BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MAY 16, 2022
7:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-May 16, 2022
CALL TO ORDER :
MAYOR COURTNEY called the Regular Meeting to order at 7:00 P.M.
INVOCATION:
PASTOR YSIDRO ZAVALA OF VICTORY OUTREACH CHURCH 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-May 16, 2022
MAYOR COURTNEY requested that Item 7 be included as part of Presentations to accommodate representatives from the San Bernardino County Transportation Authority (SBCTA).
MOTION BY COUNCIL MEMBER SILVA, SECONDED BY COUNCIL MEMBER DYER KRUSE, and unanimously carried, to approve the agenda, moving Item 7 under Presentations and pulling Item 9.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
PRESENTATIONS:
1. AFTER-EVENT REPORT AND PRESENTATION BY THE HIGH DESERT JR. SHOOTERS Recommended Action:
After-event report and presentation only.
JIM EICHLER, HIGH DESERT JR. SHOOTERS
- Provided the after-event report for the Sport Shooting Banquet held April 23, 2022. - Thanked the City, staff and Council for their support.
RESULT: PRESENTATION ONLY
2. AFTER-EVENT REPORT AND PRESENTATION BY THE KIWANIS CLUB OF BARSTOW
CROSSROADS ON ITS ANNUAL WINE & GOODS AUCTION
Recommended Action:
After-event report and presentation only.
REPRESENTATIVES FROM THE KIWANIS CLUB OF BARSTOW CROSSROADS - Provided an update on the annual Wine & Goods Auction held April 30, 2022. - Thanked the City, staff and Council 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.
MINUTES ALL AGENCIES:
3. MINUTES JOINT SPECIAL MEETING - MAY 2, 2022 6:00 P.M.
Recommended Action:
Approve minutes as presented.
Minutes-May 16, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
CITY COUNCIL:
4. COMMUNITY PROMOTIONAL FUND APPLICATION FROM THE ART AND INDUSTRIAL
WOMEN'S CLUB
Recommended Action:
Approve a Community Promotional Fund donation in the amount of $1,000 to the Art and Industrial Women's Club.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
5. EXTENSION OF CONTRACT WITH SAN BERNARDINO COUNTY FOR HOUSEHOLD
HAZARDOUS WASTE COLLECTION
Recommended Action:
Approve the contract with San Bernardino County for Household Hazardous Waste Collection and direct the City Clerk to handle the execution of the agreement as instructed on the attached cover letter.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
6. FINAL ACCEPTANCE FOR THE HVAC REPLACEMENT AT THE HARVEY HOUSE, PROJECT 2021-02
Recommended Action:
Staff Recommends the City Council to take the following actions:
1. Approve the Final Acceptance of the Project 2021-02, HVAC Replacement at the Harvey House
2. Authorize staff to file the attached Notice of Completion RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
7. APPROVAL OF CONTRACT ORDER 8 AND 9 FOR FIRST AVENUE OVER BNSF PROJECT Recommended Action:
Staff recommends that the City Council approve the following
1. Approve Contract Change Order #8
2. Approve Contract Change Order #9
3. Authorize the City Manager to approve and sign required documentations.
Minutes-May 16, 2022
DR. RAYMOND WOLFE OF SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY - Provided an update on the North First Avenue Bridge (over BNSF Railroad) stating that final design was approved in March 2022, construction was scheduled for September 2022 with completion anticipated for May 2024.
- Discussed funding stating that the total cost was $84 million.
MAYOR COURTNEY
- Thanked Dr. Wolfe, SBCTA and staff for their efforts.
COUNCIL MEMBER ROSE
- Asked if the existing bridge would be accessible during construction. - Asked if Riverside Drive would be re-paved and enhanced in the event the bridge was not accessible.
- Also thanked the former administration and staff for their efforts.
CITY MANAGER WILLIE HOPKINS, JR.
- Stated the bridge would remain open during construction. - Stated that staff would work with the Streets Committee to identify funding and prioritize improvements to Riverside Drive.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
CITY COUNCIL / BFPD:
8. FIRE STATION ALERTING
Recommended Action:
Staff recommends the City Council:
Approve the allocation total of $267,064.07 from the American Rescue Plan Act (ARPA) Federal Grant to account number 202.202.202.08.814.
Approve the purchase of the ancillary items listed in Fiscal Impact, Authorize the City Manager to award the Fire Station Alerting contract to Giant Services, and the authority to sign all of the required contracts and purchasing documents.
PERRY PACK, BARSTOW, CALIFORNIA
- Suggested that additional Measure Q funds be allocated to the Fire Department.
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: (ITEMS PREVIOUSLY TABLED OR PULLED FROM
CONSENT CALENDAR BY COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME).
PUBLIC HEARINGS:
9. PROTEST HEARING - UNPAID NUISANCE ABATEMENT FEES
Recommended Action:
Conduct a protest hearing. Subject to testimony received, adopt attached Resolution No. XXXX- Minutes-May 16, 2022
2022, Making Determinations and Confirming Assessments and Proceedings for Unpaid Nuisance Abatement Fees, and waive the reading.
RESULT: PULLED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
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.
SKYLINE ELEMENTARY STUDENT COUNCIL
- Provided an update on recent spring events and activities. - Provided the results of the recent STEAM Fair and discussed grant opportunities that students were applying for.
- Discussed upcoming events including promotional events.
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. - Suggested moving the Farmer's Market to the downtown area and suggested hosting other events at that location.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if MAYOR COURTNEY repaid the mileage reimbursement and what corrective action would be taken by the Council if not paid.
- Expressed concerns with email protests not being accept for fee increases related to the SB 1383 Organics Recycling Program.
- Asked the City Attorney to research the legality of email protests. - Requested that the City Manager verbally provide responses to questions asked during public comments.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if CITY TREASURER MIKE LEWIS was investing in Barstow's cannabis industry. - Discussed concerns with possible conflicts of interest.
FRANCISCO MACHUCA, BARSTOW, CALIFORNIA
- Discussed concerns with the Barstow Police Department and Code Enforcement Department.
DONNA ROCHELLE, BARSTOW, CALIFORNIA
- Discussed concerns with a viscous dog recently attacking his dog and wife. - Asked for follow-up action from the City and Barstow Humane Society. - Asked where the homeless go for shelter and discussed concerns with the increase in population.
JAMAL ROCHELLE, BARSTOW, CALIFORNIA
- Discussed concerns with a viscous dog recently attacking his dog and wife. - Asked for follow-up action from the City and Barstow Humane Society.
PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Asked if the City Manager and Finance Director reviewed MAYOR COURTNEY's mileage reimbursement.
Minutes-May 16, 2022
- Asked if staff or the Council knew if MAYOR COURTNEY were aware of the 30-day reimbursement policy.
- Asked who was paying for the third-party investigation. - Discussed concerns with the recent censure of MAYOR COURTNEY.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asked if the $9,125.10 in additional services on check #82788 was for additional litigation. - Discussed concerns with statements made by MAYOR COURTNEY during a recent interview on Talk 960 radio.
PERRY PACK, BARSTOW, CALIFORNIA
- Discussed concerns with racist comments made by MAYOR COURTNEY.
BRIAN ZANE, BARSTOW, CALIFORNIA
- Discussed the upcoming Run for the Walls event starting on May 18, 2022, which honors veterans and their families.
- Encouraged the Council and community to attend.
NATHANIEL PICKETT, BARSTOW, CALIFORNIA
- Stated that voting district lines did not need to be redrawn per the law. - Discussed concerns with increased crime in Barstow.
- Also stated that the General Plan needs to be updated.
ANTHONY BROWNE, BARSTOW, CALIFORNIA
- Expressed concerns with recent social media posts from other community members.
VIRGINIA BROWN, BARSTOW, CALIFORNIA
- Discussed current efforts to recall MAYOR COURTNEY.
JIM BROWN, BARSTOW, CALIFORNIA
- Discussed concerns with racist comments made by MAYOR COURTNEY.
BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Asked ASSOCIATE CITY ATTORNEY EPHRAIM MARGOLIN, CITY MANAGER WILLIE HOPKINS, JR. and INTERIM FINANCE DIRECTOR MARC PUCKETT if MAYOR COURTNEY has repaid the mileage reimbursement that was due on March 31, 2022.
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that MAYOR COURTNEY has not repaid the mileage reimbursement to-date.
COUNCIL MEMBER ROSE
- Requested that the Council pursue next steps for repayment of the mileage reimbursement. - Addressed public comments from Priscilla Fields and Anthony Browne. - Provided an update on the May 11, 2022 Homeward Bound Committee meeting, the Project Homekey grant, the Homeless Point-In-Time Count results and the Desert Regional Steering Committee meeting held May 10, 2022.
- Stated that the next Rules and Policies Committee meeting was May 31, 2022. - Asked CITY MANAGER WILLIE HOPKINS, JR. to follow-up on Mr. Machuca and Mr. and Mrs.
Rochelle's concerns.
- 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 16, 2022
MAYOR PRO TEM NOBLE
- Commended the students at Skyline School for their presentation. Encouraged more participation from local students and youth.
- Discussed the May 7, 2022 Public Safety Fair and Mojave River Museum BBQ. - Provided updates on the Military Affairs Committee meeting and the May 16, 2022 Victor Valley Transit Authority (VVTA) Board meeting,
- Stated that VVTA would provide free bus service to the 4th of July event at the Sports Park. - Invited the community to attend Barstow Community College's Student Showcase on May 18, 2022. - Asked staff to provide an update on the General Plan at an upcoming Council meeting.
COUNCIL MEMBER DYER KRUSE
- Commended the students at Skyline School for their presentation. - Provided an update on the May 4, 2022 Streets Committee meeting and informed Mr. Dillard that the First Street Bridge sidewalk issue was being addressed. - Provided an update on the May 12, 2022 Solid Waste JPA meeting and stated the next meeting would be hybrid.
- Also discussed recent National Day of Prayer event, Maternal Resource Fair and Mojave River Valley BBQ events.
COUNCIL MEMBER SILVA
- Addressed Ms. Fields comments and stated that all of the concerns with MAYOR COURTNEY were addressed at the dais.
- Addressed Mr. Browne's comments and stated that MAYOR COURTNEY's treatment of staff was not a petty issue.
- Discussed concerns with MAYOR COURTNEY's recent interview on local radio station Talk 960 and his misleading statements.
- Asked if MAYOR COURTNEY called him a racist.
- Asked the City Attorney if the Council could add a vote to a future Council agenda to meet in Closed Session to review MAYOR COURTNEY's radio interview and provide a statement from the Council correcting any misinformation.
ASSOCIATE CITY ATTORNEY EPHRAIM MARGOLIN
- Stated that a Closed Session item for potential litigation because of the radio interview could be included on a future agenda.
COUNCIL MEMBER SILVA
- Stated he would address the Closed Session item when CITY ATTORNEY MATTHEW SUMMERS returns.
MAYOR COURTNEY
- Discussed concerns with comments made by COUNCIL MEMBERS ROSE and SILVA. - Provided an update on the Southern California Association of Governments conference held on May 5 - 6, 2022.
- Discussed construction of the new Tesla charging stations in the Lenwood area.
STAFF REPORTS:
None
POLICE CHIEF COMMENTS:
POLICE CHIEF ANDREW ESPINOZA, JR.
- Stated the 2021 Barstow Police Department Annual Report would be presented at the next meeting. - Discussed the process for members of the public to address any concerns with the Police Department.
- Addressed Mr. and Mrs. Rochelle's concerns.
Minutes-May 16, 2022
FIRE CHIEF COMMENTS:
ACTING FIRE CHIEF NICK DINAPOLI
- Discussed pool safety and encouraged the community to review safety protocols online. - Thanked the community and local firefighters for their support.
CITY MANAGER / DISTRICT MANAGER COMMENTS:
CITY MANAGER WILLIE HOPKINS, JR.
- Provided an update on the Project Homekey Grant and Main Street Murals program. -Discussed preparation of the Fiscal Year 2022-2023 Budget and Code Enforcement amnesty program.
- Also stated that annual department updates would be provided at upcoming Council meetings per policy.
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
10. FIRST READING AND INTRODUCTION OF ORDINANCE AMENDING CHAPTER 13, SECTION 13.04.020 (DEFINITIONS) AND SECTION 13.20 (INSPECTIONS) OF THE
BARSTOW MUNICIPAL CODE
Recommended Action:
Staff recommends the City Council take the following action:
1. Approve the first reading and introduce, by title only, Ordinance No. 990-2022, amending Chapter 13.12.340. The ordinance is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines sections 15060(c)(2}, 15060(c)(3}, 15061(b)(3} and 15378(b)(4).
2. Direct the City Clerk to bring the ordinance back to the City Council for the second reading and adoption at the next regularly scheduled meeting.
3. Direct the City Clerk to publish a summary of this ordinance pursuant to G.C. 54963.
GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Presented the staff report as filed with the City Clerk.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
11. INSTALLATION SUPPORT SERVICES - PROFESSIONAL SERVICES CONTRACT Recommended Action:
Staff recommends that the City Council:
1) Approve the scope and fee with High Desert Support Services, LLC, laid out in the bid documents for the bid amount of $217,966,940.80 (Over ten years) for the Installation Support Services.
2) Authorize the City Manager or designee the authority to sign the agreements between Fort Irwin and the City of Barstow and High Desert Support Services, LLC and the City of Barstow.
GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Presented the staff report as filed with the City Clerk.
COUNCIL MEMBER SILVA
- Asked GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS to confirm that there was enough staff and labor to manage the contract.
Minutes-May 16, 2022
GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Stated that staff was able to absorb the additional workload and would make recommendations to the City Manager if unable to manage.
- Stated that figures on Section 5 of the IGSA between the City and High Desert Support Services (page 309 of the packet) were incorrect and corrections to page 309 were posted with the agenda packet and provided to the Council.
SPEAKERS
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if the Finance Director conducted an analysis on the staff time and cost involved to manage.
- Asked about the contract's term, the City's liability, the City's potential profit, and services provided. Also asked for more information on High Desert Support Services.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with staffing to manage the contract when there was a previous discussion to move collection of trash and sewer billings to the tax rolls due to lack of staffing. - Asked how funds were going to be remitted to the City from the Federal Government especially during a government shutdown.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
ADJOURNMENT:
By the consensus of the City Council and without objection, the joint special meeting was adjourned at 10:00 P.M. in memory of Viola Basulto.
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