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Minutes

Victorville City Council
April 5, 2022

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Minutes
Meeting
April 5, 2022
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Victorville City Council
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City Council Chambers
Victoritle 14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
ORNIA

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, April 5, 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
Public Comments for Closed Session Items
None
Declaration of Closed Session Item(s) by City Attorney
City Attorney Andre de Bortnowsky announced three (3) closed session items as set forth on the agenda.

CITY COUNCIL
A. Conference with Legal Counsel- Existing Litigation
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations) 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) Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call

Present: Councilmember Becerra, Councilmember 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 three (3) closed session items as set forth on the agenda. There were no reportable actions with respect to these items.

Invocation: Mayor Jones
Pledge of Allegiance: Police Captain John Wickum
Conflict of Interest Declarations
There were no conflicts of interest reported.

Introduction to Public Comments
Mayor Jones provided an opening statement regarding public comments.

City Clerk Presents Agenda/Revisions to Agenda
City Clerk announced two (2) revisions. Item 20 had revisions to the Recommendation Section of the staff report and Attachment A as well as an added attachment, Attachment C. Item 21 had revisions made to the Staff Report with the inclusion of a new attachment, Attachment C.

Additional revisions were announced by Mayor Jones. The order of the meeting was modified to have the Presentation/Proclamation Section follow Item 18.

Public Comments
The following people spoke:

DeAnn Hudgens spoke on general items.

Maggie Martin spoke on general items.

OnePlus Nord spoke on general items.

PUBLIC HEARING(S)

1. Consideration of Introduction and First Reading of Ordinance No. 2425, adding a New Chapter

6.37 (Mandatory Organic Waste Disposal Reduction) to Title 6 (Health and Safety) of the Victorville Municipal Code and Revising Subsection 16-5.11.050(A) of Title 16, Chapter 5, Article 11 (Green Building Code) of the Victorville Municipal Code Recommendation:

That the Honorable City Council:
(1) Open the Public Hearing;
(2) Take public testimony;
(3) Close the Public Hearing;
(4) Introduce Ordinance No. 2425 for adoption and first reading by title only; and (5) Waive further reading in full of proposed Ordinance No. 2425.

Questions ensued
The Chair opened the Public Hearing.

The following people spoke:

Maggie Martin spoke in opposition.
1st spoke in opposition.

The Chair closed the Public Hearing.

Motion was made to approve staff recommendations
Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving
Comments ensued
Motion passed 3-1
Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez

CONSENT CALENDAR

2. Notice of Completion for the Building 728 Carpet Replacement Project #CC22-028 Recommendation:

That the Honorable Southern California Logistics Airport Authority Board of Directors:
(1) Approve the Notice of Completion for the Building 728 Carpet Replacement Project #CC22- 028, and
(2) Authorize the Airport Director to execute said Notice of Completion.

3. Settlement Agreement between the City of Victorville and Haryadi Gunawan Tjitradjaja Recommendation:

That the Honorable City Council approve the Citation Settlement Agreement by and between Haryadi Gunawan Tjitradjaja and the City of Victorville in regard to Citation No. 25413 and Superior Court Case No. CIVSB2108816.

4. Commercial Demand Schedule No. 18
Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 18 in the amount of $8,744,397.16, covering Electronic Fund Transfers No. 329196 through 329326 and Warrant No. 784831 through 785017 for 03/09/2022 through 03/16/2022 and Wire Transfers dated 03/11/2022, per the adopted budget for Fiscal Year 2021-2022 for the period covering July 1, 2021 through June 30, 2022.

5. Payroll Warrant List
Recommendation:

That the City Council and Board of Directors ratify the Payroll Demand Schedule No. 8B for Payroll Period February 04, 2022 through February 18, 2022, in the amount of $1,556,594.79 covering Check Nos. 32675 through Nos. 32694, including Vendor checks. Please note employee Check Nos. 32677 and 32682 have a live Check and an EFT Advice. Also included are Advice Nos. 285503 through 285943, per adopted budget for Fiscal Year 2021-2022 period covering July 1, 2021 through June 30, 2022.

6. Second Reading of Ordinance No. 2426
Recommendation:

That the City Council adopt, by second reading, Ordinance No. 2426 adopting the zone change portion of Case No. PLAN20-00009, a zone change to reclassify approximately two acres of a 12 acre project site from C-2 general commercial to R-4 very high density residential with a mitigated negative declaration on property located at the southeast corner of Balsam Road and the logical extension of Winona Street.

7. Minutes of the January 18, 2022, February 1, 2022, and February 15, 2022 Regular City Council Meetings
Recommendation:

That the Honorable City Council approve the minutes of the Regular City Council Meetings held on January 18, 2022, February 1, 2022, and February 15, 2022

8. Reduction of Public Improvement Securities for Tract Map No. 20274 Recommendation:

That the Honorable City Council Approve:
(1) A Reduction of 60% for the Water and Sewer Faithful Performance Improvement Securities for Tract Map No. 20274; and
(2) A Reduction of $31,680.06 for the Monumentation Labor & Materials Improvement Securities for Tract Map No. 20274.

9. Security Reduction for Tract Map No. 16684
Recommendation:

That the City Council approve a 60% reduction for Street, Water, Drainage, and Sewer Faithful Performance Securities for Tract Map No. 16884.

10. Securities Substitution for Tract Map No. 14627
Recommendation:

That the Honorable City Council:
(1) Approve a Subdivision Improvement Agreement with CJC Holdings, LLC and El Roi LLC; (2) Accept a Lien Agreement as Improvement Security;
(3) Release the existing Subdivision Improvement Agreement with Kenneth W. Richmond; (4) Release the existing Utility Surety Agreement with Kenneth W. Richmond; and (5) Release the existing Lien Agreement with Aikon Investment Co., LLC.

11. Reduction of Public Improvement Security for Case No. ESUB19-0003 Recommendation:

That the Honorable City Council:
(1) Approve the reduction of 80 percent for the Public Improvements Faithful Performance (2) Accept the Phase I Improvements for maintenance; and (3) Approve a Land Division Construction Improvement Agreement for the Phase I| Improvements.

12. Tract No. 16719 Security Release
Recommendation:

That the Honorable City Council approve the full release of the Landscaping Maintenance Assessment District Improvement Faithful Performance Security for Tract Map No. 16719.

13. Second Reading of Ordinance No. 2427
Recommendation:

That the City Council adopt, by second reading, Ordinance No. 2427 amending subsection

2.28.230(b) of Article IV of Chapter 2.28 (Purchasing System) of the Victorville Municipal Code to modify the vote requirement for adopting resolutions making findings and authorizing exceptions to bidding requirements in limited circumstances.

14. Proposition 68: Per Capita Grant Project Acceptance for Brentwood Park Recommendation:

That the Honorable City Council adopt Resolution No. 22-029 accepting the 2018 Parks Bond Act, Per Capita Grant Program funding for Brentwood Park and increasing the FY21-22 budget for the associated revenue and expenses.

15. Proposition 68: Statewide Park Development & Community Revitalization Grant Acceptance for Eva Dell Park
Recommendation:

That the Honorable City Council Adopt Resolution No. 22-019 accepting the 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Grant for Eva Dell Park and increasing the FY21-22 budget for the associated revenue and expenses.

Questions ensued
Motion was made to approve staff recommendations for Consent Calendar items 2 through 15.

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving
Motion passed, with Councilmember Gomez voting no on items 7 and 13.

Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez voting no on items 7 and 13.

WRITTEN COMMUNICATIONS

16. Resolution No. 22-032 of the City Council of the City of Victorville approving the Amendment No. 3 to Reimbursement Agreement in connection with the extension of the expiry date of the BNP Paribas Letter of Credit and authorizing the taking of any additional actions required in connection therewith
Recommendation:

That the City Council:
(1) Adopt Resolution No. 22-032 approving Amendment No. 3 to Reimbursement Agreement in connection with the extension of the expiry date of the BNP Paribas Letter of Credit between the City of Victorville and BNP Paribas; and
(2) Authorize staff to take any additional actions required in connection therewith.

Questions ensued
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Irving
Seconded: Councilmember Becerra
Comments ensued
Motion passed 3-1
Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez

17. Declaration of Exempt Surplus Land - SCLA Properties Recommendation:

That the City Council:
(1) Adopt Resolution No. 22-028 declaring City-owned Properties as "Exempt Surplus Land" pursuant to the Surplus Land Act, Government Code Section 54221(f)(1)(D) and authorizing the transfer of the Properties to the SCLAA;
(2) Authorize the transmittal of a certified copy of the Resolution to the Housing and Community Development ("HCD") Department, as specified in Section 400(e) of the Surplus Land Act Guidelines; and that the SCLAA Board of Directors
(3) Adopt Resolution No. SCLAA 22-008 accepting the transfer of the Properties owned by the City; and
(4) Authorize the Deputy City Manager and SCLAA's Executive Director to execute related transactional documents
Questions ensued
Motion was made to approve staff recommendations
Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving
Comments ensued
Motion passed 3-1
Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez

18. Pet Assistance and Support Program Grant Application for the Interim Shelter and Wellness Center
Recommendation:

That the City Council adopt Resolution No. 22-027 approving the grant application for the Pet Assistance and Support Program and authorizing the City Manager or designee to process all documents required for program administration.

Questions ensued
Motion was made to approve staff recommendation
Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving
Comments ensued
Motion passed 4-0
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones The Chair permitted Mayor Pro Tem Irving to leave the dais at 7:03 p.m.

Proclamations/Special Presentations
Presentation in recognition of the Rosales Family
A Proclamation declaring April as Alcohol Awareness Month to be presented to the High Desert Community Coalition in recognition of their community advocacy

19. Purchase Agreement by and Between the City of Victorville and the Mustafa Family Trust Recommendation:

That the Honorable City:
(1) Approve the Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate by and between the City of Victorville and the Mustafa Family Trust, for the acquisition of Assessor's Parcel Number (APN) 0396-131-05; and
(2) Authorize the City Manager to execute all transactional related documents to effectuate the acquisition.

Questions ensued
Motion was made to approve staff recommendations
Moved: Councilmember Becerra
Seconded: Mayor Jones
Comments ensued
Motion passed 2-1
Ayes: Councilmember Becerra, Mayor Jones
Noes: Councilmember Gomez

Absent: Mayor Pro Tem Irving
Motion was made to combine items 20 and 21.

Moved: Councilmember Becerra
Seconded: Mayor Jones
Motion passed 2-1
Ayes: Councilmember Becerra, Mayor Jones
Noes: Councilmember Gomez

Absent: Mayor Pro Tem Irving

20. Wellness Center - Agreement with Urban Bloc
Recommendation:

That the Honorable City Council approve a Services Provider Agreement with Urban Bloc, Inc., for modular bathrooms for the Victorville Wellness Center in an amount not to exceed $1,300,602.00 and authorize the City Attorney to make non-substantive revisions to the agreement

21. Wellness Center Project - Agreement with Connect Homes Recommendation:

That the Honorable City Council approve a Services Provider Agreement with Connect Homes for shelter units for the Victorville Wellness Center in an amount not to exceed $5,069,607.00 and authorize the City Attorney to make non-substantive revisions to the agreement.

Questions ensued
Motion was made to approve staff recommendations for items 20 and 21.

Moved: Councilmember Becerra
Seconded: Mayor Jones
Comments ensued
Motion passed 2-1
Ayes: Councilmember Becerra, Mayor Jones
Noes: Councilmember Gomez

Absent: Mayor Pro Tem Irving

22. Street Sweeping Program and Service Analysis Presentation Recommendation:

Any action is at the discretion of the City Council.

Questions ensued
Motion was made to give Mayor Jones an additional two minutes for questioning.

Moved: Councilmember Becerra
Seconded: Mayor Jones
Motion passed 3-0
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Jones

Absent: Mayor Pro Tem Irving
Motion was made for Council to direct the City Manager and staff to contemplate any needed expansion and include those needs as part of the budget process for the Council to consider.

Moved: Mayor Jones
Seconded: Councilmember Becerra
Comments ensued
Motion passed 2-1
Ayes: Councilmember Becerra, Mayor Jones
Noes: Councilmember Gomez

Absent: Mayor Pro Tem Irving

23. Discussion and possible action to amend the City Manager's purchasing authority threshold from $50,000 to $250,000
Recommendation:

Any discussion or action will be at the discretion of the Council.

Questions ensued
Mayor Jones called a recess at 8:41 p.m.

Recess concluded at 8:46 p.m.

Mayor Jones called a recess at 8:49 p.m.

Recess concluded at 8:51 p.m.

Motion was made to direct staff to bring this item back to the Council as an Ordinance for approval to increase the City Manager's purchasing authority threshold to $250,000.

Moved: Councilmember Becerra
Seconded: Mayor Jones
Comments ensued
Chair withdrew her second to the motion.

Motion to amend the main motion to reduce the amount from $250,000 to $125,000.

Moved: Councilmember Becerra
Seconded: Mayor Jones
Comments ensued
Motion passed 2-1
Ayes: Councilmember Becerra, Mayor Jones
Noes: Councilmember Gomez

Absent: Mayor Pro Tem Irving
Motion was made to direct staff to bring this item back to the Council as an Ordinance for approval to increase the City Manager's purchasing authority threshold to $125,000.

Moved: Councilmember Becerra
Seconded: Mayor Jones
Comments ensued
Motion passed 2-1
Ayes: Councilmember Becerra, Mayor Jones
Noes: Councilmember Gomez

Absent: Mayor Pro Tem Irving

24. Consideration of proposed revisions to the City of Victorville City Council Policy and Procedure Manual - Chapter 8
Recommendation:

That the Honorable City Council approve moving the revisions to the City of Victorville City Council Policy and Procedure Manual to the May 17, 2022, meeting.

Motion was made to approve staff recommendation.

Moved: Mayor Jones
Seconded: Councilmember Becerra
Comments ensued
Motion passed 3-0
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Jones

Absent: Mayor Pro Tem Irving

25. City Manager Reports
City Manager, Keith C. Metzler, reported the groundbreaking for the Wellness Center will be held on April 20th at 9:30 a.m. at the Wellness Center location, 16902 First St.

The Green Tree and Hesperia Road intersection will be in a red flashing state starting on April 6th while work is being done on the Green Tree extension project. It will be going on for about 6 months.

Spring Festival will be at Hook Park on Saturday, April 16th from 10 a.m. to 2 p.m.

The next Community Clean Up day will be held on Saturday, April 23rd from 8 a.m. to 11:30 a.m., we are recruiting volunteers.

Dutch Brothers is complete and will open shortly.

26. Discussion and Possible Action Regarding Upcoming Agenda Items None

27. Reports from Council Members
Motion was made to forgo item 27.

Moved: Mayor Jones
Seconded: Councilmember Becerra
Motion passed 2-1
Ayes: Councilmember Becerra, Mayor Jones
Noes: Councilmember Gomez

Absent: Mayor Pro Tem Irving
Adjournment
Mayor Jones adjourned the meeting at 9:05 p.m.

ATTEST:
петт well
Debra Jones, Mayo Jennifer Thompson, City Clerk

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