BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MAY 2, 2022
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-May 2, 2022
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the Closed Session meeting to order at 6:01 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.
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 TWO 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-May 2, 2022
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
CLOSED SESSION AGENDA ITEMS:
1. CONFERENCE WITH LABOR NEGOTIATORS
Recommended Action:
Conference with Labor Negotiators (Government Code Section 54957.6) City/District Negotiator:
City Manager / District Administrator Willie A. Hopkins Jr.
Employee Organization:
Unit 5 Barstow Professional Firefighters’ Association
CALL TO ORDER - REGULAR MEETING 7:00 PM (or immediately following adjournment of Closed Session if adjourned after 7:00 PM):
MAYOR COURTNEY called the Regular Meeting to order at 7:09 P.M.
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider one item of labor negotiations with Unit 5 Barstow Professional Firefighters’ Association. No reportable action was taken.
INVOCATION:
PASTOR STEPHEN REYNOLDS from FIRST BAPTIST CHURCH BARSTOW gave the invocation.
PLEDGE OF ALLEGIANCE:
CERA HOODY, a student at Barstow Junior High School, 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.
Minutes-May 2, 2022
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: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
PRESENTATIONS:
2. PRESENTATION OF CERTIFICATE FOR BARSTOW COMMUNITY COLLEGE LADY VIKINGS Recommended Action:
Presentation only.
A certificate of appreciation was presented to the Barstow Community College Lady Vikings and head coach Harold Hicks for making the CCCCAA playoffs since at least 2009. The Lady Vikings share the Inland Empire Athletic Conference Softball Title with Chaffey College for first place in the Inland Empire Athletic Conference standings.
SPEAKERS
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Commended coach Harold Hicks and the Lady Vikings.
RESULT: PRESENTATION ONLY
3. PRESENTATION OF A PROCLAMATION DESIGNATING THE WEEK OF MAY 1-7, 2022 AS
PROFESSIONAL MUNICIPAL CLERKS WEEK IN BARSTOW
Recommended Action:
Presentation only.
- The Mayor and Council presented a proclamation to CITY CLERK ANDREA FLORES and CITY CLERK SERVICES MANAGER CHRISTINA RUDSELL designating the week of May 1-7, 2022 as Professional Municipal Clerks Week in Barstow.
RESULT: PRESENTATION ONLY
4. AFTER-EVENT REPORT AND PRESENTATION BY THE BARSTOW POLICE DEPARTMENT Recommended Action:
After-event report and presentation only.
SERGEANT JOSE BARRIENTOS
- Provided an after-event report and presentation on the Baker to Vegas Relay Race held on April 9, 2022.
Minutes-May 2, 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.
MINUTES ALL AGENCIES:
5. MINUTES REGULAR MEETING - APRIL 18, 2022 5:00 P.M.
Recommended Action:
Approve minutes as presented.
COUNCIL MEMBER SILVA
- Asked for a correction on his comments in the Business of the Council/Council Committee Reports section of the minutes regarding the renaming of the streets. Stated he directed staff to look into the renaming of streets, but did not make a motion on a non-agenized item.
MOTION BY COUNCIL MEMBER SILVA, SECONDED BY COUNCIL MEMBER DYER KRUSE, AND UNANIMOUSLY CARRIED, TO APPROVE THE APRIL 18, 2022 REGULAR MEETING MINUTES AS AMENDED.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
ACCOUNTS PAYABLE ALL AGENCIES:
6. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #87253-87427 totaling $2,372,451.21 and wires #797-800 totaling $176,187.25, per the Agency breakdown below:
City: $2,329,381.44
Fire: $219,257.02
Successor Agency: $0.00
Grand Total: $2,548,638.46
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked for clarification on check #87314 payable to the Office of Homeless Services. - Asked why check #87400 payable to Mojave Toyota lists the individual officer’s name on the warrant.
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Stated that there should be an investigation on the $2.4 million development incentive for the Marriott Hotel.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asked for clarification on check #82788 and asked what the $9,125.10 in additional services was for.
Minutes-May 2, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
CITY COUNCIL:
7. SECOND READING AND ADOPTION OF ORDINANCE 989-2022 OF THE CITY OF BARSTOW APPROVING THE BARSTOW POLICE DEPARTMENT’S PROPOSED “MILITARY EQUIPMENT” USE PROCEDURE AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 7070
Recommended Action:
Staff recommends City Council adopt Ordinance 989-2022 adopting the Department’s proposed “military equipment” use procedure. The adoption of the proposed ordinance is exempt from review under the California Environmental Quality Act (“CEQA”), per CEQA Guidelines Section 15378(b)(2, 5).
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
8. COMMUNITY PROMOTIONAL FUND APPLICATION FROM RELAY FOR LIFE / AMERICAN
CANCER SOCIETY
Recommended Action:
Approve Community Promotional Fund donation in the amount of $1,500.
RESULT: PULLED
9. CONSIDERATION TO CANCEL THE CITY COUNCIL MEETING SCHEDULED FOR JULY 4, 2022
Recommended Action:
Cancel the July 4, 2022, City Council meeting.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
10. ADOPTION OF A RESOLUTION UPDATING THE CITY OF BARSTOW’S EXPENSE
REIMBURSEMENT POLICIES TO SEPARATELY REGULATE EXPENSES FOR CITY
ELECTED AND APPOINTED OFFICIALS AND FOR CITY EMPLOYEES
Recommended Action:
The Rules and Policy Committee recommends the City Council adopt a proposed Resolution updating the City of Barstow’s Expense Reimbursement Policies to separately regulate expenses for City elected and appointed officials and for City employees.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if an elected official still needed advance approval for travel by the Council as stipulated in the policy adopted in 2018.
Minutes-May 2, 2022
- Asked if elected official would be reimbursed for mileage if the Council did not approve travel in advance.
COUNCIL MEMBER SILVA
- Asked that the Section G9 (Meals) of both policies state that "itemized receipts" were required. - Also asked for that the second sentence of Section G9 be struck since it did not apply to the City Council.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that there was a typographical error in Section F of the Elected Officials Policy.
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:
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.
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Requested that the City Clerk not start the timer during Public Comments until he starts speaking. - Asked for clarification on being allowed to wear a costume during the Council meetings. - Asked for a list of condemned properties and for monitoring of the new cannabis businesses.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Thanked CITY MANAGER WILLIE HOPKINS, JR. for addressing the issues with Channel 6. - Stated that there was no sound during the April 26, 2022, Planning Commission meeting broadcast. - Expressed concern with the employer of one of the Council Members serving as a consultant to one of the cannabis businesses.
- Stated MAYOR COURTNEY should not read the Code of Ethics at each meeting. - Expressed concern with the number of police officers present at each Council meeting. - Asked why MAYOR COURTNEY has not repaid the mileage reimbursement due.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked what action would be taken by the City Attorney and City Council on MAYOR COURTNEY's refusal to repay the mileage reimbursement.
- Discussed concerns with a recent newspaper article discussing the Pension Obligation Bonds refinance savings.
DESIREE JACKSON, BARSTOW, CALIFORNIA
- Asked what summer jobs or activities were available to the local youth.
Minutes-May 2, 2022
CERA HOODY, BARSTOW, CALIFORNIA
- Stated that there needed to be more activities for the youth. - Requested help for the local homeless.
EUGENE BUTTICCI, EXECUTIVE DIRECTOR, BARSTOW AREA CHAMBER OF COMMERCE - Discussed recent events including Barstow Community College's Career Fair, Earth Day, and ribbon cuttings.
- Also discussed upcoming events including the Farmer's Market and Barstow Community Coalition's Resource Fair.
ROLAND ULLOA, DOS COSTAS COMMUNICATIONS
- Mentioned they have received some complaints and questions regarding the legal dispensary in Barstow.
- Asked what were the City's standards and practices regarding ownership, investment, loans, speculation on city properties, employees, and elected officials. - Asked who were the owners of the local dispensaries.
- Asked if the State of California allows Proxies, Straw-Man, etc. to own dispensaries for someone else.
- Asked if the City has any employees or elected officials who have ownership of any kind, including loans, promissory notes, or barter of any kind.
- Asked if the application for the first dispensary was fast-tracked. - Asked why Code Enforcement allowed a cannabis dispensary to be open inside a family restaurant. - Asked about the status of the Boys and Girls Club.
FRANK DILLARD, BARSTOW, CALIFORNIA
- Discussed concerns with not having a community newspaper or having HD Straight Talk on the air. - Also discussed concerns with the sidewalk along the First Street Bridge.
PRISCILLA FIELD, BARSTOW, CALIFORNIA
- Discussed concerns with the community and Council's treatment of MAYOR COURTNEY.
ANTHONY BROWNE, BARSTOW, CALIFORNIA
- Expressed support for MAYOR COURTNEY.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with crime rates in Barstow.
- Also discussed concerns with MAYOR COURTNEY's statements regarding the prior administration mismanaging Measure Q funds.
JIM BROWN, BARSTOW, CALIFORNIA
- Discussed concerns with Measure Q funds not being spent properly.
BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Asked CITY ATTORNEY MATTHEW SUMMERS if MAYOR COURTNEY repaid the mileage reimbursement.
- Discussed April 26, 2022 Rules and Policies Committee meeting and stated the next meeting would be May 31, 2022.
- Stated the next Homeward Bound Committee meeting would be May 11, 2022. - Discussed the recent Barstow High School Mr. Aztec competition. - Expressed concerns with MAYOR COURTNEY's recent interview on local radio station Talk 960 and his treatment of staff, Council Members, and community members.
Minutes-May 2, 2022
MAYOR PRO TEM NOBLE
- Discussed recent events attended including the KFC Ribbon Cutting and the Wine and Goods Auction.
- Stated the next Military Affairs meeting was May 10, 2022 and the next Victor Valley Transit Authority meeting would be held on May 16, 2022 in the Council Chambers.
COUNCIL MEMBER DYER KRUSE
- Discussed the recent Earth Day event and the Economic Development Committee meeting. - Stated the next Streets Committee meeting would be May 4, 2022 and the next Solid Waste JPA meeting would be May 12, 2022.
- Also mentioned that the Mojave River Museum BBQ and the Maternal Resource Expo would be on May 14, 2022.
- Asked CITY MANAGER WILLIE HOPKINS, JR. and staff to update the website with more community events and updated content.
COUNCIL MEMBER SILVA
- Discussed the April 25, 2022 Mojave Desert Air Quality Management District meeting. - Asked that all ribbon-cutting certificates include signatures of all Council Members.
MAYOR COURTNEY
- Discussed recent events attended including the KFC Ribbon Cutting and the Mojave River Academy School Career Day.
- Stated the next San Bernardino County Transportation Authority meeting would be on May 4, 2022.
STAFF REPORTS:
None
POLICE CHIEF COMMENTS:
POLICE CHIEF ANDREW ESPINOZA, JR.
- Commended staff on recent critical incidents they handled during the week. - Provided an update on recruitment.
- Invited the community to attend the Public Safety Fair on May 7, 2022, 10 am - 2 pm.
FIRE CHIEF COMMENTS:
ACTING FIRE CHIEF NICK DINAPOLI
- Thanked the community for their support of the Barstow Fire Protection District.
CITY MANAGER / DISTRICT MANAGER COMMENTS:
CITY MANAGER WILLIE HOPKINS, JR.
- Discussed the April 22, 2022 League of California Cities Desert Mountain Division meeting. - Stated that the City was working on a possible summer golf program at the Marine Corps Logistics Base.
- Stated that the City was collaborating with Barstow High School to expand summer parks and recreation programs as well as student employment opportunities. - Mentioned an agreement with Main Street Murals would be on an upcoming City Council agenda.
PARKS AND RECREATION SUPERINTENDENT KYLE WOOLEY
- Discussed Barstow Cinema's Summer Movies Series that would be offered, free of charge, for nine weeks starting May 30, 2022.
Minutes-May 2, 2022
BUSINESS / ACTION ITEMS:
None
ADJOURNMENT:
By the consensus of the City Council and without objection, the joint special meeting was adjourned at 8:56 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