REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
SEPTEMBER 16, 2024
5:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA
REGULAR MEETING
Agenda-September 16, 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 5:00PM
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-September 16, 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.
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Recommended Action:
(Government Code Section 54957)
Title: Interim 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:
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-September 16, 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. CITIZEN RECOGNITION FOR MICHELLE CARREY
Recommended Action:
Presentation only.
4. PRESENTATION OF PROCLAMATION TO DESERT SANCTUARY, INC. IN RECOGNITION OF DOMESTIC VIOLENCE AWARENESS MONTH - OCTOBER 2024
Recommended Action:
Present proclamation to Desert Sanctuary, Inc. in recognition of Domestic Violence Awareness Month - October 2024.
5. PRESENTATION FROM VVTA
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:
6. MINUTES CC BFPD - AUGUST 5, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
7. MINUTES REGULAR MEETING - AUGUST 19, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
ACCOUNTS PAYABLE ALL AGENCIES:
CITY COUNCIL:
8. FINAL ACCEPTANCE OF MOJAVE RIVER VALLEY MUSEUM ROOF RECONSTRUCTION
PROJECT
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Approve final acceptance for the Mojave River Valley Museum Roof Replacement Project #2022-05 (CDH Project Number BARS-21-1-03Z/0238)
2. Authorize staff to file the attached Notice of Completion Agenda-September 16, 2024
9. APPROVAL TO REALLOCATE CDBG UNPROGRAMMED FUNDS FOR NORTH BARSTOW
ADA INFRASTRUCTURE IMPROVEMENTS
Recommended Action:
Staff Recommends that the City Council take the following actions:
1. Approve the allocation of CBDG un-programmed funds and a project budget increase in the amount of $261,675 and approve the increase of the total contract amount to $542,515
10. RESOLUTION NO. XXXX-2024 TEMPORARILY CLOSING CERTAIN STREETS WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH SECTION 21101(E) OF THE CALIFORNIA
VEHICLE CODE FOR THE MARDI GRAS PARADE
Recommended Action:
Adopt Resolution No. XXXX-2024 temporarily closing certain streets within the City of Barstow in accordance with Section 21101(E) of the California Vehicle Code - Kiwanis Mardi Gras Parade), in which funds, if approved during the September 16, 2024 regular Council meeting, would be appropriated in FY 2024/2025 from account number 102.150.542.07.755, and waive the full reading.
11. RESOLUTION AUTHORIZING THE STREET CLOSURE FOR THE ARTS AND CULTURAL DISTRICT FESTIVAL EVENT ON OCTOBER 12, 2024.
Recommended Action:
Adopt Resolution No. ____ -2024, approving the Street Closure and Statement of Findings for the Arts and Cultural District Festival Event on October 12, 2024, and to waive the reading.
12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW TEMPORARILY
CLOSING CERTAIN STREETS WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH CALIFORNIA VEHICLE CODE SECTION 21101(E) FOR THE MAIN STREET USA FESTIVAL.
Recommended Action:
Adopt Resolution No. XXXX-2024, temporarily closing certain streets within the City of Barstow in accordance with California Vehicle Code Section 21101(e) for the Main Street USA Car Show, and waive the full reading.
13. APPROVAL OF TRAVEL TO THE LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE IN LONG BEACH, CA
Recommended Action:
Approve travel of Mayor Courtney, to Long Beach, CA for the League of California Cites New Mayors and Council Members Academy.
14. APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE LEAGUE OF CALIFORNIA CITIES CITY CLERK WORKSHOP, OCTOBER 16, 2024, IN LONG BEACH, CA
Recommended Action:
Approve travel for City Clerk Andrea Flores to the League of California Cities City Clerk Workshop on October 16, 2024, in Long Beach, CA.
15. DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD OCTOBER 16 - 18, 2024
Recommended Action:
Designate Mayor Courtney as the voting delegate for the City of Barstow for the 2024 League of California Cities Annual Conference to be held October 16 - 18, 2024, in Long Beach CA.
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-September 16, 2024
PUBLIC HEARINGS:
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
16. AWARD OF COMMUNITY PROMOTIONAL FUNDS FOR FISCAL YEAR 2024-2025 Recommended Action:
Authorize the award from the Measure Q Fund towards providing in-kind donations of fee waivers, and cash donation as listed in Exhibit “A”.
17. RESOLUTION ACCEPTANCE OF ACTIVE TRANSPORTATION PROGRAM GRANT ATP-08- 129M AND ATP-5298(037) FOR PEDESTRIAN, BICYCLIST AND SAFETY IMPROVEMENTS Recommended Action:
Staff recommends the City Council take the following actions:
1. Waive the reading in full.
2. Adopt Resolution No. XXXX-2024 authorizing the City Manager to execute the Master Agreement on behalf of the City as part of the California Department of Transportation's funding process.
3. Authorize the revenue budget for the ATP Grant for $6,406,000 in the Reimbursable Grant Fund.
4. Accept the potential City match of $3,000,000 utilizing available funding sources.
18. RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY
FOR ACCEPTANCE OF STATE OF CA DEPARTMENT OF TRANSPORTATION FUNDS Recommended Action:
Staff recommends the City Council take the following actions:
1. Waive the reading in full.
2. Adopt Resolution No. XXXX-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 ATP Grant for $622,000 in the Reimbursable Grant Fund.
19. ALLOCATE MEASURE Q FUNDS FOR THE PURCHASE OF BODY WORN CAMERAS Recommended Action:
Staff recommends that the City Council take the following actions:
1) Authorize staff to allocate funding for the amount, not to exceed $334,383.41 with yearly payments from October 2024 to October 2028 of Measure Q funds for the purchase of Axon Generation 4 body worn camera systems.
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:
20. CITY MANAGER'S AUGUST 2024 UPDATE
Recommended Action:
Receive and file.
Agenda-September 16, 2024
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 12th day of September, 2024.
Andrew Espinoza Jr., Interim City Manager
Cory Cisneros, Acting Fire Chief Andrea Flores, City Clerk/Secretary Paul Anthony Courtney, Mayor/BFPD Chair