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)
MINUTES
JOINT SPECIAL MEETING
Minutes-February 7, 2022
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the closed session meeting to order at 6:00 P.M.
INVOCATION:
MAYOR PRO TEM NOBLE led the pledge of allegiance.
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER DYER KRUSE led the invocation.
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 A SPEAKER REQUEST CARD AND HAND 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.
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 TWO 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-February 7, 2022
CITY MANAGER WILLIE HOPKING, JR.
- Stated public comments are only comments from the public, clarifying this was not the time for questions and answers.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Expressed concerns with the new restrictions on public comments. - Discussed concerns with all the lawsuits against the City during the current administration. - Expressed his discontent with Council Members interrupting the public during public comments.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with the three lawsuits against the City during the current administration. - Expressed concerns with the City Manager and staff are not returning the public’s phone calls.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
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:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider three items of existing litigation, no reportable action was taken.
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 Joint Special Meeting to order at 7:01 P.M.
Minutes-February 7, 2022
INVOCATION:
PASTOR MIKE SMITH of BETHANY CHRISTIAN FELLOWSHIP 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 ROSE, to continue Item 29 to the next meeting to include the Expense Reimbursement Policy.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
PRESENTATIONS:
4. BARSTOW UNIFIED SCHOOL DISTRICT STEAM FAIR AWARDS PRESENTATION Recommended Action:
Presentation only.
The Mayor's Choice Awards were presented to winners of the recently concluded 2021-2022 Barstow Unified School District STEAM Fair. The two winners recognized were Matthew Chavez in the Art category and Ryan Dokie in the Science category.
Minutes-February 7, 2022
RESULT: 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.
INTERIM FINANCE DIRECTOR MARC PUCKETT
- Presented the Measure Q Fund Financial Report for the 1st Quarter covering the period from July 1, 2021 - September 30, 2021.
- Stated that there were $2,408,163.70 in expenditures and $2,458,734.80 in revenues. Stated revenues exceeded expenditures by $50,571.10.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked why the 2nd Quarter Financial Report was not available. - Asked if there was an established meeting schedule for the Measure Q Resident Oversight Commission.
RESULT: PRESENTATION ONLY
6. PRESENTATION OF ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) FOR FISCAL YEAR ENDED JUNE 30, 2021
Recommended Action:
No action.
BRYAN GRUBER, PARTNER, FROM LANCE, SOLL AND LUNGHARD, LLP - Presented the Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2020-2021 for the Barstow Fire Protection District (BFPD) and the City of Barstow. - Discussed the audit process and stated they issued an "unmodified opinion" meaning the financial information was materially correct.
- Stated the only internal control modification was with regards to grants reconciliation. - Stated that they provided management with recommendations on policy and procedural enhancements to improve internal controls.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if the ACFR included the interest earned from the Measure Q fund.
RESULT: PRESENTATION ONLY
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.
Minutes-February 7, 2022
MATT REXFORD, REDISTRICTING INSIGHTS
- Presented four draft maps for the Council and public to consider.
CITY ATTORNEY MATTHEW SUMMERS
- Clarified that no Council Members would lose their current seat if boundaries were redrawn to include them in another district.
COUNCIL MEMBER SILVA
- Asked about a scenario in which two seats open in 2022 and 2024 end up in the same district.
Asked if the open 2022 seat would move to the new district.
CITY ATTORNEY MATTHEW SUMMERS
- Stated the Council could select the districts with the caveat that one district would be doubly represented and another district vacant until the 2024 election.
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 7:34 P.M.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked why Barstow has four districts instead of five districts. - Asked if five districts would better serve the community and what would be the process to transition to five districts.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Requested a breakdown of districts by ethnic group.
COUNCIL MEMBER SILVA
- Stated he motioned at a prior Council meeting, with COUNCIL MEMBER ROSE seconding, to include the transition to five voting districts with an appointed Mayor on the November 2022 ballot.
COUNCIL MEMBER ROSE
- Asked when the item could be brought before the Council.
CITY ATTORNEY MATTHEW SUMMERS
- Stated the item could be brought forward at one of the March meetings.
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 8:08 P.M.
MAYOR PRO TEM NOBLE requested that a breakdown by ethnic groups be provided.
It was the consensus of the Council to bring the four proposed maps along with any public submissions forward at the February 22, 2022 Public Hearing.
RESULT: PRESENTATION ONLY
8. INTRODUCTION OF ORDINANCE NO. 987-2022 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. 987-2022, 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 Minutes-February 7, 2022
under the California Environmental Quality Act, per CEQA Guidelines Sections 15305 and 15378.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk.
COUNCIL MEMBER SILVA
- Asked for clarification on the legal definition of common ownership as identified in Section
18.16.010 (d).
CITY ATTORNEY MATTHEW SUMMERS
- Confirmed that the legal definition of common ownership would apply.
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 8:12 P.M.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with how lot mergers would affect future development. - Asked how assessment district revenues would be affected. - Suggested that affected property owners be notified and involved in the process.
DISCUSSION
- Discussion ensued regarding the Subdivision Map Act and adopting a local ordinance to align with State standards and allowing for compliance with the City's General Plan.
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 8:29 P.M.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
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 TWO 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.
MAYOR COURTNEY and CITY MANAGER WILLIE HOPKINS, JR.
- Stated public comments would be limited to two minutes with written responses to questions provided by the end of the week.
STUDENT COUNCIL FROM SKYLINE SCHOOL
- Provided an update on recent Fall Festival, Winter Wonderland and Black History Month events. - Invited the Council to attend their upcoming Family Night on February 23, 2022 from 5:30 - 7 P.M.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Apologized to staff about a misstatement at prior Council meeting regarding the Measure Q fund balance.
- Asked MAYOR COURTNEY about statements made to a media outlet regarding his race, the City's budget deficit and $11 million in revenue earned during his tenure. - Asked Community Development staff to provide records of discussions from the Planning Commission regarding EC Barstow's parking lot and whether the restrooms were compliant.
Minutes-February 7, 2022
- Discussed concerns with Canton Restaurant paying for lunch during seven private meetings that included MAYOR COURTNEY.
- Asked MAYOR COURTNEY to pay outstanding Temporary Use Permit fees.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked why there were not more police officers patrolling the streets. - Asked what follow-up action would result from the recent censure of MAYOR COURTNEY. - Asked CITY MANAGER WILLIE HOPKINS, JR. about the status of filling vacancies on the Streets Committee.
- Asked for the status of the third party investigation.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Expressed concerns with MAYOR COURTNEY's mileage reimbursement particularly for trips to the Barstow Cemetery, Adelanto City Hall and other local events. - Discussed concerns with cancellation of contracts and infrastructure funding delays particularly with the First Avenue Bridge.
CRAIG HARRIS, BARSTOW, CALIFORNIA
- Discussed concerns with sports field conditions particularly at the Sports Park and requested a future agenda item to address concerns.
PEGGI FRIES, BARSTOW, CALIFORNIA
- Discussed Teen Dating Violence Awareness Prevention Month. - Invited the Council to wear orange on Saturday, February 12, 2022 to show their support.
PAT GUMZ, BARSTOW, CALIFORNIA
- Requested that the City honor the grandfather clause on her property at Sweetwater Lane with regards to utility billing and rates. Asked to pay Burrtec directly and for a refund of any fees due from the City.
PERRY PACK, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY's actions and the recall process. - Requested that public comments be reinstated to three minutes.
JIMMY BROWN, BARSTOW, CALIFORNIA
- Discussed concerns with 29 items being on the agenda and public comments being limited to two minutes.
BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Apologized to the community for the reduced public comment time limit. - Asked CITY MANAGER WILLIE HOPKINS, JR. for an update on the First Avenue Bridge at the next Council meeting.
- Discussed Item 29 and stated it was tabled in order to provide the appropriate information to the community. Stated if the accounts payable items were not approved, then MAYOR COURTNEY should be held liable to pay for them.
- Stated the January Rules and Policies meeting was cancelled and the next meeting would be February 22, 2022.
- Asked when the postponed Rules and Policies Town Hall would be rescheduled.
MAYOR PRO TEM NOBLE
- Asked staff to follow-up on Ms. Gumz's concerns.
- Clarified that the regular public comment time limit would be reinstated at the next meeting. - Asked for a plan on how field improvements and maintenance would be prioritized.
Minutes-February 7, 2022
- Requested follow-up on the Streets Committee vacancy and asked all committee vacancies be evaluated and filled.
- Asked for an update on the third party investigation. - Stated the next Military Affairs Committee meeting was scheduled for February 8, 2022.
Encouraged the community to attend and support local veterans. - Stated the next Victor Valley Transit Authority meeting would be held on February 21, 2022. - Wished the community a happy Black History Month (BHM) and encouraged all to participate in any BHM events.
CITY MANAGER WILLIE HOPKINS, JR.
- Stated a parks needs assessment was recently completed and would be presented at a future Council meeting.
CITY ATTORNEY MATTHEW SUMMERS
- Stated the third party investigation was opened, an outside firm secured and there currently was no information to report publicly.
COUNCIL MEMBER DYER KRUSE
- Discussed the February 2, 2022 Streets Committee meeting. - Addressed Ms. Gumz and clarified that her property was only grand-fathered with regards to zoning and not solid waste services. Stated staff researched the issue as well. - Stated that filling the Streets Committee vacancy was being addressed. - Requested that the Council send thank you letters to the other fire agencies who supported the Barstow Fire Protection District's during David Spink's memorial.
COUNCIL MEMBER SILVA
- Stated the censure of MAYOR COURTNEY was completed, the third-party investigation was in progress and an update would be provided once completed. - Stated he attended the January 24, 2022 Mojave Air Quality Management District meeting and asked the board to research grant funding to support the Barstow Cemetery.
MAYOR COURTNEY
- No committee reports or updates.
STAFF REPORTS:
None
POLICE CHIEF COMMENTS:
POLICE CHIEF ANDREW ESPINOZA, JR.
- Commended ACTING FIRE CHIEF NICK DINAPOLI for his leadership in honoring David Spink. - Introduced Police Officers Arias and Hollister who were assigned to the proactive Crime Impact Team.
- Provided an update on recruitment and retention efforts with the goal of having the Police Department fully staffed by July.
FIRE CHIEF COMMENTS:
ACTING FIRE CHIEF NICK DINAPOLI
- Discussed recent line-of-duty passing of FIRE ENGINEER DAVID SPINK. - Thanked the Mayor, Council and the community for their support.
Minutes-February 7, 2022
CITY MANAGER / DISTRICT MANAGER COMMENTS:
CITY MANAGER WILLIE HOPKINS, JR.
- Discussed recent League of California Cities City Manager's Conference held February 1 - 4, 2022 in Monterey.
- Commended staff for their efforts with repairing the First Avenue Bridge and stated an update would be provided at an upcoming Council meeting.
- Discussed challenges with funding of the First Avenue Bridge.
GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Discussed the damage and repairs to the First Avenue Bridge. - Encouraged the community to drive safe and follow all traffic laws.
CONSENT CALENDAR PUBLIC COMMENT:
MINUTES ALL AGENCIES:
9. MINUTES REGULAR MEETING - DECEMBER 20, 2021 7:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
10. MINUTES WORKSHOP - JANUARY 3, 2022 5:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
11. MINUTES JOINT SPECIAL MEETING - JANUARY 3, 2022 7:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
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:
Minutes-February 7, 2022
City: $2,085,587.48
Fire: $354,103.67
Successor Agency: $19,148.99
Grand Total: $2,458,840.14
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked for status of the Redevelopment Agency and how long the City was responsible for financial obligations.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked for clarification on check #86220, #86491, #86625.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
HARVEY HOUSE:
13. HARVEY HOUSE FOUNDATION ARTICLES OF INCORPORATION / BYLAWS Recommended Action:
Reference item only.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
15. FINANCIAL STATEMENTS 2021
Recommended Action:
Review and accept the Barstow Harvey House Foundation Financial Statements for the fiscal year ending June 30, 2021.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
Minutes-February 7, 2022
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
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.
Minutes-February 7, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
23. ADOPTION OF ORDINANCE APPROVING DEVELOPMENT AGREEMENT FOR QUALITY LIFE INC. COMMERCIAL CANNABIS APPLICATION
Recommended Action:
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.
Minutes-February 7, 2022
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if the developer provided the financial report requested by COUNCIL MEMBER SILVA.
COUNCIL MEMBER SILVA
- Asked about Section D zoning and if the restriction would be placed on the owner instead of the operator to make sure they comply.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Clarified the Development Agreement was for the property itself which would be tied to the applicant and the property owner to ensure the operating permit was not transferable.
RESULT: APPROVED [4 TO 0]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Timothy Silva, Council Member
AYES: Noble, Rose, Courtney, Silva
ABSTAIN: Kruse
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.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked for a response to his prior question on if the facility would be separated for cultivation and retail.
RESULT: APPROVED [4 TO 0]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Timothy Silva, Council Member
AYES: Noble, Rose, Courtney, Silva
ABSTAIN: Kruse
25. CONSIDERATION OF RESOLUTION NO. 5075-2022 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. 5075-2022 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.
Minutes-February 7, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
26. CANNABIS EQUITY GRANT
Recommended Action:
Staff is recommending the City Council adopt Resolution No. 5076-2021 authorizing State of California Cannabis Equity Act Grant funding.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked what the grant would be used for.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked why the City was applying for a grant to prohibit cannabis activity that was already approved.
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
DISCUSSION / ACTION ON DEFERRED ITEMS:
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.
CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk. - Commended POLICE CHIEF ANDREW ESPINOZA, JR. for his leadership and performance.
SPEAKERS
INTERIM POLICE CAPTAIN CHRIS KIRBY and DETECTIVE TOM LEWIS - Stated that they stand together in support of POLICE CHIEF ANDREW ESPINOZA, JR. and commended him for his leadership.
JIM BROWN, BARSTOW, CALIFORNIA
- Expressed support for POLICE CHIEF ANDREW ESPINOZA, JR.
Minutes-February 7, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
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.
RECREATION ACTIVITY COORDINATOR SABRINA ELLIS
- Presented the staff report as filed with the City Clerk.
COUNCIL MEMBER SILVA
- Asked if the cost included the park being open to the public.
PARKS AND RECREATION SUPERINTENDENT KYLE WOOLEY
- Stated that Program B was the cost of the fireworks contract only and additional costs would need to be allocated to cover remaining costs of the event, which included entertainment, staffing, etc.
COUNCIL MEMBER DYER KRUSE
- Asked if there was an option to select another program if the COVID-19 pandemic necessitated it.
PARKS AND RECREATION SUPERINTENDENT KYLE WOOLEY
- Stated a contract would need to be determined in February due to the demand and planning involved.
COUNCIL MEMBER SILVA
- Asked if Program A could still be used even if the park was closed.
PARKS AND RECREATION SUPERINTENDENT KYLE WOOLEY
- Confirmed that Program A could still be used even if the park was closed.
CITY MANAGER WILLIE HOPKINS, JR.
- Recommended Program A with the option to negotiate another option with the vendor if necessary.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked how the fireworks were funded.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
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.
Minutes-February 7, 2022
RESULT: CONTINUED [UNANIMOUS] Next: 2/22/2022 6:00 PM
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
ADJOURNMENT:
By the consensus of the City Council and without objection, the joint special meeting was adjourned at 9:57 P.M. in honor of Fire Engineer David Spink.
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