City Council - Regular Meeting

City Council - Regular Meeting

MINUTES OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AND THE CITY COUNCIL

SITTING AS THE LIBRARY BOARD OF TRUSTEES,

SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY,

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY,

SUCCESSOR AGENCY TO THE VICTORVILLE REDEVELOPMENT AGENCY,

THE VICTORVILLE JOINT POWERS FINANCING AUTHORITY,

THE VICTORVILLE WATER DISTRICT AND THE CITY COUNCIL

PERFORMING THE HOUSING FUNCTIONS OF THE FORMER

VICTORVILLE REDEVELOPMENT AGENCY

September 6, 2016

CALL TO ORDER

Mayor Garcia called the meeting to order at 5:00 p.m.

ROLL CALL

PRESENT:

Gloria Garcia, Jim Cox, Jim Kennedy, Ryan McEachron, and Eric Negrete.

LATE:

None

ABSENT:

None.

PUBLIC COMMENTS

There was no public comment.

DECLARATION OF CLOSED SESSION ITEM(S) BY CITY ATTORNEY

City Attorney de Bortnowsky announced nine (9) Closed Session items as set forth on the agenda and announced that any reportable action would be reported at the end of Closed Session or the commencement of Regular Session.

CITY COUNCIL

A.

CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9: Based on advice of legal counsel and existing facts and circumstances, a point has been reached in the opinion of the City Council that the City is facing significant exposure to litigation (Government Code section 54956.9(d)(2)). Pursuant to Government Code section 54956.9(e)(3), the existing facts and circumstances relate to a written communication received from the Law Office of Jack Silver (on behalf of California River Watch) alleging violations of the Clean Water Act and an intent to file suit against the City. The communication will be available for review in the City Clerk’s office pursuant to Government Code section 54957.5. Number of Potential Cases: One (1)

B.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: Property Location: Portion of APN’s 3091-281-03, 3091-281-06, 3091-281-07, 3091-281-10, 3091-281-11, 3091-281-12, 3091-291-04, 3091-421-06; City Negotiators: Doug Robertson, City Manager or authorized designee; Negotiating Parties: Various parties

Under Negotiation: Price and terms of payment

C.

CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1): Case Name: COMAV, LLC, et al. v. SCLAA and City of Victorville; Case No.: U.S. Department of Transportation Federal Aviation Administration FAA Docket No. 16-6-10

D.

CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1): Case Name: COMAV, LLC, et al. v. SCLAA, et al.; Case Nos.: 5:16-cv-01267, USDC, Central Division; 16-55886, United States Court of Appeal, Ninth Circuit

E.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1): Washington Fund, LLC., et al. v. City of Victorville San Bernardino County Superior Court Case No. CIVDS 1412104

SCLAA

F.

CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1): Case Name: COMAV, LLC, et al. v. SCLAA and City of Victorville; Case No.: U.S. Department of Transportation Federal Aviation Administration FAA Docket No. 16-6-10

G.

City Council - Regular Meeting

VICTORVILLE CITY COUNCIL

VICTORVILLE LIBRARY BOARD OF TRUSTEES

SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

SUCCESSOR AGENCY TO THE VICTORVILLE REDEVELOPMENT AGENCY

VICTORVILLE JOINT POWERS FINANCING AUTHORITY

VICTORVILLE WATER DISTRICT AND

THE CITY HOUSING ASSETS SUCCESSOR

Regular Meeting Agenda

Tuesday, September 6, 2016

04:45 P.M. 6:00 P.M. Regular Meeting

NOTICE TO THE PUBLIC: The City Council welcomes and encourages the public’s participation and invites the community to attend. If you cannot attend, you may stream it at www.victorvilleca.gov/agendas

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, ANYONE WHO

REQUIRES REASONABLE ACCOMMODATIONS TO PARTICIPATE IN A MEETING

MAY REQUEST ASSISTANCE AND/OR RECEIVE THE AGENDA IN AN ALTERNATIVE

FORMAT BY CONTACTING THE VICTORVILLE CITY CLERKS OFFICE (760) 955-5026

NO LATER THAN 72 HOURS PRIOR TO THE MEETING

CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS

THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE CITY COUNCIL ON ANY ITEM LISTED OR NOT LISTED ON THE AGENDA. PER GOVERNMENT CODE SECTION 54954.3, STATE LAW PROHIBITS THE COUNCIL FROM ADDRESSING ANY ISSUE NOT PREVIOUSLY INCLUDED ON THE AGENDA. THE COUNCIL MAY RECEIVE TESTIMONY AND SET THE MATTER TO A SUBSEQUENT MEETING.

COMMENTS ARE TO BE LIMITED TO THREE MINUTES PER INDIVIDUAL OR LESS, AS DEEMED NECESSARY BY THE MAYOR, DEPENDING UPON THE NUMBER OF INDIVIDUALS DESIRING TO SPEAK. ALL COMMUNICATIONS ARE TO BE ADDRESSED DIRECTLY TO THE COUNCIL, NOT THE MEMBERS OF THE AUDIENCE. THIS IS A PROFESSIONAL BUSINESS MEETING AND COURTESY AND DECORUM ARE EXPECTED. PLEASE REFRAIN FROM ANY DEBATE BETWEEN AUDIENCE AND SPEAKER, MAKING LOUD NOISES, OR ENGAGING IN ANY ACTIVITY, WHICH MIGHT BE DISRUPTIVE TO THE DECORUM OF THE MEETING.

DECLARATION OF CLOSED SESSION ITEM(S) BY CITY ATTORNEY

CITY COUNCIL

A.

CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9: Based on advice of legal counsel and existing facts and circumstances, a point has been reached in the opinion of the City Council that the City is facing significant exposure to litigation (Government Code section 54956.9(d)(2)). Pursuant to Government Code section 54956.9(e)(3), the existing facts and circumstances relate to a written communication received from the Law Office of Jack Silver (on behalf of California River Watch) alleging violations of the Clean Water Act and an intent to file suit against the City. The communication will be available for review in the City Clerk's office pursuant to Government Code section 54957.5. Number of Potential Cases: One (1)

B.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: Property Location: Portion of APN's 3091-281-03, 3091-281-06, 3091-281-07, 3091-281-10, 3091-281-11, 3091-281-12, 3091-291-04, 3091-421-06; City Negotiators: Doug Robertson, City Manager or authorized designee; Negotiating Parties: Various parties Under Negotiation: Price and terms of payment

C.

CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1): Case Name: COMAV, LLC, et al. v. SCLAA and City of Victorville; Case No.: U.S. Department of Transportation Federal Aviation Administration FAA Docket No. 16-6-10

D.

CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1): Case Name: COMAV, LLC, et al. v. SCLAA, et al.; Case Nos.: 5:16-cv-01267, USDC, Central Division; 16-55886, United States Court of Appeal, Ninth Circuit

E.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1): Washington Fund, LLC., et al. v. City of Victorville San Bernardino County Superior Court Case No. CIVDS 1412104

SCLAA

F.

CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1): Case Name: COMAV, LLC, et al. v. SCLAA and City of Victorville; Case No.: U.S. Department of Transportation Federal Aviation Administration FAA Docket No. 16-6-10

G.

CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1): Case Name: COMAV, LLC, et al. v. SCLAA, et al.; Case Nos.: 5:16-cv-01267, USDC, Central Division; 16-55886, United States Court of Appeal, Ninth Circuit