BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JUNE 20, 2022
7:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-June 20, 2022
CALL TO ORDER:
MAYOR COURTNEY called the Regular Meeting to order at 7:00 P.M.
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 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.
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 pulling Item 9 due to expiration of the current contract.
Minutes-June 20, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
PRESENTATIONS:
1. PRESENTATION OF PROCLAMATION IN RECOGNITION OF AMATEUR RADIO WEEK Recommended Action:
Present proclamation in recognition of Amateur Radio Week. - A proclamation was presented by the Mayor and Council proclaiming June 20-26, 2022 as “Amateur Radio Week."
- The Council recognized amateur radio operators for providing countless hours of community service both in emergencies and to other organizations throughout the decades.
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:
2. MINUTES CLOSED SESSION MEETING - JUNE 2, 2022 5:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
3. MINUTES WORKSHOP - JUNE 2, 2022 6:00 P.M.
Recommended Action:
Approve minutes as presented.
COUNCIL MEMBER ROSE
- Requested an amendment to her comment on page 3 that stated she suggested that Measure Q funds be used for the bridge after addressing public safety priorities. Clarified that she did not make that statement.
Motion by COUNCIL MEMBER SILVA, seconded by MAYOR PRO TEM NOBLE, and unanimously carried to approve the minutes as amended.
Minutes-June 20, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
4. MINUTES JOINT SPECIAL MEETING - JUNE 6, 2022 7:00 P.M.
Recommended Action:
Approve minutes as presented.
COUNCIL MEMBER DYER KRUSE
- Noted that she requested an amendment to Mike Carson’s public comment on page 6.
Mentioned that the minutes stated that he was concerned about the property she owned in Lenwood when Mr. Carson's question was not in reference to her personal property, but how other residents could be annexed into District 4.
COUNCIL MEMBER SILVA
- Stated that during the Business of the Council portion of the minutes, he asked if the Fire Department was fully funded as opposed to fully staffed. - Requested that staff confirm his statement and amend the minutes if necessary.
Motion by COUNCIL MEMBER SILVA, seconded by MAYOR PRO TEM NOBLE, and unanimously carried to approve the minutes as amended.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
CITY COUNCIL:
5. APPROVAL TO ACCEPT SB 1383 LOCAL ASSISTANCE GRANT
Recommended Action:
Approve the acceptance of the SB 1383 Local Assistance Grant, including acceptance of secondround funding if applicable, and direct staff to complete the related budget appropriation and carry out projects as approved by CalRecycle.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if the public would be notified on how the funds were spent.
TED WEASMA, BARSTOW, CALIFORNIA
- Asked how much the grant amount was and how would the funds be spent.
MARCIA WEASMA, BARSTOW, CALIFORNIA
- Asked how much the grant amount was and how would the funds be spent. - Asked if the grant was related to the SB 1383 Organics Recycling rate increase.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
Minutes-June 20, 2022
6. AMENDMENT NO. 8 TO WASTE DISPOSAL AGREEMENT (WDA) SETTING A RATE CAP Recommended Action:
Approve Amendment No. 8 to the Waste Disposal Agreement with the County of San Bernardino and authorize the City Manager to execute the same.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
7. RESOLUTION INITIATION OF REAFFIRMATION FOR ASSESSMENT DISTRICTS FOR FY 2022/2023
Recommended Action:
Approve Resolution No. 5092-2022 to initiate proceedings to reaffirm the levy and collection of annual assessments and ordering the City Engineer to prepare an Engineer’s Report for Landscaping Assessment District #1, Street Maintenance Assessment District #1, Street Lighting Assessment District #1, and Flood Control Assessment District #1, and waive the full reading.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
8. MEASURE I FISCAL YEAR 2021/2022
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Approve the necessary adjustments to the Measure I Capital Improvement Projects.
2. Direct staff to forward the report to SBCTA.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Expressed concerns with the lack of funding for street repairs in the budget. - Asked why the results of the streets valuations were not available to the public.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
9. APPROVAL TO EXTEND CONTRACT AGREEMENT WITH KLEINFELDER INC. FOR FIRST
AVENUE BRIDGE OVER BNSF
Recommended Action:
Staff recommends that the City Council approve the first amendment to the contract agreement with Kleinfelder Inc., for an additional five years and two months term, and authorize the City Manager to execute the same.
CITY MANAGER WILLIE HOPKINS, JR.
- Explained that Item 9 was pulled because it was an expired contract and the City's Municipal Code does not allow for the extension of expired contracts unless within two months of expiration date.
Minutes-June 20, 2022
RESULT: PULLED
10. FY2020-2022 PROPOSED BUDGET AMENDMENT FOR YEAR-END CLEAN-UP
ADJUSTMENTS
Recommended Action:
Approve amendments to various funds and accounts in the City's adopted FY2020-2022 Operating and Capital Improvement two-year Budget as outlined in the attached proposed Budget Amendment (Attachment 1).
INTERIM FINANCE DIRECTOR MARC PUCKETT
- Stated that there was a typographical error and correction to the total on agenda packet page 112 from $4,800 to $39,800.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
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).
PUBLIC HEARINGS:
11. BURRTEC WASTE FRANCHISE AMENDMENT AND RATE UPDATES FOR SB 1383
PROGRAM IMPLEMENTATION
Recommended Action:
Option 1. Adopt Resolution No. 5093-2022 for the 2nd Amended and Restated Franchise Agreement with Burrtec Waste Industries, Inc., related exhibits and rate schedule at the existing term end date of August 31, 2033, and direct the City Clerk to handle the execution of the agreement; OR
Option 2. Adopt Resolution No. 5093-2022 for the 2nd Amended and Restated Franchise Agreement with Burrtec Waste Industries, Inc., related exhibits and rate schedule at the extended-term end date of August 31, 2043, and direct the City Clerk to handle the execution of the agreement.
ADMINISTRATIVE ANALYST JESSICA REED
- Presented the staff report as filed with the City Clerk. - Clarified the City was awarded $35,142 for first-round funding and might be eligible for additional funding.
MAYOR PRO TEM NOBLE
- Asked when the second round of grant funding would be available. - Asked why Option 2 was recommended.
ADMINISTRATIVE ANALYST JESSICA REED
- Stated funding would be available in September 2022.
- Stated that Option 2 allowed for a smaller incremental fee increase instead of a larger rate adjustment.
COUNCIL MEMBER SILVA
- Suggested that Sections 3.40 b and 3.29 b be consolidated, as they were redundant. - Asked for clarification on the process identified in Section 4.4 e. - Noted that the fee violations in Sections 3.38 a and 3.35 3 were redundant.
Minutes-June 20, 2022
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 7:46 P.M.
SPEAKERS
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with Option 2 and extending the agreement with Burrtec for an additional 10 years given changes with CalRecycle and the State legislature.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked the if the $2.82 rate expires or was charged during the term of the agreement. - Asked if the Council would review penalties assessed to ratepayers. - Discussed concerns with the lack of community representation at the SB 1383 organics recycling community meeting.
TED WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns with the City entering into a 20-year agreement and suggested the City renegotiate the agreement.
- Asked if the $2.82 rate would be locked in for 20 years.
MARCIA WEASMA, BARSTOW, CALIFORNIA
- Asked the City Council to renegotiate the agreement.
COUNCIL MEMBER SILVA
- Asked staff to explain the Option 2 rate increase.
GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Stated Option 1 would propose a rate increase of $8.02 with the agreement between Burrtec and the City ending on August 31, 2033.
- Stated Option 2 would propose an increase of $2.82 and allow the City to amortize program costs over a 3-year period. Option 2 would also result in a significant rate decrease while allowing the City to implement SB 1383 without delay. Option 2 would also extend the agreement between Burrtec and the City to August 31, 2043.
- Also confirmed both rates were subject to annual Consumer Price Index (CPI) increases.
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 8:18 P.M.
Motion by COUNCIL MEMBER SILVA, seconded by MAYOR PRO TEM NOBLE, and unanimously carried to adopt Resolution No. 5093-2022 approving Option 2 for the 2nd Amended and Restated Franchise Agreement with Burrtec Waste Industries, Inc., related exhibits and rate schedule at the extended-term end date of August 31, 2043.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
12. PUBLIC HEARING - CONSIDERATION OF NEBRINA BARSTOW LLC. COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 991-2022 approving Nebrina Barstow LLC’s application for a Commercial Cannabis Dispensary permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its April 25, 2022 meeting. The project is exempt from review under Minutes-June 20, 2022
the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk. - Provided an overview of Nebrina, LLC along with their proposed commercial cannabis dispensary.
COUNCIL MEMBER SILVA
- Asked what section of agreement protects the City against the operator opening prior to becoming the property owner.
CITY ATTORNEY MATTHEW SUMMERS
- Stated the Council could approve the development agreement contingent on the operator acquiring ownership of the property.
Discussion ensued regarding transfer of property ownership of the proposed facility.
MAYOR PRO TEM NOBLE
- Asked what contingency plan was in place in the event of a security camera failure.
BRANDON BANKS, CEO OF NEBRINA, LLC
- Stated a generator backed up the security camera system. - Also noted that operations would cease if cameras were not operating.
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 8:19 P.M.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Expressed concerns about not adopting limitations on signage. - Also asked why the second cannabis operator to receive Council approval (Shryne LLC) was not operating.
TED WEASMA, BARSTOW, CALIFORNIA
- Expressed opposition of commercial cannabis operations and concerns with patrons driving under the influence.
MARCIA WEASMA, BARSTOW, CALIFORNIA
- Expressed opposition of commercial cannabis operations.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated that staff and the City Attorney were working on a cannabis sign ordinance.
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 8:58 P.M.
Motion by COUNCIL MEMBER SILVA, seconded by COUNCIL MEMBER DYER KRUSE, and unanimously approved to introduce Ordinance No. 991-2022 approving Nebrina Barstow LLC’s application for a Commercial Cannabis Dispensary permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements, based on the owner and operator being the same individual and a lease agreement being brought back for Council approval if the owner and operator become separate.
Minutes-June 20, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
13. PUBLIC HEARING - CONSIDERATION OF QUALITY LIFE INC. COMMERCIAL CANNABIS
APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 992-2022 approving Quality Life Inc.’s application for a Cannabis Cultivation, Distribution, Transportation, and Manufacturing permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its May 23, 2022 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.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk. - Stated the applicant was proposing a Community Benefit Program donation of $10,000 ($2 per square foot)
- Also noted that the Council needed to provide direction on the donation amount for Quality Life, Inc. and any future micro-business applicants.
CITY ATTORNEY MATTHEW SUMMERS
- Stated COUNCIL MEMBER DYER KRUSE was not required to recuse from voting on the proposed application and clarified there was not a conflict of interest.
COUNCIL MEMBER SILVA
- Requested that the agreement state "wholesale distribution" to clarify that there were no retail sales.
- Asked for a document stating that Chairman Hu was the authorized signer for American Quartz. - Asked about the termination language of the agreement (page 529 of the agenda packet) and how that related to records retention.
- Requested that Section 20 be amended to require Council approval for the assignment of the agreement.
- Stated that the last paragraph on Section 4 repeated on the next page. - Also requested that Section 20 be amended to require Council approval for any contract amendments.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that Section 11D could include a reference to the records retention clause identified in Section 9 and all items would be corrected upon execution of the agreement.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Confirmed that staff could amend the agreement to state "wholesale distribution." Discussion ensued about the donation requirements for the Community Benefit Program and whether it should be a lump sum or based on square footage.
COUNCIL MEMBER ROSE
- Asked Michael Wilhoit, owner of Quality Life, Inc. if he had any silent partners, if CITY TREASURER MICHAEL LEWIS was counting money at his facility and if he had any meetings with MAYOR COURTNEY regarding Quality Life, Inc.
Minutes-June 20, 2022
COUNCIL MEMBER SILVA
- Asked if stating in the motion that approval of the $10,000 donation amount was based on the applicant having multiple businesses.
CITY ATTORNEY MATTHEW SUMMERS
- Confirmed that approving a discount on the donation amount would not set a precedent, as each development agreement is a separate legislative action.
COUNCIL MEMBER ROSE
- Suggested charging the same fee to all applicants.
MAYOR COURTNEY OPENED THE PUBLIC HEARING A 9:36 P.M.
SPEAKERS
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked for clarification on if the City or State would enforce water conservation mandates.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Suggested charging a substantial fee to all commercial cannabis operations. - Asked the Council to establish a limit on the number of cannabis businesses and manufacturers that can operate in the City.
- Stated that CITY TREASURER MICHAEL LEWIS was a consultant for Quality Life, Inc. and discussed conflict of interest concerns with him being COUNCIL MEMBER DYER KRUSE's employer.
TED WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns with water and electricity usage and suggested that funds for the Community Benefit Program go towards drug prevention programs.
MARCIA WEASMA, BARSTOW, CALIFORNIA
- Suggested that funds for the Community Benefit Program go towards drug prevention programs and public safety.
ROLAND ULLOA, DOS COSTAS COMMUNICATIONS
- Discussed concerns with CITY TREASURER MICHAEL LEWIS serving as a consultant for Quality Life, Inc.
COUNCIL MEMBER ROSE
- Asked CITY ATTORNEY MATTHEW SUMMERS if CITY TREASURER MICHAEL LEWIS confirmed that he was not a consultant for Quality Life, Inc. - Discussed concerns with the perception about of the City Treasurer being involved with commercial cannabis operations.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that CITY TREASURER MICHAEL LEWIS does not have a contractual relationship with Quality Life, Inc and therefore no conflict of interest impeded to COUNCIL MEMBER DYER KRUSE.
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 9:50 P.M.
Motion by COUNCIL MEMBER SILVA, seconded by MAYOR COURTNEY, and unanimously carried, to introduce Ordinance No. 992-2022 approving Quality Life Inc.’s application for a Cannabis Cultivation, Distribution, Transportation, and Manufacturing permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements and amending Section 11D to incorporate the records retention requirement outlined in Section 9 and Minutes-June 20, 2022
amending Section 20 to require Council approval for any contract amendments.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
RECESS:
MAYOR COURTNEY called for a recess at 10:02 P.M.
Meeting reconvened at 10:12 P.M. with all Council Members present.
14. CONSIDERATION OF APPROVAL OF THE FISCAL YEAR 2022-2023 PROPOSED
OPERATING AND CAPITAL IMPROVEMENT BUDGET
Recommended Action:
Staff recommends that the City Council and Barstow Fire Protection District Board take the following actions:
1. That City Council approve the Fiscal Year 2022-2023 Proposed Operating and Capital Improvement Budget for the City in the amount of $141,117,447 and adopt the attached Joint Resolution No. 03-2022, approving the Proposed Budget (Attachment 1) as submitted less adjustments as noted above, excluding the Barstow Fire Protection District Budget – Fund 225, and waive the full reading.
2. That the Fire Protection District Board approve and adopt a preliminary budget for the Barstow Fire Protection District in the amount $6,216,506 and adopt the attached Joint Resolution No. 03- 2022, approving and adopting the preliminary Budget as submitted (Attachment 1) less adjustments as noted above pursuant to Health & Safety Code Section 13893(a)(1) and waive full reading.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that Items 14 - 17 would be considered in one public hearing as they are all related to the Fiscal Year 2022-2023 Budget.
INTERIM FINANCE DIRECTOR MARC PUCKETT
- Presented the proposed Operating and Capital Improvement Budget for Fiscal Year 2022-2023. - Stated the proposed budget was $144,117,447 across all funds, which was an increase of $84,962,594 from the prior fiscal year. Explained the increase was due to Capital Improvement Projects (CIP) including the local match for construction of the First Avenue Bridge. - Stated the total operating budget was $45,291,782, which was an increase of $42,929,959 from the prior fiscal year.
- Stated the total General Fund budget was $23,678,140, which was an increase of $4.6 million from the prior fiscal year.
- Provided an overview on the Barstow Fire Protection District (BFPD) budget and discussed budget and staffing increases since the passage of Measure Q.
COUNCIL MEMBER ROSE
- Discussed concerns with recruitment and retention of fire personnel and the importance of spending Measure Q funds based on what the community voted for.
MAYOR COURTNEY OPENED THE PUBLIC HEARING OPENED THE PUBLIC HEARING AT 10:34 P.M.
Minutes-June 20, 2022
SPEAKERS
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if the City received grant funding for the bridge.
MARCIA WEASMA, BARSTOW, CALIFORNIA
- Asked if the Police and Fire Department’s personnel costs were fully funded. - Asked if the Investment Policy addressed the investment of Measure Q funds.
TED WEASMA, BARSTOW, CALIFORNIA
- Asked why the BFPD budget comparison was only for Fiscal Years 2018-2019 and 2022-2023. - Also asked about legal fees, contingencies, if the Barstow Humane Society was funded, and street repairs.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Asked if the public should contact Public Works directly for any parks maintenance issues. - Also asked why the robotic ballfield line painter was not included. - Asked why the amounts for Measure Q (funds 102 and 103) differed and for clarification on the $529,028 "Transfers and Others" item.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if $3 million was still allocated from Measure Q for the First Street Bridge repairs. - Discussed concerns with hiring of additional staff.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Asked why the robotic ballfield line painter was not included in the budget. - Discussed concerns with how Measure Q funds were spent and with the development agreement with the Marriott.
- Also asked why the Treasurer's Report was no longer presented at Council meetings.
COUNCIL MEMBER ROSE
- Asked if the robotic ballfield line painter was included in the budget.
INTERIM FINANCE DIRECTOR MARC PUCKETT
- Stated the robotic ballfield line painter was not included in the budget because the responsible department did not request the item.
MAYOR COURTNEY CLOSED THE PUBLIC HEARING CLOSED THE PUBLIC HEARING AT 10:54 P.M.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
15. APPROVAL OF ANNUAL 2022/2023 APPROPRIATIONS LIMIT
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Approve the annual 2022/2023 appropriations limit, which is calculated using the change in County population and the change in Non-Residential Assessed Valuation, which are determined by the State of California, Department of Finance, and the San Bernardino County Assessor 2021/2022 secured tax roll, respectively.
2. Adopt Resolution No. 5094-2022, establishing the appropriations limit for FY 2022/2023, by title only and waive the reading.
Minutes-June 20, 2022
INTERIM FINANCE DIRECTOR MARC PUCKETT
- Presented the staff report as filed with the City Clerk.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
16. APPROVAL OF BARSTOW FIRE DISTRICT APPROPRIATIONS LIMIT FOR FY 2022/2023 Recommended Action:
Staff recommends that the Barstow Fire Protection District’s Board take the following actions:
1. Approve the annual 2022/2023 appropriations limit, which is calculated using the change in the population growth in the County and the change in the Non-Residential Assessed Valuation, which are determined by the State of California, Department of Finance, and the San Bernardino County Assessor 2021/2022 secured tax rolls, respectively.
2. Adopt BFPD Resolution No. 66-22, establishing the appropriations limit for Fiscal Year 2022/2023, by title only and waive the reading.
INTERIM FINANCE DIRECTOR MARC PUCKETT
- Presented the staff report as filed with the City Clerk.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
17. FY 2022/2023 INVESTMENT POLICY FOR THE CITY OF BARSTOW Recommended Action:
Adopt the Investment Policy and Resolution No.5095 -2022 of the City of Barstow for FY 2022/2023.
INTERIM FINANCE DIRECTOR MARC PUCKETT
- Presented the staff report as filed with the City Clerk.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
MOTION TO SUSPEND THE RULES:
Motion by COUNCIL MEMBER SILVA, seconded by MAYOR PRO TEM NOBLE to suspend the rules and continue with the meeting past 11:00 PM
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
Minutes-June 20, 2022
18. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA, AMENDING AND ESTABLISHING SPECIFIED FEES FOR CITY SERVICES (FY 2022/2023) Recommended Action:
Staff recommends that City Council adopt the attached Resolution No. 5096-2022 amending and establishing the Master Fee Schedule for Fiscal Year 2022/2023, and waive the full reading.
INTERIM FINANCE DIRECTOR MARC PUCKETT
- Presented the staff report as filed with the City Clerk.
COUNCIL MEMBER SILVA
- Asked if the Rental Inspection Fee was included in the proposed fee schedule.
INTERIM FINANCE DIRECTOR MARC PUCKETT
- Stated the Rental Inspection Fee would be included in the fee schedule upon approval by the Council.
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 10:58 P.M.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if Prop 218 applied to the proposed fee schedule.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that Prop.218 only applied to fees associated with property ownership.
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 10:59 P.M.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
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 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.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked what corrective action was the Council going to take since MAYOR COURTNEY has not paid the mileage reimbursement.
- Requested print copies of any presentations from staff, as they were difficult to see on screen. - Asked about the status of Federal and State Lobbyist contracts. - Asked the City to follow-up on the Barstow Veteran's Home proposed closure. - Discussed events and services provided by Barstow Community College and the recent Juneteenth celebration.
CRAIG HARRIS, BARSTOW, CALIFORNIA
- Discussed concerns with the City Council, lack of fire personnel, park conditions and the proposed use of Measure Q funds for bridge repairs.
Minutes-June 20, 2022
BILLIE BRAUN, OWNER OF BILLIE'S KITCHEN
- Invited the community to attend their monthly Karaoke on the Patio event. - Discussed concerns with BFPD not offering competitive wages and retaining personnel. - Stated Measure Q funds needed to be used for what they were intended for.
ATREUS CHANDLER, REPRESENTATIVE FOR TEAMSTER LOCAL 1932 - Stated that the City needed to prioritize the members of Units 1 and 2 in the proposed budget in order to attract and retain staff, particularly Dispatch staff.
ROLAND ULLOA, DOS COSTAS COMMUNICATIONS
- Complimented CITY MANAGER WILLIE HOPKINS, JR. for providing communication on events and services.
- Suggested that the Council consider limiting their comments to five to six minutes. - Asked for an update on the Synagro Compost Waste Facility in Hinkley.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with the City holding other business owners accountable for complying with development standards, but not MAYOR COURTNEY's business. - Also discussed concerns with MAYOR COURTNEY not repaying the mileage reimbursement and referring to citizens who speak at public meetings as mentally ill.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that $3 million in Measure Q funds should not be allocated towards the First Street Bridge repairs.
- Discussed concerns with the June 6, 2022 meeting being rescheduled to June 2, 2022 for a budget study session.
- Stated that the June 14, 2022 budget public hearing should have been broadcast on Channel 6.
JIM BROWN, BARSTOW, CALIFORNIA
- Asked when the new voting districts went into effect. - Discussed concerns with the Marriott development agreement and the possible conflict of interest with CITY TREASURER MICHAEL LEWIS and COUNCIL MEMBER DYER KRUSE.
BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Motioned, seconded by COUNCIL MEMBER SILVA to have the City Attorney bring back an item at the next Council meeting to discuss next steps since MAYOR COURTNEY has not repaid the mileage reimbursement.
- Stated the next Rules and Policy Committee meeting was June 28, 2022. - Congratulated PARKS AND RECREATION SUPERINTENDENT KYLE WOOLEY on his next career opportunity and thanked him for his service to the City. - Asked for an update on the street evaluation report done recently completed by a consultant. - Also asked staff to provide copies of any presentations at all Council meetings and to follow-up on the exposed electrical wires at Foglesong Park.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated the streets evaluation report would be presented at the July 6, 2022 Streets Committee meeting and a copy provided to every person in attendance.
MAYOR PRO TEM NOBLE
- Asked CITY MANAGER WILLIE HOPKINS, JR. to follow-up on the Barstow Veteran's Home issue. - Stated there were no updates from the June 20, 2022 Victor Valley Transit Authority meeting. Stated the next Military Affairs meeting was July 12, 2022.
Minutes-June 20, 2022
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that the Barstow Veteran's Home was under renovations and not closing.
COUNCIL MEMBER DYER KRUSE
- Stated that there were no committee updates and provided an update on the septic tank at Jasper Park and the restrooms at Lillian Park.
COUNCIL MEMBER SILVA
- Provided an update on the June 8, 2022 Homeward Bound Committee meeting which included a Desert Regional Steering Committee update, Point in Time Count update and discussion of Opioid Settlement funds.
- Discussed the June 27, 2022 Mojave Desert Air Quality Management District meeting. - Asked staff to follow-up on the issues at the Synagro Compost Waste Facility in Hinkley. - Stated that he attended the budget workshop and the SB 1383 community meeting.
MAYOR COURTNEY
- Discussed the June 14, 2022 Military Affairs Committee meeting. - Addressed concerns regarding the development agreement with the Marriott hotel. - Provided an update on the recent Juneteenth event.
- Also noted that his mileage reimbursement was for City business and approved.
STAFF REPORTS:
NONE
POLICE CHIEF COMMENTS:
POLICE CHIEF ANDREW ESPINOZA, JR.
- Discussed the Legal Firework Safety Plan running from June 17, 2022 to July 16, 2022. - Thanked all who attended the swearing-in ceremony for Jacob Gatti who graduated top of class at the academy.
FIRE CHIEF COMMENTS:
ACTING FIRE CHIEF NICK DINAPOLI
- Discussed coordinated effort with the Police Department for the July 4th Fireworks Spectacular event and the Safe and Sane Fireworks program.
- Discussed recent near drowning incidents and discussed pool safety measures. - Provided an update on the efforts to combat the fire at the Synagro Compost Waste Facility in Hinkley.
CITY MANAGER / DISTRICT MANAGER COMMENTS:
CITY MANAGER WILLIE HOPKINS, JR.
- Clarified that he did not state at prior meetings that the City should spend $3 million on aesthetics for the First Street Bridge.
- Also, stated that department heads were responsible for recruiting staff and were actively recruiting for vacant positions.
Minutes-June 20, 2022
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
19. INSTALLATION SUPPORT SERVICES - PROFESSIONAL SERVICES CONTRACT Recommended Action:
Staff recommends that the City Council:
1. Approve the scope and fee with High Desert Support Services, LLC, laid out in the bid documents for the bid amount of $2,756,909.57 (Over ten years) for the Installation Support Services.
2. Authorize the City Manager or designee the authority to sign the agreements between Fort Irwin and the City of Barstow and High Desert Support Services, LLC and the City of Barstow.
GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Presented the staff report as filed with the City Clerk.
SPEAKERS
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked for clarification that the billing would remain in-house.
GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Clarified the billing associated with the IGSAs was processed in-house.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
20. 1ST READING AND INTRODUCTION OF ORDINANCE 993-2022 AMENDING CHAPTER 5.91, TITLE 5 OF THE BARSTOW MUNICIPAL CODE ENTITLED "ANNUAL RENTAL PROPERTY INSPECTION REQUIREMENTS"
Recommended Action:
1. Approve the 1st Reading of Ordinance No. 993-2022 Amending Chapter 5.91, Title 5 of the Barstow Municipal Code Entitled Annual Rental Property Inspection Requirements;
2. Direct the City Clerk to bring the ordinance back to the City Council for the 2nd Reading and Adoption at the next regularly scheduled meeting.
3. Direct the City Clerk to publish a summary of this ordinance pursuant to G.C. 54963.
4. Determine the adoption of this Ordinance is exempt from review under the California Environmental Quality Act under CEQA Guidelines section 15301.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk. - Stated that staff reviewed the current Rental Inspection Ordinance, conducted a community Town Hall and modifications were included in the proposed amended ordinance. - Noted one of the most significant modifications specified that interior inspections could not be conducted without the property owner’s permission or court order.
COUNCIL MEMBER SILVA
- Asked why single-family residences were not separated from multi-family residences. - Asked that Sections 5.91.020 be amended to add "Tenant" as it reads on Section 5.91.050.
Minutes-June 20, 2022
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated the ordinance was effective January 1, 2023 in order to prepare staff for the large volume of multi-family inspections.
- Noted inspections of single-family residences would occur within six months to one year.
SPEAKERS
IRA GWINN, BARSTOW, CALIFORNIA
- Expressed disappointment with the amended ordinance and with the City not organizing a committee meeting with City staff, landlords and tenants.
TED WEASMA, BARSTOW, CALIFORNIA
- Stated that the agenda item should have been discussed earlier during the meeting. - Discussed concerns with the amended ordinance.
MARCIA WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns with the amended ordinance.
COUNCIL MEMBER ROSE
- Stated that the public had multiple opportunities to provide input on the Rental Inspection Ordinance at multiple Rules and Policy meetings along with the recent Town Hall meeting.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
21. AMENDMENT TO THE CITY COUNCIL RULES FOR THE CONDUCT OF ITS MEETING PROCEEDINGS AND BUSINESS AND REPEALING RESOLUTION 4647-2011 Recommended Action:
Adopt Resolution No. _____-2022 and waive the full reading.
CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk. - Stated that the amended resolution proposes to move General, Non-Agenda Public Comments to the end of the meeting in order to allow the Council to conduct business.
COUNCIL MEMBER SILVA
- Suggested moving Business of the Council/Council Comments after General, Non-Agenda Public Comments in order to allow the Council to respond to any public comments.
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that the last sentence of Section III, G, stating "all persons addressing the City Council shall state their name and address" be struck as it was a Brown Act violation.
COUNCIL MEMBER ROSE
- Requested that the Invocation be conducted before calling the meeting to order to allow for separation of church and state.
- Also requested that Closed Session and Report of Closed Session be included in the resolution. - Concurred with COUNCIL MEMBER SILVA on moving Business of the Council/Council Comments after General, Non-Agenda Public Comments in order to allow the Council to respond to any public comments.
- Stated that the Mayor should ask for clarification on why the point of order was called from the Council Member requesting it before allowing the speaker to continue. - Discussed Rosenberg's Rules of Order and stated there was a process on chairing meetings.
Minutes-June 20, 2022
- Suggested that the Rules and Policy Committee review proposed resolution in order to ensure that the person chairing the meeting was informed, fair and courteous.
SPEAKERS
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that General, Non-Agenda Public Comments should not be at the end of the meeting and should be before Business of the Council/Council Comments in order to allow the Council to respond to any public comments.
MARCIA WEESMA, BARSTOW, CALIFORNIA
- Concurred with Ms. Hernandez's comments.
TED WEESMA, BARSTOW, CALIFORNIA
- Stated that General, Non-Agenda Public Comments should not be at the end of the meeting.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that General, Non-Agenda Public Comments should not be at the end of the meeting and should be before Business of the Council/Council Comments in order to allow the Council to respond to any public comments.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY.
Motion by COUNCIL MEMBER SILVA, seconded by COUNCIL MEMBER ROSE, and unanimously carried, to table to the item and bring to the Rules and Policy Committee for review.
RESULT: REFERRED [UNANIMOUS] Next: 7/26/2022 9:00 AM
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 12:49 A.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