City Council Chambers
Victorille 14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
CALIFORNI
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Minutes 5:00 p.m. Closed Session
Tuesday, January 18, 2022 6:00 p.m. Regular Session
5:00 p.m. Closed Session
Call to Order
Roll Call
Present: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones
Absent: None
Introduction to Public Comments
Mayor Jones provided an opening statement regarding public comments.
Public Comments for Closed Session Items
The following people spoke:
Blanca Gomez spoke on closed session item A.
TELECONFERENCING REQUIREMENTS
A. Conduct of City Council Meetings Pursuant to AB 361
Recommendation:
That the City Council make the following findings:
(1) A state of emergency, as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council members, City staff and consultants/presenters to meet safely in person; and
(2) The State of California and the City of Victorville continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (CDPH), and/or County of San Bernardino, as applicable, including facial coverings when required and social distancing; and (3) The City Council hereby declares that, pursuant to these findings, City staff are authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby.
Questions ensued
Motion was made to approve staff recommendations
Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving
Motion passed 3-1
Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez
Declaration of Closed Session Item(s) by City Attorney
City Attorney Andre de Bortnowsky announced five (5) closed session items as set forth on the agenda.
CITY COUNCIL
A. Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8:
Property Location: APN 0396-131-05
City Negotiators: Keith C. Metzler, City Manager, or authorized designee Negotiating Parties: Mustafa Family Living Trust 9-26-94 Under Negotiation: Price and terms of payment
B. Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations) C. Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations) D. Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations) E. Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations) Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Present: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones
Absent: None
Also Present: City Manager Keith C. Metzler, Deputy City Manager Sophie Smith, Deputy City Manager Jenele Davidson, City Clerk Jennifer Thompson, City Attorney Andre de Bortnowsky
Closed Session Announcements by the City Attorney
City Attorney Andre de Bortnowsky announced five (5) closed session items as set forth on the agenda. There were no reportable actions with respect to these items.
Invocation: Pastor Michael Chandler of Victor Valley Bible Church Pledge of Allegiance: Police Captain John Wickum
Proclamations/Special Presentations
Presentation Recognizing Sohan Patel, Winner of the City's Annual Civil Rights Memorial Essay Contest
Presentation by City Manager to City Council - 2021 Highlights & Accomplishments City Clerk Presents Agenda/Revisions to Agenda
Agenda presented with no revisions reported.
Conflict of Interest Declarations
There were no conflicts of interest reported.
Introduction to Public Comments
Mayor Jones provided an opening statement regarding public comments.
Public Comments
The following people spoke:
Maggie Martin spoke on general items.
Blanca Gomez spoke on general items.
The Chair called for a recess at 6:49 p.m. to resolve technical issues.
Recess concluded at 6:55 p.m.
DeAnn Hudgens spoke on general items.
Jessica Haughton spoke on general items.
Roger LaPlante spoke on general items.
PUBLIC HEARING(S)
1. A Planned Unit Development (PUD) with an Environmental Exemption to allow for the establishment of development standards for a single-family residential development and a Development Plan to establish design standards within Tracts 16887 and 17599 on property generally located at the Southeast corner of Eucalyptus Street and Richmond Avenue Recommendation:
That the Honorable City Council conduct a public hearing, receive public testimony, and take the following actions:
(1) Find the proposal exempt from CEQA pursuant to Section 15061(b)(3) as "the project will have no significant effect upon the environment";
(2) Introduce Ordinance No. 2424 for adoption and first reading by title only; and (3) Waive further reading in full of proposed Ordinance No. 2424; and (4) Adopt Resolution No. P-22-006, approving a Development Plan for the Planned Unit Development.
Questions ensued
The Chair opened the Public Hearing
The following people spoke:
Maggie Martin spoke in opposition.
Roger LaPlante spoke in opposition.
The Chair closed the Public Hearing
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Irving
Seconded: Councilmember Becerra
Comments ensued
Motion passes 4-0
Ayes: Councilmember Becerra, Councilmember Gomez, Pro Tem Irving, Mayor Jones
2. An Amendment to the General Plan with an environmental Initial Study Negative Declaration to adopt an Updated Housing Element for the 6th Cycle Planning Period from 2021 to 2029 Recommendation:
That the Honorable City Council conduct a public hearing and adopt Resolution No. 22-005, thereby adopting the 2021-2029 Housing Element Update and the associated Negative Declaration.
Presentation by Dima Galkin from Harris & Associates regarding Housing Element updates Questions ensued
The Chair opened the Public Hearing
The following people spoke:
Juan Olmedo spoke in support.
Roger LaPlante spoke on in support.
Jessica Haughton spoke in support.
The Chair closed the Public Hearing.
Motion was made to approve staff recommendation
Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving
Comments ensued
Motion passes 4-0
Ayes: Councilmember Becerra, Councilmember Gomez, Pro Tem Irving, Mayor Jones
CONSENT CALENDAR
Adoption of Resolution No. 22-007 approving the Consent and Agreement and Estoppel Certificate documents required to facilitate the collateral assignment of the City's Power Purchase Agreement with AM Wind Repower LLC for financing purposes, and authorizing the City Manager to execute said documents and take certain further associated actions Recommendation:
The Honorable City Council Adopt Resolution No. 22-007 to:
(1) approve the Consent and Agreement and Estoppel Certificate documents required to facilitate the collateral assignment of the City's Power Purchase Agreement with AM Wind Repower LLC; and
(2) authorize the City Manager to execute said documents and take such further actions and execute such further agreements and documents as may be necessary to carry out the transactions contemplated by said Power Purchase Agreement, the Consent and Agreement, and the Estoppel Certificate
4. Subordination request for Residential Rehabilitation Program Case No. 20-16-05 (16696 Joshua St., Victorville, CA 92395)
Recommendation:
That the Honorable City Council take the following actions regarding Residential Rehabilitation Program Case No. 20-16-05:
(1) Approve the Subordination Agreement; and
(2) Authorize the execution of the Subordination Agreement by the Deputy City Manager.
5. Notice of Completion - Industrial Boulevard and Silica Drive Improvement Recommendation:
That the Honorable City Council accept as complete and approve the Notice of Completion for the Industrial Boulevard and Silica Drive Improvement.
6. Securities Substitution for Tract Map No. 17316
Recommendation:
That the Honorable City Council:
(1) Enter into a Subdivision Improvement Agreement with Richmond American Homes of Maryland, Inc.;
(2) Accept new securities for the outstanding public improvements; (3) Release the existing Subdivision Improvement Agreement with American Housing Group, Inc.; and
(4) Release the existing securities with American Housing Group, Inc.
7. CIP Year End Report
Recommendation:
That the Honorable City Council receive and file this report.
8. Fiscal Year 2021-2022 Senate Bill-165 Annual Report for Community Facilities District No. 2018-001 (Victorville Lead Track)
Recommendation:
The City Council receive and file the Fiscal Year 2021-2022 Senate Bill 165 Annual Report for Community Facilities District No. 2018-001 (Victorville Lead Track) pursuant to the Local Agency Special Tax and Bond Accountability Act.
9. Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify the Payroll Demand Schedule No. 5B for Payroll Period November 12, 2021 through November 26, 2021, in the amount of $1,827,831.12 covering Check Nos. 32574 through Nos. 32588, including Vendor checks. Please note employee Check No. 32578 has a live Check and an EFT Advice. Also included are Advice Nos. 282885 through 283327, per adopted budget for Fiscal Year 2021-2022 period covering July 1, 2021 through June 30, 2022. Please note this payroll includes Sick Leave Yearly Payoff and Stability Pay, item 10, adoption of Benefits Resolution No. 21-052 (Attachment B), with an approval at the June 15, 2021 meeting (Attachment C).
10. Commercial Demand Schedule No. 12
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 12 in the amount of $4,667, 136.11, covering Electronic Fund Transfers No. 328102 through 328223 and Warrant No. 783840 through 783990 for 12/01/2021 through 12/08/2021 and Wire Transfers dated 12/03/2021, per the adopted budget for Fiscal Year 2021-2022 for the period covering July 1, 2021 through June 30, 2022.
11. Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify the Payroll Demand Schedule No. 6A for Payroll Period November 26, 2021 through December 10, 2021, in the amount of $1,525,041.03 covering Check Nos. 32589 through Nos. 32607, including Vendor checks. Please note employee Check No. 32594 has a live Check and an EFT Advice. Also included are Advice Nos. 283328 through 283769, per adopted budget for Fiscal Year 2021-2022 period covering July 1, 2021 through June 30, 2022.
12. Commercial Demand Schedule No. 13
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 13 in the amount of $13,570,926.80, covering Electronic Fund Transfers No. 328224 through 328439 and Warrant No. 783991 through 784147 for 12/15/2021 through 12/22/2021 and Wire Transfers dated 12/17/2021, per the adopted budget for Fiscal Year 2021-2022 for the period covering July 1, 2021 through June 30, 2022.
13. Second Reading of Ordinance No. 2423
Recommendation:
That the City Council adopt, by second reading, Ordinance No. 2423 adopting an amendment to the Old Town Specific Plan with an environmental finding of previously assessed to allow for studio efficiency residential units at a minimum size of 320 square feet on property larger than 15,000 net square feet generally located north of Mojave Drive, south and east of Interstate I- 15 and west of Stoddard Wells Road.
Questions and comments ensued
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Irving
Seconded: Councilmember Becerra
Motion passes 4-0
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones
WRITTEN COMMUNICATIONS
14. Standard Lease Agreement for Building 744 by and between the Southern California Logistics Airport Authority and International Aerospace Coatings, Inc Recommendation:
That the Southern California Logistics Airport Authority ("SCLAA") Board of Directors:
(1) approve entering into a Standard Lease Agreement for Building 744 ("Agreement"), by and between the SCLAA and International Aerospace Coatings, Inc. ("IAC"); and (2) authorize the Airport Director to execute said Agreement.
Questions ensued
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Irving
Seconded: Councilmember Becerra
Motion passed 4-0
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones Resolution No. 22-001 Appointing a Voting Delegate and Alternate to the Public Entity Risk Management Authority (PERMA)
Recommendation:
That Your Honorable City Council adopt Resolution No. 22-001 appointing a voting delegate and alternate to the PERMA.
Questions ensued
Motion was made to approve staff recommendation
Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving
Motion passed 3-1
Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez
16. CalRecycle Waste Tire Amnesty Grant Acceptance
Recommendation:
That the Honorable City Council:
(1) Adopt Resolution No. 22-003 to authorize acceptance of the CalRecycle Waste Tire Amnesty Grant and authorize the City Manager or his designee to process all documents required for program administration; and
(2) Ratify the associated expenditure plan.
Questions ensued
Motion was made to approve staff recommendations
Moved: Councilmember Gomez
Seconded: Mayor Pro Tem Irving
Motion passed 4-0
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones
17. Approval for Purchase of GE LED Traffic Signal Light Bulbs Recommendation:
That the Honorable City Council approve the purchase of GE LED traffic signal light bulbs from Jam Services, Inc., in the amount of $98,353.50.
Questions ensued
Motion was made to approve staff recommendation
Moved: Councilmember Becerra
Seconded: Councilmember Gomez
Motion passed 4-0
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones
18. La Mesa / Nisqualli Interchange 404 Permit Compliance Mitigation Site Coordination Recommendation:
That the Honorable City Council approve Amendment No. 3 to the Consultant / Professional Services Provider Agreement with WSP USA Inc., to increase the compensation by an amount not to exceed of $42,659 for the La Mesa / Nisqualli Interchange Permit Compliance and Mitigation Site Coordination.
Questions ensued
Motion was made to approve staff recommendation
Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving
Motion passed 4-0
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones
19. Amendment No. 1 to the Consultant/Professional Services Provider Agreement with Interim Shelter Lead Operator - Illumination Foundation
Recommendation:
That the Honorable City Council approve Amendment No. 1 to the Consultant/ Professional Services Provider Agreement with Illumination Foundation for an additional scope of work not to exceed the amount of $199,000.
Questions ensued
Motion was made to approve staff recommendation
Moved: Councilmember Becerra
Seconded Mayor Pro Tem Irving
Comments ensued
Motion passes 4-0
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones
20. Wellness Center Project - Appropriation of Homekey Round 2 Grant Funding and Approval of Amendment No. 1 to the Consultant/Professional Services Provider Agreement with CMC Architects and Engineers
Recommendation:
That the Honorable City Council approve:
(1) Resolution No. 22-009 amending the Fiscal Year 2021-2022 annual budget to reflect an additional appropriation of revenues and expenditures in the amount of $28,004,058 for the Homekey Round 2 grant award (Attachment A); and
(2) Amendment No. 1 to the Consultant/Professional Services Provider Agreement with CMC Architects and Engineers for an additional scope of work increasing the not to exceed the amount by $352,622.80 to $814,172.80 and extending the term of the agreement through September 30, 2023 (Attachment B).
Questions ensued
Motion was made to approve staff recommendations
Moved: Councilmember Becerra
Seconded: Councilmember Gomez
Comments ensued
Motion passed 4-0
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones
21. Law Enforcement Contract #94-909-A-48 and Memorandum of Understanding (MOU) with the Adelanto Elementary School District (AESD) to Fund One (1) School Resource Officer (SRO) Recommendation:
That Your Honorable City Council:
(1) Approve the Forty-Eighth Amendment to Law Enforcement Contract #94-909-A-48 for the period of July1, 2021 through June30, 2022 and authorize the Mayor or her designee to process all documents required for this agreement; and
(2) Approve the Memorandum of Understanding (MOU) by and between the City of Victorville and the Adelanto Elementary School District (AESD) for one (1) School Resource Officer (SRO), and authorize the City Manager or his designee to process all documents required for the agreement.
Questions ensued
Motion was made to approve staff recommendations
Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving
Motion passed 3-0
Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones
Absent: Councilmember Gomez
22. City Manager Reports
City Manager, Keith C. Metzler, reported on a project that was submitted for review on January 11, 2022, which is a 475,000 square foot building that will be built west of, and adjacent to, the Dr. Pepper site and north of the Iron Mountain Development that is currently under construction.
A start date of January 24th was released for construction on Seventh Avenue and Arrowhead Drive, that will include major reconstruction of the road and the addition of bike lanes and sidewalks. The project is expected to last about 6 months.
23. Discussion and Possible Action Regarding Upcoming Agenda Items Mayor Jones moved that Council place on the soonest reasonable agenda, for discussion and possible action, a review of the City's current street sweeping program, as well as an analysis of what the City might do to increase service frequency and effectiveness to provide for a healthier, safer, and more attractive environment for our residents, and then further more explore what role, if any, that Code Enforcement could play in that effort Moved: Mayor Jones
Seconded: Councilmember Becerra
Motion passed 3-0
Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones
Absent: Councilmember Gomez
Mayor Jones moved that, on the soonest reasonable agenda, Council direct the City Manager and City Attorney to review and make recommendations for revisions, as may be necessary, to improve clarity in chapter nine of the City Council Policy and Procedure Manual, that has to do with boards, commissions and agency appointments, for possible adoption by resolution.
Moved: Mayor Jones
Seconded: Councilmember Becerra
Motion passes 3-0
Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones
Absent: Councilmember Gomez
24. Reports from Council Members
Councilmember Becerra presented her reports, speaking on the VVTA meeting.
Mayor Pro Tem Irving presented her reports, wishing everyone a happy and prosperous New Year.
Mayor Jones presented her reports, stating she attended the Dr. Martin Luther King Jr. celebration at Victor Valley College. She thanked Regina Bell, the college, and everyone involved in putting on that event. She spoke of the shooting that took place last week at the Stater Brothers in Victorville and offered condolences to the Dalton and Pope families.
Adjournment
Mayor Jones adjourned the meeting at 9:38 p.m.
ATTEST:
bull
Jennifer Thompson, City Clerk