Agenda packet — Barstow City Council, July 18, 2022 (part 1 of 2)

BARSTOW CITY COUNCIL / BARSTOW FIRE PROTECTION

DISTRICT / BARSTOW PUBLIC FACILITIES CORPORATION

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JULY 18, 2022
6:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA

JOINT SPECIAL MEETING
Agenda-July 18, 2022

Page 1 of 6 ends

MAYOR
Paul Anthony Courtney

COUNCILMEMBERS
Barbara Mae Rose
James M. Noble
Marilyn Dyer Kruse
Timothy R. Silva

ELECTED CITY CLERK
Andrea Flores

ELECTED CITY TREASURER
Michael Lewis

PLANNING COMMISSIONERS
Andrew Ziemer
Beatrice Lint
Miguel Morales
Rodney Brand Jr.

Juanantonio Delucas

BARSTOW FIRE PROTECTION

DISTRICT
A Subsidiary District of the City of
Barstow
Paul Anthony Courtney
Barbara Mae Rose
James M. Noble
Marilyn Dyer Kruse
Timothy R. Silva
CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:
 Council Member Timothy Silva
 Council Member Barbara Rose
 Council Member Marilyn Kruse
 Mayor Pro Tem James Noble
 Mayor Paul Courtney
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY

ITEM ON THE AGENDA INCLUDING ANY ITEM ON THE CONSENT

CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER

REQUEST CARD AND HAND 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-July 18, 2022

Page 2 of 6 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.

CLOSED SESSION AGENDA ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:

Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
The City Council finds, based on advice from legal counsel, that discussion in an open session will prejudice the position of the City in the litigation.

Case Name: Hernandez v. City of Barstow, San Bernardino County Superior Court Case No.

CIV-SB-2125628

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Recommended Action:

Conference with Legal Counsel; Existing Litigation
(Gov. Code § 54956.9(d)(1))
Case name would jeopardize settlement negotiations

3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Recommended Action:
(Gov. Code § 54956.9(d)(2) & (d)(3))
A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City.

Number of Potential Cases: 1
Facts and circumstances that might result in litigation but which the City believes are not yet known to potential plaintiff or plaintiffs.
(Gov. Code § 54956.9(e)(1))
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:

PLEDGE OF ALLEGIANCE:

ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HAND 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.

Agenda-July 18, 2022

Page 3 of 6 ends

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.

PRESENTATIONS:

4. PRESENTATION OF CERTIFICATE OF APPRECIATION TO BARSTOW SUPERSTARS

CHEERLEADING
Recommended Action:

Presentation only.

5. PRESENTATION OF CERTIFICATE OF RECOGNITION TO KAY WHITECLOUD Recommended Action:

Presentation only.

6. AFTER-EVENT REPORT AND PRESENTATION FROM BARSTOW COMMUNITY COALITION/DESERT SANCTUARY INC.

Recommended Action:

After-event report and presentation only.

7. UPDATE - BARSTOW HUMANE SOCIETY
Recommended Action:

Presentation only.

8. MEASURE Q FUND FINANCIAL REPORT FISCAL YEAR 2021-2022 - 3RD QUARTER Recommended Action:

That the City Council receive and file the Measure Q sub-fund Financial Report for the 3rd Quarter of Fiscal Year 2021-2022 covering the period of January 1, 2022 - March 31, 2022.

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:

9. MINUTES JOINT SPECIAL MEETING - JUNE 20, 2022 7:00 P.M.

Recommended Action:

Approve minutes as presented.

BARSTOW PUBLIC FACILITIES CORPORATION:

10. CHANGE OF OFFICERS FOR YEAR 2022
Recommended Action:

Approve the 2022 change of officers for the Barstow Public Facilities Corporation and accept the 'Statement of Information' (Form 100) and the 'Statement of Facts' (Form 405).

Agenda-July 18, 2022

Page 4 of 6 ends

11. ANNUAL MEETING OF THE BARSTOW PUBLIC FACILITIES CORPORATION AND REVIEW OF THE FISCAL YEAR 2021 PUBLIC FACILITIES CORPORATION FINANCIAL STATEMENT Recommended Action:

Staff recommends that,

1. The Board of the Barstow Public Facilities Corporation hold its annual meeting as required by prior Board action, and

2. Review and accept the Barstow Public Facilities Corporation Financial Statement for the Fiscal Year ending June 30, 2021 for filing.

BFPD:

12. SECOND ADOPTION OF THE BARSTOW FIRE PROTECTION DISTRICT'S FINAL ANNUAL BUDGET FOR FY 2022-23 PURSUANT TO HEALTH AND SAFETY CODE SUBSECTION 13893
Recommended Action:

Staff recommends that pursuant to the Health and Safety Code requirements, the Barstow Fire Protection District's Board approve Resolution No. __-2022 adopting the Final Barstow Fire Protection District Annual Budget for Fiscal Year 2022-23 (Attachment A) and waive the full reading.

CITY COUNCIL:

13. RESOLUTION DESIGNATING THE CITY AS THE ENFORCEMENT AGENCY FOR SINGLEUSE FOODWARE REGULATIONS Recommended Action:

That the City Council adopt Resolution No. ____-2022 designating the City as the enforcement agency for state regulations on single-use foodware accessories and standard condiments, and waive the full reading.

14. APPROVAL OF CITY COUNCIL AND CITY CLERK TRAVEL TO THE LEAGUE OF

CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG BEACH, CA
Recommended Action:

15. AWARD OF COMMUNITY PROMOTIONAL FUNDS FOR FISCAL YEAR 2022-2023 Recommended Action:

Authorize the allocation from the Measure Q Fund towards providing in-kind donations of fee waivers in the amount of $36,576 for Fiscal Year 2022-2023.

16. PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BARSTOW AND MAIN STREET MURALS FOR THE PRODUCTION OF "MURALS ALONG MAIN STREET", BARSTOW, CA.

Recommended Action:

1. Determine if the program continues to meet the needs of the community; and

2. If yes, authorize the Mayor to sign a one-year Professional Services Agreement between the City of Barstow and Main Street Murals for $35,000 with quarterly payments of $8,750.00.

17. APPROVAL OF AMENDMENT FOUR TO AMEND AND REINSTATE THE AGREEMENT FOR

ANIMAL CONTROL SERVICES WITH BARSTOW HUMANE SOCIETY
Recommended Action:

Approve the Agreement for Animal Control Services with Barstow Humane Society, and authorize the City Manager to execute the agreement.

Agenda-July 18, 2022

Page 5 of 6 ends

18. ADOPTION OF ORDINANCE 991-2022 APPROVING DEVELOPMENT AGREEMENT NEBRINA BARSTOW LLC. COMMERCIAL CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council adopt Ordinance No. 991-2022 approving Nebrina Barstow LLC’s application for a Commercial Cannabis Dispensary permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its April 25, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

19. 2ND READING AND ADOPTION OF ORDINANCE 993-2022 AMENDING CHAPTER 5.91, TITLE 5 OF THE BARSTOW MUNICIPAL CODE ENTITLED "ANNUAL RENTAL PROPERTY INSPECTION REQUIREMENTS"
Recommended Action:

Adopt Ordinance No. 993-2022, amending Chapter 5.91, Title 5 of the Barstow Municipal Code Entitled Annual Rental Property Inspection Requirements. Adoption of this Ordinance is exempt from review under the California Environmental Quality Act under CEQA Guidelines section 15301.

DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FROM

CONSENT CALENDAR BY COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME).

PUBLIC HEARINGS:

20. LIEN PROTEST HEARING FOR DELINQUENT TRASH & SEWER ACCOUNTS Recommended Action:

1. Conduct a protest hearing and subject to testimony received, adopt Resolution No. ____-2022 and waive further reading.

2. Where necessary and relevant, direct staff to resolve any conflicts with protest owners before the final lien list is filed with San Bernardino County. Additionally, authorize staff to remove any properties from the lien list should delinquent fees be paid prior to the filing of the final lien list with San Bernardino County.

21. ANNUAL RENEWAL AND REAFFIRMATION OF ASSESSMENT DISTRICT #1 Recommended Action:

Staff recommends that the City Council take the following actions:

1. Adopt Resolution No. ____-2022 (Attachment A), thereby approving the Engineer’s Report, and waive the full reading.

2. Adopt Resolution No. ____-2022, declaring the City’s intention to reaffirm the levy and collection of annual assessment in Fiscal Year 2022/2023 in connection with Landscape Maintenance District No. 1, Street Maintenance District No. 1 Street Lighting Maintenance District No. 1, and Flood Control Maintenance District No. 1 (Attachment B), and waive the full reading.

3. Make Budget Adjustment per the Engineer's Report Attachment 1 "Estimated Revenue and Expenditures", page 9.

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.

Agenda-July 18, 2022

Page 6 of 6 ends

BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:

STAFF REPORTS:

POLICE CHIEF COMMENTS:

FIRE CHIEF COMMENTS:

CITY MANAGER / DISTRICT MANAGER COMMENTS:

BUSINESS / ACTION ITEMS:

CITY COUNCIL:

ADJOURNMENT:

Individuals electing to later challenge any items listed herein will be limited to addressing only those issues raised at any public hearing or in written correspondence received by the Governing Board prior to the meeting.

Materials related to an item on this Agenda submitted to the Governing Board after distribution of the agenda packet area 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 14th day of July, 2022.

Joint Special Council/BFPD
07/18/22 06:00:PM
Maria Chavez
Doc ID: 5083

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None
RECOMMENDED ACTION:

Case Name: Hernandez v. City of Barstow, San Bernardino County Superior Court Case No. CIV-SB2125628 1 Packet Pg. 7
Joint Special Council/BFPD
07/18/22 06:00:PM
Maria Chavez
Doc ID: 5084

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None
RECOMMENDED ACTION:

Conference with Legal Counsel; Existing Litigation
(Gov. Code § 54956.9(d)(1))
Case name would jeopardize settlement negotiations
2 Packet Pg. 8
Joint Special Council/BFPD
07/18/22 06:00:PM
Maria Chavez
Doc ID: 5085

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None
RECOMMENDED ACTION:
(Gov. Code § 54956.9(d)(2) & (d)(3))
A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City.

AGENDA ITEM
AGENDA MATTER:

PRESENTATION OF CERTIFICATE OF APPRECIATION TO BARSTOW SUPERSTARS

CHEERLEADING
EXECUTIVE SUMMARY:

The City Council will present a certificate of appreciation to Barstow Superstars for their achievements this year and a certificate of appreciate to founder Nicki Duarte who will be retiring in summer 2022.

DISCUSSION:

Barstow Superstars was founded in 2002 by Nicki Duarte and is a cheerleading program offered through the Parks and Recreation Department. The program consists of four teams of 38 girls ranging from ages 4 - 21. The teams have been working on their routines since August 2021 and recently competed in four competitions winning the following awards:

Twelve (12) 1st place trophies, three (3) 2nd place trophies, three (3) overall Grand Champions, and one (1) Most Spirited Award.

Ms. Duarte will be retiring in summer 2022 with her daughters Breanna Ruelas and Alexandria Duarte continuing their mother’s legacy by coaching the Barstow Superstars through the Parks and Recreation Department.

The City Council will be presenting a certificate to Ms. Duarte recognizing her for her contributions to the youth in the community.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Presentation only.
4 Packet Pg. 10
Joint Special Council/BFPD
07/18/22 06:00 PM
City Clerk / Records
Christina Rudsell
Presentation
Doc ID: 5071

AGENDA ITEM
AGENDA MATTER:

PRESENTATION OF CERTIFICATE OF RECOGNITION TO KAY WHITECLOUD EXECUTIVE SUMMARY:

A certificate of recognition will be presented to Kay Whitecloud, who at age 83, received her high school diploma on Saturday, May 21, 2022. Ms. Whitecloud, who left school in 1957 to begin a family, completed her remaining 13 units by attending classes at Barstow Adult Education, fulfilling a promise she made to her father more than 60 years ago. Ms. Whitecloud is being recognized for earning her long-awaited diploma and being a true example that it is never too late to earn your high school diploma or GED.

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Presentation only.
5 Packet Pg. 11
Joint Special Council/BFPD
07/18/22 06:00 PM
City Manager Department
Maribel Hernandez
Presentation
Doc ID: 5079

AGENDA ITEM
AGENDA MATTER:

AFTER-EVENT REPORT AND PRESENTATION FROM BARSTOW COMMUNITY COALITION/DESERT SANCTUARY INC.

EXECUTIVE SUMMARY:

Representatives from Barstow Community Coalition/Desert Sanctuary Inc. will be providing an after-event report and presentation on the Veteran's Resource Fair held on June 30, 2022.

DISCUSSION:

At the February 7, 2022, City Council meeting, the Council awarded a Community Promotional Fund inkind donation in the amount of $2,000 to the Barstow Community Coalition/Desert Sanctuary Inc. to help offset the costs of the organization of the Veteran's Resource Fair held on June 30, 2022 at the Cora Harper Center. This donation was included in the FY 2021/22 budget.

Per the Community Promotional Fund Policy, applicants who are awarded a promotional fund grant or inkind services must commit to providing an after-event report and presentation to the City Council outlining how the group used the funding provided by the City of Barstow for the benefit of the community. The Barstow Community Coalition/Desert Sanctuary Inc., as a recipient of a community promotional fund grant, will be providing its after-event report and presentation.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

After-event report and presentation only.
6 Packet Pg. 12
Joint Special Council/BFPD
07/18/22 06:00 PM
City Manager Department
Maribel Hernandez
Presentation
Doc ID: 5065

AGENDA ITEM
AGENDA MATTER:

UPDATE - BARSTOW HUMANE SOCIETY
EXECUTIVE SUMMARY:

Representatives from the Barstow Humane Society will be providing an update on activities at the shelter.

DISCUSSION:

As noted in Section 23 of the agreement for Animal Control Services, a Representative from the Humane Society shall make a semi-annual presentation regarding the shelter operations.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Presentation only.
7 Packet Pg. 13

7.a
Packet Pg. 14
Attachment: Barstow Humane Society Activity Reports January - May 2022 (5065 : Update - Barstow Humane Society)

7.a
Packet Pg. 15
Attachment: Barstow Humane Society Activity Reports January - May 2022 (5065 : Update - Barstow Humane Society)

7.a
Packet Pg. 16
Attachment: Barstow Humane Society Activity Reports January - May 2022 (5065 : Update - Barstow Humane Society)

7.a
Packet Pg. 17
Attachment: Barstow Humane Society Activity Reports January - May 2022 (5065 : Update - Barstow Humane Society)

7.a
Packet Pg. 18
Attachment: Barstow Humane Society Activity Reports January - May 2022 (5065 : Update - Barstow Humane Society)

7.a
Packet Pg. 19
Attachment: Barstow Humane Society Activity Reports January - May 2022 (5065 : Update - Barstow Humane Society)

7.a
Packet Pg. 20
Attachment: Barstow Humane Society Activity Reports January - May 2022 (5065 : Update - Barstow Humane Society)

7.a
Packet Pg. 21
Attachment: Barstow Humane Society Activity Reports January - May 2022 (5065 : Update - Barstow Humane Society)

7.a
Packet Pg. 22
Attachment: Barstow Humane Society Activity Reports January - May 2022 (5065 : Update - Barstow Humane Society)

7.a
Packet Pg. 23
Attachment: Barstow Humane Society Activity Reports January - May 2022 (5065 : Update - Barstow Humane Society) Joint Special Council/BFPD
07/18/22 06:00 PM
City Manager Department
Maribel Hernandez
Report
Doc ID: 5073

AGENDA ITEM
AGENDA MATTER:

MEASURE Q FUND FINANCIAL REPORT FISCAL YEAR 2021-2022 - 3RD QUARTER EXECUTIVE SUMMARY:

In accordance with Barstow Municipal Code Section 2.26.050, the Resident Oversight Commission will review, on a quarterly basis, the expenditures of revenues received from the 1% Local Transaction and Use Tax and prepare a financial report categorized by each city department, including the Barstow Fire Protection District.

DISCUSSION:

At the February 4, 2019, City Council meeting, the Council adopted Ordinance No. 960-2019, adopting Barstow Municipal Code Chapter 2.26 (“Resident Oversight Commission”) of Title 2 (“Administration and Personnel”) to establish a Resident Oversight Commission to review and report on expenditures of the 1% Local Transactions and Use Tax.

The Resident Oversight Commission met on June 22, 2022 and reviewed the expenditures of revenue generated by the tax imposed by Measure Q for the 3rd Quarter of Fiscal Year 2021-2022 covering the period of January 1, 2022 - March 31, 2022. The financial report is attached for further reference.

FISCAL IMPACT:

N/A
RECOMMENDED ACTION:

That the City Council receive and file the Measure Q sub-fund Financial Report for the 3rd Quarter of Fiscal Year 2021-2022 covering the period of January 1, 2022 - March 31, 2022. 8 Packet Pg. 24

8.a
Packet Pg. 25
Attachment: 3rd Q2022 (5073 : Measure Q Fund Financial Report FY 2021-2022 - 3Rd. Quarter)

8.a
Packet Pg. 26
Attachment: 3rd Q2022 (5073 : Measure Q Fund Financial Report FY 2021-2022 - 3Rd. Quarter)

8.a
Packet Pg. 27
Attachment: 3rd Q2022 (5073 : Measure Q Fund Financial Report FY 2021-2022 - 3Rd. Quarter)

8.a
Packet Pg. 28
Attachment: 3rd Q2022 (5073 : Measure Q Fund Financial Report FY 2021-2022 - 3Rd. Quarter) Joint Special Council/BFPD
07/18/22 06:00 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5081

AGENDA ITEM
AGENDA MATTER:

MINUTES JOINT SPECIAL MEETING - JUNE 20, 2022 7:00 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
9 Packet Pg. 29

BARSTOW CITY COUNCIL /

BARSTOW FIRE PROTECTION DISTRICT

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JUNE 20, 2022
7:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

JOINT SPECIAL MEETING
Minutes-June 20, 2022

Page 1 of 18 ends

CALL TO ORDER:

MAYOR COURTNEY called the Regular Meeting to order at 7:00 P.M.

INVOCATION:

MAYOR PRO TEM NOBLE led the invocation.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER DYER KRUSE 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
Timothy Silva 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 HAND TO THE CITY CLERK. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

MADE TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW COMMUNITY AND NOT FOR PERSONAL GAIN.

Motion by COUNCIL MEMBER SILVA, seconded by COUNCIL MEMBER DYER KRUSE, and unanimously carried to approve the agenda pulling Item 9 due to expiration of the current contract.

9.a
Packet Pg. 30
Attachment: 06 20 2022 Minutes_FINAL (5081 : Minutes Joint Special Meeting June 20, 2022 7:00 P.M.) Minutes-June 20, 2022

Page 2 of 18 ends

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
PRESENTATIONS:

1. PRESENTATION OF PROCLAMATION IN RECOGNITION OF AMATEUR RADIO WEEK Recommended Action:

Present proclamation in recognition of Amateur Radio Week. - A proclamation was presented by the Mayor and Council proclaiming June 20-26, 2022 as “Amateur Radio Week."
- The Council recognized amateur radio operators for providing countless hours of community service both in emergencies and to other organizations throughout the decades.

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.

MINUTES ALL AGENCIES:

2. MINUTES CLOSED SESSION MEETING - JUNE 2, 2022 5:00 P.M.

Recommended Action:

Approve minutes as presented.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva

3. MINUTES WORKSHOP - JUNE 2, 2022 6:00 P.M.

Recommended Action:

Approve minutes as presented.

COUNCIL MEMBER ROSE
- Requested an amendment to her comment on page 3 that stated she suggested that Measure Q funds be used for the bridge after addressing public safety priorities. Clarified that she did not make that statement.

Motion by COUNCIL MEMBER SILVA, seconded by MAYOR PRO TEM NOBLE, and unanimously carried to approve the minutes as amended.

9.a
Packet Pg. 31
Attachment: 06 20 2022 Minutes_FINAL (5081 : Minutes Joint Special Meeting June 20, 2022 7:00 P.M.) Minutes-June 20, 2022

Page 3 of 18 ends

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva

4. MINUTES JOINT SPECIAL MEETING - JUNE 6, 2022 7:00 P.M.

Recommended Action:

Approve minutes as presented.

COUNCIL MEMBER DYER KRUSE
- Noted that she requested an amendment to Mike Carson’s public comment on page 6.

Mentioned that the minutes stated that he was concerned about the property she owned in Lenwood when Mr. Carson's question was not in reference to her personal property, but how other residents could be annexed into District 4.

COUNCIL MEMBER SILVA
- Stated that during the Business of the Council portion of the minutes, he asked if the Fire Department was fully funded as opposed to fully staffed. - Requested that staff confirm his statement and amend the minutes if necessary.

Motion by COUNCIL MEMBER SILVA, seconded by MAYOR PRO TEM NOBLE, and unanimously carried to approve the minutes as amended.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
CITY COUNCIL:

5. APPROVAL TO ACCEPT SB 1383 LOCAL ASSISTANCE GRANT
Recommended Action:

Approve the acceptance of the SB 1383 Local Assistance Grant, including acceptance of secondround funding if applicable, and direct staff to complete the related budget appropriation and carry out projects as approved by CalRecycle.

CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if the public would be notified on how the funds were spent.

TED WEASMA, BARSTOW, CALIFORNIA
- Asked how much the grant amount was and how would the funds be spent.

MARCIA WEASMA, BARSTOW, CALIFORNIA
- Asked how much the grant amount was and how would the funds be spent. - Asked if the grant was related to the SB 1383 Organics Recycling rate increase.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva

9.a
Packet Pg. 32
Attachment: 06 20 2022 Minutes_FINAL (5081 : Minutes Joint Special Meeting June 20, 2022 7:00 P.M.) Minutes-June 20, 2022

Page 4 of 18 ends

6. AMENDMENT NO. 8 TO WASTE DISPOSAL AGREEMENT (WDA) SETTING A RATE CAP Recommended Action:

Approve Amendment No. 8 to the Waste Disposal Agreement with the County of San Bernardino and authorize the City Manager to execute the same.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva

7. RESOLUTION INITIATION OF REAFFIRMATION FOR ASSESSMENT DISTRICTS FOR FY 2022/2023
Recommended Action:

Approve Resolution No. 5092-2022 to initiate proceedings to reaffirm the levy and collection of annual assessments and ordering the City Engineer to prepare an Engineer’s Report for Landscaping Assessment District #1, Street Maintenance Assessment District #1, Street Lighting Assessment District #1, and Flood Control Assessment District #1, and waive the full reading.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva

8. MEASURE I FISCAL YEAR 2021/2022
Recommended Action:

Staff recommends that the City Council take the following actions:

1. Approve the necessary adjustments to the Measure I Capital Improvement Projects.

2. Direct staff to forward the report to SBCTA.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Expressed concerns with the lack of funding for street repairs in the budget. - Asked why the results of the streets valuations were not available to the public.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva

9. APPROVAL TO EXTEND CONTRACT AGREEMENT WITH KLEINFELDER INC. FOR FIRST

AVENUE BRIDGE OVER BNSF
Recommended Action:

Staff recommends that the City Council approve the first amendment to the contract agreement with Kleinfelder Inc., for an additional five years and two months term, and authorize the City Manager to execute the same.

CITY MANAGER WILLIE HOPKINS, JR.
- Explained that Item 9 was pulled because it was an expired contract and the City's Municipal Code does not allow for the extension of expired contracts unless within two months of expiration date.

9.a
Packet Pg. 33
Attachment: 06 20 2022 Minutes_FINAL (5081 : Minutes Joint Special Meeting June 20, 2022 7:00 P.M.) Minutes-June 20, 2022

Page 5 of 18 ends

RESULT: PULLED

10. FY2020-2022 PROPOSED BUDGET AMENDMENT FOR YEAR-END CLEAN-UP

ADJUSTMENTS
Recommended Action:

Approve amendments to various funds and accounts in the City's adopted FY2020-2022 Operating and Capital Improvement two-year Budget as outlined in the attached proposed Budget Amendment (Attachment 1).

INTERIM FINANCE DIRECTOR MARC PUCKETT
- Stated that there was a typographical error and correction to the total on agenda packet page 112 from $4,800 to $39,800.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FROM

CONSENT CALENDAR BY COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME).

PUBLIC HEARINGS:

11. BURRTEC WASTE FRANCHISE AMENDMENT AND RATE UPDATES FOR SB 1383

PROGRAM IMPLEMENTATION
Recommended Action:

Option 1. Adopt Resolution No. 5093-2022 for the 2nd Amended and Restated Franchise Agreement with Burrtec Waste Industries, Inc., related exhibits and rate schedule at the existing term end date of August 31, 2033, and direct the City Clerk to handle the execution of the agreement; OR
Option 2. Adopt Resolution No. 5093-2022 for the 2nd Amended and Restated Franchise Agreement with Burrtec Waste Industries, Inc., related exhibits and rate schedule at the extended-term end date of August 31, 2043, and direct the City Clerk to handle the execution of the agreement.

ADMINISTRATIVE ANALYST JESSICA REED
- Presented the staff report as filed with the City Clerk. - Clarified the City was awarded $35,142 for first-round funding and might be eligible for additional funding.

MAYOR PRO TEM NOBLE
- Asked when the second round of grant funding would be available. - Asked why Option 2 was recommended.

ADMINISTRATIVE ANALYST JESSICA REED
- Stated funding would be available in September 2022.
- Stated that Option 2 allowed for a smaller incremental fee increase instead of a larger rate adjustment.

COUNCIL MEMBER SILVA
- Suggested that Sections 3.40 b and 3.29 b be consolidated, as they were redundant. - Asked for clarification on the process identified in Section 4.4 e. - Noted that the fee violations in Sections 3.38 a and 3.35 3 were redundant.

9.a
Packet Pg. 34
Attachment: 06 20 2022 Minutes_FINAL (5081 : Minutes Joint Special Meeting June 20, 2022 7:00 P.M.) Minutes-June 20, 2022

Page 6 of 18 ends

MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 7:46 P.M.

SPEAKERS

CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with Option 2 and extending the agreement with Burrtec for an additional 10 years given changes with CalRecycle and the State legislature.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked the if the $2.82 rate expires or was charged during the term of the agreement. - Asked if the Council would review penalties assessed to ratepayers. - Discussed concerns with the lack of community representation at the SB 1383 organics recycling community meeting.

TED WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns with the City entering into a 20-year agreement and suggested the City renegotiate the agreement.
- Asked if the $2.82 rate would be locked in for 20 years.

MARCIA WEASMA, BARSTOW, CALIFORNIA
- Asked the City Council to renegotiate the agreement.

COUNCIL MEMBER SILVA
- Asked staff to explain the Option 2 rate increase.

GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Stated Option 1 would propose a rate increase of $8.02 with the agreement between Burrtec and the City ending on August 31, 2033.
- Stated Option 2 would propose an increase of $2.82 and allow the City to amortize program costs over a 3-year period. Option 2 would also result in a significant rate decrease while allowing the City to implement SB 1383 without delay. Option 2 would also extend the agreement between Burrtec and the City to August 31, 2043.
- Also confirmed both rates were subject to annual Consumer Price Index (CPI) increases.

MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 8:18 P.M.

Motion by COUNCIL MEMBER SILVA, seconded by MAYOR PRO TEM NOBLE, and unanimously carried to adopt Resolution No. 5093-2022 approving Option 2 for the 2nd Amended and Restated Franchise Agreement with Burrtec Waste Industries, Inc., related exhibits and rate schedule at the extended-term end date of August 31, 2043.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva

12. PUBLIC HEARING - CONSIDERATION OF NEBRINA BARSTOW LLC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 991-2022 approving Nebrina Barstow LLC’s application for a Commercial Cannabis Dispensary permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its April 25, 2022 meeting. The project is exempt from review under

9.a
Packet Pg. 35
Attachment: 06 20 2022 Minutes_FINAL (5081 : Minutes Joint Special Meeting June 20, 2022 7:00 P.M.) Minutes-June 20, 2022

Page 7 of 18 ends

the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk. - Provided an overview of Nebrina, LLC along with their proposed commercial cannabis dispensary.

COUNCIL MEMBER SILVA
- Asked what section of agreement protects the City against the operator opening prior to becoming the property owner.

CITY ATTORNEY MATTHEW SUMMERS
- Stated the Council could approve the development agreement contingent on the operator acquiring ownership of the property.

Discussion ensued regarding transfer of property ownership of the proposed facility.

MAYOR PRO TEM NOBLE
- Asked what contingency plan was in place in the event of a security camera failure.

BRANDON BANKS, CEO OF NEBRINA, LLC
- Stated a generator backed up the security camera system. - Also noted that operations would cease if cameras were not operating.

MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 8:19 P.M.

SPEAKERS

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Expressed concerns about not adopting limitations on signage. - Also asked why the second cannabis operator to receive Council approval (Shryne LLC) was not operating.

TED WEASMA, BARSTOW, CALIFORNIA
- Expressed opposition of commercial cannabis operations and concerns with patrons driving under the influence.

MARCIA WEASMA, BARSTOW, CALIFORNIA
- Expressed opposition of commercial cannabis operations.

BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated that staff and the City Attorney were working on a cannabis sign ordinance.

MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 8:58 P.M.

Motion by COUNCIL MEMBER SILVA, seconded by COUNCIL MEMBER DYER KRUSE, and unanimously approved to introduce Ordinance No. 991-2022 approving Nebrina Barstow LLC’s application for a Commercial Cannabis Dispensary permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements, based on the owner and operator being the same individual and a lease agreement being brought back for Council approval if the owner and operator become separate.

9.a
Packet Pg. 36
Attachment: 06 20 2022 Minutes_FINAL (5081 : Minutes Joint Special Meeting June 20, 2022 7:00 P.M.) Minutes-June 20, 2022

Page 8 of 18 ends

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva

13. PUBLIC HEARING - CONSIDERATION OF QUALITY LIFE INC. COMMERCIAL CANNABIS

APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 992-2022 approving Quality Life Inc.’s application for a Cannabis Cultivation, Distribution, Transportation, and Manufacturing permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its May 23, 2022 meeting.

The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk. - Stated the applicant was proposing a Community Benefit Program donation of $10,000 ($2 per square foot)
- Also noted that the Council needed to provide direction on the donation amount for Quality Life, Inc. and any future micro-business applicants.

CITY ATTORNEY MATTHEW SUMMERS
- Stated COUNCIL MEMBER DYER KRUSE was not required to recuse from voting on the proposed application and clarified there was not a conflict of interest.

COUNCIL MEMBER SILVA
- Requested that the agreement state "wholesale distribution" to clarify that there were no retail sales.
- Asked for a document stating that Chairman Hu was the authorized signer for American Quartz. - Asked about the termination language of the agreement (page 529 of the agenda packet) and how that related to records retention.
- Requested that Section 20 be amended to require Council approval for the assignment of the agreement.
- Stated that the last paragraph on Section 4 repeated on the next page. - Also requested that Section 20 be amended to require Council approval for any contract amendments.

CITY ATTORNEY MATTHEW SUMMERS
- Stated that Section 11D could include a reference to the records retention clause identified in Section 9 and all items would be corrected upon execution of the agreement.

BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Confirmed that staff could amend the agreement to state "wholesale distribution." Discussion ensued about the donation requirements for the Community Benefit Program and whether it should be a lump sum or based on square footage.

COUNCIL MEMBER ROSE
- Asked Michael Wilhoit, owner of Quality Life, Inc. if he had any silent partners, if CITY TREASURER MICHAEL LEWIS was counting money at his facility and if he had any meetings with MAYOR COURTNEY regarding Quality Life, Inc.

9.a
Packet Pg. 37
Attachment: 06 20 2022 Minutes_FINAL (5081 : Minutes Joint Special Meeting June 20, 2022 7:00 P.M.) Minutes-June 20, 2022

Page 9 of 18 ends

COUNCIL MEMBER SILVA
- Asked if stating in the motion that approval of the $10,000 donation amount was based on the applicant having multiple businesses.

CITY ATTORNEY MATTHEW SUMMERS
- Confirmed that approving a discount on the donation amount would not set a precedent, as each development agreement is a separate legislative action.

COUNCIL MEMBER ROSE
- Suggested charging the same fee to all applicants.

MAYOR COURTNEY OPENED THE PUBLIC HEARING A 9:36 P.M.

SPEAKERS

CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked for clarification on if the City or State would enforce water conservation mandates.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Suggested charging a substantial fee to all commercial cannabis operations. - Asked the Council to establish a limit on the number of cannabis businesses and manufacturers that can operate in the City.
- Stated that CITY TREASURER MICHAEL LEWIS was a consultant for Quality Life, Inc. and discussed conflict of interest concerns with him being COUNCIL MEMBER DYER KRUSE's employer.

TED WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns with water and electricity usage and suggested that funds for the Community Benefit Program go towards drug prevention programs.

MARCIA WEASMA, BARSTOW, CALIFORNIA
- Suggested that funds for the Community Benefit Program go towards drug prevention programs and public safety.

ROLAND ULLOA, DOS COSTAS COMMUNICATIONS
- Discussed concerns with CITY TREASURER MICHAEL LEWIS serving as a consultant for Quality Life, Inc.

COUNCIL MEMBER ROSE
- Asked CITY ATTORNEY MATTHEW SUMMERS if CITY TREASURER MICHAEL LEWIS confirmed that he was not a consultant for Quality Life, Inc. - Discussed concerns with the perception about of the City Treasurer being involved with commercial cannabis operations.

CITY ATTORNEY MATTHEW SUMMERS
- Stated that CITY TREASURER MICHAEL LEWIS does not have a contractual relationship with Quality Life, Inc and therefore no conflict of interest impeded to COUNCIL MEMBER DYER KRUSE.

MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 9:50 P.M.

Motion by COUNCIL MEMBER SILVA, seconded by MAYOR COURTNEY, and unanimously carried, to introduce Ordinance No. 992-2022 approving Quality Life Inc.’s application for a Cannabis Cultivation, Distribution, Transportation, and Manufacturing permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements and amending Section 11D to incorporate the records retention requirement outlined in Section 9 and

9.a
Packet Pg. 38
Attachment: 06 20 2022 Minutes_FINAL (5081 : Minutes Joint Special Meeting June 20, 2022 7:00 P.M.) Minutes-June 20, 2022

Page 10 of 18 ends

amending Section 20 to require Council approval for any contract amendments.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
RECESS:

MAYOR COURTNEY called for a recess at 10:02 P.M.

Meeting reconvened at 10:12 P.M. with all Council Members present.

14. CONSIDERATION OF APPROVAL OF THE FISCAL YEAR 2022-2023 PROPOSED

OPERATING AND CAPITAL IMPROVEMENT BUDGET
Recommended Action:

Staff recommends that the City Council and Barstow Fire Protection District Board take the following actions:

1. That City Council approve the Fiscal Year 2022-2023 Proposed Operating and Capital Improvement Budget for the City in the amount of $141,117,447 and adopt the attached Joint Resolution No. 03-2022, approving the Proposed Budget (Attachment 1) as submitted less adjustments as noted above, excluding the Barstow Fire Protection District Budget – Fund 225, and waive the full reading.

2. That the Fire Protection District Board approve and adopt a preliminary budget for the Barstow Fire Protection District in the amount $6,216,506 and adopt the attached Joint Resolution No. 03- 2022, approving and adopting the preliminary Budget as submitted (Attachment 1) less adjustments as noted above pursuant to Health & Safety Code Section 13893(a)(1) and waive full reading.

CITY ATTORNEY MATTHEW SUMMERS
- Stated that Items 14 - 17 would be considered in one public hearing as they are all related to the Fiscal Year 2022-2023 Budget.

INTERIM FINANCE DIRECTOR MARC PUCKETT
- Presented the proposed Operating and Capital Improvement Budget for Fiscal Year 2022-2023. - Stated the proposed budget was $144,117,447 across all funds, which was an increase of $84,962,594 from the prior fiscal year. Explained the increase was due to Capital Improvement Projects (CIP) including the local match for construction of the First Avenue Bridge. - Stated the total operating budget was $45,291,782, which was an increase of $42,929,959 from the prior fiscal year.
- Stated the total General Fund budget was $23,678,140, which was an increase of $4.6 million from the prior fiscal year.
- Provided an overview on the Barstow Fire Protection District (BFPD) budget and discussed budget and staffing increases since the passage of Measure Q.

COUNCIL MEMBER ROSE
- Discussed concerns with recruitment and retention of fire personnel and the importance of spending Measure Q funds based on what the community voted for.

MAYOR COURTNEY OPENED THE PUBLIC HEARING OPENED THE PUBLIC HEARING AT 10:34 P.M.

9.a
Packet Pg. 39
Attachment: 06 20 2022 Minutes_FINAL (5081 : Minutes Joint Special Meeting June 20, 2022 7:00 P.M.) Minutes-June 20, 2022

Page 11 of 18 ends

SPEAKERS

CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if the City received grant funding for the bridge.

MARCIA WEASMA, BARSTOW, CALIFORNIA
- Asked if the Police and Fire Department’s personnel costs were fully funded. - Asked if the Investment Policy addressed the investment of Measure Q funds.

TED WEASMA, BARSTOW, CALIFORNIA
- Asked why the BFPD budget comparison was only for Fiscal Years 2018-2019 and 2022-2023. - Also asked about legal fees, contingencies, if the Barstow Humane Society was funded, and street repairs.

LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Asked if the public should contact Public Works directly for any parks maintenance issues. - Also asked why the robotic ballfield line painter was not included. - Asked why the amounts for Measure Q (funds 102 and 103) differed and for clarification on the $529,028 "Transfers and Others" item.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if $3 million was still allocated from Measure Q for the First Street Bridge repairs. - Discussed concerns with hiring of additional staff.

JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Asked why the robotic ballfield line painter was not included in the budget. - Discussed concerns with how Measure Q funds were spent and with the development agreement with the Marriott.
- Also asked why the Treasurer's Report was no longer presented at Council meetings.

COUNCIL MEMBER ROSE
- Asked if the robotic ballfield line painter was included in the budget.

INTERIM FINANCE DIRECTOR MARC PUCKETT
- Stated the robotic ballfield line painter was not included in the budget because the responsible department did not request the item.

MAYOR COURTNEY CLOSED THE PUBLIC HEARING CLOSED THE PUBLIC HEARING AT 10:54 P.M.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva

15. APPROVAL OF ANNUAL 2022/2023 APPROPRIATIONS LIMIT
Recommended Action:

Staff recommends that the City Council take the following actions:

1. Approve the annual 2022/2023 appropriations limit, which is calculated using the change in County population and the change in Non-Residential Assessed Valuation, which are determined by the State of California, Department of Finance, and the San Bernardino County Assessor 2021/2022 secured tax roll, respectively.

2. Adopt Resolution No. 5094-2022, establishing the appropriations limit for FY 2022/2023, by title only and waive the reading.

9.a
Packet Pg. 40
Attachment: 06 20 2022 Minutes_FINAL (5081 : Minutes Joint Special Meeting June 20, 2022 7:00 P.M.) Minutes-June 20, 2022

Page 12 of 18 ends

INTERIM FINANCE DIRECTOR MARC PUCKETT
- Presented the staff report as filed with the City Clerk.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva

16. APPROVAL OF BARSTOW FIRE DISTRICT APPROPRIATIONS LIMIT FOR FY 2022/2023 Recommended Action:

Staff recommends that the Barstow Fire Protection District’s Board take the following actions:

1. Approve the annual 2022/2023 appropriations limit, which is calculated using the change in the population growth in the County and the change in the Non-Residential Assessed Valuation, which are determined by the State of California, Department of Finance, and the San Bernardino County Assessor 2021/2022 secured tax rolls, respectively.

2. Adopt BFPD Resolution No. 66-22, establishing the appropriations limit for Fiscal Year 2022/2023, by title only and waive the reading.

INTERIM FINANCE DIRECTOR MARC PUCKETT
- Presented the staff report as filed with the City Clerk.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva

17. FY 2022/2023 INVESTMENT POLICY FOR THE CITY OF BARSTOW Recommended Action:

Adopt the Investment Policy and Resolution No.5095 -2022 of the City of Barstow for FY 2022/2023.

INTERIM FINANCE DIRECTOR MARC PUCKETT
- Presented the staff report as filed with the City Clerk.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
MOTION TO SUSPEND THE RULES:

Motion by COUNCIL MEMBER SILVA, seconded by MAYOR PRO TEM NOBLE to suspend the rules and continue with the meeting past 11:00 PM
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva

9.a
Packet Pg. 41
Attachment: 06 20 2022 Minutes_FINAL (5081 : Minutes Joint Special Meeting June 20, 2022 7:00 P.M.) Minutes-June 20, 2022

Page 13 of 18 ends

18. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA, AMENDING AND ESTABLISHING SPECIFIED FEES FOR CITY SERVICES (FY 2022/2023) Recommended Action:

Staff recommends that City Council adopt the attached Resolution No. 5096-2022 amending and establishing the Master Fee Schedule for Fiscal Year 2022/2023, and waive the full reading.

INTERIM FINANCE DIRECTOR MARC PUCKETT
- Presented the staff report as filed with the City Clerk.

COUNCIL MEMBER SILVA
- Asked if the Rental Inspection Fee was included in the proposed fee schedule.

INTERIM FINANCE DIRECTOR MARC PUCKETT
- Stated the Rental Inspection Fee would be included in the fee schedule upon approval by the Council.

MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 10:58 P.M.

SPEAKERS

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if Prop 218 applied to the proposed fee schedule.

CITY ATTORNEY MATTHEW SUMMERS
- Stated that Prop.218 only applied to fees associated with property ownership.

MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 10:59 P.M.

RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
GENERAL, NON-AGENDA PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL

CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked what corrective action was the Council going to take since MAYOR COURTNEY has not paid the mileage reimbursement.
- Requested print copies of any presentations from staff, as they were difficult to see on screen. - Asked about the status of Federal and State Lobbyist contracts. - Asked the City to follow-up on the Barstow Veteran's Home proposed closure. - Discussed events and services provided by Barstow Community College and the recent Juneteenth celebration.

CRAIG HARRIS, BARSTOW, CALIFORNIA
- Discussed concerns with the City Council, lack of fire personnel, park conditions and the proposed use of Measure Q funds for bridge repairs.

9.a
Packet Pg. 42
Attachment: 06 20 2022 Minutes_FINAL (5081 : Minutes Joint Special Meeting June 20, 2022 7:00 P.M.) Minutes-June 20, 2022

Page 14 of 18 ends

BILLIE BRAUN, OWNER OF BILLIE'S KITCHEN
- Invited the community to attend their monthly Karaoke on the Patio event. - Discussed concerns with BFPD not offering competitive wages and retaining personnel. - Stated Measure Q funds needed to be used for what they were intended for.

ATREUS CHANDLER, REPRESENTATIVE FOR TEAMSTER LOCAL 1932 - Stated that the City needed to prioritize the members of Units 1 and 2 in the proposed budget in order to attract and retain staff, particularly Dispatch staff.

ROLAND ULLOA, DOS COSTAS COMMUNICATIONS
- Complimented CITY MANAGER WILLIE HOPKINS, JR. for providing communication on events and services.
- Suggested that the Council consider limiting their comments to five to six minutes. - Asked for an update on the Synagro Compost Waste Facility in Hinkley.

JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with the City holding other business owners accountable for complying with development standards, but not MAYOR COURTNEY's business. - Also discussed concerns with MAYOR COURTNEY not repaying the mileage reimbursement and referring to citizens who speak at public meetings as mentally ill.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that $3 million in Measure Q funds should not be allocated towards the First Street Bridge repairs.
- Discussed concerns with the June 6, 2022 meeting being rescheduled to June 2, 2022 for a budget study session.
- Stated that the June 14, 2022 budget public hearing should have been broadcast on Channel 6.

JIM BROWN, BARSTOW, CALIFORNIA
- Asked when the new voting districts went into effect. - Discussed concerns with the Marriott development agreement and the possible conflict of interest with CITY TREASURER MICHAEL LEWIS and COUNCIL MEMBER DYER KRUSE.

BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:

COUNCIL MEMBER ROSE
- Motioned, seconded by COUNCIL MEMBER SILVA to have the City Attorney bring back an item at the next Council meeting to discuss next steps since MAYOR COURTNEY has not repaid the mileage reimbursement.
- Stated the next Rules and Policy Committee meeting was June 28, 2022. - Congratulated PARKS AND RECREATION SUPERINTENDENT KYLE WOOLEY on his next career opportunity and thanked him for his service to the City. - Asked for an update on the street evaluation report done recently completed by a consultant. - Also asked staff to provide copies of any presentations at all Council meetings and to follow-up on the exposed electrical wires at Foglesong Park.

BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated the streets evaluation report would be presented at the July 6, 2022 Streets Committee meeting and a copy provided to every person in attendance.

MAYOR PRO TEM NOBLE
- Asked CITY MANAGER WILLIE HOPKINS, JR. to follow-up on the Barstow Veteran's Home issue. - Stated there were no updates from the June 20, 2022 Victor Valley Transit Authority meeting. Stated the next Military Affairs meeting was July 12, 2022.

9.a
Packet Pg. 43
Attachment: 06 20 2022 Minutes_FINAL (5081 : Minutes Joint Special Meeting June 20, 2022 7:00 P.M.) Minutes-June 20, 2022

Page 15 of 18 ends

CITY MANAGER WILLIE HOPKINS, JR.
- Stated that the Barstow Veteran's Home was under renovations and not closing.

COUNCIL MEMBER DYER KRUSE
- Stated that there were no committee updates and provided an update on the septic tank at Jasper Park and the restrooms at Lillian Park.

COUNCIL MEMBER SILVA
- Provided an update on the June 8, 2022 Homeward Bound Committee meeting which included a Desert Regional Steering Committee update, Point in Time Count update and discussion of Opioid Settlement funds.
- Discussed the June 27, 2022 Mojave Desert Air Quality Management District meeting. - Asked staff to follow-up on the issues at the Synagro Compost Waste Facility in Hinkley. - Stated that he attended the budget workshop and the SB 1383 community meeting.

MAYOR COURTNEY
- Discussed the June 14, 2022 Military Affairs Committee meeting. - Addressed concerns regarding the development agreement with the Marriott hotel. - Provided an update on the recent Juneteenth event.
- Also noted that his mileage reimbursement was for City business and approved.

STAFF REPORTS:

NONE
POLICE CHIEF COMMENTS:

POLICE CHIEF ANDREW ESPINOZA, JR.
- Discussed the Legal Firework Safety Plan running from June 17, 2022 to July 16, 2022. - Thanked all who attended the swearing-in ceremony for Jacob Gatti who graduated top of class at the academy.

FIRE CHIEF COMMENTS:

ACTING FIRE CHIEF NICK DINAPOLI
- Discussed coordinated effort with the Police Department for the July 4th Fireworks Spectacular event and the Safe and Sane Fireworks program.
- Discussed recent near drowning incidents and discussed pool safety measures. - Provided an update on the efforts to combat the fire at the Synagro Compost Waste Facility in Hinkley.

CITY MANAGER / DISTRICT MANAGER COMMENTS:

CITY MANAGER WILLIE HOPKINS, JR.
- Clarified that he did not state at prior meetings that the City should spend $3 million on aesthetics for the First Street Bridge.
- Also, stated that department heads were responsible for recruiting staff and were actively recruiting for vacant positions.

9.a
Packet Pg. 44
Attachment: 06 20 2022 Minutes_FINAL (5081 : Minutes Joint Special Meeting June 20, 2022 7:00 P.M.) Minutes-June 20, 2022

Page 16 of 18 ends

BUSINESS / ACTION ITEMS:

CITY COUNCIL:

19. INSTALLATION SUPPORT SERVICES - PROFESSIONAL SERVICES CONTRACT Recommended Action:

Staff recommends that the City Council:

1. Approve the scope and fee with High Desert Support Services, LLC, laid out in the bid documents for the bid amount of $2,756,909.57 (Over ten years) for the Installation Support Services.

2. Authorize the City Manager or designee the authority to sign the agreements between Fort Irwin and the City of Barstow and High Desert Support Services, LLC and the City of Barstow.

GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Presented the staff report as filed with the City Clerk.

SPEAKERS

CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked for clarification that the billing would remain in-house.

GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Clarified the billing associated with the IGSAs was processed in-house.

RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva

20. 1ST READING AND INTRODUCTION OF ORDINANCE 993-2022 AMENDING CHAPTER 5.91, TITLE 5 OF THE BARSTOW MUNICIPAL CODE ENTITLED "ANNUAL RENTAL PROPERTY INSPECTION REQUIREMENTS"
Recommended Action:

1. Approve the 1st Reading of Ordinance No. 993-2022 Amending Chapter 5.91, Title 5 of the Barstow Municipal Code Entitled Annual Rental Property Inspection Requirements;

2. Direct the City Clerk to bring the ordinance back to the City Council for the 2nd Reading and Adoption at the next regularly scheduled meeting.

3. Direct the City Clerk to publish a summary of this ordinance pursuant to G.C. 54963.

4. Determine the adoption of this Ordinance is exempt from review under the California Environmental Quality Act under CEQA Guidelines section 15301.

BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk. - Stated that staff reviewed the current Rental Inspection Ordinance, conducted a community Town Hall and modifications were included in the proposed amended ordinance. - Noted one of the most significant modifications specified that interior inspections could not be conducted without the property owner’s permission or court order.

COUNCIL MEMBER SILVA
- Asked why single-family residences were not separated from multi-family residences. - Asked that Sections 5.91.020 be amended to add "Tenant" as it reads on Section 5.91.050.

9.a
Packet Pg. 45
Attachment: 06 20 2022 Minutes_FINAL (5081 : Minutes Joint Special Meeting June 20, 2022 7:00 P.M.) Minutes-June 20, 2022

Page 17 of 18 ends

BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated the ordinance was effective January 1, 2023 in order to prepare staff for the large volume of multi-family inspections.
- Noted inspections of single-family residences would occur within six months to one year.

SPEAKERS

IRA GWINN, BARSTOW, CALIFORNIA
- Expressed disappointment with the amended ordinance and with the City not organizing a committee meeting with City staff, landlords and tenants.

TED WEASMA, BARSTOW, CALIFORNIA
- Stated that the agenda item should have been discussed earlier during the meeting. - Discussed concerns with the amended ordinance.

MARCIA WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns with the amended ordinance.

COUNCIL MEMBER ROSE
- Stated that the public had multiple opportunities to provide input on the Rental Inspection Ordinance at multiple Rules and Policy meetings along with the recent Town Hall meeting.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva

21. AMENDMENT TO THE CITY COUNCIL RULES FOR THE CONDUCT OF ITS MEETING PROCEEDINGS AND BUSINESS AND REPEALING RESOLUTION 4647-2011 Recommended Action:

Adopt Resolution No. _____-2022 and waive the full reading.

CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk. - Stated that the amended resolution proposes to move General, Non-Agenda Public Comments to the end of the meeting in order to allow the Council to conduct business.

COUNCIL MEMBER SILVA
- Suggested moving Business of the Council/Council Comments after General, Non-Agenda Public Comments in order to allow the Council to respond to any public comments.

CITY MANAGER WILLIE HOPKINS, JR.
- Stated that the last sentence of Section III, G, stating "all persons addressing the City Council shall state their name and address" be struck as it was a Brown Act violation.

COUNCIL MEMBER ROSE
- Requested that the Invocation be conducted before calling the meeting to order to allow for separation of church and state.
- Also requested that Closed Session and Report of Closed Session be included in the resolution. - Concurred with COUNCIL MEMBER SILVA on moving Business of the Council/Council Comments after General, Non-Agenda Public Comments in order to allow the Council to respond to any public comments.
- Stated that the Mayor should ask for clarification on why the point of order was called from the Council Member requesting it before allowing the speaker to continue. - Discussed Rosenberg's Rules of Order and stated there was a process on chairing meetings.

9.a
Packet Pg. 46
Attachment: 06 20 2022 Minutes_FINAL (5081 : Minutes Joint Special Meeting June 20, 2022 7:00 P.M.) Minutes-June 20, 2022

Page 18 of 18 ends

- Suggested that the Rules and Policy Committee review proposed resolution in order to ensure that the person chairing the meeting was informed, fair and courteous.

SPEAKERS

CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that General, Non-Agenda Public Comments should not be at the end of the meeting and should be before Business of the Council/Council Comments in order to allow the Council to respond to any public comments.

MARCIA WEESMA, BARSTOW, CALIFORNIA
- Concurred with Ms. Hernandez's comments.

TED WEESMA, BARSTOW, CALIFORNIA
- Stated that General, Non-Agenda Public Comments should not be at the end of the meeting.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that General, Non-Agenda Public Comments should not be at the end of the meeting and should be before Business of the Council/Council Comments in order to allow the Council to respond to any public comments.

JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY.

Motion by COUNCIL MEMBER SILVA, seconded by COUNCIL MEMBER ROSE, and unanimously carried, to table to the item and bring to the Rules and Policy Committee for review.

RESULT: REFERRED [UNANIMOUS] Next: 7/26/2022 9:00 AM
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
ADJOURNMENT:

By the consensus of the City Council and without objection, the joint special meeting was adjourned at 12:49 A.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

9.a
Packet Pg. 47
Attachment: 06 20 2022 Minutes_FINAL (5081 : Minutes Joint Special Meeting June 20, 2022 7:00 P.M.) Joint Special Council/BFPD
07/18/22 06:00 PM
City Clerk / Records
Christina Rudsell
Report
Doc ID: 5074

AGENDA ITEM
AGENDA MATTER:

CHANGE OF OFFICERS FOR YEAR 2022
EXECUTIVE SUMMARY:

Approve the 2022 change in officers for the Barstow Public Facilities Corporation, and accept the 'Statement of Information' (Form 100) and the 'Statement of Facts' (Form 405) reflecting updated information. The statements have been filed with the California Secretary of State.

DISCUSSION:

Subject to Section 5.01 of the Barstow Public Facilities Corporation's Bylaws (Number and Quantifications), the officers of the Corporation shall be a President, Vice President, Secretary, and Chief Financial Officer and such subordinate officers, including one or more assistant secretaries and assistant financial officers, as the Board of Directors may appoint. Only directors shall be qualified to hold the office of President or Vice President. Neither the Secretary nor the Chief Financial Officer may serve concurrently as the President.

Updates for 2022 include designating City Manager Willie Hopkins, Jr. as the Designated Agent. As the City has not filled the Assistant City Manager or Finance Director vacancies, Administrative Services Manager Heidy Riley will continue to serve as the Assistant Financial Officer.

Therefore, the Board of Directors will be as follows:

OFFICERS:

PRESIDENT Paul Anthony Courtney (Mayor)
VICE-PRESIDENT James Noble (Mayor Pro Tem)
SECRETARY Andrea Flores (City Clerk)
CHIEF FINANCIAL OFFICER Michael J. Lewis (City Treasurer) ASSISTANT FINANCIAL OFFICER Heidy Riley (Admin Services Manager) BOARD MEMBERS:

COUNCIL MEMBER Barbara Rose
COUNCIL MEMBER Timothy R. Silva
COUNCIL MEMBER Marilyn Dyer-Kruse
Note: Historically, the offices have been held by the Titles of Officials.

The 'Statement of Facts - Roster of Public Agencies' (Form 405) for the Barstow Public Facilities Corporation has been updated reflecting the change in officers/board members and the 'Statement of 10 Packet Pg. 48
Joint Special Council/BFPD
07/18/22 06:00 PM
City Clerk / Records
Christina Rudsell
Report
Doc ID: 5074

AGENDA ITEM
Information' (Form 100) has been updated reflecting Willie Hopkins, Jr. as the Agent for Service of Process for the Corporation.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Approve the 2022 change of officers for the Barstow Public Facilities Corporation and accept the 'Statement of Information' (Form 100) and the 'Statement of Facts' (Form 405). 10 Packet Pg. 49
BA20220501314
Entity Details
Corporation Name BARSTOW PUBLIC FACILITIES CORPORATION
Entity No. 1649087
Formed In CALIFORNIA
Street Address of California Principal Office of Corporation Street Address of California Office 220 EAST MOUNTAIN VIEW STREET

SUITE A
BARSTOW, CA 92311
Mailing Address of Corporation
Mailing Address 220 EAST MOUNTAIN VIEW STREET, SUITE A
BARSTOW, CA 92311
Attention
Officers
Officer Name Officer Address Position(s)
− JAMES HART 220 EAST MOUNTAIN VIEW STREET, SUITE A
BARSTOW, CA 92311
Chief Executive Officer
Andrea Flores 220 East Mountain View Street, Suite A
Barstow, CA 92311
Secretary
Michael Lewis 220 East Mountain View Street, Suite A
Barstow, CA 92311
Chief Financial Officer
+ Willie Hopkins Jr. 220 EAST MOUNTAIN VIEW STREET, SUITE A BARSTOW, CA 92311
Chief Executive Officer
Additional Officers
Officer Name Officer Address Position Stated Position
None Entered
Agent for Service of Process
Agent Name CHRISTINA RUDSELL
Agent Address 220 EAST MOUNTAIN VIEW STREET, SUITE A
BARSTOW, CA 92311
Email Notifications
Opt-in Email Notifications Yes, I opt-in to receive entity notifications via email.

Electronic Signature
By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign.

Christina Rudsell
Signature
07/11/2022
Date

STATE OF CALIFORNIA
Office of the Secretary of State

STATEMENT OF INFORMATION

CA NONPROFIT CORPORATION
California Secretary of State
1500 11th Street
Sacramento, California 95814
(916) 653-3516
B0899-6819 07/11/2022 3:48 PM Received by California Secretary of State

Page 1 of 1 ends

For Office Use Only
-FILEDFile No.: BA20220501314
Date Filed: 7/11/2022

10.a
Packet Pg. 50
Attachment: Amended SI-100 Barstow Public Facilities Corporation 07 11 2022 (5074 : Change of Officers for Year 2022) The most up to date records may be obtained by searching for the Entity Name or Entity Number in the Search module at bizfileOnline.sos.ca.gov.

The above referenced document has been approved and filed with the California Secretary of State. To access free copies of filed documents, go to bizfileOnline.sos.ca.gov and enter the entity name or entity number in the Search module.

What's Next?
For further assistance, contact us at (916) 657-5448 or visit bizfileOnline.sos.ca.gov. 07/11/2022
1649087
BA20220501314
Nonprofit Corporation - CA - Public Benefit
Entity Name:

Entity Type:

Entity No.:

Document Type:

Document No.:

File Date:

BARSTOW PUBLIC FACILITIES CORPORATION
Statement of Information
Thank you for using bizfile California, the California Secretary of State's business portal for online filings, searches, business records, and additional resources.

Business Amendment Filing Approved
July 11, 2022
California Secretary of State
Business Programs Division
1500 11th Street, Sacramento, CA 95814
BARSTOW, CA 92311
220 EAST MOUNTAIN VIEW STREET, SUITE A

BARSTOW PUBLIC FACILITIES CORPORATION

10.a
Packet Pg. 51
Attachment: Amended SI-100 Barstow Public Facilities Corporation 07 11 2022 (5074 : Change of Officers for Year 2022)

10.b
Packet Pg. 52
Attachment: Form 405 Barstow Public Facilities Corporation_signed (5074 : Change of Officers for Year 2022) Joint Special Council/BFPD
07/18/22 06:00 PM
Finance
Marc Puckett
Other
Doc ID: 5082

AGENDA ITEM
AGENDA MATTER:

ANNUAL MEETING OF THE BARSTOW PUBLIC FACILITIES CORPORATION AND REVIEW OF THE FISCAL YEAR 2021 PUBLIC FACILITIES CORPORATION FINANCIAL STATEMENT EXECUTIVE SUMMARY:

The Barstow Public Facilities Corporation (BPFC) was incorporated on September 20, 1989. The purpose of the Corporation is to assist the City in the financing of public improvements. Per the by-laws and resolutions of the Corporation that were subsequently enacted, the Board must meet at least annually on the third Monday of July each year. The Corporation has no assets, no liabilities, and no activities to report for the fiscal year ending June 30, 2021.

DISCUSSION:

The Barstow Public Facilities Corporation (BPFC) was incorporated on September 20, 1989. The purpose of the Corporation is to assist the City in the financing of public improvements. This type of nonprofit corporation is required by the Federal Internal Revenue Code in order to issue a public financing instrument called a Certificate of Participation (COP). A COP is a type of public financing instrument for public facilities or equipment typically used by local governments in California. It is essentially a type of lease purchase that requires a third party for the lease transaction. The Corporation assigns all of the rights, obligations and financial transactions to others, such as the Trustee for the COP.

Per the by-laws and resolutions of the Corporation that were subsequently enacted, the Board must meet at least annually on the third Monday of July each year.

The Barstow Public Facilities Corporation (BPFC) has not had any financial activity during the past year.

The Corporation has no assets, no liabilities, and no activities to report for the fiscal year ending June 30, 2021.

FISCAL IMPACT:

There is no fiscal impact to this agenda item.

RECOMMENDED ACTION:

Staff recommends that,

1. The Board of the Barstow Public Facilities Corporation hold its annual meeting as required by prior Board action, and

2. Review and accept the Barstow Public Facilities Corporation Financial Statement for the Fiscal Year ending June 30, 2021 for filing.
11 Packet Pg. 53
Revenue $0.00
Expense
Cost, bond, interest & other Fiscal Charges $0.00
Excess of revenue over/(under) expense $0.00
Assets
Cash & Treasury Notes, with Fiscal Agent $0.00
Unamortized C.O.P. Refinance & New Issue $0.00
Total Assets $0.00
Liabilities
Revenue bonds payable, C.O.P. 2004 Issue $0.00
Interest Payable $0.00
$0.00
Excess of liabilities over/(under) fund equity $0.00
Barstow Public Facilities Corporation
Income Statement for the Fiscal Year Ended June 30, 2021 Balance Sheet / June 30, 2021

11.a
Packet Pg. 54
Attachment: BPFC FY 2021 Financial Statement (5082 : Annual Mtg and Financial Statement 2021 - Public Facilities Corporation)

11.b
Packet Pg. 55
Attachment: Public Fac Corp Articles of Incorporation (5082 : Annual Mtg and Financial Statement 2021 - Public Facilities Corporation)

11.b
Packet Pg. 56
Attachment: Public Fac Corp Articles of Incorporation (5082 : Annual Mtg and Financial Statement 2021 - Public Facilities Corporation)

11.b
Packet Pg. 57
Attachment: Public Fac Corp Articles of Incorporation (5082 : Annual Mtg and Financial Statement 2021 - Public Facilities Corporation)

11.b
Packet Pg. 58
Attachment: Public Fac Corp Articles of Incorporation (5082 : Annual Mtg and Financial Statement 2021 - Public Facilities Corporation)

11.b
Packet Pg. 59
Attachment: Public Fac Corp Articles of Incorporation (5082 : Annual Mtg and Financial Statement 2021 - Public Facilities Corporation)

11.c
Packet Pg. 60
Attachment: Public Fac Corp Bylaws (002) (5082 : Annual Mtg and Financial Statement 2021 - Public Facilities Corporation)

11.c
Packet Pg. 61
Attachment: Public Fac Corp Bylaws (002) (5082 : Annual Mtg and Financial Statement 2021 - Public Facilities Corporation)

11.c
Packet Pg. 62
Attachment: Public Fac Corp Bylaws (002) (5082 : Annual Mtg and Financial Statement 2021 - Public Facilities Corporation)

11.c
Packet Pg. 63
Attachment: Public Fac Corp Bylaws (002) (5082 : Annual Mtg and Financial Statement 2021 - Public Facilities Corporation)

11.c
Packet Pg. 64
Attachment: Public Fac Corp Bylaws (002) (5082 : Annual Mtg and Financial Statement 2021 - Public Facilities Corporation)

11.c
Packet Pg. 65
Attachment: Public Fac Corp Bylaws (002) (5082 : Annual Mtg and Financial Statement 2021 - Public Facilities Corporation)

11.c
Packet Pg. 66
Attachment: Public Fac Corp Bylaws (002) (5082 : Annual Mtg and Financial Statement 2021 - Public Facilities Corporation)

11.c
Packet Pg. 67
Attachment: Public Fac Corp Bylaws (002) (5082 : Annual Mtg and Financial Statement 2021 - Public Facilities Corporation) Joint Special Council/BFPD
07/18/22 06:00:PM
Finance
Marc Puckett
Budget
Doc ID: 5078

FIRE AGENDA ITEM
AGENDA MATTER:

SECOND ADOPTION OF THE BARSTOW FIRE PROTECTION DISTRICT'S FINAL ANNUAL BUDGET FOR FY 2022-23 PURSUANT TO HEALTH AND SAFETY CODE SUBSECTION 13893 EXECUTIVE SUMMARY:

Adoption of this resolution fulfills the ministerial requirement to adopt the Fire District budget twice. Per relevant State law (HS 13893), the District Board must first adopt a Preliminary Budget and then adopt a Final Budget at a subsequent meeting for the ensuing Fiscal Year. Attached is the adopted preliminary Annual Budget for Fiscal Year 2022-23 for the Barstow Fire Protection District which the Board previously adopted at its meeting on June 20. The required public notice pursuant to the statute has been published and completed more than two weeks prior to the date of the meeting. The proposed resolution adopting the final Annual Budget is attached and recommended for adoption by the District's Board.

DISCUSSION:

The proposed final annual budget for the Barstow Fire Protection District for FY 2022-23 is presented for the Fire Board’s review and recommended adoption. The proposed Preliminary Budget was presented at the Budget Workshop on June 2, 2022 and the adoption of the Preliminary Budget by the District's Board occurred on June 20, 2022.

The FY 2022-23 Preliminary annual budget for the Barstow Fire Protection District projects revenues of $6,575,950 and estimated operating expenditures of $6,216,506. Including the $1,500,000 transfer in from the Measure Q funding sources, the Fire District’s budget is balanced for fiscal year 2022-23. This transfer amount does not include the additional $4,535,119 in funding approved by City Council for use for Fire services in Measure Q sub-fund 103 for FY 2022-23. The beginning Fire Protection District fund deficit of $(5,117,490) will be reduced by $359,444 to $(4,758,046) during the fiscal year based upon the approved Preliminary annual budget.

In total, 60.7% of annual Measure Q funding sources are provided to the District for the 2022-23 fiscal year. This percentage does not include an additional $500,000 provided to the District from Measure Q funding sources for reduction of the District's accumulated fund deficit. Also, another $738,187 in Measure Q funding sources are used for the lease revenue bonds issued to refinance and lower the cost of the SBCERA debt. Recall that this financing was initiated to lower the annual $832,000 cost of the debt entered into with SBCERA to transfer the District's firefighters from the Other Safety cost group into the County Safety cost group. This debt service funding is included in the Measure Q sub-fund budget.

The transfer of the funding for the annual payment to the Measure Q sub-fund allows the District to partially address the "going concern" disclosure in the District's financial statements and begin the 12 Packet Pg. 68
Joint Special Council/BFPD
07/18/22 06:00:PM
Finance
Marc Puckett
Budget
Doc ID: 5078

FIRE AGENDA ITEM
process of stabilizing its finances. Additionally, to assist in balancing the Fire District's budget, all regular overtime is again proposed to be paid out of the Measure Q sub-fund. The annual debt service payments to SBCERA, regular overtime for the Fire District and 9 of the 28 safety personnel are again appropriated in the Measure Q sub-fund as was adopted within the biennial budget covering Fiscal Years 2020-22.

FISCAL IMPACT:

The FY 2022-23 Preliminary Fire Protection District budget including projected revenues of $6,575,950 and appropriations of $6,216,506 were adopted by the Board at its June 20 Board meeting. Relevant details for the recommended adoption of the Final annual budget for fiscal year 2022-23 are contained within the discussion portion of this staff report. The retained fund deficit at the end of the 2022-2023 fiscal year is estimated to be $(4,758,046).

RECOMMENDED ACTION:

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BARSTOW FIRE

PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE FINAL ANNUAL BUDGET FOR FISCAL YEAR 2022-23 WHEREAS, the Board of Directors of the Barstow Fire Protection District has reviewed the budget as prepared and submitted by the District Administrator of Barstow Fire Protection District; and A. The final annual budget for the Barstow Fire Protection District for Fiscal Year 2022-23, as prepared and submitted by the District Administrator, and as modified by the Board, is hereby approved and adopted. The operating and any capital appropriations are hereby authorized for the fiscal year as listed within the attached adopted preliminary budget.

B. From the effective date of said budget, the total amount as stated therein shall be appropriated subject to expenditure pursuant to all applicable administrative codes of the district and statutes of the State. The budgeted appropriations may be reallocated by the District Administrator provided there is no change in the total appropriation as authorized by the Board.

C. At the close of the fiscal year, unexpended appropriations in the operating budget will be unencumbered. Unexpended appropriations for authorized, but uncompleted capital projects and outlays as approved by the Board may be carried forward to the next succeeding budget upon approval by the District Administrator and Board.

D. Total appropriations within the fund will be increased only by amendment of the budget by motion of the Board.

E. The District Administrator may reduce expenditure appropriations or revenue estimates as a method of fiscal control to reflect economic change within the fiscal period.

F. The District Administrator is hereby authorized to approve any corrections in the budget document that are clerical in nature.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Barstow Fire Protection District, County of San Bernardino, California, does hereby adopt the Final Annual Budget for the Fiscal Year 2022-23 as presented herewith.

12.a
Packet Pg. 70
Attachment: BFPD - Reso Adopting Final Annual Budget (5078 : Adoption of Fire District Annual Budget FY 2022-23) PASSED, APPROVED and ADOPTED on this 18th day of July, 2022.

Paul Anthony Courtney, Dr. B.A.

BFPD Chairman Barstow, California
ATTEST:

Andrea Flores, Board Secretary
Barstow, California
I, Andrea Flores, Secretary of the Barstow Fire Protection District, and Clerk of the Board of Directors of said District, DO HEREBY CERTIFY under penalty of perjury that the foregoing is a true and correct copy of Resolution No. _____-2022 of said BFPD which was adopted at a regular meeting held on the 18th day of July, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Andrea Flores
BFPD Board Secretary

12.a
Packet Pg. 71
Attachment: BFPD - Reso Adopting Final Annual Budget (5078 : Adoption of Fire District Annual Budget FY 2022-23) Barstow Fire Protection District (BFPD)
TOTAL BUDGET - $6,216,506
Actual Actual Amended Estimated % of Proposed
Code Revenue Classification Revenue Revenue Budget Revenue Budget Budget 2019-20 2020-21 2021-22 2021-22 Received 2022-23
BEGINNING FUND BALANCE (6,571,177) (6,371,923) (5,049,329) (5,049,329) (5,117,490) 112 Property Tax Allocation 3,495,926 3,694,717 3,672,000 2,388,884 65% 3,724,950 113 Homeowner's Property Tax Relief 29,425 27,548 31,400 13,364 43% 30,000 114 RDA Residual Tax Payment 1,067,436 1,210,107 1,185,000 876,596 74% 1,210,000 295 Annual License Permits 30,000 - - - 0% -
296 Impact Fees 2,209 80,912 1,082 1,081 100% 1,000
410 Investment Earnings - 1,143 - - 0%
632 Cell Tower Lease 32,833 469,709 5,632 7,901 140% 8,000 634 Training Facility Fire 28,900 1,800 - - 0% -
910 Sale of Equipment - - - 1,105 0% -
912 Strike Team Reimbursement 71,806 202,007 100,000 85,926 86% 100,000 917 FY15 Homeland Security Grant 8,651 - - - 0% -
918 SAFER Federal Grant-2 311,032 - - - 0% -
920 HSGP - Hazmat Grant - 14,137 - - 0% -
921 HSGP - EOC Grant 14,697 - - - 0% -
927 WC Insurance Reimbursement - - 131,329 131,329 100% - 929 Incident Report 301 1,226 2,905 2,950 102% 2,000
995 Transfers In - Measure Q (Fire Loan) 375,000 500,000 500,000 500,000 100% 500,000 103 Transfer In - Measure Q - - - - 0% 1,000,000
Total Revenue 5,468,216 6,203,306 5,629,348 4,009,135 71.2% 6,575,950 Actual Actual Amended Estimated % of Proposed
Code Expenditure Classification Expense Expense Budget Expense Budget Budget 2019-20 2020-21 2021-22 2021-22 Expended 2022-23
225.225 - BFPD
101 Salaries - Regular 1,817,410 1,685,705 1,963,346 1,462,099 74% 1,931,040 103 Overtime 634,055 474,052 - 22,227 0% -
108 Salaries - Casual 41,403 78,488 60,000 53,933 90% - 109 Insurance Offset 212,162 189,429 231,000 164,252 71% 231,000 119 OT - State of Emergency COVID-19 - 8,744 20,000 14,892 74% - 200 Benefits - Health (793) 575 - - 0% -
201 Benefits - Retirement 810,470 816,654 951,725 755,100 79% 1,022,390 202 Benefits - Life Insurance 7,909 5,667 6,550 4,685 72% 6,906 204 Benefits - Unemployment 1,716 - 5,000 - 0% -
205 Benefits - Workers' Compensation 129,922 59,784 65,698 64,618 98% 69,375 206 Benefits - Deferred Compensation 1,637 1,770 1,650 1,361 82% 1,788 207 Uniform Allowance 17,331 15,750 17,100 9,188 54% 18,000 208 Benefits - Medicare 44,547 39,235 40,000 28,303 71% 32,639 210 Benefits - Workers Comp Claims 123,116 111,489 400,000 269,276 67% 400,000 211 Benefits - PARS 145 2 200 1 1% -
213 Bilingual Services 1,020 240 1,500 540 36% 720
BFPD - 225

CITY OF BARSTOW
The Barstow Fire Protection District (BFPD) became a component unit of the City on November 17, 2010. Prior to this date, the District was an independent district. The District will continue to be operated according to the applicable state fire protection district laws and the property taxes collected within the district will be used exclusively for the administration and operational costs of the district. The City Council acts as the District's governing board and exerts significant influence over its operations. Separate financial statements are produced for the District.

FY 2022-2023

12.b
Packet Pg. 72
Attachment: BFPD FY23 Final Annual budget (5078 : Adoption of Fire District Annual Budget FY 2022-23) 214 Benefits - Sate Disability Insurance 22,280 21,200 24,850 18,356 74% 22,718 215 Sick Leave Pay Out 18,156 - 21,498 21,498 100% -
216 Vacation/Annual Leave Pay Out 55,901 23,144 38,987 40,371 104% - 220 Retiree Health - PEMCHA - - 460 - 0% -
222 Retiree Health Compensation 15,600 27,616 29,944 26,468 88% 34,000 300 Educational Reimbursement 1,621 1,000 2,000 603 30% 2,000 301 Travel/Training Expenses 14,424 5,096 7,772 8,295 107% 7,772 305 Dues/Subs/Memberships 3,884 3,627 5,000 3,849 77% 4,000 401 Communications 69,734 56,166 72,000 45,114 63% 72,000 501 Office Supplies 6,654 5,045 7,600 6,082 80% 7,600
519 COVID-19 Supplies - 984 1,000 100 10% -
523 EMS/Medical Supplies 40,801 56,214 26,400 27,943 106% 26,400 524 Fire Equipment 14,690 20,029 12,445 11,714 94% 12,445 525 Technical Supplies 20,594 25,458 23,055 28,192 122% 20,000 601 Vehicle Fuel Cost 47,520 36,102 47,828 33,611 70% 47,828 608 Vehicle Maintenance Cost 81,205 41,985 75,000 35,338 47% 75,000 612 Repairs/Maintenance 22,930 18,310 30,000 11,868 40% 30,000 626 Professional Services Legal 42,487 36,996 100,000 77,798 78% 80,000 628 Audit Expense 13,113 17,151 50,000 17,151 34% 20,000 630 Fees/Services 38,219 41,575 36,000 21,485 60% 36,000 631 Meeting Stipend 5,550 6,375 5,000 4,400 88% 5,000
632 Personnel Recruitment - Fire 7,158 2,908 3,500 2,163 62% 3,500 633 Incident Support - - 500 - 0% -
634 COVID-19 Services - 5,637 - - 0% -
635 Fire Prevention 4,368 - 3,500 - 0% 2,500
636 Other Strike Team Costs 2,152 925 - - 0% -
637 Shared Dispatch Costs 205,000 205,000 205,000 170,833 83% 205,000 644 IT Cost Allocation 21,114 11,085 18,722 12,921 69% 22,467 645 Safety Equipment 31,053 34,894 27,743 5,598 20% 27,743 701 Principal-GF Loan repayment - - - - 0% 500,000
702 Interest-GF Loan Repayment - - - - 0% -
705 Insurance Claims 5,394 - 2,500 - 0% 2,500
717 Interest Expense 22,892 10,998 - - 0% -
720 Insurance - Property 10,626 13,733 24,298 24,298 100% 30,786 724 Insurance - Liability 54,864 75,317 91,423 91,194 100% 137,054 725 Insurance- EPL - - - - 0% -
727 Insurance - Auto - - - - 0% -
731 Capital Lease - PNC Equipment - - - - 0% -
733 Capital Lease - Enterprise Prog. 15,441 15,562 16,000 723 5% 867 750 Equipment Grant - - - - 0% -
905 Cost Allocation 400,000 400,000 400,000 333,333 83% 884,000

14.460 Electricity 54,092 64,720 62,000 59,106 95% 70,000

24.460 Natural Gas - 861 Barstow Rd. 4,074 3,767 4,000 4,616 115% 6,000

24.461 Natural Gas - 2600 W Main St. 2,084 2,237 2,000 2,229 111% 4,000

34.460 Water 22,338 15,849 15,000 14,793 99% 18,000
809 HSGP - EOC Grant 14,697 - - - 0% -
811 HSGP - Hazmat Grant 14,201 (64) - - 0% -
225.229 - Fire Administration
101 Salaries - Regular - 60,759 58,592 45,309 77% 59,770 109 Insurance Offset - 12,040 12,000 8,855 74% 12,000
201 Benefits - Retirement - 8,772 8,317 6,480 78% 8,555 202 Benefits - Life Insurance - 300 600 210 35% 294
205 Benefits - Workers' Compensation - 1,819 1,941 1,909 98% 2,396 207 Uniform Allowance - 756 756 756 100% 756
208 Benefits - Medicare - 1,336 870 698 80% 965
214 Benefits - Sate Disability Insurance - 703 600 560 93% 732 Total Expenditures 5,268,962 4,880,712 5,340,470 4,077,296 76.3% 6,216,506 ENDING FUND BALANCE (6,371,923) (5,049,329) (4,760,451) (5,117,490) 107.5% (4,758,046)

12.b
Packet Pg. 73
Attachment: BFPD FY23 Final Annual budget (5078 : Adoption of Fire District Annual Budget FY 2022-23) Joint Special Council/BFPD
07/18/22 06:00 PM
Environmental Services
Jessica Reed
Resolution
Doc ID: 5063

COUNCIL RESOLUTION
AGENDA MATTER:

RESOLUTION DESIGNATING THE CITY AS THE ENFORCEMENT AGENCY FOR SINGLE-USE

FOODWARE REGULATIONS
EXECUTIVE SUMMARY:

The City Council is being asked to consider the adoption of a resolution authorizing the City to enforce Assembly Bill 1276, which is a state regulation requiring a significant reduction in single-use plastics provided by food facilities.

DISCUSSION:

On November 18, 2021, the California Legislature enacted Assembly Bill (AB) 1276, which prohibits a food facility, for on-premises dining or when using a third-party food delivery platform, from providing any single-use foodware accessory or standard condiment packaged for single use to a consumer unless requested by the consumer. The bill, which went into effect on January 1, 2022, defines a "single-use foodware accessory" as utensils, chopsticks, condiment cups and packets, straws, and stirrers that are used once and then discarded.

AB 1276 also prohibits single-use foodware accessories from being bundled or packaged in a way that prohibits the customer from taking only the item they want. AB 1276 does not apply to health care facilities, residential care facilities, and public and private school cafeterias. A food facility may ask a drive-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.

On May 31, 2022, the City received a Memorandum from the City Attorney's Office providing notification about the requirement for cities to designate an enforcement agency to enforce these requirements on behalf of the state before June 1, 2022. Given the time constraints, the earliest staff could get this item on the agenda for Council consideration was July 18, 2022.

After some discussion among city staff, it was determined that the City would be able to take on enforcement duties and such duties would be assigned to the Community Development Department.

Annual reviews are already being conducted by Community Development staff on these types of businesses, so we would simply incorporate the requirement into the business license/fire permit process, adding a notice on the application and renewal forms so business owners and operators are made aware of the regulations and requiring they provide signed acknowledgement that their operation may be subject to enforcement action if not in compliance.

This approach makes the most sense as it meets the regulations by utilizing a mechanism already in place. This resolution does not preclude the City from later adopting more stringent enforcement measures if the Council desires, or transferring enforcement duties to the County via a separate agreement.

The state law specifies that the first and second violations of these provisions by a restaurant will result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 per day in 13 Packet Pg. 74
Joint Special Council/BFPD
07/18/22 06:00 PM
Environmental Services
Jessica Reed
Resolution
Doc ID: 5063

COUNCIL RESOLUTION
violation, but not to exceed an annual total of $300.

If adopted, staff would create information on the City website and distribute outreach material to affected businesses. The City does not intend for the enforcement program to be extremely aggressive, but rather to focus on compliance assistance first, leaving the assessment of fines to serious offenders.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW,

CALIFORNIA, DESIGNATING THE CITY AS THE ENFORCEMENT AGENCY

FOR STATE REGULATIONS ON SINGLE-USE FOODWARE ACCESSORIES

AND STANDARD CONDIMENTS
WHEREAS, single-use foodware accessories including straws, stirrers, utensils, cup sleeves, tops, lids and spill plugs, prepackaged condiments and other similar accessory are a major contributor to street litter, ocean pollution, marine and other wildlife harm and greenhouse gas emissions; and WHEREAS, reducing litter on public streets, parks and in other public places is in the best interests of the health, safety and welfare of all who live, work and do business in the City; and
WHEREAS, the production and disposal of single-use foodware accessories has significant environmental impacts, including the contamination of the environment, the depletion of natural resources, use of non-renewable polluting fossil fuels and associated greenhouse gas emissions, and the increased clean-up and end-of-life management costs; and
WHEREAS, foodware accessories made from plastic polymers may last for hundreds and even thousands of years, and have broad, long-lasting negative impacts. Single-use plastic and polystyrene foam food service ware breaks apart easily into small pieces, can end up as litter, and is often mistaken as food by birds, fish, and wildlife. Plastics in waterways and oceans break down into smaller pieces and are present in most of the world’s oceans; and
WHEREAS, on November 18, 2021, the California Legislature enacted Assembly Bill 1276 which amended Chapter 5.2 of Part 3 of Division of the Public Resources Code, commencing with Public Resources Code Section 42270, to impose certain restrictions on the use of single-use foodware accessories by food facilities, as defined in Section 113789 of the Health and Safety Code; and WHEREAS, Public Resources Code 42272 requires local public agencies to enforce the state law, designate an enforcement agency, and makes violation of the state law a criminal infraction punishable by a fine of $25 for each day in violation, not to exceed $300 annually; and

13.a
Packet Pg. 76
Attachment: DRAFT AB 1276 Reso 06-02-2022(283777.1) (5063 : Resolution Designating the City as the Enforcement Agency for Single-Use WHEREAS, the City seeks to implement AB 1276 by authorizing an enforcement agency to enforce the new law’s requirements prohibiting distribution of single-use foodware accessories and standard condiments unless requested by the consumer effective immediately.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW,

CALIFORNIA, DOES RESOLVE, DECLARE, DETRMINE AND ORDER AS FOLLOWS:

SECTION 1. The City designates itself as the enforcement agency for enforcing Assembly Bill 1276 and Chapter 5.2 of the Public Resources Code imposing regulations on single-use foodware accessories and standard condiments. The City Manager or designated representative shall have the authority to enforce Assembly Bill 1276 and Chapter 5.2 of the Public Resources Code and may designate other City departments or individuals with such enforcement authority.

SECTION 2. The City Clerk of the City of Barstow shall certify to the passage and adoption of this resolution and its approval by the City Council and shall cause the same to be listed in the records of the City.

13.a
Packet Pg. 77
Attachment: DRAFT AB 1276 Reso 06-02-2022(283777.1) (5063 : Resolution Designating the City as the Enforcement Agency for Single-Use PASSED, APPROVED AND ADOPTED this 18th day of July, 2022. ________________________________
Paul Anthony Courtney, Dr., B.A.

Mayor
ATTEST:
________________________________
Andrea Flores
City Clerk
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. ____ - 2022 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 18th day of July 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Andrea Flores
City Clerk

13.a
Packet Pg. 78
Attachment: DRAFT AB 1276 Reso 06-02-2022(283777.1) (5063 : Resolution Designating the City as the Enforcement Agency for Single-Use Assembly Bill No. 1276
CHAPTER 505
An act to amend Sections 42270 and 42271 of, to amend the heading of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of, and to add Sections 42272 and 42273 to, the Public Resources Code, relating to solid waste.
[Approved by Governor October 5, 2021. Filed with Secretary of State October 5, 2021.]
legislative counsel
’s digest
AB 1276, Carrillo. Single-use foodware accessories and standard condiments.

Existing law prohibits a full-service restaurant, as specified, from providing single-use plastic straws, as defined, to consumers unless requested by the consumer, and places the duty to enforce this prohibition on specified state and local health and environmental health officers and their agents.

Existing law specifies that the first and 2nd violations of these provisions result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day the full-service restaurant is in violation, but not to exceed an annual total of $300.

This bill would instead prohibit a food facility from providing any single-use foodware accessory or standard condiment, as defined, to a consumer unless requested by the consumer, as provided. The bill would prohibit those items from being bundled or packaged in a way that prohibits the consumer from taking only the item desired. The bill would authorize a food facility to ask a drive-through consumer, or a food facility located within a public airport to ask a walk-through consumer, if the consumer wants a single-use foodware accessory in specified circumstances. The bill would require a food facility using a third-party food delivery platform to list on its menu the availability of single-use foodware accessories and standard condiments and only provide those items when requested, as provided. The bill would exclude from these requirements correctional institutions, health care facilities, residential care facilities, and public and private school cafeterias.

This bill would require a city, county, or city and county, on or before June 1, 2022, to authorize an enforcement agency to enforce these requirements. The bill would specify that the first and 2nd violations of these provisions result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day in violation, but not to exceed an annual total of $300. By creating a new crime and imposing additional duties on local governing bodies, this bill would impose a state-mandated local program.
89 17 - 7

13.b
Packet Pg. 79
Attachment: Copy of AB 1276 Chapter 505 (5063 : Resolution Designating the City as the Enforcement Agency for Single-Use Foodware The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1. The heading of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code is amended to read:

Chapter 5.2. Single-Use Foodware Accessories and Condiments SEC. 2. Section 42270 of the Public Resources Code is amended to read:
42270. For purposes of this chapter, the following definitions apply:
(a) “Consumer” has the same meaning as in Section 113757 of the Health and Safety Code.
(b) “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(c) “Ready-to-eat food” has the same meaning as in Section 113881 of the Health and Safety Code.
(d) “Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.
(e) “Single-use foodware accessory” means all of the following single-use items provided alongside ready-to-eat food:
(1) Utensils, which is defined as forks, knives, spoons, and sporks. (2) Chopsticks.
(3) Condiment cups and packets.
(4) Straws.
(5) Stirrers.
(6) Splash sticks.
(7) Cocktail sticks.
(f) “Standard condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes. (g) “Third-party food delivery platform” has the same meaning as in Section 113930.5 of the Health and Safety Code.

SEC. 3. Section 42271 of the Public Resources Code is amended to read:
42271. (a) Except as provided in subdivisions (c) and (d), a food facility, for on-premises dining or when using a third-party food delivery platform, 89 17 - 8

13.b
Packet Pg. 80
Attachment: Copy of AB 1276 Chapter 505 (5063 : Resolution Designating the City as the Enforcement Agency for Single-Use Foodware shall not provide any single-use foodware accessory or standard condiment packaged for single use to a consumer unless the single-use foodware accessory or standard condiment is requested by the consumer. (b) Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment.
(c) A food facility may ask a drive-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.
(d) A food facility that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.
(e) (1) A third-party food delivery platform shall provide consumers with the option to request single-use foodware accessories or standard condiments from a food facility serving ready-to-eat food. (2) If a food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu with a list of available single-use foodware accessories and standard condiments, and only those single-use foodware accessories or standard condiments selected by the consumer shall be provided by the food facility. If a consumer does not select any single-use foodware accessories or standard condiments, no single-use foodware accessory or standard condiment shall be provided by the food facility for delivery of ready-to-eat food.
(f) Nothing in this section shall prohibit a food facility from making unwrapped single-use foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use foodware accessories to be obtained.
(g) Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than condiments packaged for single use. (h) Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food delivery platform from providing single-use foodware accessories or standard condiments to a consumer.
(i) A food facility is encouraged, but not required, to take actions in addition to the requirements of this section that support a goal of reducing the use of and waste generated by all single-use food service products. 89 17 - 9

13.b
Packet Pg. 81
Attachment: Copy of AB 1276 Chapter 505 (5063 : Resolution Designating the City as the Enforcement Agency for Single-Use Foodware SEC. 4. Section 42272 is added to the Public Resources Code, to read:
42272. (a) On or before June 1, 2022, a city, county, or city and county shall authorize an enforcement agency to enforce this chapter. (b) The first and second violations of this chapter shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of twentyfive dollars ($25) for each day in violation, but not to exceed three hundred dollars ($300) annually.

SEC. 5. Section 42273 is added to the Public Resources Code, to read:
42273. This chapter does not apply to any of the following:
(a) Correctional institutions, which has the same meaning as in Section 7502 of the Penal Code.
(b) Health care facilities licensed pursuant to Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 of the Health and Safety Code or facilities that are owned or operated by a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code.
(c) Residential care facilities licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code.
(d) Public and private school cafeterias, as referenced in paragraph (1) of subdivision (b) of Section 113789 of the Health and Safety Code.

SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

O
89 17 - 10

13.b
Packet Pg. 82
Attachment: Copy of AB 1276 Chapter 505 (5063 : Resolution Designating the City as the Enforcement Agency for Single-Use Foodware Joint Special Council/BFPD
07/18/22 06:00 PM
City Clerk / Records
Christina Rudsell
Travel
Doc ID: 5066

AGENDA ITEM
AGENDA MATTER:

APPROVAL OF CITY COUNCIL AND CITY CLERK TRAVEL TO THE LEAGUE OF CALIFORNIA

CITIES ANNUAL CONFERENCE IN LONG BEACH, CA
EXECUTIVE SUMMARY:

It is requested that the City Council approve travel to the League of California Cities Annual Conference in Long Beach, CA for Mayor Paul Anthony Courtney, Council Member Marilyn Dyer Kruse, Council Member Barbara Rose and City Clerk Andrea Flores.

DISCUSSION:

The League of California Cities Annual Conference is scheduled for September 7 - 9, 2022, in Long Beach, CA. It is requested that the City Council approve attendance at this event for Mayor Paul Anthony Courtney, Council Member Marilyn Dyer Kruse, Council Member Barbara Rose and City Clerk Andrea Flores.

Estimated costs to attend this conference per person are as follows:

Conference Registration $ 600.00
Travel/Transportation $ 150.00
Parking $ 150.00
Meals $ 300.00
Hotel $ 750.00
TOTAL $1,950.00
FISCAL IMPACT:

Funds are available in the FY 2022/23 budget from General Fund Account Nos. 100.110.110.03.322, 100.110.110.03.323, 100.110.110.03.324 and 100.110.132.03.301.

RECOMMENDED ACTION:

Approve travel for Mayor Paul Anthony Courtney, Council Member Marilyn Dyer Kruse, Council Member Barbara Rose and City Clerk Andrea Flores to Long Beach, CA for the League of California Cites Annual Conference.
14 Packet Pg. 83
Joint Special Council/BFPD
07/18/22 06:00 PM
City Manager Department
Maribel Hernandez
Community Promotion
Doc ID: 5072

AGENDA ITEM
AGENDA MATTER:

AWARD OF COMMUNITY PROMOTIONAL FUNDS FOR FISCAL YEAR 2022-2023 EXECUTIVE SUMMARY:

The Community Promotional Fund provides funding and resources for community-based organizations, schools and individuals that develop events and programs to meet new and continuing social and economic needs and trends, promote community collaboration, and/or bring recognition to the community.

At the June 20, 2022 City Council meeting, the 2022-2023 Budget was adopted which includes an $82,200 appropriation from the Measure Q Fund for the Planned Community Promotional Fund.

DISCUSSION:

On April 7, 1997, the Community Promotional Fund Policy was adopted and then updated at the August 19, 2013 City Council meeting. The purpose of this policy is to establish guidelines for funding and supporting events that provide social and economic benefits and/or recognition to the community. A total of five applications were received in early April for Fiscal Year 2022-2023.

In reviewing the five applications received, staff recommends awarding a total of $36,576 of in-kind donations of fee waivers from the Measure Q Fund. Attachment A provides a list of organizations receiving in-kind donations waiver of fees for Fiscal Year 2022-2023.

FISCAL IMPACT:

Measure Q - Community Promotional Fund Account No.102.150.542.07.755 for $36,576 of in-kind donation of fee waivers.

RECOMMENDED ACTION:

Authorize the allocation from the Measure Q Fund towards providing in-kind donations of fee waivers in the amount of $36,576 for Fiscal Year 2022-2023.
15 Packet Pg. 84
Cash Amount Waiver of Fees Organization Event Contact Address Contact No. Email Address Council Date Event Date Boots and Bling Joanne V Cousino PO Box 386 Newberry Springs, CA 92365 760-403-3298 [email protected] 07/18/22 August 20, 2022 Main Street USA Car Show Eugene Butticci PO Box 698 Barstow CA 92312-0698 760-267-0349 [email protected] 07/18/22 October 8, 2022 $4,800 Mojave Valley United Way
$3,076 Barstow Chamber of Commerce/Main Street Murals
$20,700 Kiwanis Club of Barstow Crossroads Mardi Gras Parade Mary Ann Chavez 508 Barstow Road Barstow CA 92311 760-963-7763 [email protected] 07/18/22 October 29, 2022 $6,000 Gem & Mineral Society Gem & Mineral Show Judy Livingston P.O. Box 138 Barstow CA 92311 760-252-3264 [email protected] 07/18/22 Dec 3 - 4, 2022 $2,000 Barstow Area Chamber of Commerce Taste of The Bayou Eugene Butticci P.O. Box 698 Barstow CA 92311 760-678-0310 [email protected] 07/18/22 February 18, 2023 $0
Acct. No.
$36,576
Acct. No.
102.150.542.07.755 102.150.542.07.755
Community Promotional Fund Awards

15.a
Packet Pg. 85
Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds) Community Promotional Fund Application
APPLICANT INFORMATION:

Name of applicant: J," lp/,Ji... ,v. �a$ J Jo
Name of organization or group represented: 'J 1/111!, J/21:� f/4;nu z.Jy Mailing address:J..to f WrlLi411¥$ ilfue,(1 /JM,571Jfi)1 Yf-� 9.?-311 CP.D,8H..�) qJ31i. c;on�ct �n� number(s): Emai�dress: p ('fkPJ t/P.2 L -,:3eA18 $A{r1.s::""j-t5tJ..D ,� Non�rofit? � . No�lf no, are you partnering with a non-profit: tl::k.-.um,� � f eo u If� � ·fr> PROJECT DESCRIPTION: ·� �'y/.;_,r,tifu..w fAi;�-
Name of Event: "� � .8uf'
Amount requested: $ ft0 u£ti01 h "-l"::u,12
� $ . �Hzu1� Lu,utJ;: � -> ,q.av '{[�� u -- ·--.. �o
What will the funds be used for and/or what are the waiver of fees for? ?i'�t11'1l...c.-,) � . �f:;/+v � ��=IP�½�� .X fq � �::; AI
� w£➔
When will the activity take place? a.o :2/J "
Where will the activity take place? _____lo�-""C>.:..+--JLL....L..!�"'1.1.<:�li=--i.=.!..=::..L.:!.�J--�� ' /&,+
If additional space is necessary,
Rev. March 2022 Community Promotional Fund Application Page 1 /.J

15.a
Packet Pg. 86
Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 87
Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 88
Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 89
Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 90
Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 91
Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 92
Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 93
Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 94
Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 95
Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 96
Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 97
Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 98
Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 99
Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 100 Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 101 Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 102 Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 103 Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 104 Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 105 Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 106 Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 107 Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 108 Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 109 Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 110 Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 111 Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 112 Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 113 Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 114 Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds)

15.a
Packet Pg. 115 Attachment: Community Promotional Fund FY 22.23 (5072 : Award of FY 2022-2023 Community Promotional Funds) Joint Special Council/BFPD
07/18/22 06:00 PM
City Manager Department
Maribel Hernandez
Contract
Doc ID: 5080

AGENDA ITEM
AGENDA MATTER:

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BARSTOW AND MAIN STREET MURALS FOR THE PRODUCTION OF "MURALS ALONG MAIN STREET", BARSTOW, CA.

EXECUTIVE SUMMARY:

Main Street Murals is requesting financial assistance from the City to assist them in the cost for the production of two (2) murals and/or maintenance of existing murals, along Main Street between 1st and 7th Streets. This is a one (1) year contract with quarterly payments of $8,750 each.

DISCUSSION:

The Professional Services Agreement between the City of Barstow and Main Street Murals (MSM) for the production of murals along Main Street in Barstow expired on June 30, 2019. MSM is once again proposing services to help the City visually improve the downtown area through the production of two (2) murals and or maintenance on existing murals over this one (1) year period. This will add to the existing gallery of historic murals already located in the Barstow Downtown Main Street District. The murals aspire to revitalize and enhance the City, encourage tourism and promote educational creativity within the community. In addition, MSM will continue to produce marketing materials, maintain a website and promote painting and educational events to bring continued visibility to this growing project. A “Walking Mural Tour” has been successfully implemented for the general public and tourist groups. The murals are available for viewing on the City’s webpage.

Main Street Murals (MSM) will obtain written approval from property owners prior to painting on the site, will maintain existing murals, including graffiti removal and repairing any deterioration or damage of murals. MSM is asking that the City pay $35,000 per year for professional services. MSM will be required to provide written updates and financial statement to the City Manager’s office prior to each payment.

These updates will be transmitted to the City Council. An annual presentation will be provided no later than June 30th of the contract year.

FISCAL IMPACT:

Funding of $35,000 is available for Fiscal Year 2022/2023.

Funding Source: Community Promotional Fund - Community Promotion Division; 102.150.542.07.766 RECOMMENDED ACTION:

1. Determine if the program continues to meet the needs of the community; and

2. If yes, authorize the Mayor to sign a one-year Professional Services Agreement between the City of Barstow and Main Street Murals for $35,000 with quarterly payments of $8,750.00. 16 Packet Pg. 116

PROFESSIONAL SERVICES AGREEMENT
(City of Barstow and Main Street Murals)

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Barstow, a California Municipal Corporation (“City”) and Main Street Murals, a California 501(c)(3) Nonprofit Public Benefit Corporation (“MSM”).

2. RECITALS

2.1 MSM will develop, paint and maintain historic murals in the downtown Barstow area and to market these murals as a tourist attraction.

2.2 MSM represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its artists and volunteers. MSM further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and MSM agree as follows:

3. DEFINITIONS

3.1 “Scope of Services”: Such professional services as are set forth in the attached Exhibit A, incorporated herein by this reference.

3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the attached Exhibit B, incorporated herein by this reference.

3.3 “Commencement Date”: August 1, 2022

3.4 “Expiration Date”: June 30, 2023

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the parties or terminated earlier in accordance with Section 17 (“Termination”) below.

5. MSM’S SERVICES

5.1 MSM shall perform the services identified in the scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties and any corresponding increase or decrease in

16.a
Packet Pg. 117 Attachment: Main Street Murals 22-23 (5080 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 2 of 12 ends

compensation shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to MSM under this Agreement exceed the sum of Thirty-Five Thousand Dollars and No/Cents ($35,000.00) unless specifically approved in advance and in writing by City.

5.2 MSM shall obtain a City of Barstow business license prior to commencing performance under this Agreement.

5.3 MSM shall perform all work to the highest professional standards of MSM’s profession and in a manner reasonably satisfactory to City. MSM shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the political Reform Act (Government Code Section 81000 et seq.)

5.4 During the term of this Agreement, MSM shall not perform any work for another person or entity for whom MSM was not working at the Commencement Date if both (i) such work would require MSM to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing to MSM’s performance of such work.

5.5 MSM represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by MSM or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Jane Laraman-Brockhurst’ shall be MSM’s project administrator and shall have direct responsibility for management of MSM’s performance under this Agreement. No change shall be made in MSM’s project administrator without City’s prior written consent.

6. COMPENSATION

6.1 City agrees to compensate MSM for the services provided under this Agreement, and MSM agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule.

6.2 MSM shall submit to City an invoice, on a quarterly basis, for the services performed pursuant to this Agreement. Prior to the first payment, MSM shall provide Articles of Incorporation, proof of 501(c) (3) status and proof of insurance as required in Section 11 of this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten business days of receipt of each invoice, City shall notify MSM in writing of any disputed amounts included on the invoice.

Within thirty calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to MSM.

6.3 Payments for any services requested by City and not included in the Scope of Services shall be made to MSM by City on a time-and-materials basis using MSM’s standard fee schedule. Fees for such additional services shall be paid within sixty days of the date MSM issues an invoice to City for such services.

16.a
Packet Pg. 118 Attachment: Main Street Murals 22-23 (5080 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 3 of 12 ends

7. MURAL DEVELOPMENT

7.1 Mural images shall be painted along Main Street between 1st Street and 7th Street.

7.2 MSM shall be solely responsible for obtaining permission from property owners prior to painting any mural images on private property. Council approval is required for any mural images to be painted on city buildings or property. MSM shall present renderings and locations of proposed mural images to the Council for their approval before any painting work can take place and work erected. The Council’s determination on the mural images and location shall be final.

7.3 MSM or its contract artists (whichever is applicable) holds complete ownership of all visual images/murals and written products developed and produced by the MSM in the performance of this Agreement. MSM shall be solely responsible for the maintenance, repair and upkeep of its murals, including the removal of graffiti.

7.4 The City will provide a link to the MSM’s website.

7.5 MSM represents and warrants that MSM will ensure that it has the legal right to utilize all intellectual property, if applicable, in the development of its murals. MSM further represents that MSM shall hold harmless and defend City for any legal challenges brought against City under intellectual property law in connection with any and all murals developed under this Agreement.

8. RELATIONSHIP OF PARTIES
MSM is, and shall at all times remain as to City, a wholly independent contractor. MSM shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of MSM or any of MSM’s employees, except as set forth in this Agreement. MSM shall not represent that it is, or that any of its agents or employees are, in any manner, employees of City.

9. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by MSM or provided for performance of this Agreement are deemed confidential and shall not be disclosed by MSM without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement.

10. INDEMNIFICATION

10.1 The parties agree that City, its officers, agents, employees and volunteers should, to the fullest extent permitted by law, be protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions

16.a
Packet Pg. 119 Attachment: Main Street Murals 22-23 (5080 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 4 of 12 ends

of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law. MSM acknowledges that City would not enter into this Agreement in the absence of MSM’s commitment to indemnify and protect City as set forth herein.

10.2 To the fullest extent permitted by law, MSM shall indemnify, hold harmless and when the City requests, with respect to a claim, provide a deposit for the defense of, and defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, and injury to any property arising out of or in connection with MSM’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of MSM or any of its officers, employees, servants, agents, subcontractors, in the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Such costs and expenses shall include reasonable attorney’s fees due to counsel of City’s choice, expert fees and all other costs and fees of litigation.

10.3 City shall have the right to offset against the amount of any compensation due MSM under this Agreement any amount due City from MSM as a result of MSM’s failure to pay City promptly any indemnification arising under this Section 10 and related to MSM’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable worker’s compensation laws.

10.4 The obligations of MSM under this Section 10 will not be limited by the provisions of any workers’ compensation act or similar act. MSM expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

10.5 MSM agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of MSM in the performance of this Agreement. In the event MSM fails to obtain such indemnity obligations from others as required herein, to the fullest extent permitted by law, MSM agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from the against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of MSM’s subcontractors or any other person or entity involved by, for, with or on behalf of MSM in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

10.6 City does not, and shall not; waive any rights that it may possess against MSM because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

16.a
Packet Pg. 120 Attachment: Main Street Murals 22-23 (5080 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 5 of 12 ends

11. INSURANCE

11.1 During the term of this Agreement, MSM shall carry, maintain and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with MSM’s performance of this Agreement. Such insurance shall be the types and in the amounts as set forth below:

11.1.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and operations hazard, contractual insurance, broad form property damage, independent MSMs, personal injury, underground hazard, and explosion and collapse hazard where applicable.

11.1.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million Dollars ($1,000,000) per incident.

11.1.3 Worker’s Compensation insurance as required by the laws of the State of California.

11.2 MSM shall require each of its subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement.

11.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A: VII in the latest edition of Best’s Insurance Guide.

11.4 MSM agrees that if it does not keep the previously mentioned insurance in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at MSM’s expense, the premium thereon.

11.5 At all times during the term of this Agreement, MSM shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the City and its officers, employees, agents and volunteers as additional insureds. MSM shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s).

11.6 MSM shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverage(s).

11.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement

16.a
Packet Pg. 121 Attachment: Main Street Murals 22-23 (5080 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 6 of 12 ends

shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City.

11.8 The insurance provided by MSM shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of MSM’s insurance and shall not contribute with it.

11.9 All insurance coverage provided pursuant to this Agreement shall not prohibit MSM, and MSM’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. MSM hereby waives all rights of subrogation against the City.

11.10 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, MSM shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or MSM shall procure a bond guaranteeing payment of losses and expenses.

11.11 Procurement of insurance by MSM shall not be construed as a limitation of MSM’s liability or as full performance of MSM’s duties to indemnify, hold harmless and defend under Section 10 of this Agreement.
12 MUTUAL COOPERATION

12.1 City shall provide MSM with all pertinent data, documents and other requested information as is reasonably available for the proper performance of MSM’s services under this Agreement.

12.2 In the event any claim or action is brought against City relating to MSM’s performance in connection with this Agreement, MSM shall render any reasonable assistance that City may require.

13. RECORDS AND INSPECTIONS
MSM shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings and activities.

14. PERMITS AND APPROVALS
MSM shall obtain at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits, building and safety permits and inspections.

16.a
Packet Pg. 122 Attachment: Main Street Murals 22-23 (5080 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 7 of 12 ends

15 NOTICES
Any notice, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during MSM’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City:

City of Barstow
Attention: City Manager
220 East Mountain View Street, Ste. A
Barstow, CA 92311
Telephone: 760-256-3531
Facsimile: 760-256-4472
If to MSM:

Main Street Murals
Attention: Jane Laraman-Brockhurst
48686 Silver Valley Road
Newberry Springs, CA 92365
Telephone: 760-257-1052
[email protected]
With a courtesy copy to:

City Counsel
Colantuono, Highsmith & Whatley, P.C.
790 E. Colorado Blvd, Ste 850
Pasadena, CA 91101
213-542-5719 – Direct
213-542-5700 – Main

16. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 9, Section 10, Paragraph 12.2 and Section 13 of this Agreement shall survive the expiration or termination of this Agreement.

17. TERMINATION

17.1 City shall have the right to terminate this Agreement for any reason on five calendar days’ written notice to MSM. MSM shall have the right to terminate this Agreement for any reason on sixty calendar days’ written notice to City. MSM agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

17.2 If City terminates this Agreement due to no fault or failure of performance by MSM, then MSM shall be paid based on the work satisfactorily performed at the time of termination. In no event shall MSM be entitled to receive more than the amount that

16.a
Packet Pg. 123 Attachment: Main Street Murals 22-23 (5080 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 8 of 12 ends

would be paid to MSM for the full performance of the services required by this Agreement.

18. GENERAL PROVISIONS

18.1 MSM shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than MSM.

18.2 In the performance of this Agreement, MSM shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition or any other unlawful basis.

18.3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

18.4 The waiver by City or MSM of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or MSM unless in writing.

18.5 MSM shall not be liable for any failure to perform if MSM presents acceptable evidence, in the City’s sole judgment that such failure was due to causes beyond the control and without the fault or negligence of MSM.

18.6 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all or such other rights, powers or remedies. In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees, if any, and attorneys’ fees expended in such action. The venue for any litigation shall be San Bernardino County, California.

16.a
Packet Pg. 124 Attachment: Main Street Murals 22-23 (5080 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 9 of 12 ends

18.7 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

18.8 This Agreement shall be governed and construed in accordance with the laws of the State of California.

18.9 All documents referenced as Exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and MSM with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties.

Amendments hereto or deviations here from shall be effective and binding only if made in writing and executed by City and MSM.
(This space left intentionally blank)

16.a
Packet Pg. 125 Attachment: Main Street Murals 22-23 (5080 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 10 of 12 ends

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “City”
City of Barstow
“MSM”
Main Street Murals
By: By:

Paul Anthony Courtney, Dr., BA
Mayor
Jane Laraman-Brockhurst
Date Date
Attest:

By:

Andrea Flores
City Clerk
Date
Approved as to form:

By:

Matthew Summers
City Attorney
Date

16.a
Packet Pg. 126 Attachment: Main Street Murals 22-23 (5080 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 11 of 12 ends

EXHIBIT A

SCOPE OF SERVICES
This Service Agreement is set out to assist in the development of production of murals, the maintenance of existing murals and to promote the walking gallery tour as a tourist attraction in Barstow.

MSM’s responsibilities are as follows:
 MSM shall produce and complete two murals and or maintenance of existing murals per fiscal year during the term of the Agreement, pertaining only to the walking gallery of historic murals along Barstow’s Downtown Main Street located between 1st Street and 7th Street.
 MSM will seek and execute an agreement with each property owner prior to painting on any site. Each agreement with the property owner shall be filed with the City.  MSM will maintain existing murals; remove graffiti and repair deterioration or damage of murals.
 MSM will continue to produce brochures and related materials, maintain website, and distribute marketing posters and flyers to promote the murals and painting/education events.

16.a
Packet Pg. 127 Attachment: Main Street Murals 22-23 (5080 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 12 of 12 ends

EXHIBIT B

APPROVED FEE SCHEDULE
Total per fiscal year 22/23: $35,000
 Production of two (2) murals per year and or maintenance of existing murals.  Marketing materials & tour including: Brochures, flyers, website and a minimum of 12 walking tours per year.
 Maintenance of existing murals.

MSM shall receive $8,750 on a quarterly basis for services performed pursuant to this Agreement. The first payment of $8,750 shall be processed within thirty days from the execution of the Agreement by both parties. Prior to this payment, MSM shall provide Articles of Incorporation, proof of 501(c) (3) status, and Certificate of Insurance as stated in Section 11 of this agreement.

Each invoice shall itemize the services rendered during the billing period and the amount due.

Within ten business days of receipt of each invoice, City shall notify MSM in writing of any disputed amounts included on the invoice. Within thirty calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City s hall not withhold applicable taxes or other authorized deductions from payments made to MSM.

MSM shall submit to the City Manager’s Office, a written quarterly report and a financial statement prior to receiving payment; and a verbal presentation to the Council at the end of the fiscal year.

16.a
Packet Pg. 128 Attachment: Main Street Murals 22-23 (5080 : Main Street Murals Contract) Joint Special Council/BFPD
07/18/22 06:00 PM
City Manager Department
Maribel Hernandez
Contract
Doc ID: 5062

AGENDA ITEM
AGENDA MATTER:

APPROVAL OF AMENDMENT FOUR TO AMEND AND REINSTATE THE AGREEMENT FOR

ANIMAL CONTROL SERVICES WITH BARSTOW HUMANE SOCIETY
EXECUTIVE SUMMARY:

The City's existing contract with the Barstow Humane Society for animal control services expired on June 30, 2022. To continue providing the Barstow community with animal care, shelter and control services, Staff has prepared the attached proposed contract for Council review and consideration.

DISCUSSION:

The City's existing contract with the Barstow Humane Society for animal control services expired on June 30, 2022. Staff has prepared the attached Agreement for Animal Control Services with Barstow Humane Society for Council consideration and approval. The key provisions of the agreement are as follows:
 Contract Term:

Five-year term (August 1, 2022 through June 30, 2027) with options to extend contract for an additional five years.
 Contract Cost:
$261,477 per year (which includes a 5% COLA from the rate that has been in place since 2019).

Any future increases will only be instituted with City Council approval.  Services Hours:

Tuesday - Friday, 10:00 a.m. to 5:00 p.m.

Saturday, 9:00 a.m. to 4:00 p.m.

Requests for service will be responded to 24 hours per day, seven days per week.

FISCAL IMPACT:

The amount of $253,861 is budgeted in FY 2022/23 General Fund Account No. 100.130.350.06.630. A 5% cost of living adjustment (COLA) to be added to the base compensation on August 1, 2022. Any other COLA for the remainder of the contract shall be added only upon the request of the Humane Society and City Council approval.

RECOMMENDED ACTION:

Approve the Agreement for Animal Control Services with Barstow Humane Society, and authorize the City Manager to execute the agreement.
17 Packet Pg. 129
1 CITY OF BARSTOW

AGREEMENT FOR

ANIMAL CONTROL SERVICES
THIS AGREEMENT, made and entered into as of this 18th day of July, 2022, by and between the CITY OF BARSTOW, a municipal corporation (hereinafter referred to as “City” and the BARSTOW HUMANE SOCIETY, INC. (hereinafter referred to as “Society”).

WITNESSETH
WHEREAS, the Society is currently providing animal shelter and 24-hour animal control services for the City; and
WHEREAS, the City desires to maintain the services provided by Society and use the services, plant equipment facilities and supplies of Society in the enforcement and performance of the powers and duties of the Humane Officer / Animal Control Officer as set forth in Title 8 of the Barstow Municipal Code (“Code”), as amended from time to time for expanded animal control services; and
WHEREAS, the Society is willing to provide such services, supplies, materials and use of its plant, equipment and facilities in the enforcement and performance of said powers and duties and provide animal control services herein stated; and NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, City and Society do hereby agree as follows:

SECTION 1. TERM.

A. The services provided pursuant to this Agreement shall be for an initial period of five (5) years beginning July 1, 2022, and ending June 30, 2027 (“initial term”).

B. Upon mutual consent of the parties, set forth in a written notice not less than 90 days prior to the expiration of the Agreement, the initial term may be extended for an additional 5-year term, beginning July 1, 2027 and ending June 30, 2032 (“first extended term”).

C. Upon mutual consent of the parties, set forth in a written notice not less than 90 days prior to the expiration of the first extended term, the term of the Agreement may be extended for a second 5-year term, beginning July 1, 2032 and ending June 30, 2037 (“second extended term”).

17.a
Packet Pg. 130 Attachment: Humane Society Contract 2022 (5062 : Amend and Reinstate Agreement for Animal Control Services with Barstow Humane 2 SECTION 2. APPOINTMENT. City appoints Society as the Humane Officer / Animal Control Officer of the City of Barstow for the term of this Agreement, and hereby authorizes, directs and empowers Society to perform during the term of this Agreement all the powers and duties conferred and imposed upon the Humane Officer / Animal Control Officer by the Code, and applicable City policies and regulations, Barstow Police Department policies and regulations, and state laws and regulations, as they may be amended from time to time.

SECTION 3. ACCEPTING OF APPOINTMENT. Society shall during the term of this Agreement perform all the powers and duties conferred and imposed upon the Humane Officer / Animal Control Officer, in compliance with all applicable City policies and regulations, Barstow Police Department policies and regulations, and state laws and regulations, as they may be amended from time to time. This includes, but is not limited to, compliance with City and Police Department policies on ethics and professionalism, treatment of the public, the prohibition and discrimination and harassment, and proper use of authority, uniforms, and the police power.

At the request of Society, City shall provide periodic training to the Humane Officer / Animal Control Officer (including animal control officers employed by Society) through its Police Department or Code Enforcement Officers regarding applicable City and Police Department policies and regulations to be enforced by Society.

SECTION 4. DEPUTY HUMANE OFFICER. If necessary, Society may appoint Deputy Humane Officer(s). Any appointed Deputy Humane Officers are bound by and must comply with all terms of this Agreement.

SECTION 5. CITY ANIMAL SHELTER SERVICES. Society shall furnish and maintain during the term of this Agreement a building or enclosure, to be known and designated as the “City Animal Shelter” which shall be suitable for the keeping and safeholding of all animals which are by law subject to impound. Society will provide adequate shelter, maintain at all times sufficient employees necessary to care for the animals, and provide emergency veterinary services at the City Animal Shelter.

The City Animal Shelter shall be open to the public during regular business hours on Tuesday through Friday, 10:00 a.m. to 5:00 p.m., and Saturday, 9:00 a.m. to 4:00 p.m.

The City Animal Shelter shall be closed Sundays, Mondays, and on the following holidays: New Years Day, Christmas Day, Thanksgiving Day, and the 4th of July.

Services available to the public during regular business hours include, but are not limited to:

A. Acceptance of and care for animals surrendered to the Animal Shelter; B. Adoption of animals surrendered or unclaimed by their owner; C. Sale of cat and dog traps to the public;
D. Appropriate processing of any bite reports made to Society by a member of the public;
E. Response to calls for aggressive, animal pick up (stray or injured dog or cat)

17.a
Packet Pg. 131 Attachment: Humane Society Contract 2022 (5062 : Amend and Reinstate Agreement for Animal Control Services with Barstow Humane 3 SECTION 6. PICK-UP SERVICES. Society shall pick up and impound stray animals within City limits, pick up and impound at the request of any resident any other animal within the City that may be lawfully impounded, shall enforce all Code provisions and state laws pertaining to impound of animals, except that any court proceedings shall be handled by the City and City Attorney, with the assistance of Society.

SECTION 7. RESPONSE TO SERVICE REQUESTS. Society shall respond to requests for animal control service, during regular business hours (as set forth in Section 5 above). Society shall respond to requests by residents who telephoned City’s Police Dispatch center or other City office or directly telephone the Society’s dispatch center. Society shall also respond to requests for animal control services made by City police officers or other City officials. City shall promptly notify Society of requests received by City for animal control services. Upon notification by the City’s Police Dispatch staff, Society shall provide pick-up emergency service 24-hours per day, seven days per week, for sick or injured animals, animals involved in biting cases, and animals, including vicious animals running at large.

SECTION 8. RESPONSE TIME. Society shall establish categories of requests for service (e.g. emergency, priority, routine) through its dispatch policies. Society shall respond to requests from residents or City officials for animal control services including pick-up services, pursuant to the following response schedule:

A. Society shall respond to emergency animal control calls and arrive on scene within 30 minutes of receipt of such calls.

B. Society shall respond to any routine call within two (2) hours of receipt or if appropriate, schedule an appointment with the requesting party.

C. In the event of an emergency, Society may be unable to respond within the above prescribed time periods. In such cases, Society shall respond within a time that is reasonably appropriate for the emergency. “Emergency” is defined as any local, state or federal declared emergency or any event which causes society to evacuate its own facilities including the City Animal Shelter, or affects the health, safety and well-being of animals residing in the City Animal Shelter.

SECTION 9. SPAYING AND NEUTERING. Society shall require spaying/neutering of any dog or cat prior to adoption (Spaying and neutering fees shall be borne by the party adopting the animal). Society shall enforce the provisions of Barstow Municipal Code Section 8.20.010 (requiring the spaying and neutering of Pit Bulls) including requiring the spaying/neutering of any Pit Bull (as defined by the Code) which has been impounded due to the owner’s violation of Barstow Municipal Code Section 8.20.010, at the owner’s expense prior to release of the animal to its owner, or a citation will be issued. City shall not be entitled to receive any portion of any adoption or spaying/neutering fees collected by Society.

17.a
Packet Pg. 132 Attachment: Humane Society Contract 2022 (5062 : Amend and Reinstate Agreement for Animal Control Services with Barstow Humane 4 SECTION 10. LICENSING OF DOGS. Society shall issue licensing for dogs, as mandated by Chapter 8.12 of the Code. Fees charged for licensing and tags shall be as set by City Council resolution.

Society shall maintain records of all dog licenses until one year after having been advised in writing by the owner that the dog is deceased.

Society shall perform regular marketing and canvassing activities to promote awareness and increase enforcement of mandatory dog licensing requirements under the Code and state laws and regulations. Society shall maintain copies of its marketing and canvassing materials.

SECTION 11. INVESTIGATION. Society shall assist the City in the investigation of all cruelty to animal charges and complaints brought to the attention of Society by any person. Society shall conduct follow-up visits on all complaints and shall attempt to resolve complaints among residents on an informal basis.

SECTION 12. ANIMAL BITES. Society shall investigate animal bite cases referred to Society and, as required, shall hold in quarantine the biting animal at its owner’s expense and monitor for rabies. (Society shall transport dead animals which have been involved in bite incidents to the County Health Office for rabies testing.) SECTION 13. DECEASED ANIMALS. Except as provided in Section 12 (“Animal Bites”), Society shall dispose of carcasses of all animals that come into its possession or that of the Humane Officer or its designee in the performance of the powers conferred and the duties imposed by the Code. Society will also pick up and dispose of any dead animal within the City and pickup and dispose of all dead wild animals and dead domestic animals from public streets and public property. Society may impose a reasonable charge to the owner of the dead animal for picking up and disposing of such animal from private property. The schedule of charges shall be set by City Council Resolution.

SECTION 14. ADMINISTRATIVE CITATIONS. Society shall enforce Title 8 of the Code entitled “Animals.” Society represents that all officers that patrol the city, respond to service requests, conduct investigations and conduct pick-up service shall be “animal control officers” as defined by Section 830.9 of the California Penal Code and at least one of its animal control officers shall be qualified as a humane officer / animal control officer pursuant to Section 14502 of the California Corporations Code. Notwithstanding any authority to the contrary as set forth in Title 8 of the Code, all officers employed by Society are limited to enforcement of the Code through the administrative citation process pursuant to Chapter 6.30 of the Code. City shall furnish Society with a sufficient quantity of citation forms/administrative citation forms to perform this service.

SECTION 15. HEALTH DEPARTMENT QUARANTINE. When directed by the County Health Officer, Society shall pickup, accept, care for and maintain in custody

17.a
Packet Pg. 133 Attachment: Humane Society Contract 2022 (5062 : Amend and Reinstate Agreement for Animal Control Services with Barstow Humane 5 any animal from within the City limits to be held for observation by the County Health Officer and to maintain such animal in an individual kennel away from contact with other animals during the time so held. In addition, at the discretion of the Society, in-home quarantine of specified animals shall be allowed. Owners shall be charged a fee for such care and quarantine as set by City Council Resolution.

SECTION 16. DISASTER RESPONSE. In the case of a local, state or national disaster that affects the health, safety and well-being of animals residing in the City, Society shall assist City with its disaster response and evacuate animals if necessary and to the extent Society may reasonable do so.

SECTION 17. RELOCATION OF WILD ANIMALS. If Society encounters any wild animal prohibited by the Code during the performance of this Agreement, Society shall relocate the wild animal, consistent with state law and regulations.

SECTION 18. USE OF CERTAIN RESTRAINING DEVICES. Society shall not use taser devices in the commission of its duties under this Agreement. If requested by Society, the City Police Department shall provide periodic training to the Humane Officer / Animal Control Officer (including animal control officers employed by Society) on the proper use of pepper spray in subduing an animal during pick up. Upon successful completion of this training, Society may purchase pepper spray through the City and the Humane Officer / Animal Control Officer and his/her deputies and animal control officers may use pepper spray when necessary, as consistent with the training.

SECTION 19. INSPECTION. Society shall inspect pet shops, grooming parlors and boarding kennels for compliance with local ordinance and state laws.

SECTION 20. INDEMNITY. To the full extent permitted by law and by a court of competent jurisdiction or written agreement between the parties, Society covenants not to sue and shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation resulting from the performance of this Agreement by Society, its employees, representatives, subcontractors, agents and officials, or any Society activity on or use of City’s premises or facilities or from any acts, errors or omissions, including, without limitation, professional negligence, of Society, its employees, representatives, subcontractors, or agents.

SECTION 21. INSURANCE. Society shall, at its own cost and expense, promptly secure after execution of this Agreement the following insurance:

A. Comprehensive general liability insurance under a standard ISO-CGL form with a combined single limit of $1,000,000 for each occurrence and in the aggregate. Coverage is required to be maintained throughout the term of this Agreement.

17.a
Packet Pg. 134 Attachment: Humane Society Contract 2022 (5062 : Amend and Reinstate Agreement for Animal Control Services with Barstow Humane 6 B. Comprehensive automobile liability insurance for any owned, non-owned and hired vehicle used in the connection with the performance of this Agreement under standard ISO form including 1 auto coverage with limits of not less than $500,000.

C. Worker’s Compensation insurance as required by law. Compliance is accomplished in one of the following manners:

1. Provide copy of permissive self-insurance certificate approved by the State of California; or

2. Secure and maintain in force a policy of workers’ compensation insurance with minimum statutory limits and Employee’s Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its employees, agents, officials and volunteers for losses arising from performance of this Agreement; or

3. Provide a “waiver” form certifying that no employees subject to the Labor Code’s Workers’ compensation provisions will be used in performance of this Agreement.

D. Each policy of insurance required hereunder shall:

1. Provide that the coverages are primary to any other applicable insurance coverages carried by the additional insureds;

2. Be issued by an insurance company which is admitted to do business in the State of California, and which is rated “A VII” or better in the current edition of Best’s Insurance Guide;

3. Contain an endorsement providing that the policy shall not be cancelled, reduced, or otherwise modified without the insurance carrier giving the City a minimum of thirty (30) days prior written notice;

4. Name the City as an additional insured party.

E. Society shall submit to City a certificate of insurance and endorsements for each policy not less than one (1) day prior to beginning of performance under this Agreement. Each certificate shall be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by the City. City may require complete certified copies of any or all policies at any time.

F. Failure to maintain required insurance at all times shall constitute a default and material breach of this agreement. In such event, Society shall immediately notify city and cease all performance under this Agreement until further directed by the City other than caring for animals impounded or quarantined at Society’s shelter prior to termination. In the absence of satisfactory insurance coverage, City shall have the option to immediately terminate this Agreement.

17.a
Packet Pg. 135 Attachment: Humane Society Contract 2022 (5062 : Amend and Reinstate Agreement for Animal Control Services with Barstow Humane 7 SECTION 22. COMPENSATION. In consideration for all services provided to the City under this Agreement, City shall pay Society a total sum of $266,554 annually, payable in 12 monthly installments of $22,212.83 for the initial term. A cost of living adjustment (COLA) shall be added to the base compensation on July 1, 2023, and subject to Council approval, each July 1st for 2024, 2025, 2026 and 2027. The COLA shall equal the percentage change between calendar years in the consumer price index (CPI) Riverside-San Bernardino-Ontario, published by the United States Department of Labor.

In addition, Society shall be entitled to retain all of the revenue collected from impound fees, licensing fees, and other animal control related fees imposed during the performance of this Agreement. Any fees charged by the Society shall be set forth by City Council Resolution.

SECTION 23. ANNUAL BUDGET AND OTHER REPORTS. Society shall provide the City with a copy of its prospective annual budget in January of each calendar year. By December 30th of each year of this Agreement, Society shall provide to the City Manager copies of its financial reports covering each fiscal year under this Agreement. Should Society fail to submit any financial report the preparer of the unaudited report shall satisfy City’s Finance Officer as to the reasonableness, accuracy and completeness of said unaudited report. In the event that Society fails to provide City with an audited financial report or an unaudited report not satisfactory to the City’s Finance Officer, the City may undertake the task of preparing an audited financial report for Society. All expenses incurred for the preparation of a financial report shall be paid by Society. In addition, at the City’s request, the Society shall conduct an audit of their financial statements and provide the results to the City.

Society shall make semi-annual presentations regarding shelter operations to the City Council at a regularly scheduled City Council meeting.

Society shall provide monthly to the City Clerk a detailed report of the services provided.

The report shall include the number of stray/deceased animals picked up, the number of calls responded to, their location, the time and number of animals held by Society, the number of animals impounded and the impound charges collected, and identification of any problem areas or issues identified by Society in providing the service required pursuant to the Agreement.

In January of each year, Society shall provide an annual report to the City Clerk detailing for the prior year: the number of dogs licensed and the revenues collected from the licensing; copies of the annual marketing and canvassing materials used to promote awareness of licensing requirements; the number of dogs and cats adopted from the Animal Shelter; the number of dogs and cat euthanized at the Animal Shelter.

SECTION 24. NOTICES. Any notice which is required to be given by any provision of this Agreement may be given by hand delivery, by any overnight courier

17.a
Packet Pg. 136 Attachment: Humane Society Contract 2022 (5062 : Amend and Reinstate Agreement for Animal Control Services with Barstow Humane 8 service providing dated evidence delivery, or by U.S. certified mail return receipt required. Each notice shall be addressed as follows unless a party notifies the other party in writing of a different address for receipt of notice:

CITY: Willie A, Hopkins
City Manager
City of Barstow
220 East Mountain View Avenue
Barstow, CA 92311
SOCIETY: Linda Glaudel
Shelter Manager
The Barstow Humane Society
2480 East Main Street
Barstow, CA 92311
SECTION 25. TERMINATION. This Agreement shall remain in effect unless terminated by either party with or without cause by a 180-day prior written notice of such termination. The notice shall state the termination date. In the event this Agreement is terminated, Society shall be paid for services satisfactorily rendered up to the termination date, based upon the pro-rated monthly rate as set forth in Section 22 of this Agreement.

SECTION 26. COMPLIANCE WITH STATE LAWS. Society shall comply with all applicable state laws, including but not limited to, laws relating to animal shelters, humane organizations, lost, stray animals and neuter programs.

SECTION 27. INDEPENDENT CONTRACTOR. Society is, and shall at all times remain as to City, a wholly independent contractor. Society shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of the Agreement. Society shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of the City.

SECTION 28. MAINTENANCE AND INSPECTION OF RECORDS. This section shall read as follows:

A. The City or any of its authorized auditors or representatives, shall have access to and the right to audit, inspect, reproduce and transcribe any of the Society’s records, to the extent the city deems necessary to insure it has received or is receiving all money to which it is entitled under the agreement or for the other purposes relating to the Agreement. Such records include, without limitation, journals, ledgers, records of accounts payable and receivable, profit and loss statement, financial statements, bank statements, invoices, receipts, subcontractors, agreements, notes, correspondence, memoranda, and any other

17.a
Packet Pg. 137 Attachment: Humane Society Contract 2022 (5062 : Amend and Reinstate Agreement for Animal Control Services with Barstow Humane 9 documents required by the City or by the laws or regulations of any Federal, State, or local government agency.

B. Society shall maintain and preserve all such records for a period of at least three (3) years after termination of this Agreement.

C. Upon written notice by the City, the Society shall promptly make all such records available to auditors or other representatives of the City.

D. Society shall maintain all such records in the City of Barstow. If located elsewhere, the Society shall promptly reimburse the City for all reasonable costs incurred in conducting the audit at a location other than the City of Barstow, including but not limited to expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.

SECTION 29. NON-ASSIGNMENT CLAUSE. Society cannot assign or delegate or otherwise transfer this Agreement or the rights or duties contained herein to any individual, person or legal entity otherwise without the written consent of the City.

SECTION 30. PARAGRAPH HEADINGS. Any heading of the several paragraphs of this Agreement is inserted for convenience and reference only and shall not be held or construed in any manner to affect the scope, or to limit or to qualify the meaning nor intent of the provisions thereof.

SECTION 31. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties and supersedes a prior or contemporaneous representations or agreements of the parties. The Agreement may be revised or modified only by written agreement of both parties signed by an authorized representative of each party.

SECTION 32. APPLICABLE LAW. This agreement shall be governed by the laws of the State of California.

SECTION 33. ATTORNEY’S FEES. In the event that legal action is necessary to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including attorney’s fees from the opposing party in any amount determined by the Court to be reasonable.

SECTION 34. COUNTERPART EXECUTION. This Agreement may be executed in counterparts, each of which so executed shall be deemed an original irrespective of the date of the execution, and said counter parts shall together constitute one and the same agreement.

17.a
Packet Pg. 138 Attachment: Humane Society Contract 2022 (5062 : Amend and Reinstate Agreement for Animal Control Services with Barstow Humane 10 IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by their duly authorized representatives as of the date of the first written above.

CITY OF BARSTOW:

BY:

Willie A. Hopkins
City Manager
ATTEST: APPROVED AS TO FORM:

BY: BY:

Andrea Flores Matthew Summers
Barstow City Clerk City Attorney
THE BARSTOW HUMANE SOCIETY:

BY:

Linda Glaudel
Shelter Manager

17.a
Packet Pg. 139 Attachment: Humane Society Contract 2022 (5062 : Amend and Reinstate Agreement for Animal Control Services with Barstow Humane Joint Special Council/BFPD
07/18/22 06:00 PM
Building
Christopher Heldreth
Ordinance
Doc ID: 5068

AGENDA ITEM
AGENDA MATTER:

ADOPTION OF ORDINANCE 991-2022 APPROVING DEVELOPMENT AGREEMENT NEBRINA BARSTOW LLC. COMMERCIAL CANNABIS APPLICATION
EXECUTIVE SUMMARY:

Staff requests that the City Council adopt Ordinance No. 991-2022 approving Nebrina Barstow LLC's application for a Commercial Cannabis Dispensary, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements.

DISCUSSION:

On November 8, 2016, the Control, Regulate, & Tax Adult Use of Marijuana Act (“AUMA”) was approved by California voters via Proposition 64. The AUMA permits local jurisdictions to regulate and/or ban adult use cannabis cultivation, distribution and delivery, transportation, manufacturing, testing laboratories, dispensaries, and microbusiness facilities.

In June 2021, the City Council passed Ordinance No. 974-2021 which added Chapter 19.27 to the Barstow Municipal Code to permit commercial cannabis activities in the City. The ordinance went into effect on July 7, 2021. On October 4, 2021, the City Council adopted Ordinance No. 977-2021, amending the City’s cannabis regulatory program ordinance.

All cannabis businesses must enter into a development agreement with the City that will be subject to Council approval through the adoption of an ordinance under Government Code Section 65865. This application came before the Planning Commission for review at its April 25, 2022 meeting as all land use permits and statutory development agreements must first be presented to the Planning Commission. The Planning Commission recommended approval.

At its June 20, 2022 meeting, the City Council introduced the ordinance approving the development agreement and related entitlements for this cannabis facility.

Fiscal Impact:

Nebrina Barstow LLC is proposing a yearly sum of $65,000 to the Community Benefit Program. A monthly operating fee of 3% (three percent) of gross receipts for operations in addition to a yearly application renewal fee of $14,107.85.

Application
Nebrina Barstow LLC is applying for a permit for a Commercial Cannabis Dispensary.

Applicant’s representative, Brandon Banks, will be the point of contact on the permit if issued for the City Council.

Applicant Information
Nebrina Barstow LLC is a Limited Liability Company. They do have a federal tax identification and are properly registered with the California Secretary of State. The company has the following corporate 18 Packet Pg. 140
Joint Special Council/BFPD
07/18/22 06:00 PM
Building
Christopher Heldreth
Ordinance
Doc ID: 5068

AGENDA ITEM
officers:

Chief Executive Officer - Brandon Banks
Chief Compliance Officer - Ashley Block
Members of the applicant group have no relevant criminal convictions listed on their permit application.

Members of the applicant group have no listed unfair business practices listed on their permit application.

Location Information
Nebrina Barstow LLC is a applying for a permit at 2795 Lenwood Rd. Barstow, CA 92311. APN #0428- 171-60-0000. The total square feet of each structure on the site is 3,188 square feet.

The applicant is not the owner of the property but has provided the City with a copy of the Landlord Use Disclosure & Authorization for a Cannabis Facility agreement between applicant and owner.

Acknowledgment of City Standards
The managing members of the applicant group have submitted a signed acknowledgment of the City’s Cannabis operating standards as set forth in the City’s Municipal Code.

Information and Release Form
The managing members of the applicant group have signed and consented to the release of information necessary for the City to verify and confirm the information contained in their permit application.

On-Site Member Contact Statement
The applicant has designated Brandon Banks as the on-site manager and the designated representative to whom the public or City can provide notice to if there are operating problems or issues related to the Cannabis Facility.

Conditional Use Permit
Applicant has submitted the required conditional use permit, including the following required documents:
seven sets of the plans in 24” x 36”, filing fees, notification packages, title report, existing site plan, proposed site plan, conceptual architectural renderings, conceptual landscape plan, and electronic copy of these plans, and any special studies as determined by the Community Development Department.

Environmental Information and Checklist
Applicant has submitted the required environmental information and checklist.

Security Plan
The applicant has submitted a security plan which contains: 24-hour security surveillance cameras, sensors, panic buttons, alarm system, 24-hour security personnel, and a lock system not solely controlled by an electronic access panel.
18 Packet Pg. 141
Joint Special Council/BFPD
07/18/22 06:00 PM
Building
Christopher Heldreth
Ordinance
Doc ID: 5068

AGENDA ITEM
DOJ Live Scans for Owners, Managers, Employees, Volunteers, and Security Personnel Applicant has submitted the required Department of Justice Live Scans for owners, managers, employees, volunteers, and security personnel.

Operations Plans
Applicant has submitted the required Operations Plan in accordance with the City’s Municipal Code. The following features are present in the Operations Plan: limiting access area, keeping cannabis and cannabis products in a secure manner, designating a security representative/liaison, a storage and transportation plan, cooperation with the City, and notification to Police Department with provisions.

Application Fees
Applicant has submitted the required application fees related to this permit application.

FISCAL IMPACT:

RECOMMENDED ACTION:

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF BARSTOW, CALIFORNIA APPROVING A CANNABIS LICENSE

APPLICATION FOR NEBRINA BARSTOW LLC AND DEVELOPMENT

AGREEMENT WITH NEBRINA BARSTOW LLC FOR A CANNABIS
DISPENSARY LOCATED AT 2795 LENWOOD ROAD, BARSTOW
WHEREAS, California voters approved Proposition 215 (Health and Safety Code Section 11362.5), entitled the Compassionate Use Act (CUA), in 1996, which exempts patients and their primary caregivers from criminal prosecution or sanctions under H&S Code Sections 11357 and 11358 for qualified use and cultivation of medical cannabis; and
WHEREAS, the California Legislature passed Senate Bill 420 (H&S Code Sections 11362.7 et seq.) in 2003 to create the Medical Marijuana Program (MMPA), which established a voluntary program for the issuance of medical cannabis identification cards for qualified patients, set limits on the amount of cannabis any individual could possess, and provided an exemption from state criminal liability for persons "who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes"; and WHEREAS, in November 2016, California voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA"), which established a state licensing and regulatory system for commercial cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery, or sale of recreational marijuana and marijuana products; and WHEREAS, on June 27, 2017, the Governor signed the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), consolidating the AUMA with previous state law regarding commercial medical marijuana activities to create one state licensing system for commercial activities related to medical and recreational marijuana; and
WHEREAS, both the AUMA and MAUCRSA authorize the City to further regulate or completely prohibit the establishment or operation of commercial marijuana activities within its limits, even such activities that may be licensed under state law; and WHEREAS, the City's power to regulate or completely prohibit commercial marijuana activities under the AUMA and MAUCRSA is consistent with the California Supreme Court's decision in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 7; and
WHEREAS, the California Attorney General's August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use recognizes that the cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that nearby homes or businesses may be negatively impacted by nuisance activity such as loitering or

18.a
Packet Pg. 143 Attachment: Ordinance 991-2022 Nebrina LLC (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) 2 crime; and
WHEREAS, the California Planning and Zoning Law (Gov. Code, § 65000 et seq.) authorizes the City to adopt and administer zoning laws, ordinances, rules, and regulations; and
WHEREAS, the City of Barstow passed Ordinance No. 974-2021 on June 7th 2021 to begin the process of allowing Cannabis sales; and WHEREAS, the City of Barstow passed Ordinance No. 977-2021 on October 4th 2021, adopting land use laws for Cannabis sales and requiring applicants to execute a development agreement with the City before beginning operation; and
WHEREAS, no cannabis business may operate in the City of Barstow unless first issued a permit by the City; and
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code section 65864 et seq. (the “Development Agreement Statute”), which authorizes the City and an individual with an interest in real property to enter into a development agreement that establishes certain development rights in real property that is subject to a development agreement application; and
WHEREAS, the proposed project is consistent with the Barstow General Plan and the California Environmental Quality Act; and
WHEREAS, Nebrina Barstow LLC proposes to improve, develop and use real property to operate a commercial cannabis dispensary (APN #0428-171-60- 0000) and has properly submitted a completed cannabis license application; and WHEREAS, City and the Nebrina Barstow LLC seek to enter into a development agreement for the Project (the “Development Agreement”) pursuant to the Development Agreement Statute and all applicable local and state laws; and
WHEREAS, the Planning Commission approved Resolution No. 561- 2022 finding that an ordinance approving the Development Agreement will allow the City to adequately regulate and address all impacts of the Project in the City in accordance with state law; and
WHEREAS, the City Council finds that the ordinance is in the best interest of the health, welfare, and safety of the public.

18.a
Packet Pg. 144 Attachment: Ordinance 991-2022 Nebrina LLC (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) 3 NOW THEREFORE, the City Council of the City of Barstow hereby ordains as follows:

Section 1. Incorporation of Recitals. The above set forth recitals and findings are true and correct and incorporated herein by reference, as if set forth herein in full.

Section 2. Finding Regarding the Development Agreement. Based upon the foregoing facts and findings for DA 3 the City Council hereby determines as follows:

A. DA 3 was reviewed and deemed correct and in compliance with Government Code Section 65865.2 and Chapter 19.46 of the Barstow Municipal Code; and B. DA 3, if approved, is in the best interests of the City because the commercial cannabis dispensary increases commercial vibrancy in the City; and, C. DA 3 is consistent with the actions, goals, objectives, and policies of the City's General Plan and Zoning Regulations because the project promotes local opportunities for commerce and engagement, and
D. The application to the City was made on forms approved, and contains all information required by the Director and is filed with the Department in compliance with Chapter 19.46; and
E. The application was accompanied by all lawfully required documents, materials, and information; and,
F. With the adoption of this ordinance and development agreement and notwithstanding the requirements in Chapter 19.46 of the Barstow Municipal Code and the City’s Zoning Regulations, the City Council approves the Proposed Project.

Section 3. Approvals. In view of all the evidence and based on the foregoing findings the City Council approves DA 3 and grants a Notice of Exemption for the Proposed Project, subject to the Conditions of Approval in Planning Commission Resolution No. 561-2022 Section 4. Authorization to Execute Development Agreement. Pursuant to Barstow Municipal Code Chapter 19.46, the City Council directs the City Manager and the City Attorney to prepare a development agreement embodying the terms and conditions of the Proposed Project as conditionally approved and authorizes the City Manager to execute the development agreement, which shall be substantially consistent with the proposed development agreement attached as Exhibit "A."
Section 5. CEQA. This ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines§§ 15060(c)(2), 15060(c)(3), 15061(b)(3) and

18.a
Packet Pg. 145 Attachment: Ordinance 991-2022 Nebrina LLC (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) 4 15378(b)(4). This ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; it does not involve a "project" as defined by CEQA Guidelines § 15378; and it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility this ordinance may have a significant effect on the environment. Further the City previously approved Ordinance No. 974-2021 on June 7, 2021 and Ordinance No. 977-2021 on October 4, 2021 and those Ordinances were exempt from CEQA under Business and Professions Code section 26055(h) which exempts from CEQA review the adoption of an ordinance, rule, or regulation, by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity. This Ordinance now acts to amend the Barstow Municipal Code as to procedural requirements.

Section 6. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

Section 7. Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.

Section 8. Construction. To the extent the provisions of the Barstow Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this ordinance, they shall be read as continuations of those earlier provisions and not as new enactments.

Section 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text.

18.a
Packet Pg. 146 Attachment: Ordinance 991-2022 Nebrina LLC (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) 5 PASSED, APPROVED AND ADOPTED this 18th day of July, 2022 __________________________________
Paul Anthony Courtney, Dr. B.A., 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. 991-2022, which was introduced at a regular meeting of the City Council of the City of Barstow held on the 20th day of June, and adopted at the regular meeting of the City Council of the City of Barstow on the 18th day of July 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Andrea Flores, City Clerk

18.a
Packet Pg. 147 Attachment: Ordinance 991-2022 Nebrina LLC (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) 0 0
CJ
LIC-877-CNB

COMMERCIAL CANNABIS BUSINESS

DEVELOPMENT AGREEMENT BETWEEN THE
CI1Y OF BARSTOW AND

NEBRINA BARSTOWLLC
cannabis Llclnle Appllc:atlon Page 15 ci 88
TIUS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this 17th day ofFebruary, 2022,
("Cityj and NRBRINA
(the "Execution Datej, by and between the CI1Y OF BARSTOW, a Califomia municipal corporation BARSTOW LLC ("Operator") and Youn Hee Kang ("Owner"), City, Operator, and Owner are sometimes n:fm:nced together herein as the "Parties." In instances when a provision hereof applies to each of
statement
the Parties individually, either may be Ieferenced BB a "Party." The Parties hereby jointly render the following as to the background facts and circumstances underlying this Ag:reemmt:

RICITAU
WHEREAS, the S1e of California enacted California Government Code Sections 65864 et seq. (''Development Agreement Statutes") to authorize municipalities to enter into development agreements with those having an interest in real property to strengthen the public planning process. encomagc private participation in comprehensive planning, 1111d reduce the economic risk of development in connectim with the development of real property within their jurisdiction; and
WHEREAS, the purpose of the Development Agreement Statutes is to authorize municipalities, in their changes in
discretion, to establish certain development rights in real property for a period of years regardless of intervening land use regulations, to vest certain rights in the Operator, and to meet certain public pmposcs of the local government; and
WHEREAS, as authorized by the Development Agreement Statutes, the City has adopted Ordinance No. 934-201 to add Barstow Municipal Code Chapter 19.46, establishing the procedures and requirements for the consideration of development agreements with the City; and WHEREAS, on November 8, 2016, California voters enacted Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act, also known as the Adult Use of Marijuana Act(" AUMA "}, which establishes a comprehensive sys1mn to legalize, cootrol, and regulate the cultivation, processing, manufacture, distnlrution, testing, and sale of nonmcdical caonabis, including cannabis products, for use by adults 21 yem and older, and to tax the growth and Idail sale of cannabis for nomncdical use; and Cannabis

WHEREAS,
Regulation and Safety
on June n, 2017, Governor Jerry Brown signed into law the Medicinal and Adult-Use Act ("MAUCRSA j, which creates a single regulatory scheme for both medicinal and adult-use cannabis businesses. MAUCRSA retains the provisions in MCRSA and AUMA that granted local jurisdictions c:ontrol over whether businesses engaged in Commercial Cannabis Activity may operate in a particular jurisdiction; and
WHEREAS, on June 7, 2021, the City Council of the City ofBmtow adopted Ordinance No. 974-2021 to permit commercial cannabis activities in the City; and
220 E Mountain Vl8W st. Ste A • Barstuw, CA m11 • (780) 255-6111 • Mre·11www.blndQwca. .....

18.b
Packet Pg. 148 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 149
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 150
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 151
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 152
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 153
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 154
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 155
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 156
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 157
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 158
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 159
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 160
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 161
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 162
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 163
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 164
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 165
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 166
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) 0 0
0 Llc-e77-cNB Cannabis llc:enae Appllcaflon Page 34 of 68 agents, employee.,, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting and acts or omissions of City as successor to any portions of the Property dedicatl!d or transferred to City by Operator, for any violation of any fedcml, state or local law, ordinance or rcgu]ation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Operator shall dc&nd, at its expense, including attorneys' fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defime of any such claim, action or proceeding. e. City to Approve Counsel. Wrth respect to Sections IS(a) through lS(d), City shall approve any counsel which Operator selects, hires, or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld
t Survival. The provisions ofSections 4(j), andSections IS(a)through IS(f) inclusive,shall survivethe temrination or expiration of the Agreement

16. California Environmental Quality Act
Operator shall reimburse City for any and all costs incurred by City related to project review under the California Environmental Quality Act (CEQA), Public Resources Code, §§21000-211893, and the Guidelines for California Environmental Quality Act, California Code of Regulations, Title 14, §§15000-15387. If reasonably requested by City, Operator shall conduct and pay for any required CEQA reviews and analyses.

17. Rules, Regulations, and Official Policies
Except as otherwise Jrovided in this Agreement, the rules, regulations, and official policies of City governing permitted uses of the land, governing density, and governing the design, improvements, and construction standards and specifications applicable to the development of the Project subject of this Agreement, shall be those rules, regulations, and official policies of City in force at the time of the execution of this Agreement This Agreement does not prevent City, in sub�t actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with 1hose rules, regulations, and policies applicable to the property as set forth herein, nor does this Agreement prevent City from denying or conditionally approving any subsequent development project application based on such existing or new rules, regulations, or policies.

18. Commercial Cannabis Permit Conditions of Approval
Operator shall comply with all conditions of approval of 1he City-issued Commercial Cannabis Permit and Conditional Use Permit

19. Periodic Reviews
This Agreement shall be subject to annual review. Operator and Landlord executing this Agreement, or successor in interest thereto, shall demonstrate good faith compliance with the terms of this Agreement U: as a result of such periodic review, City finds and determines, based on substantial evidence, that Operator or Landlord executing this Agreement, or successor in interest thereto,
terminate
has not complied in good faith with the terms or conditions of this Agreement, City may or modify this Agreement (except no modification shall increase Operator's liability nor reduce
terminate,
Operator's rights), provided that City shall first provide Operator notice of its intent to with a detailed explanation as to why, and provide Operator the reasonable right to cure 220 E llountaln View St. sta A • Bandow, CA 92311 • (760) 255-5111 • htp://www.bntoww,oralhome

18.b
Packet Pg. 167 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 168
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Uc-a77-CNB Cannabis License Application Page 38 of 68
g. Cost of Review. The costs incurred by City in connection with the periodic reviews shall be bome 0 by Operator.
0 0

20. Assignment
Assignmentby Operator.Operator shall nottransfer, delegate, sublet orassign its interest, rights, duties, and obligationsunderthis Agreementwithout the priorwritten consent oftheCityCouncil, which consentshall notbe unreasonablywithheld. Operator shallsubmit a transferapplication to the City Manager or CityManager's designec and pay anyapplicabletransfer fee. Theproposed transferee mustshowproofoflawfultransfer ofpossession ofthe applicable location as may be acceptable to the City Council.Operator is aware itmay take the City approximately six (6) months to process a transfer application.

Anyassignment, delegation, subletting orassignment without the prior written consent ofCity Council shall be null and void. Anytransfer, delegation, subletting orassignmentby Operator as authorizedherein shall be effective only ifand upon the party to whom suchtransfer, delegation, subletting. orassignment is made is issued a Commercial Cannabis Permit as � 1D1dcr the Barstow
Municipal Code.

21.Operating Commercial Cannabis Facility
Any
cannabis
party to this Agreement, or successor in interest thereto, shall not operate a commercial facility authorized under the municipal code unless:
a.
procedures
It is the holder of a valid Commercial Cannabis Permit issued by City in accordance with the and rcquircments or the Enabling Ordinance, and Chapter 19.27 of the Barstow Municipal Code; and,
b. It is the holder of a valid license issued by the State of California to operate a commercial cannabis business.

22. Notice
Any notice or connnunication required hereunder between City and Operator must be in writing, and may be given either personally, by registered or certified mail (return receipt requested}, or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designat.ed below as the party to whom notices arc to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days writtai notice to the other Party communication
hereto, designate any other address in substitution of the address to which such notice or shall be given. Such notices or COJDroimications shall be given to the Parties at their addresses set forth below:
220 E Mountain VI• St. Sta A• Blndow, CA m11 • (760) �161 • https:/fwww.bntowq.org1hom9

18.b
Packet Pg. 169 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) 0 0
UC-877-CNB
If to City: City of Barstow 220 E.

Mountain View Street, CA 92311
Attention: City Manager
and
City Attorney
790 E. Colorado Boulevard
Suite 850
Pasadena, California 91101
If to Operator:

Nebrina Barstow LLC
1940 Blake Street#201
Denver, CO 80202
Cannabis Llatnle Application Page 37 of 68

23.Miscellaneous Provisions
L Amendment or Cancellation. This Agreementmaybe amended, or canceledin whole orin part, onlyby thewritten mutual consent ofthe parties to this Agreementortheir successors in interest, exceptthose minoramendments that do notaffect a substantiveprovision ofthis Agreementmay be approvedby the CityCouncil.The decision whether a propoR.d amendment is"minor' shall be in the exclusivediscretion ofthe CityManager.
b. Waiver. Waiver by City of any one or more of the terms or conditions of this Agreement sball not be construed as waiver of any other term or condition under this Agreement c. Enforcement/Reserved Powers. Unless amended or canceled pursuant hereto, this Agreement sball be enforceable by any party hereto, or successor in interest thereto, notwithstanding any subsequent change in any applicable general or specific plan, mning, subdivision or building regulation, or municipal code amendment adopted by City that conflicts with the terms of this Agreement However, this Agreement is subject to the City's "Reserved P<>WeIB." For purposes of this Agreement, "Reserved Powers" means the rights and authority excepted from this Agreement's Powers
restrictions
include
on the
the
City's
powers
police
to enact
powers
regulations
and which
or
are
take
instead
future discreti
reserved
onary
to the
actions
City. The
after
Reserved
the
Effi:ctive Date of this Agn:ementthat (1) arc necessary to protl:ctthe public health and safety, and are generally applicable on a City-wide basis (except in the event of natural disasters as found by California
the City Council
Cannabis
such as floods, earthquakes and similar acts of God); (2) are amendments to Laws or California Uniform Codes, as adopted by the City of Barstow, and/or the
standards
Barstow Municipal Code, as applicable, regarding the construction, engineering and design for private and public improvements to be constructed on the Site; (3) are necessary to comply with state or federal Jaws and regulations; or (4) involve sign and parking ordinances and guidelines, changes to the City's 7Dning Jaws, Specific Plan or the City's General P1an, whether adopted previous or subsequent to the Effective Date of this Agreement). 220 E Mountain Vlaw St. 9ta A• ear.tow, CA 92311 • (780) 255-6161 • htlp://www.barstoM;p-9m(hom1

18.b
Packet Pg. 170 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 171
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 172
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) 0 0
0 UC-877-CNB
iv)
Cannabis Llcanse Appllc:alion Pag9 40 of 88
determine theexactnatme oftheamendment necessitatedby suchfederal orstate law or regulation. Operatorshall have the right to offeroral and writtentestimonyat the hearing.

Any modificationordcml bythe CityCouncilpumuant to such hearing issubjectto judicial review inaccordance withCalifornia law.

Minor
material
Amendments.A minor modification is a modificationthat does notmodify the terms ofthis Agreement including(1) the Term; (2)FacilityOperations; (3) Indemnification;and (4) Fees.MinorModifications shall not requirea publichearingprior to execution ofthemodification to this Agreement.EitherPartymay propose a minor modification, consentto whichshall not be unreasonablywithheld,conditionedor delayed by the other Party. Uponthe writtenrequest ofDeveloperfur a modification to this Agreement, the CityCouncil shall detmnine: (1) whether, in its reasonablejudgment, the requesu:d modificationconstitutes a minor modification as definedherein; (2) whetherthe requested modification isconsistentwith applicable law (other
reasonable
thanthat portion ofthis Agreement soughttobe modified); and (3) whether,in its judgment, therequested modificationtmdstopromotethegoals ofthis Agreemenl If the CityCouncil dC'ffl'Olin�that the requested promote
modification isminor modification that isconsistentwithapplicable law andtendsto thegoals ofthis Agreement,theproposedmodification willbe approved by the Cityas a minormodification, and a written modificationwill beexecutedbytheParties and attachedto this AgR:emeDt Any such minormodificationshall not be deemed an "amendment"to thisAgreement 1D1derGovernmentCode Section 65858. v) City
licenses
Cooperation.
or other authom.ations
The City shall
that
cooperate
may be
with
required
Operator
as a result
in securing
of any
any
amendment
City permits,
resulting
responst"ble
from actions initiated by the City. As required by this Agreement, Operator shall be to pay alt applicable fees in cormection with securing of such permits, licenses, or other authoriz.ations.
o. Effective Date. "Effective Date" means the date on which all of the following are true: (i) thirty (30) days have elapsed since the second reading of the Ordinance adopting and approving this Development Agreement and (it) all Exlnl,its to this Agreement are finaliml, P.Xecuted and notariud by all affected parties (if applicable) and attached hereto; provided, however, that if these conditions have not been fully satisfied by the Operator the Effective Date may not thereafter occur and this Agreement may not thereafter become effective.

IN WITNF.SS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
[INSERT SIGNATIJRE PAGF.S FOR CITY, OWNER, AND OPERATOR] 220 E Mountain VJaw St. sta A • Barstow, CA 92311 • (780) 255-5161 • htlps://www,bntowq nrgfhpm•

18.b
Packet Pg. 173 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 174
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

EXHIBIT A

LEGAL DESCPRIPTION

18.b
Packet Pg. 175
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 1 ends

@ExtractStart@
Orange Coast Title Company of Southern California - Inland Empire Division
1845 Business Center Drive, Suite 218
San Bernardino, CA 92408
909-825-8800

PRELIMINARY REPORT
Cimarron Escrow
13911 Park Avenue., Suite 110-A
Victorville, CA 92392
Attention: Rachel Gordon Your no.: 162642-RG
Property address: 2795 Lenwood Road, Barstow, CA 92311 Order no.: 210-2294032-10 Dated: December 7, 2021
In response to the above referenced application for a policy of title insurance, Orange Coast Title Company of Southern California - Inland Empire Division hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.

The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner’s Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B.

Copies of the policy forms should be read. They are available from the office which issued this report.

Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the terms of the title insurance policy and should be carefully considered.

It is important to note that this preliminary report is not a written representation as the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.

This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.

Dated as of November 30, 2021 at 7:30 AM
_____________________________________________________
Cynthia Kack, Title Officer
Ph: 909-825-8800
Email: [email protected]

18.b
Packet Pg. 176 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 2 ends

The form of policy of title insurance contemplated by this report is:

C.L.T.A. Standard Coverage Policy - 1990 (Owners Policy or Joint Protection) See attached disclosure.

Schedule “A”
The estate or interest in the land hereinafter described or referred to covered by this report is:

A Fee
Title to said estate or interest at the date hereof is vested in:

Youn Hee Kang, an unmarried woman
The land referred to in this report is situated in the City of Barstow, the County of San Bernardino, State of California, and is described as follows:

Parcel 3 of Parcel Map 12850, in the City of Barstow, County of San Bernadino, State of California, as per Map on file in Book 145, Pages 93 to 94 and amended in Book 181 Pages 68 to 69 of Maps, in the office of the County Recorder of said County.

Except thereform all oil, gas, minerals, and other hydrocarbon substances minerals, metals and geothermal resources lyng within and under that portion of the land herein conveyed which lies below a depth of 500 feet from the present surface and top 500 feet of the subsurface of said land, without any right to enter upon or into the surface and top 500 feet of the subsurface of said land, recorded March 23, 1988 as Instrument No. 88-086373, Official Records.

Assessor's Parcel Numbers(s): 0428-171-60-0-000

18.b
Packet Pg. 177 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 3 ends

Schedule “B”
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows:
1 General and Special taxes for the fiscal year 2021-2022, including any assessments collected with current taxes.

Total amount $19,020.55
1st installment $9,510.28, Open
Penalty $951.03 (after 12/10/2021)
2nd installment $9,510.27, Open
Penalty $961.03 (after 04/11/2022)
Code area 009027 - City of Barstow
Parcel No. 0428-171-60-0-000
Exemption $None Shown
2 The Lien of future supplemental taxes, if any, assessed pursuant to the provisions of section 75, et seq of the revenue and taxation code of the State of California
3 An easement for purposes herein stated, as shown on or dedicated by the map of said tract For : ingress, egress, Public utilities and drainage easement and incidental purposes Affects : the Southerly and Easterly 15 feet of said land Recorded: in Book 145, Page(s) 93-94 of Maps
4 An easement for purposes herein stated, and rights incidental thereto as set forth in an instrument Recorded: 05/31/1990, as Instrument No. 1990-212583, of Official Records.

For: construction and maintenace of a sewer pipeline and incidental purposes Affects: The location of said easement is set forth therein. 5 An easement for purposes herein stated, and rights incidental thereto as set forth in an instrument Recorded: 06/01/1990, as Instrument No. 1990-215578, of Official Records.

For: construction and maintenace of a sewer pipeline and incidental purposes Affects: The location of said easement is set forth therein. 6 An instrument, upon the terms and conditions contained therein Entitled: Restrictive Convenant for Off-Site Parking
Dated: 05/20/1997
Executed by and between: P.G.M.C. Partnership, a California general partnership (the "PGMC") and City of Barstow (the "City"), a California muncipal corporation
Recorded: 05/29/1997, as Instrument No. 1997-190932 of Official Records 7 An instrument, upon the terms and conditions contained therein Entitled: Landlord's Consent
Dated: 03/01/2001
Executed by and between: Beck Oil, Inc., a California corporation andWilliam Kang Recorded: 03/27/2001, as Instrument No. 2001-111900 of Official Records 8 The fact that said land is within the boundaries of the Barstow Redevelopment Agency Redevelopment Area, as disclosed by an instrument recorded 10/25/2007, as Instrument No. 2007-600666, Official Records. 9 A Deed of Trust to secure the indebtedness of
Amount: $660,000.00
Trustor: Youn Hee Kang
Trustee: Stewart Title of California, a corporation
Beneficiary: Mortgage Capital Development Corporation
Dated: 12/21/2007
Recorded: 01/14/2008 as Instrument No. 2008-15822 of Official Records

18.b
Packet Pg. 178 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 4 ends

The beneficial interest under said Deed of Trust was assigned To: Small Business Administration, an agency of the United States Government By Assignment Recorded: 01/14/2008, as Instrument No. 2008-15823, Official Records. 10 A fixture filing recorded 01/16/2008 as Instrument No. 2008-21741, of Official Records.

Dated: None Shown
Debtor: Youn Hee Kang
Secured party: Small Business Administration
11 An instrument, upon the terms and conditions contained therein Entitled: Third Party Lender Agreement
Dated: 12/21/2007
Executed by and between: Mirae Bank and The Mortgage Capital Development Corporation Recorded: 01/17/2008, as Instrument No. 2008-23599 of Official Records 12 Rights of parties in possession of said land by reason of unrecorded leases, if any. Please forward said leases for our examination.
13 Any easement or lesser right, for the purposes herein stated, including incidental purposes, disclosed by a survey, inspection, or inquiry
For: Concrete driveway and landscape encroachment over street property Affects: A 5 feet concrete driveway of said land.
14 Any facts, rights, interest or claims which may be shown by an inspection of the land or which may be disclosed by inquiry of persons in possession of said land.
15 The effect of documents, proceedings, liens, decrees or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. The name search necessary to ascertain the existence of such matters has not been completed and will require a statement of information from all parties involved in this transaction.

End of Schedule B

18.b
Packet Pg. 179 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 5 ends

“NOTES AND REQUIREMENTS SECTION”

ORANGE COAST TITLE COMPANY

OF SOUTHERN CALIFORNIA
NOTE NO. 1

AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT NOTICE This is to give you notice that Orange Coast Title Company is a shareholder in Orange Coast Title Company of Southern California and Orange Coast Title Company owns an interest in Real Advantage Title Insurance Company. This underwriter may be chosen by Orange Coast Title Company of Southern California and this referral may provide Orange Coast Title Company a financial or other benefit.

You are NOT required to use the listed provider as a condition for settlement of your loan or purchase, sale or refinance of the subject property and you have the opportunity to select any of the Orange Coast Title Company of Southern California title insurance underwriters for your transaction. THERE ARE

FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING

THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES
Notes section continued on next page…

18.b
Packet Pg. 180 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 6 ends

NOTE NO. 2
California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003, provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained.

NOTE NO. 3 PAYOFF INFORMATION:

Note: this company does require current beneficiary demands prior to closing.

If the demand is expired and a correct demand cannot be obtained, our requirements will be as follows:

A. If this company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment.

The amount of this hold will be over and above the verbal hold the lender may have stipulated.

B. If this company cannot obtain a verbal update on the demand, will either pay off the expired demand or wait for the amended demand, at the discretion of the escrow.

C. In the event that a payoff is being made to a servicing agent for the beneficiary, this company will require a complete copy of the servicing agreement prior to close.

NOTE NO. 4
If this company is requested to disburse funds in connection with this transaction, chapter 598, statutes of 1989 mandates hold periods for checks deposited to escrow or sub-escrow accounts. The mandatory hold is one business day after the day deposited. Other checks require a hold period from three to seven business days after the day deposited.

Notice Regarding Your Deposit of Funds
California Insurance Code Sections 12413 et. Seq. Regulates the disbursement of escrow and sub-escrow funds by title companies.

The law requires that funds be deposited in the title company escrow and sub-escrow accounts and be available for withdrawal prior to disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt. Funds deposited with the Company via cashier’s checks drawn on a California based bank may be disbursed the next business day after the day of deposit. If funds are deposited with by other methods, recording or disbursement may be delayed. All escrow and sub-escrow funds received by the Company will be deposited with other funds in one or more non-interest bearing escrow accounts of the Company in a financial institution selected by the Company. The Company and/or its parent company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and the Company shall have no obligation to account to the depositing party in any manner for the value of, or to pay such party, any benefit received by the Company and/or its parent Company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the Company and/or its parent company and earnings on investments made on the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the Company for its services in connection with the escrow or sub-escrow.

18.b
Packet Pg. 181 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 7 ends

Orange Coast Title Company of Southern California -
Inland Empire Division
1845 Business Center Drive, Suite 218
San Bernardino, CA 92408
909-825-8800
Attention:

Borrower: Nebrina Holdings, LLC
Lenders supplemental report
The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association loan policy form as follows:

A. This report is preparatory to this issuance of an American Land Title Association loan policy of title insurance. This report discloses nothing, which would preclude the issuance of said American land title association loan policy of title insurance with endorsement no. 100 attached thereto.

B. The improvements on said land are designated as:

A commercial property known as
2795 Lenwood Road, in the City of Barstow, County of San Bernardino, State of California.

C. Our search of the public records revealed conveyance(s) affecting said land recorded within 24 months of the date of this report are as follows:

None.

18.b
Packet Pg. 182 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 8 ends

Attention
Please note that this preliminary report now has an extra copy of the legal description on a separate sheet of paper. There are no markings on the page. The idea is to provide you with a legal description that can be attached to other documents as needed. That legal description page immediately follows this page.

Thank you for your support of Orange Coast Title Company of Southern California - Inland Empire Division. We hope that this makes your job a little easier.

18.b
Packet Pg. 183 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 9 ends

Exhibit “A”
Parcel 3 of Parcel Map 12850, in the City of Barstow, County of San Bernadino, State of California, as per Map on file in Book 145, Pages 93 to 94 and amended in Book 181 Pages 68 to 69 of Maps, in the office of the County Recorder of said County.

18.b
Packet Pg. 184 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 10 ends

CLTA Preliminary Report Form – Exhibit B (06-03-11)
CLTA STANDARD COVERAGE POLICY – 1990
EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.

3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.

4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.

5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.

6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.

EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.

4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.

6. Any lien or right to a lien for services, labor or material not shown by the public records.

CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02/03/10)

EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:

1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a.building, b. zoning, c.land use d. improvements on the Land, e.land division; and ,f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.

2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.

3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.

4. Risks: a. that are created, allowed, or agreed to by You, whether or not they recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e, 25, 26, 27, or 28.

5. Failure to pay value for Your Title.

6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21.

7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws.

LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.

The deductible amounts and maximum dollar limits shown on Schedule A are as follows:

Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1 % of Policy Amount shown in Schedule A or $ 2,500 (whichever is less) $ 10,000 Covered Risk 18: 1 % of Policy Amount shown in Schedule A or $ 5,000 (whichever is less) $ 25,000 Covered Risk 19: 1 % of Policy Amount shown in Schedule A or $ 5,000 (whichever is less) $ 25,000 Covered Risk 21: 1 % of Policy Amount shown in Schedule A or $ 2,500 (whichever is less) $ 5,000 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * improvements on the land * land division * environmental protection. This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.

2. The right to take the land by condemning it, unless: *a notice of exercising the right appears in the public records *on the Policy Date *the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking

3. Title Risks: *that are created, allowed, or agreed to by you *that are known to you, but not to us, on the Policy Date -- unless they appeared in the public records *that result in no loss to you *that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks

4. Failure to pay value for your title.

5. Lack of a right: *to any land outside the area specifically described and referred to in Item 3 of Schedule A OR *in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:

1. (a) Any law, ordinance or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims or other matters:(a)created, suffered, assumed or agreed to by the Insured Claimant; (b)not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14);or(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state in which the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth in lending law.

6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b):

EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:

1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2.Any facts, rights, interests or claims which are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.

5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records.

6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER’S POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

18.b
Packet Pg. 185 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 11 ends

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to: (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (IV) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;(c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.

4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.

5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.

The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees or expenses) that arise by reason of:

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.

6. Any lien or right to a lien for services, labor or material not shown by the public records.

ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including but not limited to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) the subdivision of the land; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risks 5, 6, 13(c), 13(d), 14, and 16.(b) Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risks 5, 6, 13(c), 13(b), 14, and 16.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims or other matters (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;(c) resulting in no loss or damage to the Insured Claimant;(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 26); or (e)resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured to comply with applicable doing-business laws of the state in which the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth in lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26.

6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6..

8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.

9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.

18.b
Packet Pg. 186 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 12 ends

Orange Coast Title Company of Southern California - Inland Empire Division

PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information – particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information that you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information.

Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity.

Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
x Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means.
x Information we receive from providers of services to us, such as appraisers, appraisal management companies, real estate agents and brokers and insurance agencies (this may include the appraised value, purchase price and other details about the property that is the subject of your transaction with us). x Information about your transactions with us, our Affiliated Companies, or others; and x Information we receive from a consumer reporting agency.

Your California Rights (immediately following this Privacy Policy) or you may visit our website at https://www.titleadvantage.com/privacypolicy.htm or call toll-free at (866) 241-7373. Only applies to CA residents
Use of Information
We request information from you for our own legitimate business purposes and not for benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis.

Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.

Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.

Other Important Information
We reserve the right to modify or supplement this Privacy Policy at any time. If our Privacy Policy changes, we will provide the new Privacy Policy before the new policy becomes effective.

Last Revision 12/26/2019
Effective on 1/01/2020

18.b
Packet Pg. 187 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 13 ends

Your California Rights
If you are a California resident, you may have certain rights under California law, including but not limited to the California Consumer Privacy Act ("CCPA"). All phrases used herein shall have the same meaning as those phrases used under relevant California law, including but not limited to the CCPA.

Right to Know
You have the right to know:
x The categories of personal information we have collected about or from you; x The categories of sources from which we collected your personal information; x The business or commercial purpose for collecting or sharing your personal information; x The categories of third parties with whom we have shared your personal information; and x The specific pieces of your personal information we have collected.

Process to Submit a Request. To submit a verified request for this information you may visit our website at https://www.titleadvantage.com/privacypolicy.htm or call toll-free at (866) 241-7373. You may also designate an authorized agent to submit a request on your behalf by visiting our website https://www.titleadvantage.com/privacypolicy.htm or calling toll-free at (866) 241-7373 and then also submitting written proof of such authorization via e-mail to [email protected].

Verification Method. In order to ensure your personal information is not disclosed to unauthorized parties, and to protect against fraud, we will verify your identity before responding to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the personal information requested, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you and/or requiring you to sign a declaration under penalty of perjury.

Right of Deletion
You have a right to request that we delete the personal information we have collected from or about you.

Process to Submit a Request. To submit a verified request to delete you information you may visit our website at https://www.titleadvantage.com/privacypolicy.htm or call toll-free at (866) 241-7373. You may also designate an authorized agent to submit a request on your behalf by clicking here or calling toll-free at (866) 241-7373 and then also submitting written proof of such authorization via e-mail to [email protected].

Verification Method. In order to ensure we do not inadvertently delete your personal information based on a fraudulent request, we will verify your identity before we respond to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the personal information requested to be deleted, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you and/or requiring you to sign a declaration under penalty of perjury.

Right to Opt-Out
We do not sell your personal information to third parties, and do not plan to do so in the future.

Right of Non-Discrimination
You have a right to exercise your rights under the CCPA without suffering discrimination. Accordingly, OC Title & family of Companies will not discriminate against you in any way if you choose to exercise your rights under the CCPA.

California Minors
If you are a California resident under the age of 18, California Business and Professions Code § 22581 permits you to request and obtain removal of content or information you have publicly posted on any of our Applications or Websites. To make such a request, please send an email with a detailed description of the specific content or information to [email protected]. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and there may be circumstances in which the law does not require or allow removal even if requested.

Collection Notice
The following is a list of the categories of personal information we may have collected about California residents in the twelve months preceding the date this Privacy Notice was last updated, including the business or commercial purpose for said collection, the

18.b
Packet Pg. 188 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 14 ends

categories of sources from which we may have collected the personal information, and the categories of third parties with whom we may have shared the personal information:

Categories of Personal Information Collected
The categories of personal information we have collected include, but may not be limited to:
x real name
x Signature
x Alias
x SSN
x physical characteristics or description,
including protected characteristics
under federal or state law
x address
x telephone number
x passport number
x driver's license number
x state identification card number
x IP address
x policy number
x file number
x employment history
x bank account number
x credit card number
x debit card number
x financial account numbers
x commercial information
x professional or employment
information
Categories of Sources
Categories of sources from which we've collected personal information include, but may not be limited to:
x the consumer directly
x public records
x governmental entities
x non-affiliated third parties
x affiliated third parties
Business Purpose for Collection
The business purposes for which we've collected personal information include, but may not be limited to:
x completing a transaction for our Products
x verifying eligibility for employment
x facilitating employment
x performing services on behalf of affiliated and non-affiliated third parties x protecting against malicious, deceptive, fraudulent, or illegal activity Categories of Third Parties Shared
The categories of third parties with whom we've shared personal information include, but may not be limited to:
x service providers
x government entities
x operating systems and platforms x non-affiliated third parties x affiliated third parties
Sale Notice
We have not sold the personal information of California residents to any third party in the twelve months preceding the date this Privacy Notice was last updated, and we have no plans to sell such information in the future. We also do not, and will not sell the personal information of minors under sixteen years of age without affirmative authorization.

Disclosure Notice
The following is a list of the categories of personal information of California residents we may have disclosed for a business purpose in the twelve months preceding the date this Privacy Notice was last updated. x real name
x Signature
x Alias
x SSN
x physical characteristics or description,
including protected characteristics
under federal or state law
x telephone number
x passport number
x driver's license number
x state identification card number
x IP address
x policy number
x file number
x bank account number
x credit card number
x debit card number
x financial account numbers
x commercial information
x professional or employment
information

18.b
Packet Pg. 189 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 15 ends

x address x employment history
If you have any questions and/or comments you may contact us:

Call Us at our toll free number (866) 241-7373
Email Us at [email protected]
Mail:

Orange Coast Title
Attn: Privacy Officer
1551 N. Tustin Ave., Ste. 300
Santa Ana, CA 92705
Effective on 1/1/2019
Revised on 12/23/2019
\actEnd@

18.b
Packet Pg. 190 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 16 ends

Orange Coast Title Company of
Southern California - Inland
Empire Division
1845 Business Center Drive, Suite 218
San Bernardino, CA 92408
909-825-8800
OWNER’S AFFIDAVIT
State of California } S.S. Order No.: 210-2294032-10
County of ___________________
The undersigned, ________________________________________________________________________________, (owner’s name) being first duly sworn, depose and say as follows:

1. That the undersigned is/are the owner(s) of certain real property situated in the City of Barstow, County of San Bernardino and State of California, commonly known as 2795 Lenwood Road and more particularly described in Schedule “A” attached hereto (the “Property”):

2. That within the last ninety (90) days, including the date hereof, no person, firm or corporation has furnished any labor, services or materials in connection with the construction or repair of any buildings, fixtures or improvements on the Property, EXCEPT (if work has been performed or materials furnished within the last (90) days, please explain fully and state whether payment for the same has been made in full): _________________________________________________________.

3. That there are no present tenants, lessees or other parties in possession or who have a right to possession of said Property, EXCEPT: (if none, state “None”) __________________________________________________________________________.

4. That the undersigned has/have no knowledge of any taxes or special assessments which are not shown as existing liens by the public records other than as follows: ________________________________________________________________________.

5. That the taxes for Installment ___ of fiscal year ______ are paid. Installment ___ of fiscal year ______ is not yet due.

6. That the undersigned has/have no knowledge of, nor has/have the undersigned created, any violations of any covenants, restrictions, agreements, conditions or zoning ordinances affecting the Property.

7. That Property is free of all liens, taxes, encumbrances and claims of every kind, nature and description whatsoever, except for the following mortgages or deeds of trust;
_______________________________________________________________________ and except for real estate and personal property taxes for Installment ___ of fiscal year ______ and subsequent years.

8. That there are no mechanic’s, materialmen’s or laborer’s liens against the above described Property, nor is any party entitled to assert any mechanic’s, materialmen’s or laborer’s liens against the Property.

9. That there are no unrecorded leases or agreements affecting the Property, other than the Agreement of Sale between the undersigned and ____________________________________________ as purchasers of the Property dated _______________.

10. That there are no open, unexercised options to purchase or rights of first refusal to purchase the Property.

11. That no judgment or decree has been entered in any court of this State or the United States against the undersigned and which remain unsatisfied, EXCEPT ______________________________________________________________________________.

12. The undersigned further state(s) that he/she/they are each familiar with the nature of an oath; and with the penalties under the laws of the state for making false statements in any instruments of this nature. The undersigned further certify(ies) that they have read, this affidavit, or have had it read to them, and understand its context.

18.b
Packet Pg. 191 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 17 ends

13. That I/WE have made this Affidavit for the purpose of inducing Orange Coast Title Company of Southern California - Inland Empire Division to issue one or more policy(ies) of title insurance insuring interests in the Property, and that said title company is relying on the statements set forth in this Affidavit in issuing said policies, free and harmless from and against any and all actions, causes, of action, loss, cost, expense, or damages that may be brought against or suffered or incurred by Orange Coast Title Company of Southern California - Inland Empire Division or its underwriters, in relying on the truth and accuracy of the statements contained herein.

By:

Name:

By:

Name:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

State of California } S.S. County of _______________
On _______________________________, before me, ___________________________________________________________, personally appeared _______________________________________________________________________________________ _______________________________________________________________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed this instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS MY HAND and OFFICIAL SEAL
Signature: ____________________________
(Notary Seal)

18.b
Packet Pg. 192 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 18 ends

18.b
Packet Pg. 193 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 19 ends

Orange Coast Title Company of
Southern California - Inland
Empire Division
1845 Business Center Drive, Suite 218
San Bernardino, CA 92408
909-825-8800

DECLARATION OF OCCUPANCY
(Loan Transaction)
The undersigned, _________________________________________________________________________, (owner’s name) depose(s) and say(s) as follows:

1. The undersigned is/are the owner(s) of certain real property situated in the City of Barstow, County of San Bernardino and State of California, commonly known as 2795 Lenwood Road, herein referred to as “Property”:

2. The undersigned is/are obtaining a loan from ________________________________________________ to be secured by a Deed of Trust against the Property, which is the subject of this transaction.

3. The undersigned currently occupy the Property as the undersigned’s principal address, and intend to continue to occupy the same as the undersigned’s principal residence following the close of this transaction.

4. The undersigned understand(s) that Orange Coast Title Company of Southern California - Inland Empire Division is relying on this information in calculating the recording fees for all real estate instruments, papers, and notices recorded in connection with this transaction in accordance with California Government Code §27388.1(a)(2).

5. The undersigned agree(s) to indemnify and hold Orange Coast Title Company of Southern California - Inland Empire Division harmless from and against, and to pay any additional recording fees and/or penalties arising out of, or in connection with, the inaccuracy of the information set forth herein.

The undersigned declare(s) under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this Declaration was executed on _____________, at ______________________, ___________.

By: By:

Name: Name:

18.b
Packet Pg. 194 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Order No. 210-2294032-10

Page 20 ends

STATEMENT OF FACTS

CONFIDENTIAL INFORMATION FOR YOUR PROTECTION
This statement is to be signed personally by each party to the transaction and by both husband and wife, or domestic partner before title insurance can be written. When filled in completely it will serve to establish identity, eliminate matters affecting persons of similar name, protect you against forgeries, and speed the completion of your transaction.

MY FULL NAME (First, Middle, Last)______________________________________Date of Birth :__________________ Business Ph: _____________________ Home Ph: ____________________ Birthplace: __________________________ SS# _______________Driver’s License No._____________ Expiration Date __________ State Issued______________ I have lived continuously in the USA since: ____________________________________________________________ Full name of spouse/domestic partner: (First, Middle, Last) - Spouse/domestic partner’s Birthplace: __________________________________ Date of Birth: ______________________ Spouse/domestic partner’s SS# _______________________ I have lived continuously in the USA since: ______________ We were married/legally joined on : _______________________________ at __________________________________ Spouse/domestic partner’s maiden name: ________________________________________________________________ RESIDENCES & OCCUPATIONS DURING PAST 10 YEARS
Street_____________________________________City_________________From___________to_________ Street_____________________________________City_________________From___________to_________ Street_____________________________________City_________________From___________to_________

OCCUPATIONS
(Husband/Domestic partner) Firm Name: _______________________________________ Location: __________________ Firm Name: _______________________________________ Location: __________________ Firm Name: _______________________________________ Location: __________________ (Wife/Domestic partner) Firm Name: _______________________________________ Location: __________________ Firm Name: _______________________________________ Location: __________________ (If no former marriage/union, write “none” Otherwise complete the following) Any Former Name of former wife/domestic partner: __________________________________________________________________ Marriages Deceased: ____ Divorced: ____ Interlocutory: ____ Final: _____ When: __________ Where: ______________________ (check one item - Name of former husband/domestic partner: _______________________________________________________________ fill in date & place) Deceased: ____ Divorced: ____ Interlocutory: ____ Final: _____ When: __________ Where: ______________________ There are no leases, defects, encumbrances, adverse claims, or other matters affecting said property other than as Shown on the Preliminary Report prepared by: _____________________________________________________ Bearing the above referenced order number dated: __________________________________________________ There is no-one in possession or entitled to possession of said property other than the Vestee shown in said Preliminary Report except: _____________________________________________________________________ There is no work of improvement in progress and no such work has been completed within one year of this date:
(Circle One) YES NO
The Street address of the property in this transaction is:__________________________________________________________________________ Single Family Residence: ________ Multiple Residence: _________ Commercial: _________ Vacant Land: ________ Occupied By: Owner: ___________ Lessee: ___________________ Tenants: ____________ Is any portion of new loan funds to be used for construction? (circle one) YES NO The subject of this Statement of Identity, assumes full responsibility for any and all discrepancies, and agrees to hold harmless the recipient herein from any losses sustained by relying on such information.

Date: __________________________ ________________________________________________________ (Signature)
Order No: 210-2294032-10 ________________________________________________________ (Signature)

18.b
Packet Pg. 195 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

EXHIBIT
B

PARCEL MAP

18.b
Packet Pg. 196 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

EXHIBIT
C

SITE AND FLOOR PLANS

18.b
Packet Pg. 198 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

LENWOOD RD

PROPERTY LINE

MERCANTILE WAY
2625
11 27
27 21
21 4
4 4
4 27
13 TYP.
20 18
22 14
18 8
5 7
6 19 9
27 15
TYP.
16 16
19 24
1 23
24 21
2 12
17 8
6 4
PROPERTY LINE 1
1 1
3 3
3 10
16 ADJACENT LOT NOT IN SCOPE
7'-3"
5'-0"

EXISTING FUEL STATION
CANOPY
(NOT IN SCOPE)
9'-0"TYP
20'-9" TYP.
9'-0" TYP.
18'-0" TYP.
38'-11"
29'-10"
31'-7"
5'-0"
4'-0"
12'-2"
18'-0"TYP
9'-0"

EXISTING BUILDING
(PROPOSED PROJECT AREA)
2,234 SF

ADJACENT TENENT
(NOT IN SCOPE)
958 SF
N
1 EXISTING SITE PLAN 3/32"=1'-0"

S H E E T
sheet plotted:
drawing file name:
w:\projects\one-off\barstow 2795 lenwood\design\licensing Jan/26/2022 @ 9:49 AM package\a1.0 site plan.dwg A1.0

EXISTING SITE PLAN
ADDRESS:

VICINITY MAP
2795 LENWOOD RD., BARSTOW CA 92311
APN: 428-171-60
TOTAL BUILDING SF: 3,192 SF (GROSS), 2,234 SF (NEBRINA), 958 SF (EXISTING GAS STATION)

PROJECT INFORMATION

ZONING COMMERCIAL (C)
TOTAL LOT SF: 32,251 SF (.74 ACRES)
BUILDING COVERAGE: 10% EXISTING COVERAGE

KEYNOTES
1 EXISTING WATER METER TO REMAIN
2 3
4 567
89 10

EXISTING PROPERTY LINE TO REMAINEXISTING BUILDING SIDEWALK TO REMAIN

EXISTING PARKING LIGHT TO REMAINEXISTING WATER/AIR PUMP STATION

EXISTING PARKING STALLSEXISTING ADA LOADING ZONE TO BE RELOCATEDEXISTING ACCESSIBLE PARKING TO BE RELOCATED 11 EXISTING BACK FLOW PREVENTOR TO REMAIN
12 EXISTING GAS STATION MONUMENT SIGN TO REMAIN
13 EXISTING PYLON SIGN TO REMAIN
14 EXISTING ACCESSIBLE RAMP TO REMAIN

EXISTING TRASH ENCLOSURE TO REMAIN
1516

EXISTING GREASE INTERCEPTOR TO REMAIN
17 EXISTING SEWER TO REMAIM
1819

EXISTING WHEEL STOP TO REMAINEXISTING DRIVE-THRU MENU
20 EXISTING DRIVE-THRU WINDOW
21 22
EXISTING ACCESSIBLE SIGNAGE 23EXISTING ELECTRICAL ROOM TO REMAIN 24 Plan Check Number:
2795 LENWOOD RD
BARSTOW, CA 92311

I H D E N O R I I W A G A M I
CUP NUMBER:
555 ANTON BLVD. SUITE 150
COSTA MESA, CA. 92626
D G SE I N | A R C H TI CE UT R E

HE S TI A ATEL IER
CUP PLANS 12-29-2021
25 EXISTING GAS METER TO REMAINEXISTING MANHOLE TO REMAINEXISTING DRIVEWAY TO REMAIN CONSTRUCTION TYPE: TYPE V-BOCCUPANCY GROUP: (M) MERCANTILE OCCUPANCY LOAD: 53 OCCUPANTS
HARDSCAPE COVERAGE: 26,337 SF (82%) EXISTING COVERAGE
LANDSCAPE COVERAGE: 4, 229 SF (13 %) EXISTING COVERAGE
PARKING: 5 SPACES/1,000 SQF
NEBRINA: 2,234 SF / 1,000= 2.234 X 5 = 11.17LIQUOR STORE: 958 SF / 1,000= 0.958 X 5 = 4.79 TOTAL REQUIRED: 16 STALLSTOTAL PROVIDED: 18 STALLS (INCLUDING 1 ACCESSIBLE)

EXISTING DRIVE THROUGH ISLE
26 EXISTING LANDSCAPE 27

EXISTING SITE CURB TO REMAINEXISTING CITY SIDEWALK TO REMAIN 18 Packet Pg.

EXISTING BUILDING
(PROPOSED PROJECT AREA)
2,234 SF

EXISTING FUEL STATION
CANOPY
(NOT IN SCOPE)

LENWOOD RD

MERCANTILE WAY
7'-3"
5'-0"
9'-0" TYP.
20'-9" TYP.
18'-0" TYP.
9'-0" TYP.
18'-0" TYP.
38'-11"
29'-10"
8 5
5 12'-0" 10'-0"
31'-7"

ADJACENT LOT NOT IN SCOPE
27 25
11 28
28 20
27 4
4 4
4 28
13 TYP.
22 18
14 18
8 5
7 6
19 9
28 15
TYP.
16 16
19 24
1 21
27 2
12 17
1 1
1 3
3 3
10 16
24 PROPERTY LINEPROPERTY LINE
23 25
26 ADJACENT TENENT
(NOT IN SCOPE)
958 SF
N
1 PROPOSED SITE PLAN 3/32"=1'-0"

S H E E T
sheet plotted:
drawing file name:
w:\projects\one-off\barstow 2795 lenwood\design\licensing Jan/26/2022 @ 9:52 AM package\a1.0 site plan.dwg A1.1

PROPOSED SITE PLAN
Plan Check Number:
2795 LENWOOD RD
BARSTOW, CA 92311

I H D E N O R I I W A G A M I
CUP NUMBER:
555 ANTON BLVD. SUITE 150
COSTA MESA, CA. 92626
D G SE I N | A R C H TI CE UT R E

HE S TI A ATEL IER
CUP PLANS 12-29-2021

KEYNOTES
1 EXISTING WATER METER TO REMAIN
2 3
4 567
89 10

EXISTING PROPERTY LINE TO REMAINEXISTING BUILDING SIDEWALK TO REMAIN

EXISTING PARKING LIGHT TO REMAINEXISTING WATER/AIR PUMP STATION

EXISTING PARKING STALLS TO REMAIN

NEW ADA LOADING ZONENEW ACCESSIBLE PATH OF TRAVELNEW ACCESSIBLE PARKING 11 EXISTING BACK FLOW PREVENTOR TO REMAIN
12 EXISTING GAS STATION MONUMENT SIGN TO REMAIN
13 EXISTING PYLON SIGN TO REMAIN
14 EXISTING ACCESSIBLE RAMP TO REMAIN

EXISTING TRASH ENCLOSURE TO REMAIN
1516

EXISTING GREASE INTERCEPTOR TO REMAIN
17 EXISTING SEWER TO REMAIM
1819

EXISTING WHEEL STOP TO REMAINEXISTING DRIVE-THRU MENU TO BE REMOVED 20 EXISTING DRIVE-THRU WINDOW TO BE INFILLED
21 22
NEW ACCESSIBLE SIGNAGE 23EXISTING ELECTRICAL ROOM TO REMAIN 24 25

EXISTING GAS METER TO REMAINEXISTING MANHOLE TO REMAINEXISTING DRIVEWAY TO REMAIN 26 PROPOSED LANDSCAPE (SEE CONCEPTUAL LANDSCAPE PLAN) 28

EXISTING SITE CURB TO REMAINEXISTING CITY SIDEWALK TO REMAIN NEW PARKING STALLS 27
18 Packet Pg.

18.b
Packet Pg. 201 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) 300-FOOT OUTLINE FROM PROPERTY LINE
300-FOOT OUTLINE FROM PROPERTY LINE
300-FOOT OUTLINE FROM PROPERTY LINE PROJECT SITE ARBY'S

LOS ALAZANES

MEXICAN FOOD

BARSTOW

OUTLETS

PANDA EXPRESS ARCO

GAS STATION
AM-PM

CONVENIENCE STORE

MERCANTILE WAY
LENWOOD RD.
300-FOOT OUTLINE FROM PROPERTY LINE

S H E E T
sheet plotted:
drawing file name:
w:\projects\one-off\barstow 2795 lenwood\design\licensing Jan/26/2022 @ 9:37 AM package\a0.1 radius map.dwg A0.1
RADIUS MAP (300')
1 300-FOOT RADIUS MAP 1" = 40' - 0"
N

SEPARATION REQUIREMENTS
Plan Check Number:
2795 LENWOOD RD
BARSTOW, CA 92311

I H D E N O R I I W A G A M I
CUP NUMBER:
555 ANTON BLVD. SUITE 150
COSTA MESA, CA. 92626
D G SE I N | A R C H TI CE UT R E

HE S TI A ATEL IER
CUP PLANS 12-29-2021
Sec. 18.06.016. - Appeals of planning commissionaction. (a) By subdivider. If the subdivider or any owner of
property within 300 feet of the exterior boundary of theland in question disagrees with any action by theplanning commission with respect to the tentative subdivision map, they may, within ten days of thedecision, file an appeal with the city clerk. The councilshall consider the appeal within 30 days or at its first regular meeting subsequent to such appeal, unless the
subdivider consents to a continuance. This appeal shall be a public hearing after notice has been given pursuant to section 18.06.015. In addition, notice shall be given tothe subdivider and the planning commission and upon conclusion of the public hearing the council shall, within ten days, declare its findings. The council may sustain, modify, reject or overrule any recommendations orrulings of the planning commission and may make findings which are consistent with the provisions of this chapter or the Subdivision Map Act.

Sec. 18.06.015. - Planning commission action.
(a) Notice of public hearings.
(3) In addition to notice by publication, the
community development department shall give
notice of the hearing by mail or delivery to allpersons, including businesses, corporations or other public or private entities, shown on the lastequalized assessment roll as owning real property within 300 feet of the property which is the subject
of the proposed application.
18 Packet Pg.
49'-10"
2'-2" 11'-11" 22'-3" 1'-8"
44'-10"
3'-0" 41'-2"
44'-10"
9'-0" 2'-0" 3'-10" 4" 12'-1" 6'-6" 5'-1" 1'-7" 3'-0"
ROOF
ACCESS
LADDER

MOP SINK
VAULT
90 SF

RECEIVING/
WORK
70 SF
BUD
TENDER

EMPLOYEE

BREAKRM
128 SF

EDUCATION
LOUNGE
RETAIL
1,165 SF
ATM

RECEPTION
280 SF

RESTROOM
55 SF
OFFICE
82 SF

NEW TEMPERED

GLASS PARTITION WALL
MAIN

ENTRANCE

EXISTING TENANT
(NOT IN SCOPE)
3'-1"
1 PROPOSED FLOOR PLAN 1/4"=1'-0"
PaulReyes by: AM 10:00 Jan/26/2022 saved: last dwg S H E E T sheet plotted:
drawing file name:
w:\projects\one-off\barstow 2795 lenwood\design\licensing Jan/26/2022 @ 10:00 AM package\a2.0 floor, premises and security plans.dwg A2.0

PROPOSED FLOOR PLAN
N
LEGEND

EXISTING WALL TO REMAINPROPOSED NEW WALL
Plan Check Number:
2795 LENWOOD RD
BARSTOW, CA 92311

I H D E N O R I I W A G A M I
CUP NUMBER:
555 ANTON BLVD. SUITE 150
COSTA MESA, CA. 92626
D G SE I N | A R C H TI CE UT R E

HE S TI A ATEL IER
CUP PLANS 12-29-2021
18 Packet Pg.
1 23
1 2
3 7
7 7
7 7
89 11
7 5
5 4
7 7
7 DVR

SURVEILLANCE

STORAGE

SEC PANEL
DOOR

CONTROLLERSAFE

ROOF ACCESS
LADDER

MOP SINK
VAULT
90 SF

RECEIVING/
WORK
70 SF
BUD
TENDER

EMPLOYEE

BREAKRM
128 SF

EDUCATION
LOUNGE
RETAIL
1,165 SF
ATM

RECEPTION
280 SF

RESTROOM
55 SF
OFFICE
82 SF

NEW TEMPERED

GLASS PARTITION WALL
MAIN

ENTRANCE

EXISTING TENANT
(NOT IN SCOPE)
13 14
12 13
1214
7 7
7 6
1 2
3 1
2 3
4 1
23 23
7 10
13 15
12 5 5 5
13 1215
1 2
3 5
1 2
3 1
23 1
2 3
1 23
1 PREMISES DIAGRAM 1/4"=1'-0"

KEYNOTESLEGEND
PaulReyes by: AM 10:29 Jan/26/2022 saved: last dwg S H E E T sheet plotted:
drawing file name:
w:\projects\one-off\barstow 2795 lenwood\design\licensing Jan/26/2022 @ 10:30 AM package\a2.0 floor, premises and security plans.dwg A2.1

PREMISES DIAGRAM
N
1 2
3 4
56789
10 11
12 CARD READER/FOB LOCK

ALARM CONTACT

MAGNETIC LOCK

ALARM KEYPAD

HOLD UP (PANIC BUTTON)

ALARM CONTROL PANEL

EMERGENCY LIGHTING
SAFE

RECORD STORAGEDIGITAL VIDEO RECORDING DEVICES
SURVEILLANCE STORAGEOPEN GRILL (TITUS 50F OR EQUAL)CAN- LITE FILTER MINI 6" x 16" 420 CFMCAN- FAN Q MAX 6: 400 CFM MAX SET TO 271 CFM (SPEED 3)CAN- FAN Q MAX 6: 400 CFM MAX SET TO 400 CFM (SPEED 1) 131415

EXISTING WALL TO REMAIN

PROPOSED NEW WALL
Plan Check Number:
2795 LENWOOD RD
BARSTOW, CA 92311

I H D E N O R I I W A G A M I
CUP NUMBER:
555 ANTON BLVD. SUITE 150
COSTA MESA, CA. 92626
D G SE I N | A R C H TI CE UT R E

HE S TI A ATEL IER
CUP PLANS 12-29-2021

ODOR CONTROL
18 Packet Pg.

EL
DS
1 PIR
360
PIR
360
PIR
360/GB
PIR
360

DS DS EL
EL
DS
EL
DS EL
EL
DS
DS
EL

EVACUATION

MEETING POINTS

EVACUATION

MEETING POINTS
35 FT TRAVEL

DISTANCE
95 FT TRAVEL

DISTANCE
KYPD
PB
CR
CR
18 14
16 6
22 5 3
4 ROOF ACCESS
LADDER

MOP SINK
VAULT
90 SF RECEIVING/
WORK
70 SF
BUD
TENDER

EMPLOYEE

BREAKRM
128 SF

EDUCATION
LOUNGE
RETAIL
1,165 SF
ATM

RECEPTION
280 SF

RESTROOM
55 SF
OFFICE
82 SF

NEW TEMPERED

GLASS PARTITION WALL
MAIN

ENTRANCE

EXISTING TENANT
(NOT IN SCOPE)
19 DVR

SURVEILLANCE

STORAGE

SEC PANEL
DOOR

CONTROLLERSAFE
PIR
360
PIR
360
17 DS EL

DS EL EL
DS
15 CR
CR
CR
CR
KYPD
PB
PIR
360
7 8 9 10 11 12 13
20 2
21 CR CR
CR
PB

PB PB PB
1 SECURITY FIRE LIFE & SAFTEY PLAN 1/4"=1'-0"
PaulReyes by: AM 10:48 Jan/26/2022 saved: last dwg S H E E T sheet plotted:
drawing file name:
w:\projects\one-off\barstow 2795 lenwood\design\licensing Jan/26/2022 @ 10:49 AM package\a2.0 floor, premises and security plans.dwg A2.2

SECURITY FIRE LIFE &

SAFETY PLAN
N
LEGEND

PATH OF EGRESS
SECURITY CAMERA (22 TOTAL)

EMERGENCY LIGHT

ILLUMINATED EXIT SIGN WITH EMERGENCY LIGHT
FIRE EXTINGUISHER (MIN. RATING: 3A:40B:C)
PIR
360

CEILING MOUNT PIR MOTION DETECTOR

W/ BUILT IN GLASS BREAK DETECTOR
EL
PB
DS

PROXIMITY CARD READER

ELECTRONIC LOCKING DEVICE

PANIC/HOLD-UP BUTTONDOOR CONTACT/SENSOR
PIR
360/GB
CR

EXISTING WALL TO REMAIN
Plan Check Number:
2795 LENWOOD RD
BARSTOW, CA 92311

I H D E N O R I I W A G A M I
CUP NUMBER:
555 ANTON BLVD. SUITE 150
COSTA MESA, CA. 92626
D G SE I N | A R C H TI CE UT R E

HE S TI A ATEL IER
CUP PLANS 12-29-2021

PROPOSED NEW WALL
18 Packet Pg.
5 6
6 3
TYP 18'-4"
17'-0"
8 10
7 11
1 1 2 2
12 12 5
3 TYP
10 7
1 13 12 12
14 TYP.
6'-4"
15 15
15 15
5 2 2
6 6
4 3
TYP
8 10
9 7
3 TYP
5 11
9 1
1 6
6 10
7 6 6
6 14
TYP.

Raquel Hernandez Jan/26/2022 10:50 AM dwg last saved: by: S H E E T sheet plotted:
drawing file name:
w:\projects\one-off\barstow 2795 lenwood\design\licensing Jan/26/2022 @ 10:51 AM package\a3.0 -exterior elevations.dwg A3.0

EXTERIOR ELEVATIONS
4 WEST EXTERIOR ELEVATION 1/8"=1'-0"
1 NORTH EXTERIOR ELEVATION 1/8"=1'-0" 3 SOUTH EXTERIOR ELEVATION 1/8"=1'-0"2 EAST EXTERIOR ELEVATION 1/8"=1'-0" Plan Check Number:
2795 LENWOOD RD
BARSTOW, CA 92311

I H D E N O R I I W A G A M I
CUP NUMBER:
555 ANTON BLVD. SUITE 150
COSTA MESA, CA. 92626
D G E I S N | A R C H TI CE UT R E

HE S TI A ATELIER
CUP PLANS 12-29-2021

KEYNOTES
1 2
EXISTING STOREFRONT TO REMAIN. ADD PRIVACY FILM TO GLAZING 3 4

EXISTING DOOR TO REMAINEXISTING GAS METER TO REMAIN
5 5 EXISTING SITE PHOTOS NTS 6 PROPOSED BUILDING DESIGN NTS

EXISTING SECURITY LIGHTS TO REMAIN
6 EXISTING STUCCO FACADE TO REMAIN AND BE PAINTED789
DEMOLISH EXISTING ROOFING MATERIAL ABOVE BUILDING CANOPY - GC TOPATCH AND REPAIR AS NEEDED. CANOPY TO BE PAINTEDEXISTING STUCCO ACCENT BAND TO BE PAINTED

NEW SIGNAGE
10 EXISTING TRASH ENCLOSURE STUCCO TO BE PAINTED TO MATCH BUILDING 11 EXISTING STUCCO ACCENT TRIM TO BE PAINTEDNEW EXTERIOR WOOD CLADDING 12

EXISTING PARAPET TO REMAIN
NEW STOREFRONT DOOR. ADD PRIVACY FILM 13
NEW WALL SCONCE 14NEW BLACK ACCENT TRIM 15
18 Packet Pg.

CONCEPT

NEBRINA BARSTAW

TEXTURED
TIMEMODERN RUSTIC LAY18.b
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

EXTERIOR

RENDERING

18.b
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

RECEPTION

RENDERING

18.b
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) RETAIL

RENDERING

18.b
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) RETAIL

RENDERING

18.b
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) RETAIL

RENDERING

18.b
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) POS

RENDERING

18.b
Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

EXISTING BUILDING
(PROPOSED PROJECT AREA)
2,234 SF

EXISTING FUEL STATION
CANOPY
(NOT IN SCOPE)

LENWOOD RD

MERCANTILE WAY

1.2 1.4

3.1 1.5 1.8 2.2 1.7 1.3 1.8 1.5 1.1 1.0 1.5 1.7 1.5 1.2 1.7 1.9

4.010.72.6

1.3 1.2 1.1 1.0

1.2 1.1 2.8

7.2 1.21.82.83.55.06.65.53.72.9

7.8 4.8 3.0 2.6

23.7 1.6

1.71.22.01.6 1.1 1.52.5

1.3 1.1 1.2

2.3 2.3

34.9 27.3

28.2 26.5

38.0 33.6

22.3 33.0

37.2 40.0

50.6 49.0

42.4 49.6

37.4 43.1

21.8 12.4

10.2 3.6

1.21.01.21.31.21.23.62.4 1.1 1.11.0

1.0 1.1

1.5 1.3

2.7 11.1

10.2 10.1

9.6 3.0

1.3 10.2

1.0 1.1 1.0 1.3 1.4

2.9 2.0 1.2 1.5

6.9 5.1 6.7

2.8 2.6 1.1 1.2

1.2 1.2

1.3 1.2

1.3 1.11.1 4.1

1.2 1.8

ADJACENT TENANT
(NOT IN SCOPE)
N
1 PHOTOMETRIC PLAN 3/32"=1'-0"

S H E E T
sheet plotted:
drawing file name:
w:\projects\one-off\barstow 2795 lenwood\design\licensing Jan/25/2022 @ 6:44 PM package\a1.2 photometric plan.dwg A1.2

PHOTOMETRIC PLAN
Plan Check Number:
2795 LENWOOD RD
BARSTOW, CA 92311
I
H

D E N O R I I W A G A M
I
CUP NUMBER:
555 ANTON BLVD. SUITE 150
COSTA MESA, CA. 92626
D
G
SE I
N
|

A R C H
TI
CE
UT R E

HE S TI A ATEL IER
CUP PLANS 12-29-2021

EXISTING LIGHTING TYPE LEGEND

LIGHTING TYPE D

LIGHTING TYPE A

LIGHTING TYPE C

LIGHTING TYPE B
18 Packet Pg.

EXISTING BUILDING
(PROPOSED PROJECT AREA)
3,192 SF

EXISTING FUEL STATION
CANOPY
(NOT IN SCOPE)

LENWOOD RD

MERCANTILE WAY
Plan Check Number:
2795 LENWOOD RD
BARSTOW, CA 92311
CUP NUMBER:
555 ANTON BLVD. SUITE 150
COSTA MESA, CA. 92626
D
G
SE I
N
|

A R C H
TI
CE
UT R E

HE S TI A ATEL IER
0 feet 20
1" = 10'
10 30 40
TREES WITHIN 6 FEET OF HARDSCAPE SHALL BE

INSTALLED WITH APPROVED ROOT CONTROL
BARRIER (20 FEET LENGTH TOTAL MIN. EACH TREE)

ALL GROUND-MOUNTED ELECTRICAL/MECHANICAL

EQUIPMENT SHALL BE EFFECTIVELY SCREENED

WITH LANDSCAPING

ALL LANDSCAPE AREAS SHOWN SHALL BE PRIVATELY
MAINTAINED.

ALL LANDSCAPE AREAS BE IRRIGATED WITH

LOW VOLUME DRIP IRRIGATION,

INCORPORATING A POINT TO POINT DRIP DISTRIBUTION SYSTEM

AS WELL AS A DEEP ROOT BUBBLER SYSTEM
FOR TREES.LANDSCAPE PLANS SHALL COMPLY WITH ALL APPLICABLE CODES OF THE CITY OF BARSTOW MUNICIPAL CODE AND DESIGN GUIDELINES L1.0

EXISTING BEAVER TAIL CACTUS

TO REMAIN, PROTECT IN PLACE

CONCEPTUAL

LANDSCAPE
12/22/21
12/23/21
7/31/21

TREES BOTANICAL / COMMON NAME CONT CAL PF QTY REMARKS
Cercis occidentalis / Western Redbud 24" Box M 4
Prosopis 'Phoenix' / Thirnless Mesquite 24" Box L 2

SHRUBS BOTANICAL / COMMON NAME CONT PF QTY
Agave americana / Century Plant Existing 6
Dalea greggii / Trailing Indigo Bush 1 Gal. L 10Hesperaloe parviflora / Red Yucca 5 Gal. L 10Leucophyllum frutescens 'Green Cloud' TM / Green Cloud Texas Ranger 5 Gal. L 11 Opuntia basilaris / Beavertail Pricklypear Existing 12

PLANT SCHEDULE

SYMBOL DESCRIPTION QTY
Existing 3/4" Decorative Rock Mulch to Remain 3,801 sf

REFERENCE NOTES SCHEDULE

EXISTING CENTURY PLANT

CACTUS TO REMAIN, PROTECT IN
PLACE

EXISTING DECORATIVE ROCKMULCH TO REMAIN
18 Packet Pg.

EXHIBIT D

RESERVATION OR DEDICATION OF LAND FOR PUBLIC PURPOSES
(NOT APPLICABLE)

18.b
Packet Pg. 216 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

EXHIBIT E

OPERATIONAL AND ADDITIONAL BUSINESS STANDARDS
(NOT APPLICABLE)

18.b
Packet Pg. 217 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

EXHIBIT
F

INDEMNIFICATION AGREEMENT

18.b
Packet Pg. 218 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) 220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home

COMMERCIAL CANNABIS BUSINESS PERMIT APPLICANT

INDEMNIFICATION AGREEMENT
The Applicant(s) (hereinafter collectively referred to as “Applicant”), as consideration for applying to the City of Barstow and as consideration in the grant of a City of Barstow commercial cannabis permit, commercial cannabis development agreement, and related permit applications under Barstow Municipal Code Chapter

19.27, hereby expressly agree to each and every one of the following terms and conditions:

1. Parties
For the purposes of this Agreement, the term City shall include the City of Barstow, the City of Barstow City Council, City Manager, and/or any City of Barstow elected officials, agencies, departments, commissions, officers, contractors, consultants, attorneys, employees, and agents. For the purposes of this Agreement, the term Applicant shall include all parties applying for approval of the Application for the commercial cannabis permit, commercial cannabis development agreement, and related permit applications, including but not limited to the owner or owners of the property or properties upon which the commercial cannabis business will be sited and the Applicant(s) who intend to operate the proposed commercial cannabis business and who applied for the commercial cannabis permit, commercial cannabis development agreement, and related permit applications.

2. Indemnification and Defense by Applicant
a. Applicant shall defend, indemnify, and hold harmless the City from and against any and all claims, damages, demands, suits and/or proceedings of any kind brought by anyone challenging the validity and/or legality of the Application, or the process followed. Applicant shall further defend, indemnify, and hold harmless the City from and against any and all claims, damages, demands, suits, and/or proceedings of any kind brought by anyone challenging the validity and/or legality of the Applicant’s commercial cannabis business that is the subject of the Application. Applicant shall defend, indemnify, and hold harmless the City from and against any and all liability whatsoever that arises out of or relates in any way to the commercial cannabis business that is the subject of the Application and/or arising out of the acts or omissions of Applicant in the operation of a commercial cannabis business that is the subject of the Application and any City of Barstow commercial cannabis permit or related entitlement issued upon approval of the Application.
b. Applicant further agrees, as part of and in connection with the Application, to defend, indemnify, and hold harmless the City from any and all claim(s), action(s), or proceeding(s) (collectively referred to as "proceeding") brought against City to challenge, attack, set aside, void, or annul any action taken to provide related environmental clearance for the Application under the California Environmental Quality Act of 1970, as amended ("CEQA") by City's advisory agencies, boards or commissions; appeals boards or commissions; Planning Commission, or City Council.
c. Applicant further agrees to defend, indemnify and hold harmless the City from and for all costs and fees incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document if made necessary by said proceeding and if Applicant desires to pursue such City REV 1/5/2022 Cannabis License Application Page 51 of 68 &YIJCJU'

18.b
Packet Pg. 219 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

18.b
Packet Pg. 220 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application)

EXHIBIT G

STANDARDS AND CONDITIONS FOR CONSTRUCTION
(NOT APPLICABLE)

18.b
Packet Pg. 221 Attachment: Nebrina DDA 3- 7-8-22 (Council Edits) (5068 : Adoption of Ord 991-2022 Nebrina Barstow LLC Commercial Cannabis Application) Joint Special Council/BFPD
07/18/22 06:00 PM
Building
Christopher Heldreth
Ordinance
Doc ID: 5067

AGENDA ITEM
AGENDA MATTER:
2ND READING AND ADOPTION OF ORDINANCE 993-2022 AMENDING CHAPTER 5.91, TITLE 5 OF THE BARSTOW MUNICIPAL CODE ENTITLED "ANNUAL RENTAL PROPERTY INSPECTION REQUIREMENTS"
EXECUTIVE SUMMARY:

The purpose of the proposed ordinance amendment is to ensure residents of the City of Barstow do not inhabit substandard rental properties throughout the City. Pursuant to its police powers, the City of Barstow has authority to regulate and enforce the State’s Health and Safety Code. In addition, the City may amend the codes by adding requirements that apply to the local jurisdiction. This ordinance authorizes the City of Barstow to ensure that landlords are providing standard housing in all rental properties throughout our jurisdiction.

On June 20, 2022, the Council introduced Ordinance No. 993-2022 Amending Chapter 5.91, Title 5 of the Barstow Municipal Code entitled "Annual Rental Property Inspection Requirements." The ordinance is presented for its second reading and adoption.

DISCUSSION:

Per the request of City of Barstow City Council, the amendments to ordinance 975-2021 of the Barstow Municipal Code has been brought forward for review. The addition of Chapter 5.91, “Annual Rental Property Inspection Requirements” to Title 5 of the Barstow Municipal Code aims to protect the public safety, health, and welfare of our community. Approval of this ordinance would ensure a standard of living throughout our community in all rental properties.

Amendments were made per the request of the City Council and public concern. A Town Hall Meeting was held to discuss the Annual Rental Property Inspection Ordinance on March 23, 2022. Based on the concerns discussed at the Town Hall Meeting, amendments were brought before the Rules and Policy Committee at the March 29th, April 26th, and May 31st, 2022 meetings.

FISCAL IMPACT:

The fiscal impact will be covered by fees associated with the Annual Rental Property Inspection Program.

The fees generated should cover all costs incurred by adding this ordinance.

RECOMMENDED ACTION:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA AMENDING CHAPTER 5.91 ENTITLED "ANNUAL RENTAL PROPERTY INSPECTION REQUIREMENTS" ESTABLISHING A RESIDENTIAL RENTAL REGISTRATION AND

INSPECTION PROGRAM
WHEREAS, in recent years the City of Barstow ("City") has experienced an increase in deteriorating neighborhoods and increased public safety costs which negatively impact the quality of life within the City and compromises the City's ability to provide services and attract new businesses and residents; and WHEREAS, the City has experienced an increase in the occurrence of substandard maintenance, unsafe conditions, illegal activity and public nuisances in single-family rental property, especially those rented by absentee landlords; and WHEREAS, unmaintained properties lower property values, destroy community aesthetics and lead to problems with safety because deteriorated neighborhoods and properties potentially lead to higher incidences of crime, and WHEREAS, many rental houses are unkempt, with little, missing or deteriorating landscaping, unattractive weed growth, automobiles parked on lawn areas, trash and debris, peeling paint, boarded or broken windows and lack of overall routine maintenance; and
WHEREAS, these conditions may contribute to a further decline in neighborhoods throughout the City; and
WHEREAS, rental properties are typically the cause of a higher percentage of Code Compliance cases and tenant complaints due to many non-local owners failure to comply with their responsibilities of property ownership; and WHEREAS, the City desires to increase the value of our residential communities and create an aesthetically pleasing community by cleaning up neighborhoods and enforcing municipal codes; and
WHEREAS, the rental property inspection requirements ordinance is designed to ensure that owners of rental property properly maintain their rental units adequately and continually, help reduce community blight and deter illegal tenant activities; and WHEREAS, the City Council finds and determines that having an ordinance regulating residential rental dwelling units is critical to preserving the public health, safety and welfare of all residents of the City; and

19.a
Packet Pg. 223 Attachment: Updated Rental Registration Ordinance 06-09-2022 with 5.91.020 amendment (5067 : Adoption of Ordinance No. 993-2022 - WHEREAS, the City Council, in the exercise of its discretion as the final legislative and adjudicatory body of the City, based on substantial evidence in the record, votes to approve the amendment to the Barstow Municipal Code.

Section 1. FINDINGS
The City Council incorporates the recitals hereinabove, finds, and determines the following based on the information presented:
• Finding 1:The need to establish minimum inspection requirements for the issuance of an Annual Rental Property Permit and is in the best interest for the health, safety, and welfare of the citizens of Barstow to improve neighborhoods experiencing a high number of rental housing units.
a. The City Council makes Finding 1 based on the fact that unkempt rental properties with unmaintained landscaping and weed growth, automobiles parked on landscaped areas, trash, and debris within the yard, deteriorating paint and boarded windows is not in the best interest of health, safety and welfare.
b. The City Council also makes Finding 1 based on the fact that Barstow defines that rental housing is a business and not solely an investment tool. Consequently, businesses may be subject to reasonable requirements for the public health, safety, and welfare of residents. • Finding 2: To accomplish the City Council's goal of higher residential value the City must help to raise property values by reducing blight, improving neighborhoods, and establishing certain rental requirements for rental property owners such as annual rental inspections.
a. The City Council makes Finding 2 based on the fact that an annual inspection will help to ensure that the rental housing stock is maintained, therefore preventing blight and improving neighborhoods. b. The City Council makes Finding 2 based on the fact that rental properties contribute to code compliance calls and cases at higher proportion compared to owner occupied properties.
• Finding 3: To carry out the City Council's goal of having an aesthetically pleasing, cleaner community, with pride of ownership and improved neighborhoods the City shall require annual rental inspections to help achieve this goal.
a. The City Council makes Finding 3 based on the fact that many rental owners are from out of the area and do not have the close contact or knowledge of what condition their property is in.
b. The City Council also makes Finding 3 based on the fact that rental housing can become unkempt, unmaintained, and unattractive because many renters do not have what is referred to as 'pride of ownership'. • Finding 4: The City finds that unmaintained rental properties are a public nuisance and subject to abatement procedures as set forth in Chapter 6.28 the Barstow Municipal Code.
a. The City Council makes Finding 4 based on the fact that rental properties that are not maintained are a public health, safety and welfare issue and

19.a
Packet Pg. 224 Attachment: Updated Rental Registration Ordinance 06-09-2022 with 5.91.020 amendment (5067 : Adoption of Ordinance No. 993-2022 - must be addressed.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY ORDAIN AS FOLLOWS:

Section 2. AMENDMENT OF CHAPTER 5.91 OF THE BARSTOW MUNICIPAL CODE.

Barstow Municipal Code Chapter 5.91 entitled Rental Property Inspection Requirements is hereby amended as follows with new text denoted as underlined and deleted text denoted by strikethrough:

The proposed amendments clarify when interior inspection may take place and allow landlords to self-certify that they are not providing sub-standard housing.

Article 1: RENTAL PROPERTY INSPECTION REQUIREMENTS
Sec. 5.91.010 Purpose
Sec. 5.91.020 Scope
Sec. 5.91.030 Definitions
Sec. 5.91.040 Rebuttable Presumption
Sec. 5.91.050 Annual Rental Permit/Change of Ownership
Sec. 5.91.060 Owners Authorized Representative
Sec. 5.91.070 Reserved
Sec. 5.91.080 Initial and Annual Inspection
Sec. 5.91.090 Certificate of Compliance
Sec. 5.91.100 Re-registration and Certificate of Compliance Renewal Sec. 5.91.110 Re-inspection Process to Renew a Certificate of Compliance Sec. 5.91.120 Violations
Sec. 5.91.130 Complaint Based Inspections
Sec. 5.91.140 Expired Certificate of Compliance
Sec. 5.91.150 Failure to Pay Fees
Sec. 5.91.010:

Purpose
The City Council of the City of Barstow finds and declares that there exist in the City of Barstow substandard and unsanitary residential buildings and dwelling units with the physical conditions and characteristics of which violate state and local housing and technical codes and render them unfit or unsafe for human occupancy and habitation, and which are detrimental to or jeopardize the health, safety, and welfare of their occupants and the public.

The City Council further finds and declares that the existence of such substandard buildings and dwelling units threatens the physical, social, and economic stability of sound institutions, necessitates disproportionate expenditures of public funds for remedial action; and destroys the amenity of residential areas and neighborhoods and of the

19.a
Packet Pg. 225 Attachment: Updated Rental Registration Ordinance 06-09-2022 with 5.91.020 amendment (5067 : Adoption of Ordinance No. 993-2022 - community as a whole. The City Council has determined requiring all properties within the City of Barstow with rental residential units to be registered with the City and inspected serves these legitimate governmental interests.

For these reasons, it is hereby declared to be the policy of the City of Barstow:
(a) That it is in the public interest of the people of Barstow to protect and promote the existence of sound and wholesome residential buildings, dwelling units, and neighborhoods by the adoption and enforcement of such standards, regulations, and procedures as will remedy the existence or prevent the development or creation of dangerous, substandard, or unsanitary and deficient residential buildings and dwelling units; and
(b) That the adoption of this chapter protects and promotes the health, safety, and welfare of the people of Barstow.

It is further the intent that the inspection requirements will be self-funded by the required annual regulatory permit fee as per the Master Fee Schedule.

Sec. 5.91.020:

Scope
The Comprehensive Residential Rental Unit (CRRU) inspection program shall apply to all properties within the City of Barstow with residential rental units; except those hotels and motel subject to the transient occupancy tax pursuant to Chapter 3.16 of this code shall be exempt. All properties subject to this chapter shall be inspected by the Building Official or his or her designee for compliance with the City of Barstow housing and property maintenance standards. No interior inspection shall take place without the consent of the owner, their authorized representative, or tenant, unless the Building Inspector or their designee has an inspection warrant or upon exigent circumstances.

Landlords may also self-certify and accept all liability that their property is in compliance with the City’s housing and property maintenance standards by completing the City’s SelfCertification Checklist.

Sec. 5.91.030:

Definitions
For the purpose of this article, unless otherwise apparent from their context, certain words and phrases used in this article shall have the meanings hereinafter designated. The definitions in this article are included for reference purposes only and are intended to define the terms used in this article in relation to the rental inspection requirements. (a) "Annual Rental Permit" means the annual permit issued per Rental Property after the property has successfully passed a Rental Property inspection performed by City Building Inspectors and successfully complied with all other applicable laws, including payment of all applicable fees.
(b) "Applicable Laws" means and includes all federal, state and local statutes, ordinances and regulations that pertain to the condition, habitability and safety of Dwelling Units

19.a
Packet Pg. 226 Attachment: Updated Rental Registration Ordinance 06-09-2022 with 5.91.020 amendment (5067 : Adoption of Ordinance No. 993-2022 - and residential property. Applicable Laws, include, but are not limited to, the State Housing Law (California Health & Safety Code, Sections 1791 O et. seq.), (California Health and Safety Code, Sections 11570 et. seq.), and the Barstow Municipal Code. (c) "Building Official" means the Director of the Building and Safety Department, or his/her designee who shall possess all statutorily mandated certifications to enforce state building and construction codes.
(d) "Certificate of Compliance" means a certificate issued by the Building Official for residential rental unit properties, certifying compliance with this chapter and the housing and property maintenance standards of the City of Barstow. (e) "Dwelling Unit" means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
(f) “Exigent circumstances” means a situation where a Rental Property constitutes an imminent danger to life, health, or safety.
(g) "Frequency Upgrade" means modifying the inspection frequency to extend the length of time between compliant inspections.
(h) "Inspection Frequency" means the length of time between inspections for renewal of certification of residential rental units.
(i) "Maintenance Request Log" means the log required to be maintained by the owner or manager of a residential rental unit, which shall record all tenant requests for repairs, the time estimated at the time of the request for repairs to be completed, and the completion date of the repairs.
(j) "Major Violation" shall mean any one or more of the following violations:
(1) Heating system not fully operational at any time between October and April of the following year.
(2) Cooling system not fully operational at any time between May and October. (3) Hazardous code violations, including but not limited to any of the following:
(i) Exposed electrical wiring;
(ii) Collapsed ceiling or walls caused by water leakage; (iii) Sewage leakage into walls, floors or onto the ground; (iv) Structural damage resulting in the building being determined by the Building Official to be unsafe;
(v) Fire alarm and/or carbon monoxide alarm system not fully operational; (vi) Firewalls damaged or not maintained.
(k)“Self-Certification Checklist” means a City-created form listing the minimum standards that landlords must use to attest that their buildings meet and accept all liability for all information they submit to the City. Any person who makes a false statement on the Self-Certification Checklist or submits false information are accepting all liability. The City may also promulgate rules regarding which landlords, property management companies, and property managers are eligible to complete the Self-Certification Checklist. The Building Official retains the authority to determine which landlords are eligible to complete the Self-Certification Checklist based on previous information provided and/or any false information
(l) "Non-compliance with Notice and Order" means that the owner, his authorized agent, or other responsible party does not make required repairs as provided in Notice and

19.a
Packet Pg. 227 Attachment: Updated Rental Registration Ordinance 06-09-2022 with 5.91.020 amendment (5067 : Adoption of Ordinance No. 993-2022 - Order from the Building Official.
(m)“Occupant or tenant" means any person who occupies a Rental Property, whether as a tenant or permittee of the owner.
(n) "Owner's Authorized Representative" means a person, agent, Property Owner or property Management Company with respect to a Rental Property who has the legal authority to act upon the Owner's behalf with respect to the Rental Property. (o) "Owner" or "Property Owner'' means any person having legal title to real property, including all individuals, partner, joint venture, stock owner, persons in care of the Rental Property as shown as owners on the last equalized assessment roll of the San Bernardino County Assessor's Office, or an owner's authorized representative. If more than one person or an entity owns the Rental Property, Owner or Property Owner refers to each person or entity holding any kind of ownership interest in the Rental Property, and the property owners' obligations in this article are joint and several as to each Property Owner.
(p) "Other Violations" means any violation other than those defined as a major violation. (q) "Property Management Posting" means a sign required to be posted and maintained at all times which shall include the address and location to obtain repair requests and a current 24-hour emergency phone number. The sign shall be posted close to the main entrance in an area accessible and visible to the general public, or as may otherwise be approved in writing by the Building Official. (r) "Rental Property (ies)" means any single or multiple dwelling unit(s) zoned parcel, or any multiuse zoned parcel, used for occupancy by a person(s) other than the owner of the dwelling unit and is occupied or intended to be occupied for rental or lease purposes. This definition includes the exterior of the structure, and the entire legal property upon which the structure exists, including but not limited to all yards, parking lots, driveways, landscaped area, accessory structures, fences, walls, swimming pools, hot tubs and spas. For the purpose of this article, the following types of dwelling units or facilities are not considered Rental Property/ Dwelling / Unit:
(1) Conventional hotels or motels.
(2) Accommodations in any hospital, extended care facility, residential care facility, convalescent home, nonprofit home for the aged, or dormitory that is owned and operated by an educational institution.
(s) “Single-Family Dwelling(SFD)/Duplex” means one dwelling unit in one standalone building, not including an ADU or JADU as defined in Section 19.10.070. A duplex, meaning two dwelling units in one standalone building, is treated as an SFD and not a multi-family dwelling (MFD) for the purposes of determining the number, type, and development standards of ADU/JADUs.
(t) “Multi-Family Unit” means a multifamily residential dwelling. Multi-Family Unit is a classification of housing where three or more housing units for residential inhabitants are contained within one building or several separate buildings within one complex or site. Units can be next to each other, or stacked on top of each other. A common form of this type of housing is an apartment building.
(u)"Repair Request Form" means a two-part form the owner of a property must provide to all tenants. The form shall indicate the address the form is to be delivered to for repair and an area for the manager or owner to sign the receipt of the repair request.

The owner shall provide a copy of the request to the tenant.

19.a
Packet Pg. 228 Attachment: Updated Rental Registration Ordinance 06-09-2022 with 5.91.020 amendment (5067 : Adoption of Ordinance No. 993-2022 - Sec. 5.91.040:

Rebuttable Presumption
For the purposes of this Article, if a property tax bill, water, or sanitation utility bill for a property is mailed to an address other than the property's address, it shall be a rebuttable presumption that the property is a Rental Property. This presumption can be rebutted by the owner of record by providing reasonable documentation to the City sustaining that the property is owner occupied or is not being used, actively or not, for rental income.

Sec. 5.91.050:

Annual Rental Permit Required/Change of Ownership
Every owner of one or more dwelling units that are Rental Properties, whether single family or multi-family dwelling units, or any combination thereof, shall be required to obtain an Annual Rental Permit for each Rental Property within sixty (60) days of becoming a residential rental unit, or being converted to a residential rental unit. An Annual Rental Permit shall be issued after the Rental Property has passed an initial Rental Property inspection of each dwelling unit located on the parcel as provided in Section 5.91.080 and has complied with all other applicable laws, including payment of the Annual Rental Permit fees. No interior inspection shall take place without the consent of the owner, their authorized representative, or tenant, unless the Building Inspector or their designee has an inspection warrant or upon exigent circumstances. Landlords may also self-certify and accept all liability that their property is in compliance with the City’s housing and property maintenance standards by completing the City’s Self-Certification Checklist. The Annual Rental Permit shall not be transferable. Upon property ownership change, the Annual Rental Permit issued to the prior Property Owner shall be null and void and such Annual Rental Permit file shall be closed. New Property Owners must make application for the required Annual Rental Permit within 30 calendar days of taking ownership of rental property(ies). Licenses will be backdated to the first day of the month in which ownership is recorded with the County of San Bernardino.

Sec. 5.91.060:

Owner's Authorized Representative
(a) For purposes of this article, all owners of Rental Property shall designate a local authorized representative with full authority to act on behalf of the owner for all purposes under this article, including the acceptance of service of all notices from the city. An original copy of the authorization must be submitted to the City, signed by the Property Owner and be either notarized or accompanied by a copy of the Property Owner's identification.
(b) All owners of Rental Property (ies) must establish and maintain, at all times, a working telephone number and a current address of residence. Any designated local authorized representative must establish and maintain, at all times, a working telephone number and a residence or business address within fifteen 15 miles of any of his/her designated Rental Property(ies). The owner of Rental Property (ies), their local authorized contact representative, or tenant shall be accessible to the City through the provided telephone number(s) 24 hours a day, 7 days a week.

19.a
Packet Pg. 229 Attachment: Updated Rental Registration Ordinance 06-09-2022 with 5.91.020 amendment (5067 : Adoption of Ordinance No. 993-2022 - Sec. 5.91.070:

RESERVED
Sec. 5.91.080:

Initial and Annual Inspection
(a) As a condition of exercising the privilege of renting or teasing a Rental Property to any person and/or entity, the Owner of any dwelling unit considered Rental Property per this Code which is located in the City shall register with the City for an Annual Rental Permit.
(b) All dwelling units that are considered Rental Property per this Code which are located in the City shall be subject to an initial inspection upon submittal of an Annual Rental Permit application, and an annual inspection thereafter by the Building Official or his/her designee for compliance with all applicable laws. The intent of the inspections shall be limited to the scope stated in section 5.91.020 to verify compliance with the Barstow Municipal Code and/or California Building Code and/or California Fire Codes in regard to housing, building, land use, and property maintenance codes (c) If the Owner of Rental Property fails to register or reregister such units in compliance with this Chapter, the Building Official shall register or reregister said units in the name of the owner and set a date and time for initial inspection of said units, and shall send written notification to the Owner that the property has been so registered and advising of the date and time set for inspection, accompanied with a bill for the registration/processing fee and the total initial inspection fee for each unit, and include information on the self-certification program.
(d) The City will mail out a notice of inspection along with a checklist the City will use on the inspection no less than thirty (30) calendar days prior to the expiration of the Annual Rental Permit.
(e) The City's designated personnel shall conduct an exterior and interior site inspection of each Rental Property prior to the initial issuance of an Annual Rental Permit or prior to the annual issuance of a renewal Annual Rental Permit, unless specifically indicated elsewhere. The scope of the inspection shall include, but is not limited to:
(1)Exterior property maintenance and cleanliness
(2)Landscape maintenance in accordance with the Barstow Municipal Code; (3)Land use such as off-street parking requirements, storage of inoperative vehicles and accessory structure and uses related to unpermitted business; (4)Maintenance and upkeep of the primary structure such as windows, paint, stucco, weather protection, roof and other architectural features and accessory structures such as sheds, cabanas, trash enclosures, etc.
(5)An interior inspection to ensure compliance with this code, as well as the Barstow Municipal Code, California Residential Code and the Uniform Building Code. No interior inspection shall take place without the consent of the owner, their

19.a
Packet Pg. 230 Attachment: Updated Rental Registration Ordinance 06-09-2022 with 5.91.020 amendment (5067 : Adoption of Ordinance No. 993-2022 - authorized representative, or tenant, unless the Building Inspector or their designee has an inspection warrant or upon exigent circumstances (f) Annual Rental Permit Initial Application and Annual Renewal Inspections: a Rental Property seeking either an initial or annual renewal Rental Permit shall require an inspection conducted within thirty (30) calendar days after the submittal of an Annual Rental Permit application or within thirty (30) days of expiration of the Annual Rental Permit and one compliance re-inspection conducted within fourteen (14) calendar days after a failed initial compliance inspection. Any violation found after the compliance re-inspection or by a valid tenant complaint shall be enforced in accordance with Barstow Municipal Code or the adopted California Building and/or Fire Codes. Additionally, any re-inspections conducted after two (2) will be charged an Annual Rental Permit re-inspection fee as per the City's adopted Master Fee Schedule.
(g) Notice of Annual Rental Permit Renewal Inspection.
(1)Prior to an Annual Rental Permit expiration, an Annual Rental Permit renewal notice will be sent to the Property Owner:
(2)Said renewal notice will be mailed by first class mail to the Owner at the Owner's last known address as it appears in the Rental Annual Permit records. In the case of multiple Owners of the same Rental Property, notice to anyone of the Property owners is sufficient notice.
(3)In the event an Owner, Owner's Authorized Representative or Tenant in possession of the Rental Property refuses to allow access to conduct the exterior or interior inspection, City personnel and the City Attorney may use all legal remedies to ensure that an inspection is conducted as required by this Article. (4)The City's Building Department will make reasonable arrangements to inspect the interior of the property with the owner or authorized representative’s consent during reasonable times.
(h) After completion of the initial or annual renewal inspection for the Annual Rental Permit, where the Rental Property fails the inspection due to having violation(s) on the property, the City shall provide a copy of the written report to the owner or the Owner's Authorized Representative upon conclusion of the inspection. The report shall contain:
(1)An itemization of any violation(s) of the applicable laws identified during the inspection.
(2)The period of time given for correcting each of the identified violation(s). (3)Notice that the City will re-inspect the Rental Property at the end of the period of time for correction.
(4) A statement that if the violation(s) are found to be out of compliance during the reinspection, the City will not issue the Annual Rental Permit provided under Section

5.91.050 of this Code, and the City may pursue any legal remedies available to it, whether from this Code or any other applicable law, in order to abate said violations (i) After completion of a failed initial Annual Rental Permit inspection or a failed annual renewal Annual Rental Permit re-inspection, a report listing the violations shall be

19.a
Packet Pg. 231 Attachment: Updated Rental Registration Ordinance 06-09-2022 with 5.91.020 amendment (5067 : Adoption of Ordinance No. 993-2022 - provided to the property owner and the tenant. The database shall reflect the failed re-inspection and the matter shall be enforced under the Barstow Municipal Code to include Titles 1, 6 and 15, although not excluding any portion of said Code. (j) If no violations are found as a result of an initial or annual renewal inspection or reinspection, the report and database shall state so, and the City shall issue the Annual Rental Permit to the owner. All inspection reports shall be available as a public record upon request.
(k) A site that has had no violations for two (2) consecutive years may be eligible for an automatic extension of the annual Certificate of Compliance. The annual fee will be reduced by fifty (50) percent of the fee as based upon the fee schedule as adopted by the City Council. An eligible extension may only be issued one time before another inspection is issued. If, after the initial two years with no violations the property shall be eligible to be inspected at two (2) year intervals. Upon a validated complaint, or a violation within the required inspection, the automatic extension shall cease until another two (2) years of annual inspections occurs with no violations.

The fifty percent reduction will only apply to non-inspection years.

Sec. 5.91.090:

Certificate of Compliance
(a) Owners of all residential rental units shall obtain and maintain a valid and current certificate of compliance. All residential rental units that do not have a certificate of compliance, and their owners, shall be in violation of this ordinance. (b) A certificate of compliance shall be issued for all residential rental units upon completion of the following:
(1) The residential rental unit property has been inspected an approved by the Building Official or designee.
(2) Any existing code violations have been corrected and/or repaired with proper permits and inspections.
(3) The repair request form and maintenance request log is complete and approved by the Building Official. On properties with an on-site manager's unit or a management office, the maintenance request log shall be maintained at that location. On properties with no on-site manager's unit or management office, it shall be maintained at a location designated by the Building Official. The maintenance log shall at all times be available for review when requested by the Building Official or designee.
(4) The residential rental unit property is posted as follows:
(i) 1-4 Units - A property management posting a sign as defined in Section

5.91.030, above shall be posted in a prominent outdoor location and in a manner approved by the Building Official. If the property owner as a private individual manages the unit(s), no posting is required. However, contact information must be identified on the registration application.

Any change in contact information shall be made within thirty (30) days of the change. Failure to update the contact information shall be considered a violation of this code.

19.a
Packet Pg. 232 Attachment: Updated Rental Registration Ordinance 06-09-2022 with 5.91.020 amendment (5067 : Adoption of Ordinance No. 993-2022 - (ii) 5 or more units - The onsite manager unit or management office, if any, shall be identified in a manner approved by the Building Official. A property management posting sign as defined shall be posted in a prominent outdoor location and in a manner approved by the Building Official.
(5) All residential rental unit registration and inspection fees are paid in full. (6) A current complete registration application is on file with the Building Official. (c) Issuance of a certificate of compliance shall not constitute a guarantee or warranty of the habitability or complete compliance with the city housing and property maintenance standards, including but not limited to, the California Residential Code, Uniform Building Code and local codes, and the occupant of any residential rental unit shall not rely on the Certificate of Compliance as such a guarantee or warranty. The Certificate of Compliance shall contain a notice to this effect. The city shall not assume any liability to any person by reason of the inspections required by this chapter or the issuance of a Certificate of Compliance. Certificates of compliance shall expire on the expiration date shown on the Certificate and shall be renewed prior to such date. The Building Official shall determine the expiration dates of Certificates of Compliance and inspection frequency based upon the nature of violations found during the residential rental unit inspections, the following registration and inspection frequency schedule, in conjunction with his review of past compliance violations within the preceding twelve months
Registration and Inspection Frequency Schedule
Single Family or Detached
• New Construction - Certificate of Occupancy issued within the preceding six months:

No registration fee
One year
• Conversion of Existing Unit(s):

Registration fees at one hundred percent.

One year
• No Violations:

Registration fees due as prescribed in the Master Fee Schedule. Each year.

After two years of no violations, inspections may be extended to two years.

Registration fee may be reduces by fifty percent.
• Violations:

Registration fees at one hundred percent.

One year
Multiple Family - Three units and above
• New Construction or Conversion of Existing Units - Certificate of Occupancy issued within the preceding six months:

Registration fees at one hundred percent.

One year
• No Violations:

Registration fees due as prescribed in the Master Fee Schedule.

19.a
Packet Pg. 233 Attachment: Updated Rental Registration Ordinance 06-09-2022 with 5.91.020 amendment (5067 : Adoption of Ordinance No. 993-2022 - Each year. After two years of no violations, inspection may be extended to two years. Registration fee may be reduced by fifty percent. • Violations:

Registration fees at one hundred percent.

One year
Sec. 5.91.100:

Re-registration and Certificate of Compliance Renewal
The owner of a residential rental unit shall apply and pay all required fees not less than thirty (30) days prior to the scheduled expiration of the certificate of compliance. The owner of a residential rental unit property shall re-register and meet all the requirements and pay all fees as for a new certificate, except as outlined in Section 5.91.090 above.

Upon re-registration, inspection and the issuance of a new certificate of compliance, the Building Official in the exercise of his discretion may grant a frequency upgrade to extend the inspection frequency for no more than two years, after two or more years of consecutive inspections with no violations.

Sec. 5.91.110:

Re-inspection Process to Renew a Certificate of Compliance The owner shall make available all residential rental units for inspection within ten working days of the Building Official's request. The Building Official in his discretion may require inspections by other city departments and/or San Bernardino County enforcement agencies, including but not limited to the County Health Department and Barstow Fire Department. According to the inspection frequency of the property, the Building Official may, but is not required to, randomly select the following percentage of units for inspection:
(a) Two-year inspection frequency - Inspection of 10-40% of the units on the property for the initial inspection. If recurring or major violations are found during the initial inspection, then additional units will be inspected. Any major violations found will result in an inspection of 100% of all units. The site may also default back to a one-year inspection schedule at the discretion of the Building Official. (b) One year inspection frequency – Inspection of 50-60% of all units on the property for the initial inspection. If recurring or major violations are found during the initial inspection, then additional units will be inspected. Any major violation found will result in 100% inspection of all units.

Sec. 5.91.120:

Violations
(a) Whenever the Building Official or his/her designee determines that a violation of this Article exists, designated City personnel shall issue a notice of violation and provide an order to correct the violation(s) located at the Rental Property. The notice shall be provided (1) by hand delivery or U.S. mail to the Owners or Owner's

19.a
Packet Pg. 234 Attachment: Updated Rental Registration Ordinance 06-09-2022 with 5.91.020 amendment (5067 : Adoption of Ordinance No. 993-2022 - Authorized Representative, and (2) either by mail or hand delivery to the Rental Property Tenant, or by posting said notice on the front door of Tenant's dwelling unit. Said notice shall be in writing and shall describe with reasonable detail the violation(s) so that the Property Owner has the opportunity to identify and correct any identified violation. Any person who fails to comply with any provisions of this article after receiving written notice of the violation(s) and has been given a minimum of 14 days from the date of initial or re-inspection to correct such violation(s) shall be deemed to be in violation of this Article. (b) A violation of this article shall be enforced in accordance with Barstow Municipal Code Titles 1, 6 and 15, although not excluding any portion of said Code. The Building Department may also take action to suspend or revoke the Annual Rental Permit issued to the property owner if the property owner has failed to correct any or all violations.
(c) Any Rental Property which has been subjected to enforcement actions under Barstow Municipal Code Titles 1, 6 and 15, although not excluding any portion of said Code, and has continued to fail to comply with this Code, including any Rental Property maintenance requirements, and any state or local law relating to housing standards, property maintenance, building codes, or land use requirements, shall be considered a public nuisance and subject to abatement procedures as set forth in Chapters 6.28 and 6.30 of the Barstow Municipal Code. (d) Violations of this Chapter shall be treated as a strict liability offense regardless of intent. Any person, firm and/or corporation that violates any portion of this Chapter shall be subject to prosecution under this Chapter, Barstow Municipal Code Titles 1, 6 and 15, and/or Section 11570 et. seq. of the California Health and Safety Code (Drug Abatement)
(e) The City may also utilize the provisions of the Revenue and Taxation Code Section 24436.5 to encourage the elimination of substandard conditions in rental housing.

The City is also authorized to bring an action under the Business and Professions Code for unfair business practices
(f) In an action, administrative proceeding, or special proceeding to abate a violation of this Chapter, the prevailing party may recover Attorneys' fees pursuant to Government Code Section 38773.5. Recovery of Attorneys' fees is limited to those individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own Attorneys' fees. An award of Attorneys' fees to a prevailing party shall not exceed the amount of reasonable Attorneys' fees incurred by the City in an action, administrative proceeding, or special proceeding.
(g) The remedies provided in this section are in addition to the remedies and penalties available under this Code, and all other laws of this state.

19.a
Packet Pg. 235 Attachment: Updated Rental Registration Ordinance 06-09-2022 with 5.91.020 amendment (5067 : Adoption of Ordinance No. 993-2022 - Section 5.91.130:

Complaint Based Inspections
Nothing contained in this article shall prevent or restrict the City's authority to inspect any Residential Rental Property in response to a complaint alleging Code violations or violations of any other applicable laws, or to pursue all remedies available under this Code or applicable laws. If a complaint is validated by a complaint-based inspection, the residential rental inspection frequency may, at the Building Officials discretion, be reduced to a one year inspection.

Section 5.91.140:

Expired Certificate of Compliance
(a) This chapter is not intended to and shall not be construed to limit in any way the remedies available to the City to prosecute or abate public nuisances or violations of the City's property maintenance standards, the California Residential Code and/or Uniform Building Code. Upon expiration of a certificate of compliance the city may proceed with any remedy permitted by law or equity to abate the violations or prosecute the owner and/or responsible party.
(b) Upon termination or expiration of a certificate of compliance, the Building Official shall not re- issue a new certificate of compliance until all of the following conditions are met:
(1) All violations must be repaired and inspected;
(2) All costs and fees due for enforcement actions shall be paid to the city; (3) New registration and fees shall be filed and paid;
(4) Re-inspection shall be completed for all residential units on the property.

Certificate of compliance issued after being terminated or expired for any reason shall automatically be scheduled for one-year inspection frequency. (c) Certificate of compliance issued after being terminated or expired for any reason shall automatically be scheduled for one-year inspection frequency.

Section 5.91.150:

Failure to Pay Fees
Should a property owner fail to pay the Annual Rental Permit fee within 15 days after the expiration date on the Annual Rental Permit, they shall be accessed penalties and interest as per Section 5.04.080 of the Barstow Municipal Code. In addition, any cost recovery fee or administrative fine related to the enforcement of and compliance with this article shall be a debt to the City and shall be enforced in accordance with Titles 1, 6 and 15 of the Barstow Municipal Code. Any Annual Rental Permit fee more than 15 days late shall be considered expired and shall be subject to Section 5.91.120 above.

Section 3. Severability
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a

19.a
Packet Pg. 236 Attachment: Updated Rental Registration Ordinance 06-09-2022 with 5.91.020 amendment (5067 : Adoption of Ordinance No. 993-2022 - court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 4. CEQA Exemption
The adoption of this Ordinance and the implementation of the regulatory programs of this Ordinance do not require further review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15301, in view of the fact that the regulatory programs are hereby enacted, apply to existing structures and buildings and are intended to provide for continuous and appropriate maintenance and protection of such structures and buildings for so long as the structures and buildings may remain unoccupied or vacant.

Section 5. Effective Date
This ordinance shall take effect January 1, 2023.

Section 6. Repeal of Conflicting Provisions
All the provisions of the Barstow Municipal Code as heretofore adopted by the City of Barstow that are in conflict with the provisions of this ordinance are hereby repealed.

Section 7. Certification.

The City Clerk of the City of Barstow is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law.

PASSED, APPROVED and ADOPTED this 18th day of July, 2022. ________________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
________________________________
Andrea Flores, City Clerk

19.a
Packet Pg. 237 Attachment: Updated Rental Registration Ordinance 06-09-2022 with 5.91.020 amendment (5067 : Adoption of Ordinance No. 993-2022 - APPROVED AS TO FORM:
________________________________
Matthew T. Summers, City Attorney
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. 993-2022, which was introduced at the regular meeting of the City Council of the City of Barstow held on the 20th day of June, 2022, and adopted at the regular meeting of the City Council of the City of Barstow on the 18th day of July, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Andrea Flores, City Clerk

19.a
Packet Pg. 238 Attachment: Updated Rental Registration Ordinance 06-09-2022 with 5.91.020 amendment (5067 : Adoption of Ordinance No. 993-2022 - Joint Special Council/BFPD
07/18/22 06:00 PM
Finance
Heidy Riley
Public Hearing
Doc ID: 5070

COUNCIL RESOLUTION
AGENDA MATTER:

LIEN PROTEST HEARING FOR DELINQUENT TRASH & SEWER ACCOUNTS EXECUTIVE SUMMARY:

Pursuant to Barstow Municipal Code Sections 6.20.210 and 13.22.060, a protest hearing is being conducted for property owners who have been notified regarding an assessment lien to be placed on their property as a result of unpaid sewer and trash collection fees.

DISCUSSION:

On June 20, 2022, the City Council set the date, time, and location for a public hearing regarding lien protests and the report of delinquent sewer and trash (“utility”) accounts. The public hearing is for property owners who have been notified of account delinquency and who wish to be heard by the City Council in reference to delinquent utility fees.

Upon approval of the Resolution, a lien and/or special tax assessment will be placed upon those properties as a result of unpaid utility fees that are delinquent as of April 30, 2022. Liened amounts will be sent to the San Bernardino County Tax Assessor who will place a special assessment upon the property owner's property tax bill in order to collect delinquent utility fees.

Pursuant to the Barstow Municipal Code, individual notices have been mailed to each property owner of record, to the mailing address on file, having a delinquent utility account of $50 or more as of April 30, 2022.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

1. Conduct a protest hearing and subject to testimony received, adopt Resolution No. ____-2022 and waive further reading.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW MAKING

DETERMINATIONS AND CONFIRMING ASSESSMENTS AND PROCEEDINGS

FOR UNPAID TRASH COLLECTION AND/OR SEWER FEES
WHEREAS, the Finance Director of the City of Barstow has filed in the office of the City Clerk of said City, an assessment for certain unpaid trash collection and/or sewer fees in said City, in accordance with Section 620.210 and

13.22.060 of the Barstow Municipal Code.

WHEREAS, the Finance Director has, as required, given notice of time fixed for hearing by the City Council; and
WHEREAS, all property owners involved in this assessment have been duly notified of the time and place of said hearing fifteen (15) days prior to said hearing; and
WHEREAS, a hearing was held before the City Council of the City of Barstow at 7:00 p.m. on July 18, 2022, in the City Council Chambers, 220 East Mountain View Street, Barstow, California, the time and place fixed in such notice; and WHEREAS, during the aforementioned hearing, all appeals, protests or objections, if any, were duly presented and the City Council gave all persons noticed and present desiring to be heard, an opportunity to be heard in respect to any matter relating to said assessments, to the corrections of said assessments, or to any matter relating to said assessments or the proceedings therefore; and
WHEREAS, all such persons desiring to be heard have been heard by the City Council and the City Council is fully informed of the premises.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY FIND, DETERMINE AND ORDER AS FOLLOWS:
1) That said hearing has been duly held; that each and every step in the proceedings prior to and including the hearing has been duly and regularly taken; that this City Council is satisfied with the correctness of the assessment; the proceedings and all matters relating thereto; and that all protests, objections, or appeals are hereby overruled and denied; and the City Council does hereby confirm said proceedings and said assessments.

20.a
Packet Pg. 240 Attachment: 7-18-2022 FINAL ATTACHMENT-RESO AND LIEN LIST PUBLIC (5070 : Lien Protest Hearing for Delinquent Trash & Sewer Resolution No. _____-2022
2) That the fees for the sewer and trash collection shall be assessed against the benefiting property and shall be assessed as a lien on the property benefited thereby, which lien shall be included on the tax roll for taxes levied against the property.
3) That the prorated first year interest @1.5% per month, a penalty of 10% of lien unpaid balance and the administrative cost of preparing the liens and assessments will be added to the delinquent amounts and assessed against the benefiting properties.
4) That additional interest shall be charged by the County of San Bernardino if the balance remains unpaid for more than one year.
5) That the parcels to be liened and the amount of said lien are set forth on Exhibit “A” attached hereto and made a part thereof.

PASSED AND ADOPTED THIS 18
th DAY OF JULY, 2022.
______________________________
Paul Anthony Courtney, Dr. B.A.

Mayor
ATTEST:
____________________________
Andrea Flores
City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and Ex-Officio Clerk of the Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, that the foregoing is a true and correct copy of Resolution No. ____-2022 of said City which was adopted at a regular meeting of said Council held the 18th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Andrea Flores
City Clerk

20.a
Packet Pg. 241 Attachment: 7-18-2022 FINAL ATTACHMENT-RESO AND LIEN LIST PUBLIC (5070 : Lien Protest Hearing for Delinquent Trash & Sewer

EXHIBIT
“A”
Lien Protest Hearing
Lien Listing 7/18/2022

20.a
Packet Pg. 242 Attachment: 7-18-2022 FINAL ATTACHMENT-RESO AND LIEN LIST PUBLIC (5070 : Lien Protest Hearing for Delinquent Trash & Sewer PRELIMINARY LIEN LIST AS OF JULY 12, 2022 FOR JULY 18, 2022, PROTEST HEARING - PUBLIC No. Parcel Number Past Due Amount
(as of 04/30/2022)
Late Fee
(10%)
Penalty
(18%) Admin Fee Lien Release Fee
Processing
Fee
Total Lien
Amount
1 0182162100000 $654.03 $65.40 $117.73 $45.00 $20.00 $10.00 $912.16 2 0182162080000 $246.83 $24.68 $44.43 $45.00 $20.00 $10.00 $390.94 3 0183051200000 $121.59 $12.16 $21.89 $45.00 $20.00 $10.00 $230.64 4 0183052150000 $778.43 $77.84 $140.12 $45.00 $20.00 $10.00 $1,071.39 5 0183052200000 $121.59 $12.16 $21.89 $45.00 $20.00 $10.00 $230.64 6 0181181190000 $121.59 $12.16 $21.89 $45.00 $20.00 $10.00 $230.64 7 0182104120000 $278.43 $27.84 $50.12 $45.00 $20.00 $10.00 $431.39 8 0182143030000 $778.43 $77.84 $140.12 $45.00 $20.00 $10.00 $1,071.39 9 0183052440000 $778.43 $77.84 $140.12 $45.00 $20.00 $10.00 $1,071.39 10 0183061060000 $246.83 $24.68 $44.43 $45.00 $20.00 $10.00 $390.94 11 0183052420000 $438.37 $43.84 $78.91 $45.00 $20.00 $10.00 $636.12 12 0182132060000 $778.43 $77.84 $140.12 $45.00 $20.00 $10.00 $1,071.39 13 0182162050000 $261.91 $26.19 $47.14 $45.00 $20.00 $10.00 $410.24 14 0183011440000 $778.43 $77.84 $140.12 $45.00 $20.00 $10.00 $1,071.39 15 0181901150000 $280.46 $28.05 $50.48 $45.00 $20.00 $10.00 $433.99 16 0424212050000 $121.59 $12.16 $21.89 $45.00 $20.00 $10.00 $230.64 17 0424217200000 $778.43 $77.84 $140.12 $45.00 $20.00 $10.00 $1,071.39 18 0183251580000 $778.43 $77.84 $140.12 $45.00 $20.00 $10.00 $1,071.39 19 0183241060000 $641.56 $64.16 $115.48 $45.00 $20.00 $10.00 $896.20 20 0183491030000 $372.07 $37.21 $66.97 $45.00 $20.00 $10.00 $551.25 21 0183491080000 $246.83 $24.68 $44.43 $45.00 $20.00 $10.00 $390.94 22 0183491090000 $246.83 $24.68 $44.43 $45.00 $20.00 $10.00 $390.94 23 0183561760000 $641.56 $64.16 $115.48 $45.00 $20.00 $10.00 $896.20 24 0183561740000 $375.72 $37.57 $67.63 $45.00 $20.00 $10.00 $555.92 25 0181541200000 $121.59 $12.16 $21.89 $45.00 $20.00 $10.00 $230.64 26 0181542050000 $778.43 $77.84 $140.12 $45.00 $20.00 $10.00 $1,071.39 27 0181541170000 $344.28 $34.43 $61.97 $45.00 $20.00 $10.00 $515.68 28 0183261480000 $121.59 $12.16 $21.89 $45.00 $20.00 $10.00 $230.64 29 0181792050000 $729.28 $72.93 $131.27 $45.00 $20.00 $10.00 $1,008.48 30 0183491480000 $508.26 $50.83 $91.49 $45.00 $20.00 $10.00 $725.58 31 0181683020000 $110.24 $11.02 $19.84 $45.00 $20.00 $10.00 $216.10 32 0183181270000 $532.91 $53.29 $95.92 $45.00 $20.00 $10.00 $757.12 33 0183361060000 $641.56 $64.16 $115.48 $45.00 $20.00 $10.00 $896.20 34 0181132220000 $778.43 $77.84 $140.12 $45.00 $20.00 $10.00 $1,071.39 35 0181132160000 $778.43 $77.84 $140.12 $45.00 $20.00 $10.00 $1,071.39 36 0181253080000 $778.43 $77.84 $140.12 $45.00 $20.00 $10.00 $1,071.39 37 0181683070000 $778.43 $77.84 $140.12 $45.00 $20.00 $10.00 $1,071.39 38 0181353060000 $778.43 $77.84 $140.12 $45.00 $20.00 $10.00 $1,071.39 39 0181353040000 $778.43 $77.84 $140.12 $45.00 $20.00 $10.00 $1,071.39 40 0181353020000 $641.56 $64.16 $115.48 $45.00 $20.00 $10.00 $896.20 41 0183311580000 $778.43 $77.84 $140.12 $45.00 $20.00 $10.00 $1,071.39 42 0183311150000 $101.32 $10.13 $18.24 $45.00 $20.00 $10.00 $204.69 43 0181163080000 $311.36 $31.14 $56.04 $45.00 $20.00 $10.00 $473.54 44 0425102350000 $778.43 $77.84 $140.12 $45.00 $20.00 $10.00 $1,071.39

Page 1 of 15 ends

Barstow City CouncilJuly 18, 2022

Barstow City Council
July 18, 2022