BARSTOW CITY COUNCIL /
BARSTOW COMMUNITY SERVICES FOUNDATION
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
OCTOBER 17, 2022
5:30 PM
(HANDICAPPED ACCESSIBLE)
AGENDA
REGULAR MEETING
Agenda-October 17, 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, 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-October 17, 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))
Case Name: Prothro v. City of Barstow, San Bernardino County Superior Court Case No. CIVSB-2116163
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:
Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Hernandez v. City of Barstow, San Bernardino County Superior Court Case No.
CIV-SB-2125628
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Recommended Action:
(Gov. Code § 54956.9(d)(2) & (e)(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.
Receipt of Claim pursuant to Tort Claims Act or other written communication threatening litigation (copy available for public inspection in Clerk’s office). (Gov. Code § 54956.9(e)(3)) Name of Person or Entity Threatening Litigation: Kyle Wooley REPORT OF CLOSED SESSION:
INVOCATION:
CALL TO ORDER - REGULAR MEETING 7:00 PM (or immediately following adjournment of Closed Session if adjourned after 7:00 PM):
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-October 17, 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:
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 SPECIAL CLOSED SESSION MEETING - SEPTEMBER 29, 2022 5:30 P.M.
Recommended Action:
Approve minutes as presented.
5. MINUTES JOINT MEETING - OCTOBER 3, 2022 7:00 P.M.
Recommended Action:
Approve minutes as presented.
BARSTOW COMMUNITY SERVICES FOUNDATION:
6. ANNUAL FINANCIAL REPORTS OF THE BARSTOW COMMUNITY SERVICES FOUNDATION FOR THE FISCAL YEAR ENDED, JUNE 30, 2022
Recommended Action:
Review and accept the Annual Financial Reports of the Barstow Community Services Foundation, prepared in accordance with Section 7.05 of the bylaws, as of the fiscal year ended, June 30, 2022, for filing.
7. CHANGE IN OFFICERS FOR 2022/2023
Recommended Action:
Approve the 2022/2023 change of officers for the Barstow Community Services Foundation and accept the 'Statement of Facts' (Form 405) and 'Statement of Interest' (Form 100).
CITY COUNCIL:
8. APPROVAL TO INCREASE POND PUMPING SYSTEM PROJECT BUDGET AND AWARD TO
RE CHAFFEE CONSTRUCTION
Recommended Action:
Staff recommends that the City Council:
1. Appropriate an additional $200,000.00 to Capital Project Account Number 400.803.321.23.605
2. Approve the lowest bidder RE Chaffee Construction in the amount of $407,410.00 for the Wastewater Treatment Plant East Pond Pumping System Project and reject all other bids.
3. Give the City Manager or designee the authority to sign an agreement.
Agenda-October 17, 2022
9. APPROVAL OF PURCHASE OF TALL CROP FARM TRACTOR
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Authorize staff to purchase the New Holland Tall Crop Farm Tractor, from Scott's Equipment, from account number 400.803.320.23.605 from the Wastewater Equipment Refurbish Fund; and
2.Give the City Manager or designee the authority to execute the necessary agreement.
10. APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE LEAGUE
OF CALIFORNIA CITIES CITY CLERKS NEW LAW AND ELECTIONS SEMINAR Recommended Action:
Approve travel for City Clerk Andrea Flores to Monterey, CA for the League of California Cites New Law and Elections Seminar.
11. MEASURE Q FUND FINANCIAL REPORT FISCAL YEAR 2021-2022 - 4TH QUARTER Recommended Action:
That the City Council receive and file the Measure Q Fund Financial Report for the 4th Quarter of Fiscal Year 2021-2022 covering the period of April 1, 2022 - June 30, 2022.
12. ALLOCATE MEASURE Q FUNDS FOR THE PURCHASE OF EQUIPMENT AND MATERIALS Recommended Action:
1. Approve Budget Amendment Number 090222 in the amount of $90,160.26, from Streets Measure Q funds, to the appropriate 400 account.
2. Authorize the City Manager or designee the authority to purchase mastic machine and mastic materials from SealMaster for an amount of $90,160.26.
13. APPROVAL OF UPDATED MEMORANDUMS OF UNDERSTANDING FOR UNITS 1, 2, 3, 6 AND 8
Recommended Action:
Staff recommends that the City Council take the following action:
1. Approve the MOU with Unit 1 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment B)
2. Approve the MOU with Unit 2 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment D)
3. Approve the MOU with Unit 3 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment H)
4. Approve the MOU with Unit 6 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment F)
5. Approve the MOU with Unit 8 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment J)
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:
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-October 17, 2022
BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:
STAFF REPORTS:
PUBLIC SAFETY UPDATES:
CITY MANAGER / DISTRICT MANAGER COMMENTS:
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
14. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES FOR THE
GENERAL PLAN UPDATE
Recommended Action:
Staff recommends approval of the attached professional services agreement with Placeworks for the General Plan update.
15. DISCUSSION OF AD HOC COMMITTEES
Recommended Action:
Staff recommends that the Council evaluate reinstating any ad hoc committees that have sunset after the November 8, 2022 election in order to give the new Council the opportunity to goal set and provide direction.
16. AMENDMENT TO THE CITY COUNCIL RULES FOR THE CONDUCT OF ITS MEETING PROCEEDINGS AND BUSINESS AND REPEALING RESOLUTION 4647-2011 Recommended Action:
Adopt Resolution No. _____-2022, amending the City Council rules for the conduct of its meeting proceedings and business, repealing Resolution 4647-2011; and waive the full reading.
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-October 17, 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 13th day of October, 2022.