BARSTOW CITY COUNCIL
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MARCH 21, 2022
7:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
REGULAR MEETING
Minutes-March 21, 2022
CALL TO ORDER :
MAYOR COURTNEY called the meeting to order at 7:00 P.M.
INVOCATION:
MAYOR PRO TEM NOBLE gave 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 “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.
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 21, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider one item of initiation litigation. Direction was provided to counsel. No reportable action was taken.
PRESENTATIONS:
1. PRESENTATION OF RESOLUTION FROM THE COUNTY OF SAN BERNARDINO BOARD OF
SUPERVISORS TO BARSTOW FIRE PROTECTION DISTRICT AND MCLB FIRE Recommended Action:
Presentation only.
ELAINE VILLAREAL, FIELD REPRESENTATIVE FOR COUNTY SUPERVISOR DAWN ROWE - Presented a resolution from the County of San Bernardino Board of Supervisors to the Barstow Fire Department and Marine Corps Logistics Base (MCLB) Fire staff for their heroic actions in rescuing a woman and her son from a vehicle fire along eastbound Interstate 40 on November 6, 2021.
RESULT: PRESENTATION ONLY
2. AFTER-EVENT REPORT AND PRESENTATION BY BARSTOW HIGH SCHOOL ASB Recommended Action:
After-event report and presentation only.
Postponed.
RESULT: PRESENTATION ONLY
3. TREASURER'S REPORT - JANUARY 2022
Recommended Action:
Presentation only.
CITY TREASURER MIKE LEWIS
- Presented the January 2022 Treasurer's Report of Cash and Investments. - Stated that the ending book value was $15.3 million, which included the Union Bank account balance, Local Agency Investment Fund and Petty Cash balances.
SPEAKERS
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Asked how much interest was allocated in Measure Q.
- Asked what that City's allocation of American Rescue Plan Act funds were. - Asked how the General Fund balance went from an $8 million deficit to a $11 million balance in two months.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked how much interest was earned in the pool of surplus funds. - Asked why copies of the Treasurer's Report were not made available to the public.
Minutes-March 21, 2022
CITY TREASURER MIKE LEWIS
- Stated the interest rate earned was .234% and the Treasurer’s Report was included in the agenda packet.
RESULT: PRESENTATION ONLY
CONSENT CALENDAR PUBLIC COMMENT:
No public comments.
MINUTES ALL AGENCIES:
4. MINUTES JOINT SPECIAL MEETING - MARCH 7, 2022 7:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
CITY COUNCIL:
5. COMMUNITY PROMOTIONAL FUND APPLICATION FROM THE BARSTOW POLICE DEPARTMENT/2022 BAKER TO VEGAS RELAY RACE
Recommended Action:
Approve Community Promotional Fund donation in the amount of $500.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
6. BARSTOW YOUTH SPORTS COALITION - LONG TERM TEMPORARY USE PERMIT & FEE WAIVER
Recommended Action:
Staff recommends granting a long term Temporary Use Permit for the Farmer’s Market beginning in April of 2022, along with waiving fees associated with the Temporary Use Permit. In addition, Staff recommends granting the City Manager permissions to approve any modifications to dates and/or frequency of the Farmer’s Market.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
Minutes-March 21, 2022
7. FIRST READING AND INTRODUCTION OF AN ORDINANCE OF THE CITY OF BARSTOW
REQUIRING E-FILING OF STATEMENT OF ECONOMIC INTERESTS AND CAMPAIGN
FINANCE FORMS
Recommended Action:
Waive first reading and introduce Ordinance 988- 2022 to mandate electronic and paperless filing of Fair Political Practices Commission campaign disclosure statements and statements of economic interest (Form 700). 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: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
DISCUSSION / ACTION ON DEFERRED ITEMS:
None
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.
KAMBIZ MOORIDI, BARSTOW, CALIFORNIA
- Discussed concerns with not receiving any responses to his questions. - Also cited concerns with the public addressing personal issues at Council meetings.
JIM EICHLER AND ALBERT TORO, HI DESERT YOUTH SHOOTERS
- Requested a fee waiver for their event at the Cora Harper Center on April 23, 2022.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Discussed a recent news article featuring MAYOR COURTNEY and statements regarding race.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Asked if EC Barstow parking lot and sign were ADA compliant. - Discussed recent news article featuring MAYOR COURTNEY and statements regarding race. - Also noted MAYOR COURTNEY'S statement regarding top three City Manager candidates was a Brown Act violation.
PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Discussed concerns with the public addressing personal issues at Council meetings and expressed support for MAYOR COURTNEY.
DARRIN FIKSTAD, BARSTOW, CALIFORNIA
- Asked why he received a citation for not having a business license when his business has not open yet.
Minutes-March 21, 2022
JIMMY BROWN, BARSTOW, CALIFORNIA
- Asked the Council to support and invest in the Fire, Police and Parks and Recreation Departments.
PERRY PACK, BARSTOW, CALIFORNIA
- Asked the Council to support and invest in the Fire Department.
FRANK DILLARD, BARSTOW, CALIFORNIA
- Expressed support for the Fire Department and stated that more events should be held in the downtown area.
BILLIE BRAUN, BILLIE'S KITCHEN
- Invited the Council and community to attend Billie's Kitchen Karaoke on the Patio event on the fourth Saturday of each month, 12 - 4 pm.
- Read statements of appreciation from the Letters to Santa participants.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that the February 22, 2022 Council meeting broadcast on Channel 6 ends at the First Avenue Bridge update and does not include Item 11 discussion of MAYOR COURTNEY'S mileage reimbursement.
- Asked the City Attorney to report at the April 4, 2022 Council meeting on whether MAYOR COURTNEY paid the City for the mileage reimbursement by the March 31, 2022 deadline. - Requested a meeting to inform the public of the SB 1383 Organics Recycling program. Stated the letter sent to residents did not explain the process thoroughly. - Expressed concerns about two Police Officers being present at City Council meetings and noted the public viewed their presence as intimidation.
- Stated that as a former Council Member, she requested the establishment of the Measure Q oversight committee with the intent of making the public aware of how funds were spent especially when expenditures exceeded revenues.
- Asked for the status on soliciting Federal and State Lobbyist services.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that he did not appreciate MAYOR COURTNEY calling him a liar at the March 7, 2022 Council meeting.
- Discussed concerns with not receiving requested documents and responses in a timely manner. - Stated public questions should be answered in a public forum. - Asked when the plan to repair/improve City parks would be available for the public to review.
ROLAND ULLOA, DOS COSTAS COMMUNICATIONS
- Commended CITY MANAGER WILLIE HOPKINS JR. and the Council. - Asked the Council and community to work together to address larger issues instead of smaller, personal issues.
MANNY LOPEZ, DOS COSTAS COMMUNICATIONS
- Asked the Council and community to work together to address larger issues instead of smaller, personal issues.
- Invited staff and the Council to attend the New Mexico Chili Cook Off and Belen Fiesta on April 9, 2022.
BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Discussed the March 9, 2022 Homeward Bound Committee meeting stating that staff was researching applying for the Project Homekey grant. Stated that the next meeting was April 13, 2022.
Minutes-March 21, 2022
- Encouraged the community to attend the March 23, 2022 Rules and Policies Town Hall meeting to discuss the Rental Inspection Ordinance.
- Discussed Women's History Week/Month.
MAYOR PRO TEM NOBLE
- Stated that an item of interest for Barstow would be discussed at the April 18, 2022 Victor Valley Transit Authority meeting.
COUNCIL MEMBER DYER KRUSE
- No committee reports.
- Stated she recently attended the retirement ceremony for Lt. Bilas at MCLB and the Farmer's Market.
- Reminded the community to attend Caleb's Super Hero Run on March 26, 2022 at the Sports Park.
COUNCIL MEMBER SILVA
- Stated he also attended the March 9, 2022 Homeward Bound Committee meeting. - Asked CITY MANAGER WILLIE HOPKINS, JR. to provide an update on all of the City's development agreements.
MAYOR COURTNEY
- Stated the First Avenue Bridge was now open to the public. - Discussed recent meeting with Shiloh Medical Clinic.
- Discussed meetings and events attended including retirement ceremony for Lt. Bilas at MCLB, San Bernardino County Transportation Authority (SBCTA) Regional Meeting, New Hope Village Open House and Barstow Chamber of Commerce meetings.
STAFF REPORTS:
None
POLICE CHIEF COMMENTS:
POLICE CHIEF ANDREW ESPINOZA, JR.
- Stated that the Police Department would be hosting a meet and greet event with Barstow Church of God in Christ on April 2, 2022 from 11:30 AM - 1 PM.
- Stated an active shooter training would be held at Barstow High School on Wednesday March 23, 2022.
- Discussed the Military Equipment Policy and provided an update on new hires.
FIRE CHIEF COMMENTS:
ACTING FIRE CHIEF NICK DINAPOLI
- Thanked the County Board of Supervisors for presenting the resolution to the Fire Department and MCLB.
CITY MANAGER / DISTRICT MANAGER COMMENTS:
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that fees would be waived for the Farmer's Market event for the next six months. - Informed the Council and community that Barstow received a Standard and Poor's A+ credit rating. - Stated that a workshop would be held on March 30, 2022 to address issues with the Fire District and parks.
Minutes-March 21, 2022
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
8. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW
CONFIRMING THE ISSUANCE OF PENSION OBLIGATION BONDS PURSUANT TO AN
INDENTURE OF TRUST TO REFINANCE THE OUTSTANDING OBLIGATIONS OF THE CITY TO THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM, CONFIRMING AND
APPROVING THE FINAL FORM OF INDENTURE OF TRUST AND THE BOND PURCHASE
AGREEMENT, APPROVING AN OFFICIAL STATEMENT, AND APPROVING AND DIRECTING
RELATED MATTERS
Recommended Action:
Adopt Resolution Number 5084- 2022 confirming approval of Pension Obligation Bonds and related documents.
INTERIM FINANCE DIRECTOR MARC PUCKETT
- Presented the staff report as filed with the City Clerk. - Stated that pursuant to Resolution No. 5062-2021, adopted by the City Council on October 4, 2021, the City Council previously approved the issuance of one or more series of pension obligation bonds, directed staff to institute a judicial validation action, and directed staff to submit the necessary documents for an initial series of pension obligation bonds (“Pension Obligation Bonds”) to the City Council for approval.
COUNCIL MEMBER SILVA
- Asked about bond purchase agreement, Section 3 and if Exhibit A's maturity schedule should have figures included.
INTERIM FINANCE DIRECTOR MARC PUCKETT AND CHRIS LYNCH OF JONES HALL - Stated Exhibit A figures would be included at the date of pricing the bonds.
SPEAKERS
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that the City's unfunded liability was 80% yet the statement states it was now 75%. - Stated that the statement in the documents regarding housing development was inaccurate. - Expressed concern with the General Fund guaranteeing the bonds and not having bond insurance. - Asked what the contingency plan would be if the Fire District was no longer a subsidiary of the City. - Expressed disapproval of refinancing the pension obligation bonds.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Asked if Measure Q funds were legally accessible to the City for the debt service.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with allocating Measure Q revenue for bond debt service. - Suggested lowering the principal balance on the debt. - Asked how debt would be funded if Measure Q was gone.
INTERIM FINANCE DIRECTOR MARC PUCKETT
- Stated there were no metrics for unfunded liability percentages and the current unfunded liability amount was $33 million to-date (or 26.4%).
- Stated costs would be lowered by refinancing the bond debt which was currently 6.08% to 4.45% for City miscellaneous and Police Department employees. Savings would be $2.5 million per year. - Discussed housing market information in the disclosures stating that all information and sources were vetted and attributed.
Minutes-March 21, 2022
CHRIS LYNCH OF JONES HALL
- Stated that unfunded liability debt would be paid off two years earlier.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
ADJOURNMENT:
By the consensus of the City Council and without objection, the joint special 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