Agenda packet — Victorville City Council, March 21, 2023 (part 2 of 2)

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in se ction 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely lo w-income housing need determined pursuant to Govern ment Code 65583(a)(1). *Extremely low-income houisng need determined pursu ant to Government Code 65583(a)(1). Value in Sectio n 5 is default value, assumed to be half of the ver y low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please note: The APR form can only display data for one planning period. To view progress for a differ ent planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
1,504
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
- Moderate
1,735
1,136
1,504
Please contact HCD if your data is different than the material supplied here - 2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
1,735
Jurisdiction Victorville ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name +
Local
Jurisdiction
Tracking ID +
Date of Rezone Very Low-
Income Low-Income Moderate-Income Above Moderate-
Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
3091-331-02 East corner of Nuevo Rd & 5th St 106 Shortfall of Sites 6.62 Commercial C-2, Commercial 1 5 30 106 Vacant Vacant 3091-331-01 East corner of Nuevo Rd & 5th St Shortfall of Sites 6.62 Commercial C-2, Commercial 15 30 Vacant Vacant 3091-351-02 East corner of Bear Valley Rd & 5th St 74 74 Shortfall of Sites 9.26 Commercial C-2, Commercial 15 30 148 Vacant Vacant 3091-351-03 East corner of Bear Valley Rd & 5th St Shortfall of Sites 9.26 Commercial C-2, Commercial 15 30 Vacant Vacant 3091-351-01 East corner of Bear Valley Rd & 5th St 70 69 Shortfall of Sites 8.65 Commercial C-2, Commercial 15 30 139 Vacant Vacant 3091-221-04 West corner of Bear Valley Rd & 2nd Ave Shortfall of Sites 35.75 Commercial C-2, Commercial 15 3 0 Vacant Vacant 3091-221-05 West corner of Bear Valley Rd & 2nd Ave Shortfall of Sites 35.75 Commercial C-2, Commercial 15 3 0 Vacant Vacant 3091-221-06 West corner of Bear Valley Rd & 2nd Ave Shortfall of Sites 35.75 Commercial C-2, Commercial 15 3 0 Vacant Vacant 3091-221-07 West corner of Bear Valley Rd & 2nd Ave Shortfall of Sites 35.75 Commercial C-2, Commercial 15 3 0 Vacant Vacant 3091-221-08 West corner of Bear Valley Rd & 2nd Ave Shortfall of Sites 35.75 Commercial C-2, Commercial 15 3 0 Vacant Vacant 3091-221-09 West corner of Bear Valley Rd & 2nd Ave Shortfall of Sites 35.75 Commercial C-2, Commercial 15 3 0 Vacant Vacant 3091-221-10 West corner of Bear Valley Rd & 2nd Ave Shortfall of Sites 35.75 Commercial C-2, Commercial 15 3 0 Vacant Vacant 3091-221-11 West corner of Bear Valley Rd & 2nd Ave Shortfall of Sites 35.75 Commercial C-2, Commercial 15 3 0 Vacant Vacant 3091-221-12 West corner of Bear Valley Rd & 2nd Ave Shortfall of Sites 35.75 Commercial C-2, Commercial 15 3 0 Vacant Vacant 3091-221-13 West corner of Bear Valley Rd & 2nd Ave Shortfall of Sites 35.75 Commercial C-2, Commercial 15 3 0 Vacant Vacant 3091-221-14 West corner of Bear Valley Rd & 2nd Ave Shortfall of Sites 35.75 Commercial C-2, Commercial 15 3 0 Vacant Vacant 3091-221-15 West corner of Bear Valley Rd & 2nd Ave Shortfall of Sites 35.75 Commercial C-2, Commercial 15 3 0 Vacant Vacant 3091-221-16 West corner of Bear Valley Rd & 2nd Ave Shortfall of Sites 35.75 Commercial C-2, Commercial 15 3 0 Vacant Vacant 3091-221-17 West corner of Bear Valley Rd & 2nd Ave Shortfall of Sites 35.75 Commercial C-2, Commercial 15 3 0 Vacant Vacant 3091-221-18 West corner of Bear Valley Rd & 2nd Ave Shortfall of Sites 35.75 Commercial C-2, Commercial 15 3 0 Vacant Vacant 3091-221-19 West corner of Bear Valley Rd & 2nd Ave Shortfall of Sites 35.75 Commercial C-2, Commercial 15 3 0 Vacant Vacant 3091-221-20 West corner of Bear Valley Rd & 2nd Ave Shortfall of Sites 35.75 Commercial C-2, Commercial 15 3 0 Vacant Vacant 3091-221-21 West corner of Bear Valley Rd & 2nd Ave Shortfall of Sites 35.75 Commercial C-2, Commercial 15 3 0 Vacant Vacant 3091-361-04 East corner of 2nd Ave & Jasmine St 140 Shortfall of Sites 8.74 Office Professional C-A, Office Professional
15 30 140 Vacant Vacant
3091-361-05 West Corner of 1st Ave & Jasmine St Shortfall of Sites 8.74 Office Professional C-A, Office Professional
15 30 Vacant Vacant
3103-491-05 Palmdale Rd, between US-395 and Bellflow er St 80 80 80 Shortfall of Sites 18.79 High Density Residential
PUD, High
Density
Residential
15 30 240 Vacant Vacant
3103-491-02 Palmdale Rd, between US-395 and Bellflow er St 77 77 76 Shortfall of Sites 9.59 High Density Residential
PUD, High
Density
Residential
15 30 230 Vacant Vacant
3103-491-03 11695 PALMDALE RD 75 75 74 Shortfall of Sites 9.34 High Density Residential
PUD, High
Density
Residential
15 30 224 Vacant Vacant
3103-531-01 11715 PALMDALE RD 16 16 14 Shortfall of Sites 1.94 High Density Residential
PUD, High
Density
Residential
15 30 46 Vacant Vacant
3103-531-02 Palmdale Rd, between US-395 and Bellflow er St 29 29 29 Shortfall of Sites 3.66 High Density Residential
PUD, High
Density
Residential
15 30 87 Vacant Vacant
3103-531-03 Palmdale Rd, between US-395 and Bellflow er St 15 15 14 Shortfall of Sites 1.87 High Density Residential
PUD, High
Density
Residential
15 30 44 Vacant Vacant
3103-531-04 Palmdale Rd, between US-395 and Bellflow er St 15 15 13 Shortfall of Sites 1.83 High Density Residential
PUD, High
Density
Residential
15 30 43 Vacant Vacant
3103-531-05 Palmdale Rd, between US-395 and Bellflow er St 30 30 29 Shortfall of Sites 3.72 High Density Residential
PUD, High
Density
Residential
15 30 89 Vacant Vacant
3103-531-06 Palmdale Rd, between US-395 and Bellflow er St Shortfall of Sites 3.72 High Density Residential
PUD, High
Density
Residential
15 30 Vacant Vacant
3103-531-07 Palmdale Rd, between US-395 and Bellflow er St 30 30 28 Shortfall of Sites 3.67 High Density Residential
PUD, High
Density
Residential
15 30 88 Vacant Vacant
3103-531-08 Palmdale Rd, between US-395 and Bellflow er St Shortfall of Sites 3.67 High Density Residential
PUD, High
Density
Residential
15 30 Vacant Vacant
3103-531-09 Palmdale Rd, between US-395 and Bellflow er St 15 15 13 Shortfall of Sites 1.79 High Density Residential
PUD, High
Density
Residential
15 30 43 Vacant Vacant
3105-171-01 Southwest corner of Palmdale Rd & Topaz Rd 80 80 80 Shortfall of Sites 29.78 High Density Residential
R-3, High Density
Residential
20 30 240 Vacant Vacant
3103-611-08 Southeast corner of Palmdale Rd & Topaz Rd 39 39 37 Shortfall of Sites 4.81 High Density Residential
R-3, High Density
Residential
20 30 115 Vacant Vacant
3103-611-05 Southeast corner of Palmdale Rd & Topaz Rd 38 38 38 Shortfall of Sites 4.77 High Density Residential
R-3, High Density
Residential
20 30 114 Vacant Vacant
3072-211-14 Southeast corner of Amethyst Rd & Sierra Rd 23 23 21 Shortfall of Sites 4.17 Commercial C-2, Commercial 15 30 67 Vacant Vacant 3072-211-15 Southeast corner of Amethyst Rd & Sierra Rd 55 55 53 Shortfall of Sites 10.16 Commercial C-2, Commercia l 15 30 163 Vacant Vacant 3072-211-04 Southeast corner of Amethyst Rd & Bear V alley Rd 35 35 34 Shortfall of Sites 8.65 Commercial C-2, Commercial 15 30 104 Vacant Vacant 3072-211-11 Southwest corner of Shooting Star Dr & Bear Valley Rd 70 70 68 Shortfall of Sites 21.57 Commercial C-2, Commercia l 15 30 208 Vacant Vacant 3072-211-12 Southeast corner of Shooting Star Dr & Bear Valley Rd 48 48 48 Shortfall of Sites 14.99 Commercial C-2, Commerc ial 15 30 144 Vacant Vacant 3072-221-16 Southeast corner of Shooting Star Dr & Bear Valley Rd 80 80 80 Shortfall of Sites 39.61 Commercial C-2, Commerc ial 15 30 240 Vacant Vacant 3103-551-04 Southeast corner of Seneca Rd & US-395 120 40 80 Shortfall of Sites 12.69 High Density Residential
R-3, High Density
Residential
20 30 240 Vacant Vacant
3103-531-10 Nort of Far Hills Ln 239 Shortfall of Sites 9.97 High Density Residential
R-3, High Density
Residential
20 30 239 Vacant Vacant
3103-551-05 Southwest corner of Seneca Rd & Mesa Lin da Ave 120 120 Shortfall of Sites 54.93 Low Density Residential
R-1, Low Density
Residential
20 30 240 Vacant Vacant
0405-331-03 Southwest corner of Jargon Rd & Mesa St 122 122 Shortfall of Sites 7.96 Low Density Residential
R-1, Low Density
Residential
20 30 244 Vacant Vacant
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
0405-331-05 10883 JARGON RD 116 116 Shortfall of Sites 9.35 Low Density Residential
R-1, Low Density
Residential
20 30 232 Non-Vacant Farm
0405-331-06 10758 JARGON RD 122 122 Shortfall of Sites 8.69 Low Density Residential
R-1, Low Density
Residential
20 30 244 Non-Vacant Paved road
0405-331-08 Northwest corner of Jargon Rd & Mojave S t 111 111 Shortfall of Sites 9.34 Low Density Residential
R-1, Low Density
Residential
20 30 222 Vacant Vacant
0405-331-09 Northeast corner of Jargon Rd & Mojave S t 244 Shortfall of Sites 10.19 Low Density Residential
R-1, Low Density
Residential
20 30 244 Vacant Vacant
0405-331-10 Northeast corner of Jargon Rd & Mojave S t 105 Shortfall of Sites 4.4 Low Density Residential
R-1, Low Density
Residential
20 30 105 Vacant Vacant
0405-331-11 Northeast corner of Jargon Rd & Mojave S t 61 Shortfall of Sites 2.55 Low Density Residential
R-1, Low Density
Residential
20 30 61 Vacant Vacant
0405-331-12 13290 SMOKE TREE RD 49 Shortfall of Sites 2.06 Low Density Residential
R-1, Low Density
Residential
20 30 49 Vacant Vacant
0405-331-17 13112 SMOKE TREE RD 122 Shortfall of Sites 5.08 Low Density Residential
R-1, Low Density
Residential
20 30 122 Non-Vacant Single Family Residential,
1 0405-331-18 Northwest corner of Jargon Rd & Mojave S t 122 Shortfall of Sites 5.08 Low Density Residential
R-1, Low Density
Residential
20 30 122 Vacant Vacant
3105-271-01 Southeast corner of Seneca Rd & Gateside Way 102 102 Shortfall of Sites 8.51 High Density Residential
R-4, High Density
Residential
20 30 204 Vacant Vacant
3105-271-02 Northeast corner of Petaluma Rd & Begoni a Rd 55 54 Shortfall of Sites 4.54 High Density Residential
R-4, High Density
Residential
20 30 109 Vacant Vacant
3105-271-03 Northeast corner of Petaluma Rd & Begoni a Rd 52 52 Shortfall of Sites 4.34 High Density Residential
R-4, High Density
Residential
20 30 104 Vacant Vacant
3105-271-06 Northwest corner El Evado Rd & Begonia R d 50 50 Shortfall of Sites 4.2 High Density Residential
R-4, High Density
Residential
20 30 100 Vacant Vacant
3105-261-03 Northwest corner of Petaluma Rd & Begoni a Rd 110 109 Shortfall of Sites 9.15 High Density Residential
R-4, High Density
Residential
20 30 219 Vacant Vacant
3105-261-05 Northeast corner of Paicoma Rd & Begonia Rd 86 86 Shortfall of Sites 7.18 High Density Residential
R-4, High Density
Residential
20 30 172 Vacant Vacant
3105-261-06 Southwest corner of Seneca Rd & Gateside Way 103 103 Shortfall of Sites 8.6 High Density Residential
R-4, High Density
Residential
20 30 206 Vacant Vacant
Jurisdiction Victorville
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation PP-A.1: Update the City’s
Land Use Element and
Zoning Ordinance
Incorporate changes to bring the City’s Land Use Element and Zoning Ordinance into compliance with new State laws. Specifically, modify development standards and regulations to streamline and remove barriers to residential development (particularly affordable housing, accessory dwelling units (ADUs), emergency shelters, and transitional/supportive housing). These modified standards could include increasing R-4 development standards from 20 units per acre to 30 units per acre (See Proposed Program PP-A.4), reducing setback and lot coverage standards, creating objective standards, a nd waiving development impact fees, among others. Parking requirements for emergency shelters will be updated as part of the Zoning Ordinance amendment to be in compliance with California Government Code, Section 655834. Additionally, any modified standards shall be directed toward meeting the social and economic needs of the community (also Proposed Program PP-H.3).

Land Use Element will be
updated in 2022. Zoning will
be updated within 1 year
and 90 days from receipt of
comments from Housing
and Community
Development (HCD) on the
draft Housing Element, to
coincide with the City’s Land
Use Element Update.

On December 20, 2022, the City Council of the City of Victorville adopted Resolution No. 22- 124, which included approval of an updated Land Use Element of the City's General Plan.

PP-A.2: Adopt a Density
Bonus Ordinance and Create
a Menu of Density Bonuses
Pursuant to California Government Code Section 65915, the City will adopt a legally compliant density bonus ordinance. In addition, the City will identify appropriate density bonus levels to offer to developers in exchange for the provision of certain community benefits and amenities.

This program will allow for the development of a greater diversity of housing stock while also attracting private investment in the City’s affordable housing stock, streetscapes, parks and o pen spaces, and other community benefits as identified and prioritized by City Council.

By end of FY 2022–23 Legally compliant Density Bonus standards will be included with the update to the City's Zoning Ordinance and is anticipated by the end of calendar year 2023.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
PP-A.3: Increase Zoning in
Areas Zoned for Multi-Family
To encourage lower-income housing development throu ghout the City, particularly in resource-advantaged areas, the City will change zoning and land use designations to increase the allowable density in portions of the City’s High Density Residential (R3) and Very High Density Residential (R4) zones to allow up to 20 and 30 dwelling units per acre, respectively.

Within 1 year and 90 days
from receipt of comments
from HCD on the draft
Housing Element to coincide
with the City's Land Use
Element Update.

Development standards will
be updated to accommodate
densities within a year of
Land Use Element update
approval.

On December 20, 2022, the City Council of the City of Victorville adopted Resolution No. 22- 124, which included approval of an updated Land Use Element of the City's General Plan.

The Land Use Element Update included updates Medium Density and high Density designations allowing multi-family development up to 20 and 30 dwelling units per acre, and Mixed Use designations that introduced up to 30 dwelling units per acre. The Medium Density and High Density designations correspond to the R-3 and R-4 land use districts that will be further adjusted with an update to the City’s Zoning Ordinance and Zoning Map, which is anticipated to be completed by the end of calendar year 2023.

PP-A.4: Change Zoning in
Appropriate Commercial and
Residential Zones
Pursuant to Chapter 8, Adequate Sites Inventory Analysis and Methodology, of this Housing Element, rezone certain commercial zones in the West City, Baldy Mesa, Golden Triangle, and East Bear Valley Planning Areas, as well as the 7th Street Commercial corridor to permit mixed-use development, in some cases allowing residential development up to 30 dwelling units per acre. The City is undertaking this rezoning effort to encourage lower-income housing developmen t in resource- advantaged areas and to encourage revitalization of deteriorated and underutilized commercial areas throughout the City. Where rezoned areas include sites in the Site Inventory, the new zoning will permit owner- occupied and rental multifamily uses by right for developments in which 20% or more of the units are affordable to lower income households and will comply with the other by-right provisions of Government Code 65583.2 (h) and (i) (also Proposed Program PP-P.1).

Within 1 year and 90 days
from receipt of comments
from HCD on the draft
Housing Element, to
coincide with the City’s Land
Use Element Update
On December 20, 2022, the City Council of the City of Victorville adopted Resolution No. 22- 124, which included approval of an updated Land Use Element of the City's General Plan.

The Land Use Element Update included updates to the land use designations outlined in Table C of this APR. Corresponding land use districts that will be further adjusted with an update to the City’s Zoning Ordinance and Zoning Map, which is anticipated to be completed by the end of calendar year 2023. Additionally, the City's current zoning ordinance allows affordable housing by right in any zone where multi-family development is permitted.

PP-A.5: Encourage the
Subdivision of Sites that are
10 Acres or Larger
Encouraging the subdivision of sites that are 10 ac res or more can provide more opportunities for development of affordable housing, which the Department of Housing and Community Development (HCD) has determined is more feasible on sites between 0.5 and 10 acres in size.

During the 5th Cycle period, the City recorded 26 tract maps and approved 27 tentative tract maps. The tentative tract maps, 24 of which were more than 10 acres in size, contributed to the development of more than 5,600 market-rate housing units. The relatively large number of subdivisions demonstrates the outsized role that subdivisions play in local residential development. The City will encourage the subdivision of large lots, particularly for affordable housing, by routinely giving high priority processing to subdivision maps that include affordable housing units. Additionally, the City will consider providing incentives, such as reduced setback and parking requirements, and incre ased allowable density, lot coverage, or floor area ratio.

Ongoing with evaluation of
effectiveness by mid-cycle
(Fiscal Year 2024–25) and
revise programs A.5 and B.1
as appropriate to increase
efficacy of the program
within six months.

On December 20, 2022, the City Council of the City of Victorville adopted Resolution No. 22- 124, which included approval of an updated Land Use Element of the City's General Plan.

The Land Use Element Update included updates to the Low-Medium Density designation allowing single-family residential development up to 12 dwelling units per acre, whereas previous land use designations limited single-family residences to 5 units per acre. Further modified development standards to encourage the sub division of large lots as well as incentives will be considered in conjunction with the Zoning Ordinance update in process, with completion anticipated by the end of calendar year 2023.

PP-A.6: Continue to
Encourage Single-Family
Home Development in
Designated Areas
Single-family homes continue to be a popular housing choice for households with moderate and above moderate incomes . The City will continue to facilitate the development of single-family units to help households to build their wealth and to enjoy housing stability.

Ongoing with outreach one
time per year
On December 20, 2022, the City Council of the City of Victorville adopted Resolution No. 22- 124, which included approval of an updated Land Use Element of the City's General Plan.

The Land Use Element Update included updates to the Low-Medium Density designation allowing single-family residential development up to 12 dwelling units per acre, whereas previous land use designations limited single-family residences to 5 units per acre. Additional SFR density will allow for a greater variety of housing stock for household looking to build wealth, own property, and enjoy housing stability.

PP-A.7: Encourage Buffers
and Transitions
For new higher density residential developments, provide adequate buffers or transitions in relation to existing lower density residential uses, as well as to commercial, industrial, and institutional uses that may be incompatible with residential use.

The Land Use Element Update included Mixed Use designations that introduced up to 30 dwelling units per acre as well as commercial development. These new land use designations will allow greater flexibility in design and land use when developed near existing lower density residential uses.

PP-A.8: Evaluate and Change
Off-Street Parking
Requirements
Evaluate existing off-street parking requirements and make a recommendation to reduce the number of required off-street parking spaces for residential development with lower parking demand, as appropriate.

Ongoing and outreach at
least one time per year
City Staff has determined that the entirety of the City of Victorville falls within the proximity requirements of mass transit stops that allow ADU's to be completed without any additional on- site parking. Additionally, the Old Town Specific Plan area allows mixed-use and multifamily family development with one parking space or less required for each new residential unit, which is less than half of the requirements elsewhere in the City.

PP-B.1: Assist with
Development of Low-Income
Housing
To assist the development of housing for households with lower incomes, the City will seek to defer, reduce, or waive fees for land divisions, lot line adjustments, and Specific Plans proposing, or resulting in parcel sizes that facilitate, multi-family developments affordable to households with lower incomes (i.e., determined by the State to be

0.5–10 acres). The City will work with property owners and nonprofit developers to target and market the availability of sites with the best potential for development. In addition, the City will offer the following incentives for the development of affordable housin g, including but not limited to:
- Streamlining and expediting of the approval process for land division for projects that include affordable housing units
- Ministerial review of lot line adjustments
- Deferral or waiver of fees related to the subdivision for projects affordable to households with lower incomes
- Reduced setback and parking requirements
- Increased allowable density, lot coverage, and floor area ratio - Technical assistance to identify funding and with the modification of development requirements
City staff will seek to have approximately 50% of the units developed as a result of this program in lower resource areas to serve existing lower income communities and minimize displacement and approximately 50% of the units developed as a result of this program in higher resource areas to provide greater opportunities to lower income households.

Identify potential property
owners, nonprofit
developers, and available
sites by end of FY 2022–23.

After that, market available
sites and incentives on an
ongoing basis with outreach
one time per year
throughout 6th Cycle.

The Old Town Specific Plan area of the City of Victorville, which is almost entirely within a Community Development Block Grant (CDBG) target area, has been approved for a waiver of Development Impact Fee's and Capacity charges for all projects pursuant to City Council Policy CP-22-01 effective June 7, 2022. This area also is subject to reduced parking allowance provided by the specific plan and increas ed lot coverage and floor to area ratio.

PP-B.2: Expedite
Development
Expedite development of housing projects for seniors, people with disabilities, or people with low and moderate incomes. The City will consider waving or reducing fees for shelters/trans itional and permanent supportive housing projects.

Ongoing with outreach one
time per year. Consideration
for fee waiver and reduction
to be within 2 years of the
Housing Element Update
approval.

Consideration ongoing.

PP-B.3: Review the City’s
Development Standards
The City will review their current development standards and will update as appropriate to encourage development. For example, the City will assess existing height limits to evaluate their impact on residential development and revise as needed to encourage the c reation of additional housing within the City.

Ongoing with outreach one
time per year. Review
development standards by
the end of FY 2022–23 and
make revisions by the end of
FY 2024–25.

On December 20, 2022, the City Council of the City of Victorville adopted Resolution No. 22- 124, which included approval of an updated Land Use Element of the City's General Plan.

The Land Use Element Update included updates to add standards related to floor to area ratio in an effort to accommodate various development types. Further modified development standards to encourage development such as height l imit allowances will be considered in conjunction with the Zoning Ordinance update in process, with completion anticipated by the end of calendar year 2023.

PP-B.4: Provide a Menu of
Incentives/Concessions for
Developers
To expedite the process of finding resources and in centives, Victorville will seek to post an overview of available incentives/concessions and the application process for developers on the City’s website. The City will gather all information on available concessions for housing developers, including state, federal and local funding, density bonuses, reduced development and zoning standards, streamlining, etc. All information will then be presented in one place on the City’s website to provide a “one- stop shop” for developers.

Within 2 years of the
Housing Element Update
approval. Gather information
on the first year and develop
the page on the second
year. Page will be updated
as appropriate.

Application creation in process. Anticipated by the end of calendar year 2023.

PP-B.5: Provide Permit Fee
Information for Developers
The City’s website provides an online portal/fee estimator, a tool to look up zoning by property, most development and building fees, and the City’s zoning map, development code, and land use plans. In addition to the existing information, the City will add the current permit fees to the fee information available on the City’s website.

By the end of FY 2022–23 Completed.

PP-B.6: Senate Bill (SB) 35
Streamlined and Ministerial
Approval Process.

The City will establish a streamlined, ministerial review process for qualifying multi-family residential projects consistent with SB 35 Within a year of adoption of
the Housing Element
The City currently utilizes the SB 330 preliminary application in order to fulfill the Notice of Intent requirements for SB 35. To date the City has not received any associated preliminary applications. Completion of the final checklist anticipated by the end of calendar year 2023, as it may be codified by inclusion in the City's Zoning Ordinance update.

PP-C.1: Update the City’s
Zoning Ordinance to Allow
for Higher Densities in Areas
with
Underdeveloped/Underutilize
d Property.

The City will update the current Zoning Ordinance to ensure that they are allowing for higher density in areas with underdeveloped/underutilized property. Such as an update will maximize land utilization for residential development. This program will identify areas for higher density throughout the City to promote more inclusive communities, targeting 30% of units created through zoning updates in lower resource areas and 70% of units in higher opportunity areas to provide more opportunities for lower income households.

Within 2 years of the
Housing Element Update
approval.

On December 20, 2022, the City Council of the City of Victorville adopted Resolution No. 22- 124, which included approval of an updated Land Use Element of the City's General Plan.

The Land Use Element Update included updates to the land use designations outlined in Table C of this APR. The included Low-Medium Density designation allowing single-family residential development up to 12 dwelling units per acre was targeted in areas with potential for infill development to protect existing SFR communities while also providing an opportunity for increased densities. Also, many of the mixed-use designated areas along Seventh Street are located within CDBG target areas and provide more opportunities for lower income households. Corresponding land use districts that w ill be further adjusted with an update to the City’s Zoning Ordinance and Zoning Map, which is anticipated to be completed by the end of calendar year 2023.

PP-C.2: Update the City’s
ADU Policies to Comply with
Changes in State Law
The City will update the current ADU ordinance to ensure that the policies conform to State requirements, as established by Assembly Bill (AB) 3182 (2020), Senate Bill 13, AB 68, AB 881, AB 587, AB 670, and AB 671 (2019). Such an update would modify the requirements of ADU development in the City, including restrictions on unit sizes and allowance of ADUs in multi-family zones.
2022
City ADU development standard updates in compliance with current State requirements is in process and will be included in an update to the City’s Zoning Ordinance, which is anticipated to be completed by the end of calendar year 2023. In the interim, the City does not enforce its current ADU standards and instead defers directly to State standards, as permitted by State law.

PP-C.3: Plan to Encourage
ADUs
As part of the ADU ordinance update (including public outreach), the City will also explore options to facilitate affordable housing options for ADUs, such as tiny homes, throughout the City. The City will also explore incentives and tools to facilitate ADU construction, such as pre-approved ADU plans or kits, waived development impact fees, increased outreach and education, larger unit square footage allowance s and reduced setback and lot coverage standards in exchange for deed restrictions, among other incentives.

Research and explore
options by end of Calendar
Year (CY) 2022. Begin
providing incentives by
2023. Evaluate potential
extension of incentives at
the end of the planning
period.

Research underway in an effort to provide updated ADU development standards in compliance with current State requirements in conjunction with the City’s Zoning Ordinance update, which is anticipated to be completed by the end of calendar year 2023. Additionally, the City continues to monitor SBCTA's efforts to create a model ADU plans and/or grants to create a City specific model.

PP-D.1: Enforce Existing
Building and Safety Code
Continue to prioritize and enforce the existing Building and Safety Code (based on safety and blight), as required through existing—and, if necessary, expanded—code enforcement efforts (also Proposed Program PP-O.1).

Ongoing and outreach at
least one time per year
Effort ongoing. On December 6, 2022, the City Council adopted Ordinance No. 2432 in order to implement the most recent version of the Title 24 California Building Code, which allows ongoing enforcement with all current requirements.

PP-D.2: Provide Technical
Assistance for Rehabilitation
Needs
Provide technical assistance and personal appointme nts to residents, including seniors and people with disabilities, to help review their rehabilitation needs. Prioritize rehabilitation in concentrated areas of poverty and areas with more code enforcement citations, with a target for at least 50% of assisted units to be in such areas.

Ongoing and outreach at
least one time per year.

Effort ongoing. The City funds the Senior Home Repair Program (SHRP) annually with Home Investment Partnership (HOME) grant funds allocated by the Department of Housing and Urban Development (HUD), which is used to rehabilitate homes of seniors and persons with disabilities. Over $158,000 was allocated to SHRP in 2022 and 100% of the funds are used to rehabilitate homes of eligible seniors within CDBG Target Areas and/or address potential health and safety violations. As part of the annual CDBG funding cycle, outreach to the community is provided via press releases and on the City's website providing notification of allocated funds, project types, service provider contacts, and information on eligibility lists.

PP-D.3: Support Nonprofits
in Pursuing Rehabilitation
Programs
Support nonprofit organizations in pursuing funding for residential rehabilitation programs and projects. In addition to providing a menu of incentives/concessions (See Proposed Program PP-B.4 ), the City will invite nonprofits to discuss the City’s plans, resources, and development opportunities every one to two years. As appropriate, the City will offer application assistance for state and federal financ ial resources. This program will focus on concentrated areas of poverty and areas with more code enforcement citations, with a target for at least 50% of assisted units to be in such areas.

Ongoing with outreach one
time per year. Identify
nonprofits by end of CY
2022. Reach out to and
meet with nonprofits at least
every other year after that.

Effort ongoing. The City funds the Victor Valley Community Services Council annually with CDBG funds to carry out their residential rehabilitation program, which provides home repairs for health and safety issues and ADA modifications to help keep our seniors and disabled persons independent and safe at home for as long as they are able. Over $30,000 was allocated to this program in 2022 and 100% of the funds are used to rehabilitate homes of eligible seniors/disabled persons within CDBG Target Areas and/or address potential health and safety violations. As part of the annual CDBG mandated Annual Action Plan (AAP), non- profit outreach (including provider notification and opportunity to comment) is carried out to ensure participation in the AAP's priority areas of need and allocation.

PP-D.4: Assist Residents
with Extremely Low, Very
Low, and Low Incomes
Continue to use CDBG, HOME Investment Partnerships (HOME), and other funding sources for the City’s Residential Rehabilitation Program, which assists residents with extremely low, very low, and low incomes with housing rehabilitation Citywide. Additionally, the City will work to promote the importance of property maintenance to long-term housing quality and the availability of resources for residential rehabilitation. To do so, the City will revise its website with more information and work with the Public Information Officer to provide more information to local families and community groups. This program will focus on concentrated areas of poverty and areas with more code enforcement citations, with a target for at least 50% of assisted units to be in such areas.

Ongoing with outreach one
time per year. Review and
make appropriate changes
to website by end of CY
2022. Assistance and
education will be ongoing
with outreach one time per
year throughout the planning
period.

Effort ongoing. The City funds the SHRP and Residen tial Rehabilitation Program (RRP) annually with CDBG and HOME grant funds allocated by the Department of Housing and Urban Development (HUD), which is used to rehabilitate homes of income qualified residents.

Over $348,000 was allocated to these programs in 2022 and 100% of the funds are used to rehabilitate homes of eligible residents within CDBG Target Areas and/or address potential health and safety violations. Additionally, the City updates its website annually to update eligibility indicators such as income limits. Additional outreach is conducted throughout the year as the Code Enforcement Department notifies those in violation of the available program to address rehabilitation needs.

PP-D.5: Advertise
Rehabilitation Programs
Continue to use public mailers and the City website and add social media posts to the City’s accounts to advertise housing rehabilitation programs.

Ongoing with outreach one
time per year.

Effort ongoing. As part of the annual CDBG funding cycle, outreach to the community is provided via press releases and on the City's website providing notification of allocated funds, project types, service provider contacts, and information on eligibility lists.

PP-E.1: Housing Choice
Vouchers
Continue to refer residents interested in Housing Choice rental vouchers to San Bernardino County so renters can have access to affordable housing (also Proposed Program PP-H.1). Educate property owners throughout the City about housing choice vouchers to encourage greater participation and to increase locational choices fo r voucher holders.

Ongoing with outreach one
time per year.

The City maintains a Homeless Solutions webpage, where residents are provided contacts to resources within the community, including housing placement. Residents are also referred to the San Bernardino County Housing Authority and outreach remains ongoing throughout the year. The City also requires services providers contracted with the City (e.g. High Desert Homeless Services) to help eligible residents get vouchers. 211 also assists on placing eligible residents on applicable wait lists.

PP-E.2: Continue the
Conservation and Monitoring
of Existing and Future
Affordable Units
The City has an inventory of 1,341 publicly assisted housing units. These units are deed restricted for long-term affordability. Between October 15, 2021, and October 15, 2029, no publicly assisted units are considered at risk of converting to market-rate housing. The City will continue to monitor and preserve the affordability of all 1,341 publicly assisted housing units.

Ongoing with outreach one
time per year.

Ongoing. The City contracts annually with a private consultant to monitor all publicly assisted housing units.

PP-E.3: Replacement
Housing
The Sites Inventory includes two non-vacant sites with existing residential uses. Neither site is subject to a recorded covenant, ordinance, or law that restricts rents. When housing development is proposed for these two non-vacant sites, City staff will determine whether current or prior site uses necessitate replacement affordable housing in accordance with Government Code, Section 65915. If the current or prior site uses necessitate replacement affordable housin g, the City will ensure that replacement housing units at similar income levels will be created, either by the proposed developer of the site or another party.

Furthermore, to minimize displacement, City staff will encourage redevelopment of existing housing to build at least as many units as exist, in total and of lower-income housing, especially in lower resource areas.

Ongoing as development is
proposed on non-vacant
sites
No development proposed on these sites. Monitoring ongoing.

PP-F.1: Advertise Available
Resources
In addition to providing funding opportunities related to HUD programs on the City’s website (See Proposed Program PP-B.4), funding opportunities will also be posted on all City social media accounts and include information on vacant surplus land currently owned by the City and information on local Opportunity Zones for the development of affordable housing (i.e., location, size, and zoning).

This program will be available for developments throughout the City, while targeting higher resource areas due to their greater competitiveness for low income housing tax credits and to promote opportunities for lower income households, with a target of approximately 70% of units developed in such areas and approximately 30% of units in lower resource areas.

Within 2 years of the
Housing Element Update
approval with Ongoing with
outreach one time per year
updates as new information
becomes available. Gather
and update funding and
vacant land information in
the first year and begin
posting updates in the
second year, with updates
as appropriate.

As reported in Table H of this APR, the City does not currently maintain any land designated a surplus. Additionally, while the City's local Opportunity Zones as outlined in the 6th Cycle Housing Element are available online as part of the Housing Element, a separate page with specific information related to Opportunity Zones is forthcoming. Anticipated by the end of calendar year 2023.

PP-F.2: Monitor Grant
Opportunities and Maximize
Grant Applications
The City will access information from HCD and other State agencies to identify grant application opportunities for affordable housing. When grant opportunities are known, the City will reach out to affordable housing stakeholders to identify projects and/or opportunities to include on grant applications.

This program will be available for developments throughout the City and will focus on developers and sites in higher resour ce areas due to the greater competitiveness for low income housing tax credits and to promote opportunities for lower income households, with a target of approximately 70% of units developed in such areas and approximately 30% of units in lower resource areas.

Perform first check by end of
FY 2022–23. Subsequent
checks will be performed
quarterly and outreach to
stakeholders will be
performed as grants
become available. Ongoing
and outreach at least one
time per year.

First check completed and review currently ongoing by the City's Homeless Solutions as well as Housing Grant staff. Specifically, PLHA, HOME(Community Housing Development Organization [CHDO]), Homekey Round 3 have been identified for upcoming years and non- profit developers have been contacted directly to by City staff to provide outreach and spark interest. HOME(CHDO) applications have subsequently been received for FY 23-24 and updates to the City's website in process to further identify grant opportunities and applicable areas.

PP-F.3: Local Housing Trust
Study the availability of local resources available to establish a Local Housing Trust, a Community Land Trust, or similar nonprofit entity. The Trust will serve the entire City, with a focus on funding development in higher resource areas due to their greater competitiveness for low income housing tax credits and to promote opportunities for lower income households, with a target of approximately 70% of units developed in such areas and approximately 30% of units in lower resource areas.

Within 4 years of the
Housing Element Update
approval
The City is currently looking into various options regarding a Local Housing Trust, including participation in a multi-agency model or creating a stand-alone Local Housing Trust specific to the City of Victorville. Effort ongoing.

PP-F.4: Recurring Notice of
Funding Availability
Issue a Notice of Funding Availability to advertise available funding for affordable housing development (as funds are availa ble). Applications will be evaluated for developments throughout the City, with a preference for higher resource areas due to their greater competitiveness for low income housing tax credits and to promote opportunities for lower income households, with a target of approximately 70% of units developed in such areas and approximately 30% of units in lower resource areas.

Annually (or as funds are
available)
The City annually issues a Notice of Funding Availability (NOFA) for its CDBG and HOME funding sources, which are available to affordable housing developments. Historically, applications are received to utilize Community Housing Development Organization (CHDO) HOME reserved funds, which are required to address affordable housing projects. Effort ongoing annually given the City's Entitlement City status by HUD as well as participation in a consortium with the Town of Apple Valley to received HOME funds directly.

PP-F.5: Community
Revitalization and
Investment Authority
Establish a Community Revitalization and Investment Authority (CRIA) in the Old Town area that would allow the City to use a portion of the property tax increment generated in that area to develop affordable housing and otherwise support the Old Town community’s revitalization, including projects to address homelessness. The CRI A would further the implementation of the Old Town Specific Plan and support new residential development in a low resource area while simultaneously supporting the enhancement of the area to promote an equitable quality of life. Improvements could include infrastructure, neighborhood walkability, access to transit, and other amenities (also Program PP-I.8). 2022
On August 17, 2021, the Victorville City Council approved the formation of the CRIA as a financial mechanism to help with the revitalization of the Old Town area as prescribed in the City's Old Town Specific Plan.The City plans to use property tax increment revenue for revitalization activities like infrastructure improvements; low- and moderate-income housing development; real property acquisition; loans or grants to owners and tenants to improve, rehabilitate and retrofit buildings; and business assistance.

PP-G.1: Publish Available
Resources
Publicize resources via the City’s website and Request for Proposals to facilitate the development of affordable City (land in Victorville owned by the City or another government entity) as resources are available. This information can be published on the Menu of Incentives/Concessions (See Proposed Program PP-B.4).

Within two years of the
Housing Element Update
approval. Gather information
in the first year and develop
the page in the second year.

Update information as
appropriate. Ongoing and
outreach at least one time
per year.

Effort ongoing. Initial efforts underway to identify available funding sources and opportunity areas in a manner that is accessible via the City's website, with upcoming goals to coordinate with the City's Economic Development Department to list available City owned sites.

PP-H.1: Housing Choice
Vouchers
Continue to refer residents interested in Housing Choice rental vouchers to San Bernardino County so renters can have access to affordable housing (also Proposed Program PP-E.1).

Ongoing with outreach one
time per year.

PP-H.2: Adopt Ordinances
and Policies that Encourage
a Diverse Housing Stock for
All Income Levels
Adopting or amending ordinances for Inclusionary Housing and permit streamlining can work together to encourage a diverse housing stock.

See other objectives for proposed activities regarding such topics.

Ongoing with outreach one
time per year. Policies will
be adopted at different
times.

See applicable APR responses.

PP-H.3: Update the City’s
Land Use Element and
Zoning Ordinance
Incorporate changes to bring the City’s Land Use Element and Zoning Ordinance into compliance with new State laws. Specifically, modify development standards and regulations to streamline and remove barriers to residential development (particularly affordable housing, accessory dwelling units (ADUs), emergency shelters, and transitional/supportive housing). These modified standards could include increasing R-4 development standards from 20 units per acre to 30 units per acre (See Proposed Program PP-A.4), reducing setback and lot coverage standards, creating objective standards, a nd waiving development impact fees, among others. Parking requirements for emergency shelters will be updated as part of the Zoning Ordinance amendment to be in compliance with California Government Code, Section 65583. Additionally, any modified standards shall be directed toward meeting the social and economic needs of the community (also Proposed Program PP-A.1).

Land Use Element will be
updated in 2022. Within 1
year and 90 days from
receipt of comments from
HCD on the draft Housing
Element to coincide with the
City’s Land Use Element
Update.

On December 20, 2022, the City Council of the City of Victorville adopted Resolution No. 22- 124, which included approval of an updated Land Use Element of the City's General Plan.

The Land Use Element Update included updates to: Low-Medium Density designations allowing single-family residential development up to 12 dwelling units per acre, Medium Density and High Density designations allowing multi-family development up to 20 and 30 dwelling units per acre, and Mixed Use designations that introduced up to 30 dwelling units per acre. The noted General Plan update is in the process of being supplemented with an update to the City’s Zoning Ordinance and Zoning Map to further modify development standards in order to streamline and remove barriers to residential development as well as comply with all applicable State laws. Completion of this program is anticipated by the end of calendar year 2023. Additionally, The Old Town Specific Plan area of the City of Victorville, which is almost entirely within a Community Development Block Grant (CDBG) target area, has been approved for a waiver of Development Impac t Fee's and Capacity charges for all projects pursuant to City Council Policy CP-22-01 effective June 7, 2022.

PP-I.1: Update the City’s
Zoning Ordinance and
Policies Related to
Emergency Shelters, Low-
Barrier Navigation Centers,
Supportive Housing, and
Group Care Facilities to
Comply with Current Laws
The City will review and update the Zoning Ordinance and related policies pertaining to emergency shelters, Low-Barrier Navigation Centers, supportive housing, and group care facilities to conform to State requirements, as modified in recent years by AB 139, AB 2162, Senate Bill 48, and other State laws. Generally, this update would allow these land uses in all of the City’s residential zones and with fewer conditions.

Specifically, the Zoning Ordinance would be amended to:
- Modify parking requirements for emergency shelters to be limited to staff working at the facility, and recognize transitional and supportive housing projects as residential use of property subject to the same restrictions as other residential property within the same zone; - Allow residential care facilities with seven or more people in zones that allow for residential uses and evaluate low density zones to assess the feasibility of permitting large residential care facilities to ensure that zoning regulations do not unduly constrain development of these facilities;
- Clarify that licensed and unlicensed residential care facilities for six or fewer persons are permitted in every residential zone that permits single family units; and
- Ensure lot coverage, parking, and maximum height requirements do not constrain he development of emergency shelters.

Within 1 year of Housing
Element adoption
The City's recent General Plan update is in the process of being supplemented with an update to the City’s Zoning Ordinance and Zoning Map to further modify development standards in order to streamline and remove barriers to residential development as well as comply with all applicable State laws. The City's Old Town Specific Plan is currently being amended to update requirements for Low-Barrier Navigation Centers and will be followed by the City's Zoning Ordinance Update as noted.

PP-I.2: Wellness and
Recuperative Center
The City’s Homelessness Solutions Task Force is planning for the development of a 168-bed Wellness and Recuperative Center, and has allocated Permanent Local Housing Allocation State grant funding as a means to fund this project. Services would include recuperative care, dining, medical services, support services, and dog boarding. 2023 Currently under construction with anticipated c ompletion in the 1st half of 2023.

PP-I.3: Other Transitional
Housing Options
Use State and federal funding to continue to provid e assistance and make provisions for development of transitional housing, shelters, single- room occupancy (SRO) housing and other forms of housing for people experiencing homelessness in the City. The City will ensure that such housing options include reasonable accommodations a nd supportive services for people with disabilities. The City will seek to encourage the development of at least one SRO development within the Planning Period.

Ongoing with outreach one
time per year
The City has utilized CDBG and HOME funds to construct and operate various forms of housing such shelters (City of Victorville Wellness Center, City of Victorville Interim Emergency Shelter, and High Desert Homeless Services), and transitional/supportive housing (Hughes Training and Development). Additionally, annual the CDBG/HOME NOFA process seeks ongoing partnerships with eligible housing pr oviders.

PP-I.4: Services for People
Experiencing Homelessness
Continue to make information about services for people experiencing homelessness available on the City’s website and at City facilities.

Ongoing with outreach one
time per year
The City maintains a Homeless Solutions webpage, where residents are provided contacts to resources within the community, including housing placement, shelters, food services, rental and utility assistance, etc. Additionally, this information is available at any publicly available computer within the City (e.g. library).

PP-I.5: Crisis Response
Protocol
Explore establishing a Crisis Response Protocol for local service providers to render rapid crisis support, including after-hour services for people experiencing or at risk of homelessness.

Within 2 years of the
Housing Element Update
approval
City of Victorville Code Enforcement is available as needed 24/7 on call as is the City's Police Department, who are able to contact the City run emergency shelter for rapid support as needed since the City is a service provider. Additionally, the City uses 211 as a coordinated entry system.

PP-I.6: Work with Developers
to Identify Innovative
Solutions/Construction
Techniques for Homeless
Housing
Provide support to developers to explore innovative solutions and techniques, such as modular construction.

Ongoing with outreach one
time per year
The City is using the upcoming Wellness and Recuper ative Center as an example for developers for alternative development type, which includes modular construction.

Additionally, the City has approved a housing development by Family Assistance Program, which will serve the youth population that is also to be developed using modular construction.

Future outreach to highlight and showcase developed examples.

PP-I.7: Shared Housing
Reach out to other California cities currently implementing shared housing programs that help match individuals experiencing or at risk of homelessness and seniors for a mutually beneficial living situation.

Individuals in need of housing can provide needed p hysical assistance around the home for seniors. Through these conversa tions and information sharing, determine the efficacy of these programs and consider establishing a pilot program in the City.

Within 2 years of the
Housing Element Update
approval
The City has partnered with the Housing Authority of the County of San Bernardino (HACSB) to complete the Desert Haven complex, which converted a hotel into a permanent supportive housing complex for the chronic homeless. Additionally, the City is seeking partnerships with the Town of Apple (already a Home Consortium partner) and other surrounding cities for possible collaboration within the operation of the upcoming Wellness and Recuperative Center.

PP-I.8: Community
Revitalization and
Investment Authority
Establish a Community Revitalization and Investment Authority in the Old Town area that would allow the City to use a portion of the property tax increment generated in that area to develop affordable housing and otherwise support the Old Town community’s revitalization, including projects to address homelessness. The CRIA would fu rther the implementation of the Old Town Specific Plan and support new residential development in a low resource area while simultaneously supporting the enhancement of the area to promote an equitable quality of life. Improvements could include infrastructure, neighborhood walkability, access to transit, and other amenities (also Policy PP-F.5). 2022
On August 17, 2021, the Victorville City Council approved the formation of the CRIA as a financial mechanism to help with the revitalization of the Old Town area as prescribed in the City's Old Town Specific Plan.The City plans to use property tax increment revenue for revitalization activities like infrastructure improvements; low- and moderate-income housing development; real property acquisition; loans or grants to owners and tenants to improve, rehabilitate and retrofit buildings; and business assistance.

PP-J.1: Cooperation with
Community-Based
Organizations
Cooperate with community-based organizations that provide services or information about services to any special needs groups, especially organizations serving low resource areas and concen trated areas of poverty. Additionally, explore the creation of a community-led taskforce that works with the City on strategies and solutions and that tracks measurable outcomes (also Proposed Program PP-Q.2).

Ongoing with outreach one
time per year. Consider a
community-led taskforce by
the end of FY 2022–23 and
cooperate with community-
based organizations on an
ongoing basis with outreach
one time per year. City staff
to implement rent
stabilization ordinance within
two years of committee
recommendations.

The City established a Homeless Solutions taskforce with membership that is comprised of representatives from community stakeholder groups, local agencies, and the City of Victorville. The Homelessness Solutions Task Force helps to identify strategic solutions, leverage funding and resources, and measure effecti veness of new and existing policies and programs designed to prevent homelessness.

PP-J.2: Displacement
Prevention
Minimize the displacement of households with lower incomes and special needs whenever possible and, where necessary, ensur e that displacement is carried out in an equitable manner.

PP-K.1: Homeownership
Education
Encourage homeownership through education, sharing information, and providing links to existing nonprofit, County, State, and federal resources on the City’s website. Many residents lack the knowledge about mortgages in addition to having limited financial resources.

Ongoing with outreach one
time per year
The City annually funds the Inland Fair Housing and Mediation Board who provide services to assist in minimizing the displacement of households within the community, including first time homebuyer classes as well as housing counseling to ensure homeowners can remain in their homes. The City also provides a Mortgage Assistance (MAP) Program, which provides down payment assistance to qualifying households. These resources are provided on the City's website and annual press-releases are issued with t he allocation of associated CDBG/HOME funding.

PP-L.1: Down Payment
Assistance Program
Continue the mortgage assistance program and maximize funding for the program. Many residents have identified the lack of funds for a down payment as a major reason for not owning a home.

Ongoing with outreach one
time per year
The City provides a Mortgage Assistance (MAP) Program, which provides down payment assistance to qualifying households. The City is also considering front end ratio adjustment to ensure availability of eligible homes and residents with the City. Eligible lenders in the MAP program are annually reviewed an updated to ensure participants are made aware of the program outside of typical City channels.

PP-L.2: Development Impact
Fee Deferral for Affordable
For-Sale Housing
Development
Explore the potential deferral of development impact fees for affordable for-sale housing developments until close of escrow .

Within 4 years of Housing
Element approval
The Old Town Specific Plan area of the City of Victorville, which is almost entirely within a CDBG target area, has been approved for a waiver of Development Impact Fee's and Capacity charges for all projects pursuant to City Council Policy CP-22-01 effective June 7, 2022. Expansion of waived fee's beyond the Old Town area under consideration.

PP-L.3: Development Impact
Fee Waiver for Old Town
Victorville Area
Explore the potential waiver of development impact fees for all types of housing within Old Town. 2024
Complete. The Old Town Specific Plan area of the City of Victorville, which is almost entirely within a CDBG target area, has been approved for a waiver of Development Impact Fee's and Capacity charges for all projects pursuant to City Council Policy CP- 22-01 effective June 7, 2022.

PP-M.1: Update and
Implement the City’s Land
Use Element
The City will update its Land Use Element to encourage lower-income housing development throughout the City, particularly in resource- advantaged areas, as well as to encourage placemaki ng, public spaces, capital improvements, active transportation infrastructure, and community amenities. The creation of the Old Town CRIA will support improvements to placemaking, public spaces, capital projects, active transportation infrastructure, and community amenities in the Old Town area, a low resource area and a racially or ethnically concentrated area of poverty.

The City will update the
Land Use Element by 2022.

Implementation will be
Ongoing with outreach one
time per year.

On December 20, 2022, the City Council of the City of Victorville adopted Resolution No. 22- 124, which included approval of an updated Land Use Element of the City's General Plan.

Additionally, on August 17, 2021, the Victorville City Council approved the formation of the CRIA as a financial mechanism to help with the revitalization of the Old Town area as prescribed in the City's Old Town Specific Plan. Implementation of the updated Land Use Element and the Old Town CRIA ongoing.

PP- N.1: Create and
Implement Environmental
Justice Element
The creation of the Environmental Justice Element will provide opportunities for increased community participation and feedback in the process and establish guidelines and recommendation s to encourage community participation and feedback in future City efforts. This program will particularly benefit disadvantaged areas (also Proposed Program PP- Q.1).

The City will update the
Environmental Justice
Element by 2022.

Implementation will be
ongoing with outreach one
time per year.

On December 20, 2022, the City Council of the City of Victorville adopted Resolution No. 22- 124, which included approval of an Environmental Ju stice Element of the City's General Plan.

Implementation beginning.

PP- N.2: Consider Providing
Interpretation Services for
Public Meetings
Consider providing Spanish interpretation during public meetings to increase participation through language accessibili ty.

The City will consider
providing interpretation
services in 2021. If
approved, interpretation
services will be ongoing with
outreach one time per year.

Consideration ongoing in conjunction with the City Council biennial review of their Policy and Procedures Manual. Many public meetings provide interpretation upon request (e.g.

CDBG/HOME public participation meetings) in accordance with the Citizen Participation Plan.

PP-O.1: Enforce Existing
Building and Safety Code
Continue to enforce the existing Building and Safety Code, as required through existing—and, if necessary, expanded—code enforcement efforts (also Proposed Program PP-D.1).

Ongoing with outreach one
time per year
Effort ongoing. On December 6, 2022, the City Council adopted Ordinance No. 2432 in order to implement the most recent version of the Title 24 California Building Code, which allows ongoing enforcement with all current requirements.

PP-O.2: Safe Housing
Conditions Education
Collaborate with local community organizations, especially those serving lower resource areas, to educate Victorville residents on safe housing conditions and equip them with the necessary tools to report such conditions to code enforcement officials. This woul d include annual outreach to local community organizations to organize educational events for, and deliver educational materials to, the local community.

Identify local community
organizations by end of FY
2022–23. Outreach to local
organizations on an annual
basis afterward.

The City annually funds the Inland Fair Housing and Mediation Board who provide services to assist in minimizing the displacement of households within the community, including education to Victorville residents on safe housing conditions and information on the necessary tools to report such conditions to code enforcement officials.

PP-O.3: Priority for Water
and Sewer Services and
Delivery of Housing Element
Consistent with SB 1087, the City will establish a written procedure to provide affordable housing with priority for water and sewer services.

Additionally, in accordance with Government Code, Section 65589.7, as revised in 2005, immediately following City Council adoption, the City must deliver a copy of the 2021–2029 Housing Element to all public agencies or private entities that provide water or sewer services to properties within the City.

Establish affordable housing
priority procedure within one
year of adoption of the
Housing Element. Deliver
Housing Element to water
agencies immediately after
Housing Element adoption
and no later than the end of
FY 2021–22.

All water and sewer providers within the City are City entities and have been provided access to the adopted Housing Element. Written procedure to provide affordable housing with priority for water and sewer services likely to be included in upcoming Zoning Ordinance Update being prepare for review/approval prior to the end of calendar year 2023.

PP-P.1: Change Zoning in
Appropriate Commercial and
Residential Zones
Pursuant to Chapter 8, Adequate Sites Inventory Analysis and Methodology, of this Housing Element, rezone certain commercial zones in the West City, Baldy Mesa, Golden Triangle, and East Bear Valley Planning Areas, as well as the 7th Street Commercial corridor to permit mixed-use development, in some cases allowing residential development up to 30 dwelling units per acre. The City is undertaking this rezoning effort to encourage lower-income housing developmen t in resource- advantaged areas and to encourage revitalization of deteriorated commercial areas throughout the City. Where rezoned areas include sites in the Site Inventory, the new zoning will permit owner-occupied and rental multifamily uses by right for developments in which 20% or more of the units are affordable to lower income households and will comply with the other by-right provisions of Government Code 65583.2 (h) and (i) (also Proposed Program PP-A.4).

Within 1 year and 90 days
from receipt of comments
from HCD on the draft
Housing Element, to
coincide with the City’s Land
Use Element Update.

On December 20, 2022, the City Council of the City of Victorville adopted Resolution No. 22- 124, which included approval of an updated Land Use Element of the City's General Plan.

The Land Use Element Update included updates Medium Density and high Density designations allowing multi-family development up to 20 and 30 dwelling units per acre, and Mixed Use designations that introduced up to 30 dwelling units per acre. The Mixed Use designations will be further outlined with an update to the City’s Zoning Ordinance and Zoning Map, which is anticipated to be completed by the end of calendar year 2023. The Mixed Use zoning will be developed in a manner consistent with the subject program.

PP- Q.1: Create and
Implement Environmental
Justice Element
The creation of the Environmental Justice Element will provide opportunities for increased community participation and feedback in the process and establish guidelines and recommendation s to encourage community participation and feedback in future City efforts. This program will particularly benefit disadvantaged areas (also Proposed Program PP- N.1).

The City will update the
Environmental Justice
Element by 2022.

Implementation will be
ongoing with outreach one
time per year.

On December 20, 2022, the City Council of the City of Victorville adopted Resolution No. 22- 124, which included approval of an Environmental Ju stice Element of the City's General Plan.

Implementation beginning.

PP-Q.2: Cooperation with
Community-Based
Organizations
Cooperate with community-based organizations that provide services or information about services to any special needs groups. Additionally, explore the creation of a community led taskforce that works with the City on strategies and solutions and that tracks measurable outcomes (also Proposed Program PP-J.1).

Consider a community-led
taskforce by the end of FY
2022–23 and cooperate with
community-based
organizations on an ongoing
basis with outreach one time
per year.

PP-Q.3: Uphold Fair Housing
Laws
Continue to contract with the Inland Fair Housing and Mediation Board to provide investigation and counseling assistance to address the alleged violations of federal and State housing laws.

Ongoing with outreach one
time per year
The City annually funds the Inland Fair Housing and Mediation Board through CDBG grant funds.

PP-Q.4: Refer Redlining
Complaints
Continue to follow the established protocol for referral of residents with redlining complaints to the appropriate authority
Ongoing with outreach one
time per year
The City annually funds the Inland Fair Housing and Mediation Board through CDBG grant funds, which are used to assist residents applicabl e complaints.

PP-Q.5: Encourage Special
Needs Housing
The City will encourage housing for special needs households, including persons with disabilities, including developmental disabilities. The City will proactively grant and/or assess the feasibility of:
o Adopting priority processing;
o Granting fee waivers or deferrals;
o Modifying development standards;
o Granting concessions and incentives for housing d evelopments that include units affordable to special needs household s;
o Assisting, supporting or pursuing funding applications (See Objective F for programs related to funding); and
o Pursuing outreach and coordination with affordabl e housing developers (See Objective F for programs related to funding).

Annual; Begin efforts in FY
2022–23.

The City continues to solicit application for eligible services population to provide associated housing and services in conjunction with annual CDB G/HOME grant funds. Efforts ongoing.

PP-Q.6: Remove Barriers for
Renters
The City will review local ordinances and work to remove any barriers that keep residents from accessing safe and afforda ble housing, such as redlining and crime-free multifamily housing ordinances.

Review local ordinances by
end of FY 2022–23 and
make appropriate changes
by the end of FY 2023–24
Review of local ordinance underway with the potential for adjustments as needed in conjunction with the City's Zoning Ordinance updated expected for completion by the end of calendar year 2023.

Jurisdiction Victorville ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name +
Local
Jurisdiction
Tracking ID +
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
Jurisdiction Victorville ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1 +.

For detailed reporting requirements, see the chcklist
here:

Extremely Low-
Income + Very Low-Income + Low-Income + TOTAL UNITS +
Extremely Low-
Income +
Very Low-
Income + Low-Income + TOTAL UNITS +
https://www.hcd.ca.gov/community-
development/docs/adequate-sites-checklist.pdf
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA +
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
Item Number: 11
City Council / Board of Directors
Written Communications
Meeting of: March 21, 2023
Submitted By:

Keith C. Metzler, City Manager

Subject:

Consultant/Professional Services Provider Agreement with LPA, INC. for the Design of a New Police Station and Civic Plaza
Recommendation:

That the Honorable City Council approve a Consultant/Professional Services Provider Agreement with LPA, INC. (LPA) in the amount of $382,126.00 to develop a conceptual design for a new Police Station and Civic Plaza.

Fiscal Impact:

This action will result in a fiscal impact of $382,126.00. This project will be funded through the American Rescue Plan Act (ARPA) account 2770010-55060-97080. No additional appropriation is required to this account.

Strategic Plan Goal:

This item aligns with Goal B, Public Safety and Goal E, Invest in Infrastructure. Goal B, Public Safety, focuses on implementing public safety strategies to support a thriving and growing community. Goal E, Invest in Infrastructure, focuses on creating a healthy and livable community by maintaining the City’s assets through investment in infrastructure and innovations.

Background:

Since 2001, the City of Victorville has housed its Police headquarters at 14200 Amargosa Rd. At that time, the 15,828 square-foot single-story concrete structure supported 57 sworn officers, serving a population of 67,854 citizens. Today, the sworn staffing of the Police Department has nearly doubled to 105 members, providing services to a community of approximately 135,000, all while working in the 15,828-square-foot building.

The City of Victorville has determined that the current Police Station cannot house additional personnel. The facility has been remodeled numerous times to accommodate 3 0
3 6
staffing increases throughout the years and is unable to increase personnel due to the lack of space in the existing footprint. In addition to housing personnel, the Police Department is confronted with insufficient parking for department and staff vehicles.

There are 114 parking stalls available for the Police Department and approximately 150 needed spaces to accommodate daily operations.

A new Police Station is required to provide and sustain the current level of public safety services for the City for the long-term benefit of Victorville residents. To meet the needs of the Police Department, a new Police Station is desired. Specific organizational challenges caused by the shortage of adequate office and parking space include the following:
· Lack of lockers and locker room space
· Inadequate conference room space
· No space for a real-time command center
· Overcrowded briefing room
· No training room
· No dedicated report writing room (currently sharing an open space) · No detention cells for arrestees
· Lack of interview rooms for victims and witnesses
· Lack of storage space for evidence
· Lack of restroom facilities, both male and female
· No emergency operations center/community meeting room · Overcrowded parking lot
· Unable to expand staffing
Discussion:

On May 18, 2022, the City issued a Request for Proposals (RFP) for Design Services for the Design and Construction of a New Police Station (RFP CC23-004). The RFP was posted on the City’s website, advertised on Ebidboards.com, and published in the newspaper. On September 15, 2022, the City of Victorville received ten submittals in response to RFP CC23-004. A selection committee comprised of City staff from the City Manager, Police, Building, Engineering, and Planning Departments thoroughly reviewed each proposal. Based on their initial review of the proposals, the selection committee selected the top three submittals and invited the consultants to participate in an interview at City Hall in the Council Chambers. These interviews were conducted on November 22, 2022, with LPA, Holt Architecture, and Coar Design Group. After the interview, it was evident the selection committee was interested in having a second interview with the top two consultants to answer follow-up questions from their presentations. LPA and Coar agreed to said interview, and the selection committee held the second interview with Coar at their business in San Diego on December 12, 2022, and LPA on December 21, 2022, in Irvine.

The RFP identified this project with a three-phased approach; Phase I Programming/Conceptual Plan Development/Due Diligence Activities, Phase II Schematic Design, and Phase III Final Design and Construction Administration Services. 3 0
3 6
It is the recommendation of the selection committee to proceed with Phase I to determine the complete design concept and the construction cost estimate for this project. Phase II & III will only be awarded once Phase I is complete, there is assured funding, and the City Council approves the said design. Furthermore, the RFP asked the consultant to determine the best suitable site for the new Police Station. The potential locations were identified as the parking lot south of City Hall and across from City Hall, where there are nine vacant parcels at approximately 2.5 acres. LPA determined the vacant property across from City Hall to be the preferred site as the site is ready for construction, has multiple secure access points, and can be accessed from two streets.

The proposed building is projected to be at least 50,000 square feet. This number is derived from the Hesperia Police Station, which is approximately 43,000 square feet. City and Police staff visited the Hesperia Station to conduct a site tour to determine the efficiencies and inefficiencies of the building and how space could be better improved for the Victorville Police Station. More than triple the size of the current Victorville Police Station, staff anticipates a building larger than 50,000 square feet will provide adequate space for Police operations and still allow for future growth and expansion of the department. LPA will perform an assessment in Phase I identifying the staff and space projections by verifying existing data. An analysis will then be performed calculating the City’s population projections and how the Department’s sworn officer and capita counts relate over an agreed upon planning window.

In addition to the Police Station, LPA will incorporate a Civic Plaza design comprising civic memorial spaces, a holiday tree lighting area, and enhanced pedestrian connections. Having a Civic Plaza creates opportunities for the public to be active in the community and engage in social interaction. The objective of this design will allow the City to host several events throughout the year at this location, including Fall Festival, National Night Out, and other City events. The Design Team will also consider if sufficient space exists to accommodate certain growth opportunities for the Fire Department.

Staff believes LPA will meet project expectations due to relevant project experience having previously completed multiple Public Safety and Police Station projects, including the High Desert Government Center, Hesperia Police Station, Beaumont Police Station, and the San Bernardino County Valley Communications Center. LPA operates under a one firm multi-studio integrated design process which includes the firm’s in-house engineers, interior designers, and landscape architects from the earliest stages, helping to solve problems in a timely fashion. LPA also has experience designing Civic Centers, which will provide a centralized location for City functions and events.

Staff recommends that the Honorable City Council approve the Consultant/Professional Services Provider Agreement with LPA, INC. in the amount of $382,126.00 to develop a conceptual design for a new Police Station. Staff remains available for any questions or comments you may have.

Attachments: A. Consultant Agreement
B. Draft Conceptual Design

Attachment A
Consultant Agreement
1 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND
LPA, INC.

FOR

DESIGN SERVICES FOR NEW POLICE DEPARTMENT STATION,
PHASE I, PROJECT CC23-004

THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this __________________ day of ______________, 20___, for reference purpose only, is made and entered into by and between THE CITY OF VICTORVILLE, a California municipal corporation and charter city located in the County of San Bernardino, hereinafter referred to as the “City”, and LPA, INC., a California corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”

RECITALS:

WHEREAS, the City issued a Request for Proposals , including five (5) addenda (the “RFP”) for Project CC23 -004 seeking Consultant/Professional Services to provide Design Services for New Police Department Station; and

WHEREAS, the scope of services in said RFP was separated into three phases, Phase I of which was Programming / Conceptual Plan Development / Due Diligence Activities (hereinafter “Phase I”); and

WHEREAS, the second and third phases were designated in the RFP as optional, to only be awarded if and when funding became available and upon the City’s election to move forward after the completion of Phase I; and

WHEREAS, Consultant submitted a proposal dated September 15, 2022 (the “Proposal”) in response to the RFP which the City has reviewed and evaluated in accordance with the standards set forth in the RFP; and

WHEREAS, the City desires at this time to implement Phase I; and

WHEREAS, Consultant represents that it is fully qualified and licensed to perform the consulting and/or professional services required for performance under this Agreement by virtue of its experience and the training, education, and expertise of its principals and its employees ; and

WHEREAS, in light of the facts set forth above, the City desires to retain Consultant to provide Design Services for New Police Department Station, Phase I of Project CC23-004 on an independent contractor basis in accordance with the terms and provisions set forth in this Agreement.

2 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS

The Recitals set forth above are true and correct and together with any definitions set forth therein are hereby incorporated into this Agreement by this reference, as though set forth fully herein.

Section 2. SCOPE OF SERVICES

Consultant shall provide to the City those services set forth in the Scope of Services attached hereto as Exhibit “A” and incorporated as part of this Agreement by this reference.

Section 3. COMPENSATION

The City shall pay to Consultant a total sum not to exceed THREE HUNDRED EIGHTY- TWO THOUSAND ONE HUNDRED TWENTY -SIX AND 00/100 DOLLARS ($382,126.00) for faithful performance of the services to be rendered under this Agreement, subject to the provisions of Section 4, below. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”, below; (ii) appear on Consultant ’s monthly invoices to City ; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.

Section 4. COST PROPOSAL – PHASE I

The City shall pay Consultant as provided in the Cost Proposal provisions of Consultant’s Proposal, which are attached hereto as Exhibit “B” and incorporated as part of this Agreement by this reference, but only with respect to the provisions of said Cost Proposal relating to Phase I, and further subject to the provisions of Section 5 of this Agreement. The provisions of Exhibit “B” notwithstanding, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which include, if applicable, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) days following receipt of Consultant’s invoice.

Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS

a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the City has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the project is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of 3 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I

per diem wages are also available from the State of California via the internet at http://www.dir.ca.gov/DLSR/PWD. Consultant and its subconsultants/subcontractors shall pay not less than said specified prevailing rate of per diem wages to all workers employed by them in the performance of any work under this Agreement which constitutes “public works” or “public work”, including without limitation, the Design Services for New Police Department Station as set forth in the attached Scope of Services, and any other work or services described in or encompassed by California Labor Code (“ Labor Code”) Sections 1720 through 1720.9, 1771, and 1772.

Consultant shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly. An error on the part of any awarding body does not relieve the Consultant from the responsibility for payment of the correct prevailing wage, or compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq.; Labor Code Section 1810 et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws.

b. Designation as Consultant Not Determinative. For purposes of this Agreement, Consultant its subconsultants or subcontractors shall be subject to and shall comply with all provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a Consultant or subconsultant herein.

c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Section 5 and the terms of Exhibit “A” or Exhibit “B” of this Agreement, the provisions of this Section 5 shall control, and nothing herein shall be considered as an acceptance of the terms of Consultant’s Scope of Services, Scope of Work, or Cost/Bid Proposal which conflict with the provisions of this Section 5.

d. Payroll Records. Consultant and its subconsultants/subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “ Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR. (1) C onsultant and Subconsultant/Subcontractor Obligations. Consultant and each subconsultant or subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

(a) The information contained in the payroll record is true and correct; and

(b) Consultant and or subconsultant/subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the project.

(2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to the City, to the Division of Labor Standards Enforcement, to 4 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I

the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.

(3) Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Consultant and/or subconsultant/subcontractor has ten days in which to comply with the requirements of this section. If Consultant and/or subconsultant/subcontractor fails to do so within the ten- day period, Consultant and/or subconsultant/subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Consultant and/or subconsultant/subcontractor.

(4) Payment of Invoices. Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the City. Payment of the invoice may be delayed when payroll -related documents and/or lien releases are not included with the invoice.

e. Apprentices. Consultant is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.

f. Notices. Pursuant to Labor Code section 1771.4, Consultant is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation.

g. Other Labor Requirements. Consultant has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq ., the Regulations, and all other applicable State labor laws. Consultant further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Consultant shall require the same of all its subconsultants or subcontractors. Pursuant to Labor Code Section 1735, Consultant shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every consultant for public works who violates this section is subject to all the penalties imposed in Labor Code sections 1720 through 1861.

h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows:

(1) Pursuant to Labor Code section 1775, the Consultant and any subcontractor/subconsultant under it shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any subcontractor/subconsultant under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Consultant and/or subconsultant/subcontractor as provided for in Section 1775.
5 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I

(2) Pursuant to Labor Code Section 1813, Consultant and its subconsultants or subcontractors shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the execution of this Agreement by the respective Consultant or subconsultant/subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.

i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, this Agreement is subject to compliance monitoring and enforcement by the DIR.

j. DIR Registration . Pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and its subconsultants/subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Consultant represents that it is aware of the registration requirement and is currently registered with the DIR.

Consultant shall maintain a current registration for the duration of the Agreement. Consultant shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subconsultants/subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration thereof.

Section 6. TERM OF AGREEMENT

This term of this Agreement shall be for an Initial Term of FOUR (4) MONTHS , commencing on April 1, 2023 (the “Commencement Date”) and expiring on July 31, 2023 (the “Termination Date”) (the “Term”), unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent Agreement by the Parties, this Agreement may continue on a month- to-month basis until terminated pursuant to Section 21 below.

Section 7. INDEPENDENT CONTRACTOR STATUS

a. It i s the express intention of the P arties that Consultant is an independent contractor and not an employee, agent, joint venture , or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or any employee or agent of Consultant.

Both Parties acknowledge that Consultant is not an employee for state or federal tax purposes or any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement.

b. Consultant will not have any public contracting duties or responsibilities pursuant to the services to be performed under this Agreement.

Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF

CONSULTANT

a. Consultant represents and acknowledges the following:

(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
6 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I

(2) Performance of the services described in this Agreement do not have to be integrated into the daily business operations of the City.

(3) The services described in this Agreement can be performed without the use of City equipment, materials, tools, or facilities, unless otherwise provided under a separate Agreement.

(4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.

(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Consultant to perform the services described in this Agreement.

(6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City.

(7) Consultant will not determine the scope of any subsequent design service contracts to be entered into by the City following the completion of the services set out in this Agreement.

b. The City represents and acknowledges the following:

(1) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement.

(2) The City will not hire, supervise, be responsible for, or pay any employees or assistants working for Consultant pursuant to this Agreement . Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees or assistants after termination of this Agreement.

(3) Nothing in this Agreement shall be interpreted to imply that Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.

(4) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement.

(5) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement.

(6) Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at City Hall or on City-owned property.

(7) Other than attendance at required public meetings and public hearings, and complying with the provisions of the Scope of Service set forth in Exhibit “A” and any procedural requirements set forth by law, Consultant is not required to perform the services set forth in this Agreement in any particular order or sequence.

7 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I

(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.

Section 9. NOT AGENT OF THE CITY

a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent.

b. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.

c. Consultant will not have any authority to, nor shall Consultant negotiate contracts or make purchases on City’s behalf.

Section 10. LICENSES AND PERMITS

Consultant represents that it has obtained and will maintain at all times during the I nitial Term ( and during the Option Period, if applicable) of this Agreement all business licenses, including but not limited to a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement.

Section 11. STANDARD OF PERFORMANCE; WARRANTY

a. Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to Tony Camargo, Assistant to the City Manager, or his designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care.

b. In accordance with the standard of care set forth in the first sentence of S ection

11.a, the Consultant agrees that it:

(1) Has thoroughly reviewed and considered the services and work to be performed;

(2) Has reviewed the issues regarding the scope of services to be provided;

(3) Has carefully considered how the services and related work should be performed; and

(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.

Section 12. FAMILIARITY WITH WORK

Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Consultant shall immediately inform 8 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I
the City of such fact and shall not provide any services, except at Consultant 's risk, until written instructions are received from the Project Manager.

S ection 13 . CONFLICTS OF INTEREST
Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement. Consultant further covenants that in the performance of services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City. Consultant shall als
o further comply with and is bound by the conflic t of interest provisions set forth is Section

5.h of the Federal Funding/Grant Requirements Rider attached hereto as Exhibit “C” (see Section 26 of this Agreement).

Section 14. COMPLIANCE WITH LAWS
C
onsultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board memb ers. Provider and its subconsultants shall comply with: the Fair Employment and Housing Act (Gov. Code §12900 et seq.) and the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.) .

Consultant shall not hire or employ any person to perform work within the City or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. The Consultant and all subcontractors shall also comply with the requirements of the Drug- Free Workplace Act of 1990 (Government Code Sections 8350 et seq .). To the extent that the requirements of the Federal Funding/Grant Requirements Rider in Exhibit “C” impose requirements similar to those in State Law, Consultant shall comply with the stricter of the State and Federal laws.

Section 15. C OMMERCIAL GENERAL AND AUTOMOBILE LIABILITY

INSURANCE
a. C
onsultant shall procure and maintain at its own expense, during the I nitial Term of this Agreement (and during the Option Period, if applicable) , Commercial G eneral Liability Insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Consultant or its officers, employees, servants, volunteers, and agents and independent contractors.
b. C
onsultant shall further procure and maintain, at its own expense, during the Initial Term of this Agreement, (and during the Option Period, if applicable), Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.
9 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I
Section 16. WORKERS' COMPENSATION INSURANCE
a. C
onsultant shall procure and maintain at its own expense, during the I nitial Term of this Agreement ( and during the Option Period, if applicable), W orkers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law. b. I
f any class of employees employed by the Consultant pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City.

Section 17. PROFESSIONAL LIABILITY INSURANCE
a. P
rofessional Liability Insurance or Errors and Omissions insurance as appr
opriate to Consultant’s profession shall be required and written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors and omissions of the Consultant in the performance of the services required by this Agreement. A mini mum limit of $1,000,000 per claim and in the aggregate must be provided.

Section 18. ADDITIONAL INSURED
N
otwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.

Section 19. WAIVER OF SUBROGATION RIGHTS
C
onsultant shall require the carriers of all required insurance policies, with exception to Professional Liability, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

Section 20. PROOF OF INSURANCE COVERAGE; REQUIRED

ENDORSEMENTS
a. C
onsultant shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least one (1) business day prior to the commencement of any services to be performed under this Agreement. b. The
policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
c. E
ach policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
10 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I
d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term (and during the Option Period, if applicable), of this Agreement.
e. The C
ommercial General Liability and Vehicle Liability policies shall be endorsed t
o contain the following provision: “For any claims related to this Agreement, Consultant’s coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Consultant’s insurance and shall not contribute with it.” Section 21. TERMINATION OR SUSPENSION
a. Thi
s Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) day
s advance written notice of such termination or suspension. In the event of suc h t
ermination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. Thi
s Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.

Section 22. TIME OF THE ESSENCE
Ti
me is of the essence in the performance of this Agreement, provided that Consultant shall not be liable for any delays beyond its and its subconsultants’ reasonable control.

Section 23. INDEMNIFICATION
a. E
xcept as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, (but not including the City’s construction contractors or other consultants) and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees. b. The
provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (
1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's 11 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I
duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement. (
2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference.

Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees , or any other party for whom Consultant is not legally liable.
c. The C
ity does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
d
. The obligation to indemnify and defend, as set forth in this Section 23, is bindi ng on t
he successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.

Section 24. REPORTS
U
pon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant 's performance of the services required by this Agreement.

Section 25. RECORDS
a. C
onsultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Project Manager, to evaluate the cost and the performance of such services.
b. B
ooks and records pertaining to costs shall be kept and prepared in accordanc e w
ith generally accepted accounting principles.
c. The P
roject Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. R
ecords and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to the Project Manager for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
12 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I
Section 26. FEDERAL FUNDING/GRANT REQUIREMENTS RIDER
The R
FP for Project CC23-004 included a SECTION E - FEDERAL FUNDING/GRANT REQUIREMENTS RIDER which placed Consultant on notice that the Project, and any agreement or contract awarded pursuant to the RFP was being funded in whole or in part with federal assistance under the American Rescue Plan Act (the “ARPA”) Pub. L. No. 117 -2 (March 11, 2021); specifically, Sections 602 and 603 of the Social Security Act (the “ Act”) as added by Section 9901 of the ARPA, which established the Coronavirus State and Local Fiscal Recovery Funds (the “CSLFRF”). Said Federal Funding/Grant Requirements Rider (signed and submitted by Consultant with its response to the RFP) is attached hereto in its entirety as Exhibit “C” and incorporated as part of this Agreement by this reference . Consultant shall comply with all requirements and provisions of Exhibit “C”.

Section 27. CONFIDENTIALITY; OWNERSHIP OF WORK
a. A
ny and all documents and information obtained from the City or prepared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to the City upon termination of the Agreement.
b. A
ny drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval o f the Project Manager , or as required by applicable law.
c. C
onsultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of the Project Manager, or as required by applicable law.
d. A
ll original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the pr operty of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested b y the Project Manager.

Such materials may be used, reused, or otherwise disposed of by the City without the permission of Consultant.
e. A
ll of the materials/work produced by Consultant under this Agreement shall be t
he property of the City to be utilized to inform the City’s key decision makers. f
. Consultant’s covenants under this Section 27 shall survive the termination of this Agreement.

Section 28. PRINCIPAL REPRESENTATIVES
a. Jer
emy Hart, Associate Principal, Director of Civic + Cultural, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement. b. The
Project Manager ( Tony Camargo, Assistant to the City Manager, or his designee) shall be the principal representative of the City for purposes of communicating with 13 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I
Consultant on any matter associated with the performance of the services set forth in this Agreement.
c. E
ither Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.

Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES a. Thi
s Agreement may be modified or amended only by a written instrument signed by
both Parties.
b. D
uring the Initial Term of this Agreement or any extension thereof, the City may r
equest that the Consultant perform Extra Services. As used herein, " Extra Services" means any services, which are determined by the City to be necessary for the proper completion of the Design Services for New Police Department Station, Phase I , but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.

Section 30. ENTIRE AGREEMENT
a. Thi
s Agreement supersedes any and all prior or contemporaneous Agreement s, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. Thi
s Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement. c. No
Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.

Section 31. AMBIGUITIES
Thi
s Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted agains t either of them.

Except as expressly limited by this Section, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.

N
otwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies , or conflicts between the terms of this Agreement and Exhibit “B”, the terms of this Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Agreement.
14 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I
Section 32. NOTICES
a. A
ny notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

To t
he City: Tony Camargo, Assistant to the City Manager
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To C
onsultant: Jeremy Hart, Associate Principal,
Director of Civic + Cultural
5301 California Ave., Suite 100
Irvine, CA 92617
b. N
otices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 33. NON-LIABILITY OF CITY OFFICERS AND

EM PLOYEES
N
o officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Consultant or to its su ccessor(s), or for any breach of any obligation of the terms of this Agreement.

Section 34. REVIEW BY ATTORNEYS
E
ach Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.

Section 35. WAIVER
a. N
o waiver shall be binding unless executed in writing by the Party making the waiver.
b. N
o waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Fai
lure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
15 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I
Section 36. ASSIGNMENT
Thi
s Agreement shall not be assigned by either Party without prior written consent of the other Party.

Section 37. CARE OF WORK
The per
formance of services by Consultant or the payment of money by the City shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City , when such incomplete, inaccurate , or defective work is due to the negligence of Consultant.

Section 38. CAPTIONS AND HEADINGS
The c
aptions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
E
xcept as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.

Section 40. GENDER
I
n this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

Section 41. SEVERABILITY
I
f any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 42. GOVERNING LAW
The v
alidity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 43. DEFAULT
a. Fai
lure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided how ever, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
16 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I
b. The P
arty claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. A
ny failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. I
n the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

Section 44. CUMULATIVE REMEDIES
E
xcept with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.

Section 45. VENUE; DISPUTE RESOLUTION
a
. All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
b.

In the event of a dispute between the P arties as to performance of Consultant’s services, the interpretation of this Agreement, payment or nonpayment for services performed or not performed, or for disputes with respect to whether or not Consultant is in default, the Parties shall (if informal attempts, such as discussions between senior leadership of the Parties, have not resolved the dispute) attempt to resolve the dispute either informally or through a non-binding mediation process before resorting to litigation. Such informal attempts should include at least one meeting between senior leadership within ten (10) days of a written request of the Party that has a dispute being transmitted to the other Party, and the P arties shall make good faith efforts to resolve the dispute during said meeting or any further meetings that senior leadership may agree to attempt to resolve the dispute before resorting to non-binding mediation. If Consultant performs diligently to completion, City agrees to make progress payments as called for herein. If the dispute is not resolved, Consultant agrees that it will neither rescind the Agreement nor stop the progress of its services, as long as the City continues to make payments on all invoices and shows a good faith effort to resolve the dispute by non-binding mediation or other means.

Section 46. ATTORNEYS’ FEES
I
n the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be 17 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I
entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 47. EFFECTIVENESS OF AGREEMENT
Thi
s Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Consultant , approved by the City ’s Risk Manager, and executed by the authorized City personnel or Mayor.

S ection 48. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING

AGREEMENT
a
. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b
. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.

Section 49. COUNTERPARTS
Thi
s Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. [E
ND OF THIS PAGE – SIGNATURE PAGE FOLLOWS]
18 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I
I
N WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

TH
E CITY OF VICTORVILLE LPA, INC.

B
y:______________________________ By:_____________________________ Debra Jones, Jon Mills,
Mayor Chief Operating Officer
Da
te : ___________________________ Date: __________________________ A
TTEST
B
y:______________________________
Jennifer Thompson,
City Clerk
Da
te: ___________________________
THE CITY OF VICTORVILLE APPROVED AS TO FORM:

By: _______________________________ By: ____________________________ John P reston, Andre de Bortnowsky,
Risk Manager City Attorney
Date: ______________________________ Date: __________________________ 19 EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide the following Phase I services for the project described in the RFP:

Phase I – Programming / Conceptual Plan Development / Due Diligence Activities Consultant shall assist t he City i n defini ng t he sco pe and budget o f th e project and provide operations and program assistance to produce an efficient and effective facility.

1. Consultant shall visit and familiarize themselves with the City’s current Police Station and Corporate Yard facilities.

2. Review initial programming documentation associated with a new facility.

3. Meet
with the Police staff and other selected City stakeholders to review program requirements and to confirm the current and future needs of the Police. Prepare a “Program of Spaces” documenti
ng room by room, functional needs, and adjacencies to be used as the design program.

Programming
recommendations shall include identifying operational efficiencies and adjacencies whic
h may be achieved by constructing a new facility. Recommendations may include reorganization of
operations and spaces to meet c urrent industry standards for public safety facilities.

4. A
ssess the c urrent conditions as sociated with the Police Department and Corporate Yard.

Issues to consider may include, but are not limited to; over occupancy, up to current building and safety
codes, asbestos and lead free, parking, etc.

5. Prepare documentation to
justify the needs to the City.

6. Prepare a s urvey to determine the best suitable site for the new station (Either on property south of
City Hall or on property to the West of City Hall).

7. Identify
the site for the new facility with conceptual level cost estimates for each site.

8. Evaluate each site and identify the advantages and disadvantages of each.

9. Determine if
a single story or multi-story building is suitable.

10. Demonstrate the ability to incorporate a civic memorial space and tree lighting site through the modifications to the property south of City Hall or in connection with the new facility w est of City Hall.

11. Assist the City in selecting a preferred site that will also accommodate the numerous City events that take place on City Hall property. Events include, but are not limited to; Fall Fes tival, Tree Lighting, Halloween Candy Giveaway, and MLK March, therefore, the Firm s hall also consider the relocation of City owned memorial monuments.

12. Utilizing the preferred site, prepare a c onceptual plan for the future site. Any c onceptual-
design work performed by Consultant shall be based on the input and guidance it receives from the City and other stakeholders designated by the City. The plan shall identify a preferred conceptual building and s ite plan consisting of office/office support ar eas, employee facilities (locker/shower/toilet/muster), material storage areas, wash area, and vehicle/equipment storage area.

Work shall include identifying potential reorganization of the current site functions to improve efficiency and security at the site. Site function to be evaluated include, but are not limited to, site circulation,
bulk material storage areas, and public/employee parking areas. In connection with Consultant/Professional Services Agreement/LPA, Inc. , Project CC23-004/Police Station Design Services, Phase I
20 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I
the site modifications, evaluate reducing travel lanes along Civic Drive approaching the subject site and City Hall to reduce speeds, accommodate a civic plaza comprised of civic memorial spaces, holiday tree lighting area and enhanced pedestrian connections. A construction phasing plan shall also be developed to demonstrate how the new facility can be constructed while maintaining nearby operations.

13. P
rovide subsurface exploratory soil borings on site to confirm subsurface conditions and provide design data for foundations.

14. C
onduct preliminary permitting activities consisting of a zoning analysis and meetings wit h t
he permitting authorities (Planning Staff and Building Official). Use the data from the meeting to develop an outline of the permitting activities to be completed in the next phase of the project.

15. I
dentify potential alternative energy solutions and sustainable design elements that may be incorporated into the new facility to assist the community in developing an energy efficient facility.

16. P
rovide a conceptual cost estimate for the preferred site, to be presented to the City Council.

17. M
eet with various City departments as necessary to assist in demonstrating the need, identifying the benefits of a new facility, and obtaining project approval.

18. Prepare a color rendering of the proposed Police Station (which will be in high resolution , av
ailable in electronic format, and fit for reproduction) and be available to assist the City Staff with making a final presentation to the City Council for approval of the program, the preferred site, the conceptual design, and the conceptual cost estimate.
21 Consultant/Professional Services Agreement/LPA, Inc., Project CC23-004/Police Station Design Services, Phase I

EXHIBIT B

COST PROPOSAL, PHASE I
(ONLY PHASE I SERVICES AND PHASE I COST

AMOUNTS ARE COVERED BY THIS AGREEMENT)

See Attachment

EXHIBIT B, CONSULTANT'S PROPOSAL, PHASE I ONLY, PROJECT CC23-004 22/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 EXHIBIT B, CONSULTANT'S PROPOSAL, PHASE I ONLY, PROJECT CC23-004 23/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 EXHIBIT B, CONSULTANT'S PROPOSAL, PHASE I ONLY, PROJECT CC23-004 24/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 25 Consultant/Professional Services Agreement/LPA, Project CC23-004/Police Station Design Services, Phase I

EXHIBIT C
FED

ERAL FUNDING/GRANT

REQUIREMENTS RIDER
See A
ttachment

CITY OF VICTORVILLE, CALIFORNIA
R

FP FOR DESIGN SERVICES FOR NEW PD STATION
PROJECT CC23-004

SECTION E - FEDERAL FUNDING/GRANT REQUIREMENTS RIDER

1. Consultant is hereby advised and acknowledges that the Pro ject, and any agreement or contract awarded pursuant to this RFP, is being funded in whole or in part with federal assistance under the American Rescue Plan Act ( the “ARPA”) Pub. L. No. 117 -2 (March 11, 2021) ; specifically, Sections 602 and 603 of the Social Security Act (the “Act”) as added by Section 9901 of the ARPA, which established the Coronavirus State and Local Fiscal Recovery Funds (the “CS
LFRF”). Such funding is provided in accordance with and is subject to the terms an d c
onditions of the CSLFRF financial assistance agreement between the U.S. Department of the Treasury (“Treasury”) and the City, signed May 11, 2021 (the “City Award”). The City Award is at
tached to this Section E as ATTACHMENT E -1 and is expressly incorporated herein by reference.

2. For
purposes of
this Section E, the term “Contractor” shall mean and include “Consultant”. 3 . By submitting a P roposal for the Project , Consultant agrees to comply with the laws, provisions, and regulations listed herein; all other applicable federal statutes, regulations, and ex
ecutive orders; and to further provide for such compliance in any agreements/contracts it enters into with other parties (by inserting a provision into any subcontracts or subconsultant agreements making them subject to all of the provisions stipulated herein) for any work or services relating to the Project.

4. C
onsultant acknowledges and agrees that the provisions of this Section E and its attachments shall be annexed as an Exhibit and made part of its Agreement with the City in the event of an award.

5. The l
aws, provisions, and regulations relating to this Project and with which Consultant is required to comply, include without limitation, all of the following:
a.

The requirements of Section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. b. Feder
al regulations specified in the City Award, which include without limitation, th e f
ollowing:
(
i) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, other than such provisions as Treasury may determine are inapplicable to the City Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply. (
ii) Universal Identifier and System for Award Management (SAM ), 2 CFR Part 25, pursuant to which the award term set forth in Appendix A to 2 CFR Part 25 is hereby incorporated by reference.

EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 26/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 (iii) Reporting Subaward and Executive Compensation Information, 2 CFR Part 170, pursuant to which the award term set forth in Appendix A to 2 CFR Part 170 is hereby incorporated by reference.
(
iv) OMB Guidelines to Agencies on Governmentwide Debarment and Suspensi on (Nonprocurement), 2 CFR Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 CFR Part 180, subpart B) that the award is subject to 2 CFR Part 180
and Treasury’s implementing regulation at 31 CFR Part 19. Contractor must complete the certification in ATTACHMENT E-2 and comply with all provisions of said certification.
(
v) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 CFR Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
(
vi) Governmentwide Requirements for Drug-Free Workpl ace, 31 CFR Part 20. (
vii) New Restrictions on Lobbying, 31 CFR Part 21, p ursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 3152). See provisions in Subsection j.(ix) below for requirements and required certification.
(
viii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
(
ix) Generally
applicable federal environmental laws and regulations.
c. S
tatutes and regulations prohibiting discrimination applicable to the Project and Consultant, including, without limitation, the following:
(
i) Title VI of the Civil Rights Act of 1964 (42 U.S. C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 CFR Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance (see subdivision d, below for required assurances); (
ii) The Fair Housi ng Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; (
iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S .C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;
(
iv) The Age Discri mination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 CFR Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
(
v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S. C. § 12101 et seq.), which prohibits discrimination on the basis of disability under EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 27/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
d. The
Civil R ights Restoration Act of 1987 which require the following assurances:
(
i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. (
ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations.

Accordingly, Consultant shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons hav e
m
eaningful access to its programs, services, and activities. Consultant understands and agrees that meaningful access may entail providing la nguage as
sistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Consultant’s programs, services, and activities.
(
iii) Consultant agrees to consider the need for language services for LEP persons when Consultant develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov. (
iv) Consultant acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees, and assignees for the period in which such assistance is provided
(
v) Consultant acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances (i)-(iv) above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant the Consultant’s sub- grantees, contractors, subcontractors, subconsultants, successors, transferees, and assignees:

The s
ub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 28/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 benefits of; or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.
e. C
ontracting with small and minority businesses, women's business enterprises, and labor surplus area firms, as set forth in 2 CFR Section 200.321. (
i) If subcontracts are to be let, Consultant must take all affirmative steps pursuant to S
ection 200.321 to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used whenever possible. Affirmative steps include:

Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
B. A
ssuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; C. D
ividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
D. E
stablishing delivery schedules, where the requirement permits, whi ch enc
ourage participation by small and minority business, and women's business enterprises; and
E. U
sing the services/assistance of the Small Business Administration (SBA), and t
he Minority Business Development Agency (MBDA) of the Department of Commerce
(
ii) If selected for award, Consultant must submit a Small and Minority Businesses, Women's Business Enterprise (S/M/WBE) and Local Surplus Area (LSA) Firm Outreach Plan attached hereto as ATTACHMENT E-3 within 30 days of contract execution to the City for approval. The City will accept the S/M/WBE and LSA Firm Outreach Plan or offer recommendations to ensure S/M/WBE and LSA Firm Outreach Plan includes all necessary affirmative steps to meet the intent of 2 CFR § 200.
321. Consultant shall revise its S/M/WBE Outreach Plan to incorporate City input as applicable. Upon the City’s acceptance of the S/M/WBE and LSA Firm Outreach Plan, Consultant shall submit updates to the City quarterly. S/M/WBE and LSA Firm Outreach Plan update should include efforts taken within the period to assure that minority businesses, women's business enterprises, and labor surplus area firms were utilized when possible.

EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 29/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 f. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles.
g. R
educing Text Messaging While Driv ing. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant is encouraged to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers.
h. C
onflict of Interest. By submi tting a Proposal and executing an agreement with the City, Consultant certifies that it that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant under the agreement or with respect to the funding thereof, in accordance with 2 CFR Part 200 (including 2 CFR Sections 200.112 and 200.318(c)). Consultant shall provide all additional information necessary for the City to fully assess and address such actual or potential conflict of interest and agrees to advise the City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution the agreement.

Consultant further agrees to complete any statements of economic interest if required by either CITY ordinance or State law and further certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under the Agreement and does not know of any fact which constitutes a violati on
of
any conflict of interest law, including Section 87100 et seq. or Section 1090 et seq. of the California Government Code.
i. R
ecords Retention and Access . Consultant certifies that it will comply with the records retention and access requirements detailed in 2 CFR § 200.334 and 200.337, as well as any additional requirements that may be imposed by the Act or Treasury regulations.

Contractor further certifies that it will retain all records as required by 2 CFR § 200.334 for a period of three (3) years after it receives City notice that City has submitted final expenditure reports or quarterly or annual financial reports for the Project, as applicable, and all other pending matters are closed. Consultant acknowledges and agrees that the Treasury, Inspectors General, the Comptroller General of the United States, the City, or any of their authorized representatives, shall have the right of access to any documents, papers, or other records of Consultant which are pertinent to the Project by virtue of the Federal award by which it is funded, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to Consultant’s personnel for the purposes of interview and discussion related to such documents. The provisions of this Section shall govern over any conflicting provisions in the Agreement. j.

Federal contrac t provisions required by Appendix II to 2 CFR Part 200 (2 CFR § 200.327), as applicable:
(
i) Remedies for Breach - Appendix I I to Part 200, Subd . (A). The Terms and Conditions in Section C of the RFP, as well as the provisions of Section 43 of the Agreement provide remedies and penalties for breach of the Agreement. (
ii) Termination for Cause/Convenience - Appendix I I to Part 200, Subd. (B). The Terms and Conditions in Section C of the RFP, as well as the provisions of Section EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 30/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 21 and 43 of the Agreement include remedies for breach and termination for cause and convenience.
(
iii) Equal Employment Opportunity - Appendix II to Part 200, Subd. (C). Except as otherwise provided under 41 CFR Part 60, if this Agreement meets the definiti on of
a “federally assisted construction contract” in 41 CFR § 60-1.3, then Consultant shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 CFR Chapter 60:

D
uring the perf
ormance of this Agreement, Consultant agrees as follows:

A. The
Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post i n
c
onspicuous places, available to employees and applicants for e mployment, notices to be provided setting forth the provisions of this nondiscrimination clause.

B. The C
onsultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

C. The C
onsultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.

D. The C
onsultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 31/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 E. The Consultant will comply with all provisions of Executive Order 1124 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

F. The
Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and or
ders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

G. I
n the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized i n
E
xecutive Order 11246 of September 24, 1965, and such other sanctions may be i
mposed and remedies invoked as provided in Executive Order 11246 of S
eptember 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

H. The
Consultant will include the portion of the sentence immediately preceding paragraph A and the provisions of paragraphs A through G in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246
of
September 24, 1965, so that such provisions will be binding upon eac h s
ubcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

P
rovided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The
applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

The
applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 32/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The appl
icant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(
iv) Davis -Bacon and Copeland “A nti-Kickback” Act - Appendix II to Part 200, (Subd. (D)). Not applicable to the CSLRF (See Final Rule Guidance). (
v) Contract Work Hours and Safety Standards Act – Appendix II to Part 200 (Subd. (E)). Applicable to all contracts in excess of $100,000 that involve the employment of mechanics, laborers (including watchmen and guards (as defined by federal law and regulation), or construction work, but not to purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence).

A. C
ontractor and
all subcontractors shall comply with the Contract Work Hours and Safety Standards Act, 40 USC 3701 through 3708 (including sections 3702 and 3704)
, as supplemented by Department of Labor regulations at 29 CFR Part 5, which are incorporated herein by this reference.

B. C
ontractor and all subcontractors shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the st andard work week is subject to conditions, as stated in the Act and regulations. No laborer or mechanic shall be required to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to health or safety.
(
vi) Rights to Inven tions Ma de Under a Contract or Agreement - Appendix II to Part 200 (Subd. (F)) . Contracts or agreements for the performance of experimental, developmental, or research work (meeting the definition of “funding agreements” (see 37 CFR Part 401)) shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any applicable i
mplementing regulations.

EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 33/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 (vii) Clean Air Act and Federal Water Pollution Control Act - Appendix II to Part 200 (Subd. (G)).

A. For
all cont
racts in excess of $150,000, Contractor agrees to comply with: (1) all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. ; and (2) all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251et seq.

B. C
ontractor further agrees to report each violation of the Clean Air Act and the Water Pollution Control Act to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

C. C
ontractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. (
viii) Debarment and Suspension - Appendix II to Part 200 (Subd. (H and requirements and certification as specified in Subsection 5.b.(iv) of this Section E). (
ix) Byrd Anti -Lobbying Am endm ent – Appendix II to Par t 200 (Subd.(I)) and Subsection 5.b.(vii) of this Section E).

A. C
ontractor,
and each tier to the tier above, certifies that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with the making or obtaining of any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non- federal fu nds that takes place i n
c
onnection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency.

B. C
ontractor shall file the required certificati on, ATTACHMENT E-4, Certification Regarding Lobbying, attached hereto and incorporated herein, and shall obtain such certifications for all subcontracts in excess of $100,000. (
x) Procurement of Recovered Materials - Appendix II to Part 200 (Subd. (J) and 2 CFR § 200.323). Contractor shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated i n gui
delines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the precedi ng
f
iscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 34/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 in the EPA guidelines. available at EPA’s Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive-procurement-gui deline-cpg- program.
(
xi) Prohibition on Cert ai n Telecommunications and Video Surveillance Services or Equipment – Appendix II to Part 200 (Subd. (K) and 2 CFR § 200.26). Contractor is prohibited from obligating or expending loan or grant funds to:

A. P
rocure or obt
ain;
B. E
xtend or renew a contract to procure or obtain; or
C. E
nter into a contract (or extend or renew a contract) to procure or obtai n equi
pment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (
1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillanc
e and
t
elecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(
2) Telecommunications or video surveillance services provided by such entities or using such equipment.

D. Tel
ecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (
xii) Domestic Preferences for Procurement – Appendix II to Part 200 Subd. (L) and 2 CFR § 200.322.

A. A
s appropriat
e, and to the extent consistent with law, Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

B. For
purposes of this clause:

EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 35/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 68 APPX / SECTION D: FORMS
City of Victorville | Project CC23-004 - Design Services for New PD Station REQUEST FOR PROPOSAL CC23-004 DESIGN SERVICES FOR NEW PD STATION (Addendum No. 2) Section E - Page 11

FEDERAL FUNDING/GRANT REQUIREMENTS RIDER
(1) Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

k. Whether or not expressly set forth herein, all contractual provisions and grant conditions or assurances required by Treasury (including as may be amended or promulgated from time to time) are hereby incorporated herein by reference. This Agr eement may be amended to further incorporate and expressly state new, revised, and or subsequent contractual provisions or grant conditions as may be required by ARPA and/or Treasury.

In the event of any conflict between any provision of the Agreement, this Exhibit, or any federal or Treasury term, condition, or requirement, the stricter standard shall apply.

Consultant shall refer any inconsistency or perceived inconsistency between this Agreement and any federal requirement to City for guidance. Consultant shall not perform any act, fail to perform any act, or refuse to comply with any requests that would cause City to be in violation of any federal, ARPA, or Treasury term, condition, or requirement.

I have Read and acknowledged this FEDERAL FUNDING/GRANT REQUIREMENTS RIDER

__________________________________________ ___________________________ Signature of Contractor/Consultant’s Authorized Officer

___________________________________________________________________________ Name and Title of Consultant’s/Contractor’s Authorized Officer

_________________________________________________
Date

The following Completed Attachments are included:

E-2 - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS

E-3 - S/M/WBE AND LSA FIRM OUTREACH PLAN; and

E-4 - NONLOBBYING CERTIFICATION FOR FEDERAL CONTRACT

Jeremy Hart, Associate Principal, Director of Civic + Cultural 09/15/2022
EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 36/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
Recipient name and address:

DUNS Number:

Taxpayer Identification Number:

Assistance Listing Number: 21.019
Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.

Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto.

Recipient:
__________________________________________________
Authorized Representative:

Title:

Date signed:

U.S. Department of the Treasury:
__________________________________________________
Authorized Representative:

Title:

Date:

PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.

DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 City Manager
093240653
Victorville, California, 92392-2399
952235918
14343 Civic Dr
Submitted
5/11/2021
SLT-1110
Keith Metzler
City of Victorville
EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 37/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004

2 U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS LOCAL FISCAL RECOVERY FUND

AWARD TERMS AND CONDITIONS

Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act) , Treasury’s regulations implementing that section , and guidance issued by Treasury regarding the foregoing.

b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning , management, and completion of such project.

Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2024.

Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award.

Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing th at section, and guidance issued by Treasury regarding the foregoing.

b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations.

c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.

Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.

Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs.

Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.

Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.

DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 38/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004

3 Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award.

b. Federal regulations applicable to this award include, without limitation, the following:

i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award.

ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.

iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.

iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.

v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.

vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.

vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.

viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

ix. Generally applicable federal environmental laws and regulations.

c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following:

i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance;

DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 39/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004

4 ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability;

iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;

iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which proh ibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and

v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

Remedial Actions. In the event of Recipient’s noncompliance with section 603 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act.

Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.

False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury.”

Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government.

b. Any debts determined to be owed the federal government must be paid promptly by DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 40/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004

5 Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a d ebt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.

Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award.

b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient.

Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.

b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.

c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.

Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.

Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.

DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 41/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 OMB Approved No. 1505-0271
Expiration Date: November 30, 2021

1 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS

ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964

As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the “Recipient”) provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient’s beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits.

The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future.

The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient’s program(s) and activity(ies), so long as any portion of the Recipient’s program(s) or activity(ies) is federally assisted in the manner prescribed above.

1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.

2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities.

3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov.

DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 42/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 OMB Approved No. 1505-0271
Expiration Date: November 30, 2021

2 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, transferees, and assignees for the period in which such assistance is provided.

5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient’s sub-grantees, contractors, subcontractors, successors, transferees, and assignees:

The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.

6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property.

7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements.

8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.

9. Recipient must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 43/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 OMB Approved No. 1505-0271
Expiration Date: November 30, 2021

3 agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state.

10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub- recipients.

The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law.

Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient’s obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements.

_________________________________
Recipient Date

_________________________________
Signature of Authorized Official

PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The estimated burden associat ed with this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1 500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.

DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 City of Victorville 5/11/2021
EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 44/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 ATTACHMENT E-2

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS
(Lower Tier refers to the agency or Contractor receiving Federal funds, as well as any subcontractors that the agency or Contractor enters into contract with using those funds) As required by Executive Order 12549, Debarment and Suspension, and 31 CFR Part 19 and 2 CFR part 180, City may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any Contractor that is debarred, suspended, or ineligible under 31 CFR Part 19.

Instruction for Certification

1. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

2. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

4. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

5. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 45/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 70 APPX / SECTION D: FORMS
City of Victorville | Project CC23-004 - Design Services for New PD Station REQUEST FOR PROPOSAL CC23-004 DESIGN SERVICES FOR NEW PD STATION (Addendum No.2) Section E - Attachment E-2

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

8. Except for transactions authorized under paragraph 4 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction originated may pursue available remedies, including suspensi on and/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility an Voluntary Exclusion – Lower Tier Covered Transactions

1. Contractor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Have not within a three- year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsifications or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for, or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with, commission of any of the offenses enumerated in paragraph 2 of this certification, and

4. Have not within a three-year period preceding this application/ proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

5. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation.

____________________________________________
Name (Typed)
____________________________________________
Title and Organization Name (Typed)
____________________________________________
Signature
____________________________________________
Date

Jerermy Hart
Associate Principal, Director of Civic + Cultural; LPA
09/15/2022
EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 46/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 ATTACHMENT E -3

S/M/WBE AND LSA FIRM OUTREACH PLAN
Project Number: ______________
Consultant: ___________________
Submittal #: __________________
In this section, the Consultant is to provide details regarding strategies and efforts made to solicit, engage and utilize small and minority businesses, women's business enterprises (S/M/WBE) and labor surplus area (LSA) firms to demonstrate responsiveness to 2 CFR § 200.321.

1. Identify the items of work made available to S/M/WBEs and LSAs. Provide a description of the work items, approximate dollar amount and the percentage of the total Contract value.

Description of Work
Item
Contractor
Normally
Performs (Y/N)
Unbundled from
Larger Scope (Y/N)
If Yes, List Scope
Amount ($) Percentage
of Contract

2. Describe the outreach efforts to identify S/M/WBEs and LSAs on this Agreement, list agencies/associations/databases consulted and the date, method and result of the outreach efforts (examples include but are not limited to: Small Business Administration, the Minority Business Development Agency, the Department of Commerce, minority business associates, Small Business Development Centers, DGS).

3. Describe the outreach efforts exerted to ensure that qualified S/M/WBEs and LSAs were solicited and had sufficient information about subcontracting opportunities on this Contract.

Include the date and method of the outreach efforts.

Agency/Association/
Chamber/Database
Name
Contact
Name
Method of
Outreach
(Fax, Email, Phone,
etc.)
Date of
Outreach
Response/Outcom
e

EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 47/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 S/M/WB
E and
LSA
Firm
Name
Contact
Name/Title

Business
Type
(Small/
Minority/
Women)
Outreach
Method
(Fax,
Email,
Phone,
etc.)

Initial
Outreach
Date
Follow-Up
Date

Resp
onse/
Inter
ested
in
Biddi
ng
(Y/N)

4. Detail methods utilized to determine whether S/M/WBEs and LSAs were qualified:

______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

5. What approach was taken to arrange subcontracting work in a way that would encourage the participation of S/M/WBEs and LSAs on this Agreement. Provide examples of how delivery schedules, when permittable, were established in a way that would encourage participation by S/M/WBEs and LSAs.

EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 48/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004

6. Identify any contractual requirements, incentives, or other measures your team utilized or considered utilizing on this Agreement to promote S/M/WBE and LSA assistance. This may include assistance in meeting insurance limits, bonding requirements, obtaining certifications or licenses that are appropriate in facilitating the type of work the S/M/WBEs and LSAs would be performing.

Note: USE ADDITIONAL SHEETS NECESSARY TO DEMONSTRATE
RESPONSIVENESS.

EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 49/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004 71 APPX / SECTION D: FORMS
City of Victorville | Project CC23-004 - Design Services for New PD Station REQUEST FOR PROPOSAL CC23-004 DESIGN SERVICES FOR NEW PD STATION (Addendum No.2) Section E - Attachment E-4

NONLOBBYING CERTIFICATION FOR FEDERAL CONTRACT

ATTACHMENT E-4

NONLOBBYING CERTIFICATION FOR FEDERAL CONTRACT
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by S ection 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

__________________________________________ ___________________________ Signature of Contractor/Consultant’s Authorized Officer Date

___________________________________________________________________________ Name and Title of Consultant’s/Contractor’s Authorized Officer

P:\APPS\WPDATA\VVCA\0001-45 AGREEMENTS REVIEW & TEMPLATES 2021\POLICE STATION DESIGN RFP\200.18-CONTRACT OR RFP ADD IN SECTION DRAFT V12 08.01.22 V18 BID PKG INSERT 08.02.22.DOCX Jeremy Hart, Associate Principal, Director of Civic + Cultural 09/15/2022
EXHIBIT C, FEDERAL FUNDING/GRANT REQUIREMENTS RIDER, PROJECT CC23-004 50/Consultant/Professional Services Provider Agreement /LPA, Project CC23-004

Attachment B
Draft Conceptual Design

Item Number: 12
City Council / Board of Directors
Written Communications
Meeting of: March 21, 2023
Submitted By:

Keith C. Metzler, City Manager

Subject:

Amending the Measure P Oversight Committee Bylaws
Recommendation:

That the City Council adopt Resolution No. 23-017 amending the Measure P Oversight Committee Bylaws.

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. On March 7, 2023, the City Council discussed the criteria required to be a member of the MPOC and voted unanimously to remove the leadership requirements.
3 0
3 9
Discussion:

Through Resolution 23-017, the MPOC shall consist of seven (7) members 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. The City Council unanimously approved amending the Bylaws on March 7, 2023, authorizing the removal of the requirement that a Committee member serves in a current leadership role. This amendment is designed to promote a full Committee membership and participation at future meetings. Although the City Council previously approved removing the leadership requirement, it is now formally being presented, as it requires adoption through a Resolution.

Staff continues to advertise the vacancies on all of the City's social media sites, post it on the City of Victorville's website, and advertise in the City's digital newsletter, the Victorville Connect.

Thus far, the MPOC has held a 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. 23-017

Attachment A
Resolution No. 23-017

RESOLUTION NO. 23-017

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE AMENDING THE MEASURE P OVERSIGHT COMMITTEE
BYLAWS

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 approved Measure P with the one-cent sales tax taking effect on April 1, 2021; and

WHEREAS, through the adoption of Resolution No. 20- 083, the City Council of the City of Victorville established 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, the Committee held its first meeting on May 13, 2021, and has been able to establish a quorum at all public meetings but has been unable to fill all of the Committee positions described in Resolution 20-083; and

WHEREAS, without having a full complement of Committee members, it may be difficult to establish quorums for future meetings; and

WHEREAS, it is the desire of the City Council to modify Committee membership requirements in order to promote full Committee membership and participation; and

WHEREAS, the Bylaws of the Committee require that any amendment thereto shall be by City Council resolution; and

WHEREAS, the City Council now finds it appropriate to amend the Bylaws to authorize the removal of the requirement that a Committee member be serving in a current leadership role.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The Measure P Oversight Committee Bylaws are hereby amended to remove the requirement that a Committee member must establish that they are serving in a current leadership role.

SECTION 2. Section 3 of the Committee Bylaws as contained in Exhibit A to Resolution No. 20-083, are hereby amended as follows.

EXHIBIT A

3. Composition of Members: Measure P Oversight Committee shall consist of seven (7) members, having one member 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)

In no event shall a committee member be a City of Victorville staff member.

Item Number: 13
City Council / Board of Directors
Written Communications
Meeting of: March 21, 2023
Submitted By:

Keith Metzler, City Manager
Andre de Bortnowsky, City Attorney

Subject:

Approval of an Attorney Client Contingency Fee Agreement with the Law Office of Bryan M. Grundon
Recommendation:

It is the recommendation that the Honorable City Council consider approval of an Attorney Client Contingency Fee Agreement with the Law Office of Bryan M. Grundon to pursue collection of the judgement amount awarded to the City of Victorville (the “City”) and the Southern California Logistics Airport Authority (the “Authority”) in the KND lawsuit and authorize the execution thereof by the City Manager.

Fiscal Impact:

This is a contingency fee arrangement whereby the Law Office of Bryan M. Grundon will seek to recover a judgement in favor of the City and the Authority in the total amount of $728,130.59. Under the Contingency Fee Agreement, the City will be obligated to pay an initial amount of $1,500.00 plus 30% of any gross recovery amount collected along with certain related costs and expenses incurred in connection with the collection efforts. No additional appropriations will be required at this time.

Background:

This matter arises from the successful defense of a lawsuit previously filed by Kinsell, Newcomb, and DeDios Inc. (“KND”) against the City and the Authority. The lawsuit was filed by KND in 2016 seeking compensation for amounts incurred by KND in connection with the prior Securities Exchange Commission (“SEC”) investigation of the 2007 Southern California Logistics Airport Authority Bond Issue, which resulted in KND being found liable for violation of Section 17(a)(2) of the Federal Securities Act.

In connection with the SEC action, KND had previously entered into a Mutual Settlement and Release Agreement (“MSRA”) in 2015. Notwithstanding that agreement, KND argued 3 0
4 3
that it was entitled to indemnification under a Forward Bond Purchase Agreement that was associated with the bond financing transaction.

The Superior Court of the State of California found in favor of the defendants, the City and the Authority, and found that the MSRA was a valid settlement agreement that barred any indemnification under the separate Bond Purchase Agreement. The MSRA covered SEC action as well as any future actions related thereto.

After successfully defending the lawsuit, the City and the Authority sought an award of attorney’s fees, which was granted on December 9, 2022.

Discussion:

Attached for City Council consideration is a proposed Attorney-Client Contingency Fee Agreement with the Law Office of Bryan M. Grundon for the purposes of having said law firm pursue collection of the Court’s judgement award in the amount of $728,130.59.

The proposed agreement is a hybrid contingency arrangement in that the City will pay an initial amount of $1,500.00 and then will compensate the firm in the amount of 30% of any gross recovery amount that the law firm is able to obtain. In addition, the agreement provides for the payment of costs and litigation expenses provided, however, that to the extent such costs are expected to exceed the amount of $500, the firm will require further approval from the City.

Staff is seeking the City’s approval of the Contingency Fee Agreement and authorization to have the City Manager sign said agreement.

Attachments: A. Contingency Fee Agreement
Attachment A

Law Office of Bryan M. Grundon
16870 West Bernardo Drive, Suite 400
San Diego, California 92127
858.705.0346/858.260.2164 (fax)
[email protected]

ATTORNEY-CLIENT CONTINGENCY FEE AGREEMENT

Law Office of Bryan M. Grundon ("Attorney") , and City of Victorville ("Client") hereby agree that Attorney will provide legal services to Client on the terms set forth below.

1. CONDITIONS. This Agreement will not take effect, and Attorney will have no obligation to provide legal services, until Client returns a signed copy of this Agreement and pays the initial deposit, if any, called for under Paragraph 7.

2. SCOPE OF SERVICES. Client is hiring Attorney to become attorney of record in case CIVDS1703508 and to collect on the judgment.

Attorney will not represent Client in any other proceedings other than the above referenced case and attempts to execute on the judgment if one is entered. Specifically excluded are any bankruptcy or cross-complaint filed in this matter.

3. RESPONSIBILITIES OF THE PARTIES. Attorney will provide those legal services reasonably required to represent Client in prosecuting the claims described in Paragraph 2 and will take reasonable steps to keep Client informed of progress and developments, and to respond promptly to inquiries and communications. Client agrees to be truthful with Attorney, to cooperate, to keep Attorney informed of any information and developments which may come to Client's attention, to abide by this Agreement, to pay Attorney's bills for costs as described herein, on time, and to keep Attorney advised of Client's address, telephone number and whereabouts. Client agrees to appear at all legal proceedings when Attorney deems it necessary, and generally to cooperate fully with Attorney in all matters related to the preparation and presentation of Client's claims.

4. LEGAL FEES. Attorney will be compensated by a hybrid contingency.

Attorney will be paid a flat fee of $1,500.00 plus 30% of the gross recovery for the client plus actual costs as described herein. If no recovery is obtained, Client will be obligated to pay only the $1,500.00 plus actual costs, disbursements, and expenses, as described in Paragraph 6. The $1,500.00 will be applied to any contingency earned and will not be in addition thereto.

The fee to be paid to Attorney will be a pe rcentage of the "gross recovery ". The term "gross recovery" means the total of all amounts received by settlement, arbitration award or judgment, including any award of attorneys’ fees

Law Office of Bryan M. Grundon
16870 West Bernardo Drive, Suite 400
San Diego, California 92127
858.705.0346/858.260.2164 (fax)
[email protected]

In the event of Attorney's discharge or withdrawal as provided in Paragraph 11, Client agrees that, upon payment of the settlement, arbitration award or judgment in Client's favor in this matter, Attorney shall be entitled to be paid by Client a reasonable fee for the legal services provided not to exceed ten percent (10%) of any such judgement.

Such fee shall be determined by considering the following factors:

The actual number of hours expended by Attorney in performing legal services for Client.

Attorney's hourly rates ($350/hr);

The extent to which Attorney's services have contributed to the result obtained.

The amount of recovery obtained.

5. NEGOTIABILITY OF FEES. The rates set forth above are not set by law but are negotiable between an attorney and client.

6. COSTS AND LITIGATION EXPENSES. Attorney will incur various costs and expenses in performing legal services under this Agreement. Client agrees to pay for actual costs, disbursements and expenses paid or owed by Client in connection with this matter, or which have been advanced by Attorney on Client's behalf and which have not been previously paid or reimbursed to Attorney. Costs, disbursements and litigation expenses commonly include court fees, jury fees, service of process charges, court and deposition reporters' fees, photocopying and reproduction costs, notary fees, long distance telephone charges, messenger and other delivery fees, postage, deposition costs, travel costs including parking, mileage, transportation, meals and hotel costs, investigation expenses, consultant, expert witn ess, professional mediator, arbitrator and/or special master fees and other similar items. Except for the items listed below, costs and expenses will be charged at Attorney's cost.

In-office photocopying .20/page Facsimile charges .50/page Mileage .50/mile

Client understands that, as set forth in Paragraph 7 below, a deposit for costs may be required before the expenditure is made by Attorney.

Law Office of Bryan M. Grundon
16870 West Bernardo Drive, Suite 400
San Diego, California 92127
858.705.0346/858.260.2164 (fax)
[email protected]

Notwithstanding anything to the contrary herein, to the extent such costs and expenses exceed $ 500.00 the Attorney will seek Clients written authorization prior to incurring additional costs and expenses.

To aid in the preparation or presentation of Client's case, it may become necessary to hire expert witnesses, consultants, or investigators. Attorney will select any expert witnesses, consultants, or investigators to be hired, and Client will be informed of persons chosen and their charges prior to retention of such expert witnesses, consultants, or investigators.

Client authorizes Attorney to incur all reasonable costs and to hire any investigators, consultants, or expert witnesses reasonably necessary in Attorney's judgment provided, however, that Attorney shall obtain Client's consent before incurring any costs more than $500.00 and Attorney shall obtain Client's consent before retaining outside investigators, consultants, or expert witnesses.

If an award of fees and/or costs is sought on Client's behalf in this action, Client understands that the amount which the court may order as fees and/or costs is the amount the court believes the party is entitled to recover, and does not determine what fees and/or costs Attorney is entitled to charge Client or that only the fees and/or costs which were allowed were reasonable. Client agrees that, whether or not attorneys' fees or costs are awarded by the court in Client's case, Client will remain responsible for the payment, in full, of all attorneys' fees and costs in accordance with this Agreement.

Additionally, Client understands that if Client's case proceeds to court action or arbitration, Client may be required to pay fees and/or costs to other parties in the action.

Any such award will be entirely the responsibility of Client.

7. DEPOSIT. Client agrees to pay Attorney an initial deposit for costs of $1,000, which will be in addition to the $1,500 fee referenced in Section 4 . Attorney will hold this initial deposit in a trust accou nt. Client hereby authorizes Attorney to use that deposit to pay the costs, disbursements and other expenses incurred under this Agreement.

Client agrees to pay all deposits required under this Agreement within 10 days of Attorney's demand. Any deposit that is unused at the conclusion of Attorney's services will be refunded.

Law Office of Bryan M. Grundon
16870 West Bernardo Drive, Suite 400
San Diego, California 92127
858.705.0346/858.260.2164 (fax)
[email protected]

8. MONTHLY BILLING STATEMENTS. Attorney will send Client monthly billing statements for costs, disbursements and expenses incurred in connection with this matter. Each statement is to be paid in full within 15 days after the date of such statement.

9. APPROVAL NECESSARY FOR SETTLEMENT. Attorney will not make any settlement or compromise of any nature of any of Client's claims without Client's prior approval. Client retains the absolute right to accept or reject any settlement. Client agrees to consider seriously any settlement offer Attorney recommends before deciding to accept or reject such offer. Client agrees not to make any settlement or compromise of any nature of any of Client's claims without prior notice to Attorney.

10. LIMITATION OF REPRESENTATION. Attorney is representing Client only on the matter described in Paragraph 2. Attorney's representation does not include independent or related matters that may arise, including, among other things, claims for property damage, workers' compensation, disputes with a health care provider about the amount owed for their services, or claims for reimbursement (subrogation) by any insurance company for benefits paid under an insurance policy.

This Agreement also does not include defending Client against or representing Client in any claims that may be asserted against Client as a crossclaim or counter-claim in Client's case. This Agreement does not apply to any other legal matters. If any such matters arise later, Attorney and Client will either negotiate a separate agreement if Client and Attorney agree that Attorney will perform such additional legal work or Client will engage separate counsel with respect to the crossclaim or counterclaim or additional legal work.

11. DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any time, upon written notice to Attorney. Attorney may withdraw from representation of Client (a) with Client's consent, (b) upon court approval, or (c) if no court action has been filed, for good cause and upon reasonable notice to Client. Good cause includes Client's breach of this contract, Client's refusal to cooperate with Attorney or to follow Attorney's advice on a material matter, or any other fact or circumstance that would render Attorney's continuing representation unlawful or unethical.

Notwithstanding Attorney's withdrawal or Client's notice of discha rge, and without regard to the reasons for the withdrawal or discharge, Client will remain obligated to pay Attorney for all costs incurred prior to the termination and, in the event that there is any net recovery obtained by Client after conclusion of Attorney's services, Client remains obligated to pay Attorney for the reasonable value of all services rendered Law Office of Bryan M. Grundon
16870 West Bernardo Drive, Suite 400
San Diego, California 92127
858.705.0346/858.260.2164 (fax)
[email protected]

from the effective date of this Agreement to the date of discharge as described in Section

4. 12. CONCLUSION OF SERVICES. When Attorney's serv ices conclude, all unpaid charges will immediately become due and payable. Attorney is authorized to use any funds held in Attorney's trust account as a deposit against costs to apply to such unpaid charges. After Attorney's services conclude, upon reque st, Client's file and property will be delivered to Client, or Client's other attorney, whether Client has paid any fees and/or costs owed to Attorney.

13. RECEIPT OF PROCEEDS. All proceeds of Client's case shall be deposited into Attorney's trust account for disbursement in accordance with the provisions of this Agreement.

14. DISCLAIMER OF GUARANTEE. Nothing in this Agreement and nothing in Attorney's statements to Client will be construed as a promise or guarantee about the outcome of this matter. Attorney makes no such promises or guarantees. There can be no assurance that Client will recover any sum or sums in this matter. Attorney's comments about the outcome of this matter ar e expressions of opinion only. Client acknowledges that Attorney has made no promise or guarantees about the outcome.

15. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties. No other agreement, statement or promise made on or before the effective date of this Agreement will be binding on the parties.

16. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

17. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them or an oral agreement only to the extent that the parties carry it out.

18. EFFECTIVE DATE. This Agreement will govern all legal services performed by Attorney on behalf of Client commencing with the date Attorney first performed services. The date at the beginning of the Agreement is for reference only.

Law Office of Bryan M. Grundon
16870 West Bernardo Drive, Suite 400
San Diego, California 92127
858.705.0346/858.260.2164 (fax)
[email protected]

Even if this Agreement does not take effect, Client will be obligated to pay Attorney the reasonable value of any services Attorney may have performed for Client.

THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM, AS OF THE DATE ATTORNEY FIRST PROVIDED SE RVICES. IF

MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE JOINTLY AND SEVERALLY FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. THE CLIENT SHALL RECEIVE A FULLY EXECUTED DUPLICATE OF THIS AGREEMENT.

DATED: _________________________ _________________________________ City of Victorville
By:

Its:

Address
Email
Phone

DATED: _________________________ Law Office of Bryan M. Grundon

By: ______________________________
Bryan M. Grundon

Item Number: 14
City Council / Board of Directors
Written Communications
Meeting of: March 21, 2023
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Workshop for Local Contractors
Recommendation:

Any action is at the discretion of Your Honorable City Council.

Fiscal Impact:

There is no fiscal impact associated with this item.

Discussion:

At the City Council meeting of February 7, 2023, it was moved by Council Member Harriman and approved by a majority vote to agendize an item for discussion and possible action regarding providing a workshop for local contractors to understand insurance and bonding requirements for bidding on City work.

Attachments: None
Item Number: 15
City Council / Board of Directors
Written Communications
Meeting of: March 21, 2023
Submitted By:

Andre de Bortnowsky, City Attorney

Subject:

Consideration of proposed City Council Resolution No. 23-018 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. 23-018.

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, October 4, 2022, and March 7, 2023.

Discussion:

At the March 7, 2023 meeting, it was moved by Mayor Jones and approved by a majority vote to bring an item forward for discussion and possible action to prohibit the recording of meetings behind the dais and prohibiting the use of non-City-provided microphones and voice amplifiers during City Council Meetings. 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. 23-018
B. City Council Policy Manual Redlined
C. City Council Policy Manual Clean

ATTACHMENT A

RESOLUTION NO. 23-018

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, 22- 111, and 23 -015 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 recording of meetings behind the dais and the prohibition on the use of voice recorders and amplifiers during Council meetings; and
WHEREAS, the City Council finds that adopting the proposed revised Manual attached to this Resolution serves the interests of the City, the City Council, and the public as it streamlines and facilitates the orderly and efficient conduct of City Council meetings and related City business, and also help ensure that the Policy Manual is consistent with California Law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That the revised City of Victorville "City Council Policy and Procedures Manual" ("Policy Manual") attached to this Resolution be approved and adopted. The City Council further authorizes the City Manager and City Attorney to make non -substantive changes as may be deemed necessary provided any such changes are shared with the City Council.

Section 2. That this Resolution shall supersede Resolution No. 23-015 and take effect immediately upon its adoption.

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 Guid ance. 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.

Chapter 2
2 CHAPTER 2 ‐ ROLE OF CITY COUNCIL

I. OVERVIEW

A. City Council Acts as a Body. One of the fundamental tenets of city governance is recognizing that the 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 majo rity 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 sha ll be conducted in successive order and as shown below.

1. The City Clerk opens nominations.

2. The City Clerk receives up to one nomination per Councilmember until no further nominations are forthcoming. Seconds are not required.

3. The City Clerk closes nominations.

Chapter 2
3 4. The City Clerk calls on each Councilmember to cast by verbal vote the name of his/her nominee of choice.

5. The City Clerk announces the outcome of the vote and declares the appointment upon a majority vote of the full membership.

6. If an appointment is not confirmed, the City Clerk repeats the foregoing procedure once more on the prospect of the City Council reaching agreement.

The newly-appointed Mayor shall preside over the process for the office of Mayor Pro Tem, unless he/she prefers the City Clerk facilitate the appointment.

Should the City Council be unsuccessful in its appointment efforts, whether it be by insufficiency of votes or failed action 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 th e 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.

Chapter 2
4 C. External Communication of Policy. The Mayor is to faithfully communicate the position of the Council majority in matters of policy.

D. Seating Arrangement for City Council. The Mayor assumes the center chair on the dais and oversees the seating location of the other Councilmembers at all meetings of the Council, in council chambers or elsewhere. The Mayor will, following each Council election of officers and at such other times as the Mayor deems it necessary, establish the seating arrangement of the Councilmembers. The Mayor Pro Tem will always be seated immediately next to the Mayor.

E. Signing Documents. The Mayor, whenever available, shall sign all ordinances, resolutions and other documents that have been 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 t he 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 identi fication 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.

Chapter 2
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 Counci l 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 Ma nager’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 administr ative 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.

Chapter 2
9 F. Engaging in Legislative and Quasi -Judicial Decisions/Ac ts. 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 i s 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.

Chapter 2
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 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. T hey 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 dele gates 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 b e 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.

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 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 deter mines 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 ag enda 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
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 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.

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 proces s 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.

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 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 Cit y 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.

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 i nformation 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 di fferent 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 per mitted. 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 Ci ty 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 prop osed 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 Directio n. 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 commen ts 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 ap pealed 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 Secti on 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 Offi cer, 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 persona l 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.

Chapter 5
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 pass es, 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 oppor tunity 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.

Chapter 5
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 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.

Chapter 5
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, t he 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 a genda 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 oth er 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.

Chapter 5
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 o ther 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 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 Off icer 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 comment s 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 opportunit y 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 in every 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, sound/voice Chapter 5
33 amplifiers, and recording devices. To gain entry into any Closed Session meeting room, each Council Member shall place a ll such electronic devices into a container designated by the City Council for storage. The container shall be placed in the meeting room at the start of Closed Session , or as soon thereafter as possible, 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. If, during any Closed Session meeting, a Councilmember wishes to check one of his/her electronic devices, particularly when it has been activated, that Councilmember may, with permission of the Presiding Officer, retrieve the device(s) f rom the storage container referenced in Section (c) above, check it, and if necessary, leave the meeting room to respond to an urgent family matter. To gain re -entry into the Closed Session meeting room, all electronic devices must be placed once again into the designated storage container.

(e) Recording, or Live Streaming, or Broadcasting. To preserve the orderly, effective, and efficient conduct of the meetings and the peace of the Council, Councilmembers shall not audio record, video record, or live stream, or broadcast during any City Council meetings or position thereof, including recesses and adjournments, f rom a position located on orwhile sitting at or standing behind 1) the dais, or 2) any table serving as the dais. in such a manner that obstru cts the view of or results in a persistent disruption of other Councilmembers’ ability to participate in the meeting. To the extent a Should a Councilmember wishes to record, or live stream, or broadcast, that member may set up a tripod or similar portable apparatus in the area designated for such activity. Any apparatus that obstructs the view of a Councilmember, City Staff member, or member of the audience shall constitute a finding of persistent disruption of the proceedings pursuant to Sections 54953.5 and 54953.6 of the Ralph M. Brown Act and is subject to repositioning or removal by the Presiding Officer. 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.

For assemblies where official City business is presented, Councilmembers shall not audio record, video record, live stream, or broadcast from the podium, stage, platform, etc. without the advance knowledge of the City Manager and the advance written permission of the event host. If the City is the host, the City Manager may, at his/her discretion, grant permission.

(f) Microphones, Loudspeakers, Megaphones, Sound/Voice Amplifiers. Councilmembers and members of the public shall not use non -city-provided microphones or other Chapter 5
34 amplifying instruments during meetings, recess, or adjournments. Moreover, absent permission from the Presiding Officer, no Councilmember shall use or attempt to use a City-provided microphone behind the dais other than the one specifically reserved for his/her assigned seat.

(f)(g) Leaving Seats. Councilmembers shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer.

(g)(h) 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, 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 Pre siding 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. An y 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 p erson does not remove himself or herself, the Presiding Officer may order any law enforcement officer who is on duty at the meeting as Formatted: Font: Not Italic
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Chapter 5
35 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
36 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 Cl erk 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 p ublic 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
37 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 f alls 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.

Chapter 6
38 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 electroni c 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
39 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 Relat ionship 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 w ith 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.

Chapter 7
40 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
41 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 re ceive 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.

Chapter 7
42 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 privat e 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
43 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 incl ude 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
44 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. 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 b y 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 expens e 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
45 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 subje ct 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 pos ition. All correspondence articulating the City’s position on state and federal legislation shall be handled in a manner consistent with the City Chapter 8
46 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 Coun cilmember 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 Com missioners, 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
47 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 otherwis e 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 ad opted 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
48 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 b rief 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
49 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 bu sinesses 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
50 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
51 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 recog nition 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 individ ual 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 Counc il 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
52 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
53 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 committee s 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 Confi rmation. 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 sea ts 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
54 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 subcommittee s 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 gener ally 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 subco mmittees.

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
55 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 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
56 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 wit h 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
57 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 C ity 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
58 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 t he 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
59 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 Co uncilmember, 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 understo od the provisions set forth in this Manual and furthermore agrees to abide by them.

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