Minutes — Victorville City Council, June 6, 2023

City Council Chambers
Victorville 14343 Civic Drive
Victorville, CA
www.victorvilleca.gov

VICTORVILLE CITY COUNCIL

VICTORVILLE LIBRARY BOARD OF TRUSTEES

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, June 6, 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
Declaration of Closed Session Items) by City Attorney
City Attorney Andre de Bortnowsky announced four (4) 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: Washington Fund V LLC v. Victorville Code Enforcement Case Number: San Bernardino Superior Court Case No. CIVSB2223451 D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property Location(s): Various parcels located along Yates Road in the City of Victorville and designated as Parcel Nos: APN 3092-351-01, APN 3092-341-01, APN 3092-341-02. APN 3092-341-03, APN 3092-341-04
Former Victor Valley Jr. High School (7th Street/Forrest Drive), Parcel Nos: 0478- 121-06, 0478-121-05, 0478-121-01, 0478-121-03, 0478-121-04 Former Goodwill/Maverick School (E Street/First Street), Parcel Nos: 0478-154- 31, 0478-154-20, 0478-154-22, 0478-154-21, 0478-154-19, 0478-154-18, 0478- 154-17, 0478-154-16, 0478-154-15
Hook Park, Parcel No.: 3106-181-03
City Negotiators: Keith C. Metzler, City Manager
Negotiating Parties: Carl Coles, Victor Valley Unified High School District Superintendent
Under Negotiation: Price and Terms for Acquisition of Parcels 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 four (4) closed session items as set forth on the agenda. There were no reportable actions with respect to these items.

Invocation: Father Hyacinth Ibeh of St. Joan of Arc Catholic Church Pledge of Allegiance: Police Captain John Wickum
City Clerk Presents Agenda/Revisions to Agenda
City Clerk announced one (1) revision. Revision to agenda item 3: Attachment J has 4 new pages that will be replacing pages 164, a portion of 194, 195, 230, and 325.

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:

Harry Jackson spoke on general items
Monte Townley spoke on general items
Claudia Sandoval spoke on general items
Lydia Marsala spoke on item numbers 17, 18, and 19
DeBorah Harris spoke on general items
Caitlyn Quick spoke on item number 2 and general items
Edith Rogers spoke on general items
The Chair called a recess at 6:35 p.m.

Recess concluded at 6:41 p.m.

PUBLIC HEARING(S)

1. Consideration of Resolution Nos. VWD 23-009 and VWD 23-010 - Resolutions of the Board of Directors of the Victorville Water District making its determination to Fix, Levy, and Collect Standby Charges for Fiscal Year 2023-2024 That the Honorable Victorville Water District Board of Directors:
(1) Conduct a public hearing, receive testimony for the adoption of proposed Resolution Nos. VWD 23-009 and VWD 23-010, and close the public hearing; (2) Adopt Resolution No. VWD 23-009 entitled, "A Resolution of the Board of Directors of the Victorville Water District making its determination to Fix, Levy, and Collect Standby Charges for Water Improvement District One for Fiscal Year 2023- 2024"; and
(3) Adopt Resolution No. VWD 23-010 entitled, "A Resolution of the Board of Directors of the Victorville Water District making its determination to Fix, Levy, and Collect Standby Charges for Water Improvement District Two for Fiscal Year 2023- 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 Harriman
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

2. Urgency Ordinance No. 2439 and Ordinance 2440 Amending and/or Temporarily Suspending Certain Provisions of Chapters 7.04 And 7.05 of Title 7 (Animals) of the Victorville Municipal Code for the Purposes of Addressing an Imminent Lack of Animal Sheltering Capacity and Facilities on the City, Revising Fee Provisions, Updating References to Responsible Personnel, and Declaring the Urgency Recommendation:

That the Honorable City Council:
(1) Open, conduct, and close a public hearing to receive citizen comments regarding Urgency Ordinance No. 2439 and the Municipal Code Amendments included therein;
(2) Make the Environmental Exemption Finding relative to Urgency Ordinance No. 2439 based on Sections 15060(c)(2), 15378(b)(5), and 15301 of the CEQA Guidelines;
(3) Make the Finding of Urgency;
(4) Waive full reading and adopt (by four-fifths vote) Urgency Ordinance No. 2439; (5) Open, conduct, and close a public hearing to receive citizen comments regarding Ordinance No. 2440 and the Municipal Code Amendments included therein;
(6) Make the Environmental Exemption Finding relative to Ordinance No. 2440 based on Sections 15060(c)(2), 15378(b)(5), and 15301 of the CEQA Guidelines; (7) Introduce Ordinance No. 2440 for adoption and first reading by title only; and (8) Waive further reading in full of proposed Ordinance No. 2440.

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

3. Annual Budget for Fiscal Year 2023-2024
Recommendation:

That Your Honorable City Council, also sitting as the Victorville Library Board of I rustees, Southern California Logistics Airport Authority, Successor Agency to the Victorville Redevelopment Agency, Victorville Water District, and City of Victorville as Housing Asset Successor:
(1) Open and conduct a Public Hearing;
(2) Close the Public Hearing;
(3) Accept the transmittal letter from the Measure P Oversight Committee (MPOC); (4) Adopt the attached Resolutions: No. 23-036, LBT 23-001, SCLAA 23-008, R- SA 23-002, VWD 23-008, and CHAS 23-002, respectively, for the Establishment and Adoption of the FY 2023-2024 Annual Budget; and
(5) That Your Honorable City Council adopt Resolution No. 23-037, establishing and adopting the Fiscal Year 2023-2024 Annual Appropriations Limit in the amount of $1,426,094,231, pursuant to California State Constitution Article XIIIB Government Spending Limitation.

CONSENT CALENDAR

4. Notice of Completion - Brentwood Park Playground Replacement Recommendation:

That the Honorable City Council accept as complete and authorize the City Manager to sign the Notice of Completion for the Brentwood Park Playground Replacement project.

5. Notice of Completion - Center Street Park Playground Replacement Recommendation:

That the Honorable City Council accept as complete and authorize the City Manager to sign the Notice of Completion for the Center Street Park Playground Replacement project.

6. Tract Map No. 17516 Securities Reduction
Recommendation:

That the Honorable City Council:
(1) Approve a reduction of 80-percent of the Faithful Performance Securities for the water, sewer, and drainage improvements for Tract Map No. 17516; (2) Accept the water, sewer, and drainage improvements for maintenance; and (3) Approve a 60-percent reduction of the Faithful Performance Securities for the street improvements for said tract map.

7. Tract Map No. 16720 Securities Reduction
Recommendation:

That the Honorable City Council:
(1) Approve a reduction of 80-percent of the Faithful Performance securities for the sewer improvements for Tract Map No. 16720; and
(2) Accept the sewer improvements for maintenance.

8. Tract Map No. 16463 Securities Reduction
Recommendation:

That the Honorable City Council:
(1) Approve a reduction of 80-percent of the Faithful Performance Securities for the water and sewer for Tract Map No. 16463;
(2) Accept the water and sewer improvements for maintenance; and (3) Approve a 60-percent reduction of the Faithful Performance Securities for the Drainage, LMAD, and Street Improvements for said tract map.

9. Tract Map No. 13816 Securities Reduction
Recommendation:

That the Honorable City Council:
(1) Approve a reduction of 80-percent of the Faithful Performance Securities for the water and sewer improvements for Tract Map No. 13816; (2) Accept the water and sewer improvements for maintenance; and (3) Approve a 60-percent reduction of the Faithful Performance Securities for the LMAD and Street Improvements for said tract map.

10. Second Reading of Ordinance No. 2437
Recommendation:

That the City Council adopt, by second reading, Ordinance No. 2437 amending Chapter 2.22 of the Victorville Municipal Code (Personnel Merit System) for the purpose of reducing the probationary period from twelve to six months with respect to lateral hires of Firefighter/Paramedics.

11. Payroll Warrant List
Recommendation:

That the City Council and Board of Directors ratify Payroll Demand Schedule No. 10B for Payroll Period March 31, 2023, through April 14, 2023, in the amount of $1,887,484.70 covering Check Nos. 33367 through 33387, including Vendor checks. Please note employee Check No. 33378 has a live Check and an EFT Advice. Also included are Advice Nos. 299514 through 300010, per adopted budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).

12. Commercial Demand Schedule No. 22
Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 22 in the amount of $19,912,090.03, covering Electronic Fund Transfers No. 334732 through 335066 and Warrant No. 790361 through 790650 for 05/05/2023 through 05/25/2023 and Wire Transfers dated 05/24/2023 through 05/25/2023, per the adopted budget for Fiscal Year 2022-2023 for the period covering July 1, 2022, through June 30, 2023.

Motion was made to approve staff recommendations for Consent Calendar items 4 through 12.

Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra
Motion passed, with Council Member Gomez voting no on item 10 Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

WRITTEN COMMUNICATIONS

13. Benefits Resolution No. 23-038 and Table of Organization Recommendation:

That the Honorable City Council adopt Benefits Resolution No. 23.038, revising the Table of Organization and Compensation Schedule, effective July 1, 2023.

Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Pro Tem Becerra
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

14. Annual Confirmation of Maintenance Assessment Districts for Fiscal Year 2023/2024
Recommendation:

That the Honorable City Council:
(1) Approve Resolution Nos. 23-039, 23-042, 23-045, and 23-048 authorizing the initiation of 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 2023/2024;
(2) Approve Resolution Nos. 23-040, 23-043, 23-046, and 23-049 preliminarily approving the consolidated Engineer's Reports filed in support of the levy of assessments for Fiscal Year 2023/2024; and
(3) Approve Resolutions Nos. 23-041, 23-044, 23-047, and 23-050 declaring its intention to levy the maintenance assessment districts for Fiscal Year 2023/2024 and setting a Public Hearing date of June 20, 2023.

Questions ensued
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Becerra
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

15. Vacation of an Offer of Dedication of a Drainage Easement on Tract Map No. 17316
Recommendation:

That the Honorable City Council:
(1) Find the dedication 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
(2) Adopt Resolution No. 23-036 vacating the dedication as described and depicted by the exhibits attached thereto and ordering the recordation of the same.

16. Multiple Roof Replacements Project #CC23-104
Recommendation:

That the Southern California Logistics Airport Authority Board of Directors:
(1) Approve the award of a Standard Construction Agreement to Universal Coatings Inc. ("Universal"), for Multiple Roof Replacements Project #CC23-104 ("Project") in the amount not to exceed $768,000; and
(2) Adopt Resolution No. SCLAA 23-009 amending the 2022/2023 budget increasing expenditures in Fund 450 by $53,000.

Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Irving
Seconded: Council Member Harriman
Comments ensued
Motion 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

17. Wellness Center Project - Phase 1 Supplemental Work Order (SWO) Nos. 10 and 11 and Phase 2 SWO Nos. 4 through 8
Recommendation:

That the Honorable City Council approve for the Wellness Center construction contracts: for Phase 1, SWO Nos. 10 and 11, resulting in an increase not to exceed $440,686.96; and for Phase 2, SWO Nos. 4 through 8, resulting in an increase not to exceed $1,845,237.79.

Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Pro Tem Becerra
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
The Chair called a recess at 8:43 p.m.

Recess concluded at 8:49 p.m.

Motion was made to consider items 18 and 19 concurrently Moved: Council Member Irving
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

18. Consultant/Professional Services Provider Agreement with Symba Center as Wraparound Services Provider of the Interim Shelter and Wellness Center Recommendation:

That the Honorable City Council:
(1) Approve a Consultant/Professional Services Provider Agreement with Symba Center, for an initial twenty-three (23) month term, through June 30, 2025, to provide the Wraparound Services at the Interim Shelter and Wellness Center that includes start-up funds in an amount not to exceed $1,312,565.00 that will be later reimbursed back to the City; and
(2) Authorize non-substantive changes to the Consultant/Professional Services Provider Agreement, if necessary, as agreed upon by the City Manager and City Attorney.

19. Consultant/Professional Services Provider Agreement with Hope the Mission as Shelter Operator of the Wellness Center
Recommendation:

That the Honorable City Council:
(1) Approve a Consultant/Professional Services Provider Agreement with Hope the Mission, for an initial twenty-three (23) month term through June 30, 2025, to provide the Shelter Operator services at the Wellness Center in an amount not to exceed $6,254,296.57; and
(2) Authorize non-substantive changes to the Consultant/Professional Services Provider Agreement, if necessary, as agreed upon by the City Manager and City Attorney.

Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Irving
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

20. General Services Provider Standard Agreement between Allied Universal Security Services and the Southern California Logistics Airport Authority for Security Services Project CC23-100
Recommendation:

That Your Honorable Southern California Logistics Airport Authority Board of Directors approve the award of a General Services Provider Standard Agreement ("Agreement") to Allied Universal Security Services in the amount not to exceed $406,151.75 for Security Services, Project CC23-100.

Questions ensued
Motion was made to approve staff recommendation
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

21. Law Enforcement Contract #94-909-A-51, Memorandum of Understanding with the Victor Valley Union High School District, Victor Elementary School District, and Adelanto Elementary School District to Fund School Resource Officers and Agreement Between the City of Victorville and Macerich Victor Valley, LP Recommendation:

That the Honorable City Council:
(1) Approve the Fifty-First Amendment to Law Enforcement Contract #94-909-A- 51 for the period of July 1, 2023, through June 30, 2024, and authorize the Mayor or her designee to process all documents required for this agreement; (2) Approve the Memorandum of Understanding (MOU) by and between the City of Victorville and the Victor Valley Union High School District, the Victor Elementary School District, and the Adelanto Elementary School District for the same period to fund School Resource Officers, and authorize the City Manager or his designee to process all documents required for the agreement; and (3) Approve the agreement by and between the City of Victorville and Macerich Victor Valley, LP (Macerich) for one Deputy and authorize the City Manager or his designee to process all documents required for the agreement.

22. Cancellation of the July 4, 2023, regular City Council meeting Recommendation:

Any action is at the discretion of Your Honorable City Council.

Questions ensued
Motion was made to approve the cancellation of July 4, 2023, City Council Meeting 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
Council Member Gomez rescinded her vote
Motion passed 5-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones, Council Member Gomez

23. City Manager Reports
City Manager Keith C. Metzler announced that Saturday, June 14t, 2023, is the Contractor Workshop. A free event from 9:00 am to 12:00 pm at Victorville City Hall. He also announced the Summer Reading Program registration is open. It will be at no cost at the Victorville City Library from June 19th through July 28th. The Summer Concert Series will be held on June 16th, June 23rd, July 7'h, and July 14'h at Hook Park from 6:00 pm to 8:30 pm.

24. Discussion and Possible Action Regarding Upcoming Agenda Items Motion was made to agendize an item for the June 20, 2023, City Council meeting regarding an update on the Wellness Center's approximate opening date.

Moved: Council Member Gomez
Seconded: Council Member Irving
Motion passed: 5-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones, Council Member Gomez
Motion was made to agendize an item for discussion and possible action regarding a Fentanyl Awareness and Education Program at staff's convenience.

Moved: Council Member Harriman
Seconded: Mayor Pro Tem Becerra
Motion passed: 5-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones, Council Member Gomez
Motion was made to agendize an item for discussion and possible action at the June 20, 2023, City Council meeting regarding removing CRIA members Blech and Neri due to unsatisfactory attendance and to authorize a search for their replacement.

Moved: Mayor Jones
Seconded: Council Member Harriman
Motion passed: 5-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones, Council Member Gomez
Motion was made to agendize an item for discussion and possible action at the soonest possible Regular City Council Meeting regarding citywide landscape beautification and upkeep, regardless of LMAD revenue's deficiencies.

Moved: Mayor Jones
Seconded: Council Member Gomez
Motion passed: 5-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones, Council Member Gomez

25. Reports from Council Members
Council Member Gomez reported on her involvement with the community.

Council Member Harriman reported on his attendance to the League of California Cities Division meeting in Mammoth.

Mayor Pro Tem Becerra reported that Victor Valley Transit Authority now has a Sheriff's Deputy assigned to the bus routes.

Mayor Jones reported on her attendance to the League of California Cities Division meeting in Mammoth with Member Harriman. She also attended the memorial service at the Federal Corrections Complex in remembrance of those Federal Corrections Officers that lost their lives in the line of duty. Mayor Jones reported on the successful Grand Opening of the Green Tree Bridge. She also reported that three Council Members attended the City County Conference in Lake Arrowhead where she was the emcee.

Adjournment
Mayor Jones adjourned the meeting at 9:46 pm
Attest:
zuM
Jennifer Thompson, City Clerk

Victorville City CouncilJune 6, 2023

Victorville City Council
June 6, 2023