BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
NOVEMBER 6, 2023
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-November 6, 2023
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the Closed Session meeting to order at 6:00 P.M.
INVOCATION:
MAYOR PRO TEM JAMES NOBLE led the invocation.
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER KRUSE led in 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, 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 Minutes-November 6, 2023
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.
NO SPEAKERS WERE PRESENT.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: James Noble, Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Hernandez, 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: 1.
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following
- The City Council met in Closed Session to consider one item regarding potential initiation of litigation. No reportable action was taken.
CALL TO ORDER - REGULAR MEETING 7:01 PM (or immediately following adjournment of Closed Session if adjourned after 7:00 PM):
MAYOR PRO TEM JAMES NOBLE led the invocation.
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER ROSE led in 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: 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.
Minutes-November 6, 2023
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. 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
COUNCILMEMBER HERNANDEZ requested that Item 6 be pulled for further discussion.
Motion by COUCILMEMBER HERNANDEZ, seconded by MAYOR PRO TEM NOBLE and unanimously carried to approve the agenda, pulling Item 6 for further discussion.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Hernandez, Courtney
PRESENTATIONS:
2. AFTER-EVENT REPORT AND PRESENTATION BY BARSTOW CHAMBER OF COMMERCE & MAIN STREET USA CAR SHOW
Recommended Action:
After-event report and presentation only.
EUGENE BUTTUCCI thanked all the participants that helped the Main Street USA Car show.
RESULT: PRESENTATION ONLY
CONSENT CALENDAR PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE GOVERNING BOARD ON MATTERS ON THE CONSENT CALENDAR.
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 ALL AGENCIES:
3. MINUTES REGULAR MEETING - OCTOBER 16, 2023, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
Minutes-November 6, 2023
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
ACCOUNTS PAYABLE ALL AGENCIES:
4. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #92980-93364 totaling $6,930,727.17 and wires #904-908 totaling $331,675.50, per the Agency breakdown below:
City: $6,943,314.52
Fire: $319,088.15
Successor Agency: $0.00
Grand Total: $7,262,402.67
SPEAKERS
ET SNELL - NEWBERRY SPRINGS, CALIFORNIA
– Asked when he could bring his tripod back and he wants to know where the 2.4 Million will fit in the ratification of accounts payable and said there are more Code Enforcement officers out issuing more citations and asked if we can hire an attorney to take the Marriot contract and review it to see if we could get out of it.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
– Asked about check #93104 $7598.22 for the poop farm and asked if the city was dumping waste there again.
- Check #93183 Jackson & Lewis 3rd party firm that is handling the ongoing lawsuits and asked if that is true.
- Check# 93385 miscellaneous litigation $46k asked if he could get the breakdown and said he helped Measure Q pass and wants to make sure we give the youth and seniors what was promised.
COUNCILMEMBER ROSE
- Abstained from voting on check #93150.
COUNCILMEMBER KRUSE
- Abstained from voting on check #’s 93136, 93193, 93229, 93384 and 93436.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
CITY COUNCIL:
5. MEASURE Q FUND FINANCIAL REPORT FISCAL YEAR 2022-2023 - 4TH QUARTER Recommended Action:
That the City Council receive and file the Measure Q Fund Financial Report for the 4th Quarter of Fiscal Year 2022-2023 covering the period of April 1, 2023 - June 30, 2023 as presented.
Minutes-November 6, 2023
SPEAKERS
TED WEASMA, BARSTOW, CALIFORNIA
-Said there use to be $50k set aside for seniors and now it's been cut down to $12,500 and also taking money away from infrastructure and pay attention to the money being spent.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
– Said he was present at the Measure Q meeting and wants to know where the departments are going to come up with all the money to complete all the projects they proposed and questioned why there is a shift from a 5-year to a 2-year plan.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
6. RELEASE OF RIGHTS FOR OLD BRIDGE NORTH FIRST AVENUE BRIDGE Recommended Action:
Staff recommends that the City Council authorizing the Mayor or designee the authority to sign the Conditional Waiver of Release.
COUNCILMEMBER HERNANDEZ
-Said she pulled the item to make sure the public understands what is being done.
CITY ATTORNEY MATTHEW SUMMER
- Said in 1928 the state relinquished their rights to the bridge to the city and now that the new bridge is being built, it is transferring the right of way of the new bridge to the city.
COUNCILMEMBER ROSE
-Asked if when the new bridge is open, what if there are any issues with the new bridge would the city be able to use the old bridge and asked if there is some grace period.
CITY ATTORNEY MATTHEW SUMMER
- Said if that was the case, then the city would have to negotiate some type of agreement with SBCTA.
COUNCILMEMBER HERNANDEZ
- Said the old bridge is scheduled to be torn down as soon as the new one is open.
MAYOR PRO TEM NOBLE
- Asked how soon will the old bridge be torn down when the new bridge opens.
CITY MANAGER WILLIE A. HOPKINS
- Said he did not have the information but will ask SBCTA and come back with the date of when it will be scheduled for demolition.
SPEAKERS
JOHN WILLIAMS, BARSTOW, CA
-Asked how much money did the Mayor get for the city for the bridge and wanted to thank the Mayor for getting the money to replace
Minutes-November 6, 2023
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULED FROM
CONSENT CALENDAR BY COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME)
PUBLIC HEARINGS:
NONE
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
STEVEN C. PODLISKA, BARSTOW, CALIFORNIA
- Said his goal is to talk about heroin in the water and the military has an underground canals and taking our water said there is cannibalism going on and he would like to curse them out.
TED WEASMA BARSTOW, CALIFORNIA
- Said The City Manager has promised various meeting and they have not happened when will these meetings happen, and the proposal to put homeless people out on Soapmine Rd. it's 5 miles out of town, and wants to know when the Police Department will do sweeps in Barstow, said he keeps seeing sweeps in Apple Valley and Victorville, also says there are a lot of cameras and wants to know how they are doing.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Asked about the public hearing that was postponed and wanted to know when it will happen.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Would like to say that there was a conspiracy to defraud and says there is a way out of the contract with the clause that states, if they acted in bad faith then it can be voided and doesn't know why nobody is bringing it back for discussion, and said Matthew is not doing his job.
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Asked what the status of his tripod is and asked how many cargo vans will be going thru the 15 freeway and turn over the city Marriott and said Matthew is a genius and said can run the Marriott for them and asked for Mr. Summer’s resignation.
JOHN WILLIAMS, BARSTOW, CALIFORIA
- Said 4 of their football teams look like they are headed to the championship, Marriot was done because the Mayor needed a project and saw an opportunity and wanted to know how Mike Lewis lost 5 million dollars on items the council approved.
PYRO CHAHUA, BARSTOW, CALIFORNIA
- Wants to talk about the old bridge and wants to know what they are going to do with the material and thinks we should do something big and the city should decide what we do with it and also spoke about resentment and makes things go slow and he is running for Mayor in 2024.
Minutes-November 6, 2023
JIM BROWN, BARSTOW, CALIFORNIA
- Said he got a call from someone and was told he needed to apologize to the City Manager and said he didn't write the letter to the county and he is getting attacked and all he wants is accountability.
VIRGINIA BROWN BARSTOW, CALIFORNIA
- Came to introduce herself and said she talked to her family and friends and they support her running for District 4 seat.
ELIZABETH GIVENS, BARSTOW, CALIFORNIA-
- Would like to ask the city attorney the status of the sexual harassment on city employees and would like to know the status of funds that are to be given to the nonprofit.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Would like to know when the funding becomes available for Main St. traffic signals as the road has become a raceway and would like to pass along condolences to the family of Alexis Curry and noticed on Facebook the Marriott is having a soft opening and thank you to John Garner for his reporting.
STAFF REPORTS:
COUNCIL COMMITTEE REPORTS:
COUNCILMEMBER ROSE
- Rules and policy will be on November 28th.
- Homeward bound meeting will be November 8th.
MAYOR PRO TEM NOBLE
- Military affairs will be November 14th.
- VVTA will meet in the Council Chambers on November 20th.
COUNCILMEMBER KRUSE
- Participated in the SWAT meeting and they discussed plastic pollution. - Heard Nursery Products have submitted their permits to operate again. - Rules and policy will be on November 28th.
COUNCILMEMBER HERNANDEZ
- Attended the Mojave Air Quality on October 23rd.
- Also attended the SBCTA meeting on October 20th and they approved funding for State Route 62 in 29 Palms.
- Recommended all Council attend the next SCAG meeting in Apple Valley to see how funding is disbursed.
MAYOR COURTNEY
- Said there is 9 million dollars in funding to help the homeless in San Bernardino. - Said he was recognized by the Masons and given an award. - Said he’ll be attending the Homeless Summit in San Bernardino on November 8th.
BUSNESS OF THE COUNCIL:
COUNCILMEMBER ROSE
- Asked how individuals get an award from the Mason
- Asked for the Public Hearing regarding the hotel agreement and would like to know when it will be coming back
- Responded to Mr. Hernandez and acknowledges that it is hard to schedule training and meetings as they all travel or have other obligations but it should move forward. - Would also like to see the seniors get more funding.
Minutes-November 6, 2023
CITY ATTORNEY MATTHEW SUMMERS
- Responded to COUNCIL MEMBER ROSE, it will depend on noticing and the date will be published, website and agenda.
MAYOR PRO TEM NOBLE
- Congratulate Gene and said it was an awesome event, stayed the whole day for a good event and looks forward to next year.
- Congratulations to Youth Football.
- Would like to see in the future more support from the community.
COUNCILMEMBER KRUSE
- Attended the Mardi Gras Parade and noted it was well attended. - Attended the Measure Q meeting.
- Attended the ribbon cutting for the MCLB’s New Fire Station. - Also traveled to Lake Havasu for the Casino Tribe and Board Presentation. - Attended the Trunk or Treat and the city clerk had some donated items to give away.
COUNCILMEMBER HERNANDEZ
- Utility bills are going up and encourages residents to protest the increases. - Working on rescheduling the Street Committee meeting. - Said there was an issue with senior bus trip and the City Manager to look into. - Asked for staff to look at the light sign on Main St. - Happy to see the city is soliciting a lobbyist again. - Attended the reopening of New Hope Village on October 27. - Encouraged people to get out and get your vaccines because COVID is not going away. - Edison providing 50k in scholarship for STEM seniors. - Will be attending the Veterans Day service at 11:00 am at the cemetery.
MAYOR COURTNEY
- Said he will be speaking at the cemetery for Veterans Day. - Went to Lake Havasu for the Casino Tribe and Board presentation. - Will be at the Boots and Bling this coming Saturday.
- Will be attending the Marine Corps Ball in Vegas
- Attended the 30th anniversary for VVTA
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 8:42 P.M. in memory of Alexis Curry.
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