Agenda packet — Barstow City Council, May 20, 2025

REGULAR MEETING

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MAY 20, 2025
6:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA

REGULAR MEETING
Agenda-May 20, 2025

Page 1 of 5 ends

MAYOR
Timothy R. Silva

COUNCILMEMBERS
Carmen M. Hernandez
James M. Noble
Barbara Mae Rose
John “Tex” Williams

ELECTED CITY CLERK
Andrea Flores

ELECTED CITY TREASURER
Michael Lewis

PLANNING COMMISSIONERS
Juanantonio DeLucas
Andrew Ziemer
Beatrice Lint
Paul Niemeyer
Ted Weasma

BARSTOW FIRE PROTECTION

DISTRICT
A Subsidiary District of the City of
Barstow
Timothy R. Silva
Carmen M. Hernandez
James M. Noble
Barbara Mae Rose
John “Tex” Williams
CALL TO ORDER - CLOSED SESSION 6:00PM
PLEDGE OF ALLEGIANCE:

ROLL CALL:
 Council Member Carmen Hernandez
 Council Member James Noble
 Council Member John “Tex” Williams
 Mayor Pro Tem Barbara Rose
 Mayor Timothy Silva
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-May 20, 2025

Page 2 of 5 ends

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.

PUBLIC COMMENT - CLOSED SESSION:

CLOSED SESSION AGENDA ITEMS:

1. CONFERENCE WITH LABOR NEGOTIATORS
Conference with Labor Negotiators (Gov. Code § 54957.6) City & District Negotiators: City Manager/District Manager Rochelle Clayton Employee Organizations:

Unit 1 - Teamsters Local 1932
Unit 2 - Teamsters Local 1932
Unit 3 - Barstow Police Officers’ Association
Unit 5 - Barstow Professional Firefighters Association
Unit 6 - Barstow Management Employees’ Association
Unit 8 - Barstow Police Department Management Association All Unrepresented Employees

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. (Gov. Code § 54956.9(d)(1)) Case Name: Murphy, et al. v. City of Barstow, et al. United States District Court, Central District of California, Case No. 5:24-cv-01913-SSS-SP.

REPORT OF CLOSED SESSION:

CALL TO ORDER - REGULAR MEETING 7:00 PM (or immediately following adjournment of Closed Session if adjourned after 7:00 PM):

INVOCATION: PASTOR MIKE SMITH WITH REVIVED COMMUNITY CHURCH PLEDGE OF ALLEGIANCE: LILLIANA - BARSTOW BASEBALL MAJORS ROLL CALL:
 Council Member Carmen Hernandez
 Council Member James Noble
 Council Member John “Tex” Williams
 Mayor Pro Tem Barbara Rose
 Mayor Timothy R. Silva
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 Agenda-May 20, 2025

Page 3 of 5 ends

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),

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.

PRESENTATIONS:

3. RECOGNITION OF BARSTOW BASEBALL MAJORS DIVISION
Recommended Action:

Present certificates to the players and coaches of the Barstow Baseball Majors Division Team.

4. AFTER-EVENT REPORT AND PRESENTATION BY CA ROUTE 66
Recommended Action:

After-event report and presentation only.

5. BARSTOW CONNECT APP
Recommended Action:

Presentation only.

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.

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: NONE
ACCOUNTS PAYABLE ALL AGENCIES: NONE
CITY COUNCIL:

6. SECOND READING AND ADOPTION OF RESOLUTION NO. 5217-2025 AND ORDINANCE NO. 1030-2025 GENERAL PLAN AMENDMENT (PGPA-25-0001) AND ZONING DISTRICT CHANGE (PZCA-25-0001) FOR 860 WEST MAIN STREET.

Recommended Action:

Adopt Zone District Change under PZCA-25-0001 and its proposed ordinance No. 1030-2025 and General Plan Amendment under PGPA-25-0001 and its proposed resolution No. 5217-2025 to allow for change from C (Commercial) to DU (Diverse Use) zoning and land use designation.

Agenda-May 20, 2025

Page 4 of 5 ends

7. ADOPTION OF RESOLUTION NO. _____-2025 - INTENTION TO DISESTABLISH PUBLIC IMPROVEMENT DISTRICT 81-1
Recommended Action:

Staff recommends the following actions:

1. Discuss and adopt the attached Resolution of Intention to Disestablish PID 81-1 Exhibit A Resolution No. _____-2025.

2. Direct staff to move forward with the disestablishment procedures and schedule a public hearing for the July 15, 2025 City Council meeting.

8. ADOPTION OF RESOLUTION NO. _____-2025 - INTENTION TO DISESTABLISH PUBLIC IMPROVEMENT DISTRICT 83-1
Recommended Action:

Staff recommends the following actions:

1. Discuss and adopt the attached Resolution of Intention to Disestablish PID 83-1 Exhibit A Resolution No. _____-2025.

2. Direct staff to move forward with the disestablishment procedures and schedule a public hearing for the July 15, 2025 City Council meeting.

9. AMENDMENT NO. 5 TO FIRST AVENUE BRIDGE OVER BNSF FUNDING AGREEMENT NO. 15-1001119
Recommended Action:

Staff recommends that the City Council take the following action:

1. Approve Attachment C, Project Funding Agreement No. 15-1001119, Amendment Number 5 between the City and SBCTA and extend the termination date to December 31, 2025.

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).

BUSINESS / ACTION ITEMS:

10. A RESOLUTION AUTHORIZING THE EXECUTION OF A MASTER LEASE-PURCHASE

AGREEMENT AND RELATED DOCUMENTS WITH HOLMAN CAPITAL FOR THE

LEASE/PURCHASE OF A ENFORCER PIERCE ULTIMATE CONFIGURATION PUMPER FIRE ENGINE.

Recommended Action:

Staff recommends the City Council:

1. Approve BFPD Resolution 74-2025 authorizing the Barstow City Council to execute the Master Lease-Purchase Agreement and related documents with Holman Capital to finance the acquisition of a Pierce Fire Engine, with a cost not to exceed a total of $1,119,983.96 collectively, as defined in the Discussion Section of this staff report.

2. Discuss the available financing for additional purchasing ability in an amount not to exceed $4,400,000.00.

PUBLIC HEARINGS:

11. PROTEST HEARING - UNPAID NUISANCE ABATEMENT FEES APN 0181-247-04-000 Recommended Action:

Staff recommends to Conduct a protest hearing for APN 0181-247-04-000. Subject to testimony received, adopt the attached Resolution No. ____-2025, Making Determinations and Confirming Assessments and Proceedings for Unpaid Nuisance Abatement Fees, and waive the full reading.

Agenda-May 20, 2025

Page 5 of 5 ends

PUBLIC SAFETY UPDATES:

COUNCIL COMMITTEE REPORTS:

BUSINESS OF THE COUNCIL:

STAFF REPORTS:

CITY MANAGER COMMENTS: PRESENTATION
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.

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 16TH day of May, 2025.

Approved:
________________________
Rochelle Clayton, City Manager
Regular Meeting
05/20/25 06:00:PM
Maribel Hernandez
Doc ID: 5985

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LABOR NEGOTIATORS
EXECUTIVE SUMMARY:

DISCUSSION:

Conference with Labor Negotiators (Gov. Code § 54957.6) City & District Negotiators: City Manager/District Manager Rochelle Clayton Employee Organizations:

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
EXECUTIVE SUMMARY:

DISCUSSION:

The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. (Gov. Code § 54956.9(d)(1)) Case Name: Murphy, et al. v. City of Barstow, et al. United States District Court, Central District of California, Case No. 5:24-cv-01913-SSS-SP.
2 Packet Pg. 7
Regular Meeting
05/20/25 06:00 PM
City Clerk / Records
Maria Chavez
Recognition
Doc ID: 5987

AGENDA ITEM
AGENDA MATTER:

RECOGNITION OF BARSTOW BASEBALL MAJORS DIVISION
EXECUTIVE SUMMARY:

See below.

DISCUSSION:

The City of Barstow is proud of its youth and their accomplishments and contributions to our City. This year, the Barstow Baseball Major Division was undefeated, winning the championship for their division at the tournament.

These young men worked diligently throughout the year and had an outstanding season. It is only fitting that each of them be recognized for their amazing feat. Certificates will be presented to each player and the coaches.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Present certificates to the players and coaches of the Barstow Baseball Majors Division Team. 3 Packet Pg. 8
Regular Meeting
05/20/25 06:00 PM
City Clerk / Records
Maribel Hernandez
Report
Doc ID: 5986

AGENDA ITEM
AGENDA MATTER:

AFTER-EVENT REPORT AND PRESENTATION BY CA ROUTE 66
EXECUTIVE SUMMARY:

At the March 17, 2025, City Council meeting, the Council approved a waiver of fees associated with the use of the Harvey House for the California Route 66 Mother Road Museum Ribbon Cutting event held on March 22, 2025. Representative(s) from the CA Route 66 will be providing an after-event report and presentation on the organization's Ribbon Cutting for California Route 66 Mother Road Museum.

DISCUSSION:

At the March 17, 2025, City Council meeting, the Council approved a waiver of fees associated with the use of the Harvey House for the California Route 66 Mother Road Museum Ribbon Cutting event held on March 22, 2025. This support, provided as an in-kind contribution through the Community Promotional Fund, was funded by Measure Q and included in the FY 2024-2025 budget.

In accordance with the City’s Community Promotional Fund Policy, recipients of promotional grants or inkind services are required to submit an after-event report and deliver a presentation to the City Council detailing the use of City-provided support and the benefits delivered to the community. As a recipient of this funding, the California Route 66 Museum will be presenting its after-event report to the Council at this time.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

After-event report and presentation only.
4 Packet Pg. 9
Regular Meeting
05/20/25 06:00 PM
Administrative Services
Tara Becerra
Presentation
Doc ID: 5989

AGENDA ITEM
AGENDA MATTER:

BARSTOW CONNECT APP
EXECUTIVE SUMMARY:

Staff will give a presentation on how to use the Barstow Connect App.

DISCUSSION:

At the request of the City Council, Staff will give a presentation on how to install and use the Barstow Connect App.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Presentation only.
5 Packet Pg. 10
Regular Meeting
05/20/25 06:00 PM
Planning
Amy Sanchez
General Plan Amendments
Doc ID: 5993

COUNCIL AGENDA ITEM
AGENDA MATTER:

SECOND READING AND ADOPTION OF RESOLUTION 5217-2025 AND ORDINANCE 1030-2025 860 WEST MAIN STREET - GENERAL PLAN AMENDMENT (PGPA-25-0001) AND ZONING DISTRICT CHANGE (PZCA-25-0001)
EXECUTIVE SUMMARY:

Second Reading for a General Plan amendment request in conjunction with a Zoning District Change request involving the parcel located at 860 West Main Street Barstow, CA 92311 (APN #0182-101-01- 0000). The current zoning for the parcel is classified as C (Commercial) under the City’s Zoning and General Plan Land Use maps. The request for approval of a General Plan Amendment (PGPA-25-0001) and Zoning District Change (PZCA-25-0001) seeks to change the land use designation and zoning district to DU (Diverse Use).

DISCUSSION:

SITE INFORMATION:

Property Owner/Applicant:

OUHNAR LLC (owner), and Narbik Babakhanian (applicant).

Location:

APN# 0182-071-11
Address:
860 West Main Street Barstow, CA 92311
General Plan:

C (Commercial)
Zoning:

C (Commercial)
Surrounding Zoning and Uses:

North: C (Commercial) / Studio 841 Salon; Desert Ambulance East: C (Commercial Use) /Topper Motel
South: SFR (Single Family Residential) / Existing Residences West: C (Commercial)/ Medical Office
CEQA FINDING:

This project qualifies as categorically exempt from the provisions of the California Environmental Quality Act (CEQA), as amended pursuant to California Administrative Code CEQA Guidelines Section 15301 (Existing Facilities), Section 15302 (Replacement or Reconstruction), Section 15332 (In-Fill Development Projects) (In-Fill Development Projects), and Section 15061 (Common Sense).

DISCUSSION:

The parcel at 860 West Main Street has long been utilized for a commercial motel, similar to uses surrounding the property. Applicant, Ouhnar LLC recently purchased the property and seeks to convert the existing 17-unit motel into studio, one-bedroom, and two-bedroom units for long term tenants. 6 Packet Pg. 11
Regular Meeting
05/20/25 06:00 PM
Planning
Amy Sanchez
General Plan Amendments
Doc ID: 5993

COUNCIL AGENDA ITEM
Improvements include recessed lighting, stand-up showers, individual AC & heating units, water heaters, kitchens with tile flooring, and separate gas and electric meters. In addition to the renovations, re-piping of water, gas, and sewer lines is proposed as well as the replacement of electrical panels to comply with current building codes.

The site’s current zoning and land use designation of C (Commercial) does not permit residential uses in accordance with Barstow Municipal Chapter 19.16 regulations. To address this, the applicant has submitted a General Plan Amendment application (PGPA-25-0001) and a Zoning District Change application (PZCA-25-0001) to request a change in designation to DU (Diverse Use). This general plan designation and zoning district allows for various uses, including either residential, commercial, or the intermingling of both. The DU (Diverse Use) land use designation and zoning district, if applied to this parcel would allow for the applicant’s proposal.

Per Barstow Municipal Code Chapter 19.34 General Plan Amendments, Sec. 19.34.010 (a) “an amendment to any element of the General Plan may, in accordance with the procedures set forth in this chapter, be made whenever the public necessity, general welfare, changing urban socio-economic development, or good planning practice justifies such action.” Consistent with Chapter 19.32 Zoning and Zoning Ordinance Amendments which states, “A zoning ordinance amendment to this title or zoned district classification change on the zoning ordinance map may, in accordance with the procedures set forth in this chapter, be made whenever the public necessity, general welfare, consistency with the General Plan, or good planning practice justifies such action.”.

Prior to the filing of a formal application for an amendment to any element of the General Plan, applicants are required to submit a letter providing details behind the request. Attached is a copy of Mr.

Babakhanian’s initial request letter, which was brought forward to the regularly scheduled Planning Commission meeting held on January 27, 2025. Following review of the initial request and associated letter, the Planning Commission voted to approve the request in principle. Approval in principal does not constitute approval of a General Plan amendment, but determines that further action can be taken on the request.

It should be noted, if an applicant has received an approval, in principle, by the Planning Commission on a General Plan amendment, they may within 40 days file an application for a General Plan amendment.

The Formal General Plan amendment application and associated fees for this proposal were received on February 18, 2025 along with the Zoning District Change application and fees.

The Planning Commission completed its final review of the proposed General Plan amendment and Zoning District Change at the regularly scheduled meeting on March 24, 2025, recommending approval to the City Council.

Staff supports the efforts of property owners looking to aid in our City’s housing supply and contribute to the City’s Regional Housing Needs Allocation (RHNA) and requests City Council review, evaluation, and vote.

FISCAL IMPACT:

RECOMMENDED ACTION:

6.a
Packet Pg. 13
Attachment: PGPA-25-0001 Applicant Statement (5993 : SECOND READING - 860 W. Main St. - Gen. Plan Amendment - Zone Change Request) 392572.1
RESOLUTION NO. 566-2025

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BARSTOW RECOMMENDING CITY COUNCIL (1) ADOPT A RESOLUTION APPROVING A GENERAL

PLAN AMENDMENT TO ALLOW FOR A GENERAL LAND USE DESIGNATION CHANGE TO 860 WEST MAIN STREET, BARSTOW, CA (APN 0182-101-01-0000) FROM

COMMERCIAL (C) TO DIVERSE USE (DU) AND FINDING THAT THE GENERAL PLAN AMENDMENT IS EXEMPT FROM CEQA; AND (2) ADOPT AN ORDINANCE APPROVING

A ZONING TEXT AMENDMENT TO ALLOW FOR A ZONING DISTRICT CHANGE TO 860 WEST MAIN STREET, BARSTOW, CA (APN 0182-101-01-0000) FROM

COMMERCIAL (C) TO DIVERSE USE (DU) AND FINDING THAT THE

ORDINANCE IS EXEMPT FROM CEQA
WHEREAS, the City of Barstow has received an application to amend the General Plan designation and allow a Zone District Change of approximately 0.36 acres located at 860 West Main Street, Barstow, CA 92311 (APN 0182-101-01-0000) (Site) so that the Site’s existing motel can be renovated and converted to residential multifamily housing units of naturally occurring affordable housing (Project); and
WHEREAS, the Project proponent is Narbik Babakhanian as Manager of Ouhnar LLC, 1401 21st Street, Suite R, Sacramento, CA 95811 (Applicant); and WHEREAS, the property owner of the Site is Ouhnar LLC, 1401 21st Street, Suite R, Sacramento, CA 95811 (Owner); and
WHEREAS, the Site has General Plan and Zoning District designations of Commercial (C); and WHEREAS, on or about December 11, 2024, Applicant made an initial request to amend the General Plan to designate the Site as Diverse Use (DU) in accordance with Barstow Municipal Code (BMC) Section 19.34.020(a); and
WHEREAS, on or about January 27, 2025, the Planning Commission of the City of Barstow (Planning Commission) approved in principle Applicant’s request to amend the General Plan pursuant to BMC 19.34.020(b); and
WHEREAS, on or about February 18, 2025, Applicant filed an application for the City to amend approximately 0.36 acres of the General Plan to designate the Site as Diverse Use (DU) (“General Plan Amendment”) and to allow a Zoning District Change to designate the Site as Diverse Use (DU) (“Rezone”) in accordance with BMC Sections 19.32.020 and 19.34.030; and WHEREAS, on March 24, 2025, the Planning Commission commenced a duly noticed public hearing and received and considered all public testimony, documentary evidence and staff recommendations submitted at such public hearing regarding the General Plan Amendment and Rezone; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Barstow does hereby recommend that the City Council of the City of Barstow adopt a resolution approving the the General Plan Amendment, pass an ordinance allowing the Rezone, and find that the

6.b
Packet Pg. 14
Attachment: PC RESO - GP and Rezone for 860 W Main Street (Barstow)(392572.1) (5993 : SECOND READING - 860 W. Main St. - Gen. Plan 392572.1 2
adoption of said resolution and passage of said ordinance are exempt from CEQA, based on the following findings:

1. The Site has one existing structure, a motel, and if approved, Applicant proposes renovations and upgrades to the building. More specifically, Applicant intends to convert the motel into multifamily residential units of naturally occurring affordable housing.

2. The public necessity, general welfare, changing urban socio-economics developments, and good planning practices justify the General Plan Amendment and Rezone because they will allow for the creation of naturally occurring affordable housing from an existing structure without the need for new construction.

3. Adoption of the General Plan Amendment and Rezone are in the public interest because they will increase the City’s affordable housing stock.

4. The General Plan Amendment is not a substantial amendment to the City’s General Plan because it only changes the general land use designation for one parcel of real property within the City.

5. The Rezone is to create conformance with the land use designations, policies, and standards of the General Plan. The requested Zoning District Change is required in order to allow for Applicant’s proposal to convert the existing motel into residential units. Under Commercial zoning, residential uses are not permitted. Under the Barstow Municipal Code, the purpose of Diverse Use zoning “is to implement the policies of the general plan, to encourage a harmonious intermingling of business and residential structures, to provide for an increased variety and intermixture of residential, commercial, and office activities, and to enhance the pedestrian usage and character of this district.” Approval of the Rezone would allow for this cohesion.

Additionally, several General Plan policies and goals would be served, including, without limitation: Policy 2.C of the City of Barstow’s General Plan, Land Use Element provides that the City “shall encourage the enhancement of existing developed properties;” and Goal HE-2 of the General Plan’s Housing Element is to conserve and improve the condition of the City’s existing housing stock.

6. Applicant has filed both a General Plan Amendment and Rezone request, should both be approved, the Site land use designation and zoning district will be consistent with the City of Barstow General Plan.

7. The General Plan Amendment and Rezone are exempt from the California Environmental Quality Act (CEQA) under the following sections of Title 14 of the California Code of Regulations: (a) Sections 15301 (Existing Facilities) of the CEQA Guidelines, which exempts the repair, maintenance, and minor alteration of existing private structures and facilities involving negligible or no expansion of existing or former use; (b) Section 15302 (Replacement or Reconstruction) which exempts the reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced; (c) Section 15332 (In-Fill Development Projects) which exempts proposed development that occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; and (d) Section 15061(b)(3) (Common Sense) which exempts projects where there is no possibility that the activity may have a significant effect on the environment.

6.b
Packet Pg. 15
Attachment: PC RESO - GP and Rezone for 860 W Main Street (Barstow)(392572.1) (5993 : SECOND READING - 860 W. Main St. - Gen. Plan 392572.1 3
Having made these findings, the Planning Commission hereby recommends that the City Council:

1. Adopt a resolution approving the General Plan Amendment;

2. Adopt an ordinance allowing the Rezone;

3. Find that the adoption of a resolution approving the General Plan Amendment is exempt from CEQA; and

4. Find that the adoption of an ordinance allowing the Rezone is exempt from CEQA.

PASSED, APPROVED, AND ADOPTED this ____ day of _____________ 2025.

DATED: ____________, 2025
___________________________
Juan Antonio DeLucas, Chair
ATTEST:
_____________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow, hereby certify that the foregoing Planning Commission Resolution was duly passed at a regular meeting of the Planning Commission of the City of Barstow held on the ____ day of _____________ 2025 by the following vote on roll call:

Ayes:

Noes:

Absent:
_____________________________
Andrea Flores, City Clerk

6.b
Packet Pg. 16
Attachment: PC RESO - GP and Rezone for 860 W Main Street (Barstow)(392572.1) (5993 : SECOND READING - 860 W. Main St. - Gen. Plan 331421.1
CITY COUNCIL RESOLUTION NO. ____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA APPROVING THE GENERAL PLAN AMENDMENT PGPA25-0001 TO ALLOW FOR A GENERAL PLAN LAND USE DESIGNATION CHANGE TO PARCEL 860 WEST MAIN ST. BARSTOW, CA FROM

COMMERCIAL (C) TO DIVERSE USE (DU) AND FINDING THAT THE

GENERAL PLAN AMENDMENT HAS BEEN DETERMINED TO BE

EXEMPT FROM CEQA
WHEREAS, the City received an application from Ouhnar LLC on February 18, 2025 for a General Plan Amendment in accordance with Barstow Municipal Code Chapter 19.34(b)(3) (General Plan Amendments); and
WHEREAS, the City initiated the process of adopting a General Plan Amendment by directing the Planning Commission to hold a public hearing on General Plan Amendment PGPA-25-0001 to allow for a General Plan Land Use Designation Change to 860 West Main St. Barstow, CA from Commercial (C) to Diverse Use (DU) Barstow Municipal Code Section 19.34.010(b)(1); and
WHEREAS, a public hearing was held by the Planning Commission on March 24, 2025, for the General Plan Amendment with notice of said hearing and published in the Victor Valley Daily Press at least 20 days prior to the public hearing, at which the Planning Commission voted to recommend approval of the General Plan Amendment to the City Council; and
WHEREAS, Government Code section 65860 requires a City or County’s General Plan to be consistent with its Zoning Ordinance and whereas the proposed General Plan Amendment complies with said Government Code; and WHEREAS, the City Council hereby finds the proposed General Plan Amendment is exempt from the California Environmental Quality Act (CEQA) under Article 14 California Code of Regulations Sections - 15301 (Existing Facilities) of the CEQA Guidelines, which exempts the restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety; and Section 15302 (Replacement or Reconstruction) which exempts proposals where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, and; Section 15332 (In-Fill Development Projects) exempts proposed development that occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, as the proposed General Plan land use designation change is for an existing commercial site less than five acres within an urban uses. Finally, Section 15061(b)(3) (Common Sense) which exempts projects where there is no possibility that the activity may have a significant effect on the environment, as the proposed General Plan land use designation change is for an existing commercial site less than five acres within an urban uses area.

6.c
Packet Pg. 17
Attachment: CC Reso - 860 W. Main St. (5993 : SECOND READING - 860 W. Main St. - Gen. Plan Amendment - Zone Change Request) 331421.1 2
The Site has one existing structure, a motel, and if approved, Applicant proposes renovations and upgrades to the building. More specifically, Applicant intends to convert the motel into multifamily residential units of naturally occurring affordable housing.

Proposal associated with the Zoning District Change and General Plan Amendment meets the referenced findings; and
WHEREAS, the City Council orders the Community Development Department staff file the Notice of Exemption for CEQA under Article 14 California Code of Regulations Section 15062, citing the exemptions under Guidelines Sections 15301, 15302, 15332, and 15061(b)(3) within the required timing post City Council approval of the requested Zone District Change and proposed General Plan Amendment; and WHEREAS, on May 6, 2025, the City Council commenced a duly noticed public hearing and received and considered all public testimony, documentary evidence and staff recommendations submitted at such public hearing regarding the proposed Zoning District Change and General Plan Amendment as recommended by the Planning Commission at hearings on January 27, 2025 and March 24, 2025 and continued the matter; and
WHEREAS, per Barstow Municipal Code Chapter 19.34 (General Plan Amendments), an amendment to the General Plan land use map may be approved only if the following findings are made, as applicable to the type of amendment in compliance with State law (Government Code Section 65800, et. seq.). The City Council hereby determines as follows:

1. Section 19.34.080 of the Barstow Municipal Code requires that all General Plan Amendments be processed in accordance with the Government Code.

The City Council finds that the proposed General Plan Amendment is necessary and desirable for the future development of Barstow as mandated pursuant to State Law, specifically Government Code Section 65300 et seq. and is further justified by good planning practice. The City Council also finds that the proposed change in General Plan land use designation for the project site from Commercial (C) to Diverse Use (DU) is beneficial to the public’s welfare because it will allow economically productive use of the project site by a variety of potential future land uses, including commercial enterprises which would generate tax revenue to pay for City services to the community and potential residential development which would create additional opportunities for community members to live and work in the City of Barstow. The City Council also finds that the proposed land use designation amendment is not internally inconsistent with the other provisions of the General Plan, as no section prohibits a diverse use land use designation at the project site and the list of land uses allowed under the diverse use land use designation are compatible with the surrounding land use designations.

NOW, THERFORE, the City Council of the City of Barstow does hereby resolve as follows:

6.c
Packet Pg. 18
Attachment: CC Reso - 860 W. Main St. (5993 : SECOND READING - 860 W. Main St. - Gen. Plan Amendment - Zone Change Request) 331421.1 3
SECTION 1. Recitals. The City Council finds that all the facts, findings, and conclusions set forth above in this Resolution are true and correct.

SECTION 2. Approval of General Plan Amendment. The City Council hereby approves PGPA-25-0001 changing the General Plan land use designation from Commercial (C) to Diverse Use (DU) for the parcel located at 860 West Main Street Barstow, CA.

The City Council adopts the General Plan Amendment subject to the final conditions of approval attached as Exhibit 1. The City Council hereby directs the City Manager or his designee to prepare and make publicly available the updated General Plan land use designation map reflecting this change.

SECTION 3. Severability Clause. Should any section, clause, or provision of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of the Resolution as a whole, or parts thereof, other than the part so declared to be invalid.

SECTION 4. CEQA. The City Council finds the adoption of this resolution is exempt from review under the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, which exempts the restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety; and Section 15302 (Replacement or Reconstruction) which exempts proposals where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced; and Section 15332 (In-Fill Development Projects) which exempts proposed development that occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, as the proposed General Plan land use designation change is for an existing commercial site less than five acres within an urban uses area. Finally, Section 15061(b)(3) (Common Sense) which exempts projects where there is no possibility that the activity may have a significant effect on the environment as the proposed General Plan land use designation change is for an existing commercial site less than five acres within an urban uses area.

The Site has one existing structure, a motel, and if approved, Applicant proposes renovations and upgrades to the building. More specifically, Applicant intends to convert the motel into multifamily residential units of naturally occurring affordable housing.

Proposal associated with the Zoning District Change and General Plan Amendment meets the referenced findings; and
The City Council finds that the Notice of Exemption prepared for the Zone District Change and General Plan Amendment demonstrates there is no potential for significant environmental impacts associated with the project, which changes the General Plan Land Use Designation and applicable zone for an existing site and is exempt from review under the California Environmental Quality Act Guidelines, sections 15301, 15302, 15332, and 15061(b)(3).

6.c
Packet Pg. 19
Attachment: CC Reso - 860 W. Main St. (5993 : SECOND READING - 860 W. Main St. - Gen. Plan Amendment - Zone Change Request) 331421.1 4
The City Council further adopts and hereby incorporates by reference as if set forth fully herein the Notice of Exemption and supplemental information narrative, providing additional basis for this CEQA exemption determination. The City Council further relies on the CEQA findings and declarations as stated in the concurrently approved Ordinance No. 000-2025 approving the Zoning District Change.

SECTION 5. EFFECTIVE DATE. This Resolution is not effective unless and until Ordinance No. 000-2025 approving the related Zoning District Change for the parcel located at 860 West Main Street, Barstow takes effect.

SECTION 6. CERTIFICATION. The City Clerk shall certify to the adoption of this resolution and shall cause the same to be processed in the manner required by law.

PASSED, APPROVED AND ADOPTED this ________ day of __________, 2025. ___________________________
Timothy Silva, Mayor
________________________
Andrea Flores, City Clerk
ATTEST:

I, Andrea Flores, City Clerk of the City of Barstow 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 Resolution No. ____-2025, was adopted by said City Council at a regular meeting held on the ____________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Andrea Flores, City Clerk

6.c
Packet Pg. 20
Attachment: CC Reso - 860 W. Main St. (5993 : SECOND READING - 860 W. Main St. - Gen. Plan Amendment - Zone Change Request) 1 331422.1
ORDINANCE NO. _______-2025

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF BARSTOW APPROVING ZONING TEXT AMENDMENT
PZCA-25-0001 TO ALLOW FOR A ZONING DISTRICT CHANGE
TO PARCEL 203 WEST MAIN ST. BARSTOW, CA FROM

COMMERCIAL (C) TO DIVERSE USE (DU)
WHEREAS, the City received an application from Ouhnar LLC on February 18, 2025 for a Zoning District Change in accordance with Barstow Municipal Code Chapter

19.32(b)(3) (Zoning and Zoning Ordinance Amendments); and WHEREAS, the City initiated the process of adopting a Zoning District Change by directing the Planning Commission to hold a public hearing on General Plan Amendment PGPA-25-0001 to allow for a General Plan Land Use Designation Change to 203 West Main St. Barstow, CA from Commercial (C) to Diverse Use (DU) Barstow Municipal Code Section 19.32.010(b)(1); and
WHEREAS, a public hearing was held by the Planning Commission on March 24, 2025, for the Zoning District Change with notice of said hearing and published in the Victor Valley Daily Press at least 20 days prior to the public hearing, at which the Planning Commission voted to recommend approval of the Zoning District Change to the City Council; and
WHEREAS, the City Council orders the Community Development Department staff file the Notice of Exemption for CEQA under Article 14 California Code of Regulations Section 15301 (Existing Facilities) of the CEQA Guidelines, which exempts the restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety; and Section 15302 (Replacement or Reconstruction) which exempts proposals where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, and; Section 15332 (In-Fill Development Projects) which exempts proposed development that occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, Finally, Section 15061(b)(3) (Common Sense) which exempts projects where there is no possibility that the activity may have a significant effect on the environment as the proposed General Plan land use designation change is for an existing commercial site less than five acres within an urban uses area, post City Council approval of the requested Zoning District Change and change in General Plan Land Use Designation; and
WHEREAS, on May 6, 2025, the City Council commenced a duly noticed public hearing and received and considered all public testimony, documentary evidence and staff recommendations submitted at such public hearing regarding the proposed Zoning District Change and General Plan Amendment as recommended by the Planning Commission at hearings on January 27, 2025 and March 24, 2025; and

6.d
Packet Pg. 21
Attachment: Ord. 000-2025 - 860 W. Main St. PGPA-25-0001 (5993 : SECOND READING - 860 W. Main St. - Gen. Plan Amendment - Zone Change 2 331422.1
WHEREAS, per Barstow Municipal Code Chapter 19.32 (Zoning and Zoning Ordinance Amendments), a Zoning District Change may be approved only if the following findings are made, as applicable to the type of amendment in compliance with State law (Government Code Section 65800, et. seq.). The City Council hereby determines as follows:

FINDINGS
Chapter 19.32 (Zoning and Zoning Ordinance Amendments) of the Barstow Municipal Code (BMC) allows the Planning Commission to recommend approval of a proposed Zoning Text Amendment provided that the following findings are made:

1. The commission shall make a finding and determine if the proposed zoning ordinance or zoned district classification change is in conformance with the land use designation, policies, and standards of the General Plan; The requested Zoning District Change is required in order to allow for applicant’s proposal to convert the existing motel in to residential units. Under Commercial zoning, residential uses are not permitted. Diverse Use zoning defined in the Barstow Municipal Code as The purpose of the DU diverse use district is to implement the policies of the general plan, to encourage a harmonious intermingling of business and residential structures, to provide for an increased variety and intermixture of residential, commercial, and office activities, and to enhance the pedestrian usage and character of this district. Approval of PZCA-25-0001 would allow for this cohesion. The City Council also finds that the proposed zone change for the project site from Commercial (C) to Diverse Use (DU) is beneficial to the public’s welfare because it will allow economically productive use of the project site by a variety of potential future land uses, including commercial enterprises which would generate tax revenue to pay for City services to the community and potential residential development which would create additional opportunities for community members to live and work in the City of Barstow. The City Council also finds that the proposed zone change is not internally inconsistent with the other provisions of the General Plan or Barstow Municipal Code, as no section prohibits a diverse use land use designation at the project site and the list of land uses allowed under the diverse use zone are compatible with the surrounding land use designations and zones.

2. No zoning ordinance amendments or zoned district change shall be heard by the commission, nor any application filed unless such change is consistent with the adopted land use element of the General Plan. If an application for a zoning ordinance amendment or zoned district change is not consistent with the General Plan as determined by the director of community development, the applicant shall first file an application for a General Plan amendment, subject to the provisions of chapter 19.34 in order that such consistency would be achieved if the zoning ordinance amendment or zoned district change were to be approved by commission action.

6.d
Packet Pg. 22
Attachment: Ord. 000-2025 - 860 W. Main St. PGPA-25-0001 (5993 : SECOND READING - 860 W. Main St. - Gen. Plan Amendment - Zone Change 3 331422.1
Applicant has filed both a General Plan Amendment and Zone Change request, should both be approved 860 West Main Street land use designation and zoning district will be consistent with City of Barstow General Plan as amended.

NOW THEREFORE, the City Council of the City of Barstow hereby ordains as follows:

SECTION 1. Recitals. The City Council finds that all the facts, findings, and conclusions set forth above in this Resolution are true and correct.

SECTION 2. Approval of Zoning District Change. The City Council hereby approves PZCA-25-0001 changing the Zoning District for 860 West Main St.

Barstow, CA from Commercial (C) to Diverse Use (DU).

The City Council adopts the Zoning Text Amendment subject to the final conditions of approval attached as Exhibit 1. The City Council hereby directs the City Manager or his designee to prepare and make publicly available the updated General Plan land use designation map reflecting this change.

SECTION 4. CEQA. The City Council finds the adoption of this ordinance is exempt from review under the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, which exempts the restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety; and Section 15302 (Replacement or Reconstruction) which exempts proposals where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced; and Section 15332 (In-Fill Development Projects) which exempts proposed development that occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. Finally, Section 15061(b)(3) (Common Sense) which exempts projects where there is no possibility that the activity may have a significant effect on the environment as the proposed General Plan land use designation change is for an existing commercial site less than five acres within an urban uses area.

Proposal associated with the Zoning District Change and General Plan Amendment meets the referenced findings; and Proposal associated with the Zoning District Change and General Plan Amendment meets the referenced findings..

6.d
Packet Pg. 23
Attachment: Ord. 000-2025 - 860 W. Main St. PGPA-25-0001 (5993 : SECOND READING - 860 W. Main St. - Gen. Plan Amendment - Zone Change 4 331422.1
The City Council finds that the Notice of Exemption prepared for the Zoning Text Amendment and General Plan Amendment demonstrates there is no potential for significant environmental impacts associated with the project, which changes the General Plan Land Use Designation and applicable zone for an existing site and is exempt from review under the California Environmental Quality Act Guidelines, sections 15301, 15302, 15332, and 15061(b)(3).

The City Council further adopts and hereby incorporates by reference as if set forth fully herein the Notice of Exemption and supplemental information narrative, providing additional basis for this CEQA exemption determination. The City Council further relies on the CEQA findings and declarations as stated in the concurrently approved Resolution No. 000-2025 approving the General Plan Amendment.

SECTION 5. EFFECTIVE DATE. This ordinance is not effective unless and until Resolution No. 000-2025 approving the related General Plan Amendment for the parcel located at 860 West Main Street, Barstow takes effect.

SECTION 6. CERTIFICATION. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be processed in the manner required by law. The City Clerk is hereby directed to cause the Zoning Map of the City of Barstow to be amended to show the number and date of this ordinance and to reflect the change effected thereby.

PASSED, APPROVED AND ADOPTED this _______th day of _______, 2025 __________________________________
Timothy Silva, Mayor
ATTEST:
______________________________
Andrea Flores, City Clerk
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. _______-2025, which was introduced at a special meeting of the City Council of the City of Barstow held on the _______th day of _______-2025 and adopted at the regular meeting of the City Council of the City of Barstow on the . _______th day of _______, 2025, by the following vote:

6.d
Packet Pg. 24
Attachment: Ord. 000-2025 - 860 W. Main St. PGPA-25-0001 (5993 : SECOND READING - 860 W. Main St. - Gen. Plan Amendment - Zone Change 5 331422.1
AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Andrea Flores, City Clerk

6.d
Packet Pg. 25
Attachment: Ord. 000-2025 - 860 W. Main St. PGPA-25-0001 (5993 : SECOND READING - 860 W. Main St. - Gen. Plan Amendment - Zone Change

EXHIBIT
1 6.e
Packet Pg. 26
Attachment: EXHIBIT 1 - 860 W. Main Conditions of Approval (5993 : SECOND READING - 860 W. Main St. - Gen. Plan Amendment - Zone PGPA-25-0001 & PZCA-25-0001
860 West Main Street Barstow, CA 92311
PGPA-23-0001 & PZCA-23-0001
203 West Main Street Barstow, CA 92311
Conditions of Approval

1. The applicant and the property owner agree that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorneys’ fees, litigation expenses, court costs or any other costs arising out of or in any way related to the approval of General Plan Amendment PGPA-25-0001 and Zone District Change PZCA-25-0001 or the activities conducted pursuant to such permit or approval. Accordingly, to the fullest extent permitted by law, the applicant and property owner shall defend, indemnify and hold harmless the City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorneys’ fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the approval of General Plan Amendment PGPA-23-0001 and Zone District Change PZCA-23-0001 or the activities conducted pursuant to such permit or approval. The applicant and property owner shall pay such obligations as they are incurred by City, its employees, agents and officials.

6.e
Packet Pg. 27
Attachment: EXHIBIT 1 - 860 W. Main Conditions of Approval (5993 : SECOND READING - 860 W. Main St. - Gen. Plan Amendment - Zone

2. The time in which to seek judicial review of this decision shall be governed by Code of Civil Procedure Section 1094.6.

6.e
Packet Pg. 28
Attachment: EXHIBIT 1 - 860 W. Main Conditions of Approval (5993 : SECOND READING - 860 W. Main St. - Gen. Plan Amendment - Zone Regular Meeting
05/20/25 06:00 PM
City Manager Department
Matthew Summers
Resolution
Doc ID: 5979

COUNCIL AGENDA ITEM
AGENDA MATTER:

ADOPTION OF RESOLUTION NO. _____-2025 - INTENTION TO DISESTABLISH PUBLIC IMPROVEMENT DISTRICT 81-1
EXECUTIVE SUMMARY:

The City Council established Public Improvement District 81-1 on December 7, 1981, to provide sewerage facilities. Given that the facilities have now been constructed, the District is no longer necessary and should be dissolved. The first step is to adopt a Resolution of Intention to Disestablish the District and the matter will then return to the City Council at the July 15, 2025 meeting for further action.

DISCUSSION:

A special annexation election was held on October 21, 1969. Property owners in the entire Section 7 area (which can be described as bounded to the north by the I-15 Freeway, to the south by Rimrock Road, to the west by Agarita Avenue, and to the east by Monterey Avenue) voted 87-70 in favor of being annexed into the City. Section 7 was divided into two separate areas that became known as East Section 7 (which can be described as bounded to the north by the I-15 Freeway, the south by Rimrock Road, the east by Monterey Avenue, and the west by Barstow Road) and West Section 7 (which can be described as bounded to the north by the I-15 Freeway, the south by Rimrock Road, the east by Barstow Road, and the west by Agarita Avenue).

In recognition that higher population densities existed in East Section 7, the City began public its infrastructure installation in that area. To start the process, the City asked that the property owners pay for the installation of City sewer mains by forming a public improvement district. Once the public infrastructure was installed in East Section 7, the City turned its focus to West Section 7. In 1980, the property owners in West Section 7 were asked to form a public improvement district to pay for the costs of installing City sewer facilities in West Section 7. As part of that request, a letter sent by the City to property owners on September 25, 1980, indicated and implied that the City would install off-site improvements in the West Section 7 area (including water line, gas line, curb/gutter, street, and drainage improvements) if the property owners voted in favor of implementing Public Improvement District No. 81-1 for the construction of sewer mains. Ultimately, the voters agreed and Public Improvement District No. 81- 1 was formed on December 7, 1981, which covered 174 parcels, and allowed for assessments to be levied against the parcels. After the formation of the West Side Section 7 Improvement District No. 87-1 failed, the City Council, acting in its capacity as the Redevelopment Agency, directed on February 2, 1987 that the City proceed only with installing only the center portion of all streets in the West Section 7 area.

The final payment made by West Section 7 property owners into the assessment district occurred in 1997. On July 1, 2013, the City Council adopted a resolution to account for over payments by property owners due to the reduced facilities that were not constructed by the City.

Given the District has constructed the required facilities, has no outstanding debts, and no remaining funds, it is appropriate to dissolve the District.

The City Council must first pass a resolution of intention to disestablish the District, which is attached as Exhibit A. Then, the resolution will be published and sent to affected property owners. The matter will return to the City Council at the July 15, 2025 meeting, where the Council can hear from any members 7 Packet Pg. 29
Regular Meeting
05/20/25 06:00 PM
City Manager Department
Matthew Summers
Resolution
Doc ID: 5979

COUNCIL AGENDA ITEM
from the public as to the proposed dissolution. The City Council will then have the opportunity to vote to disestablish the District via resolution. The resolution will then be recorded against the properties within the District.

FISCAL IMPACT:

There is no financial impact for this item as the assessments have all been used for the required facilities.

RECOMMENDED ACTION:

Staff recommends the following actions:

1. Discuss and adopt the attached Resolution of Intention to Disestablish PID 81-1 (Resolution No. _____-2025.

2. Direct staff to move forward with the disestablishment procedures and schedule a public hearing for the July 15, 2025 City Council meeting.
7 Packet Pg. 30

EXHIBIT A
Resolution No. _____-2025
Intention to Disestablish
Public Improvement District 81-1

7.a
Packet Pg. 31
Attachment: PID 81-1 CC Agenda (Reso and Backup) 5.20.25 (5979 : Adoption of Resolution Declaring Its Intention to Disestablish Public 1 RESOLUTION NO. _______-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BARSTOW DECLARING ITS INTENTION TO
DISESTABLISH PUBLIC IMPROVEMENT DISTRICT 81-1
WHEREAS, on December 7, 1981, the City Council established Public Improvement District 81-1 (the “District”), pursuant to the Municipal Improvement Act of 1913, to provide sewerage facilities for the West Section 7 and ordered assessments against the individual parcels within the District’s boundaries (the individual parcels are listed in Exhibit “A”);
WHEREAS, prior to establishment of the District, the City sent a letter to property owners on September 25, 1980, indicating and implying that the City would install offsite improvements in the West Section 7 area (including water line, gas line, curb/gutter, street, and drainage improvements) if the property owners voted in favor of establishing the District;
WHEREAS, on February 2, 1987, the City Council, acting in its capacity as the Redevelopment Agency, voted to proceed only with installing only the center portion of all streets in the West Section 7 area;
WHEREAS, in light of the reduced services provided by the City, on July 1, 2013, the City Council adopted a resolution to account for payments made by property owners within the District and potential reimbursements; and
WHEREAS, the City has used the assessments to construct the sewer facilities, no longer has a remaining balance or debt, and now seeks to disestablish the District.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:

Section 1. The above recitals are true and correct and hereby incorporated herein.

Section 2. The City Council finds that it is in the best interests of the City to move forward with disestablishing the District.

Section 3. Notice is hereby given that on July 15, 2025, at 7:00 p.m., in the City Council Chambers located at 220 East Mountain View Street, Barstow, CA 92311, a public hearing will be held by the City Council to consider adopting a resolution disestablishing the District, at which time any and all persons interested in or objecting to the proposed dissolution may appear and be heard.

Section 4. Upon disestablishment of the District, any remaining funds shall be refunded as provided by the California Streets and Highways Code.

7.a
Packet Pg. 32
Attachment: PID 81-1 CC Agenda (Reso and Backup) 5.20.25 (5979 : Adoption of Resolution Declaring Its Intention to Disestablish Public 2 Section 5. City staff is directed to give notice of the above public hearing as provided by the California Streets and Highways Code.

Section 6. In the event any member of the public has questions regarding the proposed disestablishment, they may contact Chris Heldreth, Community Development Director at 220 East Mountain View St., Suite A, Barstow, CA 92311 and at [email protected].

PASSED, APPROVED, AND ADOPTED this 20th day of May, 2025.

Timothy R. Silva, Mayor
Attest:

Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No. _____-2025 of said Council which was adopted at its regular meeting on May 20, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Andrea Flores, City Clerk

7.a
Packet Pg. 33
Attachment: PID 81-1 CC Agenda (Reso and Backup) 5.20.25 (5979 : Adoption of Resolution Declaring Its Intention to Disestablish Public

CITY OF BARSTOW
PUBLIC IMPROVEMENT DISTRICT 81-1

ASSESSMENT DATA
Exhibit A
P.I.D. Parcel No. Assessor's Parcel No. 0428- 1 123-07 2 123-08 3 123-23 4 123-24 5 113-44 6 113-43 7 113-42 8 113-41 9 113-40 10 113-39
11 113-38
12 113-37
13 113-36
14 113-34
15 113-35
16 113-33
17 113-32
18 113-31
19 101-06
20 101-07
21 101-21
22 101-13
23 073-28
24 073-03
25 073-18
26 073-19
27 073-20
28 082-08
29 082-07
30 082-06
31 082-80
32 082-77
33 082-79
34 082-78
35 082-72
36 082-71
37 082-75
38 082-74
39 082-03

7.a
Packet Pg. 34
Attachment: PID 81-1 CC Agenda (Reso and Backup) 5.20.25 (5979 : Adoption of Resolution Declaring Its Intention to Disestablish Public

CITY OF BARSTOW
PUBLIC IMPROVEMENT DISTRICT 81-1

ASSESSMENT DATA
Exhibit A
P.I.D. Parcel No. Assessor's Parcel No. 0428-
40 082-02
41 082-01
42 091-15
43 091-14
44 091-06
45 091-05
46 073-01
47 073-04
48 073-17
49 073-29
50 073-30
51 073-21
52 082-09
53 082-10
54 082-13
55 082-11
56 082-12
57 082-76
58 082-16
59 082-17
60 082-18
61 082-19
62 082-70
63 082-22
64 082-23
65 082-24
66 091-39
67 091-48
68 091-28
69 091-27
70 091-73
71 091-47
72 091-62
73 091-46
74 091-36
75 091-37
76 091-67
77 091-68
78 091-51

7.a
Packet Pg. 35
Attachment: PID 81-1 CC Agenda (Reso and Backup) 5.20.25 (5979 : Adoption of Resolution Declaring Its Intention to Disestablish Public

CITY OF BARSTOW
PUBLIC IMPROVEMENT DISTRICT 81-1

ASSESSMENT DATA
Exhibit A
P.I.D. Parcel No. Assessor's Parcel No. 0428-
79 091-64
80 091-63
81 073-41
82 073-27
83 073-05
84 073-06
85 073-36
86 073-35
87 073-14
88 073-13
89 073-31
90 073-34
91 073-38
92 073-37
93 082-40
94 082-39
95 082-38
96 082-37
97 082-36
98 082-34
99 082-35
100 082-33
101 082-32
102 082-31
103 082-30
104 082-29
105 082-25
106 082-26
107 082-28
108 082-27
109 091-29
110 091-57
111 091-21
112 091-54
113 091-55
114 091-49
115 091-53
116 091-59
117 091-58

7.a
Packet Pg. 36
Attachment: PID 81-1 CC Agenda (Reso and Backup) 5.20.25 (5979 : Adoption of Resolution Declaring Its Intention to Disestablish Public

CITY OF BARSTOW
PUBLIC IMPROVEMENT DISTRICT 81-1

ASSESSMENT DATA
Exhibit A
P.I.D. Parcel No. Assessor's Parcel No. 0428-
118 091-12
119 091-08
120 091-42
121 091-34
122 091-43
123 073-07
124 073-42
125 073-08
126 073-43
127 073-12
128 073-26
129 073-25
130 082-41
131 082-42
132 082-82
133 082-81
134 082-45
135 082-46
136 082-47
137 082-5l
138 082-50
139 082-49
140 082-48
141 082-52
142 082-53
143 082-55
144 082-54
145 082-56
146 082-57
147 091-69
148 091-70
149 091-71
150 091-72
151 091-11
152 091-26
153 091-61
154 091-60
155 073-10
156 073-11

7.a
Packet Pg. 37
Attachment: PID 81-1 CC Agenda (Reso and Backup) 5.20.25 (5979 : Adoption of Resolution Declaring Its Intention to Disestablish Public

CITY OF BARSTOW
PUBLIC IMPROVEMENT DISTRICT 81-1

ASSESSMENT DATA
Exhibit A
P.I.D. Parcel No. Assessor's Parcel No. 0428-
157 073-40
158 073-39
159 082-69
160 082-68
161 082-66
162 082-65
163 082-67
164 082-64
165 082-63
166 082-62
167 082-60
168 082-59
169 082-61
170 082-58
171 091-18
172 091-10
173 091-09
174 091-01

7.a
Packet Pg. 38
Attachment: PID 81-1 CC Agenda (Reso and Backup) 5.20.25 (5979 : Adoption of Resolution Declaring Its Intention to Disestablish Public Regular Meeting
05/20/25 06:00 PM
City Manager Department
Christopher Heldreth
Resolution
Doc ID: 5981

COUNCIL AGENDA ITEM
AGENDA MATTER:

ADOPTION OF RESOLUTION NO. _____-2025 - INTENTION TO DISESTABLISH PUBLIC IMPROVEMENT DISTRICT 83-1
EXECUTIVE SUMMARY:

The City Council established Public Improvement District 83-1 on March 19, 1985, to provide sewerage facilities to areas of West Barstow. Given that the facilities have now been constructed, the District is no longer necessary and should be dissolved. The first step is to adopt a Resolution of Intention to Disestablish the District and the matter will then return to the City Council at the July 15, 2025 meeting for further action.

DISCUSSION:

On January 21, 1985, the City Council adopted Resolution No. 2679-85, declaring its intention to form a public improvement district. Thereafter, on March 18, 1985, by adoption of Resolution No. 2689-85, the City Council created Public Improvement District 83-1 (the “District”) pursuant to the Municipal Improvement Act of 1913 and ordered assessments against the approximate 1,376 parcels within the District’s boundaries. The District assessed landowners in West Barstow for related costs of providing the sewerage improvements, appurtenances, and appurtenant work. On April 22, 1985, by Resolution No. 2702-85, the City Council authorized the issuance of bonds to represent and be secured by certain unpaid assessments. Since its inception, staff has diligently used the funds provided by the assessments to construct the anticipated sewer line, identified by three sections: Lenwood Interceptor, Sun ‘N Sky Interceptor, and the Lenwood Road Interceptor. Given the District has constructed the required facilities, has no outstanding debts, and no remaining funds, it is appropriate to dissolve the District.

The City Council must first pass a resolution of intention to disestablish the District, which is attached as Exhibit A. Then, the resolution will be published and sent to affected property owners. The matter will return to the City Council at the July 15, 2025 meeting, where the Council can hear from any members from the public as to the proposed dissolution. The City Council will then have the opportunity to vote to disestablish the District via resolution. The resolution will then be recorded against the properties within the District.

FISCAL IMPACT:

There is no financial impact for this item as the assessments have all been used for the required facilities.

RECOMMENDED ACTION:

Staff recommends the following actions:

1. Discuss and adopt the attached Resolution of Intention to Disestablish PID 83-1 (Exhibit A)

2. Direct staff to move forward with the disestablishment procedures and schedule a public hearing for the July 15, 2025 City Council meeting.
8 Packet Pg. 39

EXHIBIT A
Resolution No. _____-2025
Intention to Disestablish
Public Improvement District 83-1

8.a
Packet Pg. 40
Attachment: CC Agenda 5.20.25 Staff Report and Backup Docs (5981 : Adoption of Resolution Declaring Its Intention to Disestablish Public 1 RESOLUTION NO. _____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BARSTOW DECLARING ITS INTENTION TO
DISESTABLISH PUBLIC IMPROVEMENT DISTRICT 83-1
WHEREAS, on January 21, 1985, the City Council adopted Resolution No. 2679- 85, declaring its intention to form a public improvement district to provide sewer facilities for landowners in West Barstow;
WHEREAS, on March 18, 1985, by adoption of Resolution No. 2689-85, the City Council created Public Improvement District 83-1 (the “District”) pursuant to the Municipal Improvement Act of 1913 and ordered assessments against the individual parcels within the District’s boundaries (the individual parcels are listed in Exhibit “A”); WHEREAS, on April 22, 1985, by Resolution No. 2702-85, the City Council authorized the issuance of bonds to represent and be secured by certain unpaid assessments; and
WHEREAS, the City has used the assessments to construct the sewer facilities, no longer has a remaining balance or debt, and now seeks to disestablish the District.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:

Section 1. The above recitals are true and correct and hereby incorporated herein.

Section 2. The City Council finds that it is in the best interests of the City to move forward with disestablishing the District.

Section 3. Notice is hereby given that on July 15, 2025 at 7:00 p.m., in the City Council chambers at 220 East Mountain View Street, Barstow, CA 92311, a public hearing will be held by the City Council to consider adopting a resolution disestablishing the District, at which time any and all persons interested in or objecting to the proposed dissolution may appear and be heard.

Section 4. Upon disestablishment of the District, any remaining funds shall be refunded as provided by the California Streets and Highways Code.

Section 5. City staff is directed to give notice of the above public hearing as provided by the California Streets and Highways Code.

Section 6. In the event any member of the public has questions regarding the proposed disestablishment, they may contact Chris Heldreth, Community Development

8.a
Packet Pg. 41
Attachment: CC Agenda 5.20.25 Staff Report and Backup Docs (5981 : Adoption of Resolution Declaring Its Intention to Disestablish Public 2 Director at 220 East Mountain View St., Suite A, Barstow, CA 92311 and at [email protected].

PASSED, APPROVED, AND ADOPTED this 20
th day of May, 2025.

Timothy R. Silva, Mayor
Attest:

AYES:

NOES:

ABSTAIN:

ABSENT:

Andrea Flores, City Clerk

8.a
Packet Pg. 42
Attachment: CC Agenda 5.20.25 Staff Report and Backup Docs (5981 : Adoption of Resolution Declaring Its Intention to Disestablish Public