REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
AUGUST 21, 2023
5:30 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
REGULAR MEETING
Minutes-August 21, 2023
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the Closed Session meeting to order at 5:30 P. M.
INVOCATION:
MAYOR PRO TEM NOBLE gave the invocation.
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER 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 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-August 21, 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 City settling lawsuits when the City is in financial trouble. - Expressed concerns with the lack of clarification on the dollar amounts of the settlements.
MIKE HERNANDEZ, BARSTOW, CALFORNIA
- 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: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
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: 1.
2. CONFERENCE WITH LEGAL COUNSEL: POTENTIAL FOR LITIGATION AGAINST THE CITY Recommended Action:
Pursuant to Government Code Section 54956.9(d)(2) & (e)(1) Facts & Circumstances Not Known to Potential Plaintiffs Number of Potential Cases: 2.
REPORT OF CLOSED SESSION:
ACTING CITY ATTORNEY ANDREW JARED reported the following:
- Stated that the City Council met in Closed Session to consider one item regarding initiation litigation, and two items regarding potential for litigation. Direction was provided to Council and staff and no reportable action was taken. MAYOR COURTNEY recused from Item 1 and COUNCILMEMBER ROSE recused from Item 2.
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 7:10 P.M.
INVOCATION:
PASTOR JAMES MILLA of CROSSROADS ASSEMBLY gave the invocation.
Minutes-August 21, 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 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 MAYOR PRO TEM NOBLE, and unanimously carried, to approve the agenda pulling Items 5 and 7 for discussion.
ACTING CITY ATTORNEY ANDREW JARED
- Stated that Items 10 and 11 were added after posting of the agenda in accordance with Government Code Section 54954.2(b)(1) related to the emergency situation. Also noted that the reference to civil unrest had been corrected to state the declaration of local emergency was a result of Tropical Storm Hilary.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
PRESENTATIONS:
3. PRESENTATION OF TAX INCREMENT FINANCING DISTRICTS - INITIAL ANALYSIS AND
PROGRESS
Recommended Action:
Presentation only.
FELICIA WILLIAMS AND JOSEPH DIEGUEZ OF KOSMONT COMPANIES - Provided a presentation on Tax Increment Financing Districts which included an initial analysis, a progress report, an update on the effort, and potential next steps.
Minutes-August 21, 2023
COUNCILMEMBER HERNANDEZ
- Discussed concerns with tax increment financing and stated that the presentation should have been done as a workshop with various stakeholders included.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with Mello Roos and impacts on taxpayers.
KELLY PARKER, BARSTOW, CALIFORNIA
- Discussed concerns with tax increment financing.
TIM SILVA, BARSTOW, CALIFORNIA
- Discussed Barstow's public hearing in 2007 for a Community Facilities District (CFD) for Highland Trails Ranch.
- Asked what improvements would be funded by the CFD.
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 - AUGUST 7, 2023, AT 5:00 P.M.
Recommended Action:
Approve minutes as presented.
CITY CLERK ANDREA FLORES
- Stated that the statement on Item 9 (page 9) of the minutes from CITY MANAGER WILLIE HOPKINS, JR. would be amended to state that MAYOR PRO TEM NOBLE and COUNCILMEMBER HERNANDEZ were reminded to recuse from voting instead of recommending that they recuse from voting on the item.
Motion by COUNCILMEMBER DYER KRUSE, seconded by MAYOR PRO TEM NOBLE, and unanimously carried, to approve the August 7, 2023 minutes as amended.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
Minutes-August 21, 2023
CITY COUNCIL:
5. DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD SEPTEMBER 20 - 23, 2023
Recommended Action:
Designate Mayor Courtney as the voting delegate and Council Member Dyer Kruse as the alternate voting delegate of the City of Barstow for the 2023 League of California Cities Annual Conference to be held September 20 - 23, 2023, in Sacramento, CA.
COUNCILMEMBER ROSE
- Asked if the resolutions had been made available by the League of California Cities.
MAYOR COURTNEY
- Stated that the League of California Cities had not sent the resolutions to-date.
COUNCILMEMBER DYER KRUSE
- Stated that she received copies onsite at last year's Annual Conference as the alternate delegate.
COUNCILMEMBER ROSE
- Recommended COUNCILMEMBER DYER KRUSE be appointed the voting delegate.
SPEAKERS
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY serving as the voting delegate. - Expressed support for COUNCILMEMBER DYER KRUSE serving as the voting delegate.
MAYOR COURTNEY
- Asked Mr. Williams to stay on topic without personal attacks.
Motion by COUNCILMEMBER ROSE, seconded by COUNCILMEMBER HERNANDEZ, and carried 4-1, to allow Mr. Williams to continue with his comments adding one minute of time.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Continued to discuss concerns with MAYOR COURTNEY serving as the voting delegate.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Expressed support for COUNCILMEMBER DYER KRUSE serving as the voting delegate.
KELLY PARKER, BARSTOW, CALIFORNIA
- Expressed support for COUNCILMEMBER HERNANDEZ serving as the voting delegate.
JIM BROWN, BARSTOW, CALIFORNIA
- Expressed support for COUNCILMEMBER DYER KRUSE serving as the voting delegate.
Motion by COUNCILMEMBER ROSE, seconded by COUNCILMEMBER HERNANDEZ, and carried 4-1, to appoint COUNCILMEMBER DYER KRUSE as the voting delegate and MAYOR COURTNEY as the alternate voting delegate.
Minutes-August 21, 2023
RESULT: APPROVED [4 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Hernandez
NAYS: Courtney
6. MEASURE I YEAR-END -UPDATE 2022/2023 REVISED
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Approve the necessary expenditure appropriation adjustments to the Measure I Capital Improvement Projects (CIP), per Attachment A, and appropriate the associated expenditure and revenue transfer accounts to/from the Measure I Fund (209) and the Capital Improvement Project (CIP) Fund (400).
2. Direct staff to forward the report to SBCTA.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked when funding would be available for street repairs.
KELLY PARKER, BARSTOW, CALIFORNIA
- Asked when funding would be available for street repairs.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
7. EMPLOYMENT AGREEMENT FOR LIMITED DURATION FOR CITY ENGINEER SERVICES WITH MICHAEL B. STEWART
Recommended Action:
Staff recommends that the City Council
1. Adopt a Resolution of the City of Barstow No. 5139-2023, California Approving an Employment Agreement with Limited Duration City Engineer Michael B. Stewart; and
2. Approve the attached Limited Duration City Engineer employment agreement with Michael B.
Stewart.
ENGINEERING SERVICES ADMINISTRATOR DOMINGO GONZALES
- Presented the staff report as filed with the City Clerk.
COUNCILMEMBER HERNANDEZ
- Asked if Mr. Stewart's license was still valid.
- Recommended that the Council not consider the item until a valid license was confirmed.
ENGINEERING SERVICES ADMINISTRATOR DOMINGO GONZALES
- Confirmed that Mr. Stewart's license was valid and would confirm the renewal date.
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that Mr. Stewart's license lapsing automatically voided the employment agreement.
Minutes-August 21, 2023
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if Mr. Stewart was current on all federal, state, and local laws.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
8. AMENDMENT TO FY 2023-2024 PUBLICLY AVAILABLE PAY SCHEDULE (PAPS) Recommended Action:
Staff recommends that the City Council adopt Resolution No 5140-2023, approving the amended publicly available pay schedule (PAPS) (Attachment A) for FY 2023/2024 with an effective date of August 21, 2023.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
9. FINAL ACCEPTANCE FOR THE POND PUMPING SYSTEM PROJECT, PROJECT WW-2022- 001
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Approve the Final Acceptance of Project WW-2022-001, Pond Pumping System Project;
2. Authorize staff to file the attached Notice of Completion.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
DISCUSSION / ACTION ON DEFERRED ITEMS:
PUBLIC HEARINGS:
BUSINESS / ACTION ITEMS:
10. APPROVE RESOLUTION 5141-2023 PROCLAIMING EXISTENCE OF A LOCAL
EMERGENCY FOR THE CITY OF BARSTOW
Recommended Action:
Approve Resolution 5141-2023 proclaiming the existence of a local emergency for the City of Barstow and waive the full reading.
CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk. - Thanked all Emergency Operations Center, public safety, Public Works, and Marine Corps Logistics Base staff for their response.
- Stated that a local emergency declaration was needed in order to receive funding from the Federal Emergency Management Agency (FEMA).
Minutes-August 21, 2023
Motion by COUNCILMEMBER ROSE, seconded by MAYOR COURTNEY, and unanimously carried, to consider Items 10 and 11 together.
SPEAKERS
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed concerns with the heavy traffic along Main Street and with Interstate 15.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with the lack of shelter for the homeless population during the recent tropical storm.
COUNCILMEMBER ROSE
- Thanked all Emergency Operations Center, public safety, Public Works, and Marine Corps Logistics Base staff for their response.
- Asked if there would be an after-action report on the incident.
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that an after-action review would be conducted.
Discussion ensued regarding the local response to Tropical Storm Hilary.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
11. DECLARATION OF LOCAL EMERGENCY WITHIN THE CITY OF BARSTOW Recommended Action:
Call a State of Emergency within the City of Barstow as a result of Tropical Storm Hilary.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
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.
SPEAKERS
JOHN HILL, BARSTOW, CALIFORNIA
- Proposed various community projects including preserving the 1st Street Bridge, an arts district proposal, and auto racing.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with the City's involvement with repayment of mileage reimbursements from MAYOR COURTNEY to the San Bernardino County Transportation Authority (SBCTA).
Minutes-August 21, 2023
KAMBIZ MOORIDI, BARSTOW, CALIFORNIA
- Commended CITY MANAGER WILLIE HOPKINS, JR.
- Expressed support for MAYOR COURTNEY.
TIM SILVA, BARSTOW, CALIFORNIA
- Thanked the Homeward Bound Committee for their donation of bottled water to Saint Joseph's Church.
KELLY PARKER, BARSTOW, CALIFORNIA
- Discussed suggestions for improvement to Coolwater Lane.
PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Expressed support for MAYOR COURTNEY and CITY MANAGER WILLIE HOPKINS, JR.
ROBERT GRAHAM, BARSTOW, CALIFORNIA
- Discussed concerns with the City Council.
- Thanked COUNCILMEMBER ROSE for her support during the US Veteran's Association's recent Kid's Day event.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Discussed the local response to Tropical Storm Hilary.
ET SNELL, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY.
ELIZABETH GIVENS, BARSTOW, CALIFORNIA
- Discussed concerns with smear campaigns against MAYOR COURTNEY, MAYOR PRO TEM NOBLE, and CITY MANAGER WILLIE HOPKINS, JR.
BRIAN ZANE, BARSTOW, CALIFORNIA
- Requested the door by the ADA ramp be unlocked for Council meetings. - Asked the Council to provide reports on their voting districts.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY's mileage reimbursements.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with mailers circulating around town calling for the recall of COUNCILMEMBER ROSE.
JIM BROWN, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY and CITY MANAGER WILLIE HOPKINS, JR.
STAFF REPORTS:
CITY MANAGER'S JULY 2023 UPDATE
Recommended Action:
Receive and file.
RESULT: PRESENTATION ONLY
Minutes-August 21, 2023
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 9:41 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