BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
DECEMBER 21, 2022
12:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-December 21, 2022
THIS ADJOURNED JOINT SPECIAL CITY COUNCIL MEETING WAS ADJOURNED FROM THE JOINT SPECIAL CITY COUNCIL MEETING THAT WAS HELD ON DECEMBER 19, 2022. AT THIS MEETING, THE COUNCIL UNANIMOUSLY APPROVED CONSIDERING ITEM 37 AHEAD OF ITEMS 11 – 35.
CALL TO ORDER:
MAYOR COURTNEY called the meeting to order at 12:02 P.M.
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
Carmen Hernandez Council Member Present
PUBLIC HEARINGS:
COUNCILMEMBER HERNANDEZ
- Requested that Items 11 - 34 be referred to the Planning Commission for review as all previous cannabis applicants were reviewed by the Planning Commission.
COUNCILMEMBER DYER KRUSE recused from the meeting at 1:43 P.M.
Motion by COUNCILMEMBER HERNANDEZ, seconded by COUNCILMEMBER ROSE to open Items 11 - 34 for discussion.
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 1:44 P.M.
CITY ATTORNEY MATTHEW SUMMERS
- Stated that review of the subtenants by the Planning Commission was not legally required.
Discussion ensued about the Planning Commission's process for approving land use and the disclosure of the applicant's names during the process.
Minutes-December 21, 2022
MAYOR PRO TEM NOBLE
- Asked if review by the Planning Commission would change the outcome of the applicants and the project.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated that the same applications and development agreements would go back to the Council after review by the Planning Commission.
Discussion ensued about the California Environmental Quality Act (CEQA) requirements, and electrical and water requirements.
COUNCILMEMBER HERNANDEZ
- Asked about the electrical requirements of the project. - Also noted that each applicant should be present and follow the same process clarifying each unit was different.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated that Southern California Edison who would provide power, but the applicants had gas powered generators in the event of a power outage.
COUNCILMEMBER ROSE
- Requested clarification on water usage for the project.
GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Stated that the developer was responsible of addressing utility usage not the Planning Commission. - Also noted that cannabis operators were required to capture and reuse water as much as possible.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Explained the process of reusing water for cannabis related projects.
SPEAKERS
JIM BROWN, BARSTOW, CALIFORNIA
- Expressed support for the project going before the Planning Commission. - Asked when the applicant would start operating if the project was approved.
BILLIE BRAUN, BARSTOW, CALIFORNIA
- Discussed concerns with impacts to the Barstow International Gateway Project along with concerns regarding water and the negative perception cannabis would create among the community.
JOE VAIL, MINISTER OF MOJAVE DESERT CHRISTIAN CHURCH
- Discussed concerns with commercial cannabis.
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed medical benefits of cannabis.
- Also discussed concerns with MAYOR COURTNEY and CITY ATTORNEY MATTHEW SUMMERS.
LATRINA WALLACE, BARSTOW, CALIFORNIA
- Stated that more education was needed on the commercial cannabis process. - Asked how cannabis revenues would be spent and suggested establishing an oversight committee.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that past practice was to have the applicants attend Planning Commission and Council meetings to provide information and answer questions.
- Discussed concerns with not requiring each applicant follow the same process.
Minutes-December 21, 2022
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asked about the City's liability if the projects were not approved.
BUSHAWN CARPENTER, TOTAL RESTORATION CHURCH
- Read a statement from the Barstow Christian Ministers Association opposing commercial cannabis and the projects.
DISCUSSION
GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Discussed stringent water requirements imposed on applicants along with an additional police substation.
- Stated that staff had worked since March to ensure that each applicant was following all state and local rules and regulations.
- Also noted that the application period had been closed due to the volume of applicants.
Motion by COUNCILMEMBER HERNANDEZ, seconded by COUNCILMEMBER ROSE, to refer Items 11 - 34 to the Planning Commission. Motion failed 2-2, with COUNCILMEMBER DYER KRUSE abstaining.
Motion by COUNCILMEMBER ROSE, seconded by MAYOR COURTNEY, and carried 3-1 with COUNCILMEMBER DYER KRUSE abstaining, to introduce and conduct a first reading of Ordinances 995-2022, 996-2022, 997-2022, 998-2022, 999-2022, 1000-2022, 1001-2022, 1002-2022, 1003-2022, 1004-2022, 1005-2022, 1006-2022, 1007-2022, 1008-2022, 1009-2022, 1010-2022, 1011-2022, 1012-2022, 1013-2022, 1014-2022, 1015-2022, 1016-2022, 1017-2022, and 1018-2022, with the following amendments:
1) $65,000 paid towards the community benefits program for each retail dispensary (Sky Club HD, LLC and Winners Circle HD, LLC)
2) Correct date errors on applications and complete missing information 3) Change notice of exemption to read CEQA exemption
COUNCILMEMBER ROSE stated that her intent with the motion was to consider and vote on each item individually.
MAYOR COURTNEY, MAYOR PRO TEM NOBLE and CITY ATTORNEY MATTHEW SUMMERS stated that they understood the motion was to introduce and conduct a first reading of the ordinances listed on Items 11 – 34.
CITY CLERK SERVICES MANAGER CHRISTINA RUDSELL
- Clarified that the motion entered into the record was to introduce and conduct a first reading of the ordinances listed on Items 11 – 34.
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.
Minutes-December 21, 2022
RESULT: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
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.
RESULT: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
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: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
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 Minutes-December 21, 2022
the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.
RESULT: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSENT: Kruse
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.
RESULT: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
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: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
Minutes-December 21, 2022
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: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
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.
RESULT: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
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.
Minutes-December 21, 2022
RESULT: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
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: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
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.
RESULT: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
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 Minutes-December 21, 2022
the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.
RESULT: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
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: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
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.
RESULT: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
Minutes-December 21, 2022
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: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSENT: Kruse
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: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
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 21, 2022
RESULT: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
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: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
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: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
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 Minutes-December 21, 2022
the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.
RESULT: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
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: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
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: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
Minutes-December 21, 2022
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.
RESULT: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
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: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 3:10 P.M.
COUNCILMEMBER DYER KRUSE returned to the meeting at 3:11 P.M.
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.
Minutes-December 21, 2022
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk.
MAYOR PRO TEM NOBLE
- Asked what the requirements were for the Code Compliance Officer positions.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated that most positions were entry-level with the only requirement being a high school diploma.
- Also noted that the officers would receiving training from existing staff and attend a code enforcement training academy.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
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.
CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk.
COUNCILMEMBER HERNANDEZ
- Recommended reviewing assignments based on Councilmember preference. - Offered to serve on committees that meet during the day due to her being retired. - Requested serving on the Mojave Air Quality Management District (MDAQMD) Board, San Bernardino County Transportation Authority (SBCTA) Board and Streets Committee.
COUNCILMEMBER ROSE
- Asked for clarification on if the appointments were made by consensus of the Council.
CITY ATTORNEY MATTHEW SUMMERS
- Clarified that the appointments were made by consensus of the Council.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked how the Council was going to proceed with selecting Streets Committee members. - Stated that individuals who have attended the meetings and have an interest should be selected as committee members.
MAYOR COURTNEY
- Stated that the City would address how committee members were selected.
COUNCILMEMBER DYER KRUSE
Minutes-December 21, 2022
- Stated that the District 4 vacancy on the Measure Q Commission was vacant and would be filled until after the election.
DISCUSSION
COUNCILMEMBER ROSE
- Stated that each Councilmember was responsible for ensuring that vacancies in their respective district were filled and that their representatives attended meetings. - Endorsed COUNCILMEMBER HERNANDEZ as the representative for the SBCTA Board. Also discussed concerns with MAYOR COURTNEY's attendance at SBCTA meetings and him not contacting her as the alternate when he could not attend. - Also endorsed COUNCILMEMBER HERNANDEZ's request to service on the MDAQMD Board and Streets Committee.
- Requested to continue to remain as the Chair of the Rules and Policies and Homeward Bound Committees.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Discussed accomplishments of the Rules and Policies Committee during COUNCILMEMBER ROSE's tenure.
LATRINA WALLACE, BARSTOW, CALIFORNIA
- Expressed support for COUNCILMEMBER ROSE continuing to serve on the Homeward Bound Committee.
MAYOR COURTNEY
- Discussed concerns with COUNCILMEMBER ROSE serving on the Homeward Bound Committee, causing division and a cease and desist order being served on a resident. - Encouraged COUNCILMEMBER HERNANDEZ to be involved with SBCTA and discussed funding that the City received during his tenure.
COUNCILMEMBER DYER KRUSE
- Recommended MAYOR COURTNEY continue to serve on the SBCTA Board with COUNCILMEMBER HERNANDEZ as an alternate.
- Requested to continue with her current appointments and offered to serve as alternate on the Rules and Policies Committee and the Southern California Association of Governments. - Requested to serve as the representative of the Southern California Edison Government Advisory Panel (SCE GAP).
- Encouraged alternates to attend meetings and always be aware of their respective committee issues and be prepared in advance.
MAYOR COURTNEY
- Stated that he did not support COUNCILMEMBER ROSE as the chair of the Rules and Policies Committee and discussed concerns with her service.
COUNCILMEMBER HERNANDEZ
- Stated that Southern California Edison contacted her about serving and stated that she could serve as an alternate on the SCE GAP.
- Requested to serve on the Finance Committee.
- Stated that the Barstow Gaming and Wastewater Committees should be removed.
CITY ATTORNEY MATTHEW SUMMERS
- Addressed the cease and desist letter from Mr. Darrin Fikstad's attorney noting that no litigation had been filed.
Minutes-December 21, 2022
Motion by COUNCILMEMBER HERNANDEZ, seconded by MAYOR PRO TEM NOBLE, and unanimously carried, to approve committee appointments with the exception of the SBCTA Board, Homeward Bound, Rules and Policies and Streets Committee.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
CITY MANANGER WILLIE HOPKINS, JR.
- Stated that the Streets Committee would remain and meet biennially or annually.
COUNCILMEMBER HERNANDEZ
- Recommended that the Streets Committee to continue to meet monthly due to its importance in the community.
SBCTA BOARD OF DIRECTORS
MAYOR COURTNEY
- Discussed accomplishments during his tenure on the SBCTA Board of Directors and requested to continue to serve as the Chair.
COUNCILMEMBER ROSE
- Stated that her concerns with MAYOR COURTNEY are a result of his proven attendance record.
COUNCILMEMBER HERNANDEZ
- Stated that she was willing to serve as the alternate as long as MAYOR COURTNEY advises her in advance if he cannot attend and be punctual at the meeting.
MAYOR PRO TEM NOBLE
- Expressed frustration with the length of time to discuss the item and encouraged the Council to work together as a team and address differences behind closed doors.
Motion by MAYOR PRO TEM NOBLE, seconded by COUNCILMEMBER DYER KRUSE, and carried 4-0, to appoint MAYOR COURTNEY as the representative and COUNCILMEMBER HERNANDEZ as the alternate to the SBCTA Board of Directors. MAYOR COURTNEY abstained.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Kruse, Noble, Rose, Courtney, Hernandez
HOMEWARD BOUND COMMITTEE
Motion by MAYOR PRO TEM NOBLE, seconded by COUNCILMEMBER DYER KRUSE, and carried 4-0, to appoint COUNCILMEMBER ROSE as the chair and COUNCILMEMBER HERNANDEZ as the vice-chair to the Homeward Bound Committee. MAYOR COURTNEY abstained.
Minutes-December 21, 2022
RESULT: APPROVED [4 TO 1]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Kruse, Noble, Rose, Hernandez
ABSTAIN: Courtney
RULES AND POLICIES COMMITTEE
Motion by MAYOR PRO TEM NOBLE, seconded by COUNCILMEMBER ROSE, and unanimously carried to appoint COUNCILMEMBER ROSE as the chair and COUNCILMEMBER DYER KRUSE as the vice-chair to the Rules and Policies Committee.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
STREETS COMMITTEE
Motion by MAYOR PRO TEM NOBLE, seconded by COUNCILMEMBER ROSE, and unanimously carried, to continue the Streets Committee mandate with meetings occurring monthly or as needed with COUNCILMEMBER DYER KRUSE as the chair and COUNCILMEMBER HERNANDEZ as the vice-chair.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
RECESS:
MAYOR COURTNEY CALLED FOR A RECESS AT 1:24 P.M.
THE MEETING RECONVENED AT 1:37 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.
JOHN HILL, BARSTOW, CALIFORNIA
- Discussed research conducted on political discord.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Apologized to Mayor Pro Tem Noble for stating he had no confidence in him. - Discussed concerns with MAYOR COURTNEY's inaccurate statements regarding the Marriott development agreement and various items of litigation.
Minutes-December 21, 2022
- Also asked MAYOR COURTNEY if he recently distributed the letter from COUNCILMEMBER ROSE's family.
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed concerns with public records requests and CITY ATTORNEY MATTHEW SUMMERS.
JIM BROWN, BARSTOW, CALIFORNIA
- Asked why former Mayor Julie Hackbarth-McIntyre was not appointed to the Streets Committee. - Stated that the Streets Committee should meet monthly. - Expressed support for ACTING FIRE CHIEF NICK DINAPOLI.
KIM MARTIN
- Expressed support for MAYOR COURTNEY and discussed concerns with Mr. Williams and COUNCILMEMBER ROSE.
BILLIE BRAUN, OWNER OF BILLIE'S KITCHEN
- Provided an update on the recent Letter's to Santa event. - Thanked the Council for their support.
LATRINA WALLACE, BARSTOW, CALIFORNIA
- Discussed the medical benefits of cannabis and encouraged education of the community on the topic.
- Expressed concerns with MAYOR COURTNEY and COUNCILMEMBER ROSE.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked for a status on the balance of Measure Q funds. - Addressed comments regarding the City's liability as it related to the commercial cannabis projects. - Discussed concerns with MAYOR PRO TEM NOBLE and COUNCILMEMBER ROSE not having Items 11 - 34 discussed by the Council.
ANN TAYLOR, BARSTOW, CALIFORNIA
- Thanked the Mayor and Council for their service, for street improvements and addressing blighted properties throughout the city.
STAFF REPORTS:
None.
RECESS:
MAYOR COURTNEY CALLED FOR A RECESS AT 3:49 P.M.
THE MEETING RESUMED AT 3:55 P.M. WITH ALL MEMBERS PRESENT.
PUBLIC SAFETY UPDATES:
ACTING FIRE CHIEF NICK DINAPOLI
- Expressed condolences to the family of retired Barstow Fire Captain John McNelis who recently passed away.
POLICE CHIEF ANDREW ESPINOZA JR.
- Thanked the Council for their support of the Police Department throughout the year. - Discussed the upcoming Christmas, Cops and Kids event on December 24, 2022. - Provided holiday safety tips and wished all a happy holiday and new year.
Minutes-December 21, 2022
CITY MANAGER / DISTRICT MANAGER COMMENTS:
CITY MANAGER WILLIE HOPKINS, JR.
- Discussed national announcements regarding the First Street Bridge and stated the groundbreaking ceremony was January 26, 2023 at 10 A.M.
- Stated that recruitments for District 3 and 4 vacancies on the Measure Q Resident Oversight Commission would start in January. Also noted that staff would be improving the recruitment process for the City's various committees.
COUNCIL COMMITTEE REPORTS:
COUNCILMEMBER ROSE
- Stated that the Homeward Bound and Rules and Policies Committees were dark in December.
MAYOR PRO TEM NOBLE
- Stated he attended the December 13, 2022 Military Affairs Committee meeting, the next meeting was January 10, 2023 and invited the public to attend.
- Noted that the Victor Valley Transit Authority meeting was dark in December.
COUNCILMEMBER DYER KRUSE
- No committee reports.
COUNCILMEMBER HERNANDEZ
- No committee reports
MAYOR COURTNEY
- No committee reports.
BUSINESS OF THE COUNCIL:
COUNCILMEMBER ROSE
- Thanked City staff and the Police and Fire Chiefs for all of their support and hard work throughout the year.
- Also thanked the Council, the community and her family for their support. - Wished all a happy holiday and new year.
MAYOR PRO TEM NOBLE
- Thanked City staff for all their hard work throughout the year. - Stated he looked forward to a positive start and the Council and community working together in the upcoming year.
- Addressed COUNCILMEMBER HERNANDEZ's concerns.
- Informed Mr. Hernandez that recent Treasurer's reports would be provided. - Thanked District 2 constituents and his campaign manager for their support during the recent election.
COUNCILMEMBER DYER KRUSE
- On behalf of Barstow resident Marcia Weasma, encouraged all to volunteer and support the Barstow Senior Citizen's Center Holiday Meal program.
- Thanked City staff for all their hard work throughout the year. - Encouraged the community to treat each other with kindness and respect and work together. - Wished all a happy holiday and new year.
COUNCILMEMBER HERNANDEZ
- Motioned to add a discussion of including public speakers on camera to the next agenda.
Councilmember Rose seconded.
Minutes-December 21, 2022
- Thanked the community for their support during the recent election. - Stated she looked forward to the Council and community working together in the upcoming year. - Wished all a happy holiday and new year.
MAYOR COURTNEY
- On behalf of Barstow resident Ted Weasma, discussed the history of the Barstow Senior Citizen's Holiday Meal program.
- Thanked the Council, City Attorney and City Manager for their support and looked forward to working together in the upcoming year to move Barstow forward. - Thanked the community for their support.
- Also discussed recent toy giveaway event and upcoming food giveaway event at EC Barstow on December 22, 2022.
- Thanked all City staff and the Police and Fire Chiefs for their hard work.
ADJOURNMENT:
By the consensus of the City Council and without objection the meeting was adjourned at 4:32 P.M. in memory of retired Barstow Fire Captain John McNelis.
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