BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MARCH 4, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-March 4, 2024
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the Closed Session meeting to order at 6:00 P. M.
INVOCATION:
MAYOR PRO TEM NOBLE gave the invocation.
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER DYER 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.
PUBLIC COMMENT - CLOSED SESSION:
SPEAKERS:
JOHN WILLIAMS, BARSTOW CALIFORNIA
Minutes-March 4, 2024
- Asked how much saving the city would have if there were no lawsuits.
MIKE HERNANDEZ, BARSTOW CALIFORNIA
- Asked if individuals can be held accountable for lawsuits.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Kruse, Rose, Courtney, Hernandez,Noble
ABSENT:
CLOSED SESSION AGENDA ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Recommended Action:
(Gov. Code § 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: [1]
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- Stated the City Council met in Closed Session to consider anticipated litigation regarding one potential case and Council provided directions to staff and took no reportable action.
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 7:09 P.M.
INVOCATION:
MAYOR PRO TEM NOBLE gave 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
Minutes-March 4, 2024
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: James Noble, Mayor Pro Tem
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
PRESENTATIONS:
None
CONSENT CALENDAR PUBLIC COMMENT:
None
MINUTES ALL AGENCIES:
None
ACCOUNTS PAYABLE ALL AGENCIES:
2. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #94395-94561 totaling $4,766,708.37 and wires #925-928 totaling $169,876.96, per the Agency breakdown below:
City: $4,734,442.78
Fire: $202,142.55
Successor Agency: $0.00
Grand Total: $4,936,585.33
COUNCIL MEMBER KRUSE
- Recused from check number 94479
Minutes-March 4, 2024
SPEAKERS:
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Inquired about the details of the payment made for legal services.
CITY ATTORNEY, MATTHEW SUMMERS
- Informed the public that information regarding legal services can be requested with the City Clerk.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
CITY COUNCIL:
DISCUSSION / ACTION ON DEFERRED ITEMS:
PUBLIC HEARINGS:
3. PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX REIMBURSEMENT SUBSIDY AGREEMENT AND CITY’S OUTSIDE COUNSEL EVALUATION OF AGREEMENT’S FORMATION
Recommended Action:
Staff recommends the City Council review this information and hold this additional public hearing, per Government Code section 53083, to receive public comment and confirm that the developer remains in compliance with the agreement, allowing staff to implement the agreement and make the first subsidy payment, unless directed otherwise by the City Council.
CITY ATTORNEY, MATTHEW SUMMERS
- Presented the report as filed with the City Clerk’s office.
CITY CLERK ANDREA FLORES NOTED THE PUBLIC HEARING OPENED AT 7:31 P.M.
SPEAKERS:
JOHN GARDNER, BARSTOW, CALIFORNIA
- Inquired about the Public Hearing posting and if members of Council spoke to the hotel group in Atlanta.
TIM SILVA, BARSTOW, CALIFORNIA
- Expressed his concerns with the Marriott deal as he feels there is a lack of information.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Expressed her concerns with the Marriott deal.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Expressed his concerns with the Marriott deal.
JIM BROWN, BARSTOW, CALIFORNIA
- Spoke about elected officials and there being conflict of interest.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke about the funding of the Marriott.
Minutes-March 4, 2024
CITY CLERK ANDREA FLORES NOTED THE PUBLIC HEARING CLOSED AT 7:48 P.M.
COUNCIL MEMBER ROSE
- Expressed her concerns with the Marriott deal.
COUNCIL MEMBER HERNANDEZ
- Expressed her concerns with the funding loan.
CITY ATTORNEY, MATTHEW SUMMERS
- Addressed the concerns of the speakers regarding the city incentive.
RESULT: PRESENTATION ONLY
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
4. YOUTH COMMUNITY PROMOTIONAL FUND BUDGET APPROPRIATION Recommended Action:
To formally increase the youth account 102.150.542.07.770 to $75,000 from $38,000 and increase Seniors account 102.150.07.771 from $15,000 to $25,000 with a total increase of $47,000.
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Presented the staff report as filed with the City Clerk’s office.
SPEAKERS:
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Thanked staff for correcting the amount in Youth Community Measure Q.
TED WEASMA, BARSTOW, CALIFORNIA,
- Thanked the staff for the increase of the funding for youth and seniors.
DOLORES PADILLA, BARSTOW, CALIFORNIA
- Thanked INTERIM CITY MANAGER ANDREW ESPINOZA FOR addressing their concerns.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Expressed her concerns with the funding allocation.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Thanked staff for the adjustments in Measure Q funding and asked staff to look into the cost of the use of the field painter.
COUNCIL MEMBER ROSE
- Inquired about the Snack Bar as the groups could use it for additional funding.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
5. APPROVAL FOR COUNCIL MEMBER CARMEN HERNANDEZ TO TRAVEL TO THE CITY COUNTY 2024 CONFERENCE IN LAKE ARROWHEAD, CA
Minutes-March 4, 2024
Recommended Action:
Approve travel for Council Member Hernandez to attend the City-County Conference in Lake Arrowhead scheduled for May 16 - 17, 2024.
INTERIM CITY MANAGER ANDREW ESPINOZA JR.
- Presented the report as filed the with the City Clerk's office.
RESULT: APPROVED [4 TO 0]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney
ABSTAIN: Hernandez
6. SURPLUS LAND ACT DESIGNATION: APNS: 0427-062-44-0000, 0427-062-45-0000, 0427- 062-43-0000
Recommended Action:
Staff recommends 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 8:21 P.M.
CITY ATTORNEY, MATTHEW SUMMERS
- Announced that MAYOR COURTNEY would be recusing from items 6 and 7 as he owns property within 1000 feet of the parcels listed in the staff report. -
ASSISTANT CITY MANAGER KODY TOMPKINS
- Presented the report as filed with the City Clerk’s office.
RESULT: APPROVED [4 TO 0]
MOVER: Carmen Hernandez, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSTAIN: Courtney
7. SURPLUS LAND ACT DESIGNATION: APNS: 0182-011-14-0000, 0182-011-15-0000, 0182- 011-16-0000, 0182-011-17-0000, 0182-011-12-0000, 0181-063-26-0000, 0181-063-27-0000, 0182-012-09-0000, 0182-012-08-0000, 0182-011-18-0000, 0182-012-24-0000, 0182-012-37- 0000, 0182-093-06-0000, 0181-063-25-0000, 0182-012-10-0000, 0182-012-52-0000, 0181-072- 26-0000, , 0182-012-39-0000, 0182-012-23-0000, 0182-011-26-0000, 0426-041-05-0000, 0182- 011-27-0000, 0182-012-44-0000, 0182-011-23-0000, 0426-061-06-0000, 0182-012-02-0000, 0182-012-01-0000, 0182-012-43-0000, 0424-132-67-0000, 0182-011-21-0000, 0181-011-07- 0000, 0181-011-17-0000, 0182-011-19-0000, 0181-011-04-0000, 0181-011-18-0000, 0182-011- 10-0000, 0182-011-11-0000, 0182-011-24-0000, 0182-011-25-0000, 0182-012-36-0000, 0182- 011-07-0000, 0182-011-22-0000
Recommended Action:
Staff recommends that the City Council declare the listed properties exempt surplus under the Small Parcels Exemption (Gov. Code, § 54221 subd. (f)(1)(B)) and direct the City Manager to send a written notification of the City’s declaration and findings to HCD and conduct all other required activities to declare the land exempt surplus.
Minutes-March 4, 2024
ASSISTANT CITY MANAGER KODY TOMPKINS
- Presented the report as filed with the City Clerk’s office.
RESULT: APPROVED [4 TO 0]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSTAIN: Courtney
MAYOR COURTNEY returned to the meeting at 8:32 P.M.
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
JOHN GARDNER, BARSTOW, CALIFORNIA
- Thanked the Police Department for assisting him with his vehicle.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Spoke about his concerns with youth sports.
TIM SILVA, BARSTOW, CALIFORNIA
- Spoke about Development Impact Fees.
TED WEASMA, BARSTOW, CALIFORNIA
- Thanked staff for being present
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Was happy to see a positive Council Meeting.
JASON LOWE, BARSTOW, CALIFORNIA
- Spoke about his concerns with EC Barstow.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Expressed his concerns with legal firm.
MICHAEL CARSON, BARSTOW, CALIFORNIA
- Inquired about the status of complaints made on a member of the Planning Commission’s property.
JIM BROWN, BARSTOW, CALIFORNIA
- Expressed his concerns with Police Department.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Spoke of a letter that was given to the Mayor from a past City Manager.
STAFF REPORTS:
PUBLIC SAFETY REPORTS:
Minutes-March 4, 2024
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Gave dates of upcoming workshops and city events and provided answers asked of the speakers.
FIRE CHIEF, NICK DINALPOLI
- Provided safety information to residents with all the recent high winds.
COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Invited residents to attend the upcoming Rules and Policy on March 26, at 9 am and Homeward Bound March 13th.
MAYOR PRO TEM NOBLE
- NEXT VVTA meeting will be March 18th in Barstow Council Chambers.
COUNCIL MEMBER KRUSE
- Added that at the next Rules and Policy meeting they will look into creating a Senior Fund Policy
COUNCIL MEMBER HERNANDEZ
- Will be at the Mojave Air Quality meeting this coming Monday.
MAYOUR COURTNEY
- Said he would be attending the SB County Non Housed Meeting. -
BUSINESS OF THE COUNCIL:
COUNCIL MEMBER ROSE
- Wished all a Happy National Woman’s Month and asked staff to address the concerns of brought up regarding the Mayor’s TUP applications.
MAYOR PRO TEM NOBLE
- Encouraged all to come out March 31 to the Easter Egg Hunt at the Sports Park and thanked Public Safety for all they do.
COUNCIL MEMBER KRUSE
- Thanked the City Manager and staff for their work in addressing the issues with Little League.
COUNCIL MEMBER HERNANDEZ
- Addressed the issues with the Snack Bar and asked that there be a transition period with all the issues with Park and Recreation.
MAYOR COURTNEY
- Addressed questions that were asked of the speakers.
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 9:32 P.M.
Respectfully Submitted: Approved:
Minutes-March 4, 2024
_______________________________ __________________________________ Andrea Flores, City Clerk Paul Anthony Courtney, Dr. B.A. Mayor Notice: Signed Minutes are filed with the City Clerk’s office