BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JULY 1, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-July 1, 2024
CALL TO ORDER - CLOSED SESSION:
MAYOR PRO TEM NOBLE, called the Closed Session meeting to order at 6:00PM.
PLEDGE OF ALLEGIANCE:
MAYOR PRO TEM NOBLE, 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-July 1, 2024
SPEAKERS:
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Spoke on the amount of open lawsuits.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSENT: Courtney
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: 1
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider one item regarding initiation of litigation.
Direction was provided to the 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 7:16 P.M.
INVOCATION:
COUNCIL MEMBER HERNANDEZ, 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 Absent
Carmen Hernandez Council Member Present
Minutes-July 1, 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 COUNCIL MEMBER ROSE, to pull items 4 and 5 for discussion.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Barbara Rose, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSENT: Courtney
PRESENTATIONS:
2. PRESENTATION FROM WASTE WATER DEPARTMENT
Recommended Action:
Presentation only.
ASSISTANT CITY MANAGER, KODY TOMKPINS
- Gave a presentation of the operations and updates done to the Waste Water Facility.
COUNCIL MEMBER KRUSE
- Thanked staff for the presentation.
COUNCIL MEMBER HERNANDEZ
- Thanked staff for their hard work they do.
SPEAKERS:
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked about the status of the projects that were approved and inquired about missing funds.
Minutes-July 1, 2024
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.
ACCOUNTS PAYABLE ALL AGENCIES:
3. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #95581-96033 totaling $6,757,280.69 and wires #965-976 totaling $309,276.17, per the Agency breakdown below:
City: $6,877,489.33
Fire: $189,067.53
Successor Agency: $0.00
Grand Total: $7,066,556.86
COUNCIL MEMBER KRUSE
- Abstained from check # 95897 and wire 973.
MAYOR PRO TEM NOBLE
- Abstained from check #’s 95886 and 95722.
COUNCIL MEMBER HERNANDEZ
- Abstained from check # 95881.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSENT: Courtney
CITY COUNCIL:
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).
4. APPROVAL OF AMENDMENT (SIDE LETTER) TO THE MEMORANDUM OF
UNDERSTANDING (MOU) WITH THE BARSTOW PROFESSIONAL FIREFIGHTERS' ASSOCIATION - UNIT 5
Recommended Action:
Staff recommends that the Barstow Fire Protection District’s Board take the following action:
1. Approve the Amendment to the 2022-2025 Memorandum of Understanding (side letter) between the Barstow Fire Protection District (BFPD) and the Barstow Professional Firefighters’ Association (BPFA) – Unit 5 pertaining to Article 29 – Skill Pay and the increase of paramedic certification pay increasing from $575/month to $1,000/month.
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Presented the staff report as filed with the City Clerk's office.
Minutes-July 1, 2024
COUNCIL MEMBER ROSE
- Inquired about the retro pay.
MAYOR PRO TEM NOBLE
- Thanked staff for their great work.
COUNCIL MEMBER ROSE
- Asked where the additional funds would come from.
FINANCE DIRECTOR, SYDNIE HARRIS
- Said funding was included in the approved budget.
SPEAKERS:
ET SNELL, NEWBERRY SPRINGS
- Inquired about pay schedules from surrounding cities.
ZACHARY COURTNEY,
- Thanked Council for considering the amendment of the MOU.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSENT: Courtney
5. ADOPTION OF ENGINEERING AND TRAFFIC SURVEYS FOR SPEED LIMITS FOR THE
CITY'S LOCAL ROADS AND SAFETY PROGRAM
Recommended Action:
Staff recommends the City Council take the following actions:
1. Approval/Adoption of the Engineering and Traffic Survey for Speed Limits prepared by KOA Corporation in accordance with the Local Roads and Safety Program.
FIRE MARSHALL/BUILDING OFFICIAL, CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk's office.
COUNCIL MEMBER ROSE
- Asked how soon these changes will be implemented.
ASSISTANT CITY MANAGER, KODY TOMPKINS
- Said once approved, staff will start working on getting signs posted within a few weeks.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSENT: Courtney
PUBLIC HEARINGS:
BUSINESS / ACTION ITEMS:
Minutes-July 1, 2024
CITY COUNCIL:
6. ADOPTION OF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW RECEIVING PARK CLOSURE REPORT FOR THE MIDWAY MOBILE HOME PARK (24644 MAIN STREET), APPROVING PARK CLOSURE, AND FINDING CEQA EXEMPTION (CAL.
CODE REGS. 15301, 15304, AND 15061(B)(3)).
Recommended Action:
It is recommended by staff that the city council hold the public hearing on this matter, receive the closure impact report, and approve the attached Resolution 5170-2024 making the necessary findings.
COUNCIL MEMBER KRUSE, RECUSED HERSELF FROM THIS ITEM AT 8:08 P.M.
CITY ATTORNEY, MATHEW SUMMERS
- Stated that COUNCIL MEMBER KRUSE is recusing from item 6 as she owns property within 1000 feet of the proposed site.
COUNCIL MEMBER ROSE
- Asked if BNSF had any plans for the property.
MAYOR PRO TEM NOBLE
- Asked how long the property has been vacant.
BNSF LAND USE ACQUISITION CONSULTANT, COLLIN STEVENS
- Responded that there are no current plans for the property and it has been vacant since October of 2023.
SPEAKERS:
IRA GWIN, BARSTOW, CALIFORNIA
- Inquired about the purchasing process of the property.
COUNCIL MEMBER KRUSE RETURNED TO THE MEETING AT 8:24 P.M.
RESULT: APPROVED [3 TO 0]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Rose, Hernandez
ABSENT: Courtney
RECUSED: Kruse
7. REALLOCATION OF FUNDS FOR EQUIPMENT PURCHASES
Recommended Action:
Staff recommends that the City Council take the following actions: Authorize the reallocation of $108,192.25 from Measure Q Park Improvements account to cover the shortfall in the Fogelson Lights project budget. This action will allow the project to proceed without delay and ensure completion as planned.
ASSISTANT CITY MANAGER, KODY TOMPKINS
- Presented the staff report as filed with the City Clerk's office.
COUNCIL MEMBER KRUSE,
- Asked if solar was an option
Minutes-July 1, 2024
COUNCIL MEMBER ROSE
- Asked why the cost increased in a short time.
ASSISTANT CITY MANAGER, KODY TOMPKINS
- Responded to the questions asked of Council, said solar is being looked at for a different park and said the increase of is due to that the original proposal for lights was done a few years ago and the cost of construction and inflation.
SPEAKERS:
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Inquired where this funding is coming from.
ASSISTANT CITY MANAGER, KODY TOMPKINS
- Provided additional information of funding
COUNCIL MEMBER ROSE
- Asked for proof of transfer be provided to Council.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSENT: Courtney
8. RESOLUTION NO. 5171-2024 TO INITIATE PROCEEDINGS TO REAFFIRM THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS AND ORDERING THE CITY ENGINEER TO PREPARE AN ENGINEER’S REPORT FOR LANDSCAPING ASSESSMENT DISTRICT #1, STREET MAINTENANCE ASSESSMENT DISTRICT #1, STREET LIGHTING ASSESSMENT DISTRICT #1, AND FLOOD CONTROL ASSESSMENT DISTRICT #1
Recommended Action:
Approve Resolution No. 5171-2024 to initiate proceedings to reaffirm the levy and collection of annual assessments and order the City Engineer to prepare an Engineer’s Report for Landscaping Assessment District #1, Street Maintenance Assessment District #1, Street Lighting Assessment District #1, and Flood Control Assessment District #1, and waive the full reading.
FIRE MARSHALL/BUILDING OFFICIAL, CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk's office.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSENT: 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 REEQUIRED, 48 HOUR NOTICE MUST BE GIVEN TO THE CITY CLERK.
Minutes-July 1, 2024
SPEAKERS:
ANA FUZIE, BARSTOW, CALIFORNIA
- Asked for Measure Q funds for Barstow Senior Center and provided information on the different programs they offer at the center.
ET SNELL, NEWBERRY SPRINGS CALIFORNIA
- Asked about the positions the Chief holds.
JOHN HARRIS, BARSTOW, CALIFORNIA
- Spoke of interactions with city officials.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked why the speed study was not given to the Planning Commission or Street Committee for review, concerns over the approved MOU increase for the fire department and where the source of the funding will come from and asked about a Measure Q meeting
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Asked why Planning Commissions agenda were not available to public.
JIM BROWN, BARSTOW, CALIFORNIA
- Concerned about the speed on Riverside Drive
STAFF REPORTS:
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Thanked all for participating with the event at Lillian Park.
CAPTAIN, ARTHUR DANIEL
- Reminded all as we approach 4th of July to celebrate with safe and sane fireworks and to be safe.
ACTING FIRE CHIEF, CORY CISNEROS
- Reiterated to stay safe during the Fourth of July Holiday.
COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER HERNANDEZ
- Will be attending SBCTA AND SCOG
COUNCIL MEMBER KRUSE
- Attended Rules and Policies
COUNCIL MEMBER ROSE
- Homeward Bound meeting on July 10th.
- Rules and Policy, next meeting July 30th
NOBLE
- Attended VVTA.
BUSINESS OF THE COUNCIL:
COUNCIL MEMBER HERNANDEZ
- Spoke of the mobile home park situation
- Asked the community to support the local fireworks stands.
Minutes-July 1, 2024
COUNCIL MEMBER KRUSE
- Attended the ribbon cuttings for Burger King and Starbucks and wanted to rely to the Building Department that the Franchise owners were very pleased with City staff.
COUNCIL MEMBER ROSE
- None
MAYOR PRO TEM NOBLE
- Attended the change of command at MCLB
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 9:12 PM in honor of Terry Curran.
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