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Minutes

Victorville City Council
March 7, 2023

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Minutes
Meeting
March 7, 2023
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Victorville City Council
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Text extracted from the city's file for reading and search. Open the original on victorvilleca.primegov.com. That file is the official record.

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, March 7, 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
Public Comments for Closed Session Items
None
Motion was made to adjourn Closed Session until directly following the conclusion of the Regular Session
Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Mayor Jones adjourned Closed Session at 5:02 p.m.
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
Invocation: Mayor Jones
Pledge of Allegiance: Police Captain John Wickum
The Chair directed Council Member Irving and Council Member Harriman to exchange seats.

Proclamations/Special Presentations
Arson Shift Investigator Program Presentation given by Deputy Fire Marshal Battalion Chief Goth City Clerk Swearing in of Battalion Chief-Deputy Fire Marshal Perry Goth City Clerk Swearing in of Captain/Arson Shift Investigator James Lanphar City Clerk Swearing in of Captain/Arson Shift Investigator Timothy Ortiz City Clerk Swearing in of Battalion Chief Robert Clemmer City Clerk Presents Agenda/Revisions to Agenda
City Clerk presented one (1) revision for agenda for Item #2, revising the Staff Report in the following sections:

Fiscal Impact section: General Fund expenditures for city operations are projected to be $95,065,959. The General Fund operating budget will be offset by revue projections of $88,444,688, requiring an appropriation from the Unencumbered Fund balance of $4,506,218 to balance the General Fund budget. This accounts for the annual payment of $1 million from Victorville Municipal Utility Services (VMUS) to the General fund for repayment of a loan agreement along with the $1,115,053 and rolled over CIP project expenses.

Discussion section: Overview of major changes and recommended adjustments by fund.

General Fund section: Fund 100 will need an appropriation from the Unencumbered Fund balance in the amount of $4,506,218 to offset the overall reductions in permitting, plan check, and inspections fees to ensure a balanced budget of revenues to expenditures.

Conclusion section: In the second sentence, the word anticipated has changed to expected, to read, "....expected slow down of residential permitted improvements in growth occurred sooner than anticipated although industrial growth is still occurring." 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:

Elvia Hernandez spoke about general items
Kareema Abdul-Khabir spoke on general items
David Stedman spoke on general items
Brendan O'Brien spoke on general items
Leila Aquino spoke on general items

PUBLIC HEARING(S)

1. Vacation of an easement on SCLA Property located in the vicinity of Sabre Street east of Phantom West Road with an environmental exemption
Recommendation:

That the Honorable City Council:
(1) Open and conduct a public hearing to consider the vacation of an easement on SCLA property located in the vicinity of Sabre Street east of Phantom West Road; (2) Hear evidence offered by persons interested in the vacation; (3) Find the easement vacation not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3); and
(4) Adopt the attached Resolution No. 23-126 to vacate an easement as described and depicted by the attached exhibits.

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 for points 3 and 4 Moved: Council Member Irving
Seconded: Council Member Harriman
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

2. Mid-Year Budget Review and Amendment Request to the 2022-2023 Fiscal Budget Recommendation:

That the City Council and Board of Directors approve the changes reflected in this agenda item along with the included attachments by adopting:
(1) Resolution No. 23-013 of the City Council of the City of Victorville amending Resolution 22- 064, as amended, the budget resolution for the City of Victorville for Fiscal Year 2022-2023, relating to an appropriation of funds.
(2) Resolution No. VWD 23-004 of the Board of Directors of the Victorville Water District amending Resolution VWD 22-012, as amended, the budget resolution for the Victorville Water District for the Fiscal Year 2022-2023, relating to an appropriation of funds (3) Resolution No. SCLAA 23-003 of the Board of Directors of the Southern California Logistics Airport Authority amending Resolution SCLAA 22-011, as amended, the budget resolution for the Southern California Logistics Airport Authority for the Fiscal Year 2022-2023, relating to an appropriation of funds.
(4) Resolution No. 23-016 of the City Council of the City of Victorville adopting an updated General Fund Reserve Policy (City Council Policy CP-23-01).

Mid-Year Budget Presentation for Fiscal Year 2022-2023 given by Finance Director John Mendiola
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 with the aforementioned revisions Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez

CONSENT CALENDAR

3. Full Release of the Water, Sewer, and Drainage Labor & Material Securities for Tract Map No. 15396
Recommendation:

That the Honorable City Council approve the full release of the water, sewer, and drainage securities for Tract Map No. 15396.

4. Commercial Demand Schedule No. 16
Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 16 in the amount of $7,453,308.86, covering Electronic Fund Transfers No. 333529 through 333695 and Warrant No. 789105 through 789320 for 02/2/2023 through 02/16/2023 and Wire Transfer dated 02/22/2023, per the adopted budget for Fiscal Year 2022-2023 for the period covering July 1, 2022 through June 30, 2023.

5. Payroll Warrant List
Recommendation:

That the City Council and Board of Directors ratify Payroll Demand Schedule No. 7B for Payroll Period January 06, 2023, through January 20, 2023, in the amount of $1,849,613.63 covering Check Nos. 33228 through 33251, including Vendor checks. Please note employee Check No. 33237 has a live Check and an EFT Advice. Also included are Advice Nos. 296616 through 297088, per adopted budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).

6. Settlement Agreement between the City of Victorville and Michael Truong Recommendation:

That the Honorable City Council approve the Citation Settlement Agreement by and between Michael Truong and the City of Victorville in regard to Citation Nos. 30476, 29101, and 25106 and authorize the City Manager to sign the Citation Settlement Agreement.

7. Settlement Agreement between the City of Victorville and Lily Xue Recommendation:

That the Honorable City Council approve and authorize the City Manager to sign the Citation Settlement Agreement by and between Lily Xue and the City of Victorville regarding Citation No. 26698 and Superior Court Case No. CIVSB2105665.

8. Minutes of the December 13, 2022, and December 15, 2022, Special City Council Meetings and the December 20, 2022, Regular City Council Meeting
Recommendation:

That the Honorable City Council approve the minutes of the Special City Council Meetings held on December 13, 2022, and December 15, 2022, and the minutes of the Regular City Council Meetings held on December 20, 2022.

9. Multiple Roof Replacements Project #CC23-066
Recommendation:

That the Southern California Logistics Airport Authority Board of Directors:
(1) Reject all bids received and opened for the Multiple Roof Replacements Project #CC23-066 ("Project"); and
(2) Direct staff to resolicit the Project.

Motion was made to approve staff recommendations for Consent Calendar Items 3 through 9 Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra
Motion passed 5-0, with Council Member Gomez voting no on Items 6 and 7 Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council member Gomez on Items 6 and 7

WRITTEN COMMUNICATIONS

10. Benefits Resolution No. 23-014 and Table of Organization Recommendation:

That the Honorable City Council adopt Benefits Resolution No. 23-014, revising the Table of Organization and Compensation Schedule, effective March 7, 2023.

Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez

11. Update to the Victorville Municipal Utility Services Energy Efficiency Program Recommendation:

That the Honorable City Council adopt Resolution No. 23-012, amending and supplementing Resolution No. 19-019, to provide further incentives to VMUS' customers to implement improvements using the Energy Efficiency Program.

Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Irving
Seconded: Council Member Harriman
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez

12. Consideration of proposed City Council Resolution No. 23-015 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. 23-015.

Questions ensued
Motion was made to approve the policy manual revisions as drafted along with the suggested language provided by Mayor Jones
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez

13. Discussion and Possible Action on Reviewing the Criteria for Appointments to the Measure P Oversight Committee
Recommendation:

Any action is at the discretion of the City Council.

Questions ensued
Motion was made to keep the existing resolution, with the exception of removing the requirement that an applicant must have leadership experience in a role of a similar capacity Moved: Mayor Jones
Seconded: Council Member Irving
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

14. City Manager Reports
Victorville Free Dump Day is March 11, from 8:00 a.m. -1:00 p.m. at the former UP school (also known as Victor Junior) on 8" street.

Friends of the Library book sale is happening on Tuesday, March 14, from 9:00 a.m. - 3:00 p.m. at the Victorville City Libraby. The cost is $5 per bag.

Delivery of the Connect Homes Community Buildings for the Wellness Center project started yesterday.

The City of Victorville received Best Improvement Public Safety Award for the 7th and Arrowhead complete streets projects and is being recognized by the High Desert branch of the American Public Works Association.

15. Discussion and Possible Action Regarding Upcoming Agenda Items Motion was made for discussion and possible action at the next regular City Council meeting, to revise the Policy and Procedures Manual to prohibit electronic devises on and/or behind the dais.

Moved: Mayor Jones
Seconded: Mayor Pro Tem Becerra
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez

16. Reports from Council Members
Council Member Gomez reported on her involvement within the community.

Council Member Harriman congratulated the Public Works on receiving the Best Improvement Public Safety Award.

Mayor Pro Tem Member Becerra thanked the Public Works department and the Parks department for keeping the city streets safe during the storms. She also thanked the Finance department for the budget presentation.

Mayor Jones thanked Mayor Pro Tem Becerra for attending the Ribbon Cutting and Grand Opening of Rockin' Our Disabilities Foundation Learning Center in her stead.

Mayor Jones adjourned the Regular Session at 8:08 p.m.
8:08 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
Public Comments for Closed Session Items
None
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
Council returned from Closed Session at 8:57 p.m.

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.

Adjournment
Mayor Jones adjourned the meeting at 8:57 p.m.

Attest:

Jennifer Thompson, City Clerk

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