BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MARCH 6, 2023
6:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA
JOINT SPECIAL MEETING
Agenda-March 6, 2023
MAYOR
Paul Anthony Courtney
COUNCILMEMBERS
James M. Noble
Carmen M. Hernandez
Barbara Mae Rose
Marilyn Dyer Kruse
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
James M. Noble
Carmen M. Hernandez
Barbara Mae Rose
Marilyn Dyer Kruse
CLOSED SESSION 6:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Member Carmen Hernandez
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-March 6, 2023
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 - ANTICIPATED LITIGATION Recommended Action:
Pursuant to Government Code Section 54956.9(d)(2) & (e)(1) 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.
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)) Number of Potential Cases: [1]
2. 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
3. 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
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 Carmen Hernandez
Council Member Barbara Rose
Council Member Marilyn Kruse
Mayor Pro Tem James Noble
Mayor Paul Courtney
Agenda-March 6, 2023
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:
NONE.
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 JOINT SPECIAL MEETING - FEBRUARY 21, 2023 AT 7:00 P.M.
Recommended Action:
Approve minutes as presented.
5. MINUTES WORKSHOP - FEBRUARY 23, 2023 AT 5:00 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 #90440-90615 totaling $1,459,872.59 and wires #858-862 totaling $186,613.90, per the Agency breakdown below:
City: $1,428,279.42
Fire: $218,207.07
Successor Agency: $0.00
Grand Total: $1,646,486.49
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).
Agenda-March 6, 2023
PUBLIC HEARINGS:
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
7. REVISION OF PROFESSIONAL SERVICES CONTRACT FOR SOLID WASTE SERVICES FOR
FORT IRWIN
Recommended Action:
Staff recommends that the City Council:
1. Approve the agreement, scope, and fee with SpecPro Professional Services, laid out in the bid documents for the bid amount $87,789,304.53 (Over ten years) for the solid waste services for Fort Irwin.
2. Authorize the City Manager or designee the authority to sign the intergovernmental support agreements between Fort Irwin and the City of Barstow, with any necessary non-substantive changes, and to perform all other necessary acts to implement the agreements. These agreements are exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Title 24, CCR, section 15301.
8. ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF BARSTOW
RENEWING THE MANDATES OF THE POLICY AD HOC COMMITTEE AND STREETS AD
HOC COMMITTEE
Recommended Action:
1. Adopt Resolution No. ____-2023 renewing the Policy Committee for five (5) years from the date of approval unless the City Council takes action before then to terminate its mandate;
2. Adopt Resolution No. ____-2023 renewing the Street Committee for five (5) years from the date of approval unless the City Council takes action before then to terminate its mandate;
9. ADOPTION OF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW
ESTABLISHING THE PARKS, RECREATION AND CULTURAL COMMITTEE AND REPEALING RESOLUTION NO. 4532-2010
Recommended Action:
1. Adopt Resolution No. ____-2023 establishing the Parks, Recreation and Cultural Committee (PRCC) and repealing Resolution No. 4532-2010; and
2. Direct the City Clerk to advertise that applications for the PRCC are available, and establish a deadline of April 14, 2023 to submit applications.
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.
STAFF REPORTS:
CITY MANAGER'S FEBRUARY 2023 UPDATE
Recommended Action:
Receive and file.
COUNCIL COMMITTEE REPORTS:
BUSINESS OF THE COUNCIL:
Agenda-March 6, 2023
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 2nd day of March, 2023.