BARSTOW CITY COUNCIL /
BARSTOW FIRE PROTECTION DISTRICT
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
DECEMBER 4, 2023
7:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
JOINT SPECIAL MEETING
Minutes-December 4, 2023
CALL TO ORDER - REGULAR MEETING 7:00 PM:
INVOCATION:
IVRIA BLAND with BARSTOW CHURCH OF GOD IN CHRIST gave the invocation.
PLEDGE OF ALLEGIANCE:
MAYOR PRO TEM NOBLE led the pledge of allegiance.
ROLL CALL:
Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse 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 HANDING IT 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. ITEMS MAY ONLY BE ADDED TO THE AGENDA AS ALLOWED BY STATE LAW, INCLUDING GOVERNMENT CODE SECTION 54954.2, SUBDIVISION (B), Minutes-December 4, 2023
ALLOWING EMERGENCY ITEMS TO BE ADDED BY MAJORITY VOTE AND ALLOWING ITEMS THAT AROSE TO THE CITY’S ATTENTION AFTER THE AGENDA POSTING DEADLINE, BUT WHICH REQUIRE
IMMEDIATE ACTION, TO BE ADDED BY A TWO-THIRDS VOTE OF THE COUNCIL MEMBERS PRESENT
AT THE MEETING, OR, IF LESS THAN TWO-THIRDS OF THE COUNCIL MEMBERS ARE PRESENT, A UNANIMOUS VOTE OF THOSE MEMBERS PRESENT.
Motion by COUNCIL MEMBER HERNANDEZ, seconded by COUNCIL MEMBER KRUSE, and unanimously carried, to approve the agenda.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
PRESENTATIONS:
1. PRESENTATION TO BARSTOW YOUTH FOOTBALL FOR THEIR CHAMPIONSHIP Recommended Action:
Presentation only.
The City Council presented a certificate of recognition to Barstow Youth Football, Cheer and Coach Clay.
SPEAKERS
John Williams, BARSTOW, CALIFORNIA
- Thanked the City of Barstow for their continued support.
Coach Clay, BARSTOW, CALIFORNIA
- Thanked the City of Barstow for their support.
RESULT: PRESENTATION ONLY
2. PRESENTATION OF PROCLAMATION FOR POLICE SERGEANT ANDREW ESPINOZA SR.
Recommended Action:
Presentation only.
The City Council presented a Proclamation to the family of Sergeant Andrew Espinoza Sr.
RESULT: PRESENTATION ONLY
CONSENT CALENDAR PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE GOVERNING BOARD ON ALL MATTERS ON THE CONSENT CALENDAR.
SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS ON ALL CONSENT ITEMS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
MINUTES ALL AGENCIES:
3. MINUTES REGULAR MEETING - NOVEMBER 20, 2023, AT 6:00 P.M.
Minutes-December 4, 2023
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
ACCOUNTS PAYABLE ALL AGENCIES:
4. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:
Approve and ratify expenses, as audited, for checks #93468-93636 totaling $4,365,949.55 and wires #909-912 totaling $155,362.47, per the Agency breakdown below:
City: $4,305,672.58
Fire: $215,639.44
Successor Agency: $0.00
Grand Total: $4,521,312.02
COUNCILMEMBER KRUSE
- Abstained from check #93590, Invoice #2799
SPEAKERS
LEONARD WILLIAMS, BARSTOW CALIFORNIA
- Asked about check #923508, would like to know if that was for the generator for City Hall and check #93535, and asked if that was the Digester for Wastewater Plant or A/C unit for Cora Harper.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
CITY COUNCIL:
5. APPROVE AMENDMENT 2 FOR AGREEMENT NO.19-1002193 WITH SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) FOR RIMROCK ROAD’S PAVEMENT
RECONSTRUCTION AND PRESERVATION PROJECT
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Approve the Amended Project Funding Agreement 19-1002193 for Rimrock Road Rehabilitation Project.
2. Authorize the City Manager to sign the agreement and any documents needed to accomplish the project.
SPEAKERS
MIKE HERNANDEZ, BARSTOW CALIFORNIA
- Asked for the date of when this project will start and finish.
CITY MANAGER/WILLIE A. HOPKINS
- Said the timeline is contained in the staff report.
Minutes-December 4, 2023
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
6. APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE LEAGUE OF CALIFORNIA CITIES - NEW LAW SEMINAR, DECEMBER 13 - 15, IN SAN DIEGO, CA Recommended Action:
Approve travel for City Clerk Andrea Flores to the League of California Cities City Clerk New Law Seminar on December 13 - 15, 2023, in San Diego CA.
SPEAKERS
MIKE HERNANDEZ, BARSTOW CALIFORNIA
- Said City Clerk goes to training but never reports back on how it went. Said in past an update would be provided on the training.
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:
7. 203 W. MAIN STREET - GENERAL PLAN AMENDMENT PGPA-23-0001 RESOLUTION & ZONE DISTRICT CHANGE PZCA-23-0001 ORDINANCE INTRODUCTION AND FIRST
READING
Recommended Action:
Conduct a public hearing and consider staff & Planning Commission recommendations to approve both the request for a Zone District Change under PZCA-23-0001 and its proposed ordinance and General Plan Amendment under PGPA-23-0001 and its proposed resolution to allow for change from C (Commercial) to DU (Diverse Use) zoning and land use designation.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk.
MAYOR COURTNEY
- Asked if parking was addressed.
-
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Said the parking requirements are different for apartments and call for less than a motel use.
MAYOR PRO TEM NOBLE
- Asked if this project is approved, when will the project begin?
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Said the applicant has started cleaning up the property from the outside, since that does not require permits and added that the applicant has a history and fixing up properties in the city and has completed many projects, and if approved, they are ready to start once the building permits are issued.
CITY ATTORNEY/MATTHEW SUMMERS,
- Said the item will come back for a second reading at the December 18th meeting then there is a 30-day referendum period that has to pass before any permits can be issued.
Minutes-December 4, 2023
COUNCIL MEMBER KRUSE
- How many units are proposed to be on this property?
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Said he did not have the exact number of units but said they would actually lose some units due to the need of adding closets, and kitchenettes and meet the State requirements.
MAYOR COURTNEY opened the public hearing at 7:51 P.M.
SPEAKERS -
EUGUEN BUTTICCI, BARSTOW, CALIFORNIA
- Expressed his support for this project and thinks this is the seed to help reinvigorate the downtown area.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Asked if someone else came in and proposed a similar project if they would have to go through the same process, or does this zone change cover future projects.
TIM SILVA, BARSTOW, CALIFORNIA
- Thanked the applicant for recognizing the housing shortage and said that parking would have to increase as there are only 20 parking spaces and the proposed project will require 25 parking spaces.
MAYOR COURTNEY closed the public hearing at 7:54 PM.
COUNCIL MEMBER HERNANDEZ
- Asked Mr. Heldreth to explain the parking as it is required by State Law.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Said the laws have changed in the past few years, with the housing shortage, parking is not a reason for denial of a housing project since there are other forms of that are taken into consideration such as bike parking.
COUNCIL MEMBER ROSE
- Would like to hear from the owner and thinks the residents want to know who he is.
MAYOR COURTNEY reopened the public hearing at 7:59 PM.
NARBIK BABAKHANIAN – APPLICANT
- Wanted to address the parking concerns, said there is a pool on the property that will be eliminated that will host additional parking. There is a total of 17 units and the coin machines will be replaced with new ones.
-
MAYOR COURTNEY closed the public hearing at 8:01 PM.
Motion by COUNCILMEMBER KRUSE, seconded by COUNCILMEMBER HERNANDEZ and unanimously carried.
Minutes-December 4, 2023
RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
BUSINESS / ACTION ITEMS:
BFPD:
8. ORDINANCE NO. 30-2023 ADOPTION OF AND AMENDMENT TO THE 2022 CALIFORNIA
FIRE CODE / AMENDMENT TO BARSTOW FIRE PROTECTION DISTRICT STANDARDS Recommended Action:
1. Introduce Ordinance 30-2023 with proposed local amendments and standards, and waive the full reading.
2. Direct staff to bring Ordinance 30-2023 with proposed local amendments and standards back for the second reading and adoption at the regularly scheduled Fire Board meeting on December 18, 2023.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk.
COUNCILMEMBER HERNANDEZ
- Asked about the homes that are grandfathered in, and when will they be required to put lights on their address.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Said if a property owner comes in for any modifications to their property, they will be required to make the modifications to bring it up to code.
COUNCILMEMBER KRUSE
- Said they did solar on their property and found it to be an affordable and easy way to go. -
Motion by MAYOR PRO TEM NOBLE, seconded by COUNCILMEMBER KRUSE and unanimously carried
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
CITY COUNCIL:
9. ORDINANCE NO. 1021-2023 ADOPTION OF AND AMENDMENTS TO THE 2022 CALIFORNIA
BUILDING CODE
Recommended Action:
1. Introduce Ordinance No. 1021-2023, an ordinance amending Chapter 15.08 (Building Safety Codes), and waive the full reading.
2. Authorize the City Clerk to schedule the second reading of Ordinance No. 1021-2023 for the following City Council meeting on December 18, 2023.
Minutes-December 4, 2023
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk.
COUNCILMEMBER HERNANDEZ
- Said she appreciates the education of the residents and helps avoid debates.
COUNCILMEMBER ROSE
- Said they are educating the public but asked if this information will be on the web for residents’ review.
BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Said nothing is being added to the code and any local contractors should know the requirements of the city.
SPEAKERS
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Stacking bricks have limitations on height and asked if Home Depot was notified, since they are the ones that sell them
Motion by COUNCILMEMBER HERNANDEZ, seconded by COUNCILMEMBER KRUSE and unanimously carried.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
10. PROPOSED MODIFIED HOLIDAY SCHEDULE
Recommended Action:
The City recommends approval of the Modified Holiday Schedule.
CITY MANAGER/ WILLIE A. HOPKINS JR.
- Presented the staff report as filed with the City Clerk.
COUNCILMEMBER ROSE
- Said she is glad to see this on the agenda and it is a good time also to spend time with the family
MAYOR PRO TEM NOBLE
- Said that if you can spend time with the family then it is a win-win situation for the employees.
Motion by MAYOR PRO TEM NOBLE, seconded by COUNCILMEMBER HERNANDEZ and unanimously carried.
RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
GENERAL NON-AGENDA PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL
PUBLIC TO ADDRESS THE GOVERNING BOARD ON MATTERS NOT ON THE AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE Minutes-December 4, 2023
MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOUR NOTICE MUST BE GIVEN TO THE CITY CLERK.
SPEAKERS
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Wanted to emphasize the conditions of the parks and wanted to thank staff for all the work.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Would like to know if the staff was directed not to return calls and said he saw Mary on channel 6 talking about keeping your lawn clean and wants to know when is the city going to take care of the overgrown grass on the streets and draining ditches and said meetings are being canceled.
ROLAND ULLOA BARSTOW, CALIFORNIA
- They own 5 radio stations and thank you for the number of events going on in the community.
TIM SILVA, BARSTOW, CALIFORNIA
- Said last year he asked for an update on DDA it was understandable that BASED ON item number 7 the need for housing is there.
MAYOR COURTNEY MOTIONED, MAYOR PRO TEM NOBLE, SECONDED TO HAVE AN UPDATE ON DDA’S ON A FUTURE AGENDA.
IRA GWIN, BARSTOW, CALIFORNIA
- Said he did not like the outcome of the inspection ordinance and has a bit of sympathy for the legal road ahead and has a court date in early 2025 secondly said they agreed on a relocation package and that the lawsuit has been settled.
PYRO CHAHUA, BARSTOW, CALIFORNIA
- Echo on Mr. Hernandez said the meeting for the Rules and Policies was cancelled and there is only one lightbulb working in Venner Park - County is out and the city has an opportunity to get funding so we need to go out and get it.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Said he is an advocate for parks and children and findings activities for them and said the city had a youth forum and wants to thank CITY MANAGER HOPKINS for that and the high school, waiting to see what comes out of this. The kids are the ones that have the ideas and we should be the ones advocating for our youth.
JIM BROWN, BARSTOW, CALIFORNIA
- Supports the police department and is sorry for his loss of Chief Espinoza and received the video and what he saw was disturbing and that he is the same officer that beat the guy with the baton and ended up resigning because he got no justice and the City Manager is not doing anything.
STAFF REPORTS:
NONE
Minutes-December 4, 2023
COUNCIL COMMITTEE REPORTS:
COUNCILMEMBER ROSE –
- Not much to report at this time but we are asking for donations for pet food and blankets for Homeward Bound
- Rules and Policies was cancelled and will resume in January.
MAYOR PRO TEM NOBLE
- Next Military Affairs meeting is December 12th at 8 am at Los Domingo’s. - The VVTA meeting was cancelled for December.
COUNCILMEMBER KRUSE
- The Street committee meeting will be on December 6th at 3 pm.
COUNCILMEMBER HERNANDEZ
- Provided update on November 30, 2023 meeting with SBCTA and stated the next meeting would be December 6th.
BUSINESS OF THE COUNCIL:
COUNCILMEMBER ROSE
- Asked why staff could not be in attendance at the council meetings to answer questions. - Requested that questions asked be answered.
COUNCILMEMBER HERNANDEZ seconded.
- Discussed concerns with answering questions from public, asked CITY ATTORNEY MATTHEW SUMMERS for clarification.
CITY ATTORNEY MATTHEW SUMMERS
- Stated staff historically doesn’t respond to questions from the public because items are usually not on agenda. If Council repeats question from the public it will be answered. It may be answered at the moment if we have the answer or given time it would be researched.
MAYOR PRO TEM NOBLE
- Wanted to thank the teams that came up for the championship and the parents - Attended the tree lighting ceremony, was cold but fun - Thanked the City Manager and staff for always going above and beyond and we are moving at a pace that things are going to be happening fast and he sees many good things happening in the future.
COUNCILMEMBER KRUSE
- Also attended the tree lighting helped at the city table. - On December 2nd helped with the vaccine clinic for pets at Dana Park. - On December 5th will attend the Freddy’s ribbon cutting.
COUNCILMEMBER HERNANDEZ
- Said the cancelation of meetings were already discussed. - Said there is street committee meeting this week on December 6 th
.
- Asked if the fencing at the outlets was up to code.
- Asked who is handling the animal control.
MAYOR COURTNEY
- Asked city manager to give an update.
- Attended all the events already mentioned but also went to the senior center food giveaway.
Minutes-December 4, 2023
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 9:12 P.M.
Respectfully Submitted: Approved:
_______________________________ __________________________________ Andrea Flores, City Clerk Paul Anthony Courtney, Dr. B.A. Mayor Notice: Signed Minutes are filed with the City Clerk’s office