REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MARCH 18, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
REGULAR MEETING
Minutes-March 18, 2024
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the meeting to order at 6:00 P.M.
INVOCATION:
MAYOR PRO TEM NOBLE led in the pledge the invocation.
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER 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 PLEASE SO
INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HAND 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 AN DPLACE 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-March 18, 2024
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:
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Commented on all the loss of money in litigation.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble , Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Councilmember
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: [3]
2. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: City Attorney
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- Stated the City Council met in Closed Session to consider two items.
1. The City Council met in Closed Session to consider three items, regarding Anticipated Litigation.
Direction was provided to the Council and staff and no reportable action was taken.
2. The City Council met in Closed session regarding one item related to Public Employment related to the title City Attorney. 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 7:27 P.M.
INVOCATION:
PASTOR BUSHAWN CARPENTER, gave the invocation.
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER KRUSE led the pledge of allegiance.
Minutes-March 18, 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
RESULTS: APPROVED [UNANIOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
PRESENTATIONS:
3. PRESENTATION OF CERTIFICATES FOR ROK - REACHING OUR KIDS Recommended Action:
Presentation only.
BUSHAWN CARPENTER introduced the newest members of the ROK - Reaching Our Kids program and gave a brief explanation of their program.
RESULT: PRESENTATION ONLY
4. CHEMEHUEVI INDIAN TRIBE PROJECT UPDATE
Recommended Action:
Presentation only.
Minutes-March 18, 2024
CHAIRMAN LODGE of the Chemehuevi Indian Tribe gave an update on the progress of the Casino project.
SPEAKERS:
WILLIAM QUIMBY, BARSTOW, CALIFORNIA
- Excited to see the project as it will bring economic growth.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Inquired about the time frame as from when it will start and end, and asked when the agreement would be finalized.
HARVEY WALKER, BARSTOW, CALIFORNIA
- Said he is ready for the Casino to be done.
TIM SILVA, BARSTOW, CALIFORNIA
- Glad to hear the MSA is being revised. .
ANNE BURCHFIELD, BARSTOW, CALIFORNIA
- Thanked Council and staff for being professional and is excited for the growth the Casino will bring the city.
KAMBIZ MORIDI, PROPERTY OWNER
- Thanked staff and Chemehuevi Indian Tribe for their hard work in bringing the Casino.
RESULT: PRESENTATION ONLY
MAYOR COURTNEY called for a short recess at 8:04PM.
Meeting resumed at 8:16 P.M. with all members present.
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:
None
ACCOUNTS PAYABLE ALL AGENCIES:
None
CITY COUNCIL:
5. FINAL ACCEPTANCE OF PACIFIC PLAY SYSTEMS INC. REPLACEMENT OF
PLAYGROUND EQUIPMENT AT DANA PARK
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Approve Final Acceptance of Pacific Play System, Inc. to Replacement of Playground Equipment Minutes-March 18, 2024
at Dana Park. Project Number 18-36-019.
2. Authorize staff to file the attached Notice of Completion.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Thanked staff for the continued work on the parks.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
DISCUSSION / ACTION ON DEFERRED ITEMS:
PUBLIC HEARINGS:
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
6. NORTH BARSTOW ADA INFRASTRUCTURE IMPROVEMENTS
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Approve the allocation of Un-Programmed CDBG funds to the North Barstow ADA Infrastructure Improvement Project for the amount of $261,675 to fully fund and complete the project.
BUILDING OFFICIAL/FIRE MARSHAL, CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk..
COUNCIL MEMBER ROSE -
- Asked how much money was currently in CDBG Unprogrammed Funds and asked for a second from Council, and Second by MAYOR COURTNEY.
MAYOR PRO TEM NOBLE
- Asked if the City was in jeopardy of losing funds.
COUNCIL MEMBER KRUSE
- Asked about if these funds were reimbursable.
BUILDING OFFICIAL/FIRE MARSHAL, CHRIS HELDRETH
- Answered questions asked of the COUNCIL and said the city is in jeopardy of losing CDBG funding due to not spending down the funds that were awarded and yes, this is a reimbursable fund. After the city completes projects, it will then submit documentation to the County for reimbursement.
SPEAKERS
MIKE HERNANDEZ BARSTOW, CALIFORNIA
- Glad to see the project moving forward.
Minutes-March 18, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
7. AWARD OF CONTRACT FOR NORTH BARSTOW ADA INFRASTRUCTURE
IMPROVEMENTS
Recommended Action:
Staff Recommends that the City Council take the following actions:
1. Award project number 2023-02 / BARS-22-1-03K/0260 North Barstow ADA Infrastructure Project to TSR Construction and Inspection.
2. Approve an overall project budget of $356,113.
3. And authorize the City Manager or designated representative to sign the contract.
BUILDING OFFICIAL/FIRE MARSHAL, CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk..
COUNCIL MEMBER KRUSE
- Said the timeline for the scope of work appears short.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
8. ADOPTION OF RESOLUTION NO. 5154-2024 OPPOSING CALIFORNIA AIR RESOURCES BOARD’S IN-USE LOCOMOTIVE REGULATION
Recommended Action:
Staff recommends the City Council adopt a Resolution opposing this regulation, opposing the regulation’s approval under the Clean Air Act, and directing the City Manager to submit a formal comment letter in opposition..
CITY ATTORNEY, MATTHEW SUMMERS
- Presented the staff report as filed with the City Clerk..
COUNCIL MEMBER ROSE
- Asked if Legislative l Members were in support
-
INTERMIN CITY MANAGER ANDREW ESPINOZA JR.
- Said staff has been in constant communication and they are in full support.
TED WEASMA, BARSTOW, CALIFORNIA
- Gave the history of the locomotives.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Spoke in support of the Resolution.
VIRGINIA BROWN, BARSTOW, CALIFORNIA
- Spoke in support of the Resolution.
Minutes-March 18, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
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 REEQUIRED, 48 HOUR NOTICE MUST BE GIVEN TO THE CITY CLERK.
MAYOR COURTNEY left the Dias at 8:54 P.M.
JENNIFER SALGADO, BARSTOW, CALIFORNIA
- Spoke in regards to her organization and would like to invite to their conference on April 20th and have provided a flyer with additional information.
PAUL COURTNEY, BARSTOW, CALIFORNIA
- Spoke of his contribution he has done for the City and his ongoing issues with residents and Council.
DARRIN FIKSTAD, BARSTOW, CALIFORNIA
- Spoke in regards to the Desert Regional Steering Committee and his concerns with the Mayor sitting on the board.
KEILYN LORENZ ELLIS, BARSTOW, CALIFORNIA
- Shared his concerns with the Police Department.
TED WEASMA, BARSTOW, CALIFORNIA
- Concerned with human health.
ELIZABETH GIVENS, BARSTOW, CALIFORNIA
- Said she supports the Mayor and sees the positive he has brought to the city.
KAMBIZ MORIDI, BARSTOW, CALIFORNIA
- Asked for an update on the investigation regarding harassment.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Spoke in regards to Mr. Courtney's comments.
REBECCA RODRIGUEZ, BARSTOW, CALIFORNIA
- Spoke in regards to the lights at the parks.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke in regards to the Marriott and asked for the conditions of the loan.
VIRGINIA BROWN, BARSTOW, CALIFORNIA
- Discussed the ongoing issues she has with Code Enforcement.
MAYOR COURTNEY returned to the Dias at 9:25 P.M.
STAFF REPORTS:
Minutes-March 18, 2024
9. CITY MANAGER'S FEBRUARY 2024 UPDATE
Recommended Action:
Receive and file.
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Answered questions that were of concern from Council Members and Residents.
PUBLIC SAFETY UPDATES:
FIRE CHIEF, NICK DINAPOLI
- Gave some safety tips for residents with Daylight Savings, it's a good time to change the batteries in your smoke detectors.
COUNCIL COMMITTEE REPORTS:
Councilmembers will provide updates on their involvement in committees and boards.
COUNCIL MEMBER ROSE,
- Homeward Bound cancelled next meeting April 10, 2024
- Rules and Policy will be March 26
MAYOR PRO TEM
- Military Affairs March 12, 2024
- BCC having their graduation ceremony on May 17th
COUNCIL MEMBER KRUSE
- Upcoming Rules and Policy on March 26th.
COUNCIL MEMBER HERNANDEZ
- March 6 SBCTA
- March 7 SCAG Meeting
- March 25 Mojave Air Quality District
BUSINESS OF THE COUNCIL:
COUNCIL MEMBER ROSE
- Expressed her frustration with the accusations.
MAYOR PRO TEM NOBLE
- Asked staff to look into Ms. Virginia Brown concerns with Code Enforcement. - Attended the Scoping Meeting on March 13th and was happy to see that it was well attended. - Participated in the City Hall Open House.
COUNCIL MEMBER KRUSE
- Also attended the Open House at City Hall.
- Also pleased with the amount of participation at the Scoping Meeting. - Attended the Desert Mountain Region League of Cities meeting.
CARMEN HERNANDEZ
- Would like to know when the East and West directional information was removed from Main St. - And also said residents should take pride in their community and not park their vehicles on the lawn.
- Thanked New Life Fellowship for feeding the community and the nonprofits for working together.
MAYOR COURTNEY
- Attended all the same events mention by all Council Members.
Minutes-March 18, 2024
- Glad to see mental and drug services now available in Barstow. - Thanked staff for the support during the High Desert Realtor Symposium.
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 10:03 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