BARSTOW CITY COUNCIL
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
AUGUST 15, 2022
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
REGULAR MEETING
Minutes-August 15, 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 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.
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.
Minutes-August 15, 2022
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if the third-party investigation would be added to a future agenda for discussion.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
CLOSED SESSION AGENDA ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Recommended Action:
(Gov. Code § 54956.9(d)(4))
Number of Potential Cases: 1.
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider one item regarding initiation of 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 Regular Meeting to order at 7:02 P.M.
INVOCATION:
PASTOR JAMES MILA from CROSSROADS ASSEMBLY OF GOD 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 Minutes-August 15, 2022
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
PRESENTATIONS:
2. PRESENTATION OF CERTIFICATES OF RECOGNITION FOR CREATIVE CONFIDENCE
PILOT PROGRAM PARTNERS
Recommended Action:
Presentation only.
The Mayor and Council recognized Creative Confidence partners, Barstow Community College, Growing Inland Achievement, Garner Holt Education Through Imagination, and Barstow Junior High School.
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:
3. MINUTES JOINT MEETING - AUGUST 1, 2022 6:00 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
Minutes-August 15, 2022
CITY COUNCIL:
4. RESOLUTION ADOPTING THE 2023-2027 MEASURE I FIVE YEAR CAPITAL IMPROVEMENT
PROGRAM
Recommended Action:
Staff recommends that the City Council enact the following actions:
1. Approve Resolution No. 5105-2022 adopting the City of Barstow's Measure I Capital Improvement Program for Fiscal Year 2022/23 through 2026/27 and waive the full reading.
2. Direct staff to forward a copy of the adopted resolution to SBCTA.
SPEAKERS
MARCIA WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns with the alleyway behind her home not being repaired and with Measure Q funds not being spent on senior programs.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
5. RESOLUTION NO. 5106 - 2022 TEMPORARILY CLOSING CERTAIN STREETS WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH SECTION 21101(E) OF THE CALIFORNIA
VEHICLE CODE FOR THE MARDI GRAS PARADE
Recommended Action:
Adopt Resolution No. 5106-2022 (Temporarily Closing Certain Streets within the City of Barstow in Accordance with Section 21101(E) of the California Vehicle Code - Kiwanis Mardi Gras Parade), appropriate $20,700 to account number 102.150.542.07.755, 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
6. APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE TECHNICAL TRAINING FOR CLERKS SERIES 300
Recommended Action:
Approve travel for City Clerk Andrea Flores to Riverside, CA for the Technical Training for Clerks (TTC) Series 300.
SPEAKERS
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Discussed the importance of staff and elected officials taking advantage of training opportunities.
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed concerns with the Barstow Police Department and their employment contracts. - Discussed concerns with MAYOR COURTNEY's mileage reimbursement.
Minutes-August 15, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
7. CONSIDERATION TO CANCEL THE CITY COUNCIL MEETING SCHEDULED FOR SEPTEMBER 5, 2022
Recommended Action:
Cancel the September 5, 2022, City Council meeting.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked why the meeting was not rescheduled to Tuesday, September 6, 2022 in order to prevent a longer meeting on September 19, 2022.
COUNCIL MEMBER ROSE
- Requested holding a special meeting if staff foresees a heavy agenda on September 19, 2022.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
8. FY23 WWTP IT INFRASTRUCTURE APPROPRIATION
Recommended Action:
Staff recommends that City Council approve the attached Budget Amendment in the amount of $76,850 from the Waste Water Treatment Fund's fund balance and appropriate such funding to Waste Water Fund IT Allocation account, account number 605.605.601.06.644.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
9. ADOPTION OF ORDINANCE 992-2022 APPROVING QUALITY LIFE INC. COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council adopt 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.
Minutes-August 15, 2022
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if the City faced any liability for approving Ordinance 992-2022 amid law enforcement investigation.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with approving Ordinance 992-2022 due to the illegal marijuana grow at that same location noting the location had a bad reputation.
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with approval of Quality Life's Commercial Cannabis Application amid the recent illegal marijuana grow operative at the American Quartz facility.
COUNCIL MEMBER SILVA
- Asked about page 45 of the packet and stated the APN number was incorrect and the center numbers should read "313.”
- Discussed page 50 of the packet and stated that the APN number should be corrected to “55.” - Stated the APN on page 53 of the packet was also incorrect and page 52 should read "wholesale distribution."
COUNCIL MEMBER ROSE
- Discussed how the ongoing investigation of the illegal grow operative affected approval of the ordinance.
- Asked about the proximity of the illegal grow operative to Quality Life’s proposed location.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Discussed Quality Life’s location stating that two other applicants were also proposed for that location.
- Stated that the illegal grow operators applied for permits, but decided to start operating ahead of approval and also constructed an unpermitted wall in the facility.
COUNCIL MEMBER ROSE
- Asked if the suspension of application was still in effect. - Asked what the City's liability was by approving the ordinance.
CITY MANAGER WILLIE HOPKINS, JR.
- Stated the City had suspended the acceptance of any new applications until applications in process were finalized.
CITY ATTORNEY MATTHEW SUMMERS
- Stated this suspension predates the illegal grow investigation.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated that inspections were not conducted at the location since there were no permit applications. Noted that the illegal grow operative was discovered by an inspector conducting an inspection on a neighbor building.
- Clarified that Quality Life, Inc. did not have any affiliation with the illegal grow operative. - Discussion ensued about the suspension of new applications and the ongoing illegal grow operative.
Minutes-August 15, 2022
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:
None
PUBLIC HEARINGS:
None
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.
SPEAKERS
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked the City Attorney to set a time frame for the Council to discuss the third party investigation.
- Discussed concerns with ending the Streets Committee's mandate.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with the August Streets Committee meeting. - Stated that the Measure Q balance in the June 2022 Treasurer's report should be addressed as part of the labor negotiations.
EUGENE BUTTICCI, EXECUTIVE DIRECTOR BARSTOW AREA CHAMBER OF COMMERCE - Discussed upcoming events including the Chamber's Monthly Morning Program, Military Mixer, Main Street USA Car Show and the Candidates Forum.
RUTH ANN SHEFCHIK, BARSTOW POLICE DEPARTMENT
- Requested reclassification of the Dispatcher position due to the additional workload imposed nine years ago.
- Also discussed concerns with staff retention and with the Barstow Police Department not providing competitive wages.
POLICE CAPTAIN CHRIS KIRBY & CORPORAL MATT HELMS, BARSTOW POLICE
DEPARTMENT
- Stated that the Barstow Police Department personnel were still working without a current contract.
- Noted they would be meeting with the City Manager and were hopeful on reaching an agreement.
- Thanked POLICE CHIEF ANDREW ESPINOZA JR. for his support.
VIRGINIA BROWN, BARSTOW, CALIFORNIA
- Discussed concerns with appointments to the Streets Committee as it was a standing committee.
Minutes-August 15, 2022
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY meeting privately with American Quartz officials and with services provided by Jackson Lewis.
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Expressed support for the Barstow Police Department.
- Discussed concerns with MAYOR COURTNEY.
PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Discussed concerns with the Barstow Police Department being the lowest paid department compared to other agencies.
- Discussed concerns with the public's lack of respect towards the City Council.
DENNIS MOON, BARSTOW, CALIFORNIA
- Discussed concerns with high water pressure at his residence in the Barstow Heights area.
BILLIE BRAUN, OWNER OF BILLIE'S KITCHEN
- Invited the community to attend the Tacos with Cops event on Saturday, August 20, 2022 along with upcoming Karaoke on the Patio and Farmer's Market events. - Also stated that "Paparazzi with Billie Braun" would be opening soon.
BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Provided on update on the August 10, 2022 Homeward Bound meeting. - Discussed appropriate protocols with points of order during public meetings and concerns with MAYOR COURTNEY not asking fellow Council Members for clarification on the point of order.
Requested that the Mayor and Council follow the appropriate order and protocol. - Asked CITY MANAGER WILLIE HOPKINS, JR. for an update on the City's committees and sunset dates.
- Asked MAYOR COURTNEY to provide a report on his meetings with American Quartz officials. - Addressed Ms. Fields’ concerns.
MAYOR PRO TEM NOBLE
- Asked staff to follow-up on Mr. Moon's concerns with the water pressure at his residence. - Discussed the recent Military Affairs meeting and stated that the AUSA would be hosting a golf tournament on September 24, 2022.
- Invited the community to attend the Oktoberfest event on September 17, 2022 at Fort Irwin. - Stated that the August Victor Valley Transit Authority meeting was cancelled and the next meeting was September 19, 2022 in the City Council Chambers.
COUNCIL MEMBER DYER KRUSE
- Provided an update on the August 3, 2022 Streets Committee meeting. - Discussed the August 11, 2022 Solid Waste JPA meeting. - Addressed Mr. Moon's concerns with the water pressure at his residence.
COUNCIL MEMBER SILVA
- Discussed the August 3, 2022 Streets Committee meeting and asked staff to bring back the item on the Riverside Drive accessibility issue.
- Stated that the City Council was updated on the third party investigation, which he planned to complete before his term ended in November.
MAYOR COURTNEY
- Addressed COUNCIL MEMBER ROSE's concerns.
- Thanked CITY ATTORNEY MATTHEW SUMMERS for clarifying public comments as they Minutes-August 15, 2022
related to the First Amendment.
- Discussed the upcoming San Bernardino County Transportation Authority (SBCTA) meeting on September 7, 2022 and the League of California Cities Annual Conference on September 6 - 9, 2022.
STAFF REPORTS:
None
POLICE CHIEF COMMENTS:
POLICE CHIEF ANDREW ESPINOZA, JR.
- Discussed upcoming Tacos with a Cop and Coffee with a Cop events. - Provided an overview on the Dispatch Division's call volumes.
FIRE CHIEF COMMENTS:
ACTING FIRE CHIEF NICK DINAPOLI was absent and no comments were given.
CITY MANAGER / DISTRICT MANAGER COMMENTS:
CITY MANAGER WILLIE HOPKINS, JR.
- Stated the City's 75th Anniversary Celebration was October 1, 2022 at the Harvey House. - Discussed the Project Homekey grant and abatement efforts throughout the City. - Clarified that he never recommended dissolving City Committees and in fact, encouraged the establishment of additional committees.
BUSINESS / ACTION ITEMS:
None
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 8:47 P.M.
Respectfully Submitted: Approved:
_______________________________ _______________________________ Andrea Flores, City Clerk Paul Anthony Courtney, Dr. B.A. Mayor Notice: Signed Minutes are filed with the City Clerk’s office