BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MARCH 7, 2022
7:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-March 7, 2022
CALL TO ORDER:
MAYOR COURTNEY called the meeting to order at 7:01 P.M.
INVOCATION:
PASTOR WILLIE LEE SMITH from HIGH DESERT COMMUNITY OUTREACH 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 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-March 7, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
PRESENTATIONS:
1. AFTER-EVENT REPORT AND PRESENTATION BY THE GEM & MINERAL SOCIETY Recommended Action:
After-event report and presentation only.
JUDY LIVINGSTON OF THE MOJAVE DESERT GEM AND MINERAL SOCIETY - Provided an after-event report and presentation on the organization's Annual Gem & Mineral Show held December 3 - 5, 2021.
- Thanked the City of Barstow for their continued support.
RESULT: PRESENTATION ONLY
2. AFTER -EVENT AND PRESENTATION BY ON THE RISE INC.
Recommended Action:
After-event report and presentation only.
CATHY WILLIAMS, ON THE RISE
- Provided an after-event report and presentation on the organization's Toy Giveaway held on December 16, 2021.
- Thanked the City of Barstow for their continued support.
RESULT: PRESENTATION ONLY
3. AFTER-EVENT REPORT AND PRESENTATION BY BARSTOW YOUTH SPORTS AWARD
COALITION
Recommended Action:
After-event report and presentation only.
LEONARD WILLIAMS, BARSTOW YOUTH SPORTS COALITION
- Provided an after-event report and presentation on the Youth Sport Banquet, held on January 22, 2022.
- Thanked the City of Barstow and staff for their support.
RESULT: PRESENTATION ONLY
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.
NO PUBLIC COMMENTS
Minutes-March 7, 2022
MINUTES ALL AGENCIES:
4. MINUTES JOINT SPECIAL MEETING - FEBRUARY 22, 2022 7:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
ACCOUNTS PAYABLE ALL AGENCIES:
5. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for check #86627-86948 totaling $3,611,667.10 and wires #788-791 totaling $147,142.76, per the Agency breakdown below:
City: $3,563,399.10
Fire: $195,410.76
Successor Agency: $0.00
Grand Total: $3,758,809.86
COUNCIL MEMBER SILVA
- Asked if there was an update on the Spanish Trails project since there were payables for that project.
CONSULTING CITY ENGINEER BRAD MERRELL
- Stated that Caltrans is taking the lead on the property transfer near the freeway which will go to the State Land Commission for approval.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
CITY COUNCIL:
6. RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATIONS FOR CALRECYCLE GRANTS (REPEALING RESOLUTION NO. 5015-2021)
Recommended Action:
That the City Council approve Resolution No. 5078-2022 authorizing submittal of applications for CalRecycle grants and related authorizations, repealing Resolution 5015-2021 and waive the full reading.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
Minutes-March 7, 2022
7. CITY AND FIRE PROTECTION DISTRICT PURCHASING AND CONTRACT POLICY ADDENDUM FOR SB 1383 PROCUREMENT
Recommended Action:
Staff recommends that:
1. The City Council adopt Resolution No. 5079-2022 amending the Purchasing and Contract Policy adding Addendum A: SB 1383 Recovered Organic Waste Procurement Policy.
2. The Fire Board adopt Resolution No. 65-2022 amending the Purchasing and Contract Policy adding Addendum A: SB 1383 Recovered Organic Waste Procurement Policy.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
8. 2022 PLANNING COMMISSIONERS ACADEMY
Recommended Action:
Requesting City Council approval to send three (3) Planning Commissioners and (1) staff member to attend the 2022 League of California Cities Planning Commissioners Academy.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FROM
CONSENT CALENDAR BY COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME).
PUBLIC HEARINGS:
9. CONDUCT A FIFTH PUBLIC HEARING ADOPTING A CITY COUNCIL ELECTION DISTRICT MAP UNDER ELECTIONS CODE SECTIONS 21600–21609
Recommended Action:
That the City Council conduct the fifth public hearing to adopt a Resolution adopting the new City Council Election District Map.
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 7:16 P.M.
CITY ATTORNEY MATTHEW SUMMERS
- Presented the staff report as filed with the City Clerk.
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 7:19 P.M.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
Minutes-March 7, 2022
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.
JOHN "TEX' WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with the shortage of parks maintenance staff, the Mayor and City Attorney. - Asked for the status of the response to his questions from the February 22, 2022 meeting regarding EC Barstow.
- Commended ACTING FIRE CHIEF DINAPOLI and POLICE CHIEF ESPINOZA.
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY and CONSULTANT ANTHONY RILEY. - Stated local cannabis regulations should align with State regulations. - Discussed proposed bingo program and providing assistance to foster children.
CATHY WILLIAMS, BARSTOW, CALIFORNIA
- Encouraged the community to attend and support Caleb's Super Hero Run on March 26, 2022 at the Sports Park.
CRAIG HARRIS, BARSTOW, CALIFORNIA
- Discussed safety concerns due to gopher holes on the fields at Foglesong Park, Stringham Park and H Street Park.
- Thanked CITY MANAGER WILLIE HOPKINS, JR. and staff for the addressing the issue.
PERRY PACK, BARSTOW, CALIFORNIA
- Expressed appreciation for the City Council and staff for their hard work. - Discussed concerns with MAYOR COURTNEY and CITY ATTORNEY MATTHEW SUMMERS. - Asked for a written response on if MAYOR COURTNEY'S actions were civilly and criminally legal.
JANE BROCKHURST, MAIN STREET MURALS/DESERT DISCOVERY CENTER - Asked the City Council to reinstate the City mural program. - Requested a meeting with the City Manager and Council to discuss the program.
EUGENE BUTTICCI, BARSTOW AREA CHAMBER OF COMMERCE
- Expressed support for the Main Street Mural program.
- Stated that the Chamber receives inquiries from tourists interested in viewing the murals.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked when the third-party investigation would conclude. Stated there are citizens interested in being interviewed.
- Requested a copy of the letter from the City Attorney to the Mayor regarding repayment of mileage reimbursements.
- Asked for a presentation on Burrtec rates as they related to SB 1383 organics recycling. - Asked how the Council would be handling the censure of MAYOR COURTNEY.
JOHN CHRISTIANA, BARSTOW, CALIFORNIA
- Discussed concerns with his court case with the San Bernardino County Superior Court.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Stated he never received responses to his questions from the February 7, 2022 and February 22, 2022 Council meetings.
Minutes-March 7, 2022
JIM BROWN, BARSTOW, CALIFORNIA
- Discussed concerns with CITY ATTORNEY MATTHEW SUMMERS.
BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Stated the next Homeward Bound Committee meeting was scheduled for March 9, 2022. - Provided an update on the 2022 Homeless Point and Time Count held on February 24, 2022. - Stated the Rules and Policy Town Hall would be March 23, 2022 at the Cora Harper Center. - Addressed the demand letter for MAYOR COURTNEY's repayment of ineligible mileage reimbursements.
- Asked staff to follow-up on responding to Mr. Williams' questions regarding EC Barstow and Mr.
Hernandez's questions.
- Requested that the Main Street Mural program be funded in the Fiscal Year 2022-2023 budget.
MAYOR PRO TEM NOBLE
- Stated the next Military Affairs Committee meeting was scheduled for March 8, 2022 and the next Victor Valley Transit Authority meeting was scheduled for March 21, 2022. - Asked the community to pray for all members of the military. - Requested an update on the Indian casino.
- Asked staff to continue to follow-up on the parks maintenance issues.
COUNCIL MEMBER DYER KRUSE
- No committee reports.
- Stated that the March Streets Committee meeting was cancelled. - Thanked staff for composing the letter that the Council sent to the fire agencies who assisted with David Spink's memorial.
- Expressed support for the Main Street Mural program resuming. - Thanked staff for always providing information and clarification on agenda items.
COUNCIL MEMBER SILVA
- Requested that the Main Street Mural program be funded in the Fiscal Year 2022-2023 budget. - Asked that the student pledge leader program for Council meetings be reinstated. - Stated that AB1749 was discussed at the February Mojave Desert Air Quality Management District board meeting. Stated he would provide more information to the City Manager on how the legislation would impact Barstow.
MAYOR COURTNEY
- Stated he attended the grand openings of Sliderz and Mo', Dutch Brothers Coffee and Apple Valley Tax service.
- Discussed the March San Bernardino County Transportation Authority board meeting. - Also discussed other events including the High Desert Mayor's meeting, Reaching our Kids event, Dreamers Visionaries and Leaders event and Skyline School Family Night. - Expressed support for the Main Street Mural program resuming.
STAFF REPORTS:
None
POLICE CHIEF COMMENTS:
POLICE CHIEF ANDREW ESPINOZA JR.
- Thanked the community for attending the March 1st Coffee with a Cop event. - Stated the Barstow Police Activities League Softball Tournament was scheduled for March 12, 2022.
- Stated the new Police K-9 has completed training.
Minutes-March 7, 2022
- Thanked police and fire personnel for their efforts with handling recent arson incidents.
FIRE CHIEF COMMENTS:
ACTING FIRE CHIEF NICK DINAPOLI
- Thanked police and fire personnel for their efforts with handling recent arson incidents. - Thanked the Mayor and Council for their support.
- Discussed concerns with personnel and equipment shortages.
CITY MANAGER / DISTRICT MANAGER COMMENTS:
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that PARKS AND RECREATION SUPERINTENDENT KYLE WOOLEY was working on an assessment of all City parks.
- Stated that the First Street Bridge would be addressed. - Addressed concerns with recent citizen public comments about not receiving a response to questions asked. Stated that staff has provided responses.
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
10. FISCAL YEAR 2021-22 MID-YEAR BUDGET STATUS REPORT & PROPOSED BUDGET
ADJUSTMENTS
Recommended Action:
1. Staff recommends that the City Council / Fire Board approve the budget adjustments and related transfers within the Budget Adjustments contained within the "Attachment 2” as discussed herein.
2. Staff recommends that the City Council / Fire Board approve the Capital Improvement Plan (CIP), Capital Equipment, and Special Revenue carryforwards, and related transfers in conjunction with the aforementioned carryforward budgets, contained in "Attachment 2" of this staff report.
INTERIM FINANCE DIRECTOR MARC PUCKETT
- Presented the staff report as filed with the City Clerk. - Provided an overview of General Fund revenues and expenditures along with an overview of the Measure Q and Barstow Fire Protection District funds.
SPEAKERS
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Asked if the overtime costs for the Police ($225K) and Fire ($450K) departments were ever approved publicly by the Council.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that he has repeatedly requested the amount of interest earned in the Measure Q fund and has not received a response.
- Asked how the interest earned in the Measure Q fund was allocated.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
Minutes-March 7, 2022
11. DECLARATION OF LOCAL EMERGENCY WITHIN THE CITY OF BARSTOW Recommended Action:
Call a State of Emergency within the City of Barstow as a result of damage sustained to the First Street Bridge caused by a single-vehicle collision that occurred on February 19, 2022.
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that Items 11, 12 and 13 would be considered together. - Presented the staff reports as filed with the City Clerk.
GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Provided an update on the repairs of the First Street Bridge.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
12. APPROVE RESOLUTION 5081-2022 CONFIRMING THE CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES’ DECLARATION OF THE EXISTENCE OF A LOCAL EMERGENCY
FOR THE CITY OF BARSTOW
Recommended Action:
Approve Resolution 5081-2022 confirming the City Manager/Director of Emergency Services’ declaration of the existence of a local emergency for the City of Barstow.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
13. APPROVE RESOLUTION NO. 5082-2022 AUTHORIZING THE CITY ENGINEER, WITH THE
APPROVAL OF THE CITY MANAGER, TO ENGAGE THE SERVICES OF CONTRACTORS TO
CONSTRUCT URGENT AND NECESSARY REPAIRS TO THE FIRST STREET BRIDGE PURSUANT TO PUBLIC CONTRACTS CODE SECTION 22050
Recommended Action:
Approve Resolution 5082-2022 authorizing the City Engineer, with the approval of the City Manager, to engage the services of contractors to construct urgent and necessary repairs to the First Street Bridge pursuant to Public Contracts Code Section 22050 in an amount not to exceed $250,000.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked why the source of funding was not included in the agenda item. - Asked if the City would be reimbursed for repairs.
Minutes-March 7, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
14. POTENTIAL TRANSITION TO FIVE VOTING DISTRICTS: CONSIDERATION OF ADOPTION OF RESOLUTION NO. 5083-2022 SUBMITTING BALLOT MEASURE TO REPEAL MEASURE
G AND CONVERT DIRECTLY ELECTED OFFICE OF MAYOR INTO AN APPOINTED MAYOR
POSITION FROM AMONG FIVE CITY COUNCIL MEMBERS ELECTED BY-DISTRICT TO THE CITY’S VOTERS AT THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION Recommended Action:
Staff recommends the City Council consider whether to adopt a Resolution ordering the submission to the qualified electors of the City a measure regarding whether to transition from an election system with four by-district councilmembers and a mayor elected at-large to an election system with five by-district councilmembers at the general municipal election to be held on Tuesday, November 8, 2022.
CITY ATTORNEY MATTHEW SUMMERS
- Presented the staff report as filed with the City Clerk. - Stated voter approval would be needed to transition to five districts and the ballot measure could be on the November 8, 2022 ballot with the change being effective upon expiration of the Mayor's term in 2024.
MAYOR PRO TEM NOBLE
- Asked if election costs had been determined by the County Registrar of Voters.
CITY ATTORNEY MATTHEW SUMMERS
- Noted that the cost of the election had not been determined.
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that staff would get the election costs from the County.
COUNCIL MEMBER ROSE
- Expressed support for the transition especially to ensure the position is represented by someone concerned with Barstow's best interest.
COUNCIL MEMBER DYER KRUSE
- Stated that approximately 35-40 community members she polled were in support of directly electing the Mayor.
- Discussed the responsibilities of the Mayor and the time commitment involved.
MAYOR COURTNEY
- Thanked COUNCIL MEMBER DYER KRUSE for the information. - Discussed the responsibilities of the Mayor and the time commitment involved.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with prior Mayors dictating policy and discussed the importance of having a different Mayor and perspective each year.
MOTION BY COUNCIL MEMBER SILVA, SECONDED BY COUNCIL MEMBER ROSE, TO OPEN THE ITEM FOR DISCUSSION.
Minutes-March 7, 2022
COUNCIL MEMBER SILVA
- Discussed the threat of litigation that resulted in the City transitioning to by-district voting and he would support electing the Mayor if the Council seats were elected at-large. - Stated the voters should decide whether to elect or appoint the Mayor.
RESULT: APPROVED [3 TO 2]
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Rose, Silva
NAYS: Kruse, Courtney
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 9:15 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