BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
APRIL 4, 2022
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-April 4, 2022
CALL TO ORDER - CLOSED SESSION:
MAYOR PRO TEM NOBLE called the Closed Session meeting to order at 6:01 P.M.
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 Absent
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.
PUBLIC COMMENT - CLOSED SESSION: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC
TO ADDRESS THE GOVERNING BOARD ON MATTERS ON THE CLOSED SESSION 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.
NONE.
Minutes-April 4, 2022
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Silva
ABSENT: Courtney
CLOSED SESSION AGENDA ITEMS:
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Recommended Action:
(Government Code Section 54957)
Title: City Manager
2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Recommended Action:
(Gov't Code Section § 54956.9(d)(4))
Number of Potential Cases: 1.
CALL TO ORDER - REGULAR MEETING 7:00 PM (or immediately following adjournment of Closed Session if adjourned after 7:00 PM):
MAYOR PRO TEM NOBLE called the Joint Special Meeting to order at 7:02 P.M.
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- Item #1 Read a statement on behalf of the City Council regarding the hiring of the City Manager.
Stated that a quote by MAYOR COURTNEY in a newspaper article dated March 17, 2022 in the Precinct Reporter, is false and he was not one of the three votes initially in support of hiring the City Manager.
- Item #2 The City Council met in Closed Session to consider one item of initiation of litigation.
Direction was provided to counsel. No reportable action was taken.
INVOCATION:
COUNCIL MEMBER ROSE led the invocation.
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER SILVA 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 Absent
Timothy Silva Council Member Present
Minutes-April 4, 2022
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Silva
ABSENT: Courtney
PRESENTATIONS:
3. PRESENTATION OF PROCLAMATION TO DONATE LIFE CALIFORNIA IN RECOGNITION
OF DMV/DONATE LIFE MONTH
Recommended Action:
Present proclamation to Donate Life California in recognition of DMV/Donate Life California Month.
The Council presented a proclamation to Donate Life California in recognition of DMV/Donate Life California Month.
RESULT: PRESENTATION ONLY
4. AFTER-EVENT REPORT AND PRESENTATION BY THE ASSOCIATION OF THE UNITED
STATES ARMY
Recommended Action:
After-event report and presentation only.
RESULT: PRESENTATION ONLY - CONTINUED Next: 4/18/2022 6:00 PM
5. MEASURE Q FUND FINANCIAL REPORT FISCAL YEAR 2021-2022 - 2ND QUARTER Recommended Action:
That the City Council receive and file the Measure Q sub-fund Financial Report for the 2nd Quarter of Fiscal Year 2021-2022 covering the period of October 1, 2021 - December 31, 2021.
INTERIM FINANCE DIRECTOR MARC PUCKETT
- Presented the Measure Q Fund Financial Report for the 2nd Quarter covering the period from October 1, 2021 - December 31, 2021.
- Stated that there were $3,114,936.12 in expenditures and $2,444,685.06 in revenues. Stated expenditures exceeded revenues by $670,251.06.
Minutes-April 4, 2022
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.
MAYOR PRO TEM NOBLE CALLED FOR A VOTE ON CONSENT CALENDAR ITEMS 6 – 12.
MINUTES ALL AGENCIES:
6. MINUTES CLOSED SESSION MEETING - MARCH 21, 2022 6:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
AYES: Noble, Kruse, Rose, Silva
ABSENT: Courtney
7. MINUTES REGULAR MEETING - MARCH 21, 2022 7:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
AYES: Noble, Kruse, Rose, Silva
ABSENT: Courtney
ACCOUNTS PAYABLE ALL AGENCIES:
8. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for check #86949-87252 totaling $1,199,038.37 and wires #792-796 totaling $170,189.20, per the Agency breakdown below:
City: $1,143,944.15
Fire: $225,283.42
Successor Agency: $0.00
Grand Total: $1,369,227.57
LEONARD WILLIAMS,
- Asked for clarification check #'s 86952 payable to Barstow Humane Society, #86973 payable to Robbie Brand, and #87021 payable to Southwest Gas for a mental health building.
COUNCIL MEMBER ROSE
- Requested clarification on check #86973.
INTERIM FINANCE DIRECTOR MARC PUCKETT
- Stated that check #86973 was for extensive repairs to a police vehicle.
COUNCIL MEMBER DYER KRUSE
- Confirmed that check #86973 was not issued to Planning Commissioner Rodney Brand.
Minutes-April 4, 2022
RESULT: APPROVED [UNANIMOUS]
AYES: Noble, Kruse, Rose, Silva
ABSENT: Courtney
CITY COUNCIL:
9. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF BARSTOW
REQUIRING E-FILING OF STATEMENT OF ECONOMIC INTERESTS AND CAMPAIGN
FINANCE FORMS
Recommended Action:
Adopt Ordinance 988-2022 adding Chapter 2.56 to the City of Barstow Municipal Code 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]
AYES: Noble, Kruse, Rose, Silva
ABSENT: Courtney
10. COMMUNITY PROMOTIONAL FUND APPLICATION FROM HIGH DESERT JUNIOR
SHOOTERS
Recommended Action:
Approve Community Promotional Fund donation in the amount of $2,100 for waiver of fees for the use of the Cora Harper Center.
RESULT: APPROVED [UNANIMOUS]
AYES: Noble, Kruse, Rose, Silva
ABSENT: Courtney
11. APPROVAL AMENDMENT NO. 4 TO AGREEMENT NO. 15-1001119 FOR N. FIRST AVENUE
OVERHEAD BRIDGE OVER BNSF RAILROAD TRACKS
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Approve Project Funding Agreement 15-100119, Amendment 4 for the North First Avenue Overhead Bridge over BNSF Railroad with the City and SBCTA.
2. Approve funding amounts per Attachment B.
RESULT: APPROVED [UNANIMOUS]
AYES: Noble, Kruse, Rose, Silva
ABSENT: Courtney
12. AMENDMENT 1 TO AGREEMENT NO. 19-100226 FOR NORTH FIRST AVENUE OVERHEAD
BRIDGE OVER BNSF RAILROAD TRACKS
Recommended Action:
Staff recommend that the City Council take the following actions:
1. Approve Amendment 1 to Agreement 19-1002226 between the City and SBCTA.
2. Approve funding adjustments per Attachment A.
Minutes-April 4, 2022
RESULT: APPROVED [UNANIMOUS]
AYES: Noble, Kruse, Rose, Silva
ABSENT: Courtney
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.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Thanked resident Craig Harris for advocating for park improvements. - Discussed recent accomplishments of Barstow Youth Football.
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed concerns with the development incentive for the Marriott project, four-way stops throughout the City and the Barstow Police Department.
EUGENE BUTTICCI, EXECUTIVE DIRECTOR, BARSTOW AREA CHAMBER OF COMMERCE - Provided an update on April events including the career advisory event, EXP Career Fair, Easter Bunny Hop, Farmer's Market, Stewart's Tax Service Ribbon Cutting, Job Fair, Earth Day event, and Berkshire-Hathaway Home Services Ribbon Cutting.
- Asked the Council to consider an exception to a proposed illuminated image of Colonel Sanders at the new KFC that was denied by the Planning Commission.
IRA GWIN, BARSTOW, CALIFORNIA
- Asked the Council why they supported the Rental Inspection Ordinance. - Requested that the Council work with the community on an ordinance that would work for all stakeholders.
ROLAND ULLOA, DOS COSTAS COMMUNICATIONS
- Invited the community to attend the New Mexico Chili Cook-Off and Belen Festival on April 8, 2022 at Foglesong Park.
PERRY PACK, BARSTOW, CALIFORNIA
- Discussed concerns with the hit and run involving MAYOR COURTNEY along with his mileage reimbursement.
- Also stated that there needed to be due diligence with Parks and Recreation and Fire Department operations.
VIRGINIA BROWN AND YVONNE MALDONADO, BARSTOW, CALIFORNIA - Stated that the proponents to recall MAYOR COURTNEY are not soliciting donations or accepting online signatures.
Minutes-April 4, 2022
JIM BROWN, BARSTOW, CALIFORNIA
- Expressed opposition for transitioning to five voting districts.
BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER SILVA
- Provided an update on the March 28, 2022 Mojave Desert Air Quality Management District meeting. - Discussed the March 29, 2022 Rules and Policies meeting and stated the Rental Inspection Ordinance would likely be applicable to rentals of more than three units. - Addressed Mr. Brown's concerns regarding five voting districts and stated that the duties of an elected Mayor was to run the meetings and represent the City at meetings and events. - Also addressed concerns with MAYOR COURTNEY misinforming City staff and stating that COUNCIL MEMBERS SILVA and ROSE requested a six-month evaluation of CITY MANAGER WILLIE HOPKINS, JR. in order to terminate his contract. - COUNCIL MEMBER SILVA motioned, COUNCIL MEMBER DYER KRUSE seconded to censure MAYOR COURTNEY and limit his communication with City employees to only the City Manager due to the recent divisive statements.
COUNCIL MEMBER DYER KRUSE
- Stated she attended the Caleb's Super Hero Run and would be attending the upcoming dedication of the Bob Hope Center at Fort Irwin.
- Encouraged all to attend the upcoming Earth Day event.
COUNCIL MEMBER ROSE
- Stated the next Homeward Bound meeting was April 13, 2022. - Discussed the March 23, 2022 Rules and Policies Town Hall and stated the Council was receptive to working with concerned residents and property owners. - Provided an update on the March 29, 2022 Rules and Policies meeting and the March 30, 2022 parks needs assessment workshop.
MAYOR PRO TEM NOBLE
- Discussed upcoming community events he would be attending including the volunteer recognition, Bob Hope Center dedication and Farmer's Market.
- Asked if the Farmer's Market would be relocating to the downtown area. - Provided an update on the March 21, 2022 Victor Valley Transit Authority meeting. - Thanked City staff for all of their hard work.
STAFF REPORTS:
None.
POLICE CHIEF COMMENTS:
POLICE CHIEF ALBERT RAMIREZ, JR.
- On behalf of CITY MANAGER WILLIE HOPKINS, JR. stated that staff was continuing to address the issue with the parks.
- Thanked everyone who attended the recent BBQ and noted the Police Department would be present at the Chili Cook-Off.
- Discussed upcoming Baker to Vegas Run and Public Safety Fair on May 7, 2022.
FIRE CHIEF COMMENTS:
ACTING FIRE CHIEF NICK DINAPOLI
- Thanked the community for their support and invited all to attend the Public Safety Fair on May 7, 2022.
Minutes-April 4, 2022
CITY MANAGER / DISTRICT MANAGER COMMENTS:
None.
BUSINESS / ACTION ITEMS:
ADJOURNMENT:
By the consensus of the City Council and without objection, the joint special meeting was adjourned at 8:15 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