BARSTOW CITY COUNCIL
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
FEBRUARY 22, 2022
7:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
REGULAR MEETING
Minutes-February 22, 2022
CALL TO ORDER:
MAYOR COURTNEY called the meeting to order at 7:02 P.M.
INVOCATION:
MAYOR PRO TEM NOBLE led the invocation.
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER DYER KRUSE 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 A SPEAKER REQUEST CARD AND HAND TO THE CITY CLERK. 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-February 22, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
PRESENTATIONS:
1. UPDATE - BARSTOW HUMANE SOCIETY
Recommended Action:
Presentation only.
SHAWN WEISS, BARSTOW HUMANE SOCIETY
- Provided an update on services and activities for the months of July - December 2021.
RESULT: PRESENTATION ONLY
2. AFTER-EVENT REPORT AND PRESENTATION BY THE BARSTOW COMMUNITY
COALITION
Recommended Action:
After-event report and presentation only.
PEGGI FRIES, BARSTOW COMMUNITY COALITION
- Provided the after-event report and presentation for the Community Resource Fair held on November 4, 2021.
- Stated 300 people attended and resources were provided to local veterans.
RESULT: PRESENTATION ONLY
3. AFTER-EVENT REPORT AND PRESENTATION BY THE GEM & MINERAL SOCIETY Recommended Action:
After-event report and presentation only.
RESULT: PRESENTATION ONLY - CONTINUED Next: 3/7/2022 6:00 PM PUBLIC HEARINGS:
4. CONDUCT A FOURTH PUBLIC HEARING TO CONSIDER FOUR DRAFT MAPS, PROVIDE
INPUT AND NARROW DOWN TO A FINAL MAP FOR ADOPTION FOR THE CITY OF
BARSTOW REDISTRICTING PROCESS
Recommended Action:
That the City Council conduct the fourth public hearing to select a final map for adoption or narrow down to two final maps for consideration of adoption at a fifth public hearing.
CITY ATTORNEY MATTHEW SUMMERS
- Presented the staff report as filed with the City Clerk.
EDDY HARRITY, REDISTRICTING INSIGHTS
- Provided an overview and description of the four draft maps.
Minutes-February 22, 2022
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 7:27 P.M.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked what happens if two Council Members end up residing in the same district.
DISCUSSION
CITY ATTORNEY MATTHEW SUMMERS
- Stated that no Council Members would lose their current seat if boundaries were redrawn to include them in another district.
- Also explained the sequencing of districts as they relate to upcoming election cycles.
COUNCIL MEMBER SILVA
- Asked for clarification on if the Council could draft another map instead of adopting one of the proposed maps.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that the Council could draft another map, which needed to be posted at least seven days ahead of adoption.
COUNCIL MEMBER DYER KRUSE
- Asked if the Council could assign district numbers.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that the Council could assign district numbers. - Noted that the Council needed to adopt a final map by April 17, 2022.
Motion by MAYOR PRO TEM NOBLE, seconded by COUNCIL MEMBER DYER KRUSE to consider the Scenario 1 and 2 maps for adoption.
Subsequent motion by COUNCIL MEMBER SILVA, seconded by COUNCIL MEMBER ROSE, and carried 4-1, to select Scenario 2 for adoption.
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 7:42 P.M.
RESULT: APPROVED [4 TO 1]
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Silva
NAYS: Courtney
5. FY2022/23 COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION PROJECTS Recommended Action:
City Staff recommends City Council
1. Conduct the Public Hearing.
2. According to CDBG policy, recommend Project(s) and amounts for Public Service and Construction Projects to be funded.
3. Direct staff to submit Council’s recommendations to San Bernardino County for consideration by the San Bernardino County Board of Supervisors.
MAYOR PRO TEM NOBLE RECUSED HIMSELF FROM THE MEETING AT 7:43 P.M.
Minutes-February 22, 2022
ENGINEERING ADMINISTRATOR DOMINGO GONZALES
- Presented the staff report as filed with the City Clerk.
COUNCIL MEMBER SILVA
- Asked if more than five projects could be considered.
ENGINEERING ADMINISTRATOR DOMINGO GONZALES
- Stated that per the County of San Bernardino’s policy, three service projects and two construction projects could be funded.
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 7:48 P.M.
AMY ZILLNER, SAN BERNARDINO COUNTY LIBRARY BRANCH MANAGER - Spoke about the Adult Literacy Program, noting that the goal of the program was to assist Englishspeaking adults with learning to read and write at a level to help them succeed and accomplish goals. - Noted that the participants resided in the City of Barstow, which had been designated as “presumed benefit status” by the Federal government.
- Said that the program provided free individualized instruction by volunteer tutors, and serviced the community directly.
- Thanked the City Council for their continued support.
PEGGI FRIES, DESERT SANCTUARY DIRECTOR
- Discussed recent loss of board members Rich Johnston and Tim Heiden. - Thanked the City of Barstow for its past support.
- Stated that they are asking for funding to assist with case management services in addition to day care for children of approximately 40 battered and abused spouses in the Barstow area.
RON BEARDSHEAR, NEW LIFE FELLOWSHIP
- Discussed New Life Fellowship's efforts with serving the community by providing gas, food and motel vouchers.
EUGENE BUTTICCI, DESERT MANNA
- Discussed Desert Manna Food Bank’s operations and provided statistics on distribution operations and the residents served.
- Noted that areas served included the rural communities of Barstow, Daggett, Yermo and Newberry Springs.
FRANCES KRAMLICH, NEW HOPE VILLAGE BOARD PRESIDENT
- Spoke about the affordable housing that they provide for homeless families and individuals. - Stated that they provide case management services, life skill meetings along with education and employment assistance.
- Discussed the various types of populations served including single men, single women, single parent families, two parent families, veterans, seniors, the disabled population and those recovering from substance and alcohol abuse.
- Former and current New Hope Village clients also discussed their experiences and success stories.
ANTONESE NOBLE, NOBLE STRONG, INC.
- Discussed programs and services offered by Noble Strong, Inc. - Stated the funding would allow their organization to provide sponsorships and mentorship to local youth for fitness and athletic training along with providing uniforms/apparel.
ENGINEERING ADMINISTRATOR DOMINGO GONZALES
- Stated that the Council was asked to select three service projects to fund and approve the one construction project that was submitted.
Minutes-February 22, 2022
MOTION BY COUNCIL MEMBER SILVA, SECONDED BY COUNCIL MEMBER ROSE, AND CARRIED BY A 4-1 VOTE, TO AWARD THE CONSTRUCTION PROJECTS AS FOLLOWS:
$300,115.92 North Barstow ADA Infrastructure Improvements
MOTION BY COUNCIL MEMBER SILVA, SECONDED BY MAYOR COURTNEY TO OPEN THE ITEM FOR DISCUSSION.
DISCUSSION
COUNCIL MEMBER ROSE recommended the Desert Sanctuary and New Life Fellowship projects for funding. COUNCIL MEMBERS DYER KRUSE and SILVA concurred.
MAYOR COURTNEY recommended that Noble Strong, Inc. also receive funding.
MOTION BY COUNCIL MEMBER ROSE, SECONDED BY COUNCIL MEMBER SILVA, AND CARRIED BY A 4-1 VOTE, TO AWARD THE PUBLIC SERVICES PROGRAMS AS FOLLOWS:
$14,066.10 Desert Sanctuary - Child Care Provision Program $14,066.10 New Life Fellowship - Homeless Community Outreach $14,066.10 New Hope Village - Housing and Services
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 8:24 P.M.
GENERAL, NON-AGENDA PUBLIC COMMENT:
MAYOR PRO TEM NOBLE RETURNED TO THE MEETING AT 8:32 P.M.
EUGENE BUTTICCI, BARSTOW CHAMBER OF COMMERCE
- Discussed the success of the Barstow Job Fair held at the Cora Harper Center on February 9, 2022. - Thanked the City and staff for helping to organize.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY interrupting him during public comments. - Asked if the EC Barstow parking lot and wall had been approved by the Planning Commission. - Asked if the EC Barstow restrooms were ADA compliant. - Asked if MAYOR COURTNEY told staff prior to taking office that EC Barstow would open regardless of approval.
- Asked about downtown businesses being open that were not ADA compliant. - Asked staff if MAYOR COURTNEY's business was allowed to remain open without being compliant.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked MAYOR COURTNEY not to interrupt citizens during public comments. - Asked why written responses to his questions were posted publicly instead of sent to him directly. - Discussed follow-up items that were disregarded by the City Manager. - Asked when the six-month evaluation of the City Manager was due.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY limiting public comments to two minutes at the February 7, 2022 meeting.
- Discussed concerns with the Marriott Hotel project and her verbatim comments not being included in the minutes.
- Stated that prior City Managers responded to the public's questions by email or letter.
Minutes-February 22, 2022
PERRY PACK, BARSTOW, CALIFORNIA
- Asked why MAYOR COURTNEY has not reported on any meetings and events attended. - Asked if the Council approved MAYOR COURTNEY traveling to meetings and events.
JIM BROWN, BARSTOW, CALIFORNIA
- Discussed concerns with the First Street Bridge closure. - Requested a temporary fire station near the Harvey House during the bridge closure. - Asked when the City Council would address the condition of sports fields.
BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Stated that January and February Desert Regional Steering Committee updates were not available, but would be provided in writing to the Homeward Bound Committee and included in the Council Committee Reports.
- Also discussed the Project Homekey grant, upcoming Homeless Point in Time Count and community resource list that the Homeward Bound Committee was compiling. - Discussed the February 22, 2022 Rules and Policies Committee meeting stating that the SB 1383, rental inspection ordinance and separate expense reimbursement policies for staff and elected officials were discussed.
- Asked that the Mayor not leave the dais during the Council meeting. Stated that staff could address any issues arising during the Council meeting.
- Asked for follow-up on EC Barstow's permitting and compliance, sports field conditions, and the City Manager's six-month evaluation.
- Requested that responses to public comments be sent directly to the individuals requesting responses.
- Discussed Rosenberg’s Rules of Order as it relates to the person chairing the meeting.
MAYOR PRO TEM NOBLE
- No committee reports.
COUNCIL MEMBER DYER KRUSE
- Discussed February 10, 2022 Solid Waste JPA meeting and the recent Farmer's Market. - Asked for an update to her request from the February 7, 2022 meeting that the Council send thank you letters to the other fire agencies who supported the Barstow Fire Protection Districts during David Spink's memorial.
COUNCIL MEMBER SILVA
- Discussed February 9, 2022 Homeward Bound Committee meeting. - Asked for an update on the First Avenue Bridge.
MAYOR COURTNEY
- Discussed the February San Bernardino County Transportation Authority (SBCTA) Board meeting. - Also discussed recent meeting and events attended including the League of California Cities Desert Mountain Division meeting, the High Desert Black Business Summit, the golf course community meeting, school site council meetings and High Desert Mayor's meetings.
STAFF REPORTS:
CONSULTING CITY ENGINEER BRAD MERRELL
- Discussed recent damage to the First Avenue Bridge.
- Provided an overview on the replacement bridge along with funding sources. - Stated SBCTA and Caltrans were working out a High-Cost Agreement for funding of the bridge replacement.
Minutes-February 22, 2022
COUNCIL MEMBER SILVA
- Asked that the entire presentation be broadcast on Channel 6 and social media.
COUNCIL MEMBER DYER KRUSE
- Stated that she updated Congressman Jay Obernolte on the bridge who offered assistance and support.
MAYOR COURTNEY
- Stated that Senator Shannon Grove and Assemblyman Thurston Smith also offered their support.
CITY MANAGER WILLIE HOPKINS, JR.
-Stated an emergency item for necessary repairs would be brought to the Council at a future meeting.
POLICE CHIEF COMMENTS:
POLICE CHIEF ANDREW ESPINOZA, JR.
- Stated that two new officers would be sworn-in on February 23, 2022. - Mentioned that Coffee with a Cop was scheduled for March 1, 2022, 10:00 A.M. at Canton Restaurant.
- Discussed the Police Chief's Community Advisory Board and encouraged anyone interested in serving to apply.
FIRE CHIEF COMMENTS:
ACTING FIRE CHIEF NICK DINAPOLI
- Stated that a temporary fire station near the Harvey House was being considered. Also noted that response times to the north area of Barstow were always a challenge even when the bridge was operational.
- Discussed recruitment and retention challenges.
CITY MANAGER / DISTRICT MANAGER COMMENTS:
CITY MANAGER WILLIE HOPKINS, JR.
- Discussed possible funding opportunities for the First Avenue Bridge. - Stated that staff was working on thank you letters to the other fire agencies who assisted with David Spink's memorial.
- Also discussed efforts with the golf course and resolving the sports field issues.
MAYOR COURTNEY CALLED FOR A RECESS AT 9:53 P.M.
THE MEETING RECONVENED AT 10:00 P.M. WITH ALL COUNCIL MEMBERS PRESENT.
CONSENT CALENDAR PUBLIC COMMENT:
6. MINUTES JOINT SPECIAL MEETING - FEBRUARY 7, 2022 6:00 P.M.
Recommended Action:
Approve minutes as presented.
Minutes-February 22, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
7. COMMUNITY PROMOTIONAL FUND APPLICATION FROM THE ASSOCIATION OF THE
UNITED STATES ARMY (AUSA), HIGH DESERT CHAPTER AND BARSTOW CHAMBER OF
COMMERCE
Recommended Action:
Approve community promotional fund donation in the amount of $2,000 for waiver of fees for use of the Cora Harper Center.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
8. 2ND READING AND ADOPTION OF ORDINANCE NO. 987-2022 AMENDING BARSTOW MUNICIPAL CODE SECTION 18.16.010 RELATING TO REVERSIONS TO ACREAGE,
MERGERS AND RESUBDIVISIONS, AND MERGER OF CONTIGUOUS PARCELS UNDER
COMMON OWNERSHIP
Recommended Action:
Adopt Ordinance No. 987-2022 amending Barstow Municipal Code Section 18.16.010 Relating to Reversions to Acreage, Mergers and Resubdivisions, and Merger of Contiguous Parcels Under Common Ownership. The ordinance is presented for its second reading and adoption. The Planning Commission recommended approval of this ordinance at its December 13, 2021 meeting. Ordinance 987-2022 was also introduced at the February 7, 2022 Council meeting. The adoption of the proposed ordinance is exempt from review under the California Environmental Quality Act, per CEQA Guidelines Sections 15305 and 15378.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
9. APPROVAL OF AGREEMENT FOR STATION ALERTING SYSTEM
Recommended Action:
Staff recommends the City Council approve the allocation total of $172,649.56 from the ARPA funding and authorize the City Manager to sign the necessary documents.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
Minutes-February 22, 2022
10. PENSION FUNDING POLICY
Recommended Action:
Staff recommends adoption of Resolution number 5077-2022 establishing a Pension Funding Policy for the City of Barstow to further reduce the overall cost of pension funding and help stabilize pension funding.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
DISCUSSION / ACTION ON DEFERRED ITEMS:
BUSINESS / ACTION ITEMS:
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.
CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk.
CITY ATTORNEY MATTHEW SUMMERS
- Recommended approval of the items while establishing a policy going forward.
DISCUSSION
COUNCIL MEMBER ROSE
- Discussed concerns with the current expense reimbursement policy not being followed and MAYOR COURTNEY not being held accountable to the policy.
- Expressed disappointment with CITY ATTORNEY MATTHEW SUMMERS' recommendation to move the approval forward.
- Stated the current policy must be followed until a new policy was established.
MAYOR PRO TEM NOBLE
- Agreed with COUNCIL MEMBER ROSE and stated the current policy should be followed moving forward.
COUNCIL MEMBER DYER KRUSE
- Asked why the item was brought before the Council for reconsideration when the item was already approved by the Council with the direction to follow and reevaluate the policy going forward.
COUNCIL MEMBER ROSE
- Stated that item was brought before the Council for reconsideration because MAYOR COURTNEY originally voted on the item when he should have recused himself. - Recommended approving any mileage reimbursements incurred within 30 days with MAYOR COURTNEY being liable for repayment of any mileage incurred above 30 days.
Discussion ensued about enforcement of repayment of mileage reimbursements.
Minutes-February 22, 2022
SPEAKERS
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with COUNCIL MEMBER DYER KRUSE and CITY ATTORNEY MATTHEW SUMMERS not holding MAYOR COURTNEY accountable.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that the City Manager should be aware of the policy prior to approving any expense reimbursements.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that all Council Members should be aware of the policy and no Council Members should be reimbursed for conducting business within the City.
- Stated that MAYOR COURTNEY should only be reimbursed for allowable expenses and be liable to repay any ineligible expenses.
MOTION BY COUNCIL MEMBER SILVA, SECONDED BY COUNCIL MEMBER ROSE, AND CARRIED BY A 3-1 VOTE, TO APPROVE ANY EXPENSES INCURRED WITHIN 30 DAYS IN ACCORDANCE WITH EXPENSE REIMBURSEMENT POLICY NO. 2018-16 AND DIRECT THE
CITY ATTORNEY TO SEND MAYOR COURTNEY A DEMAND LETTER FOR REPAYMENT OF ANY INELIGIBLE EXPENSES.
DISCUSSION
COUNCIL MEMBER ROSE
- Stated that PACE Services would no longer be providing any services for the City due to the conflict of interest.
RESULT: APPROVED [3 TO 1]
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Rose, Silva
NAYS: Kruse
ABSTAIN: Courtney
ADJOURNMENT:
By the consensus of the City Council and without objection, the regular meeting was adjourned at 10:46 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