BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
AUGUST 5, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-August 5, 2024
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY opened the closed session meeting at 6:00PM.
INVOCATION:
MAYOR PRO TEM NOBLE
- Gave the invocation.
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER HERNANDEZ
- 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 Present
Carmen Hernandez Council Member Present
*COUNCIL MEMBER DYER KRUSE participated remotely under Attorney General Opinion #23-1002 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.
Minutes-August 5, 2024
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. SPEAKERS:
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Spoke of the items listed in closed session.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Council Member
AYES: Noble, Rose, Courtney, Hernandez
ABSENT: Kruse
CLOSED SESSION AGENDA ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL: POTENTIAL FOR LITIGATION AGAINST THE CITY 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: Ellis v. City of Barstow, San Bernardino County Superior Court Case No. CIV-SB2307680
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Recommended Action:
(Government Code Section 54957)
Title: Interim City Manager
4. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: Barstow Fire Protection District Fire Chief & Command Staff Minutes-August 5, 2024
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider four items.
Items 2,3 and 4 all Council were present, Council considered litigation Ellis versus City of Barstow, performance for the Interim City Manager and Barstow Fire District Chief and Command staff, and provided direction to staff and Council and took no reportable action. - Item 1, the council met with four council members with COUNCIL MEMBER ROSE recused regarding one item of potential litigation against the city and also took 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 7:19 P.M.
INVOCATION:
PASTOR MIKE SMITH SR. FROM BETHANY CHRISTIAN CHURCH gave the invocation.
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER HERNANDEZ led the pledge of allegiance.
ROLL CALL:
Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse Council Member Absent
Barbara Mae Rose Council Member Present
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 Minutes-August 5, 2024
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, to pull item 9 for discussion.
INTERIM CITY MANAGER, ANDREW ESPINOZA JR. would like to pull item 10, and return it to the August 19, 2024 meeting.
COUNCIL MEMBER ROSE, requested to pull items 5 and 9 and would like for Council to consider discussing item 10.
MOTION BY COUNCILMEMBER HERNANDEZ, SECONDED BY MAYOR PRO TEM NOBLE AND UNANIMOUSLY CARRIED TO APPROVE THE AGENDA PULLING ITEMS 5, 9, AND 10 FOR DISCUSSION.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Carmen Hernandez
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney, Hernandez
ABSENT: Kruse
PRESENTATIONS:
None
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:
None
ACCOUNTS PAYABLE ALL AGENCIES:
None
CITY COUNCIL:
5. CONSIDERATION TO CANCEL THE CITY COUNCIL MEETING SCHEDULED FOR SEPTEMBER 2, 2024
Recommended Action:
Cancel the September 2, 2024, City Council meeting.
COUNCIL MEMBER ROSE
- Requested to move meeting to Tuesday, September 3, 2024 as to not go almost a month with no meeting.
Motion by COUNCIL MEMBER ROSE, no second. Motion died due to lack of a second.
Minutes-August 5, 2024
Motion by COUNCIL MEMBER HERNANDEZ, seconded by MAYOR COURTNEY to vote on item as presented to cancel September 2,2024 council meeting and carried by a 3-1-1 vote.
RESULT: APPROVED [3 TO 1]
MOVER: Carmen Hernandez, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Courtney, Hernandez
NAYS: Rose
ABSENT: Kruse
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW DECLARING FOR A
PROTEST HEARING FOR PROPERTY ABATEMENT COSTS AND PENALTIES FOR AUGUST 19, 2024 AT 7:00 PM
Recommended Action:
Staff recommends to Conduct a protest hearing. Subject to testimony received, adopt the attached Resolution No. 5176-2024, Making Determinations and Confirming Assessments and Proceedings for Unpaid Nuisance Abatement Fees, and waive the full reading.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney, Hernandez
ABSENT: Kruse
7. SECOND READING OF ORDINANCE NO. 1024-2024 OF THE CITY OF BARSTOW AMENDING CHAPTER 2.24 REGARDING THE PLANNING COMMISSION Recommended Action:
The Rules and Policies Committee recommends the City Council adopt Ordinance No. 1024- 2024.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney, Hernandez
ABSENT: Kruse
8. FY 2024-2025 PUBLICLY AVAILABLE PAY SCHEDULE (PAPS) FOR FY 2024-2025 BUDGETED POSITIONS AND FY 2024-2025 NEWLY ADDED POSITIONS Recommended Action:
Staff recommends that the City Council adopt Resolution No. 5177-2024 approving the publicly available pay schedule (PAPS) (Attachment A) for FY 2024-2025 with an effective date of July 1, 2024.
Minutes-August 5, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney, Hernandez
ABSENT: Kruse
9. CITY COUNCIL GOALS - 2024-2025
Recommended Action:
Staff is requesting that Council approve the report as presented and instruct staff to proceed with the goals set by the Council.
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Presented the staff report as filed with the City Clerk's office.
COUNCIL MEMBER HERNANDEZ
- Said she pulled the item so that information could be provided as to funding and timeline.
FIRE MARSHALL/BUILDING OFFICIAL,
- Spoke of the cost of construction projects.
SPEAKERS:
TIM SILVA, BARSTOW, CALIFORNIA
- Spoke of the goals presented and asked of the status of Los Coyotes Casino.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke of a promise from 1980 regarding street improvements.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Spoke of the amount of employees in the Park's Department and the amount of funds in Measure Q.
JUSTIN HAMPTON, BARSTOW, CALIFORNIA
- Spoke of issues with homeless in the city and activities for the children.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Rose, Courtney, Hernandez
ABSENT: Kruse
10. AWARD OF COMMUNITY PROMOTIONAL FUNDS FOR FISCAL YEAR 2024-2025 Recommended Action:
Authorize the allocation from the Measure Q Fund towards providing in-kind donations of fee waivers in the amount of $32,523 and cash amount of $29,550 for Fiscal Year 2024-2025.
CITY CLERK SERVICES MANAGER, MARIBEL HERNANDEZ
- Presented the staff report as filed with the City Clerk's office.
DAN VIROG, BARSTOW, CALIFORNIA
- President of the United Way spoke of the services they provide the community.
Minutes-August 5, 2024
RENITA WICKES, BARSTOW, CALIFORNIA
- Member of AUSA and Together We Can, spoke of the services they provide to the community and Military Families.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked how the funding is allocated.
PEGGI FRIES, BARSTOW, CALIFIRNA
- Executive Director of Desert Sanctuary asked about the status of her application.
CATHY WILLIAMS, BARSTOW, CALIFORNIA
- President of Babies So Special spoke of her event in October.
MOTION BY COUNCIL MEMBER ROSE, and SECONDED BY COUNCIL MEMBER HERNANDEZ, to approve and award the four complete applicants as follows:
$3000 Barstow Chamber of Commerce Main Street Car Show
$1050 Mojave Valley Mojave Way Boots & Bling
$1323 Babies So Special Light Up the Night
$3000 Barstow Comm Coalition/Desert Sanctuary Community Resource Fair
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Rose, Courtney, Hernandez
ABSENT: Kruse
11. ANNUAL RENEWAL AND REAFFIRMATION OF ASSESSMENT DISTRICT #1 FOR FISCAL YEAR 2024-2025
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Adopt Resolution No. 5178-2024 (Attachment A), thereby approving the Engineer’s Report, and waive the full reading.
2. Adopt Resolution No. 5178-2024, declaring the City’s intention to reaffirm the levy and collection of annual assessment in Fiscal Year 2024/2025 in connection with Landscape Maintenance District No. 1, Street Maintenance District No. 1 Street Lighting Maintenance District No. 1, and Flood Control Maintenance District No. 1 (Attachment B), and waive the full reading.
3. Make Budget Adjustment per the Engineer's Report Attachment 1 "Estimated Revenue and Expenditures", page 9.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney, Hernandez
ABSENT: Kruse
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)
Minutes-August 5, 2024
PUBLIC HEARINGS:
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
12. ADOPTION OF RESOLUTION NO. 5179-2024 ESTABLISHING THE ELIGIBILITY OF THE
CITY OF BARSTOW TO PARTICIPATE IN THE FEDERAL SURPLUS PROPERTY PROGRAM (FSPP)
Recommended Action:
Staff recommends the City Council adopt Resolution No. 5179-2024 authorizing the City Manager or City Manager Designee the ability to establish eligibility through the Federal Surplus Property Program (FSPP).
FIRE MARSHALL/BUILDING OFFICIAL, CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk’s office.
MAYOR PRO TEM NOBLE
- Glad to see the city partnering up to help the community RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney, Hernandez
ABSENT: Kruse
13. ADOPT RESOLUTION NO. 5080-2024, TO QUITCLAIM THE WEST BARSTOW SUBSTATION
PARCEL TO SOUTHERN CALIFORNIA EDISON
Recommended Action:
Approve the Resolution No. 5180-2024, to Quitclaim the West Barstow Substation Parcel to Southern California Edison.
FIRE MARSHALL/BUILDING OFFICIAL, CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk’s office.
CITY ATTORNEY, MATTHEW SUMMERS
- Said our records indicate the City does not own the land and this is just a process to clean up the records.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney, Hernandez
ABSENT: Kruse
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 HOUR NOTICE MUST BE GIVEN TO THE CITY CLERK.
Minutes-August 5, 2024
SPEAKERS:
GILBERT ASA, BARSTOW, CALIFORNIA
- Spoke of sidewalks in the city, and said his rights were violated.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Spoke of the issues in the parks and the conditions of the sidewalks.
KENYANDA REDDY, BARSTOW, CALIFORNIA
- Spoke of the issues with homeless youth. Asked for assistance for Mentor Reddy.
JOHN HARRIS, BARSTOW, CALIFORNIA
- Said he took pictures of potholes in the streets.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke of the positive movement of the Interim City Manager, and asked for clarification of funds.
VIVIAN JORDAN, BARSTOW, CALIFORNIA
- Invited all to attend BowTies for Books NonProfit Bash event on August 16 at Noble Fitness.
ET SNELL, NEWBERRY, CALIFORNIA
- Spoke of the conditions of the City
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Thanked the Interim City Manager and concerns with MAYOR.COURTNEY’S permits from 2018.
JIM BROWN, BARSTOW, CALIFORNIA
- Spoke of the street cleaner and of the phone on the outside of the Police Department.
VIRGINIA BROWN, BARSTOW, CALIFORNIA
- Concerned about Code Enforcement and a home on Carmen and Mesa Street that is falling down.
STAFF REPORTS:
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.,
14. CITY MANAGER'S JUNE 2024 UPDATE
Recommended Action:
Receive and file.
RESULT: PRESENTATION ONLY
BUSINESS OF THE COUNCIL:
COUNCIL MEMBER ROSE
- Homeward Bound meeting is scheduled for August 13th.
- Rules and Policy, continued review of the Council Handbook and scheduled for August 27th
MAYOR PRO TEM
- Attended Military Affairs
- VVTA will be on August 19th in Barstow.
- Will attend JPA meeting for COUNCIL MEMBER KRUSE.
Minutes-August 5, 2024
COUNCIL MEMBER HERNANDEZ
- Street Committee Meeting will be at 3pm on August 7th.
COUNCIL COMMENTS:
COUNCIL MEMBER ROSE
- None
MAYOR PRO TEM NOBLE
- Attended the Mayor - Mayor Pro Tem meeting in Victorville - Graduation for the Barstow Police Explorers
COUNCIL MEMBER HERNANDEZ
- Also attended the graduation of the Explorers and asked for staff to address the home on Carmen and Mesa and asked that staff address the issues with Code Enforcement
MAYOR COURTNEY
- Attended the event at Dana Park and spoke of the park conditions and glad to hear training for Code Enforcement.
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 9:42 P.M.
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