City Council Chambers
Victorille 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, November 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, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Irving
Public Comments for Closed Session Items
None
Declaration of Closed Session Item(s) 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)
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case name: AFFF Multi-District Litigation No. 2873 ("MDL") United States District Court of Columbia
Master Docket No. 2.18-MN-2873-RMG
Parties: Southern California Logistics Airport Authority Victorville Water District
3M Company
E.l. Du Pont de Nemours and Company et al.
VICTORVILLE WATER DISTRICT
A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case name: AFFF Multi-District Litigation No. 2873 ("MDL") United States District Court of Columbia
Master Docket No. 2.18-MN-2873-RMG
Parties: Southern California Logistics Airport Authority Victorville Water District
3M Company
E.I. Du Pont de Nemours and Company et al.
Recess to Closed Session
6:00 p.m. Regular Session
Council Member Gomez left the dais at 6:00 p.m.
Call to Order
Council Member Gomez returned to the dais at 6:01 p.m.
Roll Call
Present: Council Member Gomez, Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Irving
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 for City Council items A and B.
City Council voted 4-0 with Council Member Irving being absent to opt out of proposed settlement options for Southern California Logistics Airport Authority item A and Victorville Water District item A.
Invocation: Mayor Jones
Pledge of Allegiance: Police Captain John Wickum
City Clerk Presents Agenda/Revisions to Agenda
Staff requested Item 16 to be moved to a future agenda.
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:
DeAnn Hudgens spoke on general items
PUBLIC HEARING(S)
1. Proposed Ordinance No. 2445 Amending the Victorville Municipal Code(VMC), with an Environmental Exemption, Addressing Unauthorized Camping and Storage of Personal Property in Public Areas
Recommendation:
That the Honorable City Council:
(1) Conduct the Public Hearing;
Find Ordinance No. 2445 categorically exempt from the California Environmental Quality Act ("CEQA") under CEQA Guidelines 15301(d), "Existing Facilities," and 15308, "Actions by Regulatory Agencies for Protection of the Environment;
(3) Introduce Ordinance No. 2445 for adoption and first reading by title only; and (4) Waive further reading in full of proposed Ordinance No. 2445 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
Comments ensued
Motion passed 3-1
Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
Absent: Council Member Irving
2. Pressure Reducing Valve at Mojave Drive and Amethyst Road - Notice of Exemption and Award of Construction Contract
Recommendation:
That the Honorable Water District Board of Directors:
(1) Open and conduct a Public Hearing to receive testimony regarding the proposed capital improvement project (CIP);
(2) Close the Public Hearing;
(3) Approve the Notice of Exemption and authorize staff to file the notice with the Office of Planning and Research and the County Clerk; and (4) Award a construction contract to Kirtley Construction, Inc. dba TK Construction, in the amount of $365,600, for the Pressure Reducing Valve at Mojave Drive and Amethyst Road 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 Harriman
Motion passed 4-0
Ayes: Council Member Gomez, Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Irving
CONSENT CALENDAR
3. Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 3A for Payroll Period August 18, 2023, through September 1, 2023, in the amount of $2,204,078.85 covering Check Nos. 33666 through 33681, including Vendor checks. Please note employee Check No. 33670 has a live Check and an EFT Advice. Also included are Advice Nos. 304606 through 305125, per adopted budget for Fiscal Year 2023-2024 (period covering July 1, 2023, through June 30, 2024).
4. Waste Tire Enforcement Grant- Budget Amendment
Recommendation:
That the Honorable City Council adopt Resolution No. 23-090, approving a budget amendment for Fiscal Year 2023/2024 to appropriate $61,547.00 in both revenue and expenditures related to the Waste Tire Enforcement Grant as awarded by the California Department of Resources Recycling and Recovery (CalRecycle).
5. Minutes of the October 3 and October 17, 2023, Regular City Council Meetings and the October 3, 2023, Special City Council Meeting
Recommendation:
That the Honorable City Council approve the minutes of the Regular City Council Meetings held on October 3 and October 17, 2023 and the Special City Council Meeting held on October 3, 2023.
6. Release of Labor & Materials Security for Case Nos. BLDC21-00045/EROW21- 00181
Recommendation:
That the Honorable City Council approve the full release of the Labor & Materials security for Case Nos. BLDC21-00045/EROW21-00181.
7. Release of Labor & Materials Security for Case No. EWTR21-00264 Recommendation:
That the Honorable City Council approve the full release of the Labor & Materials security for case EWTR21-00264.
8. Tract Map No. 16774 Securities Release
Recommendation:
That the Honorable City Council approve the full release of the Water, Sewer, Drainage, and LMAD Labor & Materials securities for Tract Map No. 16774.
9. Tract Map No. 16507 Security Release
Recommendation:
That the Honorable City Council:
(1) Approve an 80% Release of the Water, Sewer, Drainage, and Streets Faithful Performance Securities for Tract Map No. 16507; and
(2) Accept the completed Water, Sewer, Drainage, and Street Improvements.
10. Quarterly Investment Report as of September 30, 2023 Recommendation:
That the City Council/Board of Directors receive and file the attached Quarterly Investment Report as of September 30, 2023.
11. Fire Department Newsletter
Recommendation:
That the Honorable Council review and file the attached Fire Department Newsletter.
12. Settlement Agreement between the City of Victorville and GLV Investments, LLC and Jack Chen
Recommendation:
That the Honorable City Council approve the Citation Settlement Agreement by and between GLV Investments, LLC, Jack Chen, and the City of Victorville in regard to Citation Nos. 28608 and 23356 and authorize the City Manager to sign the Citation Settlement Agreement.
13. Settlement Agreement between the City of Victorville and Xue Mei Recommendation:
That the Honorable City Council approve the Citation Settlement Agreement by and between Xue Mei and the City of Victorville in regard to Citation Nos. 25452, 26251, and 26570 and authorize the City Manager to sign the Citation Settlement Agreement.
14. Settlement Agreement between the City of Victorville and Hai Lin Chen Recommendation:
That the Honorable City Council approve the Citation Settlement Agreement by and between Hai Lin Chen and the City of Victorville in regard to Citation No. 30429 and authorize the City Manager to sign the Citation Settlement Agreement.
Questions and comments ensued for items 11 through 14
Motion was made to approve staff recommendations for Consent Calendar items 3 through 14
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman
Motion passed 4-0 with Council Member Gomez voting no on items 12, 13, and 14 Ayes: Council Member Gomez, Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Irving
WRITTEN COMMUNICATIONS
15. Fentanyl Presentation
Recommendation:
Any action is at the discretion of Your Honorable City Council.
Questions ensued
Motion was made to approve City of Victorville and Institute of Public Strategies to work together to create a plan for a Fentanyl Program
Moved: Council Member Harriman
Seconded: Mayor Jones
Comments ensued
An amendment to the motion was made to include the cost and budget of the Fentanyl Program
Moved: Mayor Jones
Seconded: Council Member Harriman
Questions ensued
Amendment to the motion passed 3-1
Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
Absent: Council Member Irving
Motion passed 3-1
Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
Absent: Council Member Irving
16. Approval of the Village Drive Sidewalk Project and Budget Amendment Recommendation:
That the Honorable City Council approve the addition of the Village Drive Sidewalk Project to the Measure I Five Year Capital Improvement Plan and adopt Resolution No. 23-083 to:
(1) Accept a Transportation Development Act (TDA) Article 3 grant in the amount of $250,000 from the San Bernardino County Transportation Authority (SCTA) for the Village Drive Sidewalk Project;
(2) Amend the Fiscal Year 2023/2024 Budget to appropriate funds for the Village Drive Sidewalk Project, inclusive of revenue and expenses in the amount of $250,000 from the TDA Article 3 grant and matching expenses in the amount of $308,000 from Measure I;
(3) Authorize the City Manager or designee to execute said grant, inclusive of the submittal of claims and requests for reimbursement; and (4) Authorize the City Engineer to certify the completion of the project.
Item 16 was continued to a future meeting
17. Annexation of Tract No. 20280 into Drainage Facilities Assessment District No. 1 and Landscape Maintenance Assessment District No. 6
Recommendation:
That the Honorable City Council approve Resolution Nos. 23-091 and 23-092 which amend Resolution Nos. 23-088 and 23-089 to set a new public hearing date of December 5, 2023, to complete the annexation/assessment proceedings, and ratify the mailing of updated public hearing notices and assessment ballots.
Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman
Comments ensued
Motion passed 3-1
Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
Absent: Council Member Irving
Motion was made to combine items 18 and 19
Moved: Mayor Jones
Seconded: Mayor Pro Tem Becerra
Motion passed 3-1
Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
Absent: Council Member Irving
18. Approve Amendment One to the Standard Consultant/Professional Services Provider Agreement for Airport Layout Plan Update, Project CC21-015-1 Recommendation:
That the Southern California Logistics Airport Authority Board of Directors approve Amendment One to the Standard Consultant/Professional Services Provider Agreement to Burns & McDonnell Engineering Company, Inc., for Airport Layout Plan Update, Project CC21-015-1, increasing the total not to exceed compensation by $37,350 to $632,346.
19. Approve Amendment Two to the Standard Consultant/Professional Services Provider Agreement for Bidding Support, Construction Management & Inspection Services, Project CC21-015
Recommendation:
That the Southern California Logistics Airport Authority Board of Directors approve Amendment Two to the Standard Consultant/Professional Services Provider Agreement to Burns & McDonnell Engineering Company, Inc., for Bidding Support, Construction Management & Inspection Services, Project CC21-015, increasing the total not to exceed compensation by $135,120.49 to $1,037,363.83; and extending the Term of the Agreement to June 30, 2024.
Questions ensued
Motion was made to approve staff recommendations for items 18 and 19 Moved: Mayor Jones
Seconded: Council Member Harriman
Comments ensued
Motion passed 4-0
Ayes: Council Member Gomez, Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Irving
20. Approval for Mayor and Mayor Pro Tem to Issue Position Statements Regarding the Award of the County's Ambulance Contract
Recommendation:
Any action is at the discretion of your Honorable City Council. However, staff recommends that the Honorable City Council approve the following actions:
(1) Take a position which supports an award of the County's Ambulance Contract; and
(2) Authorize the Mayor and the Mayor Pro Tem to speak at the upcoming County Board of Supervisors meeting in support of the award of the ambulance transport contract to the ConFire Alliance.
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Harriman
Seconded: Mayor Pro Tem Becerra
Comments ensued
Motion passed 3-1
Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
Absent: Council Member Irving
21. Cancellation of the November 21, 2023, regular City Council meeting Recommendation:
Any action is at the discretion of Your Honorable City Council.
Motion was made to approve the cancellation of the November 21, 2023, regular City Council meeting
Questions ensued
Moved: Mayor Jones
Seconded: Council Member Harriman
Motion passed 3-1
Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
Absent: Council Member Irving
22. Revisions to Council Policy CP-12-01 - Expense Reimbursement Policy Recommendation:
Any action is at the discretion of Your Honorable City Council.
Questions ensued
Motion was made to approve policy CP-12-01 revision to $100 meal allowance per day including tax and gratuity of maximum 15%
Moved: Mayor Jones
Seconded: Council Member Harriman
Comments ensued
Motion passed 3-1
Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
Absent: Council Member Irving
23. Resolution No. 23-093 Disapproval of Actions taken by Councilmember Gomez and Reprimand of Councilmember Gomez related to her actions Recommendation:
Any action taken is at the discretion of the City Council.
Questions ensued
Motion was made to approve Resolution No. 23-093
Moved: Mayor Jones
Seconded: Council Member Harriman
Comments ensued
Motion passed 3-1
Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
Absent: Council Member Irving
24. City Manager Reports
City Manager Keith C. Metzler announced the Geen Tree Extension Project was awarded the Building Excellence and Safety Transportation Infrastructure Award from the Southern California Chapter of American Public Works Associations. He announced the Veterans Day Run/Walk Parade and Ceremony is on Saturday November 11, 2023, at the Veterans Memorial on the corner of 7' St and Forest Ave. The run/walk begins at 8:45a.m. registrations are online, and Parade begins at 9:00a.m. He also announced the City of Victorville Library is hosting a Veteran:
Day Thank You Craft on Thursday, November 9, 2023, from 11:00a.m. to 4:00p.m., the event is free, and no registration is required. Keith C. Metzler announced the Annual Festival of Lights and Victorville Tree Lighting will be on Saturday, December 2, 2023, at City Hall from 4:00p.m. to 7:00p.m. He announced the Wellness Center is projected to start operations in December, the operators hosted a local hiring fair that brought over 300 applicants. He also announced the October Community Clean Up Day was a success with 538 volunteers and 1350 bags of trash collected, totaling 5.5 tons. Keith C. Metzler announced the next City of Victorville Free Dump Day is on Saturday, November 18, 2023, from 8:00a.m. to 1:00p.m. at the former Victor Valley Junior High School. He also announced Code Compliance is starting the Community Enhancement Program that will include education and outreach to help improve neighborhoods.
25. Discussion and Possible Action Regarding Upcoming Agenda Items Motion was made to review and revise the entire City Council Policy and Procedure Manual for any outdated policies by the March 5, 2024, regular City Council meeting, and to update CP12-01 at the second meeting in January 2024 Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman
Motion passed 3-1
Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
Absent: Council Member Irving
Motion was made to agendize an item for the next City Council meeting, for discussion and possible action, to direct City Attorney Andre de Bortnowsky to write a letter to address concerns over the Leadership and Action Award bestowed upon Council Member Gomez by the League of California Cities Moved: Mayor Jones
Seconded: Council Member Harriman
Motion passed 3-1
Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez
Absent: Council Member Irving
26. Reports from Council Members
Council Member Gomez reported on her involvement with the community.
Mayor Pro Tem Becerra reported on her attendance to the High Desert Corridor Joint Powers Agency as Vice Chair.
Mayor Jones reported on her attendance to the San Bernardino County Transportation Authority meetings. She also gave her gratitude to Mayor Pro Tem Becerra for being at the Fall Festival and doing a Ribbon Cutting in her stead.
Adjournment
Mayor Jones adjourned the meeting at 8:27 p.m.
Attest:
Debra Jones, Mayor Tont Thompson, Gly CHork
Elizabeth Becerra