BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JULY 15, 2025
5:30 PM
(HANDICAPPED ACCESSIBLE)
AGENDA
JOINT SPECIAL MEETING
Agenda-July 15, 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-July 15, 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 ; 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: 1
2. CONFERENCE WITH LABOR NEGOTIATORS
Recommended Action:
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
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):
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), Agenda-July 15, 2025
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: NONE
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.
PUBLIC HEARINGS:
3. 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 – CONTINUED FROM JUNE 17, 2025
Recommended Action:
That the City Council adopt Ordinance No. 1032-2025 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.
4. PUBLIC HEARING: LIEN PROTEST HEARING FOR DELINQUENT TRASH AND SEWER
ACCOUNTS
Recommended Action:
Staff recommends the City Council:
1. Conduct a protest hearing and subject to testimony received, adopt Resolution No. 5231- 2025 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.
5. PUBLIC HEARING: CONSIDERATION OF DEVELOPMENT AGREEMENT TERMINATION FOR COMMERCIAL CANNABIS BUSINESS OPERATOR ZENGROW, INC. – CONTINUED FROM JUNE 17, 2025
Recommended Action:
That the City Council adopt the Resolution No. 5232-2025 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.
6. PUBLIC HEARING: ANNUAL RENEWAL AND REAFFIRMATION OF ASSESSMENT DISTRICT #1 FOR FISCAL YEAR 2025/2026
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Adopt Resolution No. 5233-2025 (Attachment A), thereby approving the FY 2025/2026 Engineer’s Report - Street Lighting, Flood Control, Landscape & Street Maintenance Benefit Assessment Districts No. 1, and waive the full reading.
Agenda-July 15, 2025
2. Adopt Resolution No. 5234-2025 (Attachment B), declaring the City’s intention to reaffirm the levy and collection of annual assessment in Fiscal Year 2025/2026 via the property tax roll in connection with Street Lighting, Flood Control, Landscape & Street Maintenance Benefit Assessment Districts No. 1, and waive the full reading.
3. Approve the expenditure appropriations in the amount of $10,500 for FY 2025/2026 per the Engineer's Report, "Estimated Revenue and Expenditures", page 7.
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:
7. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, checks #99626-99928 totaling $5,964,562.32 and wires #1141-1156 totaling $576,607.10, per the Agency breakdown below:
City: $6,265,586.75
Fire: $275,582.67
Successor Agency: $0.00
Grand Total: $6,541,169.42
CITY COUNCIL:
8. SECOND READING AND ADOPTION OF ORDINANCE #1033-2025 OF THE CITY OF BARSTOW AMENDING SECTIONS 9.45.030 AND 9.45.060 TO REQUIRE TEMPORARY USE
PERMITS FOR EVENTS WHERE ALCOHOLIC BEVERAGES WILL BE SERVED AND
CONSUMED ON CITY PROPERTY OR FACILITIES FOR EVENT RENTAL AND USE Recommended Action:
That the City Council adopt Ordinance No. 1033-2025 amending sections 9.45.030 and 9.45.060 of the Municipal Code.
9. RESOLUTION TO ADOPT PROJECTS FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017, FOR FY 2025-2026 Recommended Action:
Staff recommends that the City Council approve Resolution No. 5235-2025, adopting the FY 2025-2026 projects list (Attachment A) funded by Senate Bill 1 (SB1) 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:
10. ADOPTION OF RESOLUTION NO. 5236-2025 - INTENTION TO DISESTABLISH PUBLIC IMPROVEMENT DISTRICT 83-1
Recommended Action:
Staff recommends the following actions:
Agenda-July 15, 2025
1. Discuss and adopt the attached Resolution No. 5236-2025 of Intention to Disestablish PID 83-1 (Exhibit A)
2. Direct staff to move forward with the disestablishment procedures and schedule a public hearing for the August 19, 2025, City Council meeting.
11. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH PLACEWORKS, INC.
FOR CONSULTANT SERVICES, IN THE AMOUNT OF $327,435, ASSOCIATED WITH THE
GENERAL PLAN UPDATE
Recommended Action:
1. Approval of the Professional Services Agreement Amendment with PlaceWorks (Attachment A) for the General Plan Update and associated tasks, in the amount of $327,435, of which $283,000 is reimbursable leaving a fiscal impact of $44,435 which is available in the adopted FY2025-26 budget; and
2. Approval of Resolution 5237-2025 (Attachment B), increasing offsetting revenues and expenditures in the amount of $283,000.
PUBLIC SAFETY UPDATES:
COUNCIL COMMITTEE REPORTS:
BUSINESS OF THE COUNCIL:
STAFF REPORTS:
CITY MANAGER COMMENTS: PRESENTATION
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, 2025.
Agenda-July 15, 2025
Approved:
________________________
Rochelle Clayton, City Manager