REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MAY 15, 2023
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
REGULAR MEETING
Minutes-May 15, 2023
CALL TO ORDER - CLOSED SESSION:
MAYOR PRO TEM NOBLE called the Closed Session meeting to order at 6:00 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 15, 2023
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
CLOSED SESSION AGENDA ITEMS:
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Recommended Action:
(Government Code Section 54957)
TItle: City Manager
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with CITY MANAGER WILLIE HOPKINS, JR.
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Recommended Action:
Conference with Legal Counsel; Anticipated Litigation (Gov. Code § 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))
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
ITEM 1
- Stated that the City Council met in Closed Session to consider one item regarding the City Manager's performance evaluation. Direction was provided to Council and staff and no reportable action was taken.
ITEM 2
- Stated that the City Council met in Closed Session to consider one item regarding anticipated litigation and did take reportable action.
- Read a letter addressed to MAYOR COURTNEY from MAYOR PRO TEM NOBLE with the consent of the City Council directing him to refrain from making unauthorized public statements on behalf of the City Council without City Council majority vote authorizing such statements as a statement on behalf of the City.
INVOCATION:
PASTOR JAMES MILA FROM CROSSROADS ASSEMBLY 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 PRO TEM NOBLE CALLED THE MEETING TO ORDER AT 7:06 P.M.
Minutes-May 15, 2023
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 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.
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.
COUNCILMEMBER ROSE
- Requested that Item 6 be pulled for discussion.
MOTION by COUNCILMEMBER DYER KRUSE, seconded by COUNCILMEMBER HERNDANDEZ, and unanimously carried to approve the agenda pulling Item 6 for discussion.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSENT: Courtney
PRESENTATIONS:
3. PRESENTATION FROM SKYLINE NORTH ELEMENTARY SCHOOL
Recommended Action:
Presentation only.
Faculty and students from Skyline North Elementary School discussed recent and upcoming school events.
Minutes-May 15, 2023
RESULT: PRESENTATION ONLY
4. AFTER-EVENT REPORT AND PRESENTATION BY DOS COSTAS COMMUNICATIONS
CORPORATION
Recommended Action:
After-event report and presentation only.
ROLAND ULLOA, OF DOS COSTAS COMMUNICATIONS CORPORATION
- Provided an after-event report and presentation on the 17th Annual New Mexico Chili Cook-Off & Belen Fiesta held on April 1, 2023 at Foglesong Park. - Asked the Council to review and rescind the limit on donation amounts and non-profit organizations to donate to in order to support and expand on community events. - Discussed concerns with the City not having a policy in place for cannabis community benefit funds and asked the Council to establish a policy.
- Also discussed concerns with the City hosting an Egg Hunt on the same day as the Chili CookOff.
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 - MAY 1, 2023, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked why the May 3, 2023 Street Committee meeting was cancelled when COUNCILMEMBER HERNANDEZ motioned with no objections to hold the meeting. - Also asked why meetings were constantly cancelled.
CITY CLERK ANDREA FLORES
- Stated that there was a change on page 8 of the minutes. Stated that the last bullet point of COUNCILMEMBER HERNANDEZ's comments should reflect that there was a request to hold the May 3, 2023 Street Committee meeting and not a motion and second by COUNCILMEMBERS HERNANDEZ and DYER KRUSE.
CITY MANAGER WILLIE HOPKINS, JR.
- Clarified that he and COUNCILMEMBER DYER KRUSE did not cancel the May 3, 2023 Street Committee meeting.
Minutes-May 15, 2023
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSENT: Courtney
CITY COUNCIL:
6. APPROVAL FOR COUNCIL MEMBER MARILYN DYER KRUSE TO TRAVEL TO THE
DESERT MOUNTAIN DIVISION MEETING IN MAMMOTH, CA
Recommended Action:
Approve travel for Council Member Marilyn Dyer Kruse to attend the Desert Mountain Division Meeting in Mammoth, CA on June 1 - 2, 2023.
COUNCILMEMBER ROSE
- Thanked COUNCILMEMBER DYER KRUSE for following the correct protocol when it comes to travel and representing Barstow at the Desert Mountain Division meeting. - Asked if MAYOR COURTNEY would be attending as well.
- Stated she looked forward to a report of the meeting.
COUNCILMEMBER DYER KRUSE
- Stated that MAYOR COURTNEY would not be attending.
SPEAKERS
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Thanked COUNCILMEMBER DYER KRUSE for following the correct protocol when it comes to travel.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSENT: Courtney
DISCUSSION / ACTION ON DEFERRED ITEMS:
PUBLIC HEARINGS:
None.
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
7. FIRST READING AND INTRODUCTION OF ORDINANCE NO. 1019-2023 AMENDING CHAPTER 2.48 OF THE BARSTOW MUNICIPAL CODE "PERSONNEL SYSTEM" Recommended Action:
Introduce Ordinance 1019-2023 amending Chapter 2.48 of the Barstow Municipal Code "Personnel System" and waive the full reading.
CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk.
Minutes-May 15, 2023
COUNCILMEMBER HERNANDEZ
- Asked how other cities hired contract employees.
- Asked what were the pros and cons and overall benefit to the City. - Asked if a contract was required for an at-will employee.
CITY ATTORNEY MATTHEW SUMMERS
- Clarified that a contract was not required for an at-will employee. - Stated that if the ordinance was adopted, at-will employees would no longer be exempt from the personnel system.
CITY MANAGER WILLIE HOPKINS, JR.
- Clarified that having employees on contract has hindered the recruitment and retention process.
Discussion ensued about contract versus non-contract employees and the pros and cons of each.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if a non-contract employee serving at the will of the City Manager could be dismissed by a majority vote of the City Council if they were not satisfied with that employee's performance. - Asked how much notice would be required if the non-contract employee resigned.
TED WEASMA, BARSTOW, CALIFORNIA
- Expressed support for the proposed ordinance change.
DISCUSSION
COUNCILMEMBER HERNANDEZ
- Discussed the probation process for new hires, the disadvantages the City had experienced in the past with contract employees and the dismissal process for permanent employees.
COUNCILMEMBER ROSE
- Stated that the City could not impose a resignation time frame for employees and the City Council could not be involved in the hiring and firing process. - Asked CITY MANAGER WILLIE HOPKINS, JR to provide the probationary and evaluation period for the positions transitioning from contract to non-contract upon approval of the ordinance.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Hernandez
ABSENT: Courtney
8. ADOPTION OF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW
AMENDING THE MANDATE OF THE STREET AD HOC COMMITTEE AND REPEALING RESOLUTION NO. 5120-2023
Recommended Action:
1. Adopt Resolution 5121-2023 amending the mandate of the Street Ad Hoc Committee and repealing Resolution No. 5120-2023;
2. Direct the City Clerk to advertise that applications for the Street Ad Hoc Committee are available, and establish a deadline of June 16, 2023 to submit applications.
Attachments:
Exhibit A - Resolution 5121-2023 Amending the Street Ad Hoc Committee - redlined copy Minutes-May 15, 2023
Exhibit B - Resolution 5121-2023 Amending the Street Ad Hoc Committee - clean copy Exhibit C - Resolution 5120-2023 Renewing the Street Ad Hoc Committee COUNCILMEMBER ROSE recused from the meeting at 8:11 P.M.
CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk.
COUNCILMEMBER HERNANDEZ
- Expressed concerns with appointments by district.
- Asked that committee members understand that they represent the best interest of the entire city and not just their district.
- Requested not having a sunset date since issues with streets would likely not be resolved by the sunset date.
- Also expressed concern with staff not tracking the sunset date.
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that the City Clerk's Department would track sunset dates on all committees.
COUNCILMEMBER DYER KRUSE
- Discussed advantages of having a sunset date and re-evaluating the committee every five years.
MAYOR PRO TEM NOBLE
- Stated that he would defer the sunset date to the City Manager who would ensure that staff tracks should the Council decide to establish one.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Requested that a sunset date not be established.
- Asked about Measure I and Measure Q funds and why street repairs were not completed. - Also asked about the status of filling the City Engineer position.
TED WEASMA
- Expressed concern with appointing committee members by district. - Asked if the Street Committee addressed sidewalk issues and stated that the Street Committee should accept public input.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Expressed concerns with appointing committee members by district.
DISCUSSION
COUNCILMEMBER HERNANDEZ
- Stated that the Street Committee always had issues to address which was why a sunset date was not needed.
- Also stated that public input was also accepted at the meetings. - Stated that meeting should not be cancelled.
MAYOR PRO TEM NOBLE
- Requested that committee members be appointed at-large by the three Council Members or the Mayor (as applicable) not serving on the Street Committee.
Minutes-May 15, 2023
Motion by COUNCILMEMBER HERNANDEZ, seconded by MAYOR PRO TEM NOBLE, and unanimously carried to adopt Resolution 5121-2023 amending the mandate of the Street Ad Hoc Committee with the following revisions:
1. Delete Section 5 establishing a sunset date; and
2. Revise Section 3 to provide that the three Council Members and the Mayor (as applicable) not serving on the Street Ad Hoc Committee shall nominate one eligible appointee at-large.
COUNCILMEMBER ROSE returned to the meeting at 8:39 P.M.
RESULT: APPROVED [3 TO 0]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Hernandez
ABSTAIN: Rose
ABSENT: Courtney
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
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed concerns with the lack of accountability and transparency within the City.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Thanked CITY MANAGER WILLIE HOPKINS, JR and ASSISTANT CITY MANAGER KODY TOMPKINS for addressing the fertilizer issue at Pitcher Park. - Also commended BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH and EXECUTIVE ASSISTANT MARIBEL HERNANDEZ for addressing the Soldier Day flags.
IRA GWIN, BARSTOW, CALIFORNIA
- Discussed concerns with BNSF not providing relocation assistance to residents displaced by the Barstow International Gateway (BIG) Project.
TED WEASMA, BARSTOW, CALIFORNIA
- Stated that the same letter sent to MAYOR COURTNEY from MAYOR PRO TEM NOBLE directing him to refrain from making unauthorized public statements on behalf of the City Council should also be sent to the rest of the City Council.
- Discussed concerns with the City's expenditures and lack of a contingency fund.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Asked how to access what the City spent COVID funds on. - Commended the Homeward Bound Committee.
- Discussed concerns with sidewalks.
- Commended FIRE CHIEF NICK DINAPOLI.
- Suggested converting the Marriott Hotel into a homeless shelter.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked why the City Manager's evaluation was delayed.
- Asked for the status of the Parks, Recreation and Cultural Committee.
Minutes-May 15, 2023
- Asked if COUNCILMEMBER DYER KRUSE had a time frame to disclose the sale of her property.
ANTHONY BROWNE, BARSTOW, CALIFORNIA
- Expressed concern with the Council not addressing the arrest of a suspect on April 28, 2023. - Commended MAYOR COURTNEY for addressing the arrest.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Stated that the Council should not discuss the arrest of a suspect on April 28, 2023 since it was under investigation.
- Stated MAYOR COURTNEY should not have spoken publicly on the arrest. - Discussed concerns with COUNCILMEMBER DYER KRUSE.
BRIAN ZANE, BARSTOW, CALIFORNIA
- Asked the Council to repeat the motion prior to voting on an item. - Asked why there were so many vacant seats at the dais. - Asked why receipts and reimbursements were no longer reported at Council meetings. - Discussed issues with sound quality of Council meetings.
JIM BROWN, BARSTOW, CALIFORNIA
- Asked the Council for a vote of no confidence in MAYOR COURTNEY. - Discussed concerns with CITY TREASURER MICHAEL LEWIS not attending Council meetings.
STAFF REPORTS:
None.
COUNCIL COMMITTEE REPORTS:
COUNCILMEMBER ROSE
- Discussed the May 9, 2023 Rules and Policies Committee meeting and stated the next meeting was May 30, 2023.
- Provided an update on the May 10, 2023 Homeward Bound Committee meeting and stated the next meeting was May 30, 2023.
COUNCILMEMBER DYER KRUSE
- Discussed the May 9, 2023 Rules and Policies Committee meeting. - Provided an update on the May 11, 2023 Solid Waste JPA meeting. Stated the next meeting was August 10, 2023.
- Stated the next Street Committee meeting was June 7, 2023.
COUNCILMEMBER HERNANDEZ
- Stated that the Bachelors of Social Work students at Cal State San Bernardino updated the Homeward Bound Committee on their efforts of collecting food and clothing that was recently distributed at Barstow Community College.
- Stated that the San Bernardino County Transportation Authority approved their 2023-2024 budget which included funding for the First Street Bridge.
MAYOR PRO TEM NOBLE
- Discussed the recent Military Affairs meeting.
- Provided an update on the May 15, 2023 Victor Valley Transit Authority meeting. Stated the next meeting would be June 20, 2023.
BUSINESS OF THE COUNCIL:
COUNCILMEMBER ROSE
- Asked staff to check into the sound issue that was still occurring with Channel 6.
Minutes-May 15, 2023
- Asked CITY MANAGER WILLIE HOPKINS, JR. if the questions asked by the public during City Council meetings were still being answered. Also asked about the process and time frame for responding to questions.
- Asked about the status of the third-party investigation. - Asked for the balance of the Community Benefit Fund and what the status was for scheduling a workshop along with a proposed date.
- Asked for the status of the goal-setting workshop along with a proposed date. - Asked for the proposed date for the Measure Q workshop. - Asked about the status of the Parks, Recreation and Cultural Committee. - Asked if the check writing process had been resolved so that CITY TREASURER MICHAEL LEWIS is not signing checks payable in his favor.
COUNCILMEMBER DYER KRUSE
- Discussed recent events attended.
- Stated she would attending the Mojave Water Agency's mini tour on May 18, 2023. - Encouraged the community to attend local Memorial Day events. - Stated that Congressman Jay Obernolte would be hosting a meeting at the Cora Harper Center on May 30, 2023.
COUNCILMEMBER HERNANDEZ
- Also requested updates on the Measure Q and Community Benefit Fund workshops. - Discussed the upcoming public hearing for solid waste rate increases on June 5, 2023. - Asked if the City was paid for billing on behalf of Burrtec. - Requested that the City Manager respond to public comments.
MAYOR PRO TEM NOBLE
- Stated that a Memorial Day Ceremony would be held at Barstow Cemetery. - Asked CITY MANAGER WILLIE HOPKINS, JR. to direct staff to follow-up with Mr. Gwin. - Requested that meetings only be cancelled with the appropriate approval. - Asked about the status of the Parks, Recreation and Cultural Committee. - Commended the Skyline Elementary students for their presentation.
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 9:37 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