REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
NOVEMBER 18, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
REGULAR MEETING
Minutes-November 18, 2024
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the Closed Session meeting to order at 6:00 P.M.
INVOCATION:
MAYOR PRO TEM JAMES NOBLE 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, PLEASE
SO INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HANDING IT TO THE CITY CLERK PRIOR TO THE AGENDA ITEM EING ADDRESSED. 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-November 18, 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 'TEX WILLIAMS, BARSTOW, CALIFORNIA
- Spoke of the amount of open litigation cases.
CLOSED SESSION AGENDA ITEMS:
1. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: Interim City Manager and City Manager
2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Recommended Action:
(Government Code Section 54956.9(d)(4))
Number of Potential Cases: 1.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney, Hernandez
ABSENT: Kruse
REPORT OF CLOSED SESSION:
MATTHEW SUMMERS, CITY ATTORNEY
- The City Council met in Closed Session to consider two items. Item one Public Employment regarding the Interim City Manager and City Manager and the second, on the potential initiation of litigation. Direction was provided to staff and Council and took no reportable action on both items.
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 7:02 P.M.
INVOCATION:
DIANE LOPEZ from CROSSROADS ASSEMBLY gave the invocation.
PLEDGE OF ALLEGIANCE:
MAYOR PRO TEM NOBLE led the Pledge of Allegiance.
Minutes-November 18, 2024
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.
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.
COUNCIL MEMBER ROSE
- Requested item 3, Presentation for Fernando Baca, be tabled to the next scheduled meeting.
COUNCIL MEMBER HERNANDEZ
- Requested items 7 and 8 be pulled for further discussion.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
PRESENTATIONS:
3. PRESENTATION OF PROCLAMATION TO FERNANDO "FRED" R BACA Recommended Action:
Present a proclamation Presentation to Fernando "Fred" R Baca in recognition of his outstanding service and contributions to the Barstow community.
RESULT: PRESENTATION ONLY - CONTINUED Next: 12/2/2024 6:00 PM Minutes-November 18, 2024
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 REGULAR MEETING - OCTOBER 21, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
ACCOUNTS PAYABLE ALL AGENCIES: NONE
CITY COUNCIL:
5. APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE LEAGUE OF CALIFORNIA CITIES - NEW LAW SEMINAR, DECEMBER 11 - 13, IN NAPA, CA Recommended Action:
Approve travel for City Clerk Andrea Flores to the League of California Cities City Clerk New Law Seminar on December 11 - 13, 2024, in Napa CA.
SPEAKERS:
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Glad to see staff attend training.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
6. RESOLUTION NO. 5193-2024 FOR A TEMPORARY STREET CLOSURE WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH SECTION 21101(E) OF THE CALIFORNIA VEHICLE
CODE FOR THE CHRISTMAS TREE LIGHTING EVENT
Recommended Action:
Adopt Resolution No. 5193-2024 for a Temporary Street Closure Within the City of Barstow in Accordance with Section 21101(E) of the California Vehicle Code for the Christmas Tree Lighting Event and waive the full reading.
Minutes-November 18, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
DISCUSSION / ACTION ON DEFERRED ITEMS:
7. AWARD OF COMMUNITY PROMOTIONAL FUNDS FOR MOJAVE DESERT GEM AND
MINERAL SOCIETY
Recommended Action:
The City Council approve in-kind donations of fee waivers totaling $2,50 for the use of the Harvey House during the Annual Mojave Desert Gem and Mineral Show, scheduled for December 6, 7, and 8, 2024.
COUNCIL MEMBER HERNANDEZ
- Said the reason she pulled the item was to discuss with the 501c3 status and that the applicant did provide proof that they have taken the necessary steps to correct it.
CITY CLERK SERVICES MANAGER, MARIBEL HERNANDEZ
- Presented the staff report as filed with the City Clerk's office.
SPEAKERS:
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if the policy had a set timeline.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Said the process is flawed and spoke of the insurance requirements for the event.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney, Hernandez, Kruse
8. APPROVE A THREE (3) YEAR LEASE WITH CALIFORNIA ROUTE 66 MUSEUM Recommended Action:
Approve the three (3) year Lease and Operating Agreement with California Route 66 Museum, for the sum of $1 per year.
COUNCIL MEMBER HERNANDEZ
- Said she pulled this item because of the 3-year lease and also questioned if California Route 66 had a valid 501c3 being the city of only charging $1 per year. She added that staff did verify.
SPEAKERS:
MIKE HERNANDEZ
- Asked why it was not offered to a local person asked how this was advertised.
Minutes-November 18, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Rose, Courtney, Hernandez, Kruse
PUBLIC HEARINGS:
None
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
9. PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BARSTOW AND MAIN STREET MURALS FOR THE PRODUCTION OF "MURALS ALONG MAIN STREET", BARSTOW, CA.
Recommended Action:
1. Determine if the program continues to meet the needs of the community; and
2. If yes, authorize the Mayor to sign the two-year Professional Services Agreement between the City of Barstow and Main Street Murals for $40,000 per year/with quarterly payments of $10,000.00.
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Presented the staff report as filed with the City Clerk’s office.
MAYOR PRO TEM NOBLE
- Asked staff to seek funding from another source in the future.
COUNCIL MEMBER HERNANDEZ
- Asked for the total number of Murals in the City and also would like to see a report on the amount of people that participate in the tours.
COUNCIL MEMBER ROSE
- Said they funding should stay in Measure Q and asked if the City reviews the brochure that is handed out to the community and has seen the wagon around the city giving tours.
SPEAKERS:
MIKE HERNANDEZ
- Spoke of the funding for the Murals suggested a limit be set on Community Promotion Fund, asked if there is a salary paid to any painters, and we have better accountability on money being spent.
JOHN WILLIAMS, BARSTOW, CA
- Said there are a total of 26 murals in the city and expressed concern about using Measure Q funds.
MAYOR COURTNEY
- In support of the Mural program and said it's a good use of money for the community.
Minutes-November 18, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
10. APPROVAL OF A NEW POSITION “COMMUNITY DEVELOPMENT MANAGER” Recommended Action:
. Staff recommends that the Council approve the Community Development Manager position, which will be hired at the discretion of the City Manager. . Adopt Resolution No. 5194-2024, approving the amended publicly available pay schedule (PAPS) (Attachment A) for FY 2024/2025 with an approval date of November 18, 2024.
COMMUNITY DEVELOPMENT DIRECTOR, CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk's office.
MAYOR COURTNEY
- Glad to see this position on the agenda and for staff clarification on the need of personnel.
COUNCIL MEMBER ROSE
- Asked why the funding was not broken down as she had to go thru and calculate the vacant positions.
COMMUNITY DEVELOPMENT DIRECTOR, CHRIS HELDRETH
- Provided the breakdown of the unfunded positions.
COUNCIL MEMBER ROSE
- Moving forward, asked that staff provide a breakdown of funding.
MAYOR PRO TEM NOBLE
- Asked if the job description was done for the position.
COUNCIL MEMBER HERNANDEZ
- Asked if a chart with all the grants available to the city be provided to the Council.
COUNCIL MEMBER ROSE
- Asked if the Council could be given a list of the funded positions.
FINANCE DIRECTOR, SYDNIE HARRIS
- Said that information is contained in the adopted budget.
SPEAKERS:
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked what projects this position would be monitoring and if a progress report could be provided to the Council.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- In support of the position and recommended not hiring an Assistant City Manager and asked why staff time is not being charged to the Military Contracts.
Minutes-November 18, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
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
- Stated COUNCIL MEMBER KRUSE had left the meeting at 8:36 P.M. and quorum was still present.
SPEAKERS:
THERESA TANK, BARSTOW, CALIFORNIA
- Spoke in regards to the amount that has been paid to Route 66 Animal Shelter.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke of cost allocation and the filtration issues with the cannabis locations.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Said the Youth Football and Cheer will be at Sultana competing and asked for the Council to recognize them for their accomplishments.
SONIA REAY, BARSTOW, CALIFORNIA
- Spoke of the issues with her grandmother's neighbor dogs.
BISHOP FREDRICK DARBY, BARSTOW, CALIFORNIA
- New resident to Barstow and working on providing food and clothing to the homeless.
STAFF REPORTS:
11. CITY MANAGER'S OCTOBER 2024 UPDATE
Recommended Action:
Receive and file.
RESULT: PRESENTATION ONLY
COUCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Homeward Bound met on November 13th and received a donation of 400 socks from the Barstow Hospital.
- Point in Count will be January 23rd and asked for residents to volunteer. - Rules and Policies meeting will be on November 26th at 9:00 a.m.
MAYOR PRO TEM NOBLE
- Next VVTA meeting will be January 21st.
- Military Affairs will be December 10th at Los Domingos.
COUNCIL MEMBER HERNANDEZ
Minutes-November 18, 2024
- Attended SBCTA meeting on November 6th.
- Attended SCAG on November 7th.
- And also attended the Desert Mountain League meeting November 15th.
MAYOR COURTNEY
- Attended the Together We Can event.
BUSINESS OF THE COUNCIL:
COUNCIL MEMBER ROSE
- Glad to hear of all the good things happening. I would like to invite the High School Football team to come out and be recognized for their accomplishments.
- Asked that we look into the issues with Channel 6.
- Attended the Veterans event at the Cemetery and also at the cake cutting at the Veterans Home. - Also asked if there was an update on the newly installed bus stops.
MAYOR PRO TEM NOBLE
- Would like to revisit the Air Quality conditions in Lenwood. - Congratulated the High School teams.
- Welcomed Bishop Darby to Barstow
- Also attended the Veterans event
- Will be attending the Ribbon Cutting for 1st Ave Bridge. - And wished all a Happy Thanksgiving
COUNCIL MEMBER HERNANDEZ
- Attended the Veterans Memorial service.
- Asked about the bus stop on Agarita Street.
- Also concerned about Animal Control.
- Congratulated Mr. John Williams.
- Wished all a Happy Thanksgiving
MAYOR COURTNEY
- Reminded all of the Ribbon Cutting, Thursday 9:30am at the Harvey House. - Thanked Main Street Murals and congratulated them on their new contract. - Attended the Marine Corps Ball in Victorville.
- Thanked all new Council Members.
ADJOURNMENT:
By the consensus of the City Council and without objection the meeting was adjourned at 9:28 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 h the City Clerk’s office