REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JULY 15, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA
REGULAR MEETING
Agenda-July 15, 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
CALL TO ORDER - CLOSED SESSION:
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-July 15, 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.
CLOSED SESSION AGENDA ITEMS:
1. 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:
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. 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.
Agenda-July 15, 2024
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:
2. MINUTES REGULAR MEETING - JUNE 17, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
3. MINUTES SPECIAL MEETING - JUNE 26, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
ACCOUNTS PAYABLE ALL AGENCIES:
CITY COUNCIL:
4. ACCEPTANCE OF THE FY 2022 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 FY2022 Edward Byrne Memorial Justice Grant (JAG) in the amount of $20,252 and to appropriate funds in the amount of $20,252 to account numbers as follows:
1. 2022 JAG
a. Expenditure - 218.218.218.07.726
5. ACCEPTANCE OF THE FY 2024/2025 CANNABIS TAX FUND GRANT PROGRAM (CTFGP) AWARD AS A SUB-RECIPIENT THROUGH THE CALIFORNIA HIGHWAY PATROL.
Recommended Action:
Authorize staff to accept the sub-recipient award of the FY 2024/2025 Cannabis Tax Fund Grant Program (CTFGP) award in the amount of $220,000 and to appropriate funds in the amount of $220,000 to account numbers as follows:
1. 2024/2025 CTFGP Grant
a. Expenditure - 218.218.218.07.748
6. SECOND ADOPTION OF THE BARSTOW FIRE PROTECTION DISTRICT'S FINAL ANNUAL BUDGET FOR FY 2024/25 PURSUANT TO HEALTH AND SAFETY CODE SUBSECTION 13893
Recommended Action:
Staff recommends, pursuant to the Health and Safety Code requirements, the Barstow Fire Protection District's Board approve Resolution No. ______-2024 adopting the Final Barstow Fire Protection District Annual Budget for Fiscal Year 2024/25 (Attachment A) 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-July 15, 2024
PUBLIC HEARINGS:
7. 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. ____-2024 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.
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
8. A RESOLUTION AUTHORIZING THE EXECUTION OF A MASTER LEASE-PURCHASE
AGREEMENT AND RELATED DOCUMENTS WITH HOLMAN CAPITAL FOR THE
LEASE/PURCHASE OF A ENFORCER PIERCE ULTIMATE CONFIGURATION PUMPER FIRE ENGINE, AND THE LEASE/PURCHASE OF A BME INTERNATIONAL TYPE # 3 BRUSH TRUCK.
Recommended Action:
Staff recommends the City Council:
1. Approve BFPD Resolution XX-2024 authorizing the Barstow City Council to execute the Master Lease-Purchase Agreement and related documents with Holman Capital to finance the acquisition of a Pierce Fire Engine, and the BME International Brush Truck with a cost not to exceed a total of $1,700,000 collectively, as defined in the Discussion Section of this staff report.
9. DESIGNATION OF CITY OF BARSTOW REPRESENTATIVES FOR SAN BERNARDINO
COUNTY HOMELESS PARTNERSHIP AND DESERT REGIONAL STEERING COMMITTEE,
INTERAGENCY COUNCIL ON HOMELESSNESS, AND CONTINUUM OF CARE BOARDS Recommended Action:
Designate, by Minute Action, a City of Barstow Representative, and Alternate, for the San Bernardino County Homeless Partnership and its Desert Regional Steering Committee, Interagency Council on Homelessness, and Continuum of Care Boards.
10. FIRST READING AND INTRODUCTION OF AN ORDINANCE OF THE CITY OF BARSTOW AMENDING CHAPTER 2.24 REGARDING THE PLANNING COMMISSION; AND ADOPT RESOLUTION NO. ____-2024, AMENDING PREVIOUSLY ESTABLISHED RULES FOR THE
CONDUCT OF PLANNING COMMISSION MEETINGS, PROCEEDINGS AND BUSINESS AND REPEALING PLANNING COMMISSION RESOLUTION 467
Recommended Action:
The Rules and Policies Committee recommends the City Council adopt Ordinance No. ___-2024 to approve amendments to the Barstow Municipal Code and to adopt Resolution No.____-2024 and repeal Planning Commission Resolution No. 467, all amending the Planning Commission’s rules and regulations.
11. SURPLUS LAND ACT DESIGNATION: APNS: 0181-011-17-0000, 0181-011-18-0000, 0182- 011-10-0000, 0182-011-11-0000, 0182-011-12-0000, 0182-011-14-0000, 0182-011-15-0000, 0182-011-16-0000, 0182-011-17-0000, 0182-011-18-0000, 0182-011-19-0000, 0182-011-21- 0000, 0182-011-22-0000, 0182-011-23-0000, 0182-011-24-0000, 0182-011-25-0000, 0182-011- 26-0000, 0182-011-27-0000, 0182-012-01-0000, 0182-012-02-0000, 0182-012-08-0000, 0182- 012-09-0000, 0182-012-10-0000, 0182-012-36-0000, 0182-012-37-0000, 0182-012-39-0000, 0182-012-43-0000, 0182-012-44-0000, 0182-012-52-0000
Recommended Action:
Staff recommends the City Council adopt a Resolution declaring the listed properties surplus, Agenda-July 15, 2024
finding this declaration exempt from review under the California Environmental Quality Act, and direct the City Manager to send a written Notice of Availability of surplus land to HCD and conduct all other required activities to declare the land surplus.
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 10th day of July, 2024.
Andrew Espinoza Jr., Interim City Manager
Cory Cisneros, Acting Fire Chief
Paul Anthony Courtney, Mayor/BFPD Chair