Agenda packet, regular meeting — Barstow City Council, May 20, 2024

REGULAR MEETING

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MAY 20, 2024
7:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA

REGULAR MEETING
Agenda-May 20, 2024

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MAYOR
Paul Anthony Courtney

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

ELECTED CITY CLERK
Andrea Flores

ELECTED CITY TREASURER
Michael Lewis

PLANNING COMMISSIONERS
Andrew Ziemer
Beatrice Lint
Paul Niemeyer
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

AMENDED
CALL TO ORDER THE REGULAR MEETING 7:00PM
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-May 20, 2024

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

1. PRESENTATION FROM SKYLINE NORTH ELEMENTARY SCHOOL
Recommended Action:

Presentation only.

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

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

MINUTES ALL AGENCIES:

2. MINUTES OF FEBRUARY 27, 2024 WORKSHOP
Recommended Action:

Approve the minutes as presented.

3. MINUTES CC BFPD MARCH 4, 2024 6:00 P.M.

Recommended Action:

Approve minutes as presented.

4. MINUTES OF MARCH 7, 2024 COUNCIL GOALS WORKSHOP
Recommended Action:

Approve the minutes as presented.

5. MINUTES REGULAR MEETING - MARCH 18, 2024, AT 6:00 P.M.

Recommended Action:

Approve minutes as presented.

6. MINUTES OF MARCH 20, 2024 WORKSHOP
Recommended Action:

Approve the minutes as presented.

CITY COUNCIL:

7. ACCEPTANCE OF THE FY 22-23 SB 1383 LOCAL ASSISTANCE GRANT AND BUDGET APPROPRIATION FOR FY 24-25
Recommended Action:

Agenda-May 20, 2024

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8. ACCEPTANCE OF THE FY 23-24 BEVERAGE CONTAINER RECYCLING CITY/COUNTY

PAYMENT PROGRAM AWARD
Recommended Action:

9. COMMUNITY PROMOTIONAL FUND APPLICATION FROM THE ART AND INDUSTRIAL

WOMEN'S CLUB
Recommended Action:

Approve a Community Promotional Fund donation in the amount of $1,000 and $1,193.16 of inkind donations to the Art and Industrial Women's Club.

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:

10. RESOLUTION APPROVING A REQUEST BY BURRTEC WASTE INDUSTRIES FOR A

CONSUMER PRICE INDEX (CPI) INCREASE
Recommended Action:

Conduct the Public Hearing and subject to testimony received, adopt Resolution No. _____ - 2024, approving a request by Burrtec Waste Industries for a Consumer Price Index (CPI) increase of 4.65% to existing rates for waste collection and recycling services and waive the full reading.

BUSINESS / ACTION ITEMS:

CITY COUNCIL:

11. ALLOCATION OF FUNDS FOR EQUIPMENT PURCHASES
Recommended Action:

Staff recommends that the City Council take the following actions:

Authorize the allocations to purchase the listed equipment from the FY 24 Budget savings, and Measure Q surplus comprising $924,304.51 from the fiscal year 2024 budget savings and $756,095.64 from the surplus from Measure Q, and authorize the Assistant City Manager or designee to execute the necessary agreements.

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:

12. CITY MANAGER'S APRIL 2024 UPDATE
Recommended Action:

Receive and file.

COUNCIL COMMITTEE REPORTS:

Agenda-May 20, 2024

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Approved:

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.

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 17th day of May, 2024.

Andrew Espinoza Jr./Acting City Manager
Regular Meeting
05/20/24 05:30 PM
City Clerk / Records
Maribel Hernandez
Presentation
Doc ID: 5640

AGENDA ITEM
AGENDA MATTER:

PRESENTATION FROM SKYLINE NORTH ELEMENTARY SCHOOL
EXECUTIVE SUMMARY:

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

DISCUSSION:

Presentation only.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Presentation only.
1 Packet Pg. 5
Regular Meeting
05/20/24 05:30 PM
City Clerk / Records
Maribel Hernandez
Other
Doc ID: 5651

AGENDA ITEM
AGENDA MATTER:

MINUTES OF FEBRUARY 27, 2024 WORKSHOP
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None
RECOMMENDED ACTION:

Approve the minutes as presented.
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WORKSHOP

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
FEBRUARY 27, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

WORKSHOP
Minutes-February 27, 2024

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CALL TO ORDER - REGULAR MEETING 6:00 PM:

INVOCATION:

MAYOR PRO TEM gave the invocation.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER DYER KRUSE led in the pledge of allegiance.

ROLL CALL:

Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse Council Member Present
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Present
Carmen Hernandez Council Member Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA PLEASE SO

INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HAND 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 TONIGH WILL BE FOR THE BENEFIT OF THE BARSTOW COMMUNITY AND NOT FOR PERSONAL GAIN.

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

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IMMEDIATE ACTION, TO BE ADDED BY A TWO-THIRDS VOTE OF THE COUNCIL MEMBERS PRESENT

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

RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
WORKSHOP:

1. COMMUNITY BENEFITS PROGRAM, AND MEASURE Q WORKSHOP DISCUSSION Recommended Action:

That the City Council receive input and provide direction.

ANDREW ESPINOZA JR., INTERIM CITY MANAGER provided an overview of the Community Benefits Program as outlined in the presentation.

Council Members provided their comment and recommendations on how to use the funds.

SPEAKERS:

TED WEASMA, BARSTOW, CALIFORNIA
- Spoke on the previous presentation.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke on how to use the funds.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Recommended saving funds.

LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Gave his interpretation of the program.

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Recommended selecting onetime expenses and saving for emergencies around the city.

CATHY WILLIAMS, BARSTOW, CALIFORNIA
- Asked for support for special needs and foster kids

TIFFANY GIBBONS, BARSTOW, CALIFORNIA
- Gave breakdown of fees her business has paid.

The Council provided additional comments and recommendations to staff.

INTERIM CITY MANAGER, ANDREW ESPINOZA JR., to arrange a follow-up meeting to discuss the application and selection processes.

ADJOURNMENT:

By the consensus of the City Council and without objection, the meeting was adjourned at 7:41 P.M.

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

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Attachment: 02.27.2024 Final (5651 : Minutes of February 27, 2024 Workshop) Regular Meeting
05/20/24 05:30 PM
City Clerk / Records
Maribel Hernandez
Other
Doc ID: 5650

AGENDA ITEM
AGENDA MATTER:

MINUTES CC BFPD - MARCH 4, 2024, AT 6:00 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
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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)

MINUTES

JOINT SPECIAL MEETING
Minutes-March 4, 2024

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CALL TO ORDER - CLOSED SESSION:

MAYOR COURTNEY called the Closed Session meeting to order at 6:00 P. M.

INVOCATION:

MAYOR PRO TEM NOBLE gave the invocation.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER DYER KRUSE led the pledge of allegiance.

ROLL CALL:

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

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

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

PUBLIC COMMENT - CLOSED SESSION:

SPEAKERS:

JOHN WILLIAMS, BARSTOW CALIFORNIA

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- Asked how much saving the city would have if there were no lawsuits.

MIKE HERNANDEZ, BARSTOW CALIFORNIA
- Asked if individuals can be held accountable for lawsuits.

MOTION TO GO INTO CLOSED SESSION:

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

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:

CITY ATTORNEY MATTHEW SUMMERS reported the following:
- Stated the City Council met in Closed Session to consider anticipated litigation regarding one potential case and Council provided directions to staff and took no reportable action.

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

MAYOR COURTNEY called the meeting to order at 7:09 P.M.

INVOCATION:

MAYOR PRO TEM NOBLE gave the invocation.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER DYER KRUSE led in the pledge of allegiance.

ROLL CALL:

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

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

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 MEMBERS PRESENT

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

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

None
CONSENT CALENDAR PUBLIC COMMENT:

None
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

COUNCIL MEMBER KRUSE
- Recused from check number 94479

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SPEAKERS:

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Inquired about the details of the payment made for legal services.

CITY ATTORNEY, MATTHEW SUMMERS
- Informed the public that information regarding legal services can be requested with the City Clerk.

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

DISCUSSION / ACTION ON DEFERRED ITEMS:

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.

CITY ATTORNEY, MATTHEW SUMMERS
- Presented the report as filed with the City Clerk’s office.

CITY CLERK ANDREA FLORES NOTED THE PUBLIC HEARING OPENED AT 7:31 P.M.

SPEAKERS:

JOHN GARDNER, BARSTOW, CALIFORNIA
- Inquired about the Public Hearing posting and if members of Council spoke to the hotel group in Atlanta.

TIM SILVA, BARSTOW, CALIFORNIA
- Expressed his concerns with the Marriott deal as he feels there is a lack of information.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Expressed her concerns with the Marriott deal.

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Expressed his concerns with the Marriott deal.

JIM BROWN, BARSTOW, CALIFORNIA
- Spoke about elected officials and there being conflict of interest.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke about the funding of the Marriott.

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CITY CLERK ANDREA FLORES NOTED THE PUBLIC HEARING CLOSED AT 7:48 P.M.

COUNCIL MEMBER ROSE
- Expressed her concerns with the Marriott deal.

COUNCIL MEMBER HERNANDEZ
- Expressed her concerns with the funding loan.

CITY ATTORNEY, MATTHEW SUMMERS
- Addressed the concerns of the speakers regarding the city incentive.

RESULT: PRESENTATION ONLY
BUSINESS / ACTION ITEMS:

CITY COUNCIL:

4. YOUTH COMMUNITY PROMOTIONAL FUND BUDGET APPROPRIATION 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.

INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Presented the staff report as filed with the City Clerk’s office.

SPEAKERS:

LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Thanked staff for correcting the amount in Youth Community Measure Q.

TED WEASMA, BARSTOW, CALIFORNIA,
- Thanked the staff for the increase of the funding for youth and seniors.

DOLORES PADILLA, BARSTOW, CALIFORNIA
- Thanked INTERIM CITY MANAGER ANDREW ESPINOZA FOR addressing their concerns.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Expressed her concerns with the funding allocation.

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Thanked staff for the adjustments in Measure Q funding and asked staff to look into the cost of the use of the field painter.

COUNCIL MEMBER ROSE
- Inquired about the Snack Bar as the groups could use it for additional funding.

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

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

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Recommended Action:

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

INTERIM CITY MANAGER ANDREW ESPINOZA JR.
- Presented the report as filed the with the City Clerk's office.

RESULT: APPROVED [4 TO 0]
MOVER: Paul Anthony Courtney, Mayor
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney
ABSTAIN: Hernandez

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.

MAYOR COURTNEY RECUSED FROM THE MEETING AT 8:21 P.M.

CITY ATTORNEY, MATTHEW SUMMERS
- Announced that MAYOR COURTNEY would be recusing from items 6 and 7 as he owns property within 1000 feet of the parcels listed in the staff report. -

ASSISTANT CITY MANAGER KODY TOMPKINS
- Presented the report as filed with the City Clerk’s office.

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

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.

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ASSISTANT CITY MANAGER KODY TOMPKINS
- Presented the report as filed with the City Clerk’s office.

RESULT: APPROVED [4 TO 0]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSTAIN: Courtney
MAYOR COURTNEY returned to the meeting at 8:32 P.M.

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

SPEAKERS

JOHN GARDNER, BARSTOW, CALIFORNIA
- Thanked the Police Department for assisting him with his vehicle.

LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Spoke about his concerns with youth sports.

TIM SILVA, BARSTOW, CALIFORNIA
- Spoke about Development Impact Fees.

TED WEASMA, BARSTOW, CALIFORNIA
- Thanked staff for being present

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Was happy to see a positive Council Meeting.

JASON LOWE, BARSTOW, CALIFORNIA
- Spoke about his concerns with EC Barstow.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Expressed his concerns with legal firm.

MICHAEL CARSON, BARSTOW, CALIFORNIA
- Inquired about the status of complaints made on a member of the Planning Commission’s property.

JIM BROWN, BARSTOW, CALIFORNIA
- Expressed his concerns with Police Department.

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Spoke of a letter that was given to the Mayor from a past City Manager.

STAFF REPORTS:

PUBLIC SAFETY REPORTS:

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INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Gave dates of upcoming workshops and city events and provided answers asked of the speakers.

FIRE CHIEF, NICK DINALPOLI
- Provided safety information to residents with all the recent high winds.

COUNCIL COMMITTEE REPORTS:

COUNCIL MEMBER ROSE
- Invited residents to attend the upcoming Rules and Policy on March 26, at 9 am and Homeward Bound March 13th.

MAYOR PRO TEM NOBLE
- NEXT VVTA meeting will be March 18th in Barstow Council Chambers.

COUNCIL MEMBER KRUSE
- Added that at the next Rules and Policy meeting they will look into creating a Senior Fund Policy

COUNCIL MEMBER HERNANDEZ
- Will be at the Mojave Air Quality meeting this coming Monday.

MAYOUR COURTNEY
- Said he would be attending the SB County Non Housed Meeting. -
BUSINESS OF THE COUNCIL:

COUNCIL MEMBER ROSE
- Wished all a Happy National Woman’s Month and asked staff to address the concerns of brought up regarding the Mayor’s TUP applications.

MAYOR PRO TEM NOBLE
- Encouraged all to come out March 31 to the Easter Egg Hunt at the Sports Park and thanked Public Safety for all they do.

COUNCIL MEMBER KRUSE
- Thanked the City Manager and staff for their work in addressing the issues with Little League.

COUNCIL MEMBER HERNANDEZ
- Addressed the issues with the Snack Bar and asked that there be a transition period with all the issues with Park and Recreation.

MAYOR COURTNEY
- Addressed questions that were asked of the speakers.

ADJOURNMENT:

By the consensus of the City Council and without objection, the meeting was adjourned at 9:32 P.M.

Respectfully Submitted: Approved:

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

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Attachment: 03.04.2024 Final (5650 : Minutes CC BFPD Marcht 4, 2024 6:00 P.M.) Regular Meeting
05/20/24 05:30 PM
City Clerk / Records
Maribel Hernandez
Other
Doc ID: 5653

AGENDA ITEM
AGENDA MATTER:

MINUTES OF MARCH 7, 2024 COUNCIL GOALS WORKSHOP
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None
RECOMMENDED ACTION:

Approve the minutes as presented.
4 Packet Pg. 20

WORKSHOP

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MARCH 7, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

WORKSHOP
Minutes-March 7, 2024

Page 1 of 2 ends

CALL TO ORDER - REGULAR MEETING 6:00 PM :

MAYOR COURTNEY called the meeting to order at 6:00 PM.

INVOCATION: MAYOR PRO TEM NOBLE gave the invocation.

PLEDGE OF ALLEGIANCE: COUNCIL MEMEMBER HERNANDEZ led the pledge of Allegiance.

ROLL CALL:

Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse Council Member Present
Barbara Mae Rose Council Member Late 6:13 PM
Paul Anthony Courtney Mayor Present
Carmen Hernandez Council Member Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA PLEASE SO

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

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 MEMBERS PRESENT

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

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

1. CITY COUNCIL GOALS
Recommended Action:

Discussion item only.

INTERIM CITY MANAGER ANDREW ESPINOZA JR.

Provided Council with a list of 11 goals and asked Council to select the ones that they felt the community needed.

SPEAKERS:

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Concerned that the goals are not attainable

PATTY NEGRETTE, BARSTOW, CALIFORNIA
- Spoke of the mental health needs of children.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Would like to see homeless services on top of the list.

Discussion ensued and the Council selected 6 goals and directed staff to define them to give the residents a better understanding of what is to be accomplished and requested staff to collect community input.

1. Environmental Sustainability and Protection

2. Economic Development and Job Creation

3. Improve and Upgrade Infrastructure

4. Public Safety and Emergency Preparedness

5. Housing and Homelessness

6. Improve and Upgrade Parks and Community Buildings
RESULT: PRESENTATION ONLY
ADJOURNMENT:

By the consensus of the City Council and without objection, the meeting was adjourned at 7:59 P.M.

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

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Attachment: 03.07.2024 Final (5653 : Minutes of March 7, 2024 Council Goals Workshop) Regular Meeting
05/20/24 05:30 PM
City Clerk / Records
Maribel Hernandez
Other
Doc ID: 5654

AGENDA ITEM
AGENDA MATTER:

MINUTES REGULAR MEETING - MARCH 18, 2024, AT 6:00 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
5 Packet Pg. 23

REGULAR MEETING

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MARCH 18, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

REGULAR MEETING
Minutes-March 18, 2024

Page 1 of 9 ends

CALL TO ORDER - CLOSED SESSION:

MAYOR COURTNEY called the meeting to order at 6:00 P.M.

INVOCATION:

MAYOR PRO TEM NOBLE led in the pledge the invocation.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER KRUSE led in the pledge of allegiance.

ROLL CALL:

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

PUBLIC COMMENT - CLOSED SESSION: THIS IS THE TIME AN DPLACE FOR THE GENERAL PUBLIC

TO ADDRESS THE GOVERNING BOARD ON MATTERS ON THE CLOSED SESSION AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE

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MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

SPEAKERS:

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Commented on all the loss of money in litigation.

MOTION TO GO INTO CLOSED SESSION:

RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble , Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Councilmember
AYES: Noble, Kruse, Rose, Courtney, Hernandez
CLOSED SESSION AGENDA ITEMS:

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

Pursuant to Government Code Section 54956.9(d)(2) & (e)(1) A point has been reached where, in the opinion of the City Council, on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City.

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

2. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: City Attorney
REPORT OF CLOSED SESSION:

CITY ATTORNEY MATTHEW SUMMERS reported the following:
- Stated the City Council met in Closed Session to consider two items.

1. The City Council met in Closed Session to consider three items, regarding Anticipated Litigation.

Direction was provided to the Council and staff and no reportable action was taken.

2. The City Council met in Closed session regarding one item related to Public Employment related to the title City Attorney. Direction was provided to Council and Staff and no reportable action was taken.

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

MAYOR COURTNEY Called the Regular Meeting to order at 7:27 P.M.

INVOCATION:

PASTOR BUSHAWN CARPENTER, gave the invocation.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER KRUSE led the pledge of allegiance.

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ROLL CALL:

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

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 MEMBERS PRESENT

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

UNANIMOUS VOTE OF THOSE MEMBERS PRESENT
RESULTS: APPROVED [UNANIOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
PRESENTATIONS:

3. PRESENTATION OF CERTIFICATES FOR ROK - REACHING OUR KIDS Recommended Action:

Presentation only.

BUSHAWN CARPENTER introduced the newest members of the ROK - Reaching Our Kids program and gave a brief explanation of their program.

RESULT: PRESENTATION ONLY

4. CHEMEHUEVI INDIAN TRIBE PROJECT UPDATE
Recommended Action:

Presentation only.

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CHAIRMAN LODGE of the Chemehuevi Indian Tribe gave an update on the progress of the Casino project.

SPEAKERS:

WILLIAM QUIMBY, BARSTOW, CALIFORNIA
- Excited to see the project as it will bring economic growth.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Inquired about the time frame as from when it will start and end, and asked when the agreement would be finalized.

HARVEY WALKER, BARSTOW, CALIFORNIA
- Said he is ready for the Casino to be done.

TIM SILVA, BARSTOW, CALIFORNIA
- Glad to hear the MSA is being revised. .

ANNE BURCHFIELD, BARSTOW, CALIFORNIA
- Thanked Council and staff for being professional and is excited for the growth the Casino will bring the city.

KAMBIZ MORIDI, PROPERTY OWNER
- Thanked staff and Chemehuevi Indian Tribe for their hard work in bringing the Casino.

RESULT: PRESENTATION ONLY
MAYOR COURTNEY called for a short recess at 8:04PM.

Meeting resumed at 8:16 P.M. with all members present.

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

MINUTES ALL AGENCIES:

None
ACCOUNTS PAYABLE ALL AGENCIES:

None
CITY COUNCIL:

5. FINAL ACCEPTANCE OF PACIFIC PLAY SYSTEMS INC. REPLACEMENT OF

PLAYGROUND EQUIPMENT AT DANA PARK
Recommended Action:

Staff recommends that the City Council take the following actions:

1. Approve Final Acceptance of Pacific Play System, Inc. to Replacement of Playground Equipment

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at Dana Park. Project Number 18-36-019.

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

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Thanked staff for the continued work on the parks.

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

PUBLIC HEARINGS:

BUSINESS / ACTION ITEMS:

CITY COUNCIL:

6. NORTH BARSTOW ADA INFRASTRUCTURE IMPROVEMENTS
Recommended Action:

Staff recommends that the City Council take the following actions:

1. Approve the allocation of Un-Programmed CDBG funds to the North Barstow ADA Infrastructure Improvement Project for the amount of $261,675 to fully fund and complete the project.

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

COUNCIL MEMBER ROSE -
- Asked how much money was currently in CDBG Unprogrammed Funds and asked for a second from Council, and Second by MAYOR COURTNEY.

MAYOR PRO TEM NOBLE
- Asked if the City was in jeopardy of losing funds.

COUNCIL MEMBER KRUSE
- Asked about if these funds were reimbursable.

BUILDING OFFICIAL/FIRE MARSHAL, CHRIS HELDRETH
- Answered questions asked of the COUNCIL and said the city is in jeopardy of losing CDBG funding due to not spending down the funds that were awarded and yes, this is a reimbursable fund. After the city completes projects, it will then submit documentation to the County for reimbursement.

SPEAKERS

MIKE HERNANDEZ BARSTOW, CALIFORNIA
- Glad to see the project moving forward.

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

7. AWARD OF CONTRACT FOR NORTH BARSTOW ADA INFRASTRUCTURE

IMPROVEMENTS
Recommended Action:

Staff Recommends that the City Council take the following actions:

1. Award project number 2023-02 / BARS-22-1-03K/0260 North Barstow ADA Infrastructure Project to TSR Construction and Inspection.

2. Approve an overall project budget of $356,113.

3. And authorize the City Manager or designated representative to sign the contract.

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

COUNCIL MEMBER KRUSE
- Said the timeline for the scope of work appears short.

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

8. ADOPTION OF RESOLUTION NO. 5154-2024 OPPOSING CALIFORNIA AIR RESOURCES BOARD’S IN-USE LOCOMOTIVE REGULATION
Recommended Action:

Staff recommends the City Council adopt a Resolution opposing this regulation, opposing the regulation’s approval under the Clean Air Act, and directing the City Manager to submit a formal comment letter in opposition..

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

COUNCIL MEMBER ROSE
- Asked if Legislative l Members were in support
-
INTERMIN CITY MANAGER ANDREW ESPINOZA JR.
- Said staff has been in constant communication and they are in full support.

TED WEASMA, BARSTOW, CALIFORNIA
- Gave the history of the locomotives.

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Spoke in support of the Resolution.

VIRGINIA BROWN, BARSTOW, CALIFORNIA
- Spoke in support of the Resolution.

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

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 REEQUIRED, 48 HOUR NOTICE MUST BE GIVEN TO THE CITY CLERK.

MAYOR COURTNEY left the Dias at 8:54 P.M.

JENNIFER SALGADO, BARSTOW, CALIFORNIA
- Spoke in regards to her organization and would like to invite to their conference on April 20th and have provided a flyer with additional information.

PAUL COURTNEY, BARSTOW, CALIFORNIA
- Spoke of his contribution he has done for the City and his ongoing issues with residents and Council.

DARRIN FIKSTAD, BARSTOW, CALIFORNIA
- Spoke in regards to the Desert Regional Steering Committee and his concerns with the Mayor sitting on the board.

KEILYN LORENZ ELLIS, BARSTOW, CALIFORNIA
- Shared his concerns with the Police Department.

TED WEASMA, BARSTOW, CALIFORNIA
- Concerned with human health.

ELIZABETH GIVENS, BARSTOW, CALIFORNIA
- Said she supports the Mayor and sees the positive he has brought to the city.

KAMBIZ MORIDI, BARSTOW, CALIFORNIA
- Asked for an update on the investigation regarding harassment.

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Spoke in regards to Mr. Courtney's comments.

REBECCA RODRIGUEZ, BARSTOW, CALIFORNIA
- Spoke in regards to the lights at the parks.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke in regards to the Marriott and asked for the conditions of the loan.

VIRGINIA BROWN, BARSTOW, CALIFORNIA
- Discussed the ongoing issues she has with Code Enforcement.

MAYOR COURTNEY returned to the Dias at 9:25 P.M.

STAFF REPORTS:

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Page 8 of 9 ends

9. CITY MANAGER'S FEBRUARY 2024 UPDATE
Recommended Action:

Receive and file.

INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Answered questions that were of concern from Council Members and Residents.

PUBLIC SAFETY UPDATES:

FIRE CHIEF, NICK DINAPOLI
- Gave some safety tips for residents with Daylight Savings, it's a good time to change the batteries in your smoke detectors.

COUNCIL COMMITTEE REPORTS:

Councilmembers will provide updates on their involvement in committees and boards.

COUNCIL MEMBER ROSE,
- Homeward Bound cancelled next meeting April 10, 2024
- Rules and Policy will be March 26

MAYOR PRO TEM
- Military Affairs March 12, 2024
- BCC having their graduation ceremony on May 17th

COUNCIL MEMBER KRUSE
- Upcoming Rules and Policy on March 26th.

COUNCIL MEMBER HERNANDEZ
- March 6 SBCTA
- March 7 SCAG Meeting
- March 25 Mojave Air Quality District
BUSINESS OF THE COUNCIL:

COUNCIL MEMBER ROSE
- Expressed her frustration with the accusations.

MAYOR PRO TEM NOBLE
- Asked staff to look into Ms. Virginia Brown concerns with Code Enforcement. - Attended the Scoping Meeting on March 13th and was happy to see that it was well attended. - Participated in the City Hall Open House.

COUNCIL MEMBER KRUSE
- Also attended the Open House at City Hall.
- Also pleased with the amount of participation at the Scoping Meeting. - Attended the Desert Mountain Region League of Cities meeting.

CARMEN HERNANDEZ
- Would like to know when the East and West directional information was removed from Main St. - And also said residents should take pride in their community and not park their vehicles on the lawn.
- Thanked New Life Fellowship for feeding the community and the nonprofits for working together.

MAYOR COURTNEY
- Attended all the same events mention by all Council Members.

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Page 9 of 9 ends

- Glad to see mental and drug services now available in Barstow. - Thanked staff for the support during the High Desert Realtor Symposium.

ADJOURNMENT:

By the consensus of the City Council and without objection, the meeting was adjourned at 10:03 PM.

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

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Attachment: 03.18.2024 Final (5654 : Minutes Regular Meeting March 18, 2024 6:00 P.M.) Regular Meeting
05/20/24 05:30 PM
City Clerk / Records
Maribel Hernandez
Other
Doc ID: 5655

AGENDA ITEM
AGENDA MATTER:

MINUTES OF MARCH 20, 2024 WORKSHOP
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None
RECOMMENDED ACTION:

Approve the minutes as presented.
6 Packet Pg. 33

WORKSHOP

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MARCH 20, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

WORKSHOP
Minutes-March 20, 2024

Page 1 of 2 ends

CALL TO ORDER - WORKSHOP MEETING 6:00 PM:

MAYOR COURTNEY called the meeting to order at 6:00 P.M.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER KRUSE led the pledge of allegiance.

ROLL CALL:

Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Late 6:16 PM
Marilyn Dyer Kruse Council Member Present
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Present
Carmen Hernandez Council Member Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA PLEASE SO

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

WORKSHOP:

1. COMMUNITY BENEFITS PROGRAM WORKSHOP DISCUSSION
Recommended Action:

That the City Council receives input and provides direction to staff.

INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Gave a presentation that will be included in the minutes for reference as to what was discussed.

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SPEAKERS – THE FOLLOWING INDIVIDUALS ADDRESSED THE CITY COUNCIL:

LEONARD WILLIAMS, BARSTOW, CALIFORNIA

TED WEASMA, BARSTOW, CALIFORNIA

JANE BROCKHURST, BARSTOW, CALIFORNIA

ANTANICE NOBLE, BARSTOW, CALIFORNIA
It was the consensus of the Council to discuss the application process as well as look at all 12 categories and their definitions to the next workshop. General direction only; no action taken.

RESULT: PRESENTATION ONLY
ADJOURNMENT:

By the consensus of the City Council and without objection, the meeting was adjourned at 7:48 P.M.

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Attachment: 03.20.2024 Final (5655 : Minutes of March 20, 2024 Workshop) Regular Meeting
05/20/24 05:30 PM
Environmental Services
Jessica Reed
Grant
Doc ID: 5588

COUNCIL AGENDA ITEM
AGENDA MATTER:

ACCEPTANCE OF THE FY 22-23 SB 1383 LOCAL ASSISTANCE GRANT AND BUDGET APPROPRIATION FOR FY 24-25
EXECUTIVE SUMMARY:

The Department of Resources Recycling and Recovery (CalRecycle) provides this grant program for local jurisdictions to assist with the implementation of regulatory requirements associated with Senate Bill 1383.

DISCUSSION:

On June 20, 2022, the City Council approved the acceptance of the inaugural SB 1383 Local Assistance Grant (LAG) award in the amount of $35,142.00. Since then, we have been able to fund projects that have aided in successful program implementation. Below is a breakdown of the projects funded by the FY 21-22 LAG:

Collection
Beginning Budget $ 14,266.44
2,000 Kitchen Pails $ (14,266.44)
Current Balance $ -
Education & Outreach
Beginning Budget $ 20,875.56
Geofencing Ads (Program Launch) $ (5,000.00)
EcoHero School Programs (22-23 School Year) $ (7,500.00) EcoHero School Programs (23-24 School Year) $ (5,700.00) Current Balance $ 2,675.56
The remaining balance will be used to continue EcoHero programs through the end of the 23-24 school year. Any unused funds will be carried forward to the FY-24-25 budget. FY 21-22 funds must be spent by October 31, 2024.
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Regular Meeting
05/20/24 05:30 PM
Environmental Services
Jessica Reed
Grant
Doc ID: 5588

COUNCIL AGENDA ITEM
In February 2024, staff was informed of the successful FY 22-23 LAG application and award to the City of Barstow in the amount of $75,000.00.

Eligible expenditures under the grant must be within the following categories:
 Collection
 Edible Food Recovery
 Education & Outreach
 Enforcement and Inspections
 Program Evaluations
 Procurement Requirements
 Record Keeping
Focus areas for the FY 22-23 funds include:
 Compost application equipment. We plan to purchase a compost spreader to help the Public Works Department apply compost/mulch material onto public parks and open spaces more efficiently. The current equipment’s capacity is limited, which makes the application process quite time consuming. The proposed new equipment would allow for more area coverage in a shorter time span, while helping us meet SB 1383 recovered organic waste procurement requirements.  Bins and labeling. We intend on purchasing interior organic waste containers to increase participation in the collection program. This may include containers for residences, businesses, and other covered entities including schools. When organic waste generators have interior containers, they are more likely to participate in the curbside collection program. Our goal is to eliminate as many barriers to participation as possible and to help reduce contamination.  Education and outreach. We plan to use funds towards various types of education such as print material, audio and/or visual messaging, and in-person outreach including school education projects and/or presentations. Program messaging will focus on recycling, composting, food waste prevention, and contamination minimization.
 Other potential projects as approved by CalRecycle. Should there be a shift in the needs/priorities of program implementation resulting in a need to redirect funds to other eligible projects, the proper approval will be obtained by CalRecycle beforehand. 7 Packet Pg. 37
Regular Meeting
05/20/24 05:30 PM
Environmental Services
Jessica Reed
Grant
Doc ID: 5588

COUNCIL AGENDA ITEM
In order to begin incurring costs, the City Council is being asked to approve the acceptance of the grant terms and conditions, direct staff to appropriate the funds in the FY 24-25 budget, and proceed with projects as approved by CalRecycle.

FISCAL IMPACT:

None. This grant is prefunded and all expenditures will be charged against the designated grant account.

RECOMMENDED ACTION:

Approve the acceptance of the FY 22-23 SB 1383 Local Assistance Grant and direct staff to complete the related budget appropriation, allocate the total award of $75,000.00 to Account 218.218.218.07.752, and carry out projects as approved by CalRecycle.
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CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 1 Exhibit A
Terms and Conditions
SB 1383 Local Assistance Grant Program
Fiscal Year 2022–23
The following terms used in this Grant Agreement (Agreement) have the meanings given to them below, unless the context clearly indicates otherwise:
• "CalRecycle" means the Department of Resources Recycling and Recovery. • "Director" means the Director of CalRecycle or his or her designee. • "Grant Agreement" and "Agreement" means all documents comprising the agreement between CalRecycle and the grantee for this grant. • "Grant Manager" means CalRecycle staff person responsible for monitoring the grant.
• "Grantee" means the recipient of funds pursuant to this Agreement. • "Program" means the SB 1383 Local Assistance Grant Program. • "State" means the State of California, including, but not limited to, CalRecycle and/or its designated officer.

Air or Water Pollution Violation
The grantee shall not be:
(a) In violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district. (b) Out of compliance with any final cease and desist order issued pursuant to Water Code Section 13301 for violation of waste discharge requirements or discharge prohibitions.
(c) Finally determined to be in violation of provisions of federal law relating to air or water pollution.

Amendment
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

Americans with Disabilities Act
The grantee assures the state that it complies with the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C.§ 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

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Attachment: 2023Sep14TermsConditions (5588 : Acceptance of the FY 22-23 SB 1383 Local Assistance Grant and Budget Appropriation for FY CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 2 Assignment, Successors, and Assigns
(a) This Agreement may not be assigned by the grantee, either in whole or in part, without CalRecycle’s prior written consent.
(b) The provisions of this Agreement shall be binding upon and inure to the benefit of CalRecycle, the grantee, and their respective successors and assigns.

Audit/Records Access
The grantee agrees that CalRecycle, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment date or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The grantee agrees to allow the designated representative(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the grantee agrees to include a similar right of the State to audit records and interview staff in any contract or subcontract related to performance of this Agreement.
[It may be helpful to share the Terms and Conditions (Exhibit A) and Procedures and Requirements (Exhibit B) with your finance department, contractors and subcontractors.

Examples of audit documentation include, but are not limited to: expenditure ledger, payroll register entries and time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts, change orders, invoices, and/or cancelled checks.]
Authorized Representative
The grantee shall continuously maintain a representative vested with signature authority authorized to work with CalRecycle on all grant-related issues. The grantee shall, at all times, keep the Grant Manager informed as to the identity and contact information of the authorized representative.

Availability of Funds
CalRecycle's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for this grant.

Bankruptcy/Declaration of Fiscal Emergency Notification If the grantee files for protection under Chapter 9 of the U.S. Bankruptcy Code (11 U.S.C. §901 et seq.) or declares a fiscal emergency at any time during the Grant Term, the grantee shall notify CalRecycle within 15 days of such filing or declaration, pursuant to the procedures set forth in the section entitled “Communications” herein.

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Attachment: 2023Sep14TermsConditions (5588 : Acceptance of the FY 22-23 SB 1383 Local Assistance Grant and Budget Appropriation for FY CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 3 Charter Cities
If the grantee is a charter city, a joint powers authority that includes one or more charter cities, or the regional lead for a regional program containing one or more charter cities, the grantee shall not receive any grant funding if such funding is prohibited by Labor Code section 1782. If it is determined that Labor Code section 1782 prohibits funding for the grant project, this Agreement will be terminated and any disbursed grant funds shall be returned to CalRecycle.

Child Support Compliance Act
For any agreement in excess of $100,000, the grantee acknowledges that:
(a) The grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code Section 5200 et seq.
(b) The grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees, and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

Communications
All communications from the grantee to CalRecycle shall be directed to the Grant Manager. All notices, including reports and payment requests, required by this Agreement shall be given in writing by email, letter, or fax to the Grant Manager as identified in the Procedures and Requirements (Exhibit B). If an original document is required, prepaid mail or personal delivery to the Grant Manager is required following the email or fax.

Compliance
The grantee shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits. The grantee shall provide evidence, upon request, that all local, state, and/or federal permits, licenses, registrations, and approvals have been secured for the purposes for which grant funds are to be expended. The grantee shall maintain compliance with such requirements throughout the Grant Term. The grantee shall ensure that the requirements of the California Environmental Quality Act are met for any approvals or other requirements necessary to carry out the terms of this Agreement. The grantee shall ensure that all of grantee’s contractors and subcontractors have all local, state, and/or federal permits, licenses, registrations, certifications, and approvals required to perform the work for which they are hired. Any deviation from the requirements of this section shall result in nonpayment of grant funds.

Conflict of Interest
The grantee needs to be aware of the following provisions regarding current or former state employees. If the grantee has any questions on the status of any person

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Attachment: 2023Sep14TermsConditions (5588 : Acceptance of the FY 22-23 SB 1383 Local Assistance Grant and Budget Appropriation for FY CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 4 rendering services or involved with this Agreement, CalRecycle must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code, § 10410):
(a) No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regular state employment. (b) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code, § 10411):
(a) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
(b) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the twelve month period prior to his or her leaving state service.

If the grantee violates any provisions of above paragraphs, such action by the grantee shall render this Agreement void. (Pub. Contract Code, § 10420).

Contractors/Subcontractors
The grantee will be entitled to make use of its own staff and such contractors and subcontractors as are mutually acceptable to the grantee and CalRecycle. Any change in contractors or subcontractors must be mutually acceptable to the parties.

Immediately upon termination of any such contract or subcontract, the grantee shall notify the Grant Manager.

Nothing contained in this Agreement or otherwise, shall create any contractual relation between CalRecycle and any contractors or subcontractors of grantee, and no agreement with contractors or subcontractors shall relieve the grantee of its responsibilities and obligations hereunder. The grantee agrees to be as fully responsible to CalRecycle for the acts and omissions of its contractors and subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the grantee. The grantee's obligation to pay its contractors and subcontractors is an independent obligation from CalRecycle’s obligation to make payments to the grantee. As a result, CalRecycle shall have no obligation to pay or to enforce the payment of any moneys to any contractor or subcontractor.

Copyrights
Grantee retains title to any copyrights or copyrightable material produced pursuant to this Agreement. grantee hereby grants to CalRecycle a royalty-free, nonexclusive,

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Attachment: 2023Sep14TermsConditions (5588 : Acceptance of the FY 22-23 SB 1383 Local Assistance Grant and Budget Appropriation for FY CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 5 transferable, world-wide license to reproduce, translate, and distribute copies of any and all copyrightable materials produced pursuant this Agreement, for nonprofit, noncommercial purposes, and to have or permit others to do so on CalRecycle’s behalf.

Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to CalRecycle pursuant to this section.

Corporation Qualified to do Business in California
When work under this Agreement is to be performed in California by a corporation, the corporation shall be in good standing and currently qualified to do business in the State. "Doing business" is defined in Revenue and Taxation Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.

Discharge of Grant Obligations
The grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by CalRecycle. If the grantee is a non-profit entity, the grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to CalRecycle.

Disclaimer of Warranty
CalRecycle makes no warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, regarding the materials, equipment, services or products purchased, used, obtained and/or produced with funds awarded under this Agreement, whether such materials, equipment, services or products are purchased, used, obtained and/or produced alone or in combination with other materials, equipment, services or products. No CalRecycle employees or agents have any right or authority to make any other representation, warranty or promise with respect to any materials, equipment, services or products, purchased, used, obtained, or produced with grant funds. In no event shall CalRecycle be liable for special, incidental or consequential damages arising from the use, sale or distribution of any materials, equipment, services or products purchased or produced with grant funds awarded under this Agreement.

Discretionary Termination
The Director shall have the right to terminate this Agreement at his or her sole discretion at any time upon 30 days written notice to the grantee. Within 45 days of receipt of written notice, grantee is required to:
(a) Submit a final written report describing all work performed by the grantee. (b) Submit an accounting of all grant funds expended up to and including the date of termination.
(c) Reimburse CalRecycle for any unspent funds.

Disputes
In the event of a dispute regarding performance under this Agreement or interpretation of requirements contained therein, the grantee may, in addition to any other remedies

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Attachment: 2023Sep14TermsConditions (5588 : Acceptance of the FY 22-23 SB 1383 Local Assistance Grant and Budget Appropriation for FY CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 6 that may be available, provide written notice of the particulars of such dispute to the Branch Chief of Financial Resources Management Branch, Department of Resources Recycling and Recovery, PO Box 4025, Sacramento, CA 95812-4025. Such written notice must contain the grant number.

Unless otherwise instructed by the Grant Manager, the grantee shall continue with its responsibilities under this Agreement during any dispute.

Drug-Free Workplace Certification
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California, that the grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and will provide a drug-free workplace by taking the following actions:
(a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions that will be taken against employees for violations. (b) Establish a drug-free awareness program to inform employees about all of the following:
(1) The dangers of drug abuse in the workplace.
(2) The grantee's policy of maintaining a drug-free workplace. (3) Any available counseling, rehabilitation, and employee assistance programs. (4) Penalties that may be imposed upon employees for drug abuse violations. (c) Require that each employee who works on the grant:
(1) Receive a copy of the drug-free policy statement of the grantee. (2) Agrees to abide by the terms of such statement as a condition of employment on the grant.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future State agreements if CalRecycle determines that the grantee has made a false certification, or violated the certification by failing to carry out the requirements as noted above.

Effectiveness of Agreement
This Agreement is of no force or effect until signed by both parties.

Entire Agreement
This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

Environmental Justice
In the performance of this Agreement, the grantee shall conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state.

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Attachment: 2023Sep14TermsConditions (5588 : Acceptance of the FY 22-23 SB 1383 Local Assistance Grant and Budget Appropriation for FY CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 7 Failure to Perform as Required by this Agreement
CalRecycle will benefit from the grantee's full compliance with the terms of this Agreement only by the grantee's:
(a) Investigation and/or application of technologies, processes, and devices which support reduction, reuse, and/or recycling of wastes.
(b) Cleanup of the environment.
(c) Enforcement of solid waste statutes and regulations, as applicable.

Therefore, the grantee shall be in compliance with this Agreement only if the work it performs results in:
(a) Application of information, a process, usable data or a product which can be used to aid in reduction, reuse, and/or recycling of waste.
(b) The cleanup of the environment.
(c) The enforcement of solid waste statutes and regulations, as applicable.

If the Grant Manager determines that the grantee has not complied with the Grant Agreement, the grantee may forfeit the right to reimbursement of any grant funds not already paid by CalRecycle, including, but not limited to, the 10 percent withhold.

In addition to forfeiture of grant funds, failure to perform as required by this Agreement may impact Grantee’s eligibility for future grants offered by CalRecycle.

Force Majeure
Neither CalRecycle nor the grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by CalRecycle or the grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

Forfeit of Grant Funds/Repayment of Funds Improperly
Expended
If grant funds are not expended, or have not been expended, in accordance with this Agreement, or if real or personal property acquired with grant funds is not being used, or has not been used, for grant purposes in accordance with this Agreement, the Director, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the 10 percent withhold, and/or to repay to CalRecycle any funds improperly expended.

Generally Accepted Accounting Principles
The grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

Grant Manager
The Grant Manager’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to CalRecycle pursuant to this Agreement. The Grant Manager may monitor grantee performance to

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Attachment: 2023Sep14TermsConditions (5588 : Acceptance of the FY 22-23 SB 1383 Local Assistance Grant and Budget Appropriation for FY CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 8 ensure that the grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Manager does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements (Exhibit B), unless such authority is expressly stated in the Procedures and Requirements (Exhibit B).

Grantee Accountability
The grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to CalRecycle, the grantee is responsible for repayment of the funds to CalRecycle.

Grantee's Indemnification and Defense of the State
The grantee agrees to indemnify, defend and save harmless the state and CalRecycle, and their officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the grantee as a result of the performance of this Agreement.

Grantee's Name Change
A written amendment is required to change the grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change, CalRecycle will process the amendment. Payment of Payment Requests presented with a new name cannot be paid prior to approval of the amendment.

In Case of Emergency
In the event of an emergency, or where there is an imminent threat to public health and safety or the environment, the grantee may choose, at its own risk, to incur granteligible expenses not previously included in the approved Budget, subject to subsequent approval by the Grant Manager of both the Budget change and the need to implement the Budget change on an emergency basis. The grantee shall notify the Grant Manager of the emergency and the Budget change at the earliest possible opportunity. CalRecycle reserves the right to accept or reject the grantee’s determination that the circumstances constituted an emergency or a threat to public health and safety or the environment. If the Grant Manager determines that the circumstances did not constitute an emergency or a threat to public health or safety, the Budget change will be disallowed.

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Attachment: 2023Sep14TermsConditions (5588 : Acceptance of the FY 22-23 SB 1383 Local Assistance Grant and Budget Appropriation for FY CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 9 Limited Waiver of Sovereign Immunity and Consent to
Jurisdiction
The Grantee expressly and irrevocably waives sovereign immunity (and any defenses based thereon) in favor of CalRecycle, but not as to any other person or entity, as to any dispute which specifically arises under this Agreement and not as to any other action, matters or disputes.

The Grantee does not waive its sovereign immunity with respect to (i) actions by third parties, except for parties acting on behalf of, under authorization from the Grantee or CalRecycle, or (ii) disputes between the Grantee and CalRecycle which do not specifically arise under this Agreement. The Grantee further agrees that exhaustion of tribal administrative remedies, including before any tribal court, shall not be required prior to proceeding to filing a complaint in the appropriate court of law; and The Grantee and CalRecycle agree that any monetary damages awarded or arising under this Agreement shall be exclusively limited to actual direct damages incurred based on obligations contained in this Agreement that have been demonstrated with substantial certainty and which do not, in any event, exceed the total amount of the award under this Agreement. The Grantee and CalRecycle agree not to assert any claim for damages, injunctive, or other relief which is not consistent with the provisions of this Agreement; and
The Grantee and CalRecycle may seek, and the Grantee may seek after it has exhausted any available remedy through the Government Claims Program and the Program so approves, judicial review for breach of contract in the State Superior Court for Sacramento County, including any appellate proceedings. The Grantee and CalRecycle expressly consent to the jurisdiction of such Court, provided that:
(a) No person or entity other than the Grantee and CalRecycle is a party to the action, unless failure to join a third party would deprive the court of jurisdiction; provided, however, that nothing herein shall be construed to constitute a waiver of the sovereign immunity of the Grantee or CalRecycle in respect to any such third party. (b) The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced like any other judgment of the court in which it is entered.

Nothing in this Agreement shall be construed to constitute a waiver of the sovereign immunity of the Grantee with respect to intervention by any additional party not deemed an indispensable party to the proceeding. Unless otherwise agreed by the Grantee and CalRecycle, any dispute resolution meetings or communications, or mediation, shall be in the context of a settlement discussion to potential litigation and remain confidential to the extent not prohibited by applicable law.

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Attachment: 2023Sep14TermsConditions (5588 : Acceptance of the FY 22-23 SB 1383 Local Assistance Grant and Budget Appropriation for FY CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 10 No Agency Relationship Created/Independent Capacity
The grantee and the agents and employees of grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of CalRecycle.

No Waiver of Rights
CalRecycle shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by CalRecycle. No delay or omission on the part of CalRecycle in exercising any rights shall operate as a waiver of such right or any other right. A waiver by CalRecycle of a provision of this Agreement shall not prejudice or constitute a waiver of CalRecycle’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by CalRecycle, nor any course of dealing between CalRecycle and grantee, shall constitute a waiver of any of CalRecycle’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of CalRecycle is required under this Agreement, the granting of such consent by CalRecycle in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of CalRecycle.

Non-Discrimination Clause
(a) During the performance of this Agreement, grantee and its contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment on the bases enumerated in Government Code Section 12900 et seq.
(b) The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California that the grantee has, unless exempted, complied with the nondiscrimination program requirements (Gov. Code, § 12990, subd. (a-f) and California Code of Regulations, Title 2, Section 8103). (Not applicable to public entities.)
Order of Precedence
The performance of this grant shall be conducted in accordance with the Terms and Conditions (Exhibit A), Procedures and Requirements (Exhibit B), Project Summary/Statement of Use, Work Plan, and Budget of this Agreement, or other combination of Exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”). Grantee’s CalRecycle-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
(a) Grant Agreement Coversheet and any Amendments thereto (b) Terms and Conditions
(c) Procedures and Requirements
(d) Project Summary/Statement of Use
(e) Budget
(f) Work Plan
(g) Grantee’s Application
(h) All other attachments hereto, including any that are incorporated by reference.

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Attachment: 2023Sep14TermsConditions (5588 : Acceptance of the FY 22-23 SB 1383 Local Assistance Grant and Budget Appropriation for FY CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 11 Ownership of Drawings, Plans and Specifications
The grantee shall, at the request of CalRecycle or as specifically directed in the Procedures and Requirements (Exhibit B), provide CalRecycle with copies of any data, drawings, design plans, specifications, photographs, negatives, audio and video productions, films, recordings, reports, findings, recommendations, and memoranda of every description or any part thereof, prepared under this Agreement. Grantee hereby grants to CalRecycle a royalty-free, nonexclusive, transferable, world-wide license to reproduce, translate, and distribute copies of any and all such materials produced pursuant to this Agreement, for nonprofit, non-commercial purposes, and to have or permit others to do so on CalRecycle’s behalf.

Payment
(a) The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Work Plan, if applicable, which is attached hereto and incorporated herein by this reference. CalRecycle shall reimburse the grantee for only the work and tasks specified in the Work Plan or the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement. (b) The grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget, and shall obtain the Grant Manager’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application or the approved Budget prior to performing the changed work or incurring the changed cost. If the grantee fails to obtain such prior written approval, the Director, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. (c) The grantee shall request reimbursement in accordance with the procedures described in the Procedures and Requirements (Exhibit B). (d) Ten percent will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld pursuant to CalRecycle’s 10 percent) retention policy. (e) Lodgings, Meals and Incidentals: Grantee’s Per Diem eligible costs are limited to the amounts authorized in the California State Administrative Manual (contact the Grant Manager for more information).
(f) Payment will be made only to the grantee.
(g) Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements (Exhibit B).

Personnel Costs
If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel expenditures to be reimbursed with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for his or her regular job duties, including a proportionate

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Attachment: 2023Sep14TermsConditions (5588 : Acceptance of the FY 22-23 SB 1383 Local Assistance Grant and Budget Appropriation for FY CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 12 share of any benefits to which the employee is entitled, unless otherwise specified in the Procedures and Requirements (Exhibit B).

Real and Personal Property Acquired with Grant Funds
(a) All real and personal property, including equipment and supplies, acquired with grant funds shall be used by the grantee only for the purposes for which CalRecycle approved their acquisition for so long as such property is needed for such purposes, regardless of whether the grantee continues to receive grant funds from CalRecycle for such purposes. In no event shall the length of time during which such property, including equipment and supplies, acquired with grant funds, is used for the purpose for which CalRecycle approved its acquisition be less than five (5) years after the end of the grant term, during which time the property, including equipment and supplies, must remain in the State of California.
(b) Subject to the obligations and conditions set forth in this section, title to all real and personal property acquired with grant funds, including all equipment and supplies, shall vest upon acquisition in the grantee. The grantee may be required to execute all documents required to provide CalRecycle with a security interest in any real or personal property, including equipment and supplies, and it shall be a condition of receiving this grant that CalRecycle shall be in first priority position with respect to the security interest on any such property acquired with the grant funds, unless preapproved in writing by the Grant Manager that CalRecycle will accept a lower priority position with respect to the security interest on the property. Grantee shall inform any lender(s) from whom it is acquiring additional funding to complete the property purchase of this grant condition.
(c) The grantee may not transfer Title to any real or personal property, including equipment and supplies, acquired with grant funds to any other entity without the express authorization of CalRecycle. Grantee’s violation of this provision shall result in Grantee’s reimbursement to CalRecycle of the amount of grant funds used to purchase said equipment and supplies.
(d) CalRecycle will not reimburse the grantee for the acquisition of equipment that was previously purchased with CalRecycle grant funds, unless the acquisition of such equipment with grant funds is pre-approved in writing by the Grant Manager. In the event of a question concerning the eligibility of equipment for grant funding, the burden will be on the grantee to establish the pedigree of the equipment.

Reasonable Costs
A cost is reasonable if, in its nature or amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. Consideration will be given to:
(a) Whether the cost is of a type generally recognized as ordinary and necessary for the performance of the grant.
(b) The restraints or requirements imposed by such factors as generally accepted sound business practices, arms-length bargaining, federal and state laws and regulations, and the terms and conditions of this Agreement.
(c) Whether the individuals concerned acted with prudence in the circumstances, considering their responsibilities to the organization, its members, employees, clients, and the public at large.

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Attachment: 2023Sep14TermsConditions (5588 : Acceptance of the FY 22-23 SB 1383 Local Assistance Grant and Budget Appropriation for FY CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 13 (d) Significant deviations from the established practices of the organization which may unjustifiably increase the grant costs.

Recycled-Content Paper
All documents submitted by the grantee must be printed double-sided on recycledcontent paper containing 100 percent post-consumer fiber. Specific pages containing full color photographs or other ink-intensive graphics may be printed on photographic paper.

Reduction of Waste
In the performance of this Agreement, grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

Reduction of Waste Tires
Unless otherwise provided for in this Agreement, in the performance of this Agreement, for all purchases made with grant funds, including, but not limited to equipment and tirederived feedstock, the grantee shall purchase and/or process only California waste tires and California waste tire-derived products. As a condition of final payment under this Agreement, the grantee must provide documentation substantiating the source of the tire materials used during the performance of this Agreement to the Grant Manager.

Reimbursement Limitations
Under no circumstances shall the grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other CalRecycle funded program.

All costs charged against the Agreement shall be net of all applicable credits. The term “applicable credits” refers to those receipts or reductions of expenditures that operate to offset or reduce expense items that are reimbursable under this Agreement. Applicable credits may include, but are not necessarily limited to, rebates or allowances, discounts, credits toward subsequent purchases, and refunds. Grantee shall, where possible, deduct the amount of the credit from the amount billed as reimbursement for the cost, or shall deduct the amount of the credit from the total billed under a future invoice.

Reliable Contractor Declaration
Prior to authorizing any contractor or subcontractor to commence work under this Grant, the grantee shall submit to CalRecycle a Reliable Contractor Declaration (CalRecycle 168) from the contractor or subcontractor, signed under penalty of perjury, disclosing whether of any of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources (https://www.calrecycle.ca.gov/laws/regulations/title14), Division 7, has occurred with respect to the contractor or subcontractor within the

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Attachment: 2023Sep14TermsConditions (5588 : Acceptance of the FY 22-23 SB 1383 Local Assistance Grant and Budget Appropriation for FY CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 14 preceding three (3) years. If a contractor is placed on CalRecycle’s Unreliable List after award of this Grant, the grantee may be required to terminate that contract.

Remedies
Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not in limitation of, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy.

Self-Dealing and Arm’s Length Transactions
All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s-length transactions and not the result of, or motivated by, self-dealing on the part of the grantee or any employee or agent of the grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

Severability
If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement without affecting any other provision of this Agreement. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms.

Site Access
The grantee shall allow the state to access sites at which grant funds are expended and related work being performed at any time during the performance of the work and for ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved.

Stop Work Notice
Immediately upon receipt of a written notice from the Grant Manager to stop work, the grantee shall cease all work under this Agreement.

Termination for Cause
CalRecycle may terminate this Agreement and be relieved of any payments should the grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, CalRecycle may proceed with the work in any manner deemed proper by CalRecycle. All costs to CalRecycle shall be deducted from any sum due the grantee under this Agreement. Termination pursuant to

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Time is of the Essence
Time is of the essence to this Agreement.

Tolling of Statute of Limitations
The statute of limitations for bringing any action, administrative or civil, to enforce the terms of this Agreement or to recover any amounts determined to be owing to CalRecycle as the result of any audit of the grant covered by this Agreement shall be tolled during the period of any audit resolution, including any appeals by the grantee to the Director.

Union Organizing
By signing this Agreement, the grantee hereby acknowledges the applicability of Government Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and hereby certifies that:
(a) No grant funds disbursed by this grant will be used to assist, promote, or deter union organizing by employees performing work under this Agreement. (B) If the grantee makes expenditures to assist, promote, or deter union organizing, the grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that grantee shall provide those records to the Attorney General upon request.

Venue/Choice of Law
(a) All proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder shall be held in Sacramento County, California. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California. (b) The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder.

Waiver of Claims and Recourse against the State
The grantee agrees to waive all claims and recourse against the state, its officials, officers, agents, employees, and servants, including, but not limited to, the right to contribution for loss or damage to persons or property arising out of, resulting from, or in any way connected with or incident to this Agreement. This waiver extends to any loss incurred attributable to any activity undertaken or omitted pursuant to this Agreement or any product, structure, or condition created pursuant to, or as a result of, this Agreement.

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Grantee shall provide CalRecycle with copies of all final products identified in the Work Plan. Grantee shall also provide CalRecycle with copies of all public education and advertising material produced pursuant to this Agreement.

Workers’ Compensation/Labor Code
The grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.

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Attachment: 2023Sep14TermsConditions (5588 : Acceptance of the FY 22-23 SB 1383 Local Assistance Grant and Budget Appropriation for FY Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2022–23) 1
September 2023
Department of Resources Recycling and Recovery
Exhibit B
Procedures and Requirements SB 1383
Local Assistance Grant Program
Fiscal Year 2022–23
Copies of these Procedures and Requirements must be shared with both the Finance Department and the staff responsible for implementing the grant activities.

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Table of Contents
Introduction ................................................................................................................... 3 Milestones...................................................................................................................... 3 Grants Management System (GMS)............................................................................. 3 Accessing the Grant .................................................................................................... 3 Contact Updates.......................................................................................................... 4 Prior to Commencing Work.......................................................................................... 5 Reliable Contractor Declaration................................................................................... 5 Grant Term..................................................................................................................... 6 Eligible Costs............................................................................................................... 6 Ineligible Costs ............................................................................................................ 7 Modifications................................................................................................................ 8 Acknowledgements...................................................................................................... 8 Reporting Requirements.............................................................................................. 9 Electronic and Original Signatures............................................................................. 10 Progress Report......................................................................................................... 10 Final Report ............................................................................................................... 10 Grant Payment Information........................................................................................ 10 Reporting and Documentation ............................................................................... 11 Audit Considerations.................................................................................................. 13

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SB 1383 Local Assistance Grant Program (FY 2022–23) 3
Introduction
The Department of Resources Recycling and Recovery (CalRecycle) administers the SB 1383 Local Assistance Grant Program. These Procedures and Requirements describe project and reporting requirements, report due dates, report contents, grant payment conditions, eligible and ineligible project costs, project completion and closeout procedures, and records and audit requirements.

In a Regional Grant, the term “grantee” used throughout this document refers to the Lead Participant (Lead). The Lead is designated to act on behalf of all Non-Lead Participant(s). The Lead manages the grant, is responsible for the performance of the grant and all required documentation and administers the grant funds to its Non-Lead Participants on its behalf.

This document is attached to, and incorporated by reference, into the Grant Agreement.

Milestones
Notice to Proceed Date: Grant Term Begins on the date that CalRecycle sends the award email.

October 1, 2024: Progress Report 1 Due
April 1, 2025: Progress Report 2 Due
October 1, 2025: Progress Report 3 Due
April 1, 2026: Final Report Due
April 1, 2026: Grant Term End
Grants Management System (GMS)
GMS is CalRecycle’s web-based grant application and Grants Management System.

Access to GMS is secure; grantees must log in using a WebPass. WebPass accounts are tied to a specific email address. If an email address changes, or if it becomes inactive, the grantee must create a new WebPass account to continue accessing GMS.

Establish or manage a WebPass at CalRecycle’s WebPass page (https://secure.calrecycle.ca.gov/WebPass/).

Accessing the Grant
Grantees must log in to GMS (https://secure.calrecycle.ca.gov/Grants) using their web pass. After logging in, locate the grant in the My Awarded/Open Grants table and select the Grant Management link. The Grant Management Module includes the following sections:
• Summary tab: Shows approved budget, paid and remaining amounts. (This section is available to the grantee in read-only mode.) • Payment Request tab: Grantee requests reimbursement.
• Reports tab: Grantee uploads required reports.

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• Documents tab: Grantee uploads all other grant documents that are not supporting documents to a payment request or a report. This section also provides access to documents that were uploaded within other sections of GMS.

Follow the instructions in GMS to work in the system. The following sections describe the reports, transactions, and supporting documents CalRecycle requires.

Contact Updates
Access to the grant is limited to those listed in the Contacts tab of the Application Module with the “Allow Access” check box marked. A contact may be listed but not granted access by not checking the box. Please note, if a contact is granted access to a grant they will be able to edit contacts, submit payment requests, upload reports, and view all documents. Those with access may update contact information for all contact types except Signature Authority. Email the assigned Grant Manager regarding any changes to Signature Authority information.

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Prior to Commencing Work
Prior to commencing work under this grant, the grantee’s Grant Manager or primary contact and authorized grant Signature Authority should review the Terms and Conditions (Exhibit A) and the Procedures and Requirements (Exhibit B) to identify key grant administrative requirements. Evaluation of the grantee’s compliance with these requirements is a major focus of grant audits.

Reliable Contractor Declaration
Prior to authorizing a contractor or subcontractor to commence work under this grant, the grantee shall submit to the Grant Manager a declaration from the contractor or subcontractor, signed under penalty of perjury, stating that within the preceding three (3) years, none of the events listed in section 17050 of Title 14 (https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the contractor or subcontractor. The grantee must submit this form for each contractor and subcontractor working under the grant.

If a contractor or subcontractor is placed on the CalRecycle Unreliable Contractor List (https://www.calrecycle.ca.gov/Funding/Unreliability/) after award of this grant, the grantee may be required to terminate the contract. Obtain the Reliable Contractor Declaration form (CalRecycle 168) from CalRecycle's Grant Forms web page (https://www.calrecycle.ca.gov/Funding/Forms/).

The grantee must upload a scanned copy of each signed Reliable Contractor Declaration form in GMS. To upload the form:

1. Go to the Reports tab.

2. Click on Reliable Contractor Declaration under Report Type.

3. Click the Add Document button.

4. Select Reliable Contractor Declaration in the Document Type drop down box, enter a document title, click the Browse button to search and upload the document, and then Save.

5. Click on the Submit Report button.

For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).

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Grant Term
The Grant Term begins on the date CalRecycle sends the award email, which is the formal notification from CalRecycle authorizing the grantee to begin the grant project and ends on April 1, 2026. The grantee must make all grant-eligible program expenditures and incur all grant-eligible costs within this period. Expenditures made or costs incurred prior to the grant term start date or after the end date are not eligible for reimbursement.

The Final Report is due on April 1, 2026.

Eligible Costs Grantees may incur eligible costs only during the Grant Term, which starts on the date CalRecycle sends the award email and ends on April 1, 2026. (All grant expenditures must be for activities, products, and costs specifically included in the approved Budget.

Costs must be incurred after the term start date and before the end of the Grant Term All services must be provided, and goods received during this period in order to be eligible costs. Invoices for goods and services must be paid by the grantee prior to the inclusion of those goods or services in the progress report.

Eligible costs are limited to the following:
• Personnel
• Consultants
• Safety Equipment
• Vehicles/Trucks/Trailers
o Vehicles/tractors/trailers, turf tires, forklifts or compost slingers Note: The Grantee needs to own and control all items if they do not have a service agreement with a food recovery facility/hub, however the Grantee may allow a food recovery facility/hub to use the vehicle for grant implementation purposes.
• Mobile pantries
• Education and Outreach materials
o Print Media
o Television, radio, video, and social media
o Materials offered in other languages
• Door-to-Door Outreach
• Signage
• Conferences and symposiums (requires Grant Manager pre-approval) • Recordkeeping or tracking software
o Software to match donor with food bank
o Recordkeeping/reporting software
o Procurement tracking software
o Apps for food recovery
o Mobile app development
• Inspections and Enforcement
• Training
o Mileage
o Educational materials

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• Tablet/Electronic Devices (seven inches or more measured diagonally) used for the purposed of organic tracking and Education and Outreach o Maximum price of $500 (excluding sales tax) and limit to one (exceptions may be approved on a case-by-case basis)
o Accessories used for security, protection, and charging • Equipment
o Food dehydrator
o Personal protection equipment
o Food distribution – including refrigeration, coolers, and packing materials.

Note: The Grantee needs to own and control all items if they do not have a service agreement with a food recovery facility/hub, however the Grantee may allow a food recovery facility/hub to use the vehicle for grant implementation purposes.
• Bins and lids
o Includes, but is not limited to, curbside, small household food waste pail, labeling, and liners
• Procurement of recovered/recycled organic products
• Food safety certification
• Cameras to prevent contamination
• Edible Food Recovery projects
o Grantees are encouraged to use a percentage of grant funds for Edible Food Recovery projects.
• Food Waste Prevention projects
o Projects that prevent food waste from being generated and becoming waste that is normally destined for landfills. Examples of food waste prevention projects include, but are not limited to:
 Modernizing production and handling practices to prevent and reduce food preparation waste.
 Identifying and modifying ordering practices that result in measurable decreases in food waste.
 Creating and expanding education and outreach programs that result in quantifiable reductions in food waste.

Ineligible Costs
Any costs not directly related to SB 1383 implementation are ineligible for reimbursement. The grantee should contact the Grant Manager if clarification is needed. Ineligible costs include, but are not limited to:
• Costs incurred prior to the Term Start Date
• Development, purchase, or distribution of strictly promotional give-away items Stuff We All Get, (SWAG) (https://calrecycle.ca.gov/funding/acronyms/swag/) • Purchase or lease of land or buildings
• Equipment or services not directly related to grant implementation • Food liquefiers
• Food recovery facility rent (without service agreement) • Disposal costs
• Costs currently covered by or incurred under any other CalRecycle loan, grant, or contract
• Cell phones

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o Purchase of data plans and/or mobile service plans/hotspots • Costs related to website host and web page domain
• Audit expenses
• Sponsorship or licensing fees for events/programs
• Food or beverages (e.g., as part of meetings, workshops, or events) • Travel costs exceeding the state-approved rates for mileage, per diem, lodging, etc.
o Refer to the Memorandum for travel policies
(https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx). o Reimbursement rates are subject to change at any time by the State of California without prior notification.
• Personnel costs not directly related to grant activities • Fines or penalties due to violation of federal, state, or local laws, ordinances, or regulations
• Any costs for construction projects by charter cities prohibited by Labor Code section 1782.
• Any costs not consistent with local, state, or federal laws, guidelines, and regulations
• Costs deemed unreasonable or not related to the project by the Grant Manager • The total amount of indirect costs charged to the grant shall not exceed 10 percent of the grant funds reimbursed. These costs are expenditures not capable of being assigned or not readily itemized to a particular project or activity but considered necessary for the operation of the organization and the performance of the program. The costs of operating and maintaining facilities, accounting services, and administrative salaries as well as contractor’s indirect costs in their contracts, are examples of indirect costs. All indirect costs charged to the grant must be associated with grant activities.

Modifications
The grantee must submit any proposed revision(s) to the Budget in writing to the Grant Manager. The grantee may not incur costs or make expenditures based on the revision without first receiving the Grant Manager’s written approval. Proposed revisions must be clearly marked in the Budget document and must be accompanied by a summary of proposed changes or modifications, including justification for the proposed changes. If approved, the Grant Manager will upload the revised Budget to GMS and notify the grantee. The grantee may submit proposed revisions in conjunction with a Progress Report, but they cannot be submitted as part of the Progress Report. The grantee should retain the approval document(s) for audit purposes. See the “Audit Record/Access” section of the Terms and Conditions (Exhibit A).

Acknowledgements
The grantee shall acknowledge CalRecycle’s support each time a project funded, in whole or in part, by this Agreement is publicized in any medium, including news media, brochures, or other types of promotional materials. The acknowledgement of CalRecycle’s support must incorporate the CalRecycle logo. Initials or abbreviations for CalRecycle shall not be used. The Grant Manager may approve deviation from this requirement on a case-by-case basis where such deviation is consistent with CalRecycle’s Communication Strategy and Outreach Plan. Please contact your Grant Manager for the CalRecycle logo.

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The following items require acknowledgement of funding from CalRecycle and preapproval from the CalRecycle Grant Manager prior to incurring the expense:
• All television, radio and video scripts
• Functional premiums, if the per unit price is greater than $6.00 • Advertisements
• Audio and/or visual material
• Brochures
• Newspaper ads
• Pamphlets
• Other outreach
All publicity and education materials must include the following:

1. “Funded by a grant from CalRecycle.” Exception: The acknowledgement line is not required on small items where space constraints would not allow for this line or if it would interfere with the message.
o There are two acceptable Spanish translations: “Financiado por una beca del CalRecycle” or “Patrocinado por fondos del CalRecycle.” For other languages, the Grantee must work with a certified translator or person fluent in reading and writing that language. All exceptions must be preapproved in writing by the CalRecycle Grant Manager.

2. CalRecycle logo (https://www.calrecycle.ca.gov/gallery/) as reflected on the CalRecycle website, can be obtained from the Office of Public Affairs at [email protected].

3. Press Releases – the only requirement is to place the name of “CalRecycle” as an acknowledgement in the body of the release.

Reporting Requirements
The Grant Agreement requires three Progress Reports and a Final Report; however, the Grant Manager may require additional Progress Reports at any time during the Grant Term. Failure to submit the Final Report with appropriate documentation by the due date may result in rejection of the report and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

The grantee must upload all reports in GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).

To upload a report:

1. Go to the Reports tab.

2. Click on the appropriate Report Type.

3. Click on the Add Document button.

4. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save.
• Select the Back button to upload another document and continue the process until all required documents as listed below are uploaded. • The maximum allowable file size for each document is 35MB. • The maximum character limit is 60.
• Do not include special characters in file names.

5. Click the Submit Report button to complete your report submittal. The Submit Report button will not be enabled until all required reporting documents are uploaded.

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The reports must be current, include all required sections and documents, and must be approved by the Grant Manager before any Payment Request can be processed.

Failure to comply with the specified reporting requirements may be considered a breach of the Grant Agreement and may result in the termination of the Grant Agreement, rejection of the Payment Request, and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding. The grantee must report any problems or delays immediately to the Grant Manager.

Electronic and Original Signatures
CalRecycle requires certified e-Signature on documents or forms that certify legally binding information.

Note: E-signatures must include the first and last name of the Signature Authority, be in the Adobe Digital ID format (or through another certified digital signature program) and cannot be the “Fill and Sign” function within Adobe. Any documents using the “Fill and Sign” method is considered incomplete and may be sent back to the grantee.

If you have questions, email [email protected].

Progress Report
The grantee must submit a Progress Report by the due dates listed in the Milestones Section of this document. CalRecycle will provide the reporting template at a later date.

These reports should cover grant activities that occurred within the specified reporting period.

Final Report
The Final Report is due April 1, 2026. The reporting template will be provided at a later date. This report should cover grant activities from the Term Start Date through April 1, 2026. The grantee must include the following items in the Final Report:
• The Grant Number, grantee’s name, and Grant Term.
• The following disclaimer statement on the cover page:
“The statements and conclusions of this report are those of the grantee and not necessarily those of the Department of Resources Recycling and Recovery (CalRecycle), its employees, or the State of California. The state makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text.”
Grant Payment Information
• CalRecycle will only make grant payments to the grantee. It is the grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services. CalRecycle will make payments to the grantee as promptly as fiscal procedures permit.
• The grantee must provide a Reliable Contractor Declaration (CalRecycle 168) (https://www.calrecycle.ca.gov/Funding/forms/) signed under penalty of perjury by the grantee’s contractors and subcontractors in accordance with the “Reliable Contractor Declaration” section of the Terms and Conditions (Exhibit A). The declaration must be received and approved by the Grant Manager prior to

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commencement of work. See the “Reliable Contractor Declaration” section in Terms and Conditions (Exhibit A) for more information.

Reporting and Documentation
The grantee must submit all expenditures in GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).

Please refer to the “Milestones” section (above) for required due dates.

To submit Supporting Documentation:

1. Go to the Payment Request tab.

2. Click on the Create a Payment Request button.
a. Choose Advance Reconcile for the Transaction Type and enter the amount spent in each budget subcategory.
b. When the transaction is complete, click the Save button. c. After the transaction is saved, the Upload Supporting Documents button will appear in the lower right corner.

3. Click the Upload Supporting Documents button.
a. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save. b. Select the Back button to upload another document and continue this process until all required supporting documents as listed below are uploaded.
c. The maximum allowable file size for each document is 35MB. d. The maximum character limit is 60.

4. Do not include special characters in file names. Click the Submit Transaction button, located on the transaction page, to complete your payment request. The Submit Transaction button will not be enabled until all required supporting documents are uploaded.

Note: Once a transaction is saved, select the transaction number from the Payment Request tab to access it again. Please do not create multiple transactions for the same requested funds.

Supporting Documentation
• Expenditure Itemization Summary (EIS)
o All expenditures must be itemized and arranged by the reporting and expenditure categories as contained in the grantee’s Budget tab. o Grantees are required to maintain supporting documentation pertaining to the EIS and may be required to provide them at the request of the Grant Manager at any time.

Note: CalRecycle will provide a template at a later date. • Certification Document
o The Signature Authority will need to certify under penalty of perjury that information provided in the EIS is correct.

Note: CalRecycle will provide a template at a later date. • Personnel Expenditure Summary (PES) (CalRecycle 165)
o A Personnel Expenditure Summary should be submitted if salaries are included. Salaries include government taxes and benefits.

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o Document personnel expenditures based on actual time spent on grant activities and actual amounts paid to personnel.
• Travel Expense Log (CalRecycle 246)
o A Travel Expense Log should be submitted if vehicle mileage is included for reimbursement in the payment request. Only travel expenses directly related to the implementation of the grant can be claimed. Mileage will be reimbursed at the State rate.
• Cost and Payment Documentation
o Acceptable cost and payment documentation must include at least one of each of the following.
 Invoices, receipts, or purchase orders must include the vendor’s name and telephone number, address, description of goods or services purchased, amount due, and date. The claimed expenses should be highlighted and identified with applicable task number on each invoice.
o Proof of payment may include:
 copy of cancelled check(s) that shows an endorsement from the banking institution
 invoice(s) showing a zero balance, or stamped “paid” with a check number, date paid, and initials
 accounting system report from local government if it contains the vendor name, date of invoice, invoice number, check number or internal ID, and date amount was paid
 bank statement(s) along with a copy of the endorsed check or invoice showing the check number
 copy of an electronic funds transfer confirmation
 copy of a credit card statement(s)
o The Grant Manager may require additional cost and payment documentation as necessary to verify eligible costs.

Most forms listed above are available on the CalRecycle Grant Forms web page (https://www.calrecycle.ca.gov/Funding/Forms).

Unspent Funds
Funds that are unspent at the end of the grant term must be returned by check to CalRecycle by April 1, 2026. Checks should be made payable to the Department of Resources Recycling and Recovery. Checks must contain the Grant Number (i.e., OWR4-22-xxxx), specify “SB 1383 Local Assistance Grant Unspent Funds,” and be mailed to:

CalRecycle Accounting
SB 1383 Local Assistance Grant Unspent Funds
PO Box 4025
Sacramento, CA 95812-4025
Unspent funds due to CalRecycle but left unpaid may result in ineligibility for future grant and payment program funding. If there are questions or other issues related to expenditures, work with your Grant Manager to resolve these issues.

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Audit Considerations
The grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant subject to possible audit for a minimum of three (3) years after final payment date or Grant Term end date, whichever is later. CalRecycle may stipulate a longer period of records retention in order to complete any action and/or resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later.

Examples of audit documentation include, but are not limited to, competitive bids, grant amendments if any relating to the Budget or Work Plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices, and cancelled checks. Please refer to the Terms and Conditions (Exhibit A) for more information.

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Attachment: Procedures and Requirements - SB 1383 Local Assistance Grant (5588 : Acceptance of the FY 22-23 SB 1383 Local Assistance Regular Meeting
05/20/24 05:30 PM
Environmental Services
Jessica Reed
Grant
Doc ID: 5629

AGENDA ITEM
AGENDA MATTER:

ACCEPTANCE OF THE FY 23-24 BEVERAGE CONTAINER RECYCLING CITY/COUNTY PAYMENT

PROGRAM AWARD
EXECUTIVE SUMMARY:

The Department of Resources Recycling and Recovery (CalRecycle) provides this payment program for local jurisdictions to assist with beverage container recycling and litter reduction programs.

DISCUSSION:

Staff was informed of the successful FY 23-24 application and award recommendation to the City of Barstow in the amount of $6,591.00.

Eligible expenditures under this program include:
 Beverage Container Collection Programs
 Litter Clean-Up Activities
 Advertising/Promotional Material
 Recycling Education
 Personnel
The application and guidelines stipulate the terms and conditions of the payment program.

FISCAL IMPACT:

None. This payment program is prefunded and all expenditures will be charged against the designated grant account.

RECOMMENDED ACTION:

Approve the acceptance of the FY 23-24 Beverage Container Recycling City/County Payment Program Award, direct staff to complete the related budget appropriation, allocate the total award of $6,591.00 to Account 218.218.218.07.711, and carry out projects as approved by CalRecycle. 8 Packet Pg. 68
Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2023–24) 1 October 2023
Department of Resources Recycling and Recovery
Beverage Container Recycling
City/County Payment Program
Application Guidelines and Instructions
Fiscal Year 2023-24

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Beverage Container Recycling City/County Payment Program, (FY 2023–24) 2 Table of Contents
Table of Contents Cycle Overview...............................................................................2 Cycle Overview..............................................................................................................3 Timeline........................................................................................................................4 Eligible Applicants ........................................................................................................4 Individual Application....................................................................................................4 Regional Application.....................................................................................................4 Eligible Projects/Products.............................................................................................5 Available Funds ............................................................................................................5 Term .............................................................................................................................5 Eligible and Ineligible Costs..........................................................................................5 Public Records Requests .............................................................................................7 Confidentiality ...............................................................................................................7 Application Instructions................................................................................................9 Application Access .......................................................................................................9 Funding Request Contents and Instructions.................................................................9 Funding Request Tab ................................................................................................9 Contacts Tab ...........................................................................................................10 Addresses Tab ........................................................................................................10 Activities Tab ...........................................................................................................10 Documents Tab .......................................................................................................11 Application Submittal and Deadline ............................................................................11 Application Documents...............................................................................................12 Electronic and Original Signatures .............................................................................12 CalRecycle Documents ..............................................................................................12 Funding Request Certification ....................................................................................12 Applicant’s Required Authorization Documents..........................................................12 Individual Application Authorization Documents:.....................................................13 Regional Application Authorization Documents:......................................................13 Letter of Designation ...............................................................................................14 Funding Request Review and Award Process..........................................................16 Funding Request Review Process..............................................................................16 Funding Award Process..............................................................................................16 Award Conditions .......................................................................................................16 Program Administration..............................................................................................17 Reporting Process ......................................................................................................17 Payment Request Process .........................................................................................17 Records Retention and Audit Consideration...............................................................18 Termination for Cause ................................................................................................18 Indemnity....................................................................................................................19 Compliance.................................................................................................................19 How to Reach Us........................................................................................................19

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Beverage Container Recycling City/County Payment Program, (FY 2023–24) 3 Cycle Overview
Submittal of a Beverage Container Recycling City/County Payment Program (Program) Application constitutes acceptance of these Guidelines as the controlling requirements for receiving, spending, and accounting for funds and for reporting. The online Funding Request Application and the Guidelines shall constitute the Agreement.

The Department of Resources Recycling and Recovery (CalRecycle) offers the Beverage Container Recycling City County Payment Program pursuant to Public Resources Code (PRC) Section 14581 (a)(3)(A) of the California Beverage Container Recycling and Litter Reduction Act
(https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PRC&sec tionNum=14581). CalRecycle is distributing $10,500,000 in fiscal year (FY) 2023-24 to eligible cities and counties specifically for beverage container recycling and litter cleanup activities.

The purpose of the beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value beverage containers – aluminum, glass, plastic, and bi-metal. Projects implemented by cities and counties will assist in reaching and maintaining this goal.

These Guidelines describe the application and administrative processes to implement the Program. Recipients are responsible for and accountable for ensuring that expenditures are appropriate, and that recipients maintain proper internal supporting documentation. To ensure full compliance with the processes and requirements, recipients must adhere to these Guidelines and the provisions set out in PRC 14581 (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PRC&sec tionNum=14581) et al.

This resource document provides applicants with instructions to access and complete the application online and information about program administration. The web-based application is in CalRecycle’s City/County Annual Payment and Reporting System (CAPRS)
(https://secure.calrecycle.ca.gov/CAPRS/SignIn.aspx?ReturnUrl=%2fCAPRS%2f). The applicant will need to sign in to CAPRS to complete and submit an application.

Note: The following terms used in this document are defined below, unless the context clearly indicates otherwise:
• “Applicant” refers to either the legal name of the entity that is legally responsible for program administration and any entity that will receive and control program funded equipment, if awarded, or to a person who is completing an application on behalf of the Applicant (this is usually the primary contact listed on the application, but could also be the secondary contact, signature authority, or consultant).
• “You” refers to a person who is completing the application on behalf of the Applicant.

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Beverage Container Recycling City/County Payment Program, (FY 2023–24) 4 Timeline
October 19, 2023: Funding Request Open Date
January 17, 2024: Funding Request Due Date
• Applicants must submit funding request in CAPRS by 11:59 p.m. on this date. • Customer service will be available until 4:00 p.m. on this date.

April 2024 (tentative): Payment Awards and Beginning of Term (Request for Approval Date)
• CalRecycle considers funding recommendations, and if approved, conditionally awards projects during this month.
• Program Expenditures may start no earlier than the date of the award.

June – July 2024 (tentative): Payments Distributed
March 1, 2026: Term End Date
April 1, 2026: Reporting Due Date
Eligible Applicants
Eligible applicants include cities, counties, or cities and counties in California, as identified by the California Department of Finance, unless otherwise determined by CalRecycle.

California Labor Code section 1782 prohibits a charter city from receiving state funding or financial assistance for construction projects if that charter city does not comply with Labor Code sections 1770-1782. If any applicants or participating entities are charter cities or Joint Powers Authorities that include charter cities, the lead participating entity must certify on the Detail tab of the application that Labor Code section 1782 does not prohibit any included charter city from receiving state funds for the project described in this application. If it is determined after award that an applicant or participating entity is a charter city prohibited from receiving state funds for this Program, the project will be terminated and any disbursed Program funds shall be returned to CalRecycle.

Individual Application
An Individual Application is one in which a single eligible entity will be responsible for project implementation. The applicant in an Individual Application will be responsible for the performance of the Program and all related documentation. In addition, the applicant will be the only entity receiving any real or personal property that is purchased with Program funds.

Regional Application
Local governments may join together in a Regional Application in which two or more eligible jurisdictions join together for the purpose of project implementation. A Regional Lead Participant must be designated to act on behalf of all Non-Lead Participants. The Lead Participant is the applicant, and if awarded, will be the entity responsible for the performance of the Program and all required documentation. CalRecycle will direct all

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Beverage Container Recycling City/County Payment Program, (FY 2023–24) 5 official correspondence and payments to the Lead Participant. If a jurisdiction is a NonLead Participant in a Regional Application, it may not apply individually.

Eligible Projects/Products
Eligible activities include, but are not limited to:
• New or existing curbside recycling programs.
• Neighborhood drop-off recycling programs.
• Public education promoting beverage container recycling. • Litter prevention and cleanup where the waste stream includes beverage containers that will be recycled.
• Cooperative regional efforts among two or more cities and counties or both. • Supporting AB 341 Mandatory Commercial Recycling (MCR) requirements. For additional information on MCR and definitions of “businesses” and “multi-family residential dwellings” as they relate to this regulation, see Mandatory Commercial Recycling (https://www.calrecycle.ca.gov/Recycle/Commercial/). o Infrastructure for businesses to recycle beverage containers. o Support for new or existing beverage container recycling programs for multi-family residential dwellings.
o Public education and outreach that include a beverage container recycling component.

Available Funds • $10,500,000 is available for fiscal year 2023–24, subject to funding availability. • Each City is eligible to receive $5,000 or an amount calculated by CalRecycle, on a per capita basis, whichever is greater.
• Each county is eligible to receive $10,000 or an amount calculated by CalRecycle, on a per capita basis, whichever is greater.

The calculation is based upon the population in the incorporated areas of a city, or a city and county, or the unincorporated area of a county as of January 1, 2023 (Department of Finance E-1 Population Estimates for Cities, Counties, and the State with Annual Percent Change – January 1, 2022, and 2023. Sacramento, California, May 2023.) Term
The Term begins from the date of the award and ends on March 1, 2026. Eligible costs must be incurred no later than March 1, 2026.

Recipients are notified by email once the awards are approved and will be provided the listing on the awarded amount.

Eligible and Ineligible Costs
All eligible expenditures are subject to proportionate cost/rate to beverage container recycling activities (i.e., a flyer containing equal parts E-Waste, Oil, Household Hazardous Waste, and Beverage Container Recycling would be funded at a 25 percent proportionate cost rate). Multi-bin, co-mingled, and single stream systems may also require a proportionate cost rate to be applied to the expenditure. The funding level for beverage container portions for activities will be approved on a case-by-case basis by a CalRecycle Regional Representative.

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Beverage Container Recycling City/County Payment Program, (FY 2023–24) 6

Bins/Litter Reduction. Please distinguish between litter reduction projects and waste management projects. Trash only receptacles are not considered litter reduction and will be considered as ineligible expenditures. The purchase of multi-material recycling bins (to include beverage container recycling), permanently attached together, is an eligible expense and may be funded. Litter reduction activities must include beverage containers as part of the waste stream and must be recycled.

Water Refill Stations. Expenditures related to the installation or replacement of infrastructure, plumbing, maintenance, additional attachments, education & outreach, or modifications related to water refill stations are now eligible. The intent is to reduce the number of single-use beverage containers from entering the waste stream. Refillable water bottles (e.g., water cooler services, canteen water bottles, etc.), are currently still ineligible.

Advertising/Promotion. If you plan to spend Program funds on advertising/promotion, submit the artwork, brochure, radio script, flyer, or poster to the assigned CalRecycle Regional Representative for your jurisdiction for approval prior to going to print/production. CalRecycle Regional Representatives are listed on the Funding Request page in CAPRS.

Education/Outreach. Education and outreach activities and materials are subject to proportionate cost/rate. Recipients must provide supporting documentation to the CalRecycle Regional Representative for approval. For example, a recycling guide costs $5,000. The guide includes material topics such as oil, electronic waste, sharps, organics, cardboard, and beverage container recycling. The beverage container recycling portion is 1 of 4 pages of the entire guide. Therefore, staff would approve 25 percent (or $1,250) in this case as an eligible expenditure.

Acknowledgement. Recipients are not required to acknowledge CalRecycle’s support when activities or project funded, in whole or in part, by this Agreement are publicized in any news media, brochures, articles, seminars or other type of promotional material.

California Resource Recovery Association Conference. If you anticipate attending the California Resource Recovery Association annual conference, or other conference related to beverage container recycling, please limit the expenditures to registration and travel for no more than two (2) staff. Please contact your CalRecycle Regional Representative before making travel plans in order to ensure that the trip is eligible for reimbursement. Travel expenses must follow the criteria for state travel expenses. The most current information related to travel expenses reimbursable by the state can be found at the California Department of Human Resources webpage (https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx).

Personnel Hours. If you are charging personnel hours, ensure the supporting documentation includes actual hours worked and rate of pay. Program funding will only pay for direct time toward activities related to increasing beverage container recycling.

Litter Clean-Up Event. If you are sponsoring a litter cleanup event, in which beverage containers are part of the waste stream and are being recycled, Program funds may be used to pay for charges related to the cleanup. This may include supplies (i.e., bags,

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Beverage Container Recycling City/County Payment Program, (FY 2023–24) 7 liners, grabbers, and gloves), personnel, and safety items (i.e., water, vests, and goggles). However, giveaways, incentives, food and/or promotional T-shirts are ineligible expenditures.

Promotional Items/Stuff We All Get. In accordance with the governor’s directive, promotional items are ineligible expenses under CalRecycle’s grant/direct payment programs. More information can be found on Promotional Items/SWAG (Stuff We All Get) (https://www.ca.gov/archive/gov39/2011/02/18/news16911/index.htmlhtt).

Ineligible Activities/Items.

Any activity/items unrelated to beverage container recycling or litter reduction to include, but are not limited to:
• Recycled Content Products.
• Pet/BioBag Waste Bags.
• Monetary/Gift Card Rewards for Recycling Activities/Challenges. • Membership for Associations.
• Out-of-State Conferences.
• Trash-Only Containers.
• Refillable Water Bottles.
• Water Drop-Off Services.
• Activities solely related to used oil, E-waste, household hazardous waste, organics, compost, cardboard recycling, and waste.
• Items or services whose cost is covered by another CalRecycle Grant. • Any costs for construction projects by charter cities prohibited by Labor Code section 1782.

Jurisdictions may incur eligible costs only during the Expenditure Period.

Public Records Requests
CalRecycle’s policy is to make records requested by the public promptly available in accordance with the laws governing disclosure of records and information to the public.

In general, all records in the possession of a state agency are public records subject to disclosure, unless a law provides that a particular kind of record or information is not a public record or is exempt or prohibited from disclosure.

Upon request, the entire contents of the submitted application are subject to public records requests. This may include contact information, project summary, uploaded documents, and scoring information. Public records may be requested from CalRecycle through the California Public Records Act Requests web page (https://www2.calrecycle.ca.gov/Forms/ContactUs/PublicRecordsRequest/).

Confidentiality The following describes the treatment of certain confidential or proprietary information under the California Public Records Act (Government Code 6250, et seq.) and related regulations. It also describes how questions are resolved on whether information is truly confidential, the legal protections for confidential information, and internal and program procedures to maintain confidentiality.

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Beverage Container Recycling City/County Payment Program, (FY 2023–24) 8 Confidential or Proprietary Information
Title 14 of the California Code of Regulations (14 CCR), sections 17041-17046 (https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), states that confidential or proprietary information shall include, but is not limited to:
• Personal or business-related financial data, customer client lists, supplier lists and other information of a proprietary or confidential business nature provided by persons in applications, reports, returns, certifications or other documents submitted to [CalRecycle] which if released would result in harmful effects on the person’s competitive position.
• Tax information prohibited from disclosure, pursuant to the Revenue and Taxation Code.

Accordingly, appropriate documents submitted with an application that are clearly marked, on each page, “confidential or proprietary information” will be treated by CalRecycle pursuant to the procedures set forth in 14 CCR sections 17041-17046.

However, the law does not treat documents marked as “confidential or proprietary information” (such as sales brochures, promotional literature and other general nonfinancial documents) as confidential if they do not fall within the categories of protected financial documents listed above.

What if there is a question about what is confidential? If CalRecycle receives a request to disclose data claimed by the applicant to be confidential, CalRecycle would notify the applicant of the request and state that the documents were under review to determine whether information was correctly identified as “confidential.” If there was any question as to whether specific information was confidential, CalRecycle would contact the person(s) identified in the application to provide a justification and statement why the information is confidential. The process for evaluating confidentiality claims is set forth in section 14 CCR 17046.

What procedures does CalRecycle have in place to ensure that confidential information is kept confidential?
Confidential or proprietary information will be evaluated and analyzed only by CalRecycle staff, kept confidential, and will be maintained with restricted access.

Records no longer needed to provide the services offered under the Program are periodically destroyed, when allowed by audit policies and state law.

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Beverage Container Recycling City/County Payment Program, (FY 2023–24) 9 Application Instructions
Application Access
The application is available for cities and counties to apply for Program funds by completing a Funding Request in CalRecycle’s web-based City/County Annual Payment and Reporting System (CAPRS). Access to CAPRS is secure; therefore, you must have a CalRecycle WebPass to log in to the system. Those who have not previously obtained a CalRecycle WebPass can create an account at the CalRecycle WebPass page (https://secure.calrecycle.ca.gov/WebPass/).
• First time users of CAPRS must contact the CalRecycle Regional Representative (https://www2.calrecycle.ca.gov/BevContainer/Grants/CityCountyContacts/) and request access to CAPRS. After the request is received and approved, a WebPass invitation will be sent along with an email granting access to CAPRS. • Returning users can immediately login to CAPRS.

Note: WebPass accounts are created for individuals, not organizations, and are tied to the individual’s specific email address. If the individual’s email address changes or becomes inactive, a new WebPass account is needed to access CAPRS. All individuals must create their own password. Passwords should not be shared within the organization. Access cannot be granted to the on-line application unless the applicant is designated as a contact in CAPRS.

The components of the Funding Request are divided into tabs. To fill out a Funding Request, click on each tab and complete the sections in each tab as required. General instructions are on the top of each page. A complete Funding Request application includes a Funding Request Certification signed by the applicant’s signature authority and a valid Resolution. Additional documents may be required. See the Application Documents section.

Funding Requests must be submitted no later than 11:59 p.m. on January 17, 2024.

The system will not allow any Funding Requests to be submitted after the deadline (PRC section 14581 (a)(3)(E)). Customer service will be available until 4:00 p.m. on the application due date either by emailing [email protected] or calling Kelly Marshall at (916) 324-4481.

Funding Request Contents and Instructions
Funding Request Tab
This tab provides a summary of the funding status, eligible Program funds, due dates, program requirements, checklist, contacts, addresses, documents, region information, and a link to this document, the Beverage Container Recycling City/County Payment Program Guidelines. It is the applicant’s responsibility to ensure that all required documents, based on the individual or regional application, are submitted by the appropriate due date.

To begin, click the Edit button. Start with the Funding Request Type and use the drop down to select either Individual or Regional.

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Beverage Container Recycling City/County Payment Program, (FY 2023–24) 10 Note: If the applicant selected Regional as the Funding Request Type, a new tab titled Participating Jurisdictions will be added to the row of tabs. This is where the participating jurisdictions are selected, and their authorizing documents are uploaded.

Contacts Tab
The application is required to have only one Primary Contact and at least one Signature Authority. Contacts will automatically populate based on your previous year’s application, when applicable. You must verify that the contacts are still the same; otherwise, you can add, edit, or delete contacts before you submit your application. • Signature Authority. The person(s) authorized to sign CalRecycle documents, such as Funding Request Certification and Expenditure Reporting Certification, etc., as authorized by a board/council-adopted Resolution or Letter of Designation.
• Primary Contact. One person who has been authorized by the Signature Authority/Designee to manage and oversee the Program. This person will be the first contact with whom the CalRecycle Regional Representative will communicate.
• Secondary Contact. A person authorized (by the Primary Contact or Signature Authority/Designee) as the alternate person with whom the CalRecycle Regional Representative will communicate. (Not required)
Addresses Tab
A payment and a physical address are required. Payments will be mailed to the payment address. To comply with the requirements of Chapter 8400 of the State Administrative Manual (Warrants Payable to Counties), the county treasurer’s address will be identified as the payment address for counties. If one address is used for more than one address type, only enter the address once, and check the boxes next to the appropriate address types.

Activities Tab
Pursuant to PRC section 14581 (a)(3)(C), these funds shall not be used for activities unrelated to beverage container recycling or litter reduction. Approved activities are listed in the Activities tab, by category, in the Funding Request. The Other field is provided to allow additional activities to be listed. These are subject to approval by CalRecycle.

Eligible activities include, but are not necessarily limited to:
• New or existing curbside recycling programs.
• Neighborhood drop-off recycling programs.
• Public education promoting beverage container recycling. • Litter prevention and cleanup where the waste stream includes beverage containers that will be recycled.
• Cooperative regional efforts among two or more cities and counties, or both. • Supporting AB 31 Mandatory Commercial Recycling (MCR) requirements. For additional information on MCR and definitions of “businesses” and “multi-family residential dwellings” as they relate to this regulation, see Mandatory Commercial Recycling (https://www.calrecycle.ca.gov/Recycle/Commercial/). o Infrastructure for businesses to recycle beverage containers.

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Beverage Container Recycling City/County Payment Program, (FY 2023–24) 11 o Support for new or existing beverage container recycling programs for residential dwellings.
o Public education and outreach that include a beverage container recycling component.

Documents Tab
When uploading a document, enter a document title, select the appropriate document type from the drop-down list, and enter the date that it was executed/signed, if applicable, or select “today’s date.”
Application Submittal and Deadline
The Submit Funding Request to CalRecycle button located on the Funding Request tab will be enabled after all required documents have been uploaded.

Click the Submit Funding Request to CalRecycle button and the application status will change to Submitted. You can only submit the application once.

You must submit your application no later than 11:59 p.m. on January 17, 2024.

Customer service will be available until 4:00 p.m. on the application due date either by emailing [email protected] or calling Kelly Marshall at (916) 324-4481, however, there is no guarantee CalRecycle will be able to provide support if there is an influx of inquiries.

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Beverage Container Recycling City/County Payment Program, (FY 2023–24) 12 Application Documents
Electronic and Original Signatures
CalRecycle now allows for certified e-Signature or original wet signature on documents or forms that certify legally binding information.

Note: E-signatures must include the first and last name of the Signature Authority, be in the Adobe Digital ID format (or through another certified digital signature program) and cannot be completed using the “Fill and Sign” function within Adobe. Any document using the “Fill and Sign” function, is considered incomplete and may be sent back to the applicant.

Once the document(s) have been signed by the Signature Authority, upload the digitally signed document, or scan the wet signature and save it to CAPRS. Retain the original document for potential CalRecycle audits. See Audit Considerations Section of the Procedures and Requirements document for more information.

If you have questions, email [email protected].

CalRecycle Documents
To access a document, click on the link, open it up, fill it out, save it to your computer, and upload it to the Documents tab. If you are having trouble with a document, email [email protected] or call (916)-324-4481 Altered or reproduced CalRecycle documents or templates may result in automatic disqualification of your application. Unless a document specifies that it may be reproduced as necessary, do not alter CalRecycle documents.

Note: Do not include special characters in file names. Doing so may result in automatic disqualification of your application.

Funding Request Certification
The Funding Request Certification is a required document that must be generated from CAPRS. After each tab of the application is completed and documents are uploaded, generate the Funding Request Certification from the Funding Request tab. A certified digital signature or wet signature from the authorized Signature Authority (identified in your Resolution or Letter of Designation) is required, then scan the document, upload to the Documents tab, and retain the original hard copy document.

Applicant’s Required Authorization Documents
Below is a list of required authorizing documents by application type that the applicant is responsible for preparing and uploading to their application.

Resolution
Any applicant that is subject to a governing body must upload a Resolution that authorizes specific payment program-related matters. A copy of the authorizing Resolution is a required application document that must be uploaded no later than the

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Beverage Container Recycling City/County Payment Program, (FY 2023–24) 13 Funding Request due date or CalRecycle will deem the application incomplete and disqualify the applicant.

Note: For Resolution, Letter of Authorization, and Letter of Designation templates, refer to the Resolution and Letter Examples
(https://www.calrecycle.ca.gov/Funding/SampleDocs) web page. CalRecycle staff are available to answer questions about the Resolution or to review your draft Resolution to ensure it meets the requirements of the payment program. You may email your draft Resolution to [email protected].

Individual Application Authorization Documents:

The Resolution must:

1. Authorize submittal of an application for one or more specifically named CalRecycle payment programs or for all CalRecycle payment programs for which the applicant is eligible.

2. Identify the time period during which the authorizations are valid. a. Valid until rescinded is encouraged; however, periods of less are acceptable.
b. If a Resolution does not specify a time period, CalRecycle will consider the Resolution valid for one year from the date of adoption.

3. Identify the Signature Authority by listing the job title of the person(s) authorized to sign all payment program-related documents necessary to implement and closeout the cycle(s). a. (Optional but encouraged) The Resolution should authorize the Signature Authority to delegate their signature authority to another person identified by job title. Applicants can only submit a Letter of Designation if the corresponding Resolution includes designee language.

4. Be signed or certified by the governing body.

Note: The Signature Authority must sign a Letter of Designation prior to the designee’s exercise of their authority.

Regional Application Authorization Documents:

Lead Participant
The Lead Participant must submit an approved Resolution that authorizes it to act as a lead on behalf of itself and the participating entities no later than the application due date or CalRecycle will deem the application incomplete and disqualify the applicant.

The Resolution must:

1. Authorize submittal of a Regional Application on behalf of itself as Lead Participant and all other Non-lead Participants for a specifically named CalRecycle program.

2. Identify the time period during which the authorizations are valid. a. Valid until rescinded is encouraged; however, periods of less are acceptable.
b. Five years is also encouraged; however, periods of less than five years are acceptable.
i. A Resolution that is valid for more than 1 year must contain either:

1. a list of all potential jurisdictions that may serve as Non-Lead Participants, or

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Beverage Container Recycling City/County Payment Program, (FY 2023–24) 14

2. a provision that the Signature Authority may alter the list of Non-Lead Participants for each Program cycle.
c. If a Resolution does not specify a time period, CalRecycle will consider the Resolution valid for one year from the date of adoption.

4. Be signed or certified by the governing body.

Non-Lead Participant
The Non-Lead Participant prepares the Letter of Authorization (LOA) and gives the Lead Participant authorization to apply for and to act on its behalf in the implementation and administration of the program.

Applicant must submit a Letter of Authorization no later than the Funding Request due date or CalRecycle will remove the Non-Lead Participant(s) from the application.

The LOA must:

1. Be on the Non-Lead Participant’s official letterhead.

2. Specify payment program name.

3. Be valid for as long as the Lead Participant’s Resolution, not to exceed five years; otherwise, the participating entity must date the letter within the last 12 months.

4. Authorize the Lead Participant to submit a Regional Application and act as Lead Agency on behalf of the Non-Lead Participant.

5. Authorize the Lead Participant to execute all documents necessary to implement the project.

6. Be signed by an individual authorized to contractually bind the Non-Lead Participant.

For LOA templates refer to the Resolution and Letter Examples (https://www.calrecycle.ca.gov/Funding/SampleDocs) web page.

Letter of Designation
CalRecycle requires a Letter of Designation (LOD) only when the Signature Authority identified in the approved Resolution chooses to delegate their signature authority to another person.

The approved Resolution must indicate the Signature Authority’s ability to delegate or designate their authority. The applicant must upload the LOD prior to the designee’s exercise of their authority. If the designee signs an application document in place of the Signature Authority, the applicant must upload the LOD with their application.

The LOD must:

1. Be on the applicant’s letterhead.

2. Include the job title of the designee and the scope of the designee’s authority.

3. Include the time period during which the designee may exercise the authority.

4. Be signed by the Signature Authority.

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Attachment: 2023Oct18AppGuidelinesFY202324 (5629 : Acceptance of the FY 23-24 Beverage Container Recycling City/County Payment Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2023–24) 15 The designee’s authority may not extend beyond the effective date of the approved Resolution. For example, if the Resolution is effective until December 31, 2024, then the Letter of Designation may not be effective beyond December 31, 2024. If the letter does not identify a valid time period, the letter will follow the same time frame as the Resolution.

For LOD templates refer to the Resolution and Letter Examples (https://www.calrecycle.ca.gov/Funding/SampleDocs) web page.

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Attachment: 2023Oct18AppGuidelinesFY202324 (5629 : Acceptance of the FY 23-24 Beverage Container Recycling City/County Payment Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2023–24) 16 Funding Request Review and Award Process
Funding Request Review Process
After the close of the application period, CalRecycle staff will review the applications for completeness and eligibility. Only complete applications will be considered for award.

Funding Award Process
For qualifying applications, CalRecycle staff will develop funding recommendations for the consideration and approval of CalRecycle’s Director, or their designee; CalRecycle tentatively schedules this for April 2024. CalRecycle reserves the right to partially fund or fund individual phases of selected proposals, and CalRecycle may fund an amount less than requested.

CalRecycle reserves the right to not award any program funds under one or more cycles.

Award Conditions
When awarded, this program will be subject to two conditions:

1. The recommended jurisdiction must pay all outstanding debts due to CalRecycle, or bring current outstanding payments owed to CalRecycle by the RFA Award date.

2. The recommended jurisdiction’s Signature Authority (or their delegated signature authority) must sign and return the Funding Request Certification to CalRecycle.

CalRecycle must receive the signed Funding Request Certification by the Funding Request due date.

Failure to comply with either condition will void the award.

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Attachment: 2023Oct18AppGuidelinesFY202324 (5629 : Acceptance of the FY 23-24 Beverage Container Recycling City/County Payment Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2023–24) 17 Program Administration
Reporting Process
Expenditure reporting is a requirement for ongoing eligibility for the Program.

Recipients must spend the Program funds by March 1, 2026 with a reporting due date of April 1, 2026. Recipients must meet CalRecycle’s online reporting requirements.

Recipients may submit an Expenditure Report once all Program funds have been spent but no later than April 1, 2026. Failure to meet this reporting due date may result in the denial of future Beverage Container City/County Payment Program funding and/or collection of unspent/unreported Beverage Container Recycling City/County Payment Program funds.

Report all expenditures through CAPRS. Supporting documentation and proof of payment for all expenditures will be required. Failure to account for funds and/or ineligible expenditures may result in requiring reimbursement from and/or forfeiture of Beverage Container Recycling City/County Payment Program funds. In addition, recipients may be denied future Beverage Container Recycling City/County Payment Program funding.

Semi-Annual Reporting for AB 506
If your jurisdiction indicated that it was participating in mediation mandated by AB 506, filed for bankruptcy, or declared fiscal emergency, CalRecycle will request you submit a Semi-Annual Report. This report will track your progress as you expend your Program funds. You will be required to submit an Expenditure Report.

Unspent Funds
Unspent Program funds at the end of the term must be reimbursed by check to CalRecycle within 45 days of that date. Notify your CalRecycle Regional Representative if you will be sending in a check. The check will need to be labeled as City County Payment Program Unspent Funds for FY 2023-24 and mailed to:

CalRecycle, Accounting
P.O. Box 4025
Sacramento, CA 95812-4025
If there are questions or concerns related to expenditures, contact your CalRecycle Regional Representative
(https://www2.calrecycle.ca.gov/BevContainer/Grants/CityCountyContacts/).

Note: Program funds due to CalRecycle but left unpaid may result in a recipient not being eligible for future funding.

Payment Request Process
CalRecycle will approve Funding Requests and authorize the State Controller’s Office to make payments to each city and county. The warrant will arrive without a cover letter to the city or to the county treasurer. Payments must be placed into an interest-bearing

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Attachment: 2023Oct18AppGuidelinesFY202324 (5629 : Acceptance of the FY 23-24 Beverage Container Recycling City/County Payment Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2023–24) 18 account. Tracking and reporting of interest earned (if any) on the payment is not required. All interest accrued and received from the Program shall be used for eligible expenses related to the performance of this Agreement. Pursuant to PRC section 14581(a)(3)(F), CalRecycle may withhold payment to any city, county, or a city and county that has prohibited the siting of a certified recycling center at a supermarket site, caused a certified recycling center at a supermarket to close its business, or adopted a land use policy that restricts or prohibits the siting of a certified recycling center at a supermarket site within its jurisdiction since January 1, 2000.

Expenditure Payments
Expenditures must be incurred no earlier than the date of the award and no later than March 1, 2026. Proof of payment for expenditures incurred must occur and be submitted no later than April 1, 2026.

Records Retention and Audit Consideration
Recipients are responsible and accountable for all Program funds; therefore, it is essential that adequate supporting documentation and a clear paper/audit trail are maintained. The accounting of Program funds must be maintained in a manner that provides clear and separate tracking of funds and related transactions for fiscal program management and audit purposes.

CalRecycle, the Department of Finance, the California State Auditor, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the use of Program funds; and shall have the right to interview staff relevant to the audit. Examples of supporting documentation subject to audit include:
• Expenditure ledgers.
• Paid warrants.
• Travel logs.
• Payroll register entries.
• Time sheets.
• Contracts or change orders.
• Samples/pictures of items and materials developed with Program funds. • Invoices, receipts, cancelled checks.

Supporting documentation must clearly identify all eligible expenditures related to beverage container recycling and litter cleanup activities. All such records shall be maintained for possible audit for a minimum of three (3) years after the Program term end date, or until completion of any action and resolution of all issues, which may arise as a result of any litigation, dispute, or audit, whichever is later.

Termination for Cause
In the event the recipient fails to comply with the requirements of these Guidelines at the time and in the manner herein provided, CalRecycle may terminate the Agreement.

Recipients are encouraged to discuss any problems they may have in complying with these Guidelines with their CalRecycle Regional Representative to determine if CalRecycle can be of assistance.

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Attachment: 2023Oct18AppGuidelinesFY202324 (5629 : Acceptance of the FY 23-24 Beverage Container Recycling City/County Payment Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2023–24) 19 Indemnity
Recipient agrees to indemnify, defend and save harmless the state, CalRecycle, its officers, agents, and employees from any and all claims and/or losses accruing or resulting from the performance of the Program.

Compliance
Recipient shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits.

How to Reach Us
Your CalRecycle Regional Representative’s contact information is in CAPRS on your Funding Request page. This is the best contact for any questions about the Program.

Department of Resources Recycling and Recovery
Grant and Payment Unit 5
1001 I Street, MS 9A
Sacramento, CA 95814
Telephone: (916) 324-1237
Email: City County Payment Program ([email protected])

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Attachment: 2023Oct18AppGuidelinesFY202324 (5629 : Acceptance of the FY 23-24 Beverage Container Recycling City/County Payment Regular Meeting
05/20/24 05:30 PM
City Clerk / Records
Maribel Hernandez
Community Promotion
Doc ID: 5657

AGENDA ITEM
AGENDA MATTER:

COMMUNITY PROMOTIONAL FUND APPLICATION FROM THE ART AND INDUSTRIAL WOMEN'S CLUB
EXECUTIVE SUMMARY:

The Art and Industrial Women's Club is seeking financial assistance to help offset the costs of hosting its Annual Juneteenth Celebration on Saturday, June 15, 2024, at Sturnacle Park for the amount of $1,000 in cash and $1,193.16 of in-kind donations.

DISCUSSION:

The Art and Industrial Women’s Club is once again hosting its Annual Juneteenth Celebration on Saturday, June 15, 2024, at Sturnacle Park. The organization is asking for a cash donation in the amount of $1,000 to help with the purchase of food and supplies and $1,193.16 of in-kind donation to cover the following expenses:
20 Tables = $200
75 Chairs = $75
Water = $200
Electricity = $200
Personnel (2 employees) = $518.16
Total = $1,193.16.

Attached is the Community Promotional Fund Application for Council review.

FISCAL IMPACT:

Request for a cash grant award of $1,000 and $1,193.16 donation charged to account Measure Q Community Promotional Fund 102.150.542.07.755.

RECOMMENDED ACTION:

Approve a Community Promotional Fund donation in the amount of $1,000 and $1,193.16 of in-kind donations to the Art and Industrial Women's Club.
9 Packet Pg. 88
and $1,193.16 for the cost of tables, chairs,
water, electricity and staff.

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Attachment: Juneteenth 2024 (5657 : Community Promotional Fund Application from the Art and Industrial Women's Club)

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Attachment: Juneteenth 2024 (5657 : Community Promotional Fund Application from the Art and Industrial Women's Club)

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Attachment: Juneteenth 2024 (5657 : Community Promotional Fund Application from the Art and Industrial Women's Club)

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Attachment: Juneteenth 2024 (5657 : Community Promotional Fund Application from the Art and Industrial Women's Club) Regular Meeting
05/20/24 05:30 PM
Environmental Services
Jessica Reed
Resolution
Doc ID: 5618

COUNCIL RESOLUTION
AGENDA MATTER:

RESOLUTION APPROVING A REQUEST BY BURRTEC WASTE INDUSTRIES FOR A CONSUMER

PRICE INDEX (CPI) INCREASE
EXECUTIVE SUMMARY:

This is a public hearing for the City Council to consider the adoption of a resolution approving an increase in solid waste collection service charges. The council will consider a $3.47 per month increase in residential curbside service. The proposed increase includes a CPI adjustment of 4.65% across all rate categories. It will also include the third and final year of the three-year phase-in of SB 1383 program implementation costs as approved by the Council on June 20, 2022.

DISCUSSION:

The City Council has previously determined that the collection and disposal of trash, recycling, and organics in its service area shall be performed by Burrtec Waste Industries, Inc. under the terms of an exclusive franchise agreement. The agreement states that Burrtec may submit a request for rate review once a year, to include a gross adjustment of 100% of the percentage increase in the Consumer Price Index (CPI) for all urban consumers in the Riverside-San Bernardino-Ontario area, for the previous 12- month period for which information is received from the U.S. Department of Labor, but not to exceed 5% per year.

The overall percentage change in CPI for the January to December period immediately preceding July 1, 2024, the effective date of the proposed rate adjustment, is 4.65%.

Pursuant to Article XIIID of the California Constitution, the City of Barstow sent written notification to all affected property owners of the intent to consider annual CPI increases. The 5-year notice covers future requests through July 1, 2028. The notice included a description of the annual adjustment and instructions on how to participate in the hearing. Additionally, a Notice of Public Hearing was published by the City Clerk's Office in accordance with the government code.

Below is an explanation of the basis upon which the charges are calculated and the reason for the proposed increase.

The monthly residential curbside collection charge is comprised of the following components:

1. An amount for the administration and operation of automated curbside trash collection service, which includes collection barrels (a 95-gallon trash barrel, 95-gallon recycling barrel, and 35- gallon organics barrel) with weekly pick-up service;

2. The cost of recyclable processing;

3. The cost of organics processing;

4. An amount to compensate the City of Barstow for its administrative costs in connection with billing, customer service, and noticing requirements;

5. An amount to compensate the City of Barstow for the franchise service provision; 10 Packet Pg. 93
Regular Meeting
05/20/24 05:30 PM
Environmental Services
Jessica Reed
Resolution
Doc ID: 5618

COUNCIL RESOLUTION

6. The cost of disposal at the landfill; and

7. An amount to assist in providing programs for compliance with local, state, and/or federal regulations such as AB 939 and SB 1383.

The total proposed residential rate increase of $3.47 per month is based on the following factors:
 A $0.76 per month increase for collection service based on the CPI;  A $0.08 per month increase for the processing of recyclables;  A $0.17 per month increase for the processing of organics;  A $0.14 per month increase in the administrative fee to reflect the CPI increase;  A $0.29 per month increase in the franchise fee to reflect the CPI increase; and  A $2.03 per month increase for SB 1383 implementation as previously approved by Council on June 20, 2022, which covers costs for additional collection, vehicle(s), equipment, containers, labor, and regulatory compliance activities.

The commercial charges are comprised of the following components:

1. An amount for the administration and operation of commercial bin trash, recycling, and organics collection service;

2. The landfill disposal fee;

3. The cost of recyclable processing;

4. The cost of organics processing;

5. An amount to compensate the City of Barstow for its administrative costs in connection with billing, customer service, and noticing requirements;

6. An amount to compensate the City of Barstow for the franchise service provision; and

7. An amount to assist in providing programs for compliance with local, state, and/ or federal regulations such as AB 939, AB 341, AB 1826 & SB 1383.

The proposed commercial rate is based upon the level of service as shown in Exhibit A. Due to a reduction in food waste program costs as a result of waivers issued last year, there is no proposed increase to the commercial rates.

Should the proposed rates be approved, the new rates would become effective July 1, 2024.

FISCAL IMPACT:

The proposed rate increase will result in an increase in franchise and administrative fee revenue for FY 24-25, as the City receives a franchise fee of 10% of all gross receipts excluding sewer fees, AB939/State 10 Packet Pg. 94
Regular Meeting
05/20/24 05:30 PM
Environmental Services
Jessica Reed
Resolution
Doc ID: 5618

COUNCIL RESOLUTION
Program Compliance Fees, and tipping fees, and an administrative fee of 5% of all gross receipts excluding the same.

RECOMMENDED ACTION:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BARSTOW, CALIFORNIA, APPROVING A REQUEST BY
BURRTEC WASTE INDUSTRIES, INC. FOR A CONSUMER
PRICE INDEX (CPI) INCREASE OF 4.65% TO EXISTING RATES

FOR SOLID WASTE COLLECTION/RECYCLING SERVICES,

SUPERSEDING THE EXISTING RATES, AND REPEALING

RESOLUTIONS THAT CONFLICT THERETO
WHEREAS, the City Council of the City of Barstow has the authority to establish fees for City services; and
WHEREAS, the City intends to maintain reasonable rates and quality of service related to the trash, recycle, and organics collection service provided to its residents; and WHEREAS, the City has contracted with Burrtec Waste Industries, Inc (“Burrtec”) for the provision of said solid waste collection services; and WHEREAS, Burrtec has requested an increase in the solid waste rates pursuant to Section 4.3(b) of the Agreement between the City and Burrtec to account for the increased cost of providing its services; and
WHEREAS, a notice was mailed to affected property owners declaring the City’s intention to consider the adoption of annual rate adjustments for a CPI increase as requested by Burrtec, and establishing the guidelines and procedures for conducting a public hearing to receive and consider protests against the proposed rate increase in accordance with section 6 of Article XIII D of the California Constitution and section 53755 of the California Government Code; and
WHEREAS, the hearing on May 20, 2024 was held not less than 45 days after the City mailed notice of that hearing, in accordance with section 6 of Article XIII D of the California Constitution and section 53755 of the California Government Code; and WHEREAS, the City accepted all valid written protests against the proposed rate increases and caused the tabulation of those protests, which tabulation revealed that a majority protest against the proposed rate increases does not exist; and WHEREAS, at the hearing on May 20, 2024, the City Council considered all objections or protests, if any, to the proposed rate increases as well as all oral comments not qualifying as formal protest; and
WHEREAS, based on the information presented at the hearing on May 20, 2024, including but not limited to reports from City staff, oral and written testimony, and valid written protests, the City determines the following:
(1) Revenues from the proposed rate increases are not expected to exceed the costs to the City to provide solid waste collection service,

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Attachment: Resolution Adopting Burrtec Fee Increase 2024 (5618 : Resolution Approving a Request by Burrtec Waste Industries for a 2 259227.6
(2) Revenues from the proposed rate increases will not be used for any purpose other than to provide solid waste collection service,
(3) The amount of the proposed rate increases imposed on any parcel do not exceed the proportional cost of solid waste service attributable to that parcel, (4) The proposed rate increases are imposed on parcels only for service actually used by, or immediately available to, those parcels, and (5) The proposed rate increases are not imposed for general governmental services available to the public at large in substantially the same manner as they are to property owners (Cal. Const., art. XIII D, § 6(b)); and WHEREAS, the City now finds it necessary to adopt new solid waste rates and charges.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Barstow as follows:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The schedule of solid waste rates and charges set forth in Exhibit A, attached hereto and incorporated herein by reference, are hereby adopted.

SECTION 3. This resolution does not constitute a project under the California Environmental Quality Act (“CEQA”) Guidelines as set forth in Title 14, section 15378 of the California Code of Regulations, because it amends a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment (§ 15378(b)(4)) and is an administrative activity of government that will not result in direct or indirect physical changes in the environment (§ 15378(b)(5)). Furthermore, if this resolution were a project, it would be categorically exempt from CEQA pursuant to Title 14, Section 15273(a) of the California Code of Regulations, because it establishes rates and charges to fund current operating expenses of the City.

SECTION 4. If any subdivision, paragraph, sentence, clause, or phrase of this Resolution is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this Resolution. It is the City’s express intent that each remaining portion would have been adopted irrespective of the fact that one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.

SECTION 5. The rates and charges set forth in this Resolution shall become effective on July 1, 2024.

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Attachment: Resolution Adopting Burrtec Fee Increase 2024 (5618 : Resolution Approving a Request by Burrtec Waste Industries for a 3 259227.6
PASSED AND ADOPTED this 20th day of May, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Paul Anthony Courtney, Dr. B.S., Mayor
ATTEST:

Andrea “Andi” Flores, City Clerk

APPROVED AS TO FORM
By:

Matthew T. Summers
City Attorney

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Attachment: Resolution Adopting Burrtec Fee Increase 2024 (5618 : Resolution Approving a Request by Burrtec Waste Industries for a Current Proposed Current Proposed
Total Rate Total Rate Total Rate Total Rate
Residential / Multi Family 3-Barrel Service Multi-Family Organics Standard $ 31.02 $ 34.49 Barrel Size Freq
Residential 35g Barrel $ 28.37 $ 31.84 35Gal 1 $ 38.05 $ 39.82 Econ Disadvantaged $ 28.75 $ 32.15 35Gal 2 $ 61.95 $ 64.87 Econ Disadvantaged - 35g $ 26.42 $ 29.82 65Gal 1 $ 39.01 $ 40.84 Extra barrel $ 7.72 $ 7.79 65Gal 2 $ 63.80 $ 66.80
Extra Residential Pick-Up $ 13.04 $ 13.47
Additional Bulky Item - (per item) $ 17.39 $ 18.19 Food Waste Service - Commercial/Multi Family Service Additional Trip Change Bulky Item $ 43.48 $ 45.51 Bin Size Freq 2 1 $ 188.55 $ 180.94
Commercial Barrel - Trash 2 2 $ 351.09 $ 334.80
Size Freq Barrel Size Freq
95 1 $ 36.36 $ 32.48 35Gal 1 $ 27.47 $ 25.98
95 2 $ 71.79 $ 63.98 35Gal 2 $ 54.13 $ 51.07
95 3 $ 106.25 $ 94.48 35Gal 3 $ 79.78 $ 75.14
95 4 $ 139.77 $ 123.97 35Gal 4 $ 104.51 $ 98.23
95 5 $ 172.39 $ 152.54 35Gal 5 $ 128.34 $ 120.38
Extra Barrel (limit 1) $ 18.82 $ 16.80 65Gal 1 $ 36.36 $ 32.48 Extra Commercial Barrel Pick-Up $ 17.29 $ 15.31 65Gal 2 $ 71.79 $ 63.98 65Gal 3 $ 106.25 $ 94.48
Multi-Family Trash Bins Service 65Gal 4 $ 139.77 $ 123.97 Size Freq 65Gal 5 $ 172.39 $ 152.54

1.5 1 $ 168.75 $ 174.61

1.5 2 $ 307.81 $ 318.24 Green Waste - Commercial/Multi Family Service

1.5 3 $ 437.77 $ 452.36 Bin Size Freq

1.5 4 $ 556.91 $ 575.20 2 1 $ 227.16 $ 228.69

1.5 5 $ 673.32 $ 695.10 2 2 $ 399.83 $ 400.45

1.5 6 $ 788.76 $ 814.04 Barrel Size Freq
3 1 $ 223.09 $ 230.01 35Gal 1 $ 62.81 $ 63.26
3 2 $ 415.52 $ 428.02 35Gal 2 $ 111.99 $ 112.23
3 3 $ 600.03 $ 617.75 65Gal 1 $ 89.94 $ 89.16
3 4 $ 775.01 $ 797.56 65Gal 2 $ 166.14 $ 163.97
3 5 $ 947.66 $ 974.86
3 6 $ 1,119.94 $ 1,151.77 Roll-Off
6 1 $ 382.37 $ 393.21 Roll-Off Box $ 286.47 $ 297.81
6 2 $ 714.51 $ 734.10 Compactor Box $ 324.02 $ 337.12
6 3 $ 1,032.05 $ 1,059.67 End Dump $ 268.04 $ 278.80
6 4 $ 1,331.92 $ 1,366.88 Dry Run $ 60.40 $ 63.20
6 5 $ 1,627.82 $ 1,669.77 Tilthopper $ 42.29 $ 44.25
6 6 $ 1,922.99 $ 1,971.91 Delivery Charge (tilthopper) $ 42.29 $ 44.25 Rental fee (per day) $ 26.58 $ 27.82
Commercial Trash Bins Service
Size Freq Miscellanous Rates

1.5 1 $ 166.18 $ 161.78 Extra bin pick-up $ 49.08 $ 50.90

1.5 2 $ 307.36 $ 297.52 Overflow Charge - Bins Only $ 95.23 $ 99.66

1.5 3 $ 441.31 $ 425.67 Return Check Charge $ 25.00 $ 25.00

1.5 4 $ 566.37 $ 544.58 Lien Adminstrative Fee $ 47.25 $ 45.00

1.5 5 $ 689.59 $ 661.48 Locking Bin $ 12.08 $ 12.64

1.5 6 $ 811.86 $ 777.46 Locking Bin Set Up - One Time $ 38.79 $ 40.60 3 1 $ 230.49 $ 217.48 Clean-Out service $ 104.21 $ 109.07 3 2 $ 434.08 $ 406.93 Recyling Contamination Fee - Barrel $ 13.70 $ 14.33 3 3 $ 629.73 $ 588.07 Recyling Contamination Fee - Bin $ 48.10 $ 50.35 3 4 $ 815.84 $ 759.28 FW Contamination Fee - Commercial Barrel $ 59.96 $ 62.76 3 5 $ 999.64 $ 927.97 FW Contamination Fee - Commercial Bin $ 59.96 $ 62.76 3 6 $ 1,183.02 $ 1,096.27 Barrel Exchange (first exchange free)(1) $ 19.04 $ 19.93 6 1 $ 412.42 $ 384.15 charge does not apply to graffiti or damaged barrels 6 2 $ 783.26 $ 725.02 Barrel Replacement(2) $ 82.06 $ 85.88 6 3 $ 1,143.01 $ 1,054.27 resdl-customer damaged, comml-lost or stolen 6 4 $ 1,488.54 $ 1,368.74 Bin Exchange (first exchange fee) $ 95.23 $ 99.66 6 5 $ 1,831.90 $ 1,680.79 charge does not apply to graffiti or damaged bins 6 6 $ 2,174.48 $ 1,992.06 Bin Replacement + actual cost of bin $ 105.51 $ 110.42 comml-lost or stolen
Temporary Bin 3 yard bin $ 126.86 $ 122.83 Special Services 181.22/hr 189.65/hr (min 1/2 hour)
Commercial Trash Compactor Bins Shopping Cart Retrieval $ 20.85 $ 21.82 Size Freq Certificate of Destruction $ 127.41 $ 133.34
3 1 $ 344.89 $ 308.74 Late Charge 10.0% 10.0%
3 2 $ 662.88 $ 589.45 Interest 1.5% 1.5%
3 3 $ 972.93 $ 861.85
3 4 $ 1,273.44 $ 1,124.32 Push-Out (bins)
3 5 $ 1,571.64 $ 1,384.27 0-50 feet N/C N/C
3 6 $ 1,869.42 $ 1,643.83 51-75 feet 1 $ 27.50 $ 28.77
4 1 $ 448.52 $ 400.03 51-75 feet 2 $ 55.00 $ 57.54
4 2 $ 864.12 $ 765.72 51-75 feet 3 $ 82.50 $ 86.31
4 3 $ 1,270.04 $ 1,121.27 51-75 feet 4 $ 110.00 $ 115.08 4 4 $ 1,664.74 $ 1,465.16 51-75 feet 5 $ 137.50 $ 143.85 4 5 $ 2,056.31 $ 1,805.66 76+ feet 1 $ 82.49 $ 86.33
4 6 $ 2,447.48 $ 2,145.76 76+ feet 2 $ 164.98 $ 172.66
76+ feet 3 $ 247.47 $ 258.99
76+ feet 4 $ 329.96 $ 345.32
76+ feet 5 $ 412.45 $ 431.65
(1) An exchange occus when a customer requests to swap out their barrel/bin for a clean one. The first exchange is free. There is no fee to exchange a barrel that was damaged through regular wear and tear or if it was graffitied. (2) A replace occurs when a customer requests a new barrel/bin because theirs was lost/stolen.

EXHIBIT A - CITY OF BARSTOW
PROPOSED RATE INCREASE - effective 7/1/24
Service Type Service Type

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Attachment: Ex A 2024 Proposed Barstow Rates (5618 : Resolution Approving a Request by Burrtec Waste Industries for a Consumer Price Regular Meeting
05/20/24 05:30 PM
City Manager Department
Andy Espinoza Jr.

Purchase
Doc ID: 5644

COUNCIL AGENDA ITEM
AGENDA MATTER:

ALLOCATION OF FUNDS FOR EQUIPMENT PURCHASES
EXECUTIVE SUMMARY:

The City Departments have identified critical equipment needs to enhance operational efficiency and maintain public safety standards. With a fiscal year 2024 budget savings totaling $924,304.51 and a surplus from Measure Q amounting to $756,095.64, there is an opportunity to allocate these funds towards purchasing the required equipment. The proposed purchases include utility vehicles, lighting equipment, firefighting apparatus, and other essential machinery, which will significantly contribute to fulfilling the municipality's operational requirements.

DISCUSSION:

We must consider the fiscal impact and rationale behind the proposed equipment purchases. The total expenditure of $1,680,400.15, combining budget savings and Measure Q surplus, signifies a significant investment. However, investing in essential equipment aligns with our municipality's commitment to maintaining service standards and ensuring public safety. While the initial deposit for the fire engine is coming from General Fund salary savings, future payments will be planned to come from Measure Q allocation. The allocation strategy balances immediate equipment needs with long-term fiscal sustainability, utilizing available savings and surplus without compromising financial stability.

Budget Savings
Utility Truck $78,154.88
Cargo Van $71,570.06
Fogelson Lights $384,690.00
Fire Engine Deposit $239,889.57
Emergency Generator Install $150,000.00
Total $924,304.51
Measure Q
Dump Truck $99,989.47
SCBA Bottles/Packs $178,784.08
SCBA Compressor $125,000.00
Wheel Loader $352,322.09
Total $756,095.64
Future considerations include monitoring maintenance costs, operational efficiency improvements, and emerging equipment needs. Regular budget reviews will facilitate proactive planning for future equipment replacements or upgrades.
11 Packet Pg. 100
Regular Meeting
05/20/24 05:30 PM
City Manager Department
Andy Espinoza Jr.

Purchase
Doc ID: 5644

COUNCIL AGENDA ITEM
FISCAL IMPACT:

The proposed purchases entail a total expenditure of $1,680,400.15 comprising $924,304.51 from the fiscal year 2024 budget savings and $756,095.64 from the surplus from Measure Q. • The allocation of funds will result in a reduction of the available budget savings and surplus from Measure Q, affecting the City's financial reserves.
• However, investing in essential equipment is crucial for maintaining service standards, ensuring public safety, and enhancing operational efficiency, which may lead to long-term cost savings and service improvements.
05/20/24 400.804.417.24.100 · Foglesong Park $384,690.00 Ball Field Lights
05/20/24 102.140.425.08.808 · Street Maintenance Division $352,322.09 Wheel Loader
05/20/24 102.225.225.08.807 · Bfpd $239,889.57
Pierce Enforcer PUC Pumper
05/20/24 102.225.225.08.808 · Bfpd $178,784.08
SCBA Bottles/Packs
05/20/24 102.225.225.08.809 · Bfpd $125,000.00
SCBA Compressor
05/20/24 400.806.600.24.425 · ER Generator - DIF $108,272.00 ER Generator
05/20/24 102.140.425.08.807 · Street Maintenance Division $99,989.47 Dump Truck
05/20/24 100.140.430.08.809 · Open Spaces Division $78,154.88 Utility Truck
05/20/24 100.140.435.08.805 · Building Maintenance Division $71,570.06 Cargo Van
11 Packet Pg. 101
Regular Meeting
05/20/24 05:30 PM
City Manager Department
Andy Espinoza Jr.

Purchase
Doc ID: 5644

COUNCIL AGENDA ITEM
05/20/24 400.806.600.24.100 · ER Generator - General Fund $41,728.00 ER Generator
Total: $1,680,400.15
RECOMMENDED ACTION:

Staff recommends that the City Council take the following actions:

Page 1 of 4 ends

174823-01
Mar 05, 2024

CITY OF BARSTOW PUBLIC WORKS

ATTN FINANCE
220 E MOUNTAIN VIEW ST
BARSTOW, California 92311-2839
Attention: THOMAS ALVA
Dear Tom,
We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.

One (1) New Caterpillar Inc. Model: 938 Wheel Loader including standard and optional equipment as listed below.

STOCK NUMBER: TBD SERIAL NUMBER: TBD YEAR: 2024 SMU:

We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 30 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.

Sincerely,
Steve Usary
Machine Sales Representative
[email protected]
951-639-7808

11.a
Packet Pg. 103 Attachment: Quote_City of Barstow Public Works_New 2024 938 Wheel Loader_03.05.2024 (5644 : Allocation of Funds for Equipment Quote 174823-01

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One (1) New Caterpillar Inc. Model: 938 Wheel Loader including standard and optional equipment as listed below.

MACHINE SPECIFICATIONS
938 14A WHEEL LOADER 579-7703 $359,709.08
LANE 2 - AVAILABLE FROM CLAYTON FACTORY.

LANE 3 - AVAILABLE FROM CLAYTON FACTORY.

Serial Number Prefix EZY
Available for AM-N, Chile, Puerto Rico, EU Dealers, South Korea, Australia, New Zealand, Colombia and Japan.

LANE 2 ORDER 0P-9002
PREP PACK, UNITED STATES 593-8900
ENVIRONMENT, STANDARD 579-7720
WEATHER, STANDARD 579-7730
ENGINE 593-8993
STANDARD LIFT, COUPLER READY 593-8941
DIFFERENTIAL, OPEN REAR 349-8014
HYDRAULICS, 3V 593-8943
LINES, AUX 3RD, STD LIFT 530-1628
JUMPER LINES, AUX 3RD, FUSION 629-6028
HYDRAULICS, STANDARD 536-5284
LIGHTS, AUX, LED, PREMIUM 590-8903
LIGHTS, ROADING, LED, RH 633-0598
CAB, STANDARD 578-1363
AIR CONDITIONING, R134A REF 579-7735
PUSH START, PASSCODE SECURITY 579-7738
SEAT, PREMIUM, TILT AND TELE 593-8963
CAMERA, REAR VIEW 579-7761
MIRRORS, HEAT, ELEC ADJUST 578-1409
RADIO, READY PREMIUM (USB) 590-8871
STEERING WHEEL, STANDARD 579-7718
JOYSTICK 3V, STEERING WHEEL 593-8916
WINDSHIELD ACCESS STEPS, NONE 612-1012
PRODUCT LINK, DUAL PLE683 573-8458
FILM GP, WARNING, PL, ANSI 638-5475
TIRES,20.5R25 MX XHA2 * L3 366-6882
FENDERS, STANDARD 593-8951
CTWT, AGGREGAGE ,4431LBS, 8PCS 467-7991
TOOLBOX AUX 491-7922
HYDRAULIC OIL, STANDARD 619-8439
SERIALIZED TECHNICAL MEDIA KIT 421-8926
RIDE CONTROL 579-7697
DECAL, HI VIS STEP, HANDRAIL, DLX 615-9210
HOLDER, CELL PHONE 643-0105
BEACON, WARNING, STROBE, AMBER 600-3781
LIGHTS, WARNING, REVERSE STROBE 616-0040
BEACON, SEAT BELT, LED GREEN 594-4136
MIRROR, INTERNAL 2X REAR VIEW 623-6438
VISOR, INTERNAL, REAR 342-0215

11.a
Packet Pg. 104 Attachment: Quote_City of Barstow Public Works_New 2024 938 Wheel Loader_03.05.2024 (5644 : Allocation of Funds for Equipment Quote 174823-01

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GUARD, TILT CYLINDER, STD LIFT 433-9751
GUARD, POWERTRAIN, LOWER 349-8165
GUARD, POWERTRAIN, SIDE 425-1425
GUARD, CRANKCASE 349-8163
GUARD, DRIVESHAFT 349-8164
GUARD, STEERING CYLINDER 631-3992
SHIPPING/STORAGE PROTECTION 0P-2266
CERTIFICATE OF ORIGIN, ENGLISH 0G-6022
PACK, DOMESTIC TRUCK 0P-0210
BUCKET-MP, 3.5 YD3, FUS 527-9408
QUICK COUPLER, FUSION, HIGH VIS 536-5314
SOURCEWELL DISCOUNT SOURCEWELL I.D.#139371 $-46,223.00

WARRANTY & COVERAGE
Standard Warranty: 12 MONTHS FULL MACHINE (PREMIER) LABOR+TRAVEL 4H/200M Extended Coverage: 84 MONTHS/ 4,000 HOUR PREMIER EXTENDED CATERPILLAR WARRANTY CSA 36 MO / 1,500 HOURS PARTS ONLY (INCLUDES SOS) (QUINN CVA) SELL PRICE $313,486.08
EXT WARRANTY $10,481.82
CSA Included
NET BALANCE DUE $323,967.90
TIRE FEE $7.00
SALES TAX (8.75%) $28,347.19
AFTER TAX BALANCE $352,322.09
F.O.B/TERMS:

ADDITIONAL CONSIDERATIONS
• Delivery is 7-9 Months
Accepted by___________________________________ on ____________________ ______________________________
Signature

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Packet Pg. 105 Attachment: Quote_City of Barstow Public Works_New 2024 938 Wheel Loader_03.05.2024 (5644 : Allocation of Funds for Equipment Quote 174823-01

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11.a
Packet Pg. 106 Attachment: Quote_City of Barstow Public Works_New 2024 938 Wheel Loader_03.05.2024 (5644 : Allocation of Funds for Equipment

11.b
Packet Pg. 107 Attachment: SKM.CY.MAIN24050915430 (5644 : Allocation of Funds for Equipment Purchases)

11.c
Packet Pg. 108 Attachment: SKM.CY.MAIN24050915431 (5644 : Allocation of Funds for Equipment Purchases)

11.d
Packet Pg. 109 Attachment: SKM.CY.MAIN24050915440 (5644 : Allocation of Funds for Equipment Purchases) Tax Exempt Lease Purchase
SALES ORGANIZATION: South Coast – Tim Olley 4/23/2024
LESSEE: Barstow Fire Protection District Contact information:

TYPE OF EQUIPMENT: One (1) Pierce Enforcer PUC Pumper Kim Simon EQUIPMENT COST: $1,015,192.61 (Pre-pay Option) Locator: B4-B230-06-07 CUSTOMER DOWNPAYMENT: $0.00 155 East Broad St
TRADE-IN: $0.00 Columbus, OH 43215
DELIVERY TIME: Per Contract Ph: 614-670-3994
PAYMENT MODE: Annual In Arrears Fax:(866) 852-3101
FIRST PAYMENT DUE DATE: 1 year after lease commencement [email protected] LEASE COMMENCEMENT DATE: Upon contract signing with Pierce Term 5 years 7 years 10 years
Number of Payments 5 Annual 7 Annual 10 Annual
Payment Amount $239,889.57 $183,281.10 $141,482.51
Interest rate: 5.83% 6.22% 6.54%
NOTE: All lease documents must be fully executed within 7 days of the date of this proposal. Failure to receive completed documents may alter the final payment schedule due to changes in rates and/or discounts.

PERFORMANCE BOND: To utilize the prepay program, a performance bond is required. Said performance bond shall be paid for directly to Pierce Manufacturing or financed by PNC Equipment Finance as part of the transaction
ESCROW FUNDING OPTION: At lease closing, if all of the equipment has not yet been delivered, Lessor will fund an escrow account from which disbursements will be made to the equipment provider(s) upon receipt of a Requisition Request and Certificate of Acceptance from Lessee. Escrow agent will either be Lessor or third-party provider selected by Lessor and approved by Lessee. All escrow earnings will be for the benefit of Lessee. The escrow agent will assess a $250.00 account set up fee payable at closing.

TYPE OF FINANCING: Tax-exempt Lease Purchase Agreement with a $1.00 buy out option at end of lease term. Said agreement shall be a net lease arrangement whereby lessee is responsible for all costs of operation, maintenance, insurance, and taxes.

BANK QUALIFICATION: This proposal assumes that the lessee will not be issuing more than $10 million in tax-exempt debt this calendar year. Furthermore, it is assumed that the lessee will designate this issue as a qualified tax-exempt obligation per the tax act of 1986.

LEGAL TITLE: Legal title to the equipment during the lease term shall vest in the lessee, with PNC Equipment Finance perfecting a first security interest AUTHORIZED SIGNORS: The lessee's governing board shall provide PNC Equipment Finance with its resolution or ordinance authorizing this agreement and shall designate the individual(s) to execute all necessary documents used therein.

LEGAL OPINION: The lessee's counsel shall furnish PNC Equipment Finance with an opinion covering this transaction and the documents used herein. This opinion shall be in a form and substance satisfactory to PNC Equipment Finance.

VOLUNTEER FIRE DEPARTMENTS: If Lessee is a Volunteer Fire Department, a public hearing under the requirements of Section 147(f) of the Internal Revenue Code of 1986 shall be conducted to authorize this transaction. It is recommended that a notice of the public hearing be published 10 to 14 days in advance of the public hearing.

This proposal will be valid for Seven Days (7) from the above date and is subject to final credit approval by PNC Equipment Finance and approval of the lease documents in PNC Equipment Finance's sole discretion. To render a credit decision, lessee shall provide PNC Equipment Finance with their most recent three years' audited financial statements, copy of their most recent interim financial statement, and current budget.

Accepted by:____________________________________ Proposal submitted by _____________________

11.e
Packet Pg. 110 Attachment: Barstow Fire Protection District Pumper (5644 : Allocation of Funds for Equipment To:

Attn:

E-Mail:

Qty Unit Description Price Extension
15 Ea Scott - p/n X8814N25305303 / Air Pack X3-PRO (2018 Edition) Aluminum Back frame with Standard Padded Kevlar Harness, CGA, 4500 psig, E-Z Flo+ Quick Connect CBRN Regulator Hose with HUD and Rectus Fitting, UEBSS with Rectus Fittings, Pass Console with Pac-Tracker, RIC/UAC Connections and Rescue Belt (Less Cylinder, Mask, Voice Amp, Case & Spare Harness) $8,267.62 $124,014.30
30 Ea Scott - p/n 804722-01 / Cylinder, 4500 psig 45 Minute, Cylinder with CGA Valve Assembly
$1,397.02 $41,910.60
Terms: Net 30
FOB: Destination (Free Shipping on complete order Only) Delivery: 16-18 Weeks ARO or Sooner
Subtotal $165,924.90

7.750% $12,859.18
S & H $0.00
Total $178,784.08
Per your request, we are pleased to quote on the following. [email protected]
Barstow FD
Travis Espinoza
April 1, 2024
Sales Quote
12328 Lower Azusa Rd, Arcadia, California 91006 * Phone 626-652-0900 Fax 626-652-0920 Must be purchased
on or before 7-1-24

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11.f
Packet Pg. 111 Attachment: FY2425 FIRE SCBA Quote (5644 : Allocation of Funds for Equipment Purchases) Regular Meeting
05/20/24 05:30 PM
City Clerk / Records
Maribel Hernandez
Report
Doc ID: 5656

AGENDA ITEM
AGENDA MATTER:

CITY MANAGER'S APRIL 2024 UPDATE
EXECUTIVE SUMMARY:

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

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Receive and file.
12 Packet Pg. 112
Message from Andrew Espinoza, Jr., Interim City Manager APRIL 2024 CITY MANAGER UPDATE
In April, a group consisting of Executive staff, a BNSF spokesperson, and myself journeyed to the State Capitol in Sacramento for discussions with various State Departments. The meetings centered on the BNSF project's impact on the community, current challenges, and business diversification in retail, military, mining, and tourism sectors. Additionally, we explored upcoming ventures like the Brightline West high-speed rail system and a casino project. Requests were made for support in advancing housing tracts, infrastructure enhancements, and Main Street upgrades. Concerns were raised regarding CARB locomotive emissions regulations.

The departments we met with were:

State Treasurer
Office of Planning and Research
and Strategic Growth Council
State Transportation Authority
Department of Consumer Affairs
and Housing
Workforce Development Board
I would like to extend my personal gratitude to everyone who reached out to elected officials and CARB to express opposition to this decision. We've received reports that CARB has been inundated with calls on this matter, and numerous comments have been submitted in disagreement with the action. The Barstow City Council has also voiced their strong opposition by unanimously passing a resolution against CARB's proposal. To maintain the momentum against CARB, I want to assure you that although the battle is not yet finished, progress is being made.

Andrew Espinoza Jr.

Interim City Manager

12.a
Packet Pg. 113 Attachment: CM April 24 (5656 : City Manager's April 2024 Update) The Council engaged with the community through various events, Council Meetings, and Workshops, demonstrating their dedication to addressing important issues.

12.a
Packet Pg. 114 Attachment: CM April 24 (5656 : City Manager's April 2024 Update)

ENVIROMENTAL SERVICES
New Happenings:
• Pursuant to SB 1383, Burrtec is now conducting Route Review Audits at least once per year of residential waste containers as part of the required Container Contamination Minimization Program. We want to ensure that our community is informed about this important aspect of the regulations.

Here are some important details regarding the Route Reviews:

Pre-audit Notification: Before conducting route reviews, Burrtec will send out postcards notifying residents of the upcoming audits.

Audit Process: During the review, Burrtec's designated personnel will open the lids of residents’ trash, recycle, and organics barrels to visually assess whether the contents are correctly sorted and disposed of according to the state guidelines.

Tagging System: If the review finds any contamination/ improper sorting, a tag will be left on the container. No Fines will be issued by the city as part of the audits; the tags are for education purposes to help residents avoid future contamination that may prompt additional service fees.

It is essential that we all work together to maintain a clean and sustainable environment. Proper waste disposal plays a crucial role in achieving this goal. We appreciate the community’s cooperation and thank you for helping us adhere to State Mandate SB 1383.

In the Pipeline:
• Our EcoHero partners have developed a fun new way to teach kids about composting and food recovery – The Methane Ghost Comic Book! Staff will be ordering copies of the comic books to be distributed to schools, the library, and City Hall.

CODE COMPLIANCE
Did You Know?
Q: Is a permit needed for installing a water heater in your home? Yes! Installing a new water heater in your main residence or rental property necessitates obtaining a permit from the Building Department at City Hall. As per BMC 15.08.010, all building codes are enforced by the city—consult the 2022 CA Mechanical Code for details.

12.a
Packet Pg. 115 Attachment: CM April 24 (5656 : City Manager's April 2024 Update)

PLANNING
Commercial Projects
860 W Main St—Fire Rehab
222 E Main St—TI
1523 E Main St— Commercial TI
2611 Fisher Blvd—New EV Charging Station
Shell—490 Armory Rd—Building Structure & Fuel Tanks
110 Coolwater Ln—New EV Charging Station
Hampton Inn—2710 Lenwood Rd—Commercial TI
Starbucks—1540 E Main St—Building in progress
1307 E Main St—Commercial TI
1540 E Main St—Burger King
801 E Mountain View St—Trash Enclosure
600 W Main St—Fire Damage Rehab
2641 W Main St—Generator Installation
150 Yucca Ave—Water Heater Pumps & Electrical Upgrades
1601 Armory Rd—Parking Lot Grading & New Lights
1540 E Main St—Startbucks TI
Several Encroachment Permits throughout the city (Verizon, Spectrum, and SWG) still in progress (paving restoration)
The IT department is dedicated to handling help desk work orders, audio/visual needs, social media updates, and various other technology-related tasks, all while overseeing multiple projects.

Current Projects:

Implementation of Crime Statistics
Cashiering System Upgrade
Utility Billing System Upgrade
Police Department Renovations
Network Infrastructure Upgrades for FY24 Q3
Asset Management System Upgrade and Implementation
NG911 Implementations
Upcoming Projects:

EPL Implementation
ERP Implementation
Major Version Upgrades for Public Safety Suite
IT Department

12.a
Packet Pg. 116 Attachment: CM April 24 (5656 : City Manager's April 2024 Update) POLICE
April 14-20th marked National Public Safety Telecommunicator’s Week! We extend our gratitude to our exceptional dispatchers for their dedication in safeguarding our community and officers. Your unwavering compassion and commitment to the Barstow Police Department and the City of Barstow are truly appreciated!
We express our gratitude to our community for
participating in today's Coffee with a Cop event
and getting to know their Barstow Police Officers.

It was truly wonderful to share insights and have
meaningful conversations.

Special thanks to Six Beans Coffee for hosting,
and our partners at Barstow Sheriff’s
Department and Barstow CHP for their
presence!
Keep an eye out for upcoming events. Together,
we are dedicated to protecting our community!
We were privileged to participate in the
Ninth Annual National Crime Victim’s Rights
Week Memorial at Victor Valley College on
Thursday, April 25, 2024. This memorial
serves to promote victims' rights by
commemorating crime victims and those
who support them. Additionally, this
significant event offers essential services
and resources to victims and survivors
present.

12.a
Packet Pg. 117 Attachment: CM April 24 (5656 : City Manager's April 2024 Update) Battalion Chief Espinoza participated in EXP Industry Coaching Program at Barstow and Central High Schools
Fire Chief Nick DiNapoli announced his retirement
Barstow Fire Protection District and American Towing hosted and facilitated Auto Extrication Training for the Silver Valley Fire Alliance (Participating Fire Departments San Bernardino County, Marine Corp Logistics Base, Yermo, Daggett, Newberry Springs, Fort Irwin, Barstow Fire Protection District)
Succession Training Conducted Fire Engineer refresher and prepatory Workshop Barstow Fire Protection District and American Towing hosted and facilitated Auto Extrication Training for the Silver Valley Fire Alliance
Succession Training Conducted Fire Engineer refresher and prepatory Workshop Conducted Probationary Employee Testing-Firefighter Paramedic Bode (6 month)/ Firefighter Robledo (1 year)/Firefighter Witson (1 Year)
Attended Marriot Ribbon Cutting
Attended in Earth Day Event
Completed OSHA required FIT Testing for Respiratory Protection and Equipment Monthly Training Hours-576
Barstow Fire Protection District

12.a
Packet Pg. 118 Attachment: CM April 24 (5656 : City Manager's April 2024 Update)

PUBLIC WORKS DEPARTMENT
Park/Open Spaces
The Parks/Open Spaces Department had the chance to test the Zero Emission Equipment Roadshow trailer, specifically the Commercial Lawn & Garden Equipment. What does this involve? The trailer is equipped with electric landscape tools, eliminating the need for fuel.

Through the CARB ZEE Roadshow program, cities can experiment with noncombustible landscape tools. The trailer features five electric commercial tools from various manufacturers, each offering two battery options: a slide-in cartridge battery for small tasks and a backpack battery for larger areas like parks.

What are the advantages of using noncombustible tools?
Environmentally Friendly
Reduced Noise Pollution
Lower Operating Costs
Lightweight and User-Friendly
Enhanced Safety
Throughout this week, park staff have been evaluating these tools to determine the most suitable options for future purchases by the Parks/Open Spaces Department.

12.a
Packet Pg. 119 Attachment: CM April 24 (5656 : City Manager's April 2024 Update)

FINANCE
Street maintenance has been engaging in collaborative efforts with different departments for multiple projects. One notable example is our significant contribution to Facility Maintenance's renovation of the Police Department, Jasper Park, and support for Henderson Pool cleaning. Jason Miller our Field Services Supervisor has been carefully strategizing his operations to aid other departments. See below for images showcasing the demolition of interior walls at Jasper Park.

Street Maintenance
Fleet Maintenance
The fleet staff continued with their routine service and repair duties. Patrol vehicle 9091 encountered substantial engine issues. The choice to replace the engine depends on the funding allocated for FY 24/25. The Fleet Supervisor is working closely with finance in the budget planning phase.

12.a
Packet Pg. 120 Attachment: CM April 24 (5656 : City Manager's April 2024 Update) Facility Maintenance Update
The Facility Maintenance team has been hard at work completing the remodeling project at P.D.

To accommodate this, the dispatchers have been relocated to a temporary space until the new dispatcher's room is ready. Contractors have been enlisted to help with tasks such as flooring, mudding, taping, texturing, and installing glass in the new administrative offices. Everyone is working to meet the tight deadlines.

12.a
Packet Pg. 121 Attachment: CM April 24 (5656 : City Manager's April 2024 Update) Seeking Vendors for 4th of July Celebration!
If you are interested, please contact the Cora Harper Community Center at 760.256.5617. The deadline for applications is June 3rd, 2024.

PARK & REC DEPARTMENT
Looking for a
Summer Job?
Give us a call!

12.a
Packet Pg. 122 Attachment: CM April 24 (5656 : City Manager's April 2024 Update)

Barstow City CouncilMay 20, 2024

Barstow City Council
May 20, 2024