BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
DECEMBER 19, 2022
7:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-December 19, 2022
CALL TO ORDER:
MAYOR COURTNEY called the meeting to order at 7:00 PM
INVOCATION:
PASTOR JAMES MILA from CROSSROADS ASSEMBLY OF GOD led the invocation 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 Councilmember Present
Barbara Mae Rose Councilmember Present
Paul Anthony Courtney Mayor Present
Timothy Silva Councilmember 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-December 19, 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.
Motion by COUNCIL MEMBER ROSE, seconded by MAYOR PRO TEM NOBLE, and unanimously carried to approve the agenda, pulling items 7 and 8 for discussion and moving items 36 and 37 ahead of items 11 - 34.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
CANVAS OF ELECTION RETURNS:
1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW Recommended Action:
Adopt Resolution No. 5112-2022 reciting the fact of the General Municipal Election held on November 8, 2022, declaring the results and such other matters as provided by law.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
2. PRESENTATION TO OUTGOING COUNCIL MEMBER TIMOTHY SILVA Recommended Action:
Presentation only.
ELAINE VILLAREAL, FIELD REPRESENTATIVE FOR SAN BERNARDINO COUNTY DISTRICT 3 SUPERVISOR DAWN ROWE
- Presented a proclamation from the San Bernardino County Board of Supervisors recognizing COUNCIL MEMBER SILVA for his service.
POLICE CHIEF ANDREW ESPINOZA, JR.
- Presented COUNCIL MEMBER SILVA with a medal of commendation on behalf of the Barstow Police Department.
MAYOR COURTNEY AND CITY COUNCIL
- Presented COUNCIL MEMBER SILVA with recognition plaque and thanked him for his service.
RESULT: PRESENTATION ONLY
3. ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED OFFICIALS (CITY COUNCIL
AND BARSTOW FIRE PROTECTION DISTRICT BOARD)
Recommended Action:
Administer the Oath of Office to the newly elected officials for the City Council and Barstow Fire Protection District Board. The City Clerk will present each newly elected official a Certificate of Election.
Minutes-December 19, 2022
CITY CLERK ANDREA FLORES administered the Oath of Office to the following:
District 1 Councilmember Carmen Hernandez
District 2 Mayor Pro Tem James Noble
RESULT: PRESENTATION ONLY
RECESS:
MAYOR COURTNEY called for a recess at 7:30 P.M. in order to allow the City Council to reorganize.
The meeting reconvened at 7:40 P.M. with MAYOR COURTNER, MAYOR PRO TEM NOBLE and COUNCILMEMBERS DYER KRUSE, HERNANDEZ and ROSE present.
MAYOR COURTNEY called for a recess with the City Attorney, City Manager and Police Chief at 7:42 P.M.
The meeting reconvened at 7:48 P.M. with all members present. .
PRESENTATIONS:
4. RECOGNITION OF WASTEWATER DIVISION FOR RECEIVING CALIFORNIA WATER
ENVIRONMENT ASSOCIATION AWARDS
Recommended Action:
Presentation only.
GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Presented the staff report as filed with the City Clerk.
MAYOR COURTNEY AND THE CITY COUNCIL
- Recognized WASTEWATER TREATMENT OPERATOR II TY SILVA who recently received the California Water Environment Association (CWEA) Desert and Mountain Section Operator of the Year Award.
- Recognized PLANT SUPERINTENDENT WESLEY GARRISION and the Wastewater Treatment Division staff for recently receiving the CWEA Desert and Mountain Section Wastewater Treatment Plant of the Year Award.
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-December 19, 2022
MINUTES ALL AGENCIES:
5. MINUTES JOINT SPECIAL MEETING - DECEMBER 5, 2022 AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
BFPD:
6. APPROVAL OF UPDATED MEMORANDUM OF UNDERSTANDING FOR UNIT 5 -
FIREFIGHTERS ASSOCIATION
Recommended Action:
Staff recommends that the District Board approve the MOU with Unit 5 and authorize the District Administrator to sign the agreement on the District’s behalf.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
CITY COUNCIL:
7. APPROVAL OF TRAVEL TO THE LEAGUE OF CALIFORNIA CITIES NEW MAYORS AND
COUNCIL MEMBERS ACADEMY IN UNIVERSAL CITY, CA
Recommended Action:
Approve travel of Mayor Courtney, Mayor Pro Tem Noble, Council Members Rose, and Kruse, to Universal City, CA for the League of California Cites New Mayors and Council Members Academy.
COUNCILMEMBER ROSE
- Stated that the Council would be attending the New Mayors and Council Members Academy and looked forward to being able to attend in person instead of virtually.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if each Council Member attending would be providing a report at the following Council meeting.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
Minutes-December 19, 2022
8. CONSIDERATION TO CANCEL THE CITY COUNCIL MEETING SCHEDULED FOR JANUARY 2, 2023
Recommended Action:
Cancel the January 2, 2023, City Council meeting.
COUNCILMEMBER ROSE
- Discussed concerns with not having a Council meeting until mid-January and asked that a special meeting be scheduled should there be many agenda items.
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that there were no items for the January 2, 2023 meeting and the January 17, 2023 did not have many items.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
9. LEASE AGREEMENT BETWEEN THE CITY OF BARSTOW AND THE BARSTOW SENIOR
CITIZEN CENTER
Recommended Action:
Staff recommends the City Council approve the updated Lease Agreement with Barstow Senior Citizen Center as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW DECLARING ITS
INTENTION TO SET THE TIME, DATE AND PLACE FOR A PROTEST HEARING FOR PROPERTY ABATEMENT COSTS AND PENALTIES FOR JANUARY 17, 2023 AT 7:00 PM Recommended Action:
Approve Resolution 5113-2022, setting the date and time for a protest hearing for Property Abatement Costs and Penalties for Tuesday, January 17, 2023 at 7:00 PM in the Council Chambers and waive the full reading.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
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).
Minutes-December 19, 2022
MOTION TO CONTINUE MEETING:
Motion by COUNCILMEMBER HERNANDEZ, seconded by COUNCILMEMBER ROSE, to table Items 11 - 34 due to the applicants not being considered by the Planning Commission and the applications being incorrect and incomplete.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that all of the applicant’s LLCs were in good standing with the Secretary of State. - Clarified that the Planning Commission only reviews and approves land use and Merchants Barstow LLC’s master lease agreement was approved by the Planning Commission.
Discussion ensued about land use, whether to table the items, schedule a special meeting or adjourn the meeting to another date.
Motion by COUNCILMEMBER ROSE, seconded by COUNCILMEMBER DYER KRUSE, and unanimously carried to adjourn the meeting to Wednesday, December 21, 2022 at 12.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
PUBLIC HEARINGS:
11. PUBLIC HEARING - CONSIDERATION OF DESERT BLOOM HOLDINGS, LLC COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 995-2022 approving Desert Bloom Holdings, LLC application for Commercial Cannabis Cultivation, 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.
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
12. PUBLIC HEARING - CONSIDERATION OF ZENGROW, INC. COMMERCIAL CANNABIS
APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 996-2022 approving Zengrow, Inc. application for Commercial Cultivation, Distribution/Transportation, Manufacturing, 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.
Minutes-December 19, 2022
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
13. PUBLIC HEARING - CONSIDERATION OF MERCHANTS BARSTOW 3, LLC COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 997-2022 approving Merchants Barstow 3, LLC application for Commercial Cannabis Cultivation, 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.
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
14. PUBLIC HEARING - CONSIDERATION OF MERCHANTS BARSTOW 4, LLC COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 998-2022 approving Merchants Barstow 4, LLC application for Commercial Cannabis Cultivation 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.
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
15. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 5, INC. COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 999-2022 approving Grow Organic 5, Inc. application for Commercial Cannabis Cultivation, 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.
Minutes-December 19, 2022
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
16. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 6, INC. COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 1000-2022 approving Grow Organic 5, Inc. application for Commercial Cannabis Cultivation, 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.
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
17. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 7, INC. COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 1001-2022 approving Grow Organic 7, Inc. application for Commercial Cannabis Cultivation, 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.
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
18. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC, INC. COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 1002-2022 approving Grow Organic, Inc. application for Commercial Cannabis Distribution/Transportation, Cannabis Manufacturing, 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.
Minutes-December 19, 2022
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
19. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 9, INC. COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 1003-2022 approving Grow Organic 9, Inc. application for Commercial Cannabis Cultivation, 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.
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
20. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 10, INC. COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 1004-2022 approving Grow Organic 10, Inc. application for Commercial Cannabis Cultivation, 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.
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
21. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 11, INC. COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 1005-2022 approving Grow Organic 11, Inc. application for Commercial Cannabis Cultivation, 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.
Minutes-December 19, 2022
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
22. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 12, INC. COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 1006-2022 approving Grow Organic 12, Inc. application for Commercial Cannabis Cultivation, 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.
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
23. PUBLIC HEARING - CONSIDERATION OF MERCHANTS BARSTOW 13, LLC COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 1007-2022 approving Merchants Barstow 13, LLC application for Commercial Cannabis Cultivation, 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.
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
24. PUBLIC HEARING - CONSIDERATION OF MERCHANTS BARSTOW 14, LLC COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 1008-2022 approving Merchants Barstow 14, LLC application for Commercial Cannabis Cultivation, 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.
Minutes-December 19, 2022
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
25. PUBLIC HEARING - CONSIDERATION OF HIGH PERIOR FARMS, LLC COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 1009-2022 approving High Perior Farms, LLC application for Commercial Cannabis Cultivation, Cannabis Distribution/Transportation, Cannabis Manufacturing, 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.
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
26. PUBLIC HEARING - CONSIDERATION OF K.H.G., LLC COMMERCIAL CANNABIS
APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 1010-2022 approving K.H.G. Group, LLC application for Commercial Cannabis Cultivation, 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.
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
27. PUBLIC HEARING - CONSIDERATION OF SKY CLUB HD, LLC COMMERCIAL CANNABIS
APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 1011-2022 approving Sky Club HD, LLC application for a Commercial Cannabis Dispensary, Commercial Cannabis Cultivation, 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.
Minutes-December 19, 2022
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
28. PUBLIC HEARING - CONSIDERATION OF WINNERS CIRCLE HD, LLC COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 1012-2022 approving Winners Circle HD, LLC application for a Commercial Cannabis Dispensary, Commercial Cannabis Cultivation, 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.
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
29. PUBLIC HEARING - CONSIDERATION OF 1919 BUILDING, INC. COMMERCIAL CANNABIS
APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 1013-2022 approving 1919 Building, Inc. application for Commercial Cannabis Distribution/Transportation, Commercial Cannabis Manufacturing, 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.
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
30. PUBLIC HEARING - CONSIDERATION OF 2119 BUILDING, INC. COMMERCIAL CANNABIS
APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 1014-2022 approving 2119 Building, Inc. application for a Commercial Cannabis Cultivation, 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.
Minutes-December 19, 2022
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
31. PUBLIC HEARING - CONSIDERATION OF BARSTOW COMPANY, INC. COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 1015-2022 approving Barstow Company, Inc. application for a Commercial Cannabis Cultivation permit, Commercial Cannabis Distribution/Transportation 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.
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
32. PUBLIC HEARING - CONSIDERATION OF BEVERLY HILLS VIEW, INC. COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 1016-2022 approving Beverly Hills View, Inc. application for a Commercial Cannabis Cultivation 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.
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
33. PUBLIC HEARING - CONSIDERATION OF LA 2 VEGAS, INC. COMMERCIAL CANNABIS
APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 1017-2022 approving LA 2 Vegas, Inc. application for a Commercial Cannabis Cultivation 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.
Minutes-December 19, 2022
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
34. PUBLIC HEARING - CONSIDERATION OF MERCHANTS BARSTOW, LLC COMMERCIAL
CANNABIS APPLICATION
Recommended Action:
Staff recommends the City Council introduce Ordinance No. 1018-2022 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.
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
35. APPROVAL OF CODE COMPLIANCE OFFICER I POSITIONS, SR. COMMUNITY DEVELOPMENT INSPECTOR, ADMINISTRATIVE ASSISTANT AND OFFICE ASSISTANT.
Recommended Action:
Staff is recommending Council approve the additional positions to be hired at the discretion of the City Manager.
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
36. 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. 5111-2022 Expressing a Vote of No Confidence in the Mayor Exhibit B - Resolution No. 4289-2006 [Adopted Ethics Code and Censure Policy] Exhibit C - Councilmember Rose’s Written Request for a No Confidence Resolution Minutes-December 19, 2022
OPENING REMARKS
COUNCILMEMBER ROSE
- Read a statement on why she was requesting a vote of no confidence in MAYOR COURTNEY.
MAYOR COURTNEY
- Discussed procedures for adding items to the agenda along with items outlined in the third party investigation.
- Stated that the current Censure Policy was not followed by the Council.
CITY ATTORNEY MATTHEW SUMMERS
- Clarified procedures for adding items to the agenda or rearranging the order of the agenda.
PUBLIC TESTIMONY
LATRINA WALLACE, BARSTOW, CALIFORNIA
- Stated that the request to censure MAYOR COURTNEY should not be personal. - Stated that MAYOR COURTNEY needed additional training.
PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Expressed support for MAYOR COURTNEY.
- Asked COUNCILMEMBER ROSE and MAYOR COURTNEY to let go of their differences in order to move the community forward.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with four lawsuits against the City from former employees. - Also discussed concerns with MAYOR COURTNEY attempting to hire his campaign strategist as the Public Information Officer.
TED WEASMA, BARSTOW, CALIFORNIA
- Stated that censuring MAYOR COURTNEY was unnecessary and the Council needed to move forward.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY attempting to remove him from the Barstow Youth Football League.
ET SNELL, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY.
JIM BROWN, BARSTOW, CALIFORNIA
- Discussed concerns with false police reports filed by MAYOR COURTNEY.
MARCIA WEASMA, BARSTOW, CALIFORNIA
- Stated that the City Council members needed to work together.
CLOSING REMARKS
COUNCILMEMBER ROSE
- Discussed concerns with MAYOR COURTNEY's conduct and the importance of holding him and the entire Council accountable.
- Stated that the proper protocol was followed with the Censure Policy. - Also discussed concerns with MAYOR COURTNEY's absences from the San Bernardino County Transportation Authority (SBCTA) Board meetings and how that affected funding for the City.
Minutes-December 19, 2022
MAYOR COURTNEY
- Addressed COUNCILMEMBER ROSE's comments and the funding received from SBCTA. - Addressed Mr. Williams' and Mr. Brown's comments and rumors regarding nepotism with the hiring of the City Manager.
- Stated that the City Council needed to work together to move the City forward.
COUNCILMEMBER QUESTIONS
COUNCILMEMBER HERNANDEZ
- Asked how the Council and community were supposed to have confidence in MAYOR COURTNEY based on prior actions making reference to the third party investigation. - Mentioned she was worried about MAYOR COURTNEY representing Barstow and meeting with other public officials and business owners in other cities without the Council or public’s knowledge.
COUNCILMEMBER DYER KRUSE
- Asked if the City had received a response to the third party investigation from the District Attorney.
- Asked that the Council review the provision on page 1951 of the agenda packet regarding censuring while criminal charges were pending.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that the District Attorney had not provided the City with a formal statement of the outcome of the investigation.
COUNCILMEMBER ROSE
- Asked if the proper protocol as outlined in the Censure Policy had been followed.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that the proper protocol had been followed.
COUNCILMEMBER COMMENTS
COUNCILMEMBER HERNANDEZ
- Discussed concerns with MAYOR COURTNEY and his treatments towards staff, not working with the Council and his representation of the City.
- Asked CITY ATTORNEY MATTHEW SUMMERS to clarify the provision regarding censuring while criminal charges were pending.
COUNCILMEMBER DYER KRUSE
- Recommended that no action be taken until the District Attorney issued the statement of the outcome of the third party investigation.
CITY ATTORNEY MATTHEW SUMMERS
- Clarified that the Council could elect to move forward with the censure as no criminal charges had been filed against MAYOR COURTNEY to the best of the City's knowledge.
COUNCILMEMBER ROSE
- Asked CITY ATTORNEY MATTHEW SUMMERS if censuring MAYOR COURTNEY would affect his right to a fair trial.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that he did not anticipate that adopting a resolution of no confidence would affect MAYOR COURTNEY's right to a fair trial as there were no criminal charges pending against him.
Minutes-December 19, 2022
MAYOR COURTNEY
- Stated that the Council needed to work together and treat each other with civility and respect. - Asked CITY MANAGER WILLIE HOPKINS, JR. to appoint a mediator to help the Council resolve their differences.
Motion by COUNCILMEMBER DYER KRUSE, no second, to take no action until the District Attorney responds to the findings of the third party investigation. Motion died for lack of a second.
Motion by COUNCILMEMBER ROSE, seconded by COUNCILMEMBER HERNANDEZ, to adopt Resolution No. 5111-2022 expressing a vote of no Confidence in the Mayor. Motion failed 2-2.
Motion by COUNCILMEMBER HERNANDEZ, seconded by MAYOR PRO TEM NOBLE, and unanimously carried, to continue the matter until the District Attorney issues a response to the findings of the third party investigation.
RESULT: CONTINUED
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Kruse, Noble, Rose, Hernandez
ABSTAIN: Courtney
BFPD/CITY COUNCIL:
37. JOINT ITEM - CITY COUNCIL/BARSTOW FIRE PROTECTION DISTRICT BOARD OF
DIRECTORS REORGANIZATION AND SELECTION OF COMMITTEE REPRESENTATIVES
AND ALTERNATES
Recommended Action:
The City Council/Barstow Fire Protection Board of Directors are asked to 1) approve the reorganization of the City Council/Barstow Fire Protection District Board of Directors and 2) determine committee representatives and alternates, establish new committees if needed, and delete non-functioning committees.
RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
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:
Minutes-December 19, 2022
BUSINESS OF THE COUNCIL:
ADJOURNMENT:
Motion by COUNCILMEMBER ROSE, seconded by COUNCILMEMBER DYER KRUSE, and unanimously carried at 11:22 P.M., to adjourn the meeting to Wednesday, December 21, 2022 at 12 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