City Council Chambers
2 ?W% 14343 Civic Drive
Victorville, CA
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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 pm. Closed Session
Tuesday, June 7, 2022 6:00 pm. Regular Session
5:00 pm. 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 pm. Regular Session
Call to Order
Roll Call
Present: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem lrving, 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
Moment of Silence to Remember the 19 Children and Two Teachers killed in the Mass Shooting at Robb Elementary School in Uvalde, TX
Pledge of Allegiance: Lieutenant Bachman
Proclamations/Special Presentations
City Clerk Swearing in of Fire Chief Brian Fallon
City Clerk Presents AgendalRevisions to Agenda
City Clerk announced one (1) revision. Item 3 had revisions to the Discussion section and table headings in the staff report.
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:
Mary Ann State spoke on general items.
Thomas Fleming spoke on general items.
Brendan O’Brien spoke on general items.
Robert Richardson spoke on general items.
Suresh Gautam spoke on general items.
Lydia Marsala spoke on agenda item 17.
Susan Padilla Conwayspoke on agenda item 17.
Blanca Gomes spoke on general items.
Maggie Martin spoke on general items.
PUBLIC HEARING(S)
1. Consideration of Resolution Nos. VWD 22—009 and VWD 22-010 - Resolutions of the Board of Directors of the Victorville Water District making its determination to Fix, Levy, and Collect Standby Charges for Fiscal Year 2022—2023
Recommendation:
That the Honorable Victorville Water District Board of Directors:
(1) Conduct a public hearing, receive testimony for the adoption of proposed Resolution Nos.
VWD 22-009 and VWD 22—010, and Close the public hearing; (2) Approve Resolution No. VWD 22-009 entitled, “A Resolution of the Board of Directors of the Victorville Water District making its determination to Fix, Levy, and Collect Standby Charges for Water Improvement District One for Fiscal Year 2022-2023”; and (3) Approve Resolution No. VWD 22-010 entitled, “A Resolution of the Board of Directors of the Victorville Water District making its determination to Fix, Levy, and Collect Standby Charges for Water Improvement District Two for Fiscal Year 2022—2023”.
Questions ensued
The Chair opened the Public Hearing.
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
Development Impact Fee (DIF) Nexus Studies, Capital Improvement Plan and Annual Reports Recommendation:
The Honorable City Council and Victorville Water District Board of Directors (District Board):
(1) Open and conduct the Public Hearing;
(2) Close the Public Hearing;
(3) Adopt Resolution Nos. 22-045 and VWD 22-005, adopting the Nexus Studies and Capital Improvement Plan related to the Development Impact Fee Program; and (4) Adopt Resolution No. 22-053 approving the annual AB 1600 reports for Fiscal Years 2016- 2017 through 2020—2021 and making the associated five-year findings.
Questions ensued
The Chair opened the Public Hearing
The following people spoke:
DeAndre Valencia spoke in support.
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
Development Impact Fees (DIF) and Capacity Charges — Master Fee Schedule, Implementation Policy and Infrastructure Financing Programs
Recommendation:
The Honorable City Council and Victorville Water District Board of Directors (District Board):
(1) Open and conduct the Public Hearing;
(2) Close the Public Hearing;
(3) Adopt Resolution Nos. 22-050 and VWD 22—007, adopting a Master Fee Schedule for DIF and Capacity Charges and the associated City Council Policy No. CP—22—01 to establish guidelines for implementation, superseding any prior resolutions and policies related to the same;
(4) Adopt Resolution No. 22-051 authorizing the City to join the Statewide Community Infrastructure Program (SCIP); and
(5) Adopt Resolution No. 22-052 authorizing the use of the Bond Opportunities for Land Development (BOLD) program.
Questions ensued
The Chair opened the Public Hearing.
The following people spoke:
Jennifer spoke in support.
DeAndre Valencia spoke in support.
The Chair Closed the Public Hearing
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
City Council Resolution No. 22—055 Adopting a City-Wide Comprehensive User Fee Study and Master User Fee Schedule and Victorville Water District Resolution No. VWD—22—008 Adopting Water District Related Portions of Said Study and Fee Schedule Recommendation:
That the Honorable City Council and Victorville Water District Board of Directors:
(1) Open and conduct the Public Hearing,
17. (2) Close the Public Hearing,
(3) Adopt Resolution No. 22—055 thereby adopting a city-wide comprehensive user fee study and adopting a comprehensive master user fee schedule establishing and amending certain service and development—related fees for City services; and adopt Resolution No. VWD—22—OO8 thereby adopting the water district fee related portions of a City-wide comprehensive user fee .study and adopting the water district related portions of a comprehensive master user fee schedule establishing and amending certain service and development-related fees for water district services, respectively.
Questions ensued
The Chair opened the Public Hearing
The Chair Closed the Public Hearing
Motion was made to approve staff recommendations
Moved: Counéilmember Becerra
Seconded: Mayor Pro Tem Irving
Comments ensued
Motion passed 3-1
Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez
The Chair moved item 17 before the Consent Calendar out of consideration for the audience.
Consultant/Professional Services Provider Agreement and Sublease Agreement with High Desert Homeless Services, Inc. as Lead Operator of the Interim Homeless Shelter at the Westwinds Sports Center
Recommendation:
That the Honorable City Council, also serving as the Southern California Logistics Airport Authority Board of Directors, take the following actions:
(1)Approve a Consultant/Professional Services Provider Agreement with High Desert Homeless Services, Inc. for an initial term through June 30, 2023 to operate the Interim Homeless Shelter at the Westwinds Sports Center in an amount not to exceed $2,041,119.00; and
(2) Adopt Resolution No. 22—048 authorizing a no cost sublease of the Westwinds Sports Center to High Desert Homeless Services, tnc. to coincide with the operations of the Interim Homeless Shelter, finding the sublease to be for the common benefit and protection of health, safety and welfare of the City, subject to final review and non—substantive Changes by the City Manager and City Attorney.
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 The Chair called a recess at 8:03 pm.
Recess concluded at 8:14 pm.
CONSENT CALENDAR
Notice of Completion for Meter Endpoints Installation Services, Project No. C022-014 Recommendation:
That the Honorable Victorville Water District Board of Directors (Board) accept as complete the Meter Endpoints Installation Services and authorize the execution of the Notice of Completion by the Director of Public Works and Water.
Second Reading of Ordinance No. 2428
Recommendation:
That the City Council adopt, by second reading, Ordinance No. 2428 amending Section
2.16.020 of Chapter 2.16 of the Victorville Municipal Code, for the purpose of adjusting the salaries of the members of the Victorville City Council.
Commercial Demand Schedule No. 22
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 22 in the amount of $3,795,163.70, covering Electronic Fund Transfers No. 330127 through 330244 and Warrant No. 785651 through 785822 for 05/11/2022 through 05/18/2022 and Wire Transfers dated 05/16/2022 through 05/20/2022, per the adopted budget for Fiscal Year 2021-2022 for the period covering July 1, 2021 through June 30, 2022.
Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify the Payroll Demand Schedule No. 108 for Payroll Period April 01, 2022 through April 15, 2022, in the amount of $1,585,868.55 covering Check Nos. 32747 through Nos. 32767, including Vendor checks. Please note employee Check Nos. 32754 has a live Check and an EFT Advice. Also included are Advice Nos. 287316 through 287760, per adopted budget for Fiscal Year 2021—2022 period covering July 1, 2021 through June 30, 2022.
10. 11.
12. 13.
14. 15.
Reduction of Public Improvement Securities for Case Nos. EROW20—00087 & BLDC18—00108 Recommendation:
That the Honorable City Council:
(1) Accept the public improvements for maintenance; and (2) Approve a reduction of 80% for the public improvement securities.
Tract Map No. 16719 Security Release
Recommendation:
That the City Council:
(1) Approve an 80% Release of the Street Faithful Performance Security for Tract Map No. 16719, Case No. EROW20—00027; and
(2) Accept the completed Street Improvements.
Tract Map No. 16774 Securities Release
Recommendation:
That the Honorable City Council approve a 60% Release of the Water, Drainage, Sewer, Streets, and Landscaping Maintenance Assessment District’s Faithful Performance Securities for Tract Map No. 16774.
Full Release of Labor & Materials Securities for Case No. EROW20—OO109/BLDC20~00057 Recommendation:
That the Honorable City Council approve the full release of the Labor & Materials securities for case EROW20-00109/BLDC20—00057.
Assessment District Audit Findings
Recommendation:
That the Honorable City Council receive and file the recently completed Audit Reports for the City’s 15 Assessment Districts.
Electric Facilities Contract — Lot 19
Recommendation:
That the Honorable City Council accept and approve an Electric Facilities Contract with Protogis, Inc., and authorize execution by the City Manager.
Settlement Agreement between the City of Victorville and Hong Keng Zheng Recommendation:
That the Honorable City Council approve the Citation Settlement Agreement by and between Hong Keng Zheng and the City of Victorvitle in regard to Citation No. 23358 and Superior Court Case No. CIVSBZ105994, and authorize the City Manager to sign the Citation Settlement Agreement.
Motion was made to approve staff recommendations for Consent Calendar items 5 through 15
16. 18.
Moved: Mayor Pro Tem Irving
Seconded: Councilmember Gomez
Motion passed 4—0
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones
WRITTEN COMMUNICATIONS
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 Victorvilte 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
Comments ensued
Motion passed 3-1
Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez
Project Proposal to California Transportation Commission for Local Streets and Roads Funding for Fiscal Year 2022-2023
Recommendation:
That the Honorable City Council:
(1) Adopt Resolution No. 22-054 approving the Bear Valley Road (Amethyst Road to US—395) Project for submittal to the California Transportation Commission (CTC) to be eligible to receive Local Streets and Roads Funds for Fiscal Year 2022-2023; and (2) Authorize staff to submit this project proposal to the California Transportation Commission.
19. 20.
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
The Chair called a recess at 8:33 pm.
Recess concluded at 8:38 pm.
Wellness Center Project ~ Amendment to Agreement with Connect Homes for Community Buildings
Recommendation:
That the Honorable City Council approve Amendment No. 1 to the General Services Provider Standard Agreement with Connect Homes for community buildings for the Victorville Wellness Center in an amount not to exceed of $3,385,515.00 and authorize the City Attorney to make non—substantive revisions to the agreement as necessary prior to the Mayor’s execution thereof.
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 Vacation of Vehicular Access Restrictions along Bear Valley Road Recommendation:
That the Honorable City Council adopt the attached Resolution No. 22-056 to vacate portions of vehicular access rights along Bear Valley Road.
Questions ensued
Motion was made to approve staff recommendation
21. 22.
Moved: Councilmember Becerra
Seconded: Mayor Pro Tem lrving
Comments ensued
Motion passed 4-0
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones Fifth Amendment to the General Services Provider Standard Agreement by and Between the Southern California Logistics Airport Authority and Mission Ambulance, Inc. DBA Mission Aviation Fire—Rescue for Aircraft Rescue & Fire Fighting (ARFF) Services Recommendation:
That the Southern California Logistics Airport Authority (“SCLAA”) Board of Directors:
(1) Approve Amendment 5 to the General Services Provider Standard Agreement by and between the Southern California Logistics Airport Authority and Mission Ambulance, Inc. DBA Mission Aviation Fire—Rescue for Aircraft Rescue & Fire Fighting (ARFF) Services, Project BM18—061, increasing the compensation by $100,000; and
(2) Adopt Resolution No. SCLAA 22—010 amending the fiscal year 2021/2022 budget by increasing expenditures to Fund 450 by $100,000 and increasing revenue by $115,000.
Questions ensued
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Irving
Seconded: Councilmember Becerra
Comments ensued
Motion passed 4—0
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones First Amended and Restated Interfund Loan Agreement between the City of VictorviHe Development Impact Fee Building Fund and various City of Victorville Contributing Development Impact Fee Funds
Recommendation:
That the Honorable City Council approve the First Amended and Restated tnterfund Loan Agreement between the City of Victorvilte Development Impact Fee Building (DIF) Fund and various City of Victorville contributing DIF Funds.
Questions ensued
Motion was made to approve staff recommendation
23. 24.
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
Consideration of providing public comment to the State Assembly Members and Senators in support of Cal Cities’ request to use the state's historic surplus to allocate $1.6 billion for programs that achieve shared city and state goals for housing and climate resiliency, as well as reimburse cities for unfunded, state-mandated programs
Recommendation:
That the Honorable City Council authorize the Mayor to submit a letter to all Assembly Members and Senators in support of requesting the state's historic surplus to allocate $1.6 billion for programs that achieve shared city and state goals for housing and climate resiliency, as well as reimburse cities for unfunded, state—mandated programs.
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 Cancellation of the July 5, 2022 regular City Council meeting Recommendation:
Any action is at the discretion of Your Honorable City Council.
Questions ensued
Motion was made to cancel the July 5, 2022, meeting
Moved: Mayor Pro Tem Irving
Seconded: Councilmember Becerra
Motion passed 4—0
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones
25. 26.
27. City Manager Reports
City Manager, Keith C. Metzler, announced the summer reading program will be held from July 11th to the 23rd at the Victorville City Library at no charge.
Fireworks enforcement is in full effect by the Victorville Police, Code Enforcement, Animal Control and Fire Prevention. Information can be found under the City of Victorville portal.
Discussion and Possible Action Regarding Upcoming Agenda Items A motion was made to direct staff to provide an update regarding affordable housing in Old Town for the June 21st Agenda.
Moved: Mayor Pro Tem lrving
Seconded: Councilmember Becerra
Ayes: Councilmember Gomez, Councilmember Becerra, Mayor Pro Tem lrving, Mayor Jones A motion was made to direct City Manager Keith C. Metzler to meet with the new school board superintendent and bring an information only update to City Council at the second meeting in August.
Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving
Ayes: Councilmember Gomez, Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones A motion was made to direct staff to provide an update on the status of the old town street lighting at the July 19th meeting.
Moved: Mayor Jones
Seconded: Councilmember Becerra
Ayes: Councilmember Gomez, Councilmember Becerra, Mayor pro Tem lrving, Mayor Jones Reports from Council Members
Councilmember Gomez presented her reports, speaking on her involvement with the general public and continues to be active in the community.
Mayor Pro Tem Irving presented her reports, congratulating the new Fire Chief, Brian Fallon, and wishing a Happy Father’s Day to all the fathers, a Happy Juneteenth, and congratulated her colleagues for a great meeting.
Mayor Jones presented her reports, speaking on her attending several meetings this month, being a judge for the Victorville sings event, and participating in the ribbon cuttings for the HD Training Center as well as the Guiding Light Foster Family agency.
Adjournment
Mayor Jones adjourned the meeting at 9:36 pm.
ATTEST:
Jenn :’ Th
ompson, City Clerk