REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
FEBRUARY 20, 2024
5:30 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
REGULAR MEETING
Minutes-February 20, 2024
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the meeting to order at 5:30 P.M.
INVOCATION:
MAYOR PRO TEM 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 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 20, 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
None
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Councilmember
SECONDER: Carmen Hernandez, Councilmember
AYES: Noble, Kruse, Rose, Courtney, Hernandez
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
2. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: Fire Chief
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
1. The City Council met in Closed Session to consider one item, regarding initiation of litigation.
Direction was provided to the Council and staff and no reportable action was taken.
2. One item related to Public Employment related to the title Fire Chief. Direction was provided to Council and staff and no reportable action was taken.
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 Regular Meeting to order at 7:07 P.M.
INVOCATION:
RON BEARDSHEAR, from New Life Fellowship, gave the invocation.
PLEDGE OF ALLEGIANCE:
MAYOR PRO TEM NOBLE led the pledge of allegiance.
Minutes-February 20, 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, 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:
3. COMPREHENSIVE GENERAL PLAN UPDATE STATUS REPORT - INTRODUCTION TO
PRELIMINARY LAND USE ELEMENT CHANGES
Recommended Action:
Presentation only.
MARK TEAGUE with PLACEWORKS gave a presentation on the General Plan draft update.
Council Members encouraged the community to attend and participate.
Presentation only.
Minutes-February 20, 2024
SPEAKERS:
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Shared his concerns with residential rezoning and how the plan was being funded.
RESULT: PRESENTATION ONLY
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.
CITY COUNCIL:
4. AMENDMENT TO FY 2023/2024 PUBLICLY AVAILABLE PAY SCHEDULE (PAPS) Recommended Action:
Staff recommends that the City Council adopt Resolution No 5149-2024, approving the amended publicly available pay schedule (PAPS) (Attachment A) for FY 2023/2024 with an approval date of February 20, 2024.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
DISCUSSION / ACTION ON DEFERRED ITEMS: 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:
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
5. CITY OF BARSTOW ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2023.
Recommended Action:
Staff recommends the City Council take the following action:
1. Receive and file the City of Barstow's Annual Comprehensive Financial Report for the year ended June 30, 2023.
JAIME LAMBERT, from LSL Group explained the reports as filed with the City Clerk.
Receive and File.
Minutes-February 20, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
6. BARSTOW FIRE PROTECTION DISTRICT BASIC FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2023
Recommended Action:
Staff recommends the following action:
1. Receive and file the Barstow Fire Protection District's Basic Financial Statements for the year ended June 30, 2023.
JAIME LAMBERT, from LSL Group explained the reports as filed with the City Clerk's Office.
Receive and File.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
7. ODESSA WATER DISTRICT BASIC FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2023
Recommended Action:
Staff recommends the following action:
1. Receive and file the Odessa Water District’s Basic Financial Statements for the year ended June 30, 2023.
JAIME LAMBERT, from LSL Group, explained the reports as filed with the City Clerk's Office.
SPEAKERS:
MIKE HERNANDEZ, BARSTOW CALIFORNIA
- Inquired about the loss of revenue.
TIM SILVA, BARSTOW CALIFORNIA
- Was thankful for the presentation.
Motion by MAYOR COURTNEY, seconded by COUNCIL MEMBER DYER KRUSE to accept ITEMS 5 -7 as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
8. FISCAL YEAR 2023-24 MID-YEAR BUDGET STATUS REPORT & PROPOSED BUDGET
ADJUSTMENTS
Recommended Action:
Minutes-February 20, 2024
Staff recommends that the City Council / Fire Board approve the budget adjustments and related transfers within the Budget Adjustments contained within the "Exhibit A” as discussed herein.
FINANCE DIRECTOR, SYDNEY HARRIS presented the staff report as filled with the City Clerk.
COUNCIL MEMBERS thanked staff for the presentation.
SPEAKERS:
TED WEASMA, BARSTOW, CALIFORNIA
- Inquired about the funding for Animal Services and HVAC for Senior Center
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked for revenue balance of Measure Q account and IGSA contracts.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
9. AWARD OF MEASURE Q YOUTH COMMUNITY PROMOTIONAL FUNDS FOR FISCAL YEAR 2023-2024
Recommended Action:
Authorize the allocation of $17,389 from the Measure Q Fund towards providing in-kind donations and $53,415 in fee waivers to the youth sports organizations listed on Exhibit A as attached.
Authorize a one-time reimbursement to the qualified applicants for paid field usage before the applications are approved.
RECREATION ACTIVITY COORDINATOR, JOSIE BAKER presented the report as filed with the City Clerk’s office.
SPEAKERS:
ROB JOHNSON, BARSTOW CALIFORNIA
- Spoke of his involvement with Little League.
RHEBA SAVOIE, BARSTOW, CALIFORNIA
- Spoke of fees she has been paying for youth sports and use of parks.
REBECCA RODRIGUEZ, BARSTOW, CALIFORNIA
- Spoke of her concerns with Park and Recreation department.
JUN SAVOIE, BARSTOW, CALIFORNIA
- Spoke of his concerns with the current funding of Measure Q.
DOLORES PADILLA, BARSTOW, CALIFORNIA
- Thanked staff for their support and all local businesses for funding Little League.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Expressed his concerns with the ongoing problems with Youth Sports.
TEX WILLIAMS, BARSTOW, CALIFORNIA
- Asked staff to fix the appropriations for Youth Sports.
Minutes-February 20, 2024
Motioned by COUNCIL MEMBER ROSE, seconded by MAYOR COURTNEY, to conduct a broader discussion of Measure Q Funding at the next Special Meeting being held on February 27, 2024
After a lengthy discussion, it was the consensus of the City Council to award all 6 applicants the amounts as stated in the Staff reports to come into full compliance within 6 months and a Measure Q appropriation adjustment .
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
10. 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 staff report as filed with the City Clerk.
SPEAKERS:
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Thanked staff for moving the project forward.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
11. APPROVAL FOR COUNCIL MEMBER BARBARA ROSE TO TRAVEL TO THE CITY
LEADERS SUMMIT IN SACRAMENTO, CA
Recommended Action:
Approve travel for Council Member Barbara Rose to attend the League of California Cities annual City Leaders Summit scheduled for April 17 - 19, 2024
INTERIM CITY MANAGER ANDREW ESPINOZA JR., presented the staff report as filed with the City Clerk.
SPEAKERS:
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Inquired about who could attend the training.
Minutes-February 20, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Courtney, Hernandez
ABSTAIN: Barbara Mae Rose, Council Member
12. ADOPTION OF AMENDMENTS TO CITY COUNCIL POLICY MEMORANDUM #2021-17, USE
AND OPERATION OF CITY VEHICLES BY ELECTED OFFICIALS
Recommended Action:
That the City Council adopt amendments to City Council Policy Memorandum #2021-17, Use and Operation of City Vehicles by Elected Officials.
ASSISTANT CITY MANAGER, KODY TOMPKINS, presented the staff report as filed with the City Clerk.
COUNCIL MEMBER ROSE, requested the policy be updated and strikeout “Passengers, including family members, are allowed only if they are accompanying the Elected Official when the Elected Official must be away on extended overnight City business. This will require advance approval of the City Manager on a case-by-case basis.
CITY ATTORNEY, MATTHEW SUMMERS concurs with the recommendation.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
GENERAL, NON-AGENDA PUBLIC COMMENT:
CATHY WILLIAMS, BARSTOW, CALIFORNIA
- Spoke about upcoming events in the community.
DALE JENSEN, BARSTOW, CALIFORNIA
- Asked the city to look into improvements to Dana Park.
VICTOR KEATON, BARSTOW, CALIFORNIA
- Shared his interest for Pickle Ball and addressed Measure Q funding for building improvements.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Expressed concerns with the TUP application process an upcoming Public Hearing Notice.
CHARLIE WASHINGTON, BARSTOW, CALIFORNIA
- Spoke of the ongoing Code Enforcement issues with his business.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Spoke of the Public Hearing notice in the paper regarding the Marriott.
GILBERT ASA, BARSTOW, CALIFORNIA
- Expressed is concerns with the Council actions.
Minutes-February 20, 2024
JASON LOWE, BARSTOW, CALIFORNIA
- Was not in agreement with comments made at a previous meeting.
Mr. Lowe was interrupted during his three minutes.
It was the consensus of the Council to allow Mr. Lowe two minutes to continue his public comments.
JASON LOWE, BARSTOW, CALIFORNIA
- Continued, the discussion with not in agreement with comments made of him.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asked about permitted signs.
DOLORES PADILLA, BARSTOW, CALIFORNIA
- Inquired about the Measure Q meetings.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Thanked Interim City Manager for what has been accomplished in such a short time and inquired about the funding in the Community Benefits account.
TIM SILVA, BARSTOW, CALIFORNIA
- Wanted to clarify his stand on the Casino project.
STAFF REPORTS:
13. CITY MANAGER'S JANUARY 2024 UPDATE
Recommended Action:
Receive and file.
INTERIM CITY MANAGER invited the community to attend the Open House on March 19th and addressed questions asked of the community.
COUNCIL COMMITTEE REPORTS:
Councilmembers will provide updates on their involvement in committees and boards.
COUNCIL MEMBER ROSE –
Attended Homeward Bound Meeting on February 14th.
MAYOR PRO TEM NOBLE –
Attended part of the Military Affairs meeting as he had a meeting conflict.
VVTA meeting for February was cancelled due to lack of items.
COUNCIL MEMBER KRUSE
JPA and Street Committee meeting were both cancelled.
COUNCIL MEMBER HERNANDEZ
Attended the Homeward Bound Meeting
Metro SBCTA
And Desert Mountain
MAYOR COURTNEY
SB Partnership Homeless meeting
Minutes-February 20, 2024
BUSINESS OF THE COUNCIL:
COUNCIL MEMBER ROSE
Asked staff to address the issues that were brought up by residents. - Pickle Ball lines
- Code Enforcement issues
- And signage permit
MAYOR PRO TEM NOBLE
Asked staff to address the issues that were brought up by residents. - Concurs with items asked of COUNCIL MEMBER ROSE
- Farmers Market application process.
- CONTRACTS IGSA
COUNCIL MEMBER KRUSE
- Is also in agreement with the comments already made.
- Asked about the agreements with the park lights.
COUNCIL MEMBER HERNANDEZ
- Encouraged the community to call 800 635-4617 and submit complaints regarding Cannabis - Asked staff to look into vacant BNSF properties that are being occupied by homeless. -
MAYOR COURTNEY
- Asked for staff to look into Code Enforcement grace period.
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 10:58 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