BARSTOW CITY COUNCIL
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
DECEMBER 20, 2021
7:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
REGULAR MEETING
Minutes-December 20, 2021
CALL TO ORDER - REGULAR MEETING 7:00 PM:
INVOCATION:
PASTOR BUSHAWN CARPENTER of TOTAL RESTORATION CHURCH led the invocation.
PLEDGE OF ALLEGIANCE:
MAYOR PRO TEM NOBLE led the pledge of allegiance.
ROLL CALL:
Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse Council Member Present
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Present
Timothy Silva Council Member Present
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 SPEAKER REQUEST CARD AND HAND 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.
Minutes-December 20, 2021
Motion by COUNCIL MEMBER SILVA, seconded by COUNCIL MEMBER DYER KRUSE, and unanimously passed, to approve the agenda pulling Item 5 for discussion and continuing Item 11 to a future meeting in order to be provided with additional back-up documentation.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
PRESENTATIONS:
1. RECOGNITION OF 2021 HARVEY HOUSE CHRISTMAS PERFORMERS Recommended Action:
Presentation only.
PARKS AND RECREATION SUPERINTENDENT KYLE WOOLEY and BARSTOW CHAMBER
EXECUTIVE DIRECTOR EUGENE BUTTICCI
- Presented certificates of appreciation to the various musical acts and performers who contributed to the success of the recent Harvey House Christmas event held on December 3, 2021.
RESULT: PRESENTATION ONLY
2. TREASURER'S REPORT - OCTOBER 2021
Recommended Action:
Presentation only.
CITY TREASURER MICHAEL LEWIS
- Presented the October 2021 Treasurer's Report of Cash and Investments. - Stated that the ending book value was $9.4 million, which included the Union Bank account balance, Local Agency Investment Fund and Petty Cash balances.
SPEAKERS
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Asked what percentage of Measure Q funds were secured in investments. - Stated that citizens voted on a specific use of Measure Q funds to which included public safety, parks, etc and not investments.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked about a discrepancy of nearly $2 million from the October 2021 Treasurer's Report versus what was reported at the recent Measure Q Resident Oversight Commission meeting. - Asked about $20,000 in banking and service fees charged by Union Bank.
CITY TREASURER MICHAEL LEWIS
- Explained that fees are assessed based on the account balance which is why funds were invested in the Local Agency Investment Fund instead of remaining in the checking account.
INTERIM FINANCE DIRECTOR MARC PUCKETT
- Stated that the amount reported at the recent Measure Q Resident Oversight Commission meeting was through September 30, 2021 and the Treasurer's Report presented was through October 31, 2021.
- Explained how banking and service fees were assessed.
Minutes-December 20, 2021
RESULT: PRESENTATION ONLY
PUBLIC HEARINGS:
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.
BARSTOW AREA CHAMBER OF COMMERCE EXECUTIVE DIRECTOR EUGENE BUTTICCI - Announced the Board of Directors for 2022.
BILLIE BRAUN, OWNER OF BILLIE'S KITCHEN
- Discussed the success of the recent Letter's to Santa Christmas event. - Thanked the City Council and community for their support.
FRANK DILLARD, BARSTOW, CALIFORNIA
- Expressed support for MAYOR COURTNEY.
- Encouraged the City Council and community to work together.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Asked why the City paid $200 for MAYOR COURTNEY to take a rapid COVID test ahead of the League of California Cities Annual Conference in September. - Discussed concerns with MAYOR COURTNEY accusing him of costing the City over $40,000, attempting to ban him from the youth football program and alleging that COUNCIL MEMBER'S ROSE and DYER KRUSE signed statements against him.
PEGGI FRIES, BARSTOW, CALIFORNIA
- Discussed concerns with crime in Barstow and federal and state legislation over the past decade that impacted prison population and crime rates.
- Stated the Barstow Police Department was doing the best they could despite increases in crime.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with the volume on Channel 6 and the redundant programming and interviews. - Requested that a report be provided to the public clarifying the unfunded SBCERA pension liability of the Barstow Fire Protection District.
- Discussed concerns with a derogatory remark made by a citizen at the December 6, 2021 Council meeting and the Council's lack of action.
- Asked the City Attorney to clarify what the role of the Mayor was.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Requested that Finance staff provide more detail on the quarterly Measure Q Financial Report. - Discussed concerns with a derogatory remark made by a citizen at the December 6, 2021 Council meeting and the Council's lack of action.
- Asked for an update on how surplus Measure Q funds would be spent. - Requested a study on the impact of the lot merger discussion from the December 13, 2021 Planning Commission meeting.
RAY JAIME, BARSTOW, CALIFORNIA
- Encouraged the City Council and community to work together.
Minutes-December 20, 2021
ANTHONY BROWNE, BARSTOW, CALIFORNIA
- Discussed concerns with lack of decorum at Council meetings and false accusations against MAYOR COURTNEY.
BENNY FEDRICK, INDIO, CALIFORNIA
- Expressed support for INTERIM POLICE CHIEF ANDREW ESPINOZA, JR., ACTING FIRE CHIEF NICK DINAPOLI and MAYOR COURTNEY.
- Thanked the community for their support during the recent passing of his son.
BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Stated that she attended the Employee Holiday Party and thanked staff for organizing. - Encouraged the community to attend the District 3 Town Hall on December 27, 2022 at 5 P.M. with INTERIM POLICE CHIEF ANDREW ESPINOZA, JR. presenting.
- Stated that volunteers were needed for the Homeless Point in Time Count on January 27, 2022 with training on January 12, 2022.
- Stated a Rules and Policies and Clean Air California Grant Town Hall would be held January 13, 2022, 5 P.M. at the Cora Harper Center.
- Asked the community to pray for Fire Engineer David Spink, Nathaniel Stone and Tim Heiden. - Thanked Billie Braun for her efforts with the Letters to Santa event.
MAYOR PRO TEM NOBLE
- Thanked Billie Braun for her efforts with the Letters to Santa event and encouraged more events. - Stated that he attended the Employee Holiday Party and thanked staff for organizing. ' - Asked staff to follow-up on Channel 6 concerns mentioned by Carmen Hernandez. - Asked the City Attorney for a presentation on the role of the Mayor. - Asked staff for an update on Measure Q expenditures.
- Stated he looks forward to the community and Council moving forward together to improve Barstow.
CITY ATTORNEY MATTHEW SUMMERS
- Stated an update on the role of the Mayor and Mayor Pro Tem could be provided at an upcoming Council meeting.
CITY MANAGER WILLIE HOPKINS, JR.
- Discussed recent Measure Q Resident Oversight Commission meeting. - Noted that transparency was discussed along with a spending and strategic plan to address deficiencies in public safety and parks and recreation.
COUNCIL MEMBER DYER KRUSE
- Stated she attended the December 13, 2021 Planning Commission meeting, California Trucking Academy Ribbon Cutting Ceremony and Police Officer Swear-In Ceremony for Alexander Moua. - Asked the community to pray for Fire Engineer David Spink, Nathaniel Stone and Tim Heiden. - Stated she looks forward to the community and Council moving forward together to improve Barstow.
COUNCIL MEMBER SILVA
- No committee reports.
- Addressed interactions among the Council.
- Stated he would always address any issues publicly without attacking anyone personally and voicing disagreement with an issue would be done while supporting the community and Council.
MAYOR COURTNEY
- Thanked Mr. Fedrick, Mr. Dillard, Pastor Carpenter and Mr. Browne.
Minutes-December 20, 2021
- Stated he attended Police Officer Swear-In Ceremony for Alexander Moua, Chamber Board meeting, Military Affairs Committee, Star Beauty and California Trucking Academy Ribbon Cuttings. - Thanked Billie Braun for her efforts with the Letters to Santa event. - Addressed Mike Hernandez's comments regarding disparaging remarks. - Provided an update on a recent meeting with Barstow CEO Brian Cotter. - Mentioned a State of the City event would be held in 2022 with the City Manager announcing a date. - Encouraged all to volunteer for the Homeless Point in Time Count.
STAFF REPORTS:
CITY CLERK ANDREA FLORES
- Provided an update on the 2021 New Law and Elections Seminar held December 8 - 10, 2021. - Stated updates to elections, the Public Records Act, the Brown Act and Fair Political Practices Commission filing requirements were discussed.
- Expressed appreciation of the opportunity to network with other City Clerks throughout California.
POLICE CHIEF COMMENTS:
INTERIM POLICE CHIEF ANDREW ESPINOZA, JR.
- Stated Allied Transport had recently begun providing prison transport services, which was funded by Measure Q.
- Encouraged the community to attend the District 3 Town Hall on December 27, 2021 at 5 P.M. - Stated the Christmas, Cops and Kids event would be on December 24, 2021 with toy delivery starting at 8 A.M. Encouraged the community to volunteer. - Stated DUI enforcement would be conducted throughout the city.
FIRE CHIEF COMMENTS:
ACTING FIRE CHIEF NICK DINAPOLI
- Reminded the community about portable heating device safety. - Also discussed carbon monoxide and Christmas tree safety. - Provided an update on Fire Engineer David Spink, thanked staff, the Council and community for their support and encouraged continued prayers.
CITY MANAGER / DISTRICT MANAGER COMMENTS:
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that transparency would be a priority in 2022 particularly with the budget process and hosting various Town Halls events.
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:
3. MINUTES JOINT REGULAR MEETING - DECEMBER 6, 2021 6:00 P.M.
Recommended Action:
Approve minutes as presented.
SPEAKERS
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
Minutes-December 20, 2021
- Requested that her public comments be transcribed verbatim.
COUNCIL MEMBER SILVA
- Asked that Closed Item 1, page 2, be amended to reflect his recusal from voting. - Requested that the line "confirmed that a real estate broker was not involved in the transaction" on Item 1, page 2, be redacted.
Motion by COUNCIL MEMBER SILVA, seconded by MAYOR PRO TEM NOBLE, and unanimously carried to approve the December 6, 2021 Joint Regular Meeting Minutes as amended.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
CITY COUNCIL:
4. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #1008, & 86056-86183 totaling $685,072.44 and wires #776-778 totaling $174,515.22.
SPEAKERS
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked for clarification on check #'s 86075 for Endura Steel and 86090 for the Animal Control IGSA.
COUNCIL MEMBER SILVA abstained on check #776 partially payable in his favor.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
5. STATE HIGHWAY 247 SCENIC HIGHWAY DESIGNATION
Recommended Action:
Direct staff to submit a letter of support for the consideration of the designation of State Highway 247 as a Scenic Highway.
Item pulled in order for staff to review potential impacts of designation.
RESULT: CONTINUED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Marilyn Dyer Kruse
AYES: Noble, Kruse, Rose, Courtney, Silva
6. AWARD A CONTRACT FOR PROJECT 2021-05, GENERATOR REPLACEMENT AT THE FIRE DISTRICT'S STATION 363
Recommended Action:
Minutes-December 20, 2021
Staff Recommends that the City Council take the following actions:
1. Award the project to Delta Electric, LLC.
2. Approve and appropriate an overall project budget of $73,440.00.
3. Reject all other bids upon satisfactory submission of the required contract documents, bonds, and insurance certificates.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked for clarification on where the generator would be located.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
7. APPROVAL FOR MAYOR COURTNEY TO PARTICIPATE IN THE LEAGUE OF CALIFORNIA
CITIES VIRTUAL ACADEMY FOR NEWLY ELECTED MAYORS AND COUNCIL MEMBERS Recommended Action:
Approve registration for Mayor Paul Anthony Courtney to attend the League of California Cities Virtual Academy for Newly Elected Mayors and Council Members scheduled for January 20, 21, 27 and 28, 2022.
COUNCIL MEMBER ROSE
- Asked if the conference was different compared to the prior year's conference.
MAYOR COURTNEY
- Discussed the need for continued education and updates.
RESULT: APPROVED [4 TO 1]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Courtney, Silva
NAYS: Rose
DISCUSSION / ACTION ON DEFERRED ITEMS:
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
8. SURPLUS LAND ACT DESIGNATION: 209 N 1ST (APN 0181-072-03-0000) Recommended Action:
Staff recommends that City Council adopt Resolution No. 5071-2021 finding that the Property is surplus and authorizing the City to send a Notice of Availability to the required entities, including affordable housing developers and HCD.
ECONOMIC DEVELOPMENT ADMINISTRATOR AMANDA HERNANDEZ
- Presented the staff report as filed with the City Clerk.
MAYOR COURTNEY RECUSED HIMSELF FROM THE MEETING AT 8:51 P.M.
COUNCIL MEMBER SILVA
Minutes-December 20, 2021
- Asked what the City's liability would be for selling the property "as is." - Also asked about selling for the appraised value.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that liability would be reduced by fully disclosing the property is sold "as is" along with a waiver of any claims from the potential buyer.
- Clarified the property cannot be sold for less than the appraised value.
MAYOR PRO TEM NOBLE
- Asked if any other offers were received to purchase the property.
ECONOMIC DEVELOPMENT ADMINISTRATOR AMANDA HERNANDEZ
- Stated no other offers were received.
Discussion ensued about California Surplus Land Act requirements and the property's age.
SPEAKERS
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Agreed with COUNCIL MEMBER SILVA'S concerns regarding liability.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if the City would be required to pay Coldwell Banker a commission if the listing were terminated.
ECONOMIC DEVELOPMENT ADMINISTRATOR AMANDA HERNANDEZ
- Stated the City's contract with Coldwell Banker expired in 2018.
RESULT: APPROVED [4 TO 0]
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Silva
ABSTAIN: Courtney
9. SURPLUS LAND ACT DESIGNATION: BUSINESS PARK (APNS: 0427-062-43-0000; 0427- 062-44-0000; 0427-062-45-0
Recommended Action:
Staff recommends that City Council adopt Resolution No.5072-2021 finding that the Property is surplus and authorizing the City to send a Notice of Availability to the required entities, including affordable housing developers and HCD.
COUNCIL MEMBER DYER KRUSE RECUSED HERSELF FROM THE MEETING AT 9:05 P.M.
MAYOR COURTNEY RETURNED TO THE MEETING AT 9:07 P.M.
ECONOMIC DEVELOPMENT ADMINISTRATOR AMANDA HERNANDEZ
- Presented the staff report as filed with the City Clerk.
SPEAKERS
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Thanked CITY MANAGER WILLIE HOPKINS, JR. for clarification on updates to the State law as it relates to surplus land.
Minutes-December 20, 2021
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if Coldwell Banker would receive a commission if the listing had been terminated.
ECONOMIC DEVELOPMENT ADMINISTRATOR AMANDA HERNANDEZ
- Stated the City's agreement with Coldwell Banker ended in 2018.
COUNCIL MEMBER DYER KRUSE RETURNED TO THE MEETING AT 9:11 P.M.
RESULT: APPROVED [4 TO 0]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney, Silva
ABSTAIN: Kruse
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA,
OFFICIALLY ADOPTING THE CITY OF MAYFIELD, KENTUCKY, AS A SISTER CITY FOR
THE PURPOSE OF DISASTER RELIEF
Recommended Action:
Adopt Resolution No. 5073-2021, of City of Barstow, California, officially adopting the City of Mayfield, Kentucky, as a sister city for the purpose of disaster relief.
CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk.
COUNCIL MEMBER DYER KRUSE
- Stated she hoped the community would reach out in order to assist the Town of Mayfield.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
11. RECONSIDERATION OF ACCOUNTS PAYABLE EXPENDITURES FOR CHECKS #1005 AND #85773
Recommended Action:
Approve and ratify expenses, as audited, for checks #1005 and #85773 totaling $1,174.58.
Continued to a future City Council meeting in order for staff to provide additional back-up documentation per the Council's request.
RESULT: CONTINUED [UNANIMOUS] Next: 2/7/2022 6:00 PM
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
12. REQUEST OF COUNCIL MEMBERS ROSE AND SILVA FOR CENSURE OF MAYOR
COURTNEY PURSUANT TO CITY ETHICS CODE
Recommended Action:
Staff recommends that the City Council consider Councilmember Rose and Silva’s request for censure, and in so doing consider any response or rebuttal from Mayor Courtney, hear public testimony and take any action determined to be appropriate based on the matters presented and Minutes-December 20, 2021
deliberated.
CITY ATTORNEY MATTHEW SUMMERS
- Presented the staff report as filed with the City Clerk.
OPENING STATEMENTS:
COUNCIL MEMBER SILVA
- Stated his reasons for the censure request included:
- Misuse of the City logo on a recently distributed flyer. - The cancellation of the State and Federal lobbyist contracts which were not approved by the Council.
- The cancellation of the True Liberty Protection Services contract, which was not approved by the Council.
- The cancellation of the Main Street Murals contract, which was not approved by the Council. - Distribution of a letter from COUNCIL MEMBER ROSE'S family.
COUNCIL MEMBER SILVA
- Asked MAYOR COURTNEY the following questions:
- If he was warned not to distribute the letter from COUNCIL MEMBER ROSE'S family. - If he ever directed a City employee with a task to complete or interfered with any administrative duties of the City.
- If the Rose family letter was given to a City employee with the direction to distribute publicly. - If he threatened termination of a City employee's job if he/she did not do what he wanted them to do.
MAYOR COURTNEY
- Stated the former Interim City Manager indicated the letter should be distributed in the best interest of the community.
- Responded, No, to all of COUNCIL MEMBER SILVA'S other questions.
COUNCIL MEMBER ROSE
- Stated her reasons for the censure request included:
- Use of clean-up volunteers that were not vetted by the City. - Tearing up a Code Enforcement Violation that was issued to MAYOR COURTNEY'S business establishment.
- Organizing events at Barstow Entrepreneur Center without obtaining a Temporary Use Permit (TUP).
- Distribution of a letter from her family.
- Misuse of a City vehicle and unauthorized tinting of the windows. - Misuse of the City logo and local business logos on a recently distributed flyer.
COUNCIL MEMBER ROSE
- Asked MAYOR COURTNEY the following questions:
- If he destroyed a Code Enforcement violation.
- If he asked a City employee to distribute the letter from her family or if he distributed to business throughout Barstow prior to it being made public.
- If he tinted the windows of a City vehicle and if he believed the role of the Mayor was to make alterations to a City vehicle.
- If he had permission to use the City logo on the flyer he recently distributed.
MAYOR COURTNEY
- Stated he did not destroy any Code Enforcement violations. - Stated he did not direct City employees to distribute the letter and only shared with Mr. Ben Rosenberg.
- Stated he tinted the windows and had other services performed on the vehicle because the Minutes-December 20, 2021
former Interim City Manager had issued it to him. Also noted the vehicle had been abandoned and was not safe.
- Stated he did not have permission.
MAYOR COURTNEY
- Discussed concerns with misinformation shared about him. - Discussed reasons for distribution of flyer noting that the intent was to take initiative to highlight the City's accomplishments.
- Also noted he funded the flyers himself due to not knowing what the City's budget was. - Stated he would no longer use the City's logo due to a cease and desist letter, but would continue to take risks to promote Barstow.
- Acknowledged that the Mayor was only one vote and three votes were needed to move any items forward.
- Expressed disappointment with COUNCIL MEMBER SILVA referring to former Interim City Manager Jim Hart as a liar.
PUBLIC TESTIMONY:
MAYOR PRO TEM NOBLE OPENED PUBLIC TESTIMONY AT 9:50 P.M.
SPEAKERS
KAMBIZ MORRIDI, BARSTOW, CALIFORNIA
- Discussed concerns with Barstow not being business friendly. - Stated the censure process was a waste of time and causes concern for potential investors.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY violating the Brown Act, the unauthorized use of the City logo and leaking Closed Session information.
- Encouraged MAYOR COURTNEY to be a team player.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY distributing the letter from COUNCIL MEMBER ROSE'S family, lying to the public, slandering him personally and trying to have him arrested.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Stated the Mayor was only one vote and does not have the authority to run the City. - Also cited concerns with the Marriott Hotel, lawsuits against the City and the termination of former City Manager Nikki Salas.
MAYOR PRO TEM NOBLE CLOSED PUBLIC TESTIMONY AT 10:03 P.M.
FINAL COMMENTS:
COUNCIL MEMBER SILVA
- Stated the two charge charges brought against MAYOR COURTNEY were 1) misuse of official capacity for distribution of the flyer and 2) misuse of official information for distribution of the letter from COUNCIL MEMBER ROSE'S family with the intent to cause harm. - Discussed harassment and interference with administrative duties by MAYOR COURTNEY and the major liability to the City including threatening to terminate a City employee. - Asked how the City Council could request a third-party investigation into the harassment allegations against MAYOR COURTNEY.
- Stated the City Council needs to take immediate action to address the harassment by MAYOR COURTNEY and City employees being in fear for their jobs.
Minutes-December 20, 2021
CITY ATTORNEY MATTHEW SUMMERS
- Stated that the City Council majority could direct an investigation into harassment allegations against MAYOR COURTNEY.
COUNCIL MEMBER ROSE
- Discussed concerns with MAYOR COURTNEY'S treatment of her, her family, staff and his overall conduct and lack of accountability to the City's rules and policies. - Stated she is asking for censure of MAYOR COURTNEY because he has caused harm to City employees, Council and the community as a whole.
MAYOR COURTNEY
- Discussed concerns about COUNCIL MEMBER ROSE'S conduct including comments regarding MAYOR PRO TEM NOBLE looking like him.
- Explained reasons for appointing a new Mayor Pro Tem to replace COUNCIL MEMBER ROSE. - Stated he is not responsible for the City incurring additional costs due to lawsuits. - Expressed disappointment with COUNCIL MEMBER ROSE'S treatment of former Interim City Manager Jim Hart.
- Discussed concerns with the treatment of former Police Chief Albert Ramirez, Jr. and current INTERIM POLICE CHIEF ANDREW ESPINOZA, JR.
- Stated he would no longer distribute the flyer and there was no personal gain for him. - Asked why additional costs were incurred for outside investigations. - Clarified the Marriott Hotel development.
- Stated he did not disclosure Closed Session information to any members of the community.
QUESTIONS/ADDITIONAL COMMENTS:
COUNCIL MEMBER DYER KRUSE
- Stated the Murals were funded from Measure Q and the budget was reduced due to COVID. - Asked COUNCIL MEMBER ROSE how many events MAYOR COURTNEY organized without a TUP.
- Agreed that staff and not the Mayor should have handled tinting of the City vehicle windows. - Discussed concerns with distribution of the flyer without her knowledge. Stated the Council should consult with the City Manager on any ideas or concepts. - Also noted the Council needs to communicate with one another. - Acknowledged MAYOR COURTNEY'S intentions might have been good, but stated that rules and policies needed to be followed.
- Expressed concern with the City employee whose job was threatened.
MOTION:
Motion by COUNCIL MEMBER SILVA, seconded by MAYOR PRO TEM NOBLE, and unanimously passed to suspend the rules and continue the item past 11 P.M.
MAYOR PRO TEM NOBLE
- Discussed the importance of hiring a third party investigator who has the City's best interest at heart.
Motion by COUNCIL MEMBER SILVA, seconded by MAYOR PRO TEM NOBLE, and approved 4-0, to approve the censure request of MAYOR COURTNEY 1) misuse of official capacity and 2) misuse of official information. MAYOR COURTNEY abstained.
Motion by COUNCIL MEMBER SILVA, seconded by MAYOR PRO TEM NOBLE, and approved 4-0, to direct the City Manager and City Attorney to start-up an investigation into allegations of harassment, direction to City employees and interference with City employees' jobs utilizing a third-party investigator. MAYOR COURTNEY abstained.
Minutes-December 20, 2021
RESULT: APPROVED [4 TO 0]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Silva
ABSTAIN: Courtney
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 11:07 P.M.
Respectfully Submitted: Approved:
_______________________________ _______________________________ Andrea Flores, City Clerk Paul Anthony Courtney, Dr. B.A. Mayor Notice: Signed Minutes are filed with the City Clerk’s office