REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
OCTOBER 21, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
REGULAR MEETING
Minutes-October 21, 2024
CALL TO ORDER - CLOSED SESSION:
MAYOR PRO TEM NOBLE called to order the Closed Session meeting to order at 6:01PM.
PLEDGE OF ALLEGIANCE:
MAYOR PRO TEM NOBLE, led in the Pledge of Allegiance.
ROLL CALL:
Attendee Name Title Status Arrived
Paul Anthony Courtney * Mayor Present
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse ** Council Member Present
Carmen Hernandez Council Member Present
Barbara Mae Rose Council Member Present
* MAYOR COURTNEY participated remotely utilizing Just Cause under AB 2449 of the Brown Act. **COUNCILMEMBER 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 HAND 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-October 21, 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:
None
MOTION TO GO INTO CLOSED SESSION:
Motion by COUNCIL MEMBER ROSE, Second by COUNCIL MEMBER HERNANDEZ.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Hernandez, Rose, Noble, Kruse, Courtney
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. (Government Code Section 54956.9(e)(1))
Number of Potential Cases: 1.
2. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Titles: Interim City Manager and City Manager
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider one item regarding potential of litigation against the city and the second item regarding Pubic Employment for the Interim City Manager. Direction was provided to the Council and staff and took no reportable action. - A Special meeting will be considered for a possible Los Coyotes agreement on October 28th 6:00PM.
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 7:52 P.M.
INVOCATION:
MAYOR PRO TEM NOBLE gave in the invocation.
Minutes-October 21, 2024
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER ROSE 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
**COUNCILMEMBER 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.
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 ROSE, seconded by COUNCIL MEMBER HERNANDEZ, and unanimously carried, to approve the agenda with corrections to Item 4, and pulling items 5 and 7 for discussion.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Barbara Mae Rose
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Hernandez, Rose
ABSENT: Courtney
PRESENTATIONS:
3. UPDATE ON PUBLIC WORKS PROJECTS
Recommended Action:
Presentation only.
THOMAS ALVA, PUBLIC WORK WORKS SUPERINTENDENT
Minutes-October 21, 2024
- Gave a presentation on projects that have been completed by the Public Works Department.
COUNCIL MEMBER ROSE
- Asked when Cora Harper would reopen and who selects the groups that are allowed to use the facility and inquired about the score boards at Lillian Park.
THOMAS ALVA, PUBLIC WORK WORKS SUPERINTENDENT
- Said the scoreboards will be repaired, but they are prioritizing projects.
MAYOR PRO TEM NOBLE
- Asked if there was a plan to repair the shade at the Sports Park.
THOMAS ALVA, PUBLIC WORK WORKS SUPERINTENDENT
- Said staff has looked into replacing it but it
COUNCIL MEMBER ROSE, asked for a SECOND to do a workshop and discuss the cost and timeline of the park projects, SECOND by COUNCIL MEMBER HERNANDEZ to include it on the week of November 18th.
SYDNIE HARRIS, FINANCE DIRECTOR
- Mentioned that the Interim City Manager and staff were already working on a strategic plan.
SPEAKERS:
LEONARD WILLIAMS
- Spoke of the priority list asked for information regarding and asked if a cost analysis was done for a splash pad and the timeline for the reopening of Cora Harper.
JOHN WILLIAMS
- Spoke of the deficiencies in our structures and made recommendations on issues with the parks.
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 JOINT SPECIAL COUNCIL / BFPD - OCTOBER 7, 2024 5:00 P.M.
Recommended Action:
Approve the minutes as presented.
CITY CLERK ANDREA FLORES
- Stated there were date, time, and spelling errors and the amended minutes will reflect these changes.
Minutes-October 21, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Hernandez, Rose
ABSENT: Courtney
CITY COUNCIL:
5. COMMUNITY PROMOTIONAL FUND APPLICATION FROM GROWING OUTREACH
GROWING OPPORTUNITIES
Recommended Action:
Staff recommends that the Council authorize a Community Promotional Fund donation of $1,000 along with $750 of in-kind fee waiver contributions to Growing Outreach Growing Opportunities.
MARIBEL HERNANDEZ, CITY CLERK SERVICES MANAGER
- Presented the staff report as filed with the City Clerk’s office.
RENITA WICKES, SPIRIT OF GIVING
- Spoke of the amount of families they want to help assist during their event.
ELIZABETH GIVENS, GO GO BARSTOW
- Spoke of the collaboration with other nonprofits within the City.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Hernandez, Rose
ABSENT: Courtney
6. RESOLUTION NO. 5190-2024 FOR A TEMPORARY STREET CLOSURE WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH SECTION 21101(E) OF THE CALIFORNIA VEHICLE
CODE FOR THE HALLOWEEN TRUNK-OR-TREAT
Recommended Action:
Adopt Resolution No. 5190-2024 for a Temporary Street Closure within the City of Barstow in Accordance with Section 21101(E) of the California Vehicle Code for the Halloween Trunk-OrTreat and waive the full reading.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Hernandez, Rose
ABSENT: Courtney
7. ACCEPTANCE OF THE DEPARTMENT OF TOXIC SUBSTANCE CONTROL (DTSC) OFFICE
OF BROWNFIELDS EQUITABLE COMMUNITY REVITALIZATION GRANT (ECRG) AWARD Recommended Action:
Authorize staff to accept the Equitable Community Revitalization Grant (ECRG), Community-wide Assessment (CWA) grant award in the amount of $700,000 and to appropriate funds in the amount of $700,000 to a reimbursable account to be established by the Finance Department following acceptance.
Minutes-October 21, 2024
GENESIS CRANK, PLANNING AND COMMUNITY DEVELOPMENT ADMINISTRATOR - Presented the staff report as filed with the City Clerk's office.
COUNCIL MEMBER HERNANDEZ
- Thanked staff for going after funding.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Hernandez, Rose
ABSENT: Courtney
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)
BUSINESS / ACTION ITEMS:
None
PUBLIC HEARINGS:
None
CITY COUNCIL:
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.
CITY CLERK ANDREA FLORES
- State COUNCIL MEMBER KRUSE left the meeting at 9:15 P.M. and quorum is still present.
SPEAKERS:
COUNCIL MEMBER ROSE
- Called for point of order, to receive and file the written public comment received by Mike Hernandez.
ANNA FUZIE, BARSTOW, CALIFORNIA
- Wanted to thank staff for their assistance at the Senior Center and clarified Home Delivery Meals of food services.
TIM SILVA, BARSTOW, CALIFORNIA
- Spoke of the Dignitary Diner, and how it was funded.
CATHERINE RINGLESTETTER, BARSTOW, CALIFORNIA
- Spoke of the vehicles traveling at a high rate of speed.
TIFFANY GIBBONS, BARSTOW, CALIFORNIA
- Expressed concerns about some city staff members and those city staff members sitting on the Community Cannabis Committee.
Minutes-October 21, 2024
JOHN HARRIS, BARSTOW, CALIFORNIA
- Attended the BIG update and thought there were items not discussed such as traffic.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Inquired about the increase of work with Public Works and how has it impacted their budget and also inquired about the Dignitary Diner and why was there a candidate present.
TED WEASMA, BARSTOW, CALIFORNIA
- Spoke of an incident that occurred on October 9th and was concerned with the response from PD.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Read a statement from MIKE HERNANDEZ, in support of COUNCIL MEMBER HERNANDEZ for Mayor.
E.T. SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Spoke of the actions of the Council and inquired about the deal with the Marriott.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Spoke of individuals attending the Dignitary Diner.
JIM BROWN, BARSTOW, CALIFORNIA
- Spoke of holding people accountable.
STAFF REPORTS:
8. CITY MANAGER'S SEPTEMBER 2024 UPDATE
Recommended Action:
Receive and file.
RESULT: PRESENTATION ONLY
COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER HENANDEZ
- Mojave Air Quality Meeting on October28th.
- Invited all to attend Street Committee on November 6th. - Homeward Bound - discussed the funding that New Life Fellowship received from the County.
COUNCIL MEMBER ROSE
- Rules and Policy is October 29th
MAYOR PRO TEM NOBLE
- VVTA no items concerning Barstow. Next meeting will be November18th here in Barstow.
BUSINESS OF THE COUNCIL:
COUNCIL MEMBER HERNANDEZ
- Received a call regarding the process of the Rental Program and inquired how the program runs. - Also inquired about the new bus stops.
- Thanked all that who have asked about her husband.
COUNCIL MEMBER ROSE
- Asked for City to reach out to Megan Cardenas
- Also inquired about the new bus stops.
Minutes-October 21, 2024
- Motioned, seconded by MAYOR PRO TEM NOBLE for an update of Measure Q Members. - Thanked all who participated in the Mardi Gras Parade and asked for Community Benefits Fund be used to help expand the parade.
MAYOR PRO TEM NOBLE
- Asked for copies of the Community Benefits Fund policy and requirements to be provided to all Council Members.
MARIBEL HERNANDEZ, CITY CLERK SERVICE MANAGER
- Stated the Community Benefits will be going to Rules and Policy to begin setting policy for this fund.
MATTHEW SUMMERS, CITY ATTORNEY
- Suggested that MAYOR PRO TEM NOBLE make a request for a Council workshop the Community Benefits Workshop with a second.
- Motioned, seconded by COUNCIL MEMBER ROSE to request a Council workshop for Community Benefits Fund.
- Asked how Public Works budget has been affected with all the work that has been done.
CHRIS HELDRETH, COMMUNITY DEVELOPMENT DIRECTOR
- Provided information that $170,000 was budgeted for the current Fiscal Year and the amount of $13,000 has been used, to date, which is 8% of the total budgeted amount.
MAYOR PRO TEM NOBLE
- Asked MATTHEW SUMMERS, CITY ATTORNEY for the order of the Community Benefits Workshop.
MATTHEW SUMMERS, CITY ATTORNEY
- Recommended the Community Benefits Workshop go to Rules and Policy and then be brought to a COUNCIL WORKSHOP for all 5 Council members to consider.
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 10:08 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