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, October 4, 2022 6:00 p.m. Regular Session
5:00 p.m. Closed Session
Call to Order
Roll Call
Present: Council Member Becerra, Council Member 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 one (1) closed session item as set forth on the agenda.
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE 54956.9(D)(1):
Case Name: David Stapleton, as assignee PART LLC. v. Southern California Logistics Airport Authority, et al
Case Number: San Bernardino Superior Court Case No. CIVDS1816606 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 one (1) closed session item as set forth on the agenda. On a vote of 3 to 1 with Councilmember Gomez voting no, the Council, sitting as the Board of Directors of the Airport Authority, has agreed to a settlement with the Stapleton Group in the amount of 2.5 million dollars. They have already signed their settlement intent sheet and the Executive Director of the Airport Authority is authorized on behalf of the Authority to sign those documents when they're finalized.
Invocation: Father Hyacinth Ibeh of St. Joan of Arc Roman Catholic Church Pledge of Allegiance: Police Captain John Wickum
Proclamations/Special Presentations
City Clerk Swearing in of Engineer Rich Gilmartin
City Clerk Swearing in of Engineer Tim Garren
City Clerk Swearing in of Fire Captain Lee Mitchell
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:
Jose Chavez spoke on general items
Stephanie Vida Pazarin spoke on general items
Daniel Perez spoke on general items
First spoke on general items
Councilmember Gomez left the dais at 6:20 p.m.
Councilmember Gomez returned to the dais at 6:21 p.m.
First continued speaking on general items
Maggie Martin spoke on general items
CONSENT CALENDAR
1. Monumentation Security Release for Tract Map No. 15396 Recommendation:
That the Honorable City Council approve the full release of the Monumentation Security for Tract Map No. 15396.
2. Commercial Demand Schedule No. 6
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 6 in the amount of $7,677,912.15, covering Electronic Fund Transfers No. 331672 through 331786 and Warrant No. 787259 through 787372 for 09/07/2022 through 09/15/2022 and Wire Transfers dated 09/08/2022, 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.
3. Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 2B for Payroll Period August 05, 2022, through August 19, 2022, in the amount of $1,833,647.48 covering Check No. 33006 through 33059, including Vendor checks. Please note employee Check No. 33025 has a live Check and an EFT Advice. Also included are Advice Nos. 291403 through 291871, per adopted budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).
Motion was made to approve staff recommendations for Consent Calendar items 1 through 3
Moved: Council Member Gomez
Seconded: Mayor Pro Tem Irving
Motion passed 4-0
Ayes: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones
WRITTEN COMMUNICATIONS
4. Adoption of Resolution No. 22-096 Regarding Overtime Pay for Battalion Chiefs Recommendation:
That the Honorable City Council adopt Resolution No. 22-096, providing overtime pay for Battalion Chiefs.
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Becerra
Seconded: Mayor Pro Tem Irving
Comments ensued
Motion passed 4-0
Ayes: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones
5. Side Letter of Agreement between the City of Victorville and the Victorville Professional Firefighters
Recommendation:
(1) That the Honorable City Council adopt Resolution No. 22-105 Approving a Side Letter of Agreement between the City of Victorville and the Victorville Professional Firefighters and authorize the City Manager to execute said Side Letter; and (2) That the Honorable City Council approve a change to the FY 22-23 Table of Organization.
Questions Ensued
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Irving
Seconded: Council Member Becerra
Motion passed 4-0
Ayes: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones
6. 2022 Conflict of Interest Code
Recommendation:
That the City Council, sitting as the code reviewing body for the City of Victorville, the Southern California Logistics Airport Authority, the Southern California Logistics Rail Authority, the Victorville Library Board of Trustees, the Victorville Water District, the Successor Agency to the Victorville Redevelopment Agency, and the Victorville Joint Powers Financing Authority, adopt Resolution No. 22-100 amending the City's Conflict of Interest Code to update position classification titles, disclosure categories, and filing requirements for all agencies.
Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Pro Tem Irving
Seconded: Council Member Becerra
Comments ensued
Motion passed 4-0
Ayes: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones
7. Purchase and Sale Agreement and Joint Escrow Instructions - Duncan Property Recommendation:
That the Board of Directors of the Victorville Water District:
(1) Approve the Purchase and Sale Agreement and Joint Escrow Instructions ("PSA") between San Bernardino County (the "County") and the Victorville Water District (the "District") for the sale of the Duncan Property (the "Duncan Property"); (2) Approve Resolution VWD 22-013 amending the Annual Budget for Fiscal Year 2022-2023 relating to an appropriation of additional revenue; and (3) Authorize the City Manager in his capacity as General Manager of the Victorville Water District, or his designee, to execute the PSA and related escrow documents to effectuate the sale.
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Becerra
Seconded: Mayor Pro Tem Irving
Motion passed 3-1
Ayes: Council Member Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Council Member Gomez
Mayor Jones made a second motion that minor non-substantive changes to the grant deed can be executed by City Manager, Keith C. Metzler.
Moved: Mayor Pro Tem Irving
Seconded: Council Member Becerra
Motion passed 3-1
Ayes: Council Member Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Council Member Gomez
8. Purchase and Sale Agreement and Joint Escrow Instructions - Parks Division Properties
Recommendation:
That the Honorable City Council:
(1) Approve the Purchase and Sale Agreement and Joint Escrow Instructions ("PSA") between the Mojave Water Agency ("MWA" and at times "Buyer") and the City of Victorville for the sale of Accessor Parcel Numbers ("APNs") 3070-401-11, 3070-401-01 and 3070-401-02 ("Properties");
(2) Adopt Resolution No. 22-110 amending the Annual Budget for Fiscal Year 2022-2023 relating to an appropriation of additional revenue; and (3) Authorize the City Manager, or his designee, to execute the PSA and related escrow documents to effectuate the sale.
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Becerra
Seconded: Mayor Pro Tem Irving
Motion passed 3-1
Ayes: Council Member Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Council Member Gomez
9. Wellness Center Project - Phase 1 Supplemental Work Order Recommendation:
That the Honorable City Council approve Supplemental Work Order (SWO) No. 7 resulting in an increase not to exceed $302,968.86 for the Wellness Center Phase 1 construction contract.
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Becerra
Seconded: Mayor Pro Tem Irving
Comments ensued
Motion passed 3-1
Ayes: Council Member Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Council Member Gomez
10. Consideration of proposed City Council Resolution No. 22-111 adopting revisions to the City of Victorville City Council Policy and Procedures Manual Recommendation:
That the Honorable City Council:
(1) Review and Consider the Proposed Revised City Council Policy and Procedures Manual: and
(2) Adopt Resolution No. 22-111.
Questions ensued
Motion was made to approve staff recommendations with the addition of considering that non-compliance will cause the offending Councilmembers to automatically not be considered for attendance at conferences Moved: Council Member Becerra
Seconded: Mayor Pro Tem Irving
Comments ensued
Motion passed 3-1
Ayes: Council Member Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Council Member Gomez
11. City Manager Reports
City Manager Keith C. Metzler discussed an open house event hosted by the Fire Department at Station 315 located at Sunset Ridge Park on Eucalyptus St on October 12th from 5:00 - 7:00 p.m. Members of the public will get the opportunity to learn about fire safety, meet members of the Fire Department, enjoy food and giveaways, view the apparatus, and take a tour of the fire station.
The Victorville City Library is hosting a Baker's Burger book club event from October 3r° to November 19t for ages 4-17 where participants will be able to register, read, and log their reading minutes to be eligible for the Baker's giveaway.
Bear Valley Road over the BNSF Railway, while some lanes were closed, girders were successfully set in place on Thursday, September 29th. Work is going to continue in October on the bridge behind the k-rail and it is anticipated that more lane closures will be needed this month.
The site work for Iron Mountain, the large warehouse building at SCLA, has been filed and signed off
12. Discussion and Possible Action Regarding Upcoming Agenda Items Motion was made by Councilmember Becerra to place an Ordinance in the Municipal Code within 60 days, where non-compliance of Council Policy will result in loss of stipend, benefits, and travel for the offending Councilmembers.
Moved: Council Member Becerra
Seconded: Mayor Jones
Motion fails 2-2
Ayes: Council Member Becerra, Mayor Jones
Noes: Council Member Gomez, Mayor Pro Tem Irving
Motion was made by Councilmember Becerra for staff to research a reimbursement fee that other cities may have, due to the amount of time Public Works, Fire, and the Police Department are spending out in the field for accidents caused by exhibition of speed or DUI.
Moved: Council Member Becerra
Seconded: Mayor Jones
Motion fails 2-2
Ayes: Council Member Becerra, Mayor Jones
Noes: Council Member Gomez, Mayor Pro Tem Irving
Motion was made by Mayor Jones to place on the agenda for the City Manager and City Attorney to revise the Council policies so that there will be a prohibition against taking any electronic items such as telephones, iPads, laptops, etc. into closed session meetings.
Moved: Mayor Jones
Seconded: Council Member Becerra
Motion fails 2-2
Ayes: Council Member Becerra, Mayor Jones
Noes: Council Member Gomez, Mayor Pro Tem Irving
13. Reports from Council Members
Mayor Jones discussed the policies that Councilmembers must follow while behind the dais.
Councilmember Gomez thanked the community, and spoke about her use of multiple languages, how she visits people wherever they may be, and the diversity of language and cultures of the community. She also explained how she wants to build trust with members of the community and empower their voices.
Mayor Pro Tem Irving reported on her behavior. She discussed how she prepares for Council meetings by studying and doing her homework and that she is allowed to ask questions for clarification. She also discussed the Mayor's behavior.
Councilmember Becerra spoke about the Council and their place as Councilmembers. She also spoke about how anything the community would like to know, can be found through public records.
Mayor Jones reported on her attendance at the annual meeting with VWRAs auditor, along with the local Mayors meeting, for the first time, with 30 local clergy to fill them in on what is happening within the cities. She also reported her attendance at the Fall Festival. Mayor Jones discussed her duties as the Chair and the behavior of her colleagues and her own behavior in the meeting.
Adjournment
Mayor Jones adjourned the meeting at 8:02 p.m.
ATTEST:
Jennifer Thompson, City Clerk