City Council Chambers
Victorville 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, May 2, 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
None
Declaration of Closed Session Items) by City Attorney
City Attorney Andre de Bortnowsky announced six (6) closed session items as set forth on the agenda.
VICTORVILLE WATER DISTRICT
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property Location: Acquisition of Water Rights - Mojave Water Basin District Negotiators: Keith C. Metzler, General Manager, or authorized designee Negotiating Parties: Luckey 2010 Revocable Trust
Under Negotiation: Price and terms
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property Location: Acquisition of Water Rights - Mojave Water Basin District Negotiators: Keith C. Metzler, General Manager, or authorized designee Negotiating Parties: Bastianon Revocable Trust
Under Negotiation: Price and terms
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property Location: Acquisition of Water Rights - Mojave Water Basin District Negotiators: Keith C. Metzler, General Manager, or authorized designee Negotiating Parties: Frazier, et al.
Under Negotiation: Price and terms
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property Location: Acquisition of Water Rights - Mojave Water Basin District Negotiators: Keith C. Metzler, General Manager, or authorized designee Negotiating Parties: Bobby and Valeria Brown
Under Negotiation: Price and terms
E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property Location: Acquisition of Water Rights - Mojave Water Basin District Negotiators: Keith C. Metzler, General Manager, or authorized designee Negotiating Parties: Glen Sudmeier
Under Negotiation: Price and terms
F. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property Location: Acquisition of Water Rights - Mojave Water Basin District Negotiators: Keith C. Metzler, General Manager, or authorized designee Negotiating Parties: Joan Paustell-Beinschroth
Under Negotiation: Price and terms
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 six (6) closed session items as set forth on the agenda. There were no reportable actions with respect to these items.
Invocation: Elder Daroy! Scott of Burning Bush Church
Pledge of Allegiance: Police Captain John Wickum
Proclamations/Special Presentations
City Clerk Swearing in of Fire Chief David Foster
City Clerk Swearing in of Fire Captain Kenneth Hower
City Clerk Swearing in of Fire Captain Derek Sutton
City Clerk Swearing in of Fire Engineer Cormac O'Connell City Clerk Swearing in of Fire Engineer Nicholas Noriega Presentation of Code Enforcement Challenge Coins
City Clerk Presents Agenda/Revisions to Agenda
Agenda presented with no revisions reported.
Mayor Jones adjourned the meeting in Memorial to Lucio Hernandez 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:
Robert Richardson spoke on general items
PUBLIC HEARING(S)
Approve three state funded projects in Cycle 11 of the Highway Safety Improvement Program (HSIP) and Notices of Exemptions
Recommendation:
That the Honorable City Council:
(1) Open and conduct a public hearing, receive testimony regarding the proposed projects; and
(2) Approve the following projects and respective notices of exemptions: Traffic Signal Installation at Village Drive and Puesta Del Sol Drive Project, Rectangular Rapid Flashing Beacon Installation Project, and Retroreflective Borders for Backplates of 96 Traffic Signals.
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: 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
2. Repeal of Uncodified Ordinance No. 1460 and Resolution No. 90-158 - Storm Drainage Benefit Fee System
Recommendation:
That the Honorable City Council:
(1) Open and conduct a public hearing to receive comments regarding Ordinance No. 2436, repealing Ordinance No. 1460 (an ordinance establishing a benefit fee system to finance the cost of construction of storm drainage improvements for Northern and Central Victorville) and directing the non-codification of the ordinance;
(2) Find the repeal of Ordinance No. 1460 exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5) of the CEQA Guidelines;
(3) Introduce Ordinance No. 2436 for adoption and first reading by title only; (4) Waive further public reading in full of proposed Ordinance No. 2436; and (5) Adopt Resolution No. 23-029, repealing Resolution No. 90-158 (requiring payment of the storm drain fee in the area of benefit established by Victorville City Council Ordinance No. 1406) and directing the recording of the resolution.
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 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
CONSENT CALENDAR
3. Used Oil Payment Program Grant Cycle OPP 13 Acceptance and Budget Recommendation:
That the Honorable City Council:
(1) Adopt Resolution No. 23-028 to authorize acceptance of the Used Oil Payment Program Cycle 13 Grant and authorize the City Manager or his designee to process all documents required for program administration; and
(2) Ratify the associated expenditure plan.
4. Public Works O&M Statistics for the Third Quarter of Fiscal Year 2023 Recommendation:
That the Honorable Victorville City Council review and file.
5. Partial Securities Release for Case No. EWTR21-00264 Recommendation:
That the Honorable City Council:
(1) Approve an 80-percent release of the Water Faithful Performance Securities for case EWTR21-00264; and
(2) Accept the water improvements.
6. Quarterly Investment Report as of March 31, 2023
Recommendation:
That the City Council/Board of Directors receive and file the attached Quarterly Investment Report as of March 31, 2023.
7. Commercial Demand Schedule No. 20
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 20 in the amount of $8,698, 154.38, covering Electronic Fund Transfers No. 334348 through 334493 and Warrant No. 789959 through 790142 for 04/06/2023 through 04/19/2023, per the adopted budget for 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 Payroll Demand Schedule No. 9B for Payroll Period March 03, 2023, through March 17, 2023, in the amount of $1,871,259.19 covering Check Nos. 33325 through 33350, including Vendor checks. Please note employee Check No. 33336 has a live Check and an EFT Advice. Also included are Advice Nos. 298529 through 299019 and 299021, per adopted budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).
9. Settlement Agreement between the City of Victorville and Bayou Title Holding Trust/Trustee Van Nguyen
Recommendation:
That the Honorable City Council approve the Citation Settlement Agreement by and between Bayou Title Holding Trust/Trustee Van Nguyen and the City of Victorville in regard to Citation No. 27258 and authorize the City Manager to sign the Citation Settlement Agreement.
10. Notice of Completion - Doris Davies Pool Re-plaster Recommendation:
That the Honorable City Council accept as complete and approve the Notice of Completion for the Doris Davies Pool Re-plaster.
Questions and Comments ensued for items 3, 4, 7, 8, and 9 Motion was made to approve staff recommendations for Consent Calendar items 3 through 10
Moved: Council Member Irving
Seconded: Council Member Harriman
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
WRITTEN COMMUNICATIONS
11. Amendment No. 1 to the General Services Provider Standard Agreement with Univar Solutions USA, Inc. for the Annual Supply of Sodium Hypochlorite Recommendation:
That the Honorable Victorville Water District Board of Directors (Board) approve Amendment No. 1 to the General Services Provider Standard Agreement by and between Victorville Water District (District) and Univar Solutions USA, Inc. (Univar) for the annual supply of sodium hypochlorite, Project CC22-102.
Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Pro Tem Becerra
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
12. Purchase of Five (5) Liquid Filled Padmounted Transformers Recommendation:
The Honorable City Council approve:
(1) The purchase of five (5) Liquid Filled Padmounted Transformers from Hitachi Energy USA, Inc. in the amount not to exceed $542,461.31; and (2) A Sole Source arrangement with Hitachi Energy USA, Inc. for the purchase of electric utility distribution equipment.
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Irving
Seconded: Council Member Harriman
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
13. General Services Provider Agreement between Mission Ambulance, Inc. dba Mission Aviation Fire Rescue and the Southern California Logistics Airport Authority for Aircraft Rescue and Fire Fighting Services Project CC23-088 Recommendation:
That Your Honorable Southern California Logistics Airport Authority Board of Directors approve the award of a General Services Provider Standard Agreement (Agreement") to Mission Ambulance, Inc. dba Mission Aviation Fire Rescue ("Mission Aviation Fire Rescue"), in the amount not to exceed $7,814,420 for Aircraft Rescue and Fire Fighting Services, Project CC23-088.
Questions ensued
Motion was made to approve staff recommendation
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
14. Termination Agreement to dissolve the Southern California Logistics Rail Authority ("SCLRA")
Recommendation:
That the Honorable City Council, Board of Directors for the Successor Agency to the Victorville Redevelopment Agency, and the Southern California Logistics Airport Authority adopt Resolution Nos. 23-032, R-SA 23-001 and SCLAA 23-007, approving the execution of a Termination Agreement to Dissolve the Southern California Logistics Rail Authority, and taking related actions.
Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Jones
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
15. Real Property Donation Agreement
Recommendation:
That the Honorable Board of Directors:
(1) Adopt Resolution VWD 23-005 accepting the donation of real property to the Victorville Water District ("District"); and
(2) Authorize the General Manager to enter into a Real Property Donation Agreement with Sergio Carcelen.
Questions ensued
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
16. Monthly mileage allowance for the Mayor and Mayor Pro Tem Recommendation:
Any action is at the discretion of Your Honorable City Council.
Questions ensued
Motion was made to approve monthly mileage allowance for the Mayor in the amount of $300 and the Mayor Pro Tem in the amount of $200 per month for additional travel related to their duties
Moved: Mayor Jones
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
17. City Council Members' Proof of Residency
Recommendation:
Any action is at the discretion of Your Honorable City Council.
Questions ensued
Motion was made to include an annual report to the Council as a Consent Calendar item to confirm that Council Member's residency requirements have been met Moved: Mayor Pro Tem Becerra
Seconded: Mayor Jones
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
18. Ability to suspend stipend/salary based on Councilmember misconduct Recommendation:
Any action is at the discretion of the City Council.
Questions ensued
Motion was made to allow Mayor Jones an additional 3 minutes to continue asking questions
Moved: Mayor Jones
Seconded: Mayor Pro Tem Becerra
Motion passed 4-1
Ayes: Mayor Jones, Mayor Pro Tem Becerra, Council Member Harriman, Council Member Irving,
Noes: Council Member Gomez
No action was taken
19. Councilmember Reprimand for City Councilmember Blanca Gomez Recommendation:
Any action is at the discretion of the City Council.
Questions ensued
The Chair called for a recess at 8:40 pm
Recess concluded at 9:05 pm
Questions continued
Motion was made to send a Cease and Desist Letter to Council Member Gomez, Instacart, and UberEats to refrain from using the City Logo, as well as to inform the public of misuse of the City Logo.
Moved: Mayor Pro Tem Becerra
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
Motion was made to amend item 19 to include a Cease and Desist Letter regarding using the City of Victorville logo on privately produced business cards Moved: Mayor Jones
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
20. City Manager Reports
City Manager Keith C. Metzler announced registrations for summer programs have opened for all ages. The programs include dance, fitness, self-defense, music, and many more. He announced Doris Davies pool will open after Memorial Day for swim classes and recreation. All programs are available for registration through the City of Victorville website. He also announced a special event titled "May the 4th be Crafty" at the City Library. The activities will include creating paper lightsabers and Yoda hats. The event is free and will occur on May 4, 2023, 11:00 am to 4:00 pm. He also announced the next Shred Fest will occur on May 6, 2023, 8:00 am to 12:00 pm.
21. Discussion and Possible Action Regarding Upcoming Agenda Items Motion was made to agendize an item for discussion and possible action to allow Council Member Harriman to attend the League of California Cities Desert Mountain Division meeting in Mammoth on June 2, 2023.
Moved: Council Member Harriman
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
Motion was made to revise the Proof of Residency requirement from 60 days to 30 days.
Moved: Council Member Harriman
Seconded: Mayor Pro Tem Becerra
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
Motion was made to amend Member Harriman's motion of Proof of Residency to require members to provide address numbers.
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
Motion was made for discussion and possible action for staff to present to Council an elevated ceremonial recognition option at the soonest possible meeting.
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
22. Reports from Council Members
Council Member Gomez reported on her involvement with the community.
Council Member Harriman reported that he is looking forward to the Green Tree Extension Bridge Opening Ceremony, on May 20t, 2023.
Mayor Pro Tem Becerra encouraged citizens to attend City Council Meetings.
Mayor Jones reported there is a new general manager at the Mojave Water Carin me eat man Diao main in in a Team Been,
and City Manager, Keith C. Metzler. She reported on her attendance to the National Crime Victims' Rights Memorial at Victor Valley College, the ribbon cutting for United Pacific Rocket, and the celebration for the Silverado High School Seniors attending Victor Valley College.
Adjournment
Mayor Jones adjourned the meeting at 9:33 pm.
Attest:
HuM
Jennifer Thompson, City Clerk