BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
AUGUST 19, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA
JOINT SPECIAL MEETING
Agenda-August 19, 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-August 19, 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: 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: 4
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 Agenda-August 19, 2024
AT THE MEETING, OR, IF LESS THAN TWO-THIRDS OF THE COUNCIL MEMBERS ARE PRESENT, A UNANIMOUS VOTE OF THOSE MEMBERS PRESENT.
PRESENTATIONS:
2. CALIFORNIA 300 PRESENTATION
Recommended Action:
Presentation only.
3. CHEMEHUEVI INDIAN TRIBE PROJECT UPDATE
Recommended Action:
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 - JULY 1, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
5. MINUTES REGULAR MEETING - JULY 15, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
CITY COUNCIL:
6. CORRECTION - ANNUAL RENEWAL AND REAFFIRMATION OF ASSESSMENT DISTRICT #1 FOR FISCAL YEAR 2024-2025
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Adopt Resolution No. 5181-2024 (Attachment A), thereby approving the Engineer’s Report, and waive the full reading.
7. FY2023/2024 PROPOSED BUDGET AMENDMENT FOR YEAR-END CLEAN-UP
ADJUSTMENTS
Recommended Action:
Staff recommends the City Council approve the amendments to various funds and accounts in the City's adopted FY2023/2024 Operating and Capital Improvement Budget as outlined in the attached proposed Budget Amendment (Attachment A).
8. ACCEPTANCE OF THE FY 2021 HOMELAND SECURITY GRANT PROGRAM (HSGP)
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 2021 Homeland Security Grant Program (HSGP) award in the amount of $15,241 and to appropriate funds in the amount of $15,241 to account numbers as follows:
1. FY 2021 Homeland Security Grant Program (HSGP)
a. Expenditure - 217.217.217.07.732
Agenda-August 19, 2024
9. MEASURE I YEAR-END -UPDATE 2023/2024 REVISED
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Approve the necessary adjustments to the Measure I Capital Improvement Projects, per Attachment A, and associated expenditure and revenue transfer accounts to/from the Measure I Fund (209) and the Capital Improvement Project (CIP) Fund (400).
2. Direct staff to forward the report to SBCTA.
10. RESOLUTION ADOPTING THE 2023-2027 MEASURE I FIVE YEAR CAPITAL IMPROVEMENT
PROGRAM
Recommended Action:
Staff recommends that the City Council enact the following actions:
1. Approve Resolution No. ____-2024 adopting the City of Barstow's Measure I Capital Improvement Program for Fiscal Year 2024/2025 through 2028/2029 and waive the full reading.
2. Direct staff to forward a copy of the adopted resolution to SBCTA
11. RESOLUTION TO ADOPT PROJECTS FUNDED BY SB1 FOR FY 2023-2024: THE ROAD
REPAIR AND ACCOUNTABILITY ACT
Recommended Action:
1. Staff recommends that the City Council approve Resolution No. ____-2024, adopting the projects list (Attachment A) funded by SB 1 and waive the full reading in its entirety.
2. Direct staff to forward the project list and resolution to the California Transportation Committee.
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:
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW DECLARING A
PROTEST HEARING FOR PROPERTY ABATEMENT COSTS AND PENALTIES FOR AUGUST 19, 2024 AT 7:00 PM
Recommended Action:
Conduct a protest hearing. Subject to testimony received, adopt attached Resolution No. 5176- 2024, making determinations and confirming Assessments and Proceedings for the unpaid nuisance abatement fees, and waive the reading.
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
13. A RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY
FOR LOCAL ROADWAY SAFETY PLAN (LRSP) FUNDING
Recommended Action:
Staff recommends the City Council take the following actions:
1. Waive the reading in full.
2. Adopt Resolution No. ____-2024 authorizing the City Manager to execute the Master Agreement and Program Supplemental Agreement that must be executed on behalf of the City as part of the California Department of Transportation's funding process.
3. Authorize the revenue budget for the LRSP Grant for $72,000 in the Reimbursable Grant Fund, account number 217.217.116.672.
4. Appropriate $72,000.00 to the Reimbursable Grant Fund, as expenditure in account number 217.217.217.07.745. Appropriate the required City match of $8,000 from available funds in the Agenda-August 19, 2024
Local Transportation Fund (LTF), account number 235.235.235.07.745.
14. ADOPTION OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BARSTOW FIRE
PROTECTION DISTRICT REQUESTING THE SAN BERNARDINO COUNTY LOCAL AGENCY
FORMATION COMMISSION INITIATE PROCEEDINGS FOR ANNEXATION OF THE BARSTOW WASTEWATER TREATMENT PLANT, AND FINDING CEQA EXEMPTION (14 CCR 15320).
Recommended Action:
It is recommended by staff that the Board of Directors approve the attached Resolution making the necessary findings.
Attachments:
1. Exhibit A: Map of Proposed Annexation
2. Exhibit B: Resolution
3. Exhibit C: Application and Preliminary Environmental Description
4. Exhibit D: Supplement Annexation, Detachment, Reorganization Proposals
5. Exhibit E: Plan for Service
6. Exhibit F: Fiscal Impact Analysis
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:
15. CITY MANAGER'S JULY 2024 UPDATE
Recommended Action:
Receive and file.
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-August 19, 2024
Posted on the 15th day of August, 2024.
Andrew Espinoza Jr., Interim City Manager
Cory Cisneros, Acting Fire Chief Andrea Flores, City Clerk/Secretary Paul Anthony Courtney, Mayor/BFPD Chair