REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JANUARY 16, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
REGULAR MEETING
Minutes-January 16, 2024
CALL TO ORDER - CLOSED SESSION:
MAYOR PRO TEM NOBLE called the closed session meeting to order at 6:02 PM.
PLEDGE OF ALLEGIANCE:
MAYOR PRO TEM NOBLE 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 6:03 P.M.
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-January 16, 2024
SPEAKERS -
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Heard the City Manager moved on and what is the procedure.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Also heard the City Manager gave his notice in writing and wants to remind the Council there is an ACM and to move him up as the Chief has many things already on his plate.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Courtney, Mayor
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
CLOSED SESSION AGENDA ITEMS:
1. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: City Manager
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- Stated the City Council met in Closed Session to consider the status of the City Manager position.
Said City Manager Mr. Hopkins has resigned his position effective today January 16, 2024 and a copy of his resignation letter is available with the City Clerk’s office and that the Council has unanimously voted to appoint Andrew Espinoza Jr. as the Acting City Manager and will bring forward a future agenda item for an Interim City Manager contract pending a permanent appointment of a City Manager.
INVOCATION:
PASTOR LILY COOPER with IN HIS PRESENCE INTERNATIONAL OUTREACH gave the 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 7:03 P.M.
PLEDGE OF ALLEGIANCE:
MAYOR PRO TEM NOBLE led in the pledge of allegiance.
Minutes-January 16, 2024
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. 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, Second by COUNCIL MEMBER HERNANDEZ.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
PRESENTATIONS:
None
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.
2. COMMUNITY PROMOTIONAL FUND APPLICATION FROM THE ASSOCIATION OF THE
UNITED STATES ARMY (AUSA), HIGH DESERT CHAPTER AND BARSTOW CHAMBER OF
COMMERCE
Minutes-January 16, 2024
Recommended Action:
Approve community promotional fund donation in the amount of $2,000 for waiver of fees for use of the Cora Harper Center.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
MINUTES ALL AGENCIES:
ACCOUNTS PAYABLE ALL AGENCIES:
3. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #93637-94105 totaling $5,391,052.63 and wires #913-918 totaling $263,630.91, per the Agency breakdown below:
City: $5,464,268.05
Fire: $190,415.49
Successor Agency: $0.00
Grand Total: $5,654,683.54
SPEAKERS -
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asking about check 93989 PERMA trust account and wants to know what that money covers and said it went up and would also like to know the process on getting answers to questions that are asked.
COUNCIL MEMBER ROSE
- Asked about check #8624 on page 8 and would like to ask why all the charges are for meals being charged to a Cal Card.
ANDREW ESPINOZA JR., ACTING CITY MANAGER
- Said staff will gather information and pass it along to Council.
MATHEW SUMMERS, CITY ATTORNEY
- Said cost of PERMA have gone up and staff will provide details of the cost.
COUNCIL MEMBER ROSE
- Asked if the new Finance Director could attend so that she may answer any questions that come up.
COUNCIL MEMBER DYER-KRUSE
- Abstained from Checks #93817 and #93995
COUNCIL MEMBER HERNANDEZ
- Said the normal process was to have the Finance Director present to answer questions that come up.
Minutes-January 16, 2024
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 THE CONSENT CALENDAR BY THE COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME).
PUBLIC HEARINGS:
NONE
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
4. APPROVAL OF AMENDMENT (SIDE LETTER) TO THE MEMORANDUM OF UNDERSTANDING (MOU) WITH TEAMSTERS LOCAL 1932 - UNIT 2
Recommended Action:
Staff recommends that the City Council take the following action:
1. Approve the Amendment to the 2022-2025 Memorandum of Understanding (side letter) between the City of Barstow and Teamsters Local 1932 – Unit 2 pertaining to Peace Officers Standards and Training (POST) Public Safety Dispatcher certification.
KODY TOMPKINS, ASSISTANT CITY MANAGER
- Presented the report as filed with the City Clerk’s office.
MAYOR PRO TEM NOBLE
- Asked how many employees are affected by this miss.
KODY TOMPKINS, ASSISTANT CITY MANAGER
- Said the number of affected employees is approximately three.
COUNCIL MEMBER KRUSE
- Said she read on page 62 it reads there is no retro pay in delay of filing.
KODY TOMPKINS, ASSISTAN CITY MANAGER
- Said it is the employee's responsibility to submit the required certification to the HR department.
COUNCIL MEMBER ROSE
- Asked if the affected employees were still employed by the city.
KODY TOMPKINS, ASSISTANT CITY MANAGER
- Said two are still employed and one employee has retired and will receive the correction to their pay.
Minutes-January 16, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Carmen Hernandez, 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 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 HOUR NOTICE MUST BE GIVEN TO THE CITY CLERK.
SPEAKERS -
EUGUENE BUTTUCCI, BARSTOW, CALIFORNIA
- Said there is a major project opening in the next few weeks and wants to thank city staff for their quick turnaround time.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Said he called Mojave Air Quality and reported the smell of cannabis out in Lenwood and wants to know what the city is doing about it, and wants to Congratulate Chief and why was it not placed on an agenda and would like to know how the Chief is going to take care of the 3 departments and asked if the questions are going to be answered.
JOHN HILL, BARSTOW, CALIFORNIA
- Stated he had lead poisoning and he thinks we should all come together along with the city to save the bridge.
TIM SILVA, BARSTOW, CALIFORNIA
- Wished good luck with hiring a new City Manager, said he tried to go our website and open the minutes from a previous meeting, but was unable to open the file.
JASON LOWE, BARSTOW, CALIFORNIA
- Addressed the city in regards to a proposal he received from the Mayor and thought it would be good thing for the community to find out the exploitation that is going on and he refused to sign it because the Mayor made it look real nice but the Mayor was trying to make him pay $25k for helping him establish his business.
ROLAND ULLOA, BARSTOW, CALIFORNIA
- Spoke of an event that will occur on April 6th the 19th Annual New Mexico Chili Cook off and it is an event that could be bigger if more funding was available and would like to know if the guidelines are in place for distribution of the Cannabis fund and would also like to see the guidelines of the Community Promotional Fund.
JIM BROWN, BARSTOW, CALIFORNIA
- Said that both Fire and Police Chiefs comments need to come back and everything needs to start new and right for Barstow.
VIRGINIA BROWN, BARSTOW, CALIFORNIA
- Was asked to address comments to Council directly and is not thrilled about the the decision to make the Chief the Acting City Manager and wants to say that it does not change how she feels about things that have happen.
Minutes-January 16, 2024
KAMBIZ MORIDI, PROPERTY OWNER
- Said he hopes that the City promotes within the City Manager’s position, said there are many capable people and asked the City Attorney if there is a harassment case with Council members, he is not accusing but would like to know if there are any open cases.
ELIZABETH GIVENS, BARSTOW, CALIFORNIA
- Was surprised to hear Mr. Hopkins left and wants him to know Barstow loves and appreciated him.
Also expressed concerns with COUNCIL MEMBER ROSE.
MIKE CARSON, BARSTOW, CALIFORNIA
- Thanked Barbara Rose for 2023 and thought a vote of no confidence was in place for 2024.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Said the Chief will be a good City Manager and will do a good job and thought Kody would do a good job also, said on December 20th he spoke with Mr. Hopkins and was told that the Mayor gave him a letter and determined that it was a female to male harassment.
STAFF REPORTS:
None
COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Homeward Bound was cancelled.
- Rules and Policy next meeting will be January 31st at 9am.
MAYOR PRO TEM NOBLE
- Military Affairs was held January 9th.
- 16th of February, looking for volunteers to help set up for Taste of Bayou - Fort Irwin doing Box Tours 29th of March.
- There was a VVTA meeting today and Barstow is getting grant money for a project at the Barstow yard and he was elected as the Chairman of the committee.
COUNCIL MEMBER KRUSE
- Said she attended the SBCTA on January 3rd all items were approved, but the most important was COG was presenting an increase in funding and requested a workshop and she will be reaching out to COG to set up a workshop.
COUNCIL MEMBER HERNANDEZ
- Has a Mojave Water Air Quality on January 22nd.
BUSINESS OF THE COUNCIL:
COUNCIL MEMBER ROSE -
- Asked Matthew about the Marriott and asked what is the plan to bring that back.
CITY ATTORNEY, MATTHEW SUMMER
- Said it will be back with in the next 2 months.
COUNCIL MEMBER ROSE
- Asked about the Promotional Fund and if the process is in place and would like an update or if it’s available.
MAYOR COURTNEY second that request.
Minutes-January 16, 2024
COUNCIL MEMBER ROSE
- Said she also would like the Chiefs to be present and thanked ANDREW ESPINOSA JR. for stepping up and feels he will do what is needed to move the city forward.
MAYOR PRO TEM NOBLE
- Echo on the Promotional Fund and we would like it addressed sooner than later - And also would like an update on the Mojave Air Quality complaint - And would like to have all the department heads at the meetings. - Thanked Chief for stepping up and thinks he will continue to move the city forward.
COUNCIL MEMBER KRUSE
- Also agrees that we should have the Finance Director present to help answer questions - Would like to congratulate Chief Espinoza and both he and ACM will work well together and complement each other to get thru the next months
- And apologized for missing the last meeting as she was ill. - Hopes this coming year they can all work together to secure the future of the community for all the big things coming.
COUNCIL MEMBER HERNANDEZ
- Echoed what all members said.
- Would like an update on the Community Benefits Fund.
- And also an update on the Animal Shelter
- Also read the information on the smell of cannabis in Lenwood. - Read a letter from Dough Settle in regards to meetings on the web page.
MAYOUR COURTNEY
- Said Mr. Hopkins, City Manager will be missed and thanked the Chief for stepping up and knows he and ACM will make a good team in moving the city forward.
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 08:14 PM.
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