City Council Chambers
Victowille 14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
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, May 3, 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 Items) by City Attorney
City Attorney Andre de Bortnowsky announced two (2) closed session items as set forth on the agenda.
CITY COUNCIL
A. Conference With Labor Negotiators Pursuant to Government Code Section 54957.6 Agency designated representatives: Keith C. Metzler, City Manager Employee Organization: Victorville Professional Firefighters B. Conference With Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(D)(1):
Case Name: Bonnie Kessner, et al. vs. City of Santa Clara, et al.
Case Number: Santa Clara County Sup. Court Case No. 20CV364054 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 two (2) 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
City Clerk Presents Agenda/Revisions to Agenda
City Clerk announced one (1) revision. Item 12 had revisions to pages in Attachment A.
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:
Yvonne Mashack spoke on general items.
Pastor Michael Chandler spoke on general items.
Blanca Gomez spoke on Item 1 and Item 10.
PUBLIC HEARING(S)
1. Consideration of City Council Ordinance No. 2429, Amending Various Sections of Chapter 2.28 (Purchasing System) of the Victorville Municipal Code to Increase the City Manager's Purchasing and Contracting Authority, Revise Related Bidding Thresholds, and make Other Clarifying Changes
Recommendation:
That the Honorable City Council:
(1) Open and conduct the Public Hearing;
(2) Close the Public Hearing;
(3) Introduce Ordinance No. 2429 for adoption and first reading by title only; and (4) Waive further reading in full of proposed Ordinance No. 2429.
Questions ensued
The Chair opened the Public Hearing.
There were no public speakers.
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. Reject all bids and resolicit for an Annual Supply Agreement of Laboratory Testing Services Recommendation:
That the Honorable Victorville Water District Board of Directors:
(1) Reject all bids received and opened for the Annual Supply Agreement for Laboratory Testing, Project #CC22-095 ("Project"); and
(2) Direct staff to resolicit the Project.
3. Substitution of Trustee and Deed of Reconveyance for Residential Curb Appeal Program (RCAP) Case No. 19-01-08 (14627 Prenda St., Victorville, CA 92394) and Acceptance and Reallocation of Associated Program Income Funds
Recommendation:
That City Council take the following actions regarding RCP Case No. 19-01-08:
(1) Approve the Substitution of Trustee and Deed of Reconveyance; (2) Confirm the required termination and release of the original Declaration of Covenants, Conditions and Restrictions (CC&Rs);
(3) Authorize the execution of the Substitution of Trustee and Deed of Reconveyance and the termination and release of the original CC&Rs by the Deputy City Manager; (4) Accept the payoff of the loan receivable to the Residential Rehabilitation Program Income account; and
(5) Adopt Resolution No. 22-026 amending the annual budget for fiscal year 2021-2022 to reallocate the subject $15,900 of Residential Curb Appeal Program funds to the Residential Rehabilitation Program Income account.
4. Quarterly Investment Report as of March 31, 2022
Recommendation:
That the City Council/Board of Directors receive and file the attached Quarterly Investment Report as of March 31, 2022.
5. Settlement Agreement between the City of Victorville and 9Sphere, LLC Recommendation:
That the Honorable City Council approve the Citation Settlement Agreement by and between 9Sphere, LLC and the City of Victorville in regard to Citation No. 26438 and Superior Court Case No. CIVSB2026489.
6. Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify the Payroll Demand Schedule No. 9B for Payroll Period March 4, 2022 through March 18, 2022, in the amount of $1,564,620.33 covering Check Nos. 32712 through Nos. 32729, including Vendor checks. Please note employee Check Nos. 32717 has a live Check and an EFT Advice. Also included are Advice Nos. 286433 through 286877, per adopted budget for Fiscal Year 2021-2022 period covering July 1, 2021 through June 30, 2022.
7. Security Substitution for Tract No. 17179
Recommendation:
That the City Council:
(1) Enter into a Subdivision Improvement Agreement with Evergreen Homes, LLC, a Nevada Limited Liability Company;
(2) Accept securities for street and landscaping improvements for Tract Map No. 17179; (3) Release the existing Subdivision Agreement with American Housing Group-Victorville 15, LLC; and
(4) Release the existing Utility Surety Agreement with American Housing Group-Victorville 15, LLC.
8. Commercial Demand Schedule No. 20
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 20 in the amount of $4,530, 136.80, covering Electronic Fund Transfers No. 329744 through 329874 and Warrant No. 785285 through 785465 for 04/13/2022 through 04/20/2022 and Wire Transfers dated 04/13/2022 through 04/22/2022, per the adopted budget for Fiscal Year 2021-2022 for the period covering July 1, 2021 through June 30, 2022.
9. Minutes of the March 29, 2022, Special City Council Meeting and the April 5, 2022, Regular City Council Meeting
Recommendation:
That the Honorable City Council approve the minutes of the Special City Council Meeting held on March 29, 2022 and of the Regular City Council Meeting held on April 5, 2022 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
WRITTEN COMMUNICATIONS
10. Law Enforcement Contract #94-909-A-49, Memorandum of Understanding with the Victor Valley Union High School District, Victor Elementary School District, and Adelanto Elementary School District to Fund School Resource Officers and Agreement Between the City of Victorville and Macerich Victor Valley, LP
Recommendation:
That the Honorable City Council:
(1) Approve the Forty-Ninth Amendment to Law Enforcement Contract #94-909-A-49 for the period of July 1, 2022 through June 30, 2023 and authorize the Mayor or her designee to process all documents required for this agreement;
(2) Approve the Memorandum of Understanding (MOU) by and between the City of Victorville and the Victor Valley Union High School District, the Victor Elementary School District and the Adelanto Elementary School District for the same period to fund School Resource Officers, and authorize the City Manager or his designee to process all documents required for the agreement; and
(3) Approve the agreement by and between the City of Victorville and Macerich Victor Valley, LP (Macerich) for one Deputy 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
Comments ensued
Motion passed 3-1
Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez
11. Award of Contract to Constant Associates, Inc. for Emergency Operations and Continuity of Operations Plans
Recommendation:
That Your Honorable City Council: (1) Approve the award of contract to Constant Associates, Inc. in the amount not to exceed $129,060.00 for project ES22-043.
Questions ensued
Motion was made to approve staff recommendation
Moved: Councilmember Gomez
Seconded: Mayor Pro Tem Irving
Comments ensued
Motion passed 4-0
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones
12. Industrial Wastewater Treatment Plant - Amendment 13 to Contract with Woodard & Curran, Inc
Recommendation:
That the Honorable City Council approve Amendment No. 13 to the contract with Woodard & Curran, Inc. for operation of the Industrial Wastewater Treatment Plant and authorize the City Attorney to make non-substantive revisions to the amendment.
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
13. Additional appropriation for Electric and Gas Utility Funds in Fiscal Year 2021-2022 Recommendation:
That the Honorable City Council Adopt Resolution No. 22-038 approving an additional appropriation for the Electric Utility Fund and for the Gas Utility Fund in the Fiscal Year 2021- 2022 annual budget.
Questions ensued
Motion was made to approve staff recommendation
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
14. City Manager Reports
City Manager, Keith C. Metzler, announced Victorville Sings auditions start on May 18th from 5:00 p.m. - 9:00 p.m. at the Victorville Activity Center, the cost is $5.00. For information contact the Recreation Department.
Summer Camps are starting June 20th, Hot Tots Camp and Kids Club. For information contact the Recreation Department.
Animal Control vaccination clinics are scheduled for May 14th from 8:00 a.m. to 12:00 p.m. at City Hall.
15. Discussion and Possible Action Regarding Upcoming Agenda Items Motion was made to authorize staff to bring back an item to authorize Council to take a position in support of AB 2836 to be brought before Council at the next Regular City Council Meeting for discussion and possible action.
Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones Motion was made to authorize staff to bring back an item to authorize Council to take a position in opposition to the Western Joshua Tree being declared a threatened or endangered species to be brought before Council at the next Regular City Council Meeting for discussion and possible action.
Moved: Councilmember Becerra
Seconded: Mayor Jones
Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez
16. Reports from Council Members
Councilmember Gomez presented her reports, speaking on always attending to neighbors concerns.
Mayor Pro Tem Irving presented her reports, speaking on attending No Drugs America and giving out free COVID Test Kits. This month, she's acknowledging Asians and Pacific Islanders Heritage Month and a reminder that it is also Mental Health Awareness month.
Mayor Jones presented her reports, speaking on her attending VVWRA and SBCTA meetings and being thankful for Council.
Adjournment
Mayor Jones adjourned the meeting at 7:29 p.m.
ATTEST:
senator Jennis ampson, cry clark
debra Jones, Mayo