BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
APRIL 1, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-April 1, 2024
CALL TO ORDER - CLOSED SESSION:
MAYOR PRO TEM NOBLE called the Closed Session to order at 6:01 P.M.
PLEDGE OF ALLEGIANCE:
MAYOR PRO TEM led in the Pledge of Allegiance.
ROLL CALL:
CALL TO ORDER:
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 Absent
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: 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 Minutes-April 1, 2024
BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
PUBLIC COMMENT - CLOSED SESSION:
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Expressed his concerns with how City Attorney handled the opening of the public hearing for the Marriott.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Said it might be time to replace legal service company and concerned with having legal representation at the Planning Commission.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [4 TO 1]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Hernandez, Rose
ABSENT: Courtney
CLOSED SESSION AGENDA ITEMS:
1. 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 one item.
1. 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 PRO TEM NOBLE called the Regular Meeting to order at 7:19 P.M.
INVOCATION:
JOE VAIL, with MOJAVE DESERT CHRISTIAN CHURCH gave the invocation.
PLEDGE OF ALLEGIANCE:
MAYOR PRO TEM NOBLE led in the Pledge of Allegiance.
ROLL CALL:
Minutes-April 1, 2024
Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse Council Member Present
Barbara Mae Rose Council Member Absent
Paul Anthony Courtney Mayor Absent
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Hernandez
ABSENT: Rose, Courtney
PRESENTATIONS:
2. RECOGNITION OF BARSTOW PAGEANT’S COMMUNITY REPRESENTATIVES Recommended Action:
Present certificates to Barstow Pageant’s community representatives.
Council presented certificates of recognition to the Barstow Pageant group.
RESULT: PRESENTATION ONLY
3. PRESENTATION FROM PARTNERS AGAINST VIOLENCE
Recommended Action:
Presentation only.
Minutes-April 1, 2024
ANDRA CHARBONNET with PARTNERS AGAINST VIOLANCE gave a presentation on services they have been providing teens in the Barstow area.
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.
MINUTES ALL AGENCIES:
4. MINUTES REGULAR MEETING - FEBRUARY 5, 2023, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Hernandez
ABSENT: Rose, Courtney
ACCOUNTS PAYABLE ALL AGENCIES:
5. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #94562-94911 totaling $1,896,689.40 and wires #929-938 totaling $224,977.79 ,per the Agency breakdown below:
City: $1,973,876.01
Fire: $147,791.18
Successor Agency: $0.00
Grand Total: $2,121,667.19
SPEAKERS
MIKE HERNANDEZ, BARSTOW CALIFORNIA
- Asked about the check for the Marriott number 94911 and if the money is coming out of the General Fund.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Concerned with Ck 94911 and the amount being paid out to the Marriott.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Asked if there will be an end of fiscal year financial adjustments to pay the Marriott.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Asked if the check listed in the AP run was the first Marriott payment and inquired if the payment was paid with Measure Q funds.
Minutes-April 1, 2024
COUNCIL MEMBER KRUSE
- Abstained from check number 94730.
CITY ATTORNEY, MATTHEW SUMMERS,
- Noted check #94730 will need to come back for approval at a future meeting.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Hernandez
ABSENT: Rose, Courtney
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:
6. COMMUNITY PROMOTIONAL FUND APPLICATION FROM THE BARSTOW CHAMBER OF
COMMERCE
Recommended Action:
Approve a donation from the Community Promotional Fund of an in-kind amount of $4,000 to waive fees for using the Cora Harper Center.
ASSISTANT CITY MANAGER, KODY TOMPKINS
- Presented the report as filled with the City Clerk's office.
COUNCIL MEMBER DYER KRUSE,
- Requested clarification of the amount requested.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Hernandez
ABSENT: Rose, Courtney
7. APPROVAL OF OPTION AGREEMENT BETWEEN ODESSA WATER DISTRICT AND BNSF
RAILWAY COMPANY FOR OPTION TO PURCHASE MOJAVE BASIN, CENTRO SUBBASIN UNUSED FREE PRODUCTION WATER ALLOWANCE.
Recommended Action:
Staff recommends the City Council approve the Option Agreement between Odessa Water District and BNSF Railway Company for the Option to Purchase Mojave Basin, Centro Sub basin Unused Free Production Water Allowance.
ASSISTANT CITY MANAGER, KODY TOMPKINS and CITY ATTORNEY, MATTHEW
SUMMERS
Minutes-April 1, 2024
- Presented the report as filled with the City Clerk's office.
COUNCIL MEMBER HERNANDEZ
- Inquired as to when agreement took place with the city and BNSF where is the $50 acre foot and every year asked where BNSF getting their water.
ASSISTANT CITY MANAGER, KODY TOMPKINS
- Responded that negotiations have been going on with legal for over 6 months and the amount was appropriate compared to other offers.
COUNCIL MEMBER HERNANDEZ
- Asked if this would impact the need of water for future housing projects.
ASSISTANT CITY MANAGER, KODY TOMPKINS
- Said no future housing would be impacted as that service would be provided by a Golden State Water.
SPEAKERS:
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked what the length of the contract is.
Motion by COUNCIL MEMBER KRUSE, SECOND BY COUNCIL MEMBER HERANADEZ, to approve the Agreement between Odessa water District and BNSF Railway as amended.
Changes to page 1 Recital - C, to read Subject to change each year. Make the option payment Approve at $4000 per year of the term
Section 1.3 only making available as much water as may exist for the water master using just a plan not a guarantee
Section 5.2 correct Mr. Tompkins positon to read Assistant City Manager In section 7 on page 5 any assignment requires consent of the Odessa Water District board And section 2.2, Transfer of fees to BNSF section.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Hernandez
ABSENT: Rose, Courtney
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 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
SPEAKERS:
TIM SILVA, BARSTOW, CALIFORNIA
- Attended March 20th for CARB public hearing meeting.
Minutes-April 1, 2024
ROLAND ULLUA, DOS COSTAS
- Spoke of upcoming events and thanked staff for their support.
GILBERT ASA BARSTOW, CALIFORNIA
- Spoke in regards to a citation he received.
VIRGINIA BROWN, BARSTOW, CALIFORNIA
- Asked about a letter from the Attorney General ruling.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Also spoke in regards to the same letter as Ms. Brown.
JIM BROWN, BARSTOW, CALIFORNIA
- Also inquired about the same letter.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY
MIKE CARSON, BARSTOW, CALIFORNIA
- Asked PD if questions would be addressed.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked Interim City Manager about the money that was coming in for the IGSA and the allocation, and what the total cost and maintaining the contract and why are there so many allocations to the Measure Q fund.
STAFF REPORTS:
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Responded to concerns of residents regarding investigation, and said such items are confidential and that is the reason why staff does not address the questions. - Invited residents to attend April 9, 2024 Goal Setting meeting at 6:00PM and Measure Q information and training on May 7th
CAPTAIN, DANIEL ARTHUR
- PD ran the Baker to Vegas and improved from the previous year and invited residents to come out April 24 Coffee with a Cop and have two officers out addressing homeless individuals.
FIRE CHIEF, NICK DINAPOLI
- Reminded residents to clear up your yards to address any fire hazards.
COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER HERNANDEZ
- Attended the Mojave Air Quality meeting and appreciates their support with the cannabis odor. - April 3rd SCAG and Street Committee at 3pm.
COUNCIL MEMBER KRUSE
- Attended Rules and Policy
- And will attend Mojave Air Quality meeting
MAYOR PRO TEM NOBLE
- Military Affairs will be on April 9th.
- VVTA April 15th
Minutes-April 1, 2024
COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER HERNANDEZ
- SWG doing some upgrades on their street.
- Thanked Public Works for fixing potholes on Lilian.
COUNCIL MEMBER KRUSE
- April 13th happenings: Shred and Dump Day, Earth Day
- New Hope Village Tea and Mural Dedication
MAYOR PRO TEM NOBLE
- Asked staff to look into Mr. Gilbert Asa concern
- Asked staff to research Mike Hernandez, IGSA contracts. - Asked staff to look for a location for the bench placement.
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 9:15 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