Agenda packet — Barstow City Council, August 15, 2022

BARSTOW CITY COUNCIL

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
AUGUST 15, 2022
6:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA

REGULAR MEETING
Agenda-August 15, 2022

Page 1 of 5 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-August 15, 2022

Page 2 of 5 ends

PUBLIC COMMENT - CLOSED SESSION: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC

TO ADDRESS THE GOVERNING BOARD ON MATTERS ON THE CLOSED SESSION AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

CLOSED SESSION AGENDA ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Recommended Action:
(Gov. Code § 54956.9(d)(4))
Number of Potential Cases: 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.

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:

2. PRESENTATION OF CERTIFICATES OF RECOGNITION FOR CREATIVE CONFIDENCE

PILOT PROGRAM PARTNERS
Recommended Action:

Presentation only.

Agenda-August 15, 2022

Page 3 of 5 ends

CONSENT CALENDAR PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE GOVERNING BOARD ON ALL MATTERS ON THE CONSENT CALENDAR.

SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS ON ALL CONSENT ITEMS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

MINUTES ALL AGENCIES:

3. MINUTES JOINT MEETING - AUGUST 1, 2022 6:00 P.M.

Recommended Action:

Approve minutes as presented.

CITY COUNCIL:

4. RESOLUTION ADOPTING THE 2023-2027 MEASURE I FIVE YEAR CAPITAL IMPROVEMENT

PROGRAM
Recommended Action:

Staff recommends that the City Council enact the following actions:

1. Approve Resolution No. ______-2022 adopting the City of Barstow's Measure I Capital Improvement Program for Fiscal Year 2022/23 through 2026/27 and waive the full reading.

2. Direct staff to forward a copy of the adopted resolution to SBCTA.

5. RESOLUTION NO. ____ - 2022 TEMPORARILY CLOSING CERTAIN STREETS WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH SECTION 21101(E) OF THE CALIFORNIA

VEHICLE CODE FOR THE MARDI GRAS PARADE
Recommended Action:

Adopt Resolution No. ____-2022 (Temporarily Closing Certain Streets within the City of Barstow in Accordance with Section 21101(E) of the California Vehicle Code - Kiwanis Mardi Gras Parade), appropriate $20,700 to account number 102.150.542.07.755, and waive the full reading.

6. APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE TECHNICAL TRAINING FOR CLERKS SERIES 300
Recommended Action:

Approve travel for City Clerk Andrea Flores to Riverside, CA for the Technical Training for Clerks (TTC) Series 300.

7. CONSIDERATION TO CANCEL THE CITY COUNCIL MEETING SCHEDULED FOR SEPTEMBER 5, 2022
Recommended Action:

Cancel the September 5, 2022, City Council meeting.

8. FY23 WWTP IT INFRASTRUCTURE APPROPRIATION
Recommended Action:

Staff recommends that City Council approve the attached Budget Amendment in the amount of $76,850 from the Waste Water Treatment Fund's fund balance and appropriate such funding to Waste Water Fund IT Allocation account, account number 605.605.601.06.644.

9. ADOPTION OF ORDINANCE 992-2022 APPROVING QUALITY LIFE INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council adopt Ordinance No. 992-2022 approving Quality Life Inc.’s Agenda-August 15, 2022

Page 4 of 5 ends

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.

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:

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.

BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:

STAFF REPORTS:

POLICE CHIEF COMMENTS:

FIRE CHIEF COMMENTS:

CITY MANAGER / DISTRICT MANAGER COMMENTS:

BUSINESS / ACTION ITEMS:

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.

Agenda-August 15, 2022

Page 5 of 5 ends

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 10th day of August, 2022.

Regular Meeting
08/15/22 06:00:PM
Maria Chavez
Doc ID: 5108

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None
RECOMMENDED ACTION:
(Gov. Code § 54956.9(d)(4))
Number of Potential Cases: 1.
1 Packet Pg. 6
Regular Meeting
08/15/22 06:00 PM
City Clerk / Records
Christina Rudsell
Presentation
Doc ID: 5103

AGENDA ITEM
AGENDA MATTER:

PRESENTATION OF CERTIFICATES OF RECOGNITION FOR CREATIVE CONFIDENCE PILOT

PROGRAM PARTNERS
EXECUTIVE SUMMARY:

In 2020, Barstow Community College was named a recipient of the Growing Inland Achievement Innovation Grant. The funds were used to support the development of an instrument to measure the “creative confidence” of students and launch a campaign to reach out to the region with the message “college is for all.” Through a partnership with Barstow Community College, Growing Inland Achievement, Garner Holt Education Through Imagination, and Barstow Junior High School, the Creative Confidence pilot program was launched. The first of its kind, the program targeted 8th grade African American males through an innovative approach that centered on hands-on skill development, innovation, mentorship, brotherhood, and leadership. A student showcase was held at Barstow Community College on May 18, 2022 allowing students to share all they had accomplished in the program. The City Council will be presenting certificates of recognition to all of the partners that were involved in making the program a reality and improving African American representation in education by exploring and implementing innovative approaches to help students feel a stronger sense of belonging on campus and becoming more engaged in the entire educational experience.

DISCUSSION:

Presentation only.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Presentation only.
2 Packet Pg. 7
Regular Meeting
08/15/22 06:00 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5105

AGENDA ITEM
AGENDA MATTER:

MINUTES JOINT MEETING - AUGUST 1, 2022 6:00 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
3 Packet Pg. 8

BARSTOW CITY COUNCIL /

BARSTOW FIRE PROTECTION DISTRICT

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
AUGUST 1, 2022
6:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

JOINT SPECIAL MEETING
Minutes-August 1, 2022

Page 1 of 13 ends

CALL TO ORDER - CLOSED SESSION:

MAYOR COURTNEY called the Closed Session meeting to order at 6:02 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.

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 TWO 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.

3.a
Packet Pg. 9
Minutes-August 1, 2022

Page 2 of 13 ends

SPEAKERS

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Mentioned the third-party investigations were completed two weeks ago and wanted to know when the public would be informed of the results.

JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Expressed concerns the with City’s current litigations.

MOTION TO GO INTO CLOSED SESSION:

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

1. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Recommended Action:
(Gov. Code § 54956.9(d)(4))
Number of Potential Cases: 1.

REPORT OF CLOSED SESSION:

CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider one item regarding potential initiation of litigation. No reportable action was taken.

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

MAYOR COURTNEY called the Regular Meeting to order at 7:13 P.M.

INVOCATION:

MAYOR PRO TEM NOBLE led the invocation.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER DYER KRUSE led the pledge of allegiance.

ROLL CALL:

3.a
Packet Pg. 10
Minutes-August 1, 2022

Page 3 of 13 ends

PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING

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

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

2. CERTIFICATE OF RECOGNITION FOR THE UNITED STATES VETERANS SUPPORT GROUP CHAPTER #1
Recommended Action:

Presentation only.

A certificate of recognition was presented to the United States Veterans Support Group Chapter #1 Events Committee for their upcoming 9/11 Public Remembrance Memorial Ceremony.

RESULT: PRESENTATION ONLY

3. CERTIFICATE OF RECOGNITION FOR CITY OF BARSTOW LIFEGUARDS Recommended Action:

Presentation only.
- Certificates of recognition were presented to City of Barstow Pool Manager Axel Rivera and Lifeguard Francisco Cadillo for preventing a near drowning incident at Henderson Pool on the afternoon of June 17, 2022.
- Lifeguard Kristianna Quijote was not present, but was also recognized.

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.

3.a
Packet Pg. 11
Minutes-August 1, 2022

Page 4 of 13 ends

MINUTES ALL AGENCIES:

4. MINUTES CLOSED SESSION MEETING - JULY 18, 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

5. MINUTES JOINT MEETING - JULY 18, 2022 6:00 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
ACCOUNTS PAYABLE ALL AGENCIES:

6. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:

Approve and ratify expenses, as audited, for checks #87745-88550 totaling $7,463,528.47 and wires #806-822 totaling $1,350,516.23, per the Agency breakdown below:

City: $8,049,766.15
Fire: $762,428.55
Successor Agency: $1,850.00
Grand Total: $8,814,044.70

SPEAKERS
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Asked what services Jackson Lewis was providing.
- Discussed concerns with $8 million in expenditures when public safety staff were not receiving salary increases.

COUNCIL MEMBER DYER KRUSE
- Abstained from voting on Check #88087.

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

3.a
Packet Pg. 12
Minutes-August 1, 2022

Page 5 of 13 ends

CITY COUNCIL:

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

That the City Council adopt Resolution No. 5097-2022 designating the city as the enforcement agency for state regulations on single-use foodware accessories and standard condiments, and waive the full reading.

SPEAKERS

TED WEASMA, BARSTOW, CALIFORNIA
- Asked why the City was immediately enforcing single-use food ware regulations and discussed concerns with adding additional personnel to enforce.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns with lack of staffing to enforce single-use food ware regulations.

COUNCIL MEMBER SILVA
- Thanked staff for addressing concerns raised at the July 18, 2022 Council meeting.

ADMINISTRATIVE ANALYST JESSICA REED
- Clarified that the State was requiring cities to designate an enforcement agency. - Addressed lack of staffing concerns and stated that enforcement would be consolidated with the City's business license process.
- Also noted that there were no plans to hire additional staff in order to enforce the regulations.

CITY ATTORNEY MATTHEW SUMMERS
- Stated that as the enforcement agency, the City could determine the level and type of enforcement.
- Also stated that enforcement would consist of educating businesses as opposed to top-down enforcement.

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

8. DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD SEPTEMBER 7 - 9, 2022
Recommended Action:

Designate Mayor Courtney as the voting delegate and Council Member Dyer Kruse as the alternate voting delegate of the City of Barstow for the 2022 League of California Cities Annual Conference to be held September 7 - 9, 2022, in Long Beach, CA.

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

3.a
Packet Pg. 13
Minutes-August 1, 2022

Page 6 of 13 ends

9. RESOLUTION TO ADOPT PROJECTS FUNDED BY SB-1 FOR FISCAL YEAR 22-23. THE ROAD REPAIR AND ACCOUNTABILITY ACT.

Recommended Action:

1. Staff recommends that the City Council approve Resolution No. 5101-2022, adopting the projects list (Attachment A) funded by SB 1 and waive the full reading in its entirety.

2. Direct staff to forward the project list and resolution to the California Transportation Committee.

SPEAKERS

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if the Local Roadway Safety Plan to be reviewed at the upcoming Streets Committee meeting conflicted with the proposed repairs.
- Discussed concerns with prioritizing repairs.

TED WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns with the damaged ally near his home not being repaired. - Suggested that the Council prioritize damaged ally repairs.

LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Stated there was a discrepancy between the numbers listed on the proposed resolution and the projected revenues for Fiscal Year 22-23 (Attachment B of staff report).

COUNCIL MEMBER DYER KRUSE
- Suggested that any questions regarding SB 1 expenditures be directed to ENGINEERING ADMINISTRATOR DOMINGO GONZALES.

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

10. APPROVAL OF MAYOR PRO TEM JAMES NOBLE TO TRAVEL TO THE GOVERNOR'S MILITARY COUNCIL IN SACRAMENTO, CA - AUGUST 29-30, 2022.

Recommended Action:

Approve travel for Mayor Pro Tem James Noble to Sacramento, CA for the Governor's Military Council - Fourth Annual All California Defense Summit.

SPEAKERS
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Expressed support for MAYOR PRO TEM NOBLE representing Barstow at the Governor's Military Council Fourth Annual All California Defense Summit.

COUNCIL MEMBER ROSE
- Expressed support for MAYOR PRO TEM NOBLE representing Barstow and looked forward to his report.
- Stated that she was not attending the League of California Cities Annual Conference and presented a personal check to the City for the $75 cancellation fee.

3.a
Packet Pg. 14
Minutes-August 1, 2022

Page 7 of 13 ends

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

11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW TEMPORARILY

CLOSING CERTAIN STREETS WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH CALIFORNIA VEHICLE CODE SECTION 21101(E) FOR THE SATURDAY NIGHT CRUISERS MAIN STREET USA CAR SHOW.

Recommended Action:

Adopt Resolution No. 5102-2022, temporarily closing certain streets within the City of Barstow in accordance with California Vehicle Code Section 21101(e) for the Main Street USA Car Show, 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
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:

12. CONTINUATION OF LIEN PROTEST HEARING FOR DELINQUENT TRASH & SEWER

ACCOUNTS
Recommended Action:

1. Continue the protest hearing from July 18, 2022, and subject to testimony received, adopt Resolution No. 5103-2022 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.

3. Authorize staff to establish payment plan arrangements with those property owners who provided written correspondence prior to the July 18, 2022, public hearing. Additionally, authorize staff to lien those parcels who execute a payment arrangement; however, a property tax assessment will not be placed unless the terms of the payment plans are not met. Failure to execute a payment plan arrangement by August 5, 2022 will result in the parcel being sent to property tax assessment.

ADMINISTRATIVE SERVICES MANAGER HEIDY RILEY
- Presented the staff report as filed with the City Clerk.

SPEAKERS
MAYOR COURTNEY CONTINUE THE PUBLIC HEARING FROM JULY 18, 2022

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked how delinquencies were collected from commercial accounts.

3.a
Packet Pg. 15
Minutes-August 1, 2022

Page 8 of 13 ends

AHMAD HAGHIGHI
- Stated that his tenants had not paid rent.
- Requested a waiver of penalties on his account because of COVID-19 hardships and his tenants’ inability to pay rent.

JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Expressed concerns with the City collecting from residents on delinquent accounts when MAYOR COURTNEY had not repaid the mileage reimbursement or corrected ADA issues at his business.

ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed concerns with Burrtec Waste contributing to political campaigns and trash and sewer billings being combined.

COUNCIL MEMBER SILVA, BARSTOW, CALIFORNIA
- Asked if Mr. Haghighi asked for a payment arrangement.

ADMINISTRATIVE SERVICES MANAGER HEIDY RILEY
- Stated Mr. Haghighi was provided with a payment plan to bring his account current through April 2023, but he did not agree to it.

COUNCIL MEMBER ROSE, BARSTOW, CALIFORNIA
- Asked if an option could be presented to Mr. Haghighi for a lower payment amount.

CITY ATTORNEY MATTHEW SUMMERS
- Suggested that the payment plan be at least for the monthly charge amount of $500.

Discussion ensued about repayment plans and the lien and assessment process.

ADMINISTRATIVE SERVICES MANAGER HEIDY RILEY
- Suggested placing a lien on all properties to ensure payment. - Clarified Mr. Haghighi requested a payment plan in July 2021 that he did not fulfill and stated the next action was to lien his property.

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

ABSTENSIONS
COUNCIL MEMBER KRUSE Line items 23, 24, 25, 26, & 27.

COUNCIL MEMBER SILVA Line items 19, 20, 21, 22.

MAYOR PRO TEM NOBLE Line items 12, 13, 14, 15, 16, 17, & 18.

MAYOR COURTNEY Line items 19, 21, & 22.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
GENERAL, NON-AGENDA PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL

3.a
Packet Pg. 16
Minutes-August 1, 2022

Page 9 of 13 ends

SPEAKERS

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with recruitment and retention efforts for the Fire Department.

CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked what the Council was going about to do about the third-party investigation report since the process was now complete.
- Asked if the second round of American Rescue Plan Act (ARPA) funds had been received and how would they be spent.
- Asked the status on the DDA with Milestone LLC regarding the old hospital property. - Asked if illegal cannabis grow operative in Lenwood was reported to the California Bureau of Cannabis Control.

EUGENE BUTTICCI, EXECUTIVE DIRECTOR OF BARSTOW CHAMBER OF COMMERCE - Discussed the events calendar on the Barstow Chamber of Commerce's website. - Discussed upcoming events including National Night Out, Optimist Club Backpack Giveaway, the Farmer's Market and Community Military Mixer.

POLICE CAPTAIN CHRIS KIRBY, BARSTOW POLICE DEPARTMENT
- Stated that the Barstow Police Department has been working without a current contract. - Discussed concerns with labor negotiations and lack of increase in salary or benefits. - Asked for support of the Police Department.

CORPORAL MATT HELMS, BARSTOW POLICE DEPARTMENT
- Discussed concerns with labor negotiations and lack of increase in salary or benefits. - Asked for support of the Police Department.

ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed the need for a fentanyl enforcement division in the Police Department and concerns with MAYOR COURTNEY.

MONICA CARSON, BARSTOW, CALIFORNIA
- Expressed support for the Barstow Police Department and discussed concerns with labor negotiations and lack of increase in salary or benefits.

TED WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns with the Fiscal Year 2022-2023 Budget.

MARCIA WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns with the Hinkley compost facility fire. - Invited the community to attend an upcoming Hinkley Town Hall meeting on August 10, 2022.

JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Commended ACTING PARKS AND RECREATION SUPERINTENDENT SABRINA ELLIS. - Thanked the City for purchasing sports equipment with Measure Q funds. - Discussed concerns with increased crime rates and expressed support for public safety personnel. - Also discussed concerns with American Quartz.

PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Discussed concerns with the City Council and expressed support for MAYOR COURTNEY.

BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:

COUNCIL MEMBER ROSE
- Asked what other recruitment efforts the City was pursuing for fire personnel.

3.a
Packet Pg. 17
Minutes-August 1, 2022

Page 10 of 13 ends

- Stated that Mr. Snell should be able to assemble before the timer started on public comments. - Encouraged Mr. Weasma to contact Finance Department staff for any budget related questions. - Clarified that the Council was not involved in labor negotiations and expressed support of salary and benefit increases if the City could sustain it.

MAYOR PRO TEM NOBLE
- Discussed labor negotiations and expressed confidence that an agreement would be reached that was beneficial to both parties.
- Asked if repairs of alleyways could be addressed at an upcoming Streets Committee meeting. - Stated that the August 16, 2022 Victor Valley Transit Authority Meeting was cancelled and the next meet would be held September 19, 2022 in the Barstow City Council Chambers.

COUNCIL MEMBER DYER KRUSE
- Stated the next Streets Committee meeting was August 3, 2022 and discussed the prioritization of alley and road repairs.
- Encouraged the Community to attend National Night Out on August 2, 2022, 6 - 9 P.M. at Dana Park.
- Encouraged Mr. Weasma to contact Finance Department staff for any budget related questions.

COUNCIL MEMBER SILVA
- Asked for the status of bringing an update on development agreements to the Council. - Requested that the letter from the Mojave Desert Air Quality District regarding the Hinkley compost facility fire be made public.

MAYOR COURTNEY
- Clarified that the Council was not involved in labor negotiations and expressed support of salary and benefit increases if the City could sustain it.
- Discussed bids received for the First Street Bridge Repairs.

STAFF REPORTS:

None.

POLICE CHIEF COMMENTS:

POLICE CHIEF ANDREW ESPINOZA, JR.
- Encouraged the community to attend the National Night Out event on August 2, 2022, 6 - 9 P.M. at Dana Park.
- Discussed the recent passing of retired Barstow Police Department detective Leo Griego. - Reminded the public to abide by all traffic laws especially in school zones. - Provided an update on threat assessments that were recently conducted at all Barstow Unified School District campuses.
- Commended the Barstow Police Department for their recent crime prevention efforts and their dedication to the community.

FIRE CHIEF COMMENTS:

ACTING FIRE CHIEF NICK DINAPOLI
- Stated he recently attended the 2022 Firefighter Memorial in Sacramento where Firefighter David Spink was memorialized.
- Discussed increases and dangers in fentanyl use.

CITY MANAGER / DISTRICT MANAGER COMMENTS:

CITY MANAGER WILLIE HOPKINS, JR.
- Discussed labor negotiations and the opportunity for public safety hiring incentives.

3.a
Packet Pg. 18
Minutes-August 1, 2022

Page 11 of 13 ends

- Provided an update on the demolition of condemned properties, which would start in August. - Stated the City of Barstow's 75th Anniversary event was scheduled for October 1, 2022.

BUSINESS / ACTION ITEMS:

CITY COUNCIL:

13. CONSIDERATION OF RESOLUTION NO. 5104-2022 SETTING PRIORITIES FOR FILING

WRITTEN ARGUMENTS AND DIRECTING THE CITY ATTORNEY TO PREPARE AN

IMPARTIAL ANALYSIS FOR A BALLOT MEASURE REGARDING WHETHER TO

TRANSITION FROM AN ELECTED MAYOR TO AN APPOINTED MAYOR SYSTEM AT THE NOVEMBER 8, 2022 ELECTION
Recommended Action:

Staff Recommends the City Council adopt the Resolution setting priorities for filing written arguments and directing the City Attorney to prepare an impartial analysis for the ballot measure regarding whether to transition from an election system with four by-district councilmembers and a mayor elected at-large to an election system with five by-district councilmembers at the general municipal election to be held on Tuesday, November 8, 2022.

Exhibit A - Resolution No. 5104-2022

CITY ATTORNEY MATTHEW SUMMERS
- Presented the staff report as filed with the City Clerk.

SPEAKERS

CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Expressed support of the proposed resolution and appointing the Mayor.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Expressed support of the proposed resolution and appointing the Mayor.

COUNCIL MEMBER SILVA
- Stated that the proposed measure was to ask citizens if they would like to have four voting districts and directly elect the Mayor or have five voting districts with the Mayor appointed each year by the Council.

COUNCIL MEMBER ROSE
- Expressed support of the measure.

RESULT: APPROVED [4 TO 0]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Silva
ABSTAIN: Courtney

14. CONSIDERATION OF NEXT STEPS RELATED TO ACCOUNTS PAYABLE EXPENDITURES FOR CHECK #1005 RELATING TO TRAVEL EXPENSE REIMBURSEMENTS SOUGHT BY

MAYOR COURTNEY
Recommended Action:

The City Council receive and consider public comment and any information from the Mayor and provide direction regarding further steps related to Mayor Courtney’s repayment of funds related to checks #1005.

Exhibit A - 2018 City of Barstow Expense Reimbursement Policy Exhibit B - 2022 City of Barstow Expense Reimbursement Policy for Elected Officials

3.a
Packet Pg. 19
Minutes-August 1, 2022

Page 12 of 13 ends

Exhibit C - February - Feb22, 2022 Staff Report (Reconsideration of Accounts Payable Expenditures for Checks #1005 and #85773) and Attachments Exhibit D - March 7, 2022 Letter from City Attorney to Mayor Courtney

CITY ATTORNEY MATTHEW SUMMERS
- Presented the staff report as filed with the City Clerk. - Stated that staff has proposed two recommendations:

1. Declare that no further expense reimbursements could be approved by the Council until MAYOR COURTNEY repaid the mileage reimbursement.

2. Declare that MAYOR COURTNEY cannot use the Cal Card for any expenses until the mileage reimbursement was repaid.

SPEAKERS

CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Expressed disappointment with MAYOR COURTNEY not following the policy.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked why next steps were finally being discussed months later. - Asked if penalties could be assessed and stated the City should pursue collecting payment to ensure the situation does not arise again.

JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Expressed concern with MAYOR COURTNEY not repaying the mileage reimbursement and the Council not holding him accountable for repayment.

COUNCIL MEMBER SILVA
- Asked what the process was to impose any penalties.

CITY ATTORNEY MATTHEW SUMMERS
- Stated that penalties would be assessed by the courts through civil or criminal action that would be payable to the State and not the City.

MAYOR COURTNEY
- Stated that the mileage reimbursement was approved along with a check issued to PACE Services until COUNCIL MEMBERS ROSE and SILVA requested that it be reconsidered. - Also noted that City staff and Council were not aware of the 30-day period to submit reimbursement requests nor was the policy currently practiced. - Asked what the past practice has been and if prior expense reimbursement requests for past elected officials and employees were submitted within 30 days. - Stated that pursuing collection would cost the City and its employees. - Asked why the Council initially approved the mileage reimbursement and payment to PACE Services.

CITY ATTORNEY MATTHEW SUMMERS
- Clarified that the agenda item was to discuss next steps as it relates to MAYOR COURTNEY's expense reimbursement and the City would not be investigating any past expense reimbursements for employees.

Motion by COUNCIL MEMBER SILVA, seconded by COUNCIL MEMBER ROSE, and approved 4 to 0, to:

1. Declare that no further expense reimbursements could be approved by the Council until MAYOR COURTNEY repaid the mileage reimbursement; and

2. Revoke MAYOR COURTNEY's Cal Card until the mileage reimbursement is repaid; and

3. Charge a fair rate of interest on funds due.

3.a
Packet Pg. 20
Minutes-August 1, 2022

Page 13 of 13 ends

DISCUSSION

COUNCIL MEMBER ROSE
- Discussed concerns with MAYOR COURTNEY threatening employees and bargaining units as there was no correlation on collecting his reimbursement with the City's budget and ability to provide wage and benefit increases.
- Stated that MAYOR COURTNEY was aware of the expense reimbursement policy and he should have abstained on voting to approve items payable in his interest as that was a conflict of interest.

COUNCIL MEMBER SILVA
- Assured staff that prior expense reimbursements would not be revisited as elected officials were held to a separate policy.
- Stated that MAYOR COURTNEY should have abstained on voting to approve items payable in his interest as that was a conflict of interest.

COUNCIL MEMBER DYER KRUSE
- Concurred with the motion made by COUNCIL MEMBERS ROSE and SILVA. - Assured staff that prior expense reimbursements would not be revisited as elected officials were held to a separate policy.

MAYOR PRO TEM NOBLE
- Assured staff that prior expense reimbursements would not be revisited as elected officials were held to a separate policy.

RESULT: APPROVED [4 TO 0]
MOVER: Timothy Silva, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Silva
ABSTAIN: Courtney
ADJOURNMENT:

By the consensus of the City Council and without objection, the joint special meeting was adjourned at 10:04 P.M. in honor of retired Barstow Police Department Detective Leo Griego.

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

3.a
Packet Pg. 21
Regular Meeting
08/15/22 06:00 PM
Engineering
Domingo Gonzales
Resolution
Doc ID: 5091

COUNCIL AGENDA ITEM
AGENDA MATTER:

RESOLUTION ADOPTING THE 2023-2027 MEASURE I FIVE YEAR CAPITAL IMPROVEMENT

PROGRAM
EXECUTIVE SUMMARY:

In order to be eligible for Measure I funding through the San Bernardino County Transportation Agency (SBCTA), the City is required to annually adopt a five-year Capital Improvement program by resolution (Attachment D).

DISCUSSION:

In 1989, Measure I was approved by the voters of San Bernardino County to establish a ½ cent sales tax increase for a 20 year period (1989 - 2009), with the revenues to be used towards street and road maintenance. In 2004, voters renewed the Measure I sales tax with 80.03% of voters in support of extending the measure through 2040. Measure I revenues are distributed in the following manner: 68% Local; 25% Major Local Highway Projects (MLHP); 5% Elderly, Handicapped, Transit; and 2% shall be reserved in each subarea by SBCTA for Project Development and Traffic Management Systems.

To be eligible for the funding, every participating local governing board is required to annually submit a five-year Capital Improvement Plan (CIP). Each year, the City receives approximately 1.5 million dollars in funding from Measure I.

The available capital should fund the street reconstruction, preservation, and maintenance projects as exhibited in Attachment A.

FISCAL IMPACT:

None
RECOMMENDED ACTION:

Staff recommends that the City Council enact the following actions:

1. Approve Resolution No. ______-2022 adopting the City of Barstow's Measure I Capital Improvement Program for Fiscal Year 2022/23 through 2026/27 and waive the full reading.

2. Direct staff to forward a copy of the adopted resolution to SBCTA. 4 Packet Pg. 22
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/22 Carryover Balance $0.00
FY2022/23 Est. Revenue FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue Total Est. Rev. $2,017,042 $2,025,360 $2,033,705 $2,062,496 $2,091,686 $10,230,288 Projects:

First Avenue over BNSF - Project Management 0.0% 0.0% $706,000 $100,000 $356,000 $150,000 $100,000 $0 $706,000 First Avenue over Mojave River - Project Management 0.0% 0.0% $800,000 $100,000 $200,000 $300,000 $200,000 $0 $800,000 West Section 7 Project Phase 2 - Design/Management/Inspection 0.0% 0.0% $40,000 $0 $40,000 $0 $0 $40,000 West Section 7 Project Phase 2 - Construction 0.0% 0.0% $1,200,000 $0 $0 $1,200,000 $0 $0 $1,200,000 West Section 7 Project, Phase 3, Design/Management/Inspection 0.0% 0.0% $40,000 $0 $0 $40,000 $0 $0 $40,000 West Section 7 Project, Phase 3, Construction 0.0% 0.0% $950,000 $0 $0 $0 $950,000 $0 $950,000 Pavement Rehabilitation Project - Design 0.0% 0.0% $40,000 $0 $0 $0 $40,000 $0 $40,000 Pavement Rehabilitation Project - Construction 0.0% 0.0% $5,000,000 $0 $0 $0 $270,000 $1,120,000 $1,390,000 Pavement Maintenance 0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
Pedestrian and Bicycle Corridors - (ATP) Yes 0.0% 0.0% $496,000 $496,000 $0 $0 $0 $0 $496,000 General Fund Debit Payment 0.0% 0.0% $1,700,000 $0 $50,000 $50,000 $50,000 $500,000 $650,000 Payment Preservation 4 - Design 0.0% 0.0% $10,000 $0 $0 $0 $10,000 $0 $10,000 Payment Preservation 4 - Construction 0.0% 0.0% $20,000 $0 $0 $0 $0 $200,000 $200,000 Payment Preservation 5 - Design 0.0% 0.0% $25,000 $0 $0 $0 $0 $25,000 $25,000 Irwin Road Preservation 0.0% 0.0% $42,000 $42,000 $0 $0 $0 $0 $42,000 Barstow Road and Rimrock Road Traffic Signal 0.0% 0.0% $575,000 $575,000 $0 $0 $0 $0 $575,000 Rimrock Road Reconstruction-Barstow Rd to Avenue H 0.0% 0.0% $651,000 $20,000 $631,000 $0 $0 $0 $651,000 Yucca Avenue over BNSF - Design 0.0% 0.0% $30,000 $0 $0 $0 $0 $30,000 $30,000 Pavement Mangement Program (PMP) 0.0% 0.0% $33,963 $33,963 $0 $0 $0 $0 $33,963

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
$1,366,963 $1,277,000 $1,740,000 $1,620,000 $1,875,000 $7,878,963 Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
[email protected]
Projects Total:

Barstow
Current
Estimate
Current
Estimate Total CurrentEstimate
Current
Estimate
Current
Estimate
(Must not exceed 150% of Carryover Balance +
Jurisdiction:

Domingo D. Gonzales, Engineering Services Administrator (760)255-5156
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2022/2023 thru 2026/2027

Page 1 of 2 ends

4.a
Packet Pg. 23
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email: [email protected]
Barstow
Jurisdiction:

Domingo D. Gonzales, Engineering Services Administrator (760)255-5156
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2022/2023 thru 2026/2027
Total Programming is currently 77% Total Estimated Programming: $7,878,963 (Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)

Page 2 of 2 ends

4.a
Packet Pg. 24

ATTACHMENT B

SUMMARY OF MAJOR CAPITAL IMPROVEMENT PLAN

REVISED POLICIES RELATING TO SUBMITTAL OF ANNUAL REPORT • The approved Measure I Capital Improvement Plan is due to SBCTA by September 1st. • Total planned expenditures are limited to 150% of estimated Measure I Local Street Program (pass-through) revenue over the five-year period plus carryover funds from previous fiscal year’s revenue, and any revenue resulting from bond secured by pass-through revenue. • The expenditure of Measure I pass-through revenue is limited to those projects listed in the current year of your CIP. Funding can be moved between projects listed if needed. However, a revised CIP is no longer necessary if expenditures exceed the CIP estimate. • Jurisdictions must meet the Maintenance of Effort (MOE) requirements by maintaining General Fund expenditures for transportation purposes at the MOE base year level adopted by the SBCTA Board and including a statement in the Resolution listing the base year level.

Jurisdictions that have a $0 MOE base year level are not required to include this statement in the Resolution.
• As noted in the cover letter, the distinction between Categorical Projects and Named Projects has been removed per updates to the Local Street Program policies. Therefore, Categorical Projects are no longer limited to 50% of the estimated fiscal year revenue. For eligible and ineligible project expenditures, please see the revised Local Street Program polices in Attachment G.
• Capacity enhancements must be listed as a named project rather than being included in a citywide program.

Measure I 2010-2040 Strategic Plan Policies are in the process of being updated on our website, so please see Attachment H for revised CIP Policies.

4.b
Packet Pg. 25

ATTACHMENT C
REV FY21/22 FY22/23 F23/24 FY24/25 FY25/26 FY26/27
Chino 5.59% $ 2,232,260 $ 2,262,498 $ 2,277,114 $ 2,277,174 $ 2,296,322 $ 2,317,473 $ 11,430,580 Chino Hills 5.24% $ 2,092,453 $ 2,120,797 $ 2,134,497 $ 2,134,554 $ 2,152,502 $ 2,172,329 $ 10,714,678 Colton 3.44% $ 1,371,950 $ 1,390,534 $ 1,399,517 $ 1,399,554 $ 1,411,322 $ 1,424,322 $ 7,025,249 Fontana 13.57% $ 5,415,706 $ 5,489,066 $ 5,524,526 $ 5,524,673 $ 5,571,127 $ 5,622,442 $ 27,731,835 Grand Terrace 0.79% $ 313,864 $ 318,116 $ 320,171 $ 320,179 $ 322,871 $ 325,845 $ 1,607,182 Highland 3.49% $ 1,393,770 $ 1,412,650 $ 1,421,776 $ 1,421,814 $ 1,433,769 $ 1,446,975 $ 7,136,984 Loma Linda 1.58% $ 630,184 $ 638,720 $ 642,846 $ 642,863 $ 648,269 $ 654,240 $ 3,226,938 Montclair 2.51% $ 1,002,370 $ 1,015,948 $ 1,022,511 $ 1,022,539 $ 1,031,137 $ 1,040,634 $ 5,132,769 Ontario 11.54% $ 4,607,188 $ 4,669,596 $ 4,699,762 $ 4,699,887 $ 4,739,406 $ 4,783,060 $ 23,591,710 Rancho Cucamonga 11.10% $ 4,433,207 $ 4,493,258 $ 4,522,285 $ 4,522,405 $ 4,560,432 $ 4,602,438 $ 22,700,818 Redlands 4.51% $ 1,801,168 $ 1,825,567 $ 1,837,360 $ 1,837,409 $ 1,852,859 $ 1,869,925 $ 9,223,119 Rialto 6.50% $ 2,596,346 $ 2,631,516 $ 2,648,516 $ 2,648,586 $ 2,670,857 $ 2,695,458 $ 13,294,933 San Bernardino 13.71% $ 5,475,117 $ 5,549,282 $ 5,585,131 $ 5,585,280 $ 5,632,243 $ 5,684,121 $ 28,036,057 Upland 4.98% $ 1,987,452 $ 2,014,373 $ 2,027,386 $ 2,027,440 $ 2,044,488 $ 2,063,319 $ 10,177,007 Yucaipa 3.53% $ 1,408,300 $ 1,427,377 $ 1,436,598 $ 1,436,636 $ 1,448,716 $ 1,462,060 $ 7,211,387 County/Valley 7.92% $ 3,161,474 $ 3,204,298 $ 3,224,999 $ 3,225,084 $ 3,252,202 $ 3,282,158 $ 16,188,742 Total Valley Region 100.00% $ 39,922,810 $ 40,463,595 $ 40,724,997 $ 40,726,078 $ 41,068,521 $ 41,446,799 $ 204,429,989 Measure I Local Pass-through Program

VALLEY SUBAREA
Population
Distribution
Percentage
Total FY22/23
through FY26/27
Valley Subarea
Estimated Annual Local Pass-Through Amount
REVISED REVENUE ESTIMATES FOR FY2021/2022 thru FY2026/2027

4.c
Packet Pg. 26

ATTACHMENT C
Population Revenue
Generation REV FY21/22 FY22/23 F23/24 FY24/25 FY25/26 FY26/27 Needles 70.72% 78.06% $ 193,263 $ 196,652 $ 195,858 $ 195,066 $ 196,220 $ 197,379 $ 981,175 County/Colorado River 29.28% 21.94% $ 66,534 $ 67,701 $ 67,427 $ 67,155 $ 67,552 $ 67,951 $ 337,786 Colorado River Subarea 100.00% 100.00% $ 259,797 $ 264,353 $ 263,286 $ 262,221 $ 263,771 $ 265,330 $ 1,318,961 Twentynine Palms 38.70% 20.73% $ 658,762 $ 672,105 $ 671,179 $ 670,251 $ 676,015 $ 681,825 $ 3,371,374 Yucca Valley 28.84% 66.59% $ 1,057,810 $ 1,079,236 $ 1,077,748 $ 1,076,258 $ 1,085,514 $ 1,094,844 $ 5,413,600 County/Morongo Basin 32.46% 12.68% $ 500,362 $ 510,497 $ 509,793 $ 509,088 $ 513,466 $ 517,880 $ 2,560,724 Morongo Basin Subarea 100.00% 100.00% $ 2,216,933 $ 2,261,838 $ 2,258,720 $ 2,255,598 $ 2,274,995 $ 2,294,548 $ 11,345,699 Barstow 41.51% 74.06% $ 1,966,163 $ 2,017,042 $ 2,025,360 $ 2,033,705 $ 2,062,496 $ 2,091,686 $ 10,230,288 County/North Desert 58.49% 25.94% $ 1,436,386 $ 1,473,556 $ 1,479,633 $ 1,485,729 $ 1,506,762 $ 1,528,087 $ 7,473,767 North Desert Subarea 100.00% 100.00% $ 3,402,550 $ 3,490,597 $ 3,504,993 $ 3,519,434 $ 3,569,258 $ 3,619,773 $ 17,704,055 Big Bear Lake 10.15% 57.61% $ 635,838 $ 650,009 $ 650,407 $ 650,801 $ 657,706 $ 664,681 $ 3,273,604 County/Mountains 89.85% 42.39% $ 1,240,897 $ 1,268,554 $ 1,269,329 $ 1,270,100 $ 1,283,575 $ 1,297,187 $ 6,388,745 Mountains Subarea 100.00% 100.00% $ 1,876,734 $ 1,918,563 $ 1,919,736 $ 1,920,902 $ 1,941,280 $ 1,961,867 $ 9,662,348 Adelanto 8.69% 6.34% $ 1,223,983 $ 1,257,529 $ 1,264,598 $ 1,271,702 $ 1,281,990 $ 1,302,073 $ 6,377,892 Apple Valley 18.39% 14.73% $ 2,697,062 $ 2,770,980 $ 2,786,558 $ 2,802,212 $ 2,824,881 $ 2,869,134 $ 14,053,766 Hesperia 23.76% 23.64% $ 3,859,890 $ 3,965,679 $ 3,987,973 $ 4,010,376 $ 4,042,819 $ 4,106,150 $ 20,112,996 Victorville 31.45% 49.76% $ 6,613,058 $ 6,794,302 $ 6,832,499 $ 6,870,881 $ 6,926,465 $ 7,034,969 $ 34,459,116 County/Victor Valley 17.71% 5.52% $ 1,891,714 $ 1,943,560 $ 1,954,486 $ 1,965,466 $ 1,981,366 $ 2,012,404 $ 9,857,282 Victor Valley Subarea 100.00% 100.00% $ 16,286,114 $ 16,732,468 $ 16,826,535 $ 16,921,059 $ 17,057,948 $ 17,325,164 $ 84,863,174 Total Mt Desert Region $ 24,042,128 $ 24,667,820 $ 24,773,270 $ 24,879,214 $ 25,107,253 $ 25,466,682 $ 124,894,238 Measure I Local Pass-through Program
REVISED REVENUE ESTIMATES FOR FY2021/2022 thru FY2026/2027 Mountain/Desert Subareas
Total FY22/23
through FY26/27

MOUNTAIN/DESERT

SUBAREA
Estimated Annual Local Pass-Through Amount* Distribution Percentage (50% Population & 50% Revenue Generation)

4.c
Packet Pg. 27

ATTACHMENT D
RESOLUTION NO. XXXX-2022

A RESOLUTION OF THE CITY OF BARSTOW, CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FY2022/2023 THROUGH FY2026/2027
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one- half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and
WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-01 require each local jurisdiction to maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five-Year Capital Improvement Plan, which for the City of Barstow is $601,014.00; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Barstow of the County of San Bernardino, State of California, that the Measure I Five-Year Capital Improvement Plan, attached to this resolution as Exhibit A, is hereby adopted.

PASSED, APPROVED AND ADOPTED this 15th day of August, 2022. ________________________________
Paul Anthony Courtney, Dr.,B.A., Mayor
ATTEST:
_________________________________
Andrea Flores, City Clerk

4.d
Packet Pg. 28
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. XXXX-2022 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 15th day of August, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
Andrea Flores, City Clerk

4.d
Packet Pg. 29

ATTACHMENT E
2016/2021 MICIP-Strategy Sample

CITY OF BARSTOW

MEASURE I CAPITAL IMPROVEMENT PLAN

EXPENDITURE STRATEGY
Fiscal Year 2021/2022 – Fiscal Year 2025/2026
Each year, the City receives approximately $2 million in Measure “I” funds. In this fiscal year, the City is planning to use its annual Measure “I” allocation towards several grant’s local match requirements that meet Measure I eligible expenditures and for the designing, rehabilitating, maintaining, and reconstruct of City streets.

4.e
Packet Pg. 30
Regular Meeting
08/15/22 06:00 PM
City Manager Department
Maribel Hernandez
Resolution
Doc ID: 5107

COUNCIL RESOLUTION
AGENDA MATTER:

RESOLUTION NO. ____ - 2022 TEMPORARILY CLOSING CERTAIN STREETS WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH SECTION 21101(E) OF THE CALIFORNIA VEHICLE CODE FOR

THE MARDI GRAS PARADE
EXECUTIVE SUMMARY:

The annual Mardi Gras Parade is scheduled for Saturday, October 29, 2022. The Kiwanis Club of Barstow Crossroads is responsible for organizing the parade and is requesting to close certain streets within the City of Barstow as has been done in the past for conduct of the annual Mardi Gras Parade.

The costs of public works and police services are included in Fiscal Year 2022/2023 adopted budget.

DISCUSSION:

The Kiwanis Club of Barstow Crossroads is responsible for organizing the annual Mardi Gras Parade and is requesting closure of certain streets within the City of Barstow to conduct the parade, which is scheduled for Saturday, October 29, 2022. Kiwanis has also requested the use of the parking lot on the north side of E. Williams Street between Barstow Road and Second Avenue as a staging area for the parade.

The cost of providing the requested street closure services, including placement of the required barricades, use of City equipment and police security services, is approximately $20,700 and allocated as follows.

Public Works (labor) $11,000
Police Department (overtime) $7,200
Parks and Recreation $2,500
Total $20,700
Staff is requesting the City Council appropriate $20,700 for the annual costs of the City-supported event in the Measure Q adopted budget.

The Kiwanis Club of Barstow Crossroads will be providing proof of insurance for the parade.

FISCAL IMPACT:

Appropriate additional funds in the amount of $20,700 to this event in the Fiscal Year 2022/2023 Budget, Account No.102.150.542.07.755 (Measure Q).

RECOMMENDED ACTION:

Adopt Resolution No. ____-2022 (Temporarily Closing Certain Streets within the City of Barstow in Accordance with Section 21101(E) of the California Vehicle Code - Kiwanis Mardi Gras Parade), 5 Packet Pg. 31
Regular Meeting
08/15/22 06:00 PM
City Manager Department
Maribel Hernandez
Resolution
Doc ID: 5107

COUNCIL RESOLUTION
appropriate $20,700 to account number 102.150.542.07.755, and waive the full reading. 5 Packet Pg. 32
Resolution No. ____-2022 1
RESOLUTION NO. ____ - 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW

TEMPORARILY CLOSING CERTAIN STREETS WITHIN THE CITY OF
BARSTOW IN ACCORDANCE WITH SECTION 21101(E) OF THE CALIFORNIA VEHICLE CODE – KIWANIS CLUB OF BARSTOW CROSSROADS MARDI

GRAS PARADE
WHEREAS, California Vehicle Code Section 21101(e) authorizes the City Council to adopt regulations temporarily closing a portion of any street for celebrations, parades, local special events, and other purposes, when in the opinion of the local authority having jurisdiction, such closure is necessary for the safety and protection of persons who are to use that portion of any street during the temporary closure, and;
WHEREAS, the City Council does hereby find that the temporary closure of certain streets within the City of Barstow for the annual Mardi Gras Parade is in the community interest; and
WHEREAS, the City Council of the City of Barstow, having considered all evidence, testimony and related information presented in public at the regularly scheduled meeting of August 15, 2022, does hereby find as follows:

1. That the Mardi Gras Parade appeals to a broad segment of residents of the City of Barstow and does not primarily appeal to the members of any limited or special interest group.

2. That the Mardi Gras Parade does not discriminate against any person or group because of race, creed, color, sex, age or national origin.

3. That the Mardi Gras Parade is not primarily of a religious of sectarian nature.

4. That participants in the Mardi Gras Parade represent a cross section of the general population of the City of Barstow and of the greater Barstow area.

5. That the Kiwanis Club of Barstow Crossroads will derive no general fund benefit from the Mardi Gras Parade.

6. That no monies accruing to the Kiwanis Club of Barstow Crossroads as a result of the Mardi Gras Parade will be used to defray general expenses of the Kiwanis Club of Barstow Crossroads or to compensate any employee and/or volunteer performing services on behalf of Kiwanis Club of Barstow Crossroads; nor will any benefit accrue to any individual, partnership or corporation associated with the Kiwanis Club of Barstow Crossroads.

5.a
Packet Pg. 33
Resolution No. ____-2022 2
NOW, THEREFORE, BE IT RESOLVED THAT:

1. The City Council of the City of Barstow hereby authorizes the closure of the following streets within the City of Barstow on Saturday, October 29, 2022:
a. Barstow Road from Mt. View to Main Street, commencing at 3:00 p.m.
b. Pioneer Street at Barstow Road, commencing at 3:00 p.m. c. Buena Vista at Barstow Road, commencing at 3:00 p.m. d. Fredricks Street at Barstow Road, commencing at 3:00 p.m. e. Williams Street at Barstow Road, commencing at 3:00 p.m. f. Williams Street from Barstow Road to Second Ave, commencing at 3:00 p.m.
g. Second Avenue from Williams Street to Main Street, commencing at 3:00 p.m.
h. Main Street from First Street to Barstow Road, commencing at 3:00 p.m.
i. Main Street from Barstow Road to Eastgate Road, commencing at 5:00 p.m.
j. Third Street at Main Street, commencing at 5:00 p.m. k. North Muriel Drive at Main Street, commencing at 5:00 p.m. l. Sixth Street from Main Street to Williams Street, commencing at 5:00 p.m.
m. Seventh Street from Main Street to Williams Street, commencing at 5:00 p.m.
n. Muriel from Main Street to Williams Street, commencing at 5:00 p.m.
o. Yucca Street at Main Street, commencing at 5:00 p.m. p. Mountain View at Main Street, commencing at 5:00 p.m. q. Eastgate Road at Main Street, commencing at 5:00 p.m. r. Coolwater Lane from East Main Street to Roberta, commencing at 5:00 p.m.
s. Fifth Street from Main Street to Clark Street, commencing at 5:00 p.m.
t. Sixth Street from Main Street to Clark Street, commencing at 5:00 p.m.
u. Seventh Street from Main Street to Clark Street, commencing at 5:00 p.m.

2. The City Council does hereby condition such closures upon placement of adequate barricades as approved by the City Manager at those locations designated by the Chief of Police of the City of Barstow or a designated representative thereof.

5.a
Packet Pg. 34
Resolution No. ____-2022 3

3. The City Council does hereby further condition such closures upon the establishment of adequate detours by the Chief of Police to facilitate travel within the City, and shall coordinate as necessary with the Department of Transportation (Caltrans) for any routes affecting state routes.

4. The City Council does hereby authorize the Chief of Police to reopen such streets following completion of the Mardi Gras Parade, but in no case later than 11:00 p.m., Saturday, October 29, 2022.

PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF AUGUST 2022. _______________________________
Paul Anthony Courtney, Dr.B.A., Mayor
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 15th day of August 2022, by the following vote:

AYES:

NOES:

ABSENT/VACANT:

ABSTAIN:
________________________________
Andrea Flores, City Clerk

5.a
Packet Pg. 35
Regular Meeting
08/15/22 06:00 PM
City Clerk / Records
Christina Rudsell
Travel
Doc ID: 5104

AGENDA ITEM
AGENDA MATTER:

APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE TECHNICAL TRAINING FOR CLERKS SERIES 300
EXECUTIVE SUMMARY:

It is requested that the City Council approve travel to the Technical Training for Clerks Series 300 for City Clerk Andrea Flores.

DISCUSSION:

The Technical Training for Clerks (TTC) Series 300 is scheduled for September 13 - 16, 2022, in Riverside, CA. TTC is recognized by the City Clerks Association of California (CCAC) as an official California training program leading to the professional accreditation of Certified Municipal Clerk (CMC). It is requested that the City Council approve attendance at this training for City Clerk Andrea Flores.

Estimated costs to attend this training are as follows:

Registration $ 1,500.00
Travel/Transportation $ 150.00
Meals $ 300.00
Hotel $ 700.00
TOTAL $ 2,650.00
FISCAL IMPACT:

Funds are available in the FY 2022/23 budget from General Fund Account No. 100.110.132.03.301.

RECOMMENDED ACTION:

Approve travel for City Clerk Andrea Flores to Riverside, CA for the Technical Training for Clerks (TTC) Series 300.
6 Packet Pg. 36
Regular Meeting
08/15/22 06:00 PM
City Manager Department
Maribel Hernandez
Other
Doc ID: 5106

AGENDA ITEM
AGENDA MATTER:

CONSIDERATION TO CANCEL THE CITY COUNCIL MEETING SCHEDULED FOR SEPTEMBER 5, 2022
EXECUTIVE SUMMARY:

The September 5, 2022, City Council meeting falls on the Labor Day holiday. There are no agenda items currently planned for this meeting. Staff is proposing that the City Council meeting scheduled for September 5, 2022, be cancelled.

DISCUSSION:

Barstow Municipal Code Section 2.04.020 (Meeting falling on holiday), states the following:
“Whenever the regular City Council meeting dates established by Section 2.04.010 of this chapter fall on a holiday as defined by the City’s personnel policy, the City Manager shall be authorized to cancel such regular meeting at his or her discretion, or reschedule such regular meeting at the same time and place on the next succeeding official business day of the City. (Ord. 808, § 2, 2005: Ord. 361, § 2, 1972: Ord. 268, § 3, 1967)"
The September 5, 2022, City Council meeting falls on the Labor Day holiday. There are no agenda items currently planned for this meeting. Staff is proposing that the City Council meeting scheduled for September 5, 2022, be cancelled.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Cancel the September 5, 2022, City Council meeting.
7 Packet Pg. 37
Regular Meeting
08/15/22 06:00 PM
Administrative Services
Tara Becerra
Budget
Doc ID: 5087

AGENDA ITEM
AGENDA MATTER:

FY23 WWTP IT INFRASTRUCTURE APPROPRIATION
EXECUTIVE SUMMARY:

Additional funding in the amount if $76,850 is necessary for IT Infrastructure in the Waste Water fund.

These upgrades in the IT Infrastructure are needed to expand the network, update and implement new software and backup servers to meet increasing regulatory requirements.

Staff is recommending approval of the attached budget amendment in the amount of $76,850 to provide the additional appropriation needed.

DISCUSSION:

There are many needed upgrades to the Information Technology (IT) Infrastructure at the Waste Water plant that have been identified by staff. Many of these needed upgrades are due to ever changing regulatory requirements, obsolescence, and deferred replacement projects due to lack of funding in prior years. Due to the continually increasing flows handled by the Waste Water Treatment Plant, and resulting needed system modifications, some of these needed upgrades must proceed at this time. The need for these upgrades has been compounded by the ever-increasing regulatory requirements the Waste Water Treatment Plant is subject to. These pressing concerns have increased the priority of updating and expanding the IT Infrastructure now.

The IT Infrastructure upgrades proposed will include expanding the network to areas of the facility currently without network access, and,

1. Upgrade and implement software and software-supported services.

2. New Virtual Servers to replace three eight year-old obsolete servers for which the use of has been extended beyond the recommended replacement schedule for the servers.

3. Virtual Software for the new servers.

4. Additional Backup Cloud Storage for the new servers.

5. Addition of a new Maintenance Management and Work Order System.

6. Expanded and additional hard-wiring and a new Wi-Fi Network.

The additional budget appropriation needed for the proposed IT Infrastructure upgrades is $76,850 which will increase the appropriation allocated to these upgrades from $165,610.80 to $242,460.00.

Staff is recommending adoption of the attached budget adjustment appropriating $76,850 from the Waster Water Fund fund balance to account number 605.605.601.06.644.

FISCAL IMPACT:

The proposed budget ammendment will appropriate $76,850 from the Waste Water fund balance. This appropriation will be added to the existing appropriation in the Waste Water Treatment Plant's IT Allocation account, 605.605.601.06.644.
8 Packet Pg. 38
Regular Meeting
08/15/22 06:00 PM
Administrative Services
Tara Becerra
Budget
Doc ID: 5087

AGENDA ITEM
RECOMMENDED ACTION:

Budget Amendment (City Council Approved - Attach Approved Agenda Item) Date of Request: 7/21/2022
From / To +/ -
Account Number - AMOUNT
To Account Number + AMOUNT
Account Number + AMOUNT
Account Number + AMOUNT
Account Number + AMOUNT
Account Number + AMOUNT
Account Number + AMOUNT
Account Number + AMOUNT
Account Number + AMOUNT
76,850
Prepared by: Date:

Department Head Approval: Date:

Finance Director Approval: Date:

BA / BT #:

Rev 07/23 C:\Users\mchavez\AppData\Roaming\IQM2\MinuteTraq\[email protected]\Work\Attachments\[7884.xlsx]BLANK B

CITY OF BARSTOW

FINANCE USE ONLY
$ 76,850.00
Budget Transfer (From Existing Budget - Moving $ from One Account to Another (Same Fund Only))
Budget Adjustment FY 2022-2023
Date Entered into Eden:

Entered By:

Date Posted:

Posted By:

Marc Puckett 07/21/22
Please attach copies of all Council Approved Action Items (if applicable) 605.605.601.06.644
Description / Agenda Item #
Additional funding in the amount if $76,850 is necessary for IT Infrastructure in the Waste Water fund. These upgrades in the IT Infrastructure are needed to expand the network, update and implement new software and backup servers to meet increasing regulatory requirements.

8.a
Packet Pg. 40
Regular Meeting
08/15/22 06:00 PM
Building
Christopher Heldreth
Ordinance
Doc ID: 5069

AGENDA ITEM
AGENDA MATTER:

ADOPTION OF ORDINANCE 992-2022 APPROVING QUALITY LIFE INC. COMMERCIAL CANNABIS

APPLICATION
EXECUTIVE SUMMARY:

Staff requests that the City Council adopt Ordinance No. 992-2022 approving Quality Life Inc.’s application for a Commercial Cannabis Cultivation, Distribution, Transportation, and Manufacturing permit, 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 May 23, 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:

Quality Life Inc. is proposing a yearly sum of $10,000 to the Community Benefit Program; Staff is awaiting Council direction on proposed sum. A yearly operating fee of $25,000 will be paid to the City ($5 per square foot x 5000 sqft) in addition to a yearly application renewal fee of $14,107.85.

Application
Quality Life Inc. is applying for a permit for a Commercial Cannabis Cultivation, Distribution, Transportation, and Manufacturing.

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

Staff has submitted updated pages of the development agreement regarding operating fees to reflect the most current City approved agreement.
9 Packet Pg. 41
Regular Meeting
08/15/22 06:00 PM
Building
Christopher Heldreth
Ordinance
Doc ID: 5069

AGENDA ITEM
Applicant Information
Quality Life Inc. is a corporation. They do have a federal tax identification number and are properly registered with the California Secretary of State.

The company has the following corporate officers:

Chief Executive Officer - Michael A. Wilhoit
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
Quality Life Inc. is a applying for a Commercial Cannabis Cultivation, Distribution, Transportation, and Manufacturing permit at 2989 Lenwood Rd. Suite 1, Barstow, CA 92311. (APN #0421-131-55). The total square footage of the structure applicant will occupy on the site is 5,000 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.

Applicant History
The City Council previously passed Ordinance No. 985-2022 approving Quality Life Inc.’s application for a Commercial Cannabis Dispensary and Non-Store Front Delivery permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements at 2841 Lenwood Rd. Barstow, CA 92311. (APN #0428-211-31).

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
At time of application submittal the applicant has designated Michael A. Wilhoit 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. As locations hiring process ensues, on-site manager is subject to change, however the applicant is required to notify the City of Barstow if/when on site manager contact changes.

Conditional Use Permit
9 Packet Pg. 42
Regular Meeting
08/15/22 06:00 PM
Building
Christopher Heldreth
Ordinance
Doc ID: 5069

AGENDA ITEM
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, an 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. Both Barstow Police Department Police Chief and Captain have reviewed the applicant’s security plan and it appears to meet all standards.

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 Plan
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. In addition, both Barstow Police Department and City of Barstow Attorney have reviewed the required Operations Plan.

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

FISCAL IMPACT:

Quality Life Inc. will pay a yearly sum of $10,000 ($2 per sq. ft. of the facility) to the Community Benefit Program. A yearly operating fee of $25,000 will be paid to the City ($5 per square foot x 5000 sqft) in addition to a yearly application renewal fee of $14,107.85.

RECOMMENDED ACTION:

Staff recommends the City Council adopt 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.
9 Packet Pg. 43
ORDINANCE NO. 992-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF BARSTOW, CALIFORNIA APPROVING A CANNABIS LICENSE

APPLICATION FOR QUALITY LIFE INC AND DEVELOPMENT AGREEMENT

WITH QUALITY LIFE INC FOR A CANNABIS CULTIVATION, DISTRIBUTION,

TRANSPORTATION, AND MANUFACTURING FACILITY AT
2989 LENWOOD ROAD SUITE 1, 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

9.a
Packet Pg. 44
2 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 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, Quality Life Inc’s proposes to improve, develop and use real property to operate a commercial cannabis cultivation, distribution, transportation, and manufacturing facility at 2989 Lenwood Rd Suite 1 (APN #0421-131-55) and has properly submitted a completed cannabis license application; and
WHEREAS, City and the Quality Life Inc 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. 563- 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

9.a
Packet Pg. 45
3 WHEREAS, the City Council finds that the ordinance is in the best interest of the health, welfare, and safety of the public.

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 4 the City Council hereby determines as follows:

A. DA 4 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 4, if approved, is in the best interests of the City because the cultivation, distribution, transportation, and manufacturing facility increases commercial vibrancy in the City; and,
C. DA 4 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 4 and grants a Notice of Exemption for the Proposed Project, subject to the Conditions of Approval in Planning Commission Resolution No. 563-2022 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

9.a
Packet Pg. 46
4 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 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.

9.a
Packet Pg. 47
5 PASSED, APPROVED AND ADOPTED this 15th day of August, 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. 992-2022, which was introduced at a 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 15th day of August, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Andrea Flores, City Clerk

9.a
Packet Pg. 48

9.b
Packet Pg. 49

9.b
Packet Pg. 50

9.b
Packet Pg. 51

9.b
Packet Pg. 52
WHEREAS, After conducting a duly noticed hearing on May 23, 2022, in conjunction with the City's applicable ordinances and resolutions, the Planning Commission of the City reviewed, considered and approved environmental clearance and recommended approval of the execution of this Agreement to the City Council. The Planning Commission found the Project:
consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in the City's zoning laws; in conformity with the public necessity, public convenience, general welfare and good land use practices; will not be detrimental to the health, safety and general welfare of the city; will not adversely affect the orderly development of property or the preservation of property values; and will have a positive fiscal impact on the City;
WHEREAS, after conducting a duly noticed hearing on August 15, 2022, in conjunction with the City's applicable ordinances and resolutions, and after independent review and consideration, the City Council approved the execution of this Agreement by adopting the Enabling Ordinance, the ordinance that approves this development agreement. The City Council found the Project: consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in the City's zoning laws; in confonnity with good land use practices; will not be detrimental to the health, safety and general welfare of the City; and is in the best interest of the City of Barstow and its residents.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:

1. Government Code and Municipal Code Required Elements a. Description of Property. Land situated in the City of Barstow, County of San Bernardino, State of California; whose street address is 2989 Lenwood Rd,, Suite 1, City of Barstow, State of California (the "Site"). The Site includes Assessor's Parcel Number: 0421-313-55-0000 and 0421-313-58-0000.
b. Owner and Other Person with Legal or Equitable Interest.

Owner: Qiaomin Hu/ American Quartz Group, Inc.

Nature of Interest: Owner in fee simple.

Operator: Michael Wilhoit/Quality Life Inc.

Nature of Interest: 5-year lease with 3, 5 year options to renew If Owner is not the fee simple owner of the Site, check box below:
[ x] Operator represents and warrants that the prope1ty owner has consented in writing to the execution and recordation of this Agreement against the Site. c. Permitted Uses. The subject property may be used for a commercial cannabis cultivation, manufacturing and distribution as presently authorized W1der City Ordinance No. 977-2021, 5 9.b
Packet Pg. 53

9.b
Packet Pg. 54

9.b
Packet Pg. 55

9.b
Packet Pg. 56

9.b
Packet Pg. 57

9.b
Packet Pg. 58

9.b
Packet Pg. 59
development, infrastructure, capital improvements, including expansion and/or improvement to existing facilities or other physical improvements that provide a benefit to the community, support of holiday and special community events, and support of local public service, public safety, litigation defense, and special social and community organizations. This community benefits program may be implemented by the City. The City may invite public participation in the decision-making process for identifying and prioritizing community needs and benefits and identifying appropriate projects to be funded by the entity implementing this community benefits program. All projects under the community benefits program must be approved by the City.

Operator agrees, as a business expense, to pay the City the yearly sum of $10,000 (calculated as $2 per sq. ft.). Unless initialed below by the City Manager, this yearly sum shall be deposited in full into a dedicated account set up by the City in order to create, fund and impl�ment a City-approved community benefits program. The community benefits program funds shall be spent only as directed by the City Council and shall be separately accounted for within the City's General Fund.
c. Designation of Community Relations Liaison. Pursuant to Ordinance No. 977-2021, at the time of this Agreement, Operator's day,..to-day operations manager, Michael Wilhoit, will be responsible for community inquiries and complaints and on-site management during normal business hours.
d. Interface with Barstow Police Department/ Inspections. Operator's day-to- day operations manager, and/or the Operator's Community Relations Liaison, Michael Wilhoit, will interface with the Barstow Police Department's assigned designee to ensure its operation complies with state and local laws and regulations. The City Manager, or designee, or the Barstow Police Department's assigned designee acting at the City Manager's request and per his specific and limiting instructions, shall have the right to enter all Premises from time to time unannounced during hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this Agreement and state and local laws and regulations, without the requirement of a search warrant, subpoena, or court order, and subject to appropriate cost recovery fees set forth in this Agreement, or adopted by the City. e. Local Recruitment, Hiring, and Training Programs. Operator is committed to making a good-faith effort to recruit, hire, and train City residents for employment by Operator. A goodfaith effort means Operator shall take the following or similar actions to recruit and employ City residents: 1) Contact local recruitment sources to identify qualified individuals who are City residents, 2) Advertise for qualified City residents in trade papers and newspapers of general circulation in the area, and 3) Develop a written plan to recruit and employ City residents as a part of its workforce. At a minimum, the Operator commits to a good faith local annual hiring goal of 40% of total work hours for permanent and apprentice employees. This goal shall apply horizontally, across all departments and managerial positions. The Operator shall not be penalized or deemed in default under this Agreement if it is unable to achieve such a goal. "Local" is defined as within a 3-mile radius of the boundaries of the City's boundaries. The purpose of the hiring policy is to facilitate the training and employment of local and disadvantaged job applicants for jobs within the City's jurisdiction, and 3-mile radius of City boundaries. The Operator shall report on compliance with the local hiring goals as part of its annual audit report.
12 9.b
Packet Pg. 60

9.b
Packet Pg. 61
As used herein, "Premises" means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the Commercial Cannabis Permittee applicant orCommercial Cannabis Permittee where the Commercial Cannabis Activity will be or is conducted. The parties stipulate and agree that the square footage for the Premises upon the Effective Date of this Agreement is and shall be during the term ofthis Agreement: approximately 5,000 square feet.

As used herein, "Commercial Cannabis Activities" means all permitted activities: e.g., cultivation, possession, manufacture, processing, storing, packaging, labeling, transportation, or distribution of Cannabis and/or Cannabis Products.

As used herein, "Gross receipts" shall mean the total amoW1t actually received or receivable in the course of business in a calendar year or calendar month from sales or the performance of acts or services for which charge is made or credit allowed. "Gross receipts" include, without limitation, all receipts, cash, credit, property received in lieu of cash, and any other valuable consideration taken in exchange for goods, services, or other valuable consideration.

As used herein, "Production Space" means the area on or within the Premises intended for Commercial Cannabis Activities excluding non-operational common areas such as restrooms, cafeterias, break rooms, hallways, corridors, vestibules, parking structures or surface street lots.

The parties stipulate and agree that the square footage for the Production Space shall be determined by the City Manager in his sole and complete discretion as the Project is completed.

The City Manager is specifically authorized to set and adjust the square footage for the Production Space and to determine the corresponding operating fee as the Project is completed.

Operator, or Owner if Owner and Operator are the same entity, agrees to pay to City, in order to enable City to promote, protect, and enhance the healthy, safety, and welfare of the community and its residents and its quality of life, the greater of the following fees if holding a Cannabis Cultivation Permit or Cannabis Manufacturing Permit:
1) a yearly operating fee of Five Dollars ($5) per square foot x total square footage of the "Premises" until Operator is operating on the Premises and selling product under its City CCP and State License(s). Once Operator is operational and generating revenue, the yearly operating fee is Five Dollars ($5) per square foot x total square footage of the Premises. Fees shall be paid on December 31st of every year. Failure to pay the fee within 30 days after the due date shall result in an additional penalty for nonpayment in a sum equal to 25 percent of the total amount due.

Holders of Cannabis Non-Storefront Retail Delivery Permit of Cannabis Storefront Retail Permit shall pay:
2) a monthly operating fee(s) of:
3% (three percent) of Gross Receipts for operations from the Cannabis NonStorefront Retail Delivery Permits and Cannabis Storefront Retail Permits, to be paid monthly. Fees shall be due to the City on 1st of the month. 14 9.b
Packet Pg. 62
Failure to pay the fee within 30 days after the due date shall result in an additional penalty for nonpayment in a sum equal to 25 percent of the total amount due.

Facilities with multiple licenses must not commingle respective sales proceeds, and blend percentage rate of Gross Receipts.
d. Operator, or Owner if Owner and Operator are the same entity, understands and agrees that the fees set forth above shall be paid in a manner and in accordance with a payment schedule set or modified by City. The cultivation, manufacturing and distribution space to which the fee applies is as identified on the attached floor plan.
e. If Operator makes any changes to the interior layout of the facility that increases the amount of space allocated to those uses to which the per-square- foot fee applies, Operator shall notify City of such changes at least fourteen (14) calendar days prior to making such changes, and the per-square-foot fee shall be modified accordingly. If Operator fails to give City notice as required herein, Operator shall be responsible for paying to City a per-square-foot fee based on any increase in the amount of space allocated to those uses to which the per-square- foot fee applies retroactive to the date the Regulatory Permit became effective.

8. Cost Recovery Fee
In addition to the applicable application fees, community benefits payment, and City operating fees, Operator agrees to pay, and City shall assess to Operator, or Owner if Owner and Operator are the same entity, fees to recover City's reasonable processing and monitoring costs relating to Operator's business upon issuance of Operator's Manufacturing, Cultivation and Distribution and/or Microbusiness Permits or any Additional Permits (hereinafter "CRF"). CRFs are separate and apart from any operating fees set forth in Article 7. The Operator, or Owner if Owner and Operator are the same entity, shall pay all such fees per the cannabis fee scheduled as adopted by the City Council by Resolution.
a. Processing Fees. Processing fees for the Application are based upon the direct and indirect costs that City incurs in reviewing the Application. The processing fees for the Application shall be based only on costs that are reasonably necessary for processing the Application and implementing the Ordinance, including staff time, legal fees, and consultant fees.
b. Annual Regulatory and Monitoring Fees. Annual Regulatory and Monitoring fees for the Manufacturing, Cultivation and Distribution Permits are based upon the direct and indirect costs City incurs in confirming the use of the Property in accordance with the municipal code, the Ordinance, this Agreement, and the Application. The monitoring fees shall be based only on costs that are reasonably necessary for conducting these reviews. c. Billing and Payment. The City may elect to bill the Operator, or Owner if Owner and Operator are the same entity, the Initial CRF on the first day of the month following the Effective Date of this Agreement. Thereafter, City shall bill Operator, or Owner if Owner and Operator are the same entity, the CRF on the first day of each Quarter with an invoice providing the time 15 9.b
Packet Pg. 63

9.b
Packet Pg. 64

9.b
Packet Pg. 65

9.b
Packet Pg. 66
3) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior the termination of this Agreement. 4) Maintain all insurance required herein from the Effective Date of this Agreement to the earlier of the expiration of the term or the mutual written termination of this Agreement. 5) Place all insurance required herein with insurers licensed to do business in California with a current Best's Key Rating Guide reasonably acceptable to City. f. Indemnity. Operator agrees to indemnify, defend, and hold City, and its elected and appointed council, boards, commissions, officers, agents, employees, contractors, consultants and representatives, harmless from any and all claims costs and liability for any personal injury or property damage which may arise as a result of any actions or negligent omissions by Operator or Operator's contractors, subcontractors, agents, or employees in connection with the construction, improvement, or operation of the Project.

11. Terminatjon
a. Termination Upon End of Term. This Agreement shall terminate upon the expiration of the term unless it is terminated earlier pursuant to the terms of this Agreement. Upon termination of this Agreement, City shall record a notice of such termination and this Agreement shall be of no further force or effect except as otherwise set forth in this Agreement. b. Effect of Termination on Operator's Obligations. Termination of this Agreement shall eliminate any further obligation of Operator to comply with this Agreement, or some portion thereof, if such termination relates to only part of the Site or Project. Termination of this Agreement, in whole or in part, shall not, however, eliminate the rights ofOperator to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination.
c. Effect ofTermination on City's Obligations. Termination of this Agreement shall eliminate any further obligation of City to comply with this Agreement, or some portion thereof.

Termination of this Agreement shall not, however, eliminate the rights of City to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination.
d. Survival After Termination. The rights and obligations of the Parties set forth in Article 15, Article 21, and Section 9, Section 23(e), Section 23(f), and Section 23(h), and any right or obligation of the Parties in this Agreement which, by its express terms or nature and context is intended to survive termination of this Agreement, will survive any such termination. e. Termination Upon Failure to Perform. The Operator shall have two years after the Effective Date to commence operation of the commercial cannabis facility contemplated by this Agreement. Failure of the Operator to commence commercial cannabis operations within that two-year time period may constitute a default and City shall have the right, but not the 19 9.b
Packet Pg. 67

9.b
Packet Pg. 68

9.b
Packet Pg. 69

9.b
Packet Pg. 70

9.b
Packet Pg. 71

9.b
Packet Pg. 72

9.b
Packet Pg. 73
f. Failure to Conduct Review. City's failure to conduct a periodic review of this Agreement shall not constitute a breach of this Agreement.
g. Cost of Review. The costs incurred by City in connection with the periodic reviews shall be borne by Operator.

20. Assignment
Assignment by Operator. Operator shall not transfer, delegate, sublet or assign its interest, rights, duties, and obligations under this Agreement without the prior written consent of City Council, which consent shall not be unreasonably withheld. Operator shall submit a transfer application to the City Manager or City Manager's designee and pay any applicable transfer fee. The proposed transferee must show proof of lawful transfer of possession of the applicable location as may be acceptable to the City. Operator is aware it may take the City approximately six (6) months to process a transfer application.

Any assignment, delegation, subletting or assignment without the prior written consent of City shall be null and void. Any transfer, delegation, subletting or assignment by Operator as authorized herein shall be effective only if and upon the party to whom such transfer, delegation, subletting, or assignment is made is issued a Commercial Cannabis Permit as required under the Barstow Municipal Code.

21. Operating Commercial Cannabis Facility
Any party to this Agreement, or successor in interest thereto, shall not operate a commercial cannabis facility authorized under the municipal code unless:
a. It is the holder of a valid Commercial Cannabis Permit issued by City in accordance with the procedures and requirements 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 communication 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 designated below as the party to whom notices are 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 26 9.b
Packet Pg. 74

9.b
Packet Pg. 75

9.b
Packet Pg. 76

9.b
Packet Pg. 77

9.b
Packet Pg. 78

9.b
Packet Pg. 79

9.b
Packet Pg. 80

9.b
Packet Pg. 81

9.b
Packet Pg. 82

9.b
Packet Pg. 83

9.b
Packet Pg. 84

9.b
Packet Pg. 85

9.b
Packet Pg. 86

9.b
Packet Pg. 87

EXHIBIT D

RESERVATION OR DEDICATION OF LAND FOR PUBLIC PURPOSES
(NOT APPLICABLE)

9.b
Packet Pg. 88

EXHIBIT E

OPERATIONAL AND ADDITIONAL BUSINESS STANDARDS
(NOT APPLICABLE)

9.b
Packet Pg. 89

EXHIBIT F

INDEMNIFICATION AGREEMENT

9.b
Packet Pg. 90
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

9.b
Packet Pg. 91

9.b
Packet Pg. 92

EXHIBIT G

STANDARDS AND CONDITIONS FOR CONSTRUCTION
(NOT APPLICABLE)

9.b
Packet Pg. 93

9.c
Packet Pg. 94
California Secretary of State
Electronic Filing
Corporation - Statement of Information
Entity Name:

Entity (File) Number:

File Date:

Entity Type:

Jurisdiction:

Detailed Filing Information
Entity Name:

Business Addresses:

Street Address of Principal
Office in California:

Mailing Address:

Street Address of Principal
Executive Office:

Officers:

Chief Executive Officer:
b. Secretary:

Use bizfile.sos.ca.gov for online filings, searches, business records, and resources.

AMERICAN QUARTZ GROUP, INC.

C4233860
05/13/2020

CALIFORNIA
GF57635
AMERICAN QUARTZ GROUP, INC.
2979 LENWOOD ROAD
BARSTOW, California 92311
United States of America
2979 LENWOOD ROAD
BARSTOW, California 92311
United States of America
2979 LENWOOD ROAD
BARSTOW, California 92311
United States of America

QIAOMIN HU
2979 LENWOOD ROAD
BARSTOW, California 92311
United States of America

ZHONGZHAO PAN
2979 LENWOOD ROAD
BARSTOW, California 92311
United States of America
G
F
5 7
6 3
5 9.d
Packet Pg. 95
California Secretary of State
Electronic Filing
Director:

Number of Vacancies on the Board of
Directors:

Service of Process:

Type of Business:

Electronic Signature:

Use bizfile.sos.ca.gov for online filings, searches, business records, and resources.

YONGMING PEI
2979 LENWOOD ROAD
BARSTOW, California 92311
United States of America

RUISHOU ZHU
2979 LENWOOD ROAD
BARSTOW, California 92311
United States of America
0 QIAOMIN HU
2979 LENWOOD ROAD
BARSTOW, California 92311
United States of America

TRADING AND MANUFACTURER

QIAOMIN HU
G
F
5 7
6 3
5 9.d
Packet Pg. 96
Ý¿´·º±®²·¿ Í»½®»¬¿®§ ±º Í¬¿¬»
Û´»½¬®±²·½ Ú·´·²¹
Ý±®°±®¿¬·±² ó
Ë-» ¾·¦º·´»ò-±-ò½¿ò¹±ª º±® ±²´·²» º·´·²¹-ô -»¿®½¸»-ô ¾«-·²»-- ®»½±®¼-ô ¿²¼ ®»-±«®½»-ò

QIAOMIN HU
2979 LENWOOD ROAD
BARSTOW, California 92311
United States of America

FENGDI ZHAO
2979 LENWOOD ROAD
BARSTOW, California 92311
United States of America

GUILIN ZHU
2979 LENWOOD ROAD
BARSTOW, California 92311
United States of America

YONGMING PEI
2979 LENWOOD ROAD
BARSTOW, California 92311
United States of America

JIEKAI ZHU
2979 LENWOOD ROAD
BARSTOW, California 92311
United States of America

ZHONGZHAO PAN
2979 LENWOOD ROAD
BARSTOW, California 92311
United States of America

XIANGFENG XU
2979 LENWOOD ROAD
BARSTOW, California 92311
United States of America
G
F
5 7
6 3
5 9.d
Packet Pg. 97

Barstow City CouncilAugust 15, 2022

Barstow City Council
August 15, 2022