BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
APRIL 17, 2023
6:00 PM
(HANDICAPPED ACCESSIBLE)
AMENDED AGENDA
AMENDMENT TO RESOLUTION ON ITEM #7
JOINT SPECIAL MEETING
Agenda-April 17, 2023
MAYOR
Paul Anthony Courtney
COUNCILMEMBERS
James M. Noble
Carmen M. Hernandez
Barbara Mae Rose
Marilyn Dyer Kruse
ELECTED CITY CLERK
Andrea Flores
ELECTED CITY TREASURER
Michael Lewis
PLANNING COMMISSIONERS
Andrew Ziemer
Beatrice Lint
Miguel Morales
Rodney Brand Jr.
Juanantonio Delucas
BARSTOW FIRE PROTECTION
DISTRICT
A Subsidiary District of the City of
Barstow
Paul Anthony Courtney
James M. Noble
Carmen M. Hernandez
Barbara Mae Rose
Marilyn Dyer Kruse
CLOSED SESSION 6:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Member Carmen Hernandez
Council Member Barbara Rose
Council Member Marilyn Kruse
Mayor Pro Tem James Noble
Mayor Paul Courtney
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY
ITEM ON THE AGENDA, PLEASE SO INDICATE BY FILLING OUT A
SPEAKER REQUEST CARD AND HANDING IT TO THE CITY
CLERK PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF
SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS
NOTICE MUST BE GIVEN TO THE CITY CLERK.
CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE
WILL REMEMBER THE "CODE OF ETHICS" THAT WE
VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS
MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH
PATIENCE, CIVILITY, AND COURTESY. THE DECISIONS MADE
TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW
COMMUNITY AND NOT FOR PERSONAL GAIN.
Agenda-April 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.
CLOSED SESSION AGENDA ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Recommended Action:
Pursuant to Government Code Section 54956.9(d)(2) & (e)(1) A point has been reached where, in the opinion of the City Council, on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City.
Facts and circumstances that might result in litigation but which the City believes are not yet known to potential plaintiff or plaintiffs. (Gov. Code § 54956.9(e)(1)) Number of Potential Cases: [2]
2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Recommended Action:
(Gov. Code § 54956.9(d)(4))
Number of Potential Cases: 2.
REPORT OF CLOSED SESSION:
INVOCATION:
CALL TO ORDER - REGULAR MEETING 7:00 PM (or immediately following adjournment of Closed Session if adjourned after 7:00 PM):
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Member Carmen Hernandez
Council Member Barbara Rose
Council Member Marilyn Kruse
Mayor Pro Tem James Noble
Mayor Paul Courtney
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING
ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER
REQUEST CARD AND HANDING IT TO THE CITY CLERK PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE WILL REMEMBER THE "CODE OF ETHICS" THAT WE VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH PATIENCE, CIVILITY, AND COURTESY. THE DECISIONS
MADE TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW COMMUNITY AND NOT FOR PERSONAL GAIN.
Agenda-April 17, 2023
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.
PRESENTATIONS:
3. CERTIFICATE OF RECOGNITION FOR DINAPOLI'S FIREHOUSE
Recommended Action:
Presentation only.
4. AFTER-EVENT AND PRESENTATION BY ON THE RISE INC.
Recommended Action:
After-event report and presentation only.
5. MEASURE Q FUND FINANCIAL REPORT FISCAL YEAR 2022-2023 - 1ST AND 2ND
QUARTERS
Recommended Action:
That the City Council receive and file the Measure Q Fund Financial Reports for the 1st Quarter of Fiscal Year 2022-2023 covering the period of July 1, 2022 - September 30, 2022, and the 2nd Quarter of Fiscal Year 2022-2023 covering the period of October 1, 2022 - December 31, 2022.
The financial reports are attached for further reference.
CONSENT CALENDAR PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE GOVERNING BOARD ON ALL MATTERS ON THE CONSENT CALENDAR.
SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS ON ALL CONSENT ITEMS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
MINUTES ALL AGENCIES:
6. MINUTES REGULAR MEETING - MARCH 3, 2023, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
CITY COUNCIL:
7. ADOPTION OF RESOLUTION APPROVING THE GRANT APPLICATION TO THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION CLEAN CALIFORNIA LOCAL GRANT
PROGRAM
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Approve Resolution ____-2023 authorizing staff to submit the grant application;
2. Authorize the City Manager or his representative to execute all grant documents.
8. ACCEPTANCE OF CALIFORNIA AUTOMATED PERMIT PROCESSING (CALAPP)
PROGRAM
Recommended Action:
Authorize staff to accept the reimbursement grant award for FY2022/2023 year in the amount of $40,000 and authorize the expenditures for training and implementation purposes as described in the fiscal impact portion of the staff report.
Agenda-April 17, 2023
9. RESOLUTION AUTHORIZING THE STREET CLOSURE FOR THE BARSTOW POLICE DEPARTMENT PUBLIC SAFETY FAIR ON MAY 6, 2023
Recommended Action:
Adopt Resolution No. ____-2023, approving the Street Closure and Statement of Findings for the Barstow Police Department Public Safety Fair on May 6, 2023, and to waive the reading.
10. ADOPTION OF A RESOLUTION APPROVING THE CREATION OF THE POSITION OF
DIRECTOR OF PUBLIC SAFETY AND POLICE CHIEF, APPROVING THE DIRECTOR OF
PUBLIC SAFETY AND POLICE CHIEF JOB DESCRIPTION, AND DIRECTING THE CITY
MANAGER TO APPOINT A DIRECTOR OF PUBLIC SAFETY AND POLICE CHIEF Recommended Action:
Adopt a proposed resolution approving the creation of the position of Director of Public Safety and Police Chief, approving the Director of Public Safety and Police Chief job description, and directing the City Manager to appoint a Director of Public Safety and Police Chief.
11. CONSIDERATION OF RESOLUTION NO. ____-2023 APPROVING PARTICIPATION IN
NATIONAL OPIOID SETTLEMENT AGREEMENT AND AUTHORIZING THE CITY ATTORNEY
AND/OR CITY MANAGER TO EXECUTE THE RELATED PARTICIPATION AGREEMENT Recommended Action:
Staff recommends that the City Council approve Resolution No. ____-2023 authorizing the City Attorney and/or City Manager to execute the related participation agreement.
The proposed resolution would also authorize the City Manager to enter any future settlements arising out of the national opioid litigation in Ohio without requiring a resolution from the City Council. Additional settlements are expected in the future.
Attachments:
Exhibit A Resolution No. ____-2023 To Approve Participation in National Opioid Settlement Agreement
Exhibit B Resolution No. 5068-2021 To Approve Participation in National Opioid Settlement Agreement
CITY COUNCIL / BFPD:
12. APPROVAL OF CITY OF BARSTOW/BARSTOW FIRE PROTECTION DISTRICT'S REVISED SALARY SCHEDULE EFFECTIVE APRIL 17, 2023
Recommended Action:
Staff recommends that the City Council approve the revised salary schedule (Exhibit A) effective April 17, 2023.
DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FROM THE
CONSENT CALENDAR BY THE COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME).
PUBLIC HEARINGS:
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
13. CONSIDERATION OF AMENDING DEVELOPMENT AGREEMENT WITH QUALITY LIFE INC.
TO REDUCE ANNUAL PAYMENT TO CITY AS PART OF COMMUNITY BENEFITS
PROGRAM
Recommended Action:
Staff recommends the City Council consider whether to approve the amendment to Quality Life Inc.’s Cannabis Development Agreement based on the company’s reported revenue the company to the City. At this time, only Quality Life has asked for a fee reduction. If approved for Quality Agenda-April 17, 2023
Life, the other dispensaries may come forward with similar requests. However, whether to accept this request and if so, at what level of reduction, is a policy decision for the City Council.
14. APPROVAL OF PROPOSED MURAL IMAGE - BOOTLEGGING IN THE HIGH DESERT Recommended Action:
Approve the proposed mural rendering.
15. ADOPTION OF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW
RENEWING THE MANDATE OF THE STREET AD HOC COMMITTEE
Recommended Action:
Adopt Resolution No. ____-2023 renewing the Street Ad Hoc Committee for five (5) years from the date of approval unless the City Council takes action to terminate its mandate before then.
Attachments:
Exhibit A - Resolution ____-2023 renewing the Street Ad Hoc Committee - redline copy Exhibit B - Resolution ____-2023 renewing the Street Ad Hoc Committee - clean copy Exhibit C - Resolution 4330-2007 Establishing the Street Ad Hoc Committee 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:
COUNCIL COMMITTEE REPORTS:
BUSINESS OF THE COUNCIL:
ADJOURNMENT:
Individuals electing to later challenge any items listed herein will be limited to addressing only those issues raised at any public hearing or in written correspondence received by the Governing Board prior to the meeting.
Materials related to an item on this Agenda submitted to the Governing Board after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 220 East Mountain View Ste. A, Barstow, CA 92311 during normal business hours.
The City of Barstow, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk’s Office (760) 255-5122, at least one business day prior to the scheduled meeting to ensure that we may assist you.
Agenda-April 17, 2023
I hereby certify, UNDER PENALTY OF PERJURY that this agenda has been posted 72 hours prior to the stated meeting in a place accessible to the public.
Posted on the 14th day of April 2023.