BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
AUGUST 1, 2022
6:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA
JOINT SPECIAL MEETING
Agenda-August 1, 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-August 1, 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 - INITIATION OF LITIGATION Recommended Action:
(Gov. Code § 54956.9(d)(4))
Number of Potential Cases: 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.
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:
2. CERTIFICATE OF RECOGNITION FOR THE UNITED STATES VETERANS SUPPORT GROUP CHAPTER #1
Recommended Action:
Presentation only.
Agenda-August 1, 2022
3. CERTIFICATE OF RECOGNITION FOR CITY OF BARSTOW LIFEGUARDS Recommended Action:
Presentation only.
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:
4. MINUTES CLOSED SESSION MEETING - JULY 18, 2022 5:00 P.M.
Recommended Action:
Approve minutes as presented.
5. MINUTES JOINT MEETING - JULY 18, 2022 6:00 P.M.
Recommended Action:
Approve minutes as presented.
ACCOUNTS PAYABLE ALL AGENCIES:
6. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #87745-88550 totaling $7,463,528.47 and wires #806-822 totaling $1,350,516.23, per the Agency breakdown below:
City: $8,049,766.15
Fire: $762,428.55
Successor Agency: $1,850.00
Grand Total: $8,814,044.70
CITY COUNCIL:
7. RESOLUTION DESIGNATING THE CITY AS THE ENFORCEMENT AGENCY FOR SINGLEUSE FOODWARE REGULATIONS Recommended Action:
That the City Council adopt Resolution No. 5097-2022 designating the city as the enforcement agency for state regulations on single-use foodware accessories and standard condiments, and waive the full reading.
8. DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD SEPTEMBER 7 - 9, 2022
Recommended Action:
Designate Mayor Courtney as the voting delegate and Council Member Dyer Kruse as the alternate voting delegate of the City of Barstow for the 2022 League of California Cities Annual Conference to be held September 7 - 9, 2022, in Long Beach, CA.
9. RESOLUTION TO ADOPT PROJECTS FUNDED BY SB-1 FOR FISCAL YEAR 22-23. THE ROAD REPAIR AND ACCOUNTABILITY ACT.
Recommended Action:
1. Staff recommends that the City Council approve Resolution No. _____-2022, adopting the projects list (Attachment A) funded by SB 1 and waive the full reading in its entirety.
2. Direct staff to forward the project list and resolution to the California Transportation Committee.
Agenda-August 1, 2022
10. APPROVAL OF MAYOR PRO TEM JAMES NOBLE TO TRAVEL TO THE GOVERNOR'S MILITARY COUNCIL IN SACRAMENTO, CA - AUGUST 29-30, 2022.
Recommended Action:
Approve travel for Mayor Pro Tem James Noble to Sacramento, CA for the Governor's Military Council - Fourth Annual All California Defense Summit.
11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW TEMPORARILY
CLOSING CERTAIN STREETS WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH CALIFORNIA VEHICLE CODE SECTION 21101(E) FOR THE SATURDAY NIGHT CRUISERS MAIN STREET USA CAR SHOW.
Recommended Action:
Adopt Resolution No. ______-2022, temporarily closing certain streets within the City of Barstow in accordance with California Vehicle Code Section 21101(e) for the Main Street USA Car Show, and waive the full reading.
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:
12. CONTINUATION OF LIEN PROTEST HEARING FOR DELINQUENT TRASH & SEWER
ACCOUNTS
Recommended Action:
1. Continue the protest hearing from July 18, 2022, 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.
3. Authorize staff to establish payment plan arrangements with those property owners who provided written correspondence prior to the July 18, 2022, public hearing. Additionally, authorize staff to lien those parcels who execute a payment arrangement; however, a property tax assessment will not be placed unless the terms of the payment plans are not met. Failure to execute a payment plan arrangement by August 5, 2022 will result in the parcel being sent to property tax assessment.
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.
BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:
STAFF REPORTS:
POLICE CHIEF COMMENTS:
FIRE CHIEF COMMENTS:
Agenda-August 1, 2022
CITY MANAGER / DISTRICT MANAGER COMMENTS:
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
13. CONSIDERATION OF RESOLUTION NO. _____2022 SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS FOR A BALLOT MEASURE REGARDING WHETHER TO
TRANSITION FROM AN ELECTED MAYOR TO AN APPOINTED MAYOR SYSTEM AT THE NOVEMBER 8, 2022 ELECTION
Recommended Action:
Staff Recommends the City Council adopt the Resolution setting priorities for filing written arguments and directing the City Attorney to prepare an impartial analysis for the ballot measure regarding whether to transition from an election system with four by-district councilmembers and a mayor elected at-large to an election system with five by-district councilmembers at the general municipal election to be held on Tuesday, November 8, 2022.
Exhibit A - Resolution No. _____-2022
14. CONSIDERATION OF NEXT STEPS RELATED TO ACCOUNTS PAYABLE EXPENDITURES FOR CHECK #1005 RELATING TO TRAVEL EXPENSE REIMBURSEMENTS SOUGHT BY
MAYOR COURTNEY
Recommended Action:
The City Council receive and consider public comment and any information from the Mayor and provide direction regarding further steps related to Mayor Courtney’s repayment of funds related to checks #1005.
Exhibit A - 2018 City of Barstow Expense Reimbursement Policy Exhibit B - 2022 City of Barstow Expense Reimbursement Policy for Elected Officials Exhibit C - February - Feb22, 2022 Staff Report (Reconsideration of Accounts Payable Expenditures for Checks #1005 and #85773) and Attachments Exhibit D - March 7, 2022 Letter from City Attorney to Mayor Courtney 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.
Agenda-August 1, 2022
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 28th day of July, 2022.