BARSTOW CITY COUNCIL/SUCCESSOR AGENCY/BFPD
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
DECEMBER 5, 2022
6:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA
JOINT SPECIAL MEETING
Agenda-December 5, 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-December 5, 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]
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.
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.
Agenda-December 5, 2022
PRESENTATIONS:
2. PRESENTATION FROM SKYLINE NORTH ELEMENTARY SCHOOL
Recommended Action:
Presentation only.
3. PRESENTATION FROM BARSTOW COMMUNITY HOSPITAL
Recommended Action:
Presentation only.
4. PROPERTY ABATEMENT PROJECT UPDATE
Recommended Action:
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:
5. MINUTES REGULAR MEETING - NOVEMBER 21, 2022 AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
ACCOUNTS PAYABLE:
6. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #89368-89730 totaling $4,842,380.31 and wires #840-845 totaling $203,319.95, per the Agency breakdown below:
City: $4,793,878.63
Fire: $250,371.63
Successor Agency: $1,450.00
Grand Total: $5,045,700.26
CITY COUNCIL:
7. COMMUNITY PROMOTIONAL FUND APPLICATION FROM THE BARSTOW YOUTH SPORTS
COALITION
Recommended Action:
Approve Community Promotional Fund donation in the amount of $1,000 for waiver of fees for use of the Harvey House.
8. RESOLUTION TEMPORARILY CLOSING A PORTION OF WHITE STREET WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH SECTION 21101(E) OF THE CALIFORNIA VEHICLE
CODE FOR LETTERS TO SANTA CHRISTMAS PARTY
Recommended Action:
Adopt Resolution ____ - 2022 in accordance with Section 21101(E) of the California Vehicle Code and waive the full reading.
Agenda-December 5, 2022
9. ADOPTION OF ORDINANCE 994-2022 APPROVING DEVELOPMENT AGREEMENT WITH CULTURE BARSTOW ON THE 15 LLC
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 994-2022 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.
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:
10. APPROVAL OF CODE COMPLIANCE OFFICER I POSITIONS AND ADMINISTRATIVE
ANALYST 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.
11. REQUEST FOR VOTE OF NO CONFIDENCE IN MAYOR COURTNEY Recommended Action:
Staff recommends that the City Council consider Councilmember Rose and Mayor Pro Tem Noble’s request for a vote of no confidence, and in so doing consider any response or rebuttal from Mayor Courtney, hear public testimony and take any action determined to be appropriate based on the matters presented and deliberated.
Attachments:
Exhibit A -Resolution No. ____-2022 Expressing a Vote of No Confidence in the Mayor Exhibit B - Resolution No. 4289-2006 [Adopted Ethics Code and Censure Policy] PUBLIC HEARINGS:
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:
BUSINESS OF THE COUNCIL:
ADJOURNMENT:
Agenda-December 5, 2022
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 1st day of December, 2022.