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, February 21, 2023 6:00 p.m. Regular Session
5:00 p.m. Closed Session
Call to Order
Roll Call
Present: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, 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 closed session items.
Declaration of Closed Session Items) by City Attorney
City Attorney Andre de Bortnowsky announced five (5) 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) D. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations) E. 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: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, 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 five (5) closed session items as set forth on the agenda. There were no reportable actions with respect to these items.
Invocation: Presbyter Elfrem Wilson of Destiny Christian Church Pledge of Allegiance: Police Captain John Wickum
City Clerk Presents Agenda/Revisions to Agenda
City Clerk announced one (1) revision to the Staff Report for Item #16, labeling it as a Consent Calendar item instead of Written Communication.
Conflict of Interest Declarations
There were no conflicts of interest to report.
Introduction to Public Comments
Mayor Jones provided an opening statement regarding public comments.
Public Comments
The following people spoke:
Jake Henry spoke on general items
Tolani Turnage spoke on general items
Sylvia Morrison spoke on general items
Blanca Gomez spoke on general items
The Chair called recess at 6:18 p.m.
Recess concluded at 6:24 p.m.
Blanca Gomez continued to speak on general items
Blanca Gomez was removed from the meeting at 6:28 p.m. for failing to adhere to the Council's established policies and procedures, and Government Codes § 54957.9 and 54957.95, in accordance with the Ralph M. Brown Act.
Nicole Weatherby spoke on general items
PUBLIC HEARING(S)
1. United States Department of Housing and Urban Development Required Public Hearing for Community Planning and Development Grants - Fiscal Year 2023-2024 Recommendation:
That the City Council conduct a public hearing to receive citizen, agency, and prospective applicant comments regarding the City's needs and strategies for the 2023-2024 Annual Action Questions ensued
The Chair opened the Public Hearing
The following people spoke:
Nicholas Fisher spoke in support
Dr. Shawn Smith spoke in support
Nichole Weatherby spoke in support
Betty Carrillo spoke in support
Angelina Ortega spoke in support
Mr. Campbell spoke in support
Jimmy Waldron spoke in support
Nsenga Hughes spoke in support
Amanda Bell spoke in support
Shelly Thomas spoke in support
Timothy Preston spoke in support
Stephanie Vida Pazarin spoke in support
Tariq Malik spoke in support
Community Health Action Network spoke in support
David Fofiu spoke in support
Christina Kennedy spoke in support
Danzell Daniels spoke in support
Sylvia Morrison spoke in support
Kailin Scott spoke in support
The Chair closed the Public Hearing
Questions continued
The Chair called recess at 7:24 p.m.
Recess concluded at 7:32 p.m.
2. Sewer Main Lining 2023 Project - Award of Construction Contract Recommendation:
That the Honorable City Council:
(1) Open and conduct a Public Hearing;
(2) Close the Public Hearing;
(3) Find the project exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15301(b) of the CEQA guidelines and Approve the Notice of Exemption; and
(4) Award a construction contract to Southwest Pipeline and Trenchless Corp., in the amount of $1,813,690.00 for the Sewer Main Lining 2023 Project.
Questions ensued
The Chair opened the Public Hearing
There were no speakers
The Chair closed the Public Hearing
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Motion passed 4-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
CONSENT CALENDAR
Environmental Programs Quarterly Report for the Second Quarter of Fiscal Year 2023 Recommendation:
That the Honorable Victorville City Council review and file.
4. Public Works O&M Statistics for the Second Quarter of Fiscal Year 2023 Recommendation:
That the Honorable Victorville City Council review and file.
5. Commercial Demand Schedule No. 15
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 15 in the amount of $14,473,918.61, covering Electronic Fund Transfers No. 333279 through 333528 and Warrant No. 788868 through 789104 for 01/20/2023 through 02/02/2023 and Wire Transfer dated 01/23/2023, per the adopted budget for Fiscal Year 2022-2023 for the period covering July 1, 2022 through June 30, 2023.
6. Quarterly Investment Report as of December 31, 2022
Recommendation:
That the City Council/Board of Directors receive and file the attached Quarterly Investment Report as of December 31, 2022.
7. Landscape Maintenance Assessment District Full Securities Release for Tract Map No. 16720 Recommendation:
That the Honorable City Council approve the full release of the Landscape Maintenance Assessment District Faithful Performance and Labor & Materials Securities for Tract Map No. 16720.
8. Acceptance of Improvements and Subdivision Improvement Release for Tract Map No. 17089 Recommendation:
That the Honorable City Council accept the public improvements for Tract Map No. 17089 and release the Subdivision Improvement Agreement.
9. Release of Subdivision Improvement Agreement and Full Security Deposit Release for Tract Map No. 17945
Recommendation:
That the Honorable City Council approve the release of the Subdivision Improvement Agreement and the full release of the Security Deposit for Tract Map No. 17945.
10. Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 7A for Payroll Period December 23, 2022, through January 06, 2023, in the amount of $2, 130,546.09 covering Check Nos. 33217 through 33227, including Vendor checks. Please note employee Check No. 33219 has a live Check and an EFT Advice. Also included is Advice No. 295655 and Nos. 296133 through 296615, per adopted budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).
11. Second Reading of Ordinance No. 2434
Recommendation:
That the City Council adopt, by second reading, Ordinance No. 2434 revising and establishing speed zones upon certain streets in the City by amending Title 12, Chapter 12.20, Section
12.20.020 of the Victorville Municipal Code, entitled "Decrease of State Law Maximum Speed."
12. Code Compliance Department Activity Reports - FY2023 2nd Quarter, Code Compliance Animal Care & Control Divisions
Recommendation:
That the Honorable City Council review and file.
13. Notice of Completion - Automated Gate Services, Inc Recommendation:
That the Honorable City Council
(1) Accept as complete and approve the Notice of Completion for the installation of automatic gates at Fire Station 312, 313, 314 and 315, Project CC22-088 and (2) Authorize the City Manager to execute the Notice of Completion.
14. Seventh Avenue and Arrowhead Drive Capital Improvement Project Grant Funding Reimbursement
Recommendation:
That the Honorable City Council Adopt Resolution No. 23-010 to authorize the submittal of claims and requests for reimbursements from Transportation Development Act (TDA) Article 3 funds from the San Bernardino County Transportation Authority (SBCTA) and authorize the City Engineer to certify the completion of the project.
15. Substitution of Trustee and Deed of Reconveyance and Release of Declaration of Covenants, Conditions and Restrictions for Map Case No 08-08-08 - Streeter Recommendation:
That Your Honorable City Council:
(1) Approve the Substitution of Trustee and Deed of Reconveyance for MAP Case No.08-08- 08;
(2) Approve the Termination and Release of Declaration of Covenants, Conditions, and Restrictions and Notice of Affordability Restrictions on Transfer of Property; (3) Authorize the execution thereof by the City Manager; (4) Accept the payoff of the loan receivable; and
(5) Adopt Resolution No. CHAS 23-001, amending the annual budget for Fiscal Year 2022- 2023.
16. Adoption of proposed City Council Resolution No 23-011 confirming increases to the Rate of Compensation for the Members of the Victorville Planning Commission Recommendation:
That the Honorable City Council:
(1) Review and Consider the Proposed Resolution Increasing the Victorville Planning Commission Rate of Compensation and Rescinding Resolution No. 06-156; and (2) Adopt Resolution No. 23-011
Mayor Pro Tem Becerra reported that she needed to recuse herself from Item #5 Motion was made to approve staff recommendations for Consent Calendar Items 3 through 16 Moved: Council Member Irving
Seconded: Council Member Harriman
Motion passed 4-0, with Mayor Pro Tem Becerra recused on Item #5 Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
Recused: Mayor Pro Tem Becerra on Item #5
WRITTEN COMMUNICATIONS
17. Septic to Sewer Conversion Project - Purchase of Sewer Lift Station Recommendation:
That the Honorable City Council approve a General Services Provider Standard Agreement with ROMTEC Utilities for the design, fabrication, and delivery of a sewer lift station for the Willow Street Septic to Sewer Conversion Project, in an amount not to exceed $227,252.85.
Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Motion passed 4-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
18. Award of Contract to LM Rasmussen Construction for the Exeloo Automatic Restrooms Installation at Brentwood and Center Street Parks, Project CC23-079 Recommendation:
That the Honorable City Council award a Construction Agreement to LM Rasmussen Construction in the amount of $184,843.00 for the Exeloo Automatic Restroom Installation at Brentwood and Center Street Parks, Project CC23-079.
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Irving
Seconded: Council Member Harriman
Motion passed 4-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
19. California Department of Water Resources - 2022 Urban Community Drought Relief Grant Program
Recommendation:
That the Honorable Victorville Water District Board of Directors adopt Resolution No. VWD 23- 002, authorizing the 2022 Urban Community Drought Relief Grant Program application, acceptance, and execution for the District's Advance Metering Infrastructure (AMI), Turf Replacement Rebate, and Ultra-High Efficiency Toilet Direct Installation Replacement Projects.
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Harriman
Seconded: Council Member Irving
Comments ensued
Motion passed 4-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
20. Grant of Easement on the Southern California Logistics Airport Recommendation:
That the Southern California Logistics Airport Authority ("SCLAA") Board of Directors:
(1) Grant a utility easement on Southern California Logistics Airport Authority property to Southern California Edison across the parcel designated as APN 0459-192-58; and (2) Authorize the Airport Director to execute said instrument.
Comments ensued
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman
Motion passed 4-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
21. Purchase and Sale Agreement by and between the Southern California Logistics Airport Authority and the Victorville Water District
Recommendation:
That Your Honorable Southern California Logistics Airport Authority and Victorville Water District Board of Directors approve:
(1) Resolution No. SCLAA 23-001 approving the sale of a portion of Parcel J and authorizing the Executive Director to execute transactional documents to effectuate the sale and transfer of the property;
(2) Resolution No. VWD 23-003 approving the purchase of a portion of Parcel J and authorizing the General Manager to execute transactional documents to effectuate the purchase and transfer of the property; and
(3) Resolution No. SCLAA 23-002 amending the SCLAA annual budget for fiscal year 2022/2023 to recognize the sale proceeds.
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Harriman
Seconded: Council Member Irving
Comments ensued
Motion passed 4-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
22. Attendance at National Association of Latino Elected and Appointed Officials 40th Annual Conference
Recommendation:
That Your Honorable City Council authorize attendance at the NALEO 40th Annual Conference for the Mayor, and Mayor Pro-Tem.
Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman
Motion passed 4-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
23. City Manager Reports
The Annual Spring Festival and Egg Hunt will be held on Saturday, April 8, 2023, from 10:00 a.m. to 2:00 p.m. at Hook Park. Applications for vendors are being accepted, as space is available, and presale tickets for the Egg Hunt will begin on March 1, 2023.
Teen Tech Space will be held at the Victorville City Library on Thursday, February 23, 2023, from 3:00 p.m. to 5:00 p.m., at no cost. Teens are invited to explore virtual reality and the library's 3D printer.
Dr. Suess' Birthday Story Time and Crafts will be held at the Victorville City Library on hursday, March 2, 2023, trom 4:00 p.m. to 5:00 p.m., at no cost, tor ages 0-12. Participants will hear a story, make a craft, and take home a book.
24. Discussion and Possible Action Regarding Upcoming Agenda Items Motion was made to agendize an item for discussion and possible action in order to review the eligibility criteria for participating in the Measure P Oversight Committee.
Moved: Council Member Harriman
Seconded: Mayor Pro Tem Becerra
Motion passed 4-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
Motion was made to agendize an item for discussion and possible action regarding the prohibition of electronic devices in the Victorville City Council's closed session meetings.
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Motion passed 4-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
25. Reports from Council Members
Council Member Irving wished everyone a Happy Mardi Gras. She reported on her attendance to the Rotary Club meeting.
Mayor Pro Tem Becerra reported on her attendance to the Victor Valley Transit Authority meeting. She also attended the Desert Mountain League of California Cities Division meeting, and thanked staff for their efforts.
Mayor Jones reported on her attendance to the San Bernardino County Transport Authority (SCTA) General Policy Committee meeting, Mojave Desert and Mountain Recycling Authority JPA meeting, the SBCTA Mountain Desert Policy Committee meeting, and the League of California Cities Division meeting.
Adjournment
Mayor Jones adjourned the meeting at 8:20 p.m.
Attest:
Jennifer Thompson, City Clerk