Agenda packet — Victorville City Council, September 15, 2026 (part 2 of 3)

Pricing Summary
Payment Term Upfront Sale Price
Upfront Costs*
$22,019.50
Upfront Subscription Fee
L5M Mobile System Purchase Annually $5,629.08
Sub Total: $27,648.58
Payment Term Sale Price Annual Sale Price
Year 2 Subscription Fee
L5M Mobile System Purchase Annually $5,629.08 $5,629.08 Year 3 Subscription Fee
L5M Mobile System Purchase Annually $2,244.48 $2,244.48 Year 4 Subscription Fee
L5M Mobile System Purchase Annually $2,244.48 $2,244.48 Year 5 Subscription Fee
L5M Mobile System Purchase Annually $2,244.48 $2,244.48 Sub Total: $12,362.52
Grand Total System Price (Inclusive of Upfront and Annual Costs) $40,011.10 *Upfront costs include the cost of Hardware, Accessories and Implementation, where applicable.

Notes:
● The Pricing Summary is a breakdown of costs and does not reflect the frequency at which you will be invoiced.

●

This quote contains items with approved price exceptions applied against them.

QUOTE-3465539
Victorville (2) 4 CAM L5M

Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

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Line #

Item Number

Parametric Data

1 VS-DLF-01

CUSTTYPE = LAW ENFORCEMENT,AGDOMAIN = 1000189953,CAMMODEL = Mobile

QUOTE-3465539
Victorville (2) 4 CAM L5M

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

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L5M MOBILE SYSTEM SOLUTION DESCRIPTION
L5M MOBILE SYSTEM
The L5M Mobile Camera System stands out with its industry-leading image sensor, delivering unparalleled low-light performance and precise license plate, make and model recognition. Its global shutter ensures clear capture of high - speed vehicles, while its seamless integration with our advanced software suite, VehicleManager, enables comprehensive data analysis and robust management tools, setting a new standard for law enforcement and security operations.

Key Features and Benefits:
 Superior Detection Capabilities: The L5M Mobile System leverages dual high-quality color and infrared (IR) sensors with dedicated lenses and IR illumination, ensuring the clarity of license plates even at speeds up to 150 MPH. AI-powered make and model identification and ONVIF-compliant video streaming enhance data accuracy and breadth.
 Enhanced In-Car User Experience: CarDetector Mobile software provides audio and visual alerts for hot- listed vehicle detections and allows seamless, in-car investigations. The interface is designed for a familiar, efficient user experience and integrates seamlessly with other Motorola products.  Flexible Deployment Options: The L5M Mobile System can be configured with various lenses for 4 to 85- foot scan distances and mounted in multiple positions on vehicles. The VIP processor supports up to four cameras, enabling continuous scanning at up to 60 FPS. Quick activation via CarDetector Mobile and constant connectivity with GPS and LTE ensure reliable performance.  Durable and Low Maintenance: IP68-rated for harsh conditions, the L5M Mobile System withstands shock, vibration, extreme temperatures, and inclement weather. It is designed for year-round use and includes automatic updates to ensure the latest features and optimal performance.  Advanced-Data Management: Integrating with VehicleManager, the L5M Mobile System facilitates detailed searches, hot list management and advanced analytics on billions of LPR records. The system offers transformative vehicle location intelligence while maintaining industry-leading data control and program success security standards.
 High-Speed, High-Traffic Performance: Designed for high-speed, high-traffic environments, the L5M Mobile System captures precise, reliable license plate data, enhancing the effectiveness of law enforcement and security operations.

Deploy the L5M Mobile System to enhance your LPR capabilities with superior image quality, f lexible deployment, and advanced data management and analytics, ensuring reliable performance in any environment.

QUOTE-3465539
Victorville (2) 4 CAM L5M

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

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LICENSE PLATE RECOGNITION TECHNOLOGY STATEMENT OF WORK

OVERVIEW
This Statement of Work (SOW) outlines the responsibilities of Motorola Solutions, Inc. (Motorola) and the Customer for the implementation of fixed or mobile License Plate Recognition (LPR) technology(s) and your License Plate Recognition Technology solution, if Deployment or Installation Services are purchased as part of the Contract. For the purpose of this SOW, the term “Motorola” may refer to our affiliates, subcontractors, or certified third-party partners. A third-party partner(s) (Motorola-certified installer) will work on Motorola’s behalf to install your License Plate Recognition Technology system(s) (if applicable).

This SOW addresses the responsibilities of Motorola and the Customer that are relevant to the implementation of the hardware and software components listed in the Solutions Description. Any changes or deviations from this SOW must be mutually agreed upon by Motorola and the Customer and will be addressed in accordance with the change provisions of the Contract. The Customer acknowledges any changes or deviations from this SOW may incur additional cost.

Motorola and the Customer will work to complete their respective responsibilities in accordance with the Project Schedule. Any changes to the Project Schedule must be mutually agreed upon b y both parties in accordance with the change provisions of the Contract.

Unless specifically stated, Motorola will perform the work remotely. The Customer will provide Motorola personnel with access to their network and facilities so Motorola is able to fulfill its obligations. The Customer is responsible for acquisition and use of a remote access tool that complies with the regulations controlling use of the remote access tool. All work will be performed during normal business hours based on the Customer’s time zone (Monday through Friday from 8:00 a.m. to 5:00 p.m.).

The number and type of software subscription licenses, products, or services provided by Motorola are specifically listed in the Contract and referenced in the SOW. Services provided under thi s SOW are governed by the mutually executed Contract between the parties, or Motorola’s Master Customer Agreement and applicable addenda (“Contract”).

AWARD, ADMINISTRATION, AND PROJECT INITIATION
Project Initiation and Planning will begin following the execution of the Contract between Motorola and the Customer. At the conclusion of Project Planning, Motorola’s Project Manager (PM) will begin status meetings and provide status reports on a regular cadence with the Customer’s PM. The status report will provide a summary of activities completed, activities planned, progress against the project schedule, items of concern requiring attention, as well as, potential project risks and agreed upon mitigation actions.

Motorola utilizes Google Meet as its teleconference tool. If the Customer desires to use an alternative teleconferencing tool, any costs incurred from the use of this alternate teleconferencing tool will be the responsibility of the Customer.

QUOTE-3465539
Victorville (2) 4 CAM L5M

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

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FBI-CJIS SECURITY POLICY – CRIMINAL JUSTICE INFORMATION CJIS Security Policy Compliance
Motorola does not believe our LPR and License Plate Recognition Technology offerings require compliance with the FBI-CJIS Security Policy (CJISSECPOL) based on the definition in Section 4 of CJISSECPOL and how the FBI-CJIS defines Criminal Justice Information. However, Motorola does design its products with the CJISSECPOL security controls as a guide. Motorola’s LPR system design and features support best practice security controls and policy compliance. In the event of a CJIS technical audit request, Motorola will support the Customer throughout this process.

Personnel Security – Background Screening
Motorola will assist the Customer with completing the CJIS Security Policy Section 5.12 Personnel Security related to authorized personnel background screening when requested to do so by the Customer. Based on Section 5.12, a Motorola employee is defined as someone who is required to be on the Customer’s property with unescorted access. Motorola employees will also have access to the Customer’s network(s) and stored information. Motorola has remote access tools to support virtual escorted access to on -premises customer assets.

Additionally, Motorola performs independent criminal background investigations including name based background checks, credential and educational vetting, credit checks, U.S. citizen and authorized worker identity verification on its employees.

Motorola will support the Customer in the event of a CJIS audit request to validate employees assigned to the project requiring CJIS Section 5.12 Personnel Security screening and determine whether this list is up to date and accurate. Motorola will notify the Customer within 24 hours or next business day of a personne l status change.

Security Awareness Training
Motorola requires all employees who will support the Customer to undergo Level 3 Security Awareness Training provided by Peak Performance and their CJIS online training platform. If the Customer does not have ac cess to these records, Motorola can facilitate proof of completion. If the Customer requires additional and/or separate training, Motorola will work with the Customer to accommodate this request at an additional cost.

CJIS Security Addendum
Motorola requires all employees directly supporting the Customer to sign the CJIS Security Addendum if required to do so by the Customer.

Third Party Installer
The Motorola-certified third party installer will work independently with the Customer to complete the Section 5.12 Personnel Security checks, complete Security Awareness Training and execute the CJIS Security Addendum.

COMPLETION CRITERIA
The project is considered complete once Motorola has completed all responsibilities listed in this SOW. The Customer’s task completion will occur based on the Project Schedule to ensure Motorola is able to complete all tasks without delays. Motorola will not be held liable for project delays due to incomplete Customer tasks.

QUOTE-3465539
Victorville (2) 4 CAM L5M

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

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The Customer must provide Motorola with written notification if they do not accept the completion of Motorola responsibilities. Written notification must be provided to Motorola within ten (10) business days of task completion.

The project will be deemed accepted if no written notification is received within t en (10) business days.

In the absence of written notification for non-acceptance, beneficial use will occur thirty (30) days after functional demonstration of the system.

SUBSCRIPTION SERVICE PERIOD
If the contracted system includes a subscription, the subscription service period will begin upon the Customer’s receipt of credentials for access. The provision and use of the subscription service is governed by the Contract.

PROJECT ROLES AND RESPONSIBILITIES OVERVIEW
Motorola Project Roles and Responsibilities (if applicable) The Motorola Project Team will be assigned to the project under the direction of the Motorola Project Manager.

Each team member will be engaged in different phases of the project as necessary. Some team members will be multi-disciplinary and may fulfill more than one role.

In order to maximize effectiveness, the Motorola Project Team will provide various services remotely by teleconference, web-conference, or other remote method in order to fulfill our commitments as outlined in this SOW.

Our experience has shown customers who take an active role in the operational and educational process of their system realize user adoption sooner and achieve higher levels of success with system operation. The subsections below provide an overview of each Motorola Project Team Member.

Project Manager (PM)
The PM will be the principal business representative and point of contact for Motorola. The PM’s responsibilities may include but are not limited to:
 Manage Motorola responsibilities related to the delivery of the project.  Maintain the Project Schedule, and manage assigned Motorola personnel, subcontractors, and suppliers as applicable.
 Coordinate schedules of assigned Motorola personnel, subcontractors, and suppliers as applicable.  Maintain project communications with the Customer.
 Identify and manage project risks.
 Coordinate collaboration of Customer resources to minimize project delays.  Evaluate project status against Project Schedule.
 Conduct status meetings on mutually agreed upon dates to discuss project status.  Provide timely responses to Customer inquiries and issues related to project progress.  Conduct status calls with the Customer throughout the Project up to and including Go-Live.

System Technologist
The System Technologist (ST) will work with the Customer’s Project Team on:
 Camera programing
 Camera alignment

QUOTE-3465539
Victorville (2) 4 CAM L5M

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

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 Licensed Software Training
 Develop and submit Start Up and Commissioning Sign Off (SSU&C) Technical Trainer / Instructor
The Technical Trainer / Instructor provides training in accordance with the Training Plan provided to the Customer.

Motorola-Certified Installer
The Motorola-certified installer is primarily responsible for installing in-car and fixed LPRs. There are specific requirements the 3rd party partner must meet in order to be considered a Motorola-certified installer, and they include (but are not limited to) the following:

Required Training
 SSU&C Onsite Training
- Included Certification testing completed and passed
 Networking (must meet one of the following three requirements) - CompTia Network + Certification
- Networking Degree in IT
- Basic Networking RDS003
 ASE Certification for Mobile Installers
 Electrical Certification
- Electrical Certification/Permitting
 Low Voltage Certification
 High Voltage Certification
 Equipment Certification
- Bucket Truck Certification
- Any applicable testing equipment certification
Other responsibilities the Motorola-certified installer may be involved in include the fixed and/or mobile installation of cellular routers, wired networks, poles, trenching, and conduit runs as well as the manufacturing and/or service of trailers. These activities will only be completed by Motorola if Motorola quotes these services; otherwise, the completion of these services are solely the responsibility of the Customer.

Customer Support and Services Team
The Customer Support and Services Team will provide on-going support to the Customer following Go-Live and final acceptance of the project.

Customer Project Roles and Responsibilities (if applicable) Motorola has defined key resources that are critical to this project and must participate in all the activities defined in this SOW. During the Project Planning phase, the Customer will be required to provide names and contact information for the roles listed below. It is critical that these resources are empowered to make decisions based on the Customer’s operational and administration needs. The Customer Project Team will be engaged from Project Initiation through Beneficial Use of the system. In the event the Customer is unable to provide the resources identified in this section, Motorola may be able to supplement these resources at an additional cost.

QUOTE-3465539
Victorville (2) 4 CAM L5M

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

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Project Manager
The PM will act as the primary point of contact for the duration of the project. In the event t he project involves multiple locations, Motorola will work exclusively with the Customer’s primary PM. The PM’s responsibilities will include, but are not limited to:
 Communicate and coordinate with other project participants.  Manage the Customer Project Team including subcontractors and third-party vendors. This includes timely facilitation of tasks and activities.
 Maintain project communications with the Motorola PM.  Identify tasks required of Customer staff that are outlined in this SOW and the Project S chedule.  Consolidate all project inquiries from Customer staff to present to Motorola PM.  Approve a deployment date offered by Motorola.
 Review Project Schedule with the Motorola PM and finalize tasks, dates, and responsibilities.  Measure and evaluate progress against the Project Schedule.  Monitor project to ensure resources are available as required.  Attend status meetings.
 Provide timely responses to issues related to project progress.  Liaise and coordinate with other agencies, Customer vendors, contractors, and common carriers.  Review and administer change control procedures, hardware and software certification, and all related project tasks required to meet the deployment date.
 Ensure Customer vendors’ readiness ahead of the deployment date.  Assign one or more personnel to work with Motorola staff as needed for the duration of the project, including one or more representatives from the IT department.
 Identify a resource with authority to formally acknowledge and approve milestone recognition certifica tes, as well as, approve and release payments in a timely manner.  Provide Motorola personnel with access to all Customer facilities where system equipment is to be installed.

Temporary identification cards are to be issued to Motorola personnel, if require d for access.  Ensure remote network connectivity and access for Motorola resources, if applicable to the solution.  Assume responsibility for all fees pertaining to licenses, permits, inspections and any delays associated with inspections due to required permits as applicable to this project.  Provide reasonable care to prevent equipment exposure from contaminants that may cause damage to the equipment or interruption of service.
 Ensure a safe working environment for Motorola personnel.  Identify and manage project risks.
 Provide signature(s) of Motorola-provided milestone recognition certificate(s) within ten (10) business days of receipt.

IT Support
IT Support manages the technical efforts and ongoing activities of the Customer’s system. IT Support will be responsible for managing Customer provisioning and providing Motorola with the required information for LAN, WAN, server and client infrastructure.

The IT Support Team responsibilities include but are not limited to:
 Participate in delivery and training activities to understand the software and functionality of the system.  Participate with Customer Subject Matter Experts (SMEs) during the provisioning process and associated training.

QUOTE-3465539
Victorville (2) 4 CAM L5M

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

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 Authorize global provisioning decisions and be the Point of Contact (POC) fo r reporting and verifying problems.
 Monitor firmware updates
 Implement changes to Customer infrastructure in support of the proposed system.

Agency Manager
The Agency Manager will act as the primary POC upon project completion.  Push internal requests for updates through appropriate channels  Monitor all firmware updates and all other security measures for physical hardware as required by the Customer internal policies
 Administer users
 Audit reports
 Manage Hotlist and Hotlist functionality
 Attend Agency Manager training
 Oversee or act as the training POC
 Ensure all Authorized Users are aware of usage restrictions and any applicable terms related to the use of the LPR System
 Controls appropriate use and data storage policies as well as procedures for the da ta maintained outside the LPR system. This includes when any information is disseminated, extracted or exported out of the LPR system
 Controls and is responsible for developing the policies, procedures, and enforcement for applying deletion/purging and dissemination rules to information within and outside of the LPR system.  Ensure data and system protection strategies are accomplished through the tools provided by Motorola for account and user management features along with audit and alert threshold feature s.

Subject Matter Experts (SMEs)
SMEs are a core group of users involved with the analysis, training and implementation process. The SMEs should be experienced users in their own respective field (evidence, dispatch, patrol, etc.) and should be empowered by the Customer to make decisions based on workflows and department policies related to the proposed system.

General Customer Responsibilities (If Applicable)
In addition to the Customer responsibilities listed above, the Customer is responsible for the fo llowing:
 Customer Site. If the Solution is to be installed at a Customer location (“Site”), the Solution will only be installed and/or evaluated at the Customer sites identified.  Customer will be responsible for providing all necessary permits, licenses, and other approvals necessary for the installation and use of the Products and the performance of the Services at each applicable Site, including for Motorola to perform its obligations hereunder, and for facilitating Motorola’s access to the Sites. This includes, but is not limited to providing a traffic safety plan to facilitate the safe deployment of all Equipment that is installed on, over, or near Sites with active roadways. No waivers of liability will be imposed on Motorola or its subcontractors by Customer or others at Customer facilities or other Sites, but if and to the extent any such waivers are imposed, the Parties agree such waivers are void. The Equipment used for the Services will only be located at such site.
 If the Solution is to be accessed remotely, Customer will only access Solution in the manner described by Solution documentation or as otherwise instructed by Motorola.

QUOTE-3465539
Victorville (2) 4 CAM L5M

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

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 Site Conditions and Issues. Customer will ensure that (a) all Sites are safe and secure, (b) Site conditions meet all applicable industry and legal standards (including standards promulgated by OSHA or other governmental or regulatory bodies), (c) to the extent applicable, Sites have adequate phys ical space, air conditioning, and other environmental conditions, electrical power outlets, distribution, equipment, connections, and telephone or other communication lines (including modem access and interfacing networking capabilities), and (d) Sites are suitable for the installation, use, and maintenance of the Products and Services. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date.
 All costs associated with permitting.
 Supply a proper power source to all Motorola Solutions provided equipment.  Provide ALL points of attachment for hardware that include fixed LPR Cameras and associated equipment and ensuring all equipment is attached in accordance with local policies and codes.  Supply any new infrastructure required to mount or attach the Motorola Solutions hardware to.  Trenching as required for the purpose of running electrical power  All poles and existing infrastructure that are not being purchased from Motorola a s part of the LPR solution.  All Utility locates needed for impacted areas.
 Providing the communications point of attachment for each site.  When cellular service is used as the point of connection, customer is responsible for providing cellular service and SIM cards if they are not being purchased from Motorola as part of the LPR solution.  All Customer-provided equipment, including third-party hardware and software needed for the proposed system but not listed as a Motorola deliverable. Examples include end user workstations, network equipment, etc.
 Configure, test, and maintain third-party system(s) that will interface with the proposed system.  Establish an Application Programming Interface (API) for applicable third-party system(s) and provide documentation that describes the integration to the Motorola system.  All work is to be performed by Motorola-certified installers. The Customer is responsible for work performed by non-certified installers.
 Upgrades to Customer’s existing system(s) in order to support the proposed system.  Mitigate the impact of upgrading Customer third-party system(s) that will integrate with the proposed system.

Motorola strongly recommends working with the Motorola Project Team to understand the impact of such upgrades prior to taking action.
 Electronic versions of any documentation associated with business processes identified.  Ability to participate in remote project meetings using Google Meet or a mutually agreed upon Customer - provided remote conferencing tool.
 Manage the Hotlist in accordance with the rules and regulations of the Customers State.

Motorola is not responsible for any delays that arise from Customer’s failure to perform the responsibilities outlined in this SOW or delays caused by Customer’s third-party vendor(s) or subcontractor(s).

NETWORK AND HARDWARE REQUIREMENTS
The following requirements must be met by the Customer prior to Motorola installing the proposed system:
 Provide network connectivity for the transfer and exchange of data for the proposed system.  Provide remote access for Motorola personnel to configure the system and conduct diagnostics.  Provide Internet access to fixed and mobile equipment.  Provide devices such as workstations, tablets, and smartphones with Internet access for system usage.

Chrome is the recommended browser for optimal performance. The workstations must support MS Windows 11 Enterprise.

QUOTE-3465539
Victorville (2) 4 CAM L5M

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

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 Provide and install antivirus software for workstation(s).  Provide Motorola with administrative rights to Active Directory for the purpose of installation, configuration, and support (if applicable).
 Ensure required traffic is routed through Customer’s firewall.

Motorola is not responsible for any costs or delays that arise from Customer’s failure to meet network and hardware requirements.

PROJECT PLANNING
A clear understanding of the needs and expectations of Motorola and the Customer is critical to fostering a collaborative environment of trust and mutual respect. Project Planning requires the gathering of specific information to set clear project expectations and guidelines, as well as lay the foundation for a successful implementation.

Project Planning Session (if applicable)
A Project Planning Session will be scheduled after the Contract has been executed. The Project Planning Session is an opportunity for the Motorola and Customer PM to meet prior to the Project Kickoff Meeting and review key elements of the project and expectations. Depending on the items purchased, the agenda will typically include:
 A high level review of the following project elements:
- Contract documents.
- A summary of contracted applications and hardware as purchased. - Customer’s involvement in project activities to confirm understanding of scope and required time commitments.
- A high level Project Schedule with milestones and dates.  Confirm CJIS background investigations and fingerprint requirements for Motorola employees and/or subcontractors.
 Confirm Customer location for Motorola to ship their equipment for installation.

Motorola Responsibilities
 Schedule the remote Project Planning Session.
 Request the assignment of Customer Project Team and any additional Customer resources that are instrumental to the project’s success.
 Provide the initial Project Schedule.
 Baseline the Project Schedule.
 Review Motorola’s delivery approach.
 Document mutually agreed upon Project Kickoff Meeting Agenda.  Request user information required to establish the Customer in associated training portals.

Customer Responsibilities
 Identify Customer Project Team and any additional Customer resources that are instrumental to the project’s success.
 Acknowledge the mutually agreed upon Project Kickoff Meeting Agenda.  Provide approval to proceed with the Project Kickoff Meeting.

QUOTE-3465539
Victorville (2) 4 CAM L5M

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

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Motorola Deliverables
 Project Kickoff Meeting Agenda.

Project Kickoff (if applicable)
Motorola will work with the Customer to understand the impact of introducing a new solution and the preparedness needed for a successful implementation.

Note – The Detail Design Review (DDR), if applicable, is completed during the pre-sales process and normally completed prior to Contract award. Delay in the DDR review may impact the project schedule. Motorola will not be responsible for additional costs or delays incurred for Customer requested changes to the DDR.

Motorola Responsibilities
 Review Contract documents including project delivery requirements as described in this SOW.  Discuss the deployment start date and deliver the Deployment Checklist.  Discuss Mobile LPR equipment installation activities and responsibilities.  Discuss Fixed LPR installation activities and responsibilities.  Discuss project team participants and their role(s) in the project with fulfilling the obligations of this SOW.  Review resource and scheduling requirements.
 Review the DDR, arranging for additional meeting for review as needed  Review the Credentials Form
 Discuss Motorola remote system access requirements (24-hour access to a secured two-way Internet connection through the Customer’s firewall for the purpose of deployment and maintenance).  Complete all necessary documentation (i.e. fingerprints, background checks, card keys, etc.) required for Motorola resources to gain access to Customer facilities.  Discuss the Training Plan.
 Review and agree on completion criteria and the process for transitioning to support .

Customer Responsibilities
 Provide feedback on project delivery requirements.
 Review the Deployment Checklist.
 Review the roles of project participants to identify decision-making authority.  Grant Motorola Support access in the License Plate Recognition Technology program  Validate non-disclosure agreements, approvals, and other related items are complete (if applicable).  Provide all documentation (i.e. fingerprints, background checks, card keys, etc.) required for Motorola resources to gain access to Customer facilities.

Motorola Deliverables
 Project Kickoff Meeting Minutes
 Deployment Checklist

QUOTE-3465539
Victorville (2) 4 CAM L5M

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

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PROJECT EXECUTION
Hardware Procurement and Installation (if applicable)
Motorola will procure contracted hardware as part of the ordering process. The Customer is r esponsible for providing an installation environment that meets manufacturer’s specifications for the hardware, which includes but is not limited to:
 Power
 Heating and Cooling
 Network Connectivity
 Access and Security
 Conduit and Cabling
Motorola Responsibilities
 Procure contracted equipment and ship to the Customer's designated location.  Verify remote connection to hardware.
 The installer will be responsible for installing all Motorola provided hardware.  Installer will utilize a certified electrician when wiring power to equipment.  Verify whether the hardware is properly installed, connected to the network, and positioned to capture license plate data. (if applicable).
 Create a Trip Report outlining the activities completed during configuration a nd testing of system hardware.

Customer Responsibilities (if applicable)
 Provide Motorola with the correct IP address(es) for configuration  Ensure the Customer’s network is operational.
 Inventory LPR equipment after arrival at Customer location.  Procure Customer-provided equipment and make it available at the installation location.  Install backend server in Customer's designated area (if applicable).  Confirm the server room complies with environmental requirements (i.e. power, uninterruptible power, surge protection, heating/cooling, etc.)(if applicable).
 Verify the server is connected to the Customer’s network and installed for use.(if applicab le)  Conduct a power-on test to validate the installed hardware and software are ready for configuration.  Provide, install, and maintain antivirus software for server(s) and/or workstation(s).  Enable outgoing network connection (external firewall) to License Plate Recognition Technology  Install Customer-supplied Access Points (if applicable).  Verify all equipment directly connected to power is properly installed and connected to the network (if applicable).
 For remote deployments, the Customer is responsible for verifying all equipment is connected to their network  Confirm access to installed software on Customer-provided workstation(s).

Motorola Deliverables
 Contracted Equipment

QUOTE-3465539
Victorville (2) 4 CAM L5M

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

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Mobile LPR Camera System (If Applicable)
The Motorola-certified installer will complete the installation of the Mobile LPR system(s) within the Customer - provided vehicle(s) or selected location. The installer may also be responsible for installing cellular routers or Wi - Fi radios inside the vehicle(s) for wireless upload of video and images.

The Customer vehicles must be available for the ST to complete the configuration and test ing of the contractual number of Mobile LPR cameras. If the Customer does not have all vehicles available during the agreed upon date and time, the Customer may opt to sign-off on the number of Mobile configurations completed. If the Customer requires the ST to complete the full contractual number of Mobile LPR Cameras at a later date and time, additional cost may be incurred.

Note – The Pricing Page will reflect the Mobile LPR installation services by Motorola if Motorola is responsible for the installations.

Motorola Responsibilities
 Setup server for Mobile LPR digital video recorder (DVR) configuration.  Create configuration USB used to complete Mobile LPR hardware configuration and validation.  Travel to the Customer site to conduct configuration and testing of Mobile LPRs.  Complete Mobile LPR configuration on a single vehicle, and validate the configuration with the Customer.  Point and aim the Mobile LPR camera for image capturing.  Install Licensed Software on Customer-provided mobile data terminal (MDT)  Configure MDT Netowrk Card
 Enable AI in Video Manager
 Configure NetMotion (if applicable)
 Receive Customer approval to proceed with remaining Mobile LPR configurations.  Complete remaining contracted vehicle configurations.  Test a subset of completed Mobile LPR hardware configurations.  For Motorola-certified installer, complete the installation of cellular router and confirm placement of antenna mounting with Customer (if applicable).
 The Motorola-certified installer will install Customer-provided SIM card into cellular router and connect cellular router to the Mobile LPR (if applicable).

Customer Responsibilities
 Provide Motorola with remote connection and access credentials to complete Mobile LPR hardware configuration.
 Notify Motorola of the vehicle installation location.  Coordinate and schedule date and time for Mobile LPR hardware configuration(s).  Make Mobile LPR hardware available to Motorola for configuration and testing in accordance with the Project Schedule.
 Provide cellular SIM Card for Internet connectivity to the installer at time of installation.

Motorola Deliverables
 Complete Configuration and camera aiming as it applies to the proposed solution.

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Fixed LPR Camera System Configuration (If Applicable)
The Motorola-certified installer will complete the installation of the Fixed LPR system(s) within the Customers designated locations. The installer may also be responsible for installing cellular routers or Wi -Fi radios for wireless upload of video and images. In the instance where Customer has purchased a self-deploy or quick- deploy camera without deployment or installation, the below Motorola responsibilities will be absorbed by the Customer.

Motorola Responsibilities
 Review preliminary plans for installation
 Verify with customer that proper permits and authorizations have been obtained  Identify installation locations (pole or infrastructure asset) on which to install the Fixed LPR camera  Motorola-certified installer will install the Fixed LPR camera  Point and aim the Fixed LPR camera for image capturing  Install License Plate Recognition Technology Software Customer Responsibilities
 Approve installation locations
 Obtain necessary permits and authorizations
 Provide power to installation locations
 Provide any required trenching
 Coordinate with local utility companies in the case of any interrupted service requests or instances NOTE - The Customer is responsible for having all vehicles and devices available for installation per the Project Schedule. All cellular data fees and Internet connectivity charges are the responsibility of the Customer. When cellular service is used as the point of connection, customer is responsible for providing cellular service, and SIM cards if they are not being purchased from Motorola as part of the LPR solution. If a Motorola-certified installer is not used for installation, Motorola is not responsible for any errors in hardware installation, performance or delays in the Project Schedule. In the event the Customer takes on the responsibility of install ing LPR cameras through a Motorola-certified installer, Motorola is also not responsible for any errors in hardware installation, performance or delays in the Project Schedule. For in-car LPR installations, an MDT is required for all vehicles (if applicable).

Automatic License Plate Recognition (ALPR) Commissioning (If Applicable) This section highlights the responsibilities of Motorola and the Customer when a Motorola In -Car Video (ICV) system interfaces with the LPR database.

Motorola Responsibilities
 Create a Customer account in the LPR data system with authorized user emails.  Verify License Plate Recognition Technology software has been installed and launched per the Quickstart Guide.
 Provide Mobile LPR - Officer Safety Basic and Advanced Pre-Installation Checklist.  Provide Agency Manager with Training Materials and Licensed Software MDT installation guide.  Advise Agency Manager of different options available to add new users.  Confirm Agency Manager is aware of registration required for Hotlists.  Confirm Agency Manager understands how to set up data-sharing.

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Customer Responsibilities
 Identify the Agency Manager.
 Register to receive access to Hotlists.

SOFTWARE INSTALLATION AND CONFIGURATION (IF APPLICABLE) Motorola will install LPR software on a specified number of workstations. The Customer will be responsible for installing the software on the remaining workstations.

Licensed Software for the Mobile LPR Solution
Licensed Software is used in conjunction with Mobile LPR cameras. Installation consists of the following activities:
 Network discovery.
 Operating system and software installation.
 Onboarding user / system identity set up.
 Provide user access to the application.

License Plate Recognition Technology
License Plate Recognition Technology software is a cloud solution that does not require an onsite server and supports the full LPR Solution.

Motorola Responsibilities
 Based on Customer feedback, perform the following activities:
- Create users, groups, and permissions.
 Test to ensure software is accessible to the Customer Customer Responsibilities
 Verify traffic can be routed through Customer’s firewall and reaches end user workstations.

CloudConnect Installation and Configuration (applicable for CommandCentral Aware purchase) Motorola Responsibilities
 Verify remote access capability.
 Remotely configure CloudConnect Virtual Machine within the Cloud Anchor Server.  Configure network connectivity and test connection to the CloudConnect Virtual Machine.  Create an IPSEC tunnel.
 Provide Customer with the information for setting up the IPSEC tunnel.

Customer Responsibilities
 Provide Motorola with two static IP addresses, corresponding subnet masks/default gateway, and available NTP and DNS IP for the CloudConnect Virtual Machine and the Cloud Anchor Server.  Confirm with Motorola the network performance requirements are met.  Configure firewall to allow traffic from IPSEC tunnel.

Completion Criteria
 CloudConnect Virtual Machine configuration is complete and accessible throughout the network.

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CommandCentral Evidence (if applicable)
Motorola will work with the Customer to determine best industry practices, current operations environment, and subsystem integration to ensure optimal configuration of your CommandCentral Evidence solution.

Motorola Responsibilities
 Use the CommandCentral Admin Portal to provision users, groups, and rules based on Customer Active Directory data.
 Guide the Customer in the configuration of CommandCentral Evidence.

Customer Responsibilities
 Supply access and credentials to Customer’s Active Directory for the purpose of Motorola conducting CommandCentral Evidence provisioning.
 Respond to Motorola’s inquiries regarding users, groups and agency mapping to CommandCentral Evidence.  Provision policies, procedures, and user permissions.  Configure evidence as directed by Motorola.

Third-Party Interfaces (if applicable)
The integration between Motorola’s LPR system and the Customer’s third -party system may consist of an iterative series of activities depending on the complexity of accessing the third-party system. Interfaces will be installed and configured in accordance with the Project Schedule. The Customer is responsible for engaging third -party vendors as required to facilitate connectivity and testing of the interface(s).

Motorola Responsibilities
Develop and configure interface(s) to support the functionality described in the Solution Description.

Establish and validate connectivity between Motorola and third-party systems.

Perform functional demonstration to confirm the interface(s) can transmit and receive data t o the Customer’s digital evidence management system.

Customer Responsibilities
 Act as liaison between Motorola and third-party vendor(s) as required to establish connectivity to the LPR system.
 Provide personnel authorized to make changes to the network and third-party systems to support Motorola’s integration efforts.
 Provide network connectivity between the LPR and the third-party system(s).  Provide information on API, SDKs, data scheme, and any documentation necessary to establish interfaces with all local and remote systems. This information should be provided to the Motorola PM within ten (10) business days of the Interface Engagement Meeting.

NOTE - At the time of initial design, unknown circumstances, requirements or anomalies may present difficulti es with interfacing Motorola products to a third-party application. These difficulties could result in a poorly performing or a non-functional interface. By providing Motorola with this information early in the deployment process, will put us in the best position to mitigate these potential issues. If the resolution requires additional third -party integration, application upgrades, APIs, and/or additional software licenses, the Customer is responsible for addressing these issues at their cost. Motorola is not responsible for any delays or costs associated with third-party applications or

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Customer-provided third-party hardware or software. All APIs provided by Motorola or integrations with third-party software are provided AS IS. Motorola is not liable for any claims or damages associated with third party applications, or Customer-provided third party hardware or software.

SYSTEM TRAINING
The objective of this section is to prepare for and deliver training. Motorola training consists of computer -based (online) and instructor-led (on-site or remote). Our training delivery methods will vary depending on course content. Training will be delivered in accordance with the Training Plan. As part of our training delivery, Motorola will provide user guides and training materials in an electronic format.

Online Training (if applicable)
Online training is made available to the Customer through LXP and/or Motorola vetted third party platforms.

Motorola Responsibilities
 Designate a LXP Administrator to work with the Customer (if applicable).  Establish an accessible instance of LXP for the Customer (if applicable).  Configure a Customer-specific portal view.
 Organize content to align with Customer’s selected technologies.  Create initial Customer user accounts and a single Primary Administrator account..  Provide technical support for user account and access issues, LXP functionality, and Motorola managed content (if applicable).
 Provide instruction to Customer on building groups.
 Coordinate third party platform usage and additional course offerings Customer Responsibilities
 Provide user information for the initial creation of accounts.  Complete LXP Administrator training (if applicable).
 Ensure network and Internet connectivity for Customer access to training platforms.

Instructor-Led Training (On-Site and/or Remote, if applicable) Instructor-led courses are based on products purchased and the Customer’s Training Plan.

Motorola Responsibilities
 Deliver User Guides and training materials in an electronic format.  Perform training in accordance with the provided Training Plan.  Provide the Customer with training attendance rosters and summarize any pertinent information that may impact end user training.

Customer Responsibilities
 Supply classroom(s) with the required computer and audio-visual equipment for training.  Designate training representatives who will work with the Motorola trainer(s) to deliver the training content.  Facilitate training of all Customer end users in accordance with the Customer’s Training Plan.

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Motorola Deliverables
 Electronic versions of User Guides and training materials.  Attendance rosters.

PROJECT GO-LIVE, CLOSURE, AND HANDOVER TO SUPPORT
Motorola will utilize the Deployment Checklist throughout the deployment process to verify features and functionality are in line with installation and configuration requirements. The Customer will witness the ST demonstrating the Deployment Checklist and provide feedback as features and functionality are demonstrated.

The Customer is considered Live on the system after the equipment has been installed, configured, and made available for use, and training has been delivered or made available to the Customer.

Upon the conclusion of Go-Live, the project is prepared for closure. Project closure is defined as the completion of tasks and the Customer’s receipt of contracted components. The Deployment Checklist serves as the artifact that memorializes a project closure. A System Acceptance Certificate will be provided to the Customer for signature to formally close out the project. The Customer has ten (10) business days to provide Motorola with a signed System Acceptance Certificate. If the Customer does not sign off on this document or provide Motorola written notification rejecting project closure, the project will be deemed closed. Upon project closure, the Customer will engage with Technical Support for on-going needs in accordance with the Customer’s specific terms and conditions of support.

Motorola Responsibilities
 Provide the Customer with Motorola Technical Support engagement process and contact information.  Provide Technical Support with the contact information of Customer users who are authorized to engage Technical Support.
 Ensure Deployment Checklist is complete.
 Obtain Customer signature on the System Acceptance Certificate.  Provide Customer survey upon closure of the project.

Customer Responsibilities
 Within ten (10) business days of receiving the System Acceptance Certificate, provide signatory approval signifying project closure.
 Provide Motorola with the contact information of users who are authorized to engage Motorola’s Technical Support.
 Engage Technical Support as needed.

Motorola Completion Criteria
 Provide Customer with survey upon closure of the project.

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ASSUMPTIONS
This SOW is based on the following list of assumptions (if applicable):
 Customer is aware of and abiding by their States’ laws, mandates and requirements in relation to the Hotlist  Pole installations will be done on grassy/dirt/gravel areas or sites where excava tion can easily be done with fstandard auger equipment.
 Site conditions meet all applicable industry and legal standards (including standards promulgated by OSHA or other governmental or regulatory bodies)
 Information provided and approved in the Presales DDR process was accurate

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PurchaseOrderChecklistNAOM
MarkedasPO/Contract/NoticetoProceedonCompanyLetterhead(POwillnotbeprocessedwithoutthis) PONumber/ContractNumber
PODate
Vendor=MotorolaSolutions,Inc.

Payment(Billing)Terms/StateContractNumber
Bill-ToNameonPOmustbeequaltotheLegalBill-ToName
Bill-ToAddress
Ship-ToAddress(IfweareshippingtoaMRlocation,itmustbedocumentedonPO) UltimateAddress(IftheShip-ToaddressistheMRlocationthentheUltimateDestinationaddressmust bedocumentedonPO) POAmountmustbeequaltoorgreaterthanOrderTotal
Non-EditableFormat(Word/Exceltemplatescannotbeaccepted) TaxExemptionStatus
Signatures(Asrequired)
NOTE: Whenanemail order issubmittedaconfirmationissent fromMotorolaAutoNotifyreferencingacasenumber.Oncechecklist iscomplete, order still must gothroughOrderValidation/CreditApproval

500 W Monroe Street, Ste 4400 Chicago, IL 60661-3781 USA 3/29/2026 Re: License Plate Recognition Sole Source Justification I am providing this letter as written confirmation of the ownership and market status of our license plate recognition

(LPR)

systems.

Motorola

Solutions

the

sole

manufacturer

our

LPR

products:

Car-Detector

Mobile,

Car-Detector

Fixed,

L5F

(fixed),

L5M

(mobile),

L6D

(fixed

and

video),

L6Q

(quick

deploy)

camera

systems,

and

integration

with

our

M500

In-Car

Video

system.

Additionally,

the

sole

provider

our

Commercial

Data

investigative

platform,

VehicleManager

Mobile

(iOS

and

Android

App),

and

the

Target

Alert

Service

(TAS).

We appreciate your consideration of expanding your relationship with and use of Motorola as your LPR provider.

are

pleased

present

the

following

support

sole-source

justification

for

Motorola’s

LPR

hardware

and

VehicleManager.

● Motorola developed, owns, and maintains the world’s single largest LPR data sharing initiative, known

VehicleManager.

VehicleManager

consists

over

100+

billion

plate

detections

and

growing

exponentially.

This

data

consists

commercially

collected

LPR

data

owned

Motorola

(Commercial

Data),

Private

businesses,

and

HOAs

(Enterprise

Data),

and

detections

from

fellow

law

enforcement

customers.

This

data

exclusively

available

law

enforcement

customers

via

VehicleManager.
● Our Commercial Data is significant, with over 25 billion detections collected in all metropolitan areas

within

the

United

States.

These

Mobile

detections

are

critical

law

enforcement

investigators

and

are

available

only

through

Motorola

Solutions.
● VehicleManager is the only LPR database hosted in the United States in the Microsoft Azure Gov environment

that

CJIS-compliant.

greater

relevance,

law

enforcement

hotlist

information,

such

FBI-NCIC

data

managed

Motorola

law

enforcement

customers,

contains

CJI

defined

4.1 of

the

CJIS

Security

Policy.

Effective

March

21,

2022,

the

U.S.

Department

Justice

determined

that

NCIC

LPR

data

contains

personally

identifiable

information

and

meets

the

definition

Criminal

Justice

Information

(CJI).

For

these

reasons,

Motorola

has

voluntarily

implemented

CJIS

security

controls

that

believe

are

necessary

comply

with

the

relevant

sections.

Motorola Solutions Inc. 500 W. Monroe St Chicago IL 60661 www.motorolasolutions.cocanm

● VehicleManager features CJIS-compliant audit logging and reporting of all user and agency manager

transactions

within

the

VehicleManager

system.

Only

agencies

with

Originating

Agency

Identifier

(ORI)

number

can

access

VehicleManager

law

enforcement

data.
● The agency collected data access and retention policies that the customer manages. Unlimited LPR

data

storage

offered

additional

cost

Motorola’s

Public

Safety

customers,

with

retention

limits,

subject

the

legal

bounds

the

respective

state

law.

● Motorola offers the individual customer full data-sharing ownership and control. Motorola will not

use

customer

data

from

law

enforcement

for

any

purpose.

LE Data will never be sold to third
parties. ● Only Motorola offers in-app alerts through our VehicleManager Mobile app on Android and iOS.

These

include

all

hot-list

alerts,

parking

enforcement

alerts,

and

excessive

plate

detections. ● Motorola’s LPR hardware can only be accessed by utilizing the VehicleManager server.

Third-party

LPR

vendors

cannot

ingest

our

detections

directly

from

our

cameras.

Conversely,

can

consume

competitors'

LPR

data

directly

from

third-party

VMS/LPR

cameras

via

APIs.

Only

VehicleManager

can

ingest

detection

data

from

Genetec

(AutoVu),

Elsag,

Neology

(Pips),

NDI,

Rekor

(OpenALPR),

and

multiple

other

third-party

LPR

providers.

This

enables

the

continued

use

historic

LPR

hardware

investments

and

helps

consumers

best

utilize

taxpayers’

investments.
● Motorola is the sole LPR provider to offer all of these investigative analytic tools in one place to assist

developing

leads

law

enforcement

investigation.
o Vehicle Search - Full & Partial plate, Smart Wildcard, Vehicle Type, Body Class, Make, Model,

Year,

Color,

Registration

State,

and

VIN

searching.

Only

Vigilant

offers

VIN

searching.
o Multi-Location Search - Define locations on a map (up to 30) using geo-boundaries to group

detections.

The

groupings

can

show

site

visits

individual

LPR

vehicles

and

their

detections.

Stakeout

will

show

duplicated

vehicles

across

multiple

locations

Common

Plate

Report.

With

known

target

plate,

associated

vehicles

can

identified.
o Analyze Plate - Provides a full analytical report of a target vehicle based on previously captured

location

data.

This

trend

analysis

provides

location

scoring

and

insights

into

the

most

popular

time

the

vehicle

was

seen

each

location.
o Nearby Vehicles - Allows users to quickly view (50) vehicles that were scanned before and

after

target

detection.

The

user

can

adjust

the

number

viewable

vehicles

250.
o Associated Vehicles - Quickly identify vehicles scanned within 250 feet of the selected vehicle

three

locations,

where

each

the

locations

was

separated

than

mile.
o Convoy Analysis - Quickly identify vehicles that may be following the selected vehicle through

three

fixed

LPR

locations

and

proactively

create

alert

requested.

Only

Vigilant

offers

automatic

alerting.

Motorola Solutions Inc. 500 W. Monroe St Chicago IL 60661 www.motorolasolutions.cocanm

● New detections can be cross-referenced against user-defined Federal (NCIC), State, and local hotlists,

allowing

users

receive

near-real-time

alerts

within

and

outside

their

jurisdiction.

Motorola

the

only

LPR

provider

whose

hotlists

are

directly

shareable

the

customer

and

have

customizable

hotlist

user

alerts.

With

Motorola,

you

can

choose

which

users

get

what

alerts.
● Motorola is the sole LPR provider that utilizes the Vulcan AI Engine to determine Make, Model, Vehicle

Type,

and

Color

from

new

detections

and

analyze

its

existing

database

detections,

creating

comprehensive

dataset

hundreds

millions

unique

plates.

This

can

analyze

third-party

data

ingested

the

VehicleManager

server.

● Motorola is the sole LPR provider that offers free access to the Vigilant Solutions Law Enforcement

Academy

(VSLEA)

for

LPR

training.

This

training

being

provided

via

webinar,

demand,

person.

Motorola

the

only

LPR

provider

that

offers

TCOLE,

POST-,

and

IADLEST-certified

LPR

training

classes.
● Motorola is the sole LPR provider offering a complete end-to-end solution. Multi-lens, multi-sensor

cameras

(L5M

and

L5F),

dual-lens

video

and

LPR

recording

cameras

(L6D),

single-lens,

single-sensor,

quick-deploy,

solar

cameras

(L6Q),

well

purpose-built

LPR

trailers.

Thank you for considering Motorola Solutions for your LPR program. Please feel free to contact your Regional

Sales

Manager,

RSM,

Harrison

Cutler

with

any

further

questions.

Best regards,
Nicole Talton
MSSSI

Vice

President

Motorola Solutions Inc. 500 W. Monroe St Chicago IL 60661 www.motorolasolutions.cocanm

Attachment D
2024 HSGP Approval
1743 Miro Way, Rialto, CA 92376 I Phone: 909.356.3998 Fax: 909.356.3965 www.SBCounty.gov

RNARDINO
UNTY
Office of Emergency Services
October 3, 2025
TO: GRANT PROGRAM MANAGER
RE: FY2024 HOMELAND SECURITY GRANT PROGRAM APPROVAL
Luther Snoke
Chief Executive Officer
Crisanta Gonzalez
Director
The San Bernardino County Office of Emergency Services has approved your Fiscal Year 2024 Homeland Security Grant Program (FY24 HSGP) application. As of the date of this letter, you are authorized to make expenditures using FY24 HSGP funds. The performance period ends on March 31, 2027.

Be aware that your project allocation amount may have changed. Take note of the amount located on the attached project workbook.

Any activities requiring additional review and pre-approval ( e.g., Environmental and Historic Preservation, Performance Bond Waivers, procurement of Aviation or Controlled Equipment, etc.) shall not incur costs until you receive written approval for those activities.

Please note the following:

1. Modifications: All project changes require pre-approval from Cal OES prior to incurring any costs. Modification requests are due quarterly. Refer to the FY24 Grant Deadlines for submission dates. The scope of work on projects identified as National Priority projects cannot be modified. Changes in quantities on National Priority projects must have FEMA approval.

2. Procurement: General procurement standards with open competition must be followed for all Federal grant expenditures, according to 2 C.F.R. § 200.318-200.323. Copies of three (3) quotes bids must be submitted with reimbursement requests.

3. Noncompetitive Procurement: Documentation of entity procurement policies must be submitted with reimbursement requests for all noncompetitive procurement. Purchases over $250,000 will require pre-approval from Cal OES prior to procurement, following up with your governing board or council, if applicable. A cost benefit analysis is required with noncompetitive procurement requests.

4. SAMS Verification: A print-out of the SAM.gov vendor verification report must be printed prior to procurement for all vendors/contractors and must be submitted with reimbursement requests. Note: Vendor registration in SAMgov is not required. However, the vendor must not be debarred or restricted from receiving federal funds, which will appear in your vendor verification report if the vendor has restrictions. l\O.\IUl UI \l"Pl·R\'l",< llZ'-i
Cm .. !'Al"!. CooK (RE1.) JEssE AR�IE'.:\llAREZ lh\\''.:\ H.o\\'E Cnn HA<;�1A:-; )oE BACA, )R Hr,t l>htrkt Sc,nn,1 Dhtril't < :h,1ir, 'Jhird Dhtrkt h,urth Di,tn, l \',,,. ( :h,m. hfth ()1,tnd

San Bernardino County Office of Emergency Services
Ledger Type
Date
Contact Name
Phone #
Quantity Equipment Description AEL# AEL
Title Discipline Solution Area
Sub-Category
Deployable/
Shareable
Noncompetitive
Procurement
over $250k
Hold
Trigger
Budgeted
Cost
Previously
Approved
Amount
Amount
This Request
Reimbursement
Request #
Total
Approved
Remaining
Balance
$41,464
2 Automated License Plate
Reader Systems 03OE-01-ALPR
System, Automated
License Plate
Recognition
LE CBRNE Search and
Rescue Equipment Both No No Hold
Indicated $41,464
Victorville PD

EQUIPMENT
09/12/2025
Initial Application
Lt. John Clough
Leave Blue Highlighted Sections Blank
Enter Jurisdiction Name Below
760-241-2911
FY 2024 HSGP Project Workbook 1 of 1 Equipment
Item Number: 18
City Council / Board of Directors
Written Communications
Meeting of: September 15, 2026
Submitted By:

James Murawski, Airport Director

Subject:

Standard Lease Agreement for Building 652 and Yard Space by and between the Southern California Logistics Airport Authority and Adonai Enterprises, Inc Recommendation:

That the Southern California Logistics Airport Authority (“SCLAA”) Board of Directors:
(1) Approve entering into a Standard Lease Agreement for Building 652 and Yard Space (“Agreement”), by and between the SCLAA and Adonai Enterprises, Inc; and
(2) Authorize the Executive Director to execute said Agreement; and (3) Adopt Resolution No. SCLAA 26-003 amending the 2026/2027 budget increasing revenue in Airport account 4501106A-45200 by $18,040.72 and Airport account 4500125-45220 by $1,143.95.

Fiscal Impact:

Approval of the Agreement presented herein will generate approximately $846,063.88 in gross revenue over the initial term of the Agreement from October 1, 2026, through September 30, 2031. The table below outlines the first four fiscal years summarized.

Fiscal
Year
FY 2026 - 2027
July - June
FY 2027 - 2028
July – June
FY 2028 - 2029
July – June
FY 2029 - 2030
July – June
Gross
Revenue $119,520.00 $162,945.60 $167,833.97 $172,868.99 The revenue associated with this Agreement increases the budgeted revenue established in Airport account 4501106A-45200 by $18,040.72 and Airport account 4500125-45220 by $1,143.95 for fiscal year 2026-2027 and thereby requires an additional revenue appropriation as displayed in the following table.
4 9
0 7
Current Budget Fiscal Year 2026-2027
Building 652 Revenue 4501106A-45200 $130,690.00
Ground Lease Revenue 4500125-45220 $1,835.00
Proposed Budget Fiscal Year 2026-2027
Building 652 Revenue 4501106A-45200 $148,730.72
Ground Lease Revenue 4500125-45220 $2,978.95
Resolution No. SCLAA 26-003
Building 652 Revenue 4501106A-45200 $18,040.72
Ground Lease Revenue 4500125-45220 $1,143.95
Future appropriations for the subject Agreement will be considered at the time the annual budget is approved.

Strategic Plan Goal:

The City of Victorville Strategic Plan 2023-2026 identifies multi-year strategic goals and various strategies to work toward achieving those goals. Goal A fosters fiscal health through disciplined long-term planning, cost control, increased revenues, and cost recovery.

Background:

Adonai Enterprises, Inc., (“Adonai”) was incorporated in 1996 by Jefferey Mathews, and started as a small garage-based business in California. With over 20 years in business, Adonai established locations in Newark, Seattle, Portland and Denver. Adonai serves as a “One-Stop Shop” for material handling, manufacturing equipment and machinery needs.

Adonai specializes in industrial and facilities, preventative maintenance, repair and installation. Adonai also offers in-house fabrication, mechanical design and structural engineering to complete jobs from start to finish.

Discussion:

Ray Joye Machine and Fabrication Inc is the current tenant of Building 652. Adonai will be purchasing Ray Joye Machine and Fabrication Inc and wishes to enter into a five-year lease agreement (“Agreement”) for Building 652 and Yard Space. The Agreement also contemplates one additional, five-year Option Term. This is a revenue producing, standard lease agreement for Building 652 and Yard Space by and between the Southern California Logistics Airport Authority and Adonai Enterprises Inc. The purpose of Building 652 and Yard Space will be for the use of the manufacturing, fabrication, assembly, administrative duties and other related activities pertaining to a machine and fabrication shop. The leased premises consist of Building 652 and Yard Space, which is comprised of approximately 20,000 square feet of office and warehouse space, and 5,600 square feet of Yard Space. Adonai has agreed to pay $13,280 per month with an annual 3% inflator. This amounts to approximately $.65 per square foot of warehouse and office 4 9
0 7
space and $.05 per square foot for Yard Space which is comparable to similar SCLA buildings and ground space.

Because the Standard Lease Agreement will maintain local employment, Adonai plans to maintain the current employees of Ray Joye Machine and Fabrication Inc, and will produce a steady revenue stream, staff recommends that the Southern California Logistics Airport Authority Board of Directors: (1) approve the Standard Lease Agreement with Adonai Enterprises, Inc., for Building 652 and Yard Space and (2) authorize the Executive Director to execute said agreement and (3) adopt Resolution No. SCLAA 26- 003 increasing revenue in account 4501106A-45200 by $18,040.72 and Airport account 4500125-45220 by $1,143.95. Such approval is being requested, subject to any minor, non-substantive modifications to the Lease Agreement as approved by the Southern California Logistics Airport Authority Legal Counsel and the Southern California Logistics Airport Authority Executive Director.

Staff remains available for any questions or comments you may have.

Prepared By:

Jacob Kern, Airport Leasing Technician
Attachments: A. General Site Map
B. Standard Lease Agreement for Building 652 and Yard Space C. Resolution No. SCLAA 26-003

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ATTACHMENT B
Standard Lease Agreement
for Building 652 and Yard
Space
SCLAA Standard Lease Page 1 Adonai Building 652 & Yard Space

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

STANDARD LEASE AGREEMENT
BUILDING 652 AND YARD SPACE

This Lease Agreement (the “Lease”), dated this _____ day of ______________, 2026, for reference purposes only, is made by and between SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY (“SCLAA”), a California joint powers authority, (hereinafter referred to as “Lessor”) and ADONAI ENTERPRISES, INC. (“ADONAI”), a California corporation (hereinafter referred to as “Lessee”). Lessor and Lessee are sometimes referred to hereinafter individually as a “Party” and collectively as the “Parties.”

RECITALS

These Recitals are included to assist in interpreting this Lease and to understand the basis upon which certain terms and conditions have been included. It is not intended, nor should it be construed, to supersede or amend the specific terms and conditions of this Lease.

A. The United States Air Force (“Air Force”) and the Victor Valley Economic Development Authority (“the Authority”) have previously entered into certain Department of the Air Force Leases (hereinafter referred to as the “Air Force Leases”) pertaining to portions of the former George Air Force Base, which is now known as the Southern California Logistics Airport (“SCLA”).

B. The Authority has delegated its decision-making authority with respect to the SCLA to the Lessor, which now has the authority to enter into transactions on behalf of the Authority.

C. The Air Force (“Grantor”) and the SCLAA (“Grantee”) have entered into certain Air Force Quitclaim Deed(s) (“Quitc laim Deed(s)”), which release and forever quitclaim to the Grantee all the real property described in such Quitclaim Deed(s), subject to the Covenants, Conditions and Restrictions set forth in the Quitclaim Deed(s).

D. Lessee seeks to lease from the Lessor a portion of the real property subject to the Quitclaim Deed(s) (hereinafter defined as the “Leased Premises” and described more fully below) under the terms and conditions set forth in this Lease.

E. Although the Leased Premises are subject to and governed by the Covenants, Conditions and Restrictions of the Quitclaim Deed(s), certain portions of the SCLA (some of which may include appurtenances, access/use rights, privileges and/or easements associated with the Leased Prem ises) are subject to the provisions and conditions of the Air Force Leases, and Lessee shall be subject to and comply with any and all provisions and conditions of such Air Force Leases as applicable.

SCLAA Standard Lease Page 2 Adonai Building 652 & Yard Space

TERMS AND CONDITIONS

1. Leased Premises. Subject to the terms and conditions herein contained, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor the Leased Premises described as follows:

(a) A portion of that certain real property designated as Building 652, located on the SCLA grounds at 13059 Aerospace Drive, Victorville, CA 92394, comprised of approximately of Twenty Thousand (20,000) square feet of office and warehouse space, together with the improvements thereon, as depicted on Exhibit A attached hereto and incorporated herein by this reference; and

(b) A portion of that certain real property designated as Yard Space, located on the SCLA grounds south of Building 652 located at 13059 Aerospace Drive, Victorville, CA 92394, comprised of approximately of Five Thousand Six Hundred (5,600) square feet of yard space, together with the improvements thereon, as depicted on Exhibit A attached hereto and incorporated herein by this reference; and

2. Term. The initial term of this Lease shall be for a period of Five (5) years, (the “Initial Term”) commencing on October 1, 2026, (the “Lease Commencement Date”) and expiring on September 30, 2031, (the “Expiration Date”) unless sooner terminated or extended as hereinafter provided.

3. Option to Extend Term. Upon expiration of the Initial Term, Lessee shall have the option to renew this Lease for One (1) additional Five (5) year term (the “Option Term”), provided that: (1) Lessee is in good standing and otherwise in full compliance with all of the terms and conditions of this Lease; (2) Lessee provides Lessor written notice of its desire to renew no later than one hundred eighty (180) days prior to the expiration of the Initial Term; and (3) Lessor confirms in writing Lessee’s Option Term.

Upon confirmation of such exercise by Lessor, all references to the Expiration Date shall mean September 30, 2036. All further references to the Term of this Lease shall mean and include the Initial Term and any confirmed Option Term.

4. Termination. This Lease shall only terminate prior to the Expiration Date for such reasons as are specifically set forth in the provisions of this Lease.

5. Right to Terminate for Development. With respect to any building or facility comprising the Leased Premises (including any additional access or rights of use specified in this Lease) which Lessee occupi es pursuant to this Lease, after Lessee’s execution of this Lease, Lessor shall have the right, upon giving Lessee one hundred eighty (180) days’ notice in writing, to terminate this Lease. Such right shall only be exercised in good faith to the extent Lessor requires the current space for the development of the SCLA.

SCLAA Standard Lease Page 3 Adonai Building 652 & Yard Space

6. Rent.

(a) Monthly Base Rent. During the first year of the Initial Term, Lessee shall pay to Lessor as rent for the Leased Premises the amount of Thirteen Thousand Two Hundred Eighty Dollars ($13,280) per month (the “Monthly Base Rent”).

Commencing on October 1, 2027, the Monthly Base Rent shall be increased by three percent (3%), and on each annual anniversary of the Lease Commencement Date thereafter during the Term (or during any Option Term exercised in accordance with the provisions of Section 3 hereof), the then-current Monthly Base Rent shall be increased by an additional three percent (3%). All further references to the Monthly Base Rent shall mean and include any such increased amount as calculated under the provisions of this paragraph. The Monthly Base Rent represents the summation of Building 652 rent in the amount of Thirteen Thousand Dollars ($13,000) and Yard Space rent in the amount of Two Hundred Eighty Dollars ($280).

(b) Payment. Monthly Base Rent shall be payable in advance prior to the first (1st) day of each calendar month and without demand to:

Southern California Logistics Airport Authority
Attention: Airport Director
18374 Phantom West
Victorville, California 92394

or at such other place as Lessor may designate in writing from time to time. Lessee shall also pay to Lessor within thirty (30) days of presentation of an invoice, such other charges as it may incur for use of facilities and services at the SCLA which shall be charged in accordance with the SCLA Rules and Regulations as set forth on Exhibit B, attached hereto and incorporated herein by this reference, as such may be amended from time to time by Lessor.

7. Security Deposit. Lessee shall deposit with the Lessor upon execution hereof the sum of Thirteen Thousand Two Hundred Eighty Dollars ($13,280) as security for Lessee’s faithful performance of Lessee’s obligations hereunder (the “Security Deposit”). If Lessee fails to pay rent or other charges due hereunder, fails to pay any utility or service provider, or otherwise defaults with respect to any provision of this Lease, the Lessor may use, apply or retain all or any portion of said deposit for payment of any rent or other charges in default or for the payment of any other sum to which the Lessor may become obligated by reason of Lessee’s default, or to compensate the Lessor for any loss or damage which the Lessor may suffer thereby. At all times during the Term hereof, Lessee must maintain at a minimum the amount of Security deposit specified in this Section.

8. Brokerage Commission. Lessor and Lessee represent and affirm to each other that they have not had any dealings with any real estate brokers, finders or agents and no commissions or fees are payable by either Party in connection with this Lease.

SCLAA Standard Lease Page 4 Adonai Building 652 & Yard Space

9. Late Charge. Lessee hereby acknowledges that late payment by Lessee to Lessor of any installment of rent, or any other sums due hereunder will cause Lessor to incur costs not contemplated by the Lease, the exact amount of which will be extremely difficult to ascertain. Accordingly, if any installment of rent, or any other sum due from Lessee is not received by the Lessor within ten (10) days after such amount is due, whether or not any notice of default or other notice has been given, Lessee shall pay to the Lessor a charge equal to six percent (6%) of the amount past due (the “Late Charge”), in addition to the payment of the past due amount itself. The Parties hereby agree that such Late Charge represents a fair and reasonable estimate of the costs the Lessor will incur by reason of late payment by Lessee, and no more than one (1) Late Charge shall be assessed per month. Notwithstanding the foregoing, in the event the Lessee elects to make annual payments in advance, then no Late Charge shall apply.

10. Limited Right to Possession of the Leased Premises. Lessor shall deliver possession of the Leased Premises to Lessee on or before the Lease Commencement Date, free and clear of all tenants, occupants, and right of any third parties except as hereafter provided in this Section 10. Lessee agrees that its possession of the Leased Premises shall be subject to any outstanding easements and rights-of-way not within the control of the Lessor and further to the right of entry by the Air Force and such other government entities as provided for under the Quitclaim Deed(s). The Lessor shall use best efforts to ensure the quiet use and enjoyment of the Leased Premises by Lessee.

However, unreasonable interference by Lessor or the Air Force with Lessee’s quiet enjoyment of the Leased Premises that results in material and demonstrable financial detriment to Lessee and Lessee being unable to continue its business functions in a commercially reasonable manner, shall be grounds for termination of the Lease by Lessee.

11. Holding Over. In the event Lessee, with the Lessor’s prior written consent, holds over and continues in possession of the Leased Premise, or any part thereof, after the Expiration Date, such occupancy shall be considered a month-to-month tenancy subject to all the terms and conditions of this Lease in effect on the day immediately preceding the Expiration Date, except that the Monthly Base Rent for any such holdover period shall be increased to one hundred fifty percent (150%) of the Monthly Base Rent.

If Lessee, without the Lessor’s prior written consent, holds over or continues in possession of the Leased Premises, or any part thereof, after the Expiration Date of this Lease, such occupancy shall be deemed a tenancy at sufferance, permitting the Lessor to immediately commence eviction proceedings without notice to Lessee.

12. Right to Relocate. With respect to any building which Lessee occupies pursuant to this Lease, after Lessee’s execution of this Lease, Lessor, to the extent required by the SCLAA, shall have the right, upon giving Lessee one hundred eighty (180) days’ notice in writing, to provide and furnish Lessee with space elsewhere in such other building within the boundaries of the SCLA of approximately the same size and with similar characteristics and amenities (such as access to streets and runways) as the Leased Premises, and to place Lessee in such new building space at the Lessor’s expense. Such right shall only be exercised in good faith to the extent the Lessor requires SCLAA Standard Lease Page 5 Adonai Building 652 & Yard Space the Leased Premises for the development of the SCLA. In the event Lessor moves Lessee to said new space within any building then this Lease with respect to the original Leased Premises and each and all of the terms and covenants and conditions thereof shall thereupon remain in full force and effect and be deemed applicable to such new space. If the space in the building is smaller in size than the existing Leased Premises, then Lessor shall receive a reduction in rent equal to the difference between the size (using interior square footage) of the existing Leased Premises and the size of the new building. However, Lessee shall not be assessed additional rent if the new space is larger in size than the Lessee’s then existing Leased Premises, unless the new building exceeds the size of the existing Leased Premises by more than fifteen percent (15%). Lessee reserves the right to reject relocation to a specific location which does not comply with the terms of this provision.

13. Maintenance. Except for excessive repair and maintenance necessitated solely by Lessor’s activities, Lessee shall at all times during the Term hereof and until surrender and termination, keep and maintain the Leased Premises in good and substantial order and repair, and shall undertake all necessary repair and maintenance of the Leased Premises. Lessor shall be responsible, at Lessor’s sole cost and expense, for the repair and replacement of the roof structure, and for structural repairs to the exterior walls and foundation of the Leased Premises, except to the extent such repairs are necessitated by the negligence or misuse of Lessee, its agents, employees, contractors, or invitees. Lessee shall be responsible for all operating expenses associated with maintaining the Leased Premises including, but not limited to: cleaning; light bulb replacement; procurement of supplies and maintenance materials; preventative maintenance; repair; signs; sidewalks; all monthly, quarterly, and annual inspection/servicing and repair of the Leased Premises mechanical, electrical, lighting, plumbing, and life safety systems; water backflow inspection and maintenance, furniture and window cleaning; servicing of fire extinguishers and fire suppression systems; repairs to trade fixtures and/or equipm ent, doors, ceilings, floors; ex terior painting, resurfacing paved exterior areas and the like; landscaping of parking lot, associated fees, etc. Lessee agrees at Lessee’s sole cost and expense to procure and maintain throughout the Term of this Lease, or any extension thereof, contracts for the inspection/servicing and maintenance of HVAC equipment, fire extinguishing and suppression systems, fire alarms and/or smoke detection systems , and air compressor systems. Lessee also agrees throughout the Term (or any extension thereof) to supply copies of all such contracts and any fire or life safety related certifications and/or inspection records to the Lessor in a timely manner.

14. Use and Condition of Leased Premises. The Leased Premises are to be used by Lessee for those purposes more particularly provided for on Exhibit C, attached hereto and incorporated herein by this reference, and for no other purpose unless expressly agreed to by the Lessor in writing. Lessee agrees to use the Leased Premises in such a manner as to not interfere with the Lessor’s rights in the Leased Premises or the surrounding areas, to comply with all airport rules and regulations, all applicable governmental laws, ordinances, and regulations in connection with its use of the Leased

SCLAA Standard Lease Page 6 Adonai Building 652 & Yard Space Premises, to keep the Leased Premises in a clean and sanitary condition, and to use all reasonable precaution to prevent damage, or injury to the Leased Premises.

(a) Permits. Lessee, at its sole cost and expense, shall apply for and obtain any and all permits and/or certifications required by any federal, state or local governmental entity, including but not limited to the Mojave Desert Air Quality Board, in connection with the painting, maintenance and/or overhaul of aircraft in or about the Leased Premises. Such permits shall include, but not be limited to, any which may be required for the air handling and ventilation requirements for the Leased Premises.

Furthermore, Lessee shall coordinate and cooperate with the Mojave Desert Air Quality Board as may be required from time to time. Any and all such permits and/or certifications shall be obtained in such a manner so as to run in favor of the Leased Premises and/or the Lessor, and such permits or certifications shall remain with the Leased Premises upon the expiration or termination of the Lease.

(b) No Warranties. Except as provided herein, Lessee agrees that no promises, covenants, representations, statements, or warranties have been made on behalf of the Lessor to Lessee respecting the condition of the Leased Premises, or the manner of operating the Leased Premises or the maintaining of any repairs to the Leased Premises.

(c) Acceptance of Leased Premises. Lessee acknowledges that it has satisfied itself by its own independent investigation that the Leased Premises are suitable for its intended use, and that neither the Lessor nor the Lessor’s agent or agents have made any representation or warranty as to the present or future suitability of the Leased Premises for the conduct of Lessee’s business. Lessee’s taking possession or use of the Leased Premises for any purpose shall constitute Lessee’s acceptance of the Leased Premises “as-is” in its existing condition, which condition shall be established as set forth on Exhibit C.

(d) Notice of Presence of Asbestos and Lead-Based Paint. Lessee, its successors and assigns are warned that the Leased Premises may contain asbestos materials and lead-based paint materials. No warranties, either expressed or implied, are given with regard to the quantity, location or condition of the asbestos containing materials or the lead-based paint materials. Lessee, its successors, and assigns, shall be deemed to have relied solely on their own judgment in assessing the overall condition of all or any portion of the Leased Premises, including any asbestos hazards or lead-based paint hazards or concerns. Lessee acknowledges that Lessee was given every opportunity to inspect the Leased Premises to assess the risk, if any, from asbestos containing material or lead-based paint materials.

(e) No Liability Assumed by Lessor. The Lessor assumes no liability for damages for personal injury, illness, disability or death to Lessee or to Lessee’s successors, assigns, employees, invitees, or any other persons subject to Lessee’s control or direction, or to any person, including members of the general public arising from or incident to the purchase, transportation, removal, handling, use, disposition or any SCLAA Standard Lease Page 7 Adonai Building 652 & Yard Space activity causing or leading to contact of any kind whatsoever with asbestos or lead-based paint on the Leased Premises which is the subject of this Lease, whether Lessee, its successors or assigns has or have properly warned or failed to properly warn the individuals injured. Lessee, its successors and assigns, further agree that in its use and occupancy of the Leased Premises, it will comply with all federal, state and local laws relating to asbestos and lead-based paint.

(f) Personal Property. Lessee shall, at the termination of this Lease, by lapse of time or otherwise, remove all of Lessee’s personal property, repair any damage to the Leased Premises resulting therefrom, and surrender the Leased Premises to the Lessor in as good a condition as when Lessee took possession, normal wear and tear excepted.

15. Waste or Nuisance. Lessee shall not commit or permit the commission by others of any waste on the Leased Premises. Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance on the Leased Premises nor shall Lessee use or permit the use of the Leased Premises for any unlawful purpose.

16. Taxes. Lessee shall pay when due and prior to delinquency all taxes, assessments, and other charges including possessory interest taxes levied or imposed by any governmental entity on the possessory interest of Lessee in the Leased Premises and the personal property, trade fixtures, appliances, and leased equipment placed by Lessee in, on, or about the Leased Premises during the Term (or any extension thereof) of this Lease. Lessee recognizes that the interests of Lessee in this Lease shall be subject to the imposition of a possessory interest tax by the San Bernardino County Assessor, and Lessee agrees to pay such tax amount as may be so levied with respect to the possessory interest of Lessee in the Leased Premises under this Lease. Lessee further acknowledges that pursuant to California Health and Safety Code Section 33673, the property shall be assessed in the same manner as privately owned property and Lessee shall pay taxes upon the assessed value of the entire property and not merely the assessed value of its leasehold interest.

17. Compliance With Covenants, Conditions and Restrictions of the Quitclaim Deed(s), Air Force Leases and Related Agreements.

(a) Lessee acknowledges that copies of the applicable Quitclaim Deed(s) and the Air Force Leases are available and on file in the SCLA office.

(b) Lessee expressly acknowledges that the Lessor has assumed certain duties and obligations to the Air Force (“Grantor”) under the Quitclaim Deed(s) affecting the use and occupancy of the Leased Premises. Lessee further agrees that as of the Lease Commencement Date, it shall observe and perform the duties and obligations of the Lessor (Grantee as the case may be in this Section 17) relating to the Leased Premises in favor of the Air Force which arise under the Quitclaim Deed(s).

These duties and obligations as assumed by Lessee include, but are not limited to, the following which are presented below for purposes of reference and convenience:

SCLAA Standard Lease Page 8 Adonai Building 652 & Yard Space I. Reserving unto the Grantor all oil, gas, and other mineral resources of any kind or nature in the mineral estate of the Leased Premises, provided, however, that such reservation is without surface right of entry or extraction rights; and

II. Reserving unto the Grantor right of access to the Leased Premises, extending such access to the United States Environmental Protection Agency (“EPA”) and the State of California (the “State”), and their respective officials, agents, employees, contractors, and subcontractors for the purposes of the Installation Restoration Program (“IRP”) of the Grantor or the Federal Facility Agreement (“FFA”).

(c) Any use, occupancy or activity of Lessee on the Leased Premises which may result in either the receipt by the Lessor of a notice of violation or default or breach from the Air Force or the Federal Aviation Administration (“FAA”) under the Quitclaim Deed(s) or a notice of default, violation or breach from the Air Force or the FAA under the Air Force Leases, shall be deemed to be a default of Lessee under this Lease.

The response of the Lessor following receipt of any such notice of violation, default, or breach, shall not waive, stay or otherwise mitigate or remedy the default of Lessee to the Lessor under this Lease. Lessee shall have no right under this Lease to participate in any proceeding between the Air Force, the FAA and the Lessor for the resolution of an alleged default, breach or other dispute of the Parties arising under the Quitclaim Deed(s) and/or the Air Forces Leases, except to the extent the Lessee is alleged to have directly caused such violation, breach or default.

(d) Lessee acknowledges that the Leased Premises may be subject to a future Declaration of Covenants, Conditions and Restrictions to be recorded in the official records of San Bernardino County, California, as amended (the “CC&Rs”). In addition to any other applicable assessments, this Lease may be subject to any assessments levied pursuant to the CC&Rs and applicable to the Leased Premises, determined by the ratio that the rentable area of building on the Leased Premises bears to the total net rentable area of building or buildings which include the Leased Premises and for which a separate assessment is made pursuant to the CC&Rs.

18. Insurance. Lessee shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damages to property which may arise from or in connection with Lessee’s operation and use of the Leased Premises. The cost of such insurance shall be borne by the Lessee. Coverage shall be at least as broad as:

(a) Commercial General Liability Insurance. (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products completed operations, property damage, bodily injury and personal and advertising injury with limits no less than One Million Dollars ($1,000,000) per occurrence.

If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence.

(b) Property Insurance. Intentionally Omitted.

SCLAA Standard Lease Page 9 Adonai Building 652 & Yard Space (c) Commercial Vehicle Liability Insurance. ISO Form Number CA 00 01 covering any auto (Code 1), or if Lessee has no owned autos, hired (Code 8) and non- owned (Code 9), with limit no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

(d) Workers’ Compensation Insurance. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Lessee has no employees, it may certify or warrant to the Lessor that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage may be waived by the Risk Manager.

(e) Lessee may use Umbrella or Excess Policies to provide the liability limits as required in this Lease. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions, indemnity and defense requirements. The Umbrella and Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No insurance maintained by the Additional Insureds, whether primary or excess, and which also apply to loss covered hereunder, shall be called upon to contribute to a loss until Lessee’s primary and excess policies are exhausted.

(f) If the Lessee maintains broader coverage and/or higher limits than the minimum limits shown above, the Lessor requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Lessee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Lessor.

(g) The insurance policies are to contain, or be endorsed to contain the following provisions:

(h) Additional Named Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by the co mmercial general liability policy described in subsection (a) above shall bear an endorsement whereby it is provided that, the Southern California Logistics Airport Aut hority (“Lessor”), the City of Victorville, the City Attorney, the Victor Valley Economic Development Authority, the United States Air Force, and their respective officers, officials, employees, servants, volunteers, agents, and independent contractors are named as Additional Insureds. General Liability coverage can be provided in the form of an endorsement to the Lessee’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 2038; and CG 20 37 if a later edition is used).

SCLAA Standard Lease Page 10 Adonai Building 652 & Yard Space (ii) Waiver of Subrogation Rights. L essee hereby grants to the Southern California Logistics Airport Authorit y (“Lessor”), the City of Victorville, the City Attorney, the Victor Valley Economic Development Authority, the United States Air Force, and their respective officers, officials, employees, servants, volunteers, agents, and independent contractors a waiver of any right to subrogation which any insurer of said Lessee may acquire against the Southern California Logistics Airport Authority, the City of Victorville, the City Attorney, the Victor Valley Economic Development Authority, and the United States Air Force. Lessee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Lessor has received a waiver of subrogation endorsement from the insurer.
(iii) Primary and Noncontributory. For any claims related to this Lease, except for Workers’ Compensation claims, the Lessee’s coverage shall be primary and noncontributory and at least as broad as ISO CG 20 01 04 13 with respects to the Southern California Logistics Airport Authority (“Lessor”), the Victor Valley Economic Development Authority, the City of Victorville, the City Attorney and the United States Air Force and their officers, officials, employees, volunteers, contractors and subcontractors.

Any insurance or self-insurance maintained by the Southern California Logistics Airport Authority (“Lessor”), the Victor Valley Economic Development Authority, the City of Victorville, the City Attorney and the United St ates Air Force and their officers, officials, employees, volunteers, contractors and subcontractors shall be in excess of the Lessee’s insurance and shall not contribute with it, and Lessor's coverage shall be primary and noncontributory for any claims unrelated to this Lease.

19. Proof of Insurance Coverage.

(a) Lessee 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 Lease and furnish to Lessor certificates of said insurance on or before the Lease Commencement Date.

(b) Each insurance policy required in the Lease shall provide that coverage should not be canceled, except with written notice to the Lessor.

(c) Lessee shall furnish the Lessor with original certificates of insurance and amendatory endorsements, or copies of applicable policy language effecting coverage required by this lease and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates, endorsements and copies or Declarations and Endorsements are to be received and approved before the Commencement Date. However, failure to obtain the required documents prior to the Commencement Date shall not waive the Lessee’s obligation to provide them.

(d) Self-insured. If Lessee is self-insured, it shall provide certificates or evidence to Lessor indicating that its insurance meets the levels and requirements as set forth herein above.

SCLAA Standard Lease Page 11 Adonai Building 652 & Yard Space

20. Personal Property at Risk of Lessee. All personal property which Lessee maintains at the Leased Premises shall be at the risk of Lessee only. Except for the grossly negligent, reckless, or unlawful intentional acts of the Lessor, its agents, employees, guests or invitees, the Lessor shall not be liable for any damage to any property of Lessee or for any damage to Lessee’s property in moving the same to or from the Leased Premises.

21. Utilities and Other Services.

(a) Payment for Utility Charges. Lessee shall contract with and pay the applicable provider, whether the provider is the Lessor or another party, all charges for water, gas, electricity, sewer, waste disposal, or other utilities used or supplied upon or in connection with its use of the Leased Premises and shall indemnify, defend and hold harmless the Lessor against any liability on account thereof. Lessee shall obtain separate metering devices for utility services, as applicable. Lessee agrees to promptly reimburse the Lessor upon receipt of invoice, its propor tionate share of the actual cost of utility services from any common utility service, which may have been paid by Lessor. In addition to the amount of the utility bill that the Lessor may have paid, Lessee shall pay to Lessor a three percent (3%) administrative fee for any pass-through billing processed.

In no event shall the Lessor be liable for any interruption or failure in the supply of any such utilities to the Leased Premises.

(b) Consent to Energy Use Data Disclosure. By executing this Lease, Lessee hereby consents to disclosure of its energy usage data as required for Lessor to comply with California Public Resources Code section 25402.10 and the implementing regulations of the California Energy Commission ( 20 Cal. Code Regs., §§ 1680 through 1685). Strictly for the purposes of ensuring such compliance, including any required public disclosure of aggregated energy use, Lessee agrees to provide such energy usage data directly to Lessor and/or authorizes Lessor to obtain the required energy usage data directly from Lessee’s utility providers upon request without the need to execute any further authorizations or consent forms. Lessee’s consent and authorization is deemed given upon the execution of this Lease and shall continue to be in effect throughout the Term or any extension thereof.

22. Alterations, Improvements and Additions.

(a) Lessee shall not make any alterations, improvements, or additions to the Leased Premises (collectively hereinafter the “Improvements”) without the prior written consent of the Lessor. The Lessor shall own all alterations, improvements, and additions that are affixed to the Leased Premises without compensation to Lessee, subject to subsection (b) below. Any personal property belonging to Lessee may be removed by Lessee at any time prior to the expiration of the Term of this Lease, or any extension thereof.

(b) Once completed, Improvements authorized in writing by Lessor and/or any specific Tenant Improvements as may be provided for elsewhere in this Lease, SCLAA Standard Lease Page 12 Adonai Building 652 & Yard Space shall not be removed by Lessee, unless so required by the Lessor in its sole discretion.

At the end of the Term (or any extension thereof) of this Lease (or upon any earlier termination as may be provided for herein) Lessor shall have the option to either require Lessee to remove the Improvements or Tenant Improvements or elect to have such Improvements or Tenant Improvements become the property of Lessor. In the case of removal of equipment or fixtures, Lessee shall restore the area of the Leased Premises from which such removals are made to its original condition. Lessee shall require the issuance of a Faithful Performance Bond and a Payment Bond for any work performed on the Leased Premises as set forth below:

BOND REQUIREMENTS - A Faithful Performance Bond benefitting the Lessor in the amount of one hundred twenty-five percent (125%) of the bid amount and a Payment Bond in the amount of one hundred twenty-five percent (125%) of the bid amount. Bonds must be issued by an admitted surety insurer in the State of California. When a contract for constructing Lessor-authorized Improvements or Tenant Improvements is signed, the successful bidder shall provide, within ten (10) working days, the Faithful Performance and Payment Bonds in the amounts set forth above in this paragraph.

23. Airport Development. The Lessor, at its sole discretion, shall determine and may from time to time change the routes of surface ingress and egress to and from the Leased Premises, but agrees to locate such routes as conveniently as may be done for Lessee, having in mind the reasonable requirements of the Lessor with respect to the operation of the SCLA. Notwithstanding the above, if the rerouting of such ingress and egress routes significantly disrupts the normal operations of Lessee such that it results in material financial detriment to Lessee, then Lessee shall have the right to terminate this Lease.

24. Signs. Lessee shall not post, install, erect, or operate any sign, placard, poster, or other device on any part of the Leased Premises without the prior written permission of the Lessor. Such signs as may from time to time be permitted by the Lessor shall be made, posted, maintained and removed, and repair any damage caused by removal, at Lessee’s own cost and expense. Lessor shall have the right to remove unauthorized signs at Lessee’s expense. Lessee shall be responsible for all costs associated with the purchase and installation of the required Building Standard Suite Signage in accordance with local codes.

25. Liens. Lessee shall not suffer or permit any liens to stand against the Leased Premises, or any part thereof, by reason of any work, labor, services, or materials done for, or supplied to Lessee or anyone holding the Leased Premises or any part thereof through or under Lessee. If any such lien shall at any time be filed against the Leased Premises, Lessee shall cause such lien to either be discharged of record sixty (60) days after the date that Lessee receives notice of the filing. Notwithstanding the above, in any bona fide dispute between Lessee and any third party concerning work done by the third party on or for the Leased Premises, and as a result of the dispute the third party files a lien against the Leased Premises, then, in lieu of obtaining the discharge SCLAA Standard Lease Page 13 Adonai Building 652 & Yard Space of the lien within the sixty (60) day period, Lessee, at its option, may either file suit against the third party, a part of the suit being to judicially negate or remove the lien or Lessee may file an appropriate bond or other device allowed by law to remove the lien.

26. Inspection by the Lessor. Lessee shall permit the Lessor, or its agents, representatives, or employees to enter the Leased Premises at mutually agreeable, reasonable times for the purpose of inspecting the Leased Premises to determine whether Lessee is complying with the terms of this Lease, for the purpose of doing other lawful acts that may be necessary to protect the Lessor’s interest in the Leased Premises, or for the purpose of performing the Lessor’s duties under this Lease. Except in the event of an emergency, the Lessor shall contact Lessee, no less than twenty-four (24) hours prior to the time that Lessor desires to enter the Leased Premises to arrange a mutually agreeable time for the inspection.

27. Damage or Destruction of Leased Premises. Unless occasioned by the negligence or intentionally unlawful act of Lessee, if, during the term of this Lease or any renewal thereof, any portion of the Leased Premises shall be damaged by fire or other catastrophic event, so as to render such portion of the Leased Premises untenantable, the obligations under this Lease shall be immediately suspended while such portion of the Leased Premises remains untenantable. In the event of such damage, the Lessee shall give Lessor notice of such untenantable conditions and the Lessor shall elect in its sole discretion, whether to repair the Leased Premises or to cancel this Lease with respect thereto. It shall notify Lessee in writing of its election within thirty (30) days after such damage. In the event Lessor elects to repair the Leased Premises, the work or repair shall begin promptly and shall be carried on without unnecessary delay. In the event the Lessor elects not to repair the Leased Premises or portion thereof, the Lease shall be deemed canceled as of the date of damage with respect to the applicable portion.

Such damage shall not extend the Lease Term. In the event that insurance proceeds are received by Lessee under the Property Insurance policy required to be carried by Lessee, and the Lease is terminated under this Section, the Lessor shall be entitled to the portion of such proceeds attributable to the fixtures, improvements, and other property which would remain with the Leased Premises, and Lessee shall be entitled to the portion of such proceeds attributed to the fixtures and property on the Leased Premises which would be removed by Lessee. Notwithstanding anything in this paragraph to the contrary, if the Leased Premises are rendered inadequate for Lessee to conduct its normal operations in or upon the Leased Premises (or such portion of the Leased Premises which is still tenantable), and it is reasonably anticipated that the damages shall not be repaired or otherwise resolved, within sixty (60) days the damage occurred, then Lessee, at its sole and exclusive option, may immediately terminate this Lease. Additionally, irrespective of whether Lessee remains in possession and occupancy of the Leased Premises or elects to terminate this Lease, rent payable under this Lease shall abate during the period that the Leased Premises are not totally useable by Lessee. The abatement shall be pro rata in proportion to the ratio that the amount of space which Lessee is actually able to occupy and from which it is able to conduct operations bears to the total Leased Premises. Lessee shall continue to make all other payments during this period, including taxes.

SCLAA Standard Lease Page 14 Adonai Building 652 & Yard Space

28. Assignment and Subletting.

(a) Lessee shall not cause, or permit, by operation of law or otherwise, any assignment, encumbrance or transfer of this Lease or any estate or interest therein without the prior written consent of the Lessor.
(b) Lessee shall not sublet the Leased Premises or any part thereof without the prior written consent of the Lessor. Such consent is subject to consideration by Lessor of the financial arrangement between Lessee and its proposed subtenant and is subject to Lessor’s financial participation in such arrangement. In addition, if Lessee’s proposed sublease or assignment arrangement will result in any increased rents or profits accruing to Lessee in excess of the Monthly Base Rent due to Lessor under this Lease, such consent shall further be conditioned upon Lessor receiving fifty percent (50%) of the excess amount thereof. An assignment or subletting shall not relieve Lessee of any of its obligations or liabilities under this Lease: both Lessee and any subsequent assignees of Lessee will be deemed to be bound hereunder. The Lessor’ s consent to any such assignment, transfer or subletting shall not constitute consent to any further assignment, transfer, or subletting

(c) The provisions of this Section 28 is not intended, nor should it be construed, to prevent Lessee from allowing such independent contractors onto the Leased Premises who are involved in Lessee’s normal operations on the Leased Premises (such as repair and maintenance personnel, janitorial personnel, and similar personnel). Additionally, this provision should not be construed to prevent subcontractors of Lessee from conducting their work on the Leased Premises in conjunction with the normal operations conducted by Lessee. To the extent that Lessor must grant its consent for Lessee’s subcontractors to enter onto the Leased Premises for the above-described purposes, consent is hereby deemed to be granted.

29. Indemnification.

To the fullest extent permitted by law, Lessee hereby agrees to defend, indemnify and hold harmless Lessor, the City of Victorville, the Victor Valley Economic Development Authority, the United States Air Force and each of their respective officers, officials, employees, directors, agents, volunteers, independent contractors and assigns (collectively hereinafter the “Indemnified Parties”), from and against any and all claims, actions, suits, proceedings, demands, losses, judgments and costs and expenses, including attorneys’ fees (collectively hereinafter “Claims”), arising from any legal action or proceeding initiated by any individual or entity arising out of, or resulting from the performance of this Lease, except for any such Claims arising out of the sole negligence or willful misconduct of the Indemnified Parties.

30. The Lessor’s Environmental Representations.

(a) Except as otherwise provided in Section 14 hereof, Lessee shall not be held responsible or deemed liable by the Lessor for any hazardous environmental

SCLAA Standard Lease Page 15 Adonai Building 652 & Yard Space condition on the Leased Premises, which existed prior to Lessee’s occupancy of the Leased Premises.

(b) Except as provided in Section 14 hereof, the Lessor represents that to the best of its actual knowledge, the Leased Premises are free from any violations of law or regulations pertaining to occupational hazards and environmental conditions or Hazardous Materials as defined in Section 31 of this Lease. In the event that any hazardous environmental conditions exist on the Leased Premises as of the Lease Commencement Date which result in a loss to Lessee and which were caused by Lessor, the United States Air Force or parties or entities within the control of, or under contract with Lessor, then the Lessor shall indemnify, defend and hold Lessee harmless from any costs, expenses, attorney fees or liabilities relating to any claims of such violations or conditions existing prior to Lessee’s occupancy of the Leased Premises. Lessor shall indemnify Lessee from hazardous environmental conditions or violations caused directly by the Lessor, its employees, agents, or licensees during or subsequent to the Term of this Lease.

(c) Lessee shall be solely responsible for obtaining at its cost and expense; any environmental permits required for its operation under this Lease independent of any existing permits.

31. Compliance with Environmental Laws.

(a) The words and phrases set forth below shall have the following definitions:

I. “Hazardous Materials” means and includes any material that because of its quality, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. Hazardous Materials include hazardous wastes, toxic substances, petrol eum products and motor fuels and similar substances and materials, including all s ubstances and materials defined as hazardous or toxic substances or materials under California Health and Safety Code section 25501(n) or any other similarly applicable state, federal or local law.

II. “Environmental Laws” means and includes the various health and safety laws and regulations of state, federal and local agencies pertaining to the manufacture, use, storage, disposal, release, and reporting relating to Hazardous Materials.

(b) Following the Commencement Date, Lessee shall not cause or permit any Hazardous Materials to be used, generated, manufactured, produced, stored, brought upon, or released, on, under or about the Leased Premises, or transported to and from the Leased Premises, by Lessee, its agents, employees, contractors, or invitees in violation of any Environmental Laws. Lessee shall indemnify, defend and hold harmless the Lessor from any damage, cost, expense, liability, fine, or penalty resulting SCLAA Standard Lease Page 16 Adonai Building 652 & Yard Space from any unauthorized discharge, emission, spill, storage, release, disposal or use of any Hazardous Materials by Lessee, its officers, agents, employees, contractors or invitees or any of them. This obligation of Lessee shall survive the Expiration Date or earlier termination of this Lease and shall apply whenever the Lessor incurs cost or liability arising from any use or activity of Lessee relating to Hazardous Materials during the Term or any extension thereof.

(c) Without limiting the foregoing, if at any time during the Term of this Lease or any extension thereof, the presence of any Hazardous Materials on, under or about the Leased Premises caused by Lessee, its agents, employees, contractors, or invitees results in an unpermitted, unscheduled or unauthorized release or contamination of the Leased Premises by such Hazardous Ma terials, then Lessee shall at its sole cost and expense promptly take all actions necessary to return the Leased Premises to the condition existing prior to the unpermitted, unscheduled or unauthorized release of any such Hazardous Materials on the Leased Premises.

(d) Lessee shall immediately notify the Lessor of the occurrence of any of the following events: (1) receipt by Lessee of any correspondence or communication from any governmental entity regarding the application of Environmental Laws to the Leased Premises or the investigation or enforcement by such governmental entity of any such Environmental Laws in connection with Lessee’s occupancy or use of the Leased Premises, and (2) unpermitted, unscheduled or unauthorized release of any Hazardous Materials on the Leased Premises which may occur at any time during the Term of the Lease or any extension thereof.

(e) To the extent Lessee may conduct any use or activity on the Leased Premises which includes the use, handling, transport, or disposal of any Hazardous Material in quantities which exceed the threshold amounts authorized under California Health and Safety Code section 25507, Lessee shall, at its sole cost and expense, prepare and submit to the City of Victorville (or designated local Certified Unified Program Agency “CUPA”) for approval, renewal or amendment, as applicable, a Business Plan for the Leased Premises, as the term “Business Plan” is described under California Health and Safety Code section 25505.

(f) Notwithstanding any of the foregoing, in the event Lessee, its agents, employees, contractors, or invitees, fails to use and maintain the Leased Premises in accordance with the provisions of this Section 31, Lessor and/or the City of Victorville (the “City”) shall have the right, but not the obligation, to enter the Leased Premises and undertake remedial action as necessary in order to ensure that the Leased Premises are in compliance with all Environmental Laws. In such event, Lessee shall reimburse Lessor and/or the City for all reasonable sums incurred by it for such remediation activities for which Lessee is responsible pursuant to Sections 30 and 31. In such event Lessor may, in its sole discretion, and not limiting its ability to recover through any other means provided in law or equity, determine to deduct all or a part of such sums due under this Section from the Security Deposit.

SCLAA Standard Lease Page 17 Adonai Building 652 & Yard Space

32. Surrender of Leased Premises. On the Expiration Date, Lessee shall surrender and deliver possession of the Leased Premises to the Lessor clean and free of debris and in as good condition as it was on the Lease Commencement Date, reasonable wear and tear excepted.

33. Compliance with Laws. Lessee shall comply with all applicable federal, state and local laws, regulations and standards that are or may become applicable to Lessee’s activities on the Leased Premises (hereinafter collectively, (“Laws”), including without limitation the SCLA and FAA Rules and Regulations). Lessee agrees to abide by and conform to the SCLA Rules and Regulations, as such may be amended from time to time by Lessor, and to cause its officers, agents, employees, suppliers, shippers, customers, and invitees to so abide and conform. Lessor shall have the right, from time to time, to modify, amend and enforce said rules and regulations. In addition, Lessee agrees to abide by the Selected FAA Rules and Regulations attached hereto as Exhibit D and incorporated herein by this reference, as such may be amended from time to time, and to cause its officers, agents, employees, suppliers, shippers, customers, and invitees to so abide and conform. The Lessor shall not be responsible to Lessee for the noncompliance with said rules by other tenants, their officers, agents, employees, suppliers, shippers, customers and/or invitees. The judgment of any court of competent jurisdiction, or the admission of Lessee in a proceeding brought against Lessee by any government entity, that Lessee has violated any such Laws (except where such admission may be the basis for settlement) shall be conclusive as between the Lessor and Lessee and shall constitute grounds for declaration of default, breach, forfeiture, and termination of this Lease by the Lessor.

34. Defaults.

(a) In the event Lessee should default in the performance of any covenant or condition of this Lease (excluding the payment of any monthly rent or other amounts due hereunder) and such default is not cured or removed within thirty (30) days after service of written notice upon Lessee of such default in the performance of any covenants and conditions; then in such event, the Lessor shall have the right and option to terminate this Lease, to re-enter the Leased Premises, to evict Lessee and to remove Lessee’s possessions, all without being deemed guilty of any trespass, and without prejudice to any claim for arrears of rent or breach of covenant. Notwithstanding the foregoing, if Lessee, prior to the expiration of such thirty (30) day period for default diligently commences to cure such default but is unable to do so within the thirty (30) day period, then such period shall be extended for an additional thirty (30) days provided Lessee continues to make a diligent effort to cure the default.

The occurrence of any of the following events shall also be a Default under this Lease; (i) the making of any general arrangement or assignment for the benefit of creditors; (ii) becoming a “debtor” as defined in 11 U.S.C. § 101 or any successor statue thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee’s assets located at the Leased Premises or of Lessee’s interest in this Lease, SCLAA Standard Lease Page 18 Adonai Building 652 & Yard Space where possession is not restored to Lessee within thirty (30) days; or (iv) the attachment, execution or other judicial seizure of substantially all Lessee’s assets located at the Leased Premises or of Lessee’s interest in this Lease, where such seizure is not discharged within thirty (30) days; provided, however, in the event that any provision of this paragraph is contrary to any applicable law, such provision shall be of no force or effect, and not affect the validity of the remaining provisions.

(b) Failure to pay Monthly Base Rent or any other amounts when due shall be deemed a default under this provision. Lessee shall cure such default within ten (10) days after service of written notice.

(c) Any statutory notice required as part of any eviction action or similar type of proceeding may be included with any notice of default given pursuant to this Section and the Lessor need not declare a default and have such default remain uncured prior to delivery of such statutory notice.

35. Remedies of the Lessor. In the event of any breach of the Lease by Lessee and the cure periods described in Section 34 hereof have expired, the Lessor may at any time thereafter, with or without notice or demand and without limiting the Lessor in the exercise of any other right or remedy which the Lessor may have by reason of such breach, do any of the following:

(a) terminate Lessee’s right to possession of the Leased Premises by any lawful means, in which case this Lease shall terminate, and Lessee shall surrender possession of the Leased Premises to the Lessor. This may involve the Lessor filing an unlawful detainer action and receiving a court order for Lessee to vacate the premises.

In any such event, the Lessor shall be entitled to recover from Lessee all damages incurred by the Lessor by reason of Lessee’s default, including, but not limited to the cost of repairing or restoring damages to the Leased Premises caused by Lessee, the cost or removal of Lessee’s improvements, fixtures and other contents of the Leased Premises, costs associated with past or future brokerage commissions and marketing expenses and the other costs payable by the Lessor in connection with the recovery of possession of the Leased Premises, including but not limited to reasonable attorneys’ fees and court costs, as well as: (1) the worth at the time of award by the court having jurisdiction thereof of the unpaid rent which had been earned at the time of termination, and (2) the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the Term after the time of such award may exceed the amount of such rental loss for the same period that Lessee proves could be reasonably avoided; or

(b) pursue any other remedy now or hereafter available to the Lessor under the laws or judicial decisions of the State of California.

36. Default of Lessor. In the event Lessor should default in the performance of any covenant or condition of this Lease and such default is not cured or removed within thirty (30) days after service of written notice of default upon Lessor, then Lessee shall SCLAA Standard Lease Page 19 Adonai Building 652 & Yard Space have the right and option to terminate this Lease. If Lessor, prior to the expiration of such thirty (30) day period for a default, diligently commences to cure such default, but is unable to do so within the thirty (30) day period, then such period shall be extended for an additional thirty (30) days provided Lessor continues to make a diligent effort to cure the default. In the event of an uncured default Lessee shall have all remedies available at law or in equity for any default or breach of this Lease by the Lessor.

37. Force Majeure-Unavoidable Delays. If the performance of any act required by this Lease to be performed by either Party is prevented or delayed by reason of an act of God; strike; lockout; labor troubles; inability to secure materials; unreasonably restrictive governmental laws or regulations; or any other cause except financial inability that is not the fault of the Party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused. However, nothing contained in this Section shall excuse the prompt payment of rent by Lessee as required by this Lease or the performance of any act rendered difficult solely because of the financial condition of the Party required to perform the act.

38. Notices. Any and all notices or demands required or permitted to be given hereunder must be personally delivered; or be mailed by registered or certified mail, return receipt requested; or sent by a nationally recognized overnight courier, addressed as follows:

To the Lessor: Southern California Logistics Airport Authority 18374 Phantom West
Victorville, CA 92394
Attn: Airport Director

With copies to: AdB Law Offices, Inc.
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301
Attn: Andre de Bortnowsky, Esq.

To the Lessee: Adonai Enterprises, Inc.
7752 Enterprise Drive
Newark, CA 94560
Attn: Jared Mathews

or at such other address or addresses that either Party may hereafter designate in writing to the other. Any notice or demand which is mailed by registered or certified mail as provided above shall be deemed to be effective and given for all purposes three (3) business days following the time of deposit thereof, in the United States mail.

SCLAA Standard Lease Page 20 Adonai Building 652 & Yard Space

39. Miscellaneous.

(a) One or more waivers of any provision of this Lease by the Lessor shall not be construed as a waiver of a subsequent breach of the same provision and the Lessor’s consent or approval shall not be deemed to waive or render unnecessary the Lessor’s consent or approval to or of any subsequent or similar act by Lessee.

(b) If either Party to this Lease shall bring any action for any relief against the other, declaratory or otherwise, to enforce the terms hereof or to declare rights here under (collectively, an Action), the losing Party shall pay to the prevailing Party attorneys’ fees and costs incurred in bringing and prosecuting such Action and/or enforcing any judgment, order, ruling, or award (collectively, a Decision) granted therein, all of which shall be deemed to have accrued on the commencement of such Action and shall be paid whether such Action is prosecuted to a Decision. Any Decision entered in such Action shall contain a specific provision providing for the recovery of attorneys’ fees and costs incurred in enforcing such Decision. The court may fix the amount of reasonable attorneys’ fees and costs on the request of either Party. For the purposes of this paragraph, attorneys’ fees shall include, without limitation, fees incurred in the following: (1) post- judgment motions and collection actions; (2) contempt proceedings; (3) garnishment, levy, and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation. “Prevailing Party” within the meaning of this paragraph includes, without limitation, a Party who agrees to dismiss an Action upon the other Party’s payment of the sums allegedly due or performance of the covenants allegedly breached, or who obtains substantially the relief sought by it. Nothing contained in the Section shall be interpreted to mean that Lessor has agreed to arbitrate any dispute which may arise hereunder.

(c) This Lease can be modified, supplemented, amended, or rescinded only by a writing expressly referring to this Lease and signed by Lessor and Lessee.

(d) If any provision of this Lease or any application thereof shall be invalid or unenforceable, the remainder of this Lease and any other application of such provision shall not be affected thereby. Unless otherwise expressly provided herein, any approval or consent of Lessor required hereunder shall not be unreasonably withheld or delayed. This Lease shall be binding upon and inure to the benefit of and be enforceable by the respective successors of the Parties hereto. The Section headings in the Lease are for purposes of reference only and shall not limit or define the meaning hereof.

(e) This Lease contains the entire understanding and agreement of the Parties, supersedes all prior understandings and agreements, and cannot be changed orally. This Lease shall be construed in accordance with the laws of the State of California.

Time is of the essence.

(f) Any conflict between the printed provisions, exhibits, or addenda of this Lease and the typewritten or handwritten provisions, if any, shall be controlled by the typewritten or handwritten provisions provided such typewritten or handwritten provisions are initialed by both Parties.

SCLAA Standard Lease Page 21 Adonai Building 652 & Yard Space (g) This Lease shall be of no force or effect unless executed by both Parties. Each person executing this Lease for the respective Parties expressly represents and warrants that he or she has the authority to enter into Leases on behalf of and bind the entity on whose behalf this Lease is executed.

(h) This Lease 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 the same instrument.

[END OF THIS PAGE – SIGNATURES FOLLOW]

SCLAA Standard Lease Page 22 Adonai Building 652 & Yard Space IN WITNESS WHEREOF, the Parties have executed this Lease as of the dates set forth below.

LESSEE
ADONAI ENTERPRISES, INC.

______________________________ ___________________ Jared Mathews Date
Chief Executive Officer

LESSOR
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY (“SCLAA”)

______________________________ ___________________ Keith C. Metzler Date
Executive Director

ATTEST:

______________________________ ___________________ Jennifer Thompson Date
SCLAA Secretary

APPROVED AS TO STANDARD FORM:

______________________________ ___________________ Andre de Bortnowsky Date
SCLAA Legal Counsel

RISK MANAGER

______________________________ ___________________ Sandra Bostick Date

SCLAA Standard Lease Page 23 Adonai Building 652 & Yard Space

EXHIBIT A

DESCRIPTION OF LEASED PREMISES

Building 652 consisting of approximately Twenty Thousand (20,000) square feet of office and warehouse space, located on the SCLA at 13059 Aerospace Drive, Victorville, CA 92394, as depicted on Exhibit A-1; and

Yard Space consisting of approximately Five Thousand Six Hundred (5,600) square feet located immediately south of Building 652 located at 13059 Aerospace Drive, Victorville, CA 92394, as depicted in blue on Exhibit A-2.

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SCLAA Standard Lease Page 24 Adonai Building 652 & Yard Space

EXHIBIT B

SCLA RULES AND REGULATIONS

Southern California
Logistics Airport
Rules and Regulations
Amended
April 17, 2007
Exhibit B

SOUTHERN CALIFORNIA LOGISTICS AIRPORT RULES AND REGULATIONS Pg.1 of 38

RULES AND REGULATIONS FOR THE USERS OF SOUTHERN CALIFORNIA LOGISTICS AIRPORT; ESTABLISHING FEES FOR THE VARIOUS USES; DEFINING TERMS; PROHIBITING OR LIMITING CERTAIN ACTIVITIES; FIXING PENALTIES FOR VIOLATIONS; AND PROVIDING FOR AMENDMENTS TO

THESE RULES AND REGULATIONS AS MAY BE NEEDED FROM TIME TO TIME SECTION 1. SHORT TITLE:

1.1 These Rules and Regulations shall be referred to as the Southern California Logistics Airport (SCLA) Rules and Regulations. It may be amended by a majority vote by the Board of the Southern California Logistics Airport Authority (SCLAA).

SECTION 2. APPLICABILITY:

2.1 These Rules and Regulations apply equally to every Airport User. The Airport Operating Manual or Specifications, as applicable, adopted in accordance with FAR Part 139, and the Airport Policies and Procedures Manual are hereby made by reference a part of these Rules and Regulations.

SECTION 3. RESPONSIBILITIES
:

3.1 Management: It shall be the responsibility of the Airport Director to fairly and impartially administer these Rules and Regulations.

3.2 Users: It shall be the responsibility of every Airport User, pilot or other, to become familiar with the SCLA Rules and Regulations and to obey those Rules and Regulations. Current copies of these Rules and Regulations will be maintained reflecting any amendments and will be posted at the SCLA Administrative Office and at Million Air. Additional copies will be provided by the SCLA Airport Director through the SCLA Administrative Office to any Airport User who requests such copy.

SECTION 4. DEFINITIONS:

For the purposes of these Rules and Regulations, the following definitions and meanings shall apply unless otherwise specified:

4.1 “Air Operations Area” or “AOA” means the area upon which aircraft are able to operate and includes the runways, taxiways, taxi lanes, apron area, and the vehicle and personnel gates that lead to these areas.

4.2 “Air Carrier” means any person who undertakes directly, by lease, or other arrangement, to engage in air transportation of persons or things. An “Air Carrier” operates in various categories, under authority or certification by the FAA and holds a current FAA certificate to transport air passengers or property for hire.

SOUTHERN CALIFORNIA LOGISTICS AIRPORT RULES AND REGULATIONS Pg.2 of 38

4.3 “Aircraft” means a device that is used, or is intended to be used, for flight in the air. “Aircraft” includes airplanes, helicopters and gliders, and lighter than air devices such as blimps or balloons, but does not include hang gliders.

4.4 “Aircraft Owner” shall mean a Person who holds title to an Aircraft.

4.5 “Aircraft Operator” shall mean the Person who is operating or controlling an Aircraft while said Aircraft is on Airport property.

4.6 “Aircraft Storage” shall have the same meaning as “Stored Aircraft”.

4.7 “Airport” means the SCLA, its buildings and facilities, all lands owned and or controlled by the SCLAA contiguous to the airport, including airspace above such land and the designated approaches thereto.

4.8 “Airport Director” means that person so appointed by the SCLAA or his designated representative.

4.9 “Airport Master Security Program” or “Airport Security Program” means the Security Program, which is the responsibility of an Airport Operator pursuant to TSA 1542.

4.10 “Airport Operations and Security Department” or means the Airport Operations and Security Department of the Southern California Logistics Airport.

4.11 “Airport Security Areas” or “Secure Areas” means Air Operations Areas, roadways, and common Air Carrier areas within terminal fa cilities (i.e. baggage makeup areas), excluding exclusive leasehold structural areas, to which public access is limited or denied under Airport Master Security Program.

4.12 “Airport Security Coordinator” or “ASC” means an individual appointed by the Airport Director, charged with the responsibility to implement and enforce the Airport Master Security Program, employed by the City of Victorville and under the direction of the Airport Director, or the Airport Security Coordinator’s designated representative.

4.13 “Airport Tenant” means an individual, partnership, corporation or other business entity, and its agents, employ ees, representatives, and subtenants which occupies or controls all or part of Airport areas, buildings or other facilities which they lease from t he Southern California Logistics Airport Authority.

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4.14 “Airport Tenant Security Program” shall have the same meaning as set forth in TSA1542.113, entitled “Airport Tenant Security Programs.”

4.15 “Airport User” means any Person who uses the Southern California Logistics Airport, including but not limited to, Airport Tenants and subtenants, Fixed Base Operators, Air Carriers, Aircraft Owners, Aircraft Operators, Commercial Operators, passengers, and their employees, agents, representatives, agents, successors and assigns.

4.16 “Authorized Person” means an individual authorized with a Personnel Identification Badge issued by the Airport Security Coordinator, or his designated representative, to have unescorted access authority to Airport Security Areas.

4.17 “Air Traffic” means Aircraft operating in the air or on an Airport surface, exclusive of loading ramps or parking areas.

4.18 “Air Traffic Clearance” means an authorization issued by Air Traffic Control personnel for an Aircraft to proceed under specified traffic conditions within controlled airspace.

4.19 “Air Traffic Control” or “ATC” shall mean the Air Traffic Control of the Southern California Logistics Airport.

4.20 “Airworthy Condition” means a condition wherein an Aircraft can take flight under its own power. See definition of “Non-Airworthy Aircraft” below.

4.21 “Autorotation” means a rotorcraft flights condition in which the lifting rotor is driven entirely by action of the air when the rotorcraft (helicopter) is in motion.

4.22 “Balloon” means a lighter-than air aircraft, which is not engine-driven.

4.23 “Based Aircraft,” means Aircraft that are parked on the Airport for thirty (30) days or longer and are not part of an aircraft storage program.

4.24 “Ceiling” means the height above the earth's surface of the lowest layer of clouds or obscuring phenomena, that is reported as “broken,” “overcast,” or “obscuration,” and is not classified “thin” or “partial”.

4.25 “City” means the City of Victorville.

4.26 “Commercial Operator” means any Person who, for compensation or hire, engages in the carriage of persons, property, or mail in air commerce, or engages in other aerial activity such as flight instruction, aerial photography, fire fighting, agricultural aviation activities, or traffic surveillance.

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4.27 “Criminal History Records Check (CHRC)” means a fi ngerprint-based criminal history records check as described in 49 CFR § 1542.

4.28 “Commercial Use” means use of SCLA for revenue-producing commercial activities.

4.29 “Dismantled Aircraft” means an Aircraft which has been disassembled to a point where it is not reasonable to assume that said Aircraft can be reassembled and placed in an Airworthy Condition.

4.30 “Driving Permit” means a permit issued by the Airport Director or his designee in order for an Individual to operate a Vehicle on the Airport.

4.31 “Escort” means an Authorized Person or Authorized Persons accompanying, monitoring, directing and controlling the actions of an Individual or Individuals who are not displaying Personnel Identification Badges, and/or who are not otherwise Authorized Persons, within Airport Security Areas. The Authorized Person(s) performing an Escort must be displaying valid Personnel Identification Badges, must be accompanying the Individual or Individuals for performance of direct job duties and must ensure that those Individuals who are being escorted remain within sight and sound at all times.

4.32 “Executive Director” means the Executive Director of the Southern California Logistics Airport Authority.

4.33 “FAA” means the Federal Aviation Administration of the United States Government or any federal agencies succeeding to its jurisdiction.

4.34 “Fixed Base Operator” means any Person who rents, leases, or owns facilities located on SCLA, who by virtue of his specific type of aviation or aviation related activity, requires the occupancy of a site with contiguous aircraft apron and direct access to the Aircraft Operation Area, and who engages in a business activity providing aviation sales or service, including but not limited to any of the following:

1. Selling and/or servicing new and used Aircraft and
component parts;

2. Aircraft maintenance and repairs;

3. Sales and/or repair of avionics;

4. Aviation training (including ground or flight instruction);

5. Aerial photography;

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6. Air ambulance service;

7. Aircraft agricultural operations (crop dusting, spraying, or the application of seed, fertilizers, pesticides, defoliants, etc);

8. Aircraft rental, charter, leasing;

9. Aircraft Storage;

10. Fuel and oil sales and servicing; and

11. Aircraft servicing or ground handling including cargo handling, baggage handling, lavatory service, water service, air starts, ground power, or other elements related to aircraft handling.

4.35 ”Flight Visibility” means the average fo rward horizontal distance from the cockpit of an Aircraft in flight, at which prominent unlighted objects may be seen and identified by day, and prominent lighted objects may be seen and identified by night.

4.36 “Ground Visibility” means prevailing horizontal visibility near the earth's surface.

4.37 “Helicopter” means a roto r driven aircraft (r otorcraft) that, for its horizontal motion, depends primarily on its engine-driven rotors.

4.38 “IFR” means Instrument Flight Rules covering meteorological conditions below the minimums for flight under visual (VFR) conditions.

4.39 “Individual” means a natural person.

4.40 “Maintenance” means inspection, overhaul, repair, preservation, and the replacement of parts, including preventive maintenance.

4.41 “Movement Area” means the runways, taxiways, and other areas of the Airport, which are utilized for taxiing, takeoff, and landing of Aircraft. The Movement Area does not include parking and loading ramps. Entry into the Movement Area requires ATC approval.

4.42 “Night” means the time between the end of evening civil twilight and the beginning of morning civil twilight as published in the American Air Almanac, converted to local time.

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4.43 “Non-Airworthy Condition” means when an Aircraft cannot take flight under its own power as a result of being in disrepair or in the process of being disassembled.

4.44 “Notice of Violation” means a written notification of non-compliance with these Rules and Regulations, issued by the Airport Director or his designated representative.

4.45 “Person” means an individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity, and includes a trustee, receiver, assignee, or similar representative of any of them.

4.46 “Personnel Identification Badge” means a Personnel Identification Badge issued to an Individual by the Southe rn California Logistics Airport for purposes of granting that Individual unescorted access authority to the Restricted Area.

4.47 “Ramp” means an improved surfaced area reserved exclusively for the parking and taxiing of Aircraft.

4.48 “Restricted Area” means all areas or facilities accessible only by Authorized Persons or Persons under Escort, and including all Ramp areas and the Aircraft Operations Area (AOA).

4.49 “Roadway” means that portion of an area improved or designed or ordinarily used for vehicular travel. A roadway on the Airport Operations Area is called a vehicle service road (“VSR”).

4.50 “Runway” means an improved surfaced area reserved exclusively for the landing and taking off of Aircraft.

4.51 “Scheduled Air Carrier” means any Person providing scheduled passenger or cargo service from the Airport in accordance with a published schedule and having at least one scheduled departure per day, or no less than five scheduled departures per week, and operating under authority of the Federal Aviation Administration and the Airport.

4.52 “Security Perimeter” means the portion of the Airport that is enclosed by fencing, walls or other barriers, and to which access is controlled through designated entry points.

4.53 “SCLA” means Southern California Logistics Airport.

4.54 “SCLAA” means Southern California Logistics Airport Authority.

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4.55 “Security Devices” means equipment installed or placed by or under the direction of the Southern California Logistics Airport Authority, or designated representative, to monitor or control entranc es to and exits from Airport Security Areas. “Security Devices” include, but are not limited to, bells, sirens, communication equipment, locks and corresponding keys, emergency exits, electronic access control and other security equipment.

4.56 “Security Identification Display Area” or “SIDA” shall have the same meaning as set forth in TSA1542.205. Before being granted unescorted access to the SIDA, Individuals must undergo a Criminal History Record Check and employment history verification.

4.57 “Security Screening Area” means an access point, including entrances and exits, to the Airport Security Areas, Secure Areas and the Sterile Areas, where Vehicles, equipment, Individuals, and belongings are inspected prior to entrance.

4.58 “Sterile Area” means an area to which access is controlled by the inspection of Individuals and property in accordance with FAA and TSA requirements.

4.59 “Stirling Airport International” or “SAI” means SCLA’s development partner.

4.60 “Stored Aircraft” means aircraft that are parked at/on airport property and are part of an aircraft storage program.

4.61 “Taxiway” means an improved surfaced area reserved exclusively for use by aircraft to proceed to and from ramp and runway areas.

4.62 “Traffic Pattern” means the traffic flow that is prescribed for aircraft landing at or taking off from SCLA.

4.63 “Unnecessary Noise” means any engine nois e that is greater than the level produced when the engines are at idle except when required for taxiing of the aircraft, takeoff or landings.

4.64 “Vehicle” means every device in, upon or which any Individual or property is or may be transported or drawn upon a roadway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. A bicycle shall be considered a vehicle under all portions of these Rules and Regulations, which govern right-of-way.

4.65 “Vehicle Owner” means a person who holds the legal title of a vehicle.

4.66 “Vehicle Service Road” or “VSR”. (See Roadway.)

4.67 “VVEDA” means the Victor Valley Economic Development Authority.

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4.68 “VFR” means Visual Flight Rules covering meteorological conditions, above those requiring flight under IFR conditions.

4.69 “Word Construction”: The following construction applies throughout these Rules and Regulations:

1. Words importing the singular include the plural,

2. Words importing the plural include the singular; and,

3. Words importing the masculine gender include the
feminine and the neutral gender.

SECTION 5. NECESSITY:

5.1 These Rules & Regulations are enacted to protect the health, safety and peace, and to promote the welfare and convenience of the general public using SCLA, or affected by activities related to the Airport by providing for the orderly conduct of activities on, or related to, the Airport. The use of the Airport or any of its facilities in any manner shall create an obligation on the part of the Airport User to obey all of the rules and regulations herein provided.

SECTION 6. BASED AIRCRAFT:

6.1 Any Person desiring to base an Aircraft at SCLA shall register such Aircraft at the Airport Operations and Security Department as soon as possible but not later than 24 hours after the arrival of the Aircraft. If a change in ownership occurs while the Aircraft is based at the Airport, the new Aircraft Owner shall re-register the Aircraft with the Airport Operations and Security Department, again, no later than 24 hours after the change in ownership occurred.

6.2 Except as specifically set forth in an Airport land or facility sublease, Aircraft in a Non-Airworthy Condition shall not be permi tted to remain on the Airport in excess of five (5) days without the express prior written permission of the Airport Director. Such Aircraft shall be removed from the Airport or stored at the Aircraft Owner’s expense.

SECTION 7. AIRCRAFT STORAGE AND PARKING:

7.1 Aircraft shall only be stored or parked at places as set forth in such Person’s sublease or as may be authorized by the Airport Director, and such storage or parking shall be at the sole risk of the Aircraft Owner and/or Aircraft Operator, and without any responsibility to SC LAA, VVEDA or Stirling Airport International, or any of their officers, employees, agents or representatives, for any loss of, or damage to the Aircraft while so stored or parked. The Aircraft Owner and/or the Aircraft Operator shall be responsible for the tying-down and/or securing of his Aircraft. The Aircraft Owner and/or Aircraft Operator shall likewise be responsible for any li ability arising from or caused by his

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Aircraft or his activities. All Airport Tenants desiring to store Aircraft at SCLA must notify the Airport Director in writing prior to the Aircraft arriving at SCLA.

SECTION 8. COMMERCIAL ACTIVITY:

8.1 No Person shall utilize SCLA for any revenue-producing commercial activities without the express written permission of SCLAA or its designated representative, and obtaining a City of Victorville Business License for such activities, and paying the fees and charges established for such use or license.

SECTION 9. AIRPORT FEES
:

9.1 Funding for Airport operations and capital improvements is derived through various types or classes of Airport User Fees. Airport User fees are specifically established to compensate the Airport for the us e, maintenance and repair of Airport facilities, as well as to minimize the need for on-going general taxpayer support.

9.2 A schedule of rates and charges for the use of the Airport and its facilities may be found as Attachment A to these Rules and Regulations.

9.3 Any Aircraft Owner or Aircraft Operator who fails to pay any fee duly charged for Aircraft owned or controlled by him shall have such Aircraft subject to impounding until the fees are paid, along with any impound fees, or until the Aircraft is sold for charges.

SECTION 10. HOURS OF OPERATION:

10.1 SCLA shall be open for public use at all hours of the day and night, subject to any restrictions imposed by the Airpor t Director due to inclement weather, condition of the landing area, presentation of special events, construction or repair activities, or similar causes. The control tower is open 24 hours a day, 7 days a week. The Airport is attended from 6:00 A.M. to 10:00 P.M. daily by Million Air. Services may be obtained from Million Air during said hours at telephone number (760) 246-7794 or UNICOM (122.85 MHz).

SECTION 11. UNATTENDED AIRCRAFT:

11.1 No Aircraft shall be left unattended on the Airport unless properly secured or within a hangar. Aircraft Owners and/or Aircraft Operators of Aircraft left so unattended shall be liable for damage to other Aircraft or property resulting from the failure to adequately secure or tie down the Aircraft.

SECTION 12. MAINTENANCE:

12.1 Unless otherwise authorized by the Airport Director, or specified as a permitted use in an Airport facility or land sublease, no Aircraft or Vehicle maintenance, other than that which is required to remove damaged Aircraft from the Runway or Taxiway(s), or that which is neces sary to replace a flat tire, shall be

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performed at SCLA except in areas specifically designated by the Airport Director for that purpose.

SECTION 13. EQUIPMENT REQUIREMENTS:

13.1 Every Aircraft using SCLA shall be equipped with a fully functional, two-way radio, except when operating into or from the Airport under an FAA waiver for radio maintenance. The ATC frequency is 118.35 MHz and the ground control frequency is 124.45 MHz. Weather and traffic advisories are broadcast on 109.40 MHz. No fixed-wing Aircraft equipped with a tailskid shall operate on any paved surface of SCLA.

SECTION 14. ACCIDENTS:

14.1 Every Person involved in, or witnessing an Aircraft operating accident on the Airport shall report promptly the details of such accident to the Airport Director, ATC, or FAA.

14.2 In addition, the Aircraft Owner and/or the Aircraft Operator, including pilot, shall report fully to the California Division of Aeronautics the details on any accident in which there is death or injury, or in which damage to the property of others exceeds $400.00.

14.3 The Aircraft Owner and/or the Aircraft Operator of an Aircraft which is damaged or wrecked in an accident shall be responsible for the prompt removal of the Aircraft as directed by the Airport Director.

14.4 Where the Aircraft Owner and/or Airc raft Operator of an Aircraft which is damaged or wrecked in an accident is unable to arrange for removal of such disabled or wrecked Aircraft, the Airpor t Director shall hav e the authority to move, or arrange the removal of, the Aircraft when released (if applicable) by the FAA or the National Transportation Safety Board (NTSB).

14.5 No liability shall be incurred by the SCLAA, SAI, VVEDA, the Airport Director or any of their officers, employees, agents, successors and assigns, for damage aggravated by, or resulting from, removal of an Aircraft pursuant to Section 14.4 of these Rules and Regulations.

SECTION 15. NOISE:

15.1 No Person shall operate any Aircraft in flight or on the ground in such a manner as to cause Unnecessary Noise as determined by applicable Federal or State or local laws and regulations.

SECTION 16. RESTRICTED AREAS:

16.1 Restricted Areas include those areas leased to the Army National Training Center, Advanced Unmanned Systems-Concept Exploration, Southern California Aviation, Victorville Aerospace LLC, Army Reserve, or other area that has direct access to the AOA. No Person shall enter any Restricted Area

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except (a) employees or invitees of the leaseholder, (b) Persons duly authorized by the Airport Director, including, but not limited to, Authorized Persons who have received Personnel Identification Badges, or (c) security or fire-fighting personnel.

16.2 Every Person who has access to a restricted area shall close and lock the door, gate or other device immediately after it has been used unless it is under surveillance of a Person who is responsible for controlling entry at that access point.

16.3 Every Airport Tenant whose premises have total or limited access to any Restricted Areas shall prevent access to the Restricted Areas by Persons who are not authorized to have such access.

16.4 The Airport Director’s staff is authorized to close and lock any door, gate or other device permitting access to a Restricted Area that is found open or unlocked and unattended.

16.5 Every Person to whom a key, code or access device has been issued by the Airport Security Director, or his designated staff, shall use the key, code or access device to enter a Restricted Area only in accordance with any conditions of issuance and only at Restricted Area access points.

16.6 Except where authorized by the Airport Director and subject to any conditions of issuance, no Person shall:

1. Loan or give to another Person a key, code or access device issued to him; or

2. Have possession of, or use for any purpose, a key, code or access device that was issued to him by a Person not
having authority to do so.

SECTION 17. ANIMALS:

17.1 No Person shall willfully and knowingly allow or permit any animal owned, possessed, or harbored by him to enter the Airport unless the animal is leashed or restricted in such manner as to be under control, or is in a shipping container, or is otherwise under physical restraint, nor shall any Person allow or permit such animal except “special assistance animals” (i.e. guide dog) to enter any Airport building without the approval of the Airport Director.

SECTION 18. ACCESS TO RUNWAYS AND TAXIWAYS:

18.1 No Person shall enter upon any Runway or Taxiway, or the movement area as defined by FAA, without the express consent of the Air Traffic Control Tower representative.

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SECTION 19. STARTING ENGINES:

19.1 No Person shall start any Aircraft engine at SCLA:

1. Unless a competent operat or is at the controls;

2. Unless the Aircraft is equipped with adequate brakes fully applied or the wheels are securely blocked with blocks or chocks that can be removed safely (Skid equipped helicopters do not have brakes or chocks);

3. When the Aircraft is in such a position that the propeller slipstream or jet blast can cause damage to, or interfere with the operation of, other Aircraft, Vehicles, mobile equipment, hangars, shops, other buildings, or can cause injury to passengers, spectators, or other personnel; and

4. When the Aircraft is within 50 feet of any building without prior written consent.

SECTION 20. ENGINE RUN-UPS
:

20.1 No Person shall conduct an aircraft engine run-up beyond idle anywhere on the Airport other than in areas designated by the Airport Director (with the exception of helicopters, which routinely operate with engines beyond idle as part of normal operations).

20.2 Persons who want to conduct an engine run-up beyond idle shall first call ATC on the ground control frequency, 124.45 MHz, and request clearance to one of the two engine run-up areas. ATC will advise the Airport User, given the current wind direction, to proceed to one of two designated engine run-up areas.

20.3 ATC will make the final determination of which engine run-up area should be used.

20.4 The Person requesting the engine run-up beyond idle will conduct the engine run-up in the area designated by ATC and he shall exercise the necessary caution to ensure no damage is created by the engine run-up.

SECTION 21. TAXIING:

21.1 Only those personnel that have training and are qualified to taxi a particular type of Aircraft are permitted to taxi Aircraft at SCLA.

21.2 No Person shall taxi any Aircraft into, out of, or within any hangar or other building on or adjacent to the Airport.

21.3 No Person shall taxi any Aircraft acro ss the double yellow lines on the edge of Taxiways and the apron.

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21.4 Nor shall any Person move any Aircraft under its own power on the Airport unless that Person is in full control of such aircraft, and has assured himself that there is no danger of collision wi th other Aircraft, Vehicles, equipment, buildings, or other obstacles. Aircraft shall be taxied at a safe speed.

SECTION 22. DUMPING REFUSE:

22.1 No Person shall place, deposit, or dump any garbage, cans, bottles, papers, ashes, sewage, carcass of any dead animal, offal, trash rubbish, debris or any other refuse in any location on the Airport except in containers designed for such purposes.

SECTION 23. FIREARMS:

23.1 No Person shall shoot any projectile from a firearm or other device, into, on, or across any portion of the Airport, nor have in his possession, or under his control, any firearm which is not unloaded and securely wrapped and boxed for shipment, or explosive or explosive device; provided,

23.2 However, that this Section does not apply to peace officers, military personnel, or Airport security guards who are acting in the performance of their duties as such. Firearms on Airport property are pre-coordinated with ASCs when possible.

SECTION 24. TRAFFIC PATTERN:

24.1 Every Aircraft before landing and after takeoff shall be flown as directed by ATC.

SECTION 25. TAKE-OFFS AND LANDINGS:

25.1 No aeronautical activity shall be conducted at SCLA except in conformance with current Federal Aviation Regulations, State of California law and regulations, and these Rules and Regulations.

25.2 All initial takeoffs shall commence at the end of the Runway unless cleared by the ATC Tower.

25.3 Due to the complex mix of Aircraft that utilize SCLA, there is need to limit those type of aircraft and aerial activities that represent a potential hazard to normal flight operations. The following aircraft and aerial activities are restricted from operating at SCLA except in emergency situations or with prior approval of the Airport Director:

1. Hot Air Balloons;

2. Hang Gliders;

3. Parachutists;

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4. Radio Controlled Aircraft;

5. Ultra Light Aircraft;

6. Gliders; and

7. Motorized Lighter than Air Aircraft.

SECTION 26. AIRCRAFT FUELING AND DEFUELING:

26.1 In accordance with the regulations from the National Fire Protection Association (NFPA), Uniform Fire Code (UFC), and the Department of Transportation (DOT) the following rules and regulations must be observed while fueling aircraft:

26.2 All fuel servicing must be done outside of any building or hangar. (NFPA 407 3-10).

26.3 Aircraft shall be located a minimum of fifty (50) feet away from any building openings, doors, windows, etc.

26.4 During fuel handling, no passenger shall be permitted in or on the Aircraft unless a cabin attendant is stationed at or near the cabin door.

26.5 Fueling shall not be done while an on-board engine is operating (“hot fueling”) without the permission of the Airport Director and then, it shall only be permitted when representatives of the Fire Department are standing by.

Exception is allowed for A.P.U. operation on large aircraft. (NFPA 407 3-5.1)

26.6 Equipment other than Aircraft service equipment shall not be permitted within fifty (50) feet of an Aircraft during fueling or defueling. (NFPA 407 3-

5.1)

26.7 No open flames, smoking, battery chargers, or any material or device which is likely to cause a spark shall be in use within fifty (50) feet of an Aircraft or fueling truck during fueling or defueling operation. (NFPA 407 3-7, 3-8).

Exception is allowed for Ground Power Units.

26.8 All hoses, funnels and appurtenances used in fueling or defueling activities shall be equipped properly with grounding and bonding devices to prevent possible static ignition of volatile liquids or vapors. Such grounding and bonding devices shall be used during all fueling and defueling activities.

26.9 Refueling vehicles, fuel hoses and defueling equipment shall be maintained in a safe, sound, operational and non-leaking condition.

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26.10 Gravity (hand) fueling may not be accomplished with any container having a capacity greater than five (5) US gallons. (NFPA 407 3-2.3)

26.11 All portable fuel containers must be approved and marked so as to identify the product contained therein. (UFC)

26.12 Any fuel transported by privately owned vehicles, not specifically designed for the transport of flammable liquids and appropriately placarded, are limited to a maximum of 20 U.S. gallons in an approved and marked container. (DOT and UFC)

26.13 Portable fuel containers shall be kept in approved locations, at least fifty (50) feet from any building, and secured in a cabinet or locker marked “Flammable.” (UFC)

26.14 Every Person engaged in aircraft fuel handling shall exercise due care to prevent the overflow of tanks and spilling of fuel. Fuel spills are a fuel operator’s responsibility.

26.15 Where there has been a fuel spill or leak, no Person shall start the engine of any Aircraft in close proximity until the spill or leak has been cleaned up. In event such spills or leaks are over 10 ft. in any direction, or over 50 sq. ft. in area, or continues to flow, or are otherwise a hazard to persons or properties, the SCLA Fire Department & Haz-Mat shall be notified.

26.16 In addition, all fuel storage on the Airport shall be regulated by NFPA 407, the UFC, and be approved by the City of Victorville Fire Chief or his designee.

SECTION 27. VEHICLE OPERATIONS:

27.1 No Person shall travel on any portion of the Airport except upon the roads, walks, or places provided for the particular class of traffic, nor occupy the roads or walks in such manner as to hinder or obstruct their proper use.

27.2 Unless escorted by an Authorized Pers on who is authorized to drive on the AOA, no Person shall operate a Vehicle on the Airport wi thout successfully passing the SCLA driving test, being issued a Personnel Identification Badge, and possessing a valid state driver’s license, with the exception of the Airport ARFF, or Law Enforcement.

27.3 No Person shall operate a powered industrial vehicle without a Driving Permit on the Ramps, Taxiways, Runways or designated Roadways. An exception will be made for employees working within the exclusive leaseholders premises as authorized by the Airport Director.

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27.4 Persons who employ Individuals at the Airport shall be responsible to provide training for powered industrial vehicles and equipment, and for maintaining all training materials and records relating to the employee’s duties.

27.5 SCLA requires that employers "certify" that training and evaluations have been completed and maintained in the employee’s files up to 180 days upon separation of employment, and are available for inspection by the FAA, TSA and the Airport Operations and Security Department upon request.

27.6 Motor-vehicle traffic shall yield the right-of-way to Aircraft.

27.7 Every vehicle, excluding ARFF and construction vehicles operating within the Movement Area, shall have a flashing yellow beacon and carry a 2-way radio or be escorted by a vehicle so equipped. Construction vehicles must be identified with an orange and white flag and a 2-way radio or be escorted by an authorized vehicle so equipped.

27.8 Any accident, involving a motor vehicle, which results in a fatality or injury, or in property damage, shall be reported by the driver, or his representative, to the Airport Director.

27.9 No Person shall operate any motor vehicle on the airport in excess of 25 miles per hour except emergency vehicles responding to an emergency situation, or emergency vehicles involved in training or drills with prior ATC coordination. On passenger loading ramps, around parked Aircraft, and in areas immediately adjacent to hangars, speed shall not exceed ten (10) miles per hour.

27.10 Vehicles shall not be parked on the Airport other than in the manner and locations indicated by posted traffic signs and markings.

27.11 Unattended Vehicles may be parked only in designated Airport vehicle parking lots.

27.12 Vehicles parked other than specified in “27.10” and “27.11” above, may be moved by Airport personnel, and in such event a towing charge will be levied prior to releasing the Vehicle from impound. Neither SCLAA, VVEDA, the City, nor any of their respective officers, employees, agents, or designated representatives shall be liable for damages sustained by such Vehicles during said movement.

27.13 Motor vehicles shall not be driven on or across Runways or other portions of the Movement Area without permission from ATC Tower to do so. Two-way radio communications with Ground Control (on frequency 124.45) shall be required between the ATC Tower and such vehicles. Exceptions may be granted during maintenance activities as long as two-way radio

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communications control is maintained with at least one vehicle controlling the activity. ARFF vehicles may contact the ATC tower on the fire net per operational agreement.

27.14 Motor vehicles shall not be driven or parked upon, or within fifty (50) feet of Aircraft parking areas, ramp areas, or aprons without express approval of the Airport Director. Exceptions: aircraft support, airport maintenance, emergency vehicles, or fuel or service vehicles.

27.15 No Person may operate a motor vehicle or Aircraft in or on any portion of the Airport while under the influence of alcohol or drugs.

27.16 No Vehicle shall be operated on the Airport unless the Vehicle has been registered to drive on the Airport with Airport Operations. To register a Vehicle to drive on the Airport requires: a) proof of ownership, b) proof of vehicle registration with the Department of Motor Vehicles for State of California, or the Department of Motor Vehicles for another State; and c) proof of insurance as set forth in Section 37 of these Rules and Regulations.

27.17 Vehicles passing through electronic access perimeter security gates are required to stop just past the gate and wait for the gate to fully close before continuing. Vehicle operators should ensure no unauthorized persons enter the AOA while the gate is closing. Vehicle entry procedure is one vehicle per gate activation unless the vehicles following are under Escort.

SECTION 28. FIRE HAZARDS:

28.1 No Person shall light or smoke any cigarette, cigar, pipe, or similar object in the following Airport areas:
i. Within any hangar, or fuel handling or fuel storage areas; ii. Inside any Aircraft (whether or not such Aircraft are parked or stored) or within fifty (50) feet thereof;
iii. Within fifty (50) feet of any "No Smoking" sign posted; iv. Within any Vehicle operating on the AOA;
v. Within any building on the Airport.

28.2 No Person may use flammable liquids, solv ents, or substances to clean any Aircraft, engine, part, or accessory thereof, within any hangar or building except a building specially designed for that purpose and approved in writing by the Airport Director. Such approval shall only be granted when the Airport Director approves the ventilation provisions, fireproofing, and fire-extinguishing equipment.

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28.3 No Person shall light or use any open flame for any purpose in any hangar or other building on the airport without the prior written consent of the Airport Director and Fire Chief.

28.4 No Person shall operate any welding or cutting equipment (electric or gas) anywhere on the Airport without prior written approval of the Airport Director and the SCLA Fire Department. A welding permit is required and may be obtained at the fire station.

28.5 No Person shall clean or degrease any Aircra ft or part thereof except at or in a maintenance station properly equipped for such purposes, or in a space designated or authorized by the Airport Director.

28.6 No Person shall store or stock any mate rial or substance, or lease or permit such activities in or on the Airport in such a manner, or of such nature, as to constitute a fire hazard. No Person shall keep, store or discard any flammable liquid, gas, signal flare, or other flammable material in any hangar, shop, building, room, enclosure, or other place on the Airport except in areas specially designated by the SCLA Fire Department for such purpose.

28.7 Lessees of hangars, shops, or other Airport areas shall provide suitable metal receptacles with hinged lids for the storage of oily waste, rags, and other similar rubbish. The lessee shall remove all such materials at frequent intervals.

28.8 Every lessee shall maintain his leased area clean and reasonably free of oil, grease, waste, other flammable materials and weeds.

28.9 Lessees shall provide, and maintain in proper working order, adequate and readily accessible fire extinguishers. Ea ch such extinguisher shall bear a suitable tag, which indicates the most recent date of inspection or servicing.

SCLA Fire Department shall approve all extinguishers, their type, and location.

28.10 No Person shall move, relocate, or otherwise disturb any wheeled fire extinguisher on the Airport without t he permission of the SCLA Fire Department unless specifically for emergency use.

28.11 All fires on the Airport, regardless of size, even if extinguished, shall be immediately reported to the SCLA Fire Department without delay.

SECTION 29. FUEL SALES:

29.1 No Person shall deliver aviation fuels or lubricants to, or dispense such fuel from, at, or upon the Airport without a lease or permit from the Airport Director.

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29.2 For the right, privilege and concession of making deliveries of all types of aviation fuels and lubricants, and other fuels, to any Person or location at or upon the Airport, other than to a central fuel person or location at or upon the Airport, other than to a central fuel service stand provided by the Airport, there is levied against such lease or permit holder, a flowage fee of ten cents (.10) for each gallon of fuel so delivered.

29.3 No fuel shall be stored anywhere on the Airport except approved by the Airport Director and the SCLA Fire Department.

SECTION 30. SECURITY:

30.1 Though not required, SCLA operates under the guidelines established by FAR Part 139 “CERTIFICATION AND OPERATIONS SERVING CERTAIN AIRCRAFT OPERATORS.” To this end, SCLA has prepared and implemented a security program that parallels the requirements contained in TSA 1542. This program includes the following elements: Personnel Identification Badging, controlled access to the Air Operations Area (AOA), driver licensing for personnel operating on the AOA, Vehicle registration, and perimeter security. All personnel operating at SCLA are required to abide by the SCLA Airport Master Security Program.

30.2 Personnel Identification Badges. Only those Individuals that have a need to be on the AOA will be issued a Personnel Identification Badge and granted unescorted access to the AOA and Restricted Areas. Individuals that require access must apply for a Personnel Identification Badge at the Airport Operations and Security Department. Lost or stolen Personnel Identification Badges must be reported to the Airport Operations and Security Department immediately. The application process includes:

1. A ten-year employment/education or unemployment history verification check, with five years verified by the Individual’s former employer(s), and

2. A CHRC, which is information gathered from the Federal Bureau of Investigation, provided to SCLAA after submitting a Live Scan Fingerprint to the Transportation Clearing House.

30.3 Fingerprints are collected by the Airport Security Coordinator, or his designated representative, at the expense of the Individual’s employer.

30.4 A Fingerprint-based Criminal History Records Check as described in TSA 1542.209 is required before authorized unescorted access to the Airport is granted. The results of the CHRC will be among the determining factors as to whether the issuance of a Personnel Identification Badge is granted.

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30.5 Identification for Authorized Persons contains the Individual’s photograph, name, company name, expiration date, identification number and color blocks that indicate authorized access areas granted to the badge holder.

30.6 Individuals who have a need to be within the Airport Operations Area (AOA) are required to attend an Airport Familiarization and Security Identification Display Area (SIDA) class and will be required to display a Personnel Identification Badge while operating in such areas.

30.7 The Airport Badging Office issues Non-Driving I dentification Badge and Identification Badges with Driving Permit, upon completion of a SIDA Class and AOA Drivers Training and satisfactory score upon completion of a written test. Driving permits will be determined and issued in accordance with the applicant’s job related duties on the airport.

30.8 The Airport Security Coordinator will confirm or deny an applicant’s request for a badge based on verification of the CHRC and the
employment/education or unemployment history verification check, with five years verified by the employer, and the need of the applicant to access the AOA. If a Personnel Identification Badge is warranted, the Airport Security Coordinator, or his designated representative, will issue the Badge.

30.9 All Personnel Identification Badges issued by the Airport Operations and Security Department are the property of Southern California Logistics Airport Authority and MUST be returned upon expiration, separation of employment (for any reason), when the job function no longer requires Personnel Identification Badge, and upon demand of staff from the Southern California Logistics Airport. Any misuse or willful failure to return a Personnel Identification Badge is punishable by fine as dictated in the Airport Rules and Regulations. Personnel Identification Badges are non- transferable and must be used only by the Individual to whom they are issued.

30.10 No Individual shall enter the AOA of the Airport without a Personnel Identification Badge unless the Individual is accompanied by an Authorized Person with a Personnel Identification Badge who shall be fully responsible for the unbadged person being escorted. Fire department personnel responding to an emergency wearing uniforms or other identifying clothing, shall not be required to wear an identification badge.

30.11 No Authorized Person shall Escort any Individual who is not in the performance of job-related duties and who requests access to the Airport as a visitor without the consent and approval of the Airport Director. Person(s) denied access to the Airport by Airport security officers, must abide by the decision of the security officers under the direction of this rule. Visitor Escort must be conducted during normal business hours of the Airport

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Operations and Security Department, unless prior approval of the Airport Director has been established

30.12 Authorized Persons shall always prominently display their Personnel Identification Badge while on the AOA. Failure to prominently display an issued Personnel Identification Badge while on the AOA shall constitute a violation for which a fine shall be assessed as set forth in Section 43,

PENALTIES AND APPEALS
.

30.13 Individuals who do not display a Personnel Identification Badge, and who are not under Escort by an Authorized Person displaying a Personnel Identification Badge, shall immediately be reported to the Airport Director and shall be escorted off the AOA by the Airport Director or his staff.

30.14 Authorized Persons who have been issued a Personnel Identification Badge and are involved in an accident while operating on the AOA will be asked to submit to a drug-screening test. Authorized Persons who refuse to submit to the drug-screening test will be considered as having failed the test and the Authorized Person will be considered to be under the influence of drugs or alcohol.

30.15 Controlled Access to the AOA
. Any Airport Tenant that has direct access to
the AOA, should, because of their immediacy of access, be considered part of the AOA. These Airport Tenants shall therefore take measures to protect access to the AOA. As required by TSA 1542.113 Airport Tenant Security Programs, the Airport Tenant must assume responsibility for specified security measures of the Secure Area, AOA, or SIDA. Airport Tenants are encouraged to develop individual security programs designed to meet the needs of their particular businesses. In all cases such security programs must be approved
in writing by the Airport Director.

30.16 While on the AOA, customers and clients of the Airport or Airport Tenants must be under Escort at all times. Failure to provide an Escort may constitute the issuance of a Notice of Violation that could result in sanctions.

See Section 43, PENALTIES AND VIOLATIONS
for a discussion on the
scope of fines/penalties associated with violations of the Airport Security Program.

30.17 The Airport Operations and Security Department administers the licensing program for drivers on the AOA. This program involves a study element that describes the procedures for driving on the AOA at SCLA. A written test will be administered and all applicants must pass the test in order to receive a license to drive on the AOA.

30.18 Vehicle Registration for driving on the AOA. All Vehicles that operate on the AOA must be registered with the Airport Operations and Security

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Department. All Vehicles that operate on the AOA will be issued a Radio Call Sign that must be utilized while on the AOA. Airport Standard Operating Procedure No. 200-01 describes the Radio Call Sign Procedure.

30.19 Perimeter Security
. The Airport is surrounded by an eight-foot (8’) high chain link fence. Barbed wire is placed atop this fence. There are numerous locked gates that access the Airport perimeter. Airport Tenants that are situated on the immediate perimeter of the AOA must employ secured personnel doors.

30.20 All Persons that operate on the Airport are charged with the responsibility of maintaining the security of the Airport. To this end, Persons who observe breeches in security are to call said incidents to the attention of the Airport Operations and Security Department.

30.21 A Person’s responsibility under Section 30.20 includes breeches to the procedural elements of the Airport Security Program, as well as the physical elements of the Airport Security Program (perimeter fence, vehicle gates, etc.).

30.22 The issuance under this Section of either (i) a Personnel Identification Badge, or (ii) a Personnel Identification Badge with Driving Permit to drive on the AOA, shall be conditioned upon the express consent of the Individual to whom the badge is issued, to a drug and alcohol screening in the event that such Individual is involved in an accident while on Airport property.

30.23 In the event that an Individual to whom a Personnel Identification Badge or Personnel Identification Badge with Driving Permit has been issued (a) tests positive for the use of a controlled substance not prescribed by a physician or has a blood alcohol content equal to or in excess of .08, or (b) refuses to consent to a drug and alcohol screening, then such Individual’s Personnel Identification Badge and/or Driving Permit shall be revoked by the Airport Director.

30.24 A Personnel Identification Badge and/or Driving Permit which has been revoked under Section 30.23 of these Rules and Regulations will remain revoked until the Individual’s employer petitions the Airport Director in writing, to have said Individual’s Personnel Identification Badge and/or Driving Permit reinstated.

30.25 Reinstatement of a Personnel Identification Badge and/or Driving Permit which has been revoked under Section 30.23 of these Rules and Regulations remains the prerogative of the Airport Director; however, reinstatement will not be unreasonably withheld.

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30.26 Reinstatement of a Personnel Identification Badge and/or Driving Permit which has been revoked under Section 30.23 of these Rules and Regulations will depend on, as a minimum, the employer’s verification of a negative drug test as part of a return to duty test. Any Individual who has verified positive drug test results on two drug tests will not be permitted to thereafter work or drive on the AOA, regardless of whether such Individual is accompanied by an Individual properly in possession of a Personnel Identification Badge and/or Permit.

SECTION 31. AIRPORT SECURITY AREAS:

31.1 Unauthorized Entry and Exit : No Person shall seek entry to or exit from Airport Security Areas except through designated entrances and exits. No Individual shall seek entry to or exit from Airport Security Areas over, under or through fencing, walls, window, air or other vents.

31.2 Only Authorized Persons, or those Individuals under Escort, shall have access by any means to Airport Security Areas.

31.3 A Person performing an Escort must, at all times, be in a position to actively monitor, direct and control the movements and actions of the accompanied Individual(s).

31.4 No Individual shall enter/exit or allow another Individual to enter/exit into Airport Security Areas except by using his Personnel Identification Badge.

No Individual shall follow another Individual into an Airport Security Area without first using his or her Personnel Identification Badge through any electronic access installed at the entry/exit point. This provision does not apply to an Individual under Escort

31.5 No Individual shall drive a Vehicle into Airport Security Areas unless the Individual has used his or her Personnel Identification Badge to open any electronic access installed at the entry point. No Individual shall allow other Vehicles to follow or tailgate in Airport Security Areas. This provision does not apply to Vehicles under Escort.

31.6 No Person shall tamper with or in any way hamper the effective operation of Security Devices.

31.7 Security of Access Points
: No Person shall leave open, propped or
unsecured any door, gate or access point leading to or allowing access to Airport Security areas. No Person shall hold, prop or cause a door, gate or access point to be open beyond the period of time allowed by a Security Device unless an Authorized Person attends the door. When an Authorized Person is attending a security door, he or she must be physically present at the door and must use his or her Personnel Identification Badge to activate additional time for the door to be open.

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SECTION 32. R ESPONSIBILITY OF AIRPORT TENANTS:

32.1 Adherence to the Security Rules and Regulations : Airport Tenants with access to Airport Security Areas on their leased area shall follow these Rules and Regulations by posting signs, approved by the SCLAA, which prohibit access into the Airport Security Areas. Airport Tenants with access to Airport Security Areas shall at all times keep the access secured or staffed in a manner that prevents unauthorized Individuals from accessing Airport Security Areas. Airport Tenants shall retain keys or other means of access to Airport Security Areas under their control and issue such access only to Authorized Persons.

32.2 Airport Tenants with access to Airport Security Areas shall appoint at least one employee of the Airport Tenant as the security contact primarily responsible for the Airport Tenant’s leased area which access Airport Security Areas. Airport Tenants shall advise the Airport Security Coordinator in writing of the Individual or Individuals at all times having such responsibility.

32.3 Airport Tenants must provide a quarterly employee roster to the Airport Operations and Security Department in the months of January, April, July and October, and immediately notify the Airport Operations and Security Department of employee separation.

32.4 Airport Tenants must immediately confiscate Personnel Identification Badges, with or without access media, as well as any keys that would allow access to the Airport, from Individuals upon separation of employment. Any misuse or willful failure to return a Personnel Identification Badge is punishable by fine as dictated in these Rules and Regulations.

SECTION 33. OTHER PROHIBITED ACTS:

33.1 Bypassing Security Screening Area : No Individual shall enter a Sterile Area through a Security Screening Area unless first going through equipment that has been installed for inspection of Individuals and their belongings. Armed federal and local law enforcement officers on official duties at the Airport, airport operations and maintenance personnel, and others exempted by the FAA do not have to be inspected, provided they follow FAA and TSA regulations.

33.2 Statements Against Aviation Safety or Security
: No Person shall make a
statement to another so as to indicate that the Person or another may have possession of a firearm, bomb or explosive device while at the Airport.

33.3 Interference with Airport Personnel : No Person shall intimidate, threaten, hinder or obstruct Airport Personnel or Airport Security Officers in the performance of his or her official job duties or lessen the ability of such person to perform his or her duties.

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33.4 Interference with Flight Operations : No Person shall intimidate, threaten, hinder or obstruct an aircraft crewmember in the performance of his or her official job duties or lessen the ab ility of such aircraft crewmember to perform his or her duties.

33.5 Unattended Baggage
: No Person shall leave any bag, luggage, box or
container unattended in the terminal areas of the Airport, which are accessible to the public.

33.6 Presenting a Weapon at Security Screening Area
: No Person shall place
firearm(s), explosive device(s), knife/knives or other FAA/TSA prohibited items that could be used as a weapon onto inspection equipment at a Security Screening Area without first declaring such item(s). Only Persons authorized by the TSA may test Security Screening Areas.

SECTION 34. ENFORCEMENT:

34.1 Notices of Violation : The Airport Operations and Security Department will conduct inspections and enforce violations of these Rules and Regulations, Minimum Standards, and any permits issued hereunder regarding activities at the Airport. All Personnel Identification Badge holders and persons with access cards will be subject to a Notice of Violation (NOV) when reasonable grounds exist to believe that Rules and Regulations, Minimum Standards or a permit have been violated, either by commission or omission.

34.2 NOV’s will be monitored and issued by Airport Operations and Security Department personnel or by recommendation from an Authorized Person of Authority. A copy of the NOV will be given to the Personnel Identification Badge holder, or the Person(s) observed committing the violation(s).

34.3 The NOV may serve as a notice only or may include a penalty ranging from suspension to revocation. Any violation of a severe nature as determined by the Airport Director will warrant immediate suspension or revocation of the Personnel Identification Badge. Severe violations include, but are not limited to, any violation that may result in property damage, injury, runway incursions, or other safety hazards, or that threatens the environment or public welfare.

34.4 The receipt of three (3) NOVs, which have not been appealed or that have been upheld upon appeal, within a twenty-four (24) month period will be considered grounds for revocation of the Personnel Identification Badge.

34.5 When an NOV or sanction is issued, a letter indicating as such will be sent to the Individual’s employer, advising the employer of the violation.

34.6 Upon written request, the Airport Security Coordinator may review and recommend modification of the NOV.

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SECTION 35. SUSPENSIONS:

An Individual’s authorization to use a Personnel Identification Badge may be suspended for any of the following reasons:

1. Violation of these Rule and Regulations.

2. Violation of any rule or regulation of SCLAA for which a criminal penalty may be imposed.

3. Violation while on Airport property of any law of the State of California or the United States for which a criminal penalty may be imposed.

4. Actions which interfere with or threaten the operation of the Airport, or the comfort, safety or convenience of passengers, Authorized Person’s employed by the City of Victorville, or otherwise constitute just cause for suspension.

35.2 The Airport Director or an Airport Security Coordinator shall issue written notice of the Suspension, which shall state the nature and date of the violation, the length of Suspension, and the date the Suspension shall begin and the Individual’s right to have a hearing pursuant to the provisions of Section 43 of these Rules and Regulations. The suspension may be for up to ninety (90) days as determined by the Airport Director or the Airport Security Coordinator.

SECTION 36. REVOCATION:

36.1 An Individual’s authorization to use a Personnel Identification Badge may be revoked for any of the following reasons:

1. Any act that seriously endangers property or Persons or indicates willful or reckless disregard for, and which has an immediate impact on the health, safety or welfare of the public or poses a serious threat to the security of the Airport.

2. A violation warranting Suspension where the Individual has had a previous suspension for the same or similar offense.

36.2 The Airport Director or Airport Security Coordinator shall issue a written notice of Revocation, which shall state the nature and date of violation, the date and Revocation shall begin, and the Individual’s right to a hearing pursuant to the provisions of Section 43 of these Rules and Regulations.

SECTION 37. LIABILITY INSURANCE:

37.1 Every Airport User shall carry insurance as required by their lease, sublease or permit to operate on Southern California Logistics Airport and as required

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by State and Federal regulations. Any person operating a vehicle within the fenced area of the Airport, who does not have a lease, sublease, or Operating Permit, is required to have comprehensive automobile insurance with combined single limits for bodily injury and property damage of not less than $1,000,000.

37.2 Airport Users shall provide Certificates of Insurance naming VVEDA, SCLA and Stirling Airports International as Additional Insured’s with respect to their lease, sublease or permit. These Certificates of Insurance shall also provide for a 30-day Notice of Cancellation for those policies listed on the Certificate of Insurance.

37.3 The Airport User shall formally advise its Insurers that all Vehicles in use with or without valid Airside Vehicle Permits are intended to be operated on that portion of the Southern California Logistics Airport premises known as Airside, and should those Insurers exclude, limit, or otherwise restrict coverage while the Vehicle is on Airside, the Occupant shall obtain and keep in full force and effect at all times, a policy of Aviation Liability insurance covering both license-plated and unlicensed plated Vehicles while on Airside
SECTION 38. ILLEGAL ACTIVITIES:

No Person shall:

38.1 Take or use any Aircraft, aircraft parts, instruments, or tools pertaining thereto, which are owned, controlled, or operated by any other Person, while such Aircraft, parts, instruments, or tools are stored or otherwise left on SCLA, or within its hangars, building, or facilities , without the written consent of the owner/operator thereof, except upon satisfactory evidence of the right to do so duly presented to the Airport Director, or authorized by him or so ordered by a court of competent jurisdiction.

38.2 Land, takeoff, taxi, or otherwise operate any Aircraft on, at, or from SCLA when he knows such Aircraft is not operating properly, or is equipped with any part or safety device which is defective or unsafe. Deviations from this restriction shall only be permitted by specific authorization from the Airport Director and/or FAA if required, or his designated representative.

38.3 Operate any Aircraft on or at the Airport, or on any Runway thereof, when the Airport or Runway has been closed to traffic by the Airport Director or other legal authority, or when such closure has been indicated by the placement of an "X" at each end of the closed Runway.

38.4 Operate any aircraft on, at, or in the vicinity of SCLA in willful or wanton disregard for the safety of persons or property, whether his own or that of others.

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38.5 Engage in the performance of any aerobatics, stunt, or maneuver not necessary to a normal takeoff, landing, normal turn or level flight of the Aircraft, over or within one mile of the exterior boundaries of the airport without the permission of the Airport Director or ATC.

38.6 Engage in the sale of any goods, wares, merchandize, or services at or upon the Airport without first having secured from the Airport Director a lease or permit therefore, and paying any required fees for such lease or permit.

38.7 Board an aircraft at the Airport without the prior approval of the Aircraft’s owner or representative.

SECTION 39. AIRPORT CLOSURE:

39.1 The Airport Director is hereby directed and authorized to close the Airport, or portions thereof, or suspend operations related to the landing, takeoff, or taxiing of Aircraft during any period in which he determines that such operations, or their continuance, would be hazardous.

39.2 Causes for such closure could include, but would not be limited to, adverse weather conditions, runway maintenance or repairs, runway obstacles, fire, Aircraft or other accident.

39.3 The Airport Director or his designee shall immediately notify the Riverside Flight Service Station and issue a NOTAM, advising of the closure.

SECTION 40. THRU-THE-FENCE ACTIVITIES
:

40.1 Thru-the-fence activities, defined as accessing the Airport from private land outside the airport perimeter for the purpose of utilizing or otherwise benefiting from the Airport, are strictly prohibited.

SECTION 41. SEVERABILITY:

41.1 Should any article, section, sub-section, sentence, clause or phrase of these Rules and Regulations be held invalid or unconstitutional for any reason, such decision shall not affect the remaining portion of these Rules and Regulations.

41.2 The SCLA Authority hereby declares that it would have adopted these Rules and Regulations and each article, section, sub-section, sentence, clause or phrase, regardless of the fact that any one or more articles, sections, sub- sections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 42. DISMANTLING AIRCRAFT:

42.1 No Person shall dismantle an Aircraft of any type outside of a hangar unless they receive prior written approval from the Airport Director. Any Person permitted to dismantle an aircraft outside of a hangar must:

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42.2 Submit a written request to the Airport Director describing the type of aircraft to be dismantled, the dismantling procedures to be employed, the procedures for disposing of all dismantled material, toxic material clean up and abatement procedures, and the schedule for dismantling an aircraft.

42.3 Conduct all aircraft dismantling within a fenced in area to prevent visual contact with the dismantling activity.

42.4 Return the area used for dismantling to its original condition as approved by the Airport Director in his/her sole discretion.

42.5 Procure a performance bond to ensure any contamination, remediation of contamination and the dismantling area is returned to its original state. The amount of the bond will depend upon the pr ocedures set forth in the request and the potential exposure and land clean-up cost to the Airport.

42.6 Receive the prior approval of the SCLA Fire Department.

42.7 Adhere to all City of Victorville, State and Federal environmental regulations.

42.8 Upon receipt of the information set forth in 42.1 through 42.7 above, the availability of land to conduct dismantling and other airport operating requirements and/or constraints, the Airport Director will either approve the Aircraft dismantling request by issu ing a written Letter of Permit with appropriate indemnities and airport protection provisions to the requesting person or business or deny the request by providing a Letter of Denial to the requestor.

SECTION 43. PENALTIES AND APPEALS:

43.1 Fixing penalties for violations: Any Airport User including, without limitation, sublessees, suppliers, contractors, guests, invitees, or others that do not adhere to or violates these Rules and Regulations shall be sanctioned.

43.2 Sanctions may include, but are not limited to, a fine paid to the Airport, denial of the use of the Airport for a specified period of time, and/or a referral to the Transportation Security Administration and/or Airport Authority Attorney with a recommendation for criminal prosecution.

43.3 In determining the sanctions to be imposed, the Airport Director may take into consideration any mitigating or aggravating factors that may exist including, without limitation, the number of previous violations and the cooperation of the person involved.

43.4 Fines shall be assessed from $ 100.00 to $10,000.00 per day per incident depending on the severity of the violation.

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43.5 Should an infraction occur, and should the infraction and situation surrounding the infraction warrant, fines will be assessed on a graduated/increasing basis.

43.6 All fines assessed to a sublessee, or to a sublessee’s suppliers, contractors, guests, invitees, or others, will be added to a Sublessee’s monthly rent and subjected to late fees and default provisions as set forth in a Sublessee’s land or facility Sublease.

43.7 Fines assessed to Airport Users who do not have a land or facility Sublease at SCLA, shall be paid before the Airport Us er is permitted to use the Airport again.

43.8 Continuous violation of these Rules and Regulations shall result in denial to use the Airport. Attachment B provid es an example of fines as may be applied.

43.9 Removal from Airport Premises
: The Airport Director, or his designated
representative, may order removal of anyone from the Airport who knowingly and willfully violates any provision of these Rules and Regulations.

43.10 Recourse under Tenant’s Lease : SCLAA may take action against Airport Tenants under their lease agreements irrespective of any other penalties under these Rules and Regulations.

43.11 RIGHTS OF APPEAL
: Fines and other sanctions may be appealed to the
Executive Director. Requests for appeal must be made in writing to the Executive Director within ten (10) busi ness days from the date the fine was presented to the Airport User.

43.12 The Executive Director (or his designated representative) will convene an administrative hearing and shall serve as the hearing officer (the “Hearing Officer”). Failure of any Airport User to properly file an appeal shall constitute a waiver of its right to an administrative hearing and adjudication of the fine or any portion of the total amount of the fine.

43.13 The Airport User or other Person in receipt of the fine or sanction shall be provided a written notice of the date, time, and location of the hearing. The notice will include the date, time and nature of the alleged violation.

43.14 The hearing shall be conducted in an informal manner and strict rules of evidentiary procedure will not apply. The Hearing Officer may consider any evidence that is reasonably probative and aids in the determination of the facts.

43.15 Parties are entitled to be represented by an attorney of their choice, to bring witnesses, and present documentary evidence. Parties have the right to have

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all records or documents relevant to the proceedings provided to them at the cost of reproduction.

43.16 At the conclusion of the appeal hearing, and pursuant to the Hearing Officer’s authority, the Airport Director’s imposition of sanctions may be upheld, modified or reversed. Parties will be provided with the results of the hearing in writing, including any penalties imposed by the Hearing Officer. The decision of the Hearing Officer is final.

SECTION 44. EFFECTIVE DATE

44.1 These changes contained in the Southern California Logistics Airport Rules and regulations shall be of full force a nd effective immediately upon filing of same with proof of publication with ap proval of the Southern California Logistics Airport Authority.
____________________________
Peter R. Soderquist
Airport Director

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Attachment A

SOUTHERN CALIFORNIA LOGISTICS AIRPORT
Airport Rates and Charges
Introduction / Guiding Principles:

A.1 In establishing a Schedule of Air port Rates and Charges, the Southern California Logistics Airport Authority (the “Airport Authority”) is required by federal regulations to ensure that charges are fair, reasonable and non- discriminatory. Further, Airport Rates and Charges are to be reasonably consistent with the rates and charges being applied by other airports for similar types of activities, unless ther e is a special situation unique to the Southern California Logistics Airport.

A.2 The Airport Authority fully recognizes the FAA prohibition against the diversion of Airport revenues for non-airport purposes. It is recognized that failure to collect fair and reasonable fees and market-based rents for the use of Airport property, facilities and equipment can be considered a form of Revenue Diversion. The Authority also recognizes the FAA requirement to establish a Schedule of Rates and Charges that will permit the Airport to be as self- sustaining as possible.

Airport User Fees Defined:

A.3 Aircraft Landing Fees: The Southern California Logistics Airport Authority (SCLA) has expended a significant amount of funds to provide aviation facilities for the benefit of aircraft owners and operators. Landing fees are assessed to help offset the cost of operating and maintaining the Airport’s runway, taxiway, and aircraft parking ramp areas. Landing fees are based upon the Certified Maximum Gross Landing Weight (MGLW) of the aircraft multiplied by the Airport Authority’s established landing fee rate per 1,000 pounds of Certified Maximum Gross Landing Weight.

A.4 Commercial Aircraft: The Airport Authority assesses a landing fee on each aircraft landing conducted by an airline or other commercial Air Carrier, operating under FAR Part 121 (airline), Part 129 (international airline), Part 135 (air taxi), or other similar regulation, regardless of the purpose of the landing.

A.5 Signatory Landing Fees: Signatory landing fees are assessed to an airline, or other large (over 75,000 lbs MGLW) commercial aircraft operator having a Signatory Operating Agreement with SCLA. To be eligible for Signatory Operating Agreement status, the operator must have one or more of the following:

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i. A lease with the Airport Authority of a ground site having at least 10,000 square feet or more that is used to accommodate the organization’s primary base of
business on Airport property.
ii. A lease with the Airport Authority, or an approved sublease, of a building, or part of a building totaling at least 4,000 square feet that is used as the
organization’s primary base of operations on the
Airport.
iii. Commercial Airlines operating under the military
Civilian Reserve Air Force (CRAF) program.

A.6 Non-Signatory Landing Fees: Non-signatory Landing Fees are assessed at a rate of 125% of the Signatory Landing Fee rate for large commercial operators (over 75,000 lbs MGLW) using the Airport who do not have Signatory Operating Agreement status with the Airport Authority, or have an agreement, but do not meet any of the Signatory eligibility criteria specified in paragraph 2 above. The Non-Signatory Landing Fee is intended to compensate the Airport Authority for the operator’s use of the Airport’s runway and taxiway areas as well as compensation for the privilege of being able to access the airport to conduct business.

A.7 Private Aircraft: The Airport Authority assesses a landing fee on each aircraft landing conducted by large private operators (over 75,000 lbs MGLW) operating under FAR Part 91, or other similar regulation, regardless of the purpose of the landing. Landing fees for private aircraft that are operated under FAR Part 91 and are based at the airport under conditions set forth in a long term agreement with the Authority will be charged landing fees as required by that agreement.

Aircraft Parking Fees:

A8. Signatory Aircraft Parking Fees: Ai rcraft having Signatory status as defined in A.1 above, are not required to pay parking fees during the time an aircraft is in the loading/ unloading process (24 hour maximum). Signatory Aircraft are also exempt from aircraft parking fees on the weekend, and over national holidays, as long as the weekend/holiday parking occurs in the middle of the loading/unloading process. Signatory Aircraft that are not in the unloading/loading process, and/or use aircraft parking areas in excess of the 24-hour maximum, are required to pay established aircraft parking fees.

A9. Non-Signatory Aircraft: Non-signatory aircraft are required to pay established aircraft parking fees.

SOUTHERN CALIFORNIA LOGISTICS AIRPORT RULES AND REGULATIONS Pg.34 of 38
A10. Private Aircraft: All private aircraft (both heavy and light) are required to pay aircraft parking fees. Aircraft that are based at the airport under conditions set forth in a long term agreement with the Authority will be charged parking fees as required by that agreement.

A.11 Aircraft Storage Fees: Aircraft storage fees are charged to aircraft that are stored on areas other than the main parking apron. Fees are payable under one of three different categories: under 50,000 lbs MGTW, narrow body aircraft, and wide body aircraft. Remote aircraft storage is occasioned by the many acres of closed runways and taxiways that make a suitable “hard stand” for aircraft parking. The availability of these areas is directly related to the longevity of these surfaces. As these surfaces fail to be usable for aircraft parking, they will be removed from the inventory of remote parking.

The Airport Authority makes no representation that it will maintain these surfaces and those businesses that store aircraft thereon do so at their own risk.

A.12 Fuel Flowage Fees: A substantial percentage of the fuel dispensed at SCLA is “pre-purchased” by large aircraft operators that enjoy discounts based on the large volumes of fuel these carriers purchase nationally. This pre- purchased fuel is stored in SCLA’s fuel farm to which SCLA assesses a storage fee . SCLA also assesses a flowage fee on each gallon of fuel delivered from the fuel farm to the aircraft.

A.13 Fuel flowage and fuel storage fees reflect the intent of the Airport Authority to generate reasonable revenues for the use of the airport’s fuel storage facility, while at the same time, encouraging aircraft operators to use SCLA as a base of operations.

A.14 All fuel sold at SCLA is subject to the described fuel flowage fees with following exceptions:

1. Non-Signatory Air Cargo Operators: Commercial Air Cargo Operators that are considered Non-Signatory as defined in Section A.1 above and pre-purchase fuel that is stored in the Airport’s fuel farm for use in their aircraft, shall pay flowage fees and storage fees.

2. Signatory Cargo Operators: Commercial Air Cargo Operators that meet the requirements of Signatory status as defined in Section A.1 above and pre-purchase fuel that is stored in the Airport’s fuel farm for use in their aircraft shall pay the appropriate storage fee.

3. Non-Commercial Signatory: Based operators (signatory) that are non-commercial (Part 91) will pay the appropriate storage fee and a modified flowage fee as provided in the operators lease agreement.

SOUTHERN CALIFORNIA LOGISTICS AIRPORT RULES AND REGULATIONS Pg.35 of 38
Southern California Logistics Airport
Schedule of Rates and Charges
Landing Fees:

Signatory airline (over 75,000 lbs MGLW) $ .85 per 1,000 pounds MGLW Non-signatory airline (over 75,000 lbs MGLW) $1.06 per 1,000 pounds MGLW Private aircraft (over 75,000 lbs MGLW) $ .85 per 1,000 pounds MGLW Fueling Fees
:
(Flowage fee -$ .08 per gal; Storage fee -$ .02 per gallon) Aircraft Parking Fees: (commercial aircraft)
Signatory airline $200.00 per day
Non-signatory airline $200.00 per day
Transient Aircraft Tie down Fees: (general aviation aircraft; main ramp) Single engine . . . . . . . . . .. . .. . . . . . . $ 5.00 per day $ 80.00 per month Multi engine . . . . . . . . . . . . . . . . . . . . . $ 10.00 per day $120.00 per month Mid-weight aircraft (12.5K lbs to 25K lbs) $ 20.00 per day $200.00 per month Large aircraft (25Klbs to 100K lbs) $ 30.00 per day $300.00 per month Narrow body . . . . . . . . . . . . . . . . . . . . .$100.00 per day $1,000.00 per month Wide body . . . . . . . . . . . . . . . . . . . . . . . $200.00 per day $2,000.00 per month Wash Rack:

Any aircraft……………………………….........$ 40.00 per hour $240.00 per day Live Scan Fingerprint Transmission Fee Per Applicant for Criminal History Records Check:

Call Airport Operations at (760) 243-1915 for Fingerprint transmission fees.

Personnel Identification Badge
Personnel Identification Badge with or without access card……….…...$ 10.00 Lost Personnel Identification Badge …………………………………….$ 100.00 (Fees are subject to change)

SOUTHERN CALIFORNIA LOGISTICS AIRPORT RULES AND REGULATIONS Pg.36 of 38
Notes:

Parking charges for Signatory Airlines do not apply for the first 24 hours, weekends, or holidays. Transient aircraft tie down fees apply to aircraft remaining overnight. Transient aircraft remaining parked longer than overnight Military aircraft are exempt from paying landing, parking and storage fees.

Definitions
:

Signatory –
Having a lease or sublease of a ground site or building space on the Airport in accordance with the Airport Authority’s Rates and Charges Policy; or, an airline having a contractual airline operating arrangement with an organization that has such a lease on airport property.

Non-signatory
–
Those operators who do not have an On-Airport Lease Agreement with the Airport Authority in accordance with the Rates & Charges Policy.

MGLW
– Maximum (certificated) Gross Landing Weight
MGTW – Maximum (certificated) Gross Takeoff Weight
Narrow body aircraft - i.e. B-727; B-737; DC-9; MD-80
Wide body aircraft - i.e. B747; B-777; DC-10; MD-11

SOUTHERN CALIFORNIA LOGISTICS AIRPORT RULES AND REGULATIONS Pg.37 of 38
Attachment B
SCLA

SCHEDULE OF FINES
B.1 In most situations, a sanction or fine will be levied upon the employer of the Individual involved in the infraction. All sanctions or fines assessed will be added to the employer’s basic monthly rent and subjected to late fees and default provisions as set forth in an Airport Tenant’s land or facility sublease.

Fines assessed to Airport Users who do not have a land or facility Sublease at SCLA, shall be paid before the Airport Us er is permitted to use the Airport again. Continuous violation of these Rules and Regulations shall result in denial to use the Airport.

B.2 The following schedule should be regarded as a suggested schedule of fines. The Airport Director has the sole discretion and authority to levy fines, their amount and final disposition.

B.3 For minor infractions related to vehicle operations on the AOA such as:

Speeding on the AOA. $100.00
Operating a vehicle on the AOA without:

Airport Issued I’D Badge or drivers permit, appropriate markings or two-way radio communication with ATCT. $100.00 Runway incursion. $500.00
Taxiway incursion. $300.00
For negligence resulting in, and failure to correct, FOD $100.00 B.4 For breeches in security such as:

1. Leaving a perimeter gate unattended. $100.00

2. Failure to accompany non-badged person on the AOA. $100.00

3. Sharing a security code or vehicle gate card. $300.00

4. Bypassing Security. $300.00

5. Sharing a Personnel Identification Badge. $300.00

6. Losing a Personnel Identification Badge. $100.00
B.5 For miscellaneous infractions of the Rules and Regulations such as:

1. Smoking in a non-approved area. $100.00

2. Parking or storing aircraft in non-approved areas. $100.00

3. Performing aircraft maintenance in unauthorized areas. $100.00

4. Knowingly allow an unsafe condition to exist. $300.00

5. Bringing an unauthorized vehicle on the airport. $100.00 B.6 A Federal Aviation Administration (FAA) or Transportation Security Administration (TSA) fine levied at the SCLA may be directly forwarded to a tenant if such tenant action is cause for the FAA/TSA penalty

SOUTHERN CALIFORNIA LOGISTICS AIRPORT RULES AND REGULATIONS Pg.38 of 38
A second violation of the above listed offenses will result in the doubling of the applicable fine. A third offense will result in the tripling of the applicable fine and a suspension of privileges until corrective actions are taken and documented.

SCLAA Standard Lease Page 25 Adonai Building 652 & Yard Space

EXHIBIT C

USE AND CONDITION OF LEASED PREMISES

The use of the Leased Premises shall include the storing of operating equipment that is incidental to Lessee’s machine and fabrication operation. Work conducted on the Leased Premises shall be that type of work that is typical of machine and fabrication operations.

This should include the fabrication and repair of metal parts, industrial repair and machining, storage and the assembly of components.

The condition of the Leased Premises shall be established resulting from a walk-through inspection attended by both Lessor and Lessee prior to the date Lessee takes possession. The findings of this walk-through inspection shall be memorialized at the time of the walk-through via the SCLA Property Lease Checklist.

SCLAA Standard Lease Page 26 Adonai Building 652 & Yard Space

EXHIBIT D

SELECTED FAA RULES AND REGULATIONS

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37 ATTACHMENT C
Resolution No.

SCLAA 26-003
RESOLUTION NO. SCLAA 26-003
A RE

SOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHERN CALIFORNIA

LOGISTICS AIRPORT AUTHORITY AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2026-2027
W
HEREAS, the Executive Director of the Southern California Logistics Airport Authority (“SCLAA”) did heretofore submit to the Board of Directors an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2026-2027; and
W
HEREAS, copies of said budget were prepared and distributed to the SCLAA Board of Directors, approved by the SCLAA Board of Directors prior to June 30, 2026, and have been available for the inspection by the public in the office of the Authority Secretary of the SCLAA; and
W
HEREAS, after preparation of the budget, a need to amend the budget is being recommended to the SCLAA Board of Directors for approval; and W
HEREAS, the Executive Di rector or his designee will provide all necessary justification for the budget a mendment as an attachment to this resolution or in the associated SCLAA agenda report.

OW, THEREFORE, THE BOARD OF DIRECTORS OF THE SOUTHERN
CALIFORNIA LOGISTICS AIRPORT AUTHORITY HEREBY RESOLVE AS FOLLOWS:

S
ECTION 1. That the annual budget for the fiscal year 2026-2027 for the SCLAA be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.

A
ccount Amount Adjusted
Building 652 Revenue 4501106A-45200 $18,040.72
Ground Lease Revenue 4500125-45220 $1,143.95
S
ECTION 2. That copies of such amended budget, certified by the Authority Secretary, shall be filed with the auditors of the Southern California Logistics Airport Authority and in the office of the Authority Secretary for public inspection and certified copies thereof shall be made available for use by SCLAA, City departments, offices and subsidiary districts of the City.

Item Number: 19
City Council / Board of Directors
Written Communications
Meeting of: September 15, 2026
Submitted By:

Tony Camargo, Deputy City Manager

Subject:

Rejection of the Only Bid Received for MS26-086 Northgate Village Rehabilitation Project Recommendation:

That the Honorable City Council:
(1) Reject the only bid received for the MS26-086 Northgate Village Rehabilitation Project; and
(2) Authorize staff to reevaluate the scope, incorporate all applicable federal requirements, including the Build America, Buy America Act (BABA), and re-advertise the project for competitive bidding at the earliest practicable date.

Fiscal Impact:

There is no fiscal impact associated with rejecting the only bid received for the MS26-086 Northgate Village Rehabilitation Project, as no contract will be awarded at this time and therefore no expenditures will be incurred.

Strategic Plan Goal:

Goal C. Community and Economic Development and Goal D. Reduce Homelessness by supporting the economic vitality and preservation of the Northgate Village Apartment complex as an affordable housing complex for the community and all of its members, preserving existing affordable housing, preventing displacement of current residents, and investing in necessary infrastructure and capital improvements.

Background:

In 1997, the City of Victorville became a Housing and Urban Development (HUD) Entitlement City, enabling it to receive Community Development Block Grant (CDBG) funds directly from the U.S. Department of Housing and Urban Development. Prior to this designation, the City received funding through the County of San Bernardino, which directed funds toward countywide projects rather than City-specific needs. 4 9
1 1
To further expand local housing program opportunities, the City and Town of Apple Valley formed the Apple Valley/Victorville HOME Consortium in 2003, qualifying both jurisdictions to receive HOME Investment Partnerships Program (HOME) funds directly from HUD.

HUD regulations require that a portion of HOME funds be set aside for projects developed, owned, or sponsored by a Community Housing Development Organization (CHDO).

Discussion:

As part of the Fiscal Year 2024-2025 HOME funding application process, National Community Renaissance of California, also known as National CORE, submitted an application for rehabilitation of Northgate Village Apartments, located at 17251 Dante Street, Victorville, CA 92392 (Attachment A). National CORE acquired the property from the City in 2005 and currently owns and operates the 18-building, 140-unit affordable housing complex.

The property has significant capital improvement needs due to age and normal wear and tear. National CORE identified several priority improvements, including roof replacement, water heater replacement, balcony repairs, exterior painting and wood rot repairs, and replacement of sliding glass doors. Based on the available CHDO funding, staff worked with the City's Purchasing staff to competitively bid a rehabilitation project focused on the most immediate needs.

The Request for Bids was advertised through the OpenGov Procurement Portal on March 18, 2026. When the solicitation closed on May 12, 2026, only one responsive bid was received from KNC Construction, Inc., in the amount of $767,435, which exceeded the available funding at the time of the bid.

Following the bid process, staff, with assistance from legal counsel, also determined that certain applicable federal requirements, including requirements under the Build America, Buy America Act (BABA), were not included in the bid documents. Because the project is proposed to be funded with federal HOME funds, the solicitation should be revised to incorporate all applicable federal requirements before the project is rebid.

Most importantly, the project would preserve 140 existing affordable housing units serving Victorville residents, helping prevent displacement and housing instability. Without the City's assistance, residents could be at greater risk of displacement and, for vulnerable households, homelessness. Rebidding provides an opportunity to successfully utilize CHDO funds to preserve affordable housing in the community Staff therefore recommend rejecting the bid and reevaluating the project scope and bid documents prior to readvertising. This approach will provide an opportunity to obtain more competitive pricing, ensure compliance with applicable federal requirements, and maximize the City's ability to utilize its available CHDO funds.

Prepared By:

Lesyenia Marin-Pineda, Housing Manager
4 9
1 1
Attachments: A. Map of Property
B. Bid Proposal

ATTACHMENT A

MAP OF PROPERTY

ATTACHMENT B

BID PROPOSALS

M E M O R A N D U M

DATE: May 12, 2026

FROM: Megan Seidler
Finance Specialist

TO: Mica Schuler
Economic Development Administrator

SUBJECT: Bid Results for MS26-086 NORTHGATE VILLAGE REHABILITATION

The Request for Bids for the above referenced project was released on the OpenGov Procurement Portal and advertised in the San Bernardino Sun on Thursday, March 12, 2026. A second advertisement was published in the Daily Press on March 18, 2026. The mandatory pre-bid meeting was held on March 24, 2026. As a result, one (1) formal bid was received by 2:00 p.m. on May 12, 2026.

The following is a summary of the quotes received:

Contractor Total Bid
KNC Construction, Inc. $767,435.00

A copy of the bid tabulation is attached for your review. T he above-referenced contractor is CSLB-licensed, DIR-registered, and is not debarred at either the state or federal level.

After a final review of the bid documents, KNC Construction, Inc., is the lowest responsive and responsible bidder.

Please provide your recommendation at your earliest convenience.

Submitted by: Megan Seidler

Recommendation:

Proceed award to: _____________________________________________ Other:
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ __________________________________________ __________________________ Mica Schuler, Economic Development Administrator Date

City of Victorville
Finance
John Mendiola, Purchasing Manager
14343 Civic Drive, Victorville, CA 92392

EVALUATION TABULATION
NIB No. MS26-086
Northgate Village Rehabilitation Project
RESPONSE DEADLINE: May 12, 2026 at 2:00 pm
Report Generated: Tuesday, May 12, 2026

SELECTED VENDOR TOTALS
Vendor Total
KNC CONSTRUCTION, INC. $767,435.00

NORTHGATE VILLAGE APARTMENTS REHABILITATION PROJECT
Please see Section 7, Attachment J - Pricing Proposal for a detailed description work, materials, warranty information, specific products required, and permits.

EVALUATION TABULATION
NIB No. MS26-086
Northgate Village Rehabilitation Project

EVALUATION TABULATION
Request for Bid - Northgate Village Rehabilitation Project

Page 2 ends

Northgate Village Apartments Rehabilitation Project KNC CONSTRUCTION, INC.

Selected Line Item Description Quantity Unit of
Measure
Unit Cost Total

EVALUATION TABULATION
NIB No. MS26-086
Northgate Village Rehabilitation Project

EVALUATION TABULATION
Request for Bid - Northgate Village Rehabilitation Project

Page 3 ends

X 1 Replace existing flat roofing material on four multifamily housing unit buildings, Includes building 1, 15, 16, and 17 only. Repair/correct all low or poor drainage area, install new Built-up Bituminous Roofing.

Tear off, remove, and haul away existing flat roofing and/or roof system, associated metal base flashing down to the existing wood deck. Correct/Repair all existing low and/or poor drainage areas to ensure proper water runoff from roof Repair and/or replace any damaged or missing metal and/or wood decking as required. All replaced decking shall match the size and type of the existing deck and shall be installed per local building code requirements. Remove all HVAC systems to allow all repairs to roof. Once all repairs have been made, reinstall HVAC systems, including but not limited to reattaching ducting, reattaching electrical and any other essential items that fall under the HVAC system. Ensure that HVAC system is running and operating properly. Replace all condensation lines with the proper size line; properly secure them to the roof and paint. All work shall comply with all local, state, and federal codes. All parapet walls and equipment curbs shall be fully covered with roof system.

The membrane shall be adhered to the walls and curbs per the Roofing Manufacturer's standard written and detailed requirements (no mechanically attached and/or loose-laid wall and curb flashings will be allowed).Provide and install all new galvanized flashing and required roof metal, minimum 24 gauge. Shall be installed in accordance with the manufacturer’s installation instructions and any applicable code requirements. Install three-ply, built-up, bituminous roofing system, as specified herein and as needed for a complete and proper installation. The membrane shall be installed directly over the barrier board and shall be attached per roofing manufacturer's application requirements. Provide and install new redwood sleepers and pipe supports. The new sleepers and pipe supports shall be installed per the roofing manufacturer's standard written and detailed requirements. Perform all flashing and detail work in strict accordance with the roofing manufacturer’s standards. * Provide 15- 4 Lump Sum $47,497.50 $189,990.00

EVALUATION TABULATION
NIB No. MS26-086
Northgate Village Rehabilitation Project

EVALUATION TABULATION
Request for Bid - Northgate Village Rehabilitation Project

Page 4 ends

Northgate Village Apartments Rehabilitation Project KNC CONSTRUCTION, INC.

Selected Line Item Description Quantity Unit of
Measure
Unit Cost Total
year manufacturer’s warranty. * CITY OF VICTORVILLE PERMIT

REQUIRED
X 2 Tear off and replace all shingle roofs at all multifamily housing buildings. Total of 18 buildings. Install 30-year Fiberglass based Composition CRRC rated shingles. Install per manufactures specifications. Owner’s choice of color. Contractor is required to have a Pre-Re-Roof Inspection. When stripping of old roofing material is required. Install two layers Type 1 (#15) asphalt saturated high performance polyester (HPP) underlayment and 30 year Fiberglass based Composition shingles. Use double course of shingles at eaves. Place shingles in straight coursing pattern with required weather exposure so as to produce double thickness over entire roof area. Extend shingles 3/4 inch over eaves and 1/2 inch over gable end fascia boards. Valleys: Close cut/woven pattern. Cap hips and ridges with individual shingles, maintaining weather exposure. Place so as to avoid exposed nails. Complete installation to provide weather tight roofing system. Provide drip edge at eaves and gables of shingle roofs. Install shingles in accordance with manufacturer’s instructions. Owners’ choice of color. Prior to call for Final Roof Inspection # 299 Magnetically clean sweep yard, walkways, roof areas, and drive for nails, staples and related debris. Note: The roofing material shall be “Cool Roof” to meet all current California Energy Codes. Form CF-1R-ALT-RE-ROOF shall be completed and submitted prior permit issuance and form CF-6R-ENV-01 shall be completed and provided for the Building Inspector at final inspection. The “Cool Roof” shall have a minimum three year aged solar reflectance of 0.20 and a minimum thermal emittance of 0.75 for roofing products that have a density of less than 5lb/ft2. *CITY OF

VICTORVILLE PERMIT REQUIRED
18 Lump Sum $25,010.00 $450,180.00

EVALUATION TABULATION
NIB No. MS26-086
Northgate Village Rehabilitation Project

EVALUATION TABULATION
Request for Bid - Northgate Village Rehabilitation Project

Page 5 ends

Northgate Village Apartments Rehabilitation Project KNC CONSTRUCTION, INC.

Selected Line Item Description Quantity Unit of
Measure
Unit Cost Total
X 3 Repair wood rot at 3 stair landings. Includes landings at buildings 8,12, and 16. Remove stair stringers as needed and save for re-use.

Demo stucco and decking as needed to expose dry rot wood for replacement. Replace all dry rot wood with same nominal size.

Replace decking as needed, waterproofing at deck and stucco. Paint stucco and any exposed wood to match surrounding as close as possible. Reinstall stair stringers with new hardware.
3 Lump Sum $15,880.00 $47,640.00
X 4 Remove and dispose of and install a total of 10 new Natural Gas Water Heaters. The minimum capacity for water heaters shall be in accordance with 2013 CPC Ch. 5, General 501.0 and Table 5-1 First Hour Rating; the First Hour Rating shall be 54 gallons for a 2- bedroom 2-bathroom home. To include seismic straps installed on the upper and lower 1/3 rd of the heater with the bottom being a minimum of 4 in. above the controls. Insulation wrap for the in and out water lines with a minimum insulation value of R-4, from point of connection for a minimum of 5 ft. in length. Install new flexible water lines (24 in. maximum length) on Hot and Cold water lines, new approved flexible gas line and fittings. To include: new full-way shut- off valve on cold water side and one vinyl covered ¾ “plywood layer overlay on closet floor and install corrosion resistant pan (Smitty Pan) with ¾ inch drain line piped to an approved location (T&P) line may NOT drain to Smitty Pan). *Ensure the double wall “B”-vent shall maintain a 1” minimum clearance from all combustibles and single wall shall maintain a 6” minimum clearance to combustibles. Units that do not have T&P routed to an approved location shall be equipped with Watts 210 automatic gas shutoff or equivalent system from any manufacturer. *CITY OF VICTORVILLE PERMIT REQUIRED 10 Lump Sum $7,962.50 $79,625.00
Total $767,435.00

EVALUATION TABULATION
NIB No. MS26-086
Northgate Village Rehabilitation Project

EVALUATION TABULATION
Request for Bid - Northgate Village Rehabilitation Project

Page 6 ends

OPTIONAL WORK - DEPENDING ON FUNDING
The following items are not included in the Base Bid and shall be priced separately. The City reserves the right to award any, all, or none of these items at its sole discretion, depending on available funding and project priorities. Pricing shall remain valid for the duration stated in the bid documents.

OPTIONAL WORK - DEPENDING ON FUNDING KNC CONSTRUCTION, INC.

Selected Line Item Description Quantity Unit of
Measure
Unit Cost Total
5 Furnish all labor, materials, equipment, and incidentals necessary to repair and/or replace additional deteriorated fascia boards not included in the Base Bid scope, as directed by the City. 1 EACH

BUILDING
$22,775.00 $22,775.00
6 Furnish all labor, materials, equipment, and incidentals necessary to repair and/or replace additional stair landing framing, decking, and/or surface materials not included in Base Bid Line Item #3, as directed by the City.
1 EACH

LANDING
$21,625.00 $21,625.00
Total $0.00

Item Number: 20
City Council / Board of Directors
Written Communications
Meeting of: September 15, 2026
Submitted By:

Keith C. Metzler, City Manager

Subject:

Consideration of proposed City Council Resolution No. 26-079 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. 26-079 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; December 19, 2023, and September 17, 2024.

Discussion:

Pursuant to Chapter 1, Section II, Subsection B, “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.” 4 8
8 7
On June 23, 2026, staff emailed Council Members the Policy & Procedure Manual which included comments from staff that had been compiled from notes taken over the prior two years. Between July 16-28, 2026, staff took the opportunity to meet individually with each Council Member to facilitate the review process with the intent to make revisions to the manual as easy as possible. The attached redline version incorporates the changes discussed during these meetings. Therefore, staff recommends the Council adopt Resolution 26-079 and the associated clean version of the City Council Policy and Procedure Manual.

Staff remains available for any questions or comments you might have.

Prepared By:

Jennifer Thompson, City Clerk
Attachments: A. Resolution No. 26-079
B. City Council Policy and Procedures Manual - Redlined Version C. City Council Policy and Procedures Manual - Clean Version

ATTACHMENT A
Resolution No. 26-079

RESOLUTION NO. 26-079

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 AND RECINDING RESOLUTIONS 13 -
049
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 23-104, and 24-020 the City Council has since the Policy Manual was first adopted, approved certain revisions to the Policy Manual in order to clarify various provisions and incorporate additional procedures to help streamline the conduct of City Council meetings; and
WHEREAS, the Policy Manual requires the biennial review of the Policy Manual in August. With said review, further revisions are needed to address how processes are handled and improve the ability to implement the provisions of said Policy Manual; and WHEREAS, the City Counci l had previously adopted Resolution No. 13- 049 applying certain policies and procedures to various advisory Committees and Boards affiliated with the City which policies and procedures are now set forth in the latest revisions to the Policy Manual; and

WHEREAS, the City Council now deems it appropriate to rescind Resolution No. 13-049; 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 Resolution No. 13.049 which applied certain policies and procedures to various advisory Committees of the City is hereby rescinded.

Section 3. That this Resolution shall supersede Resolution No. 24-020 and take effect immediately upon its adoption.

Section 4. That the City Clerk shall certify the passage and adoption of this Resolution.

ATTACHMENT B
City Council Policy and
Procedures - Manual
Redlined Version

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 September 17, 2024
Revised by Resolution No. 26-079 on September 15, 2026

Table of Contents
CHAPTER 1 ‐ INTRODUCTION AND PURPOSE ........................................................................................... 1 I. PURPOSE OF MANUAL .................................................................................................................. 1 II. EFFECTIVE DATE AND PERIODIC REVIEW/UPDATE OF MANUAL .................................... 1 CHAPTER 2 ‐ ROLE OF CITY COUNCIL ....................................................................................................... 2 I. OVERVIEW ...................................................................................................................................... 2 II. COUNCIL ELECTION AND GOVERNANCE .................................................................................. 2 III. ROLE AND DUTIES OF MAYOR ................................................................................................... 4 IV. ROLE AND DUTIES OF ALL COUNCILMEMBERS ..................................................................... 5 V. CODE OF ETHICS FOR COUNCILMEMBERS ............................................................................ 13 CHAPTER 3 ‐ COUNCIL MEETINGS ........................................................................................................ 18 I. REGULAR MEETINGS .................................................................................................................. 18 II. SPECIAL MEETINGS AND EMERGENCY MEETINGS .............................................................. 18 III. CONSIDERATION OF NEW BUSINESS/CANCELLATION OF MEETINGS ........................... 18 IV. MEETING MINUTES ..................................................................................................................... 19 V. CONDUCT OF BUSINESS ............................................................................................................. 20 VI. DESCRIPTION/EXPLANATION OF PURPOSE OF CERTAIN AGENDA ITEMS .................. 21 CHAPTER 4 ‐ AGENDA .............................................................................................................................. 28 I. GENERAL PURPOSE OF THE AGENDA RULES ....................................................................... 28 II. AGENDA PREPARATION ............................................................................................................ 28 III. AGENDA ITEM SUBMISSION ..................................................................................................... 29 CHAPTER 5 ‐ MEETING R UL E S OF CONDUCT AND D EC OR UM ................................................... 32 I. PARLIAMENTARY RULES AND GENERAL AGENDA ITEM PROCESS ................................. 32 II. RULES OF DISCUSSION AND DEBATE ..................................................................................... 33 III. PUBLIC PARTICIPATION AND RULES OF DECORUM FOR COUNCIL, PUBLIC, AND STAFF. ............................................................................................................................................ 40 CHAPTER 6 ‐ ADMINISTRATIVE MATTERS ............................................................................................ 48 I. ADMINISTRATIVE SUPPORT .................................................................................................... 48 II. MAIL, DELIVERIES, AND E-MAIL .............................................................................................. 48 III. CITY-ISSUED EQUIPMENT. ........................................................................................................ 50 IV. USE OF PERSONAL ACCOUNTS AND PERSONAL ELECTRONIC DEVICES FOR CITY BUSINESS ...................................................................................................................................... 50 CHAPTER 7 ‐ RELATIONSHIP AND CONDUCT ...................................................................................... 52

I. RELATIONSHIP AND CONDUCT WITH CITY MANAGER ..................................................... 52 II. RELATIONSHIP AND CONDUCT WITH CITY ATTORNEY .................................................... 53 III. RELATIONSHIP AND CONDUCT WITH CITY CLERK ............................................................ 54 IV. RELATIONSHIP AND CONDUCT WITH STAFF ....................................................................... 54 V. REQUESTS FOR RESEARCH OR INFORMATION .................................................................... 55 CHAPTER 8 ‐ COMMUNICATION AND REPRESENTATION ................................................................. 58 I. REPRESENTING MAJORITY VS. INDIVIDUAL OPINION ...................................................... 58 II. CORRESPONDENCE FROM COUNCILMEMBERS .................................................................... 58 III. SPEAKING FOR “THE CITY” ....................................................................................................... 59 IV. CITY COUNCIL SPENDING AND REIMBURSEMENT POLICY ............................................... 62 V. GUIDELINES AND PROCEDURES FOR CEREMONIAL RECOGNITION ITEMS .................. 65 CHAPTER 9 ‐ COMMISSIONS, COMMITTEES, AND BOARDS ............................................................... 71 I. PURPOSE AND GENERAL CONSIDERATIONS ........................................................................ 71 II. CITY COUNCIL SUBCOMMITTEES ............................................................................................ 72 III. ADMINISTRATIVE SUPPORT FOR CITY COMMISSIONS AND COMMITTEES. ................ 73 IV. COMMISSIONS, COMMITTEES, AND BOARDS ON WHICH COUNCILMEMBERS SERVE AS CITY REPRESENTATIVES ..................................................................................................... 74 CHAPTER 10 - ENFORCEMENT .................................................................................................................... 76 I. CENSURE AUTHORIZED ............................................................................................................. 76 II. CENSURE PROCEDURE ............................................................................................................... 76 III. REMOVAL ...................................................................................................................................... 78 IV. ACKNOWLEDGEMENT OF RECEIPT AND UNDERSTANDING OF MANUAL ..................... 78

Ch. 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 Biennial Review. B e g i n n i n g i n 2 0 2 7 t 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 Ch. 1
2 Resolution.

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2 CHAPTER 2 ‐ ROLE OF CITY COUNCIL

I. OVERVIEW

A. City Council Acts as a Body. One of the fundamental tenets of city governance is recognizing that the City Council acts as a body. No individual Councilmember has extraordinary powers beyond those of other members. Although the Mayor and the Mayor Pro Tempore (“Pro Tem”) have additional ceremonial, parliamentary and administrative responsibilities as described below and elsewhere in this Manual, with respect to the establishment of policies, voting, and in other significant areas, all members are equal.

B. Establishment of City Policy. City Policy is established and direction is given to City staff by a majority vote of the Council. Neither the Mayor nor the Mayor Pro Tem has veto power or any other policy -making authority beyond that of the other Councilmembers.

C. Decisions of Majority of Body Binding on City Council. While individual Councilmembers may disagree with decisions of the majority, a decision of the majority does bind the City Council to a course of action and provides City staff with clear direction to follow. Similarly, City staff is responsible to ensure that the policy set by the City Council is implemented and upheld consistent with the wishes of the majority. Implementation of City Council policy by staff does not reflect a bias against Councilmembers who held a minority opinion on an issue.

II. COUNCIL ELECTION AND GOVERNANCE

The City of Victorville is governed by a five -member City Council elected to four -year terms on a staggered basis. Councilmembers are elected in the general election in November of even- numbered years. The Mayor and Mayor Pro Tem will be appointed by a majority vote of the entire membership (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 Formatted: No underline
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3 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.

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 may 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. Abstainin g from any appointment vote counts as an affirmative vote for the current Mayor.

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4 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;

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 Ch. 2
5 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 domicile within the City of Victorville. To be considered certified, each proof of residency as described below must contain the ho use 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 Ch. 2
6 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

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7 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 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 provi der 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
Ch. 2
8 (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.

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 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:

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9 “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, C ity 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.

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10 3. Avoid Unfair Surprise . Councilmembers should advise the City Manager in advance of issues or questions they intend to bring up at a public meeting.

This refers to issues and questions that City staff would not normally anticipate or have researched for that particular meeting.

4. Report Possible Absences. Each Councilmember shall report immediately to the Mayor and City Clerk any likelihood of absence in order to ensure the most effective facilitation of City Council meetings. To the extent any Councilmembers are absent or going to be absent for two or more consecutive regular council meetings, that Councilmember should seek the consent of the City Council to excuse such absence either prior to the absence, or immediately upon return, which consent shall require majority vote of the quorum.

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 and 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. A s i t r e l a t e s t o C i t y c o m m i s s i o n s , b o a r d s a n d s t a n d i n g c o m m i t t e e s , t h e i n d i v i d u a l C o u n c i l M e m b e r s c a n r e c o m m e n d t h e p r o c e s s o f d i r e c t n o m i n a t i o n o r s o l i c i t a t i o n , w i t h t h e u l t i m a t e c o n f i r m a t i o n b y a m a j o r i t y v o t e o f t h e e n t i r e C o u n c i l . 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.

Formatted: Font: 12 pt
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11 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 as outlined in Chapter 9, Section II, Subsection B, 2 of this Policy Manual.

E. Leadership, Goals, and Policy; Ex-Officio Roles of the City Council.

1. Leadership, Goals, and Policy. City Councilmembers are elected to provide leadership in setting goals and in formulating policies. The City Council is the focal point for identifying and interpreting the wishes of the citizens and translating these into specific programs. Successful goal setting and policy formulation largely depend on a good working relationship amongst the Council and between the Council and the administrative staff. Under the City Manager’s direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and calculating the costs of proposals.

However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City.

2. Ex-Officio Roles. The City Council also serves as the Boards for the Victorville Water District (“VWD”), the Southern California Logistics Airport Joint Powers Authority (“SCLAA”), the Library Board of Trustees, the Successor Agency to the Victorville Redevelopment Agency, the Housing Assets Successor, and the Victorville Joint Powers Financing Authority (“JPFA”), with all meetings being held concurrently. References made in this Manual to the City Council also include the Council when acting in it its roles as the boards of the aforementioned entities.

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12 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:

“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 Ch. 2
13 function within their established roles when listening to concerns or complaints from the public and staff. While it is important to be available when issues arise, Councilmembers shall abide by uniform procedures to ensure matters are handled expeditiously and everyone is treated respectfully and fairly. Councilmembers shall remain neutral when receiving reports, conveying that they have no individual authority to resolve issues and further recognizing that only one side of the story is being heard. Councilmembers shall adhere to their policy role pursuant to Chapter 2 of this Manual, being certain not to interfere with the administrative functions of the City or the professional duties of City staff. The same level of care must be exercised when responding to emails as is described for personal interactions.

J. 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:

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14 1. Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government.

2. Public officials be independent, impartial, and fair in their judgment and actions.

3. Public office be used for the public good, not for personal gain.

4. Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

B. Principles and Standards. The principles and standards of ethical conduct for Victorville City Councilmembers are hereby established as set forth below.

1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, Councilmembers will work for the common good of the people of Victorville and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Victorville City Council.

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 Ch. 2
15 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.

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 Ch. 2
16 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 f ollow 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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17 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.

Ch. 3
18 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 working hours and at such times as regular and special meetings of the City Council are being held.

Regular City businessworking 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 Ch. 3
19 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 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 Ch. 3
20 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 excluding the City Manager Annual Evaluation.

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
• 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
Ch. 3
21 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.

C.D. Public Participation. In the event of a disruption in remote access services, the Council shall recess and reconvene the meeting in accordance with City Council Policy CP -26-01 and make associated findings therewith in accordance with Government Code Sections 54954-54963 should remote access services not be able to be restored.

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.

1. Restrictions. Public Comment Periods should not be utilized by Councilmembers to the extent said use impinges upon and/or diminishes the Formatted: Font: 12 pt
Ch. 3
22 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 o f 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 impa ir 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 Ch. 3
23 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.

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, Ch. 3
24 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.

(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 Ch. 3
25 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.

(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 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 Ch. 3
26 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 vo te 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 Ch. 3
27 discussed/debated and voted on separately.

G. Reports from City Manager . The City Manager provides brief general announcements of current events and matters of interest to Council and the public.

In accordance with the Brown Act, no substantive discussion of specific matters is permitted.

H. Discussion and Possible Action Regarding Items for the Upcoming Agenda . At this time, Councilmembers may make motions to place items on an upcoming agenda.

The procedural requirements applicable to this item are in Chapter 4, Section III.

I. Reports from Councilmembers . This portion of the agenda provides Councilmembers the opportunity to briefly comment on City events or projects germane to the business of the 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.

Ch. 4
28 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 Ch. 4
29 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).

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 m ember 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. It shall be the Formatted: Condensed by 0.25 pt
Ch. 4
30 responsibility of the City Attorney and/or City Clerk to advise the Council if the scope of the discussion is becoming to in depth.

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.

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 Ch. 4
31 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.

Ch. 5
32 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.

Ch. 5
33 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.

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, presenti ng 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.

(d) Stop actions and unprofessional conduct that hinder council business.

3. Presumption of Good Faith. When a Councilmember makes a motion, the Ch. 5
34 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.

2. Questions shall be directed to the City Manager , or City Attorney, and/or such City staff as the City Manager may 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 resp onses, 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.

Ch. 5
35 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 has reached 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 ano ther 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 Offi cer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

G. Point of Order . When a Councilmember believes a breach of the Council’s parliamentary procedural rules is occurring, he 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 Ch. 5
36 conclusively determine the question of order. The motion is debatable, and the Presiding Officer may participate in the debate.

H. Point of Privilege. Any Councilmember can raise a Point of General or Personal Privilege.

1. Point of General Privilege. Appropriate points of general privilege relate to anything that would interfere with the normal comfort of the meeting, such as the temperature of the room or a malfunctioning microphone. If raised, the Presiding Officer would then ask the interrupter to “state your point.”

2. Point of Personal Privilege . The right of a Councilmember to address the council on a question of personal privilege shall be limited to cases in which his 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 Ch. 5
37 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 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.

Ch. 5
38 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 Ch. 5
39 a new motion by the Council. It does not require suspending the rules. For appeals, if there is no affirmative vote, 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.

Ch. 5
40 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 it to City Clerk staff or place it in the comment card box 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 w ithin the City Council’s subject matter jurisdiction; state whom he/she is representing; and whether he/she is representing an organization or other persons. Each speaker shall be allotted three (3) minutes in which to comment, unless the Presiding Officer determines that based on the significant nature of an agenda item or items, that additional public comment time should be allowed. In such event, the Presiding Officer may grant an extension of public comment time, not to exceed two (2) minutes per speaker. Extensions granted may be appealed through a valid motion and overruled by a majority vote of the Council.

(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.

Ch. 5
41 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 concer ning 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 Ch. 5
42 address the Council; and in case additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council. In situations where more than ten (10) people wish to speak on an item, the Presiding Officer may place reasonable limits on the Public Comment period, including reducing the time allotted to each speaker to one (1) or two (2) minutes and/or a specific time limit for the total presentation (typically not to exceed 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 Ch. 5
43 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 com parable services.” T h i s s h a l l e x c l u d e a g e n d a a n d a g e n d a r e l a t e d e l e c t r o n i c m a t e r i a l s . City Councilmembers will not utilize the internet during Council meetings. Outside of City Council meetings, Councilmembers should not communicate via E- Communications with more than one other member of the City Council on any issue regarding City business.

(c) Closed Session Attendance . As a condition of attendance in every Closed Session meeting, all Councilmembers must refrain from the use of any electronic devices, including but not limited to: cell phones, E -Tablets, laptops, cameras, sound/voice amplifiers, and recording devices. T o 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 Ch. 5
44 (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.

Ch. 5
45 (f) Microphones, Loudspeakers, Megaphones, Sound/Voice Amplifiers.

Councilmembers and members of the public shall not use non-city- provided microphones or other amplifying instruments during meetings, recess, or adjournments. Moreover, absent permission from the Presiding Officer, no Councilmember shall use or attempt to use a City -provided microphone behind the dais other than the one specifically reserved for his 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 e-communications, 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 Ch. 5
46 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. An y 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.

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. After following a three-step warning Formatted: Font: Not Bold Formatted: Font: Not Bold
Ch. 5
47 process, i If the disruptive behavior does not promptly cease after the warnings, 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 of the Council, and any remaining Council business may be considered after the recess or at the adjourned or next meeting.

Ch. 6
48 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.

Ch. 6
49 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.

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.

Ch. 6
50 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.

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 Ch. 6
51 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 o r 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, blo g, 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.

Ch. 7
52 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.

Ch. 7
53 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.

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 Ch. 7
54 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

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.

Ch. 7
55 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 Ch. 7
56 personal interest. Requests will be addressed as quickly as possible under the circumstances at the time, providing that in the judgment of the City Manager (or the City Attorney depending on the nature of the request) the request is not of a magnitude, either in terms of workload or policy, that would require more than thirty (30) minutes of time in which to respond or is of such a nature that it would be more appropriately assigned to staff through the collective direction of the City Council. If the individual Councilmember request goes beyond these parameters, or in the judgment of the City Manager, is not within the scope of City policies or business, the City Manager will bring the request to the full Council for consideration. The method by which responses are delivered to Councilmembers shall comport with the City’s routine business practice.

C. Policy-Related Requests . All Council requests dealing with policy and such other requests that may be construed as direction shall be directed to the City Manager, except for routine general inquiries or questions that will not disrupt city operations, in which case, Councilmembers may approach Senior Management with their requests. Councilmembers may also contact the City Attorney or City Clerk.

D. Funding Requests. Any request from City Council requiring funding must be addressed with the City Manager. The City Manager shall respond in a timely manner.

E. Written Requests Preferable. To assist the City Manager, requests for information are best tracked if submitted in writing, either in memorandum form or through e‐ mail. And to ensure proper responsiveness, Councilmembers are asked to copy both the department head and the City Manager on all correspondence with staff.

F. Access to Certain Information Restricted . There are certain restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRs) under review are not available for release until complete and after review by City management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to members of the City Council. Certain aspects of Police Department affairs, such as access to restricted or confidential information related to crimes, may not be available to members of the City Council.

G. Dissemination of Information. In cases when a staff response to an individual Councilmember request involves written materials that may be of interest to other Ch. 7
57 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.)

Ch. 8
58 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 Councilmembe rs. 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 Ch. 8
59 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.

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 Ch. 8
60 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 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 / Legislative Platform , 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.

Ch. 8
61 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.

Ch. 8
62 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.

I.J. Mayor Portrait and Council Member Photos . The Mayor Portrait shall be prepared after 1 year as Mayor. Once the portrait has been approved, no changes to the portrait will be made. Council Member Photos will be taken upon entering office.

Each Council Member will provide approval for their sel ected photo. Once approved, updates will only be made upon a new term of office.

IV. CITY COUNCIL SPENDING AND REIMBURSEMENT POLICY

A. Effect of CP-24-073-03. Except as specified otherwise in this Section, the provisions of the Expense Reimbursement Policy set forth in Council Policy No. CP -24-073-03, or any amendment(s) to or successor Council Policy adopted in lieu thereof (“CP -24- 073-03”) shall apply to all City Councilmembers. The provisions of Council Policy Nos. CP-935, CP-73-3, and CP-12-01 and CP-23-03 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 -24-073-03) incurred by City Councilmembers constitute reimbursable Formatted: Font: 12 pt
Ch. 8
63 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 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-24-073-03 and particularly the Section requiring pre-approval by the City Manager.

Ch. 8
64 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.

3. All documents related to reimbursable expenditures, including, but not Ch. 8
65 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 usin g 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, ex cept to the extent the mileage reimbursement request is made pursuant to City Council Policy No. CP -24- 073-03, 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 .

Ch. 8
66 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/ Recommendation/Congratulations. Letters of Recognition/ Recommendation /Congratulations are conferred to commend and recognize the following:

(a) Major achievements, such as the Eagle Scout Award and Girl Scout Gold Award.

(b) Milestone events, such as the anniversary of an organization, wedding anniversaries of 50 or more years, or other life milestones, such as significant birthdays.

(b)(c) Recommendations to support local students pursuing college or military applications.

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 Formatted: Font: 12 pt
Ch. 8
67 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

Proclamations will not be issued to or for any of the following:

(d) Individuals. Proclamations must affect a broad group of people.

(e) Matters of political controversy, ideological or religious beliefs, or individual convictions.

(f) Events or organizations with no direct relationship to the City of Victorville.

(g) 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 Ch. 8
68 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.

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 Ch. 8
69 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 pol itics. 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.

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 Ch. 8
70 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/Recommendation/Congratulations may be mailed.

4.5. Letters of Recommendation must be authored by the recommending Councilmember and approved by the Mayo r. City staff will place the letter on City letterhead and print for signature by the Mayor and the respective recommending Councilmember.

Formatted: Not Expanded by / Condensed by
Formatted: Font: 12 pt
Ch. 9
71 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 p olicy 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 Tthe 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 may 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 Ch. 9
72 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 the City Council Policy and Procedure Manual Resolution No. 13 -049 and any amendments or successor resolutions thereto.

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. However, the Planning Commission shall follow the applicable provisions of the City Council Policy and Procedure Manual and any amendments or successor resolutions thereto.

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.

Ch. 9
73 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 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.the City Council Policy and Procedure Manual and any amendments or successor resolutions thereto.

III. ADMINISTRATIVE SUPPORT FOR CITY COMMISSIONS AND COMMITTEES

Ch. 9
74 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 inf ormation 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”).

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.

Ch. 9
75 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.

Ch. 10
76 CHAPTER 10 - ENFORCEMENT
I. CENSURE AUTHORIZED

Censure is a formal resolution of the City Council that reprimands one of its own members for specified conduct, generally a violation of State, Federal, or local laws; or of City policy, including the provisions of this Manual (hereinafter collectively “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 Ch. 10
77 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 allegat ions. 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.

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 Ch. 10
78 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 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 Ch. 10
79 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.

ATTACHMENT C
City Council Policy and
Procedures Manual -
Clean Version

City of Victorville
City Council Policy and Procedures Manual

Ch. 1
1 CHAPTER 1 ‐ INTRODUCTION AND PURPOSE

I. PURPOSE OF MANUAL

II. EFFECTIVE DATE AND PERIODIC REVIEW/UPDATE OF MANUAL

B. Biennial Review. B e g i n n i n g i n 2 0 2 7 t his 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.

Ch. 2
2 CHAPTER 2 ‐ ROLE OF CITY COUNCIL

I. OVERVIEW

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 Ch. 2
3 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.

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 may 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.

Ch. 2
4 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.

III. ROLE AND DUTIES OF MAYOR

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:

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

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

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

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

2. Rented or Leased Property. Proof as follows:

Ch. 2
7 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.

4. Current Utility Bill. Proof as follows:

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
Ch. 2
8 (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

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.

Government Code Section 36502(a) provides:

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.

Ch. 2
10 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.

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 and shall be filled in accordance with Section IV.D hereinbelow.

Ch. 2
11 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 as outlined in Chapter 9, Section II, Subsection B, 2 of this Policy Manual.

E. Leadership, Goals, and Policy; Ex-Officio Roles of the City Council.

However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City.

Ch. 2
12 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.

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.