BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MAY 1, 2023
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-May 1, 2023
CALL TO ORDER - CLOSED SESSION:
MAYOR PRO TEM NOBLE called the Closed Session Meeting to order at 6:02 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 Absent
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 HANDING IT 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 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-May 1, 2023
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if the Mayor could be held personally liable for the lawsuits from former employees against the City.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSENT: Courtney
MAYOR COURTNEY ARRIVED AT 6:04 P.M.
CLOSED SESSION AGENDA ITEMS:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Recommended Action:
Conference with Real Property Negotiator (Gov’t Code §54956.8) Property Address: APNs:
• 0424-081-10-0000;
• 0424-081-29-00000;
• 0424-081-43-0000;
• 0424-081-79-0000; and
• 0424-081-90-0000
Agency Negotiator: Willie Hopkins, Jr. City Manager
Negotiating Party: San Bernardino County
Under Negotiation: Price and Terms of Payment
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 7:07 P.M REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider one item regarding conference with real property negotiations related to five parcels. Direction was provided to Council and staff and no reportable action was taken.
INVOCATION:
MAYOR PRO TEM NOBLE gave the invocation.
PLEDGE OF ALLEGIANCE:
COUNCILMEMBER DYER KRUSE led the pledge of allegiance.
Minutes-May 1, 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 HANDING IT 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.
Motion by COUNCILMEMBER HERNANDEZ, seconded by COUNCILMEMBER ROSE, and carried 4-1, to approve the agenda and table Item 5 to the next Council meeting.
RESULT: APPROVED [4 TO 1]
MOVER: Carmen Hernandez, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Hernandez
NAYS: Courtney
Motion by COUNCILMEMBER HERNANDEZ, seconded by MAYOR PRO TEM NOBLE, and carried 5-0, to approve the agenda with remaining items.
COUNCILMEMBER ROSE
- Requested that page 9 of the minutes be amended to state that she had requested clarification on the motion for Item 13 prior to the votes being displayed.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem Carmen Hernandez, Council Member AYES: Noble, Kruse, Rose, Courtney, Hernandez
Minutes-May 1, 2023
PRESENTATIONS:
2. FRONTIER COMMUNICATIONS STREET RESTORATION PRESENTATION Recommended Action:
Presentation only.
DOUGLAS McALLISTER, FRONTIER COMMUNICATIONS
- Provided an update on the installation of fiber broadband throughout Barstow. - Discussed the benefits of fiber broadband and its impact on the community. - Encouraged the community to visit www.frontier.com for more information. - Also encouraged staff and the Council to contact him directly should any questions arise.
COUNCILMEMBER HERNANDEZ
- Thanked MR. McALLISTER for the presentation and for allowing the public to ask any questions they may have.
COUNCILMEMBER DYER KRUSE
- Thanked MR. McALLISTER for the presentation and discussed the importance of infrastructure improvements with upcoming growth.
COUNCILMEMBER ROSE
- Discussed concerns with the lack of communication and damage caused to multiple residents' properties.
DOUGLAS McALLISTER OF FRONTIER COMMUNICATIONS
- Stated that he would share the Council's comments and recording of the meeting with Frontier's CEO.
MAYOR PRO TEM NOBLE
- Asked what corrective action Frontier would take to prevent any further issues.
DOUGLAS McALLISTER OF FRONTIER COMMUNICATIONS
- Discussed other options aside from door hangars such as signage placed throughout the streets and stated Frontier was open to any suggestions from the City.
MAYOR COURTNEY
- Suggested not eliminating door hangars as there were residents who did find them useful. - Thanked Frontier Communications for investing in Barstow.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Suggested that a contact person with the City be assigned to respond to any questions. - Asked about how the wiring would be installed in the older and new sections of Barstow. - Asked if this type of wiring would be required for new developments that come to 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-May 1, 2023
MINUTES ALL AGENCIES:
3. MINUTES REGULAR MEETING - APRIL 17, 2023, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
COUNCILMEMBER ROSE
- Requested that page 9 of the minutes be amended to state that she had requested clarification on the motion for Item 13 prior to the votes being displayed.
Motion by COUNCILMEMBER HERNANDEZ, seconded by MAYOR COURTNEY, and unanimously carried to approve the minutes as amended.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
ACCOUNTS PAYABLE ALL AGENCIES:
4. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #90950-91288 totaling $4,548,423.79 and wires #868-871 totaling $191,432.97, per the Agency breakdown below:
City: $4,520,600.49
Fire: $219,256.27
Successor Agency: $0.00
Grand Total: $4,739,856.76
SPEAKERS
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asked for a breakdown of check #91196 payable to Colantuono and Highsmith and the amount attributed to lawsuits against the City.
- Asked for a breakdown of check #91220 payable to Jackson Lewis.
COUNCILMEMBER DYER KRUSE
- Recused from check #91114.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Paul Anthony Courtney, Mayor
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.
Minutes-May 1, 2023
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
5. FIRST READING AND INTRODUCTION OF ORDINANCE NO. ____-2023 AMENDING CHAPTER 2.48 OF THE BARSTOW MUNICIPAL CODE "PERSONNEL SYSTEM" Recommended Action:
Introduce Ordinance ____-2023 amending Chapter 2.48 of the Barstow Municipal Code "Personnel System" and waive the full reading.
RESULT: TABLED
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
TED WEASMA, BARSTOW, CALIFORNIA
- Suggested that the City host a Cinco de Mayo event.
- Invited the community to attend the Cinco de Mayo celebration event at the Barstow Senior Center on May 6, 2023.
- Asked the Council to stop the overspending of Measure Q funds.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Commended CHIEF OF POLICE ANDREW ESPINOZA, JR. for how the arrest of a suspect on April 28, 2023 was handled.
IRA GWIN, BARSTOW, CALIFORNIA
- Discussed concerns with BNSF's relocation of tenants and their rights under Government Code 7260.
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed concerns with the Barstow Police Department's pattern of police brutality.
BILLIE BRAUN, OWNER OF BILLIE'S KITCHEN
- Invited the community to participate upcoming events including Taco Tuesday, May the 4th Be With You and Cinco de Mayo.
- Invited the Council, staff and the community to attend National Day of Prayer event on May 4, 2023.
CARMEN BROWN, BARSTOW, CALIFORNIA
- Asked about the arrest of a suspect on April 28, 2023, if body camera footage was available and what corrective action would be taken.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Thanked ADMINISTRATIVE ANALYST JESSICA REED for organizing the recent Earth Day event. - Suggested that the City plant a tree every year for Arbor Day. - Congratulated FIRE CHIEF NICK DINAPOLI, asked why it took so long to appoint him permanently and what happened to the prior Fire Chief.
- Encouraged the community to attend the Barstow Senior Center's Mother's Day event on May 6, 2023 and the upcoming Free Vaccination Clinic on May 6, 2023.
Minutes-May 1, 2023
ANTHONY BROWNE, BARSTOW, CALIFORNIA
- Discussed concerns with the arrest of a suspect on April 28, 2023, if body camera footage was available and what corrective action would be taken.
ROBERT GRAHAM, BARSTOW, CALIFORNIA
- Encouraged the Mayor and Council to respect each other. - Expressed support for MAYOR COURTNEY.
JIM BROWN, BARSTOW, CALIFORNIA
- Thanked COUNCILMEMBER ROSE for holding Frontier Communications accountable. - Asked why his property was featured in aerial footage in a recent BNSF video. - Asked why CITY TREASURER MICHAEL LEWIS had not been at City Council meetings.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with the lack of major street projects being funded. - Asked if COUNCILMEMBER DYER KRUSE sold her property to BNSF and how that affected her ability to vote on the BIG project.
- Discussed concerns with MAYOR COURTNEY.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Commended CHIEF OF POLICE ANDREW ESPINOZA, JR. for addressing the arrest of a suspect April 28, 2023.
- Discussed concerns with MAYOR COURTNEY and lawsuits from current and former female City employees.
STAFF REPORTS:
CITY MANAGER'S APRIL 2023 UPDATE
Recommended Action:
Receive and file.
RESULT: PRESENTATION ONLY
COUNCIL COMMITTEE REPORTS:
COUNCILMEMBER ROSE
- Stated the next Rules and Policies Committee meeting was May 9, 2023 and planned to suggest that community members be appointed to the Committee.
- Stated the next Homeward Bound Committee meeting was May 10, 2023.
MAYOR PRO TEM NOBLE
- Stated the next Military Affairs meeting was May 9, 2023 and the next Victor Valley Transit Authority meeting was May 15, 2023 in Barstow.
COUNCILMEMBER DYER KRUSE
- Stated the next Solid Waste Joint Powers Authority meeting would be May 11, 2023.
COUNCILMEMBER HERNANDEZ
- Discussed recent Desert Mountain Division meeting on April 21, 2023. - Provided an update on the April 24, 2023 Mojave Desert Air Quality Management District budget meeting.
- Discussed the recent Earth Day event.
- Stated that donations of dog food, socks, etc collected by Cal State San Bernardino students would be distributed on May 4, 2023 at Barstow Community College.
Minutes-May 1, 2023
- Requested a special Street Committee meeting on May 3, 2023 due to concerns with the Trenching Policy. Also requested that the meeting be recorded.
MAYOR COURTNEY
- Discussed recent volunteer recognition event at the Marine Corps Logistics Base. - Stated he would be attending upcoming the San Bernardino County Transportation Authority Board Meeting on May 3, 2023 and the Southern California Association of Government's General Assembly Meeting on May 4 - 5, 2023.
COUNCILMEMBER ROSE
- Stated that any travel by MAYOR COURTNEY should be approved in advance by the City Council.
Discussion ensued regarding advance approval for travel not funded by the City.
RECESS:
COUNCILMEMBER DYER KRUSE called for a recess at 8:41 P.M.
The meeting reconvened at 8:46 P.M. with all members present.
COUNCILMEMBER ROSE, motioned, COUNCILMEMBER HERNANDEZ, seconded to have a discussion of travel for elected officials during Closed Session.
BUSINESS OF THE COUNCIL:
COUNCILMEMBER ROSE
- Motioned, seconded by COUNCILMEMBER HERNANDEZ, to direct the City Manager to review the policy on having the City Treasurer sign accounts payable checks payable in his favor.
MAYOR PRO TEM NOBLE
- Thanked ROBERT GRAHAM for his service and his comments regarding the Council representing the citizens positively.
- Wished all a happy Mother's Day.
- Thanked City staff for their hard work and congratulated all staff who were recently promoted.
COUNCILMEMBER DYER KRUSE
- Discussed April 21, 2023 Desert Mountain Division meeting and looked forward to the next meeting in June.
- Requested that the Council attend the next Desert Mountain Division Meeting in Mammoth Lakes on June 1 – 2, 2023. No Council Members objected.
- Seconded COUNCILMEMBER HERNANDEZ's request for a Street Committee meeting on May 3, 2023.
- Clarified that her motion for the Street Committee resolution agenda item did include appointment of community members by district.
COUNCILMEMBER HERNANDEZ
- Encouraged the community to contact the Inland Fair Housing and Mediation Board at 760-243- 2412 for mobile home issues and questions.
MAYOR COURTNEY
- Stated that a thorough investigation was being conducted regarding the arrest of a suspect on April 28, 2023.
- Commended all current and recently sworn-in public safety staff. - Wished all a happy Mother's Day.
Minutes-May 1, 2023
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned 9:03 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