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, March 7, 2023
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.
Now
that
COVID-19
cases
in
our
area
have
reduced
to
a
point
that
social
distancing
requirements
have
been
lifted,
City
Council
Meetings
will
be
held
in-person
at
City
Hall
in
Council
Chambers.
Remote
viewing
of
our
Council
Meetings
is
available
through
YouTube,
but
public comments must be given in-person at the meeting or in advance as noted below.
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
CITY COUNCIL
A.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case
name
unspecified:
(Disclosure
would
jeopardize
existing
settlement
negotiations)
B.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case
name
unspecified:
(Disclosure
would
jeopardize
existing
settlement
negotiations)
C.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case
name
unspecified:
(Disclosure
would
jeopardize
existing
settlement
negotiations)
D.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case
name
unspecified:
(Disclosure
would
jeopardize
existing
settlement
negotiations)
E.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case
name
unspecified:
(Disclosure
would
jeopardize
existing
settlement
negotiations)
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 Catholic Church
Pledge of Allegiance: Police Captain John Wickum
Proclamations/Special Presentations
Arson Shift Investigator Program Presentation
City Clerk Swearing in of Battalion Chief-Deputy Fire Marshal Perry Goth
City Clerk Swearing in of Captain/Arson Shift Investigator James Lanphar
City Clerk Swearing in of Captain/Arson Shift Investigator Timothy Ortiz
City Clerk Swearing in of Battalion Chief Robert Clemmer
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
PUBLIC HEARING(S)
1. Vacation
of
an
easement
on
SCLA
Property
located
in
the
vicinity
of
Sabre
Street
east of Phantom West Road with an environmental exemption
Recommendation:
That the Honorable City Council:
(1)
Open
and
conduct
a
public
hearing
to
consider
the
vacation
of
an
easement
on
SCLA property located in the vicinity of Sabre Street east of Phantom West Road; (2) Hear evidence offered by persons interested in the vacation; (3)
Find
the
easement
vacation
not
subject
to
environmental
review
under
the
California
Environmental
Quality
Act
(CEQA)
pursuant
to
CEQA
Guidelines
Sections 15060(c)(2) and 15060(c)(3); and
(4)
Adopt
the
attached
Resolution
No.
23-126
to
vacate
an
easement
as
described
and depicted by the attached exhibits.
2. Mid-Year Budget Review and Amendment Request to the 2022-2023 Fiscal Budget
Recommendation:
That
the
City
Council
and
Board
of
Directors
approve
the
changes
reflected
in
this
agenda item along with the included attachments by adopting:
(1)
Resolution
No.
23-013
of
the
City
Council
of
the
City
of
Victorville
amending
Resolution
22-064,
as
amended,
the
budget
resolution
for
the
City
of
Victorville
for
Fiscal Year 2022-2023, relating to an appropriation of funds. (2)
Resolution
No.
VWD
23-004
of
the
Board
of
Directors
of
the
Victorville
Water
District
amending
Resolution
VWD
22-012,
as
amended,
the
budget
resolution
for
the
Victorville
Water
District
for
the
Fiscal
Year
2022-2023,
relating
to
an
appropriation of funds.
(3)
Resolution
No.
SCLAA
23-003
of
the
Board
of
Directors
of
the
Southern
California
Logistics
Airport
Authority
amending
Resolution
SCLAA
22-011,
as
amended,
the
budget
resolution
for
the
Southern
California
Logistics
Airport
Authority for the Fiscal Year 2022-2023, relating to an appropriation of funds. (4)
Resolution
No.
23-016
of
the
City
Council
of
the
City
of
Victorville
adopting
an
updated General Fund Reserve Policy (City Council Policy CP-23-01).
CONSENT CALENDAR
3. Full
Release
of
the
Water,
Sewer,
and
Drainage
Labor
&
Material
Securities
for
Tract Map No. 15396
Recommendation:
That
the
Honorable
City
Council
approve
the
full
release
of
the
water,
sewer,
and
drainage securities for Tract Map No. 15396.
4. Commercial Demand Schedule No. 16
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Commercial
Demand
Schedule
No.
16 in
the
amount
of
$7,453,308.86,
covering
Electronic
Fund
Transfers
No.
333529
through
333695
and
Warrant
No.
789105
through
789320
for
02/2/2023
through
02/16/2023
and
Wire
Transfer
dated
02/22/2023,
per
the
adopted
budget
for
Fiscal
Year
2022-2023
for
the
period
covering
July
1,
2022
through
June
30,
2023.
5. Payroll Warrant List
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Payroll
Demand
Schedule
No.
7B
for
Payroll
Period
January
06,
2023,
through
January
20,
2023,
in
the
amount
of
$1,849,613.63
covering
Check
Nos.
33228
through
33251,
including
Vendor
checks.
Please
note
employee
Check
No.
33237
has
a
live
Check
and
an
EFT
Advice.
Also
included
are
Advice
Nos.
296616
through
297088,
per
adopted
budget
for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).
6. Settlement Agreement between the City of Victorville and Michael Truong
Recommendation:
That
the
Honorable
City
Council
approve
the
Citation
Settlement
Agreement
by
and
between
Michael
Truong
and
the
City
of
Victorville
in
regard
to
Citation
Nos.
30476,
29101,
and
25106
and
authorize
the
City
Manager
to
sign
the
Citation
Settlement
Agreement.
7. Settlement Agreement between the City of Victorville and Lily Xue
Recommendation:
That
the
Honorable
City
Council
approve
and
authorize
the
City
Manager
to
sign
the
Citation
Settlement
Agreement
by
and
between
Lily
Xue
and
the
City
of
Victorville
regarding
Citation
No.
26698
and
Superior
Court
Case
No.
CIVSB2105665.
8. Minutes
of
the
December
13,
2022,
and
December
15,
2022,
Special
City
Council
Meetings and the December 20, 2022, Regular City Council Meeting
Recommendation:
That
the
Honorable
City
Council
approve
the
minutes
of
the
Special
City
Council
Meetings
held
on
December
13,
2022,
and
December
15,
2022,
and
the
minutes
of
the Regular City Council Meetings held on December 20, 2022.
9. Multiple Roof Replacements Project #CC23-066
Recommendation:
That the Southern California Logistics Airport Authority Board of Directors:
(1)
Reject
all
bids
received
and
opened
for
the
Multiple
Roof
Replacements
Project
#CC23-066 (“Project”); and
(2) Direct staff to resolicit the Project.
WRITTEN COMMUNICATIONS
10. Benefits Resolution No. 23-014 and Table of Organization
Recommendation:
That
the
Honorable
City
Council
adopt
Benefits
Resolution
No.
23-014,
revising
the
Table of Organization and Compensation Schedule, effective March 7, 2023.
11. Update to the Victorville Municipal Utility Services Energy Efficiency Program
Recommendation:
That
the
Honorable
City
Council
adopt
Resolution
No.
23-012,
amending
and
supplementing
Resolution
No.
19-019,
to
provide
further
incentives
to
VMUS’
customers to implement improvements using the Energy Efficiency Program.
12. Consideration
of
proposed
City
Council
Resolution
No.
23-015
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. 23-015.
13. Discussion
and
Possible
Action
on
Reviewing
the
Criteria
for
Appointments
to
the
Measure P Oversight Committee
Recommendation:
Any action is at the discretion of the City Council.
14. City Manager Reports
15. Discussion and Possible Action Regarding Upcoming Agenda Items
16. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: March 7, 2023
Submitted By:
Brian Gengler, City Engineer
Subject:
Vacation of an easement on SCLA Property located in the vicinity of Sabre Street east of Phantom West Road with an environmental exemption.
Recommendation:
That the Honorable City Council:
1) Open and conduct a public hearing to consider the vacation of an easement on SCLA property located in the vicinity of Sabre Street east of Phantom West Road; 2) Hear evidence offered by persons interested in the vacation; 3) Find the easement vacation not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3); and
4) Adopt the attached Resolution No. 23-126 to vacate an easement as described and depicted by the attached exhibits.
Fiscal Impact:
There will not be a fiscal impact resulting from this action.
Strategic Plan Goal:
This item aligns with Goal E., Strategy 1. in the Strategic Plan, “Invest in Infrastructure” and “Implement the City’s Capital Improvement Program to meet community needs.” Although this is not a Capital Improvement Project, we apply the same strategy to private development projects as they are essential in meeting the community’s needs.
Background:
In December of 2000 an easement was granted by the Southern California Logistics Airport Authority to the City along the alignment of Sabre St., east of Phantom West, for the purpose of streets, utilities, and access for several parcels. This easement continued north from Sabre St. for a distance of about 470 feet. Please refer to Attachment B, a vicinity map, and Attachment C, the grant of easement document. 2 9
4 3
In November of 2006, Parcel Map 18158 was recorded which resulted in the dedication of several City streets, including Sabre St. Also, several new parcels were created with different configurations and parcel lines. In 2009, Parcel 8 was developed with a new building. The building was constructed over part of the easement north of Sabre St. The easement should have been vacated prior to the occupancy of the new building; however, this did not happen.
Discussion:
The property owner of APN No. 0459-192-11 has communicated a request for the easement to be vacated. Engineering staff investigated the easement and determined that there is no need for it. The Sabre Street right of way serves all the purposes of the easement. Therefore, the easement should be vacated.
This easement can be vacated in accordance with the general vacation procedure stipulated in California Streets and Highways Code Sections 8320 and following. The City initiated this vacation as of February 15, 2023. The procedures require that: (1) the date, hour, and place of a public hearing be set not less than fifteen (15) days after the date vacation proceeding was initiated; (2) a public hearing notice containing this information and a description of the easement to be vacated be prepared; (3) the prepared public hearing notice be published in a newspaper of general circulation in the City for at least two weeks prior to the hearing; and (4) conspicuous notices of the vacation be posted along the line of the easement at least two weeks prior to the hearing. These procedures have been followed prior to this public hearing.
The procedures also require: hearing evidence offered by persons interested at the public hearing; adopting a resolution vacating the easement; and recording the resolution.
Please refer to Attachment A, Resolution No. 23-126, related to the easement to be vacated. Attached to the Resolution are Exhibit A, a legal description, and Exhibit B, a plat, both of which describe the easement proposed to be vacated.
The proposed vacation is not subject to environmental review under CEQA pursuant to CEQA Guidelines sections 15060(c)(2) and 15060(c)(3). Because the action would result in the vacation of an easement for streets, highways, sewers, drainage, public utilities, and public access that are not needed for such purposes, the vacation will not have a reasonably foreseeable direct or indirect effect on the environment and/or is not a project subject to CEQA as defined in Guidelines section 15378.
Staff recommends that the City Council: open and conduct a public hearing to consider the vacation of the easement; hear evidence offered by persons interested in the vacation; make the required CEQA findings; and adopt the attached Resolution No. 23- 126 to vacate an easement as described and depicted by the attached exhibits.
Staff remains available for any questions the City Council may have. 2 9
4 3
Attachments: A. Resolution No. 23-126
B. Vicinity Map
C. Grant of Easement Document
ATTACHMENT A
RESOLUTION NO. 23-126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, ORDERING THE VACATION
(ABANDONMENT) OF A GRANT OF EASEMENT AND INTERESTS
CONVEYED THEREIN ON PROPERTY AT THE SOUTHERN
CALIFORNIA LOGISTICS AIRPORT LOCATED IN THE VICINITY OF
SABRE STREET EAST OF PHANTOM WEST ROAD
WHEREAS, on or about December 6, 2000, an easement for the public purpose of streets, highways, sewers, drainage, utilities, and access (hereinafter referred to as the “Easement”) was granted by the Southern California Logistics Airport Authority to the City of Victorville (“City”), by that certain Grant of Easement which was recorded as Document Number 2000-0472101 in the Official Records of the County Recorder of San Bernardino County, State of California, on December 22, 2000, and; WHEREAS, the Easement is described by the attached Exhibit “A” and depicted on the attached Exhibit “B”, and;
WHEREAS, on February 15, 2023, the City initiated a proceeding to vacate the Easement in accordance with Division 9, Part 3, Chapter 3 (General Vacation Procedure) of the California Streets and Highways Code (“S&HC”), Sections 8320 through 8325 and; WHEREAS, the City Clerk scheduled a public hearing for March 7, 2023, at 6:00 pm, in the Council Chambers of City Hall, at 14343 Civic Drive, Victorville, California 92392 and prepared a notice of public hearing, and;
WHEREAS, said notice of public hearing contained a description of the Easement proposed to be vacated; a reference to a map or plan that shows the area to be vacated; a statement that the vacation proceeding is conducted under Division 9, Part 3, Chapter 3 of the SH&C; and the date, hour, and place for hearing all persons interested in the proposed vacation, which hearing date was not less than 15 days after date of the initiation of proceedings set forth above, and;
WHEREAS, the notice of the public hearing on the proposed vacation was published for at least two successive weeks prior to the hearing in a newspaper published and circulated in the City of Victorville, and;
WHEREAS, at least two weeks before the date set for the public hearing, the City posted conspicuously notices of vacation along the line of the Easement proposed to be vacated in accordance with S&HC Section 8323; and
WHEREAS, after receiving a Staff Report and hearing all the evidence submitted at the public hearing, the City Council finds that the Easement described in the notice of public hearing and herein is unnecessary for present or prospective public use.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Recitals
That the Recitals set forth above are true and correct and incorporated herein by reference.
SECTION 2. Vacation/Abandonment of Easement
That the Easement described by the attached Exhibit “A” and depicted on the attached Exhibit “B” be ordered vacated (abandoned).
SECTION 3. Recordation of Easement
That the City Clerk of the City of Victorville shall cause a certified copy of this resolution to be recorded in the Office of the County Recorder of San Bernardino County, State of California, and that upon such recordation this vacation is complete.
SECTION 4. CEQA
That the Easement vacation is not subject to environmental review under CEQA pursuant to CEQA Guidelines sections 15060(c)(2) and 15060(c)(3), because the action results in the vacation of an easement for streets, highways, sewers, drainage, public utilities, and public access that are not needed for such purposes, and will not have a reasonably foreseeable direct or indirect effect on the environment and/or is not a project subject to CEQA as defined in Guidelines section 15378.
SECTION 5. Effective Date
That this Resolution shall take effect immediately upon its adoption.
SECTION 6. Certification
That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions; and shall make a minute of passage and adoption thereof in the records of the proceedings, in the minutes of the meeting at which this Resolution is passed and adopted.
EXHIBIT A
EXHIBIT B
ATTACHMENT B
ATTACHMENT C
Item Number: 2
City Council / Board of Directors
Public Hearing(s)
Meeting of: March 7, 2023
Submitted By:
Sophie Smith, Deputy City Manager
John Mendiola, Finance Director / City Treasurer
Subject:
Mid-Year Budget Review and Amendment Request to the 2022-2023 Fiscal Budget Recommendation:
That the City Council and Board of Directors approve the changes reflected in this agenda item along with the included attachments by adopting:
1. Resolution No. 23-013 of the City Council of the City of Victorville amending Resolution 22-064, as amended, the budget resolution for the City of Victorville for Fiscal Year 2022-2023, relating to an appropriation of funds.
2. Resolution No. VWD 23-004 of the Board of Directors of the Victorville Water District amending Resolution VWD 22-012, as amended, the budget resolution for the Victorville Water District for the Fiscal Year 2022-2023, relating to an appropriation of funds.
3. Resolution No. SCLAA 23-003 of the Board of Directors of the Southern California Logistics Airport Authority amending Resolution SCLAA 22-011, as amended, the budget resolution for the Southern California Logistics Airport Authority for the Fiscal Year 2022-2023, relating to an appropriation of funds.
4. Resolution No. 23-016 of the City Council of the City of Victorville adopting an updated General Fund Reserve Policy (City Council Policy CP-23-01).
Fiscal Impact:
A summary of the mid-year budget changes are as follows: (details of the changes are found in Attachment A)
•City of Victorville – An appropriation of funds, increasing the expenditures by $4,439,347.10 and increasing the revenue by $2,216,604.00. •Victorville Water District – An appropriation of funds, decreasing the expenditures by $755,360.47 and increasing the revenue by $3,219,263.39. •Southern California Logistics Airport Authority – An appropriation of funds, increasing expenditures by $226,064.00. and increasing the revenue by 3 0
1 5
$221,290.00.
Approval of this agenda item would increase total expenditure citywide budget for the Fiscal Year 2022-2023 by $4,439,347.10 and increase the total combined revenue budget for the Fiscal Year 2022-23 by $2,216,604.00.
Strategic Plan Goal:
This item aligns with Goal A: Fiscal Sustainability - Foster fiscal health through disciplined long-term planning, cost control, increased revenues, and cost recovery. A Mid-Year Budget review to appropriately adjust revenue and expenditure projections is appropriate for proper planning.
Background:
The Fiscal Year 2022-2023 Budget, effective July 1, 2022, was adopted by the City Council/Board of Directors on June 21, 2022. Since that time, staff regularly monitored the overall performance of the City’s revenues and expenditures and gained some insight as to possible future needs. The mid-year budget review is an opportunity for staff to use actual operating results through the first half of the fiscal year and to provide an update to the City’s current operating budget by recommending adjustments to the budget needed to accommodate changes in revenue and expenditure estimates, programs, and staffing needs.
The following report compares and summarizes projected revenues and expenditures by the General Fund, Measure P, Special Revenue Funds (Other Governmental Funds) and Enterprise Funds.
Discussion:
The chart below provides a City-wide summary of revenues and expenditures from the adopted budget, revised budget, and mid-year projections for the 2022-2023 fiscal year.
The column labeled FY 22/23 Revised Budget is the Council-approved budget in addition to any Council-approved resolutions for additional appropriations through February 7, 2023.
FY 2022-2023 City of Victorville Budget Summary as of actions taken through the February 7, 2023 City Council meeting are shown below:
Citywide FY22/23
Adopted
Budget
FY22/23
Revised
Budget
Mid-Year
Proposed
Budget
Difference:
Increase
(Reduce)
Revenue 333,533,046 334,118,946 336,635,550 2,216,604
Expenditures 320,651,160 371,937,608 376,376,955* 4,439,347 *Note: This includes $49.5 million in Capital Improvement Projects (CIP) rollover funds. If we subtract the CIP rollover, the Mid-Year Proposed Budget for Total Expenditures is $326,895,826 which will leave us a surplus of $9,739,724 in total revenue over total expenditures.
3 0
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Overview of Major Changes and Recommended Adjustments by Fund Type:
General Fund (Fund 100):
General Fund FY22/23
Adopted
Budget
FY22/23
Revised
Budget
Mid-Year
Proposed
Budget
Difference:
Increase
(Reduce)
Revenue 91,731,061 92,616,959 88,444,688 (4,172,271)
Expenditures 92,196,303 94,210,257 95,065,959 855,702
•Projections for sales and property taxes remain fairly close to budgeted amounts.
The slight increase projected for sales tax is estimated to be offset by the amount allocated to the airport for tax generated in that area, therefore no changes are recommended.
•Reductions in attendance in some recreation classes and events in the amount of $68,571.
•Overall reductions in permitting fees of $4,103,700 as a result of a quicker slowdown in the residential permits than previously anticipated due to the aggressive increase in interest rates.
•Expenditure increase of $855,702.29 primarily is a result of $425,000 in Fire Department requests for a remodel in Fire Station 311, and additional SCBA safety equipment. Animal Control requests are for vehicle repairs and Facilities requests for miscellaneous projects include repairs of the tennis courts at Sunset Ridge Park. The remaining expenditures are spread throughout the other departments which rely on the general fund.
•With the recommended adjustments, the cash flow is projecting to be at 42% of the General Fund Reserve (required 17%).
Projected $39,808,291
Required $16,161,213
Despite the significant decrease in revenue projections for the General Fund resulting primarily from reduced single family residential building activity, the General Fund remains healthy. Because the City has greatly exceeded its General Fund Reserve requirements in recent fiscal years, this unforeseen drop in revenue can be absorbed by reserve funding, which is the specific purpose of reserves.
Measure P (Fund 105):
•With a return to more brick and mortar shopping, the Measure P transaction tax continues to exceed the expectations of staff and our consultant HdL and as a result, the revenue budget for this line item is being increased by $1,632,314 to $30,215,000 for FY2022-2023. Total revenue budget for this fund will be $31,146,186.
•Currently no additional expenditures are planned for this current budget year. 3 0
1 5
•With the recommended adjustments, the cash flow is projecting to be at 76% of the Measure P Fund Reserve (required 17%).
Projected $26,123,004
Required $ 5,877,201
Fueling Stations (Fund 120)(Other Governmental Funds – Public Works):
Based on the rising costs of utilities in the first six months, an additional $133,000 is being requested to cover electric and natural gas costs through the remainder of the year.
Special Revenue Funds:
•City as Housing Successor Agency (Fund 205) is requesting an additional $101,000 for consulting services and continued monitoring and reporting in Old Town for the Nuway remediation project.
•LMADs/MADs/DFADs (Fund 370) are adding $49,060 primarily for unforeseen block wall repairs. Insurance claims are being prepared for cost recovery. •State grants are increasing revenue by $500,000 and expenditures by $447,000 for AB2399 funding received in the Police Department.
Enterprise Funds:
Victorville Water (Funds 410-413):
•Revenue increases of $1,565,516 in water Fund 410 include increases for interest rate hikes, increased late charges, and primarily a new rate methodology in metered water service fixed charges for better revenue stability and fixed cost coverage.
•Revenue increases of $1,278,747 in wastewater Fund 412 and $375,000 in reclaimed water Fund 413 stem from increased recycled water consumption and sewer fees which is based on this consumption.
•Expenditure decreases of $755,360 are primarily from revised watermaster charges.
Victorville Municipal Utility Services (Funds 419-423):
•Revenue increase of $1,000,000 in VMUS Gas Fund 419 is a result of gas cost passthrough charges and increased loads.
•Expenditure increases of $2,242,171 is for VMUS Gas offset and additional funding was needed for the Kern River Interconnection Agreement and engineering services for the project.
•Expenditures for VMUS Electric Fund 420 are an additional $848,470, primarily for delays in renewable power projects requiring an additional power purchase of $300,746 and the purchase of transformers with long lead times for $547,724.
Southern California Logistics Airport (Funds 450-457):
•Revenue increases of $221,290 primarily are resulting from additional leases and renewals in the operations Fund 450.
•Airport Operations also increased expenses by $226,064 for various maintenance and services including re-roofing SCLA Building 744. 3 0
1 5
General Fund Reserve Policy Update (Funds 100 & 105):
Also for approval with the mid-year budget request is an updated General Fund Reserve Policy. Attachment E includes a blacklined version of the policy to clearly show that a formula for calculating the required reserve has been added. This formula applies to both the General Fund (100) and the Measure P Fund (105). The 17% reserve requirement remains unchanged.
Conclusion:
Budgeting for the post-pandemic activity has been challenging, although our main revenue sources appear to be tracking with our projections or slightly higher. Anticipated slowdown of residential permitted improvements and growth occurred sooner than anticipated although industrial growth is still occurring. The primary changes aside from residential slowdown stem from our enterprise funds as a result of realized costs that we were unable to accurately estimate prior to the start of the fiscal year such as the large increase in natural gas costs and increased consumption. The City continues to diligently search for additional revenue resources to help not only the community, but also maintain fiscal stability so that future resources are available. Budgets that are currently projected to be over-budget at the end of the year have been addressed with the appropriations requests but will be continuously monitored by staff.
Staff remains available for any questions Council may have.
Attachments: A. Mid-Year Budget Summary
B. Resolution No. 23-013
C. Resolution No. VWD-23-004
D. Resolution No. SCLAA-23-003
E. Resolution No. 23-016
ATTACHMENT A
Department/Division FY22/23 Revised Budget Project Increase (Decrease) Mid ‐Year Proposed Budget General Fund (100)
General Revenues 78,957,549 $ ‐ $ 78,957,549$ Animal Control 114,500 $ 15,000$ 129,500$ Building 5,272,000 $ (3,029,000)$ 2,243,000$ Business License 640,000 $ 4,500$ 644,500$ City Clerk 1,200 $ ‐ $ 1,200$ Code Compliance 790,000 $ 100,000$ 890,000$ Engineering 2,089,600 $ (1,213,000)$ 876,600$ Facilities 91,584 $ ‐ $ 91,584$ Finance 52,000 $ ‐ $ 52,000$ Fire Department 227,096$ ‐ $ 227,096$ Library 56,000 $ ‐ $ 56,000$ Parks 366,366 $ ‐ $ 366,366$ Planning 252,500 $ ‐ $ 252,500$ Police Department 2,437,866 $ 18,800$ 2,456,666$ Public Works 519,800 $ ‐ $ 519,800$ Recreation 748,898 $ (68,571)$ 680,327$ General Fund Total 92,616,959 $ (4,172,271)$ 88,444,688$ Measure P (105)
General Revenues 28,582,686 $ 1,632,314$ 30,215,000$ Fire Department 633,932$ ‐ $ 633,932$ Police Department 297,254 $ ‐ $ 297,254$ Measure P Total 29,513,872 $ 1,632,314$ 31,146,186$ Other Governmental Funds
City Housing Asset Successor 322,500 $ ‐ $ 322,500$ Successor Agency 300,000 $ ‐ $ 300,000$ Engineering 23,157,627 $ ‐ $ 23,157,627$ Facilities 834,600 $ ‐ $ 834,600$ Finance 464,685 $ ‐ $ 464,685$ Fire Department 191,605$ 2,000$ 193,605$ Information Technology 350,000 $ ‐ $ 350,000$ Police Department 86,260 $ 512,088$ 598,348$ Public Works 7,929,040 $ 6,700$ 7,935,740$ Recreation 3,010,500 $ ‐ $ 3,010,500$ Other Governmental Funds Total 36,646,817 $ 520,788$ 37,167,605$ Enterprise Funds
Sanitary/Sewer Treatment 23,016,722$ ‐ $ 23,016,722$ Solid Waste Management 23,282,206 $ (219,780)$ 23,062,426$ Southern California Logistics Airport (SCLA) 48,334,761$ 221,290$ 48,556,051$ Victorville Municipal Utilities Service 23,535,469 $ 1,015,000$ 24,550,469$ Victorville Water District 57,472,140 $ 3,219,263$ 60,691,403$ Enterprise Funds Total 175,641,298 $ 4,235,773$ 179,877,071$ Citywide Revenue Total 334,418,946$ 2,216,604$ 336,635,550$ FY2022 ‐ 2023 Mid‐Year Budget Revision: Changes to Budgeted Revenues Department/Division FY22/23 Revised Budget Project Increase (Decrease) Mid ‐Year Proposed Budget General Fund (100)
General Expenditures 503,666 $ ‐ $ 503,666$ Animal Control 1,214,603 $ 118,000$ 1,332,603$ Building 1,802,807 $ ‐ $ 1,802,807$ Business License 334,650 $ ‐ $ 334,650$ City Clerk 751,654 $ ‐ $ 751,654$ City Council 281,800 $ 10,000$ 291,800$ City Manager 1,279,023$ 84,000$ 1,363,023$ Code Compliance 1,099,134 $ (100,000)$ 999,134$ Economic Development 126,745 $ ‐ $ 126,745$ Engineering 1,219,464 $ ‐ $ 1,219,464$ Facilities 2,891,336 $ 119,381$ 3,010,717$ Finance 3,721,203 $ 82,817$ 3,804,020$ Fire Department 17,388,785$ 425,000$ 17,813,785$ Human Resources 1,763,486 $ ‐ $ 1,763,486$ Information Technology 7,470,497 $ ‐ $ 7,470,497$ Library 1,368,300 $ 15,691$ 1,383,991$ Parks 5,116,524 $ ‐ $ 5,116,524$ Planning 1,851,819 $ 49,367$ 1,901,186$ Police Department 34,377,656 $ 56,556$ 34,434,212$ Public Information Office 591,259 $ ‐ $ 591,259$ Public Works 3,116,906 $ 8,450$ 3,125,356$ Recreation 2,408,904 $ (35,559)$ 2,373,345$ Risk Management 2,746,045 $ ‐ $ 2,746,045$ Solid Waste 783,990 $ 22,000$ 805,990$ General Fund Total 94,210,257 $ 855,702$ 95,065,959$ Measure P (105)
General Expenditures 5,897,631 $ ‐ $ 5,897,631$ Animal Control 631,384 $ ‐ $ 631,384$ City Manager 95,399$ ‐ $ 95,399$ Code Compliance 1,904,288 $ (5,000)$ 1,899,288$ Facilities 1,039,160 $ ‐ $ 1,039,160$ Fire Department 6,469,734$ ‐ $ 6,469,734$ Library 4,223,210 $ ‐ $ 4,223,210$ Parks 544,797 $ ‐ $ 544,797$ Planning 7,171,464 $ ‐ $ 7,171,464$ Police Department 6,432,659 $ ‐ $ 6,432,659$ Solid Waste 167,045 $ ‐ $ 167,045$ Measure P Total 34,576,771 $ (5,000)$ 34,571,771$ Other Governmental Funds
City Housing Asset Successor 48,949 $ 101,000$ 149,949$ Successor Agency 3,907,943 $ ‐ $ 3,907,943$ Engineering 32,223,847 $ ‐ $ 32,223,847$ Facilities 21,304 $ ‐ $ 21,304$ Finance 461,745 $ ‐ $ 461,745$ Fire Department 5,506$ 2,000$ 7,506$ Information Technology 643,800 $ ‐ $ 643,800$ Parks 2,217,523 $ ‐ $ 2,217,523$ Police Department 34,219 $ 447,480$ 481,699$ Public Works 12,022,947 $ 254,889$ 12,277,836$ Recreation 18,288 $ ‐ $ 18,288$ Other Governmental Funds Total 51,606,071 $ 805,369$ 52,411,440$ FY2022 ‐ 2023 Mid‐Year Budget Revision: Changes to Budgeted Expenditures Enterprise Funds
Sanitary/Sewer Treatment 28,128,922$ 10,000$ 28,138,922$ Solid Waste Management 23,299,636 $ 211,931$ 23,511,567$ Southern California Logistics Airport (SCLA) 34,450,897$ 226,064$ 34,676,961$ Victorville Municipal Utilities Service 24,477,139 $ 3,090,641$ 27,567,780$ Victorville Water District 81,187,915 $ (755,360)$ 80,432,555$ Enterprise Funds Total 191,544,509 $ 2,783,276$ 194,327,785$ Citywide Expenditure Total 371,937,608$ 4,439,347$ 376,376,955$ TOTAL REVENUES 334,418,946 $ 2,216,604$ 336,635,550$ TOTAL EXPENDITURES 371,937,608 $ 4,439,347$ 376,376,955$
ATTACHMENT B
RESOLUTION NO. 23-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE AMENDING RESOLUTION 22 -064, AS AMENDED,
THE BUDGET RESOLUTION FOR THE CITY OF VICTORVILLE
FOR FISCAL YEAR 2022-2023; RELATING TO AN
APPROPRIATION OF FUNDS.
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council at mid-year additional estimates of expenditures and revenues of the City departments and offices for the fiscal year 2022-2023; and WHEREAS, copies of said mid -year budget adjustments at the City of Victorville were prepared and distributed to the City Council, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and
WHEREAS, the City Council did fix March 7 , 2023, at the hour of 6:00 p.m., in the Council Chambers of City Hall, 14343 Civic Drive, Victorville, California, as the time and place for holding a Public Hearing upon said budget amendment; and
WHEREAS, the City Council did hold such Public Hearing at said place upon said budget and all persons desiring to be heard by the City Council at said Public Hearing on the budget amendment were heard and the City Council, after due consideration, has determined that said budget amendment should be approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1 . That the increased estimates for expenditures for the City at mid - year for the fiscal year 2022-2 023 now in the hands of the City Clerk is hereby adopted in the amount $4,439,347.10; and the additional estimates for revenues for the City is $2,216,604.00.
SECTION 2 . That copies of such annual budget amendments, 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 City departments and offices of the City and its subsidiary districts.
ATTACHMENT C
RESOLUTION NO. VWD-23-004
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
VICTORVILLE WATER DISTRICT AMENDING RESOLUTION VWD-
22-012, AS AMENDED, THE BUDGET RESOLUTION FOR THE
VICTORVILLE WATER DISTRICT FOR FISCAL YEAR 2022 -2023;
RELATING TO AN APPROPRIATION OF FUNDS.
WHEREAS, the Executive Director of the Victorville Water District did heretofore submit to the Board of Directors of the Vic torville Water District at mid - year additional estimates of expenditures and revenues of the Victorville Water District for the fiscal year 2022-2023; and
WHEREAS, the Board of Directors of the Victorville Water District did fix March 7, 2023, at the hour of 6:00 p.m., in the Council Chambers of City Hall, 14343 Civic Drive, Victorville, California, as the time and place for holding a Public Hearing upon said budget amendment; and
WHEREAS, the Board of Directors of the Victorville Water District did hold such Public Hearing at said place upon said budget and all persons desiring to be heard by the Board of Directors of the Victorville Water District at said Public Hearing on the budget amendment were heard and the Board of Directors of the Victorville Water District, after due consideration, has determined that said budget amendment should be approved.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the estimated reduction for expenditures for the Victorville Water District at mid-year for the fiscal year 2022-2023 now in the hands of the City Clerk is hereby adopted in the amount ($755,360.47); and the additional estimates for revenues for the Victorville Water District is $3,219,263.39.
SECTION 2. That copies of such annual budget amendments, 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 Victorville Water District, City departments, and the offices of the City.
ATTACHMENT D
RESOLUTION NO. SCLAA-23-003
A RESOLUTION OF BOARD OF DIRECTORS OF THE SOUTHERN
CALIFORNIA LOGISTICS AIRPORT AUTHORITY AMENDING
RESOLUTION SCLAA-22-011, AS AMENDED, THE BUDGET
RESOLUTION FOR THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY FOR FISCAL YEAR 2022 -2023; RELATING TO AN
APPROPRIATION OF FUNDS.
WHEREAS, the Executive Director of the Southern California Logistics Airport Authority did heretofore submit to the Board of Directors of the Southern California Logistics Airport Authority at m id-year additional estimates of expenditures and revenues of the Southern California Logistics Airport Authority for the fiscal year 2022-2023; and WHEREAS, the Board of Directors of the Southern California Logistics Airport Authority did fix March 7, 2023, at the hour of 6:00 p.m., in the Council Chambers of City Hall, 14343 Civic Drive, Victorville, California, as the time and place for holding a Public Hearing upon said budget amendment; and
WHEREAS, the Board of Directors of the Southern California Logi stics Airport Authority did hold such Public Hearing at said place upon said budget and all persons desiring to be heard by the Board of Directors of the Southern California Logistics Airport Authority at said Public Hearing on the budget amendment were heard and the Board of Directors of the Southern California Logistics Airport Authority, after due consideration, has determined that said budget amendment should be approved.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SOUTHERN CALIFORNIA AIRPORT AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the additional estimates for expenditures for the Southern California Logistics Airport Authority at mid-year for the fiscal year 2022-2023 now in the hands of the City Clerk is hereby adopted in the amount $226,064; and the additional estimates for revenues for the Southern California Logistics Airport Authority is $221,290.
SECTION 2. That copies of such annual budget amendments, 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 Southern California Logistics Airport Authority, City departments, and the offices of the City.
Attachment E
Resolution No. 23-016
RESOLUTION NO. 23-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE A DOPTING AN UPDATED GENERAL FUND
RESERVE POLICY (CITY COUNCIL POLICY CP-23-01)
WHEREAS, on June 1, 2010, the City Council of the City of Victorville (the “City Council”) adopted the City of Victorville General Fund Reserve Policy CP -10-04 (“Reserve Policy”); and
WHEREAS, on June 21, 2022, the City Council of the City of Victorville adopted the current City of Victorville General Fund Reserve Policy CP-22-02 which replaced Reserve Policy CP-21-01; and
WHEREAS, the calculation for the Annual General Fund Reserve requirement was evaluated and found in need of further clarification; and
WHEREAS, a defined methodology has been added to calculate the Annual General Fund Reserve requirement; and
WHEREAS, Measure P is a General Fund account which is used to account for the one - percent transactions and use tax approved by the voters in November 2020; and
WHEREAS, the said calculation will be applied to the reserve policy for Measure P;
WHEREAS, this policy will continue to be reviewed on an annual basis and brought forth to City Council in conjunction with the annual budget adoption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the revised General Fund Reserve Policy CP -23-01 attached to this Resolution be approved and adopted with only such non-substantive changes that may be approved by the City Manager and the City Attorney.
SECTION 2. That and other resolutions or administrative actions by the City Council, or parts thereof that are inconsistent with any provisions of this Resolution are hereby superseded, but only to the extent of such inconsistency.
SECTION 3. That copies of such policy, certified by the City Clerk, shall be filed with the auditors of the City of V ictorville and in the office of the City Clerk for public inspection within the annual budget document and certified copies thereof shall be made available for use by the City departments, offices and subsidiary districts of the City.
CITY OF VICTORVILLE
COUNCIL POLICY
SUBJECT:
GENERAL FUND RESERVE POLICY
POLICY NO.: CP-23-01
(Supersedes Policy No. CP-22-02)
DATE:
March 7, 2023
BACKGROUND
Financial sustainability has been established as a City Council priority. The General Fund Reserve Policy is an important tool to help mitigate current and future risks and to ensure long-term financial planning. Sound fiscal management practices include the discipline of maintaining adequate reserve funds for known and unknown contingencie s. Such contingencies and occurrences may include, but are not limited to:
1. Cash, flow requirements
2. Economic uncertainties including downturns in the local, state, or national economies
3. Local emergencies and disasters
4. Loss of major revenue sources
5. Unanticipated operating or capital expenditures
6. Uninsured losses
7. Future capital projects
8. Vehicle and equipment replacement
9. Capital asset and infrastructure repair and replacement In addition, minimum levels of reserves are important to help:
1. Insulate the city from actions of the state that may result in a reduction of revenues
2. Demonstrate creditworthiness to bond rating agencies and the financial community
3. Promote both short and long-term financial planning and stabilization
APPLICABILITY
This policy will apply to the General Fund (Fund 100), effective March 8, 2023. The General Fund is the City’s primary operating fund and accounts for all financial resources of the City, except those required to be accounted for in another fund. This policy will also apply to the Measure P general fund (Fund 105), which shall be calculated separately.
PURPOSE
The purpose of this Policy is to establish a target and minimum level of unassigned fund balance to be maintained in the General Fund.
2 POLICY
To ensure sound fiscal management, the City establishes the following General Fund balance designations and funding levels, as calculated pursuant to the Budgetary Fund Balance accounting methodology established within this policy:
1. General Fund Reserve and Measure P Reserve - Seventeen percent (17%) of the General Fund and separately, Measure P Fund annual appropriations shall be held in reserve. The General Fund appropriations calculation shall only include Fund 100. The Measure P appropriations calculation shall only include Fund 105.
2. Minimum Reserve - During times of fiscal hardship, a minimum of five percent (5%) of the General Fund and separately, Measure P Fund annual appropriations shall be maintained to provide provision for cash flow requirements, economic uncertainties, uninsured losses, local emergencies/disasters, or other unknown financial hardships.
3. Replenishment of Fund Reserves - If reserves are used below the seventeen percent (17%) level on either fund, the City Manager shall develop a plan to rebuild the reserve fund(s) to the target level. Said plan(s) shall be presented and/or updated on an annual basis for review and approval by the City Council during the annual budget review and adoption process until the fund(s) reaches the target level.
USE OF GENERAL FUND RESERVES
In the event there are unanticipated expenses or revenue shortfalls during the annual budget approval process, funds may be appropriated by the City Council from the General Fund Reserve to balance the annual operating budget. Funds may also be appropriated by the City Council in case of a local emergency/disaster or financial hardship after the annual operating budget is adopted.
CALCULATION METHODOLOGY
Governmental Accounting Standards Board (GASB) Statement No. 54 “Fund Balance Reporting and Governmental Fund Type Definitions” distinguishes the difference between the term fund balance used in accordance with Generally Accepted Accounting Principles (GAAP) and fund balance used on a budgetary basis. Fund balance is the difference between the assets and liabilities reported in a governmental fund and excludes long-term assets and long-term liabilities.
GASB Statement No. 54 defines five separate components of fund balance, each of which identifies the extent to which amounts are “spendable” as follows:
1. Nonspendable Fund Balance – Assets that cannot be readily converted to cash (i.e. a prepaid asset such as an insurance premium no t yet deducted from fund balance, but not available for appropriation)
2. Restricted Fund Balance – Assets that have externally imposed restrictions (i.e. debt service reserves)
3 3. Committed Fund Balance – City Council imposed commitment
4. Assigned Fund Balance –Restriction imposed by an official designated for that purpose (delegated by the City Council to the City Manager), but not formally restricted or committed by the City Council yet.
5. Unassigned Fund Balance – Residual balance not otherwise restricted
The above components comprise the Fund Balance, as reported in the annual financial statements. For the purpose of calculating fund balance in conjunction with GAAP, sub- funds within the General Fund may also be used (i.e., Fund 105 Measure P, Fund 111 Technology Reserve Fund , Fund 120 Fueling Stations and Fund 6 20 Sidewalk Assessment Fund).
The Annual General Fund Reserve requirement is calculated as the Total General Fund Expenditures budgeted multiplied by the Reserve Policy percentage. Surplus Reserve would be the difference between this calculation and the amount currently reflected as General Fund Reserves.
General Fund Expenditures X Reserve policy % = General Fund Reserve requirement
Budgetary Fund Balance: The General Fund Reserve and Minimum Reserve levels shall be calculated utilizing the Budgetary Fund Balance methodology. For Budgetary Fund Balance, the use of only the resources available to General Fund (100) will be used. This method shall also be used for the Measure P (Fund 105) calculation.
ANNUAL REVIEW
Each year, during the annual budget process, City Council will affirm or revise the Policy including the percentage range established by the components described herein.
Blackline to Existing Council Policy
CITY OF VICTORVILLE
COUNCIL POLICY
SUBJECT:
GENERAL FUND RESERVE POLICY
POLICY NO.: CP-23-01
(Supersedes Policy No. CP-22-02)
DATE:
March 7, 2023
BACKGROUND
Financial sustainability has been established as a City Council priority. The General Fund Reserve Policy is an important tool to help mitigate current and future risks and to ensure long-term financial planning. Sound fiscal management practices include the discipline of maintaining adequate reserve funds for known and unknown contingencies. Such contingencies and occurrences may include, but are not limited to:
10. Cash, flow requirements
11. Economic uncertainties including downturns in the local, state, or national economies
12. Local emergencies and disasters
13. Loss of major revenue sources
14. Unanticipated operating or capital expenditures
15. Uninsured losses
16. Future capital projects
17. Vehicle and equipment replacement
18. Capital asset and infrastructure repair and replacement In addition, minimum levels of reserves are important to help:
1. Insulate the city from actions of the state that may result in a reduction of revenues
2. Demonstrate creditworthiness to bond rating agencies and the financial community
3. Promote both short and long-term financial planning and stabilization
APPLICABILITY
This policy will apply to the General Fund (Fund 100), effective July 1, 2022. The General Fund is the City’s primary operating fund and accounts for all financial resources of the City, except those required to be accounted for in another fund. This policy will also apply to the Measure P general fund (Fund 105), which shall be calculated separately.
PURPOSE
The purpose of this Policy is to establish a target and minimum level of unassigned fund balance to be maintained in the General Fund.
2 POLICY
To ensure sound fiscal management, the City establishes the following General Fund balance designations and funding levels, as calculated pursuant to the Budgetary Fund Balance accounting methodology established within this policy:
4. General Fund Reserve and Measure P Reserve - Seventeen percent (17%) of the General Fund and separately, Measure P Fund annual appropriations shall be held in reserve. The General Fund appropriations calculation shall only include Fund 100. The Measure P appropriations calculation shall only include Fund 105.
5. Minimum Reserve - During times of fiscal hardship, a minimum of five percent (5%) of the General Fund and separately, Measure P Fund annual appropriations shall be maintained to provide provision for cash flow requirements, economic uncertainties, uninsured losses, local emergencies/disasters, or other unknown financial hardships.
6. Replenishment of Fund Reserves - If reserves are used below the seventeen percent (17%) level on either fund, the City Manager shall develop a plan to rebuild the reserve fund(s) to the target level. Said plan(s) shall be presented and/or updated on an annual basis for review and approval by the City Council during the annual budget review and adoption process until the fund(s) reaches the target level.
USE OF GENERAL FUND RESERVES
In the event there are unanticipated expenses or revenue shortfalls during the annual budget approval process, funds may be appropriated by the City Council from the General Fund Reserve to balance the annual operating budget. Funds may also be appropriated by the City Council in case of a local emergency/disaster or financial hardship after the annual operating budget is adopted.
CALCULATION METHODOLOGY
Governmental Accounting Standards Board (GASB) Statement No. 54 “Fund Balance Reporting and Governmental Fund Type Definitions” distinguishes the difference between the term fund balance used in accordance with Generally Accepted Accounting Principles (GAAP) and fund balance used on a budgetary basis. Fund balance is the difference between the assets and liabilities reported in a governmental fund and excludes long-term assets and long-term liabilities.
GASB Statement No. 54 defines five separate components of fund balance, each of which identifies the extent to which amounts are “spendable” as follows:
6. Nonspendable Fund Balance – Assets that cannot be readily converted to cash (i.e. a prepaid asset such as an insurance premium no t yet deducted from fund balance, but not available for appropriation)
7. Restricted Fund Balance – Assets that have externally imposed restrictions (i.e. debt service reserves)
3 8. Committed Fund Balance – City Council imposed commitment
9. Assigned Fund Balance –Restriction imposed by an official designated for that purpose (delegated by the City Council to the City Manager), but not formally restricted or committed by the City Council yet.
10. Unassigned Fund Balance – Residual balance not otherwise restricted
The above components comprise the Fund Balance, as reported in the annual financial statements. For the purpose of calculating fund balance in conjunction with GAAP, sub- funds within the General Fund may also be used (i.e., Fund 105 Measure P, Fund 111 Technology Reserve Fund , Fund 120 Fueling Stations and Fund 600 Engineering Developer Deposits 620 Sidewalk Assessment Fund).
Annual General Fund Reserve requirement is calculated as the Total General Fund Expenditures budgeted multiplied by the Reserve Policy percentage. Surplus Reserve would be the difference between this calculation and the amount currently reflected as General Fund Reserves.
General Fund Expenditures X Reserve policy % = General Fund Reserve requirement
Budgetary Fund Balance: The General Fund Reserve and Minimum Reserve levels shall be calculated utilizing the Budgetary Fund Balance methodology. For Budgetary Fund Balance, the use of only the resources available to General Fund (100) will be used. This method shall also be used for the Measure P (Fund 105) calculation.
ANNUAL REVIEW
Each year, during the annual budget process, City Council will affirm or revise the Policy including the percentage range established by the components described herein.
Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: March 7, 2023
Submitted By:
Brian Gengler, City Engineer
Subject:
Full Release of the Water, Sewer, and Drainage Labor & Material Securities for Tract Map No. 15396
Recommendation:
That the Honorable City Council approve the full release of the water, sewer, and drainage securities for Tract Map No. 15396.
Fiscal Impact:
If approved, a reimbursement of $69,014.00 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.
Strategic Plan Goal:
This item aligns with Goal E., Strategy 1. in the Strategic Plan, “Invest in Infrastructure” and “Implement the City’s Capital Improvement Program to meet community needs.” Although this is not a Capital Improvement Project, we apply the same strategy to private development projects as they are essential in meeting the community’s needs. At this time, the Developer has completed the required water, sewer, and drainage improvements for Tract Map No. 15396.
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 (Developer) and accepted cash as security for the required public improvements.
Discussion:
On September 6, 2022, the City Council approved an 80-percent reduction of the Faithful Performance securities for water, sewer, and drainage and accepted the work. Per the 3 0
0 8
Victorville Municipal Code Section 17.64.070(3), the Labor & Materials securities are to be released six months after completion and acceptance of the work. The six-month period was completed on March 6, 2023, therefore staff recommends that the Council approve of the full release for the water, sewer, and drainage Labor & Materials securities for Tract Map No. 15396.
Staff remains available to answer any questions Council may have.
Attachments: A. Vicinity Map
B. Security Tables
C. Security Deposit
Attachment A
Vicinity Map
Attachment B
Security Tables
Security Tables
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)
Developer:
Legacy Homes
1885 California St
Corona, CA 92881
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: $29,482.75 Amount of Security REMAINING: $11,793.10 Amount of Security REMAINING: $0.00 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: $37,881.25 Amount of Security REMAINING: $15,152.50 Amount of Security REMAINING: $0.00 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: $1,650.00 Amount of Security REMAINING: $660.00 Amount of Security REMAINING: $0.00 Attachment C
Security Deposit
Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: March 7, 2023
Submitted By:
John Mendiola, Finance Director / City Treasurer
Subject:
Commercial Demand Schedule No. 16
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 16 in the amount of $7,453,308.86, covering Electronic Fund Transfers No. 333529 through 333695 and Warrant No. 789105 through 789320 for 02/2/2023 through 02/16/2023 and Wire Transfer dated 02/22/2023, per the adopted budget for Fiscal Year 2022-2023 for the period covering July 1, 2022 through June 30, 2023.
Fiscal Impact:
The total fiscal impact for FY22-23 in the amount of $7,453,308.86 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. 16 Check Register Summary ATTACHMENT A:
Commercial Demand Schedule No. 16 Check Register Summary
CITY OF VICTORVILLE
Report generated: 02/16/2023 09:01 Page 1User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
333529 02/08/2023 EFT 010537 ACCO ENGINEERED SYSTEMS, 1,072.00 333530 02/08/2023 EFT 010826 AIR EXPRESSWAY TOWING, IN 150.00 333532 02/08/2023 EFT 014085 ANGELES CONTRACTOR, INC 1,036,256.54 333533 02/08/2023 EFT 018562 BEST POWER EQUIPMENT, LLC 428.44 333534 02/08/2023 EFT 019580 ASTRUM UTILITY SERVICES 16,100.00 333535 02/08/2023 EFT 007650 BAKER & TAYLOR, INC. 474.42 333536 02/08/2023 EFT 000297 BECK OIL, INC. 10,387.74
333537 02/08/2023 EFT 010668 BLX GROUP, LLC 6,000.00
333538 02/08/2023 EFT 002720 CALIFORNIA TOOL & WELDING 2,028.48 333539 02/08/2023 EFT 028287 CASTELLON, STEPHANIE 75.00 333540 02/08/2023 EFT 016230 CAVANAUGH & ASSOCIATES, P 2,500.00 333541 02/08/2023 EFT 021022 HOME EC, INC. 507,827.25
333542 02/08/2023 EFT 000677 CRAFCO, INC. 6,003.00
333544 02/08/2023 EFT 000743 DELL MARKETING L.P. 4,050.82 333545 02/08/2023 EFT 010282 DELTA DENTAL INSURANCE CO 3,216.51 333546 02/08/2023 EFT 009492 DELTA DENTAL OF CALIFORNI 32,061.51 333547 02/08/2023 EFT 012505 DESERT ENVIRONMENTAL SERV 2,505.00 333548 02/08/2023 EFT 000760 DESERT SERVICE STATION MA 374.00 333549 02/08/2023 EFT 022345 DIAMOND ENVIRONMENTAL SER 591.50 333550 02/08/2023 EFT 000826 DUNN-EDWARDS CORPORATION 1,259.15 333551 02/08/2023 EFT 019731 EL DORADO BROADCASTERS LL 160.00 333552 02/08/2023 EFT 015760 FASTENAL COMPANY 204.62
333553 02/08/2023 EFT 018275 FRANZ BOLOWICH D.O., INC. 3,250.00 333554 02/08/2023 EFT 016134 FRONTIER COMMUNICATIONS C 297.39 333555 02/08/2023 EFT 001002 G & M AUTOMOTIVE & TOWING 6,710.00 333556 02/08/2023 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 1,470.48 333557 02/08/2023 EFT 001063 GOODYEAR TIRE & RUBBER CO 1,456.33 333558 02/08/2023 EFT 001076 GRAINGER 816.05
333559 02/08/2023 EFT 003047 GRAVES & KING LLP 2,753.22 333560 02/08/2023 EFT 006269 GREEN, DE BORTNOWSKY, LLP 6,500.00 333561 02/08/2023 EFT 021387 GREEN, KYNUNULA 243.00
333562 02/08/2023 EFT 007081 SGM, INC. 49,983.50
333563 02/08/2023 EFT 001104 HAAKER EQUIPMENT CO. 1,918.02 333564 02/08/2023 EFT 021166 HARKEY, DAWN MARIE 150.00
333565 02/08/2023 EFT 025408 THE HARTFORD - PRIORITY A 748.91 333566 02/08/2023 EFT 025408 THE HARTFORD - PRIORITY A 45,747.13 333567 02/08/2023 EFT 002809 HIGH DESERT HOMELESS SERV 38,712.92 333568 02/08/2023 EFT 028225 HESPERIA OUTDOOR POWER EQ 1,865.70 333570 02/08/2023 EFT 014969 LOS ANGELES TRUCK, LLC 276.79 333571 02/08/2023 EFT 010777 ICONIX WATERWORKS (US) IN 3,811.91 333572 02/08/2023 EFT 014733 INTEGRATED ENGINEERS AND 19,300.61 333573 02/08/2023 EFT 021594 HERITAGE LANDSCAPE SUPPLY 1,467.40 333574 02/08/2023 EFT 018048 INDUSTRIAL CLERICAL RECRU 5,719.68 333575 02/08/2023 EFT 010101 LECTORUM PUBLICATIONS, IN 737.52 333576 02/08/2023 EFT 004986 LESLIE'S SWIMMING POOL SU 94.91 333577 02/08/2023 EFT 015804 MISSION AMBULANCE, INC. 107,800.00 333578 02/08/2023 EFT 017743 PULICE, SAMUEL A. 36.24
333579 02/08/2023 EFT 017470 MRC SMART TECHNOLOGY SOLU 611.69 333580 02/08/2023 EFT 001627 MUNICIPAL MAINTENANCE EQU 3,128.29 333581 02/08/2023 EFT 022232 PERMA-BOUND BOOKS 136.90
333582 02/08/2023 EFT 013165 PETE'S ROAD SERVICE 400.56 333583 02/08/2023 EFT 011299 PFT/ALEXANDER SERVICE, IN 465.00
CITY OF VICTORVILLE
Report generated: 02/16/2023 09:01 Page 2User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
333584 02/08/2023 EFT 001886 PRUDENTIAL OVERALL SUPPLY 1,637.31 333585 02/08/2023 EFT 000319 R&R INDUSTRIES, INC. 49.67 333586 02/08/2023 EFT 016281 REA'S AUTOMOTIVE INC. 4,299.08 333587 02/08/2023 EFT 024930 REFRIGERATION SUPPLIES DI 211.98 333588 02/08/2023 EFT 012308 ROADPOST USA ,INC. 133.90
333589 02/08/2023 EFT 002037 SAN BERNARDINO COUNTY 187,724.59 333590 02/08/2023 EFT 010047 SHELL ENERGY NORTH AMERIC 247,104.00 333591 02/08/2023 EFT 002123 SHERWIN WILLIAMS COMPANY 88.72 333592 02/08/2023 EFT 020203 SKANSKA USA CIVIL WEST CA 407,872.28 333593 02/08/2023 EFT 010553 SPOK, INC. 12.43
333594 02/08/2023 EFT 017269 TOWN & COUNTRY TIRE INC 1,839.90 333595 02/08/2023 EFT 022839 TRIMARK ASSOCIATES, INC. 7,458.02 333596 02/08/2023 EFT 002419 UNDERGROUND SERVICE ALERT 1,043.32 333597 02/08/2023 EFT 029118 UNITED ROTARY BRUSH CORPO 408.72 333598 02/08/2023 EFT 014536 UNITED SITE SERVICES OF C 1,425.72 333600 02/08/2023 EFT 015079 VERIZON WIRELESS SERVICES 22,473.64 333601 02/08/2023 EFT 020762 OREMOR OF VICTORVILLE, LL 1,125.57 333602 02/08/2023 EFT 008430 CALMAT COMPANY 2,913.15
333603 02/08/2023 EFT 002498 VICTOR VALLEY WASTEWATER 107,617.00 333604 02/08/2023 EFT 006861 WATER SYSTEMS CONSULTING, 11,057.50 333605 02/08/2023 EFT 002554 WAXIE SANITARY SUPPLY 2,546.99 333606 02/08/2023 EFT 022033 WOODARD & CURRAN, INC. 437,215.16 333607 02/08/2023 EFT 018845 Z GLOBAL INC. 231,970.28
333608 02/15/2023 EFT 010537 ACCO ENGINEERED SYSTEMS, 933.00 333609 02/15/2023 EFT 014638 ACCURATE OVERHEAD DOOR SY 925.81 333611 02/15/2023 EFT 019363 ALL PROPEST CONTROL SERVI 65.00 333612 02/15/2023 EFT 000165 ANIMAL EMERGENCY CLINIC 1,913.00 333613 02/15/2023 EFT 018562 BEST POWER EQUIPMENT, LLC 92.85 333614 02/15/2023 EFT 011148 APPLE VALLEY TRANSFER & S 40.00 333615 02/15/2023 EFT 003075 BABCOCK LABORATORIES, INC 378.00 333616 02/15/2023 EFT 007650 BAKER & TAYLOR, INC. 972.59 333617 02/15/2023 EFT 000297 BECK OIL, INC. 80,474.75
333618 02/15/2023 EFT 000333 BOB'S TIRE SERVICE 99.99
333619 02/15/2023 EFT 014954 BRIDGEPAY NETWORK SOLUTIO 1,946.60 333620 02/15/2023 EFT 002720 CALIFORNIA TOOL & WELDING 324.05 333621 02/15/2023 EFT 016335 CHARTER COMMUNICATION HOL 18,478.64 333622 02/15/2023 EFT 027067 COMPASS PEST MANAGEMENT I 112.00 333623 02/15/2023 EFT 015486 CONSOLIDATED ELECTRICAL D 346.90 333624 02/15/2023 EFT 000743 DELL MARKETING L.P. 8,822.71 333625 02/15/2023 EFT 005295 DOKKEN ENGINEERING 23,365.82 333626 02/15/2023 EFT 015760 FASTENAL COMPANY 259.78
333627 02/15/2023 EFT 017560 FERGUSON ENTERPRISES, LLC 182.68 333628 02/15/2023 EFT 001829 FINDAWAY WORLD, LLC 933.73 333629 02/15/2023 EFT 016767 KALMIKOV ENTERPRISES, INC 153.98 333630 02/15/2023 EFT 016263 AFECO, INC 411.94
333631 02/15/2023 EFT 011206 FLYERS ENERGY LLC 319.45
333632 02/15/2023 EFT 016134 FRONTIER COMMUNICATIONS C 407.78 333633 02/15/2023 EFT 001015 GALLS PARENT HOLDINGS, LL 3.58 333634 02/15/2023 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 679.19 333635 02/15/2023 EFT 001063 GOODYEAR TIRE & RUBBER CO 4,705.75 333636 02/15/2023 EFT 016385 GRAFXOLUTION INC 941.78
333637 02/15/2023 EFT 001076 GRAINGER 1,122.52
CITY OF VICTORVILLE
Report generated: 02/16/2023 09:01 Page 3User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
333638 02/15/2023 EFT 021256 GRIFFITH, CARLENE M. 315.00 333639 02/15/2023 EFT 001104 HAAKER EQUIPMENT CO. 4,695.09 333640 02/15/2023 EFT 021166 HARKEY, DAWN MARIE 150.00
333641 02/15/2023 EFT 018938 HARRIS & ASSOCIATES, INC. 4,535.00 333642 02/15/2023 EFT 002809 HIGH DESERT HOMELESS SERV 95,057.99 333643 02/15/2023 EFT 028225 HESPERIA OUTDOOR POWER EQ 12.90 333644 02/15/2023 EFT 000278 HI DESERT ALARM 114.45
333645 02/15/2023 EFT 021594 HERITAGE LANDSCAPE SUPPLY 2,875.98 333646 02/15/2023 EFT 018048 INDUSTRIAL CLERICAL RECRU 772.48 333647 02/15/2023 EFT 001282 INLAND KENWORTH, INC. 174.70 333648 02/15/2023 EFT 000094 KIMBALL MIDWEST 1,198.01
333649 02/15/2023 EFT 004986 LESLIE'S SWIMMING POOL SU 129.18 333650 02/15/2023 EFT 001548 MCMASTER-CARR SUPPLY CO. 646.13 333651 02/15/2023 EFT 001592 MOBILE OCCUPATIONAL SERVI 40.00 333652 02/15/2023 EFT 019967 MOJAVE AUTO COLLISION 24,697.89 333653 02/15/2023 EFT 017743 PULICE, SAMUEL A. 158.45
333654 02/15/2023 EFT 001603 MOJAVE WATER AGENCY 1,406.14 333655 02/15/2023 EFT 005602 MONTGOMERY HARDWARE CO. 8,634.77 333656 02/15/2023 EFT 016376 SHEPARD, MARSHALL 13,945.00 333657 02/15/2023 EFT 018621 NTTAMERICA SOUTIONS, INC 3,391.83 333658 02/15/2023 EFT 003523 ODYSSEY POWER CORPORATION 1,668.00 333659 02/15/2023 EFT 028213 O'REILLY AUTO PARTS 187.88 333660 02/15/2023 EFT 015663 PADILLA & ASSOCIATES, INC 11,913.93 333661 02/15/2023 EFT 001789 PARKHOUSE TIRE, INC. 389.27 333662 02/15/2023 EFT 017735 PATTERSON, PATRICK 341.03
333663 02/15/2023 EFT 021374 PENCCO, INC 6,609.28
333664 02/15/2023 EFT 025260 PENWORTHY COMPANY, THE 796.26 333665 02/15/2023 EFT 002992 PUBLIC ENTITY RISK MANAGE 464,784.25 333666 02/15/2023 EFT 013165 PETE'S ROAD SERVICE 467.55 333667 02/15/2023 EFT 017106 POUVARANUKOAH, KRIS 864.00 333668 02/15/2023 EFT 001886 PRUDENTIAL OVERALL SUPPLY 597.99 333669 02/15/2023 EFT 024930 REFRIGERATION SUPPLIES DI 791.98 333670 02/15/2023 EFT 001987 ROTARY CLUB - VICTORVILLE 161.67 333671 02/15/2023 EFT 020842 ALL PURPOSE FIRE EXT. COR 332.60 333672 02/15/2023 EFT 017661 SCHARDIJN, LISA 405.00
333673 02/15/2023 EFT 002123 SHERWIN WILLIAMS COMPANY 9.90 333674 02/15/2023 EFT 021434 SOUTH COAST, LLC 1,231.28
333675 02/15/2023 EFT 001153 DS SERVICES OF AMERICA, I 106.70 333677 02/15/2023 EFT 019341 MARTIN, ARMANDO JR. 2,000.00 333678 02/15/2023 EFT 017269 TOWN & COUNTRY TIRE INC 316.76 333679 02/15/2023 EFT 002790 TREADWELL, KENNETH R. 4,750.00 333680 02/15/2023 EFT 021297 YHBJ GROUP INC. 374.92
333681 02/15/2023 EFT 001169 AUTO PARTS DIRECT LLC 110.80 333682 02/15/2023 EFT 002419 UNDERGROUND SERVICE ALERT 1,230.80 333683 02/15/2023 EFT 014536 UNITED SITE SERVICES OF C 2,215.44 333684 02/15/2023 EFT 027706 HD SUPPLY FACILITIES MAIN 1,377.55 333685 02/15/2023 EFT 015004 U.S. DEPARTMENT OF ENERGY 7,000.19 333686 02/15/2023 EFT 020762 OREMOR OF VICTORVILLE, LL 52.15 333687 02/15/2023 EFT 008430 CALMAT COMPANY 1,581.26
333688 02/15/2023 EFT 002505 VICTORVILLE DISPOSAL, INC 1,023,320.42 333689 02/15/2023 EFT 002862 V.V. TOW, INC. 374.00
333690 02/15/2023 EFT 002498 VICTOR VALLEY WASTEWATER 1,356.62
CITY OF VICTORVILLE
Report generated: 02/16/2023 09:01 Page 4User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
333691 02/15/2023 EFT 011361 WALTERS WHOLESALE ELECTRI 988.24 333692 02/15/2023 EFT 002554 WAXIE SANITARY SUPPLY 1,189.72 333693 02/15/2023 EFT 010274 HD SUPPLY CONSTRUCTION SU 1,381.20 333694 02/15/2023 EFT 007786 WILLIAMS, MONIQUE 1,989.00 333695 02/15/2023 EFT 018845 Z GLOBAL INC. 137,769.17
789105 02/02/2023 PRINTED 002269 SUNLAND FORD 60,278.94 789106 02/08/2023 PRINTED 999973 ANGULO, LIZET 153.00
789107 02/08/2023 PRINTED 018004 AFLAC PREMIUM HOLDING 1,804.16 789108 02/08/2023 PRINTED 016435 ALLIANT INSURANCE SERVICE 1,406.37 789109 02/08/2023 PRINTED 014878 ALLTECH INDUSTRIES, INC 178.88 789110 02/08/2023 PRINTED 000191 APPLIED INDUSTRIAL TECH 109.51 789111 02/08/2023 PRINTED 013926 ARKOS FIELD SERVICES, LP 1,825.85 789112 02/08/2023 PRINTED 017968 AVCOM SERVICES, INC. 48.50 789113 02/08/2023 PRINTED 021548 BASE HILL, INC. 4,950.00 789114 02/08/2023 PRINTED 019571 MJ AUTO GLASS INC. 461.18 789115 02/08/2023 PRINTED 010670 BLUE SHIELD OF CALIFORNIA 9,686.26 789116 02/08/2023 PRINTED 017353 BOUND TREE MEDICAL, LLC 887.53 789117 02/08/2023 PRINTED 000380 BURRTEC WASTE INDUSTRIES 2,159.36 789118 02/08/2023 PRINTED 000380 BURRTEC WASTE INDUSTRIES 10,011.68 789119 02/08/2023 PRINTED 000380 BURRTEC WASTE INDUSTRIES 5,121.03 789120 02/08/2023 PRINTED 999975 ESCOBEDO CONTRERAS, MYRIA 200.00 789121 02/08/2023 PRINTED 016222 CACEO 210.00
789122 02/08/2023 PRINTED 014097 CANON SOLUTIONS AMERICA, 254.10 789123 02/08/2023 PRINTED 021825 CARPET CLUB, INC. 47,485.75 789124 02/08/2023 PRINTED 020633 CASPER, SARAH 193.45
789125 02/08/2023 PRINTED 011084 COMMERCIAL TRANSPORTATION 159.00 789126 02/08/2023 PRINTED 011084 COMMERCIAL TRANSPORTATION 5,373.24 789127 02/08/2023 PRINTED 021660 COMPUTERIZED EMBROIDERY C 215.33 789128 02/08/2023 PRINTED 020448 D'ALESIO, DEAN 462.03
789129 02/08/2023 PRINTED 010314 DAVID EVANS AND ASSOCIATE 3,155.00 789130 02/08/2023 PRINTED 020623 DIVERSIFIED GLASS, INC. 3,044.00 789131 02/08/2023 PRINTED 018020 DIXON PEST CONTROL, INC. 319.00 789132 02/08/2023 PRINTED 000946 FIRST AMERICAN TITLE COMP 1,348.00 789133 02/08/2023 PRINTED 004581 FLEETPRIDE 242.33
789134 02/08/2023 PRINTED 021776 FLYER VIEW GROUP, LLC 4,495.00 789135 02/08/2023 PRINTED 011371 GARDA CL NORTHWEST, INC. 2,874.45 789136 02/08/2023 PRINTED 005831 GARLAND, GARY M 225.00 789137 02/08/2023 PRINTED 017444 GLADWELL GOVERNMENTAL SER 600.00 789138 02/08/2023 PRINTED 019796 GLEASON, EDWARD D 241.00 789139 02/08/2023 PRINTED 019570 HARRIMAN, ROBERT 153.00 789140 02/08/2023 PRINTED 017053 HIGH DESERT LOCK & SAFE, 34.47 789141 02/08/2023 PRINTED 021441 HENRY SCHEIN, INC. 1,803.46 789142 02/08/2023 PRINTED 001155 HESPERIA HOSE SUPPLY 134.99 789143 02/08/2023 PRINTED 004021 HIGH DESERT LASER GRAPHIC 29.91 789144 02/08/2023 PRINTED 011152 HOLIDAYGOO INC. 2,094.53 789145 02/08/2023 PRINTED 017037 IDS GROUP, INC 7,578.73 789146 02/08/2023 PRINTED 001285 INLAND WATER WORKS SUPPLY 5,327.81 789147 02/08/2023 PRINTED 015332 JAM SERVICES, INC. 98,353.50 789148 02/08/2023 PRINTED 021793 JONES, DEBRA 155.00
789149 02/08/2023 PRINTED 010135 KAT EQUIPMENT LEASING INC 1,815.00 789150 02/08/2023 PRINTED 018875 KONICA MINOLTA BUSINESS S 4,150.79 789151 02/08/2023 PRINTED 018875 KONICA MINOLTA BUSINESS S 2,127.98
CITY OF VICTORVILLE
Report generated: 02/16/2023 09:01 Page 5User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
789152 02/08/2023 PRINTED 001439 LEAGUE OF CALIFORNIA CITI 33,086.00 789153 02/08/2023 PRINTED 010660 LOVELAND'S AUTOMOTIVE SER 492.64 789154 02/08/2023 PRINTED 999985 MEI, YUE WANG 271.48
789155 02/08/2023 PRINTED 000361 MARK BROWN & ASSOCIATES, 720.00 789156 02/08/2023 PRINTED 027847 MOJAVE DESERT & MTN INTEG 106,621.78 789157 02/08/2023 PRINTED 001648 NAPA AUTO PARTS 1,607.76 789158 02/08/2023 PRINTED 006330 NATIONAL AUTO FLEET GROUP 35,107.18 789159 02/08/2023 PRINTED 006330 NATIONAL AUTO FLEET GROUP 36,245.66 789160 02/08/2023 PRINTED 006330 NATIONAL AUTO FLEET GROUP 36,127.78 789161 02/08/2023 PRINTED 006330 NATIONAL AUTO FLEET GROUP 36,127.78 789162 02/08/2023 PRINTED 006330 NATIONAL AUTO FLEET GROUP 36,127.78 789163 02/08/2023 PRINTED 007044 NATIONAL CONSTRUCTION REN 1,201.32 789164 02/08/2023 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 58.11 789165 02/08/2023 PRINTED 999988 PORRAS, RAFAEL 155.00
789166 02/08/2023 PRINTED 018519 PARSONS TRANSPORTATION GR 79,877.54 789167 02/08/2023 PRINTED 021198 PRISTINE UNIFORMS 2,264.32 789168 02/08/2023 PRINTED 017936 QUILL 21.28
789169 02/08/2023 PRINTED 999990 ROJAS, HAYDEE 200.00
789170 02/08/2023 PRINTED 001910 R & R PRODUCTS, INC. 1,322.40 789171 02/08/2023 PRINTED 010689 RED HELMET TRAINING 150.00 789172 02/08/2023 PRINTED 017036 RIVERS & LANDS CONSERVANC 3,557.25 789173 02/08/2023 PRINTED 003857 ROADLINE PRODUCTS INC. 1,087.38 789174 02/08/2023 PRINTED 003150 ROBERTSON'S 2,163.49
789175 02/08/2023 PRINTED 999991 SIX BEANS COSTA MESA, INC 5,000.00 789176 02/08/2023 PRINTED 999991 STREETER, JUANITA 200.00 789177 02/08/2023 PRINTED 002037 SAN BERNARDINO COUNTY 540.00 789178 02/08/2023 PRINTED 002037 SAN BERNARDINO COUNTY 104.00 789179 02/08/2023 PRINTED 002037 SAN BERNARDINO COUNTY 3,616.00 789180 02/08/2023 PRINTED 002193 SOUTHERN CALIFORNIA MUNIC 145.00 789181 02/08/2023 PRINTED 016345 NNN INVESTMENTS INC. 49.75 789182 02/08/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 140,497.89 789183 02/08/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 250.16 789184 02/08/2023 PRINTED 020284 SOCAL PPE, LLC 271.88
789185 02/08/2023 PRINTED 011303 SPORTSENGINE, INC. 123.00 789186 02/08/2023 PRINTED 024609 STAPLES BUSINESS ADVANTAG 430.29 789187 02/08/2023 PRINTED 002236 STATE WATER RESOURCES CON 860.00 789188 02/08/2023 PRINTED 004812 STERICYCLE INC. 1,173.30 789189 02/08/2023 PRINTED 002204 SOUTHWEST GAS CORPORATION 89,078.29 789190 02/08/2023 PRINTED 013754 TURBOSCAPE, INC. 2,876.45 789191 02/08/2023 PRINTED 004009 THE VAN DYKE CORPORATION 207,324.78 789192 02/08/2023 PRINTED 021499 VISOSKY, TIMOTHY 118.07 789193 02/08/2023 PRINTED 016522 VICTOR VALLEY COLLEGE 1,250.00 789194 02/08/2023 PRINTED 021379 AMEGATEK SOLUTIONS INC. 90.00 789195 02/08/2023 PRINTED 021664 DOOR AND WINDOW GUARD, IN 1,065.76 789196 02/08/2023 PRINTED 008848 HI DESERT FIRE PROTECTION 754.86 789197 02/08/2023 PRINTED 013356 VALLEYWIDE NEWSPAPERS LLC 70.00 789198 02/08/2023 PRINTED 021799 AJA HOUSING LLC 68.09
789199 02/08/2023 PRINTED 020966 BARTON, DERRELL 48.18
789200 02/08/2023 PRINTED 021803 BSFA LLC 40.99
789201 02/08/2023 PRINTED 021802 DAVEZAN, LESLIE 48.18
789202 02/08/2023 PRINTED 021815 DO, KATHY 36.12
789203 02/08/2023 PRINTED 021812 FIDELITY NATIONAL TITLE C 100.11
CITY OF VICTORVILLE
Report generated: 02/16/2023 09:01 Page 6User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
789204 02/08/2023 PRINTED 021813 FIDELITY NATIONAL TITLE C 56.79 789205 02/08/2023 PRINTED 021805 ISBS LLC DBA EL CENTRO CO 86.74 789206 02/08/2023 PRINTED 007814 PARADISE FAMILY REALTY 35.05 789207 02/08/2023 PRINTED 021800 RIOS, JESUS B. 61.13
789208 02/08/2023 PRINTED 021806 TADESSE, MASERESHA 108.74 789209 02/08/2023 PRINTED 021809 TICOR TITLE CO 161.36
789210 02/08/2023 PRINTED 021811 TICOR TITLE CO 56.41
789211 02/08/2023 PRINTED 021476 UDC CORPORATION 415.52 789212 02/08/2023 PRINTED 021798 YOUNG, NICHELLE 15.34
789213 02/13/2023 PRINTED 021816 GEORGE CHEVROLET 77,379.31 789214 02/15/2023 PRINTED 017666 4 SEASONS ROOFING, INC 9,958.00 789215 02/15/2023 PRINTED 999973 AVILA, CYNTHIA 63.00
789216 02/15/2023 PRINTED 015507 UNIVERSAL PROTECTION SERV 25,565.77 789217 02/15/2023 PRINTED 000174 APEX RENTAL 193.88
789218 02/15/2023 PRINTED 017680 AUTOZONE, INC. 225.58
789219 02/15/2023 PRINTED 003042 APPLE VALLEY COMMUNICATIO 213.50 789220 02/15/2023 PRINTED 017968 AVCOM SERVICES, INC. 839.50 789221 02/15/2023 PRINTED 000290 BATTERY MART OF APPLE VAL 523.15 789222 02/15/2023 PRINTED 019571 MJ AUTO GLASS INC. 1,113.61 789223 02/15/2023 PRINTED 000380 BURRTEC WASTE INDUSTRIES 21,652.19 789224 02/15/2023 PRINTED 016222 CACEO 410.00
789225 02/15/2023 PRINTED 000787 DIVISION OF THE STATE ARC 1,592.29 789226 02/15/2023 PRINTED 014097 CANON SOLUTIONS AMERICA, 254.10 789227 02/15/2023 PRINTED 001162 HI-DESERT COMMUNICATIONS 380.00 789228 02/15/2023 PRINTED 003827 LAMOR RES INC. 500.00
789229 02/15/2023 PRINTED 011084 COMMERCIAL TRANSPORTATION 10,746.44 789230 02/15/2023 PRINTED 009898 CWEA 202.00
789231 02/15/2023 PRINTED 006348 DAILY JOURNAL CORPORATION 224.42 789232 02/15/2023 PRINTED 010314 DAVID EVANS AND ASSOCIATE 1,400.00 789233 02/15/2023 PRINTED 020623 DIVERSIFIED GLASS, INC. 229.00 789234 02/15/2023 PRINTED 018020 DIXON PEST CONTROL, INC. 255.00 789235 02/15/2023 PRINTED 021821 EVERETT, CHEYENNE 30.01 789236 02/15/2023 PRINTED 999978 FUDIL, EKLAS 65.00
789237 02/15/2023 PRINTED 021794 FAGRON COMPOUNDING SERVIC 498.98 789238 02/15/2023 PRINTED 020330 FENAGH, LLC 6,081.88
789239 02/15/2023 PRINTED 015258 FITZGERALD-GUTIERREZ, JEN 144.00 789240 02/15/2023 PRINTED 021347 FORENSIC ANALYTICAL CONSU 8,629.04 789241 02/15/2023 PRINTED 000975 FRANKLIN TRUCK PARTS, INC 287.64 789242 02/15/2023 PRINTED 011371 GARDA CL NORTHWEST, INC. 468.89 789243 02/15/2023 PRINTED 020634 GONZALEZ, JESUS 197.12 789245 02/15/2023 PRINTED 020948 HARPER, JAMES JR 306.00 789246 02/15/2023 PRINTED 001172 JORDAN, RICHARD 1,370.00 789247 02/15/2023 PRINTED 021481 VELASCO,JOSEPH 3,930.00 789248 02/15/2023 PRINTED 004021 HIGH DESERT LASER GRAPHIC 76.13 789249 02/15/2023 PRINTED 000833 HINDERLITER, DELLAMAS & A 13,757.23 789250 02/15/2023 PRINTED 021377 HOLLY, BROOKE DANIELLE 504.00 789251 02/15/2023 PRINTED 001285 INLAND WATER WORKS SUPPLY 532.88 789252 02/15/2023 PRINTED 014600 ITERIS 50,840.63
789253 02/15/2023 PRINTED 014207 JOHNSON, TYSON A. 420.00 789254 02/15/2023 PRINTED 015165 JUAT, JAN JORDY MATIAS 72.00 789255 02/15/2023 PRINTED 004807 KONE, INC. 350.00
789256 02/15/2023 PRINTED 018875 KONICA MINOLTA BUSINESS S 3,311.50
CITY OF VICTORVILLE
Report generated: 02/16/2023 09:01 Page 7User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
789257 02/15/2023 PRINTED 007233 KOVATCH MOBILE EQUIPMENT 259.42 789258 02/15/2023 PRINTED 009081 LEE & ASSOCIATES INLAND E 500.00 789259 02/15/2023 PRINTED 017054 LOOPNET, INC. 1,304.00 789260 02/15/2023 PRINTED 010660 LOVELAND'S AUTOMOTIVE SER 570.68 789261 02/15/2023 PRINTED 000361 MARK BROWN & ASSOCIATES, 125.00 789262 02/15/2023 PRINTED 019791 MIGUEL, NATHANIEL 383.54 789263 02/15/2023 PRINTED 021161 CAR WASH PARTNERS, INC. 828.00 789264 02/15/2023 PRINTED 001648 NAPA AUTO PARTS 7,315.58 789265 02/15/2023 PRINTED 020395 GOVERNMENTJOBS.COM, INC. 14,038.56 789266 02/15/2023 PRINTED 018455 OWENBY, MATTHEW PAUL 432.00 789267 02/15/2023 PRINTED 999988 PENDEGRAFT VICTORVILLE 8,400.00 789268 02/15/2023 PRINTED 020329 PF SERVICES, INC. 3,187.50 789269 02/15/2023 PRINTED 021198 PRISTINE UNIFORMS 383.57 789270 02/15/2023 PRINTED 014355 QUINN COMPANY 886.87
789271 02/15/2023 PRINTED 018886 RDO EQUIPMENT CO. 960.14 789272 02/15/2023 PRINTED 021817 REGIN, GERMAN 311.88
789273 02/15/2023 PRINTED 016198 RETAIL MARKETING SERVICES 335.00 789274 02/15/2023 PRINTED 003150 ROBERTSON'S 1,312.91
789275 02/15/2023 PRINTED 002746 ROTO ROOTER PLUMBERS 172.50 789276 02/15/2023 PRINTED 002037 SAN BERNARDINO COUNTY SHE 600.00 789277 02/15/2023 PRINTED 003965 SCOTT, KIMBERLIE 308.09 789278 02/15/2023 PRINTED 018370 SITEONE LANDSCAPE SUPPLY 1,121.89 789279 02/15/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 194,751.81 789280 02/15/2023 PRINTED 021567 SPORT SYSTEMS CANADA, INC 21,030.00 789281 02/15/2023 PRINTED 024609 STAPLES BUSINESS ADVANTAG 3,701.03 789282 02/15/2023 PRINTED 016341 ST. LOUIS, JOSEPH 200.00 789283 02/15/2023 PRINTED 002269 SUNLAND FORD 6,477.30
789284 02/15/2023 PRINTED 001116 TORRES, MANUEL 225.00
789285 02/15/2023 PRINTED 015840 ULTIMATE TINT & WHEEL 40.00 789286 02/15/2023 PRINTED 016520 UNITED STATES CUSTOMS AND 342.55 789287 02/15/2023 PRINTED 013359 VALLEY POWER SYSTEMS, INC 2,571.31 789288 02/15/2023 PRINTED 005896 VICTOR VALLEY HAND CAR WA 25.50 789289 02/15/2023 PRINTED 002480 VICTOR VALLEY COLLEGE FOU 5,000.00 789290 02/15/2023 PRINTED 002879 VICTOR VALLEY TRANSIT AUT 215.00 789291 02/15/2023 PRINTED 020097 WAREHOUSE-LIGHTNING.COM L 5,546.25 789292 02/15/2023 PRINTED 020943 ZOOM VIDEO COMMUNICATIONS 12,000.00 789293 02/15/2023 PRINTED 021593 ASLANYAN, ALISA 140.00 789294 02/15/2023 PRINTED 021332 BUSCH, RICK LEE 1,005.94 789295 02/15/2023 PRINTED 021840 J A RAMIREZ REVOCABLE LI 120.00 789296 02/15/2023 PRINTED 021836 CHIU, PETER 32.79
789297 02/15/2023 PRINTED 021842 CLARK, KAREN 43.93
789298 02/15/2023 PRINTED 021839 DCCM INVESTMENT CORP 40.31 789299 02/15/2023 PRINTED 003902 DING, MIN YI 105.68
789300 02/15/2023 PRINTED 021841 EISSA, VICTORIA Y 43.37 789301 02/15/2023 PRINTED 021845 FIRST AMERICAN TITLE CO 324.62 789302 02/15/2023 PRINTED 021846 FIRST AMERICAN TITLE CO 22.81 789303 02/15/2023 PRINTED 021833 FOO, SENG KA 46.43
789304 02/15/2023 PRINTED 021838 GONG, VINSON MONHONG 90.28 789305 02/15/2023 PRINTED 021835 KHATTAB, MOHAMAD 52.95 789306 02/15/2023 PRINTED 018898 LANDMARK LENDING REALTY / 78.42 789307 02/15/2023 PRINTED 021834 LIU, JIMMY & JENNY TRUST 15.34 789308 02/15/2023 PRINTED 021837 MA, AIPING 10.24
CITY OF VICTORVILLE
Report generated: 02/16/2023 09:01 Page 8User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
789309 02/15/2023 PRINTED 021843 MORALES, EDUARDO 15.34 789310 02/15/2023 PRINTED 020891 OPENDOOR LABS INC 73.57 789311 02/15/2023 PRINTED 021830 PALENCIA, ANTONIO S AND R 84.64 789312 02/15/2023 PRINTED 016130 PARKER INTEGRITY 106.70 789313 02/15/2023 PRINTED 021831 REALIVASQUEZ, YAZMIN 54.16 789314 02/15/2023 PRINTED 021828 SONICO, ART 60.65
789315 02/15/2023 PRINTED 021829 THOMPSON, MICHAEL 149.47 789316 02/15/2023 PRINTED 020809 WANG, MEI LING 46.43
789317 02/15/2023 PRINTED 021827 WHEATLEY, EDWARD J 44.00 789318 02/15/2023 PRINTED 019706 YANG, YU LAN 42.48
789319 02/15/2023 PRINTED 020022 THE GREATER HIGH DESERT C 90.00 789320 02/15/2023 PRINTED 020022 THE GREATER HIGH DESERT C 600.00 376 CHECKS CASH ACCOUNT TOTAL 7,322,924.09 .00
Wires initiated through Wells Fargo Bank
02/22/23 CFD 01-01 Spl Tax Bond, 2002 SerA Principal and Interest payment $ 15,268.75 02/22/23 CFD 01-01 Spl Tax Bond, 2005 SerA Principal and Interest payment $ 49,456.86 02/22/23 CFD 07-01 Principal and Interest payment $ 65,659.16 Total: $ 130,384.77
Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: March 7, 2023
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. 7B for Payroll Period January 06, 2023, through January 20, 2023, in the amount of $1,849,613.63 covering Check Nos. 33228 through 33251, including Vendor checks.
Please note employee Check No. 33237 has a live Check and an EFT Advice. Also included are Advice Nos. 296616 through 297088, per adopted budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).
Fiscal Impact:
A total fiscal impact of $1,849,613.63 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 012023
Attachment A
Payroll Report PPE 012023
City of Victorville Council Payroll Report 01/30/2023Page 1 of 13 City of Victorville
City Council Payroll Report
Payroll Period Beginning: January 06, 2022 through January 20, 2023 Checks
Check Number Employee ID Check Date Total Net
33228 3495 01/20/2023 $6,810.10
33229 3466 01/27/2023 $1,238.92
33230 3551 01/27/2023 $679.14
33231 3721 01/27/2023 $1,864.62
33232 3554 01/27/2023 $136.57
33233 3310 01/27/2023 $136.57
33234 3614 01/27/2023 $136.57
33235 3556 01/27/2023 $136.57
33236 3724 01/27/2023 $607.54
33237 2705 01/27/2023 $1,177.56
33238 3726 01/27/2023 $616.95
33239 3722 01/27/2023 $675.57
33240 3725 01/27/2023 $607.54
33241 3301 01/27/2023 $1,642.90
33242 3723 01/27/2023 $60.09
33243 3719 01/27/2023 $1,250.10
33244 240 01/27/2023 $5.00
33245 787 01/27/2023 $50.00
33246 1145 01/27/2023 $75.00
33247 1146 01/27/2023 $970.28
33248 1182 01/27/2023 $100.00
33249 13491 01/27/2023 $422.31
33250 18154 01/27/2023 $175.00
33251 20821 01/27/2023 $423.00
Checks Total 19,997.90
City of Victorville Council Payroll Report 01/30/2023Page 2 of 13 Advices
Check Number Employee ID Check Date Total Net
33237 2705 01/27/2023 $2,000.00
296616 3608 01/27/2023 $2,332.58
296617 1099 01/27/2023 $761.85
296618 3597 01/27/2023 $4,594.77
296619 3243 01/27/2023 $3,845.40
296620 2115 01/27/2023 $5,071.32
296621 3142 01/27/2023 $1,654.23
296622 3640 01/27/2023 $2.15
296623 3297 01/27/2023 $731.27
296624 3458 01/27/2023 $402.75
296625 3229 01/27/2023 $4,373.17
296626 3283 01/27/2023 $1,241.16
296627 1064 01/27/2023 $7,071.02
296628 3467 01/27/2023 $1,953.25
296629 1706 01/27/2023 $4,606.63
296630 2395 01/27/2023 $3,488.28
296631 3700 01/27/2023 $1,829.98
296632 3625 01/27/2023 $1,719.54
296633 3684 01/27/2023 $2,079.21
296634 2624 01/27/2023 $2,439.55
296635 3043 01/27/2023 $1,898.07
296636 3031 01/27/2023 $2,779.39
296637 1748 01/27/2023 $2,737.18
296638 2361 01/27/2023 $2,178.79
296639 3328 01/27/2023 $2,282.00
296640 3638 01/27/2023 $3,498.93
296641 3561 01/27/2023 $2,351.81
296642 1903 01/27/2023 $1,735.15
296643 3616 01/27/2023 $2,031.22
296644 3630 01/27/2023 $1,673.58
296645 3527 01/27/2023 $2,156.77
296646 2682 01/27/2023 $2,186.89
296647 2627 01/27/2023 $2,018.71
296648 2366 01/27/2023 $1,901.44
296649 3643 01/27/2023 $3,452.47
296650 2594 01/27/2023 $2,824.28
296651 3516 01/27/2023 $2,543.05
296652 3695 01/27/2023 $1,997.84
296653 2093 01/27/2023 $1,736.47
296654 3697 01/27/2023 $4,856.05
296655 1973 01/27/2023 $2,962.90
296656 2019 01/27/2023 $2,689.92
296657 3494 01/27/2023 $2,444.52
296658 2233 01/27/2023 $2,777.86
City of Victorville Council Payroll Report 01/30/2023Page 3 of 13 Check Number Employee ID Check Date Total Net
296659 2606 01/27/2023 $2,254.88
296660 3660 01/27/2023 $1,567.09
296661 3046 01/27/2023 $2,079.19
296662 1635 01/27/2023 $4,837.05
296663 3653 01/27/2023 $2,127.48
296664 3327 01/27/2023 $2,286.87
296665 3624 01/27/2023 $2,016.07
296666 3009 01/27/2023 $3,262.14
296667 2618 01/27/2023 $1,754.81
296668 3573 01/27/2023 $1,634.44
296669 2619 01/27/2023 $2,350.57
296670 2603 01/27/2023 $1,781.16
296671 2491 01/27/2023 $2,405.67
296672 2235 01/27/2023 $3,755.38
296673 2300 01/27/2023 $3,331.59
296674 2685 01/27/2023 $1,777.26
296675 3521 01/27/2023 $2,372.91
296676 3528 01/27/2023 $2,127.82
296677 3045 01/27/2023 $2,441.95
296678 3499 01/27/2023 $2,012.28
296679 3362 01/27/2023 $2,094.43
296680 2297 01/27/2023 $1,979.66
296681 2232 01/27/2023 $2,780.33
296682 1957 01/27/2023 $2,565.11
296683 3290 01/27/2023 $2,032.86
296684 3085 01/27/2023 $2,139.95
296685 3246 01/27/2023 $3,145.95
296686 2042 01/27/2023 $5,004.95
296687 3714 01/27/2023 $1,638.17
296688 2102 01/27/2023 $2,760.80
296689 2032 01/27/2023 $3,263.54
296690 3615 01/27/2023 $2,495.49
296691 2323 01/27/2023 $3,320.26
296692 1767 01/27/2023 $2,927.57
296693 3508 01/27/2023 $2,118.07
296694 3682 01/27/2023 $3,208.81
296695 2225 01/27/2023 $4,082.98
296696 3544 01/27/2023 $2,018.24
296697 3221 01/27/2023 $2,532.07
296698 1855 01/27/2023 $136.57
296699 3627 01/27/2023 $2,096.73
296700 1533 01/27/2023 $2,300.28
296701 2833 01/27/2023 $2,107.97
296702 2211 01/27/2023 $4,901.37
296703 3497 01/27/2023 $1,605.61
296704 1426 01/27/2023 $1,154.44
296705 3105 01/27/2023 $1,783.10
City of Victorville Council Payroll Report 01/30/2023Page 4 of 13 Check Number Employee ID Check Date Total Net
296706 3703 01/27/2023 $2,010.51
296707 2254 01/27/2023 $2,938.50
296708 3618 01/27/2023 $1,994.27
296709 3482 01/27/2023 $1,648.56
296710 3354 01/27/2023 $3,603.87
296711 3011 01/27/2023 $1,725.27
296712 3623 01/27/2023 $1,134.05
296713 3295 01/27/2023 $1,843.98
296714 3184 01/27/2023 $3,239.58
296715 3400 01/27/2023 $2,301.04
296716 3547 01/27/2023 $1,134.05
296717 3673 01/27/2023 $1,134.05
296718 3288 01/27/2023 $1,659.00
296719 3702 01/27/2023 $1,844.80
296720 2742 01/27/2023 $2,761.35
296721 3089 01/27/2023 $2,731.08
296722 3641 01/27/2023 $1,607.06
296723 2379 01/27/2023 $3,156.18
296724 3672 01/27/2023 $1,134.05
296725 3634 01/27/2023 $2,602.96
296726 2711 01/27/2023 $1,716.96
296727 3639 01/27/2023 $1,810.35
296728 3586 01/27/2023 $42.96
296729 3190 01/27/2023 $2,812.41
296730 2249 01/27/2023 $5,222.90
296731 3650 01/27/2023 $1,502.03
296732 3393 01/27/2023 $1,685.72
296733 3250 01/27/2023 $1,618.24
296734 3491 01/27/2023 $1,113.32
296735 3548 01/27/2023 $1,198.32
296736 3511 01/27/2023 $1,924.02
296737 3581 01/27/2023 $2,183.49
296738 3396 01/27/2023 $1,945.66
296739 3663 01/27/2023 $1,438.45
296740 3541 01/27/2023 $2,302.94
296741 2499 01/27/2023 $3,232.29
296742 3379 01/27/2023 $2,915.28
296743 3694 01/27/2023 $2,630.96
296744 2105 01/27/2023 $4,559.05
296745 3474 01/27/2023 $2,002.55
296746 2515 01/27/2023 $2,830.22
296747 3636 01/27/2023 $2,337.26
296748 2679 01/27/2023 $2,668.67
296749 3490 01/27/2023 $2,622.45
296750 3475 01/27/2023 $2,353.89
296751 2181 01/27/2023 $2,606.60
296752 3353 01/27/2023 $2,622.01
City of Victorville Council Payroll Report 01/30/2023Page 5 of 13 Check Number Employee ID Check Date Total Net
296753 3542 01/27/2023 $2,710.50
296754 1955 01/27/2023 $1,861.34
296755 1632 01/27/2023 $3,474.02
296756 3692 01/27/2023 $3,566.43
296757 3147 01/27/2023 $1,302.95
296758 3148 01/27/2023 $2,931.39
296759 3195 01/27/2023 $1,861.20
296760 3602 01/27/2023 $2,429.16
296761 1970 01/27/2023 $2,308.04
296762 1520 01/27/2023 $2,570.57
296763 2605 01/27/2023 $2,067.28
296764 3505 01/27/2023 $4,407.64
296765 2540 01/27/2023 $3,367.64
296766 2377 01/27/2023 $2,814.39
296767 1079 01/27/2023 $2,542.67
296768 2312 01/27/2023 $2,536.36
296769 3510 01/27/2023 $2,364.96
296770 3637 01/27/2023 $2,620.22
296771 1901 01/27/2023 $5,898.89
296772 3628 01/27/2023 $3,046.72
296773 3068 01/27/2023 $2,055.22
296774 3633 01/27/2023 $2,409.38
296775 3129 01/27/2023 $3,363.79
296776 1998 01/27/2023 $2,822.20
296777 2376 01/27/2023 $4,366.67
296778 2111 01/27/2023 $2,892.46
296779 3543 01/27/2023 $2,042.18
296780 3303 01/27/2023 $3,586.68
296781 3558 01/27/2023 $2,557.45
296782 1655 01/27/2023 $3,155.91
296783 3285 01/27/2023 $2,508.93
296784 1529 01/27/2023 $1,888.19
296785 3238 01/27/2023 $4,153.95
296786 3242 01/27/2023 $2,435.21
296787 3346 01/27/2023 $2,099.06
296788 1776 01/27/2023 $3,072.32
296789 3192 01/27/2023 $2,029.93
296790 2655 01/27/2023 $1,680.55
296791 2798 01/27/2023 $2,311.94
296792 2522 01/27/2023 $1,323.82
296793 3265 01/27/2023 $1,983.88
296794 1503 01/27/2023 $2,977.56
296795 1515 01/27/2023 $2,267.49
296796 2505 01/27/2023 $2,861.51
296797 3299 01/27/2023 $2,081.57
296798 3113 01/27/2023 $2,060.18
296799 1007 01/27/2023 $3,414.66
City of Victorville Council Payroll Report 01/30/2023Page 6 of 13 Check Number Employee ID Check Date Total Net
296800 2343 01/27/2023 $1,631.07
296801 3273 01/27/2023 $2,442.74
296802 3121 01/27/2023 $1,854.20
296803 1497 01/27/2023 $2,459.12
296804 3537 01/27/2023 $2,685.30
296805 2192 01/27/2023 $1,964.22
296806 3513 01/27/2023 $2,132.76
296807 3685 01/27/2023 $1,726.33
296808 2034 01/27/2023 $2,361.80
296809 2275 01/27/2023 $2,834.80
296810 3380 01/27/2023 $2,393.25
296811 3191 01/27/2023 $2,326.02
296812 2530 01/27/2023 $2,851.66
296813 3496 01/27/2023 $918.47
296814 3051 01/27/2023 $2,300.25
296815 1750 01/27/2023 $2,360.22
296816 2770 01/27/2023 $1,870.76
296817 2228 01/27/2023 $2,193.31
296818 3101 01/27/2023 $2,620.10
296819 3335 01/27/2023 $2,130.47
296820 3611 01/27/2023 $1,287.09
296821 1249 01/27/2023 $2,001.50
296822 3284 01/27/2023 $1,882.28
296823 3580 01/27/2023 $1,134.05
296824 3621 01/27/2023 $1,198.32
296825 3270 01/27/2023 $1,789.97
296826 2248 01/27/2023 $1,947.50
296827 3263 01/27/2023 $1,733.92
296828 3622 01/27/2023 $1,035.53
296829 1588 01/27/2023 $2,131.33
296830 2189 01/27/2023 $2,627.86
296831 3560 01/27/2023 $1,664.14
296832 3509 01/27/2023 $1,973.83
296833 3226 01/27/2023 $2,516.49
296834 3257 01/27/2023 $1,817.93
296835 1121 01/27/2023 $2,360.66
296836 3149 01/27/2023 $2,334.98
296837 1865 01/27/2023 $2,048.88
296838 3479 01/27/2023 $1,824.75
296839 3689 01/27/2023 $1,260.72
296840 1723 01/27/2023 $1,513.54
296841 3296 01/27/2023 $2,109.18
296842 3707 01/27/2023 $1,370.73
296843 3572 01/27/2023 $1,231.13
296844 2531 01/27/2023 $4,008.86
296845 1513 01/27/2023 $2,264.02
296846 2118 01/27/2023 $944.89
City of Victorville Council Payroll Report 01/30/2023Page 7 of 13 Check Number Employee ID Check Date Total Net
296847 3387 01/27/2023 $1,096.97
296848 3330 01/27/2023 $1,687.90
296849 2681 01/27/2023 $3,261.36
296850 2119 01/27/2023 $1,958.11
296851 1612 01/27/2023 $1,975.10
296852 1282 01/27/2023 $2,369.20
296853 3610 01/27/2023 $1,947.89
296854 3277 01/27/2023 $1,769.40
296855 3287 01/27/2023 $1,884.40
296856 3037 01/27/2023 $1,660.10
296857 1449 01/27/2023 $2,742.11
296858 3481 01/27/2023 $1,874.80
296859 2677 01/27/2023 $5,014.76
296860 3688 01/27/2023 $1,134.05
296861 3341 01/27/2023 $1,801.49
296862 1137 01/27/2023 $1,814.85
296863 2383 01/27/2023 $1,837.51
296864 3687 01/27/2023 $1,134.05
296865 3130 01/27/2023 $1,878.65
296866 2489 01/27/2023 $1,666.01
296867 3361 01/27/2023 $2,036.66
296868 3139 01/27/2023 $1,596.44
296869 3099 01/27/2023 $2,695.97
296870 2696 01/27/2023 $1,826.67
296871 1287 01/27/2023 $2,949.30
296872 3536 01/27/2023 $2,504.99
296873 1254 01/27/2023 $1,997.69
296874 3187 01/27/2023 $2,380.81
296875 2368 01/27/2023 $1,897.08
296876 3095 01/27/2023 $2,304.01
296877 3532 01/27/2023 $1,909.82
296878 3258 01/27/2023 $1,792.12
296879 3100 01/27/2023 $2,680.61
296880 3259 01/27/2023 $2,339.36
296881 3344 01/27/2023 $1,927.29
296882 1338 01/27/2023 $3,448.01
296883 3507 01/27/2023 $2,060.51
296884 2229 01/27/2023 $1,714.11
296885 1049 01/27/2023 $2,285.22
296886 1506 01/27/2023 $1,911.44
296887 1959 01/27/2023 $3,532.17
296888 3004 01/27/2023 $2,186.56
296889 1893 01/27/2023 $1,998.06
296890 3626 01/27/2023 $1,871.10
296891 1581 01/27/2023 $2,526.97
296892 1932 01/27/2023 $1,798.54
296893 3279 01/27/2023 $1,923.65
City of Victorville Council Payroll Report 01/30/2023Page 8 of 13 Check Number Employee ID Check Date Total Net
296894 2460 01/27/2023 $2,104.03
296895 3671 01/27/2023 $1,644.61
296896 3112 01/27/2023 $1,595.85
296897 2732 01/27/2023 $1,829.17
296898 2552 01/27/2023 $2,467.27
296899 2476 01/27/2023 $3,309.40
296900 2279 01/27/2023 $2,456.31
296901 3515 01/27/2023 $4,851.41
296902 3092 01/27/2023 $2,910.01
296903 3138 01/27/2023 $2,689.23
296904 3146 01/27/2023 $2,864.29
296905 2590 01/27/2023 $2,057.25
296906 2748 01/27/2023 $2,874.01
296907 3709 01/27/2023 $2,609.35
296908 2669 01/27/2023 $3,094.21
296909 2623 01/27/2023 $1,871.28
296910 2637 01/27/2023 $2,338.45
296911 3079 01/27/2023 $1,765.14
296912 2638 01/27/2023 $2,827.65
296913 3109 01/27/2023 $2,484.49
296914 2671 01/27/2023 $3,603.95
296915 3019 01/27/2023 $3,269.68
296916 2593 01/27/2023 $2,437.93
296917 3461 01/27/2023 $2,075.46
296918 2626 01/27/2023 $1,437.83
296919 3038 01/27/2023 $2,569.31
296920 3052 01/27/2023 $1,975.57
296921 2290 01/27/2023 $1,953.95
296922 3716 01/27/2023 $1,637.61
296923 3110 01/27/2023 $3,511.47
296924 2641 01/27/2023 $1,854.13
296925 2612 01/27/2023 $2,629.99
296926 3698 01/27/2023 $1,294.65
296927 2642 01/27/2023 $2,618.06
296928 3705 01/27/2023 $2,392.85
296929 3331 01/27/2023 $1,762.05
296930 2674 01/27/2023 $2,574.54
296931 3231 01/27/2023 $2,341.10
296932 3228 01/27/2023 $2,460.60
296933 2628 01/27/2023 $2,801.57
296934 2630 01/27/2023 $2,847.26
296935 3182 01/27/2023 $2,553.72
296936 2599 01/27/2023 $2,183.93
296937 2683 01/27/2023 $2,731.49
296938 2753 01/27/2023 $2,264.56
296939 2610 01/27/2023 $2,669.36
296940 3323 01/27/2023 $2,349.63
City of Victorville Council Payroll Report 01/30/2023Page 9 of 13 Check Number Employee ID Check Date Total Net
296941 1389 01/27/2023 $2,371.82
296942 3264 01/27/2023 $1,952.19
296943 2808 01/27/2023 $1,831.75
296944 2646 01/27/2023 $2,534.91
296945 3617 01/27/2023 $1,534.82
296946 2600 01/27/2023 $2,852.46
296947 2524 01/27/2023 $2,615.65
296948 2686 01/27/2023 $1,946.18
296949 2193 01/27/2023 $2,432.66
296950 3322 01/27/2023 $3,015.96
296951 3629 01/27/2023 $2,549.49
296952 3230 01/27/2023 $2,781.35
296953 1931 01/27/2023 $2,032.60
296954 2038 01/27/2023 $1,587.71
296955 2339 01/27/2023 $2,616.66
296956 2678 01/27/2023 $3,636.88
296957 3240 01/27/2023 $3,065.92
296958 3215 01/27/2023 $2,749.91
296959 3140 01/27/2023 $2,025.30
296960 3035 01/27/2023 $1,973.00
296961 3651 01/27/2023 $2,061.95
296962 3185 01/27/2023 $2,312.04
296963 1853 01/27/2023 $2,965.17
296964 3645 01/27/2023 $807.88
296965 3503 01/27/2023 $2,574.66
296966 3589 01/27/2023 $978.46
296967 3676 01/27/2023 $454.46
296968 3579 01/27/2023 $696.60
296969 3376 01/27/2023 $3,449.74
296970 3384 01/27/2023 $1,093.22
296971 3386 01/27/2023 $2,166.18
296972 2488 01/27/2023 $1,092.81
296973 3120 01/27/2023 $1,035.40
296974 3502 01/27/2023 $1,897.91
296975 3582 01/27/2023 $1,053.06
296976 3654 01/27/2023 $920.99
296977 3252 01/27/2023 $2,497.50
296978 3070 01/27/2023 $2,199.38
296979 3657 01/27/2023 $920.99
296980 1866 01/27/2023 $2,051.16
296981 3371 01/27/2023 $1,109.25
296982 3674 01/27/2023 $854.23
296983 3717 01/27/2023 $259.15
296984 3655 01/27/2023 $972.53
296985 3656 01/27/2023 $870.99
296986 2478 01/27/2023 $1,067.04
296987 3648 01/27/2023 $435.68
City of Victorville Council Payroll Report 01/30/2023Page 10 of 13 Check Number Employee ID Check Date Total Net
296988 3471 01/27/2023 $1,066.58
296989 3531 01/27/2023 $3,832.80
296990 3587 01/27/2023 $490.75
296991 3669 01/27/2023 $73.68
296992 3029 01/27/2023 $1,754.26
296993 3326 01/27/2023 $3,155.97
296994 3649 01/27/2023 $379.34
296995 3609 01/27/2023 $920.99
296996 3492 01/27/2023 $357.82
296997 3691 01/27/2023 $920.99
296998 3576 01/27/2023 $1,057.26
296999 3647 01/27/2023 $439.43
297000 3566 01/27/2023 $792.39
297001 3368 01/27/2023 $1,776.09
297002 2006 01/27/2023 $2,125.23
297003 2684 01/27/2023 $1,456.92
297004 1966 01/27/2023 $1,947.83
297005 2355 01/27/2023 $2,747.38
297006 3696 01/27/2023 $2,698.54
297007 3500 01/27/2023 $2,439.76
297008 2039 01/27/2023 $1,857.35
297009 3281 01/27/2023 $1,937.38
297010 3550 01/27/2023 $2,153.28
297011 2629 01/27/2023 $2,039.22
297012 3348 01/27/2023 $1,983.17
297013 1544 01/27/2023 $2,451.09
297014 3107 01/27/2023 $2,138.07
297015 3081 01/27/2023 $2,049.07
297016 3523 01/27/2023 $3,843.78
297017 3271 01/27/2023 $1,775.44
297018 3017 01/27/2023 $4,522.00
297019 3706 01/27/2023 $1,367.47
297020 3512 01/27/2023 $2,365.88
297021 2027 01/27/2023 $1,966.83
297022 2330 01/27/2023 $2,927.74
297023 3437 01/27/2023 $4,169.73
297024 3652 01/27/2023 $2,126.54
297025 3421 01/27/2023 $4,461.72
297026 3439 01/27/2023 $3,866.80
297027 3440 01/27/2023 $6,591.32
297028 3441 01/27/2023 $3,399.42
297029 3473 01/27/2023 $3,480.10
297030 3406 01/27/2023 $4,464.35
297031 3422 01/27/2023 $3,247.96
297032 3442 01/27/2023 $4,618.26
297033 3433 01/27/2023 $3,605.19
297034 3469 01/27/2023 $3,660.02
City of Victorville Council Payroll Report 01/30/2023Page 11 of 13 Check Number Employee ID Check Date Total Net
297035 3424 01/27/2023 $4,960.86
297036 3414 01/27/2023 $3,270.58
297037 3704 01/27/2023 $5,061.78
297038 3710 01/27/2023 $2,433.35
297039 3443 01/27/2023 $4,036.95
297040 3600 01/27/2023 $4,328.59
297041 3711 01/27/2023 $2,701.47
297042 3418 01/27/2023 $6,298.90
297043 3715 01/27/2023 $3,219.45
297044 3444 01/27/2023 $3,051.32
297045 3583 01/27/2023 $5,086.40
297046 3585 01/27/2023 $3,643.38
297047 3594 01/27/2023 $4,728.25
297048 3713 01/27/2023 $2,277.01
297049 1718 01/27/2023 $3,086.37
297050 3409 01/27/2023 $3,535.35
297051 3708 01/27/2023 $1,966.01
297052 3426 01/27/2023 $6,151.27
297053 3642 01/27/2023 $3,109.62
297054 3584 01/27/2023 $2,162.03
297055 3538 01/27/2023 $2,034.70
297056 3410 01/27/2023 $6,869.70
297057 3447 01/27/2023 $4,188.30
297058 3427 01/27/2023 $3,108.35
297059 3607 01/27/2023 $3,560.76
297060 3411 01/27/2023 $5,072.59
297061 3448 01/27/2023 $2,712.91
297062 3571 01/27/2023 $2,505.31
297063 3518 01/27/2023 $1,938.83
297064 3449 01/27/2023 $3,603.02
297065 3428 01/27/2023 $4,029.11
297066 3429 01/27/2023 $4,568.51
297067 3455 01/27/2023 $2,970.38
297068 3451 01/27/2023 $6,348.44
297069 3712 01/27/2023 $2,418.74
297070 3595 01/27/2023 $3,603.40
297071 3430 01/27/2023 $4,314.37
297072 3452 01/27/2023 $5,550.25
297073 3417 01/27/2023 $2,565.39
297074 3431 01/27/2023 $7,339.32
297075 3419 01/27/2023 $5,679.02
297076 3720 01/27/2023 $8,790.48
297077 3524 01/27/2023 $1,921.93
297078 3412 01/27/2023 $4,264.72
297079 3420 01/27/2023 $4,369.40
297080 3378 01/27/2023 $4,116.93
297081 3435 01/27/2023 $3,966.28
City of Victorville Council Payroll Report 01/30/2023Page 12 of 13 Check Number Employee ID Check Date Total Net
297082 3432 01/27/2023 $2,633.99
297083 3408 01/27/2023 $4,227.15
297084 3456 01/27/2023 $3,410.58
297085 3591 01/27/2023 $5,011.49
297086 3392 01/27/2023 $7,599.76
297087 2210 01/27/2023 $3,666.47
297088 3434 01/27/2023 $2,444.72
Advices Total 1,186,517.13
City of Victorville Council Payroll Report 01/30/2023Page 13 of 13 Electronic Vendor Payments
Vendor Check Date Total Gross
IRS 1/13/2023 $47.86
IRS 1/23/2023 $1,552.89
IRS 1/27/2023 $207,577.11
State Taxes 1/23/2023 $447.85
State Taxes 1/27/2023 $57,242.94
ExpertPay (CASDU) 1/27/2023 $4,392.35
Deferred Comp (457) 1/24/2023 $639.86
Deferred Comp (457) 1/27/2023 $71,853.57
Deferred Comp (457) 1/30/2023 $3,468.72
Deferred Comp (401a) 1/30/2023 $264.12
PERS 1/31/2023 $292,371.33
VV Firefighter's Union 1/25/2023 $3,240.00
Electronic Vendor Payments Total 643,098.60
Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: March 7, 2023
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Settlement Agreement between the City of Victorville and Michael Truong Recommendation:
That the Honorable City Council approve the Citation Settlement Agreement by and between Michael Truong and the City of Victorville in regard to Citation Nos. 30476, 29101, and 25106 and authorize the City Manager to sign the Citation Settlement Agreement.
Fiscal Impact:
The City recovered its abatement costs of $3,390.75 in December 2021. This amount was allocated to the account as reflected below:
Account No. Description Amount
1004030-44350 Code Compliance – Cost Recovery $3,390.75 The City will recover the sum of $59,920.00 within 15 days of full execution of this agreement. This amount will be allocated to the account as reflected below:
Account No. Description Amount
1004030-47140 Code Compliance – Admin Citation $59,920.00 Strategic Plan Goal:
This item aligns with Goal B in the Strategic Plan, Public Safety, implement public safety strategies to support a thriving and growing community. Enforcement of the City’s excess cannabis cultivation ordinance protects the health, welfare, and safety of the City’s residents from the public nuisance conditions associated with these properties and helps ensure properties are repaired.
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Background:
On December 17, 2019, the City of Victorville (“City”) adopted Ordinance No. 2400 amending the Victorville Municipal Code (“VMC”) to include section 13.150.060. VMC section 13.150.060 became effective on January 1, 2020 and provides an administrative citation and fine structure for excess cannabis cultivation within the City limits. The State of California allows for the cultivation of up to six (6) cannabis plants at a residential property. VMC section 13.150.060(c) prohibits cultivation of cannabis in excess of six (6) allowable cannabis plants.
In recent history, the City’s Police and Code Compliance Departments have encountered excess cannabis cultivation operations inside residential homes. A typical excess cannabis cultivation within the City has ranged from approximately 200 to 2,000 cannabis plants being cultivated inside a residential home. These excess cannabis cultivation operations result in substantial damage to the interior of the home. Although the prohibition of excess cannabis cultivation applies to commercial properties within City limits as well as homes, the majority of these types of illegal cannabis cultivation operations occur inside residential properties.
The City’s Police and Code Compliance Departments investigate excess cannabis cultivation operations. These departments issue citations to the property owner or responsible party. The City’s Building Department, along with the Police and Code Compliance Departments, work to secure the residence, record building and safety violations present at the property that are the result of the excess cannabis cultivation, stabilize the utilities, and remove the cannabis from the home. The City incurs abatement costs related to the work completed by City departments stemming from the cannabis removal and securing the residential or commercial structure.
The administrative citation and fine process defined in VMC section 13.150.060 is one way the City combats excessive cannabis cultivations within its City limits. Enforcement of the City’s excess cannabis cultivation ordinance is intended to protect the health, welfare, and safety of the City’s residents from the public nuisance conditions associated with these properties.
Discussion:
Michael Truong owns a residential property in the City of Victorville at 15035 Flamenco Place (“Property”). An excess cannabis cultivation operation was found inside the Property in February of 2020. The City issued citation No. 25106 for the violation of VMC Section 13.150.060(c). The City’s Code Compliance, Police, and Building Departments abated the dangerous conditions present at the Property. Mr. Truong was issued two citations following the first for hazardous conditions continuing at the property. The second Citation, Citation No. 30476, was issued August 2020 and the third Citation, Citation No. 29101, was issued November 2021. Pursuant to Closed Session discussions on November 1, 2022, Mr. Truong has accepted the terms of the settlement agreement wherein he will pay to the City the sum of $59,920 within 15 days of execution of this agreement and the City will waive the penalties, interests or other fees that have accrued since the issuance of the citation. Mr. Truong previously paid the City’s abatement costs 3 0
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in December of 2021. In addition, Mr. Truong has brought the subject property up to code and has finalized all of the building permits issued in connection with the renovation of the Property.
Staff and the City Attorney’s office recommend that the City Council approve and authorize the City Manager to sign the attached Citation Settlement Agreement as it is consistent with the City Council direction given during the Closed Session portion of its November 1, 2022 meeting.
Attachments: A. Citation Settlement Agreement
ATTACHMENT A
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective the day and year first written above.
CITY OF VICTORVILLE
By: __________ _
Keith Metzler
CITY MANAGER
APPROVED AS TO FORM:
By: __________ _
Joan Stevens Smyth,
Deputy City Attorney
ATTEST:
By: -----------
Jennifer Thompson, City Clerk
DEFENDANT
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Michael Truong
APPROVED AS TO FORM:
By: __________ _
Citation Settlement Agreement Page5
Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: March 7, 2023
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Settlement Agreement between the City of Victorville and Lily Xue Recommendation:
That the Honorable City Council approve and authorize the City Manager to sign the Citation Settlement Agreement by and between Lily Xue and the City of Victorville regarding Citation No. 26698 and Superior Court Case No. CIVSB2105665.
Fiscal Impact:
The City recovered part of its abatement costs of $3,234.53 in August 2020. This amount was allocated to the account as reflected below:
Account No. Description Amount
1004030-44350 Code Compliance – Cost Recovery $3,234.53 The City will recover additional administrative costs of $264.13 within 30 days of full execution of this agreement and will be allocated to the account reflected below:
Account No. Description Amount
1004030-44350 Code Compliance – Cost Recovery $264.13
The City will recover the sum of $37,940.00 in fines on the Citation payable in full within 15 days of the full execution of the attached settlement agreement. This amount will be allocated to the account as reflected below:
Account No. Description Amount
1004030-47140 Code Compliance – Admin Citations $37,940.00 3 0
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Strategic Plan Goal:
This item aligns with Goal B in the Strategic Plan, Public Safety, implement public safety strategies to support a thriving and growing community. Enforcement of the City’s excess cannabis cultivation ordinance protects the health, welfare, and safety of the City’s residents from the public nuisance conditions associated with these properties and helps ensure properties are repaired.
Background:
On December 17, 2019, the City of Victorville (“City”) adopted Ordinance No. 2400 amending the Victorville Municipal Code (“VMC”) to include section 13.150.060. VMC section 13.150.060 became affective on January 1, 2020 and provides an administrative citation and fine structure for excess cannabis cultivation within the City limits. The State of California allows for the cultivation of up to six (6) cannabis plants at a residential property. VMC section 13.150.060(c) prohibits cultivation of cannabis in excess of six (6) allowable cannabis plants.
In recent history, the City’s Police and Code Compliance Departments have encountered excess cannabis cultivation operations inside residential homes. A typical excess cannabis cultivation within the City has ranged from approximately 200 to 2,000 cannabis plants being cultivated inside a residential home. These excess cannabis cultivation operations result in substantial damage to the interior of the home. Although the prohibition of excess cannabis cultivation applies to commercial properties within City limits as well as homes, the majority if these types of illegal cannabis cultivation operations occur inside residential properties.
The City’s Police and Code Compliance Departments investigate excess cannabis cultivation operations. These departments issue citations to the property owner or responsible party. The City’s Building Department, along with the Police and Code Compliance Departments, work to secure the residence, record building and safety violations present at the property that are the result of the excess cannabis cultivation, stabilize the utilities, and remove the cannabis from the home. The City incurs abatement costs related to the work complete by City departments stemming from the cannabis removal and securing the residential or commercial structure.
The administrative citation and fine process defined in VMC section 13.150.060 is one way the City combats excessive cannabis cultivations within its City limits. Enforcement of the City’s excess cannabis cultivation ordinance is intended to protect the health, welfare, and safety of the City’s residents from the public nuisance conditions associated with these properties.
Discussion:
Lily Xue owns a residential property in the City of Victorville at 14639 Painted Pony Ct (“property”). An excess cannabis cultivation operation was found inside the property in August 2020. The City issued Citation No. 26698 for the violation of VMC section
13.150.060(c). The City’s Code Compliance, Police and Building Departments abated the dangerous conditions present at the property. Pursuant to Closed Session discussions 3 0
1 9
on September 20, 2022, Mrs. Xue has accepted the terms of the settlement agreement related to Citation No. 26698 wherein she will pay to the City the sum of $37,940.00 including outstanding cost recovery, and the City will waive the penalties, interest or other citation fees that have accrued since the issuance of the first citation. Mrs. Xue has brought the subject property up to code and has finalized all the building permits issued in connection with the renovation of the property.
Staff and the City Attorney’s office recommend that the City Council approve and authorize the City Manager to sign the attached Citation Settlement Agreement as it is consistent with the Council direction given at its September 20, 2022, Closed Session meeting.
Attachments: A. Citation Settlement Agreement
ATTACHMENT A
Citation Settlement Agreement Page 1
CITATION SETTLEMENT AGREEMENT
THIS CITATION SETTLEMENT AGREEMENT (the “Agreement”) is entered into as of February 21, 202 3 (the “Effective Date”), by and among the CITY OF VICTORVILLE, a municipal corporation, (“City”), and LILY XUE ("Defendant"). City and Defendant are collectively referred to as the "Parties", with respect to the following:
RECITALS
WHEREAS, Defendant is the owner of a residential property located at 14639 Painted Pony Court, California, 92394 (“Property”); and
WHEREAS, Defendant is the property owner and person in full charge and control of the Property; and
WHEREAS, Defendant has been issued Citation N o. 26698 (hereinafter the “Citation”) by the City of Victo rville Code Enforcement Division, for violat ing Victorville City Mun icipal Co de 1 3.150.060(c) pertaining to excess cannabis cultivation at the Property as well as ongoing property maintenance violations; and
WHEREAS, Citation No. 26698 was upheld in San Bernardino Superior Court in Case No. CIVSB2105665; and
WHEREAS, Defendant has incurred a total admini strative fines and pe nalties in the amount of fifty four thousand and two hundred dollars ($54,200.00) (the ” Citation Fine Amounts”); and
WHEREAS, the Parties believe that it is in its best interest to settle the C itation Fine Amounts pursuant to the terms of this Agreement; and
NOW THEREFORE, in cons ideration of the mutual promises and releases contained herein, and for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows:
AGREEMENT
SECTION 1. DEFENDANT’S OBLIGATIONS
1.1 Defendant shall take the following steps immediately followi ng the date of execution of this Agreement:
• Defendant agrees to pay a total sett lement amount of $37,940 (the “Settlement A mount”), which payment shall be made to the City of Victorville, through the City Clerk, within fifteen (15) days of the full execution of this Agreement.
Citation Settlement Agreement Page 2
• Defendant shall comply with all requ irements in the Notice of Violation, issued by the City of Victorville Code Enfo rcement Division, Case No. CODE20 - 001973, dated August 5, 2020.
• To the extent the Subjec t Property is leased by Defendant, D efendant shall obtain and maintain a City of Victorville Rental Property Business License.
• The Defendant and his agents shall not use or allow the Property to be used in a manner which violates Victorville Municipal Code Chapter 13.150.060(c).
SECTION 2. CITY’S OBLIGATIONS
The City upon receipt and clearance of the Settlement Amount shall immediately execute all documents necessary to release the Lien recorded against the Property on August 5, 2020.
SECTION 3. REMEDIES FOR FAILURE TO COMPLY
Defendant’s failure to comply with Section 1 of this Agreement shall entitle the City to: (1 ) initiate proceedings in Superior Court to enforce this Agreement; (2) to revoke Defendant’s Business License; and/or (3) take any other legal remedy a vailable under the law or equity to the City. In any action to enforce the terms of this Agreement, the prevailing party will be entitled to its attorneys’ fees and costs incurred.
SECTION 4. N OTICE
Any notice or comm unication required hereunder betwe en City and Defendant shall be in writing and may be given by both regular United States Mail and by certified mail, return- receipt requested. Notice or communications shall be deemed to have been given on the date of mailing. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the a ddress to which such notice or communication shall be given. N otices or communications give n directly between the p arties shall only be se nt to the ot her party. Notices or communications given by legal counsel shall only be served upon legal counsel for the other party. Such notices or communications shall be given to the parties at their respective addresses set forth below:
To City: Jorge Duran, Code Enforcement Manager
City of Victorville
14343 Civic Drive
PO Box 5001
Victorville, CA. 92393-500
Citation Settlement Agreement Page 3
To City’s Counsel: Joan Stevens Smyth, Deputy City Attorney City of Victorville
30077 Agoura Court, Suite 210
Agoura Hills, California 91301
To Defendant: Lily Xue
386 Sefton Avenue
Monterey Park, California 91755
SECTION 5. MODIFICATIONS
Neither this Agreement, nor any term or provision thereof, may be wai ved, modified, or amended except by written agreement signed by all Parties.
SECTION 6. JOINTLY DRAFTED
It is agreed to by and between the Parties that th is Agreement was joi ntly negotiated and joi ntly drafted by the Parties, and that it shall not be interpreted or construed in favor or against either par ty on the g round that said par ty drafted the Agreement. The language of this Agreement shall be construed as a whole according to its fair and logical meaning and not strictly for or against any of the Parties.
SECTION 7. RIGHT TO SEEK INDEPENDENT LEGAL COUNSEL
Each Party acknowl edges that it has had the right to retain independent legal counsel of its own choice through out all of the negotiati ons which preceded the execution of this Agreement, and t hat e ach Pa rty has executed this Agreem ent voluntarily and with a full understandi ng of each and every t erm of the Agreement whether or not with the consent and on the advice of such independent legal counsel.
SECTION 8. SEVERABILITY
If any part of this Agreement is said to be unlawful or not effective, the remainder of this Agreement shall remain in full force and effect.
SECTION 9. COUNTERPARTS
This Agreement may be executed in one or more identical counterparts, each of which shall be deemed to be an original hereof. Signatures via facsimile or otherwise transmitted electronically are authorized and shall be deemed original signatures.
SECTION 10. WAIVER
A waiver of any provision of this Agreement by any of the Parties shall not be
Citation Settlement Agreement Page 4
deemed a waiver of such provision either befor e or thereafter and shall not be deemed a waiver of any other provision of this Agreement.
SECTION 11. EFFECTIVE DATE
This Agreement shall become effective only upon its execution by each of the persons and entities set forth below and ratification of the City Council of Victorville.
SECTION 12. TIME IS OF THE ESSENCE
Time is of the essence with respect to any act or performance u nder this Agreement.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK]
Citation Settlement Agreement Page 5
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective the day and year first written above.
CITY OF VICTORVILLE
By: ____________________________
Keith Metzler
CITY MANAGER
APPROVED AS TO FORM:
By: ____________________________
Joan Stevens Smyth,
Deputy City Attorney
ATTEST:
By: ____________________________
Jennifer Thompson, City Clerk
DEFENDANT
____________________________
Lily Xue
\
Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: March 7, 2023
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Minutes of the December 13, 2022, and December 15, 2022, Special City Council Meetings and the December 20, 2022, Regular City Council Meeting Recommendation:
That the Honorable City Council approve the minutes of the Special City Council Meetings held on December 13, 2022, and December 15, 2022, and the minutes of the Regular City Council Meetings held on December 20, 2022.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Attachments: A. Minutes of the December 13, 2022, Special City Council Meeting B. Minutes of the December 15, 2022, Special City Council Meeting C. Minutes of the December 20, 2022, Regular City Council Meeting Attachment A
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
Special Meeting Minutes
Tuesday, December 13, 2022
6:00 p.m. Special Session
6:00 p.m. Special Session
Call to Order
Roll Call
Present: Council Member Becerra, Mayor Pro Tem Irving, Mayor Jones
Absent: Council Member Gomez
Also Present:
City Manager Keith C. Metzler, Deputy City Manager Sophie Smith, Deputy City Manager Jenele Davidson, City Clerk Jennifer Thompson, City Attorney Andre de Bortnowsky
Invocation: Pastor Dane Davis of Impact Christian Church
Pledge of Allegiance: Police Captain John Wickum
City Clerk Presents Agenda/Revisions to Agenda
Agenda presented with no revisions reported.
Conflict of Interest Declarations
There were no conflicts of interest reported.
Public Comments
None
WRITTEN COMMUNICATIONS
1. November 8, 2022, General Municipal Election Results
Recommendation:
That the City Council adopt Resolution No. 22- 123 declaring the results of the November 8, 2022, General Municipal Election.
Motion was made to approve staff recommendation
Moved: Council Member Becerra
Seconded: Mayor Pro Tem Irving
Motion passed 3-0
Ayes: Council Member Becerra, Mayor Pro Tem Irving, Mayor Jones
Absent: Council Member Gomez
2. Administer the Oath of Office to the following Newly Elected Council Members:
Debra Jones – District 2
Robert “Bob” Harriman – District 4
Proceeding occurred for the administration of the Oath of Office
Council Member Harriman took his seat at the dais
3. Remarks of Newly Elected Council Members
Newly Elected Council Members provided remarks
4. Appointment of Mayor and Mayor Pro Tem
Recommendation:
That Your Honorable City Council
1. Direct the City Clerk to open nominations for the office of Mayor, take nominations, announce the outcome of the vote and declare the appointment upon a majority vote of the Council;
2. The newly appointed Mayor shall preside over the process for the office of Mayor Pro Tem, unless he/she prefers the City Clerk to facilitate the appointment; and
3. Open nominations for the office of Mayor Pro Tem, take nominations , and have the City Clerk
announce the outcome of the vote and declare the appointment upon a majority vote of the Council.
City Clerk opened the nominations for the office of Mayor.
Council Member Becerra nominated Council Member Irving.
Council Member Irving accepted the nomination.
Council Member Harriman nominated Council Member Jones.
Council Member Jones accepted the nomination.
City Clerk closed the nominations for the office of Mayor.
Council Member Becerra and Council Member Irving voted for Council Member Irving.
Council Member Harriman and Council Member Jones voted for Council Member Jones Tie vote, motion fails; City Clerk opened the nominations for the office of Mayor.
Council Member Becerra nominated Council Member Irving.
Council Member Irving accepted the nomination.
Council Member Harriman nominated Council Member Jones.
Council Member Jones accepted the nomination.
City Clerk closed the nominations for the office of Mayor.
Council Member Becerra and Council Member Irving voted for Council Member Irving.
Council Member Harriman and Council Member Jones voted for Council Member Jones.
Tie vote, motion fails; item will continue to the December 20th Regular City Council meeting.
Chair Jones opened nominations for the office of Mayor Pro Tem.
Council Member Irving nominated Council Member Becerra.
Council Member Becerra accepted the nomination.
Mayor Jones nominated Council Member Harriman.
Council Member Harriman accepted the nomination.
Chair closed nominations for the office of Mayor Pro Tem.
Council Member Becerra and Council Member Irving voted for Council Member Becerra.
Council Member Harriman and Mayor Jones voted for Council Member Harriman.
Tie vote, motion fails; Chair opened the nominations for the office of Mayor Pro Tem.
Council Member Irving nominated Council Member Becerra.
Council Member Becerra accepted the nomination.
Council Member Harriman nominated Council Member Becerra.
Council Member Becerra accepted the nomination.
Mayor Jones nominated Council Member Becerra.
Council Member Becerra accepted the nomination.
Chair closed nominations for the office of Mayor Pro Tem.
Council Member Becerra,
Council Member Harriman, Mayor Pro Tem Irving, and Mayor Jones voted for Council Member Becerra.
It was declared that Council Member Becerra will hold the office of Mayor Pro Tem.
Adjournment
Mayor Jones adjourned the meeting at 6:32 p.m.
Attest:
________________________________ ____________________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk
Attachment B
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
Special Meeting Minutes
Thursday, December 15, 2022
5:00 p.m. Special Session
5:00 p.m. Special Session
Call to Order
Roll Call
Present: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
Also Present:
City Manager Keith C. Metzler, Deputy City Manager Sophie Smith, Deputy City Manager Jenele Davidson, City Clerk Jennifer Thompson, City Attorney Andre de Bortnowsky
Invocation: Mayor Jones
Pledge of Allegiance: Police Captain John Wickum
City Clerk Presents Agenda/Revisions to Agenda
Agenda presented with no revisions reported.
Conflict of Interest Declarations
There were no conflicts of interest reported.
Public Comments
None
AGENDA ITEM(S)
1. Workshop and Presentation for Public Entity Leadership
John Preston provided a presentation to the City Council on Public Entity Leadership.
Adjournment
Mayor Jones adjourned the meeting at 6:50 p.m.
Attest:
________________________________ ____________________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk
Attachment C
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 Minutes
Tuesday, December 20, 2022
6:00 p.m. Regular Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Present: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: None
Also Present:
City Manager Keith C. Metzler, Deputy City Manager Jenele Davidson, City Clerk Jennifer Thompson, City Attorney Andre de Bortnowsky
Invocation: Pastor Diondre McBride of Sunrise Church
Pledge of Allegiance: Police Captain John Wickum
Proclamations/Special Presentations
City of Victorville Industrial Waste Water Treatment Plant Annual Report Summary 2021-2022
City Clerk Presents Agenda/Revisions to Agenda
City Clerk announced three (3) revisions. Revision to agenda item 11: “Attachment B” to the AB 1600 report for Fiscal Year 2021-2022 section 4 had minor grammatical errors. Revision to agenda item 19: “Attachment B” had minor grammatical errors. Item 16 is pulled from the agenda.
Mayor Jones revised the order wherein agenda item 18 would be immediately following Public Comments.
Conflict of Interest Declarations
There were no conflicts of interest.
Introduction to Public Comments
Mayor Jones provided an opening statement regarding public comments.
Public Comments
The following people spoke:
Lydia Marsala spoke on general items
Tim Muniz spoke on general items
Janet Oliver spoke on general items
Matthew spoke on general items
Miller Marks Davidson spoke on general items
Jake Henry spoke on agenda items 18 and 19
Debbie Bennett spoke on general items
18. Appointment of Mayor
Recommendation:
That Your Honorable City Council
(1) Direct the City Clerk to open nominations for the office of Mayor, take nominations, announce the outcome of the vote and declare the appointment upon a majority vote of the Council.
City Clerk opened the nominations for the office of Mayor.
Council Member Harriman nominated Council Member Jones.
Council Member Jones accepted the nomination.
Council Member Gomez nominated Council Member Gomez.
Council Member Gomez accepted the nomination.
City Clerk closed the nominations for the office of Mayor.
Council Member Gomez voted for Council Member Gomez.
Council Member Harriman, Council Member Irving , Mayor Pro Tem Becerra, and Council Member Jones voted for Council Member Jones.
It was declared that Council Member Jones will hold the office of Mayor.
PUBLIC HEARING(S)
1. An Amendment to the City of Victorville’s General Plan with an Environmental Impact Report to update the Land Use Element, the Safety Element and the creation of a new Environmental Justice Element
Recommendation:
That the City Council conduct a public hearing, receive testimony regarding the proposed project and take the following action as recommended by the City of Victorville Planning Commission:
Adopt Resolution No. 22-124, thereby:
(1) Certifying the approval of the Final Program Environmental Impact Report (PEIR) with CEQA Findings of Fact and Statement of Overriding Considerations and a Mitigation Monitoring Program for the subject General Plan Amendment; and
(2) Adopting General Plan Amendment Case No. PLAN21-
00034 to update the Land Use
Element, the Safety Element and create a new Environmental Justice Element of the General Plan.
Questions ensued
The Chair opened the Public Hearing
There were no speakers
The Chair closed the Public Hearing
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
2. Second Reading and Adoption of City Council Ordinance No. 2433
Recommendation:
That Your Honorable City Council:
(1) Open and conduct a public hearing to receive citizen comments regarding Ordinance No. 2433 and the Municipal Code Amendments included therein; (2) Find that the action of adopting this Ordinance is not a “project” under the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15378(b)(5); and (3) Adopt, by Second Reading (by title only) Ordinance No. 2433 repealing and amending various chapters and sections of Title 8 (Fire) of the Victorville Municipal Code
Questions ensued
The Chair opened the Public Hearing
There were no speakers
The Chair closed the Public Hearing
Motion was made to approve staff recommendations
Moved: Council Member Irving
Seconded: Council Member Harriman
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
CONSENT CALENDAR
3. Victorville Water District Operating Results Report for the First Quarter of Fiscal Year 2023
Recommendation:
That the Honorable Victorville Water District Board of Directors review and file.
4. Ownership Name Change & Security Substitution for Tract Map No. 15394-2
Recommendation:
That the Honorable City Council:
(1) Enter into a Subdivision Improvement Agreement with Won Chin Chei Chen for Tract Map No. 15394-2 reflecting the ownership name change and the substitution of securities; (2) Enter into a Lien Agreement with Won Chin Chei Chen; and (3) Release the existing Subdivision Improvement Agreement and securities for said tract.
5. Full Release of Public Improvement Labor & Materials Securities for Case Nos. BLDC18-00108 and EROW20-00087
Recommendation:
That the Honorable City Council approve the full release of the Public Improvements Labor and Materials Securities for case EROW20-00087 & BLDC18-00108.
6. Reduction of Landscaping Securities for Tract Map No. 16684
Recommendation:
That the City Council:
(1) Approve an 80- percent reduction for the Landscape Maintenance Assessment District Faithful Performance Securities for Tract Map No. 16884; and (2) Accept the work for maintenance.
7. Commercial Demand Schedule No. 11
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 11 in the amount of $22,651,311.73, covering Electronic Fund Transfers No. 332619 through 332798 and Warrant No. 788241 through 788420 fo r 11/22/2022 through 12/01/2022 and Wire Transfers dated 11/28/2022 through 11/29/22, per the adopted budget for Fiscal Year 2022- 2023 for the period covering July 1, 2022 through June 30, 2023.
8. Automatic License Plate Reader Annual Report
Recommendation:
That the Honorable City Council review and file.
9. Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 4B for Payroll Period October 14, 2022, through October 28, 2022, in the amount of $1,797,622.80 covering Check Nos. 33135 through 33147, including Vendor checks. Please note employee Check No. 33136 has a live Check and an EFT Advice. Also included are Advice Nos. 293753 and 293756 through 294224, per adopted budget for Fiscal Year 2022- 2023 (period covering July 1, 2022, through June 30, 2023).
10. Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 5A for Payroll Period October 28, 2022, through November 11, 2022, in the amount of $1,871,791.39 covering Check Nos. 33148 through 33173, including Vendor checks. Please note employee Check No. 33150 has a live Check and an EFT Advice. Also included are Advice Nos. 294225 through 294691, per adopted budget for Fiscal Year 2022- 2023 (period covering July 1, 2022, through June 30, 2023).
11. Annual AB 1600 Development Impact Fee Report for Fiscal Year 2021-2022
Recommendation:
That the Honorable City Council adopt Resolution No. 22- 127 approving the annual AB 1600 Development Impact Fee Report for Fiscal Year 2021-2022
12. Settlement Agreement between the City of Victorville and John Lam
Recommendation:
That the Honorable City Council approve the Citation Settlement Agreement by and between John Lam and the City of Victorville in regard to Citation No. 25851 and authorize the City Manager to sign the Citation Settlement Agreement.
13. Minutes of the September 20, 2022, October 4, 2022, and October 18, 2022, Regular City Council Meetings
Recommendation:
That the Honorable City Council approve the minutes of the Regular City Council Meetings held on September 20, 2022, October 4, 2022, and October 18, 2022
Questions ensued
Motion was made to approve staff recommendations for Consent Calendar Items 3 through 13
Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra
Motion passed, with Council Member Gomez voting no on items 8 and 12 and Mayor Pro Tem Becerra abstaining from item 7
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez voting no on items 8 and 12
WRITTEN COMMUNICATIONS
14. Wellness Center Project - Phase 1 Supplemental Work Orders Nos. 5 and 6
Recommendation:
That the Honorable City Council approve Supplemental Work Order (SWO) Nos. 5 and 6, resulting in an increase not to exceed $213,784.73, for the Wellness Center Phase 1 construction contract.
Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
15. On Call Right of Way Acquisition and Appraisal Services
Recommendation:
That the Honorable City Council approve Amendment No. 3 to the Consultant / Professional Services Provider Agreement with Dokken Engineering, On- Call Right of Way Acquisition and Appraisal Services, increasing the not to exceed amount to $255,027.00.
Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Becerra, Mayor Pro Tem Becerra , Mayor Jones
Noes: Council Member Gomez
16. Standard Sublease Agreement for Building 676 and 717A by and between the Southern California Logistics Airport Authority and The Boeing Company
Recommendation:
That the Southern California Logistics Airport Authority (“SCLAA”) Board of Directors:
(1) Approve entering into a Standard Sublease Agreement for Building 676 and 717A (“Agreement”), by and between the SCLAA and The Boeing Company, (“Boeing”); and (2) Authorize the Airport Director to execute said Agreement.
Item was pulled from the agenda
17. Possible cancellation of a Regular City Council Meeting
Recommendation:
Any action is at the discretion of the City Council.
Questions ensued
Motion was made to cancel the January 3, 2023, meeting
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
19. Appointments to City's Committees (Local Appointments List)
Recommendation:
That the City Council:
(1) Re-affirm the appointees to the City's Committees as the term of office is coterminous with the term of office of the nominating Councilmember (Local Appointments List); and (2) Open Nominations by newly elected Council Members.
Motion was made to approve staff recommendation for 1
Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra
Comments ensued
Motion passed 5-0
Ayes: Council Member Harriman, Council Member Irving, Council Member Gomez, Mayor Pro Tem Becerra, Mayor Jones
The Chair
opened the nominations for appointees to the City's Committees (Local Appointments List) by newly elected Council Members.
Mayor Jones nominated Kimberly Mesen to the position of Planning Commissioner.
Questions ensued
Motion was made to af firm Kimberly Mesen as an appointee to the position of Planning
Commissioner
Moved: Mayor Jones
Seconded: Council Member Gomez
Motion passed 5-0
Ayes: Council Member Harriman, Council Member Irving, Council Member Gomez, Mayor Pro Tem Becerra, Mayor Jones
Council Member Harriman nominated Paul Marsh to the position of Planning Commissioner.
Motion was made to af firm Paul Marsh as an appointee to the position of Planning
Commissioner
Moved: Council Member Harriman
Seconded: Council Member Irving
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
The Chair advised the appointments to the position of Community Services Advisory Committee member would be taken up during the January 17, 2023, meeting.
Motion was made to affirm Mayor Jones as an appointee to the Community Revitalization Investment Authority
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
Motion was made to affirm Mayor Jones and Mayor Pro Tem Becerra as appointees to the Audit
Committee
Moved: Council Member Irving
Seconded: Mayor Jones
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
Motion was made to re -affirm Mayor Jones and Mayor Pro Tem Becerra as appointees to the
Community Planning and Development Grants Subcommittee
Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
20. City Council appointments to outside agencies
Recommendation:
That the City Council consider and appoint members to fill the vacant committee positions indicated in Attachment A.
Motion was made to re-appoint Mayor Jones as the primary for the Mojave Desert and Mountain Recycling Joint Powers Authority, the San Bernardino County Transportation Authority/San Bernardino Associated Government Board of Directors, the San Bernardino Transportation Authority Mountain/Desert Policy Committee, the Southern California Association of Governments General Assembly, and the Victor Valley Wastewater Reclamation Authority; and appoint Council Member Harriman as the alternate to the San Bernardino County Transportation Authority, the Mountain Desert Policy Committee, and the Victor Valley Economic Development Authority
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Motion was amended to include the re -appointment of Mayor Jones as the alternate for the League of California Cities Desert Mountain Division and the Victor Valley Transit Authority; and appoint Council Member Harriman as the alternate to CONFIRE, High Desert Corridor Joint Powers Authority, and Mojave Desert Air Quality Management District
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
Motion was made to re-appoint Keith C. Metzler as the primary member and Sophie Smith as
the alternate member to the Interagency Council on Homelessness
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
21. City Manager Reports
City Manager Keith C. Metzler recognized and thanked Fire Chief Brian Fallon for his time spent with the City.
City Manager Metzler also reported that the City was awarded 1.1 million dollars of PLHA Grant money from the State.
The mobile command center has arrived and a roadshow is being planned.
The first annual curbside Christmas tree disposal program is going to be running from January 2nd through January 13th on normal trash day pickups. There will be no additional charge.
Permits are pending for Superior Grocers that will be taking over the Victorville Galleria.
Interior shelving racks and coolers are being installed at The Dollar General on the corner of Mojave and Village Drive. They are applying for their Certificate of Occupancy, and they will be opening soon.
City Manager Keith C. Metzler wished everyone a Merry Christmas and a Happy New Year
22. Discussion and Possible Action Regarding Upcoming Agenda Items
Motion was made, for discussion and possible action, to visit an increase in the stipend for the Planning Commission by the meeting of January 17, 2023.
Moved: Council Member Harriman
Seconded: Mayor Pro Tem Becerra
Motion passed 4-1
Ayes: Council Member Harriman, Councilmember Irving, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
Motion was made to request staff to coordinate with VVWRA and create a presentation to update the Council on VVWRA and everything going on there.
Moved: Mayor Jones
Seconded: Mayor Pro Tem Becerra
Motion passed 5-0
Ayes: Council Member Harriman, Council Member Gomez, Councilmember Irving, Mayor Pro Tem Becerra, Mayor Jones
23. Reports from Council Members
Council Member Gomez reported on her involvement in the community
Council Member Irving congratulated the reappointed and newly appointed Members. She also wanted to wish everyone a Merry Christmas and a prosperous New Year.
Mayor Pro Tem Becerra discussed her involvement in the community. She also wished everyone a Merry Christmas.
Mayor Jones congratulated the newly appointed Members. She also recognized Chief Fallon for being an asset to the City and that he will be missed dearly. Mayor Jones wished everyone a Merry Christmas and Happy Holidays.
Adjournment
Mayor Jones adjourned the meeting at 8:16 p.m.
Attest:
________________________________ ____________________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk
Item Number: 9
City Council / Board of Directors
Consent Calendar
Meeting of: March 7, 2023
Submitted By:
C. Eric Ray, Airport Director
Subject:
Multiple Roof Replacements Project #CC23-066
Recommendation:
That the Southern California Logistics Airport Authority Board of Directors:
1) reject all bids received and opened for the Multiple Roof Replacements Project #CC23-066 (“Project”); and
2) direct staff to resolicit the Project.
Fiscal Impact:
There is no fiscal impact associated with this action.
Strategic Plan Goal:
Goal E. Invest in Infrastructure
Background:
The existing roof structures and drainage troughs atop Buildings 682 and 685 were installed in 1963 when the hangars were built. The drainage troughs have deteriorated and have begun to leak over the last few years. The large temperature swings between the summer and winter seasons in the Mojave Desert cause further aging issues as the metal roofs expand and contract with the weather. The continued expansion and contraction of the metal roofs over almost 60 years has caused small gaps between the metal roof and the roofing screws that allow rainwater and wind-blown dust to intrude into the hangar. Staff has exercised every feasible repair option to extend the life of these roofs and prevent leakage, with limited success. The only remaining viable option is a full-scale roof replacement.
The existing roof structure atop Building 867A has deteriorated and has needed consistent repair over the last few years. The roof is approximately 4000 square feet and is composed of a patchwork of three different roofing materials; metal, rubber, and rolled 3 0
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asphalt shingle. Harsh weather conditions have deteriorated the rubber and shingle surface. The fascia boards and flashing have also rotted which has allowed water to infiltrate beneath the roof membrane and produce multiple roof leaks. Staff has exercised every known repair option to extend the life of these roofs and prevent leakage, with limited success. The only remaining viable option is a full-scale roof replacement.
The existing roof structures atop Buildings 732, 733, 738, 739, and 744 have deteriorated and have needed consistent repair over the last few years. Each roof is composed of up to three layers of roofing materials that have been added on top of the old roofs during the past few decades. Harsh weather conditions have deteriorated the fascia boards and flashing, which has allowed water to infiltrate beneath the roof membrane and produce multiple leaks. Staff has exercised every known repair option to extend the life of these roofs and prevent leakage, with limited success.
Discussion:
Staff has determined that the appropriate long term solution for Buildings 867A, 732, 733, 738, 739, 744, is to utilize a Spray Polyurethane Foam (“SPF”) roofing system.
SPF roof systems are durable, long lasting, and provide some of the highest insulation values. With proper maintenance SPF roofs are expected to remain functional for many decades. Staff can recoat SPF roofs with elastomeric coating to provide a fresh seal every 10 years, which further extends the life of the SPF roof for a fraction of the cost of replacing the roof with other roofing systems. SPF systems provide an energy efficient roof solution because the foam and coatings reflect a significant amount of heat energy away from a building instead of transferring it into the building. Furthermore, SPF systems do not allow water, ice, or dust to intrude into tiny crevices in the roof.
Staff has determined that the appropriate long-term solution for the metal roofs on Buildings 682 and 685 is a two-component urethane protective base coat. The base coat material is designed to adhere to a primer on the metal roof deck and provide a high- performance membrane that seals and protects the metal roof deck from water, ice, and dust. An elastomeric coating is applied over the base coat to provide protection to the base coat from ultraviolet light and hail.
The Project requires the skill of an experienced, licensed contractor competent in the installation of these types of modern roofing materials. Staff conducted a formal, competitive bid solicitation in compliance with City Municipal Code §2.28.210 for the purpose of procuring an appropriate contractor to perform the work. A Notice Inviting Bids was published on January 04, 2023. The bid solicitation was posted on the City and ebidboard websites to ensure the opportunity reached as many bidders as reasonably possible. A mandatory pre-bid meeting and job walk was conducted on January 10, 2023.
Bids were due on February 09, 2023 at 2:30 pm, at which time the Authority Secretary publicly opened all sealed bids received. The bids received are summarized as follows:
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Company: Location: Bid:
All Seasons Insulation San Bernardino, CA $559,651.00
Universal Coatings
Cook Coatings
Western Pacific
Brazos Urethane
Fresno, CA
Temecula, CA
Palmdale, CA
Madera, CA
$652,000.00
$662,995.00
$710,150.00
$933,200.00
Each bid submission was carefully reviewed by staff and significant cost differences were discovered between bidders. Staff discovered that the scope of work for the largest portion of the Project lacked a specified material application rate. This omission resulted in bidders issuing bids based on different material application rates for the largest roofs, which resulted in significant cost differences between bids.
Staff recommends that the Southern California Logistics Airport Authority Board of Directors (1) reject all bids in accordance with Municipal Code 2.28.220 and (2) direct staff to resolicit the Project with an enhanced scope of work to include the desired application rates for all materials involved. Staff is confident that this action will result in a more competitive bid environment and roof systems that are expected to endure the harsh desert weather for many decades to come.
Staff remains available for any questions or comments you may have.
CER/see
Attachments: Attachment A – Site Map
ATTACHMENT A
Attachment A Site Map
Item Number: 10
City Council / Board of Directors
Written Communications
Meeting of: March 7, 2023
Submitted By:
Sophie Smith, Deputy City Manager
Josie, Trevino, Human Resources Officer
Subject:
Benefits Resolution No. 23-014 and Table of Organization Recommendation:
That the Honorable City Council adopt Benefits Resolution No. 23-014, revising the Table of Organization and Compensation Schedule, effective March 7, 2023.
Fiscal Impact:
The two new positions being requested will be funded with the existing Measure P Full- Time Wages budget previously approved for FY22-23.
Strategic Plan Goal:
This item is consistent with Strategic Plan Goal “G,” “Organizational Effectiveness and Sustainability” in that the organizational structure must be reviewed and evaluated regularly, and revised accordingly, to maximize organizational effectiveness and sustainability.
Discussion:
During the past eight months, staff has taken several items related to salary and benefits to the Victorville City Council for approval. Those approved items are listed below and are being incorporated into the Mid-Year Table of Organization and Benefits Resolution.
Those items are detailed below. Additionally, two positions have been added to the Fire Department to strengthen the structure of the department and in turn improve the services to our community. The Engineering and City Manager’s Departments are adding one position and deleting one position. Additionally, several departments have recommended title changes. (Please see Attachment A - Summary of Changes to the Table of Organization).
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Changes to Personnel:
The total authorized full-time positions increased from 516 to 518 positions, reflecting a net increase of two positions.
Changes to Salary:
(1) On June 7, 2022, the Victorville City Council adopted Ordinance No. 2428, amending Section 2.16.20, of Chapter 2.16 of the Victorville Municipal Code (“City Council Compensation”) thereby adjusting the salaries of the members of the Victorville City Council. Each member of the City Council shall receive as salary the sum of One Thousand Two Hundred dollars ($1,200.00) per month.
(2) On November 15, 2022, the Victorville City Council adopted Resolution No. 22- 121, approving range changes for Fire Mechanic, Senior Fire Mechanic, and Lead Mechanic as follows:
Title From Range To Range
Fire Mechanic 25 31
Senior Fire Mechanic 31 34
Lead Mechanic 35 36
Changes to Benefits:
(1) On October 4, 2022, the Victorville City Council adopted Resolution No. 22- 096, providing overtime pay for 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 was recommended by staff in order to remain competitive in the industry. The language from Resolution No. 22-096 has been incorporated into the updated Benefits Resolution that is attached, with one additional revision. The paragraph below in italics has been added to provide additional clarification regarding overtime for the two Battalion Chiefs assigned to a 9/80 work schedule, in an effort to clarify their eligibility for overtime when covering a suppression shift, which falls outside of their regular assignments.
The Battalion Chief/Deputy Fire Marshal and the Battalion Chief assigned to the Training Division will continue to be eligible for Executive Leave under Rule IV, Section 5 of the City's Personnel Rules and Regulations for extra hours worked beyond their 9/80 work schedule and directly related to their primary assignments. However, if either position works beyond their primary assignment to cover as Battalion Chief over a suppression shift, or assists on incidents, the City will compensate such hours as overtime at a rate which will be one and one-half times the Battalion Chief’s base hourly rate based on a 56 hour workweek.
(2) On November 1, 2022, the Victorville City Council adopted Resolution No. 22- 119, reintroducing the Sick Leave Yearly Payoff Program for part-time employees, which was approved in FY 21-22 for both non-represented full-time and non- represented part-time employees, but was inadvertently excluded from Resolution 2 9
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No. 22-068 which established the FY 22-23 employee salary and benefits schedule.
The program contains the following provisions:
• Non-represented full-time employees who maintain a minimum of 144 hours and have completed 5 years of full-time continuous service with the City of Victorville will be able to receive a payoff of their accrued sick leave hours. The maximum payoff cannot exceed 144 hours, every December, beginning December 2021. The payoff will be based on the scale reflected below.
• Non-represented part-time employees who maintain a minimum of 72 hours and have completed 5 years of part-time continuous service with the City of Victorville will be able to receive a payoff of their accrued sick leave hours. The maximum payoff cannot exceed 72 hours, every December, beginning December 2021. The payoff will be based on the scale reflected below:
Sick Leave Accrued
as of Date of Termination
Cash Payment of hours
of Accrued Sick Leave
240 hours or less 35%
241 to 320 hours 40%
321 to 400 hours 45%
401 to 480 hours 50%
481 to 560 hours 55%
561 to 640 hours 60%
641 to 720 hours 65%
721 to 800 hours 70%
801 to 880 hours 75%
881 to 960 hours 80%
961 to 1,040 hours 85%
1,041 to 1,120 hours 90%
1,121 to 1,200 hours 95%
1,201 hours and above 100%
(3) There are additional updates to the Deferred Compensation section of the Benefits Resolution. The maximum amounts allowable effective January 1, 2023 have been added. Additionally, the language regarding existing Employer Contributions to deferred compensation for certain Fire department positions has been updated to provide greater clarification to the grandfathering of existing recipients into the prior structure.
Staff is requesting your favorable consideration on this item and remains available for any questions or comments.
.
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Attachments: A. Summary of Changes to the Table of Organization B. Benefits Resolution No. 23-014 and Table of Organization C. Part-time Table of Compensation.
Attachment A
Summary of Changes to the Mid‐Year Table of Organization Fiscal Year 2022‐2023
NO. TITLE RANGE NO. TO TITLE TO RANGE
BUILDING DEPARTMENT
TITLE CHANGE: 1
-1 BUILDING & FIRE OFFICIAL 66 1 BUILDING OFFICIAL 66
CITY MANAGER DEPARTMENT
TITLE CHANGE: 1
-1 MANAGEMENT SPECIALIST 35 1 STRATEGIC COMMUNICATIONS SPECIALIST 35 TITLE CHANGE / RANGE CHANGE: 1
-1 DEPUTY CITY CLERK 29 1 ASSISTANT CITY CLERK 35
SALARY CHANGE: 1
1 CITY COUNCIL MEMBER FROM $943 TO $1,200 PER MONTH
ENGINEERING DEPARTMENT
TITLE CHANGE / RANGE CHANGE: 1
-1 SURVEY TECHNICIAN 28 1 ASSISTANT CITY SURVEYOR 41
FINANCE DEPARTMENT
TITLE CHANGE: 4
-1 FINANCE MANAGER 52 1 PURCHASING MANAGER 52
-1 FINANCE SPECIALIST 35 1 PAYROLL SPECIALIST 35
-2 FINANCE TECHNICIAN 29 2 PAYROLL TECHNICIAN 29
FIRE DEPARTMENT
ADDED: 2
1 DEPUTY CHIEF OF OPERATIONS 59
1 BATTALION CHIEF 56
TITLE CHANGE: 1
-1 ASSISTANT DIRECTOR OF FIRE 59 1 DEPUTY CHIEF OF ADMINISTRATION 59
INFORMATION TECHNOLOGY DEPARTMENT
TITLE CHANGE: 3
-1 GIS TECHNICIAN 27 1 IT TECHNICAL WRITER 27
-1 TECHNOLOGY COORDINATOR 39 1 DATABASE ADMINISTRATOR 39 -1 TECHNOLOGY COORDINATOR 39 1 BUSINESS INTELLIGENCE DEVELOPER 39
PUBLIC WORKS & WATER DEPARTMENT
RANGE CHANGE: 3
1 FIRE MECHANIC 25 31
1 LEAD MECHANIC 35 36
1 SENIOR FIRE MECHANIC 31 34
2 NEW POSITIONS
3 RANGE CHANGES
10 TITLE CHANGES
2 TITLE CHANGE/RANGE CHANGE
1 SALARY CHANGE
518 AUTHORIZED POSITIONS
CITY OF VICTORVILLE
SUMMARY OF CHANGES TO THE MID-YEAR TABLE OF ORGANIZATION FISCAL YEAR 2022-2023
Resolution 23-14 Mid-Year 2022-2023 Table of Organization Page 1 of 11
RESOLUTION NO. 23-014
A RESOLUTION OF THE CITY COUNCIL OF THE CI TY OF VICTORVILLE AMENDING THE TABLE OF
ORGANIZATION, FIXING THE RATES OF COMPENSATION, AND ESTABLI SHING FRINGE BENEFITS FOR
NON-REPRESENTED FULL-TIME EMPLOYEES OF THE CITY OF VICTORVILLE INCLUDED IN RESOLUTION NUMBER 22-068 AND SUBSEQUENT AMENDMENTS.
WHEREAS, copies of said Table of Organization, Rates of Compensation, and Fringe Benefits relating to an appropriation of funds at the City of Victorville were prepared and distribut ed to the City Council, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville.
NOW, THEREFORE, THE CITY COUNCIL OF THE CI TY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the Table of Organization for Mid-Year 2022- 2023 is hereby revised. A total of 518 full-time positions on such revised Table of Organization are authorized to be fill ed in accordance with the Personnel Ordinance of the City of Victorville. The salaries and compensation of officers and employees of the City of Victorville shall be established as provided in said Personnel Ordinanc e for the salary ranges to which position is assigned by this Benefit Resolution for Mid-Year 2022-2023.
NO. POSITION RANGE NO. POSITION RANGE
2 ACCOUNTANT 40 7356 8941 18 FIRE ENGINEER FE 7096 8711 6 ADMINISTRATIVE ANALYST 41 7540 9165 2 FIRE INSPECTOR 30 5746 6985 3 ADMINISTRATIVE SECRETARY 29 5606 6814 1 FIRE INSPECTOR II 35 6501 7903 1 AIRPORT BUSINESS ANALYST 41 7540 9165 1 FIRE MECHANIC 31 5890 7159 1 AIRPORT DIRECTOR 66 13978 16990 1 FIRE PLAN CHECKER 42 7728 9394 1 AIRPORT LEASING COORDINATOR 35 6501 7903 24 FIREFIGHTER PARAMEDIC FFPM 6850 8411 1 AIRPORT MAINTENANCE SUPERVISOR 37 6831 8303 1 FLEET ADMINISTRATIVE TECHNICIAN 27 5336 6486 7 AIRPORT MAINTENANCE WORKER 18 4273 5193 1 FLEET MANAGER 52 9893 12025 1 AIRPORT OPERATIONS & FACILITIES MANAGER 52 9893 12025 1 FLEET SUPERVISOR 40 7356 8941 3 AIRPORT OPERATIONS OFFICER 23 4834 5876 1 GAS OPERATIONS SUPERINTENDENT 45 8322 10116 1 AIRPORT OPERATIONS SUPERVISOR 37 6831 8303 1 GIS COORDINATOR 39 7176 8723 1 AIRPORT SPECIALIST 35 6501 7903 1 GIS MANAGER 52 9893 12025 1 AIRPORT TECHNICIAN 29 5606 6814 1 GIS TECHNICIAN 27 5336 6486 2 ANIMAL CARE & CONTROL SUPERVISOR 40 7356 8941 1 HOMELESSNESS SOLUTIONS COORDINATOR 42 7728 9394 1 ANIMAL CONTROL LEAD OFFICER 35 6501 7903 1 HOMELESSNESS SOLUTIONS MANAGER 52 9893 12025 5 ANIMAL CONTROL OFFICER 30 5746 6985 2 HUMAN RESOURCES ANALYST 41 7540 9165 2 ANIMAL CONTROL TECHNICIAN 27 5336 6486 1 HUMAN RESOURCES COORDINATOR 39 7176 8723 1 ASSISTANT CITY CLERK 35 6501 7903 1 HUMAN RESOURCES OFFICER 66 13978 16990 1 ASSISTANT CITY ENGINEER 59 11759 14293 1 HUMAN RESOURCES SPECIALIST 35 6501 7903 1 ASSISTANT CITY PLANNER 59 11759 14293 1 IT TECHNICAL WRITER 27 5336 6486 1 ASSISTANT CITY SURVEYOR 41 7540 9165 1 LEAD ACCOUNT CLERK 28 5469 6648 1 ASSISTANT DIRECTOR OF FINANCE 59 11759 14293 1 LEAD ELECTRICIAN 38 7001 8510 1 ASSISTANT DIRECTOR OF HUMAN RESOURCES 59 11759 14293 1 LEAD LINE LOCATOR 28 5469 6648 2 ASSISTANT DIRECTOR OF PUBLIC WORKS & WATER 59 11759 14293 2 LEAD MECHANIC 36 6664 8100 1 ASSISTANT DIRECTOR OF UTILITIES 59 11759 14293 2 LIBRARY COORDINATOR 27 5336 6486 6 ASSISTANT ENGINEER I 41 7540 9165 1 LIBRARY MANAGER 52 9893 12025 2 ASSISTANT ENGINEER II 45 8322 10116 1 LINE LOCATOR 25 5079 6173 1 ASSISTANT PLANNER 37 6831 8303 9 MAINTENANCE LEAD WORKER 28 5469 6648 1 ASSISTANT TO THE CITY MANAGER 59 11759 14293 1 MAINTENANCE SUPERVISOR 40 7356 8941 1 ASSOCIATE CIVIL ENGINEER 51 9651 11731 46 MAINTENANCE WORKER 18 4273 5193 2 ASSOCIATE PLANNER 44 8119 9869 3 MANAGEMENT SPECIALIST 35 6501 7903 1 BATT CHIEF-DEPUTY FIRE MARSHAL 56 10920 13273 6 MANAGEMENT TECHNICIAN 29 5606 6814 4 BATTALION CHIEF 56 10920 13273 1 MARKETING TECHNICIAN 29 5606 6814 1 BILLING TECHNICIAN 29 5606 6814 1 MECHANIC 23 4834 5876 1 BUILDING OFFICIAL 66 13978 16990 12 OFFICE ASSISTANT 17 4168 5067 2 BUILDING INSPECTOR 35 6501 7903 1 PARKS SUPERVISOR 40 7356 8941 1 BUSINESS INTELLIGENCE DEVELOPER 39 7176 8723 1 PAYROLL SPECIALIST 35 6501 7903 1 BUYER 33 6188 7522 1 PAYROLL SUPERVISOR 40 7356 8941 1 CHILDREN'S LIBRARIAN 27 5336 6486 2 PAYROLL TECHNICIAN 29 5606 6814 1 CITY CLERK 66 13978 16990 5 PERMIT TECHNICIAN 27 5336 6486 5 CITY COUNCIL MEMBER 1200 1 PLAN CHECKER 35 6501 7903 1 CITY ENGINEER 66 13978 16990 1 PUBLIC INFORMATION OFFICER 66 13978 16990 1 CITY MANAGER 23658 1 PUBLIC WORKS & WATER DIRECTOR 66 13978 16990 1 CITY PLANNER 66 13978 16990 4 PUBLIC WORKS INSPECTOR 35 6501 7903 1 CITY SURVEYOR 50 9416 11445 2 PUBLIC WORKS MANAGER 52 9893 12025 3 CODE COMPLIANCE TECHNICIAN 27 5336 6486 2 PUBLIC WORKS SUPERVISOR 40 7356 8941 3 CODE ENFORCEMENT OFFICER I 30 5746 6985 1 PUBLIC WORKS TECHNICIAN 29 5606 6814 11 CODE ENFORCEMENT OFFICER II 35 6501 7903 1 PURCHASING MANAGER 52 9893 12025 1 CODE ENFORCEMENT OFFICIAL 66 13978 16990 1 REAL ESTATE SPECIALIST 38 7001 8510 3 CODE ENFORCEMENT SUPERVISOR 42 7728 9394 1 RECREATION MANAGER 52 9893 12025 1 COMMUNITY RELATIONS SPECIALIST 35 6501 7903 2 RECREATION SUPERVISOR 37 6831 8303 1 COMMUNITY SERVICES COORDINATOR 27 5336 6486 1 RISK MANAGER 52 9893 12025 1 CONTRACT SPECIALIST 35 6501 7903 1 SCADA COORDINATOR 42 7728 9394 1 CROSS CONNECTION COORDINATOR 35 6501 7903 16 SECRETARY 21 4601 5593 1 CROSS CONNECTION TECHNICIAN 31 5890 7159 8 SENIOR ACCOUNT CLERK 24 4955 6023 1 CUSTOMER SERVICE LEAD REPRESENTATIVE 28 5469 6648 1 SENIOR ADMINISTRATIVE ANALYST 47 8744 10628 12 CUSTOMER SERVICE REPRESENTATIVE 20 4489 5456 1 SENIOR AIRPORT MAINTENANCE LEAD WORKER 32 6037 7338 1 DATABASE ADMINISTRATOR 39 7176 8723 1 SENIOR AIRPORT MAINTENANCE WORKER 22 4716 5733 1 DEPUTY CHIEF OF ADMINISTRATION 59 11759 14293 1 SENIOR AIRPORT OPERATIONS OFFICER 27 5336 6486 1 DEPUTY CHIEF OF OPERATIONS 59 11759 14293 1 SENIOR BUILDING INSPECTOR 42 7728 9394 1 DEPUTY CITY CLERK 29 5606 6814 2 SENIOR CIVIL ENGINEER 55 10653 12949 2 DEPUTY CITY MANAGER 73 16616 20196 2 SENIOR CUSTOMER SERVICE REPRESENTATIVE 24 4955 6023 1 DEVELOPMENT SPECIALIST 35 6501 7903 2 SENIOR EQUIPMENT OPERATOR 27 5336 6486 1 DEVELOPMENT TECHNICIAN 29 5606 6814 1 SENIOR FIRE MECHANIC 34 6343 7710 1 DIRECTOR OF COMMUNITY SERVICES 66 13978 16990 3 SENIOR MAINTENANCE LEADWORKER 32 6037 7338 1 DIRECTOR OF ELECTRIC UTILITY SERVICES 66 13978 16990 22 SENIOR MAINTENANCE WORKER 22 4716 5733 1 DIRECTOR OF FINANCE 66 13978 16990 6 SENIOR MECHANIC 29 5606 6814 1 DIVISION CHIEF DC 11257 13683 2 SENIOR PLAN CHECKER 42 7728 9394 1 ECONOMIC DEVELOPMENT MANAGER 52 9893 12025 2 SENIOR PLANNER 50 9416 11445 1 ECONOMIC DEVELOPMENT TECHNICIAN 27 5336 6486 2 SENIOR TRAFFIC SIGNAL MAINTENANCE TECHNICIAN 33 6188 7522 2 ELECTRIC DISTRIBUTION SPECIALIST 33 6188 7522 2 SENIOR WATER DISTRIBUTION LEAD WORKER 36 6664 8100 1 ELECTRICAL TECHNICIAN ASSISTANT 31 5890 7159 10 SENIOR WATER DISTRIBUTION WORKER 23 4834 5876 1 ELECTRICIAN 33 6188 7522 1 SENIOR WATER SUPPLY LEAD OPERATOR 38 7001 8510 1 EMERGENCY MANAGEMENT COORDINATOR 45 8322 10116 8 SENIOR WATER SUPPLY OPERATOR 29 5606 6814 1 EMS ADMISTRATIVE TECHNICIAN 27 5336 6486 1 SIGN TECHNICIAN 24 4955 6023 1 EMS MANAGER 52 9893 12025 1 STRATEGIC COMMUNICATIONS SPECIALIST 35 6501 7903 1 EMS SPECIALIST 35 6501 7903 4 SWEEPER OPERATOR 24 4955 6023 1 ENFORCEMENT MANAGER 52 9893 12025 4 TECHNOLOGY COORDINATOR 39 7176 8723 2 ENGINEERING LEAD WORKER 28 5469 6648 2 TECHNOLOGY MANAGER 52 9893 12025 1 ENVIROMENTAL PROGRAMS COMPLIANCE INSPECTOR 30 5746 6985 1 TECHNOLOGY OFFICER 66 13978 16990 1 ENVIROMENTAL PROGRAMS SPECIALIST 35 6501 7903 4 TECHNOLOGY TECHNICIAN 27 5336 6486 1 ENVIROMENTAL PROGRAMS TECHNICIAN 29 5606 6814 1 TRAFFIC MAINTENANCE SUPERVISOR 40 7356 8941 1 ENVIRONMENTAL PROGRAMS COORDINATOR 43 7921 9628 2 TRAFFIC SIGNAL MAINTENANCE TECHNICIAN 28 5469 6648 1 ENVIRONMENTAL PROGRAMS MANAGER 52 9893 12025 1 UTILITY DISTRIBUTION SUPERINTENDENT 45 8322 10116 6 EQUIPMENT OPERATOR 24 4955 6023 3 VEHICLE SERVICE WORKER 18 4273 5193 1 EXECUTIVE ASSISTANT TO THE CITY MANAGER 40 7356 8941 1 WAREHOUSE CLERK 20 4489 5456 1 EXECUTIVE ASSISTANT TO THE DEPUTY CITY MANAGER 37 6831 8303 2 WAREHOUSE TECHNICIAN 23 4834 5876 1 FACILITIES MANAGER 52 9893 12025 2 WATER CONSERVATION SPECIALIST 30 5746 6985 2 FINANCE ANALYST 47 8744 10628 4 WATER DISTRIBUTION LEAD WORKER 28 5469 6648 1 FINANCE MANAGER 52 9893 12025 2 WATER DISTRIBUTION SUPERVISOR 40 7356 8941 2 FINANCE SPECIALIST 35 6501 7903 11 WATER DISTRIBUTION WORKER 19 4380 5323 3 FINANCE SUPERVISOR 40 7356 8941 2 WATER MANAGER 52 9893 12025 3 FINANCE TECHNICIAN 29 5606 6814 2 WATER RESOURCES SUPERVISOR 40 7356 8941 18 FIRE CAPTAIN FC 8278 10163 1 WATER SAMPLING & COMPLIANCE COORDINATOR 35 6501 7903 1 FIRE CHIEF 66 13978 16990 2 WATER SUPPLY LEAD OPERATOR 32 6037 7338 1 WATER SUPPLY SUPERVISOR 42 7728 9394
518 NUMBER OF AUTHORIZED FT POSITIONS
CITY OF VICTORVILLE
MID-YEAR 2022-2023 TABLE OF ORGANIZATION
Revised and adopted by the City of Victorville Council as of March 7, 2023
MONTHLY
SALARY
MONTHLY
SALARY
STEP STEP STEP STEP STEP
Range 1 2 3 4 5
17 4168 4377 4596 4826 5067
18 4273 4486 4711 4946 5193
19 4380 4598 4828 5070 5323
20 4489 4713 4949 5197 5456
21 4601 4831 5073 5327 5593
22 4716 4952 5200 5460 5733
23 4834 5076 5330 5596 5876
24 4955 5203 5463 5736 6023
25 5079 5333 5599 5879 6173
26 5206 5466 5739 6026 6328
27 5336 5603 5883 6177 6486
28 5469 5743 6030 6332 6648
29 5606 5886 6181 6490 6814
30 5746 6034 6335 6652 6985
31 5890 6184 6494 6818 7159
32 6037 6339 6656 6989 7338
33 6188 6498 6822 7164 7522
34 6343 6660 6993 7343 7710
35 6501 6826 7168 7526 7903
36 6664 6997 7347 7714 8100
37 6831 7172 7531 7907 8303
38 7001 7351 7719 8105 8510
39 7176 7535 7912 8308 8723
40 7356 7724 8110 8515 8941
41 7540 7917 8312 8728 9165
42 7728 8115 8520 8946 9394
43 7921 8317 8733 9170 9628
44 8119 8525 8952 9399 9869
45 8322 8738 9175 9634 10116
46 8530 8957 9405 9875 10369
47 8744 9181 9640 10122 10628
48 8962 9410 9881 10375 10894
49 9186 9646 10128 10634 11166
50 9416 9887 10381 10900 11445
51 9651 10134 10641 11173 11731
52 9893 10387 10907 11452 12025
53 10140 10647 11179 11738 12325
54 10394 10913 11459 12032 12633
55 10653 11186 11745 12333 12949
56 10920 11466 12039 12641 13273
57 11193 11752 12340 12957 13605
58 11472 12046 12648 13281 13945
59 11759 12347 12965 13613 14293
60 12053 12656 13289 13953 14651
61 12355 12972 13621 14302 15017
62 12663 13297 13961 14660 15393
63 12980 13629 14311 15026 15777
64 13305 13970 14668 15402 16172
65 13637 14319 15035 15787 16576
66 13978 14677 15411 16181 16990
67 14328 15044 15796 16586 17415
68 14686 15420 16191 17001 17851
69 15053 15806 16596 17426 18297
70 15429 16201 17011 17861 18754
71 15815 16606 17436 18308 19223
72 16210 17021 17872 18765 19704
73 16616 17446 18319 19235 20196
FF 6850 7240 7630 8021 8411
FE 7096 7499 7903 8307 8711
FC 8278 8750 9221 9692 10163
DC 11257 11820 12411 13031 13683
Resolution 22-068 Fiscal Year 2022-2023 Table of Organization Page 3 of 11
CITY OF VICTORVILLE
MID-YEAR YEAR 2022-2023 TABLE OF COMPENSATION - MONTHLY RATE OF PAY Revised and adopted by the City of Victorville Council as of March 7, 2023 Resolution 23-14 Mid-Year 2022-2023 Table of Organization Page 4 of 11
SECTION 2. FRINGE BENEFITS - The following is provided as an overview and should not be considered as a complete description of benefits. The fr inge benefits for the City of Victorville full-time employees effective July 1, 2022, unless otherwise specified, through June 30, 2023, shall be:
Annual Vacation Leave - All full-time employees shall earn annual vacation credits accrued bi-weekly in the beginning of the years listed below and are authorized to accumulate vacation leave credits as follows:
Years of Full-Time
Employment
Annual Vacation Hours
Earned
Hours Earned Per Pay
Period (26 pay periods
per year)
Maximum Vacation
Accrual Hours
0-5 80 3.08 160
6-10 120 4.62 240
11-15 160 6.15 320
16+ 200 7.69 400
Full-time employees are eligible to use annual leave time as it accrues. Effective January 1, 2012, accruals will be earned every pay period. (See City of Victorville Personnel Rules, Rule X, Sections 1 and 2.)
Sick Leave – Accrued at the rate of 3.7 hour s per pay period for all probationar y and full-time employees, for a total of 96 hours per year.
Healthy Workplaces/Healthy Families Act of 2014 Paid Sick Leave – A part-time employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the beginning of employment is entitled to paid sick leave. Paid sick leave accrues at the rate of one hour per every 30 hours work ed, paid at the employees’ regular wage rate. Accrual shall begi n on the first day of employment. Accruals may be capped at 48 hours or 6 days.
Families First Coronavirus Response Act (FFCRA) Sick Leave Conversion:
Any COVID-19 sick leave hours provided under The Families First Coronavirus Response Act (FFCRA) not used by employees by December 31, 2020, have been converted to paid time off hours. The c onverted paid time off hours will be available from January 1, 2021 to June 30, 2023. These hours are not subj ect for a payout and shall be scheduled with the employee’s supervisor or Department Head, taking into consider ation the request of the employee and the work demands of the department. Approval by the Department Head prior to taking this time off is required.
Sick Leave Yearly Payoff - Non-represented full-time employees who maintain a minimum of 144 hours and have completed 5 years of full-time of continuous service with t he City of Victorville will be able to receive a payoff of their accrued sick leave hours. The maximum payof f cannot exceed 144 hours, every December, beginning December 2021.
Resolution 23-14 Mid-Year 2022-2023 Table of Organization Page 5 of 11
Non-represented part-time employees who maintain a minimum of 72 hours and have completed 5 years of part- time continuous service with the City of Victorville will be able to receive a payoff of their accrued sick leave hours.
The maximum payoff cannot exceed 72 hours, every December, beginning December 2021.
The sick leave payoff will be based on the following scale:
Sick Leave Accrued as of
Date of Termination
Cash Payment of hours
of Accrued Sick Leave
240 hours or less 35%
241 to 320 hours 40%
321 to 400 hours 45%
401 to 480 hours 50%
481 to 560 hours 55%
561 to 640 hours 60%
641 to 720 hours 65%
721 to 800 hours 70%
801 to 880 hours 75%
881 to 960 hours 80%
961 to 1,040 hours 85%
1,041 to 1,120 hours 90%
1,121 to 1,200 hours 95%
1,201 hours and above 100%
Upon completion of five (5) years of continuous service, sick leave payout upon separation of service or termination is calculated according to the above formula, pursuant to Resolution 09-103.
Holidays
Day Date Holiday
Monday 4-Jul-22 Independence Day
Monday 5-Sep-22 Labor Day
Friday 11-Nov-22 Veterans Day
Thursday 24-Nov-22 Thanksgiving Day
Friday 25-Nov-22 Day after Thanksgiving Day
Friday 23-Dec-22 Christmas Eve Holiday
Monday 26-Dec-22 Christmas Holiday (Observed)
Friday 30-Dec-22 New Year's Eve Holiday
Monday 2-Jan-23 New Year's Day Holiday
Monday 16-Jan-23 Martin Luther King, Jr. Day
Resolution 23-14 Mid-Year 2022-2023 Table of Organization Page 6 of 11
Monday 20-Feb-23 President's Day
Monday 29-May-23 Memorial Day
Monday 19-Jun-23 Juneteenth National Independence Day
1 Floating Holiday
Total of 14 Holidays
Note: Actual holidays vary each year. Three days in Dece mber are designated as per manent Cost of Living Adjustment (COLA) reduction days and applied to the December holiday sc hedule. Actual COLA reduction days taken are based on individual department needs and must be taken within 30 days. Days off during the December holidays shall not be prorated for any employee hired after January 1, 2023.
Floating Holiday may be taken in conjunction with another holiday, vacation, or sick leave day. No partial holiday may be taken. Floating Holiday may be ta ken after six months of service.
Premium Holiday Pay- Based on the approved holidays in this se ction and excluding the floating holiday, nonexempt, full-time, non-represented employees who are eligible for paid holidays but who are required to work on a company holiday will be paid at one and one-half times their regular rate of pay for the hours worked in addition to holiday pay. Part-time employees who are required to work on an approved company holiday will be eligible to receive one and one-half times their regular rate of pay for the hours worked.
Stability Pay – Non-represented employees will receive stability pay , starting after 10 year s of part-time or full- time service or the combination of the two with the City of Victorville, during the last pay period of the fiscal year, beginning on July 2023, based on the following scale:
Years of Service Amount
10 - 14 $500
15 - 19 $1,000
20 + $1,500
Executive Leave – Provided to Department Heads, Assistant Department Heads, and other designated staff, based on the City Manager’s evaluation of the amount of time worked. Adva nce written approval by the City Manager is required. (See Administrative Policy D-1.)
Compensatory Time – Employees eligible for compensatory time may accrue such time, up to the limit of 80 hours for full-time employees. Compensatory time may not be earned until 40 hours have been worked in a workweek.
Compensatory time earned after 40 hours in a workweek are earned at one and one-half rates. It is the employee’s choice whether to receive compensatory time or overtime pay. Part-time employees and Safety Shift Personnel are not eligible for compensatory time.
Retirement – Effective July 1, 2015, the City ceased to pay the 8.0% employee share of contributions to the California Public Employees’ Retirement System (CalPERS). The City ceased to report the Employer Paid Member Contributions (EPMC) to PERS as spec ial compensation. The City shall parti cipate in the CalPERS replacement benefit plan or equivalent. The City provides all full-ti me employees 4th level 1959 Survivor’s Benefits.
Resolution 23-14 Mid-Year 2022-2023 Table of Organization Page 7 of 11
For full-time employees and Council Members hired on or after January 1, 2013, CalPERS contributions will be implemented according to the Public Employees’ Pension Reform Act of 2013 (PEPRA) AB 340 and AB 197.
Council Members have the option to elect membership to CalPERS.
Miscellaneous Classic Formula: Member formula: 2.5% @ 55 Employees pay CalPERS 8% employee contribution.
Miscellaneous PEPRA Formula: Member formula 2.0% @ 62 Employee will pay the statutorily mandated employee contribution rate of one half of the total normal cost.
Safety Classic Formula: Member fo rmula: 2% @ 50 Employee pay CalPERS 9% employee contribution. Safety PEPRA Formula: Member formula 2.7% @ 57. Employee will pay the statutorily mandated employee contribution rate of one half of the total normal cost.
Deferred Compensation –As of January 1, 2023, full- time employees shall be e ligible to transfer up to $22,500 of annual salary per year into a City-approved Deferred Compensation Plan; full-time employees 50 years of age and above are allowed a catch-up provisi on of $7,500. An additional standard provision is available to full-time employees who are planning on retiring within three y ears. Under this provision funds not utilized may be contributed the year prior to retirement. Deferred Compensation funds may be accessed through a loan program.
A 401(a) Defined Contribution Plan is available for new full-time employees who may elect an employee contribution, under Section 401(a) of the Internal Revenue Code. The plan document allows a 60-day period for the individuals to make an election from the initial date of hire. Pursuant to Federal Regulations, effective December 31, 2009, existing full-time employees may not enroll or modify an existing 401(a) plan.
Employer contributions will not be offered in any new re cruitments effective July 1, 2022. Employees receiving employer contributions toward defer red compensation prior to July 1, 2022, will be grandfather ed into the pre- existing deferred compensation structur e, and will continue to receive the employer contribution offered for the following non-represented classifications (should the grandf athered employee maintain continuous employment with the City and receive a promotion to a higher positi on) : Fire Chief $800, Division Chief $750, Battalion Chief $750, Fire Marshal $750.
Retirement Medical Coverage – City employees and Council Members who meet CalPERS’s requirements and retire simultaneously with the City of Victorville are considered City retirees.
The City shall be responsible for retir ees’ (beginning with eight years of service) medical insurance premium as follows:
Years of Service 25 + 20-24 15-19 8-14
City Paid 100% 75% 50% 25%
Retirees must have been previously enro lled in medical coverage, for twelve consecutive months, in the City’s medical insurance plan at time of retirement to be e ligible to receive the medi cal reimbursement based on the above table.
For early retirees under age 65 - Payment is based on the single-party rate of the medical options available through the City’s insurance plan, not to exceed $900 per month.
Resolution 23-14 Mid-Year 2022-2023 Table of Organization Page 8 of 11
For retirees age 65 and over – Payment is based on availa ble Medicare Supplemental options single-party rate, available through the City’s insurance plan, not to exceed $900 per month.
Retirees age 65 and over must be enrolled with Medicare Part A (Hospital) and Part B (Medical) in order to be eligible for a retiree medical plan offered through the City.
Retirees may continue dental and vision insurance coverage at their own expense.
Retirees must have been previously enro lled in medical coverage, for twelve consecutive months, in the City’s medical insurance plan at time of retirement to be eligible to receive the one time pay-off option.
Effective February 11, 2000, an employee may opt for a one time pay-off, at the time of retirement, in lieu of monthly medical retirement benefits. This shall be paid on a pro-rated basis, contingent upon years of service described in the chart below.
Years of Service 25 + 20-24 15-19 8-14
City Paid 100% 75% 50% 25%
Pay-off Amount $18,800 $15,039 $11,278 $7,522
These amounts may change annually, based on the CPI applied to the City employees’ wages.
Medicare - Employees hired after April 1, 1986, shall contribute 1.45% of their base salary as a matching share of contribution to provide Medicare coverage, available upon retirement, based on Social Security Administration guidelines.
Fringe – The amount of $900 per month is provided by the City for health, dental, and vision coverage for all non- represented full-time employees and Council Members. Married couples who are both full-time employees with the City may utilize the full fringe each for family medical, dental and vision. If e ligible family members are enrolled, they must be enrolled in the same coverage as elect ed by the employee. The maxi mum cash back benefit for employees and Council Members waiving medical benefits is $400 per month. Employees and Council Members may purchase dental and vision coverage with this amount. Any remaining balance may be deposited into a flexible spending account or included as taxable income on their paychecks. Flexible spending accounts are provided for pre-tax deposits to cover expenses for health care and/or dependent day care. The City is responsible for the monthly administrative fee associated with the health care and dependent day care plans.
Additionally, full-time employees who enroll in medical, dental and vision plans and are paying out-of-pocket, the City will subsidize 50% of the total out -of-pocket cost up to $500 per month. This subsidy does not apply to Council Members or retirees.
Workers' Compensation Program – Insurance provided by the City for wo rk-related injuries occurring to the employee during the course of employment. (See City of Victorville Personnel Rules, Rule X, Section 4.) (See Family and Medical Leave Act Policy No. B-25)
Employee Assistance Program – The City provides for a confidentia l counseling program for employees and eligible dependents.
Resolution 23-14 Mid-Year 2022-2023 Table of Organization Page 9 of 11
Unemployment Insurance – May provide income for the employee if laid off or involuntarily terminated for reasons other than misconduct.
Life insurance - Group term life insurance and accidental death and dismemberment insurance is paid by the City at the rate of .162 per thousand dollars of base sa lary and is rounded to the near est $1,000. For Full- time employees, the benefit is one times annual salary, to a maximum of $250,000. A maximum of $10,000 life insurance policy is paid by the City for Council Members.
Short-Term Disability (STD) Insurance – Full-time employees shall contribute .61% per $100 of monthly salary.
Employee premiums are post-tax; ther efore, benefits will not be taxed upon receipt of payment. Employees may be eligible to receive disability payments after 7 days of missed work, and benefits shall continue for 13 weeks for a qualifying illness or injury. STD pays 60 % of employees’ weekly base pay, with a minimum of $50 per week, up to a maximum of $1,600 per week. Part-tim e employees are not eligible. (See Ci ty of Victorville Personnel Rules, Rule X, Section 12.) (See Family and Medical Leave Act Policy No. B-25).
Long-Term Disability – The City provides coverage for full-time employees after 90 days of disability. The City’s premium is $.70 per $100 of monthly salary and covers 66.67% of employees’ monthly salary. Minimum of $50 per month to a maximum of $5,000 per month.
Paid Parental Leave - Non-represented full-time and part-time employees are eligible for up to four (4) weeks of paid maternity/paternity/adoption leave. Paid Parental Leave (PPL) is co mpensated at 60% of the employee’s weekly earnings and must be coordinated with sick and/or annual leave accruals, accordingly. Paid Parental Leave may not be used in conjunction with short-term disability benefits.
Paid Parental Leave is associated with the birth of an em ployee’s own child or the placement of a child with the employee in connection with adoption. The purpose of paid parental leave is to enable the employee to care for and bond with a newborn or a newly adopted child. Paid Parent al Leave may be taken within the first year of the employee’s child's arrival by birth or adoption. This leave is not subject for an extension or a payout.
If both parents are employees, both may access the paid benefits of this policy. This policy will run concurrently with Family and Medical Leave Act (FMLA) leave, as applicable. In order to be eligib le to take Paid Parental Leave, a full-time employee must have been employed with the City for at least 12 months and have passed probation. A part-time employee must have 12 months of continuous service. Additiona lly, the employee must have worked at least 1,250 hours during the 12 consec utive months immediately preceding the date the leave would begin, (Temporary employees, interns, planning commissioners, and council members are not eligible for this benefit).
Safety shoes - All employees, with the exception of Safety Personnel, who are required to wear safety shoes, shall receive $225 reimbursement per fiscal year. Employees may purchase multiple pair of shoes so long the allowance is not exceeded. Exceptions are gover ned by Administrative Policy No. G-7.
Uniforms - Payment for non-safety uniform service shall not exceed $174 per year per employee for those employees required to wear uniforms. Reimbursement to Victorville Muni cipal Utilities Service employees who maintain their own uniforms, due to specialized uniforms and handling, shall not exceed $300 per year.
Resolution 23-14 Mid-Year 2022-2023 Table of Organization Page 10 of 11
The following non-represented Victorville Fire Department Positions will receive uniform allowance as follows:
Division Chief, Battalion Chief, Battalion Chief / Deputy Fire Marshal, EMS Manager $75.00 per month. Emergency Management Coordinator, Fire Inspector II, EMS Specialist, Fire Inspector $37.50 per month.
Per CalPERS PEPRA legislation passed January 1, 2013, Uniform allowance is not pensionable for PEPRA CalPERS members.
Stand-by Pay – Available to qualified full-time non-safety and non-exempt regular employees who are required to be immediately available for duty. Employees called to work while on St and-by will be paid at a rate of $300 per week plus their regular rate of pay for the hours actually worked, subject to FLSA overtime provisions.
Bilingual Pay – Upon the recommendation of the Department Head and based on the need of the Department, full-time and part-time employees who are proficient in speaking a qualified foreign language shall receive $50.00 per month of additional pay as a bilingual pay incentive. To be eligible, personnel must pass the City’s written and oral exam. Currently the qualif ied foreign language is Spanish.
Tuition Reimbursement – Available to full-time regular employees, after one year of full-time service. All courses taken for reimbursement must be approved by the Department Head and the Personnel Officer prior to the beginning of the course. Courses eligible fo r reimbursement must be job related and toward a related degree. Tuition reimbursement will include any associated fees includi ng books, permits and other required fees (excluding shipping costs) up to a maximum of $3,000 per fiscal year based on prior approval by the Department Head and Personnel Officer. The Tuition Reimbursement program may be suspended if allocated funds are exhausted and/or if the Council chooses not to allocate the funds necessary to continue the program in any particular fiscal year due to budget constraints. (See Tuition Reimbur sement Administrative Policy No: B-31)
Work Week – Full-time non-safety employees will work a 40-hour week schedule. All Safety non-shift employees will work a 40-hour week schedule.
Work schedules:
The work schedule effective July 13th, 2019 will be a 9/80 schedule, whereby all full-time employees will work 40 hours per week. Exceptions to the 9/80 schedule may be approved by the City Manager if it is determined that it is in the best interest of the City. T he work week begins each Friday at 12:01pm and ends each Friday at 12:00pm, with the exception of certain Library Staff, Airport Field Operations Worker s, VMUS Field Operations Workers, Community Services Park Maintenance Workers, Code En forcement Officers, Engineering Traffic Field Workers and Animal Control Officers, who will have a work week beginning each Saturday at 12:00am and ending each Friday at 11:59pm.
Overtime will be calculated for all non-exempt empl oyees, who exceed 40 total actual hours worked over a consecutive 168 hours or 7 days (per FLSA) between these times, excluding Safety Shift Personnel.
For all non-exempt, employees, including Safety Shift Personnel, only hours actually worked will be counted when calculating overtime pay. Approved paid leave shall not be considered as time worked for the purpose of computing the total number of hours worked in the work period. Overtime is calculated pursuant to federal law.
Resolution 23-14 Mid-Year 2022-2023 Table of Organization Page 11 of 11
Per Resolution No. 22-096, any overtime pay provided to the Battalion Chiefs is a benefit provided pursuant to this resolution and is not required under t he FLSA; and thus, the City will compens ate Battalion Chiefs' overtime at a rate which will be one and one-half times the Battalion Chief's base hourly rate.
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.
Extra hours actually worked in a pay period will be co mputed 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 Resolution No. 22-096 for further illustration.
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.
Time spent in meetings and trainings outside the Ba ttalion Chiefs' regularly scheduled assignments, as pre- approved by the Fire Chief, will be compensated at the overtime rate.
The Battalion Chiefs will no longer qualify for Executive Leave under the Rule IV, Section 5 of the City's Personnel Rules and Regulations.
The Battalion Chief/Deputy Fire Marshal and the Battalion Ch ief assigned to the Training Division will continue to be eligible for Executive Leave under Rule IV, Section 5 of the City's Personnel Rule s and Regulations for extra hours worked beyond their 9/80 work schedule and directly related to their primary assignments. However, if either position works beyond their primary assignment to cover as Battalion Chief over a suppression shift, or assists on incidents, the City will compensat e such hours as overtime at a rate which will be one and one-half times the Battalion Chief’s base hourly rate based on a 56 hour workweek.
City of Victorville Fire Department Additional Compensation – Included in Memorandum of Understanding in effect May 17, 2022, through May 16, 2027.
Attachment C
Mid-Year 2022-2023 Part-Time Table of Compensation
CITY OF VICTORVILLE
MID-YEAR 2022-2023 PART-TIME TABLE OF COMPENSATION
Title Salary Range Current Hourly Rate Hourly Rate Effective 7-1-22 Aquatic Aide M $15.00 $16.50
Recreation Leader I M $15.00 $16.50
Lifeguard 1 $16.25 $17.88
Senior Recreation Leader 1 $16.25 $17.88
Senior Lifeguard 2 $17.50 $19.25
Administrative Intern 2 $17.50 $19.25
Library Aide 2 $17.50 $19.25
Recreation Specialist 3 $19.00 $20.90
Pool Manager 3 $19.00 $20.90
Library Clerk 4 $21.00 $23.10
Office Aide 4 $21.00 $23.10
Maintenance Aide 5 $22.00 $24.20
Vehicle Service Worker - PT 5 $22.00 $24.20
Library Technician 6 $23.25 $25.58
Engineering Intern 6 $23.25 $25.58
Recreation Supervisor - PT 10 $40.05 $44.06
Assistant Engineer - PT 20 $70.00 $77.00
Item Number: 11
City Council / Board of Directors
Written Communication
Meeting of: March 07, 2023
Submitted By:
Brenda Hampton, Director of Electric Utility Services
Subject:
Update to the Victorville Municipal Utility Services Energy Efficiency Program Recommendation:
That the Honorable City Council adopt Resolution No. 23-012, amending and supplementing Resolution No. 19-019, to provide further incentives to VMUS’ customers to implement improvements using the Energy Efficiency Program.
Fiscal Impact:
There is no fiscal impact associated with this action.
Strategic Plan Goal:
This item aligns with Goal C, Community and Economic Development. Updates to the program will make it more attractive for VMUS customers to apply, reducing their demand and saving money on their electric and/or gas costs. It also encourages current and future customers to do business in Victorville, therefore promoting Economic Development.
Background:
On June 19, 2014, Resolution 14-040 adopted an Energy Efficiency (“EE”) Program for Victorville Municipal Utility Services (“VMUS”). The EE program authorized Public Purpose Program surcharges collected to be used solely for the purpose of funding eligible programs, projects and activities in accordance with the California Public Utilities Code sections 385(a) for electricity and 890(a) for natural gas. Eligible programs, projects and activities include renewable products and technologies and/or cost-effective energy efficiency, conservation and research and development projects and activities that provide a public benefit for VMUS customers.
Since the inception of the EE Program, the categories were developed to assist our customers and VMUS with a cost-effective way to implement projects that will contribute 2 8
7 1
to the statewide goal of reducing greenhouse gas emissions as established by the California Air Resources Board.
VMUS periodically conducts a comprehensive review of its EE program and recently noted that updates were required to further encourage VMUS’ customer participation and improve the potential for additional energy efficiency savings.
Discussion:
The proposed Energy Efficiency (EE) Program contained in Exhibit A of Resolution 23- 012 outlines the terms and conditions under which VMUS customers may receive services and rebates/incentives for the installation of eligible energy savings measures, equipment or systems, and under which VMUS may receive direct funding for eligible projects and activities that benefit VMUS customers through improved safety, system integrity, energy efficiency, conservation and/or research and development.
The last update of the EE Program was in 2019. Since that time, material costs have risen significantly. The proposed updates to the program will address this cost increase and provide greater incentive for customers to implement energy efficiency improvements in their facilities.
The EE Program includes the following categories: Energy Audits; Lighting Incentives; Construction Incentives; Custom Energy Efficiency Incentives; City Owned Facilities Incentives; and Utility-Side Projects / Activities.
The Lighting Incentive would increase from $0.10/kWh to $0.15/kWh for each kWh (usage), and the total maximum allowed rebate will increase from $15,000 to $50,000 for the installation of energy efficient lighting/lighting controls. Total payment shall not exceed 50% of the lighting material cost (including installation), or $50,000 per fiscal year, whichever is lower.
The Construction Incentive would increase from $0.10/kWh to $0.15/kWh for each kWh (usage) that has been reduced, $150/kW for each kW (demand) that has been reduced, and $2/therm for each therm that has been reduced. Previously, the payment for the Construction Incentive was based on 25% of the cost difference between standard and upgraded equipment and/or materials, or $50,000, whichever was lower. The payment will now be based on a 50% cost difference or $100,000, whichever is lower.
The Custom Energy Efficiency Incentives would increase from $0.10/kWh to $0.15/kWh and from $0.525/therm to $2/therm for one year of energy savings and from $100/kW to $150/kW for each kW (demand) that has been reduced.
All payments issued under the program are limited to the availability of funds on a fiscal year basis. Individual customers may not receive EE program incentives in excess of $100,000 during any given fiscal year, increased from $50,000, if Resolution No. 23-012 2 8
7 1
is adopted. Installed equipment must be new with a useful life of at least five (5) years, and all customer accounts must be in good standing to be eligible to participate.
As drafted, the terms and conditions for the EE Program authorize the City Manager or designee to perform all acts required to administer/implement the EE Program and actions specifically reserved for the City Council under the proposed EE Program continue to include:
•Approval of the cancelation or any other permanent modification to the EE Program; and
•Approval of any direct funding for a project or activity on the utility side of the meter Due to the increased material costs and to encourage customer participation in the EE Program, City Staff recommends adoption of Resolution No. 23-012. Once adopted, updates to the program will be communicated to all VMUS natural gas and electric customers and the program materials will be posted on the city website.
City staff remain available for any questions you may have.
Attachments:
A. Resolution No. 23-012
Attachment A
Resolution No. 23-012
RESOLUTION NO. 23-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE, CALIFORNIA, AMENDING AND SUPPLEMENTING RESOLUTION 19-019 TO PROVIDE FURTHER INCENTIVES TO VMUS’ CUSTOMERS TO IMPLEMENT THE ENERGY EFFICIENCY PROGRAM.
WHEREAS, Victorville Municipal Utility Services (VMUS) assesses end-use customers a Public Purpose Program surcharge on electricity and natural gas consumption for the purpose of funding cost-effective energy efficiency, conservation and research and development projects and activities that provide a public benefit to VMUS customers; and
WHEREAS, Public Purpose Program surcharges collected from VMUS electric and natural gas customers are maintained in funds separate from VMUS operating revenues and are reserved solely for use on eligible programs and activities in accordance with California Public Utilities Code sections 385(a) (electricity) and 890(a) (natural gas); and
WHEREAS, VMUS has developed an Energy Efficiency Program, attached hereto as Exhibit A, which outlines the terms and conditions for receiving services, rebates, incentives and direct funding for eligible projects and activities; and
WHEREAS, Energy Efficiency Program categories have been developed to assist VMUS and its customers with implementing cost-effective and feasible energy efficiency projects that can contribute to the statewide goal, established by the California Air Resources Board under the Global Warming Solutions Act of 2006, to reduce greenhouse gas emissions to 1990 levels by 2020; and
WHEREAS, expenditures and efficiency savings for the categories available under the VMUS Energy Efficiency Program will be tracked individually for the purpose of reporting electricity and natural gas efficiency savings to regulatory agencies, and for monitoring customer acceptance/satisfaction for the purpose of modifying the Energy Efficiency Program as may be necessary to improve participation; and
WHEREAS, to promote the efficient use and conservation of energy resources and encourage development of projects which employ qualified energy-efficient practices and renewable technologies, the City Council finds that adoption of the VMUS Energy Efficiency Program is in the interest of the public health, safety and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The recitals and findings set forth above are true and correct and are hereby incorporated in their entirety as part of this Resolution by this reference.
Section 2. The terms and conditions for receiving services, rebates, incentives and direct funding available under the VMUS Energy Efficiency Program are set forth in Exhibit A, attached hereto, and incorporated by reference as if fully set forth herein.
Section 3. Except for those matters specifically reserved for action by the City Council in the VMUS Energy Efficiency Program attached hereto as Exhibit A, the City Manager or his/her duly authorized designee is authorized and directed to do and perform all acts required to administer, carry out and implement the VMUS Energy Efficiency Program.
Section 4. This Resolution shall take effect on March 7, 2023.
Section 5. The City Clerk shall certify to the adoption of this Resolution.
Exhibit A to Resolution No. 23-012
Victorville Municipal Utility Services
Energy Efficiency Program
VICTORVILLE MUNICIPAL UTILITY SERVICES
ENERGY EFFICIENCY PROGRAM
1 Effective Date: March 07, 2023
Resolution 23-012
VMUS Energy Efficiency Program
The Victorville Municipal Utility Services (VMUS) Energy Efficiency (EE) Program outlines the parameters for commercial customers to receive incentives and rebates for the installation of eligible Energy Efficiency Measures (EEMs), equipment or systems, and for VMUS to receive direct funding for eligible projects that benefit VMUS customers through improved safety, system integrity, energy efficiency, conservation and/or research and development (R&D). EE Program payments to customers are based on expected annual energy savings, while funding for utility-side projects is based on actual project costs. The EE Program is funded by Public Purpose Program surcharges billed and collected in accordance with the VMUS Electric Service Rate Schedules and Gas Service Rate Schedules, as established and amended in accordance with Chapters 10.10 and 10.11 of the Victorville Municipal Code respectively.
EE Program Categories:
1.Energy Audits: On-site energy assessment and recommendations designed to potentially improve energy operating efficiency and reduce load requirements. VMUS commercial customers are eligible for one energy audit at no cost per fiscal year. The number of energy audits completed each fiscal year shall be limited based on available funding. Energy audits will be scheduled on a first-come, first-serve basis according to the date the EE Program application is received.
2.Lighting Incentives: EE Program payment for the installation of energy efficiency lighting/lighting controls upgrades that reduce annual energy consumption. A pre and post inspection is required. The EE Program payment is based on a rate of $0.15/kWh for one year of energy savings and $150/kW for each kW that has been reduced. The EE Program payment shall not exceed 50% of the lighting material cost (including installation) or $50,000 per fiscal year, whichever is lower.
3.Construction Incentives: EE Program payment for construction projects that include equipment components that exceed state-mandated codes, federal-mandated codes, industry-accepted performance standards, or other baseline energy performance standards by more than 10%. The EE Program payment is based on a rate of $0.15/kWh for each kWh that has been reduced, $150/kW for each kW that has been reduced, and $2/therm for each therm that has been reduced (whole building approach) for one year of energy savings between the baseline energy performance standards and the proposed energy performance standards for a whole building approach. The EE Program payment shall not exceed 50% of the cost difference between standard and upgraded equipment and/or materials, or $100,000, whichever is lower.
4.Custom Energy Efficiency Incentives: EE Program payment for the installation of energy efficient equipment/technology that conserves energy and permanently reduces
VICTORVILLE MUNICIPAL UTILITY SERVICES
ENERGY EFFICIENCY PROGRAM
2 Effective Date: March 07, 2023
Resolution 23-012
coincident summer/winter on-peak load and exceeds state-mandated codes, federal- mandated codes, industry accepted performance standards or other baseline energy performance standards. EE Program payment is based on a rate of $0.15/kWh or $2/therm for one year of energy savings and $150/kW for each kW that has been reduced and shall not exceed 50% of the total cost associated with the equipment/materials (including installation) or $50,000 per fiscal year, whichever is lower.
5.City Facilities: City owned facilities that are served by VMUS are qualified to participate in any of the energy efficiency programs herein. Qualifying city facilities served by VMUS could take advantage of our direct installs program or custom incentives. The level of incentives or direct install budget will be determined by VMUS on a case by case basis.
6.Utility-Side Projects/Activities: Direct funding for projects/activities on the utility side of the meter that promote a benefit to VMUS customers in terms of improved safety, system integrity, energy efficiency, conservation, or Research and Development (R&D). Projects must be authorized by the City Council as part of the annual operating budget or through a subsequent request in a public meeting.
EE Program Terms and Conditions:
1. Participants are limited to VMUS and its electric and natural gas customers with all associated utility accounts in good standing.
2. The City Manager or designee reserves the right to temporarily suspend the EE Program, or any component thereof, at any time. However, cancelation of, or any permanent modifications to, the EE Program must be approved by way of City Council action.
3. Payments issued under EE Program Categories are limited to the availability of funds on a fiscal year basis.
4. Independent of the EE Program payment, eligible energy efficiency projects must be cost effective from the customer’s perspective based upon the value of total estimated energy savings over the life of the installed measures. The installed equipment must be used for the effective useful life of the product(s) or for a period of five years, whichever is lower.
VICTORVILLE MUNICIPAL UTILITY SERVICES
ENERGY EFFICIENCY PROGRAM
3 Effective Date: March 07, 2023
Resolution 23-012
5. Demand reduction and direct energy savings attributable to energy efficiency must be evaluated by VMUS’s engineering consulting firm using accepted industry practice or valuation model. Savings calculations must include product specifications, hours of operations, the derivation of baseline conditions and all other assumptions used to support estimates.
6. Energy savings can be incentivized based on calculations using existing conditions of equipment or using efficiency values based on either accepted State (California Code of Regulations Title 24) or federal standards, whichever is higher.
7. When there is uncertainty of energy savings or demand reduction, VMUS may require measurement and verification (M&V) up to one year after installation of the project. If VMUS determines that M&V is necessary, VMUS customer service will request that the applicant prepare and submit an M&V plan for review and approval by the City Manager or designee. For projects where M&V is required, 100% of the approved rebate/incentive will be paid after the project installation is confirmed, based upon the final M&V report.
8. To verify eligibility and reserve funding, initial EE Program applications must be submitted to VMUS customer service and pre-approved by the City Manager or designee before equipment is installed. The EE Program application must be accompanied by the estimates of demand reduction and annual energy savings outlined in item 5 above. Upon review of the application, VMUS customer service will provide written notice to the applicant of pre-approval status valid for six months. The funding reservation, pre-inspection, and M&V requirements, if applicable, shall be included in such notice. VMUS will arrange to conduct a pre-inspection to verify the conditions of the preexisting equipment.
9. EE Program payment requests must be submitted by the applicant, in writing, within 6 months of issuance of the pre-approval notice to prevent cancellation of the funding reservation. Written requests must be accompanied by sufficient information to document project costs and must include, at a minimum, a copy of the dated sales receipt. The sales receipt is subject to verification and must note all necessary information to properly identify the qualifying product/equipment/materials, including, but not limited to: make/model, vendor, date, and price per qualifying unit. The city might also conduct a post-inspection to verify the installation of the energy efficiency measure.
10. Payments will only be issued to VMUS customers for projects that demonstrate an overall reduction in energy usage (kWh) or demand (kW) as required under the appropriate EE Program Category, as determined and approved by the City Manager or designee.
VICTORVILLE MUNICIPAL UTILITY SERVICES
ENERGY EFFICIENCY PROGRAM
4 Effective Date: March 07, 2023
Resolution 23-012
11. EE Program applications are subject to pre- and post-installation inspections.
Customer agrees to fully cooperate with any authorized agents of VMUS for the purpose of such inspections. Customers who are not in compliance with terms and conditions of the EE Program, or to have provided false or inaccurate information on the EE Program application will be billed for a pro-rated amount of the rebate, or the full amount of the rebate, as may be appropriate.
12. All equipment installed must be new (not used, refurbished, or available for resale); used at the service address listed on the EE Program application; replace existing, operational, less energy-efficient equipment; and utilize the same fuel source as existing equipment (electric for electric, not gas for electric).
13. Individual customers may not receive EE Program incentives in excess of $100,000 during any given fiscal year.
14. Rebate checks will only be issued and mailed to the VMUS customer listed on the application for service or as indicated in an official notification subsequently submitted to VMUS in writing following the initial application for service.
15. VMUS does not endorse or recommend specific products or dealers and disclaims any warranty, whether expressed or implied, regarding the equipment installed, or for any material or labor associated with its installation, maintenance, repair, safety, satisfactory performance, or any energy savings associated with its use.
Item Number: 12
City Council / Board of Directors
Written Communications
Meeting of: March 7, 2023
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Consideration of proposed City Council Resolution No. 23-015 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. 23-015.
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, May 17, 2022, and October 4, 2022.
Discussion:
At the February 21, 2023 meeting, it was moved by Council Member Becerra and approved by a majority vote to bring an item forward for discussion and possible action to prohibit the use of electronic devices by Councilmembers during closed sessions. The attached revision to Chapter 5 which sets forth the prohibition is now being presented for City Council consideration. Staff remains available for any questions or comments you may have.
Attachments: A. Resolution No. 23-015
B. City Council Policy Manual Redlined
C. City Council Policy Manual Clean
ATTACHMENT A
RESOLUTION NO. 23-015
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, 22-015 and 22- 111 the City Council has since the Manual was first adopted, approved certain revisions to the Manual in order to clarify certain provisions a nd 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 prohibition on the use of electronic devices by Councilmembers during closed sessions in order to ensure the confidentiality of such closed session s.
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 -111 and take effect immediately upon its ado ption.
Section 3. That the City Clerk shall certify 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
Revised by Resolution No. 23‐015 on March 7, 2023
TABLE OF CONTENTS
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
‐i‐
Chapter 1
1 CHAPTER 1 - INTRODUCTION 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 has 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 be 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 responsibilities 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 City 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 majority 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 to 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 pursuant 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 Council 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 preserve order at all Council meetings 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 adopted 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 the 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 entity, 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 Councilmember 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 items 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 the 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 familiarize 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 Manager, 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 Chapter 2
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, commissions, 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 the 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 candidate 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 City 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 Successor 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 or 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 story 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 public’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 Interest. 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 Councilmembers 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 deliberation 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 not use public resources, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes.
Chapter 2
12 11. Advocacy. Councilmembers shall represent the official policies or positions of the Council to the best of their ability when designated 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 the 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. Councilmembers 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 Councilmembers. 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 will 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.
Chapter 2
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 MEETINGS
I. REGULAR MEETINGS
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 located 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 EMERGENCY MEETINGS
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 cancelled 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 posted 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 also 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 packet. 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 Mayor 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
Chapter 3
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.
Chapter 3
17 1. Restrictions. Public Comment Periods should not be utilized 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 agenda 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 regulations 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 the 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 Council 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 state 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, cancelled 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 the 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 the 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 after 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 by 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.
Chapter 3
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 readings 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/she 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 provides 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 limited 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 - AGENDA
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 upon 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 is 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 compliance 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 item 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 Councilmembers; 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 item 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 shall 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 proposed 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 of 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 - MEETING RULES OF CONDUCT AND DECORUM
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 edition 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 is 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 shall 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 the 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 additional 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.
Chapter 5
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 by 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 or 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 ruling 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 been 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 conflicts 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 other 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 item 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 Councilmember 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 subject 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 Council; 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 place 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 Chapter 5
32 twenty (20) minutes). Such time limits shall 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 permission 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 decorum 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 speaking 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 (bd), 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 prohibited 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 communication, 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.
(b)(c) Closed Session Attendance. As a condition of attendance during a Closed Session meeting, all Councilmembers must refrain from the use of any electronic devices, including but not limited to: cell phones, E‐Tablets, laptops, cameras, and recording Chapter 5
33 devices. All such electronic devices must be placed in a container in the room at the start of any Closed Session and may be retrieved at the conclusion of the Closed Session.
(c)(d) 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 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. In the event an electronic device is activated during a Closed Session while it is in the container referenced in Section (c) above, any Councilmember whose device is activated may check the device, and if necessary, leave the Closed Session room to respond to the activation. In addition, if a Councilmember wishes to check the device during Closed Session, he/she may retrieve the device and leave the Closed Session room to check it and use it if necessary.
(d)(e) 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 at 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 records 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 protected work product of the City Attorney.
(e)(f) Leaving Seats. Councilmembers shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer.
(f)(g) 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 the 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, Chapter 5
34 threatening, personal, 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 further 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 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 Council 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 Officer 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 request 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 meeting. 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 to 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 Clerk 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, Chapter 6
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 Councilmembers 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 minimal 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 with 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 International 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 directs 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 solely 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 publicly 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 persons 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/or 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 facilitate 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 workload 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 Chapter 7
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 privileged 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 - COMMUNICATION AND REPRESENTATION
I. REPRESENTING MAJORITY VS. INDIVIDUAL OPINION
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. CORRESPONDENCE FROM COUNCILMEMBERS
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 expense 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.
Chapter 8
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 Practice 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 understanding 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 City 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 Victorville 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 Chapter 8
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, he/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 opinion 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 may 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. Acting 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 Chapter 8
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 No. 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 engage 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 Chapter 8
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 travel 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. Councilmembers 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 public records subject to disclosure under the Chapter 8
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 authority 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 scheduled 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 event.
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, organizations, 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 Presentation 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 Recognition/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 organization, 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, anniversaries, and open house events for businesses located in the City of Victorville.
Chapter 8
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 Chapter 8
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 requested. (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 the 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 appropriate 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 Chapter 8
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, COMMITTEES, 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, committees, or boards 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 31st of each year, the City Clerk (or such other staff as the Council may designate) shall prepare and provide to the City Council an appointments 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 Chapter 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, either 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 same 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 Council 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 commissions, committees, and boards shall also be required to follow the applicable provisions of Resolution No. 13‐049 and any amendments or successor resolutions thereto.
Chapter 9
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 subcommittees 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 maximum) 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 Chapter 9
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 Council 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 commissions, 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 Manager 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”).
Chapter 9
55 B. Procedures. Nomination 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 I. CENSURE AUTHORIZED
CHAPTER 10 - ENFORCEMENT
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 “Law”). 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 Law 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 charges, 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 would 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 declaration 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, Chapter 10
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 not 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 Councilmember 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 Meeting 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 understood 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
Revised by Resolution No. 23-015 on March 7, 2023
TABLE OF CONTENTS
TABLE OF CONTENTS i
CHAPTER 1 - INT RODUCTION AND PURPOSE 1
CHAPTER 2 - ROL E OF CITY COUNCIL 2
CHAPTER 3 - COU NCIL MEETINGS 11
CHAPTER 4 - AG ENDA 19
CHAPTER 5 - ME ETING RULES OF CONDUCT AND DECORUM 22
CHAPTER 6 - A DMINISTRATIVE MATTERS 32
CHAPTER 7 - REL ATIONSHIP AND CONDUCT 35
CHAPTER 8 – COMMUNICATION AND REPRESENTATION 40
CHAPTER 9 - CO MMISSIONS, COMMITTEES AND BOARDS 48
CHAPTER 10 - ENFORCEMENT 52
-i-
Chapter 1
1 CHAPTER 1 ‐ INTRODUCTION AND PURPOSE
I. PURPOSE OF MANUAL
A. C ompile, 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. P
rovide 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 has 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 be 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 responsibilities 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. E ffective 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. B iennial 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. Ci ty Council Acts as a Body. One of the fundamental tenets of city governance is recognizing that the City 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. E stablishment 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. D ecisions of Majority of Body Binding on City Council. While individual Councilmembers may disagree with decisions of the majority, a decision of the majority 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 to 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. Th e 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 pursuant 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 Council 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 preserve order at all Council meetings 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 adopted 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 the Mayor or Mayor Pro Tem, or until adjournment, whichever comes first.
G. New Councilmember Orientation. The Mayor will lead, with the assistan ce 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 entity, as verified by a re ntal 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 Councilmember 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 items 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 the 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 Counc ilmember 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, C ouncilmembers shall read or otherwise familiarize 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 m ay designate (e.g., Assistant City Manager, Deputy City Manager, 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 Chapter 2
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, commissions, 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 the 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 candidate best suited to the position, the City shall initiate an application and interview proces s 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 proc ess 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 City 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 Successor Agency to the Victorville Redevelopment Agency, the Housing Assets Successor, a nd 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 or 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 authori ty to resolve issues and further recognizing that only one side of the story 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.
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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 public’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 Interest. 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, elect ion 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 Councilmembers 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 deliberation 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 c onducting 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 not 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 designated as delegate s 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 the 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. Councilmembers 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 Councilmembers . 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 publ ic, 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 will 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 MEETINGS
I. REGULAR MEETINGS
A. T ime 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 located 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. C
ompliance 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. S
PECIAL MEETINGS AND EMERGENCY MEETINGS
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. Ac commodate 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. C onsideration of New Business . No new item of Council business as posted in the W ritten 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 cancelled 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 posted 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 wil l note for the record how each Councilmember voted. The minutes will also 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 packet. 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 Mayo r 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 hea r 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 utilized 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 agenda 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 regulations 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 the 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 Council 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 suppor t 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 state and federal law. Some examples of when pub lic 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, cancelled public he arings 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 Cou ncil, 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 the 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 the 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 after 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 by way of a written staff report or by in- person oral presentation.
(c) Councilmembers may ask q uestions 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 -c ontroversial nature, such as approval of the minutes for a prior meeting(s), approval of the register of demands, and second readings 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/she wishes to vote “no” on the item before the Presiding Officer or City Clerk calls for the vo te. 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 provides 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 limited 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.
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22 CHAPTER 4 ‐ AGENDA
I. GENERAL PURPOSE OF THE AGENDA RULES
A. G eneral. 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 upon 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. C
ouncil 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 G eneral . 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 is 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. Ci
ty 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 Cit y Attorney when necessary, provided a supplemental or revised agenda is prepared and posted by the City Clerk in compliance 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 item 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 Councilmembers; the City Manager or his/her designated Senior Management staff; and the City Attor ney. 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 item on a future agenda, any Councilmember, including the Mayor, may make a motion or a request t o 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 shall 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 proposed 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 Busi ness. 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 of 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 ‐ MEETING RULES OF CONDUCT AND DECORUM
I. PARLIAMENTARY RULES AND GENERAL AGENDA ITEM PROCESS
A. R osenberg’s Rules . Except as otherwise provided in this Manual, the proceedings of the Council at meetings shall be generally guided by the latest revised edition 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. G eneral Process for Handling Agenda Items. The following process is 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. T
he Presiding Officer announces the current agenda item. Note: to the extent members of the publ ic 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 certai n 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 shall 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 the 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 additional 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 by 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 or 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 ruling 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 been 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 t his 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 conflicts 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 Coun cilmember 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 other 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 item 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 Councilmember 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 t ime 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 Co nsent 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 s hould 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 Offi cer 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 subject 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 o ther 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 ex pedite 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 Council; 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 place 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 Chapter 5
32 twenty (20) minutes). Such time limits shall 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 permission 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 decorum 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 proce edings or the peace of the Council, 2) disturb any Councilmember while he/she is speaking 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 ( d), 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 prohibited 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 communication, 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) Closed Session Attendance . As a condition of attendance during a Closed Session meeting, all Councilmembers must refrain from the use of any electronic devices, including but not limited to: cell phones, E -Tablets, laptops, cameras, and recording Chapter 5
33 devices. All such electronic devic es must be placed in a container in the room at the start of any Closed Session and may be retrieved at the conclusion of the Closed Session.
(d) 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 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. In the event an electronic device is activated during a Closed Session while it is in the container referenced in Section (c) above, any Councilmember whose device is activated may check the device, and if necessary, leave the Closed Session room to respond to the activation. In addition, if a Councilmember wishes to check the device during Closed Session, he/she may retrieve the device and leave the Cl osed Session room to check it and use it if necessary.
(e) 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 pers istent 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 at 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 records 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 protected work product of the City Attorney.
(f) Leaving Seats. Councilmembers shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer.
(g) 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 the 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, Chapter 5
34 threatening, personal, 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 further 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 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 Council 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 Officer 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 request 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 meeting. 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 to 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.
Chapter 6
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. C orrespondence 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 Clerk 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, Chapter 6
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 c
orrespondence received by them at their City of Victorville domain e-mail a ddress
C. Communications Using Non -City Accounts/Devices. Messages or communications received by Councilmembers 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-pur chased 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 minimal 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 subst antive manner with 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.
Chapter 7
38 CHAPTER 7 ‐ RELATIONSHIP AND CONDUCT.
I. RELATIONSHIP AND CONDUCT WITH CITY MANAGER
A. Co uncil -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. T he 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 International 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 directs 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. E
xcept for the purpose of requesting information or assistance, deal with the administrative service under the City Manager solely 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 publicly 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. Avo
id involve ment in personnel issues related to City -Council-appo inted 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 persons 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/or 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;
Chapter 7
40 5. to facilitate 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 necess ary 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 workload 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 direct ed 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 Info rmation 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 Chapter 7
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 privileged 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 ‐ COMMUNICATION AND REPRESENTATION
I. REPRESENTING MAJORITY VS. INDIVIDUAL OPINION
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 th e 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. G eneral 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. CORRESPONDENCE FROM COUNCILMEMBERS
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 t itle on personal matters (those not related to official city business) is not permitted.
2. P ersonal 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 expense of the individual Councilmember, and the aforementioned types of communications shall be mailed at the individual Councilmember’s expense.
3. C
orrespondence 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.
Chapter 8
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 furthe r 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 Practice 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 understanding 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 City 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 Victorville 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 positio n. All correspondence articulating the City’s position on state and federal legislation shall be handled in a manner consistent with the City Chapter 8
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 -C ity 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
-C
ity sponsored event, he/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 opinion 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 may 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. Acting or participating on behalf of the City Council is limited to those instances when the Council has formall y 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 Chapter 8
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 No. 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 engage 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 Chapter 8
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 travel expenses shall not apply when the City Councilmember is traveling in connection with his/her required attendance at me etings 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. Councilmembers 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 Trac ked. 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 e xpense, 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 public records subject to disclosure under the Chapter 8
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 authority 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 scheduled 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 event.
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, organizations, 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 Presentation 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 Recognition/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 organization, 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, anniversaries, and open house events for businesses located in the City of Victorville.
Chapter 8
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 Chapter 8
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 requested. (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 i ntended 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 the 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 appropriate 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 May or 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 Chapter 8
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, COMMITTEES, AND BOARDS
I. PURPOSE AND GENERAL CONSIDERATIONS
A. Ro le 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, committees, or boards 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 aut hority to appropriate funds or make policy except as otherwise approved by the City Council.
B. N
omination 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 appointments 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 Chapter 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, either 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 same procedures set forth herein. Unscheduled vacancies shall be filled in accordance with Government Code Section 54974. Such unscheduled vacancy appointm ents shall be coterminous with the appointing Councilmember’s term of office as provided for in City Council 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 commissions, committees, and boards shall also be required to follow the applicable provisions of Resolution No. 13 -049 and any amendments or successor resolutions thereto.
Chapter 9
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 subcommittees 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 maximum) 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 Subc ommittees. 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 Chapter 9
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 Council will review each currently-existing Standing or Ad Hoc Subcommittee and determine the need to renew or terminate the committee.
E. C onduct 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 commissions, 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 commission s, 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 w ith an outside agency, such correspondence will be prepared by staff for review by the City Manager and possible approval by the City Council. Individual members of City commissions, committees, and subcommittees who would like City staff to perform resear ch 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”).
Chapter 9
55 B. Procedures. Nomination and confirmation of such representatives and one alternate shall follow the same procedure identified in Section I.B for City Com missions, 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 I. CENSURE AUTHORIZED
CHAPTER 10 ‐ ENF ORCEMENT
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 “Law”). 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 Law 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. S
pecific 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. I
nvestigation. 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 charges, the Mayor Pro Tem shall be appointed in lieu of the Mayor to serve on the ad hoc committee.
1. Inde
pendent Investigator. The Council may select an independent investigator to assist in conducting the investigation. The independent investigator would be managed by the ad hoc committee to conduct the investigation.
2. Process for Taking Stat ements. 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 declaration 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, Chapter 10
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 not 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 Councilmember 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.
Chapter 10
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 Meeting of the disruptive Councilmember upon a majority vote of the City Council. A motion for re moval 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 ha s received, read, and understood 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 Item Number: 13
City Council / Board of Directors
Written Communications
Meeting of: March 7, 2023
Submitted By:
Keith C. Metzler, City Manager
Subject:
Discussion and Possible Action on Reviewing the Criteria for Appointments to the Measure P Oversight Committee
Recommendation:
Any action is at the discretion of the City Council.
Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Plan Goal:
This item aligns with Goal B, Public Safety. In accordance with one strategy outlined within the plan, proposing a tax measure, the Measure P Oversight Committee was established after the local voters approved the said measure.
Background:
On October 6, 2020, the City Council approved Resolution 20-083, establishing a Measure P Oversight Committee (MPOC) for the City's one percent (1%) General Transaction and Use Tax (Measure P). The Measure enabled the City to expand essential services and increase public safety for Victorville. The purpose of establishing the MPOC was to ensure that revenues and expenditures comply with the intent of Measure P.
At the February 21, 2023 City Council meeting, Council Member Bob Harriman made a motion to bring forth an agenda item to review the criteria required to be a member of the MPOC. The motion was seconded by Mayor Pro Tem Becerra and passed with Council Member Gomez being absent.
3 0
1 7
Discussion:
Through Resolution 20-083, the MPOC shall consist of seven (7) members, having one member who serves in a current leadership role, selected from each of the following categories:
•Resident Member of Local Major Retail Industry
•Resident Member of Local Chamber of Commerce, who is a member of the small business owner community
•Resident Member of Youth/Recreation
•Resident Member of Clergy
•Resident Member of Non-Profit Social Services Provider •Resident Member of Education
•Resident Member of the Senior Community
Currently, there are three vacancies in the Clergy, Local Major Retail Industry, and Non- Profit Social Services Provider categories. Even with the efforts that have been achieved to recruit committee members, there has been limited qualified interest from the community to apply for the MPOC. Although there have been many applications for the MPOC, the Selection Committee has yet to recommend most applicants due to the absence of qualifications. The requirements for the MPOC are derived from the bylaws through Resolution 20-083, and within those are committee members serving in a current leadership role for each serving category. The Leadership role, as indicated above, shall be defined as an individual serving in an executive capacity or a board member capacity.
A committee member shall not be a City of Victorville staff member.
Staff has advertised the vacancies on all of the City's social media sites, posted on the City of Victorville's website, advertised in the City's digital newsletter the Victorville Connect, and advertised within the Greater High Desert Chamber of Commerce E-Blast.
Thus far, the MPOC has held quorum at all of their meetings and has approved and submitted Transmittal Letters to the City Council approving the allocation of Measure P funds for fiscal years 2021-22 and 2022-23. The current MPOC consists of the following members:
•Resident Member of Local Major Retail Industry - Vacant •Resident Member of Local Chamber of Commerce, who is a member of the small business owner community - Mark Creffield
•Resident Member of Youth/Recreation - Jeremy Taylor
•Resident Member of Clergy - Vacant
•Resident Member of Non-Profit Social Services Provider - Vacant •Resident Member of Education- Michael Krause
•Resident Member of the Senior Community - Margaret Cooker Staff remains available for any questions or comments you have.
Attachments: A. Resolution No. 20-083
ATTACHMENT A
RESOLUTION NO. 20-083
(
RESOLUTION NO. 20-083‘
A~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE ESTABLISHING A MEASURE P OVERSIGHT
COMMITTEE
WHEREAS, on July 21, 2020, the City Council adopted Ordinance 2409 adding Chapter 3.06 to Title 3 of the Victorville Municipal Code for the purpose of establishing and imposing a one percent (1%) General Transactions and Use Tax for essential municipal services , subject to adoption by the electorate; and WHEREAS, On November 3, 2020, the electorate has the abilitylto approve Measure P with at least 50% +1 of voters, voting in favor of Measure P; and WHEREAS, if Measure P is approved by the electorate, the City Council of the City of Victorville is establishing a Measure P Oversight Committee (“Committee”) to review the collection of Measure P tax revenues; review and report on a list of projects and programs to be funded with Measure P revenue; and review revenue, expenditure and other relevant reports and information to ensure Measure P tax revenues are expended efficiently and effectively; and
WHEREAS, a majority vote of the City Council is required to carry forward any recommendation of the Committee; and
WHEREAS, the bylaws of the Committee including any changes thereto shall be established by City Council resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Measure P Oversight Committee is hereby established, subject to electorate approval, to serve in a solely advisory capacity at the pleasure of the City Council.
SECTION 2. To carry out its stated purpose, the Committee shall perform the following dufies:
a) Review lists of proposed expenditures to be funded by Measure P and report to the City Council, not later than May 15 of each year for the upcoming budget year, its conformance or non- conformance with the intent of Measure P which is outlined in the May 2020 Public Safety Plan prior to being considered by the City Council. .
b) Periodically (at least semi-annually) review revenue, expenditure and other related reports and information produced by staff regarding Measure P; and report to City Council on whether revenues were collected and expended as approved. '
0) Review annual independent accountant’s audit report on Measure P revenues and expenditures and provide appropriate report to the City Council. d) Every two years, host a joint community forum with‘ the City Council to provide a briefing on service response and service levels and invite citizen participation about future service levels.
e) To preserve the integrity and independence of the oversight process, committee members shall not play a role as a contractor for projects ‘funded through revenue from Measure P.
f) The Committee will be a Brown Act compliant body.
SECTION 3. The bylaws of the Committee as eontained in Exhibit A, are hereby approved. '
SECTION 4. Measure P Oversight Committee shall consist of seven (7) members selected at—large from a pool 1ofcitywide applicants.
SECTION 5. Of the members of the Committee first appointed, four (4) shall be appointed for terms of four (4) years and three (3) for terms of two (2) years. No member shall serve for a period exceeding two (2) consecutive foUr (4) year terms. For the start up year, there will be a random draw to determine which positions will serve the initial 4—year and 2-year terms.
EXHIBIT A
1. Name: There is hereby established the City of Victorville Transactions and Use Tax Oversight Committee (hereby referred to as “Measure P Oversight Committee” or “Committee”).
2. Powers, Duties and Responsibilities: The Committee shall act in an advisory capacity to the City Council and no express authority or power to act on behalf of the City is hereby delegated. To carry out its stated purpose, the Committee shall perform the following duties:
a.
f.
Review lists of proposed expenditures to be funded by Measure P and report to the City Council, not later than May 15 of each year for the upcoming budget year, its conformance or non—conformance with the intent of Measure P which is outlined in the May 2020 Public Safety Plan prior to being considered by the City Council.
Periodically (at least semi-annually) review revenue, expenditure and other related reports and information produced by staff regarding Measure P; and provide a report to the City Council on whether revenues were collected and expended as approved.
Review annual independent accountant’s audit report on Measure P revenues and expenditures and provide appropriate report to the City Council.
Every two years, host a joint community forum with the City Council to provide a briefing on service response and service levels and invite citizen participation about future service levels.
To preserve the integrity and independence of the oversight process, committee members shall not play a role in contracting or project management for projects funded through revenue from Measure P.
The Committee will be a Brown Act compliant body.
3. Composition of Members: Measure P Oversight Committee shall consist of seven (7) members, having one member, who serves in a current leadership role, selected from each of the following categories:
Resident Member of Local Major Retail Industry
Resident Member of Local Chamber of Commerce, who is a member of the small business owner community
Resident Member for Youth/Recreation
Resident Member of Clergy
Resident Member of Non-Profit Social Services Provider
Resident Member of Education
Resident Member of the Senior Community
Victorville Fire Chief (staff resource only)
Victorville Police Chief (staff resource only)
City Finance Director (staff resource only)
For the purposes of this section, Leadership role as indicated above shall be defined as an individual serving in an executive capacity or a board member capacity. In no event shall a committee member be a City of Victorville staff member.
4. Term of Members: Of the members of the Committee first appointed, four (4) shall be appointed for terms of four (4) years and three (3) for terms of two (2) years. No .member shall serve for a period exceeding two (2) consecutive four (4) year terms. For the start up year, there will be a random draw to determine which positions will serve the initial 4-year and 2-year terms.
5. Eligibility and Requirements for Membership: All members of the Measure P Oversight Committee shall meet the following requirements:
a. Attend and participate in the minimum number of meetings as provided for in Section 2(b) above. After having missed three consecutive meetings, the occupied seat shall automatically be deemed vacated. b. Be a United States Citizen, resident of Victorville and registered to vote in Victorville at the time of appointment. These requirements shall be maintained during the appointee’s service on this Committee.
0. Be at least 18 years of age
d. Not have been convicted of a felony
e. Demonstrate abilities to understand and comply with City and Committee rules and regulations ’
f. Demonstrate to the selection committee the ability to perform the duties of the Committee
9. Resident of the City of Victorville for a minimum of two-years h. May not be a City of Victorville staff member
6. Selection of Members: The selection of members shall be conducted through a three—step process approved by the City Council as follows:
a. The City will seek applications to serve on the Committee by posting an application on the City of Victorville website along with sending out a press release to notify the public of the Committee.
b. A selection committee consisting of the Mayor, Mayor Pro-Tem and the City Manager will review the applications for appointment following the composition guidelines as spelled out in Section ‘3 and Section 5 above.
0. The selection committee will recommend committee members to the City Council for approval.
7. Committee Officers: The Committee shall elect a Chair, the duties of which are to preside over meetings and ensure that items are placed on the agenda; and a Vice-Chair, whose sole duty is to act as the Chair in the Chair’s absence. These positions shall have one—year terms, and no person shall serve as Chair or Vice— Chair for more then two consecutive terms. The election of Chair and Vice—Chair shall take place at the first meeting of the Committee after it has been duly constituted. Thereafter, the election of Chair and Vice-Chair shall be held at the end of each term unless one of the positions is vacated, in which case, the . Committee shall appoint a replacement at the next meeting. A City staff member designated by the City Manager shall act as the Secretary who shall take meeting minutes and maintain records related to the Committee.
8. Meetings: The Committee shall meet quarterly on specific meeting dates to be determined by members. Additional meetings may be scheduled by the Committee as necessary. Committee members are expected to attend all meetings. All meeting shall be held within the City of Victorville.
Resolution No. 20-083
PASSED, APPROVED AND ADOPTED this 6thday of OCTOBER 2020.
Gloria Garcia, Mayor
Attest:
(pm
City Clerk
Approved as to form:
Attorney
I, Charlene Robinson, City Clerk of the City of Victorville' and ex—officioClerk to the City Council of said City, do hereby certify that the foregoing is a true and correct copy of Resolution No. 20-083 which was adopted at a regular meeting held on the 6th day of October 2020, by the following roll call vote, to wit:
AYES: Mayor Garcia, Councilmembers Cox, Gomez, Jones and Ramirez NOES: None
ABSENT: None
ABSTAIN: None