1 of 2
Part # Description QtyUnit PriceExt. Price271083 8 pack MediaWorks DX (web) concurrent license. The MediaWorksDX software option provides secure access, replay, andmanagement of audio, screen, multimedia, text, and TDDrecordings. IAdvanced browser-based HTML5 interface for Search,Replay, Incident Reconstruction, Incident Export, Live Monitoring,Instant Recalland much more.271111 Eventide MP3 option for MediaWorks DX108233-000 Dual Hot-Swap power supplies, 120/240 VAC (standard-no charge)324430 Rack Mount Slides - 4 Post, 3U (for NexLog 740)109033-003 Quick Install Kit (9 ft. Cable + "66" Block):INCLUDES:16 Channel ANALOG RecordingDXANA16 16-Channel Analog PCIe (PCI Express) Card, + 16 Ch. LicensesINCLUDED **Installation & Training & First Year Warranty & SupportServices 1 $5,850.00 $5,850.00Inst-VL Capture Technologies Certified Voice Recording Installation &Implementation : INCLUDED-Server Burn In INCLUDED-Project ManagementINCLUDED-ShippingINCLUDED-Onsite Training INCLUDED-Server Install & Associated Travel Expenses Included DXSUS-12MOINCLUDED-1st YEAR SMA Warranty Coverage (2022-2023)Software Update Subscription (DXSUS) for complete DX-Seriesrecording Solution, E-AnnualSupport INCLUDED-1st YEAR Warranty + Onsite tech available asneeded-Remote Support Included***12 months from date of delivery*** To accept this quotation and purchasing T&C's, sign here and return oe Provide a Purchase Order Signature DateThank You For Your Business!
2 of 2
Quotation
City Of Victorville - (4) RM Wind
Monitors
#20230322-162602731
Issued
March 22, 2023
Expires
April 21, 2023
Mesotech International, Inc.
2731 Citrus Road
Suite D
Rancho Cordova, California 95742-6303
United States
Kirk Kelly
[email protected]
Products & Services
Products & Services
Part
Number Quantity
Unit
price
Extended
Price
MECHANICAL WIND
MONITOR, RM YOUNG
29000008 4 $1,302.27 $5,209.08
Subtotals
One-time subtotal $5,209.08
Other Fees
92394 Sales Tax, 8.75% $455.79
Total $5,664.87
Prepared for
City of Victorville
14343 Civic Drive
VictorvilleCA92392
United States
Heather Kurowski
[email protected]
760-243-1905
Terms and Conditions
Payment Terms
Net 30
State/local sales tax line item applied
3% surcharge applies for all credit card payments
Shipping
FOB Destination: Victorville, CA
Shipping is included.
Delivery
Approximately 30 days ARO
Destination: USA
These Commodities are licensed for the ultimate destination shown. Diversion contrary to US laws is prohibited.
Signature
Before you sign this quote, an email must be sent to you to verify your identity. Find your profile below to request a verification email.
Heather Kurowski
[email protected] [ sig|req|signer1]
Download
Quote
Date
3/23/2023
Quote #
Q336317
Bill To
Heather Kurowski
Southern California Logistics
18374 Phantom West
Victorville CA 92394
United States
Ship To
Heather Kurowski
Southern California Logistics
18374 Phantom West
Victorville CA 92394
United States
CONUS: 877-999-1911
OCONUS: 855-571-4147
noble.com
Expires
4/23/2023
Contact
Kurowski, Heather
RFQ NumberDirect PhoneSales Rep
Erika Trottier
Payment MethodParent Custom...
Item
NA220564
MPN
DPV-39A
Quantity
8 Units
EA
Description
OMNIDIRECTIONAL DPV-39A DUAL
ELEMENT ANTENNA UHF/VHF
Item Weight
1 Unit Price
3,735.00
Extended Price
29,880.00
Total $29,880.00
Contract #: 47QSHA19D004Z Start Date: 8/5/2019 End Date: 8/04/39 Tax ID #: 042-76-7926 Duns #: 107910259 Cage Code #: 1HEN9 Classification: Small Business FOB Destination: CONUS
sub total $6,889.40
tax 602.82
Total $7,492.22
*item not required
*
Item Number: 8
City Council / Board of Directors
Written Communications
Meeting of: April 4, 2023
Submitted By:
Keith C. Metzler, City Manager
C. Eric Ray, Airport Director
Subject:
Purchase and Sale Agreement by and between the City of Victorville (“City”) and the Southern California Logistics Airport Authority (SCLAA).
Recommendation:
That Your Honorable City Council and Southern California Logistics Airport Authority Board of Directors approve:
(1) Resolution No. SCLA 23-005 declaring the eight lots located along Civic Drive as “Exempt Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54221(f)(1)(D) and authorizing the disposition of such real property to the City, (ii) authorizing the transmittal of a certified copy of the Resolution to the Housing and Community Development “HCD” Department, as specified in Section 400(e) of the Surplus Land Act Guidelines, and (iii) authorizing the Executive Director to execute transactional documents to effectuate the purchase and transfer of the property;
(2) Resolution No. 23-021 approving the purchase of eight lots located along Civic Drive and authorizing the City Manager to execute transactional documents to effectuate the purchase and transfer of the property; and (3) Resolution No. SCLAA 23-006 amending the SCLAA annual budget for fiscal year 2022/2023 to recognize the sale proceeds.
Fiscal Impact:
The Purchase and Sale Agreement (“Agreement”) presented herein will generate $1,929,341 in revenue to the SCLAA and will cause the expenditure of $1,929,341 from the American Rescue Plan Act (ARPA) account 2770010-55060-97080. No additional appropriation is required to this account.
The revenue associated with this Agreement increases the SCLAA’s budgeted revenue established for fiscal year 2022/2023 and thereby requires an additional revenue 2 6
0 7
appropriation in the amount of $1,929,341 in the Off-Airport Fund 4520145-46100.
Resolution No. SCLAA 23-006 is presented herein for the purpose of requesting approval of the required budget amendment as outlined below.
Strategic Plan Goal:
This item aligns with Goal A, Financial Sustainability and Goal B, Public Safety. Goal A, Financial Sustainability, will use the sales proceeds to improve the fiscal health of the SCLAA. Goal B, Public Safety, focuses on implementing public safety strategies to support a thriving and growing community.
Background:
In October of 2010, the Victorville City Council ("City Council") and the SCLAA Board of Directors ("SCLAA Board") approved an Amended and Restated Loan Agreement by and between the City of Victorville and the Southern California Logistics Airport Authority, which agreement included a promissory note (the "2010 Loan Agreement"). The 2010 Loan Agreement documented the City's obligation to repay a $1,903,000 loan to the SCLAA, thus making it an interagency loan agreement. The loan arose from a 2005 transaction in which the former Victorville Redevelopment Agency, on behalf of the City, acquired several properties in the 1993 Victor Valley Redevelopment Plan project area, for purposes of constructing a new library facility near City Hall. The properties were purchased with monies from a fund holding the proceeds of the SCLAA-issued Tax Allocation Parity Bonds Series 2005A (the "2005 SCLAA Bond Fund"), and the City's Building Development Impact Fee (DIF) Fund was the sole obligation for repayment.
Although the term of the original 2010 Loan Agreement was six months, the promissory note attached thereto contained an auto renewal clause which extended the loan term indefinitely until such time as it was paid in full. When the 2010 Loan Agreement was approved, neither the City nor the SCLAA had a policy governing interagency loans.
On April 7, 2015, the City Council and the SCLAA adopted Council Policy No. CP-15-02 entitled "lnterfund and lnteragency Loans" (the "2015 Policy"). The 2015 Policy was somewhat broader than Council Policy No.CP-11-04, which it replaced, as the 2015 Policy applied to both interagency and interfund loans.
During the meeting of August 9, 2016, City and SCLAA Staff further determined that the 2010 Loan Agreement should be amended and restated to better align it with the 2015 Policy, clarify certain terms, and ensure review every five years; consistent with other interfund loan agreements/promissory notes involving DIF Funds that had been approved by the City Council at that same meeting. Accordingly, at the meeting of September 20, 2016, the City Council and the SCLAA Board approved entering into the Second Amended and Restated Loan Agreement in order to update the Loan transaction and make it consistent with the 2015 Policy. The updated Agreement revised the loan amount to $1,929,341 to account for payments made and interest accrued up until that point, and established a due date of June 30, 2021.
2 6
0 7
At the meeting of May 17, 2022, the City Council adopted Resolution No. 22-035 declaring the properties as “Exempt Surplus Land” pursuant to the Surplus Land Act, and authorizing the disposition of such real property to the SCLAA. Upon such disposition, the Second Amended and Restated Loan Agreement by and between the SCLAA and the City, and the related Promissory Note were terminated. Additionally, the SCLAA Board adopted Resolution No. SCLAA-22-009 authorizing the acquisition of this property and the termination of the Second Amended and Restated Loan Agreement and forgiving the related Promissory Note.
Discussion:
The City of Victorville has determined that the current Police Station cannot house additional personnel. The facility has been remodeled numerous times to accommodate 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
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 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. At the meeting of March 21, 2023, the City Council approved a Consultant/Professional Services Provider Agreement with LPA, INC. for the design of a new Police Station and Civic Plaza. LPA has determined the vacant property across from City Hall to be the preferred location for 2 6
0 7
the new Police Station as the site is ready for construction, has multiple secure access points, and can be accessed from two streets.
Although the vacant property across from City Hall totals approximately 2.5 acres, the City only owns one of the nine parcels. Staff and LPA have determined that since the preferred location has been selected, it is now appropriate for the City to purchase the remaining eight parcels from the SCLAA.
The foregoing Resolutions authorize the disposition of the said property from the SCLAA to the City and authorizes the City Manager/Executive Director to execute all related transactional documents. Therefore, staff recommends approval as the transfer of the property to City allows for its highest and best use while implementing two of the City’s strategic goals. Staff remains available for any questions or comments.
Attachments: A. Map of Properties
B. Resolution No. SCLAA 23-005
C. Resolution No. 23-021
D. Purchase and Sale Agreement
E. Resolution No. SCLAA 23-006
ATTACHMENT A
MAP OF PROPERTIES
ATTACHMENT B
RESOLUTION NO. SCLAA 23-005
RESOLUTION NO. SCLAA 23-005
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHERN CALIFORNIA
LOGISTICS AIRPORT AUTHORITY DECLARING THE SUBJECT PROPERTY EXEMPT
SURPLUS LAND AND APPROVING THE PURCHASE AND SALE AGREEMENT BY AND
BETWEEN THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY AND THE CITY OF VICTORVILLE.
WHEREAS, the Southern California Airport Authority (the “Airport Authority”) is a joint powers authority duly formed and existing under the California Joint Powers Act, California Government Code 6500 et seq.; and
WHEREAS, the Airport Authority is the owner in fee simple of Assessor’s Parcel Numbers 0396-131-01, 0396-131-02, 0396-131-03, 0396-131-04, 0396-172-05, 0396- 172-06, 0396-172-07, and 0396-172-08 (collectively the “Subject Property”), consisting of a total of approximately 2.25 acres generally located along Civic Drive in the City of Victorville, California; and
WHEREAS, the City of Victorville (“City”) seeks to acquire the Subject Property and construct a municipal police station and related municipal facilities thereon, pursuant to a Purchase and Sale Agreement ,the form of which is attached hereto as Exhibit ‘A’ and incorporated herein by this reference; and
WHEREAS, under the Surplus Land Act (Government Code Section 54220-54234) (the “Act”), surplus land is land which is owned in fee simple for which a local agency’s governing body takes formal action at a regular public meeting declaring land to be surplus and not necessary for a local agency’s use; and
WHEREAS, under the Act land must be declared either “surplus land” or “exempt surplus land” prior to a local agency disposing of said land; and WHEREAS, pursuant to Section 54221 (f)(1)(D) of the Act, “exempt surplus land” includes land that is transferred to another local, state, or federal agency for such agency’s use; and
WHEREAS, the Airport Authority has determined that the Subject Property is no longer necessary for its use and proposes to sell the Subject Property to the City for the construction of a police station and related facilities; and WHEREAS, the Subject Property is exempt surplus land because it is not necessary for the Airport Authority’s use and exempt under Government Code Section 54221(f)(1)(D) because the Airport Authority will convey the Subject Property to the City for its use and operation; and
WHEREAS, the Airport Authority wishes to sell the Subject Property to the City, approve the Purchase and Sale Agreement, and authorize Airport Authority staff to take certain actions in furtherance of such sale.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SOUTHERN
CALIFORNIA LOGISTICS AIRPORT AUTHORITY DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.
Section 2. That the transfer of Subject Property to the City qualifies as Exempt Surplus Land under Government Code section 54221(f)(1)(D), which includes land transferred to another local, state, or federal agency for such agency’s use.
Section 3. That the Airport Authority Secretary (“Secretary”) shall transmit a certified copy of this Resolution to the California Department of Housing and Community Development (“HCD”) as specified in the Section 400(e) of the HCD Surplus Lands Act Guidelines immediately following the adoption hereof. No transfer of the Subject Properties shall occur until HDC fails to raise objection of this Resolution; but in no event sooner than thirty (30) days from the date of submission of this Resolution to HDC.
Section 4. That Purchase and Sale Agreement attached as Exhibit “A”, with such non-substantive changes as may be approved by the Airport Authority Executive Director (“Executive Director”) in consultation with Airport Authority Counsel, is hereby approved and authorized to be executed by the Executive Director and the Secretary, provided, however, that such execution shall not take place until thirty-one (31) days after the date this Resolution has been delivered to the HCD as set forth above.
Section 5. That this Resolution shall take effect upon its adoption.
Section 6. That the Secretary shall certify to the passage and adoption of this Resolution, shall enter the same in the book of original Resolutions of the Airport Authority; and shall make a minute of passage and adoption thereof in the records of the proceedings of the Airport Authority, in minutes of the meeting at which this Resolution is passed and adopted.
ATTACHMENT C
RESOLUTION NO. 23-021
CITY OF VICTORVILLE
RESOLUTION NO. 23-021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE APPROVING THE PURCHASE OF CERTAIN
PROPERTY LOCATED ALONG CIVIC DRIVE IN THE CITY OF
VICTORVILLE, CALIFORNIA AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SUCH DOCUMENTS AS NECESSARY TO
CONSUMMATE SUCH PURCHASE
WHEREAS, the City of Victorville (the “City”), is a municipal corporation organized under the laws of the State of California; and
WHEREAS, the City has deemed it desirable to purchase from the Southern California Logistics Airport Authority (the “Airport Authority”) approximately 2.25 acres, consisting of Assessor Parcel Numbers 0396-131-01, 0396-131-02, 0396-131-03, 0396-131- 04, 0396-172-05, 0396-172-06, 0396-172-07, and 0396-172-08 (collectively hereinafter the “Property”) generally located along Civic Drive in the City of Victorville, California; and WHEREAS, the purchase of the Property is to be consummated pursuant to the terms of a certain Purchase and Sale Agreement in substantially the form attached hereto as Exhibit “A” and incorporated herein by this reference (the “Purchase and Sale Agreement”); and WHEREAS, the transaction contemplated hereby is a sale of property from one local agency to another local agency for that agency’s use and therefore is exempt surplus land pursuant to Government Code Section 54221(f)(1)(D) for the purposes of California Surplus Lands Act; and
WHEREAS, it is the intent of the City to improve the Property with the construction of certain municipal improvements at the site consisting of a new police station and related facilities, however that any such improvements will be undertaken only following environmental review as may be required under the California Environmental Quality Act (“CEQA”); and
WHEREAS, the City Council of the City (the “City Council”) authorizes the City Manager of the City to execute and sign the Purchase and Sale Agreement and the Certificate of Acceptance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
VICTORVILLE (“CITY COUNCIL”) DOES HEREBY RESOLVE AS FOLLOWS:
Section 1.That the foregoing Recitals are true and correct and are incorporated herein by this reference.
Section 2.That the purchase of the Property pursuant to the Purchase and Sale Agreement, a copy of which is attached hereto as Exhibit “A”, is hereby approved.
Section 3.That the City Manager of the City is hereby authorized to take such actions and execute the Purchase and Sale Agreement and such other documents as may be necessary in order to implement the aforementioned transaction on behalf of the City Council; provided, however, that such execution shall not take place until at least thirty-one (31) days after copies of this Resolution have been submitted to the California Department of Housing and Community Development (“HCD”) in accordance with Article IV, Section 400 (c) of the California Surplus Lands Act Guidelines.
Section 4.That this Resolution shall take effect immediately upon its adoption.
Section 5. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City, in the minutes of the meeting at which this Resolution is passed and adopted.
EXHIBIT A
PURCHASE AND SALE AGREEMENT
[TO BE INSERTED]
EXHIBIT B
Certificate of Acceptance
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
This is to certify that the interest in real property conveyed by the Grant Deed dated ______________________from the SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY, a joint powers authority organized and existing under the laws of the State of California, to the CITY OF VICTORVILLE, a municipal corporation organized under the laws of the State of California, is hereby accepted by order of the City Council of the City of Victorville pursuant to authority conferred by Resolution No. 23-021 adopted on _____________, and the Grantee consents to the recordation thereof by its duly authorized officer
By: ____________________________
Keith C. Metzler
City Manager, City of Victorville
Date: ________________
ATTACHMENT D
PURCHASE AND SALE AGREEMENT
1 CIVIC DRIVE PROPERTY PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (“Agreement”) is made and entered into as of the _____ day of _____________, 2023, by and between THE CITY OF VICTORVILLE, a municipal corporation organized under the laws of the State of California (“Buyer” or “City”) and the SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY, a joint powers authority organized and existing under the laws of the State of California (“Seller” or “Authority”).
RECITALS
A. Seller is the owner in fee simple of eight parcels, Assessor Parcel Numbers (APN) 0396-131-01, 0396-131-02, 0396-131-03, 0396-131-04, 0396-172-05, 0396-172-06, 0396- 172-07, and 0396-172-08 (collectively hereinafter the “Property”), consisting of a total of approximately 2.25 acres generally located along Civic Drive in the City of Victorville, California.
B. Seller has offered to sell Property to Buyer at a specified purchase price and has not been induced or influenced in any way by Buyer before commencing negotiations with the Buyer.
C. Buyer desires to acquire said Property with the proposed intent of constructing certain municipal improvements at the site consisting of a new Victorville Police Station and related facilities; however, use of the property for such purposes will not be undertaken until appropriate environmental review as may be required by the provisions of the California Environmental Quality Act (“CEQA”) has occurred; and.
D. The transaction contemplated hereby is a sale of property from one local agency to another local agency for that agency’s use and therefore is exempt pursuant to Government Code Section 54221(f)(1)(D) for the purposes of California Surplus Lands Act.
TERMS AND CONDITIONS
NOW, THEREFORE, in consideration of the preceding recitals (which are hereby incorporated and made a substantive part of this Agreement) and the mutual promises and covenants hereinafter contained, the parties agree as follows:
Section 1. Acquisition; Acquisition Price. Subject to the provisions of Section 2 hereof, Buyer agrees to acquire from Seller the Property described above. The price to be paid by the Buyer for the acquisition of the Property (the “Purchase Price”) shall be equal to ONE
MILLION, NINE HUNDRED TWENTY-NINE THOUSAND, THREE HUNDRED AND FOURTY ONE DOLLARS ($1,929,341 DOLLARS).
Section 2. Payment of Purchase Price/Transfer by Grant Deed. The Purchase Price shall be paid in full by the Buyer. Upon payment of the Purchase Price, Seller shall transfer 2 ownership of the Property being acquired by the Buyer by grant deed, substantially in the form attached hereto as Exhibit "A" and incorporated herein by this reference.
Section 3. Marketable Title. As a condition to the payment of such Purchase Price, Seller shall convey good and marketable title free of any title defects, liens, encumbrances, conditions, covenants, restrictions, and other adverse interests or known to Seller.
Section 4. Inspection. Buyer has inspected and evaluated the Property to ensure that it has been properly maintained. Any costs incurred by the Buyer in inspecting and approving the Property shall be paid by the Buyer.
Section 5. Property As-Is. Seller makes no representation, warranty, agreement, statement, guarantee or promise, other than those contained in this Agreement, and the Buyer acknowledges that Seller has made no such representation, agreement, statement, warranty, guarantee, or promise regarding the Property or the zoning, construction, physical condition, or other status of the Property, except as herein contained. The Property is being transferred to and accepted by the Buyer in its existing condition AS-IS AND WITH ALL FAULTS.
Section 6. Maintenance. Prior to the transfer of ownership of the Property by Seller to the Buyer, as provided herein, Seller shall be responsible for the maintenance of the Property and shall maintain and transfer same to the Buyer in as good condition as it was at the time of execution of this Agreement.
Section 7. Grant Deed. The Seller shall, at its sole cost, cause the preparation of the necessary legal descriptions and the Grant Deed for the Property.
Section 8. Assumption of Risk. Seller agrees to assume all risk of loss until transfer of title, except to the extent any liability or loss is directly caused by actions of the Buyer.
Section 9. Brokers. Both parties represent and warrant that they have not retained a broker and are not represented by a broker in connection with this Agreement.
Section 10. Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their successors and assigns, except as otherwise provided in this Agreement.
Section 11. CEQA Compliance. Prior to undertaking any construction of any improvements or facilities on the Property, the City shall comply with the applicable provisions of CEQA. Nothing in this Agreement shall be construed to:
(a) bind any party, or commit to any definite course of action with respect to use or improvement of the Property, prior to CEQA compliance; (b) restrict the lead agency from considering any feasible mitigation measures and alternatives, including the “no project” alternative; and (c) restrict the lead agency from denying the project.
3 Section 12. Governing Law. This Agreement and the legal relations between the parties shall be governed by and construed in accordance with the laws of the State of California.
Section 13. Headings. The headings set forth in this Agreement are inserted for convenience only. They do not constitute part of this Agreement and shall not be used in its construction.
Section 14. General. This Agreement contains the entire agreement between the parties with respect to the matters herein provided, and may only be amended by a subsequent written agreement executed by all parties. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. [END OF THIS PAGE]
4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written.
SELLER
SOUTHERN CALIFORNIA LOGISTICS
AIRPORT AUTHORITY
By:
___________________________________
Keith C. Metzler
Executive Director
BUYER
CITY OF VICTORVILLE
By:
___________________________________
Keith C. Metzler
City Manager
ATTEST:
________________________________
Jennifer Thompson. Authority Secretary
ATTEST:
_____________________________
Jennifer Thompson, City Clerk
APPROVED AS TO FORM:
_____________________________________
Andre de Bortnowsky, Authority Counsel
APPROVED AS TO FORM:
_____________________________________
Andre de Bortnowsky, City Attorney
RISK MANAGEMENT:
_________________________________
John Preston, Authority Risk Manager
RISK MANAGEMENT:
_________________________________
John Preston, City Risk Manager
EXHIBIT "A"
GRANT DEED
RECORDING REQUESTED BY:
City of Victorville
WHEN RECORDED MAIL TO:
City of Victorville
P.O. Box 5001
Victorville, CA 92393
Attn: City Clerk
APN: 0396-131-01, 0396-131-02, 0396-131-03, 0396-131-04, 0396-172-05, 0396-172-06, 0396-172-07, and 0396-172-08
GRANT DEED
***Recording of this document is fee-exempt under Government Code Section 6103 and 27383. No Documentary Transfer Tax is due on the document pursuant to Revenue Taxation Code Section 11922*** For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY, a joint powers authority organized and existing under the laws of the State of California (“Grantor”), hereby grants and conveys to the CITY OF VICTORVILLE, a municipal corporation organized under the laws of the State of California (“Grantee”), all that real property situated in the City of Victorville, County of San Bernardino, State of California described as follows:
APN: 0396-131-01, 0396-131-02, 0396-131-03, 0396-131-04, 0396-172-05, 0396-172-06, 0396-172-07, and 0396-172-08
The Grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of sex, marital status, race, color, religion, ancestry, national origin, physical handicap, sexual orientation or domestic partnership status in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property herein conveyed, nor shall the grantee or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessee or vendees in the Property. The foregoing covenants shall run with the land.
IN WITNESS WHEREOF, the undersigned state that they are the person(s) whose signature is required to convey the interest stated within this instrument and has/have caused this instrument to be executed as of the day and year indicated.
GRANTOR:
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
By: Dated :
Keith C. Metzler, Executive Director
Attested: Dated :
Jennifer Thompson, Secretary
Approved as to form:
By: Dated :
Authority Legal Counsel
CERTIFICATE OF ACCEPTANCE
[TO BE ATTACHED]
ATTACHMENT E
RESOLUTION NO. SCLAA 23-006
RESOLUTION NO. SCLAA 23-006
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHERN CALIFORNIA
LOGISTICS AIRPORT AUTHORITY AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2022-2023
WHEREAS, the Executive Director of the Southern California Logistics Airport Authority (“SCLAA”) did heretofore submit to the Board of Directors an estimate of the expenditures and revenues of the City of Victorville departments and offices, together with a proposed budget for the fiscal year 2022/2023; and
WHEREAS, copies of said budget were prepared and distributed to the SCLAA Board of Directors, approved by the Board of Directors prior to June 30, 2022, and have been available for inspection by the public in the office of the Authority Secretary of the SCLAA; and
WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the SCLAA Board of Directors for approval; and WHEREAS, the Executive Director or his designee will provide all necessary justification for the budget amendment in the associated SCLAA agenda report.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SOUTHERN
CALIFORNIA LOGISTICS AIRPORT AUTHORITY HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2022/2023 for the Southern California Logistics Airport Authority be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.
Account Amount Adjusted
4520145-46100
(Off Airport-Sale of Real/Personal Property)
$1,929,341
SECTION 2. That copies of such amended budget, certified by the Authority Secretary, shall be filed with the auditors of the SCLAA and in the office of the Authority Secretary for public inspection and certified copies thereof shall be made available for use by City of Victorville departments, offices and subsidiary districts of the City of Victorville.
Item Number: 9
City Council / Board of Directors
Written Communications
Meeting of: April 4, 2023
Submitted By:
Keith C. Metzler, City Manager
Subject:
Acquisition and Installation of Automatic License Plate Reader Cameras Recommendation:
That Your Honorable City Council:
(1) Approve the purchase of 16 fixed license plate reader cameras in the amount of $177,868.60 from Vigilant Solutions, LLC;
(2) Approve the Enterprise Services Agreement (ESA) for the Automatic License Plate Reader (ALPR) program services for one year;
(3) Approve a Construction Agreement in an amount not to exceed $23,920.00 with Yunex, LLC for the installation of said 16 cameras; and (4) Authorize the City Manager to execute said ESA and Construction Agreement and any transactional related documents to effectuate this transaction.
Fiscal Impact:
Funds for this item are maintained in the City of Victorville SLESF account pursuant to Assembly Bill 3229. Pursuant to legislation, funds in the SLESF account will be used exclusively to fund front-line municipal police services. Utilization of these funds will not have an impact on the City General Fund. This item will result in a Fiscal Impact of $201,788.60. Approval of the recommendation will increase the fund reflected below:
Account No./Description Amended Budget
2702107-55040-20236 (AB3229 Grant – Automatic License
Plate Reader)
$201,788.60
Strategic Plan Goal:
This item aligns with Goal B, Public Safety, focuses on implementing public safety strategies to support a thriving and growing community. In accordance with one strategy outlined within the plan, engaging in proactive policing, the City Council has previously approved Phases 1-5 of the ALPR program.
3 0
5 5
Background:
Since the City Council approved the ALPR program in 2019, Phases 1-5 have been completed, equipping 107 fixed cameras throughout the City. On June 21, 2022, the City Council approved Phase 6 under the Capital Improvement Program, which will add 16 cameras to the program. Adding these additional cameras helps create a perimeter internal to and around the City to better locate the vehicle being sought by our Police Department.
Discussion:
The ALPR program allows law enforcement to proactively prevent crime and improve the security and safety of the community in the most cost-effective fashion. ALPR technology assists with proactive, tactical, and investigative policing, thereby reducing ongoing costs for additional officers with a one-time capital expense. The system immediately notifies our deputies with hits related to wanted vehicles, kidnapping suspects, violent offenders, in-progress robberies, shootings, and critical missing persons.
In 2021 and 2022, the City's ALPR cameras have captured 1,981 hits with 373 arrests for various crimes, including auto theft, robbery, attempted murder, assault/domestic violence, and child abuse, in addition to the recovery of narcotics and firearms. The ALPR cameras provide critical investigative information to solve murders, burglaries, and sex offender violations, among other crimes. This program allows our deputies to proactively prevent crime and improve the security and safety of our citizens.
The additional 16 cameras are part of Phase 6 and are the final phase of this program unless otherwise directed by the City Council. The ALPR program has proven to be an effective tool for proactive policing and will continue to be an invaluable asset to the City's Police Department. Staff is requesting that the City Council approve the acquisition of 16 fixed license plate reader cameras to be positioned throughout the City and approve an Enterprise Services Agreement by and between the City and Vigilant Solutions, LLC to provide the advanced video analysis software technologies, licensing for each camera, and operate such software along with a one-year support and maintenance warranty.
Staff is also requesting the City Council approve the Construction Agreement by and between Yunex, LLC and the City of Victorville in the amount of $23,920.00 for the installation of said 16 cameras and authorize the City Manager to execute said Enterprise Services Agreement and Construction Agreement and any transactional related document to effectuate this transaction.
Attachments: A. Fixed LPR Project Phase 6 Quote
B. Enterprise Services Agreement with Vigilant Solutions, LLC C. RFQ for Installation of LPR Cameras
ATTACHMENT A
FIXED LPR PROJECT PHASE 6 QUOTE
Vigilant Solutions, LLC
P.O Box 841001
Dallas, Texas 75202
(P) 925-398-2079 (F) 925-398-2113
Issued To: City of Victorville - Attention: Tony Camargo Date: 03-08-23 Project Name: Fixed LPR Project (Phase 6) - L5F (Dual Lane) - No Install Quote ID: GSM-1228-19
PROJECT QUOTATION
We at Vigilant Solutions, LLC are pleased to quote the following systems for the above referenced project:
Hardware
Qty Item # Description
(16) VSF-025-L5F
$6,495.00 Each
L5F Fixed LPR Camera with Sun Shield - 25mm Lens with Camera Cable ● Dual-lens camera with infrared LEDs for plate illumination ● 55ft - 85ft capture distance and up to 2 lane coverage ● Internal trigger for capture of plate alphanumerics, vehicle make and model ● Camera housing with included sunshield is IP67 rated for reliable use in varied weather conditions
● 60' camera cable included
● Includes CarDetector LPR software for local server hosting ● LPR vehicle license plate scanning / real time alerting o Full suite of LPR tools including data analytics
Subtotal Price $103,920.00
(16) VS-FX-UNI-POLE-
WALL-BRKT_REV_B
$349.00 Each
Fixed LPR Camera Bracket
● Pole or Wall Mount - UPR ARM ASSY POLE & WALL MOUNT BLK REV B Subtotal Price $5,584.00
(16) BCAV1F2-C600
$2,595.00 Each
Vigilant Fixed Camera Communications Box
● Manages power and communications for up to four (4) Vigilant fixed LPR cameras ● Includes modem for communication with cellular carriers o SIM Card not included
Subtotal Price $41,520.00
Camera Licensing and LEARN
1 Year of Coverage
Qty Item # Description
(1) VSBSCSVC-04
$4,000.00 Each
Vigilant LPR Basic Service Package for Hosted/Managed LPR Deployments ● Managed/hosted server account services by Vigilant
o Includes access to all LEARN or Client Portal and CarDetector software updates ● Priced per camera per year for over 60 total camera units ● Requires new/existing Enterprise Service Agreement (ESA) Subtotal Price $4,000.00
Technical Services
Qty Item # Description
(16) SSU-SYS-COM
$450.00 Each
Vigilant System Start Up & Commissioning of 'In Field' LPR system ● Vigilant technician to visit customer site
● Includes system start up, configuration and commissioning of LPR system ● Includes CDM/CDF Training
● Applies to mobile (1 System) and fixed (1 Camera) LPR systems Subtotal Price $7,200.00
(1) VS-TRVL-01
$1,550.00 Each
Vigilant Travel via Client Site Visit
● Vigilant certified technician to visit client site
● Includes all travel costs for onsite support services Subtotal Price $1,550.00
Delivery
Qty Item # Description
(16) VS-SHP-02
$55.00 Each
Vigilant Shipping Charges - Fixed or Comms
● Applies to each fixed camera LPR System
● Or Communication Box Purchased without LPR System
● Shipping Method is FOB Shipping
Subtotal Price $880.00
(1) Sales Tax
$13,214.60 Each
Sales Tax @8.75% of $151,024.00 = $13,214.60
Subtotal Price $13,214.60
Quote Notes:
1. All prices are quoted in USD and will remain firm and in effect for 60 days.
2. Returns or exchanges will incur a 15% restocking fee.
3. Orders requiring immediate shipment may be subject to a 15% QuickShip fee.
4. No permits, start-up, installation, and or service included in this proposal unless explicitly stated above.
5. All hardware components to have standard One (1) year hardware warranty.
6. This Quote is provided per our conversation & details given by you - not in accordance to any written specification.
7. This Quote does not include anything outside the above stated bill of materials.
8. Motorola's Master Customer Agreement and all applicable addenda, available at https://www.motorolasolutions.com/en_us/about/legal.html shall govern the products and services, and is incorporated herein by this reference.
9. Hardware Installation is not included.
10. One year of hosting and warranty included.
11. Sales tax included.
Quoted by: Troy Sakaguchi - 657-447-9109 - [email protected]
Total Price $177,868.60
Contract Terms Acknowledgement
This Contract Terms Acknowledgement (this “ Acknowledgement”) is entered into between Vigilant Solutions, LLC , a Delaware corporation (“Vigilant”) and the entity set forth in the signature block below (“ Customer”). Vigilant and Customer will each be referred to herein as a “Party” and collectively as the “Parties”.
1. Contract Terms Acknowledgement. Customer acknowledges that they have received St atements of Work that describe the services provided on this Agreement. Parties acknowledge and agree that the terms of the Master Customer Agreement (“MCA”), including all applicable Addenda, shall apply to the Services set forth in the accompanying Ordering Document. Vigilant's Terms and Conditions, available at https://www.motorolasolutions.com/en_us/about/legal.html, including the Master Customer Agreement, is incorporated herein by this reference. By signing the signature block below, Customer certifies that it has read and agrees to the provisions set forth in this Acknowledgement and the signatory to this Acknowledgement represents and warrants that he or she has the requisite authority to bind Customer to this Acknowledgement.
2. Entire Agreement. This Acknowledgement, including the accompanying Ordering Document, supplements the terms of the MCA, applicable Addenda, and Ordering Documents entered between the Parties and forms a part of the Parties’ Agreement.
3. Disputes; Governing Law. Sections 12 – Disputes of the MCA is hereby incorporated into this Acknowledgement mutatis mutandis.
4. Execution and Amendments. This Acknowledgement may be executed in multiple counterparts and will have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic signature, facsimile copy, or computer image of a signature will be treated, and wi ll have the same effect as an original signature, and will have the same effect, as an original signed copy of this document.
This Acknowledgement may be amended or modified only by a written instrument signed by authorized representatives of both Parties.
The Parties hereby enter into this Acknowledgement as of the last signature date below.
Customer: ______________________________
Signature: ______________________________
Name: ______________________________
Title: ______________________________
Email: ______________________________
Date: ______________________________
ATTACHMENT B
ENTERPRISE SERVICES AGREEMENT WITH
VIGILANT SOLUTIONS, LLC
ATTACHMENT C
RFQ FOR INSTALLATION OF LPR CAMERAS
Item Number: 10
City Council / Board of Directors
Written Communications
Meeting of: April 4, 2023
Submitted By:
Keith C. Metzler, City Manager
Subject:
Initiative No. 21-0042A1 – The Taxpayer Protection and Government Accountability Act Recommendation:
That Your Honorable City Council:
1) Adopt Resolution No. 23-022, opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act;
2) Authorize the execution of the letter to the League of California Cities formally opposing the Initiative by the City Manager; and
3) Authorize copies of the executed Resolution No. 23-022 and opposition letter to the League of California Cities.
Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Plan Goal:
The item effects multiple fee generating activities of the City and is, therefore, related to Strategic Goal A – Financial Sustainability.
Background:
On Jan. 4, 2022, the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act” or AG# 21-0042A1. On February 1, 2023, the measure qualified for the November 2024 ballot. The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposes this initiative. Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and and fee authority.
3 0
5 7
The Taxpayer and Government Accountability Act will take billions of dollars away from local government services statewide. The measure, if passed, would financially impact the City of Victorville’s fee revenue by approximately $4 million, increase legal defense costs, invalidate taxes or future reductions of tax revenues, and delay annexations/development.
Discussion:
Local governments levy a variety of fees and other charges to provide core public services.
Major examples of affected fees and charges are:
•Nuisance abatement charges, such as for weed, rubbish, and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.
•Commercial franchise fees.
•Emergency response fees, such as in connection with DUI. •Advanced Life Support (ALS) transport charges.
•Document processing and duplication fees.
•Transit fees, tolls, parking fees, and public airport and harbor use fees. •Facility use charges, fees for parks and recreation services, and garbage disposal tipping fees.
Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge.
Based on the current volume of fees and charges imposed by local agencies, including council-adopted increases to simply accommodate inflation, the League of California Cities estimates the amount of local government fee and charge revenue at risk is approximately $2 billion per year including those adopted since January 1, 2022. Over ten years, $20 billion of local government fee and charge revenues will be at heightened legal peril.
The proposed initiative, if passed, could impact the City of Victorville’s current fees and charges including:
Department/Division Charges and Fee Revenues
Building, inspection & permits $2,243,000
Recreation $680,327
Facilities $91,584
Business License $644,500
Planning $252,500
Animal Control $129,500
Library $56,000
3 0
5 7
Hundreds of local tax measures were approved in 2022 that likely do not comply with the provisions of the initiative. Nearly $2 billion of annual revenues from these voter-approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures, unless the tax is re-submitted for voter approval.
Reductions on local government tax revenues have impacts on core services and infrastructure including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention, and mental health services.
Fines and Penalties Under existing law, cities are required to provide due process before imposing a penalty or fine for violation of its municipal code:
1. A local agency must adopt administrative procedures that govern imposing fines and penalties, including providing a reasonable period of time for a person responsible for a continuing violation to correct or remedy the violation [Gov't Code 53069.4].
2. Notice must be given to the violating party before imposing the penalty; and give the party an opportunity to be heard and present any facts or arguments [Merco Construction Engineers v. Los Angeles Unified School District (1969) 274 CA 2d 154, 166].
3. The fine may not be "excessive" [U.S. Constitution amendments VIII and XIV].
The initiative converts administratively-imposed fines and penalties into taxes unless a new, undefined, and ambiguous “adjudicatory due process” is followed. This provision may put at risk authority to impose fines and penalties for violations of state and local law.
City of Victorville affected fines and penalties include:
Department/Division Fines and Penalties
Code Compliance $890,000
The Taxpayer Protection and Government Accountability Act would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws.
The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts. The measure would have significant negative impacts on City of Victorville operations and core service delivery. Staff recommends Council adopt Resolution No. 23-022 opposing the Taxpayer Protection and Government Accountability Act. Staff remains available for any questions or comments you might have.
3 0
5 7
Attachments: A. Resolution No. 23-022
B. Formal Letter of Opposition
C. Full Text of Ballot Initiative
D. Fiscal Analysis
Attachment A
Resolution No. 23-022
RESOLUTION NO. 23-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE JOINING THE “NO ON INITIATIVE 21 -0042A1”
COALITION OPPOSING INITIATIVE 21 -0042A1, THE
TAXPAYER PROTECTION AND GOVERNMENT
ACCOUNTABILITY ACT
WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and
WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, afforda ble housing, services to support homeless residents, mental health services, and more; and
THEREFORE, BE IT RESOLVED that the City of Victorville opposes Initiative 21-0042A1;
BE IT FURTHER RESOLVED , that the City of Victorville will join the “ No on Init iative 21- 0042A1” coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state and direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].
Attachment B
Letter of Opposition
760.955.5000
FAX 760.269.0013
[email protected]
http://victorvilleca.gov
14343 Civic Drive
P.O. Box 5001
Victorville, California 92393-5001
CITY OF
VICTORVILLE
April 5, 2023
Bismarck Obando
Director of Public Affairs, League of California Cities 1400 K Street, Suite 400
Sacramento, CA 95814
RE: Letter Opposing Initiative 21-0042A1
On April 4, 2023, th e City of Victorville voted to oppose Initiative 21-0042A1, a deceptive, developer- sponsored proposition aimed for the November 2024 statewide ballot that would significantly jeopardize cities’ ability to provide essential services and infrastructure for our residents.
The measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and projects and would limit voter input by prohibiting local advisory measures where voters can express a preference on how they want their local tax dollars spent.
This measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including impacts on local infrastructure and our environment.
This measure also may make it much more difficult for state and local regulators to issue fines and levies on c
orporations that violate laws intended to protect our environment, public health and safety, and our ne
ighborhoods.
Unless defeated, the measure puts billions of dollars currently dedicated to local services at risk, and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services t
o support homeless residents, mental health services, and more.
The proposed initiative, if passed, would impact the City of Victorville’s current fees and charges including:
Department/Division Charges and Fee Revenues
Building, inspection & permits $2,243,000
Recreation $680,327
Facilities $91,584
Business License $644,500
Planning $252,500
Animal Control $129,500
Library $56,000
Also impacted would be the following fines and penalties:
Department/Division Fines and Penalties
Code Compliance $890,000
T
he measure benefits wealthy corporations and real estate developers while decimating our local communities and neighborhoods.
Y
ou may list the City of Victorville in formal opposition to Initiative #21- 0042A1 and include our city as part of the growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state opposed to this deceptive proposition.
S
incerely,
K
eith C. Metzler
City Manager
City of Victorville
Attachment C
Full Text of Ballot Initiative
BELL, McANDREWS & HILTACHK, LLP
Anabel Renteria
Initiative Coordinator
ATTORNEYS AND COUNSEL-ORS AT I.AW
455 C APIT O L MALL , S UITE 600
SACRAMENT O, CALIFOE=INIA 95014
(916) 44;a-7757
FA X [916) 44-;a-7 7 59
www.bmhlaw. com
January 4, 2022
2 1 - 0 0 4 2
RECEIVED
JAN O 4 2022
Office of the Attorney General
State of California
INITIATIVE COORDINATOR
ATTORNEY GENERAL'S OFFICE
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 - Amendment Number One
Dear Initiative Coordinator:
Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed .
I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.
Thank you for your time and attention processing my request.
Sincerely,
~~
Thomas W. Hiltachk
2 1 - 0 0 4 2 Arndt. # /
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.
Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability , have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.
Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot- 1 either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect , and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy , healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1{c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative two thirds vote and voter approval requirements for government revenue increases created by the courts includin g, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.
Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.
Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:
Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt charge.
illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature , and submitted to the electorate and approved by a maiority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.
If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate, stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include:
{A) The type and amount or rate of the tax;
(BJ The duration of the tax: and
2 (CJ The use of the revenue derived from the tax.
(c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed.
Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. e1<eept the follo•Ning:
(e) As used in this section. "exempt charge" means only the following:
(1) a el:iarge imposes fer a s1=1eeifie eenefit eonferreEl or pri'+'ilege granteEl aireetly to tl:ie 13ayor tl:iat is not 1=1ro>viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1<ceeEl tl:ie reasonal3Ie costs to tl:ie State of eonferring the benefit or granting the pri¥ilege to the 1=1a¥OF.
ill {-2+ A reasonable charge irnposeEl for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the rnasonable actual costs to the State of providing the service or product to the payor. f.11 ~ A charge in,poseEl for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge. or exaction collected from local units of government. health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge iR'l13oseEl for entrance to or use of state property, or the purchase. rental, or lease of state property, except charges governed by Section 15 of Article XI. (5} A fine, or penalty, or other monetary el:large including any applicable interest for nonpayment thereot imposed by the judicial branch of government or the State, as a result of a state administrative enforcement agency pursuant to adiudicatorv due process, to punish a violation of law. (6} A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code. flL~Any tax or exempt charge adopted after January 1, 2022 ~, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted B'l the begislatuFe anel signea into law ey tl:ie <iio¥ernoF in compliance with the requirements of this section. [gl[.JlJG:} The State bears the burden of proving by a preponEleranee oftl:le clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. ,tR-a-t tl:ie amouRt is RO n,ore tl:ian neeessary to cover the reasonable costs of the go•.•emn,ental actii,•i:t>,• ane 3 that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the 13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'( (2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. /4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class ofpayor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order. state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted, enacted. enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges.
Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:
Sec. 1. Definitions. As used in this article:
{a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor. and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to provide such service or product.
(b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge, or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration. expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.
4 .lfl..W
11 General tax" means any tax imposed for general governmental purposes. (d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. {clJb} "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or the initiative power provided by a charter or statute . (f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.
{gl_{t} "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg:
(i) As used in this section, "exempt charge" means only the following:
(1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt of conferriAg the beAefit or graAting tl:1e pri¥ilege.
ill R} A reasonable charge imposes for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual costs to the local government of providing the service or product. fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.
W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase, rental, or lease of local government property.
Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment thereat imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law. ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy. f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5 (7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged. and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health and Safety Code.
The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge, or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity.
Section 6. Section 2 of Article XIII C of the California Constitution is amended to read :
Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector. may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. {d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose. (e) Only the governing body of a local government. other than an elector pursuant to Article II or the initiative power provided by a charter or statute. shall have the authority to impose any exempt charge.
The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6 as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
{h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:
Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv, shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section 1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b) Q[Article XII I A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7 (b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.
Section 8. Sections 1 and 14 of Article XIII are amended to read:
Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties.
Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of/aw, such state or local property taxes shall be apportioned according to law to the districts within the counties.
Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.
B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions ofthe other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordabili ty and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect.
C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8 declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid.
D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 ofTitle 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act.
9 Attachment D
Fiscal Analysis
CaliforniaCityFinance.Com
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
Over $20 billion of local government fee and charge revenues over 10 years placed at heightened legal pe
ril. Related public service reductions across virtually every aspect of city, county, special district, and s
chool services especially for drinking water, sewer sanitation, and public health and safety. About $2 billion of revenues each year from fees and charges adopted after January 1, 2021 subject to legal peril.1
Over $2 billion dollars of annual revenues from dozens of tax measures approved by voters between J
anuary 1, 2022 and the effective date of the act2 subject to additional voter approval if not in compliance wit
h the initiative.
Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements. The delay and deterrence of municipal annexations.
Substantially higher legal and administrative cost of public infrastructure financing which will delay and det
er new residential and commercial development.
Service and infrastructure declines including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.
1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures. Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).3
o
Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through the effective date of the Act should it pass would be void a year after the effective date of the initiative.
Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes. A city charter may not be amended to impose, extend, or increase a tax might interfere with the ability of cities that do not already have such authority in their charters to adopt Property Transfer Taxes. o There are no more than a few of these every few years, but it is a valuable tax for those that adopt it.
1 Assumes fee increases since January 1, 2022 would be subject to possible legal challenge if not adopted in compliance with the Initiative.
2 The effective date of the initiative would be sometime in December 2024, the date the California Secretary of State certifies the election results of the November 5, 2024 election.
3 Unlike the initiative 17-0050, this initiative does not eliminate that ability of cities and counties to adopt general taxes by majority voter approval.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530.758.3952 • Fax: 530.758.3952
R
ev . January 14, 2023
– 2 – r e v J anuary 14, 2023
CaliforniaCityFinance.com
Requires that a tax measure adopted after January 1, 2022 and before the effective date of the initiative that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative. o If past election patterns and elections in 2022 are an indicat ion, over 200 tax measures approving more than $2 billion annual revenues to support local public services would not be in compliance and would be subject to reenactment. Most will be taxes without a specific end date and special taxes (including parcel taxes). Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, the measures would each require declaration of emergency and unanimous vote of the governing board to be placed on a special election ballot within a year for approval or the tax will be void after that date. I would expect most to succeed, but some will not, in particular citizen initiative majority vote special taxes which would have to meet a higher voter approval threshold to continue. Requires voter approval to expand an existing tax to new terri tory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "ext ended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions would each require unanimous vote of the agency board to be placed on a special election ballot or would be void a year later.
1.a. Number of Measures and Value of Local Taxes at Risk4 Over a hundred local measures were approved in 2022 that likely do not comply with the provisions of Initiative 21-0042A1. Nearly $2 billion of annual revenues from these voter approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures. We can expect a similar volume of measures in 2024 and a similar volume of non-compliance. So the combined total of annual local funding directly affected by Initiative 21-0042A1 due to its retroactivity provision is about $4 billion.
Citizen Initiative Special Taxes in 2022.
Special taxes placed on the ballot by citizen initiative and approved after January 1, 2022 by a majority but less than two-thirds of the voters are out of compliance with Initiative 21-0042A1.
On June 7, 2022, there were three local special tax measures placed on the ballot by citizen initiative. Two failed to get majority voter approval. A one percent transactions and use tax (sales tax) for the John C. Fremont Healthcare District in Mariposa County received 69.6 percent approval, over the two thirds needed for any special tax under California Constitution Article XIIIC. So this measure was passed in compliance with Initiative 21- 0042A1.
On November 8, 2022, there were 14 local special taxes placed on the ballot by citizen initiative. Seven of these
4 Source: Compilation and summary of data from County elections offices.
June 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
John C. Fremont
Healthcare District Mariposa Measure N Transactions
& Use Tax 1 cent $ 150,000 hospital 40yrs 69.6% PASS
County of Kings Kings Measure F Transactions
& Use Tax 1/2 cent $ 11,700,000 fire none 37.6% FAIL
Manhattan Beach
USD Los Angeles Measure A School Parcel
Tax $1095/yr $ 12,000,000 s chools 12yrs 31.2% FAIL
– 3 – r e v J anuary 14, 2023
CaliforniaCityFinance.com
measures failed with less than majority voter approval. The other seven measures received majority, but less than two-thirds, voter approval. These measures passed under current law but are out of compliance with Initiative 21- 0042A1. Taken together these seven taxes will provide estimated annual revenues of from $900,000 to $1.4 billion in support of parks and recreation, zoo, library, affordable housing, transportation, homelessness prevention, and schools in these communities.
Non-Specific Tax Durations in 2022
Voters approved 106 measures in June 2022 (10) and November 2022 (96) that do not provide a specific duration of time that the tax will be imposed (end date). Typically, the ballot titles for these measures state that the tax would be imposed “until ended by voters.” Four of these measures also did not include any estimate of the annual revenues that the tax would generate, another violation of initiative 21-0042A1. Taken together, these approved local measures generate $561 million per year that will expire a year after the effective date of the initiative if Initiative 21-0042A1 passes.
November 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
Crockett Com m unity
Services District Contra Costa Measure L Parcel Tax $50/parcel $ 60,000 parks/recr none 62.8% PASS Oakland Alameda Measure Y Parcel Tax $68/parcel $ 12,000,000 zoo 2 0yrs 62.5% PASS County of Mendocino Measure O Transactions
& Use Tax
1/8 cent then 1/4
cent in 2027 $ 4,000,000 library none 60.8% PASS
Los Angeles Los Angeles Measure ULA Property
Transfer Tax
4% if >$5m, 5.5%
if >$10m $600 m to $1.1 b affordable
housing none 57.3% PASS
County of Sacram ento Measure A Transactions
& Use Tax same 1/2 cent $ 212,512,500
transportati
on
40yrs 55.3% PASS
San Francisco Proposition M B usiness
Operations Tax
$2500-$5000/
vacant resid unit $ 20,000,000 housing 30yrs 54.5% PASS Santa Monica Los Angeles Measure GS Property
Transfer Tax
$56/$1000 if
>$8m $ 50,000,000
schools,
hom elessne
ss, afford.
housing
none 53.3% PASS
Total $900,000 to
$1.4 billion
Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
County of Calaveras Measure A Transactions
& Use Tax 1 cent $ 5,000,000 fire none 49.4% FAIL
South San Francisco
(for Schools) San Mateo Measure DD School Parcel
Tax $2.50/sf $ 55,900,000 schools none 47.2% FAIL
County of Fresno (for CSU ) Measure E Transactions
& Use Tax
1/5 ct,
1/40 ct (Reedley) $ 36,000,000 Calif State
Univ 20yrs 46.9% FAIL
Santa Cruz Santa Cruz Measure N Parcel Tax $6k/v acant SFU x xx vacant property xxx 44.2% FAIL
County of Monterey Measure Q Parcel Tax $49/parcel $ 5,500,000 ch ildcare 10yrs 41.1% FAIL San Francisco City
College
San
Francisco Measure O School Parcel
Tax $150/sfu $ 37,000,000 schools 10yrs 36.7% FAIL
Morro Bay San Luis
Obispo Measure B Parcel Tax $120+/parcel $ 680,000 harbor none 36.0% FAIL Inverness Public
Utility District Marin Measure O Parcel Tax $0.20/s f,
$150/vacant $ 276,000 fire none 27.0% FAIL
– 4 – r e v J anuary 14, 2023
CaliforniaCityFinance.com
Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Ra te
Annual
Re venue Us e Sunset YES%
Oakland Alameda Measure T B usi ness Tax
Ge n e ra lvarious $ 20,900,000 none 71.4% PASS
Culver City Los Angeles Measure BL B usi ness Tax
Ge n e ra lvarious $ 10,000,000 none 60.5% PASS
El Segundo Los Angeles Measure BT B usi ness Tax
Ge n e ra lvarious $ 3,000,000 none 51.2% PASS
Pico Rivera Los Angeles Measure AB B usi ness Tax
Ge n e ra lvarious $ 5,800,000 none 75.5% PASS
Santa Ana Orange Measure W B usi ness Tax
Ge n e ra lvarious neutral none 64.8% PASS
Tracy San Joaquin Measure B B usi ness Tax
Ge n e ra lvarious $ 3,200,000 none 72.6% PASS
Burlingame San Mateo Measure X B usi ness Tax
Ge n e ra lvarious $ 2,500,000 none 75.1% PASS
Los G atos Santa Clara Measure J B usi ness Tax
Ge n e ra lvarious $ 1,100,000 none 53.4% PASS
Santa Clara Santa Clara Measure H B usi ness Tax
Ge n e ra l
$45/employee,
$15/rental unit $ 6,000,000 none 59.5% PASS
Brisbane San Mateo Measure O B usi ness Tax
lodging bus n $2.50/rm/day $ 250,000 none 69.2% PASS
East Palo Alto San Mateo Measure L B usi ness Tax
resid. rentals
2.5%
grossRcpts $ 1,480,000 none 69.9% PASS
County of Santa Cruz Unincorporated Measure C Bus n Tax - disp cups 12.5cents/cup $ 700,000 none 68.2% PASS
South L ake Tahoe El Dorado Measure G Bus n Tax
Cannabis
6% retail,
manufacturing $ 950,000 none 62.9% PASS
McFarland Kern Measure O Bus n Tax
Cannabis
8% of gross
receipts retail, $ 1,800,000 none 63.5% PASS
Avenal Kings Measure C Bus n Tax
Cannabis
$25+/sf or
15% gr rcpts $ 600,000 none 61.8% PASS
Baldwin Park Los Angeles Measure CB Bus n Tax
Cannabis
4%
grossRcpts $ 300,000 none 51.3% PASS
Claremont Los Angeles Measure CT Bus n Tax
Cannabis
4%-7% gr
rcpts, $1- $ 500,000 none 61.1% PASS
County of Los Angeles Unincorporated Measure C Bus n Tax Cannabis
4% gross
receipts retail, $ 15,170,000 none 60.1% PASS
Cudahy Los Angeles Measure BA Bus n Tax
Cannabis
15%
grossRcpts $ 3,600,000 none 54.0% PASS
El Segundo Los Angeles Measure Y Bus n Tax
Cannabis
10%
G rossR cpt, $ 1,500,000 none 72.8% PASS
Hermosa Beach Los Angeles Measure T Bus n Tax
Cannabis
10%
G rossR cpt, $ 1,500,000 none 67.6% PASS
Lynwood Los Angeles Measure TR Bus n Tax
Cannabis 5%to10% $ 3,000,000 none 66.4% PASS
Santa Monica Los Angeles Measure H M Bus n Tax
Cannabis
10% gross
Rcpts $ 5,000,000 none 66.4% PASS
South E l Monte Los Angeles Measure C M Bus n Tax
Cannabis
6% special
ex cise tax on $ 126,000 none 53.7% PASS
Monterey Monterey Measure J Bus n Tax
Cannabis 6% grossRcpt $ 1,300,000 none 65.2% PASS
Pacific G rove Monterey Measure N Bus n Tax
Cannabis 6% grossRcpt $ 300,000 none 70.8% PASS
Huntington Beach Orange Measure O Bus n Tax
Cannabis
6% retail, 1%
other $ 600,000 none 54.7% PASS
– 5 – r e v J anuary 14, 2023
CaliforniaCityFinance.com
Notes
?= Ballot measure title did not include an estimate of annual revenues, also not in compliance with Initiative 21-0042A1. n/a*= Arcadia Measure SW passed but sports betting remains illegal after the failure of Propositions 26 and 27 on the November statewide ballot.
Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Us e Sunset YES%
L aguna Woods Orange Measure T Bus n Tax
Cannabis
4%-10% of
gross recei pts $ 750,000 none 61.1% PASS
Corona Riverside Measure G Bus n Tax
Cannabis
9% of gross
receipts for $ 5,000,000 none 61.6% PASS
Montclair San Bernardino Measure R Bus n Tax
Cannabis
7%
grossRcpts $ 3,500,000 none 70.3% PASS
County of San Diego Unincorporated Measure A Bus n Tax
Cannabis
6% retail, 3%
distribution, $ 5,600,000 none 57.4% PASS
Encinitas San Diego Measure L Bus n Tax
Cannabis
4% to 7% of
gross recei pts $ 1,400,000 none 65.1% PASS
Healdsburg Sonoma Measure M Bus n Tax
Cannabis 8% grossRcpt $ 500,000 none 72.7% PASS
Exeter Tulare Measure B Bus n Tax
Cannabis
10% retail and
other, $10/sf ? none 66.5% PASS
Tulare Tulare Measure Y Bus n Tax
Cannabis
10% retail and
other, $10/sf ? none 65.2% PASS
Woodland Y olo Measure K Bus n Tax
Cannabis
10%
grossRcpts ? none 66.2% PASS
Redlands San Bernardino Measure J Bus n Tax
Distrib centers
from $0.047/sf
to $0.105/sf $ 530,000 none 53.5% PASS
Arcadia Los Angeles Measure S W Busn Tax
Sports Betting
5%
grossRcpts n/a* none 63.9% PASS
Albany Alameda Measure K ParcelTax $0.074+/sf $ 1,950,000 fire/EMS n o n e 76.0% PASS Cameron Park Airport
District El Dorado Measure J ParcelTax by $600 to
$900/parcel $ 117,900 airport/
streets none 78.2% PASS
Highlands Village
L ighting Benefit Zone El Dorado Measure L ParcelTax $140+/parcel $ 10,920 streets none 86.3% PASS Knolls Property
Owners CSD El Dorado Measure P ParcelTax by $300+ to
$600+/parcel $ 8,400 streets none 75.5% PASS
Sundance Trail Zone of
Benefit El Dorado Measure C ParcelTax $600+/yr $ 24,000 roads none 73.2% PASS South Pasadena Los Angeles Measure L L ParcelTax x x x ? library none 86.2% PASS River Delta Fire District Sacramento Measure H ParcelTax $90/yr $ 1 30,000 fire none 72.1% PASS Emeryville Alameda Meas ure O PropTrans fTax $15/$1000 if $1m-$2m, $ 5,000,000 none 71.6% PASS
San Mateo San Mateo Measure CC PropTransfTax by 1% to 1.5% if >$10m $ 4,800,000 none 71.8% PASS
Alameda Alameda Measure F TOT by 4% to 14% $ 910,000 none 59.2% PASS Clovis Fresno Measure B TOT by 2% to 12% $ 500,000 none 69.7% PASS Kerman Fresno Measure G TOT 10% $ 40,000 none 62.3% PASS Trinidad Humboldt Measure P TOT by 4% to 12% $ 65,000 none 77.6% PASS Imperial Imperial Measure G TOT by 4% to 12% $ 600,000 none 56.2% PASS Arcadia Los Angeles Measure HT TOT by 2% to 12% $ 730,000 none 54.1% PASS Santa Monica Los Angeles Measure CS TOT by 1%, 3%
hom e shares $ 4,100,000 none 73.7% PASS
– 6 – r e v J anuary 14, 2023
CaliforniaCityFinance.com
Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Us e Sunset YES%
Anaheim Orange Measure J TOT online travel
companies $ 3,000,000 none 59.2% PASS
La Palma Orange Measure P TOT by 4% to 12% $ 200,000 none 71.1% PASS Colfax Placer Measure B TOT by 2% to10% $ 29,000 none 73.5% PASS Rocklin Placer Measure F TOT by 2% to 10% $ 300,000 none 59.8% PASS Ros eville Placer Meas ure C TOT by 4% to 10% $ 3,000, 000 none 73.0% PASS Big Bear Lake San Bernardino Measure P TOT by 2% to 10% $ 1,300,000 n o n e 54.4% PASS Grand Terrace San Bernardino Measure M TOT new 10% $ 250,000 none 51.9% PASS Yucca Valley San Bernardino Measure K TOT by 5% to 12% $ 1,300,000 none 71.9% PASS Im perial Beach San Diego Measure R TOT by 4% to 14% $ 400,000 none 67.4% PASS El Paso de Robles San Luis Obisp oMeasure F TOT by 1% to 11% $ 750,000 none 61.2% PASS Belmont San Mateo Measure K TOT by 2% to 14% $ 600,000 none 79.3% PASS Millbrae San Mateo Meas ure N TOT by 2% to 14% $ 1,500, 000 none 75.8% PASS County of Humboldt Unincorporated Measure J TOT by 2% to 12% $ 3,0 80,000 none 63.3% PASS County of Placer -
North Tahoe TOT Area Measure A TOT by 2% to 10% $ 4,000,000 none 90.0% PASS County of Santa Cruz Unincorporated Measure B TOT by 1% to 12% $ 2 ,300,000 none 69.2% PASS County of El Dorado -
East Slope Tahoe Measure S TOT 2/3 by 4% to 14% $ 2,500,000 none 81.8% PASS Chico Butte Measure H TrUT 1 cent $ 24,000,000 none 52.4% PASS Mendota Fresno Measure H TrUT 1.25 cent $ 493,498 none 57.2% PASS Blue Lake Humboldt Measure R TrUT 1 cent $ 30,000 none 55.4% PASS Rio Dell Humboldt Measure O TrUT 3/4cent $ 400,000 none 53.3% PASS County of Kern unincorporated areas Measure K TrUT 1 cent $ 54,000 ,000 none 50.8% PASS McFarland Kern Measure M TrUT 1 cent $ 579,662 none 62.2% PASS Tehachapi Kern Measure S TrUT 1 cent $ 4,000,000 none 57.2% PASS Avenal Kings Measure A TrUT 1 cent $ 500,000 none 72.5% PASS Sus anville Lass en Meas ure P TrUT 1 cent $ 1,750, 000 none 54.7% PASS Baldwin Park Los Angeles Measure BP TrUT 3/4 cent $ 6,000,000 none 58.1% PASS Malibu Los Angeles Measure M C TrUT 1/2 cent $ 3,000,000 none 52.6% PASS Monterey Park Los Angeles Measure M P TrUT 3/4 cent $ 6,000,000 none 58.5% PASS Torrance Los Angeles Measure SS T TrUT 1/2 cent $ 18,000,000 none 55.0% PASS Larkspur Marin Measure G TrUT 1/4 cent $ 700,000 none 59.4% PASS Sand City Monterey Measure L TrUT by 1/2cent to
1.5cents $ 1,400,000 none 68.7% PASS
Hemet Riverside Measure H TrUT same 1 cent $ 15,000,000 none 58.0% PASS Elk Grove Sacramento Measure E TrUT 1 cent $ 21,000,000 none 54.1% PASS Galt Sacramento Measure Q TrUT 1 cent $ 3,600,000 none 52.4% PASS Colton San Bernardino Measure S TrUT 1 cent $ 9,500,000 none 66.8% PASS Ontario San Bernardino Measure Q TrUT 1 cent $ 95,000,000 none 53.2% PASS Solana Beach San Diego Measure S TrUT 1 cent $ 3,000, 000 none 66.7% PASS Brisbane San Mateo Measure U TrUT 1/2 cent $ 2,000,000 none 63.9% PASS Goleta Santa Barbara Measure B TrUT 1 cent $ 10,600,000 none 64.7% PASS Solvang Santa Barbara Measure U TrUT 1 cent $ 1,600,000 none 63.1% PASS – 7 – r e v J anuary 14, 2023
CaliforniaCityFinance.com
Co-temporal Advisory Measures in 2022
At the November 2022 election, there was just one local general tax measure that was accompanied by an advisory measure as to the use of funds. The City of Santa Monica’s Measure DT property transfer tax failed with just 34 percent approval as voters instead chose the citizen initiative Measure GS.
There was also just one such tax use advisory measure on the June 2022 election. Susanville’s voters passed Measure P, a 1 percent transactions and use (sales) tax that generates $1.75 million per year5 for general city services. The measure was accompanied by advisory Measure Q, accompanied the city’s It asked, “If Measure P passes, should the revenues be used to balance the budget to maintain and enhance existing public safety services (police and fire), and provide funding to support street infrastructure improvements and provide funding to support economic development efforts designed to increase businesses, jobs and visitors to Susanville?” Both measures passed. Under Initiative 21-0042A1, the tax will expire a year after the effective date of the initiative (i.e., in December 2025).
1.b. Additional Costs and Public Service Effects of the Tax Provisions Assuming a similar volume of local measures through 2024 as we saw in 2022, there will be over 200 local measures that will need to be redrafted to comply with the Initiative and placed back on the ballot for the taxes to continue after December 2025. The costs of re-drafting, re-placing and re-voting on these measures, previously legally approved by voters, will be in the tens of millions in total statewide.
2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
Subjects new fees and charges for a product or service to a ne w "actual and reasonable test." Subjects fees and charges for entrance to local government pro perty; and rental and sale of local government property to a new, undefined, “reasonable” test. Allows legal challenge to any tax adopted before the effective date of the initiative and after January 1,
5 The Susanville measure also did not include a specific end date and so is included in the list and totals of those measures.
Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Us e Sunset YES%
Watsonville Santa Cruz Meas ure R TrUT 1/2 cent $ 5,000,000 none 64.4% PASS V allejo Solano Measure P TrUT 7/8 cent $ 18,000,000 none 54.7% PASS Modesto Stanislaus Measure H TrUT 1 cent $ 39,000,000 none 62.8% PASS County of Colusa Measure A TrUT 2/3 1/2 cent $ 2,400,000 EMS none 69.4% PASS Atwater Merced Measure B TrUT 2/3 same 1 cent $ 4,000,000 police/fi re none 73.7% PASS Truckee Nevada Measure U TrUT 2/3 by 1/4 cent to
1/2 cent $ 3,000,000 open space
/ trails none 76.4% PASS
Palo Alto Santa Clara Meas ure L UtilityTrans fer 18% gas $ 7,000,000 none 77.7% PASS Santa Clara Santa Clara Meas ure G UtilityTrans fer 5 % $ 30,000,000 none 84.2% PASS Hercules Contra Costa Measure N UUT 8% $ 3,600,000 none 69.3% PASS Carson Los Angeles Measure U U UUT 2% electr, gas $ 8,000,000 none 78.4% PASS Sebastopol Sonom a Measure N UUT 3.75% (sam e) $ 700,000 none 83.5% PASS – 8 – r e v J anuary 14, 2023
CaliforniaCityFinance.com
2022. Such a lawsuit could enjoin (stop) the enactment of the tax pending the outcome of the legal challenge.
Subjects a challenged fee to new, higher burdens of proof if l egally challenged.
2.a. Value on New Local Government Fees and Charges at Risk6 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $2 billion per year including those adopted since January 1, 2022. Of $2 billion, about $900 million (45 percent) is for special districts, $800 million (40 percent) is cities, and $300 million (15 percent) is counties.7 Major examples of affected fees and charges are:
1. Certain water, sanitary sewer, wastewater, garbage, electric , gas service fees.
2. Nuisance abatement charges - such as for weed, rubbish and g eneral nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.
3. Emergency response fees - such as in connection with DUI.
4. Advanced Life Support (ALS) transport charges.
5. Business improvement district charges.
6. Fees for processing of land use and development applications such as plan check fees, use permits, design review, environmental assessment, plan amendment, subdivision map changes.
7. Document processing and duplication fees.
8. Facility use charges, parking fees, tolls.
9. Fines, penalties.
10. Fees for parks and recreation services.
2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development.
***********
mc
6 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts , summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 7 School fees are also affected but the amount is negligible by comparison.
Item Number: 11
City Council / Board of Directors
Written Communications
Meeting of: April 4, 2023
Submitted By:
Sue Jones, Public Information Officer
Subject:
Observance Calendar Proposal
Recommendation:
Any action is at the discretion of the City Council
Fiscal Impact:
Enacting the proposed observance calendar is not expected to have a fiscal impact beyond the currently approved fiscal budget. The proposed methods of recognition such as hosting an event and posting information on social media are already budgeted expenses.
Strategic Plan Goal:
Goal F. Communication and Outreach
An established observance calendar will help us communicate our City values of celebrating diversity and inclusion and help us strengthen connections with our community members.
Background:
The City of Victorville values diversity and works to foster inclusion in our community. We also value efforts to promote a healthy community and to express appreciation for the contributions of our municipal employees. In recent years, the City has publicly recognized a variety of observances that celebrate these values such as Black History Month, Women’s History Month, Breast Cancer Awareness Month, Public Works Week, and National Park and Recreation Month; but without an officially-adopted observance calendar, this effort lacked consistency.
Discussion:
Staff prepared this proposed calendar of observances for City Council consideration. The proposed method of recognition for each observance is included. 3 0
4 0
Having an officially-adopted calendar will ensure observances are aligned with City Council priorities, provide for consistency, and help us focus limited staff resources. An established observance calendar will also help us further communicate our City values of celebrating diversity and inclusion in our community. It will help us foster goodwill with our residents, promote a healthy community, and express appreciation for employees who serve the community of Victorville.
City values as well as past City observances, traditions, programs, and services were used to categorize observances as follows:
-Local, State, and National Holidays
-Celebrations of Diversity and Inclusion
-Municipal and Public Service Appreciation
-Promoting a Healthy Community
-Recognizing Ethnic Heritage
The attached calendar also indicates which of the following methods of recognition are proposed for each observance:
-City Council Meeting Consent Calendar
-Closure of City Offices
-Social Media
-City Hall Lights
-Host an Event
Attachments: A. Proposed Observance Calendar
Attachment A
OBSERVANCE CALENDAR PROPOSAL
HOLIDAYS
Observance Month Day Category Close
Offices
Consent
Calendar
Social
Media
City Hall
Lights
Event(s)
New Years January 1 Holiday
(Federal)
Two Posts
Martin Luther
King Jr Day
January 16 Holiday
(Federal)
Multiple
Posts
Civil Rights
Memorial
Essay
Contest,
Plaque
Unveiling &
Peace
March
Rosa Parks
Day
February 4 Holiday
(State)
Ronald
Reagan Day
February 6 Holiday
(State)
Lincoln Day February
12 Holiday
(State)
Susan B.
Anthony Day
February 15 Holiday
(State)
Presidents
Day
(Washington’s
Birthday)
February
20 Holiday
(Federal)
Single
Post
Cesar Chavez
Day
March 31 Holiday
(State)
Easter March/April
Holiday
(Local)
Multiple
Posts
Spring
Festival
Memorial Day May
29 Holiday
(Federal)
Two Posts Red,
White &
Blue
State Parks
Week
June 14-18 Holiday
(State)
Juneteenth June
19 Holiday
(Federal)
Single
Post
Independence
Day
July 4 Holiday
(Federal)
Multiple
Posts
Red,
White &
Blue
Fireworks
Spectacular
Labor Day September
5 Holiday
(Federal)
Two Posts
Admissions
Day
September
9 Holiday
(State)
Native
American’s
September 23 Holiday
(State)
Celebrations of Diversity & Inclusion
Observance Month Day Category Close
Offices
Consent
Calendar
Social
Media
City Hall
Lights
Event(s)
Black History
Month
February Diversity &
Inclusion
Month
Long
Women’s History
Month
March
Diversity &
Inclusion
Multiple
Posts
Asian American,
Native Hawaiian,
Pacific Islander
Month
May Diversity &
Inclusion
Single
Post
Pride Month June Diversity &
Inclusion
Two Posts Rainbow
Alaskan Native
Heritage Month
November Diversity &
Inclusion
Single
Post
Day
Indigenous
Peoples Day
(formerly
Columbus
Day) *
October
10 Holiday
(State)
Single
Post
Fall Festival October 1st
Saturday
Holiday
(Local)
Multiple
Posts
connected
to event
Orange Fall Festival
Earthquake
Awareness
Day
October 10 Holiday
(State)
Veterans Day November
11 Holiday
(Federal)
Multiple
Posts
Red,
White, &
Blue
Veterans
Day Parade
&
Ceremony
Thanksgiving November Last
Thursday
Holiday
(Federal)
Multiple
Posts
Hanukkah December
18-26 Holiday
(Local)
Single
Post
Christmas December
25 Holiday
(Federal)
Single
Post
Kwanzaa December
and January
26-1 Holiday
(Local)
Single
Post
Municipal and Public Service Appreciation
Observance Month Day Category Close
Office
Consent
Calendar
Social
Media
City Hall
Lights
Event(s)
National Law
Enforcement
Day
January 9 Municipal &
Public
Service
Single
Post
Blue
National Library
Worker Day
March 7 Municipal &
Public
Service
Single
Post
Animal Care &
Control
Appreciation
Week *
April Second
full
week of
April
Municipal &
Public
Service
Single
Post
National Library
Week
April 23-29 Municipal &
Public
Service
Single
Post
International
Firefighters Day
May 4 Municipal &
Public
Service
Single
Post
Red
Public Service
Recognition
Week
May 7-13 Municipal &
Public
Service
Single
Post
National Police
Week
May 15-21 Municipal &
Public
Service
Single
Post
National EMS
Week
May 21-27 Municipal &
Public
Service
Multiple
Posts
Public Works
Week
May 21-27 Municipal &
Public
Service
Multiple
Posts
Orange
Law
Enforcement
Appreciation
Month
May Municipal &
Public
Service
Single
Post
Military
Appreciation
Month
May Municipal &
Public
Service
Single
Post
Park &
Recreation
Month
July Municipal &
Public
Service
Multiple
Posts
National
Aviation Week
August 19-25 Municipal &
Public
Service
Single
Post
Building and
Code Staff
September 1 Municipal &
Public
Single
Post
Appreciation
Day
Service
National IT
Professions Day
September (Third
Tuesday)
Municipal &
Public
Service
Single
Post
National
Custodians Day
October 2 Municipal &
Public
Service
Single
Post
National
Customer
Service Week
October 3-7 Municipal &
Public
Service
Single
Post
National First
Responder’s Day
October 28 Municipal &
Public
Service
Single
Post
National Animal
Shelter
Appreciation
Week
November 6-12 Municipal &
Public
Service
Single
Post
Promoting a Healthy Community
Observance Month Day Category Close
Office
Consent
Calendar
Social
Media
City Hall
Lights
Event(s)
American Heart
Month
February Healthy
Community
Single Post
National Cancer
Prevention
Month
February Healthy
Community
Single Post
National
Epilepsy
Awareness
Month
February Healthy
Community
Single Post
National
Reading Month
March
Healthy
Community
Two Posts
Developmental
Disability
Awareness
Month
March Healthy
Community
Single Post
Earth Day April 22 Healthy
Community
Multiple
Posts tied
to
Community
Cleanup
Event
Green Community
Cleanup
Autism
Awareness
Month
April Healthy
Community
Two Posts Blue
National Child
Abuse
Prevention
Month
April Healthy
Community
Single Post
Mental Health
Awareness
Month
May Healthy
Community
Single Post
Fireworks Safety
Month
June Healthy
Community
Multiple
Posts: If
you light it,
we’ll write
it campaign
National Traffic
Awareness
Month
August
Healthy
Community
Multiple
Posts: Safe
driving
campaign
National Golf
Month
August Healthy
Community
Single Post
World Suicide
Prevention Day
September 10 Healthy
Community
Single Post
World Homeless
Day
October 10 Healthy
Community
Single Post
Domestic
Violence
Awareness
Month
October Healthy
Community
Single Post
National Arts &
Humanities
Month
October
Healthy
Community
Single Post
National Animal
Safety &
Protection
Month
October Healthy
Community
Single Post
National Crime
Prevention
Month
October Healthy
Community
Two Posts
Breast Cancer
Awareness
Month
October Healthy
Community
Single Post
National Fire
Prevention
Month
October Healthy
Community
Two Posts
National Drunk
and Drugged
Driving
Awareness
Month
December Healthy
Community
Single Post
Recognizing Ethnic Heritage
Observance Month Day Category Close
Office
Consent
Calendar
Social
Media
City Hall
Lights
Event(s)
Greek
American
Heritage
March Ethnic
Heritage
Irish American
Heritage
Month
March Ethnic
Heritage
Arab American
Heritage
Month
April Ethnic
Heritage
Scottish
American
Heritage
Month
April Ethnic
Heritage
Haitian
Heritage
Month
May Ethnic
Heritage
Jewish
American
Heritage
Month
May Ethnic
Heritage
South-Asian
Heritage
Month
May Ethnic
Heritage
Caribbean
American
Heritage
Month
June Ethnic
Heritage
French
American
Heritage
Month
July Ethnic
Heritage
German
American
Heritage
Month
September Ethnic
Heritage
National
Hispanic
Heritage
Month
Sept. 15 –
Oct. 15
Ethnic
Heritage
Filipino
American
Heritage
Month
October Ethic
Heritage
Italian October Ethnic
American
Heritage
Month
Heritage
Polish
American
Heritage
Month
October Ethnic
Heritage
Item Number: 12
City Council / Board of Directors
Written Communications
Meeting of: April 4, 2023
Submitted By:
Keith C. Metzler, City Manager
Sophie Smith, Deputy City Manager
Subject:
Termination of Local State of Emergency relative to the COVID-19 pandemic Recommendation:
That Your Honorable City Council adopt Resolution No. 23-024 Terminating the State of Emergency previously declared on March 17, 2020, relative to the COVID-19 pandemic; and rescinding Resolution No. 20-011.
Fiscal Impact:
There is no fiscal impact with this item, however, the City has and will continue to track all costs relating to Coronavirus (COVID-19) response and measures should additional reimbursement from the Federal, State and County governance be available.
Strategic Plan Goal:
This item aligns with Goal A, Financial Sustainability. In accordance with one strategy outlined within the plan, maintaining a long-term financial model for the General Fund, which included anticipating consequences of the pandemic on City revenues and expenditures.
Background:
In December of 2019, a severe, acute respiratory illness now known as COVID-19 was first identified in Wuhan City, China. On March 4, 2020, Governor Gavin Newsom declared a state of emergency in the State of California issuing Executive Order N-25-20.
On March 10, 2020, the County of San Bernardino declared a local health emergency as well. On March 11, 2020, the World Health Organization officially declared COVID-19 a global pandemic and on March 13, 2020, the President of the United States declared a national emergency.
2 9
3 3
Subsequently, the County of San Bernardino confirmed the first case of an individual contracting COVID-19 on March 15, 2020, followed by a second and third case being confirmed on March 16 and 17, 2020. On March 17, 2020, the City Manager of the City of Victorville in his capacity as Director of Emergency Services issued Proclamation No. 20-01 declaring a state of local emergency in the City of Victorville. This declaration gave the City the ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments which was critical to successfully responding to COVID-19.
Pursuant to Government Code Section 8630, the local emergency proclamation was required to be ratified by the governing body. On March 21, 2020, Your Honorable City Council adopted Resolution No. 20-011 ratifying the City Manager’s Proclamation of the Existence of a Local Emergency.
Discussion:
It has been approximately three years since the declaration of a local state of emergency relative to the COVID-19 pandemic. Since that time, the City’s emergency response has been extensive. An overview of milestones relative to that response will be presented during the meeting of April 4, 2023.
Because the circumstances and conditions surrounding the pandemic have significantly changed and improved, declaring an end to the local state of emergency is appropriate.
The Governor proclaimed an end to the statewide local emergency on February 28, 2023.
Likewise, the County of San Bernadino declared an end to its state of emergency on March 1, 2023. The end to the federal state of emergency relative to COVID-19 has also been announced by the White House and is scheduled for May 23, 2023. Staff recommends approval and remains available for any questions or comments you may have.
Attachments: A. Resolution No. 23-024
Attachment A
Resolution 23-024
RESOLUTION NO. 23-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, TERMINATING ST ATE OF LOCAL EMERGENCY
PREVIOUSLY DECLARED ON MARCH 17, 2020, CONCERNING THE
NOVEL CORONAVIRUS (COVID- 19), AND THEREBY RESCINDING
RESOLUTION 20-011
WHEREAS, in December 2019, an outbreak of respirator y illness due to a novel coronavirus (a disease now known as COVID-19) was first identified in Wuhan City, Hubie Province, China; and
WHEREAS, COVID-19 then spread outside of Chin a, impacting more than 75 countries, including the United States; and
WHEREAS, the California Department of Public Health activated its Medical and Health Coordination Center, and the Office of Emergency Services activated the State Operations Center to provide support and guide actions to preserve public health; and
WHEREAS, on March 4, 2020, Governor Newsom declared the existence of a state of emergency for the State of California by issuing Executive Order N-25-20; and
WHEREAS, on March 10, 2020, the San Bernardino Count y Board of Supervisors declared a local health emergency due to COVID-19 and the San Bernardino County Operational Area Emergency Operations Center was activated; and
WHEREAS, on March 11, 2020, the World Health Organization officially declared COVID-19 a global pandemic; and
WHEREAS, the President of the United States declared a national emergency on March 13, 2020, as a result of COVID-19; and
WHEREAS, on March 15, 2020, the County of San Bernar dino confirmed the fi rst case of an individual contracting COVID-19, and a second case was confirmed on March 16, 2020; and
WHEREAS, due to the expanding list of countries with widespread transmission of COVID-19, and increasing travel alerts and warning for co untries experiencing sust ained or uncontrolled community transmission issued by the Center s for Disease Control and Prevention (CDC), COVID-19 created conditions that are more likely to be beyond the control of local resources and require the combined forces of other political subdivisions to combat; and
WHEREAS, since issuing Executive Order N-25-20, the Governor of the State of California took unprecedented additional actions to address COVI D-19 to include having released statewide guidance, urging the highest risk population (indiv iduals who are 65 years or older, or have a compromised immune system) to self-isolate at home; and
WHEREAS, Section 2.36.050 of Chapter 2.36 the Victorville Municipal Code (“VMC”) entitled “Emergency Organization” designates the City Ma nager as the Director of Emergency Services for the City of Victorville (the “City”); and
WHEREAS, Sections 2.36.080(3), (4), and (5) of Chapter 2.36 of the VMC empower the Director of Emergency Services to: (1) control and direct the effort of the emergency organization of the City for the accomplishment of the purposes of Ch apter 2.36; (2) direct cooperation between and coordination of services and staff of the emergency organization of the City; and resolve questions of authority and responsibility th at may arise between them; and (3) represent th e City in all dealings with public or private ag encies on matters pertaining to emergencies as defined therein; and
WHEREAS, Section 2.36.080(1) of Chapte r 2.36 of the VMC further empowers the Director of Emergency Services to request the City Council to proclaim the existence of a local emergency if the City Council is in session, or to issue such proclamation if th e City Council is not in session; and
WHEREAS, Section 2.36.020 of Chapter 2.36 of the VMC in pertinent part defines an emergency as the actual or threatened existence of conditions of disaster or of extrem e peril to the safety of persons and property within the City caused by conditions including an epidemic or other conditions, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City requiri ng the combined forces of other political subdivisions to combat; and
WHEREAS, the City's ability to mobi lize local resources, coordi nate interagency response, accelerate procurement of vital supplies, use mutu al aid, and seek future reimbursement by the State and Federal governments was critical to successfully responding to COVID-19; and
WHEREAS, on March 17, 2020, the City Manager in his authority as the Director of Emergency Services, based upon the aforementi oned recitals concluded that the above-described conditions of extreme peril warranted a proclamation of local emergency and issued Proclamation No. 20-01 proclaiming a state of local em ergency as a result of the nove l coronavirus (COVID-19) global pandemic; and
WHEREAS, the Director of Emergency Services brought the Proclamati on before the City Council for ratification in accordance with G overnment Code section 8630 and Victorville Municipal Code 2.36.080 (1); and
WHEREAS, the City Council found that the aforesaid c onditions were of extreme peril and that the City Council could not be conv ened at that time, and that these conditions did warrant and necessitate the proclamation of a local emergency by its adoption of Resolution No. 20-011; and
WHEREAS, on February 1, 2023, President Biden announced his intention to end the national emergency declaration concerning the COVID-19 pandemic on May 11, 2023; and
WHEREAS, on February 28, 2023, Governor Newson issued a proclamation terminating the state of emergency for the state of Calif ornia, finding that the conditions of extreme peril to the safety of person and property no longer exist relative to the March 4, 2020, declaration of statewide emergency; and
WHEREAS, on March 1, 2023, the County of San Bernardi no terminated its state of emergency declaration due to COVID-19 case rates having dropped significan tly within the county and the COVID-19 vaccine having been administered to nearly 2.2 million county residents at that time.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the recitals set forth above, including the findings and any definitions set forth therein, are true and correct and are hereby incorporated in their entirety by this reference.
Section 2. That the conditions and circumstan ces surrounding the Proclamation of Local Emergency, and the ratification thereof vi a Resolution No. 20-011 no longer exist within the City of Victorville; and the termination of state of local emergency is therefore appropriate.
Section 3. That Resolution No. 20-011, Ratifyi ng the Proclamation of a Local Emergency issued by the Direct or of Emergency Services on March 17, 2020, for the City of Victorville is hereby rescinded.
Section 6. That this Resolution shall take effect immediately upon its adoption.
Section 7. That the City Clerk shall certify to the adoption of this Resolution.
Item Number: 13
City Council / Board of Directors
Written Communications
Meeting of: April 4, 2023
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Consideration of proposed City Council Resolution No. 23-025 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. 23-025.
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 3, 2017, and revised by further resolutions on September 4, 2018, October 1, 2019, June 23, 2020, March 16, 2021, May 17, 2022, October 4, 2022, March 7, 2023, and March 21, 2023.
Discussion:
At the March 21, 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 taking of notes and similar writings during City Council Closed Session 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. 23-025
B. City Council Policy Manual Redlined
C. City Council Policy Manual Clean
Attachment A
RESOLUTION NO. 23 -025
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, 23-015, and 23-018 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 of notetaking or similar writings during Closed Session; 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. 23-018 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
Revised by Resolution No. 23-018 on March 21, 2023
Revised by Resolution No. 23-025___ on April 4, 2023
TABLE OF CONTENTS
TABLE OF CONTENTS i
CHAPTER 1 ‐ INTRODUCTION AND PURPOSE 1
CHAPTER 2 ‐ ROLE OF CITY COUNCIL 2
CHAPTER 3 ‐ COUNCIL MEETINGS 11
CHAPTER 4 ‐ AGENDA 19
CHAPTER 5 ‐ MEETING RULES OF CONDUCT AND DECORUM 22
CHAPTER 6 ‐ ADMINISTRATIVE MATTERS 32
CHAPTER 7 ‐ RELATIONSHIP AND CONDUCT 35
CHAPTER 8 – COMMUNICATION AND REPRESENTATION 40
CHAPTER 9 ‐ COMMISSIONS, COMMITTEES AND BOARDS 48
CHAPTER 10 - ENFORCEMENT 52
-i-
Chapter 1
1 CHAPTER 1 ‐ INTRODUCTION AND PURPOSE
I. PURPOSE OF MANUAL
A. Compile, Revise and Adopt Rules and Policies. By adopting this Policy and Procedures Manual (“Manual”), the City Council of the City of Victorville (the “City Council” or “Council”) hereby establishes updated Rules of Procedure for the preparation of its agendas, conduct of its meetings, and transaction of other City Business. In addition, by adopting this Manual, the City Council further compiles, consolidates, updates, and supersedes any prior Council Policies, Resolutions, rules, and related administrative procedures that have been formally adopted by the City Council addressing the subject matter and/or the topics discussed herein.
B. Provide Standards and Guidance. The purpose of this Manual is to set a standard of professionalism for the conduct of the City Council’s business. Victorville has a long and proud tradition of open government and civil, intelligent public discourse. This Manual is intended to enhance public participation and Council debate so that the best possible decisions can be made for Victorville. While attempting not to be overly restrictive; procedures, policies, and codes of ethics and conduct are being established and/or clarified so that expectations and practices are clearly articulated to guide City Councilmembers in their day -to-day conduct and actions.
C. Ease of Reference. Having the majority of the rules, procedures, practices and policies (hereinafter collectively “Rules”) of the Victorville City Council consolidated and contained in a single, easily -accessible document will clarify expectations and responsibilities and will streamline the conduct of meetings and other City Council business in the public interest.
II. EFFECTIVE DATE AND PERIODIC REVIEW/UPDATE OF MANUAL
A. Effective Date. The Rules contained in this Manual shall be in effec t 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 majority does bind the City Council to a course of action and provides City staff with clear direction to follow. Similarly, City staff is responsible to ensure that the policy set by the City Council is implemented and upheld consistent with the wishes of the majority. Implementation of City Council policy by staff does not reflect a bias against Councilmembers who held a minority opinion on an issue.
II. COUNCIL ELECTION AND GOVERNANCE
The City of Victorville is governed by a five -member City Council elected to four -year terms on a staggered basis. Councilmembers are elected in the general election in November of even - numbered years. The Mayor and Mayor Pro Tem will be appointed by a majority vote of the entire membership of the City Council. The City Council shall appoint the Mayor and Mayor Pro Tem for one-year terms at the first regular meeting in December of every year or as soon thereafter as feasible and, when applicable, following the certification of election results and seating of new City Councilmembers. The newly -appointed Mayor and Mayor Pro Tem assume their positions immediately following the majority vote.
The nomination and appointment procedure for the offices of Mayor and Mayor Pro Tem shall be conducted in successive order and as shown below.
1. The City Clerk opens nominations.
2. The City Clerk receives up to one nomination per Councilmember until no further nominations are forthcoming. Seconds are not required.
3. The City Clerk closes nominations.
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 requis ite consensus of the full body. If such consensus is not gained after the second consecutive Council meeting during which one or more appointments were considered, the sitting Mayor and/or Mayor Pro Tem, as applicable, shall remain in office until the next annual organizational meeting.
III. ROLE AND DUTIES OF MAYOR
A. Official Ceremonial Head of City. The Mayor is recognized as the official head of the City for all ceremonial purposes and shall perform such other duties consistent with the office as set forth in this Manual and as may be delegated to the Mayor by majority vote of the City Council.
B. Presiding Officer. The Mayor is the Presiding Officer at all meetings of the City Council and acts as the chair. In this role, the Mayor has authority and discretion
1. to preserve order at all Council meetings by facilitating the effective conduct of business during meetings and assisting, when deemed necessary, fellow Councilmembers in understanding their roles and responsibilities in municipal governance;
2. to enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of this Manual;
3. to determine the order of business at meetings of the City Council; and
4. to require any person addressing the City Council to be sworn as a witness and to testify under oath when, for example, testifying in judicial or quasi -judicial proceedings. The Mayor or other Presiding Officer shall also require such swearing-in if directed to do so by a majority of the Council.
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 m otor vehicle registration, if any motor vehicles are registered to the elected official for the residence claimed or proof of a valid California driver's license showing their address on their license is within the Disrtict they represent. If the residence address on either the driver's license or auto registration is in process of being changed, the elected official must provide a document from the California Department of Motor Vehicles (Form DMC14) verifying the change is in process. If the elected official does not own an automobile or does not have a California driver's license, the elected official must submit any other State of California issued identification showing that their address on the identification document is consistent with the address shown on their current voter registration.
3. A current utility bill in the elected member's name showing that the service address is within the respective District for the Councilmember in the elected official's name. In the event a utility bill has not been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the elected official's name will suffice. If there is an agreement with a landlord or other legal entity, as verified by a re ntal contract or lease contract, that the landlord or other legal entity will pay the utility bill, the elected official must submit an affidavit signed by the landlord or the other legal entity's Chapter 2
6 authorized legal representative, verifying that the landlord or other legal entity is responsible for paying the utility bill.
4. Other documents showing current residence address in the respective District for Councilmembers:
A. School records or any official document issued by an accredited educational institution, sealed by the school.
B. Current paycheck stub or personnel record issued by the elected official's employer.
C. Current homeowner or renter insurance policy.
D. Current documents issued by any California court or a federal court that lists the name of the elected official and their residence address.
E. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal credit union, or any institution or entity that has issued a credit card.
Additionally, the elected official must sign an affidavit verifying, under penalty of perjury, residency.
In the event that a Councilmember moved to a new residence within the District, after the filing of the previous affidavit, the elected official must confirm the new address within 60 days of moving by providing one of the documents listed in items 1 through 4 and an affidavit to the City Clerk.
Incumbent elected officials who have not relocated since the information required by this Section was last provided may comply with this Section by supplying a copy of a current driver's license or State of California issued identification card and an affidavit that they have not relocated and all previously supplied information remains true and correct. The City Clerk shall confirm that the residence address on the incumbent elected official's voter registration is consistent with the other items supplied to demonstrate the residence address in the respective District that residence is claimed for serving in a City Council seat.
Failure to provide any of the above-required documents on or before January 31st of each year shall be referred to the City Council for further action and could result in his/her office becoming vacant in accordance with Government Code Section 36502, and the City Council could take an action to remove said Councilmember.
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 offic e, 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 a s 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 normall y anticipate or have researched for that particular meeting.
4. Report Possible Absences. Each Councilmember shall report immediately to the Mayor and City Clerk any likelihood of absence in order to ensure the most effective facilitation of City Council meetings. To the extent any Councilmembers are absent or going to be absent for two or more consecutive regular council meetings, that Councilmember should seek the consent of the City Council to excuse such absence either prior to the absence, or immediately upon return, which consent shall require majority vote of the quorum.
C. Councilmember Appointments and Assignments. Following nominations by individual Chapter 2
8 Councilmembers, the City Council confirms by a majority vote of the entire membership its appointments to City commissions, boards, and standing committees, as well as its appointments to the various boards, commissions, and committees of outside agencies on which Councilmembers serve as representatives of the City. The nomination process for such appointments shall follow the same nomination procedures as provided in Chapter 2, Section II of this Manual relating to the nomination of Mayor and Mayor Pro Tem. See Chapter 9 as to the roles and duties of such committee, commission, and board appointees, and additional rules relating to nominations and the filling of vacancies. Chapter 9 also provides rules relating to the creation and purposes of Ad Hoc subcommittees composed of less than a quorum of the City Council.
D. Council Vacancies. Whenever a vacancy occurs in the office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code section 36512 or the provisions of an y ordinance adopted by the City Council thereunder. If a vacancy is to be filled by appointment, and in order that the Council may select the candidate best suited to the position, the City shall initiate an application and interview process which shall be robust, uniform, and free from the appearance of impropriety. Except for official communication with the City Manager’s office, which includes the City Clerk, all contact between Councilmembers and candidates regarding the appointment process and/or poten tial 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 b etween the Council and the administrative staff.
Under the City Manager’s direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and calculating the costs of proposals. However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City.
2. Ex-Officio Roles. The City Council also serves as the Boards for the Victorville Water District (“VWD”), the Southern California Logistics Airport Joint Powers Authority (“SCLAA”), the Southern California Logistics Rail Authority ("SCLRA”), the Library Board of Trustees, the Successor Agency to the Victorville Redevelopment Agency, the Housing Assets Successor, and the Victorville Joint Power s 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 L egislative and Quasi -Judicial Decisions/Acts . Almost all actions or decisions made by the City Council fall into one of two categories: legislative or quasi-judicial.
1. Legislative. These actions/decisions formulate rules to be applied to all future cases.
Examples include, but are not limited to: adoption and amendments to municipal codes, general plans, zoning codes, and personnel regulations. These actions are generally taken by ordinance or resolution.
2. Quasi-Judicial. While legislative actions establish public policy and rules applicable to groups of property or people, quasi -judicial proceedings affect individual properties or parties. Quasi -judicial proceedings involve the application of established standards to individual facts to determine specific rights or to take specific actions under existing law.
3. Due Process. The distinction between these two types of acts/decisions comes into play in the due process afforded to parties (particularly in the public and appeal hearing context), as explained in more detail in Chapter 3, Section VI of this Manual.
G. Issuing Subpoenas. Pursuant to Government Code section 37104, the City Council may issue subpoenas to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before the Council. The form of oaths administered by the City Clerk will be substantially in the following form:
<Name of affiant>
“I hereby declare or affirm under penalty of perjury that the testimony I am about to give before the City Council is the truth.”
H. Compliance with Code of Ethics. On July 7, 2009, the City Council adopted Resolution No. 09- 059 establishing a Code of Ethics setting forth principles and standards of conduct to be observed by all Councilmembers. Immediately upon adoption of this Manual by resolution of the City Council, Resolution No. 09-059 shall be superseded in its entirety by the provisions of Section V, below.
I. Handling Concerns or Complaints from the Public and Staff. Councilmembers shall function within their established roles when listening to concerns or complaints from the public and staff. While it is important to be available when issues arise, Councilmembers shall abide by uniform procedures to ensure ma tters 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 th e story is being heard. Councilmembers shall adhere to their policy role pursuant to Chapter 2 of this Manual, being certain not to interfere with the administrative functions of the City or the professional duties of City staff. The same level of care must be exercised when responding to emails as is described for personal interactions.
Chapter 2
10 Councilmembers shall use the following procedures when handling concerns or complaints:
1. Receive - Listen to what the person has to say without preparing a response.
2. Repeat - Paraphrase or ask a question to clarify for understanding. Ask the person to identify those to whom s/he has spoken about the matter prior to contacting a Council member.
3. Request - Ask what the person would like the Council member to do with the information and/or what is seen as a solution to the problem.
4. Review - Indicate that the information will be shared with the City Manager in order that the City Manager or his or her designee may be able to provide a response or additional information as may be necessary.
V. CODE OF ETHICS FOR COUNCILMEMBERS
A. Intent and Purpose. To assure public confidence in the integrity of local government and its effective and fair operation, this Code of Ethics provides a framework for day-to-day actions and decision-making by Councilmembers and represents a commitment to uphold a standard of integrity beyond that required by law. The citizens and businesses of Victorville are entitled to a fair, ethical, and accountable local government that has earned the public’s full confidence for integrity. To ensure the effective functioning of democratic government, the City Council requires each of the following:
1. Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government.
2. Public officials be independent, impartial, and fair in their judgment and actions.
3. Public office be used for the public good, not for personal gain.
4. Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
B. Principles and Standards. The principles and standards of ethical conduct for Victorville City Councilmembers are hereby established as set forth below.
1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, Councilmembers will work for the common good of the people of Victorville and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Victorville City Council.
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, election campaigns, financial disclosures, employer responsibilities, open government, and City ordinances and policies.
3. Councilmember Conduct . The professional and personal conduct of Councilmembers must be above reproach and avoid the appearance of impropriety. While it is understood that Councilmembers enjoy First Amendment rights, they shall practice civility and decorum in discussions and debate, and refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the Council, boards, commissions, staff, or the public that is intended to disrupt and not further the City's business.
4. Respect for Process. Councilmembers shall perform their duties in accordance with the processes and rules of order established by the Council governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Council by City staff.
5. Decisions Based on Merit. Councilmembers shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.
6. Conflict of Interest. In order to assure their independence and impartiality in the City’s best interest, Councilmembers shall not use their official positions to influence decisions in which they have a conflict of interest.
7. Gifts and Favors. Councilmembers shall follow the laws that apply to the acceptance of gifts or favors as a public official.
8. Use of Title. Councilmembers may use their title only when conducting official City business, for informational purposes, or as an indication of background and expertise.
Individual Councilmembers must be careful not to: 1) exceed or appear to exceed his/her authority, 2) use his/her position to influence others unduly or, 3) use his/her title to improperly gain leverage or preferential treatment.
9. Confidential Information. Councilmembers shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. 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 be immune to potential liability and/or legal proceedings by City employees when the rights of such employees who are acting within the scope of their employment have been infringed upon or violated by Councilmembers.
13. Policy Role of Councilme mbers. Councilmembers shall respect and adhere to the Council-Manager structure of Victorville City government. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, board s, commissions, and City staff. Councilmembers shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions.
14. Enforcement. Councilmembers have the primary responsibility to ensure that this Code of Ethics is followed so the public may have full confidence in the integrity of government.
Although this Code of Ethics and Conduct is intended to “be self-enforcing” and will be most effective when Councilmembers are thoroughly familiar with and embrace its provisions, City Councilmembers who intentionally and/or repeatedly do not follow proper conduct may be subject to an informal reprimand (a statement of disapproval) or formal censure as set forth in Chapter 10 of this Manual.
C. Norms and Protocols. The following norms were agreed to by each individual Councilmember present during the Governance Workshops of February 2020 and February 2021.
Chapter 2
13 1) We conduct ourselves in a
professional manner.
2) We respect open government.
3) We value civil, intelligent public
discourse.
4) We seek to be efficient in our
meetings.
5) We treat all members of the
public with respect.
6) We understand our role in
contributing to a positive
workplace environment.
7) We respect the Council -
Manager form of government,
and Councilmembers do not
interfere with the role of the
City Manager or any
professional duties of City staff.
8) We keep confidential matters
confidential.
9) We know that a good working
relationship between Councilmembers
and with staff fosters good goal setting,
policy making and service delivery.
10) We understand that the Council acts as a
body, all members are equal, and policy
direction is only given by a majority vote
of the Council.
11) We understand that staff is obligated to
implement decisions made by the
Council, even if one of us doesn’t agree
with the Council’s decision.
12) We are prepared for Council meetings
and ask our questions of staff in advance
so we can avoid surprising staff at the
meetings. We know this is good
teamwork.
13) We act with high integrity in all matters
and follow our code of ethics.
Chapter 3
14 CHAPTER 3 ‐ COUNCIL MEETINGS
I. REGULAR MEETINGS
A. Time and Place . As set forth in Section 2.20.040 of the Victorville Municipal Code, regular meetings of the City Council are held the first and third Tuesdays of each month at 5:00 p.m. (Closed Session) and 6:00 p.m. (Regular Session) in the City Council Chambers located at 14343 Civic Drive, Victorville, California. City Hall will be open and accessible to Councilmembers during regular City business hours and at such times as regular and special meetings of the City Council are being held. Regular City business hours are: Monday through Thursday 7:30 a.m. to 5:30 p.m. and Friday 7:30 a.m. to 4:30 p.m.
B. Compliance with Ralph M. Brown Act . To ensure that the deliberations and actions of the City Council are conducted openly and to ensure meaningful public participation, all meetings of the of the City Council shall be held in compliance with the provisions of the Ralph M.
Brown Act, Government Code Section 54950 et seq. (the “Brown Act”).
II. SPECIAL MEETINGS AND EMERGENCY MEETINGS
A. How Called and Held. Special meetings and emergency meetings of the City Council may be called by the Mayor or majority of the City Council and held from time to time consistent with and pursuant to the procedures set forth in the Brown Act. Any special meeting called pursuant to this section shall not be scheduled unless a majority of the City Council has confirmed their availability.
B. Accommodate the Public. To be respectful of the public, unfinished business in any special meeting held immediately prior to a regularly-scheduled meeting should be suspended until the regular meeting is adjourned.
III. CONSIDERATION OF NEW BUSINESS/CANCELLATION OF MEETINGS
A. Consideration of New Business . No new item of Council business as posted in the Written Communications portion of the meeting agenda (See Sections V.B and VI.F of this Chapter) shall be considered after 10:00 p.m. unless approved by a majority vote by the Council. New business not taken up by the Council shall be carried over to the next regular City Council meeting, or the meeting may be adjourned to a date specific at Council’s direction.
B. Cancellation of Meetings. Any regular or special meeting of the Council may be cancelled in advance by a majority vote of the Council during a prior meeting of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have advised the City Clerk of their unavailability to attend a meeting. The City Manager may cancel a meeting when he/she determines there is no business to be conducted at the meeting.
Appropriate notices will be provided. Solely for the purpose of confirming unavailability of members prior to cancelling a meeting, the City Clerk may poll the members of the City Council provided that the City Clerk does not communicate to any Councilmember the Chapter 3
15 responses of any other Councilmembers polled. Written notice of cancellation shall be given to each Councilmember and further shall be posted and distributed to the same parties and in the same manner as the agenda for regular meetings.
IV. MEETING MINUTES
A. Action Minutes. The City Council will use action minutes, which, at the discretion of the City Clerk, will contain either very little, if any, narrative content or a light summary to record their proceedings both during Open Session and Closed Session discussions. Action minutes will include final motions and will note for the record how each Councilmember voted. The minutes will also reflect the names of public speakers, if stated, an d may contain brief summaries of the nature of comments, and in public hearings whether they spoke in support or opposition of the agenda item at issue. The City Clerk will have exclusive responsibility for preparation of the minutes, and any corrections to the minutes will be made by majority vote of the City Council.
B. Reading Not Required. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, the minutes may be approved without a reading if the City Clerk has previously furnished the draft minutes in the City Council agenda packet.
C. Draft Minutes. Draft minutes of meetings are generally submitted to the Council for approval with the agenda packet. Any Councilmember who was absent from the prior meeting may participate and vote on the approval of the minutes and need not abstain on the approval of the minutes for that meeting.
D. Recordings. Recordings of all regular and special meeting proceedings are maintained by the City Clerk for a period of 2 years or as provided for in the City’s currently -adopted records- retention schedule. Closed Session discussions shall not be recorded unless mandated by a court of competent jurisdiction. The City Clerk shall take action minutes of all Closed Session items.
V. CONDUCT OF BUSINESS
A. Generally. The order of business for a Council Meeting is generally shown on the agenda in the order set forth in Section B, below, but may be modified when necessary on a case -by- case basis by the Mayor on his/her own prerogative or by the City Manager, as the Mayor may deem appropriate.
B. General Order of Agenda Items of Business for Council Meetings.
1. Closed Session
• Call to Order/Roll Call
• Public Comment on Closed Session Items
• Declaration of Closed Session Items by City Attorney
• Recess to Closed Session
Chapter 3
16 • Adjourn Closed Session
• Return to Open Session
• Closed Session Announcements by City Attorney
2. Regular Session
• Call to Order/Roll Call
• Closed Session Announcements by City Attorney (to the extent not made immediately following Closed Session as noted above)
• Invocation/Pledge of Allegiance
• Proclamations/Special Presentations
• City Clerk Presents Agenda/Revisions to Agenda to the City Council • Conflict of Interest Declaration(s)
• Public Comments on any agenda item, except for public hearing items, as well as on topics of interest to the public that are within the subject matter jurisdiction of the City Council
A. Appeal Hearings
B. Public Hearings
C. Consent Calendar
D. Written Communications
E. City Manager Reports/Possible Upcoming Agenda Items/Reports from Council Members
3. Adjourn
C. Public Interest . The public interest shall be taken into consideration when the order of business on the agenda is modified. When feasible, topics anticipated to be of greatest interest to the public will be placed at the beginning of the agenda.
VI. DESCRIPTION/EXPLANATION OF PURPOSE OF CERTAIN AGENDA ITEMS
A. Closed Session . The City Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law, to consider or hear any matter that is authorized by State law. The City Council shall exclude from any such closed session any person or persons who it is authorized by State law to exclude from such closed sessions. The general subject matter for consideration shall be shown in the agenda posted for such session pursuant to the procedures set forth in the Brown Act. The City Attorney declares the items on the Closed Session Agenda and makes reports following Closed Sessions in accordance with the Brown Act.
B. Public Comment Periods. Depending on the meeting, these periods are provided at the start of the Closed and Regular Sessions and prior to Council’s consideration of agenda items to satisfy the requirements of the Brown Act. These periods provide the ability for members of the public to address the Council on items appearing on the agenda or on other matters of interest within the jurisdiction of the City Council that do not appear on the agenda.
Chapter 3
17 1. Restrictions. Public Comment Periods should not be utilized by Councilmembers to the extent said use impinges upon and/or diminishes the time allotted for other members of the public to speak, unless a Councilmember has recused himself/h erself from participating in a decision of the Council on a particular agenda item for a financial or other conflict of interest and further is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in sections 18707(a)(3)(C) and 18704(d)(2) of the regulations of the Fair Political Practices Commission (“FPPC”).
2. Reasonable Time, Place, and Manner Limitations. Time and other reasonable limitations may be placed on these comment periods as more particularly described in Chapter 5, Section III of this Manual.
C. Appeal Hearings . Certain decisions made by the City’s Planning Commission, the City Manager, Senior Management, department heads, and/or hearing officers (as specified in the City’s Municipal Code or other applicable law) can be appealed to the City Council. Such decisions usually involve quasi-judicial matters, e.g., granting or denying of permits/licenses or other entitlements.
1. Quasi-Judicial Decisions. If a quasi-judicial appeal is at issue, the City Council must follow stricter procedural requirements similar to those used in a court. (“Quasi-judicial” means court-like.) Fair hearings and impartial decision -makers are required. Quasi-judicial hearings must be conducted in accordance with the principles of due process. When the City Council is acting as the decision -making body in quasi -judicial hearings, Councilmembers must refrain from testifying as members of the public, as such participation absent a recusal from the decision could impair due process and create conflicts of interest.
2. Other Public Hearings. Public hearings held prior to adoption of ordinances or other legislative/policy matters can follow less strict standards.
D. Public Hearings. In general, a public hearing is an open consideration within a regular meeting of the City Council, for which special notice has been given and may be required. During a specified portion of the hearing, residents or concerned members of the public are invited to present protests or offer support for the matter under consideration, subject to reasonable time and other limitations.
1. When Required. Public hearings may be required on certain items as prescribed by the Victorville Municipal Code a nd/or state and federal law. Some examples of when public hearings are generally required include: zoning changes, some annexations, weed abatement items, introduction and first reading of ordinances, and increases of City fees and charges for utilities and other services.
Chapter 3
18 2. Cancellation and Continuances for Hearings Set by Council . Public hearings set by the City Council may be cancelled by a majority vote of the City Council or at the request of the City Manager or City Attorney for good cause. If needed, cancelled public hearings shall be re-noticed in accordance with applicable law. The City Council may also open a public hearing at a meeting, take testimony, leave such hearing open, and continue it to a date certain without re -noticing, upon a majority vote of the City Council, or by the Mayor at the request of the City Manager or City Attorney for good cause.
3. Continuances for Proponents of Projects and/or Appellants. Proponents of Projects for which a public hearing is required and Appellants who have an appeal hearing scheduled before the City Council shall be granted one continuance of that hearing under the following conditions:
(a) Requests for continuances of public hearings and appeal hearings shall be submitted by the proponent/appellant in writing to the City Clerk by no later than the close of business on the date of the Council meeting at which the matter is scheduled to be heard.
(b) The written request shall specify: (1) the reason for the request for continuance, and (2) the Council meeting date on which the proponent/appellant desires the matter to be heard.
(c) The City Council reserves the right to continue the public hearing or appeal hearing to a date and time that is least likely to impact the conduct of regularly agendized City business.
(d) If the proponent/appellant is unable to attend the meeting at which the matter will be heard, the proponent/appellant should designate a representative to appear on his/her behalf.
(e) No further continuances shall be granted unless, in its discretion, the City Council determines by majority vote that it is necessary to do so after considering the testimony and findings presented at the hearing.
4. General Public Hearing Procedure. Public hearings shall generally be conducted as follows:
(a) Staff presents its report, either by way of a written staff report or by in -person oral presentation.
(b) Councilmembers may ask questions of staff, subject to the time limita tions set forth in Chapter 5, Section II.D of this Manual.
(c) The Presiding Officer opens the public hearing.
Chapter 3
19 (d) Members of the public may present their comments, subject to time limits established by the Presiding Officer and/or this Manual.
(e) The Presiding Officer closes the public hearing after everyone wishing to speak has had the opportunity to do so.
(f) Council deliberates and takes action.
5. General Quasi -Judicial Public Hearing Procedure (Land Use Matters and Appeal Hearings). If a public hearing involves a quasi-judicial matter, the provisions of Section VI.C.1 of this Chapter and other due process procedural safeguards will apply. Although the City Attorney shall advise the Council in this regard, such public hearings shall generally be conducted as follows:
(a) Councilmembers disclose any ex parte communications or information obtained outside the Council Chamber, such as field trips, views of the premises, and discussions with individuals.
(b) Staff presents its r eport, either by way of a written staff report or by in -person oral presentation.
(c) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.
(d) The Presiding Officer opens the hearing.
(e) The applicant and/or appellant have the opportunity to present his/her comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her case unless additional time is granted by a majority vote of the Council. In the case of an appeal when the appellant is different from the applicant, the appellant should be called up first to provide comments or testimony. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views.
(f) Members of the public may present their comments, subject to time limits established by the Presiding Officer and/or this Manual.
(g) The applicant and/or appellant have the opportunity to present his/her rebuttal comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her rebuttal case unless additional time is granted by a majority vote of the Council. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views.
(h) The Presiding Officer closes the hearing after everyone wishing to speak has had the opportunity to do so.
Chapter 3
20 (i) Council deliberates and takes action.
E. Consent Calendar. Items on this portion of the agenda include matters considered to be of a routine, administrative, or non‐controversial nature, such as approval of the minutes for a prior meeting(s), approval of the register of demands, and second readin gs 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 th e public. In accordance with the Brown Act, no substantive discussion of specific matters is permitted.
H. Discussion and Possible Action Regarding Items for the Upcoming Agenda . At this time, Councilmembers may make motions to place items on an upcoming agenda. The procedural requirements applicable to this item are in Chapter 4, Section III.
I. Reports from Councilmembers. This portion of the agenda provides Councilmembers the opportunity to briefly comment on City events or projects germane to the business of the Chapter 3
21 City. Councilmembers may also make oral reports on meetings and events attended at the City’s expense. In accordance with the Brown Act, no substantive discussion of specific matters is permitted. Reports from Councilmembers are limited to three (3) minutes per Councilmember, and that time cannot be used to reargue failed motions. The City Clerk has the responsibility to assist Councilmembers with time limits by signaling when the Councilmember is nearing his/her three-minute speaking limit.
Chapter 4
22 CHAPTER 4 ‐ AGENDA
I. GENERAL PURPOSE OF THE AGENDA RULES
A. General. The following rules relating to the agenda for City Council meetings are based on the premise that it is in the interest of good government that the City Council be fully informed on all matters upon which it is called to act. The City Council relies upon City staff to perform research, review potential courses of action, furnish technical information, and recommend solutions to var ious 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 Tuesda y of the week prior to the regularly-scheduled City Council meeting. A copy of the draft agenda is then reviewed by the City Manager, City Attorney, City Clerk, and Senior Management the following Wednesday morning during its standing meeting.
C. City Manager Review. The City Manager reviews and approves all items for each Council agenda. The final agenda items, including staff reports and attachments, are then submitted to the City Clerk, compiled into the final Agenda packet, and distributed to the Council on the Thursday preceding each regularly-scheduled meeting. The agenda packet is simultaneously made available to the public and posted on the City’s website by the City Clerk in accordance with the Brown Act. Once the agenda packet has been delivered to the City Council, items may be added to that agenda by the City Manager or the City Attorney when necessary, provided a supplemental or revised agenda is prepared and posted by the City Clerk in compliance with the Brown Act. In addition, the City Council may take action on items not appearing on the agenda, which are commonly referred to as emergency or urgency items, provided doing so complies with the provisions of Government Code section 54954.2(b).
Chapter 4
23 D. Minimum Requirements. The agenda specifies the time and location of the meeting and a brief general description of each item of business to be transacted or discussed, including items to be discussed in Closed Session, if any. Each agenda item description includes a recommendation to the City Council of the action to be taken.
III. AGENDA ITEM SUBMISSION
A. Placing Items on the Agenda . As provided in sections B, C, and D, below, persons who may place matters on the agenda are City Councilm embers; the City Manager or his/her designated Senior Management staff; and the City Attorney. The City Council may also consider a request from a member of the public to place an item on a future agenda.
B. Councilmember Agenda Requests . To place an item on a future agenda, any Councilmember, including the Mayor, may make a motion or a request to do so during the “Discussion and Possible Action Regarding Items for the Upcoming City Council Agenda” portion of the agenda. In addition, a Councilmember, including the Mayor, may at any time during a meeting make a request or motion to place an item on a future agenda, if the item proposed for future consideration arises in direct relation to an item being discussed. Any request(s) made by a Councilmember sh all be done with a simple contextualization and shall not exceed three (3) minutes unless there is an agreement by a majority vote of the Council to extend the time. No substantive discussion on the subject of the motion or request may occur except to explain the general nature of the item and the issue of timing for its placement on a future agenda. Limited questions may be asked for clarification or to help Councilmembers ascertain whether the motion or request is timely.
1. Second and Majority Vote Req uired. If the motion or request to place an item on a future agenda is seconded and approved by a majority vote of those Councilmembers present, the proposed item will be placed on a future agenda. If there is no second, the motion dies and may not be proposed again at future meetings without the requisite suspension of rules for reconsideration.
2. Timing Direction . If the motion provides specific direction regarding timing, the approved item together with a staff report will be placed on a future agenda consistent with that direction. If the motion is silent regarding timing, appropriate City staff will be directed to prepare a staff report, and the approved item will be placed on a future agenda at the earliest suitable time, as determined by the City M anager and the Mayor.
3. Alterations of General Order of Agenda Items of Business. Certain categories of items of business are required by statute to be on every agenda or are necessary to appropriately conduct the business of the City Council in accordance with its adopted Rules of Discussion and Debate and parliamentary procedure (See Chapter 5).
Therefore, recurring categories of items of business such as: Roll Call/Call to Order, Chapter 4
24 Public Comment Periods, Closed Session Declarations and Announcements, Consent Calendar, Public Hearings, Appeal Hearings, Written Communications, and Council Reports may not be altered without advance review or advice of the City Attorney.
4. Requests for Recurring Agenda Items. Requests by Councilmembers to add the same agenda item to every subsequent agenda are not permitted unless approved by a majority vote of the Council.
C. City Manager and City Attorney. When so directed by a majority vote of the City Council or upon his/her own initiative when circumstances warrant, the City Manager and the City Attorney may place items on the agenda.
D. Agenda Requests by Members of the Public . Upon agreement of a majority of the City Council, the City Council will determine whether to place on a future agenda an item requested by the public. A member of the public may request placement of an item on the agenda for Council consideration in the following ways:
1. A member of the public may write a letter to the City Council.
2. A member of the public may speak during the Public Comment period at a City Council meeting.
Chapter 5
25 CHAPTER 5 ‐ MEETING RULES OF CONDUCT AND DECORUM
I. PARLIAMENTARY RULES AND GENERAL AGENDA ITEM PROCESS
A. Rosenberg’s Rules . Except as otherwise provided in this Manual, the proceedings of the Council at meetings shall be generally guided by the latest revised edition of Rosenberg’s Rules of Order (“Rosenberg’s Rules”). However, no ordinance, resolution, proceeding, or other action of the City Council shall be invalidated, or the legality thereof otherwise affected, by the failure or omission to observe or follow said rules. In the event of a conflict or ambiguity between Rosenberg’s Rules and the rules set forth in this Chapter, the rules in this Chapter shall prevail over Rosenberg’s Rules.
B. General Process for Handling Agenda Items. The following process is the normal order of business for agenda items, except for public hearings, which are discussed in more detail in Section VI of Chapter 3.
1. The Presiding Officer announces the current agenda item. Note: to the extent members of the public wish to provide comments on an agenda item, such comments should be offered during the general public comment period at the beginning of the meeting. Such comments may be taken into consideration by Councilmembers when discussing the particular agenda item.
2. The City Manager or Submitter of the agenda item briefly introduces the item.
3. Staff presents its report (as needed), either by way of a written staff report or by an i n- 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 Off icer 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 resp onse(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 C ouncil. A determination of relevance shall be made by the Presiding Officer but may be appealed to the full Council. Councilmembers shall govern themselves as to the length of their comments but generally shall not exceed a total of five (5) minutes per agenda item (not including the two-minute period for Questions to Staff referenced in Section D, above), unless additional time is approved by a majority vote of the Council. The Presiding Officer or the City Clerk, as may be designated by the Presiding Of ficer, has the responsibility to assist Councilmembers by signaling when the Councilmember has spoken for five (5) minutes. The five-minute time limit may be extended by a majority vote of City Council. No Councilmember shall be allowed to speak more than once on any particular item until every other Councilmember desiring to do so shall have spoken.
Chapter 5
27 F. Interruptions. A Councilmember, once recognized, shall not be interrupted when speaking unless: 1) called to order by the Presiding Officer, 2) a point of order or point of privilege is raised by another Councilmember, 3) the speaker chooses to yield to a question by another Councilmember, or (4) for such other reasons as set forth in Rosenberg’s Rules or this Manual, including, but not limited to, a Councilmember’s right to call the question in order to terminate debate. If a Councilmember while speaking is called to order, he/she shall cease speaking until the question of order is determined; and if interpreted to be in order, may proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
G. Point of Order . When a Councilmember believes a breach of the Council’s parliamentary procedural rules is occurring, he/she may raise a Point of Order to call upon the Presiding Officer to make a determination and enforce the rules of the Council. The Point of Order shall be ruled upon by the Presidin g Officer, subject to the right of any Councilmember to appeal the ruling to the City Council through a valid motion. If a motion to appeal the ruling is seconded, the question shall be, "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively determine the question of order. The motion is debatable, and the Presiding Officer may participate in the debate.
H. Point of Privilege. Any Councilmember can raise a Point of General or Personal Privilege.
1. Point of General Privilege. Appropriate points of general privilege relate to anything that would interfere with the normal comfort of the meeting, such as the temperature of the room or a malfunctioning microphone. If raised, the Presiding Officer would then ask the interrupter to “state your point.”
2. Point of Personal Privilege . The right of a Councilmember to address the council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are questioned or where the welfare of the council is concerned. A Councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor only if the Presiding Officer recognizes the privilege.
I. Move or Call the Question . Any Councilme mber 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 passes, then the original matter is back before the Council, and the matter may be discussed and debated as if it were on the floor for the first time. After the reconsideration of the item has been acted upon, no other motion for reconsideration thereof will be made without the unanimous consent of the Councilmembers present. Matters that are quasi- judicial in nature or matters that require a noticed public hearing cannot be reconsidered.
K. Failed Motions. Failed motions shall not be brought up at a subsequent meeting unless the Council suspends the rules as provided for in Section II. M, below. However, the effect of such action will not operate to adversely affect individual rights that may have been vested in the interim without notice and an opportunity to be heard having been given to the affected party or parties.
L. Remarks of Councilmembers and Synopsis of Debate . A Councilmember may request through the Presiding Officer the privilege of having an abstract of his/her statements on any subject under consideration by the council entered into the minutes. If the council consents thereto, such statements shall be entered into the minutes.
M. Suspend the Rules. Any of the rules related to parliamentary procedures in this Manual (to the extent not governed by State law, such as Government Code section 36936, the provisions of the Political Reform Act, or the FPPC conflicts of interest regulations) may be suspended by a two-thirds (2/3) majority vote. Such suspension may be moved at any time by a Councilmember.
N. Protest Against Council Action. Any Councilmember dissenting from or stating his/her protest against any action of the council may request to have such dissent or protest entered into the minutes. Such dissent or protest to be entered into the minutes shall be in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons . . ."
O. Seconding of Motions Required. A motion by any Councilmember, including the Presiding Officer, may not be considered by the Council without receiving a second.
P. Other Time Limitations. A time limit of three (3) minutes shall be imposed on Councilmembers when speaking during the “Reports from Councilmembers” portion of the agenda.
Q. Reading of Ordinances. Except when the title of an ordinance has been read and further reading is waived by a regular motion adopted by a majority vote of the Council, all ordinances shall be read in full either at the time of introduction or passage.
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 unle ss 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 agenda item(s) on which he/she wishes to comment; state whether his/her comments pertain to a non -agenda item within the City Council’s subject matter jurisdiction; state whom he/she is representing; and whether he/she is representing an organization or ot her 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 Cou ncilmember, a member of the City staff, or member of the audience without permission of the Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer.
(d) During Public Comment periods members of the public may ask questions related to agenda items. However, in order to ensure compliance with the Brown Act the City Council is not required to answer such questions since depending on the nature of the questions, the issues raised may be beyond the scope of the subject matter of the agenda items. Nevertheless, in accordance with Government Code Section 54954.2 (a)3, the Presiding Officer may briefly respond or have staff respond to statements made or questions asked or may request that staff report back to th e 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 oth erwise utilize any other form of electronic visual display technology requiring advanced set up and/or the use of projectors or other specialized equipment. Such controls are intended to help all speakers maximize their time when addressing the City Counci l, instead of dealing with potentially time - consuming setup or technical difficulties.
2. Spokesperson for Group of Persons . To expedite matters and avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter or item, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council; and in case additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council. In situations where more than ten (10) people wish to speak on an item, the Presiding Officer may place reasonable limits on the Public Comment period, including reducing the time allotted to each speaker to one (1) or two (2) minutes and/or a specific time limit for the total presentation (typically not to exceed Chapter 5
32 twenty (20) minutes). Such time limits shall allow for full discussion of the item by interested parties or their representative(s). The purpose for any limitation described in this section is to ensure the Council can address its agenda, avoid repetitive comments and presentations, and conduct business in an orderly and efficient fashion.
3. After a Motion. After a mot ion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first getting permission to do so by a majority vote of the City Council.
B. Rules of Decorum for Council, Public, and Staff. Meetings of the City Council shall be conducted in an orderly manner to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is preserved at all times. The Presiding Officer of the Council shall be responsible for maintaining the order and decorum of meetings. While any meeting of the City Council is in session, the following rules of order and decorum shall be observed:
1. Councilmembers. While the Council is in session, Councilmembers must lend themselves to order and decorum. They shall neither by conversation or otherwise 1) delay or interrupt the proceedings or the peace of the Council, 2) disturb any Councilmember while he/she is speaking or, 3) refuse to obe y 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 distri buted 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. In addition to the foregoing, Councilmembers are prohibited from taking any form of notes or similar writings while attending Closed Session, and to the extent any written materials are shared with Councilmembers during Closed Session, all such materials will be turned in to the City Clerk at the conclusion of the Closed Session.
(d) Exceptions for Emergencies. The limitation specified in subdivision ( ba), 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 Councilmem ber may, with permission of the Presiding Officer, retrieve the device(s) from 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, 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 , live stream , or broadcast during any City Council meeting or position thereof, including recesses and adjournments, f rom a position located on or behind 1) the dais , or 2) any table serving as the dais. Should a Councilmember wish to record, 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.
For assemblies wher e 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 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.
Chapter 5
34 (g) Leaving Seats. Councilmembers shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer.
(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 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 Chapter 5
35 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 Clerk having opened and examined same, the Councilmember shall be respo nsible for providing to the City Clerk the correspondence that is required to be included with agenda materials, as set forth in the Brown Act. All such communications shall be deemed a public record upon receipt, except as set forth in the Public Records Act or other applicable law.
B. City-Issued E-mail Address. Each Councilmember is provided with a City of Victorville domain e-mail address for City-related business purposes and to receive e-mail from constituents, Chapter 6
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 Councilm embers on any official action to be taken falls within the provisions of the Brown Act. Technological devices include, but are not limited to, phones, faxes, computer e‐mail, public access cable TV, and video. Use of such devices to pass information for the purpose of developing concurrence on action to be taken outside of a public meeting is prohibited
2. Other Prohibitions. Personal use of City -issued equipment is prohibited in accordance with Government Code section 8314, except for such minimal and incidental use as specified therein.
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 substantiv e manner with the conduct of City business created on, stored on, and/or transmitted by personal accounts or personal electronic devices may be subject to disclosure under the Public Records Act
B. Limitations and Rules on Use. To the extent feasible, City -issued email accounts and electronic devices shall be used to conduct City business. Limited use of a private device or account for public business by Councilmembers is permissible but discouraged. The following rules must be observed
1. Urge Use of City Electronic Devices/Accounts. Councilmembers shall request persons sending electronic communications regarding City business to a personal account or device to instead utilize the City of Victorville domain e -mail address, City -issued cell phone number, or other official City electronic messaging account provided to the Councilmember
2. When Communications Received on Personal Accounts/Devices . If Councilmembers receive electronic messages regarding City business on their personal electronic messaging account or device, or circumstances require them to conduct City business on a personal account or device, Councilmembers should either
(a) copy (“cc") any communication on his/her personal electronic messaging account or device to his/her City electronic messaging account, or (b) forward the electronic communication to his/her City account as soon as feasible after the original creation or transmission of the electronic communication.
C. Compliance and Additional Policies. The City Council shall comply with the above provisions and any additional administrative policies the Council adopts for City -wide application regarding procedures to be followed with respect to communications received on personal accounts and devices when Public Records Act requests are made.
Chapter 7
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 a nd 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 recog nize said Code of Ethics when dealing with the City Manager. The City Manager is responsible to the City Council rather than to individual Councilmembers and directs and coordinates the various departments
C. Productive Relationship Requirements . The employm ent 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 Victorvi lle Municipal Code. Neither the City Council nor any member shall give orders to, command the services of, or assign work to any subordinates of the City Manager, either publicly or privately. Alternately, contact may be made directly with Senior Managemen t, 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 pers ons or parties in litigation with the City (or any of the entities for which the City Council sits ex -officio as the governing board as noted in Chapter 2, Section IV.D.2 of this Manual) in a manner that compromises the City’s or other entity’s position in such litigation.
9. Include the City Manager in follow -up meetings where a Councilmember has first met with an individual or company representative regarding official business of the City
II. RELATIONSHIP AND CONDUCT WITH CITY ATTORNEY
A. Legal Advisor to the City. In all matters, the City Attorney represents the City and is the legal advisor to the City Council, the City Manager, the City Clerk, Senior Management, and department heads. The general legal responsibilities of the City Attorney are to provide legal assistance necessary for formulation and implementation of legislative policies and projects; to represent the City’s interest, as determined by the City Council, in litigation, Administrative hearings, negotiations, and similar proceeding to prepare and/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 polic ies. To ensure the proper functioning of these cooperative efforts, Councilmembers must avoid intrusion into those areas that are the responsibility of staff. This is necessary to protect staff from undue influence and pressure from individual Councilmembe rs and to allow staff to execute priorities given by management and the Council as a whole
B. Cooperation. Individual Councilmembers, as well as the Council as whole, shall receive the full cooperation and candor of staff in being provided with any requested information.
Requests of the City Attorney‘s office are to be submitted directly to the City Attorney. All other requests of staff are to be submitted through the City Manager’s office
C. Issues of Pressure or Influence. Individual City Councilmembers shall not make attempts to pressure or influence staff decisions, recommendations, workloads, schedules, and department priorities without the prior knowledge and approval of the Council as a whole.
1. If a Councilmember wishes to influence th e 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 b e for the sole purpose of fulfilling his/her responsibilities as delineated throughout this Manual and not for any private or personal interest. Requests will be addressed as quickly as possible under the circumstances at the time, providing that in the judgment of the City Manager (or the City Attorney depending on the nature of the request) the request is not of a magnitude, either in terms of workload or policy, that would require more than thirty (30) minutes of time in which to respond or is of such a nature that it would be more appropriately assigned to staff through the collective direction of the City Council. If the individual Councilmember request goes beyond these parameters, or in the judgment of the City Manager, is not within the scope of City policies or business, the City Manager will bring the request to the full Council for consideration. The method by which responses are delivered to Councilmembers shall comport with the City’s routine business practice.
C. Policy-Related Requests. All Council requests dealing with policy and such other requests that may be construed as direction shall be directed to the City Manager, except for routine general inquiries or questions that will not disrupt city operations, in which case, Councilmembers may approach Senior Management with their requests. Councilmembers may also contact the City Attorney or City Clerk.
D. Funding Requests. Any request from City Council requiring funding must be addressed with the City Manager. The City Manager shall respond in a timely manner.
E. Written Requests Preferable. To assist the City Manager, requests for information are best tracked if submitted in writing, either in memorandum form or through e‐mail. And to ensure proper responsiveness, Councilmembers are asked to copy both the department head and the City Manager on all correspondence with staff.
F. Access to Certain Information Restricted . There are certain restrictions when information cannot be provided. Draft documents (e.g., staff reports in progres s, 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 Cit y 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 t he 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 include attorney -client privileged communication, attorney -client work product, personnel, medical, or similar information —the discl osure 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 the City. The second role is not relinquished when the first role is assumed. It is important to distinguish between the two roles at all times and to conduct business in one role separately from the other. The elected Councilmember retains the right to speak as an individual, not as a member of the City Council, but must make this distinction very clear when he/she does speak on his/her own behalf and not as a member of the City Council. This is because when the Council acts, it acts as a whole, not as a group of individuals.
B. General Policy Considerations . An important role of a Councilmember is communication— communication with the public to assess community opinions and needs, communication with staff to provide policy direction, and communication to gain an understanding of the implications of various policy alternatives. Because the City Counc il acts as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking for the Council. Equally important, when members express personal views and not those of the Council, the public must be so advised.
II. CORRESPONDENCE FROM COUNCILMEMBERS
A. Stationery Use and Related Guidelines.
1. Use of City Letterhead. City letterhead shall be used by the Mayor, Mayor Pro Tem, and City Council only for official City business, communication of adopted City policies and positions, and any related communications. All Councilmembers should be copied on correspondence signed by the Mayor or other Councilmember. Use of City letterhead and/or title on personal matters (those not related to official city business) is not permitted.
2. Personal Stationery . Personal stationery without a City Logo shall be used by any member of the City Council to communicate individual positions, conduct personal correspondence, or communicate positions that may be in opposition to established City Council positions or decisions. Personal stationery shall be printed at the expense of the individual Councilmember, and the aforementioned types of communications shall be mailed at the individual Councilmember’s expense.
3. Correspondence Public Record . All Councilmember correspondence created using City resources, including, but not limited to, City letterhead, postage, envelopes, or staff time, are public records and shall be copied to the full Council, the City Manager, the City Attorney, and the City Clerk.
Chapter 8
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 legislat ion. In considering whether or not to take such action, it is Council policy to determine first if the legislation involves matters pertaining directly to the City of Victorville or its residents as a whole. If the subject matter does not relate directly to City business or to local residents, then the City or City Council can decline to take a position. If the legislation could be expected to affect the City or its residents, then the City Council may elect to take a position. All correspondence articulati ng 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 cerem onial function where the event organizer has requested that a specific Councilmember attend the function.
F. Appearances before Agencies and Organizations . If a member of the City Council appears before another governmental agency or organization to give a statement on an issue affecting the City, the Councilmember should first indicate the majority position and opinion of the Council. Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not represent the position of the City Council.
G. Participation in Community Activities . From time to time, Councilmembers may choose to participate in community activities, committees, events, and task forces. When a Councilmember participates in these types of activities, the Councilmember is acting as an interested party rather than acting on behalf of the City Council. Acting or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representative for the matter.
H. Name Badges. The City issues name badges to all City Councilmembers, the City Manager, the City Clerk, Senior Management, department heads, City Planning Commissioners, City advisory committee members, and other City staff as deemed appropriate by the City Council.
1. Official Use Only. It is not permissible for any City Councilmember or any of the personnel Chapter 8
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 otherwise available to a Councilmember, or for soliciting political contributions. Councilmembers are prohibited from using any other form of non-approved business cards that contain the City logo, the City seal, the City flag, or the City slogan.
IV. CITY COUNCIL SPENDING AND REIMBURSEMENT POLICY
A. Effect of CP-12-01. Except as specified otherwise in this Section, the provisions of the Expense Reimbursement Policy set forth in Council Policy No. CP -12-01, or any amendment(s) to or successor Council Policy adopted in lieu thereof (“CP -12-01”) shall apply to all City Councilmembers. The provisions of Council Policy Nos. CP -93-5 and CP -73-3, to the extent currently in effect, are completely superseded by this Section.
B. Events and Covered Expenses . As long as all other requirements of this Section IV are also met, covered expenses (as that term is used in CP -12-01) incurred by City Councilmembers constitute reimbursable expenses when they engage and/or participate in the following activities and/or events (“Events”):
1. Communicate with representatives of regional, state, and national government and their various agencies and entities on City-adopted or authorized policy positions.
2. Attend educational seminars designed to improve Councilmembers’ skill and information levels.
3. Participate in regional, state, and national organizations, e.g., California League of Cities or National League of Cities, whose activities affect the city’s interests.
4. Attend City-sponsored events.
5. Travel out-of-state or internationally for the above purposes.
C. Advance City Council Approval of Expenditures for Events . Prior to making travel, transportation, and/or lodging arrangements for any Event for which a Councilmember Chapter 8
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 meetings of legislative bodies of outside agencies to which the Councilmember has been appointed to serve as a City representative or alternate pursuant to Chapter 9, Section IV of this Manual.
D. Meeting Reporting Requirement . Councilmembers shall provide a brief report on any meeting or event attended at the expense of the City at the next regular meeting of the Council. If multiple Councilmembers attended the same event, a joint report may be made.
E. Additional Spending and Reimbursement Rules.
1. Spending Tracked . The City Manager’s Office will keep an individual spending and reimbursement record for each Councilmember for the period of July 1 to June 30 of each year.
2. Intrastate/International Travel. No travel outside the state or the country is permitted without advance approval of the City Council, wh o 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, Councilmemb ers 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 tha t 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 meaningl ess. Therefore, these Guidelines and Procedures for the issuance and presentation of ceremonial recognition Items shall be adhered to fully.
C. Jurisdictional Limitations and Description of Ceremonial Recognition Items . Ceremonial recognition items shall be awarded to businesses, organizations, and individuals located in, providing services in, or residing exclusively in the City of Victorville. All other requests will be denied, and the requesting party shall be referred to the appropriate jurisdiction.
1. Certificates of Recognition in Presentation Folders. Certificates of Recognition in Presentation Folders are intended to commend and recognize businesses located in the City of Victorville during small -scale ribbon cuttings, grand openings, and open house events.
2. Letters of Recognition/Congratulations . Letters of Recognition/Congratulations are intended to commend and recognize the following:
(a) Major achievements, such as the Eagle Scout Award and Girl Scout Gold Award. (b) Milestone events, such as the anniversary of an organization, wedding anniversaries of 50 or more years, or other life milestones, such as significant birthdays.
3. Framed Certificates of Recognition. Framed Certificates of Recognition are intended to commend and recognize the following:
(a) Exceptional contributions to the City of Victorville by a community organization, business, or individual; and
(b) Large scale ribbon cuttings, grand openings, anniversaries, and open house events for businesses located in the City of Victorville.
Chapter 8
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 Vict orville 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 reque st an official recognition for or on behalf of any business, organization, or individual associated with an organization in which the Councilmember serves as an employee, member, or volunteer.
7. Only one official signed copy of any form of recognition will b e issued per individual or organization per calendar year.
8. Ceremonial recognition items are not automatically reissued every year. No announcement may be made regarding any recognition item until official confirmation has been received from the Mayor's office.
E. Criteria for Awarding Ceremonial Recognition Items.
1. All ceremonial recognition items shall be consistent with the United States Constitution, the California State Constitution, the Victorville Municipal Code and the various laws passed pursuant to such instruments.
2. The City Manager and his/her City Clerk shall ascertain whether the prospective recipient is in good standing with the City, has any potential conflicts of interest, and/or is related to any member serving on the City Council or working in the City.
3. If the prospective recipient is in good standing with the City, but another potentially disqualifying circumstance exists with either the requester or the prospective recipient, the information shall be brought to the City Council a t the next available City Council meeting to determine whether it is appropriate to provide the ceremonial recognition item.
F. Additional Information Related to Ceremonial Recognition Items.
1. All requests will be submitted to the City Manager and City Clerk at a weekly review meeting for consideration. All items consistent with the guidelines in this Chapter will then be reviewed for further consideration by the Mayor and Mayor Pro -Tem, who will follow the provisions set forth in this chapter.
2. The Mayor shall sign all ceremonial recognition items. However, when a Councilmember is the Chapter 8
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 St ate or local law, commissions and committees have no independent role separate and apart from their role as advisory to the City Council. Commissions, committees, and boards have no authority to appropriate funds or make policy except as otherwise approved by the City Council.
B. Nomination and Confirmation. On or before December 31 st of each year, the City Clerk (or such other staff as the Council may designate) shall prepare and provide to the City Council an appointments list of all regular and ongoing com missions, 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 Cit y Council election takes place, all seats on commissions, committees, and boards for newly elected Councilmembers will be open for nomination and appointment. In years when there is no City Council election, only those seats that are unfilled will be open for nomination and appointment. Such nominations must be confirmed by a majority vote of the full membership of the City Council in order for an appointment to occur. The Presiding Officer shall facilitate appointments in accordance with nomination and appointment procedure set forth in Chapter 2, points 1 -6. To the extent a Councilmember’s nominee for a specific commission, committee, or board does not obtain the requisite affirmative votes, such Councilmember will be given the opportunity to nominate up to three (3) other individuals, either at the same meeting or at subsequent meetings. In the event a Councilmember’s subsequent three (3) nominees are not confirmed by a majority vote of the Council, then the City Council shall appoint a commission, committee, or board member using the same procedures set forth herein. Unscheduled vacancies shall be filled in accordance with Government Code Section 54974. Such unscheduled vacancy appointments shall be coterminous with the appointing Councilmember’s term of office as provided for in City Council Resolution No. 13-049.
C. Instruction and Training . The Council shall ensure that all members of City commissions, committees, and boards are properly instructed on their responsibilities, direction, and performance expectations. Such City commissions, committees, and boards shall also be required to follow the applicable provisions of Resolution No. 13 -049 and any amendments or successor resolutions thereto.
Chapter 9
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 nominatin g 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 necessa ry. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues.
C. Procedure for Recommendations to Council . Advisory City commissions, committees, and subcommittees wishing to communicate progres s, status, and/or recommendations to the City Council must do so through approved Council agenda procedures. In addition, if such commissions, committees, and subcommittees wish to correspond with an outside agency, such correspondence will be prepared by staff for review by the City Manager and possible approval by the City Council. Individual members of City commissions, committees, and subcommittees who would like City staff to perform research or review a particular issue must gain the approval for such a request from the City Manager before any work is planned or done.
IV. COMMISSIONS, COMMITTEES, AND BOARDS ON WHICH COUNCILMEMBERS SERVE AS CITY
REPRESENTATIVES
A. Outside Agencies. City Councilmembers are appointed to serve as City representatives on the boards of commissions and/or committees of outside agencies in the region, such as the Victor Valley Transit Authority (“VVTA”), the San Bernardino County Transportation Authority (“SBCTA”), and the Victor Valley Wastewater Reclamation Authority (“VVWRA”).
Chapter 9
56 B. Procedures. Nomination and confirmation of such representatives and one alternate shall follow the same procedure identified in Section I.B for City Commissions, Committees, and Boards.
C. Absence. Whenever a member of the City Council is unable to attend a regional board or committee meetingto which he or she is designated as the City’s representative, he or she shall notify his/her alternate to request his/her attendance.
D. Duties. Councilmembers ap pointed to serve on outside agencies shall do so as representatives of the City, shall comply with the rules of procedure adopted by such agencies when participating in meetings of such agencies and shall provide updates or reports to the City Council on the activities of such agencies as required.
Chapter 10
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 City policy after other Councilmembers have inform ed 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 o f 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 the conduct, violation, or offense occurred.
(d) The committee shall issue a final report and recommendations to the City Council. The final report shall be made available to the public.
C. Censure Hearing. If a censure hearing is set, it must be set far enough in advance to give the Councilmember subject to the charges adequate time to prepare a defense. That member shall be given the opportunity to make an opening and closing statement and to question his or her accusers. The Councilmember subject to the charges may be represented and may have the representative speak or question on his or her behalf. The Mayor, or the Mayor Pro Tem if the Mayor is the subject of the charges, shall preside at the hearing. The rules of evidence shall not apply to the hearing, which is not a formal adversarial proceeding. The City Attorney or designee shall provide legal advice to the City Council during the hearing.
D. Resolution of Censure . A decision to censure requires the adoption of a resolution making findings with regard to the specific charges, based on substantial evidence, and approved by the affirmative vote of at least three (3) Councilmembers. In accordance with Government Code section 995, upon request of a Councilmember, the City may reimburse the Councilmember’s reasonable attorney fees and costs in defending himself/herself.
III. REMOVAL
A. Disruptive Conduct by Councilmember During Meeting.
1. In addition to the foregoing and as set forth in Section III.C of Chapter 5 of this Manual, the provisions of Government Code Section 36813 shall be applicable to the conduct of Councilmembers during Council meetings. Said Section provides:
The City Council may establish rules for the conduct of its proceedings. It may punish a Councilmember or other person for disorderly behavior at a meeting.
Chapter 10
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 re moval may be made by any Councilmember, including the Mayor, and is not debatable. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
IV. ACKNOWLEDGEMENT OF RECEIPT AND UNDERSTANDING OF MANUAL
Upon first entering office, upon election to any subsequent term, or whenever this City Council Policy and Procedures Manual is updated by City Council Resolution, every Councilmember shall sign a statement affirming that he/she ha s received, read, and understood the provisions set forth in this Manual and furthermore agrees to abide by them.
P:\APPS\WPDATA\VVCA\0002 CITY COUNCIL\COUNCIL POLICY MANUAL\DOC\036.0 CITY COUNCIL POLICY MANUAL REV CH5 RE NOTETAKING RL.DOCX\\GDQ-FS01\COMPANYSHARE\APPS\WPDATA\VVCA\0002 CITY COUNCIL\COUNCIL POLICY MANUAL\DOC\032.2 CITY COUNCIL POLICY MANUAL REV CH5 DJ RL 3.14.DOCX Attachment C
City of Victorville
City Council Policy and Procedures Manual
Adopted by the Victorville City Council
by Resolution No. 17-056 on October 3, 2017
Revised by Resolution No. 18-074 on September 4, 2018
Revised by Resolution No. 19-057 on October 1, 2019
Revised by Resolution No. 20-055 on June 23, 2020
Revised by Resolution No. 21-021 on March 16, 2021
Revised by Resolution No. 22-015 on May 17, 2022
Revised by Resolution No. 22-111 on October 4, 2022
Revised by Resolution No. 23-015 on March 7, 2023
Revised by Resolution No. 23-018 on March 21, 2023
Revised by Resolution No. 23-025 on April 4, 2023
TABLE OF CONTENTS
TABLE OF CONTENTS i
CHAPTER 1 - INTRODUCTION AND PURPOSE 1
CHAPTER 2 - ROLE OF CITY COUNCIL 2
CHAPTER 3 - COUNCIL MEETINGS 11
CHAPTER 4 - AGENDA 19
CHAPTER 5 - MEETING RULES OF CONDUCT AND DECORUM 22
CHAPTER 6 - ADMINISTRATIVE MATTERS 32
CHAPTER 7 - RELATIONSHIP AND CONDUCT 35
CHAPTER 8 – COMMUNICATION AND REPRESENTATION 40
CHAPTER 9 - COMMISSIONS, COMMITTEES AND BOARDS 48
CHAPTER 10 - ENFORCEMENT 52
-i-
Chapter 1
1 CHAPTER 1 ‐ INTRODUCTION AND PURPOSE
I. PURPOSE OF MANUAL
A. Compile, Revise and Adopt Rules and Policies. By adopting this Policy and Procedures Manual (“Manual”), the City Council of the City of Victorville (the “City Council” or “Council”) hereby establishes updated Rules of Procedure for the preparation of its agendas, conduct of its meetings, and transaction of other City Business. In addition, by adopting this Manual, the City Council further compiles, consolidates, updates, and supersedes any prior Council Policies, Resolutions, rules, and related administrative procedures that have been formally adopted by the City Council addressing the subject matter and/or the topics discussed herein.
B. Provide Standards and Guidance. The purpose of this Manual is to set a standard of professionalism for the conduct of the City Council’s business. Victorville has a long and proud tradition of open government and civil, intelligent public discourse. This Manual is intended to enhance public participation and Council debate so that the best possible decisions can be made for Victorville. While attempting not to be overly restrictive; procedures, policies, and codes of ethics and conduct are being established and/or clarified so that expectations and practices are clearly articulated to guide City Councilmembers in their day -to-day conduct and actions.
C. Ease of Reference. Having the majority of the rules, procedures, practices and policies (hereinafter collectively “Rules”) of the Victorville City Council consolidated and contained in a single, easily -accessible document will clarify expectations and responsibilities and will streamline the conduct of meetings and other City Council business in the public interest.
II. EFFECTIVE DATE AND PERIODIC REVIEW/UPDATE OF MANUAL
A. Effective Date. The Rules contained in this Manual shall be in effec t 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 majority does bind the City Council to a course of action and provides City staff with clear direction to follow. Similarly, City staff is responsible to ensure that the policy set by the City Council is implemented and upheld consistent with the wishes of the majority. Implementation of City Council policy by staff does not reflect a bias against Councilmembers who held a minority opinion on an issue.
II. COUNCIL ELECTION AND GOVERNANCE
The City of Victorville is governed by a five -member City Council elected to four -year terms on a staggered basis. Councilmembers are elected in the general el ection in November of even - numbered years. The Mayor and Mayor Pro Tem will be appointed by a majority vote of the entire membership of the City Council. The City Council shall appoint the Mayor and Mayor Pro Tem for one-year terms at the first regular meeting in December of every year or as soon thereafter as feasible and, when applicable, following the certification of election results and seating of new City Councilmembers. The newly -appointed Mayor and Mayor Pro Tem assume their positions immediately following the majority vote.
The nomination and appointment procedure for the offices of Mayor and Mayor Pro Tem shall be conducted in successive order and as shown below.
1. The City Clerk opens nominations.
2. The City Clerk receives up to one nomination per Councilmember until no further nominations are forthcoming. Seconds are not required.
3. The City Clerk closes nominations.
Chapter 2
3 4. The City Clerk calls on each Councilmember to cast by verbal vote the name of his/her nominee of choice.
5. The City Clerk announces the outcome of the vote and declares the appointment upon a majority vote of the full membership.
6. If an appointment is not confirmed, the City Clerk repeats the foregoing procedure once more on the prospect of the City Council reaching agreement.
The newly-appointed Mayor shall preside over the process for the office of Mayor Pro Tem, unless he/she prefers the City Clerk facilitate the appointment.
Should the City Council be unsuccessful in its appointment efforts, whether it be by insufficiency of votes or failed action pursuant to Chapter 5, Section R, Tie Votes, the item shall be reconsidered during the next regular City Council meeting in expectation of securing the requisite consensus of the full body. If such consensus is not gained after the second consecutive Council meeting during which one or more appointments were considered, the sitting Mayor and/or Mayor Pro Tem, as applicable, shall remain in office until the next annual organizational meeting.
III. ROLE AND DUTIES OF MAYOR
A. Official Ceremonial Head of City. The Mayor is recognized as the official head of the City for all ceremonial purposes and shall perform such other duties consistent with the office as set forth in this Manual and as may be delegated to the Mayor by majority vote of the City Council.
B. Presiding Officer. The Mayor is the Presiding Officer at all meetings of the City Council and acts as the chair. In this role, the Mayor has authority and discretion
1. to preserve order at all Council meetings by facilitating the effective conduct of business during meetings and assisting, when deemed necessary, fellow Councilmembers in understanding their roles and responsibilities in municipal governance;
2. to enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of this Manual;
3. to determine the order of business at meetings of the City Council; and
4. to require any person addressing the City Council to be sworn as a witness and to testify under oath when, for example, testifying in judicial or quasi -judicial proceedings. The Mayor or other Presiding Officer shall also require such swearing-in if directed to do so by a majority of the Council.
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 identification card and an affidavit that they have not relocated and all previously supplied information remains true and correct. The City Clerk shall confirm that the residence address on the incumbent elected official's voter registration is consistent with the other items supplied to demonstrate the residence address in the respective District that residence is claimed for serving in a City Council seat.
Failure to provide any of the above-required documents on or before January 31st of each year shall be referred to the City Council for further action and could result in his/her office becoming vacant in accordance with Government Code Section 36502, and the City Council could take an action to remove said Councilmember.
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 Counc ilmember from committee assignments and access to public facilities outside of normal working hours.
B. Advance Preparation for Meetings.
1. Prior Review of Agenda Materials . Prior to attending Council and committee meetings, study sessions and/or workshops, 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 C ity 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 antic ipate or have researched for that particular meeting.
4. Report Possible Absences. Each Councilmember shall report immediately to the Mayor and City Clerk any likelihood of absence in order to ensure the most effective facilitation of City Council meetings. To the extent any Councilmembers are absent or going to be absent for two or more consecutive regular council meetings, that Councilmember should seek the consent of the City Council to excuse such absence either prior to the absence, or immediately upon return, which consent shall require majority vote of the quorum.
C. Councilmember Appointments and Assignments. Following nominations by individual Chapter 2
8 Councilmembers, the City Council confirms by a majority vote of the entire m embership its appointments to City commissions, boards, and standing committees, as well as its appointments to the various boards, commissions, and committees of outside agencies on which Councilmembers serve as representatives of the City. The nomination process for such appointments shall follow the same nomination procedures as provided in Chapter 2, Section II of this Manual relating to the nomination of Mayor and Mayor Pro Tem. See Chapter 9 as to the roles and duties of such committee, commission, and board appointees, and additional rules relating to nominations and the filling of vacancies. Chapter 9 also provides rules relating to the creation and purposes of Ad Hoc subcommittees composed of less than a quorum of the City Council.
D. Council Vacancies. Whenever a vacancy occurs in the office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code section 36512 or the provisions of any ordinance adopted by the City Council thereunder. If a vacancy is to be filled by appointment, and in order that the Council may select the candidate best suited to the position, the City shall initiate an application and interview proces s which shall be robust, uniform, and free from the appearance of impropriety. Except for official communication with the City Manager’s office, which includes the City Clerk, all contact between Councilmembers and candidates regarding the appointment proc ess and/or potential appointment is restricted to a formal interview process during a public meeting. Any candidate who violates this protocol may be excluded from appointment. An ad hoc subcommittee of less than a quorum of the Council shall develop the process for appointment, which is subject to Council approval.
E. Leadership, Goals, and Policy; Ex-Officio Roles of the City Council.
1. Leadership, Goals, and Policy. City Councilmembers are elected to provide leadership in setting goals and in formulating policies. The City Council is the focal point for identifying and interpreting the wishes of the citizens and translating these into specific programs.
Successful goal setting and policy formulation largely depend on a good working relationship amongst the Council and between the Council and the administrative staff.
Under the City Manager’s direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and calculating the costs of proposals. However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City.
2. Ex-Officio Roles. The City Council also serves as the Boards for the Victorville Water District (“VWD”), the Southern California Logistics Airport Joint Powers Authority (“SCLAA”), the Southern California Logistics Rail Authority ("SCLRA”), the Library Board of Trustees, the Successor Agency to the Victorville Redevelopment Agency, the Housing Assets Successor, a nd the Victorville Joint Powers Financing Authority (“JPFA”), with all meetings being held concurrently. References made in this Manual to the City Council also include the Council when acting in it its roles as the boards of the aforementioned entities.
Chapter 2
9 F. Engaging in Legislative and Quasi- Judicial Decisions/Acts . Almost all actions or decisions made by the City Council fall into one of two categories: legislative or quasi-judicial.
1. Legislative. These actions/decisions formulate rules to b e applied to all future cases.
Examples include, but are not limited to: adoption and amendments to municipal codes, general plans, zoning codes, and personnel regulations. These actions are generally taken by ordinance or resolution.
2. Quasi-Judicial. While legislative actions establish public policy and rules applicable to groups of property or people, quasi -judicial proceedings affect individual properties or parties. Quasi -judicial proceedings involve the application of established standards to individual facts to determine specific rights or to take specific actions under existing law.
3. Due Process. The distinction between these two types of acts/decisions comes into play in the due process afforded to parties (particularly in the public and appeal hearing context), as explained in more detail in Chapter 3, Section VI of this Manual.
G. Issuing Subpoenas. Pursuant to Government Code section 37104, the City Council may issue subpoenas to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before the Council. The form of oaths administered by the City Clerk will be substantially in the following form:
<Name of affiant>
“I hereby declare or affirm under penalty of perjury that the testimony I am about to give before the City Council is the truth.”
H. Compliance with Code of Ethics. On July 7, 2009, the City Council adopted Resolution No. 09- 059 establishing a Code of Ethics setting forth principles and standards of conduct to be observed by all Councilmembers. Immediately upon adoption of this Manual by resolution of the City Council, Resolution No. 09-059 shall be superseded in its entirety by the provisions of Section V, below.
I. Handling Concerns or Complaints from the Public and Staff. Councilmembers shall function within their established roles when listening to concerns or complaints from the public and staff. While it is important to be available when issues arise, Councilmembers shall abide by uniform procedures to ensure matters are handled expeditiously and everyone is treated respectfully and fairly. Councilmembers shall remain neutral when receiving reports, conveying that they have no individual authori ty to resolve issues and further recognizing that only one side of the story is being heard. Councilmembers shall adhere to their policy role pursuant to Chapter 2 of this Manual, being certain not to interfere with the administrative functions of the City or the professional duties of City staff. The same level of care must be exercised when responding to emails as is described for personal interactions.
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 Written Communications portion of the meeting agenda (See Sections V.B and VI.F of this Chapter) shall be considered after 10:00 p.m. unless approved by a majority vote by the Council. New business not taken up by the Council shall be carried over to the next regular City Council meeting, or the meeting may be adjourned to a date specific at Council’s direction.
B. Cancellation of Meetings. Any regular or special meeting of the Council may be cancelled in advance by a majority vote of the Council during a prior meeting of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have advised the City Clerk of their unavailability to attend a meeting. The City Manager may cancel a meeting when he/she 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 Mayor may deem appropriate.
B. General Order of Agenda Items of Business for Council Meetings.
1. Closed Session
• Call to Order/Roll Call
• Public Comment on Closed Session Items
• Declaration of Closed Session Items by City Attorney
• Recess to Closed Session
Chapter 3
16 • Adjourn Closed Session
• Return to Open Session
• Closed Session Announcements by City Attorney
2. Regular Session
• Call to Order/Roll Call
• Closed Session Announcements by City Attorney (to the extent not made immediately following Closed Session as noted above)
• Invocation/Pledge of Allegiance
• Proclamations/Special Presentations
• City Clerk Presents Agenda/Revisions to Agenda to the City Council • Conflict of Interest Declaration(s)
• Public Comments on any agenda item, except for public hearing items, as well as on topics of interest to the public that are within the subject matter jurisdiction of the City Council
A. Appeal Hearings
B. Public Hearings
C. Consent Calendar
D. Written Communications
E. City Manager Reports/Possible Upcoming Agenda Items/Reports from Council Members
3. Adjourn
C. Public Interest. The public interest shall be taken into consideration when the order of business on the agenda is modified. When feasible, topics anticipated to be of greatest interest to the public will be placed at the beginning of the agenda.
VI. DESCRIPTION/EXPLANATION OF PURPOSE OF CERTAIN AGENDA ITEMS
A. Closed Session . The City Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law, to consider or hear any matter that is authorized by State law. The City Council shall exclude from any such closed se ssion 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 den ying of permits/licenses or other entitlements.
1. Quasi-Judicial Decisions. If a quasi-judicial appeal is at issue, the City Council must follow stricter procedural requirements similar to those used in a court. (“Quasi-judicial” means court-like.) Fair hearings and impartial decision -makers are required. Quasi-judicial hearings must be conducted in accordance with the principles of due process. When the City Council is acting as the decision- making body in quasi -judicial hearings, Councilmembers must refrain from testifying as members of the public, as such participation absent a recusal from the decision could impair due process and create conflicts of interest.
2. Other Public Hearings. Public hearings held prior to adoption of ordinance s or other legislative/policy matters can follow less strict standards.
D. Public Hearings. In general, a public hearing is an open consideration within a regular meeting of the City Council, for which special notice has been given and may be required. During a specified portion of the hearing, residents or concerned members of the public are invited to present protests or offer support for the matter under consideration, subject to reasonable time and other limitations.
1. When Required. Public hearings may be required on certain items as prescribed by the Victorville Municipal Code and/or state and federal law. Some examples of when public hearings are generally required include: zoning changes, some annexations, weed abatement items, introduction and first reading of ordinances, and increases of City fees and charges for utilities and other services.
Chapter 3
18 2. Cancellation and Continuances for Hearings Set by Council . Public hearings set by the City Council may be cancelled by a majority vote of the City Council or at the request of the City Manager or City Attorney for good cause. If needed, cancelled public hearings shall be re-noticed in accordance with applicable law. The City Council may also open a public hearing at a meeting, take testimony, leave such hearing open, and continue it to a date certain without re -noticing, upon a majority vote of the City Council, or by the Mayor at the request of the City Manager or City Attorney for good cause.
3. Continuances for Proponents of Projects and/or Appellants. Proponents of Projects for which a public hearing is required and Appellants who have an appeal hearing scheduled before the City Council shall be granted one continuance of that hearing under the following conditions:
(a) Requests for continuances of public hearings and appeal hearings shall be submitted by the proponent/appellant in writing to the City Clerk by no later than the close of business on the date of the Council meeting at which the matter is scheduled to be heard.
(b) The written request shall specify: (1) the reason for the request for continuance, and (2) the Council meeting date on which the proponent/appellant desires the matter to be heard.
(c) The City Council reserves the right to continue the public hearing or appeal hearing to a date and time that is least likely to impact the conduct of regularly agendized City business.
(d) If the proponent/appellant is unable to attend the meeting at which the matter will be heard, the proponent/appellant should designate a representative to appear on his/her behalf.
(e) No further continuances shall be granted unless, in its discretion, the City Council determines by majority vote that it is necessary to do so after considering the testimony and findings presented at the hearing.
4. General Public Hearing Procedure. Public hearings shall generally be conducted as follows:
(a) Staff presents its report, either by way of a written staff report or by in- person oral presentation.
(b) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.
(c) The Presiding Officer opens the public hearing.
Chapter 3
19 (d) Members of the public may present their comments, subject to time limits established by the Presiding Officer and/or this Manual.
(e) The Presiding Officer closes the public hearing after everyone wishing to speak has had the opportunity to do so.
(f) Council deliberates and takes action.
5. General Quasi -Judicial Public Hearing Procedure (Land Use Matters and Appeal Hearings). If a public hearing involves a quasi-judicial matter, the provisions of Section VI.C.1 of this Chapter and other due process procedural safeguards will apply. Although the City Attorney shall advise the Council in this regard, such public hearings shall generally be conducted as follows:
(a) Councilmembers disclose any ex parte communications or information obtained outside the Council Chamber, such as field trips, views of the premises, and discussions with individuals.
(b)
Staff presents its report, either by way of a written staff report or by in- person oral presentation.
(c) Councilmembers may ask q uestions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.
(d) The Presiding Officer opens the hearing.
(e) The applicant and/or appellant have the opportunity to present his/her comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her case unless additional time is granted by a majority vote of the Council. In the case of an appeal when the appellant is different from the applicant, the appellant should be called up first to provide comments or testimony. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views.
(f) Members of the public may present their comments, subject to time limits established by the Presiding Officer and/or this Manual.
(g) The applicant and/or appellant have the opportunity to present his/her rebuttal comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her rebuttal case unless additional time is granted by a majority vote of the Council. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views.
(h) The Presiding Officer closes the hearing after everyone wishing to speak has had the opportunity to do so.
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 vo te. After the vote, the City Clerk will announce the outcome as: “Motion carries unanimously with the exception of Councilmember A voting ‘no’ on item x.”
F. Written Communications. Items on this portion of the agenda are each discussed/debated and voted on separately.
G. Reports from City Manager. The City Manager provides brief general announcements of current events and matters of interest to Council and the public. In accordance with the Brown Act, no substantive discussion of specific matters is permitted.
H. Discussion and Possible Action Regarding Items for the Upcoming Agenda . At this time, Councilmembers may make motions to place items on an upcoming agenda. The procedural requirements applicable to this item are in Chapter 4, Section III.
I. Reports from Councilmembers. This portion of the agenda provides Councilmembers the opportunity to briefly comment on City events or projects germane to the business of the Chapter 3
21 City. Councilmembers may also make oral reports on meetings and events attended at the City’s expense. In accordance with the Brown Act, no substantive discussion of specific matters is permitted. Reports from Councilmembers are limited to three (3) minutes per Councilmember, and that time cannot be used to reargue failed motions. The City Clerk has the responsibility to assist Councilmembers with time limits by signaling when the Councilmember is nearing his/her three-minute speaking limit.
Chapter 4
22 CHAPTER 4 ‐ AGENDA
I. GENERAL PURPOSE OF THE AGENDA RULES
A. General. The following rules relating to the agenda for City Council meetings are based on the premise that it is in the interest of good government that the City Council be fully informed on all matters upon which it is called to act. The City Council relies upon City staff to perform research, review potential courses of action, furnish technical information, and recommend solutions to various problems of City Government and recognizes that proper, thorough research and investigation requires time to ensure that the City Council has sound background information before it takes action.
B. Council Preparation. To foster the orderly, effective, and efficient conduct of meetings and ensure the necessary business of the City is transacted, each Councilmember has a duty to review and be familiar with the agenda materials in advance of each meeting. (See Chapter 2, Section IV.A of this Manual.)
II. AGENDA PREPARATION
A. In General. Agendas for regular and special meetings are prepared and posted by the City Clerk in accordance with provisions of the Brown Act, this Chapter, and all other applicable rules and laws. The content of each agenda is overseen by the City Manager in consultation with the City Clerk (and the City Attorney as necessary) concerning the sequence of agenda items and other procedural matters.
B. Agenda Item Submission Schedule. Pursuant to a schedule established from time to time by the City Clerk in consultation with the City Manager, draft agenda items are submitted to the City Clerk’s office prior to each meeting. A draft agenda document is prepared by the City Clerk and is provided to the City Manager and staff each Tuesday of the week prior to the regularly-scheduled City Council meeting. A copy of the draft agenda is then reviewed by the City Manager, City Attorney, City Clerk, and Senior Management the following Wednesday morning during its standing meeting.
C. City Manager Review. The City Manager reviews and approves all items for each Council agenda. The final agenda items, including staff reports and attachments, are then submitted to the City Clerk, compiled into the final Agenda packet, and distributed to the Council on the Thursday preceding each regularly-scheduled meeting. The agenda packet is simultaneously made available to the public and posted on the City’s website by the City Clerk in accordance with the Brown Act. Once the agenda packet has been delivered to the City Council, items may be added to that agenda by the City Manager or the City Attorney when necessary, provided a supplemental or revised agenda is prepared and posted by the City Clerk in compliance with the Brown Act. In addition, the City Council may take action on items not appearing on the agenda, which are commonly referred to as emergency or urgency items, provided doing so complies with the provisions of Government Code section 54954.2(b).
Chapter 4
23 D. Minimum Requirements. The agenda specifies the time and location of the meeting and a brief general description of each item of business to be transacted or discussed, including items to be discussed in Closed Session, if any. Each agenda item description includes a recommendation to the City Council of the action to be taken.
III. AGENDA ITEM SUBMISSION
A. Placing Items on the Agenda . As provided in sections B, C, and D, below, persons who may place matters on the agenda are City Councilmembers; the City Manager or his/her designated Senior Management staff; and the City Attor ney. The City Council may also consider a request from a member of the public to place an item on a future agenda.
B. Councilmember Agenda Requests . To place an item on a future agenda, any Councilmember, including the Mayor, may make a motion or a request t o do so during the “Discussion and Possible Action Regarding Items for the Upcoming City Council Agenda” portion of the agenda. In addition, a Councilmember, including the Mayor, may at any time during a meeting make a request or motion to place an item on a future agenda, if the item proposed for future consideration arises in direct relation to an item being discussed. Any request(s) made by a Councilmember shall be done with a simple contextualization and shall not exceed three (3) minutes unless there is an agreement by a majority vote of the Council to extend the time. No substantive discussion on the subject of the motion or request may occur except to explain the general nature of the item and the issue of timing for its placement on a future agenda. Limited questions may be asked for clarification or to help Councilmembers ascertain whether the motion or request is timely.
1. Second and Majority Vote Required. If the motion or request to place an item on a future agenda is seconded and approved by a majority vote of those Councilmembers present, the proposed item will be placed on a future agenda. If there is no second, the motion dies and may not be proposed again at future meetings without the requisite suspension of rules for reconsideration.
2. Timing Direction . If the motion provides specific direction regarding timing, the approved item together with a staff report will be placed on a future agenda consistent with that direction. If the motion is silent regarding timing, appropriate City staff will be directed to prepare a staff report, and the approved item will be placed on a future agenda at the earliest suitable time, as determined by the City Manager and the Mayor.
3. Alterations of General Order of Agenda Items of Busi ness. Certain categories of items of business are required by statute to be on every agenda or are necessary to appropriately conduct the business of the City Council in accordance with its adopted Rules of Discussion and Debate and parliamentary procedure (See Chapter 5).
Therefore, recurring categories of items of business such as: Roll Call/Call to Order, Chapter 4
24 Public Comment Periods, Closed Session Declarations and Announcements, Consent Calendar, Public Hearings, Appeal Hearings, Written Communications, and Council Reports may not be altered without advance review or advice of the City Attorney.
4. Requests for Recurring Agenda Items. Requests by Councilmembers to add the same agenda item to every subsequent agenda are not permitted unless approved by a majority vote of the Council.
C. City Manager and City Attorney. When so directed by a majority vote of the City Council or upon his/her own initiative when circumstances warrant, the City Manager and the City Attorney may place items on the agenda.
D. Agenda Requests by Members of the Public . Upon agreement of a majority of the City Council, the City Council will determine whether to place on a future agenda an item requested by the public. A member of the public may request placem ent 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 publ ic wish to provide comments on an agenda item, such comments should be offered during the general public comment period at the beginning of the meeting. Such comments may be taken into consideration by Councilmembers when discussing the particular agenda item.
2. The City Manager or Submitter of the agenda item briefly introduces the item.
3. Staff presents its report (as needed), either by way of a written staff report or by an in- person oral presentation.
4. Councilmembers may ask questions of the City Manager and/or such City staff as the City Manager may designate, although Councilmembers are encouraged to seek clarification by asking or providing such questions prior to the meeting. Councilmember questions on an item may not exceed two (2) minutes unl ess 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 pa rty is making the motion in good faith. The Presiding Officer may move, second, debate, and vote from the chair. The Presiding Officer may also adjourn a meeting by a simple declaration thereof in the absence of a protest by any Councilmember.
C. Councilmembers to Address Presiding Officer . Every Councilmember desiring to speak shall first address the chair, gain recognition by the Presiding Officer, and confine himself/herself to the subject matter, item, or motion being currently considered by the Council, avoiding personalities and crude language.
D. Questions to Staff. Every Councilmember desiring to ask questions of city staff shall, after recognition by the Presiding Officer, address his/her question to the City Attorney or the City Manager, who shall be entitled either to answer the inquiry himself/herself or designate a member of the staff for that purpose. On the assumption that Councilmembers have already sought clarification of agenda materials in advance of the meeting pursuant to Chapter 2, Section IV. A of this Manual, Councilmember questions to City staff shall be subject to a two- minute time limit per agenda item, not including the time taken for staff response(s).
Statements masquerading as questions may be ruled out of order by the Presiding Officer.
E. Germane Comments/Time Limit for Council. Councilmembers shall limit their comments to the subject matter, item, or motion being currently considered by the Council. A determination of relevance shall be made by the Presiding Officer but may be appealed to the full Council. Councilmembers shall govern themselves as to the length of their comments but generally shall not exceed a total of five (5) minutes per agenda item (not including the two-minute period for Questions to Staff referenced in Section D, above), unless additional time is approved by a majority vote of the Council. The Presiding Officer or the City Clerk, as may be designated by the Presiding Officer, has the responsibility to assist Councilmembers by signaling when the Councilmember has spoken for five (5) minutes. The five-minute time limit may be extended by a majority vote of City Council. No Councilmember shall be allowed to speak more than once on any particular item until every other Councilmember desiring to do so shall have spoken.
Chapter 5
27 F. Interruptions. A Councilmember, once recognized, shall not be interrupted when speaking unless: 1) called to order by the Presiding Officer, 2) a point of order or point of privilege is raised by another Councilmember, 3) the speaker chooses to yield to a question by another Councilmember, or (4) for such other reasons as set forth in Rosenberg’s Rules or this Manual, including, but not limited to, a Councilmember’s right to call the question in order to terminate debate. If a Councilmember while speaking is called to order, he/she shall cease speaking until the question of order is determined; and if interpreted to be in order, may proceed. Members of the City staff, after re cognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
G. Point of Order . When a Councilmember believes a breach of the Council’s parliamentary procedural rules is occurring, he/she may raise a Point of Order to call upon the Presiding Officer to make a determination and enforce the rules of the Council. The Point of Order shall be ruled upon by the Presiding Officer, subject to the right of any Councilmember to appeal the ruling to the City Council through a valid motion. If a motion to appeal the ruling is seconded, the question shall be, "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively determine the question of order. The motion is debatable, and the Presiding Officer may participate in the debate.
H. Point of Privilege. Any Councilmember can raise a Point of General or Personal Privilege.
1. Point of General Privilege. Appropriate points of general privilege relate to anything that would interfere with the normal comfort of the meeting, such as the temperature of the room or a malfunctioning microphone. If raised, the Presiding Officer would then ask the interrupter to “state your point.”
2. Point of Personal Privilege . The right of a Councilmember to address the council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are questioned or where the welfare of the council is concerned. A Councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor only if the Presiding Officer recognizes the privilege.
I. Move or Call the Question. Any Councilmember may move to immediately bring the motion/question being debated to a vote, suspending any further debate. Such motion shall not be made in a manner that prevents a Councilmember from voicing an opinion or providing brief, concise, and relevant information with respect to the item being considered. To close off debate pursuant to a Motion to Move or Call the Question, said motion must be seconded and passed by a two -thirds (2/3) vote of those present and voting. The motion is not debatable. If the motion to Move or Call the Question passes, a vote on the motion/question on the floor is taken. If the motion to Move or Call the Question fails, discussion on the motion/question on the floor continues.
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 passes, then the original matter is back before the Council, and the matter may be discussed and debated as if it were on the floor for the first time. After the reconsideration of the item has been acted upon, no other motion for reconsideration thereof will be made without the unanimous consent of the Councilmembers present. Matters that are quasi- judicial in nature or matters that require a noticed public hearing cannot be reconsidered.
K. Failed Motions. Failed motions shall not be brought up at a subsequent meeting unless the Council suspends the rules as provided for in Section II. M, below. However, the effect of such action will not operate to adversely affect individual rights that may have been vested in the interi m without notice and an opportunity to be heard having been given to the affected party or parties.
L. Remarks of Councilmembers and Synopsis of Debate . A Councilmember may request through the Presiding Officer the privilege of having an abstract of his/her statements on any subject under consideration by the council entered into the minutes. If the council consents thereto, such statements shall be entered into the minutes.
M. Suspend the Rules. Any of the rules related to parliamentary procedures in t his Manual (to the extent not governed by State law, such as Government Code section 36936, the provisions of the Political Reform Act, or the FPPC conflicts of interest regulations) may be suspended by a two-thirds (2/3) majority vote. Such suspension may be moved at any time by a Councilmember.
N. Protest Against Council Action. Any Councilmember dissenting from or stating his/her protest against any action of the council may request to have such dissent or protest entered into the minutes. Such dissent or protest to be entered into the minutes shall be in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons . . ."
O. Seconding of Motions Required . A motion by any Councilmember, including the Presiding Officer, may not be considered by the Council without receiving a second.
P. Other Time Limitations. A time limit of three (3) minutes shall be imposed on Councilmembers when speaking during the “Reports from Councilmembers” portion of the agenda.
Q. Reading of Ordinances. Except when the title of an ordinance has been read and further reading is waived by a regular motion adopted by a majority vote of the Council, all ordinances shall be read in full either at the time of introduction or passage.
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 Councilmember who abstains for reasons other than disqualification, in effect consents that a majority of the quorum may decide the question being voted upon.
Any councilmember so abstaining will be counted as present for purposes of establishing a quorum. Such an abstention will be counted 1) as neither an affirmative vote nor a dissenting vote and 2) as if it did not exist. The “present and voting” rule as described in Rosenberg’s Rules applies.
2. Silence During the Vote. Unless a Councilmember states that he/she is abstaining, silence shall be recorded as an affirmative vote.
3. Call for the Vote. The Presiding Officer or the City Clerk shall call for the vote, which, at the Presiding Officer’s discretion, shall be taken by voice affirmation or roll call unless a recorded (roll call) vote is required by law. According to Government Code section 36936, a recorded majority vote of the total membership of the City Council is required for resolutions, orders for the payment of money, and all ordinances. In addition, some types of resolutions and ordinances may require a supermajority vote. Absent other specific State law requirements, a motion carries with a majority vote of a quorum of the City Council.
4. Tie Votes. Tie votes are failed motions but may be reconsidered at a subsequent meeting upon a motion passed by the Council to reconsider the item at a future meeting. If the matter involves an appeal and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision -making person or body from which the appeal was taken.
5. Changing a Vote . A Councilmember may change his/her vote only if he/she makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. Prior to the time that the next item in the order of business is taken up, a Councilmember who publicly announced that he/she will abstain from voting on a particular matter shall not subsequently be allowed to withdraw his/her abstention.
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, the Councilmember must announce the nature of the conflict and refrain from participating in the item, but he/she may remain present at the dais.
T. Leaving the Dais. To the extent a Councilmember decides to speak on an item by leaving the dais and speaking from the public podium, such Councilmember will relinquish his/her ability to speak on the same item upon his/her return to the dais.
U. Rules Not Exclusive. The rules set forth in this Chapter are not exclusive and do not limit the inherent power and general legal authority of the Council, or of its Presiding Officer, to govern the conduct of City Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City.
III. PUBLIC PARTICIPATION AND RULES OF DECORUM FOR COUNCIL, PUBLIC, AND STAFF.
A. Public Participation.
1. Manner of Addressing the Council. To facilitate the orderly conduct of meetings, persons wishing to speak during the Public Comment period and at public hearings are requested, but not required, to fill out speaker cards and provide them to any Sheriff’s deputy attending the meeting, or in his/her absence, the City Clerk prior to the start of the meeting or before a public hearing item is announced.
(a) During Public Comment periods, each person desiring to address the Council shall step up to the microphone at the podium and state his/her name (and address if desired) for the record. The speaker shall then specify the 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 other persons.
Each speaker shall be allotted three (3) minutes in which to comment, unless the Presiding Officer determines that based on the significant nature of an agenda item or items, that additional public comment time should be allowed. In such event, the Presiding Officer may grant an extension of public comment time, not to exceed two (2) minutes per speaker. Extensions granted may be appealed through a valid motion and overruled by a majority vote of the Council.
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 Officer may place reasonable limits on the Public Comment period, including reducing the time allotted to each speaker to one (1) or two (2) minutes and/or a specific time limit for the total presentation (typically not to exceed Chapter 5
32 twenty (20) minutes). Such time limits shall allow for full discussion of the item by interested parties or their representative(s). The purpose for any limitation described in this section is to ensure the Council can address its agenda, avoid repetitive comments and presentations, and conduct business in an orderly and efficient fashion.
3. After a Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first getting permission to do so by a majority vote of the City Council.
B. Rules of Decorum for Council, Public, and Staff. Meetings of the City Council shall be conducted in an orderly manner to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is preserved at all times. The Presiding Officer of the Council shall be responsible for maintaining the order and decorum of meetings. While any meeting of the City Council is in session, the following rules of order and decorum shall be observed:
1. Councilmembers. While the Council is in session, Councilmembers must lend themselves to order and decorum. They shall neither by conversation or otherwise 1) delay or interrupt the proce edings or the peace of the Council, 2) disturb any Councilmember while he/she is speaking or, 3) refuse to obey the orders of the Presiding Officer. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
(a) English Language. The business of the City Council shall be conducted in English except to the extent such that a Councilmember wishes to speak as a member of the public, either in the Public Comment period or on an item listed in the Appeal and/or Public Hearings sections of the agenda.
(b) E-Communication Prohibited. Except as specified in subdivision ( d), below, Councilmembers shall not use E -Communication at any time during any meeting, including, but not limited to, Open and Closed Sessions of the City Council. The use of E-communication is prohibited during Council meetings so that Councilmembers may remain attentive to members of the public, staff, or others as they are speaking to the City Council. E-Communication, which includes blogging, is defined as “electronic text, audio or visual communication, and attachments distributed via e - mail, telephonic service, websites, instant messaging, text messaging, Twitter, Facebook, Snapchat, Instagram, or comparable services.” City Councilmembers will not utilize the internet during Council meetings. Outside of City Council meetings, Councilmembers should not communicate via E-Communications with more than one other member of the City Council on any issue regarding City business.
(c) Closed Session Attendance . As a condition of attendance 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 all 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. In addition to the foregoing, Councilmembers are prohibited from taking any form of notes or similar writings while attending Closed Session, and to the extent any written materials are shared with Councilmembers during Closed Session, all such materials will be turned in to the City Clerk at the conclusion of the Closed Session.
(d) Exceptions for Emergencies . The limitation specified in subdivision ( b), 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 Councilmem ber may, with permission of the Presiding Officer, retrieve the device(s) from 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, 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 , live stream , or broadcast during any City Council meeting or position thereof, including recesses and adjournments, from a position located on or behind 1) the dais , or 2) any table serving as the dais. Should a Councilmember wish to record, 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.
For assemblies wher e 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 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.
Chapter 5
34 (g) Leaving Seats. Councilmembers shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer.
(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. Any person who conducts himself/herself in the aforementioned manner shall, at the discretion of the Presiding Officer or a majority of the Council, be barred from further audience before the Council during that meeting. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint- neutral manner.
C. Enforcement of Decorum. The rules of decorum set forth above shall be enforced in the following manner
1. Warning. The Presiding Officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the Presiding Officer, a person persists in disrupting the meeting, the Presiding Officer shall order such person to leave the Council meeting. If such person does not remove himself or herself, the Presiding Officer may order any law enforcement officer who is on duty at the meeting as sergeant-at-arms of the Council to remove that person from the Council chambers.
2. Removal. Any law enforcement officer who is serving as sergeant-at-arms of the Council shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the Presiding Chapter 5
35 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 Clerk having opened and examined same, the Councilmember shall be respo nsible for providing to the City Clerk the correspondence that is required to be included with agenda materials, as set forth in the Brown Act. All such communications shall be deemed a public record upon receipt, except as set forth in the Public Records Act or other applicable law.
B. City-Issued E-mail Address. Each Councilmember is provided with a City of Victorville domain e-mail address for City-related business purposes and to receive e-mail from constituents, Chapter 6
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 falls within the provisions of the Brown Act. Technological devices include, but are not limited to, phones, faxes, computer e -mail, public access cable TV, and video. Use of such devices to pass information for the purpose of developing concurrence on action to be taken outside of a public meeting is prohibited
2. Other Prohibitions. Personal use of City -issued equipment is prohibited in accordance with Government Code section 8314, except for such minimal and incidental use as specified therein.
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 substantiv e manner with the conduct of City business created on, stored on, and/or transmitted by personal accounts or personal electronic devices may be subject to disclosure under the Public Records Act
B. Limitations and Rules on Use. To the extent feasible, City -issued email accounts and electronic devices shall be used to conduct City business. Limited use of a private device or account for public business by Councilmembers is permissible but discouraged. The following rules must be observed
1. Urge Use of City Electronic Devices/Accounts. Councilmembers shall request persons sending electronic communications regarding City business to a personal account or device to instead utilize the City of Victorville domain e -mail address, City -issued cell phone number, or other official City electronic messaging account provided to the Councilmember
2. When Communications Received on Personal Accounts/Devices . If Councilmembers receive electronic messages regarding City business on their personal electronic messaging account or device, or circumstances require them to conduct City business on a personal account or device, Councilmembers should either
(a) copy (“cc") any communication on his/her personal electronic messaging account or device to his/her City electronic messaging account, or (b) forward the electronic communication to his/her City account as soon as feasible after the original creation or transmission of the electronic communication.
C. Compliance and Additional Policies. The City Council shall comply with the above provisions and any additional administrative policies the Council adopts for City -wide application regarding procedures to be followed with respect to communications received on personal accounts and devices when Public Records Act requests are made.
Chapter 7
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 recog nize said Code of Ethics when dealing with the City Manager. The City Manager is responsible to the City Council rather than to individual Councilmembers and directs and coordinates the various departments
C. Productive Relationship Requirements . The employm ent 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 Victorvi lle Municipal Code. Neither the City Council nor any member shall give orders to, command the services of, or assign work to any subordinates of the City Manager, either publicly or privately. Alternately, contact may be made directly with Senior Management, as long as a copy of communication is forwarded to the City Manager. Senior Management shall inform the City Manager of all Councilmember contact.
2. Direct the City Manager to implement the Council’s policy decisions through the administrative functions of the City.
3. Treat City staff professionally, and refrain from publicly criticizing or belittling individual employees. Personnel issues are managed through established channels and procedures.
4. Avoid involvement in personnel issues related to City -Council-appointed staff, i.e., the City Manager and City Attorney, except during City Council Closed Sessions, when issues of hiring, firing, promoting, disciplining, etc., may be addressed appropriately.
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 pers ons or parties in litigation with the City (or any of the entities for which the City Council sits ex -officio as the governing board as noted in Chapter 2, Section IV.D.2 of this Manual) in a manner that compromises the City’s or other entity’s position in such litigation.
9. Include the City Manager in follow- up meetings where a Councilmember has first met with an individual or company representative regarding official business of the City
II. RELATIONSHIP AND CONDUCT WITH CITY ATTORNEY
A. Legal Advisor to the City. In all matters, the City Attorney represents the City and is the legal advisor to the City Council, the City Manager, the City Clerk, Senior Management, and department heads. The general legal responsibilities of the City Attorney are to provide legal assistance necessary for formulation and implementation of legislative policies and projects; to represent the City’s interest, as determined by the City Council, in litigation, Administrative hearings, negotiations, and similar proceeding to prepare and/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 polic ies. To ensure the proper functioning of these cooperative efforts, Councilmembers must avoid intrusion into those areas that are the responsibility of staff. This is necessary to protect staff from undue influence and pressure from individual Councilmembe rs and to allow staff to execute priorities given by management and the Council as a whole
B. Cooperation. Individual Councilmembers, as well as the Council as whole, shall receive the full cooperation and candor of staff in being provided with any requested information.
Requests of the City Attorney‘s office are to be submitted directly to the City Attorney. All other requests of staff are to be submitted through the City Manager’s office
C. Issues of Pressure or Influence. Individual City Councilmembers shall not make attempts to pressure or influence staff decisions, recommendations, workloads, schedules, and department priorities without the prior knowledge and approval of the Council as a whole.
1. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must prevail upon a majority of the Council at an open meeting to do so as a matter of Council policy.
2. The City Council recognizes the primary functions of staff are in executing Council policy and actions taken by the Council as a body and in keeping the Council informed.
3. Staff is directed to reject any attempt by individual members of the Council to unduly direct or otherwise pressure them into making, changing, or influencing recommendations or business decisions in any manner.
V. REQUESTS FOR RESEARCH OR INFORMATION
A. General Considerations. Councilmembers should generally inform the City Manager prior to communicating directly with any employee below the Senior Management level. A Councilmember may request directly from department heads answers to routine questions or information on a given topic when it will require little or no research and have little or no impact to City operations. The Councilmember should also advise the City Manager of this request. City staff shall inform the City Manager of all Council contact.
Chapter 7
42 B. Responses to Requests . Requests made by individual Councilmembers for information or assistance shall b e for the sole purpose of fulfilling his/her responsibilities as delineated throughout this Manual and not for any private or personal interest. Requests will be addressed as quickly as possible under the circumstances at the time, providing that in the judgment of the City Manager (or the City Attorney depending on the nature of the request) the request is not of a magnitude, either in terms of workload or policy, that would require more than thirty (30) minutes of time in which to respond or is of such a nature that it would be more appropriately assigned to staff through the collective direction of the City Council. If the individual Councilmember request goes beyond these parameters, or in the judgment of the City Manager, is not within the scope of City policies or business, the City Manager will bring the request to the full Council for consideration. The method by which responses are delivered to Councilmembers shall comport with the City’s routine business practice.
C. Policy-Related Requests. All Council requests dealing with policy and such other requests that may be construed as direction shall be directed to the City Manager, except for routine general inquiries or questions that will not disrupt city operations, in which case, Councilmembers may approach Senior Management with their requests. Councilmembers may also contact the City Attorney or City Clerk.
D. Funding Requests. Any request from City Council requiring funding must be addressed with the City Manager. The City Manager shall respond in a timely manner.
E. Written Requests Preferable. To assist the City Manager, requests for information are best tracked if submitted in writing, either in memorandum form or through e-mail. And to ensure proper responsiveness, Councilmembers are asked to copy both the department head and the City Manager on all correspondence with staff.
F. Access to Certain Information Restricted . There are certain restrictions when information cannot be provided. Draft documents (e.g., staff reports in progres s, 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 include attorney -client privileged communication, attorney -client work product, personnel, medical, or similar information —the discl osure 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 the City. The second role is not relinquished when the first role is assumed. It is important to distinguish between the two roles at all times and to conduct business in one role separately from the other. The elected Councilmember retains the right to speak as an individual, not as a member of the City Council, but must make this distinction very clear when he/she does speak on his/her own behalf and not as a member of the City Council. This is because when the Council acts, it acts as a whole, not as a group of individuals.
B. General Policy Considerations . An important role of a Councilmember is communication — communication with the public to assess community opinions and needs, communication with staff to provide policy direction, and communication to gain an understanding of the implications of various policy alternatives. Because the City Counc il acts as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking for the Council. Equally important, when members express personal views and not those of the Council, the public must be so advised.
II. CORRESPONDENCE FROM COUNCILMEMBERS
A. Stationery Use and Related Guidelines.
1. Use of City Letterhead. City letterhead shall be used by the Mayor, Mayor Pro Tem, and City Council only for official City business, communication of adopted City policies and positions, and any related communications. All Councilmembers should be copied on correspondence signed by the Mayor or other Councilmember. Use of City letterhead and/or title on personal matters (those not related to official city business) is not permitted.
2. Personal Stationery . Personal stationery without a City Logo shall be used by any member of the City Council to communicate individual positions, conduct personal correspondence, or communicate positions that may be in opposition to established City Council positions or decisions. Personal stationery shall be printed at the expense of the individual Councilmember, and the aforementioned types of communications shall be mailed at the individual Councilmember’s expense.
3. Correspondence Public Record . All Councilmember correspondence created using City resources, including, but not limited to, City letterhead, postage, envelopes, or staff time, are public records and shall be copied to the full Council, the City Manager, the City Attorney, and the City Clerk.
Chapter 8
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 subject matter does not relate directly to City business or to local residents, then the City or City Council can decline to take a position. If the legislation could be expected to affect the City or its residents, then the City Council may elect to take a position. All correspondence articulating the City’s position on state and federal legislation shall be handled in a manner consistent with the City Chapter 8
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 cerem onial function where the event organizer has requested that a specific Councilmember attend the function.
F. Appearances before Agencies and Organizations . If a member of the City Council appears before another governmental agency or organization to give a statement on an issue affecting the City, the Councilmember should first indicate the majority position and opinion of the Council. Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not represent the position of the City Council.
G. Participation in Community Activities . From time to time, Councilmembers may choose to participate in community activities, committees, events, and task forces. When a Councilmember participates in these types of activities, the Councilmember is acting as an interested party rather than acting on behalf of the City Council. Acting or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representative for the matter.
H. Name Badges. The City issues name badges to all City Councilmembers, the City Manager, the City Clerk, Senior Management, department heads, City Planning Commissioners, City advisory committee members, and other City staff as deemed appropriate by the City Council.
1. Official Use Only. It is not permissible for any City Councilmember or any of the personnel Chapter 8
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 otherwise available to a Councilmember, or for soliciting political contributions. Councilmembers are prohibited from using any other form of non-approved business cards that contain the City logo, the City seal, the City flag, or the City slogan.
IV. CITY COUNCIL SPENDING AND REIMBURSEMENT POLICY
A. Effect of CP-12-01. Except as specified otherwise in this Section, the provisions of the Expense Reimbursement Policy set forth in Council Policy No. CP -12-01, or any amendment(s) to or successor Council Policy adopted in lieu thereof (“CP -12-01”) shall apply to all City Councilmembers. The provisions of Council Policy Nos. CP -93-5 and CP -73-3, to the extent currently in effect, are completely superseded by this Section.
B. Events and Covered Expenses . As long as all other requirements of this Section IV are also met, covered expenses (as that term is used in CP -12-01) incurred by City Councilmembers constitute reimbursable expenses when they engage and/or participate in the following activities and/or events (“Events”):
1. Communicate with representatives of regional, state, and national government and their various agencies and entities on City-adopted or authorized policy positions.
2. Attend educational seminars designed to improve Councilmembers’ skill and information levels.
3. Participate in regional, state, and national organizations, e.g., California League of Cities or National League of Cities, whose activities affect the city’s interests.
4. Attend City-sponsored events.
5. Travel out-of-state or internationally for the above purposes.
C. Advance City Council Approval of Expenditures for Events . Prior to making travel, transportation, and/or lodging arrangements for any Event for which a Councilmember Chapter 8
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 meetings of legislative bodies of outside agencies to which the Councilmember has been appointed to serve as a City representative or alternate pursuant to Chapter 9, Section IV of this Manual.
D. Meeting Reporting Requirement. Councilmembers shall provide a brief report on any meeting or event attended at the expense of the City at the next regular meeting of the Council. If multiple Councilmembers attended the same event, a joint report may be made.
E. Additional Spending and Reimbursement Rules.
1. Spending Tracked. The City Manager’s Office will keep an individual spending and reimbursement record for each Councilmember for the period of July 1 to June 30 of each year.
2. Intrastate/International Travel. No travel outside the state or the country is permitted without advance approval of the City Council, who shall make such decision at a Council Meeting under an agendized item requesting such approval.
3. Travel Arrangements. Hotel and travel accommodations may be made by City staff or the Councilmember. Councilmembers shall use best efforts to seek the most reasonable, cost- effective manner of travel and/or accommodations, keeping in mind that such travel and/or accommodations are being provided at the expense of the taxpayers.
F. Expense Reports Required . In order to receive expense reimbursements, Councilmemb ers 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 meaningl ess. Therefore, these Guidelines and Procedures for the issuance and presentation of ceremonial recognition Items shall be adhered to fully.
C. Jurisdictional Limitations and Description of Ceremonial Recognition Items . Ceremonial recognition items shall be awarded to businesses, organizations, and individuals located in, providing services in, or residing exclusively in the City of Victorville. All other requests will be denied, and the requesting party shall be referred to the appropriate jurisdiction.
1. Certificates of Recognition in Presentation Folders. Certificates of Recognition in Presentation Folders are intended to commend and recognize businesses located in the City of Victorville during small- scale ribbon cuttings, grand openings, and open house events.
2. Letters of Recognition/Congratulations . Letters of Recognition/Congratulations are intended to commend and recognize the following:
(a) Major achievements, such as the Eagle Scout Award and Girl Scout Gold Award. (b) Milestone events, such as the anniversary of an organization, wedding anniversaries of 50 or more years, or other life milestones, such as significant birthdays.
3. Framed Certificates of Recognition. Framed Certificates of Recognition are intended to commend and recognize the following:
(a) Exceptional contributions to the City of Victorville by a community organization, business, or individual; and
(b) Large scale ribbon cuttings, grand openings, anniversaries, and open house events for businesses located in the City of Victorville.
Chapter 8
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 reque st an official recognition for or on behalf of any business, organization, or individual associated with an organization in which the Councilmember serves as an employee, member, or volunteer.
7. Only one official signed copy of any form of recognition will be issued per individual or organization per calendar year.
8. Ceremonial recognition items are not automatically reissued every year. No announcement may be made regarding any recognition item until official confirmation has been received from the Mayor's office.
E. Criteria for Awarding Ceremonial Recognition Items.
1. All ceremonial recognition items shall be consistent with the United States Constitution, the California State Constitution, the Victorville Municipal Code and the various laws passed pursuant to such instruments.
2. The City Manager and his/her City Clerk shall ascertain whether the prospective recipient is in good standing with the City, has any potential conflicts of interest, and/or is related to any member serving on the City Council or working in the City.
3. If the prospective recipient is in good standing with the City, but another potentially disqualifying circumstance exists with either the requester or the prospective recipient, the information shall be brought to the City Council a t the next available City Council meeting to determine whether it is appropriate to provide the ceremonial recognition item.
F. Additional Information Related to Ceremonial Recognition Items.
1. All requests will be submitted to the City Manager and City Clerk at a weekly review meeting for consideration. All items consistent with the guidelines in this Chapter will then be reviewed for further consideration by the Mayor and Mayor Pro -Tem, who will follow the provisions set forth in this chapter.
2. The Mayor shall sign all ceremonial recognition items. However, when a Councilmember is the Chapter 8
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 committees have no independent role separate and apart from their role as advisory to the City Council. Commissions, committees, and boards have no authority to appropriate funds or make policy except as otherwise approved by the City Council.
B. Nomination and Confirmation. On or before December 31 st of each year, the City Clerk (or such other staff as the Council may designate) shall prepare and provide to the City Council an 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 Cit y Council election takes place, all seats on commissions, committees, and boards for newly elected Councilmembers will be open for nomination and appointment. In years when there is no City Council election, only those seats that are unfilled will be open for nomination and appointment. Such nominations must be confirmed by a majority vote of the full membership of the City Council in order for an appointment to occur. The Presiding Officer shall facilitate appointments in accordance with nomination and appointment procedure set forth in Chapter 2, points 1 -6. To the extent a Councilmember’s nominee for a specific commission, committee, or board does not obtain the requisite affirmative votes, such Councilmember will be given the opportunity to nominate up to three (3) other individuals, either at the same meeting or at subsequent meetings. In the event a Councilmember’s subsequent three (3) nominees are not confirmed by a majority vote of the Council, then the City Council shall appoint a commission, committee, or board member using the same procedures set forth herein. Unscheduled vacancies shall be filled in accordance with Government Code Section 54974. Such unscheduled vacancy appointments shall be coterminous with the appointing Councilmember’s term of office as provided for in City Council Resolution No. 13-049.
C. Instruction and Training . The Council shall ensure that all members of City commissions, committees, and boards are properly instructed on their responsibilities, direction, and performance expectations. Such City commissions, committees, and boards shall also be required to follow the applicable provisions of Resolution No. 13 -049 and any amendments or successor resolutions thereto.
Chapter 9
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 generally exempt from the Brown Act and thus are not required to schedule regular meetings or post meeting dates and agendas.
B. Subcommittee Formation and Appointment.
1. Standing Subcommittees. The Council may create or dissolve Standing subcommittees at any time by the affirmative vote of a majority of the Council. The Mayor nominatesand the City Council confirms by majority vote the members of Standing subcommittees.
2. Ad Hoc Subcommittees . The Council or the Mayor may create ad hoc 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 commissions, committees, and subcommittees wishing to communicate progres s, status, and/or recommendations to the City Council must do so through approved Council agenda procedures. In addition, if such commissions, committees, and subcommittees wish to correspond with an outside agency, such correspondence will be prepared by staff for review by the City Manager and possible approval by the City Council. Individual members of City commissions, committees, and subcommittees who would like City staff to perform research or review a particular issue must gain the approval for such a request from the City Manager before any work is planned or done.
IV. COMMISSIONS, COMMITTEES, AND BOARDS ON WHICH COUNCILMEMBERS SERVE AS CITY
REPRESENTATIVES
A. Outside Agencies. City Councilmembers are appointed to serve as City representatives on the boards of commissions and/or committees of outside agencies in the region, such as the Victor Valley Transit Authority (“VVTA”), the San Bernardino County Transportation Authority (“SBCTA”), and the Victor Valley Wastewater Reclamation Authority (“VVWRA”).
Chapter 9
56 B. Procedures. Nomination and confirmation of such representatives and one alternate shall follow the same procedure identified in Section I.B for City Commissions, Committees, and Boards.
C. Absence. Whenever a member of the City Council is unable to attend a regional board or committee meetingto which he or she is designated as the City’s representative, he or she shall notify his/her alternate to request his/her attendance.
D. Duties. Councilmembers ap pointed to serve on outside agencies shall do so as representatives of the City, shall comply with the rules of procedure adopted by such agencies when participating in meetings of such agencies and shall provide updates or reports to the City Council on the activities of such agencies as required.
Chapter 10
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 City policy after other Councilmembers have inform ed 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 o f 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 the conduct, violation, or offense occurred.
(d) The committee shall issue a final report and recommendations to the City Council. The final report shall be made available to the public.
C. Censure Hearing. If a censure hearing is set, it must be set far enough in advance to give the Councilmember subject to the charges adequate time to prepare a defense. That member shall be given the opportunity to make an opening and closing statement and to question his or her accusers. The Councilmember subject to the charges may be represented and may have the representative speak or question on his or her behalf. The Mayor, or the Mayor Pro Tem if the Mayor is the subject of the charges, shall preside at the hearing. The rules of evidence shall not apply to the hearing, which is not a formal adversarial proceeding. The City Attorney or designee shall provide legal advice to the City Council during the hearing.
D. Resolution of Censure . A decision to censure requires the adoption of a resolution making findings with regard to the specific charges, based on substantial evidence, and approved by the affirmative vote of at least three (3) Councilmembers. In accordance with Government Code section 995, upon request of a Councilmember, the City may reimburse the Councilmember’s reasonable attorney fees and costs in defending himself/herself.
III. REMOVAL
A. Disruptive Conduct by Councilmember During Meeting.
1. In addition to the foregoing and as set forth in Section III.C of Chapter 5 of this Manual, the provisions of Government Code Section 36813 shall be applicable to the conduct of Councilmembers during Council meetings. Said Section provides:
The City Council may establish rules for the conduct of its proceedings. It may punish a Councilmember or other person for disorderly behavior at a meeting.
Chapter 10
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 re moval may be made by any Councilmember, including the Mayor, and is not debatable. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
IV. ACKNOWLEDGEMENT OF RECEIPT AND UNDERSTANDING OF MANUAL
Upon first entering office, upon election to any subsequent term, or whenever this City Council Policy and Procedures Manual is updated by City Council Resolution, every Councilmember shall sign a statement affirming that he/she ha s received, read, and understood the provisions set forth in this Manual and furthermore agrees to abide by them.
P:\APPS\WPDATA\VVCA\0002 CITY COUNCIL\COUNCIL POLICY MANUAL\DOC\035.0 CITY COUNCIL POLICY MANUAL REV CH5 RE NOTETAKING CL.DOCX