BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
AUGUST 19, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-August 19, 2024
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the Closed Session meeting to order at 6:00 P.M.
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER HERNANDEZ led the Pledge of Allegiance.
ROLL CALL:
Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Absent
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.
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 Minutes-August 19, 2024
PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK. SPEAKERS:
PUBLIC COMMENT - CLOSED SESSION:
SPEAKERS:
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Spoke in regards to the number of lawsuits.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Rose, Courtney, Hernandez
ABSENT: Noble, 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: 4
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider four items regarding potential 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):
ROLL CALL:
Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Absent
Marilyn Dyer Kruse Council Member Absent
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Present
Carmen Hernandez Council Member Present
INVOCATION:
JUN SAVOIE with DESERT FIRE WORLD MINISTRIES gave the invocation.
Minutes-August 19, 2024
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER HERNANDEZ led the Pledge of Allegiance.
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
COUNCILMEMBER ROSE requested that Item 7 be pulled for discussion.
Motion by COUNCILMEMBER ROSE and seconded by COUNCILMEMBER HERNANDEZ and unanimously carried to approve the agenda pulling item 7 for discussion.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Rose, Courtney, Hernandez
ABSENT: Noble, Kruse
PRESENTATIONS:
2. CALIFORNIA 300 PRESENTATION
Recommended Action:
Presentation only.
MATT MARTELLI, CALIFORNIA 300
- Provided an update on their upcoming event California 300.
SPEAKERS:
RODNEY BRAND JR. BARSTOW, CALIFORNIA
- Spoke of the great things the California 300 brings to the city.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Inquired about wildlife and the mention of the revenue that this event brings to the city.
Minutes-August 19, 2024
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Spoke of the local racers and would like for the city to provide support to the event.
RESULT: PRESENTATION ONLY
3. CHEMEHUEVI INDIAN TRIBE PROJECT UPDATE
Recommended Action:
Presentation only.
GLEN LODGE, CHAIRMAN
- Provided an update and their progress.
SPEAKERS:
RODNEY BRAND, BARSTOW, CALIFORNIA
- Spoke of the good things coming to the city.
WILLIAM QUIMBY, BARSTOW, CALIFORNIA
- Thanked staff for the support given to the race and casino project.
TIM SILVA, BARSTOW, CALIFORNIA
- Thanked Tribe for the update given and asked of the timeline for MSA.
ROBERTO OLIVAS, BARSTOW, CALIFORNIA
- Thanked staff for the support of the casino and the jobs it will create.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke of the length of time on bringing the casino.
ANTHONY JOHNSON, LAND OWNER
- Thanked Chairman Lodge for bringing a casino and bringing economic investments and jobs.
KAMBIS MORIDI, LANDOWNER
- Spoke of the reasons there were delays in bringing the casino.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Inquired about other amenities that are proposed and the revenue that would bring the city.
COUNCIL MEMBER ROSE
- Thanked the Chairman Lodge for the update and all the good it will bring the city.
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.
MINUTES ALL AGENCIES:
4. MINUTES CC BFPD - JULY 1, 2024, AT 6:00 P.M.
Recommended Action:
Minutes-August 19, 2024
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Rose, Courtney, Hernandez
ABSENT: Noble, Kruse
5. MINUTES REGULAR MEETING - JULY 15, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Rose, Courtney, Hernandez
ABSENT: Noble, Kruse
ACCOUNTS PAYABLE ALL AGENCIES:
CITY COUNCIL:
6. CORRECTION - 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. 5181-2024 (Attachment A), thereby approving the Engineer’s Report, and waive the full reading.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Rose, Courtney, Hernandez
ABSENT: Noble, Kruse
7. FY2023/2024 PROPOSED BUDGET AMENDMENT FOR YEAR-END CLEAN-UP
ADJUSTMENTS
Recommended Action:
Staff recommends the City Council approve the amendments to various funds and accounts in the City's adopted FY2023/2024 Operating and Capital Improvement Budget as outlined in the attached proposed Budget Amendment (Attachment A).
FINANCE DIRECTOR, SYDNEY HARRIS
- Presented the staff report as filed with the City Clerk’s office.
COUNCIL MEMBER ROSE
- Asked if the city is waiting for reimbursements.
FINANCE DIRECTOR, SYDNEY HARRIS
- Said the city is waiting on reimbursement for the bridge project.
Minutes-August 19, 2024
SPEAKERS:
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Inquired about the totals of Measure Q.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Rose, Courtney, Hernandez
ABSENT: Noble, Kruse
8. ACCEPTANCE OF THE FY 2021 HOMELAND SECURITY GRANT PROGRAM (HSGP)
AWARD AS A SUB-RECIPIENT THROUGH THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT, OFFICE OF EMERGENCY SERVICES.
Recommended Action:
Authorize staff to accept the sub-recipient award of the FY 2021 Homeland Security Grant Program (HSGP) award in the amount of $15,241 and to appropriate funds in the amount of $15,241 to account numbers as follows:
1. FY 2021 Homeland Security Grant Program (HSGP)
a. Expenditure - 217.217.217.07.732
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Rose, Courtney, Hernandez
ABSENT: Noble, Kruse
9. MEASURE I YEAR-END -UPDATE 2023/2024 REVISED
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Approve the necessary adjustments to the Measure I Capital Improvement Projects, per Attachment A, and associated expenditure and revenue transfer accounts to/from the Measure I Fund (209) and the Capital Improvement Project (CIP) Fund (400).
2. Direct staff to forward the report to SBCTA.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Rose, Courtney, Hernandez
ABSENT: Noble, Kruse
SPEAKERS:
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Inquired about the totals on the report.
10. RESOLUTION ADOPTING THE 2023-2027 MEASURE I FIVE YEAR CAPITAL IMPROVEMENT
PROGRAM
Recommended Action:
Minutes-August 19, 2024
Staff recommends that the City Council enact the following actions:
1. Approve Resolution No. 5182-2024 adopting the City of Barstow's Measure I Capital Improvement Program for Fiscal Year 2024/2025 through 2028/2029 and waive the full reading.
2. Direct staff to forward a copy of the adopted resolution to SBCTA RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Rose, Courtney, Hernandez
ABSENT: Noble, Kruse
SPEAKERS:
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked why this item was not presented to the Street Committee.
11. RESOLUTION TO ADOPT PROJECTS FUNDED BY SB1 FOR FY 2023-2024: THE ROAD
REPAIR AND ACCOUNTABILITY ACT
Recommended Action:
1. Staff recommends that the City Council approve Resolution No. 5183-2024, adopting the projects list (Attachment A) funded by SB 1 and waive the full reading in its entirety.
2. Direct staff to forward the project list and resolution to the California Transportation Committee.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Rose, Courtney, Hernandez
ABSENT: Noble, 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)
PUBLIC HEARINGS:
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW DECLARING A
PROTEST HEARING FOR PROPERTY ABATEMENT COSTS AND PENALTIES FOR AUGUST 19, 2024 AT 7:00 PM
Recommended Action:
Conduct a protest hearing. Subject to testimony received, adopt attached Resolution No. 5176- 2024, making determinations and confirming Assessments and Proceedings for the unpaid nuisance abatement fees, and waive the reading.
CODE ENFORCEMENT, MARISSA UNI
- Presented the staff report as filed with the City Clerk's office.
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 8:02 P.M.
SPEAKERS:
VIRGINIA BROWN, BARSTOW CALIFORNIA
- Asked if this would continue to address other properties.
Minutes-August 19, 2024
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Inquired who Code is allowed to give citations to and what type of training is Code to be given.
CITY ATTORNEY, MATTHEW SUMMERS
- Responded to question that members of the public can’t cite the City but can report the issue and council can direct staff to fix the issue.
MAYOR COURTNEY CLOSED THE PUBLIC EARING AT 8:07 P.M.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Rose, Courtney, Hernandez
ABSENT: Noble, Kruse
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
13. A RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY
FOR LOCAL ROADWAY SAFETY PLAN (LRSP) FUNDING
Recommended Action:
Staff recommends the City Council take the following actions:
1. Waive the reading in full.
2. Adopt Resolution No. 5184-2024 authorizing the City Manager to execute the Master Agreement and Program Supplemental Agreement that must be executed on behalf of the City as part of the California Department of Transportation's funding process.
3. Authorize the revenue budget for the LRSP Grant for $72,000 in the Reimbursable Grant Fund, account number 217.217.116.672.
4. Appropriate $72,000.00 to the Reimbursable Grant Fund, as expenditure in account number 217.217.217.07.745. Appropriate the required City match of $8,000 from available funds in the Local Transportation Fund (LTF), account number 235.235.235.07.745.
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: Paul Anthony Courtney, Mayor
AYES: Rose, Courtney, Hernandez
ABSENT: Noble, Kruse
14. ADOPTION OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BARSTOW FIRE
PROTECTION DISTRICT REQUESTING THE SAN BERNARDINO COUNTY LOCAL AGENCY
FORMATION COMMISSION INITIATE PROCEEDINGS FOR ANNEXATION OF THE BARSTOW WASTEWATER TREATMENT PLANT, AND FINDING CEQA EXEMPTION (14 CCR 15320).
Recommended Action:
It is recommended by staff that the Board of Directors approve the attached BFPD Resolution No.
Minutes-August 19, 2024
73-2024 making the necessary findings.
Attachments:
1. Exhibit A: Map of Proposed Annexation
2. Exhibit B: BFPD Resolution No. 73-2024
3. Exhibit C: Application and Preliminary Environmental Description
4. Exhibit D: Supplement Annexation, Detachment, Reorganization Proposals
5. Exhibit E: Plan for Service
6. Exhibit F: Fiscal Impact Analysis
MATTHEW SUMMERS
- Presented the item as filed with the City Clerk's office.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Rose, Courtney, Hernandez
ABSENT: Noble, 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 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
TIM SILVA, BARSTOW, CALIFORNIA
- Spoke of the landscape issues on Borrego and Rimrock
VIVIAN JORDAN, BARSTOW, CALIFORNIA
- Spoke of issues around the city.
PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Asked what the city is doing for the children.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke of the members on MEASURE Q Committee
JIM BROWN, BARSTOW, CALIFORNIA
- Spoke of the jobs coming from the BIG project.
VIRGINIA BROWN, BARSTOW CALIFORNIA
- Asked about the Interim City Manager's update regarding Environmental Justice.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Spoke about the things he said and his intentions.
STAFF REPORTS:
15. CITY MANAGER'S JULY 2024 UPDATE
Recommended Action:
Receive and file.
INTERIM CITY MANAGER, ANDREW ESPINOZA
- Said staff is working on a Strategic Plan for Measure Q meeting that will be on August 27th Minutes-August 19, 2024
RESULT: PRESENTATION ONLY
COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Homeward Bound - Dark in August
- Asked for a Motion to add the Community Promotional Fund Policy to the August 27th Rules and Policy Meeting, Seconded by COUNCIL MEMBER HERNANDEZ.
COUNCIL MEMBER HERNANDEZ
- Attended the SBCTA Metro Meeting
- And the Street Committee on August 7th
MAYOR COURTNEY
- Spoke of the funding given to Barstow Non Profits for housing individuals.
BUSINESS OF THE COUNCIL:
COUNCIL MEMBER ROSE
- Asked for the update on the bridge
- Asked for a Motion to bring the remainder of the applicants for the Community Promotional Funds that are completed to the next meeting, Seconded by COUNCIL MEMBER HERNANDEZ.
COUNCIL MEMBER HERNANDEZ
- Asked that the issues with the branches be addressed
- Agreed that an emergency plan is needed for Riverside Drive.
MAYOR COURTNEY
- Spoke of on-going issues.
COUNCIL MEMBER ROSE LEFT THE MEETING AT 9:14 PM.
CITY ATTORNEY, MATTHEW SUMMERS
- Announced with COUNCILMEMBER ROSE departure the meeting lost quorum and must adjourn.
ADJOURNMENT:
Meeting was adjourned at 9:15 P.M. due to lack of quorum.
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