BARSTOW CITY COUNCIL / BARSTOW FIRE PROTECTION
DISTRICT / BARSTOW PUBLIC FACILITIES CORPORATION
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JULY 17, 2023
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-July 17, 2023
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the Closed Session meeting to order at 6:00 P.M.
INVOCATION:
MAYOR PRO TEM NOBLE gave the invocation.
PLEDGE OF ALLEGIANCE:
COUNCILMEMBER HERNANDEZ 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 Absent
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.
Minutes-July 17, 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.
NONE
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
CLOSED SESSION AGENDA ITEMS:
1. PUBLIC EMPLOYEE APPOINTMENT & PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: Finance Director
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:
(Gov. Code Section 54956.9(d)(1))
Case Name: Barstow Proprietors Association, et al. v. City of Barstow, US District Court, Central District of California, Case No. 5:23-cv-00926-JLSD-JCx
3. CONFERENCE WITH LEGAL COUNSEL; INITIATION OF LITIGATION (GOV’T CODE SECTION 54956.9(D)(4))
Recommended Action:
Conference with Legal Counsel; Initiation of Litigation (Gov’t Code section 54956.9(d)(4))
Number of Potential Cases: 1.
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following for the July 17, 2023 meeting:
ITEM 1
- Stated that the City Council met in Closed Session to consider one item regarding Public Employee Appointment Finance Director. 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 existing litigation.
Direction was provided to Council and staff.
ITEM 3
- Stated that the City Council met in Closed Session to consider one item regarding initiation litigation.
Direction was provided to Council and staff and no reportable action was taken.
Minutes-July 17, 2023
- Noted that MAYOR COURTNEY recused from this item.
CITY ATTORNEY MATTHEW SUMMERS reported the following for the June 26, 2023 meeting:
- Stated that the City Council met in Closed Session to consider four items regarding two cases for potential for litigation, one existing litigation, and one initiation of litigation. Direction was provided to Council and staff for all four cases with no reportable action was taken.
INVOCATION:
PASTOR BUSHAWN CARPENTER FROM TOTAL RESTORATION CHURCH 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 Regular Meeting to order at 7:23 P.M.
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 Absent
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.
MAYOR COURTNEY requested that Item 20 be considered after Item 5.
COUNCILMEMBER HERNANDEZ requested that Item 15 be pulled for discussion. Also stated she needed to abstain from Items 11 and 12.
Motion by COUNCILMEMBER DYER KRUSE, seconded by MAYOR PRO TEM NOBLE, and unanimously carried to approve the agenda, moving Item 20 after Item 5 and pulling Item 15 for discussion.
Minutes-July 17, 2023
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
PRESENTATIONS:
4. MEASURE Q FUND FINANCIAL REPORT FISCAL YEAR 2022-2023 - 3RD QUARTER Recommended Action:
That the City Council receive and file the Measure Q Fund Financial Report for the 3rd Quarter of Fiscal Year 2022-2023 covering the period of January 1, 2023 - March 31, 2023 as presented.
CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked about debt service payments for the 1st and 2nd Quarter and why interest and principal payments were separate.
- Asked how much funding was allocated towards youth and senior funding.
RESULT: PRESENTATION ONLY
5. AFTER-EVENT REPORT AND PRESENTATION FROM BARSTOW COMMUNITY COALITION/DESERT SANCTUARY INC.
Recommended Action:
After-event report and presentation only.
PEGGI FRIES, LEONARD WILLIAMS, AND EUGENE BUTTICCI, OF THE BARSTOW
COMMUNITY COALITION
- Provided an after-event report and presentation on the Veteran's Resource Fair held on June 29, 2023.
- Thanked the City of Barstow for their continued support.
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 REGULAR MEETING - JUNE 20, 2023, AT 5:30 P.M.
Recommended Action:
Approve minutes as presented.
Minutes-July 17, 2023
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
7. MINUTES CLOSED SESSION MEETING - JUNE 26, 2023, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
BARSTOW PUBLIC FACILITIES CORPORATION:
8. CHANGE OF OFFICERS FOR YEAR 2023
Recommended Action:
Approve the 2023 change of officers for the Barstow Public Facilities Corporation and accept the 'Statement of Information' (Form 100) and the 'Statement of Facts' (Form 405).
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
9. ANNUAL MEETING OF THE BARSTOW PUBLIC FACILITIES CORPORATION AND REVIEW OF THE FISCAL YEAR 2022 PUBLIC FACILITIES CORPORATION FINANCIAL STATEMENT Recommended Action:
Staff recommends that,
1. The Board of the Barstow Public Facilities Corporation holds its annual meeting as required by prior Board action, and
2. Review and accept the Barstow Public Facilities Corporation Financial Statement for the Fiscal Year ending June 30, 2022, for filing.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
Minutes-July 17, 2023
BFPD:
10. SECOND ADOPTION OF THE BARSTOW FIRE PROTECTION DISTRICT'S FINAL ANNUAL BUDGET FOR FY 2023/24 PURSUANT TO HEALTH AND SAFETY CODE SUBSECTION 13893
Recommended Action:
Staff recommends that pursuant to the Health and Safety Code requirements, the Barstow Fire Protection District's Board approve Resolution No. 70-2023 adopting the Final Barstow Fire Protection District Annual Budget for Fiscal Year 2023/24 (Attachment A) and waive the full reading.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
CITY COUNCIL:
11. AWARD OF COMMUNITY PROMOTIONAL FUNDS FOR FISCAL YEAR 2023-2024 Recommended Action:
Authorize the allocation from the Measure Q Fund towards providing in-kind donations of fee waivers in the amount of $38,918 for Fiscal Year 2023-2024.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked why Dos Costas Communications was receiving funding from Measure Q when their event generated revenue.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asked how much funding was set aside for youth and senior programs.
MAYOR PRO TEM NOBLE and COUNCILMEMBER HERNANDEZ
- Stated they would abstain from voting on the Barstow Youth Sports Coalition and Kiwanis Club of Barstow Crossroads award amount of $2,550 and Kiwanis Club of Barstow Crossroads award amount of $16,064.
Motion by COUNCILMEMBER DYER KRUSE, seconded by MAYOR COURTNEY, and unanimously carried to authorize the allocation from the Measure Q Fund towards providing inkind donations of fee waivers in the amount of $20,304 for Fiscal Year 2023-2024 and tabling the Barstow Youth Sports Coalition and Kiwanis Club of Barstow Crossroads award amount of $2,550 and Kiwanis Club of Barstow Crossroads award amount of $16,064, to the August 7, 2023 meeting.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
Minutes-July 17, 2023
12. COMMUNITY PROMOTIONAL FUND APPLICATION FROM THE UNITED STATES VETERANS SUPPORT GROUP INC.
Recommended Action:
Approve a Community Promotional Fund in-kind donation in the amount of $2,120 to the United States Veterans Support Group Inc.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Requested that the item be tabled since MAYOR COURTNEY and COUNCILMEMBER HERNANDEZ needed to abstain.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that MAYOR COURTNEY and COUNCILMEMBER HERNANDEZ are not board members of the United States Veteran's Association and can proceed with voting on Item 12.
MAYOR COURTNEY
- Confirmed he was not a board member of the United States Veteran's Association.
COUNCILMEMBER HERNANDEZ
- Confirmed she was not a board member of the United States Veteran's Association, but would still abstain.
RESULT: APPROVED [3 TO 0]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Courtney
ABSTAIN: Hernandez
ABSENT: Rose
13. RESOLUTION ADOPTING THE 2023/2024 THRU 2027/2028 MEASURE I FIVE-YEAR
CAPITAL IMPROVEMENT PROGRAM
Recommended Action:
Staff recommends that the City Council enact the following actions:
1. Approve Resolution No. 5133-2023 adopting the City of Barstow's Measure I Capital Improvement Program for Fiscal Year 2023/2024 through 2027/2028 and waive the full reading.
2. Direct staff to forward a copy of the adopted resolution to SBCTA.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with lack of funding to complete the City Hall renovations.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
Minutes-July 17, 2023
14. APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE TECHNICAL TRAINING FOR CLERKS SERIES 400
Recommended Action:
Approve travel for City Clerk Andrea Flores to Riverside, CA for the Technical Training for Clerks (TTC) Series 400, September 12 - 15, 2023, in Riverside, CA.
SPEAKERS
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asked for more details about the training.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Paul Anthony Courtney
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
DISCUSSION / ACTION ON DEFERRED ITEMS:
15. ACCEPTANCE OF THE FY2018 AND FY 2019 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANT GRANT (JAG) AWARD AS A SUB-RECIPIENT THROUGH THE SAN
BERNARDINO COUNTY FIRE PROTECTION DISTRICT, OFFICE OF EMERGENCY SERVICES.
Recommended Action:
Authorize staff to accept the sub-recipient award of the FY 2018 and FY 2019 Edward Byrne Memorial Justice Grant (JAG) in the amount of $41,434 and to appropriate funds in the amount of $41,434 to account numbers as follows:
1. 2018 JAG Grant
a. Expenditure - 218.218.218.07.722 $20,384
2. 2019 JAG Grant
b. Expenditure - 218.218.218.07.723 $21,050
COUNCILMEMBER HERNANDEZ
- Asked for clarification on the fiscal years listed for the grant.
DIRECTOR OF PUBLIC SAFETY ANDREW ESPINOZA, JR.
- Discussed proposed off-road equipment purchases with the FY 2018 and 2019 JAG grant. - Stated that the funding was delayed due to federal litigation and was now available.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
PUBLIC HEARINGS:
16. ANNUAL RENEWAL AND REAFFIRMATION OF ASSESSMENT DISTRICT #1 FOR FISCAL YEAR 2023-2024
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Adopt Resolution No. 5134-2023 (Attachment A), thereby approving the Engineer’s Report, and waive the full reading.
Minutes-July 17, 2023
2. Adopt Resolution No. 5135-2023, declaring the City’s intention to reaffirm the levy and collection of annual assessment in Fiscal Year 2023/2024 in connection with Landscape Maintenance District No. 1, Street Maintenance District No. 1 Street Lighting Maintenance District No. 1, and Flood Control Maintenance District No. 1 (Attachment B), and waive the full reading.
3. Make Budget Adjustment per the Engineer's Report Attachment 1 "Estimated Revenue and Expenditures", page 9.
ENGINEERING ADMINISTRATOR DOMINGO GONZALES
- Presented the staff report as filed with the City Clerk.
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 8:23 P.M.
MAYOR PRO TEM NOBLE abstained from the following:
Assessor Parcel Numbers (APN): 42830101, 42830147, 42830148, 42830149, 42830150, 42830151, 42830152, and 42830153.
COUNCILMEMBER HERNANDEZ abstained from the following:
APN's: 18324156, 18324155, 18324154, 18324153, 18326156, 18310143, 18310144, 18310145, and 18310146.
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 8:25 P.M.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
17. LIEN PROTEST HEARING FOR DELINQUENT TRASH & SEWER ACCOUNTS Recommended Action:
Staff recommends the City Council:
1. Conduct a protest hearing and subject to testimony received, adopt Resolution No. 5136-2023 and waive further reading.
2. Where necessary and relevant, direct staff to resolve any conflicts with protest owners before the final lien and/or property tax assessment list is filed with San Bernardino County. Additionally, authorize staff to remove any properties from the lien and assessment listings should delinquent fees be paid prior to the filing of the final lien list with San Bernardino County.
ADMINISTRATIVE SERVICES MANAGER HEIDY RILEY
- Presented the staff report as filed with the City Clerk.
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 8:26 P.M.
SPEAKERS
SHELENE BELGRAVE, 940 LANCE DRIVE, BARSTOW, CALIFORNA
- Requested the balance due through March 14, 2023 be waived due to their tenants not paying the trash and sewer bill.
JOSEFINA SANDOVAL, 1607 RIVERSIDE DRIVE, BARSTOW, CALIFORNIA - Requested a payment plan for their delinquent balance.
Minutes-July 17, 2023
ANGELA PASCO, 24994 CAMINO DEL NORTE, BARSTOW, CALIFORNIA - Discussed concerns with not receiving previous bills and notices at her residence. - Requested that penalties be removed from the balance due.
ALMA RODRIGUEZ, 581 LILLIAN DRIVE, BARSTOW, CALIFORNA
- Requested that fees for September 2022 and October 2022 be waived since they were not living at the property until November 2022.
- Requested a payment plan for the remaining balance.
JANET TOMES, 1291 W. BUENA VISTA STREET, BARSTOW, CALIFORNIA - Discussed recent health issues and requested a payment plan.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with penalizing residents who were delinquent on utility bills when MAYOR COURTNEY had not repaid the mileage reimbursement due to the City.
AHMAD HAGHIGHI, 1120 DESERRET AVENUE, BARSTOW, CALIFORNIA - Discussed concerns with trash and sewer service at his property and requested a payment plan.
ANTHONY NAVARRO, 340 LILLIAN DRIVE, BARSTOW, CALIFORNIA - Requested a payment plan.
TIFFANY RUST, 720 LINDA LANE, BARSTOW, CALIFORNIA
- Requested a payment plan.
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 8:55 P.M.
ADMINISTRATIVE SERVICES MANAGER HEIDY RILEY
- Stated that a lien would still be placed on all properties eligible for a payment plan so delinquent fees could still be collected should the property change ownership. - Stated that the lien would be released once the payment plan was fulfilled.
CITY CLERK ANDREA FLORES
- Stated that seven written protests were received and would be added to the record. (Three additional written protests were received after the meeting and will also be added to the record)
MOTION BY MAYOR COURTNEY, SECONDED BY COUNCILMEMBER HERNANDEZ, AND
UNANIMOUSLY CARRIED TO APPROVE THE FINAL LIEN LIST AND/OR PROPERTY TAX
ASSESSMENT FILED WITH THE COUNTY OF SAN BERNARDINO, ALONG WITH THE FOLLOWING ABSTENTIONS:
MAYOR COURTNEY
Line Items: 75, 76, 81, 139, 149, 174, 184, 202, 209, 213, 214, 227, 228, 232, 239, 259, 261, 286, 287, 302, 311, 321, 330, 336, 369, 372, 395, 396, 403, 404, 415, 434, 442, 444, 448, & 449.
MAYOR PRO TEM NOBLE
Line Items: 67, 102, 282, 386, & 389.
COUNCILMEMBER HERNANDEZ
Line Items: 4, 11, 48, 91, 103, 110, 111, 113, 119, 163, 188, 215, 221, 279, 296, 299, 315, 351, 352, 370, 407, 420, 427, 428, 439, & 443.
COUNCILMEMBER KRUSE
Line Items: 56, 65, 66, 136, 182, 211, 270, & 344.
Minutes-July 17, 2023
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
18. REVIEW THE CITY’S MILITARY EQUIPMENT ANNUAL REPORT AND ADOPT RESOLUTION NO. 5137-2023 TO RENEW ORDINANCE NO. 989-2022, APPROVING THE CITY’S MILITARY
EQUIPMENT POLICY, AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 7070
Recommended Action:
The Barstow Police Department is committed to transparency, public trust, community partnerships, and compliance with legal requirements.
Staff recommends City Council approve the 2023 Military Equipment Annual Report and adopt Resolution No.5137-2023 renewing Ordinance No. 989-2022, which approved the Department’s military equipment funding, acquisition, and use policy pursuant to Assembly Bill 481.
The renewal of the proposed ordinance is exempt from review under the California Environmental Quality Act (“CEQA”), per CEQA Guidelines Section 15378(b)(2,5).
Attachments:
1. Resolution No. 5137-2023
2. Annual Military Equipment Policy
3. Barstow Ordinance No. 989-2022
DIRECTOR OF PUBLIC SAFETY ANDREW ESPINOZA, JR.
- Presented the staff report as filed with the City Clerk.
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 8:56 P.M.
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 8:57 P.M.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
19. APPOINTMENT OF STREET AD HOC COMMITTEE MEMBERS
Recommended Action:
That the City Council appoint the following individuals to the Street Ad Hoc Committee:
Ann Taylor
Monica Pequeno
Julie Hackbarth-McIntyre
CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk.
Minutes-July 17, 2023
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Expressed support for appointing Julie Hackbarth-McIntyre to the Street Committee.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Expressed support for appointing Julie Hackbarth-McIntyre to the Street Committee.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
20. APPROVAL OF EXCLUSIVE NEGOTIATING AGREEMENT WITH LEWIS ACQUISITION
COMPANY, LLC
Recommended Action:
Approve the proposed Exclusive Negotiating Agreement with the Lewis Acquisition Company, LLC.
CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk. - Provided an overview on the proposed Exclusive Negotiating Agreement (ENA) between the Lewis Acquisition Company, LLC and the City.
RICHARD LEWIS AND BILL HOOVER, LEWIS ACQUISITION COMPANY. LLC - Discussed the proposed partnership between the Lewis Acquisition Company, LLC and the City.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that consideration of any future Disposition and Development Agreements would have to be considered by the City Council at a future open session meeting, after required public hearings, Council and Planning Commission review, and potential environmental impact reviews. -Also noted that the typographical errors throughout the document would be corrected.
JOSEPH BRADY, BRADCO COMPANIES
- Expressed support for the Lewis Acquisition Company, LLC and discussed their accomplishments.
- Thanked the Council and staff for their hard work and professionalism.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if there was a timeline for completion on the project.
TIM SILVA, BARSTOW, CALIFORNIA
- Expressed support for the ENA and the Lewis Acquisition Company, LLC. - Also provided the City Clerk with two additional typographical errors to be corrected.
TED WEASMA, BARSTOW, CALIFORNIA
- Stated that the City should not enter into an ENA and there should be competition. - Discussed concerns with the availability of Bureau of Land Management (BLM) properties and the Lewis Acquisition Company, LLC's corporate status.
Minutes-July 17, 2023
MAYOR PRO TEM NOBLE
- Expressed support for the Lewis Acquisition Company, LLC and looked forward to future negotiations and development.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
GENERAL, NON-AGENDA PUBLIC COMMENT:
SPEAKERS
TIM SILVA, BARSTOW, CALIFORNIA
- Announced that he would be running for the seat of Mayor in 2024.
KAMBIZ MOORIDI, BARSTOW, CALIFORNIA
- Asked MAYOR COURTNEY if he would be running for Mayor in 2024. - Thanked CITY MANAGER WILLIE HOPKINS, JR. and staff for securing the Lewis Acquisition Group, LLC ENA.
- Commended Community Development staff for their exceptional customer service. - Asked for an explanation on the development incentive with the Marriott hotel.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that a Transient Occupancy Tax (TOT) report would be brought before the Council at a future meeting.
YVON MALDONADO, BARSTOW LITTLE LEAGUE SOFTBALL
- Requested subsidized use of Foglesong Park for their female fall ball league.
IRA GWINN, BARSTOW, CALIFORNIA
- Discussed a recent conference call with City staff and BNSF representatives along with relocation assistance for mobile home park tenants displaced by the Barstow International Gateway Project.
DARRIN FIKSTAD, DESERT MANA
- Discussed recent award of Homeless Housing and Assistance Program grant. - Also discussed concerns with misstatements made about the Barstow Veteran's Home at the recent Desert Regional Steering Committee meeting.
BILLIE BRAUN, BARSTOW, CALIFORNIA
- Discussed concerns with Spectrum Cable not repairing exposed wires at her property. - Provided information on Billie's Kitchen’s upcoming Letter's to Santa and Christmas Party on December 16, 2023.
PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Expressed support for MAYOR COURTNEY and CITY MANAGER WILLIE HOPKINS, JR.
TED WEASMA, BARSTOW, CALIFORNIA
- Clarified comments made at a prior Council meeting and stated he was not anti-military. - Discussed concerns with the June 20, 2023 Council meeting.
ANTHONY BROWNE, BARSTOW, CALIFORNIA
- Expressed support for MAYOR COURTNEY and CITY MANAGER WILLIE HOPKINS, JR.
Minutes-July 17, 2023
ELIZABETH GIVENS, BARSTOW, CALIFORNIA
- Discussed concerns with comments made about her publicly.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY, the June 20, 2023 meeting and asked the Council to work together and treat each other with respect.
JIM BROWN, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY him requesting removal of audience members from the Council meetings.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked for the status of the ordinance relating to cannabis signs. - Discussed concerns with MAYOR COURTNEY voting on Item 12 which provided the appearance of a conflict of interest.
- Requested the Council allocate funding for completion of the City Hall renovations. - Discussed concerns with MAYOR COURTNEY and his treatment of those who speak against him publicly.
STAFF REPORTS:
CITY MANAGER'S JUNE 2023 UPDATE
Recommended Action:
Receive and file.
RESULT: PRESENTATION ONLY
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 9:42 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