BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
FEBRUARY 5, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA
JOINT SPECIAL MEETING
Agenda-February 5, 2024
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
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-February 5, 2024
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.
PUBLIC COMMENT - CLOSED SESSION:
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: 4
2. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: City Manager
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:
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 Agenda-February 5, 2024
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. ITEMS MAY ONLY BE ADDED TO THE AGENDA AS ALLOWED BY STATE LAW, INCLUDING GOVERNMENT CODE SECTION 54954.2, SUBDIVISION (B),
ALLOWING EMERGENCY ITEMS TO BE ADDED BY MAJORITY VOTE AND ALLOWING ITEMS THAT AROSE TO THE CITY’S ATTENTION AFTER THE AGENDA POSTING DEADLINE, BUT WHICH REQUIRE
IMMEDIATE ACTION, TO BE ADDED BY A TWO-THIRDS VOTE OF THE COUNCIL MEMBERS PRESENT
AT THE MEETING, OR, IF LESS THAN TWO-THIRDS OF THE COUNCIL MEMBERS ARE PRESENT, A UNANIMOUS VOTE OF THOSE MEMBERS PRESENT.
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:
3. MINUTES REGULAR MEETING - DECEMBER 18, 2023, AT 7:00 P.M.
Recommended Action:
Approve minutes as presented.
4. MINUTES REGULAR MEETING - JANUARY 16, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
ACCOUNTS PAYABLE ALL AGENCIES:
5. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #94106-94394 totaling $3,541,227.35 and wires #919-924 totaling $204,883.85, per the Agency breakdown below:
City: $3,526,565.04
Fire: $219,546.16
Successor Agency: $0.00
Grand Total: $3,746,111.20
CITY COUNCIL:
6. APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE CMC INSTITUTE, FEBRUARY 20 - 23, 2024, IN SAN MARCOS, CA
Recommended Action:
Approve travel for City Clerk Andrea Flores to attend the CMC Institute, February 20 - 23, 2024, in San Marcos, CA.
Agenda-February 5, 2024
7. COMMUNITY PROMOTIONAL FUND APPLICATION FROM ON THE RISE, INC. - CALEB'S
COLOR RUN
Recommended Action:
Approve Community Promotional Fund donation in the amount of $2,000 for waiver of fees for use of the Robert A. Sessions Memorial Sports Park.
8. AWARD OF MEASURE Q YOUTH SPORTS COMMUNITY PROMOTIONAL FUNDS FOR FISCAL YEAR 2023-2024 FOR THE MONTHLY FARMERS
Recommended Action:
Approve Community Promotional Fund donation and provide staff a total of fee waivers to be charged to Measure Q account 102.150.542.07.755.
9. FINAL ACCEPTANCE FOR THE DIGESTER REHAB PROJECT, PROJECT WW-21-002 Recommended Action:
Staff recommends the City Council to take the following actions:
1. Approve the Acceptance of Project WW-21-002, Aerobic Digester Rehab Project
2. Authorize staff to file a Notice of Completion
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:
10. FY2024/25 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATION FOR
PROJECTS
Recommended Action:
Staff recommends the City Council take the following actions:
1. Per CDBG policy, City Council selects construction project(s) and amounts to be awarded (Maximum of 2 projects).
2. Per CDBG Policy, City Council selects public service project(s) and amounts to be awarded(Maximum of five(5) projects).
3. Authorize the City Manager to execute all necessary forms.
4. Direct staff to submit City Council's project recommendations to San Bernardino County for consideration by the San Bernardino County Board of Supervisors.
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
11. AWARD OF CONTRACT FOR MOJAVE RIVER VALLEY MUSEUM ROOFING PROJECT Recommended Action:
1. City Staff recommends that the City Council award the contract to Red Castle Inc. for the Mojave River Valley Museum Roofing Project.
2. Approve an overall CDBG funded budget of $171,600
12. SURPLUS LAND ACT DESIGNATION: APNS: 0182-302-01-0000, 0424-241-44-0000, 0421- 181-08-0000, 0428-181-50-0000, 0428-181-51-0000, 0428-181-52-0000, 0428-181-53-0000, 0428-181-54-0000, 0428-181-47-0000, 0182-281-02-0000, 0518-231-33-0000, 0497-131-73- 0000, 0182-282-06-0000, 0182-301-11-0000
Recommended Action:
Approve Resolution XXXX-2024 and that the City Council declare the listed properties surplus and direct the City Manager to send a written Notice of Availability of surplus land to HCD and Agenda-February 5, 2024
conduct all other required activities to declare the land surplus.
13. AWARD A CONTRACT FOR PROJECT 2021-05 GENERATOR REPLACEMENT AT THE FIRE DISTRICT'S STATION 363
Recommended Action:
Staff Recommends that the City Council take the following actions:
1. Approve the change order to complete the project to Delta Electric, LLC.
2. Approve and appropriate a change order in the amount of $8,200 and an overall project budget of $81,640.00.
14. PUBLIC EMPLOYEE APPOINTMENT - ACTING CITY MANAGERAPPROVAL OF RESOLUTION OF APPOINTMENT OF ANDREW ESPINOZA, JR. AS INTERIM CITY
MANAGER AND PUBLIC SAFETY DIRECTOR/CHIEF OF POLICE, FIRE PROTECTION
DISTRICT INTERIM ADMINISTRATOR, AND SUCCESSOR AGENCY INTERIM EXECUTIVE
DIRECTOR AND APPROVAL OF AT-WILL EMPLOYMENT AGREEMENT
Recommended Action:
Adopt resolution xxxx-2024 appointing Mr. Espinoza as Interim City Manager and Public Safety Director/Chief of Police, Fire Protection District Interim Administrator, and Successor Agency Interim Executive Director, and direct the Mayor to sign the proposed At-Will Employment Agreement.
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 UPDATES:
PUBLIC SAFETY UPDATES:
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.
Agenda-February 5, 2024
Posted on the 1st day of February, 2024.
Approved:
_________________________________________
Andrew Espinoza Jr./Acting City Manager