BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JANUARY 3, 2022
7:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-January 3, 2022
CALL TO ORDER - REGULAR MEETING 7:00 PM:
INVOCATION:
MAYOR PRO TEM NOBLE led the invocation.
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER DYER KRUSE 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
Timothy Silva Council Member Present
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 SPEAKER REQUEST CARD AND HAND TO THE CITY CLERK PRIOR TO THE AGENDA ITEM BEING 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.
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.
Motion by COUNCIL MEMBER SILVA, seconded by COUNCIL MEMBER DYER KRUSE, and unanimously carried, to approve the agenda tabling Item 5.
Minutes-January 3, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
PRESENTATIONS:
PUBLIC HEARINGS:
1. PUBLIC HEARING - CONSIDERATION OF QUALITY LIFE INC. COMMERCIAL CANNABIS
APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 985-2022 approving Quality Life Inc.’s application for a Commercial Cannabis Dispensary and Non-Store Front Delivery permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements.
The Planning Commission recommended approval at its December 13, 2021 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.
COUNCIL MEMBER DYER KRUSE recused herself from ITEMS 1 AND 2 at 7:06 P.M. due to her employer owning property within 1,000 of the proposed site.
GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Presented the staff report as filed with the City Clerk.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Introduced Quality Life applicant Michael Wilhoit
MICHAEL WILHOIT, QUALITY LIFE
- Discussed Quality Life's application for a permit for a Commercial Cannabis Dispensary and Non-Store Front Delivery.
- Discussed the personal, legal and financial benefits of cannabis.
COUNCIL MEMBER SILVA
- Stated the wrong grant deed was provided in the application packet and provided the correct deed confirming the current owner.
- Requested the Council be provided with the security plan as identified on Section 4B of the Development Agreement.
- Asked for the below corrections to the Development Agreement:
- Section 4 E be corrected to strike "cultivation, processing and manufacturing" since applicant is not engaging in those activities.
- Section 4 K be removed after the first sentence since the rest of the section does not apply to applicant.
- Section 5 8 (b) - manufacturing and cultivation be removed . - Asked why Section 4 G was removed.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that Section 4 G was removed at the applicant's request however they would be subject to the State's quality control requirements.
COUNCIL MEMBER ROSE
- Requested that any reference to cultivation and manufacturing be removed throughout the Development Agreement.
- Asked staff to be more thorough in preparation of future Development Agreements and thanked Minutes-January 3, 2022
COUNCIL MEMBER SILVA for bringing the corrections to Council and staff's attention.
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 7:45 P.M.
SPEAKERS
KAMBIZ MOORIDI, BARSTOW, CALIFORNIA
- Discussed the benefits of legalizing cannabis.
STEVEN BORRUEL, BARSTOW, CALFORNIA (CHECK SPELLING)
- Expressed support for commercial cannabis in Barstow.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Stated he was opposed to cannabis.
- Requested an audit of sellers and a separate financial audit of cannabis.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Asked if revenue and expenditures could be tracked separately similar to how they are tracked with Measure Q.
- Discussed concerns with loitering and security.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Requested that applicants provide a City application prior to applying with the State. - Discussed concerns with cannabis abuse and increased crime. - Expressed concerns with how the Development Agreements were presented and the corrections COUNCIL MEMBER SILVA noted in his review.
- Noted that background/criminal checks should not be noted as "not applicable" on the Development Agreements.
- Asked if background checks were conducted statewide or nationwide.
SUE MALONE, BARSTOW, CALIFORNIA
- Discussed concerns with cannabis being a gateway drug. - Expressed opposition of cannabis in Barstow.
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 8:04 P.M.
DISCUSSION
COUNCIL MEMBER ROSE
- Requested that background checks/criminal checks be amended to state "none" instead of "not applicable."
Motion by COUNCIL MEMBER SILVA, seconded by, MAYOR COURTNEY, and approved 4 - 1, to introduce Ordinance 985-2022 approving Quality Life Inc.’s application for a Commercial Cannabis Dispensary and Non-Store Front Delivery permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements with the following amendments: all references to manufacturing and cultivation verbiage removed, 50% of the 3% fee collected be allocated for public safety, background checks/criminal checks be amended to state "none" instead of "not applicable," and corrections to Sections 4E, 4K, 5 8(b). COUNCIL MEMBER DYER KRUSE recused.
Minutes-January 3, 2022
RESULT: APPROVED [4 TO 0]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney, Silva
ABSTAIN: Kruse
2. PUBLIC HEARING - CONSIDERATION OF SHRYNE BARSTOW LLC COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 986-2022 approving Shryne Barstow LLC’s application for a Commercial Cannabis Dispensary and Non-Store Front Delivery permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements.
The Planning Commission recommended approval at its December 13, 2021 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.
GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Presented the staff report as filed with the City Clerk.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Introduced Shryne Barstow LLC applicant, Tak Soto
TAK SOTO, SHRYNE BARSTOW, CALIFORNIA
- Discussed Shryne Barstow LLC's application for a Commercial Cannabis Dispensary. - Also clarified that Shryne Barstow LLC was not affiliated with Barstow Outlets, LLC.
COUNCIL MEMBER SILVA
- Asked for the below corrections to the Development Agreement:
- Section 5 A: include a description of public outreach and education programs.
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 8:27 P.M.
SPEAKERS
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked for confirmation on who was the primary contact on the application. - Asked for a report on traffic incidents and crime statistics within one year of operation of any cannabis business.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if there was square footage requirements for retail sales and manufacturing.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Discussed the importance of both applicants working together to provide youth drug prevention education programs.
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 8:33 P.M.
CITY ATTORNEY MATTHEW SUMMERS
- Clarified that redline copies were provided in the agenda packet to show changes from the template that were requested by each application.
- Stated that blackline final version would be provided with the next agenda packet upon adoption of the ordinances.
Minutes-January 3, 2022
COUNCIL MEMBER SILVA
- Suggested creating separate Development Agreement templates depending on the type of activity that applicant was proposing.
COUNCIL MEMBER ROSE
- Discussed the importance of all cannabis businesses working together on community education and outreach efforts.
Motion by COUNCIL MEMBER SILVA, seconded by, MAYOR COURTNEY, and approved 4 - 1, to introduce Ordinance 986-2022 approving Shryne Barstow LLC's application for a Commercial Cannabis Dispensary and Non-Store Front Delivery permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements with the following amendments: all references to manufacturing and cultivation verbiage removed, 50% of the 3% fee collected be allocated for public safety, background checks/criminal checks be amended to state "none" instead of "not applicable," and corrections to Section 5A. COUNCIL MEMBER DYER KRUSE recused.
COUNCIL MEMBER DYER KRUSE RETURNED TO THE MEETING AT 8:42 P.M.
RESULT: APPROVED [4 TO 0]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney, Silva
ABSTAIN: Kruse
GENERAL, NON-AGENDA PUBLIC COMMENT:
EUGENE BUTTICCI, BARSTOW AREA CHAMBER OF COMMERCE
- Invited the City Council to attend the ribbon cutting ceremony for Cattleman's Route 66 on January 6, 2022 at 12 P.M.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY'S disrespectful treatment towards him. - Asked the City Manager and City Attorney for a response and follow-up to his complaints against MAYOR COURTNEY.
- Also asked why there are no partitions around the dais where the staff were seated.
PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Apologized for use of inappropriate language at a prior Council meeting. - Also apologized for hosting events without required permits and requested information on the process.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked what the censure of MAYOR COURTNEY would consist of. - Asked why the Council never responded to the anonymous letter from City employees that the Mayor read aloud at a previous Council meeting.
- Asked how the Council would ensure MAYOR COURTNEY would not retaliate against staff. - Discussed concerns with MAYOR COURTNEY and former Interim City Manager Jim Hart securing deals behind closed doors such as the Marriott Hotel.
- Noted concerns with Mr. Hart and Council discussing the Marriott Hotel during Closed Session instead of publicly.
Minutes-January 3, 2022
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Corrected a public comment made at a prior City Council meeting regarding missing Measure Q funds to state $1,480,000.
- Asked why Measure Q funds were not accruing interest.
ANTHONY BROWNE, BARSTOW, CALIFORNIA
- Discussed concerns with COUNCIL MEMBER ROSE.
JIM BROWN, BARSTOW, CALIFORNIA
- Thanked COUNCIL MEMBER ROSE and INTERIM POLICE CHIEF ANDREW ESPINOZA JR. for the recent Town Hall meeting.
- Congratulated MAYOR COURTNEY for being the first black Mayor in Barstow's history. - Asked MAYOR COURTNEY to step down and do what was best for Barstow due to the recent censure, upcoming recall election, etc.
BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Discussed recent District 3 Town Hall event and commended INTERIM POLICE CHIEF ANDREW ESPINOZA, JR. for his efforts.
- Asked staff to follow-up on installing partitions throughout the rest of the dais especially due to increased COVID cases.
- Asked INTERIM FINANCE DIRECTOR MARC PUCKETT about the Measure Q interest. - Discussed upcoming meetings including the Homeward Bound Committee on January 12, 2022, the Rental Inspection Ordinance Town Hall on January 13, 2022, and Rules and Policies Committee on January 25, 2022.
- Expressed condolences to Mr. Tim Heiden's family.
INTERIM FINANCE DIRECTOR MARC PUCKETT
- Explained Measure Q accounting and how it was segregated from General Fund activity. - Noted that interest from Measure Q assets were recorded within the General Fund and all assets were invested in the Local Agency Investment Fund, which was managed by the State's Treasury Office.
MAYOR PRO TEM NOBLE
- No committee reports or comments.
COUNCIL MEMBER DYER KRUSE
- Stated the January 5, 2022 Streets Committee meeting would be dark. - Expressed condolences to Mr. Tim Heiden's family.
- Asked for the community's continued prayer for FIRE ENGINEER DAVID SPINK. - Requested an update on fundraising efforts for Barstow's sister city, Mayfield, Kentucky.
COUNCIL MEMBER SILVA
- No committee reports.
- Thanked COUNCIL MEMBER ROSE and INTERIM POLICE CHIEF ANDREW ESPINOZA, JR. for their efforts with the recent District 3 Town Hall.
- Requested that staff research a street to name after Tim Heiden. COUNCIL MEMBER ROSE seconded.
MAYOR COURTNEY
- No committee reports.
- Stated he looked forward to continued progress over the next three years of his term.
Minutes-January 3, 2022
STAFF REPORTS:
INFORMATION TECHNOLOGY MANAGER TARA BECERRA
- Stated that IT staff and members of the community have tested the audio of public meetings on Channel 6, which are comparable to audio levels of other television stations. - Reminded Council, staff and the public to speak clearly into the microphones during public meetings.
- Encouraged the community to contact her regarding any Channel 6 concerns. - Stated All Access Barstow was now available on the City's website for on demand and live streaming at barstowca.tv.
POLICE CHIEF COMMENTS:
INTERIM POLICE CHIEF ANDREW ESPINOZA, JR.
- Thanked the Council for their positive feedback and looks forward to future Town Hall events. - Thanked all public safety staff (police and fire) for their efforts.
FIRE CHIEF COMMENTS:
None.
CITY MANAGER / DISTRICT MANAGER COMMENTS:
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that staff is working on a televised Citizen's University, which broadcast on Channel 6 and include information on the budget process and other frequently asked questions. - Stated additional Town Hall events include reinstating the State of the City event.
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
3. RESOLUTION PROVIDING NECESSARY FINDINGS FOR COMPLIANCE WITH COVID-19
PANDEMIC RELATED RETIRED ANNUITANT EMPLOYMENT REQUIREMENTS AND
APPROVAL OF AMENDMENT TO EMPLOYMENT CONTRACT FOR INTERIM FINANCE DIRECTOR EXTENDING AGREEMENT’S TERM
Recommended Action:
Adopt Resolution No. 5074-2022 approving the employment agreement amendment and authorize the Mayor to sign it on behalf of the City.
CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk. - Explained that the State's Executive Order N-25-20 and CalPERS Circular Letter 200-056-21, allows the 960-hour limit per fiscal year for retired annuitants to be suspended during the declared state of emergency due to the COVID-19 pandemic. - Stated that the City has had an extremely difficult time recruiting and hiring a permanent Finance Director.
- Asked the City Council to extend the employment agreement for INTERIM FINANCE DIRECTOR MARC PUCKETT until a permanent Finance Director was hired therefore allowing for a transition period.
- Informed the City Council that he recently contacted three executive recruitment firms with the intent to secure a contract in order to expand the search for a permanent Finance Director.
Minutes-January 3, 2022
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that interest accrued from Measure Q should go back into the Measure Q fund and not the General Fund.
- Asked why the Financial Reports do not show the amount of interest earned from Measure Q.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
4. DISCUSSION OF FEDERAL AND STATE LOBBYIST CONTRACTS
Recommended Action:
Provide direction to staff.
CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk. - Provided background information on the City's contracts with Gonsalves & Sons and Carpi Clay. - Stated the City would benefit from having a contract for State and Federal lobbyist services. - Also noted that cancellation of both contracts yielded approximately $130,000 in savings.
COUNCIL MEMBER SILVA
- Asked if staff researched a potential loss of grant funds as both lobbyists assisted with securing grants in the past.
CITY MANAGER WILLIE HOPKINS, JR.
- Responded an exact figure was not available, but the City's chances of receiving other grant opportunities would have likely increased with lobbyist representation.
Discussion ensued about opportunity costs and potential savings.
MAYOR PRO TEM NOBLE
- Asked what the process would be for securing lobbyist services again.
CITY MANAGER WILLIE HOPKINS, JR.
- Discussed the Request for Proposal process along with an accountability and metrics process.
CITY ATTORNEY MATTHEW SUMMERS
- Noted the Council could also approve any contracts with direction that no modifications be made without Council approval.
SPEAKERS
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed the past benefits of the lobbyist contracts, which included keeping the Barstow Courthouse open, grants for the Wastewater Treatment Plant, etc.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed a $4 million grant received for the Wastewater Treatment Plant, which was secured with lobbyist representation.
It was the consensus of the Council to direct staff to issue a Request for Proposal for state and federal lobbyist services and bring the contract back for approval.
Minutes-January 3, 2022
RESULT: PRESENTATION ONLY
BFPD/CITY COUNCIL:
5. JOINT ITEM - CITY COUNCIL/BARSTOW FIRE PROTECTION DISTRICT BOARD OF
DIRECTORS REORGANIZATION AND SELECTION OF COMMITTEE REPRESENTATIVES
AND ALTERNATES
Recommended Action:
The City Council/Barstow Fire Protection Board of Directors are asked to 1) approve the reorganization of the City Council/Barstow Fire Protection District Board of Directors and 2) determine committee representatives and alternates, establish new committees if needed, and delete non-functioning committees.
RESULT: CONTINUED [UNANIMOUS] Next: 2/7/2022 6:00 PM
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 9:47 P.M. in honor of Mr. Tim Heiden.
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