REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
NOVEMBER 20, 2023
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
REGULAR MEETING
Minutes-November 20, 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 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.
Minutes-November 20, 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.
NO SPEAKERS WERE PRESENT.
MOTION TO GO INTO CLOSD 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 — ANTICIPATED LITIGATION 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: 2
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:
(Gov. Code Section 54956.9(d) (1))
Case Name: Hernandez v. City of Barstow,
San Bernardino County Superior Court Case No. CIV-SB-2125628 REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following
- The City Council met in Closed Session to consider three items, two regarding anticipated litigation and one regarding existing litigation. Direction was provided to Council and staff and no reportable action was taken.
INVOCATION:
JAMES MILA from CROSSROAD ASSEMBLY gave the invocation.
CALL TO ORDER - REGULAR MEETING 7:11 PM (or immediately following adjournment of Closed Session if adjourned after 7:00 PM):
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER KRUSE led the pledge of allegiance.
Minutes-November 20, 2023
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.
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 Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
PRESENTATIONS:
CERTIFICATE OF RECOGNITION FOR DESERT COMMUNITY BANK
Recommended Action:
Presentation only
The City Council presented a certificate of recognition to Desert Community Bank.
RESULT: POSTPONED
Minutes-November 20, 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:
3. MINUTES REGULAR MEETING - NOVEMBER 6, 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
CITY COUNCIL:
4. RESOLUTION AUTHORIZING THE STREET CLOSURE FOR THE CITY OF BARSTOW 2023 WINTER FESTIVAL ON DECEMBER 9, 2023
Recommended Action:
Adopt Resolution No. 5147-2023, approving the Street Closure and Statement of Findings for the City of Barstow 2023 Winter Festival on December 9, 2023, and to waive the reading.
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: (ITEMS PREVIOUSLY TABLED OR PULLED FROM
CONSENT CALENDAR BY COUNCIL WILL BE CONSIDERED BY GOVERNING BOARD AT THIS TIME) PUBLIC HEARING:
NONE
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
5. APPROVAL OF AN AGREEMENT RELATED TO ARPA FUNDS FOR BARSTOW CEMETERY
RESTROOM PROJECT
Recommended Action:
1. Approve the contract between San Bernardino County and the City of Barstow in the amount not to exceed $400,000.
2. Authorize the City Manager to sign and execute the appropriate documents.
3. Authorize city staff to request the rejected CDBG funds of $65,000 to be moved to unprogrammed funds.
COUNCILMEMBER KRUSE –
- Asked who will be doing all the work or do we have a contractor to submit this project.
Minutes-November 20, 2023
DOMINGO GONZALEZ, ENGINEERING SERVICES ADMINISTRATOR -
- Said there is a process that needs to be followed and the project needs to go out to bid.
COUNCILMEMBER ROSE –
- Requested clarification on whether the funds in question were intended for the landscaping project. If so, COUNCIL MEMBER ROSE suggested allocating some of the funds the landscaping and expressed concern about the potential rise in construction costs and wondered where the additional funds would come from to cover these expenses.
MATTHEW SUMMERS, CITY ATTORNEY-
- Said if there are issues with funding, then the city would have go back to the County to try and acquire additional funding to cover the excess cost of the project.
MAYOR PRO TEM NOBLE –
- Asked what would happen if the city misses the deadline and is unable to meet its obligations? And also asked staff to provide an estimate of how long the project will take to complete.
DOMINGO GONZALEZ, ENGINEERING SERVICES ADMINISTRATOR –
- Said the project could potentially start in July 2024 and completed by September of that same year, however, further discussion with the County may be required to extend the deadline.
COUNCILMEMBER ROSE –
- Asked if the county has alluded to replace funding for the landscaping.
DOMINGO GONZALEZ, ENGINEERING SERVICES ADMINISTRATOR –
- Said there has been no discussion regarding the landscaping replacement.
SPEAKERS
MARK FRANEY, BARSTOW, CALIFORNIA
- Is with the Special District and would like to take a moment to thank the staff for their hard work and added that the cemetery is working on a desert landscape.
ET SNELL, NEWBERRY SPRINGS
- Asked who owns the cemetery and asked why we would not keep the money and use it for something in the city.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
6. APPROVAL OF UPDATED FY2023/2024 CAPITAL IMPROVEMENT PROGRAM BUDGET Recommended Action:
Staff recommends that the City Council take the following actions:
1. Adopt the updated FY 2023/2024 CIP Budget and appropriate the funding, including the associated revenue and expenditure transfers, as identified in Attachment A.
COUNCILMEMBER ROSE –
- Asked what happened to the funds that were allocated to repair the sidewalks.
Minutes-November 20, 2023
WILLIE A. HOPKINS JR., CITY MANAGER
- Said that those funds are allocated under street maintenance budget.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked about the $300,000 dollars that were set aside to repair the sidewalks, and wanted to know when that project would be starting.
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 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
EUGUENE BUTTICI, BARSTOW, CALIFORNIA
- Would like to invite all out to the Harvey House Christmas and there will be an upcoming Ribbon Cutting for Freddy's Burgers.
KAMBIZ MORIDI, PROPERTY OWNER
- Asked why nothing has been done about the harassment complaints against Council Members and a handful of people are upset with the council and encourages other to get in the race to run.
TIM SILVA, BARSTOW, CALIFORNIA
- Said the Chemehuevi mentioned in comments about the 100 acres would not be would not be part of the Tribal Fee To Trust but in reading the MOU, In section 1 it reads, land to be taken into trust not to exceed 100 acres and the uses are to be limited, and is asking for Council to review the MOU and make sure to strike out items that take tax payers money away.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Said at the last meeting it was mentioned that the Marriott would be brought back for discussion and just wants to ensure it does come back, and that Matthew screwed up and asked for the council to vote to get rid of him and save the city 2.4 Million.
BRIAN ZANE, BARSTOW, CALIFORNIA
- Mentioned that our computer equipment may be malfunctioning, as the meeting kept buffering, additionally, encouraged council members to visit their districts and speak to residents about their concerns, one particular issue MR. ZANE raised was the distance between the handicap parking ramp and the entrance.
ET SNELL, NEWBERY SPRINGS, CALIFORNIA
- Said the city should build a mansion WITH THE $400,000 and use the money for landscaping at the cemetery and wants to get 3 votes to bring back on the agenda the Marriott and we Minutes-November 20, 2023
should not give BNSF a blank check and wants to know how many pieces of cargo will be coming out of BNSF.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Said Conference president for football and cheer program won some championship this past weekend, and asked about the letter and information about a sexual harassment and he knows the Mayor had something to do with it and the letter is just an attack on Council Members.
JIM BROWN, BARSTOW, CALIFORNIA
- Said Tex told him to apologize for the comment he made at the October 16TH meeting about placing the City Manager on admin leave and now Code Enforcement is attacking him.
STAFF REPORTS:
7. CITY MANAGER'S OCTOBER 2023 UPDATE
Recommended Action:
Receive and file.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Asked if there will be a public briefing for the Brotherhood Crusade.
COUNCIL COMMITTEE REPORTS:
COUNCILMEMBER ROSE
- Rules and Policy meeting is scheduled for November 28th. - Homeward Bound Committee met on November 8th and discussed still keeping the Homeless Coordinator position on the agenda to see if we can get some funding for the position and added that the city will no longer be hosting the Desert Regional Committee meeting but that this month we are collecting coats, dry dog and cat food. - CDBG applications are being accepted thru December 11, 2023.
MAYOR PRO TEM NOBLE
- Attended the Military Affairs meeting November 14th at Los Domingo’s. - Attended the job fair at Cora Harper and there were many in attendance. - Attended the memorial service at the cemetery on November 11th. - Hosted the VVTA meeting today in Barstow and they celebrated 30 years of transit services and also approved grant funding to purchase 11 fuel cell buses, and thanked them for their continued service to provide transportation for multiple events.
COUNCILMEMBER KRUSE
- November 9th attended the SB County Transit Metro meeting and they approved 9 different amendments to existing projects.
- November 14th attended SCAG meeting in Apple Valley anticipate by 2035, there will be a loss of 93 billion loss of gas tax revenue.
- November 14th also attended the Kosmont workshop here at City Hall on how to find financing for future infrastructure.
- November 16th did a Zoom meeting with the JPA and they are looking at recycling windshields and laminated glass.
COUNCILMEMBER HERNANDEZ
- November 8th also attended the Homeward Bound Meeting. - November 11th attended the ceremony at the Cemetery.
- November 14th attended the presentation of the dedication sign for Veteran Mike Vargas. - November 14th also attended the SCAG meeting in Apple Valley. - November 17th attended SBCTA meeting and the bridge is at 50% complete Minutes-November 20, 2023
- There is a survey for alternative routes to I-15 and will bring back the information once it’s been completed.
MAYOR COURTNEY
- November 14th attended SCAG meeting in Apple Valley
- November 14th also attended the Kosmont workshop
- Also attended the VVTA meeting today 30th anniversary. - November 11th attended the ceremony at the Cemetery.
- November 14th attended the presentation of the dedication sign for Veteran Mike Vargas.
BUSINESS OF THE COUNCIL:
COUNCILMEMBER ROSE
- Would like to invite the Varsity Youth Football to be recognized for their championship.
MAYOR COURTNEY second the request.
- Attended Veterans Day Ceremony.
- Is looking forward to the Winter Festival on December 9TH. - Would like to extend her deepest condolence to the Espinoza family, the family of Rudy Perez, and Phillip Maze.
-
- Said the Marriott will come back when it’s ready.
- And asked for the Chemehuevi MOU to be reviewed.
COUNCILMEMBER HERNANDEZ SECOND and requested that all Council members get a copy of the MOU.
- And would like to wish all a Happy Thanksgiving and glad to spend some time with her family.
MAYOR PRO TEM NOBLE
- Asked the City Manager to look into the issues with Chanel 6 - Would also like to congratulate the Football Team.
- Will be out at the Harvey House on December 1st for the tree lighting ceremony. - Would like to wish all a Happy Thanksgiving from the Noble Family.
COUNCILMEMBER KRUSE
- Would like extend her deepest condolence to the Espinoza family and other city employees that have lost family members.
- And would like to wish all a Happy Thanksgiving.
COUNCILMEMBER HERNANDEZ
- Also extended her condolences and said there is a difference in the park - Wanted to thank Mr. Williams for all he does for the youth. - Pickle Ball group would like to host a tournament here in Barstow and asked staff to contact the group.
- Reminded all that we did have Measure Q and the information is open to the public. - Also asked how many Code Enforcements officers we have and are they being effective and would like to get an update at the next meeting.
- And thanked all the individual that do so much for the community and wished all a Happy Thanksgiving.
MAYOR COURTNEY –
- Said Happy Holidays to all.
Minutes-November 20, 2023
ADJOURNMENT:
By the consensus of the City Council and without objection, to adjourn the meeting was adjourned at 8:42 P.M. in memory of our colleague and friend, retired Barstow Police Sgt. Andrew Espinoza Sr. and retired Barstow Police Corporal Rudy Perez.
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