BARSTOW CITY COUNCIL/SUCCESSOR AGENCY/BFPD
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
DECEMBER 5, 2022
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-December 5, 2022
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the Closed Session meeting to order at 6:08 P.M.
INVOCATION:
MAYOR PRO TEM NOBLE led the invocation.
PLEDGE OF ALLEGIANCE:
COUNCILMEMBER DYER KRUSE led the pledge of allegiance.
ROLL CALL:
Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse Councilmember Present
Barbara Mae Rose Councilmember Present
Paul Anthony Courtney Mayor Present
Timothy Silva Councilmember 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.
Minutes-December 5, 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.
None.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Councilmember
SECONDER: Marilyn Dyer Kruse, Councilmember
AYES: Noble, Kruse, Rose, Courtney, Silva
CLOSED SESSION AGENDA ITEMS:
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: [1]
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider one item regarding anticipated litigation.
Direction was provided to Council and staff no reportable action was taken.
INVOCATION:
MAYOR PRO TEM NOBLE gave 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 meeting to order at 7:11 PM
PLEDGE OF ALLEGIANCE:
MAYOR COURTNEY led the pledge of allegiance.
Minutes-December 5, 2022
ROLL CALL:
Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse Councilmember Present
Barbara Mae Rose Councilmember Present
Paul Anthony Courtney Mayor Present
Timothy Silva Councilmember 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.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that Item 3 was postponed to a future meeting and Item 11 was continued to an upcoming meeting in order to provide the public with more information.
Motion, by COUNCILMEMBER SILVA, seconded by COUNCILMEMBER DYER KRUSE, and unanimously carried, to approve the agenda pulling Item 3 and continuing Item 11.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Councilmember
SECONDER: Marilyn Dyer Kruse, Councilmember
AYES: Noble, Kruse, Rose, Courtney, Silva
PRESENTATIONS:
2. PRESENTATION FROM SKYLINE NORTH ELEMENTARY SCHOOL
Recommended Action:
Presentation only.
Faculty and students from Skyline North Elementary School discussed recent and upcoming school events. Students also congratulated Mr. Jason Dokie on being selected as Barstow Unified School District Teacher of the Year.
RESULT: PRESENTATION ONLY
Minutes-December 5, 2022
3. PRESENTATION FROM BARSTOW COMMUNITY HOSPITAL
Recommended Action:
Presentation only.
RESULT: PRESENTATION ONLY - POSTPONED
4. PROPERTY ABATEMENT PROJECT UPDATE
Recommended Action:
Presentation only.
CODE COMPLIANCE SUPERVISOR MARY WILLBOND
- Provided an update on recent property abatement projects.
MAYOR COURTNEY
- Commended CITY MANAGER WILLIE HOPKINS, JR and Code Compliance staff for prioritizing abatement of blighted properties.
MAYOR PRO TEM NOBLE
- Commended staff and asked that they continue to follow-up on blighted properties.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Discussed challenges with enforcing compliance during COVID along with current enforcement efforts by staff.
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:
5. MINUTES REGULAR MEETING - NOVEMBER 21, 2022 AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
COUNCILMEMBER SILVA
- Requested that Item 11 be amended to state "no action taken." Motion by COUNCILMEMBER SILVA, seconded by MAYOR PRO TEM NOBLE, and unanimously carried to approve the minutes as amended.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Councilmember
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
Minutes-December 5, 2022
ACCOUNTS PAYABLE:
6. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #89368-89730 totaling $4,842,380.31 and wires #840-845 totaling $203,319.95, per the Agency breakdown below:
City: $4,793,878.63
Fire: $250,371.63
Successor Agency: $1,450.00
Grand Total: $5,045,700.26
SPEAKERS
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Asked if check #89502 payable to PERMA for $444,086.75 was from the Measure Q fund. - Asked if City staff were allowed to use City-issued credit cards to purchase items from fast food establishments.
COUNCILMEMBER DYER KRUSE
- Recused from check #89649.
COUNCILMEMBER ROSE
- Asked what the process was for staff purchasing meals.
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that staff are reimbursed for meals purchased during travel, working meetings, etc.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Councilmember
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
CITY COUNCIL:
7. COMMUNITY PROMOTIONAL FUND APPLICATION FROM THE BARSTOW YOUTH SPORTS
COALITION
Recommended Action:
Approve Community Promotional Fund donation in the amount of $1,000 for waiver of fees for use of the Harvey House.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Councilmember
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
8. RESOLUTION TEMPORARILY CLOSING A PORTION OF WHITE STREET WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH SECTION 21101(E) OF THE CALIFORNIA VEHICLE
CODE FOR LETTERS TO SANTA CHRISTMAS PARTY
Recommended Action:
Adopt Resolution 5110-2022 in accordance with Section 21101(E) of the California Vehicle Code and waive the full reading.
Minutes-December 5, 2022
SPEAKERS
BILLIE BRAUN, OWNER OF BILLIE'S KITCHEN
- Stated that they were requesting closure of the dirt area near the restaurant for the Letters to Santa event.
- Thanked the City Council for their support.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Councilmember
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
9. ADOPTION OF ORDINANCE 994-2022 APPROVING DEVELOPMENT AGREEMENT WITH CULTURE BARSTOW ON THE 15 LLC
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 994-2022 approving Culture Barstow on the 15, LLC application for a Commercial Dispensary permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its September 26, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Councilmember
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).
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
10. APPROVAL OF CODE COMPLIANCE OFFICER I POSITIONS AND ADMINISTRATIVE
ANALYST POSITION
Recommended Action:
Staff is recommending Council approve the additional positions to be hired prior to the implementation of the Annual Rental Inspection Program on January 1 2023, at the discretion of the City Manager.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk. - Also noted that staff anticipated covering all costs through fees collected estimated at $375,000.
Discussion ensued regarding the potential revenue shortfall that would possibly occur from January to July 2023 as revenues were collected while the program was implemented.
INTERIM FINANCE DIRECTOR MARC PUCKETT
- Stated that revenues generated should be sufficient to offset salaries during the first few months of the program.
Minutes-December 5, 2022
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if current employees were included in the department's budget. - Asked if revenues and expenditures would be accounted for in a separate fund. - Asked if there was a period for compliance/inspection.
TED WEASMA, BARSTOW, CALIFORNIA
- Suggested updating current rental inspection codes.
MARCIA WEASMA, BARSTOW, CALIFORNIA
- Asked what the period would be from hiring of staff to starting the inspection process.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Discussed how revenues and expenditures would be accounted for. - Stated that a notice and check list would be sent to property owners, staff was in the process of updating codes and the timeline from hiring to enforcement would be approximately six months.
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Stated that additional Code Compliance officers were needed.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Councilmember
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
11. REQUEST FOR VOTE OF NO CONFIDENCE IN MAYOR COURTNEY Recommended Action:
Staff recommends that the City Council consider Councilmember Rose and Mayor Pro Tem Noble’s request for a vote of no confidence, and in so doing consider any response or rebuttal from Mayor Courtney, hear public testimony and take any action determined to be appropriate based on the matters presented and deliberated.
Attachments:
Exhibit A -Resolution No. ____-2022 Expressing a Vote of No Confidence in the Mayor Exhibit B - Resolution No. 4289-2006 [Adopted Ethics Code and Censure Policy] RESULT: CONTINUED [UNANIMOUS] Next: TBD
AYES: Noble, Kruse, Rose, Courtney, Silva
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.
Minutes-December 5, 2022
SPEAKERS
BRIAN ZANE, BARSTOW, CALIFORNIA
- Asked if public comments were made part of the record and why speakers were not featured on video.
- Suggested each Councilmember provided an update on their district. - Asked what Barstow's homeless population was.
- Also asked how many crimes were committed and calls for service resulted from the transient population.
- Discussed concerns with MAYOR COURTNEY.
ELENA RIVERA, BARSTOW, CALIFORNIA
- Recognized and thanked COUNCILMEMBER SILVA for sixteen years of service. - Also discussed the recent Women's Soroptimist Club's recent fashion show fundraising event and thanked the Council for their support.
- Discussed classes available through the Barstow Community College Adult Education program.
BILLIE BRAUN, OWNER BILLIE'S KITCHEN
- Invited all to attend the Letters to Santa event on December 17, 2022.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with CITY MANAGER WILLIE HOPKINS, JR. and CITY ATTORNEY MATTHEW SUMMERS as it related to the Merchants Barstow LLC cannabis project.
TED WEASMA, BARSTOW, CALIFORNIA
- Discussed recent Barstow Senior Center and Barstow Gem and Mineral Club events. - Asked staff to repair the street light holiday decorations along downtown Main Street.
KIM MARTIN, BARSTOW, CALIFORNIA
- Asked not to be recorded on video during public comments. - Expressed support for MAYOR COURTNEY.
- Asked about the third party investigation (inaudible).
MARCIA WEASMA, BARSTOW, CALIFORNIA
- Thanked the community and City Council for their support of the Barstow Senior Center Thanksgiving event and Holiday Meals program.
PERRY PACK, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY.
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY and POLICE CHIEF ANDREW ESPINOZA, JR.
PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Discussed concerns with disrespect among the Council and the community. - Expressed support for MAYOR COURTNEY.
LATRINA WALLACE, BARSTOW, CALIFORNIA
- Encouraged each Councilmember to address blighted areas in their district. - Congratulated COUNCILMEMBER SILVA and thanked him for his service.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with speakers not featured on camera during public comments.
JIM BROWN, BARSTOW, CALIFORNIA
- Congratulated COUNCILMEMBER SILVA and thanked him for his service.
Minutes-December 5, 2022
STAFF REPORTS:
None.
PUBLIC SAFETY UPDATES:
ACTING FIRE CHIEF NICK DINAPOLI
- Discussed fire safety tips during the holiday season. - Recognized late Fire Engineer David Spink upon the one-year anniversary of his death.
POLICE CHIEF ANDREW ESPINOZA, JR.
- Stated that staff would provide data on the homeless population as it related to crime and calls for service.
- Thanked all who worked together to deliver holiday meals to residents. - Stated that an officer swearing-in and promotional ceremony would be on December 19, 2022 at 9 am.
- Noted that the Police Department was collecting toys for the Christmas, Cops and Kids program.
CITY MANAGER / DISTRICT MANAGER COMMENTS:
None.
COUNCIL COMMITTEE REPORTS:
COUNCILMEMBER ROSE
- Stated that the next Rules and Policies Committee meeting would be in January.
MAYOR PRO TEM NOBLE
- Stated he would be attending the Military Affairs meeting on December 13, 2022.
COUNCILMEMBER DYER KRUSE
- No committee reports.
COUNCILMEMBER SILVA
- No committee reports.
MAYOR COURTNEY
- Discussed upcoming San Bernardino County Transportation Authority (SBCTA) meetings.
BUSINESS OF THE COUNCIL:
COUNCILMEMBER ROSE
- Thanked COUNCILMEMBER SILVA for sixteen years of service and for his leadership and mentor ship.
- Thanked ACTING PARKS AND RECREATION SUPERINTENDENT SABRINA ELLIS and Parks and Recreation staff for organizing the Harvey House Christmas event. - Asked POLICE CHIEF ANDREW ESPINOZA, JR. for the policy referenced during Mr. Snell's comments regarding the tripod.
- Addressed Ms. Fields comments and asked that the podium be placed in the center of the Council Chambers and have the speakers featured on camera.
MAYOR PRO TEM NOBLE
- Thanked the Skyline North Elementary School students for their presentation and encouraged more schools to do the same.
- Congratulated Barstow Youth Football for their recent Super Bowl win.
Minutes-December 5, 2022
- Thanked staff for organizing the Harvey House Christmas event. - Thanked the Police and Fire Departments for their service. - Thanked COUNCILMEMBER SILVA for his service.
COUNCILMEMBER DYER KRUSE
- Discussed recent events she attended at Skyline North Elementary School. - Stated she attended the Harvey House Christmas event. - Thanked COUNCILMEMBER SILVA for his service and expertise.
COUNCILMEMBER SILVA
- Thanked the community, staff and the City Attorney for their efforts and support.
MAYOR COURTNEY
- Discussed recent events attended including the Barstow Senior Center Thanksgiving event, holiday reception at Fort Irwin and Harvey House Christmas.
- Stated he would be attending the Larry Chimbole Awards Dinner on December 8, 2022. - Thanked COUNCILMEMBER SILVA for his service.
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 9:33 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