BARSTOW CITY COUNCIL
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
SEPTEMBER 12, 2022
5:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
CLOSED SESSION
Minutes-September 12, 2022
CALL TO ORDER:
MAYOR COURTNEY called the Closed Session meeting to order at 5:06 P.M.
INVOCATION:
MAYOR PRO TEM NOBLE led the invocation.
PLEDGE OF ALLEGIANCE:
MAYOR COURTNEY led the pledge of allegiance.
ROLL CALL:
Attendee Name Title Status Arrived
Timothy Silva Council Member Present
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse Council Member Present
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA, PLEASE SO INDICATE BY FILLING OUT A “REQUEST TO SPEAK” FORM 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-September 12, 2022
SPEAKERS:
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked for the results of the third party investigation. - Asked how the Council would protect employees against harassment.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Expressed concerns about MAYOR COURTNEY and all the lawsuits against the City. - Requested that MAYOR COURTNEY step down.
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.
Motion by COUNCIL MEMBER SILVA, seconded by COUNCIL MEMBER ROSE, and unanimously carried to approve the agenda and add Council comments.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Silva, Noble, Kruse, Rose, Courtney
COUNCIL COMMENTS:
COUNCIL MEMBER SILVA
- Stated that the City Council censured MAYOR COURTNEY from communicating directly with City employees with all communication going through the City Manager. - Clarified that the Council censured the Mayor in order to protect City employees.
COUNCIL MEMBER ROSE
- Concurred with COUNCIL MEMBER SILVA’s comments.
MOTION TO GO INTO CLOSED SESSION:
MOTION TO GO INTO CLOSED SESSION AT 5:13 P.M.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Silva, Noble, Kruse, Rose, Courtney
CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION (Gov. Code § 54956.9(d)(4))
Number of Potential Cases: 1.
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Gov. Code § 54956.9(d)(2),(e)(1))
A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below described existing facts and circumstances, there is a significant exposure to litigation against the City. Facts and circumstances that might result in litigation but which the City believes are not yet known to potential plaintiffs.
Minutes-September 12, 2022
3. LABOR NEGOTIATIONS - (GOVERNMENT CODE SECTION 54957.6) PUBLIC EMPLOYEE(S) City Negotiator: City Manager Willie A. Hopkins, Jr.
Employee Organization: Unit 1 San Bernardino Public Employees' Association Unit 2 San Bernardino Public Employees' Association
Unit 3 Barstow Police Officers' Association
Unit 5 Barstow Professional Firefighters Association
Unit 6 Barstow Management Employees' Association
Unit 8 Barstow Police Department Management Association REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council directed staff to ban MAYOR COURTNEY from accessing City Hall with the exception of public meetings.
ADJOURNMENT:
By the consensus of the City Council and without objection, the Closed Session meeting was adjourned at 6:30 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