Agenda packet — Barstow City Council, November 7, 2022

BARSTOW CITY COUNCIL /

BARSTOW FIRE PROTECTION DISTRICT

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
NOVEMBER 7, 2022
5:30 PM
(HANDICAPPED ACCESSIBLE)

AMENDED AGENDA

JOINT SPECIAL MEETING
Agenda-November 7, 2022

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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
CLOSED SESSION 5:30 PM
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, 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-November 7, 2022

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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. LABOR NEGOTIATIONS - (GOVERNMENT CODE SECTION 54957.6) PUBLIC EMPLOYEE(S) Recommended Action:

City Negotiator: City Manager Willie A. Hopkins, Jr.

Employee Organization: Unit 5 Barstow Professional Firefighters Association

2.1.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Recommended Action:

Pursuant to Government Code Section 54956.9(d)(2) & (d)(3) A point has been reached where, in the opinion of the City Council, on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City.

Facts and circumstances that might result in litigation but which the City believes are not yet known to potential plaintiff or plaintiffs. (Gov. Code § 54956.9(e)(1)) Number of Potential Cases: [3]

2.2.ECONOMIC DEVELOPMENT DISCUSSION
Recommended Action:

Discussion only
REPORT OF CLOSED SESSION:

INVOCATION:

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

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.

Agenda-November 7, 2022

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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:

3. AFTER-EVENT REPORT AND PRESENTATION BY BARSTOW CHAMBER OF COMMERCE & MAIN STREET MURALS
Recommended Action:

After-event report and presentation only.

4. PRESENTATION OF THE CITY OF BARSTOW'S MARKETING PLAN Recommended Action:

Presentation only.

5. PRESENTATION FROM THE COUNTY OF SAN BERNARDINO DEPARTMENT OF

BEHAVIORAL HEALTH (DBH)
Recommended Action:

Presentation only.

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

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

MINUTES ALL AGENCIES:

6. MINUTES JOINT MEETING - OCTOBER 17, 2022 AT 5:30 P.M.

Recommended Action:

Approve minutes as presented.

ACCOUNTS PAYABLE ALL AGENCIES:

7. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:

Approve and ratify expenses, as audited, for checks #89057-89367 totaling $2,829,350.28 and wires #833-835 & #837-839 totaling $233,202.73, per the Agency breakdown below:

City: $2,845,826.28
Fire: $216,726.73
Successor Agency: $0.00
Grand Total: $3,062,553.01
CITY COUNCIL:

8. LOCAL TRANSPORTATION FUND (LTF) CLAIM FOR FISCAL YEAR 2021/2022 Recommended Action:

Staff recommends the City Council approve the filing of the Article 8, LTF Claim Form with the San Bernardino County Transportation Authority for fiscal year 2021/2022 in the amount of $63,641.

Agenda-November 7, 2022

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9. AWARD CONSULTANT CONTRACT TO DEVELOP THE CITY'S LOCAL ROADS AND

SAFETY PROGRAM
Recommended Action:

Staff recommends the City Council take the following actions:

1. Approve a contract with KOA corporation for $79,824.58 and reject all other proposals upon the satisfactory submissions of the required contract, insurance certificates and required documentation.

2. Authorize the City Manager or designated representative to sign the contract.

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:

PUBLIC SAFETY UPDATES:

CITY MANAGER / DISTRICT MANAGER COMMENTS:

BUSINESS / ACTION ITEMS:

CITY COUNCIL:

10. APPROVAL OF COMMUNITY SERVICES DEPARTMENT POSITIONS Recommended Action:

Staff is recommending that City Council:

1. Approve the additional positions in the Community Services Department to include one Field Services Supervisor, one Facility Maintenance Supervisor, one Parks and Open Space Supervisor, and one additional Public Services Assistant.

2. Authorize the City Manager to start the recruitment process and backfill any vacancies from internal promotions that might occur as a result of filling the additional positions.

11. CONSIDERATION OF RESOLUTION DECLARING REAL PROPERTY LOCATED AT 1701 E.

MAIN STREET EXEMPT SURPLUS LAND
Recommended Action:

The City Council adopt Resolution No. ____-2022 declaring the parcel at 1701 E. Main Street exempt surplus land and not necessary for the City’s use and directing staff to take further steps to dispose of the land consistent with the Surplus Land Act.

Exhibit A - Resolution No. ____-2022
Exhibit B - Quit Claim Deed
Exhibit C - Renderings Submitted by the Marsella Family Exhibit D - Site Photos
Agenda-November 7, 2022

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Exhibit E - Transfer Agreement for 1701 E. Main St.

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

Adopt Resolution No. 5108-2022, amending the City Council rules for the conduct of its meeting proceedings and business, repealing Resolution 4647-2011; and waive the full reading.

ADJOURNMENT:

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

Materials related to an item on this Agenda submitted to the Governing Board after distribution of the agenda packet area available for public inspection in the City Clerk's Office at 220 East Mountain View Ste. A, Barstow, CA 92311 during normal business hours.

The City of Barstow, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk’s Office (760) 255-5122, at least one business day prior to the scheduled meeting to ensure that we may assist you.

I hereby certify, UNDER PENALTY OF PERJURY that this agenda has been posted 72 hours prior to the stated meeting in a place accessible to the public.

Posted on the 3rd day of November, 2022.

Joint Special Council/BFPD
11/7/22 05:30:PM
Maria Chavez
Doc ID: 5168

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

LABOR NEGOTIATIONS - (GOVERNMENT CODE SECTION 54957.6) PUBLIC EMPLOYEE(S) EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

RECOMMENDED ACTION:

City Negotiator: City Manager Willie A. Hopkins, Jr.

Employee Organization: Unit 5 Barstow Professional Firefighters Association 1 Packet Pg. 6
Joint Special Council/BFPD
11/7/22 05:30:PM
Maria Chavez
Doc ID: 5167

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None
RECOMMENDED ACTION:

Facts and circumstances that might result in litigation but which the City believes are not yet known to potential plaintiff or plaintiffs. (Gov. Code § 54956.9(e)(1)) Number of Potential Cases: [3]

2.1 Packet Pg. 7
Joint Special Council/BFPD
11/7/22 05:30:PM
Maria Chavez
Doc ID: 5170

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

ECONOMIC DEVELOPMENT DISCUSSION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

RECOMMENDED ACTION:

Discussion only
Packet Pg. 8

2.2 Joint Special Council/BFPD
11/7/22 05:30 PM
City Manager Department
Maribel Hernandez
Presentation
Doc ID: 5164

AGENDA ITEM
AGENDA MATTER:

AFTER-EVENT REPORT AND PRESENTATION BY BARSTOW CHAMBER OF COMMERCE & MAIN

STREET MURALS
EXECUTIVE SUMMARY:

Representative(s) from the Barstow Chamber of Commerce will be providing an after-event report and presentation on the Main Street USA Car Show held October 8, 2022.

DISCUSSION:

At the July 18, 2022 City Council meeting, Council waived the fees associated with the street closure for the Main Street USA Car Show (Measure Q community promotional fund donation) to help offset the costs of this event held on October 8, 2022. The waiver of fees was included in the Fiscal Year 2022/2023 Measure Q budget.

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

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

After-event report and presentation only.
3 Packet Pg. 9
Joint Special Council/BFPD
11/7/22 05:30 PM
City Manager Department
Willie A Hopkins
Presentation
Doc ID: 5153

AGENDA ITEM
AGENDA MATTER:

PRESENTATION OF THE CITY OF BARSTOW'S MARKETING PLAN
EXECUTIVE SUMMARY:

Representatives from communications agency McGregor Shott will conduct a presentation of the City of Barstow's marketing plan.

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Presentation only.
4 Packet Pg. 10
Joint Special Council/BFPD
11/7/22 05:30 PM
City Clerk / Records
Christina Rudsell
Presentation
Doc ID: 5165

AGENDA ITEM
AGENDA MATTER:

PRESENTATION FROM THE COUNTY OF SAN BERNARDINO DEPARTMENT OF BEHAVIORAL

HEALTH (DBH)
EXECUTIVE SUMMARY:

Dr. Kimberly Olson, DBH Program Manager, will conduct a presentation on the services provided by the Behavioral Health and Counseling Center in Barstow.

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Presentation only.
5 Packet Pg. 11
Joint Special Council/BFPD
11/7/22 05:30 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5160

AGENDA ITEM
AGENDA MATTER:

MINUTES JOINT MEETING - OCTOBER 17, 2022 AT 5:30 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
6 Packet Pg. 12

BARSTOW CITY COUNCIL /

BARSTOW COMMUNITY SERVICES FOUNDATION

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
OCTOBER 17, 2022
5:30 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

REGULAR MEETING
Minutes-October 17, 2022

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CALL TO ORDER - CLOSED SESSION:

MAYOR COURTNEY called the Closed Session meeting to order at 5:32 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, 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.

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 THREE

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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.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked when the third party investigation results would be made public. - Asked if MAYOR COURTNEY claiming that he would terminate CITY MANAGER NIKKI SALAS during his campaign was an abuse of power.

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 - EXISTING LITIGATION
Recommended Action:

Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Prothro v. City of Barstow, San Bernardino County Superior Court Case No. CIVSB-2116163

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

Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Hernandez v. City of Barstow, San Bernardino County Superior Court Case No.

CIV-SB-2125628

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

Receipt of Claim pursuant to Tort Claims Act or other written communication threatening litigation (copy available for public inspection in Clerk’s office). (Gov. Code § 54956.9(e)(3)) Name of Person or Entity Threatening Litigation: Kyle Wooley REPORT OF CLOSED SESSION:

CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider two items regarding existing litigation Prothro vs. City of Barstow and Hernandez vs. City of Barstow. Direction was provided to Council and no reportable action was taken.
- The four City Council Members excusing the Mayor met in Closed Session regarding anticipated litigation related to a claim filed by Mr. Kyle Wooley vs. City of Barstow. Direction was provided to Council and no reportable action was taken.

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INVOCATION:

PASTOR LILLIE COOPER from IN HIS PRESENCE INTERNATIONAL MINISTRY led the invocation.

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 meeting to order at 7:01 P.M.

PLEDGE OF ALLEGIANCE:

MAYOR PRO TEM NOBLE led the pledge of allegiance.

ROLL CALL:

ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HAND TO THE CITY CLERK. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

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

Motion by COUNCIL MEMBER ROSE, seconded by COUNCIL MEMBER SILVA, and unanimously carried to approve the agenda pulling Items 11 and 12 for discussion.

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

None.

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

MINUTES ALL AGENCIES:

4. MINUTES SPECIAL CLOSED SESSION MEETING - SEPTEMBER 29, 2022 5:30 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 - OCTOBER 3, 2022 7:00 P.M.

Recommended Action:

Approve minutes as presented.

COUNCIL MEMBER DYER KRUSE
- Stated that a correction was needed on page 2 to change Kay Whitehead to Kay Whitecloud.

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

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

6. ANNUAL FINANCIAL REPORTS OF THE BARSTOW COMMUNITY SERVICES FOUNDATION FOR THE FISCAL YEAR ENDED, JUNE 30, 2022
Recommended Action:

Review and accept the Annual Financial Reports of the Barstow Community Services Foundation, prepared in accordance with Section 7.05 of the bylaws, as of the fiscal year ended, June 30, 2022, for filing.

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

7. CHANGE IN OFFICERS FOR 2022/2023
Recommended Action:

Approve the 2022/2023 change of officers for the Barstow Community Services Foundation and accept the 'Statement of Facts' (Form 405) and 'Statement of Interest' (Form 100).

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

8. APPROVAL TO INCREASE POND PUMPING SYSTEM PROJECT BUDGET AND AWARD TO

RE CHAFFEE CONSTRUCTION
Recommended Action:

Staff recommends that the City Council:

1. Appropriate an additional $200,000.00 to Capital Project Account Number 400.803.321.23.605

2. Approve the lowest bidder RE Chaffee Construction in the amount of $407,410.00 for the Wastewater Treatment Plant East Pond Pumping System Project and reject all other bids.

3. Give the City Manager or designee the authority to sign an agreement.

SPEAKERS

CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that Item 8 should have been pulled for discussion since it was a budget appropriation.

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

9. APPROVAL OF PURCHASE OF TALL CROP FARM TRACTOR
Recommended Action:

Staff recommends that the City Council take the following actions:

1. Authorize staff to purchase the New Holland Tall Crop Farm Tractor, from Scott's Equipment, from account number 400.803.320.23.605 from the Wastewater Equipment Refurbish Fund; and

2.Give the City Manager or designee the authority to execute the necessary agreement.

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

10. APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE LEAGUE

OF CALIFORNIA CITIES CITY CLERKS NEW LAW AND ELECTIONS SEMINAR Recommended Action:

Approve travel for City Clerk Andrea Flores to Monterey, CA for the League of California Cites New Law and Elections Seminar.

SPEAKERS

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Expressed support for CITY CLERK ANDREA FLORES receiving more training on new legislation and commended her for doing a good job.

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

11. MEASURE Q FUND FINANCIAL REPORT FISCAL YEAR 2021-2022 - 4TH QUARTER Recommended Action:

That the City Council receive and file the Measure Q Fund Financial Report for the 4th Quarter of Fiscal Year 2021-2022 covering the period of April 1, 2022 - June 30, 2022.

COUNCIL MEMBER ROSE
- Asked why the Measure Q Financial Report was on the Consent Calendar. - Asked why a member of the Resident Oversight Commission (ROC) was not at the meeting to present the report.

INTERIM FINANCE DIRECTOR MARC PUCKETT
- Stated that the Measure Q Commission Chairperson requested that staff present the report and answer any questions.
- Also noted that the report was an informational receive and file item. - It was the consensus of the Council to have a member of the ROC present the financial report going forward.

SPEAKERS

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with the Measure Q balance.
- Asked if Measure Q funds would be spent on pending lawsuits.

PERRY PACK, BARSTOW, CALIFORNIA
- Discussed concerns with Measure Q funds not being allocated towards public safety.

MARCIA WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns with Measure Q funds not being allocated towards public safety.

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asked what the current Measure Q balance was.
- Discussed concerns with Measure Q funds not being allocated towards public safety, parks and recreation, senior programs, etc.

ET SNELL, NEWBERRY SPRINGS
- Asked how Barstow Community Services Foundation funds were intended to be spent. - Asked how members of the Barstow Community Services Foundation Board were appointed. - Discussed concerns with the Barstow Professional Firefighters Association endorsing City Council candidates.
- Stated more Code Enforcement officers were needed.

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RESULT: APPROVED [3 TO 2]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Kruse, Courtney, Silva
NAYS: Noble, Rose

12. ALLOCATE MEASURE Q FUNDS FOR THE PURCHASE OF EQUIPMENT AND MATERIALS Recommended Action:

1. Approve Budget Amendment Number 090222 in the amount of $90,160.26, from Streets Measure Q funds, to the appropriate 400 account.

2. Authorize the City Manager or designee the authority to purchase mastic machine and mastic materials from SealMaster for an amount of $90,160.26.

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

COUNCIL MEMBER ROSE
- Asked what the balance was in the 400 fund and why Measure Q funds were needed.

INTERIM FINANCE DIRECTOR MARC PUCKETT
- Stated that staff was proposing reallocating funding that was previously approved by the Council.

GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Clarified that staff was not requesting additional funding. - Discussed the need for the equipment.

SPEAKERS

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Expressed support for purchasing equipment that increases efficiency and reduces personhours.

ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Asked if streets were included in the Measure Q ballot measure. - Discussed concerns with spending Measure Q funds on overtime for Fire Department personnel.

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

13. APPROVAL OF UPDATED MEMORANDUMS OF UNDERSTANDING FOR UNITS 1, 2, 3, 6 AND 8
Recommended Action:

Staff recommends that the City Council take the following action:

1. Approve the MOU with Unit 1 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment B)

2. Approve the MOU with Unit 2 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment D)

3. Approve the MOU with Unit 3 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment H)

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4. Approve the MOU with Unit 6 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment F)

5. Approve the MOU with Unit 8 and authorize the City Manager to sign the agreement on the City’s behalf. (Attachment J)

SPEAKERS

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Discussed the importance of the approval of the MOUs for the bargaining units and reaching an agreement between employees and the City.

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).

None.

PUBLIC HEARINGS:

None.

GENERAL, NON-AGENDA PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL

SPEAKERS

KAMBIZ MORIDI, BARSTOW, CALIFORNIA
- Discussed concerns with the Marriott hotel, MAYOR PRO TEM NOBLE and MAYOR COURTNEY.

PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Discussed SB 1100 and stated it was effective January 1, 2023.

LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with Fire Department staff attending a recent political event while on duty and in uniform.

MARTHA O'BRIEN, BARSTOW, CALIFORNIA
- Thanked the community members who assisted with her campaign for District 1 City Council.

TERRI PERALTA, BARSTOW, CALIFORNIA
- Discussed concerns with social media posts in opposition of her campaign. - Asked MAYOR PRO TEM NOBLE to support her in condemning hateful attacks on social media.

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DARRIN FIKSTAD, BARSTOW, CALIFORNIA
- Discussed concerns with COUNCIL MEMBER ROSE sharing a confidential letter he sent to MAYOR COURTNEY and CITY MANAGER WILLIE HOPKINS, JR. regarding the Homeward Bound Committee.

CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with discussing politics and campaigning during public comments. - Asked CITY ATTORNEY MATTHEW SUMMERS if Fire Department staff attending a political event while on duty was legal.

PERRY PACK, BARSTOW, CALIFORNIA
- Asked about the status of the investigation into the Marriott development incentive. - Discussed concerns with how Measure Q funds were spent.

DON JACKSON, BARSTOW, CALIFORNIA
- Discussed concerns with COUNCIL MEMBER ROSE.

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with District 2 candidate TERRI PERALTA.

MARCIA WEASMA, BARSTOW, CALIFORNIA
- Invited the Mayor and Council to attend the Barstow Senior Center Craft Fair on October 22, 2022 and the Costume Contest on October 29, 2022.

TED WEASMA, BARSTOW, CALIFORNIA
- Discussed concerns CITY ATTORNEY MATTHEW SUMMERS and the Marriott hotel development incentive not being discussed at the October 3, 2022 Council meeting.

BILLIE BRAUN, OWNER BILLIE'S KITCHEN
- Invited the community to participate in the Letters to Santa event and thanked the Council for their support.

DENNIS MOON, BARSTOW, CALIFORNIA
- Requested that streets be named after veterans, first responders and residents.

MELONIE COURTNEY, BARSTOW, CALIFORNIA
- Asked the Council why they directed the City Attorney to have the District Attorney investigate MAYOR COURTNEY for abuse of power.
- Stated she was a part time City employee and was not given favorable treatment during the hiring process.

KIM MARTIN, BARSTOW, CALIFORNIA
- Discussed concerns with COUNCIL MEMBER ROSE.

RAY JAIME, BARSTOW, CALIFORNIA
- Stated that the sidewalk on 313 Glade Avenue was in need of repair and was a trip hazard.

CITY MANAGER WILLIE HOPKINS, JR.
- Stated that staff would repair the sidewalk.

JIM BROWN, BARSTOW, CALIFORNIA
- Asked why CITY TREASURER MICHAEL LEWIS was no longer attending Council meetings. - Discussed the Barstow International Gateway (BIG) project.

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ET SNELL, BARSTOW, CALIFORNIA
- Discussed concerns with the Barstow Professional Firefighters Association endorsing City Council candidates.
- Also discussed Code Enforcement issues, food giveaways, the BIG Project and the Marriott hotel.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with the misuse of Measure Q funds.

RECESS:

MAYOR COURTNEY CALLED FOR A RECESS AT 8:55 P.M.

THE MEETING RECONVENED AT 9:01 P.M. WITH ALL MEMBERS PRESENT.

BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:

COUNCIL MEMBER ROSE
- Addressed MR. FIKSTAD, MR. JACKSON AND MS. MARTIN'S comments. - Provided an update on the October 12, 2022 Homeward Bound Committee meeting. - Motioned, seconded by MAYOR COURTNEY, to have the Department of Behavioral Health provide a presentation on mental health services available in Barstow at the next Council meeting. - Asked MAYOR COURTNEY if he was funding the Measure H signs that were posted throughout the City.
- Asked why the podium had not been moved so speakers would be on camera.

MAYOR COURTNEY
- Stated that he was not funding the Measure H signs.

CITY MANAGER WILLIE HOPKINS, JR.
- Stated that staff was working on the podium placement and more information would be forthcoming.

MAYOR PRO TEM NOBLE
- Stated that the animosity among the Council and community needed to end in order to move Barstow forward.
- Stated that campaigning and politics should not be conducted at City Council meetings and he would call a point of order if either occurred at future Council meetings. - Supported MR. MOON'S proposal to name streets after veterans, first responders and community members.
- Commended LEONARD WILLIAMS for his efforts with the Farmer's Market and discussed upcoming community events.
- Provided an update on Victor Valley Transit Authority's October 11, 2022 special meeting and October 17, 2022 regular meeting.

COUNCIL MEMBER DYER KRUSE
- Stated she recently attended the State of the County event, the Main Street USA Car Show and the Babies So Special 5K Run.
- Discussed upcoming events including Desert Sanctuary's Open House on October 19, 2022 and the Mardi Gras Parade on October 29, 2022.

COUNCIL MEMBER SILVA
- Stated that CITY ATTORNEY MATTHEW SUMMERS was correct in preventing the discussion of the Marriott hotel at the October 3, 2022 Council meeting as it was not on the agenda. - Discussed liability concerns with Fire Department staff attending a political event while on duty and in uniform. Motioned, seconded by COUNCIL MEMBER ROSE, to add discussion of this issue to the November 7, 2022 Closed Session agenda.

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MAYOR COURTNEY
- Stated he recently attended the State of the County event, the Main Street USA Car Show, Sun City Cruisers Car Show and the Babies So Special 5K Run.
- Discussed recent the San Bernardino County Transportation Authority Board Meeting. - Also discussed concerns with campaigning at Council meetings and with statements about him having an influence over the hiring of his wife in the Parks and Recreation Department. - Asked why discussion of the Marriott project was not included on the agenda.

CITY MANAGER WILLIE HOPKINS, JR.
- Stated that adding an item to the agenda required the concurrence of a second council member per the current policy.

STAFF REPORTS:

None.

PUBLIC SAFETY UPDATES:

ACTING FIRE CHIEF NICK DINAPOLI
- Discussed Halloween safety.

POLICE CHIEF ANDREW ESPINOZA, JR.
- Discussed Halloween safety.
- Invited the community to attend the Barstow Police Department's Trick or Treating event on October 31, 2022, 1 - 5 pm.

CITY MANAGER / DISTRICT MANAGER COMMENTS:

CITY MANAGER WILLIE HOPKINS, JR.
- Provided an update on labor negotiations.
- Stated that demolition of the El Rancho Motel would begin on October 27, 2022.

BUSINESS / ACTION ITEMS:

CITY COUNCIL:

14. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES FOR THE

GENERAL PLAN UPDATE
Recommended Action:

Staff recommends approval of the attached professional services agreement with Placeworks for the General Plan update.

BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk.

SPEAKERS

TED WEASMA, BARSTOW, CALIFORNIA
- Stated that he hoped public input would be solicited and received for the General Plan update.

ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Stated that the General Plan needed to address the BIG infrastructure needs. - Asked if public meetings would be held and what was the timeline. - Requested that public meetings be scheduled on a Saturday.

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BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated that the timeline would be determined by staff and the consultant and more information would follow.

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

15. DISCUSSION OF AD HOC COMMITTEES
Recommended Action:

Staff recommends that the Council evaluate reinstating any ad hoc committees that have sunset after the November 8, 2022 election in order to give the new Council the opportunity to goal set and provide direction.

CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk. - Stated that staff recommended that the Council evaluate reinstating any ad hoc committees that have sunset after the November 8, 2022 election in order to give the new Council the opportunity to goal set and provide direction.

COUNCIL MEMBER ROSE
- Stated that the Rules and Policies and Streets Committees were essential as their functions were critical with moving business of the City forward. - Stated that renewing the mandates of each committee should be done immediately and not after the election.

COUNCIL MEMBER SILVA
- Asked CITY ATTORNEY MATTHEW SUMMERS if the committees could continue to meet until the new Council provided direction.

CITY ATTORNEY MATTHEW SUMMERS
- Stated that the Council could continue the committees.

MAYOR PRO TEM NOBLE
- Asked if there were any other committees that needed to be reinstated.

CITY MANAGER WILLIE HOPKINS, JR.
- Stated that other committees including the Rules and Policies Committee would be established as the City continued to grow.
- Also noted that most committees would go dark during the holidays.

MAYOR COURTNEY
- Agreed that the committees should continue to meet until the new Council provides direction.

COUNCIL MEMBER ROSE
- Asked what the goal-setting process would be for the new Council.

CITY MANAGER WILLIE HOPKINS, JR.
- Stated that the goal-setting process would begin upon seating of the new Council Members.

SPEAKERS

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed the importance of the committees continuing to meet.

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CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed the importance of the committees continuing to meet.

Motion by COUNCIL MEMBER SILVA, seconded by COUNCIL MEMBER DYER KRUSE, and unanimously carried, to continue committee meetings at staff's discretion until the new Council provided direction.

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

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

Adopt Resolution No. 5108-2022, amending the City Council rules for the conduct of its meeting proceedings and business, repealing Resolution 4647-2011; and waive the full reading.

CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk.

COUNCIL MEMBER ROSE
- Stated that her recollection of the last Rules and Policies Committee meeting was to bring a draft resolution back to the committee for review.

SPEAKERS

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that public comments should not be at the end of the meeting.

CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed what items should be on Business Action and stated that the speakers should be on camera.

ET SNELL, BARSTOW, CALIFORNIA
- Stated that the order of the agenda should not hinder public participation.

CITY MANAGER WILLIE HOPKINS, JR.
- Requested that the item be tabled for another review by the Rules and Policies Committee.

DISCUSSION

COUNCIL MEMBER ROSE
- Agreed that the item should be tabled and brought back to the Rules and Policies Committee.

COUNCIL MEMBER SILVA
- Agreed that the item should be reviewed again by the Rules and Policies Committee. - Noted that the public comments portion of the meeting was currently longer due to more speakers and there needed to be enough time for the Council to conduct business.

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RESULT: CONTINUED [UNANIMOUS] Next: 11/07/2022 6:00 PM
MOVER: Timothy Silva, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Silva
ADJOURNMENT:

By the consensus of the City Council and without objection, the meeting was adjourned at 10:42 P.M. in memory of Frank Dillard.

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

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Attachment: 10 17 2022 CC Minutes_FINAL (5160 : Minutes Joint Meeting October 17, 2022 5:30 P.M.) Joint Special Council/BFPD
11/7/22 05:30 PM
Finance
Marisol Tolbert
Account Payable Expenditures
Doc ID: 5162

AGENDA ITEM
AGENDA MATTER:

RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
EXECUTIVE SUMMARY:

Approve and ratify City of Barstow, Barstow Fire Protection District (Fire) and Successor Agency accounts payable expenditures for checks #89057-89367 totaling $2,829,350.28 and wires #833-835 & #837-839 totaling $233,202.73, as described in detail in discussion box below.

DISCUSSION:

Having been audited as prescribed by Government Code Sections 37202 and 37208, the following prepaid checks and wires are herewith submitted for Council approval and ratification:

Wire/Check # Date Fiscal Year Agency Amount
Wire #833-835 09/30/22 FY22/23 City $1,788,204.23
Check #89057-89266 Fire $96,605.38
Successor $0.00
Run Total $1,884,809.61
Wire #837-839 10/14/22 FY22/23 City $1,1057,622.05
Check #89267-89367 Fire $120,121.35
Successor $0.00
Run Total $1,177,743.40

AP Run Grand Total $3,062,553.01
FISCAL IMPACT:

Expenses conform to City purchasing policies and the budget approved by resolution of the Council.

Accordingly, sufficient funds have been budgeted for these checks.

RECOMMENDED ACTION:

Approve and ratify expenses, as audited, for checks #89057-89367 totaling $2,829,350.28 and wires #833-835 & #837-839 totaling $233,202.73, per the Agency breakdown below:

City: $2,845,826.28
Fire: $216,726.73
Successor Agency: $0.00
Grand Total: $3,062,553.01
7 Packet Pg. 27
Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total 833 09/30/2022 001478 GOLDEN STATE WATER COMPANY 16792200004 2800 GUADALUPE DR,#A - 2" METER City 8,859.42 67,346.85 26792200003 2800 GUADALUPE DR,#B - 2" METER City 7,223.62 06241300000 DANA PARK BLDG - 4" METER City 7,166.98
36241300007 FOGLESONG PARK - 300 G ST, 4" METER City 5,132.75 86241300002 LILLIAN PARK- 901 BIGGER ST, 2" METER City 4,956.83 47241300004 800 S H ST- SOCCER FIELDS, 2" METER City 4,696.66 77241300001 STURNACLE PARK - 2" METER City 4,666.79
18241300005 H ST PARK - RIMROCK@H ST, 2" METER City 4,185.58 08241300006 K ST PARK - 34074 K ST, 2" METER City 3,955.27 37241300005 800 S H ST- SOCCER FLD LOT, 2" METER City 3,604.78 57241300003 JASPER PARK - 2" METER City 3,515.21
84114100005 LANDSCP PROJ - E MAIN ST, 2" METER City 1,241.90 05114100000 681 N 1ST AVE - 2" METER City 1,208.27
71922200002 FIRE DIST - 2600 W MAIN ST, 2" METER Fire 1,127.73 79114100005 CORP YARD - 900 S H ST - 3" METER City 1,030.34 68114100008 FIRE DIST - 861 BARSTOW RD - 2" METER Fire 666.11 88114100006 CITY HALL - 220 MT VIEW, 3" METER City 518.81 73808907999 WWTP- 2200 RIVERSIDE DR, 2" METER City 466.40 14658448023 WWTP- 2200 RIVERSIDE DR, 2" METER City 441.05 73115873769 900 AVENUE H - 2" METER City 425.26
54742552323 OPAL @ RIMROCK RD- 2" METER City 278.88
OPAL @ RIMROCK RD- 2" METER City 119.52
48770971645 200' W OF MONTEREY- 1" METER City 388.41
38114100001 2001 1/2 TRINITY AVE - 2" METER City 260.92 46792200001 2800 GUADALUPE DR,#C - 2" METER City 214.01 85260253449 MONTERREY @ STARLIGHT, 2" METER City 207.73 87241300000 DANA PARK EAST- 2" METER City 205.47

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - SEPTEMBER 30, 2022

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Attachment: 093022 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - SEPTEMBER 30, 2022
23400400000 2800 GUADALUPE DR,#D- 2" METER City 201.21
06232234572 453 AVENUE A - 2" METER City 139.44
453 AVENUE A - 2" METER City 59.76
45462902029 75' WEST OF HARVARD- 1" METER City 64.26
17893306674 100' W OF BROADWAY - 1" METER City 64.26
42590400000 2750 GUADALUPE DR - 5/8" METER City 24.90
29091421114 2800 FP GUADALUPE DR (A) METER Fire 14.16
07606215163 2800 FP GUADALUPE DR (B) METER Fire 14.16
834 09/30/2022 001257 PUBLIC EMP RETIREMENT SYSTEM 100000016924206 ARREARS ADMIN FEES -M. HERRERA City 500.00 500.00 835 09/30/2022 001257 PUBLIC EMP RETIREMENT SYSTEM 100000016924243 ARREARS PENSION -M. HERRERA City 18.48 18.48 89057 09/30/2022 002092 ALCANTARA, RUDOLPH OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89058 09/30/2022 002165 ARGUETA, LINDA OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89059 09/30/2022 011257 AVILES, ANGEL OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 260.00 260.00 89060 09/30/2022 012442 BARBOUR, BELINDA OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89061 09/30/2022 010910 BARNES, LORRAINE OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 426.56 426.56 89062 09/30/2022 011258 BAUTISTA, PATRICIA OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89063 09/30/2022 000789 BECKNELL, KENNETH OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89064 09/30/2022 011260 BELLOMY, MICHAEL OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 255.84 255.84 89065 09/30/2022 011261 BERRY, JOANN OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89066 09/30/2022 011262 BIZZLE, RALPH OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89067 09/30/2022 011263 BLACKWELL, JEAN K OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94

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Attachment: 093022 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - SEPTEMBER 30, 2022
89068 09/30/2022 011264 BOYD, JOYCE OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89069 09/30/2022 011265 BROWN, BARBARA L OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 153.53 153.53 89070 09/30/2022 000203 BROWN, MICHAEL OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89071 09/30/2022 011266 BUBIER, JEFFREY OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89072 09/30/2022 011267 BURCHETT, MARJORIE M. OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.25 232.25 89073 09/30/2022 000254 CALIBOSO, DANTE OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89074 09/30/2022 003513 CARDENAS, MICHAEL OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89075 09/30/2022 012351 CARTER, MARGARET OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 153.53 153.53 89076 09/30/2022 011269 CEDILLO, ROBERT L. OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89077 09/30/2022 011270 CHAVIRA, RUTH DIANE OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89078 09/30/2022 011513 COLE, STEPHEN OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89079 09/30/2022 011271 CONDER, LYNDA OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89080 09/30/2022 011272 COOPER, JAMES R. OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89081 09/30/2022 000395 CORDERO, JOHN ALLEN OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89082 09/30/2022 011891 CORDOVA, LAURIE OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 426.56 426.56 89083 09/30/2022 000401 COUSINO, JOANNE OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89084 09/30/2022 011319 CUNNINGHAM, KATHLEEN OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94

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Attachment: 093022 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - SEPTEMBER 30, 2022
89085 09/30/2022 011320 CURNUTTE, VELMA OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89086 09/30/2022 012180 DAHLEM, NANCY OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89087 09/30/2022 000443 DALE, LAWRENCE OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89088 09/30/2022 011892 DEWYER, ROBERTA OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 426.56 426.56 89089 09/30/2022 011274 DICKERSON, MARIAN OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89090 09/30/2022 011321 ERIKSEN, BETTY OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89091 09/30/2022 000573 ESPINOZA SR., ANDREW OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 401.00 401.00 89092 09/30/2022 002304 FLORES, DOROTHEA OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89093 09/30/2022 001451 FRANCIS, DIANA OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89094 09/30/2022 000619 FRANEY, MARK K. OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89095 09/30/2022 011275 GAZZAR, ALBERT OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89096 09/30/2022 000308 GENTRY, ANITA OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 145.65 145.65 89097 09/30/2022 000649 GERARDI, MARK OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 426.56 426.56 89098 09/30/2022 002279 GOMEZ, JOE D. NOV2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 426.56 426.56 89099 09/30/2022 012443 GORDON, TANYA OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89100 09/30/2022 012874 GRIEGO, IRMA OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 535.00 535.00 89101 09/30/2022 000861 HACKBARTH-MCINTYRE, JULIE OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89102 09/30/2022 000707 HARPOLE, RICHARD OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00

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Attachment: 093022 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - SEPTEMBER 30, 2022
89103 09/30/2022 011278 HAWES, DALLAS C OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89104 09/30/2022 004234 HERNANDEZ, MARJORIE OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 426.56 426.56 89105 09/30/2022 011279 HIBBETTS, ARTHUR OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89106 09/30/2022 011280 HIBBETTS, SHIRLEY OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89107 09/30/2022 000752 HIGGERSON, KIRTLEY I. OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 245.96 245.96 89108 09/30/2022 000944 HILL, LESLIE OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89109 09/30/2022 002137 HOWARD, LEE OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89110 09/30/2022 011596 HUNTER, MICHAEL P OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89111 09/30/2022 000844 JAMES, HERMINIA OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89112 09/30/2022 011282 JARMAN, JIMMIE OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89113 09/30/2022 011283 JONES, KIYOKO OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89114 09/30/2022 011285 KENNEDY, LORELLA OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 145.65 145.65 89115 09/30/2022 011286 KENNEDY, SANDRA OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89116 09/30/2022 011287 KERSTEN, PETER OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89117 09/30/2022 011288 KIRBY, STEPHEN C. OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89118 09/30/2022 002077 KLINGENBERG, BERNARD OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89119 09/30/2022 000898 KULSETH, MARLOWE K. OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89120 09/30/2022 011289 KURTH, ALVIN OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94

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Packet Pg. 32
Attachment: 093022 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - SEPTEMBER 30, 2022
89121 09/30/2022 000968 LINDLEY, JAMES N. OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89122 09/30/2022 011291 LOPEZ, BONI OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 255.84 255.84 89123 09/30/2022 011292 LOPEZ, DOROTHY A OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89124 09/30/2022 000998 MAESTAS, MARILYN OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89125 09/30/2022 001022 MAULDIN, MARK A. OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89126 09/30/2022 001037 MCMICHAEL, CAROLE OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 153.53 153.53 89127 09/30/2022 012547 MISCHEL, DONALD OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89128 09/30/2022 002439 MORRIS, VERNON OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89129 09/30/2022 011295 MOSER-MORRIS, PATRICIA J. OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89130 09/30/2022 002116 MURPHY, MARK OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 211.19 211.19 89131 09/30/2022 011236 NOTTINGHAM, HARLEY OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89132 09/30/2022 011299 PADDACK, RONALD OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89133 09/30/2022 011029 PELLMAN, CARROLL OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89134 09/30/2022 012331 PERALTA, TERRI OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89135 09/30/2022 012372 PINKUS, MARY OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 426.56 426.56 89136 09/30/2022 001254 PTAK, RICHARD A. OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89137 09/30/2022 001293 RAMIREZ JR., ALBERT OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00

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Packet Pg. 33
Attachment: 093022 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - SEPTEMBER 30, 2022
89138 09/30/2022 012417 RATELLE, MONA OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 153.53 153.53 89139 09/30/2022 011303 REED, SHIRLEY A. OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89140 09/30/2022 011304 REKWARD, RUSSELL OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89141 09/30/2022 001317 RILEY, JENNIFER OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89142 09/30/2022 011305 ROBERTSON, ROSE DALLEEN OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89143 09/30/2022 012573 RODRIGUEZ, CECILIA OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89144 09/30/2022 003628 ROWE, RICHARD OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 614.88 614.88 89145 09/30/2022 011308 SESSIONS, CAROL OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89146 09/30/2022 002409 SHIPLEY, ERNEST OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89147 09/30/2022 001439 SHIPLEY, LYNN OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89148 09/30/2022 001919 SHIPLEY, MIKE OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89149 09/30/2022 011309 SLUDER, DONNA OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 211.19 211.19 89150 09/30/2022 004235 SPILLER, WILLIAM OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89151 09/30/2022 000399 STAPP, MARY OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89152 09/30/2022 002094 STEWART, MICHAEL OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 279.57 279.57 89153 09/30/2022 011310 STOLTE, PATRICIA A. OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89154 09/30/2022 011763 TAN, LANNIO OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89155 09/30/2022 001578 THOMAS, JEFFERY OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 401.00 401.00

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Packet Pg. 34
Attachment: 093022 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - SEPTEMBER 30, 2022
89156 09/30/2022 001594 TORO, ALBERT OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89157 09/30/2022 011205 URTIAGA, EUGENE OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89158 09/30/2022 011893 VASQUEZ, MARK OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 426.56 426.56 89159 09/30/2022 000754 VOEGELI, CARMEN OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89160 09/30/2022 011313 WARREN, JIMMIE W. OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89161 09/30/2022 011314 WEBB, ELGENIA M. OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89162 09/30/2022 001686 WEEKS, KENNETH OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 305.10 305.10 89163 09/30/2022 012652 WILHELM, DENNIS OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89164 09/30/2022 011316 WILLETTE, RICHARD OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89165 09/30/2022 001698 WILLETTS, CHARLES OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89166 09/30/2022 004001 YAZZIE, VERNA OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 5.82 5.82 89167 09/30/2022 012156 ZAMORA, SR., RONALD OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89168 09/30/2022 012352 MASSIMINI, MICHAEL S. OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89169 09/30/2022 001455 SMITH, ERNEST OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89170 09/30/2022 003142 WEST, HOWARD OCT2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89171 09/30/2022 000017 A DOOR COMPANY 84484 APPARATUS BAY DOOR REPAIR @ FS366 Fire 1,125.00 1,125.00 89172 09/30/2022 004142 ALLSTAR FIRE EQUIPMENT 241863 STATION BOOTS (YOUNGER) Fire 610.00 1,968.38 STATION BOOTS (HARRELL) Fire 305.00
WILDLAND BOOTS (ATWELL) Fire 390.00

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Packet Pg. 35
Attachment: 093022 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - SEPTEMBER 30, 2022
241994 STATION BOOTS Fire 663.38
89173 09/30/2022 011490 BARNES, MARK oct2022 OCT 2022 HEALTH INSURANCE REIMBURSEMENT Fire 600.00 600.00 89174 09/30/2022 000140 BARSTOW HUMANE SOCIETY 092622 OCTOBER 2022 PAYMENT City 22,212.83 22,212.83 89175 09/30/2022 003363 D'ANDREA, PETER 092022 09/11/22 - 09/17/22 ADDP City 2,921.46 2,921.46 89176 09/30/2022 002044 DAPEER,ROSENBLIT & LITVAK LLP 20594 AUG 2022 LEGAL FEES -CODE ENFORCEMENT City 2,574.70 2,820.30 20595 08/26/22-08/31/22 LEGAL FEES City 245.60
89177 09/30/2022 002360 ELLIS FENCE CO, INC 7274 GATE REPAIR, REAR PARKING LOT -CITY HALL City 1,875.00 1,875.00 89178 09/30/2022 003916 ENVIRONMENTAL LOGISTICS M9842 INVOICE M9842 SERVICES RELATED TO City 7,046.52 8,455.82 20% ENVIRONMENTAL ENERGY CHARGE City 1,409.30
89179 09/30/2022 011712 FLYERS ENERGY LLC CFS-3127479 AUG16-31 FUEL -PD MEASURE Q City 4,426.87 23,380.34 AUG16-31 FUEL -PD City 7,651.05
CFS-3121636 AUG16-31 FUEL -FLEET MEASURE Q City 373.51
AUG16-31 FUEL -FLEET City 6,558.45
CFS-3121637 AUG16-31 FUEL -FIRE MEASURE Q City 858.29
AUG16-31 FUEL -FIRE Fire 2,646.20
CFS-3121629 AUG16-31 FUEL -WWTP City 865.97
89180 09/30/2022 012533 GIANT SERVICES INC. 6869 GIANT SERVICES STATION ALERTING AGENDA City 4,880.00 4,880.00 89181 09/30/2022 000696 H & B REFRIGERATION & SVC. CO. 40428 CHILLER REPAIR -CORA HARPER City 4,285.50 5,043.00 40627 BREAK RESET -HH COOLING TOWER City 592.50
36846 CHILLER REPAIR -HH City 165.00
89182 09/30/2022 000740 HI DESERT ALARM & FIRE INC. R84410 HD15053 HH MAIN AREA -OCT 2022 City 97.00 361.00 HD15054 HH STE 66 -OCT 2022 City 31.00
HD15055 HH FAA -OCT 2022 City 15.00
HD15056 500 MELISSA -OCT 2022 City 30.00
HD15057 2800 MAYOR KATY -OCT 2022 City 10.00
HD15058 CORP YARD -OCT 2022 City 43.00
HD15059 HH TRAIN -OCT 2022 City 31.00

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Packet Pg. 36
Attachment: 093022 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - SEPTEMBER 30, 2022
HD15060 YOUTH SNACKBAR -OCT 2022 City 32.00
HD15061 ADULT SNACKBAR -OCT 2022 City 32.00
HD15062 HH PAL CENTER-OCT 2022 City 40.00
89183 09/30/2022 012817 HIGH DESERT SUPPORT SERVICES 6065200-R8-00985 AUG 2022 IGSA BASE OPS City 708,694.21 899,598.65 6065372-R8-00985 JUNE-JULY 2022 IGSA BASE OPS TRANSITION City 63,816.83 6065113-R8-00985 AUG 2022 IGSA BASE OPS City 56,637.30
6065199-R8-00985 AUG 2022 IGSA BASE OPS ANNEX J City 48,859.24 6065193-R8-00985 AUG2022 IGSA MAILROOM SVCS City 21,591.07 89184 09/30/2022 012880 MAGNIFICENT JANITORIAL SERVICE 0918 JANITORIAL SERVICES City 4,800.00 4,800.00 89185 09/30/2022 004143 MCNELIS, JOHN SEPT2022 SEPT 2022 HEALTH INSURANCE REIMBURSEMENT Fire 600.00 600.00 89186 09/30/2022 012141 MESQUIT'S SUPPLY, LLC 00024899 JANITORIAL SUPPLIES City 371.65 1,297.71 00024900 JANITORIAL SUPPLIES City 287.74
00024907 JANITORIAL SUPPLIES City 203.35
00024906 JANITORIAL SUPPLIES City 145.55
00024905 JANITORIAL SUPPLIES City 145.55
00024901 JANITORIAL SUPPLIES City 143.87
89187 09/30/2022 000992 MOBILE OCCUPATION SERVICES INC 91821 PRE-EMPLOYMENT DRUG TEST City 85.00 175.00 PRE-EMPLOYMENT DRUG TEST City 90.00
89188 09/30/2022 011345 NAILON, JASON 0000345 FSPK22-0020 1ST/FINAL REVIEW City 255.00 467.50 0000344 FHDD-22-0001 FIRE REVIEW City 212.50
89189 09/30/2022 011608 NURSERY PRODUCTS LLC 32574 AUG 2022 BIOSOLIDS DISPOSAL City 3,918.46 3,918.46 89190 09/30/2022 012875 PETERSON, KOLBY 092022 09/04/22-09/17/22 ADPP PAYMENT City 1,366.50 1,366.50 89191 09/30/2022 001229 PHOENIX GROUP 082022121 AUGUST 2022 PARKING CITE PROCESSING City 150.00 150.00

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Packet Pg. 37
Attachment: 093022 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - SEPTEMBER 30, 2022
89192 09/30/2022 001396 SAN BERNARDINO COUNTY AUG2022 001029 AUG 2022 LANDFILL FEES ACCT 001029 City 81,434.75 83,670.28 AUG2022 1430 AUG 2022 LANDFILL FEES ACCT 001430 City 1,688.23 AGU2022 1159 AUG 2022 LANDFILL FEES ACCT 001159 (CORP City 547.30 89193 09/30/2022 001714 ZIEMER PLUMBING INC. 20955 URINAL FRAME KIT-CITY HALL City 152.40 247.40 20856 SNAKED SINK -FS 361 Fire 95.00
89194 09/30/2022 011210 2 HOT ACTIVEWEAR 4477 NEW HIRE UNIFORM FIRE -J. YOUNGER City 900.00 900.00 89195 09/30/2022 003229 AFLAC 856580 SEPT 2022 ADDITIONAL INSURANCE City 1,105.70 1,105.70 89196 09/30/2022 012773 ALLIED UNIVERSAL SECURITY SRVC 12217702 DEC 2021 TRANSPORT OFFICER SVCS City 5,992.88 5,992.88 89197 09/30/2022 012485 ARGSOFT GROUP LLC US-098056-01371 ARGENT YEARLY RENEWAL 080122-073123 City 2,000.00 4,746.00 ARGENT YEARLY RENEWAL 080122-073123 City 2,746.00
89198 09/30/2022 000903 ATKINSON,ANDELSON,LOYA 660203 LEGAL SERVICES Fire 16,823.10 16,823.10 89199 09/30/2022 003656 BABCOCK LABORATORIES INC CI20529-0032 MCLB LAB SERVICES City 1,064.56 1,210.10 CI20530-0032 PERMIT REQUIRED SAMPLING -WWTP City 145.54 89200 09/30/2022 012006 BILES, CHRISTOPHER 100555762 SAFETY BOOTS REIMBURSEMENT City 163.11 163.11 89201 09/30/2022 010975 BOOT BARN INV00192491 SAFETY BOOTS -J. BROWN City 225.00 746.97 INV00192490 SAFETY BOOTS -J. PUCKET City 173.99
INV00192489 SAFETY BOOTS -L ARCHER City 173.99
INV00192488 SAFETY BOOTS -J. ADAMS City 173.99
89202 09/30/2022 012916 BRC-EQUALS 3, INC. 092822 SECURITY DEPOSIT REIMBURSEMENT City 685.10 685.10 89203 09/30/2022 012586 BUCKNAM INFRASTRUCTURE GROUP 371-01.07R PAVEMENT MANAGEMENT PROGRAM City 9,020.90 9,020.90 89204 09/30/2022 012866 BUETER, RYAN M 092822 FINAL PAYMENT FOR 75TH CELEBRATION City 2,250.00 2,250.00

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Packet Pg. 38
Attachment: 093022 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - SEPTEMBER 30, 2022
89205 09/30/2022 002177 BURRTEC WASTE INDUSTRIES INC. 09272022 JUL/AUG 2022 RESIDENTIAL HAULER SVCS City 197,531.46 378,741.87 092722 AUGUST 2022 COMMERCIAL HAULER SVCS City 181,210.41 89206 09/30/2022 012871 CAL-STATE AUTO PARTS, INC. 231820 ROTOR PADS -PD UNIT 9114 City 220.53 870.43 231312 MOTOR MOUNTS TO KEEP IN SHOP City 176.33
231266 BATTERY -PD UNIT 9107 City 141.13
231593 BATTERY -FIRE UNIT 0301 Fire 111.07
231137 FRONT BRAKE PADS FOR STOCK City 104.72
889266 FRONT PADS FOR STOCK City 103.75
231188 A/C BLOWER SWITCH -WWTP City 26.22
29258 BATTERY -PD UNIT 9107 REFUND City (13.32)
89207 09/30/2022 012861 CAMARENA, JOHN 092822 FINAL PAYMENT FOR 75TH CELEBRATION City 1,000.00 1,000.00 89208 09/30/2022 003611 CAPTURE TECHNOLOGIES INC 77338 CAPTURE -YEARLY SUPPORT MAINTENANCE City 5,639.99 5,639.99 89209 09/30/2022 010905 CAROLLO ENGINEERS FB27439 AUG 2022 ENGINEERING SERVICES City 3,406.00 3,406.00 89210 09/30/2022 012757 CCI CHEMICAL 0405151-IN SEPTEMBER 2022 WATER - H.H. City 800.00 800.00 89211 09/30/2022 012860 CHARTER COMMUNICATIONS 8448410960085185 INFO TECH- T-1 INTERNET PROVIDER City 1,450.00 5,917.74 8448410960595878 SPORTSPARK EPL -SPORTSPARK SIDE City 788.37 8448410960562720 PEG CHANNEL 6 CITY SIDE City 513.23
8448410960563033 PEG CHANNEL 6 -SPECTRUM SIDE City 450.81 8448410960560088 CITY SIDE CIRCUIT TO POOL City 402.08
8448410960546079 POOL CIRCUIT TO CITY SIDE City 402.08
8448410960402836 FIRE STA 361, 861 BARSTOW RD Fire 125.89 FIRE STA 361, 861 BARSTOW RD City 164.46
8448410960363442 HARVEY HOUSE - INTERNET/PHONE SVC City 267.62 8448410960057689 PROF FIRE ASSOCIATION - FIRE DIST Fire 110.65

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Packet Pg. 39
Attachment: 093022 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - SEPTEMBER 30, 2022
PROF FIRE ASSOCIATION - FIRE DIST City 146.67
8448410960399453 HARVEY HOUSE - INTERNET City 219.99
8448410960265639 CITY HALL - CABLE SERVICES City 211.28 8448410960402851 PUBLIC WORKS - CABLE SERVICES City 148.15 8448410960348054 POLICE DEPT- MONTHLY BROADBAND City 139.99 8448410960402869 SPORTSPARK - CABLE SERVICES City 129.18 8448410960402893 PARK & REC - CABLE SERVICES City 127.07 8448410960402844 COMMUNITY CENTER - CABLE SERVICES City 120.22 89212 09/30/2022 011615 CINTAS CORPORATION #2 5124601494 FIRST AID SUPPLIES -WWTP City 182.97 182.97 89213 09/30/2022 001942 CLEMMER SERVICES I22813 A/C LEAK REPAIR -CORA HARPER City 208.50 208.50 89214 09/30/2022 002831 COMMERCIAL TRANSPORTATION SRV 3797 ENTRY LEVEL ONLINE TRAINING City 159.00 6,411.92 CLASS "B" TRAINING City 5,000.00
TIME AND TRAVEL FEES City 1,252.92
89215 09/30/2022 000459 DELOSS EQUIP RENTALS, T. E. 44783 SCAFFOLDING -HH LIGHT REPLACEMENT City 362.00 362.00 89216 09/30/2022 011896 DELTON, DONAVAN 092722 CLASS B DMV FEES/DOT PHYSICAL City 126.79 126.79 89217 09/30/2022 000476 DEPARTMENT OF JUSTICE 602049 AUGUST 2022 FINGERPRINTS City 958.00 1,327.00 AUGUST 2022 FINGERPRINTS City 145.00
AUGUST 2022 FINGERPRINTS City 96.00
AUGUST 2022 FINGERPRINTS City 128.00
89218 09/30/2022 012901 DESTINY RENTAL SERVICES 09282022 BALANCE FOT TENTS, TABLE AND CHAIRS City 2,817.50 2,817.50 89219 09/30/2022 012901 DESTINY RENTAL SERVICES 092822 VIP SEATING AREA City 1,863.97 1,863.97 89220 09/30/2022 010752 ENDURA STEEL 24624 SECURITY DOOR MATERIALS -PARKS City 317.52 317.52 89221 09/30/2022 012913 ENGLAND, BRETT 092722 PARAMEDIC LICENSE RENEWAL Fire 250.00 250.00 89222 09/30/2022 010727 FAMCON PIPE & SUPPLY INC. S100086449.001 6 MANHOLE KEYS -WWTP City 278.00 278.00

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Packet Pg. 40
Attachment: 093022 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - SEPTEMBER 30, 2022
89223 09/30/2022 000591 FEDERAL EXPRESS CORPORATION 7-878-35844 08/30/22 & 09/06/22 SHIPPING SERVICES City 143.07 189.39 7-884-80368 09/12/22 SHIPPING SERVICES City 46.32
89224 09/30/2022 011819 FIDELITY SECURITY LIFE 165465634 OCTOBER 2022 VISION INSURANCE City 1,519.29 1,519.29 89225 09/30/2022 000598 FIRST AMERICAN TITLE COMPANY 092122 920 KELLY/2074121/CHURCHILL City 116.18 116.18 89226 09/30/2022 011764 FRONTIER COMMUNICATIONS OF CA 255-2404 HARVEY HOUSE - ALARM LINES City 187.63 435.14 209-148-0720 INFORMATION TECHNOLOGY City 131.16
256-0216 PARK & REC City 72.24
255-2047 POLICE DEPT - MELISSA ST ANNEX FAX City 44.11
89227 09/30/2022 012865 GONZALEZ, RAUL 092822 FINAL PAYMENT 75TH CELEBRATION FOOD City 10,250.00 10,250.00 89228 09/30/2022 004230 GUARDIAN OCT2022 GUARDIAN INSURANCE City 14,587.58 14,587.58 89229 09/30/2022 012888 H PRO EVENTS LLC 092822 FINAL PAYMENT FOR 75TH CELEBRATION City 8,150.00 8,150.00 89230 09/30/2022 004325 HANK DYER ELECTRIC 2098 EMERGENT UFD REPAIR City 1,700.00 1,700.00 89231 09/30/2022 000726 HEART PLUMBING 86101 SNAKED KITCHEN SINK -FS366 Fire 82.00 82.00 89232 09/30/2022 012862 HENDLEY, ALEXANDRA 080322 PHOTOBOOTH 75TH CELEBRATION City 2,100.00 2,100.00 89233 09/30/2022 011421 HERITAGE VICTOR VALLEY MED GR 2558 PRE-EMEPLOYMENT PHYSICAL -FIRE Fire 1,958.00 1,958.00 89234 09/30/2022 011363 HIGH DESERT SIGNS 1785 75TH EVENT BANNERS City 1,402.88 1,402.88 89235 09/30/2022 012864 HIREUAVPRO.COM LLC 092822 FINAL PAYMENT FOR 75TH CELEBRATION City 8,750.00 8,750.00 89236 09/30/2022 000751 HI-WAY SAFETY INC. 133879 PAINT FOR STREET SIGNS City 959.62 959.62 89237 09/30/2022 012892 JOHN'S PLUMBING & ROOTER CORP 15511 REPAIRED AND SODDED BOOSTER PUMP City 3,200.00 3,200.00

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Packet Pg. 41
Attachment: 093022 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - SEPTEMBER 30, 2022
89238 09/30/2022 003378 JON'S FLAGS & POLES INC. F86885 75TH CELEBRATIONS US & MILITARY FLAGS City 437.18 437.18 89239 09/30/2022 000961 LIEBERT, CASSIDY & WHITMORE 225008 AUG 2022 LEGAL SERVICES City 793.50 1,248.50 219240 MAY 2022 LEGAL SERVICES City 455.00
89240 09/30/2022 012163 MACLEOD WATTS, INC. 091522BARST FY22 OPEB VALUATION/COB/GASB75 City 8,150.00 8,150.00 89241 09/30/2022 012769 MARTINEZ, FIDEL 09282022 LODGING/MEALS -INSPECTOR CLASS City 1,071.06 1,312.06 092722 BUILDING INSPECTOR CERTIFICATION City 241.00
89242 09/30/2022 003841 MOTOROLA SOLUTIONS, INC. 16189435 RADIOS FOR 3 BASE STATIONS City 19,888.96 19,888.96 89243 09/30/2022 011565 OFFICE SOLUTIONS, LLC I-02044923 STAMP FOR RECORDS -PD City 52.20 52.20 89244 09/30/2022 001166 OSBORNE PIPE & SUPPLY INC, G A 101-55304-01 AMERICAN FLAGS City 1,060.69 1,060.69 89245 09/30/2022 001234 PITNEY BOWES, INC. 3105652515 07/30/22-09/29/22 POSTAGE METER LEASE City 815.33 815.33 89246 09/30/2022 001244 PRINT N PLAY 092122 75TH CELEBRATION HATS City 3,643.13 6,214.52 092622 VOLUNTEER T-SHIRTS FOR CLEANUP DAY City 187.50
VOLUNTEER T-SHIRTS FOR CLEANUP DAY City 437.50
VOLUNTEER T-SHIRTS FOR CLEANUP DAY City 437.50
VOLUNTEER T-SHIRTS FOR CLEANUP DAY City 145.00
SETUP FEE FOR SCREENS City 219.84
092622 KIDDIE SOCCER SHIRTS City 1,144.05
89247 09/30/2022 002663 PRINTING SOLUTIONS 22831 75TH CELEBRATION POSTERS City 254.89 254.89 89248 09/30/2022 010926 RICOH USA INC. 5065470176 PRINTER SUPPLIES 083122 READ Fire 238.29 238.29 89249 09/30/2022 002958 RIO HONDO COLLEGE F22-32-ZBST DE-ESCALATION TRAINING -PD City 416.00 416.00 89250 09/30/2022 011124 SAN BERNARDINO - HR, COUNTY OF em002082 PRE-EMPLOYMENT PHYSICAL City 781.58 1,172.75 EM002012 PRE-EMPLOYMENT PHYSICAL City 391.17

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Packet Pg. 42
Attachment: 093022 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - SEPTEMBER 30, 2022
89251 09/30/2022 000814 SAN BERNARDINO COUNTY 27616 JULY 2022 RADIO ACCESS MAINTENANCE -FIRE Fire 2,501.48 2,501.48 89252 09/30/2022 000409 SAN BERNARDINO, COUNTY OF AUGUST2022 AUGUST 2022 COUNTY COURT FEES City 76.50 76.50 89253 09/30/2022 004125 SBCERA 092622 09/04/22-09/17/22 RETIREMENT -FIRE Fire 62,351.86 62,351.86 89254 09/30/2022 003560 SCHOOLER, DEANNA 092122 CSI ADVANCED PHOTOGRAPHY COURSE City 177.58 177.58 89255 09/30/2022 001447 SILVER VALLEY PROPANE, INC. 42406 MCLB PROPANE SERVICES City 1,690.26 2,546.54 42439 MCLB PROPANE SERVICES City 635.04
42407 MCLB PROPANE SERVICES City 141.86
42408 MCLB PROPANE SERVICES City 79.38
89256 09/30/2022 001476 SOUTHERN CALIFORNIA EDISON CO 8000251338 HARVEY HOUSE - 685 N 1ST AVE #HM City 4,292.27 10,831.53 700367050468 VARIOUS TRAFFIC SIGNALS City 1,355.76
8004336313 HARVEY HOUSE - 685 N 1ST ST City 1,191.60
700350507019 HARVEY HOUSE- 685 N 1ST AVE #E City 59.99
HARVEY HOUSE - 685 N 1ST AVE #F City 638.38
HARVEY HOUSE - 685 N 1ST AVE #C City 126.33
8002216730 HARVEY HOUSE- 685 N 1ST AVE #D City 769.34
8002575020 HARVEY HOUSE -ROUTE 66 MUSEUM City 740.29
8002783603 HARVEY HOUSE - 685 N 1ST AVE, #MA City 382.50 8004520184 HARVEY HOUSE - 685 N 1ST AVE #PL City 357.23 8002564298 HARVEY HOUSE - 685 FIRST ST #H City 315.57
8002564791 HARVEY HOUSE - 685 1ST AVE #I City 154.10
8000833030 CORPORATION YARD City 143.53
8003084860 HARVEY HOUSE - 685 N 1ST AVE, #PN City 134.73 8003543204 TRAFFIC SIGNALS - MAIN & 2ND City 72.80
700448629993 LANDSCAPE -72 TRINITY City 19.47
LANDSCAPE -2001 NELSON AVE City 19.47

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Packet Pg. 43
Attachment: 093022 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - SEPTEMBER 30, 2022
700499146381 800 BARSTOW RD -TENNIS COURTS City 20.29
8004459516 HARVEY HOUSE - 685 N 1ST AVE City 20.03
700014422227 HOLIDAY LIGHTING-540 1/2 W MAIN ST City 17.85 89257 09/30/2022 001482 SOUTHWEST GAS CORP. 910000543236 FIRE DIST361 - 861 BARSTOW RD Fire 211.62 560.63 910000784754 CORPORATION YARD City 98.13
910000625294 FIRE DIST 363 - 2600 W MAIN ST Fire 67.11
910000543237 COMMUNITY CENTER City 51.07
910000105833 CITY HALL City 28.55
910000001867 WWTP- 2200 RIVERSIDE DR City 20.03
910000625200 SPORTSPARK UNIT #1 City 18.97
910000625179 HARVEY HOUSE- 685 N 1ST AVE City 16.93
910000345965 JASPER FIRE DEPT BUILDING City 14.04
910000561911 JASPER PARK BUILDING City 12.00
910000303011 DANA PARK BUILDING City 11.00
910000625197 SPORTSPARK City 11.00
910000769274 PD ANNEX -500 MELISSA City 0.18
89258 09/30/2022 001487 SPARKLE AUTO LAUNDRY 3836 AUGUST 2022 CAR WASHES 51 -PD City 611.49 611.49 89259 09/30/2022 012760 TELEFLEX LLC 9505864452 EZ-IO 25MM NEEDLES Fire 1,794.38 2,769.87 9505864449 EZ-IO POWER DRIVER Fire 975.49
89260 09/30/2022 001862 TERMINIX PROCESSING CENTER 424294079 AUGUST 2022 PEST CTL -PD ANNEX City 68.00 68.00 89261 09/30/2022 011094 TRIMAX SYSTEMS INC 0030944-IN SCADA SERVICE PLAN. SOLE SOURCE City 1,843.52 1,843.52 89262 09/30/2022 012175 UNIFIRST CORPORATION 3251847642 UNIFORM SERVICES -WWTP City 214.46 327.98 325-1845073 UNIFORM SERVICES -WWTP City 113.52

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Packet Pg. 44
Attachment: 093022 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - SEPTEMBER 30, 2022
89263 09/30/2022 001655 VICTOR VALLEY TRANSIT AUTH 019214 AUGUST 2022 CNG FUEL City 15.07 15.07 89264 09/30/2022 012898 VICTORVILLE MOTORS 2022555 ADMIN VEHICLE 2022 DURANGO -PD City 53,885.13 53,885.13 89265 09/30/2022 004137 WESTERN EXTERMINATOR CO. 26183743 AUG 2022 PEST CONTROL -FS361 Fire 82.30 147.70 26183744 AUG 2022 PEST CONTROL -FS366 Fire 65.40
89266 09/30/2022 012784 WIRELESS CCTV LLC 092622 WCCTV CAMERA PACKAGE City 15,100.00 18,910.18 WCCTV CAMERA PACKAGE City 3,810.18
AGENCY TOTAL 1,884,809.61 1,884,809.61
City 1,788,204.23
Fire 96,605.38
Successor Agency -
1,884,809.61

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Packet Pg. 45
Attachment: 093022 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total 837 10/14/2022 001257 PUBLIC EMP RETIREMENT SYSTEM 100000016939011 OCT 2022 HEALTH INSURANCE -FIRE Fire 27,190.74 27,190.74 838 10/14/2022 001257 PUBLIC EMP RETIREMENT SYSTEM 100000016938996 OCT 2022 HEALTH INSURANCE -CITY City 122,567.70 122,567.70 839 10/14/2022 001478 GOLDEN STATE WATER COMPANY 14719300007 1601 RIMROCK RD- 4" METER City 13,116.33 15,578.96 05114100000 681 N 1ST AVE - 2" METER City 1,242.40
07632635475 200' WEST OF HIGGINS - 1" METER City 759.48 39285400006 LNWD RD/HIGHPOINT LANDSC- 2" METER City 398.40 36921100008 1801 E MAIN ST City 62.35
89267 10/14/2022 002064 A 2 Z LOCK & SECURITY 22413 OCTOBER 2022 CAMERA MAINTENANCE City 166.60 1,000.00 OCTOBER 2022 CAMERA MAINTENANCE City 166.60
OCTOBER 2022 CAMERA MAINTENANCE City 166.60
OCTOBER 2022 CAMERA MAINTENANCE City 166.60
OCTOBER 2022 CAMERA MAINTENANCE City 166.60
OCTOBER 2022 CAMERA MAINTENANCE Fire 167.00
89268 10/14/2022 012530 ACTIVE NETWORK, LLC 4100175166 SEPTEMBER 2022 SERVICES City 375.00 1,125.00 4100175167 OCTOBER 2022 SERVICES City 375.00
4100175285 NOVEMBER 2022 SERVICES City 375.00
89269 10/14/2022 000141 BARSTOW INDUSTRIAL SUPPLY CO. 84885 MARKING PAINT -BUILDING INSPECTORS City 25.83 43.05 84800 SPRAY PAINT -BUILDING INSPECTORS City 17.22
89270 10/14/2022 011651 BOURGEOIS, NICOLE 100422 SEPT 2022 CHEER CLASSES City 840.00 840.00 89271 10/14/2022 003363 D'ANDREA, PETER 101122 10/02/22-10/15/22 ADPP City 1,947.64 1,947.64 89272 10/14/2022 012592 DELUCAS, JUANANTONIO T 100422 09/12/22 PLANNING COMM. MEETING City 100.00 100.00 89273 10/14/2022 000865 DOS COSTAS COMMUNICATIONS CORP 22090033 SEPTEMBER 2022 ADS City 1,500.00 1,500.00 89274 10/14/2022 004284 ENTERPRISE FLEET MANAGEMENT OCT2022 MONTHLY LEASE GENERAL FUND City 9,047.48 27,510.22 MONTHLY LEASE POLICE City 6,243.78
MONTHLY LEASE MEASURE Q City 8,208.00
MONTHLY LEASE FIRE MEASURE Q City 1,445.46
MONTHLY LEASE FIRE Fire 54.84

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - OCTOBER 14, 2022

Page 1 of 13 ends

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Packet Pg. 46
Attachment: 101422 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - OCTOBER 14, 2022
MONTHLY LEASE WASTEWATER City 2,510.66
89275 10/14/2022 010834 FASTENAL CAVIC85245 SHOP SUPPLIES/TOOLS -WWTP City 1,438.78 1,438.78 89276 10/14/2022 011712 FLYERS ENERGY LLC CFS-3180099 SEPT 16 -30 FUEL -PD MEASURE Q City 3,886.50 40,363.21 SEPT 16 -30 FUEL -PD City 6,949.88
CFS-3157141 SEPT 01 - 15 FUEL -PD MEASURE Q City 4,654.18 SEPT 01 - 15 FUEL -PD City 5,396.94
CFS-3173277 SEPT 16 -30 FUEL -FLEET MEASURE Q City 120.70 SEPT 16 -30 FUEL -FLEET City 6,033.44
CFS-315162 FUEL -FLEET MEASURE Q City 48.50
SEPT 01 - 15 FUEL -FLEET City 5,872.36
CFS-3151963 SEPT 01 - 15 FUEL -FIRE MEASURE Q City 605.82 SEPT 01 - 15 FUEL -FIRE Fire 2,451.18
CFS-3173740 FUEL -FIRE MEASURE Q City 523.26
SEPT 16 -30 FUEL -FIRE Fire 2,455.69
CFS-3174251 SEPT 16 -30 FUEL -WWTP City 859.48
CFS-3151961 SEPT 01 - 15 FUEL -WWTP City 505.28
89277 10/14/2022 012554 GROUP, INC., GLOBAL STRATEGIES MEDIA 005 COMMUNITY SERVICE OUTREACH City 722.50 722.50 89278 10/14/2022 000696 H & B REFRIGERATION & SVC. CO. 40299 REPAIRED SWAMP COOLERS AT FS361 Fire 1,809.56 1,809.56 89279 10/14/2022 012599 LOCAL EQUITY, LLC 9022022 SEPTEMBER 2022 SERVICES City 6,000.00 12,000.00 1032022 OCTOBER 2022 SERVICES City 6,000.00
89280 10/14/2022 012880 MAGNIFICENT JANITORIAL SERVICE 1402 OCT 01-14 CLEANING SERVICES City 2,400.00 2,400.00 89281 10/14/2022 001040 MERRELL-JOHNSON ENGINEERING IN 2089187004 VESTING TRACT 17713/CORNERSTONE City 16,091.00 31,391.63 E20223132 AUG 2022 ENGINEERING CONSULTANT SVCS City 13,201.38 2089185004 AUG 2022 ENGINEERING TPM PRCP City 881.00
E20223133 1ST AVE BRIDGE ENGINEERING City 605.00
E20223124 1301 E MAIN ST PLAN REVIEW City 275.00
E20223136 SPANISH TRAIL AMENDMENT City 159.50

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Packet Pg. 47
Attachment: 101422 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - OCTOBER 14, 2022
E20223137 MS4 PERMIT COMPLIANCE City 110.00
E20223126 AUG 2022 1301 E MAIN ST PLAN REVIEW City 68.75 89282 10/14/2022 000992 MOBILE OCCUPATION SERVICES INC 92088 PRE-EMPLOYMENT DRUG TEST City 105.00 190.00 PRE-EMPLOYMENT DRUG TEST City 85.00
89283 10/14/2022 012604 MORALES JR., MIGUEL ANTONIO 100422 09/12/22 PLANNING COMM. MEETING City 100.00 100.00 89284 10/14/2022 011345 NAILON, JASON 0000357 BCAD-22-0025 FIRE REVIEW City 255.00 1,742.50 0000358 BCAD-22-0022 FIRE REVIEW City 255.00
0000356 BCAD-22-0023 FIRE REVIEW City 255.00
0000359 BCAD-22-0021 FIRE REVIEW City 255.00
0000346 BCAD-22-0024 FIRE REVIEW City 255.00
0000347 BCAD-22-0018 FIRE REVIEW City 255.00
0000348 BCAD-22-0026 FIRE REVIEW City 212.50
89285 10/14/2022 012875 PETERSON, KOLBY 101122 10/02/22-10/15/22 ADPP City 1,366.50 2,733.00 10052022 09/18/22 - 10/01/22 ADPP City 1,366.50
89286 10/14/2022 004206 ROSS, RICHARD OCT2022 OCT 2022 HEALTH INSURANCE REIMB Fire 600.00 600.00 89287 10/14/2022 004876 SHREDYOURDOCS.COM 10900 RECORDS DESTRUCTION 09/20/22 City 860.00 993.50 10927 SEPT 2022 SHRED SERVICES City 96.00
SEPT 2022 SHRED SERVICES City 37.50
89288 10/14/2022 011817 SOFTWARE ONE, INC US-PSI-1246616 MICROSOFT EA ENROLLMENT City 33,407.28 33,407.28 89289 10/14/2022 012632 SPECPRO PROFESSIONAL SERVICES INV-0001948986 08/28/22-09/27/22 ANIMAL CONTROL City 38,360.82 38,360.82 89290 10/14/2022 004080 SYSCO RIVERSIDE INC 320879364 SNACK BAR ITEMS -SPORTS PARK City 568.80 568.80 89291 10/14/2022 011210 2 HOT ACTIVEWEAR 4641 NEW EMP. UNIFORM -KOVSHILOVSKI City 650.96 797.76 4671 NEW EMP. UNIFORM -KOVSHILOVSKI City 146.80

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Packet Pg. 48
Attachment: 101422 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - OCTOBER 14, 2022
89292 10/14/2022 012920 AGUAYO, JUSTINA 101122022 CSI TRAINING IN GARDEN GROVE CA City 272.58 272.58 89293 10/14/2022 012773 ALLIED UNIVERSAL SECURITY SRVC 13213033 AUGUST 2022 TRANSPORT OFFICERS City 12,170.81 12,170.81 89294 10/14/2022 012742 AMERICAN BUSINESS BANK 9 PACIFIC HYDRO TECH RETENTION INV #9 City 19,399.75 19,399.75 89295 10/14/2022 003231 ARAMARK UNIFORM SERVICES 5880103845 MATS AND MOP SVCS -COMMUNITY CTR City 59.63 178.89 5880108590 MATS AND MOP SVCS -COMMUNITY CTR City 59.63
5880097712 MATS AND MOP SVCS -COMMUNITY CTR City 59.63
89296 10/14/2022 012414 ARC DOCUMENT SOLUTIONS LLC B22997 06/30/22-09/30/22 PRINTER METER READ City 82.76 82.76 89297 10/14/2022 012921 ARMANI, ROBERT 101122 PARAMEDIC LICENSE RENEWAL Fire 320.00 320.00 89298 10/14/2022 012415 ATWELL, THOMAS 100622 DRIVER OPERATOR 1B CERTIFICATE Fire 600.00 600.00 89299 10/14/2022 012234 AVCOM SERVICES, INC 22136 QUARTERLY ALARM -SPORTS PARK City 180.00 180.00 89300 10/14/2022 011960 AXON ENTERPRISE INC. INUS103804 AXON RENEWAL City 16,722.00 16,722.00 89301 10/14/2022 012912 BADGE FRAME, INC. 39837 BARSTOW POLICE RECORDS BUREAU LETTERS City 913.72 913.72 89302 10/14/2022 000165 BEAR VALLEY PARTY RENTALS 1-96099 HELIUM TANK -75TH EVENT City 311.88 311.88 89303 10/14/2022 000186 BIO-TOX LABORATORIES 43296 AUG 2022 LAB SCREENING SERVICE City 1,625.00 1,625.00 89304 10/14/2022 012085 BRAND JR., RODNEY 100422 09/12/22 PLANNING COMM. MEETING City 100.00 200.00 100522 09/26/22 PLANNING COMM. MEETING City 100.00
89305 10/14/2022 002177 BURRTEC WASTE INDUSTRIES INC. SEPT2022 SEPT 2022 ORGANICS PROCESSING City 7,106.38 7,106.38 89306 10/14/2022 004109 CALPERS LONG TERM CARE PROGRAM 14611152 NOV 2022 LT CARE PROGRAM -ROWE City 1,238.25 1,238.25 89307 10/14/2022 012871 CAL-STATE AUTO PARTS, INC. 916309 PAD KITS FOR STOCK City 311.26 1,463.82

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Packet Pg. 49
Attachment: 101422 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - OCTOBER 14, 2022
232425 BATTERY PD UNIT 9108 City 302.99
233013 PAD KITS FOR STOCK City 266.92
232895 MOTOR MOUNTS City 176.33
232719 CAR BATTERY -PD UNIT 9103 City 124.85
232202 FLEET VEH 8624 BATTERY City 111.07
232936 PAD KITS FOR STOCK City 104.72
232179 AIR FILTERS City 47.48
232678 EVAP PURE SOLENOID -PD UNIT 9091 City 39.63
232236 EXTRA KEYS -FIRE 308 Fire 31.86
29394 CREDIT FOR BATTERY PD UNIT 9108 City (53.29)
89308 10/14/2022 012615 CENTRALSQUARE TECHNOLOGIES 364477 ANNUAL SUBSCRIPTION FEE City 1,265.61 1,265.61 89309 10/14/2022 012860 CHARTER COMMUNICATIONS 8448410960595886 SPORTSPARK EPL -CITY SIDE City 520.00 3,011.54 8448410960545873 CORP YARD TO CITY HALL FIBER CONNECTION City 504.24 8448410960560070 CORP YARD CIRCUIT -CITY HALL SIDE City 504.24 8448410960545915 FIRE 3 TO CITY HALL CIRCUIT City 402.08 8448410960545865 CITY HALL TO FIRE 3 CIRCUIT City 402.08 8448410960551319 PARK AND REC TEEN CENTER WIFI City 367.97 8448410960255887 CITY HALL CABLE SERVICES City 238.22
8448410960402828 POLICE DEPT - CABLE SERVICES City 72.71 89310 10/14/2022 012914 CIVICPLUS, LLC 235129 MUNICODE ADMIN SERVICES City 1,250.00 1,250.00 89311 10/14/2022 012570 COMMUNITY BANK OF SANTA MARIA 10122022 HOLMAN CAPITAL EQUIPMENT LEASE -FIRE City 83,601.48 83,601.48 89312 10/14/2022 003270 CORELOGIC INFORMATION SOL INC. 30631578 SEPTEMBER 2022 SERVICES City 400.00 2,000.00 SEPTEMBER 2022 SERVICES City 400.00
SEPTEMBER 2022 SERVICES City 400.00
SEPTEMBER 2022 SERVICES City 400.00
SEPTEMBER 2022 SERVICES Fire 400.00

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Packet Pg. 50
Attachment: 101422 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - OCTOBER 14, 2022
89313 10/14/2022 000400 COUNSELING TEAM, THE 83802 SEPT 2022 EMPLOYEE SUPPORT City 150.00 750.00 SEPT 2022 EMPLOYEE SUPPORT City 450.00
SEPT 2022 EMPLOYEE SUPPORT Fire 150.00
89314 10/14/2022 000415 CPCA 100622 2023 TRAINING SYMPOSIUM -LT. BENITEZ City 825.00 825.00 89315 10/14/2022 000415 CPCA 10062022 CPCA MEMBERSHIP RENEWAL -LT. BENITEZ City 145.00 145.00 89316 10/14/2022 000248 CT SALES DISCOUNT AUTO PARTS 153298-1 FRONT STRUTS -PD UNIT 9108 City 519.80 2,262.84 153086-1 CONTROL ARMS -PD UNIT 9091 City 370.95
154466-1 FILTERS AND ROTORS City 282.34
154244-1 WIPER BLADES -PD UNIT 9091 City 188.58
153151-1 REAR ROTORS City 172.35
154103-1 DOOR WINDOW SWEEPS -FLEET 8426 City 124.77
153147-1 FILTERS/COOLANT City 102.80
154391-1 FRONT BRAKE PADS -FLEET UNIT 8621 City 78.96
153991-1 BRAKE PADS -WWTP UNIT 8439 City 74.72
153912-1 ALTERNATOR BELTS -FIRE UNIT 328 Fire 67.25
153938-1 OIL FILTERS City 46.00
153089-1 CABIN FILTER/WIPERS -UNIT 8599 City 43.18
153588-1 JETTER WWTP UNIT 7554 City 41.37
154249-1 CONSUMABLES -WD40/LUBRICANT City 37.39
154047-1 SERPENTINE BELTS -PD UNIT 9103 City 33.27
154463-1 CONSUMABLES -BRAKE GREASE City 21.79
153284-1 HYDRAULIC FILTERS City 17.02
154423-1 FRONT TURN SIGNAL LIGHT SOCKET -PD9091 City 16.97 154213-1 ALTERNATOR BELT -FLEET 7543 City 15.73
154456-1 CONSUMABLES -WIRE BRUSHES City 7.60
89317 10/14/2022 000455 DELL MARKETING LP. 10617173975 MONITOR REPLACEMENT City 2,427.87 3,612.32

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Packet Pg. 51
Attachment: 101422 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - OCTOBER 14, 2022
10605606350 HUB MONITOR City 942.96
10614961880 SUPPLIES FOR I.T City 241.49
89318 10/14/2022 000500 DESERT VALLEY MEDICAL GROUP 11830 PRE-EMPLOYMENT PHYSICAL City 206.00 206.00 89319 10/14/2022 000591 FEDERAL EXPRESS CORPORATION 7-892-10553 09/13 &09/19-09/20 SHIPPING SERVICES City 132.24 276.69 7-907-00645 10/13/22-10/14/22 SHIPPING SERVICES City 90.81 7-899-68147 09/26/22 SHIPPING SERVICES City 53.64
89320 10/14/2022 003224 FLORES, ANDREA 10122022 TRANSPORTATION LEAGUE OF CA CITIES City 247.36 348.61 101222 MILEAGE REIMB TTC RIVERSIDE City 101.25
89321 10/14/2022 011764 FRONTIER COMMUNICATIONS OF CA 209-190-0052-041597 FIRE DIST- 861 BARSTOW RD Fire 1,643.00 6,233.17 209-190-0052-041597 FIRE DIST- 861 BARSTOW RD Fire 1,614.45 256-3531 CENTRAL SERVICES - CITY MAIN LINE City 1,027.99 256-2211 POLICE DEPT City 503.19
256-7571 DISASTER PREP City 324.45
252-2538 WWTP- 2200 RIVERSIDE DR City 150.18
256-1750 COMPUTER ROOM FAX City 139.30
256-5621 COMMUNITY CENTER FAX LINE City 134.17
256-6740-092419-5 DISPATCH TROUBLESHOOT TICKET City 128.55 209-148-0922-061587 CORPORATION YARD City 84.64
256-4472 CITY MANAGER'S FAX City 78.19
256-7340 HENDERSON POOL City 71.15
256-3213 PUBLIC WORKS FAX LINE City 67.95
256-2069 HARVEY HOUSE - DEDICATED LINE City 60.32
252-8789 SPORTSPARK - SNACK BAR City 56.37
256-8749 FLEET City 51.03
256-0369 PARK MAINTENANCE FAX LINE City 51.03

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Packet Pg. 52
Attachment: 101422 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - OCTOBER 14, 2022
256-1528 FINANCE FAX LINE City 47.21
89322 10/14/2022 012922 GATEHOUSE MEDIA CA HOLDINGS 2206-0004175 JUNE 2022 NOTICES City 3,216.88 16,143.99 JUNE 2022 PLANNING COMM NOTICES City 269.74
0004844153 AUG 2022 ORDINANCE NOTICES City 2,663.28
2203-0004175 MARCH 2022 COUNCIL NOTICES City 1,363.27
MARCH 2022 PLANNING COMM NOTICES City 743.06
2205-00004175 MAY 2022 COUNCIL PUBLICATIONS City 1,194.79 MAY 2022 PLANNING COMM NOTICES City 841.87
2201-00004175 JAN 2022 PUBLICATIONS City 1,832.55
2204-00004175 APRIL 2022 COUNCIL PUBLICATIONS City 1,071.41 APRIL 2022 PLANNING COMM NOTICES City 599.15
2202-00004175 FEB 2022 NOTICES City 1,362.74
2112-00004175 DEC 2021 PLANNING COMM NOTICES City 985.25 89323 10/14/2022 012162 GOVERNMENT TAX SEMINARS, LLC 0022134 2022 GOVERNMENTAL TAX WEBINAR City 475.00 475.00 89324 10/14/2022 002325 HACH COMPANY 13254220 ANALYZER SERVICE AND RTC SUPPORT City 27,265.95 27,265.95 89325 10/14/2022 012902 HERNANDEZ, MARIBEL 101122 VVTA MEETING/75H HH DECORATIONS City 16.67 174.29 VVTA MEETING/75H HH DECORATIONS City 157.62
89326 10/14/2022 012917 HIDALGO, GABRIELA 092822 CORA HARPER SECURITY DEPOSIT City 500.00 500.00 89327 10/14/2022 011363 HIGH DESERT SIGNS 1792 VINYL BADGE & BLOCK LETTERS City 54.38 54.38 89328 10/14/2022 000584 HIGHWAY RADIO 6415-2 75TH ANNIVERSARY ADS City 105.00 210.00 6416-2 75TH ANNIVERSARY ADS City 105.00
89329 10/14/2022 000751 HI-WAY SAFETY INC. 134272 BITUMINOUS MATERIAL City 1,344.07 1,344.07 89330 10/14/2022 003791 INCONTACT 7161849 08/21/22-09/20/22 LONG DIST SVCS City 416.71 416.71 89331 10/14/2022 012576 INFOSEND, INC. 221395 SEPT 2022 UB PRINT/MAIL SERVICES City 1,389.86 4,412.90 SEPT 2022 UB PRINT/MAIL SERVICES City 1,389.87

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Packet Pg. 53
Attachment: 101422 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - OCTOBER 14, 2022
SEPT 2022 UB PRINT/MAIL SERVICES City 521.33
SEPT 2022 UB PRINT/MAIL SERVICES City 1,111.84
89332 10/14/2022 012704 INSURANCE COMPANY, COLONIAL LIFE & ACCIDENT 57110640909635 SEPT 2022 COLONIAL INSURANCE City 2,535.78 2,535.78 89333 10/14/2022 012867 J & S SPECIALTIES 101222 75TH EVENT VOLUNTEER LUNCH City 1,250.00 1,250.00 89334 10/14/2022 003378 JON'S FLAGS & POLES INC. F87026 PRE-EMPLOYMENT DRUG TEST City 305.05 305.05 89335 10/14/2022 011867 KCARDS OF CALIFORNIA 100422 POSTCARDS -HARVEY HOUSE City 63.00 63.00 89336 10/14/2022 012486 LANAIR GROUP, LLC 67065 PROTECT AND MANAGE YEARLY RENEWAL City 3,600.00 7,200.00 PROTECT AND MANAGE YEARLY RENEWAL City 3,600.00
89337 10/14/2022 000954 LEXIS-NEXIS 1439264-20220930 SEPT2022 DETECTIVE RESEARCH City 498.32 498.32 89338 10/14/2022 004141 LIFE ASSIST INC. 1255757 MEDICAL SUPPLIES City 3,564.17 3,789.77 1255684 MEDICAL SUPPLIES City 225.60
89339 10/14/2022 011060 LINT, BEATRICE G. 100422 09/12/22 PLANNING COMM. MEETING City 100.00 200.00 100522 09/26/22 PLANNING COMM. MEETING City 100.00
89340 10/14/2022 012163 MACLEOD WATTS, INC. 100522bfpd FIRE OPEB VALUATION FY21 Fire 4,300.00 4,300.00 89341 10/14/2022 012397 MASTERS REFRESHMENT SERVICES 101222 REPLACEMENT BOTTLED WATER FOR SOAPMINE City 644.50 644.50 89342 10/14/2022 001103 NAPA AUTO PARTS OF BARSTOW 841435 RADAR TRAILER BATTERIES -PD9095 City 1,353.71 2,882.42 841823 WIPER BLADES, BRAKES, BELTS FOR STOCK City 385.32 842357 RADIATOR -PD UNIT 9060 City 273.79
842377 STOCK ANTIFREEZE City 220.98
841684 DUAL FAN ASSEMBLY City 175.62
841606 ALTERNATOR BELT -FIRE 328 Fire 107.65
841238 STOCK DIESEL EXHAUST FLUID City 86.95
842263 STOCK DIESEL EXHAUST FLUID City 86.95

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Packet Pg. 54
Attachment: 101422 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - OCTOBER 14, 2022
841165 BALANCE BEADS -FIRE 331 Fire 82.17
841949 WINDOW REGULATOR -FLEET 8418 City 77.47
841536 PD DIRT BIKE BATTERY City 76.33
841452 WIPER BLADES -FIRE 327 Fire 23.03
841408 WWTP JETTER RADIATOR CAPS 7554 City 8.78
841660 PD DIRT BIKE REFUND City (76.33)
89343 10/14/2022 012919 NIZA WINDOW TINT 1144 ANTI GRAFFITI FILM -PD TRAILER 9120 City 180.00 180.00 89344 10/14/2022 003575 PACIFIC HYDROTECH CORP 9 SEPT 2022 AEROBIC DIGESTER PROJECT City 368,595.25 368,595.25 89345 10/14/2022 011032 PARS 51537 AUG 2022 PARS FEES City 459.47 459.47 89346 10/14/2022 002663 PRINTING SOLUTIONS 7795 PRINTED ENVELOPES CITY WIDE USE City 2,542.58 4,872.62 22841 FLYERS FOR 75TH EVENT City 1,761.75
22839 75TH ANNIVERSARY POST CARDS City 398.64
7797 OFFICERS BUSINESS CARDS -PD City 169.65
89347 10/14/2022 010887 PUGLIESE, LINDA 100422 SEPT 2022 KARATE CLASSES City 346.50 346.50 89348 10/14/2022 011983 QUINN COMPANY 23097201 GENERATOR FOR BATHROOM 75TH EVENT City 276.11 276.11 89349 10/14/2022 001370 SAN BERNARDINO CO FIRE DEPT BAR223CC OCT-DEC 2022 HOUSEHOLD HAZARDOUS WASTE City 5,630.41 5,630.41 89350 10/14/2022 000814 SAN BERNARDINO COUNTY 27706 AUGUST 2022 HT/DISPATCH RADIOS City 324.00 10,322.33 AUGUST 2022 HT/DISPATCH RADIOS City 7,402.13
27720 AUG 2022 RADIO ACCESS MAINT -FIRE Fire 2,596.20
89351 10/14/2022 001853 SAN BERNARDINO COUNTY 22-275605 SEPT 2022/721 NANCY/MCIKEYDEE LIEN RELEASE City 60.00 100.00 22-275647 SEPT 2022 1250 FLORA/KEUPER LIEN RELEASE City 40.00 89352 10/14/2022 004125 SBCERA 101122 09/18/22-10/01/22 RETIREMENT -FIRE Fire 60,894.29 60,894.29

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Packet Pg. 55
Attachment: 101422 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - OCTOBER 14, 2022
89353 10/14/2022 001447 SILVER VALLEY PROPANE, INC. 42913 MCLB PROPANE SERVICES City 1,961.23 4,599.17 43179 MCLB PROPANE SERVICES City 890.58
42920 MCLB PROPANE SERVICES City 723.00
43190 MCLB PROPANE SERVICES City 360.15
42914 MCLB PROPANE SERVICES City 215.60
43294 MCLB PROPANE SERVICES City 143.82
42908 MCLB PROPANE SERVICES City 115.89
42915 MCLB PROPANE SERVICES City 87.47
43182 MCLB PROPANE SERVICES City 62.23
42921 MCLB PROPANE SERVICES City 39.20
89354 10/14/2022 001455 SMITH, ERNEST 100422 SEPT 2022 JUDO CLASSES City 70.00 70.00 89355 10/14/2022 001475 SOUTHERN CALIF ASSOCIATION SCAGFY230029 ANNUAL MEMBERSHIP FY23 City 2,864.00 2,864.00 89356 10/14/2022 001476 SOUTHERN CALIFORNIA EDISON CO 700238662985 WWTP- 2200 RIVERSIDE DR City 23,283.61 78,423.78 700148111364 8003543569 -CITY HALL City 15,142.20
8003544795 -900 S AVE H / CORP YARD City 2,422.97
8003555384 -72 BARTOW & RIMROCK City 35.13
8000832361 -72 MAIN & ROBERTA City 53.97
8000832580 -72 CAL & MAIN SIGNALS City 66.93
8000832821 -W MAIN & I15 SIGNALS City 34.41
8004570139 -2802 LENWOOD RD SIGNAL City 104.39
8000293590 -750 E RIMROCK SIGNALS City 21.84
8000753289 -920 E RIMROCK SIGNALS City 21.84
8002032248 -1201 MURIEL, LS3 City 17.28
8001123488 -2218 MURIEL AVE City 20.32
700115828855 CONDOR/FALCOM STREET LIGHTS City 14,861.20 700398983474 861 BARSTOW RD Fire 8,362.87
2600 W MAIN ST Fire 1,702.87
29780 US HIGHWAY -STORAGE UNIT Fire 22.76
333221 I ST -CELL TOWER Fire 1,686.38
EE/OBF INSTALLMENT 8322 Fire 236.46
700030573030 ELECTRIC POND 3 2200 RIVERSIDE DR City 2,965.97 700496482521 COMMUNITY CENTER - 841 BARSTOW RD City 2,564.46

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Packet Pg. 56
Attachment: 101422 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - OCTOBER 14, 2022
700629301587 STRINGHAM PARK City 2,141.79
700465976122 POLICE DEPT- MELISSA ST ANNEX City 1,049.94 700611940409 3603 W MAIN ST #B City 328.81
700238839811 RIVERSIDE @ YUCCA LIGHTS City 178.04
700158829056 24899 MAIN ST- SIGNAL City 67.46
2846 LENWOOD RD - LIGHT GS-1 City 95.06
700497948736 K STREET PARK City 150.22
700010111484 1002 E ARMORY RD City 76.69
1082 L STREET City 60.86
700612086111 3603 W MAIN ST - SIGNAL City 126.29
700497722202 FOGLESONG PARK City 87.19
700073416819 VARIOUS STREET LAMPS- LENWOOD RD City 76.69 700334574868 STREET LAMP- 1082 L STREET TC-1 City 59.16 700496467464 DANA PARK -UPPER LIGHTS City 51.48
700496432001 DANA PARK - PARKING LOT LAMPS City 47.48
700497829003 STURNACLE PARK City 41.42
700310255049 553 W. MAIN ST/B HILL LIGHTS City 32.61
700497876792 JASPER PARK City 24.81
700497624592 LILLIAN PARK City 21.72
700077581856 RIMROCK MEDIAN LANDSCAPE City 21.53
700066231442 RIMROCK & MONTEREY LANDSCAPE City 21.53
700496300039 DANA PARK - STREET LAMPS City 20.74
700497920343 SOCCER FIELDS -500 H ST City 13.90
700178236029 555 SOUTH 7TH STREET City 0.50
89357 10/14/2022 001486 SPARKLETTS 9218240 100122 SEPT 2022 WATER FOR CITY STAFF City 1,562.27 1,562.27 89358 10/14/2022 012628 STAR TECH PEST CONTROL 84192222 PEST CONTROL -CORA HARPER City 95.00 95.00 89359 10/14/2022 012907 THE FERRARO GROUP 22295 PR SERVICES City 6,000.00 12,000.00

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Attachment: 101422 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - OCTOBER 14, 2022
22312 PR SERVICES City 6,000.00
89360 10/14/2022 010900 TOMPKINS, KODY 100522 75TH TRIFOLD BROCHURES & INSERTS City 7,126.59 7,126.59 89361 10/14/2022 012175 UNIFIRST CORPORATION 3251847671 MCLB UNIFORM SERVICES City 776.62 3,219.56 3251839937 MCLB UNIFORM SERVICES City 710.16
3251842538 MCLB UNIFORM SERVICES City 710.16
3251845100 MCLB UNIFORM SERVICES City 710.16
3251850185 UNIFORM SERVICES -WWTP City 312.46
89362 10/14/2022 011881 VCA MESA ANIMAL HOSPITAL 419173965 VET EXAM -K9 BAILEY City 356.83 356.83 89363 10/14/2022 012425 VEOLIA NORTH AMERICA INC MD90680 MEDICAL WASTE DISPOSAL Fire 272.75 272.75 89364 10/14/2022 012889 VERDANT COMMERCIAL CAPITAL LLC 903930062 ANTIVIRUS SOLUTION City 745.24 745.24 89365 10/14/2022 001655 VICTOR VALLEY TRANSIT AUTH 101122 SEPT 2022 MEGA/MILITARY BUS PASSES City 1,950.00 1,990.00 10112022 SEPT 2022 CITY/COUNTY BUS PASSES City 40.00
89366 10/14/2022 004137 WESTERN EXTERMINATOR CO. 26994503 SEPT 2022 BUG SPRAY -FS362 Fire 130.65 278.35 27013013 SEPT 2022 BUG SPRAY -FS361 Fire 82.30
27013014 SEPT 2022 BUG SPRAY -FS366 Fire 65.40
89367 10/14/2022 002363 ZIEMER, ANDREW 1000422 09/12/22 PLANNING COMM. MEETING City 100.00 200.00 100522 09/26/22 PLANNING COMM. MEETING City 100.00
AGENCY TOTAL 1,177,743.40 1,177,743.40
City 1,057,622.05
Fire 120,121.35
Successor Agency -
1,177,743.40

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Packet Pg. 58
Attachment: 101422 AP RUN (5162 : Ratification of Accounts Payable Expenditures) Joint Special Council/BFPD
11/7/22 05:30 PM
Finance
Heidy Riley
Other
Doc ID: 5163

AGENDA ITEM
AGENDA MATTER:

LOCAL TRANSPORTATION FUND (LTF) CLAIM FOR FISCAL YEAR 2021/2022 EXECUTIVE SUMMARY:

City Council approval is required to submit the required claim forms to receive Article 8, Local Transportation Funds (LTF) in the amount of $63,641 for surplus funds from Fiscal Year 2021/2022 from the San Bernardino County Transportation Authority (SBCTA).

DISCUSSION:

In order to request the distribution of surplus Article 8, Local Transportation Funds (LTF) funds for local streets and roads which remain for fiscal year 2021/2022 in the amount of $63,641 from the San Bernardino County Transportation Authority (SBCTA), the City Council must approve the filing of the claim. Attached are the completed claim forms for the City Council's review.

FISCAL IMPACT:

Submittal of the Local Transportation Fund (LTF) Claim Form will result in the receipt of Article 8 LTF funds in the amount of $63,641
RECOMMENDED ACTION:

Staff recommends the City Council approve the filing of the Article 8, LTF Claim Form with the San Bernardino County Transportation Authority for fiscal year 2021/2022 in the amount of $63,641. 8 Packet Pg. 59

8.a
Packet Pg. 60
Attachment: CC Agenda Attachments 110722 (5163 : Local Transportation Fund (LTF) Claim for Fiscal Year 2020/2021)

8.a
Packet Pg. 61
Attachment: CC Agenda Attachments 110722 (5163 : Local Transportation Fund (LTF) Claim for Fiscal Year 2020/2021)

8.a
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Attachment: CC Agenda Attachments 110722 (5163 : Local Transportation Fund (LTF) Claim for Fiscal Year 2020/2021)

8.a
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Attachment: CC Agenda Attachments 110722 (5163 : Local Transportation Fund (LTF) Claim for Fiscal Year 2020/2021)

8.a
Packet Pg. 64
Attachment: CC Agenda Attachments 110722 (5163 : Local Transportation Fund (LTF) Claim for Fiscal Year 2020/2021) Joint Special Council/BFPD
11/7/22 05:30 PM
Engineering
Domingo Gonzales
Contract
Doc ID: 5166

COUNCIL AGENDA ITEM
AGENDA MATTER:

AWARD CONSULTANT CONTRACT TO DEVELOP THE CITY'S LOCAL ROADS AND SAFETY

PROGRAM
EXECUTIVE SUMMARY:

Staff is requesting approval to award a contract to KOA Corporation to develop the City's Local Road and Safety Program.

DISCUSSION:

On February 1, 2021, City Council authorized the City Manager to accept a Local Road and Safety Program Grant from the State of California.

A Local Road and Safety Plan (LRSP) provides local and rural agencies the opportunity to address unique safety needs in their jurisdictions while contributing to the success of the efforts to reduce traffic accidents fatalities and serious injuries on all public roads. Additionally, grant opportunities such as Highway Safety Improvement Programs (HSIP) and Vision Zero Actions Plans will require a local agencies to have a LRSP in order to apply for the grants.

Recently, staff solicited Request for Proposals (RFP) and received four proposals. Following procurement protocol, the selection committee evaluated the proposals and conducted interviews with the top three candidates. The selection committee determined that KOA Corporation provided and demonstrated competence, professional qualifications, and the ability to respond and provide services to the City of Barstow in the soundest manner.

KOA Corporation submitted a cost proposal of $79,824.58. The City was award an LRSP Grant for $80,000 where the State funds $72,000 and the City's local match is $8,000.

FISCAL IMPACT:

Allow expenditures from Account Number: 217.217,217.07.745 in the amount of $72,000 and from account 235.235.235.07.745 in the amount of $8,000.

RECOMMENDED ACTION:

Staff recommends the City Council take the following actions:

1. Approve a contract with KOA corporation for $79,824.58 and reject all other proposals upon the satisfactory submissions of the required contract, insurance certificates and required documentation.

2. Authorize the City Manager or designated representative to sign the contract. 9 Packet Pg. 65

9.a
Packet Pg. 66
Attachment: Cost Proposal (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.a
Packet Pg. 67
Attachment: Cost Proposal (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.a
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Attachment: Cost Proposal (5166 : Award a Consultant Contract to Develop the City's Local Roads and

9.a
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Attachment: Cost Proposal (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.a
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Attachment: Cost Proposal (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.a
Packet Pg. 71
Attachment: Cost Proposal (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.a
Packet Pg. 72
Attachment: Cost Proposal (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 73
Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 74
Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
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Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 76
Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 77
Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 78
Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 79
Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 80
Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 81
Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 82
Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 83
Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 84
Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 85
Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 86
Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 87
Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 88
Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 89
Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 90
Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
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Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

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Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
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Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 94
Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
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Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
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Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

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Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
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Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
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Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's

9.b
Packet Pg. 100 Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 101 Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 102 Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 103 Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 104 Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 105 Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 106 Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 107 Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program)

9.b
Packet Pg. 108 Attachment: Proposal from KOA Corporation (5166 : Award a Consultant Contract to Develop the City's Local Roads and Safety Program) Joint Special Council/BFPD
11/7/22 05:30 PM
Environmental Services
Kody Tompkins
Other
Doc ID: 5102

COUNCIL AGENDA ITEM
AGENDA MATTER:

APPROVAL OF COMMUNITY SERVICES DEPARTMENT POSITIONS
EXECUTIVE SUMMARY:

Due to recent retirements and personnel turnover in the Community Services Department, staff is recommending a reorganization of the department to include downgrading one position and adding additional positions.

DISCUSSION:

The City of Barstow’s Public Works Department has experienced a significant amount of personnel turnover during the past quarter. This has forced staff to reevaluate past practices, current operations, workloads, and the best path moving forward. After reviewing current retirements and staffing levels, staff is recommending the following:

Conduct an internal recruitment for a Field Services Supervisor. Approximately, one year ago, there were two Field Services Supervisors in the Streets Division, however, with the retirement of one supervisor and the promotion of another, the position has remained vacant. Staff decided not to fill the position immediately to ensure that proper training, coaching, and mentorship were conducted to prepare lowerlevel staff for success.

Downgrade and fill the Facilities Supervisor position that currently oversees building and parks and open space maintenance to the Facility Maintenance Supervisor position overseeing building maintenance only. The proposed position downgrade is due to the extremely broad knowledge requirement the City has for a working field supervisor. Having a full understanding of cooling towers, HVAC, and electrical systems (building) as well as growing seasons, pruning requirements, and irrigation (open spaces) is extremely difficult, and sets the division up for failure.

Conduct an internal recruitment for a Parks and Open Space Supervisor. As mentioned with the Facility Maintenance Supervisor position, it is important to have a skilled and knowledgeable working supervisor to train, mentor, support, and lead their sections for the greatest level of accomplishments.

With the recent retirement of the Administrative Assistant, staff is proposing one additional Public Services Assistant in the Open Spaces Division where there is the greatest need. Additionally, staffing of working field supervisor positions within the Public Works Department will provide more efficiency and opportunities for success.

FISCAL IMPACT:

Adding the additional Community Services Department positions will cost the City approximately $9,859.20 in salaries and benefits.

RECOMMENDED ACTION:

Staff is recommending that City Council:
10 Packet Pg. 109
Joint Special Council/BFPD
11/7/22 05:30 PM
Environmental Services
Kody Tompkins
Other
Doc ID: 5102

COUNCIL AGENDA ITEM

2. Authorize the City Manager to start the recruitment process and backfill any vacancies from internal promotions that might occur as a result of filling the additional positions. 10 Packet Pg. 110
Joint Special Council/BFPD
11/7/22 05:30 PM
Building
Christopher Heldreth
Determinations of Use
Doc ID: 5169

COUNCIL AGENDA ITEM
AGENDA MATTER:

CONSIDERATION OF RESOLUTION DECLARING REAL PROPERTY LOCATED AT 1701 E. MAIN

STREET EXEMPT SURPLUS LAND
EXECUTIVE SUMMARY:

The City received an offer from the Marsella family to purchase a vacant City-owned parcel located at 1701 E. Main Street.

The City Manager placed this item on the agenda for Council consideration. Staff asks the Council to receive and consider public comment and adopt the attached resolution declaring the parcel at 1701 E.

Main Street exempt surplus land and not necessary for the City’s use and directing staff to take further steps to dispose of the land consistent with the Surplus Land Act.

DISCUSSION:

The City owns vacant land at 1701 E. Main Street (APN: 0181-452-58). The parcel is approximately 4,410 square feet and zoned GC (General Commercial).

The Marsella family approached the City about purchasing the property. The Marsella family owns property adjacent to the City-owned parcel (APN: 0181-452-75). The Marsella family intends to develop the City-owned vacant parcel by lot split or by merging the parcel with the parcel where the restaurant is located to create a new commercial development.

The Marsella family has offered $5,000 for the purchase of the City-owned parcel. The property was not appraised, but the Marsella family did submit information to staff regarding comparable land sales in San Bernardino County.

The Surplus Land Act regulates the sale and transfer of publicly owned property. Under the Surplus Land Act, City-owned land must first be designated “surplus land” or “exempt surplus land” before it can be sold or exchanged. “Surplus land” is defined as land owned by a local agency unnecessary for the agency’s use and declared surplus by the agency’s governing body through a formal action in a regular public meeting. The surplus declaration must occur in open session.

There are numerous exceptions which qualify property for sale to instead be listed as “exempt surplus land” and not subject to the Surplus Land Act. These exceptions include:
 Land that is not contiguous to land owned by a state or local agency used for open-space or lowand moderate-income housing purposes, and meets one of these standards:
o Less than 5,000 square feet;
o Less than the minimum legal residential building lot size for the jurisdiction, or 5,000 square feet, whichever is less; or
o Has no record access and is less than 10,000 square feet.

The proposed land sale of 1701 E. Main Street qualifies for this exemption as it less than 5,000 square feet.
11 Packet Pg. 111
Joint Special Council/BFPD
11/7/22 05:30 PM
Building
Christopher Heldreth
Determinations of Use
Doc ID: 5169

COUNCIL AGENDA ITEM
If the City Council adopts a resolution declaring the land at 1701 E. Main Street exempt surplus land, then it must submit the resolution to the Department of Housing and Community Development. If the City receives no comment from the Department of Housing and Community Development within 30 days, it may sell the property to the Marsella family.

FISCAL IMPACT:

The City is expected to receive $5,000 from the sale of the property located at 1701 E. Main Street. The Marsella family will also pay all closing costs.

RECOMMENDED ACTION:

Exhibit A - Resolution No. ____-2022
Exhibit B - Quit Claim Deed
Exhibit C - Renderings Submitted by the Marsella Family Exhibit D - Site Photos
Exhibit E - Transfer Agreement for 1701 E. Main St.
11 Packet Pg. 112
RESOLUTION NO. XXXX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BARSTOW, CALIFORNIA, DECLARING THE PROPERTY
LOCATED AT 1701 E. MAIN STREET, BARSTOW, CA 92311

TO BE EXEMPT SURPLUS LAND
WHEREAS, the City owns certain property located at 1701 E. Main Street, Barstow, CA 92311 (APN 181-452-58) (“Property”); and
WHEREAS, the City would like to sell the Property, which consist of one (1) parcel currently zoned GC (General Commercial) totaling approximately 4,410 square feet; and WHEREAS, before the City can sell the Property, it must comply with the noticing requirements of Government Code section 54220 et seq., commonly referred to as the “Surplus Land Act”; and
WHEREAS, the City has reached a tentative agreement with the Marsella Family Trust to sell the property; and
WHEREAS, the Property is not currently being used by the City and the City desires to declare that the Property is exempt surplus land not necessary for the City’s use; and
WHEREAS, under Government Code section 54221, subdivision (f)(1)(B), “exempt surplus land” is defined as “surplus land that is (i) less than 5,000 square feet in area, (ii) less than the minimum legal residential building lot size for the jurisdiction in which the parcel is located, or 5,000 square feet in area, whichever is less, or (iii) has no record access and is less than 10,000 square feet in area; and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderateincome housing purposes. If the surplus land is not sold to an owner of contiguous land, it is not considered exempt surplus land and is subject to this article.”

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The Recitals are true and correct and are hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein.

SECTION 2. Exemption. The City hereby declares the Property “exempt surplus land” under Government Code section 54221, subdivision (f)(1)(B), in that it is land owned in fee simple by the City and is not necessary for the City’s use and less than 5,000 square feet in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.

11.a
Packet Pg. 113 Attachment: Exhibit A Reso XXXX-2022 re 1701 E. Main St Exempt Surplus Land Declaration (5169 : Surplus Land Act Designation: 1701 E.

SECTION 3. Notice of Availability. City staff is hereby directed and authorized to send a written notice of this resolution to the Property to the Department of Housing and Community Development.

SECTION 4. Direction to City Manager. The City Manager is hereby directed to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed.

Such actions include negotiating in good faith in accordance with the requirements of the Surplus Land Act.

SECTION 5. Certification. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 7th day of November, 2022. ________________________________
Paul Anthony Courtney, Dr.,B.A., Mayor
ATTEST:
________________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and ex officio Clerk of the City Council of the City of Barstow, DO HEREBY CERTIFY under penalty of perjury that the foregoing is a true and correct copy of Resolution No. XXXX-2022 of said City which was adopted at a regular meeting of said Council held on the 7TH day of November, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________________
Andrea Flores, City Clerk

11.a
Packet Pg. 114 Attachment: Exhibit A Reso XXXX-2022 re 1701 E. Main St Exempt Surplus Land Declaration (5169 : Surplus Land Act Designation: 1701 E.

RECORDING REQUESTED

BY AND WHEN RECORDED
RETURN TO:

City of Barstow
220 E. Mountain View Street
Barstow, CA 92311
Attn: City Manager
)
)
)
)
)
)
)
)
)
)
)
______________________________________________________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY

NO RECORDING FEE
EXEMPT PURSUANT TO GOVERNMENT CODE §§ 6103, 27383
APN: 181-452-58

QUITCLAIM DEED
For a valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, City of Barstow ("Grantor”), does hereby remise, release and forever quitclaim to Umberto Marsella (15%), Frank Marsella, Anna Pallisco and Gina Marsella, Trustees of the Survivor's Trust and the Marital Trust established under the Umberto Marsella Family Trust (“Grantee”), its successors and assigns, any and all right, title and interest in and to the real property located at 1701 E. Main Street in the City of Barstow, known as San Bernardino County Assessor's Parcel Number 0181-452-58-0000 and more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”), including without limitation all easements and improvements therein.

Grantor:

CITY OF BARSTOW
________________________________
Willie Hopkins, Jr. City Manager

11.b
Packet Pg. 115 Attachment: Exhibit B Quit Claim Deed for 1701 E. Main St 09-21-2022(291759.1) (5169 : Surplus Land Act Designation: 1701 E. Main St)

NOTARY ACKNOWLEDGEMENT
(to be attached)

11.b
Packet Pg. 116 Attachment: Exhibit B Quit Claim Deed for 1701 E. Main St 09-21-2022(291759.1) (5169 : Surplus Land Act Designation: 1701 E. Main St) EXHIBIT “A”

LEGAL DESCRIPTION OF THE PROPERTY
PTN NW 1/4 SEC 9 TP 9N R 1W DESC AS COM AT INTERSECTION W LI SD SEC 9 WITH THE NLY R/W LI OF E MAIN ST TH S 51 DEG 57 MIN 16 SECONDS E ALG SD N LI 230 FT TO TRUE POB TH CONT S 51 DEG 57 MIN 16 SECONDS E ALG SD NLY LI 268.10 FT TH N 35 DEG 39 MIN 50 SECONDS E 4.86 FT M/L TO A PT ON THE SWLY R/W LI OF THE

AT AND SF RR R/W SD PT BEING ON A CURVE CONCAVE TO THE NE AND HAVING A RADIUS OF 5842.41 FT FROM WHICH THE RADIAL BEARS N 42 DEG 12 MIN 10 SECONDS E TH N WLY ALG SD CURVE THROUGH A CENTRAL ANGLE OF 2 DEG 38 MIN 22 SECONDS 269.14 FT TH S 38 DEG 02 MIN 44 SECONDS W 30.47 FT M/L TO TRUE POB

11.b
Packet Pg. 117 Attachment: Exhibit B Quit Claim Deed for 1701 E. Main St 09-21-2022(291759.1) (5169 : Surplus Land Act Designation: 1701 E. Main St) e EXHIBIT C

PROPOSED DEVELOPMENT OR SIMILAR

11.c
Packet Pg. 118
Attachment: Exhibit C Renderings Submitted by the Marsella Family (5169 : Surplus Land Act Designation: 1701 E. Main St)

11.c
Packet Pg. 119
Attachment: Exhibit C Renderings Submitted by the Marsella Family (5169 : Surplus Land Act Designation: 1701 E. Main St)

EXHIBIT
D
Site Photos

11.d
Packet Pg. 120 Attachment: Exhibit D Site Photos (5169 : Surplus Land Act Designation: 1701 E. Main St)

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Packet Pg. 121 Attachment: Exhibit D Site Photos (5169 : Surplus Land Act Designation: 1701 E. Main St) 1 292075.v3

AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
This Agreement is made between THE CITY OF BARSTOW, a Municipal Corporation (“Seller”) and MARSELLA FAMILY TRUST, (“Buyer”) this ___ day of ____________, 2022 (the “Effective Date”).

RECITALS
A. Seller is the owner of certain real property known as 1701 E. Main Street, APN# 0181-452-58 in the City of Barstow, in San Bernardino County, California as depicted on the Site Map, Exhibit A attached hereto, and as legally described in the Legal Description, Exhibit B attached hereto (the “Property”); and B. The Property consists of one parcel: the “Fee Parcel”, which is approximately 4,410 sq. ft. in size.

C. Seller has agreed to sell the Property to the Buyer on the terms and conditions set forth herein.

D. The Property is a portion of a larger parcel adjacent to a parcel owned by the Marsella Family Trust. The Property is zoned GC (General Commercial). The Property is not suited for general public purposes as it is unusable due to the size and surrounding property not being owned by the City. The property is approximately 20 feet wide on the West side and reduces to approximately 5 feet wide on the East side, making this property unusable by itself.

E. On November 7, 2022, the Barstow City Council approved the proposed sale of the Property to Buyer and authorized the City Manager to execute the necessary agreement to complete the sale.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

1. Purchase of Property.

Buyer agrees to purchase from Seller, and Seller agrees to sell to Buyer, on the terms and conditions set forth herein, the Property.

Seller shall convey the Property to Buyer “AS IS,” “WHERE IS” condition with all faults and Seller makes no representations or warranties, either express or implied, as to the condition of the Property or any improvements thereon, as to the suitability or fitness of the Property or any improvement thereon, as to nay law or any other matter affecting the use, value occupancy, or enjoyment of the Property, or, except as set out in this

11.e
Packet Pg. 122 Attachment: Exhibit E Transfer Agreement for 1701 E. Main St 11-02-2022 (5169 : Surplus Land Act Designation: 1701 E. Main St) 2 292075.v3
Agreement, as to any other matter whatsoever. Seller shall have no responsibility to prepare the Property in any way for development at any time. Buyer acknowledges that neither Seller nor any employee, representative, or agent of Seller has made any representation or warranty, express or implied with respect to the Property to any improvement thereon. The provisions hereof shall survive closing or the early termination of this Agreement.

2. Purchase Price.

2.1 Amount of the Purchase Price. Buyer shall pay to Seller as the purchase price (the “Purchase Price”) for the Property the sum of Five Thousand Dollars ($5,000.00) by close of escrow.

2.2 Payment of the Purchase Price. The full amount of the Purchase Price shall be paid by Buyer to escrow holder, which will be _________, prior to the Close of Escrow, as defined below, for disbursement in accordance with this Agreement.

3. Conditions Precedent.

As conditions precedent and concurrent, as applicable, for the benefit of Buyer and Seller, the conditions set forth in this Section 3 must first be satisfied and fulfilled on or prior to the termination of this Agreement unless such times are extended in writing by the parties. Subject to the terms and conditions of this Agreement, Seller and Buyer agree to use their best efforts to satisfy the conditions set forth in this Section 3, and shall submit evidence satisfactory to the other, as appropriate, that the conditions have been satisfied, if such be the case.

3.1 Title Insurance. Buyer shall obtain and pay for an Owner’s Title Insurance Policy issued by __________.

3.2 Inspections. Buyer shall have determined, in its sole judgment, whether the Property is suitable for Buyer’s intended use of the Property.

3.3 Escrow/Title Insurance. Seller and Buyer agree to use ________as the escrow holder and as the issuer of an owner’s policy of title insurance.

3.4 Preliminary Title Report. Prior to the date hereof, Seller has delivered to Buyer a Preliminary Title Report issued by ________ (“Title Company”), for the Property (the “PTR”). The Title Company shall be selected by Seller and reasonably acceptable to Buyer (“Title Company”). Those exceptions to title for the Property reasonably acceptable to Buyer are referred to as the "Permitted Exceptions."

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Packet Pg. 123 Attachment: Exhibit E Transfer Agreement for 1701 E. Main St 11-02-2022 (5169 : Surplus Land Act Designation: 1701 E. Main St) 3 292075.v3

3.5 Condition of Title. A Title Company shall issue, at the Close of Escrow, an owner’s policy of title insurance showing Buyer as fee owner of the Fee Parcel, subject only to the Permitted Exceptions.

3.6 Free of Rights of Possession. The Property shall be vacant and free of all leases, tenancies, other rights of possession (except those easements described on the applicable Parcel Map) and third party claims at the Close of Escrow.

3.7 Seller’s Obligations. Seller shall have timely performed all of the obligations required by the terms of this Agreement to be performed by Seller.

3.8 Buyer’s Obligations. Buyer shall have timely performed all of the obligations required by the terms of this Agreement to be performed by Buyer.

3.9 Representations and Warranties. Buyer’s and Seller’s representations and warranties herein shall be correct as of the Close of Escrow.

4. Satisfaction of Conditions; Waiver

4.1 A party may give the other party written notice (“Approval Notice”) of its approval of any matter referred to in Sections 3.1 through 3.9, prior to termination of this Agreement, or of a breach (“Notice of Breach”) of any covenant by the other party set forth in Sections 9 or 10, or of any representation or warranty by a party set forth in Sections 11 or 12 discovered by a party during the term of this Agreement.

4.2 If a party does not give an Approval Notice prior to termination, those matters set forth above at Sections 3.1 through 3.9 shall be deemed approved to the satisfaction of that party. If a party gives a Notice of Breach within such period, the other party shall have a reasonable amount of time to cure the alleged breach. If within thirty (30) days after receipt by the non-defaulting party of the Notice of Breach the other party has not cured, or is not diligently pursuing the cure of, the alleged breach, the nondefaulting party shall have the right to either (a) terminate this Agreement without liability on that party’s part, or (b) waive the disapproved matter and consummate the sale of the Property. If either Seller or Buyer elects to terminate this Agreement pursuant to this section, the parties hereto shall have no further liability to each other except as otherwise provided herein. In the event of a party’s termination as set forth above, and after written instructions from either party, ________shall distribute funds and release documents to the parties entitled thereto.

4.3 A party may waive in writing any or all of the conditions established for its benefit during the term of this Agreement.

5. Title Commitment and Survey

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Packet Pg. 124 Attachment: Exhibit E Transfer Agreement for 1701 E. Main St 11-02-2022 (5169 : Surplus Land Act Designation: 1701 E. Main St) 4 292075.v3

5.1 Title Commitment. No later than thirty (30) days prior to the close of escrow, Seller will deliver or cause to be delivered to Buyer the following:

5.1.1 A commitment for title insurance (“Title Commitment”) issued by Title Company.

5.1.2 Copies of all recorded documents referred to in the Title Commitment.

5.2 Surveys. Buyer, at its sole cost and expense, may obtain such surveys (“Survey(s)”) of the property, structures and improvements, if any, comprising the Property as Buyer may desire. If obtained, Buyer shall furnish a copy of any such Survey to Seller upon receipt of same by Buyer.

5.3 Permitted Encumbrances. Buyer may evaluate the status of title as reflected in the Title Commitment and Surveys pursuant to Sections 5.1 and 5.2. Seller shall have no obligation to cure any title matters or issues disclosed in the Title Commitment and/or Surveys (but may do so, if Seller so chooses). The term “Permitted Encumbrances” as used herein shall mean (i) the Assumed Taxes (as hereinafter defined), (ii) any easements, restrictions, claims, rights of way, encroachments or other encumbrances or other matters whatsoever affecting the Property as shown in the Title Commitment and/or Survey and expressly accepted by Buyer (the “Title/Survey Exceptions”). (iii) any and all other restrictions, reservations, covenants; conditions, rights-of-way, easements, and encumbrances, whether of record or not, if any, which do not affect the construction, maintenance, operation and repair of the Project, (iv) all municipal or other governmental zoning laws, regulations and ordinances, if any, affecting the Property, and (v) any other matters affecting the Property which would be disclosed by a physical inspection of the Property or an accurate survey of the Property.

6. Review Period.

6.1 Delivery of Review Items. Seller has either previously made available or will, within ten (10) business days of the Effective Date, make available to Buyer, at Seller’s place of business in San Bernardino County or by delivery to Buyer subject to any confidentiality provisions contained therein, all documents that may be reasonably requested by Buyer relating to the ownership and operation of the Property and that are applicable to the sale of the Property to Buyer (“Review Items”) which are in Seller’s actual possession and which are obtainable by Seller without additional expense and which are not deemed confidential or proprietary by Seller including, without limitation, any lease agreements and related occupancy agreements with third parties concerning the Property or management or maintenance agreements that would survive the Closing and any Surveys of the Property in Seller's possession; provided, however, all such items shall be maintained in strict confidence by Buyer and its agents and such parties shall not disclose the contents of such Review Items except to Seller's employees, agents, lenders, partners, accountants, legal representation and consultants solely for the purpose of

11.e
Packet Pg. 125 Attachment: Exhibit E Transfer Agreement for 1701 E. Main St 11-02-2022 (5169 : Surplus Land Act Designation: 1701 E. Main St) 5 292075.v3
conducting due diligence on the Property. So long as Seller acts in good faith and takes reasonable efforts to identify and deliver the Review Items, Buyer shall have no claims against Seller for failure to deliver any Review Items.

6.2 Review Period. In the event that the Buyer is not satisfied in Buyer’s sole discretion with (i) the physical condition and nature of the Property, including all environmental conditions thereof, (ii) all information concerning the Property made available to Buyer by Seller, (iii) the status of title to the Property, (iv) the Review Items and (v) all other aspects of the Property (collectively, the “Conditions”), Buyer shall have the option at any time before the expiration of forty-five (45) days after the Effective Date (the “Review Period”) to choose one of the following as its sole and exclusive remedy by sending written notice to Seller prior to expiration of the Review Period that: (i) the Property is not acceptable to Buyer and that Buyer has disapproved the Property, and neither party hereto shall have any further rights or obligations hereunder, or (ii) Buyer waives any of the Conditions and consummate this transaction, but with no change in any of Buyer's obligations hereunder and with no reduction in the Purchase Price. If Buyer does not send any such written notice, then Buyer shall be deemed to have elected subsection (ii) and waives any of the Conditions and shall consummate this transaction with no change in any of Buyer's obligations hereunder and with no reduction in the Purchase Price.

Buyer may conduct a Phase I environmental assessment of the Property, of which they will be responsible for all costs and expenses.

6.3 Delivery to Seller of Documents. If Buyer exercises any right to terminate this Agreement pursuant to Section 6.2 above or Section 13.2 below or if Buyer is in default under Section 13.2.2, then in any of such events Buyer shall (i) promptly after such termination or event of default return to Seller the originals and all copies of all Review Items delivered or made available to Buyer; and (ii) maintain in absolute confidence the results of any and all other information contained in such Review Items or in such tests or studies conducted by Buyer or its consultants with respect to the Property.

7. Buyer's Inspection of Property.

7.1 At any time during the term of this Agreement, and upon reasonable notice to Seller, Buyer, its agents, contractors or engineers, shall have the right to enter the Property, at Buyer's sole cost and expense, for the purpose of inspecting, surveying, conducting engineering studies and soil tests, and for other similar investigation, provided such operations do not permanently damage the Property. Buyer will complete by the Close of Escrow such independent investigations as it deems necessary or appropriate concerning the use, development or suitability for development of the Property. Buyer agrees to indemnify Seller and its agents, officers, directors and employees and hold them harmless from all costs, expenses, liability or loss incurred or arising from any such investigation or environmental testing conducted by Buyer. Notwithstanding the

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Packet Pg. 126 Attachment: Exhibit E Transfer Agreement for 1701 E. Main St 11-02-2022 (5169 : Surplus Land Act Designation: 1701 E. Main St) 6 292075.v3
foregoing, Buyer shall have no liability or obligation to Seller with respect to any conditions concerning the Property discovered or uncovered by Buyer during the course of Buyer's investigation of the Property. Such investigation shall not be construed as an acceptance of Seller’s title or as a waiver of any of Seller’s warranties or obligations herein.

7.2 Buyer may, prior to Close of Escrow, by written notice to Seller and ________, propose to cancel this Agreement based upon Buyer's dissatisfaction with the Property. Upon receipt of such notice, Seller shall have forty-five (45) days during which to take such actions as may be necessary to place the Property and the soil conditions of the Property in a condition suitable for use of the Buyer. If the Seller fails to take such action within such forty-five (45) day period, the Buyer may terminate this Agreement by delivering written notice of termination to Seller and ________, and this Agreement shall terminate upon Seller’s receipt of such notice. In the event of Buyer's timely termination pursuant to this section, the parties hereto shall have no further liability to each other except as otherwise provided herein. In the event of Buyer's termination as set forth above, ________shall distribute any funds and release any documents to the parties entitled thereto.

8. Intentionally Deleted.

9. Seller's Covenants to Buyer.

Seller covenants to Buyer as follows:

9.1 Between the date hereof and the Close of Escrow, Seller shall not enter into any contract affecting the Property which is not terminable on thirty (30) days' notice.

9.2 Prior to the Close of Escrow, Seller shall execute and deliver to Buyer an Affidavit of Disclosure of Non-Foreign Status, in compliance with Internal Revenue Code Section 1445 and the regulations thereunder.

9.3 Seller shall promptly notify Buyer if Seller becomes aware that any representation or warranty contained herein is or becomes incorrect or inaccurate subsequent to the date hereof.

10. Buyer's Covenants to Seller.

Buyer covenants to Seller that Buyer shall promptly notify Seller if Buyer becomes aware that any representation or warranty contained herein is or becomes incorrect or inaccurate subsequent to the date hereof.

11. Seller's Representations and Warranties.

Seller represents and warrants to Buyer as follows:

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Packet Pg. 127 Attachment: Exhibit E Transfer Agreement for 1701 E. Main St 11-02-2022 (5169 : Surplus Land Act Designation: 1701 E. Main St) 7 292075.v3

11.1 Seller has the full power and authority to sell the Property. This Agreement has been duly and validly authorized, executed and delivered by Seller and no other authorization or third party consent is requisite to the valid and binding execution, delivery and performance of this Agreement by Seller, and this Agreement does not violate any provisions of any charter, articles or by-laws of Seller.

11.2 Intentionally deleted.

11.3 Seller is not a non-resident alien, a foreign corporation, a foreign partnership, a foreign trust or a foreign estate as such terms are defined in the Internal Revenue Code of 1986, or any rules or regulations for purposes of United States income taxation.

11.4 Seller is the legal fee simple titleholder of the Property, and has good, marketable and insurable title to the Property, subject only to the Permitted Exceptions, free and clear of all monetary liens and encumbrances, leases, tenancies, rights of possession, or third party claims.

11.5 There are not presently pending any special assessments or condemnation actions against the Property or any part thereof, nor has Seller received any notice of any special assessments or condemnation actions being contemplated.

11.6 As of the Close of Escrow, there will be no outstanding contracts affecting the Property.

11.7 Seller has not granted to any person or entity, nor to the best of Seller's knowledge does any person or entity other than Seller have any right, title or interest in or to the Property or any portion thereof, except as provided in the Permitted Exceptions.

11.8 Except as expressly herein otherwise provided, the representations and warranties of Seller set forth in this Agreement shall be true on and as of the Close of Escrow as if those representations and warranties were made on and as of such time.

12. Buyer's Representations and Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations and warranties, each of which is material and is being relied upon by Seller (the continued truth and accuracy of which shall constitute a condition precedent to Seller's obligations hereunder):

12.1 Buyer has the full power and authority to buy the Property. This Agreement has been duly and validly authorized, executed and delivered by Buyer and no other authorization or third party consent is requisite to the valid and binding execution, delivery and performance of this Agreement by Buyer.

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Packet Pg. 128 Attachment: Exhibit E Transfer Agreement for 1701 E. Main St 11-02-2022 (5169 : Surplus Land Act Designation: 1701 E. Main St) 8 292075.v3

12.2 Intentionally Deleted.

12.3 All representations and warranties of Buyer set forth in this Agreement shall be true on and as of the Close of Escrow as if those representations and warranties were made on and as of such time.

13. Escrow.

13.1 Opening of Escrow. Within (14) days after the Effective Date, Buyer shall open an escrow at ________ for the purpose of carrying out the terms of this Agreement.

This Agreement shall constitute the joint escrow instructions of Buyer and Seller with respect to the purchase of the Property and a certified copy of this Agreement shall be delivered to the ________upon the opening of Escrow. In addition, upon written request from ________, each party shall sign and deposit escrow instructions in the standard form utilized by ________, within ten (10) days after the opening of escrow. The instructions shall not modify or amend the provisions of this Agreement. If any conflict exists between the instructions and this Agreement, the provisions of this Agreement shall prevail.

13.2 Escrow Cancellation. If Escrow is not in a condition to close by the agreed date for the Close of Escrow as set forth in Section 13.4 hereof, ________shall continue to comply with the instructions contained herein until a written demand has been made by a party entitled to do so for the cancellation of Escrow, as described below. ________ shall notify the other party of any such demand.

13.2.1 If the Close of Escrow fails to occur due to Seller’s default, Seller shall pay all Escrow cancellation charges.

13.2.2 If the Close of Escrow fails to occur due to Buyer’s default, Buyer shall pay all Escrow cancellation charges.

13.2.3 If the Close of Escrow fails to occur for any reason other than the foregoing, Buyer shall pay Escrow cancellation charges, and each party shall release the other party from all liability hereunder for the failure of the Close of Escrow to occur. “Escrow cancellation charges” means all fees, charges and expense incurred and charged by ________as well as all expenses related to the issuance of the title policy and other title matters.

13.3 Deposit of Documents.

13.3.1 Within 14 days after the opening of escrow Seller shall deposit with ________the following documents:

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a. A duly executed and acknowledged grant deed (“Grant
Deed”) substantially in form as attached hereto as Exhibit C conveying good and marketable fee simple title to the Fee Parcel. Buyer shall complete, execute and deliver to ________any required statement of intention to transfer the property or preliminary change of ownership statement.
b. Disclosure of Non-Foreign Status, in compliance with Internal Revenue Code Section 1445 and the regulations thereunder.

13.3.2 Buyer shall deposit into escrow the following:
a. within 45 days a written statement that all of the conditions precedent to the Close of Escrow set forth at Section 3 of this Agreement have been satisfied or waived;
b. 3% deposit.

13.4 Close of Escrow. For purposes of this Agreement, the “Close of Escrow” shall be defined as the successful conveyance of the Property from Seller to Buyer; the date of the Close of Escrow shall be the date that the Grant Deed conveying the Property to Buyer is recorded in the Official Records of San Bernardino County, California (“Official Records”). Escrow shall close on or before the later of (A) the date which is ninety (90) days following the opening of Escrow, or (B) the date which is ninety (90) days after the Effective Date, unless extended by mutual agreement of the parties in writing.

13.4.1 The escrow shall be in a condition to close and shall close when the ________holds all the items referred to in Sections 13.1 and 13.2 above, and when the ________ is in a position to obtain, and the Title Company has committed to deliver, a C.L.T.A. owner's policy of title insurance issued by the Title Company in favor of Buyer in the full amount of the Purchase Price, insuring Buyer's title to the Property subject only to the Permitted Exceptions (the “Title Insurance Policy”), and when Buyer has deposited the remaining portion of the Purchase Price with ________. The cost of the Title Insurance Policy will be paid by Buyer; any additional endorsements or coverage shall be paid by Buyer. At such time that the ________is in a position to obtain, and the Title Company has committed to deliver, the Title Insurance Policy, the ________shall:
a. Record the Grant Deed in the official records of San Bernardino County;
b. Charge Buyer for any and all fees, charges and costs payable under this Agreement. Before such payments are made, the ________shall notify Seller and Buyer of the fees, charges and costs necessary to clear and convey the Property;

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c. Disburse the remaining amount of the Purchase Price to Seller; other funds remaining shall be disbursed to the party entitled thereto. d. Deliver conformed copies of the Grant Deed, the Title Insurance Policy, and other documents to the parties entitled thereto. The Title Insurance Policy shall be delivered to Buyer effective as of the Close of Escrow.

13.4.2 If escrow has not closed prior to the date set forth at Section 13.4, either party may terminate this Agreement by delivering written notice of termination to the other party and ________, termination to be effective upon the other party’s receipt of such termination notice. Thereafter, Seller shall return the Deposit to Buyer and the parties hereto shall have no further liability to each other except as otherwise provided herein.

13.5 Monetary Encumbrances. Seller agrees to convey title to the Property to Buyer at Close of Escrow free and clear of all monetary liens and encumbrances.

13.6 Prorations. Real Property taxes and insurance shall be prorated as of Close of Escrow. Buyer shall pay all transfer taxes and the premium on a C.L.T.A. title insurance policy. The cost of endorsements and/or additional coverage as required by Buyer or its lenders shall be paid by Buyer. The cost of deed preparation, if any, and recording fees shall be paid by Buyer. The escrow fee and other expenses of escrow shall be paid by Buyer.

13.7 Possession. Right to possession of the Property shall transfer to Buyer at the Close of Escrow.

13.8 Risk of Loss. Risk of loss to the Property shall be borne by Seller prior to the Close of Escrow and by Buyer thereafter. In the event the Property is damaged in a material degree by flood, fire, earthquake or other casualty prior to the Close of Escrow, Buyer may, at its option, elect not to acquire the Property, in which case this Agreement shall be terminated and ________shall return any deposits made into escrow; or Buyer may elect to proceed to close the purchase of the Property, in which case Seller shall assign to Buyer all insurance proceeds, if any, relating to such damage.

14. Remedies on Default.

If either party defaults under this Agreement, the non-defaulting party may pursue any remedy available to it in law or in equity, including, but not limited to, (i) money damages, (ii) specific performance of the Agreement, in which action the non-defaulting party shall have the right to recover its damages suffered by reason of delay in the acquisition of the Property, costs of suit and reasonable attorneys' fees; or (iii) rescission of this Agreement. No delay or omission in the exercise of any right or remedy accruing

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to the non-defaulting party under this Agreement shall impair such right or remedy or be construed as a waiver of any breach by the defaulting party. The waiver by either party of any condition or covenant contained herein shall not be deemed a waiver of any other condition or of any subsequent breach by the other party of any term, covenant or condition contained herein. All rights, powers, elections and remedies afforded to a party either hereunder or by law shall be cumulative and not alternative, and the exercise of any right, power, election or remedy shall not bar the exercise of any other.

15. Termination of Agreement.

Except as provided below at Section 17.7, Survival, this Agreement shall terminate on the earlier of (i) the Close of Escrow, (ii) (ii) the election by Buyer to terminate this Agreement pursuant to Sections 4.2 (breach of Agreement), 7.2 (condition of the Property), 13.4 (failure to timely close escrow) or 13.8 (casualty), or (iii) the election by Seller to terminate pursuant to Sections 4.2 (breach of Agreement) or 13.4 (failure of escrow to timely close).

16. Property Disclosures. Seller shall, within fifteen (15) after the date hereof, provide to Buyer (or cause Escrow Agent to provide to Buyer) all natural hazard disclosure reports (the “Reports”) required by the Disclosure Statutes (as defined below). Buyer shall then, within Forty-five (45) days after receipt of such information, investigate the disclosures and information and provide written notice to Seller of any items below which Buyer disapproves.

Seller and Buyer acknowledge that the Disclosure Statutes provide that a seller of real property must make certain disclosures regarding certain natural hazards potentially affecting the property, as more particularly provided in the Disclosure Statutes. As used in this Agreement, “Disclosure Statutes” means, collectively, California Government Code Sections 8589.3 (special flood hazard area), 8589.4 (area of potential flooding) and 51183.5 (very high fire hazard), California Public Resources Code Sections 2621.9 (earthquake fault zone), 2694 (seismic hazard zone) and 4136 (state responsibility area) and any other California statutes that require Seller to make disclosures concerning the Site. Upon acceptance of conveyance of the Site, Buyer agrees as follows with respect to the Disclosure Statutes and the Reports:

16.1 Buyer will be provided all Reports and will thereafter advise if they satisfy all obligations and requirements of Seller under the Disclosure Statutes.

16.2 Buyer will be provided an opportunity to review all Reports and to investigate the disclosures and information

16.3 Seller shall not be liable for any error or inaccuracy in, or omission from, the information in the Reports.

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16.4 The Reports are provided by Seller for purposes of complying with the Disclosure Statutes and shall not be deemed to constitute a representation or warranty by Seller as to the presence or absence in, at or around of the Property of the conditions that are the subject of the Disclosure Statutes.

17. General Provisions.

17.1 Brokers. Seller represents and warrants to Buyer, and Buyer represents and warrants to Seller, that no broker or finder has been engaged by it, respectively, in connection with any of the transactions contemplated by this Agreement, or to its knowledge is in any way connected with any such transactions.

17.2 Assignment. Buyer may not assign this Agreement or the rights under it to a third party without the prior written consent of Seller. Upon any assignment approved in writing by Seller, the assignee shall have all the rights and obligations of Buyer hereunder and Buyer shall not be relieved of or released from any of its obligations hereunder.

17.3 Time of Essence. Time is of the essence in all phases of this Agreement and the closing referred to herein.

17.4 Further Instruments. Each of the parties hereto agrees to cooperate in good faith with the other, and to execute and deliver all further instruments, documents and papers, and shall perform any and all acts necessary, to give full force and effect to all of the terms and provisions of this Agreement.

17.5 Severability. If any provision of this Agreement, as applied to any party or to any circumstance, shall be found by a court of competent jurisdiction to be void, invalid or unenforceable, the same shall in no way affect any other provision of this Agreement, the application of any such provision in any other circumstance, or the validity or enforceability of this Agreement.

17.6 Counterparts. This Agreement or any amendment hereof may be executed in counterparts and all such executed counterparts shall constitute a single agreement, notwithstanding that all the parties hereto are not signatories to the same counterpart.

17.7 Survival. All of the representations and warranties of the parties contained in this Agreement, all covenants, agreements and indemnities made herein by the parties, and all obligations to be performed under the provisions hereof will remain operative, will be deemed made at the Close of Escrow, and will survive the Close of Escrow.

17.8 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors, legal representatives and assigns.

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17.9 Applicable Law. This Agreement shall be governed by and construed in accordance with California law.

17.10 Attorneys' Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out of court settlement, shall be entitled to have and recover of and from the other party all reasonable costs and reasonable expenses of suit, including actual reasonable attorneys' fees. Any judgment or order entered in any final judgment shall contain a specific provision providing for the recovery of all costs and expenses of suit, including actual attorneys' fees (collectively “Costs”) incurred in enforcing, perfecting and executing such judgment. For the purposes of this paragraph, Costs shall include, without limitation, attorneys' fees, costs and expenses incurred in (i) post-judgment motions, (ii) contempt proceeding, (iii) garnishment, levy, and debtor and third party examination, (iv) discovery, and (v) bankruptcy litigation.

17.11 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, delivered by overnight courier such as FedEx, Express Mail, DHL, etc. for next business day delivery, or sent by telecopy, and shall be deemed given upon the earlier of (i) if personally delivered, the business day of delivery to the address of the person to receive such notice, (ii) if mailed, on the date of receipt or refusal to accept delivery as indicated on the return receipt, (iii) if given by telecopy, when received as evidenced by the confirmation report, provided it is received before 4:00 p.m. Pacific Time (if received later, the notice will be deemed received on the next business day), or (iv) if delivered by overnight courier, the next business day. Any notice, request, demand, direction or other communication sent by telecopy must be confirmed within forty-eight (48) hours by letter mailed or delivered in accordance with the foregoing.

To Buyer:

Marsella Family Trust
To Seller:

City of Barstow
Office of the City Clerk
20 E Mountain View St # A
Barstow, CA 92311
Telephone: 760-256-3531

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With a copy to:

Matthew T. Summers, Esq.

Colantuono, Highsmith, and Whatley, PC
790 East Colorado Blvd., Suite 850
Pasadena, CA 91101-2109
Telephone: (213) 542-5700
Fax (213) 542-5710
Notice of change of address shall be given by written notice in the manner detailed in this Section 17.11. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent.

17.12 Waiver, Consent and Remedies. Either party may specifically and expressly waive in writing any breach by the other party of any provision of this Agreement, but no such waiver shall constitute a further or continuing waiver of any preceding or succeeding breach of the same or any other provision. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver or the necessity of obtaining such consent for the same or similar acts in the future. No waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in this Agreement.

17.13 Waiver of Certain Rights. Buyer hereby waives any rights it may have or claim to have that it has any interest in the Property, including but not limited to, rights of adverse possession or prescriptive rights. The only rights Buyer has in the Property are those rights expressly granted by this Agreement.

17.14 Fees and Other Expenses. Except as otherwise provided herein, each of the parties shall pay its own fees and expenses in connection with this Agreement.

17.15 Headings. The headings used herein are for purposes of convenience only and shall not be used to construe, expand or limit the meaning of the language of this agreement.

19. Entire Agreement.

This instrument contains the sole and entire agreement of the parties relating to the purchase and sale of the Property, and correctly sets forth the rights, duties and obligations of each to the other as of its date. Except as stated herein, any prior agreements, promises, negotiations or representations not expressly set forth in this agreement are of no force and effect.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above.
“SELLER”
Dated: ________________, 2022 THE CITY OF BARSTOW, a municipal corporation,
_____________________________
Willie A. Hopkins, Jr., its City Manager
“BUYER”
Dated: _________________, 2022 MARSELLA FAMILY TRUST
By:

Name:

Its:

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EXHIBITS
Exhibit A- Site Map
Exhibit B- Legal Description of the Property
Exhibit C- Grant Deed

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EXHIBIT
A

SITE MAP

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EXHIBIT B

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EXHIBIT C

GRANT DEED

RECORDING REQUESTED BY

CITY OF BARSTOW

WHEN RECORDED MAIL TO
City Clerk
220 E. Mountain View St.

Barstow, CA 92311
No Recording Fee - Exempt
Pursuant to Government Code Section 6103
_________________________________________________________________________________ Space above this line for recorder’s use

GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF BARSTOW, a municipal corporation, (“Grantor”) hereby GRANT(S) to
MARSELLA FAMILY TRUST (“Grantee”)
the real property in the City of Barstow, County of San Bernardino, State of California, described as:

Parcel No. _____, Parcel Map No. 8028 Assessor’s Parcel No. 0181-452-58 Dated: ____________________ , 2022

GRANTOR

CITY OF BARSTOW
_________________________________________
By: _________
Its: _________

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292075.v3

STATE OF CALIFORNIA )
) ss.

COUNTY OF SAN BERNARDINO )
On , 2022, before me, , Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Signature
Notary Public

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Packet Pg. 142 Attachment: Exhibit E Transfer Agreement for 1701 E. Main St 11-02-2022 (5169 : Surplus Land Act Designation: 1701 E. Main St) Joint Special Council/BFPD
11/7/22 05:30 PM
City Manager Department
Willie A Hopkins
Resolution
Doc ID: 5149

AGENDA ITEM
AGENDA MATTER:

AMENDMENT TO THE CITY COUNCIL RULES FOR THE CONDUCT OF ITS MEETING PROCEEDINGS AND BUSINESS AND REPEALING RESOLUTION 4647-2011 EXECUTIVE SUMMARY:

The City Council is asked to consider changing the Order of Business for regular, adjourned or special meetings as outlined in Section II of the proposed resolution.

DISCUSSION:

At the June 20, 2022 meeting, the City Council was asked to consider changing the Order of Business for regular, adjourned or special meetings as outlined in Section II of the proposed resolution. The Council tabled the item and directed that it be reviewed by the Rules and Policies Committee. The Rules and Policies Committee reviewed the item on September 27, 2022 and October 25, 2022 and it was the consensus to consider changing the Order of Business as outlined in Section II of the proposed resolution. The City Council is being asked to adopt Resolution 5108-2022 which updates the City Council's Order of Business.

FISCAL IMPACT:

None
RECOMMENDED ACTION:

Adopt Resolution No. 5108-2022, amending the City Council rules for the conduct of its meeting proceedings and business, repealing Resolution 4647-2011; and waive the full reading. 12 Packet Pg. 143

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RESOLUTION NO. 5108-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW

ADOPTING AND ESTABLISHING RULES FOR THE CONDUCT OF ITS

MEETINGS, PROCEEDINGS AND BUSINESS AND REPEALING
RESOLUTION NO. 4647-2011
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

SECTION 1. The Council of the City of Barstow does hereby adopt and establish the following rules for the conduct of its meetings, proceedings, and business:

MEETINGS
A. Regular Meetings. Regular meetings of the Council shall be held, without notice, on the first and third Monday of each month. The meeting shall commence at 7:00 p.m. in the Council Chambers in the City Hall of the City of Barstow located at 220 East Mountain View, Barstow, California, or at such other place as the Council may from time to time prescribe.

B. Consecutive Meetings. The City Council establishes the alternative to hold consecutive or joint meetings with other agencies that the City Council officiates as the Governing Board. Meetings will begin at the regularly scheduled meeting time of the City Council unless the City Council designates a different time when required.

C. Study Session. Study sessions may be called by a majority of the City Council at such times as the Council deems necessary. Study sessions shall be for the purpose of hearing reports from staff or other persons. No official action shall be taken at the study session.

D. Cancellation. Any meeting of the Council may be cancelled in advance by a majority vote of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have confirmed in writing their unavailability to attend a meeting.

E. Adjournment. Meetings shall adjourn at 11:00 p.m. unless a majority vote of the Council to continue past the 11:00 p.m. deadline suspends the rule.

F. Chair. The Mayor shall preside over all Council meetings. In his/her absence, the Mayor Pro-Tem shall serve as presiding officer.

G. Agenda. The Agenda shall be prepared at the direction of the City Manager and approved by the Mayor. A copy of the agenda shall be posted at least 72 hours prior to each regular meeting. In addition, a copy of the agenda with appropriate supporting documentation shall be available at City Hall during normal business hours for public

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inspection. All items to be placed on the City Council Agenda shall be received by the City Clerk by no later than 12:00 P.M. on Monday prior to the regular Council meeting on the following Monday. Members of the City Council may place items on the agenda with the concurrence of a second council member, subject to the agenda deadlines in this section.

H. Record of Proceedings. All hearings may be taped (or other process) and the minutes of such proceedings will be prepared in a summarized form. All exhibits and staff reports will be permanently maintained. An adequate record of both administrative and legislative hearing shall be prepared in contested matters, if any party makes a written request therefore, to the City Manager, prior to the day set for such hearing. The cost of such record shall be borne by the requesting party, in an amount to be set by the City Clerk; a deposit may be required in advance, in the discretion of the City Manager.

II.

ORDER OF BUSINESS
The order of business for regular, adjourned or special meetings shall be as follows:

1. Closed Session/Report of Closed Session (as necessary)

2. Invocation

3. Call to Order

4. Pledge of Allegiance

5. Roll Call

6. Review and Approval of the Agenda

7. Presentations (if desired)

8. Consent Calendar and Consent Calendar Public Comment

9. Discussion/Action on Deferred Consent Items

10.Business/Action Items
[Including Public Comment on Each Item]

11.Public Hearings (as necessary)

12.General, Non-Agenda Public Comment

13.Staff Reports

14.Public Safety Updates

15.City Manager Comments

16.Business of the Council/Council Committee Report

17.Adjournment
Items may be placed on the Consent Calendar at the discretion of the City Manager. All items listed on the Consent Calendar are considered to be routine and will be enacted by one roll call vote. There may be separate discussions of these items when a member of the City Council requests that any specific item be removed from the Consent Calendar for separate action or a member of the audience has submitted a request to speak. Any items removed from the Consent Calendar will be considered either at the conclusion of the Consent Calendar under Deferred Items.

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III.

RULES OF CONDUCT
A. The City Council hereby adopts as its rules of conduct for all City Council meetings, “Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century,” (“Rules”) attached hereto and incorporated by reference herein as Exhibit “A”.

B. The attached Rules are modified to the extent that all motions shall be passed by a simple majority vote of the City Council, except where a super-majority vote is required pursuant to State law.

C. Authority of the Chair. Subject to appeal, the Chair shall have the authority to prevent the misuse of the legitimate form of motions, or the abuse of privilege of renewing certain motions, to obstruct the business of the Council by ruling such motions out of order. In so ruling, the Chair shall be courteous and fair and should presume that the moving party is making the motion in good faith.

D. Public Hearings. Matters which are required to be heard at a noticed public hearing shall be conducted in the following manner:

1. Time for Consideration. Matters noticed to be heard by the Council shall commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made.

2. Continuance of Hearings. Any hearing being held or noticed or ordered to be held by the Council at any meeting of the Council may, by order or notice of continuance, be continued or continued again to any subsequent meeting in the manner provided herein for adjourned meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or notice of continuance was adopted or made.

3. Public Discussion at Hearings. When a matter for public hearing comes before the Council, the Mayor shall open the public hearing. Upon opening the public hearing and before any motion is adopted related to the merits of the issue to be heard, the Mayor shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present evidence respecting the matter. Any person desiring to speak or present evidence shall make his/her presence known to the Mayor and upon evidence relevant to the matter being heard. No person may speak without first being recognized by the Mayor. Members of the Council who wish to ask questions of the speakers or each other, during the public hearing portion may do so but only after first being recognized by the Mayor. The Mayor shall conduct the meeting in such a manner as to afford due process.

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All persons interested in the matter being heard by Council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the City Clerk as part of the Clerk’s record. Time limits may be established by the Council, limiting the duration of presentations as set forth in these rules. No person shall be permitted during the hearing, to speak about matters or present evidence which are not germane to the matter being considered. A determination of relevance shall be made by the Mayor, but may be appealed as set forth in these rules.

4. Consideration of Question by Council. After all members of the public desiring to speak upon the subject of the hearing have been given an opportunity to do so, the public hearing shall be closed by the Mayor and Council may consider what disposition they wish to make of the question or questions presented at the hearing. No member of the public shall be allowed to speak further on the questions during this period of deliberation, unless the majority of the Council vote to re-open the public hearing.

Council members may also ask questions of the speakers, if so desired. At the conclusion of the Council discussion, and appropriate motion having been made and seconded, the Council shall vote on the matter.

E. Chair. The Mayor shall preside over all Council meetings. In his/her absence the Mayor pro tem shall serve as presiding officer. The Mayor may change the order of business or order for consideration of any item if convenient for the efficient conduct of the meeting, subject to approval by a majority vote of the Council.

F. Attendance by the public. Except as specifically provided by law for closed session, all meetings of the Council shall be open and public. All persons desiring to attend shall be permitted to attend any meeting. In the event any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by removal of the offending individual or individuals, the Council may order the meeting room cleared and continue in session.

Representatives of the press, unless participating in the disturbance, shall be allowed to attend such session, and nothing shall prohibit the Council from readmitting individuals not responsible for the disturbance.

G. Business of the Council/Council Committee Report. Business of the Council and Council Committee Reports presented by the Mayor or City Council members shall be limited to 6 minutes in order to improve the efficiency of meetings.

H. Public Participation. Any person may speak on any item pertaining to municipal affairs during the public comment period of the meeting. The Mayor shall also permit any person to address the City Council during each agenda item. Each member of the public wishing to address the City Council shall submit a “Request to Speak” form to the City Clerk. Persons addressing the City Council shall state their name and direct their comments to the Mayor and not to staff, the news representatives or the audience.

I. Removal of Disruptive Members of the Public. In compliance with the requirements of Government Code section 54957.95, the Mayor or presiding member of the City

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Council shall have the authority to order the removal of a member of the public disrupting a meeting. Prior to ordering the removal of the disruptive individual, the Mayor or presiding member of the City Council shall first warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. A person is deemed to be “disrupting” the meeting when they are engaging in behavior “that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:”

1. Failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Government Section 54954.3 or any other law; or

2. Engaging in behavior that constitutes use of force or a true threat of force. “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat. Any decision by the Mayor or presiding officer regarding removal from a meeting is subject to appeal to the Council.

J. Appeal of a Ruling by the Mayor or Presiding Officer as Chair. Any Council Member may appeal a ruling made by the Mayor or Presiding Officer as Chair to the full Council.

A motion to appeal a ruling of the Chair requires a second, and after debate, if it passes by a simple majority vote, then the ruling of the Mayor or Presiding Officer as Chair is deemed reversed. The motion can be phrased as follows: “I move to appeal the ruling of the Mayor/Chair that [briefly describe ruling] to the Council.” The motion must be made at the time of the ruling at issue. Once made, the motion requires a second. The motion is always in order, unless the Council is in the middle of considering another motion to appeal a different ruling. The motion is debateable. The vote is framed as whether the motion to override the Mayor’s decision should be passed - a “yes” vote overturns the Mayor’s decision and a “no” vote affirms the Mayor’s decision. If the Council majority votes yes, then the Mayor or Chair’s decision is overturned. If the Council majority votes no, then the Mayor or Chair’s decision stands.

SECTION 2. Resolution No. 4641-2011 is hereby repealed in its entirety.

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Page 6 of 6 ends

PASSED, APPROVED AND ADOPTED this 7
th day of, November, 2022.
________________________________
Paul Anthony Courtney, Dr.,B.A., Mayor
ATTEST:
________________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and ex officio Clerk of the City Council of the City of Barstow, DO HEREBY CERTIFY under penalty of perjury that the foregoing is a true and correct copy of Resolution No. 5108-2022 of said City which was adopted at a regular meeting of said Council held on the 7
TH day of November, 2022 by the following
vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________________
Andrea Flores, City Clerk

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Packet Pg. 149 Attachment: Reso 5108-2022 re Conduct of Meetings (5149 : Amendment to the City Council Rules for the Conduct of Its Meetings) Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg

EXHIBIT A

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ii
MISSION and CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

VISION
To be recognized and respected as the leading advocate for the common interests of California’s cities.

About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.

The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.

About the Author
Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.

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1 Table of Contents
About the Author............................................................................................................ii Introduction....................................................................................................................2 Establishing a Quorum...................................................................................................2 The Role of the Chair......................................................................................................2 The Basic Format for an Agenda Item Discussion........................................................2 Motions in General.........................................................................................................3 The Three Basic Motions................................................................................................3 Multiple Motions Before the Body.................................................................................4 To Debate or Not to Debate............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes................................................................................................................5 The Motion to Reconsider..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input..................................................................................7

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2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.

A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.

When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.

The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.

The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.

Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.

The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.

Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:

Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.

Hence, the birth of Rosenberg’s Rules of Order.

What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.

This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:

1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.

2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.

3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.

4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.

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3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.

Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body.”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.

Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings.”
The chair usually initiates the motion in one of three ways:

1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order.”

2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings.”

3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.

The Three Basic Motions
There are three motions that are the most common and recur often at meetings:

The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.

Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.

Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.

Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.

If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).

Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.

Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.

Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.

This is done in one of three ways:

1. The chair can ask the maker of the motion to repeat it;

2. The chair can repeat the motion; or

3. The chair can ask the secretary or the clerk of the body to repeat the motion.

Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.

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4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.

Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.

Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.

To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.

There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):

Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.

Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.

Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote.

The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.

The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.

A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend,” but the chair determines that it is really a “substitute motion,” then the chair’s designation governs.

A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion.” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.

Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.

The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.

When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows:

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5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.

Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.

Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.

Counting Votes
The matter of counting votes starts simple, but can become complicated.

Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.

If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.

What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.

Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.

In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October.” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.

Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question.” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.

However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.

When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.

Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a twothirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.

Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.

All motions require a simple majority, but there are a few exceptions.

The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:

Motion to limit debate. Whether a member says, “I move the previous question,” or “I move the question,” or “I call the question,” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.

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6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain,” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain.”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.

Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent.” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.

The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.

A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.

First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.

If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.

California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.

After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting,” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting.” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.

How does this work in practice?
Here are a few examples.

Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting.” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.

Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.

If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes,” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.

Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present.” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes,” one “no” and one “abstain,” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.

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7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.

Call for orders of the day. This is simply another way of saying, “return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed.

Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.

Special Notes About Public Input
The rules outlined above will help make meetings very publicfriendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:

Rule One: Tell the public what the body will be doing.

Rule Two: Keep the public informed while the body is doing it.

Rule Three: When the body has acted, tell the public what the body did.

Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.

The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.

Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.

Can a member of the body interrupt the speaker? The general rule is “no.” There are, however, exceptions. A speaker may be interrupted for the following reasons:

Privilege. The proper interruption would be, “point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.

Order. The proper interruption would be, “point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.

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Barstow City CouncilNovember 7, 2022

Barstow City Council
November 7, 2022