BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
DECEMBER 2, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-December 2, 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
Barbara Mae Rose Council Member Present
James M. Noble Mayor Pro Tem Present
Paul Anthony Courtney Mayor Present
Marilyn Dyer Kruse Council Member 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, 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-December 2, 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:
SPEAKERS:
JOHN TEX WILLIAMS, BARSTOW, CALIFORNIA
- Spoke on the number of open litigation cases.
TED WEASMA, BARSTOW, CALIFORNIA
- Spoke of an issue he had with a crime he saw in progress. - Explained his concerns with the police department's lack of response to emergencies from residents.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Rose, Noble, Courtney, Kruse, Hernandez
CLOSED SESSION AGENDA ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL
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, City Manager, and Police Chief REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider two items.
The first item is regarding the Interim City Manager, City Manager, and Police Chief. Direction was provided to staff and Council and took no reportable action, but wanted to note that on tonight‘s agenda for consideration of a contract for those positions.
The second item, the Council considered an item of potential litigation, the Council discussed the litigation risks and potential liabilities from the current animal control animal services situation and will be bringing forward a proposed animal shelter services contract with the Humane Society and animal Minutes-December 2, 2024
control services for public review and comment and Council consideration at the next meeting on December.
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 7:15 P.M.
INVOCATION:
PASTOR JOE VAIL from MOJAVE DESERT 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 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.
Motion by COUNCIL MEMBER ROSE seconded by COUNCIL MEMBER HERNANDEZ to pulled item 5 for further discussion.
Minutes-December 2, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Rose, Noble, Courtney, Kruse, 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.
The City Council presented Fernando "Fred" Baca with a proclamation and thanked him for all his years of dedication.
RESULT: PRESENTATION ONLY
4. PRESENTATION FROM SAN MANUEL
Recommended Action:
Presentation only.
ALBERTO JASSO, SAN MANUEL
- Gave a presentation on the San Manuel Cares Program.
MAYOR COURTNEY
- Thanked them for all they do.
COUNCIL MEMBER HERNANDEZ
- Thanked Mr. Jasso for coming out and sharing the information.
COUNCIL MEMBER ROSE
- Thanked them for the difference they make in people's lives and invited them to attend the December 11 Homeward Bound.
MAYOR PRO TEM NOBLE
- Thanked San Manuel for all they do.
SPEAKERS:
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Thanked them for the presentation.
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:
Minutes-December 2, 2024
ACCOUNTS PAYABLE ALL AGENCIES:
5. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #97439-97648 totaling $3,122,833.17 and wires #1045-1056 totaling $283,874.04, per the Agency breakdown below:
City: $3,294,316.05
Fire: $112,391.16
Successor Agency: $0.00
Grand Total: $3,406,707.21
COUNCIL MEMBER ROSE
- Said the reason she pulled the item was to ask about check no. 97479 for vendor Gina Whiteside for the October 2024 animal services consultant, wanted to know how many more payments of $10K were pending and how many hours per week is she working. - Asked for clarification on check no. 97611 for vendor H Pro LLC for the 2024 Christmas Tree Lighting Event events for $7,690.00
FINANCE DIRECTOR
- Clarify there will be two more payments for the animal services consultant for November and December, the agreement expires in December.
CITY CLERK SERVICES MANAGER, MARIBEL HERNANDEZ
- Some of the items that will be provided by H Pro Events, include a stage, generator, lights, and sound system.
- Explained the event was moved from the Harvey House to the front of City Hall. - Noted the Christmas Tree cost $20K which was more cost effective than renting a tree which would have cost $19K.
- Clarified this money comes out of Measure Q funds.
INTERIM CITY MANAGER ANDREW ESPINOZA JR.
- Explained this money was allocated to be spent on this event when the budget was approved.
COUNCIL MEMBER ROSE
- Noted she does not agree with how money from Measure Q has been spent.
MAYOR COURTNEY
- Expressed his support for the Christmas tree purchase.
COUNCIL MEMBER ROSE
- Noted the public has the right to know where their tax money is being spent.
SPEAKERS:
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Noted she too looked through the list of AP and it is concerned with the way city staff spends taxpayer's money.
MIKE HERNANDEZ. BARSTOW, CALIFORNIA
- Asked for the audit report for the Marriott and how much was collected.
INTERIM CITY MANAGER ANDREW ESPINOZA JR.
- Explained how the budget money has been spent for this event and the 4th of July event.
MIKE HERNANDEZ. BARSTOW, CALIFORNIA
- Asked for clarification on the payment details for the Marriott.
Minutes-December 2, 2024
COUNCIL MEMBER ROSE
- Called for a Point of Order.
CITY ATTORNEY, MATTHEW SUMMERS
- Clarified that there is a check on the register for the Marriott and MR. HERNANDEZ's comments do apply to agenda item 5.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Spoke of the Marriott deal and the award luncheon ck. 97621 for $4,000.
COUNCIL MEMBER ROSE
- Asked for a 5-minute break at 8:26 pm.
MAYOR COURTNEY CALLED THE MEETING TO ORDER AT 8:32 PM.
RESULT: APPROVED [4 TO 1]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Courtney, Kruse, Hernandez
NAYS: Rose
CITY COUNCIL:
DISCUSSION / ACTION ON DEFERRED ITEMS:
None
PUBLIC HEARINGS:
None
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
6. APPROVAL OF SECOND AMENDMENT TO EMPLOYMENT AGREEMENT FOR ANDREW ESPINOZA, JR. AS INTERIM CITY MANAGER, PUBLIC SAFETY DIRECTOR, AND POLICE
CHIEF AND APPROVAL OF SUCCESSOR EMPLOYMENT AGREEMENT FOR ANDREW ESPINOZA, JR. AS POLICE CHIEF
Recommended Action:
Adopt Joint Resolution No. 05-2024 Approving a Second Amendment to the Interim City Manager, Public Safety Director, and Police Chief Employment Agreement, extending its term through April 1, 2025; and a successor Employment Agreement for Mr. Espinoza to continue service to the City as Police Chief for three years.
CITY ATTORNEY, MATTHEW SUMMERS
- Presented the staff report as filed with the City Clerk's office.
COUNCIL MEMBER ROSE
- Mentioned she did not understand why the contract needed to be extended and should have included the Fiscal Impact and also asked about sick leave credits. - Shared some of her concerns with the approval of this contract.
CITY ATTORNEY, MATTHEW SUMMERS
- Said the use of sick leave is consistent with the current MOU for Unit 8.
Minutes-December 2, 2024
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Said he asked the Council to bring this item back as his agreement was due to expire. Mr.
ESPINOZA JR. said the COUNCIL asked him to remain the permanent City Manager for 3 years.
MR. ESPINOZA said he was honored to be considered but wanted to go back and retire as a Police Chief.
SPEAKERS:
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Asked why it took so long to bring the contract back for approval.
TED WEASMA, BARSTOW, CALIFORNIA
- Spoke of the conversion of leave and said it is a normal process and concerned it's taking over 6 months to recruit a new City Manager.
ET SNELL, BARSTOW, CALIFORNIA
- Said this contract is being rushed just like the Marriott deal.
TIM SILVA, BARSTOW, CALIFORNIA
- Thanked MR. ANDREW ESPINOZA JR. for his hard work and asked the COUNCIL to continue the item.
JOHN WILLIAMS
- Said MR. ESPINOZA does a good job and all the residents want is transparency.
JIM BROWN, BARSTOW, CALIFORNIA
- Said the contract should go to the next meeting.
DISCUSSION
COUNCIL MEMBER ROSE
- Mentioned that there is no start or end date of the contract.
Motion by COUNCIL MEMBER NOBLE seconded by MAYOR COURTNEY to move forward with the approval of the contract.
RESULT: APPROVED [4 TO 1]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Courtney, Kruse, Hernandez
NAYS: Rose
7. CONSIDERATION TO CANCEL THE CITY COUNCIL MEETING SCHEDULED FOR JANUARY 6, 2025
Recommended Action:
Cancel the January 6, 2025, City Council meeting.
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Presented the staff report as filed with the City Clerk’s office.
COUNCIL MEMBER ROSE
- Asked when staff will be returning from the Holiday Break.
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Explained how the MOU reads regarding honoring days off to staff if a holiday falls on a day the Minutes-December 2, 2024
city is closed or a weekend.
MAYOR COURTNEY
- Explained his support for approving this agenda item.
SPEAKERS:
None
RESULT: APPROVED [4 TO 1]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Courtney, Kruse, Hernandez
NAYS: Rose
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 ???? P.M. and quorum was still present.
SPEAKERS:
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Asked if Cora Harper was closed, why is it open only to certain people.
TED WEASMA, BARSTOW, CALIFORNIA
- Asked that the Council look back at what they accomplished in 2024 wished all a Merry Christmas.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked about the amount of the Marriott payment and also concerned about the cannabis smell.
THERESA TANK BARSTOW, CALIFORNIA
- Spoke of the Animal Services and the cost analysis.
ANNA FUZZIE, BARSTOW, CALIFORNIA
- Mentioned she was happy to see San Manuel as they helped them with funding the Holiday Meals and thanked Tim Silva for assisting with serving meals.
SONIA REY, BARSTOW, CALIFORNIA
- Provided an update with the dogs and said the situation seems to be corrected asked about the animal control truck and asked why it was not on the A/P run.
STAFF REPORTS:
None
PUBLIC SAFETY UPDATES:
FIRE CHIEF, CORY CISNEROS
- Said there has been an increase in fires due to homeless trying to stay warm and Christmas trees.
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
Minutes-December 2, 2024
- Noted Cora Harper is now open but the courts will be closed from December 12 through January 10 to repair the floors. The rest of the facilities will be open to the public. - Provided an update on the Cannabis locations and said MDAQMD is involved. - Office Delton assisted with the issue with the dogs and also helped secure the fence.
COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Homeward Bound meeting will be December 11th.
- Rules and Policy was cancelled due to lack of quorum.
MAYOR PRO TEM NOBLE
- Military Affairs Meeting will be on December 10th.
- VVTA cancelled for December.
COUNCIL MEMBER HERNANDEZ
- Attended SBCTA on December 4th.
- Mojave Air meeting cancelled for December.
MAYOR COURTNEY
- Will be attending the CIF meeting in Los Angeles on Wednesday.
BUSINESS OF THE COUNCIL:
COUNCIL MEMBER ROSE
- Shared a flyer for a bike raffle for the Barstow Humane Society. - Asked that staff assist Mr. Weasma with obtaining a copy of the 911 call. - Also concerned with the air quality out in the Lenwood area. - Asked for the status of the bus route on Arbor Way.
MAYOR PRO TEM NOBLE
- Fort Irwin will be doing a Tree lighting ceremony on December 7th. - Said the City Manager and Mr. Goldman have been in discussion regarding the bus stop on Arbor Way
COUNCIL MEMBER HERNANDEZ
- Said she has been talking to MDAQMD regarding the smell of Cannabis - Said they should be reviewing the Measure Q funding list presented to the Council.
MAYOR COURTNEY
- Apologized to Mr. Williams regarding when he was speaking regarding Item 5.
ADJOURNMENT:
By the consensus of the City Council and without objection the meeting was adjourned at 10:25 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