REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MAY 15, 2023
6:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA
REGULAR MEETING
Agenda-May 15, 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 HANDING IT 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-May 15, 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Recommended Action:
(Government Code Section 54957)
TItle: City Manager
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Recommended Action:
Conference with Legal Counsel; Anticipated Litigation (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. 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:
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
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 HANDING IT 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.
Agenda-May 15, 2023
PRESENTATIONS:
3. PRESENTATION FROM SKYLINE NORTH ELEMENTARY SCHOOL
Recommended Action:
Presentation only.
4. AFTER-EVENT REPORT AND PRESENTATION BY DOS COSTAS COMMUNICATIONS
CORPORATION
Recommended Action:
After-event report and 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:
5. MINUTES REGULAR MEETING - MAY 1, 2023, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
CITY COUNCIL:
6. APPROVAL FOR COUNCIL MEMBER MARILYN DYER KRUSE TO TRAVEL TO THE
DESERT MOUNTAIN DIVISION MEETING IN MAMMOTH, CA
Recommended Action:
Approve travel for Council Member Marilyn Dyer Kruse to attend the Desert Mountain Division Meeting in Mammoth, CA on June 1 - 2, 2023.
DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FROM THE
CONSENT CALENDAR BY THE COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME).
PUBLIC HEARINGS:
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
7. FIRST READING AND INTRODUCTION OF ORDINANCE NO. ____-2023 AMENDING CHAPTER 2.48 OF THE BARSTOW MUNICIPAL CODE "PERSONNEL SYSTEM" Recommended Action:
Introduce Ordinance ____-2023 amending Chapter 2.48 of the Barstow Municipal Code "Personnel System" and waive the full reading.
8. ADOPTION OF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW
AMENDING THE MANDATE OF THE STREET AD HOC COMMITTEE AND REPEALING RESOLUTION NO. 5120-2023
Recommended Action:
1. Adopt Resolution ____-2023 amending the mandate of the Street Ad Hoc Committee and repealing Resolution No. 5120-2023;
2. Direct the City Clerk to advertise that applications for the Street Ad Hoc Committee are Agenda-May 15, 2023
available, and establish a deadline of June 16, 2023 to submit applications.
Attachments:
Exhibit A - Resolution ____-2023 Amending the Street Ad Hoc Committee - redlined copy Exhibit B - Resolution ____-2023 Amending the Street Ad Hoc Committee - clean copy Exhibit C - Resolution 5120-2023 Renewing the Street Ad Hoc Committee 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:
COUNCIL COMMITTEE REPORTS:
BUSINESS OF THE 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 are 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 11th day of May 2023.
Regular Meeting
05/15/23 06:00:PM
Maria Chavez
Doc ID: 5356
CLOSED SESSION AGENDA ITEM
AGENDA MATTER:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
EXECUTIVE SUMMARY:
DISCUSSION:
FISCAL IMPACT:
None.
RECOMMENDED ACTION:
(Government Code Section 54957)
TItle: City Manager
1 Packet Pg. 5
Regular Meeting
05/15/23 06:00:PM
Maria Chavez
Doc ID: 5357
CLOSED SESSION AGENDA ITEM
AGENDA MATTER:
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
EXECUTIVE SUMMARY:
DISCUSSION:
FISCAL IMPACT:
RECOMMENDED ACTION:
Conference with Legal Counsel; Anticipated Litigation (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. 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)) 2 Packet Pg. 6
Regular Meeting
05/15/23 06:00 PM
City Clerk / Records
Christina Rudsell
Presentation
Doc ID: 5354
AGENDA ITEM
AGENDA MATTER:
PRESENTATION FROM SKYLINE NORTH ELEMENTARY SCHOOL
EXECUTIVE SUMMARY:
Faculty and students from Skyline North Elementary School will provide an update on recent and upcoming school events.
DISCUSSION:
Presentation only.
FISCAL IMPACT:
None.
RECOMMENDED ACTION:
Presentation only.
3 Packet Pg. 7
Regular Meeting
05/15/23 06:00 PM
City Manager Department
Maribel Hernandez
Report
Doc ID: 5355
AGENDA ITEM
AGENDA MATTER:
AFTER-EVENT REPORT AND PRESENTATION BY DOS COSTAS COMMUNICATIONS
CORPORATION
EXECUTIVE SUMMARY:
Representative(s) from Dos Costas Communications Corporation will be providing an after-event report and presentation on the 17th Annual New Mexico Chili Cook-Off & Belen Fiesta held on April 1, 2023.
DISCUSSION:
At the March 20, 2023, City Council meeting, Council granted a Community Promotional Fund donation in the amount of $1,500 and a waiver of fees in the amount of $3,227 to Dos Costas Communications Corporation to help offset the costs of the 17th Annual New Mexico Chili Cook-Off & Belen Fiesta held on April 1, 2023. Waiver of fees included the costs for the Parks and Recreation staff to help with set up and clean up, the cost for outside electric and water charges, and the use of spider boxes. The monetary grant and waiver of fees were included in the FY 2022-2023 budget.
Per the Policy, applicants who are awarded a promotional fund grant or in-kind services must commit to providing an after-event report and presentation to the City Council outlining how the group used the funding provided by the City of Barstow for the benefit of the community. Dos Costas Communications Corporation, as a recipient of a community promotional fund grant, will be providing its after-event report and presentation.
FISCAL IMPACT:
None.
RECOMMENDED ACTION:
After-event report and presentation only.
4 Packet Pg. 8
Regular Meeting
05/15/23 06:00 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5353
AGENDA ITEM
AGENDA MATTER:
MINUTES REGULAR MEETING - MAY 1, 2023, AT 6:00 P.M.
EXECUTIVE SUMMARY:
DISCUSSION:
FISCAL IMPACT:
none
RECOMMENDED ACTION:
Approve minutes as presented.
5 Packet Pg. 9
BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MAY 1, 2023
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-May 1, 2023
CALL TO ORDER - CLOSED SESSION:
MAYOR PRO TEM NOBLE called the Closed Session Meeting to order at 6:02 P.M.
PLEDGE OF ALLEGIANCE:
MAYOR PRO TEM NOBLE led the pledge of allegiance
ROLL CALL:
Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse Council Member Present
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Absent
Carmen Hernandez Council Member Present
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 HANDING IT TO THE CITY CLERK. 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.
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.
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Attachment: 05 01 2023 Minutes FINAL (5353 : Minutes Regular Meeting May 1, 2023 6:00 P.M.) Minutes-May 1, 2023
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if the Mayor could be held personally liable for the lawsuits from former employees against the City.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSENT: Courtney
MAYOR COURTNEY ARRIVED AT 6:04 P.M.
CLOSED SESSION AGENDA ITEMS:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Recommended Action:
Conference with Real Property Negotiator (Gov’t Code §54956.8) Property Address: APNs:
• 0424-081-10-0000;
• 0424-081-29-00000;
• 0424-081-43-0000;
• 0424-081-79-0000; and
• 0424-081-90-0000
Agency Negotiator: Willie Hopkins, Jr. City Manager
Negotiating Party: San Bernardino County
Under Negotiation: Price and Terms of Payment
CALL TO ORDER - REGULAR MEETING 7:00 PM (or immediately following adjournment of Closed Session if adjourned after 7:00 PM):
MAYOR COURTNEY CALLED THE REGULAR MEETING TO ORDER AT 7:07 P.M REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider one item regarding conference with real property negotiations related to five parcels. Direction was provided to Council and staff and no reportable action was taken.
INVOCATION:
MAYOR PRO TEM NOBLE gave the invocation.
PLEDGE OF ALLEGIANCE:
COUNCILMEMBER DYER KRUSE led the pledge of allegiance.
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Attachment: 05 01 2023 Minutes FINAL (5353 : Minutes Regular Meeting May 1, 2023 6:00 P.M.) Minutes-May 1, 2023
ROLL CALL:
Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse Council Member Present
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Present
Carmen Hernandez Council Member Present
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 HANDING IT TO THE CITY CLERK. 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.
Motion by COUNCILMEMBER HERNANDEZ, seconded by COUNCILMEMBER ROSE, and carried 4-1, to approve the agenda and table Item 5 to the next Council meeting.
RESULT: APPROVED [4 TO 1]
MOVER: Carmen Hernandez, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Hernandez
NAYS: Courtney
Motion by COUNCILMEMBER HERNANDEZ, seconded by MAYOR PRO TEM NOBLE, and carried 5-0, to approve the agenda with remaining items.
COUNCILMEMBER ROSE
- Requested that page 9 of the minutes be amended to state that she had requested clarification on the motion for Item 13 prior to the votes being displayed.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem Carmen Hernandez, Council Member AYES: Noble, Kruse, Rose, Courtney, Hernandez
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Attachment: 05 01 2023 Minutes FINAL (5353 : Minutes Regular Meeting May 1, 2023 6:00 P.M.) Minutes-May 1, 2023
PRESENTATIONS:
2. FRONTIER COMMUNICATIONS STREET RESTORATION PRESENTATION Recommended Action:
Presentation only.
DOUGLAS McALLISTER, FRONTIER COMMUNICATIONS
- Provided an update on the installation of fiber broadband throughout Barstow. - Discussed the benefits of fiber broadband and its impact on the community. - Encouraged the community to visit www.frontier.com for more information. - Also encouraged staff and the Council to contact him directly should any questions arise.
COUNCILMEMBER HERNANDEZ
- Thanked MR. McALLISTER for the presentation and for allowing the public to ask any questions they may have.
COUNCILMEMBER DYER KRUSE
- Thanked MR. McALLISTER for the presentation and discussed the importance of infrastructure improvements with upcoming growth.
COUNCILMEMBER ROSE
- Discussed concerns with the lack of communication and damage caused to multiple residents' properties.
DOUGLAS McALLISTER OF FRONTIER COMMUNICATIONS
- Stated that he would share the Council's comments and recording of the meeting with Frontier's CEO.
MAYOR PRO TEM NOBLE
- Asked what corrective action Frontier would take to prevent any further issues.
DOUGLAS McALLISTER OF FRONTIER COMMUNICATIONS
- Discussed other options aside from door hangars such as signage placed throughout the streets and stated Frontier was open to any suggestions from the City.
MAYOR COURTNEY
- Suggested not eliminating door hangars as there were residents who did find them useful. - Thanked Frontier Communications for investing in Barstow.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Suggested that a contact person with the City be assigned to respond to any questions. - Asked about how the wiring would be installed in the older and new sections of Barstow. - Asked if this type of wiring would be required for new developments that come to Barstow.
RESULT: 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.
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Attachment: 05 01 2023 Minutes FINAL (5353 : Minutes Regular Meeting May 1, 2023 6:00 P.M.) Minutes-May 1, 2023
MINUTES ALL AGENCIES:
3. MINUTES REGULAR MEETING - APRIL 17, 2023, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
COUNCILMEMBER ROSE
- Requested that page 9 of the minutes be amended to state that she had requested clarification on the motion for Item 13 prior to the votes being displayed.
Motion by COUNCILMEMBER HERNANDEZ, seconded by MAYOR COURTNEY, and unanimously carried to approve the minutes as amended.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
ACCOUNTS PAYABLE ALL AGENCIES:
4. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #90950-91288 totaling $4,548,423.79 and wires #868-871 totaling $191,432.97, per the Agency breakdown below:
City: $4,520,600.49
Fire: $219,256.27
Successor Agency: $0.00
Grand Total: $4,739,856.76
SPEAKERS
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asked for a breakdown of check #91196 payable to Colantuono and Highsmith and the amount attributed to lawsuits against the City.
- Asked for a breakdown of check #91220 payable to Jackson Lewis.
COUNCILMEMBER DYER KRUSE
- Recused from check #91114.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
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:
None.
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Attachment: 05 01 2023 Minutes FINAL (5353 : Minutes Regular Meeting May 1, 2023 6:00 P.M.) Minutes-May 1, 2023
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
5. FIRST READING AND INTRODUCTION OF ORDINANCE NO. ____-2023 AMENDING CHAPTER 2.48 OF THE BARSTOW MUNICIPAL CODE "PERSONNEL SYSTEM" Recommended Action:
Introduce Ordinance ____-2023 amending Chapter 2.48 of the Barstow Municipal Code "Personnel System" and waive the full reading.
RESULT: TABLED
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.
SPEAKERS
TED WEASMA, BARSTOW, CALIFORNIA
- Suggested that the City host a Cinco de Mayo event.
- Invited the community to attend the Cinco de Mayo celebration event at the Barstow Senior Center on May 6, 2023.
- Asked the Council to stop the overspending of Measure Q funds.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Commended CHIEF OF POLICE ANDREW ESPINOZA, JR. for how the arrest of a suspect on April 28, 2023 was handled.
IRA GWIN, BARSTOW, CALIFORNIA
- Discussed concerns with BNSF's relocation of tenants and their rights under Government Code 7260.
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed concerns with the Barstow Police Department's pattern of police brutality.
BILLIE BRAUN, OWNER OF BILLIE'S KITCHEN
- Invited the community to participate upcoming events including Taco Tuesday, May the 4th Be With You and Cinco de Mayo.
- Invited the Council, staff and the community to attend National Day of Prayer event on May 4, 2023.
CARMEN BROWN, BARSTOW, CALIFORNIA
- Asked about the arrest of a suspect on April 28, 2023, if body camera footage was available and what corrective action would be taken.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Thanked ADMINISTRATIVE ANALYST JESSICA REED for organizing the recent Earth Day event. - Suggested that the City plant a tree every year for Arbor Day. - Congratulated FIRE CHIEF NICK DINAPOLI, asked why it took so long to appoint him permanently and what happened to the prior Fire Chief.
- Encouraged the community to attend the Barstow Senior Center's Mother's Day event on May 6, 2023 and the upcoming Free Vaccination Clinic on May 6, 2023.
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Attachment: 05 01 2023 Minutes FINAL (5353 : Minutes Regular Meeting May 1, 2023 6:00 P.M.) Minutes-May 1, 2023
ANTHONY BROWNE, BARSTOW, CALIFORNIA
- Discussed concerns with the arrest of a suspect on April 28, 2023, if body camera footage was available and what corrective action would be taken.
ROBERT GRAHAM, BARSTOW, CALIFORNIA
- Encouraged the Mayor and Council to respect each other. - Expressed support for MAYOR COURTNEY.
JIM BROWN, BARSTOW, CALIFORNIA
- Thanked COUNCILMEMBER ROSE for holding Frontier Communications accountable. - Asked why his property was featured in aerial footage in a recent BNSF video. - Asked why CITY TREASURER MICHAEL LEWIS had not been at City Council meetings.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with the lack of major street projects being funded. - Asked if COUNCILMEMBER DYER KRUSE sold her property to BNSF and how that affected her ability to vote on the BIG project.
- Discussed concerns with MAYOR COURTNEY.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Commended CHIEF OF POLICE ANDREW ESPINOZA, JR. for addressing the arrest of a suspect April 28, 2023.
- Discussed concerns with MAYOR COURTNEY and lawsuits from current and former female City employees.
STAFF REPORTS:
CITY MANAGER'S APRIL 2023 UPDATE
Recommended Action:
Receive and file.
RESULT: PRESENTATION ONLY
COUNCIL COMMITTEE REPORTS:
COUNCILMEMBER ROSE
- Stated the next Rules and Policies Committee meeting was May 9, 2023 and planned to suggest that community members be appointed to the Committee.
- Stated the next Homeward Bound Committee meeting was May 10, 2023.
MAYOR PRO TEM NOBLE
- Stated the next Military Affairs meeting was May 9, 2023 and the next Victor Valley Transit Authority meeting was May 15, 2023 in Barstow.
COUNCILMEMBER DYER KRUSE
- Stated the next Solid Waste Joint Powers Authority meeting would be May 11, 2023.
COUNCILMEMBER HERNANDEZ
- Discussed recent Desert Mountain Division meeting on April 21, 2023. - Provided an update on the April 24, 2023 Mojave Desert Air Quality Management District budget meeting.
- Discussed the recent Earth Day event.
- Stated that donations of dog food, socks, etc collected by Cal State San Bernardino students would be distributed on May 4, 2023 at Barstow Community College.
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Attachment: 05 01 2023 Minutes FINAL (5353 : Minutes Regular Meeting May 1, 2023 6:00 P.M.) Minutes-May 1, 2023
- Motioned for a special Street Committee meeting on May 3, 2023, seconded by COUNCILMEMBER DYER KRUSE, due to concerns with the Trenching Policy. Also requested that the meeting be recorded.
MAYOR COURTNEY
- Discussed recent volunteer recognition event at the Marine Corps Logistics Base. - Stated he would be attending upcoming the San Bernardino County Transportation Authority Board Meeting on May 3, 2023 and the Southern California Association of Government's General Assembly Meeting on May 4 - 5, 2023.
COUNCILMEMBER ROSE
- Stated that any travel by MAYOR COURTNEY should be approved in advance by the City Council.
Discussion ensued regarding advance approval for travel not funded by the City.
RECESS:
COUNCILMEMBER DYER KRUSE called for a recess at 8:41 P.M.
The meeting reconvened at 8:46 P.M. with all members present.
COUNCILMEMBER ROSE, motioned, COUNCILMEMBER HERNANDEZ, seconded to have a discussion of travel for elected officials during Closed Session.
BUSINESS OF THE COUNCIL:
COUNCILMEMBER ROSE
- Motioned, seconded by COUNCILMEMBER HERNANDEZ, to direct the City Manager to review the policy on having the City Treasurer sign accounts payable checks payable in his favor.
MAYOR PRO TEM NOBLE
- Thanked ROBERT GRAHAM for his service and his comments regarding the Council representing the citizens positively.
- Wished all a happy Mother's Day.
- Thanked City staff for their hard work and congratulated all staff who were recently promoted.
COUNCILMEMBER DYER KRUSE
- Discussed April 21, 2023 Desert Mountain Division meeting and looked forward to the next meeting in June.
- Requested that the Council attend the next Desert Mountain Division Meeting in Mammoth Lakes on June 1 – 2, 2023. No Council Members objected.
- Seconded COUNCILMEMBER HERNANDEZ's request for a Street Committee meeting on May 3, 2023.
- Clarified that her motion for the Street Committee resolution agenda item did include appointment of community members by district.
COUNCILMEMBER HERNANDEZ
- Encouraged the community to contact the Inland Fair Housing and Mediation Board at 760-243- 2412 for mobile home issues and questions.
MAYOR COURTNEY
- Stated that a thorough investigation was being conducted regarding the arrest of a suspect on April 28, 2023.
- Commended all current and recently sworn-in public safety staff. - Wished all a happy Mother's Day.
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Attachment: 05 01 2023 Minutes FINAL (5353 : Minutes Regular Meeting May 1, 2023 6:00 P.M.) Minutes-May 1, 2023
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned 9:03 P.M.
Respectfully Submitted: Approved:
_______________________________ _______________________________ Andrea Flores, City Clerk Paul Anthony Courtney, Dr. B.A. Mayor Notice: Signed Minutes are filed with the City Clerk’s office
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Attachment: 05 01 2023 Minutes FINAL (5353 : Minutes Regular Meeting May 1, 2023 6:00 P.M.) Regular Meeting
05/15/23 06:00 PM
City Manager Department
Maribel Hernandez
Travel
Doc ID: 5358
AGENDA ITEM
AGENDA MATTER:
APPROVAL FOR COUNCIL MEMBER MARILYN DYER KRUSE TO TRAVEL TO THE DESERT
MOUNTAIN DIVISION MEETING IN MAMMOTH, CA
EXECUTIVE SUMMARY:
It is requested that the City Council approve travel for Council Member Dyer Kruse to attend the Desert Mountain Division Meeting in Mammoth, CA on June 1 - 2, 2023.
DISCUSSION:
The Desert Mountain Division Meeting is scheduled for June 1 - 2, 2023 in Mammoth, California. It is requested that the City Council approve travel for Council Member Marilyn Dyer Kruse. The estimated costs to attend are as follows:
Registration $ 0
Travel/Transportation $ 0 - Shuttle bus
Parking $ 0
Meals $ 50.00
Hotel $ 195.00
TOTAL $ 245.00
FISCAL IMPACT:
Funds are available in the FY 2022/23 budget from General Fund Account No. 100.110.110.03.323.
RECOMMENDED ACTION:
Approve travel for Council Member Marilyn Dyer Kruse to attend the Desert Mountain Division Meeting in Mammoth, CA on June 1 - 2, 2023.
6 Packet Pg. 19
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Attachment: DMD Mammoth (5358 : Approval of Travel for City Council) Regular Meeting
05/15/23 06:00 PM
City Manager Department
Willie A Hopkins
Ordinance
Doc ID: 5159
COUNCIL ORDINANCE
AGENDA MATTER:
FIRST READING AND INTRODUCTION OF ORDINANCE NO. ____-2023 AMENDING CHAPTER 2.48 OF THE BARSTOW MUNICIPAL CODE "PERSONNEL SYSTEM"
EXECUTIVE SUMMARY:
A modification to Chapter 2.48 of the Barstow Municipal Code (BMC) is being proposed for the purpose of updating the definition of the term "At-will employee." DISCUSSION:
At the direction of the City Manager, this BMC amendment is being proposed to change the definition of the term at-will employee, removing certain positions from the definition in order to encourage a more stable and secure environment for organization, reducing volatility, and increasing the attractiveness of the position for potential future candidates. Making this change will be better for morale, as the employees would not be left vulnerable to arbitrary or sudden dismissal and can lead with confidence rather than holding back in fear of termination. This change would also prevent a high-turnover rate of these positions which could have negative impacts on the organization.
FISCAL IMPACT:
RECOMMENDED ACTION:
Introduce Ordinance ____-2023 amending Chapter 2.48 of the Barstow Municipal Code "Personnel System" and waive the full reading.
7 Packet Pg. 21
102640.2
ORDINANCE NO. XXX-2023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BARSTOW AMENDING CHAPTER 2.48 OF THE
BARSTOW MUNICIPAL CODE, “PERSONNEL SYSTEM”
The City Council of the City of Barstow ordains as follows:
SECTION 1. The following sections of Chapter 2.48, entitled “Personnel System” are hereby revised to read as follows:
2.48.010 - Definitions.
As used in this chapter, the following terms shall be defined as indicated:
"Acting appointment" means an appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles.
"Appointing power" means the officers of the city who, in their individual capacities, or as a board, commission, or city council, have the final authority to make the appointment to the position to be filled.
"At-will employee" means an employee employed at the will of the appointing authority and who may be disciplined or removed at any time without cause or right of appeal. "Atwill employees" include the City Manager and the, City Attorney, Chief of Police, Fire Chief, Assistant Fire Chief, Assistant to the City Manager, Assistant City Manager, Community & Economic Development Director, Finance Director and other Department Heads.
"Casual employee" means those individuals filling intermittent relief needs on a scheduled or unscheduled basis, subject to their own availability. "Class" means all positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion, and salary.
"City service" means all positions of employment in the service of the city except those specifically excluded by this chapter.
"Days" mean calendar days unless otherwise stated.
"Demotion" means the movement of an employee from one class to another class having a lower maximum rate of pay.
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Attachment: Ord XXX-2023 Amending BMC Ch 2.48 Personnel System (5159 : First Reading and Introduction of an Ordinance Amending BMC 102640.2
"Examination" means selection techniques used to measure the relative capacities of the persons applying for positions within the competitive service. "Employment list" means a list of names of persons who may be considered for employment with the city under specified conditions.
"Lay-off" means the separation of employees from the active work force due to lack of work or funds, or to the abolition of positions by the city council for the above reasons or due to organizational changes.
"Position" means a group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person.
"Probationary period" means a working test period during which an employee is required to demonstrate his fitness for the position to which he is appointed by the actual performance of the duties of the position.
"Promotion" means the movement of an employee from one class to another class having a higher maximum rate of pay.
"Reinstatement" means the reemployment without examination of a former regular employee or probationary employee.
"Suspension" means the temporary separation from the service of an employee without pay, for disciplinary purposes.
"Transfer" means a change of an employee from one position to another position in the same class or in a comparable class.
2.48.030 - Exceptions.
The provisions of this chapter shall apply to all offices, positions, and employments in the service of the city, except:
(a) The city manager;
(b) Elective officers;
(c) Members of appointive boards;
(d) Persons engaged under contract to supply expert, professional, technical, or any other services;
(e) Volunteer personnel, such as police reserves;
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Attachment: Ord XXX-2023 Amending BMC Ch 2.48 Personnel System (5159 : First Reading and Introduction of an Ordinance Amending BMC 102640.2
(f) City attorney;
(g) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property;
(h) Employees, other than those listed elsewhere in this section, who are not regularly employed in permanent positions;
(i) At-will employees.
SECTION 2. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 3. Effective Date. This Ordinance shall take effect 30 days after adoption.
SECTION 4. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.
PASSED, APPROVED, AND ADOPTED, this 5
th day of June, 2023.
________________________________
Paul Anthony Courtney, Dr.B.A., Mayor
ATTEST:
________________________________
Andrea Flores, City Clerk
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Attachment: Ord XXX-2023 Amending BMC Ch 2.48 Personnel System (5159 : First Reading and Introduction of an Ordinance Amending BMC 102640.2
I, Andrea Flores, City Clerk of the City of Barstow, California, do hereby certify that the foregoing Ordinance No. XXX-2023 was introduced at a regular meeting of the City Council of the City of Barstow held on the 15th day of May, 2023 and adopted at the regular meeting of the City Council of the City of Barstow on the 5 th day of June, 2023, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
________________________________
Andrea Flores, City Clerk
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Attachment: Ord XXX-2023 Amending BMC Ch 2.48 Personnel System (5159 : First Reading and Introduction of an Ordinance Amending BMC Regular Meeting
05/15/23 06:00 PM
City Manager Department
Willie A Hopkins
Resolution
Doc ID: 5352
AGENDA ITEM
AGENDA MATTER:
ADOPTION OF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW AMENDING THE MANDATE OF THE STREET AD HOC COMMITTEE AND REPEALING RESOLUTION NO. 5120-2023 EXECUTIVE SUMMARY:
The Council is being asked to adopt Resolution XXXX-2023 amending the mandate of the Street Ad Hoc Committee and repealing Resolution No. 5120-2023.
DISCUSSION:
On January 16, 2007, the Council adopted Resolution 4330-2007 establishing the Street Ad Hoc Committee which had a sunset date of December 31, 2008. At the April 17, 2023 meeting, the Council renewed the Street Ad Hoc Committee's mandate for a period of five (5) years through April 17, 2028.
At the April 17, 2023 meeting, the Council requested that the appointment of three additional community members to the Street Ad Hoc Committee be brought back to the Council for discussion and approval.
Resolution XXXX-2023 amending the Street Ad Hoc Committee's mandate includes appointment and reappointment procedures of three committee members representing the districts of the Council Members who are currently not serving on the Street Ad Hoc Committee. The proposed resolution also seeks to establish a term of office for committee members which would be coterminous with their appointing Council Member.
The Council is being asked to adopt Resolution XXXX-2023 amending the Street Ad Hoc Committee’s mandate, direct the City Clerk to advertise that applications for the Street Ad Hoc Committee are available, and establish a deadline of June 16, 2023 to submit applications.
FISCAL IMPACT:
None.
RECOMMENDED ACTION:
1. Adopt Resolution XXXX-2023 amending the mandate of the Street Ad Hoc Committee and repealing Resolution No. 5120-2023;
2. Direct the City Clerk to advertise that applications for the Street Ad Hoc Committee are available, and establish a deadline of June 16, 2023 to submit applications.
Attachments:
Exhibit A - Resolution XXXX-2023 Amending the Street Ad Hoc Committee - redlined copy Exhibit B - Resolution XXXX-2023 Amending the Street Ad Hoc Committee - clean copy 8 Packet Pg. 26
Regular Meeting
05/15/23 06:00 PM
City Manager Department
Willie A Hopkins
Resolution
Doc ID: 5352
AGENDA ITEM
Exhibit C - Resolution 5120-2023 Renewing the Street Ad Hoc Committee 8 Packet Pg. 27
City Council Resolution No. XXXX-2023 1
RESOLUTION NO. XXXX-2023
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BARSTOW, CALIFORNIA AMENDING THE MANDATE OF
THE STREET AD HOC COMMITTEE
THE CITY COUNCIL OF THE CITY OF BARSTOW HEREBY FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
Section 1. The City Council of the City of Barstow, in order to facilitate the conduct of City business, established the Street Ad Hoc Committee on January 16, 2007, renewed its mandate on April 17, 2023; and delegated to the committee certain responsibilities to review issues within its assigned subject area and to make recommendations to the full City Council concerning the resolution of such issues.
Section 2. The Street Ad Hoc Committee shall consist of two City Council members and three committee members selected by the City Council to advise the City Council with regard to certain matters. Technical support is also provided to the Street Ad Hoc Committee by staff members assigned by the City Manager. Specifically, the Council is asking that:
1. The Committee reviews policy issues related to street maintenance, repair, and replacement as referred by the City Council or the City Manager; and
2. The Committee review proposed capital improvement projects based on the Pavement Condition Index (PCI) and recommends prioritization of each given the financial constraints of the annual budget.
Section 3. Appointment and Reappointment Procedures. The City Council may elect to cause public notice of committee position vacancies and receive applications from interested residents on a city-wide basis. The three council members not serving on the Street Ad Hoc Committee shall nominate one eligible appointee residing in their district, with the mayor nominating one eligible appointee residing anywhere in the city. Upon receipt of each nomination, a majority vote of the City Council will confirm the appointment. In the event that the city receives no applications from one or more electoral districts, the Council may appoint that committee member without regard to the district in which they reside.
In the event of an unscheduled vacancy, the Council may seek applicants to fill the vacancy with an eligible appointee who resides in the same district as the vacated member, or, if no eligible appointee applies, the Council may fill the vacancy, without regard to the district in which the appointee resides.
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Attachment: RESO XXXX-2023 Street Committee Mandate Amendment_redlined (5352 : Amendment of Street Ad Hoc Committee Resolution) City Council Resolution No. XXXX-2023 2
Section 4. Term of Office. Committee members shall be appointed and/or reappointed for one or more terms that are coterminous with their appointing Council Member.
Section 5. Sunset Date. The Street Ad Hoc Committee will sunset five (5) years from the date of approval unless the City Council takes action before then to terminate its mandate.
Section 6. Street Ad Hoc Committee Meetings. The Street Ad Hoc Committee will meet bi-monthly or when deemed necessary by staff to update capital improvement progress.
Section 7. Records of the Proceedings of the Street Ad Hoc Committee.
The Street Ad Hoc Committee may, at its discretion, maintain a record of Committee proceedings via tape recordings. Should the Committee elect to do this, such tape recordings shall be maintained by the City for a minimum of 30 days following the date of the Committee’s meeting.
Section 8, Nature of Committee. The Street Ad Hoc Committee is ad hoc and advisory in nature. That is, the Committee shall not have the authority to act on behalf of the full City Council on those matters requiring City Council action. Rather, the Committee may present its recommendations on those issues requiring City Council action to the full City Council for consideration, debate, and action at a regular or special meeting of the City Council. The Committee’s recommendations, if ever divided, shall come from the two appointed City Council Members, not the community members voting equally with the elected Council Members. Since the Street Ad Hoc Committee is a standing committee, it shall be subject to the Brown Act under Government Code Section 54950, et seq.
PASSED, APPROVED, AND ADOPTED this 15
th day of May, 2023.
________________________________
Paul Anthony Courtney, Dr.B.A., Mayor
ATTEST:
________________________________
Andrea Flores, City Clerk
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Attachment: RESO XXXX-2023 Street Committee Mandate Amendment_redlined (5352 : Amendment of Street Ad Hoc Committee Resolution) City Council Resolution No. XXXX-2023 3
I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the City Council DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No. XXXX-2023, was adopted by said City Council at a regular meeting held on the 15th day of May 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Andrea Flores, City Clerk
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Attachment: RESO XXXX-2023 Street Committee Mandate Amendment_redlined (5352 : Amendment of Street Ad Hoc Committee Resolution) City Council Resolution No. XXXX-2023 1
RESOLUTION NO. XXXX-2023
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BARSTOW, CALIFORNIA AMENDING THE MANDATE OF
THE STREET AD HOC COMMITTEE
THE CITY COUNCIL OF THE CITY OF BARSTOW HEREBY FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
Section 1. The City Council of the City of Barstow, in order to facilitate the conduct of City business, established the Street Ad Hoc Committee on January 16, 2007, renewed its mandate on April 17, 2023; and delegated to the committee certain responsibilities to review issues within its assigned subject area and to make recommendations to the full City Council concerning the resolution of such issues.
Section 2. The Street Ad Hoc Committee shall consist of two City Council members and three committee members selected by the City Council to advise the City Council with regard to certain matters. Technical support is also provided to the Street Ad Hoc Committee by staff members assigned by the City Manager. Specifically, the Council is asking that:
1. The Committee reviews policy issues related to street maintenance, repair, and replacement as referred by the City Council or the City Manager; and
2. The Committee review proposed capital improvement projects based on the Pavement Condition Index (PCI) and recommends prioritization of each given the financial constraints of the annual budget.
Section 3. Appointment and Reappointment Procedures. The City Council may elect to cause public notice of committee position vacancies and receive applications from interested residents on a city-wide basis. The three council members not serving on the Street Ad Hoc Committee shall nominate one eligible appointee residing in their district, with the mayor nominating one eligible appointee residing anywhere in the city. Upon receipt of each nomination, a majority vote of the City Council will confirm the appointment. In the event that the city receives no applications from one or more electoral districts, the Council may appoint that committee member without regard to the district in which they reside.
In the event of an unscheduled vacancy, the Council may seek applicants to fill the vacancy with an eligible appointee who resides in the same district as the vacated member, or, if no eligible appointee applies, the Council may fill the vacancy, without regard to the district in which the appointee resides.
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Attachment: RESO XXXX-2023 Street Committee Mandate Amendment_clean copy (5352 : Amendment of Street Ad Hoc Committee Resolution) City Council Resolution No. XXXX-2023 2
Section 4. Term of Office. Committee members shall be appointed and/or reappointed for one or more terms that are coterminous with their appointing Council Member.
Section 5. Sunset Date. The Street Ad Hoc Committee will sunset five (5) years from the date of approval unless the City Council takes action before then to terminate its mandate.
Section 6. Street Ad Hoc Committee Meetings. The Street Ad Hoc Committee will meet bi-monthly or when deemed necessary by staff to update capital improvement progress.
Section 7. Records of the Proceedings of the Street Ad Hoc Committee.
The Street Ad Hoc Committee may, at its discretion, maintain a record of Committee proceedings via tape recordings. Should the Committee elect to do this, such tape recordings shall be maintained by the City for a minimum of 30 days following the date of the Committee’s meeting.
Section 8, Nature of Committee. The Street Ad Hoc Committee is ad hoc and advisory in nature. That is, the Committee shall not have the authority to act on behalf of the full City Council on those matters requiring City Council action. Rather, the Committee may present its recommendations on those issues requiring City Council action to the full City Council for consideration, debate, and action at a regular or special meeting of the City Council. The Committee’s recommendations, if ever divided, shall come from the two appointed City Council Members, not the community members voting equally with the elected Council Members. Since the Street Ad Hoc Committee is a standing committee, it shall be subject to the Brown Act under Government Code Section 54950, et seq.
PASSED, APPROVED, AND ADOPTED this 15
th day of May, 2023.
________________________________
Paul Anthony Courtney, Dr.B.A., Mayor
ATTEST:
________________________________
Andrea Flores, City Clerk
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Attachment: RESO XXXX-2023 Street Committee Mandate Amendment_clean copy (5352 : Amendment of Street Ad Hoc Committee Resolution) City Council Resolution No. XXXX-2023 3
I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the City Council DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No. XXXX-2023, was adopted by said City Council at a regular meeting held on the 15th day of May 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Andrea Flores, City Clerk
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Attachment: RESO XXXX-2023 Street Committee Mandate Amendment_clean copy (5352 : Amendment of Street Ad Hoc Committee Resolution)
8.c
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Attachment: RESO 5120-2023 Renewing Street Ad Hoc Committee (5352 : Amendment of Street Ad Hoc Committee Resolution)
8.c
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Attachment: RESO 5120-2023 Renewing Street Ad Hoc Committee (5352 : Amendment of Street Ad Hoc Committee Resolution)