PRESENT: Councilmembers Cox, Garcia, Kennedy, McEachron, and Valles CLOSED SESSION MEETING

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1 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 VICTORVILLE HOUSING TRUST DECEMBER 18, 2012 The meeting of the City Council of the City of Victorville was called to order at 5:00 p.m. by Mayor Cox in Council Chambers, Victorville City Hall, Civic Drive, Victorville, California. ROLL CALL PRESENT: Councilmembers Cox, Garcia, Kennedy, McEachron, and Valles LATE: ABSENT: None None CLOSED SESSION MEETING PUBLIC COMMENT: 1. PUBLIC COMMENT ON ITEMS OF INTEREST TO THE PUBLIC There was no public comment. DECLARATION OF CLOSED SESSION ITEMS BY CITY ATTORNEY: City Attorney de Bortnowsky stated there was closed session Item #A, anticipated litigation pursuant to Government Code Section , subdivision (c), one potential case. In addition, City Attorney de Bortnowsky requested approval to add an urgency item that came to the attention of this office after the posting of the agenda on Thursday, December 13, It will also be anticipated litigation. Under Government Code (b)(2), Council would have to make a finding that the item arose after the posting of the agenda and that there is an immediate need. The facts related to that are that our office received a letter from the Department of Finance on Thursday evening, after the posting of the agenda, that disputes certain amounts that we believe the Successor Agency is entitled to and in fact, this is a closed session for the Successor Agency to the RDA. It disputes the amount that we believe the Agency is entitled to and per the terms of the letter, if we were to disagree with this letter, there could be serious ramifications to the City and we have to remit the funds per the terms of the letter within five (5) business days. Therefore, there is an immediate need and it is before the next council meeting so I need direction from Council and a motion to place this item on the agenda. It was moved by Councilmember Kennedy, seconded by mayor Pro Tem McEachron to add the urgency item to the Successor Agency to RDA closed session; motion carried unanimously.

2 2 URGENCY ITEM SUCCESSOR AGENCY TO THE RDA CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION Initiation of litigation pursuant to subdivision (c) of Section Number of potential cases: One (1) CITY COUNCIL A. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION Initiation of litigation pursuant to subdivision (c) of Section Number of potential cases: One (1) RECESSED TO CLOSED SESSION AT 5:03 P.M. ROLL CALL REGULAR MEETING CONVENED AT 7:00 P.M. PRESENT: Councilmembers Cox, Garcia, Kennedy, McEachron, and Valles LATE: ABSENT: None None ALSO PRESENT: Douglas B. Robertson, City Manager/Executive Director; Keith Metzler, Assistant City Manager; Carolee Bates, City Clerk; Marcie Wolters; Deputy City Clerk; Andre de Bortnowsky, City Attorney; Don Trapp, SBC/City Fire Chief; Sophie Escobar, Assistant Director of EDD; Adele Mosher, Chief Financial Officer; Christian Guntert, Acting Director of Community Services; Sean McGlade, Director of Public Works/Water; Brian Gengler, City Engineer; Doug Matthews, Public Works Manager; Bill Webb, Director of Development; and Victorville Police Chief Don Yoder CLOSED SESSION ANNOUNCEMENTS BY THE CITY ATTORNEY: City Attorney de Bortnowsky announced that there was no reportable action taken on either item during closed session INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Minister Ricky Bullard from the Burning Bush Church and the Pledge of Allegiance was led by Victorville Police Chief Don Yoder. PRESENTATIONS: RECOGNITION OF OUTSTANDING YOUTH (COREY ELDER) WHO COLLECTED

3 3 AND DONATED MONEY FOR THE HOMELESS THANKSGIVING DINNER Due to the bad weather, Corey was not present and his certificate will be presented at a future council meeting. RECOGNITION OF SCHOOL BUS DRIVER (VERONICA TORRES) AND GOOD SAMARITAN (DAWN MASON) REGARDING GALILEO SCHOOL BUS ACCIDENT Mayor Cox asked Mr. Lionel Dew to present the Certificates of Recognition to the bus driver, Veronica Torres, for her ability and skill set to prevent serious injuries to her 40 students, and to the good Samaritan and neighbor, Dawn Mason for her assistance with the students, regarding the Galileo School bus accident. RECOGNITION OF VICTORVILLE POLICE OFFICERS WHO RECEIVED MOTHER S AGAINST DRUNK DRIVERS (MADD) AWARDS Mayor Cox and Chief Yoder thanked and presented Certificates of Recognition to Deputies Troy Moridian, Pedro Ortiz and Kevin Riberich for all their endeavors in ticketing and DUI arrests and their support and recognition for these arrests from the MADD organization (Mothers Against Drunk Drivers). PRESENTATION TO WINNERS OF VICTORVILLE RECYCLES WEEK CONTEST Public Works Manager Dana Armstrong and Burrtec representatives, Stephen Bradshaw and Sharon Mitchell made the presentation of Certificates and checks to the winners of the Victorville Recycles Week contest. CITY CLERK PRESENTED AGENDA TO COUNCIL REVISIONS: 2. REVISIONS TO AGENDA ITEMS Written Communications Item #20 proposed appointments to Boards, Commissions and Committees by Councilmembers PUBLIC COMMENT: 3. PUBLIC COMMENT ON ITEMS OF INTEREST TO THE PUBLIC: The following people spoke: Hakeem Majied, Sr., Victorville Pastor Al and Ronda Zorn, Victory Christian Center Norm Miller, Victorville CONSENT CALENDAR: LIBRARY BOARD OF TRUSTEES 4. MONTHLY STAFF REPORT OF SERVICES AND ACTIVITIES OCTOBER 2012 It was moved by Councilmember Kennedy, seconded by Mayor Pro Tem McEachron to approve and accept the monthly staff report; motion carried unanimously.

4 4 NO ITEMS AT TIME OF POSTING SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY WRITTEN COMMUNICATIONS: SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY 5. REQUEST TO APPROVE (1) ENTERING INTO A STANDARD SUBLEASE AGREEMENT BETWEEN THE BOEING COMPANY AND THE SCLAA FOR BUILDING 717, AND (2) APPROVE AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $42, FOR LEASE AND UTILITY REVENUES Assistant City Manager Metzler had comments. It was moved by Councilmember Valles, seconded by Councilmember Kennedy to enter into a Standard Sublease Agreement between the Boeing Company and the SCLAA for Building 717, and to approve an additional appropriation in the amount of $42, for lease and utility revenues; motion carried unanimously. 6. REQUEST TO APPROVE AND RATIFY (1) ENTERING INTO A STANDARD SUBLEASE AGREEMENT BETWEEN MERCY AIR SERVICES AND THE SCLAA FOR BUILDING 724, AND (2) APPROVE AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $ FOR LEASE REVENUE Assistant City Manager Metzler had comments. It was moved by Councilmember Valles, seconded by Mayor Pro Tem McEachron to approve and ratify entering into a Standard Sublease Agreement between Mercy Air Services and the SCLAA for Building 724 and to approve an additional appropriation in the amount of $ for lease revenue; motion carried unanimously. 7. REQUEST TO APPROVE A GENERAL SERVICES AGREEMENT WITH NU-WAY SECURITY AND INVESTIGATIVE SERVICES IN THE AMOUNT OF $204, ANNUALLY Assistant City Manager Metzler had comments. Kelly Gregg, Executive Account Manager for True Liberty Protection Services had comments. Mayor Cox and City Attorney de Bortnowsky had comments. Mr. Metzler went over the selection process. It was moved by Councilmember Kennedy, seconded by Mayor Pro Tem McEachron to approve a General Services Agreement with Nu-Way Security and Investigative Services in the amount of $204, annually; motion carried unanimously.

5 5 WRITTEN COMMUNICATIONS: SUCCESSOR AGENCY TO THE RDA 8. PRESENTATION OF REQUEST TO ADOPTION RESOLUTION NO. SA ENTITLED: Assistant City Manager Metzler had comments. Councilmember Valles had questions. Assistant City Manager Metzler and City Attorney de Bortnowsky replied in kind. It was moved by Mayor Pro Tem McEachron, seconded by Councilmember Kennedy to adopt Resolution No. SA entitled: A RESOLUTION OF THE SUCCESSOR AGENCY TO THE VICTORVILLE REDEVELOPMENT AGENCY APPROVING THE AGREEMENT TO TERMINATE AND RELEASE OWNER PARTICIPATION AGREEMENT BETWEEN THE FORMER VICTORVILLE REDEVELOMENT AGENCY AND THE REGIONAL CENTER OF VICTORVILLE DEVELOPMENT, INC. UNDER PART 1.85 OF DIVISION 24 OF THE HEALTH AND SAFETY CODE Motion carried unanimously. NO ITEMS AT TIME OF POSTING JOINT POWERS FINANCING AUTHORITY CONSENT CALENDAR: VICTORVILLE WATER DISTRICT 9. REQUEST TO RELEASE 100% OF THE LABOR AND MATERIALS WARRANTY CERTIFICATE OF DEPOSIT VICTORVILLE/DESERT SPRINGS, L.P. It was moved by Councilmember Kennedy, seconded by Mayor Pro Tem McEachron to release 100% of the Labor and Materials Warranty Certificate of Deposit for Victorville / Desert Springs, L.P.; motion carried unanimously. WRITTEN COMMUNICATIONS: 10. REQUEST TO AWARD THE PURCHASE OF A HEXPROTECT COVER FOR RECYCLED WATER POND AT WEST WINDS GOLF COURSE TO AWTT, INC. IN THE AMOUNT OF $35, City Attorney de Bortnowsky stated, for the record, that this item was not a conflict of interest for Councilmember Valles. Director of Public Works/Water McGlade had comments.

6 6 It was moved by Mayor Pro Tem McEachron, seconded by Councilmember Kennedy to award the purchase of a Hexprotect Cover for the recycled water pond at West Winds Golf Course to AWTT, Inc. in the amount of $35,356.70; motion carried unanimously. NO ITEMS AT TIME OF POSTING VICTORVILLE HOUSING TRUST PUBLIC HEARINGS: CITY COUNCIL 11. A PUBLIC HEARING CALLED TO HEAR ARGUMENTS FOR OR AGAINST THE INTRODUCTION OF ORDINANCE NO ENTITLED: Mayor Cox opened the public hearing and asked if anyone wished to speak for or against the introduction of Ordinance No amending Section of the Victorville Municipal Code regarding speed limits on various streets. There being no public testimony, Mayor Cox duly closed the public hearing. City Clerk Bates read the title of Ordinance No as follows: AN ORDINANCE OF THE CITY OF VICTORVILLE ESTABLISHING SPEED ZONES UPON CERTAIN STREETS IN SAID CITY AND AMENDING SECTION OF THE VICTORVILLE MUNICIPAL CODE, ENTITLED DECREASE OF STATE LAW MAXIMUM SPEED ON VARIOUS STREETS It was moved by Councilmember Valles, seconded by Councilmember Kennedy to introduce and waive the second reading of Ordinance No. 2297; motion carried unanimously. 12. A PUBLIC HEARING CALLED TO (1) RECEIVE CITIZEN AND AGENCY COMMENTS REGARDING THE CITY S NEEDS AND STRATEGIES FOR THE ANNUAL ACTION PLAN; AND (2) RECEIVE TESTIMONY TO CONSIDER PROJECTS THAT WILL BE SUBMITTED TO THE CITY FOR HCD GRANTS FOR FY BY NON- PROFIT ORGANIZATIONS AND CITY DEPARTMENTS Mayor Cox opened the public hearing and asked if anyone wished to speak regarding the HCD Grants. Mayor Pro Tem McEachron and Councilmember Kennedy recused themselves due to a potential conflict of interest if any of the applicants were their clients. The following people spoke: Phyllis Overall, Desert Rocks Film & Music Event Deborah Davis, Legal Aid Jodi Connally, Client of Legal Aid Richard Hawkins, Director of Senior Citizens Group for Legal Aid Galen Dang, Legal Aid

7 7 Cassandra Black, Sexual Assault Services Midge Nicosin, Victor Valley Community Services Council Greg Barnes, St. John of God Health Services There being no further public testimony, Mayor Cox duly closed the public hearing. No action was required. Mayor Cox had comments. Assistant City Manager Metzler had comments. Mayor Pro Tem McEachron and Councilmember Kennedy returned to the dais. CONSENT CALENDAR: 13. APPROVAL OF THE CONSENT CALENDAR AS FOLLOWS: It was moved by Councilmember Kennedy, seconded by Mayor Pro Tem McEachron to approve the consent calendar as follows: A. REQUEST TO APPROVE COMMERCIAL DEMAND SCHEDULE NO. 9 IN THE AMOUNT OF $19,685, COVERING MUNIS WARRANT NOS THROUGH INCLUSIVE AND WIRE TRANSFERS NOVEMBER 16, 2012 THROUGH NOVEMBER 30, 2012 B. REQUEST TO APPROVE PAYROLL DEMAND SCHEDULE NO. 5A FOR PAYROLL PERIOD OCTOBER 27, 2012 THROUGH NOVEMBER 9, 2012 IN THE AMOUNT OF $833, COVERING CHECK NOS THROUGH 27809, INCLUDING A VOID OF 27791, AND ADVICE NOS THROUGH , INCLUDING VENDOR CHECKS RUN THROUGH PAYROLL THROUGH C. REQUEST TO APPROVE PAYROLL DEMAND SCHEDULE NO. 5B FOR PAYROLL PERIOD NOVEMBER 10, 2012 THROUGH NOVEMBER 23, 2012, IN THE AMOUNT OF $888, COVERING CHECK NOS THROUGH AND ADVICE NOS THROUGH , INCLUDING THE VENDOR CHECKS RUN THROUGH PAYROLL OF THROUGH D. MINUTES FROM THE FOLLOWING MEETINGS: 1. REGULAR MEETING HELD NOVEMBER 20, BIENNIAL MEETING HELD DECEMBER 4, 2012 E. STAFF REPORT COMMUNITY SERVICES DEPARTMENT OCTOBER 2012 F. NOTICE OF COMPLETIONS: VILLAGE DRIVE CAPE SEAL PROJECT, COPP CONTRACTING 2. GOLDEN TRIANGLE SLURRY PROJECT, AMERICAN ASPHALT SOUTH 3. NEIGHBORHOOD STABILIZATION PROGRAM, (NSP) APN: , FOAL COURT, VICTORVILLE Motion carried unanimously.

8 8 WRITTEN COMMUNICATIONS: 14. PRESENTATION OF REQUEST TO ADOPT RESOLUTION NO ENTITLED: It was moved by Mayor Pro Tem McEachron, seconded by Councilmember Kennedy to adopt Resolution No entitled: A RESOLUTION OF THE CITY OF VICTORVILLE HEREBY AUTHORIZING THE DIRECTOR OF DEVELOPMENT TO SUBMIT AN APPLICATION FOR A CALRECYCLE WASTE TIRE ENFORCEMENT GRANT AND TO EXECUTE ALL GRANT RELATED OPERATIONS Motion carried unanimously. 15. PRESENTATION OF REQUEST TO APPROVE AMENDMENT NO. 1 TO THE SANBAG CONSTRUCTION COOPERATIVE AGREEMENT NO. C11200 FOR THE LA MESA / NISQUALLI / I-15 INTERCHANGE PROJECT Councilmember Kennedy had a question. Director McGlade replied in kind. It was moved by Councilmember Valles, seconded by Councilmember Kennedy to approve Amendment No. 1 to the SANBAG Construction Cooperative Agreement No. C11200 for the La Mesa / Nisqualli / I-15 Interchange Project; motion carried unanimously. 16. PRESENTATION OF REQUEST TO APPROVE AMENDMENTS TO THE FIRE DEPARTMENT CONTRACT FY 2012/2013 AND APPROVE AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $48, Mayor Cox had a question. City Manager Robertson and Fire Chief Trapp replied in kind. It was moved by Councilmember Valles, seconded by Councilmember Kennedy to approve amendments to the Fire Department contract FY 2012/2013 and approve an additional appropriation in the amount of $48,030.00; motion carried unanimously. 17. PRESENTATION OF REQUEST TO ADOPT RESOLUTION NO ENTITLED: It was moved by Councilmember Valles, seconded by Councilmember Kennedy to adopt Resolution No entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE, STATE OF CALIFORNIA, ADOPTING THE FIVE YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2013/2014 THROUGH 2017/2018 Motion carried unanimously. 18. PRESENTATION OF REQUEST TO APPROVE PROPOSED COUNCIL POLICY NO. CP (A), REGARDING DEVELOPMENT ASSESSMENT DISTRICTS ANNEXATION, VALUE & IMPOSITION Councilmember Valles and Mayor Cox had questions. Director McGlade and City Manager Robertson replied in kind.

9 9 It was moved by Mayor Pro Tem McEachron, seconded by Councilmember Kennedy to approve proposed Council Policy No. CP (A), regarding Development Assessment Districts Annexation, Value & Imposition; motion carried unanimously. 19. PRESENTATION OF REQUEST TO ADOPT RESOLUTION NO ENTITLED: It was moved by Councilmember Valles, seconded by Mayor Pro Tem McEachron to adopt Resolution No entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE SITTING AS THE CODE REVIEWING BODY AMENDING AND ADOPTING THE UPDATED CONFLICT OF INTEREST CODES OF THE CITY OF VICTORVILLE, THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY, THE VICTORVILLE JOINT POWERS FINANCING AUTHORITY, AND THE VICTORVILLE WATER DISTRICT, AND SUPERSEDING RESOLUTION NOS , SCLA , JPFA , AND VWD Motion carried unanimously. 20. PRESENTATION OF REQUEST THAT APPOINTMENTS BE MADE TO THE VARIOUS BOARDS, COMMISSIONS AND COMMITTEES ON WHICH THE CITY COUNCILMEMBERS SERVE The revision listing the Councilmember s appointments to the various committees, boards and commissions was provided to the Councilmembers. It was moved by Councilmember Kennedy, seconded by Mayor Pro Tem McEachron to approve said list with the caveat that changes may be made at a later date; motion carried unanimously. 21. PRESENTATION OF REQUEST THAT THE CITY COUNCIL EITHER RE-AFFIRM OR MAKE CHANGES TO THEIR APPOINTEES TO THE CITY S COMMITTEES Mayor Cox had comments. Councilmember Valles requested to re-appoint her appointment for the Community Services Committee. City Clerk Bates stated it would be posted for twenty (20) days and will be placed on the 1/15/13 agenda. Legislative Review Committee will stay as listed for the next sixty (60) days. It was moved by Councilmember Garcia, seconded by Mayor Cox to approve the appointment of Ronald Chavez to the Planning Commission; motion carried unanimously. It was moved by Mayor Pro Tem McEachron, seconded by Mayor Cox to re-appoint Robert Bob Wilson to the Planning Commission; motion carried unanimously. It was moved by Mayor Cox, seconded by Mayor Pro Tem McEachron to appoint Larry Huber to the Planning Commission; motion carried unanimously. It was moved by Mayor Pro Tem McEachron, seconded by Mayor Cox to re-appoint Richard Golden to the Community Services Committee; motion carried unanimously. All appointees will be asked to submit a letter of interest for the records.

10 COUNCIL COMMITTEE REPORTS Councilmember Valles gave a report on VVTA. Discussion ensued. COUNCIL REPORTS: 23. DISCUSSION AND POSSIBLE ACTION REGARDING ITEMS FOR THE UPCOMING CITY COUNCIL AGENDA No additional items. 24. REPORTS FROM STAFF & COUNCIL MEMBERS Mayor Pro Tem McEachron acknowledged the passing of former mayor, councilmember and community leader, Jean DeBlasis this past Sunday. She will be sorely missed. There will be a memorial for her January 5, 2013 at the Kemper Campbell Ranch. ADJOURNMENT OF MEETING There being no further business to come before the Council, Mayor Cox duly adjourned the meeting at 8:53 p.m. ATTEST: MAYOR OF THE CITY OF VICTORVILLE CITY CLERK