BARSTOW CITY COUNCIL/
BARSTOW FIRE PROTECTION DISTRICT/
ODESSA WATER DISTRICT/HARVEY HOUSE FOUNDATION
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
FEBRUARY 7, 2022
6:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA
JOINT SPECIAL MEETING
Agenda-February 7, 2022
MAYOR
Paul Anthony Courtney
COUNCILMEMBERS
Barbara Mae Rose
James M. Noble
Marilyn Dyer Kruse
Timothy R. Silva
ELECTED CITY CLERK
Andrea Flores
ELECTED CITY TREASURER
Michael Lewis
PLANNING COMMISSIONERS
Andrew Ziemer
Beatrice Lint
Miguel Morales
Rodney Brand Jr.
Juanantonio Delucas
BARSTOW FIRE PROTECTION
DISTRICT
A Subsidiary District of the City of
Barstow
Paul Anthony Courtney
Barbara Mae Rose
James M. Noble
Marilyn Dyer Kruse
Timothy R. Silva
CLOSED SESSION 6:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Member Timothy Silva
Council Member Barbara Rose
Council Member Marilyn Kruse
Mayor Pro Tem James Noble
Mayor Paul Courtney
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 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.
Agenda-February 7, 2022
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.
CLOSED SESSION AGENDA ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:
Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Salas v. City of Barstow, San Bernardino County Superior Court Case No. CIV-SB2111435
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:
Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Prothro v. City of Barstow, San Bernardino County Superior Court Case No. CIVSB-2116163
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:
Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Hernandez v. City of Barstow, San Bernardino County Superior Court Case No.
CIV-SB-2125628
REPORT OF CLOSED SESSION:
CALL TO ORDER - REGULAR MEETING 7:00 PM (or immediately following adjournment of Closed Session if adjourned after 7:00 PM):
INVOCATION:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Member Timothy Silva
Council Member Barbara Rose
Council Member Marilyn Kruse
Mayor Pro Tem James Noble
Mayor Paul Courtney
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 PRIOR TO THE AGENDA ITEM BEING ADDRESSED.
IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
Agenda-February 7, 2022
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.
PRESENTATIONS:
4. BARSTOW UNIFIED SCHOOL DISTRICT STEAM FAIR AWARDS PRESENTATION Recommended Action:
Presentation only.
5. MEASURE Q FUND FINANCIAL REPORT FISCAL YEAR 2021-2022 - 1ST QUARTER Recommended Action:
That the City Council receive and file the Measure Q Fund Financial Report for the 1st Quarter of Fiscal Year 2021-2022 covering the period of July 1, 2021 - September 30, 2021.
6. PRESENTATION OF ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) FOR FISCAL YEAR ENDED JUNE 30, 2021
Recommended Action:
No action.
PUBLIC HEARINGS:
7. CONDUCT A THIRD PUBLIC HEARING TO CONSIDER FOUR DRAFT MAPS, PROVIDE
INPUT AND NARROW DOWN TO A FINAL MAP FOR ADOPTION FOR THE CITY OF
BARSTOW REDISTRICTING PROCESS
Recommended Action:
That the City Council conduct the third of four public hearings to consider four draft maps, provide input and narrow down to a final map for adoption.
8. INTRODUCTION OF ORDINANCE NO. ____-2022 AMENDING BARSTOW MUNICIPAL CODE SECTION 18.16.010 RELATING TO REVERSIONS TO ACREAGE, MERGERS AND
RESUBDIVISIONS, AND MERGER OF CONTIGUOUS PARCELS UNDER COMMON
OWNERSHIP
Recommended Action:
Staff recommends the City Council introduce Ordinance No. _____-2022, amending Barstow Municipal Code Section 18.16.010. The Planning Commission recommended approval at its December 13, 2021 meeting. The adoption of the proposed ordinance is exempt from review under the California Environmental Quality Act, per CEQA Guidelines Sections 15305 and 15378.
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 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
Agenda-February 7, 2022
BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:
STAFF REPORTS:
POLICE CHIEF COMMENTS:
FIRE CHIEF COMMENTS:
CITY MANAGER / DISTRICT MANAGER COMMENTS:
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:
9. MINUTES REGULAR MEETING - DECEMBER 20, 2021 7:00 P.M.
Recommended Action:
Approve minutes as presented.
10. MINUTES WORKSHOP - JANUARY 3, 2022 5:00 P.M.
Recommended Action:
Approve minutes as presented.
11. MINUTES JOINT SPECIAL MEETING - JANUARY 3, 2022 7:00 P.M.
Recommended Action:
Approve minutes as presented.
ACCOUNTS PAYABLE ALL AGENCIES:
12. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for check #86184-86626 totaling $2,260,028.04 and wires #779-787 totaling $198,812.10 per the Agency breakdown below:
City: $2,085,587.48
Fire: $354,103.67
Successor Agency: $19,148.99
Grand Total: $2,458,840.14
HARVEY HOUSE:
13. HARVEY HOUSE FOUNDATION ARTICLES OF INCORPORATION / BYLAWS Recommended Action:
Reference item only.
14. CHANGE OF OFFICERS FOR YEAR 2022
Recommended Action:
Approve the 2022 change of officers for the Harvey House Foundation and accept the 'Statement of Information' Form 100 and 'Statement of Facts' Form 405 for filing.
Agenda-February 7, 2022
15. FINANCIAL STATEMENTS 2021
Recommended Action:
Review and accept the Barstow Harvey House Foundation Financial Statements for the fiscal year ending June 30, 2021.
ODESSA WATER DISTRICT:
16. ODESSA WATER DISTRICT BASIC FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2021
Recommended Action:
Receive and file the Odessa Water District Basic Financial Statements for the year ended June 30, 2021.
BFPD:
17. BARSTOW FIRE PROTECTION DISTRICT BASIC FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2021
Recommended Action:
Receive and file the City of Barstow's Fire Protection District Basic Financial Statements for the year ended June 30, 2021.
CITY COUNCIL:
18. CITY OF BARSTOW ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2021
Recommended Action:
Receive and file the City of Barstow's Annual Comprehensive Financial Report for the year ended June 30, 2021.
19. COMMUNITY PROMOTIONAL FUND APPLICATION FROM THE BARSTOW POLICE
OFFICER ASSOCIATION / BARSTOW POLICE ACTIVITY LEAGUE
Recommended Action:
Approve community promotional fund donation in the amount of $2,000 for waiver of fees for use of the Robert A. Sessions Memorial Sportspark.
20. COMMUNITY PROMOTIONAL FUND APPLICATION FROM THE INLAND EMPIRE
BREASTFEEDING COALITION
Recommended Action:
Approve Community Promotional Fund donation in the amount of $2,000 for waiver of fees for use of the Harvey House.
21. COMMUNITY PROMOTIONAL FUND APPLICATION FROM BARSTOW COMMUNITY COALITION/DESERT SANCTUARY INC.
Recommended Action:
Approve Community Promotional Fund in-kind donation in the amount of $2,000 for waiver of fees for use of the Cora Harper Center.
22. COMMUNITY PROMOTIONAL FUND APPLICATION FROM BABIES SO SPECIAL Recommended Action:
Approve Community Promotional Fund donation in the amount of $2,000 for waiver of fees for use of the Robert A. Sessions Memorial Sports Park.
23. ADOPTION OF ORDINANCE APPROVING DEVELOPMENT AGREEMENT FOR QUALITY LIFE INC. COMMERCIAL CANNABIS APPLICATION
Recommended Action:
Agenda-February 7, 2022
Staff recommends the City Council adopt 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.
24. ADOPTION OF ORDINANCE APPROVING DEVELOPMENT AGREEMENT FOR SHRYNE
BARSTOW LLC COMMERCIAL CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council adopt 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.
25. CONSIDERATION OF RESOLUTION NO. ____-2022 ESTABLISHING A RESERVE POLICY TO DESIGNATE 50% OF CANNABIS DEVELOPMENT AGREEMENT OPERATING FEE REVENUES FOR PUBLIC SAFETY.
Recommended Action:
Staff recommends the City Council approve Resolution No. ____-2022 and establish a reserve policy designating that 50% of funds received from cannabis development agreements entered into by the City are set aside for public safety services.
26. CANNABIS EQUITY GRANT
Recommended Action:
Staff is recommending the City Council adopt Resolution No. ____-2021 authorizing State of California Cannabis Equity Act Grant funding.
DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FROM
CONSENT CALENDAR BY COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME).
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
27. APPROVAL OF POLICE CHIEF EMPLOYMENT AGREEMENT WITH ANDREW ESPINOZA, JR.
Recommended Action:
Approve the employment agreement between the City and Andrew Espinoza, Jr. to serve in the position of Police Chief as appointed by the City Manager.
28. ALLOCATION OF FUNDS FOR THE 4TH OF JULY FIREWORKS SPECTACULAR EVENT Recommended Action:
Provide direction to staff by approving Program A or Program B for the 2022 4th of July Fireworks Spectacular display and authorize the City Manager to execute the agreement.
29. RECONSIDERATION OF ACCOUNTS PAYABLE EXPENDITURES FOR CHECKS #1005 AND #85773
Recommended Action:
Approve and ratify expenses, as audited, for checks #1005 and #85773 totaling $1,174.58.
Agenda-February 7, 2022
ADJOURNMENT:
Individuals electing to later challenge any items listed herein will be limited to addressing only those issues raised at any public hearing or in written correspondence received by the Governing Board prior to the meeting.
Materials related to an item on this Agenda submitted to the Governing Board after distribution of the agenda packet area available for public inspection in the City Clerk's Office at 220 East Mountain View Ste. A, Barstow, CA 92311 during normal business hours.
The City of Barstow, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk’s Office (760) 255-5122, at least one business day prior to the scheduled meeting to ensure that we may assist you.
I hereby certify, UNDER PENALTY OF PERJURY that this agenda has been posted 72 hours prior to the stated meeting in a place accessible to the public.
Posted on the 3rd day of February, 2021.