Meeting

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

 VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY
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 Agenda
Tuesday, June 20, 2023

5:00 p.m. Closed Session
6:00 p.m. Regular Session

The City Council holds its business meetings in public in accordance with the requirements of the Ralph M. Brown Act, its established policies and procedures, and its adopted parliamentary authority. The Council strives to carry out its meetings in an atmosphere of professionalism with full participation by members of the body and the public. As such, the Presiding Officer is empowered to govern City Council Meetings to foster the efficient and fair administration of City business and reserves the right to enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of the City Council Policy and Procedures Manual.

The City Council welcomes and encourages public participation and invites the community to attend in person. Now that COVID-19 cases in our area have reduced to a point that social distancing requirements have been lifted, City Council Meetings will be held in-person at City Hall in Council Chambers.  Remote viewing of our Council Meetings is available through YouTube, but public comments must be given in-person at the meeting or in advance as noted below.

Public Comments: Members of the public may submit comments electronically to [email protected] by 4 p.m. the day of the meeting to be distributed to City Council. Participants are invited to address the Council on agendized and non-agendized topics at the beginning of the meeting. Public comments will be no longer than three (3) minutes per community member. Should a speaker conclude their comments prior to the expiration of three (3) minutes, the speaker waives the right to speak for any remaining amount of time. For further information about how to address the Council, please refer to the City’s website at victorvilleca.gov/government/agendas.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s office at (760) 955-5188 no later than 72 hours prior to the meeting.

 
5:00 p.m. Closed Session
 
Call to Order
 
Roll Call
 
Introduction to Public Comments
 
Public Comments for Closed Session Items
 
Declaration of Closed Session Item(s) by City Attorney
 
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 unspecified: (Disclosure would jeopardize existing settlement negotiations)   
 
D.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code § 54957(b)
Position Title: City Manager 
 
E.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION  
Pursuant to Government Code § 54956.9(d)(1)
Case name: The People of the State of California vs. Blanca Azucena Gomez
Case Nos: MVI21007253, MVI23001156 
 
Recess to Closed Session
 
6:00 p.m. Regular Session
 
Call to Order
 
Roll Call
 
Closed Session Announcements by the City Attorney
 
Invocation: Elder Michael Reyes of Destiny Christian Church
 
Pledge of Allegiance: Police Captain John Wickum
 
Proclamations/Special Presentations
 
Presentation of the Lifesaver Award to Members of the Victorville Fire Department    
City Clerk Presents Agenda/Revisions to Agenda
 
Conflict of Interest Declarations
Any items on this agenda that might be a conflict of interest to any Council Members/Board Members should be identified at this time.
 
Introduction to Public Comments
 
Public Comments
 
PUBLIC HEARING(S)
 
1.
Annual Confirmation of Maintenance Assessment Districts for Fiscal Year 2023/2024    Recommendation:
That the Honorable City Council:
(1) Conduct a public hearing and 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. 23-055 through 23-058 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; and
(4) Adopt Resolution Nos. 23-055 through 23-058.

CONSENT CALENDAR
 
2.
Wildfire Mitigation Plan for the City of Victorville Municipal Utility Services     Recommendation:
No action is required at this time. The VMUS 2023 Wildfire Mitigation Plan is being presented to the City Council for their review and possible comment.

3.
Presentation of Resolution No. 23-052 – Confirming the Annual Special Tax Amount to be Levied in Community Facilities District (“CFD”) 01-01 for Fiscal Year 2023-2024 (Mello-Roos); and presentation of Resolution No. 23-053 – Confirming the Annual Special Tax Amount to be Levied in Community Facilities District (“CFD”) 07-01 for Fiscal Year 2023-2024 (Mello-Roos)    Recommendation:
That the City Council adopt Resolution No. 23-052 to confirm the annual special tax to be applied to property taxes of CFD 01-01 affected parcels and adopt Resolution No. 23-053 to confirm the annual special tax to be applied to property taxes of CFD 07-01 affected parcels.

4.
Payroll Warrant List    Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 10C for Payroll Period April 14, 2023, through April 28, 2023, in the amount of $1,886,987.67 covering Check Nos. 33388 through 33403, including Vendor checks. Please note employee Check No. 33391 & 33394 have a live Check and an EFT Advice. Also included are Advice Nos. 300011 through 300509, per adopted budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).

5.
Commercial Demand Schedule No. 23    Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 23 in the amount of $3,341,561.21, covering Electronic Fund Transfers No. 335067 through 335192 and Warrant No. 790651 through 790790 for 05/26/2023 through 06/07/2023, per the adopted budget for Fiscal Year 2022-2023 for the period covering July 1, 2022 through June 30, 2023.

6.
Full Release of Public Improvement Faithful Performance Securities for Case Nos. BLDC18-00108 and EROW20-00087    Recommendation:
That the Honorable City Council approve the full release of the Public Improvements Faithful Performance Securities for Case Nos. BLDC18-00108 and EROW20-00087

7.
Release of Subdivision Improvement Agreement and Faithful Performance Security for Tract Map No. 16719    Recommendation:
That the Honorable City Council approve the release of the Subdivision Improvement Agreement and the full release of the Faithful Performance Security for Tract Map No. 16719

8.
Second Reading of Ordinance No. 2440    Recommendation:
That the City Council adopt, by second reading, Ordinance No. 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 purpose of addressing an imminent lack of animal sheltering capacity and facilities in the City, revising fee provisions, and updating references to responsible personnel.

WRITTEN COMMUNICATIONS
 
9.
Request to Approve Automatic Aid and Mutual Aid Agreement with Apple Valley Fire Protection District     Recommendation:
That the City Council approve the Automatic Aid and Mutual Aid Agreement between the Apple Valley Fire Protection District and the City of Victorville and authorize execution of the Agreement by the City Manager.

10.
Award Construction Agreements to Kelley’s Underground Construction Inc., High Desert Underground, Inc., and DDH Apple Valley Construction, Inc., for Qualified Emergency Water Contractor    Recommendation:
That the Honorable City Council and Victorville Water District Board of Directors (Board) award Construction Agreements for Qualified Emergency Contractor, Project CC23-082, by and between the Victorville Water District (District) and:
(1) Kelley’s Underground Construction Inc.,
(2) High Desert Underground, Inc., and
(3) DDH Apple Valley Construction, Inc.; and
By and between the City of Victorville and:
(4) Kelley’s Underground Construction Inc.
(5) High Desert Underground, Inc.; and
(6) DDH Apple Valley Construction, Inc.

11.
Approve the Purchase of a 2023 Freightliner Crane Truck    Recommendation:
That the Honorable Victorville Water District Board of Directors (Board) approve the purchase of a 2023 Freightliner Crane Truck from Commerce Truck Equipment Sales, LLC in an amount not to exceed $236,869.31.

12.
Bear Valley Road Overhead at BNSF Railroad Project - Budget Amendment for Federal Bridge National Highway Performance Program (NHPP) Grant Funds and Contract Change Order    Recommendation:
That the Honorable City Council take the following actions related to the Bear Valley Road Overhead at BNSF Railroad Project:
(1) Adopt Resolution No. 23-059 to amend the Fiscal Year 2022/2023 budget to reflect an additional revenue of $1,768,829.00 from Federal Bridge NHPP grant funds and an additional expense of $1,768,829.00; and
(2) Approve a contract change order in the amount not to exceed of $1,501,900.00.

13.
Project Proposal to California Transportation Commission for Local Streets and Roads Funding for Fiscal Year 2023-2024    Recommendation:
That the Honorable City Council:
(1) Adopt Resolution No. 23-054 approving the Mojave Drive (El Evado Road to La Paz Drive) Project for submittal to the California Transportation Commission (CTC) to be eligible to receive Local Streets and Roads Funds for Fiscal Year 2023-2024; and
(2) Authorize staff to submit this project proposal to the California Transportation Commission.

14.
Wellness Center Project - Phase 2 Supplemental Work Order (SWO) No. 9    Recommendation:
That the Honorable City Council approve SWO No. 9 for the Wellness Center Phase 2 construction contract resulting in an increase not to exceed $1,640,679.38.

15.
Green Tree Library – Conceptual Design    Recommendation:
That the Honorable City Council approve the preliminary site and floor plans and direct staff to move forward with the final design and construction phases of the project.

16.
Macerich Assistance Payment #9 - 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 $408,960.00 for Calendar Year (CY) 2022.

17.
Fiscal Year 2023/2024 Contracts/Renewals - Annual Supply and Service Agreements    Recommendation:
That the City Council/Board of Directors award contracts for the Annual Supply and Service Agreements to various vendors and suppliers for Fiscal Year 2023/2024 per the Adopted Budget approved on June 06, 2023.

18.
Receive and File of Annual Single Audit on Federal Expenditures Report for Year Ended June 30, 2022    Recommendation:
That the City Council receive and file the Fiscal Year 2021-2022 Single Audit.

19.
National Opioid Settlement Agreements    Recommendation:
That the Honorable City Council:
(1) Adopt Resolution No. 23-060, approving a budget amendment for Fiscal Year 2022-2023 to appropriate $61,252.75 in both revenue and expenditures related to the National Opioid Settlement Agreements;
(2) Adopt Resolution No. 23-061, authorizing the City of Victorville to agree to certain settlement agreements; and
(3) Authorize the City Manager to use all Opioid Settlement Fund Disbursements, including future funds, in accordance with the List of Opioid Remediation Uses provided in the Opioid Settlements.

20.
Fiscal Year 2023-2024 Training Schedule for City Council Members    Recommendation:
That Your Honorable City Council direct staff which business events Council will attend during Fiscal Year 2023-2024 to allow sufficient time for registration and travel accommodations.

21.
Fentanyl Awareness and Education Program    Recommendation:
Any action is at the discretion of Your Honorable City Council.

22.
City Wide Landscaping Beautification and Upkeep    Recommendation:
Any action is at the discretion of Your Honorable City Council.

23.
Removal of Member Blech and Neri from the Community Revitalization Investment Authority Board    Recommendation:
Any action is at the discretion of Your Honorable City Council.

24.
City Manager Reports   
25.
Discussion and Possible Action Regarding Upcoming Agenda Items   
26.
Reports from Council Members   
Adjournment