REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
NOVEMBER 21, 2022
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
REGULAR MEETING
Minutes-November 21, 2022
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the Closed Session meeting to order at 6:02 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.
Minutes-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.
SPEAKERS
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed reasons why she no longer had confidence in the City Attorney.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Expressed concerns with the amount of lawsuits pending against the City. - Expressed concerns with a former employee's name being posted on a recent Closed Session agenda item.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked why renewal of the City Attorney contract was being considered for approval instead soliciting requests for proposals.
- Also asked why renewal of the City Attorney’s contract was on the Consent Calendar.
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 - 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:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider two items. - Item 1: The City Council met in Closed Session to consider one item regarding Anticipated Litigation. The Council directed staff that a correction be made to the third party investigation report of the Mayor regarding an aspect not as to the Mayor. The correction would be noted for the record.
Minutes-November 21, 2022
- Item 2: Direction was provided to Council and staff. No reportable action was taken.
INVOCATION:
PASTOR JOE VAIL from MOJAVE DESERT CHRISTIAN CHURCH led the invocation.
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 meeting to order at 7:15 P.M.
PLEDGE OF ALLEGIANCE:
MAYOR PRO TEM NOBLE 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 ROSE, and unanimously carried, pulling items 5, 6, 7 for discussion and moving the Public Hearing items ahead of Business Action items.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
Minutes-November 21, 2022
PRESENTATIONS:
3. RECOGNITION OF BARSTOW PAGEANT’S COMMUNITY REPRESENTATIVES Recommended Action:
Present certificates to Barstow Pageant’s community representatives.
MAYOR COUNTNEY AND CITY COUNCIL MEMBERS
- Presented certificates to the Barstow Pageant court representatives. - Emphasized that Miss Barstow and Teen Miss Barstow always represented the City with dignity, honor and pride.
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:
4. MINUTES JOINT MEETING - NOVEMBER 7, 2022 AT 5:30 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
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.
Motion by COUNCIL MEMBER SILVA, seconded by COUNCIL MEMBER ROSE, to place future street dedication items on the Business/Action Items calendar instead of the Consent calendar.
COUNCIL MEMBER ROSE
- Thanked Mr. Vargas for his service.
- Asked if Mr. Vargas's family was notified of the item being on the agenda.
CITY MANAGER WILLIE HOPKINS, JR.
- Stated he would confirm with staff if Mr. Vargas's family was notified.
Motion by COUNCIL MEMBER ROSE, seconded by MAYOR COURTNEY, to recognize Mr.
Vargas at a future Council meeting if his family was not notified.
Minutes-November 21, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
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.
COUNCIL MEMBER ROSE
- Thanked the Barstow Unified School District for their support and City staff for moving the item forward.
SPEAKERS
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Thanked the City and ACTING PARKS AND RECREATION SUPERINTENDENT SABRINA ELLIS, MAYOR PRO TEM NOBLE and COUNCIL MEMBER ROSE for all of their support.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
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.
COUNCIL MEMBER SILVA
- Requested that CITY ATTORNEY MATTHEW SUMMERS present and discuss the agenda item.
CITY ATTORNEY MATTHEW SUMMERS
- Presented the staff report as filed with the City Clerk. - Discussed recent issues he has advised the City through including the hiring of the City Manager, drafting or revising ordinances and the Housing Element, the commercial cannabis program, the partnership with the Army and Marine Corps with the Intergovernmental Services Agreements program and the early and continuing stages of the BNSF project and the General Plan Update.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked how long the term of the contract was.
- Asked why a request for proposal was not issued.
- Asked why the City Attorney's performance was not reviewed annually. - Discussed concerns with the City Attorney's handling of the Marriott development incentive agreement.
Minutes-November 21, 2022
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with the City Attorney's handling of the Marriott development incentive agreement.
MARCIA WEASMA, BARSTOW, CALIFORNIA
- Asked if Measure Q funds would be used to cover lawsuits.
KIM MARTIN, BARSTOW, CALIFORNIA
- Asked if the third party investigation was conducted by attorneys from CITY ATTORNEY MATTHEW SUMMERS' firm.
- Asked who conducted the third party investigation.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that the third party investigation was not conducted by any attorneys with his firm. - Also noted that he currently could not disclose who conducted the third party investigation.
ET SNELL, BARSTOW, CALIFORNIA
- Stated that the item should be tabled and other options should be explored. - Discussed concerns with the City Attorney's handling of the Marriott development incentive agreement.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Expressed support for CITY ATTORNEY MATTHEW SUMMERS.
- Discussed concerns with the City Attorney's handling of the Marriott development incentive agreement, with public comments not being read and speakers not being on camera. - Also discussed concerns with MAYOR COURTNEY.
COUNCIL MEMBER SILVA
- Stated he was not opposed to building the Marriott, but opposed the Transient Occupancy Tax incentive.
COUNCIL MEMBER ROSE
- Stated she was not opposed to building the Marriott, but opposed the Transient Occupancy Tax incentive.
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).
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.
Minutes-November 21, 2022
Motion by COUNCIL MEMBER SILVA, seconded by MAYOR PRO TEM NOBLE to table Item 8 to a future meeting as determined by the City Manager.
SPEAKERS
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Stated that additional Code Compliance Officers were needed.
RESULT: TABLED
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.
Motion by COUNCIL MEMBER SILVA, seconded by MAYOR PRO TEM NOBLE to table Item 9 to a future meeting as determined by the City Manager.
RESULT: TABLED
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.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk.
COUNCIL MEMBER SILVA
- Asked for clarification on item 1 b and if the term was 25 years or two, five year options. - Asked if anyone reviewed Item 15 on the title report to determine if there were any land use restrictions.
COUNCIL MEMBER DYER KRUSE
- Asked if the previous liens on the property had been paid as there was no documentation verify that liens were cleared.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated that the County of San Bernardino confirmed that the liens had been paid and updating the title report with the County was a lengthy process.
DEVON JULIAN OF CULTURE BARSTOW ON THE 15, LLC
- Stated all liens on the property had been cleared.
- Also noted that land use restrictions only applied to gas stations.
Minutes-November 21, 2022
COUNCIL MEMBER SILVA
- Requested that a copy of the deed restriction be provided to the City.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that staff would also verify the land use restrictions.
DEVON JULIAN OF CULTURE BARSTOW ON THE 15, LLC
- Discussed the proposed project including hiring procedures, security and cash handling procedures.
COUNCIL MEMBER DYER KRUSE
- Requested that the full amount for the Community Promotional Fund be paid.
COUNCIL MEMBER ROSE
- Asked staff to explain what the Community Promotional Fund would entail.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated that the Council was responsible for adopting the Community Promotional Fund budget and making recommendations on how funds were used.
DEVON JULIAN OF CULTURE BARSTOW ON THE 15, LLC
- Discussed various community partnerships his company had engaged in with other communities.
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 8:42 P.M.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked how community promotional funds collected would be used. - Also asked for the status on how the City would address all of the cannabis related flags that were placed throughout Lenwood.
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Expressed support for the project.
MARCIA WEASMA, BARSTOW, CALIFORNIA
- Encouraged the City Council to vote wisely on the project.
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 8:54 P.M.
Motion by COUNCIL MEMBER SILVA, seconded by MAYOR COURTNEY, and unanimously carried, to introduce Ordinance No. 994-2022 approving Culture Barstow on the 15 LLC’s application for a Commercial Cannabis Dispensary permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements, with staff reviewing the land use and deed restrictions in the agreement to ensure there are no restrictions and to increase the Community Promotional Fund donation to $65,000.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
Minutes-November 21, 2022
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.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk. - Stated that Merchants Barstow, LLC was applying for a permit for a Commercial Cannabis Dispensary, Cultivation, Distribution/Transportation, Manufacturing, and Non-Store Front Delivery at 2552 Mercantile Way Building #1-24.
COUNCIL MEMBER DYER KRUSE RECUSED HERSELF FROM THE MEETING AT 9:00 P.M.
THE ITEM AS HER EMPLOYER OWNS PROPERTY WITHIN 500 FEET FROM THE PROPOSED SITE.
COUNCIL MEMBER SILVA
- Stated that the last paragraph on page 3 of the Multi-Tenant Development Agreement (page 230 of the packet) conflicts with Section 19.27.090 g b of the ordinance. Asked what would take precedence upon approval.
CITY ATTORNEY MATTHEW SUMMERS
- Stated the development agreement would take precedence over the provisions of the ordinance.
COUNCIL MEMBER SILVA
- Asked why cannabis events were included when the ordinance prevented onsite consumption. - Discussed concerns with Section 2 of the agreement (page 275 of the packet) and with the Council delegating authority to staff to review and approve each applicant submitted by the master tenant Merchants Barstow LLC.
- Discussed concerns with Section B of the Assignment and Assumption Agreement (page 274 of the packet).
CITY ATTORNEY MATTHEW SUMMERS
- Stated that onsite consumption would be subject to Council approval. - Also noted that the Council could require approval for each individual tenant.
JOHN ZIMMERMAN, MERCANTS BARSTOW, LLC
- Discussed the proposed project.
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 9:29 P.M.
MAYOR COURTNEY
- Agreed that the City should not transfer any rights to one developer. - Stated that the Council should retain control of the sub-applicants.
Minutes-November 21, 2022
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Expressed concerns with providing the developer with authority to approve each sub-applicant.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with staff's ability to vet and process the sub-applicants.
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Asked what the cost was for the City Attorney to draft the development agreement. - Asked if Barstow Outlets LLC contributed to MAYOR COURTNEY'S campaign.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with Barstow Outlets LLC contributing to MAYOR COURTNEY'S campaign.
- Asked why MAYOR COURTNEY did not recuse himself from the item.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that to his knowledge, Barstow Outlets LLC did not contribute to the candidate-controlled committee, but there were independent expenditures supporting the campaign.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that the City should not relinquish any control and the application process should be fair to all applicants who comply with the law.
- Suggested tabling the item until COUNCIL MEMBER SILVA'S questions were answered.
Motion by COUNCIL MEMBER SILVA, seconded by MAYOR PRO TEM NOBLE to open the item for discussion.
DISCUSSION
MAYOR COURTNEY
- Stated that Barstow Outlets LLC made third-party contributions to his, COUNCIL MEMBER DYER KRUSE and COUNCIL MEMBER ROSE'S campaigns.
- Agreed that the Council should vet and approve the applicants.
CITY ATTORNEY MATTHEW SUMMERS
- Discussed the accreditation process for each sub-applicant.
MAYOR PRO TEM NOBLE
- Recommended tabling the item for further review.
COUNCIL MEMBER ROSE
- Recommended moving the item forward.
- Stated that Barstow Outlets LLC endorsed her campaign, but she did not have control over the expenditure of funds.
- Stated the voters who trusted her to represent Barstow were the reason she was on the City Council.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated that staff was aware of the clouded title on Culture Barstow on the 15, LLC's property and made the Planning Commission aware.
- Also discussed staff's process for reviewing applications.
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 10:11 P.M.
Minutes-November 21, 2022
Motion by MAYOR COURTNEY, no second, to introduce Ordinance No. 995-2022 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. Motion died due to lack of a second.
JOHN ZIMMERMAN, MERCANTS BARSTOW, LLC
- Stated that all sub-applicants were subject to rules and regulations of the State Bureau of Cannabis Control.
- Stated that Barstow Outlets, LLC owned the property, but was not involved in the operations.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that the applicant retains the right to apply for individual development agreements per the Municipal Code.
RESULT: TABLED
RECESS:
MAYOR COURTNEY CALLED FOR A RECESS AT 10:11 P.M.
THE MEETING RECONVENED AT 10:18 P.M. WITH ALL COUNCIL MEMBERS PRESENT.
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
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if there was a report on the Measure Q fund and how funds were being spent. - Asked if funds were spent on attorney's fees.
CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if PERMA was terminating the City liability's coverage. - Asked how the City's bio-solids contract with Synagro was affected by the cease and desist order issued to Synagro on September 29, 2022.
- Wished all a Happy Thanksgiving.
LEONARD WILLIAMS, BARSTOW, CALIFORNA
- Discussed concerns with MAYOR COURTNEY and Mr. Pack's comments at the November 7, 2022 meeting.
PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Discussed concerns regarding Mr. Pack's comments at the November 7, 2022 meeting. - Also discussed concerns with the length of Council comments, publicly discussing Closed Session items and the placement of the podium.
KIM MARTIN, BARSTOW, CALIFORNIA
- Thanked MAYOR COURTNEY for his dedication to the community. - Thanked BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH for the sidewalk repairs.
Minutes-November 21, 2022
- Asked if MAYOR COURTNEY was currently being investigated by the FBI. - Asked if City Council Members were drug tested.
TED WEASMA, BARSTOW, CALIFORNIA
- Congratulated MAYOR PRO TEM NOBLE and CARMEN HERNANDEZ for winning the November 8, 2022 election.
- Suggested publishing the agenda sooner and discussed ideas for honoring residents who contributed to the community.
MARCIA WEASMA, BARSTOW, CALIFORNIA
- Encouraged the community to donate to the Barstow Senior Center's holiday meal program. - Stated that the public and Council Members need more time to review the agenda. - Invited the community to attend the Barstow Senior Center's upcoming Thanksgiving Dinner and Dessert Day and stated that volunteers were needed to serve meals.
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Requested a forensic audit of the Barstow Professional Firefighters Association's finances.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY'S affiliation with Barstow Outlets, LLC and with trying to remove him from the Barstow Youth Football program.
BILLIE BRAUN, OWNER OF BILLIE'S KITCHEN
- Encouraged the community to participate in the upcoming Letter's to Santa event. - Stated that the funeral procession for Tommy Sanders was scheduled for November 23, 2022 at 9:30 A.M.
- Thanked all who participated in the recent Tacos with Cops event.
JIM BROWN, BARSTOW, CALIFORNIA
- Thanked COUNCIL MEMBER SILVA for his service.
- Discussed concerns with CITY TREASURER MICHAEL LEWIS not being present at Council meetings.
- Discussed concerns with CITY MANAGER WILLIE HOPKINS, JR.
STAFF REPORTS:
None.
PUBLIC SAFETY UPDATES:
POLICE CHIEF ANDREW ESPINOZA, JR.
- Thanked all who participated in the recent Officers versus Barstow High School Boys Basketball Team Tournament.
- Also thanked all who participated in the recent Tacos with Cops event. - Wished all a Happy Thanksgiving.
ACTING FIRE CHIEF NICK DINAPOLI
- Discussed Thanksgiving safety tips and wished all a happy holiday.
SUSPEND RULES:
Motion by MAYOR PRO TEM NOBLE, seconded by COUNCIL MEMBER ROSE, and unanimously carried to suspend the rules and continue the meeting past 11:00 P.M.
Minutes-November 21, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
CITY MANAGER / DISTRICT MANAGER COMMENTS:
WILLIE HOPKINS, JR.
- Stated that the City would be releasing its first national press release regarding the First Street Bridge.
- Wished all a Happy Thanksgiving.
COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Stated that COUNCIL MEMBER SILVA chaired his final Homeward Bound Committee meeting and would report on the meeting during his comments.
- Also noted that the November 29, 2022 Rules and Policies meeting was cancelled.
MAYOR PRO TEM NOBLE
- Discussed recent Victor Valley Transit Authority meetings and events. - Stated he attended two military balls recently.
- Also noted that the next Military Affairs meeting was December 13, 2022.
COUNCIL MEMBER DYER KRUSE
- No committee reports/updates.
COUNCIL MEMBER SILVA
- Discussed the November 9, 2022 Homeward Bound Committee meeting.
MAYOR COURTNEY
- Stated he attended two military balls recently.
- Discussed recent San Bernardino County Transportation Authority and Southern California Association of Governments meetings.
BUSINESS OF THE COUNCIL:
COUNCIL MEMBER ROSE
- Wished all a Happy Thanksgiving.
- Requested a moment of silence in honor of deceased local veterans at the next Council meeting. - Discussed concerns with MAYOR COURTNEY including the pending lawsuits and potential cancellation of coverage by the City's risk management authority. - Urged MAYOR COURTNEY to resign and asked that the Council also publicly urge his resignation. - Motioned, seconded by MAYOR PRO TEM NOBLE, to adopt a resolution of no confidence in MAYOR COURTNEY representing the City of Barstow as Mayor.
MAYOR PRO TEM NOBLE
- No comments.
COUNCIL MEMBER DYER KRUSE
- Stated she recently attended the Veteran's Day event at the Barstow Cemetery and the Employee Recognition Luncheon.
MAYOR COURTNEY
- Wished all happy holidays.
Minutes-November 21, 2022
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 11:09 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