Agenda packet — Barstow City Council, March 4, 2024

BARSTOW CITY COUNCIL /

BARSTOW FIRE PROTECTION DISTRICT

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MARCH 4, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA

JOINT SPECIAL MEETING
Agenda-March 4, 2024

Page 1 of 5 ends

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
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

INVOCATION
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-March 4, 2024

Page 2 of 5 ends

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

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

PUBLIC COMMENT - CLOSED SESSION:

CLOSED SESSION AGENDA ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Recommended Action:
(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 plaintiff or plaintiffs. (Gov.

Code § 54956.9(e)(1))
Number of Potential Cases: [1]
REPORT OF CLOSED SESSION:

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

INVOCATION:

PLEDGE OF ALLEGIANCE:

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

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

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

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

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

REVIEW AND APPROVAL OF AGENDA: THIS IS THE TIME FOR MEMBERS OF THE GOVERNING BOARD TO CALL FOR REARRANGING THE ORDER OF THE AGENDA; ADDING ITEMS TO OR REMOVING ITEMS FROM THE AGENDA; OR REMOVING ITEMS FROM THE CONSENT CALENDAR FOR DISCUSSION AND/OR SEPARATE ACTION. ITEMS MAY ONLY BE ADDED TO THE AGENDA AS ALLOWED BY STATE LAW, INCLUDING GOVERNMENT CODE SECTION 54954.2, SUBDIVISION (B),

ALLOWING EMERGENCY ITEMS TO BE ADDED BY MAJORITY VOTE AND ALLOWING ITEMS THAT AROSE TO THE CITY’S ATTENTION AFTER THE AGENDA POSTING DEADLINE, BUT WHICH

REQUIRE IMMEDIATE ACTION, TO BE ADDED BY A TWO-THIRDS VOTE OF THE COUNCIL Agenda-March 4, 2024

Page 3 of 5 ends

MEMBERS PRESENT AT THE MEETING, OR, IF LESS THAN TWO-THIRDS OF THE COUNCIL MEMBERS ARE PRESENT, A UNANIMOUS VOTE OF THOSE MEMBERS PRESENT.

PRESENTATIONS:

None
CONSENT CALENDAR PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE GOVERNING BOARD ON ALL MATTERS ON THE CONSENT CALENDAR.

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

MINUTES ALL AGENCIES:

None
ACCOUNTS PAYABLE ALL AGENCIES:

2. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:

Approve and ratify expenses, as audited, for checks #94395-94561 totaling $4,766,708.37 and wires #925-928 totaling $169,876.96, per the Agency breakdown below:

City: $4,734,442.78
Fire: $202,142.55
Successor Agency: $0.00
Grand Total: $4,936,585.33
CITY COUNCIL:

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:

3. PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX REIMBURSEMENT SUBSIDY AGREEMENT AND CITY’S OUTSIDE COUNSEL EVALUATION OF AGREEMENT’S FORMATION
Recommended Action:

Staff recommends the City Council review this information and hold this additional public hearing, per Government Code section 53083, to receive public comment and confirm that the developer remains in compliance with the agreement, allowing staff to implement the agreement and make the first subsidy payment, unless directed otherwise by the City Council.

BUSINESS / ACTION ITEMS:

CITY COUNCIL:

4. YOUTH COMMUNITY PROMOTIONAL FUND BUDGET APPROPRIATION Recommended Action:

Agenda-March 4, 2024

Page 4 of 5 ends

To formally increase the youth account 102.150.542.07.770 to $75,000 from $38,000 and increase Seniors account 102.150.07.771 from $15,000 to $25,000 with a total increase of $47,000.

5. APPROVAL FOR COUNCIL MEMBER CARMEN HERNANDEZ TO TRAVEL TO THE CITY COUNTY 2024 CONFERENCE IN LAKE ARROWHEAD, CA
Recommended Action:

Approve travel for Council Member Hernandez to attend the City-County Conference in Lake Arrowhead scheduled for May 16 - 17, 2024.

6. SURPLUS LAND ACT DESIGNATION: APNS: 0427-062-44-0000, 0427-062-45-0000, 0427- 062-43-0000
Recommended Action:

Staff recommends that the City Council declare the listed properties surplus and direct the City Manager to send a written Notice of Availability of surplus land to HCD and conduct all other required activities to declare the land surplus.

7. SURPLUS LAND ACT DESIGNATION: APNS: 0182-011-14-0000, 0182-011-15-0000, 0182- 011-16-0000, 0182-011-17-0000, 0182-011-12-0000, 0181-063-26-0000, 0181-063-27-0000, 0182-012-09-0000, 0182-012-08-0000, 0182-011-18-0000, 0182-012-24-0000, 0182-012-37- 0000, 0182-093-06-0000, 0181-063-25-0000, 0182-012-10-0000, 0182-012-52-0000, 0181-072- 26-0000, , 0182-012-39-0000, 0182-012-23-0000, 0182-011-26-0000, 0426-041-05-0000, 0182- 011-27-0000, 0182-012-44-0000, 0182-011-23-0000, 0426-061-06-0000, 0182-012-02-0000, 0182-012-01-0000, 0182-012-43-0000, 0424-132-67-0000, 0182-011-21-0000, 0181-011-07- 0000, 0181-011-17-0000, 0182-011-19-0000, 0181-011-04-0000, 0181-011-18-0000, 0182-011- 10-0000, 0182-011-11-0000, 0182-011-24-0000, 0182-011-25-0000, 0182-012-36-0000, 0182- 011-07-0000, 0182-011-22-0000
Recommended Action:

Staff recommends that the City Council declare the listed properties exempt surplus under the Small Parcels Exemption (Gov. Code, § 54221 subd. (f)(1)(B)) and direct the City Manager to send a written notification of the City’s declaration and findings to HCD and conduct all other required activities to declare the land exempt surplus.

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.

STAFF REPORTS:

PUBLIC SAFETY REPORTS:

COUNCIL COMMITTEE REPORTS:

BUSINESS OF THE COUNCIL:

ADJOURNMENT:

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

Agenda-March 4, 2024

Page 5 of 5 ends

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

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

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

Posted on the 29th day of February, 2024.

Approved:
_________________________________ ____________________________________________ Paul Anthony Courtney, Mayor/BFPD Chair Andrew Espinoza Jr., Interim City Manager ___________________________________
Nick Dinapoli, Fire Chief Andrea Flores, City Clerk/Secretary Joint Special Council/BFPD
03/4/24 06:00:PM
Maribel Hernandez
Doc ID: 5587

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None
RECOMMENDED ACTION:
(Gov. Code § 54956.9(d)(2) & (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]
1 Packet Pg. 6
Joint Special Council/BFPD
03/4/24 06:00 PM
Finance
Ana Flores
Account Payable Expenditures
Doc ID: 5585

AGENDA ITEM
AGENDA MATTER:

RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
EXECUTIVE SUMMARY:

Approve and ratify City of Barstow, Barstow Fire Protection District (Fire) and Successor Agency accounts payable expenditures for checks #94395-94561 totaling $4,766,708.37 and wires #925-928 totaling $169,876.96 as described in detail in discussion box below.

DISCUSSION:

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

Wire/Check # Date Fiscal Year Agency Amount
Wires #925 02/06/24 FY23/24 City $352,250.14
Check #94395-94450 Fire $93,099.75
Successor $0.00
Run Total $445,349.89
Wires #926-928 02/16/24 FY23/24 City $4,382,192.64
Check #94451-94561 Fire $109,042.80
Successor $0.00
Run Total $4,491,235.44
AP Run Grand Total $4,936,585.33
FISCAL IMPACT:

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

Accordingly, sufficient funds have been budgeted for these checks.

RECOMMENDED ACTION:

Approve and ratify expenses, as audited, for checks #94395-94561 totaling $4,766,708.37 and wires #925-928 totaling $169,876.96, per the Agency breakdown below:

City: $4,734,442.78
Fire: $202,142.55
Successor Agency: $0.00
Grand Total: $4,936,585.33
2 Packet Pg. 7
Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total 925 02/06/2024 001478 GOLDEN STATE WATER COMPANY 24374565778 LENWOOD RD & MAIN ST IRR - 2" METER City 259.20 947.58 39285400006 LNWD RD/HIGHPOINT LANDSC- 2" METER City 257.21 85149400005 LENWOOD RD X SERRANO DR - 2" METER City 257.21 39449422623 LENWOOD RD @ W MAIN - 1" METER City 86.98
LENWOOD RD @ W MAIN - 1" METER City 86.98
94395 02/06/2024 013155 A CHUBB COMPANY, COMBINED INSURANCE CO DEC2023 DEC 2023 LONG-TERM CARE BENEFIT City 919.04 919.04 94396 02/06/2024 012530 ACTIVE NETWORK LLC 4100181704 01/01/24 - 12/31/24 YEARLY SUBSCRIPTION City 4,725.00 4,725.00 94397 02/06/2024 004142 ALLSTAR FIRE EQUIPMENT 252488 FIRE EQUIPMENT -SCBA REPAIR Fire 383.80 1,099.08 252906 WILDLAND BOOTS -POSEY Fire 365.00
252723 WILDLAND BOOTS -ATWELL Fire 350.28
94398 02/06/2024 011490 BARNES, MARK FEB2024 FEB 2024 HEALTH INSURANCE REIMBURSEMENT Fire 157.00 157.00 94399 02/06/2024 002044 DAPEER ROSENBLIT & LITVAK LLP 22427 12/06/23 - 12/31/23 SERVICES -CODE ENFORCEMENT City 3,232.10 3,249.60 12/06/23 - 12/31/23 SERVICES -CODE ENFORCEMENT City 17.50 94400 02/06/2024 012592 DELUCAS, JUANANTONIO T 020124 JAN 01/08/24 PLANNING COMMITEE MEETING City 100.00 100.00 94401 02/06/2024 000566 ESRI 94657325 03/16/24 - 03/15/24 ESRI SOFTWARE Fire 5,500.00 29,300.00 03/16/24 - 03/15/24 ESRI SOFTWARE City 23,800.00
94402 02/06/2024 010922 GRUBER POWER SERVICES 249797 GRUBER YEARLY MAINTENANCE City 6,020.29 6,020.29 94403 02/06/2024 000740 HI DESERT ALARM & FIRE INC 107958 HD15053 HH MAIN AREA -FEB 2024 City 103.41 1,782.91 HD15054 HH STE 66 -FEB 2024 City 32.55
HD15055 HH FAA -FEB 2024 City 15.75
HD15056 500 MELISSA -FEB 2024 City 31.50
HD15057 2800 MAYOR KATY -FEB 2024 City 50.00
HD15058 CORP YARD -FEB 2024 City 45.15
HD15059 HH TRAIN -FEB 2024 City 32.55
HD15060 YOUTH SNACKBAR -FEB 2024 City 50.00
HD15061 ADULT SNACKBAR -FEB 2024 City 50.00
HD15062 HH PAL CENTER-FEB 2024 City 42.00
58107 ALARM SYSTEM REPAIR -SPORTS PARK City 400.00
58108 ALARM SYSTEM REPAIR -SPORTS PARK City 400.00
58110 ALARM SYSTEM REPAIR -SPORTS PARK City 400.00

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 06, 2024

Page 1 of 5 ends

2.a
Packet Pg. 8
Attachment: AP RUN 020624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 06, 2024
58109 ALARM SYSTEM REPAIR -SPORTS PARK City 70.00
57992 ALARM SYSTEM REPAIR -HENDERSON POOL City 60.00
94404 02/06/2024 012998 JONES, KENNETH 020124 01/21/24 - 02/03/24 ADPP PAYMENT City 1,631.40 1,631.40 94405 02/06/2024 012599 LOCAL EQUITY LLC 02032023 DEC 2023 CONSULTING SERVICES City 6,000.00 18,000.00 01022024 JAN 2024 CONSULTING SERVICES City 6,000.00
02032023 FEB 2024 CONSULTING SERVICES City 6,000.00
94406 02/06/2024 012880 MAGNIFICENT JANITORIAL SERVICE INV-20246 JAN 2024 BI-WEEKLY JANITORIAL SERVICES City 2,400.00 2,400.00 94407 02/06/2024 013162 MEC ENVIRONMENTAL INC C231-556.01 ASBESTOS INSPECTION- JASPER PARK BUILDING City 4,452.00 4,452.00 94408 02/06/2024 001040 MERRELL-JOHNSON ENGINEERING IN E2023931 DEC 2023 PLLA-23-0002 REVIEW City 446.88 584.38 E2023927 DEC 2023 BGRD21-0007 REVIEW City 137.50
94409 02/06/2024 012025 MUNISERVICES INV06-017515 FY23 ACFR STATISTICAL REPORTS City 2,240.00 2,240.00 94410 02/06/2024 012262 PLACEWORKS INC 83072 DEC 2023 - PLANNING CONSULTANTS City 26,129.08 26,129.08 94411 02/06/2024 004206 ROSS, RICHARD FEB2024 FEB 2024 HEALTH INSURANCE REIMBURSEMENT Fire 600.00 600.00 94412 02/06/2024 004876 SHREDYOURDOCS COM 12489 JAN 2024 SHRED SERVICES -CITY HALL City 132.00 132.00 94413 02/06/2024 011817 SOFTWARE ONE INC US-PSI-1381744 MICROSOFT ENTERPRISE AGREEMENT City 33,407.28 33,407.28 94414 02/06/2024 001683 WAXIE SANITARY SUPPLY 82173333 CLEANING SUPPLIES -FIRE Fire 850.68 850.68 94415 02/06/2024 002205 WHATLEY PC, COLANTUONO HIGHSMITH & OCT 2023 OCT 2023 LEGAL SERVICES City 35,360.00 69,974.91 NOV 2024 NOV 2023 LEGAL SERVICES City 34,614.91
94416 02/06/2024 001714 ZIEMER PLUMBING INC 23173 REPAIRED RECIRCULATING PUMP - FS361 Fire 1,117.38 1,117.38 94417 02/06/2024 011210 2 HOT ACTIVEWEAR 7097 NEW HIRE UNIFORMS -HERNANDEZ City 900.00 900.00

Page 2 of 5 ends

2.a
Packet Pg. 9
Attachment: AP RUN 020624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 06, 2024
94418 02/06/2024 010980 BAY CITY ELECTRIC WORKS R001027 MOBILE GENERATOR RENTAL City 5,198.39 5,198.39 94419 02/06/2024 013204 BEHAVIOR ANALYSIS TRAINING LLC 020524 REGISTRATION FOR FIRST RESPONDERS COURSE City 552.00 552.00 94420 02/06/2024 012859 BIG SKY ELECTRIC INC 23-049-01 ELECTRICAL REPAIR -LILLIAN PARK SNACK BAR City 1,180.00 1,180.00 94421 02/06/2024 012085 BRAND JR, RODNEY 020124 JAN 01/08/24 PLANNING COMMITTEE MEETING City 100.00 100.00 94422 02/06/2024 012615 CENTRALSQUARE TECHNOLOGIES 400253 CS ASSET MANAGEMENT / LUCITY MAINTENANCE City 13,466.47 13,466.47 94423 02/06/2024 012860 CHARTER COMMUNICATIONS 8448410960595886 SPORTSPARK EPL -CITY SIDE City 535.09 985.75 8448410960551319 PARK AND REC TEEN CENTER WIFI City 377.97 8448410960402828 POLICE DEPT - CABLE SERVICES City 72.69 94424 02/06/2024 011615 CINTAS CORPORATION #2 5192344384 FIRST AID SUPPLIES -WWTP City 240.83 381.94 5188427446 FIRST AID SUPPLIES -WWTP City 141.11
94425 02/06/2024 011092 CURTIS & SONS, L N INV780554 BALL INTAKE VALVES City 5,286.88 5,286.88 94426 02/06/2024 012504 DCS TESTING & EQUIPMENT INC 20187 FIRE HOSE TESTING City 5,598.45 6,836.15 LADDER TESTING City 504.00
OES FIRE HOSE TESTING City 733.70
94427 02/06/2024 011764 FRONTIER COMMUNICATIONS OF CA 209-148-0720 INFORMATION TECHNOLOGY City 121.92 240.90 256-1528 FINANCE FAX LINE City 61.26
255-2047 POLICE DEPT - MELISSA ST ANNEX FAX City 57.72
94428 02/06/2024 001805 HDL COREN & CONE SIN035233 JAN-MARCH 2024 PROPERTY TAX -CITY City 3,790.52 7,081.76 SIN035234 JAN-MARCH 2024 PROPERTY TAX -FIRE Fire 3,291.24 94429 02/06/2024 011741 INDUCTIVE AUTOMATION LLC 1310036 INDUCTIVE AUTOMATION City 5,038.80 5,038.80 94430 02/06/2024 013210 JOHNSON, QUINTASHA 020124 CHEER UNIFORM REFUND City 125.00 125.00 94431 02/06/2024 012486 LANAIR GROUP LLC 73122 AD / EXCHANGE MIGRATION SERVICES City 14,750.00 14,750.00

Page 3 of 5 ends

2.a
Packet Pg. 10
Attachment: AP RUN 020624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 06, 2024
94432 02/06/2024 013174 LIRA, ALEXANDRA 1031453.002 10/24/2023 DANA PARK DEPOSIT REFUND City 100.00 100.00 94433 02/06/2024 003541 LOS DOMINGOS Q02022024 LEAGUE OF CALIFORNIA CITIES LUNCHEON City 1,153.00 1,153.00 94434 02/06/2024 011032 PARS 54645 NOV 2023 PARS FEES City 478.03 478.03 94435 02/06/2024 012618 PETER MANGONE INC 44378 ZIPTIES FOR BOOKING EVIDENCE City 88.78 88.78 94436 02/06/2024 013135 ROUTE 66 ANIMAL RESCUE COB0224-00 COB ANIMAL CARE SERVICES City 8,741.00 8,741.00 94437 02/06/2024 001418 SAN BERNARDINO CO SHERIFF'S DEC2023 EVIDENCE BAGS City 78.55 78.55 94438 02/06/2024 000814 SAN BERNARDINO COUNTY 29340 DEC 2023 RADIO ACCESS MAINTENANCE -FIRE Fire 4,005.06 4,005.06 94439 02/06/2024 000409 SAN BERNARDINO, COUNTY OF NOV2023 NOV 2023 COUNTY COURT FEES City 46.50 46.50 94440 02/06/2024 004125 SBCERA 12073 01/07/24 - 01/20/24 RETIREMENT -FIRE Fire 73,165.60 73,165.60 94441 02/06/2024 001476 SOUTHERN CALIFORNIA EDISON CO 700629301587 STRINGHAM PARK City 212.32 212.32 94442 02/06/2024 001482 SOUTHWEST GAS CORP 910000543236 FIRE DIST361 - 861 BARSTOW RD Fire 2,578.83 10,824.38 910000784754 CORPORATION YARD City 2,572.18
910000105833 CITY HALL City 1,814.74
910000543237 COMMUNITY CENTER City 1,087.76
910000303011 DANA PARK BUILDING City 756.23
910000001867 WWTP- 2200 RIVERSIDE DR City 650.24
910000625294 FIRE DIST 363 - 2600 W MAIN ST Fire 631.62 910000769274 PD ANNEX -500 MELISSA City 551.10
910000625179 HARVEY HOUSE- 685 N 1ST AVE City 115.66
910000625200 SPORTSPARK UNIT #1 City 19.87
910000345965 JASPER FIRE DEPT BUILDING City 13.15
910000561911 JASPER PARK BUILDING City 11.00
910000107299 FOGLESONG PARK BUILDING City 11.00

Page 4 of 5 ends

2.a
Packet Pg. 11
Attachment: AP RUN 020624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 06, 2024
910000625197 SPORTSPARK City 11.00
94443 02/06/2024 013211 STATE OF CALIFORNIA 020124 REFUND CANNABIS EQUITY GRANT FUNDS City 69,795.13 69,795.13 94444 02/06/2024 013175 TASHCON CORPORATION 020124 REFUND CWMP PERFORMANCE DEPOSIT City 320.00 320.00 94445 02/06/2024 012946 TIRE & SVC CENTERS, GOODYEAR COMM 230-1046428 TIRES (4) -CODE ENFORCEMENT City 467.84 467.84 94446 02/06/2024 012175 UNIFIRST CORPORATION 2200090211 UNIFORM SERVICES -WWTP City 99.21 203.75 2200090198 UNIFORM SERVICES -FLEET City 52.28
2200087809 UNIFORM SERVICES -FLEET City 52.26
94447 02/06/2024 001662 VULCAN MATERIALS COMPANY 73892302 COLD MIX FOR POTHOLES City 1,556.34 1,888.46 73889234 ASPHALT REPAIR -DIAMOND AVE City 332.12
94448 02/06/2024 004137 WESTERN EXTERMINATOR CO 56359980 JAN 2024 SQURREL CONTROL -SPORTS PARK City 177.00 365.41 56357819 JAN 2024 PEST CONTROL -FS361 Fire 103.26
56359984 JAN 2024 PEST CONTROL -FOGLESONG PARK City 85.15 94449 02/06/2024 012766 WHITE CAP LP 50025163640 SAND BAGS City 1,372.43 1,372.43 94450 02/06/2024 002363 ZIEMER, ANDREW 020124 JAN 01/08/24 PLANNING COMMITTEE MEETING City 100.00 100.00 AGENCY TOTAL 445,349.89 445,349.89
City 352,250.14
Fire 93,099.75
Successor Agency -
445,349.89

Page 5 of 5 ends

2.a
Packet Pg. 12
Attachment: AP RUN 020624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total 926 02/16/2024 001257 PUBLIC EMP RETIREMENT SYSTEM 100000017420817 FEB 2024 HEALTH INSURANCE -CITY City 141,090.50 141,090.50 927 02/16/2024 001257 PUBLIC EMP RETIREMENT SYSTEM 100000014720821 FEB 2024 HEALTH INSURANCE -FIRE Fire 2,937.41 25,209.55 FEB 2024 HEALTH INSURANCE -FIRE City 22,272.14
928 02/16/2024 001478 GOLDEN STATE WATER COMPANY 19513100008 500 MELISSA AVE- 2" METER City 1,193.14 2,629.33 33365634030 MURIEL DR @ BROADWAY AVE IRRIGATION City 315.39 20538369305 MELISSA @ E WMS - 2" METER City 203.22
MELISSA @ E WMS - 2" METER City 87.09
73808907999 WWTP- 2200 RIVERSIDE DR, 2" METER City 269.19 14658448023 WWTP- 2200 RIVERSIDE DR, 2" METER City 267.20 54742552323 OPAL @ RIMROCK RD- 2" METER City 182.99
OPAL @ RIMROCK RD- 2" METER City 78.43
07939100009 FIRE DISTRICT- 29780 HWY 58 Fire 32.68
94451 02/16/2024 013155 A CHUBB COMPANY, COMBINED INSURANCE CO JAN2024 JAN 2024 LONG-TERM CARE BENEFIT City 912.54 912.54 94452 02/16/2024 000017 A DOOR COMPANY 87451 INSTALLED DOOR -FS366 Fire 2,325.00 2,325.00 94453 02/16/2024 013034 ACCURATE LIVESCAN 103 JAN 2024 LIVESCANS City 250.00 475.00 97 DEC 2023 LIVESCANS City 225.00
94454 02/16/2024 004067 ALTEC INDUSTRIES INC 12476490 HYDRAULIC RESERVOIR SIGHT GLASS -UNIT 8609 City 58.22 58.22 94455 02/16/2024 003553 AMERICAN TOWING LLC 8709 SUSPENSION AND BRAKE PARTS Fire 9,070.37 9,070.37 94456 02/16/2024 011343 ATLAS ENVIRO ENGINEERING INC 351422 2023/Q4 DATA EVALUATION/REPORTING City 5,200.00 5,200.00 94457 02/16/2024 002177 BURRTEC WASTE INDUSTRIES INC JAN2024 JAN 2024 ORGANICS PROCESSING City 9,317.05 9,317.05 94458 02/16/2024 000293 CA TOOL & WELDING SUPPLY DH5541 WELDING GAS & HELIUM -PUBLIC WORKS City 29.08 29.08 94459 02/16/2024 000248 CT SALES DISCOUNT AUTO PARTS 177309-1 FRONT BRAKES -UNIT 8442 City 529.01 1,695.51 176777-1 MOTOR OIL -UNIT 9127 City 220.02
176468-1 TIRE PRESSURE SENSORS -UNIT 8624 City 192.23
177414-1 WIPER BLADES City 159.22

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024

Page 1 of 20 ends

2.b
Packet Pg. 13
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024
176793-1 TIRE PRESSURE SENSORS -UNIT 9091 City 141.95
177653-1 BALL JOINT, WASHER PUMP & STEERING City 127.73 176457-1 BELT, TENSIONER, & IDLER PULLEY - UNIT 8589 City 111.00 176980-1 FILTERS, BELT, & RADIATOR CAP City 85.11
176947-1 IDLER PULLEY & WIPERS -UNITS 9117 & 9114 City 68.27 176933-1 WIPER BLADES -UNIT 9114 City 60.97
94460 02/16/2024 002360 ELLIS FENCE CO INC 7909 REPAIRED GATE -EMPLOYEE PARKING LOT City 175.00 175.00 94461 02/16/2024 004284 ENTERPRISE FLEET MANAGEMENT FEB24 FEB 2024 LEASE GENERAL FUND City 12,819.68 39,793.94 FEB 2024 LEASE POLICE City 8,500.82
FEB 2024 LEASE MEASURE Q POLICE City 15,528.31
FEB 2024 LEASE FIRE MEASURE Q City 284.97
FEB 2024 LEASE FIRE Fire 27.19
FEB 2024 LEASE WASTEWATER City 2,457.35
FEB 2024 LEASE SOLID WASTE City 175.62
94462 02/16/2024 000590 FARMER BROTHERS CO 90305221 COFFEE - FIRE Fire 345.60 345.60 94463 02/16/2024 010834 FASTENAL CAVIC90946 SHOP SUPPLIES -WWTP City 859.59 859.59 94464 02/16/2024 011712 FLYERS ENERGY LLC CFS-3728991 JAN 16-31 FUEL -PD MEASURE Q City 102.70 35,433.16 JAN 16-31 FUEL -PD City 9,455.22
CFS-3717566 JAN 01-15 FUEL -PD City 8,184.24
CFS-3722784 JAN 16-31 FUEL -FLEET MEASURE Q City 421.86 JAN 16-31 FUEL -FLEET City 5,856.32
CFS-3711700 JAN 01-15 FUEL -FLEET MEASURE Q City 373.97 JAN 01-15 FUEL -FLEET City 5,202.29
CFS-3711867 JAN 01-15 FUEL -FIRE MEASURE Q City 1,526.98 JAN 01-15 FUEL -FIRE Fire 1,235.17
CFS-3722785 JAN 16-31 FUEL -FIRE MEASURE Q City 1,558.32 JAN 16-31 FUEL -FIRE Fire 1,097.36
CFS-3712071 JAN 01-15 FUEL -WWTP City 232.75
CFS-3722777 JAN 16-31 FUEL -WWTP City 185.98
94465 02/16/2024 003474 GARDA CL WEST INC 10767101 FEB 2024 BANK TRANSPORT City 772.44 801.38

Page 2 of 20 ends

2.b
Packet Pg. 14
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024
20592919 JAN 2024 EXCESS PREMISE TIME City 28.94
94466 02/16/2024 013048 H B HEATING AND COOLING 1997 HVAC DUCT REROUTING City 1,405.00 1,405.00 94467 02/16/2024 012817 HIGH DESERT SUPPORT SERVICES 6073282-R8-00985 12/12/23 - 01/22/24 BASE OPERATIONS ANNEX H City 755,078.87 2,183,696.61 6073007-R8-00985 DEC 2023 BASE OPERATIONS City 729,795.65 6073275-R8-00985 11/28/23 - 12/11/23 BASE OPERATIONS ANNEX H City 467,471.24 6073296-R8-00985 12/12/23 - 01/22/24 BASE OPERATIONS ANNEX J City 123,477.83 6073129-R8-00985 11/28/23 - 12/11/23 BASE OPERATIONS ANNEX J City 57,270.87 6073005-R8-00985 DEC 2023 MAILROOM SERVICES City 22,994.14 6073132-R8-00985 11/28/23 - 12/11/23 BASE OPERATIONS ANNEX P City 11,589.79 6073285-R8-00985 12/12/23 - 01/22/24 BASE OPERATIONS ANNEX P City 11,362.64 6073284-R8-00985 12/12/23 - 01/22/24 BASE OPERATIONS ANNEX Q City 2,657.29 6073130-R8-00985 11/28/23 - 12/11/23 BASE OPERATIONS ANNEX Q City 1,998.29 94468 02/16/2024 012998 JONES, KENNETH 021424 02/04/24 - 02/17/24 ADPP PAYMENT City 1,631.40 1,631.40 94469 02/16/2024 001040 MERRELL-JOHNSON ENGINEERING IN E2024988 JAN 2024 1ST BRIDGE CONSULTING City 4,207.50 15,130.50 E2024987 JAN 2024 ENGINEERING CONSULTING SERVICES City 3,927.00 E2024997 JAN 2024 STORM WATER MANAGEMENT REVIEW City 1,430.00 E2024990 JAN 2024 BCOM18-0007 REVIEW City 1,058.75
E2023936 DEC 2023 FT IRWIN STRUCTURAL INSPECTION City 783.75 E2024996 JAN 2024 MS4 AUDIT PREP City 756.25
E2024998 JAN 2024 MS4 PROGRAM REVIEW City 687.50
E2024991 JAN 2024 BGRB-23-0013 REVIEW City 687.50
E2024999 JAN 2024 FT IRWIN STRUCTURAL INSPECTION City 616.00 E2024993 JAN 2024 BGRD23-0014 REVIEW City 398.75
E2024994 JAN 2024 ENCD-23-0001 REVIEW City 275.00
E2024992 JAN 2024 BGRD23-0010 REVIEW City 165.00
E2024995 JAN 2024 BOTC-23-0016 REVIEW City 137.50

Page 3 of 20 ends

2.b
Packet Pg. 15
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024
94470 02/16/2024 001020 MGT OF AMERICA LLC 56711 CLASS & COMP STUDY 2023/2024 City 12,804.50 12,804.50 94471 02/16/2024 000992 MOBILE OCCUPATION SERVICES INC 96880 PRE-EMPLOYMENT/RANDOM DRUG TEST City 35.00 295.00 PRE-EMPLOYMENT/RANDOM DRUG TEST City 260.00
94472 02/16/2024 011345 NAILON, JASON 0000431 BCAD-23-0005 REVIEW City 340.00 850.00 0000432 FSPK-24-0001 REVIEW City 255.00
0000433 FSPK-23-0006 REVIEW City 255.00
94473 02/16/2024 001103 NAPA AUTO PARTS OF BARSTOW 860459 FRONT ROTORS City 557.50 1,899.34 860784 TRANSMISSION FILTERS City 255.60
860348 REPLACEMENT BATTERY -UNIT 8618 City 210.57
860196 REPLACEMENT BATTERY -UNIT 9111 City 187.95
860765 BATTERY -UNIT 9090 City 171.41
860082 HOSE FOR OIL DRUM DISPENSER City 77.68
860478 THREADLOCKER & DISC BRAKE -UNIT 9117 City 76.17
860445 TIRE REPAIR, CLEANER, & SEALER City 67.89
860209 OIL & AIR FILTERS City 58.90
861067 REAR GATE AIR CHAMBER -UNIT 8619 City 56.76
860995 CLEARANCE LIGHTS -UNIT 0331 Fire 52.18
860161 OIL FILTERS -UNIT 9114 City 28.00
860669 DRIVE BELT --UNIT 7538 City 26.42
860193 HITCH COUPLER SAFETY CLIP (3) -UNIT 4969 City 23.95 860316 DRIVE BELT -UNIT 9111 City 21.59
860695 BUNGEE TARP STRAPS -UNIT 7578 City 14.32
860350 AIR BRAKE HOSE -UNIT 328 Fire 12.45
94474 02/16/2024 011608 NURSERY PRODUCTS LLC 45324 JAN 2024 HAUL/DISPOSAL BIOSOLIDS City 6,136.11 6,136.11 94475 02/16/2024 003889 O'REILLY / FIRST CALL 2794-137613 CV AXLE & UPPER CONTROL ARMS City 354.55 1,224.09 2794-138580 BRAKES & COOLANT RESERVOIR City 235.38

Page 4 of 20 ends

2.b
Packet Pg. 16
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024
2794-136649 BRAKE CLEANER & TRANSMISSION FLUID City 177.41 2794-138829 BRAKE CLEANER & OIL FILTER City 169.01
2794-137880 COOLANT RESERVOIR -UNIT 9099 City 94.93
2794-137659 CV HALF SHAFT City 92.81
2794-138192 WHEEL BALANCE BEADS -STREET DUMP TRUCK City 60.00 2794-136867 BALANCE BEADS FOR TIRES - FD 328 Fire 40.00 94476 02/16/2024 012632 SPECPRO PROFESSIONAL SERVICES INV-0002038362 12/28/23 - 1/27/24 SOLID WASTE City 614,726.59 654,865.51 INV-0002038360 12/28/23 - 1/27/24 ANIMAL CONTROL City 40,138.92 94477 02/16/2024 012907 THE FERRARO GROUP 23362 JAN 2024 PUBLIC RELATIONS SERVICES City 4,000.00 4,000.00 94478 02/16/2024 001621 UNDERGROUND SERVICE ALERT 120240040 FEB 2024 UTILITY MARKINGS City 360.00 628.28 122023004 JAN 2024 UTILITY MARKINGS City 111.50
23-2424145 FEB 2024 REGULATORY FEES City 78.39
23-242041 JAN 2024 REGULATORY FEES City 78.39
94479 02/16/2024 003194 US BANK CORPORATE 6214 PETE'S ROAD SERVICE, INC Fire 1,588.53 68,540.95 WEST COAST LIGHTS City 1,057.65
FORD MOJAVE FORD NISSAN OF BARSTOW City 221.85
FORD MOJAVE FORD NISSAN OF BARSTOW City 222.61
SAFETY KLEEN SYSTEMS City 699.88
AMAZON.COM City 48.42
SUNLAND FORD INC City 134.87
SOUTH COAST EVS City 571.36
A DESIGN FOR U City 1,535.44
AMERICAN TOWING & RECOVERY City 639.72
CONVERSIONS FIRESTONE City 64.75
ROYAL TRUCK BODY City 319.73
AMAZON.COM City 316.41
TOYOTA MOJAVE TOYOTA CHRYSLER City 52.20
FORD MOJAVE FORD NISSAN OF BARSTOW City 28.79
NICK BARBIERI TRUCKING City 2,075.06
NICK BARBIERI TRUCKING City 1,037.15
AMZN MKTP US City 367.01
HI DESERT FIRE INC City 1,184.30
CONVERSIONS FIRESTONE City 196.14
TOYOTA MOJAVE TOYOTA CHRYSLER City 318.64
CHAPARRAL MOTORSPORTS City 450.18
IMPERIAL SUPPLIES City (16.69)
STOTZ EQUIPMENT MONTCLAIR City 1,198.04
WEST COAST LIGHTS City 441.13

Page 5 of 20 ends

2.b
Packet Pg. 17
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024
TOYOTA MOJAVE TOYOTA CHRYSLER City 601.73
FORD MOJAVE FORD NISSAN OF BARSTOW City 86.98
FORD MOJAVE FORD NISSAN OF BARSTOW City 293.63
SOCAL RV CENTER City 2,490.00
TOYOTA MOJAVE TOYOTA CHRYSLER City 242.73
MIDAS AUTO SERVICE EXPERT City 109.99
CONVERSIONS FIRESTONE City 270.29
WEST COAST LIGHTS City 678.17
PETE'S ROAD SERVICE, INC City 675.77
TOYOTA MOJAVE TOYOTA CHRYSLER City (54.38)
SONSRAY MACHINERY FONTANA City 864.00
PETE'S ROAD SERVICE, INC City 685.62
0829 AMZN MKTP US City 826.44
DISCOUNTMUGS.COM City 1,487.95
OFFICE DEPOT #5125 City 815.61
AUTO NEWS SUBSCRIPTION City 20.00
THE HOME DEPOT #6972 City 2,000.00
THE HOME DEPOT #6972 City 635.34
6033 LJ STONE INC City 2,774.56
AMZN MKTP US City 97.86
AMZN MKTP US City 1,272.38
COLUMBIA SOUTHERN UNIVERSITY City 942.30
COLUMBIA SOUTHERN UNIVERSITY City 45.00
OGGI'S PIZZA AND BREWHOUSE City 89.96
GOOGLE City 1.99
AMZN MKTP US City 280.67
6003 LIFE ASSIST INC City 903.10
LIFE ASSIST INC City 957.34
LIFE ASSIST INC City 924.77
LIFE ASSIST INC City 980.58
LIFE ASSIST INC City 327.34
7040 THE HOME DEPOT #6972 City 130.37
THE HOME DEPOT #6972 City 1,098.24
DETROIT INDUSTRIAL TOOL City 389.00
DETROIT INDUSTRIAL TOOL City 194.47
THE HOME DEPOT #6972 City 367.58
HARBOR FREIGHT TOOLS #602 City 129.36
BARSTOW GLASS & MIRROR City 380.67
THE HOME DEPOT #1844 City 547.80
THE HOME DEPOT #1844 City 436.39
6581 MCMASTER-CARR City 315.45
FASTENAL COMPANY City 157.30
APPLIED IND TECH City 247.82
FASTENAL COMPANY City 635.99
BARSTOW INDUSTRIAL SUPPLY City 27.87
BARSTOW INDUSTRIAL SUPPLY City 88.26
ROYAL PC City 865.66
MCMASTER-CARR City 734.20
WAL-MART #1879 City 12.42
5420 LEAGUE OF CALIFORNIA CITIES City 675.00

Page 6 of 20 ends

2.b
Packet Pg. 18
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024
LEAGUE OF CALIFORNIA CITIES City 675.00
LEAGUE OF CALIFORNIA CITIES City 675.00
LEAGUE OF CALIFORNIA CITIES City 675.00
3475 THE HOME DEPOT #6972 City 216.93
THE HOME DEPOT #6972 City 11.69
THE HOME DEPOT #6972 City 48.84
THE HOME DEPOT #6972 City 495.14
THE HOME DEPOT #1844 City 412.65
THE HOME DEPOT #6972 City 40.52
THE HOME DEPOT #6972 City 145.01
THE HOME DEPOT #6972 City 7.91
THE HOME DEPOT #6972 City 15.20
THE HOME DEPOT #6972 City 110.58
THE HOME DEPOT #6972 City 56.12
LOWES City 69.82
THE HOME DEPOT #1844 City 349.03
THE HOME DEPOT #6972 City 46.16
THE HOME DEPOT #1844 City 227.51
2244 SOUTHWEST City 193.80
IIMC City 225.00
THE HOME DEPOT #6972 City 23.88
WALMART.COM City 278.18
FEDEX City 384.78
THE HOME DEPOT #6972 City 21.24
STAPLES City 25.00
WALMART.COM City (27.17)
WALMART.COM City (27.17)
WALMART.COM City (27.17)
WALMART.COM City (27.15)
FAIRFIELD INN & SUITES City 425.95
AMZN MKTP US City 27.75
TRACTOR SUPPLY #2189 City 414.73
ISA COMPNION ANIMAL CLINIC City 124.50
AMZN MKTP US City 17.35
8282 APPLE.COM City 2.99
AMAZON.COM City 61.96
DELL BUS ONLINE City 977.66
AMZN MKTP US City 30.22
AMZN MKTP US City 260.64
AMZN MKTP US City 651.41
2799 AMZN MKTP US City 163.09
AMZN MKTP US City 135.94
CLICKSAFETY City 199.86
HAAKER EQUIPMENT COMPANY City 542.60
OWPSACSTATE City 80.00
OWPSACSTATE City 130.25
TRACTOR SUPPLY #2189 City 59.77
PRINT N PLAY City 11.00
WAL-MART #1879 City 73.80
EVERIFILE City 75.00
THE HOME DEPOT #6972 City 68.00

Page 7 of 20 ends

2.b
Packet Pg. 19
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024
3123 DUNGAREES INC City 695.91
THE HOME DEPOT #6972 City 14.58
THE HOME DEPOT #6972 City 38.06
THE HOME DEPOT #6972 City 2.82
PLAYSETPARTS.COM City 322.35
THE HOME DEPOT #6972 City 36.58
THE HOME DEPOT #6972 City 21.71
BARSTOW INDUSTRIAL SUPPLY City 58.37
PRINT N PLAY City 121.00
DUNGAREES INC City 86.99
THE HOME DEPOT #6972 City 12.68
5252 THE HOME DEPOT #6972 City 33.94
HACH COMPANY City 1,345.02
9500 THE HOME DEPOT #6972 City 200.27
THE HOME DEPOT #6834 City 96.68
THE HOME DEPOT #6972 City 1,000.00
9897 ULINE City 840.63
BARSTOW INDUSTRIAL SUPPLY City 121.71
BARSTOW INDUSTRIAL SUPPLY City 279.00
THE HOME DEPOT #6972 City 12.69
8723 WAL-MART #1879 Fire 141.34
CTWS LLC City 942.19
THE HOME DEPOT #6972 Fire 13.03
3366 AMAZON.COM City 63.13
49ER COMMUNICATION INC City 378.88
KNOT & ROPE City 416.14
THE HOME DEPOT #6972 City 37.61
CT SALES DISCOUNT AUTO PARTS Fire 27.58
WAL-MART #1879 Fire 13.67
THE HOME DEPOT #6972 Fire 81.46
5192 49ER COMMUNICATION INC City 75.04
AMAZON.COM Fire 195.72
AMBER WATSON City 590.00
6305 MCCOY COUNTRY FEED & FARM City 53.86
PLANET HEADSET INC City 200.95
PLANET HEADSET INC City (200.95)
BIG SKY COMMUNICATIONS City 334.00
BIG SKY COMMUNICATIONS City 455.00
1118 CAL CHAMBER OF COMMERCE City 612.32
INLANDAREAP City 45.00
CORRA City 84.93
9701 THE HOME DEPOT #6972 City 180.80
THE HOME DEPOT #6972 City 4.44
THE HOME DEPOT #6972 City 173.57
THE HOME DEPOT #6972 City 17.26
BARSTOW INDUSTRIAL SUPPLY City 63.42
THE HOME DEPOT #6972 City 137.43

Page 8 of 20 ends

2.b
Packet Pg. 20
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024
THE HOME DEPOT #6972 City 59.46
THE HOME DEPOT #6972 City 41.27
9476 THE HOME DEPOT #6972 City 547.12
1787 THE HOME DEPOT #6972 City 231.96
BARSTOW INDUSTRIAL SUPPLY City 176.79
THE HOME DEPOT #6972 City 39.05
THE HOME DEPOT #6972 City 67.28
9977 THE HOME DEPOT #6972 City (4.18)
THE HOME DEPOT #6972 City 221.40
THE HOME DEPOT #6972 City 4.18
THE HOME DEPOT #6972 City 4.18
THE HOME DEPOT #6972 City 44.27
THE HOME DEPOT #6972 City 153.17
THE HOME DEPOT #6972 City 32.52
THE HOME DEPOT #6972 City 13.02
3412 WAL-MART #1879 City 59.00
WAL-MART #1879 City 19.88
WAL-MART #1879 City 134.50
THE HOME DEPOT #6972 City 155.71
2707 TRACTOR SUPPLY #2189 City 38.05
BARSTOW INDUSTRIAL SUPPLY Fire 23.68
CONVERSIONS FIRESTONE City 236.01
3402 WAL-MART #1879 City 251.00
WAL-MART #1879 City 38.25
6244 THE HOME DEPOT #6972 City 213.68
0904 THE HOME DEPOT #6972 Fire 54.35
THE HOME DEPOT #6972 Fire 6.57
THE HOME DEPOT #6972 Fire 34.68
THE HOME DEPOT #6972 Fire 74.95
THE HOME DEPOT #6972 Fire 18.42
5157 AMZN MKTP US City 89.98
AMZN MKTP US City 89.98
8237 NAPA AUTO PARTS OF BARSTOW Fire 18.14
THE HOME DEPOT #6972 Fire 95.53
THE HOME DEPOT #6972 Fire 61.31
8731 AMZN MKTP US City 20.98
AMZN MKTP US City 113.32
7026 CARBONLESS ON DEMAND LLC City 120.71
2863 AMZN MKTP US City 23.91
O'REILLY #2794 City 54.36
1790 AMZN MKTP US City 13.16

Page 9 of 20 ends

2.b
Packet Pg. 21
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024
94480 02/16/2024 001683 WAXIE SANITARY SUPPLY 82280990 CLEANING SUPPLIES -FIRE Fire 186.70 186.70 94481 02/16/2024 002205 WHATLEY PC, COLANTUONO HIGHSMITH & DEC 2023 GENERAL SERVICES City 10,125.00 19,135.50 LABOR & EMPLOYMENT City 2,398.00
ADDITIONAL GENERAL SERVICES City 1,315.00
TAX AND OTHER FINANCIAL ADVICE City 1,083.00
GENERAL LITIGATION City 4,214.50
94482 02/16/2024 012587 YUNEX LLC 5610000 AUG 2023 TRAFFIC SIGNAL CALL OUTS City 7,062.31 25,634.34 5610000240 REMOVAL & INSTALLATION OF POLE MAIN/2ND AVE City 3,960.37 5610000825 NOV 2023 TRAFFIC SIGNAL CALL OUTS City 3,841.50 5610000477 SUPPLY & INSTALL ITERIS MONITOR MAIN/MT VIEW City 2,210.08 5610000536 SPET 2023 TRAFFIC SIGNAL CALL OUTS City 1,588.32 5610000619 OCT 2023 TRAFFIC SIGNAL CALL OUTS City 1,379.76 90001374 DEC 2023 TRAFFIC SIGNAL MAINTENANCE City 1,065.00 90000882 NOV 2023 TRAFFIC SIGNAL MAINTENANCE City 1,065.00 90000717 AUG 2023 TRAFFIC SIGNAL MAINTENANCE City 1,065.00 90001122 NOV 2023 TRAFFIC SIGNAL MAINTENANCE City 810.00 90000766 SEPT 2023 TRAFFIC SIGNAL MAINTENANCE City 810.00 5610001203 DEC 2023 TRAFFIC SIGNAL CALL OUTS City 777.00 94483 02/16/2024 001714 ZIEMER PLUMBING INC 23229 REPAIRED LEAK -FS366 Fire 103.44 103.44 94484 02/16/2024 003671 ADVANCED POOLS & SPAS INC 37095 CHLORINE BRIQUETTES -HENDERSON POOL City 1,084.05 1,084.05 94485 02/16/2024 003229 AFLAC 634255 JAN 2024 COVERAGE City 793.02 793.02 94486 02/16/2024 013223 AKC PERMIT INC 021424 REFUND DUPLICATE PERMIT FEES City 40.00 40.00 94487 02/16/2024 000903 ATKINSON ANDELSON LOYA 691402 AUG 2023 LEGAL SERVICES Fire 984.38 984.38 94488 02/16/2024 012688 AUTHORITY (ERMA), EMPLOYMENT RISK MGMT 2206031 NOV 2023 LEGAL SERVICES City 5,939.87 9,117.54 2201317 SEPT 2023 LEGAL SERVICES City 2,755.17
2203480 OCT 2023 LEGAL SERVICES City 422.50

Page 10 of 20 ends

2.b
Packet Pg. 22
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024
94489 02/16/2024 012234 AVCOM SERVICES INC 32182 YEARLY ALARM MONITORING -WWTP City 900.00 900.00 94490 02/16/2024 003656 BABCOCK LABORATORIES INC CB40662-0032 DEC 2023 MCLB LAB SERVICES City 4,557.00 5,245.03 CB40663-0032 DEC 2023 MCLB LAB SERVICES City 688.03
94491 02/16/2024 013164 BAKER & HOSTETLER LLP 51218217 OCT 2023 DIGITAL FORENSIC REPORT -I.T City 4,810.59 6,342.09 51239888 DEC 2023 DIGITAL FORENSIC REPORT -I.T City 1,531.50 94492 02/16/2024 013156 BAY CITY INDUSTRIAL SUPPLY 271802 HEADWORKS CONVEYOR GEARBOX City 2,630.40 2,630.40 94493 02/16/2024 012006 BILES, CHRISTOPHER 021424 FY24 EDUCATION REIMBURSEMENT City 426.00 426.00 94494 02/16/2024 002343 BLUERIDGE SOFTWARE INC 11079 03/08/24 - 03/07/25 MAINTENANCE City 629.82 629.82 94495 02/16/2024 013163 BOOZ ALLEN HAMILTON INC INV_0000330642 DEC 2023 DIGITAL FORENSIC REPORT -I.T. City 448.00 448.00 94496 02/16/2024 003283 CA ASSOC OF CODE ENFORCEMENT 200028093 CODE ENFORCEMENT TRAINING -GREGG City 100.00 100.00 94497 02/16/2024 004109 CALPERS LONG TERM CARE PROGRAM 15210449 MARCH 2024 LONG-TERM CARE PROGRAM City 1,238.25 1,238.25 94498 02/16/2024 012871 CAL-STATE AUTO PARTS INC 250801 BRAKE PADS & ROTORS -UNIT 9114 City 435.02 1,502.09 250505 FILTERS, BRAKE PADS, & BULBS City 426.05
251287 MOTOR MOUNTS City 215.06
251438 FILTERS & COOLANT City 122.59
250924 BATTERY -UNIT 9091 City 120.30
250925 BATTERY -UNIT 9034 City 120.30
251522 OIL FILTERS City 91.48
251106 OIL & OIL FILTERS City 89.59
31720 CREDIT MEMO FOR BATTERY WARRANTY -UNIT 9091 City (118.30) 94499 02/16/2024 013227 CARMON, KATHRYN 021524 02/05/24 - 02/07/24 CPCA TRAINING City 391.79 391.79 94500 02/16/2024 012615 CENTRALSQUARE TECHNOLOGIES 401927 JAN 2024 PUBLIC ADMIN & MANAGEMENT SERVICES City 765.00 765.00

Page 11 of 20 ends

2.b
Packet Pg. 23
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024
94501 02/16/2024 012860 CHARTER COMMUNICATIONS 8448410960562720 PEG CHANNEL 6 CITY SIDE City 516.92 3,245.39 8448410960560070 CORP YARD CIRCUIT -CITY HALL SIDE City 472.32 8448410960545873 CORP YARD TO CITY HALL FIBER CONNECTION City 472.32 8448410960563033 PEG CHANNEL 6 -SPECTRUM SIDE City 454.06 8448410960545865 CITY HALL TO FIRE 3 CIRCUIT City 376.62 8448410960545915 FIRE 3 TO CITY HALL CIRCUIT City 376.62 8448410960255887 CITY HALL CABLE SERVICES City 256.55
8448410960399453 HARVEY HOUSE - INTERNET City 219.99
8448410960348880 FIRE DIST #363 - INTERNET ACCESS Fire 99.99 94502 02/16/2024 003270 CORELOGIC INFORMATION SOL INC 30705195 JAN 2024 I.T SERVICES City 431.21 2,156.05 JAN 2024 I.T SERVICES City 431.21
JAN 2024 I.T SERVICES City 431.21
JAN 2024 I.T SERVICES City 431.21
JAN 2024 I.T SERVICES City 431.21
94503 02/16/2024 013215 CRUZ, MARISSA 021424 REFUND FOR BASKETBALL City 120.00 120.00 94504 02/16/2024 000455 DELL MARKETING LP 10729899100 OPTIPLEX SMALL FORM FACTOR City 5,385.53 10,357.13 OPTIPLEX SMALL FORM FACTOR City 4,308.42
OPTIPLEX SMALL FORM FACTOR City 663.18
94505 02/16/2024 002543 DESERT SANCTUARY INC NOV2023 NOV 2023 DOMESTIC VIOLENCE SHELTER SERVICES City 1,091.86 1,091.86 94506 02/16/2024 000500 DESERT VALLEY MEDICAL GROUP 13520 PRE-EMPLOYMENT PHYSICAL City 86.00 86.00 94507 02/16/2024 013225 DKT PROPERTIES 021424 REFUND OF BUILDING VALUATION FEE City 57.05 57.05 94508 02/16/2024 013205 ESTATE OF TYRONE DELOSS 45836 SKIP LOADER RENTAL City 423.89 423.89 94509 02/16/2024 011819 FIDELITY SECURITY LIFE 166149688 FEB 2024 COVERAGE City 1,543.74 1,543.74 94510 02/16/2024 011819 FIDELITY SECURITY LIFE 166149886 FEB 2024 COBRA VISION City 37.76 37.76 94511 02/16/2024 011764 FRONTIER COMMUNICATIONS OF CA 209-190-0052-041597 FIRE DISTRICT- 861 BARSTOW RD Fire 2,588.83 6,055.45

Page 12 of 20 ends

2.b
Packet Pg. 24
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024
256-3531 CENTRAL SERVICES - CITY MAIN LINE City 1,059.03 256-2211 POLICE DEPT City 583.03
256-7571 DISASTER PREP City 334.20
256-5621 COMMUNITY CENTER FAX LINE City 170.40
256-1750 COMPUTER ROOM FAX City 164.55
256-1253 PERSONNEL FAX LINE City 159.03
252-2538 WWTP- 2200 RIVERSIDE DR City 153.13
252-9273 SPORTSPARK City 141.77
256-4472 CITY MANAGER'S FAX City 114.22
209-148-0922-061587 CORPORATION YARD City 92.85
256-2069 HARVEY HOUSE - DEDICATED LINE City 77.51
252-8789 SPORTSPARK - SNACK BAR City 73.65
256-7340 HENDERSON POOL City 73.20
256-0369 PARK MAINTENANCE FAX LINE City 65.31
256-3213 PUBLIC WORKS FAX LINE City 65.31
256-8749 FLEET City 51.14
256-8253 HAZARDOUS WASTE BIN City 47.09
255-9063 ECONOMIC DEVELOPMENT FAX LINE City 41.20
94512 02/16/2024 000190 GREIG, CATHERINE 021524 01/22/24 - 01/24/24 INTERNAL AFFAIRS City 266.66 266.66 94513 02/16/2024 011421 HERITAGE VICTOR VALLEY MED GR 3301 PRE-EMPLOYMENT PHYSICAL -FIRE Fire 1,480.00 1,480.00 94514 02/16/2024 010733 HIGH DESERT UNDERGROUND INC J2023-50-02 FT IRWIN LANDFILL City 748,834.60 908,612.60 J2023-50-01 FT IRWIN LANDFILL City 159,778.00
94515 02/16/2024 012884 HOLLISTER, ANDREW 021524 01/11/24 - 01/12/24 DE-ESCALATION TRAINING City 233.32 233.32 94516 02/16/2024 012704 INSURANCE COMPANY, COLONIAL LIFE & ACCIDENT 57110640112588 JAN 2024 COVERAGE City 687.78 687.78 94517 02/16/2024 013224 LA SOLAR GROUP 021424 REFUND PERMIT FEES -PAID WRONG ACCOUNT City 334.41 334.41

Page 13 of 20 ends

2.b
Packet Pg. 25
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024
94518 02/16/2024 012486 LANAIR GROUP LLC 73380 FEB 2024 IT SERVICES City 4,900.00 8,604.00 73379 FEB 2024 CLOUD RETENTION City 3,704.00
94519 02/16/2024 000937 LEAGUE OF CALIFORNIA CITIES 2082 2024 DESERT MOUNTAIN DIVISON DUES City 600.00 600.00 94520 02/16/2024 011583 LEWIS, THOMAS 021524 01/22/24 - 02/02/24 POST SUPERVISORY TRAINING City 333.30 333.30 94521 02/16/2024 000954 LEXIS-NEXIS 1439264-20240131 JAN 2024 DETECTIVE RESEARCH City 513.26 513.26 94522 02/16/2024 011500 LSL CPA 61410 STATE CONTROLLER REPORT -CITY City 1,872.00 6,600.00 STATE CONTROLLER REPORT -CITY Fire 624.00
STATE CONTROLLER REPORT -CITY City 832.00
STATE CONTROLLER REPORT -CITY City 832.00
STATE CONTROLLER REPORT -ODESSA Fire 1,220.00
STATE CONTROLLER REPORT -FIRE City 1,220.00
94523 02/16/2024 013219 LUCERO, DANIELLE 021424 REFUND FOR BASKETBALL City 120.00 120.00 94524 02/16/2024 013220 MENIE JR, THOMAS 021424 REFUND FOR BASKETBALL City 60.00 60.00 94525 02/16/2024 001073 MOJAVE DESERT AIR QUALITY MD20040 PERMIT TO OPERATE -WWTP City 7,233.16 7,233.16 94526 02/16/2024 012949 MUTUAL OF OMAHA 001637598424 FEB 2024 COVERAGE City 8,854.44 8,854.44 94527 02/16/2024 011477 NATIONAL BUSINESS FURNITURE MK302621-TDQ COUNCIL OFFICE DESK City 877.22 877.22 94528 02/16/2024 004047 NATIONAL LEAGUE OF CITIES 187268 2024 MEMBERSHIP City 2,126.00 2,126.00 94529 02/16/2024 001234 PITNEY BOWES INC 021424 POSTAGE MACHINE SERVICE City 236.34 236.34 94530 02/16/2024 004305 PLUMBERS DEPOT INC PD-55398 GRIT CLEANING NOZZLE -WWTP City 2,731.16 2,731.16 94531 02/16/2024 012540 POLICE CHIEFS & SHERIFF ASSOC, SAN BERNARDINO COUNTY 021424 POLICE CHIEF & SHERIFF ASSOCIATION DUES City 500.00 500.00 94532 02/16/2024 010801 POLYDYNE INC 1809056 POLYMER FOR DEWATERING City 4,918.71 4,918.71 94533 02/16/2024 011983 QUINN COMPANY PCA10044010 BRISTLES & SPACERS -UNIT 7581 City 2,572.35 3,423.11 PCA10043624 FILTERS -WWTP WHEEL LOADER City 619.40

Page 14 of 20 ends

2.b
Packet Pg. 26
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024
PCA10043718 SAFETY DECALS & LOAD CHART City 231.36
94534 02/16/2024 012653 RANGEL, ELIZABETH 011224 01/30/24 REFUND CORA HARPER DEPOSIT City 495.00 495.00 94535 02/16/2024 012950 RELIANCE STANDARD LIFE INS FEB24 FEB 2024 COVERAGE City 3,620.97 3,620.97 94536 02/16/2024 010926 RICOH USA INC 107999145 02/22/24 - 03/21/24 PRINTER LEASE -FIRE Fire 178.17 185.89 1099506312 PRINTER LEASE PENALTY FEE -FIRE Fire 7.72
94537 02/16/2024 013228 RODRIGUEZ, JASON 021524 11/04/23 - 11/05/23 DUI DETECTION TRAINING City 200.00 200.00 94538 02/16/2024 013135 ROUTE 66 ANIMAL RESCUE COB0224-01 COB ANIMAL CARE SERVICES City 18,733.50 18,733.50 94539 02/16/2024 003367 SAN BERNARDINO, COUNTY OF IN0429874 MEDICAL WASTE HAULER PERMIT Fire 155.00 155.00 94540 02/16/2024 013218 SANCHEZ, DIANE 021424 REFUND FOR BASKETBALL City 120.00 120.00 94541 02/16/2024 004125 SBCERA 12074 01/21/24 - 02/03/24 RETIREMENT -FIRE Fire 75,304.29 75,304.29 94542 02/16/2024 001447 SILVER VALLEY PROPANE INC 68671 MCLB PROPANE SERVICES City 681.35 5,475.58 6904 MCLB PROPANE SERVICES City 532.88
68658 MCLB PROPANE SERVICES City 490.00
69091 MCLB PROPANE SERVICES City 490.00
69092 MCLB PROPANE SERVICES City 461.34
69120 MCLB PROPANE SERVICES City 367.26
68696 MCLB PROPANE SERVICES City 330.51
68680 MCLB PROPANE SERVICES City 328.55
68662 MCLB PROPANE SERVICES City 273.18
68684 MCLB PROPANE SERVICES City 170.52
69087 MCLB PROPANE SERVICES City 167.09
69109 MCLB PROPANE SERVICES City 160.97
69089 MCLB PROPANE SERVICES City 140.14

Page 15 of 20 ends

2.b
Packet Pg. 27
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024
68665 MCLB PROPANE SERVICES City 117.11
68691 MCLB PROPANE SERVICES City 115.89
68695 MCLB PROPANE SERVICES City 91.14
69113 MCLB PROPANE SERVICES City 91.14
69093 MCLB PROPANE SERVICES City 84.04
69103 MCLB PROPANE SERVICES City 73.75
69108 MCLB PROPANE SERVICES City 64.93
68667 MCLB PROPANE SERVICES City 57.82
68679 MCLB PROPANE SERVICES City 48.27
69090 MCLB PROPANE SERVICES City 47.78
69116 MCLB PROPANE SERVICES City 45.82
69112 MCLB PROPANE SERVICES City 44.10
94543 02/16/2024 001476 SOUTHERN CALIFORNIA EDISON CO 700238662985 WWTP- 2200 RIVERSIDE DR City 18,882.67 67,716.48 LOAN ID 6814 City 319.78
LOAN ID 9681 City 1,240.92
700115828855 CONDOR/FALCOM STREET LIGHTS City 17,087.95 700148111364 8003543569 -CITY HALL City 5,596.94
8003544795 -900 S AVE H / CORP YARD City 1,089.21
8003555384 -72 BARTOW & RIMROCK City 52.64
8000832361 -72 MAIN & ROBERTA City 53.32
8000832580 -72 CAL & MAIN SIGNALS City 110.77
8000832821 -W MAIN & I15 SIGNALS City 59.45
8004570139 -2802 LENWOOD RD SIGNAL City 126.57
8000293590 -750 E RIMROCK SIGNALS City 26.28
8000753289 -920 E RIMROCK SIGNALS City 26.28
8002032248 -1201 MURIEL, LS3 City 23.00
8003080592 -2800 MAYOR KATY PKWY City 3,175.87
8001123488 -2218 MURIEL AVE City 15.33
LOAN ID 8326 City 449.30
700398983474 861 BARSTOW RD Fire 3,102.62
2600 W MAIN ST Fire 616.53
29780 US HIGHWAY -STORAGE UNIT Fire 29.00
333221 I ST -CELL TOWER Fire 1,665.67
LOAN ID 8322 Fire 236.46
700135793576 8001598767 -DANA PARK BUILDING City 393.42 8001626902 -LILLIAN PARK BALLFIELD City 49.52
8001627091 -LILLIAN LANDSCAPE/IRRIGATION City 16.98
8001636309 -72 FLORA-G City 1,868.33
8001638603 -JASPER PARK BUILDING City 134.28

Page 16 of 20 ends

2.b
Packet Pg. 28
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024
8001639065 -JASPER PARK City 15.44
8001639794 -500 H ST SOCCER FIELDS City 17.84
8001650319 -K STREET PARK City 16.54
8001651058 -H STREET PARK City 15.44
8002055287 -VETERANS PKWY SPKLR City 16.54
PENALTY FEE City 2.66
PENALTY FEE City 2.66
PENALTY FEE City 2.66
PENALTY FEE City 1.32
PENALTY FEE City 1.32
PENALTY FEE City 1.32
PENALTY FEE City 1.33
8000251338 HARVEY HOUSE - 685 N 1ST AVE #HM City 1,949.50 700496482521 COMMUNITY CENTER - 841 BARSTOW RD City 1,740.89 700048428609 HOLIDAY LIGHTING POWER TAPS City 1,454.46
700048428609 HOLIDAY LIGHTING POWER TAPS City 1,245.28
8004336313 HARVEY HOUSE - 685 N 1ST ST City 656.05
8004520184 HARVEY HOUSE - 685 N 1ST AVE #PL City 583.86 700465976122 POLICE DEPT- MELISSA ST ANNEX City 447.49
700611940409 3603 W MAIN ST #B City 426.71
8002564791 HARVEY HOUSE - 685 1ST AVE #I City 242.27
700238839811 RIVERSIDE @ YUCCA LIGHTS City 240.17
8002575020 HARVEY HOUSE #J -ROUTE 66 MUSEUM City 215.43 700497948736 K STREET PARK City 207.18
700158829056 24899 MAIN ST- SIGNAL City 79.41
2846 LENWOOD RD - LIGHT GS-1 City 89.99
700010111484 1002 E ARMORY RD City 90.44
1082 L STREET City 71.77
8000833030 CORPORATION YARD City 158.19
700497722202 FOGLESONG PARK City 133.22
700030573030 ELECTRIC POND 3 2200 RIVERSIDE DR City 109.45 8002564298 HARVEY HOUSE - 685 FIRST ST #H City 105.39
700612086111 3603 W MAIN ST - SIGNAL City 97.04
700073416819 VARIOUS STREET LAMPS- LENWOOD RD City 90.44 8003084860 HARVEY HOUSE - 685 N 1ST AVE, #PN City 86.08

Page 17 of 20 ends

2.b
Packet Pg. 29
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024
700496467464 DANA PARK -UPPER LIGHTS City 80.85
8003543204 TRAFFIC SIGNALS - MAIN & 2ND City 78.29
700334574868 STREET LAMP- 1082 L STREET TC-1 City 69.26 700178236029 555 SOUTH 7TH STREET City 59.94
700497829003 STURNACLE PARK City 58.90
700496432001 DANA PARK - PARKING LOT LAMPS City 55.41
8002783603 HARVEY HOUSE - 685 N 1ST AVE, #MA City 47.67 700310255049 553 W. MAIN ST/B HILL LIGHTS City 43.52
700497876792 JASPER PARK City 39.34
700496300039 DANA PARK - STREET LAMPS City 34.59
700497624592 LILLIAN PARK City 30.65
700497772419 STURNACLE PARK City 29.44
700497920343 SOCCER FIELDS -500 H ST City 16.20
700448629993 LANDSCAPE -72 TRINITY City 3.41
LANDSCAPE -2001 NELSON AVE City 3.41
700048428609 HOLIDAY LIGHTING POWER TAPS City 0.73
94544 02/16/2024 001486 SPARKLETTS 9218240020124 JAN 2024 WATER -CITY STAFF City 723.18 723.18 94545 02/16/2024 013226 STARBUCKS COFFEE CO 021424 REFUND DUPLICATE BUSINESS LICENSE FEE City 345.00 345.00 94546 02/16/2024 012948 SUN LIFE ASSURANCE COMPANY FEB24 FEB 2024 COVERAGE City 7,612.03 7,612.03 94547 02/16/2024 012666 THE ECOHERO SHOW LLC 2468 SB1383 ECOHERO SHOWS City 3,600.00 3,600.00 94548 02/16/2024 013221 THOMPSON, DEON 021424 REFUND FOR BASKETBALL City 180.00 180.00 94549 02/16/2024 012946 TIRE & SVC CENTERS, GOODYEAR COMM 230-1046431 TIRES (4) -STREET WATER TRUCK City 2,178.76 4,174.11 2301046469 TIRES (6) -PD City 809.52
230-1046483 TIRE (4) -UNIT 9087 City 543.55
230-1046500 TIRES (4) -UNIT 8449 City 511.84

Page 18 of 20 ends

2.b
Packet Pg. 30
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024
230-1046470 TIRE REPLACEMENT -UNIT 9111 City 130.44
94550 02/16/2024 010900 TOMPKINS, KODY 021524 02/06/24 - 02/09/24 CAL CITIES City 1,543.67 1,543.67 94551 02/16/2024 013212 TRI-TECH FORENSICS INC 021424 REGISTRATION INCIDENT RECONSTRUCTION COURSE City 729.00 729.00 94552 02/16/2024 012175 UNIFIRST CORPORATION 2200093022 UNIFORM SERVICES -WWTP City 99.20 446.37 2200097952 UNIFORM SERVICES -WWTP City 97.13
2200095272 UNIFORM SERVICES -WWTP City 91.00
2200097947 UNIFORM SERVICES -FLEET City 54.49
2200093017 UNIFORM SERVICES -FLEET City 52.28
2200095267 UNIFORM SERVICES -FLEET City 52.27
94553 02/16/2024 012889 VERDANT COMMERCIAL CAPITAL LLC 904858181 ANTIVIRUS SOLUTION SERVICES City 745.24 745.24 94554 02/16/2024 000635 VERIZON 9955645185 JAN 2024 -COUNCIL City 238.74 6,095.21 JAN 2024 -CITY MANAGER City 135.73
JAN 2024 -BUILDING City 374.79
JAN 2024 -CODE COMPLIANCE City 281.71
JAN 2024 -IT City 366.91
JAN 2024 -PERSONNEL City 41.91
JAN 2024 -PARK & REC City 201.48
JAN 2024 -CORP YARD City 125.73
JAN 2024 -OPEN SPACES City 41.91
JAN 2024 -BUILDING MAINTENANCE City 41.91
JAN 2024 -FLEET City 41.91
JAN 2024 -SOILD WASTE City 46.91
JAN 2024 -WASTE WATER City 417.33
JAN 2024 -PD City 2,984.65
JAN 2024 -FIRE Fire 203.85
9955567963 FIRE DISTRICT 01/02/24 - 02/01/24 Fire 549.74 94555 02/16/2024 001655 VICTOR VALLEY TRANSIT AUTH 021424 DEC 2023 FT IRWIN/MEGA BUS PASSES City 540.00 540.00 94556 02/16/2024 013216 VILLAREAL, ELAINE 1031451.002 REFUND HARVEY HOUSE DEPOSIT City 750.00 750.00 94557 02/16/2024 001662 VULCAN MATERIALS COMPANY 73911610 COLD MIX FOR POTHOLES City 307.09 307.09 94558 02/16/2024 004137 WESTERN EXTERMINATOR CO 56359980 JAN 2024 SQUIRREL CTL -FOGLESONG PARK City 101.95 272.49 56359952 JAN 2024 SQUIRREL CTL -PITCHER PARK City 88.50

Page 19 of 20 ends

2.b
Packet Pg. 31
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - FEBRUARY 16, 2024
56357820 JAN 2024 PEST CTL -FS366 Fire 82.04
94559 02/16/2024 013213 WILHELM, ADRIANA 021424 REFUND FOR BASKETBALL City 60.00 60.00 94560 02/16/2024 013214 WILLIAMS, LEE 021424 REFUND FOR BASKETBALL City 300.00 300.00 94561 02/16/2024 013217 YUEN, THERESA 021424 REFUND FOR BASKETBALL City 60.00 60.00 AGENCY TOTAL 4,491,235.44 4,491,235.44
City 4,382,192.64
Fire 109,042.80
Successor Agency -
4,491,235.44

Page 20 of 20 ends

2.b
Packet Pg. 32
Attachment: AP RUN 021624 (5585 : Ratification of Accounts Payable Expenditures) Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Public Hearing
Doc ID: 5590

COUNCIL AGENDA ITEM
AGENDA MATTER:

PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX REIMBURSEMENT SUBSIDY AGREEMENT AND CITY’S OUTSIDE COUNSEL EVALUATION OF AGREEMENT’S FORMATION
EXECUTIVE SUMMARY:

In May 2021, the City of Barstow entered into an agreement with Barstow Hospitality, LLC to provide a limited transient occupancy tax reimbursement subsidy, reimbursed by the City out of the tax revenues that the new dual-branded Marriott hotel would generate once opened. The Reimbursement Agreement allows a maximum, not guaranteed subsidy of up to $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 open in October 2023 and created approximately 600 construction jobs and 50 permanent jobs.

Significant public questions arose regarding the process by which the City entered into the Marriott hotel transient occupancy reimbursement subsidy agreement, including whether the agreement was validly approved and whether representatives of Barstow Hospitality, LLC and its developer/parent entity Hotel Investment Group (collectively, HIG) misrepresented that a City subsidy was necessary for the project.

The City directed outside counsel, Heather Minner with the law firm Shute, Mihaly and Weinberger, to analyze these questions. In summary, outside counsel found that the Reimbursement Agreement was validly approved and that HIG representatives did not make misrepresentations that would constitute a default under the Agreement. While HIG’s loan documents were executed (signed) before the City’s approval of the Reimbursement Agreement, the evidence demonstrates that the loan was conditioned on the City’s approval of the subsidy. Further, the loan was for construction costs; it was not structured to fund purchase of the property (which occurred in November, 2019) or payment of building permit fees.

Instead, the project appears to have used other funds for those costs. Ms. Minner prepared a memo, attached to this staff report, explaining these conclusions.

DISCUSSION:

Starting in 2019, and concluding in 2021, the City engaged in negotiations with HIG to bring a cobranded, dual Marriott 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 3 Packet Pg. 33
Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Public Hearing
Doc ID: 5590

COUNCIL AGENDA ITEM
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 Transient Occupancy Tax Reimbursement 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 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.

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, completed before on May 27, 2021 and additionally completed via this public hearing, 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 hotel opened 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 3 Packet Pg. 34
Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Public Hearing
Doc ID: 5590

COUNCIL AGENDA ITEM
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 understands, per estimates from the developer, that the hotel project generated approximately 600 temporary construction jobs and 50 permanent hotel jobs, of which approximately half would be part-time.

As additional information, the signed Agreement, the May 27, 2021 Council agenda packet materials regarding its approval, and Ms. Minner’s February 29, 2024 public memo are attached.

FISCAL IMPACT:

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 created approximately 600 construction jobs and 50 permanent jobs.

RECOMMENDED ACTION:
3 Packet Pg. 35
Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Public Hearing
Doc ID: 5590

COUNCIL AGENDA ITEM
Staff recommends the City Council review this information and hold this additional public hearing, per Government Code section 53083, to receive public comment and confirm that the developer remains in compliance with the agreement, allowing staff to implement the agreement and make the first subsidy payment, unless directed otherwise by the City Council. 3 Packet Pg. 36
396 HAYES STREET, SAN FRANCISCO, CA 94102
T: (415) 552-7272 F: (415) 552-5816
www.smwlaw.com
HEATHER M. MINNER
Attorney
[email protected]

M E M O R A N D U M
TO: The City Council of the City of Barstow
CC: Andrew Espinoza Jr., Acting City Manager
Matthew Summers, City Attorney
FROM: Heather M. Minner
DATE: February 29, 2024
RE: Reimbursement Agreement with Barstow Hospitality, LLC (Marriott Hotel)
On May 27, 2021, the City of Barstow approved a Reimbursement Agreement with Barstow Hospitality, LLC. The Agreement provides that if a proposed Marriott hotel project is constructed and continues operation, the City will reimburse up to $2.4 million of Transient Occupancy Taxes paid by the hotel operator to the City over a five year period. The hotels opened in October, 2023, and on March 4, 2024 the City will hold a hearing to consider whether the terms of the Agreement have been complied with prior to granting the first reimbursement payment to the hotel operator.

There have been concerns expressed by some members of the community and City Council that the Reimbursement Agreement was not validly approved and/or that representatives of Barstow Hospitality, LLC and Hotel Investment Group (collectively HIG) misrepresented that a City subsidy was necessary to secure financing for the project. I have been asked to analyze these issues and this memorandum reports my conclusions to the City. To inform my analysis, I reviewed the Reimbursement Agreement, relevant City Council meeting materials and video, City email correspondence with HIG representatives, a recorded deed of trust securing a construction loan for the project, newspaper articles, and applicable law. I also conducted an inspection of the primary loan document referenced in the recorded deed of trust.

In summary, I have found that the Reimbursement Agreement was validly approved and that HIG representatives did not make misrepresentations that would constitute a default under the Agreement. A brief analysis is included below.

3.a
Packet Pg. 37
Attachment: Memo re Reimbursement Agreement (Feb. 29 2024) (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT Memo to the City Council of the City of Barstow
February 29, 2024

Page 2 ends

I. Mayor Calling a Special Meeting for Council to Reconsider the Agreement On May 17, 2021, the City Council rejected a proposed Reimbursement Agreement for the hotel project by a four to one vote. I was asked whether it was lawful for the Mayor to schedule a special meeting to reconsider the Agreement on May 27, 2021. As I understand, some have argued that once the Council voted against the proposed Agreement, the Agreement could only have been brought back under Rosenberg’s Rules by a motion to reconsider made by a Council Member who had voted in the majority; yet the special meeting was called by the Mayor, who was alone in voting in favor of the Agreement.

I have concluded that it was not unlawful for the Mayor to call a special meeting to reconsider the Agreement. This is because he relied on superior state law authority to do so. Under California Government Code section 54956(a), the Mayor has the authority to call a special meeting and specify the business to be discussed at the meeting.

State law aside, and even if calling a special meeting could be considered a motion to reconsider, on May 27, 2021 the Council considered and ultimately approved an alternate Agreement, that was not the same as the one it originally rejected. The agenda item discussed on May 27, 2021 included two issues: “Reconsideration of the Agreement Between the City and Hotel Investment Group and Consideration of an Alternative Agreement Between the City and Hotel Investment Group.”1 The alternative Agreement
was a materially different agreement than the reimbursement agreement previously rejected by the Council: staff estimated that the City would receive an additional $1,000,000 under its terms compared to the originally proposed agreement. The Council ultimately approved this alternative Agreement.

Accordingly, even if it was procedurally improper for the Mayor to call a special meeting to reconsider the original Reimbursement Agreement, which I do not believe it was, it would not have been improper under Rosenberg’s Rules for the Mayor to propose considering the alternate Reimbursement Agreement, which the City ultimately approved.2

1 City of Barstow, Agenda Item 4653 (May 27, 2021) (emphasis added). 2 See Rosenberg’s Rules, p. 6 (discussing motion to consider the “original matter” and the “original motion”).

3.a
Packet Pg. 38
Attachment: Memo re Reimbursement Agreement (Feb. 29 2024) (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT Memo to the City Council of the City of Barstow
February 29, 2024

Page 3 ends

II. Government Code Section 53083(b) Requiring a Public Hearing Before Granting a Subsidy
I was asked whether in approving the Agreement the City complied with Government Code section 53083 (adopted by AB 562), which requires a public hearing before “granting” an economic development subsidy. As I understand, some have argued that the City failed to comply with the information and hearing requirements of this law.

The Legislature enacted AB 562 to enshrine the “right of the public to be informed of economic development subsidies approved by their local agencies.”3 As summarized
by the Legislative Counsel, the bill requires local agencies “to provide specified information to the public before approving an economic development subsidy, as defined, within its jurisdiction, and to review, hold hearings, and report on those subsidies at specified intervals.”4

The City complied with the information provisions of this statute by providing the required information in the May 27, 2021 City Council Agenda Packet materials for the Reimbursement Agreement item (primarily in the staff report and attached Agreement).

This information was posted on the City’s web page before the meeting.5 As for the statute’s hearing requirement, this requirement most likely applies after approval of the subsidy, prior to the agency making a payment. Even if the hearing requirement applies to the original approval, however, the City did provide “public notice and a hearing regarding” the Reimbursement Agreement as required by the statute. The agenda for the May 27, 2021 meeting gave the public notice that the City Council would consider the Agreement “utilizing the alternative incentive option proposed by the developer,” and that notice was published at least 72 hours in advance of the meeting, in compliance with the Brown Act. This item was listed as a “business/action item,” and members of the public could attend the meeting and be heard by giving comment on this item in-person, virtually, or in writing.

Accordingly, the City complied with the informational and potential hearing requirements of Government Code section 53083 when it approved the Reimbursement Agreement.
3 2013 Cal. Legis. Serv. Ch. 740 (A.B. 562), Section 2, available at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB562. 4 Id., Legislative Counsel’s Digest. 5 May 27, 2021 City Council Meeting Agenda Packet, available at:
https://barstowcityca.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=2278&Inline=True

3.a
Packet Pg. 39
Attachment: Memo re Reimbursement Agreement (Feb. 29 2024) (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT Memo to the City Council of the City of Barstow
February 29, 2024

Page 4 ends

III. Potential False or Misleading Statements by HIG Representatives During negotiations with City staff, HIG representatives sent several emails suggesting that a City subsidy/TOT reimbursement was necessary to secure financing for the hotel project. An HIG representative made similar statements at the May 17, 2021 and May 27, 2021 City Council meetings. Shortly after the City’s approval of the Reimbursement Agreement, however, it was discovered that on May 7, 2021, prior to these City Council meetings, a Deed of Trust securing a $24,644,000 loan between Barstow Hospitality and Greenlake Real Estate Finance was recorded against the hotel property.

As I understand, some have argued that HIG’s statements that a City subsidy was necessary to secure financing were therefore misrepresentations, given that HIG had signed loan documents prior to the City’s approval of the Reimbursement Agreement, and that this would constitute a default under the Agreement.6 I have concluded that the
statements by HIG were not false or misleading because the loan was contingent on HIG receiving a subsidy from the City.

The loan includes a covenant regarding “City Incentive” providing that “The City of Barstow wishes to provide the Borrower an incentive due to the Property and project generating additional value to the City of Barstow from, among other things, increased visitation (the “City Incentive”). As of the Loan Date, Borrower is in the process negotiating with the City of Barstow to determine the Details related to the City Incentive. On or before June 30, 2021, Borrower shall Provide a status update and information related to the City Incentive satisfactory to Lender.” The loan further provides that “[a]ny representation or warranty under this Note or any other Loan Document was inaccurate or misleading when made or becomes inaccurate,” “shall be deemed to be an event of default.”7
Further, under the loan, funding would not be
released in the event of default.

Accordingly, under the terms of the loan, if the City denied approval of the Reimbursement Agreement, then the representation that the City wished to provide an incentive would have become inaccurate and the Hotel Operator would be in default on 6 Section 6 (Default) of the Reimbursement Agreement lists events that “shall constitute a default by the Hotel Operator if not cured” after receiving notice by the City. The default events include “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.”
7 Loan No. 2551Mercantile CA Greenlake/Barstow Hospitality, Promissory Note.

3.a
Packet Pg. 40
Attachment: Memo re Reimbursement Agreement (Feb. 29 2024) (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT Memo to the City Council of the City of Barstow
February 29, 2024

Page 5 ends

the loan. In my opinion, because the loan was subject to default if a City subsidy was not approved, then the subsidy was necessary to secure financing for the project.

I understand that some have argued that a City subsidy and/or loan must not have been necessary to develop the project because HIG had already bought the land and paid building permit fees before the Reimbursement Agreement was approved. The GreenLake loan, however, was to fund construction costs; it was not intended or structured to provide funds for property acquisition or fees paid prior to June 30, 2021. A review of the title documents for the parcel shows that the property was purchased by Barstow Hospitality Group in November 2019, a year and a half before the loan was received. Further, the loan was for construction hard and soft costs and the amount of the loan, $24.4 million, was below what the City reported in its agenda materials as an estimated $32 million cost of construction. Accordingly, land acquisition and other project development costs must have been paid from other HIG funds.

In summary, HIG’s statements that a City subsidy was necessary to secure financing for the project were not misleading or misrepresentations such that HIG would be in default of the Agreement.

IV. Allegations of Bribery
As I understand, some have alleged that HIG offered bribes to some Council Members in exchange for their approval of the Agreement and have question whether the Agreement is valid as a result.

If a public official accepts a bribe to approve a contract, the contract would be void under Government Code 1090, which prohibits city officers from approving a contract in which they have a financial interest. There are indications that the District Attorney and/or the Federal Bureau of Investigation might have looked into, or are currently reviewing, allegations of bribery related to the Reimbursement Agreement. At this point, however, I am not aware of any evidence that a member of the City Council accepted a bribe to approve the Agreement. If such evidence comes to light in the future, Government Code 1090 could come into play.

V. Conclusion
In my opinion, the City did not commit any procedural errors in how it approved the Reimbursement Agreement and the Agreement was validly approved. Further, HIG did not make misstatements or misrepresentations that would constitute a default under the Agreement.
1752451.1

3.a
Packet Pg. 41
Attachment: Memo re Reimbursement Agreement (Feb. 29 2024) (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT

3.b
Packet Pg. 42
Attachment: Marriott Hotel Agreement (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX)

3.b
Packet Pg. 43
Attachment: Marriott Hotel Agreement (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX)

3.b
Packet Pg. 44
Attachment: Marriott Hotel Agreement (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX)

3.b
Packet Pg. 45
Attachment: Marriott Hotel Agreement (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX)

3.b
Packet Pg. 46
Attachment: Marriott Hotel Agreement (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX)

3.b
Packet Pg. 47
Attachment: Marriott Hotel Agreement (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX)

3.b
Packet Pg. 48
Attachment: Marriott Hotel Agreement (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX)

3.b
Packet Pg. 49
Attachment: Marriott Hotel Agreement (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX)

3.b
Packet Pg. 50
Attachment: Marriott Hotel Agreement (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX)

3.b
Packet Pg. 51
Attachment: Marriott Hotel Agreement (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX)

3.b
Packet Pg. 52
Attachment: Marriott Hotel Agreement (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX)

3.b
Packet Pg. 53
Attachment: Marriott Hotel Agreement (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX)

3.b
Packet Pg. 54
Attachment: Marriott Hotel Agreement (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX)

3.b
Packet Pg. 55
Attachment: Marriott Hotel Agreement (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX)

3.b
Packet Pg. 56
Attachment: Marriott Hotel Agreement (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX)

3.b
Packet Pg. 57
Attachment: Marriott Hotel Agreement (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX)

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

Page 1 of 4 ends

MAYOR
Paul Anthony Courtney

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

ELECTED CITY CLERK
Andrea Flores

ELECTED CITY TREASURER
Michael Lewis

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

Juanantonio Delucas

BARSTOW FIRE PROTECTION

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

3.c
Packet Pg. 58
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY Agenda-May 27, 2021

Page 2 of 4 ends

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

3.c
Packet Pg. 59
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY Agenda-May 27, 2021

Page 3 of 4 ends

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:

3.c
Packet Pg. 60
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 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.

3.c
Packet Pg. 61
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 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:

3.c
Packet Pg. 62
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY Packet Pg. 6
Communication: Public Comments (PUBLIC COMMENT)

3.c
Packet Pg. 63
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY Packet Pg. 7
Communication: Public Comments (PUBLIC COMMENT)

3.c
Packet Pg. 64
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY Packet Pg. 8
Communication: Public Comments (PUBLIC COMMENT)

3.c
Packet Pg. 65
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 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

3.c
Packet Pg. 66
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 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

3.c
Packet Pg. 67
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 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

3.c
Packet Pg. 68
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 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

3.c
Packet Pg. 69
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 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

2.a
Packet Pg. 13
Attachment: Marriott Hotel New Tax Revenue Analysis2.1 (4653 : Development Agreement for Marriott Hotels)

3.c
Packet Pg. 70
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 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.

2.b
Packet Pg. 14
Attachment: Marriott Hotel New Tax Revenue Analysis2.2 (4653 : Development Agreement for Marriott Hotels)

3.c
Packet Pg. 71
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY

2.c
Packet Pg. 15
Attachment: Barstow Rendered Elevation- compressed for review (4653 : Development Agreement for Marriott Hotels)

3.c
Packet Pg. 72
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX) A
B
CDC
4 1
4 4
1 1
1 1
1 16
8 6
18 RD-17
RD-4
RD-7
1ST LEVEL - FLOOR PLAN
1ST LEVEL

FLOOR PLAN
A2.1
2551 MERCANTILE WAY

BARSTOW, CALIFORNIA
C-14164
6/30/2021
PRINT DATE:
02-04-2021
02/04/2021: 5TH CITY SUBMITTAL SET
4515 S. McCLINTOCK DRIVE, #206
TEMPE, ARIZONA 85282
PHONE: (602) 283-1620
FAX: (602) 283-1621
G E N E R A L N O T E S :

F I R E N O T E S :

S Y M B O L L E G E N D :
21 #
INTERIOR DESIGN:

2.d
Packet Pg. 16
Attachment: A2#1 Shaded (4653 : Development Agreement for Marriott Hotels)

3.c
Packet Pg. 73
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX) A
B
CDC
2 2
2 2
2 13
7 1
4 6
4 13
6 1
1 2ND LEVEL - FLOOR PLAN
2ND LEVEL

FLOOR PLAN
A2.2
2551 MERCANTILE WAY

F I R E N O T E S :

S Y M B O L L E G E N D :
21 #
INTERIOR DESIGN:

2.e
Packet Pg. 17
Attachment: A2.2 Shaded Version (4653 : Development Agreement for Marriott Hotels)

3.c
Packet Pg. 74
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY TAX) 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
Packet Pg. 18
Attachment: Marriott-Barstow_TOT Reimbursement Agreement (4653 : Development Agreement for Marriott Hotels)

3.c
Packet Pg. 75
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 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

2.f
Packet Pg. 19
Attachment: Marriott-Barstow_TOT Reimbursement Agreement (4653 : Development Agreement for Marriott Hotels)

3.c
Packet Pg. 76
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 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.

2.f
Packet Pg. 20
Attachment: Marriott-Barstow_TOT Reimbursement Agreement (4653 : Development Agreement for Marriott Hotels)

3.c
Packet Pg. 77
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 4 258067.1
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

2.f
Packet Pg. 21
Attachment: Marriott-Barstow_TOT Reimbursement Agreement (4653 : Development Agreement for Marriott Hotels)

3.c
Packet Pg. 78
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 5 258067.1
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.

2.f
Packet Pg. 22
Attachment: Marriott-Barstow_TOT Reimbursement Agreement (4653 : Development Agreement for Marriott Hotels)

3.c
Packet Pg. 79
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 6 258067.1
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.

2.f
Packet Pg. 23
Attachment: Marriott-Barstow_TOT Reimbursement Agreement (4653 : Development Agreement for Marriott Hotels)

3.c
Packet Pg. 80
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 7 258067.1
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

2.f
Packet Pg. 24
Attachment: Marriott-Barstow_TOT Reimbursement Agreement (4653 : Development Agreement for Marriott Hotels)

3.c
Packet Pg. 81
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 8 258067.1
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

2.f
Packet Pg. 25
Attachment: Marriott-Barstow_TOT Reimbursement Agreement (4653 : Development Agreement for Marriott Hotels)

3.c
Packet Pg. 82
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 9 258067.1
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.

2.f
Packet Pg. 26
Attachment: Marriott-Barstow_TOT Reimbursement Agreement (4653 : Development Agreement for Marriott Hotels)

3.c
Packet Pg. 83
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 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:

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

2.f
Packet Pg. 27
Attachment: Marriott-Barstow_TOT Reimbursement Agreement (4653 : Development Agreement for Marriott Hotels)

3.c
Packet Pg. 84
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 1 258067.1

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

2.g
Packet Pg. 28
Attachment: Marriott-Barstow_TOT Reimbursement Agreement; second option with flat monthly payment (4653 : Development Agreement for

3.c
Packet Pg. 85
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 2 258067.1
“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,

2.g
Packet Pg. 29
Attachment: Marriott-Barstow_TOT Reimbursement Agreement; second option with flat monthly payment (4653 : Development Agreement for

3.c
Packet Pg. 86
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 3 258067.1
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

2.g
Packet Pg. 30
Attachment: Marriott-Barstow_TOT Reimbursement Agreement; second option with flat monthly payment (4653 : Development Agreement for

3.c
Packet Pg. 87
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 4 258067.1
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.

2.g
Packet Pg. 31
Attachment: Marriott-Barstow_TOT Reimbursement Agreement; second option with flat monthly payment (4653 : Development Agreement for

3.c
Packet Pg. 88
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 5 258067.1
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.

2.g
Packet Pg. 32
Attachment: Marriott-Barstow_TOT Reimbursement Agreement; second option with flat monthly payment (4653 : Development Agreement for

3.c
Packet Pg. 89
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 6 258067.1
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

2.g
Packet Pg. 33
Attachment: Marriott-Barstow_TOT Reimbursement Agreement; second option with flat monthly payment (4653 : Development Agreement for

3.c
Packet Pg. 90
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 7 258067.1
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

2.g
Packet Pg. 34
Attachment: Marriott-Barstow_TOT Reimbursement Agreement; second option with flat monthly payment (4653 : Development Agreement for

3.c
Packet Pg. 91
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 8 258067.1
(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.

2.g
Packet Pg. 35
Attachment: Marriott-Barstow_TOT Reimbursement Agreement; second option with flat monthly payment (4653 : Development Agreement for

3.c
Packet Pg. 92
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 9 258067.1
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.

2.g
Packet Pg. 36
Attachment: Marriott-Barstow_TOT Reimbursement Agreement; second option with flat monthly payment (4653 : Development Agreement for

3.c
Packet Pg. 93
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY 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:

2.g
Packet Pg. 37
Attachment: Marriott-Barstow_TOT Reimbursement Agreement; second option with flat monthly payment (4653 : Development Agreement for

3.c
Packet Pg. 94
Attachment: 2021-05-27 City Council - Full Agenda-2278 (5590 : PUBLIC HEARING REGARDING MARRIOTT HOTEL TRANSIENT OCCUPANCY Joint Special Council/BFPD
03/4/24 06:00 PM
Parks and Recreation
Josie Baker
Budget
Doc ID: 5586

AGENDA ITEM
AGENDA MATTER:

YOUTH COMMUNITY PROMOTIONAL FUND BUDGET APPROPRIATION
EXECUTIVE SUMMARY:

During the Feb 20, 2024 council meeting, council recommended to increase the budgets of both the Youth and Senior Program Measure Q Funds. Increase the youth account 102.150.542.07.770 to $75,000 from $38,000 and increase Seniors account 102.150.542.07.771 from $15,000 to $25,000 with a total increase of $47,000.

DISCUSSION:

FISCAL IMPACT:

Increase the budgets of both the Youth and Senior Program Funds. Increase the youth account 102.150.542.07.770 to $75,000 from $38,000 and increase Seniors account 102.150.542.07.771 from $15,000 to $25,000 with a total increase of $47,000. This increase will be an additional appropriation from the 102 fund balance.

RECOMMENDED ACTION:

To formally increase the youth account 102.150.542.07.770 to $75,000 from $38,000 and increase Seniors account 102.150.07.771 from $15,000 to $25,000 with a total increase of $47,000. 4 Packet Pg. 95
Joint Special Council/BFPD
03/4/24 06:00 PM
City Clerk / Records
Maribel Hernandez
Travel
Doc ID: 5589

AGENDA ITEM
AGENDA MATTER:

APPROVAL FOR COUNCIL MEMBER CARMEN HERNANDEZ TO TRAVEL TO THE CITY COUNTY 2024 CONFERENCE IN LAKE ARROWHEAD, CA
EXECUTIVE SUMMARY:

It is requested that the City Council approve travel for Council Member Hernandez to attend the City County Conference in Lake Arrowhead, CA, May 16 - 17, 2024.

DISCUSSION:

San Bernardino County will host its yearly City County Conference on May 16 - 17, 2024, in Lake Arrowhead, California. This event provides an opportunity for City officials to connect with County representatives to receive updates that impact the cities within San Bernardino County. Additionally, it helps to inform them about available resources. The conference also facilitates interactions among cities for in-depth conversations about shared challenges and situations affecting their respective communities.

It is requested that the City Council approve travel for Council Member Carmen Hernandez. The estimated costs to attend are as follows:

Travel/Transportation $ 119.00
Meals $ 50.00
Hotel $ 223.32
TOTAL $ 392.32
FISCAL IMPACT:

Funds are available in the FY 2023/24 budget from General Fund Account No. 100.110.110.03.319 RECOMMENDED ACTION:

Approve travel for Council Member Hernandez to attend the City-County Conference in Lake Arrowhead scheduled for May 16 - 17, 2024.
5 Packet Pg. 96
Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5582

COUNCIL AGENDA ITEM
AGENDA MATTER:

SURPLUS LAND ACT DESIGNATION: APNS: 0427-062-44-0000, 0427-062-45-0000, 0427-062-43- 0000
EXECUTIVE SUMMARY:

The Successor Agency to the former Redevelopment Agency of the City of Barstow (“Agency”) owns three properties that it has deemed are no longer necessary for the Agency’s use. The Surplus Land Act requires the Agency to declare at a regular public meeting that such land is not necessary for the Agency’s use. City staff put together this report to discuss these parcels DISCUSSION:

In order to discuss the sale of these properties with potential buyers, the Agency must designate the properties surplus to the Agency’s needs.

The Surplus Land Act requires the Agency to send a written Notice of Availability of surplus land to HCD, other public agencies in whose jurisdiction the surplus land is located, and prospective affordable housing developers that have notified HCD of their interest in surplus land that is in the county in which the surplus land is located, or all counties. Noticed agencies and registered housing developers have 60 days from the date of notice to express interest in the property and 90 days to complete good-faith negotiations.

The Agency is not required to sell the land to the interested party. If terms are not agreed upon between the interested party and the Agency within the 90-days of good-faith negotiations, the Agency may negotiate with any other developers or interested parties for the disposition of surplus land.

Likewise, the proposed declaration of surplus land does not authorize the sale or lease of the affected properties. Once the above process is complete, individual property transactions are required to come before the City Council for approval.

If an agency fails to provide the proper notices, there is a significant penalty that requires a local agency to forfeit 30 percent of the purchase/lease proceeds for the first violation and 50 percent for any subsequent violations.

The properties in question are below:

1. 0427-062-44-0000
The subject site is a 3.65 acre zoned Diverse Use located off West Main Street in the City of Barstow and may be accessed by the street. The site is currently owned by the Agency. The Agency intends to market the vacant land for its highest and best use.

2. 0427-062-45-0000
The subject site is a 5.26 acre zoned Diverse Use located off West Main Street in the City of Barstow and may be accessed by the street. The site is currently owned by the Agency. The Agency intends to market the vacant land for its highest and best use.
6 Packet Pg. 97
Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5582

COUNCIL AGENDA ITEM

3. 0427-062-43-0000
The subject site is a 7.55 acre zoned Diverse Use located off West Main Street in the City of Barstow and may be accessed by the street. The site is currently owned by the Agency. The Agency intends to market the vacant land for its highest and best use.

Surplus Land Act Analysis:

The Agency is subject to the California Surplus Land Act (Government Code §54220 et seq.) (the “Act”), which requires local agencies (including cities) to determine, by governing body findings, whether land it intends to dispose of is (a) “surplus” and, if so, should first be made available to affordable housing developers; or, if surplus, (b) “exempt surplus” and not subject to the procedural requirements under the Act.

Section 54221 (b)(1) of the Act defines “surplus land” as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.” Under the Act, the land must be declared “either ‘surplus land’ or ‘exempt surplus land,’ as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures.” Section 54221 (c)(1) defines “agency’s use” to include, but not be limited to, “land that is being used, is planned to be used pursuant to a written plan adopted by the local agency’s governing board for, or is disposed to support ... agency work or operations, including, but not limited to, utility sites, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes related to greenhouse gas emissions, and buffer sites near sensitive governmental uses, including, but not limited to, wastewater treatment plants.” Notably, “agency’s use” does not include “commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development”; nor does it include “property disposed of for the sole purpose of investment or generation of revenue.” Govt. C. § 54221 (c)(2)(A).

ENVIRONMENTAL IMPACT:

The proposed action will not cause a direct physical change in the environment, and therefore, does not constitute the approval of a project under the California Environmental Quality Act (CEQA), and is exempt from CEQA. The Agency has determined that the designation of these properties as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT:

There are no anticipated fiscal impacts to declaring these properties surplus as they are not the source of substantial revenue for the City and all are vacant.

RECOMMENDED ACTION:
6 Packet Pg. 98
Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5582

COUNCIL AGENDA ITEM
Staff recommends that the City Council declare the listed properties surplus and direct the City Manager to send a written Notice of Availability of surplus land to HCD and conduct all other required activities to declare the land surplus.
6 Packet Pg. 99
City Council Resolution No. ____-2024 1
RESOLUTION NO. ____-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BARSTOW, CALIFORNIA, DECLARING THE
PROPERTIES LOCATED AT 0427-062-44-0000, 0427-062-
45-0000, 0427-062-43-0000 TO BE SURPLUS LAND
WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of Barstow (“Agency”) owns certain properties located at 0427-062-44-0000, 0427- 062-45-0000, 0427-062-43-0000 (“Properties”); and
WHEREAS, the Agency would like to sell the Properties, which consist of three (3) parcels currently zoned Diverse Use, totaling approximately 16.46 acres; and WHEREAS, before the Agency can sell the Properties, it must comply with the noticing requirements of Government Code section 54220 et seq., commonly referred to as the “Surplus Land Act”; and
WHEREAS, under Government Code section 54221, subdivision (b)(1), “Surplus land” is defined as “land owned in fee simple by a local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.”

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

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

SECTION 2. Surplus Land. The Properties are hereby declared “surplus land” under Government Code section 54221, subdivision (b)(1), in that they are land owned in fee simple by the Agency and are not necessary for the Agency’s use.

SECTION 3. Notice of Availability. City staff is hereby directed and authorized to send a written notice of availability of the Properties to all of the entities listed in Government Code section 54222.

SECTION 4. Certification. The City Clerk shall certify to the adoption of this Resolution.

6.a
Packet Pg. 100 Attachment: Reso re SLA-Redevelopment (5582 : Surplus Land Act Designation) City Council Resolution No. ____-2024 2
PASSED, APPROVED AND ADOPTED this 4th day of March, 2024. __________________________________
Paul Anthony Courtney, Dr.B.A., Mayor
ATTEST:
__________________________________
Andrea Flores, City Clerk
APPROVED AS TO FORM:
__________________________________
Matthew T. Summers, City Clerk

6.a
Packet Pg. 101 Attachment: Reso re SLA-Redevelopment (5582 : Surplus Land Act Designation) City Council Resolution No. ____-2024 3
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. ____-2024 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 4
th day of March, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Andrea Flores, City Clerk

6.a
Packet Pg. 102 Attachment: Reso re SLA-Redevelopment (5582 : Surplus Land Act Designation)

6.b
Packet Pg. 103 Attachment: Parcel Map-Redevelopment (5582 : Surplus Land Act Designation)

6.b
Packet Pg. 104 Attachment: Parcel Map-Redevelopment (5582 : Surplus Land Act Designation) Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5581

COUNCIL AGENDA ITEM
AGENDA MATTER:

SURPLUS LAND ACT DESIGNATION: APNS: 0182-011-14-0000, 0182-011-15-0000, 0182-011-16- 0000, 0182-011-17-0000, 0182-011-12-0000, 0181-063-26-0000, 0181-063-27-0000, 0182-012-09-0000, 0182-012-08-0000, 0182-011-18-0000, 0182-012-24-0000, 0182-012-37-0000, 0182-093-06-0000, 0181- 063-25-0000, 0182-012-10-0000, 0182-012-52-0000, 0181-072-26-0000, , 0182-012-39-0000, 0182-012- 23-0000, 0182-011-26-0000, 0426-041-05-0000, 0182-011-27-0000, 0182-012-44-0000, 0182-011-23- 0000, 0426-061-06-0000, 0182-012-02-0000, 0182-012-01-0000, 0182-012-43-0000, 0424-132-67-0000, 0182-011-21-0000, 0181-011-07-0000, 0181-011-17-0000, 0182-011-19-0000, 0181-011-04-0000, 0181- 011-18-0000, 0182-011-10-0000, 0182-011-11-0000, 0182-011-24-0000, 0182-011-25-0000, 0182-012- 36-0000, 0182-011-07-0000, 0182-011-22-0000
EXECUTIVE SUMMARY:

The City of Barstow owns forty-two properties that it has deemed are no longer necessary for the City’s use. The Surplus Land Act requires the City to declare at a regular public meeting that such land is not necessary for the City’s use. City staff put together this report to discuss these parcels.

DISCUSSION:

To initiate discussions with potential buyers regarding the sale of specific properties, the City is required to designate these properties as surplus to its needs. The Surplus Land Act (SLA) mandates a formal process, recently amended by Senate Bill (SB) 747 (Caballero) and Assembly Bill (AB) 480 (Ting), for the declaration and disposition of surplus land, along with associated guidelines issued by the California Department of Housing and Community Development (HCD).

The SLA establishes obligations for a local agency that is selling or leasing its land. A local agency must declare land as either "surplus" or "exempt surplus" before selling or leasing its land. When land is deemed "surplus," the agency must notify specific entities, such as affordable housing developers, and negotiate in good faith for a minimum of ninety (90) days with interested specified entities before considering a lease or sale to another party. In the case of "exempt surplus" land, along with making written findings that the surplus land is “exempt,” local agencies must allow thirty (30) days for HCD to review the determination before a lease or sale can occur.

Senate Bill 747 and Assembly Bill 480 modified the SLA, effective January 1, 2024, including by the introduction of several new categories of exempt surplus land, such as small parcels.

Specifically for the purposes of the subject parcels, SB 747 and AB 480, expanded the Small Parcel Exemption to apply to land less than one half (1/2) acre in area and not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. (Gov. Code, § 54221 subd. (f)(1)(B)). This represents a substantial increase from the previous limit of five thousand (5,000) square feet (prior Gov. Code, § 54221 subd. (E)(1)(B)).

The properties in question are below. All of the properties qualify for the Small Parcel Exemption, as each are less than one half (1/2) acre in area and not contiguous to land owned by a state or local agency usedfor open-space or low- and moderate-income housing purposes. 7 Packet Pg. 105
Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5581

COUNCIL AGENDA ITEM
If the City Council adopts a resolution declaring the subject properties exempt surplus land, then it must submit the resolution to HCD. If the City receives no comment from HCD within 30 days, it may freely sell or lease the properties. (Gov. Code, § 54222.3).

1. 0182-011-14-0000
The subject site is a 0.03 acre zoned Industrial located off Pierce Avenue in the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderateincome housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

2. 0182-011-15-0000
The subject site is a 0.03 acre zoned Industrial located off Pierce Avenue in the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderateincome housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

3. 0182-011-16-0000
The subject site is a 0.03 acre zoned Industrial located off Pierce Avenue in the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderateincome housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

4. 0182-011-17-0000
The subject site is a 0.03 acre zoned Industrial located off Pierce Avenue in the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderateincome housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

5. 0182-011-12-0000
The subject site is a 0.04 acre zoned Industrial located off Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

6. 0181-063-26-0000
The subject site is a 0.05 acre zoned General Commercial located off 113 West Main Street in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

7. 0181-063-27-0000
The subject site is a 0.05 acre zoned General Commercial located off 117 West Main Street in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local 7 Packet Pg. 106
Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5581

COUNCIL AGENDA ITEM
agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

8. 0182-012-09-0000
The subject site is a 0.07 acre zoned Industrial located off 228 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

9. 0182-012-08-0000
The subject site is a 0.08 acre zoned Industrial located off 228 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

10. 0182-011-18-0000
The subject site is a 0.01 acre zoned Industrial located off Pierce Avenue in the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderateincome housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

11. 0182-012-24-0000
The subject site is a 0.11 acre zoned Industrial located off Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

12. 0182-012-37-0000
The subject site is a 0.11 acre zoned Industrial located off Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

13. 0182-093-06-0000
The subject site is a 0.11 acre zoned Public Facility located off 1000 Nacy Street in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

14. 0181-063-25-0000
The subject site is a 0.12 acre zoned General Commercial located off 109 Main Street in the City ofBarstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned 7 Packet Pg. 107
Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5581

COUNCIL AGENDA ITEM
by the City of Barstow. The City intends to market the vacant land for its highest and best use.

15. 0182-012-10-0000
The subject site is a 0.12 acre zoned Industrial located off 106 Willow Drive in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

16. 0182-012-52-0000
The subject site is a 0.12 acre zoned Industrial located off 111 Willow Drive in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

17. 0181-072-26-0000
The subject site is a 0.13 acre zoned General Commercial located off 101 East Main Street in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

18. 0182-012-39-0000
The subject site is a 0.14 acre zoned Industrial located off 234 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

19. 0182-012-23-0000
The subject site is a 0.16 acre zoned Industrial located off 204 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

20. 0182-011-26-0000
The subject site is a 0.17 acre zoned Industrial located off 28876 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

21. 0426-041-05-0000
The subject site is a 0.17 acre zoned Diverse Use located off Irwin Road in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use. 7 Packet Pg. 108
Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5581

COUNCIL AGENDA ITEM

22. 0182-011-27-0000
The subject site is a 0.19 acre zoned Industrial located off 225 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

23. 0182-012-44-0000
The subject site is a 0.2 acre zoned Industrial located off 216 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

24. 0182-011-23-0000
The subject site is a 0.21 acre zoned Industrial located off Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

25. 0426-061-06-0000
The subject site is a 0.23 acre zoned Industrial located off Crooks Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

26. 0182-012-02-0000
The subject site is a 0.28 acre zoned Industrial located off 276 Pierce Avenue in the City of Barstow. The site is currently owned by the City of Barstow and connected to other Industrial lots that are also currently owned by the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The City intends to market the vacant land for its highest and best use.

27. 0182-012-01-0000
The subject site is a 0.29 acre zoned Industrial located off 282 Pierce Avenue in the City of Barstow. The site is currently owned by the City of Barstow and connected to other Industrial lots that are also currently owned by the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The City intends to market the vacant land for its highest and best use.

28. 0182-012-43-0000
The subject site is a 0.29 acre zoned Industrial located off 222 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use. 7 Packet Pg. 109
Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5581

COUNCIL AGENDA ITEM

29. 0424-132-67-0000
The subject site is a 0.3 acre zoned Estate Residential located off Montara Road in the City of Barstow.

The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

30. 0182-011-21-0000
The subject site is a 0.31 acre zoned Industrial located off 215 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

31. 0181-011-07-0000
The subject site is a 0.34 acre zoned Industrial located off Crooks Ave in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for openspace or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

32. 0181-011-17-0000
The subject site is a 0.34 acre zoned Industrial located off 157 Crooks Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

33. 0182-011-19-0000
The subject site is a 0.34 acre zoned Industrial located off 235 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

34. 0181-011-04-0000
The subject site is a 0.35 acre zoned Industrial located on the corner of Crooks Ave and Pierce Ave in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

35. 0181-011-18-0000
The subject site is a 0.35 acre zoned Industrial located off 153 Crooks Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use. 7 Packet Pg. 110
Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5581

COUNCIL AGENDA ITEM

36. 0182-011-10-0000
The subject site is a 0.35 acre zoned Industrial located off Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

37. 0182-011-11-0000
The subject site is a 0.35 acre zoned Industrial located off Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

38. 0182-011-24-0000
The subject site is a 0.35 acre zoned Industrial located off 265 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

39. 0182-011-25-0000
The subject site is a 0.35 acre zoned Industrial located off 273 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

40. 0182-012-36-0000
The subject site is a 0.43 acre zoned Industrial located off 270 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

41. 0182-011-07-0000
The subject site is a 0.46 acre zoned Industrial located off Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

42. 0182-011-22-0000
The subject site is a 0.48 acre zoned Industrial located off 205 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.

ENVIRONMENTAL IMPACT:
7 Packet Pg. 111
Joint Special Council/BFPD
03/4/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5581

COUNCIL AGENDA ITEM
The proposed action will not cause a direct physical change in the environment, and therefore, does not constitute the approval of a project under the California Environmental Quality Act (CEQA), and is exempt from CEQA. The City has determined that the designation of these properties as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical
FISCAL IMPACT:

There are no anticipated fiscal impacts to declaring these properties surplus as they are not the source of substantial revenue for the City and all are vacant.

RECOMMENDED ACTION:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BARSTOW, CALIFORNIA, DECLARING THE
PROPERTIES LOCATED AT 0182-011-14-0000, 0182-011-
15-0000, 0182-011-16-0000, 0182-011-17-0000, 0182-011-
12-0000, 0181-063-26-0000, 0181-063-27-0000, 0182-012-
09-0000, 0182-012-08-0000, 0182-011-18-0000, 0182-012-
24-0000, 0182-012-37-0000, 0182-093-06-0000, 0181-063-
25-0000, 0182-012-10-0000, 0182-012-52-0000, 0181-072-
26-0000, , 0182-012-39-0000, 0182-012-23-0000, 0182-011- 26-0000, 0426-041-05-0000, 0182-011-27-0000, 0182-012-
44-0000, 0182-011-23-0000, 0426-061-06-0000, 0182-012-
02-0000, 0182-012-01-0000, 0182-012-43-0000, 0424-132-
67-0000, 0182-011-21-0000, 0181-011-07-0000, 0181-011-
17-0000, 0182-011-19-0000, 0181-011-04-0000, 0181-011-
18-0000, 0182-011-10-0000, 0182-011-11-0000, 0182-011-
24-0000, 0182-011-25-0000, 0182-012-36-0000, 0182-011-
07-0000, 0182-011-22-0000 TO BE EXEMPT SURPLUS
LAND
WHEREAS, the City owns certain properties located at 0182-011-14-0000, 0182- 011-15-0000, 0182-011-16-0000, 0182-011-17-0000, 0182-011-12-0000, 0181-063-26- 0000, 0181-063-27-0000, 0182-012-09-0000, 0182-012-08-0000, 0182-011-18-0000, 0182-012-24-0000, 0182-012-37-0000, 0182-093-06-0000, 0181-063-25-0000, 0182- 012-10-0000, 0182-012-52-0000, 0181-072-26-0000, , 0182-012-39-0000, 0182-012-23- 0000, 0182-011-26-0000, 0426-041-05-0000, 0182-011-27-0000, 0182-012-44-0000, 0182-011-23-0000, 0426-061-06-0000, 0182-012-02-0000, 0182-012-01-0000, 0182- 012-43-0000, 0424-132-67-0000, 0182-011-21-0000, 0181-011-07-0000, 0181-011-17- 0000, 0182-011-19-0000, 0181-011-04-0000, 0181-011-18-0000, 0182-011-10-0000, 0182-011-11-0000, 0182-011-24-0000, 0182-011-25-0000, 0182-012-36-0000, 0182- 011-07-0000, 0182-011-22-0000
(“Properties”); and
WHEREAS, the City would like to sell the Properties, which consist of one (1) parcel currently zoned Diverse Use, thirty five (35) parcels currently zoned Industrial, one (1) parcel currently zoned Estate Residential, one (1) parcels currently zoned Public Facility, four (4) parcels currently zoned General Commercial, totaling approximately

8.76acres; and
WHEREAS, before the City can sell the Properties, it must comply with the noticing requirements of Government Code section 54220 et seq., commonly referred to as the “Surplus Land Act”; and
WHEREAS, under Government Code section 54221, subdivision (b)(1), “Surplus land” is defined as “land owned in fee simple by a local agency for which the local

7.a
Packet Pg. 113 Attachment: Reso re SLA - city-owned land _.5 acres (5581 : Surplus Land Act Designation) 337751.1 City Council Resolution No. ____-
2024 2
agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use”; and WHEREAS, under Government Code section 54221, subdivision (f)(1)(B), “exempt surplus land” is defined, among other things, as “Surplus land that is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.”

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

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

SECTION 2. Exempt Surplus Land. The Properties are hereby declared “exempt surplus land” under Government Code section 54221, subdivision (f)(1)(B), in that they are each less than one-half acre in area and not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.

City Staff is hereby directed and authorized to send a written notice of the City’s declaration and finding to the California Department of Housing and Community Development for a 30-day review period.

SECTION 4. Certification. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 4
th day of March, 2024.
__________________________________
Paul Anthony Courtney, Dr.B.A., Mayor
ATTEST:
__________________________________
Andrea Flores, City Clerk
APPROVED AS TO FORM:
__________________________________
Matthew T. Summers, City Clerk

7.a
Packet Pg. 114 Attachment: Reso re SLA - city-owned land _.5 acres (5581 : Surplus Land Act Designation) 337751.1 City Council Resolution No. ____-
2024 3
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. ____-2024 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 4
th day of March, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Andrea Flores, City Clerk

7.a
Packet Pg. 115 Attachment: Reso re SLA - city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 116 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 117 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 118 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 119 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 120 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 121 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 122 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 123 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 124 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 125 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 126 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 127 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 128 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 129 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 130 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 131 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 132 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 133 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 134 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 135 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

7.b
Packet Pg. 136 Attachment: Parcel Map- city-owned land _.5 acres (5581 : Surplus Land Act Designation)

Barstow City CouncilMarch 4, 2024

Barstow City Council
March 4, 2024