City Council - Regular Mtg

City Council - Regular Mtg

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

October 21, 2014

CLOSED SESSION CONVENES AT 5:00 P.M.

CALL TO ORDER

ROLL CALL

PRESENT:

Jim Cox, Ryan McEachron, Gloria Garcia, Jim Kennedy, and Angela Valles.

LATE:

None

ABSENT:

None.

PUBLIC COMMENTS

There was no public comment.

DECLARATION OF CLOSED SESSION ITEM(S) BY CITY ATTORNEY:

City Attorney de Bortnowsky declared three Closed Session items. Items A and B pertain to existing litigation pursuant to Government Code 54956.9(d)(1) for Southern California Logistics Airport Authority and the City Council. The parties to the litigation and the case numbers are set forth on the agenda. Item C pertains to four potential cases of anticipated litigation pursuant to Government Code Section 54956.9(d)(2) for the City Council and the facts and circumstances pertaining to the anticipated litigation are set forth on the agenda. Basically, it pertains to the re-opening of certain pieces of litigation that we thought had been settled at this point. To the extent that there is reportable action, we will report that at the conclusion of the Closed Session or at the commencement of the 6:00 p.m. meeting.

SCLAA

A.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1): SEC v. City of Victorville, Southern California Logistics Airport Authority, et al., Case No. USDC EDCV13-0776

CITY COUNCIL

B.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1): SEC v. City of Victorville, Southern California Logistics Airport Authority, et al., Case No. USDC EDCV13-0776

C.

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 (Gov. Code section 54956.9(d)(2)). Pursuant to Gov. Code section 54956.9(e)(2), the existing facts and circumstances relate to the possibility of re-opening the following cases under Code of Civil Procedure section 664.6: City of Victorville v. Eagle Mobile Home Center, Inc., et al, SBSC Case No. CIVVS 807042; The City of Victorville. v. VV, LLP, etc., et al, SBSC Case No. CIVVS 1002132; The City of Victorville v. Benjamin G. Porter, Jr., etc., et al, SBSC Case No. CIVVS 1003956; The Lamar Companies, et al v. The City of Victorville, et al, SBSC Case No. CIVVS 907804. Number of Potential Cases: Four (4)

RECESS TO CLOSED SESSION

ROLL CALL

PRESENT:

Jim Cox, Ryan McEachron, Gloria Garcia, Jim Kennedy, and Angela Valles.

LATE:

None

ABSENT:

City Council - Regular Mtg

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, October 21, 2014

5:00 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

CLOSED SESSION MEETING CONVENES AT

CLOSED SESSION CONVENES AT 5:00 P.M.

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:

SCLAA

A.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1): SEC v. City of Victorville, Southern California Logistics Airport Authority, et al., Case No. USDC EDCV13-0776

CITY COUNCIL

B.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1): SEC v. City of Victorville, Southern California Logistics Airport Authority, et al., Case No. USDC EDCV13-0776

C.

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 (Gov. Code section 54956.9(d)(2)). Pursuant to Gov. Code section 54956.9(e)(2), the existing facts and circumstances relate to the possibility of re-opening the following cases under Code of Civil Procedure section 664.6: City of Victorville v. Eagle Mobile Home Center, Inc., et al, SBSC Case No. CIVVS 807042; The City of Victorville. v. VV, LLP, etc., et al, SBSC Case No. CIVVS 1002132; The City of Victorville v. Benjamin G. Porter, Jr., etc., et al, SBSC Case No. CIVVS 1003956; The Lamar Companies, et al v. The City of Victorville, et al, SBSC Case No. CIVVS 907804. Number of Potential Cases: Four (4)

RECESS TO CLOSED SESSION

ROLL CALL

CLOSED SESSION ANNOUNCEMENTS BY THE CITY ATTORNEY

INVOCATION AND PLEDGE OF ALLEGIANCE

PRESENTATIONS

CITY CLERK PRESENTS AGENDA TO COUNCIL/REVISIONS TO THE AGENDA