REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
SEPTEMBER 18, 2023
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
REGULAR MEETING
Minutes-September 18, 2023
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the Closed Session Meeting to order at 6:00 P.M.
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 Absent
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, PLEASE
SO INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HANDING IT TO THE CITY CLERK PRIOR TO THE AGENDA ITEM BEING ADDRESSED. 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-September 18, 2023
NONE
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Kruse, Rose, Courtney, Hernandez
ABSENT: Noble
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: 2.
REPORT OF CLOSED SESSION:
CITY ATTORNEY, MATTHEW SUMMERS reported the following:
Stated that the City Council met in Closed Session to consider two items regarding initiation litigation.
Item 1- Provided direction to staff and Council to initiate litigation. Information on the matter will be available when filed with the Court.
Item 2 - Provided direction to staff and Council, no reportable action taken.
INVOCATION:
DIANE LOPEZ OF CROSSROADS ASSEMBLY gave an 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 meeting to order at 7:21 P.M.
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER DYER KRUSE led the pledge of allegiance
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 PRIOR TO THE AGENDA ITEM BEING ADDRESSED. 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-September 18, 2023
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.
COUNCIL MEMBER KRUSE pulled item no. 8
CITY ATTORNEY SUMMERS said staff would like to recommend moving items 10 and 11 to a future meeting for further discussion.
COUNCIL MEMBER ROSE pulled item no. 9 and asked for a second that council committee reports and comments be added to the agenda so that the council be heard.
COUNCIL MEMBER HERNANDEZ second.
CITY ATTORNEY SUMMERS corrected the council by stating that the Brown Act only allows items to be added to the agenda when there is an emergency or a situation that needs resolution prior to the next meeting or 4/5 vote of the council.
COUNCIL MEMBER HERNANDEZ Rescinded her 2nd vote and recommended making the additions to the next agenda.
MAYOR COURTNEY recommended adding an item to the agenda to discuss the structure of the council meetings.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Kruse, Rose, Courtney, Hernandez
ABSENT: Noble
PRESENTATIONS:
2. PRESENTATION FROM SKYLINE NORTH ELEMENTARY SCHOOL
Recommended Action:
Presentation only.
MR. JASON DOKIE and the students gave a presentation on the school updates on welcoming back students.
COUNCIL MEMBER KRUSE thanked Mr. Dokie for his time and the work he does with the students.
RESULT: PRESENTATION ONLY
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.
Minutes-September 18, 2023
SPEAKERS
CHARLES D’AURIA
-Addressed some concerns regarding traffic speeds on Rimrock Road.
JOHN WILLIAMS
-Said there was a discussion on items that were discussed in closed session.
ATTORNEY SUMMERS said Mr. Williams is free to speak on what he chooses.
MR. WILLIAMS said the Mayor is infringing on his rights to speak, and asked why SB1100 not taking seriously.
LEONARD WILLIAMS
- Said new Code Enforcement is confusing residents on what is allowed in their yards since these items have been there for several years. Mr. Williams is also wanting more information on the status of the Humane Society.
E T SNELL
- Turning in a theft report for his tripod going missing.
MIKE HERNANDEZ
- Said Code Enforcement is out citing residents for messy yards and wants to site the city for not cleaning up the streets. He also said there is no committee to help the seniors.
TED WEASMA
- Recommended doing a street cleanup. Said seniors need assistance and the city should help them. also recommended doing a city-wide yard sale.
J.D.
- Asked if the Council voted on the remodel of City Hall. he's a general contractor and he should have had an opportunity to bid on the project.
JIM BROWN
- Said the City Manager put his assistant to take the blame for the letter that was sent to the county.
TIM SILVA
- Thanked the Homeward Bound group for the donation of 400 bottles of water. Thanked Mr. Dokie for the things he does for the students. added that on item 11, section 6 - A1 you can consider it a default for there is a misleading statement. said the violation asked how the agenda was changed if it was discussed in a closed session but not reported out.
BILLIE BRAUN
- Said Frontier Fiber Optics has not repaired the asphalt and box outside her house and would like to know the status of the repair to her property. also added she is in support of adding the council updates.
MAYOR COURTNEY CALLED FOR A RECESS AT 8:10 pm DUE TO AUDIO/VIDEO ISSUES.
MEETING WAS RECONVENED AT 8:26 pm WITH ALL COUNCIL MEMBERS PRESENT.
Minutes-September 18, 2023
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.
NO SPEAKERS ON CONSENT.
ALL COMMENTS ARE ON PULLED ITEMS.
MINUTES ALL AGENCIES:
3. MINUTES REGULAR MEETING - AUGUST 21, 2023, AT 5:30 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Kruse, Rose, Courtney, Hernandez
ABSENT: Noble
4. MINUTES CLOSED SESSION - AUGUST 28, 2023, AT 5:30 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Kruse, Rose, Courtney, Hernandez
ABSENT: Noble
CITY COUNCIL:
5. ACCEPTANCE OF THE FY 2020 AND FY 2021 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 2020 (Revenue 218.615.116.636) and FY 2021 (Revenue 218.615.116.637) Edward Byrne Memorial Justice Grant (JAG) in the amount of $39,818 and to appropriate funds in the amount of $39,818 to account numbers as follows:
1. 2020 JAG Grant
a. Expenditure - 218.218.218.07.724 $19,329
2. 2021 JAG Grant
b. Expenditure - 218.218.218.07.725 $21,050
Minutes-September 18, 2023
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Kruse, Rose, Courtney, Hernandez
ABSENT: Noble
6. RESOLUTION NO. 5142-2023 OF THE CITY COUNCIL OF THE CITY OF BARSTOW
TEMPORARILY CLOSING CERTAIN STREETS WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH CALIFORNIA VEHICLE CODE SECTION 21101(E) FOR THE SATURDAY NIGHT CRUISERS MAIN STREET USA CAR SHOW.
Recommended Action:
Adopt Resolution No. 5142-2023, temporarily closing certain streets within the City of Barstow in accordance with California Vehicle Code Section 21101(e) for the Main Street USA Car Show, and waive the full reading.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Kruse, Rose, Courtney, Hernandez
ABSENT: Noble
7. RESOLUTION NO. 5143-2023 TEMPORARILY CLOSING CERTAIN STREETS WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH SECTION 21101(E) OF THE CALIFORNIA
VEHICLE CODE FOR THE MARDI GRAS PARADE
Recommended Action:
Adopt Resolution No. 5143-2023 temporarily closing certain streets within the City of Barstow in accordance with Section 21101(E) of the California Vehicle Code - Kiwanis Mardi Gras Parade), in which funds were appropriated in FY 2023/2024 from account number 102.150.542.07.755, and waive the full reading.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Kruse, Rose, Courtney, Hernandez
ABSENT: Noble
8. COMMUNITY PROMOTIONAL FUND APPLICATION FROM BARSTOW HIGH SCHOOL -
TIMOTHY BRINKLEY
Recommended Action:
Approve a Community Promotional Fund cash donation in the amount of $1,000 to Barstow High School.
COUNCIL MEMBER KRUSE pulled item 8 for further discussion as she feels this is not a qualifying Community Promotional fund use. She questioned the educational value of this trip and felt it in no way promoted the city of Barstow.
COUNCIL MEMBER ROSE is also concerned that it was not an approved activity and this may cause a liability and cause other schools to request funds for a similar use.
MAYOR COURTNEY said the cleanup in Newport is great, but did this group help clean up our own city this past weekend?
Minutes-September 18, 2023
SPEAKERS
LEONARD WILLIAMS
– Does not think this is a good item to approve since the kids did not participate this past weekend in the local cleanup.
TED WEASMA
- Felt this request was not in the best interest of the city and in no way helping Barstow and money should go to the seniors who have been asking for funds for civic events.
RESULT: FAILED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Kruse, Rose, Courtney, Hernandez
ABSENT: Noble
9. APPOINT COUNCIL MEMBER HERNANDEZ AS THE PRIMARY REPRESENTATIVE AND COUNCIL MEMBER MARILYN D. KRUSE AS THE ALTERNATE TO THE SAN BERNARDINO
COUNTY TRANSPORTATION AUTHORITY (SBCTA) BOARD OF DIRECTORS Recommended Action:
1. Appoint Council Member Carmen Hernandez as representative to the SBCTA Board.
2. Appoint Council Member Marilyn D. Kruse as an alternate to the SBCTA Board.
COUNCIL MEMBER ROSE pulled the item for discussion.
COUNCIL MEMBER ROSE thanked Council Member Hernandez for stepping up and is confident Council Members Hernandez and Kruse will represent the city well and asked if Council Member Rose asked if SBCTA and SCAG are connected - and does SCAG require a separate appointment.
CITY ATTORNEY SUMMERS said that is separate and the Mayor has not stepped down from SCAG, but the Council could bring it to another meeting for recommended action.
SPEAKERS
JOHN WILLIAMS
-Asked why the mayor stepped down from SBCTA - for being unethical, he asked if there was an agreement made with the county to have the mayor step down. if there is, he would like a copy of this document. added that Council Members Hernandez and Kruse will do a good job.
ET SNELL
- Said Council Member Hernandez will do a great job.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Kruse, Rose, Courtney, Hernandez
ABSENT: Noble
10. ADOPTION OF AMENDMENTS TO CITY COUNCIL POLICY MEMORANDUM #2021-17, USE
AND OPERATION OF CITY VEHICLES BY ELECTED OFFICIALS
Recommended Action:
That the City Council adopt amendments to City Council Policy Memorandum #2021-17, Use and Operation of City Vehicles by Elected Officials.
Minutes-September 18, 2023
At the request of staff, item NO. 10 has been continued to a future meeting for further discussion.
RESULT: CONTINUED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Kruse, Rose, Courtney, Hernandez
ABSENT: Noble
DISCUSSION / ACTION ON DEFERRED ITEMS:
PUBLIC HEARINGS:
11. PUBLIC INFORMATION REGARDING MARRIOTT HOTEL SUBSIDY AGREEMENT Recommended Action:
Staff recommends that the Council receive public comment and receive and file this economic development subsidy report.
At the request of staff, item No. 11 was continued to a future meeting for further discussion.
RESULT: CONTINUED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Kruse, Rose, Courtney, Hernandez
ABSENT: Noble
STAFF REPORTS:
CITY MANAGER'S AUGUST 2023 UPDATE
Recommended Action:
Receive and file.
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 9:02 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