Attachment A
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, July 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 Pro Tem Harriman, Mayor Becerra
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code § 54957(b)
Position Title: City Manager
Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Present: Council Member Gomez, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
Absent: None
Also Present:
City Manager Keith C. Metzler, Deputy City Manager Sophie Smith, Deputy City Manager Jenele Davidson, Deputy City Manager Scott Webb, Deputy City Manager Tony Camargo,
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 was no reportable action in respect to this item.
Invocation: Reverend Frank Aldaoud from Impact Christian Church
Pledge of Allegiance: Police Captain Randy German
Special Presentations
Presentation from 1st District Supervisors Office
Presentation of Interns, New Hires, and Promotions to City Council
City Clerk Presents Agenda/Revisions to Agenda
City Clerk announced one (1) revision. Revision to agenda item number 18: Update to the Staff Report and the Policy Manual from actuarial to accrued when referring to Unfunded Actuarial Liability (UAL).
Conflict of Interest Declarations
There were no conflicts of interests reported.
Introduction to Public Comments
City Clerk Thompson provided an opening statement regarding public comments.
Public Comments
The following people spoke:
Janet Clark spoke on general items
Bruce Clark spoke on general items
Yang spoke on general items
Kenneth Artry spoke on agenda item 6
Ayisha Elliott spoke on general items
Scott Smith spoke on general items
PUBLIC HEARING(S)
1. Adoption of Resolution No. VWD 24-007 - Annual Assessments for Unpaid Water Fees
Recommendation:
That the Honorable Victorville Water District Board of Directors:
(1) Open and conduct the public hearing and receive testimony for the adoption of the proposed Resolution No. VWD 24-007;
(2) Close the public hearing;
(3) Adopt Resolution No. VWD 24- 007 entitled, “A Resolution of the Victorville Water District , City of Victorville, adding delinquent non- paid charges to the annual taxes levied upon the property for which the charges are delinquent and unpaid”; and
(4) Authorize the Director of Finance to execute the County Agreement for Collection of Special Taxes, Fees, and Assessments.
Questions ensued
The Chair opened the Public Hearing
Edmund Lee spoke in opposition
Rosendo Rico spoke in opposition
The Chair closed the Public Hearing
Motion was made to approve staff recommendations for points 3 and 4
Moved: Council Member Jones
Seconded: Mayor Pro Tem Harriman
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
2. Adoption of Resolution No. 24 -071 - Annual Assessments for Unpaid Rubbish Collection, Sewer Use Fees, Storm Drain Fees, Hazardous Waste Fees, and/or Assembly Bill 939 Recycling Fees
Recommendation:
That the Honorable City Council:
(1) Open and conduct the public hearing and receive testimony for the adoption of the proposed Resolution No. 24-071;
(2) Close the public hearing;
(3) Adopt Resolution No. 24- 071 entitled, “A Resolution of the City Council of Victorville, California, making determination and confirming assessments and proceedings for Unpaid Rubbish Collection, Sewer Use Fees, Storm Drain Fees, Hazardous Waste Fees, and/or Assembly Bill 939 Recycling Fees; and (4) Authorize the Director of Finance to execute the County Agreement for Collection of Special Taxes, Fees, and Assessments.
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 for points 3 and 4
Moved: Mayor Becerra
Seconded: Council Member Irving
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
3. Annual Confirmation of Maintenance Assessment Districts for Fiscal Year 2024/2025
Recommendation:
That the Honorable City Council:
(1) Open and conduct a public hearing to receive testimony for the final approval of the Engineer’s Reports for Maintenance Assessment Districts 1 through 3, Drainage Facility Assessment Districts 1 through 3, Landscape Maintenance Assessment Districts 1 through 8, and the City -Wide Street Lighting Assessment District and adoption of proposed Resolution Nos. 24- 049 through 24 -052 confirming and ordering the levy and collection of the annual assessments for the respective assessment districts;
(2) Close the public hearing;
(3) Give final approval of the Engineer’s Reports for each assessment district; (4) Adopt Resolution Nos. 24-049 through 24-052; and
(5) Authorize the Finance Director/City Treasurer to execute all documents related to implementation of the special assessment district fees.
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 for points 3 through 5
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
CONSENT CALENDAR
4. Commercial Demand Schedule No. 23
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 23 in the amount of $6,969,933.08, covering Electronic Fund Transfers No. 339618 through 339761 and Warrant No. 795600 through 795806 for 05/30/2024 through 06/12/2024, per the adopted budget for Fiscal Year 2023- 2024 for the period covering July 1, 2023 through June 30, 2024.
5. Payroll Demand Schedule No. 11A
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 11A for Payroll Period April 26, 2024, through May 10, 2024, in the amount of $2,096,019.76 covering Check Nos. 34025 through 34041, including Vendor checks. Please note employee Check Nos. 34028 and 34029 have a live Check and an EFT Advice. Also included are Adv ice Nos. 313656 through 314199, per adopted budget for Fiscal Year 2023- 2024 (period covering July 1, 2023, through June 30, 2024).
6. Second Reading of Ordinance No. 2450
Recommendation:
That the City Council adopt, by second reading, Ordinance No. 2450 amending the Victorville Municipal Code with an Environmental Exemption making various changes pertaining to the regulation and inspection of retail establishments that sell alcohol or tobacco for off-site consumption.
7. Reduction of Securities for Tract Map No. 14992
Recommendation:
That the Honorable City Council approve the full release of the Drainage, Sewer, and Water Public Improvement Faithful Performance Securities for Tract Map No. 14992.
8. Reduction of Securities for Tract Map No. 14751
Recommendation:
That the Honorable City Council approve the full release of the Drainage and Sewer Public Improvement Faithful Performance Securities for Tract Map No. 14751.
9. Reduction of Securities for Tract Map No. 17516
Recommendation:
That the Honorable City Council:
(1) Approve the full release of the Drainage and Water Public Improvement Faithful Performance Securities for Tract Map No. 17516; and (2) Approve the full release of the Drainage and Water Public Improvement Labor & Materials Securities for Tract Map No. 17516.
10. Reduction of Securities for Tract Map No. 13816
Recommendation:
That the Honorable City Council approve the full release of the Sewer and Water Public Improvement Faithful Performance Securities for Tract Map No. 13816.
11. Commercial Demand Schedule No. 24
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 24 in the amount of $7,813,565.11, covering Electronic Fund Transfers No. 339762 through 340026 and Warrant No. 795807 through 795996 for 06/13/2024 through 06/26/2024, per the adopted budget for Fiscal Year 2023- 2024 for the period covering July 1, 2023 through June 30, 2024.
12. Engineering Report for the Fourth Quarter of Fiscal Year 2024
Recommendation:
That the Honorable City Council review and file this quarterly report.
13. Reduction of Securities for Tract Map No. 14741
Recommendation:
That the Honorable City Council:
(1) Approve an 80% Reduction of the Water, Sewer, Storm Drain, and Streets Public Improvement Faithful Performance Securities for Tract Map No. 14741; and
(2) Accept the completed Water, Sewer, Storm Drain, and Streets Public Improvements.
14. Security Substitution for Tract Map Nos. 14132-1 through 3
Recommendation:
That the Honorable City Council:
(1) Enter into a Subdivision Improvement Agreement (SIA) with Richmond American Homes of Maryland, Inc., for Tracts 14132-1 through 3; (2) Accept new securities for the required public improvements for Tracts 14132- 1 through 3;
(3) Release the existing Lien Agreement with Victory Development, Inc., for Tract No. 14132-1;
(4) Release the existing Lien Agreement with Victory Development, Inc., for Tract No. 14132-2; and
(5) Release the existing Lien Agreement with Victory Development, Inc., for Tract No. 14132-3.
15. Wellness Center Quarterly Report
Recommendation:
That the Honorable City Council review and file the attached Wellness Center Quarterly Report.
16. Fire Department Newsletter
Recommendation:
No action is necessary – informational only
17. Receive and file of the annual Single Audit on Federal Expenditures report for Year Ended June 30, 2023
Recommendation:
That the City Council receive and file the Fiscal Year 2022-2023 Single Audit.
Questions and comments ensued for items 7 through 10 and 12 through 17
Motion was made to approve staff recommendation
s for Consent Calendar items
4 through 17
Moved: Council Member Irving
Seconded: Mayor Pro Tem Harriman
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
WRITTEN COMMUNICATIONS
18. Council Policy No. CP-24-02 (Pension Liability Management Policy)
Pension Liability Management Policy presentation by Wing-See Fox with Urban Futures, Inc.
Recommendation:
That the Honorable City Council adopt Council Policy No. CP -24-02, the Pension Liability Management Policy
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Jones
Seconded: Mayor Pro Tem Harriman
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
19. Approval to execute a Capacity Release Agreement with High Desert Power Project, LLC (“HDPP”) and a Transportation Services Agreement with Kern River Gas Transmission Company (“KRGT”) for the permanent release of HDPP firm gas transmission capacity on the KRGT High Desert Lateral (“HDL”) to serve the City of Victorville’s new gas delivery point on the HDL
Recommendation:
That the Honorable City Council:
(1) Approve the Capacity Release Agreement with HDPP to effectuate the permanent capacity release from HDPP to the City of Victorville of a pro rata share of HDPP’s firm natural gas transportation capacity rights and authoriz e the City Manager to execute the agreement; and
(2)
Approve the Transportation Services Agreement in form, allow the City Manager to accept non- substantive changes to the agreement, and authorize City staff to execute the contract using the KRGT portal on the Rapids database system
Questions ensued
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Harriman
Seconded: Mayor Becerra
Motion passed 4-1
Ayes: Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
Noes: Council Member Gomez
The Chair called for a Recess at 8:14 p.m.
Recess concluded at 8:24 p.m.
20. Macerich Assistance Payment Year 11 - Mall of Victor Valley Development Agreement
Recommendation:
That Your Honorable City Council authorize assistance payment as provided for in the Development Agreement with Macerich Victor Valley LLC in the amount of $360,674 for Calendar Year (CY) 2023.
Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Becerra
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
21. Grant of Easement and Agreement – National Railroad Passenger Corporation (“Amtrak”)
Recommendation:
That the Honorable City Council:
(1) Approve the Grant of Easement and Agreement by and between the City of Victorville and Amtrak; and
(2) Authorize the execution thereof by the City Manager.
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
22. Purchase of a Tactical Water Tender
Recommendation:
That the Honorable City Council approve the purchase of Tactical Water Tender in the amount of $509,431.71.
Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Becerra
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
23. Dissolution of the Homelessness Solutions Task Force
Recommendation:
That the Honorable City Council find that the Homelessness Solutions Task Force has fulfilled its intent and hereby takes action to dissolve the Task Force until such time reactivation is needed based on a determined need.
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Jones
Seconded: Mayor Pro Tem Harriman
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
24. Lighting Enhancement Course of Action for Old Town Victorville
Recommendation:
That the honorable City Council direct the City Manager to:
(1) Begin working with Southern California Edison to initiate and implement a design to add additional streetlights to existing infrastructure within public streets, alleys, and parking lots within the Old Town Specific Plan; and (2) Include wi
thin the Seventh Street Old Town Streetscape Improvement Project of the 2023-2026 Strategic Plan, a lighting study and proposed lighting standards for development throughout the Old Town Specific Plan area.
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Jones
Seconded: Mayor Becerra
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
25. Preliminary Feasibility Assessment - Community Swimming Pool for South Side of City
Recommendation:
Any action is at the discretion of the Honorable City Council.
Questions ensued
No action was taken
26. Cancellation of the August 6, 2024, 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 the August 6, 2024, regular City Council meeting
Moved: Council Member Irving
Seconded: Council Member Jones
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
27. City Manager Reports
City Manager Keith C. Metzler announced Free Dump Day for City of Victorville residents will be on Saturday , July 20 th, 2024, at Forrest Ave and 8 th St. He announced Code Enforcement, Public Works, and Victorville P D completed a comprehensive cleanup of the riverbed from Highway 15 to Highway 18, a total of 91 tons of trash were removed for proper disposal.
He also announced Animal Care and Control is hosting animal adoption events at the VVC Farmer’s Market on Thursday , July 18th, 2024, and Thursday August 1st, 2024, from 8:00 a.m. to 1 2:00 p.m. Animal Control will also be hosting an adoption, licens e, and microchip event at the Amargosa location on Saturday , July 27th, 2024, from 9:00 a.m. to 2:00 p.m.
City Manager Keith C. Metzler announced the Wellness Center began accepting families as of July 8 th, 2024. He announced the Bear Valley Rd Construction Project is in the final phase and is nearing completion. He also announced Fire and Code Enforcement will present a report in August regarding the 4th of July enforcement efforts.
He announced the final Concerts in the Park is on Friday, July 19 th, 2024 , at Hook Park. He announced the Victorville City Library will be hosting a Harry Potter Party on Friday, July 26 th, 2024 , from 11:00 a.m . to 3:00 p.m. He also announced Superior Grocers currently has a Temporary Certificate of Occupancy at Bear Valley Rd and Amethyst Rd.
28. Discussion and Possible Action Regarding Upcoming Agenda Items
Motion was made for discussion and possible action to direct staff to research the feasibility of purchasing land to build a community pool for all ages in the South area of the City.
Moved: Mayor Pro Tem Harriman
Seconded: Council Member Jones
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 August 20 th, 2024, City Council meeting to consider reprimanding Council Member Irving via resolution for the misuse of the City seal and prohibited use of her title on personal campaign items.
Moved: Council Member Jones
Seconded: Mayor Pro Tem Harriman
Motion failed 2-3
Ayes: Council Member Jones, Mayor Pro Tem Harriman
Noes: Council Member Gomez, Council Member Irving, Mayor Becerra
29. Reports from Council Members
Council Member Jones reported on being appointed President to the San Bernardino County Transportation Authority Mountain Desert Policy Committee and member of the SBCTA General Policy Committee. She also reported on being appointed President to Victor Valle y Wastewater Reclamation Authority.
Council Member Jones reported on her attendance to f ormer Victorville Mayor James Busby’s Memorial and gravesite services. She also asked Mayor Becerra to adjourn the meeting in memory of James Busby.
Council Member Gomez reported on her involvement with the community.
Mayor Becerra reported that beginning August 20th, 2024, the reports from council members will need to abide by the Policy Manual and be reports from City assigned Committees.
Adjournment
Mayor Becerra adjourned the meeting at 9:40 p.m., in memory of James Busby.
Attest:
_____________________ _________________________ Elizabeth Becerra, Mayor Jennifer Thompson, City Clerk