BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
FEBRUARY 5, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-February 5, 2024
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the meeting to order at 6:00 P.M.
INVOCATION:
The invocation was led by MAYOR PRO TEM NOBLE.
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER DYER 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 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.
Minutes-February 5, 2024
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.
SPEAKERS -
MIKE HERNANDEZ, BARSTOW CALIFORNIA
- Spoke about holding individuals accountable for litigation.
JOHN WILLIAMS, BARSTOW CALIFORNIA
- Expressed his concerns on existing litigation.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Councilmember
SECONDER: James M. Noble, Mayor Pro Tem
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: 4
2. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: City Manager
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider four items, three regarding anticipated litigation.
Direction was provided to the Council and staff and no reportable action was taken. - The fourth item related to Public Employment related to the title Interim City Manager. Council made final edits for a proposed employment agreement and the item is scheduled for approval on tonight’s agenda.
Minutes-February 5, 2024
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 7:04 P.M.
INVOCATION:
DAVE SAMPLES with HIGH DESERT WORD CENTER let in the invocation.
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER DYER 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
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Councilmember
SECONDER: Carmen Hernandez, Councilmember
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 ON AL LMATTERS OON 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 Minutes-February 5, 2024
ADDRESSED. IF SPECIAL ADDOMMODATIONS ARE REQUIRED, 48 HOUR NOTICE MUST BE GIVEN TO THE CITY CLERK.
MINUTES ALL AGENCIES:
3. MINUTES REGULAR MEETING - DECEMBER 18, 2023, AT 7:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
4. MINUTES REGULAR MEETING - JANUARY 16, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
ACCOUNTS PAYABLE ALL AGENCIES:
5. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #94106-94394 totaling $3,541,227.35 and wires #919-924 totaling $204,883.85, per the Agency breakdown below:
City: $3,526,565.04
Fire: $219,546.16
Successor Agency: $0.00
Grand Total: $3,746,111.20
SPEAKERS –
JOHN WILLIAMS, BARSTOW CA
- Asked about insurance costs and payment of claims against the city.
MAYOR COURTNEY abstained from check numbers 94265 and 94271.
COUNCIL MEMBER DYER KRUSE abstained from check numbers 94207, 94252 and 94269.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
CITY COUNCIL:
Minutes-February 5, 2024
6. APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE CMC INSTITUTE, FEBRUARY 20 - 23, 2024, IN SAN MARCOS, CA
Recommended Action:
Approve travel for City Clerk Andrea Flores to attend the CMC Institute, February 20 - 23, 2024, in San Marcos, CA.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
7. COMMUNITY PROMOTIONAL FUND APPLICATION FROM ON THE RISE, INC. - CALEB'S
COLOR RUN
Recommended Action:
Approve Community Promotional Fund donation in the amount of $2,000 for waiver of fees for use of the Robert A. Sessions Memorial Sports Park.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
8. AWARD OF MEASURE Q YOUTH SPORTS COMMUNITY PROMOTIONAL FUNDS FOR FISCAL YEAR 2023-2024 FOR THE MONTHLY FARMERS
Recommended Action:
Approve Community Promotional Fund donation and provide staff a total of fee waivers to be charged to Measure Q account 102.150.542.07.755.
SPEAKERS –
MIKE HERNANDEZ, BARSTOW CALIFORNIA
- Asked about appropriations to account.
LEONARD WILLIAMS, BARSTOW CALIFORNIA
- Requested items to be removed from his application to lower the cost of the Farmer's Market.
It was the consensus of the Council to approve the Community Promotional Fund application for the amount of $2493 as noted on the application.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
9. FINAL ACCEPTANCE FOR THE DIGESTER REHAB PROJECT, PROJECT WW-21-002 Recommended Action:
Staff recommends the City Council to take the following actions:
1. Approve the Acceptance of Project WW-21-002, Aerobic Digester Rehab Project Minutes-February 5, 2024
2. Authorize staff to file a Notice of Completion
SPEAKERS –
MIKE HERNANDEZ, BARSTOW CALIFORNIA
- Asked how funding was being used for this item.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
DISCUSSION / ACTION ON DEFERRED ITEMS:
PUBLIC HEARINGS:
10. FY2024/25 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATION FOR
PROJECTS
Recommended Action:
Staff recommends the City Council take the following actions:
1. Per CDBG policy, City Council selects construction project(s) and amounts to be awarded (Maximum of 2 projects).
2. Per CDBG Policy, City Council selects public service project(s) and amounts to be awarded (Maximum of five (5) projects).
3. Authorize the City Manager to execute all necessary forms.
4. Direct staff to submit the City Council's project recommendations to San Bernardino County for consideration by the San Bernardino County Board of Supervisors.
MAYOR COURTNEY AND MAYOR PRO TEM NOBLE BOTH RECUSED FROM THE PUBLIC HEARING AT 7:21 P.M. .
CITY CLERK SERVICES MANANGER, MARIBEL HERNANDEZ
- Presented the report as filed with the City Clerk’s office.
EUGUENE BUTICCI
- Spoke on behalf of Desert Manna
PASTOR WILLIE SMITH
- Spoke on behalf of High Desert Care Package
PEGGI FRIES
- Spoke on behalf of Desert Sanctuary
ANTANICE NOBLE
- Spoke on behalf of Noble Strong
ELIZABETH GIVENS
- Spoke on behalf of GoGo Transitional Services
PASTOR CARPENTER and NICHOLAS HARRIS
- Spoke on behalf of ROK
EDDY SEAHAFER
- Spoke on behalf of New Hope Village
Minutes-February 5, 2024
COUNCILMEMBER DYER KRUSE OPENED THE PUBLIC HEARING AT 7:50 P.M.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Said many organizations are helping in Barstow.
DARRIN FINKSTAD
- Would like to see more funding be available to the city.
COUNCILMEMBER DYER KRUSE CLOSED THE PUBLIC HEARING AT 7:54 P.M.
Councilmembers provided their comments and recommendations on how to award CDBG funding.
MOTION BY COUNCILMEMBER ROSE, SECONDED BY COUNCILMEMBER HERNANDEZ AND CARRIED BY A 3-0 VOTE (MAYOR COURTNEY AND MAYOR PRO TEM NOBLE ABSTAINED) TO AWARD THE PUBLIC SERVICES PROGRAMS AS FOLLOWS:
High Desert Care Package on Wheels $ 7,720
Case Management Services - Desert Sanctuary $ 7,720
Noble Strong Youth Project $ 7,720
New Hope Village - Housing & Services $ 7,720
Reaching Our Kids - R.O.K. - Youth Education Services $ 7,720 RESULT: APPROVED [3 TO 0]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Kruse, Rose, Hernandez
ABSTAIN: Noble, Courtney
MOTION BY COUNCILMEMBER HERNANDEZ, SECONDED BY COUNCILMEMBER ROSE AND CARRIED BY A 3-0 VOTE (MAYOR COURTNEY AND MAYOR PRO TEM NOBLE ABSTAINED) TO AWARD THE CONSTRUCTION PROJECTS AS FOLLOWS:
Cora Harper Fitness Center HVAC Replacement Project $ 218,743 RESULT: APPROVED [3 TO 0]
MOVER: Carmen Hernandez, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Kruse, Rose, Hernandez
ABSTAIN: Noble, Courtney
MAYOR COURTNEY AND MAYOR PRO TEM NOBLE RETURNED TO THE MEETING AT 8:18 P.M.
Minutes-February 5, 2024
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
11. AWARD OF CONTRACT FOR MOJAVE RIVER VALLEY MUSEUM ROOFING PROJECT Recommended Action:
1. City Staff recommends that the City Council award the contract to Red Castle Inc. for the Mojave River Valley Museum Roofing Project.
2. Approve an overall CDBG funded budget of $171,600
BUILDING OFFICIAL/FIRE MARSHAL, CHRIS HELDRETH
- Presented the report as filed with the city clerk's office.
Council members provided their comments and it was the consensus of the Council to continue the item to the next meeting and verify if there is a time limit on using CDBG funds.
SPEAKERS:
MIKE HERNANDEZ, BARSTOW CALIFORNIA
- Asked if project was properly placed out to bid.
RESULT: CONTINUED [UNANIMOUS] Next: 2/20/2024 5:30 PM
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
12. SURPLUS LAND ACT DESIGNATION: APNS: 0182-302-01-0000, 0424-241-44-0000, 0421- 181-08-0000, 0428-181-50-0000, 0428-181-51-0000, 0428-181-52-0000, 0428-181-53-0000, 0428-181-54-0000, 0428-181-47-0000, 0182-281-02-0000, 0518-231-33-0000, 0497-131-73- 0000, 0182-282-06-0000, 0182-301-11-0000
Recommended Action:
Approve Resolution 5152-2024 and that the City Council declare the listed properties surplus and direct the City Manager to send a written Notice of Availability of surplus land to HCD and conduct all other required activities to declare the land surplus.
MAYOR COURTNEY RECUSED FROM THE MEETING AT 8:38 P.M.
ASSISTANT CITY MANAGER, KODY TOMPKINS
- Presented the report as filed with the city clerk's office.
Discussion ensued and Councilwomen Hernandez asked questions and addressed her concerns Staff responded to questions asked of Councilwoman Hernandez and gave clarification.
SPEAKERS:
MIKE HERNANDEZ, BARSTOW CALIFORNIA
- Expressed his concerns on failed projects.
MAYOR COURTNEY RETURNED TO THE MEETING AT 8:57 P.M.
Minutes-February 5, 2024
RESULT: APPROVED [4 TO 0]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSTAIN: Courtney
13. AWARD A CONTRACT FOR PROJECT 2021-05 GENERATOR REPLACEMENT AT THE FIRE DISTRICT'S STATION 363
Recommended Action:
Staff Recommends that the City Council take the following actions:
1. Approve the change order to complete the project to Delta Electric, LLC.
2. Approve and appropriate a change order in the amount of $8,200 and an overall project budget of $81,640.00.
BUILDING OFFICIAL/FIRE MARSHAL, CHRIS HELDRETH
- Presented the report as filed with the city clerk's office.
SPEAKERS:
MIKE HERNANDEZ, BARSTOW CALIFORNIA
- Asked where the funding would be coming from for this project.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
14. PUBLIC EMPLOYEE APPOINTMENT - ACTING CITY MANAGER APPROVAL OF RESOLUTION OF APPOINTMENT OF ANDREW ESPINOZA, JR. AS INTERIM CITY
MANAGER AND PUBLIC SAFETY DIRECTOR/CHIEF OF POLICE, FIRE PROTECTION
DISTRICT INTERIM ADMINISTRATOR, AND SUCCESSOR AGENCY INTERIM EXECUTIVE
DIRECTOR AND APPROVAL OF AT-WILL EMPLOYMENT AGREEMENT
Recommended Action:
Adopt resolution 5149-2024 appointing Mr. Espinoza as Interim City Manager and Public Safety Director/Chief of Police, Fire Protection District Interim Administrator, and Successor Agency Interim Executive Director, and direct the Mayor to sign the proposed At-Will Employment Agreement.
CITY ATTORNEY, MATTHEW SUMMERS
- Presented the report as filed with the city clerk's office and addressed the final edits to the employment agreement.
SPEAKERS:
VIRGINIA BROWN BARSTOW, CALIFORNIA
- Asked about SB1100 and the process.
TED WEASMA, BARSTOW, CALIFORNIA
- Commented on Mr. Espinoza's salary.
MIKE HERNANDEZ BARSTOW, CALIFORNIA
- Would like some clarification on the duties and if there will be a 6 month evaluation.
Minutes-February 5, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Paul Anthony Courtney, Mayor
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 JURSIDICTION. 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:
TED WEASMA, BARSTOW CALIFORNIA
- Expressed his concerns with graffiti on city streets.
DARRIN FINKSTAD, BARSTOW, CALIFORNIA
- Addressed minutes he read for an ICH meeting and comments made by a member of the Council.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Expressed concerns about the Mayor’s bathrooms, and parking lot requirements and tearing up a citation and the submitted letter of harassment.
VIRGINIA BROWN, BARSTOW, CALIFORNIA
- Was not in agreement with the latest staff appointment.
MIKE HERNANDEZ BARSTOW CALIFORNIA
- Asked that staff look into Channel 6, as it is not working properly and also expressed his concerns with the time frame residents are given to comply with Code Enforcement citations.
COUNCILMEMBER DYER KRUSE LEFT THE MEETING AT 9:20 P.M.
STAFF REPORTS:
FINANCE DIRECTOR, SYDNIE HARRIS
- Gave an explanation on how insurance premiums are calculated.
CITY MANAGER UPDATES:
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Answered questions that were asked of residents.
PUBLIC SAFETY UPDATES:
BATTALION CHIEF, TRAVIS ESPINOZA
- Gave an update on recent Firefighter training at the Fire Stations.
COUNCIL COMMITTEE REPORTS:
Councilmembers reported on various community events and meetings they attended.
COUNCILMEMBER ROSE
- Rules and Policy reviewed the Elected Vehicle use policy.
Minutes-February 5, 2024
MAYOR PRO TEM NOBLE
- Nothing to report at this time.
COUNCILMEMBER HERNANDEZ
- Mojave Air Quality Meeting
- Desert Mountain Region Meeting
MAYOR COURTNEY
- Nothing to report at this time.
BUSINESS OF THE COUNCIL:
COUNCILWOMEN ROSE
- Glad to see that the goal-setting meeting is happening and is happy to participate in the League of CA cities training in April and would like staff to look into Channel 6 issues, and ask about the process for obtaining a business license in the city.
MAYOR PRO TEM NOBLE
- Asked staff to look into the concerns on graffiti and Code Citations addressed by the residents and thanked staff for being present.
COUNCILWOMEN HERNANDEZ
- Thanked staff for the follow-up on the cannabis and provided information on free training offered at the College. MAYOR COURTNEY
- Hosted the Desert Mountain Division League of CA Cities at the Harvey House and had a great turn out and next upcoming meeting in March will be held in Adelanto.
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 10:11 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