joint special meeting - granicus

BARSTOW CITY COUNCIL / BARSTOW FIRE PROTECTION DISTRICT CITY COUNCIL CHAMBERS 220 EAST MOUNTAIN VIEW STREET BARSTOW, CA 92311

NOVEMBER 18, 2019 7:00 PM

(HANDICAPPED ACCESSIBLE)

MINUTES

JOINT SPECIAL MEETING

Minutes-November 18, 2019

of 18

INVOCATION:

PASTOR ABEL RODRIGUEZ from Victory Outreach Church gave the invocation.

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 “REQUEST TO SPEAK” FORM AND HAND TO THE CITY CLERK. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

CALL TO ORDER:

MAYOR HACKBARTH-MCINTYRE called the meeting to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE:

ZACHARIAH ORTIZ, a 6th grade student from Skyline North Elementary School led the Pledge.

ROLL CALL:

ALL PRESENT.

Attendee Name Title Status Arrived

James M. Noble Council Member/Director Present

Richard Harpole Council Member/Director Present

Carmen Hernandez Mayor Pro Tem/Vice Chair Present

Timothy Silva Council Member/Director Present

Julie Hackbarth-McIntyre Mayor/Chair Present

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.


of 18

PRESENTATIONS:

1. CERTIFICATE OF APPRECIATION FOR PLEDGE LEADER Recommended Action: Presentation item.

MAYOR HACKBARTH-MCINTYRE AND CITY COUNCIL MEMBERS presented a Certificate of Appreciation to Zachariah Ortiz, a 6th grade student at Skyline North Elementary, for leading the Pledge of Allegiance.

RESULT: PRESENTATION ONLY

2. PRESENTATION TO THE BARSTOW SUBSTANCE ABUSE-FREE ENVIRONMENT YOUTH COALITION FOR THEIR PARTICIPATION IN THE "SMOKE FREE PARKS" CAMPAIGN Recommended Action: Present certificates to members of the SAFE Youth Coalition's "Smoke Free Parks" campaign.

BARSTOW SAFE COALITION MEMBERS gave a PowerPoint presentation on the organization’s

“Smoke Free Parks” campaign.

- Shared the death rate from tobacco and vaping, and the effects of second-hand smoke.

- Gave a brief description of third-hand smoke and what it was.

- Mentioned that the group began tobacco waste clean-up in Barstow parks in June 2018.

- Discussed the benefits of creating smoke-free outdoor areas.

- Stated that more than 260 California cities and counties had implemented a smoke-free park

ordinance.

- Said the group had conducted a survey and had an outpour of community support for such an

ordinance.

- Asked the City Attorney to draft an ordinance for smoke and tobacco free parks in Barstow.

COUNCILMEMBER HARPOLE

- Commended them for their efforts.

BARSTOW SAFE COALITION CHAIRMAN ROBIN LARD

- Spoke briefly about what kids could be doing and what the Coalition was doing.

- Felt Barstow needed an ordinance to support the smoke-free parks.

- Presented post cards to Mayor Hackbarth-McIntyre from citizens who supported smoke-free

parks.

ISAAC PADILLA – BARSTOW, CA

- Spoke on behalf of Relay for Life.

- Presented 154 signed support cards for smoke-free parks to Council Member Silva from his

district.

- Asked Council Member Silva to direct the City Attorney to pursue an ordinance for smoke-free

parks.

BILLIE BRAUN – BARSTOW, CA

- Stated she represented a concerned citizen and Relay for Life.

- Presented 105 support cards for smoke-free parks to Council Member Noble from his district.

- Asked that the City Council to direct the City Attorney to draft an ordinance and make Barstow

parks smoke-free and tobacco-free.

SARAH OLSEN-ANDREWS – BARSTOW, CA

- Represented Relay for Life of Barstow, noting she was the new lead for 2020.


of 18

- Presented fifty-four signed support cards for smoke-free parks to Council Member Harpole from

his district.

ADELLE HARRIS – BARSTOW, CA

- Stated she was a concerned resident.

- Presented Mayor Pro Tem Hernandez with 221 signed post cards for smoke-free parks from her

district.

COUNCIL MEMBER HARPOLE

- Asked that this matter be addressed by the Rules and Policies Committee.

MAYOR JULIE HACKBARTH-MCINTYRE AND CITY COUNCIL MEMBERS presented

certificates of appreciation to the Barstow SAFE Coalition members.


PUBLIC HEARING:

NONE

REPORT OF CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (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 local agency in litigation. Brown vs. City of Barstow Case No. CIVDS 1714748 CITY ATTORNEY TERESA HIGHSMITH reported the following during the Regular City Council meeting held at 7:00 p.m.: ITEM NO. 1: The City Council met in Closed Session regarding existing litigation in the matter of Brown vs. City of Barstow. Direction was provided to the City Attorney. No reportable action was taken.

PUBLIC COMMENT:

SPEAKERS

MS. DE LA CRUZ AND THE SKYLINE DRAMA CLUB - BARSTOW, CA

- Spoke about their upcoming event called “Seussical Jr.” and gave a brief description of the event.

- Invited the City Council Members to attend their musical on December 11, 2019 at 6:00 p.m.

EUGENE BUTTICCI - BARSTOW, CA

- Stated he represented the Barstow Area Chamber of Commerce.

- Mentioned the ribbon cutting ceremony for Jack in the Box located in the Walmart Shopping Center

at 3:00 p.m. on November 22, 2019.

- Noted their upcoming Annual Barstow Community Recognition Awards in January 2020, stating they

were accepting nominations.

- Stated that in the February/March 2020 timeframe, they were holding a Leadership Barstow

program.

- Gave a brief description of the program.

ALF - BARSTOW, CA

- Spoke about the Homeward Bound Committee meeting.


of 18

- Stated they obtained mobile showers which were located at the Barstow Church of God in Christ.

- Mentioned they were looking for City and community support.

- Said they were trying not just to give a hand out, but a hand up.

- Stated that on Wednesday there would be a medical clinic through New Life Church.

- Noted it was going to take a massive effort to get this done.

BENNIE FEDRICK - BARSTOW, CA

- Thanked the Barstow Fire and Police Departments for rolling out the red carpet for the Boys to Men

program participants, noting they had changed lives.

- Thanked City Manager Salas for coming out to the event.

- Spoke about Council Member Rich Harpole leaving soon, stating he would be a great loss.

- Spoke about the American Quartz development in Lenwood, stating he was proud of this, but was

not proud of the downtown area.

- Asked City Manager Nikki Salas to install lights in the downtown area as well as painting the curbs.

- Asked what the consequences were if they brought their own paint and painted the curbs.

FRANK DILLARD - BARSTOW, CA

- Talked about the First Street Bridge, stating the sidewalk was a hazard and noting there were not

any guardrails.

- Felt it was an accident waiting to happen.

- Felt a temporary walkway to the Harvey House would be helpful for the handicapped to get to

events that were held there.

BARBARA ROSE - BARSTOW, CA

- Stated she was deeply rooted in the community.

- Mentioned she had served as a BUSD Board of Trustee Member for several years, noting she was

currently serving as their President.

- Stated that during her tenure, the District has had many successes, noting accomplishments.

- Said she took pride in being a part of a highly effective and dedicated team.

- Stated her passion for Barstow had not waivered and she had decided to channel her expertise to

build a stronger community.

- Announced her decision to run for City Council for District 3 to fill the soon-to-be vacant seat.

- Assured the Council and the community that if she were allowed to represent District 3, she would

continue to be an effective leader and a team player.

- Stated if elected, she would always put the needs of the community first.

- Felt confident she would be the best candidate to represent District 3.

JIMMY BROWN - BARSTOW, CA

- Mentioned he attended the Resident Oversight Commission meeting.

- Said he heard the City hired an Economic Development Administrator and the money came from

Measure Q, noting he was not aware this position was in that budget.

- Stated he found out the Economic Development Administer was an entry level position.

- Shared his concerns about the qualifications of this person due to her age.

- Asked why the position was in the Measure Q budget and not in the regular budget.

DAVID MENDEZ - BARSTOW, CA

- Recognized Council Member Harpole, stating he would be greatly missed because of his candor

from the dais.

- Said he was glad that Barbara Rose was putting her name in the hat for City Council.

- Stated he did not want to lose continuity and endorsed not leaving the Council seat vacant until the

next election.


of 18

CHRISTOPHER PORTER - REPRESENTATIVE FOR CONGRESSMAN PAUL COOK

- Presented Council Member Harpole a Congressional plaque in honor of his service on behalf of

Congressman Paul Cook.

JOHN WYMORE – PRESIDENT, BARSTOW PROFESSIONAL FIRE FIGHTERS ASSOCIATION

- Wished Council Member Harpole well and thanked him for his work on the passage of Measure Q.

MIKE HERNANDEZ - BARSTOW, CA

- Addressed Council Member Harpole regarding Section 7 and his prediction that Section 7 would not

be finished by the time he left office.

- Spoke about a new employee with the last name of Hernandez and wanted it on record that he had

no new family members employed by the City.

- Stated he attended the Measure Q meeting.

- Said he had a problem with salaries being paid out of Measure Q funds and felt that salaries should

be paid out of the General Fund.

- Felt funds from Measure Q and the General Fund should be kept separate.

- Said it was never stated preexisting positions would be funded out of Measure Q, but new positions.

- Spoke about the bed tax and how it was used to fund the General Fund.

REVIEW AND APPROVAL OF AGENDA:

RESULT: APPROVED [UNANIMOUS]

MOVER: Timothy Silva, Council Member

SECONDER: Richard Harpole, Council Member

AYES: Noble, Harpole, Hernandez, Silva, Hackbarth-McIntyre

STAFF REPORTS:

3. STAFF REPORT - FREE DUMP DAY UPDATE Recommended Action: Information only.

ENVIRONMENTAL SERVICES MANAGER BELINDA BARBOUR gave the staff report. - Provided details on tonnage of trash hauled.

MAYOR PRO TEM HERNANDEZ - Stated that she wanted to make sure everyone knew that Free Dump Day was not free. SPEAKERS MIKE HERNANDEZ - BARSTOW, CA - Asked from what account was Dump Day being funded by?


4. PRESENTATION ON ELECTIONS AND CAMPAIGNING Recommended Action: Presentation only.

CITY ATTORNEY TERESA HIGHSMITH gave a presentation on elections and campaigning. - Stated that you could announce when you are running for an office at any time. - Said you do not have to pull papers beforehand to announce that you are running for an office.

- Discussed campaign funding and spending limits and guidelines.


of 18

- Stated that campaign signs are regulated in Barstow by the local ordinance, and putting signs on public property was prohibited. - Noted that political signs posted on private property may be posted three months prior to the election and must be taken down ten days after. COUNCIL MEMBER SILVA - Spoke about public property and asked if it included state and federal property. CITY ATTORNEY HIGHSMITH - Stated that signs may be posted on state or federal property, but there are restrictions. - Spoke about Barstow’s temporary sign ordinance. COUNCIL MEMBER SILVA - Noted that you have to call Dig Alert. - Spoke about posting it on the FPPC’s website. COUNCIL MEMBER HARPOLE - Asked when the Statement of Intent should be filed. CITY ATTORNEY HIGHSMITH - Addressed Council Member Harpole’s comments, stating that a Statement of Intent would have to be filed and if spending reached $2,000, there were additional forms that would need to be filled out. SPEAKERS MIKE HERNANDEZ - BARSTOW, CA - Stated that he was confused, noting that the two times he ran (for an office), he was told that he could not put up signs until after he obtained 20 signatures. CITY ATTORNEY HIGHSMITH - Responded to Mike Hernandez’s question, stating that they could not put up signs until 90 days

before the election.


POLICE CHIEF COMMENTS:

POLICE CHIEF RAMIREZ - Wished everyone a Happy Thanksgiving. - Thanked Council Member Harpole for everything he had done for the City, giving a brief description of his history with the Barstow Police Dept. - Stated that he had learned a lot from him in the 17 years of working together. - Wished him luck in his new endeavors.

FIRE CHIEF COMMENTS:

FIRE CHIEF WILLIAMS - Stated that she was back (to work) from her injury. - Thanked everyone who reached out to her during her time of injury and to those who kept the Fire District running. - Stated that she was officially “back in the saddle” and eager to continue the Fire Department’s progression and striving for excellence. - Thanked Council Member Harpole on behalf of the Fire District and herself for a job well done. - Stated that he helped get the Fire District where it was today and had been a confidant and source for information.


of 18

- Wished him the best of luck.

BUSINESS OF THE COUNCIL / BFPD:

COUNCIL MEMBER SILVA - Asked staff about a conversation at a Street Committee meeting involving reduced costs and maintenance by switching to signs instead of painting curbs, and if staff could provide information on the practice or policy. - Stated that the presentation for the “Smoke-Free Parks” campaign given by the Youth Coalition was excellent. - Stated he would like the Rules and Policy Committee to address the “Smoke-Free Parks” ordinance and work on drafting something to bring to the City Council. - Wished everyone a happy and safe Thanksgiving. COUNCIL MEMBER HARPOLE - Stated that he was blown away on how well the children made their presentations. - Congratulated the children and the adults who were helping them achieve their goals. - Stated that Measure Q was General Fund dollars, not a special tax. - Said this meant that General Fund dollars could be used for any General Fund purpose. - Stated that the Council had made it known that their main priority was public safety and that Measure Q would bring in more money than both the Fire District and Police Department could spend, noting that those additional dollars could be used for other government services. - Stated that although some Measure Q money could be used for something that was not anticipated, it did not mean it was an improper expenditure. - Addressed the Fire and Police Chiefs about a meeting that they had with the previous City Manager involving the need for tactical paramedic response. - Informed the public that during an active shooting, many people that may have sustained injuries die of blood loss because no one could get to them in time. - Stated that he believed something needed to be done in order to get this tactical paramedic response capability so that there was a properly trained and equipped paramedic squad following behind the officers who were in pursuit of an active shooter. - Said that there were no funds when this issue was first presented and that he wanted to raise the issue again and bring it to everyone’s attention. - Stated that the Police and Fire Departments were doing a great job when practicing active shooter procedures, but he would like to take it to the next step. - Asked the City Manager to take the information from the cards that the Safe Coalition gave them and place it in a spreadsheet with names, addresses, and districts so that the Council could see everyone who showed interest and thought that it was an important issue. - Explained that he had announced that he would not run for reelection and that he would be leaving his position early. - Stated that he regrets doing so, expressing his deep remorse that he was leaving early. - Stated that serving on the Council was very important to him and when your fellow citizens elect you to represent them and advance their issues, it was humbling. - Stated that he loved Barstow, but he loved his grandchildren more. - Explained that his wife had retired and that they were moving closer to his daughter, noting he would be leaving within the next few weeks. - Said that he had lived in Barstow for over 30 years and that you cannot live in Barstow and not fall in love with the place. - Explained how lucky he and his wife have been and how they have met wonderful people throughout the years. - Thanked the Council, stating he was proud of the relationship he and his fellow Council Members have shared. - Addressed Mayor Pro Tem Hernandez, explaining that they were polar opposites, but he had come to value their relationship and he would never change that. - Shared that he was grateful for many things. - Commended the City Manager on the changes she had made.


of 18

- Stated that he believed Barstow was growing and would do great things. - Gave a brief history on his and his wife’s life together, thanking her for everything she had done for him. - Stated that this was his last Council meeting, but his resignation would not be final until December 3, 2019, at 12:00 p.m. Stated that he picked that date for personal reasons because he took office on December 2, 2012. - Thanked everyone. MAYOR PRO TEM HERNANDEZ - Stated that she appreciated the mutual respect between Council Member Harpole and herself because they were “so far apart yet so close” in what they wanted for the community. - Stated that she had never seen so much team work within a Council and that this Council only looks at the best interest for Barstow. - Wished Council Member Harpole the best in being a grandparent and wished him and his wife the best, noting that Barstow would be always here for them. COUNCIL MEMBER NOBLE - Thanked Council Member Harpole for everything he had done for the City and for his service. - Stated he had learned a lot from him and had loved working with him. - Said that the children who made presentations were amazing kids and that they were the future. - Stated that he believed Barstow had children that were ready to move forward when their time came to “step up to the plate”. - Stated that he was looking forward to attending Skyline’s performance and the policy on no smoking in the parks. MAYOR HACKBARTH-MCINTYRE - Gave a brief history on how she met Council Member Harpole and his family, noting that she knew that once his daughter moved, it would not be long until he moved as well. - Stated that all of the good and work that they had done as a Council was not overlooked and that his oath and commitment to the City was greatly appreciated. - Stated that when she visits him, she would bring Del Taco. COUNCIL MEMBER SILVA (OUT OF ORDER) - Stated it was obvious by the comments and staff that Council Member Harpole was going to announce his resignation, but that he was not allowed to discuss it before. - Thanked Council Member Harpole for his service to the City. - Stated that he was the first member he sat next to who shared similar views, and yet they could still disagree occasionally, proving that they were there for the best interest of Barstow. - Congratulated him on his new journey. MAYOR HACKBARTH-MCINTYRE - Thanked the Chamber of Commerce on a terrific Troops and Trains event. - Stated that there were over 300 people in attendance for the Navajo Code Talkers, Troops and Trains, and the Barstow College Foundation. - Stated that the Troops and Trains event was the forefront for the College Foundation and their board members for an endowment that they were working on for the Code Talkers for scholarships. - Informed the public that if anyone would like to help, they should contact the Barstow College Foundation.

CITY MANAGER / DISTRICT ADMINISTRATOR COMMENTS:

CITY MANAGER SALAS - Thanked Council Member Harpole, noting her appreciation for his leadership and what he had shown her since her first interview. - Addressed Mike Hernandez on his Measure Q comments, noting past meetings where there was discussion, including when the community spoke about the need to improve economic development.


of 18

- Stated that even without the positions, the City was seeing a 3% increase in business licenses and anticipated a 7% growth within the year. - Explained that the City did an open recruitment and selected the best applicant for the position of Economic Development Administrator. - Stated that Amanda Hernandez came with a great background. - Said Ms. Hernandez would be providing quarterly updates to the City Council. - Stated that there was a ground breaking for DKNY last week, and the American Quartz ground breaking was last Friday, November 15, 2019, noting it was a great event. - Informed the public that the Jack In the Box would be opening at 3:00 p.m. on Friday, November 22, 2019. - Stated that Anthony Riley was working with the Mojave Valley River Valley Museum on biographies for past Council Members and was working with staff and the Museum to obtain biographical information.

CONSENT CALENDAR ITEMS:

DEPUTY CITY CLERK TANYA GORDON READ THE FOLLOWING:

BFPD:

5. MINUTES JOINT SPECIAL COUNCIL/BFPD - NOVEMBER 4, 2019 7:00 PM Recommended Action: Approve the minutes as presented.


MOVER: Richard Harpole, Council Member

SECONDER: James M. Noble, Council Member


6. BARSTOW FIRE DISTRICT - RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES Recommended Action: Approve and ratify expenses as audited for checks # 78530 - 78653 and wire 644 totaling $78,181.28.





CITY COUNCIL:

7. MINUTES CLOSED SESSION - NOVEMBER 4, 2019 6:30 P.M. Recommended Action: Approve minutes as presented.


MOVER: Carmen Hernandez, Mayor Pro Tem



8. MINUTES JOINT SPECIAL COUNCIL/BFPD - NOVEMBER 4, 2019 7:00 PM Recommended Action:


of 18

Approve the minutes as presented.





9. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES Recommended Action: Approve and ratify expenses, as audited, for checks # 78407 - 78654 and wires 642 - 646 totaling $1,030,364.73.





10. SECOND READING AND ADOPTION OF ORDINANCE NO. 963-2019 OF THE CITY OF BARSTOW REVISING CHAPTER 2.26.020 (“TERM OF OFFICE”) OF TITLE 2 (“ADMINISTRATION AND PERSONNEL”) TO CLARIFY TERM LENGTHS FOR RESIDENT OVERSIGHT COMMISSIONERS Recommended Action: Adopt Ordinance No. 963-2019, adopting a new Chapter 2.26 (“Resident Oversight Commission”) of Title 2 (“Administration and Personnel”) to establish a Resident Oversight Commission to review and report on Expenditures of the 1% Local Transactions and Use Tax, by title only and waive the full reading.





11. CONSIDERATION TO CANCEL THE CITY COUNCIL MEETING SCHEDULED FOR JANUARY 6, 2020 Recommended Action:

Cancel the January 6, 2020, City Council meeting.





12. CONSIDERATION TO MOVE THE CITY COUNCIL MEETING SCHEDULED FOR JANUARY 20, 2020, TO JANUARY 21, 2020 Recommended Action: Move the January 20, 2020, City Council meeting to January 21, 2020, at its regularly scheduled

time and place.


of 18





13. CONSIDERATION TO MOVE THE CITY COUNCIL MEETING SCHEDULED FOR FEBRUARY 17, 2020, TO FEBRUARY 18, 2020 Recommended Action: Move the February 17, 2020, City Council meeting to February 18, 2020, at its regularly

scheduled time and place.





14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW IN SUPPORT OF THE 2020 U.S. CENSUS Recommended Action: Adopt Resolution 4979-2019 to support the 2020 U.S. Census by title only and waive the full reading.





15. A RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE DOCUMENTS FOR FIRST AVE BRIDGE FUNDING OVER BNSF Recommended Action: Staff recommends the City Council adopt Resolution No. 4980-2019 authorizing the City Manager to execute and submit all documents which may be necessary as part of the California Department of Transportation funding process, and waive the full reading.





BUSINESS ACTION ITEMS:

BFPD:

16. ORDINANCE NO. 29-19 ADOPTION OF AND AMENDMENT TO THE 2019 CALIFORNIA FIRE CODE / AMENDMENT TO BARSTOW FIRE PROTECTION DISTRICT STANDARDS Recommended Action: 1. Introduce Ordinance 29-19 with proposed local amendments and standards, and waive the full reading. 2. Direct staff to bring Ordinance 29-19 with proposed local amendments and standards back for


of 18

the second reading and adoption at the regularly scheduled Fire Board meeting on December 2, 2019.

BUILDING OFFICIAL/FIRE MARSHALL CHRIS HELDRETH gave the staff report. - Discussed State laws and the reasoning for increased fire lane access for buildings four stories

or more. - Stated that this was to provide adequate access to the Fire Department in the event of an emergency.

MAYOR PRO TEM HERNANDEZ - Stated that she did not know that you could not put a barbeque on balconies.

BUILDING OFFICIAL/FIRE MARSHALL CHRIS HELDRETH - Discussed the dangers of barbeques on the patios of multi-family dwellings. - Stated that the current Fire Code restricts access. - Said that the Building Inspectors are making their way around to multi-family complexes for fire inspections. FIRE CHIEF WILLIAMS - Noted that there was a carbon monoxide issue in addition to the public safety issue.

MAYOR PRO TEM HERNANDEZ - Thanked Mr. Heldreth.





CITY COUNCIL:

17. ORDINANCE NO. 964-2019 ADOPTION OF AND AMENDMENTS TO THE 2019 CALIFORNIA BUILDING CODE Recommended Action: 1. Introduce Ordinance No. 964-2019, an ordinance amending Chapter 15.08 (Building Safety

Codes) and waive the full reading. 2. Authorize the City Clerk to schedule the second reading of Ordinance No. 964-2019 for the following City Council meeting on December 2, 2019.

BUILDING OFFICIAL/FIRE MARSHALL CHRIS HELDRETH gave the staff report. - Stated the most significant change on the current ordinance was an added section regarding retaining walls. - Stated that permits would not be issued for a three foot wall and all retaining walls must have a permit. SPEAKERS MIKE HERNANDEZ - BARSTOW, CA - Spoke about properties that are backing up to City property. - Stated that there should be a way for someone to protect their property and follow the law. BUILDING OFFICIAL/FIRE MARSHALL CHRIS HELDRETH - Said that anyone who wanted to build a wall and go above the six foot limitation may obtain a waiver from the Planning Department.


of 18


MOVER: Timothy Silva, Council Member



18. APPROVAL OF THE STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS FOR THE PURCHASE OF REAL ESTATE, FOR THE SALE OF REAL PROPERTY (APNS: 0421-133-32/33/35) TO ROBERT E. KRAMER AND ALEXANDER D. BORDBAR Recommended Action: Staff recommends that the City Council approve the Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate, for the sale of APNs: 0421-133-32/33/35 to Robert E. Kramer and Alexander D. Bordbar.

COUNCILMEMBER SILVA RECUSED HIMSELF FROM ITEM NO. 18. CITY MANAGER NIKKI SALAS provided the staff report. - Discussed the sale conditions in place for the property. - Stated there was interest in moving forward on the development of the eight homes that were there. - Recommended that the City Council approve the sale and purchase. SPEAKERS MIKE HERNANDEZ - BARSTOW, CA - Asked about the eighteen (18) month start date requirement. CITY MANAGER NIKKI SALAS - Responded that the requirement was to begin construction within eighteen (18) months after the close of escrow.

RESULT: APPROVED [4 TO 0]


SECONDER: Carmen Hernandez, Mayor Pro Tem

AYES: Noble, Harpole, Hernandez, Hackbarth-McIntyre

RECUSED: Silva

19. FIRST READING AND INTRODUCTION OF ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 13.12 ("DISCHARGE PROTECTIONS") OF THE BARSTOW MUNICIPAL CODE TO IMPLEMENT AND ENFORCE A PRETREATMENT PROGRAM FOR THE REGULATION OF WASTEWATER DISCHARGES TO THE BARSTOW WASTEWATER TREATMENT FACILITY Recommended Action: Staff recommends that the City Council introduce Ordinance No. 965 - 2019, amending in its entirety Chapter 13.12 of the Barstow Municipal Code to implement and enforce a pre-treatment program for the regulation of wastewater discharges to the Barstow Wastewater Treatment Facility, by title only and waive the full reading.

INDUSTRIAL PRETREATMENT SUPERINTENDENT TROY MINNICK provided the staff report. - Discussed the proposed changes to the ordinance.

COUNCIL MEMBER SILVA - Addressed some areas of concern in the proposed ordinance. - Asked about the cleaning of the grease traps and City employees being present.


of 18

INDUSTRIAL PRETREATMENT SUPERINTENDENT TROY MINNICK - Responded that the appropriate corrections would be made to the ordinance. - Responded that a City employee was always present at trap cleanings. - Stated that the City had exceeded 49 months without a sewer related issue. MAYOR PRO TEM HERNANDEZ - Thanked the Industrial Pretreatment Department for being proactive.



SECONDER: Richard Harpole, Council Member


CITY COUNCIL TOOK A SHORT BREAK AT 9:02 P.M. MEETING RECONVENED AT 9:09 P.M. WITH ALL MEMBERS PRESENT.

20. SAN BERNARDINO COUNTY 2020 POINT IN TIME COUNT Recommended Action: Information only.

ENVIRONMENTAL SERVICES ADMINISTRATOR BELINDA BARBOUR provided the staff report. - Stated that the "Point in Time Count" (PITC) to end chronic homelessness would be on January

23, 2020, from 6:00 a.m. to 10:00 a.m. - Noted that training would take place on January 13, 2020. - Stated that there was currently a call for volunteers, noting that volunteers were desperately needed. - Asked that anyone that was interested to contact Christina Rudsell at 760-255-5195. - Stated that volunteers are required to register. COUNCIL MEMBER SILVA - Asked about the characteristics for inclusion in the count, such as those persons that are at the

Dignity Station utilizing services would be counted. COUNCIL MEMBER NOBLE - Asked about the time for the training.

SPEAKERS MIKE HERNANDEZ - BARSTOW, CA - Asked about the people living under the overpass in Lenwood, asking if they were counted.

MAYOR JULIE HACKBARTH-MCINTYRE - Responded to Mr. Hernandez, stating that the County provided maps.


21. ALLOCATE MEASURE Q FUNDS TO PURCHASE NEW AND REPLACEMENT TECHNOLOGY AND SERVICES FOR POLICE AND FIRE Recommended Action: Authorize the purchase of the following from year (1) of Measure Q funds: 1. Mobile Data Computer (MDC) systems, radios, and in-dash cameras, for the patrol fleet to replace end of life, unserviceable equipment in the amount of $385,176.80, not to exceed $400,000.


of 18

2. New Fire Department iPads, vehicle mounts, modem, antenna, tablet command software for the fire apparatus’ in the amount of $72,261.30, not to exceed $75,000. 3. Automatic License Plate Readers (ALPRs) in the amount of $250,000. 4. Acquire unarmed jail prisoner transport services from G4S Secure Solutions in the amount of $125,000.

CITY MANAGER NIKKI SALAS provided the staff report. FIRE CHIEF JAMIE WILLIAMS - Provided information on the Measure Q allocation request for the Fire Department. - Stated that the Fire Department was asking for Incident Management and Response software.

- Stated some of the points of the system was that it was used throughout San Bernardino County and seeks and integrates mutual aid calls. - Stated that it would be integrated with the CAD system and would provide real time data, noting that all information provided by dispatch would also be in real time. COUNCIL MEMBER SILVA - Asked if there was a reoccurring cost. INFORMATION TECHNOLOGY SERVICES MANAGER TARA BECERRA - Provided information and a breakdown on the costs, noted the reoccurring costs for the system.

POLICE CHIEF RAMIREZ - Spoke about the automatic license plate readers.

- Discussed the functions and attributes of the system which collects photographs of the drivers and passengers and can determine if a vehicle was at a crime scene or not. - Stated that alerts would be sent out with all vehicle information.

- Spoke about unarmed jail prisoner transport services and addressed the time it took for officers to transport prisoners and individuals to Arrowhead Regional Hospital. - Spoke of the time savings for the Police Officers with the transport services unit, noting it would additionally reduce overtime and employee costs. COUNCIL MEMBER SILVA - Asked about the overtime.

- Asked about the $125,000 cost and the availability of the service. COUNCIL MEMBER HARPOLE - Asked about the shift and hours of the two transport officers.

- Discussed operational options in lieu of additional technology. POLICE CHIEF RAMIREZ - Responded that the Police Department would have two officers for 40 hours per week.

MAYOR PRO TEM HERNANDEZ - Stated that at one time, the Police Department depended on volunteers to assist with transport services.

COUNCILMEMBER NOBLE - Asked about our level of technology in comparison with other cities in our region.

INFORMATION TECHNOLOGY SERVICES MANAGER TARA BECERRA - Provided information on warranties and life span of equipment.

- Said life expectancy was five years, with the warranty being active in that time period. MAYOR HACKBARTH-MCINTYRE - Discussed the different aspects and benefits of each of the proposed components.


of 18

SPEAKERS MIKE HERNANDEZ - BARSTOW, CA - Stated that he thought cameras were approved through the annual budget.

- Asked who was responsible or liable if something happened to a prisoner when transported. - Asked about the life expectancy of the equipment that was being purchased and the costs to maintain it POLICE CHIEF RAMIREZ - Responded that license plate readers would be mounted on street lights and poles throughout

the City. - Stated that the company would be responsible for any injuries that occurred to a prisoner and would be bonded, noting that the City would always bear some liability.



SECONDER: Carmen Hernandez, Mayor Pro Tem


22. 1ST AMENDMENT TO EMPLOYMENT AGREEMENT FOR NIKKI SALAS AS CITY MANAGER Recommended Action: It was recommended that the City Council approve the 1st Amendment to Dr. Salas’ at-will Employment Agreement with the City of Barstow.

CITY ATTORNEY TERESA HIGHSMITH provided the staff report. - Stated this was the First Amendment to the Employment Agreement, extending the contract

from three years to five years. - Noted that this would give her maximum severance pay, which was 18 months, upon separation from the City. - Stated that the amendment also corrects on oversight in her original contract and ties her benefits to Unit 6. SPEAKERS BENNIE FEDRICK - BARSTOW, CA - Stated that prior to Mrs. Salas coming to Barstow, the City was in a financial crunch. - Said that City Attorney Highsmith provided that Mrs. Salas produced a balanced budget. - Asked if the budget was balanced off of the Measure Q funds. - Stated that when an organization hired someone, it would be common that a raise was not considered until a year of service had been performed.

- Stated that the City was spending too much money too fast over Measure Q. - Asked where all of this money was coming from. DR. PAUL COURTNEY - BARSTOW, CA - Stated that Ms. Salas was still on her honeymoon period, and everyone does well in that time period. - Said that he felt since Measure Q had passed that we are just spending, spending, spending. - Said the premise of Measure Q was savings. - Stated that it appeared that we were celebrating the windfall. - Said that it was interesting that this was the very last item being discussed tonight. - Asked when were the omitted benefit items overlooked and when did Dr. Salas notice this. MIKE HERNANDEZ - BARSTOW, CA - Stated that he basically felt the same as the other public speakers. - Questioned paying 18 months of salary if the City Manager left within five years.


of 18

- Asked what fund would be used to pay the extra cash. MAYOR JULIE HACKBARTH-MCINTYRE - Asked Ms. Salas if her salary was paid from the General Fund.

COUNCIL MEMBER HARPOLE - Stated he was on the negotiating committee.

- Said Ms. Salas had exceeded expectations. - Stated that he felt her level of salary was appropriate. - Said if this was not corrected now, there would be salary disapportionment. MAYOR PRO TEM HERNANDEZ - Noted that the prior City Manager was receiving the same benefits.



SECONDER: Timothy Silva, Council Member


DEFERRED ITEMS:

NONE

COUNCIL COMMITTEE REPORTS:

COUNCIL MEMBER SILVA - Stated that the Rules and Policies Committee would be meeting on November 25, 2019.

COUNCIL MEMBER HARPOLE - Stated that the Victor Valley Transit Authority (VVTA) met this morning and there were no actions

taken that pertained to Barstow. - Stated that ridership had increased by 14 percent across the entire system. MAYOR PRO TEM HERNANDEZ - Stated that the Street Committee would be dark in December 2019 and January 2020.

- Said there was a meeting on November 6, 2019. - Stated a topic that was discussed was the Yucca Bridge retrofit project. - Noticed that Caltrans was putting up signs. - Said the Mojave Desert Air Quality Management District Board meetings would be dark for November and December 2019. COUNCIL MEMBER NOBLE - Stated that last week he had attend the Military Affairs meeting in Barstow. - Said that on December 6, 2019, the Christmas on Route 66 Christmas Tree Lighting would be held.

- Provided that on December 12, 2019, the Cal Vet military walk beginning at the Harvey House would take place.

- Stated that the Senior Center was looking for volunteers to deliver dinners. MAYOR HACKBARTH-MCINTYRE - Provided a San Bernardino County Transportation Authority update, noting that $740,000 in rehabilitation funds for Rimrock Road would be coming up.

- Noted that the agreements to manage bridges would be coming in December.


of 18

ADJOURNMENT:

By consensus of the City Council, without objection, the meeting was adjourned at 10:06 P.M. Respectfully Submitted: Approved: _________________________ ________________________ Tanya F. Gordon Julie Hackbarth-McIntyre Deputy City Clerk Mayor/Chair

joint special meeting - granicus

Documents