SPECIAL MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
OCTOBER 29, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
SPECIAL MEETING
Minutes-October 29, 2024
CALL TO ORDER - SPECIAL MEETING 6:00 PM:
MAYOR COURTNEY called the Special Meeting to order at 6:06pm.
INVOCATION:
MAYOR PRO TEM NOBLE gave the invocation
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER HERNANDEZ led the pledge of allegiance.
ROLL CALL:
Attendee Name Title Status Arrived
Paul Anthony Courtney Mayor Present
James M. Noble Mayor Pro Tem Present
Barbara Mae Rose Council Member Present
Carmen Hernandez Council Member Present
Marilyn Dyer Kruse * 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 Minutes-October 29, 2024
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Carmen Hernandez, Council Member
AYES: Courtney, Noble, Rose, Hernandez, Kruse
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
1. APPROVAL OF THE RESTATED MUNICIPAL SERVICES AGREEMENT BETWEEN LOS COYOTES BAND OF CAHUILLA AND CUPEÑO INDIANS, AND THE CITY OF BARSTOW Recommended Action:
Approve the attached Resolution No. 5191-2024
a) Finding the approval of the Restated Municipal Services Agreement between the Los Coyotes Band of Cahuilla and Cupeño Indians and the City of Barstow exempt from the California Environmental Quality Act pursuant to section 15378(b) of the CEQA Guidelines; and
b) Approving the Restated Municipal Services Agreement between the Los Coyotes Band of Cahuilla and Cupeño Indians and the City of Barstow.
Attachments:
1. Resolution Approving the Restated Municipal Services Agreement between the Los Coyotes Band of Cahuilla and Cupeño Indians and the City of Barstow; and Finding Such Action is Exempt from the California Environmental Quality Act Pursuant to Section 15378(b) of the CEQA Guidelines
2. Letter from Heather Sibbison on behalf of Los Coyotes Tribe, dated October 24, 2024.
3. Police Department Cost Analysis
4. Fire Protection District Cost Analysis
ANDREW JARED, CITY ATTORNEY
- Delivered a presentation outlining the necessity for an updated Master Service Agreement (MSA) by explaining the implications of new federal legislation with revenue sharing. A copy of the presentation will be included as part of the meeting minutes.
COUNCIL MEMBER ROSE
- Expressed concerns regarding the financial impact to the city.
COUNCIL MEMBER HERNANDEZ
- Was confused on the review of the environmental shall be exempt asked if there has been conversation with the Governor.
Minutes-October 29, 2024
MAYOR COURTNEY
- Asked for clarification on the changes to the MSA and the impacts to other tribes.
RAY CHUPAROSA, LOS COYOTES CHAIRMAN
- Spoke of the history of the Los Coyotes.
MAYOR PRO TEM NOBLE
- Asked why the tribe picked Barstow.
RAY CHUPAROSA, LOS COYOTES CHAIRMAN
- Said the tribe has roots in the city and still have many family members in the area.
SPEAKERS:
BEN GREET, LITTLE RIVER HOLDING
- Discussed their experience with building casinos.
TIM SILVA
- Spoke in favor of the MSA asked about the Impact Fees.
LAWRENCE DALE
- Recommended the Council work together to move the project forward.
RODNEY BRAND JR.
- Spoke in favor of the project.
COUNCIL MEMBER ROSE
- Asked the City Attorney for clarification for the speakers regarding impact fee.
ANDREW JARED, CITY ATTORNEY
- Explained the DIFF fees and the oversight as the agreements list exhibits that references how fees should be used but the language could be included, but the issue would be the tribe would have to then review and approve the amended agreement but that is does not change the use of the fees.
COUNCIL MEMBER HERNANDEZ
- Thanked legal for the MSA format and that there is no impact to taxpayers.
COUNCIL MEMBER KRUSE
- In agreement with the comments made by Council Members.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Courtney, Noble, Rose, Hernandez, Kruse
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the Closed Session meeting to order at 7:59pm.
Minutes-October 29, 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:
RODNEY BRAND, BARSTOW, CALIFORNIA
- Spoke of all the positive things and the work the Interim City Manager has done.
CLOSED SESSION AGENDA ITEMS:
2. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: Interim City Manager and City Manager
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Barbara Mae Rose, Council Member
AYES: Courtney, Noble, Rose, Hernandez, Kruse
REPORT OF CLOSED SESSION:
The report will be given at the November 4, 2024 meeting.
ADJOURNMENT:
By the consensus of the City Council and without objection the meeting was adjourned at 8:50 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