City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Agenda
Tuesday, October 4, 2022
5:00 p.m. Closed Session
6:00 p.m. Regular Session
The
City
Council
holds
its
business
meetings
in
public
in
accordance
with
the
requirements
of
the
Ralph
M.
Brown
Act,
its
established
policies
and
procedures,
and
its
adopted
parliamentary
authority.
The
Council
strives
to
carry
out
its
meetings
in
an
atmosphere
of
professionalism
with
full
participation
by
members
of
the
body
and
the
public.
As
such,
the
Presiding
Officer
is
empowered
to
govern
City
Council
Meetings
to
foster
the
efficient
and
fair
administration
of
City
business
and
reserves
the
right
to
enforce
(or
cause
to
be
enforced)
the
Meeting
Rules
of
Conduct
and
Decorum
as
set
forth
in
Chapter
5 of
the
City
Council Policy and Procedures Manual.
The
City
Council
welcomes
and
encourages
public
participation
and
invites
the
community
to
attend
in
person. If you cannot attend in person, the meeting will also be available via Zoom and YouTube.
To join via Computer, Laptop, or Smart Device:
Click
the
blue
Zoom
icon
located
on
the
City’s
website
at
victorvilleca.gov/government/agendas
or
enter
the following:
Meeting ID: 850 0586 4568
Passcode: VV123
*To provide comment, click the “Raise Hand” button and the Clerk will unmute you.
To join via Audio only (cell phone or landline):
Dial: (669) 900-9128
Meeting ID: 850 0586 4568
*To provide comment dial *9 to “Raise Hand”
Public
Comments:
Members
of
the
public
may
submit
comments
electronically
to
by
4 p.m.
the
day
of
the
meeting
to
be
distributed
to
City
Council.
Participants
are
invited
to
address
the
Council
on
agendized
and
non-agendized
topics
at
the
beginning
of
the
meeting.
Public
comments
will
be
no
longer
than
three
(3)
minutes
per
community
member.
Should
a
speaker
conclude
their
comments
prior
to
the
expiration
of
three
(3)
minutes,
the
speaker
waives
the
right
to
speak
for
any
remaining
amount
of
time.
For
further
information
about
how
to
address
the
Council,
please refer to the City’s website at
victorvilleca.gov/government/agendas
.
In
compliance
with
the
Americans
with
Disabilities
Act,
if
you
need
special
assistance
to
participate
in
this
meeting,
please
contact
the
City
Clerk’s
office
at
(760)
955-5188
no
later
than
72 hours
prior
to
the
meeting.
5:00 p.m. Closed Session
Call to Order
Roll Call
Introduction to Public Comments
Public Comments for Closed Session Items
Declaration of Closed Session Item(s) by City Attorney
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
A.
CONFERENCE
WITH
LEGAL
COUNSEL
–
EXISTING
LITIGATION
PURSUANT
TO GOVERNMENT CODE 54956.9(D)(1):
Case
Name:
David
Stapleton,
as
assignee
PART
LLC.
v.
Southern
California
Logistics Airport Authority, et al
Case Number: San Bernardino Superior Court Case No. CIVDS1816606
Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Closed Session Announcements by the City Attorney
Invocation: Father Hyacinth Ibeh of St. Joan of Arc Roman Catholic Church
Pledge of Allegiance: Police Captain John Wickum
Proclamations/Special Presentations
City Clerk Swearing in of Engineer Rich Gilmartin
City Clerk Swearing in of Engineer Tim Garren
City Clerk Swearing in of Fire Captain Lee Mitchell
City Clerk Presents Agenda/Revisions to Agenda
Conflict of Interest Declarations
Any
items
on
this
agenda
that
might
be
a
conflict
of
interest
to
any
Council
Members/Board Members should be identified at this time.
Introduction to Public Comments
Public Comments
CONSENT CALENDAR
1. Monumentation Security Release for Tract Map No. 15396
Recommendation:
That
the
Honorable
City
Council
approve
the
full
release
of
the
Monumentation
Security for Tract Map No. 15396.
2. Commercial Demand Schedule No. 6
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Commercial
Demand
Schedule
No.
6 in
the
amount
of
$7,677,912.15,
covering
Electronic
Fund
Transfers
No.
331672
through
331786
and
Warrant
No.
787259
through
787372
for
09/07/2022
through
09/15/2022
and
Wire
Transfers
dated
09/08/2022,
per
the
adopted
budget
for
Fiscal
Year
2021-2022
for
the
period
covering
July
1,
2021
through
June
30,
2022
and
Fiscal
Year
2022-2023
for
the
period
covering
July
1,
2022
through
June
30, 2023.
3. Payroll Warrant List
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Payroll
Demand
Schedule
No.
2B
for
Payroll
Period
August
05,
2022,
through
August
19,
2022,
in
the
amount
of
$1,833,647.48
covering
Check
No.
33006
through
33059,
including
Vendor
checks.
Please
note
employee
Check
No.
33025
has
a
live
Check
and
an
EFT
Advice.
Also
included
are
Advice
Nos.
291403
through
291871,
per
adopted
budget
for
Fiscal
Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).
WRITTEN COMMUNICATIONS
4. Adoption of Resolution No. 22-096 Regarding Overtime Pay for Battalion Chiefs
Recommendation:
That
the
Honorable
City
Council
adopt
Resolution
No.
22-096,
providing
overtime
pay for Battalion Chiefs.
5. Side
Letter
of
Agreement
between
the
City
of
Victorville
and
the
Victorville
Professional Firefighters
Recommendation:
(1)
That
the
Honorable
City
Council
adopt
Resolution
No.
22-105
Approving
a
Side
Letter
of
Agreement
between
the
City
of
Victorville
and
the
Victorville
Professional
Firefighters and authorize the City Manager to execute said Side Letter; and (2)
That
the
Honorable
City
Council
approve
a
change
to
the
FY
22-23
Table
of
Organization.
6. 2022 Conflict of Interest Code
Recommendation:
That
the
City
Council,
sitting
as
the
code
reviewing
body
for
the
City
of
Victorville,
the
Southern
California
Logistics
Airport
Authority,
the
Southern
California
Logistics
Rail
Authority,
the
Victorville
Library
Board
of
Trustees,
the
Victorville
Water
District,
the
Successor
Agency
to
the
Victorville
Redevelopment
Agency,
and
the
Victorville
Joint
Powers
Financing
Authority,
adopt
Resolution
No.
22-100
amending
the
City's
Conflict
of
Interest
Code
to
update
position
classification
titles,
disclosure
categories, and filing requirements for all agencies.
7. Purchase and Sale Agreement and Joint Escrow Instructions – Duncan Property
Recommendation:
That the Board of Directors of the Victorville Water District:
(1)
Approve
the
Purchase
and
Sale
Agreement
and
Joint
Escrow
Instructions
(“PSA”)
between
San
Bernardino
County
(the
“County”)
and
the
Victorville
Water
District (the “District”) for the sale of the Duncan Property (the “Duncan Property”); (2)
Approve
Resolution
VWD
22-013
amending
the
Annual
Budget
for
Fiscal
Year
2022-2023 relating to an appropriation of additional revenue; and (3)
Authorize
the
City
Manager
in
his
capacity
as
General
Manager
of
the
Victorville
Water
District,
or
his
designee,
to
execute
the
PSA
and
related
escrow
documents
to effectuate the sale.
8. Purchase
and
Sale
Agreement
and
Joint
Escrow
Instructions
–
Parks
Division
Properties
Recommendation:
That the Honorable City Council:
(1)
Approve
the
Purchase
and
Sale
Agreement
and
Joint
Escrow
Instructions
(“PSA”)
between
the
Mojave
Water
Agency
(“MWA”
and
at
times
“Buyer”)
and
the
City
of
Victorville
for
the
sale
of
Accessor
Parcel
Numbers
(“APNs”)
3070-401-11,
3070-401-01 and 3070-401-02 (“Properties”);
(2)
Adopt
Resolution
No.
22-110
amending
the
Annual
Budget
for
Fiscal
Year
2022-
2023 relating to an appropriation of additional revenue; and (3)
Authorize
the
City
Manager,
or
his
designee,
to
execute
the
PSA
and
related
escrow documents to effectuate the sale.
9. Wellness Center Project - Phase 1 Supplemental Work Order
Recommendation:
That
the
Honorable
City
Council
approve
Supplemental
Work
Order
(SWO)
No.
7 resulting
in
an
increase
not
to
exceed
$302,968.86
for
the
Wellness
Center
Phase
1 construction contract.
10. Consideration
of
proposed
City
Council
Resolution
No.
22-111
adopting
revisions
to
the City of Victorville City Council Policy and Procedures Manual
Recommendation:
That the Honorable City Council:
(1)
Review
and
Consider
the
Proposed
Revised
City
Council
Policy
and
Procedures Manual; and
(2) Adopt Resolution No. 22-111.
11. City Manager Reports
12. Discussion and Possible Action Regarding Upcoming Agenda Items
13. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Consent Calendar
Meeting of: October 4, 2022
Submitted By:
Brian Gengler, City Engineer
Subject:
Monumentation Security Release for Tract Map No. 15396
Recommendation:
That the Honorable City Council approve the full release of the Monumentation Security for Tract Map No. 15396.
Fiscal Impact:
If approved, a reimbursement of $27,115 will be issued from the Engineering’s Deposit Trust Account No. 600-23130. Because it is a trust account, there will be no net fiscal impact to the budgeted Engineering Department accounts.
Background:
Tract Map No. 15396 (Tract 15396) is a subdivision of 95 single-family lots, located at the northeast corner of Mesa Linda Avenue and Ava Loma Street. On September 1, 2020, the City Council approved a Subdivision Improvement Agreement (SIA) with Legacy Homes and accepted cash as security for the required public improvements.
Discussion:
Monumentation of a tract is the process of placing markers on a surveyed area of land to determine the boundaries of the tract. Monumentation also includes the points of street centerline and right-of-way intersections, the beginning and end of curves, and lot/parcel corners. Legacy Homes has requested the release of the monumentation security for Tract 15396. The engineer of record for the Tract 15396 has completed the required monumentation and has received full payment from the developer. Therefore, it is recommended that the monumentation security for Tract 15396 be released in its entirety at this time.
Staff remains available to answer any questions the Council may have. 2 8
0 0
Attachments: A. Vicinity Map
B. Securities Table
C. Securities Deposit
Attachment A
Vicinity Map
Attachment B
Securities Table
Securities Table
Original Securities
Public Improvement Type Faithful Performance Labor & Materials Water $58,965.50 $29,482.75
Sewer $75,762.50 $37,881.25
Storm Drain $3,300.00 $1,650.00
Street $798,558.46 $399,279.23
LMAD $204,162.09 $102,081.05
Monumentation $27,115.00 N/A
TOTAL $1,167,863.55 $570,374.28
$1,167,863.55 + $570,374.28 = $1,738,237.83 (Cash Deposit Received)
Faithful Performance Security
Water Improvements – Cash Security
Labor & Materials Security
Water Improvements – Cash Security
Amount of ORIGINAL Security: $58,965.50 Amount of ORIGINAL Security: $29,482.75 Amount of Security CURRENTLY: $11,793.10 Amount of Security CURRENTLY: $29,482.75 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $11,793.10 Amount of Security REMAINING: $29,482.75 Faithful Performance Security
Sewer Improvements – Cash Security
Labor & Materials Security
Sewer Improvements – Cash Security
Amount of ORIGINAL Security: $75,762.50 Amount of ORIGINAL Security: $37,881.25 Amount of Security CURRENTLY: $15,152.50 Amount of Security CURRENTLY: $37,881.25 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $15,152.50 Amount of Security REMAINING: $37,881.25 Faithful Performance Security
Drainage Improvements – Cash Security
Labor & Materials Security
Drainage Improvements – Cash Security
Amount of ORIGINAL Security: $3,300.00 Amount of ORIGINAL Security: $1,650.00 Amount of Security CURRENTLY: $660.00 Amount of Security CURRENTLY: $1,650.00 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $660.00 Amount of Security REMAINING: $1,650.00
Developer:
Legacy Homes
1885 California St
Corona, CA 92881
Faithful Performance Security
Street Improvements – Cash Security
Labor & Materials Security
Street Improvements – Cash Security
Amount of ORIGINAL Security: $798,558.46 Amount of ORIGINAL Security: $399,279.23 Amount of Security CURRENTLY: $319,423.38 Amount of Security CURRENTLY: $399,279.23 Amount of Security being REDUCED: $0 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $319,423.38 Amount of Security REMAINING: $399,279.23 Faithful Performance Security
LMAD Improvements – Cash Security
Labor & Materials Security
LMAD Improvements – Cash Security
Amount of ORIGINAL Security: $204,162.09 Amount of ORIGINAL Security: $102,081.05 Amount of Security CURRENTLY: $81,664.84 Amount of Security CURRENTLY: $102,081.05 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $81,664.84 Amount of Security REMAINING: $102,081.05 Faithful Performance Security
Monumentation – Cash Security
Amount of ORIGINAL Security: $27,115.00
Amount of Security CURRENTLY: $27,115.00
Amount of Security being REDUCED: $27,115.00
Amount of Security REMAINING: $0.00
Attachment C
Securities Deposit
Item Number: 2
City Council / Board of Directors
Consent Calendar
Meeting of: October 4, 2022
Submitted By:
John Mendiola, Finance Director / City Treasurer
Subject:
Commercial Demand Schedule No. 6
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 6 in the amount of $7,677,912.15, covering Electronic Fund Transfers No. 331672 through 331786 and Warrant No. 787259 through 787372 for 09/07/2022 through 09/15/2022 and Wire Transfers dated 09/08/2022, per the adopted budget for Fiscal Year 2021-2022 for the period covering July 1, 2021 through June 30, 2022 and Fiscal Year 2022-2023 for the period covering July 1, 2022 through June 30, 2023.
Fiscal Impact:
The total fiscal impact for FY21-22 in the amount of $47,246.34 and total fiscal impact for FY22-23 in the amount of $7,630,665.81 is authorized with this action. The attached report details the total funds paid to vendors.
Background:
Pursuant to the City’s Municipal Code (2.24.080) the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to City policies and procedures and funds were budgeted or available to pay said demands. List of commercial warrants and wire transfers are now being presented to Council for approval.
Attachments: A. Commercial Demand Schedule No. 6 Check Register Summary ATTACHMENT A:
Commercial Demand Schedule No. 6 Check Register Summary
CITY OF VICTORVILLE
Report generated: 09/15/2022 15:31 Page 1User:
Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
331672 09/07/2022 EFT 015877 BOOT BARN, INC. 1,189.73
331673 09/07/2022 EFT 010537 ACCO ENGINEERED SYSTEMS, 2,828.00 331674 09/07/2022 EFT 017657 ALL PURPOSE DOCUMENT DEST 800.00 331675 09/07/2022 EFT 014085 ANGELES CONTRACTOR, INC 575,758.74 331676 09/07/2022 EFT 000297 BECK OIL, INC. 4,157.93
331677 09/07/2022 EFT 000312 BEST, BEST & KRIEGER 6,744.00 331678 09/07/2022 EFT 014954 BRIDGEPAY NETWORK SOLUTIO 1,620.30 331680 09/07/2022 EFT 017738 CONSOLIDATED FIRE AGENCIE 114,504.80 331681 09/07/2022 EFT 019199 DLT SOLUTIONS, LLC 33,402.88 331682 09/07/2022 EFT 028115 D'S BOOTERY 225.00
331683 09/07/2022 EFT 010860 ESTRADA, MIGUEL A. 9,720.00 331684 09/07/2022 EFT 017560 FERGUSON ENTERPRISES, LLC 397.43 331685 09/07/2022 EFT 017560 FERGUSON WATERWORKS 8,266.20 331686 09/07/2022 EFT 011206 FLYERS ENERGY LLC 280.89
331687 09/07/2022 EFT 010167 ARTCRAFT GROUP, INC. 3,629.75 331688 09/07/2022 EFT 016134 FRONTIER COMMUNICATIONS C 417.44 331689 09/07/2022 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 1,027.18 331690 09/07/2022 EFT 001063 GOODYEAR TIRE & RUBBER CO 1,354.14 331691 09/07/2022 EFT 001076 GRAINGER 1,749.33
331692 09/07/2022 EFT 003047 GRAVES & KING LLP 14,110.05 331693 09/07/2022 EFT 006269 GREEN, DE BORTNOWSKY, LLP 13,000.00 331694 09/07/2022 EFT 007081 SGM, INC. 99,967.00
331695 09/07/2022 EFT 001104 HAAKER EQUIPMENT CO. 2,237.81 331696 09/07/2022 EFT 007512 IMPERIAL SPRINKLER SUPPLY 2,882.61 331697 09/07/2022 EFT 018048 INDUSTRIAL CLERICAL RECRU 5,585.07 331698 09/07/2022 EFT 009809 KUROWSKI, HEATHER 72.91
331699 09/07/2022 EFT 000226 LARRY WALKER ASSOCIATES, 290.00 331700 09/07/2022 EFT 004986 LESLIE'S SWIMMING POOL SU 189.81 331701 09/07/2022 EFT 030522 GRAPHIC BUSINESS SOLUTION 1,088.13 331702 09/07/2022 EFT 017743 PULICE, SAMUEL A. 36.24
331703 09/07/2022 EFT 016352 MONTGOMERY, ROGER 125.00
331704 09/07/2022 EFT 014011 MYERS AND SONS HI-WAY SAF 935.66 331705 09/07/2022 EFT 028462 NINYO & MOORE GEOTECHNICA 30,062.16 331706 09/07/2022 EFT 028213 O'REILLY AUTO PARTS 31.99
331707 09/07/2022 EFT 001789 PARKHOUSE TIRE, INC. 1,032.62 331708 09/07/2022 EFT 017735 PATTERSON, PATRICK 391.13
331709 09/07/2022 EFT 013165 PETE'S ROAD SERVICE 103.06 331710 09/07/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 519.31 331711 09/07/2022 EFT 016328 RIVERSIDE CONSTRUCTION CO 151,647.69 331712 09/07/2022 EFT 012308 ROADPOST USA ,INC. 119.48
331713 09/07/2022 EFT 015670 SCORPION FIRE PROTECTION, 7,087.50 331715 09/07/2022 EFT 001153 DS SERVICES OF AMERICA, I 349.35 331716 09/07/2022 EFT 010553 SPOK, INC. 12.44
331717 09/07/2022 EFT 007194 SULLY-MILLER CONTRACTING 842,735.27 331718 09/07/2022 EFT 017269 TOWN & COUNTRY TIRE INC 2,057.42 331719 09/07/2022 EFT 001169 AUTO PARTS DIRECT LLC 455.59 331720 09/07/2022 EFT 002419 UNDERGROUND SERVICE ALERT 862.32 331721 09/07/2022 EFT 014536 UNITED SITE SERVICES OF C 311.73 331722 09/07/2022 EFT 020762 OREMOR OF VICTORVILLE, LL 253.39 331723 09/07/2022 EFT 008430 CALMAT COMPANY 1,261.21
331724 09/07/2022 EFT 002554 WAXIE SANITARY SUPPLY 2,388.88 331725 09/07/2022 EFT 022033 WOODARD & CURRAN, INC. 360,397.58
CITY OF VICTORVILLE
Report generated: 09/15/2022 15:31 Page 2User:
Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
331726 09/07/2022 EFT 018845 Z GLOBAL INC. 49,747.63
331727 09/08/2022 EFT 000743 DELL MARKETING L.P. 14,520.66 331728 09/14/2022 EFT 013920 ADB SAFEGATE AMERICAS LLC 12,243.66 331729 09/14/2022 EFT 014305 ALBERT A .WEBB ASSOCIATES 13,403.25 331730 09/14/2022 EFT 000104 DANTIN ENTERPRISES, INC. 1,105.00 331731 09/14/2022 EFT 000144 AMERICAN GREEN DEVELOPERS 12,321.00 331732 09/14/2022 EFT 019580 ASTRUM UTILITY SERVICES 16,100.00 331733 09/14/2022 EFT 014614 AUTOMATED GATE SERVICES, 1,225.13 331734 09/14/2022 EFT 007650 BAKER & TAYLOR, INC. 209.93 331735 09/14/2022 EFT 000297 BECK OIL, INC. 7,434.53
331736 09/14/2022 EFT 015877 BOOT BARN, INC. 6,338.25
331737 09/14/2022 EFT 010986 BRAUN BLAISING SMITH WYNN 11,263.00 331738 09/14/2022 EFT 003245 CALIFORNIA DEPARTMENT OF 560.00 331739 09/14/2022 EFT 000857 CALIFORNIA SURVEYING & DR 207.18 331740 09/14/2022 EFT 002720 CALIFORNIA TOOL & WELDING 593.73 331741 09/14/2022 EFT 014820 CAL-STATE AUTO PARTS 127.25 331742 09/14/2022 EFT 015486 CONSOLIDATED ELECTRICAL D 1,705.41 331743 09/14/2022 EFT 000743 DELL MARKETING L.P. 947.98 331744 09/14/2022 EFT 019199 DLT SOLUTIONS, LLC 1,200.00 331745 09/14/2022 EFT 019731 EL DORADO BROADCASTERS LL 117.00 331746 09/14/2022 EFT 018870 ENNIS-FLINT, INC. 12,234.38 331747 09/14/2022 EFT 015760 FASTENAL COMPANY 59.82
331748 09/14/2022 EFT 017560 FERGUSON ENTERPRISES, LLC 139.72 331749 09/14/2022 EFT 017560 FERGUSON WATERWORKS 35,557.99 331750 09/14/2022 EFT 016263 AFECO, INC 3,501.69
331751 09/14/2022 EFT 016134 FRONTIER COMMUNICATIONS C 7,702.51 331752 09/14/2022 EFT 001002 G & M AUTOMOTIVE & TOWING 115.50 331754 09/14/2022 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 695.97 331755 09/14/2022 EFT 001076 GRAINGER 2,113.07
331756 09/14/2022 EFT 018757 GRANICUS, INC. 240.00
331757 09/14/2022 EFT 003047 GRAVES & KING LLP 42,291.66 331758 09/14/2022 EFT 028225 HESPERIA OUTDOOR POWER EQ 4.20 331759 09/14/2022 EFT 007512 IMPERIAL SPRINKLER SUPPLY 1,484.86 331760 09/14/2022 EFT 001548 MCMASTER-CARR SUPPLY CO. 130.37 331761 09/14/2022 EFT 028462 NINYO & MOORE GEOTECHNICA 3,705.00 331762 09/14/2022 EFT 028213 O'REILLY AUTO PARTS 480.30 331763 09/14/2022 EFT 022232 PERMA-BOUND BOOKS 690.21
331764 09/14/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 270.72 331765 09/14/2022 EFT 019063 QUADIENT, INC. 90.27
331766 09/14/2022 EFT 024930 REFRIGERATION SUPPLIES DI 33.69 331767 09/14/2022 EFT 001987 ROTARY CLUB - VICTORVILLE 300.34 331768 09/14/2022 EFT 020203 SKANSKA USA CIVIL WEST CA 2,197,760.18 331769 09/14/2022 EFT 021434 SOUTH COAST, LLC 4,893.75
331771 09/14/2022 EFT 002325 TESCO CONTROLS, INC. 5,500.00 331772 09/14/2022 EFT 017269 TOWN & COUNTRY TIRE INC 30.00 331773 09/14/2022 EFT 028349 TYLER TECHNOLOGIES, INC. 7,400.00 331774 09/14/2022 EFT 001169 AUTO PARTS DIRECT LLC 127.23 331775 09/14/2022 EFT 002419 UNDERGROUND SERVICE ALERT 236.50 331776 09/14/2022 EFT 003089 UNITED RENTALS, INC. 12,754.93 331777 09/14/2022 EFT 029118 UNITED ROTARY BRUSH CORPO 2,780.19 331778 09/14/2022 EFT 014536 UNITED SITE SERVICES OF C 353.71 331779 09/14/2022 EFT 000095 UNIVAR SOLUTIONS USA INC. 54,712.11
CITY OF VICTORVILLE
Report generated: 09/15/2022 15:31 Page 3User:
Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
331780 09/14/2022 EFT 027706 HD SUPPLY FACILITIES MAIN 371.47 331781 09/14/2022 EFT 013356 VALLEYWIDE NEWSPAPERS LLC 49.00 331782 09/14/2022 EFT 008430 CALMAT COMPANY 2,426.89
331783 09/14/2022 EFT 002505 VICTORVILLE DISPOSAL, INC 1,022,559.88 331784 09/14/2022 EFT 002862 V.V. TOW, INC. 741.00
331785 09/14/2022 EFT 002498 VICTOR VALLEY WASTEWATER 1,367.74 331786 09/14/2022 EFT 011361 WALTERS WHOLESALE ELECTRI 205.54 787259 09/07/2022 PRINTED 999985 MORGAN, RAY 382.52
787260 09/07/2022 PRINTED 013312 A & B HITCHES AND MUFFLER 709.99 787261 09/07/2022 PRINTED 002605 AMERICAN SOCCER COMPANY, 52.90 787262 09/07/2022 PRINTED 020042 ANGEL ROCK AND SAND 157.58 787263 09/07/2022 PRINTED 017968 AVCOM SERVICES, INC. 308.00 787264 09/07/2022 PRINTED 999974 BSFA, LLC 3.96
787265 09/07/2022 PRINTED 000290 BATTERY MART OF APPLE VAL 36.69 787266 09/07/2022 PRINTED 019571 MJ AUTO GLASS INC. 665.08 787267 09/07/2022 PRINTED 013383 CS TRANSIT LEASING, INC. 3,562.77 787268 09/07/2022 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 83.13 787269 09/07/2022 PRINTED 000618 CDW GOVERNMENT, INC. 1,709.30 787270 09/07/2022 PRINTED 000155 CENTURY LINK 461.99
787271 09/07/2022 PRINTED 019955 CLIFTONLARSONALLEN LLP 3,900.00 787272 09/07/2022 PRINTED 000730 DAVE BANG ASSOCIATES, INC 1,337.10 787273 09/07/2022 PRINTED 020623 DIVERSIFIED GLASS, INC. 387.00 787274 09/07/2022 PRINTED 018020 DIXON PEST CONTROL, INC. 68.00 787275 09/07/2022 PRINTED 004581 FLEETPRIDE 1,087.48
787276 09/07/2022 PRINTED 000975 FRANKLIN TRUCK PARTS, INC 59.26 787277 09/07/2022 PRINTED 999979 GONZALES, FERNANDO 53.00 787278 09/07/2022 PRINTED 001074 GRAHAM EQUIPMENT 1,103.83 787279 09/07/2022 PRINTED 999980 HAN, JANGMI 46.00
787280 09/07/2022 PRINTED 001155 HESPERIA HOSE SUPPLY 385.51 787281 09/07/2022 PRINTED 000833 HINDERLITER, DELLAMAS & A 33,872.64 787282 09/07/2022 PRINTED 999982 JONES, CHRISTINA 53.00 787283 09/07/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 2,835.27 787284 09/07/2022 PRINTED 015232 LOGICALIS, INC 153,669.62 787285 09/07/2022 PRINTED 021386 MEZA, ZACHARY 150.13
787286 09/07/2022 PRINTED 021415 MOAT, LEVI 125.00
787287 09/07/2022 PRINTED 019967 MOJAVE AUTO COLLISION 15,311.52 787288 09/07/2022 PRINTED 001648 NAPA AUTO PARTS 1,209.89 787289 09/07/2022 PRINTED 007044 NATIONAL CONSTRUCTION REN 856.80 787290 09/07/2022 PRINTED 999987 ORNELAS, ANGELIQUE 64.00 787291 09/07/2022 PRINTED 005599 PORTER, TOM 225.00
787292 09/07/2022 PRINTED 014355 QUINN COMPANY 158.72
787293 09/07/2022 PRINTED 001910 R & R PRODUCTS, INC. 230.50 787294 09/07/2022 PRINTED 002746 ROTO ROOTER PLUMBERS 632.50 787295 09/07/2022 PRINTED 020899 RUSH TRUCK CENTERS OF CAL 1,661.70 787296 09/07/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 68,927.79 787297 09/07/2022 PRINTED 020284 SOCAL PPE, LLC 271.88
787298 09/07/2022 PRINTED 017936 STAPLES INC 184.96
787299 09/07/2022 PRINTED 002204 SOUTHWEST GAS CORPORATION 31,097.96 787300 09/07/2022 PRINTED 000857 CALIFORNIA SURVEYING & DR 35,570.21 787301 09/07/2022 PRINTED 021434 SOUTH COAST, LLC 575.37 787302 09/14/2022 PRINTED 001592 MOBILE OCCUPATIONAL SERVI 20.00 787303 09/14/2022 PRINTED 019967 MOJAVE AUTO COLLISION 12,820.92
CITY OF VICTORVILLE
Report generated: 09/15/2022 15:31 Page 4User:
Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
787304 09/14/2022 PRINTED 014673 AC PLUS HEATING & AIR INC 120.00 787305 09/14/2022 PRINTED 018340 AUTO-GRAPHICS, INC. 5,195.00 787306 09/14/2022 PRINTED 017968 AVCOM SERVICES, INC. 317.50 787307 09/14/2022 PRINTED 025164 BANK OF NEW YORK MELLON T 2,556.20 787308 09/14/2022 PRINTED 000290 BATTERY MART OF APPLE VAL 511.91 787309 09/14/2022 PRINTED 013554 BLAIR, TAMARA 57.95
787310 09/14/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 16,779.91 787311 09/14/2022 PRINTED 014097 CANON SOLUTIONS AMERICA, 310.34 787312 09/14/2022 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 237.97 787313 09/14/2022 PRINTED 021825 CARPET CLUB, INC. 1,900.00 787314 09/14/2022 PRINTED 020633 CASPER, SARAH 61.46
787315 09/14/2022 PRINTED 011084 COMMERCIAL TRANSPORTATION 5,373.23 787316 09/14/2022 PRINTED 014721 CORE & MAIN LP 1,591.02 787317 09/14/2022 PRINTED 011397 CRESTLINE SPECIALTIES, IN 1,299.52 787318 09/14/2022 PRINTED 009898 CWEA 202.00
787319 09/14/2022 PRINTED 010687 HONG, JAMES 87.28
787320 09/14/2022 PRINTED 000133 DMC-DOCUMENT & MIRCROFILM 502.24 787321 09/14/2022 PRINTED 021437 EASTMAN, MICHAEL 350.00 787322 09/14/2022 PRINTED 004581 FLEETPRIDE 2,174.96
787323 09/14/2022 PRINTED 008873 FRED PRYOR SEMINARS 199.00 787324 09/14/2022 PRINTED 999979 GERMANY, CLOIS 118.00
787325 09/14/2022 PRINTED 011371 GARDA CL NORTHWEST, INC. 2,704.49 787326 09/14/2022 PRINTED 021443 GOTH, PERRY 129.50
787327 09/14/2022 PRINTED 020022 THE GREATER HIGH DESERT C 60.00 787328 09/14/2022 PRINTED 999980 HARRIS, JAMIE LYNN 100.00 787329 09/14/2022 PRINTED 002216 HESPERIA VETERINARY SERVI 50.00 787330 09/14/2022 PRINTED 017037 IDS GROUP, INC 3,225.00 787331 09/14/2022 PRINTED 016215 INFORMA MEDIA, INC. 24,035.00 787332 09/14/2022 PRINTED 010684 KALE, SPARKY 276.97
787333 09/14/2022 PRINTED 021436 KNUTSEN, BRIAN 222.50
787334 09/14/2022 PRINTED 019260 KNUTSEN, JERRY 222.50
787335 09/14/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S .56 787336 09/14/2022 PRINTED 020711 KREJCKANT, BRANDON 100.00 787337 09/14/2022 PRINTED 020477 LIFE-ASSIST, INC. 3,888.41 787338 09/14/2022 PRINTED 000361 MARK BROWN & ASSOCIATES, 125.00 787339 09/14/2022 PRINTED 019193 MERRELL ENGINEERING COMPA 2,198.00 787340 09/14/2022 PRINTED 002956 METZLER, KEITH C. 50.00 787341 09/14/2022 PRINTED 018366 MEYER, JOSHUA 357.64
787342 09/14/2022 PRINTED 021161 CAR WASH PARTNERS, INC. 549.00 787343 09/14/2022 PRINTED 001592 MOBILE OCCUPATIONAL SERVI 215.00 787344 09/14/2022 PRINTED 013925 MORALES, THOMAS 41.13
787345 09/14/2022 PRINTED 001648 NAPA AUTO PARTS 1,453.30 787346 09/14/2022 PRINTED 020815 NEXTERA ENERGY CAPITAL HO 638,952.00 787347 09/14/2022 PRINTED 018519 PARSONS TRANSPORTATION GR 176,721.73 787348 09/14/2022 PRINTED 001866 PRINTMART 86.95
787349 09/14/2022 PRINTED 017946 RAILWORKS TRACK SERVICE, 11,552.17 787350 09/14/2022 PRINTED 018893 RICKER, JEFFERY 47.99
787351 09/14/2022 PRINTED 003150 ROBERTSON'S 5,910.12
787352 09/14/2022 PRINTED 002746 ROTO ROOTER PLUMBERS 212.75 787353 09/14/2022 PRINTED 999991 ST. JOAN OF ARC CATHOLIC 52.40 787354 09/14/2022 PRINTED 002037 SAN BERNARDINO COUNTY 4,200.00 787355 09/14/2022 PRINTED 002037 SAN BERNARDINO COUNTY 29.00
CITY OF VICTORVILLE
Report generated: 09/15/2022 15:31 Page 5User:
Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
787356 09/14/2022 PRINTED 002037 SAN BERNARDINO COUNTY 508.00 787357 09/14/2022 PRINTED 002037 SAN BERNARDINO COUNTY 279.94 787358 09/14/2022 PRINTED 018884 FIRST STREET PARENT, INC. 252.78 787359 09/14/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 434,864.62 787360 09/14/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 22,749.04 787361 09/14/2022 PRINTED 011303 SPORTSENGINE, INC. 430.50 787362 09/14/2022 PRINTED 017936 STAPLES INC 105.89
787363 09/14/2022 PRINTED 002269 SUNLAND FORD 73.14
787364 09/14/2022 PRINTED 020979 TR DESIGN GROUP, INC. 7,926.25 787365 09/14/2022 PRINTED 021297 YHBJ GROUP INC. 504.89 787366 09/14/2022 PRINTED 013754 TURBOSCAPE, INC. 2,876.45 787367 09/14/2022 PRINTED 999993 USA NATIONAL TITLE COMPAN 601.60 787368 09/14/2022 PRINTED 014914 ULINE SHIPPING SUPPLY SPE 879.48 787369 09/14/2022 PRINTED 029217 GALE/JORDAN ASSOCIATES, I 2,215.00 787370 09/14/2022 PRINTED 021340 MACKENZIE ENTERPRISES 2,031.60 787371 09/15/2022 PRINTED 019967 MOJAVE AUTO COLLISION 18,312.51 787372 09/15/2022 PRINTED 017490 SAN BERNARDINO COUNTY FIR 80.00 225 CHECKS CASH ACCOUNT TOTAL 7,677,649.89 .00
Wires Initiated through Wells Fargo Bank
DATE OF
WIRE ACCOUNT NAME DESCRIPTION AMOUNT WELLS FARGO BANK CONF # 09/08/22 Vantage Transfer Agents - 401 Vantage Transfer Agents - 401 Payment $ 262.26 CHIPS:0230662/001432/001432 Total: $ 262.26
Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: October 4, 2022
Submitted By:
John Mendiola, Finance Director / City Treasurer
Subject:
Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 2B for Payroll Period August 05, 2022, through August 19, 2022, in the amount of $1,833,647.48 covering Check No. 33006 through 33059, including Vendor checks. Please note employee Check No. 33025 has a live Check and an EFT Advice. Also included are Advice Nos. 291403 through 291871, per adopted budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).
Fiscal Impact:
A total fiscal impact of $1,833,647.48 is authorized with this action. The attached report details the payments by check numbers.
Discussion:
I hereby certify that the claims or demands covered by the attached list of warrants have been audited as to the accuracy and availability of funds for payment thereof and that said claims or demands are accurate and the funds are available for payment thereof.
Attachments: A. Payroll Report PPE 081922
Attachment A
Payroll Report PPE 081922
City of Victorville Council Payroll Report 08/30/2022Page 1 of 14 Checks
Check Number Employee ID Check Date Total Net
33006 3619 08/12/2022 $934.46
33007 3690 08/16/2022 $867.61
33008 3551 08/26/2022 $584.87
33009 3695 08/26/2022 $1,879.38
33010 3697 08/26/2022 $5,360.47
33011 2341 08/26/2022 $43.08
33012 3554 08/26/2022 $136.57
33013 3466 08/26/2022 $136.57
33014 3614 08/26/2022 $136.57
33015 1627 08/26/2022 $23.08
33016 3556 08/26/2022 $136.57
33017 1871 08/26/2022 $20.00
33018 1850 08/26/2022 $60.00
33019 2450 08/26/2022 $40.00
33020 2099 08/26/2022 $24.56
33021 1851 08/26/2022 $60.00
33022 3694 08/26/2022 $2,093.47
33023 1105 08/26/2022 $60.00
33024 3692 08/26/2022 $2,524.63
33025 2705 08/26/2022 $1,171.24
33026 1045 08/26/2022 $60.00
33027 1022 08/26/2022 $60.00
33028 2635 08/26/2022 $18.47
33029 3685 08/26/2022 $1,126.78
33030 1625 08/26/2022 $26.70
33030 1625 08/26/2022 ($26.70)
33031 2749 08/26/2022 $13.82
33032 3670 08/26/2022 $518.84
33033 3675 08/26/2022 $315.49
33034 3654 08/26/2022 $915.60
33035 1866 08/26/2022 $1,848.91
33036 3664 08/26/2022 $562.69
33037 3679 08/26/2022 $663.95
33038 3307 08/26/2022 $477.32
33039 3680 08/26/2022 $162.80
33040 3375 08/26/2022 $838.42
City of Victorville
City Council Payroll Report
Payroll Period Beginning: August 05, 2022 through August 19, 2022 City of Victorville Council Payroll Report 08/30/2022Page 2 of 14 33041 3578 08/26/2022 $60.09
33042 3667 08/26/2022 $300.46
33043 3677 08/26/2022 $439.55
33044 3666 08/26/2022 $722.46
33045 3658 08/26/2022 $333.74
33046 3662 08/26/2022 $133.20
33047 3681 08/26/2022 $150.59
33048 3696 08/26/2022 $2,626.94
33049 240 08/26/2022 $5.00
33050 787 08/26/2022 $150.00
33051 1145 08/26/2022 $378.24
33052 1182 08/26/2022 $100.00
33053 1182 08/26/2022 $100.00
33054 13491 08/26/2022 $422.31
33055 18154 08/26/2022 $175.00
33056 20821 08/26/2022 $423.00
33057 1625 08/26/2022 $27.70
33058 3573 08/29/2022 $147.23
33059 3665 08/29/2022 $566.08
Checks Total 31,137.81
City of Victorville Council Payroll Report 08/30/2022Page 3 of 14 Advices
Check Number Employee ID Check Date Total Net
33025 2705 08/26/2022 $2,000.00
291403 3439 08/15/2022 $514.55
291404 3456 08/15/2022 $96.00
291405 3596 08/22/2022 $4,567.12
291406 3608 08/26/2022 $2,346.94
291407 1099 08/26/2022 $657.43
291408 3495 08/26/2022 $2,056.84
291409 3597 08/26/2022 $3,479.83
291410 3243 08/26/2022 $2,784.98
291411 2115 08/26/2022 $5,078.53
291412 3142 08/26/2022 $1,644.72
291413 3640 08/26/2022 $1,783.90
291414 3297 08/26/2022 $630.71
291415 3458 08/26/2022 $357.45
291416 3229 08/26/2022 $4,010.93
291417 3283 08/26/2022 $2,525.82
291418 1064 08/26/2022 $7,090.28
291419 2287 08/26/2022 $2,852.94
291420 3467 08/26/2022 $1,932.35
291421 1706 08/26/2022 $4,532.33
291422 2395 08/26/2022 $3,365.18
291423 3625 08/26/2022 $1,686.03
291424 3684 08/26/2022 $2,060.71
291425 2624 08/26/2022 $2,450.42
291426 3043 08/26/2022 $1,926.92
291427 3031 08/26/2022 $2,756.09
291428 1748 08/26/2022 $2,738.23
291429 2361 08/26/2022 $2,155.53
291430 3328 08/26/2022 $2,271.26
291431 3638 08/26/2022 $3,501.97
291432 3502 08/26/2022 $1,873.00
291433 3561 08/26/2022 $2,332.42
291434 1903 08/26/2022 $1,990.70
291435 3616 08/26/2022 $2,341.29
291436 3630 08/26/2022 $1,727.56
291437 3527 08/26/2022 $1,824.27
291438 2682 08/26/2022 $2,633.93
291439 2627 08/26/2022 $2,022.21
291440 2366 08/26/2022 $1,847.39
291441 3643 08/26/2022 $3,416.22
291442 2594 08/26/2022 $2,820.90
City of Victorville Council Payroll Report 08/30/2022Page 4 of 14 291443 2297 08/26/2022 $1,842.06
291444 3516 08/26/2022 $2,701.05
291445 2093 08/26/2022 $1,755.97
291446 1973 08/26/2022 $3,291.13
291447 2019 08/26/2022 $2,496.69
291448 3494 08/26/2022 $2,410.01
291449 3538 08/26/2022 $1,757.83
291450 2102 08/26/2022 $3,131.71
291451 2233 08/26/2022 $2,823.58
291452 2606 08/26/2022 $2,257.32
291453 3660 08/26/2022 $1,633.56
291454 3046 08/26/2022 $1,916.33
291455 1635 08/26/2022 $4,806.97
291456 3653 08/26/2022 $2,080.60
291457 3327 08/26/2022 $2,127.30
291458 3624 08/26/2022 $2,013.31
291459 3009 08/26/2022 $3,290.87
291460 2618 08/26/2022 $1,711.66
291461 2619 08/26/2022 $2,326.55
291462 2603 08/26/2022 $1,749.12
291463 2491 08/26/2022 $2,298.37
291464 2235 08/26/2022 $2,978.99
291465 2300 08/26/2022 $3,303.29
291466 2655 08/26/2022 $1,573.06
291467 3088 08/26/2022 $2,531.72
291468 2032 08/26/2022 $3,217.57
291469 2685 08/26/2022 $1,775.68
291470 3521 08/26/2022 $2,283.06
291471 3528 08/26/2022 $1,999.83
291472 3045 08/26/2022 $2,384.96
291473 3499 08/26/2022 $1,995.19
291474 3362 08/26/2022 $2,130.81
291475 2232 08/26/2022 $2,775.23
291476 1957 08/26/2022 $2,545.03
291477 3290 08/26/2022 $907.44
291478 3085 08/26/2022 $2,047.30
291479 3246 08/26/2022 $3,026.32
291480 2042 08/26/2022 $4,847.72
291481 3615 08/26/2022 $2,855.03
291482 2323 08/26/2022 $3,289.84
291483 1767 08/26/2022 $2,933.64
291484 3508 08/26/2022 $2,113.65
291485 3682 08/26/2022 $3,193.81
291486 2225 08/26/2022 $7,768.11
City of Victorville Council Payroll Report 08/30/2022Page 5 of 14 291487 3544 08/26/2022 $1,933.47
291488 3221 08/26/2022 $2,796.04
291489 1855 08/26/2022 $136.57
291490 3627 08/26/2022 $2,085.29
291491 1533 08/26/2022 $2,317.62
291492 2833 08/26/2022 $2,088.83
291493 2211 08/26/2022 $4,560.64
291494 3497 08/26/2022 $1,795.21
291495 1426 08/26/2022 $1,065.79
291496 3105 08/26/2022 $1,781.26
291497 2254 08/26/2022 $2,918.48
291498 3618 08/26/2022 $2,009.36
291499 3482 08/26/2022 $1,838.02
291500 3354 08/26/2022 $3,636.38
291501 3011 08/26/2022 $1,717.89
291502 3623 08/26/2022 $1,126.78
291503 3295 08/26/2022 $1,789.32
291504 3184 08/26/2022 $3,130.26
291505 3400 08/26/2022 $2,335.05
291506 3547 08/26/2022 $1,126.78
291507 3673 08/26/2022 $1,126.78
291508 2742 08/26/2022 $2,751.41
291509 3089 08/26/2022 $2,841.96
291510 3641 08/26/2022 $1,611.08
291511 2379 08/26/2022 $2,858.23
291512 3672 08/26/2022 $1,126.78
291513 3634 08/26/2022 $2,378.30
291514 2711 08/26/2022 $1,744.73
291515 3639 08/26/2022 $1,471.86
291516 3586 08/26/2022 $1,808.22
291517 3190 08/26/2022 $3,020.10
291518 2249 08/26/2022 $4,822.30
291519 3650 08/26/2022 $1,434.98
291520 3393 08/26/2022 $1,684.53
291521 3250 08/26/2022 $1,960.25
291522 3491 08/26/2022 $1,106.06
291523 3548 08/26/2022 $1,126.78
291524 3511 08/26/2022 $1,926.56
291525 3581 08/26/2022 $2,172.18
291526 3396 08/26/2022 $1,916.25
291527 3663 08/26/2022 $1,483.77
291528 3541 08/26/2022 $2,345.16
291529 2499 08/26/2022 $3,091.83
291530 3379 08/26/2022 $2,281.11
City of Victorville Council Payroll Report 08/30/2022Page 6 of 14 291531 2105 08/26/2022 $4,497.79
291532 3474 08/26/2022 $2,021.42
291533 2515 08/26/2022 $2,246.59
291534 3636 08/26/2022 $2,303.86
291535 2679 08/26/2022 $3,071.11
291536 3490 08/26/2022 $2,131.51
291537 3475 08/26/2022 $2,107.00
291538 3353 08/26/2022 $2,904.22
291539 3542 08/26/2022 $2,945.91
291540 1955 08/26/2022 $3,032.24
291541 3147 08/26/2022 $2,700.13
291542 1632 08/26/2022 $2,410.96
291543 3148 08/26/2022 $2,946.51
291544 3195 08/26/2022 $2,803.26
291545 3602 08/26/2022 $2,324.08
291546 1970 08/26/2022 $2,347.98
291547 1520 08/26/2022 $3,458.32
291548 2605 08/26/2022 $2,023.74
291549 3505 08/26/2022 $4,292.40
291550 2540 08/26/2022 $3,349.36
291551 3522 08/26/2022 $1,779.98
291552 2377 08/26/2022 $2,798.96
291553 1079 08/26/2022 $2,592.33
291554 3463 08/26/2022 $2,648.06
291555 2312 08/26/2022 $2,544.39
291556 3510 08/26/2022 $426.57
291557 3637 08/26/2022 $2,610.13
291558 1901 08/26/2022 $5,601.39
291559 3628 08/26/2022 $3,004.98
291560 3068 08/26/2022 $2,063.86
291561 3633 08/26/2022 $2,406.05
291562 3129 08/26/2022 $3,410.80
291563 1998 08/26/2022 $3,421.84
291564 2376 08/26/2022 $4,316.95
291565 2111 08/26/2022 $2,846.22
291566 3303 08/26/2022 $3,394.70
291567 3558 08/26/2022 $2,544.13
291568 1655 08/26/2022 $2,805.47
291569 3285 08/26/2022 $2,505.37
291570 1529 08/26/2022 $597.45
291571 3238 08/26/2022 $3,967.81
291572 3242 08/26/2022 $2,200.11
291573 3346 08/26/2022 $2,074.71
291574 1776 08/26/2022 $3,087.56
City of Victorville Council Payroll Report 08/30/2022Page 7 of 14 291575 3192 08/26/2022 $2,001.02
291576 2798 08/26/2022 $2,122.24
291577 2522 08/26/2022 $1,393.54
291578 3265 08/26/2022 $2,131.39
291579 1503 08/26/2022 $3,052.76
291580 1515 08/26/2022 $2,722.74
291581 2505 08/26/2022 $2,634.88
291582 3299 08/26/2022 $1,714.39
291583 3113 08/26/2022 $2,097.35
291584 1007 08/26/2022 $3,381.01
291585 2343 08/26/2022 $713.74
291586 3273 08/26/2022 $2,430.67
291587 3121 08/26/2022 $2,096.54
291588 3635 08/26/2022 $2,036.43
291589 1497 08/26/2022 $2,630.65
291590 3537 08/26/2022 $2,651.54
291591 2192 08/26/2022 $1,791.14
291592 2034 08/26/2022 $3,103.65
291593 2275 08/26/2022 $2,814.07
291594 3380 08/26/2022 $2,232.66
291595 3191 08/26/2022 $2,281.46
291596 2530 08/26/2022 $2,841.25
291597 3496 08/26/2022 $427.92
291598 3051 08/26/2022 $2,391.79
291599 1750 08/26/2022 $2,344.42
291600 2770 08/26/2022 $1,864.63
291601 2228 08/26/2022 $942.23
291602 3101 08/26/2022 $2,599.56
291603 3335 08/26/2022 $2,111.09
291604 3611 08/26/2022 $1,212.46
291605 3388 08/26/2022 $1,233.91
291606 1249 08/26/2022 $1,970.16
291607 3284 08/26/2022 $3,038.95
291608 3580 08/26/2022 $1,126.78
291609 3621 08/26/2022 $998.24
291610 3270 08/26/2022 $1,770.59
291611 1117 08/26/2022 $3,363.29
291612 2248 08/26/2022 $1,929.85
291613 3263 08/26/2022 $1,585.94
291614 3622 08/26/2022 $1,028.26
291615 1588 08/26/2022 $2,117.04
291616 2189 08/26/2022 $2,493.38
291617 3560 08/26/2022 $1,668.42
291618 3509 08/26/2022 $1,982.64
City of Victorville Council Payroll Report 08/30/2022Page 8 of 14 291619 3226 08/26/2022 $2,432.86
291620 3257 08/26/2022 $1,790.90
291621 1121 08/26/2022 $2,263.92
291622 2689 08/26/2022 $1,032.75
291623 3149 08/26/2022 $2,360.78
291624 2181 08/26/2022 $2,268.81
291625 1865 08/26/2022 $3,590.84
291626 3479 08/26/2022 $1,137.70
291627 3689 08/26/2022 $998.24
291628 1723 08/26/2022 $10.61
291629 3288 08/26/2022 $1,112.39
291630 3296 08/26/2022 $2,117.99
291631 3572 08/26/2022 $1,229.21
291632 2531 08/26/2022 $2,807.25
291633 1513 08/26/2022 $2,366.31
291634 2118 08/26/2022 $1,160.83
291635 3387 08/26/2022 $1,088.78
291636 3330 08/26/2022 $1,655.84
291637 2681 08/26/2022 $3,239.37
291638 2119 08/26/2022 $1,815.51
291639 1612 08/26/2022 $1,964.58
291640 1282 08/26/2022 $2,572.79
291641 3610 08/26/2022 $1,126.78
291642 3277 08/26/2022 $1,772.24
291643 3287 08/26/2022 $1,883.57
291644 3037 08/26/2022 $1,691.78
291645 1449 08/26/2022 $2,713.74
291646 3481 08/26/2022 $1,112.39
291647 2677 08/26/2022 $4,671.58
291648 3688 08/26/2022 $1,126.78
291649 3341 08/26/2022 $2,117.19
291650 1137 08/26/2022 $1,766.54
291651 2383 08/26/2022 $1,814.40
291652 3687 08/26/2022 $2,083.20
291653 3130 08/26/2022 $2,038.01
291654 2489 08/26/2022 $2,023.42
291655 3361 08/26/2022 $2,106.86
291656 3139 08/26/2022 $1,628.43
291657 3099 08/26/2022 $2,465.57
291658 2696 08/26/2022 $1,827.84
291659 1287 08/26/2022 $2,843.83
291660 3536 08/26/2022 $2,303.30
291661 1254 08/26/2022 $2,093.09
291662 3187 08/26/2022 $1,093.97
City of Victorville Council Payroll Report 08/30/2022Page 9 of 14 291663 2368 08/26/2022 $1,922.52
291664 3095 08/26/2022 $2,103.06
291665 3532 08/26/2022 $1,909.85
291666 3258 08/26/2022 $1,142.93
291667 3100 08/26/2022 $2,552.04
291668 3259 08/26/2022 $1,142.93
291669 3344 08/26/2022 $2,011.32
291670 1338 08/26/2022 $3,518.68
291671 3507 08/26/2022 $1,142.93
291672 2229 08/26/2022 $1,647.46
291673 1049 08/26/2022 $2,299.74
291674 1506 08/26/2022 $1,894.37
291675 1959 08/26/2022 $3,251.53
291676 3004 08/26/2022 $2,025.16
291677 1893 08/26/2022 $1,968.18
291678 3626 08/26/2022 $1,856.94
291679 1581 08/26/2022 $2,512.62
291680 3279 08/26/2022 $1,943.58
291681 2460 08/26/2022 $1,838.58
291682 3671 08/26/2022 $1,648.50
291683 3112 08/26/2022 $1,921.70
291684 2732 08/26/2022 $1,812.45
291685 3338 08/26/2022 $590.27
291686 2552 08/26/2022 $1,936.26
291687 2476 08/26/2022 $3,370.63
291688 2279 08/26/2022 $2,788.60
291689 3515 08/26/2022 $4,744.54
291690 3092 08/26/2022 $2,526.19
291691 3138 08/26/2022 $2,500.76
291692 3146 08/26/2022 $2,790.36
291693 2590 08/26/2022 $2,167.69
291694 2748 08/26/2022 $2,144.18
291695 2669 08/26/2022 $3,065.97
291696 2623 08/26/2022 $1,870.72
291697 2637 08/26/2022 $3,375.47
291698 3079 08/26/2022 $1,784.06
291699 2638 08/26/2022 $2,792.68
291700 3513 08/26/2022 $2,033.16
291701 3109 08/26/2022 $2,494.28
291702 2671 08/26/2022 $3,139.43
291703 3019 08/26/2022 $3,208.88
291704 2593 08/26/2022 $2,422.45
291705 3461 08/26/2022 $793.80
291706 2626 08/26/2022 $1,614.26
City of Victorville Council Payroll Report 08/30/2022Page 10 of 14 291707 3038 08/26/2022 $2,492.12
291708 3052 08/26/2022 $2,039.69
291709 2290 08/26/2022 $1,996.30
291710 3110 08/26/2022 $2,584.95
291711 2641 08/26/2022 $2,037.28
291712 2612 08/26/2022 $2,379.98
291713 2642 08/26/2022 $2,803.45
291714 3331 08/26/2022 $1,816.85
291715 2674 08/26/2022 $2,462.58
291716 3231 08/26/2022 $2,320.68
291717 3228 08/26/2022 $2,628.91
291718 2628 08/26/2022 $2,783.14
291719 3301 08/26/2022 $1,649.79
291720 2630 08/26/2022 $2,501.91
291721 3182 08/26/2022 $2,538.19
291722 2599 08/26/2022 $2,199.99
291723 2683 08/26/2022 $1,932.41
291724 2753 08/26/2022 $2,300.67
291725 2610 08/26/2022 $2,526.28
291726 3323 08/26/2022 $1,739.73
291727 1389 08/26/2022 $2,888.72
291728 3264 08/26/2022 $1,935.02
291729 2808 08/26/2022 $1,819.43
291730 2646 08/26/2022 $3,335.89
291731 3617 08/26/2022 $2,020.33
291732 2600 08/26/2022 $2,529.56
291733 2524 08/26/2022 $2,603.84
291734 2686 08/26/2022 $1,996.25
291735 2193 08/26/2022 $3,510.00
291736 3322 08/26/2022 $2,294.53
291737 3629 08/26/2022 $2,367.20
291738 3230 08/26/2022 $2,881.82
291739 1931 08/26/2022 $2,210.89
291740 2038 08/26/2022 $1,573.87
291741 2339 08/26/2022 $2,367.92
291742 2678 08/26/2022 $3,685.06
291743 3240 08/26/2022 $2,161.15
291744 3215 08/26/2022 $2,805.14
291745 3035 08/26/2022 $1,956.38
291746 3651 08/26/2022 $2,045.39
291747 3185 08/26/2022 $2,203.07
291748 1853 08/26/2022 $2,815.55
291749 3645 08/26/2022 $187.79
291750 3503 08/26/2022 $2,458.81
City of Victorville Council Payroll Report 08/30/2022Page 11 of 14 291751 3589 08/26/2022 $977.00
291752 3676 08/26/2022 $633.62
291753 3579 08/26/2022 $755.36
291754 3376 08/26/2022 $3,464.23
291755 3384 08/26/2022 $1,085.49
291756 3386 08/26/2022 $1,947.43
291757 3646 08/26/2022 $650.07
291758 2488 08/26/2022 $1,516.12
291759 3120 08/26/2022 $972.16
291760 3582 08/26/2022 $1,045.14
291761 3252 08/26/2022 $2,513.45
291762 3070 08/26/2022 $2,226.40
291763 3657 08/26/2022 $915.60
291764 3371 08/26/2022 $1,017.52
291765 3674 08/26/2022 $973.05
291766 3655 08/26/2022 $971.44
291767 3656 08/26/2022 $915.60
291768 3575 08/26/2022 $656.82
291769 2478 08/26/2022 $937.29
291770 3648 08/26/2022 $699.43
291771 3470 08/26/2022 $347.41
291772 3573 08/26/2022 $957.34
291773 3471 08/26/2022 $1,040.34
291774 3531 08/26/2022 $3,832.04
291775 3587 08/26/2022 $915.60
291776 3669 08/26/2022 $231.41
291777 3029 08/26/2022 $1,778.11
291778 2564 08/26/2022 $327.17
291779 3326 08/26/2022 $3,131.87
291780 3649 08/26/2022 $676.40
291781 3609 08/26/2022 $915.60
291782 3492 08/26/2022 $691.64
291783 3691 08/26/2022 $915.60
291784 3678 08/26/2022 $499.55
291785 3576 08/26/2022 $535.70
291786 3647 08/26/2022 $505.34
291787 3566 08/26/2022 $686.28
291788 2006 08/26/2022 $1,286.64
291789 2684 08/26/2022 $1,564.68
291790 1966 08/26/2022 $1,865.38
291791 2204 08/26/2022 $3,084.71
291792 2355 08/26/2022 $2,365.16
291793 3500 08/26/2022 $2,257.16
291794 2039 08/26/2022 $1,841.21
City of Victorville Council Payroll Report 08/30/2022Page 12 of 14 291795 3281 08/26/2022 $1,414.07
291796 1990 08/26/2022 $1,933.13
291797 3550 08/26/2022 $1,864.97
291798 2629 08/26/2022 $2,051.28
291799 3348 08/26/2022 $1,852.61
291800 1544 08/26/2022 $2,338.23
291801 3543 08/26/2022 $1,798.85
291802 3107 08/26/2022 $2,139.03
291803 3081 08/26/2022 $2,035.39
291804 3523 08/26/2022 $3,618.36
291805 3271 08/26/2022 $1,785.63
291806 3017 08/26/2022 $4,309.83
291807 3512 08/26/2022 $2,346.79
291808 2027 08/26/2022 $1,283.18
291809 2330 08/26/2022 $2,461.72
291810 2795 08/26/2022 $108.64
291811 1932 08/26/2022 $1,799.70
291812 3437 08/26/2022 $5,614.10
291813 3652 08/26/2022 $2,109.47
291814 3421 08/26/2022 $7,707.98
291815 3439 08/26/2022 $2,401.32
291816 3440 08/26/2022 $4,660.71
291817 3441 08/26/2022 $2,734.55
291818 3473 08/26/2022 $3,702.43
291819 3406 08/26/2022 $4,754.19
291820 3422 08/26/2022 $6,252.53
291821 3407 08/26/2022 $1,025.28
291822 3442 08/26/2022 $4,450.11
291823 3368 08/26/2022 $1,426.26
291824 3433 08/26/2022 $4,147.15
291825 3469 08/26/2022 $3,623.33
291826 3424 08/26/2022 $7,693.48
291827 3414 08/26/2022 $5,329.74
291828 3443 08/26/2022 $5,353.89
291829 3600 08/26/2022 $4,884.02
291830 3598 08/26/2022 $4,544.38
291831 3418 08/26/2022 $5,486.48
291832 3444 08/26/2022 $3,351.19
291833 3583 08/26/2022 $4,917.39
291834 3585 08/26/2022 $3,472.13
291835 3594 08/26/2022 $4,238.57
291836 1718 08/26/2022 $5,854.79
291837 3409 08/26/2022 $3,572.55
291838 3426 08/26/2022 $7,980.41
City of Victorville Council Payroll Report 08/30/2022Page 13 of 14 291839 3642 08/26/2022 $4,652.75
291840 3584 08/26/2022 $1,650.77
291841 3410 08/26/2022 $4,371.24
291842 3447 08/26/2022 $3,114.48
291843 3427 08/26/2022 $4,592.55
291844 3607 08/26/2022 $3,538.03
291845 3411 08/26/2022 $4,131.63
291846 3448 08/26/2022 $4,484.32
291847 3571 08/26/2022 $2,052.91
291848 3518 08/26/2022 $1,854.51
291849 3449 08/26/2022 $4,578.26
291850 3428 08/26/2022 $4,766.62
291851 3429 08/26/2022 $3,939.49
291852 3455 08/26/2022 $3,167.99
291853 3451 08/26/2022 $12,236.13
291854 3595 08/26/2022 $6,000.22
291855 3430 08/26/2022 $6,764.81
291856 3452 08/26/2022 $4,179.37
291857 3417 08/26/2022 $2,031.25
291858 3431 08/26/2022 $6,255.59
291859 3419 08/26/2022 $2,943.11
291860 3524 08/26/2022 $3,024.13
291861 3412 08/26/2022 $3,675.37
291862 3420 08/26/2022 $6,498.46
291863 3378 08/26/2022 $5,392.82
291864 3435 08/26/2022 $4,014.58
291865 3432 08/26/2022 $3,932.57
291866 3408 08/26/2022 $3,204.05
291867 3445 08/26/2022 $2,564.38
291868 3456 08/26/2022 $3,561.11
291869 3591 08/26/2022 $3,353.53
291870 3392 08/26/2022 $5,149.80
291871 2210 08/26/2022 $2,715.45
Advices Total 1,162,190.80
City of Victorville Council Payroll Report 08/30/2022Page 14 of 14 Electronic Vendor Payments
Vendor # Check Date Total Gross
IRS 0 8/12/2022 29.36
IRS 0 8/15/2022 1.83
IRS 0 8/16/2022 105.71
IRS 0 8/22/2022 2,106.70
IRS 0 8/26/2022 215,478.08
State Taxes 0 8/15/2022 12.67
State Taxes 0 8/17/2022 62.95
State Taxes 0 8/22/2022 476.09
State Taxes 0 8/26/2022 62,079.72
CASDU 0 8/26/2022 4,580.95
Deferred Comp (457) 0 8/17/2022 76.23
Deferred Comp (457) 0 8/23/2022 300.00
Deferred Comp (457) 0 8/29/2022 78,799.26
Deferred Comp (401a) 0 8/26/2022 244.42
PERS 0 9/2/2022 273,024.90
VV Professional Firefighters 8/25/2022 2,940.00
Total Electronic P Payments 640,318.87
Item Number: 4
City Council / Board of Directors
Written Communications
Meeting of: September 20, 2022
Submitted By:
Sophie Smith, Deputy City Manager
Josie Trevino, Human Resources Officer
Subject:
Adoption of Resolution No. 22-096 Regarding Overtime Pay for Battalion Chiefs Recommendation:
That the Honorable City Council adopt Resolution No. 22-096, providing overtime pay for Battalion Chiefs.
Fiscal Impact:
No additional appropriation is requested. Due to salary savings created by vacancies, the approved Fiscal Year 2022-2023 Budget is projected to be sufficient to absorb any additional costs associated with this item.
Background:
On January 16, 2018, the Victorville City Council took action to re-establish a City operated Fire Department and directed staff to begin formation. It also authorized certain personnel positions for the department. On December 18, 2018, the City Council adopted Resolution 18-097 which initially established the rates of compensation and fringe benefits for the members of the Fire Department. On March 30, 2019, the City officially transitioned its fire service from the San Bernardino County Fire Protection District to its own City Fire Department.
Among the positions previously approved is the Battalion Chief position. Currently, the Department has three (3) Battalion Chiefs and one (1) Battalion Chief/Deputy Fire Marshal. The three Battalion Chiefs work a 48/96 shift consisting of two consecutive 24- hour periods on-duty followed by 96 hours off-duty. The Battalion Chief/Deputy Fire Marshal follows a 9/80 schedule.
When the Department was re-established, the Battalion Chief position was determined to fall into the “exempt from overtime” provisions under the Fair Labor Standards Act (FLSA). 2 7
9 9
Discussion:
Despite being overtime exempt, Battalion Chiefs currently receive straight time pay for additional shifts worked beyond their normal 48/96 work schedule. Additionally, they also qualify for Executive Leave in lieu of overtime, such as other City “exempt” employees.
Because questions had been raised as to the appropriateness of the “exempt from overtime” classification for the Battalion Chief positions, a legal analysis was recently conducted by the City’s Fire Labor Legal Counsel to examine this issue. The legal analysis concluded that the Battalion Chief and Battalion Chief/Deputy Fire Marshal positions are, in fact, properly categorized as “exempt from overtime” provisions of the FLSA.
However, in examining this issue, staff researched other fire departments to understand how the industry handles the Battalion Chief and like-positions with regard to payment of overtime. It appears the payment of overtime wages for Battalion Chief positions is common, although not necessarily required by the FLSA.
In order to remain competitive with other fire departments, and to continue to attract and retain qualified employees, staff recommends that both the straight pay time and Executive Leave for Battalion Chiefs be replaced with overtime pay for extra hours actually worked per pay period, based on the standard 112 hour pay period for the Battalion Chief classification.
Due to the 9/80 schedule, the Battalion Chief-Deputy Fire Marshal will remain ineligible for overtime pay, while remaining eligible for Executive Leave.
The attached Resolution No. 22-096 outlines the specific changes that will pertain to the Battalion Chiefs. The allowance of overtime pay for the Battalion Chief position is a voluntary action of the City, which goes above and beyond what is required by the FLSA and is recommended by staff in order to remain competitive in the industry. If approved, this change will be incorporated into the currently approved FY 22-23 Table of Compensation and Benefits Resolution.
Staff remains available for any comments or questions regarding this item.
Attachments: A. Resolution No. 22-096
ATTACHMENT A
Resolution No. 22-096
RESOLUTION NO. 22-096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE REGARDING
OVERTIME PAY FOR BATTALION CHIEFS
WHEREAS, the City of Victorville Fire Department (“Fire Department”) has in its employ Battalion Chiefs and a Battalion Chief/Deputy Fire Marshal; and WHEREAS, it is the City of Victorville’s (“City”) desire to provide overtime pay to its Battalion Chiefs in lieu of currently provided Executive Leave, notwithstanding its determination that such employees are appropriately classified as exempt under the Fair Labor Standards Act (FLSA); and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
The following are the conditions for overtime pay of Battalion Chiefs:
SECTION 1. Any overtime pay provided to the Battalion Chiefs is a benefit provided pursuant to this resolution and is not required under the FLSA; and thus, the City will compensate Battalion Chiefs’ overtime at a rate which will be one and one-half times the Battalion Chief’s base hourly rate.
SECTION 2. Regular hours worked each pay period will continue to be paid at a standard 112 hours and not based on the actual shift hours worked.
SECTION 3. Extra hours actually worked in a pay period will be computed as overtime based on the standard 112 hours that are paid in each pay period for the Battalion Chief classification. An example is provided in Exhibit A to this resolution for further illustration.
SECTION 4. All overtime work is subject to pre-approval by the Fire Chief; and the Fire Chief may authorize overtime for shift work or emergency incidents beyond the Battalion Chiefs’ regularly scheduled assignments.
SECTION 5. Time spent in meetings and trainings outside the Battalion Chiefs’ regularly scheduled assignments , as pre- approved by the Fire Chief, will be compensated at the overtime rate.
SECTION 6. The Battalion Chiefs will no longer qualify for Executive Leave under the Rule IV, Section 5 of the City’s Personnel Rules and Regulations.
SECTION 7. The Battalion Chief/Deputy Fire Marshal Classification will not receive overtime pay and will continue to be eligible for Executive Leave under Rule IV, Section 5 of the City’s Personnel Rules and Regulations.
SECTION 8. The changes will become effective beginning with the first full pay period after City Council approval of this resolution.
SECTION 9. In the event these changes conflict with Resolution No. 22- 068 revising the Table of Organization and Compensation Schedule for FY 22- 23, this Resolution No 22-096 shall supersede.
Exhibit A to Resolution No. 22-096
Example of Battalion Chiefs’ Overtime Calculation
EXHIBIT A TO RESOLUTION NO. 22-096
EXAMPLE OF BATTALION CHIEFS’ OVERTIME CALCULATION
Background:
The Battalion Chiefs’ work a 48/96 schedule, which results is actual shift hours worked of 96 hours, 104 hours, and 136 hours in different pay periods. An average of these hours is 112 hours per pay period. To offset this fluctuation in pay periods, it was previously determined the Battalion Chiefs would be paid 112 hours each pay period, rather than have the fluctuati ng hours per pay period.
Overtime Calculation:
Regular hours worked each pay period will be calculated and paid at a standard 112 hours and not based on the actual shift hours worked. Extra hours worked in a pay period will be computed as overtime based on the standard 112 hours that are paid in each pay period.
As an example, a Battalion Chief who works a 24 hour backfill shift will be paid for 136 hours of which 24 of those hours will be paid at one and one-half times their regular rate of pay. If the Battalion Chief takes 24 hours of paid leave off in that same pay period, all 136 hours, including the 24 hours of the backfill shift will be paid at their regular rate due to not meeting the minimum qualification of 112 hours worked.
Item Number: 5
City Council / Board of Directors
Written Communications
Meeting of: October 4, 2022
Submitted By:
Keith C. Metzler, City Manager
Sophie Smith, Deputy City Manager
Subject:
Side Letter of Agreement between the City of Victorville and the Victorville Professional Firefighters
Recommendation:
(1) That the Honorable City Council adopt Resolution No. 22-105 Approving a Side Letter of Agreement between the City of Victorville and the Victorville Professional Firefighters and authorize the City Manager to execute said Side Letter; and (2) That the Honorable City Council approve a change to the FY 22-23 Table of Organization.
Fiscal Impact:
The fiscal impact associated with the Side Letter of Agreement is approximately $20,000 for FY 22-23. No additional appropriation is necessary as there are sufficient funds within the existing Fire department budget to absorb the related specialty pay and training costs.
In addition, there will be a budget savings from the downgrade of the Fire Inspector II position to a Fire Inspector I position which will help to offset the costs associated with the Arson Shift Investigator pay.
Background:
On January 16, 2018, the Victorville City Council took action to re-establish a City operated Fire Department and directed staff to begin formation. On March 30, 2019, the City officially transitioned its fire service from the San Bernardino County Fire Protection District to its own City Fire Department. On November 5, 2019, the City Council adopted Ordinance No. 2296, which established the parameters for Employer-Employee Relations and established related policies and procedures. Ordinance No. 2296 was subsequently codified as Victorville Municipal Code, Chapter 2.40.
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On April 14, 2020, the Victorville Professional Firefighters (“VPF”) submitted a petition for recognition in accordance with Victorville Municipal Code Section 2.40.050. On April 17, 2020, and in accordance with VMC 2.40.060 and 2.40.070, the City gave written notice of its receipt of the request for recognition, thereby starting the 30-day challenge period required in code. Subsequently, on May 18, 2020, the City formally recognized the VPF as the exclusive employee organization for Fire Captains, Fire Engineers, and Firefighter/Paramedics of the department.
Once the union was formally recognized, the City commenced negotiations with the VPF with the intent to enter into its first Memorandum of Understanding (MOU). The City’s negotiating team met and conferred with the VPF representatives on numerous occasions beginning in September 2020, throughout 2021 and into 2022 to discuss terms and conditions of employment and the structure of the MOU. At the May 17, 2022, Regular City Council meeting, the Memorandum of Understanding between the City of Victorville and the Victorville Professional Firefighters was approved effective May 17, 2022, through May 16, 2027.
Discussion:
The Battalion Chief/Deputy Fire Marshal serves as the Fire department’s lead Fire/Arson investigator. However, it has become necessary to have Fire shift personnel assist the fire/arson investigation efforts with initial fire origin and cause determinations, as well as numerous specific duties related to the fire scene, evidence, interviews, etc. The development of an Arson Shift Investigator program requires a team that possesses specialized training relative to Fire Investigation. The need for such team was not fully vetted at the time the MOU was drafted and approved in May 2022. As such, a Side Letter of Agreement has recently been developed to capture the specialty pay associated with the program.
A Side Letter of Agreement in its most basic form, is a commonly used written agreement that modifies the Memorandum of Understanding. The Side Letter of Agreement presented for approval by the City Council shall modify the existing Memorandum of Understanding with two (2) new Articles. The requested amendments are reflected below. •A new Article 15.12 shall be created which shall provide as follows:
15.12 Arson Investigator Pay
Personnel possessing the current state required course certifications, Fire Investigator 1A, 1B, and 1C, will receive Arson Investigator Pay of $100 per month for maintaining that specialty.
•A new Article 15.13 shall be created, which shall provide as follows:
15.13 Arson Shift Investigator Team Member
Personnel who possess the current state required course certificates, Fire Investigator 1A, 1B, and 1C, and who are assigned as an arson shift investigator, will be entitled to an additional $375 per month while maintaining placement on the Team and specialty. There shall be three (3) 2 7
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arson shift investigator team members. Additional training required by the department for the Arson Shift Investigator team membership, or refresher courses outside of the initial requirements for appointment, will be covered by the City. For any sponsored training, the member will be placed on training status with pay and backfill provided.
The modifications set forth in the Side Letter of Agreement shall become effective with the start of the first pay period beginning after approval by the City Council.
Finally, along with the approval of the Side Letter of Agreement, staff is requesting Council’s approval of a change to the Table of Organization. Such change will downgrade the Fire Inspector II position that was approved for FY 22-23, to a Fire Inspector I position as the shift investigator program will replace the need for the higher-level position. The budget savings from the downgraded position will help to offset the costs associated with the Arson Shift Investigator related pay.
Because the new program and related modifications to the MOU set forth in the Side Letter enhance the City’s arson investigation abilities, staff recommends approval and remains available for any comments or questions.
Attachments: A. Resolution No. 22-105
ATTACH
MENT A
Resolution No. 22-105
RESOLUTION NO. 22-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE
APPROVING A SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF
VICTORVILLE AND THE VICTORVILLE PROFESSIONAL FIREFIGHTERS
WHEREAS, on January 16, 2018, the Victorville City Council voted to approve resumption of a city run fire department and directed staff to begin formation; and WHEREAS, on March 30, 2019, the City officially transitioned its fire service from the San Bernardino County Fire Protection District to its own Fire Department; and WHEREAS, on April 14, 2020, the Victorville Professional Firefighters (“VPF”) submitted a petition for recognition in accordance with Victorville Municipal Code Section
2.40.050; and
WHEREAS, on May 18, 2020, the City formally recognized the VPF and the City commenced negotiations with VPF with the hopes of entering into a Memorandum of Understanding (“MOU”); and
WHEREAS, California Government Code Section 3500, et seq., (the Meyers - Milias-Brown Act) requires that public employers meet and confer regarding wages, hours, and other terms and conditions of employment; and WHEREAS, the City negotiating team met and conferred with the VPF representatives on numerous occasions to discuss terms and conditions of employment and the structure of a MOU; and
WHEREAS, the City and the VPF agreed to the terms which are included in the MOU attached hereto as “Exhibit B”; and
WHEREAS, the Victorville City Council approved the MOU at its May 17, 2022 regular city council meeting, which MOU is effective May 17, 2022 through May 16, 2027; and
WHEREAS, in order to expand the City’s arson investigator program, the City and the VPF have subsequently agreed to additional terms which are included in the Side Letter of Agreement between the City of Victorville and the Victorville Professional Firefighters attached hereto as “Exhibit A”.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBBY RESOLVE AS FOLLOWS:
SECT ION 1. Exhibit A is approved and adopted by the City Council of the City of Victorville.
SECTION 2. The City Clerk of the City of Victorville shall certify to the passage and adoption of this Resolution and its approval by the City Council and shall cause the same to be listed in the records of the City.
Exhibit A to Resolution No. 22-105
Side Letter of Agreement Between the City of Victorville and the Victorville Professional Firefighters
Side Letter of Agreement 9/8/2022
SIDE LETTER OF AGREEMENT BETWEEN
THE CITY OF VICTORVILLE AND THE VICTORVILLE PROFESSIONAL
FIREFIGHTERS
This Side Letter of Agreement is entered into between the City of Victorville and the Victorville Professional Firefighters and shall modify the parties’ Memorandum of Understanding dated May 17, 2022, through May 16, 2027, as set forth below.
The following modifications shall be made:
1. A new Article 15.12 shall be created which shall provide as follows:
15.12 Arson Investigator Pay
Personnel possessing the current state required course certificates , Fire Investigator 1A, 1B, and 1C, will receive Arson Investigator Pay of $100 per month for maintaining that specialty.
2. A new Article 15.13 shall be created, which shall provide as follows:
15.13 Arson Shift Investigator Team Member
Personnel who possess the current state required course certificates, Fire Investigator 1A, 1B, and 1C, and who are assigned as an arson shift investigator, will be entitled to an additional $375 per month while maintaining placement on the Team and specialty. There shall be three (3) arson shift investigator team members. Additional training required by the department for the Arson Shift Investigator team membership, or refresher courses outside of the initial requirements for appointment, will be covered by the City. For a ny sponsored training, the member will be placed on training status with pay and backfill provided .
The modifications set forth in this Side Letter of Agreement shall become effective with the start of the first pay period beginning after approval of this Side Letter of Agreement by the City Council.
The Arson Shift Investigator Team Member pay shall be effective upon appointment to the team.
No other modifications or changes, other than those outlined above, are made to the existing memorandum of understanding between the parties.
This Side Letter of Agreement is agreed upon and enacted on the ____ day of ________, 2022.
City of Victorville Victorville Professional Firefighters
_______________________________ ______________________________ City Manager Association President
Side Letter of Agreement 9/8/2022 APPROVED AS TO STANDARD FORM:
______________________________
City Attorney
Exhibit B to Resolution No. 22-105
Memorandum of Understanding Between the City of
Victorville and the Victorville Professional Firefighters
Item Number: 6
City Council / Board of Directors
Written Communications
Meeting of: October 4, 2022
Submitted By:
Jennifer Thompson, City Clerk
Subject:
2022 Conflict of Interest Code
Recommendation:
That the City Council, sitting as the code reviewing body for the City of Victorville, the Southern California Logistics Airport Authority, the Southern California Logistics Rail Authority, the Victorville Library Board of Trustees, the Victorville Water District, the Successor Agency to the Victorville Redevelopment Agency, and the Victorville Joint Powers Financing Authority, adopt Resolution No. 22-100 amending the City's Conflict of Interest Code to update position classification titles, disclosure categories, and filing requirements for all agencies.
Fiscal Impact:
No fiscal impact is associated with this item.
Discussion:
Pursuant to Government Code Section 87000 et seq., the Political Reform Act requires every local government agency review its Conflict of Interest Code biennially to determine if amendments or modifications are needed. The City’s last such review occurred in December 2020.
Appendix 2 to the Conflict of Interest Code designates those employees, officers, and consultants who make or participate in the making of decisions for the City and/or its affiliated agencies which might affect their financial interests and specifies the categories of financial interests (as defined in Appendix 2a) each must include in their financial disclosure statements (Form 700s). These employees, officers, and consultants must also disqualify themselves from making or participating in the making of governmental decisions affecting those interests as set forth in Appendix 1. 2 7
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Staff has reviewed the Conflict of Interest Codes for the City of Victorville, the Southern California Logistics Airport Authority, the Southern California Logistics Rail Authority, the Victorville Library Board of Trustees, the Successor Agency to the Victorville Redevelopment Agency, the Victorville Joint Powers Financing Authority, and the Victorville Water District and is recommending that Appendix 2 of the Code be amended to reflect any new or changed position classification titles since the last review, and to update the respective filing categories. The most recent version of Fair Political Practices Commission Regulation 18730 is also being incorporated as Appendix 1. Other than certain minor revisions necessary to harmonize the updated appendices with Exhibit A, no other changes to the Conflict of Interest Code are recommended at this time.
Attachments: A. Resolution No. 22-100
B. Appendix 2 Designated Positions Redline
ATTACHMENT A
1 RESOLUTION NO. 22-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE AMENDING AND ADOPTING AN UPDATED
CONFLICT OF INTEREST CODE FOR THE CITY OF VICTORVILLE
AND THE AFFILIATED ENTITIES FOR WHICH IT ACTS AS THE
CODE REVIEWING BODY, AND SUPERSEDING RESOLUTION
NO. 20-113
WHEREAS, the Political Reform Act of 1974, Gov. Code section 81000 et seq. (the "Act") requires every local government agency, to adopt and promulgate a conflict of interest code; and
WHEREAS, pursuant to Section 87302 of the Act, such conflict of interest code shall provide for specific enumeration of the positions within the agency, other than those specified in Act Section 87200, which involve the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest and for each such enumerated position, the specific types of investments, business positions, interests in real property, and sources of income which are reportable; and
WHEREAS, the Fair Political Practices Commission (the "FPPC") has adopted a regulation at Title 2, section 18730 of the California Code of Regulations, which sets forth the terms of a standard model conflict of interest code (the "Model Code") which may be incorporated by reference in an agency's code and may be amended by the FPPC after public notice and hearing to conform to amendments in the Act; and;
WHEREAS, the City of Victorville's conflict of interest code (the "City Conflict of Interest Code") was initially adopted on November 15 , 1976, in compliance with Section 87300 of the Act by adopting the Model Code by reference, and said City Conflict of Interest C ode has subsequently undergone periodic review and revision in accordance with the Act, having last been updated on December 15, 20 20 by Resolution No. 20-113; and
WHEREAS, the five members of the Victorville City Council (the "City Council") serve ex offcio as the members of the boards of the following legislative bodies: the Southern California Logistics Airport Authority, the Southern California Logistics Rail Authority, the Victorville Water District; the Victorville Joint Powers Financing Authority , the Victorville Library Board of Trustees ; and the Successor Agency to the Victorville Redevelopment Agency (the "Successor Agency"), collectively hereinafter the "Affiliated Entities "; and
2 WHEREAS, each of the Affiliated Entities by resolution (including the Successor Agency as of December 15, 2020, as set forth in the recitals of Resolution No. 20-113 and the Library Board of Trustees by Ordinance No. 2173, have previously adopted the City Conflict of Interest Code to serve as its own; and
WHEREAS, the Act requires every local government agency to review its conflict of interest code biennially to determine if it is accurate or whether such code must be amended; and
WHEREAS, pursuant to Sections 87306 and 87307 of the Act, changed circumstances have made it advisable and necessary to amend and update the previously-adopted City Conflict of Interest Code to clarify filing obligations, positions, and disclosure categories to facilitate compliance with applica ble laws; and
WHEREAS, the proposed amended City Conflict of Interest Code was presented for adoption at a regular meeting of the City Council held on September 20, 2022, at which all present had an opportunity to be heard on said proposed amended code; and
WHEREAS, the Act requires that the City Council, as the Code Reviewing Body for the City and the Affiliated Entitles, approve and adopt the amended City Conflict of Interest Code as the Conflict of Interest Code for the City and the aforesaid entities.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Incorporation of Recitals and Definitions. The recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.
Section 2. Adoption of Amended Conflict of Interest Code. The City Council does hereby approve and adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto as Exhibit A and includes Appendix 1, Appendix 2 and Appendix 2a, as the Conflict of Interest Code for the City and the Affiliated Entities.
Section 3. Resolutions Superseded. To the extent set forth herein and in the attachments hereto, Resolution No. 20-113 and any other resolutions in conflict herewith are hereby superseded.
Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution.
3 Section 5. Effective Date. This Resolution and the amended Conflict of Interest Code attached hereto as Exhibit A (together with Appendix 1, Appendix 2 and Appendix 2a) shall take effect immediately upon adoption.
Exhibit A
CONFLICT OF INTEREST CODE FOR THE
CITY OF VICTORVILLE AND ITS AFFILIATED ENTITIES
______________________________________________________________________ The Political Reform Act, Government Code Section 81000, et seq. (the “Act”), requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission (“FPPC”) has adopted a regulation, 2 Cal. Code Regs. section 18730 (“Regulation 18730”), which contains the terms of a model standard conflict of interest code. It can be incorporated by reference and may be amended by the FPPC after public notice and hearings to conform to amendments in the Act. Therefore, the terms of Regulation 18730, and any amendments to it duly adopted by the FPPC are hereby incorporated by reference.
This incorporation page, together with the attached Appendix 1 (Regulation 18730); Appendix 2 (Designated Positions), and Appendix 2a (Disclosure Categories), constitute the Conflict of Interest Code (“Code”) of the City of Victorville and the Southern California Logistics Airport Authority (“Airport Authority”); the Successor Agency to the Victorville Redevelopment Agency (the “Successor Agency’), the Victorville Water District (the “Water District”), and the Victorville Joint Powers Financing Authority (the “Financing Authority”), collectively hereinafter in this Code, the “Affiliated Entities”.
This Code does not establish any disclosure obligation for Members of the City Council and the Planning Commission, the City Treasurer, the City Manager, and City Attorney, as Government Code Section 87200 et seq., requires disclosure for those positions as a matter of state law.
All officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Upon receipt of the statements of the members of the Victorville City Council, the members of the Victorville Planning Commission, the City Treasurer, the City Attorney, the City Manager and any statements for other officials who manage public investments as so designated in this Code, the City Clerk shall make and retain a copy and forward the original of these statements to th e FPPC. All other statements will be retained by the City Clerk’s office.
1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
CONFLICT OF INTEREST CODE - APPENDIX 1
REGULATION 18730
2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's 3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April
1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following:
1. A statement of the nature of the investment or interest; 6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:
1. The name, address, and a general description of the business activity of the business entity;
7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. 8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from 9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
12 (9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. 13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).
4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).
8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).
16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).
17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, 18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of History 24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).
27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).
31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).
32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).
33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.
Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).
34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, 20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).
35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).
36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).
37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
1 CONFLICT OF INTEREST CODE - APPENDIX 2
DESIGNATED POSITIONS
DESIGNATED POSITION DISCLOSURE
CATEGORY (IES)
Government Code Section 87200 Filers 1
Members of the City Council Gov. Code §87200
Members of the Planning Commission Gov. Code §87200
City Manager Gov. Code §87200
City Treasurer Gov. Code §87200
City Attorney Gov. Code §87200
Other Officials Who Manage Public Investments2
Victorville Joint Powers Financing Authority (JPFA) Board Members Gov. Code §87200 JPFA Executive Director/City Manager Gov. Code §87200
Southern California Logistics Rail Authority (SCLRA) Board Members Gov. Code §87200
Southern California Logistics Airport Authority (SCLAA) Board Members Gov. Code §87200 SCLAA Executive Director Gov. Code §87200
SCLAA Assistant Executive Director Gov. Code §87200
Successor Agency to the Victorville Redevelopment Agency (SA) Board Members
Gov. Code §87200
SA Executive Director Gov. Code §87200
SA Assistant Executive Director Gov. Code §87200
Victorville Water District (VWD) Board Members Gov. Code §87200 General Manager Gov. Code §87200
Boards/Commissions/Committees
Members of the Victorville Library Board of Trustees 2, 4, 6
Airport
Airport Director All
Airport Operations & Facility Manager All
Airport Operations Supervisor All
Airport Specialist 1, 2, 3, 4
Electrician 4
Airport Business Analyst 1, 2, 3, 4, 5
Airport Leasing Coordinator 1, 2, 3, 4, 5
Airport Operations Officer 1, 2, 3, 4, 5
1 Members of these bodies and designated positions are not covered by this Code because they must file disclosure statements under Government Code Section 87200. They are listed here for informational purposes only.
2 It has been determined that the board members and certain officers of the Affiliated Entities are other officials who manage public investments (as defined in 2 Cal. Code Regs. §18007.3(b)) and also must file disclosure statements under Government Code Section 87200. Individuals holding any of these positions may contact the FPPC for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The FPPC makes the final determination whether a position is covered by Section 87200. 2 DESIGNATED POSITION DISCLOSURE
CATEGORY (IES)
Senior Airport Maintenance Lead Worker 4
Senior Airport Maintenance Worker 4
City Manager Department
Deputy City Manager All
City Clerk All
Public Information Officer All
Executive Assistant to the City Manager All
Assistant to the City Manager All
Executive Assistant to the Deputy City Manager All
Deputy City Clerk 4
PIO Management Specialist 4
Risk Manager All
Administrative Analyst All
Community Services
Director of Community Services All
Recreation Manager All
Facilities Manager All
Library Manager All
Maintenance Supervisor 1, 2, 4, 5, 6
Parks Supervisor 1, 4, 6
Children’s Librarian 1, 2, 4, 5, 6
Recreation Supervisor 1, 2, 4, 5, 6
Senior Maintenance Lead Worker 1, 4, 6
Community Relations Specialist 4, 6
Library Coordinator 1, 2, 4, 5, 6
Community Services Coordinator 4, 6
Customer Service Representative 5
Planning
City Planner All
Assistant City Planner All
Senior Planner All
Associate Planner All
Assistant Planner 2, 3, 5, 6
Permit Technician All
Development Specialist 4, 6
Development Technician 4, 6
Homelessness Solutions Manager All
Homelessness Solutions Coordinator 4, 6
Management Technician 4, 6
Planning Technician 4, 6
Code Compliance Department
Code Enforcement Official All
Enforcement Manager All
Animal Control Supervisor 1, 4, 5, 6, 7
3 DESIGNATED POSITION DISCLOSURE
CATEGORY (IES)
Code Enforcement Supervisor All
Code Enforcement Officer II All
Code Enforcement Officer I All
Code Enforcement Technician 2, 4, 5
Animal Control Lead Officer 4, 5
Animal Control Officer 5
Animal Control Technician 2, 4, 5
Management Specialist 2, 4, 5
Building
Building Official All
Building Manager All
Senior Plan Checker All
Senior Building Inspector 1, 2, 4, 5, 6
Building Inspector 1, 2, 4, 5, 6
Plan Checker 1, 2, 4, 5, 6
Administrative Analyst 1, 5
Permit Technician All
Economic Development
Economic Development Manager All
Management Specialist 1, 2, 3, 4
Marketing Technician 1, 2, 3, 4
Engineering
City Engineer All
Assistant City Engineer All
Senior Civil Engineer 4, 5, 7
Associate Civil Engineer 4, 5
Assistant Engineer II 4, 5
City Surveyor 4
Administrative Analyst 4, 7
Traffic Maintenance Supervisor 4
Public Works Inspector 4
Engineering Lead Worker 4
Finance
Finance Director/Treasurer Gov. Code §87200
Assistant Director of Finance All
Finance Manager All
Finance Analyst All
Finance Supervisor All
Accountant All
Buyer 4
Billing Technician 4
Finance Specialist 4
Contract Specialist 4
Payroll Supervisor All
Finance Technician 4
Customer Service Lead Representative 5
4 DESIGNATED POSITION DISCLOSURE
CATEGORY (IES)
Customer Service Representative 5
Fire
Fire Chief All
Division Chief All
Battalion Chief All
Battalion Chief / Deputy Fire Marshal All
Emergency Medical Services Manager 4
Fire Captain 2, 4, 5
Assistant Director of Fire All
Emergency Management Coordinator 4, 6
Plan Checker 1, 2, 4, 5, 6
Permit Technician All
Fire Inspector I 1, 2, 4, 5, 6
Human Resources
Human Resources Officer All
Assistant Director of Human Resources All
Human Resources Analyst 4, 7
Information Technology
Technology Officer All
Technology Manager All
Technology Coordinator 4
GIS Manager All
GIS Coordinator 4
Public Works & Water
Public Works & Water Director All
Assistant Director of Public Works and Water All
Public Works Manager 1, 4, 6, 7
Water Manager 1, 4, 6, 7
Senior Administrative Analyst 1, 4, 6, 7
Fleet Supervisor 1, 4, 6
Public Works Supervisor 1, 4, 6
Water Supply Supervisor 1, 4, 6
Water Distribution Supervisor 1, 4, 6
Water Resources Supervisor (Updated) 1, 4, 6
SCADA Coordinator 1, 4, 6
Environmental Programs Manager 1, 4, 6
Environmental Programs Coordinator 1, 4, 6
Senior Water Distribution Lead Worker 1, 4, 6
Senior Water Supply Lead Operator 1, 4, 6
Lead Electrician 1, 4, 6
Water Sampling and Compliance Coordinator 1, 4, 6
Warehouse Technician 1, 4, 6
Senior Maintenance Lead Worker 1, 4, 6
Environmental Programs Specialist 1, 4, 6
Administrative Analyst 1, 4, 6, 7
CONFLICT OF INTEREST CODE - APPENDIX 2a
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the Designated Position must disclose for each disclosure category to which he or she is assigned. "Investment" means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in, doing business in, planning to do business in, or have done business during the previous two years in the Jurisdiction. For purposes of disclosure for Designated P ositions cove red by this Code, “Jurisdiction” means the City of Victorville (“City”) and includes all areas which are part of the Victorville Water District (VWD)1 or any of the other Affiliated Entities.
Category 1: All investments and business positions in business entities, and income (including gifts, loans, and travel payments) from any source in, or doing business in the Jurisdiction.
Category 2: All interests in real property located in whole or in part within, or not more than two (2) miles outside, the boundaries of the Jurisdiction or within two (2) miles of any land owned or used by the City and/or any of its Affiliated Entities.
Category 3: All investments and business positions in business entities, and income (including gifts, loans, and travel payments) from any source engaged in the appraisal, acquisition, disposal, development of land, or rehabilitation of construction of improvements on real property within the Jurisdiction, including architects, contractors, or subcontractors.
Category 4: All investments and business positions in business entities, and income (including gifts, loans and travel payments) if the source is of a type that provides, manufactures, or supplies goods, commodities, materials, equipment, vehicles, machinery, or services (including training or consulting services) of the type purchased, leased or procured by:
A. The Designated Position's department, unit, or division; or B. The City and its Affiliated Entities, if the Designated Position has purchasing, procurement or leasing authority outside of his/her own department, unit, or division.
Category 5: All investments, business positions in business entities, and income (including gifts, loans and travel payments) if th e source is of a type subject to the regulatory, permit, or licensing authority of:
A. The Designated Position’s department, unit, or division; or B. The City and its Affiliated Entities if the Designated Position has regulatory, licensing, or permitting authority outside of his/her own department, unit, or division.
Category 6: All investments, business positions in business entities, and income (including gifts, loans and travel payments ), or income from a nonprofit organization, if the source of is of the type to receive grants or other monies from or through the City or any of its Affiliated Entities.
Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, if such entities or sources have filed claims against the City or any of its Affiliated Entities in the past two years, or curr ently have a claim pending before the City or any of its Affiliated Entities.
1 The VWD is a subsidiary district of the City. Although the territorial boundaries of the City and the VWD are nearly coterminous, the VWD includes some additional territory located outside the City. When a Designated Position is required by this Code to disclose investments within the Jurisdiction, any additional area encompassed by the VWD shall be included.
ATTACHMENT B
Appendix 2
Designated Positions
Redline
1 CONFLICT OF INTEREST CODE - APPENDIX 2
DESIGNATED POSITIONS
DESIGNATED POSITION DISCLOSURE
CATEGORY (IES)
Government Code Section 87200 Filers 1
Members of the City Council Gov. Code §87200
Members of the Planning Commission Gov. Code §87200
City Manager Gov. Code §87200
City Treasurer Gov. Code §87200
City Attorney Gov. Code §87200
Other Officials Who Manage Public Investments2
Victorville Joint Powers Financing Authority (JPFA) Board Members Gov. Code §87200 JPFA Executive Director/City Manager Gov. Code §87200
Southern California Logistics Rail Authority (SCLRA) Board Members Gov. Code §87200
Southern California Logistics Airport Authority (SCLAA) Board Members Gov. Code §87200 SCLAA Executive Director/City Manager Gov. Code §87200
SCLAA Assistant Executive Director/Deputy City Manager Gov. Code §87200
Successor Agency to the Victorville Redevelopment Agency (SA) Board Members
Gov. Code §87200
SA Executive Director/City Manager Gov. Code §87200
SA Assistant Executive Director/Deputy City Manager Gov. Code §87200
Victorville Water District (VWD) Board Members Gov. Code §87200 General Manager/City Manager Gov. Code §87200
Boards/Commissions/Committees
Members of the Victorville Library Board of Trustees 2, 4, 6
Airport
Airport Director All
Airport Operations & Facility Manager All
Airport Operations Supervisor (Added) All
Airport Specialist 1, 2, 3, 4
Electrician 4
Marketing Technician (Deleted) 1, 2, 3, 4
Airport Business Analyst (Added) 1, 2, 3, 4, 5
Airport Leasing Coordinator (Added) 1, 2, 3, 4, 5
1 Members of these bodies and designated positions are not covered by this Code because they must file disclosure statements under Government Code Section 87200. They are listed here for informational purposes only.
2 It has been determined that the board members and certain officers of the Affiliated Entities are other officials who manage public investments (as defined in 2 Cal. Code Regs. §18007.3(b)) and also must file disclosure statements under Government Code Section 87200. Individuals holding any of these positions may contact the FPPC for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The FPPC makes the final determination whether a position is covered by Section 87200. 2 DESIGNATED POSITION DISCLOSURE
CATEGORY (IES)
Airport Operations Officer 1, 2, 3, 4, 5
Senior Airport Maintenance Lead Worker 4
Senior Airport Maintenance Worker (Added) 4
City Manager Department
Deputy City Manager/SCLAA and SA Assistant Executive Director All Deputy City Manager All
City Clerk All
Public Information Officer 1, 4All
Executive Assistant to the City Manager All
Assistant to the City Manager (Added) All
Executive Assistant to the Deputy City Manager (Added) All Assistant City Clerk (Deleted) 4, 7
Deputy City Clerk 4
PIO Management TechnicianSpecialist (Added) 4
Management Technician (Deleted) 4
Risk Manager (Added) All
Administrative Analyst (Added) All
Recreation & Library Department Community Services
Director of Community Services (Added) All
Recreation & Library Manager (Updated) 4, 5, 6All
Facilities Manager (Added) All
City LibrarianLibrary Manager (Updated) 4, 6All
Maintenance Supervisor (Added) 1, 2, 4, 5, 6
Parks Supervisor (Added) 1, 4, 6
Children’s Librarian (Added) 1, 2, 4, 5, 6
Recreation Supervisor 1, 2, 4, 5, 6
Senior Maintenance Lead Worker (Added) 1, 4, 6
Community Relations Specialist 4, 6
Library Coordinator 1, 2, 4, 5, 6
Community Services Coordinator (Added) 4, 6
Customer Service Representative 5
Planning
City Planner All
Assistant City Planner (Added) All
Senior Planner All
Associate Planner All
Assistant Planner 2, 3, 5, 6
Permit Technician All
Development Specialist 4, 6
Development Technician 4, 6
Homelessness Solutions Manager (Added) All
Homelessness Solutions Coordinator (Added) 4, 6
Management Technician (Added) 4, 6
Planning Technician (Added) 4, 6
Code Compliance Department
3 DESIGNATED POSITION DISCLOSURE
CATEGORY (IES)
Code Enforcement Official All
Animal Control Enforcement Manager (Updated) All
Animal Control Supervisor 1, 4, 5, 6, 7
Admin Analyst (Deleted) 1, 5
Code Enforcement Supervisor (Added) All
Code Enforcement Officer II All
Code Enforcement Officer I All
Code Enforcement Technician (Added) 2, 4, 5
Animal Control Lead Officer 4, 5
Animal Control Officer 5
Animal Control Technician (Added) 2, 4, 5
Management Specialist (Added) 2, 4, 5
Building
Building/Fire Official (Updated) All
Building Manager All
Senior Plan Checker All
Maintenance Supervisor All
Senior Building Inspector (Added) 1, 2, 4, 5, 6
Building Inspector 1, 2, 4, 5, 6
Maintenance Lead Worker (Deleted) 4
Senior Maintenance Worker (Deleted) 4
Plan Checker (Added) 1, 2, 4, 5, 6
Administrative Analyst (Added) 1, 5
Permit Technician (Added) All
Economic Development
Economic Development Manager 1, 2, 3, 4All
Management Specialist 1, 2, 3, 4
Marketing Technician 1, 2, 3, 4
Engineering
City Engineer All
Assistant City Engineer (Added) All
Senior Civil Engineer 4, 5, 7
Associate Civil Engineer 4, 5
Assistant Engineer II (Added) 4, 5
City Surveyor 4
Traffic Engineer Specialist (Deleted) 4
Administrative Analyst 64, 7
Traffic Maintenance Supervisor 4
Public Works Inspector 4
Engineering Lead Worker 4
Finance
Finance Director/Treasurer Gov. Code §87200
Budget Officer (Deleted) All
Assistant Director of Finance (Added) All
Finance Manager All
4 DESIGNATED POSITION DISCLOSURE
CATEGORY (IES)
Finance Analyst All
Finance Supervisor 4, 5All
Accountant All
Buyer 4
Billing Technician 4
Finance Specialist (Added) 4
Contract Specialist (Added) 4
Payroll Supervisor (Added) All
Finance Technician (Added) 4
Customer Service Lead Representative 5
Customer Service Representative 5
Fire
Fire Chief All
Division Chief All
Battalion Chief All
Battalion Chief / Deputy Fire Marshal (Added) All
Emergency Medical Services CoordinatorManager (Updated) 4 Fire Captain 2, 4, 5
Assistant Director of Fire (Added) All
Emergency Management Coordinator (Updated) 4, 6
Plan Checker (Added) 1, 2, 4, 5, 6
Permit Technician (Added) All
Fire Inspector I (Added) 1, 2, 4, 5, 6
Human Resources
Human Resources Officer (Updated) All
Assistant Director of Human Resources (Added) All
Human Resources Analyst (Updated) 4, 7
Information Technology
Technology Officer All
Technology Manager 4All
Technology Coordinator 4
GIS Manager (Added) All
GIS Coordinator 4
Public Works & Water
Public Works & Water Director All
Assistant Director of Public Works and Water (Added) All Public Works Manager 1, 4, 6, 7
Water Manager 1, 4, 6, 7
Senior Administrative Analyst 1, 4, 6, 7
Fleet Supervisor 1,4, 6
Public Works Supervisor 1, 4, 6
Water Supply Supervisor 1, 4, 6
Water Distribution Supervisor 1, 4, 6
Water Conservation Resources Supervisor (Updated) 1, 2, 4, 5, 6 SCADA Coordinator 1, 4, 6
Water Conservation Specialist (Deleted) 4
Item Number: 7
Board of Directors
Written Communications
Meeting of: October 4, 2022
Submitted By:
Keith C. Metzler, City Manager
Subject:
Purchase and Sale Agreement and Joint Escrow Instructions – Duncan Property Recommendation:
That the Board of Directors of the Victorville Water District:
(1) Approve the Purchase and Sale Agreement and Joint Escrow Instructions (“PSA”) between San Bernardino County (the “County”) and the Victorville Water District (the “District”) for the sale of the Duncan Property (the “Duncan Property”); (2) Approve Resolution VWD 22-013 amending the Annual Budget for Fiscal Year 2022- 2023 relating to an appropriation of additional revenue; and (3) Authorize the City Manager in his capacity as General Manager of the Victorville Water District, or his designee, to execute the PSA and related escrow documents to effectuate the sale.
Fiscal Impact:
The sale of the Duncan Property will result in unbudgeted revenues in the approximate amount of $615,000 (less escrow fees and related costs) to account 4100020-46100 (Water Sale of Real Property).
Background:
In 2007, the Victor Valley Water District and Baldy Mesa Water District were consolidated into a subsidiary district of the City of Victorville, now referred to as the Victorville Water District. All liabilities, revenues, and assets were assumed by the District upon consolidation including the former administration building used by the Baldy Mesa Water District more specifically known as the Duncan Property as shown on Attachment C.
Since 2007, the building has only been used to store records and District staff has determined that the Duncan Property is not suitable for the District’s use as it is located outside the City of Victorville limits and is not conducive for efficient District operations.
Previously, on March 1, 2022, the District (at times “Seller”) adopted Resolution VWD 22- 002 declaring the Duncan Property as exempt surplus land pursuant to the Surplus Land 7 3
0 Act as the San Bernardino County Sheriff’s Department (at times “Buyer”) desired to acquire the Duncan Property for the purposes of using the building as the new location of the Victor Valley Station.
Discussion:
Since March 2022, staff has worked with the County to negotiate purchase and sale terms for the Duncan Property. The attached PSA establishes the following terms: a purchase price in the amount of $615,000, a requirement that the PSA be delivered to an escrow officer within 21-days from the effective date, a provision allowing the Buyer a 45-day due diligence period to perform environmental tests and inspection of the Duncan Property, and the close of escrow to occur as soon as possible following the expiration of the due diligence period, but no later than 30-days. Escrow fees will be shared equally among the Buyer and Seller and there are no broker fees associated with this transaction. An appraisal was recently completed in May 2022, valuing the Duncan Property at $590,000.
The offer received exceeds the appraisal and is being sold at or above fair market value.
The PSA is subject to the approval of the San Bernardino County Board of Supervisors.
The acquisition of the Duncan Property will allow the Sheriff’s Department to relocate its Victor Valley Station, currently located in Adelanto, to an area that will allow for the expansion of existing and future services. The location of the Duncan Property will also allow the Sheriff’s Department to deploy enforcement personnel and services efficiently and quickly.
Staff seeks your Honorable Board of Directors approval of the Purchase and Sale Agreement to consummate the sale, approval and adoption of Resolution VWD 22-013 amending the Annual Budget for Fiscal Year 2022-2023 relating to an appropriation of additional revenue, and authorization for the City Manager, in his capacity as General Manager to the District, or his designee, to execute the PSA and related escrow documents.
Staff remains available for any questions or comments.
Attachments:
A. Purchase and Sale Agreement and Joint Escrow Instructions B. Resolution No. VWD 22-013
C. Map of Property
ATTACHMENT A
PURCHASE AND SALE AGREEMENT AND
JOINT ESCROW INSTRUCTIONS
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PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is entered into as of the date the last of the parties executes this Agreement (“Effective Date”), between Victorville Water District, (“SELLER”), and San Bernardino County, a public body, corporate and politic (“BUYER”).
R E C I T A L S
A. SELLER is a public agency and the owner of the fee simple interest in certain real property containing approximately 2.00 acres, improved with one building, totaling approximately 6,000 square feet of building area, located at 10313 Duncan Road (APN 3071-041-01) in the unincorporated area of San Bernardino County near the City of Victorville, and more particularly described in the legal description attached hereto as Exhibit “A” (Property).
B. BUYER is a public agency and desires to acquire the Property to relocate its Sheriff’s Department Victor Valley Station.
C. SELLER agrees to sell and BUYER agrees to purchase the Property in fee simple.
A G R E E M E N T
Based upon the foregoing Recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SELLER and BUYER agree as follows:
1. PURCHASE AND SALE OF THE PROPERTY.
1.1 Subject to all of the terms, conditions, and provisions of this Agreement, and for the consideration herein set forth, the SELLER agrees to sell to BUYER, and BUYER agrees to purchase from the SELLER, the Property as described in Exhibit “A” attached hereto.
1.2 Amount of Purchase Price. The purchase price payable by BUYER to SELLER for the Property, including but not limited to all of SELLER’s right, title, and interest to the Property, is the total sum of SIX HUNDRED FIFTEEN THOUSAND DOLLARS AND 00/100 ($615,000.00) (“Purchase Price”), which shall be deposited with Escrow Holder in accordance with this Agreement.
1.3 Consideration Payment. Within fifteen (15) business days of the opening of escrow, BUYER shall deliver to SELLER the sum of One Hundred and 00/100 Dollars ($100.00) (the “Consideration Payment”), as consideration for BUYER’s right to purchase the Property and to terminate this Agreement on or prior to the expiration of the Due Diligence Period and for SELLER’s execution, delivery and performance of this Agreement. The Consideration Payment is non-refundable and shall be retained by SELLER notwithstanding any other provision of this Agreement.
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1.4 Within twenty-one (21) business days following the Effective Date of this Agreement, BUYER shall deliver to Fidelity National Title, (“Escrow Holder”), as selected by BUYER’s Director of Real Estate Services Department, an executed copy of this Agreement.
2. DUE DILIGENCE REVIEW.
2.1 Inspections. BUYER and its agents, contractors, consultants, employees, representatives, engineers, and designees (collective ly, "BUYER’s Agents”) shall have reasonable access to the Property at all reasonable times until the expiration of the Due Diligence Period (or earlier termination of this Agreement) for the purpose of conducting tests and inspections of the Property, including surveys and architectural, engineering, geotechnical and environmental inspections and tests. The “Due Diligence Period” shall mean the forty -five (45) business-day period following the Effective Date. All inspections shall be performed by BUYER at BUYER’s sole cost and expense.
Within five (5) business days after the Effective Date, SELLER shall deliver to BUYER copies of all plans, surveys, specifications, studies, reports, test results, and other documents pertaining to the physical, geological, or environmental condition of the Property that is in the possession of SELLER (“Property Documents”).
2.2 Conditions of the Property.
(a) The Property shall be conveyed in an “as is “ condition with no warrant y or liability, except as otherwise provided herein or provided by law, express or implied on the part of the SELLER as to the condition of the soil, its geology, or the presence of known or unknown faults or defects.
(b) It shall be the responsibility solely of the BUYER, at the BUYER’S expense, to investigate and determine the soil and seismic conditions of the Property and its suitability for its proposed uses. It shall be the responsibility solely of the BUYER, at the B UYER’S expense, to perform all work necessary to prepare the Property for any such uses.
2.3 Due Diligence Termination Right. If BUYER is not satisfied with the Property for any reason, BUYER may terminate this Agreement by giving written notice of terminatio n to SELLER and Escrow Holder (“Due Diligence Termination Notice ”) on or before the expiration of the Due Diligence Period. In the event that BUYER fails to deliver BUYER’s Due Diligence Termination Notice on or before the expiration of the Due Diligence Period, BUYER shall have conclusively been deemed to have approved its due diligence investigation of the Property and waived its right to terminate this Agreement pursuant to this Section 2.3.
2.4 Review of Title. Following the Effective Date of this Agreement, BUYER shall obtain its own preliminary title report issued by Lawyers Title Company, as selected by BUYER (“Title Company”) and such Title Company shall provide all underlying title documents (collectively, the “Preliminary Title Report”) and BUYER shall have the right to obtain a survey of the Property from a licensed surveyor sufficient to obtain an ALTA title insurance policy (“Survey”). The BUYER’s review period for the Preliminary Title Report and the Survey shall mean the period from the Effective Date through the date that is forty -five (45) business days after the Effective Date -3-
(“BUYER’s Title Review Period ”). At any time during BUYER’S Title Review Period, BUYER shall notify SELLER in writing (“ BUYER’s Title Notice”) of any objections BUYER may have to title exceptions or other matters contained in the Preliminary Title Report or Survey (“ Title Objections”). If BUYER does not give such notice by the expiration of BUY ER’s Title Review Period, then it shall conclusively be deemed that BUYER has no Title Objections . If BUYER does timely provide BUYER’s Title Notice with Title Objections, SELLER shall have five (5) business days after receipt thereof to notify BUYER that SELLER (a) will endeavor to cause or (b) elects not to cause any or all of the Title Objections disclosed therein to be removed or insured over by the Title Company in a manner reasonably satisfactory to BUYER. SELLER’s failure to notify BUYER within such five (5) business day period as to any Title Objections that SELLER is willing to endeavor to cure or cause to be insured over shall be deemed an election by SELLER not to pursue such endeavor to remove or have the Title Company insure over such Title Objections. If SELLER notifies or is deemed to have notified BUYER that SELLER shall not endeavor to remove nor have the Title Company insure over any or all of the Title Objections, BUYER shall have five (5) business days after the expiration of SELLER’s (5) business day period to respond to either (a) terminate this Agreement or (b) waive such Title Objections and proceed to Closing, without any reduction in the Purchase Price on account of such Title Objections. If BUYER does not give notice within said period, BUYER shall be deemed to have elected to waive the Title Objections pursuant to Section
2.4. BUYER shall have the right to request any supplement to the Preliminary Title Report or the Survey, and if any such supplement discloses any n ew materially adverse title or survey matters not disclosed to BUYER prior to the expiration of the BUYER’s Title Review Period, the foregoing right of review and approval shall also apply to said new matter; provided, however, the period for BUYER to deliver BUYER’s Title Notice with respect to such new title matter shall be the later of (i) expiration of the BUYER’s Title Review Period, or (ii) three (3) business days from receipt of the supplemental title report or survey and the underlying document(s) referenced therein.
3. ESCROW.
3.1 Opening of Escrow; Closing Date. Closing of the sale of the Property shall take place through an escrow (“ Escrow”) to be established with the Escrow Holder referred to in Section 1.4.
Escrow shall be deemed open upon delivery of a fully executed copy of this Agreement to Escrow Holder. Upon receipt of a fully executed copy of this Agreement, Escrow Holder shall execute the Escrow Holder’s acceptance attached hereto and notify SELLER and BUYER of the escrow number it assigns to the Escrow. The Close of Escrow shall occur as soon as reasonably practicable following the expiration of the Due Diligence Period, but in no event later than the date that is thirty (30) calendar days following the expiration of the Due Diligence Period (“ Closing Date ”). The terms “Close of Escrow ” and/or the “Closing” shall mean the consummation of the transactions contemplated by this Agreement to occur through the Escrow including SELLER conveyance of the Property to BUYER.
3.2 Escrow Instructions. This Agreement, together with any standard instructions of Escrow Holder, shall constitute the joint escrow instructions of BUYER and SELLER to Escrow Holder as well as an agreement between BUYER and SELLER. In the event of any conflict between the provisions of this Agreement and Escrow Holder’s standard instructions, this Agreement shall -4-
prevail.
3.3 Deliveries by SELLER . On or before 12:00 noon Pacific Time on the business day preceding the scheduled Closing Date, SELLER shall deliver to Escrow Holder: (i) the Grant Deed substantially in the form attached hereto as Exhibit “B” (“Grant Deed”), executed and acknowledged by SELLER; (ii) the escrow costs and prorations for which SELLER is responsible pursuant to this Agreement; (iii) an original of the Closing Statement described in Section 3.5, executed by SELLER; and
(iv) all other documents reasonably required by Escrow Holder to carry out and close the Escrow pursuant to this Agreement.
3.4 Deliveries by BUYER. On or before 12:00 noon Pacific Time on the business day preceding the scheduled Closing Date, BUYER shall deliver to Escrow Holder: (i) Purchase Price less the Consideration Payment, (ii) the escrow costs and prorations for which BUYER is responsible pursuant to this Agreement, (iii) an original of the Closing Statement described in Section 3.5, executed by BUYER, and (iv) all other documents reasonably required by Escrow Holder to carry out and close the Escrow pursuant to this Agreement.
3.5 Closing Statement . No later than four (4) business days prior to the Closing Date, Escrow Holder shall prepare for approval by BUYER and SELLER a closing statement (“ Closing Statement”) on Escrow Holder’s standard form indicating, among other things, Escrow Holder’s estimate of all closing costs and prorations made pursuant to this Agreement.
3.6 Closing, Recording and Disbursements . On the Closing Date, and provided all of the SELLER Conditions to Closing and BUYER Conditions to Closing set forth in Sections 3.10.1 and 3.10.2 of this Agreement have been satisfied or waived in writing by the appropriate party, Escrow Holder shall take the following actions:
(a) Recording. Escrow Holder shall cause the Grant Deed to be recorded with the Recorder’s Office in San Bernardino County, California.
(b) Delivery of Documents and Funds. Escrow Holder shall deliver to BUYER all of the items listed in Section 3.3 above which were delivered by SELLER to Escrow, except that Escrow Holder shall be instructed to record the original Grant Deed with the Recorder’s Office in San Bernardino County, California upon Close of Escrow. Escrow Holder shall deliver the Purchase Price less the Consideration Payment to SELLER by wire transfer as provided in written instructions to be furnished to Escrow Holder by SELLER prior to the Close of Escrow, together with one duplicate original of all of the items listed in Section 3.4 above on the Close of Escrow.
3.7 Taxes. Real property taxes will not be prorated between SELLER and BUYER in Escrow. Upon recordation of the Grant Deed, BUYER will request cancellation of the real property taxes for the Property pursuant to California Revenue and Taxation Code Section 4986. If current taxes have not yet been paid as of the Closing Date, then at Closing SELLER s hall pay through Escrow or out of SELLER proceeds, the full amount of the installment applicable for the period in which Closing occurs. SELLER shall be entitled to a refund of any excess payment made to the taxing authority on -5-
account of the Property, including any taxes paid by SELLER and applicable to any period from and after the Closing Date. The taxing authority will notify SELLER of any refund due SELLER resulting from the subject acquisition after a review and any subsequent proration of the property tax assessment by the County Assessor. SELLER retains the right, following close of escrow, to apply to the County Tax Collector for refund pursuant to Revenue and Taxation Code Section 5096.7
3.8 Payment of Costs . BUYER shall pay for the premium for the standard coverage owner’s Title Policy referred to in Section 3.10.2(b), with the cost of any endorsements or extended coverage to be as set forth therein. Any recording fees for the documents to be recorded under this Agreement and the escrow fee of Escrow Holder shall be paid by the BUYER; provided, however, that if the Close of Escrow has not occurred by the Closing Date by reason of a default hereunder, the defaulting party shall bear all Escrow cancellation charges. All other costs and expenses of Escrow not specifically allocated in this Agreement shall be allocated between BUYER and SELLER in accordance with customary practice in the county in which the Property is located. BUYER and SELLER shall each be responsible for their respective attorneys’ fees and costs for this Agreement.
3.9 Information Report. Escrow Holder shall file and SELLER and BUYER agree to cooperate with Escrow Holder and with each other in completing any report (“Information Report”) and/or other information required to be delivered to the Internal Revenue Service pursuant to Internal Revenue Code Section 6045(e) regarding the real estate sales transaction contemplated by this Agreement, including, without limitation, Internal Revenue Service Form 1099-B as such may be hereinafter modified or amended by the Internal Revenue Service, or as may be required pursuant to any regulation now or hereinafter promulgated by the Treasury Department with respect thereto.
SELLER and BUYER also agree that SELLER and BUYER, their respective employees and attorneys, and Escrow Holder and its employees may disclose to the Internal Revenue Service, whether pursuant to such Information Report or otherwise, any information regarding this Agreement or the transaction contemplated herein as such party reasonably deems to be required to be disclosed to the Internal Revenue Service by such party pursuant to Internal Revenue Code Section 6045(e), and further agree that neither SELLER nor BUYER shall seek to hold any such party liable for the disclosure to the Internal Revenue Service of any such information.
3.10 Conditions to Close of Escrow.
3.10.1 Conditions to SELLER Obligations. In addition to any other condition set forth in this Agreement in favor of SELLER, SELLER shall have the right to condition its obligation to convey the Property to BUYER and close the Escrow upon the satisfaction, or written waiver by SELLER, of each of the following conditions precedent on the Closing Date or such earlier time as provided for herein (collectively, the “SELLER Conditions to Closing”):
(a) Delivery of Document and Funds . BUYER shall have timely executed and deposited into Escrow all escrow and closing documents required to be submitted by BUYER in order to accomplish the close of Escrow for the Property. BUYER shall have deposited with Escrow Holder the Purchase Price less the Consideration Payment and the escrow and closing costs for which BUYER is responsible to pay and all other sums required of BUYER by this Agreement.
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(b) Representations and Warranties . All representations and warranties made by BUYER in this Agreement are true and correct in all material respects as of the Closing as though made at that time.
(c) No Default under the Agreement. BUYER shall not be in material default of any of its obligations under this Agreement and no event shall have occurred that would constitute a default with the giving of notice or the passage of time.
3.10.2 Conditions to BUYER’s Obligations. In addition to any other condition set forth in this Agreement in favor of BUYER, BUYER shall have the right to condition its obligation to purchase the Property and close the Escrow upon the satisfaction, or written waiver by BUYER, of each of the following conditions precedent on the Closing Date or such earlier time as provided for herein (collectively, the “BUYER Conditions to Closing”):
(a) Delivery of Documents and Funds . SELLER shall have executed and deposited into Escrow the Grant Deed, and the escrow and closing costs for which SELLER is responsible to pay and all other sums required of SELLER by this Agreement.
(b) Title Policy. The Title Company is unconditionally and irrevocably committed to issue to BUYER at Closing a CLTA standard coverage owner’s title policy, or, upon BUYER’s request, an ALTA extended coverage owner’s policy of title insurance (provided BUYER shall be responsible for any survey costs associated therewith and BUYER must deliver an ALTA survey acceptable to the Title Company for the issuance of such extended coverage at least ten (10) business days prior to the Closing Date and BUYER shall be responsible for the additional cost of the extended coverage), insuring BUYER’s title to the Property in the amount of the Purchase Price, subject only to the following (collectively, the “Approved Title Exceptions”): (i) the standard exceptions and exclusions from coverage contained in such form of the policy; (ii) real estate taxes not yet due and payable; (iii) matters created by, t hrough or under BUYER; (iv) items disclosed by the Survey and Preliminary Title Report (including any supplements) and approved or deemed approved by BUYER pursuant to the title review provisions in Section 2.4, or, if BUYER fails to obtain the Survey, items which would be disclosed by an accurate, updated survey of the Property or a physical inspection of the Property; and (v) any Title Objections that neither SELLER nor the Title Company has agreed to remove from title or insure over (“Title Policy”). The issuance of an ALTA extended coverage policy shall not be a condition precedent to BUYER’s obligation to close the Escrow, and BUYER shall not object to the Closing based upon an inability to obtain, or any delays in obtaining, such coverage. In addition, and without limiting the foregoing, the issuance of any particular title endorsements requested by BUYER, at BUYER’s sole cost and expense, shall not be a condition precedent to BUYER’s obligation to close this Escrow and BUYER acknowledges that BUYER is solely responsible for ascertaining the availability of any such endorsements prior to the end of the Due Diligence Period. If endorsements are required to cure defects in title and SELLER has agreed to provide such endorsements as a means of curi ng such title defects, then SELLER shall pay for such endorsements
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(c) Condition and Possession. At least ten (10) business days prior to the Closing Date, SELLER shall remove any of SELLER’s personal property and debris and trash from the Property.
(d) CEQA. The requirements under the California Environmental Quality Act, as amended, shall have been complied with.
(e) Non-Foreign Affidavit. SELLER shall have executed and deposited into escrow a Non-Foreign Affidavit as required by federal law.
(f) Representations and Warranties . All representations and warranties made by SELLER in this Agreement are true and correct in all material respects as of the Closing as though made at that time.
(g) No Default under Agreement. SELLER shall not be in material de fault of any of its obligations under this Agreement (and shall not have received notice of a default hereunder which has not been cured)
(h) Encumbrances. There are no encumbrances on the Property except for Approved Title Exceptions.
(i) Contract Termination . SELLER shall have cancelled and terminated all agreements, contracts and leases relating to the Property with service providers, tenants, or as otherwise required pursuant to this Agreement, and provided BUYER with written evidence of same.
3.10.3 Satisfaction of Conditions . Where satisfaction of any of the foregoing conditions requires action by BUYER or SELLER, each party shall use its diligent efforts, in good faith, and at its own cost, to satisfy such condition.
3.10.4 Waiver. Each party may at any time or times, waive any of their respective Conditions to Closing in this Section 3.10, as set forth above, to their respective obligations hereunder, but any such waiver shall be effective only if contained in writing, signed, and delivered to the other party.
3.10.5 Escrow Termination . In the event each of the Conditions to Closing in this Section 3.10, as set forth above, is not fulfilled on the Closing Date or such earlier time period as provided for herein or waived, any party hereto may at its optio n terminate this Agreement and the Escrow(s) opened hereunder, provided that party is not in default of this Agreement. No termination under this Agreement shall release any party then in default from liability for such default. In the event this Agreement is terminated, all documents and funds delivered to Escrow Holder shall be returned immediately to the respective parties.
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4. REPRESENTATIONS AND WARRANTIES.
4.1 SELLER Representations and Warranties. SELLER hereby makes the following representations and warranties to BUYER, each of which is material and relied upon by BUYER in making its determination to enter into this Agreement and each of which is re-made as of the Closing Date:
(a) SELLER execution, delivery and performance of its obligations under this Agreement does not constitute a default or a breach under any contract, agreement or order to which SELLER is a party or by which it is bound.
(b) SELLER has the full right, power and lawful authority to sell the Property and undertake all obligations as provided herein. The execution, performance and delivery of this Agreement by SELLER has been fully authorized by all requisite actions on the part of Seller.
(c) There are no pending actions, suits, writs, injunctions, decrees, legal proceedings or governmental investigations against the Property.
(d) SELLER has not received any notices and has no knowledge of any violation of any laws, ordinances, rules, regulations or requirements of a ny governmental agency, body or subdivision affecting or relating to the Property.
(e) SELLER is not the subject of a current or pending bankruptcy proceeding.
4.2 BUYER’s Representations and Warranties. BUYER hereby makes the following representations and warranties to SELLER, each of which is material and relied upon by SELLER in making its determination to enter into this Agreement and each of which is re-made as of the Closing Date:
(a) BUYER will use the Property for relocation of its Victor Valley Sheriff’s Station or for such other purpose meeting the definition of “Agency’s Use”, as such term is defined in Government Code Section 54221(c) and used in Government Code Section 54221(f)(1)(D) to preserve SELLER’s declaration of the Property as “Exempt Surplus Land” for purposes of the Surplus Land Act, Cal. Gov. Code Section 54220 et seq.
(b) BUYER has the full right, power and lawful authority to purchase and accept the Property and undertake all obligations as provided herein. The execution, performance and delivery of this Agreement by BUYER has been fully authorized by all requisite actions on the part of BUYER.
(c) BUYER’s execution, delivery and performance of its obligations under this Agreement does not constitute a default or a breach under any contract, agreement or order to which BUYER is a party or by which it is bound.
(d) BUYER is not the subject of a current or pending bankruptcy proceeding. -9-
5. RESERVED.
6. DEFAULTS.
6.1 Institution of Legal Actions. Any legal action must be instituted in the Superior Court of the San Bernardino County, State of California.
6.2 Rights and Remedies are Cumulative . Except as otherwise expressly provided in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
6.3 Inaction Not a Waiver of Default . Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
7. MISCELLANEOUS.
7.1 Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be delivered by either (a) personal delivery, (b) reliable courier service that provides a receipt showing date and time of delivery, including federal express, or
(c) registered or certified U.S. Mail, postage prepaid, return receipt requested. Copies are requested via email as identified below. Notices shall be addressed to the respective parties as set forth below or to such other address and to such other persons as the parties may hereafter designate by written notice to the other party hereto:
To SELLER: Victorville Water District
c/o Keith C. Metzler
General Manager
City of Victorville
14343 Civic Drive
Victorville, CA 92392
(760) 245-3220
with a Copy to:
Green de Bortnowsky, LLP
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301
Attn: Andre de Bortnowsky,
District Counsel
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To BUYER: San Bernardino County
c/o Real Estate Services Department
Attention: Brandon Ocasio, Manager of Acquisitions
385 North Arrowhead Avenue, 3rd Floor
San Bernardino, CA 92415-0180
Copy via email at: [email protected]
(909) 659-4676
Each notice shall be deemed delivered on the date delivered if by personal delivery or by overnight courier service, or on the date of receipt as disclosed on the return receipt if by mail, or upon confirmation by recipient by email. By giving to the other parties written notice as p rovided above, the parties to this Agreement and their respective successors and assigns shall have the right from time to time, and at any time during the term of this Agreement, to change their respective addresses.
7.2 Relationship Between SELLER and BUYER. It is hereby acknowledged that the relationship between SELLER and BUYER is not that of a partnership or joint venture and that SELLER and BUYER shall not be deemed or construed for any purpose to be the agent of the other.
7.3 Attorneys’ Fees. If any legal action is instituted to enforce or declare any party’s rights hereunder, each party, including the prevailing party, must bear its own costs and attorneys’ fees.
This subsection shall not apply to those costs and attorneys’ fees directly arising from any third-party legal action against a party hereto and payable under Section 2.2 (“Hazardous Materials; Indemnification”) or Section 7.10 (“Real Estate Brokerage Commission”).
7.4 Successors and Assigns; Assignment . This Agreement shall bind and inure to the benefit of SELLER and BUYER and their respective successors and permitted assigns.
7.5 Entire Agreement, Waivers, and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all ne gotiations and previous agreements between the parties with respect to all or part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by SELLER and BUYER.
7.6 Prohibited Persons and Transactions . SELLER represents to BUYER that it is not a person or entity with whom U.S. persons or entities are restrict ed from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List) or under any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action and is not and will not engage in any dealings or transactions or be otherwise associated with such persons or entities.
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7.7 Computation of Time. In the event that the day on which a party is required to take any action under the terms of this Agreement is a holiday, Saturday or Sunday, such action shall be taken on the next succeeding business day. The term “holiday” shall mean all holidays as recognized by BUYER.
7.8 Interpretation; Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California, without regard to conflict-of-interest principles.
7.9 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.
7.10 Real Estate Brokerage Commission. SELLER and BUYER represent and warrant to each other that they have had no conversations or negotiations with any broker concerning the sale of the Property. Each party agrees to indemnify and hold the other harmless from and against all liabilities, costs, damages, and expenses, including, without limitation, reasonable attorneys’ fees, resulting from any claims or fees or commissions, based upon agreements by it, if any, to pay any additional broker’s commission and/or finder’s fee.
7.11 Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. If authorized by law, the parties shall be entitled to manually sign and transmit this Agreement by electronic means (whether by PDF, or other email transmission) and are entitled to electronically sign and transmit this Agreement via DocuSign, AdobeSign, or other similar digital signature software, which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.
7.12 Exhibits. Exhibits “A” and “B” are attached to this Agreement and are incorporated herein by this reference and made a part hereof.
7.13 No Withholding as Foreign Seller. SELLER represents and warrants to BUYER that SELLER is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code section 1445 and that it will deliver to BUYER on or before the Close of Escrow a non-foreign affidavit on Escrow Holder's standard form pursuant to Internal Revenue Code section 1445(b)(2) and the Regulations promulgated thereunder and a California Form 590-RE.
8. BOARD OF SUPERVISORS APPROVAL: This Agreement is subject to and shall have no force or effect until and unless approved by Board of Supervisors for BUYER.
[Signatures on next page]
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IN WITNESS WHEREOF, SELLER and BUYER have entered into this Agreement as of the date first set forth above.
SELLER:
Victorville Water District
By:
Keith C. Metzler, General Manager
Date:
APPROVED AS TO FORM:
By: ___________________________
Andre de Bortnowsky, District Counsel
Date:__________________________
RISK MANAGEMENT:
By: ____________________________
Lee Brown, District Risk Manager
Date: __________________________
BUYER:
San Bernardino County
By:
Curt Hagman, Chairman, Board of
Supervisors
Date:
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE CHAIR OF
THE BOARD
LYNNA MONELL
Clerk of the Board of Supervisors
By: ___________________________
Deputy
Date: __________________________
APPROVED AS TO LEGAL FORM:
Tom Bunton, County Counsel
San Bernardino County, California
By: ___________________________
Scott M. Runyan
Principal Assistant County Counsel
Date:___________________________
P:\APPS\WPDATA\VVCA\0060 WATER DISTRICTS\DOC\263.12-DUNCAN RD. PURCHASE AND SALE AGMT REV & REFORMATTED 09.08.22 TLT.DOCX
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ACCEPTANCE BY ESCROW HOLDER
The undersigned hereby acknowledges that it has received a fully executed copy of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder.
, 2022 By:
Name:
Title:
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EXHIBIT “A”
Legal Description of the Property
All that certain real property situated in the County of San Bernardino, State of California, described as follows:
THE WEST HALF OF THE NORTH HALF OF PARCEL 1, PARCEL MAP NO. 3427, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS RECORDED IN PARCEL MAP BOOK 32, PAGE 15, RECORDS OF SAID COUNTY. THE EAST LINE OF SAID WEST HALF BEING
DETERMINED BY A LINE CONNECTING THE MIDPOINTS OF THE NORTH AND SOUTH LINES OF SAID PARCEL 1. THE SOUTH LINE OF SAID NORTH HALF BEING DETERMINED BY A LINE CONNECTING THE MIDPOINTS OF THE EAST AND WEST LINES OF SAID PARCEL 1. ALL AREAS AND DISTANCES ARE COMPUTED TO THE, CENTERLINES OF ADJACENT STREETS.
SAID DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. DO576 -85, RECORDED MARCH 19, 1986 AS INSTRUMENT NO. 86 -071936 OF OFFICIAL RECORDS.
APN: 3071-041-01-0-000
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EXHIBIT “B”
GRANT DEED
Follows this page
RECORDING REQUESTED BY:
San Bernardino County
Real Estate Services Department
385 N. Arrowhead Ave., 3rd Floor
San Bernardino, CA 92415-0180
WHEN RECORDED MAIL TO:
Same as above
RECORDER: EXEMPT:
This instrument is for the benefit of the San
Bernardino County and is entitled to be r ecorded
without fee subject to Govt. Code 27383 and
6103, and Rev. & Tax Code 11922
A.P.N: 3071-041-01 GRANT DEED
Dept. Code: 12100 (Sheriff)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Victorville Water District, a county water district organized under the laws of the State of California,
hereby GRANT(S) to SAN BERNARDINO COUNTY, a body corporate and politic of the State of California, the following real property in the unincorporated area of the City of Victorville , San Bernardino County, State of California:
SEE EXHIBIT “A”, LEGAL DESCRIPTION
The undersigned grantor(s) declare(s):
DOCUMENTARY TRANSFER TAX $0.00 Conveyance to Government Entity. R&T 11922 computed on full value of property conveyed, or
computed on full value less liens and encumbrances remaining at the time of sale Unincorporated Area City
By: _____________________________ Dated: __________________ Leonard X. Hernandez
Chief Executive Officer
San Bernardino County
SAN BERNARDINO COUNTY
CERTIFICATE OF ACCEPTANCE
APN: 3071-041-01
This is to certify that the interest in real property conveyed by the within instrument to San Bernardino County, a body corporate and politic of the State of California, is hereby accepted by the undersigned officer /agent on behalf of the Board of Supervisors pursuant to authority conferred by resolution of the Board of Supervisors adopted on March 27, 2012 and the Grantee consents to recordation thereof by its duly authorized officer/agent
Dated: ___________________________
By: ______________________________
Terry W. Thompson, Director
Real Estate Services Department
EXHIBIT "A" TO GRANT DEED
LEGAL DESCRIPTION OF PROPERTY
All that certain real property situated in the County of San Bernardino, State of California, described as follows:
THE WEST HALF OF THE NORTH HALF OF PARCEL 1, PARCEL MAP NO. 3427, IN TH E COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS RECORDED IN PARCEL MAP BOOK 32, PAGE 15, RECORDS OF SAID COUNTY. THE EAST LINE OF SAID WEST HALF BEING DETERMINED BY A LINE CONNECTING THE MIDPOINTS OF THE NORTH AND SOUTH LINES OF SAID PARCEL 1. THE SO UTH LINE OF SAID
NORTH HALF BEING DETERMINED BY A LINE CONNECTING THE MIDPOINTS OF THE EAST AND WEST LINES OF SAID PARCEL 1. ALL AREAS AND DISTANCES ARE COMPUTED TO THE, CENTERLINES OF ADJACENT STREETS.
SAID DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE NO.
DO576-85, RECORDED MARCH 19, 1986 AS INSTRUMENT NO. 86-071936 OF OFFICIAL RECORDS.
APN: 3071-041-01-0-000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
State of California
San Bernardino County
On _______________________ before me ____________________, Notary Public_ (insert name and title of the officer)
Personally appeared ____________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the sam e in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ATTACHMENT B
RESOLUTION NO. VWD 22-013
RESOLUTION NO. VWD 22-013
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
VICTORVILLE WATER DISTRICT AMENDING THE ANNUAL
BUDGET FOR FISCAL YEAR 202 2-2023; RELATING TO AN
APPROPRIATIONS OF ADDITIONAL REVENUE
WHEREAS, in 2007 the Victor Valley Water District and Baldy Mesa Water District were consolidated into a subsidiary district of the City of Victorville , known as the Victorville Water District (“District”) and all liabilities, revenues, and assets were assumed by t he District upon consolidation including the former administration building used by the Baldy Mesa Water District more specifically known as the Duncan Property (“Duncan Property”) as described in Exhibit A; and
WHEREAS, Government Code Sections 54220-54233 under the Surplus Property Land Act (“Act”), provides that surplus land is land owned in fee simple for which a local agency’s governing body takes formal action at a regular public meeting declaring land to be surplus and not necessary for a local agency’s use, and must be declared either “surplus land” or “exempt surplus land”, as supported by written findings, before it may be disposed of; and
WHEREAS, Section 54221(f)(1)(D) of the Act defines “exempt surplus land” to include surplus land that is transferred to another local, state, or federal agency for this agency’s use; and WHEREAS, District staff has determined that the Duncan Property is not suitable for the District’s use as it is located outside the City of Victorville limits and is not conducive for efficient District operations; and
WHEREAS, the San Bernardino County Sheriff (the “County”) has determined that the Duncan Property meets the needs of the relocation of the Victor Valley Station, currently located in the City of Adelanto, and desires to purchase the Duncan Property from the District; and WHEREAS, the County and D istrict have negotiated purchase and sale terms for the transfer of the Duncan Property, and such transfer qualifies as exempt surplus land under the Act Section 54221(f)(1)(D); and
WHEREAS, the City Manager, in the capacity as General Manager, of the District did heretofore submit to the Board of Directors of the Victorville Water District an estimate of the expenditures and revenues of the District for the fiscal year 2022-2023; and
WHEREAS, copies of said budget were prepared and distributed to the Board of Directors of the Victorville Water District and approved on June 21, 2022 and have been available for inspection by the public in the office of the City Clerk of the City of Victorville; and
WHEREAS, the sale of the Duncan Property will generate sale proceeds in the approximate amount of Six Hundred Fifteen Thousand Dollars and 00/100 ($615,000.00), less escrow and title fees; and
WHEREAS, a need to amend the budget is necessary to recognize the increase in budget revenue.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2022 -2023 for the Victorville Water District be hereby amended to reflect an increase in budget revenue, as shown below and as described in the corresponding agenda item dated October 4, 2022.
Account Amount Adjusted
4100020-46100 $615,000 (sale proceeds)
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by the Victo rville Water District, City departments, offices and subsidiary of the City.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
ATTACHMENT C
DUNCAN BUILDING MAP
Item Number: 8
City Council / Board of Directors
Written Communications
Meeting of: October 4, 2022
Submitted By:
Keith C. Metzler, City Manager
Subject:
Purchase and Sale Agreement and Joint Escrow Instructions – Parks Division Properties Recommendation:
That the Honorable City Council:
(1) Approve the Purchase and Sale Agreement and Joint Escrow Instructions (“PSA”) between the Mojave Water Agency (“MWA” and at times “Buyer”) and the City of Victorville for the sale of Accessor Parcel Numbers (“APNs”) 3070-401-11, 3070-401-01 and 3070-401-02 (“Properties”);
(2) Adopt Resolution No. 22-110 amending the Annual Budget for Fiscal Year 2022-2023 relating to an appropriation of additional revenue; and (3) Authorize the City Manager, or his designee, to execute the PSA and related escrow documents to effectuate the sale.
Fiscal Impact:
The sale of properties will result in unbudgeted revenues in the amount of $575,000 (less escrow fees and related costs) to account 3540010-46100 (Sale of Real Property).
Background:
Previously, on March 15, 2022, the City adopted Resolution No. 22-016 declaring three properties owned by the City’s Parks Division as exempt surplus land pursuant to the Surplus Land Act as the MWA desired to acquire the properties for the purposes of constructing a new recharge water basin. The Properties are described as APN’s 3070- 401-11, 3070-401-01 and 3070-401-02, encompassing approximately 42.33 acres of vacant land outside of the City limits.
Discussion:
Since March 2022, staff has worked with the MWA to negotiate purchase and sale terms for the Properties. The attached PSA establishes the following terms: a purchase price in the amount of $575,000 with a consideration payment (good faith deposit) of $11,500 due 2 4
6 7
within 15-days of opening an escrow account, a requirement that the PSA be delivered to an escrow officer within 15-days from the effective date, a 60-day due diligence period allowing the Buyer to perform environmental testing on the Properties, and the close of escrow to occur as soon as possible following the expiration of the due diligence period, but no later than 30-days. Escrow fees will be shared equally among the Buyer and Seller and there are no broker fees associated with this transaction. An appraisal was recently completed on August 16, 2022, valuing the Properties at $440,000. The offer received exceeds the appraisal and is being sold at or above fair market value. The PSA is subject to the approval of the Mojave Water Agency Board of Directors.
The acquisition of the Properties will allow the MWA to increase water access by constructing a regional groundwater recharge facility which will collect excess water runoff during heavy rains allowing water to infiltrate into the soil replenishing the groundwater supply.
Staff seeks that the Honorable City Council approve the Purchase and Sale Agreement and Joint Escrow Instructions to consummate the sale, approve and adopt Resolution 22- 110 amending the Annual Budget for Fiscal Year 2022-203 relating to an appropriation of additional revenue, and authorize for the City Manager, or his designee, to execute the PSA and related escrow documents.
Staff remains available for any questions or comments.
Attachments:
A. Purchase and Sale Agreement and Joint Escrow Instructions B. Resolution No. 22-110
C. Map of Properties
ATTACHMENT A
PURCHASE AND SALE AGREEMENT AND
JOINT ESCROW INSTRUCTIONS
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PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is entered into as of the date the last of the parties executes this Agreement (“Effective Date”), between City of Victorville, a municipal corporation located in the County of San Bernardino, State of California (“SELLER”), and the Mojave Water Agency , a public entity organized and operating pursuant to California Water Code Appendix Section 97 -1 seq., (“BUYER”). Buyer and Seller are sometimes hereinafter referred to individually as a “Party” and together as the “Parties”.
R E C I T A L S
A. SELLER is a public agency and the owner of the fee simple interest in certain real property containing approximately +42.33 acres of vacant land, totaling approximately 1,843,893,000 square feet area, having Accessor Parcel Numbers (APN) 3070-401-01, 3070-401-02 and 3070-401-11 in the City’s sphere of influence , and more particularly described in the legal description attached hereto as Exhibit “A” (Property).
B. BUYER is a public agency and is currently in the process of constructing a regional groundwa ter recharge facility adjacent to the Property.
C. BUYER desires to acquire the Property to construct and operate new recharge facilities or other related uses.
D. SELLER agrees to sell, and BUYER agrees to purchase the Property in fee simple.
A G R E E M E N T
Based upon the foregoing Recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SELLER and BUYER agree as follows:
1. PURCHASE AND SALE OF THE PROPERTY.
1.1 Subject to all of the terms, conditions, and provisions of this Agreement, and for the consideration herein set forth, the SELLER agrees to sell to BUYER, and BUYER agrees to purchase from the SELLER, the Property as described in Exhibit “A” attached hereto.
1.2 Amount of Purchase Price . The purchase price payable by BUYER to SELLER for the Property, including but not limited to all of SELLER’s right, title, and interest to the Property, is the total sum of FIVE HUNDRED SEVENTY FIVE THOUSAND DOLLARS AND 00/100 ($5 75,000.00) (“Purchase Price”), which shall be deposited with Escrow Holder in accordance with this Agreement.
1.3 Consideration Payment. Within fifteen (15) business days of the opening of escrow, BUYER shall deliver to SELLER the sum of ELEVEN THOUSAND FIVE HUNDRED DOLLARS AND 00/100 ($11,500.00) (the “Consideration Payment”), as consideration for BUYER’s right to purchase the Property and to terminate this Agreement on or prior to the expiration of the Due Diligence Period and for -2-
SELLER’s execution, delivery and performance of this Agreement. The Consideration Payment is non- refundable and shall be retained by SELLER notwithstanding any other provision of this Agreement.
1.4 Within fifteen (15) business days following the Effective Date of this Agreement, BUYER shall deliver to Escrow Officer, Chicago Title Company , as selected by BUYER, (“Escrow Holder”) an executed copy of this Agreement.
2. DUE DILIGENCE REVIEW.
2.1 Inspections. BUYER and its agents, contractors, consultants, employees, representatives, engineers, and designees (collectively, " BUYER’s Agents”) shall have reasonable access to the Property at all reasonable times until the expiration of the Due Diligence Period (or earlier termination of this Agreement) for the purpose of conducting tests and inspections of the Property, including surveys and architectural, engineering, geotechnical , and environmental inspections and tests. The “ Due Diligence Period” shall mean the sixty (60) calendar-day period following the Effective Date. All inspections shall be performed by BUYER at BUYER’s sole cost and expense. Within ten (10) calendar-days after the Effective Date, SELLER shall deliver to BUYER copies of all title commitments for the Property, any leases; if applicable permits and warranties; plans, surveys, specifications, studies, reports, test results, and other documents pertaining to the physical, geological, or environmental condition of the Property that are in the possession of SELLER (“Property Documents”).
2.2 Conditions of the Property.
(a) The Property shall be conveyed in an “ As Is“ condition with no warrant or liability, except as otherwise provided herein, express or implied on the part of the SELLER as to the condition of the soil, its geology, or the presence of known or unknown faults or defects. (b) It shall be the responsibility solely of the BUYER, at the BUYER’ s expense, to investigate and determine the soil and seismic conditions of the Property and its suitability for it s proposed uses.
It shall be the responsibility solely of the BUYER, at the BUYER’s expense, to perform all work necessary to prepare the Property for any such uses.
2.3 Due Diligence Termination Right . If BUYER is not satisfied with the Property for any reason, BUYER may terminate this Agreement by giving written notice of termination to SELLER and Escrow Holder (“Due Diligence Termination Notice”) on or before the expiration of the Due Diligence Period. In the event that BUYER fails to deliver BUYER’s Due Diligence Termination Notice on or before the expiration of the Due Diligence Period, BUYER shall have conclusively been deemed to have approved its due diligence investigation of the Property and waived its right to terminate this Agreement pursuant to this Section 2.3.
2.4 Review of Title. Following the Effective Date of this Agreement, BUYER shall obtain its own preliminary title report issued by Chicago Title Company, as selected by BUYER(“Title Company”) and such Title Company shall provide all underlying title documents (collectively, the “Preliminary Title Report”) and BUYER shall have the right to obtain a survey of the Property from a licensed surveyor sufficient to obtain an ALTA title insurance policy (“Survey”). The BUYER’s review period for the Preliminary Title Report and the Survey shall mean the period from the Effective Date through the date that is forty-five (45) business days after the Effective Date (“ BUYER’s Title Review Period ”). At any -3-
time during BUYER’S Title Review Period, BUYER shall notify SELLER in writing (“ BUYER’s Title Notice”) of any objections BUYER may have to title exceptions or other matters contained in the Preliminary Title Report or Survey (“ Title Objections ”). If BUYER does not give such notice by the expiration of BUYER’s Title Review Period, then it shall conclusively be deemed that BUYER has no Title Objections. If BUYER does timely provide BUYER’s Title Notice with Title Objections, SELLER shall have five (5) business days after receipt thereof to notify BUYER that SELLER (a) will endeavor to cause or (b) elects not to cause any or all of the Title Objections disclosed therein to be removed or insured over by the Title Company in a manner reasonably satisfactory to BUYER. SELLER’s failure to notify BUYER within such five (5) business day period as to any Title Objections that SELLER is willing to endeavor to cure or cause to be insured over shall be deemed an election by SELLER not to pursue such endeavor to remove or have the Title Company insure over such Title Objections. If SELLER notifies or is deemed to have notified BUYER that SELLER shall not endeavor to remove nor have the Title Company insure over any or all of the Title Objections, BUYER shall have five (5) business days after the expiration of SELLER’s f i v e (5) business day period to respond to either (a) terminate this Agreement or (b) waive such Title Objections and proceed to Closing, without any reduction in the Purchase Price on account of such Title Objections. If BUYER does not give notice within said period, BUYER shall be deemed to have elected to waive the Title Objections pursuant to Section 2.4.
BUYER shall have the right to request any supplement to the Preliminary Title Report or the Survey, and if any such supplement discloses any new materially adverse title or survey matters not disclosed to BUYER prior to the expiration of the BUYER’s Title Review Period, the foregoing right of review and approval shall also apply to said new matter; prov ided, however, the period for BUYER to deliver BUYER’s Title Notice with respect to such new title matter shall be the later of (i) expiration of the BUYER’s Title Review Period, or (ii) five (5) business days from receipt of the supplemental title report or survey and the underlying document(s) referenced therein.
3. ESCROW.
3.1 Opening of Escrow; Closing Date. Closing of the sale of the Property shall take place through an escrow (“Escrow”) to be established with the Escrow Holder referred to in Section 1.4. Escrow shall be deemed open upon delivery of a fully executed copy of this Agreement to Escrow Holder. Upon receipt of a fully executed copy of this Agreement, Escrow Holder shall execute the Escrow Holder’s acceptance attached hereto and notify SELLER and BUYER of the escrow number it assigns to the Escrow. The Close of Escrow shall occur as soon as reasonably practicable following the expiration of the Due Diligence Period, but in no event later than the date that is thirty (30) calendar days following the expiration of the Due Diligence Period (“Closing Date”). The terms “Close of Escrow” and/or the “Closing” shall mean the consummation of the transactions contemplated by this Agreement to occur through the Escrow including SELLER conveyance of the Property to BUYER.
3.2 Escrow Instructions. This Agreement, together with any standard instructions of Escrow Holder, shall constitute the joint escrow instructions of BUYER and SELLER to Escrow Holder as well as an agreement between BUYER and SELLER. In the event of any conflict between the provisions of this Agreement and Escrow Holder’s standard instructions, this Agreement shall prevail. -4-
3.3 Deliveries by SELLER. On or before 12:00 noon Pacific Time on the business day preceding the scheduled Closing Date, SELLER shall deliver to Escrow Holder: (i) the Grant Deed substantially in the form attached hereto as Exhibit “B” (“Grant Deed”), executed and acknowledged by SELLER; (ii) the escrow costs and prorations for which SELLER is responsible pursuant to this Agreement; (iii) an original of the Closing Statement described in Section 3.5, executed by SELLER; and (iv) all other documents reasonably required by Escrow Holder to carry out and close the Escrow pursuant to this Agreement.
3.4 Deliveries by BUYER. On or before 12:00 noon Pacific Time on the business day preceding the scheduled Closing Date, BUYER shall deliver to Escrow Holder: (i) Purchase Price less the Consideration Payment, (ii) the escrow costs and prorations for which BUYER is responsible pursuant to this Agreement, (iii) an original of the Closing Statement described in Section 3.5, executed by BUYER, and (iv) all other documents reasonably required by Escrow Holder to carry out and close the Escrow pursuant to this Agreement.
3.5 Closing Statement. No later than four (4) business days prior to the Closing Date, Escrow Holder shall prepare for approval by BUYER and SELLER a closing statement (“Closing Statement”) on Escrow Holder’s stand ard form indicating, among other things, Escrow Holder’s estimate of all closing costs and prorations made pursuant to this Agreement.
3.6 Closing, Recording and Disbursements . On the Closing Date, and provided all of the SELLER Conditions to Closing and BUYER Conditions to Closing set forth in Sections 3.10.1 and
3.10.2 of this Agreement have been satisfied or waived in writing by the appropriate party, Escrow Holder shall take the following actions:
(a) Recording. Escrow Holder shall cause the Grant Deed to be recorded with the Recorder’s Office in San Bernardino County, California.
(b) Delivery of Documents and Funds. Escrow Holder shall deliver to BUYER all of the items listed in Section 3.3 above which were delivered by SELLER to Escrow, except that Escrow Holder shall be instructed to record the original Grant Deed with the Recorder’s Office in San Bernardino County, California upon Close of Escrow. Escrow Holder shall deliver the Purchase Price less the Consideration Payment to SELLER by wire transfer as provided in written instructions to be furnished to Escrow Holder by SELLER prior to the Close of Escrow, together with one duplicate original of all of the items listed in Section 3.4 above on the Close of Escrow.
3.7 Taxes. Real property taxes will not be prorated between SELLER and BUYER in Escrow.
Upon recordation of the Grant Deed, BUYER may request cancellation of the real property taxes for the Property pursuant to California Revenue and Taxation Code Section 4986. If current taxes have not yet been paid as of the Closing Date, then at Closing SELLER shall pay through Escrow or out of SELLER proceeds, the full amount of the installment applicable for the period in which Closing occurs. SELLER shall be entitled to a refund of any excess payment made to the taxing authority on account of the Property, including any taxes paid by SELLER and applicable to any period from and after the Closing Date. The taxing authority will notify SELLER of any refund due SELLER resulting from the subject acqui sition after a review and any subsequent proration of the property tax assessment by the County Assessor. SELLER retains the right, following close of escrow, to apply to the County Tax Collector for refund pursuant to Revenue and Taxation Code Section 5096.7.
3.8 Payment of Costs . BUYER shall pay for the premium for the standard coverage owner’s -5-
Title Policy referred to in Section 3.10.2(b), with the cost of any endorsements or extended coverage to be as set forth therein. Any recording fees for the documents to be recorded under this Agreement and the escrow fee of Escrow Holder shall be paid by the BUYER; provided, however, that if the Close of Escrow has not occurred by the Closing Date by reason of a default hereunder, the defaulting party sha ll bear all Escrow cancellation charges. All other costs and expenses of Escrow not specifically allocated in this Agreement shall be allocated between BUYER and SELLER in accordance with customary practice in the county in which the Property is located. BUYER and SELLER shall each be responsible for their respective attorneys’ fees and costs for this Agreement.
3.9 Information Report. Escrow Holder shall file and SELLER and BUYER agree to cooperate with Escrow Holder and with each other in completing any report (“Information Report”) and/or other information required to be delivered to the Internal Revenue Service pursuant to Internal Revenue Code Section 6045(e) regarding the real estate sales transaction contemplated by this Agreement, including, without limitation, Internal Revenue Service Form 1099-B as such may be hereinafter modified or amended by the Internal Revenue Service, or as may be required pursuant to any regulation now or hereinafter promulgated by the Treasury Department with respect thereto. SELLER and BUYER also agree that SELLER and BUYER, their respective employees and attorneys, and Escrow Holder and its employees may disclose to the Internal Revenue Service, whether pursuant to such Information Report or otherwise, any information regarding this Agreement or the transaction contemplated herein as such party reasonably deems to be required to be disclosed to the Internal Revenue Service by such party pursuant to Internal Revenue Code Section 6045(e), and further agree that neither SELLER nor BUYER shall seek to hold any such party liable for the disclosure to the Internal Revenue Service of any such information.
3.10 Conditions to Close of Escrow.
3.10.1 Conditions to SELLER Obligations . In addition to any other condition set forth in this Agreement in favor of SELLER, SELLER shall have the right to condition its obligation to convey the Property to BUYER and close the Escrow upon the satisfaction, or written waiver by SELLER, of each of the following conditions precedent on the Closing Date or such earlier time as provided for herein (collectively, the “SELLER Conditions to Closing”):
(a) Delivery of Document and Funds. BUYER shall have timely executed and deposited into Escrow all escrow and closing documents required to be submitted by BUYER in order to accomplish the close of Escrow for the Property. BUYER shall have deposited with Escrow Holder the Purchase Price less the Consideration Payment and the escrow and closing costs for which BUYE R is responsible to pay and all other sums required of BUYER by this Agreement.
(b) Representations and Warranties. All representations and warranties made by BUYER in this Agreement are true and correct in all material respects as of the Closing as though made at that time.
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(c) No Default under the Agreement . BUYER shall not be in material default of any of its obligations under this Agreement and no event shall have occurred that would constitute a default with the giving of notice or the passage of time.
3.10.2 Conditions to BUYER’s Obligations. In addition to any other condition set forth in this Agreement in favor of BUYER, BUYER shall have the right to condition its obligation to purchase the Property and close the Escrow upon the satisfaction, or written waiver by BUYER, of each of the following conditions precedent on the Closing Date or such earlier time as provided for herein (collectively, the “BUYER Conditions to Closing”):
(a) Delivery of Documents and Funds . SELLER shall have executed and deposited into Escrow the Grant Deed, and the escrow and closing costs for which SELLER is responsible to pay and all other sums required of SELLER by this Agreement.
(b) Title Policy. The Title Company is unconditionally and irrevocably committed to issue to BUYER at Closing a CLTA standard coverage owner’s title policy, or, upon BUYER’s request, an ALTA extended coverage owner’s policy of title insurance (provided BUYER shall be responsible for any survey costs associated therewith and BUYER must deliver an ALTA survey acceptable to the Title Company for the issuance of such extended coverage at least ten (10) business days prior to the Closing Date and BUYER shall be responsible for the additional cost of the extended coverage), insuring BUYER’s title to the Property in the amount of the Purchase Price, subject only to the following (collectively, the “Approved Title Exceptions”): (i) the standard exceptions and exclusions from coverage contained in such form of the policy; (ii) real estat e taxes not yet due and payable; (iii) matters created by, through or under BUYER; (iv) items disclosed by the Survey and Preliminary Title Report (including any supplements) and approved or deemed approved by BUYER pursuant to the title review provisions in Section 2.4, or, if BUYER fails to obtain the Survey, items which would be disclosed by an accurate, updated survey of the Property or a physical inspection of the Property; and (v) any Title Objections that neither SELLER nor the Title Company has agre ed to remove from title or insure over (“Title Policy”). The issuance of an ALTA extended coverage policy shall not be a condition precedent to BUYER’s obligation to close the Escrow, and BUYER shall not object to the Closing based upon an inability to obt ain, or any delays in obtaining, such coverage. In addition, and without limiting the foregoing, the issuance of any particular title endorsements requested by BUYER, at BUYER’s sole cost and expense, shall not be a condition precedent to BUYER’s obligation to close this Escrow and BUYER acknowledges that BUYER is solely responsible for ascertaining the availability of any such endorsements prior to the end of the Due Diligence Period.
If endorsements are required to cure defects in title and SELLE R has agreed to provide such endorsements as a means of curing such title defects, then SELLER shall pay for such endorsements
(c) Condition and Possession. At least ten (10) business days prior to the Closing Date, SELLER shall remove any of SELLER’s personal property and debris and trash from the Property.
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(d) CEQA. The requirements under the California Environmental Quality Act, as amended, shall have been complied with.
(e) Non-Foreign Affidavit . SELLER shall have executed and deposited into escrow a Non-Foreign Affidavit as required by federal law.
(f) Representations and Warranties. All representations and warranties made by SELLER in this Agreement are true and correct in all material respects as of the Closing as though made at that time.
(g) No Default under Agreement . SELLER shall not be in material default of any of its obligations under this Agreement (and shall not have received notice of a default hereunder which has not been cured).
(h) Encumbrances. There are no encumbrances on the Property except for Approved Title Exceptions.
(i) Contract Termination . SELLER shall have cancelled and terminated all agreements, contracts, and leases relating to the Property with service providers, tenants, or as otherwise required pu rsuant to this Agreement, and provided BUYER with written evidence of same.
3.10.3 Satisfaction of Conditions . Where satisfaction of any of the foregoing conditions requires action by BUYER or SELLER, each party shall use its diligent efforts, in good faith, and at its own cost, to satisfy such condition.
3.10.4 Waiver. Each party may at any time or times, waive any of their respective Conditions to Closing in this Section 3.10, as set forth above, to their respective obligations hereunder, but any such waiver shall be effective only if contained in writing, signed, and delivered to the other party.
3.10.5 Escrow Termination. In the event each of the Conditions to Closing in this Section
3.10, as set forth above, is not fulfilled on the Closing Date or such earlier time period as provided for herein or waived, any party hereto may at its option terminate this Agreement and the Escrow(s) opened hereunder, provided that party is not in default of this Agreement. No termination under this Agreement shall release any party then in default from liability for such default. In the event this Agreement is terminated, all documents and funds delivered to Escrow Holder shall be returned immediately to the respective parties.
4. REPRESENTATIONS AND WARRANTIES.
4.1 SELLER Representations and Warranties. SELLER hereby makes the following representations and warranties to BUYER, each of which is material and relied upon by BUYER in making its determination to enter into this Agreement and each of which is re-made as of the Closing Date:
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(a) SELLER execution, delivery and performance of its obligations under this Agreement does not constitute a default or a breach under any contract, agreement or order to which SELLER is a party or by which it is bound.
(b) SELLER has the full right, power and lawful authority to sell the Property and undertake all obligations as provided herein. The execution, performance and delivery of this Agreement by SELLER has been fully authorized by all requisite actions on the part of Seller.
(c) There are no pending actions, suits, writs, injunctions, decrees, legal proceedings or governmental investigations against the Property.
(d) SELLER has not received any notices and has no knowledge of any violation of any laws, ordinances, rules, regulations or requirements of any governmental agency, body or subdivision affecting or relating to the Property.
(e) SELLER is not the subject of a current or pending bankruptcy proceeding.
4.2 BUYER’s Representations and Warranties. BUYER hereby makes the following representations and warranties to SELLER, each of which is material and relied upon by SELLER in making its determination to enter into this Agreement and each of which is re-made as of the Closing Date:
(a) BUYER has the full right, power and lawful authority to purchase and accept the Property and undertake all obligations as provided herein. The execution, performance and delivery of this Agreement by BUYER has been fully authorized by all requisite actions on the part of BUYER.
(b) BUYER will use the Property for the construction of new recharge facilities or other related uses provided any such related uses are consistent with its definition of “ Agency’s Use” as such term is defined in Government Code Section 54221 (c) and used in Government Code Section 54221(f)(1)(D) to preserve SELLER’s declaration of Property as “Exempt Surplus Land” for purposes of the Surplus Land Act, Cal. Gov. Code Section 54220 et seq.
(c) BUYER’s execution, delivery and performance of its obligations under this Agreement does not constitute a default or a breach under any contract, agreement or order to which BUYER is a party or by which it is bound.
(d) BUYER is not the subject of a current or pending bankruptcy proceeding.
5. RESERVED.
6. DEFAULTS.
6.1 Institution of Legal Actions. Any legal action must be instituted in the Superior Court of the County of San Bernardino, State of California.
6.2 Rights and Remedies are Cumulative . Except as otherwise expressly provided in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of -9-
any other rights or remedies for the same default or any other default by the other party.
6.3 Inaction Not a Waiver of Default. Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
7. MISCELLANEOUS.
7.1 Notices. All notices, requests, demand s, and other communications required or permitted under this Agreement shall be in writing and shall be delivered by either (a) personal delivery, (b) reliable courier service that provides a receipt showing date and time of delivery, including federal express, or (c) registered or certified U.S. Mail, postage prepaid, return receipt requested. Copies are requested via email as identified below. Notices shall be addressed to the respective parties as set forth below or to such other address and to such other persons as the parties may hereafter designate by written notice to the other party hereto:
To SELLER: City of Victorville
c/o Keith C. Metzler
City Manager
City of Victorville
14343 Civic Drive
Victorville, CA 92392
(760) 955-4823
Green de Bortnowsky, LLP
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301
Attn: Andre de Bortnowsky, City Attorney
Mojave Water Agency
Attention: Allison Febbo, General Manager
13846 Conference Center Drive
Apple Valley, California 92307
Copy via email at: [email protected]
(760) 946-7059
with a Copy to:
To BUYER:
Each notice shall be deemed delivered on the date delivered if by personal delivery or by overnight courier service, or on the date of receipt as disclosed on the return receipt if by mail, or upon confirmation by recipient by email. By giving to the other parties written notice as provided above, the parties to this Agreement and their respective successors and assigns shall have the right from time to time, and at any time during the term of this Agreement, to change their respective addresses.
7.2 Relationship Between SELLER and BUYER. It is hereby acknowledged that the relationship between SELLER and BUYER is not that of a partnership or joint venture and that SELLER and BUYER shall not be deemed or construed for any purpose to be the agent of the other.
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7.3 Attorneys’ Fees . If any legal action is instituted to enforce or declare any party’s rights hereunder, each party, including the prevailing party, must bear its own costs and attorneys’ fees. This subsection shall not apply to those costs and attorneys’ fees directly arising from any third -party legal action against a party hereto and payable under Section 2.2 (“Hazardous Materials; Indemnification”) or Section 7.10 (“Real Estate Brokerage Commission”).
7.4 Successors and Assigns; Assignment . This Agreement shall bind and inure to the benefit of SELLER and BUYER and their respective successors and permitted assigns.
7.5 Entire Agreement, Waivers, and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to a ll or part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by SELLER and BUYER.
7.6 Prohibited Persons and Transactions. SELLER represents to BUYER that it is not a person or entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List) or under any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactio ns with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action and is not and will not engage in any dealings or transactions or be otherwise associated with such persons or entities.
7.7 Computation of Time . In the event that the day on which a party is required to take any action under the terms of this Agreement is a holiday, Saturday or Sunday, such action shall be taken on the next succeeding business day. The term “holiday” shall mean all holidays as recognized by BUYER.
7.8 Interpretation; Governing Law . This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California, without regard to conflict-of-interest principles.
7.9 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected there by to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.
7.10 Real Estate Brokerage Commission. SELLER and BUYER represent and warrant to each other that they have had no conversations or negotiations with any broker concerning the sale of the Property.
Each party agrees to indemnify and hold the other harmless from and against all liabilities, costs, damages, and expenses, including, without limitation, reasonable attorneys’ fees, resulting from any claims or fees or commissions, based upon agreements by it, if any, to pay any additional broker’s commission and/or finder’s fee.
7.11 Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart.
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If authorized by law, the parties shall be entitled to manually sign and transmit this Agreement by electronic means (whether by PDF, or other email transmission) and are entitled to electronically sign and transmit this Agreement via DocuSign, AdobeSign, or other similar digital signature software, which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.
7.12 Exhibits. Exhibits “A” and “B” are attached to this Agreement and are incorporated herein by this reference and made a part hereof.
7.13 No Withholding as Foreign Seller. SELLER represents and warrants to BUYER that SELLER is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code section 1445 and that it will deliver to BUYER on or before the Close of Escrow a non- foreign affidavit on Escrow Holder's standard form pursuant to Internal Revenue Code section 1445(b)(2) and the Regulations promulgated thereunder and a California Form 590-RE.
8. BOARD OF DIRECTORS APPROVAL: This Agreement is subject to and shall have no force or effect until and unless approved by the Mojave Water Agency Board of Directors for BUYER.
9. APPROVAL BY CITY COUNCIL: This Agreement is subject to and shall have no force or effect until and unless approved by the City of Victorville City Council for SELLER.
[Signatures on next page]
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IN WITNESS WHEREOF, SELLER and BUYER have entered into this Agreement as of the date first set forth above.
SELLER:
City of Victorville
By: Keith C. Metzler
Title: City Manager
Date:
ATTEST:
Jennifer Thompson, City Clerk
APPROVED AS TO FORM:
Andre de Bortnowsky, City Attorney
BUYER:
Mojave Water Agency
By: Allison Febbo
Title: General Manager
Date:
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ACCEPTANCE BY ESCROW HOLDER
The undersigned hereby acknowledges that it has received a fully executed copy of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder.
, 2022 By:
Name:
Title:
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EXHIBIT “A”
Legal Description of the Property
Parcel A: (3070-401-11-0-000)
That Portion Of The Northwest One-Quarter Of The Northwest One-Quarter Of Section 1, Township 4 North, Range 6 West, San Bernardino Meridian, In The County Of San Bernardino, State Of California, According To The Official Government Plat Thereof, Lying Northerly Of The Northerly Line Of The Land Conveyed To The State Of California, By Deed Recorded August 27, 1968 In Book 7083, Page 800 Official Records.
Parcel B: (3070-401-01; 3070-401-02)
Parcels 1 And 4 Parcel Map 1817, In the County Of San Bernardino, State Of California, As Per Map Recorded In Book 16 Of Parcel Maps, Page 20, In The Office Of The County Recorder Of Said County. -15-
EXHIBIT “B”
GRANT DEED
Follows this page
P:\APPS\WPDATA\VVCA\0001\DOCS 2 (9.2.22 - )\002.1 Purchase and Sale Agmt - Mojave Water Agency.Draft ADB rl 9.14.22
RECORDING REQUESTED BY )
CITY OF VICTORVILLE )
)
AND WHEN RECORDED RETURN TO: )
Mojave Water Agency )
13846 Conference Center Drive )
Apple Valley, California 92307 )
ATTENTION: Allison Febbo, General Manager )
Exempt from Recording fee’s pursuant to CA Gov. Code Section 6103 and/or 27383 (Space above for Recorder’s Use)
APNs: 3070-401-01, 3070-401-02 and 3070-401-11
GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the CITY OF VICTORVILLE, a California municipal corporation, ("Grantor"), hereby grants to the Mojave Water Agency, a public entity organized and operating pursuant to California Water Code Appendix Section 97-1 seq. (“Grantee”), right, title and interest in and to the real property described on Exhibit "A", attached hereto and incorporated herein by this reference, together with right, title and interest in and to the appurtenances pertaining thereto.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the undersigned has executed this Grant Deed on this _ , 2022.
GRANTOR:
CITY OF VICTORVILLE
By:
KEITH C. METZLER
CITY MANAGER
EXHIBIT “A” TO GRANT DEED
LEGAL DESCRIPTION
LEGAL DESCRIPTION
PARCEL A: APN 3070-401-11
THAT PTN OF NW1/4 NW1/4 SEC 1 TP 4N R 6W LYING NLY OF THE FOLL DESC LI BEG AT A PT THAT IS S 1 DEG 18 MIN 01 SECOND W 442.98 FT FROM NW CORNER SD SEC 1 TH S 64 DEG 20 MIN 03 SECONDS E 1280.04 FT TH S 55 DEG 36 MIN 23 SECONDS E 158.14 FT TO ELY LI SD NW.
Located in San Bernardino County, California
PARCEL B: APN 3070-401-01 & 3070-401-02
PARCELS 1 AND 4 OF PARCEL MAP 1817, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16 OF PARCEL MAPS, PAGE 20, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
State of California
County of San Bernardino
On __________ , before me, , Personally appeared Date Name and Title of the Officer
who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ATTACHMENT B
RESOLUTION NO. 22-110
RESOLUTION NO. 22-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE AMENDING THE ANNUAL BUDGET FOR
FISCAL YEAR 2022-2023; RELATING TO AN APPROPRIATIONS
OF ADDITIONAL REVENUE
WHEREAS, in 2006 the City of Victorville purchased Assessor Parcel Numbers (“APNs”) 3070-401-11, 3070-401-01 and 3070-401-02, more specifically described in Exhibit A (“Properties”), for the purposes of future park use; and
WHEREAS, the Properties are no longer considered necessary for the development of a park and therefore have been deemed “surplus” according to Government Code Sections 54220- 54233 under the Surplus Property Land Act (“Act”); and
WHEREAS, Section 54221(f)(1)(D) of the Act defines “exempt surplus land” to include surplus land that is transferred to another local, state, or federal agency for this agency’s use; and WHEREAS, the Mojave Water Agency (the “MWA”) has determined that the Properties meet the needs of the agency for the construction of a regional groundwater recharge facility and therefore desires to acquire the Properties from the City; and WHEREAS, on March 15, 2022 the City adopted Resolution No. 22- 016 declaring the Properties as exempt surplus as such sale and transfer qualifies under the Act Section 54221(f)(1)(D); and
WHEREAS, the City and the MWA have negotiated purchase and sale terms for the transfer of the Properties; and
WHEREAS, the City Manager, of the City of Victorville did heretofore submit to the City Council of the City of Victorville an estimate of the expenditures and revenues of the City for the fiscal year 2022-2023; and
WHEREAS, copies of said budget were prepared and distributed to the City Council and approved on June 21, 2022 and have been available for inspection by the public in the office of the City Clerk of the City of Victorville; and
WHEREAS, the sale of the Properties will generate sale proceeds in the approximate amount of Five Hundred Seventy-Five Thousand Dollars and 00/100 ($575,000.00), less escrow and title fees; and
WHEREAS, a need to amend the budget is necessary to recognize the increase in budget revenue.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2022- 2023 for the City of Victorville be hereby amended to reflect an increase in budget revenue , as shown below and as described in the corresponding agenda item dated October 4, 2022.
Account Amount Adjusted
3540010-46100 $575,000 (sale proceeds)
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by the City departments, offices and subsidiary of the City.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
ATTACHMENT C
PARKS PROPERTIES MAP
Item Number: 9
City Council / Board of Directors
Written Communications
Meeting of: October 4, 2022
Submitted By:
Brian Gengler, City Engineer
Subject:
Wellness Center Project - Phase 1 Supplemental Work Order Recommendation:
That the Honorable City Council approve Supplemental Work Order (SWO) No. 7 resulting in an increase not to exceed $302,968.86 for the Wellness Center Phase 1 construction contract.
Fiscal Impact:
This action will result in a fiscal impact of $302,968.86. This contract is being funded by American Rescue Plan Act (ARPA) funding available for capital projects. There are sufficient funds available from ARPA to cover the capital expenses for this contract.
Please refer to the budget account number and available budget shown below:
Account Funding
Source
Original Funding
Amount
Current
Encumbered
Amount
Remaining
Unencumbered
Amount
Following
Proposed Use
2770010-
55000-97063
ARPA
(Capital)
$17,000,000 $14,910,820 $1,786,211
To date, prior to this recommended award, contracts and purchases totaling an estimated $34,299,435, have been approved for this project. Taking action in accordance with the staff recommendation for this item will increase total contracts and purchases to an estimated $35,878,201.
The Homekey grant requires the City to provide a local funding match of $4,075,190. With these approvals, the City will surpass the minimum match requirement by $8,190,953, with expenditures under Homeless, Housing, Assistance and Prevention (HHAP), ARPA, 2 8
0 5
Permanent Local Housing Allocation (PLHA) and Community Development Block Grant (CDBG) funding.
Although the match of $4,075,190 was budgeted under Measure P in Fiscal Year 2022- 2023, staff is recommending continued use of ARPA funding being used in lieu of Measure P at this time. Use of the ARPA funds in this manner is consistent with the funding plan approved by the City Council on July 20, 2021, and authorization granted to the City Manager to reallocate ARPA funds among funding categories.
Based on the new Homekey expenditure deadline of November 23, 2022 (discussed further in the Background section below), project expenditures from Homekey funding will be prioritized before ARPA funds are utilized.
Background:
The Wellness Center, to be located at 16902 First Street in Old Town, will include a non- congregate design of modular housing buildings with 110 separate units allowing a minimum capacity of 170 beds. The Wellness Center will combine a low-barrier emergency shelter, recuperative care facility, medical clinic, interim housing, and wraparound support services.
On September 29, 2021, City Council approved Resolution No. 21-101 authorizing staff to pursue funding from the California Department of Housing and Community Development (HCD) for Homekey Program funds to construct and operate the Wellness Center. On December 15, 2021, the City was notified by HCD of an award in the amount of $28,004,058 under Homekey Round 2 for the Wellness Center project, of which $23,612,058 was awarded to fund capital construction costs and $4,392,000 for operational expenses.
On March 15, 2022, City Council approved an agreement for construction management with the Pacifica Services, Inc., in an amount not to exceed of $2,373,601. Also, on March 15, 2022, City Council approved the initial ezIQC Sourcewell construction contract/Work Order with Angeles Contractor, Inc. (“ACI”) in the amount of $4,827,947.76, for the construction of Phase 1 of the Victorville Wellness Center (the “Project”).
On April 1, 2022, construction for Phase 1 started. The scope of the Phase 1 construction includes the following: the VVWRA Interceptor through the project boundaries; grading of the site; a stormwater detention basin; and underground utilities for storm drain, sewer, domestic water, fire suppression, electrical and gas. The project was separated into two construction phases to start construction as soon as feasible with the goal of completing construction by December 15, 2022, which was the original Homekey grant deadline.
Phase 1 was started while the plans for the project were being completed. The Phase 1 plans were subsequently approved by the City for grading, drainage, sewer, domestic water, fire suppression, plumbing and electrical.
On April 5, 2022, City Council approved contracts with Connect Homes in the amount not to exceed of $5,067,607.00 for the manufacturing of 46 modular shelter units, and Urban 2 8
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Bloc in the amount not to exceed of $1,200,021.00 for the manufacturing of five modular bathroom units. On June 2, 2022, City Council approved a contract with Connect Homes in the amount not to exceed of $3,385,515.00 for the manufacturing of modular units for four community buildings.
On July 19, 2022, City Council approved SWO Nos. 1 through 4 totaling $763,127.02 for the Phase 1. The increase in cost was due added fabric and rock under two building pads, additional dewatering for a VVWRA interceptor, and transportation costs for Connect Homes modular shelter units.
The plans for Phase 2 of the Project were subsequently completed to include street improvements, structural work, architectural work, and landscaping. The scope of the Phase 2 construction includes a sewer lift station and grease interceptor; street improvements, a fire access road, a parking lot; building foundations; anchoring the modular buildings to the foundations; electrical wiring; utility connections to the buildings; finishes on the community buildings; food service equipment in the cafeteria building; wood decking for porches and patios; accessible concrete sidewalk and paths; irrigation; landscaping; fencing; gates; and other miscellaneous improvements.
On August 16, 2022, City Council approved a construction contract / Work Order with Angeles Contractor Inc., for the Phase 2 construction of the Wellness Center Project in an amount not to exceed of $15,427,974.88. On the same agenda, City Council approved the purchase, manufacturing and delivery of the sewer lift station from ROMTEC Utilities in the amount of $292,277.88.
There have been delays in the project schedule, mainly due to ground water being higher than expected, revisions to the plans and delays in procuring various equipment and materials. As stated previously, the original completion date for construction required by the Homekey grant award was December 15, 2022. However, as authorized within the Homekey Standard Agreement, staff requested a time extension from HCD, which administers the Homekey grant program, to allow for the completion of construction beyond the original Homekey construction deadline. On September 1, 2022, staff received notice from HCD that the construction deadline would be extended by 100 days to March 25, 2023. On September 12, 2022, staff received notice from HCD that the expenditure deadline would also be extended by 100 days to November 23, 2022.
Discussion:
Construction for Phase 1 of the Wellness Center started on April 1, 2022. The scope of the Phase 1 contract includes the following: construction of the VVWRA Interceptor through the project boundaries; grading of the site; a stormwater detention basin; and construction of underground utilities for storm drain, sewer, domestic water, and fire suppression.
There will be additional costs incurred due to plan revisions and changes to the scope of work that occurred after the Phase 1 contract was priced in March of 2022. SWO No. 7 has been prepared which documents the work scope and costs for the changes. SWO 2 8
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No. 7 includes added work scope for electrical work for the SCE electrical service to the project site. This work was not shown on the plans which were included for the award of the original contract. The additional work included an additional length of underground conduit, a relocated main service connection point, and a relocated main electrical switchboard. The backup for SWP No. 7 is included in Attachment A.
Shown in the Table 1 below is a summary of the SWO to date for the Phase 1 construction contract.
Table 1
Supplemental Work Order Summary
SWO
No. Description Amount
1 Fabric & rock under building pads 5, 6 & 7 $ 120,399.24 2 Dewatering system for VVWRA interceptor $ 165,785.99 3 Additional dewatering system for VVWRA interceptor $ 254,552.92 4 Transportation - Connect Home 46 modular shelter units $ 222,388.87 7 Offsite electrical work for SCE service $ 302,968.86 Total $ 1,066,095.88
Shown in the Table 2 below is a summary of the SWO Phase 1 construction contract costs.
Table 2
Phase 1 Construction Contract Summary
Original Contract Amount $ 4,827,947.76
SWO Nos. 1-4 (previously approved) $ 763,127.02 SWO No. 7 $ 302,968.86
Total Contract Amount $ 5,894,043.64
SWO Nos. 5 and 6 are being reviewed by City staff and the City’s construction manager, Pacifica Services, Inc. Staff will recommend approval of SWO Nos. 5 and 6 at a future City Council meeting once this review is complete.
Staff and Pacifica Services, Inc., have reviewed the added work and associated costs an recommend approval. Staff recommends that the Honorable City Council approve SWO No. 7, resulting in an increase not to exceed $302,968.86 for the Wellness Center Phase 1 construction contract.
Staff remains available for any questions the City Council may have.
Attachments: A. Supplemental Work Order Backup
ATTACHMENT A
Work Order Signature Document
EZIQC Contract No.: CA-R8-GB06-123021-ACI
V
ictorville Wellness Center, phase 1 - supplemental #7
New Work Order
102420.07
Modify an Existing Work Order
Work Order Title:
Work Order Number.: Work Order Date:
X
09/23/2022
Contractor Name:
Contact:
Phone:
Contact:
Phone:
Jay Kwon
714.290.7437
Owner Name: City of Victorville
Scott Webb
760.955.5135
Angeles Contractor Inc.
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R8-GB06-123021-ACI.
Brief Work Order Description:
See DSOW
X Will not apply:Liquidated Damages Will apply:
Estimated Completion Date:
Estimated Start Date: T
ime of Performance
Work Order Firm Fixed Price: $302,968.86
Owner Purchase Order Number:
Approvals
Date DateAngeles Contractor Inc.City of Victorville
2.00
9/23/2022
Work Order Signature Document
3.00 Detailed Scope of Work
Scott WebbJay KwonTo: From:
Angeles Contractor Inc.
783 Phillips Drive
City of Industry, CA 91748
714.290.7437
City of Victorville
14343 Civic Dr.
Victorville, CA 92392
760.955.5135
Work Order Number:
September 23, 2022Date Printed:
102420.07
Victorville Wellness Center, phase 1 - supplemental #7Work Order Title:
Brief Scope: See DSOW
Revised FinalPreliminary X
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.
PHASE 1 SUPPLEMENTAL WORK ORDER #102420.07 [SWO #7] SCOPE OF WORK:
I. SOUTHERN CALIFORNIA EDISON OFFSITE ELECTRICAL LINE EXTENSION PER APPROVED DRAWING NO. 1403791_0.01 SHEETS 1 THROUGH 8;
II. The Contractor shall perform all scope of work and shall provide all labors, materials, equipment, and tools necessary to complete in a workmanlike manner.
· Perform all trenching, backfill and compaction for underground electrical conduit runs. · Provide conduits, pull box, handhole, pole riser per Edison plans. · Provide conduits string and pull rope and perform mandrel test. · Sawcut and remove existing asphalt and concrete pavement, reconstruct the same area after completing underground works.
· Provide traffic control during all work activities as needed. ·
III. Clarifications and Exclusions;
1. All electrical wirings shall be furnish and install by utility company Southern California Edison.
2. Electrical pole shall be furnish and install by Southern California Edison.
3. Street light pole, fixture, wiring and concrete base shall be furnish and install by Southern California Edison.
Phase 1 contractor will provide underground conduit for this street light.
4. Provision of tansformer slab box is included in Phase 1 base contract.
Subject to the terms and conditions of ezIQC Contract CA-R8-GB06-123021-ACI.
9/23/2022
Scope of Work
Detailed Scope of Work Continues..
W
ork Order Title:
Work Order Number: 102420.07
Victorville Wellness Center, phase 1 - supplemental #7
Angeles Contractor Inc. Date
DateCity of Victorville
9/23/2022
Scope of Work
4.00 Contractor's Price Proposal - Summary
Owner PO #:
V
ictorville Wellness Center, phase 1 - supplemental #7
102420.07
CA-R8-GB06-123021-ACIIQC Master Contract #:
Work Order #:
Title:
Re:
September 23, 2022Date:
Proposal Value:
Contractor: Angeles Contractor Inc.
$302,968.86
$302,968.86SWO #7-Edison Offsite Electrical Line Extension Proposal Total
Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$302,968.86
The Percentage of NPP on this Proposal: 97.85%
9/23/2022
Contractor's Price Proposal - Summary
5.00 Contractor's Price Proposal - Detail
Victorville Wellness Center, phase 1 - supplemental #7
102420.07
CA-R8-GB06-123021-ACIIQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Re:
September 23, 2022Date:
Proposal Value:
Contractor: Angeles Contractor Inc.
$302,968.86
(Excludes)Equip. MaterialLabor
Line TotalDescriptionUOMMod.ItemSect.
SWO #7-Edison Offsite Electrical Line Extension
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal.
1 $6,521.86EA
Installation =x x 6,521.86
FactorUnit PriceQuantity Total
1.00 1.1000 5,928.96
PHASE 1 SWO #7-Bond Fees calculated at 2% of total amount of $296,448.10 33 70 00 00 1001 Southern California Edison Offsite Electrical Line Extension2 $296,447.00LS Installation =x x 296,447.00
FactorUnit PriceQuantity Total
NPP
230,000.00 1.2889 1.00
SWO #7-NPP Item for Southern California Edison offsite electrical line extension ref. Drawing 1403791_0.01 sheet 1 through 8. Contractor scope is to provide underground PVC conduit runs with string/pull rope and mandrel test, pull box, handhole and pole riser conduit and associated traffic control , sawcut concrete, trenching, temporary asphalt patch, permanent street asphalt and concrete pavement repairs $302,968.86Subtotal for SWO #7-Edison Offsite Electrical Line Extension Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$302,968.86
The Percentage of NPP on this Proposal: 97.85%
9/23/2022
Contractor's Price Proposal - Detail
102420.07
Victorville Wellness Center, phase 1 - supplemental #7T itle Job Order Re:
Date: 9/23/2022
Contractor's Non-Prepriced
Worksheet
1.00 230,000.00 X Install Quantity: = Install Total: $230,000.00Install Price:
Southern California Edison Offsite Electrical Line ExtensionLS33 70 00 00 1001
ITEMSECTION UOM DESCRIPTION
Factor:X
Line Item Total:=
1.2889
$296,447.00
For Work Performed with the Contractor's Own Forces:
A.
B.
C.
Direct Labor Costs through Foreman Level
(Current Prevailing Wage Rate + Published Fringe Benefits) Direct Material Costs (Supported by 3 Quotes)*
Direct Equipment Costs (For Equipment NOT in the CTC)
Total Cost for Self-perform NP P Work Task =
(A+B+C) x Non-Prepriced Work Task Adjustment Factor
*Material Cost Quotes
(Attach quotes from listed suppliers/subcontractors. A Justification Letter must be attached if 3 quotes are not furnished.)
1. 2.
$
$
3. $
H.
For Work Performed By Subcontractors:
G. Subcontractor Costs**
(Supported by Quotes) (This Should be the Price Entered into PROGEN) I. Total Price for NPP Items being Performed by Subcontractors = G x H Contractor's Non Pre-Priced Adjustment Factor 1.2889
**Subcontractor Cost Quotes
Convert to Unit Price
(Attach quotes from listed suppliers/subcontractors. A Justification Letter must be attached if 3 quotes are not furnished.)
1. $3.
$
$
2. Non-Prepriced Worksheet Page 1 of 7
Item Number: 10
City Council / Board of Directors
Written Communications
Meeting of: October 4, 2022
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Consideration of proposed City Council Resolution No. 22-111 adopting revisions to the City of Victorville City Council Policy and Procedures Manual Recommendation:
That the Honorable City Council: (1) Review and Consider the Proposed Revised City Council Policy and Procedures Manual; and (2) Adopt Resolution No. 22-111.
Fiscal Impact:
There is no fiscal impact associated with this action.
Background:
The City Council Policy and Procedures Manual (the “Manual”) was originally adopted on October 3rd, 2017 and revised by further resolutions on September 4th, 2018, October 1st, 2019, June 23rd, 2020 March 16th, 2021 and May 17, 2022.
Discussion:
At the September 6, 2022 meeting, it was moved by Council Member Becerra and approved by a majority vote to have the City Manager and City Attorney review and make recommendations for revisions to the proof of residency section of the City of Victorville City Council Policy and Procedures Manual (the “Manual”). It was requested that the proof of residency section be more robust and provide consequences for not providing proof.
The attached revision to Section 2 proposed for adoption is now being presented for City Council consideration.
Staff remains available for any questions or comments you may have. 2 8
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Attachments: A. Resolution No. 22-111
B. City Council Policy Manual Redlined
C. City Council Policy Manual Clean
Attachment A
RESOLUTION NO. 22-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, ADOPTING REVISIONS TO THE
CITY OF VICTORVILLE CITY COUNCIL POLICY AND
PROCEDURES MANUAL
WHEREAS, on October 3, 2017, the City Council of the City of Victorville (the "City Council") passed Resolution No. 17-056 adopting the City of Victorville City Council Policy and Procedures Manual (the "Manual"); and
WHEREAS, the Manual created a centralized and comprehensive set of rules, policies and procedures governing the conduct of City Council meetings and the carrying out of the day-to-day business of the City of Victorville (the "City"); and
WHEREAS, Section II.B of Chapter 1 of the Manual provides that the Manual shall be reviewed at least biennially and may be revised by resolution of the City Council if and as needed; and
WHEREAS, by adopting Resolution Nos. 18-074, 19-057, 20-055, 21-021 and 22-015 the City Council has since the Manual was first adopted, approved certain revisions to the Manual in order to clarify certain provisions and to incorporate additional procedures to help streamline the conduct of City Council meetings; and
WHEREAS, certain additional issues which have arisen since the Manual's initial adoption and prior amendments have necessitated a number of further revisions; and WHEREAS, the proposed revisions concern the Role and Duties of all Councilmembers, in particular the Annual Review of Residency requirements as addressed in Chapter 2; and
WHEREAS, the City Council finds that adopting the proposed revised Manual attached to this Resolution serves the interests of the City, the City Council, and the public as it streamlines and facilitates the orderly and efficient conduct of City Council meetings and related City business, and also help ensure that the Policy Manual is consistent with California Law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the revised City of Victorville "City Council Policy and Procedures Manual" ("Policy Manual") attached to this Resolution be approved and adopted. The City Council further authorizes the City Manager and City Attorney to make non-substantive changes as may be deemed necessary provided any such changes are shared with the City Council.
Section 2. That this Resolution shall supersede Resolution No. 22-0 15 and take effect immediately upon its adoption.
Section 3. That the City Clerk shall certify to the passage and adoption of this Resolution.
ATTACHMENT B
City of Victorville
City Council Policy and Procedures Manual
Adopted by the Victorville City Council
by Resolution No. 17-056 on October 3, 2017
Revised by Resolution No. 18-074 on September 4, 2018
Revised by Resolution No. 19-057 on October 1, 2019
Revised by Resolution No. 20-055 on June 23, 2020
Revised by Resolution No. 21-021 on March 16, 2021
Revised by Resolution No. 22-015 on May 17, 2022
Revised by Resolution No. 22-111 on October 4, 2022
-i-
TABLE OF CONTE NTS
TABLE OF CONTENTS i
CHAPTER 1 ‐ INTRODUCTION AND PURPOSE 1
CHAPTER 2 ‐ ROLE OF CITY COUNCIL 2
CHAPTER 3 ‐ COUNCIL MEETINGS 11
CHAPTER 4 ‐ AGENDA 19
CHAPTER 5 ‐ MEETING RULES OF CONDUCT AND DECORUM 22
CHAPTER 6 ‐ ADMINISTRATIVE MATTERS 32
CHAPTER 7 ‐ RELATIONSHIP AND CONDUCT 35
CHAPTER 8 – COMMUNICATION AND REPRESENTATION 40
CHAPTER 9 ‐ COMMISSIONS, COMMITTEES AND BOARDS 48
CHAPTER 10 - ENFORCEMENT 52
Chapter 1
1 CHAPTER 1 ‐ INTRODU CTION AND PURPOSE
I. PURPOSE OF MANUAL
A. Compile, Revise and Adopt Rules and Policies. By adopting this Policy and Procedures Manual (“Manual”), the City Council of the City of Victorville (the “City Council” or “Council”) hereby establishes updated Rules of Procedure for the preparation of its agendas, conduct of its meetings, and transaction of other City Business. In addition, by adopting this Manual, the City Council further compiles, consolidates, updates, and supersedes any prior Council Policies, Resolutions, rules, and related administrative procedures that have been formally adopted by the City Council addressing the subject matter and/or the topics discussed herein.
B. Provide Standards and Guidance. The purpose of this Manual is to set a standard of professionalism for the conduct of the City Council’s business. Victorville ha s a long and proud tradition of open government and civil, intelligent public discourse. This Manual is intended to enhance public participation and Council debate so that the best possible decisions can be made for Victorville. While attempting not to b e overly restrictive; procedures, policies, and codes of ethics and conduct are being established and/or clarified so that expectations and practices are clearly articulated to guide City Councilmembers in their day-to-day conduct and actions.
C. Ease of Reference. Having the majority of the rules, procedures, practices and policies (hereinafter collectively “Rules”) of the Victorville City Council consolidated and contained in a single, easily -accessible document will clarify expectations and responsibil ities and will streamline the conduct of meetings and other City Council business in the public interest.
II. EFFECTIVE DATE AND PERIODIC REVIEW/UPDATE OF MANUAL
A. Effective Date. The Rules contained in this Manual shall be in effect immediately upon their adoption by City Council resolution, and shall remain in effect until such time as this Manual is amended and new Rules are adopted and/or updated by City Council resolution.
B. Biennial Review. This Manual will be reviewed at least biennially (once every two years) and be revised by City Council Resolution if and as needed.
Chapter 2
2 CHAPTER 2 ‐ ROLE OF CITY COUNCIL
I. OVERVIEW
A. City Council Acts as a Body. One of the fundamental tenets of city governance is recognizing that the C ity Council acts as a body. No individual Councilmember has extraordinary powers beyond those of other members. Although the Mayor and the Mayor Pro Tempore (“Pro Tem”) have additional ceremonial, parliamentary and administrative responsibilities as described below and elsewhere in this Manual, with respect to the establishment of policies, voting, and in other significant areas, all members are equal.
B. Establishment of City Policy . City Policy is established and direction is given to City staff by a majority vote of the Council. Neither the Mayor nor the Mayor Pro Tem has veto power or any other policy-making authority beyond that of the other Councilmembers.
C. Decisions of Majority of Body Binding on City Council. While individual Councilmembers may disagree with decisions of the majority, a decision of the majorit y does bind the City Council to a course of action and provides City staff with clear direction to follow. Similarly, City staff is responsible to ensure that the policy set by the City Council is implemented and upheld consistent with the wishes of the majority. Implementation of City Council policy by staff does not reflect a bias against Councilmembers who held a minority opinion on an issue.
II. COUNCIL ELECTION AND GOVERNANCE
The City of Victorville is governed by a five -member City Council elected t o four-year terms on a staggered basis. Councilmembers are elected in the general election in November of even - numbered years. The Mayor and Mayor Pro Tem will be appointed by a majority vote of the entire membership of the City Council. The City Council shall appoint the Mayor and Mayor Pro Tem for one-year terms at the first regular meeting in December of every year or as soon thereafter as feasible and, when applicable, following the certification of election results and seating of new City Councilmembers. The newly -appointed Mayor and Mayor Pro Tem assume their positions immediately following the majority vote.
The nomination and appointment procedure for the offices of Mayor and Mayor Pro Tem shall be conducted in successive order and as shown below.
1. The City Clerk opens nominations.
2. The City Clerk receives up to one nomination per Councilmember until no further nominations are forthcoming. Seconds are not required.
3. The City Clerk closes nominations.
Chapter 2
3 4. The City Clerk calls on each Councilmember to cast by verbal vote the name of his/her nominee of choice.
5. The City Clerk announces the outcome of the vote and declares the appointment upon a majority vote of the full membership.
6. If an appointment is not confirmed, the City Clerk repeats the foregoing procedure once more on the prospect of the City Council reaching agreement.
The newly-appointed Mayor shall preside over the process for the office of Mayor Pro Tem, unless he/she prefers the City Clerk facilitate the appointment.
Should the City Council be unsuccessful in its appointment efforts, whether it be by insufficiency of votes or failed action p ursuant to Chapter 5, Section R, Tie Votes, the item shall be reconsidered during the next regular City Council meeting in expectation of securing the requisite consensus of the full body. If such consensus is not gained after the second consecutive Counci l meeting during which one or more appointments were considered, the sitting Mayor and/or Mayor Pro Tem, as applicable, shall remain in office until the next annual organizational meeting.
III. ROLE AND DUTIES OF MAYOR
A. Official Ceremonial Head of City. The Mayor is recognized as the official head of the City for all ceremonial purposes and shall perform such other duties consistent with the office as set forth in this Manual and as may be delegated to the Mayor by majority vote of the City Council.
B. Presiding Officer. The Mayor is the Presiding Officer at all meetings of the City Council and acts as the chair. In this role, the Mayor has authority and discretion
1. to pr eserve order at all Coun cil me etings by facilitating the effective conduct of business during meetings and assisting, when deemed necessary, fellow Councilmembers in understanding their roles and responsibilities in municipal governance;
2. to enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of this Manual;
3. to determine the order of business at meetings of the City Council; and
4. to require any person addressing the City Council to be sworn as a witness and to testify under oath when, for example, testifying in judicial or quasi -judicial proceedings. The Mayor or other Presiding Officer shall also require such swearing-in if directed to do so by a majority of the Council.
Chapter 2
4 C. External Communication of Policy. The Mayor is to faithfully communicate the position of the Council majority in matters of policy.
D. Seating Arrangement for City Council. The Mayor assumes the center chair on the dais and oversees the seating location of the other Councilmembers at all meetings of the Council, in council chambers or elsewhere. The Mayor will, following each Council election of officers and at such other times as the Mayor deems it necessary, establish the seating arrangement of the Councilmembers. The Mayor Pro Tem will always be seated immediately next to the Mayor.
E. Signing Documents. The Mayor, whenever available, shall sign all ordinances, resolutions and other documents that have been a dopted and authorized by the City Council and require an official signature. However, the City Manager or another City official may sign certain documents when so authorized by Council action and/or the provisions of the Victorville Municipal Code .
F. Absence of Mayor. In the absence of the Mayor, the Mayor Pro Tem performs the duties of the Mayor, including acting as the Presiding Officer at meetings. When both the Mayor and the Mayor Pro Tem are absent from any meeting of the Council, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of th e Mayor or Mayor Pro Tem, or until adjournment, whichever comes first.
G. New Councilmember Orientation. The Mayor will lead, with the assistance of the City Manager, new Councilmember orientations.
IV. ROLE AND DUTIES OF ALL COUNCILMEMBERS
A. Annual Review of Residency
Government Code Section 36052(a) requires Councilmembers of this City to maintain a legal residence or domicile within the City of Victorville and rules regarding residency are further discussed in Section 243 and 244 of the Government Code. To properly ensure compliance, Councilmembers shall be required to certify with the City Clerk annually, their residency or domicile within the City of Victorville.
Acceptable forms of proof of residency are as follows:
Councilmembers are required to live in the District they represent and are required to live in the City of Victorville during their entire term in office. To ensure that the Councilmembers continue to live in the area they represent, each elected official must submit one of the following documents to the City Clerk during the first 31 calendar days of the year ( January
Chapter 2
5 1st to 31st):
1. Proof of home ownership as evidenced by:
1) a copy of a title deed or grant deed, a mortgage payment billing statement verifying the address or any other document that can verify home ownership and residency of the property, or
2) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is their primary residence.
If the elected official does not have a tax exemption on file they must submit an affidavit signed by the elected official verifying that the home is their primary residence; or
If the home ownership is in the name of a person other than the elected official, or in the name of a legal entity, such as a trust, partnership or corporation, the elected official must submit an affidavit signed by the homeowner or authorized legal representative of the entity verifying that the elected official is living in the home as their primary residence; or If the residence is rented or leased by the elected official, the elected official will provide proof of residency by submitting a signed copy of a current and legally enforceable lease or rental agreement demonstrating that the elected official resides at the specified address; or
If an elected official is living at a residence without a lease/rental agreement the elected official must have the landlord or property owner sign an affidavit verifying, under penalty of perjury, the elected official's residency in landlord or owner's property
2. Proof of current motor vehicle registration, if any motor vehicles are registered to the elected official for the residence claimed or proof of a valid California driver's license showing their address on their license is within the Disrtict they represent. If the residence address on either the driver's license or auto registration is in process of being changed, the elected official must provide a document from the California Department of Motor Vehicles (Form DMC14) verifying the change is in process. If the elected official does not own an automobile or does not have a California driver's license, the elected official must submit any other State of California issued identification showing that their address on the identification document is consistent with the address shown on their current voter registration.
3. A current utility bill in the elected member's name showing that the service address is within the respective District for the Councilmember in the elected official's name. In the event a utility bill has not been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the elected official's name will suffice. If there is an agreement with a landlord or other legal enti ty, as verified by a rental contract or lease contract, that the landlord or other legal entity will pay the utility bill, the elected official must submit an affidavit signed by the landlord or the other legal entity's
Chapter 2
6 authorized legal representative, verifying that the landlord or other legal entity is responsible for paying the utility bill.
4. Other documents showing current residence address in the respective District for Councilmembers:
A. School records or any official document issued by an accredited educational institution, sealed by the school.
B. Current paycheck stub or personnel record issued by the elected official's employer.
C. Current homeowner or renter insurance policy.
D. Current documents issued by any California court or a federal court that lists the name of the elected official and their residence address.
E. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal credit union, or any institution or entity that has issued a credit card.
Additionally, the elected official must sign an affidavit verifying, under penalty of perjury, residency.
In the event that a Councilmemb er moved to a new residence within the District, after the filing of the previous affidavit, the elected official must confirm the new address within 60 days of moving by providing one of the documents listed in items 1 through 4 and an affidavit to the City Clerk.
Incumbent elected officials who have not relocated since the information required by this Section was last provided may comply with this Section by supplying a copy of a current driver's license or State of California issued identification card and an affidavit that they have not relocated and all previously supplied information remains true and correct. The City Clerk shall confirm that the residence address on the incumbent elected official's voter registration is consistent with the other ite ms supplied to demonstrate the residence address in the respective District that residence is claimed for serving in a City Council seat.
Failure to provide any of the above-required documents on or before January 31st of each year shall be referred to t he City Council for further action and could result in his/her office becoming vacant in accordance with Government Code Section 36502, and the City Council could take an action to remove said Councilmember.
Government Code Section 36502(a) provides:
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7 “A person is not eligible to hold office as councilmember…unless he or she is at the time of assuming the office an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate…If, during his or her term of office, he or she moves his or her place of residence outside of the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant.”
Alternatively, for non-compliance with this Section, the Council could consider taking action to remove the Councilmember from committee assignments and access to public facilities outside of normal working hours.
B. Advance Preparation for Meetings.
1. Prior Review of Agenda Materials. Prior to attending Council and committee meetings, study sessions and/or workshops, Councilmembers shall read or otherwise familiariz e themselves with each agenda and supporting documentation for the items thereon.
2. Seek Prior Clarification of Agenda Materials. In respect for everyone’s time and to help ensure that individual Councilmembers may be equipped to make informed decisions, do his/her best work, and move meetings forward in a meaningful way, it is incumbent upon each Councilmember to promptly seek answers to questions he/she may have about the posted agenda items and agenda -package materials for the immediately pending meeting. Toward fulfilling these objectives, Councilmembers should seek the aforementioned assistance from the City Manager, City Attorney, City Clerk, or such Senior Management as the City Manager may designate (e.g., Assistant City Manager, Deputy City Mana ger, City Engineer, Public Information Officer, City Department Directors, or the Police Chief) as soon as possible after receipt of the agenda package and prior to the meeting to which the agenda package relates.
3. Avoid Unfair Surprise . Councilmembers should advise the City Manager in advance of issues or questions they intend to bring up at a public meeting. This refers to issues and questions that City staff would not normally anticipate or have researched for that particular meeting.
4. Report Possible Absences. Each Councilmember shall report immediately to the Mayor and City Clerk any likelihood of absence in order to ensure the most effective facilitation of City Council meetings. To the extent any Councilmembers are absent or going to be absent for two or more consecutive regular council meetings, that Councilmember should seek the consent of the City Council to excuse such absence either prior to the absence, or immediately upon return, which consent shall require majority vote of the quorum.
C. Councilmember Appointments and Assignments . Following nominations by individual Councilmembers, the City Council confirms by a majority vote of the entire membership its appointments to City commissions, boards, and standing committees, as well as its
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8 appointments to the various boards, commissio ns, and committees of outside agencies on which Councilmembers serve as representatives of the City. The nomination process for such appointments shall follow the same nomination procedures as provided in Chapter 2, Section II of this Manual relating to the nomination of Mayor and Mayor Pro Tem. See Chapter 9 as to the roles and duties of such committee, commission, and board appointees, and additional rules relating to nominations and the filling of vacancies. Chapter 9 also provides rules relating to t he creation and purposes of Ad Hoc subcommittees composed of less than a quorum of the City Council.
D. Council Vacancies. Whenever a vacancy occurs in the office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code section 36512 or the provisions of any ordinance adopted by the City Council thereunder. If a vacancy is to be filled by appointment, and in order that the Council may select the candi date best suited to the position, the City shall initiate an application and interview process which shall be robust, uniform, and free from the appearance of impropriety. Except for official communication with the City Manager’s office, which includes the City Clerk, all contact between Councilmembers and candidates regarding the appointment process and/or potential appointment is restricted to a formal interview process during a public meeting. Any candidate who violates this protocol may be excluded from appointment. An ad hoc subcommittee of less than a quorum of the Council shall develop the process for appointment, which is subject to Council approval.
E. Leadership, Goals, and Policy; Ex-Officio Roles of the City Council.
1. Leadership, Goals, and Policy. City Councilmembers are elected to provide leadership in setting goals and in formulating policies. The City Council is the focal point for identifying and interpreting the wishes of the citizens and translating these into specific programs.
Successful goal setting and policy formulation largely depend on a good working relationship amongst the Council and between the Council and the administrative staff.
Under the City Manager’s direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and calculating the costs of proposals. However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City.
2. Ex-Officio Roles. The Cit y Council also serves as the Boards for the Victorville Water District (“VWD”), the Southern California Logistics Airport Joint Powers Authority (“SCLAA”), the Southern California Logistics Rail Authority ("SCLRA”), the Library Board of Trustees, the Succe ssor Agency to the Victorville Redevelopment Agency, the Housing Assets Successor, and the Victorville Joint Powers Financing Authority (“JPFA”), with all meetings being held concurrently. References made in this Manual to the City Council also include the Council when acting in it its roles as the boards of the aforementioned entities.
F. Engaging in Legislative and Quasi -Judicial Decisions/Acts . Almost all actions or decisions
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9 made by the City Council fall into one of two categories: legislative or quasi-judicial.
1. Legislative. These actions/decisions formulate rules to be applied to all future cases.
Examples include, but are not limited to: adoption and amendments to municipal codes, general plans, zoning codes, and personnel regulations. These actions are generally taken by ordinance or resolution.
2. Quasi-Judicial. While legislative actions establish public policy and rules applicable to groups of property or people, quasi -judicial proceedings affect individual properties o r parties. Quasi -judicial proceedings involve the application of established standards to individual facts to determine specific rights or to take specific actions under existing law.
3. Due Process. The distinction between these two types of acts/decisions comes into play in the due process afforded to parties (particularly in the public and appeal hearing context), as explained in more detail in Chapter 3, Section VI of this Manual.
G. Issuing Subpoenas. Pursuant to Government Code section 37104, the City Council may issue subpoenas to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before the Council. The form of oaths administered by the City Clerk will be substantially in the following form:
<Name of affiant>
“I hereby declare or affirm under penalty of perjury that the testimony I am about to give before the City Council is the truth.”
H. Compliance with Code of Ethics. On July 7, 2009, the City Council adopted Resolution No. 09- 059 establishing a Code of Ethics setting forth principles and standards of conduct to be observed by all Councilmembers. Immediately upon adoption of this Manual by resolution of the City Council, Resolution No. 09-059 shall be superseded in its entirety by the provisions of Section V, below.
I. Handling Concerns or Complaints from the Public and Staff. Councilmembers shall function within their established roles when listening to concerns or complaints from the public and staff. While it is important to be available when issues arise, Councilmembers shall abide by uniform procedures to ensure matters are handled expeditiously and everyone is treated respectfully and fairly. Councilmembers shall remain neutral when receiving reports, conveying that they have no individual authority to resolve issues and further recognizing that only one side of the stor y is being heard. Councilmembers shall adhere to their policy role pursuant to Chapter 2 of this Manual, being certain not to interfere with the administrative functions of the City or the professional duties of City staff. The same level of care must be exercised when responding to emails as is described for personal interactions.
Councilmembers shall use the following procedures when handling concerns or complaints:
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10 1. Receive - Listen to what the person has to say without preparing a response.
2. Repeat - Paraphrase or ask a question to clarify for understanding. Ask the person to identify those to whom s/he has spoken about the matter prior to contacting a Council member.
3. Request - Ask what the person would like the Council member to do with the information and/or what is seen as a solution to the problem.
4. Review - Indicate that the information will be shared with the City Manager in order that the City Manager or his or her designee may be able to provide a response or additional information as may be necessary.
V. CODE OF ETHICS FOR COUNCILMEMBERS
A. Intent and Purpose. To assure public confidence in the integrity of local government and its effective and fair operation, this Code of Ethics provides a framework for day -to-day actions and decision-making by Councilmembers and represents a commitment to uphold a standard of integrity beyond that required by law. The citizens and businesses of Victorville are entitled to a fair, ethical, and accountable local government that has earned the publi c’s full confidence for integrity. To ensure the effective functioning of democratic government, the City Council requires each of the following:
1. Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government.
2. Public officials be independent, impartial, and fair in their judgment and actions.
3. Public office be used for the public good, not for personal gain.
4. Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
B. Principles and Standards. The principles and standards of ethical conduct for Victorville City Councilmembers are hereby established as set forth below.
1. Act in the Public Int erest. Recognizing that stewardship of the public interest must be their primary concern, Councilmembers will work for the common good of the people of Victorville and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Victorville City Council.
2. Comply with the Law . Councilmembers shall comply with the laws of the nation, the State of California, and the City of Victorville in the performance of their public duties.
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11 These laws include, but are not limited to: the United States and California Constitutions, the Victorville City Charter, the Victorville Municipal Code, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, open government, and City ordinances and policies.
3. Councilmember Conduct . The professional and personal conduct of Councilmembers must be above reproach and avoid the appearance of impropriety. While it is understood that Councilmem bers enjoy First Amendment rights, they shall practice civility and decorum in discussions and debate, and refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the Council, boards, commissions, staff, or the public that is intended to disrupt and not further the City's business.
4. Respect for Process. Councilmembers shall perform their duties in accordance with the processes and rules of order established by the Council governing the delibera tion of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Council by City staff.
5. Decisions Based on Merit. Councilmembers shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.
6. Conflict of Interest. In order to assure their independence and impartiality in the City’s best interest, Councilmembers shall not use their official positions to influence decisions in which they have a conflict of interest.
7. Gifts and Favors. Councilmembers shall follow the laws that apply to the acceptance of gifts or favors as a public official.
8. Use of Title. Councilmembers may use their title only when conducting official City business, for informational purposes, or as an indication of background and expertise.
Individual Councilmembers must be careful not to: 1) exceed or appear to exceed his/her authority, 2) use his/her position to influence others unduly or, 3) use his/her title to improperly gain leverage or preferential treatment.
9. Confidential Information. Councilmembers shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests.
10. Use of Public Resources . Councilmembers shall n ot use public resources, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes.
11. Advocacy. Councilmembers shall represent the official policies or positions of the Council to the best of their ability when desi gnated as delegates for this purpose. When
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12 presenting their individual opinions and positions, Councilmembers shall explicitly state they do not represent the opinion of the entire Council.
12. Positive Workplace Environment. Councilmembers shall support th e maintenance of a positive and constructive workplace environment for their employees, City employees, private citizens, and businesses dealing with the City. Councilmembers shall recognize their role in individual dealings with City employees. Councilme mbers shall not be immune to potential liability and/or legal proceedings by City employees when the rights of such employees who are acting within the scope of their employment have been infringed upon or violated by Councilmembers.
13. Policy Role of Counc ilmembers. Councilmembers shall respect and adhere to the Council-Manager structure of Victorville City government. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, boards, commissions, and City staff. Councilmembers shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions.
14. Enforcement. Councilmembers have the primary responsibility to ensure that this Code of Ethics is followed so the public may have full confidence in the integrity of government.
Although this Code of Ethics and Conduct is intended to “be self -enforcing” and wil l be most effective when Councilmembers are thoroughly familiar with and embrace its provisions, City Councilmembers who intentionally and/or repeatedly do not follow proper conduct may be subject to an informal reprimand (a statement of disapproval) or formal censure as set forth in Chapter 10 of this Manual.
C. Norms and Protocols. The following norms were agreed to by each individual Councilmember present during the Governance Workshops of February 2020 and February 2021.
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13 1) We conduct ourselves in a
professional manner.
2) We respect open government.
3) We value civil, intelligent public
discourse.
4) We seek to be efficient in our
meetings.
5) We treat all members of the
public with respect.
6) We understand our role in
contributing to a positive
workplace environment.
7) We respect the Council -
Manager form of government,
and Councilmembers do not
interfere with the role of the
City Manager or any
professional duties of City staff.
8) We keep confidential matters
confidential.
9) We know that a good working
relationship between Councilmembers
and with staff fosters good goal setting,
policy making and service delivery.
10) We understand that the Council acts as a
body, all members are equal, and policy
direction is only given by a majority vote
of the Council.
11) We understand that staff is obligated to
implement decisions made by the
Council, even if one of us doesn’t agree
with the Council’s decision.
12) We are prepared for Council meetings
and ask our questions of staff in advance
so we can avoid surprising staff at the
meetings. We know this is good
teamwork.
13) We act with high integrity in all matters
and follow our code of ethics.
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14 CHAPTER 3 ‐ COUNCIL MEETI NGS
I. REG ULA R MEET INGS
A. Time and Place . As set forth in Section 2.20.040 of the Victorville Municipal Code, regular meetings of the City Council are held the first and third Tuesdays of each month at 5:00 p.m. (Closed Session) and 6:00 p.m. (Regular Session) in the City Council Chambers locat ed at 14343 Civic Drive, Victorville, California. City Hall will be open and accessible to Councilmembers during regular City business hours and at such times as regular and special meetings of the City Council are being held. Regular City business hours are: Monday through Thursday 7:30 a.m. to 5:30 p.m. and Friday 7:30 a.m. to 4:30 p.m.
B. Compliance with Ralph M. Brown Act . To ensure that the deliberations and actions of the City Council are conducted openly and to ensure meaningful public participation, all meetings of the of the City Council shall be held in compliance with the provisions of the Ralph M.
Brown Act, Government Code Section 54950 et seq. (the “Brown Act”).
II. SPECIAL MEETINGS AND EMERGE NCY MEE TINGS
A. How Called and Held. Special meetings and emergency meetings of the City Council may be called by the Mayor or majority of the City Council and held from time to time consistent with and pursuant to the procedures set forth in the Brown Act. Any special meeting called pursuant to this section shall not be scheduled unless a majority of the City Council has confirmed their availability.
B. Accommodate the Public. To be respectful of the public, unfinished business in any special meeting held immediately prior to a regularly-scheduled meeting should be suspended until the regular meeting is adjourned.
III. CONSIDERATION OF NEW BUSINESS/CANCELLATION OF MEETINGS
A. Consideration of New Business. No new item of Council business as posted in the Written Communications portion of the meeting agenda (See Sections V.B and VI.F of this Chapter) shall be considered after 10:00 p.m. unless approved by a majority vote by the Council. New business not taken up by the Council shall be carried over to the next regular City Council meeting, or the meeting may be adjourned to a date specific at Council’s direction.
B. Cancellation of Meetings. Any regular or special meeting of the Council may be cancel led in advance by a majority vote of the Council during a prior meeting of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have advised the City Clerk of their unavailability to attend a meeting. The City Manager may cancel a meeting when he/she determines there is no business to be conducted at the meeting.
Appropriate notices will be provided. Solely for the purpose of confirming unavailability of members prior to cancelling a meeting, the City Clerk may poll the members of the City Council provided that the City Clerk does not communicate to any Councilmember the
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15 responses of any other Councilmembers polled. Written notice of cancellation shall be given to each Councilmember and further shall be post ed and distributed to the same parties and in the same manner as the agenda for regular meetings.
IV. MEETING MINUTES
A. Action Minutes. The City Council will use action minutes , which, at the discretion of the City Clerk, will contain either very little, if any, narrative content or a light summary to record their proceedings both during Open Session and Closed Session discussions. Action minutes will include final motions and will note for the record how each Councilmember voted. The minutes will als o reflect the names of public speakers, if stated, and may contain brief summaries of the nature of comments, and in public hearings whether they spoke in support or opposition of the agenda item at issue. The City Clerk will have exclusive responsibility for preparation of the minutes, and any corrections to the minutes will be made by majority vote of the City Council.
B. Reading Not Required. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, the minutes may be approved without a reading if the City Clerk has previously furnished the draft minutes in the City Council agenda packet.
C. Draft Minutes. Draft minutes of meetings are generally submitted to the Council for approval with the agenda pack et. Any Councilmember who was absent from the prior meeting may participate and vote on the approval of the minutes and need not abstain on the approval of the minutes for that meeting.
D. Recordings. Recordings of all regular and special meeting proceedings are maintained by the City Clerk for a period of 2 years or as provided for in the City’s currently -adopted records- retention schedule. Closed Session discussions shall not be recorded unless mandated by a court of competent jurisdiction. The City Clerk shall take action minutes of all Closed Session items.
V. CONDUCT OF BUSINESS
A. Generally. The order of business for a Council Meeting is generally shown on the agenda in the order set forth in Section B, below, but may be modified when necessary on a case -by- case basis by the Mayor on his/her own prerogative or by the City Manager, as the Ma yor may deem appropriate.
B. General Order of Agenda Items of Business for Council Meetings.
1. Closed Session
• Call to Order/Roll Call
• Public Comment on Closed Session Items
• Declaration of Closed Session Items by City Attorney
• Recess to Closed Session
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16 • Adjourn Closed Session
• Return to Open Session
• Closed Session Announcements by City Attorney
2. Regular Session
• Call to Order/Roll Call
• Closed Session Announcements by City Attorney (to the extent not made immediately following Closed Session as noted above)
• Invocation/Pledge of Allegiance
• Proclamations/Special Presentations
• City Clerk Presents Agenda/Revisions to Agenda to the City Council • Conflict of Interest Declaration(s)
• Public Comments on any agenda item, except for public hearing items, as well as on topics of interest to the public that are within the subject matter jurisdiction of the City Council
A. Appeal Hearings
B. Public Hearings
C. Consent Calendar
D. Written Communications
E. City Manager Reports/Possible Upcoming Agenda Items/Reports from Council Members
3. Adjourn
C. Public Interest . The public interest shall be taken into consideration when the order of business on the agenda is modified. When feasible, topics anticipated to be of greatest interest to the public will be placed at the beginning of the agenda.
VI. DESCRIPTION/EXPLANATION OF PURPOSE OF CERTAIN AGENDA ITEMS
A. Closed Session . The City Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law, to consider or hear any matter that is authorized by State law. The City Council shall exclude from any such closed session any person or persons who it is authorized by State law to exclude from such closed sessions. The general subject matter for consideration shall be shown in the agenda posted for such session pursuant to the procedures set forth in the Brown Act. The City Attorney declares the items on the Closed Session Agenda and makes reports following Closed Sessions in accordance with the Brown Act.
B. Public Comment Periods. Depending on the meeting, these periods are provided at the start of the Closed and Regular Sessions and prior to Council’s consideration of agenda items to satisfy the requirements of the Brown Act. These periods provide the ability for members of the public to address the Council on items appearing on the agenda or on other matters of interest within the jurisdiction of the City Council that do not appear on the agenda.
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17 1. Restrictions. Public Comment Periods should not be uti lized by Councilmembers to the extent said use impinges upon and/or diminishes the time allotted for other members of the public to speak, unless a Councilmember has recused himself/herself from participating in a decision of the Council on a particular ag enda item for a financial or other conflict of interest and further is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in sections 18707(a)(3)(C) and 18704(d)(2) of the regulati ons of the Fair Political Practices Commission (“FPPC”).
2. Reasonable Time, Place, and Manner Limitations. Time and other reasonable limitations may be placed on these comment periods as more particularly described in Chapter 5, Section III of this Manual.
C. Appeal Hearings . Certain decisions made by the City’s Planning Commission, the City Manager, Senior Management, department heads, and/or hearing officers (as specified in the City’s Municipal Code or other applicable law) can be appealed to th e City Council. Such decisions usually involve quasi-judicial matters, e.g., granting or denying of permits/licenses or other entitlements.
1. Quasi-Judicial Decisions. If a quasi-judicial appeal is at issue, the City Council must follow stricter procedural requirements similar to those used in a court. (“Quasi-judicial” means court-like.) Fair hearings and impartial decision -makers are required. Quasi -judicial hearings must be conducted in accordance with the principles of due process. When the City Coun cil is acting as the decision -making body in quasi -judicial hearings, Councilmembers must refrain from testifying as members of the public, as such participation absent a recusal from the decision could impair due process and create conflicts of interest.
2. Other Public Hearings. Public hearings held prior to adoption of ordinances or other legislative/policy matters can follow less strict standards.
D. Public Hearings. In general, a public hearing is an open consideration within a regular meeting of the City Council, for which special notice has been given and may be required. During a specified portion of the hearing, residents or concerned members of the public are invited to present protests or offer support for the matter under consideration, subject to reasonable time and other limitations.
1. When Required. Public hearings may be required on certain items as prescribed by the Victorville Municipal Code and/or st ate and federal law. Some examples of when public hearings are generally required include: zoning changes, some annexations, weed abatement items, introduction and first reading of ordinances, and increases of City fees and charges for utilities and other services.
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18 2. Cancellation and Continuances for Hearings Set by Council . Public hearings set by the City Council may be cancelled by a majority vote of the City Council or at the request of the City Manager or City Attorney for good cause. If needed, cance lled public hearings shall be re-noticed in accordance with applicable law. The City Council may also open a public hearing at a meeting, take testimony, leave such hearing open, and continue it to a date certain without re -noticing, upon a majority vote of the City Council, or by the Mayor at the request of the City Manager or City Attorney for good cause.
3. Continuances for Proponents of Projects and/or Appellants. Proponents of Projects for which a public hearing is required and Appellants who have an appeal hearing scheduled before the City Council shall be granted one continuance of that hearing under the following conditions:
(a) Requests for continuances of public hearings and appeal hearings shall be submitted by the proponent/appellant in writing to t he City Clerk by no later than the close of business on the date of the Council meeting at which the matter is scheduled to be heard.
(b) The written request shall specify: (1) the reason for the request for continuance, and (2) the Council meeting date on which the proponent/appellant desires the matter to be heard.
(c) The City Council reserves the right to continue the public hearing or appeal hearing to a date and time that is least likely to impact the conduct of regularly agendized City business.
(d) If the proponent/appellant is unable to attend the meeting at which th e matter will be heard, the proponent/appellant should designate a representative to appear on his/her behalf.
(e) No further continuances shall be granted unless, in its discretion, the City Council determines by majority vote that it is necessary to do so a fter considering the testimony and findings presented at the hearing.
4. General Public Hearing Procedure. Public hearings shall generally be conducted as follows:
(a) Staff presents its report, either by way of a written staff report or by in -person oral presentation.
(b) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.
(c) The Presiding Officer opens the public hearing.
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19 (d) Members of the public may present their comments, subject to time limits established by the Presiding Officer and/or this Manual.
(e) The Presiding Officer closes the public hearing after everyone wishing to speak has had the opportunity to do so.
(f) Council deliberates and takes action.
5. General Quasi -Judicial Public Hearing Procedure (Land Use Matters and Appeal Hearings). If a public hearing involves a quasi -judicial matter, the provisions of Section VI.C.1 of this Chapter and other due process procedural safeguards will apply. Although the City Attorney shall advise the Council in this regard, such public hearings shall generally be conducted as follows:
(a) Councilmembers disclose any ex parte communications or information obtained outside the Council Chamber, such as field trips, views of the premises, and discussions with individuals.
(b) Staff presents its report, either b y way of a written staff report or by in -person oral presentation.
(c) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.
(d) The Presiding Officer opens the hearing.
(e) The applicant and /or appellant have the opportunity to present his/her comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her case unless additional time is granted by a majority vote of the Council. In the case of an appeal when the appellant is different from the applicant, the appellant should be called up first to provide comments or testimony. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views.
(f) Members of the public may present their comments, subject to time limits established by the Presiding Officer and/or this Manual.
(g) The applicant and/or appellant have the opportunity to present his/her rebuttal comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her rebuttal case unless additional time is granted by a majority vote of the Council. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views.
(h) The Presiding Officer closes the hearing after everyone wishing to speak has had the opportunity to do so.
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20 (i) Council deliberates and takes action.
E. Consent Calendar. Items on this portion of the agenda include matters considered to be of a routine, administrative, or non‐controversial nature, such as approval of the minutes for a prior meeting(s), approval of the register of demands, and second r eadings of ordinances.
Any discussion shall be limited in nature, and those items so listed shall be approved and adopted by one motion of the Council and a roll call vote.
1. Clarification or Comment. Councilmembers may comment on Consent Calendar items or ask for minor clarifications without the need for pulling the item for separate consideration. To do so, Councilmembers must gain the Presiding Officer’s recognition immediately after the Consent Calendar is announced and before a vote is invited.
2. Pulling Consent Calendar Items . Only those items that require detailed deliberation should be pulled for separate consideration by Councilmembers. This must be done by making a request immediately after the Consent Calendar is announced by the Presiding Officer. If a request is made, it shall serve as a motion to remove an item or items and must be seconded before a vote of the Council may be taken. If the motion to remove receives a majority vote, said item(s) shall be removed from the Consent Calendar and added as the final item(s) for Council’s consideration in the Written Communications portion of agenda. If a motion to remove an item or items is not seconded, the motion to remove shall fail and the Council may proceed with voting on the Consent Calendar in the manner set forth in Section VI.E, above.
3. “No” Vote without Pulling Item. It is acceptable to register a “no” vote on an item on the Consent Calendar without pulling the item for separate consideration. The Councilmember would state that he/s he wishes to vote “no” on the item before the Presiding Officer or City Clerk calls for the vote. After the vote, the City Clerk will announce the outcome as: “Motion carries unanimously with the exception of Councilmember A voting ‘no’ on item x.”
F. Written Communications. Items on this portion of the agenda are each discussed/debated and voted on separately.
G. Reports from City Manager . The City Manager provides brief general announcements of current events and matters of interest to Council and the public. In accordance with the Brown Act, no substantive discussion of specific matters is permitted.
H. Discussion and Possible Action Regarding Items for the Upcoming Agenda . At this time, Councilmembers may make motions to place items on an upcoming agenda. The procedural requirements applicable to this item are in Chapter 4, Section III.
I. Reports from Councilmembers . This portion of the agenda p rovides Councilmembers the opportunity to briefly comment on City events or projects germane to the business of the
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21 City. Councilmembers may also make oral reports on meetings and events attended at the City’s expense. In accordance with the Brown Act, no substantive discussion of specific matters is permitted. Reports from Councilmembers are limite d to three (3) minutes per Councilmember, and that time cannot be used to reargue failed motions. The City Clerk has the responsibility to assist Councilmembers with time limits by signaling when the Councilmember is nearing his/her three-minute speaking limit.
Chapter 4
22 CHAPTER 4 ‐ AGEN DA
I. GENERAL PURPOSE OF THE AGENDA RULES
A. General. The following rules relating to the agenda for City Council meetings are based on the premise that it is in the interest of good government that the City Council be fully informed on all matters upon which it is called to act. The City Council relies u pon City staff to perform research, review potential courses of action, furnish technical information, and recommend solutions to various problems of City Government and recognizes that proper, thorough research and investigation requires time to ensure that the City Council has sound background information before it takes action.
B. Council Preparation . To foster the orderly, effective, and efficient conduct of meetings and ensure the necessary business of the City is transacted, each Councilmember has a duty to review and be familiar with the agenda materials in advance of each meeting. (See Chapter 2, Section IV.A of this Manual.)
II. AGENDA PREPARATION
A. In General. Agendas for regular and special meetings are prepared and posted by the City Clerk in accordance with provisions of the Brown Act, this Chapter, and all other applicable rules and laws. The content of each agenda is overseen by the City Manager in consultation with the City Clerk (and the City Attorney as necessary) concerning the sequence of agenda items and other procedural matters.
B. Agenda Item Submission Schedule. Pursuant to a schedule established from time to time by the City Clerk in consultation with the City Manager, draft agenda items are submitted to the City Clerk’s office prior to each meeting. A draft agenda document is prepared by the City Clerk and i s provided to the City Manager and staff each Tuesday of the week prior to the regularly-scheduled City Council meeting. A copy of the draft agenda is then reviewed by the City Manager, City Attorney, City Clerk, and Senior Management the following Wednesday morning during its standing meeting.
C. City Manager Review. The City Manager reviews and approves all items for each Council agenda. The final agenda items, including staff reports and attachments, are then submitted to the City Clerk, compiled into the final Agenda packet, and distributed to the Council on the Thursday preceding each regularly-scheduled meeting. The agenda packet is simultaneously made available to the public and posted on the City’s website by the City Clerk in accordance with the Brown Act. Once the agenda packet has been delivered to the City Council, items may be added to that agenda by the City Manager or the City Attorney when necessary, provided a supplemental or revised agenda is prepared and posted by the City Clerk in co mpliance with the Brown Act. In addition, the City Council may take action on items not appearing on the agenda, which are commonly referred to as emergency or urgency items, provided doing so complies with the provisions of Government Code section 54954.2(b).
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23 D. Minimum Requirements. The agenda specifies the time and location of the meeting and a brief general description of each item of business to be transacted or discussed, including items to be discussed in Closed Session, if any. Each agenda ite m description includes a recommendation to the City Council of the action to be taken.
III. AGENDA ITEM SUBMISSION
A. Placing Items on the Agenda . As provided in sections B, C, and D, below, persons who may place matters on the agenda are City Councilme mbers; the City Manager or his/her designated Senior Management staff; and the City Attorney. The City Council may also consider a request from a member of the public to place an item on a future agenda.
B. Councilmember Agenda Requests . To place an it em on a future agenda, any Councilmember, including the Mayor, may make a motion or a request to do so during the “ Discussion and Possible Action Regarding Items for the Upcoming City Council Agenda” portion of the agenda. In addition, a Councilmember, including the Mayor, may at any time during a meeting make a request or motion to place an item on a future agenda, if the item proposed for future consideration arises in direct relation to an item being discussed. Any request(s) made by a Councilmember sh all be done with a simple contextualization and shall not exceed three (3) minutes unless there is an agreement by a majority vote of the Council to extend the time. No substantive discussion on the subject of the motion or request may occur except to explain the general nature of the item and the issue of timing for its placement on a future agenda. Limited questions may be asked for clarification or to help Councilmembers ascertain whether the motion or request is timely.
1. Second and Majority Vote Required. If the motion or request to place an item on a future agenda is seconded and approved by a majority vote of those Councilmembers present, the proposed item will be placed on a future agenda. If there is no second, the motion dies and may not be propose d again at future meetings without the requisite suspension of rules for reconsideration.
2. Timing Direction . If the motion provides specific direction regarding timing, the approved item together with a staff report will be placed on a future agenda consistent with that direction. If the motion is silent regarding timing, appropriate City staff will be directed to prepare a staff report, and the approved item will be placed on a future agenda at the earliest suitable time, as determined by the City Manager and the Mayor.
3. Alterations of General Order of Agenda Items of Business. Certain categories of items of business are required by statute to be on every agenda or are necessary to appropriately conduct the business of the City Council in accordance with its adopted Rules of Discussion and Debate and parliamentary procedure (See Chapter 5).
Therefore, recurring categories of items of business such as: Roll Call/Call to Order,
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24 Public Comment Periods, Closed Session Declarations and Announcements, Consent Calendar, Public Hearings, Appeal Hearings, Written Communications, and Council Reports may not be altered without advance review or advice of the City Attorney.
4. Requests for Recurring Agenda Items. Requests by Councilmembers to add the same agenda item to every subsequent agenda are not permitted unless approved by a majority vote of the Council.
C. City Manager and City Attorney. When so directed by a majority vote of the City Council or upon his/her own initiative when circumstances warrant, the City Manager and the City Attorney may place items on the agenda.
D. Agenda Requests by Members o f the Public . Upon agreement of a majority of the City Council, the City Council will determine whether to place on a future agenda an item requested by the public. A member of the public may request placement of an item on the agenda for Council consideration in the following ways:
1. A member of the public may write a letter to the City Council.
2. A member of the public may speak during the Public Comment period at a City Council meeting.
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25 CHAPTER 5 ‐ M E E T I N G R U L E S O F C O N D U C T A N D D E C O R U M
I. PARLIAMENTARY RULES AND GENERAL AGENDA ITEM PROCESS
A. Rosenberg’s Rules . Except as otherwise provided in this Manual, the proceedings of the Council at meetings shall be generally guided by the latest revised ed ition of Rosenberg’s Rules of Order (“Rosenberg’s Rules”). However, no ordinance, resolution, proceeding, or other action of the City Council shall be invalidated, or the legality thereof otherwise affected, by the failure or omission to observe or follow said rules. In the event of a conflict or ambiguity between Rosenberg’s Rules and the rules set forth in this Chapter, the rules in this Chapter shall prevail over Rosenberg’s Rules.
B. General Process for Handling Agenda Items. The following process i s the normal order of business for agenda items, except for public hearings, which are discussed in more detail in Section VI of Chapter 3.
1. The Presiding Officer announces the current agenda item. Note: to the extent members of the public wish to provide comments on an agenda item, such comments should be offered during the general public comment period at the beginning of the meeting. Such comments may be taken into consideration by Councilmembers when discussing the particular agenda item.
2. The City Manager or Submitter of the agenda item briefly introduces the item.
3. Staff presents its report (as needed), either by way of a written staff report or by an in - person oral presentation.
4. Councilmembers may ask questions of the City Manager and/or such City staff as the City Manager may designate, although Councilmembers are encouraged to seek clarification by asking or providing such questions prior to the meeting. Councilmember questions on an item may not exceed two (2) minutes unless an extension of time is granted by the Presiding Officer. Extensions granted may be appealed or overruled by a majority vote of the Council.
5. The Presiding Officer invites a motion.
6. Following a valid motion and second, the Council discusses, deliberates, and takes action as described in this Chapter.
7. An affirmative vote of the Council carries the motion, as described herein.
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26 II. RULES OF DISCUSSION AND DEBATE
A. Discussion Procedure. While discussing any question under consideration by the Council, it shall be the duty of the members thereof to remain seated and address their remarks to the Presiding Officer and their fellow members. Any remarks or orders to the audience shall be addressed by the Presiding Officer, or with his/her permission, by members of the Council.
B. Presiding Officer. The Presiding Officer shall have the authority to prevent the misuse of the legitimate form of motions, the abuse of privilege of renewing certain motions, or the obstruction of the business of the City Council. The Presiding Officer may preserve orderly business by ruling such motions out of order. In so ruling, the Presiding Officer shall be courteous and fair and s hall presume that the moving party is making the motion in good faith. The Presiding Officer may move, second, debate, and vote from the chair. The Presiding Officer may also adjourn a meeting by a simple declaration thereof in the absence of a protest by any Councilmember.
C. Councilmembers to Address Presiding Officer . Every Councilmember desiring to speak shall first address the chair, gain recognition by the Presiding Officer, and confine himself/herself to the subject matter, item, or motion being currently considered by the Council, avoiding personalities and crude language.
D. Questions to Staff . Every Councilmember desiring to ask questions of city staff shall, after recognition by the Presiding Officer, address his/her question to the City Attorney or the City Manager, who shall be entitled either to answer th e inquiry himself/herself or designate a member of the staff for that purpose. On the assumption that Councilmembers have already sought clarification of agenda materials in advance of the meeting pursuant to Chapter 2, Section IV. A of this Manual, Councilmember questions to City staff shall be subject to a two- minute time limit per agenda item, not including the time taken for staff response(s).
Statements masquerading as questions may be ruled out of order by the Presiding Officer.
E. Germane Comments/Time Limit for Council. Councilmembers shall limit their comments to the subject matter, item, or motion being currently considered by the Council. A determination of relevance shall be made by the Presiding Officer but may be appealed to the full Council. Councilmembers shall govern themselves as to the length of their comments but generally shall not exceed a total of five (5) minutes per agenda item (not including the two-minute period for Questions to Staff referenced in Section D, above), unless add itional time is approved by a majority vote of the Council. The Presiding Officer or the City Clerk, as may be designated by the Presiding Officer, has the responsibility to assist Councilmembers by signaling when the Councilmember has spoken for five (5) minutes. The five-minute time limit may be extended by a majority vote of City Council. No Councilmember shall be allowed to speak more than once on any particular item until every other Councilmember desiring to do so shall have spoken.
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27 F. Interruptions. A Councilmember, once recognized, shall not be interrupted when speaking unless: 1) called to order by the Presiding Officer, 2) a point of order or point of privilege is raised by another Councilmember, 3) the speaker chooses to yield to a question b y another Councilmember, or (4) for such other reasons as set forth in Rosenberg’s Rules or this Manual, including, but not limited to, a Councilmember’s right to call the question in order to terminate debate. If a Councilmember while speaking is called to order, he/she shall cease speaking until the question of order is determined; and if interpreted to be in order, may proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks o r until recognition is withdrawn by the Presiding Officer.
G. Point of Order . When a Councilmember believes a breach of the Council’s parliamentary procedural rules is occurring, he/she may raise a Point of Order to call upon the Presiding Officer to make a determination and enforce the rules of the Council. The Point of Order shall be ruled upon by the Presiding Officer, subject to the right of any Councilmember to appeal the ruling to the City Council through a valid motion. If a motion to appeal the r uling is seconded, the question shall be, "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively determine the question of order. The motion is debatable, and the Presiding Officer may participate in the debate.
H. Point of Privilege. Any Councilmember can raise a Point of General or Personal Privilege.
1. Point of General Privilege. Appropriate points of general privilege relate to anything that would interfere with the normal comfort of the meeting, such as the temperature of the room or a malfunctioning microphone. If raised, the Presiding Officer would then ask the interrupter to “state your point.”
2. Point of Personal Privilege . The right of a Councilmember to address the council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are questioned or where the welfare of the council is concerned. A Councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor only if the Presiding Officer recognizes the privilege.
I. Move or Call the Question . Any Councilmember may move to immediately bring the motion/question being debated to a vote, suspending any further debate. Such motion shall not be made in a manner that prevents a Councilmember from voicing an opinion or providing brief, concise, and relevant information with respect to the item being considered. To close off debate pursuant to a Motion to Move or Call the Question, said motion must be seconded and passed by a two -thirds (2/3) vote of those present and voting. The motion is not debatable. If the motion to Move or Call the Question passes, a vote on the motion/question on the floor is taken. If the motion to Move or Call the Question fails, discussion on the motion/question on the floor continues.
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28 J. Motion to Reconsider. A motion to reconsider may be made only by a member who voted in the majority on the original motion. Such a motion may only be made at the same meeting as the original item, and then only to correct inadvertent errors or to consider new information not available at the time of the vote. If the motion to reconsider passes, then the original matter is back before the Council, and the matter may be discussed and debated as if it were on the floor for the first time. After the reconsideration of the item has been acted upon, no other motion for reconsideration thereof will be made without the unanimous consent of the Councilmembers present. Matters that are quasi- judicial in nature or matters that require a noticed public hearing cannot be reconsidered.
K. Failed Motions. Failed motions shall not be brought up at a subsequent meeting unless the Council suspends the rules as provided for in Section II. M, below. However, the effect of such action will not operate to adversely affect individual rights that may have been vested in the interim without notice and an opportunity to be heard having bee n given to the affected party or parties.
L. Remarks of Councilmembers and Synopsis of Debate . A Councilmember may request through the Presiding Officer the privilege of having an abstract of his/her statements on any subject under consideration by the council entered into the minutes. If the council consents thereto, such statements shall be entered into the minutes.
M. Suspend the Rules. Any of the rules related to parliamentary procedures in this Manual (to the extent not governed by State law, such as Government Code section 36936, the provisions of the Political Reform Act, or the FPPC co nflicts of interest regulations) may be suspended by a two-thirds (2/3) majority vote. Such suspension may be moved at any time by a Councilmember.
N. Protest Against Council Action. Any Councilmember dissenting from or stating his/her protest against any action of the council may request to have such dissent or protest entered into the minutes. Such dissent or protest to be entered into the minutes shall be in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons . . ."
O. Seconding of Motions Required . A motion by any Councilmember, including the Presiding Officer, may not be considered by the Council without receiving a second.
P. Other Time Limitations. A time limit of three (3) minutes shall be imposed on Councilmembers when speaking during the “Reports from Councilmembers” portion of the agenda.
Q. Reading of Ordinances. Except when the title of an ordinance has been read and further reading is waived by a regular motion adopted by a majority vote of the Council, all ordinances shall be read in full either at the time of introduction or passage.
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29 R. Voting Rules.
1. Vote Unless Disqualified . All Councilmembers present at a meeting when a question comes up for a vote should vote either for or against the question unless he/she is disqualified from voting by reason of a conflict of interest and abstains because of such disqualification.
(a) A Councilmember stating disqualification will not be counted as a part of a quorum and will be considered absent for the purpose of determining the outcome of a vote on the matter. See Section S, below, for other rules relating to conflicts of interest.
(b) Any Councilmember who abstains for reasons other than disqualification, in effect consents that a majority of the quorum may decide the question being voted upon.
Any councilmember so abstaining will be counted as present for purposes of establishing a quorum. Such an abstention will be counted 1) as neither an affirmative vote nor a dissenting vote and 2) as if it did not exist. The “present and voting” rule as described in Rosenberg’s Rules applies.
2. Silence During the Vote. Unless a Councilmember states that he/she is abstaining, silence shall be recorded as an affirmative vote.
3. Call for the Vote. The Presiding Officer or the City Clerk shall call for the vote, which, at the Presiding Officer’s discretion, shall be taken by voice affirmation or roll call unless a recorded (roll call) vote is required by law. According to Government Code section 36936, a recorded majority vote of the total membership of the City Council is required for resolutions, orders for the payment of money, and all ordinances. In addition, some types of resolutions and ordinances may require a supermajority vote. Absent o ther specific State law requirements, a motion carries with a majority vote of a quorum of the City Council.
4. Tie Votes. Tie votes are failed motions but may be reconsidered at a subsequent meeting upon a motion passed by the Council to reconsider the ite m at a future meeting. If the matter involves an appeal and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision -making person or body from which the appeal was taken.
5. Changing a Vote . A Councilme mber may change his/her vote only if he/she makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. Prior to the time that the next item in the order of business is taken up, a Councilmember who publicly announced that he/she will abstain from voting on a particular matter shall not subsequently be allowed to withdraw his/her abstention.
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30 S. Conflict of Interest. Any Councilmember who has a conflict of interest regarding any matter being considered by the Council shall, in compliance with the provisions of the Political Reform Act and other applicable laws, declare the conflict, state the reason for the conflict , and leave the room during the discussion of and vote upon that particular agenda item, unless it is a Consent Calendar item (or the Councilmember is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in Sections 18707(a)(3)(C) and 18704(d)(2) of the FPPC regulations). If the conflict involves a matter on the Consent Calendar, the Councilmember must announce the nature of the conflict and refrain from participating in the item, but he/she may remain present at the dais.
T. Leaving the Dais. To the extent a Councilmember decides to speak on an item by leaving the dais and speaking from the public podium, such Councilmember will relinquish his/her ability to speak on the same item upon his/her return to the dais.
U. Rules Not Exclusive. The rules set forth in this Chapter are not exclusive and do not limit the inherent power and general legal authority of the Council, or of its Presiding Officer, to govern the conduct of City Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City.
III. PUBLIC PARTICIPATION AND RULES OF DECORUM FOR COUNCIL, PUBLIC, AND STAFF.
A. Public Participation.
1. Manner of Addressing the Council. To facilitate the orderly conduct of meetings, persons wishing to speak during the Public Comment period and at public hearings are requested, but not required, to fill out speaker cards and provide them to any Sheriff’s deputy attending the meeting, or in his/her absence, the City Clerk prior to the start of the meeting or before a public hearing item is announced.
(a) During Public Comment periods, each person desiring to address the Council shall step up to the microphone at the podium and state his/her name (and address if desired) for the record. The speaker shall then specify the agenda item(s) on which he/she wishes to comment; state whether his/her comments pertain to a non -agenda item within the City Council’s subject matter jurisdiction; state whom he/she is representing; and whether he/she is representing an organization or other persons.
Each speaker shall be allotted three (3) minutes in which to comment, unless the Presiding Officer determines that based on the significant nature of an agenda item or items, that additional public comment time should be allowed. In such event, the Presiding Officer may grant an extension of public comment time, not to exceed two (2) minutes per speaker. Extensions granted may be appealed through a valid motion and overruled by a majority vote of the Council.
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31 (b) During Public Hearing items, each person desiring to address the Council shall step up to the microphone at the podium, state his/her name (and address if desired) for the record, state whom he/she is representing, and whether he/she is representing an organization or other persons. Each speaker shall be allotted three (3) minutes in which to comment, unless the Presiding Officer determines that based on the significant nature of a public hearing item, that additional public comment time should be allowed. In such event, the Presiding Officer may grant an extension of public comment time, not to exceed two (2) minutes per speaker. Extensions granted may be appealed through a valid motion and overruled by a majority vote of the Council.
(c) During both Public Comment periods and during Public Hearing items, speakers should not approach the dais unless authorized to do so by the Presiding Officer. All remarks shall be addressed to the Council as a whole and not to any member thereof.
No questions shall be asked of a Councilmember, a member of the City staff, or member of the audience without permission of the Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer.
(d) During Public Comment periods members of the public may ask questions related to agenda items. However, in order to ensure compliance with the Brown Act the City Council is not required to answer such questions since depending on the nature of the questions, the issues raised may be beyond the scope of the subject matter of the agenda items. Nevertheless, in accordance with Government Code Section 54954.2 (a)3, the Presiding Officer may briefly respond or have staff respond to statements made or questions asked or may request that staff report back to the Council at a subsequent meeting concerning any matter raised by the public.
(e) During public comment periods and irrespective of the su bject or viewpoint to be expressed, no speaker shall be permitted to show a video, make a PowerPoint presentation, or otherwise utilize any other form of electronic visual display technology requiring advanced set up and/or the use of projectors or other specialized equipment. Such controls are intended to help all speakers maximize their time when addressing the City Council, instead of dealing with potentially time - consuming setup or technical difficulties.
2. Spokesperson for Group of Persons . To expedite matters and avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter or item, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the C ouncil; and in case additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council. In situations where more than ten (10) people wish to speak on an item, the Presiding Officer may pla ce reasonable limits on the Public Comment period, including reducing the time allotted to each speaker to one (1) or two (2) minutes and/or a specific time limit for the total presentation (typically not to exceed
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32 twenty (20) minutes). Such time limits sh all allow for full discussion of the item by interested parties or their representative(s). The purpose for any limitation described in this section is to ensure the Council can address its agenda, avoid repetitive comments and presentations, and conduct business in an orderly and efficient fashion.
3. After a Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first getting perm ission to do so by a majority vote of the City Council.
B. Rules of Decorum for Council, Public, and Staff. Meetings of the City Council shall be conducted in an orderly manner to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is preserved at all times. The Presiding Officer of the Council shall be responsible for maintaining the order and decorum of meetings. While any meeting of the City Council is in session, the following rules of order and de corum shall be observed:
1. Councilmembers. While the Council is in session, Councilmembers must lend themselves to order and decorum. They shall neither by conversation or otherwise 1) delay or interrupt the proceedings or the peace of the Council, 2) disturb any Councilmember while he/she is sp eaking or, 3) refuse to obey the orders of the Presiding Officer. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
(a) English Language. The business of the City Council shall be conducted in English except to the extent such that a Councilmember wishes to speak as a member of the public, either in the Public Comment period or on an item listed in the Appeal and/or Public Hearings sections of the agenda.
(b) E-Communication Prohibited . Except as specified in subdivision (b), below, Councilmembers shall not use E -Communication at any time during any meeting, including, but not limited to, Open and Closed Sessions of the City Council. The use of E-communication is pro hibited during Council meetings so that Councilmembers may remain attentive to members of the public, staff, or others as they are speaking to the City Council. E -Communication, which includes blogging, is defined as “electronic text, audio or visual comm unication, and attachments distributed via e - mail, telephonic service, websites, instant messaging, text messaging, Twitter, Facebook, Snapchat, Instagram, or comparable services.” City Councilmembers will not utilize the internet during Council meetings. Outside of City Council meetings, Councilmembers should not communicate via E-Communications with more than one other member of the City Council on any issue regarding City business.
(c) Exceptions for Emergencies . The limitation specified in subdivision ( a), above, shall not apply to the receipt of telephone calls or text messages from family members in
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33 the event of an urgent family matter. Councilmembers wishing to respond to such a message during the meeting shall do so in a manner that does not disrupt the meeting.
Responses to urgent matters may occur during a recess or after having been excused from the meeting by the Presiding Officer.
(d) Recording or Live Streaming. Councilmembers shall not video record or live stream meetings while sitting at or standing behind the dais in such a manner that obstructs the view of or results in a persistent disruption of other Councilmembers’ ability to participate in the meeting. To the extent a Councilmember wishes to record or live stream a meeting while sitting a t or standing behind the dais, such Councilmember shall further ensure that he/she is not recording in a manner that intrudes into the personal space of other Councilmembers or the City Attorney (within twenty -four inches of the person); in a manner that r ecords notes made by Councilmembers during meetings (which necessarily invades the Mental Processes and/or Legislative Privileges protecting legislators’ uncommunicated motivations for making a policy or decision); or in a manner that displays the protecte d work product of the City Attorney.
(e) Leaving Seats. Councilmembers shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer.
(f) Packing of Audience. It is inappropriate for a Councilmember to pack the audience for a specific agenda item.
2. City Staff Members. City staff members and employees shall observe the same rules of order and decorum as are applicable to the City Council, with the exception that City staff members and employees may leave their seats during a meeting without first obtaining the permission of the Presiding Officer.
3. Persons Addressing the Council. The primary purpose of Public Comment periods at City Council meetings is to allow citizens the opportunity to formally communicate with the City Council as a whole, but these comment periods should not be utilized as a substitute for handling any matter during the normal working hours of the city government. Each person who addresses t he Council shall do so in an orderly manner and shall not make personal, impertinent, slanderous, or profane remarks to any member of the Council, City staff, or the general public. Any person who makes such remarks or who utters loud, threatening, persona l, or abusive language, or who engages in any other disorderly conduct that disturbs, disrupts, or otherwise impedes the orderly conduct of any Council meeting shall, at the discretion of the Presiding Officer or a majority of the Council, be barred from f urther audience before the Council during that meeting. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
4. Members of the Audience. No person in the audience at a Council meeting shall engage
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34 in disorderly or boisterous conduct, including the utterance of loud, threatening, or abusive language; whistling; stamping of feet; excessive clapping; or other acts that disturb, disrupt, or otherwise impede the orderly conduct of any C ouncil meeting. Any person who conducts himself/herself in the aforementioned manner shall, at the discretion of the Presiding Officer or a majority of the Council, be barred from further audience before the Council during that meeting. The Presiding Offic er and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint -neutral manner.
C. Enforcement of Decorum . The rules of decorum set forth above shall be enforced in the following manner
1. Warning. The Presiding Officer shall r equest that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the Presiding Officer, a person persists in disrupting the meeting, the Presiding Officer shall order such person to leave the Council meet ing. If such person does not remove himself or herself, the Presiding Officer may order any law enforcement officer who is on duty at the meeting as sergeant-at-arms of the Council to remove that person from the Council chambers.
2. Removal. Any law enforcement officer who is serving as sergeant-at-arms of the Council shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the Presiding Officer, it shall be the duty of the sergeant -at-arms to remove from the Council meeting any person who is disrupting the proceedings of the Council.
3. Motion to Enforce . If the Presiding Officer of the Council fails to enforce the rules set forth above, any member of the Council may move to require him or her to do so, and an affirmative vote of a majority of the Council shall require him or her to do so. If the Presiding Officer of the Council fails to carry out the will of a majority of the Council, the majority may designate another member of the Council to act as Presiding Officer for the limited purpose of enforcing any rule of this section it wishes to enforce.
4. Adjournment or Recess . If a meeting of the Council is disturbed or disrupted in such a manner as t o make infeasible or improbable the restoration of order, the meeting may be temporarily recessed, adjourned, or continued by the Presiding Officer or a majority of the Council, and any remaining Council business may be considered after the recess or at the adjourned or next meeting.
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35 CHAPTER 6 ‐ ADMINISTRATIVE MATTERS
I. ADMINISTRATIVE SUPPORT
General staff and administrative support to members of the City Council is provided through the City Manager’s Office. Administrative services, including the scheduling of appointments, receipt of telephone messages, and word processing, are available as needed. Sensitivity to the workload of support staff members in the City Manager’s Office is appreciated. Please note that individuals may have other work assigned with high priority. Councilmembers shall not make demands of the City Manager, City Attorney, or City Employees that communicate a desire for or an expectation of special treatment. In no event shall Councilmembers request administrative support to further personal or campaign/political purposes
II. MAIL, DELIVERIES, AND E-MAIL
A. Correspondence from the Public. The City encourages the public to send correspondence to the entire City Council, either by traditional post or by e‐mail. Correspondence addressed to the City Council that is received by the City Clerk or by any other officer or employee of the City shall be deemed a public record upon receipt, except as set forth in the Public Records Act (California Government Code § 6250 et seq.) or other applicable law.
1. Authority of City Clerk. The City Clerk is authorized to open and examine all mail or other written communications addressed to the City Council and give it immediate attention to the end that all administrative business referred to in said communication not necessarily requiring Council action may be acted upon between Council meetings.
(a) Members of the City Council receive a large volume of mail and other materials from the public and staff. The City Clerk maintains an office mailbox for each member into which written correspondence shall be placed. Councilmembers must check their mailbox frequently.
(b) The City Clerk may provide for a city courier to deliver materials to the homes of Councilmembers when materials are time sensitive.
2. Councilmember Responsibilities . If correspondence is received directly by a Councilmember without the City Clerk having opened and examined same, the Councilmember shall be responsible for providing to the City Cl erk the correspondence that is required to be included with agenda materials, as set forth in the Brown Act. All such communications shall be deemed a public record upon receipt, except as set forth in the Public Records Act or other applicable law.
B. City-Issued E-mail Address. Each Councilmember is provided with a City of Victorville domain e-mail address for City -related business purposes and to receive e -mail from constituents,
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36 other members of the public, government agencies, etc.
1. Status as Public Record. Pursuant to the Public Records Act, any e‐mail sent or received by Councilmembers using the City-issued domain e-mail address may constitute a public record and be disclosable upon the City’s receipt of a Public Records Act request.
2. Privacy Limited. Councilmembers have no reasonable expectation of privacy in any e‐ mail correspondence received by them at their City of Victorville domain e‐mail address
C. Communications Using Non -City Accounts/Devices. Messages or communications received by Councilme mbers on their personal electronic devices or personal e -mail accounts concerning City business may also be subject to disclosure under the Public Records Act.
Additional rules are set forth in Section IV, below
D. Other Rules Relating to Correspondence. Any written correspondence or other materials, when distributed to all, or a majority of all of the members of the City Council by any person in connection with a matter subject to discussion or consideration at a public meeting, are disclosable public records under the California Public Records Act and shall be made available upon request without delay. Writings that are public records and that are distributed during a public meeting shall be made available for public inspection at the time of the meeting if prepared by City staff or a member of the City Council, or after the meeting if prepared by some other person. All writings referenced herein shall be provided to and documented with a received/filed date by the City Clerk
III. CITY-ISSUED EQUIPMENT.
A. Equipment Provided. To enhance Councilmembers’ ability to communicate with staff and the public, city‐purchased equipment, such as computers and cell phones, can be provided upon request. Access to the City’s fax machines and e-mail system is also available
B. Limitations on Use.
1. Brown Act Considerations. The use of technological devices to communicate with a majority of other Councilmembers on any official action to be taken falls within the provisions of the Brown Act. Technological devices include, but are not limited to, phones, faxes, computer e‐mail, public access cable TV, and video. Use of such devices to pass information for the purpose of developing concurrence on action to be taken outside of a public meeting is prohibited
2. Other Prohibitions. Personal use of City -issued equipment is prohibited in accordance with Government Code section 8314, except for such m inimal and incidental use as specified therein.
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37 IV. USE OF PERSONAL ACCOUNTS AND PERSONAL ELECTRONIC DEVICES FOR CITY BUSINESS
A. Status as Public Records. Text messages, emails, and other electronic communications that deal in some substantive manner wit h the conduct of City business created on, stored on, and/or transmitted by personal accounts or personal electronic devices may be subject to disclosure under the Public Records Act
B. Limitations and Rules on Use. To the extent feasible, City -issued email accounts and electronic devices shall be used to conduct City business. Limited use of a private device or account for public business by Councilmembers is permissible but discouraged. The following rules must be observed
1. Urge Use of City Electronic Devices/Accounts. Councilmembers shall request persons sending electronic communications regarding City business to a personal account or device to instead utilize the City of Victorville domain e -mail address, City -issued cell phone number, or other official City electronic messaging account provided to the Councilmember
2. When Communications Received on Personal Accounts/Devices . If Councilmembers receive electronic messages regarding City business on their personal electronic messaging account or device, or circumstances require them to conduct City business on a personal account or device, Councilmembers should either
(a) copy (“cc") any communication on his/her personal electronic messaging account or device to his/her City electronic messaging account, or (b) forward the electronic communication to his/her City account as soon as feasible after the original creation or transmission of the electronic communication.
C. Compliance and Additional Policies. The City Council shall comply with the above provisions and any additional administrative policies the Council adopts for City -wide application regarding procedures to be followed with respect to communications received on personal accounts and devices when Public Records Act requests are made.
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38 CHAPTER 7 ‐ RELATIONSHIP AND CONDUCT.
I. RELATIONSHIP AND CONDUCT WITH CITY MANAGER
A. Council-Manager Form of Government . The City has adopted a Council -manager form of government. This structure reflects the City Council’s role to establish City policy and priorities. The Council appoints a City Manager to implement this policy and undertake the administration of the organization. The City Council must work through the City Manager in dealing with City staff
B. The City Council and City Manager Work as a Team . The City Council establishes policies for the overall operation of the City. The City Manager is appointed by the City Council to enforce its laws, to direct the daily operations of City government, to prepare and monitor the municipal budget, and to implement the policies and programs initiated by the City Council.
The City Manager is expected to adhere to the Internation al City/County Management Association (ICMA) Code of Ethics, and the City Council must recognize said Code of Ethics when dealing with the City Manager. The City Manager is responsible to the City Council rather than to individual Councilmembers and direc ts and coordinates the various departments
C. Productive Relationship Requirements . The employment relationship between the City Council and the City Manager honors the fact that the City Manager is the chief executive officer of the City. To facilitate a productive work relationship with the City Manager, the City Council and/or individual members shall do each of the following:
1. Except for the purpose of requesting information or assistance, deal with the administrative service under the City Manager so lely through the City Manager as indicated in Section 2.04.210 of the Victorville Municipal Code. Neither the City Council nor any member shall give orders to, command the services of, or assign work to any subordinates of the City Manager, either publicl y or privately. Alternately, contact may be made directly with Senior Management, as long as a copy of communication is forwarded to the City Manager. Senior Management shall inform the City Manager of all Councilmember contact.
2. Direct the City Manager to implement the Council’s policy decisions through the administrative functions of the City.
3. Treat City staff professionally, and refrain from publicly criticizing or belittling individual employees. Personnel issues are managed through established channels and procedures.
4. Avoid involvement in personnel issues related to City -Council‐appointed staff, i.e., the City Manager and City Attorney, except during City Council Closed Sessions, when issues of hiring, firing, promoting, disciplining, etc., may be addressed appropriately.
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39 5. Discuss directly with the City Manager any displeasure with a department or staff member
6. Refer complaints to the City Manager for further processing. Staff shall be given adequate time to investigate and respond to such complaints
7. Receive from the City Manager timely information regarding unusual events that the public would be concerned about; e.g., anyone wounded by gunfire, an area cordoned off by police or fire, a significant event, etc
8. Avoid communicating with pers ons or parties in litigation with the City (or any of the entities for which the City Council sits ex -officio as the governing board as noted in Chapter 2, Section IV.D.2 of this Manual) in a manner that compromises the City’s or other entity’s position in such litigation.
9. Include the City Manager in follow -up meetings where a Councilmember has first met with an individual or company representative regarding official business of the City
II. RELATIONSHIP AND CONDUCT WITH CITY ATTORNEY
A. Legal Advisor to the City. In all matters, the City Attorney represents the City and is the legal advisor to the City Council, the City Manager, the City Clerk, Senior Management, and department heads. The general legal responsibilities of the City Attorney are to provide legal assistance necessary for formulation and implementation of legislative policies and projects; to represent the City’s interest, as determined by the City Council, in litigation, Administrative hearings, negotiations, and similar proceeding to prepare and/o r review and approve ordinances, resolutions, contracts, and other legal documents to best reflect and implement the purposes for which they are prepared; and to keep the City Council and staff apprised of court rulings and legislation affecting the legal interest of the City.
B. Does Not Represent Individual Councilmembers or Staff . It is of the utmost importance to understand that the City Attorney does not represent individual members of Council, but the City and the City Council as a whole.
III. RELATIONSHIP AND CONDUCT WITH CITY CLERK
A. The City Clerk performs statutorily mandated duties and such tasks as may be assigned by the City Council and/or the City Manager. The general responsibilities of the City Clerk are:
1. to serve as the Elections Official of the City;
2. to protect and preserve the legislative record of the City Council and other various records;
3. to facilitate delivery of records consistent with the provisions of the Public Records Act;
4. to receive filings on behalf of the City;
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40 5. to fa cilitate the preparation, duplication, preservation, and delivery of Council agenda materials; and
6. to advise City departments about best practices for records management.
IV. RELATIONSHIP AND CONDUCT WITH STAFF
A. General considerations. Governance of a city relies on the cooperative efforts of elected officials, who set policy and priorities, and City staff, who analyze problems and issues; make recommendations; and implement and administer the City Council’s policies. To ensure the proper functioning of these cooperative efforts, Councilmembers must avoid intrusion into those areas that are the responsibility of staff. This is necessary to protect staff from undue influence and pressure from individual Councilmembers and to allow staff to execute priorities given by management and the Council as a whole
B. Cooperation. Individual Councilmembers, as well as the Council as whole, shall receive the full cooperation and candor of staff in being provided with any requested information.
Requests of the City Attorney‘s office are to be submitted directly to the City Attorney.
All other requests of staff are to be submitted through the City Manager’s office
C. Issues of Pressure or Influence. Individual City Councilmembers shall not make attempts to pressure or influence staff decisions, recommendations, workloads, schedules, and department priorities without the prior knowledge and approval of the Council as a whole.
1. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must prevail upon a majority of the Council at an open meeting to do so as a matter of Council policy.
2. The City Council recognizes the primary functions of staff are in executing Council policy and actions taken by the Council as a body and in keeping the Council informed.
3. Staff is directed to reject any attempt by individual members of the Council to unduly direct or otherwise pressure them into making, changing, or influencing recommendations or business decisions in any manner.
V. REQUESTS FOR RESEARCH OR INFORMATION
A. General Considerations. Councilmembers should generally inform the City Manager prior to communicating directly with any employee below the Senior Management level. A Councilmember may request directly from department heads answers to routine questions or information on a given topic when it will require little or no research and have little or no impact to City operations. The Councilmember should also advise the City Manager of this request. City staff shall inform the City Manager of all Council contact.
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41 B. Responses to Requests . Requests made by individual Councilmembers for information or assistance shall be for the sole purpose of fulfilling his/her responsibilities as delineated throughout this Manual and not for any private or personal interest. Requests will be addressed as quickly as possible under the circumstances at the time, providing that in the judgment of the City Manager (or the City Attorney depending on the nature of the request) the request is not of a magnitude, either in terms of wo rkload or policy, that would require more than thirty (30) minutes of time in which to respond or is of such a nature that it would be more appropriately assigned to staff through the collective direction of the City Council. If the individual Councilmember request goes beyond these parameters, or in the judgment of the City Manager, is not within the scope of City policies or business, the City Manager will bring the request to the full Council for consideration. The method by which responses are delivered to Councilmembers shall comport with the City’s routine business practice.
C. Policy-Related Requests. All Council requests dealing with policy and such other requests that may be construed as direction shall be directed to the City Manager, except for routine general inquiries or questions that will not disrupt city operations, in which case, Councilmembers may approach Senior Management with their requests . Councilmembers may also contact the City Attorney or City Clerk.
D. Funding Requests. Any request from City Council requiring funding must be addressed with the City Manager. The City Manager shall respond in a timely manner.
E. Written Requests Preferable. To assist the City Manager, requests for information are best tracked if submitted in writing, either in memorandum form or through e‐mail. And to ensure proper responsiveness, Councilmembers are asked to copy both the department head and the City Manager on all correspondence with staff.
F. Access to Certain Information Restricted. There are certain restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRs) under review are not available for release until complete and after review by City management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to members of the City Council. Certain aspects of Police Department affairs, such as access to restricted or confidential information related to crimes, may not be available to members of the City Council.
G. Dissemination of Information. In cases when a staff response to an individual Councilmember request involves written materials that may be of interest to other Councilmembers, the City Manager will provide copies of the material to all other Councilmembers. In making this judgment, the City Manager will consider whether the information is significant, new, otherwise not available to the Council, or of interest to the Council.
H. Disclosure of Information. No Councilmember may, without prior formal authorization of the City Council, disclose any confidential information concerning any other official or employee, or any other person, or any property, or governmental affairs of the City. Whether or not
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42 such information is allowed to be disclosed, no Councilmember may use or permit the use of any such confidential information to advance the financial or personal interest of himself/herself or any other person. For the purposes hereof, “confidential information” shall mean information that is not generally known in the public and/or is not subject to disclosure under the California Public Records Act or other applicable law. Some examples of confidential information include attorney -client privilege d communication, attorney -client work product, personnel, medical, or similar information —the disclosure of which would constitute an unwarranted invasion of privacy. (Govt. Code § 6250 et seq.)
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43 CHAPTER 8 ‐ CO MMUNICATI ON AND REPRESENTATION
I. REPRESE NTING MAJ ORITY VS. IN DIVIDUAL OPINI ON
A. Dual Roles of Councilmembers . A person elected to the City Council plays two roles: a member of a body elected to represent the City in its entirety and a private resident of the City. The second role is not relinquished when the first role is assumed. It is important to distinguish between the two roles at all times and to conduct business in one role separately from the other. The elected Councilmember retains the right to speak as an individual, not as a member of the City Council, but must make this distinction very clear when he/she does speak on his/her own behalf and not as a member of the City Council. This is because when the Council acts, it acts as a whole, not as a group of individuals.
B. General Policy Considerations . An important role of a Councilmember is communication — communication with the public to assess community opinions and needs, communication with staff to provide policy direction, and communication to gain an understanding of the implications of various policy alternatives. Because the City Council acts as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking for the Council. Equally important, when members express personal views and not those of the Council, the public must be so advised.
II. CORRES POND ENCE FROM COUNCILMEMBER S
A. Stationery Use and Related Guidelines.
1. Use of City Letterhead. City letterhead shall be used by the Mayor, Mayor Pro Tem, and City Council only for official City business, communication of adopted City policies and positions, and any related communications. All Councilmembers should be copied on correspondence signed by the Mayor or other Councilmember. Use of City letterhead and/or title on personal matters (those not related to official city business) is not permitted.
2. Personal Stationery . Personal stationery without a City Logo shall be used by any member of the City Council to communicate individual positions, conduct personal correspondence, or communicate positions that may be in opposition to established City Council positions or decisions. Personal stationery shall be printed at the expe nse of the individual Councilmember, and the aforementioned types of communications shall be mailed at the individual Councilmember’s expense.
3. Correspondence Public Record . All Councilmember correspondence created using City resources, including, but not limited to, City letterhead, postage, envelopes, or staff time, are public records and shall be copied to the full Council, the City Manager, the City Attorney, and the City Clerk.
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44 4. Permission Required. Whenever a Councilmember other than the Mayor wishes to write a letter on City letterhead, he/she should inform the Council (in writing or verbally at an open meeting) what the letter is about and seek Council approval that the letter may be written on City letterhead. Such letters shall only pertain to official City business.
B. Prohibitions on Use of Public Resources for Personal or /Campaign Purposes.
1. Letterhead and Staff. City letterhead and staff support cannot be utilized for personal or political purposes. Any use of the City’s logo, flag, seal, slogan, or name shall further be subject to the provisions of Chapter 1.06 of the Victorville Municipal Code and applicable State laws. The use of the City Seal, logo, or other insignia on personal matters and correspondence is not permitted.
2. Council Chambers and Staff Photos . The City Council Chamber cannot be used as a location for taking campaign photos or engaging in any form of campaign activity. Any violations of this prohibition may be reported to the Fair Political Pr actice Commission and any other enforcement agencies, and may further result in reprimand or censure, as provided in Chapter 10. The use of photos with current City staff and City Council candidates in election materials is prohibited.
III. SPEAKING FOR “THE CITY”
A. Issue Position Statements . When members are requested to speak to groups or are asked the Council’s position on an issue, the response should reflect the position of the Council as a whole taken in open session. It is permissible, however, for a Councilmember to clarify his/her vote on a matter by stating: “While I voted against ‘X,’ the City Council voted in support of it.” When representing the City at meetings or other venues, it is essential that those in attendance gain an understandi ng of the City Council’s position rather than that of an individual member.
B. Communication of Council Policy . The Mayor and individual Councilmembers are not authorized to speak on behalf of the City or the City Council with regard to City or City Council policy or positions, except when such policy or position has been clearly established or when the Mayor or Councilmember has been designated by the City Council as a spokesperson on a given subject.
C. Supporting State or Federal Legislation . The Cit y Council may be requested to formally support or oppose state or federal legislation. In considering whether or not to take such action, it is Council policy to determine first if the legislation involves matters pertaining directly to the City of Victorv ille or its residents as a whole. If the subject matter does not relate directly to City business or to local residents, then the City or City Council can decline to take a position. If the legislation could be expected to affect the City or its residents, then the City Council may elect to take a position. All correspondence articulating the City’s position on state and federal legislation shall be handled in a manner consistent with the City
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45 Council’s adopted goals and policies.
D. Press Releases . All press releases pertaining to the City Council shall be issued on City letterhead on behalf of the entire City Council. No press releases pertaining to the City Council or City shall be released by individual members of the City Council without prior authorization from the City Council acting at a Council meeting. The City Manager and his/her designated staff are authorized to issue press releases pertaining to City activities and events of public importance as he/she determines necessary and appropriate to keep the public informed. All final press releases shall immediately be distributed to the City Council.
E. Representation at Ceremonial Functions.
1. City Sponsored Events. The Mayor, or Mayor Pro Tem in his/her absence, shall represent the Council at ceremonial functions organized by the City. The Mayor or Mayor Pro Tem may, at his/her own discretion, ask another Councilmember to represent the Council at that function when neither is available. Staff shall also include any Councilmember who has promoted a project or event in any program or agenda in such a function.
2. Non‐City Sponsored Events . As a general rule, the Mayor, or the Mayor Pro Tem in his/her absence, shall represent the Council at ceremonial functions not organized by the City upon receipt of an invitation from the sponsor of such event. If neither the Mayor nor the Mayor Pro Tem is available to attend a non‐City sponsored event, h e/she may designate a replacement. Nothing in this provision is meant to preclude a Councilmember from representing the Council at a ceremonial function where the event organizer has requested that a specific Councilmember attend the function.
F. Appearances before Agencies and Organizations . If a member of the City Council appears before another governmental agency or organization to give a statement on an issue affecting the City, the Councilmember should first indicate the majority position and opin ion of the Council. Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not represent the position of the City Council.
G. Participation in Community Activities . From time to time, Councilmembers m ay choose to participate in community activities, committees, events, and task forces. When a Councilmember participates in these types of activities, the Councilmember is acting as an interested party rather than acting on behalf of the City Council. Acti ng or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representative for the matter.
H. Name Badges. The City issues name badges to all City Councilmembers, the City Manager, the City Clerk, Senior Management, department heads, City Planning Commissioners, City advisory committee members, and other City staff as deemed appropriate by the City Council.
1. Official Use Only. It is not permissible for any City Councilmember or any of the personnel
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46 listed in Section G, above, to use his/her badge for any purpose except as reasonably necessary for identification when acting in their official capacities.
3. Fraudulent Use Prohibited. It is not permissible for any person to wear, exhibit, or use a badge with the intent of fraudulently impersonating a City official or of fraudulently inducing the belief that the person is a City official at the time the badge is worn, displayed, or used.
I. Business Cards. City Councilmembers will be provided with City Manager approved business cards in increments of 500. No more than one order will be processed within a 12 -month period unless approved in advance by the City Manager. City business cards may not be used for personal or financial gain, for obtaining privileges not otherwise available to a Councilmember, or for soliciting political contributions. Councilmembers are prohibited from using any other form of non-approved business cards that contain the City logo, the City seal, the City flag, or the City slogan.
IV. CITY COUNCIL SPENDING AND REIMBURSEMENT POLICY
A. Effect of CP-12-01. Except as specified otherwise in this Section, the provisions of the Expense Reimbursement Policy set forth in Council Policy N o. CP-12-01, or any amendment(s) to or successor Council Policy adopted in lieu thereof ( “CP-12-01”) shall apply to all City Councilmembers. The provisions of Council Policy Nos. CP -93-5 and CP -73-3, to the extent currently in effect, are completely superseded by this Section.
B. Events and Covered Expenses . As long as all other requirements of this Section IV are also met, covered expenses (as that term is used in CP -12-01) incurred by City Councilmembers constitute reimbursable expenses when they engag e and/or participate in the following activities and/or events (“Events”):
1. Communicate with representatives of regional, state, and national government and their various agencies and entities on City-adopted or authorized policy positions.
2. Attend educational seminars designed to improve Councilmembers’ skill and information levels.
3. Participate in regional, state, and national organizations, e.g., California League of Cities or National League of Cities, whose activities affect the city’s interests.
4. Attend City-sponsored events.
5. Travel out-of-state or internationally for the above purposes.
C. Advance City Council Approval of Expenditures for Events . Prior to making travel, transportation, and/or lodging arrangements for any Event for which a Councilmember
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47 wishes to be reimbursed by the City, the Councilmember must have the Event and the expenditure approved. Requests for travel and meeting expense reimbursements or City - paid travel and meetings for any Event(s) will require the advance approval of the City Council at a regularly-scheduled Council Meeting under an agendized item requesting such approval.
The foregoing requirement for approval of tr avel expenses shall not apply when the City Councilmember is traveling in connection with his/her required attendance at meetings of legislative bodies of outside agencies to which the Councilmember has been appointed to serve as a City representative or alternate pursuant to Chapter 9, Section IV of this Manual.
D. Meeting Reporting Requirement . C ouncilmembers shall provide a brief report on any meeting or event attended at the expense of the City at the next regular meeting of the Council. If multiple Councilmembers attended the same event, a joint report may be made.
E. Additional Spending and Reimbursement Rules.
1. Spending Tracked . The City Manager’s Office will keep an individual spending and reimbursement record for each Councilmember for the period of July 1 to June 30 of each year.
2. Intrastate/International Travel. No travel outside the state or the country is permitted without advance approval of the City Council, who shall make such decision at a Council Meeting under an agendized item requesting such approval.
3. Travel Arrangements. Hotel and travel accommodations may be made by City staff or the Councilmember. Councilmembers shall use best efforts to seek the most reasonable, cost-effective manner of travel and/or accommodations, keeping in mind that such travel and/or accommodations are being provided at the expense of the taxpayers.
F. Expense Reports Required . In order to receive expense reimbursements, Councilmembers shall complete and submit to the City Manager’s Office a Travel and Expense Reimbursement Form and Report (“Expense Report”) within a reasonable time after incurring the expense, but in no event, shall it be later than 30 days thereafter. The following rules shall also apply:
1. Each Expense Report shall be accompanied by all receipts documenting each expense with proof of the advance approval obtained from the City Council (or the City Manager, as applicable).
2. The Councilmember shall verify that the expenses for which reimbursement is sought were incurred on behalf of the City in the performance of official duties and otherwise meet the requirements of this Section IV.
3. All documents related to reimbursable expenditures, including, but not limited to, the Expense Report and actual receipts, are publ ic records subject to disclosure under the
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48 Public Records Act. Any personal information, e.g., credit card numbers, contained on any receipts may be redacted before publicly releasing such records.
G. City Manager Authority. The City Manager has the au thority to determine the reasonableness of an expense and, as such, may disallow it for reimbursement. A request for reimbursement that has been disallowed by the City Manager may be appealed to the City Council who will make its decision at a regularly s cheduled City Council Meeting under an agendized item requesting such appeal. The decision of the City Council shall be final.
V. GUIDELINES AND PROCEDURES FOR CEREMONIAL RECOGNITION ITEMS
A. General. The City of Victorville regularly receives requests from individuals and organizations for various ceremonial recognition items. These items can range from a simple letter or certificate of recognition to a plaque commemorating a special occasion or eve nt.
B. Need for Guidelines. Ceremonial recognition items are presented purely as gestures of high esteem. If provided too freely or for less than honorable purposes, they are apt to lose significance and become meaningless. Therefore, these Guidelines and Procedures for the issuance and presentation of ceremonial recognition Items shall be adhered to fully.
C. Jurisdictional Limitations and Description of Ceremonial Recognition Items . Ceremonial recognition items shall be awarded to businesses, organi zations, and individuals located in, providing services in, or residing exclusively in the City of Victorville. All other requests will be denied, and the requesting party shall be referred to the appropriate jurisdiction.
1. Certificates of Recognition in P resentation Folders. Certificates of Recognition in Presentation Folders are intended to commend and recognize businesses located in the City of Victorville during small -scale ribbon cuttings, grand openings, and open house events.
2. Letters of Recogni tion/Congratulations. Letters of Recognition/Congratulations are intended to commend and recognize the following:
(a) Major achievements, such as the Eagle Scout Award and Girl Scout Gold Award. (b) Milestone events, such as the anniversary of an organiza tion, wedding anniversaries of 50 or more years, or other life milestones, such as significant birthdays.
3. Framed Certificates of Recognition. Framed Certificates of Recognition are intended to commend and recognize the following:
(a) Exceptional contributions to the City of Victorville by a community organization, business, or individual; and
(b) Large scale ribbon cuttings, grand openings, a nniversaries, and open house events for businesses located in the City of Victorville.
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49 4. Plaques.
(a) Plaques shall be presented only to prominent business and/or organizations that have made a significant contribution to the City of Victorville and its residents. (b) Plaques may also be prepared for presentation to certain individuals who have acted with distinction in carrying out their duties or who have taken extraordinary actions that further the best interests of the City of Victorville and its residents. (c) The presentation of plaques will only be made in the City of Victorville where the business/organization/individual can be formally acknowledged.
5. Proclamations. Proclamations are ceremonial documents signed by the Mayor for
(a) public awareness,
(b) charitable fundraising campaigns, and
(c) arts and cultural celebrations.
Proclamations will not be issued to or for any of the following:
(a) Individuals. Proclamations must affect a broad group of people. (b) Matters of political controversy, ideological or religious beliefs, or individual convictions.
(c) Events or organizations with no direct relationship to the City of Victorville. (d) Campaigns or events contrary to policies of the City of Victorville.
D. Procedures for Requesting Ceremonial Recognition Items.
1. Each request must be submitted in writing to the City Clerk's office at least seven business days prior to the date the ceremonial recognition item is needed. There are no exceptions to this requirement unless specifically waived by the Mayor and Mayor Pro Tem or when the request is made by the City of Victorville’s Public Information Officer in furtherance of his/her official duties.
2. Each request must be submitted in writing to the City Clerk, except when the Public Information Officer, in furtherance of his/her official duties, is the requester.
3. Businesses and individuals located in, providing services in, or residing in the City of Victorville may submit requests. Any Councilmember may also request ceremonial recognition items, subject to the criteria set forth herein.
4. Each request must include the following:
(a) The contact person’s first and last names, address, e-mail address, and telephone number.
(b) The name of the individual who will be accepting the presentation if different
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50 from the contact person’s name.
(c) A brief summary and/or background information about the event, organization, or individual to be recognized and the reason the recognition is being r equested. (d) The date the item is needed.
(e) The date, time, and location of the event if the ceremonial recognition item is to be presented at an event.
5. All requests shall be approved by the Mayor and the Mayor Pro Tem. To the extent the Mayor and Mayor Pro Tem are not in agreement on approving a request for a ceremonial recognition item, then such request will be placed on the next available City Council Agenda for consideration by the City Council. The City Council reserves the right to modify or deny any request.
6. Councilmembers shall uphold the good purpose intended for ceremonial recognition items. Therefore, in keeping with the Councilmembers’ Code of Ethics to be above reproach and avoid the appearance of impropriety, Councilmembers shall not request ceremonial recognition items for any private or personal interest, including politics.
Furthermore, no Councilmember may request an official recognition for or on behalf of any business, organization, or individual associated with an organization in which the Councilmember serves as an employee, member, or volunteer.
7. Only one official signed copy of any form of recognition will be issued per individual or organization per calendar year.
8. Ceremonial recognition items are not automatically reissued every year. No announcement may be made regarding any recognition item until official confirmation has been received from the Mayor's office.
E. Criteria for Awarding Ceremonial Recognition Items.
1. All ceremonial recognition items shall be consistent with the United States Constitution, the California State Constitution, the Victorville Municipal Code and the various laws passed pursuant to such instruments.
2. The City Manager and his/her City Clerk shall ascertain whether the prospective recipient is in good standing with the City, has any potential conflicts of interest, and/or is related to any member serving on the City Council or working in the City.
3. If the prospective recipient is in good standing with t he City, but another potentially disqualifying circumstance exists with either the requester or the prospective recipient, the information shall be brought to the City Council at the next available City Council meeting to determine whether it is appropriat e to provide the ceremonial recognition item.
F. Additional Information Related to Ceremonial Recognition Items .
1. All requests will be submitted to the City Manager and City Clerk at a weekly review meeting for consideration. All items consistent with the guidelines in this Chapter will then be reviewed for further consideration by the Mayor and Mayor Pro -Tem, who will follow the provisions set forth in this chapter.
2. The Mayor shall sign all ceremonial recognition items. However, when a Councilmember is the
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51 Mayor’s designee, when a specific Councilmember is the lone invitee to the event, or when a Councilmember has been requested by a business or organization to be a speaker at the event where a certificate of recognition is to be presented, that Councilmember shall also sign the certificate of recognition.
3. Ceremonial recognition items are bestowed only at a Council meeting or other event where the recognition item is to be presented. The Mayor or his/her designee shall be the presenter.
Notwithstanding the forgoing, when an event organizer(s) has invited one Councilmember to an event, that Councilmember shall be the Mayor’s designee.
4. Letters of Recognition/Congratulations may be mailed.
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52 CHAPTER 9 ‐ COMMISSIONS, COMMI TT EES, AND BOARDS
I. PURPOSE AND GENERAL CONSIDERATIONS
A. Role of City Commissions, Committees, and Boards . Most commissions, committees, and boards established by the City Council are advisory to the City Council. The role of all such commissions, committee s, or board s is to make recommendations to the City Council on matters affecting the City of Victorville. Except as otherwise provided in State or local law, commissions and committees have no independent role separate and apart from their role as advisory to the City Council. Commissions, committees, and boards have no authority to appropriate funds or make policy except as otherwise approved by the City Council.
B. Nomination and Confirmation. On or before December 31 st of each year, the City Clerk (or such other staff as the Council may designate) shall prepare and provide to the City Council an appointm ents list of all regular and ongoing commissions, committees , and boards appointed by the Council and the terms of the members of such boards, committees, and commissions that will expire during the next calendar year as required by Government Code Section 54970 et seq., also known as the Maddy Act. City Council Resolution No . 13-049 identifies that the normal term of each regular committee member shall be four years, more or less, and shall be coterminous with the term of office of the nominating Councilmember.
As such, in years when a City Council election takes place, all seats on commissions, committees, and boards for newly elected Councilmembers will be open for nomination and appointment. In years when there is no City Council election, only those seats that are unfilled will be open for nomination and appointment. Such nominations must be confirmed by a majority vote of the full membership of the City Council in order for an appointment to occur. The Presiding Officer shall facilitate appointments in accordance with nomination and appointment procedure set forth in Ch apter 2, points 1 -6. To the extent a Councilmember’s nominee for a specific commission , committee, or board does not obtain the requisite affirmative votes , such Councilmember will be given the opportunity to nominate up to three (3) other individuals, eit her at the same meeting or at subsequent meetings. In the event a Councilmember’s subsequent three (3) nominees are not confirmed by a majority vote of the Council, then the City Council shall appoint a commission, committee, or board member using the sam e procedures set forth herein .
Unscheduled vacancies shall be filled in accordance with Government Code Section 54974.
Such unscheduled vacancy appointments shall be coterminous with the appointing Councilmember’s term of office as provided for in City C ouncil Resolution No. 13 -049.
C. Instruction and Training . The Council shall ensure that all members of City commissions, committees, and boards are properly instructed on their responsibilities, direction, and performance expectations. Such City commi ssions, committees, and boards shall also be required to follow the applicable provisions of Resolution No. 13 -049 and any amendments or successor resolutions thereto.
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53 D. Planning Commission . Victorville Municipal Code Section 2.12.020 “Terms – Regular Members” specifies that the term of each regular commission member shall be four years, more or less, and shall be coterminous with the term of the office of the nominating Councilmember. It further should be noted that Resolution No. 13-049 does not apply to the Planning Commission. The membership, powers, and responsibilities of the Planning Commission are set forth in Chapter 2.12 of the Victorville Municipal Code and various provisions of State Law. In accordance therewith, the Planning Commission has adopted rules for transacting Planning Commission business.
E. Conflict of Interest. All members of commissions, committees, and boards shall abide by the provisions of the Political Reform Act, FPPC regulations, and provisions of the common law relating to conflicts of interest.
II. CITY COUNCIL SUBCOMMITTEES
A. Purpose. At times, the City Council forms committees composed solely of a portion of its own membership. These committees, often referred to as subcommittees, are formed to study, investigate, and make recommendations to the full Council regarding specific topics and may be designated as either Standing or Ad Hoc.
1. Standing Subcommittees . These subcommittees have a continuing subject matter jurisdiction or meeting schedules that are fixed by the Council. Regardless of the number of members, Standing subcommittees are required to comply with the Brown Act.
2. Ad Hoc Subcommittees . These s ubcommittees have a specific purpose and limited duration, no continuing subject matter jurisdiction, and no meeting schedule fixed by the Council. Ad Hoc Subcommittees composed solely of less than a quorum of the City Council membership (2 members maximu m) are generally exempt from the Brown Act and thus are not required to schedule regular meetings or post meeting dates and agendas.
B. Subcommittee Formation and Appointment.
1. Standing Subcommittees. The Council may create or dissolve Standing subcommittees at any time by the affirmative vote of a majority of the Council. The Mayor nominatesand the City Council confirms by majority vote the members of Standing subcommittees.
2. Ad Hoc Subcommittees . The Council or the Mayor may create ad hoc subcommittees.
The Mayor has the discretion to make appointments to such ad hoc subcommittees himself/herself or to allow a majority of the Council to vote on such appointments.
C. Subcommittee Responsibilities . The responsibilities of subcommittees include making and submitting recommendations and information to the Council for consideration and/or a vote (once properly agendized as noted in Section III.C, below, to ensure compliance with the
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54 Brown Act). Staff will work with and support Council subcommittees as required and in accordance with the provisions of Section II of this Chapter.
D. Review of Standing and Ad Hoc Subcommittees. At its second regular meeting in December (or as soon thereafter as possible), and prior to making any appointments, the Counci l will review each currently-existing Standing or Ad Hoc Subcommittee and determine the need to renew or terminate the committee.
E. Conduct of Subcommittee Meetings . Council subcommittees shall generally follow the meeting procedures and rules of order set forth in Resolution No. 13-049.
III. ADMINISTRATIVE SUPPORT FOR CITY COMMISSIONS AND COMMITTEES.
A. Staff to Provide Support. City staff will provide assistance and support to City commissions, committees, and subcommittees; however, such commissi ons, committees, and subcommittees do not have supervisory authority over City employees. While staff may work closely with these entities (particularly the Planning Commission), City staff members remain responsible to their immediate supervisors and ultimately to the City Manager. The members of City commissions, committees, and subcommittees are responsible to perform the functions (as set forth in Victorville Municipal Code or other City Council directive) of their respective committees/commissions.
B. Examples. Staff support includes preparation of an agenda and preparation of reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate back-up materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues.
C. Procedure for Recommendations to Council . Advisory City commissions, committees, and subcommittees wishing to communicate progress, status, and/or recommendations to the City Council must do so through approved Council agenda procedures. In addition, if such commissions, committees, and subcommittees wish to correspond with an outside agency, such correspondence will be prepared by staff for review by the City Man ager and possible approval by the City Council. Individual members of City commissions, committees, and subcommittees who would like City staff to perform research or review a particular issue must gain the approval for such a request from the City Manager before any work is planned or done.
IV. COMMISSIONS, COMMITTEES , AND BOARDS ON WHICH COUNCILMEMBERS SERVE AS CITY
REPRESENTATIVES
A. Outside Agencies. City Councilmembers are appointed to serve as City representatives on the boards of commissions and/or committees of outside agencies in the region, such as the Victor Valley Transit Authority (“VVTA”), the San Bernardino County Transportation Authority (“SBCTA”), and the Victor Valley Wastewater Reclamation Authority (“VVWRA”).
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55 B. Procedures. Nominat ion and confirmation of such representatives and one alternate shall follow the same procedure identified in Section I.B for City Commissions, Committees, and Boards.
C. Absence. Whenever a member of the City Council is unable to attend a regional board or committee meetingto which he or she is designated as the City’s representative, he or she shall notify his/her alternate to request his/her attendance.
D. Duties. Councilmembers appointed to serve on outside agencies shall do so as representatives of the City, shall comply with the rules of procedure adopted by such agencies when participating in meetings of such agencies and shall provide updates or reports to the City Council on the activities of such agencies as required.
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56 CHAPTER 10 - ENFORCEMENT
I. CENSURE AUTHORIZED
Censure is a formal resolution of the City Council that reprimands one of its own members for specified conduct, generally a violation of State, Federal, or local laws; or of City policy, including the provisions of this Manual (hereinafter collectively “L aw”). Censure should not follow an occasional error in judgment that occurs in good faith and is unintentional, but it is appropriate when the violation is considered to be a serious offense or the conduct involves intentional and repeated violations of L aw or City policy after other Councilmembers have informed the offending Councilmember of the violation(s). Censure carries with it no fine or suspension of the rights of the member as an elected official, but it nonetheless is a punitive action for wrongdoing.
II. CENSURE PROCEDURE
A. Request for Censure Hearing . During the open portion of any regular or special meeting of the City Council, any Councilmember may make a motion to calendar a censure hearing concerning the violative conduct of one of its members.
1. Specific Allegations. The request must include specific allegations of the conduct that constitutes a violation of the Laws or City policy upon which the proposed censure is based.
2 Support; Hearing or Investigation. If a majority of Councilmembers support the request then a) direction shall be given to City Manager to calendar the item for a future agenda or b) the Council shall appoint an ad hoc committee to investigate the charges.
3. When No Investigation Required . If the conduct or violation alleged is patent or otherwise clearly apparent, setting of the censure hearing shall proceed in accordance with Subsection C, below.
B. Investigation. If a majority of the Council determines an investigation is warranted, the Council shall designate an ad hoc committee consisting of two of its members, one of which shall be the Mayor, to conduct the investigation. If the Mayor is the subject of the cha rges, the Mayor Pro Tem shall be appointed in lieu of the Mayor to serve on the ad hoc committee.
1. Independent Investigator. The Council may select an independent investigator to assist in conducting the investigation. The independent investigator woul d be managed by the ad hoc committee to conduct the investigation.
2. Process for Taking Statements . In the course of the investigation, the committee must determine the process by which statements are taken. A witness may choose to provide a signed dec laration under penalty of perjury attesting to his or her knowledge of the facts surrounding the allegations. If a witness is unwilling to submit such a declaration,
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57 the Council may issue a subpoena to compel the witness' testimony, consistent with its subpoena power granted under the Government Code.
3. Conclusion of Investigation . At the conclusion of the investigation, the results shall be presented in writing to the full Council. Based on the results and upon a majority vote of the Council, a censure hearing may be set in accordance with Subsection C, below.
4. Investigation Guidelines . The following guidelines apply to ad hoc committee investigations:
(a) The committee may be staffed by administrative and legal staff. (b) If authorized by City Council, the committee may subpoena witnesses and documents. (c) In making a determination to hold a censure hearing, the committee should determine if after taking all the facts and evidence into consideration, there are reasonable grounds to believe or no t believe that the conduct, violation, or offense occurred.
(d) The committee shall issue a final report and recommendations to the City Council. The final report shall be made available to the public.
C. Censure Hearing. If a censure hearing is set, it must be set far enough in advance to give the Councilmember subject to the charges adequate time to prepare a defense. That member shall be given the opportunity to make an opening and closing statement and to question his or her accusers. The Councilme mber subject to the charges may be represented and may have the representative speak or question on his or her behalf. The Mayor, or the Mayor Pro Tem if the Mayor is the subject of the charges, shall preside at the hearing. The rules of evidence shall not apply to the hearing, which is not a formal adversarial proceeding. The City Attorney or designee shall provide legal advice to the City Council during the hearing.
D. Resolution of Censure . A decision to censure requires the adoption of a resolution making findings with regard to the specific charges, based on substantial evidence, and approved by the affirmative vote of at least three (3) Councilmembers. In accordance with Government Code section 995, upon request of a Councilmember, the City may reimburse the Councilmember’s reasonable attorney fees and costs in defending himself/herself.
III. REMOVAL
A. Disruptive Conduct by Councilmember During Meeting.
1. In addition to the foregoing and as set forth in Section III.C of Chapter 5 of this Manual, the provisions of Government Code Section 36813 shall be applicable to the conduct of Councilmembers during Council meetings. Said Section provides:
The City Council may establish rules for the conduct of its proceedings. It may punish a Councilmember or other person for disorderly behavior at a meeting.
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58 2. In accordance with Section 36813 and Section III.C of Chapter 5 of this Manual, the punishment may include removal from the Council Meetin g of the disruptive Councilmember upon a majority vote of the City Council. A motion for removal may be made by any Councilmember, including the Mayor, and is not debatable. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
IV. ACKNOWLEDGEMENT OF RECEIPT AND UNDERSTANDING OF MANUAL
Upon first entering office, upon election to any subsequent term, or whenever this City Council Policy and Procedures Manual is updated by City Council Resolution, every Councilmember shall sign a statement affirming that he/she has received, read, and und erstood the provisions set forth in this Manual and furthermore agrees to abide by them.
P:\APPS\WPDATA\VVCA\0002 CITY COUNCIL\COUNCIL POLICY MANUAL\DOC\022.2 Policy Manual Clean Chap 8 9 Rev 6.3.22.DOCX
ATTACHMENT C
City of Victorville
City Council Policy and Procedures Manual
Adopted by the Victorville City Council
by Resolution No. 17-056 on October 3, 2017
Revised by Resolution No. 18-074 on September 4, 2018
Revised by Resolution No. 19-057 on October 1, 2019
Revised by Resolution No. 20-055 on June 23, 2020
Revised by Resolution No. 21-021 on March 16, 2021
Revised by Resolution No. 22-015 on May 17, 2022
Revised by Resolution No. 22-111 on October 4, 2022
-i-
TABLE OF CONTE NTS
TABLE OF CONTENTS i
CHAPTER 1 ‐ INTRODUCTION AND PURPOSE 1
CHAPTER 2 ‐ ROLE OF CITY COUNCIL 2
CHAPTER 3 ‐ COUNCIL MEETINGS 11
CHAPTER 4 ‐ AGENDA 19
CHAPTER 5 ‐ MEETING RULES OF CONDUCT AND DECORUM 22
CHAPTER 6 ‐ ADMINISTRATIVE MATTERS 32
CHAPTER 7 ‐ RELATIONSHIP AND CONDUCT 35
CHAPTER 8 – COMMUNICATION AND REPRESENTATION 40
CHAPTER 9 ‐ COMMISSIONS, COMMITTEES AND BOARDS 48
CHAPTER 10 - ENFORCEMENT 52
Chapter 1
1 CHAPTER 1 ‐ INTRODU CTION AND PURPOSE
I. PURPOSE OF MANUAL
A. Compile, Revise and Adopt Rules and Policies. By adopting this Policy and Procedures Manual (“Manual”), the City Council of the City of Victorville (the “City Council” or “Council”) hereby establishes updated Rules of Procedure for the preparation of its agendas, conduct of its meetings, and transaction of other City Business. In addition, by adopting this Manual, the City Council further compiles, consolidates, updates, and supersedes any prior Council Policies, Resolutions, rules, and related administrative procedures that have been formally adopted by the City Council addressing the subject matter and/or the topics discussed herein.
B. Provide Standards and Guidance. The purpose of this Manual is to set a standard of professionalism for the conduct of the City Council’s business. Victorville ha s a long and proud tradition of open government and civil, intelligent public discourse. This Manual is intended to enhance public participation and Council debate so that the best possible decisions can be made for Victorville. While attempting not to b e overly restrictive; procedures, policies, and codes of ethics and conduct are being established and/or clarified so that expectations and practices are clearly articulated to guide City Councilmembers in their day-to-day conduct and actions.
C. Ease of Reference. Having the majority of the rules, procedures, practices and policies (hereinafter collectively “Rules”) of the Victorville City Council consolidated and contained in a single, easily -accessible document will clarify expectations and responsibil ities and will streamline the conduct of meetings and other City Council business in the public interest.
II. EFFECTIVE DATE AND PERIODIC REVIEW/UPDATE OF MANUAL
A. Effective Date. The Rules contained in this Manual shall be in effect immediately upon their adoption by City Council resolution, and shall remain in effect until such time as this Manual is amended and new Rules are adopted and/or updated by City Council resolution.
B. Biennial Review. This Manual will be reviewed at least biennially (once every two years) and be revised by City Council Resolution if and as needed.
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2 CHAPTER 2 ‐ ROLE OF CITY COUNCIL
I. OVERVIEW
A. City Council Acts as a Body. One of the fundamental tenets of city governance is recognizing that the C ity Council acts as a body. No individual Councilmember has extraordinary powers beyond those of other members. Although the Mayor and the Mayor Pro Tempore (“Pro Tem”) have additional ceremonial, parliamentary and administrative responsibilities as described below and elsewhere in this Manual, with respect to the establishment of policies, voting, and in other significant areas, all members are equal.
B. Establishment of City Policy . City Policy is established and direction is given to City staff by a majority vote of the Council. Neither the Mayor nor the Mayor Pro Tem has veto power or any other policy-making authority beyond that of the other Councilmembers.
C. Decisions of Majority of Body Binding on City Council. While individual Councilmembers may disagree with decisions of the majority, a decision of the majorit y does bind the City Council to a course of action and provides City staff with clear direction to follow. Similarly, City staff is responsible to ensure that the policy set by the City Council is implemented and upheld consistent with the wishes of the majority. Implementation of City Council policy by staff does not reflect a bias against Councilmembers who held a minority opinion on an issue.
II. COUNCIL ELECTION AND GOVERNANCE
The City of Victorville is governed by a five -member City Council elected t o four-year terms on a staggered basis. Councilmembers are elected in the general election in November of even - numbered years. The Mayor and Mayor Pro Tem will be appointed by a majority vote of the entire membership of the City Council. The City Council shall appoint the Mayor and Mayor Pro Tem for one-year terms at the first regular meeting in December of every year or as soon thereafter as feasible and, when applicable, following the certification of election results and seating of new City Councilmembers. The newly -appointed Mayor and Mayor Pro Tem assume their positions immediately following the majority vote.
The nomination and appointment procedure for the offices of Mayor and Mayor Pro Tem shall be conducted in successive order and as shown below.
1. The City Clerk opens nominations.
2. The City Clerk receives up to one nomination per Councilmember until no further nominations are forthcoming. Seconds are not required.
3. The City Clerk closes nominations.
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3 4. The City Clerk calls on each Councilmember to cast by verbal vote the name of his/her nominee of choice.
5. The City Clerk announces the outcome of the vote and declares the appointment upon a majority vote of the full membership.
6. If an appointment is not confirmed, the City Clerk repeats the foregoing procedure once more on the prospect of the City Council reaching agreement.
The newly-appointed Mayor shall preside over the process for the office of Mayor Pro Tem, unless he/she prefers the City Clerk facilitate the appointment.
Should the City Council be unsuccessful in its appointment efforts, whether it be by insufficiency of votes or failed action p ursuant to Chapter 5, Section R, Tie Votes, the item shall be reconsidered during the next regular City Council meeting in expectation of securing the requisite consensus of the full body. If such consensus is not gained after the second consecutive Counci l meeting during which one or more appointments were considered, the sitting Mayor and/or Mayor Pro Tem, as applicable, shall remain in office until the next annual organizational meeting.
III. ROLE AND DUTIES OF MAYOR
A. Official Ceremonial Head of City. The Mayor is recognized as the official head of the City for all ceremonial purposes and shall perform such other duties consistent with the office as set forth in this Manual and as may be delegated to the Mayor by majority vote of the City Council.
B. Presiding Officer. The Mayor is the Presiding Officer at all meetings of the City Council and acts as the chair. In this role, the Mayor has authority and discretion
1. to pr eserve order at all Coun cil me etings by facilitating the effective conduct of business during meetings and assisting, when deemed necessary, fellow Councilmembers in understanding their roles and responsibilities in municipal governance;
2. to enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of this Manual;
3. to determine the order of business at meetings of the City Council; and
4. to require any person addressing the City Council to be sworn as a witness and to testify under oath when, for example, testifying in judicial or quasi -judicial proceedings. The Mayor or other Presiding Officer shall also require such swearing-in if directed to do so by a majority of the Council.
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4 C. External Communication of Policy. The Mayor is to faithfully communicate the position of the Council majority in matters of policy.
D. Seating Arrangement for City Council. The Mayor assumes the center chair on the dais and oversees the seating location of the other Councilmembers at all meetings of the Council, in council chambers or elsewhere. The Mayor will, following each Council election of officers and at such other times as the Mayor deems it necessary, establish the seating arrangement of the Councilmembers. The Mayor Pro Tem will always be seated immediately next to the Mayor.
E. Signing Documents. The Mayor, whenever available, shall sign all ordinances, resolutions and other documents that have been a dopted and authorized by the City Council and require an official signature. However, the City Manager or another City official may sign certain documents when so authorized by Council action and/or the provisions of the Victorville Municipal Code .
F. Absence of Mayor. In the absence of the Mayor, the Mayor Pro Tem performs the duties of the Mayor, including acting as the Presiding Officer at meetings. When both the Mayor and the Mayor Pro Tem are absent from any meeting of the Council, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of th e Mayor or Mayor Pro Tem, or until adjournment, whichever comes first.
G. New Councilmember Orientation. The Mayor will lead, with the assistance of the City Manager, new Councilmember orientations.
IV. ROLE AND DUTIES OF ALL COUNCILMEMBERS
A. Annual Review of Residency
Government Code Section 36052(a) requires Councilmembers of this City to maintain a legal residence or domicile within the City of Victorville and rules regarding residency are further discussed in Section 243 and 244 of the Government Code. To properly ensure compliance, Councilmembers shall be required to certify with the City Clerk annually, their residency or domicile within the City of Victorville.
Acceptable forms of proof of residency are as follows:
Councilmembers are required to live in the District they represent and are required to live in the City of Victorville during their entire term in office. To ensure that the Councilmembers continue to live in the area they represent, each elected official must submit one of the following documents to the City Clerk during the first 31 calendar days of the year ( January
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5 1st to 31st):
1. Proof of home ownership as evidenced by:
1) a copy of a title deed or grant deed, a mortgage payment billing statement verifying the address or any other document that can verify home ownership and residency of the property, or
2) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is their primary residence.
If the elected official does not have a tax exemption on file they must submit an affidavit signed by the elected official verifying that the home is their primary residence; or
If the home ownership is in the name of a person other than the elected official, or in the name of a legal entity, such as a trust, partnership or corporation, the elected official must submit an affidavit signed by the homeowner or authorized legal representative of the entity verifying that the elected official is living in the home as their primary residence; or If the residence is rented or leased by the elected official, the elected official will provide proof of residency by submitting a signed copy of a current and legally enforceable lease or rental agreement demonstrating that the elected official resides at the specified address; or
If an elected official is living at a residence without a lease/rental agreement the elected official must have the landlord or property owner sign an affidavit verifying, under penalty of perjury, the elected official's residency in landlord or owner's property
2. Proof of current motor vehicle registration, if any motor vehicles are registered to the elected official for the residence claimed or proof of a valid California driver's license showing their address on their license is within the Disrtict they represent. If the residence address on either the driver's license or auto registration is in process of being changed, the elected official must provide a document from the California Department of Motor Vehicles (Form DMC14) verifying the change is in process. If the elected official does not own an automobile or does not have a California driver's license, the elected official must submit any other State of California issued identification showing that their address on the identification document is consistent with the address shown on their current voter registration.
3. A current utility bill in the elected member's name showing that the service address is within the respective District for the Councilmember in the elected official's name. In the event a utility bill has not been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the elected official's name will suffice. If there is an agreement with a landlord or other legal enti ty, as verified by a rental contract or lease contract, that the landlord or other legal entity will pay the utility bill, the elected official must submit an affidavit signed by the landlord or the other legal entity's
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6 authorized legal representative, verifying that the landlord or other legal entity is responsible for paying the utility bill.
4. Other documents showing current residence address in the respective District for Councilmembers:
A. School records or any official document issued by an accredited educational institution, sealed by the school.
B. Current paycheck stub or personnel record issued by the elected official's employer.
C. Current homeowner or renter insurance policy.
D. Current documents issued by any California court or a federal court that lists the name of the elected official and their residence address.
E. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal credit union, or any institution or entity that has issued a credit card.
Additionally, the elected official must sign an affidavit verifying, under penalty of perjury, residency.
In the event that a Councilmemb er moved to a new residence within the District, after the filing of the previous affidavit, the elected official must confirm the new address within 60 days of moving by providing one of the documents listed in items 1 through 4 and an affidavit to the City Clerk.
Incumbent elected officials who have not relocated since the information required by this Section was last provided may comply with this Section by supplying a copy of a current driver's license or State of California issued identification card and an affidavit that they have not relocated and all previously supplied information remains true and correct. The City Clerk shall confirm that the residence address on the incumbent elected official's voter registration is consistent with the other ite ms supplied to demonstrate the residence address in the respective District that residence is claimed for serving in a City Council seat.
Failure to provide any of the above-required documents on or before January 31st of each year shall be referred to t he City Council for further action and could result in his/her office becoming vacant in accordance with Government Code Section 36502, and the City Council could take an action to remove said Councilmember.
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7 Government Code Section 36502(a) provides:
“A person is not eligible to hold office as councilmember…unless he or she is at the time of assuming the office an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate…If, during his or her term of office, he or she moves his or her place of residence outside of the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant.”
Alternatively, for non-compliance with this Section, the Council could consider taking action to remove the Councilmember from committee assignments and access to public facilities outside of normal working hours.
B. Advance Preparation for Meetings.
1. Prior Review of Agenda Materials. Prior to attending Council and committee meetings, study sessions and/or workshops, Councilmembers shall read or otherwise familiariz e themselves with each agenda and supporting documentation for the items thereon.
2. Seek Prior Clarification of Agenda Materials. In respect for everyone’s time and to help ensure that individual Councilmembers may be equipped to make informed decisions, do his/her best work, and move meetings forward in a meaningful way, it is incumbent upon each Councilmember to promptly seek answers to questions he/she may have about the posted agenda items and agenda -package materials for the immediately pending meeting. Toward fulfilling these objectives, Councilmembers should seek the aforementioned assistance from the City Manager, City Attorney, City Clerk, or such Senior Management as the City Manager may designate (e.g., Assistant City Manager, Deputy City Mana ger, City Engineer, Public Information Officer, City Department Directors, or the Police Chief) as soon as possible after receipt of the agenda package and prior to the meeting to which the agenda package relates.
3. Avoid Unfair Surprise . Councilmembers should advise the City Manager in advance of issues or questions they intend to bring up at a public meeting. This refers to issues and questions that City staff would not normally anticipate or have researched for that particular meeting.
4. Report Possible Absences. Each Councilmember shall report immediately to the Mayor and City Clerk any likelihood of absence in order to ensure the most effective facilitation of City Council meetings. To the extent any Councilmembers are absent or going to be absent for two or more consecutive regular council meetings, that Councilmember should seek the consent of the City Council to excuse such absence either prior to the absence, or immediately upon return, which consent shall require majority vote of the quorum.
C. Councilmember Appointments and Assignments . Following nominations by individual
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8 Councilmembers, the City Council confirms by a majority vote of the entire membership its appointments to City commissions, boards, and standing committees, as well as its appointments to the various boards, commissio ns, and committees of outside agencies on which Councilmembers serve as representatives of the City. The nomination process for such appointments shall follow the same nomination procedures as provided in Chapter 2, Section II of this Manual relating to the nomination of Mayor and Mayor Pro Tem. See Chapter 9 as to the roles and duties of such committee, commission, and board appointees, and additional rules relating to nominations and the filling of vacancies. Chapter 9 also provides rules relating to t he creation and purposes of Ad Hoc subcommittees composed of less than a quorum of the City Council.
D. Council Vacancies. Whenever a vacancy occurs in the office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code section 36512 or the provisions of any ordinance adopted by the City Council thereunder. If a vacancy is to be filled by appointment, and in order that the Council may select the candi date best suited to the position, the City shall initiate an application and interview process which shall be robust, uniform, and free from the appearance of impropriety. Except for official communication with the City Manager’s office, which includes the City Clerk, all contact between Councilmembers and candidates regarding the appointment process and/or potential appointment is restricted to a formal interview process during a public meeting. Any candidate who violates this protocol may be excluded from appointment. An ad hoc subcommittee of less than a quorum of the Council shall develop the process for appointment, which is subject to Council approval.
E. Leadership, Goals, and Policy; Ex-Officio Roles of the City Council.
1. Leadership, Goals, and Policy. City Councilmembers are elected to provide leadership in setting goals and in formulating policies. The City Council is the focal point for identifying and interpreting the wishes of the citizens and translating these into specific programs.
Successful goal setting and policy formulation largely depend on a good working relationship amongst the Council and between the Council and the administrative staff.
Under the City Manager’s direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and calculating the costs of proposals. However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City.
2. Ex-Officio Roles. The Cit y Council also serves as the Boards for the Victorville Water District (“VWD”), the Southern California Logistics Airport Joint Powers Authority (“SCLAA”), the Southern California Logistics Rail Authority ("SCLRA”), the Library Board of Trustees, the Succe ssor Agency to the Victorville Redevelopment Agency, the Housing Assets Successor, and the Victorville Joint Powers Financing Authority (“JPFA”), with all meetings being held concurrently. References made in this Manual to the City Council also include the Council when acting in it its roles as the boards of the aforementioned entities.
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9 F. Engaging in Legislative and Quasi -Judicial Decisions/Acts . Almost all actions or decisions made by the City Council fall into one of two categories: legislative or quasi-judicial.
1. Legislative. These actions/decisions formulate rules to be applied to all future cases.
Examples include, but are not limited to: adoption and amendments to municipal codes, general plans, zoning codes, and personnel regulations. These actions are generally taken by ordinance or resolution.
2. Quasi-Judicial. While legislative actions establish public policy and rules applicable to groups of property or people, quasi -judicial proceedings affect individual properties o r parties. Quasi -judicial proceedings involve the application of established standards to individual facts to determine specific rights or to take specific actions under existing law.
3. Due Process. The distinction between these two types of acts/decisions comes into play in the due process afforded to parties (particularly in the public and appeal hearing context), as explained in more detail in Chapter 3, Section VI of this Manual.
G. Issuing Subpoenas. Pursuant to Government Code section 37104, the City Council may issue subpoenas to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before the Council. The form of oaths administered by the City Clerk will be substantially in the following form:
<Name of affiant>
“I hereby declare or affirm under penalty of perjury that the testimony I am about to give before the City Council is the truth.”
H. Compliance with Code of Ethics. On July 7, 2009, the City Council adopted Resolution No. 09- 059 establishing a Code of Ethics setting forth principles and standards of conduct to be observed by all Councilmembers. Immediately upon adoption of this Manual by resolution of the City Council, Resolution No. 09-059 shall be superseded in its entirety by the provisions of Section V, below.
I. Handling Concerns or Complaints from the Public and Staff. Councilmembers shall function within their established roles when listening to concerns or complaints from the public and staff. While it is important to be available when issues arise, Councilmembers shall abide by uniform procedures to ensure matters are handled expeditiously and everyone is treated respectfully and fairly. Councilmembers shall remain neutral when receiving reports, conveying that they have no individual authority to resolve issues and further recognizing that only one side of the stor y is being heard. Councilmembers shall adhere to their policy role pursuant to Chapter 2 of this Manual, being certain not to interfere with the administrative functions of the City or the professional duties of City staff. The same level of care must be exercised when responding to emails as is described for personal interactions.
Chapter 2
10 Councilmembers shall use the following procedures when handling concerns or complaints:
1. Receive - Listen to what the person has to say without preparing a response.
2. Repeat - Paraphrase or ask a question to clarify for understanding. Ask the person to identify those to whom s/he has spoken about the matter prior to contacting a Council member.
3. Request - Ask what the person would like the Council member to do with the information and/or what is seen as a solution to the problem.
4. Review - Indicate that the information will be shared with the City Manager in order that the City Manager or his or her designee may be able to provide a response or additional information as may be necessary.
V. CODE OF ETHICS FOR COUNCILMEMBERS
A. Intent and Purpose. To assure public confidence in the integrity of local government and its effective and fair operation, this Code of Ethics provides a framework for day -to-day actions and decision-making by Councilmembers and represents a commitment to uphold a standard of integrity beyond that required by law. The citizens and businesses of Victorville are entitled to a fair, ethical, and accountable local government that has earned the publi c’s full confidence for integrity. To ensure the effective functioning of democratic government, the City Council requires each of the following:
1. Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government.
2. Public officials be independent, impartial, and fair in their judgment and actions.
3. Public office be used for the public good, not for personal gain.
4. Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
B. Principles and Standards. The principles and standards of ethical conduct for Victorville City Councilmembers are hereby established as set forth below.
1. Act in the Public Int erest. Recognizing that stewardship of the public interest must be their primary concern, Councilmembers will work for the common good of the people of Victorville and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Victorville City Council.
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11 2. Comply with the Law . Councilmembers shall comply with the laws of the nation, the State of California, and the City of Victorville in the performance of their public duties.
These laws include, but are not limited to: the United States and California Constitutions, the Victorville City Charter, the Victorville Municipal Code, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, open government, and City ordinances and policies.
3. Councilmember Conduct . The professional and personal conduct of Councilmembers must be above reproach and avoid the appearance of impropriety. While it is understood that Councilmem bers enjoy First Amendment rights, they shall practice civility and decorum in discussions and debate, and refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the Council, boards, commissions, staff, or the public that is intended to disrupt and not further the City's business.
4. Respect for Process. Councilmembers shall perform their duties in accordance with the processes and rules of order established by the Council governing the delibera tion of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Council by City staff.
5. Decisions Based on Merit. Councilmembers shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.
6. Conflict of Interest. In order to assure their independence and impartiality in the City’s best interest, Councilmembers shall not use their official positions to influence decisions in which they have a conflict of interest.
7. Gifts and Favors. Councilmembers shall follow the laws that apply to the acceptance of gifts or favors as a public official.
8. Use of Title. Councilmembers may use their title only when conducting official City business, for informational purposes, or as an indication of background and expertise.
Individual Councilmembers must be careful not to: 1) exceed or appear to exceed his/her authority, 2) use his/her position to influence others unduly or, 3) use his/her title to improperly gain leverage or preferential treatment.
9. Confidential Information. Councilmembers shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests.
10. Use of Public Resources . Councilmembers shall n ot use public resources, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes.
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12 11. Advocacy. Councilmembers shall represent the official policies or positions of the Council to the best of their ability when desi gnated as delegates for this purpose. When presenting their individual opinions and positions, Councilmembers shall explicitly state they do not represent the opinion of the entire Council.
12. Positive Workplace Environment. Councilmembers shall support th e maintenance of a positive and constructive workplace environment for their employees, City employees, private citizens, and businesses dealing with the City. Councilmembers shall recognize their role in individual dealings with City employees. Councilme mbers shall not be immune to potential liability and/or legal proceedings by City employees when the rights of such employees who are acting within the scope of their employment have been infringed upon or violated by Councilmembers.
13. Policy Role of Counc ilmembers. Councilmembers shall respect and adhere to the Council-Manager structure of Victorville City government. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, boards, commissions, and City staff. Councilmembers shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions.
14. Enforcement. Councilmembers have the primary responsibility to ensure that this Code of Ethics is followed so the public may have full confidence in the integrity of government.
Although this Code of Ethics and Conduct is intended to “be self -enforcing” and wil l be most effective when Councilmembers are thoroughly familiar with and embrace its provisions, City Councilmembers who intentionally and/or repeatedly do not follow proper conduct may be subject to an informal reprimand (a statement of disapproval) or formal censure as set forth in Chapter 10 of this Manual.
C. Norms and Protocols. The following norms were agreed to by each individual Councilmember present during the Governance Workshops of February 2020 and February 2021.
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13 1) We conduct ourselves in a
professional manner.
2) We respect open government.
3) We value civil, intelligent public
discourse.
4) We seek to be efficient in our
meetings.
5) We treat all members of the
public with respect.
6) We understand our role in
contributing to a positive
workplace environment.
7) We respect the Council -
Manager form of government,
and Councilmembers do not
interfere with the role of the
City Manager or any
professional duties of City staff.
8) We keep confidential matters
confidential.
9) We know that a good working
relationship between Councilmembers
and with staff fosters good goal setting,
policy making and service delivery.
10) We understand that the Council acts as a
body, all members are equal, and policy
direction is only given by a majority vote
of the Council.
11) We understand that staff is obligated to
implement decisions made by the
Council, even if one of us doesn’t agree
with the Council’s decision.
12) We are prepared for Council meetings
and ask our questions of staff in advance
so we can avoid surprising staff at the
meetings. We know this is good
teamwork.
13) We act with high integrity in all matters
and follow our code of ethics.
Chapter 3
14 CHAPTER 3 ‐ COUNCIL MEETI NGS
I. REG ULA R MEET INGS
A. Time and Place . As set forth in Section 2.20.040 of the Victorville Municipal Code, regular meetings of the City Council are held the first and third Tuesdays of each month at 5:00 p.m. (Closed Session) and 6:00 p.m. (Regular Session) in the City Council Chambers locat ed at 14343 Civic Drive, Victorville, California. City Hall will be open and accessible to Councilmembers during regular City business hours and at such times as regular and special meetings of the City Council are being held. Regular City business hours are: Monday through Thursday 7:30 a.m. to 5:30 p.m. and Friday 7:30 a.m. to 4:30 p.m.
B. Compliance with Ralph M. Brown Act . To ensure that the deliberations and actions of the City Council are conducted openly and to ensure meaningful public participation, all meetings of the of the City Council shall be held in compliance with the provisions of the Ralph M.
Brown Act, Government Code Section 54950 et seq. (the “Brown Act”).
II. SPECIAL MEETINGS AND EMERGE NCY MEE TINGS
A. How Called and Held. Special meetings and emergency meetings of the City Council may be called by the Mayor or majority of the City Council and held from time to time consistent with and pursuant to the procedures set forth in the Brown Act. Any special meeting called pursuant to this section shall not be scheduled unless a majority of the City Council has confirmed their availability.
B. Accommodate the Public. To be respectful of the public, unfinished business in any special meeting held immediately prior to a regularly-scheduled meeting should be suspended until the regular meeting is adjourned.
III. CONSIDERATION OF NEW BUSINESS/CANCELLATION OF MEETINGS
A. Consideration of New Business. No new item of Council business as posted in the Written Communications portion of the meeting agenda (See Sections V.B and VI.F of this Chapter) shall be considered after 10:00 p.m. unless approved by a majority vote by the Council. New business not taken up by the Council shall be carried over to the next regular City Council meeting, or the meeting may be adjourned to a date specific at Council’s direction.
B. Cancellation of Meetings. Any regular or special meeting of the Council may be cancel led in advance by a majority vote of the Council during a prior meeting of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have advised the City Clerk of their unavailability to attend a meeting. The City Manager may cancel a meeting when he/she determines there is no business to be conducted at the meeting.
Appropriate notices will be provided. Solely for the purpose of confirming unavailability of members prior to cancelling a meeting, the City Clerk may poll the members of the City Council provided that the City Clerk does not communicate to any Councilmember the
Chapter 3
15 responses of any other Councilmembers polled. Written notice of cancellation shall be given to each Councilmember and further shall be post ed and distributed to the same parties and in the same manner as the agenda for regular meetings.
IV. MEETING MINUTES
A. Action Minutes. The City Council will use action minutes , which, at the discretion of the City Clerk, will contain either very little, if any, narrative content or a light summary to record their proceedings both during Open Session and Closed Session discussions. Action minutes will include final motions and will note for the record how each Councilmember voted. The minutes will als o reflect the names of public speakers, if stated, and may contain brief summaries of the nature of comments, and in public hearings whether they spoke in support or opposition of the agenda item at issue. The City Clerk will have exclusive responsibility for preparation of the minutes, and any corrections to the minutes will be made by majority vote of the City Council.
B. Reading Not Required. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, the minutes may be approved without a reading if the City Clerk has previously furnished the draft minutes in the City Council agenda packet.
C. Draft Minutes. Draft minutes of meetings are generally submitted to the Council for approval with the agenda pack et. Any Councilmember who was absent from the prior meeting may participate and vote on the approval of the minutes and need not abstain on the approval of the minutes for that meeting.
D. Recordings. Recordings of all regular and special meeting proceedings are maintained by the City Clerk for a period of 2 years or as provided for in the City’s currently -adopted records- retention schedule. Closed Session discussions shall not be recorded unless mandated by a court of competent jurisdiction. The City Clerk shall take action minutes of all Closed Session items.
V. CONDUCT OF BUSINESS
A. Generally. The order of business for a Council Meeting is generally shown on the agenda in the order set forth in Section B, below, but may be modified when necessary on a case -by- case basis by the Mayor on his/her own prerogative or by the City Manager, as the Ma yor may deem appropriate.
B. General Order of Agenda Items of Business for Council Meetings.
1. Closed Session
• Call to Order/Roll Call
• Public Comment on Closed Session Items
• Declaration of Closed Session Items by City Attorney
• Recess to Closed Session
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16 • Adjourn Closed Session
• Return to Open Session
• Closed Session Announcements by City Attorney
2. Regular Session
• Call to Order/Roll Call
• Closed Session Announcements by City Attorney (to the extent not made immediately following Closed Session as noted above)
• Invocation/Pledge of Allegiance
• Proclamations/Special Presentations
• City Clerk Presents Agenda/Revisions to Agenda to the City Council • Conflict of Interest Declaration(s)
• Public Comments on any agenda item, except for public hearing items, as well as on topics of interest to the public that are within the subject matter jurisdiction of the City Council
A. Appeal Hearings
B. Public Hearings
C. Consent Calendar
D. Written Communications
E. City Manager Reports/Possible Upcoming Agenda Items/Reports from Council Members
3. Adjourn
C. Public Interest . The public interest shall be taken into consideration when the order of business on the agenda is modified. When feasible, topics anticipated to be of greatest interest to the public will be placed at the beginning of the agenda.
VI. DESCRIPTION/EXPLANATION OF PURPOSE OF CERTAIN AGENDA ITEMS
A. Closed Session . The City Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law, to consider or hear any matter that is authorized by State law. The City Council shall exclude from any such closed session any person or persons who it is authorized by State law to exclude from such closed sessions. The general subject matter for consideration shall be shown in the agenda posted for such session pursuant to the procedures set forth in the Brown Act. The City Attorney declares the items on the Closed Session Agenda and makes reports following Closed Sessions in accordance with the Brown Act.
B. Public Comment Periods. Depending on the meeting, these periods are provided at the start of the Closed and Regular Sessions and prior to Council’s consideration of agenda items to satisfy the requirements of the Brown Act. These periods provide the ability for members of the public to address the Council on items appearing on the agenda or on other matters of interest within the jurisdiction of the City Council that do not appear on the agenda.
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17 1. Restrictions. Public Comment Periods should not be uti lized by Councilmembers to the extent said use impinges upon and/or diminishes the time allotted for other members of the public to speak, unless a Councilmember has recused himself/herself from participating in a decision of the Council on a particular ag enda item for a financial or other conflict of interest and further is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in sections 18707(a)(3)(C) and 18704(d)(2) of the regulati ons of the Fair Political Practices Commission (“FPPC”).
2. Reasonable Time, Place, and Manner Limitations. Time and other reasonable limitations may be placed on these comment periods as more particularly described in Chapter 5, Section III of this Manual.
C. Appeal Hearings . Certain decisions made by the City’s Planning Commission, the City Manager, Senior Management, department heads, and/or hearing officers (as specified in the City’s Municipal Code or other applicable law) can be appealed to th e City Council. Such decisions usually involve quasi-judicial matters, e.g., granting or denying of permits/licenses or other entitlements.
1. Quasi-Judicial Decisions. If a quasi-judicial appeal is at issue, the City Council must follow stricter procedural requirements similar to those used in a court. (“Quasi-judicial” means court-like.) Fair hearings and impartial decision -makers are required. Quasi -judicial hearings must be conducted in accordance with the principles of due process. When the City Coun cil is acting as the decision -making body in quasi -judicial hearings, Councilmembers must refrain from testifying as members of the public, as such participation absent a recusal from the decision could impair due process and create conflicts of interest.
2. Other Public Hearings. Public hearings held prior to adoption of ordinances or other legislative/policy matters can follow less strict standards.
D. Public Hearings. In general, a public hearing is an open consideration within a regular meeting of the City Council, for which special notice has been given and may be required. During a specified portion of the hearing, residents or concerned members of the public are invited to present protests or offer support for the matter under consideration, subject to reasonable time and other limitations.
1. When Required. Public hearings may be required on certain items as prescribed by the Victorville Municipal Code and/or st ate and federal law. Some examples of when public hearings are generally required include: zoning changes, some annexations, weed abatement items, introduction and first reading of ordinances, and increases of City fees and charges for utilities and other services.
Chapter 3
18 2. Cancellation and Continuances for Hearings Set by Council . Public hearings set by the City Council may be cancelled by a majority vote of the City Council or at the request of the City Manager or City Attorney for good cause. If needed, cance lled public hearings shall be re-noticed in accordance with applicable law. The City Council may also open a public hearing at a meeting, take testimony, leave such hearing open, and continue it to a date certain without re -noticing, upon a majority vote of the City Council, or by the Mayor at the request of the City Manager or City Attorney for good cause.
3. Continuances for Proponents of Projects and/or Appellants. Proponents of Projects for which a public hearing is required and Appellants who have an appeal hearing scheduled before the City Council shall be granted one continuance of that hearing under the following conditions:
(a) Requests for continuances of public hearings and appeal hearings shall be submitted by the proponent/appellant in writing to t he City Clerk by no later than the close of business on the date of the Council meeting at which the matter is scheduled to be heard.
(b) The written request shall specify: (1) the reason for the request for continuance, and (2) the Council meeting date on which the proponent/appellant desires the matter to be heard.
(c) The City Council reserves the right to continue the public hearing or appeal hearing to a date and time that is least likely to impact the conduct of regularly agendized City business.
(d) If the proponent/appellant is unable to attend the meeting at which th e matter will be heard, the proponent/appellant should designate a representative to appear on his/her behalf.
(e) No further continuances shall be granted unless, in its discretion, the City Council determines by majority vote that it is necessary to do so a fter considering the testimony and findings presented at the hearing.
4. General Public Hearing Procedure. Public hearings shall generally be conducted as follows:
(a) Staff presents its report, either by way of a written staff report or by in -person oral presentation.
(b) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.
(c) The Presiding Officer opens the public hearing.
Chapter 3
19 (d) Members of the public may present their comments, subject to time limits established by the Presiding Officer and/or this Manual.
(e) The Presiding Officer closes the public hearing after everyone wishing to speak has had the opportunity to do so.
(f) Council deliberates and takes action.
5. General Quasi -Judicial Public Hearing Procedure (Land Use Matters and Appeal Hearings). If a public hearing involves a quasi -judicial matter, the provisions of Section VI.C.1 of this Chapter and other due process procedural safeguards will apply. Although the City Attorney shall advise the Council in this regard, such public hearings shall generally be conducted as follows:
(a) Councilmembers disclose any ex parte communications or information obtained outside the Council Chamber, such as field trips, views of the premises, and discussions with individuals.
(b) Staff presents its report, either b y way of a written staff report or by in -person oral presentation.
(c) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.
(d) The Presiding Officer opens the hearing.
(e) The applicant and /or appellant have the opportunity to present his/her comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her case unless additional time is granted by a majority vote of the Council. In the case of an appeal when the appellant is different from the applicant, the appellant should be called up first to provide comments or testimony. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views.
(f) Members of the public may present their comments, subject to time limits established by the Presiding Officer and/or this Manual.
(g) The applicant and/or appellant have the opportunity to present his/her rebuttal comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her rebuttal case unless additional time is granted by a majority vote of the Council. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views.
(h) The Presiding Officer closes the hearing after everyone wishing to speak has had the opportunity to do so.
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20 (i) Council deliberates and takes action.
E. Consent Calendar. Items on this portion of the agenda include matters considered to be of a routine, administrative, or non‐controversial nature, such as approval of the minutes for a prior meeting(s), approval of the register of demands, and second r eadings of ordinances.
Any discussion shall be limited in nature, and those items so listed shall be approved and adopted by one motion of the Council and a roll call vote.
1. Clarification or Comment. Councilmembers may comment on Consent Calendar items or ask for minor clarifications without the need for pulling the item for separate consideration. To do so, Councilmembers must gain the Presiding Officer’s recognition immediately after the Consent Calendar is announced and before a vote is invited.
2. Pulling Consent Calendar Items . Only those items that require detailed deliberation should be pulled for separate consideration by Councilmembers. This must be done by making a request immediately after the Consent Calendar is announced by the Presiding Officer. If a request is made, it shall serve as a motion to remove an item or items and must be seconded before a vote of the Council may be taken. If the motion to remove receives a majority vote, said item(s) shall be removed from the Consent Calendar and added as the final item(s) for Council’s consideration in the Written Communications portion of agenda. If a motion to remove an item or items is not seconded, the motion to remove shall fail and the Council may proceed with voting on the Consent Calendar in the manner set forth in Section VI.E, above.
3. “No” Vote without Pulling Item. It is acceptable to register a “no” vote on an item on the Consent Calendar without pulling the item for separate consideration. The Councilmember would state that he/s he wishes to vote “no” on the item before the Presiding Officer or City Clerk calls for the vote. After the vote, the City Clerk will announce the outcome as: “Motion carries unanimously with the exception of Councilmember A voting ‘no’ on item x.”
F. Written Communications. Items on this portion of the agenda are each discussed/debated and voted on separately.
G. Reports from City Manager . The City Manager provides brief general announcements of current events and matters of interest to Council and the public. In accordance with the Brown Act, no substantive discussion of specific matters is permitted.
H. Discussion and Possible Action Regarding Items for the Upcoming Agenda . At this time, Councilmembers may make motions to place items on an upcoming agenda. The procedural requirements applicable to this item are in Chapter 4, Section III.
I. Reports from Councilmembers . This portion of the agenda p rovides Councilmembers the opportunity to briefly comment on City events or projects germane to the business of the
Chapter 3
21 City. Councilmembers may also make oral reports on meetings and events attended at the City’s expense. In accordance with the Brown Act, no substantive discussion of specific matters is permitted. Reports from Councilmembers are limite d to three (3) minutes per Councilmember, and that time cannot be used to reargue failed motions. The City Clerk has the responsibility to assist Councilmembers with time limits by signaling when the Councilmember is nearing his/her three-minute speaking limit.
Chapter 4
22 CHAPTER 4 ‐ AGEN DA
I. GENERAL PURPOSE OF THE AGENDA RULES
A. General. The following rules relating to the agenda for City Council meetings are based on the premise that it is in the interest of good government that the City Council be fully informed on all matters upon which it is called to act. The City Council relies u pon City staff to perform research, review potential courses of action, furnish technical information, and recommend solutions to various problems of City Government and recognizes that proper, thorough research and investigation requires time to ensure that the City Council has sound background information before it takes action.
B. Council Preparation . To foster the orderly, effective, and efficient conduct of meetings and ensure the necessary business of the City is transacted, each Councilmember has a duty to review and be familiar with the agenda materials in advance of each meeting. (See Chapter 2, Section IV.A of this Manual.)
II. AGENDA PREPARATION
A. In General. Agendas for regular and special meetings are prepared and posted by the City Clerk in accordance with provisions of the Brown Act, this Chapter, and all other applicable rules and laws. The content of each agenda is overseen by the City Manager in consultation with the City Clerk (and the City Attorney as necessary) concerning the sequence of agenda items and other procedural matters.
B. Agenda Item Submission Schedule. Pursuant to a schedule established from time to time by the City Clerk in consultation with the City Manager, draft agenda items are submitted to the City Clerk’s office prior to each meeting. A draft agenda document is prepared by the City Clerk and i s provided to the City Manager and staff each Tuesday of the week prior to the regularly-scheduled City Council meeting. A copy of the draft agenda is then reviewed by the City Manager, City Attorney, City Clerk, and Senior Management the following Wednesday morning during its standing meeting.
C. City Manager Review. The City Manager reviews and approves all items for each Council agenda. The final agenda items, including staff reports and attachments, are then submitted to the City Clerk, compiled into the final Agenda packet, and distributed to the Council on the Thursday preceding each regularly-scheduled meeting. The agenda packet is simultaneously made available to the public and posted on the City’s website by the City Clerk in accordance with the Brown Act. Once the agenda packet has been delivered to the City Council, items may be added to that agenda by the City Manager or the City Attorney when necessary, provided a supplemental or revised agenda is prepared and posted by the City Clerk in co mpliance with the Brown Act. In addition, the City Council may take action on items not appearing on the agenda, which are commonly referred to as emergency or urgency items, provided doing so complies with the provisions of Government Code section 54954.2(b).
Chapter 4
23 D. Minimum Requirements. The agenda specifies the time and location of the meeting and a brief general description of each item of business to be transacted or discussed, including items to be discussed in Closed Session, if any. Each agenda ite m description includes a recommendation to the City Council of the action to be taken.
III. AGENDA ITEM SUBMISSION
A. Placing Items on the Agenda . As provided in sections B, C, and D, below, persons who may place matters on the agenda are City Councilme mbers; the City Manager or his/her designated Senior Management staff; and the City Attorney. The City Council may also consider a request from a member of the public to place an item on a future agenda.
B. Councilmember Agenda Requests . To place an it em on a future agenda, any Councilmember, including the Mayor, may make a motion or a request to do so during the “ Discussion and Possible Action Regarding Items for the Upcoming City Council Agenda” portion of the agenda. In addition, a Councilmember, including the Mayor, may at any time during a meeting make a request or motion to place an item on a future agenda, if the item proposed for future consideration arises in direct relation to an item being discussed. Any request(s) made by a Councilmember sh all be done with a simple contextualization and shall not exceed three (3) minutes unless there is an agreement by a majority vote of the Council to extend the time. No substantive discussion on the subject of the motion or request may occur except to explain the general nature of the item and the issue of timing for its placement on a future agenda. Limited questions may be asked for clarification or to help Councilmembers ascertain whether the motion or request is timely.
1. Second and Majority Vote Required. If the motion or request to place an item on a future agenda is seconded and approved by a majority vote of those Councilmembers present, the proposed item will be placed on a future agenda. If there is no second, the motion dies and may not be propose d again at future meetings without the requisite suspension of rules for reconsideration.
2. Timing Direction . If the motion provides specific direction regarding timing, the approved item together with a staff report will be placed on a future agenda consistent with that direction. If the motion is silent regarding timing, appropriate City staff will be directed to prepare a staff report, and the approved item will be placed on a future agenda at the earliest suitable time, as determined by the City Manager and the Mayor.
3. Alterations of General Order of Agenda Items of Business. Certain categories of items of business are required by statute to be on every agenda or are necessary to appropriately conduct the business of the City Council in accordance with its adopted Rules of Discussion and Debate and parliamentary procedure (See Chapter 5).
Therefore, recurring categories of items of business such as: Roll Call/Call to Order,
Chapter 4
24 Public Comment Periods, Closed Session Declarations and Announcements, Consent Calendar, Public Hearings, Appeal Hearings, Written Communications, and Council Reports may not be altered without advance review or advice of the City Attorney.
4. Requests for Recurring Agenda Items. Requests by Councilmembers to add the same agenda item to every subsequent agenda are not permitted unless approved by a majority vote of the Council.
C. City Manager and City Attorney. When so directed by a majority vote of the City Council or upon his/her own initiative when circumstances warrant, the City Manager and the City Attorney may place items on the agenda.
D. Agenda Requests by Members o f the Public . Upon agreement of a majority of the City Council, the City Council will determine whether to place on a future agenda an item requested by the public. A member of the public may request placement of an item on the agenda for Council consideration in the following ways:
1. A member of the public may write a letter to the City Council.
2. A member of the public may speak during the Public Comment period at a City Council meeting.
Chapter 5
25 CHAPTER 5 ‐ M E E T I N G R U L E S O F C O N D U C T A N D D E C O R U M
I. PARLIAMENTARY RULES AND GENERAL AGENDA ITEM PROCESS
A. Rosenberg’s Rules . Except as otherwise provided in this Manual, the proceedings of the Council at meetings shall be generally guided by the latest revised ed ition of Rosenberg’s Rules of Order (“Rosenberg’s Rules”). However, no ordinance, resolution, proceeding, or other action of the City Council shall be invalidated, or the legality thereof otherwise affected, by the failure or omission to observe or follow said rules. In the event of a conflict or ambiguity between Rosenberg’s Rules and the rules set forth in this Chapter, the rules in this Chapter shall prevail over Rosenberg’s Rules.
B. General Process for Handling Agenda Items. The following process i s the normal order of business for agenda items, except for public hearings, which are discussed in more detail in Section VI of Chapter 3.
1. The Presiding Officer announces the current agenda item. Note: to the extent members of the public wish to provide comments on an agenda item, such comments should be offered during the general public comment period at the beginning of the meeting. Such comments may be taken into consideration by Councilmembers when discussing the particular agenda item.
2. The City Manager or Submitter of the agenda item briefly introduces the item.
3. Staff presents its report (as needed), either by way of a written staff report or by an in - person oral presentation.
4. Councilmembers may ask questions of the City Manager and/or such City staff as the City Manager may designate, although Councilmembers are encouraged to seek clarification by asking or providing such questions prior to the meeting. Councilmember questions on an item may not exceed two (2) minutes unless an extension of time is granted by the Presiding Officer. Extensions granted may be appealed or overruled by a majority vote of the Council.
5. The Presiding Officer invites a motion.
6. Following a valid motion and second, the Council discusses, deliberates, and takes action as described in this Chapter.
7. An affirmative vote of the Council carries the motion, as described herein.
Chapter 5
26 II. RULES OF DISCUSSION AND DEBATE
A. Discussion Procedure. While discussing any question under consideration by the Council, it shall be the duty of the members thereof to remain seated and address their remarks to the Presiding Officer and their fellow members. Any remarks or orders to the audience shall be addressed by the Presiding Officer, or with his/her permission, by members of the Council.
B. Presiding Officer. The Presiding Officer shall have the authority to prevent the misuse of the legitimate form of motions, the abuse of privilege of renewing certain motions, or the obstruction of the business of the City Council. The Presiding Officer may preserve orderly business by ruling such motions out of order. In so ruling, the Presiding Officer shall be courteous and fair and s hall presume that the moving party is making the motion in good faith. The Presiding Officer may move, second, debate, and vote from the chair. The Presiding Officer may also adjourn a meeting by a simple declaration thereof in the absence of a protest by any Councilmember.
C. Councilmembers to Address Presiding Officer . Every Councilmember desiring to speak shall first address the chair, gain recognition by the Presiding Officer, and confine himself/herself to the subject matter, item, or motion being currently considered by the Council, avoiding personalities and crude language.
D. Questions to Staff . Every Councilmember desiring to ask questions of city staff shall, after recognition by the Presiding Officer, address his/her question to the City Attorney or the City Manager, who shall be entitled either to answer th e inquiry himself/herself or designate a member of the staff for that purpose. On the assumption that Councilmembers have already sought clarification of agenda materials in advance of the meeting pursuant to Chapter 2, Section IV. A of this Manual, Councilmember questions to City staff shall be subject to a two- minute time limit per agenda item, not including the time taken for staff response(s).
Statements masquerading as questions may be ruled out of order by the Presiding Officer.
E. Germane Comments/Time Limit for Council. Councilmembers shall limit their comments to the subject matter, item, or motion being currently considered by the Council. A determination of relevance shall be made by the Presiding Officer but may be appealed to the full Council. Councilmembers shall govern themselves as to the length of their comments but generally shall not exceed a total of five (5) minutes per agenda item (not including the two-minute period for Questions to Staff referenced in Section D, above), unless add itional time is approved by a majority vote of the Council. The Presiding Officer or the City Clerk, as may be designated by the Presiding Officer, has the responsibility to assist Councilmembers by signaling when the Councilmember has spoken for five (5) minutes. The five-minute time limit may be extended by a majority vote of City Council. No Councilmember shall be allowed to speak more than once on any particular item until every other Councilmember desiring to do so shall have spoken.
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27 F. Interruptions. A Councilmember, once recognized, shall not be interrupted when speaking unless: 1) called to order by the Presiding Officer, 2) a point of order or point of privilege is raised by another Councilmember, 3) the speaker chooses to yield to a question b y another Councilmember, or (4) for such other reasons as set forth in Rosenberg’s Rules or this Manual, including, but not limited to, a Councilmember’s right to call the question in order to terminate debate. If a Councilmember while speaking is called to order, he/she shall cease speaking until the question of order is determined; and if interpreted to be in order, may proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks o r until recognition is withdrawn by the Presiding Officer.
G. Point of Order . When a Councilmember believes a breach of the Council’s parliamentary procedural rules is occurring, he/she may raise a Point of Order to call upon the Presiding Officer to make a determination and enforce the rules of the Council. The Point of Order shall be ruled upon by the Presiding Officer, subject to the right of any Councilmember to appeal the ruling to the City Council through a valid motion. If a motion to appeal the r uling is seconded, the question shall be, "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively determine the question of order. The motion is debatable, and the Presiding Officer may participate in the debate.
H. Point of Privilege. Any Councilmember can raise a Point of General or Personal Privilege.
1. Point of General Privilege. Appropriate points of general privilege relate to anything that would interfere with the normal comfort of the meeting, such as the temperature of the room or a malfunctioning microphone. If raised, the Presiding Officer would then ask the interrupter to “state your point.”
2. Point of Personal Privilege . The right of a Councilmember to address the council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are questioned or where the welfare of the council is concerned. A Councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor only if the Presiding Officer recognizes the privilege.
I. Move or Call the Question . Any Councilmember may move to immediately bring the motion/question being debated to a vote, suspending any further debate. Such motion shall not be made in a manner that prevents a Councilmember from voicing an opinion or providing brief, concise, and relevant information with respect to the item being considered. To close off debate pursuant to a Motion to Move or Call the Question, said motion must be seconded and passed by a two -thirds (2/3) vote of those present and voting. The motion is not debatable. If the motion to Move or Call the Question passes, a vote on the motion/question on the floor is taken. If the motion to Move or Call the Question fails, discussion on the motion/question on the floor continues.
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28 J. Motion to Reconsider. A motion to reconsider may be made only by a member who voted in the majority on the original motion. Such a motion may only be made at the same meeting as the original item, and then only to correct inadvertent errors or to consider new information not available at the time of the vote. If the motion to reconsider passes, then the original matter is back before the Council, and the matter may be discussed and debated as if it were on the floor for the first time. After the reconsideration of the item has been acted upon, no other motion for reconsideration thereof will be made without the unanimous consent of the Councilmembers present. Matters that are quasi- judicial in nature or matters that require a noticed public hearing cannot be reconsidered.
K. Failed Motions. Failed motions shall not be brought up at a subsequent meeting unless the Council suspends the rules as provided for in Section II. M, below. However, the effect of such action will not operate to adversely affect individual rights that may have been vested in the interim without notice and an opportunity to be heard having bee n given to the affected party or parties.
L. Remarks of Councilmembers and Synopsis of Debate . A Councilmember may request through the Presiding Officer the privilege of having an abstract of his/her statements on any subject under consideration by the council entered into the minutes. If the council consents thereto, such statements shall be entered into the minutes.
M. Suspend the Rules. Any of the rules related to parliamentary procedures in this Manual (to the extent not governed by State law, such as Government Code section 36936, the provisions of the Political Reform Act, or the FPPC co nflicts of interest regulations) may be suspended by a two-thirds (2/3) majority vote. Such suspension may be moved at any time by a Councilmember.
N. Protest Against Council Action. Any Councilmember dissenting from or stating his/her protest against any action of the council may request to have such dissent or protest entered into the minutes. Such dissent or protest to be entered into the minutes shall be in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons . . ."
O. Seconding of Motions Required . A motion by any Councilmember, including the Presiding Officer, may not be considered by the Council without receiving a second.
P. Other Time Limitations. A time limit of three (3) minutes shall be imposed on Councilmembers when speaking during the “Reports from Councilmembers” portion of the agenda.
Q. Reading of Ordinances. Except when the title of an ordinance has been read and further reading is waived by a regular motion adopted by a majority vote of the Council, all ordinances shall be read in full either at the time of introduction or passage.
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29 R. Voting Rules.
1. Vote Unless Disqualified . All Councilmembers present at a meeting when a question comes up for a vote should vote either for or against the question unless he/she is disqualified from voting by reason of a conflict of interest and abstains because of such disqualification.
(a) A Councilmember stating disqualification will not be counted as a part of a quorum and will be considered absent for the purpose of determining the outcome of a vote on the matter. See Section S, below, for other rules relating to conflicts of interest.
(b) Any Councilmember who abstains for reasons other than disqualification, in effect consents that a majority of the quorum may decide the question being voted upon.
Any councilmember so abstaining will be counted as present for purposes of establishing a quorum. Such an abstention will be counted 1) as neither an affirmative vote nor a dissenting vote and 2) as if it did not exist. The “present and voting” rule as described in Rosenberg’s Rules applies.
2. Silence During the Vote. Unless a Councilmember states that he/she is abstaining, silence shall be recorded as an affirmative vote.
3. Call for the Vote. The Presiding Officer or the City Clerk shall call for the vote, which, at the Presiding Officer’s discretion, shall be taken by voice affirmation or roll call unless a recorded (roll call) vote is required by law. According to Government Code section 36936, a recorded majority vote of the total membership of the City Council is required for resolutions, orders for the payment of money, and all ordinances. In addition, some types of resolutions and ordinances may require a supermajority vote. Absent o ther specific State law requirements, a motion carries with a majority vote of a quorum of the City Council.
4. Tie Votes. Tie votes are failed motions but may be reconsidered at a subsequent meeting upon a motion passed by the Council to reconsider the ite m at a future meeting. If the matter involves an appeal and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision -making person or body from which the appeal was taken.
5. Changing a Vote . A Councilme mber may change his/her vote only if he/she makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. Prior to the time that the next item in the order of business is taken up, a Councilmember who publicly announced that he/she will abstain from voting on a particular matter shall not subsequently be allowed to withdraw his/her abstention.
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30 S. Conflict of Interest. Any Councilmember who has a conflict of interest regarding any matter being considered by the Council shall, in compliance with the provisions of the Political Reform Act and other applicable laws, declare the conflict, state the reason for the conflict , and leave the room during the discussion of and vote upon that particular agenda item, unless it is a Consent Calendar item (or the Councilmember is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in Sections 18707(a)(3)(C) and 18704(d)(2) of the FPPC regulations). If the conflict involves a matter on the Consent Calendar, the Councilmember must announce the nature of the conflict and refrain from participating in the item, but he/she may remain present at the dais.
T. Leaving the Dais. To the extent a Councilmember decides to speak on an item by leaving the dais and speaking from the public podium, such Councilmember will relinquish his/her ability to speak on the same item upon his/her return to the dais.
U. Rules Not Exclusive. The rules set forth in this Chapter are not exclusive and do not limit the inherent power and general legal authority of the Council, or of its Presiding Officer, to govern the conduct of City Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City.
III. PUBLIC PARTICIPATION AND RULES OF DECORUM FOR COUNCIL, PUBLIC, AND STAFF.
A. Public Participation.
1. Manner of Addressing the Council. To facilitate the orderly conduct of meetings, persons wishing to speak during the Public Comment period and at public hearings are requested, but not required, to fill out speaker cards and provide them to any Sheriff’s deputy attending the meeting, or in his/her absence, the City Clerk prior to the start of the meeting or before a public hearing item is announced.
(a) During Public Comment periods, each person desiring to address the Council shall step up to the microphone at the podium and state his/her name (and address if desired) for the record. The speaker shall then specify the agenda item(s) on which he/she wishes to comment; state whether his/her comments pertain to a non -agenda item within the City Council’s subject matter jurisdiction; state whom he/she is representing; and whether he/she is representing an organization or other persons.
Each speaker shall be allotted three (3) minutes in which to comment, unless the Presiding Officer determines that based on the significant nature of an agenda item or items, that additional public comment time should be allowed. In such event, the Presiding Officer may grant an extension of public comment time, not to exceed two (2) minutes per speaker. Extensions granted may be appealed through a valid motion and overruled by a majority vote of the Council.
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31 (b) During Public Hearing items, each person desiring to address the Council shall step up to the microphone at the podium, state his/her name (and address if desired) for the record, state whom he/she is representing, and whether he/she is representing an organization or other persons. Each speaker shall be allotted three (3) minutes in which to comment, unless the Presiding Officer determines that based on the significant nature of a public hearing item, that additional public comment time should be allowed. In such event, the Presiding Officer may grant an extension of public comment time, not to exceed two (2) minutes per speaker. Extensions granted may be appealed through a valid motion and overruled by a majority vote of the Council.
(c) During both Public Comment periods and during Public Hearing items, speakers should not approach the dais unless authorized to do so by the Presiding Officer. All remarks shall be addressed to the Council as a whole and not to any member thereof.
No questions shall be asked of a Councilmember, a member of the City staff, or member of the audience without permission of the Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer.
(d) During Public Comment periods members of the public may ask questions related to agenda items. However, in order to ensure compliance with the Brown Act the City Council is not required to answer such questions since depending on the nature of the questions, the issues raised may be beyond the scope of the subject matter of the agenda items. Nevertheless, in accordance with Government Code Section 54954.2 (a)3, the Presiding Officer may briefly respond or have staff respond to statements made or questions asked or may request that staff report back to the Council at a subsequent meeting concerning any matter raised by the public.
(e) During public comment periods and irrespective of the su bject or viewpoint to be expressed, no speaker shall be permitted to show a video, make a PowerPoint presentation, or otherwise utilize any other form of electronic visual display technology requiring advanced set up and/or the use of projectors or other specialized equipment. Such controls are intended to help all speakers maximize their time when addressing the City Council, instead of dealing with potentially time - consuming setup or technical difficulties.
2. Spokesperson for Group of Persons . To expedite matters and avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter or item, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the C ouncil; and in case additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council. In situations where more than ten (10) people wish to speak on an item, the Presiding Officer may pla ce reasonable limits on the Public Comment period, including reducing the time allotted to each speaker to one (1) or two (2) minutes and/or a specific time limit for the total presentation (typically not to exceed
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32 twenty (20) minutes). Such time limits sh all allow for full discussion of the item by interested parties or their representative(s). The purpose for any limitation described in this section is to ensure the Council can address its agenda, avoid repetitive comments and presentations, and conduct business in an orderly and efficient fashion.
3. After a Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first getting perm ission to do so by a majority vote of the City Council.
B. Rules of Decorum for Council, Public, and Staff. Meetings of the City Council shall be conducted in an orderly manner to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is preserved at all times. The Presiding Officer of the Council shall be responsible for maintaining the order and decorum of meetings. While any meeting of the City Council is in session, the following rules of order and de corum shall be observed:
1. Councilmembers. While the Council is in session, Councilmembers must lend themselves to order and decorum. They shall neither by conversation or otherwise 1) delay or interrupt the proceedings or the peace of the Council, 2) disturb any Councilmember while he/she is sp eaking or, 3) refuse to obey the orders of the Presiding Officer. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
(a) English Language. The business of the City Council shall be conducted in English except to the extent such that a Councilmember wishes to speak as a member of the public, either in the Public Comment period or on an item listed in the Appeal and/or Public Hearings sections of the agenda.
(b) E-Communication Prohibited . Except as specified in subdivision (b), below, Councilmembers shall not use E -Communication at any time during any meeting, including, but not limited to, Open and Closed Sessions of the City Council. The use of E-communication is pro hibited during Council meetings so that Councilmembers may remain attentive to members of the public, staff, or others as they are speaking to the City Council. E -Communication, which includes blogging, is defined as “electronic text, audio or visual comm unication, and attachments distributed via e - mail, telephonic service, websites, instant messaging, text messaging, Twitter, Facebook, Snapchat, Instagram, or comparable services.” City Councilmembers will not utilize the internet during Council meetings. Outside of City Council meetings, Councilmembers should not communicate via E-Communications with more than one other member of the City Council on any issue regarding City business.
(c) Exceptions for Emergencies . The limitation specified in subdivision ( a), above, shall not apply to the receipt of telephone calls or text messages from family members in
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33 the event of an urgent family matter. Councilmembers wishing to respond to such a message during the meeting shall do so in a manner that does not disrupt the meeting.
Responses to urgent matters may occur during a recess or after having been excused from the meeting by the Presiding Officer.
(d) Recording or Live Streaming. Councilmembers shall not video record or live stream meetings while sitting at or standing behind the dais in such a manner that obstructs the view of or results in a persistent disruption of other Councilmembers’ ability to participate in the meeting. To the extent a Councilmember wishes to record or live stream a meeting while sitting a t or standing behind the dais, such Councilmember shall further ensure that he/she is not recording in a manner that intrudes into the personal space of other Councilmembers or the City Attorney (within twenty -four inches of the person); in a manner that r ecords notes made by Councilmembers during meetings (which necessarily invades the Mental Processes and/or Legislative Privileges protecting legislators’ uncommunicated motivations for making a policy or decision); or in a manner that displays the protecte d work product of the City Attorney.
(e) Leaving Seats. Councilmembers shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer.
(f) Packing of Audience. It is inappropriate for a Councilmember to pack the audience for a specific agenda item.
2. City Staff Members. City staff members and employees shall observe the same rules of order and decorum as are applicable to the City Council, with the exception that City staff members and employees may leave their seats during a meeting without first obtaining the permission of the Presiding Officer.
3. Persons Addressing the Council. The primary purpose of Public Comment periods at City Council meetings is to allow citizens the opportunity to formally communicate with the City Council as a whole, but these comment periods should not be utilized as a substitute for handling any matter during the normal working hours of the city government. Each person who addresses t he Council shall do so in an orderly manner and shall not make personal, impertinent, slanderous, or profane remarks to any member of the Council, City staff, or the general public. Any person who makes such remarks or who utters loud, threatening, persona l, or abusive language, or who engages in any other disorderly conduct that disturbs, disrupts, or otherwise impedes the orderly conduct of any Council meeting shall, at the discretion of the Presiding Officer or a majority of the Council, be barred from f urther audience before the Council during that meeting. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
4. Members of the Audience. No person in the audience at a Council meeting shall engage
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34 in disorderly or boisterous conduct, including the utterance of loud, threatening, or abusive language; whistling; stamping of feet; excessive clapping; or other acts that disturb, disrupt, or otherwise impede the orderly conduct of any C ouncil meeting. Any person who conducts himself/herself in the aforementioned manner shall, at the discretion of the Presiding Officer or a majority of the Council, be barred from further audience before the Council during that meeting. The Presiding Offic er and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint -neutral manner.
C. Enforcement of Decorum . The rules of decorum set forth above shall be enforced in the following manner
1. Warning. The Presiding Officer shall r equest that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the Presiding Officer, a person persists in disrupting the meeting, the Presiding Officer shall order such person to leave the Council meet ing. If such person does not remove himself or herself, the Presiding Officer may order any law enforcement officer who is on duty at the meeting as sergeant-at-arms of the Council to remove that person from the Council chambers.
2. Removal. Any law enforcement officer who is serving as sergeant-at-arms of the Council shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the Presiding Officer, it shall be the duty of the sergeant -at-arms to remove from the Council meeting any person who is disrupting the proceedings of the Council.
3. Motion to Enforce . If the Presiding Officer of the Council fails to enforce the rules set forth above, any member of the Council may move to require him or her to do so, and an affirmative vote of a majority of the Council shall require him or her to do so. If the Presiding Officer of the Council fails to carry out the will of a majority of the Council, the majority may designate another member of the Council to act as Presiding Officer for the limited purpose of enforcing any rule of this section it wishes to enforce.
4. Adjournment or Recess . If a meeting of the Council is disturbed or disrupted in such a manner as t o make infeasible or improbable the restoration of order, the meeting may be temporarily recessed, adjourned, or continued by the Presiding Officer or a majority of the Council, and any remaining Council business may be considered after the recess or at the adjourned or next meeting.
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35 CHAPTER 6 ‐ ADMINISTRATIVE MATTERS
I. ADMINISTRATIVE SUPPORT
General staff and administrative support to members of the City Council is provided through the City Manager’s Office. Administrative services, including the scheduling of appointments, receipt of telephone messages, and word processing, are available as needed. Sensitivity to the workload of support staff members in the City Manager’s Office is appreciated. Please note that individuals may have other work assigned with high priority. Councilmembers shall not make demands of the City Manager, City Attorney, or City Employees that communicate a desire for or an expectation of special treatment. In no event shall Councilmembers request administrative support to further personal or campaign/political purposes
II. MAIL, DELIVERIES, AND E-MAIL
A. Correspondence from the Public. The City encourages the public to send correspondence to the entire City Council, either by traditional post or by e‐mail. Correspondence addressed to the City Council that is received by the City Clerk or by any other officer or employee of the City shall be deemed a public record upon receipt, except as set forth in the Public Records Act (California Government Code § 6250 et seq.) or other applicable law.
1. Authority of City Clerk. The City Clerk is authorized to open and examine all mail or other written communications addressed to the City Council and give it immediate attention to the end that all administrative business referred to in said communication not necessarily requiring Council action may be acted upon between Council meetings.
(a) Members of the City Council receive a large volume of mail and other materials from the public and staff. The City Clerk maintains an office mailbox for each member into which written correspondence shall be placed. Councilmembers must check their mailbox frequently.
(b) The City Clerk may provide for a city courier to deliver materials to the homes of Councilmembers when materials are time sensitive.
2. Councilmember Responsibilities . If correspondence is received directly by a Councilmember without the City Clerk having opened and examined same, the Councilmember shall be responsible for providing to the City Cl erk the correspondence that is required to be included with agenda materials, as set forth in the Brown Act. All such communications shall be deemed a public record upon receipt, except as set forth in the Public Records Act or other applicable law.
B. City-Issued E-mail Address. Each Councilmember is provided with a City of Victorville domain e-mail address for City -related business purposes and to receive e -mail from constituents,
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36 other members of the public, government agencies, etc.
1. Status as Public Record. Pursuant to the Public Records Act, any e‐mail sent or received by Councilmembers using the City-issued domain e-mail address may constitute a public record and be disclosable upon the City’s receipt of a Public Records Act request.
2. Privacy Limited. Councilmembers have no reasonable expectation of privacy in any e‐ mail correspondence received by them at their City of Victorville domain e‐mail address
C. Communications Using Non -City Accounts/Devices. Messages or communications received by Councilme mbers on their personal electronic devices or personal e -mail accounts concerning City business may also be subject to disclosure under the Public Records Act.
Additional rules are set forth in Section IV, below
D. Other Rules Relating to Correspondence. Any written correspondence or other materials, when distributed to all, or a majority of all of the members of the City Council by any person in connection with a matter subject to discussion or consideration at a public meeting, are disclosable public records under the California Public Records Act and shall be made available upon request without delay. Writings that are public records and that are distributed during a public meeting shall be made available for public inspection at the time of the meeting if prepared by City staff or a member of the City Council, or after the meeting if prepared by some other person. All writings referenced herein shall be provided to and documented with a received/filed date by the City Clerk
III. CITY-ISSUED EQUIPMENT.
A. Equipment Provided. To enhance Councilmembers’ ability to communicate with staff and the public, city‐purchased equipment, such as computers and cell phones, can be provided upon request. Access to the City’s fax machines and e-mail system is also available
B. Limitations on Use.
1. Brown Act Considerations. The use of technological devices to communicate with a majority of other Councilmembers on any official action to be taken falls within the provisions of the Brown Act. Technological devices include, but are not limited to, phones, faxes, computer e‐mail, public access cable TV, and video. Use of such devices to pass information for the purpose of developing concurrence on action to be taken outside of a public meeting is prohibited
2. Other Prohibitions. Personal use of City -issued equipment is prohibited in accordance with Government Code section 8314, except for such m inimal and incidental use as specified therein.
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37 IV. USE OF PERSONAL ACCOUNTS AND PERSONAL ELECTRONIC DEVICES FOR CITY BUSINESS
A. Status as Public Records. Text messages, emails, and other electronic communications that deal in some substantive manner wit h the conduct of City business created on, stored on, and/or transmitted by personal accounts or personal electronic devices may be subject to disclosure under the Public Records Act
B. Limitations and Rules on Use. To the extent feasible, City -issued email accounts and electronic devices shall be used to conduct City business. Limited use of a private device or account for public business by Councilmembers is permissible but discouraged. The following rules must be observed
1. Urge Use of City Electronic Devices/Accounts. Councilmembers shall request persons sending electronic communications regarding City business to a personal account or device to instead utilize the City of Victorville domain e -mail address, City -issued cell phone number, or other official City electronic messaging account provided to the Councilmember
2. When Communications Received on Personal Accounts/Devices . If Councilmembers receive electronic messages regarding City business on their personal electronic messaging account or device, or circumstances require them to conduct City business on a personal account or device, Councilmembers should either
(a) copy (“cc") any communication on his/her personal electronic messaging account or device to his/her City electronic messaging account, or (b) forward the electronic communication to his/her City account as soon as feasible after the original creation or transmission of the electronic communication.
C. Compliance and Additional Policies. The City Council shall comply with the above provisions and any additional administrative policies the Council adopts for City -wide application regarding procedures to be followed with respect to communications received on personal accounts and devices when Public Records Act requests are made.
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38 CHAPTER 7 ‐ RELATIONSHIP AND CONDUCT.
I. RELATIONSHIP AND CONDUCT WITH CITY MANAGER
A. Council-Manager Form of Government . The City has adopted a Council -manager form of government. This structure reflects the City Council’s role to establish City policy and priorities. The Council appoints a City Manager to implement this policy and undertake the administration of the organization. The City Council must work through the City Manager in dealing with City staff
B. The City Council and City Manager Work as a Team . The City Council establishes policies for the overall operation of the City. The City Manager is appointed by the City Council to enforce its laws, to direct the daily operations of City government, to prepare and monitor the municipal budget, and to implement the policies and programs initiated by the City Council.
The City Manager is expected to adhere to the Internation al City/County Management Association (ICMA) Code of Ethics, and the City Council must recognize said Code of Ethics when dealing with the City Manager. The City Manager is responsible to the City Council rather than to individual Councilmembers and direc ts and coordinates the various departments
C. Productive Relationship Requirements . The employment relationship between the City Council and the City Manager honors the fact that the City Manager is the chief executive officer of the City. To facilitate a productive work relationship with the City Manager, the City Council and/or individual members shall do each of the following:
1. Except for the purpose of requesting information or assistance, deal with the administrative service under the City Manager so lely through the City Manager as indicated in Section 2.04.210 of the Victorville Municipal Code. Neither the City Council nor any member shall give orders to, command the services of, or assign work to any subordinates of the City Manager, either publicl y or privately. Alternately, contact may be made directly with Senior Management, as long as a copy of communication is forwarded to the City Manager. Senior Management shall inform the City Manager of all Councilmember contact.
2. Direct the City Manager to implement the Council’s policy decisions through the administrative functions of the City.
3. Treat City staff professionally, and refrain from publicly criticizing or belittling individual employees. Personnel issues are managed through established channels and procedures.
4. Avoid involvement in personnel issues related to City -Council‐appointed staff, i.e., the City Manager and City Attorney, except during City Council Closed Sessions, when issues of hiring, firing, promoting, disciplining, etc., may be addressed appropriately.
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39 5. Discuss directly with the City Manager any displeasure with a department or staff member
6. Refer complaints to the City Manager for further processing. Staff shall be given adequate time to investigate and respond to such complaints
7. Receive from the City Manager timely information regarding unusual events that the public would be concerned about; e.g., anyone wounded by gunfire, an area cordoned off by police or fire, a significant event, etc
8. Avoid communicating with pers ons or parties in litigation with the City (or any of the entities for which the City Council sits ex -officio as the governing board as noted in Chapter 2, Section IV.D.2 of this Manual) in a manner that compromises the City’s or other entity’s position in such litigation.
9. Include the City Manager in follow -up meetings where a Councilmember has first met with an individual or company representative regarding official business of the City
II. RELATIONSHIP AND CONDUCT WITH CITY ATTORNEY
A. Legal Advisor to the City. In all matters, the City Attorney represents the City and is the legal advisor to the City Council, the City Manager, the City Clerk, Senior Management, and department heads. The general legal responsibilities of the City Attorney are to provide legal assistance necessary for formulation and implementation of legislative policies and projects; to represent the City’s interest, as determined by the City Council, in litigation, Administrative hearings, negotiations, and similar proceeding to prepare and/o r review and approve ordinances, resolutions, contracts, and other legal documents to best reflect and implement the purposes for which they are prepared; and to keep the City Council and staff apprised of court rulings and legislation affecting the legal interest of the City.
B. Does Not Represent Individual Councilmembers or Staff . It is of the utmost importance to understand that the City Attorney does not represent individual members of Council, but the City and the City Council as a whole.
III. RELATIONSHIP AND CONDUCT WITH CITY CLERK
A. The City Clerk performs statutorily mandated duties and such tasks as may be assigned by the City Council and/or the City Manager. The general responsibilities of the City Clerk are:
1. to serve as the Elections Official of the City;
2. to protect and preserve the legislative record of the City Council and other various records;
3. to facilitate delivery of records consistent with the provisions of the Public Records Act;
4. to receive filings on behalf of the City;
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40 5. to fa cilitate the preparation, duplication, preservation, and delivery of Council agenda materials; and
6. to advise City departments about best practices for records management.
IV. RELATIONSHIP AND CONDUCT WITH STAFF
A. General considerations. Governance of a city relies on the cooperative efforts of elected officials, who set policy and priorities, and City staff, who analyze problems and issues; make recommendations; and implement and administer the City Council’s policies. To ensure the proper functioning of these cooperative efforts, Councilmembers must avoid intrusion into those areas that are the responsibility of staff. This is necessary to protect staff from undue influence and pressure from individual Councilmembers and to allow staff to execute priorities given by management and the Council as a whole
B. Cooperation. Individual Councilmembers, as well as the Council as whole, shall receive the full cooperation and candor of staff in being provided with any requested information.
Requests of the City Attorney‘s office are to be submitted directly to the City Attorney.
All other requests of staff are to be submitted through the City Manager’s office
C. Issues of Pressure or Influence. Individual City Councilmembers shall not make attempts to pressure or influence staff decisions, recommendations, workloads, schedules, and department priorities without the prior knowledge and approval of the Council as a whole.
1. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must prevail upon a majority of the Council at an open meeting to do so as a matter of Council policy.
2. The City Council recognizes the primary functions of staff are in executing Council policy and actions taken by the Council as a body and in keeping the Council informed.
3. Staff is directed to reject any attempt by individual members of the Council to unduly direct or otherwise pressure them into making, changing, or influencing recommendations or business decisions in any manner.
V. REQUESTS FOR RESEARCH OR INFORMATION
A. General Considerations. Councilmembers should generally inform the City Manager prior to communicating directly with any employee below the Senior Management level. A Councilmember may request directly from department heads answers to routine questions or information on a given topic when it will require little or no research and have little or no impact to City operations. The Councilmember should also advise the City Manager of this request. City staff shall inform the City Manager of all Council contact.
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41 B. Responses to Requests . Requests made by individual Councilmembers for information or assistance shall be for the sole purpose of fulfilling his/her responsibilities as delineated throughout this Manual and not for any private or personal interest. Requests will be addressed as quickly as possible under the circumstances at the time, providing that in the judgment of the City Manager (or the City Attorney depending on the nature of the request) the request is not of a magnitude, either in terms of wo rkload or policy, that would require more than thirty (30) minutes of time in which to respond or is of such a nature that it would be more appropriately assigned to staff through the collective direction of the City Council. If the individual Councilmember request goes beyond these parameters, or in the judgment of the City Manager, is not within the scope of City policies or business, the City Manager will bring the request to the full Council for consideration. The method by which responses are delivered to Councilmembers shall comport with the City’s routine business practice.
C. Policy-Related Requests. All Council requests dealing with policy and such other requests that may be construed as direction shall be directed to the City Manager, except for routine general inquiries or questions that will not disrupt city operations, in which case, Councilmembers may approach Senior Management with their requests . Councilmembers may also contact the City Attorney or City Clerk.
D. Funding Requests. Any request from City Council requiring funding must be addressed with the City Manager. The City Manager shall respond in a timely manner.
E. Written Requests Preferable. To assist the City Manager, requests for information are best tracked if submitted in writing, either in memorandum form or through e‐mail. And to ensure proper responsiveness, Councilmembers are asked to copy both the department head and the City Manager on all correspondence with staff.
F. Access to Certain Information Restricted. There are certain restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRs) under review are not available for release until complete and after review by City management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to members of the City Council. Certain aspects of Police Department affairs, such as access to restricted or confidential information related to crimes, may not be available to members of the City Council.
G. Dissemination of Information. In cases when a staff response to an individual Councilmember request involves written materials that may be of interest to other Councilmembers, the City Manager will provide copies of the material to all other Councilmembers. In making this judgment, the City Manager will consider whether the information is significant, new, otherwise not available to the Council, or of interest to the Council.
H. Disclosure of Information. No Councilmember may, without prior formal authorization of the City Council, disclose any confidential information concerning any other official or employee, or any other person, or any property, or governmental affairs of the City. Whether or not
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42 such information is allowed to be disclosed, no Councilmember may use or permit the use of any such confidential information to advance the financial or personal interest of himself/herself or any other person. For the purposes hereof, “confidential information” shall mean information that is not generally known in the public and/or is not subject to disclosure under the California Public Records Act or other applicable law. Some examples of confidential information include attorney -client privilege d communication, attorney -client work product, personnel, medical, or similar information —the disclosure of which would constitute an unwarranted invasion of privacy. (Govt. Code § 6250 et seq.)
Chapter 8
43 CHAPTER 8 ‐ CO MMUNICATI ON AND REPRESENTATION
I. REPRESE NTING MAJ ORITY VS. IN DIVIDUAL OPINI ON
A. Dual Roles of Councilmembers . A person elected to the City Council plays two roles: a member of a body elected to represent the City in its entirety and a private resident of the City. The second role is not relinquished when the first role is assumed. It is important to distinguish between the two roles at all times and to conduct business in one role separately from the other. The elected Councilmember retains the right to speak as an individual, not as a member of the City Council, but must make this distinction very clear when he/she does speak on his/her own behalf and not as a member of the City Council. This is because when the Council acts, it acts as a whole, not as a group of individuals.
B. General Policy Considerations . An important role of a Councilmember is communication — communication with the public to assess community opinions and needs, communication with staff to provide policy direction, and communication to gain an understanding of the implications of various policy alternatives. Because the City Council acts as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking for the Council. Equally important, when members express personal views and not those of the Council, the public must be so advised.
II. CORRES POND ENCE FROM COUNCILMEMBER S
A. Stationery Use and Related Guidelines.
1. Use of City Letterhead. City letterhead shall be used by the Mayor, Mayor Pro Tem, and City Council only for official City business, communication of adopted City policies and positions, and any related communications. All Councilmembers should be copied on correspondence signed by the Mayor or other Councilmember. Use of City letterhead and/or title on personal matters (those not related to official city business) is not permitted.
2. Personal Stationery . Personal stationery without a City Logo shall be used by any member of the City Council to communicate individual positions, conduct personal correspondence, or communicate positions that may be in opposition to established City Council positions or decisions. Personal stationery shall be printed at the expe nse of the individual Councilmember, and the aforementioned types of communications shall be mailed at the individual Councilmember’s expense.
3. Correspondence Public Record . All Councilmember correspondence created using City resources, including, but not limited to, City letterhead, postage, envelopes, or staff time, are public records and shall be copied to the full Council, the City Manager, the City Attorney, and the City Clerk.
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44 4. Permission Required. Whenever a Councilmember other than the Mayor wishes to write a letter on City letterhead, he/she should inform the Council (in writing or verbally at an open meeting) what the letter is about and seek Council approval that the letter may be written on City letterhead. Such letters shall only pertain to official City business.
B. Prohibitions on Use of Public Resources for Personal or /Campaign Purposes.
1. Letterhead and Staff. City letterhead and staff support cannot be utilized for personal or political purposes. Any use of the City’s logo, flag, seal, slogan, or name shall further be subject to the provisions of Chapter 1.06 of the Victorville Municipal Code and applicable State laws. The use of the City Seal, logo, or other insignia on personal matters and correspondence is not permitted.
2. Council Chambers and Staff Photos . The City Council Chamber cannot be used as a location for taking campaign photos or engaging in any form of campaign activity. Any violations of this prohibition may be reported to the Fair Political Pr actice Commission and any other enforcement agencies, and may further result in reprimand or censure, as provided in Chapter 10. The use of photos with current City staff and City Council candidates in election materials is prohibited.
III. SPEAKING FOR “THE CITY”
A. Issue Position Statements . When members are requested to speak to groups or are asked the Council’s position on an issue, the response should reflect the position of the Council as a whole taken in open session. It is permissible, however, for a Councilmember to clarify his/her vote on a matter by stating: “While I voted against ‘X,’ the City Council voted in support of it.” When representing the City at meetings or other venues, it is essential that those in attendance gain an understandi ng of the City Council’s position rather than that of an individual member.
B. Communication of Council Policy . The Mayor and individual Councilmembers are not authorized to speak on behalf of the City or the City Council with regard to City or City Council policy or positions, except when such policy or position has been clearly established or when the Mayor or Councilmember has been designated by the City Council as a spokesperson on a given subject.
C. Supporting State or Federal Legislation . The Cit y Council may be requested to formally support or oppose state or federal legislation. In considering whether or not to take such action, it is Council policy to determine first if the legislation involves matters pertaining directly to the City of Victorv ille or its residents as a whole. If the subject matter does not relate directly to City business or to local residents, then the City or City Council can decline to take a position. If the legislation could be expected to affect the City or its residents, then the City Council may elect to take a position. All correspondence articulating the City’s position on state and federal legislation shall be handled in a manner consistent with the City
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45 Council’s adopted goals and policies.
D. Press Releases . All press releases pertaining to the City Council shall be issued on City letterhead on behalf of the entire City Council. No press releases pertaining to the City Council or City shall be released by individual members of the City Council without prior authorization from the City Council acting at a Council meeting. The City Manager and his/her designated staff are authorized to issue press releases pertaining to City activities and events of public importance as he/she determines necessary and appropriate to keep the public informed. All final press releases shall immediately be distributed to the City Council.
E. Representation at Ceremonial Functions.
1. City Sponsored Events. The Mayor, or Mayor Pro Tem in his/her absence, shall represent the Council at ceremonial functions organized by the City. The Mayor or Mayor Pro Tem may, at his/her own discretion, ask another Councilmember to represent the Council at that function when neither is available. Staff shall also include any Councilmember who has promoted a project or event in any program or agenda in such a function.
2. Non‐City Sponsored Events . As a general rule, the Mayor, or the Mayor Pro Tem in his/her absence, shall represent the Council at ceremonial functions not organized by the City upon receipt of an invitation from the sponsor of such event. If neither the Mayor nor the Mayor Pro Tem is available to attend a non‐City sponsored event, h e/she may designate a replacement. Nothing in this provision is meant to preclude a Councilmember from representing the Council at a ceremonial function where the event organizer has requested that a specific Councilmember attend the function.
F. Appearances before Agencies and Organizations . If a member of the City Council appears before another governmental agency or organization to give a statement on an issue affecting the City, the Councilmember should first indicate the majority position and opin ion of the Council. Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not represent the position of the City Council.
G. Participation in Community Activities . From time to time, Councilmembers m ay choose to participate in community activities, committees, events, and task forces. When a Councilmember participates in these types of activities, the Councilmember is acting as an interested party rather than acting on behalf of the City Council. Acti ng or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representative for the matter.
H. Name Badges. The City issues name badges to all City Councilmembers, the City Manager, the City Clerk, Senior Management, department heads, City Planning Commissioners, City advisory committee members, and other City staff as deemed appropriate by the City Council.
1. Official Use Only. It is not permissible for any City Councilmember or any of the personnel
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46 listed in Section G, above, to use his/her badge for any purpose except as reasonably necessary for identification when acting in their official capacities.
3. Fraudulent Use Prohibited. It is not permissible for any person to wear, exhibit, or use a badge with the intent of fraudulently impersonating a City official or of fraudulently inducing the belief that the person is a City official at the time the badge is worn, displayed, or used.
I. Business Cards. City Councilmembers will be provided with City Manager approved business cards in increments of 500. No more than one order will be processed within a 12 -month period unless approved in advance by the City Manager. City business cards may not be used for personal or financial gain, for obtaining privileges not otherwise available to a Councilmember, or for soliciting political contributions. Councilmembers are prohibited from using any other form of non-approved business cards that contain the City logo, the City seal, the City flag, or the City slogan.
IV. CITY COUNCIL SPENDING AND REIMBURSEMENT POLICY
A. Effect of CP-12-01. Except as specified otherwise in this Section, the provisions of the Expense Reimbursement Policy set forth in Council Policy N o. CP-12-01, or any amendment(s) to or successor Council Policy adopted in lieu thereof ( “CP-12-01”) shall apply to all City Councilmembers. The provisions of Council Policy Nos. CP -93-5 and CP -73-3, to the extent currently in effect, are completely superseded by this Section.
B. Events and Covered Expenses . As long as all other requirements of this Section IV are also met, covered expenses (as that term is used in CP -12-01) incurred by City Councilmembers constitute reimbursable expenses when they engag e and/or participate in the following activities and/or events (“Events”):
1. Communicate with representatives of regional, state, and national government and their various agencies and entities on City-adopted or authorized policy positions.
2. Attend educational seminars designed to improve Councilmembers’ skill and information levels.
3. Participate in regional, state, and national organizations, e.g., California League of Cities or National League of Cities, whose activities affect the city’s interests.
4. Attend City-sponsored events.
5. Travel out-of-state or internationally for the above purposes.
C. Advance City Council Approval of Expenditures for Events . Prior to making travel, transportation, and/or lodging arrangements for any Event for which a Councilmember
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47 wishes to be reimbursed by the City, the Councilmember must have the Event and the expenditure approved. Requests for travel and meeting expense reimbursements or City - paid travel and meetings for any Event(s) will require the advance approval of the City Council at a regularly-scheduled Council Meeting under an agendized item requesting such approval.
The foregoing requirement for approval of tr avel expenses shall not apply when the City Councilmember is traveling in connection with his/her required attendance at meetings of legislative bodies of outside agencies to which the Councilmember has been appointed to serve as a City representative or alternate pursuant to Chapter 9, Section IV of this Manual.
D. Meeting Reporting Requirement . C ouncilmembers shall provide a brief report on any meeting or event attended at the expense of the City at the next regular meeting of the Council. If multiple Councilmembers attended the same event, a joint report may be made.
E. Additional Spending and Reimbursement Rules.
1. Spending Tracked . The City Manager’s Office will keep an individual spending and reimbursement record for each Councilmember for the period of July 1 to June 30 of each year.
2. Intrastate/International Travel. No travel outside the state or the country is permitted without advance approval of the City Council, who shall make such decision at a Council Meeting under an agendized item requesting such approval.
3. Travel Arrangements. Hotel and travel accommodations may be made by City staff or the Councilmember. Councilmembers shall use best efforts to seek the most reasonable, cost-effective manner of travel and/or accommodations, keeping in mind that such travel and/or accommodations are being provided at the expense of the taxpayers.
F. Expense Reports Required . In order to receive expense reimbursements, Councilmembers shall complete and submit to the City Manager’s Office a Travel and Expense Reimbursement Form and Report (“Expense Report”) within a reasonable time after incurring the expense, but in no event, shall it be later than 30 days thereafter. The following rules shall also apply:
1. Each Expense Report shall be accompanied by all receipts documenting each expense with proof of the advance approval obtained from the City Council (or the City Manager, as applicable).
2. The Councilmember shall verify that the expenses for which reimbursement is sought were incurred on behalf of the City in the performance of official duties and otherwise meet the requirements of this Section IV.
3. All documents related to reimbursable expenditures, including, but not limited to, the Expense Report and actual receipts, are publ ic records subject to disclosure under the
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48 Public Records Act. Any personal information, e.g., credit card numbers, contained on any receipts may be redacted before publicly releasing such records.
G. City Manager Authority. The City Manager has the au thority to determine the reasonableness of an expense and, as such, may disallow it for reimbursement. A request for reimbursement that has been disallowed by the City Manager may be appealed to the City Council who will make its decision at a regularly s cheduled City Council Meeting under an agendized item requesting such appeal. The decision of the City Council shall be final.
V. GUIDELINES AND PROCEDURES FOR CEREMONIAL RECOGNITION ITEMS
A. General. The City of Victorville regularly receives requests from individuals and organizations for various ceremonial recognition items. These items can range from a simple letter or certificate of recognition to a plaque commemorating a special occasion or eve nt.
B. Need for Guidelines. Ceremonial recognition items are presented purely as gestures of high esteem. If provided too freely or for less than honorable purposes, they are apt to lose significance and become meaningless. Therefore, these Guidelines and Procedures for the issuance and presentation of ceremonial recognition Items shall be adhered to fully.
C. Jurisdictional Limitations and Description of Ceremonial Recognition Items . Ceremonial recognition items shall be awarded to businesses, organi zations, and individuals located in, providing services in, or residing exclusively in the City of Victorville. All other requests will be denied, and the requesting party shall be referred to the appropriate jurisdiction.
1. Certificates of Recognition in P resentation Folders. Certificates of Recognition in Presentation Folders are intended to commend and recognize businesses located in the City of Victorville during small -scale ribbon cuttings, grand openings, and open house events.
2. Letters of Recogni tion/Congratulations. Letters of Recognition/Congratulations are intended to commend and recognize the following:
(a) Major achievements, such as the Eagle Scout Award and Girl Scout Gold Award. (b) Milestone events, such as the anniversary of an organiza tion, wedding anniversaries of 50 or more years, or other life milestones, such as significant birthdays.
3. Framed Certificates of Recognition. Framed Certificates of Recognition are intended to commend and recognize the following:
(a) Exceptional contributions to the City of Victorville by a community organization, business, or individual; and
(b) Large scale ribbon cuttings, grand openings, a nniversaries, and open house events for businesses located in the City of Victorville.
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49 4. Plaques.
(a) Plaques shall be presented only to prominent business and/or organizations that have made a significant contribution to the City of Victorville and its residents. (b) Plaques may also be prepared for presentation to certain individuals who have acted with distinction in carrying out their duties or who have taken extraordinary actions that further the best interests of the City of Victorville and its residents. (c) The presentation of plaques will only be made in the City of Victorville where the business/organization/individual can be formally acknowledged.
5. Proclamations. Proclamations are ceremonial documents signed by the Mayor for
(a) public awareness,
(b) charitable fundraising campaigns, and
(c) arts and cultural celebrations.
Proclamations will not be issued to or for any of the following:
(a) Individuals. Proclamations must affect a broad group of people. (b) Matters of political controversy, ideological or religious beliefs, or individual convictions.
(c) Events or organizations with no direct relationship to the City of Victorville. (d) Campaigns or events contrary to policies of the City of Victorville.
D. Procedures for Requesting Ceremonial Recognition Items.
1. Each request must be submitted in writing to the City Clerk's office at least seven business days prior to the date the ceremonial recognition item is needed. There are no exceptions to this requirement unless specifically waived by the Mayor and Mayor Pro Tem or when the request is made by the City of Victorville’s Public Information Officer in furtherance of his/her official duties.
2. Each request must be submitted in writing to the City Clerk, except when the Public Information Officer, in furtherance of his/her official duties, is the requester.
3. Businesses and individuals located in, providing services in, or residing in the City of Victorville may submit requests. Any Councilmember may also request ceremonial recognition items, subject to the criteria set forth herein.
4. Each request must include the following:
(a) The contact person’s first and last names, address, e-mail address, and telephone number.
(b) The name of the individual who will be accepting the presentation if different
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50 from the contact person’s name.
(c) A brief summary and/or background information about the event, organization, or individual to be recognized and the reason the recognition is being r equested. (d) The date the item is needed.
(e) The date, time, and location of the event if the ceremonial recognition item is to be presented at an event.
5. All requests shall be approved by the Mayor and the Mayor Pro Tem. To the extent the Mayor and Mayor Pro Tem are not in agreement on approving a request for a ceremonial recognition item, then such request will be placed on the next available City Council Agenda for consideration by the City Council. The City Council reserves the right to modify or deny any request.
6. Councilmembers shall uphold the good purpose intended for ceremonial recognition items. Therefore, in keeping with the Councilmembers’ Code of Ethics to be above reproach and avoid the appearance of impropriety, Councilmembers shall not request ceremonial recognition items for any private or personal interest, including politics.
Furthermore, no Councilmember may request an official recognition for or on behalf of any business, organization, or individual associated with an organization in which the Councilmember serves as an employee, member, or volunteer.
7. Only one official signed copy of any form of recognition will be issued per individual or organization per calendar year.
8. Ceremonial recognition items are not automatically reissued every year. No announcement may be made regarding any recognition item until official confirmation has been received from the Mayor's office.
E. Criteria for Awarding Ceremonial Recognition Items.
1. All ceremonial recognition items shall be consistent with the United States Constitution, the California State Constitution, the Victorville Municipal Code and the various laws passed pursuant to such instruments.
2. The City Manager and his/her City Clerk shall ascertain whether the prospective recipient is in good standing with the City, has any potential conflicts of interest, and/or is related to any member serving on the City Council or working in the City.
3. If the prospective recipient is in good standing with t he City, but another potentially disqualifying circumstance exists with either the requester or the prospective recipient, the information shall be brought to the City Council at the next available City Council meeting to determine whether it is appropriat e to provide the ceremonial recognition item.
F. Additional Information Related to Ceremonial Recognition Items .
1. All requests will be submitted to the City Manager and City Clerk at a weekly review meeting for consideration. All items consistent with the guidelines in this Chapter will then be reviewed for further consideration by the Mayor and Mayor Pro -Tem, who will follow the provisions set forth in this chapter.
2. The Mayor shall sign all ceremonial recognition items. However, when a Councilmember is the
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51 Mayor’s designee, when a specific Councilmember is the lone invitee to the event, or when a Councilmember has been requested by a business or organization to be a speaker at the event where a certificate of recognition is to be presented, that Councilmember shall also sign the certificate of recognition.
3. Ceremonial recognition items are bestowed only at a Council meeting or other event where the recognition item is to be presented. The Mayor or his/her designee shall be the presenter.
Notwithstanding the forgoing, when an event organizer(s) has invited one Councilmember to an event, that Councilmember shall be the Mayor’s designee.
4. Letters of Recognition/Congratulations may be mailed.
Chapter 9
52 CHAPTER 9 ‐ COMMISSIONS, COMMI TT EES, AND BOARDS
I. PURPOSE AND GENERAL CONSIDERATIONS
A. Role of City Commissions, Committees, and Boards . Most commissions, committees, and boards established by the City Council are advisory to the City Council. The role of all such commissions, committee s, or board s is to make recommendations to the City Council on matters affecting the City of Victorville. Except as otherwise provided in State or local law, commissions and committees have no independent role separate and apart from their role as advisory to the City Council. Commissions, committees, and boards have no authority to appropriate funds or make policy except as otherwise approved by the City Council.
B. Nomination and Confirmation. On or before December 31 st of each year, the City Clerk (or such other staff as the Council may designate) shall prepare and provide to the City Council an appointm ents list of all regular and ongoing commissions, committees , and boards appointed by the Council and the terms of the members of such boards, committees, and commissions that will expire during the next calendar year as required by Government Code Section 54970 et seq., also known as the Maddy Act. City Council Resolution No . 13-049 identifies that the normal term of each regular committee member shall be four years, more or less, and shall be coterminous with the term of office of the nominating Councilmember.
As such, in years when a City Council election takes place, all seats on commissions, committees, and boards for newly elected Councilmembers will be open for nomination and appointment. In years when there is no City Council election, only those seats that are unfilled will be open for nomination and appointment. Such nominations must be confirmed by a majority vote of the full membership of the City Council in order for an appointment to occur. The Presiding Officer shall facilitate appointments in accordance with nomination and appointment procedure set forth in Ch apter 2, points 1 -6. To the extent a Councilmember’s nominee for a specific commission , committee, or board does not obtain the requisite affirmative votes , such Councilmember will be given the opportunity to nominate up to three (3) other individuals, eit her at the same meeting or at subsequent meetings. In the event a Councilmember’s subsequent three (3) nominees are not confirmed by a majority vote of the Council, then the City Council shall appoint a commission, committee, or board member using the sam e procedures set forth herein .
Unscheduled vacancies shall be filled in accordance with Government Code Section 54974.
Such unscheduled vacancy appointments shall be coterminous with the appointing Councilmember’s term of office as provided for in City C ouncil Resolution No. 13 -049.
C. Instruction and Training . The Council shall ensure that all members of City commissions, committees, and boards are properly instructed on their responsibilities, direction, and performance expectations. Such City commi ssions, committees, and boards shall also be required to follow the applicable provisions of Resolution No. 13 -049 and any amendments or successor resolutions thereto.
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53 D. Planning Commission . Victorville Municipal Code Section 2.12.020 “Terms – Regular Members” specifies that the term of each regular commission member shall be four years, more or less, and shall be coterminous with the term of the office of the nominating Councilmember. It further should be noted that Resolution No. 13-049 does not apply to the Planning Commission. The membership, powers, and responsibilities of the Planning Commission are set forth in Chapter 2.12 of the Victorville Municipal Code and various provisions of State Law. In accordance therewith, the Planning Commission has adopted rules for transacting Planning Commission business.
E. Conflict of Interest. All members of commissions, committees, and boards shall abide by the provisions of the Political Reform Act, FPPC regulations, and provisions of the common law relating to conflicts of interest.
II. CITY COUNCIL SUBCOMMITTEES
A. Purpose. At times, the City Council forms committees composed solely of a portion of its own membership. These committees, often referred to as subcommittees, are formed to study, investigate, and make recommendations to the full Council regarding specific topics and may be designated as either Standing or Ad Hoc.
1. Standing Subcommittees . These subcommittees have a continuing subject matter jurisdiction or meeting schedules that are fixed by the Council. Regardless of the number of members, Standing subcommittees are required to comply with the Brown Act.
2. Ad Hoc Subcommittees . These s ubcommittees have a specific purpose and limited duration, no continuing subject matter jurisdiction, and no meeting schedule fixed by the Council. Ad Hoc Subcommittees composed solely of less than a quorum of the City Council membership (2 members maximu m) are generally exempt from the Brown Act and thus are not required to schedule regular meetings or post meeting dates and agendas.
B. Subcommittee Formation and Appointment.
1. Standing Subcommittees. The Council may create or dissolve Standing subcommittees at any time by the affirmative vote of a majority of the Council. The Mayor nominatesand the City Council confirms by majority vote the members of Standing subcommittees.
2. Ad Hoc Subcommittees . The Council or the Mayor may create ad hoc subcommittees.
The Mayor has the discretion to make appointments to such ad hoc subcommittees himself/herself or to allow a majority of the Council to vote on such appointments.
C. Subcommittee Responsibilities . The responsibilities of subcommittees include making and submitting recommendations and information to the Council for consideration and/or a vote (once properly agendized as noted in Section III.C, below, to ensure compliance with the
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54 Brown Act). Staff will work with and support Council subcommittees as required and in accordance with the provisions of Section II of this Chapter.
D. Review of Standing and Ad Hoc Subcommittees. At its second regular meeting in December (or as soon thereafter as possible), and prior to making any appointments, the Counci l will review each currently-existing Standing or Ad Hoc Subcommittee and determine the need to renew or terminate the committee.
E. Conduct of Subcommittee Meetings . Council subcommittees shall generally follow the meeting procedures and rules of order set forth in Resolution No. 13-049.
III. ADMINISTRATIVE SUPPORT FOR CITY COMMISSIONS AND COMMITTEES.
A. Staff to Provide Support. City staff will provide assistance and support to City commissions, committees, and subcommittees; however, such commissi ons, committees, and subcommittees do not have supervisory authority over City employees. While staff may work closely with these entities (particularly the Planning Commission), City staff members remain responsible to their immediate supervisors and ultimately to the City Manager. The members of City commissions, committees, and subcommittees are responsible to perform the functions (as set forth in Victorville Municipal Code or other City Council directive) of their respective committees/commissions.
B. Examples. Staff support includes preparation of an agenda and preparation of reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate back-up materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues.
C. Procedure for Recommendations to Council . Advisory City commissions, committees, and subcommittees wishing to communicate progress, status, and/or recommendations to the City Council must do so through approved Council agenda procedures. In addition, if such commissions, committees, and subcommittees wish to correspond with an outside agency, such correspondence will be prepared by staff for review by the City Man ager and possible approval by the City Council. Individual members of City commissions, committees, and subcommittees who would like City staff to perform research or review a particular issue must gain the approval for such a request from the City Manager before any work is planned or done.
IV. COMMISSIONS, COMMITTEES , AND BOARDS ON WHICH COUNCILMEMBERS SERVE AS CITY
REPRESENTATIVES
A. Outside Agencies. City Councilmembers are appointed to serve as City representatives on the boards of commissions and/or committees of outside agencies in the region, such as the Victor Valley Transit Authority (“VVTA”), the San Bernardino County Transportation Authority (“SBCTA”), and the Victor Valley Wastewater Reclamation Authority (“VVWRA”).
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55 B. Procedures. Nominat ion and confirmation of such representatives and one alternate shall follow the same procedure identified in Section I.B for City Commissions, Committees, and Boards.
C. Absence. Whenever a member of the City Council is unable to attend a regional board or committee meetingto which he or she is designated as the City’s representative, he or she shall notify his/her alternate to request his/her attendance.
D. Duties. Councilmembers appointed to serve on outside agencies shall do so as representatives of the City, shall comply with the rules of procedure adopted by such agencies when participating in meetings of such agencies and shall provide updates or reports to the City Council on the activities of such agencies as required.
Chapter 10
56 CHAPTER 10 - ENFORCEMENT
I. CENSURE AUTHORIZED
Censure is a formal resolution of the City Council that reprimands one of its own members for specified conduct, generally a violation of State, Federal, or local laws; or of City policy, including the provisions of this Manual (hereinafter collectively “L aw”). Censure should not follow an occasional error in judgment that occurs in good faith and is unintentional, but it is appropriate when the violation is considered to be a serious offense or the conduct involves intentional and repeated violations of L aw or City policy after other Councilmembers have informed the offending Councilmember of the violation(s). Censure carries with it no fine or suspension of the rights of the member as an elected official, but it nonetheless is a punitive action for wrongdoing.
II. CENSURE PROCEDURE
A. Request for Censure Hearing . During the open portion of any regular or special meeting of the City Council, any Councilmember may make a motion to calendar a censure hearing concerning the violative conduct of one of its members.
1. Specific Allegations. The request must include specific allegations of the conduct that constitutes a violation of the Laws or City policy upon which the proposed censure is based.
2 Support; Hearing or Investigation. If a majority of Councilmembers support the request then a) direction shall be given to City Manager to calendar the item for a future agenda or b) the Council shall appoint an ad hoc committee to investigate the charges.
3. When No Investigation Required . If the conduct or violation alleged is patent or otherwise clearly apparent, setting of the censure hearing shall proceed in accordance with Subsection C, below.
B. Investigation. If a majority of the Council determines an investigation is warranted, the Council shall designate an ad hoc committee consisting of two of its members, one of which shall be the Mayor, to conduct the investigation. If the Mayor is the subject of the cha rges, the Mayor Pro Tem shall be appointed in lieu of the Mayor to serve on the ad hoc committee.
1. Independent Investigator. The Council may select an independent investigator to assist in conducting the investigation. The independent investigator woul d be managed by the ad hoc committee to conduct the investigation.
2. Process for Taking Statements . In the course of the investigation, the committee must determine the process by which statements are taken. A witness may choose to provide a signed dec laration under penalty of perjury attesting to his or her knowledge of the facts surrounding the allegations. If a witness is unwilling to submit such a declaration,
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57 the Council may issue a subpoena to compel the witness' testimony, consistent with its subpoena power granted under the Government Code.
3. Conclusion of Investigation . At the conclusion of the investigation, the results shall be presented in writing to the full Council. Based on the results and upon a majority vote of the Council, a censure hearing may be set in accordance with Subsection C, below.
4. Investigation Guidelines . The following guidelines apply to ad hoc committee investigations:
(a) The committee may be staffed by administrative and legal staff. (b) If authorized by City Council, the committee may subpoena witnesses and documents. (c) In making a determination to hold a censure hearing, the committee should determine if after taking all the facts and evidence into consideration, there are reasonable grounds to believe or no t believe that the conduct, violation, or offense occurred.
(d) The committee shall issue a final report and recommendations to the City Council. The final report shall be made available to the public.
C. Censure Hearing. If a censure hearing is set, it must be set far enough in advance to give the Councilmember subject to the charges adequate time to prepare a defense. That member shall be given the opportunity to make an opening and closing statement and to question his or her accusers. The Councilme mber subject to the charges may be represented and may have the representative speak or question on his or her behalf. The Mayor, or the Mayor Pro Tem if the Mayor is the subject of the charges, shall preside at the hearing. The rules of evidence shall not apply to the hearing, which is not a formal adversarial proceeding. The City Attorney or designee shall provide legal advice to the City Council during the hearing.
D. Resolution of Censure . A decision to censure requires the adoption of a resolution making findings with regard to the specific charges, based on substantial evidence, and approved by the affirmative vote of at least three (3) Councilmembers. In accordance with Government Code section 995, upon request of a Councilmember, the City may reimburse the Councilmember’s reasonable attorney fees and costs in defending himself/herself.
III. REMOVAL
A. Disruptive Conduct by Councilmember During Meeting.
1. In addition to the foregoing and as set forth in Section III.C of Chapter 5 of this Manual, the provisions of Government Code Section 36813 shall be applicable to the conduct of Councilmembers during Council meetings. Said Section provides:
The City Council may establish rules for the conduct of its proceedings. It may punish a Councilmember or other person for disorderly behavior at a meeting.
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58 2. In accordance with Section 36813 and Section III.C of Chapter 5 of this Manual, the punishment may include removal from the Council Meetin g of the disruptive Councilmember upon a majority vote of the City Council. A motion for removal may be made by any Councilmember, including the Mayor, and is not debatable. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
IV. ACKNOWLEDGEMENT OF RECEIPT AND UNDERSTANDING OF MANUAL
Upon first entering office, upon election to any subsequent term, or whenever this City Council Policy and Procedures Manual is updated by City Council Resolution, every Councilmember shall sign a statement affirming that he/she has received, read, and und erstood the provisions set forth in this Manual and furthermore agrees to abide by them.
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