BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JUNE 6, 2022
7:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-June 6, 2022
CALL TO ORDER :
MAYOR COURTNEY called the Joint Special Meeting to order at 7:00 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.
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-June 6, 2022
Motion by COUNCIL MEMBER SILVA, seconded by COUNCIL MEMBER DYER KRUSE, and unanimously carried, to approve the agenda tabling Item 1 to the June 20, 2022 meeting. (Item 1 will now be presented at the July 18, 2022 meeting).
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 INLAND EMPIRE BREASTFEEDING
COALITION
Recommended Action:
After-event report and presentation only.
RESULT: CONTINUED [UNANIMOUS] Next: 7/18/2022 6:00 PM
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
2. BARSTOW POLICE DEPARTMENT UPDATE
Recommended Action:
Information only.
POLICE CHIEF ANDREW ESPINOZA, JR.
- Presented the Barstow Police Department's 2021 Annual Report. - Discussed the Police Department's organizational chart and patrol beat. - Also discussed property crime and violent crime statistics, calls for service, and highlighted community events and community engagement activities.
COUNCIL MEMBER ROSE
- Asked for a crime statistics report for District 3.
COUNCIL MEMBER DYER KRUSE
- Commended the Police Department for their hard work.
POLICE CHIEF ANDREW ESPINOZA, JR.
- Stated that staff could provide crime statistics by district.
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-June 6, 2022
MINUTES ALL AGENCIES:
3. MINUTES JOINT SPECIAL MEETING - MAY 16, 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:
4. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #87428-87744 totaling $3,014,916.78 and wires #801-805 totaling $197,943.09, per the Agency breakdown below:
City: $3,006,579.31
Fire: $206,280.56
Successor Agency: $0.00
Grand Total: $3,212,859.87
SPEAKERS
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked for clarification on check #'s 87732, 87734, 87743, 87697 and 87683.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
CITY COUNCIL:
5. SECOND READING AND ADOPTION OF ORDINANCE 990-2022 AMENDING SECTIONS
13.04.020 (DEFINITIONS) AND 13.12.340 (LOCAL DISCHARGE LIMITATIONS) AND CHAPTER 13.20 (INSPECTIONS) OF THE BARSTOW MUNICIPAL CODE Recommended Action:
Staff recommends the City Council take the following action:
Adopt Ordinance No. 990-2022, amending Sections 13.04.020 (Definitions) and 13.12.340 (Local Discharge Limitations) and Chapter 13.20 (Inspections) of the Barstow Municipal Code. 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).
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
Minutes-June 6, 2022
6. REQUEST FOR PUBLIC HEARING - DELINQUENT TRASH AND SEWER ACCOUNTS Recommended Action:
Staff recommends the City Council:
Set the public hearing for delinquent sewer and trash (utility) accounts for Monday, July 18, 2022, at 7:00 p.m. in the Barstow Council Chambers located at 220 E. Mountain View St., Barstow, CA 92311.
SPEAKERS
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Asked the City Council to consider assessing liens and penalties for senior citizens and lowincome citizens. - Asked what the City was doing to address the issue with the fire and odor coming from the Nursery Products Hawes Composting Facility.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
7. APPROVAL OF RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR
THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF LAWS OF THE STATE OF CALIFORNIA TO GENERAL LAW CITIES.
Recommended Action:
Adopt Resolution No. 5089-2022, calling and giving notice for the General Municipal Election to be held on November 8, 2022, to fill two (2) elected official vacancies within the City of Barstow and to waive the full reading.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO §10403 OF THE ELECTIONS CODE.
Recommended Action:
Adopt Resolution No. 5090-2022 requesting the Board of Supervisors of the County of San Bernardino to consolidate Barstow’s General Municipal Election with the Statewide General Election on November 8, 2022, to fill two (2) elected official vacancies to be conducted by the San Bernardino County Registrar of Voters and to waive the reading.
Minutes-June 6, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
Recommended Action:
1. Adopt Resolution No. 5091-2022 adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election to be held on Tuesday, November 8, 2022, 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
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.
JOHN WYMORE, PRESIDENT OF THE BARSTOW PROFESSIONAL FIREFIGHTERS
ASSOCIATION
- Discussed concerns with the use of Measure Q funds for the local grant match for the First Avenue Bridge project.
- Stated that citizens voted in favor of Measure Q in order to save the Barstow Fire Protection District.
TRAVIS ESPINOZA, BARSTOW, CALIFORNIA
- Discussed concerns with the use of Measure Q funds for the local grant match for the First Avenue Bridge project.
- Also discussed concerns with the lack of personnel and resources for the Fire Department.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with the use of Measure Q funds for the local grant match for the First Avenue Bridge project.
- Also discussed concerns with the lack of personnel and resources for the Fire Department.
BILL QUIMBY, BARSTOW, CALIFORNIA
- Discussed opportunities available to Barstow and the importance of the Council and community working together.
Minutes-June 6, 2022
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed concerns with the fire and odor coming from the Nursery Products Hawes Composting Facility.
- Suggested cross-training fire and police personnel.
- Discussed concerns with MAYOR COURTNEY.
EUGENE BUTTICCI, EXECUTIVE DIRECTOR OF THE BARSTOW AREA CHAMBER OF
COMMERCE
- Invited the community to attend the Veteran's Resource Fair on June 30, 2022.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Asked if MAYOR COURTNEY referred to him as mentally ill at the May 16, 2022 Council meeting. - Discussed concerns with MAYOR COURTNEY's conduct during the May 16, 2022 Council meeting and not following the Code of Ethics.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with the budget workshop not being properly noticed. - Asked for a joint workshop to be scheduled with the Council and Measure Q Resident Oversight Commission.
- Discussed concerns with recruitment of fire personnel. - Asked if Quality Life’s trailer was legally parked near the Outlets. - Requested recent Barstow High School graduate Kay Whitehead be presented with a proclamation.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Mentioned that no one answered his question about whether an elected official could legally serve as a consultant to a cannabis business.
- Discussed conflict of interest concerns with COUNCIL MEMBER DYER KRUSE voting in favor of cannabis businesses when her employer was CITY TREASURER MICHAEL LEWIS. - Asked if any Council Members or employees were stockholders in any local cannabis businesses. - Asked why no other Council Members seconded COUNCIL MEMBER ROSE's motion to pursue legal action against MAYOR COURTNEY for not repaying the mileage reimbursement.
KAMBIZ MORIDI, BARSTOW, CALIFORNIA
- Discussed upcoming large projects in Barstow and the importance of the community working together.
- Asked MAYOR COURTNEY to run for another term in 2024.
JUSTIN HAMPTON, BARSTOW, CALIFORNIA
- Discussed concerns with crime rates in Barstow and the lack of activities for youth. - Stated that the Council and community needed to work together to improve the community.
MICHAEL CARSON, BARSTOW, CALIFORNIA
- Asked COUNCIL MEMBER DYER KRUSE to share information with other Lenwood area taxpayers on how they could become citizens within the City limits and have the ability to vote on matters related to District 4.
PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Asked the Council to work together to improve the community.
BRIAN ZANE, BARSTOW, CALIFORNIA
- Stated that all participants in the Run to the Wall event arrived safely in Washington, DC. - Requested that the community assist the veteran participants at future events. - Discussed concerns with the Council's conduct at recent meetings.
Minutes-June 6, 2022
PERRY PACK, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY having his non-profit foundation's bus towed away from the residential area it was parked.
ANTHONY BROWNE, BARSTOW, CALIFORNIA
- Asked if there were enough Measure Q funds available to hire fire personnel. - Discussed the Marriott project and commended MAYOR COURTNEY for bringing businesses into Barstow.
NATHANIEL PICKETT, BARSTOW, CALIFORNIA
- Discussed safety issues at Main Street and Bradshaw.
- Also discussed concerns with the General Plan update.
JIM BROWN, BARSTOW, CALIFORNIA
- Commended ACTING FIRE CHIEF NICK DINAPOLI.
- Urged the Council to allocate Measure Q funds to the Fire Department.
BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Discussed concerns with MAYOR COURTNEY's conduct at the May 16, 2022 meeting and his comments about citizens being mentally ill.
- Expressed support for presenting a proclamation to Barstow High School graduate Kay Whitehead at an upcoming Council meeting.
- Stated she had no ownership interest in Quality Life, LLC (commercial cannabis business). - Asked Mr. Zane for more information on the Run to the Wall program and suggested involving the Chamber of Commerce.
- Discussed May 31, 2022 Rules and Policies Committee and the upcoming Homeward Bound Committee meeting on June 8, 2022.
- Asked CITY ATTORNEY MATTHEW SUMMERS if MAYOR COURTNEY had repaid the mileage reimbursement.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that MAYOR COURTNEY has not repaid the mileage reimbursement.
COUNCIL MEMBER ROSE
- Asked that the Council pursue legal action against MAYOR COURTNEY for failing to repay the mileage reimbursement, COUNCIL MEMBER SILVA stated he did not object. - Discussed Measure Q and concerns with allocating funds to repair the First Avenue Bridge. - Asked staff to look into other resources to fund the bridge.
MAYOR PRO TEM NOBLE
- Asked CITY ATTORNEY MATTHEW SUMMERS to bring information back to the Council regarding the legality of Council Members and employees having an ownership interest in commercial cannabis businesses.
- Stated he had no ownership interest in Quality Life, LLC (commercial cannabis business). - Expressed support for presenting a proclamation to Barstow High School graduate Kay Whitehead. - Discussed recent Intergovernmental Agency Services Agreement (IGSA) signing ceremony at Fort Irwin, the Memorial Day event at Barstow Cemetery and recent Victor Valley Transit Authority special meeting.
- Encouraged the community to attend the Juneteenth event on Riverside Drive on June 18, 2022.
COUNCIL MEMBER DYER KRUSE
- Stated the June 1, 2022 Streets Committee meeting was cancelled. - Discussed the recent IGSA signing ceremony at Fort Irwin.
Minutes-June 6, 2022
- Stated the fire at the waste compost facility in Hinkley was within the County's jurisdiction. Noted that County Supervisors Paul Cook and Dawn Rowe were contacted along with the Mojave Air Quality Management District. Stated that citations had been issued.
COUNCIL MEMBER SILVA
- Addressed the fire at the waste compost facility in Hinkley and confirmed that the Mojave Air Quality Management District had been contacted.
- Stated he had no ownership interest in Quality Life, LLC (commercial cannabis business). - Discussed Measure Q and confirmed that the Council's direction to staff at the budget workshop was to find another resource to fund the bridge.
- Asked if the Fire Department was fully funded for Fiscal Year 2022-2023. - Provided an update on the recent Southern California Edison GAP meeting. - Asked that a certificate be presented to recognize Mr. Holt from Garner Holt Productions for their service in Barstow.
- Asked CITY MANAGER WILLIE HOPKINS, JR. to provide an update on the Buxton contract, current development agreements and the Federal and State Lobbyist contracts.
MAYOR COURTNEY
- Stated he had no ownership interest in Quality Life, LLC (commercial cannabis business). - Stated that staff and the Council were addressing funding for the bridge. - Discussed upcoming speaking engagement at the Resource Fair.
STAFF REPORTS:
None.
POLICE CHIEF COMMENTS:
POLICE CHIEF ANDREW ESPINOZA, JR.
- Stated that the Barstow Police Department had assisted with past Run for the Wall events.
FIRE CHIEF COMMENTS:
ACTING FIRE CHIEF NICK DINAPOLI
- Discussed recruitment and retention challenges.
CITY MANAGER / DISTRICT MANAGER COMMENTS:
CITY MANAGER WILLIE HOPKINS, JR.
- Discussed partnership with Barstow Cinema and the Parks and Recreation Department for a gaming program.
- Addressed Fiscal Year 2022-2023 Proposed Budget and possible use of Measure Q funds for the bridge.
- Also noted that public safety was a priority for the current administration and stated that there was a need for the public to understand Measure Q as a whole. - Stated that the Fiscal Year 2022-2023 Proposed Budget would also be presented to the Measure Q Resident Oversight Commission and the community at a separate meeting.
INTERIM FINANCE DIRECTOR MARC PUCKETT
- Provided an overview on the General Fund and Measure Q fund balances based on the audited financial statements for Fiscal Year 2020-2021.
- Explained that Measure Q was a sub-fund within the General Fund and was a general sales tax. - Presented unassigned fund balances for Measure Q and the General Fund as of June 30, 2021 and discussed the City's adopted Fund Balance Policy per Resolution 4548-2010.
Minutes-June 6, 2022
COUNCIL MEMBER ROSE
- Clarified Measure Q was sold to the voters for specific things and discussed concerns with Measure Q funds not being spent properly.
BUSINESS / ACTION ITEMS:
None
ADJOURNMENT:
By the consensus of the City Council and without objection, the joint special meeting was adjourned at 9:09 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