BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JUNE 3, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-June 3, 2024
CALL TO ORDER - CLOSED SESSION:
MAYOR PRO TEM NOBLE called the Closed Session to order at 6:00 P.M.
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER ROSE 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 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 BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
Minutes-June 3, 2024
PUBLIC COMMENT - CLOSED SESSION:
SPEAKERS:
NONE
CLOSED SESSION AGENDA ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL; INITIATION OF LITIGATION Recommended Action:
Conference with Legal Counsel; Initiation of Litigation (Gov't Code section 54956.9(d)(4))
Number of Potential Cases: 2
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [4 TO 1]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSENT: Courtney
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider two items regarding initiation of litigation.
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 7:09 P.M.
INVOCATION:
WILLIE SMITH with COGIC gave the invocation.
PLEDGE OF ALLEGIANCE:
MAYOR PRO TEM NOBLE 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
Minutes-June 3, 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.
MOTION by COUNCIL MEMBER HERNANDEZ, seconded by MAYOR COURTNEY, and unanimously carried to approve the agenda to table item 10 to the next Council Meeting to allow for Council to review the current rate.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
ACCOUNTS PAYABLE ALL AGENCIES:
2. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #95414-95580 totaling $5,129,648.80 and wires #952-964 totaling $415,524.43, per the Agency breakdown below:
City: $5,329,571.08
Fire: $215,602.15
Successor Agency: $0.00
Grand Total: $5,545,173.23
SPEAKERS:
JOHN WILLIAMS, BARSTOW CALIFORNIA
- Recommended that staff take the Marriott money and give it to the Veterans and send staff to training.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Thanked staff for the breakdown of the Marriott and inquired about the end of the year settlement and asked about the Judo refunds for cancelled classes.
COUNCIL MEMBER KRUSE
- Abstained from check no.95561.
Minutes-June 3, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
CITY COUNCIL:
3. COMMUNITY PROMOTIONAL FUND APPLICATION FROM THE UNITED STATES VETERANS SUPPORT GROUP INC.
Recommended Action:
Approve a Community Promotional Fund in-kind donation in the amount of $1,770 to the United States Veterans Support Group Inc.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
4. COMMUNITY PROMOTIONAL FUND APPLICATION FROM BARSTOW COMMUNITY COALITION/DESERT SANCTUARY INC.
Recommended Action:
Approve Community Promotional Fund in-kind donation in the amount of $2,000 for waiver of fees for use of the Cora Harper Center and $2,000 of Cash donation.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
5. APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE CITY CLERKS ASSOCIATION OF CA TRAINING ON, JUNE 7, 2024, IN EL CERRITO, CA Recommended Action:
Approve travel for City Clerk Andrea Flores to the City Clerk’s Association of CA Education Workshop on June 7, 2024, in El Cerrito, CA.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
DISCUSSION / ACTION ON DEFERRED ITEMS:
PUBLIC HEARINGS:
6. REVIEW THE CITY’S MILITARY EQUIPMENT ANNUAL REPORT AND ADOPT RESOLUTION NO. 5160-2024 TO RENEW ORDINANCE NO. 989-2022, APPROVING THE CITY’S MILITARY
EQUIPMENT POLICY, AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 7070
Recommended Action:
The Barstow Police Department is committed to transparency, public trust, community Minutes-June 3, 2024
partnerships, and compliance with legal requirements.
Staff recommends City Council approve the 2024 Military Equipment Annual Report and adopt Resolution No.5160-2024 renewing Ordinance No. 989-2022, which approved the Department’s military equipment funding, acquisition, and use policy pursuant to Assembly Bill 481.
The renewal of the proposed ordinance is exempt from review under the California Environmental Quality Act (“CEQA”), per CEQA Guidelines Section 15378(b)(2,5).
Attachments:
1. Resolution No. 5160-2024
2. Annual Military Equipment Policy
3. Barstow Ordinance No. 989-2022
CAPTAIN DANIEL ARTHUR
- Presented the staff report as filed with the City Clerk’s office.
MAYOR COURTNEY
- Opened the Public Hearing at 7:29 PM.
SPEAKERS:
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Said PD needs all the equipment to be able to do their job.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked about the armored vehicle and how often it has been used.
INTERIM CITY MANAGER ANDREW ESPINOZA JR.
- Reported the armored vehicle had been used 3 times in 2023 and 1 time in 2024 in SRT callouts.
MAYOR COURTNEY
- Closed the Public Hearing at 7:34 P.M.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
7. REQUEST FOR PUBLIC HEARING - DELINQUENT TRASH AND SEWER ACCOUNTS Recommended Action:
Staff recommends the City Council:
Set the public hearing for delinquent sewer and trash (utility) accounts for Monday, July 15, 2024, at 7:00 p.m. in the Barstow Council Chambers located at 220 E. Mountain View St., Barstow, CA 92311.
MAYOR PRO TEM NOBLE
- Recommended that staff use as much media to get information out to the residents.
Minutes-June 3, 2024
COUNCIL MEMBER ROSE
- Inquired if notice could be placed on the next bills.
SPEAKERS:
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asked if all outstanding balances due by elected officials are handled with the same importance.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
8. ADOPTION OF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW
AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT FOR HEARING OFFICER SERVICES UNDER BARSTOW MUNICIPAL CODE CHAPTER 6.30
Recommended Action:
To adopt Resolution 5161-2024 authorizing the Interim City Manager to Enter into a Professional Services Agreement for Hearing Officer Services Under Barstow Municipal Code Chapter 6.30.
INTERIM CITY MANAGER ANDREW ESPINOZA JR.
- Presented the staff report as filed with City Clerk’s office.
COUNCIL MEMBER ROSE
- Recommend that the staff review at Rules and Policy to review and make recommendations
SPEAKERS
TIM SILVA, BARSTOW, CALIFORNIA
- Read the code and recommended the code be reviewed and cleared up.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Does not agree with Rules and Policy reviewing the code and INTERIM CITY MANAGER ANDREW ESPINOZA JR. can handle the case.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Inquired about cost recovery for the service.
MOTION BY MAYOR COURTNEY, seconded by COUNCIL MEMBER HERNANDEZ to approve Resolution 5161-2024, authorizing the Interim City Manager to appoint a hearing delegate, and direct staff to take code 6.30 to Rules and Policy for review and set the term of the hearing officer through December 31, 2024
RESULT: APPROVED [4 TO 1]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Courtney, Hernandez
NAYS: Rose
9. CONSIDERATION OF THE RULES AND POLICY COMMITTEE COMPOSITION FOR THE
PLANNING COMMISSION POLICY AND ORDINANCE REVISIONS
Recommended Action:
Minutes-June 3, 2024
Receive and file the enclosed memorandum and take any action, as desired. No action required.
CITY ATTORNEY MATTHEW SUMMERS
- Presented the memorandum to council and stated it was a receive and file only.
SPEAKERS
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Not in agreement with the report.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked about the ordinance regarding size of the structure.
RESULT: PRESENTATION ONLY
10. APPROVAL OF AMENDED AND RESTATED LEGAL SERVICES AGREEMENT WITH
COLANTUONO, HIGHSMITH & WHATLEY, PC
Recommended Action:
The City Manager recommends the City Council approve a proposed amended and restated legal services agreement with Colantuono, Highsmith & Whatley, PC, maintaining current City Attorney Matthew Summers and adjusting the rates as stated therein.
RESULT: TABLED Next: 6/17/2024 6:00 PM
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 Code Enforcement in addressing weeds.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Expressed concerns with past administrations choices.
TED WEASMA, BARSTOW, CALIFORNIA
- Asked for definitions on public nuisance and concerned about the water rates.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Inquired about the last workshop and asked for cooling locations for seniors and homeless individuals.
STAFF REPORTS:
CAPTAIN, DANIEL ARTHUR
- Asked residents to be cautious during Graduation Celebrations this time of the year..
INTERIM FIRE CHIEF, CORY CISNERO
- Vegetation fires are on the rise and informed the public that all burn/open burning permits have been suspended.
Minutes-June 3, 2024
11. COMMUNITY BENEFITS PROGRAM WORKSHOP DISCUSSION - APPLICATION Recommended Action:
The City Council receives input and provides direction to staff.
INTERIM CITY MANAGER ANDREW ESPINOZA JR.
- Presented the staff report as filed with the City Clerk’s office. - Stated as of 06/2024 fund balance was $478,523.
- At the request of council to keep a 10% fund reserve at all times, $47,852 is set aside this year.
- Funds available for Award in 2024 $430,670.
COUNCIL MEMBER ROSE
- Inquired about the reimbursement policy lottery process.
MAYOR PRO TEM NOBLE
- Asked about the term of the committee members.
COUNCIL MEMBER HERNANDEZ
- Was in agreement with a 3year term for the committee members.
COUNCIL MEMBER KRUSE
- Asked that we include the businesses that contribute to this fund be allowed during the selection/review process.
MAYOR COURTNEY
- In agreement with 2-year term for committee members.
It was the consensus of the Council to move forward with the application process and do a 2-year term for a 5-member committee, and stagger a few terms of some members to avoid all seats becoming vacant simultaneously.
RESULT: PRESENTATION ONLY
COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Next Homeward Bound will be held on June 12th.
- At the last Rules and Policy meeting the Youth Community Policy was finalized.
MAYOR PRO TEM NOBLE
- The next Military Affairs meeting will be June 11th.
- Next VVTA meeting will be on June 17th in Hesperia.
COUNCIL MEMBER KRUSE
- Also attended the Rules and Policy meeting with COUNCIL MEMBER ROSE.
COUNCIL MEMBER HERNANDEZ
- Will be attending SBCTA ON June 6.
- MDAQ meeting will be June 10th.
MAYOR COURTNEY
- Will be attending a Homeless Committee meeting next Tuesday in Victorville.
Minutes-June 3, 2024
BUSINESS OF THE COUNCIL:
COUNCIL MEMBER ROSE
- No comments.
MAYOR PRO TEM NOBLE
- Attended the swearing-in of officers and was happy to see the promotions happening.
COUNCIL MEMBER KRUSE
- Congratulated the individuals on their promotions.
COUNCIL MEMBER HERNANDEZ
- Glad to see the in house promotions.
- Asked if there was funding allocated for repair of tennis courts. - Asked staff to look into the blockage at Veterans Parkway. - Recommended residents to contact the California Utilities Commission regarding the rate increase on water.
MAYOR COURTNEY
- Asked staff to address the concerns with weeds that were addressed by the residents.
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 9:25 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