REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
DECEMBER 18, 2023
7:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
REGULAR MEETING
Minutes-December 18, 2023
CALL TO ORDER:
MAYOR COURTNEY called the meeting to order at 7:01 P.M.
INVOCATION:
JAMES MILA with CROSSROADS ASSEMBLY gave the invocation.
PLEDGE OF ALLEGIANCE:
MAYOR PRO TEM NOBLE led in the pledge of allegiance.
ROLL CALL:
Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse Council Member Absent
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, 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.
Minutes-December 18, 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. ITEMS MAY ONLY BE ADDED TO THE AGENDA AS ALLOWED BY STATE LAW, INCLUDING GOVERNMENT CODE SECTION 54954.2, SUBDIVISION (B),
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.
COUNCIL MEMBER HERNANDEZ requested that Item 9 be pulled to allow for all Council Members to be in attendance for the presentation.
Seconded by COUNCIL MEMBER ROSE.
CITY MANAGER, WILLIE A. HOPKINS
- Said there has been multiple meetings and if we do not proceed today, the city will need to pay $50K for the same work if the city decides to later pursue this option.
COUNCIL MEMBER HERNANDEZ
- Said she was not aware of the November 15th workshop and that is why would like to pull the item and does not want to repeat another Marriott situation.
COUNCIL MEMBER ROSE
- Asked the CITY MANAGER on how this will cost the city additional funds and if a special meeting could be scheduled for later in the week.
CITY MANAGER, WILLIE A. HOPKINS
- Said the city was given a grant for this service and it is due to expire. The information in the staff report provided is in detail and to schedule a special meeting may not be suitable as many of the city staff are out ill or on vacation for the holiday.
COUNCIL MEMBER ROSE
- Said she was unable to attend the workshop due to her serving jury duty.
CITY MANAGER, WILLIE A. HOPKINS
- Said that the presentation was focused on illustrating how the city can utilize various financing structures to support critical infrastructure projects and was not related to Marriott in any way.
COUNCIL MEMBER ROSE
- Asked the other Council Members that attended what their thoughts were.
MAYOR PRO TEM NOBLE
- Said he would like to continue with the presentation and allow for the council members to ask questions should they still have doubts.
MAYOR COURTNEY
- Said he did attend the meeting and is an agreement with MAYOR PRO TEM NOBLE to continue with the presentation and recommends that COUNCIL MEMBERS reach out to the Finance Department should they have any questions.
COUNCIL MEMBER ROSE
- Would like to rescind her motion and would like to hear the presentation.
Minutes-December 18, 2023
COUNCIL MEMBER HERNANDEZ
- Asked why it would cost the city $50k if the same information is being used.
CITY MANAGER, WILLIE A. HOPKINS
- Said this presentation is the last step of the contract.
Motion by MAYOR PRO TEM NOBLE, seconded by COUNCIL MEMBER HERNANDEZ, and unanimously carried to approve the agenda.
PRESENTATIONS:
1. PRESENTATION FROM BLUE HORIZON - JASON M. DOKIE STUDENTS Recommended Action:
Presentation only.
MR. JASON DOKIE and the students gave a presentation on the school’s recent projects that they have been working on.
COUNCIL MEMBER ROSE said she is extremely impressed with the group.
MAYOR PRO TEM thanked the students and said they are all amazing.
COUNCIL MEMBER HERNANDEZ said MR. DOKIE does a wonderful job with the students and also thanked the parents for allowing them to participate.
RESULT: PRESENTATION ONLY
2. SUSAN NYLANDER WITH BARSTOW COLLEGE WILL BE PRESENTING ON BARSTOW READS PROGRAM.
Recommended Action:
Presentation only.
SUSAN NYLANDER with Barstow Community College gave a presentation on the new Barstow Reads program.
COUNCIL MEMBER ROSE
- Thanked Ms. Nylander for all her work that she does.
COUNCIL MEMBER HERNANDEZ
- Also thanked Ms. Nylander for all her efforts.
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-December 18, 2023
MINUTES ALL AGENCIES:
3. MINUTES REGULAR MEETING - DECEMBER 4, 2023, AT 7:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney, Hernandez
ABSENT: Kruse
CITY COUNCIL:
4. REQUEST TO CANCEL AND RESCHEDULE UPCOMING CITY COUNCIL MEETING IN LIGHT OF HOLIDAY SCHEDULE.
Recommended Action:
Approve to Cancel and/or Move the following City Council Meetings.
Cancel Scheduled Meeting for January 3, 2024.
Move Scheduled Meeting for January 15, 2024, to January 16, 2024 (MLK Day).
Move Scheduled Meeting for February 19, 2024, to February 20, 2024 (Presidents Day).
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney, Hernandez
ABSENT: Kruse
5. SECOND READING AND ADOPTION OF RESOLUTION 5149-2023 AND ORDINANCE 1023- 2023, 203 W. MAIN STREET - GENERAL PLAN AMENDMENT PGPA-23-0001 RESOLUTION & ZONE DISTRICT CHANGE PZCA-23-0001
Recommended Action:
Approve and Adopt Resolution 5149-2023 and Ordinance 1023-2023 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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney, Hernandez
ABSENT: Kruse
6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1021-2023 ADOPTION OF AND AMENDMENTS TO THE 2022 CALIFORNIA BUILDING CODE
Recommended Action:
Adopt Ordinance No. 1021-2023, amending Chapter 15.08 (Building Codes), adopting by Minutes-December 18, 2023
reference and amending the 2022 edition of the California Building Standards Code, by title only and waive the full reading.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney, Hernandez
ABSENT: Kruse
7. SECOND READING AND ADOPTION OF ORDINANCE NO. 30-2023 ADOPTION OF AND AMENDMENT TO THE 2022 CALIFORNIA FIRE CODE / AMENDMENT TO BARSTOW FIRE
PROTECTION DISTRICT STANDARDS
Recommended Action:
Adopt Barstow Fire Protection District Ordinance 30-2023, adopting the 2022 California Fire Code, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the Barstow Fire Protection District; providing for the issuance of permits and collection of fees therefore; repealing Ordinance No. 29-19 of the Barstow Fire Protection District and all other ordinances and parts of the ordinances in conflict therewith, by title only and waive the full reading.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney, Hernandez
ABSENT: Kruse
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:
8. PLANNING COMMISSION VACANCY
Recommended Action:
Staff recommends that the City Council take one of the following three potential actions for Commissioner Morales position:
1. Reappoint Miguel Morales for an additional term on the Planning Commission;
2. Appoint an individual of the Council’s choosing, or;
3. Direct that the City Clerk advertise the vacancy on the Planning Commission, instruct staff to establish timeframes for the submittal of applications, and appoint two City Council members to a Selection Committee to conduct interviews with potential Planning Commission applicants.
CITY MANAGER, WILLIE A. HOPKINS JR.
- Presented the staff report as filed with the City Clerk’s office.
Minutes-December 18, 2023
MAYOR COURTNEY
- Would like to go with staff’s recommendation and extend the term of Mr. Morales.
COUNCIL MEMBER ROSE
- Recommends that staff advertise the vacancy and she would like to be part of the selection process.
COUNCIL MEMBER HERNANDEZ
- Said there has been different ways of selecting Planning Commissioners and would like to know how they are selected now.
ANDREW JARED, CITY ATTORNEY
- Said in the Municipal Code section 224.010 it reads, the Planning Commission consist of five members that will be appointed by the Council majority.
MAYOR PRO TEM NOBLE
- Said the existing process is that two COUNCIL MEMBERS participate in the interview process.
SPEAKERS -
TED WEASMA, BARSTOW CALIFORNIA
- Said this is another opportunity for the City to allow someone new to apply to participate on the Commission.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Said he agrees with advertisement of the vacancy and asked if there is anything in the code that addresses attendance.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Would like to recommend that council select option #3 and advertise the vacancy and get new members since some of the existing members have been on there for too many years.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asked why there are options on the staff report if there is already a policy and thanked Mr.
Hopkins for his honesty.
COUNCIL MEMBER ROSE
- Said Mr. Morales can reapply for the open position and that the best candidate is selected and would like to know what the attendance policy is
ANDREW JARED, CITY ATTORNEY
- Said the code does not address attendance, but that Council could add something and that also, Council has the authority to remove any member from the Planning Commission if they choose.
COUNCIL MEMBER HERNANDEZ
- Agrees with COUNCIL MEMBER ROSE on attendance but there if there is a valid excuse and that was why there were alternates.
Motion by MAYOR PRO TEM NOBLE, seconded by COUNCIL MEMBER ROSE to approve the amended recommended action number 3, direct the City Clerk’s office to advertise the vacancy and direct the CITY MANAGER to take the attendance issue to Rules and Policy Committee for review and that COUNCIL MEMBER ROSE AND COUNCIL MEMBER HERNANDEZ sit on the interview panel.
Minutes-December 18, 2023
RESULT: APPROVED [3 TO 1]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Rose, Hernandez
NAYS: Courtney
ABSENT: Kruse
9. ENHANCED INFRASTRUCTURE FINANCE DISTRICT RESOLUTION OF INTENTION Recommended Action:
That the City Council:
1. Adopt Resolution 5150-2023, a Resolution declaring its intention to establish the Barstow Enhanced Infrastructure Financing District (EIFD) and establishing the Barstow EIFD Public Financing Authority (PFA); and
2. Approve the organization of the Public Financing Authority Board, which would consist of three Council Members and two members of the public; and,
3. Find that the adoption of the Resolution of Intention and establishment of the Public Financing Authority are exempt from the California Environmental Quality Act (“CEQA”) as these actions do not constitute a “project” pursuant to CEQA Guidelines Sections 15378(b)(4) and 15378(b)(5), and that these actions are also exempt from the requirements of CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
KOSMONT staff gave a presentation on EIFD Enhanced Infrastructure Financing District.
COUNCIL MEMBER HERNANDEZ
- Said to consider the financial obligation that currently exist and to think about the gas tax decreasing because of the electric vehicles. The General Plan is not complete and would like to ask the Finance Director to review and also said the city can go independently and apply for grants and not require the use Kosmont service. And asked how this program going to assist with child care. Asked about Return in investment and job creation. Said she does not want to put the city into further debt.
JOSEPH DIEGUEZ, KOSMONT COMPANIES
- Said they did look at the existing city debt and said they do not touch any of the pension obligations. Said they also spent time looking at all of the concerns and if there is an increase of population, then there will be an increase of service and they have also spent time with the Finance Director Ms. Harris and she is familiar with the way the process works. Reiterated, they are not looking at increasing property taxes. And as for grants, if they go with EIFD the city receives more points when applying then if not with EIFD. Healthcare and Child Care were not at the top of the needs list but are services that are eligible. Property Tax, the residents still pay the same amount, they are just trying to redirect fund that normally go back to the county, but this way it will direct money back to Barstow.
COUNCIL MEMBER ROSE
- Said just to understand, this does not put the city into debt.
JOSEPH DIEGUEZ, KOSMONT COMPANIES
- Said that is correct, it just diverts property tax money back to the city instead of the County's general fund.
Minutes-December 18, 2023
SPEAKERS -
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Said he was at one of meeting and said this is not costing the city and this will allow for funding projects that the city really needs and yes, keep going out for grants and past council has failed to allow programs to come in and help with funding.
TED WEASMA, BARSTOW, CALIFORNIA
- Supports the idea of EFID, was confused at first and wants to hear from legal, also wants to know if the city does not go forward, does the city have any liability and said the Waste Water plant needs some work and said we need to have a plan on how the city will pay for the much needed improvements.
TIM SILVA, BARSTOW, CALIFORNIA
- Thanked the city for bringing this forward and said they are only approving an intent and recommends the council support, only consideration to correction in the resolution is item #9 talks about PAF is required to be established a board, but the recommendation is to approve the board but do it at a later time and thanked the city for getting ahead by bringing this tool forward.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Said how much do we think we will get with the growth that is coming and said this is another Marriott and once it starts it cannot be stopped. Said the money is being diverted to the bridge instead of fixing the streets.
CITY ATTORNEY, ANDREW JARED said the resolution can remain as presented and amended at a later time regarding the selection of the board.
Motion by COUNCIL MEMBER ROSE, seconded by MAYOR COURTNEY to adopt resolution with the change to item 2 in removing the word BOARD.
RESULT: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSENT: Kruse
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 -
TED WEASMA, BARSTOW, CALIFORNIA
- Wished all happy holidays and enjoy your time off.
TIM SILVA, BARSTOW, CALIFORNIA
- Wished a Merry Christmas.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
Minutes-December 18, 2023
- Mr. Noble said he praised the City Manager for what he has done, but he said he's not done nothing and wished all a Merry Christmas.
PYRO CHAHUA, BARSTOW, CALIFORNIA
- Spoke in Spanish said he wanted to thank the Council for the year and understands the stress on them with all the negative comments and wished all happy holidays.
KAMBIZ MORIDI, PROPERTY OWNER
- Appreciate Mr. Hopkins for what he has done and asked if there was truth to harassment cases involving council.
MONICA CARSON, BARSTOW, CALIFORNIA
- Said her son was so excited to become a police officer and is concerned with the decisions that have been made.
JIM BROWN, BARSTOW, CALIFORNIA
- Said he was the one that brought the video to the council, the Chief told the City Manager about this and the City Manager did not tell the Council about it and it came out on Barstow Citizen Facebook page and said to get another attorney
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Said Barstow needs to do better to help the homeless and pets also extended condolences to the Espinoza family and a will be praying for the loss of the child in the fire. Asked the Street Committee to review the signal lights as there was another pedestrian accident and wished all happy holidays.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Said FPPC interviewed him because he was accused of putting up signs for the fire department during election and found out the Fire Department obtained an attorney because they are in trouble and asked how a letter got out, he said the Mayor is the one that distributed a letter that contained confidential information.
STAFF REPORTS:
10. CITY MANAGER'S NOVEMBER 2023 UPDATE
Recommended Action:
Receive and file.
RESULT: PRESENTATION ONLY
STAFF COMMENTS:
CITY MANAGER, WILLIE A. HOPKINS
- Shared his concerns with some of the public.
COUNCIL COMMITTEE REPORTS:
RECESS:
COUNCIL MEMBER ROSE called for a 5 minute break at 9:55 P.M.
The meeting resumed at 10:00 P.M. with all members present.
COUNCIL MEMBER HERNANDEZ
- Attended the SBCTA meeting
- Mojave Water Air Quality meeting will be January 22nd.
Minutes-December 18, 2023
COUNCIL MEMBER ROSE
- Was unable to attend the last Homeward Bound Meeting and asked COUNCIL MEMBER HERNANDEZ to provide an update, she said there was an unofficial meeting as there were many absent, but Blue Horizon students did give a presentation on what they are working on. - Next Homeward Bound Meeting will be January 10th.
- Rules and Policy meeting will be held January 23rd.
MAYOR PRO TEM NOBLE
- AUSA is looking for volunteers to help with stuff holiday stocking on December 20th and help writing holiday cards for soldiers.
- Mardi Gras/Taste of Bayou will be February 17th at Cora Harper Center, and they are looking for volunteers.
- Next Military Affairs meeting will be January 10th at Los Domingo’s. - VVTA meeting was cancelled, next meeting will be January 16th in Victorville. - MCLB doing their toy giveaway December 22nd.
- December 23rd Christmas Cops and Kids toy giveaway.
BUSINESS OF THE COUNCIL COMMENTS:
COUNCIL MEMBER HERNANDEZ
- Said her first year has been challenging and hopes next year they can all work together.
COUNCIL MEMBER ROSE
- Ask when the Marriott is coming back.
- Goals and Objectives to move forward.
- Also said the last 3 years have been difficult.
- Thanked City Attorney, Andrew Jared for doing a good job this evening.
MAYOR PRO TEM NOBLE
- Would like to thank Skyline for their presentation.
- Thanked Barstow College for taking the time to come out and share the Barstow Reads. - Would hope that everyone takes a break and get reenergize for the New Year.
MAYOR COURTNEY
- Thanked the City Manager for his statements and for what he has done for Barstow. - Said he does not pay anyone to show up and speak.
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 10:18 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