Attachment B
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, January 16, 2024
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 Irving, Council Member Jones, Mayor Becerra
Absent: Council Member Harriman
Public Comments for Closed Session Items
None
Declaration of Closed Session Item(s) by City Attorney
City Attorney Andre de Bortnowsky announced two (2) 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)
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, Council Member Jones, Mayor Becerra
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 two (2) closed session items as set forth on the agenda. There were no reportable actions with respect to these items.
Invocation: Council Member Jones
Pledge of Allegiance: Police Captain John Wickum
Proclamations/Special Presentations
Presentation Recognizing Sophia Burciaga, Winner of the City’s Annual Civil Rights Memorial Essay Contest, and Advanced Medical and Kidney Institute, Sponsor of the City’s Annual Civil Rights Memorial Essay Contest
Introduction of New Hires and Promotions to City Council
American Public Works Association Best Transportation Project of the Year Award for the Green Tree Extension
Animal Shelter Update
Presentation by City Manager to City Council – 2023 Year in Review
City Clerk Presents Agenda/Revisions to Agenda
City Clerk announced one (1) revision. Revision to agenda item 13: Exhibit A to Resolution No. 24-004, the Annual Development Impact Fee Report Table Two, Financial Summary for Fiscal Year 2023, the data on the table has been formatted to correctly display on the document and Table Three Public Improvement Fiscal Year 2023 has also been formatted correctly.
Conflict of Interest Declarations
Mayor Becerra declared a conflict of interest. Mayor Becerra will recuse herself for item
19. Introduction to Public Comments
Mayor Becerra provided an opening statement regarding public comments.
Public Comments
The following people spoke:
Al Cutillo spoke on general items
PUBLIC HEARING(S)
1. An Amendment to the Victorville Municipal Code with an Environmental Exemption Making Changes to Title 16 to Address the Recently Adopted Land Use Element of the General Plan
Recommendation:
That the Honorable City Council conduct a public hearing, receive public testimony, and take the following actions:
(1) Find the Code Amendment exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA);
(2) Introduce Ordinance No. 2448 for adoption, and first reading by title only, to amend Title 16 of the Victorville Municipal Code and rescind City Council Policy No. CP-11-05 pertaining to Interim Use Permit Regulations; and (3) Waive a further reading in full of proposed Ordinance No. 2448.
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: Council Member Irving
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, C ouncil Member Harriman, Council Member Irving, Council Member Jones, Mayor Becerra
CONSENT CALENDAR
2. Substitution of Trustee and Deed of Reconveyance for Map Case No. 09 -01-04 - Alcala
Recommendation:
That Your Honorable City Council:
(1) Approve the Substitution of Trustee and Deed of Reconveyance for MAP Case No. 09-01-04;
(2) Authorize the execution thereof by the City Manager; (3) Accept the payoff of the loan receivable; and
(4) Adopt Resolution No. CHAS 24- 001, amending the annual budget for Fiscal Year 2023-2024
3. Victorville Water District Operating Results Report for the Fourth Quarter of Fiscal Year 2023
Recommendation:
That the Honorable Victorville Water District Board of Directors review and file
4. Fire Department Newsletter
Recommendation:
That the Honorable Council review and file the attached Fire Department Newsletter.
5. Second Reading of Ordinance No. 2447
Recommendation:
That the City Council adopt, by second reading, Ordinance No. 2447 adopting the zone change portion of Case No. PLAN22- 00027; a zone change to rezone approximately 1.52 acres of General Commercial (C -2) designate d land to Industrial Park District (IPD) designated land on property located at the northwest corner of Dos Palmas Road and Park Avenue.
6. Notice of Completion - Eva Dell Park Playground Replacement
Recommendation:
That the Honorable City Counci l accept as complete and approve the Notice of Completion for the Eva Dell Park Playground Replacement project and authorize the City Manager to execute the Notice of Completion.
7. Payroll Warrant List
Recommendation:
That the City Council and B oard of Directors ratify Payroll Demand Schedule No. 5A for Payroll Period October 27, 2023, through November 10, 2023, in the amount of $2,113,124.20 covering Check Nos. 33730 through 33769, including Vendor checks. Please note employee Check Nos. 33745 - 33747 and 33753 have a live Check and an EFT Advice. Also included are Advice Nos. 306737 through 307246, per adopted budget for Fiscal Year 2023- 2024 (period covering July 1, 2023, through June 30, 2024).
8. Commercial Demand Schedule No. 11
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 11 in the amount of $5,227,529.53, covering Electronic Fund Transfers No. 337131 through 337260 and Warrant No. 793109 through 793294 for 11/29/2023 through 12/06/2023, per the adopted budget for Fiscal Year 2023- 2024 for the period covering July 1, 2023 through June 30, 2024.
9. Reduction of Securities for Tract Map No. 15310
Recommendation:
That the Honorable City Council:
(1) Approve an 80- percent release of the Faithful Performance Street securities for Tract Nos. 15310-1, 15310-2, and 15310-3;
(2) Approve the full release of the Faithful Performance and Labor & Materials for the Sewer and Street securities for Tract Nos. 15310-5 and 15310-6; (3) A pprove the full release of the Monumentation Faithful Performance Securities for Tract Map No. 15310; and
(4) Accept the recently completed street public improvements.
10. Commercial Demand Schedule No. 12
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 12 in the amount of $11,922,104.57, covering Electronic Fund Transfers No. 337261 through 337532 and Warrant No. 793295 through 793521 for 12/13/2023 through 01/02/2024, per the adopted budget for Fi scal Year 2023- 2024 for the period covering July 1, 2023 through June 30, 2024.
11. Reduction of Securities for Tract Map No. 16684
Recommendation:
That the Honorable City Council:
(1) Approve an additional 20- percent reduction for the Street, Wa ter, Drainage, and Sewer Faithful Performance Securities for Tract Map No. 16884; (2) Approve the full release of the LMAD Faithful Performance and Labor & Materials Securities for Tract Map No. 16884; and
(3) Accept the Street, Water, Drainage, and Sewer
improvements for
maintenance.
12. Full Monumentation Security Release for Tract Map No. 15598
Recommendation:
That the Honorable City Council approve the full release of the Monumentation Faithful Performance and Labor & Materials Securities for Tract Map No. 15598.
13. Annual AB 1600 Development Impact Fee Report for Fiscal Year 2022-2023
Recommendation:
That the Honorable City Council adopt Resolution No. 24- 004 approving the annual AB 1600 Development Impact Fee Report for Fiscal Year 2022-2023
Questions ensued for item 5
Motion was made to approve staff recommendation s for Consent Calendar items 2 through 13
Moved: Council Member Irving
Seconded: Mayor Becerra
Motion passed 5-0 with Council Member Gomez voting no on item 5
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Council Member Jones, Mayor Becerra
WRITTEN COMMUNICATIONS
14. Appointment of Mayor Pro Tem
Recommendation:
That Your Honorable City Council 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 Pro Tem
Council Member Gomez nominated Council Member Gomez
Council Member Gomez accepted the nomination
Mayor Becerra nominated Council Member Harriman
Council Member Harriman accepted the nomination
Council Member Gomez rescinded her nomination
Council Member Gomez nominated Council Member Irving
Council Member Irving declined the nomination
Council Member Gomez nominated Council Member Gomez
Council Member Gomez accepted the nomination
City Clerk 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 Harriman
Council Member Irving voted for Council Member Harriman
Council Member Jones voted for Council Member Harriman
Mayor Becerra voted for Council Member Harriman
City Clerk declared that Council Member Harriman will hold the office of Mayor Pro Tem
15. Purchase of a Lighting System Provided by Musco Sports Lighting, LLC for the Hook Jr. High Sports Field Lighting Project
Recommendation:
That the Honorable City Council approve the purchase of a lighting system provided by Musco Sports Lighting, LLC for the Hook Jr. High Sports Field Lighting Project in an amount not to exceed $277,312.50.
Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Pro Tem Harriman
Seconded: Council Member Irving
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Irving, Council Member Jones , Mayor Pro Tem Harriman, Mayor Becerra
16. Encampment Resolution Fu nding Program - Contract with San Bernardino County
Recommendation:
That the Honorable City Council take the following actions:
(1) Adopt Resolution Nos. 24- 001 authorizing a contract between the City of Victorville and San Bernardino County to receive California Encampment Resolution Funding (ERF) Program grant funding in the amount of $691,092.00 to aid the City of Victorville in engagement, stabilization, and housing of homeless individuals residing in the Mojave Riverbed Encampment Area, and the restoration of former encampment sites to their natural st ate in compliance with the ERF Program;
(2) Authorize the City Manager to finalize all documents needed to execute the contract; and
(3) Adopt Resolution No. 24 -002 amending the annual budget for fisc al year 2023- 2024 to reflect an additional appropriation in the amount of $691,092.00.
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Irving
Seconded: Mayor Pro Tem Harriman
Comments ensued
Motion passed 4-1
Ayes: Council Member Irving, Council Member Jones , Mayor Pro Tem Harriman, Mayor Becerra,
Noes: Council Member Gomez
17. Amendment No. 3 to the First Amended, Consolidated and Restated Exclusive Franchise Agreement with Victorville Dispo sal, Inc. for Solid Waste Refuse and Waste Diversion (Recycling) Services
Recommendation:
That the Honorable City Council:
(1) Approve Amendment No. 3 to the First Amended, Consolidated and Restated Exclusive Franchise Agreement between the City of Vic torville and Victorville Disposal, Inc. for Solid Waste Refuse and Waste Diversion (Recycling) Services; (2) Authorize the City Manager to make non- substantive changes and clarifications to the Amendment No. 3; and
(3) Authorize the Mayor to execute Amendment No. 3.
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Jones
Seconded: Council Member Irving
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Irving, Council Member Jones , Mayor Pro Tem Harriman, Mayor Becerra
18. Amendment No. 1 to the General Services Provider Standard Agreement with Industrial Clerical Recruiters, Inc. for Temporary Staffing Services, Project ESC24-012
Recommendation:
That the Honorable City Council approve amendment No. 1 to the General Services Provider Standard Agreement with Industrial Clerical Recruiters, Inc. (ICR) for Temporary Staffing Services, increasing the total compensation by $100,000.00 to an amount not to exceed $225,000.00.
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Jones
Seconded: Mayor Pro Tem Harriman
Comments ensued
Motion passed 4-1
Ayes: Council Member Irving, Council Member Jones , Mayor Pro Tem Harriman, Mayor Becerra
Noes: Council Member Gomez
Mayor Becerra recused herself at 8:07 p.m.
19. Fringe Benefits Update - Resolution No. 24-003
Recommendation:
That the Honorable City Council approve Resolution No. 24- 003 which revises the fringe benefits available to Council members who are also CalPERS retirees, retroactive to July 1, 2023
Questions ensued
Mayor Pro Tem Harriman called for a recess at 8:49 p.m.
Recess concluded at 8:56 p.m.
Council Member Gomez returned to the dais at 8:57 p.m.
Questions continued
Motion was made to approve staff recommendation with clarification that the highlighted language will be revised with clear intent
Moved: Council Member Jones
Seconded: Mayor Pro Tem Harriman
Comments ensued
Motion failed 2-2
Ayes: Council Member Jones, Mayor Pro Tem Harriman
Noes: Council Member Gomez, Council Member Irving
Recused: Mayor Becerra
Mayor Becerra returned to the dais at 9:15 p.m.
20. City Manager Reports
City Manager Keith C. Metzler announced the Free Christmas Tree Mulch Giveaway will be held on January 22nd, 2024, through February 23rd, 2024, from 8 a.m. to 4:30 p. m. at the V ictor Valley Compost Facility . He also announced Shred Fest and Compost Giveaway will be on February 3rd, 2024, from 8 a.m. to 12 p.m.
Keith C. Metzler announced that Animal Control continues to host Free Animal Adoptions Monday through F riday from 7:30 a.m. to 3 p .m. and Saturdays from 12 p.m. to 2 p.m. at the Amargosa location. He also announced a Final Inspection and Certificate of Occupancy was granted to Arby’s on Highway 395.
21. Discussion and Possible Action Regarding Upcoming Agenda Items
Motion was made to agendize an item for discussion and possible action for item 19 to be reconsidered at the next City Council meeting
Moved: Council Member Jones
Seconded: Mayor Becerra
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Irving, Council Member Jones , Mayor Pro Tem Harriman, Mayor Becerra
Motion was made to agendize an item for discussion and possible action at the
soonest possible City Council meeting to align Council Member‘s Health Benefits to that of the City Employees’ benefits
Moved: Council Member Jones
Seconded: Mayor Becerra
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Irving, Council Member Jones , Mayor Pro Tem Harriman, Mayor Becerra
Motion was made to agendize an item for discussion and possible action by the March 19th, 2024, City Council meeting , for the City Council to receive presentation from staff and an SBCTA representative to determine continuation in the JPA membership and participation in the San Bernardino Council of Governments
Moved: Council Member Jones
Seconded: Mayor Pro Tem Harriman
Motion passed 5-0
Ayes: Council Mem ber Gomez, Council Member Irving, Council Member Jones , Mayor Pro Tem Harriman, Mayor Becerra
Motion was made to suspend the rules in order to reconsider item 19 at the next City Council meeting
Moved: Council Member Jones
Seconded: Council Member Irving
Motion passed 4-1
Ayes: Council Member Irving, Council Member Jones , Mayor Pro Tem Harriman, Mayor Becerra
Noes: Council Member Gomez
Motion was made to agendize an item for discussion and possible action at the next City Council meeting, for Council to consider writing a letter in support of the Planning Commission’s decision on tiny homes construction in downtown Victorville
Moved: Mayor Becerra
Seconded: Council Member Irving
Motion passed 3-2
Ayes: Council Member Gomez, Council Member Irving, Mayor Becerra Noes: Council Member Jones, Mayor Pro Tem Harriman
22. Reports from Council Members
Council Member Jones commended Mayor Becerra for achieving her position as Mayor.
Mayor Pro Tem Harriman commended Council Member Jones for her three terms as Mayor.
Council Member Gomez reported on her involvement with the community.
Adjournment
Mayor Becerra adjourned the meeting at 9:27 p.m.
Attest:
____________________ ___________________________ Elizabeth Becerra, Mayor Jennifer Thompson, City Clerk