BARSTOW CITY COUNCIL / BARSTOW FIRE PROTECTION
DISTRICT / BARSTOW PUBLIC FACILITIES CORPORATION
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JULY 17, 2023
6:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA
JOINT SPECIAL MEETING
Agenda-July 17, 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-July 17, 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 APPOINTMENT & PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: Finance Director
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:
(Gov. Code Section 54956.9(d)(1))
Case Name: Barstow Proprietors Association, et al. v. City of Barstow, US District Court, Central District of California, Case No. 5:23-cv-00926-JLSD-JCx
3. CONFERENCE WITH LEGAL COUNSEL; INITIATION OF LITIGATION (GOV’T CODE SECTION 54956.9(D)(4))
Recommended Action:
Conference with Legal Counsel; Initiation of Litigation (Gov’t Code section 54956.9(d)(4))
Number of Potential Cases: 1.
REPORT OF CLOSED SESSIONS ON JUNE 26, 2023 AND JULY 17, 2023:
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.
Agenda-July 17, 2023
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. MEASURE Q FUND FINANCIAL REPORT FISCAL YEAR 2022-2023 - 3RD QUARTER Recommended Action:
That the City Council receive and file the Measure Q Fund Financial Report for the 3rd Quarter of Fiscal Year 2022-2023 covering the period of January 1, 2023 - March 31, 2023 as presented.
5. AFTER-EVENT REPORT AND PRESENTATION FROM BARSTOW COMMUNITY COALITION/DESERT SANCTUARY INC.
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:
6. MINUTES REGULAR MEETING - JUNE 20, 2023, AT 5:30 P.M.
Recommended Action:
Approve minutes as presented.
7. MINUTES CLOSED SESSION MEETING - JUNE 26, 2023, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
BARSTOW PUBLIC FACILITIES CORPORATION:
8. CHANGE OF OFFICERS FOR YEAR 2023
Recommended Action:
Approve the 2023 change of officers for the Barstow Public Facilities Corporation and accept the 'Statement of Information' (Form 100) and the 'Statement of Facts' (Form 405).
9. ANNUAL MEETING OF THE BARSTOW PUBLIC FACILITIES CORPORATION AND REVIEW OF THE FISCAL YEAR 2022 PUBLIC FACILITIES CORPORATION FINANCIAL STATEMENT Recommended Action:
Staff recommends that,
1. The Board of the Barstow Public Facilities Corporation holds 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, 2022, for filing.
Agenda-July 17, 2023
BFPD:
10. SECOND ADOPTION OF THE BARSTOW FIRE PROTECTION DISTRICT'S FINAL ANNUAL BUDGET FOR FY 2023/24 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. _____-2023 adopting the Final Barstow Fire Protection District Annual Budget for Fiscal Year 2023/24 (Attachment A) and waive the full reading.
CITY COUNCIL:
11. AWARD OF COMMUNITY PROMOTIONAL FUNDS FOR FISCAL YEAR 2023-2024 Recommended Action:
Authorize the allocation from the Measure Q Fund towards providing in-kind donations of fee waivers in the amount of $38,918 for Fiscal Year 2023-2024.
12. COMMUNITY PROMOTIONAL FUND APPLICATION FROM THE UNITED STATES VETERANS SUPPORT GROUP INC.
Recommended Action:
Approve a Community Promotional Fund in-kind donation in the amount of $2,120 to the United States Veterans Support Group Inc.
13. RESOLUTION ADOPTING THE 2023/2024 THRU 2027/2028 MEASURE I FIVE-YEAR
CAPITAL IMPROVEMENT PROGRAM
Recommended Action:
Staff recommends that the City Council enact the following actions:
1. Approve Resolution No. ____-2023 adopting the City of Barstow's Measure I Capital Improvement Program for Fiscal Year 2023/2024 through 2027/2028 and waive the full reading.
2. Direct staff to forward a copy of the adopted resolution to SBCTA.
14. APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE TECHNICAL TRAINING FOR CLERKS SERIES 400
Recommended Action:
Approve travel for City Clerk Andrea Flores to Riverside, CA for the Technical Training for Clerks (TTC) Series 400, September 12 - 15, 2023, in Riverside, CA.
15. ACCEPTANCE OF THE FY2018 AND FY 2019 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANT GRANT (JAG) AWARD AS A SUB-RECIPIENT THROUGH THE SAN
BERNARDINO COUNTY FIRE PROTECTION DISTRICT, OFFICE OF EMERGENCY SERVICES.
Recommended Action:
Authorize staff to accept the sub-recipient award of the FY 2018 and FY 2019 Edward Byrne Memorial Justice Grant (JAG) in the amount of $41,434 and to appropriate funds in the amount of $41,434 to account numbers as follows:
1. 2018 JAG Grant
a. Expenditure - 218.218.218.07.722 $20,384
2. 2019 JAG Grant
b. Expenditure - 218.218.218.07.723 $21,050
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).
Agenda-July 17, 2023
PUBLIC HEARINGS:
16. ANNUAL RENEWAL AND REAFFIRMATION OF ASSESSMENT DISTRICT #1 FOR FISCAL YEAR 2023-2024
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Adopt Resolution No. _____-2023 (Attachment A), thereby approving the Engineer’s Report, and waive the full reading.
2. Adopt Resolution No. _____-2023, declaring the City’s intention to reaffirm the levy and collection of annual assessment in Fiscal Year 2023/2024 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.
17. LIEN PROTEST HEARING FOR DELINQUENT TRASH & SEWER ACCOUNTS Recommended Action:
Staff recommends the City Council:
1. Conduct a protest hearing and subject to testimony received, adopt Resolution No. _____- 2023 and waive further reading.
2. Where necessary and relevant, direct staff to resolve any conflicts with protest owners before the final lien and/or property tax assessment list is filed with San Bernardino County. Additionally, authorize staff to remove any properties from the lien and assessment listings should delinquent fees be paid prior to the filing of the final lien list with San Bernardino County.
18. REVIEW THE CITY’S MILITARY EQUIPMENT ANNUAL REPORT AND ADOPT RESOLUTION NO. ____-2023 TO RENEW ORDINANCE NO. 989-2022, APPROVING THE CITY’S MILITARY
EQUIPMENT POLICY, AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 7070
Recommended Action:
The Barstow Police Department is committed to transparency, public trust, community partnerships, and compliance with legal requirements.
Staff recommends City Council approve the 2023 Military Equipment Annual Report and adopt Resolution No.____-2023 renewing Ordinance No. 989-2022, which approved the Department’s military equipment funding, acquisition, and use policy pursuant to Assembly Bill 481.
The renewal of the proposed ordinance is exempt from review under the California Environmental Quality Act (“CEQA”), per CEQA Guidelines Section 15378(b)(2,5).
Attachments:
1. Resolution No. ____-2023
2. Annual Military Equipment Policy
3. Barstow Ordinance No. 989-2022
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
19. APPOINTMENT OF STREET AD HOC COMMITTEE MEMBERS
Recommended Action:
That the City Council appoint the following individuals to the Street Ad Hoc Committee:
Ann Taylor
Monica Pequeno
Julie Hackbarth-McIntyre
Agenda-July 17, 2023
20. APPROVAL OF EXCLUSIVE NEGOTIATING AGREEMENT WITH LEWIS ACQUISITION
COMPANY, LLC
Recommended Action:
Approve the proposed Exclusive Negotiating Agreement with the Lewis Acquisition Company, LLC.
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 JUNE 2023 UPDATE
Recommended Action:
Receive and file.
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 13th day of July, 2023.