REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
APRIL 15, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
REGULAR MEETING
Minutes-April 15, 2024
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the Closed Session meeting to order at 6:00pm.
INVOCATION:
MAYOR PRO TEM NOBLE gave 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 Absent
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: 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 15, 2024
BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
SPEAKERS:
JOHN WILLIAMS, BARSTOW CALIFORNIA
- Inquired about ongoing litigations.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
CLOSED SESSION AGENDA ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL
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: 1
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:
Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: McCorkle-Justice v. City of Barstow, et al. San Bernardino County Superior Court Case No. CIV-SB-2203359
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:
Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Woolley v. City of Barstow, San Bernardino County Superior Court Case No. CIVSB-2307231 REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- Stated the City Council met in Closed Session to consider three items and took reportable action on two.
Item 1
The City Council met in Closed Session to consider one item, regarding Anticipated Litigation.
Direction was provided to the Council and staff and no reportable action was taken.
Items 2-3
The City Council met in Closed Session regarding two items, Existing Litigation. Direction was provided to Council and Staff.
Minutes-April 15, 2024
o McCorkle Justice provided approval of the settlement of which information will be available upon finalizing.
o Wooley and provided approval of the settlement of which information will be available upon finalizing.
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 7:00 P.M.
INVOCATION:
MAYOR PRO TEM JAMES 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 Absent
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.
Minutes-April 15, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
PRESENTATIONS:
4. PRESENTATION OF PROCLAMATION TO DONATE LIFE CALIFORNIA IN RECOGNITION
OF DMV/DONATE LIFE MONTH
Recommended Action:
Present proclamation to Donate Life California in recognition of DMV/Donate Life California Month.
RESULT: PRESENTATION ONLY
5. PRESENTATION OF THE CALIFORNIA’S POLICE OFFICER’S STANDARDS AND TRAINING (POST) EXECUTIVE CERTIFICATE TO INTERIM CITY MANAGER/CHIEF OF POLICE ANDREW ESPINOZA JR.
Recommended Action:
Presentation only.
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.
SPEAKERS:
NONE
6. COMMUNITY PROMOTIONAL FUND APPLICATION FROM HIGH DESERT JUNIOR
SHOOTERS
Recommended Action:
Approve Community Promotional Fund of in-kind donation in the amount of $2,600 for waiver of fees for the use of the Cora Harper Center.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
7. RESOLUTION AUTHORIZING THE STREET CLOSURE FOR THE BARSTOW POLICE DEPARTMENT PUBLIC SAFETY FAIR ON MAY 18, 2024
Recommended Action:
The City Council approve Resolution 5155-2024
Minutes-April 15, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FORM THE
CONSENT CALENDAR BY THE COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME).
PUBLIC HEARINGS:
None
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
8. GRIT CHAMBER REHABILITATION PROJECT
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Approve the Grit Chamber Rehabilitation with National Coating for repairing deteriorated concrete and applying the protective coating of Sherwin Williams poly coat 115.
2. Authorize the City Manager or designee the authority to sign an agreement.
WASTE WATER SUPERINTENDENT, WESLEY GARRISON, presented the staff report as filed with the Clerk’s Office.
SPEAKERS:
JOHN WILLIAMS, BARSTOW CALIFORNIA
- Spoke in favor of the project.
MIKE HERNANDEZ, BARSTOW CALIFORNIA
- Glad to see the improvements being made to the Waste Water Facility.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
9. APPOINTMENT OF PLANNING COMMISSIONER
Recommended Action:
The Selection Committee recommends the City Council appoint Paul Niemeyer as a Planning Commissioner for one term, (to end 12/31/2027).
COUNCIL MEMBER HERNANDEZ thanked all who applied.
SPEAKERS:
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Glad to see the vacancy filled.
Minutes-April 15, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
10. AN AMENDMENT TO THE AGREEMENT FOR THE JOINT EXERCISE OF POWERS
RELATED TO THE SAN BERNARDINO ASSOCIATED
Recommended Action:
Approve Amendment No. 4 to the San Bernardino Associated Governments Joint Powers Authority agreement and approve the increase to the City of Barstow member dues to $24,784, with an annual price increase based on the Consumer Price Index (CPI) or 2%, whichever is less.
INTERIM CITY MANAGER, ANDREW ESPINOZA JR. gave the presentation as filed with the City Clerk’s Office.
COUNCILMEMBER HERNANDEZ
- The increase of dues went across all members of SBCTA and will continue to give us updates.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
11. 911 CENTER DISPATCH WORK CONSOLES
Recommended Action:
Approve the purchase from Xybix Systems, Inc., in the amount of $98,829.56, and authorize the City Manager to execute the Purchase Order / Contract.
ASSISTANT CITY MANAGER, KODY TOMPKINS presented the report as filed with the City Clerk’s Office.
SPEAKERS
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- In support of the upgrade.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Inquired about the funding.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Also inquired about funding for PD remodel and system upgrade.
COUNCIL MEMBER KRUSE
- Inquired about the lifespan of the equipment
ASSISTANT CITY MANAGER, KODY TOMPKINS
- Assured COUNCIL that the City looked at quality and craftsmanship in selection process.
MAYOR PRO TEM NOBLE
- Inquired about the implementation.
Minutes-April 15, 2024
ASSISTANT CITY MANAGER, KODY TOMPKINS
- Gave the date of June 24, 2024 for installation.
COUNCIL MEMBER HERNANDEZ
- Asked that the funding source be discussed at a future meeting.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
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
- Inquired about compost service hours.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Inquired how projects are being funded.
MONICA CARSON, BARSTOW CALIFORNIA
- Spoke regarding issues with the Police Department.
MIKE CARSON, BARSTOW CALIFORNIA
- Spoke in regards to the CAB committee.
VIRGINIA BROWN, BARSTOW CALIFORNIA
- Inquired about zoning on her property.
JIM BROWN, BARSTOW CALIFORNIA
- Asked about the terms of the Interim City Manager.
JASON LOWE, BARSTOW CALIFORNIA
- Spoke in regards to his agreement with EC Barstow.
JOHN WILLIAMS, BARSTOW CALIFORNIA
- Expressed his concerns regarding the comments made by the MAYOR at the last Council Meeting.
STAFF REPORTS:
12. CITY MANAGER'S MARCH 2024 UPDATE
Recommended Action:
Receive and file.
INTERIM CITY MANAGER ANDREW ESPINOZA JR.
Minutes-April 15, 2024
- Responded to questions that were asked regarding the funding of the 911 upgrade said it was included in the funding for FY 23/24 and also grant funding of 85K of the public gave updates on PD construction and invited all to attend Measure Q Information Meeting on May 7, 2024 6:00pm, at the Harvey House.
COUNCIL COMMITEE REPORTS:
MAYOR PRO TEM NOBLE
- Attended the VVTA Meeting
COUNCIL MEMBER KRUSE
- Attended the Street Committee Meeting and thanked staff for the updates on the ongoing ADA project funded by CDBG funds.
COUNCIL MEMBER HERNANDEZ
Attended:
- SBCTA meeting
- Street Committee
- Homeward Bound
- And Goal Setting Meeting
MAYOR COURTNEY
- Attended Homeless Collaborative meetings.
BUSINESS OF THE COUNCIL:
MAYOR PRO TEM NOBLE
- Asked staff speak with the Browns regarding their storage bin.
COUNCIL MEMBER KRUSE
- Encouraged all to participate with Earth Day
- Glad to see the Goal setting is moving along.
COUNCIL MEMBER HERNANDEZ
- Thanked surrounding cities that provided a resolution opposing CARB. - Asked about composting her weeds
MAYOR COURTNEY
- Asked staff to look into concerns discussed regarding Code Enforcement.
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 8:37 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