Agenda packet — Barstow City Council, September 18, 2023

REGULAR MEETING

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
SEPTEMBER 18, 2023
6:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA

REGULAR MEETING
Agenda-September 18, 2023

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MAYOR
Paul Anthony Courtney

COUNCILMEMBERS
James M. Noble
Carmen M. Hernandez
Barbara Mae Rose
Marilyn Dyer Kruse

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
James M. Noble
Carmen M. Hernandez
Barbara Mae Rose
Marilyn Dyer Kruse
CLOSED SESSION 6:00 PM
CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:
 Council Member Carmen Hernandez
 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 HANDING IT TO THE CITY
CLERK PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF
SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS
NOTICE MUST BE GIVEN TO THE CITY CLERK.

CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE
WILL REMEMBER THE "CODE OF ETHICS" THAT WE
VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS

MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH
PATIENCE, CIVILITY, AND COURTESY. THE DECISIONS MADE

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

Agenda-September 18, 2023

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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. CONFERENCE WITH LEGAL COUNSEL; INITIATION OF LITIGATION Recommended Action:

Conference with Legal Counsel; Initiation of Litigation (Gov’t Code section 54956.9(d)(4))
Number of Potential Cases: 2.

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:

INCLUDING ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A

SPEAKER REQUEST CARD AND HANDING IT TO THE CITY CLERK PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

CODE OF ETHICS:: AS YOUR ELECTED GOVERNING BOARD WE WILL REMEMBER THE "CODE OF ETHICS" THAT WE VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH PATIENCE, CIVILITY, AND COURTESY. THE DECISIONS

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

REVIEW AND APPROVAL OF AGENDA: THIS IS THE TIME FOR MEMBERS OF THE GOVERNING BOARD TO CALL FOR REARRANGING THE ORDER OF THE AGENDA; ADDING ITEMS TO OR REMOVING ITEMS FROM THE AGENDA; OR REMOVING ITEMS FROM THE CONSENT CALENDAR FOR DISCUSSION AND/OR SEPARATE ACTION.

PRESENTATIONS:

2. PRESENTATION FROM SKYLINE NORTH ELEMENTARY SCHOOL
Recommended Action:

Presentation only.

Agenda-September 18, 2023

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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.

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.

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.

MINUTES ALL AGENCIES:

3. MINUTES REGULAR MEETING - AUGUST 21, 2023, AT 5:30 P.M.

Recommended Action:

Approve minutes as presented.

4. MINUTES CLOSED SESSION - AUGUST 28, 2023, AT 5:30 P.M.

Recommended Action:

Approve minutes as presented.

ACCOUNTS PAYABLE ALL AGENCIES:

CITY COUNCIL:

5. ACCEPTANCE OF THE FY 2020 AND FY 2021 EDWARD BYRNE MEMORIAL JUSTICE

ASSISTANT GRANT (JAG) AWARD AS A SUB-RECIPIENT THROUGH THE SAN

BERNARDINO COUNTY FIRE PROTECTION DISTRICT, OFFICE OF EMERGENCY SERVICES.

Recommended Action:

Authorize staff to accept the sub-recipient award of the FY 2020 (Revenue 218.615.116.636) and FY 2021 (Revenue 218.615.116.637) Edward Byrne Memorial Justice Grant (JAG) in the amount of $39,818 and to appropriate funds in the amount of $39,818 to account numbers as follows:

1. 2020 JAG Grant
a. Expenditure - 218.218.218.07.724 $19,329

2. 2021 JAG Grant
b. Expenditure - 218.218.218.07.725 $21,050

6. RESOLUTION NO. 5142-2023 TEMPORARILY CLOSING CERTAIN STREETS WITHIN THE

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

Recommended Action:

Adopt Resolution No. 5142-2023, temporarily closing certain streets within the City of Barstow in accordance with California Vehicle Code Section 21101(e) for the Main Street USA Car Show, and waive the full reading.

7. RESOLUTION NO. 5143-2023 TEMPORARILY CLOSING CERTAIN STREETS WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH SECTION 21101(E) OF THE CALIFORNIA

VEHICLE CODE FOR THE MARDI GRAS PARADE
Recommended Action:

Adopt Resolution No. 5143-2023 temporarily closing certain streets within the City of Barstow in Agenda-September 18, 2023

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accordance with Section 21101(E) of the California Vehicle Code - Kiwanis Mardi Gras Parade), in which funds were appropriated in FY 2023/2024 from account number 102.150.542.07.755, and waive the full reading.

8. COMMUNITY PROMOTIONAL FUND APPLICATION FROM BARSTOW HIGH SCHOOL -

TIMOTHY BRINKLEY
Recommended Action:

Approve a Community Promotional Fund cash donation in the amount of $1,000 to Barstow High School.

9. APPOINT COUNCIL MEMBER CARMEN HERNANDEZ AS THE PRIMARY REPRESENTATIVE AND COUNCIL MEMBER MARILYN D. KRUSE AS THE ALTERNATE TO

THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) BOARD OF DIRECTORS Recommended Action:

1. Appoint Council Member Carmen Hernandez as representative to the SBCTA Board.

2. Appoint Council Member Marilyn D. Kruse as an alternate to the SBCTA Board.

10. ADOPTION OF AMENDMENTS TO CITY COUNCIL POLICY MEMORANDUM #2021-17, USE

AND OPERATION OF CITY VEHICLES BY ELECTED OFFICIALS
Recommended Action:

That the City Council adopt amendments to City Council Policy Memorandum #2021-17, Use and Operation of City Vehicles by Elected Officials.

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

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

PUBLIC HEARINGS:

11. PUBLIC INFORMATION REGARDING MARRIOTT HOTEL SUBSIDY AGREEMENT Recommended Action:

Staff recommends that the Council receive public comment and receive and file this economic development subsidy report.

BUSINESS / ACTION ITEMS:

CITY COUNCIL:

STAFF REPORTS:

CITY MANAGER'S AUGUST 2023 UPDATE
Recommended Action:

Receive and file.

ADJOURNMENT:

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

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

Agenda-September 18, 2023

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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 14 day of September, 2023.

Regular Meeting
09/18/23 06:00:PM
Maria Chavez
Doc ID: 5463

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL; INITIATION OF LITIGATION EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

RECOMMENDED ACTION:

Conference with Legal Counsel; Initiation of Litigation (Gov’t Code section 54956.9(d)(4))
Number of Potential Cases: 2.
1 Packet Pg. 6
Regular Meeting
09/18/23 06:00 PM
City Manager Department
Maribel Hernandez
Presentation
Doc ID: 5455

AGENDA ITEM
AGENDA MATTER:

PRESENTATION FROM SKYLINE NORTH ELEMENTARY SCHOOL
EXECUTIVE SUMMARY:

Faculty and students from Skyline North Elementary School will provide an update on recent and upcoming school events.

DISCUSSION:

Presentation only.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Presentation only.
2 Packet Pg. 7
Regular Meeting
09/18/23 06:00 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5464

AGENDA ITEM
AGENDA MATTER:

MINUTES REGULAR MEETING - AUGUST 21, 2023, AT 5:30 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
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REGULAR MEETING

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
AUGUST 21, 2023
5:30 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

REGULAR MEETING
Minutes-August 21, 2023

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CALL TO ORDER - CLOSED SESSION:

MAYOR COURTNEY called the Closed Session meeting to order at 5:30 P. M.

INVOCATION:

MAYOR PRO TEM NOBLE gave 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
Carmen Hernandez Council Member Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING

ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HANDING IT TO THE CITY CLERK. 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.

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

SPEAKERS

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Expressed concerns with the City settling lawsuits when the City is in financial trouble. - Expressed concerns with the lack of clarification on the dollar amounts of the settlements.

MIKE HERNANDEZ, BARSTOW, CALFORNIA
- Asked if MAYOR COURTNEY could be held personally liable for the lawsuits filed against the City.

MOTION TO GO INTO CLOSED SESSION:

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

1. CONFERENCE WITH LEGAL COUNSEL; INITIATION OF LITIGATION Recommended Action:

Conference with Legal Counsel; Initiation of Litigation (Gov’t Code section 54956.9(d)(4))
Number of Potential Cases: 1.

2. CONFERENCE WITH LEGAL COUNSEL: POTENTIAL FOR LITIGATION AGAINST THE CITY Recommended Action:

Pursuant to Government Code Section 54956.9(d)(2) & (e)(1) Facts & Circumstances Not Known to Potential Plaintiffs Number of Potential Cases: 2.

REPORT OF CLOSED SESSION:

ACTING CITY ATTORNEY ANDREW JARED reported the following:
- Stated that the City Council met in Closed Session to consider one item regarding initiation litigation, and two items regarding potential for litigation. Direction was provided to Council and staff and no reportable action was taken. MAYOR COURTNEY recused from Item 1 and COUNCILMEMBER ROSE recused from Item 2.

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

MAYOR COURTNEY called the Regular Meeting to order at 7:10 P.M.

INVOCATION:

PASTOR JAMES MILLA of CROSSROADS ASSEMBLY gave the invocation.

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Attachment: 08 21 2023 Minutes Final (5464 : Minutes Regular Meeting August 21, 2023 5:30 P.M.) Minutes-August 21, 2023

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PLEDGE OF ALLEGIANCE:

COUNCILMEMBER DYER KRUSE led the pledge of allegiance.

ROLL CALL:

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

Motion by COUNCILMEMBER HERNANDEZ, seconded by MAYOR PRO TEM NOBLE, and unanimously carried, to approve the agenda pulling Items 5 and 7 for discussion.

ACTING CITY ATTORNEY ANDREW JARED
- Stated that Items 10 and 11 were added after posting of the agenda in accordance with Government Code Section 54954.2(b)(1) related to the emergency situation. Also noted that the reference to civil unrest had been corrected to state the declaration of local emergency was a result of Tropical Storm Hilary.

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

3. PRESENTATION OF TAX INCREMENT FINANCING DISTRICTS - INITIAL ANALYSIS AND

PROGRESS
Recommended Action:

Presentation only.

FELICIA WILLIAMS AND JOSEPH DIEGUEZ OF KOSMONT COMPANIES - Provided a presentation on Tax Increment Financing Districts which included an initial analysis, a progress report, an update on the effort, and potential next steps.

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COUNCILMEMBER HERNANDEZ
- Discussed concerns with tax increment financing and stated that the presentation should have been done as a workshop with various stakeholders included.

SPEAKERS

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with Mello Roos and impacts on taxpayers.

KELLY PARKER, BARSTOW, CALIFORNIA
- Discussed concerns with tax increment financing.

TIM SILVA, BARSTOW, CALIFORNIA
- Discussed Barstow's public hearing in 2007 for a Community Facilities District (CFD) for Highland Trails Ranch.
- Asked what improvements would be funded by the CFD.

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

MINUTES ALL AGENCIES:

4. MINUTES CC BFPD - AUGUST 7, 2023, AT 5:00 P.M.

Recommended Action:

Approve minutes as presented.

CITY CLERK ANDREA FLORES
- Stated that the statement on Item 9 (page 9) of the minutes from CITY MANAGER WILLIE HOPKINS, JR. would be amended to state that MAYOR PRO TEM NOBLE and COUNCILMEMBER HERNANDEZ were reminded to recuse from voting instead of recommending that they recuse from voting on the item.

Motion by COUNCILMEMBER DYER KRUSE, seconded by MAYOR PRO TEM NOBLE, and unanimously carried, to approve the August 7, 2023 minutes as amended.

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

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Attachment: 08 21 2023 Minutes Final (5464 : Minutes Regular Meeting August 21, 2023 5:30 P.M.) Minutes-August 21, 2023

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CITY COUNCIL:

5. DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD SEPTEMBER 20 - 23, 2023
Recommended Action:

Designate Mayor Courtney as the voting delegate and Council Member Dyer Kruse as the alternate voting delegate of the City of Barstow for the 2023 League of California Cities Annual Conference to be held September 20 - 23, 2023, in Sacramento, CA.

COUNCILMEMBER ROSE
- Asked if the resolutions had been made available by the League of California Cities.

MAYOR COURTNEY
- Stated that the League of California Cities had not sent the resolutions to-date.

COUNCILMEMBER DYER KRUSE
- Stated that she received copies onsite at last year's Annual Conference as the alternate delegate.

COUNCILMEMBER ROSE
- Recommended COUNCILMEMBER DYER KRUSE be appointed the voting delegate.

SPEAKERS

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY serving as the voting delegate. - Expressed support for COUNCILMEMBER DYER KRUSE serving as the voting delegate.

MAYOR COURTNEY
- Asked Mr. Williams to stay on topic without personal attacks.

Motion by COUNCILMEMBER ROSE, seconded by COUNCILMEMBER HERNANDEZ, and carried 4-1, to allow Mr. Williams to continue with his comments adding one minute of time.

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Continued to discuss concerns with MAYOR COURTNEY serving as the voting delegate.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Expressed support for COUNCILMEMBER DYER KRUSE serving as the voting delegate.

KELLY PARKER, BARSTOW, CALIFORNIA
- Expressed support for COUNCILMEMBER HERNANDEZ serving as the voting delegate.

JIM BROWN, BARSTOW, CALIFORNIA
- Expressed support for COUNCILMEMBER DYER KRUSE serving as the voting delegate.

Motion by COUNCILMEMBER ROSE, seconded by COUNCILMEMBER HERNANDEZ, and carried 4-1, to appoint COUNCILMEMBER DYER KRUSE as the voting delegate and MAYOR COURTNEY as the alternate voting delegate.

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Attachment: 08 21 2023 Minutes Final (5464 : Minutes Regular Meeting August 21, 2023 5:30 P.M.) Minutes-August 21, 2023

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RESULT: APPROVED [4 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Hernandez
NAYS: Courtney

6. MEASURE I YEAR-END -UPDATE 2022/2023 REVISED
Recommended Action:

Staff recommends that the City Council take the following actions:

1. Approve the necessary expenditure appropriation adjustments to the Measure I Capital Improvement Projects (CIP), per Attachment A, and appropriate the associated expenditure and revenue transfer accounts to/from the Measure I Fund (209) and the Capital Improvement Project (CIP) Fund (400).

2. Direct staff to forward the report to SBCTA.

SPEAKERS

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked when funding would be available for street repairs.

KELLY PARKER, BARSTOW, CALIFORNIA
- Asked when funding would be available for street repairs.

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

7. EMPLOYMENT AGREEMENT FOR LIMITED DURATION FOR CITY ENGINEER SERVICES WITH MICHAEL B. STEWART
Recommended Action:

Staff recommends that the City Council

1. Adopt a Resolution of the City of Barstow No. 5139-2023, California Approving an Employment Agreement with Limited Duration City Engineer Michael B. Stewart; and

2. Approve the attached Limited Duration City Engineer employment agreement with Michael B.

Stewart.

ENGINEERING SERVICES ADMINISTRATOR DOMINGO GONZALES
- Presented the staff report as filed with the City Clerk.

COUNCILMEMBER HERNANDEZ
- Asked if Mr. Stewart's license was still valid.
- Recommended that the Council not consider the item until a valid license was confirmed.

ENGINEERING SERVICES ADMINISTRATOR DOMINGO GONZALES
- Confirmed that Mr. Stewart's license was valid and would confirm the renewal date.

CITY MANAGER WILLIE HOPKINS, JR.
- Stated that Mr. Stewart's license lapsing automatically voided the employment agreement.

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Attachment: 08 21 2023 Minutes Final (5464 : Minutes Regular Meeting August 21, 2023 5:30 P.M.) Minutes-August 21, 2023

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SPEAKERS

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if Mr. Stewart was current on all federal, state, and local laws.

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

8. AMENDMENT TO FY 2023-2024 PUBLICLY AVAILABLE PAY SCHEDULE (PAPS) Recommended Action:

Staff recommends that the City Council adopt Resolution No 5140-2023, approving the amended publicly available pay schedule (PAPS) (Attachment A) for FY 2023/2024 with an effective date of August 21, 2023.

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

9. FINAL ACCEPTANCE FOR THE POND PUMPING SYSTEM PROJECT, PROJECT WW-2022- 001
Recommended Action:

Staff recommends that the City Council take the following actions:

1. Approve the Final Acceptance of Project WW-2022-001, Pond Pumping System Project;

2. Authorize staff to file the attached Notice of Completion.

RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
DISCUSSION / ACTION ON DEFERRED ITEMS:

PUBLIC HEARINGS:

BUSINESS / ACTION ITEMS:

10. APPROVE RESOLUTION 5141-2023 PROCLAIMING EXISTENCE OF A LOCAL

EMERGENCY FOR THE CITY OF BARSTOW
Recommended Action:

Approve Resolution 5141-2023 proclaiming the existence of a local emergency for the City of Barstow and waive the full reading.

CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk. - Thanked all Emergency Operations Center, public safety, Public Works, and Marine Corps Logistics Base staff for their response.
- Stated that a local emergency declaration was needed in order to receive funding from the Federal Emergency Management Agency (FEMA).

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Motion by COUNCILMEMBER ROSE, seconded by MAYOR COURTNEY, and unanimously carried, to consider Items 10 and 11 together.

SPEAKERS

ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed concerns with the heavy traffic along Main Street and with Interstate 15.

LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with the lack of shelter for the homeless population during the recent tropical storm.

COUNCILMEMBER ROSE
- Thanked all Emergency Operations Center, public safety, Public Works, and Marine Corps Logistics Base staff for their response.
- Asked if there would be an after-action report on the incident.

CITY MANAGER WILLIE HOPKINS, JR.
- Stated that an after-action review would be conducted.

Discussion ensued regarding the local response to Tropical Storm Hilary.

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

11. DECLARATION OF LOCAL EMERGENCY WITHIN THE CITY OF BARSTOW Recommended Action:

Call a State of Emergency within the City of Barstow as a result of Tropical Storm Hilary.

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

SPEAKERS

JOHN HILL, BARSTOW, CALIFORNIA
- Proposed various community projects including preserving the 1st Street Bridge, an arts district proposal, and auto racing.

LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with the City's involvement with repayment of mileage reimbursements from MAYOR COURTNEY to the San Bernardino County Transportation Authority (SBCTA).

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KAMBIZ MOORIDI, BARSTOW, CALIFORNIA
- Commended CITY MANAGER WILLIE HOPKINS, JR.
- Expressed support for MAYOR COURTNEY.

TIM SILVA, BARSTOW, CALIFORNIA
- Thanked the Homeward Bound Committee for their donation of bottled water to Saint Joseph's Church.

KELLY PARKER, BARSTOW, CALIFORNIA
- Discussed suggestions for improvement to Coolwater Lane.

PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Expressed support for MAYOR COURTNEY and CITY MANAGER WILLIE HOPKINS, JR.

ROBERT GRAHAM, BARSTOW, CALIFORNIA
- Discussed concerns with the City Council.
- Thanked COUNCILMEMBER ROSE for her support during the US Veteran's Association's recent Kid's Day event.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Discussed the local response to Tropical Storm Hilary.

ET SNELL, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY.

ELIZABETH GIVENS, BARSTOW, CALIFORNIA
- Discussed concerns with smear campaigns against MAYOR COURTNEY, MAYOR PRO TEM NOBLE, and CITY MANAGER WILLIE HOPKINS, JR.

BRIAN ZANE, BARSTOW, CALIFORNIA
- Requested the door by the ADA ramp be unlocked for Council meetings. - Asked the Council to provide reports on their voting districts.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY's mileage reimbursements.

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with mailers circulating around town calling for the recall of COUNCILMEMBER ROSE.

JIM BROWN, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY and CITY MANAGER WILLIE HOPKINS, JR.

STAFF REPORTS:

CITY MANAGER'S JULY 2023 UPDATE
Recommended Action:

Receive and file.

RESULT: PRESENTATION ONLY

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Attachment: 08 21 2023 Minutes Final (5464 : Minutes Regular Meeting August 21, 2023 5:30 P.M.) Minutes-August 21, 2023

Page 10 of 10 ends

ADJOURNMENT:

By the consensus of the City Council and without objection, the meeting was adjourned at 9:41 P.M.

Respectfully Submitted: Approved:
_______________________________ _______________________________ Andrea Flores, City Clerk Paul Anthony Courtney, Dr. B.A. Mayor Notice: Signed Minutes are filed with the City Clerk’s office

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Attachment: 08 21 2023 Minutes Final (5464 : Minutes Regular Meeting August 21, 2023 5:30 P.M.) Regular Meeting
09/18/23 06:00 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5467

AGENDA ITEM
AGENDA MATTER:

MINUTES CLOSED SESSION - AUGUST 28, 2023, AT 5:30 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
4 Packet Pg. 19

BARSTOW CITY COUNCIL

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
AUGUST 28, 2023
5:30 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

CLOSED SESSION
Minutes-August 28, 2023

Page 1 of 2 ends

CALL TO ORDER:

MAYOR COURTNEY called the Closed Session meeting to order at 5:33 P.M.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER KRUSE led the pledge of allegiance.

ROLL CALL:

Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Absent
Carmen Hernandez Council Member Present
Marilyn Dyer Kruse Council Member Present
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A “REQUEST TO SPEAK” FORM AND HAND TO THE CITY CLERK. 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.

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

NO SPEAKERS WERE PRESENT.

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Attachment: 08 28 2023 Minutes FINAL (5467 : Minutes Closed Session August 28, 2023 5:30 P.M.) Minutes-August 28, 2023

Page 2 of 2 ends

MOTION TO GO INTO CLOSED SESSION:

RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Hernandez, Kruse, Rose, Courtney
ABSENT: Noble
CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL: POTENTIAL FOR LITIGATION AGAINST THE CITY Pursuant to Government Code Section 54956.9(d)(2) & (e)(1) 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: 1
REPORT OF CLOSED SESSION:

The report will be given at the September 18, 2023 meeting.

ADJOURNMENT:

By the consensus of the City Council and without objection, the meeting was adjourned at 7:30 P.M.

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Attachment: 08 28 2023 Minutes FINAL (5467 : Minutes Closed Session August 28, 2023 5:30 P.M.) Regular Meeting
09/18/23 06:00 PM
Police
Andy Espinoza Jr.

Grant
Doc ID: 5456

AGENDA ITEM
AGENDA MATTER:

ACCEPTANCE OF THE FY 2020 AND FY 2021 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANT

GRANT (JAG) AWARD AS A SUB-RECIPIENT THROUGH THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT, OFFICE OF EMERGENCY SERVICES.

EXECUTIVE SUMMARY:

Staff is recommending that the Council approve the acceptance of the FY 2020 and FY 2021 Edward Byrne Justice Assistance Grant (JAG) award in the amount of $39,818 for the purchase of equipment used by law enforcement within the City of Barstow.

DISCUSSION:

The Edward Byrne Justice Assistance Grant (JAG) through the San Bernardino County Law and Justice Group has awarded the City of Barstow funds under the FY 2020 and FY 2021 Edward Byrne Memorial Justice Grant. As a sub-recipient under this grant, the City will receive $39,818.

The San Bernardino County Law and Justice Group will act as the fiscal agent/administrator for this grant and will be responsible for all fiscal and progress reporting. The City of Barstow, as a sub-recipient of this grant, will be responsible for the procurement of the approved equipment, quarterly reporting, and compliance with funding requirements as set forth by the Federal Funding Accountability and Transparency Act of 2006 (FFATA).

The Barstow Police Department, as the law enforcement sub-recipient under the JAG, has been awarded funding for the following equipment:
1) Off-Road Patrol Vehicle (2020)
$21,050
2) Equipment to Outfit Off-Road Vehicle such as Radio and Emergency Lighting (2021) $20,384 Grant Total $39,818
FISCAL IMPACT:

There are no matching funds required for this grant. This is a pre-funded grant and the City of Barstow has received $39,818 for the purchase of the listed equipment.

RECOMMENDED ACTION:

1. 2020 JAG Grant
a. Expenditure - 218.218.218.07.724 $19,329
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Regular Meeting
09/18/23 06:00 PM
Police
Andy Espinoza Jr.

Grant
Doc ID: 5456

AGENDA ITEM

2. 2021 JAG Grant
b. Expenditure - 218.218.218.07.725 $21,050
5 Packet Pg. 23
Regular Meeting
09/18/23 06:00 PM
City Manager Department
Maribel Hernandez
Resolution
Doc ID: 5459

COUNCIL RESOLUTION
AGENDA MATTER:

RESOLUTION NO. 5142-2023 OF THE CITY COUNCIL OF THE CITY OF BARSTOW TEMPORARILY

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

EXECUTIVE SUMMARY:

The Saturday Night Cruisers of Barstow are once again sponsoring the Main Street USA Car Show, and the organization is requesting that the City authorize the street closure.

DISCUSSION:

The Saturday Night Cruisers are sponsoring the 24th Annual Main Street USA Car Show to be held on Saturday, October 14, 2023. They are requesting approval of the necessary street closure of East Main Street from Barstow Road to First Avenue (barricades to be placed on the east side of First Avenue), including delivery, set up, and takedown of the barricades by Public Services staff.

Saturday Night Cruisers will be providing proof of insurance for this event. The Public Works Department estimates their staff time costs to be approximately $3,486.00, which is included in the budget.

FISCAL IMPACT:
$3,486.00 from the Community Promotional Fund Account No. 120.150.542.07.755.

RECOMMENDED ACTION:

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

CALIFORNIA TEMPORARILY CLOSING CERTAIN STREETS WITHIN THE CITY OF

BARSTOW IN ACCORDANCE WITH CALIFORNIA VEHICLE CODE SECTION 21101(E) FOR THE MAIN STREET USA CAR SHOW
WHEREAS, Section 21101(e) of the California Vehicle Code authorizes the City Council to adopt rules and regulations temporarily closing a portion of any street for celebrations, parades, local special events, and other purposes when, in the opinion of the local authority having jurisdiction, such closure is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closure; and WHEREAS, the City Council of the City of Barstow does hereby find that the temporary closure of certain streets within the City of Barstow for the proposed Main Street USA Car Show is in the community interest;
WHEREAS, the City Council of the City of Barstow, having considered all evidence, testimony, and related information presented in public at the regularly scheduled meeting of Monday, September 18, 2023, further finds:

A. That the Main Street USA Car Show appeals to a broad segment of residents of the City of Barstow and does not primarily appeal to the members of any limited or special interest group.

B. That the Main Street USA Car Show does not discriminate against any person or group because of race, creed, color, sex, age or national origin.

C. That the Main Street USA Car Show is not primarily of a religious or sectarian nature.

D. That participants in the Main Street USA Car Show represent a cross-section of the general population of the City of Barstow and of the greater Barstow area.

E. That no monies accruing to the Saturday Night Cruisers as a result of the Main Street USA Car Show will be used to defray general expenses of the Saturday Night Cruisers; nor will any benefit accrue to any individual, partnership or corporation associated with the Saturday Night Cruisers.

NOW THEREFORE, BE IT RESOLVED THAT:

1. The City Council of the City of Barstow hereby authorizes the closure of the following street within the City of Barstow on Saturday, October 14, 2023, commencing at 5:30 a.m. and ending at 3:00 p.m.:

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Attachment: Reso Street Closure car show (5459 : Resolution 5142-2023 for the Street Closure for the Saturday Night Cruisers) City Council Resolution No. 5142-2023 2
 Main Street between Barstow Road and First Avenue (barricades to be placed on the east side of First Street).

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

3. The City Council does hereby condition such closure upon the establishment of adequate detours by the Chief of Police to facilitate travel within the City.

4. The City Council does hereby authorize the Director of Public Safety to reopen such streets following the completion of the Main Street USA Run on Main Street, but in no case later than 3:00 p.m.

PASSED, APPROVED AND ADOPTED this 18th day of September, 2023. ________________________________
Paul Anthony Courtney, Dr.B.A. Mayor

ATTEST:
_________________________________
Andrea Flores, City Clerk

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Attachment: Reso Street Closure car show (5459 : Resolution 5142-2023 for the Street Closure for the Saturday Night Cruisers) City Council Resolution No. 5142-2023 3
I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the City Council DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No. 5142-2022, was adopted by said City Council at a regular meeting held on the 18th day of September 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
Andrea Flores, City Clerk

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Attachment: Reso Street Closure car show (5459 : Resolution 5142-2023 for the Street Closure for the Saturday Night Cruisers) Regular Meeting
09/18/23 06:00 PM
City Manager Department
Maribel Hernandez
Resolution
Doc ID: 5458

COUNCIL RESOLUTION
AGENDA MATTER:

RESOLUTION NO. 5143-2023 TEMPORARILY CLOSING CERTAIN STREETS WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH SECTION 21101(E) OF THE CALIFORNIA VEHICLE CODE FOR

THE MARDI GRAS PARADE
EXECUTIVE SUMMARY:

The annual Mardi Gras Parade is scheduled for Saturday, October 21, 2023. The Kiwanis Club of Barstow Crossroads is responsible for organizing the parade and is requesting to close certain streets within the City of Barstow as has been done in the past for the conduct of the annual Mardi Gras Parade.

The costs of Public Works and Police services are included in Fiscal Year 2023/2024 adopted budget.

DISCUSSION:

The Kiwanis Club of Barstow Crossroads is responsible for organizing the annual Mardi Gras Parade and is requesting the closure of certain streets within the City of Barstow to conduct the parade, which is scheduled for Saturday, October 21, 2023. Kiwanis has also requested the use of the parking lot on the north side of E. Williams Street between Barstow Road and Second Avenue as a staging area for the parade.

The cost of providing the requested street closure services, including placement of the required barricades, use of City equipment, and police security services, is approximately $16,064 and allocated as follows.

Public Works $ 10,500.00
Police Department $ 5,564.00
Total $ 16,064.00
During the regular Council meeting on July 17, 2023, the City Council approved the allocation of $16,064 from the Measure Q adopted budget to cover the annual costs of the City-supported event. The Kiwanis Club of Barstow Crossroads will provide proof of insurance for the parade.

FISCAL IMPACT:

Appropriated funds in the amount of $16,064 for this event were included in the Fiscal Year 2023/2024 Budget, Account No.102.150.542.07.755 (Measure Q).

RECOMMENDED ACTION:

Adopt Resolution No. 5143-2023 temporarily closing certain streets within the City of Barstow in accordance with Section 21101(E) of the California Vehicle Code - Kiwanis Mardi Gras Parade), in which funds were appropriated in FY 2023/2024 from account number 102.150.542.07.755, and waive the full reading.
7 Packet Pg. 28
Resolution No. 5143-2023 1
RESOLUTION NO. 5143-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW

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

GRAS PARADE
WHEREAS, California Vehicle Code Section 21101(e) authorizes the City Council to adopt regulations temporarily closing a portion of any street for celebrations, parades, local special events, and other purposes, when in the opinion of the local authority having jurisdiction, such closure is necessary for the safety and protection of persons who are to use that portion of any street during the temporary closure, and;
WHEREAS, the City Council does hereby find that the temporary closure of certain streets within the City of Barstow for the annual Mardi Gras Parade is in the community interest; and
WHEREAS, the City Council of the City of Barstow, having considered all evidence, testimony, and related information presented in public at the regularly scheduled meeting of September 18, 2023, does hereby find as follows:

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

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

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

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

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

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

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Attachment: Reso Street Closure (5458 : Resolution 5143-2023 for Street Closures for Mardi Gras Parade) Resolution No. 5143-2023 2
NOW, THEREFORE, BE IT RESOLVED THAT:

1. The City Council of the City of Barstow hereby authorizes the closure of the following streets within the City of Barstow on Saturday, October 21, 2023:
a. Barstow Road from Mt. View to Main Street, commencing at 3:00 p.m.
b. Pioneer Street at Barstow Road, commencing at 3:00 p.m. c. Buena Vista at Barstow Road, commencing at 3:00 p.m. d. Fredricks Street at Barstow Road, commencing at 3:00 p.m. e. Williams Street at Barstow Road, commencing at 3:00 p.m. f. Williams Street from Barstow Road to Second Ave, commencing at 3:00 p.m.
g. Second Avenue from Williams Street to Main Street, commencing at 3:00 p.m.
h. Main Street from First Street to Barstow Road, commencing at 3:00 p.m.
i. Main Street from Barstow Road to Eastgate Road, commencing at 5:00 p.m.
j. Third Street at Main Street, commencing at 5:00 p.m. k. North Muriel Drive at Main Street, commencing at 5:00 p.m. l. Sixth Street from Main Street to Williams Street, commencing at 5:00 p.m.
m. Seventh Street from Main Street to Williams Street, commencing at 5:00 p.m.
n. Muriel from Main Street to Williams Street, commencing at 5:00 p.m.
o. Yucca Street at Main Street, commencing at 5:00 p.m. p. Mountain View at Main Street, commencing at 5:00 p.m. q. Eastgate Road at Main Street, commencing at 5:00 p.m. r. Coolwater Lane from East Main Street to Roberta, commencing at 5:00 p.m.
s. Fifth Street from Main Street to Clark Street, commencing at 5:00 p.m.
t. Sixth Street from Main Street to Clark Street, commencing at 5:00 p.m.
u. Seventh Street from Main Street to Clark Street, commencing at 5:00 p.m.

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

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Attachment: Reso Street Closure (5458 : Resolution 5143-2023 for Street Closures for Mardi Gras Parade) Resolution No. 5143-2023 3

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

4. The City Council does hereby authorize the Director of Public Safety to reopen such streets following the completion of the Mardi Gras Parade, but in no case later than 11:00 p.m., Saturday, October 21, 2023.

PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF SEPTEMBER 2023.
_______________________________
Paul Anthony Courtney, Dr.B.A., Mayor
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. 5143-2023 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 18th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT/VACANT:

ABSTAIN:
________________________________
Andrea Flores, City Clerk

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Attachment: Reso Street Closure (5458 : Resolution 5143-2023 for Street Closures for Mardi Gras Parade) Regular Meeting
09/18/23 06:00 PM
City Manager Department
Maribel Hernandez
Community Promotion
Doc ID: 5472

AGENDA ITEM
AGENDA MATTER:

COMMUNITY PROMOTIONAL FUND APPLICATION FROM BARSTOW HIGH SCHOOL - TIMOTHY

BRINKLEY
EXECUTIVE SUMMARY:

Timothy Brinkley, a teacher at Barstow High School, is seeking financial aid to cover transportation costs for students and community members to participate in a Beach Clean Up Day at Newport Beach on October 23, 2023.

DISCUSSION:

Timothy Brinkley, a teacher at Barstow High School, is searching for financial assistance to cover transportation expenses for students and community members who want to participate in a Beach Clean Up Day at Newport Beach on October 23, 2023. This opportunity allows participants to get more involved and informed about the detrimental effects of pollution.

The application and supporting documents are attached for your review.

FISCAL IMPACT:

Request for a cash donation in the amount of $1000 to be charged to Measure Q Community Promotional Fund 102.150.542.07.755.

RECOMMENDED ACTION:

Approve a Community Promotional Fund cash donation in the amount of $1,000 to Barstow High School. 8 Packet Pg. 32

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Attachment: Beach Clean Up Day (5472 : Community Promotional Fund Application from Barstow High School)

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Attachment: Beach Clean Up Day (5472 : Community Promotional Fund Application from Barstow High School)

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Attachment: Beach Clean Up Day (5472 : Community Promotional Fund Application from Barstow High School)

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Attachment: Beach Clean Up Day (5472 : Community Promotional Fund Application from Barstow High School)

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Attachment: Beach Clean Up Day (5472 : Community Promotional Fund Application from Barstow High School) Regular Meeting
09/18/23 06:00 PM
City Manager Department
Willie A Hopkins
Appointment
Doc ID: 5460

COUNCIL AGENDA ITEM
AGENDA MATTER:

APPOINT COUNCIL MEMBER CARMEN HERNANDEZ AS THE PRIMARY REPRESENTATIVE AND COUNCIL MEMBER MARILYN D. KRUSE AS THE ALTERNATE TO THE SAN BERNARDINO

COUNTY TRANSPORTATION AUTHORITY (SBCTA) BOARD OF DIRECTORS EXECUTIVE SUMMARY:

Mayor Courtney resigned from the SBCTA Board of Directors, effective August 11, 2023. As a result, the City Council has been asked to appoint a new representative. Council Member Carmen Hernandez will serve as the Primary Representative and Council Member Marilyn D. Kruse as the Alternate. The Primary Representative and Alternate will be responsible for advocating for Barstow's interests in transportation planning, funding, and policy decisions within San Bernardino County.

DISCUSSION:

The San Bernardino County Transportation Authority (SBCTA) plays a crucial role in the development and implementation of transportation projects and policies within our county. As a member agency, it is essential for the City to have a representative and an alternate on the SBCTA Board to ensure that our community's interests are adequately represented and protected.

Mayor Courtney resigned from the San Bernardino County Transportation Authority (SBCTA) Board of Directors effective August 11, 2023. The City Council is asked to appoint Council Member Carmen Hernandez as the Primary Representative and Council Member Marilyn D. Kruse as the alternate to serve on the SBCTA Board. The Primary and Alternate will be responsible for representing Barstow’s interests in matters related to transportation planning, funding, and policy decisions within San Bernardino County.

For your reference, a summary of the current City Council Committees is attached.

FISCAL IMPACT:

RECOMMENDED ACTION:

1. Appoint Council Member Carmen Hernandez as representative to the SBCTA Board.

2. Appoint Council Member Marilyn D. Kruse as alternate to the SBCTA Board. 9 Packet Pg. 38

CITY COUNCIL REORGANIZATION / COMMITTEES
2023
Reorganized & approved 12/19/22

CITY COUNCIL
Mayor Paul Anthony Courtney
Mayor Pro Tem James Noble

BARSTOW FIRE PROTECTION DISTRICT (BFPD)
BFPD Chair Paul Anthony Courtney
BFPD Vice Chair James Noble
OUTSIDE COMMITTEES Representative Alternate
Barstow Area Chamber of Commerce Paul Anthony Courtney James Noble League of Cities Paul Anthony Courtney James Noble
Military Affairs James Noble Barbara Rose
Mojave Desert Air Quality Management
District (MDAQMD) Carmen Hernandez James Noble
San Bernardino County Transportation
Authority (SBCTA) Paul Anthony Courtney Carmen Hernandez Solid Waste Advisory Task Force
(SWAT) / Solid Waste Joint Powers
Authority (JPA)
Marilyn Dyer Kruse James Noble
Southern CA Association of
Governments (SCAG) Paul Anthony Courtney Marilyn Dyer Kruse Southern California Edison Government
Advisory Panel (GAP) Carmen Hernandez Marilyn Dyer Kruse Victor Valley Transit Authority (VVTA) James Noble Marilyn Dyer Kruse INTERNAL CITY COMMITTEES Representatives
Finance / Audit Committee Marilyn Dyer Kruse Carmen Hernandez Homeward Bound Ad Hoc Committee Barbara Rose
Carmen Hernandez
Public Members: Angela
Pasco-Ortez, Edith
Seehafer, Elaine Villareal
Rules & Policies / Health & Safety
Committee Barbara Rose Marilyn Dyer Kruse
Street Committee Marilyn Dyer Kruse
Carmen Hernandez
Public Members:

Mike Hernandez

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Attachment: Council Committees Reorg Assignments 12 19 22 Update (5460 : Appoint a Representative and Alternative to SBCTA Board) Updated Council Reorganization 12/19/2022
1 CITY COUNCIL COMMITTEE DESCRIPTIONS
Barstow Area Chamber of Commerce
The Barstow Area Chamber of Commerce and Visitors Bureau is a voluntary organization of businesses and professionals with mutual interests in promoting commerce and tourism throughout the region. The City’s liaison with the Barstow Area Chamber of Commerce is a Council Member who serves as the link between the Council and the Chamber. The individual selected represents the City on the Barstow Area Chamber of Commerce and Visitor’s Bureau Board of Directors as a non-voting, advisory member.

The Chamber Board of Directors meets monthly on the second Wednesday at 7:00 a.m. at the Chamber. The Economic Development meeting is the last Wednesday of the month at 8:00 a.m. via Zoom. The Chamber breakfast is held on the third Tuesday at 7:30 a.m. at the Los Domingos Restaurant.

Finance/Audit Committee
The Finance Committee's function is to review matters pertaining to the finances of the City. These matters include, but are not limited to, reviewing interim financial statements, cash and investment reports, the City's annual independent audit, City fees and service charges and budgets.

The Finance Committee meets as needed.

Homeward Bound Ad Hoc Committee
The Homeward Bound Ad Hoc Committee's functions are to: 1) Examine issues within the City of Barstow related to homelessness and food insecurity; and 2) to review policy issues related to the City of Barstow homeless population and response functions as referred by the City Council or the City Manager.

The Homeward Bound Ad Hoc Committee meets on the second Wednesday of each month at 5:00 p.m. in the Council Chambers.

League of California Cities
The League of California Cities is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so that they may influence policy decisions that affect cities. The state is divided into divisions, and Barstow is part of the Desert Mountain Division.

Meetings are quarterly in one of the desert or mountain cities on a division level and quarterly on the state level. City pays expenses.

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Attachment: City Council Committee Descriptions 12 19 22 Update (5460 : Appoint a Representative and Alternative to SBCTA Board) Updated Council Reorganization 12/19/2022
2 Military Affairs Committee
The purpose of the Military Affairs Committee is to foster support and commit to the needs of military members and families who are assigned, attached to, or retired in our area by showcasing a military-inclusive community and the business community.

The Committee will focus on good will among the military installations and a shared understanding of “what it is like to serve in the military away from home” to create an atmosphere of understanding among the military and the local business community.

Meetings are held monthly on the second Tuesday of each month at 8:00 a.m. at the Quality Inn, Barstow.

Mojave Desert Air Quality Management District (MDAQMD) Board of Directors The MDAQMD's Board is the decision-making-body for the District. The Board is responsible for adopting rules, setting policies and providing direction on important air quality issues that affect the Mojave Desert. This thirteen-member body is comprised of representatives for each municipality and County supervisorial districts located within the MDAQMD’s boundaries, and one public member appointed by the balance of the Board.

This Board meets once a month in Victorville (the fourth Monday; meetings start at 10:00 a.m.). $100 a meeting, plus mileage.

Rules and Policies Committee
The Rules and Policies Committee was formed to review the City’s Personnel Policies and Procedures and Classification Plan for compliance with the Barstow Municipal Code and federal and state law and for competitiveness within the public service market. Additionally, the Committee will address public health and safety issues and to coordinate with various City departments to address these issues.

The Rules and Policies Committee meets the last Tuesday of each month at 9:00 a.m.

San Bernardino County Transportation Authority (SBCTA) – formally known as SANBAG / MEASURE I Committee
SBCTA is responsible for cooperative regional transportation planning and furthering an efficient multi-modal system for San Bernardino County. Each city in San Bernardino County has a representative on this regional Board.

The City’s representative must attend the Board meeting, which is the first Wednesday of each month at 10:00 a.m. The representative has the option of attending administrative committee meetings within SBCTRA. The representative is expected to attend the Mountain/Desert Policy Committee meetings, which meets regularly on the 3rd Friday of every month in Victorville, CA at 9:30 a.m. The representative receives $200.00 per meeting for the Board and $100.00 per meeting for the Mountain/Desert Policy Committee; $400 per month cap.

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Attachment: City Council Committee Descriptions 12 19 22 Update (5460 : Appoint a Representative and Alternative to SBCTA Board) Updated Council Reorganization 12/19/2022
3 Solid Waste Advisory Task Force (SWAT) and Solid Waste Joint Powers Authority JPA
a) Solid Waste Advisory Task Force (SWAT) – Originally created to provide oversight of the county landfill system as the landfills were being closed with five regional landfills created within the county to serve the area. Much of the work is already done and now the committee meets to voice opinion on current practices involving solid waste management of the landfill and waste streams.

SWAT meets infrequently, and is not a paid position.
b) Solid Waste Joint Powers Authority (JPA) – Formed to support the creation of the Materials Recovery Facility for Victorville and Apple Valley in 1992. As members of the JPA, the communities work together on common solid waste concerns and provide local legislative support when necessary.

The Solid Waste JPA meets quarterly and each representative receives $75.00 plus mileage.

Southern California Association of Governments (SCAG)
SCAG develops long-range regional transportation plans including sustainable communities strategy and growth forecast components, regional transportation improvement programs, regional housing needs allocations and a portion of the South Coast Air Quality management plans. SCAG represents six counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino and Ventura) and 191 cities.

The organization meets once a month (Thursday afternoons at 12:30 p.m.) in Los Angeles. The City pays the expenses to attend these meetings.

Southern California Edison Government Advisory Panel (GAP) The primary purpose of the GAP is to foster an open dialogue between SCE and local government entities for discussions on safe, reliable and clean electric service.

The panel will meet three to four times a year at various locations.

The organization will meet three to four times a year at various locations.

Street Committee
The Street Committee was formed to review policy issues related to the public works functions of the City and to review proposed capital improvement projects for public works functions and to recommend prioritization of each.

The Street Committee meets on the first Wednesday of each month at 5:00 p.m.

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Attachment: City Council Committee Descriptions 12 19 22 Update (5460 : Appoint a Representative and Alternative to SBCTA Board) Updated Council Reorganization 12/19/2022
4 Victor Valley Transit Authority (VVTA) Board of Directors The Board of Directors is the governing body for the VVTA. The Board is responsible for setting policies and providing direction on issues that affect transit operations.

The Board meets monthly on the third Monday of each month at 9:30 a.m. The representative receives $125.00 per meeting.

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Attachment: City Council Committee Descriptions 12 19 22 Update (5460 : Appoint a Representative and Alternative to SBCTA Board) Regular Meeting
09/18/23 06:00 PM
City Manager Department
Willie A Hopkins
Policy
Doc ID: 5469

AGENDA ITEM
AGENDA MATTER:

ADOPTION OF AMENDMENTS TO CITY COUNCIL POLICY MEMORANDUM #2021-17, USE AND

OPERATION OF CITY VEHICLES BY ELECTED OFFICIALS
EXECUTIVE SUMMARY:

On October 4, 2021, the City Council adopted City Council Policy Memorandum #2021-17, Use and Operations of City Vehicles by Elected Officials. At their August 29, 2023 meeting, the Rules and Policy Committee recommended amending the policy to include procedures on reporting a damaged or disabled vehicle along with extending the time for use of the vehicle. The City Council is asked to adopt the amended policy governing the use and operation of City-owned vehicles by the City’s elected officials.

Redlined changes to the policy are attached.

DISCUSSION:

The City recognizes that elected officials including members of the City Council, the Mayor, the City Treasurer, and the City Clerk may need to make use of City-owned vehicles for City business. The purpose of this policy is to promulgate standards for elected officials who operate a City-owned vehicle on City business.

Elected Officials are not assigned a vehicle but may use vehicles in the City’s vehicle pool subject to the terms of the Policy. Unauthorized personal use of a City-owned vehicle is not permitted and may result in loss of vehicle privileges. Permission to operate a City-owned vehicle must be given by the City Manager or his/her designated representative. Elected Officials shall operate all City-owned vehicles in a safe manner and comply with all terms of the adopted policy.

Redlined changes to the policy are attached.

FISCAL IMPACT:

There are no fiscal impacts at this time.

RECOMMENDED ACTION:

That the City Council adopt amendments to City Council Policy Memorandum #2021-17, Use and Operation of City Vehicles by Elected Officials.
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Offices of the City Council
220 East Mountain View
Barstow, California 92311-2888
(760) 256-3531
City of Barstow
City Council Policy Memorandum
To: City Manager
From: City Council
CC: City Clerk, Treasurer, and City Attorney
Effective DateDate Adopted: October 4, 2021
Date Revised:

Subject: City Council Policy Memorandum #2021-17, Use and Operation Of City Vehicles by Elected Officials

INTRODUCTION
The City recognizes that elected officials including members of the City Council, the Mayor, the City Treasurer, and City Clerk need to make use of City owned vehicles. The purpose of this policy is to promulgate standards for Elected officials who operate a City-owned vehicle on City business.

POLICY
Elected Officials are not assigned a vehicle but may use vehicles in the City’s vehicle pool subject to the Policy.

Unauthorized personal use of a City-owned vehicle is not permitted and may result in loss of vehicle privileges.

Permission to operate a City-owned vehicle must be given by the City Manager or his/her designated representative. Elected Officials shall operate all City-owned vehicles in a safe and economical manner. To accomplish this, these practices must be followed:

USE OF CITY VEHICLES
Elected Officials’ privilege to operate a vehicle on official City business extends only if the driver operates the vehicle in a safe and efficient manner. City-owned vehicles shall be legally and appropriately operated and/or parked at all times. Proper care in operating the assigned vehicle, including the use of seat belts, following posted speed limits, and obeying all other traffic signs and rules, shall be exercised. City-owned vehicles must be checked out from the City Manager or his/her designated representative and shall be driven for official use only. Personal, political, or campaign related use of City-owned vehicles is not permitted.

Vehicles will be operated only when they are in safe operating condition. Each Elected Official driving a vehicle on official city business shall visually inspect the vehicle to assure it is in sound operating condition. The driver shall check to ensure that the vehicle lights, turn signals, brake lights, and other safety equipment are functional on the City owned vehicle.

All drivers must have a valid California driver's license and must show proof of insurance coverage to at least the minimum levels required by California law. Elected Officials who use City vehicles must provide a copy of their proof of insurance to the City Manager, before their first use of a City vehicle and must maintain current proof of insurance on file with the City.

No unauthorized drivers will be allowed to operate a city vehicle. Passengers, including family members, are allowed only if they are accompanying the Elected Official when the Elected Official must be away on extended overnight City business. This will require advance approval of the City Manager on a case-by-case basis.

Any damage to, or malfunction of the City Vehicle, accidents, and/or citations and infractions shall be reported, orally in writing, to the City Manager or his/her designated representative as soon as it is safe to do so, followed by a written report within 24 hours. possible. but no later than within one (1) business day. If a violation of State

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law or local motor vehicle laws occurs, the driver shall must be personally liable for any criminal or civil penalty incurred. Drivers shall also provide the City Manager or his/her designated representative written proof that tickets received have been paid within the required time frame by law.

Financial assessments related to City-owned vehicles incurred because of the driver's poor judgment, irresponsibility, or negligence, will be the responsibility of the Elected Official. Such charges or assessments may include, but are not limited to, tow charges, tolls, and tickets.

Use of City-owned vehicles while under the influence of alcohol, cannabis, or illegal drugs is forbidden. Use of City-owned vehicles while under the influence of legal medication affecting the ability to drive (including but not limited to certain types of cold medicine, allergy medicine, and/or anti-depressants) is forbidden.

Elected Officials using a City-owned vehicle are to use a City credit cardCity fuel card for refueling and maintenance. The driver will ensure refueling and service stations accept the City credit cardCity fuel card before refueling or authorizing service. Before taking a vehicle out for use, the driver must also check the fuel and assess if additional fuel will be needed, and if so, bring the City credit cardCity fuel card and purchase the fuel.

Elected Officials using a City-owned vehicle are to purchase fuel at self-service pumps, unless forbidden to do so by State or Federal law. All Elected Officials using a City-owned vehicle are to purchase only "Regular" unleaded gasoline with an octane rating of 87 unless the vehicle requires an alternative fuel. Repairs of Cityowned vehicles require approval of the City Manager or his/her designated representative.

The following procedure shall be followed if a City-owned vehicle malfunctions or is damaged and/or disabled during travel:

1. If a situation occurs where the City-owned vehicle becomes unsafe to operate due to a breakdown, flat tire, mechanical failure, or any other reason, prioritize the safety of yourself and others on the road.

Move the vehicle to a safe location, if possible, and turn on hazard lights.

2. Provide an oral report to the City Manager or his/her designated representative as it is safe to do so, followed by a written report within 24 hours.

3. It's important to document the situation by taking photos of the vehicle's condition, the location, and any relevant details. This documentation might be required for insurance purposes or to support claims related to the incident.

4. Depending on the circumstances, keep any records of expenses incurred due to the roadside assistance, such as towing fees or repair costs. Expenses incurred will be reimbursed in accordance with City Council Policy Memorandum #2022-18, Expense Reimbursement Policy for Elected and Appointed Officials.

City vehicles shall not be taken home overnight except:

A. Elected Officials may take a City-owned vehicle home for one night when attendance at an off-site Cityrelated meeting takes place after or before normal working hours subject to approval of the City Manager or designated representative. City-owned vehicle must be parked off the street at the Elected Official’s home. (i.e., driveway or garage). City-owned vehicles may not be parked overnight at bars, restaurants, nightclubs, or other recreational locations without specific authorization from the City Manager or his/her designated representative.

B. City-owned vehicle shall be returned at the earliest practical time the day after any overnight usage.

PROHIBITED USE OF CITY VEHICLES
Any and all unauthorized use of a City-owned vehicle is absolutely prohibited. Unauthorized use includes, but is not limited, to:

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1. Any use for personal, political, or campaign related purposes, other than immediately incidental to official City use.

2. Travel or tasks beyond the vehicle's rated capability or capacity.

3. Transport of families, friends, associates, or other persons who are not employees, officials, or contractors of the City or serving the interest of the City.

4. Transport of cargo that has no relation to the performance of official City business.

5. Transport of acids, alcohol, explosives, weapons, ammunition, or highly flammable material, except in City business and in compliance with all Local, State, and Federal laws.

6. Transport of any item or equipment projecting from the side, front, or rear of the vehicle in a way which constitutes an obstruction to safe driving or a hazard to pedestrians or other vehicles.

7. Attending sporting events, including hunting and fishing, which are not in the service of City business.

8. Extending the time the vehicle is in your possession beyond that which is required to complete the official City purpose of the trip unless approved by the City Manager or his/her designated representative.

9. Operating a City-owned vehicle while under the influence of alcohol, cannabis, illegal drugs, or legal medication affecting the ability to drive (including but not limited to certain types of cold medicine, allergy medicine, and/or anti-depressants).

10. Use of a cellular telephone or any other electronic equipment that may interfere with operating the vehicle is not permitted.

11. Operating a City-owned vehicle without a valid operator's license or while the license is under suspension or revocation.

12. Failing to report an accident, a collision, a ticket, or any other damage to a City owned vehicle or other vehicle to the City Manager, in writing, within one business day.

13. Smoking or vaping tobacco, cannabis, or any other drug while in a City-owned vehicle.

Any unauthorized use of a City-owned vehicle may cause revocation of the privilege to use City-vehicles.

I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the City Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of City Council Policy Memorandum #2021-17 of said Council which was adopted at a regular meeting held October 4, 2021, by the following vote:

AYES: Council Members Dyer Kruse, Rose, Silva; Mayor Pro Tem Noble and Mayor Courtney NOES:

ABSENT:

ABSTAIN:
_________________________________ ________________________________ Andrea Flores, City Clerk Paul Anthony Courtney, Dr.B.A., Mayor

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Attachment: City Council Policy Memo re Elected Officials Vehicle Use_Revised Draft for CC (5469 : Amended Elected Officials Vehicle Use Regular Meeting
09/18/23 06:00 PM
City Manager Department
Willie A Hopkins
Public Hearing
Doc ID: 5470

COUNCIL AGENDA ITEM
AGENDA MATTER:

PUBLIC INFORMATION REGARDING MARRIOTT HOTEL SUBSIDY AGREEMENT EXECUTIVE SUMMARY:

In May 2021, the City of Barstow entered into an agreement with Hotel Investment Group (“HIG”) to provide a limited transient occupancy tax reimbursement subsidy, out of the tax revenues that HIG’s new dual-branded Marriott hotel will generate once opened. State law requires a public economic development subsidy report and City Council hearing, providing for a public discussion of the terms of the agreement and its expected economic benefits for the City. The Reimbursement Agreement allows a maximum, not guaranteed subsidy of $2,400,000 over a period of five years beginning from when the hotel opens for business, with the actual subsidy amount depending on transient occupancy tax revenues collected from the hotel. The subsidy amount will equal the amount of transient occupancy taxes collected from the hotel, capped at a maximum of $480,000 per year, payable monthly and trued-up annually, for a five-year total maximum subsidy amount of $2.4 million. In return, the City expects the hotel will generate an estimated $724,000 per year in new transient occupancy tax revenues. Over the five-year life of the subsidy agreement, the City estimates a net of $1,220,000 in new transient occupancy tax revenues, net of the subsidy payments. In addition, the City would benefit from additional sales and property taxes during the hotel’s construction and its operating life. The hotel project is estimated to create approximately 600 construction jobs and 50 permanent jobs.

DISCUSSION:

Starting in 2019, and concluding in 2021, the City engaged in negotiations with HIG to bring a cobranded, dual Marriot hotel to the City. This project includes a hotel with 181 rooms, on a 3.28-acre property located at 2551 Mercantile Way. Before an economic development subsidy agreement can be granted, California Government Code Section 53083 requires that the City provide public notice and a hearing regarding the subsidy. This City Council report and public hearing provide this information to the public, in addition to the information provided at the two prior City Council meetings considering this agreement, on May 17 and May 27, 2021.

Transient Occupancy Taxes and the Marriott Economic Development Subsidy Agreement Part of the revenue that funnels into the City’s General Fund comes from Transient Occupancy Taxes (“TOT”). This group of taxes is levied on hotel guests and collected by hotel operators, providing significant revenue to the City’s general fund.

Under the Transient Occupancy Tax Reimbursement Agreement, the City will provide HIG with an economic development subsidy in the maximum amount of up to $2.4 million via monthly installments of up to $40,000 of TOT per month, subject to annual true-up. (Agreement, Section 1(A).) If more than $40,000 in TOT is generated in a month, subject to annual true-up, the City would keep the excess after the $40,000 is returned to HIG. (Agreement, Section 1(B).) The expectation is that each year, the Actual Reimbursement Amount will total $480,000,00, and that TOT receipts will exceed that number. (Agreement, Section 1(B).) At the end of each year on the Agreement Anniversary Date, there will be a “True Up”. If less than $480,000.00 has been reimbursed to HIG but the annual TOT receipts exceed $480,000.00, the True Up requires an additional reimbursement payment be made to ensure HIG is reimbursed the full $480,000.00. (Agreement, Section 1(B).) This could occur if there is one month with under $40,000 in TOT receipts, and another month with more than $40,000 in TOT. Conversely, if less 11 Packet Pg. 48
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09/18/23 06:00 PM
City Manager Department
Willie A Hopkins
Public Hearing
Doc ID: 5470

COUNCIL AGENDA ITEM
than $480,000.00 has been reimbursed to HIG and the annual TOT receipts are also less than $480,000.00, then no true-up payment is required. The Agreement is clear that, if TOT receipts are not equal to or greater than the expected $480,000 per year, then the total amount reimbursed to HIG may be less than $2,400,000.00. (Agreement, Section 1(B).) Instead, through the new hotel, a new source of money is coming to the City in varying amounts for the next five years, and unimpeded after that.

Predicted benefits of this Agreement include job creation, tax revenue increases, and an expansion of the City’s tax base. As it stands, the payment of the subsidy is predicated on certain conditions. These Reimbursement Obligation Conditions must be met before the subsidy can be paid. (Agreement, Section

2.) The City must prepare a report and hold a public hearing before providing the subsidy, the hotel must be operated in accordance with this and all other Agreements and required Permits, the hotel must continuously operate as a Nationally Recognized Franchise during the five-year period, the hotel operator must not violate any laws or this Agreement, and the hotel operator must not enter bankruptcy or receivership. If any of the last three conditions are not met, the City may withhold the subsidy for that month.

Statutory Information Requirements, per Government Code section 53083:
• Beneficiary Information. The economic development subsidy agreement benefits Barstow Hospitality LLC, a California limited liability company. 2551 Mercantile Way, Barstow CA 92311. • Term and Schedule. The economic development subsidy agreement, approved May 27, 2023, has a five year term, beginning the first month the hotel opens and the City begins to receive TOT payments from it, provided all conditions precedent have been met, and lasting for sixty months, or five years, thereafter. The City estimates the hotel will open in October 2023. • Description of Subsidy: The economic development subsidy agreement provides for up to $2.4 million in transient occupancy tax revenue reimbursement over its five years, to be paid as reimbursement out of the transient occupancy tax revenues collected by the City from the hotel. • Public Purposes: The City entered into the economic development subsidy agreement for the public purpose of encouraging private investment that creates new jobs, income sources, and tax revenues for the City.
• Projected Tax Revenues: The City estimates that the hotel project will generate approximately $724,000 per year in transient occupancy taxes, calculated as an estimated $4000 per year per room tax revenue multiplied by the hotel’s combined 181 room count. Staff further estimates that the hotel project will also generate an additional approximately $8,000-$16,000 in annual sales tax revenues during operations. Last, staff estimates that the hotel project will generate $320,000 in total general property tax levy revenue for all property tax agencies with about $29,000 in General Fund revenue and about $18,000 in revenue to the City of Barstow Park fund via annual property taxes each year, rising if property value continues to rise as allowed under Proposition 13. • Project Job Creation Figures: The City estimates that the hotel project will generate approximately 600 temporary construction jobs and 50 permanent hotel jobs, of which approximately half would be part-time.

As additional information, the signed Agreement and the May 27, 2021, Council agenda packet materials regarding its approval are attached.

FISCAL IMPACT:
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09/18/23 06:00 PM
City Manager Department
Willie A Hopkins
Public Hearing
Doc ID: 5470

COUNCIL AGENDA ITEM
The fiscal impact of the Agreement stems from the hotel’s expansion of the City’s tax and employment base. As explained above, the new hotel will provide a new source of tax revenue for the City. The amount of new tax revenue will vary in the first five years due to the Agreement. The amount of TOT collected from the new hotel up to $40,000 per month, subject to annual true up and a maximum reimbursement of $480,000 per year and $2.4 million total, will be returned to HIG, but anything above that amount will be retained by the City as additional tax revenue. The City is not required to pay out more than it collects in TOT revenues from the hotel, and is also not required to pay more than $480,000 per year, nor more than $2.4 million total over the five year life of the agreement.

The City estimated that under the Agreement, tax revenue would amount to approximately $3,620,000 in the first five years, of which the City would keep at least an estimated $1,220,000 in net new revenues after payment of the up to $2.4 million subsidy. For the years after the agreement expires, the City estimates TOT revenue from the hotel would start at approximately $1,100,000 per year and increase annually. The Agreement has not yet been triggered as the hotel has not yet opened. The City will be closely tracking revenues, including via transient occupancy, property, and sales taxes, as the project’s construction continues and it opens.

Tax revenue was also expected to come from the contractors during the hotel construction phase, as well as sales tax revenue for materials during construction. The hotel project is estimated to create approximately 600 construction jobs and 50 permanent jobs.

RECOMMENDED ACTION:

Staff recommends that the Council receive public comment and receive and file this economic development subsidy report.
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BARSTOW CITY COUNCIL

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MAY 27, 2021
5:30 PM
(HANDICAPPED ACCESSIBLE)
AGENDA

SPECIAL MEETING
Agenda-May 27, 2021

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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
IMPORTANT NOTICE REGARDING MAY 27, 2021

SPECIAL MEETING
This meeting is being conducted utilizing teleconferencing and/or electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The Council Chambers will have limited seating available on a first-come, first-served basis for members of the public to attend the meeting in person. All persons visiting City facilities shall wear face masks and observe social distancing protocols.

For members of the public wishing to view the meeting you may watch via the city website at www.barstowca.org by accessing this link
http://barstowcityca.iqm2.com/Citizens/Default.aspx
OR View on our Local Spectrum Cable channel 6.

For members of the public wishing to participate in the meeting virtually, you may access the city council meeting via webinar using your land line phone, smart phone, tablet, or computer, by using the following information:

To join the webinar from your smartphone, tablet or computer, click the link below:
https://zoom.us/j/91708607852?pwd=Z0Y5akpwOHNIUFBMUmRhaU81TU9iUT09 Or Access via Audio only Telephone Dial:
1 669 900 9128 or 1 253 215 8782 or 1 346 248 7799
Webinar ID: 917 0860 7852
Passcode: 428765
For members of the public wishing to provide public comments virtually:

During the webinar: To provide comment, click “Raise Hand” icon in zoom webinar to request to speak on a specific item, or when Public Comment is being taken (dial *9 to raise hand if accessing via voice phone only). When it is your turn to speak, you will be removed from mute and allowed to make public comments for up to three (3) minutes.

Email: Submit comments by email to the City Clerk at
[email protected]. Comments will provided to the City Council and maintained for the public record. Public comments received in writing will not be read aloud at the meeting. Comments must be received by 2:30 p.m. on May 27, 2021. Your information will not be shared with the public, nor are you required to share your information (your name will be used as part of the record for public comments). The City Council and staff thank you for your cooperation during these unprecedented times. If you have any questions regarding participation in the City Council/Barstow Fire Protection District meeting, please call 760-255-5122.

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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
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.

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

PUBLIC TO ADDRESS THE GOVERNING BOARD ON MATTERS WITHIN THEIR JURISDICTION THAT ARE ON THE CLOSED SESSION AGENDA. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. TO PROVIDE COMMENT VIRTUALLY, CLICK “RAISE HAND” OR DIAL “9” TO REQUEST TO SPEAK WHEN PUBLIC COMMENT IS BEING TAKEN. WHEN IT IS YOUR TURN TO

SPEAK, YOU WILL BE REMOVED FROM MUTE AND ALLOWED TO MAKE PUBLIC COMMENTS FOR UP TO THREE (3) MINUTES. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

CLOSED SESSION AGENDA ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL
Recommended Action:

Conference with Legal Counsel; Anticipated Litigation
(Gov. Code § 54956.9(d)(2),(e)(1)) 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 plaintiffs.

REPORT OF CLOSED SESSION:

CALL TO ORDER – REGULAR MEETING 6:30 PM (or immediately following adjournment of Closed Session if adjourned after 6:30 PM)
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

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INVOCATION:

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

INCLUDING ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A “REQUEST TO SPEAK” FORM AND HAND TO THE CITY CLERK. TO PROVIDE COMMENT VIRTUALLY, CLICK “RAISE HAND” OR DIAL “9” TO REQUEST TO SPEAK WHEN PUBLIC COMMENT IS BEING TAKEN. WHEN IT IS YOUR TURN TO SPEAK, YOU WILL BE REMOVED FROM MUTE AND ALLOWED TO MAKE PUBLIC COMMENTS FOR UP TO THREE (3) MINUTES. 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: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE

GOVERNING BOARD ON MATTERS WITHIN THEIR JURISDICTION THAT ARE NOT CURRENTLY ON THE AGENDA. STATE LAW PROHIBITS THE GOVERNING BOARD FROM ADDRESSING ANY ISSUE NOT PREVIOUSLY INCLUDED ON THE AGENDA. THE GOVERNING BOARD MAY RECEIVE COMMENT AND SET THE MATTER FOR A SUBSEQUENT MEETING. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. TO PROVIDE COMMENT VIRTUALLY, CLICK “RAISE HAND” OR DIAL “9” TO REQUEST TO SPEAK WHEN PUBLIC COMMENT IS BEING TAKEN. WHEN IT IS YOUR

TURN TO SPEAK, YOU WILL BE REMOVED FROM MUTE AND ALLOWED TO MAKE PUBLIC COMMENTS FOR UP TO THREE (3) MINUTES. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:

BUSINESS / ACTION ITEMS:

2. RECONSIDERATION OF THE AGREEMENT BETWEEN THE CITY AND HOTEL

INVESTMENT GROUP AND CONSIDERATION OF AN ALTERNATE AGREEMENT BETWEEN

THE CITY AND HOTEL INVESTMENT GROUP
Recommended Action:

Staff recommends that City Council approve the agreement between Hotel Investment Group and the City utilizing the alternative incentive option proposed by the developer.

DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FROM CONSENT CALENDAR WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME).

STAFF REPORTS:

POLICE CHIEF COMMENTS:

FIRE CHIEF COMMENTS:

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Attachment: 2021-05-27 City Council - Full Agenda-2278 (5470 : Public Hearing MARRIOT HOTEL SUBSIDY AGREEMENT) Agenda-May 27, 2021

Page 4 of 4 ends

CITY MANAGER / DISTRICT ADMINISTRATOR COMMENTS:

ADJOURNMENT:

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.

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 20Th day of May, 2021.

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Attachment: 2021-05-27 City Council - Full Agenda-2278 (5470 : Public Hearing MARRIOT HOTEL SUBSIDY AGREEMENT) Special Meeting
05/27/21 05:30:PM
Maria Chavez
Doc ID: 4651

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

RECOMMENDED ACTION:

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Attachment: 2021-05-27 City Council - Full Agenda-2278 (5470 : Public Hearing MARRIOT HOTEL SUBSIDY AGREEMENT) Packet Pg. 6
Communication: Public Comments (PUBLIC COMMENT)

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Attachment: 2021-05-27 City Council - Full Agenda-2278 (5470 : Public Hearing MARRIOT HOTEL SUBSIDY AGREEMENT) Packet Pg. 7
Communication: Public Comments (PUBLIC COMMENT)

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Attachment: 2021-05-27 City Council - Full Agenda-2278 (5470 : Public Hearing MARRIOT HOTEL SUBSIDY AGREEMENT) Packet Pg. 8
Communication: Public Comments (PUBLIC COMMENT)

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Packet Pg. 74
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5470 : Public Hearing MARRIOT HOTEL SUBSIDY AGREEMENT) Special Meeting
05/27/21 05:30 PM
Finance
Marc Puckett
Contract
Doc ID: 4653

AGENDA ITEM
AGENDA MATTER:

RECONSIDERATION OF THE AGREEMENT BETWEEN THE CITY AND HOTEL INVESTMENT

GROUP AND CONSIDERATION OF AN ALTERNATE AGREEMENT BETWEEN THE CITY AND

HOTEL INVESTMENT GROUP
EXECUTIVE SUMMARY:

After the May 17th Council meeting based on questions raised in the public City Council meeting, the development group contacted staff to express their continued interest and desire to build the Marriott hotel properties in Barstow and presented an alternative incentive option they believe may be more amenable to City Council. City staff has reviewed the two incentive options for the proposed development of the two hotel properties totaling 181 rooms. Both options provide the City with approximately $43 million in new revenue over the project life. However, the alternative option recommended by staff is expected to provide the City with an additional $1,000,000 more in new revenue over the first option. The total new revenue received by the City during the first five years is anticipated to be approximately $3.6 million under the recommended option.

DISCUSSION:

Since the first quarter of 2019, City staff have been discussing the possibility with Hotel Investment Group of their firm constructing two Marriott hotels in the city under an innovative shared footprint design. This would be the first Marriott hotel property in the City. One of the two connected hotels would be an extended-stay hotel. Combined, the two hotels would have 181 hotel rooms. The construction cost of this project is anticipated to be $32,000,000 (renderings are attached).

Both incentive options are the results of long discussions and intensive negotiations between the City and the developer. Due to the specialized nature of the legal analysis and review needed for hotel developments associated with negotiating and preparing development agreements, the City employed an attorney from Rutan and Tucker to represent the City’s interests in these discussions. Hiring specialized legal counsel for negotiating development agreements is common practice. It is also common practice to require the developer to pay the cost of the City’s legal counsel to minimize financial risks to the City should the project not proceed. The level and types of incentives requested during these discussions were narrowed down through negotiations to those presented herein.

Initially, the developer proposed an incentive option to assist the developer with financing of the property that included a payment to the developer of an amount equal to the transient occupancy taxes collected and remitted to the City for years 1-3. Since the City would be remitting an amount equal to the TOT received, there would be no additional cost to the City. For years 4 and 5, the City would remit to the developer an amount equal to 85% of the TOT collections. Beginning year 6, there would be no further remittance to the developer. During years 1-5 of operation, the City would receive approximately $2,616,000 in new revenue from this development, net of the remittance to the developer. Thereafter, 2 Packet Pg. 9

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Attachment: 2021-05-27 City Council - Full Agenda-2278 (5470 : Public Hearing MARRIOT HOTEL SUBSIDY AGREEMENT) Special Meeting
05/27/21 05:30 PM
Finance
Marc Puckett
Contract
Doc ID: 4653

AGENDA ITEM
new revenue to the City would be approximately $1,100,000 increasing annually. The City participation in the development incentive would be capped at $2,400,000.

Subsequent to the May 17 City Council meeting, the developer proposed an alternative incentive option that they believe may be more amenable to City Council. Under this alternative, the City would remit to the developer $40,000 per month for 60 months. The developer would commit to remitting the full TOT collections annually to the City. If the TOT collections dropped below $40,000 in any month during this first 60 month period, the amount remitted would be reduced to equal the TOT collections for that month.

Per this option, the estimated new revenue to the City in the first 5 years would be approximately 3,620,000. Thereafter, new revenue to the City would be approximately $1,100,000 increasing annually.

The City participation in the development would be capped at $2,400,000.

Staff reviewed both incentive options in great detail. Some economic benefits are the same under both incentive options.

Under both options, the City’s incentive payment is contingent on a variety of conditions that must be satisfied by the developer. Most notably, the developer takes the risks associated with constructing and then commencing operations of a national brand hotel - a Marriott. Presuming the developer meets the contingency requirements, under either option the City would receive a significant amount of new revenue. This new revenue is paid by transient travelers passing through the community which lowers the tax burden on City residents. After the incentive period, both options generate approximately $1,100,000 in new revenue increasing annually. The City participation would be capped at $2,400,000 under each option. Also, contractors working on the $32,000,000 project would pay sales tax to the City for construction material costs. The project also generates 600 temporary construction jobs (approx. 150 FTEs) over the eighteen month construction cycle and 50 permanent jobs when completed.

However, although the total incentive is intended to be the same under either option (capped at $2,400,000 per the development agreement), the structure of the two incentive options discussed varies significantly. This amount was arrived at in discussions with the developer when discussing the revenue stream necessary to secure financing of the project. The type of incentive requested is a common ask for hotel developers.

Under the first incentive option, the assumptions the developers based their proposal upon included assuming annual TOT collections of between $442,000 - $527,000. After researching this assumption, staff determined that for similar Lenwood properties, the City is currently collecting $4,000 per room annually on average (disclosure of specific information for each hotel is protected by confidentiality agreements with the businesses and by laws governing its disclosure). Using this metric, the City may expect to receive approximately $724,000 in transient occupancy taxes annually from this development.

Under either option, the remittances to the developer are limited to $2,400,000 through the development agreement, but under the first option, staff believes that it will take less than the five years (approximately 3 years, 5 months) as proposed by the developer to reach that level of remittance. Thereafter, the City would receive 100% of the TOT. Under the first option, the City would also receive less new revenue ($2,616,000 versus 3,620,000) than during the first five years under the alternative. After year 5, new revenues would be equal under both options at about $1,100,000 increasing annually.

Under the alternative incentive option, the City would receive 100% of transient occupancy taxes from day one. The City would remit to the developer $40,000 for 60 months. If the TOT fell below $40,000 in any month, the amount remitted would be reduced to equal the TOT monthly collections. This option is expected to provide the City with $1,000,000 more ($3,620,000 versus $2,616,000) in new revenue during the first five years of operation of the project. Due to the anticipated $1,000,000 in additional new 2 Packet Pg. 10

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Attachment: 2021-05-27 City Council - Full Agenda-2278 (5470 : Public Hearing MARRIOT HOTEL SUBSIDY AGREEMENT) Special Meeting
05/27/21 05:30 PM
Finance
Marc Puckett
Contract
Doc ID: 4653

AGENDA ITEM
revenue during the first five years, staff is recommending this alternative incentive option.

Staff also prepared a fiscal analysis for each option (attached). This fiscal analysis is prepared using standard metrics for project costing for development proposals. The fiscal analysis estimates the annual new revenues to the City for each project year and the total new revenues to the City over the project life.

Each new source of revenue has been estimated using conservative assumptions. Property tax revenue estimates were based upon the expected project appraisal of $36,000,000. This value would become the base year taxable value. Using this valuation, the property owners would pay about $432,000 in property taxes in the first year either through a supplemental assessment or as part of their initial property tax bill.

Of that amount, the City would receive approximately $134,388 for City of Barstow and Barstow Fire Protection District taxes. Thereafter, the base year amount would increase at the rate of 2% per year (Prop. 13 limitation). Property tax collections are assumed to increase at the same 2% rate as the taxable valuation.

Again, TOT estimates were developed using actual averages of TOT collections for similar Lenwood hotels based upon the 2019 fiscal year (pre-COVID). Per this data, the City is collecting slightly more than $4,000 per room in TOT taxes annually for similar hotels. The fiscal analysis assumes no increases in room rates over the project life. It is expected that room rates over the project life will increase resulting in significantly more new TOT revenues than projected within the financial analysis.

The City levies and collects sales tax at the rate of 1% for both the Local sales tax and Measure Q tax.

These tax collections are estimated based upon averages for certain local eateries. Due to the proprietary nature of this information, disclosure of specific data for individual restaurants is prohibited by state law. The development project is anticipated to have a full service restaurant in the shared lobby area of both hotels. In addition, there will be large conference rooms and banquet facilities. The City will receive sales tax and Measure Q taxes from the restaurant, catering and banquet activities. The sales tax and Measure Q taxes collected from these activities are expected to increase dramatically over the project life. However, the financial analysis projects no increases from this new revenue source.

Over the project life, new revenues to the City are estimated to be in the range of $42-43 million.

However, due to the conservative nature of these estimates, the actual revenue collections over the project life more likely will be around $50 million.

FISCAL IMPACT:

Based on the incentive option approved, new revenues to the City would vary as follows:

Under the first option, the developer would pay transient occupancy taxes (TOT) to the City. Based on the amount of TOT remitted to the City, the City would then make a payment, from any source of funding available, to the developer in an amount equal to the amount of TOT remitted for years 1-3. Since the City would be remitting an amount equal to the TOT received, there would be no additional cost to the City.

For years 4 and 5, the City would remit to the developer an amount equal to 85% of the TOT collections.

Beginning year 6, there would be no further remittance to the developer. During years 1-5 of operation, the City would receive approximately $2,616,000 in new revenue, net of the TOT payments. Thereafter, new revenue to the City would be approximately $1,100,000 annually from the project. The total remittance to the developer from the City would be capped at $2,400,000. 2 Packet Pg. 11

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Attachment: 2021-05-27 City Council - Full Agenda-2278 (5470 : Public Hearing MARRIOT HOTEL SUBSIDY AGREEMENT) Special Meeting
05/27/21 05:30 PM
Finance
Marc Puckett
Contract
Doc ID: 4653

AGENDA ITEM
The developer also proposed an alternative incentive option. Under this option, the City would remit to the developer $40,000 per month for 60 months. The developer would commit to remitting the full TOT collections to the City. If the TOT collections dropped below $40,000 in any month during this 60 month period, the amount remitted to the developer would be reduced to equal the TOT collections for that month. Per this option, the estimated new revenue to the City in the first 5 years would be approximately 3,620,000. Thereafter, new revenue to the City would be approximately $1,100,000 increasing annually.

The City participation in the development would be capped at $2,400,000.

In addition to tax generated from the operation of the hotels, the City would also receive tax from the contractors during the construction phase of the $32,000,000 project. The contractors would pay sales tax on the construction material costs.

This project is anticipated to generate 600 temporary construction jobs and 50 permanent jobs.

Additional tax benefits will accrue from the addition of these jobs and ancillary spending in the Lenwood area
RECOMMENDED ACTION:

Staff recommends that City Council approve the agreement between Hotel Investment Group and the City utilizing the alternative incentive option proposed by the developer. 2 Packet Pg. 12

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Packet Pg. 78
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5470 : Public Hearing MARRIOT HOTEL SUBSIDY AGREEMENT) Approval of Agreement Between CoB and Hotel Investment Group for Marriott Hotel Fiscal Impact Over Project Life of 40 years
Construction cost - $32,000,000
Estimated Property Appraisal at completion - $36,000,000 Proj. Life Prop. Tax TOT Sales Tax Meas. Q DIF/Permits Total New Year 1% (1) 12.5% (2)(3) 1% (3) 1% (3) Various Revenue to CoB 1 $134,388 $0 100,000 100,000 $700,000 1,034,388
2 137,076 0 100,000 100,000 0 337,076
3 139,817 0 100,000 100,000 0 339,817
4 142,614 108,600 100,000 100,000 0 451,214
5 145,466 108,600 100,000 100,000 0 454,066 2,616,561
6 148,375 724,000 100,000 100,000 0 1,072,375
7 151,343 724,000 100,000 100,000 0 1,075,343
8 154,370 724,000 100,000 100,000 0 1,078,370
9 157,457 724,000 100,000 100,000 0 1,081,457
10 160,606 724,000 100,000 100,000 0 1,084,606
11 163,818 724,000 100,000 100,000 0 1,087,818
12 167,095 724,000 100,000 100,000 0 1,091,095
13 170,436 724,000 100,000 100,000 0 1,094,436
14 173,845 724,000 100,000 100,000 0 1,097,845
15 177,322 724,000 100,000 100,000 0 1,101,322
16 180,869 724,000 100,000 100,000 0 1,104,869
17 184,486 724,000 100,000 100,000 0 1,108,486
18 188,176 724,000 100,000 100,000 0 1,112,176
19 191,939 724,000 100,000 100,000 0 1,115,939
20 195,778 724,000 100,000 100,000 0 1,119,778
21 199,693 724,000 100,000 100,000 0 1,123,693
22 203,687 724,000 100,000 100,000 0 1,127,687
23 207,761 724,000 100,000 100,000 0 1,131,761
24 211,916 724,000 100,000 100,000 0 1,135,916
25 216,155 724,000 100,000 100,000 0 1,140,155
26 220,478 724,000 100,000 100,000 0 1,144,478
27 224,887 724,000 100,000 100,000 0 1,148,887
28 229,385 724,000 100,000 100,000 0 1,153,385
29 233,973 724,000 100,000 100,000 0 1,157,973
30 238,652 724,000 100,000 100,000 0 1,162,652
31 243,425 724,000 100,000 100,000 0 1,167,425
32 248,294 724,000 100,000 100,000 0 1,172,294
33 253,260 724,000 100,000 100,000 0 1,177,260
34 258,325 724,000 100,000 100,000 0 1,182,325
35 263,491 724,000 100,000 100,000 0 1,187,491
36 268,761 724,000 100,000 100,000 0 1,192,761
37 274,136 724,000 100,000 100,000 0 1,198,136
38 279,619 724,000 100,000 100,000 0 1,203,619
39 285,211 724,000 100,000 100,000 0 1,209,211
40 290,916 724,000 100,000 100,000 0 1,214,916
Totals $8,117,302 $25,557,200.00 $4,000,000.00 $4,000,000.00 $700,000.00 $42,374,501.72 Footnotes:
1) Base taxable value = $36m multiplied by CoB and BFPD share of tax levy increased annually by Prop. 13 limit of 2% 2) TOT collections based on 181 room development times avg. annual per room collections of $4k (for similar hotels). 3) No inflation factors included for future years tax collections 4) Contractors will pay sales tax to City for construction material cost 5) Job creation is estimated at 600 temporary construction jobs and 50 permanent jobs

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Attachment: Marriott Hotel New Tax Revenue Analysis2.1 (4653 : Development Agreement for Marriott Hotels)

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Attachment: 2021-05-27 City Council - Full Agenda-2278 (5470 : Public Hearing MARRIOT HOTEL SUBSIDY AGREEMENT) Approval of Agreement Between CoB and Hotel Investment Group for Marriott Hotel - OPTION 2 Fiscal Impact Over Project Life of 40 years
Construction cost - $32,000,000
Estimated Property Appraisal at completion - $36,000,000 Proj. Life Prop. Tax TOT Sales Tax Meas. Q DIF/Permits Total New Year 1% (1) 12.5% (2)(3)(6) 1% (3) 1% (3) Various Revenue to CoB 1 $134,388 $244,000 100,000 100,000 $700,000 1,278,388
2 137,076 244,000 100,000 100,000 0 581,076
3 139,817 244,000 100,000 100,000 0 583,817
4 142,614 244,000 100,000 100,000 0 586,614
5 145,466 244,000 100,000 100,000 0 589,466 3,619,361
6 148,375 724,000 100,000 100,000 0 1,072,375
7 151,343 724,000 100,000 100,000 0 1,075,343
8 154,370 724,000 100,000 100,000 0 1,078,370
9 157,457 724,000 100,000 100,000 0 1,081,457
10 160,606 724,000 100,000 100,000 0 1,084,606
11 163,818 724,000 100,000 100,000 0 1,087,818
12 167,095 724,000 100,000 100,000 0 1,091,095
13 170,436 724,000 100,000 100,000 0 1,094,436
14 173,845 724,000 100,000 100,000 0 1,097,845
15 177,322 724,000 100,000 100,000 0 1,101,322
16 180,869 724,000 100,000 100,000 0 1,104,869
17 184,486 724,000 100,000 100,000 0 1,108,486
18 188,176 724,000 100,000 100,000 0 1,112,176
19 191,939 724,000 100,000 100,000 0 1,115,939
20 195,778 724,000 100,000 100,000 0 1,119,778
21 199,693 724,000 100,000 100,000 0 1,123,693
22 203,687 724,000 100,000 100,000 0 1,127,687
23 207,761 724,000 100,000 100,000 0 1,131,761
24 211,916 724,000 100,000 100,000 0 1,135,916
25 216,155 724,000 100,000 100,000 0 1,140,155
26 220,478 724,000 100,000 100,000 0 1,144,478
27 224,887 724,000 100,000 100,000 0 1,148,887
28 229,385 724,000 100,000 100,000 0 1,153,385
29 233,973 724,000 100,000 100,000 0 1,157,973
30 238,652 724,000 100,000 100,000 0 1,162,652
31 243,425 724,000 100,000 100,000 0 1,167,425
32 248,294 724,000 100,000 100,000 0 1,172,294
33 253,260 724,000 100,000 100,000 0 1,177,260
34 258,325 724,000 100,000 100,000 0 1,182,325
35 263,491 724,000 100,000 100,000 0 1,187,491
36 268,761 724,000 100,000 100,000 0 1,192,761
37 274,136 724,000 100,000 100,000 0 1,198,136
38 279,619 724,000 100,000 100,000 0 1,203,619
39 285,211 724,000 100,000 100,000 0 1,209,211
40 290,916 724,000 100,000 100,000 0 1,214,916
Totals $8,117,302 $26,560,000.00 $4,000,000.00 $4,000,000.00 $700,000.00 $43,377,301.72 Footnotes:
1) Base taxable value = $36m multiplied by CoB and BFPD share of tax levy increased annually by Prop. 13 limit of 2% 2) TOT collections based on 181 room development times avg. annual per room collections of $4k (for similar hotels). 3) No inflation factors included for future years tax collections 4) Contractors will pay sales tax to City for construction material cost 5) Job creation is estimated at 600 temporary construction jobs and 50 permanent jobs 6) CoB will provide expense offset of $40k per month for 60 months - Total commitment $2.4m 7) If TOT falls below $40k in any month, the expense offset is reduced to an amount equal to monthly TOT collections.

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Attachment: Marriott Hotel New Tax Revenue Analysis2.2 (4653 : Development Agreement for Marriott Hotels)

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Attachment: 2021-05-27 City Council - Full Agenda-2278 (5470 : Public Hearing MARRIOT HOTEL SUBSIDY AGREEMENT) 1 258067.1

CITY OF BARSTOW

REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into as of May 27, 2021, by and between the City of Barstow, a California municipal corporation, (the “City”) and Barstow Hospitality, LLC, a California Limited Liability Company (the “Hotel Operator”). City and Hotel Operator are sometimes individually referred to as “Party” and collectively as “Parties.”

RECITALS
A. Hotel Operator controls certain real property (Assessor’s Parcel Number:
0428-351-08) in the City, on which the Hotel Operator intends to operate an approximately 181 room hotel project (“Project”). The Hotel Operator anticipates that the Project, once available to be occupied, will generate transient occupancy taxes (“TOT”) to the City during the Project’s operation, in addition to increased real estate taxes and sales taxes generated by the anticipated increased visitation to the Project and the City.

B. To offset anticipated costs and expenses during the first years of operation of the Project, the City has agreed to reimbursement to Hotel Operator of an amount equal to the TOT generated by the Project over a five (5) year period, with the total reimbursement not exceeding $2.400,000.00 (the “Reimbursement Cap.”).

C. The City has determined that this reimbursement agreement with the Hotel Operator, in accordance with the terms and conditions set forth herein and as contemplated by this Agreement, is of public benefit and contributes to the general welfare of its citizens based on the terms and conditions herein because the Project:
(1) Will create both temporary and permanent operational jobs, (2) Increase capital investment, property values and overall tax revenues including real property and sales tax revenues, and (3) Serve as an economic catalyst to the City by expanding the lodging options and amenities which support tourism.

AGREEMENT
NOW, THEREFORE, based on the foregoing Recitals, which are a substantive part of this Agreement and incorporated herein by reference, the City and Hotel Operator agree as follows:

Section 1. Reimbursement Commitment & Term; Conditions on Payment.

A. In consideration for the Hotel Operator costs and expenses for operating the Project and the other conditions and covenants provided for herein, upon the satisfaction of the conditions in Section 2 of this Agreement (defined as the “Reimbursement Obligation Conditions”), the City shall reimburse to Hotel Operator

2.f
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Attachment: Marriott-Barstow_TOT Reimbursement Agreement (4653 : Development Agreement for Marriott Hotels)

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Attachment: 2021-05-27 City Council - Full Agenda-2278 (5470 : Public Hearing MARRIOT HOTEL SUBSIDY AGREEMENT) 2 258067.1
amounts equal to the City’s then current transient occupancy tax receipts, levied and collected pursuant to Revenue and Taxation Code section 7280 et seq. and applicable provisions of the Barstow Municipal Code and any City policies and procedures, from the Project (“TOT Receipts”). To clarify the reimbursement obligation in this Agreement, the amount of the reimbursement shall be calculated based the City’s TOT Receipts, but payments made to the Hotel Operator under this Agreement shall be from any sources of funds available to the City by law for payment of contractual obligations. As more specifically set forth in this Agreement, the amount of the City’s reimbursement obligation to the Hotel Operator shall be one hundred percent (100%) of the amount of TOT Receipts through years 1 through 3 and eighty-five percent (85%) of the TOT Receipts through operating years 4 through 5 as collected from the Project. For reference purposes only, the amounts presently estimated for the TOT Receipts are as follows:

Year 1 $442,927 100%.

Year 2 $496,922 100%
Year 3 $527,988 100%
Year 4 $467,383 85%
Year 5 $494,103 85%
The total amount of the TOT Receipts, applying the above-referenced percentages, is presently estimated to be Two Million Four Hundred Twenty Nine Thousand Three Hundred and Twenty Four Dollars ($2,429,324.00) (“Total Estimated Reimbursement TOT Amount”). The Parties acknowledge that the actual amount of the TOT Receipts generated from the Project might vary. Therefore, the above numbers are for sample purposes only. The total amount of the actual TOT Receipts, applying the above-referenced percentages and confirmed after collection and verification by the City of the TOT Receipts, shall be referred to herein as the “Total Actual Reimbursement Amount,” and the actual monthly TOT Receipts, applying the abovereferenced percentages in the applicable monthly period for the applicable year after collection and verification by the City, shall be referred to herein as the “Monthly Actual Reimbursement Amount.”
B. Subject to the terms and conditions of this Agreement, the City shall pay to the Hotel Operator, from any sources of funds available to the City by law for payment of contractual obligations, the Monthly Actual Reimbursement Amount each month until the City has paid to the Hotel Operator the Total Actual Reimbursement Amount. Payment of the Monthly Actual Reimbursement Amount shall commence on the first day of the month (the “Reimbursement Commencement Date”) following the first full month after (i) the satisfaction of the Reimbursement Obligation Conditions and (ii) the City has collected and verified for that first full month (and pro-rated amount, if any, from the prior month to that first full month) the TOT Receipts from the Project, and from thereon shall continue for sixty (60) months following the Reimbursement Commencement Date of the Monthly Actual Reimbursement Amounts (the last date is referred to herein as the “Reimbursement Termination Date,” and the entire

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Attachment: Marriott-Barstow_TOT Reimbursement Agreement (4653 : Development Agreement for Marriott Hotels)

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Attachment: 2021-05-27 City Council - Full Agenda-2278 (5470 : Public Hearing MARRIOT HOTEL SUBSIDY AGREEMENT) 3 258067.1
reimbursement period from the Reimbursement Commencement Date until the Reimbursement Termination Date is referred to herein as the “Reimbursement Term”).

Notwithstanding any provision hereof to the contrary, the Total Actual Reimbursement Amount shall not exceed the Reimbursement Cap. Moreover, once the total of all Monthly Actual Reimbursement Amounts paid by City to Hotel Operator equals the Reimbursement Cap, City shall have no further obligation to provide any additional payments to Hotel Operator.

C. The Hotel Operator shall at all times remit to the City all TOT Receipts from the Project in accordance with applicable provisions of the Barstow Municipal Code and any City policies and procedures. After collection and verification of the amounts remitted by the Hotel Operator of the TOT Receipts for the preceding month (and, for the first full month, the pro-rated amount, if any, from the prior month to that first full month), the City shall pay to the Hotel Operator the Monthly Actual Reimbursement Amount no later than the first (1st) day of the month after the full month immediately following the month for which the TOT Receipts have been remitted by the Hotel Operator and verified by the City. By way of explanation of the foregoing sentence, if the City receives the remittance of the TOT Receipts from the Hotel Operator for the month of March, the City shall pay to the Hotel Operator the Monthly Actual Reimbursement Amount for March no later than first (1st) day of May immediately following that March. If the first (1st) day of a month falls on a Saturday, Sunday, federal or state official holiday, or a day when Barstow City Hall is closed for business, the Monthly Actual Reimbursement Amount shall be paid by the City to the Hotel Operator on the next business day.

D. At the end of each year after the Reimbursement Commencement Date, either the City or Hotel Operator may request a review of year-to-date remittances and TOT Receipts from the Project to verify the prior-year’s reimbursement amounts were correctly calculated and paid. Additionally, either the City or Hotel Operator may request an audit, performed by an independent licensed auditor selected by the requesting Party, to review and verify that any reimbursement amounts were correctly calculated and paid. In the event that any such review or audit discloses that an overpayment was made by the City for any Actual Monthly Reimbursement Amount, the Hotel Operator shall return to the City within ninety (90) days of the disclosure date the amount of the overpayment; in the event that any such review or audit discloses that an underpayment was made by the City for any Actual Monthly Reimbursement Amount, the City shall pay to the Hotel Operator within ninety (90) days of the disclosure date the amount of the underpayment. For any over- or underpayment disclosed pursuant to a review or audit, the Hotel Operator may return to the City the amount of the City’s overpayment by offset, with the City reducing in the amount of the overpayment the amount of a subsequent(s) reimbursement payment.

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any room rate, service fee, or other consideration received for renting hotel rooms at the Project. The accounting records shall cover no less than the entire Reimbursement Term. The City shall have the right, upon no less than five (5) days’ prior notice to the Hotel Operator, to inspect any and all accounting records to review and verify the gross and net revenues from the Project for purposes of confirming any reimbursement made under this Agreement were in the correct amounts as set forth herein. This Subsection (E) shall survive the expiration of the Reimbursement Term and the termination of this Agreement.

Section 2. Conditions to Reimbursement. The obligation of the City to commence and thereafter continue to make any payment of the Monthly Actual Reimbursement Amount is contingent upon the satisfaction by the Hotel Operator of the following conditions precedent (each, a “Reimbursement Obligation Condition” and collectively “Reimbursement Obligation Conditions”):

A. Before granting the payment of any Monthly Actual Reimbursement Payment, the City shall have prepared an economic development subsidy report and hold a public hearing in accordance with Government Code section 53083; the report shall include updated information from the Hotel Operator regarding the estimated number of jobs created by the commencement and continuous operations of the Project, broken down by full-time, part-time, and temporary positions at the hotel once operations have commenced; and
B. The Hotel Operator commences the commercial operation of the Project as a hotel in accordance with this Agreement and any other permits and approvals issued by the City, which commencement of commercial operations shall occur within ninety (90) days of the issuance of a Certificate of Occupancy by the City; and C. Upon commencement of commercial operations, the Project is continuously operated as a Nationally Recognized Franchise Hotel Brand during the entire five-year Reimbursement Term, subject to delay in continuous operations only due to an Event of Force Majeure as defined in Section 8 of this Agreement; and D. The Hotel Operator is not in default or breach of this Agreement, nor is the Hotel Operator in violation of any federal, state, or local law; and E. The Hotel Operator is not in bankruptcy or in receivership, either voluntarily or by operation of law, under any federal or state law; this includes no filing by or against Hotel Operator of a petition for relief under the Bankruptcy Reform Act of 1978 or any bankruptcy or debtor relief law, and no general assignment by Hotel Operator for the benefit of creditors or the appointment of any receiver or trustee of all or any portion of the assets of the Hotel Operator.

The Reimbursement Obligation Conditions set forth in Subsections (C), (D), and (E) above shall be continuing obligations of the Hotel Operator for the entire

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Reimbursement Term. In the event that the Hotel Operator fails to meet any one of these Reimbursement Obligation Conditions at any time during the Reimbursement Term, the City shall have no obligation to pay to the Hotel Operator a Monthly Actual Reimbursement Amount for any and all months that the Hotel Operator fails to meet one or more of these Reimbursement Obligation Conditions in Subsection (C), (D), or (E).

Section 3. Public Benefit/Public Purposes. The City Council has determined that encouraging economic development, including private investment that involves creation of new jobs and income in the City, or the retention of existing jobs and income that would otherwise be lost or be unavailable to the residents of the City, is a valid exercise of the City’s powers and serves important public purposes. By authorizing the City to enter into this Agreement, the City Council has determined that the benefits accruing as a result of the transactions contemplated by this Agreement are for legitimate and important public purposes, including without limitation, the public purposes identified in Recital C of this Agreement.

Section 4. No Obligation to Develop or Operate. Both Parties acknowledge that the Project is currently in the planning stages, and the Hotel Operator shall have no liability to City, and City shall have no obligation to Hotel Operator for any reimbursement payment, under this Agreement, if the Project is not opened and operated a hotel as described in this Agreement and any permits and approvals issued by the City relating to the use and operation of the Project. Nothing in this Agreement is intended to or shall be construed to limit the discretion of the City to consider the merits of such an application according to applicable law. Nothing in this Agreement shall authorize any hotel development before compliance with the Planning and Zoning Law, the City’s municipal code, the California Environmental Quality Act (Public Resources Code § 21000 et seq. [“CEQA”]), the CEQA Guidelines (14 Cal. Code Reg. § 15000 et seq.), and other applicable laws, policies and procedures. The City intends to consider in good faith all requested future permits and approvals as may be needed for the Project.

Section 5. Indemnification.

A. The City shall indemnify, defend, and hold harmless the Hotel Operator, and its officers and employees, from all demands, claims, actions and damages, of whatever type or nature, including all costs of defense and attorneys’ fees, to any person or property arising out of or caused by the City’s breach of this Agreement, except for any demands, claims, actions and damages caused by the Hotel Operator’s active negligence or willful misconduct.

B. The Hotel Operator shall indemnify, defend, and hold harmless the City, and its officials, officers and employees, from all demands, claims, actions and damages, of whatever type or nature, including all costs of defense and attorneys’ fees, to any person or property arising out of or caused by the Hotel Operator’s breach of this Agreement, except for any demands, claims, actions and damages caused by the City’s active negligence or willful misconduct.

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Section 6. Default.

A. Defaults. Any one or all of the following events shall constitute a default by the Hotel Operator if not cured within thirty days (30) after notice by the City, or, if cure cannot be completed within 30 days, then the Hotel Operator commences cure within thirty (30) days and diligently performs any and all action necessary to cure the default within ninety (90) days:

1. Any misleading statement, misrepresentation or warranty of Hotel Operator herein or in any other writing at any time furnished by Hotel Operator to City that materially harms the City or materially diminishes the benefit of the Agreement to the City;

2. Nonperformance by the Hotel Operator when due of any of the obligations described herein, or failure to perform any obligation or covenant contained herein, including but not limited to the failure of the Hotel Operator to remit timely to the City any and all TOT Receipts from the Project;

3. The filing by or against Hotel Operator of a petition for relief under the Bankruptcy Reform Act of 1978 or any bankruptcy or debtor relief law; and 4 A general assignment by Hotel Operator for the benefit of creditors or the appointment of any receiver or trustee of all or any portion of the assets of Hotel Operator.

5. Failure to comply with any requirement imposed on Hotel Operator by any applicable land use or other permit or approval for the Project.

B. Remedies. In addition to any other rights or remedies, any party may institute legal action to cure, correct or remedy any default, to enforce any provision herein, or to enjoin any threatened or attempted violation, including but not limited to actions for declaratory relief, specific performance, injunctive relief, and relief in the nature of mandamus. All the remedies described herein shall be cumulative and not exclusive of one another, and the exercise of any one or more of the remedies shall not constitute a waiver of election with respect to any other available remedy.

City and Hotel Operator agree that, notwithstanding any other language in this Agreement, damages would not be an adequate or appropriate remedy if City or Hotel Operator fails to carry out their obligations under this Agreement. Therefore, specific performance of this Agreement is the only remedy which would compensate Hotel Operator if City fails to carry out its obligations under this Agreement, and City hereby agrees that Hotel Operator shall be entitled to specific performance in the event of a default by City hereunder. Further, specific performance of this Agreement is the only remedy which would compensate City if Hotel Operator fails carry out its obligations under this Agreement.

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Section 7. Compliance with Governmental Regulations. Hotel Operator shall, at its sole cost and expense, comply with all applicable municipal, county, state and federal laws, rules, regulations and ordinances now in force, or which may hereafter be in force, pertaining to its activities contemplated under this Agreement, including, but not limited to: issuance of building and use permits and compliance with all federal and state labor laws (collectively, “Laws”).

Section 8. Miscellaneous Provisions.

A. Transfer or Assignment. The Hotel Operator may assign or transfer this Agreement, and the rights and obligations herein, only upon receiving the City’s prior written consent to such assignment, which shall not be unreasonably withheld. No later than ninety (90) days prior to the proposed assignment or transfer, the Hotel Operator shall delivery written notice to the City. The City shall have the right to consider, among other factors related to any proposed assignee or transferee, the professional experience and financial ability to own and operate a hotel like the Project. If the City approves the assignment or transfer, the Hotel Operator shall deliver to the City the assignee’s/transferee’s official business name, address, e-mail, address for service of process, contact person, and any other information that the City may require to confirm the receipt of TOT Receipts as contemplated by this Agreement.

B. Interest of Members of City. No member of the City Council and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the carrying out of the City’s work shall have any personal interest, direct or indirect, in this Agreement.

C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. The Parties hereby consent to the jurisdiction and venue for resolution of any dispute to be in a federal or state court of competent jurisdiction in San Bernardino County, California.

D. Time of the Essence. Time is of the essence of each and every provision of this Agreement.

E. Notices. Notices or other communications given under this Agreement shall be in writing and shall be served personally or transmitted by overnight courier (such as FedEx), or by first class mail, postage prepaid. Notices shall be deemed received either at the time of actual receipt or, if mailed by first class mail in

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accordance herewith, on the third (3rd) business day after mailing, whichever occurs first.

Notices shall be directed to the Parties at the following addresses or at such other addresses as the parties may indicate by notice:

City: City of Barstow
220 East Mountain View St., Suite A
Barstow, CA 92311
Attn: City Manager
Hotel Operator: Barstow Hospitality, LLC
1650 Hotel Circle North, Suite 110
San Diego, CA 92108
F. Headings. The titles and headings of the various sections of this Agreement are intended solely for reference and are not intended to explain, modify or place any interpretation upon any provision of this Agreement.

G. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such or the remaining provisions of this Agreement.

H. Waiver. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executing in writing by the Party making the waiver.

I. Number and Gender. As used in this Agreement, the masculine, feminine or neuter gender, and the singular or plural number, shall each include the others whenever the context so indicates or requires.

J. Further Assurances. The Parties shall execute, acknowledge, file or record such other instruments and statements and shall take such additional action as may be necessary to carry out the purpose and intent of this Agreement.

K. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties’ respective heirs, legal representatives, successors and assigns.

L. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous agreements, representations, warranties and understandings of the Parties concerning the subject matter contained herein, written or oral. No change, modification, addendum or amendment to any

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provision of this Agreement shall be valid unless executed in writing by each Party hereto.

M. Attorneys’ Fees. In the event of any litigation arising out of this Agreement, the prevailing Party in such action shall be entitled to recover its reasonable costs and expenses, including, without limitation, reasonable attorneys’ fees and costs paid or incurred in good faith. The “prevailing party,” for purposes of this Agreement, shall be deemed to be that Party who obtains substantially the result sought, whether by settlement, dismissal or judgment.

N. Amendment. This Agreement may be amended only by a written instrument signed by both City and the Hotel Operator.

O. Force Majeure. The Hotel Operator’s obligation pursuant to this Agreement to continuously operate the Project as a hotel may be extended because of any forced closures due to unforeseeable causes beyond the control and without the fault or negligence of the Hotel Operator, including acts of God or of the public enemy, fires, earthquakes, floods, pandemic or epidemic, quarantine restrictions, riots, strikes, or freight embargoes, if the Hotel Operator notifies the City within ten (10) days of the commencement of such delay. The City shall ascertain the facts and the extent of delay, and extend of the time of the forced delay. Upon the conclusion of any event of force majeure causing the delay, the Hotel Operator shall immediately re-commence continuous operation of the Project as a hotel. The City shall have no obligation to pay a Monthly Actual Reimbursement Amount for any month during which the Hotel Operator did not operate the Project in compliance with this agreement due to a force majeure delay. The City and Hotel Operator agree to extend the term as needed to account for any such force majeure delays.

P. City Manager Authority. The City Manager, or authorized designee, shall have the authority, on behalf of the City, to execute this Agreement, to negotiate and enter into any amendments to this Agreement, interpret any provisions of this Agreement, and execute any implementing documents or instruments in furtherance of this Agreement, provided such action is consistent with the terms and conditions of this Agreement and approvals by the City Council for the use and operation of the Project. Nothing in this Subsection (P) shall prevent the City Manager from presenting to the City Council for consideration any documents, agreements, amendments, or instruments, or other items, relating to this Agreement.

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Q. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

IN WITNESS WHEREOF, the Parties hereto have executed this instrument as of the day and year first above written.

CITY: HOTEL OPERATOR:

City of Barstow, Barstow Hospitality, LLC,
a California municipal corporation a California Limited Liability Company By: _____________________________ By: _____________________________ Name: James Hart Name: Bhavesh Patel
Title: City Manager Title: Manager
ATTEST: __________________________
Name: Andrea Flores
Title: City Clerk
APPROVED AS TO LEGAL FORM:
____________________________
Name: Matthew Summers
Title: City Attorney

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CITY OF BARSTOW

B. To offset anticipated costs and expenses during the first years of operation of the Project, the City has agreed to provide an economic subsidy to Hotel Operator in the amount of $2,400,000.00, paid in monthly increments as set forth herein over a five (5) year period, contingent on Hotel Operator operating a Nationally Recognized Franchise Hotel Brand and such other conditions as set forth herein.

AGREEMENT
NOW, THEREFORE, based on the foregoing Recitals, which are a substantive part of this Agreement and incorporated herein by reference, the City and Hotel Operator agree as follows:

Section 1. Reimbursement Commitment & Term; Conditions on Payment.

A. In consideration for the Hotel Operator costs and expenses for operating the Project and the other conditions and covenants provided for herein, and only upon the satisfaction of the conditions in Section 2 of this Agreement (defined as the

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“Reimbursement Obligation Conditions”), the City shall reimburse to Hotel Operator the amount of $2,400,000.00 (the “Total Reimbursement Amount”), to be paid on a monthly basis in the amount of $40,000.00 per month (the “Monthly Reimbursement Amount”) for a 60 month period, plus any additional months added due to application of the provisions of Section 1(B) below, as more fully described herein Payments made to the Hotel Operator under this Agreement shall be from any sources of funds available to the City by law for payment of contractual obligations.

B. Upon The Hotel Operator commencing the commercial operation of the Project as a hotel it shall be subject to paying to City amounts equal to the City’s then current transient occupancy tax, levied and collected pursuant to Revenue and Taxation Code section 7280 et seq. and applicable provisions of the Barstow Municipal Code and any City policies and procedures, based upon income generated by the Project (“TOT Receipts”).The Monthly Reimbursement Amount shall be reduced in any month during the Reimbursement Term in which the TOT Receipts are less than $40,000.00 by an amount equal to the difference between the Monthly Reimbursement and the TOT Receipts for such month (the “Monthly Actual Reimbursement Amount”). The Monthly Reimbursement Amount shall not be increased in the event TOT Receipts for a given month exceed the Monthly Reimbursement Amount. However, it is the expectation of the Parties that the total of the Monthly Actual Reimbursement Amount for each 12 month period during the Reimbursement Term (the “Annualized Reimbursement”) will equal $480,000.00 and that the TOT Receipts for each such period (the “Annualized TOT Receipts”) will exceed $480,000.00. Accordingly, at the end of each 12 month period during the Reimbursement Term (each an “Agreement Anniversary Date”), a true up shall occur (the “True Up”) by which if by operation of this Agreement the Annualized Reimbursement is less than $480,000.00, but the Annualized TOT Receipts exceed $480,000.00, then an additional reimbursement payment shall be made by City to Hotel Operator in an amount that will cause the total Annualized Reimbursement for such period to equal $480,000.00 (the “True Up Payment.”) At the time of the true up, if both the Annualized Reimbursement and the Annualized TOT Receipts are less than $480,000.00 (the (“Reimbursement Deficit”), the Reimbursement Term shall be extended by a one month for every $40,000.00, or portion thereof, of the Reimbursement Deficit, until such time as the Reimbursement Deficit is fully paid.

C. Subject to the terms and conditions of this Agreement, the City shall pay to the Hotel Operator, from any sources of funds available to the City by law for payment of contractual obligations, the Monthly Actual Reimbursement Amount each month until the City has paid to the Hotel Operator the Total Reimbursement Amount.

Payment of the Monthly Actual Reimbursement Amount shall commence on the first day of the month (the “Reimbursement Commencement Date”) following the first full month after (i) the satisfaction of the Reimbursement Obligation Conditions (as defined in Section 2 of this Agreement) and (ii) the City has collected and verified for that first full month (and pro-rated amount, if any, from the prior month to that first full month) the TOT Receipts from the Project, and from thereon shall continue for sixty (60) months,

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plus any additional months added due to application of the provisions of Section 1(B) above, following the Reimbursement Commencement Date of the Monthly Actual Reimbursement Amounts (the last date is referred to herein as the “Reimbursement Termination Date,” and the entire reimbursement period from the Reimbursement Commencement Date until the Reimbursement Termination Date is referred to herein as the “Reimbursement Term”). Notwithstanding any provision hereof to the contrary, the Total Reimbursement Amount shall not exceed $2,400,000.00.

D. At the end of each year after the Reimbursement Commencement Date, either the City or Hotel Operator may request a review of year-to-date remittances and TOT Receipts from the Project to verify the prior-year’s reimbursement amounts were correctly calculated and paid. Additionally, either the City or Hotel Operator may request an audit, performed by an independent licensed auditor selected by the requesting Party, to review and verify that any reimbursement amounts were correctly calculated and paid. In the event that any such review or audit discloses that an overpayment was made by the City for any Actual Monthly Reimbursement Amount, and such error is not addressed by the annual True-Up, the Hotel Operator shall return to the City within ninety (90) days of the disclosure date the amount of the overpayment; in the event that any such review or audit discloses that an underpayment was made by the City for any Actual Monthly Reimbursement Amount, and such error is not addressed by the annual True-Up, the City shall pay to the Hotel Operator within ninety (90) days of the disclosure date the amount of the underpayment. For any over- or underpayment disclosed pursuant to a review or audit, the Hotel Operator may return to

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the City the amount of the City’s overpayment by offset, with the City reducing in the amount of the overpayment the amount of a subsequent(s) reimbursement payment.

E. The Hotel Operator shall retain for no less than four (4) years after the Reimbursement Termination Date a complete set of accounting records for the operations of the Project, including gross and net revenues received from payment of any room rate, service fee, or other consideration received for renting hotel rooms at the Project. The accounting records shall cover no less than the entire Reimbursement Term. The City shall have the right, upon no less than five (5) days’ prior notice to the Hotel Operator, to inspect any and all accounting records to review and verify the gross and net revenues from the Project for purposes of confirming any reimbursement made under this Agreement were in the correct amounts as set forth herein. This Subsection (E) shall survive the expiration of the Reimbursement Term and the termination of this Agreement.

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1978 or any bankruptcy or debtor relief law, and no general assignment by Hotel Operator for the benefit of creditors or the appointment of any receiver or trustee of all or any portion of the assets of the Hotel Operator.

The Reimbursement Obligation Conditions set forth in Subsections (C), (D), and (E) above shall be continuing obligations of the Hotel Operator for the entire Reimbursement Term. In the event that the Hotel Operator fails to meet any one of these Reimbursement Obligation Conditions at any time during the Reimbursement Term, the City shall have no obligation to pay to the Hotel Operator a Monthly Actual Reimbursement Amount for any and all months that the Hotel Operator fails to meet one or more of these Reimbursement Obligation Conditions in Subsection (C), (D), or (E).

Section 5. Indemnification.

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B. The Hotel Operator shall indemnify, defend, and hold harmless the City, and its officials, officers and employees, from all demands, claims, actions and damages, of whatever type or nature, including all costs of defense and attorneys’ fees, to any person or property arising out of or caused by the Hotel Operator’s breach of this Agreement, except for any demands, claims, actions and damages caused by the City’s active negligence or willful misconduct.

Section 6. Default.

5. Failure to comply with any requirement imposed on Hotel Operator by any applicable land use or other permit or approval for the Project.

City and Hotel Operator agree that, notwithstanding any other language in this Agreement, damages would not be an adequate or appropriate remedy if City or Hotel

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Operator fails to carry out their obligations under this Agreement. Therefore, specific performance of this Agreement is the only remedy which would compensate Hotel Operator if City fails to carry out its obligations under this Agreement, and City hereby agrees that Hotel Operator shall be entitled to specific performance in the event of a default by City hereunder. Further, specific performance of this Agreement is the only remedy which would compensate City if Hotel Operator fails carry out its obligations under this Agreement.

Section 7. Compliance with Governmental Regulations. Hotel Operator shall, at its sole cost and expense, comply with all applicable municipal, county, state and federal laws, rules, regulations and ordinances now in force, or which may hereafter be in force, pertaining to its activities contemplated under this Agreement, including, but not limited to: issuance of building and use permits and compliance with all federal and state labor laws (collectively, “Laws”).

Section 8. Miscellaneous Provisions.

D. Time of the Essence. Time is of the essence of each and every provision of this Agreement.

E. Notices. Notices or other communications given under this Agreement shall be in writing and shall be served personally or transmitted by overnight courier

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(such as FedEx), or by first class mail, postage prepaid. Notices shall be deemed received either at the time of actual receipt or, if mailed by first class mail in accordance herewith, on the third (3rd) business day after mailing, whichever occurs first. Notices shall be directed to the Parties at the following addresses or at such other addresses as the parties may indicate by notice:

K. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties’ respective heirs, legal representatives, successors and assigns.

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herein, written or oral. No change, modification, addendum or amendment to any provision of this Agreement shall be valid unless executed in writing by each Party hereto.

M. Attorneys’ Fees. In the event of any litigation arising out of this Agreement, the prevailing Party in such action shall be entitled to recover its reasonable costs and expenses, including, without limitation, reasonable attorneys’ fees and costs paid or incurred in good faith. The “prevailing party” for purposes of this Agreement, shall be deemed to be that Party who obtains substantially the result sought, whether by settlement, dismissal or judgment.

N. Amendment. This Agreement may be amended only by a written instrument signed by both City and the Hotel Operator.

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Attachment: 2021-05-27 City Council - Full Agenda-2278 (5470 : Public Hearing MARRIOT HOTEL SUBSIDY AGREEMENT) 10 258067.1
Q. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

IN WITNESS WHEREOF, the Parties hereto have executed this instrument as of the day and year first above written.

CITY: HOTEL OPERATOR:

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Packet Pg. 100 Attachment: 2021-05-27 City Council - Full Agenda-2278 (5470 : Public Hearing MARRIOT HOTEL SUBSIDY AGREEMENT) Regular Meeting
09/18/23 06:00 PM
City Manager Department
Maribel Hernandez
Report
Doc ID: 5473

AGENDA ITEM
AGENDA MATTER:

CITY MANAGER'S AUGUST 2023 UPDATE
EXECUTIVE SUMMARY:

The City Manager’s Update is a communication device utilized to provide an overview of upcoming events and items of general interest to the Mayor and members of the City Council. Included with the update are reports from City Departments on various programs, initiatives, and achievements.

To learn more about the monthly update or have any questions, don't hesitate to contact the relevant department.

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Receive and file.

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Packet Pg. 109 Attachment: CM August Update (5473 : City Manager's August 2023 Update)

Barstow City CouncilSeptember 18, 2023

Barstow City Council
September 18, 2023