BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
NOVEMBER 7, 2022
5:30 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-November 7, 2022
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the Closed Session meeting to order at 5:33 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, PLEASE
SO INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HAND TO THE CITY CLERK PRIOR TO THE AGENDA ITEM BEING ADDRESSED. 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.
Minutes-November 7, 2022
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 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.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Requested the results of the third-party investigation be made public.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Thanked the City Manager for closing negotiations with the bargaining units. - Asked when the lawsuits against the City were going to end and requested the Council resolve - Asked the Council to intervene to end all of the lawsuits against the City.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
CLOSED SESSION AGENDA ITEMS:
1. LABOR NEGOTIATIONS - (GOVERNMENT CODE SECTION 54957.6) PUBLIC EMPLOYEE(S) Recommended Action:
City Negotiator: City Manager Willie A. Hopkins, Jr.
Employee Organization: Unit 5 Barstow Professional Firefighters Association
2.1.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Recommended Action:
Pursuant to Government Code Section 54956.9(d)(2) & (d)(3) 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 plaintiff or plaintiffs. (Gov. Code § 54956.9(e)(1)) Number of Potential Cases: [3]
2.2.ECONOMIC DEVELOPMENT DISCUSSION
Recommended Action:
Discussion only
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 regarding Unit 5 Barstow Professional Firefighters Association. Direction was provided to Council and staff no reportable action was taken.
- The City Council met in Closed Session to consider item 2.1 regarding Anticipated Litigation.
Direction was provided to Council and staff no reportable action was taken.
Minutes-November 7, 2022
- Item number 2.2 was deferred to a future meeting.
CITY ATTORNEY MATTHEW SUMMERS reported the following from a previous Closed Session Meeting.
- Mentioned that on December 20, 2021, the City Council of the City of Barstow initiated a third-party investigation against MAYOR COURTNEY.
- Noted the third-party firm interviewed MAYOR COURTNEY and 19 other individuals. - Stated the third-party investigator made the following findings:
1. MAYOR COURTNEY engaged in inappropriate behavior regarding the hiring of a City employee and provided false information to the former Interim City Manager about the matter.
2. MAYOR COURTNEY also engaged in intimidating behavior, threatening to terminate the employment of several City employees who he did not favor or who were connected to his political rivals and/or opponents. Of the several City employees who alleged having their jobs threatened by the Mayor, the Investigator found that only one of the employees did not have their job threatened by the Mayor.
3. MAYOR COURTNEY engaged in inappropriate operational activities in direction on matters that are reserved for the City Manager.
4. MAYOR COURTNEY attempted to elicit the City of Barstow Chief of Police to arrest and/or issue citations to Mayor Courtney's political rivals and to arrest those who spoke out against Mayor Courtney at City Council meetings.
5. MAYOR COURTNEY revealed confidential and sensitive City Council Closed Session Meeting information to others who had no need or right to know the information.
6. MAYOR COURTNEY made inappropriate comments concerning City employees.
7. MAYOR COURTNEY used various manipulation tactics on employees to pit one employee against another to engender loyalty to himself.
8. MAYOR COURTNEY employed heavy-handed communication techniques with various employees leaving the employees feeling that their jobs were in danger. - Also stated that in response to the allegations, the city council was taking the following actions, with all Council Members except MAYOR COURTNEY approving these steps in closed session:
- Directed the Mayor to refrain from communicating with any City employees except the City Manager, the 911 system, or as allowed by the First Amendment, or other applicable laws.
- Directed that the Mayor be barred from City Hall except as his physical presence is legally required by applicable law such as for Council Meetings. - Directed the Mayor to not provide any direction to any City employees other than the City Manager and then only as part of a City Council majority vote in a lawful meeting. - Directed the Mayor to not retaliate against any individual who he knows or who he may reasonably anticipate made a complaint, was a witness or otherwise participated in this investigation, nor to attempt to influence any individual who he knows or who he may reasonably anticipate made a complaint, was a witness or other person who otherwise participated in this investigation.
Minutes-November 7, 2022
Referred the matter to the San Bernardino County District Attorney’s Public Integrity Unit.
INVOCATION:
PASTOR ISIDRO ZAVALA from VO BARSTOW led the invocation.
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 7:08 P.M.
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
PRESENTATIONS:
3. AFTER-EVENT REPORT AND PRESENTATION BY BARSTOW CHAMBER OF COMMERCE & MAIN STREET MURALS
Recommended Action:
After-event report and presentation only.
Minutes-November 7, 2022
EUGENE BUTTICCI AND JANE LARAMAN-BROCKHURST, BARSTOW AREA CHAMBER OF
COMMERCE TOURISM COMMITTEE
- Presented the after-event report and presentation on the Main Street USA Car Show held October 8, 2022.
RESULT: PRESENTATION ONLY
4. PRESENTATION OF THE CITY OF BARSTOW'S MARKETING PLAN Recommended Action:
Presentation only.
CARRIE ROGERS, JACKIE ROGERS AND LOIS McGREGOR OF McGREGOR SHOTT
COMMUNICATIONS AGENCY
- Discussed the City of Barstow's marketing plan, which included the branding process, development of the new City logo and tagline.
CITY MANAGER WILLIE HOPKINS, JR.
- Thanked McGregor Shott for their hard work and efforts with fast tracking the re-branding process to coincide with the City's 75 Anniversary and announcement of the Barstow International Gateway (BIG) Project
- Discussed the BIG Project and its future impact on the community.
RESULT: PRESENTATION ONLY
5. PRESENTATION FROM THE COUNTY OF SAN BERNARDINO DEPARTMENT OF
BEHAVIORAL HEALTH (DBH)
Recommended Action:
Presentation only.
DR. KIMBERLY OLSON, DEPARTMENT OF BEHAVIORAL HEALTH PROGRAM MANAGER - Provided an overview of the services provided by the Behavioral Health and Counseling Center in Barstow.
SPEAKERS
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed the need for a crisis center in Barstow.
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:
6. MINUTES JOINT MEETING - OCTOBER 17, 2022 AT 5:30 P.M.
Recommended Action:
Approve minutes as presented.
Minutes-November 7, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
ACCOUNTS PAYABLE ALL AGENCIES:
7. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #89057-89367 totaling $2,829,350.28 and wires #833-835 & #837-839 totaling $233,202.73, per the Agency breakdown below:
City: $2,845,826.28
Fire: $216,726.73
Successor Agency: $0.00
Grand Total: $3,062,553.01
SPEAKERS
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Stated that check #'s 89179 and 89276 appeared to be paid only from Measure Q funds and thanked staff for clarifying those items.
- Also discussed concerns with how Measure Q funds were spent.
COUNCIL MEMBER DYER KRUSE
Abstained from voting on check #'s 89230, 89246, 89247 and 89346.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
CITY COUNCIL:
8. LOCAL TRANSPORTATION FUND (LTF) CLAIM FOR FISCAL YEAR 2021/2022 Recommended Action:
Staff recommends the City Council approve the filing of the Article 8, LTF Claim Form with the San Bernardino County Transportation Authority for fiscal year 2021/2022 in the amount of $63,641.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
9. AWARD CONSULTANT CONTRACT TO DEVELOP THE CITY'S LOCAL ROADS AND
SAFETY PROGRAM
Recommended Action:
Staff recommends the City Council take the following actions:
1. Approve a contract with KOA corporation for $79,824.58 and reject all other proposals upon the satisfactory submissions of the required contract, insurance certificates and required documentation.
2. Authorize the City Manager or designated representative to sign the contract.
Minutes-November 7, 2022
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).
None.
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.
SPEAKERS
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Stated that the City did not respond to his complaint regarding FIRE CAPTAIN JOHN WYMORE and other Barstow Fire Protection District (BFPD) staff attending City Council District 2 Candidate TERRI PERALTA's campaign event while in uniform.
BRIAN ZANE, BARSTOW, CALIFORNIA
- Encouraged the community to work together and support one another.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Expressed support for Measure H and encouraged everyone to vote on November 8, 2022. - Discussed the Treasurer's Report and concerns with the Measure Q fund not being reported.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked how the City's bio-solids contract with Synagro was affected by the cease and desist order issued to Synagro on September 29, 2022.
- Asked for the DDA status report.
BILLIE BRAUN, OWNER OF BILLIE'S KITCHEN
- Encouraged the community to participate in the upcoming Letter's to Santa event. - Asked where the polling places for District 2 were located.
PERRY PACK, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY.
ROLAND ULLOA, DOS COSTAS COMMUNICATIONS
- Discussed the importance of following Rosenberg's Rules of Order. - Asked if the City Council had an attendance policy.
- Commended staff for organizing the City's 75th Anniversary event. - Discussed concerns with the public speakers not being featured on camera and asked CITY ATTORNEY MATTHEW SUMMERS for clarification on the legal implications.
Minutes-November 7, 2022
PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Stated that MAYOR COURTNEY was not obstructing public access to meetings. - Discussed concerns with the public's treatment of MAYOR COURTNEY.
KIM MARTIN, BARSTOW, CALIFORNIA
- Commended MAYOR COURTNEY for his efforts.
- Addressed COUNCIL MEMBER ROSE's comments from the October 17, 2022 meeting.
MARCIA WEASMA, BARSTOW, CALIFORNIA
- Encouraged the community to donate to the Barstow Senior Center's holiday meal program. - Invited the community to attend the Barstow Senior Center's upcoming Thanksgiving Dinner and dessert day and stated that volunteers were needed to serve meals.
ET SNELL, BARSTOW, CALIFORNIA
- Discussed concerns with the Barstow Professional Firefighters Association endorsing City Council candidates.
LATRINA WALLACE, BARSTOW, CALIFORNIA
- Expressed support for MAYOR COURTNEY and encouraged the Council and community to work together.
JIM BROWN, BARSTOW, CALIFORNIA
- Discussed concerns with CITY MANAGER WILLIE HOPKINS, JR.
BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Provided an update from the October 25, 2022 Rules and Policies Committee meeting. - Stated the next Rules and Policies meeting was November 28, 2022 and next Homeward Bound Committee was November 9, 2022.
- Congratulated Joslin Crank on recently being crowned Miss Barstow along with Teen Miss Barstow Mirage Dillow,
- Requested that CITY TREASURER MICHAEL LEWIS be present at an upcoming meeting and asked when the next Measure Q Financial Report would be presented. - Asked CITY MANAGER WILLIE HOPKINS, JR. for an update on allowing speakers to be on camera and if there were any technical issues.
- Encouraged the community to vote in the upcoming election and to vote yes on Measure H.
MAYOR PRO TEM NOBLE
- Stated the next Military Affairs meeting was November 8, 2022 and the next Victor Valley Transit Authority meeting was November 21, 2022 in the City Council Chambers. - Discussed the recent passing of longtime Barstow resident Tommy Sanders who was a Vietnam veteran, Purple Heart recipient and Medal of Valor recipient. - Thanked Mr. Sanders for his service to the community and nation. - Encouraged the community to work together and stated that Council meetings were not the place to attack Council Members and their families.
COUNCIL MEMBER DYER KRUSE
- Discussed the recent Solid Waste Advisory Task Force meeting where SB 1383 was discussed. - Also discussed recent events she attended including the Desert Sanctuary Open House, Skyline Elementary School's Fall Festival, Stiizy Grand Opening and the Mardi Gras Parade. - Asked CITY MANAGER WILLIE HOPKINS, JR. how the Intergovernmental Services Agreement funds would be spent and requested a future study session on the topic.
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that staff was hoping to schedule a study session before the end of the calendar year.
Minutes-November 7, 2022
COUNCIL MEMBER SILVA
- Congratulated Joslin Crank on recently being crowned Miss Barstow. - Requested an update on the DDA's and lobbyist contracts. - Encouraged everyone to vote and educated the public about Measure H.
CITY MANAGER WILLIE HOPKINS, JR.
- Discussed the legal implications of the DDA's and stated that the City had multiple outdated DDA's and staff was still researching and working in collaboration with the Council to determine next steps. - Also noted that staff was pursuing other lobbyist services and were planning on bringing a contract forward for Council approval during the first quarter of 2023.
MAYOR COURTNEY
- Recognized and congratulated all City of Barstow employees that were receiving service awards in 2022.
- Discussed the recent Miss Barstow competition and congratulated the winners. - Discussed recent events he attended including the Desert Sanctuary Open House, Skyline Elementary School's Fall Festival, Stiizy Grand Opening and the Mardi Gras Parade. - Provided an update on the November 2, 2022 San Bernardino County Transportation Authority (SBCTA) Board Meeting along with SBCTA's downtown station ribbon cutting. - Encouraged the community to vote.
STAFF REPORTS:
None.
PUBLIC SAFETY UPDATES:
ACTING FIRE CHIEF NICK DINAPOLI
- Provided safety tips on the use of space heaters, heating blankets, stoves, etc.
POLICE CHIEF ANDREW ESPINOZA, JR.
- Commended Officer Jaramillo and his K-9 partner Bailey for their recent and second narcotics seizure since Baily joined the force.
- Encouraged the community to attend the Officers versus Barstow High School Boys Basketball Team Tournament on November 9, 2022.
- Mentioned they will be at Billie's Kitchen for the upcoming Tacos with Cops event.
CITY MANAGER / DISTRICT MANAGER COMMENTS:
CITY MANAGER WILLIE HOPKINS, JR.
- Encouraged all to attend the upcoming BIG Project Community Engagement Meetings. - Stated that the City received a $5.2 million grant for streetscapes, sidewalks, etc. - Discussed creating a Citizens University to inform the public on how local government operates.
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
10. APPROVAL OF COMMUNITY SERVICES DEPARTMENT POSITIONS Recommended Action:
Staff is recommending that City Council:
1. Approve the additional positions in the Community Services Department to include one Field Services Supervisor, one Facility Maintenance Supervisor, one Parks and Open Space Supervisor, and one additional Public Services Assistant.
2. Authorize the City Manager to start the recruitment process and backfill any vacancies from Minutes-November 7, 2022
internal promotions that might occur as a result of filling the additional positions.
GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Presented the staff report as filed with the City Clerk. - Discussed recent turnover, attrition and the personnel needs evaluation of the Community Services Division.
SPEAKERS
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Commended GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS. - Discussed the importance of addressing parks maintenance.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked how lower level positions would be backfilled and what the timeline to fill positions would be.
MAYOR PRO TEM NOBLE
- Asked how long would it take to fill positions.
- Also asked how parks and recreation service delivery would be affected.
GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Stated that staff would take the necessary time to fill the positions with the most qualified candidates. Stated that the lack of succession planning had been a challenge.
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that other organizational changes including parks and recreation service delivery would be brought before the Council at an upcoming meeting.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
11. CONSIDERATION OF RESOLUTION DECLARING REAL PROPERTY LOCATED AT 1701 E.
MAIN STREET EXEMPT SURPLUS LAND
Recommended Action:
The City Council adopt Resolution No. 5109-2022 declaring the parcel at 1701 E. Main Street exempt surplus land and not necessary for the City’s use and directing staff to take further steps to dispose of the land consistent with the Surplus Land Act.
Exhibit A - Resolution No. 5109-2022
Exhibit B - Quit Claim Deed
Exhibit C - Renderings Submitted by the Marsella Family Exhibit D - Site Photos
Exhibit E - Transfer Agreement for 1701 E. Main St.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk.
COUNCIL MEMBER SILVA
- Stated that the address of 1701 E. Main Street actually belonged to the buyer and the APN# should be referenced instead.
- Stated Exhibit B should read Grant Deed instead of Quit Claim Deed - Stated Section 16 of the Transfer Agreement should state "15 days.” Minutes-November 7, 2022
- Stated that the blank spaces should be completed with "Escrow."
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if utility easements were included on the property. - Also asked if any proposed development would go before the Planning Commission.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated that easements were not included and any proposed developments would go before the Planning Commission.
TED WEASMA, BARSTOW, CALIFORNIA
- Stated that all documents should read “property near 1701 E. Main Street.” - Suggested that the property be appraised.
DISCUSSION
COUNCIL MEMBER SILVA
- Explained assessed value, market value and appraised value on properties.
COUNCIL MEMBER ROSE
- Thanked staff for their hard work and COUNCIL MEMBER SILVA for his institutional knowledge stating that it would be missed.
Motion by COUNCIL MEMBER SILVA, seconded by COUNCIL MEMBER DYER KRUSE, and unanimously carried to adopt Resolution No.5109-2022 declaring the parcel on 1701 E. Main Street exempt surplus land and not necessary for the City’s use and directing staff to take further steps to dispose of the land consistent with the Surplus Land Act with the following amendments:
- Reference the APN# instead of the address of 1701 E. Main Street; - Amend Exhibit B to read Grant Deed instead of Quit Claim Deed; - Amend Section 16 to state "15 days;"
- Complete the blank spaces throughout the purchase agreement.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
12. AMENDMENT TO THE CITY COUNCIL RULES FOR THE CONDUCT OF ITS MEETING PROCEEDINGS AND BUSINESS AND REPEALING RESOLUTION 4647-2011 Recommended Action:
Adopt Resolution No. 5108-2022, amending the City Council rules for the conduct of its meeting proceedings and business, repealing Resolution 4647-2011; and waive the full reading.
CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk.
COUNCIL MEMBER SILVA
- Suggested adding public comments behind Item 9.
Minutes-November 7, 2022
COUNCIL MEMBER DYER KRUSE
- Asked for clarification on the last paragraph of page 2 of the resolution that references a separate discussion of Consent Calendar items when a member of the audience submits a request to speak.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that the reference to a separate discussion of Consent Calendar items when a member of the audience submits a request to speak was a typo and should be struck.
SPEAKERS
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that Public Hearings should be placed ahead of Business/Action Items. - Also noted that General, Non-Agenda Public Comment should be placed ahead of Council Committee Reports giving the Council to respond to questions from the public.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked how the Council would address any Council Members exceeding the six-minute time limit.
DISCUSSION
COUNCIL MEMBER ROSE
- Requested that Business of the Council and Council Committee Reports be separated. Noted that Council Committee Reports should be first followed by Business of the Council with a sixminute time limit. - Discussed the protocol within Rosenberg's Rules of Order about calling a point of order should the six-minute time limit be exceeded.
Motion by COUNCIL MEMBER ROSE, seconded by COUNCIL MEMBER SILVA, and unanimously carried, to adopt Resolution No. 5108-2022 with the following amendments:
- Add Public Comments after Item 9;
- Amend Section 1A to state “with notice” instead of “without notice;” - Strike “or a member of the audience has submitted a request to speak” from the second sentence of the last paragraph on page 2;
- Separate Business of the Council/Council Committee Reports with Council Committee Reports occurring first with no time limit followed by Business of the Council with a six-minute time limit.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
Minutes-November 7, 2022
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 10:07 P.M. in memory of Tommy Sanders.
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