REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JANUARY 21, 2025
5:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA
REGULAR MEETING
Agenda-January 21, 2025
MAYOR
Timothy R. Silva
COUNCILMEMBERS
James M. Noble
Carmen M. Hernandez
Barbara Mae Rose
John “Tex” Williams
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
Timothy R. Silva
James M. Noble
Carmen M. Hernandez
Barbara Mae Rose
John “Tex” Williams
AMENDED
CLOSED SESSION 5:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Member Carmen Hernandez
Council Member James Noble
Council Member John “Tex” Williams
Mayor Pro Tem Barbara Rose
Mayor Timothy Silva
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-January 21, 2025
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 - EXISTING LITIGATION
Recommended Action:
Pursuant to Government Code Section 54956.9(d)(1)), the City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.
Case Name: Barstow Proprietors Association, et al. v. City of Barstow et. al, US District Court, Central District of California, Case No. 5:23-cv-00926-JLS-JC; United States Courts of Appeals for the 9th Circuit, Case No. 23-3935
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:
Pursuant to (Gov. Code Section 54956.9(d)(1))
The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.
Case Name: Ellis v. City of Barstow
Names of Parties or Claimants
San Bernardino County Superior Court Case No. CIV-SB-2307680
3. 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 belowdescribed 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. (Government Code Section 54956.9(e)(1)) Number of Potential Cases: 2
4. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Recommended Action:
(Gov. Code § 54956.9(d)(4))
Number of Potential Cases: 1
5. CONFERENCE WITH LEGAL COUNSEL - PROPERTY NEGOTIATORS Recommended Action:
(Government Code Section 54956.8)
Property: Bureau of Lang Management Land east and north of the commercial developments along Highpoint Parkway, off Lenwood Road
Agency Negotiators: Andy Espinoza Jr., Interim City Manager Negotiating Party: Lewis Acquisition Company, LLC
Under Negotiation: Price and Terms of Payment
6. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Agenda-January 21, 2025
Title: City Manager
7. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: Interim City Manager, Police Chief, Public Safety Director 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: PASTOR MIKE SMITH with BETHANY CHRISTIAN FELLOWSHIP PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Member Carmen Hernandez
Council Member James Noble
Council Member John “Tex” Williams
Mayor Pro Tem Barbara Rose
Mayor Timothy R. Silva
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 TWOTHIRDS 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:
8. CERTIFICATE OF APPRECIATION FOR THE 2024-2025 BARSTOW HIGH SCHOOL VARSITY FOOTBALL.
VINCE WILLIAMS SR.
Agenda-January 21, 2025
Recommended Action:
Presentation only.
9. AFTER-EVENT REPORT AND PRESENTATION BY BABIES SO SPECIAL Recommended Action:
CATHY WILLIAMS
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: NONE
ACCOUNTS PAYABLE ALL AGENCIES: NONE
CITY COUNCIL:
10. APPROVAL OF AMENDMENT (SIDE LETTER) TO THE MEMORANDUM OF UNDERSTANDING (MOU) WITH TEAMSTERS LOCAL 1932 - UNIT 1
FINANCE DIRECTOR, SYDNIE HARRIS
Recommended Action:
Staff recommends that the City Council take the following action:
Approve the Amendment to the 2022-2025 Memorandum of Understanding (side letter) between the City of Barstow and Teamsters Local 1932 – Unit 1 pertaining to the National Institute for Automotive Service Excellence certification.
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:
11. INTRODUCTION OF ORDINANCE NO. XXX-2025 APPROVING A DEVELOPMENT AGREEMENT WITH LEWIS LAND DEVELOPERS, LLC FOR A 146-UNIT SINGLE-FAMILY
RESIDENTIAL HOUSING PROJECT LOCATED AT THE SOUTHWEST CORNER OF RIMROCK ROAD AND HIGGINS ROAD.
COMMUNITY DEVELOPMENT DIRECTOR, CHRIS HELDRETH
Recommended Action:
Staff recommends that the City Council introduce Ordinance No. XXX-2025 approving a development agreement with Lewis Land Developers, LLC for a 146-unit single family residential housing project located on the southwest corner of Rimrock Road and Higgins Road, as recommended by the Planning Commission at its December 9, 2024 meeting.
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
Agenda-January 21, 2025
12. 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.
FINANCE DIRECTOR, SYDNIE HARRIS
Recommended Action:
Staff recommends the City Council:
1. Approve BFPD Resolution XX-202X 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.
13. APPROVAL OF PURCHASE OF A CCTV TRUCK/EQUIPMENT
COMMUNITY DEVELOPMENT DIRECTOR, CHRIS HELDRETH
Recommended Action:
Staff recommends that the council take the following actions:
1. Authorize the purchase of a new CCTV van from Haaker equipment, by appropriating $383,032.21 from the Wastewater Enterprise Fund and,
2. Authorize the City Manager or designee to issue the intent to purchase and the authority to execute the necessary agreement when the equipment becomes available.
14. PLANNING COMMISSION VACANCIES
CITY CLERK SERVICES MANAGER, MARIBEL HERNANDEZ
Recommended Action:
The Selection Committee recommends the City Council appoint Beatrice Lint and Ted Weasma as Planning Commissioners for one term, (to end 12/31/2028).
15. SELECTION OF COMMITTEE REPRESENTATIVES FOR THE STREET COMMITTEE
CITY CLERK SERVICES MANAGER, MARIBEL HERNANDEZ
Recommended Action:
It is recommended that Mayor Silva appoint a Member of the Council to serve on the Street Committee.
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.
Agenda-January 21, 2025
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 17th day of January, 2025.