ORDINANCE NO. ___-2023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BARSTOW AMENDING CHAPTER 2.04 OF THE BARSTOW MUNICIPAL CODE REGARDING
CITY COUNCIL MEETING TIME AND PLACE
AND REPEALING ORDINANCE 889-2011
The City Council of the City of Barstow ordains as follows:
SECTION 1. Municipal Code Amendment. Chapter 2.04 of the Municipal Code, entitled, "Meeting Time and Place" is hereby revised to provide as follows:
2.04.010 – Meeting Time and Place.
The City Council shall hold at least one regular meeting each month. Regular meetings shall be held in the City Council Chambers, City Hall, 220 East Mountain View Street, Suite A, on the first or third Monday Tuesday of each month at seven 6 o'clock p.m. or at such time and place as the Council may from time to time designate.
2.04.011 – Consecutive Meetings.
The City Council establishes the alternative to hold consecutive or joint meetings with other agencies that the City Council officiates as the Governing Board.
Meetings will begin at the regularly scheduled meeting time of the City Council unless the City Council designates a different time when required.
2.04.012– Adjournment of meetings.
The City Council may adjourn a regular or special meeting to another time, date and location.
2.04.020 – Meeting falling on holiday.
Whenever the regular City Council meeting dates established by Section 2.04- 010 of this chapter fall on a holiday as defined by the City's personnel policy, the City Manager shall be authorized to cancel such regular meeting at his or her discretion, or reschedule such regular meeting at the same time and place on the next succeeding official business day of the City.
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Packet Pg. 544 Attachment: Ordinance No. ____-2023 CITY COUNCIL MEETING DATE AND TIME_redline draft (5280 : Intro of Ordinance ____-2023 Amending
SECTION 2. Severability. If any provision, section, paragraph, sentence or word of this Ordinance, or the application thereof to any person or circumstance, is rendered or declared invalid by any court of competent jurisdiction, the remaining provisions, Sections, paragraphs, sentences or words of this Ordinance, and their application to other persons or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this Ordinance are severable.
SECTION 3. Effective Date. This ordinance shall take effect thirty days after adoption as provided by Government Code 36937. The City Clerk shall cause this Ordinance to be published in accordance with California Government Code Section 36933.
SECTION 4. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the City Council.
SECTION 5. CEQA. The City Council finds the adoption of this ordinance is exempt from review under the California Environmental Quality Act because it relates to an administrative matter. (CEQA Guidelines, 14 Cal. Code of Regulations, Section 15061(b)(3) and 15378(b)(5).
PASSED, APPROVED AND ADOPTED this 21st day of February, 2023 ________________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
________________________________
Andrea Flores, City Clerk
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Packet Pg. 545 Attachment: Ordinance No. ____-2023 CITY COUNCIL MEETING DATE AND TIME_redline draft (5280 : Intro of Ordinance ____-2023 Amending
I, Andrea Flores, City Clerk for the City of Barstow, California, and ex-officio Clerk of the City Council, do hereby certify under penalty of perjury that the foregoing is a true and correct copy of Ordinance No. ___-2023, which was introduced at a regular meeting of the City Council of the City of Barstow held on the 6th day of February 2023, and adopted at the regular meeting of the City Council of the City of Barstow on the 21st day of February 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Andrea Flores, City Clerk
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Packet Pg. 546 Attachment: Ordinance No. ____-2023 CITY COUNCIL MEETING DATE AND TIME_redline draft (5280 : Intro of Ordinance ____-2023 Amending Joint Special CC/BFPD/Odesa
02/6/23 07:00 PM
City Manager Department
Willie A Hopkins
Resolution
Doc ID: 5281
AGENDA ITEM
AGENDA MATTER:
AMENDMENT TO THE CITY COUNCIL RULES FOR THE CONDUCT OF ITS MEETING PROCEEDINGS AND BUSINESS AND REPEALING RESOLUTION 5108-2022 EXECUTIVE SUMMARY:
The City Council is asked to consider changing the Order of Business for regular, adjourned or special meetings as outlined in Section II of the proposed resolution.
DISCUSSION:
The City Council is asked to consider changing the Order of Business for regular, adjourned or special meetings as outlined in Section II of the proposed resolution to include scheduling Closed Session for the end of each meeting. The City Council is being asked to adopt Resolution ____-2023 which updates the City Council's Order of Business.
FISCAL IMPACT:
None
RECOMMENDED ACTION:
Adopt Resolution No. ____-2023, amending the City Council rules for the conduct of its meeting proceedings and business, repealing Resolution 5108-2022; and waive the full reading. 15 Packet Pg. 547
City Council Resolution No. XXXX-2023 1
RESOLUTION NO. XXXX-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW
ADOPTING AND ESTABLISHING RULES FOR THE CONDUCT OF ITS
MEETINGS, PROCEEDINGS AND BUSINESS AND REPEALING
RESOLUTION NO. 5108-2022
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The Council of the City of Barstow does hereby adopt and establish the following rules for the conduct of its meetings, proceedings, and business:
I.
MEETINGS
A. Regular Meetings. Regular meetings of the Council shall be held, with notice, on the first and third Monday Tuesday of each month. The meeting shall commence at 67:00 p.m. in the Council Chambers in the City Hall of the City of Barstow located at 220 East Mountain View, Barstow, California, or at such other place as the Council may from time to time prescribe.
B. Consecutive Meetings. The City Council establishes the alternative to hold consecutive or joint meetings with other agencies that the City Council officiates as the Governing Board. Meetings will begin at the regularly scheduled meeting time of the City Council unless the City Council designates a different time when required.
C. Study Session. Study sessions may be called by a majority of the City Council at such times as the Council deems necessary. Study sessions shall be for the purpose of hearing reports from staff or other persons. No official action shall be taken at the study session.
D. Cancellation. Any meeting of the Council may be cancelled in advance by a majority vote of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have confirmed in writing their unavailability to attend a meeting.
E. Adjournment. Meetings shall adjourn at 11:00 p.m. unless a majority vote of the Council to continue past the 11:00 p.m. deadline suspends the rule.
F. Chair. The Mayor shall preside over all Council meetings. In his/her absence, the Mayor Pro-Tem shall serve as presiding officer.
G. Agenda. The Agenda shall be prepared at the direction of the City Manager and approved by the Mayor. A copy of the agenda shall be posted at least 72 hours prior to each regular meeting. In addition, a copy of the agenda with appropriate supporting documentation shall be available at City Hall during normal business hours for public
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Packet Pg. 548 Attachment: RESO XXXX-2023 RE CONDUCT OF MEETINGS (5281 : Amendment to the City Council Rules for the Conduct of Its Meetings) City Council Resolution No. XXXX-2023 2
inspection. All items to be placed on the City Council Agenda shall be received by the City Clerk by no later than 12:00 P.M. on Monday prior to the regular Council meeting on the following Monday. Members of the City Council may place items on the agenda with the concurrence of a second council member, subject to the agenda deadlines in this section.
H. Record of Proceedings. All hearings may be taped (or other process) and the minutes of such proceedings will be prepared in a summarized form. All exhibits and staff reports will be permanently maintained. An adequate record of both administrative and legislative hearing shall be prepared in contested matters, if any party makes a written request therefore, to the City Manager, prior to the day set for such hearing. The cost of such record shall be borne by the requesting party, in an amount to be set by the City Clerk; a deposit may be required in advance, in the discretion of the City Manager.
II.
ORDER OF BUSINESS
The order of business for regular, adjourned or special meetings shall be as follows:
1. Closed Session/Report of Closed Session (as necessary)
2.1. Invocation
3.2. Call to Order
4.3. Pledge of Allegiance
5.4. Roll Call
6.5. Review and Approval of the Agenda
7.6. Presentations (if desired)
8.7. Consent Calendar and Consent Calendar Public Comment
9.8. Discussion/Action on Deferred Consent Items
[Including Public Comment on Each Item]
10.9. Business/Action Items
[Including Public Comment on Each Item]
11.10. Public Hearings (as necessary)
12.11. General, Non-Agenda Public Comment
13.12. Staff Reports
14.13. Public Safety Updates
15.14. City Manager Comments
16.15. Council Committee Reports
16.Business of the Council
17.Closed Session/Report of Closed Session (as necessary)
18.Adjournment
Items may be placed on the Consent Calendar at the discretion of the City Manager. All items listed on the Consent Calendar are considered to be routine and will be enacted by one roll call vote. There may be separate discussions of these items when a member of the City Council requests that any specific item be removed from the Consent Calendar
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Packet Pg. 549 Attachment: RESO XXXX-2023 RE CONDUCT OF MEETINGS (5281 : Amendment to the City Council Rules for the Conduct of Its Meetings) City Council Resolution No. XXXX-2023 3
for separate action. Any items removed from the Consent Calendar will be considered at the conclusion of the Consent Calendar under Deferred Items.
III.
RULES OF CONDUCT
A. The City Council hereby adopts as its rules of conduct for all City Council meetings, “Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century,” (“Rules”) attached hereto and incorporated by reference herein as Exhibit “A”.
B. The attached Rules are modified to the extent that all motions shall be passed by a simple majority vote of the City Council, except where a super-majority vote is required pursuant to State law.
C. Authority of the Chair. Subject to appeal, the Chair shall have the authority to prevent the misuse of the legitimate form of motions, or the abuse of privilege of renewing certain motions, to obstruct the business of the Council by ruling such motions out of order. In so ruling, the Chair shall be courteous and fair and should presume that the moving party is making the motion in good faith.
D. Public Hearings. Matters which are required to be heard at a noticed public hearing shall be conducted in the following manner:
1. Time for Consideration. Matters noticed to be heard by the Council shall commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made.
2. Continuance of Hearings. Any hearing being held or noticed or ordered to be held by the Council at any meeting of the Council may, by order or notice of continuance, be continued or continued again to any subsequent meeting in the manner provided herein for adjourned meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or notice of continuance was adopted or made.
3. Public Discussion at Hearings. When a matter for public hearing comes before the Council, the Mayor shall open the public hearing. Upon opening the public hearing and before any motion is adopted related to the merits of the issue to be heard, the Mayor shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present evidence respecting the matter. Any person desiring to speak or present evidence shall make his/her presence known to the Mayor and upon evidence relevant to the matter being heard. No person may speak without first being recognized by the Mayor. Members of the Council who wish to ask questions of the speakers or each other, during the public hearing portion may do so but only after first being recognized by the Mayor. The Mayor shall conduct the meeting in such a manner as to afford due process.
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Packet Pg. 550 Attachment: RESO XXXX-2023 RE CONDUCT OF MEETINGS (5281 : Amendment to the City Council Rules for the Conduct of Its Meetings) City Council Resolution No. XXXX-2023 4
All persons interested in the matter being heard by Council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the City Clerk as part of the Clerk’s record. Time limits may be established by the Council, limiting the duration of presentations as set forth in these rules. No person shall be permitted during the hearing, to speak about matters or present evidence which are not germane to the matter being considered. A determination of relevance shall be made by the Mayor, but may be appealed as set forth in these rules.
4. Consideration of Question by Council. After all members of the public desiring to speak upon the subject of the hearing have been given an opportunity to do so, the public hearing shall be closed by the Mayor and Council may consider what disposition they wish to make of the question or questions presented at the hearing. No member of the public shall be allowed to speak further on the questions during this period of deliberation, unless the majority of the Council vote to re-open the public hearing.
Council members may also ask questions of the speakers, if so desired. At the conclusion of the Council discussion, and appropriate motion having been made and seconded, the Council shall vote on the matter.
E. Chair. The Mayor shall preside over all Council meetings. In his/her absence the Mayor pro tem shall serve as presiding officer. The Mayor may change the order of business or order for consideration of any item if convenient for the efficient conduct of the meeting, subject to approval by a majority vote of the Council.
F. Attendance by the public. Except as specifically provided by law for closed session, all meetings of the Council shall be open and public. All persons desiring to attend shall be permitted to attend any meeting. In the event any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by removal of the offending individual or individuals, the Council may order the meeting room cleared and continue in session.
Representatives of the press, unless participating in the disturbance, shall be allowed to attend such session, and nothing shall prohibit the Council from readmitting individuals not responsible for the disturbance.
G. Business of the Council/Council Committee Reports. Council Committee Reports shall be presented by the Mayor or City Council members with no time limit. Business of the Council shall be presented by the Mayor or City Council members and limited to 6 minutes in order to improve the efficiency of meetings.
H. Public Participation. Any person may speak on any item pertaining to municipal affairs during the public comment period of the meeting. The Mayor shall also permit any person to address the City Council during each agenda item. Each member of the public wishing to address the City Council shall submit a “Request to Speak” form to the City Clerk. Persons addressing the City Council shall state their name and direct their comments to the Mayor and not to staff, the news representatives or the audience.
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Packet Pg. 551 Attachment: RESO XXXX-2023 RE CONDUCT OF MEETINGS (5281 : Amendment to the City Council Rules for the Conduct of Its Meetings) City Council Resolution No. XXXX-2023 5
I. Removal of Disruptive Members of the Public. In compliance with the requirements of Government Code section 54957.95, the Mayor or presiding member of the City Council shall have the authority to order the removal of a member of the public disrupting a meeting. Prior to ordering the removal of the disruptive individual, the Mayor or presiding member of the City Council shall first warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. A person is deemed to be “disrupting” the meeting when they are engaging in behavior “that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:”
1. Failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Government Section 54954.3 or any other law; or
2. Engaging in behavior that constitutes use of force or a true threat of force. “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat. Any decision by the Mayor or presiding officer regarding removal from a meeting is subject to appeal to the Council.
J. Appeal of a Ruling by the Mayor or Presiding Officer as Chair. Any Council Member may appeal a ruling made by the Mayor or Presiding Officer as Chair to the full Council.
A motion to appeal a ruling of the Chair requires a second, and after debate, if it passes by a simple majority vote, then the ruling of the Mayor or Presiding Officer as Chair is deemed reversed. The motion can be phrased as follows: “I move to appeal the ruling of the Mayor/Chair that [briefly describe ruling] to the Council.” The motion must be made at the time of the ruling at issue. Once made, the motion requires a second. The motion is always in order, unless the Council is in the middle of considering another motion to appeal a different ruling. The motion is debateable. The vote is framed as whether the motion to override the Mayor’s decision should be passed - a “yes” vote overturns the Mayor’s decision and a “no” vote affirms the Mayor’s decision. If the Council majority votes yes, then the Mayor or Chair’s decision is overturned. If the Council majority votes no, then the Mayor or Chair’s decision stands.
SECTION 2. Resolution No. 5108-2022 is hereby repealed in its entirety.
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Packet Pg. 552 Attachment: RESO XXXX-2023 RE CONDUCT OF MEETINGS (5281 : Amendment to the City Council Rules for the Conduct of Its Meetings) City Council Resolution No. XXXX-2023 6
PASSED, APPROVED AND ADOPTED this 6
th day of, February, 2023.
________________________________
Paul Anthony Courtney, Dr.,B.A., Mayor
ATTEST:
________________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and ex officio Clerk of the City Council of the City of Barstow, DO HEREBY CERTIFY under penalty of perjury that the foregoing is a true and correct copy of Resolution No. XXXX-2023 of said City which was adopted at a regular meeting of said Council held on the 6
th day of February, 2023 by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Andrea Flores, City Clerk
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Packet Pg. 553 Attachment: RESO XXXX-2023 RE CONDUCT OF MEETINGS (5281 : Amendment to the City Council Rules for the Conduct of Its Meetings) Joint Special CC/BFPD/Odesa
02/6/23 07:00 PM
City Manager Department
Willie A Hopkins
Report
Doc ID: 5277
AGENDA ITEM
AGENDA MATTER:
CITY MANAGER'S JANUARY 2023 UPDATE
EXECUTIVE SUMMARY:
The City Manager’s Update is 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. Included with the update are reports from City Departments on various programs, initiatives, and achievements.
DISCUSSION:
FISCAL IMPACT:
None.
RECOMMENDED ACTION:
Receive and file.
Packet Pg. 554
Message from the Manager
January 2023
With the new year already well underway, we’re seeing a lot going on in the City of Barstow! 2023 will showcase the results from numerous plans our team has spent months, sometimes years, in the making.
I know that every one of our hard-working staff will continue their efforts throughout the year.
Please take a moment to review the following achievements, projects, and plans your colleagues have been working on recently:
Building
The new Marriot Inn and Freddy’s Restaurant are under construction, and Panda Express on Montana Road is open for business! Two damaged structures on West Main Street are slated for demolition, pending inspections and remediation requirements. Eight other plans are currently under review, including damage repair from a car accident at 1500 State St.
Cannabis
Did you know that the Cannabis Licensing Program has brought nearly $723,000 in revenue to the City of Barstow? The City Council has approved 29 cannabis applications, two of which are currently operational two in Plan Review and 24 under construction.
City Clerk
Designated employees and elected officials who are required to file an annual Statement of Economic Interest Form will soon be able to file electronically using the City’s NetFile system.
Keep an eye out for more information on the new process later this month.
Code Compliance
There are 731 active cases in this department. Our Code Officers have been cracking down on illegal vendors and continuing their efforts on abatement enforcement. Our two officers in this department are working tirelessly to improve our community and educate our citizens.
Engineering
a
Packet Pg. 555 Attachment: January 2023 Message (5277 : City Manager's Jan 2023 Update) Construction work on the long-awaited First Street Bridge has begun with the contractor mobilizing building materials at the site. The new bridge is a joint project between the City, SBCTA, and the BNSF Railway. A groundbreaking ceremony was held on January 26th for the bridge which will meet the needs of our growing city as we plan for the BNSF Railway development over the next few years.
Barstow’s Pavement Management Program will resume this year. This program is ongoing and allows for responsible expenditures of the City’s capital improvement funds to provide safe transportation within the City.
Fire Protection District
Our firefighters spent their Christmas Eve delivering toys and smiles to the kids of Barstow and the surrounding community.
Looking back on 2022, the Barstow Fire Protection District ran 7,331 calls. Families displaced from home fires last month received food, cards, and additional assistance from Firefighter Association and American Red Cross donations.
Battalion Chief Ross retired earlier this month after 32 years of service. He was an exceptional employee and will be greatly missed.
On January12th, a Barstow man was rescued 12 hours after he became trapped 22 feet below ground in a hole. It took crews nearly six hours to remove a concrete lid from the hole, which then enabled the victim to climb a ladder over 22 feet to safety. Once extracted, the victim was placed under the care of Barstow Fire Paramedics and transported by Desert Ambulance to Barstow Hospital for further evaluation and treatment. The victim was released from the hospital and is home resting comfortably with family.
“This outcome came from the collaborative efforts of all agencies involved” said Fire Chief Nick DiNapoli. “It was a complicated extraction, and we are all very pleased it ended the way it did.” a
Packet Pg. 556 Attachment: January 2023 Message (5277 : City Manager's Jan 2023 Update) The incident happened after the victim went to check on a family home and fell in the hole at approximately 11 a.m. The family became concerned when he did not return home, which prompted the 911 call.
Information Technology
Staff in our IT Department have been diligently working to install and program the Fire Station Alerting Project, which will replace the outdated alerting system. The new Alerting project will be fully operational in Q3 of this year. IT staff are also in the process of Wi-Fi enhancements at the Wastewater Treatment Plant facility, which will allow staff to complete their computer work outside in all areas of the facility. Also in the works is a redesign of Channel 6, social media templates, and various programs to facilitate the new HUB of Barstow logo. Recently, our IT team has helped with multiple computer down issues, educating staff about how to use new programs, resetting locked accounts, and retrieving lost data.
Parks & Recreation
2023 is already a busy year for our Parks and Recreation Department! There will be basketball, arts & crafts, new classes, Youth Mock Council, and additional senior activities/events in the first quarter alone.
The Barstow Superstar cheerleaders are gearing up for their first competition in early February at Knotts Berry Farm. Good luck to them all!
Our City is working with the Barstow Senior Citizen Center to offer free senior gym memberships and the Barstow Senior Walkers Club at the Cora Harper Fitness Center.
Planning
The Planning Department has seven projects in the pipeline, with six conditional use permits approved since August of last year. These permits include a mix of commercial, industrial, and retail projects.
The City of Barstow recently approved a service agreement with PlaceWorks, a widely recognized consulting agency, to assist with the update for the General Plan. The City’s Planning Department looks forward to working with PlaceWorks to create a new, forward-thinking General Plan for the City of Barstow.
Public Works
The Sturnacle Park Shade Structure Enhancement Project is complete and open to the public! Our Publics Works team recently completed the finishing touches on this project with location surveying/grading, overseeing the contractor raising the shade structure, fabricating handrails in house, and pouring concrete with the assistance of skilled employees from Wastewater and Facility Maintenance.
Solid Waste
Notices regarding the SB 1383 Mandatory Organics Recycling Program will be circulated this month, starting with Multi-Family Dwellings property owners. The intent is to help ensure that organic material is being diverted from landfills and recycled into new products, rather than sent to the dump where it decomposes and releases methane gas into the environment. In December 2021, the City Council of the City of Barstow adopted an ordinance supporting these statewide recycling requirements. As a result, the City has been working towards full implementation of its a
Packet Pg. 557 Attachment: January 2023 Message (5277 : City Manager's Jan 2023 Update) SB 1383 programs throughout the community. Focused messaging about this program will be distributed internally for employee knowledge and announced to the public via our media channels.
Wastewater
Earlier this month on January 7th, The Wastewater Department responded to a sewer spill overflow on Montara Road, east of the Walmart parking lot. Every single person on the department’s amazing staff was willing to come in at moment’s notice, whether it was finding a babysitter, just getting home from a kid’s soccer game, or leaving a family BBQ. The staff that was on-site during this time showed resilience and overall determination to mitigate, the SSO. In addition, staff came in the following morning to do a thorough site cleanup. Congratulations to Noel Escoto for earning the Operator in Training Certification from the State Water Resources Control Board!
In other news…
As our city prepares for the BNSF Railway project ahead, we have hired an economic development consultant to work with our Community Development departments to focus on developing and creating an environment where new businesses and opportunities will thrive while also enhancing the quality of life for Barstow residents. Through the economic growth over the next several years, more jobs will be created in the city, new industries will be developed, housing development will take place, and infrastructure will be improved. We are excited for what is in store for Barstow! As we move forward, I know that each of you will continue working diligently to make Barstow a better community. Know that your efforts are seen and appreciated! Best wishes,
Willie A. Hopkins, Jr.
City Manager
a
Packet Pg. 558 Attachment: January 2023 Message (5277 : City Manager's Jan 2023 Update)