BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
AUGUST 7, 2023
5:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-August 7, 2023
CALL TO ORDER - CLOSED SESSION:
MAYOR PRO TEM NOBLE called the Closed Session meeting to order at 5:04 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-August 7, 2023
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if removing general public comments at the last minute from the July 25, 2023 Workshop agenda was legal.
- Discussed concerns with Closed Session information being leaked. - Asked if MAYOR COURTNEY could be held personally liable for the lawsuits filed against the City.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSENT: Courtney
CLOSED SESSION AGENDA ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL; INITIATION OF LITIGATION Recommended Action:
Conference with Legal Counsel; Initiation of Litigation (Gov’t Code section 54956.9(d)(4))
Number of Potential Cases: 3.
2. CONFERENCE WITH LEGAL COUNSEL: POTENTIAL FOR LITIGATION AGAINST THE CITY Recommended Action:
Pursuant to Government Code Section 54956.9(d)(2) & (e)(1) 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.
MAYOR COURTNEY ARRIVED AT THE CLOSED SESSION MEETING AT 5:30 P.M.
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
1. The City Council directed initiation of litigation in one case.
2. The City Council prohibited MAYOR COURTNEY from using any City vehicles, requested repayment of mileage reimbursements from the San Bernardino County Transportation Authority (SCBTA), and directed that the replacement of MAYOR COURTNEY as the City's representative on the SBCTA Board of Directors be considered at a future Council meeting.
INVOCATION:
PASTOR LILLIE COOPER OF IN HIS PRESENCE 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 7:13 P.M.
Minutes-August 7, 2023
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 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.
COUNCILMEMBER ROSE
- Asked when would be the appropriate time to add Council Committee Reports and Business of the Council to the agenda.
- Expressed concerns with those items being removed without review by the Rules and Policy Committee and approval by the Council.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that items could be added to the agenda after the agenda was posted under narrow circumstances such as an emergency or needs resolution that needed to be addressed prior to the next meeting.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
PRESENTATIONS:
3. UPDATE - BARSTOW HUMANE SOCIETY
Recommended Action:
Presentation only.
BRYAN GLAUDEL, BARSTOW HUMANE SOCIETY
- Provided an update on Barstow Humane Society's services and activities for the months of January to June 2023.
Minutes-August 7, 2023
SPEAKERS
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Commended Mr. Glaudel and the Barstow Humane Society for all of their efforts.
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:
4. MINUTES CC BFPD BPFC - JULY 17, 2023, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
5. MINUTES SPECIAL MEETING & WORKSHOP - JULY 25, 2023, AT 1:30 P.M.
Recommended Action:
Approve minutes as presented.
SPEAKERS
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Expressed disappointment with a workshop being scheduled for 1:30 P.M. instead of the evening.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
ACCOUNTS PAYABLE ALL AGENCIES:
6. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #91600-91907 totaling $5,049,140.16 and wires #878-881 totaling $213,438.16, per the Agency breakdown below:
City: $5,052,161.50
Fire: $210,416.82
Successor Agency: $0.00
Grand Total: $5,262,578.32
Minutes-August 7, 2023
SPEAKERS
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asked if the $75 payment from MAYOR COURTNEY would be accounted for in the Fiscal Year 2023 or Fiscal Year 2024 Budget.
COUNCILMEMBER DYER KRUSE
- Abstained from voting on check #'s 91617, 91652, 91664, and 91887.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
7. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #91908-92471 totaling $10,664,063.46 and wires #882-889 & 891 totaling $220,317.04, per the Agency breakdown below:
City: $10,266,636.17
Fire: $617,744.33
Successor Agency: $0.00
Grand Total: $10,884,380.50
COUNCILMEMBER DYER KRUSE
- Abstained from voting on check #'s 92111, 92112, 92342, and 92343.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
CITY COUNCIL:
8. CONSIDERATION TO CANCEL THE CITY COUNCIL MEETING SCHEDULED FOR SEPTEMBER 4, 2023
Recommended Action:
Cancel the September 4, 2023, City Council meeting.
SPEAKERS
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Requested the meeting be rescheduled to Tuesday, September 5, 2023.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
9. AWARD OF COMMUNITY PROMOTIONAL FUNDS FOR BARSTOW YOUTH SPORTS
COALITION AND KIWANIS CLUB OF BARSTOW CROSSROADS
Recommended Action:
1. Ratify authorization of the allocation from the Measure Q Fund towards providing in-kind Minutes-August 7, 2023
donations of fee waivers in the amount of $2,550 to the Barstow Youth Sports Coalition/Kiwanis Club of Barstow Crossroads for use of the Cora Harper Center for the 15th Annual Wine and Goods Action held on August 5, 2023;
2. Authorize the allocation from the Measure Q Fund towards providing in-kind donations of fee waivers in the amount of $16,064 to the Kiwanis Club of Barstow Crossroads' for the Mardi Gras parade street closures on October 21, 2023.
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that consideration of this item was tabled at the July 17, 2023 meeting due to a lack of a quorum.
- Reminded MAYOR PRO TEM NOBLE and COUNCILMEMBER HERNANDEZ to recuse from voting on the item due to their involvement with the Kiwanis Club of Barstow Crossroads.
COUNCILMEMBER ROSE
- Asked for clarification on abstaining from voting on items.
CITY ATTORNEY MATTHEW SUMMERS
- Clarified that MAYOR PRO TEM NOBLE and COUNCILMEMBER HERNANDEZ would legally need to abstain if they received compensation for serving on the Kiwanis Club of Barstow Crossroads' Board of Directors.
- Stated they could also abstain due to their involvement with the organization, but it was not a legal requirement.
MAYOR PRO TEM NOBLE and COUNCILMEMBER HERNANDEZ
- Stated that they would abstain from voting on the item.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
10. APPROVAL OF CITY COUNCIL TO TRAVEL TO THE LEAGUE OF CALIFORNIA CITIES
ANNUAL CONFERENCE IN SACRAMENTO, CA
Recommended Action:
Approve travel for Mayor Paul Anthony Courtney and Council Member Marilyn Dyer Kruse, to Sacramento, CA for the League of California Cities Annual Conference.
SPEAKERS
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Requested that MAYOR COURTNEY itemize and organize all travel receipts.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
11. APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE LEAGUE OF CALIFORNIA CITIES CITY CLERK WORKSHOP, SEPTEMBER 20, 2023, IN
SACRAMENTO, CA
Recommended Action:
Approve travel for City Clerk Andrea Flores to the League of California Cities City Clerk Workshop on September 20, 2023, in Sacramento, CA.
Minutes-August 7, 2023
SPEAKERS
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Commended CITY CLERK ANDREA FLORES for following the proper protocol with the City's expense reimbursement policy.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
DISCUSSION / ACTION ON DEFERRED ITEMS:
PUBLIC HEARINGS:
12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA,
AMENDING THE FEE SCHEDULE AND ADOPTING FEES FOR POLICE, CANNABIS REGULATIONS, AND COMMUNITY DEVELOPMENT FEES (FY 2023/2024) Recommended Action:
Staff recommends that the City Council adopt the attached Resolution No. 5138-2023 amending the Fiscal Year 2023/2024 Fee Schedule and adopting fees for Police, Cannabis Regulations, and Community Development Permit Fees, and waive the full reading. This approval is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Title 14, CCR, section 15378(b)(4-5).
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk.
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 7:43 P.M.
CITY CLERK ANDREA FLORES stated that there were no public comments.
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 7:43 P.M.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
13. APPROVAL AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT OVER THE ONE MILLION DOLLAR LIMIT SET BY RESOLUTION 5130-2023. THIS APPROVAL IS FOR A ONE
TIME CONTRACT WITH FORT IRWIN AND THE SUB-CONTRACTOR NOT TO EXCEED ONE MILLION TWO HUNDRED AND FIFTY THOUSAND DOLLARS.
Recommended Action:
Staff recommends that the City Council:
1) Authorize the City Manager to sign and implement contracts worth more than one million dollars and not to exceed one million two hundred and fifty thousand dollars for landfill improvements at Fort Irwin, under the City’s existing Fort Irwin Intergovernmental Service Agreement. This approval is exempt from review under the California Environmental Quality Act, Minutes-August 7, 2023
per CEQA Guidelines, Title 14, CCR, sections 15301, 15302, 15303, and 15304.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk.
SPEAKERS
TIM SILVA, BARSTOW, CALIFORNIA
- Suggested that the contract also be included with the agenda.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
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.
BRIAN ZANE, BARSTOW, CALIFORNIA
- Discussed suicide rates among law enforcement officers and asked the City to address mental health wellness with public safety personnel.
LATRINA WALLACE, BARSTOW, CALIFORNIA
- Expressed support for COUNCILMEMBER ROSE.
TIM SILVA, BARSTOW, CALIFORNIA
- Stated that the City Council approved the agenda format and order. - Suggested that COUNCILMEMBER ROSE motion and ask for a second to add Council Committee Reports and Business of the Council to the agenda.
PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Discussed concerns with grandstanding at Council meetings. - Expressed support for MAYOR COURTNEY and commended CITY MANAGER WILLIE HOPKINS, JR. for Channel 6 content.
- Commended public safety staff for the recent National Night Out event.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Thanked City staff and MAYOR COURTNEY for their support of the recent Community Resource Fair.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns with prioritization of the City Hall renovations over street improvements. - Discussed concerns with MAYOR COURTNEY's repayment of mileage reimbursement fees and the Fire Department utilizing PACE Services.
- Also discussed concerns with Council Committee Reports and Business of the Council being removed from the agenda.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Discussed recent complaints filed with the Fair Political Practices Commission and the FBI against MAYOR COURTNEY.
Minutes-August 7, 2023
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY's repayment of mileage reimbursement fees and the Fire Department utilizing PACE Services.
- Also discussed concerns with Closed Session discussions being made public. - Asked if MAYOR COURTNEY's repayment of mileage reimbursements to SBCTA would be made public.
ELIZABETH GIVENS, BARSTOW, CALIFORNIA
- Discussed the recent United States Veteran's Support Group Kid's Day Event. - Thanked the City Council and the community for their support.
JIM BROWN, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY and CITY MANAGER WILLIE HOPKINS, JR.
KIM, BARSTOW, CALIFORNIA
- Expressed support for MAYOR COURTNEY and CITY MANAGER WILLIE HOPKINS, JR.
STAFF REPORTS:
None.
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 8:19 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