REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
NOVEMBER 21, 2022
6:00 PM
(HANDICAPPED ACCESSIBLE)
AMENDED AGENDA
REGULAR MEETING
Agenda-November 21, 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, 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-November 21, 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 - ANTICIPATED LITIGATION Recommended Action:
Pursuant to Government Code Section 54956.9(d)(2) & (d)(3) A point has been reached where, in the opinion of the City Council, on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City.
Facts and circumstances that might result in litigation but which the City believes are not yet known to potential plaintiff or plaintiffs. (Gov. Code § 54956.9(e)(1)) Number of Potential Cases: [1]
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Recommended Action:
(Government Code Section 54957(b))
TItle: City Attorney
REPORT OF CLOSED SESSION:
INVOCATION:
CALL TO ORDER - REGULAR MEETING 7:00 PM (or immediately following adjournment of Closed Session if adjourned after 7:00 PM):
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-November 21, 2022
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:
3. RECOGNITION OF BARSTOW PAGEANT’S COMMUNITY REPRESENTATIVES Recommended Action:
Present certificates to Barstow Pageant’s community representatives.
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:
4. MINUTES JOINT MEETING - NOVEMBER 7, 2022 AT 5:30 P.M.
Recommended Action:
Approve minutes as presented.
CITY COUNCIL:
5. RECOMMENDATION FOR A STREET DEDICATION AT THE CORNER OF ARMORY ROAD
AND SANDLEWOOD COURT IN MEMORY OF MIGUEL FONSECA VARGAS Recommended Action:
Authorizing the dedication of the corner of Armory Road and Sandalwood Court in memory of Miguel Fonseca Vargas and waive the reading.
6. APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF BARSTOW AND BARSTOW
UNIFIED SCHOOL DISTRICT FOR STRINGHAM PARK
Recommended Action:
Staff recommends the City Council approve the updated Lease Agreement with Barstow Unified School District as presented.
7. APPROVAL OF AMENDED AND RESTATED LEGAL SERVICES AGREEMENT WITH
COLANTUONO, HIGHSMITH & WHATLEY, PC
Recommended Action:
The City Manager recommends the City Council approve a proposed amended and restated legal services agreement with Colantuono, Highsmith & Whatley, PC, maintaining current City Attorney Matthew Summers and adjusting the rates as stated therein.
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).
Agenda-November 21, 2022
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
8. APPROVAL OF CODE COMPLIANCE OFFICER I POSITION, OFFICE ASSISTANT POSITION Recommended Action:
Staff is recommending Council approve the additional positions to be hired prior to the implementation of the Annual Rental Inspection Program on January 1 2023, at the discretion of the City Manager.
9. APPROVAL OF CODE COMPLIANCE OFFICER I POSITIONS, ADMINISTRATIVE ANALYST
POSITION
Recommended Action:
Staff is recommending Council approve the additional positions to be hired at the discretion of the City Manager.
PUBLIC HEARINGS:
10. PUBLIC HEARING - CONSIDERATION OF CULTURE BARSTOW ON THE 15 LLC,
COMMERCIAL CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. XXX-2022 approving Culture Barstow on the 15, LLC application for a Commercial Dispensary permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its September 26, 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.
11. PUBLIC HEARING - CONSIDERATION OF MERCHANTS BARSTOW, LLC COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 000-2022 approving Merchants Barstow, LLC application for a Commercial Dispensary, Cultivation, Distribution/Transportation, Manufacturing, Non-Store Front Delivery permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 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.
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.
STAFF REPORTS:
PUBLIC SAFETY UPDATES:
CITY MANAGER / DISTRICT MANAGER COMMENTS:
COUNCIL COMMITTEE REPORTS:
Agenda-November 21, 2022
BUSINESS OF THE COUNCIL:
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 17th day of November, 2022.