BARSTOW CITY COUNCIL / BARSTOW FIRE PROTECTION
DISTRICT / BARSTOW PUBLIC FACILITIES CORPORATION
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JULY 18, 2022
6:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA
JOINT SPECIAL MEETING
Agenda-July 18, 2022
MAYOR
Paul Anthony Courtney
COUNCILMEMBERS
Barbara Mae Rose
James M. Noble
Marilyn Dyer Kruse
Timothy R. Silva
ELECTED CITY CLERK
Andrea Flores
ELECTED CITY TREASURER
Michael Lewis
PLANNING COMMISSIONERS
Andrew Ziemer
Beatrice Lint
Miguel Morales
Rodney Brand Jr.
Juanantonio Delucas
BARSTOW FIRE PROTECTION
DISTRICT
A Subsidiary District of the City of
Barstow
Paul Anthony Courtney
Barbara Mae Rose
James M. Noble
Marilyn Dyer Kruse
Timothy R. Silva
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Member Timothy Silva
Council Member Barbara Rose
Council Member Marilyn Kruse
Mayor Pro Tem James Noble
Mayor Paul Courtney
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY
ITEM ON THE AGENDA INCLUDING ANY ITEM ON THE CONSENT
CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER
REQUEST CARD AND HAND TO THE CITY CLERK PRIOR TO THE
AGENDA ITEM BEING ADDRESSED. IF SPECIAL
ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST
BE GIVEN TO THE CITY CLERK.
CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE
WILL REMEMBER THE "CODE OF ETHICS" THAT WE
VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS
MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH
PATIENCE, CIVILITY AND COURTESY. THE DECISIONS MADE
TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW
COMMUNITY AND NOT FOR PERSONAL GAIN.
Agenda-July 18, 2022
PUBLIC COMMENT - CLOSED SESSION: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC
TO ADDRESS THE GOVERNING BOARD ON MATTERS ON THE CLOSED SESSION AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
CLOSED SESSION AGENDA ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:
Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
The City Council finds, based on advice from legal counsel, that discussion in an open session will prejudice the position of the City in the litigation.
Case Name: Hernandez v. City of Barstow, San Bernardino County Superior Court Case No.
CIV-SB-2125628
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:
Conference with Legal Counsel; Existing Litigation
(Gov. Code § 54956.9(d)(1))
Case name would jeopardize settlement negotiations
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Recommended Action:
(Gov. Code § 54956.9(d)(2) & (d)(3))
A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City.
Number of Potential Cases: 1
Facts and circumstances that might result in litigation but which the City believes are not yet known to potential plaintiff or plaintiffs.
(Gov. Code § 54956.9(e)(1))
REPORT OF CLOSED SESSION:
CALL TO ORDER - REGULAR MEETING 7:00 PM (or immediately following adjournment of Closed Session if adjourned after 7:00 PM):
INVOCATION:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Member Timothy Silva
Council Member Barbara Rose
Council Member Marilyn Kruse
Mayor Pro Tem James Noble
Mayor Paul Courtney
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING
ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HAND TO THE CITY CLERK PRIOR TO THE AGENDA ITEM BEING ADDRESSED.
IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
Agenda-July 18, 2022
CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE WILL REMEMBER THE "CODE OF ETHICS" THAT WE VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH PATIENCE, CIVILITY AND COURTESY. THE DECISIONS
MADE TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW COMMUNITY AND NOT FOR PERSONAL GAIN.
REVIEW AND APPROVAL OF AGENDA: THIS IS THE TIME FOR MEMBERS OF THE GOVERNING BOARD TO CALL FOR REARRANGING THE ORDER OF THE AGENDA; ADDING ITEMS TO OR REMOVING ITEMS FROM THE AGENDA; OR REMOVING ITEMS FROM THE CONSENT CALENDAR FOR DISCUSSION AND/OR SEPARATE ACTION.
PRESENTATIONS:
4. PRESENTATION OF CERTIFICATE OF APPRECIATION TO BARSTOW SUPERSTARS
CHEERLEADING
Recommended Action:
Presentation only.
5. PRESENTATION OF CERTIFICATE OF RECOGNITION TO KAY WHITECLOUD Recommended Action:
Presentation only.
6. AFTER-EVENT REPORT AND PRESENTATION FROM BARSTOW COMMUNITY COALITION/DESERT SANCTUARY INC.
Recommended Action:
After-event report and presentation only.
7. UPDATE - BARSTOW HUMANE SOCIETY
Recommended Action:
Presentation only.
8. MEASURE Q FUND FINANCIAL REPORT FISCAL YEAR 2021-2022 - 3RD QUARTER Recommended Action:
That the City Council receive and file the Measure Q sub-fund Financial Report for the 3rd Quarter of Fiscal Year 2021-2022 covering the period of January 1, 2022 - March 31, 2022.
CONSENT CALENDAR PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE GOVERNING BOARD ON ALL MATTERS ON THE CONSENT CALENDAR.
SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS ON ALL CONSENT ITEMS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
MINUTES ALL AGENCIES:
9. MINUTES JOINT SPECIAL MEETING - JUNE 20, 2022 7:00 P.M.
Recommended Action:
Approve minutes as presented.
BARSTOW PUBLIC FACILITIES CORPORATION:
10. CHANGE OF OFFICERS FOR YEAR 2022
Recommended Action:
Approve the 2022 change of officers for the Barstow Public Facilities Corporation and accept the 'Statement of Information' (Form 100) and the 'Statement of Facts' (Form 405).
Agenda-July 18, 2022
11. ANNUAL MEETING OF THE BARSTOW PUBLIC FACILITIES CORPORATION AND REVIEW OF THE FISCAL YEAR 2021 PUBLIC FACILITIES CORPORATION FINANCIAL STATEMENT Recommended Action:
Staff recommends that,
1. The Board of the Barstow Public Facilities Corporation hold its annual meeting as required by prior Board action, and
2. Review and accept the Barstow Public Facilities Corporation Financial Statement for the Fiscal Year ending June 30, 2021 for filing.
BFPD:
12. SECOND ADOPTION OF THE BARSTOW FIRE PROTECTION DISTRICT'S FINAL ANNUAL BUDGET FOR FY 2022-23 PURSUANT TO HEALTH AND SAFETY CODE SUBSECTION 13893
Recommended Action:
Staff recommends that pursuant to the Health and Safety Code requirements, the Barstow Fire Protection District's Board approve Resolution No. __-2022 adopting the Final Barstow Fire Protection District Annual Budget for Fiscal Year 2022-23 (Attachment A) and waive the full reading.
CITY COUNCIL:
13. RESOLUTION DESIGNATING THE CITY AS THE ENFORCEMENT AGENCY FOR SINGLEUSE FOODWARE REGULATIONS Recommended Action:
That the City Council adopt Resolution No. ____-2022 designating the City as the enforcement agency for state regulations on single-use foodware accessories and standard condiments, and waive the full reading.
14. APPROVAL OF CITY COUNCIL AND CITY CLERK TRAVEL TO THE LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG BEACH, CA
Recommended Action:
Approve travel for Mayor Paul Anthony Courtney, Council Member Marilyn Dyer Kruse, Council Member Barbara Rose and City Clerk Andrea Flores to Long Beach, CA for the League of California Cites Annual Conference.
15. AWARD OF COMMUNITY PROMOTIONAL FUNDS FOR FISCAL YEAR 2022-2023 Recommended Action:
Authorize the allocation from the Measure Q Fund towards providing in-kind donations of fee waivers in the amount of $36,576 for Fiscal Year 2022-2023.
16. PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BARSTOW AND MAIN STREET MURALS FOR THE PRODUCTION OF "MURALS ALONG MAIN STREET", BARSTOW, CA.
Recommended Action:
1. Determine if the program continues to meet the needs of the community; and
2. If yes, authorize the Mayor to sign a one-year Professional Services Agreement between the City of Barstow and Main Street Murals for $35,000 with quarterly payments of $8,750.00.
17. APPROVAL OF AMENDMENT FOUR TO AMEND AND REINSTATE THE AGREEMENT FOR
ANIMAL CONTROL SERVICES WITH BARSTOW HUMANE SOCIETY
Recommended Action:
Approve the Agreement for Animal Control Services with Barstow Humane Society, and authorize the City Manager to execute the agreement.
Agenda-July 18, 2022
18. ADOPTION OF ORDINANCE 991-2022 APPROVING DEVELOPMENT AGREEMENT NEBRINA BARSTOW LLC. COMMERCIAL CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 991-2022 approving Nebrina Barstow LLC’s application for a Commercial Cannabis Dispensary permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its April 25, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.
19. 2ND READING AND ADOPTION OF ORDINANCE 993-2022 AMENDING CHAPTER 5.91, TITLE 5 OF THE BARSTOW MUNICIPAL CODE ENTITLED "ANNUAL RENTAL PROPERTY INSPECTION REQUIREMENTS"
Recommended Action:
Adopt Ordinance No. 993-2022, amending Chapter 5.91, Title 5 of the Barstow Municipal Code Entitled Annual Rental Property Inspection Requirements. Adoption of this Ordinance is exempt from review under the California Environmental Quality Act under CEQA Guidelines section 15301.
DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FROM
CONSENT CALENDAR BY COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME).
PUBLIC HEARINGS:
20. LIEN PROTEST HEARING FOR DELINQUENT TRASH & SEWER ACCOUNTS Recommended Action:
1. Conduct a protest hearing and subject to testimony received, adopt Resolution No. ____-2022 and waive further reading.
2. Where necessary and relevant, direct staff to resolve any conflicts with protest owners before the final lien list is filed with San Bernardino County. Additionally, authorize staff to remove any properties from the lien list should delinquent fees be paid prior to the filing of the final lien list with San Bernardino County.
21. ANNUAL RENEWAL AND REAFFIRMATION OF ASSESSMENT DISTRICT #1 Recommended Action:
Staff recommends that the City Council take the following actions:
1. Adopt Resolution No. ____-2022 (Attachment A), thereby approving the Engineer’s Report, and waive the full reading.
2. Adopt Resolution No. ____-2022, declaring the City’s intention to reaffirm the levy and collection of annual assessment in Fiscal Year 2022/2023 in connection with Landscape Maintenance District No. 1, Street Maintenance District No. 1 Street Lighting Maintenance District No. 1, and Flood Control Maintenance District No. 1 (Attachment B), and waive the full reading.
3. Make Budget Adjustment per the Engineer's Report Attachment 1 "Estimated Revenue and Expenditures", page 9.
GENERAL, NON-AGENDA PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL
PUBLIC TO ADDRESS THE GOVERNING BOARD ON MATTERS NOT ON THE AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
Agenda-July 18, 2022
BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:
STAFF REPORTS:
POLICE CHIEF COMMENTS:
FIRE CHIEF COMMENTS:
CITY MANAGER / DISTRICT MANAGER COMMENTS:
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
ADJOURNMENT:
Individuals electing to later challenge any items listed herein will be limited to addressing only those issues raised at any public hearing or in written correspondence received by the Governing Board prior to the meeting.
Materials related to an item on this Agenda submitted to the Governing Board after distribution of the agenda packet area available for public inspection in the City Clerk's Office at 220 East Mountain View Ste. A, Barstow, CA 92311 during normal business hours.
The City of Barstow, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk’s Office (760) 255-5122, at least one business day prior to the scheduled meeting to ensure that we may assist you.
I hereby certify, UNDER PENALTY OF PERJURY that this agenda has been posted 72 hours prior to the stated meeting in a place accessible to the public.
Posted on the 14th day of July, 2022.