City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Agenda
Tuesday, September 17, 2024
5:00 p.m. Closed Session
6:00 p.m. Regular Session
The
City
Council
holds
its
business
meetings
in
public
in
accordance
with
the
requirements
of
the
Ralph
M.
Brown
Act,
its
established
policies
and
procedures,
and
its
adopted
parliamentary
authority.
The
Council
strives
to
carry
out
its
meetings
in
an
atmosphere
of
professionalism
with
full
participation
by
members
of
the
body
and
the
public.
As
such,
the
Presiding
Officer
is
empowered
to
govern
City
Council
Meetings
to
foster
the
efficient
and
fair
administration
of
City
business
and
reserves
the
right
to
enforce
(or
cause
to
be
enforced)
the
Meeting
Rules
of
Conduct
and
Decorum
as
set
forth
in
Chapter
5 of
the
City
Council Policy and Procedures Manual.
The
City
Council
welcomes
and
encourages
public
participation
and
invites
the
community
to
attend
in
person.
City
Council
Meetings
will
be
held
in-person
at
City
Hall
in
Council
Chambers.
Remote
viewing
of
our
Council
Meetings
is
available
through
YouTube,
but
public
comments
must
be
given
in-person
at
the
meeting or in advance as noted below.
Public
Comments:
Members
of
the
public
may
submit
comments
electronically
by
4 p.m.
the
day
of
the
meeting
to
be
distributed
to
City
Council.
Participants
are
invited
to
address
the
Council
on
agendized
and
non-agendized
topics
at
the
beginning
of
the
meeting.
Public
comments
will
be
no
longer
than
three
(3)
minutes
per
community
member.
Should
a
speaker
conclude
their
comments
prior
to
the
expiration
of
three
(3)
minutes,
the
speaker
waives
the
right
to
speak
for
any
remaining
amount
of
time.
For
further
information
about
how
to
address
the
Council,
please refer to the City's website at
victorvilleca.gov/government/agendas
.
LEVINE
ACT
DISCLOSURE:
Pursuant
to
the
Levine
Act
(Govt.
Code
section
84308),
any
party
to
a
permit,
license,
contract,
or
other
entitlement
before
the
Victorville
City
Council
is
required
to
disclose
on
the
record
any
campaign
contribution,
including
aggregated
contributions,
of
more
than
$250
made
by
the
party
or
the
party's
agents
within
the
preceding
12 months
to
any
City
official.
Participants
and
agents
are
requested
to
make
this
disclosure
as
well.
The
disclosure
must
include
the
name
of
the
party,
participant,
or
agent,
and
any
other
person
making
the
contribution;
the
name
of
the
recipient,
the
amount
of
the
contribution,
and
the
date
the
contribution was made.
In
compliance
with
the
Americans
with
Disabilities
Act,
if
you
need
special
assistance
to
participate
in
this
meeting,
please
contact
the
City
Clerk's
office
at
(760)
955-5188
no
later
than
72 hours
prior
to
the
meeting.
5:00 p.m. Closed Session
Call to Order
Roll Call
Introduction to Public Comments
Public Comments for Closed Session Items
Declaration of Closed Session Item(s) by City Attorney
CITY COUNCIL
A.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Pursuant to Government Code Section 54956.9:
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) Number of potential cases: One (1)
Based
on
existing
facts
and
circumstances,
the
legislative
body
of
the
local
agency
has decided to initiate or is deciding whether to initiate litigation.
B.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Pursuant to Government Code Section 54956.9:
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) Number of potential cases: One (1)
Based
on
existing
facts
and
circumstances,
the
legislative
body
of
the
local
agency
has decided to initiate or is deciding whether to initiate litigation.
Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Closed Session Announcements by the City Attorney
Invocation: Pastor Elder Wilson of Destiny Christian Center
Pledge of Allegiance: Police Captain Randy German
Special Presentations
Presentation
from
Chris
Ackerman
regarding
Victor
Valley
Transit
Authority
route
changes
City Clerk Presents Agenda/Revisions to Agenda
Conflict of Interest Declarations
Any
items
on
this
agenda
that
might
be
a
conflict
of
interest
to
any
Council
Members/Board Members should be identified at this time.
Introduction to Public Comments
Public Comments
PUBLIC HEARING(S)
1. Introduction
of
proposed
Ordinance
No.
2451,
amending
Sections
2.16.020
and
2.16.030
of
Chapter
2.16 of
the
Victorville
Municipal
Code,
for
the
purpose
of
adjusting
the
salaries
of
members
of
the
Victorville
City
Council
pursuant
to
Senate
Bill 329
Recommendation:
That the Honorable City Council:
(1) Open and conduct the public hearing;
(2) Introduce Ordinance No. 2451 for adoption and first reading by title only; and (3) Waive further reading in full of proposed Ordinance No. 2451.
CONSENT CALENDAR
2. Reduction of Securities for Tract Map No. 16463
Recommendation:
That the Honorable City Council:
(1)
Approve
a
20%
reduction
of
the
Drainage
and
Landscape
Maintenance
Assessment
District
(LMAD)
Public
Improvement
Faithful
Performance
Securities
for Tract Map No. 16463; and
(2)
Accept
the
completed
Drainage
and
Landscape
Maintenance
Assessment
District (LMAD) Public Improvements.
3. Reduction of Securities for Tract Map No. 16828
Recommendation:
That the Honorable City Council:
(1)
Approve
an
80%
reduction
of
the
Street
Public
Improvement
Faithful
Performance Security for Tract Map No. 16828; and
(2) Accept the completed Street Public Improvements.
4. Reduction of Securities for Tract Map No. 18100
Recommendation:
That the Honorable City Council:
(1)
Approve
an
80%
release
of
the
Street
Faithful
Performance
Security
for
Tract
Map No. 18100; and
(2) Accept the completed Street Public Improvements.
5. Commercial Demand Schedule No. 5
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Commercial
Demand
Schedule
No.
5 in
the
amount
of
$6,955,782.59,
covering
Electronic
Fund
Transfers
No.
340715
through
340934
and
Warrant
No.
796624
through
796753
for
08/22/2024
through
09/04/2024,
per
the
adopted
budget
for
Fiscal
Year
2023-2024
for
the
period
covering
July
1,
2023
through
June
30,
2024
and
Fiscal
Year
2024-2025
for
the period covering July 1, 2024 through June 30, 2025.
6. Payroll Demand Schedule No. 1A
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Payroll
Demand
Schedule
No.
1A
for
Payroll
Period
June
21,
2024,
through
July
5,
2024,
in
the
amount
of
$2,418,329.14
covering
Check
Nos.
34146
and
34163
through
34188,
including
Vendor
checks.
Also
included
are
Advice
Nos.
315853
through
316417,
per
adopted
budget
for
Fiscal
Year
2024-2025
(period
covering
July
1,
2024,
through
June
30,
2025).
7. Notice of Completion for Building 686 Interior Renovations, Project #CC24-061
Recommendation:
That
the
Southern
California
Logistics
Airport
Authority
(“SCLAA”)
Board
of
Directors:
(1)
Approve
the
Notice
of
Completion
for
Building
686
Interior
Renovations,
Project
#CC24-061; and
(2) Authorize the Executive Director to execute the Notice of Completion.
WRITTEN COMMUNICATIONS
8. Award of a Construction Agreement for the Fire Station Bay Door Project
Recommendation:
That
the
Honorable
City
Council
award
a
construction
agreement
to
Precision
Garage
Doors
&
Gates
in
the
amount
of
$184,342
for
the
Fire
Station
Bay
Door
Project.
9. Purchase of One (1) Liquid Filled Padmounted Transformer
Recommendation:
That the Honorable City Council:
(1)
Find
that
Hitachi
Energy
USA,
Inc.,
through
its
distributor
NEXUS
Power,
is
the
sole
distributor
of
Hitachi
transformers,
and
that
the
sole
source
for
standardizing
the
forementioned
component
of
the
electric
utility
distribution
system
is
approved
in accordance with Section 2.28.100(b)(2) of the Victorville Municipal Code; and (2)
Approve
the
purchase
of
one
(1)
Liquid
Filled
Padmounted
Transformer
from
Hitachi Energy USA, Inc. in the amount not to exceed $139,180.00.
10. Determine
City’s
Position
on
Cal
Cities
2024
Annual
Conference
Proposed
Resolutions
Recommendation:
That Your Honorable City Council:
(1) Consider the following League of California Cities Resolution:
(a)
A
Resolution
of
the
General
Assembly
of
the
League
of
California
Cities
calling
for
the
California
Legislature
to
enact
laws
that
ensure
that
“What
applies
to
one,
applies
to
All”
in
the
Fair
and
Equal
Treatment
of
All
Governmental Officials at All Levels in the State of California (2)
Direct
the
appointed
voting
delegate
to
support
the
above
resolution
at
the
General Assembly meeting.
11. Discussion
and
Possible
Action
regarding
providing
a
letter
to
the
Governor
concerning Assembly Bill 2081 and Assembly Bill 2574
Recommendation:
Any action is at the discretion of Your Honorable City Council.
12. Discussion
and
Possible
Action
regarding
developing
a
potential
policy
that
considers
a
more
assertive
and
innovative
solution
to
take
on
the
issue
of
illegal
fireworks within the City
Recommendation:
Any action is at the discretion of Your Honorable City Council.
13. Consideration
of
proposed
City
Council
Resolution
No.
24-020
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.
24-020
Approving
the
Proposed
Revised
Council
Policy
and Procedures Manual.
14. City Manager Reports
15. Discussion and Possible Action Regarding Upcoming Agenda Items
16. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: September 17, 2024
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Introduction of proposed Ordinance No. 2451, amending Sections 2.16.020 and 2.16.030 of Chapter 2.16 of the Victorville Municipal Code, for the purpose of adjusting the salaries of members of the Victorville City Council pursuant to Senate Bill 329 Recommendation:
That the Honorable City Council:
(1) Open and conduct the public hearing;
(2) Introduce Ordinance No. 2451 for adoption and first reading by title only; and (3) Waive further reading in full of proposed Ordinance No. 2451.
Fiscal Impact:
There is no fiscal impact associated with this action at this time. However, when the salary increase becomes effective following the November 2024 election and the seating of new City Council members in December as discussed herein, the monthly salary amount paid to each City Council member will be increased from $1,200.00 to $1,900.00.
Strategic Plan Goal:
This item aligns with Strategic Plan Goal “E” – Organizational Effectiveness and Sustainability
Background:
At the regular City Council meeting on August 20, 2024, it was moved by Council Member Jones and approved by a majority vote of the City Council to agendize an item for discussion and possible action regarding City Council monthly compensation. The motion included a request that the monthly compensation for City of Victorville City Council members be increased consistent with Government Code (GC) Section 36516, as recently amended by Senate Bill (SB) 329.
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In accordance with existing law (GC Section 36516.5), such increase would become effective after the 2024 general municipal election results are certified and new City Council members serving staggered terms are seated in December of 2024. GC Section 36516 requires that city council salaries be set and/or amended by passage of an ordinance. Proposed Ordinance No. 2451 (Attachment A) has been drafted accordingly and is attached for City Council consideration.
Discussion:
Victorville Municipal Code (VMC) Section 2.16.020 specifies the salary that is received by its City Council members. Said salary is currently $1,200.00 per month. Since being set at $500.00 per month in 1993 based on the City’s then-current population, the City Council’s salary has periodically been increased using the five percent (5%) per calendar year formula in GC Section 36516. This formula was adopted by ordinance and is codified in VMC Section 2.16.030. The last salary increase became effective in December of 2022, after two new City Council members were sworn into office following the November 2022 general election.
Effective January 1, 2024, SB 329 (Attachment B) revised GC Section 36516 to adjust for inflation the population-based maximum monthly salary amounts that city council members may receive, as those amounts had remained static since 1984. In cities with populations of 75,000 to 150,000 (such as Victorville, which has a population of 134,810 according to 2020 census figures) GC Section 36516 now permits council member salaries to be set at an amount up to $1,900.00 per month, provided such salary is set by an ordinance which includes findings demonstrating the need for the increase.
Revised GC Section 36516 also provides the following new formula for calculating future salary increases: “[A]n amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year.” As this new formula is an alternative to the current 5% formula (SB 329 permits the use of either formula, whichever produces the greater amount) the new formula will be set forth in VMC Section 2.16.030, together with the 5% formula. However, neither formula is applicable at this time, as the proposed increase to $1,900.00 is based on the new population maximum salary amounts provided for in SB 329.
Proposed Ordinance No. 2451 amends VMC Sections 2.16.020 and 2.16.030 as discussed above, and the eleventh (11th) Recital on page 2 includes findings demonstrating the need for the increase. As required by GC Section 36516.5, the new salary amount will be effective as of the first City Council member pay period that commences on or after the date new Council members are sworn into office in December following the certification of the November 2024 election results. A blackline comparison showing the proposed changes to the VMC is included as Attachment C.
Staff remains available for any questions or comments you may have. 3 7
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Attachments: A. Ordinance No. 2451
B. Senate Bill (SB) 329
C. Blackline Comparison
ATTACHMENT A
ORDINANCE NO. 2451
ORDINANCE NO. 2451
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, AMENDING SECTIONS 2.16.020 AND
2.16.030 OF CHAPTER 2.16 OF THE VICTORVILLE MUNICIPAL CODE (“CITY COUNCIL COMPENSATION”) FOR THE PURPOSE OF
SETTING THE NEW MAXIMUM MONTHLY SALARY FOR
VICTORVILLE CITY COUNCIL MEMBERS BASED UPON CURRENT
POPULATION AND PROVIDING FOR FUTURE ADJUSTMENTS IN
SAID SALARIES PURSUANT TO SENATE BILL 329
WHEREAS, California Government Code Section 36516 (“ Section 36516”) previously authorized a city council to enact an ordinance to provide each member of a city council a salary based upon the population of the city (which amounts were set forth in said Section in 1984) and to further increase said salary by ordinance or by an amendment to an ordinance ; provided, however, that the amount of the increase did not exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of the salary; and WHEREAS, Section 36516 further provided that a city’s population for purposes of such salary increases would be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance; and WHEREAS, in accordance with the previous version of Section 36516 and based upon the City of Victorville’s population in 1993 (which was between 50,000 and 75,000) , the City Council of the City of Victorville (the “City Council”) adopted an ordinance which provided for a monthly salary of five hundred dollars ($500) to be paid to members of the City Council and subsequently amended said ordinance to permit the five percent (5%) calendar year increases and further adopted amendments to said ordinance to implement such salary increases; and WHEREAS, California Government Code Section 36516.5 (“Section 36516.5”) prohibits an adjustment in salary during a city council member’s term of office, but permits such adjustment in the salary of all city council members serving staggered terms to take effect when at least one city council member commences a new term; and
WHEREAS, the City Council members serve staggered terms, and the operative date of the last adjustment in City Council salary occurred in December 2022, after certain City Council members commenced a new term, and the adjustment was an increase to an amount equaling One Thousand Two Hundred Dollars ($1,200.00) per month; and WHEREAS, to account for inflation, Section 36516 was amended by Senate Bill (SB) 329 effective January 1, 2024; and
WHEREAS, Section 36516 now provides for: (1) new maximum monthly salary amounts for members of city councils based on city population; and (2) subsequent increases to such population-based salaries, provided such population- based salary amounts and subsequent increases are adopted by an ordinance or an amendment to an ordinance which includes findings demonstrating the need for a salary increase; and
WHEREAS, Subsection (a)(2) (D) of Section 36516 now specifies that i n cities having over 75,000 up to and including 150,000 in population, said monthly maximum city council salary may be set by ordinance in an amount up to and including one thousand nine hundred dollars ($1,900) per month; and
WHEREAS, pursuant to the last preceding federal (2020) census, the population of the City of Victorville (the “City”) was 134,810; and
WHEREAS, the City Council members serve staggered terms and at least three members shall commence a new term in December 2024, following the certification of the November 5, 2024 election results and the swearing in of such new members at a meeting held to be held in December 2024 specifically for that purpose; and
WHEREAS, the City Council finds that the cost of living has increased significantly since the last salary increase, including, but not limited to, such things as the cost of housing, the cost of gasoline and energy, the cost of food and services along with everyday household items, all of which have contributed to inflation rates that have hit 40 year highs and which has led to economic challenges for the City’s residents, including Council m embers and which, in the case of council members, many of whom do not have full time jobs, can be mitigated to a small extent by and increase in City Council monthly compensation; and
WHEREAS, based upon such findings, the City Council finds it necessary and proper to adopt this Ordinance to increase by means of an amendment to Victorville Municipal Code (“VMC”) Section 2.16.020, the amount of salary received by members of the City Council, in accordance with revised Section 36516, which amount shall be One Thousand Nine Hundred Dollars ($1,900.00) per month, such increase to be effective only on or after the date such new City Council members assume office in December following certific ation of the November 2024 general municipal election results; and
WHEREAS, as amended by SB 329, Section 36516 now provides an additional method by which future adjustments to the population-based salary of city council members may be made; and
WHEREAS, the current version of VMC Section 2.16.030 only provides that any increase in salary cannot exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of the salary; and WHEREAS, the City Council further deems it desirable to adopt this Ordinance to amend VMC Section 2.16.030 to include the additional method for making future adjustments to the City Council salary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals
The recitals set forth above are true and correct and together with any definitions set forth therein are hereby incorporated into this Ordinance by this by this reference.
Section 2. Amendment of Sections 2.16.020 and 2.16.030 of Chapter 2.16 (“City Council Compensation”) of the Victorville Municipal Code
SECTIONS 2.16.020 and 2.16.030 OF CHAPTER 2.16 OF THE
VICTORVILLE MUNICIPAL CODE ARE HEREBY AMENDED IN
THEIR ENTIRETY TO READ AS FOLLOWS:
2.16.020 Salaries – Amount.
Each member of the City Council shall receive as salary the sum of One Thousand Nine Hundred dollars ($1,900.00) per month, which shall be payable at the same time and in the same manner as salaries are paid to other officers and employees of the City. Said salary shall become payable only on and after the date upon which one or more members of the City Council become eligible therefor by virtue of beginning a new term of office following the next succeeding general municipal election held in the City following the effective date of the ordinance adopting this Section.
2.16.030 Salaries - Increase.
The salary payable to each member of the City Council as set forth in Section 2.16.020 may from time to time be increased by ordinance or by an amendment to an ordinance of the City Council; provide d, however, that any increase cannot exceed the greater of either : (i) an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted ; or (ii) an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index which amount shall not exceed ten percent (10%) per each calendar year ; provided, further, that the salary as so increased shall only become payable effective as of the date specified in the second sentence of Section 2.16.020.
Ordinances amending salaries shall include findings demonstrating the need for the increase and shall be adopted as set forth in Government Code Section 36516(g).
Section 3. Repeal of Conflicting Provisions
All the provisions of the Victorville Municipal Code as heretofore adopted by the City of Victorville that are in conflict with the provisions of this Ordinance are hereby repealed.
Section 4. Severability
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentence, clause, phrase, or portion of this ordinance. The City Council hereby declared that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 5. Effective Date
This Ordinance shall take effect thirty days (30) days after its final passage by the City Council; however, the effective date of the increased salary amount will be determined in accordance with Section 2.16.020 of the Victorville Municipal Code, but shall in no event occur prior to the first Council Member pay period which commences on or after the date the new Council Members are sworn into office in December of 2024.
Section 6. C ertification
The City Clerk of the City of Victorville is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published in the manner required by law.
P:\APPS\WPDATA\VVCA\0002 CITY COUNCIL\DOC\043.9-ORD 2451 COUNCIL SALARY CHANGE FINAL CLEAN 09.05.24.DOCX
ATTACHMENT B
SENATE BILL (SB) 329
Senate Bill No. 329
CHAPTER 27
An act to amend Section 36516 of the Government Code, relating to local government.
[
Approved by Governor June 29, 2023. Filed with Secretary of State June 29, 2023. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 329, Dodd. Cities: city council members: compensation.
Existing law authorizes a city council to enact an ordinance to provide each member of the city council a salary based upon the population of the city, as specified. Existing law authorizes that amount to be increased by the city council by an amount that does not exceed 5% for each calendar year from the operative date of the last adjustment of the salary that is in effect when the increase is enacted. Existing law provides for the procedures by which a city may enact ordinances.
This bill would increase the maximum amount of salary, based upon the population of the city, that may be approved by an ordinance passed by the city council, as specified. The bill would authorize the salary of council members to be increased beyond the specified maximums to an amount not exceeding the greater of either 5% for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted, or an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10% for each calendar year. The bill would require the city council to consider the adoption of an ordinance to increase council member compensation in open session during at least 2 regular meetings of the city council.
DIGEST KEY
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:
SECTION 1.
The Legislature finds and declares all of the following:
(a) The compensation schedule for general law cities has not been adjusted since 1984, meaning that city council compensation has not kept pace with inflation. (b) Allowing cities to adjust their compensation for inflation since 1984 may help city councils become more diverse because increased compensation can help individuals from across different income levels receive sufficient income from their service to hel p ensure that they can continue to serve the public and support their families.
SEC. 2.
Section 36516 of the Government Code is amended to read:
36516.
(a) (1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2). (2) The salaries approved by ordinance under paragraph (1) shall be as follows:
(A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month.
(C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month.
(D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month.
(E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month. (F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.
(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.
(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following:
(A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. (B) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year. (5) No ordinance shall be enacted or amended to provide automatic future increases in salary. (b) Notwithstanding subdivision (a), at any municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner. (c) Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on which the city council member serves. If the other statute that authorizes the compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body.
(d) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees. (e) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section.
(f) A city council member may waive any or all of the compensation permitted by this section. (g) (1) For the purposes of this section, a city council shall consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council. (2) At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for the increased compensation. The ordinance shall not be adopted at the first meeting.
(3) At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the ordinance.
ATTACHMENT C
Blackline
Comparison
Blackline Compare
Current VMC Sections 2.16.020 and 2.16.030 Showing Changes Proposed by Ord. No.2451
P:\APPS\WPDATA\VVCA\0002 CITY COUNCIL\DOC\047.0-ATTAHCMENT C BLACKLINE COMPARE OF VMC SECTIONS 2.16.20 & 030 TO ORD. 2451 09.05.24.DOCX
2.16.020 Salaries – Amount.
Each member of the City Council shall receive as salary the sum of One Thousand Nine Hundred dollars ($1,900.00) per month, which shall be payable at the same time and in the same manner as salaries are paid to other oƯicers and employees of the City. Said salary shall become payable only on and after the date upon which one or more members of the City Council become eligible therefor by virtue of beginning a new term of oƯice following the next succeeding general municipal election held in the City following the eƯective date of the ordinance adopting this Section.
2.16.030 Salaries - Increase.
The salary payable to each member of the City Council as set forth in Section 2.16.020 may from time to time be increased by ordinance or by an amendment to an ordinance of the City Council; provided, however, that any increase cannot exceed the greater of either: (i) an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of the salary in eƯect when the ordinance or amendment is enacted; or (ii) an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index which amount shall not exceed ten percent (10%) per each calendar year; provided, further, that the salary as so increased shall only become payable eƯective as of the date specified in the second sentence of Section 2.16.020.
Ordinances amending salaries shall include findings demonstrating the need for the increase and shall be adopted as set forth in Government Code Section 36516(g).
Deleted: city council
Deleted: one thousand two hundred
Deleted: city.
Deleted: city council
Deleted: city council
Deleted: only on and after the date upon which one or
more members
Deleted: council become eligible therefor by virtue of
beginning a new term of oƯice following the next
succeeding general municipal election held
Deleted: city.
Item Number: 2
City Council / Board of Directors
Consent Calendar
Meeting of: September 17, 2024
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Reduction of Securities for Tract Map No. 16463
Recommendation:
That the Honorable City Council:
(1) Approve a 20% reduction of the Drainage and Landscape Maintenance Assessment District (LMAD) Public Improvement Faithful Performance Securities for Tract Map No. 16463; and
(2) Accept the completed Drainage and Landscape Maintenance Assessment District (LMAD) Public Improvements.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Although this is not a Capital Improvement Project, we apply the same strategy to private development projects as they are essential in meeting the community’s needs.
Background:
Tract Map No. 16463 consists of 81 single-family lots and is located southwest of the intersection of Tawney Ridge Lane and Cobalt Road. On April 20, 2021, the City Council approved a Subdivision Improvement Agreement (SIA), secured by a Lien Agreement with the Developer D.R. Horton Los Angeles Holding Company, Inc. (D.R. Horton).
Following the attainment of all required jurisdictional permits for the channel improvements, the City Council released the Lien Agreement on March 15, 2022, and accepted improvement bonds as security. The approved SIA outlined various responsibilities for the completion of Tract 16463, including Drainage, Landscaping 3 7
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Maintenance Assessment District (LMAD), Monumentation, Water, Sewer, and Streets Public Improvements.
Discussion:
The Developer has completed the Drainage and Landscaping Maintenance Assessment District (LMAD) Public Improvements and was placed on a 90-Day Plant Establishment maintenance period which ended on May 16, 2024. It is recommended that an additional 20%, totaling an overall 80% reduction of the Drainage and Landscaping Maintenance Assessment District (LMAD), Faithful Performance securities be released and that the City Council accept the completed Drainage and Landscaping Maintenance Assessment District (LMAD) Public Improvements. Per Victorville Municipal Code Section
17.64.070(4), the remaining 20% of the Faithful Performance Securities are to be held for a one-year warranty period and the Labor & Materials Securities will be held for a 6-month period.
Staff remains available for any questions Council may have.
Attachments: A. Vicinity Map
B. Securities Table
C. Existing Securities
Attachment B
Securities Table
Securities Table
Faithful Performance Security
Water Improvements – No. 800054871 Labor & Materials Security Water Improvements – No. 800054871
Amount of ORIGINAL Security: $350,691.00 Amount of ORIGINAL Security: $175,345.50 Amount of Security CURRENTLY: $0.00 Amount of Security CURRENTLY: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $0.00 Amount of Security REMAINING: $0.00 Faithful Performance Security
Sewer Improvements – No. 800054871 Labor & Materials Security Sewer Improvements – No. 800054871
Amount of ORIGINAL Security: $425,276.50 Amount of ORIGINAL Security: $212,638.25 Amount of Security CURRENTLY: $0.00 Amount of Security CURRENTLY: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $0.00 Amount of Security REMAINING: $0.00 Faithful Performance Security
Drainage Improvements – No. 800054871 Labor & Materials Security Drainage Improvements – No. 800054871
Amount of ORIGINAL Security: $1,759,266.94 Amount of ORIGINAL Security: $879,633.47 Amount of Security CURRENTLY: $703,706.78 Amount of Security CURRENTLY: $879,633.47 Amount of Security being REDUCED: $351,853.39 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $351,853.39 Amount of Security REMAINING: $879,633.47 Faithful Performance Security
LMAD Improvements – No. 800054871 Labor & Materials Security LMAD Improvements – No. 800054871
Amount of ORIGINAL Security: $1,546,579.65 Amount of ORIGINAL Security: $773,289.83 Amount of Security CURRENTLY: $618,631.86 Amount of Security CURRENTLY: $773,289.83 Amount of Security being REDUCED: $309,315.93 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $309,315.93 Amount of Security REMAINING: $773,289.83
Securities Table
Developer:
D.R. Horton Los Angeles Holding Company, Inc.
980 Montecito Drive suite 300
Corona, Ca 92879
Faithful Performance Security
Street Improvements – No. 800054871 Labor & Materials Security Street Improvements – No. 800054871
Amount of ORIGINAL Security: $1,456,607.80 Amount of ORIGINAL Security: $728,303.90 Amount of Security CURRENTLY: $582,643.12 Amount of Security CURRENTLY: $728,303.90 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $582,643.12 Amount of Security REMAINING: $728,303.90 Faithful Performance Security
Monumentation Improvements – No. 800054871
Amount of ORIGINAL Security: $35,365.00
Amount of Security CURRENTLY: $35,365.00
Amount of Security being REDUCED: $0.00
Amount of Security REMAINING: $35,365.00
Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: September 17, 2024
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Reduction of Securities for Tract Map No. 16828
Recommendation:
That the Honorable City Council:
(1) Approve an 80% reduction of the Street Public Improvement Faithful Performance Security for Tract Map No. 16828; and
(2) Accept the completed Street Public Improvements.
Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Although this is not a Capital Improvement Project, we apply the same strategy to private development projects as they are essential in meeting the community’s needs.
Background:
Tract Map No. 16828 (Tract 16828) encompasses a residential area with 40 lots, located at the northwest corner of Cordova Road and Tawney Ridge Lane. The conditions of approval for the tract required the Developer to complete various infrastructure components, including the Monumentation, Water, Sewer, and Streets Public Improvements. On September 14, 2021, the City Council approved a Subdivision Improvement Agreement (SIA) secured by improvement securities with FH II, LLC, a California Limited Liability Company, also known as Frontier Homes for the development of the tract. Since then, Frontier Homes has been progressing with the development of Tract 16828.
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Discussion:
The Developer has completed the Street Public Improvements for Tract 16828.
Therefore, staff recommends that the City Council approve an 80% reduction in the Faithful Performance Security in accordance with Victorville Municipal Code (VMC) Section 17.64.070(1) and accept the completed Street Public Improvements.
Per VMC Section 17.64.070(4), the remaining 20% of the Faithful Performance Securities are to be held for a one-year warranty period and the Labor & Materials Securities will be held for a 6-month period.
Staff remains available for any questions Council may have.
Attachments: A. Vicinity Map
B. Securities Table
C. Existing Securities
Attachment B
Securities Table
Securities Table
Faithful Performance Security
Monumentation Improvements – No. 0799587
Amount of ORIGINAL Security: $5,379.00
Amount of Security CURRENTLY: $0.00
Amount of Security being REDUCED: $0.00
Amount of Security REMAINING: $0.00
Developer:
FH II, LLC
2151 E. Convention Center Way, Suite 222
Ontario, CA 91764
Faithful Performance Security
Water Improvements – No. 0799586 Labor & Materials Security Water Improvements – No. 0799586
Amount of ORIGINAL Security: $216,898.00 Amount of ORIGINAL Security: $108,449.00 Amount of Security CURRENTLY: $0.00 Amount of Security CURRENTLY: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $0.00 Amount of Security REMAINING: $0.00 Faithful Performance Security
Sewer Improvements – No. 0799585 Labor & Materials Security Sewer Improvements – No. 0799585
Amount of ORIGINAL Security: $264,562.10 Amount of ORIGINAL Security: $132,281.05 Amount of Security CURRENTLY: $0.00 Amount of Security CURRENTLY: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $0.00 Amount of Security REMAINING: $0.00 Faithful Performance Security
Street Improvements – No. 0799584 Labor & Materials Security Street Improvements – No. 0799584
Amount of ORIGINAL Security: $623,340.27 Amount of ORIGINAL Security: $311,670.14 Amount of Security CURRENTLY: $623,340.27 Amount of Security CURRENTLY: $311,670.14 Amount of Security being REDUCED: $498,672.22 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $124,668.05 Amount of Security REMAINING: $311,670.14
Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: September 17, 2024
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Reduction of Securities for Tract Map No. 18100
Recommendation:
That the Honorable City Council:
(1) Approve an 80% release of the Street Faithful Performance Security for Tract Map No. 18100; and
(2) Accept the completed Street Public Improvements.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Although this is not a Capital Improvement Project, we apply the same strategy to private development projects as they are essential in meeting the community’s needs.
Background:
Tract Map No. 18100 (Tract 18100) encompasses a residential area with 73 lots, located at the southwest corner of Sunset Road and Mesa Linda Street. The conditions of approval for the tract required the Developer to complete various infrastructure components, including the Monumentation, Sewer, Streets, and Water Public Improvements. On April 20, 2021, the City Council approved a Subdivision Improvement Agreement (SIA) secured by improvement securities with FH II, LLC, a California Limited Liability Company, also known as Frontier Homes for the development of the tract. Since then, Frontier Homes has been progressing with the development of Tract 18100. 3 7
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Discussion:
The Developer has completed the Street Public Improvements for Tract 18100.
Therefore, staff recommends that the City Council approve an 80% reduction in the Faithful Performance Securities in accordance with Victorville Municipal Code (VMC) Section 17.64.070(1) and accept the completed Street Public Improvements.
Per VMC Section 17.64.070(4), the remaining 20% of the Faithful Performance Securities are to be held for a one-year warranty period and the Labor & Materials Securities will be held for a 6-month period.
Staff remains available for any questions Council may have.
Attachments: A. Vicinity Map
B. Securities Table
C. Existing Securities
Attachment B
Securities Table
Securities Table
Faithful Performance Security
Water Improvements – No. 0799560 Labor & Materials Security Water Improvements – No. 0799560
Amount of ORIGINAL Security: $737,895.40 Amount of ORIGINAL Security: $368,947.70 Amount of Security CURRENTLY: $0.00 Amount of Security CURRENTLY: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $0.00 Amount of Security REMAINING: $0.00 Faithful Performance Security
Sewer Improvements – No. 0799561 Labor & Materials Security Sewer Improvements – No. 0799561
Amount of ORIGINAL Security: $384,928.50 Amount of ORIGINAL Security: $192,464.25 Amount of Security CURRENTLY: $0.00 Amount of Security CURRENTLY: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $0.00 Amount of Security REMAINING: $0.00 Faithful Performance Security
Street Improvements – No. 0799559 Labor & Materials Security Street Improvements – No. 0799559
Amount of ORIGINAL Security: $2,849,721.36 Amount of ORIGINAL Security: $1,424,860.68 Amount of Security CURRENTLY: $2,849,721.36 Amount of Security CURRENTLY: $1,424,860.68 Amount of Security being REDUCED: $2,279,777.09 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $569,944.27 Amount of Security REMAINING: $1,424,860.68 Faithful Performance Security
Monumentation Improvements – No. 0799562
Amount of ORIGINAL Security: $7,766.00
Amount of Security CURRENTLY: $0.00
Amount of Security being REDUCED: $0.00
Amount of Security REMAINING: $0.00
Developer:
FH II, LLC, a California Limited Liability Company
2151 E. Convention Center Way, Suite 114
Ontario, CA 91764
Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: September 17, 2024
Submitted By:
Carmen Cun, Finance Director / City Treasurer
Subject:
Commercial Demand Schedule No. 5
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 5 in the amount of $6,955,782.59, covering Electronic Fund Transfers No. 340715 through 340934 and Warrant No. 796624 through 796753 for 08/22/2024 through 09/04/2024, per the adopted budget for Fiscal Year 2023-2024 for the period covering July 1, 2023 through June 30, 2024 and Fiscal Year 2024-2025 for the period covering July 1, 2024 through June 30, 2025.
Fiscal Impact:
The total fiscal impact for Fiscal Year 2023-2024 in the amount of $487,236.58 and total fiscal impact for Fiscal Year 2024-2025 in the amount of $6,468,546.01 is authorized with this action. The attached report details the total funds paid to vendors.
Background:
Pursuant to the City’s Municipal Code (2.24.080) the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to City policies and procedures and funds were budgeted or available to pay said demands. A list of commercial warrants and wire transfers is now being presented to Council for approval.
Attachments: A. Commercial Demand Schedule No. 5 Check Register Summary ATTACHMENT A:
Commercial Demand Schedule No. 5 Check Register Summary
CITY OF VICTORVILLE
Report generated: 09/04/2024 15:42 Page 1User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
340715 08/28/2024 EFT 021658 BUCHALTER, A PROFESSIONAL 175.00 340716 08/28/2024 EFT 022096 CALI AUTO GLASS 367.84
340717 08/28/2024 EFT 015486 CONSOLIDATED ELECTRICAL D 196.62 340718 08/28/2024 EFT 001063 GOODYEAR TIRE & RUBBER CO 559.37 340719 08/28/2024 EFT 022905 HOPE THE MISSION 65,932.20 340720 08/28/2024 EFT 010777 ICONIX WATERWORKS (US) IN 1,503.60 340721 08/28/2024 EFT 019735 PACIFIC UTILITY INSTALLAT 30,400.00 340722 08/28/2024 EFT 021198 PRISTINE UNIFORMS 455.64
340723 08/28/2024 EFT 017269 TOWN & COUNTRY TIRE INC 30.00 340724 08/28/2024 EFT 000095 UNIVAR SOLUTIONS USA INC. 649.89 340725 08/28/2024 EFT 022084 A-1 ENTERPRISE, INC. 1,128.75 340726 08/28/2024 EFT 010537 ACCO ENGINEERED SYSTEMS, 580.00 340727 08/28/2024 EFT 014856 AGRI-CON HYDRAULICS 466.06 340728 08/28/2024 EFT 001646 ALLSTAR FIRE EQUIPMENT 21,484.46 340729 08/28/2024 EFT 002921 AMERICAN LANDSCAPE AND MA 74,935.92 340730 08/28/2024 EFT 000165 ANIMAL EMERGENCY CLINIC 102.00 340731 08/28/2024 EFT 022189 ATIMUA, ASIANA LIMA 225.00 340732 08/28/2024 EFT 000297 BECK OIL, INC. 12,053.26
340733 08/28/2024 EFT 015877 BOOT BARN, INC. 450.00
340734 08/28/2024 EFT 010986 BRAUN BLAISING SMITH WYNN 1,495.16 340735 08/28/2024 EFT 021658 BUCHALTER, A PROFESSIONAL 242.50 340736 08/28/2024 EFT 022096 CALI AUTO GLASS 288.36
340737 08/28/2024 EFT 014820 CAL-STATE AUTO PARTS 2,127.75 340738 08/28/2024 EFT 028287 CASTELLON, STEPHANIE 140.00 340739 08/28/2024 EFT 018132 CLINICAL LABORATORY OF SA 17,403.75 340740 08/28/2024 EFT 015486 CONSOLIDATED ELECTRICAL D 630.45 340741 08/28/2024 EFT 022345 DIAMOND ENVIRONMENTAL SER 766.52 340742 08/28/2024 EFT 028115 D'S BOOTERY 201.19
340743 08/28/2024 EFT 023177 ESTRADA, MIGUEL A. 20,000.00 340744 08/28/2024 EFT 015760 FASTENAL COMPANY 352.35
340745 08/28/2024 EFT 000975 FRANKLIN TRUCK PARTS, INC 2,934.20 340746 08/28/2024 EFT 016134 FRONTIER COMMUNICATIONS C 327.65 340747 08/28/2024 EFT 001015 GALLS PARENT HOLDINGS, LL 543.39 340748 08/28/2024 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 1,592.91 340749 08/28/2024 EFT 001063 GOODYEAR TIRE & RUBBER CO 1,314.93 340750 08/28/2024 EFT 001076 GRAINGER 144.02
340751 08/28/2024 EFT 003047 GRAVES & KING LLP 1,166.00 340752 08/28/2024 EFT 016317 GREATER HOPE FOUNDATION F 275.00 340754 08/28/2024 EFT 021166 HARKEY, DAWN MARIE 150.00
340755 08/28/2024 EFT 018938 HARRIS & ASSOCIATES, INC. 61.25 340756 08/28/2024 EFT 017752 HATTRIX INC. 219.29
340757 08/28/2024 EFT 010777 ICONIX WATERWORKS (US) IN 6,755.55 340758 08/28/2024 EFT 021594 HERITAGE LANDSCAPE SUPPLY 1,485.04 340759 08/28/2024 EFT 018048 INDUSTRIAL CLERICAL RECRU 1,380.40 340760 08/28/2024 EFT 001059 JOE A. GONSALVES & SON 3,200.00 340761 08/28/2024 EFT 021689 THINKNETIC MEDICAL CORPOR 2,950.00 340762 08/28/2024 EFT 022420 LORBEL, INC. 2,202.19
340763 08/28/2024 EFT 019967 MOJAVE AUTO COLLISION 4,704.33 340764 08/28/2024 EFT 017743 PULICE, SAMUEL A. 243.16
340765 08/28/2024 EFT 016352 MONTGOMERY, ROGER 175.00
340766 08/28/2024 EFT 001789 PARKHOUSE TIRE, INC. 32.46 340767 08/28/2024 EFT 001886 PRUDENTIAL OVERALL SUPPLY 166.83
CITY OF VICTORVILLE
Report generated: 09/04/2024 15:42 Page 2User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
340768 08/28/2024 EFT 018886 RDO EQUIPMENT CO. 64.95
340769 08/28/2024 EFT 013661 REBEL OIL COMPANY 20,745.82 340770 08/28/2024 EFT 024930 REFRIGERATION SUPPLIES DI 339.76 340771 08/28/2024 EFT 020678 UNITED SAFETY SERVICES 1,042.65 340772 08/28/2024 EFT 001987 ROTARY CLUB - VICTORVILLE 161.67 340773 08/28/2024 EFT 001988 RSG, INC. 668.75
340774 08/28/2024 EFT 019792 SEVEN60 WRAP & SIGNS 125.00 340775 08/28/2024 EFT 001153 DS SERVICES OF AMERICA, I 205.91 340776 08/28/2024 EFT 017269 TOWN & COUNTRY TIRE INC 1,931.20 340777 08/28/2024 EFT 021297 YHBJ GROUP INC. 502.92
340778 08/28/2024 EFT 001169 AUTO PARTS DIRECT LLC 472.19 340779 08/28/2024 EFT 029118 UNITED ROTARY BRUSH CORPO 403.47 340780 08/28/2024 EFT 020762 OREMOR OF VICTORVILLE, LL 1,264.37 340781 08/28/2024 EFT 020421 VOHNE LICHE KENNELS, INC. 300.00 340782 08/28/2024 EFT 008430 CALMAT COMPANY 2,726.28
340783 08/28/2024 EFT 002505 VICTORVILLE DISPOSAL, INC 1,401,873.84 340784 08/28/2024 EFT 002498 VICTOR VALLEY WASTEWATER 1,639.02 340785 08/28/2024 EFT 002554 WAXIE SANITARY SUPPLY 715.58 340786 08/28/2024 EFT 018845 Z GLOBAL INC. 84,437.38
340787 08/28/2024 EFT 005004 ABREGO, RODOLFO RUDY 146.98 340788 08/28/2024 EFT 014212 ALDERETE, EVONIA 385.35
340789 08/28/2024 EFT 011930 ANDERSON, PAMELA K 371.89
340790 08/28/2024 EFT 019717 ARROYO, JOANN 187.49
340791 08/28/2024 EFT 004941 BATES, CAROLEE 553.51
340792 08/28/2024 EFT 003638 BECERRA, ELIZABETH 633.35
340793 08/28/2024 EFT 012054 BECKER, JOHN R 229.04
340794 08/28/2024 EFT 014654 BEVILACQUA, ANTHONY 887.20 340795 08/28/2024 EFT 011916 BIER, MICHAEL 351.54
340796 08/28/2024 EFT 018689 BORROWMAN, STEVEN H. 722.56 340797 08/28/2024 EFT 012066 BROWN, MARTY R 385.35
340798 08/28/2024 EFT 012044 BURCHAK, GLORIA J 348.02
340799 08/28/2024 EFT 012056 CALDWELL, TERRY E 229.04
340800 08/28/2024 EFT 001114 CAMELI-STEVENS, LORAINE 156.61 340801 08/28/2024 EFT 003218 CARBAJAL, STEVEN 209.30
340802 08/28/2024 EFT 025314 CASTRO, MELISSA 802.61
340803 08/28/2024 EFT 003645 CATHCART, MICHAEL 537.54
340804 08/28/2024 EFT 004144 CHRISTIAN-SOPER, BARBARA 504.69 340805 08/28/2024 EFT 008111 COLLINS, KEVIN 526.16
340806 08/28/2024 EFT 011935 COSTELLO, JOSE 107.75
340807 08/28/2024 EFT 011934 COX, JAMES L 312.31
340808 08/28/2024 EFT 012051 COX, JOHN STEVEN 75.42
340809 08/28/2024 EFT 012064 COY, MICHAEL 117.00
340810 08/28/2024 EFT 012069 DEZWART, AMY LYN 348.02
340811 08/28/2024 EFT 006095 DIAZ, JANET 526.28
340812 08/28/2024 EFT 019734 DORAN, WILLIAM J. III 289.55 340813 08/28/2024 EFT 009544 FALZONE, RICHARD 249.92
340814 08/28/2024 EFT 012046 FITZSIMMONS, RALPH L 49.24 340815 08/28/2024 EFT 012062 FLORES, CYNTHIA D 369.91
340816 08/28/2024 EFT 004773 FLORES, JOSEPH P. 142.00
340817 08/28/2024 EFT 011940 GARCIA, VINCENT J 641.16
340818 08/28/2024 EFT 011909 GARLAND, SHEILA D 205.88
340819 08/28/2024 EFT 012063 HARBOUR, RAYMOND LEE 860.76
CITY OF VICTORVILLE
Report generated: 09/04/2024 15:42 Page 3User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
340820 08/28/2024 EFT 015665 HELDRETH, GREGORY 887.20
340821 08/28/2024 EFT 012052 HINOJOS, JANICE A 278.92
340822 08/28/2024 EFT 011677 HOLLAND, KELLEY 296.87
340823 08/28/2024 EFT 012050 JARRETT, JENNIE L 348.02
340824 08/28/2024 EFT 022215 KARRES, RONALD J. 356.45
340825 08/28/2024 EFT 012049 KUHLMANN, EULEMA 108.06
340826 08/28/2024 EFT 029000 LACEY, MICHAEL P. 63.28
340827 08/28/2024 EFT 014183 LAURIE, BERNEE 159.02
340828 08/28/2024 EFT 012061 LAWSON, JAMES 680.39
340829 08/28/2024 EFT 012047 LEEF, DAVID 229.04
340830 08/28/2024 EFT 009048 LUDWIG, TRACY 572.80
340831 08/28/2024 EFT 019051 LUTHER, KARLA 242.49
340832 08/28/2024 EFT 012060 MADDOX, JONNIE F 385.35
340833 08/28/2024 EFT 011919 MARTINEZ, BASILIO 887.20
340834 08/28/2024 EFT 019440 MCCORMICK, DONNA 789.15
340835 08/28/2024 EFT 014184 MCGINN, JOHN 622.02
340836 08/28/2024 EFT 011918 MCGLADE, JOHN A 186.72
340837 08/28/2024 EFT 004588 MCGOWAN, CHERYL 261.99
340838 08/28/2024 EFT 003603 MCMURTRY, DANIEL 742.11
340839 08/28/2024 EFT 011913 MILLENDER, FRANCENE J 586.26 340840 08/28/2024 EFT 004745 MILLER, BRUCE 99.60
340841 08/28/2024 EFT 011917 MORSE, RENEE 371.89
340842 08/28/2024 EFT 012070 MOSHER, ADELE 88.24
340843 08/28/2024 EFT 012426 MULLINS, DENNIS M. 254.74
340844 08/28/2024 EFT 012065 NEWELL, CAROLYN 833.50
340845 08/28/2024 EFT 003200 O'DELL, DARRELL 622.02
340846 08/28/2024 EFT 013672 OGILVIE-HARPER, MARQUITA 282.49 340847 08/28/2024 EFT 012697 OROS, DWAYNE E. 802.61
340848 08/28/2024 EFT 012057 PATTERSON, ADAIR MARIE 371.89 340849 08/28/2024 EFT 022185 PIEPER, WADE 567.33
340850 08/28/2024 EFT 020717 PRUEITT, CORINNE 790.52
340851 08/28/2024 EFT 020716 PRUEITT, DAVID 790.52
340852 08/28/2024 EFT 011910 RAMIREZ, DIANA M 54.24
340853 08/28/2024 EFT 018894 RANDALL, DAVID L. 105.68
340854 08/28/2024 EFT 011920 RANKIN, SHARON 205.88
340855 08/28/2024 EFT 013209 RANKIN, TIMOTHY 814.16
340856 08/28/2024 EFT 020907 RODRIGUEZ, ANGELA 309.41
340857 08/28/2024 EFT 014496 RODRIGUEZ, LOUIE 742.11
340858 08/28/2024 EFT 017345 RUSSO, MARILEE 398.74
340859 08/28/2024 EFT 003583 RUSSO, VINCE 120.45
340860 08/28/2024 EFT 014493 SALAS, GLENN 255.03
340861 08/28/2024 EFT 012045 SALBERG, RAYMOND A 249.13
340862 08/28/2024 EFT 011929 SALINAS SR., XAVIER S 205.88 340863 08/28/2024 EFT 017488 SCHROEDER, KAY D. 312.31
340864 08/28/2024 EFT 003965 SCOTT, KIMBERLIE 369.91
340865 08/28/2024 EFT 014082 SMITH, ARNOLD 99.60
340866 08/28/2024 EFT 011931 SONGER FAMILY SURVIVAL TR 385.35 340867 08/28/2024 EFT 024654 SPARKS, DAVID J. 690.60
340868 08/28/2024 EFT 005559 ST. LOUIS, LINDA 887.20
340869 08/28/2024 EFT 018887 STONESIFER, ROBERT 108.06
340870 08/28/2024 EFT 021852 STONESIFER, BARRY 261.99
340871 08/28/2024 EFT 012949 STRATTON, DANIEL 180.79
CITY OF VICTORVILLE
Report generated: 09/04/2024 15:42 Page 4User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
340872 08/28/2024 EFT 017251 SWAL, JOSEPH F. 179.02
340873 08/28/2024 EFT 017153 SZARZYNSKI, MICHAEL J. 431.65 340874 08/28/2024 EFT 021025 TAYLOR, SHARON 641.16
340875 08/28/2024 EFT 012078 THOMASSON, PHILLIP 560.34
340876 08/28/2024 EFT 014806 WASSERMAN, REBECCA A 105.68 340877 08/28/2024 EFT 019160 WEAVER, STUART 802.61
340878 08/28/2024 EFT 013671 WEBB, WILLIAM C 359.51
340879 08/28/2024 EFT 011915 WHITE, JAMES M 385.35
340880 08/28/2024 EFT 011924 WILSON, BOBBY G 245.11
340881 08/28/2024 EFT 012958 WOLTERS, MARCELLA 108.06
340882 08/28/2024 EFT 012059 ZIZZI, WARREN J 677.19
340883 09/04/2024 EFT 019621 AGA ENGINEERS, INC. 14,400.00 340884 09/04/2024 EFT 000104 DANTIN ENTERPRISES, INC. 11,845.00 340885 09/04/2024 EFT 014085 ANGELES CONTRACTOR, INC 330,000.00 340886 09/04/2024 EFT 018562 BEST POWER EQUIPMENT, LLC 2,195.19 340887 09/04/2024 EFT 019580 ASTRUM UTILITY SERVICES 17,000.00 340888 09/04/2024 EFT 021548 BASE HILL, INC. 4,825.50
340889 09/04/2024 EFT 000297 BECK OIL, INC. 4,374.50
340890 09/04/2024 EFT 014954 BRIDGEPAY NETWORK SOLUTIO 2,124.50 340891 09/04/2024 EFT 021658 BUCHALTER, A PROFESSIONAL 4,050.00 340892 09/04/2024 EFT 002720 CALIFORNIA TOOL & WELDING 1,270.50 340893 09/04/2024 EFT 014820 CAL-STATE AUTO PARTS 73.65 340894 09/04/2024 EFT 016335 CHARTER COMMUNICATION HOL 1,500.00 340895 09/04/2024 EFT 015486 CONSOLIDATED ELECTRICAL D 1,607.86 340896 09/04/2024 EFT 010282 DELTA DENTAL INSURANCE CO 4,184.06 340897 09/04/2024 EFT 009492 DELTA DENTAL OF CALIFORNI 32,129.01 340898 09/04/2024 EFT 019731 EL DORADO BROADCASTERS LL 4,041.00 340899 09/04/2024 EFT 021251 FLEET SERVICES, INC. 252.92 340900 09/04/2024 EFT 011206 FLYERS ENERGY LLC 1,629.03 340901 09/04/2024 EFT 016134 FRONTIER COMMUNICATIONS C 255.42 340902 09/04/2024 EFT 001063 GOODYEAR TIRE & RUBBER CO 2,114.46 340903 09/04/2024 EFT 001076 GRAINGER 792.44
340904 09/04/2024 EFT 003047 GRAVES & KING LLP 1,493.34 340905 09/04/2024 EFT 025408 THE HARTFORD - PRIORITY A 1,003.80 340906 09/04/2024 EFT 025408 THE HARTFORD - PRIORITY A 55,218.33 340907 09/04/2024 EFT 000278 HI DESERT ALARM 470.08
340908 09/04/2024 EFT 018048 INDUSTRIAL CLERICAL RECRU 1,095.36 340909 09/04/2024 EFT 004986 LESLIE'S SWIMMING POOL SU 316.54 340910 09/04/2024 EFT 001548 MCMASTER-CARR SUPPLY CO. 1,125.25 340911 09/04/2024 EFT 002727 VASQUEZ, LINDA J. 61.37
340912 09/04/2024 EFT 019967 MOJAVE AUTO COLLISION 16,751.15 340913 09/04/2024 EFT 017743 PULICE, SAMUEL A. 115.56
340914 09/04/2024 EFT 021374 PENCCO, INC 7,818.69
340915 09/04/2024 EFT 001886 PRUDENTIAL OVERALL SUPPLY 871.51 340916 09/04/2024 EFT 019063 QUADIENT, INC. 1,786.38
340917 09/04/2024 EFT 013661 REBEL OIL COMPANY 2,325.16 340918 09/04/2024 EFT 024930 REFRIGERATION SUPPLIES DI 82.62 340919 09/04/2024 EFT 020678 UNITED SAFETY SERVICES 50.00 340920 09/04/2024 EFT 012308 ROADPOST USA ,INC. 937.30
340921 09/04/2024 EFT 002063 SBC FIRE DEPARTMENT 2,076.00 340922 09/04/2024 EFT 018883 MOMAR, INC. 590.13
340923 09/04/2024 EFT 017269 TOWN & COUNTRY TIRE INC 234.55
CITY OF VICTORVILLE
Report generated: 09/04/2024 15:42 Page 5User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
340924 09/04/2024 EFT 002419 UNDERGROUND SERVICE ALERT 50.70 340925 09/04/2024 EFT 014536 UNITED SITE SERVICES OF C 2,344.12 340926 09/04/2024 EFT 000095 UNIVAR SOLUTIONS USA INC. 13,851.40 340927 09/04/2024 EFT 019776 UNIVERSAL COATINGS, INC. 605,527.15 340928 09/04/2024 EFT 021895 HD SUPPLY, INC. 3,991.71
340929 09/04/2024 EFT 008430 CALMAT COMPANY 2,007.10
340930 09/04/2024 EFT 002498 VICTOR VALLEY WASTEWATER 1,160,137.17 340931 09/04/2024 EFT 002554 WAXIE SANITARY SUPPLY 6,072.36 340932 09/04/2024 EFT 018301 WESTERN WATER WORKS SUPPL 5,961.68 340933 09/04/2024 EFT 022033 WOODARD & CURRAN, INC. 363,073.77 340934 09/04/2024 EFT 018845 Z GLOBAL INC. 39,103.21
796624 08/28/2024 PRINTED 023127 TODORUT, DELOREAN 671.67 796625 08/28/2024 PRINTED 000380 BURRTEC WASTE INDUSTRIES 119,504.28 796626 08/28/2024 PRINTED 013668 CHRISTENSEN BROTHERS GENE 190,821.54 796627 08/28/2024 PRINTED 022919 FIREMAN DESIGN & LANDSCAP 4,634.12 796628 08/28/2024 PRINTED 001074 GRAHAM EQUIPMENT 1,618.20 796629 08/28/2024 PRINTED 021441 HENRY SCHEIN, INC. 1,109.23 796630 08/28/2024 PRINTED 020549 LAMMON, JAMES 350.00
796631 08/28/2024 PRINTED 021161 CAR WASH PARTNERS, LLC. 462.00 796632 08/28/2024 PRINTED 002236 STATE WATER RESOURCES CON 756.00 796633 08/28/2024 PRINTED 002269 SUNLAND FORD 4,844.69
796634 08/28/2024 PRINTED 016520 UNITED STATES CUSTOMS AND 46,341.34 796635 08/28/2024 PRINTED 016520 UNITED STATES CUSTOMS AND 12,807.70 796636 08/28/2024 PRINTED 023108 VCA MESA ANIMAL HOSPITAL 3,045.65 796637 08/28/2024 PRINTED 017044 ALTMAN, MATTHEW 845.00 796638 08/28/2024 PRINTED 019452 AMERICAN ENGINEERING LABO 4,539.00 796639 08/28/2024 PRINTED 000191 APPLIED INDUSTRIAL TECH 263.37 796640 08/28/2024 PRINTED 023297 MAGIC ACQUISITION DBA 46,310.10 796641 08/28/2024 PRINTED 017968 AVCOM SERVICES, INC. 45.00 796642 08/28/2024 PRINTED 015662 BALLARD, JAMES ANDREW AND 2,801.47 796643 08/28/2024 PRINTED 000290 BATTERY MART OF APPLE VAL 2,326.59 796644 08/28/2024 PRINTED 023067 BEAR VALLEY ANIMAL HOSPIT 400.00 796645 08/28/2024 PRINTED 018053 BROADCAST MUSIC, INC. 1,041.00 796646 08/28/2024 PRINTED 017353 BOUND TREE MEDICAL, LLC 992.92 796647 08/28/2024 PRINTED 000380 BURRTEC WASTE INDUSTRIES 664.92 796648 08/28/2024 PRINTED 000155 CENTURY LINK 454.48
796649 08/28/2024 PRINTED 014721 CORE & MAIN LP 647.05
796650 08/28/2024 PRINTED 018020 DIXON PEST CONTROL, INC. 45.00 796651 08/28/2024 PRINTED 022422 ERNIE'S AUTO SERVICE CORP 152.26 796652 08/28/2024 PRINTED 014122 EUROFINS EATON ANALYTICAL 1,930.00 796653 08/28/2024 PRINTED 001074 GRAHAM EQUIPMENT 35.89 796654 08/28/2024 PRINTED 013762 HESPERIA ANIMAL HOSPITAL 1,360.00 796655 08/28/2024 PRINTED 001155 HESPERIA HOSE SUPPLY 154.01 796656 08/28/2024 PRINTED 022573 HYDROTEK INDUSTRIES 350.00 796657 08/28/2024 PRINTED 004305 ICSC 250.00
796658 08/28/2024 PRINTED 011942 IEDC 110.00
796659 08/28/2024 PRINTED 022140 IRIS LTD., INC. 103.60 796660 08/28/2024 PRINTED 020667 CONDON, JOSEPH 540.00
796661 08/28/2024 PRINTED 018875 KONICA MINOLTA BUSINESS S 289.11 796662 08/28/2024 PRINTED 022774 LIEBERT CASSIDY WHITMORE 1,394.00 796663 08/28/2024 PRINTED 015232 LOGICALIS, INC 258,516.15 796664 08/28/2024 PRINTED 017097 MENDOZA, JOSHUA 256.10
CITY OF VICTORVILLE
Report generated: 09/04/2024 15:42 Page 6User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
796665 08/28/2024 PRINTED 001592 MOBILE OCCUPATIONAL SERVI 165.00 796666 08/28/2024 PRINTED 023015 MONET CONSTRUCTION, INC. 405,650.00 796667 08/28/2024 PRINTED 001648 NAPA AUTO PARTS 295.88 796668 08/28/2024 PRINTED 014304 ONE SOURCE DISTRIBUTORS, 4,575.00 796669 08/28/2024 PRINTED 015663 PADILLA & ASSOCIATES, INC 1,500.00 796670 08/28/2024 PRINTED 020520 PEDIATRIC EMERGENCY STAND 7,444.50 796671 08/28/2024 PRINTED 022183 HINRICHS, DARREN 155.04 796672 08/28/2024 PRINTED 021481 VELASCO,JOSEPH 13,473.55 796673 08/28/2024 PRINTED 003150 ROBERTSON'S 10,188.35
796674 08/28/2024 PRINTED 023316 ROMO, SHEENA 651.89
796675 08/28/2024 PRINTED 023303 SANCHEZ, MICHAEL 175.00 796676 08/28/2024 PRINTED 002037 SAN BERNARDINO COUNTY 100.00 796677 08/28/2024 PRINTED 018884 FIRST STREET PARENT, INC. 58.00 796678 08/28/2024 PRINTED 016345 NNN INVESTMENTS INC. 836.50 796679 08/28/2024 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 23,354.62 796680 08/28/2024 PRINTED 020517 SOUTH COAST FIRE EQUIPMEN 3,419.15 796681 08/28/2024 PRINTED 002269 SUNLAND FORD 7,291.11
796682 08/28/2024 PRINTED 002204 SOUTHWEST GAS CORPORATION 184,165.38 796683 08/28/2024 PRINTED 022706 RED BARN MEDIA, INC. 350.00 796684 08/28/2024 PRINTED 017119 VAN SUCH, JOHN 603.21
796685 08/28/2024 PRINTED 017862 SOARES AUTOMOTIVE INC. 70.10 796686 08/28/2024 PRINTED 002879 VICTOR VALLEY TRANSIT AUT 82.50 796687 08/28/2024 PRINTED 029510 WEST END MATERIAL SUPPLY 1,851.50 796688 08/28/2024 PRINTED 023267 WILLIAMS, CLYDE JR. 275.00 796689 08/28/2024 PRINTED 023053 SPARKS, STEPHANIE VICTORI 64.00 796690 08/28/2024 PRINTED 023329 BAQAI FAMILY TRUST 08/04/ 95.42 796691 08/28/2024 PRINTED 023330 CHINCHILLA, DERICK 42.18 796692 08/28/2024 PRINTED 009883 DHAMI, TATWINDER 18.20 796693 08/28/2024 PRINTED 023323 DIAZ, CARL RENAN LIVING T 24.65 796694 08/28/2024 PRINTED 020320 FH II, LLC 682.10
796695 08/28/2024 PRINTED 023342 FIDELITY NATIONAL TITLE C 324.69 796696 08/28/2024 PRINTED 023326 GONZALEZ, MARIA 44.85
796697 08/28/2024 PRINTED 014296 LAOS, WINSOME 1,500.00 796698 08/28/2024 PRINTED 023336 LIYANAGE, KAPILA 18.28 796699 08/28/2024 PRINTED 023334 LOPEZ, KARLA 91.68
796700 08/28/2024 PRINTED 023331 LOV, LYHENG 28.01
796701 08/28/2024 PRINTED 023321 MELANIE & LOUIS NOLAN REV 69.24 796702 08/28/2024 PRINTED 023333 NEXT LEVEL EQUITY MANAGEM 87.86 796703 08/28/2024 PRINTED 023335 NLPI 2019-1 BORROWER 92.23 796704 08/28/2024 PRINTED 023319 NOLAN, MELANIE A 133.26 796705 08/28/2024 PRINTED 023322 OPENDOOR PROPERTY J LLC 29.63 796706 08/28/2024 PRINTED 023320 OPENDOOR PROPERTY TRUST I 120.00 796707 08/28/2024 PRINTED 023325 ORELLANO, MARTHA C. 74.41 796708 08/28/2024 PRINTED 023327 RODRIGUEZ SANCHEZ, JULIAN 51.81 796709 08/28/2024 PRINTED 023324 SAU, WENDY 38.18
796710 08/28/2024 PRINTED 023339 TITLE FORWARD 30.77
796711 08/28/2024 PRINTED 007943 TK CONSTRUCTION 685.99 796712 08/28/2024 PRINTED 023341 USA NATIONAL TITLE CO 109.76 796713 08/28/2024 PRINTED 023328 VAZQUEZ, FRANCISCO 11.20 796714 08/28/2024 PRINTED 023332 WARD, MARK 46.23
796715 08/28/2024 PRINTED 008621 WRIGHT, ROBERT/JOANN 26.23 796716 08/28/2024 PRINTED 023340 YOUNG, MARTINE 13.90
CITY OF VICTORVILLE
Report generated: 09/04/2024 15:42 Page 7User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
796717 09/04/2024 PRINTED 007859 28TH DISTRICT AGRICULTURA 4,920.00 796718 09/04/2024 PRINTED 018004 CONTINENTAL AMERICAN INSU 1,691.94 796719 09/04/2024 PRINTED 024821 ALPHA OMEGA SEPTIC SERVIC 8,000.00 796720 09/04/2024 PRINTED 017968 AVCOM SERVICES, INC. 45.00 796721 09/04/2024 PRINTED 000290 BATTERY MART OF APPLE VAL 948.32 796722 09/04/2024 PRINTED 010670 BLUE SHIELD OF CALIFORNIA 10,393.12 796723 09/04/2024 PRINTED 017353 BOUND TREE MEDICAL, LLC 2,338.11 796724 09/04/2024 PRINTED 000380 BURRTEC WASTE INDUSTRIES 997.38 796725 09/04/2024 PRINTED 021496 DG INVESTMENT INTERMEDIAT 42,538.00 796726 09/04/2024 PRINTED 014721 CORE & MAIN LP 489.78
796727 09/04/2024 PRINTED 006348 DAILY JOURNAL CORPORATION 442.08 796728 09/04/2024 PRINTED 018020 DIXON PEST CONTROL, INC. 30.00 796729 09/04/2024 PRINTED 002607 FAUST MEDIA SERVICES, LLC 2,876.44 796730 09/04/2024 PRINTED 023137 FIREWORKS & STAGE FX AMER 20,000.00 796731 09/04/2024 PRINTED 022788 GANNETT MEDIA CORP 462.42 796732 09/04/2024 PRINTED 018179 HACH COMPANY 2,163.52
796733 09/04/2024 PRINTED 017053 HIGH DESERT LOCK & SAFE, 99.35 796734 09/04/2024 PRINTED 004021 HIGH DESERT LASER GRAPHIC 186.51 796735 09/04/2024 PRINTED 017037 IDS GROUP, INC 717.30
796736 09/04/2024 PRINTED 018875 KONICA MINOLTA BUSINESS S 277.31 796737 09/04/2024 PRINTED 018875 KONICA MINOLTA BUSINESS S 662.15 796738 09/04/2024 PRINTED 999985 MENDEZ, ISRAEL 200.00
796739 09/04/2024 PRINTED 021856 METROPOLITAN LIFE INSURAN 1,817.00 796740 09/04/2024 PRINTED 999986 NUNEZ, IRMA 90.00
796741 09/04/2024 PRINTED 001648 NAPA AUTO PARTS 1,570.04 796742 09/04/2024 PRINTED 999987 ONNEKIKAMI, DOMINIC 67.00 796743 09/04/2024 PRINTED 023283 PLAYCORE GROUP, INC. & SU 5,900.25 796744 09/04/2024 PRINTED 017946 RAILWORKS TRACK SERVICE L 1,831.00 796745 09/04/2024 PRINTED 003150 ROBERTSON'S 812.48
796746 09/04/2024 PRINTED 002063 SBC FIRE DEPARTMENT 60.00 796747 09/04/2024 PRINTED 002037 SAN BERNARDINO COUNTY 701.00 796748 09/04/2024 PRINTED 002071 SAN BERNARDINO CO SOLID W 284,069.55 796749 09/04/2024 PRINTED 016345 NNN INVESTMENTS INC. 49.75 796750 09/04/2024 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 108,755.56 796751 09/04/2024 PRINTED 024609 STAPLES BUSINESS ADVANTAG 1,475.55 796752 09/04/2024 PRINTED 002204 SOUTHWEST GAS CORPORATION 163,468.10 796753 09/04/2024 PRINTED 022706 RED BARN MEDIA, INC. 1,282.50 349 CHECKS CASH ACCOUNT TOTAL 6,639,968.84 .00
Wires Initiated through Wells Fargo Bank CEO
DATE OF
WIRE ACCOUNT NAME DESCRIPTION AMOUNT WELLS FARGO BANK CONF # 08/22/24
CFD 01-01 Spl Tax Bond, 2002
SerA Principal and Interest payment $ 54,078.75 FED:0822I1B7032R031264 08/22/24
CFD 01-01 Spl Tax Bond, 2005
SerA Principal and Interest payment $ 147,042.50 FED:0822I1B7033R031480 08/22/24 CFD 07-01 Principal and Interest payment $ 114,692.50 FED:0822I1B7032R031196 Total: $ 315,813.75
Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: September 17, 2024
Submitted By:
Carmen Cun, Finance Director / City Treasurer
Subject:
Payroll Demand Schedule No. 1A
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 1A for Payroll Period June 21, 2024, through July 5, 2024, in the amount of $2,418,329.14 covering Check Nos. 34146 and 34163 through 34188, including Vendor checks. Also included are Advice Nos. 315853 through 316417, per adopted budget for Fiscal Year 2024-2025 (period covering July 1, 2024, through June 30, 2025).
Fiscal Impact:
A total fiscal impact of $2,418,329.14 is authorized with this action. The attached report details the payments by check numbers.
Discussion:
I hereby certify that the claims or demands covered by the attached list of warrants have been audited as to the accuracy and availability of funds for payment thereof and that said claims or demands are accurate and the funds are available for payment thereof.
Attachments: A. Payroll Report PPE 070524
Attachment A
Payroll Report PPE 070524
City of Victorville Council Payroll Report Page 1 of 16 08/28/2024 Total Net
($946.62)
$946.62
$371.05
$2,670.84
$4,270.50
$116.54
$951.42
$225.12
$39.38
$155.46
$689.97
$874.29
$334.50
$379.35
$501.03
$946.80
$739.55
$135.90
$5.00
$100.00
$67.00
$50.00
$479.37
$50.00
$28.32
$422.31
$175.00
14,778.70
Checks
Payroll Period Beginning: June 21, 2024 through July 05, 2024 City Council Payroll Report
City of Victorville
Check Number Employee ID Check Date
34164 3466 07/12/2024
34146 3678 06/28/2024
34165 3853 07/12/2024
34166 3908 07/12/2024
34167 3773 07/12/2024
34168 3894 07/12/2024
34169 3902 07/12/2024
34170 3898 07/12/2024
34171 3774 07/12/2024
34172 3892 07/12/2024
34173 3680 07/12/2024
34174 3904 07/12/2024
34175 3658 07/12/2024
34176 3678 07/12/2024
34177 3866 07/12/2024
34178 3910 07/12/2024
34179 3777 07/12/2024
34180 240 07/12/2024
34181 1145 07/12/2024
34182 1182 07/12/2024
1182 07/12/2024
34183 1182 07/12/2024
34184 1182 07/12/2024
Checks Total
34163 3678 07/09/2024
34187 13491 07/12/2024
34188 18154 07/12/2024
34185 1182 07/12/2024
34186
City of Victorville Council Payroll Report Page 2 of 16 08/28/2024 Check Number Employee ID Check Date Total Net
315853 3806 07/02/2024 $584.50
315854 2705 07/08/2024 $61,010.47
315855 1099 07/12/2024 $1,121.31
315856 3758 07/12/2024 $3,430.32
315857 3243 07/12/2024 $4,993.68
315858 2115 07/12/2024 $5,871.64
315859 3142 07/12/2024 $1,782.67
315860 3640 07/12/2024 $1,993.69
315861 3527 07/12/2024 $2,096.90
315862 3297 07/12/2024 $754.67
315863 3551 07/12/2024 $677.43
315864 3458 07/12/2024 $343.38
315865 3229 07/12/2024 $4,753.10
315866 3290 07/12/2024 $2,542.90
315867 1064 07/12/2024 $7,688.12
315868 3809 07/12/2024 $1,753.72
315869 3467 07/12/2024 $2,259.75
315870 3842 07/12/2024 $753.25
315871 1706 07/12/2024 $4,222.52
315872 2395 07/12/2024 $3,882.09
315873 3764 07/12/2024 $2,550.09
315874 2211 07/12/2024 $5,538.59
315875 3849 07/12/2024 $3,912.17
315876 3747 07/12/2024 $2,050.87
315877 3625 07/12/2024 $1,575.74
315878 2624 07/12/2024 $2,919.73
315879 3043 07/12/2024 $2,238.96
315880 3403 07/12/2024 $2,170.67
315881 1748 07/12/2024 $1,955.16
315882 3848 07/12/2024 $1,651.95
315883 3846 07/12/2024 $3,567.70
315884 3019 07/12/2024 $5,022.29
315885 3638 07/12/2024 $4,265.67
315886 3561 07/12/2024 $2,644.00
315887 3630 07/12/2024 $1,973.43
315888 2627 07/12/2024 $2,281.31
315889 2366 07/12/2024 $1,855.42
315890 3750 07/12/2024 $2,169.50
315891 3835 07/12/2024 $2,155.17
315892 3521 07/12/2024 $2,637.27
315893 2093 07/12/2024 $1,621.18
315894 3697 07/12/2024 $4,085.08
315895 1973 07/12/2024 $3,098.60
315896 2019 07/12/2024 $2,458.42
Advices
City of Victorville Council Payroll Report Page 3 of 16 08/28/2024 Check Number Employee ID Check Date Total Net
Advices
315897 3753 07/12/2024 $2,574.75
315898 3841 07/12/2024 $747.22
315899 2102 07/12/2024 $3,337.86
315900 2233 07/12/2024 $2,908.13
315901 3744 07/12/2024 $2,135.35
315902 2606 07/12/2024 $2,300.45
315903 3660 07/12/2024 $1,838.09
315904 3046 07/12/2024 $2,479.48
315905 1635 07/12/2024 $4,074.05
315906 3653 07/12/2024 $2,351.82
315907 3327 07/12/2024 $2,362.92
315908 3847 07/12/2024 $1,842.63
315909 3752 07/12/2024 $2,055.03
315910 3819 07/12/2024 $2,892.82
315911 2618 07/12/2024 $2,122.11
315912 3845 07/12/2024 $3,531.09
315913 2619 07/12/2024 $2,562.09
315914 2603 07/12/2024 $1,793.54
315915 2491 07/12/2024 $2,431.57
315916 2235 07/12/2024 $1,847.58
315917 3754 07/12/2024 $2,458.19
315918 2032 07/12/2024 $3,519.19
315919 3889 07/12/2024 $1,736.31
315920 3045 07/12/2024 $2,518.23
315921 3499 07/12/2024 $2,838.37
315922 3755 07/12/2024 $2,024.15
315923 3875 07/12/2024 $2,346.09
315924 3608 07/12/2024 $4,054.43
315925 3817 07/12/2024 $1,897.46
315926 3362 07/12/2024 $2,193.64
315927 2297 07/12/2024 $2,113.49
315928 2232 07/12/2024 $3,293.55
315929 1957 07/12/2024 $3,222.28
315930 3246 07/12/2024 $3,600.72
315931 3839 07/12/2024 $753.71
315932 2042 07/12/2024 $5,243.06
315933 3714 07/12/2024 $1,977.83
315934 3742 07/12/2024 $1,829.54
315935 3863 07/12/2024 $2,035.20
315936 3879 07/12/2024 $2,058.85
315937 3868 07/12/2024 $2,717.00
315938 3727 07/12/2024 $2,187.66
315939 3865 07/12/2024 $1,888.73
315940 3869 07/12/2024 $1,996.93
315941 3867 07/12/2024 $2,353.48
315942 2323 07/12/2024 $3,518.54
City of Victorville Council Payroll Report Page 4 of 16 08/28/2024 Check Number Employee ID Check Date Total Net
Advices
315943 1767 07/12/2024 $3,145.03
315944 3508 07/12/2024 $2,381.29
315945 3740 07/12/2024 $1,724.11
315946 2225 07/12/2024 $4,303.86
315947 3544 07/12/2024 $2,161.24
315948 3221 07/12/2024 $2,903.40
315949 3627 07/12/2024 $3,002.58
315950 3757 07/12/2024 $3,600.83
315951 1533 07/12/2024 $2,212.64
315952 2833 07/12/2024 $2,344.74
315953 3700 07/12/2024 $2,163.96
315954 3652 07/12/2024 $2,357.41
315955 1426 07/12/2024 $1,116.73
315956 3703 07/12/2024 $2,175.70
315957 2254 07/12/2024 $3,006.65
315958 3618 07/12/2024 $2,212.52
315959 3354 07/12/2024 $3,857.18
315960 3623 07/12/2024 $1,253.92
315961 3400 07/12/2024 $2,513.97
315962 3547 07/12/2024 $1,382.41
315963 3673 07/12/2024 $1,333.52
315964 3702 07/12/2024 $2,120.28
315965 2742 07/12/2024 $2,832.15
315966 3746 07/12/2024 $2,114.57
315967 3089 07/12/2024 $3,216.72
315968 3641 07/12/2024 $2,045.41
315969 3672 07/12/2024 $1,246.06
315970 3854 07/12/2024 $2,498.80
315971 3634 07/12/2024 $2,593.52
315972 3805 07/12/2024 $2,236.73
315973 2249 07/12/2024 $4,999.70
315974 3650 07/12/2024 $1,708.32
315975 3393 07/12/2024 $1,940.17
315976 3876 07/12/2024 $3,000.89
315977 3396 07/12/2024 $2,127.13
315978 3663 07/12/2024 $1,770.76
315979 3541 07/12/2024 $4,006.55
315980 2499 07/12/2024 $4,202.94
315981 3379 07/12/2024 $3,131.66
315982 3694 07/12/2024 $2,971.39
315983 3737 07/12/2024 $2,870.38
315984 2105 07/12/2024 $4,710.01
315985 3474 07/12/2024 $2,993.22
315986 2515 07/12/2024 $3,954.71
315987 3636 07/12/2024 $2,529.00
315988 2679 07/12/2024 $3,401.72
City of Victorville Council Payroll Report Page 5 of 16 08/28/2024 Check Number Employee ID Check Date Total Net
Advices
315989 3490 07/12/2024 $3,047.18
315990 3475 07/12/2024 $2,929.06
315991 2181 07/12/2024 $4,049.50
315992 3353 07/12/2024 $3,261.16
315993 3735 07/12/2024 $3,383.21
315994 3880 07/12/2024 $1,295.23
315995 3542 07/12/2024 $2,944.62
315996 3731 07/12/2024 $5,411.61
315997 1955 07/12/2024 $2,693.52
315998 1632 07/12/2024 $2,449.88
315999 3736 07/12/2024 $2,758.89
316000 3692 07/12/2024 $2,736.12
316001 3147 07/12/2024 $4,010.17
316002 3881 07/12/2024 $1,177.89
316003 3732 07/12/2024 $3,783.72
316004 3148 07/12/2024 $3,085.87
316005 3808 07/12/2024 $4,017.69
316006 3195 07/12/2024 $2,413.15
316007 3884 07/12/2024 $1,268.91
316008 3626 07/12/2024 $2,933.07
316009 3602 07/12/2024 $6,649.45
316010 3112 07/12/2024 $2,520.15
316011 1970 07/12/2024 $2,165.25
316012 3185 07/12/2024 $2,528.92
316013 1520 07/12/2024 $2,698.56
316014 2605 07/12/2024 $2,247.97
316015 3505 07/12/2024 $5,525.68
316016 2540 07/12/2024 $4,575.58
316017 2377 07/12/2024 $2,713.08
316018 1079 07/12/2024 $2,574.19
316019 2259 07/12/2024 $3,859.56
316020 2312 07/12/2024 $2,393.58
316021 3510 07/12/2024 $3,046.84
316022 3637 07/12/2024 $2,669.62
316023 3628 07/12/2024 $2,434.34
316024 3068 07/12/2024 $2,075.32
316025 3633 07/12/2024 $2,983.55
316026 3129 07/12/2024 $3,470.55
316027 3816 07/12/2024 $2,558.35
316028 1998 07/12/2024 $2,852.76
316029 2111 07/12/2024 $2,702.12
316030 3543 07/12/2024 $2,172.79
316031 3303 07/12/2024 $3,996.05
316032 3802 07/12/2024 $2,669.33
316033 3558 07/12/2024 $2,857.07
316034 1655 07/12/2024 $2,973.62
City of Victorville Council Payroll Report Page 6 of 16 08/28/2024 Check Number Employee ID Check Date Total Net
Advices
316035 3285 07/12/2024 $2,563.45
316036 1529 07/12/2024 $1,832.24
316037 3346 07/12/2024 $2,170.38
316038 1776 07/12/2024 $3,110.22
316039 3192 07/12/2024 $2,128.12
316040 3344 07/12/2024 $2,164.62
316041 2655 07/12/2024 $1,969.09
316042 3749 07/12/2024 $1,973.21
316043 2798 07/12/2024 $2,305.22
316044 2522 07/12/2024 $3,433.07
316045 3265 07/12/2024 $2,117.31
316046 2339 07/12/2024 $2,260.65
316047 3878 07/12/2024 $3,368.97
316048 1503 07/12/2024 $3,046.53
316049 2505 07/12/2024 $4,103.57
316050 3113 07/12/2024 $2,270.75
316051 1007 07/12/2024 $11,394.18
316052 3273 07/12/2024 $2,272.34
316053 1497 07/12/2024 $3,320.57
316054 3537 07/12/2024 $2,676.73
316055 2192 07/12/2024 $1,788.50
316056 3513 07/12/2024 $2,278.01
316057 3685 07/12/2024 $1,714.76
316058 2034 07/12/2024 $2,211.95
316059 3380 07/12/2024 $2,430.95
316060 3871 07/12/2024 $2,247.57
316061 3852 07/12/2024 $1,422.22
316062 3051 07/12/2024 $2,366.74
316063 1750 07/12/2024 $2,263.35
316064 2770 07/12/2024 $1,885.29
316065 2228 07/12/2024 $2,794.21
316066 3827 07/12/2024 $3,055.94
316067 3726 07/12/2024 $1,920.92
316068 3748 07/12/2024 $2,364.99
316069 3101 07/12/2024 $2,639.85
316070 3335 07/12/2024 $2,355.52
316071 3284 07/12/2024 $3,656.80
316072 3840 07/12/2024 $2,180.92
316073 3621 07/12/2024 $1,977.94
316074 2248 07/12/2024 $1,946.02
316075 1588 07/12/2024 $2,124.20
316076 3788 07/12/2024 $1,651.15
316077 2189 07/12/2024 $9,898.83
316078 3560 07/12/2024 $2,039.63
316079 3509 07/12/2024 $2,591.67
316080 3226 07/12/2024 $1,927.66
City of Victorville Council Payroll Report Page 7 of 16 08/28/2024 Check Number Employee ID Check Date Total Net
Advices
316081 1121 07/12/2024 $2,463.91
316082 3149 07/12/2024 $3,204.65
316083 1865 07/12/2024 $2,458.95
316084 3479 07/12/2024 $1,772.86
316085 1723 07/12/2024 $1,815.55
316086 3296 07/12/2024 $2,936.21
316087 3707 07/12/2024 $1,951.41
316088 2531 07/12/2024 $3,331.92
316089 1513 07/12/2024 $2,271.24
316090 3283 07/12/2024 $3,272.23
316091 2118 07/12/2024 $1,130.59
316092 3387 07/12/2024 $2,434.04
316093 3330 07/12/2024 $1,830.07
316094 2681 07/12/2024 $3,858.63
316095 1612 07/12/2024 $2,122.90
316096 3610 07/12/2024 $2,115.49
316097 3277 07/12/2024 $1,969.45
316098 3287 07/12/2024 $2,095.08
316099 3037 07/12/2024 $2,199.48
316100 1449 07/12/2024 $3,102.94
316101 2677 07/12/2024 $5,326.96
316102 3688 07/12/2024 $1,697.53
316103 3341 07/12/2024 $2,683.15
316104 1137 07/12/2024 $2,102.86
316105 2383 07/12/2024 $1,942.61
316106 3130 07/12/2024 $1,921.67
316107 2489 07/12/2024 $1,641.30
316108 3733 07/12/2024 $1,279.10
316109 3361 07/12/2024 $2,138.26
316110 3624 07/12/2024 $2,167.23
316111 3139 07/12/2024 $1,689.25
316112 3099 07/12/2024 $2,556.02
316113 2696 07/12/2024 $1,881.14
316114 3536 07/12/2024 $3,520.05
316115 3722 07/12/2024 $2,392.80
316116 1254 07/12/2024 $1,977.00
316117 3187 07/12/2024 $2,340.75
316118 3804 07/12/2024 $2,494.86
316119 2368 07/12/2024 $2,111.49
316120 3532 07/12/2024 $2,386.60
316121 3100 07/12/2024 $3,003.40
316122 3796 07/12/2024 $1,691.19
316123 1338 07/12/2024 $3,998.03
316124 2229 07/12/2024 $1,789.97
316125 1049 07/12/2024 $2,288.22
316126 3586 07/12/2024 $2,123.70
City of Victorville Council Payroll Report Page 8 of 16 08/28/2024 Check Number Employee ID Check Date Total Net
Advices
316127 1506 07/12/2024 $1,981.68
316128 3004 07/12/2024 $2,155.24
316129 1581 07/12/2024 $2,514.25
316130 1932 07/12/2024 $2,196.60
316131 3279 07/12/2024 $2,336.49
316132 2460 07/12/2024 $1,682.36
316133 3874 07/12/2024 $1,839.03
316134 3671 07/12/2024 $2,096.32
316135 2732 07/12/2024 $1,837.73
316136 3338 07/12/2024 $1,664.77
316137 2552 07/12/2024 $2,107.36
316138 2476 07/12/2024 $3,534.83
316139 2279 07/12/2024 $2,754.29
316140 3515 07/12/2024 $5,424.88
316141 3092 07/12/2024 $2,575.18
316142 3836 07/12/2024 $478.76
316143 3138 07/12/2024 $3,058.87
316144 3146 07/12/2024 $3,292.27
316145 2590 07/12/2024 $2,276.71
316146 2748 07/12/2024 $2,353.57
316147 3709 07/12/2024 $2,800.91
316148 2669 07/12/2024 $4,366.25
316149 2623 07/12/2024 $1,994.53
316150 2637 07/12/2024 $2,391.37
316151 2638 07/12/2024 $3,546.82
316152 3803 07/12/2024 $2,058.24
316153 3109 07/12/2024 $3,338.62
316154 2671 07/12/2024 $3,645.84
316155 2593 07/12/2024 $2,684.14
316156 3328 07/12/2024 $2,459.66
316157 3461 07/12/2024 $1,993.37
316158 2626 07/12/2024 $1,719.97
316159 3038 07/12/2024 $2,860.03
316160 3052 07/12/2024 $2,406.05
316161 2290 07/12/2024 $1,955.84
316162 3716 07/12/2024 $1,920.17
316163 3110 07/12/2024 $4,241.83
316164 2641 07/12/2024 $1,883.07
316165 2612 07/12/2024 $2,957.27
316166 3698 07/12/2024 $1,507.01
316167 2642 07/12/2024 $3,176.92
316168 3705 07/12/2024 $2,000.05
316169 3331 07/12/2024 $1,523.67
316170 2674 07/12/2024 $2,306.86
316171 3231 07/12/2024 $2,482.85
316172 3228 07/12/2024 $2,722.01
City of Victorville Council Payroll Report Page 9 of 16 08/28/2024 Check Number Employee ID Check Date Total Net
Advices
316173 2628 07/12/2024 $2,585.04
316174 3301 07/12/2024 $1,768.16
316175 2630 07/12/2024 $4,264.27
316176 3182 07/12/2024 $2,762.16
316177 2599 07/12/2024 $2,210.22
316178 2683 07/12/2024 $2,152.25
316179 2753 07/12/2024 $2,310.17
316180 2610 07/12/2024 $2,807.31
316181 3323 07/12/2024 $1,846.82
316182 1389 07/12/2024 $2,421.55
316183 2808 07/12/2024 $2,455.07
316184 2646 07/12/2024 $3,370.36
316185 3617 07/12/2024 $2,452.52
316186 2600 07/12/2024 $2,610.51
316187 2524 07/12/2024 $2,778.51
316188 2686 07/12/2024 $2,322.81
316189 2193 07/12/2024 $2,210.45
316190 3322 07/12/2024 $3,511.25
316191 3629 07/12/2024 $2,666.55
316192 3230 07/12/2024 $3,301.59
316193 1931 07/12/2024 $2,595.38
316194 2038 07/12/2024 $1,639.21
316195 2678 07/12/2024 $4,353.01
316196 3240 07/12/2024 $3,621.34
316197 3743 07/12/2024 $1,879.49
316198 3215 07/12/2024 $2,776.46
316199 3140 07/12/2024 $2,134.93
316200 3035 07/12/2024 $3,047.98
316201 3907 07/12/2024 $282.60
316202 3477 07/12/2024 $788.03
316203 3651 07/12/2024 $2,283.29
316204 3769 07/12/2024 $611.06
316205 3299 07/12/2024 $1,891.88
316206 3765 07/12/2024 $487.35
316207 3893 07/12/2024 $382.16
316208 1853 07/12/2024 $2,854.77
316209 3729 07/12/2024 $1,674.76
316210 2343 07/12/2024 $1,378.96
316211 3821 07/12/2024 $1,249.99
316212 3497 07/12/2024 $1,784.44
316213 3503 07/12/2024 $2,858.02
316214 3105 07/12/2024 $1,859.16
316215 3676 07/12/2024 $77.39
316216 3890 07/12/2024 $783.40
316217 3579 07/12/2024 $626.44
316218 3386 07/12/2024 $2,574.87
City of Victorville Council Payroll Report Page 10 of 16 08/28/2024 Check Number Employee ID Check Date Total Net
Advices
316219 3191 07/12/2024 $2,527.89
316220 3792 07/12/2024 $993.88
316221 2488 07/12/2024 $930.63
316222 3496 07/12/2024 $1,452.55
316223 3120 07/12/2024 $1,024.86
316224 3778 07/12/2024 $284.30
316225 3482 07/12/2024 $1,970.78
316226 3502 07/12/2024 $2,405.37
316227 3611 07/12/2024 $1,264.83
316228 3724 07/12/2024 $1,253.92
316229 3011 07/12/2024 $2,634.20
316230 3768 07/12/2024 $116.09
316231 3580 07/12/2024 $969.92
316232 3905 07/12/2024 $50.76
316233 3873 07/12/2024 $2,265.26
316234 3270 07/12/2024 $2,223.59
316235 3263 07/12/2024 $2,165.95
316236 3622 07/12/2024 $1,117.57
316237 3795 07/12/2024 $1,367.09
316238 3252 07/12/2024 $2,683.14
316239 3295 07/12/2024 $1,940.08
316240 3257 07/12/2024 $2,729.74
316241 3184 07/12/2024 $3,798.54
316242 3780 07/12/2024 $253.01
316243 3070 07/12/2024 $2,171.11
316244 3657 07/12/2024 $960.13
316245 3689 07/12/2024 $1,952.89
316246 3288 07/12/2024 $1,794.43
316247 3767 07/12/2024 $211.24
316248 1866 07/12/2024 $2,767.95
316249 3791 07/12/2024 $1,181.81
316250 3572 07/12/2024 $1,362.07
316251 3664 07/12/2024 $426.34
316252 3772 07/12/2024 $348.95
316253 3766 07/12/2024 $714.18
316254 3822 07/12/2024 $1,249.99
316255 1282 07/12/2024 $2,282.01
316256 3717 07/12/2024 $15.47
316257 3481 07/12/2024 $2,221.13
316258 2379 07/12/2024 $2,091.05
316259 3655 07/12/2024 $964.54
316260 3813 07/12/2024 $701.57
316261 3656 07/12/2024 $898.35
316262 3787 07/12/2024 $538.77
316263 3789 07/12/2024 $4,484.31
316264 3793 07/12/2024 $1,249.99
City of Victorville Council Payroll Report Page 11 of 16 08/28/2024 Check Number Employee ID Check Date Total Net
Advices
316265 3687 07/12/2024 $1,249.99
316266 3903 07/12/2024 $19.35
316267 3783 07/12/2024 $1,094.60
316268 3575 07/12/2024 $1,437.11
316269 3775 07/12/2024 $388.44
316270 2478 07/12/2024 $1,049.66
316271 3882 07/12/2024 $1,249.99
316272 1287 07/12/2024 $3,302.18
316273 3779 07/12/2024 $282.83
316274 3667 07/12/2024 $15.47
316275 2711 07/12/2024 $1,615.45
316276 3900 07/12/2024 $440.23
316277 3798 07/12/2024 $1,049.15
316278 3258 07/12/2024 $2,315.01
316279 3259 07/12/2024 $1,850.12
316280 3573 07/12/2024 $1,814.47
316281 3507 07/12/2024 $2,329.49
316282 3790 07/12/2024 $1,227.19
316283 3906 07/12/2024 $225.12
316284 3531 07/12/2024 $4,200.95
316285 3897 07/12/2024 $39.38
316286 3814 07/12/2024 $1,018.97
316287 3665 07/12/2024 $15.47
316288 3639 07/12/2024 $1,697.75
316289 3895 07/12/2024 $239.23
316290 3587 07/12/2024 $960.13
316291 3901 07/12/2024 $50.76
316292 3669 07/12/2024 $640.79
316293 3029 07/12/2024 $1,910.34
316294 3782 07/12/2024 $584.63
316295 3190 07/12/2024 $2,977.22
316296 1959 07/12/2024 $3,180.09
316297 3250 07/12/2024 $1,796.34
316298 3824 07/12/2024 $1,249.99
316299 3812 07/12/2024 $960.13
316300 3609 07/12/2024 $1,136.87
316301 3770 07/12/2024 $373.65
316302 3794 07/12/2024 $1,249.99
316303 3492 07/12/2024 $84.67
316304 3691 07/12/2024 $960.13
316305 3725 07/12/2024 $912.67
316306 3576 07/12/2024 $1,136.87
316307 3647 07/12/2024 $237.18
316308 3566 07/12/2024 $468.12
316309 3891 07/12/2024 $770.85
316310 3511 07/12/2024 $2,155.74
City of Victorville Council Payroll Report Page 12 of 16 08/28/2024 Check Number Employee ID Check Date Total Net
Advices
316311 3823 07/12/2024 $1,249.99
316312 3368 07/12/2024 $2,109.02
316313 2006 07/12/2024 $2,557.39
316314 3761 07/12/2024 $3,179.70
316315 2684 07/12/2024 $1,386.76
316316 3079 07/12/2024 $1,831.43
316317 1966 07/12/2024 $2,665.11
316318 3844 07/12/2024 $2,252.04
316319 3388 07/12/2024 $2,574.84
316320 2355 07/12/2024 $2,319.15
316321 3696 07/12/2024 $2,695.97
316322 3500 07/12/2024 $3,590.59
316323 3620 07/12/2024 $1,896.77
316324 3654 07/12/2024 $1,837.59
316325 2039 07/12/2024 $1,868.80
316326 3838 07/12/2024 $899.37
316327 3281 07/12/2024 $2,271.04
316328 3550 07/12/2024 $3,056.36
316329 3348 07/12/2024 $1,903.14
316330 3862 07/12/2024 $1,662.69
316331 3807 07/12/2024 $2,354.88
316332 3081 07/12/2024 $2,161.83
316333 3523 07/12/2024 $4,394.01
316334 3271 07/12/2024 $2,270.78
316335 3017 07/12/2024 $5,140.50
316336 3883 07/12/2024 $1,324.65
316337 3512 07/12/2024 $2,551.51
316338 2027 07/12/2024 $1,115.03
316339 2330 07/12/2024 $3,376.70
316340 2795 07/12/2024 $797.39
316341 3888 07/12/2024 $2,026.37
316342 3437 07/12/2024 $4,509.54
316343 3421 07/12/2024 $3,653.51
316344 3439 07/12/2024 $2,687.01
316345 3440 07/12/2024 $5,417.85
316346 3441 07/12/2024 $5,401.57
316347 3473 07/12/2024 $6,941.67
316348 3820 07/12/2024 $3,587.39
316349 3406 07/12/2024 $7,958.80
316350 3422 07/12/2024 $4,682.67
316351 3442 07/12/2024 $5,217.28
316352 3433 07/12/2024 $5,928.25
316353 3469 07/12/2024 $3,464.07
316354 3424 07/12/2024 $8,596.83
316355 3414 07/12/2024 $6,445.73
316356 3704 07/12/2024 $6,620.67
City of Victorville Council Payroll Report Page 13 of 16 08/28/2024 Check Number Employee ID Check Date Total Net
Advices
316357 3734 07/12/2024 $5,697.24
316358 3832 07/12/2024 $7,093.80
316359 3799 07/12/2024 $2,999.55
316360 3886 07/12/2024 $2,850.95
316361 3443 07/12/2024 $7,625.28
316362 3600 07/12/2024 $4,810.60
316363 3711 07/12/2024 $3,461.99
316364 3715 07/12/2024 $1,526.90
316365 3444 07/12/2024 $3,674.83
316366 3583 07/12/2024 $2,592.11
316367 3594 07/12/2024 $3,581.83
316368 1718 07/12/2024 $1,175.89
316369 3409 07/12/2024 $4,875.67
316370 3856 07/12/2024 $1,946.16
316371 3426 07/12/2024 $7,134.61
316372 3860 07/12/2024 $1,890.85
316373 3642 07/12/2024 $4,014.97
316374 3584 07/12/2024 $3,025.80
316375 3538 07/12/2024 $2,079.75
316376 3410 07/12/2024 $3,792.78
316377 3828 07/12/2024 $5,192.29
316378 3447 07/12/2024 $4,163.74
316379 3427 07/12/2024 $6,115.07
316380 3411 07/12/2024 $7,214.83
316381 3448 07/12/2024 $2,643.30
316382 3719 07/12/2024 $1,881.40
316383 3833 07/12/2024 $8,489.07
316384 3518 07/12/2024 $2,055.16
316385 3449 07/12/2024 $5,620.37
316386 3428 07/12/2024 $2,933.13
316387 3858 07/12/2024 $3,008.33
316388 3429 07/12/2024 $2,434.07
316389 3455 07/12/2024 $3,403.85
316390 3451 07/12/2024 $6,728.48
316391 3712 07/12/2024 $2,920.64
316392 3595 07/12/2024 $3,649.86
316393 3430 07/12/2024 $2,995.05
316394 3452 07/12/2024 $5,885.83
316395 3417 07/12/2024 $3,059.60
316396 3085 07/12/2024 $2,241.06
316397 3431 07/12/2024 $3,151.90
316398 3242 07/12/2024 $2,948.69
316399 3857 07/12/2024 $3,534.18
316400 3419 07/12/2024 $5,989.12
316401 3524 07/12/2024 $7,000.92
316402 3412 07/12/2024 $4,663.52
City of Victorville Council Payroll Report Page 14 of 16 08/28/2024 Check Number Employee ID Check Date Total Net
Advices
316403 3829 07/12/2024 $5,589.80
316404 3420 07/12/2024 $3,489.83
316405 3435 07/12/2024 $10,054.21
316406 3800 07/12/2024 $4,859.36
316407 3432 07/12/2024 $3,534.13
316408 3408 07/12/2024 $3,884.43
316409 3456 07/12/2024 $4,747.99
316410 3859 07/12/2024 $2,948.92
316411 3763 07/12/2024 $6,395.36
316412 3591 07/12/2024 $5,647.88
316413 3392 07/12/2024 $10,266.97
316414 3855 07/12/2024 $3,306.09
316415 3831 07/12/2024 $4,393.61
316416 3434 07/12/2024 $2,994.59
316417 3836 07/12/2024 $505.55
Advices Total 1,539,334.50
City of Victorville Council Payroll Report Page 15 of 16 08/28/2024 Check Date Total Gross
IRS 07/02/24 $22.33
IRS 07/08/24 $37,116.89
IRS 07/12/24 $252,863.78
State Taxes 07/08/24 $7,278.94
State Taxes 07/15/24 $75,662.20
CASDU 07/12/24 $3,882.63
Deferred Comp (457) 07/03/24 $48.44
Deferred Comp (457) 07/09/24 $18,500.00
Deferred Comp (457) 07/15/24 $90,617.52
Deferred Comp (401a) 07/15/24 $304.17
PERS 07/23/24 $370,566.04
Confidential Garnishment 07/11/24 $423.00
VV Firefighter's Union 07/11/24 $6,930.00
Electronic Vendor Payments Total 864,215.94
Electronic Vendor Payments
Vendor
City of Victorville Council Payroll Report Page 16 of 16 08/28/2024 Item Number: 7
Board of Directors
Consent Calendar
Meeting of: September 17, 2024
Submitted By:
C. Eric Ray, Airport Director
Subject:
Notice of Completion for Building 686 Interior Renovations, Project #CC24-061 Recommendation:
That the Southern California Logistics Airport Authority (“SCLAA”) Board of Directors:
(1) Approve the Notice of Completion for Building 686 Interior Renovations, Project #CC24-061; and
(2) Authorize the Executive Director to execute the Notice of Completion.
Fiscal Impact:
This action will result in a fiscal impact of $19,280. A retention of five percent was withheld from each pay estimate during construction as per the construction agreement. Upon Board approval of the Notice of Completion (“NOC”), the retention of $19,280 will be released thirty-five days after the NOC is recorded. Retention funds related to the Building 686 Interior Renovations portion of the rehabilitation of Building 686 are available as follows:
Funding Source Budget FY 2024-2025
450-20110-95122 BLDG 686 Retention $19,280
Strategic Plan Goal:
Goal A. Financial Stability: This Project involved the rehabilitation of the interior of a building that will become a revenue generating asset for the Airport.
Background:
Building 686 was built in 1959 as a jet engine maintenance facility, comprising of approximately 59,000 square feet of high ceiling interior space. It has remained vacant since the closure of George Air Force Base in 1992. Building 686 is located near multiple large hangars with active aviation maintenance ramps. The proximity to existing occupied 3 7
9 9
aviation facilities, the plentiful ceiling height, and the overall size and design of Building 686 make it an ideal space for tenants to store aviation related equipment and parts and perform certain “back shop” maintenance.
Building 686 contained several bathrooms, office spaces, and special purpose work areas designed specifically for military jet engine repairs. The wear and tear from daily use by numerous mechanics in days gone by and the then roughly 30 years without occupancy left the interior spaces in need of renovation. The leaky roof on Building 686 significantly accelerated the deterioration in certain areas. The roof leaks have been remedied through Project CC24-013, Building 686 Roof Replacement, that the SCLAA Board of Directors approved on September 19, 2023. Furthermore, the interior office and bathroom spaces of Building 686 were not ADA compliant, did not contain modern lighting or sufficient electrical and communications wiring, and the plumbing systems had fallen into disrepair.
Staff have been approached by existing tenants requesting additional storage space near their large hangar operations and Building 686 is an ideal candidate to fulfill that market- driven need. Staff determined that the renovation and conversion of Building 686 from an abandoned fighter jet maintenance facility to a warehouse is the highest and best use for this building.
On April 02, 2024, following a formal solicitation process, the SCLAA Board of Directors approved the award of a construction contract to Bob Walters Jr. Construction Inc., for Building 686 Interior Renovations Project #CC24-061, in the amount not to exceed $385,600. Construction commenced immediately following the issuance of the Notice to Proceed on May 06, 2024.
Discussion:
The conversion of Building 686 from an abandoned maintenance facility to a warehouse necessitated the demolition of approximately 7,000 sq. ft. of redundant interior offices, bathrooms, and special purpose spaces. The spaces that were demolished had outlived their purpose and were tying up valuable square footage that was not congruent with a warehouse or “back shop” environment. The remaining office spaces and bathrooms were renovated to modern standards to provide the appropriate accommodation needed to repurpose the building.
Interior non-load bearing concrete masonry walls, one of which measured 12 feet tall by 121 feet long, were also demolished, with the rubble being stored at the Airport to be recycled for future Airport projects as foundation base material. The removal of several obsolete large interior walls allows access to additional warehouse space, making the property more valuable to the end users.
The Project was substantially completed on August 23, 2024, and inspected to the satisfaction of staff. The Project was completed on budget for a total cost of $385,600.
It is now the desire of staff to issue the Notice of Completion. Upon execution, the NOC 3 7
9 9
will be filed with the San Bernardino County Recorder’s office to offer an opportunity for sub-contractors to make a claim for any work performed that remains unpaid. Thirty-five days after the NOC filing, should no claims be made, the SCLA will release payment of the retention currently held and owed to Bob Walters Jr. Construction Inc.
Therefore, staff recommends that the SCLAA Board of Directors approve the issuance of the Notice of Completion for Project #CC24-061 and authorize the Executive Director to execute said Notice of Completion.
Staff remains available for any questions or comments you may have.
CER/see
Attachments: A. Site Map
B. Notice of Completion
C. Construction Photos
ATTACHMENT A
SITE MAP
ATTACHMENT B
NOTICE OF COMPLETION
RECORDING REQUESTED BY:
SISCO ELEKANA FOR CITY OF VICTORVILLE
AND WHEN RECORDED MAIL TO:
NAME CITY OF VICTORVILLE
STREET ATTN: CITY CLERK
ADDRESS P.O. BOX 5001
CITY, STATE & VICTORVILLE CA 92392-5001
ZIP CODE
Recording of this document is fee-exempt under Government Code Section SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY 6103. No Documentary Transfer Tax is due on the document pursuant to Revenue Taxation code Section 11922.
APN# 0459-194-21-0000 NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
The undersigned is OWNER or AGENT OF THE OWNER of the interest or estate stated below in the property hereinafter described.
The full NAME of the OWNER is SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY The ADDRESS of the OWNER is 18374 PHANTOM WEST, VICTORVILLE, CA 92394 The NATURE OF THE INTEREST or estate of the undersigned is FEE (e.g. fee, leasehold, joint tenancy, vendee under a contract of purchase, etc.) The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:
Name Address
NONE NONE
The full name(s) and address(es) of the successor(s) in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:
Name Address
NONE NONE
A work of improvement on the property hereinafter described was COMPLETED on AUGUST 14, 2024 The work of improvement completed is described as BUILDING 686 INTERIOR RENOVATIONS, PROJECT CC24-061
The name of the original contractor, if any, for such work of improvement was:
BOB WALTERS JR. CONSTRUCTION INC.
The property on which said work of improvement was completed is in the City of VICTORVILLE County of SAN BERNARDINO , State of California, and is DESCRIBED AS FOLLOWS:
BUILDING 686 INTERIOR RENOVATIONS, PROJECT CC24-061 APN# 0459-194-21-0000
The street address of said property is 12985 AEROSPACE DRIVE, VICTORVILLE, CA, 92394 (if applicable)
Dated:
Keith C. Metzler, Executive Director, Southern California Logistics Airport Authority I, KEITH C. METZLER am the EXECUTIVE DIRECTOR
(Name of below signor) (Owner, President, Authorized Agent, Partner, etc.) the declarant of the foregoing Notice of Completion. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
VICTORVILLE
(Date and Place) Keith C. Metzler, Executive Director, Southern California Logistics Airport Authority
ATTACHMENT C
CONSTRUCTION PHOTOS
BUILDING 686 INTERIOR - OFFICES REMOVED
BUILDING 686 INTERIOR - SPECIAL PURPOSE ROOM REMOVED
BUILDING 686 INTERIOR - CONSTRUCTED NEW BATHROOMS
BUILDING 686 INTERIOR - CONCRETE MASONRY WALL REMOVED
Item Number: 8
City Council / Board of Directors
Written Communications
Meeting of: September 17, 2024
Submitted By:
Robert Clemmer, Fire Chief
Subject:
Award of a Construction Agreement for the Fire Station Bay Door Project Recommendation:
That the Honorable City Council award a construction agreement to Precision Garage Doors & Gates in the amount of $184,342 for the Fire Station Bay Door Project.
Fiscal Impact:
The recommended action will result in a fiscal impact of $184,342. This project was included in the Fiscal Year 2024-2025 budget and no additional appropriations are required. The project will be funded from the following accounts:
Account Account No. Amount
BAY DOOR 311 & 313 1002010-55060-96088 $159,623
FIRE/EMG SVC-BLDG MAINT 1002010-52410 $24,719
Total: $184,342
Strategic Plan Goal:
This item aligns with Goal E – Create a healthy and livable community by maintaining the City’s assets through investment in infrastructure and innovations.
Background:
Due to the number of calls the Fire Department receives, the fire station bay doors are heavily used. As a result of their use and age, the bay doors at stations 311, 312, and 313 have had numerous maintenance and malfunction issues over the last two years.
The bay doors need to function properly to prevent our engines’ response times from being delayed. In total, 11 bay doors need replacing, which will reduce future maintenance and malfunction issues. The location and quantity of the doors are listed below:
3 7
8 4
Station: Location: Bay Doors to be Replaced:
311 16200 Desert Knoll Drive 6
312 15182 El Evado Road 1
313 13086 Amethyst Road 4
Fire Stations 311, 312, and 313 are the City’s busiest stations and respond to a higher percentage of overall calls due to the fleet they house at their locations. The following percentages reflect the call volume per station within the last 12 months (July 2023 to June 2024).
Discussion:
The Fire Department is seeking approval, in collaboration with the Community Services Department, to award a construction agreement to Precision Garage Doors & Gates in the amount of $184,342 to replace 11 bay doors at Fire Stations 311, 312, and 313. To comply with the bidding process per Victorville Municipal Code Section 2.28.100, the project was advertised on June 26, 2024, in the Daily Press and closed on July 15, 2024, at 2:30pm. A mandatory job walk was held on July 2, 2024, in which eight companies attended. Five bids were received from those who attended the job walk:
Contractor Bid Amount
Precision Garage Doors & Gates $184,342
National Garage Door $205,465
A Door Company $229,000
Inland Overhead Door Company $324,000
McKendry Door Sales Inc. $469,500
FS311
41%
FS312
21%
FS313
17%
FS314
12%
FS315
9%
LAST 12-MONTHS
PERCENTAGE OF CALL VOLUME BY FIRE STATION
3 7
8 4
Staff from the Fire Department and Community Services Department has reviewed the proposals and recommend proceeding with awarding the contract to the lowest bidder, Precision Garage Doors & Gates. If the contract is awarded, we anticipate the new bay doors to be installed within a two-month period. The bay doors at Fire Stations 311 and 313 will be installed in the color red to achieve a more traditional firehouse look, and the bay door at Fire Station 312 will match the color of the existing bay doors.
Staff remains available to answer any questions the Council may have.
Attachments: A. Construction Agreement
B. Fire Station Pictures
Attachment A
Construction
Agreement
1 Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049
CONSTRUCTION AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
PRECISION GARAGE DOORS & GATES, INC.
FOR
FIRE STATION 311, 312, & 313 BAY DOOR REPLACEMENTS AND
MOTORS, PROJECT JM24-049
THIS CONSTRUCTION AGREEMENT (the “Agreement”) dated this _______ day of ______________, 2024, for reference purpose only, is made and entered into by and between the City of Victorville, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and Precision Garage Doors & Gates, Inc ., a California corporation, hereinafter referred to as the “Contractor”. The City and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the City requires Fire Station 311, 312 & 313 Bay Door Replacements and Motors, Project JM24-049 (the Project); and
WHEREAS, in light of the facts set forth above, the City desires to retain Contractor in connection with Fire Station 311, 312 & 313 Bay Door Replacements and Motors; and
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein.
Section 2. TERM OF AGREEMENT
This Agreement shall commence within Fifteen ( 15) Calendar Days after issuance of Notice to Proceed (the “Commencement Date”) and shall terminate upon completion of the Project Sixty (60) Calendar Days after Commencement Date (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 3 below.
Section 3. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of s uch termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this 2 Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049
Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
Section 4. CONTRACT DOCUMENTS; PRIORITY
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference .
Said Contact Documents are intended to be correlative and constitute Contractor’s performance obligations:
1. This Agreement.
2. Exhibits A & B.
3. Notice Inviting Bids for the Project.
4. Specifications for the Project.
5. Special Provisions.
6. Faithful Performance and Payment Bond.
7. Non-Collusion Declaration.
8. Guaranty.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection 4.a above shall control.
Section 5. CONTRACTOR’S OBLIGATIONS
Contractor shall complete the Project as specifically set forth in the Contract Documents.
Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.
Section 6. COMPENSATION
The Contractor agrees to receive and accept the following amount, not to exceed One Hundred Eighty -four Thousand Three Hundred Forty -two and 00/100 Dollars ($184,342.00), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficult ies or obstructions which may arise or be encountered in the execution of the work until its acceptance by the City, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the agreement documents and to the satisfaction of Donna Meester, Director of Community Services, or her designee, to wit: See Exhibit “A”, Scope of Work.
3 Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049
Section 7. BID PROPOSAL FORMS
The City shall pay Contractor as provided in the Bid Proposal Forms, attached hereto as Exhibit “B”, and incorporated herein by this reference as though set forth in full, subject to approval of the City, when applicable.
Section 8. PREVAILING WAGES
a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the City has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Project is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at http://www.dir.ca.gov/DLSR/PWD. Contractor and its subcontractors shall pay not less than said specified prevailing rate of per diem wages to all workers employed by them in the performance of any work under this Agreement which constitutes “public works” or “public work”, including without limitation, Fire Station 311, 312 & 313 Bay Door Replacements and Motors , and any other work or services described in or encompassed by California Labor Code (“ Labor Code”) Sections 1720 through 1720.9, 1771, and 1772. Contractor shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage, or compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq.; Labor Code Section 1810 et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws.
b. Designation as Contractor Not Determinative. For purposes of this Agreement, Contractor and its subcontractors shall be subject to and shall comply with all provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a Contractor.
c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Section and the terms of Exhibit “A” or Exhibit “B” of this Agreement, the provisions of this Section shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Scope of Services, scope of work, bid proposal, cost proposal, and/or fee schedule which conflict with the provisions of this Section.
d. Payroll Records . Contractor and its subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “ Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
(1) Contractor and Subcontractor Obligations. Contractor and each subcontractor must keep accurate payroll records, showing the name, address, social security number, 4 Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049
work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(a) The information contained in the payroll record is true and correct; and
(b) Contractor or subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project.
(2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to the City , to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(3) Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Contractor or subcontractor has ten days in which to comply with the requirements of this section. If Contractor or subcontractor fails to do so within the ten- day period, Contractor or subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.
(4) Payment of Invoices . Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the City .
Payment of the invoice may be delayed when payroll -related documents and/or lien releases are not included with the invoice.
e. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
f. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation.
g. Other Labor Requirements . Contractor has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor shall require the same of all its subcontractors.
h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows:
(1) Pursuant to Labor Code section 1775, the Contractor and any subcontractor under it shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the 5 Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049
prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
(2) Pursuant to Labor Code Section 1813, Contractor or subcontractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.
i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, the Agreement for this Project is subject to compliance monitoring and enforcement by the DIR.
j. DIR Registration . Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration of the Project.
Section 9. W ORKERS’ COMPENSATION INSURANCE
Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
Section 10. NOTICE TO PROCEED
No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City.
Contractor shall commence work pursuant to the Contract Documents as directed by the City in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.
6 Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049
Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.
Section 12. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY
INSURANCE
Contractor shall procure and maintain at its own expense, during the term of this Agreement, com mercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.
Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.
Section 13. COURSE OF CONSTRUCTION/INLAND MARINE INSURANCE
Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom it performing any work under this agreement shall purchase, and maintain insurance to the full contract and insurable value thereof commonly referred to as a Course of Construction, Builders’ Risk, or an Inland Marine policy that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Contractor, which is to become part of the work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the project from such temporary locations. Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom is performing any work under this agreement shall also be responsible for insuring their owned, leased/rented or borrowed equipment. Insurance should also include a Loss Payee, and a Waiver of Subrogation Endorsement(s) in favor of the City of Victorville.
Section 14. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds.
7 Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049
Section 15. WAIVER OF SUBROGATION RIGHTS
Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO
COMMENCEMENT OF SERVICES
a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the City Clerk certificates of said insurance at least one (1) day prior to the commencement of any services to be performed under this Agreement.
b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non -payment, ten (10) days’ advance written notice shall be given.
c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement.
e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.”
Section 17. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 18. INDEMNIFICATION
Notwithstanding the limits of any insurance, Contractor shall indemnify the City, its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or 8 Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049
liabilities arising or alleged to arise from the negligence or willful misconduct of the City its officials, officers, agents, volunteers or employees, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b. Contractor will promptly pay any judgment rendered against the City, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officials, volunteers, officers, agents, and employees harmless there from;
c. In the event the City, its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negli gent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;
The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
Section 19. REPORTS
Upon request by Donna Meester, Director of Community Services, or her designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.
Section 20. RECORDS
a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Donna Meester, Director of Community Services, or her designee, to evaluate the cost and the performance of such services.
9 Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles . Donna Meester, Director of Community Services, or her designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
c. Donna Meester, Director of Community Services, or her designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to Donna Meester, Director of Community Services , or her designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 21. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Agreement.
b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement and the Contract Documents.
c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
Section 23. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibit “ B” the terms of this Construction Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Construction Agreement.
10 Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049
Section 24. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the City: Donna Meester, Director of Community Services, Community Services
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Contractor: Lisa Price, Treasurer
Precision Garage Doors & Gates, Inc.
7348 Fox Trail
Yucca Valley, CA 92284
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 25. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 26. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Agreement and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.
Section 27. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor.
11 Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049
Section 28. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 29. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 30. GENDER; PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 31. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 32. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 33. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 34. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 35. ATTORNEY'S FEES
Should any litigation, specifically including but not limited to, arbitration and other non- judicial resolution of disputes be commenced between the Parties to this agreement concerning this agreement or the rights and duties of either i n relation thereto, the Parties prevailing in such 12 Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049
litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.
Section 36. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Contractor , approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.
Section 37. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 38. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
Section 39. CARB COMPLIANCE OBLIGATIONS
a. CARB Regulations. Contractor is aware of the California Air Resources Board (“CARB”) regulations mandating various emission reduction requirements. Service Provider agrees to comply with all applicable CARB regulations (Title 13, Division 3 of the California Code of Regulations (“CCR”) prior to commencing any work hereunder and maintain compliance throughout the duration of this Agreement.
(1) Vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to CARB’s Advanced Clean Fleets regulations. Such vehicles may therefore be subject to r equirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets (ACF) webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean- fleets.
(2) Effective January 1, 2024, CARB implemented amendments to the In- Use Off- Road Diesel -Fueled Fleets Regulation (13 CCR Section 2449 et seq., the “Off- Road Regulation”) which apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California (including any vehicles or equipment that is rented or leased). The Off -Road Regulation is available at:
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf.
b. Contractor must comply with all CARB regulations and requirements, including without limitation, all applicable sections of the Off -Road Regulation (as codified in 13 CCR Section 2449 et seq.) throughout the term of the Project and this Agreement. Contractor shall 13 Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049
be solely liable for all costs associated with complying with the regulations, as well as for any and all penalties, fines, damages, or costs associated with violations or failures to comply with the regulations. Contractor shall defend, indemnify, and hold harmless the City of Victorville, its elected and appointed officials, officers, agents, and employees from and against any and all claims, liabilities, costs, penalties, interest, or other damages arising out of Contractor’s failure or alleged failure to comply with CARB regulations.
(END OF THIS PAGE)
14 Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE PRECISION GARAGE DOORS & GATES, INC.
By: ______________________________ By: _____________________________ Elizabeth Becerra, Lisa Price, Treasurer
Mayor
Dated: ___________________________ Dated: __________________________
ATTEST
By: _______________________________
Jennifer Thompson,
City Clerk
Dated: ____________________________
By: ______________________________
Sandra Bostick,
Risk Manager
Dated: ___________________________
APPROVED AS TO STANDARD FORM:
By: ______________________________
Andre de Bortnowsky,
City Attorney
Dated: ___________________________
15 Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049
EXHIBIT A
SCOPE OF WORK
C ity agrees to engage C ontractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and do the Work for the Project. The Work shall be performed as generally described in the Request for Bid, Project Number JM24-049, for the Project, portions of which are attached hereto for ease of reference as Exhibit "A" , and the entirety of which is currently on file in office of the City Clerk ); (ii) the prices set forth in C ontractor’s Bid Proposal (attached as Exhibit "B").
JM24-049 FIRE STATIONS 311, 312, & 313 BAY DOOR REPLACEMENTS AND MOTORS
CITY OF VICTORVILLE
JM24-049 FIRE STATIONS 311, 312, & 313 BAY DOOR REPLACEMENTS AND MOTORS
SECTION C
SCOPE OF WORK
Qualified contractor shall remove and haul away existing bay doors, and replace eleven (11) new bay roll-u p doors at three (3) different fire stations. The Contractor shall replace six (6) bay doors at Fire Station 311, four (4) bay doors at Fire Station 313, and one (1) bay door at Fire Station 312 including their respective c ommercial openers. All bay doors shall be furnished in red, with the exception, of the bay door at Fire Station 312. This bay door shall be furnished to match existing doors.
The Contractor shall coordinate with the on- duty Fire Captain at each Fire Station regarding workspace and any special protocols , as the station will continue to operate as normal. The Contractor shall comply with all OSHA requirements and safety requirements associated with the work within this contract.
Fire Station 311 (16200 Desert Knoll Drive, Victorville) Cur
rent six (6) bay door specifications:
• Si
ngle bay door dimensions: 14’ W x 14’ H
• Each door is comprised of seven (7) sections.
• Each door has one (1) section of windows.
• Each door is operated by a commercial LiftMaster trolley.
Fire Station 312 (15182 El Evado Road, Victorville)
One
(1) bay door specification:
• Si
ngle bay door dimensions: 14’ W x 14’ H
• The bay door is 22 GA/24 GA flat slats with malleable steel end locks with a rolled formed hood.
• Door has a commercial LiftMaster hoist opener.
Fire Station 313 (13086 Amethyst Road, Victorville)
Cur
rent four (4) bay door specifications:
• Si
ngle bay door dimensions: 14’ W x 14’ H
• Each door is comprised of seven (7) sections.
• Each door has one (1) section of windows.
• Each door is operated by a commercial LiftMaster trolley.
EXHIBIT A
16/Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049 JM24-049 FIRE STATIONS 311, 312, & 313 BAY DOOR REPLACEMENTS AND MOTORS
P RODUCT
Steel Sectional Door Specifications (Fire Station 311 & Fire Station 313) M
anufacturer: Clopay EX3720: Minor Ribbed Insulated Steel Door, Thermally-Broken, Polyurethane Insulated.
1. M
aximum Door Size: 16 ft. 2 inches (4.93 m) wide by 14 ft. (4.27 m) high.
2. Panels: Foamed in place polyurethane core construction between exterior and i
nterior steel skins.
3. Panel Thickness: 2-inches (51 mm).
4. Steel Skin Thickness: Minimum 27 gauge 0.061-inch (0.40 mm) exterior; minimum 27 gauge 0.016-inch (0.40 mm) interior.
5. Emboss: Stucco
6. Stiles: Galvanized double end stiles, minimum 0.061 inch (1.55 mm) thick.
7. Rollers: Long-stem tandem rollers.
8. Astragal: U-shaped flexible PVC in retainer of full-length 0.055 inch (1.4 mm) rigid PVC.
9. U-Factor: 0.16
10. R-Value: 18.4
11. Air Infiltration: 0.22cfm/ft2
12. Section Finish:
a. Color Blast® (Sherwin Williams® Color Code – High quality durable two -part Polane ® paint system) Sherwin Williams™ 94950
13. Windows: Full vision aluminum section
a. Glazing: ½ inch (13 mm) dual pane tempered insulated glazing
14. Locking:
a. No lock
15. Weather -stripping: Provide complete perimeter seals. Provide flexible t op s
eal, flexible jamb seal and U-shaped bottom seal.
16. Track:
a. Provide standard lift track as indicated.
17. Spring Counterbalance:
a. Specialized torsion spring counterbalance mechanism sized to weight of the door. Spring to be helically wound, oil tempered, treated with secondary process to increase life cycle life and reliability. Spring to be mounted on a solid steel shaft with c
enter coupling.
b. Cable drum of die cast aluminum with high strength galvanized ai
rcraft cable with minimum 7 to 1 safety factor. Cable to be at minimum 7-19 stranded 3/16 diameter with thimbled loop. c. Cable Safety Device: Snubbers to help maintain cable tension. d. Spring cycles:
i. 50,000 cycles standard.
ii. Maximum cycles on a single shaft.
D
OOR OPERATOR
M
anufacturer: LiftMaster
1. Moto r design: 1.25 HP
a. Single Phase, 120/230V.
EXHIBIT A
17/Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049 JM24-049 FIRE STATIONS 311, 312, & 313 BAY DOOR REPLACEMENTS AND MOTORS
2. O peration: Variable speed direct drive.
3. Operator Speed: Travels an average of 24” in the up direction and betw een 12”-18”
in the down direction, depending on door type and drum size. Includes soft start/stop ramps.
4. Motor: Listed by Underwriters Laboratories. Meet UL 325.
5. Wall controller: Provide separation of low and high voltage wiring and include f
unctionality of 3- button station; set door profile and programming limits and per
forms diagnostics.
6. Floor -level programming: Set limits, door profile, operating modes, and select photo entrapment devices via wall controller from standing height.
7. Display: Absolute cycle count, service cycle count, diagnostic messages, and door
and operator status via 2-line, text LED display.
8. Cycle counter: Resettable via wall controller or myQ technology.
9. Limit setting: Electronic pushbutton via wall controller.
10. Manual Hoist: Manual hoist with integral manual operation protection circuit.
11. Cable Tension Monitor: Mitigates door operation when cable slackening oc
curs.
12. Internet connectivity:
a. Built-in Wi-Fi with myQ technology.
b. Over -the-air updates.
13. Service cycle count, lifetime cycle count, and remote diagnostics via wall controller or myQ technology.
S
pecifier to Select the following:
14. C
ontrol Stations:
a. Three Button Type
i. [NEMA 1], [NEMA 4], [NEMA 4X], [NEMA 7/9
enclosure]
15. Remote Controls:
a. Three button DIP.
16. Primary monitored entrapment protection:
a. Light Curtain UL 325 approved (standard).
17. Secondary non-monitored entrapment protection:
a. Pneumatic sensing edge
Steel Roll Up Door Specifications (Fire Station 312)
M
anufacturer: Stormtite Insulated Rolling Service Doors: Overhead Door Corporation Model 625.
1. C
urtain: Interlocking roll -formed slats as specified following. Endlocks shall be attached to each end of alternate slats to prevent lateral movement.
Flat profile type F-265i for doors up to 40 feet (12.19 m) wide.
Front slat fabricated of:
24-gauge galvanized steel.
Back slat fabricated of :
24-gauge galvanized steel.
2. Slats and Hood Finish:
Galvanized Steel: Slats and hood galvanized in accordance with ASTM A 653 and
receive rust-inhibitive, roll coating process, including 0.2 mils thick baked- on prime paint, and 0.6 mils thick baked-on polyester top coat.
EXHIBIT A
18/Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049 JM24-049 FIRE STATIONS 311, 312, & 313 BAY DOOR REPLACEMENTS AND MOTORS No n-galvanized exposed ferrous surfaces shall receive one coat of rust- inhibitive primer.
3. Weatherseals:
Vinyl bottom seal, exterior guide and internal hood seals.
Interior guide weatherseal.
Lintel weatherseal.
Air Infiltration Package, IECC 2012/2015 listed; product to meet C402.4.3 2012 A
ir leakage <1.00 cfm/ft2.
Air Infiltration perimeter seal package includes: guide cover, guide cap, dual brush exterior guide seal, 4 inch finned lintel brush seal and vinyl bottom seal.
4. Bottom Bar:
Two galvanized steel angles minimum thickness 1/8 inch (3 mm) bolted back to back to reinforce curtain in the guides.
5. Guides: Three structural steel angles.
6. Brackets:
Galvanized steel to support counterbalance, curtain and hood.
Stainless steel to support counterbalance, curtain and hood.
7. Finish; Bottom Bar, Guides, Headplate and Brackets:
PowderGuard Zinc base coat, gray.
8. Counterbalance: Helical torsion spring type housed in a steel tube or pi pe bar
rel, supporting the curtain with deflection limited to 0.03 inch per foot of span. Counterbalance is adjustable by means of an adjusting tension wheel.
9. Hood: Provide with internal hood baffle weatherseal. 24-gauge galvanized steel with intermediate supports as required.
10. Manual Operation:
Chain hoist.
Crank operation.
11. Electric Motor Operation: Provide UL listed electric operator, size as recommended by manufacturer to move door in either direction at not less than 2/
3 foot nor more than 1 foot per second.
Sensing Edge Protection:
Pneumatic sensing edge.
Operator Controls:
Push-button operated control stations with open, close, and stop buttons.
Controls for interior location.
Controls surface mounted.
Special Operation:
Vehicle detector operation.
Radio control operation.
Motor Voltage: 115/230 single phase, 60Hz.
12. Operation: Design door assembly, including operator, to operate for not less than 20,000 cycles.
13. Wall Mounting Condition:
Face-of-wall mounting.
EXHIBIT A
19/Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049 20 Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049
EXHIBIT B
B
ID PROPOSAL FORMS
S
ee Attachment
EXHIBIT B
21/Construction Agreement/Precision Garage Doors & Gates, Inc./Project JM24-049
Attachment B
Fire Station Pictures
Fire Station 311
16200 Desert Knoll Drive
Fire Station 312
15182 El Evado Road
Fire Station 313
13086 Amethyst Road
Item Number: 9
City Council / Board of Directors
Written Communications
Meeting of: September 17, 2024
Submitted By:
Brenda Hampton, Director of Electric Utility Services
Subject:
Purchase of One (1) Liquid Filled Padmounted Transformer Recommendation:
That the Honorable City Council:
(1) Find that Hitachi Energy USA, Inc., through its distributor NEXUS Power, is the sole distributor of Hitachi transformers, and that the sole source for standardizing the forementioned component of the electric utility distribution system is approved in accordance with Section 2.28.100(b)(2) of the Victorville Municipal Code; and (2) Approve the purchase of one (1) Liquid Filled Padmounted Transformer from Hitachi Energy USA, Inc. in the amount not to exceed $139,180.00.
Fiscal Impact:
This purchase will have a fiscal impact of $139,180.00. All costs to be incurred for electric services at 19100 Gateway Dr. have been prepaid by the customer, Prologis, Inc. (“Prologis”). Victorville Municipal Utility Services (“VMUS”) will then pay all associated expenditures from the prepaid funds. The lead time for this transformer is approximately forty (40) weeks, however a purchase order is currently required to place the order. The funds will be encumbered and not expensed until the transformers are received. There are sufficient funds available to cover the expense for this transformer purchase, and prepaid amount was deposited in account 4202076C-23130-31024 (LOT 45 PRJ TIRE- DEPOSIT-TRUST).
Account Amount
4202076C-23130-31024
(LOT 45 PRJ TIRE-DEPOSIT-TRUST)
$139,180.00
Strategic Plan Goal:
Goal E: Invest in Infrastructure. The contemplated purchase will replenish inventory to ensure the proper flow of electricity can be transferred through the VMUS distribution 3 7
9 0
system. The requested transformer is a standard transformer that is used to simplify inventory and for ease of change out when necessary.
Background:
Electrical utilities, such as VMUS, are expected to operate a reliable power system with limited outages at a reasonable cost to its customers. Power system reliability is maintained and enhanced when that system has components that are dependable, substitutable, and easily replaceable if they fail. Interoperability is the ability of the system equipment and devices to work together easily and effectively by design. This reliability, efficiency, and interoperability is achieved through standardization of equipment used on the system.
Standard equipment used on the VMUS system includes transformers manufactured by Hitachi. NEXUS Power is the direct sales/marketing arm of Hitachi, and their quotes come directly from the factory, which eliminates potential mark up in cost of such transformers.
Since 2020, supply chain issues have been exasperated in the United States.
Transformer supply from any manufacturer has been impacted significantly. Lead times have grown from three months in 2020 to almost one year in 2024. The cost of the transformers will not be expensed until the equipment arrives on-site and any transformers used for customer sites will ultimately be paid for by the customer.
Discussion:
VMUS maintains an inventory of spare transformers and other select parts to prevent extended down time in the event of equipment failures in the system. We have one replacement transformer for each size of transformer used in the VMUS system.
When new projects are under development, the engineering design for those projects will specify the appropriate size of transformer for each required service connection. The timeline for these projects to be developed and construction completed is approximately 44-60 weeks. The approximated lead time for the purchase of this transformer is currently forty (40) weeks. This purchase will replace the transformer that was lent from VMUS inventory to Prologis to avoid any downtime.
As noted in the quote (Attachment A) provided by Hitachi, the total price for the transformer listed above is $139,180.00. Due to the long lead times, Hitachi has a Price Adjustment Policy (“PAC”) included on the quote, which states that prices may be adjusted three (3) months prior to shipment. Should the price increase over the City Manager’s purchasing authority, as stated in VMC 2.28.060, VMUS staff will come forth and request additional approval to purchase the transformers from the Victorville City Council.
Pursuant to VMC 2.28.100(b)(2) this purchase is being recommended through a sole- source process (Attachment B) with Hitachi. A sole source purchase is defined under VMC 2.28.050(17) as, unique services, and/or supplies and equipment that can be obtained from only one vendor, or one distributor authorized to sell in this area, with 3 7
9 0
singular characteristics or performance capabilities or which have specific compatibility components with existing city products, rendering bidding or quotation requirements futile or meaningless. The standardization for transformers reduces maintenance and training costs, creates efficiencies regarding a part's interchangeability and reduces outage downtime for customers in the event of a transformer failing. Additionally, NEXUS Power is contracted distributor for the manufacturer, which minimizes the markup costs for the units.
Staff remains available for any questions you may have.
Attachments: A. Hitachi Energy USA, Inc. Quote
B. Sole Source Form
Attachment A
Hitachi Energy USA, Inc.
Quote
Neg #: QT-24-00969051
Hitachi Energy USA Inc. Page 1 of 16 8/21/2024
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To:
From:
Manufacturing: 2401, United States - Jefferson City
Wide Mwaka
Sales Engineer
500 W Highway 94 Hitachi Energy USA Inc. – Jefferson City, MO Jefferson City
.
Email: [email protected]
Phone: Phone:
We are pleased to offer you this quote.
Project: Victorville Municipal Utilities Svcs / Victorville - 2.5mVA - Similar to QT-24-00959380, item 2 - OPP-24-7111538
General Comments and Exceptions
x Please verify bill of material s meets customer's requirements.
Complete bid includes general notes.
Quote expires under any of the following conditions referred to the quote's date listed above:
- After 30 days.
- If the cost of any of the 5 main materials increases by more than 5%.
Notes and Exceptions:
- Field service is to be provided by others.
- ANSI/IEEE standards apply.
- Padlocks not supplied.
- Any special tools to access compartments, or operate, adjust or maintain special parts will not be supplied.
Please note:
- Quoted unit(s) as listed below. Any change in accessories and/or performance(s) may change price(s). Exception is taken to any requirement contained in a customer spec and not specifically identified above or contained in our standard product offering. - Shipment time frame does not include time spent to design unit, send drawings for approval and received approved drawings.
- If shipments by dedicated truck are required; it must be specified in P.O. - If dedicated truck shipment; it will be billed accordingly. - Export crating not supplied unless listed in below bill of materials. - This quote assumes these products will have as final destination the country specified in the request for quote. Diverting them to a different country is prohibited and it may be punishable with fines and prison by USA Federal Laws.
x PRICE ADJUSTME NT CLAUSE (PAC)
*See PAC in terms and conditions
*Required to be acknowledged on the issued PO
Weights:
Core Steel - Weighted 22%*
Aluminum - Weighted 7%*
Neg #: QT-24-00969051
Hitachi Energy USA Inc. Page 2 of 16 8/21/2024
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Copper - Weighted 5%*
Oil - Weighted 10%*
Fab Steel - Weighted 11%*
Labor - Weighted 35%*
If the percentage change is less than +/- 2%, then no change will apply.
x Shipping terms are FCA, Jefferson City MO, Frei ght prepaid and allowed. DAP (customer's desired shipping location-USA mainland only) is available for an additional 3%.
x *** Customer Specification was not provided with RFQ.** * This quotation is based on our interpretation of the information received describing this project. Please review the included Bill of Material and all associated documents for what is included in this bid, and advise if any modifications shall be provided. No other material should be assumed in this proposal.
Neg #: QT-24-00969051
Hitachi Energy USA Inc. Page 3 of 16 8/21/2024
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Item Alt Qt y Description Price Each (USD)
21 2500/3125 KVA Liquid Filled Padmounted Transformer
2401 - Distribution Transformers, Jefferson City, USA (9AAE328378), PDC:
9AAC30400623, DTAN-L3M135
139,180
3X 1
2500/3125 KVA Liquid Filled Padmounted Transformer
2401 - Distribution Transformers, Jefferson City, USA (9AAE328378), PDC:
9AAC30400623, DTAN-L3M135
125,495
12 2500/3125 KVA Liquid Filled Padmounted Transformer
2401 - Distribution Transformers, Jefferson City, USA (9AAE328378), PDC:
9AAC30400623, DTAN-L3M135
139,180
Neg #: QT-24-00969051
Hitachi Energy USA Inc. Page 4 of 16 8/21/2024
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ITEM QTY kVA EACH (USD) NL LL Conductor %Z Unit Wt
2 1 2500/3125 139,180 2318 @ 85 16659 @ 85 Al/Al 5.75 13319
ITEM Fluid Wt
2 3618
Quoted losses are typical for reference purposes only. All weights and dimensions are approximate.
Description:
Type : Liquid-Filled MTR Padmounted Transformer
Fluid : Natural Ester Fluid
Core : Grain Oriented Steel
Phase : 3 Phase
Frequency : 60 Hz
Average Winding Rise : 65 °C
Ambient Temperature : 30 °C
High Voltage : 12470 Delta
High Voltage Taps : +2 -2 2.5%
High Voltage BIL : 95kV BIL
Low Voltage : 480Y/277
Low Voltage BIL : 30kV BIL
Low Voltage Neutral : X0 bushing with ground strap
Feed Configuration : Loop feed
Color : Bell Green (Munsell 7GY 3.29/1.5)
Features (included in price):
TANK & CABINET
Dry Nitrogen Blanket
Fans (controlled by liquid temperature)
120V Control Power Provided By Customer
Fan Control Switch - Manual ON/AUTO/OFF
Penta-head cabinet handle bolt
Stnd Control Box 3M Mild Steel 24 x 26 x 12 (ANSI 61) Mild Steel 16 panel - center line 59 inch x 4
BUSHINGS
Loadbreak Inserts (dead front) x 6
ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum)
200 amp HV bushing wells x 6
10-hole Integral Spade Bushings x 4
Spade Supports
ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern FUSES
Internal expulsion fuse x 3
SWITCHES
2-position 300 amp LBOR Line A switch
2-position 300 amp LBOR Line B switch
2-position 300 amp LBOR transformer switch
MONITORING
Thermometer w 2 alarm contacts 1 NO & 1 NC each Qualitrol 167-288-01 p/n 30C6637H01
Neg #: QT-24-00969051
Hitachi Energy USA Inc. Page 5 of 16 8/21/2024
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Standard Pressure vacuum gage Qualitrol 50-35E p/n 2B13527H01 Liquid level Gauge Q 020-555-01 2B12840H01
Pressure Relief Valve
FITTINGS
Drain valve and sampler
1" fill/filter press fitting in LV compartment
MARKINGS
Non-PCB label
UL Listed on Nameplate
OTHER
9.5" x 17.5" Tank Handhole Cover
30" deep cabinet
DOE 2016 Efficiency Requirements Do Not Apply: KVA Above 2501 KVA
Contains less-flammable biodegradable natural ester flui d with no detectable level of PCB, less than 1PPM, at the time of manufacture.
For information about natural ester fluid, go to:
http://www.cargill.com/products/industrial/dielectric-ester-fluids/envirotemp-fr3/index.jsp
Lead Times:
Drawing Submittal : 4-6 Weeks after receipt of order. after receipt of order.
Orders requiring drawing approval (i.e. Approval orders): The shipping date from our Jefferson City Factory will be confirmed after we receive approved drawings back from the customer.
Orders NOT requiring drawing approvals (i.e. Firm Orders): 36-40 Weeks after the acceptance of order.
Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing.
Item 2 General Comments and Exceptions
x Reference JC13373 - F6AE2993MD, new active part
Neg #: QT-24-00969051
Hitachi Energy USA Inc. Page 6 of 16 8/21/2024
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ITEM QTY kVA EACH (USD) NL LL Conductor %Z Unit Wt
3 1 2500/3125 125,495 2442 @ 85 23851 @ 85 Al/Al 5.75 11973
ITEM Fluid Wt
3 3618
Quoted losses are typical for reference purposes only. All weights and dimensions are approximate.
Description:
Type : Liquid-Filled MTR Padmounted Transformer
Fluid : Natural Ester Fluid
Core : Grain Oriented Steel
Phase : 3 Phase
Frequency : 60 Hz
Average Winding Rise : 65 °C
Ambient Temperature : 30 °C
High Voltage : 12470 Delta
High Voltage Taps : +2 -2 2.5%
High Voltage BIL : 95kV BIL
Low Voltage : 480Y/277
Low Voltage BIL : 30kV BIL
Low Voltage Neutral : X0 bushing with ground strap
Feed Configuration : Loop feed
Color : Bell Green (Munsell 7GY 3.29/1.5)
Features (included in price):
TANK & CABINET
Dry Nitrogen Blanket
Fans (controlled by liquid temperature)
120V Control Power Provided By Customer
Fan Control Switch - Manual ON/AUTO/OFF
Penta-head cabinet handle bolt
Stnd Control Box 3M Mild Steel 24 x 26 x 12 (ANSI 61) Mild Steel 16 panel - center line 59 inch x 4
BUSHINGS
Loadbreak Inserts (dead front) x 6
ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum)
200 amp HV bushing wells x 6
10-hole Integral Spade Bushings x 4
Spade Supports
ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern FUSES
Internal expulsion fuse x 3
SWITCHES
2-position 300 amp LBOR Line A switch
2-position 300 amp LBOR Line B switch
2-position 300 amp LBOR transformer switch
MONITORING
Thermometer w 2 alarm contacts 1 NO & 1 NC each Qualitrol 167-288-01 p/n 30C6637H01
Neg #: QT-24-00969051
Hitachi Energy USA Inc. Page 7 of 16 8/21/2024
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Standard Pressure vacuum gage Qualitrol 50-35E p/n 2B13527H01 Liquid level Gauge Q 020-555-01 2B12840H01
Pressure Relief Valve
FITTINGS
Drain valve and sampler
1" fill/filter press fitting in LV compartment
MARKINGS
Non-PCB label
UL Listed on Nameplate
OTHER
9.5" x 17.5" Tank Handhole Cover
30" deep cabinet
DOE 2016 Efficiency Requirements Do Not Apply: KVA Above 2501 KVA
Contains less-flammable biodegradable natural ester flui d with no detectable level of PCB, less than 1PPM, at the time of manufacture.
For information about natural ester fluid, go to:
http://www.cargill.com/products/industrial/dielectric-ester-fluids/envirotemp-fr3/index.jsp
Lead Times:
Drawing Submittal : 4-6 Weeks after receipt of order. after receipt of order.
Orders requiring drawing approval (i.e. Approval orders): The shipping date from our Jefferson City Factory will be confirmed after we receive approved drawings back from the customer.
Orders NOT requiring drawing approvals (i.e. Firm Orders): 156-158 Weeks after the acceptance of order.
Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing.
Item 3 General Comments and Exceptions
x Reference JC13373 - F6AE2993MD, new active part
Neg #: QT-24-00969051
Hitachi Energy USA Inc. Page 8 of 16 8/21/2024
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This quotation is effective for 30 days from 8/21/2024, unless otherwise authorized by Hitachi Energy USA Inc..
Unless stated otherwise in the quotation, the following terms and conditions of sale will apply.
1. Payment Terms: Due in 30 days invoice date.
2. Freight Terms: Shipm ent is FCA - Free Carrier.
3. Warranty: 18 months from delivery or 12 months from commissioning, whichever occurs first.
4. Terms and conditions of sale are based upon Hitach i Energy USA Inc. General Terms and Conditions of Sale.
5. Approval Orders: Prices are valid for units released fo r shipment within 60 days from the initial mailing date of approval drawings (typically 2 weeks ARO). Prices are valid for quoted shipment or best available lead-time at time of release. Orders on hold pending drawing approval beyond 60 days of initial drawing date are subject to price adjustment every 30 days. Pricing will be determined at time of release for agreed upon delivery.
6. Lead times for orders subject to drawing approval will be confirmed upon receipt of approval and release to manufacturing.
7. Transformers are designed, built, and tested to AN SI/IEEE C57 Transformer Standards for distribution class transformers. No other Codes/Standards apply unless noted on quote.
Russia-Ukraine Situation
For the purpose hereof,
(i) “Russia-Ukraine Situation” means (1) the conflict between Russia and Ukraine which began on or around 24 February 2022 and/or (2) any other or further conflict which may arise out of or in connection with the same and/or (3) any economic and other sanctions imposed by, amongst others the United Nations, U.S., EU, UK, Japan Switzerland or any agency or authority against Russia, Russian entities and individuals, Russian goods, products, services, technology which may arise out of or in connection therewith, and/or (4) any economic and other sanctions imposed by, amongst others the United Nations, U.S., EU, UK, Japan Switzerland or any agency or authority thereof against any other country, entities and individuals, Russian goods, products, services, technology which may arise out of or in connection therewith;
(ii) “Electronic Component Shortage” means the continuing global shortage of microchips or apparatus or components which include microchips.
The Parties acknowledge that the Russia-Ukraine Situation and/or the Electronic Component Shortage is affecting or may have an adverse impact on [Hitachi Energy’s] ability to perform the [offer] including but not limited to price increases, transportation and logistics constraints, shortages and price increases in the procurement of products and commodities (e.g. copper, aluminum, steel, oil and gas).
If the Russia-Ukraine Situation and/or the Electronic Component Shortage continue affecting, will or may have any adverse impact, whether direct or indirect, on [Hitachi Energy’s] ability to perform the [offer] in accordance with its terms [and/or the [Law]], the Parties shall, if so requested in writing by [Hitachi Energy /], negotiate in good faith and agree without delay reasonable amendments to the terms and conditions of the [offer], including, but not limited to, revisions of the [Schedule] and/or any increase in the [Contract Price].
In the absence of such agreement, [Hitachi Energy] shall, if it suffers delay and/or incurs additional [Costs] due to any direct or indirect impact of the Russia-Ukraine Situation and/or the Electronic Component Shortage, in any case be entitled to an extension of the [Time for Completion] and compensation for any additional [Costs].
Transportation/Delivery
Purchaser has the responsibility to guarantee clear access to the delivery point. If Seller encounters obstructions preventing or hindering delivery, Purchaser shall be responsible for removal and replacement to
Neg #: QT-24-00969051
Hitachi Energy USA Inc. Page 9 of 16 8/21/2024
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In the event the Purchaser does not collect and/or agree to accept shipment of the products at delivery (unless otherwise stipulated in the contract), Seller will locate local storage facilities to which the products will be delivered, at which point contractual delivery will be deemed complete. Storage at such facilities will be at the Purchaser’s expense. The Purchaser shall be liable for costs arising from such delay, including the Supplier’s costs relating to storage, insurance, and handling of the products.
Storage Fees
Transformer Rating Weekly Storage Fee
750KVA and below $375 per week per transformer
Above 750KVA $425 per week per transformer
Handling Fees
Transformer Rating Crane Charge Per Move
750KVA and below $750
Above 750KVA $1250
Factory Acceptance Testing (FAT)
x Witness Testing can be added for $5,000 per transf ormer. Only two (2) transformers can be witness tested per day.
x Final Inspection can be added for $2,000 per day of in spection. Dependent upon availability of product at time of inspection.
x Please confirm intent to witness testing and/or perform final inspection by the time of release to manufacture otherwise FAT services will be considered waived.
Price Adjustment Policy (PAC)
To facilitate order acceptance, please reference this quote number and acknowledge acceptance of this PAC, on the order document.
Due to extended delivery dates, pricing is not held constant between order placement and shipment. The price shall be adjusted per the price adjustment clause described below 3 months prior to shipment.
A weighted combination of the following indices will be used for price adjustments:
Core Steel – Hitachi Energy Index
Aluminum - PPI WPU102501
Copper - PPI WPU102502
Oil - PPI WPU057604
Carbon Steel - PPI WPU101707
Labor - CEU3133500008
Should the specified indices be discontinued, proper indices shall be submitted by mutual agreement of both parties.
The Index Baseline will be the month and year in which the proposal is issued.
Cancellation Fees
Approval Orders
x 20% after order entry
x 50% after submittal of approval drawings
x 80% after procurement of major materials
Neg #: QT-24-00969051
Hitachi Energy USA Inc. Page 10 of 16 8/21/2024
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Firm Orders
x 50% after order entry
x 80% after procurement of major materials
x 100% 6 weeks prior to planned start of manufacture
We appreciate the opportunity to quote on this business. Hitachi Energy USA Inc. has had many years of experience building reliable, high quality transformers and we look forward to supplying this equipment.
Neg #: QT-24-00969051
Hitachi Energy USA Inc. Page 11 of 16 8/21/2024
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KVA FEED A B C D E F WT
2500 Loop
(Dead) 72 100 90.8 74.8 70 30 14100
All weights and dimensions are approximate.
Dimensions may change to meet specific customer
requirements. Weights are in pounds. Dimensions are
in inches.
Cooling fins may be required on the back and/or side of the tank if necessary. Maximum cooling fin depth is 16".
Victorville - 2.5mVA - Similar to QT-24-00959380,
item 2 - OPP-24-7111538
8/21/2024 3-Phase Padmounted Transformer Hitachi Energy USA Inc., Jefferson City, MO
Neg #: QT-24-00969051
Hitachi Energy USA Inc. Page 12 of 16 8/21/2024
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Item Number: 10
City Council / Board of Directors
Written Communications
Meeting of: September 17, 2024
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Determine City’s Position on Cal Cities 2024 Annual Conference Proposed Resolutions Recommendation:
That Your Honorable City Council:
(1) Consider the following League of California Cities Resolution:
a) A Resolution of the General Assembly of the League of California Cities calling for the California Legislature to enact laws that ensure that “What applies to one, applies to All” in the Fair and Equal Treatment of All Governmental Officials at All Levels in the State of California
(2) Direct the appointed voting delegate to support the above resolution at the General Assembly meeting.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Background:
At the September 3, 2024, Regular City Council Meeting, Council designated Council Member Jones as the voting delegate and Mayor Pro Tem Harriman as the alternate for the Cal Cities 2024 Annual Conference currently scheduled for Wednesday, October 16 through Friday, October 18, 2024, in Long Beach, California. The Annual Conference presents an opportunity for city officials to attend informative sessions, learn about the challenges that California’s cities face, collaborate on solutions, and celebrate the accomplishments of Cal Cities and member jurisdictions. The Annual Business Meeting occurs during the General Assembly on Friday, October 18, where member cities take action on conference resolutions. Resolutions serve as policy guidance for Cal Cities and are meant to improve the quality, responsiveness, and vitality of local government in California.
2 1
3 9
Discussion:
Per Cal Cities bylaws, proposed resolutions are referred to an appropriate policy committee for review and recommendation as well as the General Resolutions Committee before being presented to the General Assembly for a vote. Three (3) policy committees will meet virtually one (1) week prior to the Annual Conference to consider and take action on the resolution, followed by a meeting of the General Resolutions Committee on Thursday, October 17 to consider the reports of the policy committees. Cal Cities encourages each City Council to consider the proposed resolution, determine a city position, and direct the appointed voting delegate to represent the City accordingly at the General Assembly, which will convene on Friday, October 18, 2024, at 8:30 a.m. Each member city has the right to cast one vote per resolution.
The City of Victorville is an active member of Cal Cities and utilizes the Annual Conference to advocate on behalf of the community. It is vital that the City of Victorville be represented at the Annual Business Meeting and cast a vote on the proposed resolution in accordance with City Council direction. This year, one (1) resolution has been submitted for consideration along with background materials, supporting letters, and analyses attached hereto for your reference as “Attachment A”.
The resolution being considered by the General Assembly is as follows:
“A Resolution of the General Assembly of the League of California Cities calling for the California Legislature to enact laws that ensure that “What applies to one, applies to All” in the Fair and Equal Treatment of All Governmental Officials at All Levels in the State of California.” Support of the above resolution, would direct the League to call upon the Governor and elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.” It is recommended that Your Honorable City Council direct the voting delegate to support the above resolution at the General Assembly Meeting.
Attachments: A. Cal Cities 2024 Annual Conference Resolutions Packet
ATTACHMENT A
2024
Resolutions
Packet
2024 Resolutions Packet
Information on 2024 Resolutions Process
Consideration by Policy Committee (pre-conference)
Per the Cal Cities bylaws, the Cal Cities President has referred the submitted resolution to the Governance, Transparency, and Labor Relations Policy Committee. The committee will meet on Oct. 3 at 10 a.m. via Zoom to review the resolution and make a recommendation that will be sent to the Resolutions Committee. A public comment period will be held during the meeting. Register for the meeting here.
A list of recommendations the policy committee may make during its meeting are on page three of this packet.
Consideration by Resolutions Committee (during conference) On Oct. 17 at 1:30 p.m. the Resolutions Committee will meet to review the resolution and the recommendation of the policy committee.
The Resolutions Committee consists of one representative from each of Cal Cities caucuses, departments, divisions, and policy committees, as well as up to ten additional appointments made by the Cal Cities President. A public comment period will be held during the meeting. Refer to the onsite conference program for the location.
A list of recommendations the Resolutions Committee may make during its meeting are on page three of this packet.
Consideration by the General Assembly (during conference) The General Assembly will convene on Oct. 18 at 8:30 a.m. to consider any qualified resolutions. To vote during the General Assembly, voting delegates must have checked-in at the voting delegate booth.
Conference attendees will receive materials for the General Assembly on the evening of Oct. 17. For more information on voting and discussion procedures during the General Assembly, see page four of this packet.
Petitioned Resolutions (during conference)
The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. To initiate a petitioned resolution, voting delegates from 10% of member cities must sign the petition. The resolution and signatures are due at least 24 hours before the beginning of the General Assembly. Voting delegates who have checked-in at the voting delegate booth can receive more information on petitioned resolutions at the booth onsite. 1 Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved
1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.
2 During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 2 2024 Resolutions Packet
Policy Committee and Resolutions Committee Actions
The submitted resolution will be heard by the policy committee to which it was assigned, and the Resolutions Committee. The below table shows what recommendations these bodies may make on the resolution.
Policy Committee Actions Resolutions Committee Actions
Approve Approve
Disapprove* Disapprove*
No Action No Action
Amend and approve
Amend and approve
Refer to appropriate policy committee
for further study*
Approve as amended
Refer as amended to appropriate
policy committee for further study*
Refer to appropriate policy committee
for further study*
Refer as amended to appropriate
policy committee for further study*
Approve with additional
amendment(s)
Additional amendments and refer to
appropriate policy committee for
further study*
*If a resolution is disapproved or referred for further study by all policy committees to which it is assigned and the Resolutions Committee, it will not proceed to the General Assembly.
3 2024 Resolutions Packet
General Assembly Voting and Discussion Procedures
Discussion Procedures:
Discussion procedures during the General Assembly are guided by two calendars:
the Consent Calendar and the Regular Calendar. As seen below, resolutions are calendared by the recommendations they receive from policy committees and the Resolutions Committee.
For General Resolutions:
Policy Committee
Recommendation
Resolutions Committee
Recommendation Calendar
Approve Approve Consent Calendar
Approve Disapprove or refer Regular Calendar
Disapprove or refer Approve Regular Calendar
Disapprove or refer Disapprove or refer Does not proceed to General Assembly
For Petitioned Resolutions:
Policy Committee
Recommendation Resolutions Committee Action Calendar
N/A
Approve Regular Calendar
Disapprove or Refer Regular Calendar
Disqualified Does not proceed to General
Assembly
Items on the Consent Calendar will be presented as one motion during the General Assembly from the Resolutions Committee chair. Unless an item on the Consent Calendar is set aside by the majority of the General Assembly, a vote will be taken on the whole calendar. It an item is set aside, it will be opened for discussion, followed by a vote.
Items on the Regular Calendar will be presented individually by the Resolutions Committee chair. After a recommendation is presented by the Resolutions Committee chair, the resolution will be opened for discussion by the General Assembly. A vote will take place following discussion.
Voting Procedures:
Per Cal Cities Bylaws Article XII, Sec. 2, all votes will be conducted by voice vote first. If the presiding official cannot determine the outcome a vote will be taken by an alternative method, typically a raise of voting cards by voting delegates. A roll call vote may be called for by delegates of ten percent or more of the General Assembly.
4 2024 Resolutions Packet
2024 Resolution
1. R esolution on Fair and Equal Treatment of All Governmental Officials at All Levels submitted by City of Glendora
• Letters of concurrence submitted by:
i. April A. Verlato, Mayor, City of Arcadia
ii. Robert Gonzales, Mayor, City of Azusa
iii. Tim Hepburn, Mayor, City of La Verne
iv. Bill Uphoff, Mayor, City of Lomita
v. John M. Cruikshank, Mayor, City of Rancho Palos Verdes • Referred to Governance, Transparency, and Labor Relations Policy Committee
• Policy Committee Recommendation:
• Resolutions Committee Recommendation:
5 2024 Resolutions Packet
Resolution N o. 1: Fair and Equal
Treatment of All Governmental
Officials at All Levels submitted by
City of Glendora
6 2024 Resolutions Packet
1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF
CALIFORNIA CITIES CALLING FOR THE CALIFORNIA LEGISLATURE TO ENACT LAWS THAT ENSURE THAT “WHAT APPLIES TO ONE, APPLIES TO ALL” IN THE
FAIR AND EQUAL TREATMENT OF ALL GOVERNMENTAL OFFICIALS AT ALL
LEVELS IN THE STATE OF CALIFORNIA
Source: C
ity of Glendora
Concurrence of five or more cities/city officials
City Officials: April A. Verlato, Mayor, City of Arcadia; Robert Gonzales, Mayor, City of Azusa; Tim Hepburn, Mayor, City of La Verne; Bill Uphoff, Mayor, City of Lomita; John M. Cruikshank, Mayor, City of Rancho Palos Verdes
Referred to: Go
vernance, Transparency and Labor Relations Policy
Committee
WH
EREAS, the General Assembly of the League of California Cities objects to the practice of the California Legislature of imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California; and
WHEREAS, examples of such rules or regulations that apply to local city elected officials that do not otherwise apply to the elected officials of the State of California include, but are not limited to:
California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq., which purport to “declare[] that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly,” but which limits its application to “local agencies,” but not including elected officials of the State of California;
Creating “one-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”) which purportedly requires all government agencies to consider the environmental consequences of their actions before approving plans and policies or committing to a course of action on a project in order to demolish and then rebuild State offices for the Governor and other State officials;
7 2024 Resolutions Packet
Adopting rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”), by removing the exception for local elected officers from contribution limits requiring disqualification on development project decisions,” but not including elected officials of the State of California;
Adopting rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office, including, but not limited to: prohibiting the making a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571; requiring a candidate that has qualified as a committee to establish a separate controlled committee and campaign bank account for each specific office; prohibiting a candidate from redesignating a committee for one election for another election.
WHEREAS, the General Assembly of the League of California Cities now calls upon the Governor and the California Legislature to adopt a policy, practice, and procedure requiring, in their legislative activities, that “what applies to one applies to all.”
NOW, THEREFORE, BE IT RESOLVED at the League General Assembly, assembled at the League Annual Conference on October 18, 2024 in Long Beach, California, that the League calls upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate . This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
8 2024 Resolutions Packet
Resolution No. 1: Letters of
Concurrence
9 July 10, 2024
The City Council of Glendora
is proposing the following resolution for consideration at the California League of Cities annual conference
on
October 18, 2024
Proposed Resolution: (“To ensure fairness and equal treatment for all government officials in California”)
“The California State Legislature shall not enact, and the Governor shall not approve, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
The following five city council members are in concurrence with their letters of support (attached):
✓ Mayor John Cruikshank, City of Rancho Palos Verdes
✓ Mayor Bill Uphoff, City of Lomita
✓ Mayor Robert Gonzales, City of Azusa
✓ Mayor April Verlato, City of Arcadia
✓ Mayor Tim Hepburn, City of La Verne
Please confirm receipt of this request.
Sincerely,
Michael Allawos
Council Member
City of Glendora
10 11
12 13
14 15
2024 Resolutions Packet
Resolution No. 1: Staff Analysis
16 League of California Cities Staff Analysis on Resolution No. 1 St
aff: Johnnie Pina, Legislative Affairs, Lobbyist
Committee: Governance, Transparency, and Labor Relations Summary:
This Resolution states that the League of California Cities shall call upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“T
he California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
Background:
This resolution states that examples of the California Legislature imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California include, but are not limited to:
• California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq.;
• “One-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”);
• Rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”); and
• Rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office.
Ralph M. Brown Act
The C
alifornia Attorney General’s (AG) Office defines The Ralph M. Brown Act (Brown Act) as what governs meetings conducted by local legislative bodies, such as boards of supervisors, city councils and school boards. The AG’s office states the Act represents the Legislature’s determination of how the balance should be struck between public access to meetings of multi-member public bodies on the one hand and the need for confidential candor, debate, and information gathering on the other.
The R
alph M. Brown Act governs local agencies, the Bagley-Keene Open Meeting Act covers all state boards and commissions, and Government code 17 9027 governs t he state Legislature. The California Constitution also mandates open meetings for state agencies, boards, and commissions. Specifically, the Constitution requires that each local agency comply with the Brown Act (Article I, section 3(b)(7)): and that the proceedings of each house of the Legislature be open and public (with exceptions for employment matters; matters affecting security; confer with legal counsel; and to meet as a caucus (Article IV, section 7).
Alt
hough fairly detailed requirements apply to state agencies and other state bodies, they do not apply to the Legislature. The Legislature has Constitutional authority to adopt rules for its proceedings that are consistent with the requirement that the proceedings of each house and the committees be open and public.
Another notable difference between the Legislature and a city council is the ability for Legislators to have a caucus to discuss a bill, express how they will vote, and to count votes. This is not allowed under the Brown Act. One other difference is that the laws governing teleconferencing for members of the state Legislature is far less flexible than it is for local bodies. However, state agencies have more flexibility than locals in that regard.
California Environmental Quality Act (“CEQA”)
The Resolution cites the Legislature's action in exempting from CEQA the reconstruction of the State Capitol Annex building. The State Legislature enacted the California Environmental Quality Act (CEQA) in 1 970, establishing it as a public disclosure law for the environmental review of discretionary projects and a process for mitigating or avoiding potential environmental impacts.
S
B 174 (Committee on Budget and Fiscal Review) C haptered by Secretary of State. Chapter 74, Statutes of 2024 was signed into law July 2, 2024. This bill exempts the work performed under the State Capitol Building Annex Act of 2016 from the California Environmental Quality Act (CEQA). In this example the Legislature exempted themselves as not being considered a “public agency,” “state agency,” or “lead agency” under CEQA. A lead agency under CEQA is the public agency that has the principal responsibility for carrying out or approving a project that is subject to CEQA.
Ov
er the years, the Legislature has also created many CEQA exceptions and exemptions for local projects involving local agencies as well.
The Political Reform Act (PRA) - Senate Bill No. 1439
SB 1439 (Glazer) C
haptered by Secretary of State. Chapter 848, Statutes of 2022 amends section 84308 and is aimed at preventing "pay-to-play" practices, in part by prohibiting parties, participants, and their respective agents in a 18 proceeding involving a license, permit, or other entitlement for use from contributing more than $250 to an officer of an agency during a 12 month period. When the Levine Act was first enacted in 1982, Section 84308 applied to appointed members of boards and commissions who were running for elective office. SB 1439 expended this law to now apply to local elected officials. Since it is focused on permits and licenses, it now applies to State agencies and local agencies that approve permits and licenses. Section 84308 does not apply to the Legislature or the Courts. It is important to note that unlike local governments, neither issue permits and licenses.
The Political Reform Act (PRA) - Assembly Bill No. 571
AB 571 (Mullin) C
haptered by Secretary of State. Chapter 556, Statutes of 2019 established default campaign contribution limits for county and city office at the same level as the limit on contributions from individuals to candidates for Senate and Assembly, effective January 1, 2021. This bill permitted a county or city to establish its own contribution limits, which would prevail over these default limits.
T
he Resolution cites AB 571 as an example of treating cities differently than the State. The Fair Political Practices Commission clarifies in their AB 571 fact sheet that under AB 571 a city may elect to have "no" contribution limit in which case the state contribution limit will not apply as a default for that jurisdiction. A city or county can set contribution limits higher than the default state limit, AB 571 sets a default in line with contributions Assembly Members and Senators if a city or county is silent on contribution limits.
Fiscal Impact:
Unknown.
Existing Cal Cities Policy:
Mission Statement
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
We Believe:
• Local self-governance is the cornerstone of democracy. • In the involvement of all stakeholders in establishing goals and in solving problems.
• In conducting the business of government with transparency, openness, respect, and civility. The spirit of honest public service is what builds communities.
• Open decision-making that is of the highest ethical standards honors the public trust.
• The vitality of cities is dependent upon their fiscal stability and local autonomy. The active participation of all city officials increases Cal Cities’ effectiveness.
19 • Partnerships and collaborations are essential elements of focused advocacy and lobbying.
• Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations.
Comments:
Additional Examples
The Legislature has passed and the Governor has signed many laws that apply to local governments and do not apply to the state or the state Legislature. This year AB 2561(McKinnor) wa
s introduced , which requires local governments to
present in a public meeting a detailed report about their vacancy rates and detailed information about their hiring practices. This is an attempt to address public sector vacancy rates. This bill does not apply to the state in a time when they are also dealing with high vacancy rates.
Ad
ditionally, there were several bills that aim to amend the Levine Act, which now applies to local elected officials, to make changes to SB 1439, referenced previously in the analysis. None of the bills would amend the law to be applicable to Assembly Members or Senators.
AB 817 (Pacheco), co-s
ponsored by Cal Cities tried to bring parity to the Brown Act by making the teleconference rules for state advisory bodies the same for local advisory bodies but the Legislature struck the bill down.
Applying to elected officials or to the legislative body? Legislature or the State? T
he resolution also states, “… applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate.”
This portion of the resolve clause is specifically speaking to local elected officials and State Assembly Members and Senators. However, many of the “where as” clauses are in reference to laws that apply to cities, the state and the Legislature as government agencies and not specifically to the elected officials on the governing bodies. For example, the Brown Act applies rules to the Legislative body and not the individual council member. Additionally, the city council as a whole is the lead agency under CEQA and not the individual council members.
Inherent Powers of the Legislative Branch
The resolution also states, “This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
It is unclear what inherent powers of the legislate branch under the California Constitution means in this context. The legislative branch does have the power 20 of preemption over cities and can state that a change in law is a matter of state wide concern. This allows the legislative branch to apply new laws or amend existing laws to apply to general law and charter cities. It seems like the last sentence of the resolve clause could negate the rest of the resolve clause if not clarified.
Support:
The following letters of concurrence were received:
April A. Verlato, Mayor, City of Arcadia
Robert Gonzales, Mayor, City of Azusa
Tim Hepburn, Mayor, City of La Verne
Bill Uphoff, Mayor, City of Lomita
John M. Cruikshank, Mayor, City of Rancho Palos Verdes
21 Item Number: 11
City Council / Board of Directors
Written Communications
Meeting of: September 17, 2024
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Discussion and Possible Action regarding providing a letter to the Governor concerning Assembly Bill 2081 and Assembly Bill 2574
Recommendation:
Any action is at the discretion of Your Honorable City Council.
Fiscal Impact:
There is no fiscal impact associated with this item.
Background:
At the City Council meeting of September 3, 2024, it was moved by Council Member Jones with majority approval to agendize an item for discussion and possible action to send a letter to the Governor regarding Assembly Bill 2081 and Assembly Bill 2574 on the issues of homes in residential areas being used for treatment centers.
Discussion:
This item is being presented to Council so that Council can further discuss and determine if they wish to send a letter to the Governor regarding Assembly Bill 2081 and Assembly Bill 2574 on the issues of homes in residential areas being used for treatment centers.
Both bills have successfully cleared approvals on the Senate and Assembly floors and each of these Bills (as of September 6, 2024) are awaiting consideration by the Governor.
Cal Cities has taken a position of support and their form letters urging the governor’s signature are also attached for review.
Staff remains available for any questions or comments you might have.
Attachments: A. Assembly Bill 2081
B. Assembly Bill 2574
C. Assembly Bill 2081 Support Letter
3 3
0 6
D. Assembly Bill 2574 Support Letter
ATTACHMENT A
Assembly Bill No. 2081
Passed the Assembly May 16, 2024
Chief Clerk of the Assembly
Passed the Senate August 20, 2024
Secretary of the Senate
This bill w as recei ved by the Go vernor this day
of , 2024, at o’clock m.
Private Secretary of the Governor
CHAPTER
An act to add Section 11831.5 to the Health and Safety Code, relating to substance abuse treatment.
legislative counsel’s digest
AB 2081, Davies. Substance ab use: reco very and treatment programs.
Existing law grants the State Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities. The department is authorized to issue a license to specified types of facilities if certain criteria are met. Existing law requires licensees to report specified events and incidents to the department, including, among others, the death of a resident at a licensed facility. Existing law authorizes the department to investigate allegations of violations of governing law and take action upon a finding of a violation, as specified.
This bill would require an operator of a licensed alcoholism or drug abuse recovery or treatment f acility or certified alcohol or other drug program to include on its internet website and intak e form paperw ork a disclosure that an indi vidual may check the internet website of the State Department of Health Care Services to confirm whether the facility’s license or program’s certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been gi ven a notice of operation in violation of law. The bill would require the disclosure to include a link to the department’ s internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of La w Program List. The bill w ould authorize a violation of this requirement to be subject to penalty imposed by the department.
The people of the State of California do enact as follows:
SECTION 1. Section 11831.5 is added to the Health and Safety Code, to read:
11831.5. (a) An operator of a licensed alcoholism or drug abuse reco very or treatment f acility, as defined in Section 96 — 2 — AB 2081
11834.02, or a certified alcohol or other drug program shall include on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the Department of Health Care Services to confirm whether the f acility’s license or program’s certification has been placed in probationary status, been subject to a temporary suspension order , been re voked, or the operator has been gi ven a notice of operation in violation of law. The disclosure shall include a link to the department’s internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List.
(b) A violation of subdivision (a) shall be subject to penalty by the department pursuant to Section 11831.7.
96 AB 2081 — 3 —
Approved , 2024
Governor
ATTACHMENT B
Assembly Bill No. 2574
Passed the Assembly August 29, 2024
Chief Clerk of the Assembly
Passed the Senate August 28, 2024
Secretary of the Senate
This bill w as recei ved by the Go vernor this day
of , 2024, at o’clock m.
Private Secretary of the Governor
CHAPTER
An act to amend Section 11833.05 of the Health and Safety Code, relating to alcohol and drug programs.
legislative counsel’s digest
AB 2574, Valencia. Alcoholism or drug ab use reco very or treatment programs and facilities: disclosures.
Existing law grants the sole authority in state government to the State Department of Health Care Services to certify alcohol or other drug programs and to license adult alcoholism or drug abuse recovery or treatment f acilities. Existing la w requires certified programs and licensed facilities to disclose specified information to the department, including ownership or a financial interest in a recovery residence, as defined, and contractual relationships with entities that pro vide reco very services to clients of certified programs or licensed facilities if the entity is not a part of a certified program or a licensed facility.
This bill would require a program or a licensed facility to disclose to the department if any of its agents, partners, directors, officers, or owners own or have a financial interest in a recovery residence and whether it has contractual relationships with entities that provide reco very services to clients of certified programs or licensed facilities if the entity is not a part of a certified program or a licensed facility.
This bill w ould incorporate additional changes to Section 11833.05 of the Health and Safety Code proposed by AB 2995 to be operative only if this bill and AB 2995 are enacted and this bill is enacted last.
The people of the State of California do enact as follows:
SECTION 1. Section 11833.05 of the Health and Safety Code is amended to read:
11833.05. (a) A program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or a f acility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department if an y of 95 — 2 — AB 2574
its agents, partners, directors, officers, or owners, including a sole proprietor and member, has either of the following:
(1) Ownership or control of, or financial interest in, a recovery residence.
(2) Any contractual relationship with an entity that re gularly provides professional services or addiction treatment or recovery services to clients of programs certified or f acilities licensed by the department, if the entity is not part of the program certified or facility licensed by the department.
(b) All programs certified or facilities licensed by the department shall make the disclosures pursuant to subdivision (a) upon initial licensure or certification, upon renewal of licensure or certification, and upon a licensed f acility or certified program acquiring or starting a relationship that meets the description in paragraph (1) or (2) of subdivision (a).
(c) The department may suspend or revoke the certification of a program or license of a f acility for f ailing to disclose the information required in subdivision (a).
(d) The department shall tak e action pursuant to Section 11834.31 ag ainst an unlicensed f acility that is disclosed as a recovery residence pursuant to paragraph (1) of subdi vision (a).
This subdivision does not require an in vestigation of a reco very residence that is not alleged to be operating in violation of Section 11834.30.
(e) The department may refer a substantiated complaint against a recovery residence to other enforcement entities as appropriate under state or federal law, including the Department of Insurance, the Department of Managed Health Care, the Attorney General, and the United States Attorney General.
(f) For the purposes of this section, “recovery residence” means a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department or does not provide licensable services, pursuant to Chapter 7.5 (commencing with Section 11834.01). A recovery residence may include, b ut is not limited to, residential dwellings commonly referred to as “sober li ving homes,” “sober living en vironments,” or “unlicensed alcohol and drug free residences.”
95 AB 2574 — 3 —
SEC. 1.5. Section 11833.05 of the Health and Safety Code is amended to read:
11833.05. (a) A program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or a f acility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department if an y of its agents, partners, directors, officers, or owners, including a sole proprietor and member, has either of the following:
(1) Ownership or control of, or financial interest in, a recovery residence.
(2) Any contractual relationship with an entity that re gularly provides professional services or substance use disorder treatment or recovery services to clients of programs certified or f acilities licensed by the department, if the entity is not part of the program certified or facility licensed by the department.
(b) All programs certified or facilities licensed by the department shall make the disclosures pursuant to subdivision (a) upon initial licensure or certification, upon renewal of licensure or certification, and upon a licensed f acility or certified program acquiring or starting a relationship that meets the description in paragraph (1) or (2) of subdivision (a).
(c) The department may suspend or revoke the certification of a program or license of a f acility for f ailing to disclose the information required in subdivision (a).
(d) The department shall tak e action pursuant to Section 11834.31 ag ainst an unlicensed f acility that is disclosed as a recovery residence pursuant to paragraph (1) of subdi vision (a).
This subdivision does not require an in vestigation of a reco very residence that is not alleged to be operating in violation of Section 11834.30.
(e) The department may refer a substantiated complaint against a recovery residence to other enforcement entities as appropriate under state or federal law, including the Department of Insurance, the Department of Managed Health Care, the Attorney General, and the United States Attorney General.
(f) For the purposes of this section, “recovery residence” means a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department or does not provide licensable services, 95 — 4 — AB 2574
pursuant to Chapter 7.5 (commencing with Section 11834.01). A recovery residence may include, b ut is not limited to, residential dwellings commonly referred to as “sober li ving homes,” “sober living en vironments,” or “unlicensed alcohol and drug free residences.”
SEC. 2. Section 1.5 of this bill incorporates amendments to Section 11833.05 of the Health and Safety Code proposed by both this bill and Assembly Bill 2995. That section of this bill shall only become operati ve if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 11833.05 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 2995, in which case Section 1 of this bill shall not become operative.
95 AB 2574 — 5 —
Approved , 2024
Governor
ATTACHMENT C
ATTACHMENT D
Item Number: 12
City Council / Board of Directors
Written Communications
Meeting of: September 17, 2024
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Discussion and Possible Action regarding developing a potential policy that considers a more assertive and innovative solution to take on the issue of illegal fireworks within the City
Recommendation:
Any action is at the discretion of Your Honorable City Council.
Fiscal Impact:
There is no fiscal impact associated with this item.
Background:
At the City Council meeting of September 3, 2024, it was moved by Council Member Jones with majority approval to agendize an item for discussion and possible action to develop a potential policy that considers a more assertive and innovative solution to take on the issue of illegal fireworks within the City, and that also explores opportunities for regional collaboration to mitigate the negative impacts and undue burdens brought to bear by our sister city, Adelanto’s, firework policy.
Discussion:
This item is being presented to Council so that Council can further discuss and determine if they wish to develop a potential policy that considers a more assertive and innovative solution to take on the issue of illegal fireworks within the City, and that also explores opportunities for regional collaboration to mitigate the negative impacts and undue burdens brought to bear by our sister city, Adelanto’s, firework policy.
Staff remains available for any questions or comments you might have.
Attachments: None
Item Number: 13
City Council / Board of Directors
Written Communications
Meeting of: September 17, 2024
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Consideration of proposed City Council Resolution No. 24-020 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. 24-020 Approving the Proposed Revised Council Policy and Procedures Manual.
Fiscal Impact:
There is no fiscal impact associated with this action.
Strategic Plan Goal:
This item aligns with Strategic Plan Goal “E” – Organizational Effectiveness and Sustainability.
Background:
The City Council Policy and Procedures Manual (the “Policy Manual”) was originally adopted on October 3, 2017 and subsequently 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; March 21, 2023; April 4, 2023; May 16, 2023; and December 19, 2023.
Discussion:
At the March 19, 2024 City Council meeting, a draft of the Policy Manual was presented to the City Council which had certain proposed revisions that were being suggested by the City Council, the City Attorney, and City staff. At that time, the City Council raised concerns as to some of the proposed revisions and decided that it would be better to 3 7
7 8
schedule a workshop with an outside consultant to review the Policy Manual and discuss possible revisions. Accordingly, at the City Council workshop held on June 6, 2024, the City Council reviewed the revisions to the Policy Manual presented at the March 19, 2024 meeting and came to a consensus on the revisions to include suggested changes that improve and enhance the effectiveness of the Policy Manual.
At the workshop, the City Attorney along with the City Manager and City Clerk, were directed to draft revisions consistent with Council direction (see Attachment C which is a copy of the transcript from the June 6, 2024 workshop). It was further determined that the City Attorney would be proposing new Policy Manual language consistent with Council’s direction. This language can be seen in the redlined version of the proposed revised City Council Policy and Procedures Manual (Attachment B).
Should the City Council determine that said redlined changes are acceptable and consistent with the direction so provided, adoption of Resolution No. 24-020 and the clean revised version of the City Council Policy and Procedures Manual attached thereto (Attachment A) is recommended. Any decision as to whether these revisions are acceptable and/or should be adopted is at the discretion of the City Council.
Staff remains available for any questions or comments you might have.
Attachments: A. Resolution No. 24-020
B. City Council Policy and Procedures Manual Redlined
C. Transcript from June 6, 2024 Workshop
ATTACHMENT A
Resolution No. 20-040
with
Revised Policy Manual
RESOLUTION NO. 24-020
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 "Policy Manual"); and WHEREAS, the Policy 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 Policy Manual currently 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, 23-018, 23-025, 23-030 and 23-104, the City Council has since the Policy Manual was first adopted, approved certain revisions to the Policy Manual in order to clarify various 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 Policy Manual's initial adoption and prior amendments have necessitated several further revisions to address some inconsistencies and improve the ability to implement the provisions of said Policy Manual; and
WHEREAS, the City Council finds that adopting the proposed revised Policy 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 helps 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. 23-104 and take effect immediately upon its adoption.
Section 3. That the City Clerk shall certify the passage and adoption of this Resolution.
P:\APPS\WPDATA\VVCA\0002 CITY COUNCIL\COUNCIL POLICY MANUAL\DOC\051.4-RESOLUTION 24-040 ADOPT REV POLICY MANUAL CLEAN FINAL 09.09.24.DOCX 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
Revised by Resolution No. 23-030 on May 16, 2023
Revised by Resolution No. 23-104 on December 19, 2023
Revised by Resolution No. 24-020 on _________________, 2024
TABLE OF CONTENTS
TABLE OF CONTENTS i
CHAPTER 1 - IN TRODUCTION AND PURPOSE 1
CHAPTER 2 - RO LE OF CITY COUNCIL 2
CHAPTER 3 - CO UNCIL MEETINGS 14
CHAPTER 4 - A GENDA 22
CHAPTER 5 - M EETING RULES OF CONDUCT AND DECORUM 25
CHAPTER 6 - A DMINISTRATIVE MATTERS 37
CHAPTER 7 - RE LATIONSHIP AND CONDUCT 40
CHAPTER 8 – COMMUNICATION AND REPRESENTATION 44
CHAPTER 9 - C OMMISSIONS, COMMITTEES AND BOARDS 53
CHAPTER 10 - ENFORCEMENT 57
-i-
Chapter 1
1 CHAPTER 1 ‐ INTRODUCTION AND PURPOSE
I. PURPOSE OF MANUAL
A. Compile, Revise and Adopt Rules and Policies. By adopting this Policy and Procedures Manual (“Manual”), the City Council of the City of Victorville (the “City Council” or “Council”) hereby establishes updated Rules of Procedure for the preparation of its agendas, conduct of its meetings, and transaction of other City Business. In addition, by adopting this Manual, the City Council further compiles, consolidates, updates, and supersedes any prior Council Policies, Resolutions, rules, and related administrative procedures that have been formally adopted by the City Council addressing the subject matter and/or the topics discussed herein.
B. Provide Standards and Guidance. The purpose of this Manual is to set a standard of professionalism for the conduct of the City Council’s business. Victorville has a long and proud tradition of open government and civil, intelligent public discourse. This Manual is intended to enhance public participation and Council debate so that the best possible decisions can be made for Victorville. While attempting not to be overly restrictive, procedures, policies, and codes of ethics and conduct are being established and/or clarified so that expectations and practices are clearly articulated to guide City Councilmembers in their day -to-day conduct and actions.
C. Ease of Reference. Having the majority of the rules, procedures, practices and policies (hereinafter collectively “Rules”) of the Victorville City Council consolidated and contained in a single, easily -accessible document will clarify expectations and responsibilities and will streamline the conduct of meetings and other City Council business in the public interest.
II. EFFECTIVE DATE AND PERIODIC REVIEW/UPDATE OF MANUAL
A. Effective Date. The Rules contained in this Manual shall be in effect immediately upon their adoption by City Council resolution and shall remain in effect until such time as this Manual is amended and new Rules are adopted and/or updated by City Council resolution.
B. Biannual Review. This Manual will be reviewed every two (2) years with the intent that any necessary revisions be made only at such time which review will occur in August of such year, if needed, by City Council Resolution.
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 (hereinafter “consensus”) 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. Effective as of the organization meeting of 2024 and with respect to Mayoral terms, the following provisions shall apply: A Mayor shall serve no more than two (2) consecutive terms per each term of office as Councilmember, unless additional service is granted by a two-thirds (2/3) affirmative vote of the entire Council membership. A Councilmember may serve a third year as Mayor during his or her current term of office without the two-thirds (2/3) requirement, provided he or she did not hold the office of Mayor during the preceding year and he or she receives a majority vote of the entire council . The newly-appointed Mayor and Mayor Pro Tem shall undertake their positions immediately following the majority vote or assumption to office. In no circumstance shall a change be considered to the Policy Manual regarding the appointment process for the office of Mayor and/or Mayor Pro Tem once the organizational item has been posted to the agenda.
The nomination and appointment procedure for the office s of Mayor and Mayor Pro Tem shall be conducted in successive order and as shown below.
Chapter 2
3 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.
4. The City Clerk calls on each Councilmember to cast by verbal vote the name of his or 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 appointment to the office of Mayor Pro Tem. The appointment of the Mayor Pro Tem shall not occur until the appointment process for Mayor as provided herein has been completed.
Should the City Council fail to appoint a new Mayor, eith er due to insufficient votes or tie -vote procedures outlined in Chapter 5, Section II.R, the City Council shall reconsider the appointment during one final vote at the next regular meeting. Abstaining from any appointment vote counts as an affirmative vote for the current Mayor.
If no consensus on a new Mayor is reached after two consecutive Council meetings, the Mayor Pro Tem will assume the role, provided he or she is willing to serve.
If the Mayor Pro Tem does assume the Mayoral role, his or her vacated position shall open for nominations at the next regular Council meeting. Should the Council fail to appoint a new Mayor Pro Tem, after following the nomination provisions , set forth above, the position shall remain vacant until the next election cycle or until such time as the Council is willing to come to a consensus, whichever is sooner.
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 to:
1. 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; Chapter 2
4 2. enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of this Manual;
3. determine the order of business at meetings of the City Council; and
4. 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.
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. During a public meeting held in City Council chambers, the Mayor assumes the center chair on the dais and oversees the seating location of the other Councilmembers at all such meetings of the City Council..
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 shall perform the duties of the Mayor, including acting as the Presiding Officer at meetings. The Mayor Pro Tem is duty- bound to the Council as a whole and to Victorville, rather than to the Mayor. When both the Mayor and the Mayor Pro Tem are absent from any meeting of the Council, the City Clerk shall call the Council meeting to order, whereupon a temporary Presiding Officer shall be appointed by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tem, or until adjournment, whichever comes first.
G. Request to Allow City Clerk to Assist in Running a Portion of a Meeting. The Presiding Officer at any City Council meeting, be it the Mayor or Mayor Pro Tem as applicable, may request that the City Clerk assist in running a portion of the meeting.
H. New Councilmember Orientation. The Mayor will lead, with the assistance of the City Manager, new Councilmember orientations.
IV. ROLE AND DUTIES OF ALL COUNCILMEMBERS
A. Annual Review of Residency
Government Code Section 36502(a) requires Councilmembers of this City to maintain a legal residence or domicile within the City of Victorville and rules regarding this 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 Chapter 2
5 domicile within the City of Victorville. To be considered certified, each proof of residency as described below must contain the house number (and apartment number if applicable) and street name of the residency or domicile in an unredacted state.
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 da ys of the year (January 1st to 31st) and within 30 days of any change in residency . Acceptable forms for proof of residency are as follows:
1. Home Ownership. Proof as follows:
(a) 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
(b) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is his or her primary residence. If the elected official does not have a tax exemption on file, he or she must submit an affidavit signed by the elected official verifying that the home is the primary residence; or
(c) 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 his or her primary residence.
2. Rented or Leased Property. Proof as follows:
(a) 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 that demonstrates the elected official resides at the specified address; or
(b) 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 the landlord or owner's property
3. Current Motor Vehicle Registration or California Driver’s License. Proof as follows:
(a) Motor vehicle registration showing it is registered to the elected official for the residence claimed, or
(b) a valid California driver's license showing that the address on his or her license matches the residence claimed.
If the residence address on either the driver's license or auto registration is in the 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 fact in process. If Chapter 2
6 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 the address on the identification document is consistent with the address shown on his or her current voter registration.
4. Current Utility Bill. Proof as follows:
(a) The utility bill must be in the elected member's name and show that the service address is within the Councilmember’s respective District. In the event a utility bill has yet to be 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 states the landlord or other legal entity will pay the utility bill, the elected official must submit an affidavit signed by the landlord or other legal entity's authorized representative, attesting to that fact.
5. Other Documents. Proof as follows:
(a) School records or any official document issued by an accredited educational institution, sealed by the school, or
(b) current paycheck stub or personnel record issued by the elected official's employer, or (c) current homeowner or renter insurance policy, or
(d) current documents issued by any California court or a federal court that lists the name of the elected official and his or her residence address, or (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.
In addition to 5 (a )-(e) above, the elected official must sign an affidavit attesting, under penalty of perjury, his or her current place of residence.
In the event a Councilmember move s to a new residence within the District after filing any previous affidavit, the elected official must confirm the new address within 30 days of moving by providing one of the documents listed in items 1 through 5 and an affidavit to the City Clerk.
Incumbent Councilmembers 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 attesting, under penalty of perjury, that they have not relocated and that all previously submitted information remains true and correct. The City Clerk shall confirm that the residence address on the incumbent’s voter registration is consistent with previous documents submitted in order to demonstrate the residence address is within the boundaries of the District in which the Councilmember was elected or appointed to office.
Failure to provide any of the above-required documents on or before January 31st of each year and/or within 30 days of moving to a new residence shall be referred to the City Chapter 2
7 Council for further action and could result in his or her office becoming vacant in accordance with Government Code Section 36502, and the City Council could take an action to remove said Councilmember.
Government Code Section 36502(a) provides:
“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 may consider taking action to remove the Councilmember from committee assignments and access to public facilities outside of normal working hours and/or initiate an investigation to determine the Councilmember’s place of residence.
In order to ensure compliance with these requirements, City staff shall provide an update as to compliance in February of each year as part of a February consent calendar item.
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 or he r best work, and move meetings forward in a meaningful way, it is incumbent upon each Councilmember to promptly seek answers to questions he or she may have about the posted agenda items and agenda -package materials for the immediately pending meeting. Toward fulfilling these objectives, Councilmembers should seek the aforementioned assistance from the City Manager, City Attorney, City Clerk, or such Senior Management as the City Manager may designate (e.g., Assistant City Manager, Deputy City Manager, City Eng ineer, Public Information Officer, City Department Directors, or the Police Chief) as soon as possible after receipt of the agenda package and prior to the meeting to which the agenda package relates.
3. Avoid Unfair Surprise . Councilmembers should advise the City Manager in advance of issues or questions they intend to bring up at a public meeting. This refers to issues and questions that City staff would not normally anticipate or have researched for that particular meeting.
4. Report Possible Absences. Each Councilmember shall report immediately to the Mayor and City Clerk any likelihood of absence in order to ensure the most effective facilitation of City Council meetings. To the extent any Councilmembers are absent or going to be Chapter 2
8 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.
5. Effect of Unexcused Absences . As provided in Government Code Section 36512(a) if a City Councilmember is absent without permission from all regular City Council meetings for sixty (60) days consecutively from the last regular Council meeting he or she attended, his or her office becomes vacant or shall be filled in accordance with Section IV .D hereinbelow.
C. Councilmember Appointments and Assignments. Following nominations by individual Councilmembers, the City Council confirms by a majority vote of the entire membership its appointments to City commissions, boards, and standing committees, as well as its 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 be facilitated by the Presiding Officer and follow the same nomination procedures as provided in Chapter 2, Section II , points 1-7 of this Manual relating to the nomination of the Mayor and Mayor Pro Tem. See Chapter 9 as to the roles and duties of such committee, commission, and board appointees, and additional rules relating to nominations and the filling of vacancies. Chapter 9 also provides rules relating to the creation and purposes of Ad Hoc subcommittees composed of less than a quorum of the City Council.
D. Council Vacancies. Whenever a vacancy occurs in the office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code section 36512 or the provisions of any ordinance adopted by the City Council thereunder. If a vacancy is to be filled by appointment, and in order that the Council may select the candidate best suited to the position, the City shall initiate an application and interview process which shall be robust, uniform, and free from the appearance of impropriety. Except for official communication with the City Ma nager’s office, which includes the City Clerk, all contact between Councilmembers and candidates regarding the appointment process and/or potential appointment is restricted to a formal interview process during a public meeting. Any candidate who violates this protocol may be excluded from appointment. An ad hoc subcommittee of less than a quorum of the Council shall develop the process for appointment, which is subject to Council approval.
E. Leadership, Goals, and Policy; Ex-Officio Roles of the City Council.
1. Leadership, Goals, and Policy. City Councilmembers are elected to provide leadership in setting goals and in formulating policies. The City Council is the focal point for identifying and interpreting the wishes of the citizens and translating these into specific programs.
Successful goal setting and policy formulation largely depend on a good working relationship amongst the Council and between the Council and the 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.
Chapter 2
9 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 Library Board of Trustees, the Successor Agency to the Victorville Redevelopment Agency, the Housing Assets Successor, and the Victorville Joint Powers Financing Authority (“JPFA”), with all meetings being held concurrently. References made in this Manual to the City Council also include the Council when acting in it its roles as the boards of the aforementioned entities.
F. Engaging in Legislative and Quasi -Judicial Decisions/Acts . Almost all actions or decisions made by the City Council fall into one of two categories: legislative or quasi-judicial.
1. Legislative. These actions/decisions formulate rules to be applied to all future cases.
Examples include, but are not limited to: adoption and amendments to municipal codes, general plans, zoning codes, and personnel regulations. These actions are generally taken by ordinance or resolution.
2. Quasi-Judicial. While legislative actions establish public policy and rules applicable to groups of property or people, quasi -judicial proceedings affect individual properties or parties. Quasi- judicial proceedings involve the application of established standards to individual facts to determine specific rights or to take specific actions under existing law.
3. Due Process. The distinction between these two types of acts/decisions comes into play in the due process afforded to parties (particularly in the public and appeal hearing context), as explained in more detail in Chapter 3, Section VI of this Manual.
G. Issuing Subpoenas. Pursuant to Government Code section 37104, the City Council may issue subpoenas to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before the Council. The form of oaths administered by the City Clerk will be substantially in the following form:
<Name of affiant>
“I hereby declare or affirm under penalty of perjury that the testimony I am about to give before the City Council is the truth.”
H. Compliance with Code of Ethics. On July 7, 2009, the City Council adopted Resolution No. 09- 059 establishing a Code of Ethics setting forth principles and standards of conduct to be observed by all Councilmembers. Immediately upon adoption of this Manual by resolution of the City Council, Resolution No. 09-059 shall be superseded in its entirety by the provisions of Section V, below.
I. Handling Concerns or Complaints from the Public and Staff. Councilmembers shall function within their established roles when listening to concerns or complaints from the public and staff. While it is important to be available when issues arise, Councilmembers shall abide by uniform procedures to ensure matters are handled expeditiously and everyone is treated respectfully and fairly. Councilmembers shall remain neutral when receiving reports, conveying that they have no individual authority to resolve issues and further recognizing Chapter 2
10 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.
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 Chapter 2
11 treatment of all persons, claims and transactions coming before the Victorville City Council.
2. Comply with the Law . Councilmembers shall comply with the laws of the nation, the State of California, and the City of Victorville in the performance of their public duties.
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 high standards of civility, respect, 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.
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 or her authority, 2) use his or her position to influence others unduly or, 3) use his or her title to improperly gain leverage or preferential treatment.
9. Confidential Information. Councilmembers shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests.
10. Use of Public Resources . Councilmembers shall not use public resources, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes.
Chapter 2
12 11. Advocacy. Councilmembers shall represent the official policies or positions of the Council to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, Councilmembers shall explicitly state they do not represent the opinion of the entire Council.
12. Positive Workplace Environment. Councilmembers shall support the maintenance of a positive and constructive workplace environment for their employees, City employees, private citizens, and businesses dealing with the City. Councilmembers shall recognize their role in individual dealings with City employees. Councilmembers shall not be immune to potential liability and/or legal proceedings by City employees when the rights of such employees who are acting within the scope of their employment have been infringed upon or violated by Councilmembers.
13. Policy Role of Councilmembers . Councilmembers shall respect and adhere to the Council-Manager structure of Victorville City government. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, boards, commissions, and City staff. Councilmembers shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions.
14. Enforcement. Councilmembers have the primary responsibility to ensure that this Code of Ethics is followed so the public may have full confidence in the integrity of government.
Although this Code of Ethics and Conduct is intended to “be self -enforcing” and will be most effective when Councilmembers are thoroughly familiar with and embrace its provisions, City Councilmembers who intentionally and/or repeatedly do not follow proper conduct may be subject to disciplinary sanction (a statement or resolution of repudiation), formal censure, and/or punishment pursuant to Government Code Section 36813 as set forth in Chapter 10 of this Manual. Any punishment meted out is at the discretion of the Council and may include removal of the Councilmember from committee assignments.
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. On March 28, 2023, during the Governance Workshop, Council revised said norms to the following:
Chapter 2
13 1) We conduct ourselves in a professional
manner during meetings and beyond.
2) We respect open government both in
word and deed.
3) We expect civil, intelligent public
discourse.
4) We are efficient in our meetings.
5) We treat all members of the public
with respect.
6) We contribute to a positive
workplace environment.
7) We yield ourselves to the Council-
Manager form of government, and
Council members 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 foster a good working relationship
between Councilmembers and staff to
promote 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 support staff’s obligation 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 comply with 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 or she determines there is no business to be conducted at the meeting.
Appropriate notices will be provided. Solely for the purpose of confirming unavailability of members prior to cancelling a meeting, the City Clerk may poll the members of the City Council provided that the City Clerk does not communicate to any Councilmember the Chapter 3
15 responses of any other Councilmembers polled. Written notice of cancellation shall be given to each Councilmember and further shall be posted and distributed to the same parties and in the same manner as the agenda for regular meetings.
IV. MEETING MINUTES
A. Action Minutes. The City Council will use action minutes, which, at the discretion of the City Clerk, will contain either very little, if any, narrative content or a light summary to record their proceedings both during Open Session and Closed Session discussions. Action minutes will include final motions and will note for the record how each Councilmember voted. The minutes will also reflect the names of public speakers, if stated, and may contain brief summaries of the nature of comments, and in public hearings whether they spoke in support or opposition of the agenda item at issue. The City Clerk will have exclusive responsibility for preparation of the minutes, and any corrections to the minutes will be made by majority vote of the City Council.
B. Reading Not Required. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, the minutes may be approved without a reading if the City Clerk has previously furnished the draft minutes in the City Council agenda packet.
C. Draft Minutes. Draft minutes of meetings are generally submitted to the Council for approval with the agenda packet. Any Councilmember who was absent from the prior meeting may participate and vote on the approval of the minutes and need not abstain on the approval of the minutes for that meeting.
D. Recordings. Recordings of all regular and special meeting proceedings are maintained by the City Clerk for a period of 2 years or as provided for in the City’s currently -adopted records- retention schedule. Closed Session discussions shall not be recorded unless mandated by a court of competent jurisdiction. The City Clerk shall take action minutes of all Closed Session items.
V. CONDUCT OF BUSINESS
A. Generally. The order of business for a Council Meeting is generally shown on the agenda in the order set forth in Section B, below, but may be modified, when necessary, on a case-by- case basis by the Mayor on his or her own prerogative or by the City Manager.
B. General Order of Agenda Items of Business for Council Meetings.
1. Closed Session
• Call to Order/Roll Call
• Public Comment on Closed Session Items
• Declaration of Closed Session Items by City Attorney
• Recess to Closed Session
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16 • Adjourn Closed Session
• Return to Open Session
• Closed Session Announcements by City Attorney
2. Regular Session
• Call to Order/Roll Call
• Closed Session Announcements by City Attorney (to the extent not made immediately following Closed Session as noted above)
• Invocation/Pledge of Allegiance
• Proclamations/Special Presentations
• City Clerk Presents Agenda/Revisions to Agenda to the City Council • Conflict of Interest Declaration(s)
• Public Comments on any agenda item, except for public hearing items, as well as on topics of interest to the public that are within the subject matter jurisdiction of the City Council
A. Appeal Hearings
B. Public Hearings
C. Consent Calendar
D. Written Communications
E. City Manager Reports/Possible Upcoming Agenda Items/Reports from Council Members
3. Adjourn
C. Public Interest . The public interest shall be taken into consideration when the order of business on the agenda is modified. When feasible, topics anticipated to be of greatest interest to the public will be placed at the beginning of the agenda.
VI. DESCRIPTION/EXPLANATION OF PURPOSE OF CERTAIN AGENDA ITEMS
A. Closed Session . The City Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law, to consider or hear any matter that is authorized by State law. The City Council shall exclude from any such closed session any person or persons who it is authorized by State law to exclude from such closed sessions. The general subject matter for consideration shall be shown in the agenda posted for such session pursuant to the procedures set forth in the Brown Act. The City Attorney declares the items on the Closed Session Agenda and makes reports following Closed Sessions in accordance with the Brown Act.
B. Public Comment Periods. Depending on the meeting, these periods are provided at the start of the Closed and Regular Sessions and prior to Council’s consideration of agenda items to satisfy the requirements of the Brown Act. These periods provide the ability for members of the public to address the Council on items appearing on the agenda or on other matters of interest within the jurisdiction of the City Council that do not appear on the agenda.
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17 1. Restrictions. Public Comment Periods should not be 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 or herself from participating in a decision of the Council on a particular agenda item for a financial or other conflict of interest and further is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in sections 18707(a)(3)(C) and 18704(d)(2) of the regulations of the Fair Political Practices Commission (“FPPC”).
2. Reasonable Time, Place, and Manner Limitations. Time and other reasonable limitations may be placed on these comment periods as more particularly described in Chapter 5, Section III of this Manual.
C. Appeal Hearings . Certain decisions made by the City’s Planning Commission, the City Manager, Senior Management, department heads, and/or hearing officers (as specified in the City’s Municipal Code or other applicable law) can be appealed to the City Council. Such decisions usually involve quasi-judicial matters, e.g., granting or denying of permits/licenses or other entitlements.
1. Quasi-Judicial Decisions. If a quasi-judicial appeal is at issue, the City Council must follow stricter procedural requirements similar to those used in a court. (“Quasi-judicial” means court-like.) Fair hearings and impartial decision -makers are required. Quasi-judicial hearings must be conducted in accordance with the principles of due process. When the City Council is acting as the decision -making body in quasi -judicial hearings, Councilmembers must refrain from testifying as members of the public, as such participation absent a recusal from the decision could impair due process and create conflicts of interest.
2. Other Public Hearings. Public hearings held prior to adoption of ordinances or other legislative/policy matters can follow less strict standards.
D. Public Hearings. In general, a public hearing is an open consideration within a regular meeting of the City Council, for which special notice has been given and may be required. During a specified portion of the hearing, residents or concerned members of the public are invited to present protests or offer support for the matter under consideration, subject to reasonable time and other limitations.
1. Held 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.
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18 2. Cancellations and Continuances of 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. Rules for 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 or her behalf.
(e) No further continuances shall be granted unless, in its discretion, the City Council determines by majority vote that it is necessary to do so after considering the testimony and findings presented at the hearing.
4. General Public Hearing Procedure. Public hearings shall generally be conducted as follows:
(a) Staff presents its report, either by way of a written staff report or by in- person oral presentation.
(b) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.
(c) The Presiding Officer opens the public hearing.
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19 (d) Members of the public may present their comments, subject to time limits established by the Presiding Officer and/or this Manual.
(e) The Presiding Officer closes the public hearing after everyone wishing to speak has had the opportunity to do so.
(f) Council deliberates and takes action.
5. General Quasi -Judicial Public Hearing Procedure (Land Use Matters and Appeal Hearings). If a public hearing involves a quasi-judicial matter, the provisions of Section VI.C.1 of this Chapter and other due process procedural safeguards will apply. Although the City Attorney shall advise the Council in this regard, such public hearings shall generally be conducted as follows:
(a) Councilmembers must state for the public record the nature of any ex parte communication or information obtained outside the Council Chamber s, such as discussions with individuals, field trips, and views of the premises . Councilmembers must disclose with whom the ex parte communication was made and briefly state the substance of the communication.
An ex parte communication is defined as a communication made with a Councilmember outside a Council meeting with any person except the City A ttorney concerning a quasi-judicial proceeding to be heard by the City Council.
(b)
Staff presents its report, either by way of a written staff report or by in- person oral presentation.
(c) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.
(d) The Presiding Officer opens the hearing.
(e) The applicant and/or appellant have the opportunity to present comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his or 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 or 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 rebuttal comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his or her rebuttal case unless additional time is granted by a majority vote Chapter 3
20 of the Council. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his or her views.
(h) The Presiding Officer closes the hearing after everyone wishing to speak has had the opportunity to do so.
(i) Council deliberates and takes action.
E. Consent Calendar. Items on this portion of the agenda include matters considered to be of a routine, administrative, or non -c ontroversial nature, such as approval of the minutes for a prior meeting(s), approval of the register of demands, and second readings of ordinances.
Any discussion shall be limited in nature, and those items so listed shall be approved and adopted by one motion of the Council and a roll call vote.
1. Clarification or Comment. Councilmembers may comment very briefly on Consent Calendar items or ask for minor clarifications of the staff report 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. The Presiding Officer may, at his or her discretion, ask Councilmembers for any comments or questions. The opportunity to comment and ask for quick clarification shall not to be used in lieu of advance preparation for the meeting.
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. In that case and before the Presiding Officer or City Clerk calls for the vote, t he Councilmember would state that he or she wishes to vote “no” on the item. 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.
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21 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 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 or her three-minute speaking limit.
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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.B 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).
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23 D. Minimum Requirements. The agenda specifies the time and location of the meeting and a brief general description of each item of business to be transacted or discussed, including items to be discussed in Closed Session, if any. Each agenda item description includes a recommendation to the City Council of the action to be taken.
III. AGENDA ITEM SUBMISSION
A. Placing Items on the Agenda. As provided in sections B, C, and D, below, persons who may place matters on the agenda are City Councilmembers; the City Manager or his or her designated Senior Management staff; and the City Attorney. The City Council may also consider a request from a member of the public to place an item on a future agenda.
B. Councilmember Agenda Requests. To place an item on a future agenda, any Councilmember, including the Mayor, may make a motion or a request to do so during the “Discussion and Possible Action Regarding Items for the Upcoming City Council Agenda” portion of the agenda. In addition, a Councilmember, including the Mayor, may at any time during a meeting make a request or motion to place an item on a future agenda, if the item proposed for future consideration arises in direct relation to an item being discussed. Any request(s) made by a Councilmember shall be done with a simple contextualization and shall not exceed three (3) minutes unless there is an agreement by a majority vote of the Council to extend the time. No substantive discussion on the subject of the motion or request may occur except to explain the general nature of the item and the issue of timing for its placement on a future agenda. Limited questions may be asked for clarification or to help Councilmembers ascertain whether the motion or request is timely.
1. Second and Majority Vote Required. If the motion or request to place an item on a future agenda is seconded and approved by a majority vote of those Councilmembers present, the proposed item will be placed on a future agenda. If there is no second, the motion dies and may not be proposed again at future meetings without the requisite suspension of rules for reconsideration.
2. Timing Direction. If the motion provides specific direction regarding timing, the approved item together with a staff report will be placed on a future agenda consistent with that direction. If the motion is silent regarding timing, appropriate City staff will be directed to prepare a staff report, and the approved item will be placed on a future agenda at the earliest suitable time, as determined by the City Manager and the Mayor.
3. Alterations to the General Order of Agenda Items. 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, 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.
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24 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 or her own initiative when circumstances warrant, the City Manager and the City Attorney may place items on the agenda.
D. Agenda Requests by Members of the Public . Upon agreement of a majority of the City Council, the City Council will determine whether to place on a future agenda an item requested by the public. A member of the public may request placement of an item on the agenda for Council consideration in the following ways:
1. A member of the public may write a letter to the City Council.
2. A member of the public may speak during the Public Comment period at a City Council meeting.
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25 CHAPTER 5 ‐ MEETING RULES OF CONDUCT AND DECORUM
I. PARLIAMENTARY RULES AND GENERAL AGENDA ITEM PROCESS
A. 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 his or her designee and/or the Submitter/Requester of the agenda item briefly introduces the item.
3. Staff presents its report (as needed), either by way of a written staff report or by an in - person oral presentation.
4. Councilmembers may ask questions of the City Manager and/or such City staff as the City Manager may designate, although Councilmembers are encouraged to seek clarification by asking or providing such questions prior to the meeting. Councilmember questions on an item may not exceed two (2) minutes unless an extension of time is granted by the Presiding Officer. Extensions granted may be appealed or overruled by a majority vote of the Council.
5. The Presiding Officer invites a motion.
6. Following a valid motion and second, the Council discusses, deliberates, and takes action as described in this Chapter.
7. An affirmative vote of the Council carries the motion, as described herein.
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26 II. RULES OF DISCUSSION AND DEBATE
A. Civil Discourse Among Councilmembers. The Victorville City Council believes that a respectful and professional environment is essential for both effective governance and the City's success as a whole. Therefore, all Councilmembers are expected to engage in civil and respectful discourse, both within meetings and beyond. This includes avoiding personal attacks, derogatory remarks, and unsupportive gestures and sounds, along with refraining from insults and inflammatory language. Instead, Councilmembers should prioritize reasoned debate, presenting viewpoints logically and respectfully, acknowledging differing opinions, and collaborating to find solutions that best serve the Victorville community. Councilmember conduct should foster confidence in their leadership and ability to work together effectively.
B. Presiding Officer Responsibilities.
In addition to the role and duties of the Mayor described in Chapter 2 of this Policy Manual, the Chair (Presiding Officer) has additional duties during Council meetings . They are as follows:
1. Fairness and Courtesy. The Chair will be respectful and fair in all rulings.
2. Maintaining Order and Decorum.
(a) Prevent the misuse of motions.
(b) Prevent repeated motions intended to delay progress. (c) Rule disruptive motions “out of order.”
(d) Stop actions and unprofessional conduct that hinder council business.
3. Presumption of Good Faith. When a C ouncilmember makes a motion, the Chair will assume it's done with good intentions.
4. Participation in Discussions. Like other Councilmembers, the Chair may propose motions, second them, participate in debates, and vote.
5. Managing Communication with the Audience. The Chair is the primary point of contact with the audience. Other Councilmembers may only address the audience with the Chair's permission.
6. Adjournment. The Chair may declare the meeting adjourned without a vote if no Councilmember objects. (Special rules apply for adjournment if the meeting is being disrupted. See Chapter 5, Enforcement of Decorum.)
C. Protocols for Speaking.
1. Councilmembers must address the Presiding Officer to gain permission to speak.
2. They must stay on topic while speaking, confining themselves to the subject matter, item, or motion being currently considered by the Council.
3. They must engage in civil discourse as described above.
D. Questions to Staff.
1. Councilmembers must be recognized by the Chairperson to ask staff questions.
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27 2. Questions shall be directed to the City Manager or City Attorney, who will answer or delegate.
3. Assuming prior review of materials, questions asked shall be for clarification of the staff report and/or other presentation, must be limited to the central purpose of the agenda item, and shall have a two-minute limit per agenda item, excluding staff responses, unless extended by the Presiding Officer. Should the Presiding Officer wish additional time for himself or herself, it is appropriate to seek a majority vote.
4. Statements disguised as questions may be rejected by the Chairperson.
E. Councilmember Comments.
1. Comments must stay relevant to the motion on the floor.
2. The Chairperson decides relevance, but this can be appealed to the entire Council.
3. Councilmembers should limit comments to three (3) minutes per agenda item (excluding the 2-minute question period) unless extended at the discretion of the Presiding Officer.
4. The Chairperson or Clerk will signal when a Councilmember nears the three-minute limit.
5. No Councilmember may speak again on an item until everyone else who wants to speak has spoken once.
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 or she shall cease speaking until the question of order is determined. If interpreted to be in order, the Councilmember 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 or 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.”
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28 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 or 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 or call the question as a first step to suspend further debate and immediately bring the motion/question to a vote. The calling of the question shall not be made in a manner that prevents any Councilmember from voicing an opinion or providing brief, concise, and relevant information with respect to the item being considered. Should any member wish to further comment, the calling of the question becomes a formal motion, requiring a second and a two-thirds (2/3) vote of those present and voting to pass. 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.
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. Except in the case of Tie Votes described in Subsection R, below, f ailed 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. Request for Synopsis of Debate in Minutes . A Councilmember may request through the Presiding Officer the privilege of having an abstract of his or 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 or 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 Chapter 5
29 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.
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 or 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) With one exception for voting for the office of the Mayor, a ny 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. Any abstention for the office of Mayor counts as an affirmative vote for the current Mayor.
2. Silence During the Vote. Unless a Councilmember states that he or 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 speci fic State law requirements, a motion carries with a majority vote of a quorum of the City Council.
4. Tie Votes. The matter underlying a motion that failed solely due to a tie vote may be reintroduced once for a final determination at a future meeting with a new motion by the Council. It does not require suspending the rules. For appeals, if there is no affirmative vote, Chapter 5
30 the decision appealed stands as decided by the decision-making person or body from which the appeal was taken, i.e., the original decision remains in effect.
5. Changing a Vote. A Councilmember may change his or her vote only if he or she makes a 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. A Councilmember who publicly abstained from voting on a particular matter shall not subsequently be allowed to withdraw his or her abstention, regardless of timing.
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 or she may remain present at the dais.
T. Councilmember Speaking as a Member of the Public. To the extent a Councilmember decides to speak on an item by leaving the dais and speaking from the public podium, such Councilmember relinquishes his or her ability to speak on the same item upon his or 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 or 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 or 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 or 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.
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31 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.
(b) During Public Hearing items, each person desiring to address the Council shall step up to the microphone at the podium, state his or her name (and address if desired) for the record, state whom he/she is representing, and whether he/she is representing an organization or other persons. Each speaker shall be allotted three (3) minutes in which to comment, unless the Presiding Officer determines that based on the significant nature of a public hearing item, that additional public comment time should be allowed. In such event, the Presiding Officer may grant an extension of public comment time, not to exceed two (2) minutes per speaker. Extensions granted may be appealed through a valid motion and overruled by a majority vote of the Council.
(c) During the Public Comment period and during Public Hearing items, speakers should not approach the dais unless authorized to do so by the Presiding Officer. All remarks shall be addressed to the Council as a whole and not to any member thereof. No questions shall be asked of a Councilmember, a member of the City staff, or member of the audience without permission of the Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer.
(d) During Public Comment periods members of the public may ask questions related to agenda items. However, in order to ensure compliance with the Brown Act the City Council is not required to answer such questions since depending on the nature of the questions, the issues raised may be beyond the scope of the subject matter of the agenda items. Nevertheless, in accordance with Government Code Section 54954.2 (a)3, the Presiding Officer may briefly respond or have staff respond to statements made or questions asked or may request that staff report back to the Council at a subsequent meeting concerning any matter raised by the public.
(e) During public comment periods and irrespective of the subject or viewpoint to be expressed, no speaker shall be permitted to show a video, make a PowerPoint presentation, or otherwise utilize any other form of electronic visual display technology requiring advanced set up and/or the use of projectors or other specialized equipment. Such controls are intended to help all speakers maximize their time when addressing the City Council, instead of dealing with potentially time - consuming setup or technical difficulties.
2. Spokesperson for Group of Persons . To expedite matters and avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter or item, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council; and in case additional matters are to be presented by any other member of said group, to limit the number of
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32 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 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 and shall preserve courtesy, respect, and tolerance for all viewpoints. 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 and furthermore they address their colleagues as a whole, not the audience. 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 or she is speaking, 3) engage in side conversations or, 4) refuse to obey the orders of the Presiding Officer. The Presiding Officer and Council as a whole shall address inappropriate conduct and 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.
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33 (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 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 or her electronic devices, particularly when it has been activated, that Councilmember 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 f or 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 where official City business is presented, Councilmembers shall not audio record, video record, live stream, or broadcast from the podium, stage, platform, etc., without the advance knowledge of the City Manager and the advance written permission of the event host. If the City is the host, the City Manager may, at his or her discretion, grant permission.
(f) Microphones, Loudspeakers, Megaphones, Sound/Voice Amplifiers.
Councilmembers and members of the public shall not use non- city-provided Chapter 5
34 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 or her assigned seat.
(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. Likewise, Councilmembers shall not be unduly swayed by a packed audience.
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 exceptions that City staff members and employees may leave their seats during a meeting without first obtaining the permission of the Presiding Officer and may utilize the internet, as may be necessary from time to time in furtherance of City business. In no circumstance shall City staff members or employees communicate with Councilmembers via any e-communication as described in Section III.B.1(b) above.
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 Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
4. Members of the Audience. To strike a balance between upholding the right to free speech and assembly, while ensuring a respectful and productive environment for conducting official business, 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 or 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.
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35 C. Enforcement of Decorum. The rules of decorum set forth above shall be enforced in the following manner:
1. Warning for Disruptive Behavior . In accordance with Government Code § 54957.9 and 54957.95, if an individual, a group, or groups of persons disrupt the meeting by behaving disorderly, the Presiding Officer shall issue a warning. This warning will remind them to maintain order and inform them that continued disruption may lead to removal from the meeting.
Disrupting is defined as engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:
(a) a failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Government Code Section 54953.3 or any other law, or
(b) engaging in behavior that constitutes use of force or a true threat of force.
2. Removal for Continued Disruption. If the disruptive behavior does not promptly cease after the warning, the Presiding Officer may order the removal of the individual or group from the meeting. Law enforcement officers present at the meeting, acting as sergeants- at-arms, shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum and are authorized to enforce an order of removal.
3. Clearing the Meeting Room. In extreme cases when the removal of an individual, a group, or group of persons fails to restore order and the meeting cannot proceed, the Council may take action to clear the meeting room and continue in session. Only matters appearing on the agenda will be considered.
4. Media Access . Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend the session.
5. Re-admittance. The Presiding Officer holds the discretion to re-admit any individual who was not responsible for willfully disrupting the meeting.
6. Motion to Enforce. If the Presiding Officer 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 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 its choosing in this section.
7. 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 Chapter 5
36 of the Council, and any remaining Council business may be considered after the recess or at the adjourned or next meeting.
Chapter 6
37 CHAPTER 6 ‐ ADMINISTRATIVE MATTERS
I. ADMINISTRATIVE SUPPORT
General staff and administrative support to members of the City Council is provided through the City Manager’s Office. Administrative services, including the scheduling of appointments, receipt of telephone messages, and word processing, are available as needed. Sensitivity to the workload of support staff members in the City Manager’s Office is appreciated. Please note that individuals may have other work assigned with high priority. Councilmembers shall not make demands of the City Manager, City Attorney, or City Employees that communicate a desire for or an expectation of special treatment. In no event shall Councilmembers request administrative support to further personal or campaign/political purposes.
II. MAIL, DELIVERIES, AND E-MAIL
A. Correspondence from the Public. The City encourages the public to send correspondence to the entire City Council, either by traditional post or by e-mail. C orrespondence addressed to the City Council that is received by the City Clerk or by any other officer or employee of the City shall be deemed a public record upon receipt, except as set forth in the Public Records Act (California Government Code § 7920.000 et seq.) or other applicable law.
1. Authority of City Clerk. The City Clerk is authorized to open and examine all mail or other written communications addressed to the City Council and give it immediate attention to the end that all administrative business referred to in said communication not necessarily requiring Council action may be acted upon between Council meetings.
(a) Members of the City Council receive a large volume of mail and other materials from the public and staff. The City Clerk maintains an office mailbox for each member into which written correspondence shall be placed. Councilmembers must check their mailbox frequently.
(b) The City Clerk may provide for a city courier to deliver materials to the homes of Councilmembers when materials are time sensitive.
2. Councilmember Responsibilities . If correspondence is received directly by a Councilmember without the City Clerk having opened and examined same, the Councilmember shall be responsible for providing to the City Clerk the correspondence that is required to be included with agenda material s, 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, other members of the public, government agencies, etc.
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38 1. Status as Public Record. Pursuant to the Public Records Act, any e-mail sent or received by Councilmembers using the City-issued domain e-mail address may constitute a public record and be disclosable upon the City’s receipt of a Public Records Act request.
2. Privacy Limited. Councilmembers have no reasonable expectation of privacy in any e - mail c
orrespondence received by them at their City of Victorville domain e-mail 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-pur chased equipment, such as computers and cell phones, can be provided upon request. Access to the City’s fax machines and e-mail system is also available.
B. Limitations on Use.
1. Brown Act Considerations. The use of technological devices to communicate with a majority of other Councilmembers on any official action to be taken falls within the provisions of the Brown Act. Technological devices include, but are not limited to, phones, faxes, computer e
-mail,
public access cable TV, and video. Use of such devices to pass information for the purpose of developing concurrence on action to be taken outside of a public meeting is prohibited.
2. Other Prohibitions. Personal use of City -issued equipment is prohibited in accordance with Government Code section 8314, except for such minimal and incidental use as specified therein.
IV. USE OF PERSONAL ACCOUNTS AND PERSONAL ELECTRONIC DEVICES FOR CITY BUSINESS
A. Status as Public Records. Text messages, emails, and other electronic communications that deal in some substantive manner with the conduct of City business created on, stored on, and/or transmitted by personal accounts or personal electronic devices may be subject to disclosure under the Public Records Act.
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39 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 or her personal electronic messaging account or device to his or her City electronic messaging account, or
(b) forward the electronic communication to his or her City account as soon as feasible after the original creation or transmission of the electronic communication.
C. Use of City Social Media Sites. The City has established and operates several social media sites for the purposes of promoting updated information to the public of various City events and City related business activities. Such sites include but are not limited to Facebook, TikTok, Twitter Threads, Instagram, YouTube and LinkedIn.
These City social media sites are managed consistent with the Brown Act, the Political Reform Act, and the Elections Code . Except as otherwise authorized by the City Manager in writing , Members of the City Council or members of any City Commission, Board or Committee shall not respond to any published postings, or otherwise participate in any published postings (including such actions as “liking,” “sharing,” or “retweeting”) of the City’s social media sites, or use City social media s ites to respond to, blog, engage in “serial meetings,” or otherwise discuss, deliberate, or express opinions in their “official capacity” on any matter within the subject matter jurisdiction of the City or the Commission, Board, or Committee, as applicable.
D. Compliance and Additional Policies. The City Council shall comply with the above provisions and any additional administrative policies the Council adopts for City -wide application regarding procedures to be followed with respect to communications received on personal accounts and devices when Public Records Act requests are made.
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40 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/Cou nty Management Association (ICMA) Code of Ethics, and the City Council must recognize said Code of Ethics when dealing with the City Manager. The City Manager is responsible to the City Council rather than to individual Councilmembers and directs and coordinates the various departments.
C. Productive Relationship Requirements . The employment relationship between the City Council and the City Manager honors the fact that the City Manager is the chief executive officer of the City. To facilitate a productive work relationship with the City Manager, the City Council and/or individual members shall do each of the following:
1. Except for the purpose of requesting information or assistance, deal with the administrative service under the City Manager solely through the City Manager as indicated in Section 2.04.210 of the Victorville Municipal Code. Neither the City Council nor any member shall give orders to, command the services of, or assign work to any subordinates of the City Manager, either publicly or privately. Alternately, contact may be made directly with Senior Management, as long as a copy of communication is forwarded to the City Manager. Senior Management shall inform the City Manager of all Councilmember contact.
2. Direct the City Manager to implement the Council’s policy decisions through the administrative functions of the City.
3. Treat City staff professionally, and refrain from publicly criticizing or belittling individual employees. Personnel issues are managed through established channels and procedures.
4. Av
oid involvement in personnel issues related to City -Council-a ppointed staff, i.e., the
City Manager and City Attorney, except during City Council Closed Sessions, when issues of hiring, firing, promoting, disciplining, etc., may be addressed appropriately.
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41 5. Discuss directly with the City Manager any displeasure with a department or staff member.
6. Refer complaints to the City Manager for further processing. Staff shall be given adequate time to investigate and respond to such complaints.
7. Receive from the City Manager timely information regarding unusual events that the public would be concerned about; e.g., anyone wounded by gunfire, an area cordoned off by police or fire, a significant event, etc.
8. Avoid communicating with persons or parties in litigation with the City (or any of the entities for which the City Council sits ex -officio as the governing board as noted in Chapter 2, Section IV.E.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;
5. to facilitate the preparation, duplication, preservation, and delivery of Council agenda materials; and
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42 6. to advise City departments about best practices for records management.
IV. RELATIONSHIP AND CONDUCT WITH STAFF
A. General considerations . Governance of a city relies on the cooperative efforts of elected officials, who set policy and priorities, and City staff, who analyze problems and issues; make recommendations; and implement and administer the City Council’s policies. To ensure the proper functioning of these cooperative efforts, Councilmembers must avoid intrusion into those areas that are the responsibility of staff. This is necessary to protect staff from undue influence and pressure from individual Councilmembers and to allow staff to execute priorities given by management and the Council as a whole.
B. Cooperation. Individual Councilmembers, as well as the Council as whole, shall receive the full cooperation and candor of staff in being provided with any requested information.
Requests of the City Attorney‘s office are to be submitted directly to the City Attorney. All other requests of staff are to be submitted through the City Manager’s office.
C. Issues of Pressure or Influence. Individual City Councilmembers shall not make attempts to pressure or influence staff decisions, recommendations, workloads, schedules, and department priorities without the prior knowledge and approval of the Council as a whole.
1. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must prevail upon a majority of the Council at an open meeting to do so as a matter of Council policy.
2. The City Council recognizes the primary functions of staff are in executing Council policy and actions taken by the Council as a body and in keeping the Council informed.
3. Staff is directed to reject any attempt by individual members of the Council to unduly direct or otherwise pressure them into making, changing, or influencing recommendations or business decisions in any manner.
V. REQUESTS FOR RESEARCH OR INFORMATION
A. General Considerations. Councilmembers should generally inform the City Manager prior to communicating directly with any employee below the Senior Management level. A Councilmember may request directly from department heads answers to routine questions or information on a given topic when it will require little or no research and have little or no impact to City operations. The Councilmember should also advise the City Manager of this request. City staff shall inform the City Manager of all Council contact.
B. Responses to Requests . Requests made by individual Councilmembers for information or assistance shall be for the sole purpose of fulfilling his or 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) Chapter 7
43 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-m ail. And to ensure proper responsiveness, Councilmembers are asked to copy both the department head and the City Manager on all correspondence with staff.
F. Access to Certain Information Restricted . There are certain restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRs) under review are not available for release until complete and after review by City management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to members of the City Council. Certain aspects of Police Department affairs, such as access to restricted or confidential information related to crimes, may not be available to members of the City Council.
G. Dissemination of Information. In cases when a staff response to an individual Councilmember request involves written materials that may be of interest to other Councilmembers, the City Manager will provide copies of the material to all other Councilmembers. In making this judgment, the City Manager will consider whether the information is significant, new, otherwise not available to the Council, or of interest to the Council.
H. Disclosure of Information. No Councilmember may, without prior formal authorization of the City Council, disclose any confidential information concerning any other official or employee, or any other person, or any property, or governmental affairs of the City. Whether or not 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 or herself, or any other person. For the purposes hereof, “confidential information” shall mean information that is not generally known in the public and/or is not subject to disclosure under the California Public Records Act or other applicable law. Some examples of confidential information include attorney-client privileged communication, attorney-client work product, personnel, medical, or similar information —the disclosure of which would constitute an unwarranted invasion of privacy. (Govt. Code § 7920.000 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 speaking on his or her own behalf and not as a member of the City Council. This is because when the Council acts, it acts as a whole, not as a group of individuals.
B. General Policy Considerations . An important role of a Councilmember is communication — communication with the public to assess community opinions and needs, communication with staff to provide policy direction, and communication to gain an understanding of the implications of various policy alternatives. Because the City Council acts as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking for the Council. Equally important, when members express personal views and not those of the Council, the public must be so advised.
II. CORRESPONDENCE FROM COUNCILMEMBERS
A. Stationery Use and Related Guidelines.
1. Use of City Letterhead. City letterhead shall be used by the Mayor, Mayor Pro Tem, and City Council only for official City business, communication of adopted City policies and positions, and any related communications. All Councilmembers should be copied on correspondence signed by the Mayor or other Councilmember. Use of City letterhead and/or title on personal matters (those not related to official city business) is not permitted.
2. Personal Stationery . Personal stationery without a City Logo shall be used by any member of the City Council to communicate individual positions, conduct personal correspondence, or communicate positions that may be in opposition to established City Council positions or decisions. Personal stationery shall be printed at the expense of the individual Councilmember, and the aforementioned types of communications shall be mailed at the individual Councilmember’s expense.
3. Correspondence Public Record . All Councilmember correspondence created using City resources, including, but not limited to, City letterhead, postage, envelopes, or staff time, are public records and shall be copied to the full Council, the City Manager, the City Attorney, and the City Clerk.
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45 4. Permission Required. Whenever a Councilmember other than the Mayor wishes to write a letter on City letterhead, he or 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 disciplinary sanction (a statement or resolution of repudiation), formal censure, and/or punishment pursuant to Government Code Section 36813 as set forth in Chapter 10 of this Manual. 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 or 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 resid ents 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 Co uncil 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 Council’s adopted Strategic Plan . For State o r Federal legislation that is actively mov ing Chapter 8
46 through a legislative cycle and requiring immediate attention by the C ity, the Mayor, or in the absence of the Mayor the Mayor Pro Tem, with concurrence from the City Manager, may issue a letter stating the City’s position. In such a case, it shall be the City Manager’s role to concur that such legislation has a direct relationship to the City’s adopted Strategic Plan, and the City Manager reserves the right to ultimately defer this discretion to the City Council.
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 or her designated staff are authorized to issue press releases pertaining to City activities and events of public importance as he or 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 or her absence, shall represent the Council at ceremonial functions organized by the City. The Mayor or Mayor Pro Tem may, at his or her own discretion, ask another Councilmember to represent the Council at that function when neither is available. Staff shall also include any Councilmember who has promoted a project or event in any program or agenda in such a function.
2. Non -C ity Sponsored Events . As a general rule, the Mayor, or the Mayor Pro Tem in his or her absence, shall represent the Council at ceremonial functions not organized by the City upon receipt of an invitation from the sponsor of such event. If neither the Mayor nor the Mayor Pro Tem is available to attend a non
-C
ity sponsored event, he or she may
designate a replacement. Nothing in this provision is meant to preclude a Councilmember from representing the Council at a ceremonial function where the event organizer has requested that a specific Councilmember attend the function.
F. Appearances before Agencies and Organizations . If a member of the City Council appears before another governmental agency or organization to give a statement on an issue affecting the City, the Councilmember should first indicate the majority position and opinion of the Council. Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not represent the position of the City Council.
G. Participation in Community Activities . From time to time, Councilmembers may choose to participate in community activities, committees, events, and task forces. When a Councilmember participates in these types of activities, the Councilmember is acting as an interested party rather than acting on behalf of the City Council. Acting or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representative for the matter.
H. Name Badges. The City issues name badges to all City Councilmembers, the City Manager, the City Clerk, Senior Management, department heads, City Planning Commissioners, City advisory committee members, and other City staff as deemed appropriate by the City Council.
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47 1. Official Use Only. It is not permissible for any City Councilmember or any of the personnel listed in Section H, above, to use his or her badge for any purpose except as reasonably necessary for identification when acting in their official capacities.
2. 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-23-03. Except as specified otherwise in this Section, the provisions of the Expense Reimbursement Policy set forth in Council Policy No. CP -23-03, or any amendment(s) to or successor Council Policy adopted in lieu thereof (“CP -23-03”) shall apply to all City Councilmembers. The provisions of Council Policy Nos. CP-935, CP-73-3, and CP-12-01 to the extent currently in effect, are completely superseded by this Section.
B. Events and Covered Expenses. In furtherance of the City’s goals and strategies set forth in the City’s adopted Strategic Plan (the “Strategic Plan”) and as long as all other requirements of this Section IV are also met, covered expenses (as that term is used in CP -23-03) 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 wishes to be reimbursed by the City, the Councilmember should seek to have the Event and Chapter 8
48 the expenditure approved except as provided below . 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 by the City Council shall not apply when: (i) a Councilmember is travelling for educational or training related purposes that are in direct furtherance of their role as a Council member, and such expenses do not exceed $1,200.00/year; (ii) the Mayor or Mayor Pro Tem is required to speak or offer testimony in support of a legislation position already approved by the City Council; or (iii) a Councilperson is traveling in connection with his or 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. Notwithstanding this exception, the Councilmember shall comply with CP -23-03 and particularly the Section requiring pre-approval by the City Manager.
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. Interstate/International Travel. No travel outside the state or the country is permitted without advance approval of the City Council, who shall make such decision at a Council Meeting under an agendized item requesting such approval.
3. Travel Arrangements. Hotel and travel accommodations may be made by City staff or the Councilmember. Councilmembers shall use best efforts to seek the most reasonable, cost-effective manner of travel and/or accommodations, keeping in mind that such travel and/or accommodations are being provided at the expense of the taxpayers.
F. Expense Reports Required . In order to receive expense reimbursements, Councilmembers shall complete and submit to the City Manager’s Office a Travel and Expense Reimbursement Form and Report (“Expense Report”) within a reasonable time after incurring the expense, but in no event, shall it be later than 30 days thereafter. The following rules shall also apply:
1. Each Expense Report shall be accompanied by all receipts documenting each expense with proof of the advance approval obtained from the City Council (or the City Manager, as applicable).
2. The Councilmember shall verify that the expenses for which reimbursement is sought were incurred on behalf of the City in the performance of official duties and otherwise meet the requirements of this Section IV.
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49 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 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.
H. Mileage Reimbursement/Allowance . In consideration of their additional duties and notwithstanding anything herein to the contrary, the Mayor and Mayor Pro Tem may choose to receive a monthly auto allowance, rather than mileage reimbursement, to cover the costs of City-related travel using their personal vehicles. The monthly allowance is $300 per month for the Mayor and $200 per month for the Mayor Pro Tem. Should the Mayor and/or Mayor Pro Tem opt to receive the allowance, it shall be paid in lieu of any mileage reimbursement request, except to the extent the mileage reimbursement request is made pursuant to City Council Policy No. CP-23-03, which allow s for reimbursement for mileage in excess of 200 miles for City-related travel. To opt for the auto allowance, the Mayor and/or Mayor Pro Tem shall provide a written request to the City Manager.
V. GUIDELINES AND PROCEDURES FOR CEREMONIAL RECOGNITION ITEMS
A. General. The City of Victorville regularly receives requests from individuals and organizations for various ceremonial recognition items. These items can range from a simple letter or certificate of recognition to a plaque commemorating a special occasion or event.
B. Need for Guidelines. Ceremonial recognition items are presented purely as gestures of high esteem. If provided too freely or for less than honorable purposes, they are apt to lose significance and become meaningless. Therefore, these Guidelines and Procedures for the issuance and presentation of ceremonial recognition items shall be adhered to fully.
C. Jurisdictional Limitations and Description of Ceremonial Recognition Items . Ceremonial recognition items shall be awarded to businesses, organizations, and individuals located in, providing services in, or residing exclusively in the City of Victorville. All other requests will be denied, and the requesting party shall be referred to the appropriate jurisdiction.
1. Certificates of Recognition in Presentation Folders. Certificates of Recognition in Presentation Folders are conferred to commend and recognize businesses located in the City of Victorville during small- scale ribbon cuttings, groundbreakings, grand openings, and open house events.
2. Letters of Recognition/Congratulations . Letters of Recognition/Congratulations are conferred to commend and recognize the following:
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50 (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 conferred to commend and recognize the following:
(a) Exceptional contributions or contributions of consequence 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.
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 and/or the City Clerk in furtherance of their official duties.
2. Each request must be submitted in writing to the City Clerk, except when the Public Information Officer, in furtherance of his or her official duties, is the requester.
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51 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 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. The Mayor and Mayor Pro Tem reserve the right to modify any request in order to provide the most appropriate form of recognition.
6. All requests shall be approved or denied by the Mayor and the Mayor Pro Tem. To the extent the Mayor and Mayor Pro Tem are not in agreement then the 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.
7. Councilmembers shall uphold the good purpose intended for ceremonial recognition items. Therefore, in keeping with the Councilmembers’ Code of Ethics to be above reproach and avoid the appearance of impropriety, Councilmembers shall not request ceremonial recognition items for any private or personal interest, including politics.
Furthermore, no Councilmember may request an official recognition for or on behalf of any business, organization, or individual associated with an organization in which the Councilmember serves as an employee, member, or volunteer.
8. Only one official signed copy of any form of recognition will be issued per individual or organization per calendar year.
9. 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.
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52 2. The City Manager and his or her City Clerk shall ascertain whether the prospective recipient is in good standing with the City, has any potential conflicts of interest, and/or is related to any member serving on the City Council or working in the City.
3. If the prospective recipient is in good standing with the City, but another potentially disqualifying circumstance exists with either the requester or the prospective recipient, the information shall be brought to the City Council at the next available Cit y 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. The Mayor and Mayor Pro Tem shall be informed of all
requests, whether deemed consistent or inconsistent with the guidelines in this Chapter.
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 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 or 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 board s 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 City Council election takes place, all seats on commissions, committees, and boards for newly elected Councilmembers will be open for nomination and appointment. In years when there is no City Council election, only those seats that are unfilled will be open for nomination and appointment. Such nominations must be confirmed by a majority vote of the full membership of the City Council in order for an appointment to occur. The Presiding Officer shall facilitate appointments in accordance with nomination and appointment procedure set forth in Chapter 2, Section II, points 1 -7. 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 mee ting 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.
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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 subcommittees have a specific purpose and limited duration, no continuing subject matter jurisdiction, and no meeting schedule fixed by the Council. Ad Hoc Subcommittees composed solely of less than a quorum of the City Council membership (2 members maximum) are generally exempt from the Brown Act and thus are not required to schedule regular meetings or post meeting dates and agendas.
B. Subcommittee Formation and Appointment.
1. Standing Subcommittees. The Council may create or dissolve Standing subcommittees at any time by the affirmative vote of a majority of the Council. The Mayor nominates and the City Council confirms by majority vote the members of Standing subcommittees.
2. Ad Hoc Subcommittees . The Council or the Mayor may create ad hoc subcommittees.
The Mayor has the discretion to make appointments to such ad hoc subcommittees 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 progress, status, and/or recommendations to the City Council must do so through approved Council agenda procedures. In addition, if such commissions, committees, and subcommittees wish to correspond with an outside agency, such correspondence will be prepared by staff for review by the City Manager and possible approval by the City Council. Individual members of City commissions, committees, and subcommittees who would like City staff to perform research or review a particular issue must gain the approval for such a request from the City Manager before any work is planned or done.
IV. COMMISSIONS, COMMITTEES, AND BOARDS ON WHICH COUNCILMEMBERS SERVE AS CITY
REPRESENTATIVES
A. Outside Agencies. City Councilmembers are appointed to serve as City representatives on the boards of commissions and/or committees of outside agencies in the region, such as the Victor Valley Transit Authority (“VVTA”), the San Bernardino County Transportation Authority (“SBCTA”), and the Victor Valley Wastewater Reclamation Authority (“VVWRA”).
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56 B. Procedures. Nomination and confirmation of such representatives and one alternate shall follow the same procedure identified in Chapter 2, Section II, points 1-7, for the Mayor and Mayor Pro Tem.
C. Absence. Whenever a member of the City Council is unable to attend a regional board or committee meeting to which he or she is designated as the City’s representative, he or she shall notify his or her alternate to request his or her attendance.
D. Duties. Councilmembers appointed to serve on outside agencies shall do so as representatives of the City, shall comply with the rules of procedure adopted by such agencies when participating in meetings of such agencies, and shall provide updates or reports to the City Council on the activities of such agencies as required.
Chapter 10
57 CHAPTER 10 ‐ E NFORCEMENT
I. CENSURE AUTHORIZED
Censure is a formal resolution of the City Council that reprimands one of its own members for specified conduct, generally a violation of State, Federal, or local laws; or of City policy, including the provisions of this Manual (hereinafter collectively “Law”). Censure should not follow an occasional error in judgment that occurs in good faith and is unintentional, but it is appropriate when the violation is considered to be a serious offense or the conduct involves intentional and repeated violations of Law or C ity policy after other Councilmembers have informed the offending Councilmember of the violation(s). Censure carries with it no fine or suspension of the rights of the member as an elected official, but it nonetheless is a punitive action for wrongdoing.
II. CENSURE PROCEDURE
A. Request for Censure Hearing . During the open portion of any regular or special meeting of the City Council, any Councilmember may make a motion to calendar a censure hearing concerning the violative conduct of one of its members.
1. Specific Allegations. The request must include specific allegations of the conduct that constitutes a violation of the Laws or City policy upon which the proposed censure is based.
2. Agenda Placement or Ad Hoc Committee Formation . If a majority of Councilmembers support the request, then a) direction shall be given to City Manager to calendar the item for a future agenda or b) the Council shall appoint an ad hoc committee to investigate the charges.
3. When No Investigation Required. If the conduct or violation alleged is patent or otherwise clearly apparent, setting of the censure hearing shall proceed in accordance with Subsection C, below.
B. Investigation. If a majority of the Council determines an investigation is warranted, the Council shall designate an ad hoc committee consisting of two of its members, one of which shall be the Mayor, to conduct the investigation. If the Mayor is the subject of the charges, the Mayor Pro Tem shall be appointed in lieu of the Mayor to serve on the ad hoc committee.
1. Independent Investigator. The Council may select an independent investigator to assist in conducting the investigation. The independent investigator would be managed by the ad hoc committee to conduct the investigation.
2. Process for Taking Statements . In the course of the investigation, the committee must determine the process by which statements are taken. A witness may choose to provide a signed declaration under penalty of perjury attesting to his or her knowledge of the facts surrounding the allegations. If a witness is unwilling to submit such a declaration, the Council may issue a subpoena to compel the witness’s testimony, consistent with its subpoena power granted under the Government Code.
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58 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 or 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.
In accordance with Section 36813 and Section III.C of Chapter 5 of this Manual, the punishment may include removal from the Council Meeting of the disruptive Councilmember upon a majority vote of the City Council. A motion for removal may be made by any Co uncilmember, including the Mayor, and is not debatable. The Presiding Chapter 10
59 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 or she has received, read, and understood the provisions set forth in this Manual and furthermore agrees to abide by them.
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City Council Policy and Procedures Manual Redline
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
Revised by Resolution No. 23-030 on May 16, 2023
Revised by Resolution No. 23-104 on December 19, 2023
Revised by Resolution No. 24-020 on _________________, 2024
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TABLE OF CONTENTS
TABLE OF CONTENTS i
CHAPTER 1 - INTRODUCTION AND PURPOSE 1
CHAPTER 2 - ROLE OF CITY COUNCIL 2
CHAPTER 3 - COUNCIL MEETINGS 14
CHAPTER 4 - AGENDA 22
CHAPTER 5 - MEETING RULES OF CONDUCT AND DECORUM 25
CHAPTER 6 - ADMINISTRATIVE MATTERS 37
CHAPTER 7 - RELATIONSHIP AND CONDUCT 40
CHAPTER 8 – COMMUNICATION AND REPRESENTATION 44
CHAPTER 9 - COMMISSIONS, COMMITTEES AND BOARDS 53
CHAPTER 10 - ENFORCEMENT 57
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CHAPTER 1 ‐ INTRODUCTION AND PURPOSE
I. PURPOSE OF MANUAL
A. Compile, Revise and Adopt Rules and Policies. By adopting this Policy and Procedures Manual (“Manual”), the City Council of the City of Victorville (the “City Council” or “Council”) hereby establishes updated Rules of Procedure for the preparation of its agendas, conduct of its meetings, and transaction of other City Business. In addition, by adopting this Manual, the City Council further compiles, consolidates, updates, and supersedes any prior Council Policies, Resolutions, rules, and related administrative procedures that have been formally adopted by the City Council addressing the subject matter and/or the topics discussed herein.
B. Provide Standards and Guidance. The purpose of this Manual is to set a standard of professionalism for the conduct of the City Council’s business. Victorville has a long and proud tradition of open government and civil, intelligent public discourse. This Manual is intended to enhance public participation and Council debate so that the best possible decisions can be made for Victorville. While attempting not to be overly restrictive, procedures, policies, and codes of ethics and conduct are being established and/or clarified so that expectations and practices are clearly articulated to guide City Councilmembers in their day-to-day conduct and actions.
C. Ease of Reference. Having the majority of the rules, procedures, practices and policies (hereinafter collectively “Rules”) of the Victorville City Council consolidated and contained in a single, easily-accessible document will clarify expectations and responsibilities and will streamline the conduct of meetings and other City Council business in the public interest.
II. EFFECTIVE DATE AND PERIODIC REVIEW/UPDATE OF MANUAL
A. Effective Date. The Rules contained in this Manual shall be in effect immediately upon their adoption by City Council resolution and shall remain in effect until such time as this Manual is amended and new Rules are adopted and/or updated by City Council resolution.
B. Biannual Review. This Manual will be reviewed every two (2) years with the intent that any necessary revisions be made only at such time which review will occur in August of such year, if needed, by City Council Resolution.
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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 (hereinafter “consensus”) 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. Effective as of the organization meeting of 2024 and with respect to Mayoral terms, the following provisions shall apply: A Mayor shall serve no more than two (2) consecutive terms per each term of office as Councilmember, unless additional service is granted by a two-thirds (2/3) affirmative vote of the entire Council membership. A Councilmember may serve a third year as Mayor during his or her current term of office without the two-thirds (2/3) requirement, provided he or she did not hold the office of Mayor during the preceding year and he or she receives a majority vote of the entire council. The newly-appointed Mayor and Mayor Pro Tem shall undertake their positions immediately following the majority vote or assumption to office. In no circumstance shall a change be considered to the Policy Manual regarding the appointment process for the office of Mayor and/or Mayor Pro Tem once the organizational item has been posted to the agenda.
The nomination and appointment procedure for the offices of Mayor and Mayor Pro Tem shall be conducted in successive order and as shown below.
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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.
4. The City Clerk calls on each Councilmember to cast by verbal vote the name of his or 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 appointment to the office of Mayor Pro Tem. The appointment of the Mayor Pro Tem shall not occur until the appointment process for Mayor as provided herein has been completed.
Should the City Council fail to appoint a new Mayor, either due to insufficient votes or tie-vote procedures outlined in Chapter 5, Section II.R, the City Council shall reconsider the appointment during one final vote at the next regular meeting. Abstaining from any appointment vote counts as an affirmative vote for the current Mayor.
If no consensus on a new Mayor is reached after two consecutive Council meetings, the Mayor Pro Tem will assume the role, provided he or she is willing to serve.
If the Mayor Pro Tem does assume the Mayoral role, his or her vacated position shall open for nominations at the next regular Council meeting. Should the Council fail to appoint a new Mayor Pro Tem, after following the nomination provisions, set forth above, the position shall remain vacant until the next election cycle or until such time as the Council is willing to come to a consensus, whichever is sooner.
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 to:
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2. enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of this Manual;
3. determine the order of business at meetings of the City Council; and
4. 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.
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. During a public meeting held in City Council chambers, the Mayor assumes the center chair on the dais and oversees the seating location of the other Councilmembers at all such meetings of the City Council..
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 shall perform the duties of the Mayor, including acting as the Presiding Officer at meetings. The Mayor Pro Tem is duty- bound to the Council as a whole and to Victorville, rather than to the Mayor. When both the Mayor and the Mayor Pro Tem are absent from any meeting of the Council, the City Clerk shall call the Council meeting to order, whereupon a temporary Presiding Officer shall be appointed by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tem, or until adjournment, whichever comes first.
G. Request to Allow City Clerk to Assist in Running a Portion of a Meeting. The Presiding Officer at any City Council meeting, be it the Mayor or Mayor Pro Tem as applicable, may request that the City Clerk assist in running a portion of the meeting.
H. New Councilmember Orientation. The Mayor will lead, with the assistance of the City Manager, new Councilmember orientations.
IV. ROLE AND DUTIES OF ALL COUNCILMEMBERS
A. Annual Review of Residency
Government Code Section 36502(a) requires Councilmembers of this City to maintain a legal residence or domicile within the City of Victorville and rules regarding this 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 Deleted: to
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domicile within the City of Victorville. To be considered certified, each proof of residency as described below must contain the house number (and apartment number if applicable) and street name of the residency or domicile in an unredacted state.
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 1st to 31st) and within 30 days of any change in residency. Acceptable forms for proof of residency are as follows:
1. Home Ownership. Proof as follows:
(a) 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
(b) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is his or her primary residence. If the elected official does not have a tax exemption on file, he or she must submit an affidavit signed by the elected official verifying that the home is the primary residence; or
(c) 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 his or her primary residence.
2. Rented or Leased Property. Proof as follows:
(a) 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 that demonstrates the elected official resides at the specified address; or
(b) 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 the landlord or owner's property
3. Current Motor Vehicle Registration or California Driver’s License. Proof as follows:
(a) Motor vehicle registration showing it is registered to the elected official for the residence claimed, or
(b) a valid California driver's license showing that the address on his or her license matches the residence claimed.
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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 the address on the identification document is consistent with the address shown on his or her current voter registration.
4. Current Utility Bill. Proof as follows:
(a) The utility bill must be in the elected member's name and show that the service address is within the Councilmember’s respective District. In the event a utility bill has yet to be 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 states the landlord or other legal entity will pay the utility bill, the elected official must submit an affidavit signed by the landlord or other legal entity's authorized representative, attesting to that fact.
5. Other Documents. Proof as follows:
(a) School records or any official document issued by an accredited educational institution, sealed by the school, or
(b) current paycheck stub or personnel record issued by the elected official's employer, or (c) current homeowner or renter insurance policy, or
(d) current documents issued by any California court or a federal court that lists the name of the elected official and his or her residence address, or (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.
In addition to 5 (a)-(e) above, the elected official must sign an affidavit attesting, under penalty of perjury, his or her current place of residence.
In the event a Councilmember moves to a new residence within the District after filing any previous affidavit, the elected official must confirm the new address within 30 days of moving by providing one of the documents listed in items 1 through 5 and an affidavit to the City Clerk.
Incumbent Councilmembers 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 attesting, under penalty of perjury, that they have not relocated and that all previously submitted information remains true and correct. The City Clerk shall confirm that the residence address on the incumbent’s voter registration is consistent with previous documents submitted in order to demonstrate the residence address is within the boundaries of the District in which the Councilmember was elected or appointed to office.
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Council for further action and could result in his or her office becoming vacant in accordance with Government Code Section 36502, and the City Council could take an action to remove said Councilmember.
Government Code Section 36502(a) provides:
“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 may consider taking action to remove the Councilmember from committee assignments and access to public facilities outside of normal working hours and/or initiate an investigation to determine the Councilmember’s place of residence.
In order to ensure compliance with these requirements, City staff shall provide an update as to compliance in February of each year as part of a February consent calendar item.
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 or her best work, and move meetings forward in a meaningful way, it is incumbent upon each Councilmember to promptly seek answers to questions he or she may have about the posted agenda items and agenda-package materials for the immediately pending meeting. Toward fulfilling these objectives, Councilmembers should seek the aforementioned assistance from the City Manager, City Attorney, City Clerk, or such Senior Management as the City Manager may designate (e.g., Assistant City Manager, Deputy City Manager, City Engineer, Public Information Officer, City Department Directors, or the Police Chief) as soon as possible after receipt of the agenda package and prior to the meeting to which the agenda package relates.
3. Avoid Unfair Surprise. Councilmembers should advise the City Manager in advance of issues or questions they intend to bring up at a public meeting. This refers to issues and questions that City staff would not normally anticipate or have researched for that particular meeting.
4. Report Possible Absences. Each Councilmember shall report immediately to the Mayor and City Clerk any likelihood of absence in order to ensure the most effective facilitation of City Council meetings. To the extent any Councilmembers are absent or going to be Deleted: /
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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.
5. Effect of Unexcused Absences. As provided in Government Code Section 36512(a) if a City Councilmember is absent without permission from all regular City Council meetings for sixty (60) days consecutively from the last regular Council meeting he or she attended, his or her office becomes vacant or shall be filled in accordance with Section IV.D hereinbelow.
C. Councilmember Appointments and Assignments. Following nominations by individual Councilmembers, the City Council confirms by a majority vote of the entire membership its appointments to City commissions, boards, and standing committees, as well as its 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 be facilitated by the Presiding Officer and follow the same nomination procedures as provided in Chapter 2, Section II, points 1-7 of this Manual relating to the nomination of the Mayor and Mayor Pro Tem. See Chapter 9 as to the roles and duties of such committee, commission, and board appointees, and additional rules relating to nominations and the filling of vacancies. Chapter 9 also provides rules relating to the creation and purposes of Ad Hoc subcommittees composed of less than a quorum of the City Council.
D. Council Vacancies. Whenever a vacancy occurs in the office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code section 36512 or the provisions of any ordinance adopted by the City Council thereunder. If a vacancy is to be filled by appointment, and in order that the Council may select the candidate best suited to the position, the City shall initiate an application and interview process which shall be robust, uniform, and free from the appearance of impropriety. Except for official communication with the City Manager’s office, which includes the City Clerk, all contact between Councilmembers and candidates regarding the appointment process and/or potential appointment is restricted to a formal interview process during a public meeting. Any candidate who violates this protocol may be excluded from appointment. An ad hoc subcommittee of less than a quorum of the Council shall develop the process for appointment, which is subject to Council approval.
E. Leadership, Goals, and Policy; Ex-Officio Roles of the City Council.
1. Leadership, Goals, and Policy. City Councilmembers are elected to provide leadership in setting goals and in formulating policies. The City Council is the focal point for identifying and interpreting the wishes of the citizens and translating these into specific programs.
Successful goal setting and policy formulation largely depend on a good working relationship amongst the Council and between the Council and the administrative staff.
Under the City Manager’s direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and calculating the costs of proposals. However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City.
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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 Library Board of Trustees, the Successor Agency to the Victorville Redevelopment Agency, the Housing Assets Successor, and the Victorville Joint Powers Financing Authority (“JPFA”), with all meetings being held concurrently. References made in this Manual to the City Council also include the Council when acting in it its roles as the boards of the aforementioned entities.
F. Engaging in Legislative and Quasi-Judicial Decisions/Acts. Almost all actions or decisions made by the City Council fall into one of two categories: legislative or quasi-judicial.
1. Legislative. These actions/decisions formulate rules to be applied to all future cases.
Examples include, but are not limited to: adoption and amendments to municipal codes, general plans, zoning codes, and personnel regulations. These actions are generally taken by ordinance or resolution.
2. Quasi-Judicial. While legislative actions establish public policy and rules applicable to groups of property or people, quasi-judicial proceedings affect individual properties or parties. Quasi-judicial proceedings involve the application of established standards to individual facts to determine specific rights or to take specific actions under existing law.
3. Due Process. The distinction between these two types of acts/decisions comes into play in the due process afforded to parties (particularly in the public and appeal hearing context), as explained in more detail in Chapter 3, Section VI of this Manual.
G. Issuing Subpoenas. Pursuant to Government Code section 37104, the City Council may issue subpoenas to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before the Council. The form of oaths administered by the City Clerk will be substantially in the following form:
<Name of affiant>
“I hereby declare or affirm under penalty of perjury that the testimony I am about to give before the City Council is the truth.”
H. Compliance with Code of Ethics. On July 7, 2009, the City Council adopted Resolution No. 09- 059 establishing a Code of Ethics setting forth principles and standards of conduct to be observed by all Councilmembers. Immediately upon adoption of this Manual by resolution of the City Council, Resolution No. 09-059 shall be superseded in its entirety by the provisions of Section V, below.
I. Handling Concerns or Complaints from the Public and Staff. Councilmembers shall function within their established roles when listening to concerns or complaints from the public and staff. While it is important to be available when issues arise, Councilmembers shall abide by uniform procedures to ensure matters are handled expeditiously and everyone is treated respectfully and fairly. Councilmembers shall remain neutral when receiving reports, conveying that they have no individual authority to resolve issues and further recognizing that only one side of the story is being heard. Councilmembers shall adhere to their policy Deleted: ”), the Southern California Logistics Rail
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role pursuant to Chapter 2 of this Manual, being certain not to interfere with the administrative functions of the City or the professional duties of City staff. The same level of care must be exercised when responding to emails as is described for personal interactions.
Councilmembers shall use the following procedures when handling concerns or complaints:
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 Deleted: Section Break (Next Page)
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Council.
2. Comply with the Law. Councilmembers shall comply with the laws of the nation, the State of California, and the City of Victorville in the performance of their public duties.
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 high standards of civility, respect, 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.
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 or her authority, 2) use his or her position to influence others unduly or, 3) use his or her title to improperly gain leverage or preferential treatment.
9. Confidential Information. Councilmembers shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests.
10. Use of Public Resources. Councilmembers shall not use public resources, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes.
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presenting their individual opinions and positions, Councilmembers shall explicitly state they do not represent the opinion of the entire Council.
12. Positive Workplace Environment. Councilmembers shall support the maintenance of a positive and constructive workplace environment for their employees, City employees, private citizens, and businesses dealing with the City. Councilmembers shall recognize their role in individual dealings with City employees. Councilmembers shall not be immune to potential liability and/or legal proceedings by City employees when the rights of such employees who are acting within the scope of their employment have been infringed upon or violated by Councilmembers.
13. Policy Role of Councilmembers. Councilmembers shall respect and adhere to the Council-Manager structure of Victorville City government. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, boards, commissions, and City staff. Councilmembers shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions.
14. Enforcement. Councilmembers have the primary responsibility to ensure that this Code of Ethics is followed so the public may have full confidence in the integrity of government.
Although this Code of Ethics and Conduct is intended to “be self-enforcing” and will be most effective when Councilmembers are thoroughly familiar with and embrace its provisions, City Councilmembers who intentionally and/or repeatedly do not follow proper conduct may be subject to disciplinary sanction (a statement or resolution of repudiation), formal censure, and/or punishment pursuant to Government Code Section 36813 as set forth in Chapter 10 of this Manual. Any punishment meted out is at the discretion of the Council and may include removal of the Councilmember from committee assignments.
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. On March 28, 2023, during the Governance Workshop, Council revised said norms to the following:
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1) We conduct ourselves in a professional manner during meetings and beyond.
2) We respect open government both in
word and deed.
3) We expect civil, intelligent public
discourse.
4) We are efficient in our meetings.
5) We treat all members of the public
with respect.
6) We contribute to a positive
workplace environment.
7) We yield ourselves to the Council-
Manager form of government, and
Council members 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 foster a good working relationship between Councilmembers and staff to promote 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 support staff’s obligation 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.
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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 or she determines there is no business to be conducted at the meeting.
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responses of any other Councilmembers polled. Written notice of cancellation shall be given to each Councilmember and further shall be posted and distributed to the same parties and in the same manner as the agenda for regular meetings.
IV. MEETING MINUTES
A. Action Minutes. The City Council will use action minutes, which, at the discretion of the City Clerk, will contain either very little, if any, narrative content or a light summary to record their proceedings both during Open Session and Closed Session discussions. Action minutes will include final motions and will note for the record how each Councilmember voted. The minutes will also reflect the names of public speakers, if stated, and may contain brief summaries of the nature of comments, and in public hearings whether they spoke in support or opposition of the agenda item at issue. The City Clerk will have exclusive responsibility for preparation of the minutes, and any corrections to the minutes will be made by majority vote of the City Council.
B. Reading Not Required. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, the minutes may be approved without a reading if the City Clerk has previously furnished the draft minutes in the City Council agenda packet.
C. Draft Minutes. Draft minutes of meetings are generally submitted to the Council for approval with the agenda packet. Any Councilmember who was absent from the prior meeting may participate and vote on the approval of the minutes and need not abstain on the approval of the minutes for that meeting.
D. Recordings. Recordings of all regular and special meeting proceedings are maintained by the City Clerk for a period of 2 years or as provided for in the City’s currently-adopted records- retention schedule. Closed Session discussions shall not be recorded unless mandated by a court of competent jurisdiction. The City Clerk shall take action minutes of all Closed Session items.
V. CONDUCT OF BUSINESS
A. Generally. The order of business for a Council Meeting is generally shown on the agenda in the order set forth in Section B, below, but may be modified, when necessary, on a case-by- case basis by the Mayor on his or her own prerogative or by the City Manager.
B. General Order of Agenda Items of Business for Council Meetings.
1. Closed Session
• Call to Order/Roll Call
Public Comment on Closed Session Items
Declaration of Closed Session Items by City Attorney
Recess to Closed Session
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Adjourn Closed Session
Return to Open Session
Closed Session Announcements by City Attorney
2. Regular Session
Call to Order/Roll Call
Closed Session Announcements by City Attorney (to the extent not made immediately following Closed Session as noted above)
Invocation/Pledge of Allegiance
Proclamations/Special Presentations
City Clerk Presents Agenda/Revisions to Agenda to the City Council Conflict of Interest Declaration(s)
Public Comments on any agenda item, except for public hearing items, as well as on topics of interest to the public that are within the subject matter jurisdiction of the City Council
A. Appeal Hearings
B. Public Hearings
C. Consent Calendar
D. Written Communications
E. City Manager Reports/Possible Upcoming Agenda Items/Reports from Council Members
3. Adjourn
C. Public Interest. The public interest shall be taken into consideration when the order of business on the agenda is modified. When feasible, topics anticipated to be of greatest interest to the public will be placed at the beginning of the agenda.
VI. DESCRIPTION/EXPLANATION OF PURPOSE OF CERTAIN AGENDA ITEMS
A. Closed Session. The City Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law, to consider or hear any matter that is authorized by State law. The City Council shall exclude from any such closed session any person or persons who it is authorized by State law to exclude from such closed sessions. The general subject matter for consideration shall be shown in the agenda posted for such session pursuant to the procedures set forth in the Brown Act. The City Attorney declares the items on the Closed Session Agenda and makes reports following Closed Sessions in accordance with the Brown Act.
B. Public Comment Periods. Depending on the meeting, these periods are provided at the start of the Closed and Regular Sessions and prior to Council’s consideration of agenda items to satisfy the requirements of the Brown Act. These periods provide the ability for members of the public to address the Council on items appearing on the agenda or on other matters of interest within the jurisdiction of the City Council that do not appear on the agenda.
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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 or herself from participating in a decision of the Council on a particular agenda item for a financial or other conflict of interest and further is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in sections 18707(a)(3)(C) and 18704(d)(2) of the regulations of the Fair Political Practices Commission (“FPPC”).
2. Reasonable Time, Place, and Manner Limitations. Time and other reasonable limitations may be placed on these comment periods as more particularly described in Chapter 5, Section III of this Manual.
C. Appeal Hearings. Certain decisions made by the City’s Planning Commission, the City Manager, Senior Management, department heads, and/or hearing officers (as specified in the City’s Municipal Code or other applicable law) can be appealed to the City Council. Such decisions usually involve quasi-judicial matters, e.g., granting or denying of permits/licenses or other entitlements.
1. Quasi-Judicial Decisions. If a quasi-judicial appeal is at issue, the City Council must follow stricter procedural requirements similar to those used in a court. (“Quasi-judicial” means court-like.) Fair hearings and impartial decision-makers are required. Quasi-judicial hearings must be conducted in accordance with the principles of due process. When the City Council is acting as the decision-making body in quasi-judicial hearings, Councilmembers must refrain from testifying as members of the public, as such participation absent a recusal from the decision could impair due process and create conflicts of interest.
2. Other Public Hearings. Public hearings held prior to adoption of ordinances or other legislative/policy matters can follow less strict standards.
D. Public Hearings. In general, a public hearing is an open consideration within a regular meeting of the City Council, for which special notice has been given and may be required. During a specified portion of the hearing, residents or concerned members of the public are invited to present protests or offer support for the matter under consideration, subject to reasonable time and other limitations.
1. Held 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.
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2. Cancellations and Continuances of 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. Rules for 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 or her behalf.
(e) No further continuances shall be granted unless, in its discretion, the City Council determines by majority vote that it is necessary to do so after considering the testimony and findings presented at the hearing.
4. General Public Hearing Procedure. Public hearings shall generally be conducted as follows:
(a) Staff presents its report, either by way of a written staff report or by in-person oral presentation.
(b) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.
(c) The Presiding Officer opens the public hearing.
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(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 must state for the public record the nature of any ex parte communication or information obtained outside the Council Chambers, such as discussions with individuals, field trips, and views of the premises. Councilmembers must disclose with whom the ex parte communication was made and briefly state the substance of the communication.
An ex parte communication is defined as a communication made with a Councilmember outside a Council meeting with any person except the City Attorney concerning a quasi-judicial proceeding to be heard by the City Council.
(b) Staff presents its report, either by way of a written staff report or by in-person oral presentation.
(c) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.
(d) The Presiding Officer opens the hearing.
(e) The applicant and/or appellant have the opportunity to present comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his or 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 or her views.
(f) Members of the public may present their comments, subject to time limits established by the Presiding Officer and/or this Manual.
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of the Council. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his or her views.
(h) The Presiding Officer closes the hearing after everyone wishing to speak has had the opportunity to do so.
(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 very briefly on Consent Calendar items or ask for minor clarifications of the staff report 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. The Presiding Officer may, at his or her discretion, ask Councilmembers for any comments or questions. The opportunity to comment and ask for quick clarification shall not to be used in lieu of advance preparation for the meeting.
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. In that case and before the Presiding Officer or City Clerk calls for the vote, the Councilmember would state that he or she wishes to vote “no” on the item. 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.
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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 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 or her three-minute speaking limit.
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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.B 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).
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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 or her designated Senior Management staff; and the City Attorney. The City Council may also consider a request from a member of the public to place an item on a future agenda.
B. Councilmember Agenda Requests. To place an item on a future agenda, any Councilmember, including the Mayor, may make a motion or a request to do so during the “Discussion and Possible Action Regarding Items for the Upcoming City Council Agenda” portion of the agenda. In addition, a Councilmember, including the Mayor, may at any time during a meeting make a request or motion to place an item on a future agenda, if the item proposed for future consideration arises in direct relation to an item being discussed. Any request(s) made by a Councilmember shall be done with a simple contextualization and shall not exceed three (3) minutes unless there is an agreement by a majority vote of the Council to extend the time. No substantive discussion on the subject of the motion or request may occur except to explain the general nature of the item and the issue of timing for its placement on a future agenda. Limited questions may be asked for clarification or to help Councilmembers ascertain whether the motion or request is timely.
1. Second and Majority Vote Required. If the motion or request to place an item on a future agenda is seconded and approved by a majority vote of those Councilmembers present, the proposed item will be placed on a future agenda. If there is no second, the motion dies and may not be proposed again at future meetings without the requisite suspension of rules for reconsideration.
2. Timing Direction. If the motion provides specific direction regarding timing, the approved item together with a staff report will be placed on a future agenda consistent with that direction. If the motion is silent regarding timing, appropriate City staff will be directed to prepare a staff report, and the approved item will be placed on a future agenda at the earliest suitable time, as determined by the City Manager and the Mayor.
3. Alterations to the General Order of Agenda Items. 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, 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.
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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 or her own initiative when circumstances warrant, the City Manager and the City Attorney may place items on the agenda.
D. Agenda Requests by Members of the Public. Upon agreement of a majority of the City Council, the City Council will determine whether to place on a future agenda an item requested by the public. A member of the public may request placement of an item on the agenda for Council consideration in the following ways:
1. A member of the public may write a letter to the City Council.
2. A member of the public may speak during the Public Comment period at a City Council meeting.
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CHAPTER 5 ‐ MEET ING 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 his or her designee and/or the Submitter/Requester of the agenda item briefly introduces the item.
3. Staff presents its report (as needed), either by way of a written staff report or by an in- person oral presentation.
4. Councilmembers may ask questions of the City Manager and/or such City staff as the City Manager may designate, although Councilmembers are encouraged to seek clarification by asking or providing such questions prior to the meeting. Councilmember questions on an item may not exceed two (2) minutes unless an extension of time is granted by the Presiding Officer. Extensions granted may be appealed or overruled by a majority vote of the Council.
5. The Presiding Officer invites a motion.
6. Following a valid motion and second, the Council discusses, deliberates, and takes action as described in this Chapter.
7. An affirmative vote of the Council carries the motion, as described herein.
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II. RULES OF DISCUSSION AND DEBATE
A. Civil Discourse Among Councilmembers. The Victorville City Council believes that a respectful and professional environment is essential for both effective governance and the City's success as a whole. Therefore, all Councilmembers are expected to engage in civil and respectful discourse, both within meetings and beyond. This includes avoiding personal attacks, derogatory remarks, and unsupportive gestures and sounds, along with refraining from insults and inflammatory language. Instead, Councilmembers should prioritize reasoned debate, presenting viewpoints logically and respectfully, acknowledging differing opinions, and collaborating to find solutions that best serve the Victorville community. Councilmember conduct should foster confidence in their leadership and ability to work together effectively.
B. Presiding Officer Responsibilities.
In addition to the role and duties of the Mayor described in Chapter 2 of this Policy Manual, the Chair (Presiding Officer) has additional duties during Council meetings. They are as follows:
1. Fairness and Courtesy. The Chair will be respectful and fair in all rulings.
2. Maintaining Order and Decorum.
(a) Prevent the misuse of motions.
(b) Prevent repeated motions intended to delay progress. (c) Rule disruptive motions “out of order.”
(d) Stop actions and unprofessional conduct that hinder council business.
3. Presumption of Good Faith. When a Councilmember makes a motion, the Chair will assume it's done with good intentions.
4. Participation in Discussions. Like other Councilmembers, the Chair may propose motions, second them, participate in debates, and vote.
5. Managing Communication with the Audience. The Chair is the primary point of contact with the audience. Other Councilmembers may only address the audience with the Chair's permission.
6. Adjournment. The Chair may declare the meeting adjourned without a vote if no Councilmember objects. (Special rules apply for adjournment if the meeting is being disrupted. See Chapter 5, Enforcement of Decorum.)
C. Protocols for Speaking.
1. Councilmembers must address the Presiding Officer to gain permission to speak.
2. They must stay on topic while speaking, confining themselves to the subject matter, item, or motion being currently considered by the Council.
3. They must engage in civil discourse as described above.
D. Questions to Staff.
1. Councilmembers must be recognized by the Chairperson to ask staff questions.
Deleted: ¶
¶
Deleted: <#>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.¶
¶
Presiding Officer. The Presiding Officer shall have the authority to prevent the misuse of the legitimate form
of motions, the abuse of privilege of renewing certain
motions, or the obstruction of the business of the City Council. The Presiding Officer may preserve orderly
business by ruling such motions out of order. In so
ruling, the Presiding Officer shall be courteous and fair and shall presume that the moving party is making the
motion in good faith. The Presiding Officer may move,
second, debate, and vote from the chair. The Presiding
Officer may also adjourn a meeting by a simple
declaration thereof in the absence of a protest by any
Councilmember.¶
¶
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.¶
¶
Moved down [1]: Questions to Staff.
Deleted: 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.¶
¶
Germane Comments/Time Limit for Council.
Councilmembers shall limit their comments to
Moved (insertion) [1]
Deleted: 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
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2. Questions shall be directed to the City Manager or City Attorney, who will answer or delegate.
3. Assuming prior review of materials, questions asked shall be for clarification of the staff report and/or other presentation, must be limited to the central purpose of the agenda item, and shall have a two-minute limit per agenda item, excluding staff responses, unless extended by the Presiding Officer. Should the Presiding Officer wish additional time for himself or herself, it is appropriate to seek a majority vote.
4. Statements disguised as questions may be rejected by the Chairperson.
E. Councilmember Comments.
1. Comments must stay relevant to the motion on the floor.
2. The Chairperson decides relevance, but this can be appealed to the entire Council.
3. Councilmembers should limit comments to three (3) minutes per agenda item (excluding the 2-minute question period) unless extended at the discretion of the Presiding Officer.
4. The Chairperson or Clerk will signal when a Councilmember nears the three-minute limit.
5. No Councilmember may speak again on an item until everyone else who wants to speak has spoken once.
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 or she shall cease speaking until the question of order is determined. If interpreted to be in order, the Councilmember 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 or 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.”
Deleted: to Staff referenced in Section D, above),
Deleted: 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
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Chapter 5
28 Deleted: <object>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 or 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 or call the question as a first step to suspend further debate and immediately bring the motion/question to a vote. The calling of the question shall not be made in a manner that prevents any Councilmember from voicing an opinion or providing brief, concise, and relevant information with respect to the item being considered. Should any member wish to further comment, the calling of the question becomes a formal motion, requiring a second and a two-thirds (2/3) vote of those present and voting to pass. 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.
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. Except in the case of Tie Votes described in Subsection R, below, 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. Request for Synopsis of Debate in Minutes. A Councilmember may request through the Presiding Officer the privilege of having an abstract of his or 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 or 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 Deleted: /
Deleted: to
Deleted: being debated
Deleted: , suspending any further debate. Such
motion
Deleted: a
Deleted: To close off debate pursuant
Deleted: a Motion to Move or Call
Deleted: Question, said
Deleted: must be seconded
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¶
¶
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Deleted:
Deleted: Remarks of Councilmembers and
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Chapter 5
29 Deleted: <object>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.
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 or 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) With one exception for voting for the office of the Mayor, 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. Any abstention for the office of Mayor counts as an affirmative vote for the current Mayor.
2. Silence During the Vote. Unless a Councilmember states that he or 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. The matter underlying a motion that failed solely due to a tie vote may be reintroduced once for a final determination at a future meeting with a new motion by the Council. It does not require suspending the rules. For appeals, if there is no affirmative vote, Deleted: Section Break (Next Page)
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¶
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Deleted: Any
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Deleted: Tie votes are
Deleted: motions but
Deleted: reconsidered
Deleted: subsequent
Deleted: upon
Deleted: passed
Deleted: to reconsider
Deleted: item at a future meeting. If the matter
involves an appeal and an…
Deleted: does not occur, the result is that
Chapter 5
30 Deleted: <object>the decision appealed stands as decided by the decision-making person or body from which the appeal was taken, i.e., the original decision remains in effect.
5. Changing a Vote. A Councilmember may change his or her vote only if he or she makes a 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. A Councilmember who publicly abstained from voting on a particular matter shall not subsequently be allowed to withdraw his or her abstention, regardless of timing.
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 or she may remain present at the dais.
T. Councilmember Speaking as a Member of the Public. To the extent a Councilmember decides to speak on an item by leaving the dais and speaking from the public podium, such Councilmember relinquishes his or her ability to speak on the same item upon his or 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 or 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 or 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 or 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.
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Deleted: Prior to the time that the next item in the
order of business is taken up, a
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Chapter 5
31 Deleted: <object>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.
(b) During Public Hearing items, each person desiring to address the Council shall step up to the microphone at the podium, state his or her name (and address if desired) for the record, state whom he/she is representing, and whether he/she is representing an organization or other persons. Each speaker shall be allotted three (3) minutes in which to comment, unless the Presiding Officer determines that based on the significant nature of a public hearing item, that additional public comment time should be allowed. In such event, the Presiding Officer may grant an extension of public comment time, not to exceed two (2) minutes per speaker. Extensions granted may be appealed through a valid motion and overruled by a majority vote of the Council.
(c) During the Public Comment period and during Public Hearing items, speakers should not approach the dais unless authorized to do so by the Presiding Officer. All remarks shall be addressed to the Council as a whole and not to any member thereof. No questions shall be asked of a Councilmember, a member of the City staff, or member of the audience without permission of the Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer.
(d) During Public Comment periods members of the public may ask questions related to agenda items. However, in order to ensure compliance with the Brown Act the City Council is not required to answer such questions since depending on the nature of the questions, the issues raised may be beyond the scope of the subject matter of the agenda items. Nevertheless, in accordance with Government Code Section 54954.2 (a)3, the Presiding Officer may briefly respond or have staff respond to statements made or questions asked or may request that staff report back to the Council at a subsequent meeting concerning any matter raised by the public.
(e) During public comment periods and irrespective of the subject or viewpoint to be expressed, no speaker shall be permitted to show a video, make a PowerPoint presentation, or otherwise utilize any other form of electronic visual display technology requiring advanced set up and/or the use of projectors or other specialized equipment. Such controls are intended to help all speakers maximize their time when addressing the City Council, instead of dealing with potentially time- consuming setup or technical difficulties.
2. Spokesperson for Group of Persons. To expedite matters and avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter or item, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council; and in case additional matters are to be presented by any other member of said group, to limit the number of Moved (insertion) [2]
Deleted: (2) minutes per speaker.
Moved up [2]: Extensions granted may be
appealed through a valid motion and overruled by a
majority vote of the Council.
Deleted: ¶
¶
¶
Deleted: /
Deleted: both
Deleted: periods
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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 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 and shall preserve courtesy, respect, and tolerance for all viewpoints. 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 and furthermore they address their colleagues as a whole, not the audience. 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 or she is speaking, 3) engage in side conversations or, 4) refuse to obey the orders of the Presiding Officer. The Presiding Officer and Council as a whole shall address inappropriate conduct and 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.
Deleted: ¶
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Chapter 5
33 Deleted: <object>(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 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 or her electronic devices, particularly when it has been activated, that Councilmember 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 where official City business is presented, Councilmembers shall not audio record, video record, live stream, or broadcast from the podium, stage, platform, etc., without the advance knowledge of the City Manager and the advance written permission of the event host. If the City is the host, the City Manager may, at his or her discretion, grant permission.
(f) Microphones, Loudspeakers, Megaphones, Sound/Voice Amplifiers.
Councilmembers and members of the public shall not use non-city-provided Deleted: ¶
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Chapter 5
34 Deleted: <object>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 or her assigned seat.
(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. Likewise, Councilmembers shall not be unduly swayed by a packed audience.
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 exceptions that City staff members and employees may leave their seats during a meeting without first obtaining the permission of the Presiding Officer and may utilize the internet, as may be necessary from time to time in furtherance of City business. In no circumstance shall City staff members or employees communicate with Councilmembers via any e-communication as described in Section III.B.1(b) above.
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 Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
4. Members of the Audience. To strike a balance between upholding the right to free speech and assembly, while ensuring a respectful and productive environment for conducting official business, 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 or 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.
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C. Enforcement of Decorum. The rules of decorum set forth above shall be enforced in the following manner:
1. Warning for Disruptive Behavior. In accordance with Government Code § 54957.9 and 54957.95, if an individual, a group, or groups of persons disrupt the meeting by behaving disorderly, the Presiding Officer shall issue a warning. This warning will remind them to maintain order and inform them that continued disruption may lead to removal from the meeting.
Disrupting is defined as engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:
(a) a failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Government Code Section 54953.3 or any other law, or
(b) engaging in behavior that constitutes use of force or a true threat of force.
2. Removal for Continued Disruption. If the disruptive behavior does not promptly cease after the warning, the Presiding Officer may order the removal of the individual or group from the meeting. Law enforcement officers present at the meeting, acting as sergeants- at-arms, shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum and are authorized to enforce an order of removal.
3. Clearing the Meeting Room. In extreme cases when the removal of an individual, a group, or group of persons fails to restore order and the meeting cannot proceed, the Council may take action to clear the meeting room and continue in session. Only matters appearing on the agenda will be considered.
4. Media Access. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend the session.
5. Re-admittance. The Presiding Officer holds the discretion to re-admit any individual who was not responsible for willfully disrupting the meeting.
6. Motion to Enforce. If the Presiding Officer 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 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 its choosing in this section.
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of the Council, and any remaining Council business may be considered after the recess or at the adjourned or next meeting.
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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 § 7920.000 et seq.) or other applicable law.
1. Authority of City Clerk. The City Clerk is authorized to open and examine all mail or other written communications addressed to the City Council and give it immediate attention to the end that all administrative business referred to in said communication not necessarily requiring Council action may be acted upon between Council meetings.
(a) Members of the City Council receive a large volume of mail and other materials from the public and staff. The City Clerk maintains an office mailbox for each member into which written correspondence shall be placed. Councilmembers must check their mailbox frequently.
(b) The City Clerk may provide for a city courier to deliver materials to the homes of Councilmembers when materials are time sensitive.
2. Councilmember Responsibilities. If correspondence is received directly by a Councilmember without the City Clerk having opened and examined same, the Councilmember shall be responsible for providing to the City Clerk the correspondence that is required to be included with agenda materials, as set forth in the Brown Act. All such communications shall be deemed a public record upon receipt, except as set forth in the Public Records Act or other applicable law.
B. City-Issued E-mail Address. Each Councilmember is provided with a City of Victorville domain e-mail address for City-related business purposes and to receive e-mail from constituents, other members of the public, government agencies, etc.
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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.
IV. USE OF PERSONAL ACCOUNTS AND PERSONAL ELECTRONIC DEVICES FOR CITY BUSINESS
A. Status as Public Records. Text messages, emails, and other electronic communications that deal in some substantive manner with the conduct of City business created on, stored on, and/or transmitted by personal accounts or personal electronic devices may be subject to disclosure under the Public Records Act.
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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 or her personal electronic messaging account or device to his or her City electronic messaging account, or
(b) forward the electronic communication to his or her City account as soon as feasible after the original creation or transmission of the electronic communication.
C. Use of City Social Media Sites. The City has established and operates several social media sites for the purposes of promoting updated information to the public of various City events and City related business activities. Such sites include but are not limited to Facebook, TikTok, Twitter Threads, Instagram, YouTube and LinkedIn.
These City social media sites are managed consistent with the Brown Act, the Political Reform Act, and the Elections Code. Except as otherwise authorized by the City Manager in writing, Members of the City Council or members of any City Commission, Board or Committee shall not respond to any published postings, or otherwise participate in any published postings (including such actions as “liking,” “sharing,” or “retweeting”) of the City’s social media sites, or use City social media sites to respond to, blog, engage in “serial meetings,” or otherwise discuss, deliberate, or express opinions in their “official capacity” on any matter within the subject matter jurisdiction of the City or the Commission, Board, or Committee, as applicable.
D. Compliance and Additional Policies. The City Council shall comply with the above provisions and any additional administrative policies the Council adopts for City-wide application regarding procedures to be followed with respect to communications received on personal accounts and devices when Public Records Act requests are made.
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CHAPTER 7 ‐ RELATIONSHIP AND CONDUCT
I. RELATIONSHIP AND CONDUCT WITH CITY MANAGER
A. Council-Manager Form of Government. The City has adopted a Council-manager form of government. This structure reflects the City Council’s role to establish City policy and priorities. The Council appoints a City Manager to implement this policy and undertake the administration of the organization. The City Council must work through the City Manager in dealing with City staff.
B. The City Council and City Manager Work as a Team. The City Council establishes policies for the overall operation of the City. The City Manager is appointed by the City Council to enforce its laws, to direct the daily operations of City government, to prepare and monitor the municipal budget, and to implement the policies and programs initiated by the City Council.
The City Manager is expected to adhere to the International City/County Management Association (ICMA) Code of Ethics, and the City Council must recognize said Code of Ethics when dealing with the City Manager. The City Manager is responsible to the City Council rather than to individual Councilmembers and directs and coordinates the various departments.
C. Productive Relationship Requirements. The employment relationship between the City Council and the City Manager honors the fact that the City Manager is the chief executive officer of the City. To facilitate a productive work relationship with the City Manager, the City Council and/or individual members shall do each of the following:
1. Except for the purpose of requesting information or assistance, deal with the administrative service under the City Manager solely through the City Manager as indicated in Section 2.04.210 of the Victorville Municipal Code. Neither the City Council nor any member shall give orders to, command the services of, or assign work to any subordinates of the City Manager, either publicly or privately. Alternately, contact may be made directly with Senior Management, as long as a copy of communication is forwarded to the City Manager. Senior Management shall inform the City Manager of all Councilmember contact.
2. Direct the City Manager to implement the Council’s policy decisions through the administrative functions of the City.
3. Treat City staff professionally, and refrain from publicly criticizing or belittling individual employees. Personnel issues are managed through established channels and procedures.
4. Avoid involvement in personnel issues related to City-Council-appointed staff, i.e., the City Manager and City Attorney, except during City Council Closed Sessions, when issues of hiring, firing, promoting, disciplining, etc., may be addressed appropriately.
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5. Discuss directly with the City Manager any displeasure with a department or staff member.
6. Refer complaints to the City Manager for further processing. Staff shall be given adequate time to investigate and respond to such complaints.
7. Receive from the City Manager timely information regarding unusual events that the public would be concerned about; e.g., anyone wounded by gunfire, an area cordoned off by police or fire, a significant event, etc.
8. Avoid communicating with persons or parties in litigation with the City (or any of the entities for which the City Council sits ex-officio as the governing board as noted in Chapter 2, Section IV.E.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;
5. to facilitate the preparation, duplication, preservation, and delivery of Council agenda materials; and
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6. to advise City departments about best practices for records management.
IV. RELATIONSHIP AND CONDUCT WITH STAFF
A. General considerations. Governance of a city relies on the cooperative efforts of elected officials, who set policy and priorities, and City staff, who analyze problems and issues; make recommendations; and implement and administer the City Council’s policies. To ensure the proper functioning of these cooperative efforts, Councilmembers must avoid intrusion into those areas that are the responsibility of staff. This is necessary to protect staff from undue influence and pressure from individual Councilmembers and to allow staff to execute priorities given by management and the Council as a whole.
B. Cooperation. Individual Councilmembers, as well as the Council as whole, shall receive the full cooperation and candor of staff in being provided with any requested information.
Requests of the City Attorney‘s office are to be submitted directly to the City Attorney. All other requests of staff are to be submitted through the City Manager’s office.
C. Issues of Pressure or Influence. Individual City Councilmembers shall not make attempts to pressure or influence staff decisions, recommendations, workloads, schedules, and department priorities without the prior knowledge and approval of the Council as a whole.
1. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must prevail upon a majority of the Council at an open meeting to do so as a matter of Council policy.
2. The City Council recognizes the primary functions of staff are in executing Council policy and actions taken by the Council as a body and in keeping the Council informed.
3. Staff is directed to reject any attempt by individual members of the Council to unduly direct or otherwise pressure them into making, changing, or influencing recommendations or business decisions in any manner.
V. REQUESTS FOR RESEARCH OR INFORMATION
A. General Considerations. Councilmembers should generally inform the City Manager prior to communicating directly with any employee below the Senior Management level. A Councilmember may request directly from department heads answers to routine questions or information on a given topic when it will require little or no research and have little or no impact to City operations. The Councilmember should also advise the City Manager of this request. City staff shall inform the City Manager of all Council contact.
B. Responses to Requests. Requests made by individual Councilmembers for information or assistance shall be for the sole purpose of fulfilling his or 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) Deleted: ¶
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the request is not of a magnitude, either in terms of workload or policy, that would require more than thirty (30) minutes of time in which to respond or is of such a nature that it would be more appropriately assigned to staff through the collective direction of the City Council. If the individual Councilmember request goes beyond these parameters, or in the judgment of the City Manager, is not within the scope of City policies or business, the City Manager will bring the request to the full Council for consideration. The method by which responses are delivered to Councilmembers shall comport with the City’s routine business practice.
C. Policy-Related Requests. All Council requests dealing with policy and such other requests that may be construed as direction shall be directed to the City Manager, except for routine general inquiries or questions that will not disrupt city operations, in which case, Councilmembers may approach Senior Management with their requests. Councilmembers may also contact the City Attorney or City Clerk.
D. Funding Requests. Any request from City Council requiring funding must be addressed with the City Manager. The City Manager shall respond in a timely manner.
E. Written Requests Preferable. To assist the City Manager, requests for information are best tracked if submitted in writing, either in memorandum form or through e-mail. And to ensure proper responsiveness, Councilmembers are asked to copy both the department head and the City Manager on all correspondence with staff.
F. Access to Certain Information Restricted. There are certain restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRs) under review are not available for release until complete and after review by City management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to members of the City Council. Certain aspects of Police Department affairs, such as access to restricted or confidential information related to crimes, may not be available to members of the City Council.
G. Dissemination of Information. In cases when a staff response to an individual Councilmember request involves written materials that may be of interest to other Councilmembers, the City Manager will provide copies of the material to all other Councilmembers. In making this judgment, the City Manager will consider whether the information is significant, new, otherwise not available to the Council, or of interest to the Council.
H. Disclosure of Information. No Councilmember may, without prior formal authorization of the City Council, disclose any confidential information concerning any other official or employee, or any other person, or any property, or governmental affairs of the City. Whether or not 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 or herself, or any other person. For the purposes hereof, “confidential information” shall mean information that is not generally known in the public and/or is not subject to disclosure under the California Public Records Act or other applicable law. Some examples of confidential information include attorney-client privileged communication, attorney-client work product, personnel, medical, or similar information—the disclosure of which would constitute an unwarranted invasion of privacy. (Govt. Code § 7920.000 et seq.) Deleted: ¶
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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 speaking on his or her own behalf and not as a member of the City Council. This is because when the Council acts, it acts as a whole, not as a group of individuals.
B. General Policy Considerations. An important role of a Councilmember is communication— communication with the public to assess community opinions and needs, communication with staff to provide policy direction, and communication to gain an understanding of the implications of various policy alternatives. Because the City Council acts as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking for the Council. Equally important, when members express personal views and not those of the Council, the public must be so advised.
II. CORRESPONDENCE FROM COUNCILMEMBERS
A. Stationery Use and Related Guidelines.
1. Use of City Letterhead. City letterhead shall be used by the Mayor, Mayor Pro Tem, and City Council only for official City business, communication of adopted City policies and positions, and any related communications. All Councilmembers should be copied on correspondence signed by the Mayor or other Councilmember. Use of City letterhead and/or title on personal matters (those not related to official city business) is not permitted.
2. Personal Stationery. Personal stationery without a City Logo shall be used by any member of the City Council to communicate individual positions, conduct personal correspondence, or communicate positions that may be in opposition to established City Council positions or decisions. Personal stationery shall be printed at the expense of the individual Councilmember, and the aforementioned types of communications shall be mailed at the individual Councilmember’s expense.
3. Correspondence Public Record. All Councilmember correspondence created using City resources, including, but not limited to, City letterhead, postage, envelopes, or staff time, are public records and shall be copied to the full Council, the City Manager, the City Attorney, and the City Clerk.
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4. Permission Required. Whenever a Councilmember other than the Mayor wishes to write a letter on City letterhead, he or 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 disciplinary sanction (a statement or resolution of repudiation), formal censure, and/or punishment pursuant to Government Code Section 36813 as set forth in Chapter 10 of this Manual. 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 or 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 Council’s adopted Strategic Plan. For State or Federal legislation that is actively moving Deleted: ¶
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through a legislative cycle and requiring immediate attention by the City, the Mayor, or in the absence of the Mayor the Mayor Pro Tem, with concurrence from the City Manager, may issue a letter stating the City’s position. In such a case, it shall be the City Manager’s role to concur that such legislation has a direct relationship to the City’s adopted Strategic Plan, and the City Manager reserves the right to ultimately defer this discretion to the City Council.
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 or her designated staff are authorized to issue press releases pertaining to City activities and events of public importance as he or 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 or her absence, shall represent the Council at ceremonial functions organized by the City. The Mayor or Mayor Pro Tem may, at his or 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 or 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 or she may designate a replacement. Nothing in this provision is meant to preclude a Councilmember from representing the Council at a ceremonial function where the event organizer has requested that a specific Councilmember attend the function.
F. Appearances before Agencies and Organizations. If a member of the City Council appears before another governmental agency or organization to give a statement on an issue affecting the City, the Councilmember should first indicate the majority position and opinion of the Council. Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not represent the position of the City Council.
G. Participation in Community Activities. From time to time, Councilmembers may choose to participate in community activities, committees, events, and task forces. When a Councilmember participates in these types of activities, the Councilmember is acting as an interested party rather than acting on behalf of the City Council. Acting or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representative for the matter.
H. Name Badges. The City issues name badges to all City Councilmembers, the City Manager, the City Clerk, Senior Management, department heads, City Planning Commissioners, City advisory committee members, and other City staff as deemed appropriate by the City Council.
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1. Official Use Only. It is not permissible for any City Councilmember or any of the personnel listed in Section H, above, to use his or her badge for any purpose except as reasonably necessary for identification when acting in their official capacities.
2. 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-23-03. Except as specified otherwise in this Section, the provisions of the Expense Reimbursement Policy set forth in Council Policy No. CP-23-03, or any amendment(s) to or successor Council Policy adopted in lieu thereof (“CP-23-03”) shall apply to all City Councilmembers. The provisions of Council Policy Nos. CP-935, CP-73-3, and CP-12-01 to the extent currently in effect, are completely superseded by this Section.
B. Events and Covered Expenses. In furtherance of the City’s goals and strategies set forth in the City’s adopted Strategic Plan (the “Strategic Plan”) and as long as all other requirements of this Section IV are also met, covered expenses (as that term is used in CP-23-03) 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.
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the expenditure approved except as provided below. 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 by the City Council shall not apply when: (i) a Councilmember is travelling for educational or training related purposes that are in direct furtherance of their role as a Councilmember, and such expenses do not exceed $1,200.00/year; (ii) the Mayor or Mayor Pro Tem is required to speak or offer testimony in support of a legislation position already approved by the City Council; or (iii) a Councilperson is traveling in connection with his or 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. Notwithstanding this exception, the Councilmember shall comply with CP-23-03 and particularly the Section requiring pre-approval by the City Manager.
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. Interstate/International Travel. No travel outside the state or the country is permitted without advance approval of the City Council, who shall make such decision at a Council Meeting under an agendized item requesting such approval.
3. Travel Arrangements. Hotel and travel accommodations may be made by City staff or the Councilmember. Councilmembers shall use best efforts to seek the most reasonable, cost-effective manner of travel and/or accommodations, keeping in mind that such travel and/or accommodations are being provided at the expense of the taxpayers.
F. Expense Reports Required. In order to receive expense reimbursements, Councilmembers shall complete and submit to the City Manager’s Office a Travel and Expense Reimbursement Form and Report (“Expense Report”) within a reasonable time after incurring the expense, but in no event, shall it be later than 30 days thereafter. The following rules shall also apply:
1. Each Expense Report shall be accompanied by all receipts documenting each expense with proof of the advance approval obtained from the City Council (or the City Manager, as applicable).
2. The Councilmember shall verify that the expenses for which reimbursement is sought were incurred on behalf of the City in the performance of official duties and otherwise meet the requirements of this Section IV.
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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 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.
H. Mileage Reimbursement/Allowance. In consideration of their additional duties and notwithstanding anything herein to the contrary, the Mayor and Mayor Pro Tem may choose to receive a monthly auto allowance, rather than mileage reimbursement, to cover the costs of City-related travel using their personal vehicles. The monthly allowance is $300 per month for the Mayor and $200 per month for the Mayor Pro Tem. Should the Mayor and/or Mayor Pro Tem opt to receive the allowance, it shall be paid in lieu of any mileage reimbursement request, except to the extent the mileage reimbursement request is made pursuant to City Council Policy No. CP-23-03, which allows for reimbursement for mileage in excess of 200 miles for City-related travel. To opt for the auto allowance, the Mayor and/or Mayor Pro Tem shall provide a written request to the City Manager.
V. GUIDELINES AND PROCEDURES FOR CEREMONIAL RECOGNITION ITEMS
A. General. The City of Victorville regularly receives requests from individuals and organizations for various ceremonial recognition items. These items can range from a simple letter or certificate of recognition to a plaque commemorating a special occasion or event.
B. Need for Guidelines. Ceremonial recognition items are presented purely as gestures of high esteem. If provided too freely or for less than honorable purposes, they are apt to lose significance and become meaningless. Therefore, these Guidelines and Procedures for the issuance and presentation of ceremonial recognition items shall be adhered to fully.
C. Jurisdictional Limitations and Description of Ceremonial Recognition Items. Ceremonial recognition items shall be awarded to businesses, organizations, and individuals located in, providing services in, or residing exclusively in the City of Victorville. All other requests will be denied, and the requesting party shall be referred to the appropriate jurisdiction.
1. Certificates of Recognition in Presentation Folders. Certificates of Recognition in Presentation Folders are conferred to commend and recognize businesses located in the City of Victorville during small-scale ribbon cuttings, groundbreakings, grand openings, and open house events.
2. Letters of Recognition/Congratulations. Letters of Recognition/Congratulations are conferred to commend and recognize the following:
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(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 conferred to commend and recognize the following:
(a) Exceptional contributions or contributions of consequence 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.
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 and/or the City Clerk in furtherance of their official duties.
2. Each request must be submitted in writing to the City Clerk, except when the Public Information Officer, in furtherance of his or her official duties, is the requester.
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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 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. The Mayor and Mayor Pro Tem reserve the right to modify any request in order to provide the most appropriate form of recognition.
6. All requests shall be approved or denied by the Mayor and the Mayor Pro Tem. To the extent the Mayor and Mayor Pro Tem are not in agreement then the 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.
7. Councilmembers shall uphold the good purpose intended for ceremonial recognition items. Therefore, in keeping with the Councilmembers’ Code of Ethics to be above reproach and avoid the appearance of impropriety, Councilmembers shall not request ceremonial recognition items for any private or personal interest, including politics.
Furthermore, no Councilmember may request an official recognition for or on behalf of any business, organization, or individual associated with an organization in which the Councilmember serves as an employee, member, or volunteer.
8. Only one official signed copy of any form of recognition will be issued per individual or organization per calendar year.
9. 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.
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2. The City Manager and his or her City Clerk shall ascertain whether the prospective recipient is in good standing with the City, has any potential conflicts of interest, and/or is related to any member serving on the City Council or working in the City.
3. If the prospective recipient is in good standing with the City, but another potentially disqualifying circumstance exists with either the requester or the prospective recipient, the information shall be brought to the City Council at the next available City Council meeting to determine whether it is appropriate to provide the ceremonial recognition item.
F. Additional Information Related to Ceremonial Recognition Items.
1. All requests will be submitted to the City Manager and City Clerk at a weekly review meeting for consideration. The Mayor and Mayor Pro Tem shall be informed of all
requests, whether deemed consistent or inconsistent with the guidelines in this Chapter.
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 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 or her designee shall be the presenter. Notwithstanding the forgoing, when an event organizer(s) has invited one Councilmember to an event, that Councilmember shall be the Mayor’s designee.
4. Letters of Recognition/Congratulations may be mailed.
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CHAPTER 9 ‐ COMMISSIONS, COMMITTEES, AND BOARDS
I. PURPOSE AND GENERAL CONSIDERATIONS
A. Role of City Commissions, Committees, and Boards. Most commissions, committees, and boards established by the City Council are advisory to the City Council. The role of all such commissions, committees, or boards is to make recommendations to the City Council on matters affecting the City of Victorville. Except as otherwise provided in State or local law, commissions and committees have no independent role separate and apart from their role as advisory to the City Council. Commissions, committees, and boards have no authority to appropriate funds or make policy except as otherwise approved by the City Council.
B. Nomination and Confirmation. On or before December 31st of each year, the City Clerk (or such other staff as the Council may designate) shall prepare and provide to the City Council an appointments list of all regular and ongoing commissions, committees, and boards appointed by the Council and the terms of the members of such boards, committees, and commissions that will expire during the next calendar year as required by Government Code Section 54970 et seq., also known as the Maddy Act. City Council Resolution No. 13-049 identifies that the normal term of each regular committee member shall be four years, more or less, and shall be coterminous with the term of office of the nominating Councilmember.
As such, in years when a City Council election takes place, all seats on commissions, committees, and boards for newly elected Councilmembers will be open for nomination and appointment. In years when there is no City Council election, only those seats that are unfilled will be open for nomination and appointment. Such nominations must be confirmed by a majority vote of the full membership of the City Council in order for an appointment to occur. The Presiding Officer shall facilitate appointments in accordance with nomination and appointment procedure set forth in Chapter 2, Section II, points 1-7. 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.
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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.