BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
AUGUST 1, 2022
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-August 1, 2022
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the Closed Session meeting to order at 6:02 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.
Minutes-August 1, 2022
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Mentioned the third-party investigations were completed two weeks ago and wanted to know when the public would be informed of the results.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Expressed concerns the with City’s current litigations.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
CLOSED SESSION AGENDA ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Recommended Action:
(Gov. Code § 54956.9(d)(4))
Number of Potential Cases: 1.
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider one item regarding potential initiation of litigation. No reportable action was taken.
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 7:13 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
Minutes-August 1, 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 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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
PRESENTATIONS:
2. CERTIFICATE OF RECOGNITION FOR THE UNITED STATES VETERANS SUPPORT GROUP CHAPTER #1
Recommended Action:
Presentation only.
A certificate of recognition was presented to the United States Veterans Support Group Chapter #1 Events Committee for their upcoming 9/11 Public Remembrance Memorial Ceremony.
RESULT: PRESENTATION ONLY
3. CERTIFICATE OF RECOGNITION FOR CITY OF BARSTOW LIFEGUARDS Recommended Action:
Presentation only.
- Certificates of recognition were presented to City of Barstow Pool Manager Axel Rivera and Lifeguard Francisco Cadillo for preventing a near drowning incident at Henderson Pool on the afternoon of June 17, 2022.
- Lifeguard Kristianna Quijote was not present, but was also recognized.
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-August 1, 2022
MINUTES ALL AGENCIES:
4. MINUTES CLOSED SESSION MEETING - JULY 18, 2022 5:00 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
5. MINUTES JOINT MEETING - JULY 18, 2022 6:00 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
ACCOUNTS PAYABLE ALL AGENCIES:
6. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #87745-88550 totaling $7,463,528.47 and wires #806-822 totaling $1,350,516.23, per the Agency breakdown below:
City: $8,049,766.15
Fire: $762,428.55
Successor Agency: $1,850.00
Grand Total: $8,814,044.70
SPEAKERS
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Asked what services Jackson Lewis was providing.
- Discussed concerns with $8 million in expenditures when public safety staff were not receiving salary increases.
COUNCIL MEMBER DYER KRUSE
- Abstained from voting on Check #88087.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
Minutes-August 1, 2022
CITY COUNCIL:
7. RESOLUTION DESIGNATING THE CITY AS THE ENFORCEMENT AGENCY FOR SINGLEUSE FOODWARE REGULATIONS Recommended Action:
That the City Council adopt Resolution No. 5097-2022 designating the city as the enforcement agency for state regulations on single-use foodware accessories and standard condiments, and waive the full reading.
SPEAKERS
TED WEASMA, BARSTOW, CALIFORNIA
- Asked why the City was immediately enforcing single-use food ware regulations and discussed concerns with adding additional personnel to enforce.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns with lack of staffing to enforce single-use food ware regulations.
COUNCIL MEMBER SILVA
- Thanked staff for addressing concerns raised at the July 18, 2022 Council meeting.
ADMINISTRATIVE ANALYST JESSICA REED
- Clarified that the State was requiring cities to designate an enforcement agency. - Addressed lack of staffing concerns and stated that enforcement would be consolidated with the City's business license process.
- Also noted that there were no plans to hire additional staff in order to enforce the regulations.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that as the enforcement agency, the City could determine the level and type of enforcement.
- Also stated that enforcement would consist of educating businesses as opposed to top-down enforcement.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
8. DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD SEPTEMBER 7 - 9, 2022
Recommended Action:
Designate Mayor Courtney as the voting delegate and Council Member Dyer Kruse as the alternate voting delegate of the City of Barstow for the 2022 League of California Cities Annual Conference to be held September 7 - 9, 2022, in Long Beach, CA.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
Minutes-August 1, 2022
9. RESOLUTION TO ADOPT PROJECTS FUNDED BY SB-1 FOR FISCAL YEAR 22-23. THE ROAD REPAIR AND ACCOUNTABILITY ACT.
Recommended Action:
1. Staff recommends that the City Council approve Resolution No. 5101-2022, adopting the projects list (Attachment A) funded by SB 1 and waive the full reading in its entirety.
2. Direct staff to forward the project list and resolution to the California Transportation Committee.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if the Local Roadway Safety Plan to be reviewed at the upcoming Streets Committee meeting conflicted with the proposed repairs.
- Discussed concerns with prioritizing repairs.
TED WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns with the damaged ally near his home not being repaired. - Suggested that the Council prioritize damaged ally repairs.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Stated there was a discrepancy between the numbers listed on the proposed resolution and the projected revenues for Fiscal Year 22-23 (Attachment B of staff report).
COUNCIL MEMBER DYER KRUSE
- Suggested that any questions regarding SB 1 expenditures be directed to ENGINEERING ADMINISTRATOR DOMINGO GONZALES.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
10. APPROVAL OF MAYOR PRO TEM JAMES NOBLE TO TRAVEL TO THE GOVERNOR'S MILITARY COUNCIL IN SACRAMENTO, CA - AUGUST 29-30, 2022.
Recommended Action:
Approve travel for Mayor Pro Tem James Noble to Sacramento, CA for the Governor's Military Council - Fourth Annual All California Defense Summit.
SPEAKERS
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Expressed support for MAYOR PRO TEM NOBLE representing Barstow at the Governor's Military Council Fourth Annual All California Defense Summit.
COUNCIL MEMBER ROSE
- Expressed support for MAYOR PRO TEM NOBLE representing Barstow and looked forward to his report.
- Stated that she was not attending the League of California Cities Annual Conference and presented a personal check to the City for the $75 cancellation fee.
Minutes-August 1, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW TEMPORARILY
CLOSING CERTAIN STREETS WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH CALIFORNIA VEHICLE CODE SECTION 21101(E) FOR THE SATURDAY NIGHT CRUISERS MAIN STREET USA CAR SHOW.
Recommended Action:
Adopt Resolution No. 5102-2022, temporarily closing certain streets within the City of Barstow in accordance with California Vehicle Code Section 21101(e) for the Main Street USA Car Show, and waive the full reading.
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:
12. CONTINUATION OF LIEN PROTEST HEARING FOR DELINQUENT TRASH & SEWER
ACCOUNTS
Recommended Action:
1. Continue the protest hearing from July 18, 2022, and subject to testimony received, adopt Resolution No. 5103-2022 and waive further reading.
2. Where necessary and relevant, direct staff to resolve any conflicts with protest owners before the final lien list is filed with San Bernardino County. Additionally, authorize staff to remove any properties from the lien list should delinquent fees be paid prior to the filing of the final lien list with San Bernardino County.
3. Authorize staff to establish payment plan arrangements with those property owners who provided written correspondence prior to the July 18, 2022, public hearing. Additionally, authorize staff to lien those parcels who execute a payment arrangement; however, a property tax assessment will not be placed unless the terms of the payment plans are not met. Failure to execute a payment plan arrangement by August 5, 2022 will result in the parcel being sent to property tax assessment.
ADMINISTRATIVE SERVICES MANAGER HEIDY RILEY
- Presented the staff report as filed with the City Clerk.
SPEAKERS
MAYOR COURTNEY CONTINUE THE PUBLIC HEARING FROM JULY 18, 2022
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked how delinquencies were collected from commercial accounts.
Minutes-August 1, 2022
AHMAD HAGHIGHI
- Stated that his tenants had not paid rent.
- Requested a waiver of penalties on his account because of COVID-19 hardships and his tenants’ inability to pay rent.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Expressed concerns with the City collecting from residents on delinquent accounts when MAYOR COURTNEY had not repaid the mileage reimbursement or corrected ADA issues at his business.
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed concerns with Burrtec Waste contributing to political campaigns and trash and sewer billings being combined.
COUNCIL MEMBER SILVA, BARSTOW, CALIFORNIA
- Asked if Mr. Haghighi asked for a payment arrangement.
ADMINISTRATIVE SERVICES MANAGER HEIDY RILEY
- Stated Mr. Haghighi was provided with a payment plan to bring his account current through April 2023, but he did not agree to it.
COUNCIL MEMBER ROSE, BARSTOW, CALIFORNIA
- Asked if an option could be presented to Mr. Haghighi for a lower payment amount.
CITY ATTORNEY MATTHEW SUMMERS
- Suggested that the payment plan be at least for the monthly charge amount of $500.
Discussion ensued about repayment plans and the lien and assessment process.
ADMINISTRATIVE SERVICES MANAGER HEIDY RILEY
- Suggested placing a lien on all properties to ensure payment. - Clarified Mr. Haghighi requested a payment plan in July 2021 that he did not fulfill and stated the next action was to lien his property.
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 8:19 P.M.
ABSTENSIONS
COUNCIL MEMBER KRUSE Line items 23, 24, 25, 26, & 27.
COUNCIL MEMBER SILVA Line items 19, 20, 21, 22.
MAYOR PRO TEM NOBLE Line items 12, 13, 14, 15, 16, 17, & 18.
MAYOR COURTNEY Line items 19, 21, & 22.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
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.
Minutes-August 1, 2022
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with recruitment and retention efforts for the Fire Department.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked what the Council was going about to do about the third-party investigation report since the process was now complete.
- Asked if the second round of American Rescue Plan Act (ARPA) funds had been received and how would they be spent.
- Asked the status on the DDA with Milestone LLC regarding the old hospital property. - Asked if illegal cannabis grow operative in Lenwood was reported to the California Bureau of Cannabis Control.
EUGENE BUTTICCI, EXECUTIVE DIRECTOR OF BARSTOW CHAMBER OF COMMERCE - Discussed the events calendar on the Barstow Chamber of Commerce's website. - Discussed upcoming events including National Night Out, Optimist Club Backpack Giveaway, the Farmer's Market and Community Military Mixer.
POLICE CAPTAIN CHRIS KIRBY, BARSTOW POLICE DEPARTMENT
- Stated that the Barstow Police Department has been working without a current contract. - Discussed concerns with labor negotiations and lack of increase in salary or benefits. - Asked for support of the Police Department.
CORPORAL MATT HELMS, BARSTOW POLICE DEPARTMENT
- Discussed concerns with labor negotiations and lack of increase in salary or benefits. - Asked for support of the Police Department.
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed the need for a fentanyl enforcement division in the Police Department and concerns with MAYOR COURTNEY.
MONICA CARSON, BARSTOW, CALIFORNIA
- Expressed support for the Barstow Police Department and discussed concerns with labor negotiations and lack of increase in salary or benefits.
TED WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns with the Fiscal Year 2022-2023 Budget.
MARCIA WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns with the Hinkley compost facility fire. - Invited the community to attend an upcoming Hinkley Town Hall meeting on August 10, 2022.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Commended ACTING PARKS AND RECREATION SUPERINTENDENT SABRINA ELLIS. - Thanked the City for purchasing sports equipment with Measure Q funds. - Discussed concerns with increased crime rates and expressed support for public safety personnel. - Also discussed concerns with American Quartz.
PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Discussed concerns with the City Council and expressed support for MAYOR COURTNEY.
BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Asked what other recruitment efforts the City was pursuing for fire personnel.
Minutes-August 1, 2022
- Stated that Mr. Snell should be able to assemble before the timer started on public comments. - Encouraged Mr. Weasma to contact Finance Department staff for any budget related questions. - Clarified that the Council was not involved in labor negotiations and expressed support of salary and benefit increases if the City could sustain it.
MAYOR PRO TEM NOBLE
- Discussed labor negotiations and expressed confidence that an agreement would be reached that was beneficial to both parties.
- Asked if repairs of alleyways could be addressed at an upcoming Streets Committee meeting. - Stated that the August 16, 2022 Victor Valley Transit Authority Meeting was cancelled and the next meet would be held September 19, 2022 in the Barstow City Council Chambers.
COUNCIL MEMBER DYER KRUSE
- Stated the next Streets Committee meeting was August 3, 2022 and discussed the prioritization of alley and road repairs.
- Encouraged the Community to attend National Night Out on August 2, 2022, 6 - 9 P.M. at Dana Park.
- Encouraged Mr. Weasma to contact Finance Department staff for any budget related questions.
COUNCIL MEMBER SILVA
- Asked for the status of bringing an update on development agreements to the Council. - Requested that the letter from the Mojave Desert Air Quality District regarding the Hinkley compost facility fire be made public.
MAYOR COURTNEY
- Clarified that the Council was not involved in labor negotiations and expressed support of salary and benefit increases if the City could sustain it.
- Discussed bids received for the First Street Bridge Repairs.
STAFF REPORTS:
None.
POLICE CHIEF COMMENTS:
POLICE CHIEF ANDREW ESPINOZA, JR.
- Encouraged the community to attend the National Night Out event on August 2, 2022, 6 - 9 P.M. at Dana Park.
- Discussed the recent passing of retired Barstow Police Department detective Leo Griego. - Reminded the public to abide by all traffic laws especially in school zones. - Provided an update on threat assessments that were recently conducted at all Barstow Unified School District campuses.
- Commended the Barstow Police Department for their recent crime prevention efforts and their dedication to the community.
FIRE CHIEF COMMENTS:
ACTING FIRE CHIEF NICK DINAPOLI
- Stated he recently attended the 2022 Firefighter Memorial in Sacramento where Firefighter David Spink was memorialized.
- Discussed increases and dangers in fentanyl use.
CITY MANAGER / DISTRICT MANAGER COMMENTS:
CITY MANAGER WILLIE HOPKINS, JR.
- Discussed labor negotiations and the opportunity for public safety hiring incentives.
Minutes-August 1, 2022
- Provided an update on the demolition of condemned properties, which would start in August. - Stated the City of Barstow's 75th Anniversary event was scheduled for October 1, 2022.
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
13. CONSIDERATION OF RESOLUTION NO. 5104-2022 SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS FOR A BALLOT MEASURE REGARDING WHETHER TO
TRANSITION FROM AN ELECTED MAYOR TO AN APPOINTED MAYOR SYSTEM AT THE NOVEMBER 8, 2022 ELECTION
Recommended Action:
Staff Recommends the City Council adopt the Resolution setting priorities for filing written arguments and directing the City Attorney to prepare an impartial analysis for the ballot measure regarding whether to transition from an election system with four by-district councilmembers and a mayor elected at-large to an election system with five by-district councilmembers at the general municipal election to be held on Tuesday, November 8, 2022.
Exhibit A - Resolution No. 5104-2022
CITY ATTORNEY MATTHEW SUMMERS
- Presented the staff report as filed with the City Clerk.
SPEAKERS
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Expressed support of the proposed resolution and appointing the Mayor.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Expressed support of the proposed resolution and appointing the Mayor.
COUNCIL MEMBER SILVA
- Stated that the proposed measure was to ask citizens if they would like to have four voting districts and directly elect the Mayor or have five voting districts with the Mayor appointed each year by the Council.
COUNCIL MEMBER ROSE
- Expressed support of the measure.
RESULT: APPROVED [4 TO 0]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Silva
ABSTAIN: Courtney
14. CONSIDERATION OF NEXT STEPS RELATED TO ACCOUNTS PAYABLE EXPENDITURES FOR CHECK #1005 RELATING TO TRAVEL EXPENSE REIMBURSEMENTS SOUGHT BY
MAYOR COURTNEY
Recommended Action:
The City Council receive and consider public comment and any information from the Mayor and provide direction regarding further steps related to Mayor Courtney’s repayment of funds related to checks #1005.
Exhibit A - 2018 City of Barstow Expense Reimbursement Policy Exhibit B - 2022 City of Barstow Expense Reimbursement Policy for Elected Officials Minutes-August 1, 2022
Exhibit C - February - Feb22, 2022 Staff Report (Reconsideration of Accounts Payable Expenditures for Checks #1005 and #85773) and Attachments Exhibit D - March 7, 2022 Letter from City Attorney to Mayor Courtney
CITY ATTORNEY MATTHEW SUMMERS
- Presented the staff report as filed with the City Clerk. - Stated that staff has proposed two recommendations:
1. Declare that no further expense reimbursements could be approved by the Council until MAYOR COURTNEY repaid the mileage reimbursement.
2. Declare that MAYOR COURTNEY cannot use the Cal Card for any expenses until the mileage reimbursement was repaid.
SPEAKERS
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Expressed disappointment with MAYOR COURTNEY not following the policy.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked why next steps were finally being discussed months later. - Asked if penalties could be assessed and stated the City should pursue collecting payment to ensure the situation does not arise again.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Expressed concern with MAYOR COURTNEY not repaying the mileage reimbursement and the Council not holding him accountable for repayment.
COUNCIL MEMBER SILVA
- Asked what the process was to impose any penalties.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that penalties would be assessed by the courts through civil or criminal action that would be payable to the State and not the City.
MAYOR COURTNEY
- Stated that the mileage reimbursement was approved along with a check issued to PACE Services until COUNCIL MEMBERS ROSE and SILVA requested that it be reconsidered. - Also noted that City staff and Council were not aware of the 30-day period to submit reimbursement requests nor was the policy currently practiced. - Asked what the past practice has been and if prior expense reimbursement requests for past elected officials and employees were submitted within 30 days. - Stated that pursuing collection would cost the City and its employees. - Asked why the Council initially approved the mileage reimbursement and payment to PACE Services.
CITY ATTORNEY MATTHEW SUMMERS
- Clarified that the agenda item was to discuss next steps as it relates to MAYOR COURTNEY's expense reimbursement and the City would not be investigating any past expense reimbursements for employees.
Motion by COUNCIL MEMBER SILVA, seconded by COUNCIL MEMBER ROSE, and approved 4 to 0, to:
1. Declare that no further expense reimbursements could be approved by the Council until MAYOR COURTNEY repaid the mileage reimbursement; and
2. Revoke MAYOR COURTNEY's Cal Card until the mileage reimbursement is repaid; and
3. Charge a fair rate of interest on funds due.
Minutes-August 1, 2022
DISCUSSION
COUNCIL MEMBER ROSE
- Discussed concerns with MAYOR COURTNEY threatening employees and bargaining units as there was no correlation on collecting his reimbursement with the City's budget and ability to provide wage and benefit increases.
- Stated that MAYOR COURTNEY was aware of the expense reimbursement policy and he should have abstained on voting to approve items payable in his interest as that was a conflict of interest.
COUNCIL MEMBER SILVA
- Assured staff that prior expense reimbursements would not be revisited as elected officials were held to a separate policy.
- Stated that MAYOR COURTNEY should have abstained on voting to approve items payable in his interest as that was a conflict of interest.
COUNCIL MEMBER DYER KRUSE
- Concurred with the motion made by COUNCIL MEMBERS ROSE and SILVA. - Assured staff that prior expense reimbursements would not be revisited as elected officials were held to a separate policy.
MAYOR PRO TEM NOBLE
- Assured staff that prior expense reimbursements would not be revisited as elected officials were held to a separate policy.
RESULT: APPROVED [4 TO 0]
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Silva
ABSTAIN: Courtney
ADJOURNMENT:
By the consensus of the City Council and without objection, the joint special meeting was adjourned at 10:04 P.M. in honor of retired Barstow Police Department Detective Leo Griego.
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