BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
OCTOBER 2, 2023
7:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-October 2, 2023
CALL TO ORDER - REGULAR MEETING 7:02 PM:
INVOCATION:
The invocation was led by David Samples of Hi Desert Word Center.
PLEDGE OF ALLEGIANCE:
MAYOR PRO TEM JAMES 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
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.
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.
Minutes-October 2, 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. ITEMS MAY ONLY BE ADDED TO THE AGENDA AS ALLOWED BY STATE LAW, INCLUDING GOVERNMENT CODE SECTION 54954.2, SUBDIVISION (B),
ALLOWING EMERGENCY ITEMS TO BE ADDED BY MAJORITY VOTE AND ALLOWING ITEMS THAT AROSE TO THE CITY’S ATTENTION AFTER THE AGENDA POSTING DEADLINE, BUT WHICH REQUIRE
IMMEDIATE ACTION, TO BE ADDED BY A TWO-THIRDS VOTE OF THE COUNCIL MEMBERS PRESENT
AT THE MEETING, OR, IF LESS THAN TWO-THIRDS OF THE COUNCIL MEMBERS ARE PRESENT, A UNANIMOUS VOTE OF THOSE MEMBERS PRESENT.
Motion by COUNCIL MEMBER KRUSE, seconded by COUNCIL MEMBER HERNANDEZ and unanimously carried to approve the agenda.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
PRESENTATIONS:
MAYOR COURTNEY - Presented proclamation to Peggi Fries.
PEGGI FRIES - Invited all to their Candlelight Light Vigil, on October 7, 2023, at 6:00 p.m. at the Court House and their annual open house on October 18, 2023, and thanked all her staff for their hard work and dedication.
1. PRESENTATION OF PROCLAMATION TO DESERT SANCTUARY, INC. IN RECOGNITION OF DOMESTIC VIOLENCE AWARENESS MONTH - OCTOBER 2023
Recommended Action:
Present proclamation to Desert Sanctuary, Inc. in recognition of Domestic Violence Awareness Month - October 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.
MINUTES ALL AGENCIES:
2. MINUTES REGULAR MEETING - SEPTEMBER 18, 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: Noble, Kruse, Rose, Courtney, Hernandez
Minutes-October 2, 2023
ACCOUNTS PAYABLE ALL AGENCIES:
3. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #92472-92979 totaling $6,689,044.82 and wires #890 & 892-903 totaling $502,154.09, per the Agency breakdown below:
City: $6,737,313.05
Fire: $453,885.86
Successor Agency: $0.00
Grand Total: $7,191,198.91
SPEAKERS:
JOHN WILLIAMS – BARSTOW, CA
-Item #3 asked what Jackson Lewis was doing for the City and also noticed the City Attorney had a 50K for additional services and would like the breakdown of the total.
COUNCIL MEMBER HERNANDEZ abstained from check number 92837.
COUNCIL MEMBER KRUSE abstain from check numbers 92477, 92613, and 92966.
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:
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
COUNCIL AGENDA ITEMS:
4. RESOLUTION 5145-2023 SUPPORTING UNITED STATES BICYCLE ROUTE 85 (USBR 85)
Recommended Action:
Staff recommends that the City Council enact the following actions:
1. Approve resolution No. 5145-2023 adopting USBR 85 and waive the reading in full.
2. Direct staff to forward a copy of the adopted resolution to appropriate organizations.
DOMINGO GONZALEZ presented the staff report as filed with the City Clerk.
COUNCIL MEMBER KRUSE
- asked where US 85 is located.
MR. GONZALEZ
- stated the intent was to have a dedicated bike route on HWY 395 to HWY 58 but since 58 is barred from being a bike route, the proposal is to make Lenwood Rd a bike route coming all the way through to the 15 freeway.
MAYOR PRO TEM NOBLE
- understands that there is no cost to the City but asked if it would cause any impact on traffic flow through the city, and when is this anticipated to take effect.
Minutes-October 2, 2023
MR. GONZALEZ
- said at this time the City is just providing a letter of support, but adding a bike lane may encourage residents to ride their bikes to and from work.
COUNCIL MEMBER ROSE
- understands that this is all premature, but asked if there is a liability to the city and also asked if this has any effect on the BNSF project.
MR. GONZALEZ
- said that the information provided stated that there is very limited liability and that the individuals who would be using these lanes are avid bike riders.
COUNCIL MEMBER ROSE
- asked if the City could add some language to the resolution to protect the City.
ANDREW L. JARED, CITY ATTORNEY
- said something could be drafted, so when the final version of the document does come forward.
MR. GONZALEZ
- said it would be a cost to the State as such a freeway sign.
COUNCIL MEMBER HERNANDEZ
- just wanted to confirm that this is just a letter of support and does not commit the City to anything at this time.
COUNCIL MEMBER ROSE
- asked who would be responsible for the installation of the signs designating the bike route.
MR. GONZALEZ
- said it would be a cost to the state since the bike routes are located on State Highways like freeway signs.
SPEAKER:
MARSHA WEASMA- BARSTOW, CA
- said it's a good thing for the City.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
5. ADOPTION OF RESOLUTION 5146-2023 AMENDING THE CITY COUNCIL RULES FOR THE
CONDUCT OF ITS MEETING PROCEEDINGS AND BUSINESS AND REPEALING RESOLUTION 5108-2022.
Recommended Action:
Adopt Resolution No.5146-2023, amending the City Council rules for the conduct of its meeting proceedings and business, repealing Resolution 5108-2022, and waiving the full reading.
SPEAKERS:
TIM SILVA – BARSTOW, CA
Minutes-October 2, 2023
- glad to see the item is on the agenda but wants to know what happened to the agenda that went to Rules and Policies and wants to know how this was reported out by the city attorney.
TED WEASMA – BARSTOW, CA
- greatly concerned about this item and would like to see the council committee reports added and hope the council does not vote on this, and that the agenda is reverted back to what it was 5 months ago.
JOHN WILLIAMS – BARSTOW, CA
- wants to know why have we not responded to the questions they ask, and thinks Council Members should speak and show that they are aware of what's going on in their district.
JIM BROWN – BARSTOW, CA
- agrees with Tim Silva and would like to bring back the Chief and Fire Chief comments so we know what’s going on.
VIRGINIA BROWN – BARSTOW, CA
- agrees with all speakers and would like to know how they got here, said they are being lied to, and thinks this places a muzzle on Council.
ET SNELL – NEWBERRY SPRINGS, CA
- asked why are we messing with this agenda, and said the only reason they are doing this is to not speak on the Marriott project.
MIKE HERNANDEZ - BARSTOW, CA
- said we are taking the rights away from the Council and said Mayor Pro Tem Noble is the one that can bring back the voice of Council. He said the Council should speak on how they spend tax dollars.
MARSHA WEASMA – BARSTOW, CA
- asked who took the oath seriously and asked why and said she has called her Council Members to get updates and thinks Council should use their voices and would like to hear from the Chiefs again.
BILLIE BRAUN – BARSTOW, CA
- she agrees with all that spoke before and said all the residents and Council are being muted and said she is fuming.
COUNCIL MEMBER ROSE
- asked why the speakers were allowed to comment first, normally Council goes first and she is not in favor of silencing Council voices she wants to continue on her committee services because taxpayers have a right to know how their money is spent and agrees with all that spoke and she asked all of Council to vote no on this item.
COUNCIL MEMBER HERNANDEZ
- said that a written report is inefficient and allows for the public to ask questions and it's a disservice to the public, and the Council should not be silenced for fear of what might be said.
MAYOR COURTNEY
- said the question was asked on how we got here, and he went on to say - the meeting went from doing business to a show, and for that reason, there was a limit set so that Council could get the meeting back on track.
MAYOR PRO TEM NOBLE
- said to the City Manager that residents requested comments from the Chief and Fire Chief, but asked if they have nothing to report, then there will be no comments from them.
Minutes-October 2, 2023
CITY MANAGER, WILLIE A. HOPKINS JR.
- Said they are following the direction of the Council, by providing written reports. staff reports could be written or oral and the report includes any member of staff and is critical they give an oral presentation and no other information that is not being compiled
COUNCIL MEMBER ROSE
- would like to see the Chiefs come back and ask them to give updates and she asked Mayor Courtney to explain how things got changed from a few months ago.
MAYOR COURTNEY
- said he recalls a decision was made with the City Attorney to limit the time of comments and remarks and move forward on the business of the Council.
COUNCIL MEMBER KRUSE
- MOTION to table this item and wait for the regular attorney and have it come back to allow for more discussion.
MOTION TO TABLE – Failed due to the lack of 2nd.
COUNCIL MEMBER HERNANDEZ
- called for the question, to vote on the resolution.
MAYOR COURTNEY
-did a subsequent MOTION to table the item to a later meeting for when our regular attorney is present to provide additional information.
MOTION TO TABLE – Failed due to the lack of 2nd.
COUNCIL MEMBER ROSE
- asked why Mr. Jared could not assist in making a decision since he is working for the same firm.
ANDREW L. JARED, CITY ATTORNEY
- repeated the motions that were all made noted 1st and subsequent motions died due to lack of 2 nd
, said the current motion was to approve the resolution as presented.
RESULT: FAILED [3 TO 2]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Kruse, Courtney
NAYS: Rose, Hernandez, Noble
STAFF REPORTS:
GENERAL, NON-AGENDA PUBLIC COMMENT:
SPEAKERS;
LEONARD WILLIAMS - BARSTOW, CA
- asked for an update on the Humane Society and wanted to know why our ACM is advertising on social media asking for feedback on the 500k from Measure Q, why? The City already had a list of priorities on the park needs and why not address the issue at Cora Harper's HVAC and is also asking for information on the homeless shelter the Mayor is working on.
Minutes-October 2, 2023
TIM SILVA - BARSTOW, CA
-received a call from some citizens regarding overgrowth on the corner of Rimrock/Mesquite and also said there was an admission of a Brown Act violation. Said the Mayor discussed votes.
TED WEASMA - BARSTOW, CA
- said power corrupts and in many ways supports City Manager but also has concerns, said he doesn't like the closed-door meetings and he wants to know what is discussed and asked about the workshops.
JOHN WILLIAMS - BARSTOW, CA
- asked for a copy of a letter and wants to know how the Mayor got that letter and how that letter got out to the public.
ROLAND ULOA - BARSTOW, CA
- said he has lost 4 million dollars in this city and that we keep losing business and also asked how the Planning Commission is appointed.
JIM BROWN - BARSTOW, CA
- asked if Maribel Hernandez and Mr. Hopkins contacted the law office before sending out the letter to the county, said he would like for Mayor Pro Tem Noble to speak up and stated Council Member Hernandez ran from the 2.4 Million and asked her to do her job.
VIRGINIA BROWN - BARSTOW, CA
- asked the Council to go home and look into a mirror ask how are they leading and to turn away from their wicked ways.
ET SNELL - NEWBERRY SPRINGS, CA
-said the Marriott deal stinks and that the Mayor was given gifts and asked the attorney if that contract could be reversed, and asked Mayor Courtney to teach the community to not be like him and the city should get a new attorney.
COURTNEY ALVARADO - BARSTOW, CA
-Barstow Pet's in Need rescue foster organization and they have 32 pets in their care with the crisis and re-homed 126 pets asking for some help with funding for the organization. Introduced volunteers; Adam, Myana, Joanne, Natasha, Bianca.
MIKE HERNANDEZ - BARSTOW, CA
- said at the last meeting the Marriott item was put aside for a later date, and no date was set asked if the City is obligated to pay the 40k per month, and wants to have it brought back so they can comment on the item.
MARSHA WEASMA - BARSTOW, CA
- said she's getting several calls on the Humane Society and we also need a Homeless Shelter and when the kids come back we need to give them a standing ovation, Chief Espinoza - there has been a lot of graffiti damage, and hopes the cameras can catch who is doing the damage.
BILLIE BRAUN - BARSTOW, CA
- said the Mayor is insulting and berating and how he talks to everyone that comes up to speak and the heckling should be shut down.
BRIAN ZANE - BARSTOW, CA
- would like to know who his Council Member is and asked why other Council Members don’t shake his hand and discussed his concerns with our technical issues with the internet at the last meeting.
PIRU CHOA - BARSTOW, CA
- announced he is a 2024 candidate for Mayor.
Minutes-October 2, 2023
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 9:12 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