BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MAY 6, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-May 6, 2024
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the Closed Session to order at 6:00 P.M.
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-May 6, 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.
PUBLIC COMMENT - CLOSED SESSION::
NONE
CLOSED SESSION AGENDA ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:
Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Pinkus adv. City of Barstow, Workers Compensation Court Case Nos.
ADJ13523770, ADJ13524017, and ADJ13524014
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:
Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: McNelis adv. City of Barstow, Workers Compensation Court Case No.
ADJ16486940
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble Mayor Pro Tem
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- Stated the City Council met in Closed Session to consider two items regarding Existing Litigation regarding Worker's Compensation court cases, and in both cases, the Council provided direction to staff and provided 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 Regular Meeting to order at 7:00 P.M.
INVOCATION:
FLOYD LOPEZ with CROSSROADS ASSEMBLY DAGGETT gave the invocation.
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER HERNANDEZ led in the pledge of allegiance.
ROLL CALL:
Minutes-May 6, 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 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 MAYOR COURTNEY, seconded by COUNCIL MEMBER KRUSE, and unanimously carried to approve the agenda adding the presentation from SCE.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
Motion by MAYOR COURTNEY, seconded by COUNCIL MEMBER HERNANDEZ to approve agenda as amended.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
PRESENTATIONS:
Minutes-May 6, 2024
LUIS LARA with SCE gave a presentation on up-coming upgrade to SCE Sub-Stations and also gave dates of upcoming power outages.
COUNCIL MEMBER HERNANDEZ
- Thanked Mr. Lara for coming in to present and asked if critical care customers could be placed at other locations and asked for information to be placed on channel 6 to get community input.
COUNCIL MEMBER KRUSE
- Appreciates the notice.
MAYOR PRO TEM NOBLE
- Expressed concerns with information getting out to critical care customers.
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:
3. MINUTES OF FEBRUARY 20, 2024 5:30 PM
Recommended Action:
Approve the minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Carmen Hernandez
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
ACCOUNTS PAYABLE ALL AGENCIES:
4. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #94730, 94912-95413 totaling $10,173,401.00 and wires #939-951 totaling $532,827.99, per the Agency breakdown below:
City: $10,279,763.37
Fire: $426,465.62
Successor Agency: $0.00
Grand Total: $10,706,228.99
SPEAKERS:
ET SNELL,NEWBERRY SPRINGS, CALIFORNIA
- Spoke of the high cost of Edison services.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Inquired on the payments for Solid Waste and Animal Control services and asked what the return of payment is for IGSA’s
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asked about Check 95031 to Janette Hayhurst ck#95067 Training for City Clerk and ck#959145 $155K asked what percentage was for Mayor Ck#95040 PERMA asked what was last year’s payment compared to this year.
Minutes-May 6, 2024
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked how much was paid in TOT for Marriott and how long does it take for the City to receive payment for IGSA.
COUNCIL MEMBER KRUSE,
- Abstained from check numbers, 95045, 95078, 95097, 95190, and Wire 951
COUNCIL MEMBER HERNANDEZ
- Asked if staff could respond to the questions regarding IGSA payment.
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Said Ms. Hayhurst is working as a consultant to assist with the BIG project and that the city is being reimbursed by BNSF.
FINANCE DIRECTOR, SYDNIE HARRIS
- Responded to the IGSA question by saying the payment for IGSA contracts are paid within a few weeks of being sent out.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
CITY COUNCIL:
5. AMENDMENT TO FY 2023/2024 PUBLICLY AVAILABLE PAY SCHEDULE (PAPS) Recommended Action:
Staff recommends that the City Council adopt Resolution No 5156-2024, approving the amended publicly available pay schedule (PAPS) (Attachment A) for FY 2023/2024 with an approval date of May 6, 2024.
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. SOFTWARE AS A SERVICE AGREEMENT WITH TYLER TECHNOLOGIES, INC.
Recommended Action:
Approve the upgrade of the Software as a Service Agreement with Tyler Technologies, Inc., and provide authority to the City Manager to execute the agreements.
FINANCE DIRECTOR, SYDNIE HARRIS, presented as filed with the City Clerk's office.
COUNCIL MEMBER KRUSE
- Asked for clarification as to how the city could add additional services as needed.
Minutes-May 6, 2024
COUNCIL MEMBER HERNANDEZ
- Asked how this software will be compatible with the existing software and how long will it take to implement.
FINANCE DIRECTOR, SYDNIE HARRIS
- Said the system is compatible with the existing equipment and implementation would be a 6 month process.
SPEAKERS:
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asked if this was the best service for the city.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked when the update to the Council Chambers was done, how was it funded.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
7. PROFESSIONAL SERVICES AGREEMENT AUGMENT FOR CONSULTANT SERVICES
ASSOCIATED WITH THE GENERAL PLAN UPDATE
Recommended Action:
Staff recommends approval of the attached Professional Services Agreement augmented with PlaceWorks for the General Plan Update and associated tasks.
BUILDING OFFICIAL/FIRE MARSHALL, presented the staff report as filed with the City Clerk’s office.
SPEAKERS:
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if the cost would be refunded back to the city for the BNSF project.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Courtney, Hernandez
ABSENT: Rose
CITY COUNCIL:
8. PROPOSED MODIFIED HOLIDAY SCHEDULE
Recommended Action:
The City recommends approval of Resolution 5157-2024.
ASSISTANT CITY MANAGER, KODY TOMPKINS
- Presented the staff report as filed with the City Clerk's office.
COUNCIL MEMBER HERNANDEZ
- Asked if there were issues from last year’s closures.
Minutes-May 6, 2024
SPEAKERS
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Asked if staff would be at City Hall
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Said he would like a job with the city.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if they would extend utility payments.
MAYOR COURTNEY
- Thanked staff for bringing item to Council.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
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:
PATRICIA LITT, BARSTOW, CALIFORNIA
- Wanted to thank staff for being helpful and asked if there were any programs to assist with residential repairs.
TANYIA BRYANT, BARSTOW, CALIFORNIA
- New HUD office representative.
ET. SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Is concerned about the rates for SCE going up.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Spoke on the new hours press release that was sent out and thanked staff for the update and asked for update on animal control.
TED WEASMA, BARSTOW, CALIFORNIA
- Would like for staff to define the acronyms and said the public is not being served properly by closing for the holiday and asked why there is no information on Brightline.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Glad to hear about the reimbursement of consultant BNSF services and asked why city promoting the Marriott on Channel 6.
MARSHA WEASMA, BARSTOW, CALIFORNIA
Minutes-May 6, 2024
- Great attendance at the Chili Cook off and Earth Day and would like for Council to look at the four day schedule and would like to address the amount of graffiti and the petty theft around the city.
VIRGINIA BROWN, BARSTOW, CALIFORNIA
- Inquired about the status of her Code Enforcement case regarding her container.
JIM BROWN, BARSTOW, CALIFORNIA
- Glad to see Jeanette Hayhurst working on BNSF project and would like for Council to rethink the work schedule.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asked why the Mayor is out speaking on behalf of the City when he was told not to, Inquired about the permits at EC Barstow.
STAFF REPORTS:
INTERIM CITY MANAGER
- Addressed question regarding Animal Services, saying there is an RFP that will close on May 16th. - Measure Q Information and Training May 7, 2024.
- May 20th 5:30pm Budget Workshop.
- May 29th Final Community Benefits Workshop.
PUBLIC SAFETY UPDATES:
CAPTAIN, DANIEL ARTHUR,
- Invited residents to the Safety Fair happening on Saturday, May 18, 2024, and reminded all residents to check their vehicles before summer travel.
ACTING FIRE CHIEF, CORY CISNEROS,
- Said it's Wildfire Preparedness week and help minimize any fire exposure, check media posts on how to stay safe.
COUNCIL COMMITTEE REPORTS:
MAYOR PRO TEM NOBLE
- Rim divider vegetation
- Borrego Apartments and the esthetics
- April 22nd Mojave Air Quality
- May 20, 2024, VVTA meeting Barstow City Hall 9:30 am
- Military May 14th Los Domingos
COUNCIL MEMBER KRUSE
- Rules and Policy Community Policy and discussed Planning Commission - JPA will be zooming
- League of the Cities in Ridgecrest
COUNCIL MEMBER HERNANDEZ
- Homeward bound
MAYOR COURTNEY
- Anaheim CA Growth Summit
- May 13th HD Regional Meeting
BUSINESS OF THE COUNCIL:
Minutes-May 6, 2024
MAYOR PRO TEM NOBLE
- 42ND Annual Awards
- 18th Annual Chili Cook Off
- Earth Day at Dana Park
- Desert Sanctuary training
- MCLB/FT Irwin Recognition Events
COUNCIL MEMBER KRUSE
- Attend same events as MAYOR PRO TEM
- Tea Party for New Hope Village
- Mural ribbon cutting
- April 25th EXP honored Lawrence Dale
- SCAG Meeting
COUNCIL MEMBER HERNANDEZ
- Public Hearing on May 20th regarding trash rates.
- Wished all a Happy Mother's Day
MAYOR COURTNEY
- Said the City promotes all business in the City to support growth in the community. - Thanked Leonard Williams for speaking up for the community.
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