Attachment C
City Council Chambers
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
Tuesday, December 5, 2023
5:00 p.m. Closed Session
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 Item(s) by City Attorney
City Attorney Andre de Bortnowsky announced one (1) closed session item 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)
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 Jenele Davidson, City Clerk Jennifer Thompson, City Attorney
Andre de Bortnowsky
Closed Session Announcements by the City Attorney
City Attorney Andre de Bortnowsky announced one (1) closed session item as set forth on the agenda. There were no reportable actions with respect to this item.
Invocation: Pastor Dane Davis of Impact Christian Church
Pledge of Allegiance: Police Captain John Wickum
City Clerk Presents Agenda/Revisions to Agenda
Agenda presented with no revisions reported.
Conflict of Interest Declarations
Mayor Pro Tem Becerra declared she would recuse herself from Item 9, due to the proximity of the project to her residence.
Introduction to Public Comments
None
PUBLIC HEARING(S)
1. Annexation of Tract Map No. 20280 into Drainage Facilities Assessment District No. 1 and Landscape Maintenance Assessment District No. 6
Recommendation:
That the Honorable City Council:
(1) Conduct the public hearing;
(2) Take testimony;
(3) Conclude the public hearing and direct the City Clerk to tabulate the assessment ballots;
(4) Adopt Resolution Nos. 23-094 and 23-095 declaring the results of the property owner protest ballots; and
(5) If no majority protest exists, adopt Resolution Nos. 23- 096 and 23- 097 confirming that no majority protest exists, adopting the Engine er’s Reports as final, ordering the annexation of Tract Map No. 20280 to Drainage Facilities assessment District No. 1 and Landscape Maintenance Assessment District No. 6, and the levy and collection of assessments on the parcels therein commencing in Fiscal Year 2024/2025.
Questions ensued
The Chair opened the Public Hearing
There were no speakers
The Chair closed the Public Hearing
City Clerk opened the assessment ballots, and
declared that no majority protest
existed
Motion was made to approve staff recommendations
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
CONSENT CALENDAR
2. Second Reading of Ordinance No. 2445
Recommendation:
That the City Council adopt, by second reading, Ordinance No. 2445 amending in part Chapter 13.27 of the Victorville Municipal Code regarding the regulation of camping or storage of personal property in public areas.
3. Commercial Demand Schedule No. 6
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 6 in the amount of $6,024,971.00, covering Electronic Fund Transfers No. 336509 through 336578 and Warrant No. 792132 through 792223 for 09/14/2023 through 09/20/2023, Warrant No. 792294 through 792489 for 09/21/2023 through 10/01/2023 and Wire Transfer dated 09/27/2023, per the adopted budget for Fiscal Year 2023- 2024 for the period covering July 1, 2023 through June 30, 2024.
Due to technical challenges, warrant numbers f or September 21, 2023 through November 08, 2023 may not align as manual entry was done in between normal check processes. A spreadsheet showing the cross reference of the manual check numbers vs. the system check numbers is attached for reference.
4. Commercial Demand Schedule No. 7
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 7 in the amount of $3,571,163.44, covering Warrant No. 792571 through 792723 for 10/02/2023 through 10/11/2023, and Wire Transfer dated 10/05/2023, per the adopted budget for Fiscal Year 2023- 2024 for the period covering July 1, 2023 through June 30, 2024.
Due to technical challenges, warrant numbers for September 21, 2023 through November 08, 2023 may not align as manual entry was done in between normal check processes. A spreadsheet showing the cross reference of the manual check numbers vs. the system check numbers is attached for reference.
5. Commercial Demand Schedule No. 8
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 8 in the amount of $19,049,121.92, covering Warrant No. 792724 through 792856 for 10/12/2023 through 10/19/2023, Electronic Fund Transfers No. 336588 through 336752 and Warrant No. 792233 through 792293 for 10/20/2023 through 10/25/2023 and Wire Transfers dated 10/12/2023 through 10/25/2023, per the adopted budget for Fiscal Year 2023- 2024 for the period covering July 1, 2023 through June 30, 2024.
Due to technical challeng es, warrant numbers for September 21, 2023 through November 08, 2023 may not align as manual entry was done in between normal check processes. P rocesses. A spreadsheet showing the cross reference of the manual check numbers vs. the system check numbers is attached for reference.
6. Commercial Demand Schedule No. 9
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 9 in the amount of $6,978,071.11, covering Electronic Fund Transfers No. 336753 through 336811 and Warrant No. 792490 through 792570 for 10/26/2023 through 11/01/2023, Elect ronic Fund Transfers No. 336813 through 336878 and Warrant No. 792857 through 792917 for 11/02/2023 through 11/08/2023, per the adopted budget for Fiscal Year 2023- 2024 for the period covering July 1, 2023 through June 30, 2024.
Due to technical challeng
es, warrant numbers for September 21, 2023 through
November 08, 2023 may not align as manual entry was done in between normal check processes. A spreadsheet showing the cross reference of the manual check numbers vs. the system check numbers is attached for reference.
7. Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 3B for Payroll Period September 1, 2023, through September 15, 2023, in the amount of $2,023,849.10 covering Check Nos. 33682 through 33697, including Vendor checks. Please note employee Check No. 33686 has a live Check and an EFT Advice. Also included are Advice Nos. 305126 through 305643, per adopted budget for Fiscal Year 2023-2024 (period covering July 1, 2023, through June 30, 2024).
Questions and comments ensued for Items 2 through 6
Motion was made to approve staff recommendations for Items 2 through 7
Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra
Motion passed 5-0 with Council Member Gomez voting no on item 2
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
WRITTEN COMMUNICATIONS
8. Appointment of Mayor and Mayor Pro Tem
Recommendation:
That the Honorable City Council
(1) Direct the City Clerk to open nominations for the office of Mayor, take nominations, announce the outcome of the vote and declare the appointment upon a majority vote of the Council;
(2) The newly appoi nted Mayor shall preside over the process for the office of Mayor Pro Tem, unless he/she prefers the City Clerk to facilitate the appointment; and
(3) Open nominations for the office of Mayor Pro Tem, take nominations, and have the City Clerk announce the outcome of the vote and declare the appointment upon a majority vote of the Council.
City Clerk opened nominations for the office of Mayor
Council Member Irving nominated Council Member Becerra
Council Member Becerra accepted the nomination
Council Member Gomez nominated Council Member Gomez
Council Member Gomez accepted the nomination
Council Member Harriman nominated Council Member Jones
Council Member Jones accepted the nomination
City Clerk closed the nominations for the office of Mayor.
Council Member Gomez voted for Council Member Gomez
Council Member Harriman voted for Council Member Jones
Council Member Irving voted for Council Member Becerra
Council Member Becerra voted for Council Member Becerra
Council Member Jones voted for Council Member Jones
City Clerk declared a tie vote and the motion failed
City Clerk opened nominations for the office of Mayor
Council Member Irving nominated Council Member Becerra
Council Member Becerra accepted the nomination
Council Member Gomez nominated Council Member Irving
Council Member Irving declined the nomination
Council Member Harriman nominated Council Member Jones
Council Member Jones accepted the nomination
City Clerk closed the nominations for the office of Mayor
Council Member Gomez declined to vote
Council Member Harriman voted for Council Member Jones
Council Member Irving voted for Council Member Becerra
Council Member Becerra voted for Council Member Becerra
Council Member Jones voted for Council Member Jones
City Clerk declared a tie vote and the motion failed
The City Clerk advised that
nominations for Mayor would continue to the next
meeting
The Chair opened nominations for office of Mayor Pro Tem
Council Member Jones nominated Council Member Harriman
Council Member Harriman declined the nomination
Council Member Harriman nominated Council Member Becerra
Council Member Becerra accepted the nomination
Council Member Gomez nominated Council Member Gomez
Council Member Gomez accepted the nomination
The Chair closed the nominations for the office of Mayor Pro Tem
Council Member Gomez voted for Council Member Gomez
Council Member Harriman voted for Council Member Becerra
Council Member Irving voted for Council Member Becerra
Council Member Becerra voted for Council Member Becerra
Council Member Jones voted for Council Member Becerra
It was declared that Council Member Becerra will hold the office of Mayor Pro Tem
9. 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 (SBCTA) 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 re venue 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.
Mayor Pro Tem Becerra recused herself from this item at 6:26 p.m.
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Irving
Seconded: Council Member Harriman
Comments ensued
Motion passed 4-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Jones
Absent: Mayor Pro Tem Becerra
Mayor Pro Tem Becerra returned to the meeting at 6:45 p.m.
10. Amendments to Consultant/Professional Services Provider Agreements with Padilla & Associates, Inc. for Disadvantage Business Enterprise (DBE) and Labor Compliance Services
Recommendation:
That the Honorable City Council:
(1) Approve Amendment No. 1 to Consultant/Professional Services Provider Agreement ESC20-071 in an amount not to exceed $25,000.00; and (2) Approve Amendment No. 2 to Consultant/Professional Services Provider Agreement ESC21-094 in an amount not to exceed $35,000.00.
Questions ensued
Motion was made to approve staff recommendations
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
11. Acceptance of 2020 and 2021 San Bernardino County Homeland Security Grant Program
Recommendation:
That the Honorable City Council:
(1) Adopt Resolution No. 23-098 accepting the awards of the 2020 and 2021 San Bernardino County Homeland Security Grant Program in the total amount of $50,729 and amending the FY23- 24 budget for revenue and expenditures for said grant awards; and
(2) Authorize the City Manager or his designee to execute all grant related documents necessary to secure said grant funds and to implement and carry out the approved purchase specified in the quote.
Questions ensued
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Gomez
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
12. Presentation to Award a Three (3) Year Contract to Badawi & Associates for Professional Auditing Services
Recommendation:
That the City Council / Board of Directors award a three (3) year professional services agreement to Badawi & Associates, Certified Public Accountants for Professional Auditing Services with two (2) one- year option terms based on performance.
Questions ensued
Motion was made to approve staff recommendation
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
13. Approve Amendment Two to the General Services Provider Standard Agreement for Unarmed Security Guard Services, Project CC22-111
Recommendation:
That your Honorable City Council approve Amendment Two to the General Services Provider Standard Agreement to Alltech Industries, Inc., for unarmed security guard services, Project CC22- 111, increasing the total not to exceed compensation by $4,900 to $217,283.36.
Questions ensued
Motion was made to approve staff recommendation
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
14. Possible letter to League of California Cities regarding the Leadership and Action award bestowed on Council Member Gomez during the September 2023 League of Cities Conference
Recommendation:
Any action is at the discretion of Your Honorable City Council.
Questions ensued
Motion was made for City Attorney Andre de Bortnowsky to immediately submit a letter to the League of California Cities, with a copy to the representative of the Desert Mountain D ivision to address present concerns and inquire for which criteria Council Member Gomez received credit.
Moved: Mayor Jones
Seconded: Mayor Pro Tem Becerra
Comments ensued
Motion passed 3-2
Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez, Council Member Irving
15. City Manager Reports
City Manager Keith C. Metzler reported that the County Board of Supervisors voted unanimously to award the upcoming medical transport contract to CONFIRE; to take effect in October 2024.
City Manager Metzler also announced that the City has officially started the Residential Organics Recycling program. There will be informational brochures for the first delivery of the green barrels. Roll out is expected to be completed by the end of December , a nd the organics cost is expected to go into place in January. This program is to comply with California Senate Bill 1383, which is the mandate for all California cities to divert organic waste from going to the landfill.
The Wellness Center ribbon- cutting ceremony will be held on the morning of Friday, December 8 th, and g uided tours for members of the public will be held that afternoon. Registration can be done online on the City website.
Lastly, the City Manager announced that Joel Orduno was selected to receive the Paramedics Scholarship from the City of Victorville , granting him a full ride to attend the Victor Valley College Paramedic Academy.
16. Discussion and Possible Action Regarding Upcoming Agenda Items
Motion was made to agendize an item for the December 19 th City Council meeting, for discussion and possible action, regarding the takeaways with the City’s participation and whether or not the City should entertain participating in the Interagency Council on Homelessness.
Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra
Motion passed 4-1
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra
Noes: Mayor Jones
Motion was made to agendize an item for the December 19 th City Council meeting, for discussion and possible action, to revise the language in the City Council Policy and Procedure Manual , limiting the number of terms one can serve in the office of Mayor to two years , unless extended by a majority vote .
Additionally, if the Council is unable to meet consensus for the office of Mayor, the sitting Mayor Pro Tem with assume the position of Mayor.
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
Motion was made to agendize an item for the December 19 th City Council meeting, for discussion and possible action, to review City Council Member benefits.
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
17. Reports from Council Members
Council Member Gomez reported on her involvement with the community.
Council Member Harriman reported on the Christmas parade, and that there was a great turn out. He felt honored to be a part of it and looks forward to next year.
Mayor Pro Tem Becerra reported that the tree lighting ceremony was a great success and thanked City Manager Keith C. Metzler and his staff.
Mayor Jones reported on her attendance to the San Bernardino County Transportation Authority (SBCTA) General Policy Committee, a roundtable on homelessness and housing with regional Mayors and the Department of Housing and Urban Development director , Victor Valley Wastewater Reclamation Authority, Mojave Desert and Mountain Recycling A uthority Joint Powers Authority, SBCTA Mountain Desert Policy Committee, an SBCTA Transportation Investment Committee Workshop, the Larry Chimbole Public Service Award ceremony for Mayor R andall Putz of Big Bear Lake, and the Veteran’s Day parade. She also attended the San Bernardino County Children and Family Services adoption ceremony , the Christmas parade, and the annual festival and tree-lighting ceremony . B y invitation, she attended the Christmas concert and tree lighting at the First Assembly of God church with Council Member Harriman.
Additionally, she attended the second celebration of Superior Grocers, and the grand reopening of Raul’s Tequila and Kitchen . Mayor Jones also reported the students of the Safe Ambassador Program received a tour of City Hall , and also got to ask questions to a panel that included the City’s PIO, Victor Valley Transit Authority, a Sherrif’s deputy, and local non-profits which was facilitated by Karen Diaz from Senator Scott Wilk’s office.
Adjournment
Mayor Jones adjourned the meeting at 8:05 p.m.
Attest:
____________________ ___________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk