BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JUNE 17, 2025
5:30 PM
(HANDICAPPED ACCESSIBLE)
AGENDA
JOINT SPECIAL MEETING
Agenda-June 17, 2025
MAYOR
Timothy R. Silva
COUNCILMEMBERS
Carmen M. Hernandez
James M. Noble
Barbara Mae Rose
John “Tex” Williams
ELECTED CITY CLERK
Andrea Flores
ELECTED CITY TREASURER
Michael Lewis
PLANNING COMMISSIONERS
Juanantonio DeLucas
Andrew Ziemer
Beatrice Lint
Paul Niemeyer
Ted Weasma
BARSTOW FIRE PROTECTION
DISTRICT
A Subsidiary District of the City of
Barstow
Timothy R. Silva
Carmen M. Hernandez
James M. Noble
Barbara Mae Rose
John “Tex” Williams
CALL TO ORDER - CLOSED SESSION 5:30PM
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-June 17, 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 (GOV. CODE § 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: Verville, et al. v. City of Barstow, et al., San Bernardino County Superior Court Case No. CIVSB2312011
2. CONFERENCE WITH LEGAL COUNSEL; ANTICIPATED LITIGATION 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. Number of Potential Cases: 1
3. PUBLIC EMPLOYEE APPOINTMENT
(Government Code Section 54957)
Position Title: ADMINISTRATIVE SERVICE DIRECTOR
4. CONFERENCE WITH LABOR NEGOTIATORS
Conference with Labor Negotiators (Gov. Code § 54957.6) City & District Negotiators: City Manager/District Manager Rochelle Clayton Employee Organizations:
Unit 1 - Teamsters Local 1932
Unit 2 - Teamsters Local 1932
Unit 3 - Barstow Police Officers’ Association
Unit 5 - Barstow Professional Firefighters Association
Unit 6 - Barstow Management Employees’ Association
Unit 8 - Barstow Police Department Management Association All Unrepresented Employees
5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GOV. CODE § 54956.8) Property Address: 0424-081-10-0000 (Item 1088); 0424-081-29-0000 (Item 1089); 0424-081-43- 0000 (Item 1090); 0424-081-79-0000 (Item 1091); and 0424-081-90-0000 (Item 1092) Agency Negotiator: Rochelle Clayton
Negotiating Parties: Pacific Holt Corporation
Under Negotiation: Price and Term of payment
6. CONFERENCE WITH LEGAL COUNSEL; ANTICIPATED LITIGATION 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. Number of Potential Cases: 1 Agenda-June 17, 2025
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: MAYOR’S CHOICE
PLEDGE OF ALLEGIANCE: MAYOR’S CHOICE
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 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:
7. CERTIFICATE OF APPRECIATION FOR FORMER MISS BARSTOW 2024 Recommended Action:
Presentation only.
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.
MAYOR TO ASK THE CITY CLERK IF THERE ARE ANY SPEAKERS FOR NON-AGENDA PUBLIC COMMENTS.
Agenda-June 17, 2025
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.
MAYOR TO ASK THE CITY CLERK IF THERE ARE ANY SPEAKERS FOR THE CONSENT CALENDAR ITEMS.
MINUTES ALL AGENCIES:
8. MINUTES OF THE JOINT SPECIAL MEETING - MAY 6, 2025 AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
9. MINUTES OF THE WORKSHOP - MAY 14, 2025 AT 5:30 P.M.
Recommended Action:
Approve minutes as presented.
ACCOUNTS PAYABLE ALL AGENCIES: NONE
CITY COUNCIL:
10. SECOND READING OF AN ORDINANCE OF THE CITY OF BARSTOW ADOPTING OF FIRE
HAZARD SEVERITY ZONES IN THE LOCAL RESPONSIBILITY AREAS Recommended Action:
That the City Council approve the first reading of Ordinance No. 1031-2025 regarding adoption of a fire hazard severity zones in Local Responsibility Area.
11. RESOLUTION NO. _____-2025 TO INITIATE PROCEEDINGS TO REAFFIRM THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS AND ORDERING THE CITY ENGINEER TO PREPARE AN ENGINEER’S REPORT FOR LANDSCAPING ASSESSMENT DISTRICT #1, STREET MAINTENANCE ASSESSMENT DISTRICT #1, STREET LIGHTING ASSESSMENT DISTRICT #1, AND FLOOD CONTROL ASSESSMENT DISTRICT #1
Recommended Action:
Staff recommends that the City Council:
1. Approve Resolution No. _____-2025 and Initiate proceedings to reaffirm the levy and collection of annual property tax roll assessments for Fiscal Year 2025/2026 and;
2. Order the Consulting City Engineer to prepare an Engineer’s Report for Landscaping Assessment District #1, Street Maintenance Assessment District #1, Street Lighting Assessment District #1, and Flood Control Assessment District #1.
3. Set the date, time, and location of the public hearing for the reaffirmation of the annual property tax roll assessments for Tuesday, July 15, 2025, at 7:00 p.m. at 220 E. Mountain View St., Barstow, CA 92311.
4. Direct the City Clerk to publish a Notice of Public Hearing in a local newspaper of general circulation 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).
BUSINESS / ACTION ITEMS:
Agenda-June 17, 2025
12. THE UNITED STATES VETERANS SUPPORT GROUP INC., A NONPROFIT ORGANIZATION,
HAS SUBMITTED A COMMUNITY PROMOTIONAL FUND (MEASURE Q) APPLICATION
REQUESTING IN-KIND FINANCIAL ASSISTANCE FROM THE CITY IN THE AMOUNT OF $400 TO HELP OFFSET FACILITY COSTS ASSOCIATED WITH HOSTING ITS ANNUAL KIDS FUN DAY EVENT ON SATURDAY, JULY 19, 2025, AT DANA PARK.
Recommended Action:
Staff recommends that the City Council approve an in-kind donation valued at $400 to The United States Veterans Support Group Inc., a nonprofit organization, to assist with facility use fees for the Annual Kids Fun Day Event scheduled for Saturday, July 19, 2025, at Dana Park.
13. HD FAMILY EVENTS HAS SUBMITTED A COMMUNITY PROMOTIONAL FUND
APPLICATION (MEASURE Q) REQUESTING IN-KIND FINANCIAL ASSISTANCE IN THE AMOUNT OF $350.10 TO HELP OFFSET PERMITTING AND WATER USE COSTS
ASSOCIATED WITH HOSTING ITS SUMMER MARKETS IN BARSTOW, SCHEDULED FOR SUNDAY, JULY 6, 2025, AND SUNDAY, AUGUST 10, 2025, AT FOGLESONG PARK. WHILE HD FAMILY EVENTS IS NOT CURRENTLY RECOGNIZED AS A 501(C)(3) NONPROFIT
ORGANIZATION, THEY HAVE SUBMITTED AN APPLICATION TO THE IRS AND ARE AWAITING FORMAL APPROVAL. THE EVENT IS INTENDED TO PROVIDE A COMMUNITY BENEFIT BY SUPPORTING LOCAL VENDORS AND OFFERING A FREE, FAMILYFRIENDLY PUBLIC GATHERING.
Recommended Action:
That the City Council approve an in-kind donation valued at $350.10 to the HD Family Events to assist with Temporary Use Permit and water fees for the Summer Markets in Barstow Event on Sunday, July 6, 2025, and Sunday, August 10, 2025 at Foglesong Park.
14. ADOPT RESOLUTION XX-2025 TO REPEAL AND REPLACE RESOLUTION NO. 5010-2020
REGARDING VEHICLE MILES TRAVELED THRESHOLDS OF SIGNIFICANCE FOR
ANALYZING TRANSPORTATION IMPACTS UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT TO CORRECT CLERICAL ERROR
Recommended Action:
Adopt a Resolution No XX-2025 to repeal and replace Resolution No. 5010-2020 to correct a clerical error in the Vehicle Miles Traveled (VMT) threshold language to determine the significance of a project’s environmental effects, consistent with adopted County thresholds and intent of the Resolution No. 5010-2020.
15. CONSIDERATION OF APPROVAL OF THE FISCAL YEAR 2025/2026 PROPOSED
OPERATING AND CAPITAL IMPROVEMENT BUDGET, APPROPRIATIONS LIMIT,
INVESTMENT POLICY, AND THE PUBLICLY AVAILABLE PAY SCHEDULE FOR BUDGETED
POSITIONS AND NEWLY ADDED POSITIONS
Recommended Action:
That the City Council and Barstow Fire Protection District Board take the following actions:
1. That City Council approve the Fiscal Year 2025/2026 Proposed Operating and Capital Improvement Budget for the City in the amount of $68,156,966 and adopt the attached Joint Resolution No. XXXX-2025 (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 $6,538,500 and adopt the attached Joint Resolution No. XXXX-2025 (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.
3. Approve the annual 2025/2026 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, and adopt City of Barstow Resolution No. XXXX-2025, and BFPD Resolution No. XXXX-2025, establishing the appropriations limit for Fiscal Year 2025/2026, by title only and waive the reading.
Agenda-June 17, 2025
4. That the City Council adopt Resolution No. XXXX-2025 approving the publicly available pay schedule (PAPS) (Attachment C)
5. That the City Council Adopt the Investment Policy and Resolution No. XXXX-2025 of the City of Barstow for FY 2025/2026.
6. Provide direction to staff for the use of Measure Q Fund Balance for one-time safety related expenditures.
PUBLIC HEARINGS:
16. FIRST READING AND INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 9.74, AND AMENDING SECTIONS 19.14.030, 19.16.020, AND 19.16.030 OF THE BARSTOW
MUNICIPAL CODE REGARDING SMOKE SHOPS AND TOBACCO STORES Recommended Action:
That the City Council continue the public hearing to July 15, 2025, and on July 15, 2025, to consider the introduction of Ordinance No. XXXX-2025 limiting the proliferation of Smoke Shops and Tobacco Stores with the City of Barstow and amending the Barstow Municipal Code to add a new chapter 9.74 and update sections 19.14.030, 19.16.020, and 19.16.030 of the Zoning Ordinance of the City of Barstow.
17. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA, AMENDING AND ESTABLISHING SPECIFIED FEES FOR CITY SERVICES (FY 2025/2026) Recommended Action:
That City Council adopt Resolution No. XXXX-2025 amending and establishing the Master Fee Schedule for Fiscal Year 2025/2026, and waive the full reading.
18. REVIEW THE CITY’S MILITARY EQUIPMENT ANNUAL REPORT AND ADOPT RESOLUTION NO. XXXX-2025 TO RENEW ORDINANCE NO. 989-2022, APPROVING THE CITY’S MILITARY
EQUIPMENT POLICY, AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 7070. THE BARSTOW POLICE DEPARTMENT IS COMMITTED TO TRANSPARENCY,
PUBLIC TRUST, COMMUNITY PARTNERSHIPS, AND COMPLIANCE WITH LEGAL REQUIREMENTS.
Recommended Action:
That the City Council approve the 2024 Military Equipment Annual Report and adopt Resolution No.XXXX-2025 renewing Ordinance No. 989-2022, which approved the Department’s military equipment funding, acquisition, and use policy pursuant to Assembly Bill 481. The renewal of the proposed ordinance is exempt from review under the California Environmental Quality Act (“CEQA”), per CEQA Guidelines Section 15378(b)(2,5).
19. PUBLIC HEARING – CONSIDERATION OF DEVELOPMENT AGREEMENT TERMINATION FOR COMMERCIAL CANNABIS BUSINESS OPERATOR ZENGROW, INC.
Recommended Action:
That the City Council adopt the resolution terminating the development agreement with Zengrow (Attachment 4)) and direct staff to take further steps to consummate the development agreement termination. If the development agreement is terminated, the City plans to assess its options for how to best use the property.
PUBLIC SAFETY UPDATES:
COUNCIL COMMITTEE REPORTS:
BUSINESS OF THE COUNCIL:
STAFF REPORTS:
CITY MANAGER COMMENTS: PRESENTATION
ADJOURNMENT:
Agenda-June 17, 2025
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 13TH day of June, 2025.
Approved:
________________________
Rochelle Clayton, City Manager