BARSTOW CITY COUNCIL/HARVEY HOUSE/BFPD
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JANUARY 17, 2023
5:30 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-January 17, 2023
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the Closed Session meeting to order at 5:32 P.M.
INVOCATION:
MAYOR PRO TEM NOBLE led the invocation.
PLEDGE OF ALLEGIANCE:
MAYOR COURTNEY 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
Carmen Hernandez 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-January 17, 2023
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.
None.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
CLOSED SESSION AGENDA ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:
Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Salas v. City of Barstow, San Bernardino County Superior Court Case No. CIV-SB2111435
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:
Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Prothro v. City of Barstow, San Bernardino County Superior Court Case No. CIVSB-2116163
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:
Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Hernandez v. City of Barstow, San Bernardino County Superior Court Case No.
CIV-SB-2125628
4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Recommended Action:
(Gov. Code § 54956.9(d)(2) & (e)(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.
Receipt of Claim pursuant to Tort Claims Act or other written communication threatening litigation (copy available for public inspection in Clerk’s office). (Gov. Code § 54956.9(e)(3)) Name of Person or Entity Threatening Litigation: Kyle Wooley Minutes-January 17, 2023
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider four items, three regarding existing litigation and one regarding anticipated litigation. Direction was provided to Council and staff and no reportable action was taken.
INVOCATION:
KATIE SAMPLES from HIGH DESERT WORD CENTER gave 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 7:01 P.M.
PLEDGE OF ALLEGIANCE:
COUNCILMEMBER 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
Carmen Hernandez 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 COUNCILMEMBER HERNANDEZ, seconded by MAYOR PRO TEM NOBLE, and unanimously carried, to approve the agenda pulling Items 13 - 36 for discussion.
Minutes-January 17, 2023
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
PRESENTATIONS:
5. CERTIFICATE OF RECOGNITION FOR BARSTOW COMMUNITY FOOTBALL AND CHEER Recommended Action:
Presentation only.
The City Council presented certificates of appreciation to Barstow Community Football and Cheer and Junior Division 1 Coach Nathaniel Stone for winning the 2022 California Association of Youth Football and Cheer Championship.
RESULT: PRESENTATION ONLY
6. PRESENTATION OF PROCLAMATION IN RECOGNITION OF NATIONAL FAMILY
CAREGIVERS MONTH
Recommended Action:
Present proclamation in recognition of National Family Caregivers Month.
The City Council presented a proclamation to representatives from the SEIU Local 2015, California’s Long Term Care workers organization, in recognition of National Family Caregivers Month.
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.
None.
MINUTES ALL AGENCIES:
7. MINUTES JOINT SPECIAL MEETING - DECEMBER 19, 2022 AT 7:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
Minutes-January 17, 2023
8. MINUTES JOINT SPECIAL MEETING - DECEMBER 21, 2022 AT 12:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
ACCOUNTS PAYABLE ALL AGENCIES:
9. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #89731-90178 totaling $4,665,481.19 and wires #846-850 totaling $189,023.38, per the Agency breakdown below:
City: $4,574,115.54
Fire: $280,389.03
Successor Agency: $0.00
Grand Total: $4,854,504.57
COUNCILMEMBER DYER KRUSE
- Abstained from check #'s 89967 and 90002.
COUNCILMEMBER HERNANDEZ
- Abstained from check #' 90022.
MAYOR PRO TEM NOBLE
- Abstained from check #' 90037.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
HARVEY HOUSE:
10. HARVEY HOUSE FOUNDATION ARTICLES OF INCORPORATION / BYLAWS Recommended Action:
Reference item only.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
11. CHANGE OF OFFICERS FOR YEAR 2023
Recommended Action:
Approve the 2023 change of officers for the Harvey House Foundation and accept the 'Statement of Information' Form 100 and 'Statement of Facts' Form 405 for filing.
Minutes-January 17, 2023
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
12. FY 2022 ANNUAL REPORT OF THE BARSTOW HARVEY HOUSE FOUNDATION Recommended Action:
Review and accept the Barstow Harvey House Foundation Financial Statements for the fiscal year ending June 30, 2022.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
CITY COUNCIL:
13. ADOPTION OF ORDINANCE 995-2022 APPROVING DEVELOPMENT AGREEMENT WITH
DESERT BLOOM HOLDINGS, LLC
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 995-2022 approving Desert Bloom Holdings, LLC's 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: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
14. ADOPTION OF ORDINANCE 996-2022 APPROVING DEVELOPMENT AGREEMENT WITH ZENGROW, INC.
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 996-2022 approving Zengrow, Inc.'s 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-January 17, 2023
RESULT: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
15. ADOPTION OF ORDINANCE 997-2022 APPROVING DEVELOPMENT AGREEMENT WITH MERCHANTS BARSTOW 3, LLC
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 997-2022 approving Merchants Barstow 3, LLC’s 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: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
16. ADOPTION OF ORDINANCE 998-2022 APPROVING DEVELOPMENT AGREEMENT WITH MERCHANTS BARSTOW 4, LLC
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 998-2022 approving Merchants Barstow 4, LLC’s 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: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
17. ADOPTION OF ORDINANCE 999-2022 APPROVING DEVELOPMENT AGREEMENT WITH GROW ORGANIC 5, INC.
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 999-2022 approving Grow Organic 5, Inc.’s 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-January 17, 2023
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: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
18. ADOPTION OF ORDINANCE 1000-2022 APPROVING DEVELOPMENT AGREEMENT WITH GROW ORGANIC 6, INC.
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: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
19. ADOPTION OF ORDINANCE 1001-2022 APPROVING DEVELOPMENT AGREEMENT WITH GROW ORGANIC 7, INC.
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 1001-2022 approving Grow Organic 7, Inc.’s 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: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
Minutes-January 17, 2023
20. ADOPTION OF ORDINANCE 1002-2022 APPROVING DEVELOPMENT AGREEMENT WITH GROW ORGANIC, INC.
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 1002-2022 approving Grow Organic, Inc.’s 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: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
21. ADOPTION OF ORDINANCE 1003-2022 APPROVING DEVELOPMENT AGREEMENT WITH GROW ORGANIC 9, INC.
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 1003-2022 approving Grow Organic 9, Inc.’s 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: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
22. ADOPTION OF ORDINANCE 1004-2022 APPROVING DEVELOPMENT AGREEMENT WITH GROW ORGANIC 10, INC.
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 1004-2022 approving Grow Organic 10, Inc.’s 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-January 17, 2023
RESULT: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
23. ADOPTION OF ORDINANCE 1005-2022 APPROVING DEVELOPMENT AGREEMENT WITH GROW ORGANIC 11, INC.
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 1005-2022 approving Grow Organic 11, Inc.’s 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 0]
MOVER: Barbara Mae Rose, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
EXCUSED: Hernandez
RECUSED: Kruse
24. ADOPTION OF ORDINANCE 1006-2022 APPROVING DEVELOPMENT AGREEMENT WITH GROW ORGANIC 12, INC.
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 1006-2022 approving Grow Organic 12, Inc.’s 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: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
25. ADOPTION OF ORDINANCE 1007-2022 APPROVING DEVELOPMENT AGREEMENT WITH MERCHANTS BARSTOW 13, LLC
Recommended Action:
Staff recommends the City Council adopt 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 Minutes-January 17, 2023
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: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
26. ADOPTION OF ORDINANCE 1008-2022 APPROVING DEVELOPMENT AGREEMENT WITH MERCHANTS BARSTOW 14, LLC
Recommended Action:
Staff recommends the City Council adopt 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: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
27. ADOPTION OF ORDINANCE 1009-2022 APPROVING A DEVELOPMENT AGREEMENT WITH
HIGH PERIOR FARMS, LLC
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 1009-2022 approving High Perior Farms, LLC’s 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: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
Minutes-January 17, 2023
28. ADOPTION OF ORDINANCE 1010-2022 APPROVING DEVELOPMENT AGREEMENT WITH K.H.G., LLC
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 1010-2022 approving K.H.G. Group, LLC's 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: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
29. ADOPTION OF ORDINANCE 1011-2022 APPROVING DEVELOPMENT AGREEMENT WITH
SKY CLUB HD, LLC
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 1011-2022 approving Sky Club HD, LLC's 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: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
30. ADOPTION OF ORDINANCE 1012-2022 APPROVING DEVELOPMENT AGREEMENT WITH
WINNERS CIRCLE HD, LLC
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 1012-2022 approving Winners Circle HD, LLC’s 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-January 17, 2023
RESULT: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
31. ADOPTION OF ORDINANCE 1013-2022 APPROVING DEVELOPMENT AGREEMENT WITH 1919 BUILDING, INC.
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 1013-2022 approving 1919 Building, Inc.’s 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: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
32. ADOPTION OF ORDINANCE 1014-2022 APPROVING DEVELOPMENT AGREEMENT WITH 2119 BUILDING, INC.
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 1014-2022 approving 2119 Building, Inc.’s 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.
RESULT: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
33. ADOPTION OF ORDINANCE 1015-2022 APPROVING DEVELOPMENT AGREEMENT WITH BARSTOW COMPANY, INC.
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 1015-2022 approving Barstow Company, Inc.’s 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 Minutes-January 17, 2023
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: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
34. ADOPTION OF ORDINANCE 1016-2022 APPROVING DEVELOPMENT AGREEMENT WITH BEVERLY HILLS VIEW, INC.
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 1016-2022 approving Beverly Hills View, Inc.’s 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: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
35. ADOPTION OF ORDINANCE 1017-2022 APPROVING DEVELOPMENT AGREEMENT WITH LA 2 VEGAS, INC.
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 1017-2022 approving LA 2 Vegas, Inc.’s 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: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
Minutes-January 17, 2023
36. ADOPTION OF ORDINANCE 1018-2022 APPROVING DEVELOPMENT AGREEMENT WITH
MERCHANTS BARSTOW, LLC
Recommended Action:
Staff recommends the City Council adopt Ordinance No. 1018-2022 approving Merchants Barstow, LLC’s application for a Commercial Cannabis Cultivation Permit, Commercial Cannabis Distribution/Transportation Permit, Commercial Cannabis Manufacturing 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: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney
NAYS: Hernandez
RECUSED: Kruse
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).
ITEMS 13 - 36
COUNCILMEMBER DYER KRUSE RECUSED HERSELF FROM THE MEETING AT 7:33 P.M.
COUNCILMEMBER HERNANDEZ
- Discussed concerns with Conditional Use Permit (CUP) applications not being included in the agenda packet, registration of corporations through the State, and with the Planning Commission only reviewing and approving the Master Lease Agreement with Barstow Merchants, LLC. - Discussed concerns with the developer potentially threatening litigation against the City, Discussion ensued regarding Barstow Outlets, LLC making independent expenditures for MAYOR COURTNEY and COUNCILMEMBER ROSE's campaigns.
COUNCILMEMBER HERNANDEZ
- Discussed concerns with tracking CUP applications and making exceptions for the sub-applicants to not go before the Planning Commission for approval.
- Also cited concerns with Merchants Barstow, LLC advertising the site for lease prior to receiving approval from the City.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated that CUP's are numbered and tracked by the Planning Department for compliance. - Also discussed the process for suspending or revoking a CUP.
CITY ATTORNEY MATTHEW SUMMERS
- Clarified that the City cannot deny a CUP due to the developer advertising the site prior to approval by the City.
Discussion ensued regarding California Environmental Quality Act (CEQA) exemptions.
Minutes-January 17, 2023
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with individual applicants not going before the Planning Commission and City Council.
- Asked why the project was being rushed.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with the City passing a cannabis ordinance without voter approval or community input.
Motion by COUNCILMEMBER ROSE, seconded by MAYOR PRO TEM NOBLE, and approved 3 to 1 with COUNCILMEMBER DYER KRUSE recusing, to adopt Ordinance No’s 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.
COUNCILMEMBER DYER KRUSE RETURNED TO THE MEETING AT 8:20 P.M.
PUBLIC HEARINGS:
None.
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
37. DISCUSSION OF FEATURING SPEAKERS ON CAMERA DURING PUBLIC COMMENTS Recommended Action:
Discussion only; provide direction to staff.
CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk. - Provided an example on how the speakers would be featured on camera.
COUNCILMEMBERS ROSE and HERNANDEZ
- Expressed support for featuring speakers on camera and not suppressing freedom of speech.
Discussion ensued regarding protocol for suspending the camera if necessary and the importance of treating each other with respect and civility.
SPEAKERS
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asked why speakers were not featured on camera and discussed concerns with the Council suppressing free speech.
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that it was his decision after consulting with staff not to feature speakers on camera and no elected officials were involved in the decision.
- Also discussed technical issues that prevented speakers from being on camera.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that the Council should have decided on whether or not speakers were featured on camera.
- Asked if speakers would be featured on camera immediately during tonight's meeting.
Minutes-January 17, 2023
JIM BROWN, BARSTOW, CALIFORNIA
- Discussed concerns with the Council retaliating against members of the public.
It was the consensus of the Council to feature speakers on camera.
RESULT: COMPLETED
38. APPOINTMENT OF PLANNING COMMISSIONER
Recommended Action:
Staff recommends that the City Council take one of the two the following actions:
1. Appoint Juan Antonio DeLucas to another four (4) year term (1/1/2023 - 12/31/2026) or;
2. Direct that the City Clerk advertise the vacancy on the Planning Commission, instruct staff to establish time frames for the submittal of applications, and appoint two City Council members to a Selection Committee to conduct interviews with potential Planning Commission applicants.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk.
COUNCILMEMBER HERNANDEZ
- Asked if Planning Commissioners were appointed by district. - Requested that a notice of vacancy be advertised.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated that Planning Commissioners were appointed at-large.
Motion by COUNCILMEMBER HERNANDEZ to direct the City Clerk to advertise a notice of vacancy and solicit applications. Motion died for lack of a second.
DISCUSSION
COUNCILMEMBER DYER KRUSE
- Commended Mr. DeLucas on his service during the past two years and stated that the City has invested in him and his training as a Planning Commissioner.
MAYOR PRO TEM NOBLE
- Asked when the terms expired for the other Planning Commissioners.
CITY MANAGER WILLIE HOPKINS, JR.
- Stated that staff would send the Council the term expiration dates for the other Planning Commissioners.
Motion by COUNCILMEMBER ROSE, seconded by MAYOR COURTNEY, and unanimously carried, to appoint Juan Antonio DeLucas to another four (4) year term (1/1/2023 - 12/31/2026).
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
Minutes-January 17, 2023
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
DARRIN FIKSTAD, BARSTOW, CALIFORNIA
- Discussed concerns with CITY ATTORNEY MATTHEW SUMMERS and with Closed Session information being made public.
- Stated that he would be submitting a compliant to the California State Bar Association.
KAMBIZ MORIDI, BARSTOW, CALIFORNIA
- Commended CITY MANAGER WILLIE HOPKINS, JR.
- Discussed concerns with COUNCILMEMBER ROSE and stated he would financially support any recall efforts against her.
ANTHONY BROWNE, BARSTOW, CALIFORNIA
- Expressed support for MAYOR COURTNEY.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked how $2.7 million for COVID relief would be spent. - Suggested spending it on street improvements since Measure I funds were supposedly used for salary increases.
- Asked that the balance of Measure Q funds be reported to the public.
ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Asked why CITY TREASURER MICHAEL LEWIS was not present at Council meetings. - Discussed concerns with POLICE CHIEF ANDREW ESPINOZA, JR. not allowing tripods at Council meetings.
ELENA RIVERA, BARSTOW COMMUNITY COLLEGE
- Discussed Barstow Community College's Adult Education Consortium programs.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with the appointment process for committees and commissions.
JIM BROWN, BARSTOW, CALIFORNIA
- Discussed committees and commissions. Stated that the Streets Committee should meet monthly.
NICHOLAS ALVA and ALEXA COCKMAN, BARSTOW, CALIFORNIA
- Said a prayer for Barstow community.
STAFF REPORTS:
MOTION TO SUSPEND THE RULES:
Motion by COUNCILMEMBER ROSE, seconded by COUNCILMEMBER DYER KRUSE, and carried 4 to 1, to continue the process of not allowing public comments during Staff Reports.
Minutes-January 17, 2023
RESULT: APPROVED [4 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney
NAYS: Hernandez
39. CITY MANAGER'S UPDATE
Recommended Action:
Receive and file.
CITY MANAGER WILLIE HOPKINS, JR.
- Discussed the recent fire engine purchase using Measure Q funds. - Also discussed the new City Manager’s update format which was a communication device utilized to provide an overview of upcoming events and items of general interest to the Mayor and members of the City Council.
- Also noted that the report included updates from City Departments on various programs, initiatives, and achievements.
ACTING FIRE CHIEF NICK DINAPOLI
- Discussed potential flooding in the Mojave Riverbed, the recent passing of an on-duty Southern California Edison employee, and rescue of a citizen who was trapped in an abandoned dry well.
RESULT: PRESENTATION ONLY
COUNCIL COMMITTEE REPORTS:
COUNCILMEMBER ROSE
- Stated that the December Rules and Policies Committee meeting was dark and the next meeting was January 31, 2023.
- Discussed the January 11, 2023 Homeward Bound Committee meeting and provided updates on the Project Homekey grant, the Homeless Services Coordinator position and encouraged the community to sign up for the Homeless Point in Time Count on January 26, 2023.
MAYOR PRO TEM NOBLE
- Discussed the January Victor Valley Transit Authority and Military Affairs meetings.
COUNCILMEMBER DYER KRUSE
- No committee reports.
COUNCILMEMBER HERNANDEZ
- Stated that the next Streets Committee meeting was February 1, 2023. - Also stated that she would be attending the January 23, 2023 Mojave Desert Air Quality Management District Board meeting.
MAYOR COURTNEY
- Stated he was unable to attend the January Chamber Board meeting and that the January 20, 2023 San Bernardino County Transportation Authority Mountain Desert/Policy Committee meeting was cancelled.
BUSINESS OF THE COUNCIL:
COUNCILMEMBER ROSE
- Discussed upcoming New Mayor and Council Member's Academy on February 1 - 3, 2023.
Minutes-January 17, 2023
- Stated she attended the Back to Basics Thrift Store grand opening. - Congratulated Barstow Youth Football and Cheer on their recent Super Bowl championship. - Thanked the individuals who led the invocation and prayed over the community at tonight’s meeting.
MAYOR PRO TEM NOBLE
- Discussed the Barstow Area Chamber of Commerce board member swearing in ceremony. - Stated he attended the Martin Luther King, Jr. Day Parade in Los Angeles. - Commended the Police and Fire Departments along with all City staff.
COUNCILMEMBER DYER KRUSE
- Discussed the Back to Basics Thrift Store grand opening. - Stated she looked forward to her first Rules and Policies Committee meeting on January 31, 2023. - Commended CITY MANAGER WILLIE HOPKINS, JR. for the City Manager's Update and stated she looked forward to future updates.
COUNCILMEMBER HERNANDEZ
- Discussed the Martin Luther King, Jr. Day Peace Breakfast and thanked the Women's Art and Industrial Club for organizing.
- Requested a report at the next Council meeting on the cannabis Community Benefits Program and a policy on how the funds would be spent.
- Also requested an update on commercial cannabis revenues and expenditures by the end of February.
MAYOR COURTNEY
- Discussed Las Vegas Martin Luther King Parade he attended. - Stated he was recently recognized by the San Bernardino County NAACP. - Thanked the individuals who led the invocation and prayed over the community at tonight’s meeting. - Stated he attended the Marine Corps Logistics Base 80th Anniversary event.
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned 9:55 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