BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
APRIL 3, 2023
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-April 3, 2023
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the Closed Session Meeting to order at 6:05 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 Council Member Present
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Present
Carmen Hernandez 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.
Minutes-April 3, 2023
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
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Expressed concerns with the new lawsuit and the way the last Council meeting was conducted during public comments.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
CLOSED SESSION AGENDA ITEMS:
1. PUBLIC EMPLOYEE APPOINTMENT
Recommended Action:
(Government Code Section 54957)
Title: Public Safety Director
2. 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 two items, one regarding public employee appointment of a Public Safety Director and another regarding initiation of litigation. Direction was provided to Council and staff and 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 meeting to order at 7:18 P.M.
INVOCATION:
MAYOR PRO TEM NOBLE led the invocation.
PLEDGE OF ALLEGIANCE:
COUNCILMEMBER DYER KRUSE led the pledge of allegiance.
Minutes-April 3, 2023
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
Carmen Hernandez 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.
MAYOR COURTNEY
- Stated that two additional presentations were added to the agenda which included a proclamation in recognition of Sexual Assault Awareness Month and presentation of certificates to the 40th Annual Barstow Community Recognition Award winners.
- Also stated that the presentation for Item 5 had been postponed.
Motion by COUNCILMEMBER HERNANDEZ, seconded by COUNCILMEMBER ROSE, and unanimously carried to approve the agenda as amended.
MAYOR COURTNEY AND COUNCIL
- Presented a proclamation in recognition of Sexual Assault Awareness Month.
MAYOR COURTNEY, COUNCIL AND EUGENE BUTTICCI OF THE BARSTOW AREA CHAMBER
OF COMMERCE
- Presented certificates of recognition to the winners of the 40th Annual Barstow Community Recognition Awards.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
PRESENTATIONS:
3. PRESENTATION OF PROCLAMATION TO DONATE LIFE CALIFORNIA IN RECOGNITION
OF DMV/DONATE LIFE MONTH
Recommended Action:
Present proclamation to Donate Life California in recognition of DMV/Donate Life California Month.
Minutes-April 3, 2023
MAYOR COURTNEY AND COUNCIL
- Presented a proclamation to Donate Life California in recognition of DMV/Donate Life California Month.
RESULT: PRESENTATION ONLY
4. PRESENTATION OF PROCLAMATION IN RECOGNITION OF NATIONAL FAIR HOUSING MONTH
Recommended Action:
Presentation only.
MAYOR COURTNEY AND COUNCIL
- Presented a proclamation in recognition of National Fair Housing Month.
RESULT: PRESENTATION ONLY
5. AFTER-EVENT AND PRESENTATION BY ON THE RISE INC.
Recommended Action:
After-event report and presentation only.
RESULT: TABLED Next: 4/17/2023 6:00 PM
6. PRESENTATION OF PROCLAMATION IN RECOGNITION OF SEXUAL ASSAULT
AWARENESS MONTH
Recommended Action:
Presentation only.
MAYOR COURTNEY AND COUNCIL
- Presented a proclamation in recognition of Sexual Assault Awareness Month.
RESULT: PRESENTATION ONLY
7. PRESENTATION OF CERTIFICATES TO 40TH ANNUAL BARSTOW COMMUNITY
RECOGNITION AWARD WINNERS
Recommended Action:
Presentation only.
MAYOR COURTNEY, COUNCIL AND EUGENE BUTTICCI OF THE BARSTOW AREA
CHAMBER OF COMMERCE
- Presented certificates of recognition to the winners of the 40th Annual Barstow Community Recognition Awards.
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-April 3, 2023
MINUTES ALL AGENCIES:
6. MINUTES REGULAR MEETING - MARCH 20, 2023 AT 7:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
ACCOUNTS PAYABLE ALL AGENCIES:
7. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #90616-90949 totaling $3,590,888.98 and wires #863-867 totaling $181,202.74, per the Agency breakdown below:
City: $3,543,368.27
Fire: $228,723.45
Successor Agency: $0.00
Grand Total: $3,772,091.72
MAYOR PRO TEM NOBLE
- Abstained from check #90797.
COUNCILMEMBER DYER KRUSE
- Abstained from checks #'s 90805 and 90923.
COUNCILMEMBER ROSE
- Abstained from check #90814.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
CITY COUNCIL:
8. COMMUNITY PROMOTIONAL FUND APPLICATION FOR NEW HOPE VILLAGE, INC.
Recommended Action:
Approve Community Promotional Fund fee waiver for the use of the Harvey House in the amount of $1,000.
SPEAKERS
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Expressed support for awarding funds to New Hope Village, Inc.
Minutes-April 3, 2023
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
9. COMMUNITY PROMOTIONAL FUND APPLICATION FROM HIGH DESERT JUNIOR
SHOOTERS
Recommended Action:
Approve Community Promotional Fund of in-kind donation in the amount of $2,550 for waiver of fees for the use of the Cora Harper Center.
SPEAKERS
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Expressed support for awarding funds to High Desert Junior Shooters.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
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.
BUSINESS / ACTION ITEMS:
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
EUGENE BUTTICCI, BARSTOW AREA CHAMBER OF COMMERCE
- Thanked the 40th Annual Barstow Community Recognition Awards planning committee members. - Stated that information on the Barstow International Gateway (BIG) project was available on the Chamber's website.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked what the balance of the Measure Q funds were.
- Asked about the process of removing an elected official under Senate Bill 1100. - Discussed concerns with subcommittees.
Minutes-April 3, 2023
GILBERT ASA, BARSTOW, CALIFORNIA
- Discussed concerns with the Barstow Police Department and City Council.
TED WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns with the New Mexico Chili Cook Off and fertilizer being placed on the grass prior to the event.
- Also discussed concerns with the lack of trash receptacles at the event.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Thanked DeeLux Realty and other Barstow realtors for their support of the Barstow Humane Society.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY and the pending litigation against the City. - Expressed support for POLICE CHIEF ANDREW ESPINOZA, JR. and ACTING FIRE CHIEF NICK DINAPOLI.
JIM BROWN, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY and asked him to resign. - Asked the City Council for a vote of no confidence in MAYOR COURTNEY.
VIRGINIA BROWN, CALIFORNIA
- Discussed the need for a standing Street Committee.
STAFF REPORTS:
CITY MANAGER'S MARCH 2023 UPDATE
Recommended Action:
Receive and file.
RESULT: PRESENTATION ONLY
COUNCIL COMMITTEE REPORTS:
COUNCILMEMBER ROSE
- Stated the next Homeward Bound Committee was April 12, 2023. - Discussed the Homeward Bound Committee’s efforts with donating pet food to the Barstow Humane Society along with clothing, water, toiletries, etc to the local homeless population. Encouraged the community to participate.
- Discussed the March 28, 2023 Rules and Policies Committee meeting. Stated she would schedule a meeting with CITY MANAGER WILLIE HOPKINS, JR. to discuss concerns with the proposed amendments to the resolution renewing the Committee's mandate. - Also discussed concerns with proposed amendments to the resolution renewing the Street Committee’s mandate.
MAYOR PRO TEM NOBLE
- Stated that the next Military Affairs meeting was April 11, 2023 and the next Victor Valley Transit Authority board meeting was April 17, 2023.
COUNCILMEMBER DYER KRUSE
- Discussed the March 28, 2023 Rules and Policies Committee meeting and the proposed amendments to the resolution renewing the Committee’s mandate.
COUNCILMEMBER HERNANDEZ
Minutes-April 3, 2023
- Provided an update on the March 27, 2023 Mojave Desert Air Quality Management District board meeting.
MAYOR COURTNEY
- Discussed the upcoming San Bernardino County Transportation Authority board meeting on April 5, 2023.
BUSINESS OF THE COUNCIL:
COUNCILMEMBER ROSE
- Motioned, seconded by COUNCILMEMBER HERNANDEZ, to conduct a Measure Q Workshop. - Requested that the Council Members alternate presenting proclamations and awards during Council meetings.
- Discussed recent events she attended including Barstow Community College Women's History Month event, the Spay/Neuter Clinic, 40th Annual Community Recognition Awards, Easter Egg Hunt and New Mexico Chili Cook Off.
- Encouraged the community to attend the April 5, 2023 Street Committee meeting.
MAYOR PRO TEM NOBLE
- Discussed recent community events he attended including the 40th Annual Community Recognition Awards, Easter Egg Hunt and New Mexico Chili Cook Off.
COUNCILMEMBER DYER KRUSE
- Stated she attended the March 28, 2023 Measure Q Resident Oversight Commission meeting. - Discussed recent community events she attended and upcoming events including Shred Fest and Earth Day.
- Clarified that the Planning Commission serves as the traffic committee.
COUNCILMEMBER HERNANDEZ
- Motioned, seconded by COUNCILMEMBER ROSE, to establish a date for a Council retreat by the next Council meeting.
- Motioned, seconded by COUNCILMEMBER ROSE, to conduct a Measure Q workshop. - Asked CITY ATTORNEY MATTHEW SUMMERS for clarification on removal procedures from a public meeting under Senate Bill 1100.
- Motioned, seconded by COUNCILMEMBER DYER KRUSE, for a policy on the Community Promotional Fund.
- COUNCILMEMBER ROSE requested that the policy be reviewed by the Rules and Policy Committee.
- Asked CITY ATTORNEY MATTHEW SUMMERS for an analysis on property tax loss that would occur as a result of the BIG project.
CITY ATTORNEY MATTHEW SUMMERS
- Discussed the procedures for removing disruptive individuals from a public meeting under Senate Bill 1100.
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that the City already had a Community Promotional Fund Policy.
MAYOR COURTNEY
- Commended POLICE CHIEF ANDREW ESPINOZA JR. and ACTING FIRE CHIEF NICK DINAPOLI.
- Discussed CALIFORNIA STATE TREASURER FIONA MA's recent visit to Barstow. - Stated that Mexican Consulate representatives would be in Barstow April 11 - 15, 2023.
Minutes-April 3, 2023
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 8:43 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