REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JUNE 17, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA
REGULAR MEETING
Agenda-June 17, 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
Paul Niemeyer
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:
INVOCATION:
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-June 17, 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: POTENTIAL FOR LITIGATION AGAINST THE CITY 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: 2
2. CONFERENCE WITH LEGAL COUNSEL; INITIATION OF LITIGATION 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 SESSION:
CALL TO ORDER - REGULAR MEETING 7:00 PM (or immediately following adjournment of Closed Session if adjourned after 7:00 PM):
INVOCATION:
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-June 17, 2024
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:
3. 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:
4. MINUTES CC BFPD - APRIL 1, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
5. MINUTES OF APRIL 9, 2024 COUNCIL GOALS WORKSHOP
Recommended Action:
Approve the minutes as presented.
6. MINUTES REGULAR MEETING - APRIL 15, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
7. MINUTES SPECIAL MEETING - APRIL 29, 2024, AT 5:30 P.M.
Recommended Action:
Approve minutes as presented.
8. MINUTES CC BFPD - MAY 6, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
9. MINUTES OF MAY 20, 2024 BUDGET WORKSHOP
Recommended Action:
Approve the minutes as presented.
10. MINUTES REGULAR MEETING - MAY 20, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
Agenda-June 17, 2024
11. MINUTES CC BFPD - JUNE 3, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
ACCOUNTS PAYABLE ALL AGENCIES:
None
CITY COUNCIL:
12. LABORATORY SERVICES - PROFESSIONAL SERVICE CONTRACT Recommended Action:
Staff recommends that the City Council:
1) Approve the scope and fee with Babcock Laboratories, Inc. Laid out in the bid for the bid amount of $99,567.00 (per year) for the testing of water and wastewater samples and field services.
2) Authorize the City Manager or designee the authority to sign the agreement.
13. APPROVAL OF RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR
THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF LAWS OF THE STATE OF CALIFORNIA TO GENERAL LAW CITIES.
Recommended Action:
Adopt Resolution No. ______-2024, calling and giving notice for the General Municipal Election to be held on November 5, 2024, to fill five (5) elected official vacancies within the City of Barstow and to waive the full reading.
14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO §10403 OF THE ELECTIONS CODE.
Recommended Action:
Adopt Resolution No. _____-2024 requesting the Board of Supervisors of the County of San Bernardino to consolidate Barstow’s General Municipal Election with the Statewide General Election on November 5, 2024, to fill five (5) elected official vacancies to be conducted by the San Bernardino County Registrar of Voters and to waive the reading.
15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024
Recommended Action:
1. Adopt Resolution No. _____-2024 adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election to be held on Tuesday, November 5, 2024, and waive the full reading.
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-June 17, 2024
PUBLIC HEARINGS:
16. APPROVAL OF ANNUAL 2024/2025 APPROPRIATIONS LIMIT
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Approve the annual 2024/2025 appropriations limit, which is calculated using the change in County population and the change in growth in California personal income, which are determined by the State of California, Department of Finance.
2. Adopt Resolution No. ____-2024, establishing the appropriations limit for FY 2024/2025, by title only and waive the reading.
17. APPROVAL OF BARSTOW FIRE DISTRICT APPROPRIATIONS LIMIT FOR FY 2024/2025 Recommended Action:
Staff recommends that the Barstow Fire Protection District’s Board take the following actions:
1. Approve the annual 2024/2025 appropriations limit, which is calculated using the change in the growth in California personal income and the change in population growth of the City/County, which are determined by the State of California.
2. Adopt BFPD Resolution No. _____-24, establishing the appropriations limit for Fiscal Year 2024/2025, by title only and waive the reading.
18. FY 2024/2025 INVESTMENT POLICY FOR THE CITY OF BARSTOW Recommended Action:
Adopt the Investment Policy and Resolution No.___-2024 of the City of Barstow for FY 2024/2025.
19. CONSIDERATION OF APPROVAL OF THE FISCAL YEAR 2024/2025 PROPOSED
OPERATING AND CAPITAL IMPROVEMENT BUDGET
Recommended Action:
Staff recommends that the City Council and Barstow Fire Protection District Board take the following actions:
1. That City Council approve the Fiscal Year 2024/2025 Proposed Operating and Capital Improvement Budget for the City in the amount of $56,995,623 and adopt the attached Joint Resolution No. ____-2024 (Attachment B), approving the Proposed Budget (Attachment A), including any City Council amendments (if any), and excluding the Barstow Fire Protection District Budget – Fund 225, and waive the full reading.
2. That the Fire Protection District Board approve and adopt a preliminary budget for the Barstow Fire Protection District in the amount $7,003,579 and adopt the attached Joint Resolution No. ____-2024 (Attachment B), approving and adopting the preliminary Budget (Attachment A) as submitted pursuant to Health & Safety Code Section 13893(a)(1) and waive the full reading.
20. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA, AMENDING AND ESTABLISHING SPECIFIED FEES FOR CITY SERVICES (FY 2024/2025) Recommended Action:
Staff recommends that City Council adopt the attached Resolution No. XXXX-2024 amending and establishing the Master Fee Schedule for Fiscal Year 2024/2025, and waive the full reading.
BUSINESS/ACTION ITEMS:
CITY COUNCIL:
21. AWARD OF CONTRACT WITH SPECPRO FOR ANIMAL SERVICES AND SHELTER
OPERATIONS
Recommended Action:
Agenda-June 17, 2024
Approve the Agreement for Animal Shelter and Control Services with SpecPro, and authorize the City Manager to execute the agreement not to exceed $717,801 for the term of 6 months and reevaluate the contract in 6 months.
Staff Recommends that the City Council take the following actions:
1. Approve a contract with SpecPro
2. Authorize the City Manager or designated representative to sign the contract.
22. APPROVAL OF AMENDED AND RESTATED LEGAL SERVICES AGREEMENT WITH
COLANTUONO, HIGHSMITH & WHATLEY, PC
Recommended Action:
The City Manager recommends the City Council approve a proposed amended and restated legal services agreement with Colantuono, Highsmith & Whatley, PC, maintaining current City Attorney Matthew Summers and adjusting the rates as stated therein.
GENERAL, NON-AGENDA PUBLIC COMMENTS: 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:
23. CITY MANAGER'S MAY 2024 UPDATE
Recommended Action:
Receive and file.
CITY MANAGER 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.
Posted on the 13 day of June, 2024.
Agenda-June 17, 2024
Approved:
Andrew Espinoza Jr., Interim City Manager
Cory Cisneros, Acting Fire Chief
Paul Anthony Courtney, Mayor/BFPD Chair