City Council Chambers
Victorille 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, July 19, 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 Item A.
Maggie Martin spoke.
Declaration of Closed Session Items) by City Attorney
City Attorney Andre de Bortnowsky announce two (2) closed session items as set forth on the agenda.
CITY COUNCIL
A. Public Employee Performance Evaluation Pursuant to Government Code Section 54957(b):
Position Title: City Manager
B. Conference With Legal Counsel - Anticipated Litigation Pursuant To Government Code Section 54956.9
Based On Advice Of Legal Counsel And Existing Facts And Circumstances, A Point Has Been Reached In The Opinion Of The City Council That The City Is Facing Significant Exposure To Litigation (Government Code Section 54956.9(D)(2)).
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 announce two (2) Closed Session items as set forth on the agenda.
The Closed Session items were not concluded. They will be concluded at the conclusion of the Regular Session. To the extent there is reportable action at that time, it will be reported at that time.
Invocation: Pastor Diondre McBride of Sunrise Church
Pledge of Allegiance: Lieutenant Visosky
Proclamations/Special Presentations
Presentation recognizing Dr. Ron Williams for his decade of service to the Victor Valley Union High School District
City Clerk Swearing in of Engineer Omar Maciel
City Clerk Swearing in of Fire Captain Timothy Ortiz
City Clerk Swearing in of Fire Captain Matt Altman
City Clerk Presents Agenda/Revisions to Agenda
City Clerk announced three (3) revisions. Item 1 had corrections to the Proposed Property Tax Assessments, Item 2 had corrections to the Proposed Property Tax Assessments, and Item 13 had rate substitutions for the City-Wide Street Widening Assessment Engineering 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:
Lenear Brown spoke on general items.
Octavia Brown spoke on general items.
Marisa Dawson spoke on general items.
Rene Marsh spoke on general items.
Charles Cormier spoke on general items.
Darilyn Nellis spoke on general items.
Brendan O'Brien spoke on agenda item 23.
Blanca Gomez spoke on general items.
A&J Capital spoke on general items.
Tom Fleming spoke on general items.
Kareema Abdul spoke on general items.
Alex Verba spoke on general items.
Maggie Martin spoke on general items.
PUBLIC HEARING(S)
1. Adoption of Resolution No. 22-046 - Annual Assessments for Unpaid Rubbish Collection, Sewer Use Fees, Storm Drain Fees, Hazardous Waste Fees, and/or Assembly Bill 939 Recycling Fees Recommendation:
That the City Council:
(1) Open and Conduct the Public Hearing;
(2) Close the Public Hearing; and
(3) Adopt Resolution No. 22-046 confirming the annual assessments for unpaid rubbish collection fees, sewer use fees, storm drain fees, hazardous waste fees, and/or Assembly Bill 939 recycling fees.
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 4-0
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones
2. Adoption of Resolution No. VWD 22-006 - Annual Assessments for Unpaid Water Fees Recommendation:
That the Water District Board of Directors:
(1) Open and Conduct the Public Hearing;
(2) Close the Public Hearing; and
(3) Adopt Resolution No. VWD 22-006 confirming the annual assessments for unpaid water fees.
Questions ensued
The Chair opened the Public Hearing.
The following people spoke:
Tom Flemming 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 4-0
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones
CONSENT CALENDAR
3. Commercial Demand Schedule No. 24
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 24 in the amount of $7,977,675. 14, covering Electronic Fund Transfers No. 330458 through 330668 and Warrant No. 785983 through 786203 for 06/08/2022 through 06/15/2022 and Wire Transfers dated 06/03/2022 through 06/17/2022, per the adopted budget for Fiscal Year 2021-2022 for the period covering July 1, 2021 through June 30, 2022.
4. Second Reading of Ordinance No. 2430
Recommendation:
That the City Council adopt, by second reading, Ordinance No. 2430 allowing a Development Agreement for a term of one year, case PLAN22-00012, between the City of Victorville and SLPR, LLC in connection with Tentative Tract Map 14525, A 319 lot single family residential subdivision that was previously approved and environmentally assessed.
5. Securities Substitution for Tract Map No. 16677
Recommendation:
That the City Council:
(1) Enter into a Subdivision Improvement Agreement with Mojave HM, LLC.; (2) Accept the Improvement Securities;
(3) Release the existing Subdivision Improvement Agreement with Canterbury Hills, LLC.; (4) Release the existing Utility Surety Agreement with Canterbury Hills, LLC.; and (5) Release the existing Securities.
6. VMUS Operating Result Report for FY 2022 - Quarter 3 Recommendation:
That the Honorable City Council review and file this report.
7. Commercial Demand Schedule No. 1
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 1 in the amount of $15,851,878.36, covering Electronic Fund Transfers No. 330669 through 330937 and Warrant No. 786204 through 786447 for 06/22/2022 through 07/06/2022 and Wire Transfers dated 06/23/2022 through 07/06/22, per the adopted budget for Fiscal Year 2021-2022 for the period covering July 1, 2021 through June 30, 2022 and Fiscal Year 2022-2023 for the period covering July 1, 2022 through June 30, 2023.
8. Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify the Payroll Demand Schedule No. 11B for Payroll Period May 13, 2022 through May 27, 2022, in the amount of $1,699, 117.97 covering Check Nos. 32802 through Nos. 32828, including Vendor checks. Please note employee Check Nos. 32805 and 32807 have a live Check and an EFT Advice. Also included are Advice Nos. 288650 and 288654 through 289096, per adopted budget for Fiscal Year 2021-2022 period covering July 1, 2021 through June 30, 2022.
9. Gas Facilities Contract - Lot 19 and Lot 44 Electric Facilities Contract - Lot 44, Lot 43A and Lot 43B
Recommendation:
That the Honorable City Council accept and approve the Electric and Gas Facility Contracts with Prologis, Inc. and Faring Capital LLC, and authorize execution by the City Manager.
10. Minutes of the May 17, 2022, and June 7, 2022, Regular City Council Meetings and the June 8, 2022, Special City Council Meeting
Recommendation:
That the Honorable City Council approve the minutes of the Regular City Council Meetings held on May 17, 2022, and June 7, 2022, and of the Special City Council Meeting held on June 8, 2022
11. Adoption of Resolution No. 22-070 which clarifies certain terms in Resolution No. 22-035 which declared city-owned properties as "Exempt Surplus Land" Recommendation:
That the Honorable City Council adopt Resolution No. 22-070 confirming that the Assessor Parcel Numbers Listed on Resolution No. 22-035, more specifically known as 0396-131-01, 0396-131-02, 0396-131-03, 0396-131-04, 0396-172-05, 0396-172-06, 0396-172-07 and 0396- 172-08 are collectively known as "Properties" and at times may be referred to as "Property".
Questions and comments ensued
Motion was made to approve staff recommendations for Consent Calendar items 3 through 11 Moved: Mayor Pro Tem Irving
Seconded: Councilmember Becerra
Motion passed, with Councilmember Gomez voting no on item 11 Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez voting no on item 11
WRITTEN COMMUNICATIONS
12. Cancellation of the August 2, 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 August 2, 2022, Regular City Council meeting Moved: Mayor Pro Tem Irving
Seconded: Mayor Jones
Comments ensued
Motion passed 3-1
Ayes: Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Becerra
13. Annual Confirmation of Maintenance Assessment Districts for Fiscal Year 2022/2023 Recommendation:
That the Honorable City Council:
(1) Approve Resolution Nos. 22-074, 22-077, 22-080, and 22-083 authorizing to initiate proceedings for the annual levy of assessments for the Drainage Facilities Assessments Districts, Landscaping Maintenance Assessment Districts, Maintenance Assessment Districts, and the City-Wide Streetlight Assessment District for Fiscal Year 2022/2023; (2) Approve Resolution Nos. 22-075, 22-078, 22-081, and 22-084 preliminarily approving the consolidated Engineer's Reports filed in support of the levy of assessments for Fiscal Year 2022/2023; and
(3) Approve Resolutions Nos. 22-076, 22-079, 22-082, and 22-085 declaring its intention to levy the maintenance assessment districts for Fiscal Year 2022/2023 and setting a Public Hearing date of August 2, 2022 or at a special meeting in which the time and date will be determined by the City Council.
Questions ensued
The Chair called a recess at 8:17 p.m.
Recess concluded at 8:30 p.m.
Motion was made to approve staff recommendations on points 1, 2, and 3 with the understanding that point 3 Public Hearing will not be held on August 2, 2022, or at a special meeting, but rather be adjourned to a Regular Meeting to be head on August 3, 2022, at 5:00 p.m.
Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving
Motion passed 4-0
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones
14. Award of two (2) General Services Provider Agreements for the Annual Supply of Water Treatment Chemicals
Recommendation:
That the Honorable Victorville Water District Board of Directors approve the award of two (2) General Services Provider Agreements to Univar Solutions Inc. (Univar) in the amount of $216,587.84, and to Pennco Inc. (Pennco) in the amount of $35,727.20 for the Annual Supply of Water Treatment Chemicals (Project #CC22-102), for a total amount not to exceed $252,315.04.
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
15. Household Hazardous Waste Collection Agreement between the City of Victorville and the San Bernardino County Fire Protection District
Recommendation:
That the Honorable City Council approve the five-year contract with the San Bernardino County Fire Protection District in the amount of $761,019.36 for household hazardous waste disposal services from September 11, 2022, through June 30, 2027.
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
16. Request to approve award to American Landscape & Maintenance, Inc., for landscape maintenance services in Landscape Maintenance Assessment Districts (LMADs), Drainage Facilities Assessment Districts (DFADs), and Maintenance Assessment Districts (MADs) Recommendation:
That the Honorable City Council approve the award to American Landscape & Maintenance, Inc., for landscape maintenance services in LMADs, DFADs, and MADs in the not-to-exceed amount of $780,995.00.
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
17. Wellness Center Project - Phase 1 Supplemental Work Orders Recommendation:
That the Honorable City Council:
(1) Approve supplemental work orders nos. 1 through 4 resulting in an increase not to exceed $563,127.02 (in addition to a previous increase of $200,000.00) for the Wellness Center Phase 1 construction contract.
(2) Approve Amendment No. 1 to the cooperative agreement with VVWRA to increase the not to exceed amount to $893,895.73 and authorize the City Attorney to make non-substantive revisions to the amendment.
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. Initiate the Annexation of Tract No. 20275 into Drainage Facilities Assessment District No. 1 and Landscape Maintenance Assessment District No. 6
Recommendation:
That the City Council:
(1) Approve Resolution No. 22-031 to initiate proceedings to annex Tract No. 20275 into Drainage Facilities Assessment District No. 1;
(2) Approve Resolution No. 22-062 to initiate proceedings to annex Tract No. 20275 into Landscape Maintenance Assessment District No. 6;
(3) Approve Resolution No. 22-063 to preliminarily approve the Drainage Facilities Assessment District No. 1 Engineer's Report;
(4) Approve Resolution No. 22-071 to preliminarily approve the Landscape Maintenance Assessment District No. 6 Engineer's Report; and
(5) Approve Resolution Nos. 22-072 and 22-073 setting a public hearing date of September 6, 2022.
Questions ensued
The Chair muted Councilmember Gomez's microphone at 9:13 p.m.
The Chair unmuted Councilmember Gomez at 9:14 p.m.
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
19. On-Call Water Engineering Services - Agreement with Water Systems Consulting, Inc.
Recommendation:
That the Honorable Victorville Water District Board of Directors approve the Consultant/Professional Services Provider Agreement with Water Systems Consulting, Inc., in an amount not to exceed of $236,610.00 for performing water feasibility studies, water supply assessment studies, and general water planning assistance.
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 Motion was made to consider items 20 and 21 concurrently Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving
Motion passed 3-1
Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez
20. Purchase of New Data Backup and Cyber Recovery Infrastructure Recommendation:
That the Honorable City Council award the purchase of new Dell PowerProtect data backup hardware and software, and PowerProtect Cyber Recovery Vault hardware and software to The ReDesign Group in the amount not to exceed $1,047, 154.55.
21. Purchase of New Cisco Switches for Remote City Facilities Recommendation:
That the Honorable City Council award the purchase of 35 new Cisco Catalyst 9300L switches and accompanying hardware, software, cables, and installation services to replace existing switches that are out of support to Logicalis, Inc. in the amount not to exceed $275,581,64.
Questions ensued
Motion was made to approve staff recommendations for items 20 and 21 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
22. High Desert Corridor Joint Powers Agency
Recommendation:
That Your Honorable City Council:
(1) Adopt Resolution No. 22-030 approving the Joint Powers Agreement Creating the High Desert Corridor Joint Powers Agency between the County of Los Angeles, Los Angeles County Metropolitan Transportation Authority, City of Adelanto, City of Lancaster, City of Palmdale, and City of Victorville; and
(2) Appoint a Councilmember to the Board of Directors of the High Desert Corridor Joint Powers Agency; and
(3) Appoint a second Councilmember as an alternate delegate to the Board of Directors of the High Desert Corridor Joint Powers Agency.
Questions ensued
Motion was made to adopt point 1 of staff recommendations.
Moved: Mayor Jones
Seconded: Mayor Pro Tem Irving
Comments ensued
Motion passed 4-0
Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones The Chair opened the nomination period for primary delegate.
Councilmember Becerra and Councilmember Gomez were nominated.
The Chair closed the nomination period for primary delegate.
A vote was taken in which Councilmember Becerra, Mayor Pro Tem Irving, and Mayor Jones voted in favor of declaring Councilmember Becerra the primary delegate, with Councilmember Gomez voting for herself.
Councilmember Becerra received majority vote and is thereby declared the primary delegate.
The Chair opened the nomination period for alternate delegate.
Mayor Jones and Councilmember Gomez were nominated.
The Chair closed the nomination period for alternate delegate.
A vote was taken in which Councilmember Becerra, Mayor Pro Tem Irving, and Mayor Jones voted in favor of declaring Mayor Jones the alternate delegate, with Councilmember Gomez voting for herself
Mayor Jones received majority vote and is thereby declared the alternate delegate.
23. Old Town Street Lighting Update
Recommendation:
That the Honorable City Council receive and file this report.
Motion was made to adjourn item 23 to the August 3, 2022, meeting at 5 p.m.
Moved: Councilmember Becerra
Seconded: Mayor Jones
Questions and comments ensued
Motion passes 3-1
Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez
Motion was made to forgo Agenda item 26
Moved: Mayor Jones
Seconded: Councilmember Becerra
Comments ensued
A substitute motion was made to forgo Agenda item 26 and have item 24, City Manager Reports, emailed to Councilmembers
Moved: Mayor Pro Tem Irving
Seconded: Councilmember Becerra
Comments ensued
Motion passes 3-1
Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez
24. City Manager Reports
To be emailed to Councilmembers per the substitute motion of item 23
25. Discussion and Possible Action Regarding Upcoming Agenda Items A motion was made to receive a report during the first Council meeting in September regarding Councilmembers providing proof of residency and confirmation of the district they live in.
Moved: Councilmember Becerra
Seconded: Mayor Jones
Comments ensued
Motion passes 3-1
Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez
A motion was made to have a traffic streetlight survey conducted and brought before Council during the next City Council meeting, for discussion and possible action.
Moved: Councilmember Gomez
Seconded: Mayor Pro Tem Irving
Motion failed 2-2
Ayes: Councilmember Gomez and Mayor Pro Tem Irving
Noes: Councilmember Becerra and Mayor Jones
26. Reports from Councilmembers
Forgone per the substitute motion of item 23
The Chair called a recess back into Closed Session to continue item A and take up item B at 9:57 p.m.
Recess concluded at 10:45 p.m.
City Attorney Andre de Bortnowsky announced two (2) closed session items as set forth on the agenda.
Item A - Public Employee Performance Evaluation Related to the City Manager.
City Council took a vote of 3-1, with Councilmember Gomez voting no, to extend Mr. Metzler's contract to June 30th, 2030, and to bring the contract back to the next regular scheduled meeting and at that point discuss compensation amounts related thereto.
Item B - Anticipated Litigation
On a vote of 2-1, with Councilmember Gomez being absent and Mayor Pro Tem Irving voting no, the Council authorized limited waivers of the attorney-client privilege and the closed session privilege with respect to the upcoming criminal proceedings against Ms. Gomez in her case by the people of California vs. Ms. Gomez.
That concludes the reportable actions at this time, with respect to both Closed Session items.
Adjournment
The Chair adjourned the meeting at 10:47 p.m. to an Adjourned Regular meeting to be held on Wednesday, August 3, 2022, at 5:00 p.m. to take up items 13 and 23 on this agenda.
ATTEST:
Jennifer Thompson, City Clerk