REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JULY 15, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA
REGULAR MEETING
Agenda-July 15, 2024
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
CLOSED SESSION 6:00 PM
CALL TO ORDER - CLOSED SESSION:
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-July 15, 2024
PUBLIC COMMENT - CLOSED SESSION: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC
TO ADDRESS THE GOVERNING BOARD ON MATTERS ON THE CLOSED SESSION AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
CLOSED SESSION AGENDA ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL; INITIATION OF LITIGATION Recommended Action:
Conference with Legal Counsel; Initiation of Litigation (Gov't Code section 54956.9(d)(4))
Number of Potential Cases: 1
REPORT OF CLOSED SESSION:
INVOCATION:
CALL TO ORDER - REGULAR MEETING 7:00 PM (or immediately following adjournment of Closed Session if adjourned after 7:00 PM):
PLEDGE OF ALLEGIANCE:
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 INCLUDING
ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER
REQUEST CARD AND HANDING IT TO THE CITY CLERK PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE WILL REMEMBER THE "CODE OF ETHICS" THAT WE VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH PATIENCE, CIVILITY, AND COURTESY. THE DECISIONS
MADE TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW COMMUNITY AND NOT FOR PERSONAL GAIN.
REVIEW AND APPROVAL OF AGENDA: THIS IS THE TIME FOR MEMBERS OF THE GOVERNING BOARD TO CALL FOR REARRANGING THE ORDER OF THE AGENDA; ADDING ITEMS TO OR REMOVING ITEMS FROM THE AGENDA; OR REMOVING ITEMS FROM THE CONSENT CALENDAR FOR DISCUSSION AND/OR SEPARATE ACTION. ITEMS MAY ONLY BE ADDED TO THE AGENDA AS ALLOWED BY STATE LAW, INCLUDING GOVERNMENT CODE SECTION 54954.2, SUBDIVISION (B),
ALLOWING EMERGENCY ITEMS TO BE ADDED BY MAJORITY VOTE AND ALLOWING ITEMS THAT AROSE TO THE CITY’S ATTENTION AFTER THE AGENDA POSTING DEADLINE, BUT WHICH REQUIRE
IMMEDIATE ACTION, TO BE ADDED BY A TWO-THIRDS VOTE OF THE COUNCIL MEMBERS PRESENT
AT THE MEETING, OR, IF LESS THAN TWO-THIRDS OF THE COUNCIL MEMBERS ARE PRESENT, A UNANIMOUS VOTE OF THOSE MEMBERS PRESENT.
Agenda-July 15, 2024
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 REGULAR MEETING - JUNE 17, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
3. MINUTES SPECIAL MEETING - JUNE 26, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
ACCOUNTS PAYABLE ALL AGENCIES:
CITY COUNCIL:
4. ACCEPTANCE OF THE FY 2022 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANT
GRANT (JAG) AWARD AS A SUB-RECIPIENT THROUGH THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT, OFFICE OF EMERGENCY SERVICES.
Recommended Action:
Authorize staff to accept the sub-recipient award of the FY2022 Edward Byrne Memorial Justice Grant (JAG) in the amount of $20,252 and to appropriate funds in the amount of $20,252 to account numbers as follows:
1. 2022 JAG
a. Expenditure - 218.218.218.07.726
5. ACCEPTANCE OF THE FY 2024/2025 CANNABIS TAX FUND GRANT PROGRAM (CTFGP) AWARD AS A SUB-RECIPIENT THROUGH THE CALIFORNIA HIGHWAY PATROL.
Recommended Action:
Authorize staff to accept the sub-recipient award of the FY 2024/2025 Cannabis Tax Fund Grant Program (CTFGP) award in the amount of $220,000 and to appropriate funds in the amount of $220,000 to account numbers as follows:
1. 2024/2025 CTFGP Grant
a. Expenditure - 218.218.218.07.748
6. SECOND ADOPTION OF THE BARSTOW FIRE PROTECTION DISTRICT'S FINAL ANNUAL BUDGET FOR FY 2024/25 PURSUANT TO HEALTH AND SAFETY CODE SUBSECTION 13893
Recommended Action:
Staff recommends, pursuant to the Health and Safety Code requirements, the Barstow Fire Protection District's Board approve Resolution No. ______-2024 adopting the Final Barstow Fire Protection District Annual Budget for Fiscal Year 2024/25 (Attachment A) and waive the full reading.
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).
Agenda-July 15, 2024
PUBLIC HEARINGS:
7. LIEN PROTEST HEARING FOR DELINQUENT TRASH & SEWER ACCOUNTS Recommended Action:
Staff recommends the City Council:
1. Conduct a protest hearing and subject to testimony received, adopt Resolution No. ____-2024 and waive further reading.
2. Where necessary and relevant, direct staff to resolve any conflicts with protest owners before the final lien and/or property tax assessment list is filed with San Bernardino County. Additionally, authorize staff to remove any properties from the lien and assessment listings should delinquent fees be paid prior to the filing of the final lien list with San Bernardino County.
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
8. A RESOLUTION AUTHORIZING THE EXECUTION OF A MASTER LEASE-PURCHASE
AGREEMENT AND RELATED DOCUMENTS WITH HOLMAN CAPITAL FOR THE
LEASE/PURCHASE OF A ENFORCER PIERCE ULTIMATE CONFIGURATION PUMPER FIRE ENGINE, AND THE LEASE/PURCHASE OF A BME INTERNATIONAL TYPE # 3 BRUSH TRUCK.
Recommended Action:
Staff recommends the City Council:
1. Approve BFPD Resolution XX-2024 authorizing the Barstow City Council to execute the Master Lease-Purchase Agreement and related documents with Holman Capital to finance the acquisition of a Pierce Fire Engine, and the BME International Brush Truck with a cost not to exceed a total of $1,700,000 collectively, as defined in the Discussion Section of this staff report.
9. DESIGNATION OF CITY OF BARSTOW REPRESENTATIVES FOR SAN BERNARDINO
COUNTY HOMELESS PARTNERSHIP AND DESERT REGIONAL STEERING COMMITTEE,
INTERAGENCY COUNCIL ON HOMELESSNESS, AND CONTINUUM OF CARE BOARDS Recommended Action:
Designate, by Minute Action, a City of Barstow Representative, and Alternate, for the San Bernardino County Homeless Partnership and its Desert Regional Steering Committee, Interagency Council on Homelessness, and Continuum of Care Boards.
10. FIRST READING AND INTRODUCTION OF AN ORDINANCE OF THE CITY OF BARSTOW AMENDING CHAPTER 2.24 REGARDING THE PLANNING COMMISSION; AND ADOPT RESOLUTION NO. ____-2024, AMENDING PREVIOUSLY ESTABLISHED RULES FOR THE
CONDUCT OF PLANNING COMMISSION MEETINGS, PROCEEDINGS AND BUSINESS AND REPEALING PLANNING COMMISSION RESOLUTION 467
Recommended Action:
The Rules and Policies Committee recommends the City Council adopt Ordinance No. ___-2024 to approve amendments to the Barstow Municipal Code and to adopt Resolution No.____-2024 and repeal Planning Commission Resolution No. 467, all amending the Planning Commission’s rules and regulations.
11. SURPLUS LAND ACT DESIGNATION: APNS: 0181-011-17-0000, 0181-011-18-0000, 0182- 011-10-0000, 0182-011-11-0000, 0182-011-12-0000, 0182-011-14-0000, 0182-011-15-0000, 0182-011-16-0000, 0182-011-17-0000, 0182-011-18-0000, 0182-011-19-0000, 0182-011-21- 0000, 0182-011-22-0000, 0182-011-23-0000, 0182-011-24-0000, 0182-011-25-0000, 0182-011- 26-0000, 0182-011-27-0000, 0182-012-01-0000, 0182-012-02-0000, 0182-012-08-0000, 0182- 012-09-0000, 0182-012-10-0000, 0182-012-36-0000, 0182-012-37-0000, 0182-012-39-0000, 0182-012-43-0000, 0182-012-44-0000, 0182-012-52-0000
Recommended Action:
Staff recommends the City Council adopt a Resolution declaring the listed properties surplus, Agenda-July 15, 2024
finding this declaration exempt from review under the California Environmental Quality Act, 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.
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:
COUNCIL COMMITTEE REPORTS:
BUSINESS OF THE COUNCIL:
ADJOURNMENT:
Individuals electing to later challenge any items listed herein will be limited to addressing only those issues raised at any public hearing or in written correspondence received by the Governing Board prior to the meeting.
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 10th day of July, 2024.
Andrew Espinoza Jr., Interim City Manager
Cory Cisneros, Acting Fire Chief
Paul Anthony Courtney, Mayor/BFPD Chair
Regular Meeting
07/15/24 06:00:PM
Maribel Hernandez
Doc ID: 5713
CLOSED SESSION AGENDA ITEM
AGENDA MATTER:
CONFERENCE WITH LEGAL COUNSEL; INITIATION OF LITIGATION EXECUTIVE SUMMARY:
DISCUSSION:
FISCAL IMPACT:
RECOMMENDED ACTION:
Conference with Legal Counsel; Initiation of Litigation (Gov't Code section 54956.9(d)(4))
Number of Potential Cases: 1
1 Packet Pg. 6
Regular Meeting
07/15/24 06:00 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5711
AGENDA ITEM
AGENDA MATTER:
MINUTES REGULAR MEETING - JUNE 17, 2024, AT 6:00 P.M.
EXECUTIVE SUMMARY:
DISCUSSION:
FISCAL IMPACT:
none
RECOMMENDED ACTION:
Approve minutes as presented.
2 Packet Pg. 7
REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JUNE 17, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
REGULAR MEETING
Minutes-June 17, 2024
CALL TO ORDER - CLOSED SESSION:
MAYOR COURTNEY called the Closed Session meeting to order at 6:01 P.M.
PLEDGE OF ALLEGIANCE:
COUNCILMEMBER KRUSE led the pledge of allegiance.
INVOCATION:
MAYOR PRO TEM NOBLE gave the invocation.
ROLL CALL:
Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse Council Member Present
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Present
Carmen Hernandez Council Member Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING
ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HAND TO THE CITY CLERK. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE WILL REMEMBER THE "CODE OF ETHICS" THAT WE VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH PATIENCE, CIVILITY AND COURTESY. THE DECISIONS
MADE TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW COMMUNITY AND NOT FOR PERSONAL GAIN.
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Attachment: 06.17.2024 Final (5711 : Minutes Regular Meeting June 17, 2024 6:00 PM) Minutes-June 17, 2024
PUBLIC COMMENT - CLOSED SESSION: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC
TO ADDRESS THE GOVERNING BOARD ON MATTERS ON THE CLOSED SESSION AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
SPEAKERS:
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Expressed concerns with the items listed in Closed Session and the cost.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Inquired if the attorney can be held responsible for not protecting the city.
MOTION TO GO INTO CLOSED SESSION:
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
CLOSED SESSION AGENDA ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL: POTENTIAL FOR LITIGATION AGAINST THE CITY 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: 2
2. CONFERENCE WITH LEGAL COUNSEL; INITIATION OF LITIGATION Recommended Action:
Conference with Legal Counsel; Initiation of Litigation (Gov't Code section 54956.9(d)(4))
Number of Potential Cases: 1
REPORT OF CLOSED SESSION:
CITY ATTORNEY MATTHEW SUMMERS reported the following:
- Stated the City Council met in Closed Session to consider two items.
Item 1 - Potential for litigation against the City, and took reportable action on two.
The City conducted a fact finding investigation regarding a report of sexual harassment made against Council Member Rose and a former employee and found that the allegations were not sustained.
Item 2 - Initiation of litigation regarding report of sexual harassment against a former employee The City Council met in Closed Session to consider one item, regarding Anticipated Litigation.
Direction was provided to the Council and staff and no reportable action was taken.
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Attachment: 06.17.2024 Final (5711 : Minutes Regular Meeting June 17, 2024 6:00 PM) Minutes-June 17, 2024
INVOCATION:
MAYOR PRO TEM NOBLE gave the invocation.
CALL TO ORDER - REGULAR MEETING 7:00 PM (or immediately following adjournment of Closed Session if adjourned after 7:00 PM):
MAYOR COURTNEY called the Regular Meeting to order at 7:00 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 Present
Marilyn Dyer Kruse Council Member Present
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Present
Carmen Hernandez Council Member Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING
ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HAND TO THE CITY CLERK. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE WILL REMEMBER THE "CODE OF ETHICS" THAT WE VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH PATIENCE, CIVILITY AND COURTESY. THE DECISIONS
MADE TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW COMMUNITY AND NOT FOR PERSONAL GAIN.
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.
Motion by COUNCIL MEMBER HERNANDEZ, seconded by MAYOR PRO TEM NOBLE, and unanimously carried, to approve the agenda pulling item 12 for discussion.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
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Attachment: 06.17.2024 Final (5711 : Minutes Regular Meeting June 17, 2024 6:00 PM) Minutes-June 17, 2024
PRESENTATIONS:
3. AFTER-EVENT REPORT AND PRESENTATION BY DOS COSTAS COMMUNICATIONS
CORPORATION
Recommended Action:
After-event report and presentation only.
MANNY LOPEZ, DOS COSTAS COMMUNICATIONS
- Thanked all the staff and all that donated and provided items for the Chili Cook Off event.
RESULT: PRESENTATION ONLY
CONSENT CALENDAR PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE GOVERNING BOARD ON ALL MATTERS ON THE CONSENT CALENDAR.
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:
4. MINUTES CC BFPD - APRIL 1, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
5. MINUTES OF APRIL 9, 2024 COUNCIL GOALS WORKSHOP
Recommended Action:
Approve the minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
6. MINUTES REGULAR MEETING - APRIL 15, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
7. MINUTES SPECIAL MEETING - APRIL 29, 2024, AT 5:30 P.M.
Recommended Action:
Approve minutes as presented.
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Attachment: 06.17.2024 Final (5711 : Minutes Regular Meeting June 17, 2024 6:00 PM) Minutes-June 17, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
8. MINUTES CC BFPD - MAY 6, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
9. MINUTES OF MAY 20, 2024 BUDGET WORKSHOP
Recommended Action:
Approve the minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
10. MINUTES REGULAR MEETING - MAY 20, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
11. MINUTES CC BFPD - JUNE 3, 2024, AT 6:00 P.M.
Recommended Action:
Approve minutes as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
ACCOUNTS PAYABLE ALL AGENCIES:
CITY COUNCIL - CONSENT:
12. LABORATORY SERVICES - PROFESSIONAL SERVICE CONTRACT Recommended Action:
Staff recommends that the City Council:
1) Approve the scope and fee with Babcock Laboratories, Inc. Laid out in the bid for the bid
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Attachment: 06.17.2024 Final (5711 : Minutes Regular Meeting June 17, 2024 6:00 PM) Minutes-June 17, 2024
amount of $99,567.00 (per year) for the testing of water and wastewater samples and field services.
2) Authorize the City Manager or designee the authority to sign the agreement.
PLANT SUPERINTENDENT, WESLEY GARRISON
- Presented the staff report as filed with the City Clerk’s Office.
COUNCIL MEMBER HERNANDEZ
- Said the item was pulled so that the residents could be informed as to why the city needs to provide these services.
SPEAKERS:
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked that staff inquire about the status of testing.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Carmen Hernandez
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
13. APPROVAL OF RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR
THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF LAWS OF THE STATE OF CALIFORNIA TO GENERAL LAW CITIES.
Recommended Action:
Adopt Resolution No. 5162-2024, calling and giving notice for the General Municipal Election to be held on November 5, 2024, to fill five (5) elected official vacancies within the City of Barstow and to waive the full reading.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO §10403 OF THE ELECTIONS CODE.
Recommended Action:
Adopt Resolution No. 5163-2024 requesting the Board of Supervisors of the County of San Bernardino to consolidate Barstow’s General Municipal Election with the Statewide General Election on November 5, 2024, to fill five (5) elected official vacancies to be conducted by the San Bernardino County Registrar of Voters and to waive the reading.
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Attachment: 06.17.2024 Final (5711 : Minutes Regular Meeting June 17, 2024 6:00 PM) Minutes-June 17, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024
Recommended Action:
1. Adopt Resolution No. 5164-2024 adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election to be held on Tuesday, November 5, 2024, and waive the full reading.
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
BUSINESS/ACTION ITEMS:
PUBLIC HEARINGS:
16. APPROVAL OF ANNUAL 2024/2025 APPROPRIATIONS LIMIT
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Approve the annual 2024/2025 appropriations limit, which is calculated using the change in County population and the change in growth in California personal income, which are determined by the State of California, Department of Finance.
2. Adopt Resolution No. 5165-2024, establishing the appropriations limit for FY 2024/2025, by title only and waive the reading.
FINANCE DIRECTOR, SYDNIE HARRIS
- Stated that Items 16 - 18 would be considered in one public hearing as they are all related to the Fiscal Year 2024-2025 Budget.
- Presented the staff report as filed with the City Clerk's office.
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 7:23 P.M.
SPEAKERS:
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked how much money has been invested.
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 7:29 P.M.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
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Attachment: 06.17.2024 Final (5711 : Minutes Regular Meeting June 17, 2024 6:00 PM) Minutes-June 17, 2024
17. APPROVAL OF BARSTOW FIRE DISTRICT APPROPRIATIONS LIMIT FOR FY 2024/2025 Recommended Action:
Staff recommends that the Barstow Fire Protection District’s Board take the following actions:
1. Approve the annual 2024/2025 appropriations limit, which is calculated using the change in the growth in California personal income and the change in population growth of the City/County, which are determined by the State of California.
2. Adopt BFPD Resolution No. 5166-2024, establishing the appropriations limit for Fiscal Year 2024/2025, by title only and waive the reading.
FINANCE DIRECTOR, SYDNIE HARRIS
- Presented the staff report as filed with the City Clerk's office.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
18. FY 2024/2025 INVESTMENT POLICY FOR THE CITY OF BARSTOW Recommended Action:
Adopt the Investment Policy and Resolution No. 5167-2024 of the City of Barstow for FY 2024/2025.
FINANCE DIRECTOR, SYDNIE HARRIS
- Presented the staff report as filed with the City Clerk's office.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
19. CONSIDERATION OF APPROVAL OF THE FISCAL YEAR 2024/2025 PROPOSED
OPERATING AND CAPITAL IMPROVEMENT BUDGET
Recommended Action:
Staff recommends that the City Council and Barstow Fire Protection District Board take the following actions:
1. That City Council approve the Fiscal Year 2024/2025 Proposed Operating and Capital Improvement Budget for the City in the amount of $56,995,623 and adopt the attached Joint Resolution No. 5168-2024 (Attachment B), approving the Proposed Budget (Attachment A), including any City Council amendments (if any), and excluding the Barstow Fire Protection District Budget – Fund 225, and waive the full reading.
2. That the Fire Protection District Board approve and adopt a preliminary budget for the Barstow Fire Protection District in the amount $7,003,579 and adopt the attached Joint Resolution No. 5168-2024 (Attachment B), approving and adopting the preliminary Budget (Attachment A) as submitted pursuant to Health & Safety Code Section 13893(a)(1) and waive the full reading.
FINANCE DIRECTOR, SYDNIE HARRIS
- Presented the staff report as filed with the City Clerk's office.
MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 7:42 P.M.
NO PUBLIC COMMENTS
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 7:42 P.M.
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Attachment: 06.17.2024 Final (5711 : Minutes Regular Meeting June 17, 2024 6:00 PM) Minutes-June 17, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
20. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA, AMENDING AND ESTABLISHING SPECIFIED FEES FOR CITY SERVICES (FY 2024/2025) Recommended Action:
Staff recommends that City Council adopt the attached Resolution No. 5169-2024 amending and establishing the Master Fee Schedule for Fiscal Year 2024/2025, and waive the full reading.
FINANCE DIRECTOR, SYDNIE HARRIS
- Presented the staff report as filed with the City Clerk's office.
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Added that fees in Park and Recreation were updated to make the fees feasible.
COUNCIL MEMBER ROSE
- Glad to see the fees for field use have been adjusted but concerned with the fees of the Harvey House.
COUNCIL MEMBER HERNANDEZ
- Is in agreement with lowering the Harvey House fees and appreciates the adjustment of fees of the Sports Park fields.
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Recommending to council to adjust single day fee use for Harvey House at $750 It was the consensus of the Council to adjust the fees for the use of the Harvey House.
CITY CLERK ANDREA FLORES NOTED THE PUBLIC HEARING OPENED AT 7:59 P.M.
SPEAKERS:
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked why there was not a presentation on the changes.
TIM SILVA, BARSTOW, CALIFORNIA
- Glad to hear staff is adjusting the fees for use of the Harvey House and inquired about contract services and the fees for Real Estate business license.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Thanked staff for the presentation that was easy to follow.
CITY CLERK ANDREA FLORES NOTED THE PUBLIC HEARING CLOSED AT 8:04 P.M.
MOTION by COUNCIL MEMBER HERNANDEZ, second by MAYOR COURTNEY to approve the proposed the fee schedule as amended to adjust the fee for the Harvey House for one - day fee of $750.
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Attachment: 06.17.2024 Final (5711 : Minutes Regular Meeting June 17, 2024 6:00 PM) Minutes-June 17, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
BUSINESS/ACTION ITEMS:
CITY COUNCIL - ACTION:
21. AWARD OF CONTRACT WITH SPECPRO FOR ANIMAL SERVICES AND SHELTER
OPERATIONS
Recommended Action:
Approve the Agreement for Animal Shelter and Control Services with SpecPro, and authorize the City Manager to execute the agreement not to exceed $717,801 for the term of 6 months and reevaluate the contract in 6 months.
Staff Recommends that the City Council take the following actions:
1. Approve a contract with SpecPro
2. Authorize the City Manager or designated representative to sign the contract.
INTERIM CITY MANAGER, ANDREW ESPINOZA
- Presented the staff the report as filed with the City Clerk's office.
SPEAKERS:
CITY CLERK ANDREA FLORES
- Stated the one letter was received by the City which was provided to the Council and would be added to the record.
DIANNE BRYANT, BARSTOW, CALIFORNIA
- Asked that the city negotiates with the Barstow Humane Society (BHS).
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Said it's not the City Manager's fault and this has been an ongoing problem for years.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Said the Marriott money could have been used for Animal Services.
TERRI TANK, BARSTOW, CALIFORNIA
- Spoke about Animal Control and contract and asked how is that supposed to be the highest.
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Had several questions and spoke of nonprofit coming to assist the community and is also in agreement to allow BHS to submit a proposal.
KATHY KINDLER, Board Member on the Humane Society
- Spoke of the cancellation of the BHS contract with the City.
TIM SILVA, BARSTOW, CALIFORNIA
- Spoke of the services listed in the proposal and where it is listed on the budget.
TED WEASMA, BARSTOW, CALIFORNIA
- His interpretation said it was a lack of communication.
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Attachment: 06.17.2024 Final (5711 : Minutes Regular Meeting June 17, 2024 6:00 PM) Minutes-June 17, 2024
CLAUDIA RAMIREZ, BARSTOW, CALIFORNIA
- Concerned with the community cats and would like to see spay and neuter services.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Spoke about the cancellation of the BHS contract.
RODNEY BRAND, BARSTOW, CALIFORNIA
- Spoke of the history of Animal Services.
It was the consensus of the Council to table item and hold a Special Meeting on June 26, 2024 to allow staff to negotiate with Barstow Humane Society and SpecPro and bring back both proposals for Council review and approval.
Motion by MAYOR PRO TEM NOBLE , Second by MAYOR COURTNEY.
RESULT: TABLED Next: 6/26/2024 6:00 PM
22. APPROVAL OF AMENDED AND RESTATED LEGAL SERVICES AGREEMENT WITH
COLANTUONO, HIGHSMITH & WHATLEY, PC
Recommended Action:
The City Manager recommends the City Council approve a proposed amended and restated legal services agreement with Colantuono, Highsmith & Whatley, PC, maintaining current City Attorney Matthew Summers and adjusting the rates as stated therein.
INTERIM CITY MANAGER, ANDREW ESPINOZA JR., AND CITY ATTORNEY MATTHEW
SUMMERS
- Presented the staff the report as filed with the City Clerk's office.
MAYOR PRO TEM NOBLE
- Inquired if there will be additional cost for having representation at the Planning Commission meeting.
CITY ATTORNEY MATTHEW SUMMERS
- Responded to the question and clarified that the cost of representation at the Planning Commission meetings is covered under General Services.
COUNCIL MEMBER ROSE
- Said the increase in moderate and thanked city attorney for his services.
SPEAKERS:
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke of the failed projects and concerned about representative on special projects.
RESULT: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose
NAYS: Hernandez
ABSTAIN: Courtney
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Attachment: 06.17.2024 Final (5711 : Minutes Regular Meeting June 17, 2024 6:00 PM) Minutes-June 17, 2024
BREAK:
MAYOR COURTNEY called for a break at 9:51 P.M.
The meeting resumed at 9:58 P.M. with all members present and public comment resumed.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asked question regarding legal participation on legal projects.
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.
ET SNELL, NEWBERRY SPRINGS CALIFORNIA
- Asked if he could have his tripod back.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked when the Street Committee meeting will be.
BILL JOHNSON, BARSTOW, CALIFORNIA
- Spoke of expanding the Senior Center to offer more services.
LEONARD WILLIAMS, BARSTOW CALIFORNIA
- Invited all to attend the Resource Fair on June 27 and asked why the City is extending the vendor sign up for July 4th event.
ANNA FUZIE, BARSTOW, CALIFORNIA
- Inquired about Measure Q funding and about replacing the AC unit.
TIM SILVA, BARSTOW, CALIFORNIA
- Thanked staff for the weed removal in the city and asked why the Humane Society did not submit a proposal.
KENYANDZ REDDY, BARSTOW CALIFORNIA
- Spoke of a home fire and theft of her vehicle and the lack of resources available in the city.
TED WEASMA, BARSTOW CALIFORNIA
- Spoke of the lively discussion on item 21 and the personal attacks on item 22.
MARSHA WEASMA, BARSTOW, CALIFORNIA
- Asked that staff work with the Humane Society and asked for information on Measure Q meeting.
RODNEY BRAND, BARSTOW, CALIFORNIA
- Spoke of the Humane Society and other organizations in the city to assist with pets.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Inquired about the details of the investigation.
JIM BROWN, BARSTOW, CALIFORNIA
- Commended the Mayor for speaking up and inquired about body worn camera.
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Attachment: 06.17.2024 Final (5711 : Minutes Regular Meeting June 17, 2024 6:00 PM) Minutes-June 17, 2024
STAFF REPORTS:
None.
PUBLIC SAFETY UPDATES:
None.
CITY MANAGER UPDATES:
23. CITY MANAGER'S MAY 2024 UPDATE
Recommended Action:
Receive and file.
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Answered questions asked of the residents.
Tripod will not be allowed due to past behavior.
Rules and Policies did have a meeting.
Street Committee will be rescheduled to August.
Staff will contact the Senior Center.
Discussed the issues with the 4th of July event and that is the reason for the time extension of vendors.
Said there is no evidence of the comments made by Mr. Brown.
RESULT: PRESENTATION ONLY
COUNCIL COMMITTEE REPORTS:
COUNCIL MEMBER ROSE
- Rules and Policies meets on June 25th 9am.
- Homeward Bound will meet on July 10th at 5pm.
MAYOR PRO TEM NOBLE
- Military Affairs meeting will be on July 9th.
- VVTA meeting will be on July 15th and added that Barstow fueling station was awarded 13 million for improvements.
- Change of Command at Fort Irwin and MCLB.
COUNCIL MEMBER KRUSE
- Also mentioned the upcoming Rules and Policy on June 25th.
COUNCIL MEMBER HERNANDEZ
- Mojave Water Air Quality meeting will be on June 10th. - SBCOG will meet on June 13th.
- SBCTA meeting will be on June 14th.
- Homeward Bound meeting on June 12th.
MAYOR COURTNEY
- Spoke of high desert non-profits being awarded funding from HHAP 4.
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Attachment: 06.17.2024 Final (5711 : Minutes Regular Meeting June 17, 2024 6:00 PM) Minutes-June 17, 2024
BUSINESS OF THE COUNCIL:
COUNCIL MEMBER ROSE
- Said staff does check street vendors for proper documentation. - And also said she voted no on the Marriott project.
- And asked the City Manager to meet with the Senior Citizens.
MAYOR PRO TEM NOBLE
- Hall of Fame in Victorville for individuals being recognized for their contributions to the community. - Attended a sorority group meeting that will be opening in the High Desert. - Mrs. Noble delivered an inspiring poem at the Juneteenth event.
COUNCIL MEMBER KRUSE
- Asked about the scheduled power outage with SCE.
- Asked staff to follow up with the Senior Center and provide information regarding funding.
COUNCIL MEMBER HERNANDEZ
- Asked residents to protest the increase of water bills and provided contact information.
MAYOR COURTNEY
- Said he is a member of the California Investment Committee.
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 10:57 pm, in memory of Mary Hailey.
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: 06.17.2024 Final (5711 : Minutes Regular Meeting June 17, 2024 6:00 PM) Regular Meeting
07/15/24 06:00 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5712
AGENDA ITEM
AGENDA MATTER:
MINUTES SPECIAL MEETING - JUNE 26, 2024, AT 6:00 P.M.
EXECUTIVE SUMMARY:
DISCUSSION:
FISCAL IMPACT:
none
RECOMMENDED ACTION:
Approve minutes as presented.
3 Packet Pg. 22
SPECIAL MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JUNE 26, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
MINUTES
SPECIAL MEETING
Minutes-June 26, 2024
CALL TO ORDER - SPECIAL MEETING 6:00 PM:
MAYOR PRO TEM NOBLE called the Special Meeting to order at 6:00 P.M.
INVOCATION:
COUNCIL MEMBER ROSE led the invocation.
PLEDGE OF ALLEGIANCE:
COUNCIL MEMBER 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 Present
Paul Anthony Courtney Mayor Absent
Carmen Hernandez Council Member Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING
ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HANDING IT TO THE CITY CLERK. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE WILL REMEMBER THE "CODE OF ETHICS" THAT WE VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH PATIENCE, CIVILITY, AND COURTESY. THE DECISIONS
MADE TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW COMMUNITY AND NOT FOR PERSONAL GAIN.
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Attachment: 06.26.2024 Final (5712 : Minutes Special Meeting June 26, 2024 6:00 PM) Minutes-June 26, 2024
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.
Motion by COUNCIL MEMBER HERNANDEZ, seconded by COUNCIL MEMBER ROSE.
RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSENT: Courtney
BUSINESS / ACTION ITEMS:
CITY COUNCIL:
1. APPROVE FUNDING FOR THE CITY OF BARSTOW ANIMAL SERVICES DEPARTMENT Recommended Action:
Staff Recommends that the City Council take the following actions:
Approve funding for the City of Barstow Animal Services Department and authorize the City Manager to establish the department to provide animal services to the community.
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Presented the staff report as filed with the City Clerk's office.
COUNCIL MEMBER HERNANDEZ
- Asked about policies and training.
FINANCE DIRECTOR, SYDNEY HARRIS
- Said funding for training is part of the budget.
COUNCIL MEMBER KRUSE
- Expressed concerns with the amount of animals in city if we went with the Barstow Humane Society.
COUNCIL MEMBER ROSE
- Said once a draft policy is in place, it will be reviewed in Rules and Policies.
MAYOR PRO TEM NOBLE opened the public comment at 6:45pm.
SPEAKERS:
JACK UNGER, BARSTOW, CALIFORNIA
- Is in favor of the recommendation.
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Attachment: 06.26.2024 Final (5712 : Minutes Special Meeting June 26, 2024 6:00 PM) Minutes-June 26, 2024
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- In agreement with the recommendation, but is confused with what is discussed the partnership with the Humane Society.
JUNE RAJACICH HENLEY, YERMO, CALIFORNIA
- Inquired about the cost of the facility lease.
KATHY KINDLER, BARSTOW, CALIFORNIA
- Board of Director for the Humane Society and spoke of the history and conditions of the shelter.
TIM SILVA, BARSTOW, CALIFORNIA
- Would like for the city to work in partnering up with nonprofits to provide the services needed and would like to know where in the budget Animal Services is listed.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if there will be a review in six months and who will cover for Code Enforcement when they assist with animal services.
CLAUDIA RAMIREZ, BARSTOW, CALIFORNIA
- Spoke about the amount of feral cats in the city.
MARK FRANEY, BARSTOW, CALIFORNIA
- Said he did a proposal years ago curious for animal services and asked how the city would handle livestock.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asked why the city is now wanting to use the Humane Society and asked about the cost of lawsuits.
ALLEN BOARTFIELD, BARSTOW, CALIFORNIA
- Frustrated with what is being said about the Humane Society.
JUAN RODRIGUEZ, BARSTOW, CALIFORNIA
- Thinks money should be spent on other things in the city and not animals.
GEORGIA WATANABE, BARSTOW, CALIFORNIA
- Spoke of loose dogs that attacked her dog.
TERRI TANK, BARSTOW, CALIFORNIA
- Asked about taking in animals again to Route 66 and where would they place them.
RAYA SUNSHINE HIBBARD, BARSTOW, CALIFORNIA
- Employed with a vet clinic and concerned with distressed dogs in crates.
MAYOR PRO TEM closed Public Comments at 7:19pm.
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Answered questions asked by the community.
Motion by COUNCIL MEMBER ROSE, second by COUNCIL MEMBER HERNANDEZ, to accept proposal with the City to establish its own Animal Services Department to the Community and provide an update at 6 months and establish partnership with Humane Society to help bring facility up to capability of handling overflow of animals.
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Attachment: 06.26.2024 Final (5712 : Minutes Special Meeting June 26, 2024 6:00 PM) Minutes-June 26, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Kruse, Rose, Hernandez
ABSENT: Courtney
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.
SPEAKERS:
LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Inquired about the AC system at Cora Harper.
JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Glad to hear of the accusation against council member was cleared.
MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Recommended staff use Channel 6 for adoption efforts and said it's a good thing for the city.
INTERIM CITY MANAGER, ANDREW ESPINOZA JR.
- Provided an updated on the status of Cora Harper, said it's under Engineering review.
ADJOURNMENT:
By the consensus of the City Council and without objection, the meeting was adjourned at 8:00 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: 06.26.2024 Final (5712 : Minutes Special Meeting June 26, 2024 6:00 PM) Regular Meeting
07/15/24 06:00 PM
Police
Andy Espinoza Jr.
Grant
Doc ID: 5710
AGENDA ITEM
AGENDA MATTER:
ACCEPTANCE OF THE FY 2022 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANT GRANT (JAG)
AWARD AS A SUB-RECIPIENT THROUGH THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT, OFFICE OF EMERGENCY SERVICES.
EXECUTIVE SUMMARY:
Staff is recommending that Council approve the acceptance of the FY2022 Edward Byrne Justice Assistance Grant (JAG) award in the amount of $20,252 for the purchase of equipment used by law enforcement within the City of Barstow.
DISCUSSION:
The Edward Byrne Justice Assistance Grant (JAG) through the San Bernardino County Law and Justice Group have awarded the City of Barstow funds under the FY 2018 and FY 2019 Edward Byrne Memorial Justice Grant. As a sub-recipient under this grant, the City will receive $41,434.
The San Bernardino County Law and Justice Group will act as the fiscal agent/administrator for this grant and will be responsible for all fiscal and progress reporting. The City of Barstow, as a sub-recipient of this grant, will be responsible for the procurement of the approved equipment, quarterly reporting, and compliance with funding requirements as set forth by the Federal Funding Accountability and Transparency Act of 2006 (FFATA).
The Barstow Police Department, as the law enforcement sub-recipient under the JAG, has been awarded funding for the following equipment:
1) Stalker Traffic Trailer $20,252
The Barstow Police Department currently has one traffic (radar) trailer. By deploying an additional radar trailer, the Barstow Police Department can cover a wider area, deter speeding and other traffic violations, and ultimately make the roads safer for all motorists and pedestrians. This additional resource will enable comprehensive monitoring and enforcement to reduce traffic accidents and improve safety.
Grant Total $20,252
FISCAL IMPACT:
This is a reimbursable grant. There are no matching funds required for this grant. The expenditure of $20,252 for the purchase of the listed equipment must be made by the City and then reimbursement will be requested through the grant reimbursement process.
RECOMMENDED ACTION:
Authorize staff to accept the sub-recipient award of the FY2022 Edward Byrne Memorial Justice Grant (JAG) in the amount of $20,252 and to appropriate funds in the amount of $20,252 to account numbers 4 Packet Pg. 27
Regular Meeting
07/15/24 06:00 PM
Police
Andy Espinoza Jr.
Grant
Doc ID: 5710
AGENDA ITEM
as follows:
1. 2022 JAG
a. Expenditure - 218.218.218.07.726
4 Packet Pg. 28
Regular Meeting
07/15/24 06:00 PM
Police
Andy Espinoza Jr.
Grant
Doc ID: 5709
AGENDA ITEM
AGENDA MATTER:
ACCEPTANCE OF THE FY 2024/2025 CANNABIS TAX FUND GRANT PROGRAM (CTFGP) AWARD AS A SUB-RECIPIENT THROUGH THE CALIFORNIA HIGHWAY PATROL.
EXECUTIVE SUMMARY:
Staff is recommending that Council approve the acceptance of the FY 2024/2025 Cannabis Tax Fund Grant Program (CTFGP) award in the amount of $220,000 for the purchase of equipment used by law enforcement to conduct enforcement of Driving Under the Influence (DUI) related offenses within the City of Barstow.
DISCUSSION:
The Cannabis Grant Unit with the California Highway Patrol has awarded the City of Barstow funds under the FY 2024/2025 Cannabis Tax Fund Grant Program (CTFGP). As a sub-recipient under this grant, the City will receive $220,000.
The Cannabis Grant Unit with the California Highway Patrol will act as the fiscal agent/administrator for this grant and will be responsible for all fiscal and progress reporting. The City of Barstow, as a subrecipient of this grant, will be responsible for the procurement of the approved equipment, quarterly reporting, and compliance with funding requirements as set forth by Section 34019(f)(3)(B) Revenue and Taxation Code (RTC) and California Code of Regulations, Title 13, Division 2, Chapter 13.
The Barstow Police Department, as the law enforcement sub-recipient under the CTFGP, has been awarded funding for the following equipment:
1) Police Traffic Unit $80,000
This is for purchasing a marked police patrol vehicle dedicated for traffic enforcement. 2) Police DUI Trailer $50,000
This is for purchasing of a DUI trailer that will be serve as a mobile command post with testing equipment and other resources to assist officers during DUI checkpoints. It will provide a centralized location for conducting standard field sobriety tests, processing DUI arrests.
Additionally, the presence of a DUI trailer can act as a visual deterrent and help increase visibility of law enforcement efforts to combat drunk driving.
3) Laptop Computer $3,000
The purchase of a laptop computer is to allow officers to access department databases and prepare reports for use during DUI enforcement.
4) Education Materials $2,500
Literature that will be distributed to the public during community events to raise awareness and discourage drunk driving.
5 Packet Pg. 29
Regular Meeting
07/15/24 06:00 PM
Police
Andy Espinoza Jr.
Grant
Doc ID: 5709
AGENDA ITEM
6) Department Training / Travel $84,500
The cost associated with sending department personnel to appropriate training.
Grant Total $220,000
FISCAL IMPACT:
This is a reimbursable grant. There are no matching funds required for this grant. The expenditure of $220,000 for the purchase of the listed equipment must be made by the City and then reimbursement will be requested through the grant reimbursement process.
RECOMMENDED ACTION:
Authorize staff to accept the sub-recipient award of the FY 2024/2025 Cannabis Tax Fund Grant Program (CTFGP) award in the amount of $220,000 and to appropriate funds in the amount of $220,000 to account numbers as follows:
1. 2024/2025 CTFGP Grant
a. Expenditure - 218.218.218.07.748
5 Packet Pg. 30
Regular Meeting
07/15/24 06:00:PM
Fire Department
Heidy Riley
Budget
Doc ID: 5696
FIRE AGENDA ITEM
AGENDA MATTER:
SECOND ADOPTION OF THE BARSTOW FIRE PROTECTION DISTRICT'S FINAL ANNUAL BUDGET FOR FY 2024/25 PURSUANT TO HEALTH AND SAFETY CODE SUBSECTION 13893 EXECUTIVE SUMMARY:
Adoption of this resolution fulfills the ministerial requirement to adopt the Barstow Fire Protection District (BFPD) budget twice. Per relevant State law (HS 13893), the District Board must first adopt a Preliminary Budget and then adopt a Final Budget at a subsequent meeting for the ensuing Fiscal Year. Attached is the adopted preliminary Annual Budget for Fiscal Year 2024/25 for the Barstow Fire Protection District which the Board previously adopted at its meeting on June 17, 2024. The required public notice pursuant to the statute has been published and completed more than two weeks prior to the date of the meeting.
The proposed resolution adopting the final Annual Budget is attached and recommended for adoption by the District's Board.
DISCUSSION:
The proposed final annual budget for the Barstow Fire Protection District for (BFPD) FY 2024/25 is presented for the BFPD Board’s review and recommended adoption. The proposed Preliminary Budget was presented at the Budget Workshop on May 20, 2024, and the adoption of the Preliminary Budget by the BFPD's Board occurred on June 17, 2024.
The FY 2024/25 Preliminary Annual Budget for the Barstow Fire Protection District projects revenues of $5,886,100 and estimated operating expenditures of $7,003,579 which includes a $500,000 transfer in from the Measure Q funding sources. This transfer amount does not include the additional $4,304,728 in funding approved by the City Council for use for Fire services in Measure Q sub-fund 103 for FY 2024/25.
In total, 42.6% of the annual Measure Q funding sources are provided to the BFPD in fiscal year 2024/25.
This percentage includes $500,000 provided to the BFPD from Measure Q funding sources for the reduction of the BFPD's accumulated fund deficit. An additional $167,203 is budgeted for the lease purchase of a new fire engine, refurbishment of a fire engine, and purchase of a hydraulic lift for servicing and maintaining fire apparatus from Measure Q (Sub-Account 102). Also included within the Measure Q Fire (Sub-Account 103) are funding sources for the lease revenue bonds issued to refinance and lower the cost of the SBCERA debt. Recall that this financing was initiated to lower the annual $832,000 cost of the debt entered into with SBCERA to transfer the BFPD's firefighters from the Other Safety cost group into the County Safety cost group. The transfer of the funding for the annual payment to the Measure Q sub-fund allows the BFPD to partially address the "going concern" disclosure in the BFPD's financial statements and begin the process of stabilizing its finances. Additionally, as in previous years, all estimated regular overtime for the BFPD will be paid out of the Measure Q sub-fund. The annual debt service payments to SBCERA, regular overtime for the BFPD, and 9 of the 28 safety personnel positions are again appropriated in the Measure Q sub-fund.
6 Packet Pg. 31
Regular Meeting
07/15/24 06:00:PM
Fire Department
Heidy Riley
Budget
Doc ID: 5696
FIRE AGENDA ITEM
FISCAL IMPACT:
The FY 2024/25 Preliminary Fire Protection District budget, including projected revenues of $6,386,100 and appropriations of $7,003,579, was adopted by the Fire Board at its June 17, 2024, Board Meeting.
Relevant details for the recommended adoption of the Final Annual Budget for Fiscal Year 2024/25 are contained within the discussion portion of this staff report. The retained fund deficit at the end of the 2024/25 fiscal year is estimated to be ($3,995,503).
RECOMMENDED ACTION:
Staff recommends, pursuant to the Health and Safety Code requirements, the Barstow Fire Protection District's Board approve Resolution No. ______-2024 adopting the Final Barstow Fire Protection District Annual Budget for Fiscal Year 2024/25 (Attachment A) and waive the full reading. 6 Packet Pg. 32
ATTACHMENT A
Barstow Fire Protection District
Budget Adoption Resolution
FY 2024/2025
Final Annual Budget
6.a
Packet Pg. 33
Attachment: Attachment A - FY24-25 BFPD Final Budget 7-15-24 (For Agenda) (5696 : Adoption of Fire District Annual Budget FY 2024/25) RESOLUTION NO. - 2024
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BARSTOW FIRE
PROTECTION DISTRICT (BFPD), COUNTY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE FINAL ANNUAL BUDGET FOR FISCAL YEAR 2024/25 WHEREAS, the Board of Directors of the Barstow Fire Protection District has reviewed the budget as prepared and submitted by the District Administrator of Barstow Fire Protection District; and A. The final annual budget for the Barstow Fire Protection District for Fiscal Year 2024/25, as prepared and submitted by the District Administrator, and as modified by the Board, is hereby approved and adopted. The operating and any capital appropriations are hereby authorized for the fiscal year as listed within the attached adopted preliminary budget.
B. From the effective date of said budget, the total amount as stated therein shall be appropriated subject to expenditure pursuant to all applicable administrative codes of the district and statutes of the State. The budgeted appropriations may be reallocated by the District Administrator provided there is no change in the total appropriation as authorized by the Board.
C. At the close of the fiscal year, unexpended appropriations in the operating budget will be unencumbered. Unexpended appropriations for authorized, but uncompleted capital projects and outlays as approved by the Board may be carried forward to the next succeeding budget upon approval by the District Administrator and Board.
D. Total appropriations within the fund will be increased only by amendment of the budget by motion of the Board.
E. The District Administrator may reduce expenditure appropriations or revenue estimates as a method of fiscal control to reflect economic change within the fiscal period.
F. The District Administrator is hereby authorized to approve any corrections in the budget document that are clerical in nature.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Barstow Fire Protection District, County of San Bernardino, California, does hereby adopt the Final Annual Budget for the Fiscal Year 2024/25 as presented herewith.
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Attachment: Attachment A - FY24-25 BFPD Final Budget 7-15-24 (For Agenda) (5696 : Adoption of Fire District Annual Budget FY 2024/25) PASSED, APPROVED and ADOPTED on this 15
th day of July, 2024.
Paul Anthony Courtney, Dr. B.A.
BFPD Chairman Barstow, California
ATTEST:
Andrea Flores, Board Secretary
Barstow, California
I, Andrea Flores, Secretary of the Barstow Fire Protection District, and Clerk of the Board of Directors of said District, DO HEREBY CERTIFY under penalty of perjury that the foregoing is a true and correct copy of Resolution No. ______-2024 of said BFPD which was adopted at a regular meeting held on the 15 th day
of July, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Andrea Flores
BFPD Board Secretary
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Attachment: Attachment A - FY24-25 BFPD Final Budget 7-15-24 (For Agenda) (5696 : Adoption of Fire District Annual Budget FY 2024/25) TOTAL BUDGET - $ 7,003,579
Actual Actual Amended Estimated % of Proposed
Revenue Account Revenue Classification Revenue Revenue Budget Revenue Budget Budget 2021-22 2022-23 2023-24 2023-24 Received 2024-25
BEGINNING FUND BALANCE (5,049,330) (4,993,387) (3,668,042) (3,668,042) (3,378,024) 225.401.111.112 PROPERTY TAX COLLECTION 3,811,524 4,041,853 4,171,000 4,171,000 100.0% 4,100,000 225.401.111.113 HOMEOWNERS PROP TAX RELIEF 26,729 24,793 25,000 25,000 100.0% 25,000 225.401.111.114 RDA RESIDUAL TAX PAYMENT 1,409,678 1,757,102 1,750,000 1,750,000 100.0% 1,750,000 225.506.322.296 IMPACT FEES 1,867 3,956 500 2,355 471.0% - 225.514.110.410 INVESTMENT EARNINGS - - - - 0.0% -
225.514.110.411 GASB 87 - INTEREST REVENUE 6,556 6,683 - - 0.0% - 225.514.110.510 UNREALIZED GAIN/LOSS/INVESTMENTS (626) (7,400) - - 0.0% - 225.804.790.927 WC INSURANCE REIMBURSEMENT 131,329 124,262 - - 0.0% - 225.819.783.631 GASB 87 - LEASE CONTRA ACCT (4,082) (4,082) - - 0.0% - 225.819.783.632 CELL TOWER LEASE 9,510 10,314 9,000 11,120 123.6% 11,000 225.819.783.633 DONATIONS/SPONSORSHIPS - - - 500 0.0% - 225.819.784.910 SALE OF EQUIPMENT 6,910 5,230 - - 0.0% - 225.819.788.920 MISCELLANEOUS INCOME - 65 - 588 0.0% -
225.819.788.924 TRAINING ATTENDEE INCOME - - - - 0.0% - 225.819.788.999 GASB 87 - LEASE PROCEEDS 5,823 - - - 0.0% - 225.819.794.912 STRIKE TEAM REIMBURSEMENT 85,926 196,963 - - 0.0% - 225.819.794.923 FY19 HOMELAND SECURITY GRANT - 12,152 - - 0.0% - 225.819.794.920 HSGP - HAZMAT GRANT - - - - 0.0% -
225.819.794.929 INCIDENT REPORT 2,975 215 100 150 150.0% 100 225.900.820.103 TRANSFER IN - MEASURE Q FIRE - 1,000,000 - - 0.0% - 225.900.820.302 TRANSFER IN - DEBT SERVICE 8,134,877 - - - 0.0% - 225.900.820.995 TRANSFERS IN - MEASURE Q 500,000 500,000 500,000 500,000 100.0% 500,000 Total Revenue 14,128,996 7,672,106 6,455,600 6,460,713 100.1% 6,386,100 Actual Actual Amended Estimated % of Proposed
Expenditure Account Expenditure Classification Expense Expense Budget Expense Budget Budget 2021-22 2022-23 2023-24 2023-24 Expended 2024-25
225.225.225 - BFPD
225.225.225.01 SALARIES
225.225.225.01.101 SALARIES, REGULAR 1,953,731 1,893,844 2,055,500 2,055,500 100.0% 2,356,500 225.225.225.01.103 OVERTIME - 614,257 - - 0.0% -
225.225.225.01.108 SALARIES CASUAL 53,933 - - - 0.0% -
225.225.225.01.109 INSURANCE OFFSET 215,503 188,949 213,000 210,000 98.6% 222,000 225.225.225.01.119 OT - STATE OF EMERGENCY COVID 19 14,892 6,288 - - 0.0% - Total Salaries 2,238,059 2,703,338 2,268,500 2,265,500 99.9% 2,578,500 225.225.225.02 BENEFITS
225.225.225.02.201 BENEFITS - RETIREMENT 9,109,312 964,425 1,171,300 1,100,000 93.9% 1,198,200 225.225.225.02.202 BENEFITS - LIFE INSURANCE 6,260 5,354 5,900 5,700 96.6% 6,500 225.225.225.02.205 BENEFITS - WORKERS' COMP 64,618 64,162 84,486 82,087 97.2% 131,005 225.225.225.02.206 BENEFITS - DEFERRED COMP 1,773 3,244 1,900 1,900 100.0% 2,000 225.225.225.02.207 UNIFORM ALLOWANCE 9,188 20,406 17,100 15,502 90.7% 18,000 225.225.225.02.208 BENEFITS - MEDICARE 36,823 38,685 34,500 43,000 124.6% 38,500 225.225.225.02.210 BENEFITS - WORKERS COMP CLAIMS 964,574 317,729 400,000 100,000 25.0% 300,000 225.225.225.02.211 BENEFITS-PARS 2 - - - 0.0% -
225.225.225.02.213 BILINGUAL SERVICES 644 - - - 0.0% -
225.225.225.02.214 BENEFITS- STATE DISABILITY INS 23,021 21,740 19,200 22,000 114.6% 26,900 225.225.225.02.215 SICK LEAVE PAY OUT 21,498 21,851 25,000 - 0.0% - 225.225.225.02.216 VACATION / ANNUAL LV PAY OUT 78,694 104,317 40,000 40,000 100.0% 40,000 225.225.225.02.222 RETIREE HEALTH COMPENSATION 33,233 38,524 36,500 36,500 100.0% 36,500 Total Benefits 10,349,640 1,600,437 1,835,886 1,446,689 78.8% 1,797,605 CITY OF BARSTOW FY 2024-25
Barstow Fire Protection District (BFPD)
The Barstow Fire Protection District (BFPD) became a component unit of the City on November 17, 2010. Prior to this date, the District was an independent district. The District will continue to be operated according to the applicable state fire protection district laws and the property taxes collected within the district will be used exclusively for the administration and operational costs of the district. The City Council acts as the District's governing board and exerts significant influence over its operations. Separate financial statements are produced for the District.
Barstow Fire Protection District (BFPD) - 225
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Attachment: Attachment A - FY24-25 BFPD Final Budget 7-15-24 (For Agenda) (5696 : Adoption of Fire District Annual Budget FY 2024/25) Actual Actual Amended Estimated % of Proposed
Expenditure Account Expenditure Classification Expense Expense Budget Expense Budget Budget 2021-22 2022-23 2023-24 2023-24 Expended 2024-25
225.225.225.03 EMPLOYEE DEVELOPMENT
225.225.225.03.300 EDUCATIONAL REIMBURSEMENT 604 475 2,000 2,000 100.0% 2,000 225.225.225.03.301 TRAVEL/TRAINING EXPENSES 12,327 3,041 9,000 9,000 100.0% 8,175 225.225.225.03.305 DUES/SUBS/MEMBERSHIPS 4,541 3,921 3,677 3,677 100.0% 3,770 Total Employee Development 17,472 7,437 14,677 14,677 100.0% 13,945 225.225.225.04 COMMUNICATIONS
225.225.225.04.401 COMMUNICATIONS 78,696 73,661 80,000 60,000 75.0% 83,050 Total Communications 78,696 73,661 80,000 60,000 75.0% 83,050 225.225.225.05 SUPPLIES
225.225.225.05.501 OFFICE SUPPLIES 7,673 5,162 5,100 4,500 88.2% 4,500 225.225.225.05.519 COVID-19 SUPPLIES 100 - - - 0.0% -
225.225.225.05.523 EMS/MEDICAL SUPPLIES 38,254 28,439 40,000 39,000 97.5% 39,000 225.225.225.05.524 FIRE EQUIPMENT 14,010 9,097 20,000 20,000 100.0% 20,000 225.225.225.05.525 TECHNICAL SUPPLIES 30,924 16,510 10,000 10,000 100.0% 10,000 Total Supplies 90,961 59,208 75,100 73,500 97.9% 73,500 225.225.225.06 SERVICES
225.225.225.06.601 VEHICLE FUEL COST 56,730 55,137 55,000 40,000 72.7% 50,000 225.225.225.06.608 VEHICLE MAINTENANCE COST 48,201 108,116 50,000 50,000 100.0% 70,000 225.225.225.06.612 REPAIRS/MAINTENANCE 37,635 42,262 50,000 48,000 96.0% 48,000 225.225.225.06.626 PROF SERV. LEGAL 148,313 117,867 80,000 25,000 31.3% 80,000 225.225.225.06.628 AUDIT EXPENSE 19,552 17,245 20,000 18,000 90.0% 18,201 225.225.225.06.630 FEES/SERVICES 28,970 32,363 39,054 39,054 100.0% 41,200 225.225.225.06.631 MEETING STIPEND 6,650 4,375 5,000 5,000 100.0% 5,000 225.225.225.06.632 PERSONNEL RECRUITMENT - FIRE 2,091 8,439 10,000 10,000 100.0% 10,000 225.225.225.06.633 INCIDENT SUPPORT 788 2,176 4,000 3,800 95.0% 4,000 225.225.225.06.635 FIRE PREVENTION 2,153 - 2,500 2,500 100.0% 2,500 225.225.225.06.637 SHARED DISPATCH COSTS 205,000 205,000 205,000 205,000 100.0% 205,000 225.225.225.06.644 IT COST ALLOCATION 14,035 14,895 23,750 25,000 105.3% 25,000 225.225.225.06.645 SAFETY EQUIPMENT 12,582 25,089 28,000 28,000 100.0% 28,000 Total Services 582,700 632,964 572,304 499,354 87.3% 586,901 225.225.225.07 TAXES/INSURANCE/MISCELLANEOUS
225.225.225.07.701 PRINCIPAL-GF LOAN REPAYMENT - - 500,000 500,000 100.0% 500,000 225.225.225.07.705 INSURANCE CLAIMS - - 2,500 2,500 100.0% 2,500 225.225.225.07.720 INSURANCE, PROPERTY 24,298 27,827 47,181 39,982 84.7% 47,035 225.225.225.07.724 INSURANCE, LIABILITY 91,194 134,261 177,850 174,415 98.1% 217,246 225.225.225.07.733 CAP-LEASE-ENTERPRISE PROG 867 658 867 218 25.1% 500 Total Taxes/Insurance/Misc 116,359 162,746 728,398 717,115 98.5% 767,281 225.225.225.08 CAPITAL EQUIP/PROJECTS
225.225.225.08.999 GASB 87 - CAPITAL OUTLAY LEASE ASSET 5,823 - - - 0.0% - Total Capital Equip/Projects 5,823 - - - 0.0% -
225.225.225.09 TRANSFERS/CONTINGENCY/CONTRAS
225.225.225.09.905 COST ALLOCATION 400,000 884,000 884,000 884,000 100.0% 884,000 Total Transfers/Contingency/Contras 400,000 884,000 884,000 884,000 100.0% 884,000 225.225.225.14 ELECTRICITY
225.225.225.14.460 ELECTRICITY 81,354 89,814 85,000 85,000 100.0% 85,000 Total Electricity 81,354 89,814 85,000 85,000 100.0% 85,000 225.225.225.24 NATURAL GAS
225.225.225.24.460 NATURAL GAS/861 BARSTOW ROAD 5,265 10,983 11,000 9,500 86.4% 10,000 225.225.225.24.461 NATURAL GAS/2600 WEST MAIN STREET 2,517 3,907 4,000 2,800 70.0% 3,500 Total Natural Gas 7,782 14,890 15,000 12,300 82.0% 13,500 225.225.225.34 WATER
225.225.225.34.460 WATER 17,360 13,400 18,000 18,000 100.0% 18,000 Total Water 17,360 13,400 18,000 18,000 100.0% 18,000
225.225.227 - BFPD GRANTS
225.225.227.08.813 FY19 HOMELAND SECURITY GRANT - 12,152 - - 0.0% - Total Capital Equip/Projects - 12,152 - - 0.0% -
225.225.229 - BFPD ADMINISTRATION
225.225.229.01 SALARIES
225.225.229.01.101 SALARIES, REGULAR 61,934 66,626 68,800 65,500 95.2% 71,500 225.225.229.01.103 OVERTIME - 291 - 436 0.0% -
225.225.229.01.109 INSURANCE OFFSET 11,855 11,500 12,000 12,000 100.0% 12,000 Total Salaries 73,789 78,417 80,800 77,936 96.5% 83,500
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Attachment: Attachment A - FY24-25 BFPD Final Budget 7-15-24 (For Agenda) (5696 : Adoption of Fire District Annual Budget FY 2024/25) Actual Actual Amended Estimated % of Proposed
Expenditure Account Expenditure Classification Expense Expense Budget Expense Budget Budget 2021-22 2022-23 2023-24 2023-24 Expended 2024-25
225.225.229.02 BENEFITS
225.225.229.02.201 BENEFITS - RETIREMENT 8,453 9,198 11,200 11,200 100.0% 11,500 225.225.229.02.202 BENEFITS - LIFE INSURANCE 284 268 300 300 100.0% 300 225.225.229.02.205 BENEFITS - WORKERS' COMP 1,909 2,216 2,642 2,568 97.2% 4,097 225.225.229.02.207 UNIFORM ALLOWANCE 756 756 800 756 94.5% 800 225.225.229.02.208 BENEFITS - MEDICARE 927 1,023 1,100 1,100 100.0% 1,200 225.225.229.02.214 BENEFITS- STATE DISABILITY INS 734 704 700 700 100.0% 900 225.225.229.02.216 VACATION / ANNUAL LV PAY OUT
- 134 - - 0.0% -
Total Benefits 13,063 14,299 16,742 16,624 99.3% 18,797 Total Expenditures 14,073,058 6,346,762 6,674,407 6,170,695 92.5% 7,003,579 ENDING FUND BALANCE (4,993,387) (3,668,042) (3,886,849) (3,378,024) 86.9% (3,995,503) Actual Actual Actual Proposed
Personnel Schedule 2021-22 2022-23 2023-24 2024-25
Full Time:
Fire Chief 1.00 1.00 1.00 1.00
Office Assistant 1.00 1.00 1.00 1.00
Fire Captain 6.00 6.00 6.00 6.00
Fire Engineer 6.00 6.00 6.00 6.00
Firefighter/Paramedic 6.00 3.00 3.00 3.00
Firefighter/EMT 0.00 3.00 3.00 3.00
Total FTE's: 20.00 20.00 20.00 20.00
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Attachment: Attachment A - FY24-25 BFPD Final Budget 7-15-24 (For Agenda) (5696 : Adoption of Fire District Annual Budget FY 2024/25) Regular Meeting
07/15/24 06:00 PM
Finance
Heidy Riley
Public Hearing
Doc ID: 5705
COUNCIL RESOLUTION
AGENDA MATTER:
LIEN PROTEST HEARING FOR DELINQUENT TRASH & SEWER ACCOUNTS EXECUTIVE SUMMARY:
Pursuant to Barstow Municipal Code Sections 6.20.210 and 13.22.060, a protest hearing is being conducted for property owners who have been notified regarding the placement of a tax roll assessment and lien on their property as a result of unpaid sewer and/or trash collection fees.
DISCUSSION:
On June 3, 2024, the City Council set the date, time, and location for a public hearing regarding lien protests and the report of delinquent sewer and/or trash (“utility”) accounts. The public hearing is for property owners who have been notified of account delinquency and who wish to be heard by the City Council in reference to delinquent utility fees.
Upon approval of the Resolution, a lien and/or special tax assessment will be placed upon those properties as a result of unpaid utility fees that are delinquent as of April 30, 2024. Liened amounts will be sent to the San Bernardino County Tax Assessor who will place a special assessment upon the property owner's property tax bill in order to collect delinquent utility fees. Property owners requesting a payment plan arrangement, and those approved by the City Council for such request, will still have a lien placed on the property; however, those accounts seeking a payment arrangement will not have their delinquent amount assessed onto their property tax bill. A payment plan will be entered into to ensure payment of delinquent and current charges are made to bring a property owner’s account into a current status by the end of April 2025.
Pursuant to the Barstow Municipal Code, individual notices have been mailed to each property owner of record, to the mailing address on file, having a delinquent utility account of $50 or more as of April 30, 2024.
FISCAL IMPACT:
None.
RECOMMENDED ACTION:
Staff recommends the City Council:
1. Conduct a protest hearing and subject to testimony received, adopt Resolution No. ____-2024 and waive further reading.
2. Where necessary and relevant, direct staff to resolve any conflicts with protest owners before the final lien and/or property tax assessment list is filed with San Bernardino County. Additionally, authorize staff to remove any properties from the lien and assessment listings should delinquent fees be paid prior to the filing of the final lien list with San Bernardino County. 7 Packet Pg. 39
Resolution No. _____-2024
RESOLUTION NO. _______-2024
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW MAKING
DETERMINATIONS AND CONFIRMING ASSESSMENTS AND PROCEEDINGS
FOR UNPAID TRASH COLLECTION AND/OR SEWER FEES
WHEREAS, the City Manager of the City of Barstow has filed in the office of the City Clerk of said City, an assessment for certain unpaid trash collection and/or sewer fees in said City, in accordance with Section 620.210 and 13.22.060 of the Barstow Municipal Code.
WHEREAS, the City Manager has, as required, given notice of time fixed for hearing by the City Council; and
WHEREAS, all property owners involved in this assessment have been duly notified of the time and place of said hearing fifteen (15) days prior to said hearing; and
WHEREAS, a hearing was held before the City Council of the City of Barstow at 7:00 p.m. on July 15, 2024, in the City Council Chambers, 220 East Mountain View Street, Barstow, California, the time and place fixed in such notice; and WHEREAS, during the aforementioned hearing, all appeals, protests or objections, if any, were duly presented and the City Council gave all persons noticed and present desiring to be heard, an opportunity to be heard in respect to any matter relating to said assessments, to the corrections of said assessments, or to any matter relating to said assessments or the proceedings therefore; and
WHEREAS, all such persons desiring to be heard have been heard by the City Council and the City Council is fully informed of the premises.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY FIND, DETERMINE AND ORDER AS FOLLOWS:
1) That said hearing has been duly held; that each and every step in the proceedings prior to and including the hearing has been duly and regularly taken; that this City Council is satisfied with the correctness of the assessment; the proceedings and all matters relating thereto; and that all protests, objections, or appeals are hereby overruled and denied; and the City Council does hereby confirm said proceedings and said assessments.
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Attachment: Reso and Exhibit A - PUBLIC Lien Hearing Listing as of 7-8-24 (5705 : Lien Protest Hearing for Delinquent Trash & Sewer Resolution No. _____-2024
2) That the fees for the sewer and trash collection shall be assessed against the benefiting property and shall be assessed as a lien on the property benefited thereby, which lien shall be included on the tax roll for taxes levied against the property.
3) That the prorated first year interest @1.5% per month, a late fee of 10% of lien unpaid balance and the administrative costs of preparing the liens and assessments will be added to the delinquent amounts and assessed against the benefiting properties.
4) That additional interest shall be charged by the County of San Bernardino if the balance remains unpaid for more than one year.
5) That the parcels to be liened and the amount of said lien are set forth on Exhibit “A” attached hereto and made a part thereof.
PASSED AND ADOPTED THIS 15
th DAY OF JULY, 2024.
______________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
____________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and Ex-Officio Clerk of the Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, that the foregoing is a true and correct copy of Resolution No. ____-2024 of said City which was adopted at a regular meeting of said Council held the 15 th day of July
2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Andrea Flores
City Clerk, City of Barstow
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Attachment: Reso and Exhibit A - PUBLIC Lien Hearing Listing as of 7-8-24 (5705 : Lien Protest Hearing for Delinquent Trash & Sewer
EXHIBIT
“A”
Lien Protest Hearing
Lien Listing 7/15/2024
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Attachment: Reso and Exhibit A - PUBLIC Lien Hearing Listing as of 7-8-24 (5705 : Lien Protest Hearing for Delinquent Trash & Sewer PRELIMINARY LIEN LIST AS OF JULY 8, 2024, PROTEST HEARING - PUBLIC No. Parcel Number
Past Due
Amount
(As of
4/30/2024)
Late Fee
(10%)
Penalty
(18%) Admin Fee Lien ReleaseFee
Processing
Fee
Total Lien
Amount
1 0182162100000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 2 0182162080000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 3 0428122500000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 4 0183052120000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 5 0183052080000 $ 136.16 $ 13.62 $ 24.51 $ 45.00 $ 20.00 $ 10.00 $ 249.29 6 0183052150000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 7 0182104120000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 8 0182093140000 $ 206.70 $ 20.67 $ 37.21 $ 45.00 $ 20.00 $ 10.00 $ 339.58 9 0182132180000 $ 698.60 $ 69.86 $ 125.75 $ 45.00 $ 20.00 $ 10.00 $ 969.21 10 0182083460000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 11 0183052440000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 12 0183061060000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 13 0182132060000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 14 0182141020000 $ 834.42 $ 83.44 $ 150.20 $ 45.00 $ 20.00 $ 10.00 $ 1,143.06 15 0182083240000 $ 260.48 $ 26.05 $ 46.89 $ 45.00 $ 20.00 $ 10.00 $ 408.42 16 0183011440000 $ 420.36 $ 42.04 $ 75.66 $ 45.00 $ 20.00 $ 10.00 $ 613.06 17 0424182070000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 18 0424182060000 $ 840.67 $ 84.07 $ 151.32 $ 45.00 $ 20.00 $ 10.00 $ 1,151.06 19 0424182040000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 20 0183081190000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 21 0183251580000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 22 0183491030000 $ 567.84 $ 56.78 $ 102.21 $ 45.00 $ 20.00 $ 10.00 $ 801.83 23 0181541200000 $ 558.02 $ 55.80 $ 100.44 $ 45.00 $ 20.00 $ 10.00 $ 789.26 24 0181542030000 $ 137.10 $ 13.71 $ 24.68 $ 45.00 $ 20.00 $ 10.00 $ 250.49 25 0181542050000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 26 0181541170000 $ 129.91 $ 12.99 $ 23.38 $ 45.00 $ 20.00 $ 10.00 $ 241.28 27 0181542060000 $ 383.36 $ 38.34 $ 69.00 $ 45.00 $ 20.00 $ 10.00 $ 565.70 28 0181541030000 $ 140.54 $ 14.05 $ 25.30 $ 45.00 $ 20.00 $ 10.00 $ 254.89 29 0181792050000 $ 76.71 $ 7.67 $ 13.81 $ 45.00 $ 20.00 $ 10.00 $ 173.19 30 0181683020000 $ 660.40 $ 66.04 $ 118.87 $ 45.00 $ 20.00 $ 10.00 $ 920.31 31 0181682130000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 32 0181683100000 $ 420.36 $ 42.04 $ 75.66 $ 45.00 $ 20.00 $ 10.00 $ 613.06 33 0183181270000 $ 751.80 $ 75.18 $ 135.32 $ 45.00 $ 20.00 $ 10.00 $ 1,037.30 34 0183351470000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 35 0183361060000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 36 0181132220000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 37 0181132160000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 38 0181253080000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 39 0181132310000 $ 150.36 $ 15.04 $ 27.06 $ 45.00 $ 20.00 $ 10.00 $ 267.46 40 0183052390000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 41 0181683070000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 42 0183041370000 $ 253.15 $ 25.32 $ 45.57 $ 45.00 $ 20.00 $ 10.00 $ 399.04 43 0181353060000 $ 787.76 $ 78.78 $ 141.80 $ 45.00 $ 20.00 $ 10.00 $ 1,083.34 44 0181353020000 $ 523.81 $ 52.38 $ 94.29 $ 45.00 $ 20.00 $ 10.00 $ 745.48 45 0181163080000 $ 462.72 $ 46.27 $ 83.29 $ 45.00 $ 20.00 $ 10.00 $ 667.28
7.a
Packet Pg. 43
Attachment: Reso and Exhibit A - PUBLIC Lien Hearing Listing as of 7-8-24 (5705 : Lien Protest Hearing for Delinquent Trash & Sewer PRELIMINARY LIEN LIST AS OF JULY 8, 2024, PROTEST HEARING - PUBLIC No. Parcel Number
Past Due
Amount
(As of
4/30/2024)
Late Fee
(10%)
Penalty
(18%) Admin Fee Lien ReleaseFee
Processing
Fee
Total Lien
Amount
46 0425102350000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 47 0183371330000 $ 268.15 $ 26.82 $ 48.27 $ 45.00 $ 20.00 $ 10.00 $ 418.24 48 0183451340000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 49 0181243050000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 50 0425102250000 $ 645.30 $ 64.53 $ 116.15 $ 45.00 $ 20.00 $ 10.00 $ 900.98 51 0424201160000 $ 440.92 $ 44.09 $ 79.37 $ 45.00 $ 20.00 $ 10.00 $ 639.38 52 0182143040000 $ 162.17 $ 16.22 $ 29.19 $ 45.00 $ 20.00 $ 10.00 $ 282.58 53 0183361030000 $ 783.45 $ 78.35 $ 141.02 $ 45.00 $ 20.00 $ 10.00 $ 1,077.82 54 0182142130000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 55 0427031170000 $ 162.74 $ 16.27 $ 29.29 $ 45.00 $ 20.00 $ 10.00 $ 283.30 56 0424241390000 $ 425.40 $ 42.54 $ 76.57 $ 45.00 $ 20.00 $ 10.00 $ 619.51 57 0182162070000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 58 0181684020000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 59 0183371390000 $ 265.17 $ 26.52 $ 47.73 $ 45.00 $ 20.00 $ 10.00 $ 414.42 60 0183311200000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 61 0181352120000 $ 417.52 $ 41.75 $ 75.15 $ 45.00 $ 20.00 $ 10.00 $ 609.42 62 0183241590000 $ 594.60 $ 59.46 $ 107.03 $ 45.00 $ 20.00 $ 10.00 $ 836.09 63 0424182090000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 64 0181683120000 $ 778.96 $ 77.90 $ 140.21 $ 45.00 $ 20.00 $ 10.00 $ 1,072.07 65 0426071090000 $ 425.40 $ 42.54 $ 76.57 $ 45.00 $ 20.00 $ 10.00 $ 619.51 66 0183051420000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 67 0183061150000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 68 0183051310000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 69 0182142250000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 70 0182144140000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 71 0182132460000 $ 974.65 $ 97.47 $ 175.44 $ 45.00 $ 20.00 $ 10.00 $ 1,322.56 72 0181102140000 $ 1,070.73 $ 107.07 $ 192.73 $ 45.00 $ 20.00 $ 10.00 $ 1,445.53 73 0183501450000 $ 149.50 $ 14.95 $ 26.91 $ 45.00 $ 20.00 $ 10.00 $ 266.36 74 0183581420000 $ 292.67 $ 29.27 $ 52.68 $ 45.00 $ 20.00 $ 10.00 $ 449.62 75 0183581260000 $ 420.21 $ 42.02 $ 75.64 $ 45.00 $ 20.00 $ 10.00 $ 612.87 76 0183331060000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 77 0183481280000 $ 68.22 $ 6.82 $ 12.28 $ 45.00 $ 20.00 $ 10.00 $ 162.32 78 0183501700000 $ 171.59 $ 17.16 $ 30.89 $ 45.00 $ 20.00 $ 10.00 $ 294.64 79 0183501680000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 80 0183501660000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 81 0183501550000 $ 465.35 $ 46.54 $ 83.76 $ 45.00 $ 20.00 $ 10.00 $ 670.65 82 0183582180000 $ 663.18 $ 66.32 $ 119.37 $ 45.00 $ 20.00 $ 10.00 $ 923.87 83 0183583040000 $ 95.44 $ 9.54 $ 17.18 $ 45.00 $ 20.00 $ 10.00 $ 197.16 84 0183585090000 $ 974.65 $ 97.47 $ 175.44 $ 45.00 $ 20.00 $ 10.00 $ 1,322.56 85 0183331280000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 86 0183341150000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 87 0183511260000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 88 0183591540000 $ 233.76 $ 23.38 $ 42.08 $ 45.00 $ 20.00 $ 10.00 $ 374.22 89 0183591530000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 90 0183591450000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65
7.a
Packet Pg. 44
Attachment: Reso and Exhibit A - PUBLIC Lien Hearing Listing as of 7-8-24 (5705 : Lien Protest Hearing for Delinquent Trash & Sewer PRELIMINARY LIEN LIST AS OF JULY 8, 2024, PROTEST HEARING - PUBLIC No. Parcel Number
Past Due
Amount
(As of
4/30/2024)
Late Fee
(10%)
Penalty
(18%) Admin Fee Lien ReleaseFee
Processing
Fee
Total Lien
Amount
91 0181684100000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 92 0181681040000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 93 0183401060000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 94 0181682030000 $ 280.50 $ 28.05 $ 50.49 $ 45.00 $ 20.00 $ 10.00 $ 434.04 95 0183401080000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 96 0183041080000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 97 0181681070000 $ 798.96 $ 79.90 $ 143.81 $ 45.00 $ 20.00 $ 10.00 $ 1,097.67 98 0428012690000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 99 0181082090000 $ 420.36 $ 42.04 $ 75.66 $ 45.00 $ 20.00 $ 10.00 $ 613.06 100 0183461180000 $ 221.90 $ 22.19 $ 39.94 $ 45.00 $ 20.00 $ 10.00 $ 359.03 101 0181353180000 $ 76.98 $ 7.70 $ 13.86 $ 45.00 $ 20.00 $ 10.00 $ 173.54 102 0181353240000 $ 974.65 $ 97.47 $ 175.44 $ 45.00 $ 20.00 $ 10.00 $ 1,322.56 103 0181071040000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 104 0181282030000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 105 0181372130000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 106 0181372170000 $ 433.76 $ 43.38 $ 78.08 $ 45.00 $ 20.00 $ 10.00 $ 630.22 107 0181351070000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 108 0183071150000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 109 0181179010000 $ 570.17 $ 57.02 $ 102.63 $ 45.00 $ 20.00 $ 10.00 $ 804.82 110 0182151140000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 111 0182151350000 $ 597.27 $ 59.73 $ 107.51 $ 45.00 $ 20.00 $ 10.00 $ 839.51 112 0183011390000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 113 0183011180000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 114 0181821100000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 115 0181871120000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 116 0183101240000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 117 0183481720000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 118 0183481770000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 119 0183481670000 $ 420.36 $ 42.04 $ 75.66 $ 45.00 $ 20.00 $ 10.00 $ 613.06 120 0183281080000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 121 0183261140000 $ 204.67 $ 20.47 $ 36.84 $ 45.00 $ 20.00 $ 10.00 $ 336.98 122 0183271720000 $ 289.69 $ 28.97 $ 52.14 $ 45.00 $ 20.00 $ 10.00 $ 445.80 123 0183261620000 $ 152.48 $ 15.25 $ 27.45 $ 45.00 $ 20.00 $ 10.00 $ 270.18 124 0183271070000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 125 0428301380000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 126 0428301190000 $ 121.53 $ 12.15 $ 21.88 $ 45.00 $ 20.00 $ 10.00 $ 230.56 127 0181871050000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 128 0424271060000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 129 0428321170000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 130 0181271010000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 131 0181271040000 $ 442.37 $ 44.24 $ 79.63 $ 45.00 $ 20.00 $ 10.00 $ 641.24 132 0181205040000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 133 0181275320000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 134 0183451070000 $ 176.98 $ 17.70 $ 31.86 $ 45.00 $ 20.00 $ 10.00 $ 301.54 135 0183451050000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65
7.a
Packet Pg. 45
Attachment: Reso and Exhibit A - PUBLIC Lien Hearing Listing as of 7-8-24 (5705 : Lien Protest Hearing for Delinquent Trash & Sewer PRELIMINARY LIEN LIST AS OF JULY 8, 2024, PROTEST HEARING - PUBLIC No. Parcel Number
Past Due
Amount
(As of
4/30/2024)
Late Fee
(10%)
Penalty
(18%) Admin Fee Lien ReleaseFee
Processing
Fee
Total Lien
Amount
136 0183311320000 $ 324.82 $ 32.48 $ 58.47 $ 45.00 $ 20.00 $ 10.00 $ 490.77 137 0183311530000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 138 0183311330000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 139 0183311520000 $ 417.52 $ 41.75 $ 75.15 $ 45.00 $ 20.00 $ 10.00 $ 609.42 140 0181248050000 $ 295.06 $ 29.51 $ 53.11 $ 45.00 $ 20.00 $ 10.00 $ 452.68 141 0181279030000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 142 0181271140000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 143 0181322170000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 144 0181324010000 $ 620.53 $ 62.05 $ 111.70 $ 45.00 $ 20.00 $ 10.00 $ 869.28 145 0181571190000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 146 0181472260000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 147 0181275030000 $ 308.05 $ 30.81 $ 55.45 $ 45.00 $ 20.00 $ 10.00 $ 469.31 148 0181471130000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 149 0183291140000 $ 605.07 $ 60.51 $ 108.91 $ 45.00 $ 20.00 $ 10.00 $ 849.49 150 0181571160000 $ 252.19 $ 25.22 $ 45.39 $ 45.00 $ 20.00 $ 10.00 $ 397.80 151 0181275010000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 152 0182103070000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 153 0182101070000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 154 0182083120000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 155 0182083080000 $ 65.92 $ 6.59 $ 11.87 $ 45.00 $ 20.00 $ 10.00 $ 159.38 156 0427031220000 $ 272.89 $ 27.29 $ 49.12 $ 45.00 $ 20.00 $ 10.00 $ 424.30 157 0182212220000 $ 277.07 $ 27.71 $ 49.87 $ 45.00 $ 20.00 $ 10.00 $ 429.65 158 0182041070000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 159 0182094070000 $ 656.59 $ 65.66 $ 118.19 $ 45.00 $ 20.00 $ 10.00 $ 915.44 160 0182083200000 $ 241.85 $ 24.19 $ 43.53 $ 45.00 $ 20.00 $ 10.00 $ 384.57 161 0183341300000 $ 803.33 $ 80.33 $ 144.60 $ 45.00 $ 20.00 $ 10.00 $ 1,103.26 162 0183341310000 $ 557.40 $ 55.74 $ 100.33 $ 45.00 $ 20.00 $ 10.00 $ 788.47 163 0183351290000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 164 0183361280000 $ 660.40 $ 66.04 $ 118.87 $ 45.00 $ 20.00 $ 10.00 $ 920.31 165 0183361390000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 166 0183511100000 $ 974.65 $ 97.47 $ 175.44 $ 45.00 $ 20.00 $ 10.00 $ 1,322.56 167 0183591270000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 168 0183101500000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 169 0183101180000 $ 121.52 $ 12.15 $ 21.87 $ 45.00 $ 20.00 $ 10.00 $ 230.54 170 0183471180000 $ 73.98 $ 7.40 $ 13.32 $ 45.00 $ 20.00 $ 10.00 $ 169.70 171 0183551150000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 172 0183551080000 $ 232.99 $ 23.30 $ 41.94 $ 45.00 $ 20.00 $ 10.00 $ 373.23 173 0183551060000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 174 0428012390000 $ 563.74 $ 56.37 $ 101.47 $ 45.00 $ 20.00 $ 10.00 $ 796.58 175 0183591130000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 176 0183481090000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 177 0183121150000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 178 0183031210000 $ 135.13 $ 13.51 $ 24.32 $ 45.00 $ 20.00 $ 10.00 $ 247.96 179 0181471240000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 180 0181243200000 $ 839.19 $ 83.92 $ 151.05 $ 45.00 $ 20.00 $ 10.00 $ 1,149.16
7.a
Packet Pg. 46
Attachment: Reso and Exhibit A - PUBLIC Lien Hearing Listing as of 7-8-24 (5705 : Lien Protest Hearing for Delinquent Trash & Sewer PRELIMINARY LIEN LIST AS OF JULY 8, 2024, PROTEST HEARING - PUBLIC No. Parcel Number
Past Due
Amount
(As of
4/30/2024)
Late Fee
(10%)
Penalty
(18%) Admin Fee Lien ReleaseFee
Processing
Fee
Total Lien
Amount
181 0181247040000 $ 238.68 $ 23.87 $ 42.96 $ 45.00 $ 20.00 $ 10.00 $ 380.51 182 0181372050000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 183 0181075160000 $ 974.65 $ 97.47 $ 175.44 $ 45.00 $ 20.00 $ 10.00 $ 1,322.56 184 0181581080000 $ 592.15 $ 59.22 $ 106.59 $ 45.00 $ 20.00 $ 10.00 $ 832.96 185 0181591070000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 186 0181591120000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 187 0181371080000 $ 454.39 $ 45.44 $ 81.79 $ 45.00 $ 20.00 $ 10.00 $ 656.62 188 0424081920000 $ 425.40 $ 42.54 $ 76.57 $ 45.00 $ 20.00 $ 10.00 $ 619.51 189 0424103260000 $ 173.68 $ 17.37 $ 31.26 $ 45.00 $ 20.00 $ 10.00 $ 297.31 190 0426033050000 $ 425.40 $ 42.54 $ 76.57 $ 45.00 $ 20.00 $ 10.00 $ 619.51 191 0427203030000 $ 425.40 $ 42.54 $ 76.57 $ 45.00 $ 20.00 $ 10.00 $ 619.51 192 0427382030000 $ 425.40 $ 42.54 $ 76.57 $ 45.00 $ 20.00 $ 10.00 $ 619.51 193 0427204160000 $ 171.56 $ 17.16 $ 30.88 $ 45.00 $ 20.00 $ 10.00 $ 294.60 194 0427381040000 $ 212.45 $ 21.25 $ 38.24 $ 45.00 $ 20.00 $ 10.00 $ 346.94 195 0181602110000 $ 357.92 $ 35.79 $ 64.43 $ 45.00 $ 20.00 $ 10.00 $ 533.14 196 0183571370000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 197 0181482040000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 198 0181482060000 $ 428.56 $ 42.86 $ 77.14 $ 45.00 $ 20.00 $ 10.00 $ 623.56 199 0181482090000 $ 787.36 $ 78.74 $ 141.72 $ 45.00 $ 20.00 $ 10.00 $ 1,082.82 200 0181482170000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 201 0181481020000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 202 0183572460000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 203 0183572440000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 204 0183581130000 $ 880.87 $ 88.09 $ 158.56 $ 45.00 $ 20.00 $ 10.00 $ 1,202.52 205 0183572310000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 206 0181485010000 $ 601.35 $ 60.14 $ 108.24 $ 45.00 $ 20.00 $ 10.00 $ 844.73 207 0181482520000 $ 787.36 $ 78.74 $ 141.72 $ 45.00 $ 20.00 $ 10.00 $ 1,082.82 208 0181482410000 $ 860.14 $ 86.01 $ 154.83 $ 45.00 $ 20.00 $ 10.00 $ 1,175.98 209 0183281310000 $ 850.66 $ 85.07 $ 153.12 $ 45.00 $ 20.00 $ 10.00 $ 1,163.85 210 0183431290000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 211 0181822060000 $ 448.85 $ 44.89 $ 80.79 $ 45.00 $ 20.00 $ 10.00 $ 649.53 212 0183111260000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 213 0183261430000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 214 0183261400000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 215 0183351100000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 216 0183351120000 $ 231.62 $ 23.16 $ 41.69 $ 45.00 $ 20.00 $ 10.00 $ 371.47 217 0181811060000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 218 0181961180000 $ 68.22 $ 6.82 $ 12.28 $ 45.00 $ 20.00 $ 10.00 $ 162.32 219 0181822120000 $ 738.35 $ 73.84 $ 132.90 $ 45.00 $ 20.00 $ 10.00 $ 1,020.09 220 0183281580000 $ 906.36 $ 90.64 $ 163.14 $ 45.00 $ 20.00 $ 10.00 $ 1,235.14 221 0181931030000 $ 350.17 $ 35.02 $ 63.03 $ 45.00 $ 20.00 $ 10.00 $ 523.22 222 0181931200000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 223 0183441070000 $ 370.10 $ 37.01 $ 66.62 $ 45.00 $ 20.00 $ 10.00 $ 548.73 224 0181971230000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 225 0181971370000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65
7.a
Packet Pg. 47
Attachment: Reso and Exhibit A - PUBLIC Lien Hearing Listing as of 7-8-24 (5705 : Lien Protest Hearing for Delinquent Trash & Sewer PRELIMINARY LIEN LIST AS OF JULY 8, 2024, PROTEST HEARING - PUBLIC No. Parcel Number
Past Due
Amount
(As of
4/30/2024)
Late Fee
(10%)
Penalty
(18%) Admin Fee Lien ReleaseFee
Processing
Fee
Total Lien
Amount
226 0181071070000 $ 567.84 $ 56.78 $ 102.21 $ 45.00 $ 20.00 $ 10.00 $ 801.83 227 0181473230000 $ 251.87 $ 25.19 $ 45.34 $ 45.00 $ 20.00 $ 10.00 $ 397.40 228 0183301640000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 229 0183381650000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 230 0181114070000 $ 420.36 $ 42.04 $ 75.66 $ 45.00 $ 20.00 $ 10.00 $ 613.06 231 0181461030000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 232 0181462200000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 233 0181354250000 $ 85.06 $ 8.51 $ 15.31 $ 45.00 $ 20.00 $ 10.00 $ 183.88 234 0183381470000 $ 50.00 $ 5.00 $ 9.00 $ 45.00 $ 20.00 $ 10.00 $ 139.00 235 0183521240000 $ 558.06 $ 55.81 $ 100.45 $ 45.00 $ 20.00 $ 10.00 $ 789.32 236 0428321010000 $ 341.38 $ 34.14 $ 61.45 $ 45.00 $ 20.00 $ 10.00 $ 511.97 237 0424271150000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 238 0424271410000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 239 0183341140000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 240 0181682060000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 241 0427071060000 $ 68.24 $ 6.82 $ 12.28 $ 45.00 $ 20.00 $ 10.00 $ 162.34 242 0181274040000 $ 469.46 $ 46.95 $ 84.50 $ 45.00 $ 20.00 $ 10.00 $ 675.91 243 0181162080000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 244 0181822110000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 245 0181473140000 $ 558.06 $ 55.81 $ 100.45 $ 45.00 $ 20.00 $ 10.00 $ 789.32 246 0181102160000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 247 0181591060000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 248 0183091340000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 249 0181811020000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 250 0183051380000 $ 665.35 $ 66.54 $ 119.76 $ 45.00 $ 20.00 $ 10.00 $ 926.65 251 0182153280000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 252 0181582080000 $ 263.13 $ 26.31 $ 47.36 $ 45.00 $ 20.00 $ 10.00 $ 411.80 253 0182161110000 $ 974.65 $ 97.47 $ 175.44 $ 45.00 $ 20.00 $ 10.00 $ 1,322.56 254 0181075010000 $ 656.27 $ 65.63 $ 118.13 $ 45.00 $ 20.00 $ 10.00 $ 915.03 255 0183561050000 $ 420.36 $ 42.04 $ 75.66 $ 45.00 $ 20.00 $ 10.00 $ 613.06 256 0181081020000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 257 0181243070000 $ 863.61 $ 86.36 $ 155.45 $ 45.00 $ 20.00 $ 10.00 $ 1,180.42 258 0183341440000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 259 0181412250000 $ 417.52 $ 41.75 $ 75.15 $ 45.00 $ 20.00 $ 10.00 $ 609.42 260 0183301670000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 261 0183481810000 $ 698.60 $ 69.86 $ 125.75 $ 45.00 $ 20.00 $ 10.00 $ 969.21 262 0181074140000 $ 852.88 $ 85.29 $ 153.52 $ 45.00 $ 20.00 $ 10.00 $ 1,166.69 263 0182212310000 $ 209.61 $ 20.96 $ 37.73 $ 45.00 $ 20.00 $ 10.00 $ 343.30 264 0183581370000 $ 420.36 $ 42.04 $ 75.66 $ 45.00 $ 20.00 $ 10.00 $ 613.06 265 0182261050000 $ 425.40 $ 42.54 $ 76.57 $ 45.00 $ 20.00 $ 10.00 $ 619.51 266 0183581450000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 267 0181901350000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 268 0428321360000 $ 417.52 $ 41.75 $ 75.15 $ 45.00 $ 20.00 $ 10.00 $ 609.42 269 0183281730000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 270 0181485090000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65
7.a
Packet Pg. 48
Attachment: Reso and Exhibit A - PUBLIC Lien Hearing Listing as of 7-8-24 (5705 : Lien Protest Hearing for Delinquent Trash & Sewer PRELIMINARY LIEN LIST AS OF JULY 8, 2024, PROTEST HEARING - PUBLIC No. Parcel Number
Past Due
Amount
(As of
4/30/2024)
Late Fee
(10%)
Penalty
(18%) Admin Fee Lien ReleaseFee
Processing
Fee
Total Lien
Amount
271 0183491240000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 272 0181176020000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 273 0183511560000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 274 0183301410000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 275 0182113010000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 276 0181163040000 $ 540.57 $ 54.06 $ 97.30 $ 45.00 $ 20.00 $ 10.00 $ 766.93 277 0428321300000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 278 0181482270000 $ 517.18 $ 51.72 $ 93.09 $ 45.00 $ 20.00 $ 10.00 $ 736.99 279 0181474010000 $ 567.84 $ 56.78 $ 102.21 $ 45.00 $ 20.00 $ 10.00 $ 801.83 280 0183381700000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 281 0428331130000 $ 420.36 $ 42.04 $ 75.66 $ 45.00 $ 20.00 $ 10.00 $ 613.06 282 0183381210000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 283 0183311370000 $ 308.02 $ 30.80 $ 55.44 $ 45.00 $ 20.00 $ 10.00 $ 469.26 284 0183011460000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 285 0428331040000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 286 0181411020000 $ 882.98 $ 88.30 $ 158.94 $ 45.00 $ 20.00 $ 10.00 $ 1,205.22 287 0181272160000 $ 880.42 $ 88.04 $ 158.48 $ 45.00 $ 20.00 $ 10.00 $ 1,201.94 288 0183331460000 $ 135.70 $ 13.57 $ 24.43 $ 45.00 $ 20.00 $ 10.00 $ 248.70 289 0181472160000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 290 0427202140000 $ 65.54 $ 6.55 $ 11.80 $ 45.00 $ 20.00 $ 10.00 $ 158.89 291 0183481690000 $ 462.53 $ 46.25 $ 83.26 $ 45.00 $ 20.00 $ 10.00 $ 667.04 292 0183351180000 $ 417.52 $ 41.75 $ 75.15 $ 45.00 $ 20.00 $ 10.00 $ 609.42 293 0181151160000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 294 0181791140000 $ 135.91 $ 13.59 $ 24.46 $ 45.00 $ 20.00 $ 10.00 $ 248.96 295 0181901080000 $ 665.35 $ 66.54 $ 119.76 $ 45.00 $ 20.00 $ 10.00 $ 926.65 296 0428012100000 $ 241.85 $ 24.19 $ 43.53 $ 45.00 $ 20.00 $ 10.00 $ 384.57 297 0181175040000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 298 0427063020000 $ 227.64 $ 22.76 $ 40.98 $ 45.00 $ 20.00 $ 10.00 $ 366.38 299 0183301530000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 300 0183381250000 $ 726.78 $ 72.68 $ 130.82 $ 45.00 $ 20.00 $ 10.00 $ 1,005.28 301 0181161220000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 302 0181592090000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 303 0181274080000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 304 0183301340000 $ 570.82 $ 57.08 $ 102.75 $ 45.00 $ 20.00 $ 10.00 $ 805.65 305 0181279110000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 306 0183011080000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 307 0181243300000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 308 0183011340000 $ 567.84 $ 56.78 $ 102.21 $ 45.00 $ 20.00 $ 10.00 $ 801.83 309 0424181030000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 310 0183572190000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 311 0424271520000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 312 0183481640000 $ 974.65 $ 97.47 $ 175.44 $ 45.00 $ 20.00 $ 10.00 $ 1,322.56 313 0183401030000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 314 0183301380000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 315 0181371040000 $ 270.52 $ 27.05 $ 48.69 $ 45.00 $ 20.00 $ 10.00 $ 421.26
7.a
Packet Pg. 49
Attachment: Reso and Exhibit A - PUBLIC Lien Hearing Listing as of 7-8-24 (5705 : Lien Protest Hearing for Delinquent Trash & Sewer PRELIMINARY LIEN LIST AS OF JULY 8, 2024, PROTEST HEARING - PUBLIC No. Parcel Number
Past Due
Amount
(As of
4/30/2024)
Late Fee
(10%)
Penalty
(18%) Admin Fee Lien ReleaseFee
Processing
Fee
Total Lien
Amount
316 0428321200000 $ 435.50 $ 43.55 $ 78.39 $ 45.00 $ 20.00 $ 10.00 $ 632.44 317 0183481030000 $ 698.60 $ 69.86 $ 125.75 $ 45.00 $ 20.00 $ 10.00 $ 969.21 318 0183052110000 $ 271.04 $ 27.10 $ 48.79 $ 45.00 $ 20.00 $ 10.00 $ 421.93 319 0428012680000 $ 99.88 $ 9.99 $ 17.98 $ 45.00 $ 20.00 $ 10.00 $ 202.85 320 0183571420000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 321 0181412240000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 322 0183331470000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 323 0183121280000 $ 417.52 $ 41.75 $ 75.15 $ 45.00 $ 20.00 $ 10.00 $ 609.42 324 0183381600000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 325 0183052340000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 326 0182102050000 $ 553.96 $ 55.40 $ 99.71 $ 45.00 $ 20.00 $ 10.00 $ 784.07 327 0183351110000 $ 538.91 $ 53.89 $ 97.00 $ 45.00 $ 20.00 $ 10.00 $ 764.80 328 0183241400000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 329 0183311310000 $ 558.06 $ 55.81 $ 100.45 $ 45.00 $ 20.00 $ 10.00 $ 789.32 330 0181462110000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 331 0181862040000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 332 0183381480000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 333 0181053020000 $ 1,730.51 $ 173.05 $ 311.49 $ 45.00 $ 20.00 $ 10.00 $ 2,290.05 334 0428012090000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 335 0424103020000 $ 425.40 $ 42.54 $ 76.57 $ 45.00 $ 20.00 $ 10.00 $ 619.51 336 0183481730000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 337 0182112070000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 338 0182104100000 $ 214.42 $ 21.44 $ 38.60 $ 45.00 $ 20.00 $ 10.00 $ 349.46 339 0181472090000 $ 306.98 $ 30.70 $ 55.26 $ 45.00 $ 20.00 $ 10.00 $ 467.94 340 0183572140000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 341 0183401370000 $ 145.93 $ 14.59 $ 26.27 $ 45.00 $ 20.00 $ 10.00 $ 261.79 342 0182094120000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 343 0181571200000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 344 0181591100000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 345 0183331550000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 346 0183572450000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 347 0183591430000 $ 213.78 $ 21.38 $ 38.48 $ 45.00 $ 20.00 $ 10.00 $ 348.64 348 0182163060000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 349 0424271340000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 350 0181901170000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 351 0428321400000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 352 0183401600000 $ 292.05 $ 29.21 $ 52.57 $ 45.00 $ 20.00 $ 10.00 $ 448.83 353 0183481480000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 354 0181353140000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 355 0183101320000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 356 0181541110000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 357 0183311090000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 358 0183311040000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 359 0181821110000 $ 805.94 $ 80.59 $ 145.07 $ 45.00 $ 20.00 $ 10.00 $ 1,106.60 360 0181114140000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65
7.a
Packet Pg. 50
Attachment: Reso and Exhibit A - PUBLIC Lien Hearing Listing as of 7-8-24 (5705 : Lien Protest Hearing for Delinquent Trash & Sewer PRELIMINARY LIEN LIST AS OF JULY 8, 2024, PROTEST HEARING - PUBLIC No. Parcel Number
Past Due
Amount
(As of
4/30/2024)
Late Fee
(10%)
Penalty
(18%) Admin Fee Lien ReleaseFee
Processing
Fee
Total Lien
Amount
361 0181102290000 $ 153.42 $ 15.34 $ 27.62 $ 45.00 $ 20.00 $ 10.00 $ 271.38 362 0182103060000 $ 840.69 $ 84.07 $ 151.32 $ 45.00 $ 20.00 $ 10.00 $ 1,151.08 363 0183281300000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 364 0183301600000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 365 0181092160000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 366 0428321460000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 367 0183351010000 $ 713.77 $ 71.38 $ 128.48 $ 45.00 $ 20.00 $ 10.00 $ 988.63 368 0181901310000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 369 0183551160000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 370 0424113040000 $ 425.40 $ 42.54 $ 76.57 $ 45.00 $ 20.00 $ 10.00 $ 619.51 371 0181102310000 $ 1,730.51 $ 173.05 $ 311.49 $ 45.00 $ 20.00 $ 10.00 $ 2,290.05 372 0424271530000 $ 472.80 $ 47.28 $ 85.10 $ 45.00 $ 20.00 $ 10.00 $ 680.18 373 0183101410000 $ 420.36 $ 42.04 $ 75.66 $ 45.00 $ 20.00 $ 10.00 $ 613.06 374 0428012380000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 375 0183271270000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 376 0183011320000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 377 0182151290000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 378 0183052170000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 379 0426051010000 $ 399.70 $ 39.97 $ 71.95 $ 45.00 $ 20.00 $ 10.00 $ 586.62 380 0181073210000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 381 0181276090000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 382 0183101360000 $ 717.87 $ 71.79 $ 129.22 $ 45.00 $ 20.00 $ 10.00 $ 993.88 383 0183311470000 $ 369.82 $ 36.98 $ 66.57 $ 45.00 $ 20.00 $ 10.00 $ 548.37 384 0183491210000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 385 0183511430000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 386 0183591810000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 387 0181074130000 $ 558.06 $ 55.81 $ 100.45 $ 45.00 $ 20.00 $ 10.00 $ 789.32 388 0181151110000 $ 567.84 $ 56.78 $ 102.21 $ 45.00 $ 20.00 $ 10.00 $ 801.83 389 0181081050000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 390 0424271230000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 391 0183521330000 $ 282.37 $ 28.24 $ 50.83 $ 45.00 $ 20.00 $ 10.00 $ 436.44 392 0182162030000 $ 627.48 $ 62.75 $ 112.95 $ 45.00 $ 20.00 $ 10.00 $ 878.18 393 0181243020000 $ 130.61 $ 13.06 $ 23.51 $ 45.00 $ 20.00 $ 10.00 $ 242.18 394 0183311070000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 395 0183101220000 $ 417.52 $ 41.75 $ 75.15 $ 45.00 $ 20.00 $ 10.00 $ 609.42 396 0181582090000 $ 263.13 $ 26.31 $ 47.36 $ 45.00 $ 20.00 $ 10.00 $ 411.80 397 0428361560000 $ 143.38 $ 14.34 $ 25.81 $ 45.00 $ 20.00 $ 10.00 $ 258.53 398 0183381760000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 399 0181372150000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 400 0183511570000 $ 404.78 $ 40.48 $ 72.86 $ 45.00 $ 20.00 $ 10.00 $ 593.12 401 0183361160000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 402 0183491060000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 403 0181485190000 $ 495.17 $ 49.52 $ 89.13 $ 45.00 $ 20.00 $ 10.00 $ 708.82 404 0183491520000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 405 0183521370000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86
7.a
Packet Pg. 51
Attachment: Reso and Exhibit A - PUBLIC Lien Hearing Listing as of 7-8-24 (5705 : Lien Protest Hearing for Delinquent Trash & Sewer PRELIMINARY LIEN LIST AS OF JULY 8, 2024, PROTEST HEARING - PUBLIC No. Parcel Number
Past Due
Amount
(As of
4/30/2024)
Late Fee
(10%)
Penalty
(18%) Admin Fee Lien ReleaseFee
Processing
Fee
Total Lien
Amount
406 0183121190000 $ 326.97 $ 32.70 $ 58.85 $ 45.00 $ 20.00 $ 10.00 $ 493.52 407 0424217210000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 408 0181981760000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 409 0183251010000 $ 567.84 $ 56.78 $ 102.21 $ 45.00 $ 20.00 $ 10.00 $ 801.83 410 0181793130000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 411 0182151200000 $ 974.65 $ 97.47 $ 175.44 $ 45.00 $ 20.00 $ 10.00 $ 1,322.56 412 0183381830000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 413 0181152060000 $ 567.84 $ 56.78 $ 102.21 $ 45.00 $ 20.00 $ 10.00 $ 801.83 414 0183591820000 $ 416.05 $ 41.61 $ 74.89 $ 45.00 $ 20.00 $ 10.00 $ 607.55 415 0183061740000 $ 558.06 $ 55.81 $ 100.45 $ 45.00 $ 20.00 $ 10.00 $ 789.32 416 0181374040000 $ 565.35 $ 56.54 $ 101.76 $ 45.00 $ 20.00 $ 10.00 $ 798.65 417 0181821070000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 418 0424217240000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 419 0183571250000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 420 0181132340000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 421 0181901260000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 422 0183561650000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 423 0427204120000 $ 68.24 $ 6.82 $ 12.28 $ 45.00 $ 20.00 $ 10.00 $ 162.34 424 0181682180000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 425 0428341070000 $ 638.76 $ 63.88 $ 114.98 $ 45.00 $ 20.00 $ 10.00 $ 892.62 426 0183501260000 $ 809.32 $ 80.93 $ 145.68 $ 45.00 $ 20.00 $ 10.00 $ 1,110.93 427 0183571280000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 428 0181371020000 $ 485.47 $ 48.55 $ 87.38 $ 45.00 $ 20.00 $ 10.00 $ 696.40 429 0182144040000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 430 0183111430000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 431 0428341320000 $ 284.22 $ 28.42 $ 51.16 $ 45.00 $ 20.00 $ 10.00 $ 438.80 432 0183591780000 $ 140.54 $ 14.05 $ 25.30 $ 45.00 $ 20.00 $ 10.00 $ 254.89 433 0183361150000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 434 0181092080000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 435 0183381120000 $ 254.42 $ 25.44 $ 45.80 $ 45.00 $ 20.00 $ 10.00 $ 400.66 436 0181971190000 $ 420.36 $ 42.04 $ 75.66 $ 45.00 $ 20.00 $ 10.00 $ 613.06 437 0183381710000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 438 0182111120000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 439 0182132160000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 440 0182241410000 $ 425.40 $ 42.54 $ 76.57 $ 45.00 $ 20.00 $ 10.00 $ 619.51 441 0183451000000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 442 0183491570000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 443 0181181120000 $ 156.68 $ 15.67 $ 28.20 $ 45.00 $ 20.00 $ 10.00 $ 275.55 444 0427381130000 $ 425.40 $ 42.54 $ 76.57 $ 45.00 $ 20.00 $ 10.00 $ 619.51 445 0428321480000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 446 0183051450000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 447 0183471040000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 448 0182151380000 $ 974.65 $ 97.47 $ 175.44 $ 45.00 $ 20.00 $ 10.00 $ 1,322.56 449 0181681180000 $ 311.44 $ 31.14 $ 56.06 $ 45.00 $ 20.00 $ 10.00 $ 473.64 450 0183201360000 $ 567.84 $ 56.78 $ 102.21 $ 45.00 $ 20.00 $ 10.00 $ 801.83
7.a
Packet Pg. 52
Attachment: Reso and Exhibit A - PUBLIC Lien Hearing Listing as of 7-8-24 (5705 : Lien Protest Hearing for Delinquent Trash & Sewer PRELIMINARY LIEN LIST AS OF JULY 8, 2024, PROTEST HEARING - PUBLIC No. Parcel Number
Past Due
Amount
(As of
4/30/2024)
Late Fee
(10%)
Penalty
(18%) Admin Fee Lien ReleaseFee
Processing
Fee
Total Lien
Amount
451 0183572370000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 452 0183401690000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 453 0183371210000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 454 0182142050000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 455 0181971080000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 456 0181561020000 $ 244.48 $ 24.45 $ 44.01 $ 45.00 $ 20.00 $ 10.00 $ 387.94 457 0181961030000 $ 567.84 $ 56.78 $ 102.21 $ 45.00 $ 20.00 $ 10.00 $ 801.83 458 0183301700000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 459 0181205270000 $ 124.63 $ 12.46 $ 22.43 $ 45.00 $ 20.00 $ 10.00 $ 234.52 460 0183491260000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 461 0183481300000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 462 0182133090000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 463 0428301400000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 464 0183301370000 $ 660.40 $ 66.04 $ 118.87 $ 45.00 $ 20.00 $ 10.00 $ 920.31 465 0183501100000 $ 240.79 $ 24.08 $ 43.34 $ 45.00 $ 20.00 $ 10.00 $ 383.21 466 0181274050000 $ 974.65 $ 97.47 $ 175.44 $ 45.00 $ 20.00 $ 10.00 $ 1,322.56 467 0183011110000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 468 0182142320000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 469 0183101130000 $ 311.44 $ 31.14 $ 56.06 $ 45.00 $ 20.00 $ 10.00 $ 473.64 470 0181412030000 $ 558.06 $ 55.81 $ 100.45 $ 45.00 $ 20.00 $ 10.00 $ 789.32 471 0183501440000 $ 719.42 $ 71.94 $ 129.50 $ 45.00 $ 20.00 $ 10.00 $ 995.86 472 0183331150000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 473 0421292060000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 474 0181812260000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 475 0183561530000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 476 0183041360000 $ 154.70 $ 15.47 $ 27.85 $ 45.00 $ 20.00 $ 10.00 $ 273.02 477 0183401580000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 478 0181174010000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 479 0424272010000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 480 0181177050000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 481 0181153050000 $ 147.48 $ 14.75 $ 26.55 $ 45.00 $ 20.00 $ 10.00 $ 263.78 482 0182041060000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 483 0427204040000 $ 357.92 $ 35.79 $ 64.43 $ 45.00 $ 20.00 $ 10.00 $ 533.14 484 0181372070000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 485 0181582070000 $ 567.84 $ 56.78 $ 102.21 $ 45.00 $ 20.00 $ 10.00 $ 801.83 486 0181582060000 $ 420.36 $ 42.04 $ 75.66 $ 45.00 $ 20.00 $ 10.00 $ 613.06 487 0181353120000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 488 0181462330000 $ 567.84 $ 56.78 $ 102.21 $ 45.00 $ 20.00 $ 10.00 $ 801.83 489 0183241410000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 490 0181272140000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 491 0183361340000 $ 276.98 $ 27.70 $ 49.86 $ 45.00 $ 20.00 $ 10.00 $ 429.54 492 0183581250000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 493 0181094010000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 494 0181353110000 $ 126.98 $ 12.70 $ 22.86 $ 45.00 $ 20.00 $ 10.00 $ 237.54 495 0424121160000 $ 425.40 $ 42.54 $ 76.57 $ 45.00 $ 20.00 $ 10.00 $ 619.51
7.a
Packet Pg. 53
Attachment: Reso and Exhibit A - PUBLIC Lien Hearing Listing as of 7-8-24 (5705 : Lien Protest Hearing for Delinquent Trash & Sewer PRELIMINARY LIEN LIST AS OF JULY 8, 2024, PROTEST HEARING - PUBLIC No. Parcel Number
Past Due
Amount
(As of
4/30/2024)
Late Fee
(10%)
Penalty
(18%) Admin Fee Lien ReleaseFee
Processing
Fee
Total Lien
Amount
496 0181473130000 $ 974.65 $ 97.47 $ 175.44 $ 45.00 $ 20.00 $ 10.00 $ 1,322.56 497 0183241510000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 498 0428331270000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 499 0181981240000 $ 576.81 $ 57.68 $ 103.83 $ 45.00 $ 20.00 $ 10.00 $ 813.32 500 0428361660000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 501 0424272190000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 502 0428341330000 $ 153.42 $ 15.34 $ 27.62 $ 45.00 $ 20.00 $ 10.00 $ 271.38 503 0181981390000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 504 0181981450000 $ 309.74 $ 30.97 $ 55.75 $ 45.00 $ 20.00 $ 10.00 $ 471.46 505 0181981670000 $ 136.44 $ 13.64 $ 24.56 $ 45.00 $ 20.00 $ 10.00 $ 249.64 506 0181981470000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 507 0181981330000 $ 417.83 $ 41.78 $ 75.21 $ 45.00 $ 20.00 $ 10.00 $ 609.82 508 0181981610000 $ 558.06 $ 55.81 $ 100.45 $ 45.00 $ 20.00 $ 10.00 $ 789.32 509 0181981600000 $ 974.65 $ 97.47 $ 175.44 $ 45.00 $ 20.00 $ 10.00 $ 1,322.56 510 0181981720000 $ 220.36 $ 22.04 $ 39.66 $ 45.00 $ 20.00 $ 10.00 $ 357.06 511 0183111420000 $ 974.65 $ 97.47 $ 175.44 $ 45.00 $ 20.00 $ 10.00 $ 1,322.56 512 0181482500000 $ 576.04 $ 57.60 $ 103.69 $ 45.00 $ 20.00 $ 10.00 $ 812.33 513 0181174050000 $ 517.46 $ 51.75 $ 93.14 $ 45.00 $ 20.00 $ 10.00 $ 737.35 514 0181354010000 $ 638.76 $ 63.88 $ 114.98 $ 45.00 $ 20.00 $ 10.00 $ 892.62 515 0181073480000 $ 467.52 $ 46.75 $ 84.15 $ 45.00 $ 20.00 $ 10.00 $ 673.42 516 0427021450000 $ 75.22 $ 7.52 $ 13.54 $ 45.00 $ 20.00 $ 10.00 $ 171.28 517 0427431070000 $ 4,143.16 $ 414.32 $ 745.77 $ 45.00 $ 20.00 $ 10.00 $ 5,378.25 518 0181143090000 $ 115.81 $ 11.58 $ 20.85 $ 45.00 $ 20.00 $ 10.00 $ 223.24 519 0427021390000 $ 5,407.08 $ 540.71 $ 973.27 $ 45.00 $ 20.00 $ 10.00 $ 6,996.06 520 0181011360000 $ 189.23 $ 18.92 $ 34.06 $ 45.00 $ 20.00 $ 10.00 $ 317.21 521 0427031100000 $ 162.04 $ 16.20 $ 29.17 $ 45.00 $ 20.00 $ 10.00 $ 282.41 522 0427062010000 $ 980.53 $ 98.05 $ 176.50 $ 45.00 $ 20.00 $ 10.00 $ 1,330.08 523 0182081040000 $ 1,238.13 $ 123.81 $ 222.86 $ 45.00 $ 20.00 $ 10.00 $ 1,659.80 524 0181163110000 $ 703.65 $ 70.37 $ 126.66 $ 45.00 $ 20.00 $ 10.00 $ 975.68 525 018110112000 $ 1,499.34 $ 149.93 $ 269.88 $ 45.00 $ 20.00 $ 10.00 $ 1,994.15 526 0181161660000 $ 297.74 $ 29.77 $ 53.59 $ 45.00 $ 20.00 $ 10.00 $ 456.10 527 0182041430000 $ 616.88 $ 61.69 $ 111.04 $ 45.00 $ 20.00 $ 10.00 $ 864.61 528 0182041500000 $ 388.01 $ 38.80 $ 69.84 $ 45.00 $ 20.00 $ 10.00 $ 571.65 529 0181041180000 $ 718.59 $ 71.86 $ 129.35 $ 45.00 $ 20.00 $ 10.00 $ 994.80 530 0427031110000 $ 215.52 $ 21.55 $ 38.79 $ 45.00 $ 20.00 $ 10.00 $ 350.86 531 0181292240000 $ 571.16 $ 57.12 $ 102.81 $ 45.00 $ 20.00 $ 10.00 $ 806.09 532 0181241040000 $ 1,069.76 $ 106.98 $ 192.56 $ 45.00 $ 20.00 $ 10.00 $ 1,444.30 533 0427063190000 $ 5,312.07 $ 531.21 $ 956.17 $ 45.00 $ 20.00 $ 10.00 $ 6,874.45 534 0421313410000 $ 31,385.26 $ 3,138.53 $ 5,649.35 $ 45.00 $ 20.00 $ 10.00 $ 40,248.14 535 0183261440000 $ 477.80 $ 47.78 $ 86.00 $ 45.00 $ 20.00 $ 10.00 $ 686.58 536 0421313570000 $ 814.60 $ 81.46 $ 146.63 $ 45.00 $ 20.00 $ 10.00 $ 1,117.69 537 0181841160000 $ 8,586.07 $ 858.61 $ 1,545.49 $ 45.00 $ 20.00 $ 10.00 $ 11,065.17 538 0424191210000 $ 106.47 $ 10.65 $ 19.16 $ 45.00 $ 20.00 $ 10.00 $ 211.28 539 0427431140000 $ 1,231.70 $ 123.17 $ 221.71 $ 45.00 $ 20.00 $ 10.00 $ 1,651.58 540 0421313570000 $ 1,461.60 $ 146.16 $ 263.09 $ 45.00 $ 20.00 $ 10.00 $ 1,945.85
7.a
Packet Pg. 54
Attachment: Reso and Exhibit A - PUBLIC Lien Hearing Listing as of 7-8-24 (5705 : Lien Protest Hearing for Delinquent Trash & Sewer PRELIMINARY LIEN LIST AS OF JULY 8, 2024, PROTEST HEARING - PUBLIC No. Parcel Number
Past Due
Amount
(As of
4/30/2024)
Late Fee
(10%)
Penalty
(18%) Admin Fee Lien ReleaseFee
Processing
Fee
Total Lien
Amount
541 0181841350000 $ 519.27 $ 51.93 $ 93.47 $ 45.00 $ 20.00 $ 10.00 $ 739.67 542 0181084050000 $ 4,401.59 $ 440.16 $ 792.29 $ 45.00 $ 20.00 $ 10.00 $ 5,709.04 543 0421313570000 $ 1,974.40 $ 197.44 $ 355.39 $ 45.00 $ 20.00 $ 10.00 $ 2,602.23 544 0181164020000 $ 5,177.58 $ 517.76 $ 931.96 $ 45.00 $ 20.00 $ 10.00 $ 6,702.30 545 0181321170000 $ 204.64 $ 20.46 $ 36.84 $ 45.00 $ 20.00 $ 10.00 $ 336.94 546 0427031160000 $ 542.55 $ 54.26 $ 97.66 $ 45.00 $ 20.00 $ 10.00 $ 769.47 547 0182041140000 $ 1,725.79 $ 172.58 $ 310.64 $ 45.00 $ 20.00 $ 10.00 $ 2,284.01 548 0183101040000 $ 298.44 $ 29.84 $ 53.72 $ 45.00 $ 20.00 $ 10.00 $ 457.00 549 0182111100000 $ 1,471.77 $ 147.18 $ 264.92 $ 45.00 $ 20.00 $ 10.00 $ 1,958.87 550 0183071200000 $ 1,133.20 $ 113.32 $ 203.98 $ 45.00 $ 20.00 $ 10.00 $ 1,525.50 551 0183171190000 $ 1,725.79 $ 172.58 $ 310.64 $ 45.00 $ 20.00 $ 10.00 $ 2,284.01 552 0181091360000 $ 839.49 $ 83.95 $ 151.11 $ 45.00 $ 20.00 $ 10.00 $ 1,149.55 553 0181321200000 $ 1,725.79 $ 172.58 $ 310.64 $ 45.00 $ 20.00 $ 10.00 $ 2,284.01 554 0183241350000 $ 2,571.77 $ 257.18 $ 462.92 $ 45.00 $ 20.00 $ 10.00 $ 3,366.87 555 0181074020000 $ 1,116.10 $ 111.61 $ 200.90 $ 45.00 $ 20.00 $ 10.00 $ 1,503.61 556 0183241340000 $ 1,725.79 $ 172.58 $ 310.64 $ 45.00 $ 20.00 $ 10.00 $ 2,284.01 557 0181181150000 $ 862.99 $ 86.30 $ 155.34 $ 45.00 $ 20.00 $ 10.00 $ 1,179.63 558 0183261100000 $ 2,588.77 $ 258.88 $ 465.98 $ 45.00 $ 20.00 $ 10.00 $ 3,388.63 559 0181161020000 $ 1,725.79 $ 172.58 $ 310.64 $ 45.00 $ 20.00 $ 10.00 $ 2,284.01 560 0181113120000 $ 439.95 $ 44.00 $ 79.19 $ 45.00 $ 20.00 $ 10.00 $ 638.14 561 0182094110000 $ 1,741.35 $ 174.14 $ 313.44 $ 45.00 $ 20.00 $ 10.00 $ 2,303.93 562 0181321180000 $ 1,435.09 $ 143.51 $ 258.32 $ 45.00 $ 20.00 $ 10.00 $ 1,911.92 563 0181323120000 $ 1,725.79 $ 172.58 $ 310.64 $ 45.00 $ 20.00 $ 10.00 $ 2,284.01 564 0424241520000 $ 846.04 $ 84.60 $ 152.29 $ 45.00 $ 20.00 $ 10.00 $ 1,157.93 565 0181324050000 $ 1,435.09 $ 143.51 $ 258.32 $ 45.00 $ 20.00 $ 10.00 $ 1,911.92 566 0181561170000 $ 1,133.20 $ 113.32 $ 203.98 $ 45.00 $ 20.00 $ 10.00 $ 1,525.50 567 0181082110000 $ 801.95 $ 80.20 $ 144.35 $ 45.00 $ 20.00 $ 10.00 $ 1,101.50 568 0181151040000 $ 958.03 $ 95.80 $ 172.45 $ 45.00 $ 20.00 $ 10.00 $ 1,301.28 569 0181052050000 $ 615.98 $ 61.60 $ 110.88 $ 45.00 $ 20.00 $ 10.00 $ 863.46 570 0181052060000 $ 1,125.02 $ 112.50 $ 202.50 $ 45.00 $ 20.00 $ 10.00 $ 1,515.02 571 0181141070000 $ 2,152.71 $ 215.27 $ 387.49 $ 45.00 $ 20.00 $ 10.00 $ 2,830.47 572 0182141010000 $ 862.99 $ 86.30 $ 155.34 $ 45.00 $ 20.00 $ 10.00 $ 1,179.63 573 0428122150000 $ 1,435.09 $ 143.51 $ 258.32 $ 45.00 $ 20.00 $ 10.00 $ 1,911.92 574 0181323130000 $ 914.61 $ 91.46 $ 164.63 $ 45.00 $ 20.00 $ 10.00 $ 1,245.70 575 0181092060000 $ 830.94 $ 83.09 $ 149.57 $ 45.00 $ 20.00 $ 10.00 $ 1,138.60 576 0424121260000 $ 712.19 $ 71.22 $ 128.19 $ 45.00 $ 20.00 $ 10.00 $ 986.60 577 0182093070000 $ 1,725.79 $ 172.58 $ 310.64 $ 45.00 $ 20.00 $ 10.00 $ 2,284.01 578 0181071110000 $ 865.35 $ 86.54 $ 155.76 $ 45.00 $ 20.00 $ 10.00 $ 1,182.65 579 0181161620000 $ 2,588.77 $ 258.88 $ 465.98 $ 45.00 $ 20.00 $ 10.00 $ 3,388.63 580 0181084050000 $ 1,116.10 $ 111.61 $ 200.90 $ 45.00 $ 20.00 $ 10.00 $ 1,503.61 581 0182113320000 $ 1,725.79 $ 172.58 $ 310.64 $ 45.00 $ 20.00 $ 10.00 $ 2,284.01 582 0182141010000 $ 862.99 $ 86.30 $ 155.34 $ 45.00 $ 20.00 $ 10.00 $ 1,179.63 583 0183221040000 $ 67.07 $ 6.71 $ 12.07 $ 45.00 $ 20.00 $ 10.00 $ 160.85 584 0181102150000 $ 3,994.85 $ 399.49 $ 719.07 $ 45.00 $ 20.00 $ 10.00 $ 5,188.41 585 0182112110000 $ 1,682.44 $ 168.24 $ 302.84 $ 45.00 $ 20.00 $ 10.00 $ 2,228.52
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Packet Pg. 55
Attachment: Reso and Exhibit A - PUBLIC Lien Hearing Listing as of 7-8-24 (5705 : Lien Protest Hearing for Delinquent Trash & Sewer PRELIMINARY LIEN LIST AS OF JULY 8, 2024, PROTEST HEARING - PUBLIC No. Parcel Number
Past Due
Amount
(As of
4/30/2024)
Late Fee
(10%)
Penalty
(18%) Admin Fee Lien ReleaseFee
Processing
Fee
Total Lien
Amount
586 0181075410000 $ 13,227.39 $ 1,322.74 $ 2,380.93 $ 45.00 $ 20.00 $ 10.00 $ 17,006.06 587 0182091060000 $ 3,555.20 $ 355.52 $ 639.94 $ 45.00 $ 20.00 $ 10.00 $ 4,625.66 588 0426033030000 $ 3,601.22 $ 360.12 $ 648.22 $ 45.00 $ 20.00 $ 10.00 $ 4,684.56 589 0181074140000 $ 1,007.51 $ 100.75 $ 181.35 $ 45.00 $ 20.00 $ 10.00 $ 1,364.61 590 0183431230000 $ 301.22 $ 30.12 $ 54.22 $ 45.00 $ 20.00 $ 10.00 $ 460.56 591 0427201050000 $ 4,002.54 $ 400.25 $ 720.46 $ 45.00 $ 20.00 $ 10.00 $ 5,198.25 592 0181075240000 $ 313.00 $ 31.30 $ 56.34 $ 45.00 $ 20.00 $ 10.00 $ 475.64 593 0421141090000 $ 3,601.22 $ 360.12 $ 648.22 $ 45.00 $ 20.00 $ 10.00 $ 4,684.56 594 0181071010000 $ 3,534.73 $ 353.47 $ 636.25 $ 45.00 $ 20.00 $ 10.00 $ 4,599.45 595 0422132500000 $ 1,449.14 $ 144.91 $ 260.85 $ 45.00 $ 20.00 $ 10.00 $ 1,929.90 596 0497292140000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 597 0497295020000 $ 70.40 $ 7.04 $ 12.67 $ 45.00 $ 20.00 $ 10.00 $ 165.11 598 0497295120000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 599 0497301240000 $ 105.60 $ 10.56 $ 19.01 $ 45.00 $ 20.00 $ 10.00 $ 210.17 600 0422101070000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 601 0422102300000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 602 0422112030000 $ 294.26 $ 29.43 $ 52.97 $ 45.00 $ 20.00 $ 10.00 $ 451.66 603 0422112120000 $ 233.53 $ 23.35 $ 42.04 $ 45.00 $ 20.00 $ 10.00 $ 373.92 604 0422182200000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 605 0422112150000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 606 0422191130000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 607 0422193010000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 608 0422202070000 $ 398.79 $ 39.88 $ 71.78 $ 45.00 $ 20.00 $ 10.00 $ 585.45 609 0422202110000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 610 0422203020000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 611 0422203140000 $ 106.66 $ 10.67 $ 19.20 $ 45.00 $ 20.00 $ 10.00 $ 211.53 612 0422203160000 $ 208.21 $ 20.82 $ 37.48 $ 45.00 $ 20.00 $ 10.00 $ 341.51 613 0422213220000 $ 294.26 $ 29.43 $ 52.97 $ 45.00 $ 20.00 $ 10.00 $ 451.66 614 0422214010000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 615 0422214080000 $ 70.40 $ 7.04 $ 12.67 $ 45.00 $ 20.00 $ 10.00 $ 165.11 616 0422214110000 $ 969.29 $ 96.93 $ 174.47 $ 45.00 $ 20.00 $ 10.00 $ 1,315.69 617 0422221180000 $ 383.65 $ 38.37 $ 69.06 $ 45.00 $ 20.00 $ 10.00 $ 566.08 618 0422012040000 $ 322.22 $ 32.22 $ 58.00 $ 45.00 $ 20.00 $ 10.00 $ 487.44 619 0422021050000 $ 435.06 $ 43.51 $ 78.31 $ 45.00 $ 20.00 $ 10.00 $ 631.88 620 0422021080000 $ 202.69 $ 20.27 $ 36.48 $ 45.00 $ 20.00 $ 10.00 $ 334.44 621 0422072030000 $ 294.26 $ 29.43 $ 52.97 $ 45.00 $ 20.00 $ 10.00 $ 451.66 622 0422031110000 $ 61.91 $ 6.19 $ 11.14 $ 45.00 $ 20.00 $ 10.00 $ 154.24 623 0422072160000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 624 0422192030000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 625 0422214170000 $ 373.10 $ 37.31 $ 67.16 $ 45.00 $ 20.00 $ 10.00 $ 552.57 626 0422071160000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 627 0422191140000 $ 70.40 $ 7.04 $ 12.67 $ 45.00 $ 20.00 $ 10.00 $ 165.11 628 0422081170000 $ 326.40 $ 32.64 $ 58.75 $ 45.00 $ 20.00 $ 10.00 $ 492.79 629 0497293030000 $ 287.93 $ 28.79 $ 51.83 $ 45.00 $ 20.00 $ 10.00 $ 443.55 630 0422213040000 $ 70.40 $ 7.04 $ 12.67 $ 45.00 $ 20.00 $ 10.00 $ 165.11
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Packet Pg. 56
Attachment: Reso and Exhibit A - PUBLIC Lien Hearing Listing as of 7-8-24 (5705 : Lien Protest Hearing for Delinquent Trash & Sewer PRELIMINARY LIEN LIST AS OF JULY 8, 2024, PROTEST HEARING - PUBLIC No. Parcel Number
Past Due
Amount
(As of
4/30/2024)
Late Fee
(10%)
Penalty
(18%) Admin Fee Lien ReleaseFee
Processing
Fee
Total Lien
Amount
631 0422102160000 $ 142.91 $ 14.29 $ 25.72 $ 45.00 $ 20.00 $ 10.00 $ 257.92 632 0422121280000 $ 373.10 $ 37.31 $ 67.16 $ 45.00 $ 20.00 $ 10.00 $ 552.57 633 0422213270000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 634 0422111240000 $ 70.40 $ 7.04 $ 12.67 $ 45.00 $ 20.00 $ 10.00 $ 165.11 635 0497298060000 $ 392.70 $ 39.27 $ 70.69 $ 45.00 $ 20.00 $ 10.00 $ 577.66 636 0422213210000 $ 215.42 $ 21.54 $ 38.78 $ 45.00 $ 20.00 $ 10.00 $ 350.74 637 0497291300000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 638 0497298040000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 639 0497301610000 $ 70.40 $ 7.04 $ 12.67 $ 45.00 $ 20.00 $ 10.00 $ 165.11 640 0422202210000 $ 70.40 $ 7.04 $ 12.67 $ 45.00 $ 20.00 $ 10.00 $ 165.11 641 0422111180000 $ 226.82 $ 22.68 $ 40.83 $ 45.00 $ 20.00 $ 10.00 $ 365.33 642 0422221360000 $ 70.40 $ 7.04 $ 12.67 $ 45.00 $ 20.00 $ 10.00 $ 165.11 643 0497301430000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 644 0422121030000 $ 142.91 $ 14.29 $ 25.72 $ 45.00 $ 20.00 $ 10.00 $ 257.92 645 0497295030000 $ 142.91 $ 14.29 $ 25.72 $ 45.00 $ 20.00 $ 10.00 $ 257.92 646 0422182160000 $ 354.05 $ 35.41 $ 63.73 $ 45.00 $ 20.00 $ 10.00 $ 528.19 647 0422121310000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 648 0497298090000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 649 0497301450000 $ 151.84 $ 15.18 $ 27.33 $ 45.00 $ 20.00 $ 10.00 $ 269.35 650 0422131060000 $ 76.55 $ 7.66 $ 13.78 $ 45.00 $ 20.00 $ 10.00 $ 172.99 651 0422122160000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 652 0422044120000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 653 0422111010000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 654 0422193130000 $ 230.19 $ 23.02 $ 41.43 $ 45.00 $ 20.00 $ 10.00 $ 369.64 655 0422203200000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 656 0497291310000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 657 0497295060000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 658 0422202050000 $ 331.58 $ 33.16 $ 59.68 $ 45.00 $ 20.00 $ 10.00 $ 499.42 659 0497301040000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 660 0497301210000 $ 70.40 $ 7.04 $ 12.67 $ 45.00 $ 20.00 $ 10.00 $ 165.11 661 0497301360000 $ 106.66 $ 10.67 $ 19.20 $ 45.00 $ 20.00 $ 10.00 $ 211.53 662 0497301080000 $ 153.46 $ 15.35 $ 27.62 $ 45.00 $ 20.00 $ 10.00 $ 271.43 663 0422121070000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 664 0422054070000 $ 142.91 $ 14.29 $ 25.72 $ 45.00 $ 20.00 $ 10.00 $ 257.92 665 0422121160000 $ 294.26 $ 29.43 $ 52.97 $ 45.00 $ 20.00 $ 10.00 $ 451.66 666 0497292050000 $ 373.10 $ 37.31 $ 67.16 $ 45.00 $ 20.00 $ 10.00 $ 552.57 667 0497295040000 $ 373.10 $ 37.31 $ 67.16 $ 45.00 $ 20.00 $ 10.00 $ 552.57 668 0422043060000 $ 294.26 $ 29.43 $ 52.97 $ 45.00 $ 20.00 $ 10.00 $ 451.66 669 0497301540000 $ 70.40 $ 7.04 $ 12.67 $ 45.00 $ 20.00 $ 10.00 $ 165.11 670 0422121240000 $ 142.91 $ 14.29 $ 25.72 $ 45.00 $ 20.00 $ 10.00 $ 257.92 671 0422221350000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 672 0497298110000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 673 0422061230000 $ 215.42 $ 21.54 $ 38.78 $ 45.00 $ 20.00 $ 10.00 $ 350.74 674 0422102090000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 675 0497301130000 $ 70.40 $ 7.04 $ 12.67 $ 45.00 $ 20.00 $ 10.00 $ 165.11
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Packet Pg. 57
Attachment: Reso and Exhibit A - PUBLIC Lien Hearing Listing as of 7-8-24 (5705 : Lien Protest Hearing for Delinquent Trash & Sewer PRELIMINARY LIEN LIST AS OF JULY 8, 2024, PROTEST HEARING - PUBLIC No. Parcel Number
Past Due
Amount
(As of
4/30/2024)
Late Fee
(10%)
Penalty
(18%) Admin Fee Lien ReleaseFee
Processing
Fee
Total Lien
Amount
676 0422221050000 $ 95.77 $ 9.58 $ 17.24 $ 45.00 $ 20.00 $ 10.00 $ 197.59 677 0422181090000 $ 452.33 $ 45.23 $ 81.42 $ 45.00 $ 20.00 $ 10.00 $ 653.98 678 0422121130000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 679 0422042070000 $ 76.99 $ 7.70 $ 13.86 $ 45.00 $ 20.00 $ 10.00 $ 173.55 680 0422042140000 $ 70.40 $ 7.04 $ 12.67 $ 45.00 $ 20.00 $ 10.00 $ 165.11 681 0422182040000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 682 0422121060000 $ 70.40 $ 7.04 $ 12.67 $ 45.00 $ 20.00 $ 10.00 $ 165.11 683 0497301200000 $ 70.40 $ 7.04 $ 12.67 $ 45.00 $ 20.00 $ 10.00 $ 165.11 684 0422214090000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 685 0422072070000 $ 70.40 $ 7.04 $ 12.67 $ 45.00 $ 20.00 $ 10.00 $ 165.11 686 0422122080000 $ 370.17 $ 37.02 $ 66.63 $ 45.00 $ 20.00 $ 10.00 $ 548.82 687 0497291260000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 688 0497292280000 $ 142.91 $ 14.29 $ 25.72 $ 45.00 $ 20.00 $ 10.00 $ 257.92 689 0422202280000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 690 0422212090000 $ 137.93 $ 13.79 $ 24.83 $ 45.00 $ 20.00 $ 10.00 $ 251.55 691 0422221020000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 692 0422035020000 $ 908.10 $ 90.81 $ 163.46 $ 45.00 $ 20.00 $ 10.00 $ 1,237.37 693 0422192010000 $ 287.93 $ 28.79 $ 51.83 $ 45.00 $ 20.00 $ 10.00 $ 443.55 694 0422122130000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 695 0497292080000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 696 0422102280000 $ 70.40 $ 7.04 $ 12.67 $ 45.00 $ 20.00 $ 10.00 $ 165.11 697 0422202190000 $ 454.05 $ 45.41 $ 81.73 $ 45.00 $ 20.00 $ 10.00 $ 656.19 GRAND TOTALS: $ 484,871.89 $ 48,488.30 $ 87,276.75 $ 31,365.00 $ 13,940.00 $ 6,970.00 $ 672,911.94
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Packet Pg. 58
Attachment: Reso and Exhibit A - PUBLIC Lien Hearing Listing as of 7-8-24 (5705 : Lien Protest Hearing for Delinquent Trash & Sewer Regular Meeting
07/15/24 06:00 PM
Finance
Sydnie Harris
Resolution
Doc ID: 5714
COUNCIL RESOLUTION
AGENDA MATTER:
A RESOLUTION AUTHORIZING THE EXECUTION OF A MASTER LEASE-PURCHASE AGREEMENT
AND RELATED DOCUMENTS WITH HOLMAN CAPITAL FOR THE LEASE/PURCHASE OF A
ENFORCER PIERCE ULTIMATE CONFIGURATION PUMPER FIRE ENGINE, AND THE LEASE/PURCHASE OF A BME INTERNATIONAL TYPE # 3 BRUSH TRUCK.
EXECUTIVE SUMMARY:
The Barstow City Council previously approved the acquisition of a Fire Engine with residual funds remaining from budget savings in FY 2024. The City analyzed the impact of acquisition vs. lease in the lease-purchase of a Pierce Ultimate Configuration (PUC) Pumper Fire Engine and a BME International Type # 3 Brush Truck . It was determined by this analysis that, with the approval of the master-lease purchase agreement with Holman Capital, the City can acquire a new Fire Engine as well as a new BME International Type # 3 Brush Truck. The Council approval of BFPD Resolution XX-202X will allow the City to enter into a master lease-purchase agreement with Holman Capital to facilitate acquisition of the fire engine and brush truck.
DISCUSSION:
To facilitate the acquisition of a Pierce Fire Engine and BME Brush Truck, (2) proposals for Semi Annual Lease Financing were requested from the following entities and their total interest rate of their financing estimates were as follows:
1) Holman Capital - 6.149% plus $5,000 Documentation Fee 2) PNC Equipment Finance - 6.54%
Staff is requesting that the City Council authorize the project financing to be approved on a not to exceed basis, as the total costs of the turnkey fire engine (including all necessary after market equipment and supplies), and the brush truck are estimates based upon the knowledge that there may be necessary additions/deletions from the estimates. Therefore, the amount not to exceed would allow staff the ability to move forward with negotiating the equipment purchases while allowing some flexibility should the estimates fluctuate due to unforeseen reasons. The breakdown for the fire apparatus and equipment are detailed below:
Description Amount Not to Exceed
Fire Engine $ 1,124,984
Brush Truck $ 575,016
Total Project Cost $ 1,700,000
Based on the equipment estimates, Holman Capital has provided the best option for total cost financing for the Pierce Fire Engine, and the BME Brush Truck. The principal amount (not to exceed $1,700,000) 8 Packet Pg. 59
Regular Meeting
07/15/24 06:00 PM
Finance
Sydnie Harris
Resolution
Doc ID: 5714
COUNCIL RESOLUTION
and interest ($1,277,375.20), for the 20-year term totals $2,977,375.20 and will be paid on a semi-annual schedule, as follows:
Amount Financed: $1,700,000
Interest Rate: 6.149%
Term: 20 Years
Total Interest (20 Years): $1,277,375.20
Payment Frequency: Semi-Annual (2/year)
Semi Annual Payment Amount: $74,434.38
FISCAL IMPACT:
As per the description in Discussion Section of this staff report. The principal of $1,700,000 and interest of $1,277,375.20 over the 20-year term totals $2,977,375.20 to be paid from Measure Q - Fire Department (102.225.225.08.XXX)
RECOMMENDED ACTION:
Staff recommends the City Council:
1. Approve BFPD Resolution XX-202X authorizing the Barstow City Council to execute the Master Lease-Purchase Agreement and related documents with Holman Capital to finance the acquisition of a Pierce Fire Engine, and the BME International Brush Truck with a cost not to exceed a total of $1,700,000 collectively, as defined in the Discussion Section of this staff report. 8 Packet Pg. 60
ATTACHMENT A
Barstow City Council
Resolution No. _______-2024
8.a
Packet Pg. 61
Attachment: Attachment A - Reso - Master Equipment Lease Purchase A (5714 : A Resolution Authorizing the Execution of a Master Lease- 1 RESOLUTION NO. _______-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, AUTHORIZING THE EXECUTION
AND DELIVERY OF A MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT, PAYMENT SCHEDULE NO. 1 THEREUNDER, AND AN ESCROW AGREEMENT WITH RESPECT TO THE
ACQUISITION, PURCHASE, FINANCING, AND LEASING OF CERTAIN EQUIPMENT FOR THE PUBLIC BENEFIT; AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION.
WHEREAS, the City of Barstow (the “Lessee”), a body politic and corporate duly organized and existing as a city and political subdivision of the State of California, is authorized by the laws of the State of California to purchase, acquire, and lease personal property for the benefit of the Lessee and those it provides services to and to enter into contracts with respect thereto;
WHEREAS, the Lessee desires to purchase, acquire and lease certain equipment constituting personal property necessary for the Lessee to perform essential governmental functions, consisting of one (1) new fire truck, one (1) brush truck and other necessary equipment Lessee or its Designated Officers may deem necessary and/or desirable (the “Equipment”), in an amount not more than $1,700,000.00, which includes the cost of issuance, will be acquired through the equipment lease-purchase described herein;
WHEREAS, in order to acquire such Equipment, the Lessee proposes to enter into a Master Equipment Lease-Purchase Agreement (together with Payment Schedule No. 1 and all related exhibits, schedules, and certificates attached thereto, the “Lease Agreement”) with Holman Capital Corporation (the “Lessor”) and one Escrow Agreement (together the Disbursement/Payment Request Form and Acceptance Certificate, the “Escrow Agreement”) with the Lessor and Community Bank of Santa Maria (or substitute selected by Lessor), as escrow agent;
WHEREAS, the Lessor has agreed to assign all of its rights, title and interest in and to the Equipment, the Lease Agreement and the Escrow Agreement (collectively, the “Transaction Documents”) to Community Bank of Santa Maria (or substitute selected by Lessor) and the Lessee has consented and acknowledged to the foregoing; WHEREAS, the City Council of the Lessee deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Transaction Documents for the purchase, acquisition, and leasing of the Equipment to be therein described on the terms and conditions therein provided;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:
Section 1. Approval of Documents. The City Council of the Lessee hereby approves the form, terms and provisions of the Transaction Documents in substantially the forms presented to this meeting and authorizes and directs Andrew Espinoza Jr., Lessee’s City
8.a
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Attachment: Attachment A - Reso - Master Equipment Lease Purchase A (5714 : A Resolution Authorizing the Execution of a Master Lease- 2 Manager, and such other persons as he may delegate (the “Designated Officers”), and each of them individually, for and in the name of and on behalf of the Lessee, to execute and deliver the Transaction Documents, and any related Certificate, Exhibits, or other documents attached thereto in such forms with such changes, insertions, revisions, corrections, or amendments as shall be approved by the officer executing them. The execution of the foregoing by a Designated Officer shall constitute conclusive evidence of such officer’s and the City Council’s approval of any such changes, insertions, revisions, corrections, or amendments to the respective forms of agreements presented to this meeting.
Section 2. Other Actions Authorized. The officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Transaction Documents to carry out, give effect to, and consummate the transactions contemplated thereby (including the execution and delivery of Certificates of Acceptance and Disbursement/Payment Requests, Notice and Acknowledgements of Assignments, and any tax certificate and agreement, each with respect to and as contemplated in the Agreement and/or Escrow Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Transaction Documents. The Designated Officers and all other officers and employees of the Lessee are hereby directed and authorized to take and shall take all action necessary or reasonably required in order to select, purchase, and take delivery of the Equipment. All actions heretofore taken by officers, employees, and agents of the Lessee that are in conformity with the purposes and intent of this resolution are hereby approved, confirmed, and ratified.
Section 3. No General Liability. Nothing contained in this Resolution No. _____-2024, the Transaction Documents, nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the breach of any agreement contained in this Resolution No. _____-2024, the Transaction Documents, or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the rental payments payable under the Transaction Documents are special limited obligations of the Lessee as provided therein.
Section 4. Appointment of Authorized Lessee Representatives. The Designated Officers are each hereby designated to act as authorized representatives of the Lessee for purposes of the Transaction Documents until such time as Lessee’s City Council shall designate any other or different authorized representative for purposes of the Transaction Documents.
Section 5. Severability. If any section, paragraph, clause, or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Resolution No. ______-2024.
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Attachment: Attachment A - Reso - Master Equipment Lease Purchase A (5714 : A Resolution Authorizing the Execution of a Master Lease- 3 Section 6. Repealer. All bylaws, orders, and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, order, resolution, or ordinance or part thereof.
Section 7. Effective Date. This Resolution ______-2024 shall be effective immediately upon its approval and adoption.
PASSED, APPROVED, AND ADOPTED this 15
th day of July, 2024.
Paul Courtney,
Mayor
ATTEST:
Andrea Flores,
City Clerk
I, Andrea Flores, City Clerk for the City of Barstow and Ex-Officio Clerk for the City Council DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No. ______-2024, was adopted by said City Council at a regular meeting held on July 15, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Andrea Flores, City Clerk
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Attachment: Attachment A - Reso - Master Equipment Lease Purchase A (5714 : A Resolution Authorizing the Execution of a Master Lease-
ATTACHMENT B
Master Equipment Lease Purchase Agreement
Holman Capital Corporation
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase City of Barstow /Holman Capital Corporation
Payment Schedule No. 02 under
Master Equipment Lease-Purchase Agreement
INDEX TO LEGAL DOCUMENTS
PAYMENT SCHEDULE NO. 02
UNDER MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT
DATED OCTOBER 28, 2020 BY AND BETWEEN
HOLMAN CAPITAL CORPORATION
And
CITY OF BARSTOW
Lease Documents:
PAYMENT SCHEDULE NO. 02
Exhibit A-1 – Notice and Acknowledgment of Assignment;
Exhibit B-1 – Insurance Coverage Request;
Exhibit B-2 – Self-Insurance Rider (if applicable);
Exhibit C – Essential Use Certificate;
Exhibit D – Incumbency Certificate;
Exhibit E – Opinion of Lessee’s Counsel;
Exhibit F – Bank Qualified Certificate
Exhibit G – Post Issuance Tax Compliance Procedures;
Exhibit H – Escrow Agreement;
Exhibit I - Resolution of Lessee;
Exhibit J - UCC-1 Financing Statement with attached Schedule A (to be filed by the Investor);
Exhibit K - Form 8038-G; and
Exhibit L - Closing Memorandum/Payment Proceeds Direction
HOLMAN CAPITAL CORPORATION
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase A-1-1
PAYMENT SCHEDULE NO. 02
UNDER MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT DATED OCTOBER 28, 2020
1. DESCRIPTION OF THE EQUIPMENT:
Capital Equipment purchased pursuant to that certain Agreement with South Coast Fire Equipment, Inc. (the “Vendor”) Fire and Brush Trucks financed by this Payment Schedule dated July 26, 2024, to that certain Master Equipment Lease-Purchase Agreement dated October 28, 2020 by and between Holman Capital Corporation and City of Barstow including, without limitation, the following:
together with all accessories, attachments, substitutions and accessions.
2. EQUIPMENT LOCATION: 220 E. Mountain View Avenue, Barstow, CA 92311
3. RENTAL PAYMENT SCHEDULE: The rental payments shall be made for the Equipment as follows:
Description Type 1 Fire Truck Brush Truck Total
Fire Truck $ 1,063,435.00 $ 527,549.00 $ 1,590,984.00
Prepay Discount $ (132,330.00) $ - $ (132,330.00)
Total Project Cost $ 931,105.00 $ 527,549.00 $ 1,458,654.00 Sales Tax @8.75% $ 81,471.69 $ 46,160.54 $ 127,632.23
Apparatus with Sales Tax $ 1,012,576.69 $ 573,709.54 $ 1,586,286.23 Performance Bond $ 2,605.42 $ 1,292.50 $ 3,897.92
California Tire Fee $ 10.50 $ 14.00 $ 24.50
Contingency $ 104,791.35 $ 104,791.35
Total Project Cost $ 1,119,983.96 $ 575,016.04 $ 1,695,000.00 Documentation Fee $ 5,000.00 $ - $ 5,000.00
Total Financing Amount $ 1,124,983.96 $ 575,016.04 $ 1,700,000.00
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase A-1-2
* Assumes that all rental payments and additional rentals due on and prior to that date have been paid.
Rental payments are calculated on the basis of a 360-day year consisting of 12 months of 30 days.
4. INTEREST RATE: 6.149%
5. COMMENCEMENT DATE: July 26, 2024
6. SCHEDULED LEASE TERM: 20 Years
7. Lessee’s current Fiscal Year extends from June 30, 2024.
PAYMENT NO. DATE PAYMENT
INTEREST
COMPONENT
PRINCIPAL
COMPONENT
PURCHASE
OPTION
0 7/26/2024
1 1/26/2025 $ 74,434.38 $ 52,266.50 $ 22,167.88 $ 1,778,502.05 2 7/26/2025 $ 74,434.38 $ 51,584.95 $ 22,849.43 $ 1,754,281.65 3 1/26/2026 $ 74,434.38 $ 50,882.44 $ 23,551.94 $ 1,729,316.60 4 7/26/2026 $ 74,434.38 $ 50,158.34 $ 24,276.04 $ 1,703,583.99 5 1/26/2027 $ 74,434.38 $ 49,411.97 $ 25,022.41 $ 1,677,060.24 6 7/26/2027 $ 74,434.38 $ 48,642.66 $ 25,791.72 $ 1,649,721.01 7 1/26/2028 $ 74,434.38 $ 47,849.69 $ 26,584.69 $ 1,621,541.24 8 7/26/2028 $ 74,434.38 $ 47,032.34 $ 27,402.04 $ 1,592,495.08 9 1/26/2029 $ 74,434.38 $ 46,189.87 $ 28,244.51 $ 1,562,555.90 10 7/26/2029 $ 74,434.38 $ 45,321.49 $ 29,112.89 $ 1,531,696.24 11 1/26/2030 $ 74,434.38 $ 44,426.42 $ 30,007.96 $ 1,499,887.80 12 7/26/2030 $ 74,434.38 $ 43,503.82 $ 30,930.56 $ 1,467,101.41 13 1/26/2031 $ 74,434.38 $ 42,552.86 $ 31,881.52 $ 1,433,306.99 14 7/26/2031 $ 74,434.38 $ 41,572.66 $ 32,861.72 $ 1,398,473.57 15 1/26/2032 $ 74,434.38 $ 40,562.33 $ 33,872.05 $ 1,362,569.20 16 7/26/2032 $ 74,434.38 $ 39,520.93 $ 34,913.45 $ 1,325,560.94 17 1/26/2033 $ 74,434.38 $ 38,447.52 $ 35,986.86 $ 1,287,414.87 18 7/26/2033 $ 74,434.38 $ 37,341.10 $ 37,093.28 $ 1,248,095.99 19 1/26/2034 $ 74,434.38 $ 36,200.67 $ 38,233.71 $ 1,207,568.26 20 7/26/2034 $ 74,434.38 $ 35,025.18 $ 39,409.20 $ 1,165,794.51 21 1/26/2035 $ 74,434.38 $ 33,813.54 $ 40,620.84 $ 1,122,736.42 22 7/26/2035 $ 74,434.38 $ 32,564.65 $ 41,869.73 $ 1,078,354.50 23 1/26/2036 $ 74,434.38 $ 31,277.37 $ 43,157.01 $ 1,032,608.07 24 7/26/2036 $ 74,434.38 $ 29,950.50 $ 44,483.88 $ 985,455.16 25 1/26/2037 $ 74,434.38 $ 28,582.85 $ 45,851.53 $ 936,852.54 26 7/26/2037 $ 74,434.38 $ 27,173.14 $ 47,261.24 $ 886,755.62 27 1/26/2038 $ 74,434.38 $ 25,720.10 $ 48,714.28 $ 835,118.49 28 7/26/2038 $ 74,434.38 $ 24,222.38 $ 50,212.00 $ 781,893.77 29 1/26/2039 $ 74,434.38 $ 22,678.61 $ 51,755.77 $ 727,032.65 30 7/26/2039 $ 74,434.38 $ 21,087.38 $ 53,347.00 $ 670,484.83 31 1/26/2040 $ 74,434.38 $ 19,447.22 $ 54,987.16 $ 612,198.44 32 7/26/2040 $ 74,434.38 $ 17,756.64 $ 56,677.74 $ 552,120.04 33 1/26/2041 $ 74,434.38 $ 16,014.09 $ 58,420.29 $ 490,194.53 34 7/26/2041 $ 74,434.38 $ 14,217.95 $ 60,216.43 $ 426,365.11 35 1/26/2042 $ 74,434.38 $ 12,366.60 $ 62,067.78 $ 360,573.27 36 7/26/2042 $ 74,434.38 $ 10,458.33 $ 63,976.05 $ 292,758.65 37 1/26/2043 $ 74,434.38 $ 8,491.38 $ 65,943.00 $ 222,859.07 38 7/26/2043 $ 74,434.38 $ 6,463.96 $ 67,970.42 $ 150,810.43 39 1/26/2044 $ 74,434.38 $ 4,374.21 $ 70,060.17 $ 76,546.65 40 7/26/2044 $ 74,434.38 $ 2,220.56 $ 72,213.82 $ -
Grand Totals $ 2,977,375.20 $ 1,277,375.20 $ 1,700,000.00 $ -
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase A-1-3
8. The terms and provisions of the Master Equipment Lease-Purchase Agreement described above are hereby incorporated into this Payment Schedule by reference and made a part hereof.
9. Lessee hereby consents to the assignment by the Lessor of its rights under this Payment Schedule, which rights are evidenced by the Assignment Agreement entered into concurrently with this Payment Schedule.
10. Lessee hereby represents, warrants, and covenants that (i) its representations, warranties, and covenants set forth in the Master Equipment Lease-Purchase Agreement (particularly Paragraph 21 thereof) are true and correct as though made on the date of execution of this Schedule, and (ii) sufficient funds have been appropriated by Lessee for the payment of all rental payments due under this Payment Schedule during Lessee’s current Fiscal Year.
11. Interest, if any, accruing from the Commencement Date hereof to the actual date of funding shall be retained by Lessor as additional consideration for entering into this Schedule.
12. The following exhibits are incorporated into this Payment Schedule by this reference: Exhibit A-1 – Notice and Acknowledgment of Assignment; Exhibit B-1 – Insurance Coverage Request or, as applicable, Exhibit B-2 – Self-Insurance Rider; Exhibit C – Essential Use Certificate; Exhibit D - Incumbency Certificate; Exhibit E – Opinion of Lessee’s Counsel; Exhibit F – Bank Qualified Certificate; Exhibit G – Post-Issuance Tax Compliance Procedures; Exhibit H – Escrow Agreement; Exhibit I – Resolution of Lessee; Exhibit J – UCC-1 Financing Statement; Exhibit K – Form 8038-G; and Exhibit L – Closing Memorandum.
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase A-1-4
CITY OF BARSTOW, as Lessee HOLMAN CAPITAL CORPORATION, as Lessor By:
Name: Andrew Espinoza Jr.
Title: Interim City Manager
By:
Name: Lance Holman
Title: President & CEO
Counterpart No. _____ of two manually executed and serially numbered counterparts. To the extent that this Schedule constitutes chattel paper (as defined in the applicable provisions of the Uniform Commercial Code as enacted in the applicable state), no security or ownership interest herein may be created through the transfer or possession of any Counterpart other than Counterpart No. 1. [Signature Page to Payment Schedule No. 02]
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase A-1-5
EXHIBIT A-1
NOTICE AND ACKNOWLEDGEMENT OF SALE OF RENTAL PAYMENTS AND ASSIGNMENT OF PAYMENT SCHEDULE NO. 02 AND ESCROW AGREEMENT Holman Capital Corporation (“Lessor”) and the City of Barstow (“Lessee”) have entered into a Master Equipment Lease-Purchase Agreement dated October 28, 2020 (the “Master Lease Agreement”) and Payment Schedule No. 02 issued thereunder dated July 26, 2024, under which Lessee has, or will have prior to its execution hereof, leased equipment (the “Equipment”) described in that Payment Schedule.
Lessee is hereby notified that Lessor has assigned its right, title, and interest in and to Payment Schedule No. 02, the leased Equipment, and the rental payments as permitted by Payment Schedule No. 02 in accordance with the Master Lease Agreement.
Lessee is hereby directed to pay any and all rental payments and other amounts due under Payment Schedule No. 02 to Mechanics Bank and/or its affiliates, as Lessor’s assignee (the “Assignee”), as directed by the Assignee or a paying agent acting on behalf of Assignee, pursuant to the instructions contained in any invoice or notice. Lessee will also direct any and all correspondence, notice and servicing requests to the Assignee at the following address:
Mechanics Bank
Attn: Loan Servicing Department
1111 Civic Drive, Suite 390
Walnut Creek, CA 94596
By signing this Notice and Acknowledgment, Lessee agrees that it will pay all amounts due under Payment Schedule No. 02 as directed in the invoice without any set-off or deduction whatsoever notwithstanding any defect in, damage to or requisition of any of the Equipment leased under Payment Schedule No. 02, any other similar or dissimilar event, any defense, set-off, counterclaim or recoupment arising out of any claim against Lessor or Assignee.
Lessee further acknowledges and agrees that Assignee has not assumed any of Lessor’s obligations or duties under the Master Lease Agreement or Payment Schedule No. 02, or made any warranties whatsoever as to the Master Lease Agreement, Payment Schedule No. 02 or the Equipment.
Lessee agrees that no change may be made to the Master Lease Agreement or Payment Schedule No. 02 without the prior written consent of Assignee.
By signing this Notice and Acknowledgment, Lessee warrants that its representations and warranties under the Lease Agreement are true and correct on the date hereof.
Date: July 26, 2024
CITY OF BARSTOW, as Lessee
By: _______________________________________
Name: Andrew Espinoza Jr.
Title: Interim City Manager
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase B-1-1
EXHIBIT B-1
INSURANCE CERTIFICATION
[complete only if Lessee is not self-insured]
Holman Capital Corporation
25231 Paseo De Alicia
Suite 105
Laguna Hills, CA 92653
July 26, 2024
Re: Payment Schedule No. 02 under Master Equipment Lease-Purchase Agreement dated October 28, 2020
In connection with the above-referenced Payment Schedule No. 02 and Master Lease Agreement, City of Barstow, as lessee (the “Lessee”) certifies that it has instructed the insurance agent named below (please fill in name, address, and telephone number):
Name of Agent: Public Entity Risk Management Authority
Address: 36-951 Cook Street, Suite 101
Palm Desert, CA 92211
Phone: (760) 360-4966
to issue:
X
Liability Insurance. Lessee is required to maintain public liability insurance, personal injury and property damage with policy limits of $3,000,000. The policy should be endorsed to name Mechanics Bank (the assignee of Holman Capital Corporation) as an additional insured.
X
Casualty Insurance. Lessee is required to maintain all risk extended coverage, malicious mischief and vandalism insurance for the Equipment described in the above-referenced Payment Schedule in an amount not less than the greater of $1,700,000.00 or the full replacement cost of the Equipment. Such insurance shall be endorsed to name Mechanics Bank as a co-loss payee with respect to such Equipment.
The required insurance should also be endorsed to give Mechanics Bank at least 30 days’ prior written notice of the effective date of any material alteration or cancellation of coverage, and an endorsement confirming that the interest of Mechanics Bank shall not be invalidated by any actions, inactions, breach of warranty or conditions or negligence of Lessee.
Proof of insurance coverage will be provided to Mechanics Bank prior to and/or commensurate with the later of the Commencement Date of Payment Schedule No. 02 or the delivery and acceptance of the Equipment.
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase B-1-2
Very truly yours,
CITY OF BARSTOW, as Lessee
By: _______________________________________
Name: Andrew Espinoza Jr.
Title: Interim City Manager
[Signature Page to Insurance Certification]
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase B-1-2
EXHIBIT B-2
[complete only if Lessee is self-insured]
Holman Capital Corporation
25231 Paseo De Alicia
Suite 105
Laguna Hills, CA 92653
July 26, 2024
Re: Payment Schedule No. 02 under Master Equipment Lease-Purchase Agreement dated October 28, 2020
In connection with the above-referenced Payment Schedule No. 02, City of Barstow, as lessee (the “Lessee”) certifies that it participates in an actuarially sound self-insurance program for property damage and public liability risks.
The following is attached (check all that apply):
Letter from risk manager describing self-insurance program Other evidence of Lessee’s participation in self-insurance program Very truly yours,
CITY OF BARSTOW, as Lessee
By: _______________________________________
Name: Andrew Espinoza Jr.
Title: Interim City Manager
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase C-1
EXHIBIT C
ESSENTIAL USE CERTIFICATE
Holman Capital Corporation
25231 Paseo De Alicia
Suite 105
Laguna Hills, CA 92653
July 26, 2024
Re: Payment Schedule No. 02 under Master Equipment Lease-Purchase Agreement dated October 28, 2020
I, Andrew Espinoza Jr., appointed, or designated representative and Interim City Manager of the City of Barstow, as lessee (the “Lessee”), am qualified to answer the questions set forth below regarding the Equipment to be acquired by Lessee in connection with the above-referenced Payment Schedule:
1. What is the specific use of the Equipment?
To help protect the citizenry of Barstow to have the proper firefighting equipment to allow the firefighters to work faster and more efficiently during emergencies.
2. What increased capabilities will the Equipment provide? The Equipment replaces existing fire apparatus that will have reached the end of its economic useful life upon delivery of the new Type 1 Fire Truck. This new truck will incorporate more advanced safety features. The Brush Truck is a new unit that will offer greater fire suppression capacity and enhance firefighter safety.
3. Why is the Equipment essential to your ability to deliver governmental services? The City’s Fire Department’s primary function is to provide fire protection services to its citizens.
The Equipment is essential to furthering these fire protection services in protecting persons and properties in and around the City.
4. Does the Equipment replace existing equipment?
The Type #3 Brush Truck is an addition to their fleet as it is highly essential to perform efficient service to their citizenry. The Enforcer Pierce Type #1 Ultimate Configuration Pumper Truck is to replace an existing Truck that upon delivery will be at the end of its useful life. It is taking up to 4 years to build this truck and the City is being proactive to make sure they have the proper equipment to provide a safe environment for its citizens and their property.
5. Why did you choose this specific Equipment?
These trucks met the specifications of our needs to incorporate advanced safety features, better water pumps and improved technology.
6. For how many years do you expect to utilize the Equipment? The Pumper truck will last at least 20 years and the Brush Truck should last up to 20 years.
Very truly yours,
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase 2 C-2
CITY OF BARSTOW, as Lessee
By:___________________________________________
Name: Andrew Espinoza Jr.
Title: Interim City Manager
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase D-1
EXHIBIT D
INCUMBENCY CERTIFICATE
I, Sydnie Harris, do hereby certify that I am the Finance Director of the City of Barstow (“City”), which is a body corporate and politic duly established and validly existing as a political subdivision of the State of California and operates under a Governing Board, and that I have custody of the records of such entity.
I hereby certify that, as of the date hereof, the individuals named below are the duly elected or appointed officers of the City holding the offices set forth opposite their respective names. I further certify that:
(i) The signatures set opposite their respective names and titles are their true and authentic signatures, and
(ii) Such officers have the authority on behalf of such entity to:
a. Enter into that certain Payment Schedule No. 02, dated July 26, 2024, under Master Equipment Lease-Purchase Agreement dated October 28, 2020 (the “Lease Agreement”), between the City of Barstow and Holman Capital Corporation, as lessor, and that certain Escrow Agreement dated as of July 26, 2024 (the “Escrow Agreement”) between the City of Barstow, Holman Capital Corporation, and Mechanics Bank, as escrow agent; and
b. Execute Certificates of Acceptance, Payment Request/Disbursement Request Forms, and any and all other certificate, documents, and agreements relating to the Master Lease Agreement, Payment Schedule No. 02 and Escrow Agreement applicable to that Payment Schedule.
NAME TITLE SIGNATURE
Andrew Espinoza Jr. Interim City Manager
IN WITNESS WHEREOF, I have duly executed this Certificate on behalf of the City of Barstow.
July 26, 2024
By: ___________________________________
Name: Sydnie Harris
Title: Finance Director
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase E-1
EXHIBIT E
[Print on Counsel Letterhead]
OPINION OF LESSEE’S COUNSEL
July 26, 2024
Holman Capital Corporation
25231 Paseo De Alicia
Suite 105
Laguna Hills, CA 92653
Re: Payment Schedule No. 02 under Master Equipment Lease-Purchase Agreement dated October 28, 2020
Ladies and Gentlemen:
As counsel to the City of Barstow (the “Lessee”), I have examined the Master Equipment LeasePurchase Agreement dated October 28, 2020 and Payment Schedule No. 02 dated July 26, 2024, both collectively, the “Lease Agreement”), between the Lessee and Holman Capital Corporation, as lessor (“Lessor”), the form of the Escrow Agreement for Payment Schedule No. 02, together with the Disbursement Request Form and Certificate of Acceptance (collectively, the “Escrow Agreement”), and the proceedings taken by the Governing Body of the Lessee to authorize on behalf of the Lessee the execution and delivery of the Master Lease Agreement, Payment Schedule No. 02 and the Escrow Agreement. The Master Lease Agreement, Payment Schedule No. 02 and the Escrow Agreement are herein collectively referred to as the “Transaction Documents.” Based upon the foregoing examination and upon an examination of such other documents and matters of law as I have deemed necessary or appropriate, I am of the opinion that:
1. The Lessee is a political subdivision of the State of California and operates under a Governing Board, and the laws of the State of California with full power and authority to enter into the Transaction Documents.
2. The Transaction Documents have each been duly authorized, executed, and delivered by the Lessee. Assuming due authorization, execution and delivery thereof by Lessor, the Transaction Documents constitute legal, valid, and binding obligations of the Lessee, enforceable against the Lessee in accordance with their respective terms, subject to any applicable bankruptcy, insolvency, moratorium or other laws or equitable principles affecting the enforcement of creditors’ rights generally.
3. The Equipment to be leased pursuant to the Lease Agreement constitutes personal property and, when subjected to use by the Lessee, will not be a fixture under applicable law.
4. The Lessee has complied with any applicable public bidding requirements in connection with the Transaction Documents and the transactions contemplated thereby. By proper action, the Governing Body of the Lessee authorized the execution and delivery of the Transaction Documents and certain other matters, which actions were duly taken at a meeting that was held in compliance with all applicable laws relating to the holding of open and public meetings.
5. No litigation or proceeding is pending or, to the best of my knowledge, threatened to restrain or enjoin the execution, delivery, or performance by the Lessee of the Transaction Documents or in any
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase E-2
way to contest the validity of the Transaction Documents, to contest or question the creation or existence of the Lessee or the Governing Body of the Lessee or the authority or ability of the Lessee to execute or deliver the Transaction Documents or to comply with or perform its obligations thereunder. There is no litigation pending or, to the best of my knowledge, threatened seeking to restrain or enjoin the Lessee from annually appropriating sufficient funds to pay the rental payments or other amounts contemplated by the Master Lease Agreement and Payment Schedule No. 02.
6. The entering into and performance of the Transaction Documents do not and will not violate any judgment, order, law, or regulation applicable to the Lessee or result in any breach of, or constitute a default under, or result in the creation of any lien, charge, security interest, or other encumbrance upon any assets of the Lessee or on the Equipment (as such term is defined in the Lease Agreement) pursuant to any indenture, mortgage, deed of trust, bank loan or credit agreement, or other instrument to which the Lessee is a party or by which it or its assets may be bound. Notwithstanding the foregoing, upon the due and timely filing of a UCC-1 and a Title Application and/or Certificate of Title (the latter solely with respect to Equipment constituting titled vehicles), the Lessor will have a perfected security interest in the Equipment.
This opinion may be relied upon by Lessor and purchasers and assignees of Lessor’s interests in connection with Payment Schedule No. 02 under the Lease Agreement.
Respectfully submitted,
______________________________________
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase F-1
EXHIBIT F
BANK-QUALIFIED DESIGNATION
The City of Barstow, as lessee, (the “Lessee”) under that certain Master Equipment Lease-Purchase Agreement dated October 28, 2020 and Payment Schedule No. 02 issued thereunder (collectively, the “Lease”) to which this Designation is attached, hereby designates the Lease as a “qualified tax-exempt obligation” for the purposes and within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. The Lessee hereby represents that the Lessee is a “qualified small issuer” in that it reasonably anticipates that the Lessee and other entities that the Lessee controls will not issue tax-exempt obligations (including the Lease) the aggregate principal amount of which exceed $10,000,000 during the calendar year in which the Lease is executed and delivered and interest commences to accrue thereunder; and that the Lease is being entered into and will be used in connection with public purposes.
This Designation is attached to and made a part of the Lease and inures to the benefit of the Lessor and its successors and/or assigned.
EXECUTED as of this July 26, 2024.
CITY OF BARSTOW, as Lessee
By: ________________________
Name: Andrew Espinoza Jr.
Title: Interim City Manager
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase G-1
EXHIBIT G
POST-ISSUANCE TAX COMPLIANCE PROCEDURES
Dated: July 26, 2024
The following certificate is delivered in connection with the execution and delivery of Payment Schedule No. 02 issued under the Master Equipment Lease-Purchase Agreement dated October 28, 2020 (the "Master Lease Agreement"), entered into between the City of Barstow (the "Lessee") and Holman Capital Corporation (the "Corporation"). Capitalized terms used herein have the meanings defined in the Lease Agreement.
Section 1. In General.
1.1. This Certificate is executed for the purpose of establishing the reasonable expectations of Lessee as to future events regarding the financing of certain equipment (the “Equipment”) to be acquired by Lessor and leased to Lessee pursuant to and in accordance with Payment Schedule No. 02 executed under the Master Lease Agreement (together with all related documents executed pursuant thereto and contemporaneously herewith, the "Financing Documents"). As described in the Financing Documents, Lessor shall apply $1,700,000.00 (the “Principal Amount”) toward the acquisition of the Equipment and closing costs, and Lessee shall make Rental Payments under the terms and conditions as set forth in the Financing Documents.
1.2. The individual executing this Certificate on behalf of Lessee is an officer of Lessee delegated with the responsibility of reviewing and executing the Financing Documents, pursuant to the governing board’s approval or other official action of Lessee adopted with respect to the Financing Documents, a copy of which has been delivered to Lessor.
1.3. The Financing Documents are being entered into for the purpose of providing funds for financing the cost of acquiring, equipping and installing the Equipment which is essential to the governmental functions of Lessee, which Equipment is described in said Payment Schedule No. 02. The Principal Amount will be deposited in escrow by Lessor on the date of issuance of the Financing Documents and held by Mechanics Bank, as escrow agent (the "Escrow Agent") pending acquisition of the Equipment under the terms of that certain Escrow Agreement for Payment Schedule No. 02 dated as of July 26, 2024 (the "Escrow Agreement"), by and between Lessor, Lessee and Escrow Agent.
1.4. Lessee will timely file for each Payment Schedule issued under the Master Lease Agreement a Form 8038-G (or, if the invoice price of the Equipment under such schedule is less than $100,000, a Form 8038-GC) relating to such Lease with the Internal Revenue Service in accordance with Section 149(e) of the Internal Revenue Code of 1986, as amended (the “Code”).
1.5. The Lease is designated a “qualified tax-exempt obligation” for the purposes and within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. In that regard, the Lessee is a “qualified small issuer” in that it reasonably anticipates that the Lessee and other entities that the Lessee controls will not issue tax-exempt obligations (including the Lease) the aggregate principal amount of which exceed $10,000,000 during the calendar year in which the Lease is executed and delivered and interest commences to accrue thereunder; and that the Lease is being entered into and will be used in connection with public purposes.
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase G-2
Section 2. Non-Arbitrage Certifications.
2.1. The Rental Payments due under the Financing Documents will be made with monies retained in Lessee's general operating fund (or an account or subaccount therein). No sinking, debt service, reserve or similar fund or account will be created or maintained for the payment of the Rental Payments due under the Financing Documents or pledged as security therefor.
2.2. There have been and will be issued no obligations by or on behalf of Lessee that would be deemed to be (i) issued or sold within fifteen (15) days before or after the date of issuance of the Financing Documents, (ii) issued or sold pursuant to a common plan of financing with the Financing Documents and (iii) paid out of substantially the same source of funds as, or deemed to have substantially the same claim to be paid out of substantially the same source of funds as, the Financing Documents.
2.3. Lessee does not and will not have on hand any funds that are or will be restricted, segregated, legally required or otherwise intended to be used, directly or indirectly, as a substitute, replacement or separate source of financing for the Equipment.
2.4. No portion of the Principal Amount is being used by Lessee to acquire investments which produce a yield materially higher than the yield realized by Lessor from Rental Payments received under the Financing Documents.
2.5. The Principal Amount does not exceed the amount necessary for the governmental purpose for which the Financing Documents were entered into. Such funds are expected to be needed and fully expended for payment of the costs of acquiring, equipping and installing the Equipment.
2.6. Lessee does not expect to convey, sublease or otherwise dispose of the Equipment, in whole or in part, at a date which is earlier than the final Payment Date under the Financing Documents.
Section 3. Disbursement of Funds; Reimbursement to Lessee.
3.1 It is contemplated that the entire Principal Amount will be used to pay the acquisition cost of Equipment to the vendors or manufacturers thereof or for any financial advisory or closing costs, provided that, if applicable, a portion of the principal amount may be paid to Lessee as reimbursement for acquisition cost payments already made by it so long as the conditions set forth in Section 3.2 below are satisfied.
3.2. Lessee shall not request that it be reimbursed for Equipment acquisition cost payments already made by it unless each of the following conditions have been satisfied:
(a) If applicable, Lessee adopted a Resolution or otherwise declared its official intent in accordance with Treasury Regulation § 1.150-2 (a copy of which will be provided to Lessor, if applicable, the “Declaration of Official Intent”), wherein Lessee expressed its intent to be reimbursed from the proceeds of a borrowing for all or a portion of the cost of the Equipment, which expenditure was paid to the Vendor (as defined in the Master Lease Agreement) not earlier than sixty (60) days before Lessee adopted the Declaration of Official Intent;
(b) The reimbursement being requested will be made by a written allocation before the later of eighteen (18) months after the expenditure was paid or eighteen (18) months after the items of Equipment to which such payment relates were placed in service;
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase G-3
(c) The entire payment with respect to which reimbursement is being sought is a capital expenditure, being a cost of a type properly chargeable to a capital account under general federal income tax principles; and
(d) Lessee will use any reimbursement payment for general operating expenses and not in a manner which could be construed as an artifice or device under Treasury Regulation § 1.148-10 to avoid, in whole or in part, arbitrage yield restrictions or arbitrage rebate requirements.
Section 4. Use and Investment of Funds; Temporary Period.
4.1. Lessee has incurred or will incur, within six (6) months from the date of issuance of the Financing Documents, binding obligations to pay an amount equal to at least five percent (5%) of the Principal Amount toward the costs of the Equipment. An obligation is not binding if it is subject to contingencies within Lessee’s control. The ordering and acceptance of the items of Equipment will proceed with due diligence to the date of final acceptance of the Equipment.
4.2. An amount equal to at least eighty-five percent (85%) of the Principal Amount will be expended to pay the cost of the Equipment by the end of the three-year period commencing on the date of this Certificate. No portion of the Principal Amount will be used to acquire investments that do not carry out the governmental purpose of the Financing Documents and that have a substantially guaranteed yield of four (4) years or more.
4.3.(a) Lessee covenants and agrees that it will rebate an amount equal to excess earnings on the Principal Amount deposited under the Escrow Agreement to the Internal Revenue Service if required by, and in accordance with, Section 148(f) of the Code, and make the annual determinations and maintain the records required by and otherwise comply with the regulations applicable thereto. Lessee reasonably expects to cause the Equipment to be acquired by December 31, 2024. (b) Lessee will provide evidence to Lessor that the rebate amount has been calculated and paid to the Internal Revenue Service in accordance with Section 148(f) of the Code unless (i) the entire Principal Amount is expended on the Equipment by the date that is the six-month anniversary of the Financing Documents or (ii) the Principal Amount is expended on the Equipment in accordance with the following schedule: At least fifteen percent (15%) of the Principal Amount and interest earnings thereon will be applied to the cost of the Equipment within six months from the date of issuance of the Financing Documents; at least sixty percent (60%) of the Principal Amount and interest earnings thereon will be applied to the cost of the Equipment within 12 months from the date of issuance of the Financing Documents; and one hundred percent (100%) of the Principal Amount and interest earnings thereon will be applied to the cost of the Equipment prior to eighteen (18) months from the date of issuance of the Financing Documents.
(c) Lessee hereby covenants that (i) Lessee is a governmental unit with general tax powers; (ii) the Lease is not a “private activity bond” under Section 141 of the Code; (iii) at least ninety-five percent (95%) of the Principal Amount is used for the governmental activities of Lessee; and (iv) the aggregate principal amount of all tax-exempt obligations (including the Lease) issued by Lessee and its subordinate entities, if any, during the current calendar year is not reasonably expected to exceed $10,000,000. Accordingly, the rebate requirements of Section 148(f) of the Code are treated as being met, in lieu of the spending exceptions set forth in paragraph (b) above.
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase G-4
Section 5. Escrow Account.
The Financing Documents provide that the monies deposited in escrow shall be invested until payments to the vendor(s) or manufacturer(s) of the Equipment are due. Lessee will ensure that such investment will not result in Lessee's obligations under the Financing Documents being treated as an "arbitrage bond" within the meaning of Section 148(a) of the Internal Revenue Code of 1986, as amended (the "Code"), respectively. Any monies which are earned from the investment of these funds shall be labeled as interest earned. All such monies will be disbursed on or promptly after the date that Lessee accepts the Equipment. Lessee acknowledges that the provisions of Sections 2 and 4 herein are particularly applicable when the Principal Amount is funded into an Escrow Fund subject to the Escrow Agreement.
Section 6. No Private Use; No Consumer Loan.
6.1. Lessee will not exceed the private use restrictions set forth in Section 141 of the Code. Specifically, Lessee will not permit more than 10% of the Principal Amount to be used for a Private Business Use (as defined herein) if, in addition, the payment of more than ten percent (10%) of the Principal Amount plus interest earned thereon is, directly or indirectly, secured by (i) any interest in property used or to be used for a Private Business Use or (ii) any interest in payments in respect of such property or derived from any payment in respect of property or borrowed money used or to be used for a Private Business Use.
6.2 In addition, if both (A) more than five percent (5%) of the Principal Amount is used as described above with respect to Private Business Use and (B) more than five percent (5%) of the Principal Amount plus interest earned thereon is secured by Private Business Use property or payments as described above, then the excess over such five percent (5%) (the “Excess Private Use Portion”) will be used for a Private Business Use related to the governmental use of the Equipment. Any such Excess Private Use Portion of the Principal Amount will not exceed the portion of the Principal Amount used for the governmental use of the particular project to which such Excess Private Use Portion is related. For purposes of this paragraph
6.2, “Private Business Use” means use of bond proceeds or bond financed-property directly or indirectly in a trade or business carried on by a natural person or in any activity carried on by a person other than a natural person, excluding, however, use by a state or local governmental unit and excluding use as a member of the general public.
6.3. No part of the Principal Amount or interest earned thereon will be used, directly or indirectly, to make or finance any loans to non-governmental entities or to any governmental agencies other than Lessee.
Section 7. No Federal Guarantee.
7.1. Payment of the principal or interest due under the Financing Documents is not directly or indirectly guaranteed, in whole or in part, by the United States or an agency or instrumentality thereof.
7.2. No portion of the Principal Amount or interest earned thereon shall be (i) used in making loans the payment of principal or interest of which are to be guaranteed, in whole or in part, by the United States or any agency or instrumentality thereof, or (ii) invested, directly or indirectly, in federally insured deposits or accounts if such investment would cause the financing under the Financing Documents to be "federally guaranteed" within the meaning of Section 149(b) of the Code.
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase G-5
Section 8. Miscellaneous.
8.1. Lessee shall keep a complete and accurate record of all owners or assignees of the Financing Documents in form and substance satisfactory to comply with the registration requirements of Section 149(a) of the Code unless Lessor or its assignee agrees to act as Lessee's agent for such purpose.
8.2. Lessee shall maintain complete and accurate records establishing the expenditure of the Principal Amount and interest earnings thereon for a period of five (5) years after payment in full under the Financing Documents.
8.3. To the best of the undersigned’s knowledge, information and belief, the above expectations are reasonable and there are no other facts, estimates or circumstances that would materially change the expectations expressed herein.
8.4. The Lessee’s Tax Identification Number is: 95-6000675.
IN WITNESS WHEREOF, this Post-Issuance Tax Compliance Procedures Certificate has been executed on behalf of Lessee as of July 26, 2024.
CITY OF BARSTOW, as Lessee
By: _________________________________
Name: Andrew Espinoza Jr.
Title: Interim City Manager
[Signature Page to Post-Issuance Tax Compliance Procedures]
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase H-1
EXHIBIT H
ESCROW AGREEMENT
LESSOR:
Holman Capital Corporation
25231 Paseo De Alicia
Suite 105
Laguna Hills, CA 92653
ESCROW AGENT:
Mechanics Bank
1111 Civic Drive
Suite 390
Walnut Creek, CA 94596
LESSEE:
City of Barstow
220 E. Mountain View Avenue
Barstow, CA 92311
THIS ESCROW AGREEMENT (this “Escrow Agreement”) is made as of July 26, 2024, between Holman Capital Corporation (“Lessor”), the City of Barstow (“Lessee”), and Mechanics Bank (the “Escrow Agent”).
Lessor and Lessee have heretofore entered into that certain Payment Schedule No. 02 dated July 26, 2024 (the “Payment Schedule”) under that Master Equipment Lease-Purchase Agreement dated October 28, 2020 (the “Master Lease Agreement”). The Payment Schedule and Master Lease Agreement are jointly referred to herein as the “Lease.” The Lease contemplates that certain Equipment described therein (the “Equipment”) is to be acquired from the vendor(s) or manufacturer(s) thereof.
After acceptance of the Equipment by Lessee, the Equipment is to be leased by Lessor to Lessee pursuant to the terms of the Lease.
The Lease contemplates that Lessor will deposit with the Escrow Agent cash in the amount of $1,700,000.00 (the “Deposit Amount”), for deposit into the escrow fund (the “Escrow Fund”), to be held in escrow by the Escrow Agent and applied on the express terms and conditions set forth herein. Such deposit into the Escrow Fund, together with all interest and additions received with respect thereto, is to be applied from time to time to pay the vendor(s) or manufacturer(s) of the Equipment its invoice cost (a portion of which may, if required, be paid prior to final acceptance of the Equipment by Lessee).
The Escrow Fund is to be held for the account and benefit of Lessee, and Lessee has granted to Lessor a first priority and perfected lien on and security interest in the Escrow Fund and any all proceeds, interest and other earnings thereon and investments therein to the Lessor by virtue of the execution of this Escrow Agreement and the Lease without the need for any additional filings or financing statements.
The parties desire to set forth the terms on which the escrow is to be created and to establish the rights and responsibilities of the parties hereto.
NOW, THEREFORE, the parties agree as follows:
1. The Escrow Agent hereby agrees to serve as escrow agent upon the terms and conditions set forth herein. The Escrow Agent agrees that the Escrow Fund shall be held irrevocably in trust for the account and benefit of Lessee and all interest earned with respect to the Escrow Fund shall accrue to the benefit of Lessee and shall be applied as expressly set forth herein.
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase H-2
To the limited extent required to perfect the first, priority security interest granted by Lessee to Lessor in the cash and negotiable instruments from time to time held in the Escrow Fund, Lessor hereby appoints the Escrow Agent as its security agent, and the Escrow Agent hereby accepts the appointment as security agent and agrees to hold physical possession of such cash and negotiable instruments on behalf of Lessor.
2. On such day as determined to the mutual satisfaction of the parties pursuant to the terms of the Payment Schedule (the “Commencement Date”), Lessor shall deposit with the Escrow Agent cash in the amount of the Deposit Amount to be held by the Escrow Agent on the express terms and conditions set forth herein. The Escrow Agent agrees to accept the deposit of the Deposit Amount by Lessor with the Escrow Agent, and further agrees to hold the amount so deposited together with all interest and other additions received with respect thereto in escrow on the express terms and conditions set forth herein.
3. The Escrow Agent shall at all times segregate the Escrow Fund into an account maintained for that express purpose, which shall be clearly identified on the books and records of the Escrow Agent as being held in its capacity as Escrow Agent. Securities and other negotiable instruments held in the Escrow Fund from time to time shall be held or registered in the name of the Escrow Agent (or its nominee). The Escrow Fund shall not, to the extent permitted by applicable law, be subject to levy or attachment or lien by or for the benefit of any creditor of any of the parties hereto (except with respect to the security interest therein held by Lessor).
4. Lessee hereby directs the Escrow Agent to invest the cash held in the Escrow Fund from time to time in a Mechanics Bank non-interest bearing demand deposit account with no fees or costs or, in the event such fund is not at the time available, such other investments as Lessee may specify in writing, to the extent the same are at the time legal for investment of the funds being invested. Interest or other amounts earned and received by the Escrow Agent with respect to the Escrow Fund shall be deposited in and become a part of the Escrow Fund. No investment shall be made that would cause the Lease to be deemed to be an arbitrage bond within the meaning of Section 148(a) of the Internal Revenue Code of 1986, as amended.
5. Lessor and Lessee hereby authorize the Escrow Agent to take the following actions with respect to the Escrow Fund:
a. From time to time, the Escrow Agent shall pay the vendor or manufacturer of the Equipment payments then due and payable, or reimburse Lessee for amounts that it has paid to the vendor or manufacturer of the Equipment, upon receipt of the following: (a) a duly executed Certificate of Acceptance and Payment Request in the form attached as Exhibit A hereto, (b) the vendor(s) or manufacturer(s) invoice(s) specifying the acquisition price of the Equipment described in the requisition request, and (c) any additional documentation required by Lessor.
b. If Lessor provides to the Escrow Agent written notice of the occurrence of an Event of Default or an Event of Nonappropriation by Lessee under the Master Lease Agreement or Payment Schedule, the Escrow Agent shall thereupon promptly remit to Lessor the entire balance of the Escrow Fund. c. Upon receipt by the Escrow Agent of a duly executed Certificate of Acceptance and Payment Request identified as the final such request, the Escrow Agent shall transfer the then remaining balance of the Escrow Fund to Lessee, upon the express condition that Lessee hereby agrees to use such excess
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase H-3
amount solely for capital expenditures as shall be approved by Lessee or, at the written direction of Lessee, for application against the interest component of the Lessee’s payment obligation under the Lease, as provided therein, unless otherwise agreed by Lessor.
6. The Escrow Agent shall have no liability for acting upon any written instruction presented by Lessee and Lessor in connection with this Escrow Agreement that the Escrow Agent in good faith believes to be genuine. Furthermore, the Escrow Agent shall not be liable for any act or omission in connection with this Escrow Agreement except for its own gross negligence, willful misconduct, or bad faith. The Escrow Agent shall not be liable for any loss or diminution in value of the Escrow Fund as a result of the investments made pursuant to Section 4.
7. To the extent authorized by law, Lessee hereby agrees to indemnify and save the Escrow Agent harmless against any liabilities that it may incur in the exercise and performance of its powers and duties hereunder and that are not due to the Escrow Agent’s gross negligence or willful misconduct.
No indemnification will be made under this Section or elsewhere in this Escrow Agreement for damages arising solely out of gross negligence, willful misconduct, or bad faith by the Escrow Agent, its officers, agents, employees, successors or assigns.
8. The Escrow Agent may at any time resign by giving at least 30 days’ prior written notice to Lessee and Lessor, but such resignation shall not take effect until the appointment of the successor Escrow Agent.
The substitution of another bank or trust company to act as Escrow Agent under this Escrow Agreement may occur by written agreement of Lessor and Lessee. In addition, the Escrow Agent may be removed at any time, with or without cause, by instrument in writing executed by Lessor and Lessee. Such notice shall set forth the effective date of the removal. In the event of any resignation or removal of the Escrow Agent, a successor Escrow Agent shall be appointed by an instrument in writing executed by Lessor and Lessee. Such successor Escrow Agent shall indicate its acceptance of such appointment by an instrument in writing delivered to Lessor, Lessee and the predecessor Escrow Agent.
Upon the effective date of resignation or removal, the Escrow Agent will transfer the Escrow Fund then held by it to the successor Escrow Agent selected by Lessor and Lessee.
9. This Escrow Agreement shall terminate upon receipt by the Escrow Agent of the written notice from Lessor specified in Section 5(b) or Section 5(c) hereof.
10. All notices hereunder shall be in writing, sent by certified mail, return receipt requested, or by mutually recognized overnight carrier addressed to the other party at its respective address shown on page 1 of this Escrow Agreement or at such other address as such party shall from time to time designate in writing to the other parties; and shall be effective on the date or receipt.
11. This Escrow Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. No rights or obligations of the Escrow Agent under this Escrow Agreement may be assigned without the prior written consent of Lessor and Lessee.
12. This Escrow Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and no waiver, consent, modification, or change of terms hereof shall bind any party unless in writing signed by all parties.
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase H-4
13. The Escrow Agent may employ agents, attorneys and accountants in connection with its duties hereunder and shall not be liable for any action taken or omitted in good faith in accordance with the advice of counsel, accountants, or other skilled persons.
14. This Escrow Agreement shall be governed by and be construed and interpreted in accordance with the internal laws of the State of California.
[Remainder of page intentionally left blank]
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase H-5
IN WITNESS WHEREOF, the parties hereto have caused this Escrow Agreement to be duly executed as of the day and year first above set forth.
LESSOR: HOLMAN CAPITAL CORPORATION
By:
Name: Lance Holman
Title: President & CEO
LESSEE: CITY OF BARSTOW
By:
Name: Andrew Espinoza Jr.
Title: Interim City Manager
ROW AGENT: ESCROW AGENT: MECHANICS BANK
By:
Name: Nicholas Mellon
Title: Vice President Sr. Relationship Manager
[Signature Page to Escrow Agreement]
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase H-6
EXHIBIT A TO ESCROW AGREEMENT
CERTIFICATE OF ACCEPTANCE AND PAYMENT REQUEST
The following payment request is directed to Mechanics Bank (the “Escrow Agent”), as escrow agent under that certain Escrow Agreement dated July 26, 2024 (the “Escrow Agreement”), between the City of Barstow (“Lessee”), Holman Capital Corporation (“Lessor”), and the Escrow Agent. Because Holman Capital Corporation has assigned all of its right, title, and interest in and to the Escrow Agreement to Mechanics Bank, all references herein to “Lessor” shall mean Mechanics Bank.
The Escrow Agent is hereby requested to pay from the Escrow Fund established and maintained under the Escrow Agreement the amount set forth below to the named payee(s). The amount shown is due and payable under a purchase order or contract (or has been paid by and not previously reimbursed to Lessee). The equipment described below is part or all of the Equipment leased pursuant to that certain Payment Schedule No. 02 dated July 26, 2024 (the “Payment Schedule”) executed pursuant to the Master Equipment Lease-Purchase Agreement dated October 28, 2020 (the “Master Lease Agreement”), between Lessor and Lessee:
QUANTITY
DESCRIPTION OF
UNITS OF EQUIPMENT AMOUNT PAYEE
Lessee hereby certifies and represents to and agrees with Lessor as follows with respect to the Equipment described above: (i) the Equipment has been delivered to the location(s) set forth in the Payment Schedule; (ii) a present need exists for the Equipment, which need is not temporary or expected to diminish in the near future; (iii) the Equipment is essential to and will be used by Lessee only for the purpose of performing one or more governmental functions of Lessee consistent with the permissible scope of Lessee’s authority; (iv) the estimated useful life of the Equipment based upon the manufacturer’s representations and Lessee’s projected needs is not less than the term of the Payment Schedule; (v) Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes as of the date of this Certificate; (vi) the Equipment is covered by insurance in the types and amounts required by the Master Lease Agreement; (vii) no Event of Default or Event of Nonappropriation, as those terms are defined in the Master Lease Agreement, and no event that with the giving of notice or lapse of time or both, would become an Event of Default or an Event of Nonappropriation, has occurred and is continuing on the date hereof; and (viii) sufficient funds have been appropriated by Lessee for the payment of all rental payments due under the Payment Schedule during Lessee’s current Fiscal Year.
Based on the foregoing, the Escrow Agent is hereby authorized and directed to fund the acquisition of the Equipment set forth above by paying, or causing to be paid, the manufacturer(s)/vendor(s) the amounts set forth on the attached invoices from the Escrow Fund held under the Escrow Agreement in accordance with its terms.
The following documents are attached hereto and made a part hereof: (a) Original Invoice(s) and (b) Copies of Certificate(s) of Ownership, designating Lessor as legal owner, and evidence of filing.
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase H-7
IF REQUEST IS FINAL REQUEST, CHECK HERE . The undersigned hereby certifies that the items of Equipment described above, together with the items of Equipment described in and accepted by Certificates of Acceptance and Payment Requests previously filed by Lessee with Lessor constitute all of the Equipment subject to the Payment Schedule.
Date: ______________
Approved:
MECHANICS BANK, as Lessor CITY OF BARSTOW, as Lessee
By: By:
Name: Name:
Title: Title:
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase H-8
SCHEDULE A TO ESCROW AGREEMENT:
NOTICE AND ACKNOWLEDGEMENT OF ASSIGNMENT OF ESCROW AGREEMENT Holman Capital Corporation ("Lessor"), City of Barstow ("Lessee"), and Mechanics Bank ("Escrow Agent") have entered into an Escrow Agreement dated July 26, 2024 (the "Escrow Agreement'), pursuant to which Lessor, or its Assignee (as defined below), has deposited cash into the Escrow Fund established thereunder, which funds are to be used by Lessee to acquire certain Equipment.
Escrow Agent is hereby notified that Lessor has assigned all of its right, title, and interest in and to, but not its obligations under, the Escrow Agreement to Mechanics Bank ("Assignee"), including, in particular, but without limitation, Lessor's security interest in the Escrow Fund and Lessor's right to approve all payment requests submitted by Lessee.
Date: July 26, 2024
LESSOR: HOLMAN CAPITAL CORPORATION
By:
Name: Lance Holman
Title: President & CEO
LESSEE: CITY OF BARSTOW
By:
Name: Andrew Espinoza Jr.
Title: Interim City Manager
ESCROW AGENT: MECHANICS BANK
By:
Name: Nicholas Mellon
Title: Vice President Sr. Relationship Manager
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase I1
EXHIBIT I
RESOLUTION OF LESSEE
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase J
-1
EXHIBIT J
UCC-1 FINANCING STATEMENT
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase K
-1
EXHIBIT K
IRS FORM 8038-G
[To be prepared by Holman Capital Corporation]
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase L-1
EXHIBIT L
CLOSING MEMORANDUM
$1,700,000.00LEASE FOR FIRE APPARATUS ACQUISITION PROJECT PURSUANT TO PAYMENT SCHEDULE NO. 02 DATED JULY 26, 2024
ISSUED UNDER THE MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT DATED OCTOBER 28, 2020 BETWEEN CITY OF BARSTOW AS LESSEE, AND
HOLMAN CAPITAL CORPORATION, AS LESSOR
Pre-Closing: Pre-Closing will be held at the Lessee’s convenience, on or before July 24, 2024. All documents will be executed and two (2) blue ink originals will be overnighted to Holman Capital Corporation, Attn.: Jane Taubman, 25231 Paseo De Alicia, Suite 105, Laguna Hills, CA 92653, for delivery no later than 9:00 am on the morning of July 24, 2024 and held in trust until such time as the wires and original documents are released by the Parties.
Closing: (1) By internal funds transfer and pending receipt of original, executed Payment Schedule and related documents, on the morning of July 26, 2024, the Investor is authorized by Lessee to transfer via internal credit the Total Equipment Cost (as set forth below) to Escrow Agent, pursuant to a general ledger credit to the Escrow Account as follows:
Bank Name: Mechanics Bank
ABA No: 121102036
Account No:
Account Name: City of Barstow
(2) By wire transfer and pending receipt of original, executed Payment Schedule and related documents, on the morning of July 26, 2024 the Investor is authorized by Lessee to transfer via wire the Issuance Costs (as defined below) to Lessor as follows:
Bank Name: Citizens Business Bank
ABA No: 122234149
Account No: XXXX1323
Account Name: Holman Capital Corporation
Holman Capital Corporation will confirm disbursement of funds to the Lessee’s escrow account and then release all of the original documents held in trust to the investor and forward a copy to the Lessee. Upon conformation by Escrow Agent of the Lease Proceeds, Lessee will wire closing costs, legal fees and other amounts to the parties in accordance with the invoices attached hereto.
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase L-2
Sources and Uses of Funds:
Fire Apparatus Acquisition Project $1,700,000.00
Paid from Borrower Reserves
TOTAL SOURCES $1,700,000.00
2024 Project Costs for Payment Schedule No. 02 Components $1,695,000.00 Costs of Issuance $5,000.00
TOTAL LEASE PROCEEDS $1,700,000.00
CITY OF BARSTOW,
Lessee
By: _____________________________
Name: Andrew Espinoza Jr.
Title: Interim City Manager
[Signature Page to Closing Memorandum]
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Attachment: Attachment B - Master Equip Lease Prj Agreement (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase
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Attachment: City of Barstow 8038 G (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase Agreement with Holman
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Packet Pg. 100 Attachment: City of Barstow 8038 G (5714 : A Resolution Authorizing the Execution of a Master Lease-Purchase Agreement with Holman Regular Meeting
07/15/24 06:00 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5708
AGENDA ITEM
AGENDA MATTER:
DESIGNATION OF CITY OF BARSTOW REPRESENTATIVES FOR SAN BERNARDINO COUNTY
HOMELESS PARTNERSHIP AND DESERT REGIONAL STEERING COMMITTEE, INTERAGENCY
COUNCIL ON HOMELESSNESS, AND CONTINUUM OF CARE BOARDS
EXECUTIVE SUMMARY:
Staff recommends the City Council, by Minute Action, designate a City of Barstow Representative, and Alternate, for the San Bernardino County Homeless Partnership and its Desert Regional Steering Committee, Interagency Council on Homelessness, and Continuum of Care Boards DISCUSSION:
The City of Barstow is an active participant in the San Bernardino County Homeless Partnership. Formed in 2007, the County Homeless Partnership is a collaboration of community and faith-based organizations, educational institutions, nonprofit organizations, private industry, and federal, state, and local governments. The County Homeless Partnership administers the county-wide Continuum of Care, connecting persons experiencing homelessness, and vulnerable to becoming homeless, with services. It also distributes significant amounts of federal, state, regional, and local funding for homelessness prevention and response. More information is available on the County’s website here:
https://sbchp.sbcounty.gov/
The City of Barstow’s current representative to the County Homeless Partnership, and its Desert Regional Steering Committee, Interagency Council on Homelessness, and Continuum of Care Boards, is Mayor Paul Courtney, with a former employee as designated alternate. The City Council may designate Mayor Courtney, or may designate another member of City Council to serve as the City’s representative. The City Council may also designate a member of the City Council to serve as an alternate in the absence of the City representative.
FISCAL IMPACT:
None.
RECOMMENDED ACTION:
Designate, by Minute Action, a City of Barstow Representative, and Alternate, for the San Bernardino County Homeless Partnership and its Desert Regional Steering Committee, Interagency Council on Homelessness, and Continuum of Care Boards.
9 Packet Pg. 101
Regular Meeting
07/15/24 06:00 PM
City Manager Department
Maribel Hernandez
Ordinance
Doc ID: 5707
COUNCIL ORDINANCE
AGENDA MATTER:
FIRST READING AND INTRODUCTION OF AN ORDINANCE OF THE CITY OF BARSTOW AMENDING CHAPTER 2.24 REGARDING THE PLANNING COMMISSION; AND ADOPT RESOLUTION NO. ____-2024, AMENDING PREVIOUSLY ESTABLISHED RULES FOR THE
CONDUCT OF PLANNING COMMISSION MEETINGS, PROCEEDINGS AND BUSINESS AND REPEALING PLANNING COMMISSION RESOLUTION 467
EXECUTIVE SUMMARY:
The City Council asked the Rules and Policy Committee to review the ordinance and resolution regulating the absences of Planning Commissioners. After receiving feedback from the public, the City Clerk, the City Attorney’s Office and the Chair of the Planning Commission, the Rules and Policy Committee recommends several changes to the ordinance and resolution regulating the conduct of Planning Commissioners and Planning Commission meetings. The proposed changes are intended to improve the Planning Commission’s meeting procedures and operations, while promoting and ensuring robust public comment and greater transparency of its deliberations and actions.
DISCUSSION:
On December 18, 2023, the City Council requested the Rules and Policy Committee (Committee) to propose an attendance policy for the Planning Commission (Commission). The Rules and Policy Committee meet several times regarding the regulations of the Commission, and has received input from the public, the City Clerk, the City Attorney’s Office and the Commission Chair about the Commission’s policies. Enclosed are Committee’s recommended changes to the Planning Commission’s ordinance and resolution, which take into account such feedback.
The proposed changes clarify the appointments process, resolve present inconsistencies between the ordinance and the resolution, add reference to key Brown Act provisions, and seek to improve the Commission’s meeting procedures while ensuring robust public comment and Commission participation.
The major changes to the Rules of the Planning Commission for review by the City Council, enclosed as Attachment 1, include:
Priority to Commissioners Who Have Not Spoken. Require the Chairperson to give priority to members who have not spoken on an item yet, or spoke less than other members. This policy ensures all viewpoints have an opportunity to be heard and to prevent one or more commissioners dominating the discussion.
Time Limit Per Commissioner on Discussion. Allow Commissioners to speak on a debatable motion for no more than six (6) minutes at a time, with the ability to request to speak for an unlimited number of times.
This policy would prevent grandstanding by a Commissioner.
Ex Parte Disclosure. Prohibit undisclosed ex parte communications and impose a time on the agenda for commissioners to disclose ex parte communications for quasi-judicial matters. An ex parte communication is a written or oral communication between a Commissioner and an interested person concerning any issue in a formal proceeding in which a person has a due process right to a neutral decision-maker, other than procedural matters that does not occur in a public forum or on the record of 10 Packet Pg. 102
Regular Meeting
07/15/24 06:00 PM
City Manager Department
Maribel Hernandez
Ordinance
Doc ID: 5707
COUNCIL ORDINANCE
the proceeding, such as during a hearing at a Commission meeting.
Examples of quasi-judicial, due process matters are a land use permit application or an appeal of a staff permit decision. Interested persons can include parties to a hearing, and members of the public interested in the outcome of a Commission decision. Due process requires all evidence to be presented at on the record of the hearing so the parties have an opportunity to respond to the evidence. An ex parte disclosure policy for Commissioners protect a party’s right to a fair hearing and to prevent, to the extent possible, Commissioners receiving evidence about a hearing outside of the public meeting.
Ex parte communications rules do not apply to legislative matters in which there are no due process rights at stake. Examples are a hearing on a new zoning ordinance applicable to the whole City or a policy discussion about the Housing Element.
This section includes an option for discipline for Commissioners that fail to disclose ex part communications required by the section by receipt of a warning letter, censure by the Commission, and removal in accordance with Barstow Municipal Code § 2.24.040.
No discussion of items not on the agenda. In accordance with Government Code § 54954.2, subdivision (a)(3), no action or discussion can be undertaken on any item not appearing on the posted agenda, except that Commissioners or staff may briefly respond to statements made or questions posed by persons exercising their right to provide public comment. This rule is to avoid Commissioners improperly discussing matters not on the agenda.
Remove references to “Secretary”. The City Clerk or their designee staffs the Planning Commission meeting, so a Commission secretary is not needed. In the event the City Clerk or their designee is unable to staff meetings, a Commission secretary will be appointed by the City Manager or their designee.
Move Commission meeting times to 6pm. Since Commissioners are volunteers often times with full-time jobs, the revised time is to avoid meetings running late into the evening.
Cancellations of Commission meetings. Cancellations of Commission meetings must be approved by the City Manager or their designee. Where feasible, notice of any cancellation of a Commission meeting shall be posted at least within timeframes required by the Brown Act to post the agenda. For example, where the City Manager or designee, or the Chairperson, know in advance of the next regular Commission meeting that a majority of members have confirmed their unavailability to attend a meeting, notice of the cancellation shall be publicly posted at least 72 hours in advance of the Commission meeting. If advanced notice is not possible, then notice of the cancellation must be publicly posted.
Updates to align with Rosenberg’s Rules of Order. The Commission uses Rosenberg’s Rules of Order.
The resolution has been updated to reflect Rosenberg’s Rules of Order and motions have been updated to align with said rules.
Absences must be approved by the City Manager. Absences must be approved by the City Manager or their designee.
Council Approval Required to Amend Planning Commission Rules. Previously, the Commission could amend its own rules. If the resolution and ordinance is adopted by the Council, only the City Council can amend the Commission’s rules. The Commission may request the City Council changes their rules. 10 Packet Pg. 103
Regular Meeting
07/15/24 06:00 PM
City Manager Department
Maribel Hernandez
Ordinance
Doc ID: 5707
COUNCIL ORDINANCE
The major changes to the Barstow Municipal Code Chapter 2.24 (Planning Commission) for review by the City Council, include:
Section 2.24.020 - Term. Commissioners can serve until their successors are appointed and qualified.
Commissioners may apply to be reappointed at their end of their term. Requiring Commissioners to apply for reappointment ensures all community members have an equal opportunity to participate in the process to fill a vacancy.
Section 2.24.035 - Appointment and reappointment procedures. Removes ability of the City Council to fill a vacancy without a competitive process. Unless there is an unscheduled vacancy that requires appointment, the City Council must be notified of a vacancy.
Then, the City Council will direct the City Clerk to advertise the vacancy and establish timeframes for the community to submit applications. The City Council will appoint two members of the Council to serve on a temporary ad hoc committee formed for the limited purpose of selecting a commissioner to fill the vacancy. All recommended appointments must be confirmed by a majority of the City Council.
Section 2.24.050 - Meeting notice. Updated to align with policy in the resolution regarding Commission meeting cancellations.
Section 2.24.070 - Procedures. Removes the ability of the Commission to adopt their own regulations.
Commission must be prescribed by law, ordinance, or a City Council resolution.
A redline of changes to the prior Planning Commission Rules Resolution is Attachment 2. The final resolution amending the rules and regulations of the Planning Commission is Attachment 3.
Attachment 1 - Ordinance amending Ch. 2.24 (Planning Commission) Attachment 2 - Redline of Planning Commission Rules Resolution Attachment 3 - Resolution Amending Planning Commission Rules Note - the Ordinance shows the additions and subtractions directly in its text.
FISCAL IMPACT:
None. The cost of preparing these amended policies and procedures is within the existing budget.
Increasing the Planning Commission’s efficiency and reducing the risk of adverse litigation will help the City’s budget, in an indeterminate amount.
RECOMMENDED ACTION:
The Rules and Policies Committee recommends the City Council adopt Ordinance No. ___-2024 to approve amendments to the Barstow Municipal Code and to adopt Resolution No.____-2024 and repeal Planning Commission Resolution No. 467, all amending the Planning Commission’s rules and regulations.
10 Packet Pg. 104
365549.1
ORDINANCE NO. ___-2024
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BARSTOW AMENDING CHAPTER 2.42 OF THE BARSTOW MUNICIPAL CODE
REGARDING THE PLANNING COMMISSION
The City Council of the City of Barstow ordains as follows:
SECTION 1. Municipal Code Amendment. Chapter 2.24 of the Municipal Code, entitled, "Planning Commission" is hereby revised to provide as follows with additions denoted in underline and deletions noted in strikethrough:
Sec. 2.24.010. Established.
A city planning commission of five members is established by appointment by the majority of the city council. No member of such planning commission shall hold any other office with the city.
Sec. 2.24.020. Term.
Planning commissioners shall be appointed and/or reappointed for one or more four-year terms. Commissioners may serve until their successors are appointed and qualified. In accordance with the process in Section 2.24.035.A.2, Commissioners may apply to be reappointed at the expiration of their term to ensure an equal opportunity for all community members to participate in the process to fill a vacancy.
Sec. 2.24.030. Vacancy.
If a permanent mid-term vacancy on the planning commission occurs by resignation, disqualification, removal by the city council, incapacitation, or death, such vacancy shall be filled by appointment pursuant to the provisions of sections 2.24.010 and 2.24.035 for the unexpired portion of the term.
Sec. 2.24.035. Appointment and reappointment procedures.
Members of the planning commission shall only be appointed after notification to the city council of any vacancy or the expiration of the term of any member. At the time of notification, the city council may elect to cause public notice of such vacancy or may elect to appoint a member.
A. Except where otherwise provided herein, the city council shall be notified of any vacancy in the planning commission. At the time of notification, the city council shall direct the clerk to publicly advertise the vacancy, establish timeframes for the submission of applications, and appoint two members of the city council to serve on an ad hoc selection committee formed for the temporary and limited purpose of selecting a commissioner to fill the vacancy. The City Manager, or designee, shall
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determine which City staff shall support the ad hoc selection committee. Any applicant recommended by the selection committee for appointment or reappointment shall be referred to the city council for confirmation and appointment by a majority of the City Council.
B. However, in In the event of an unscheduled vacancy, the council will comply with the process in Government Code § 54974 or applicable statute. If public notice is given, appointment or reappointment shall be made after the city council has given due consideration to all qualified applicants for appointment. Any applicant who fills an unscheduled vacancy requires confirmation and appointment by a majority of the City Council.
Sec. 2.24.040. Removal.
Any member or alternate member of the planning commission may be removed by a majority of the city council at the will and pleasure of such council.
Sec. 2.24.050. Meetings; notice.
The city planning commission hereby established shall hold not less than one meeting each calendar month unless cancelled by the City Manager or designee due to a lack of quorum or commission business. The time, place, and date of regular meetings of the commission shall be set by resolution of the commission. Notice of a cancellation of a Commission meeting shall be made in accordance with the Commission regulations adopted by a resolution of the City Council. Special meetings may be called in as allowed by applicable law. the following manner:
(1) By action of the majority of the commission present at any regular meeting or special meeting thereof.
(2) By call of the chairperson to be delivered in writing through the United States mail, such notice to be postmarked not less than three days prior to the date of such called meeting.
(3) By the call of the chairperson, without such three-day notice, provided a written waiver of notice signed by each member with the secretary before any action taken at the special meeting thus called shall become effective. (4) The secretary shall call a special meeting upon the written request of two or more members of the commission, the notice of such special meeting to be delivered by posting in the United States mail not less than three days preceding the date of such special meeting.
Sec. 2.24.060. Powers and duties.
The powers and duties of the city planning commission shall be those which are now, or which may hereafter be, prescribed by law together with such additional duties as may from time to time be assigned to it by the city council.
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Sec. 2.24.070. Procedures.
The procedures to be followed by the city planning commission in discharging its functions shall be those which are now, or which may hereafter be, prescribed by law, or ordinance, or resolution adopted by the City Council. provided that in matters wherein procedures are not so prescribed, the city planning commission may by resolution adopt its own procedures.
Sec. 2.24.080. Council resolutions.
The city council from time to time by resolution may establish minimum qualifications for eligibility for appointment to the planning commission, provide for attendance at planning commission meetings legally set or called, and other provisions deemed by the council to be in the public interest. Any such resolutions in existence on the effective date of the ordinance codified in this section are hereby validated.
Sec. 2.24.090. Automatic adjournment.
In the event a quorum of the commission fails to appear at any regular, regular adjourned or legally called special meeting, the City Clerk, or designee, or secretary of the commission shall adjourn the meeting at the same hour and place on the next regularly scheduled planning commission meeting, or to a specific date and time.
SECTION 3. Severability. If any provision, section, paragraph, sentence or word of this Ordinance, or the application thereof to any person or circumstance, is rendered or declared invalid by any court of competent jurisdiction, the remaining provisions, Sections, paragraphs, sentences or words of this Ordinance, and their application to other persons or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this Ordinance are severable.
SECTION 4. Effective Date. This ordinance shall take effect thirty days after adoption as provided by Government Code 36937. The City Clerk shall cause this Ordinance to be published in accordance with California Government Code Section 36933.
SECTION 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the City Council.
SECTION 6. CEQA. The City Council finds the adoption of this ordinance is exempt from review under the California Environmental Quality Act because it relates to an administrative matter. (CEQA Guidelines, 14 Cal. Code of Regulations, Section 5061(b)(3) and 15378(b)(5).
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PASSED, APPROVED AND ADOPTED this 5
th day of August, 2024
________________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
________________________________
Andrea Flores, City Clerk
APPROVED AS TO FORM:
________________________________
Matthew Summers, City Attorney
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I, Andrea Flores, City Clerk for the City of Barstow, California, and ex-officio Clerk of the City Council, do hereby certify under penalty of perjury that the foregoing is a true and correct copy of Ordinance No. ___-2024, which was introduced at a regular meeting of the City Council of the City of Barstow held on the 15th day of July 2024, and adopted at the regular meeting of the City Council of the City of Barstow on the ____st day of _____ 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Andrea Flores, City Clerk
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[[REDLINE SHOWING CHANGES]]
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW
AMENDING PREVIOUSLY ESTABLISHED RULES FOR THE CONDUCT
OF PLANNING COMMISSION MEETINGS, PROCEEDINGS AND
BUSINESS AND REPEALING PLANNING COMMISSION RESOLUTION
467.
WHEREAS, the Planning Commission last revised its established rules for the conduct of its meetings, proceedings and business under Resolution No. 467,and WHEREAS, the City Council desires to change the regulations of the Planning Commission; and
NOW, THEREFORE BE IT RESOLVED that the City Council Planning Commission of the City of Barstow does hereby amend its the rules for the Planning Commission and the conduct of its meetings, proceedings and business to read as follows:
ARTICLE I - OFFICERS
SECTION ONE OFFICERS, ENUMERATION OF:
The officers of the Commission shall be a Chairperson and, Vice-Chairperson and Secretary.
SECTION TWO - OFFICERS, ELECTION OF:
Officers of the Commission shall be elected for a term of one year by the Commission at the first meeting of the Commission immediately following the 31st day of January of each calendar year. This term shall not apply to Planning Commission Alternates.
SECTION THREE - CHAIRPERSON, QUALIFICATION OF:
The Chairperson shall be one of the members of the Commission.
SECTION FOUR - VACANCIES:
Pursuant to Barstow Municipal Code Chapter section 2.2624.020, Commissioner terms shall be for a period of four years. Such Commissioner terms shall begin in January, or upon appointment, and shall end at the end of December in the fourth year as specified upon appointment. Vacancies shall be handled according to the process in Barstow Municipal Code section 2.24.035. Pursuant to Barstow Municipal Code Chapter Should any officer, including the Chairperson, cease to be a member of the Commission prior to the expiration of his/ her term of office, a vacancy shall be deemed to have occurred in the office and the City Council may direct the City Clerk to advertise the vacancy of the Planning Commission, instruct staff to establish timeframes for the submittal of applications, and appoint two City Council members to a Selection Committee to conduct interviews with potential Planning Commission applicantsa successor shall be elected by the Commission for the unexpired portion of his/her term.
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SECTION FIVE - CHAIRPERSON, POWERS AND DUTIES:
The Chairperson shall have the following powers and duties:
A. Preside at all meetings of the Commission and at all hearings conducted by the Commission.
B. Sign all written resolutions of the Commission and all minutes of all meetings or hearings of the Commission which shall have been approved by the Commission.
C. Perform such other duties as may be required by Ordinance of the City of Barstow or by Resolution or order of the Commission not inconsistent with Ordinances of the City of Barstow.
SECTION SIX - VICE CHAIRPERSON, QUALIFICATIONS OF:
The Vice-Chairperson shall be one of the members of the Commission.
SECTION SEVEN - VICE CHAIRPERSON, ELECTION OF:
The Vice-Chairperson shall be elected by the members of the Commission.
SECTION EIGHT - VICE CHAIRPERSON, POWERS AND DUTIES:
The Vice-Chairperson shall have the following powers and duties:
A. Perform all powers and duties of the Chairperson in the event of and during the absence or disability of the Chairperson.
B. Preside as Chairperson at all meetings and hearings of the Commission in the event of and during the absence or disability of the Chairperson.
C. Shall perform such other duties as may be required by Ordinance of the City of Barstow, or by Resolution or order of the Commission not inconsistent with the Ordinances of the City of Barstow.
SECTION NINE - CHAIRPERSON PRO-TEMPORE:
In the event of the absence or disability of the Chairperson and Vice-Chairperson at any meeting or hearing of the Commission, the most senior commissioner present shall serve as Chairperson pro-tempore to preside over the meeting or hearing.
SECTION TEN - CHAIRPERSON PRO-TEMPORE, POWERS AND DUTIES:
The Chairperson Pro-Tempore shall have the following powers and duties:
A. Perform all powers and duties of the Chairperson in the event of and during the
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absence or disability of the Chairperson.
A.B. Preside as Chairperson at all meetings and hearings of the Commission in the event of and during the absence or disability of the Chairperson.
B.C. Shall perform such other duties as may be required by Ordinance of the City of Barstow, or by Resolution or order of the Commission not inconsistent with the Ordinances of the City of Barstow Municipal Code.
- - SECTION ELEVEN – FIRST and SECOND ALTERNATE, SELECTION OF - - The First Alternate shall be elected from the two appointed alternates by the regular members of the Commission.
SECTION TWELVE ELEVEN - SECRETARY, QUALIFICATIONS OF:
The Secretary shall be the appointed by the City Planner or Director of Community Development or his/her designee.
SECTION THIRTEEN TWELVEELEVEN -– SECRETARYCITY CLERK, POWERS AND DUTIES OF:
The Secretary City Clerk or their designee shall have the following powers and duties:
A. Attend all meetings and hearings of the Commission and assure that a record of minutes of all that transpires at such meetings and hearings is kept on file in the Planning Department.
B. Attest all written resolutions of the Commission and all minutes of all meetings or hearings of the Commission which shall have been approved by the Commission.
Where a City Clerk or their designee is not assigned to the Commission, the City Manager or designee shall appoint a staff secretary to handle the powers and duties assigned to the City Clerk or their designee.
ARTICLE II - MEETINGS
SECTION ONE - REGULAR MEETINGS:
Regular meetings of the Planning Commission shall be held, without notice, on the second and fourth Monday of each month. The meeting shall commence at 76:00 P.M. in the City Hall Council Chambers, 220 East Mountain View, Barstow, California, or at such other place as the Commission may from time to time prescribe. Regular Planning Commission meetings will not be scheduled on legal city recognized holidays. Should a regular Commission meeting fall on a city recognized holiday, the Commission may reschedule for an alternative date by a majority vote of the Commission.
SECTION TWO - STUDY SESSION:
Study sessions may be called by a majority of the Commission at such times as the Commission deems necessary. Study sessions shall be for the purpose of hearing reports from staff or other persons. No official action shall be taken at the study session. The participation of the public shall be subject to the discretion of the presiding officer in
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accordance with the Brown Act.
SECTION THREE - CANCELLATION:
Any meeting of the Commission may be cancelled in advance by the City Manager or designee, or by a majority vote of the Commission. The City Manager or designee or the Chairperson may cancel a meeting in the case of an emergency or when a majority of members have confirmed their unavailability to attend a meeting. Any Commission meeting cancelled by the Chairperson or a majority vote of the Commission must be approved by the City Manager or their designee.
Where feasible, notice of any cancellation of a Commission meeting shall be posted at least within timeframes required by the Brown Act to post the agenda. For example, where the City Manager or designee, or the Chairperson, know in advance of the next regular Commission meeting that a majority of members have confirmed their unavailability to attend a meeting, notice of the cancellation shall be publicly posted at least 72 hours in advance of the Commission meeting.
Where it is not feasible to post notice of a cancellation in advance of a Commission meeting, such as due to loss of quorum at the meeting or due to an emergency, notice of the cancellation shall be publicly posted as soon as possible.
SECTION FOUR - AGENDA:
The Agenda shall be prepared at the direction of the City Planner or designee. A copy of the agenda shall be posted at least 72 hours prior to each regular meeting. In addition, a copy of the agenda with appropriate supporting documentation shall be available at City Hall during normal working hours for public inspection. All non-discretionary items to be placed on the Planning Commission agenda shall be received by the City Planner or designee no later than 5:00 P.M. on Tuesday prior to the regular Commission meeting on Monday.
SECTION FIVE - DISCUSSION THROUGH CHAIRPERSON ONLY, LIMITATION OF DISCUSSION, DISQUALIFICATION OF MEMBERS:
Discourse shall not be had directly among members of the Commission nor between persons in attendance and members of the Commission. Persons in attendance may address the Commission or members thereof only through the Chairperson. Members of the Commission may address one another or persons in attendance only through the Chairperson.
Except as otherwise provided in the procedures governing the conduct of public hearings set forth in Article V hereof, discussion on any particular matter either by the Commissioners or by any person in attendance may be limited, in the discretion of the Chairperson, to such time as the Chairperson may find to be reasonable under the circumstances, provided that any decision of the Chairperson to limit discussion may be overruled by a majority vote of the Commission.
SECTION SIX - QUORUM:
At any meeting of the Planning Commission, a majority of the Commission shall constitute a quorum for the transaction of business, and a majority of the members present shall decide.
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SECTION SEVEN – NO DISCUSSION OF ITEMS NOT ON THE AGENDA In accordance with Government Code §54954.2, subdivision (a)(3), no action or discussion shall be undertaken on any item not appearing on the posted agenda, except that Commissioners or staff may briefly respond to statements made or questions posed by persons exercising their right to provide public comment.
SECTION EIGHT – COMMISSIONER COMMENTS
In accordance with Government Code §54954.2, subdivision (a)(3), during “Commissioner Comments” on the agenda, Commissioners may make a report on their own activities or make a announcement for up to six (6) minutes. Commissioners may also provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.
Commissioners shall not engage in substantive discussions regarding items not on the agenda.
ARTICLE III - ORDER OF BUSINESS
SECTION ONE - AGENDA FORMAT:
The order of business for regular, adjourned, study sessions and special meetings shall be as follows:
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
c. Approval of Minutes
2. Continued Public Hearing(s) Items
3. Public Hearing(s)
4. Special Item(s) (e.g. Discussion Items, Updates, Information)
5.3. Miscellaneous Business
a. AudiencePublic Comment – 3 minutes
b. Traffic and Safety Update
c. Planning Commissioner Comments – 6 minutes
a. City Staff Comments
b. Commission
c.d. Staff
6.4. Adjournment
The Chairperson may modify the order of business for the convenience of the Commission, the audience, or an applicant before the Commission subject to Article III, Section II noted herein.
SECTION TWO - REMOVAL OF ITEM FROM AGENDA:
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Agenda items may only be removed from a Planning Commission Agenda following a written request by the applicant or authorized agent and a subsequent majority vote of the Planning Commission.
SECTION THREE - REORGANIZATION OF AGENDA ITEMS:
Any item reflected upon a Planning Commission agenda may be moved to an alternate position on the agenda upon a majority vote by the Planning Commission.
ARTICLE IV -– RULES OF CONDUCT
SECTION ONE – LIMITS OF DEBATE BY COMMISSIONERS
Unless waived by a majority of the Commission, a Commissioner may speak on any debatable motion for up to six (6) minutes at a time. Commissioners may request to speak an unlimited number of times. However, the Chair shall give priority to Commissioners who have not yet spoken or spoken less than other Commissioners.
SECTION ONE TWO -– BUSINESS OF THE COMMISSION:
Business shall be brought before the Commission by motion in accordance with the following standards of conduct:
A. Obtaining the Floor:
Any member of the Commission wishing to speak must first obtain the floor by being recognized by the Chairperson. The Chairperson must recognize any Commissioner who seeks the floor when appropriately entitled to do so.
B. Motions:
The Chairperson or any member of the Commission may bring a matter of business before the Commission by making a motion. Before the matter can be considered or debated it must be seconded. Once the motion has been properly made and seconded, the Chairperson shall open the matter for debate offering the first opportunity to debate to the moving party and, thereafter, to any individual properly recognized by the Chairperson.
Once the matter has been fully debated and the Chairperson calls for a vote, no further debate will be allowed.
C. Voting:
All Commissioners present at a meeting when a question comes up for a vote, shall vote for or against the measure unless he/she is disqualified from voting and abstains because of such disqualification. If the vote is a voice vote, the recording secretaryCity Clerk or their designee shall declare the result and note for the record all "“Aye"” votes and all "“No"” votes and abstentions. The Commission may also vote by roll call vote.
Regardless of the manner of voting, the results reflecting all “Ayes"”, "“Noes"” and abstentions must be clearly set forth for the record.
D. Procedural Rules of Order:
In all matters not otherwise provided for herein, the proceedings of the Commission shall
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be governed by the most recent edition of Roberts Rosenberg’s Rules of Order. No ordinance, resolution, proceedings, or other action by the Commission will be invalidated, or the legality thereof affected, by the failure or omission to observe or follow these rules, or Roberts Rosenberg’s Rules of Order.
SUBSIDIARY MOTIONS
E. Lay on the Table an Item:
Any Commissioner may move to Table an Item lay the matter under discussion on the table. This motion temporarily suspends any further discussion of the pending motion without setting a time certain to resume debate. It must be moved and seconded and passed by a majority vote. The motion may contain a specific time in which the item may come back to the Commission or the motion may contain no specific time for the return of the item. Where there is no specific time for the return of an item, a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting.
In order to bring the matter back before the Commission, a member must move that the matter be added to the next scheduled Planning Commission meetingtaken from the table, seconded and passed by a majority vote. A motion to take from the tableto bring an item back must be made at the next regular meeting of the Commission. Otherwise the motion that was tabled dies, although it can be raised later as a new motion.
F. Limit Debate:
(ND) Any Commissioner may move to limit debate by immediately bring the question being debated by the Commission to a vote, suspending any further debate. The motion must be made and seconded without interrupting one who already has the floor. A 4/5 vote is required for passage.
G. Time Limits or Extend Limits of Debate:
(ND) Any Commissioner may move to put limits on the length of debate. The motion must be made and seconded and requires 4/5 vote of the Commission to pass.
H. Postpone to a Time Certain:
(D) Unless prohibited by applicable law, aAny Commissioner may move to postpone the pending question to a time certain. This motion continues the pending main motion to a future date as determined by the Commission at the time the motion is passed. The motion must be seconded and requires a majority vote for passage.
I. Commit or Refer:
Any Commissioner may move that the matter being discussed should be referred to a temporary ad hoc committee for further study. An ad hoc committee shall be comprised of no more than two (2) Commissioners. Commissioners assigned to an ad hoc committee shall not have a conflict of interest in the matter within the committee’s purview. Pursuant to the provisions of the Brown Act, ad hoc committee meetings are not required to be open to the public and publicly noticed.
Where City staff is requested by the ad hoc committee to participate in committee
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meetings, the City Manager or designee shall dictate whether staff shall participate and which staff may participate in the committee meetings.
Ad hoc committees may be used on a limited basis where necessary to study Commission business in greater depth than what is possible in the time allotted for Commission meetings. The work of the ad hoc committee shall be limited to a single finite purpose and a limited scope. Ad hoc committees of the Commission shall be used for policy matters only and shall not be used for any decision involving land use rights, as such decision require public hearings.
The motion to refer must be seconded and requires a majority vote for passage. The motion may contain directions for the committee, as well as, a date upon which the matter will be returned to the Commission's agenda to make a recommendation to the full Commission. If no date is set for returning the item to the Commission agenda, any Commissioner may move, at any time, to require the item-be-returned to the agenda.
The motion must be seconded and majority vote is required for passage if the item is to come back at a future date certain, or a 4/5 vote if the item is to be immediately discussed by the Commission at the time the motion to return is made.
While an ad hoc committee is active, the Commission shall include a standing item on their regular agenda to receive updates from the committee on their progress.
J. Amend:
(D) Any Commissioner may amend the main motion or any amendment made to the main motion. Before the main motion may be acted upon, all amendments and amendments to amendments must first be acted upon. A motion to amend must be seconded and requires a majority vote for passage. An amendment must be related to the main motion or amendment to which it is directed. Any amendment which substitutes a new motion rather than amending the existing motion is out of order and may be so declared by the Chairperson.
K. Postpone Indefinitely:
(D) Any Commissioner may move to postpone indefinitely the motion on the floor, thus avoiding a direct vote on the pending motion and suspending any further action on the matter. The motion must be seconded and requires a majority vote for passage.
MOTIONS OF PRIVILEGE, ORDER AND CONVENIENCE
The following actions by the Commission are to insure orderly conduct of meetings and for the convenience of the Chairperson and Commissioners. These motions take precedence over any pending main or subsidiary motion and may or may not be debated as noted.
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I. Call for Orders of the Day:
(ND) Any Commissioner may demand that the agenda be followed in the order stated therein. No second is required and the Chairperson must comply unless the Commission, by 4/5 vote, sets aside the orders of the day.
L.K. Question of Privilege:
Any Commissioner, at any time during the meeting, may make a request of the Chairperson to accommodate the needs of the Commission or his/her personal needs for such things as reducing noise, adjusting air conditioning, ventilation, lighting, etc.
Admissibility of question is ruled on by the Chairperson.
M.L. Recess:
Any Commissioner may move for a recess. The motion must be seconded and a majority vote is required for passage.
Adjourn:
(ND) Any Commissioner may move to adjourn at any time, even if there is a business pending.
The motion must be seconded and a majority vote is required for passag N.M. Point of Order:
(ND) Any Commissioner may require the Chairperson to enforce the rules of the Commission by raising a point of order. The point of order shall be ruled upon by the Chairperson.
P. Appeal:
(D) Should any Commissioner be dissatisfied with a ruling from the Chairperson, he/she may move to appeal the ruling to the full Commission. The motion must be seconded to put it before the Commission. A majority vote in the negative or a tie vote sustains the ruling of the Chairperson. The motion is debatable and the Chairperson may participate in the debate.
(D)Any ruling of the Chairperson may be appealed at the request of a Commission member. If an appeal is taken, the only question before the Commission shall be, "Shall the decision of the Chairperson be sustained?" The Chairperson shall call for a roll call vote to determine if the ruling is upheld.
O.N. Suspend the Rules:
(D) Any Commissioner may move to suspend the rules if necessary to accomplish a matter that would otherwise violate the rules. The motion requires a second and a 4/5 vote is required for passage.
P.O. Division of Question:
(D) Any Commissioner may move to divide the subject matter of a motion which is made up of several parts in order to vote separately on each part. The motion requires a second and a majority vote for passage. This motion may also be applied to complex ordinances or resolutions.
Q.P. Reconsider:
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Except for votes regarding matters which are quasi-judicial in nature or matters which require a noticed public hearing, the Commission may reconsider any vote taken at the same session, but no later than the same or next calendar day if the meeting is adjourned to another day within the Brown Act’s requirements, to correct inadvertent or precipitant errors, or consider new information not available at the time of the vote. The motion to reconsider must be made by a Commissioner who voted on the prevailing side, must be seconded and requires a majority vote for passage, regardless of the vote required to adopt the motion being reconsidered. If the motion to reconsider is successful, the matter to be reconsidered takes no special precedence over other pending matters and any special voting requirements related thereto still apply. Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again at the same meeting. vote taken at the same session, but no later than the same or next calendar day, to correct inadvertent or precipitant errors, or consider new information not available at the time of the vote. The motion to reconsider must be made by a Commissioner who voted on the prevailing side, must be seconded and requires a majority vote for passage, regardless of the vote required to adopt the motion being reconsidered. If the motion to reconsider is successful, the matter to be reconsidered takes no special precedence over other pending matters and any special voting requirements related thereto still apple.
Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again at the same meeting.
Q. Renew, Rescind, Repeal or Annul:
The Commission may renew, rescind, repeal or annul any prior action taken with reference to any legislative matter so long as the action to renew, rescind, repeal or annul complies with all the rules applicable to the initial adoption, including any special voting or notice requirements or unless otherwise specified by law.
SECTION TWO FOUR - PETITIONS AND COMMUNICATIONS - FILING, REPORT AND INSPECTION THEREOF:
All written petition and communications on the agenda of a meeting shall be filed with the Commission at such meeting and shall be so marked by the SecretaryCity Clerk or their designee. The substance of such petitions and communications may be orally reported to the Commission by the SecretaryCity Clerk or their designee; provided that upon the request of any member of the Commission present at the meeting, any such petition or communication shall be read aloud in its entirety by the SecretaryCity Clerk. Such petitions and communications may be inspected at any time by any member of the Commission.
SECTION THREE FIVE - DOCUMENTS AND OBJECTS PRESENTED TO COMMISSIONFILING AND INSPECTION THEREOF:
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All documents and all physical objects presented to the Commission at any meeting by any person (including but not limited to, those presented by the City Council or by boards, commissions, officers, or departments of the City), shall be filed with the Commission at such meeting and shall be so marked by the SecretaryCity Clerk or their designee. Any such document or object filed with the Commission may be inspected at any time by any member of the Commission. At the discretion of the Chairperson, true copies or photographs of such documents and objects may be filed in lieu of the originals thereof.
Under no circumstances should any Planning Commission member communicate with the applicant or subject property owner before their project is officially presented at a Commission Meeting.
Information submitted on an item at a Planning Commission meeting which may be relevant to a decision being contemplated by the Commission and has not been previously reviewed by staff shall be considered "new information." In the case of receiving new information, the Planning Commission retains the discretion to continue the item to the next regular Planning Commission meeting or future meeting date assigned by the Commission.
ARTICLE V - PUBLIC HEARINGS
SECTION ONE - PUBLIC HEARINGS:
Matters which are required to be heard at a noticed public hearing shall comply with the procedures of Government Code § 65854 (if applicable) and shall be conducted in the following manner:
A. Time Of Public Hearings - Continuances:
Unless otherwise specifically required by law or order of the Commission, all hearings before the Commission on matters which the Commission is required by law to conduct a public hearing, shall be set for hearing at 7:00 p.m. or as soon thereafter as the matter may be heard at the regular meeting place of the Commission.
Starting at the respective times set for hearing, the matters on each of said hearing calendars will be called and heard in the order in which they appear on such calendars until proper disposition has been made on such matters in accordance with the law.
B. Public Discussion At Hearings:
When a matter for public hearing comes before the Commission, the Chairperson shall open the public hearing. Upon opening the public hearing and before any motion is adopted related to the merits of the issue to be heard, the Chairperson shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present evidence respecting the matter. Any person desiring to speak or present evidence shall make his/her presence known to the Chairperson and upon evidence relevant to the matter being heard. No person may speak without first being recognized by the Chairperson. Members of the
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Commission who wish to ask questions of the speakers or each other during the public hearing portion may do so but only after first being recognized by the Chairperson. The Chairperson shall conduct the meeting in such a manner as to afford due process. The Commission may restrict to three minutes the time for any person to speak in favor of or against any item.
All persons interested in the matter being heard by Commission shall be entitled to submit written evidence or remarks, as well as, other graphic evidence. All such evidence presented shall be retained by the Secretary City Clerk or their designee as part of the record. Time limits may be established by the Commission limiting the duration of presentations as set forth in these rules. No person shall be permitted during the hearing, to speak about matters or present evidence which is not germane to the matter being considered. A determination of relevance shall be made by the Chairperson, but may be appealed as set forth in these rules.
SECTION TWO - CONSIDERATION OF QUESTION BY COMMISSION:
After all members of the public desiring to speak upon the subject of the hearing have been given an opportunity to do so, subject to reasonable regulations permitted by the Brown Act, the public hearing shall be closed by the Chairperson to consider what disposition to be made of the question or questions presented at the hearing. No member of the public shall be allowed, without consent of the Chairperson, to speak further on the question during this period of deliberation. Although Commissioners may ask questions of the speakers if so desired. At the conclusion of the Commissions discussion, and appropriate motion having been made and seconded, the Commission shall vote on the matter.
SECTION THREE - CONTINUANCE OF HEARINGS:
Any hearing being held or noticed or ordered to be held by the Commission at any meeting of the Commission may, by order or notice of continuance, be continued or recontinued to any subsequent meeting in the manner provided herein for adjourned meetings.
SECTION FOUR - ATTENDANCE BY THE PUBLIC:
Except as specifically provided by law for closed session, all meetings of the Commission shall be open and public. All persons desiring to attend shall be permitted to attend any meeting. In the event any meeting is willfully interrupted by a group(s) of persons so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by removal of the offending individual(s), the Commission may order the meeting room cleared and continue in sessions. Representatives of the press, unless participants in the disturbance, shall be allowed to attend such session, and nothing shall prohibit the Commission from readmitting individuals not responsible for the disturbance.
Any person who becomes boisterous or who uses profane language may, upon the direction of the Chairperson, be removed from the site of such hearing.
SECTION FIVE- PUBLIC PARTICIPATION:
The Chairperson shall recognize that any person in attendance may address the Commission during each item. Persons addressing the Commission shall state their name and address and direct their comments to the Chairperson.
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SECTION SIX – EX PARTE COMMUNICATION POLICY
A. Under no circumstances should any Planning Commission member communicate with the applicant or subject property owneran Interested Person before their project is officially presented at a public hearing before the Commission.Commission Meeting.
B. When a Commissioner has an ex parte communication concerning a pending matter that is the basis of a quasi-judicial proceeding, the Commissioner shall verbally disclose the ex parte communication as follows. When a matter that is the subject of an ex parte communication is called but before it is considered by the body, the Commissioner shall verbally disclose:
1. The nature of the ex parte communication;
2. With whom the ex parte communication was made; and
3. A brief statement as to the substance of the communication.
A Commissioner should only announce the receipt of any emails from Interested Persons if the emails were not addressed to the full Commission and only the site visits where they spoke to Interested Persons regarding the item being considered.
C. After closure of the hearing on a matter and prior to a final decision. Commissioners shall refrain from any ex parte communications with Interested Persons pertaining to the matter.
A.D. This policy is meant to augment, not supplant, any other legal obligations Commissioners have regarding contact with applicants and the public, including but not limited to disclosure of conflicts of interest under the Political Reform Act, Government Code section 81000 et seq., and/or adherence to open meeting laws such as the Brown Act, Government Code section 54950 et seq.
E. Failure of a Commissioner to disclose an ex parte communication in accordance with the provisions of this section may result in one or all of the following actions:
1. A warning letter shall be sent to the Commissioner advising the Commissioner of the regulations in this section and that failure to comply with this section may result in removal.
2. The Commission or the City Council may censure the Commissioner for failing to disclose the ex parte communication, per the procedures of the censure policy adopted by the City Council.
3. Removal pursuant to Barstow Municipal Code section 2.24.040.
F. As used in this Section:
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1. “Ex parte communication” is any written or oral communication between Commissioners and any Interested Person, other than an individual on the City’s staff acting in their official capacity, about a matter pending before and within the jurisdiction of the City, and which does not occur in a public hearing, workshop, or other official proceeding, or appear in the official record of the proceeding on the matter, where the matter is quasi-judicial in nature, e.g., discretionary permits, licenses, maps, and similar applications, where findings must be made based on substantial evidence in the record. A communication concerning only the status of a pending matter shall not be regarded as an ex parte communication.
2. “Interested Person” means any of the following:
a) Any applicant, protestant, respondent, petitioner, complainant, appellant, interested party who has made a formal appearance, or the agents or employees of any of them, including persons receiving consideration to represent any of them;
a)b) Any person with a financial interest, as described in the California Political Reform Act, in a matter at issue before the Commission, or such person’s agents or employees, including persons receiving consideration to represent such a person;
c) Any member of the public who intends to influence the decision of a Commissioner on a matter before them, even if that association is not a party to the matter; and
d) A representative acting on behalf of any formally organized civic, environmental, neighborhood, business, labor, trade, or similar association who intends to influence the decision of Commissioner on a matter before them, even if that association is not a party to the matter.
1.3. A matter is “pending” if an application has been filed with City.
ARTICLE VI-ATTENDANCE OF MEMBERS
SECTION ONE - ATTENDANCE:
Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law.
A Commissioner absent from three consecutive meetings without securing the consent of the CommissionCity Manager or designee , entered upon the minutes, shall be deemed to have resigned, except for the following reasons:
a) Illness or injury to member;
b) Illness or injury to one of the member's family necessitating member's presence with ill or injured person;
c) Previously announced vacation or absence from the city; d) Bereavement through loss of relative, close friend, or business associate; or e) Temporary Military Reserves or "summer camp" similiarsimilar type of absence for
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military service.
The Secretary, or in the absence of a Secretary, tThe City Clerk, or their designee shall notify the City Council of such resignation and request in the name of the Commission, the appointment of a new member to fill the unexpired term of the member resigning.
Any member of the Commission who expects to be absent from a meeting of the Commission and who has not previously been excused for such absence by the Council or by the Commission will be expected to so notify the Secretary City Clerk or their designee of the Commission as soon as such absence appears to be a certainty. Preferably, such notice shall occur at least twenty-four (24) hours in advance of the time set for the meeting to allow time for notifying persons whose business appears on the agenda for such meetings if it appears that a quorum will not be present for any such meeting.
An excused absence or unexcused absence of a Commissioner shall be reflected in the official minutes of the Commission’s minutes.
ARTICLE VII - AMENDMENT OF RULES SECTION
Any amendment to these rules proposed by the Commission shall be submitted to the City Council for approval.
ONE - AMENDMENT OF RULES:
These rules may be amended or added to by three affirmative votes of the Planning Commission at a regular meeting.
No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Secretary at the regular meeting next preceding the meeting at which the motion to change is made.
SECTION TWO - PREVIOUS BY-LAWS REPEALED:
The previously adopted "Rules for Conduct of Business" identified hereinafter as Planning Commission Resolution #4675 is hereby repealed upon adoption of this Resolution.
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RESOLUTION NO. ____-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW
AMENDING PREVIOUSLY ESTABLISHED RULES FOR THE CONDUCT
OF PLANNING COMMISSION MEETINGS, PROCEEDINGS AND
BUSINESS AND REPEALING PLANNING COMMISSION RESOLUTION
467.
WHEREAS, the Planning Commission last revised its established rules for the conduct of its meetings, proceedings and business under Resolution No. 467,and WHEREAS, the City Council desires to change the regulations of the Planning Commission; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Barstow does hereby amend the rules for the Planning Commission and the conduct of its meetings, proceedings and business to read as follows:
ARTICLE I - OFFICERS
SECTION ONE OFFICERS, ENUMERATION OF:
The officers of the Commission shall be a Chairperson and Vice-Chairperson.
SECTION TWO - OFFICERS, ELECTION OF:
Officers of the Commission shall be elected for a term of one year by the Commission at the first meeting of the Commission immediately following the 31st day of January of each calendar year.
SECTION THREE - CHAIRPERSON, QUALIFICATION OF:
The Chairperson shall be one of the members of the Commission.
SECTION FOUR - VACANCIES:
Pursuant to Barstow Municipal Code section 2.24.020, Commissioner terms shall be for a period of four years. Such Commissioner terms shall begin in January, or upon appointment, and shall end at the end of December in the fourth year as specified upon appointment.
Vacancies shall be handled according to the process in Barstow Municipal Code section
2.24.035.
SECTION FIVE - CHAIRPERSON, POWERS AND DUTIES:
The Chairperson shall have the following powers and duties:
A. Preside at all meetings of the Commission and at all hearings conducted by the Commission.
B. Sign all written resolutions of the Commission and all minutes of all meetings or hearings of the Commission which shall have been approved by the
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Commission.
C. Perform such other duties as may be required by Ordinance of the City of Barstow or by Resolution or order of the Commission not inconsistent with Ordinances of the City of Barstow.
SECTION SIX - VICE CHAIRPERSON, QUALIFICATIONS OF:
The Vice-Chairperson shall be one of the members of the Commission.
SECTION SEVEN - VICE CHAIRPERSON, ELECTION OF:
The Vice-Chairperson shall be elected by the members of the Commission.
SECTION EIGHT - VICE CHAIRPERSON, POWERS AND DUTIES:
The Vice-Chairperson shall have the following powers and duties:
A. Perform all powers and duties of the Chairperson in the event of and during the absence or disability of the Chairperson.
B. Preside as Chairperson at all meetings and hearings of the Commission in the event of and during the absence or disability of the Chairperson.
C. Shall perform such other duties as may be required by Ordinance of the City of Barstow, or by Resolution or order of the Commission not inconsistent with the Ordinances of the City of Barstow.
SECTION NINE - CHAIRPERSON PRO-TEMPORE:
In the event of the absence or disability of the Chairperson and Vice-Chairperson at any meeting or hearing of the Commission, the most senior commissioner present shall serve as Chairperson pro-tempore to preside over the meeting or hearing.
SECTION TEN - CHAIRPERSON PRO-TEMPORE, POWERS AND DUTIES:
The Chairperson Pro-Tempore shall have the following powers and duties:
A. Perform all powers and duties of the Chairperson in the event of and during the absence or disability of the Chairperson.
B. Preside as Chairperson at all meetings and hearings of the Commission in the event of and during the absence or disability of the Chairperson.
C. Shall perform such other duties as may be required by Ordinance of the City of Barstow, or by Resolution or order of the Commission not inconsistent with the Barstow Municipal Code.
SECTION ELEVEN – CITY CLERK, POWERS AND DUTIES OF:
The City Clerk or their designee shall have the following powers and duties:
A. Attend all meetings and hearings of the Commission and assure that a record of
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minutes of all that transpires at such meetings and hearings is kept on file in the Planning Department.
B. Attest all written resolutions of the Commission and all minutes of all meetings or hearings of the Commission which shall have been approved by the Commission.
Where a City Clerk or their designee is not assigned to the Commission, the City Manager or designee shall appoint a staff secretary to handle the powers and duties assigned to the City Clerk or their designee.
ARTICLE II - MEETINGS
SECTION ONE - REGULAR MEETINGS:
Regular meetings of the Planning Commission shall be held on the second and fourth Monday of each month. The meeting shall commence at 6:00 P.M. in the City Hall Council Chambers, 220 East Mountain View, Barstow, California, or at such other place as the Commission may from time to time prescribe. Regular Planning Commission meetings will not be scheduled on city recognized holidays. Should a regular Commission meeting fall on a city recognized holiday, the Commission may reschedule for an alternative date by a majority vote of the Commission.
SECTION TWO - STUDY SESSION:
Study sessions may be called by a majority of the Commission at such times as the Commission deems necessary. Study sessions shall be for the purpose of hearing reports from staff or other persons. No official action shall be taken at the study session. The participation of the public shall be subject to the discretion of the presiding officer in accordance with the Brown Act.
SECTION THREE - CANCELLATION:
Any meeting of the Commission may be cancelled in advance by the City Manager or designee, or by a majority vote of the Commission. The City Manager or designee or the Chairperson may cancel a meeting in the case of an emergency or when a majority of members have confirmed their unavailability to attend a meeting. Any Commission meeting cancelled by the Chairperson or a majority vote of the Commission must be approved by the City Manager or their designee.
Where feasible, notice of any cancellation of a Commission meeting shall be posted at least within timeframes required by the Brown Act to post the agenda. For example, where the City Manager or designee, or the Chairperson, know in advance of the next regular Commission meeting that a majority of members have confirmed their unavailability to attend a meeting, notice of the cancellation shall be publicly posted at least 72 hours in advance of the Commission meeting.
Where it is not feasible to post notice of a cancellation in advance of a Commission meeting, such as due to loss of quorum at the meeting or due to an emergency, notice of the cancellation shall be publicly posted as soon as possible.
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SECTION FOUR - AGENDA:
The Agenda shall be prepared at the direction of the City Planner or designee. A copy of the agenda shall be posted at least 72 hours prior to each regular meeting. In addition, a copy of the agenda with appropriate supporting documentation shall be available at City Hall during normal working hours for public inspection. All non-discretionary items to be placed on the Planning Commission agenda shall be received by the City Planner or designee no later than 5:00 P.M. on Tuesday prior to the regular Commission meeting on Monday.
SECTION FIVE - DISCUSSION THROUGH CHAIRPERSON ONLY, LIMITATION OF DISCUSSION, DISQUALIFICATION OF MEMBERS:
Discourse shall not be had directly among members of the Commission nor between persons in attendance and members of the Commission. Persons in attendance may address the Commission or members thereof only through the Chairperson. Members of the Commission may address one another or persons in attendance only through the Chairperson.
Except as otherwise provided in the procedures governing the conduct of public hearings set forth in Article V hereof, discussion on any particular matter either by the Commissioners or by any person in attendance may be limited, in the discretion of the Chairperson, to such time as the Chairperson may find to be reasonable under the circumstances, provided that any decision of the Chairperson to limit discussion may be overruled by a majority vote of the Commission.
SECTION SIX - QUORUM:
At any meeting of the Planning Commission, a majority of the Commission shall constitute a quorum for the transaction of business, and a majority of the members present shall decide.
SECTION SEVEN – NO DISCUSSION OF ITEMS NOT ON THE AGENDA In accordance with Government Code §54954.2, subdivision (a)(3), no action or discussion shall be undertaken on any item not appearing on the posted agenda, except that Commissioners or staff may briefly respond to statements made or questions posed by persons exercising their right to provide public comment.
SECTION EIGHT – COMMISSIONER COMMENTS
In accordance with Government Code §54954.2, subdivision (a)(3), during “Commissioner Comments” on the agenda, Commissioners may make a report on their own activities or make a announcement for up to six (6) minutes. Commissioners may also provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.
Commissioners shall not engage in substantive discussions regarding items not on the agenda.
ARTICLE III - ORDER OF BUSINESS
SECTION ONE - AGENDA FORMAT:
The order of business for regular, adjourned, study sessions and special meetings shall be
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as follows:
1. Call to Order
a. Pledge ofAllegiance
b. Roll Call
c. Approval of Minutes
2. Public Hearing(s) Items
3. Miscellaneous
a. Public Comment – 3 minutes
b. Traffic and Safety Update
c. Planning Commissioner Comments – 6 minutes
d. City Staff Comments
4. Adjournment
The Chairperson may modify the order of business for the convenience of the Commission, the audience, or an applicant before the Commission.
SECTION TWO - REMOVAL OF ITEM FROM AGENDA:
Agenda items may only be removed from a Planning Commission Agenda following a written request by the applicant or authorized agent and a subsequent majority vote of the Planning Commission.
SECTION THREE - REORGANIZATION OF AGENDA ITEMS:
Any item reflected upon a Planning Commission agenda may be moved to an alternate position on the agenda upon a majority vote by the Planning Commission.
ARTICLE IV – RULES OF CONDUCT
SECTION ONE – LIMITS OF DEBATE BY COMMISSIONERS
Unless waived by a majority of the Commission, a Commissioner may speak on any debatable motion for up to six (6) minutes at a time. Commissioners may request to speak an unlimited number of times. However, the Chair shall give priority to Commissioners who have not yet spoken or spoken less than other Commissioners.
SECTION TWO – BUSINESS OF THE COMMISSION:
Business shall be brought before the Commission by motion in accordance with the following standards of conduct:
A. Obtaining the Floor:
Any member of the Commission wishing to speak must first obtain the floor by being recognized by the Chairperson. The Chairperson must recognize any Commissioner who seeks the floor when appropriately entitled to do so.
B. Motions:
The Chairperson or any member of the Commission may bring a matter of business before
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the Commission by making a motion. Before the matter can be considered or debated it must be seconded. Once the motion has been properly made and seconded, the Chairperson shall open the matter for debate offering the first opportunity to debate to the moving party and, thereafter, to any individual properly recognized by the Chairperson.
Once the matter has been fully debated and the Chairperson calls for a vote, no further debate will be allowed.
C. Voting:
All Commissioners present at a meeting when a question comes up for a vote, shall vote for or against the measure unless he/she is disqualified from voting and abstains because of such disqualification. If the vote is a voice vote, the City Clerk or their designee shall declare the result and note for the record all “Aye” votes and all “No” votes and abstentions. The Commission may also vote by roll call vote. Regardless of the manner of voting, the results reflecting all “Ayes”, “Noes” and abstentions must be clearly set forth for the record.
D. Procedural Rules ofOrder:
In all matters not otherwise provided for herein, the proceedings of the Commission shall be governed by the most recent edition of Rosenberg’s Rules of Order. No ordinance, resolution, proceedings, or other action by the Commission will be invalidated, or the legality thereof affected, by the failure or omission to observe or follow these rules, or Rosenberg’s Rules of Order.
SUBSIDIARY MOTIONS
E. Table an Item:
Any Commissioner may move to Table an Item under discussion. This motion temporarily suspends any further discussion of the pending motion without setting a time certain to resume debate. It must be moved and seconded and passed by a majority vote. The motion may contain a specific time in which the item may come back to the Commission or the motion may contain no specific time for the return of the item. Where there is no specific time for the return of an item, a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting.
F. Limit Debate:
Any Commissioner may move to limit debate by immediately bring the question being debated by the Commission to a vote, suspending any further debate. The motion must be made and seconded without interrupting one who already has the floor. A 4/5 vote is required for passage.
G. Time Limits ofDebate:
Any Commissioner may move to put limits on the length of debate. The motion must be made and seconded and requires 4/5 vote of the Commission to pass.
H. Postpone to a Time Certain:
Unless prohibited by applicable law, any Commissioner may move to postpone the
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pending question to a time certain. This motion continues the pending main motion to a future date as determined by the Commission at the time the motion is passed. The motion must be seconded and requires a majority vote for passage.
I. Commit or Refer:
Any Commissioner may move that the matter being discussed should be referred to a temporary ad hoc committee for further study. An ad hoc committee shall be comprised of no more than two (2) Commissioners. Commissioners assigned to an ad hoc committee shall not have a conflict of interest in the matter within the committee’s purview. Pursuant to the provisions of the Brown Act, ad hoc committee meetings are not required to be open to the public and publicly noticed.
Where City staff is requested by the ad hoc committee to participate in committee meetings, the City Manager or designee shall dictate whether staff shall participate and which staff may participate in the committee meetings.
Ad hoc committees may be used on a limited basis where necessary to study Commission business in greater depth than what is possible in the time allotted for Commission meetings. The work of the ad hoc committee shall be limited to a single finite purpose and a limited scope. Ad hoc committees of the Commission shall be used for policy matters only and shall not be used for any decision involving land use rights, as such decision require public hearings.
The motion to refer must be seconded and requires a majority vote for passage. The motion may contain directions for the committee, as well as, a date upon which the matter will be returned to the Commission's agenda to make a recommendation to the full Commission. If no date is set for returning the item to the Commission agenda, any Commissioner may move, at any time, to require the item-be-returned to the agenda.
The motion must be seconded and majority vote is required for passage if the item is to come back at a future date certain, or a 4/5 vote if the item is to be immediately discussed by the Commission at the time the motion to return is made.
While an ad hoc committee is active, the Commission shall include a standing item on their regular agenda to receive updates from the committee on their progress.
J. Amend:
Any Commissioner may amend the main motion or any amendment made to the main motion. Before the main motion may be acted upon, all amendments and amendments to amendments must first be acted upon. A motion to amend must be seconded and requires a majority vote for passage. An amendment must be related to the main motion or amendment to which it is directed. Any amendment which substitutes a new motion rather thanamending the existing motion is out of order and may be so declared by the Chairperson.
MOTIONS OF PRIVILEGE, ORDER AND CONVENIENCE
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The following actions by the Commission are to insure orderly conduct of meetings and for the convenience of the Chairperson and Commissioners. These motions take precedence over any pending main or subsidiary motion and may or may not be debated as noted.
K. Question of Privilege:
Any Commissioner, at any time during the meeting, may make a request of the Chairperson to accommodate the needs of the Commission or his/her personal needs for such things as reducing noise, adjusting air conditioning, ventilation, lighting, etc.
Admissibility of question is ruled on by the Chairperson.
L. Recess:
Any Commissioner may move for a recess. The motion must be seconded and a majority vote is required for passage.
M. Point of Order:
Any Commissioner may require the Chairperson to enforce the rules of the Commission by raising a point of order. The point of order shall be ruled upon by the Chairperson.
N. Suspend the Rules:
Any Commissioner may move to suspend the rules if necessary to accomplish a matter that would otherwise violate the rules. The motion requires a second and a 4/5 vote is required for passage.
O. Division of Question:
Any Commissioner may move to divide the subject matter of a motion which is made up of several parts in order to vote separately on each part. The motion requires a second and a majority vote for passage. This motion may also be applied to complex ordinances or resolutions.
P. Reconsider:
Except for votes regarding matters which are quasi-judicial in nature or matters which require a noticed public hearing, the Commission may reconsider any vote taken at the same session, but no later than the same or next calendar day if the meeting is adjourned to another day within the Brown Act’s requirements, to correct inadvertent or precipitant errors, or consider new information not available at the time of the vote. The motion to reconsider must be made by a Commissioner who voted on the prevailing side, must be seconded and requires a majority vote for passage, regardless of the vote required to adopt the motion being reconsidered. If the motion to reconsider is successful, the matter to be reconsidered takes no special precedence over other pending matters and any special voting requirements related thereto still apply. Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again at the same meeting.
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SECTION FOUR - PETITIONS AND COMMUNICATIONS - FILING, REPORT AND INSPECTION THEREOF:
All written petition and communications on the agenda of a meeting shall be filed with the Commission at such meeting and shall be so marked by the City Clerk or their designee. The substance of such petitions and communications may be orally reported to the Commission by the City Clerk or their designee. Such petitions and communications may be inspected at any time by any member of theCommission.
SECTION FIVE - DOCUMENTS AND OBJECTS PRESENTED TO COMMISSION- FILING AND INSPECTION THEREOF:
All documents and all physical objects presented to the Commission at any meeting by any person (including but not limited to, those presented by the City Council or by boards, commissions, officers, or departments of the City), shall be filed with the Commission at such meeting and shall be so marked by the City Clerk or their designee. Any such document or object filed with the Commission may be inspected at any time by any member of the Commission. At the discretion of the Chairperson, true copies or photographs of such documents and objects may be filed in lieu of the originals thereof.
Information submitted on an item at a Planning Commission meeting which may be relevant to a decision being contemplated by the Commission and has not been previously reviewed by staff shall be considered "new information." In the case of receiving new information, the Planning Commission retains the discretion to continue the item to the next regular Planning Commission meeting or future meeting date assigned by the Commission.
ARTICLE V - PUBLIC HEARINGS
SECTION ONE - PUBLIC HEARINGS:
Matters which are required to be heard at a noticed public hearing shall comply with the procedures of Government Code § 65854 (if applicable) and shall be conducted in the following manner:
A. Time Of Public Hearings - Continuances:
Unless otherwise specifically required by law or order of the Commission, all hearings before the Commission on matters which the Commission is required by law to conduct a public hearing, shall be set for hearing at 7:00 p.m. or as soon thereafter as the matter may be heard at the regular meeting place of the Commission.
Starting at the respective times set for hearing, the matters on each of said hearing calendars will be called and heard in the order in which they appear on such calendars until proper disposition has been made on such matters in accordance with the law.
B. Public Discussion At Hearings:
When a matter for public hearing comes before the Commission, the Chairperson shall open the public hearing. Upon opening the public hearing and before any
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motion is adopted related to the merits of the issue to be heard, the Chairperson shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present evidence respecting the matter. Any person desiring to speak or present evidence shall make his/her presence known to the Chairperson and upon evidence relevant to the matter being heard. No person may speak without first being recognized by the Chairperson. Members of the Commission who wish to ask questions of the speakers or each other during the public hearing portion may do so but only after first being recognized by the Chairperson. The Chairperson shall conduct the meeting in such a manner as to afford due process. The Commission may restrict to three minutes the time for any person to speak in favor of or against any item.
All persons interested in the matter being heard by Commission shall be entitled to submit written evidence or remarks, as well as, other graphic evidence. All such evidence presented shall be retained by the City Clerk or their designee as part of the record. Time limits may be established by the Commission limiting the duration of presentations as set forth in these rules. No person shall be permitted during the hearing, to speak about matters or present evidence which is not germane to the matter being considered. A determination of relevance shall be made by the Chairperson, but may be appealed as set forth in these rules.
SECTION TWO - CONSIDERATION OF QUESTION BY COMMISSION:
After all members of the public desiring to speak upon the subject of the hearing have been given an opportunity to do so, subject to reasonable regulations permitted by the Brown Act, the public hearing shall be closed by the Chairperson to consider what disposition to be made of the question or questions presented at the hearing. No member of the public shall be allowed, without consent of the Chairperson, to speak further on the question during this period of deliberation. Although Commissioners may ask questions of the speakers if so desired. At the conclusion of the Commissions discussion, and appropriate motion having been made and seconded, the Commission shall vote on the matter.
SECTION THREE - CONTINUANCE OF HEARINGS:
Any hearing being held or noticed or ordered to be held by the Commission at any meeting of the Commission may, by order or notice of continuance, be continued or recontinued to any subsequent meeting in the manner provided herein for adjourned meetings.
SECTION FOUR - ATTENDANCE BY THE PUBLIC:
Except as specifically provided by law for closed session, all meetings of the Commission shall be open and public. All persons desiring to attend shall be permitted to attend any meeting. In the event any meeting is willfully interrupted by a group(s) of persons so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by removal of the offending individual(s), the Commission may order the meeting room cleared and continue in sessions. Representatives of the press, unless participants in the disturbance, shall be allowed to attend such session, and nothing shall prohibit the Commission from readmitting individuals not responsible for the disturbance.
Any person who becomes boisterous or who uses profane language may, upon the direction
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of the Chairperson, be removed from the site of such hearing.
SECTION FIVE- PUBLIC PARTICIPATION:
The Chairperson shall recognize that any person in attendance may address the Commission during each item. Persons addressing the Commission shall direct their comments to the Chairperson.
SECTION SIX – EX PARTE COMMUNICATION POLICY
A. Under no circumstances should any Planning Commission member communicate with an Interested Person before their project is presented at a public hearing before the Commission.
B. When a Commissioner has an ex parte communication concerning a pending matter that is the basis of a quasi-judicial proceeding, the Commissioner shall verbally disclose the ex parte communication as follows. When a matter that is the subject of an ex parte communication is called but before it is considered by the body, the Commissioner shall verbally disclose:
1. The nature of the ex parte communication;
2. With whom the ex parte communication was made; and
3. A brief statement as to the substance of the communication.
A Commissioner should only announce the receipt of any emails from Interested Persons if the emails were not addressed to the full Commission and only the site visits where they spoke to Interested Persons regarding the item being considered.
C. After closure of the hearing on a matter and prior to a final decision. Commissioners shall refrain from any ex parte communications with Interested Persons pertaining to the matter.
D. This policy is meant to augment, not supplant, any other legal obligations Commissioners have regarding contact with applicants and the public, including but not limited to disclosure of conflicts of interest under the Political Reform Act, Government Code section 81000 et seq., and/or adherence to open meeting laws such as the Brown Act, Government Code section 54950 et seq.
E. Failure of a Commissioner to disclose an ex parte communication in accordance with the provisions of this section may result in one or all of the following actions:
1. A warning letter shall be sent to the Commissioner advising the Commissioner of the regulations in this section and that failure to comply with this section may result in removal.
2. The Commission or the City Council may censure the Commissioner for failing to disclose the ex parte communication, per the procedures of the censure policy adopted by the City Council.
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3. Removal pursuant to Barstow Municipal Code section 2.24.040.
F. As used in this Section:
1. “Ex parte communication” is any written or oral communication between Commissioners and any Interested Person, other than an individual on the City’s staff acting in their official capacity, about a matter pending before and within the jurisdiction of the City, and which does not occur in a public hearing, workshop, or other official proceeding, or appear in the official record of the proceeding on the matter, where the matter is quasi-judicial in nature, e.g., discretionary permits, licenses, maps, and similar applications, where findings must be made based on substantial evidence in the record. A communication concerning only the status of a pending matter shall not be regarded as an ex parte communication.
2. “Interested Person” means any of the following:
a) Any applicant, protestant, respondent, petitioner, complainant, appellant, interested party who has made a formal appearance, or the agents or employees of any of them, including persons receiving consideration to represent any of them;
b) Any person with a financial interest, as described in the California Political Reform Act, in a matter at issue before the Commission, or such person’s agents or employees, including persons receiving consideration to represent such a person;
c) Any member of the public who intends to influence the decision of a Commissioner on a matter before them, even if that association is not a party to the matter; and
d) A representative acting on behalf of any formally organized civic, environmental, neighborhood, business, labor, trade, or similar association who intends to influence the decision of Commissioner on a matter before them, even if that association is not a party to the matter.
3. A matter is “pending” if an application has been filed with City.
ARTICLE VI-ATTENDANCE OF MEMBERS
SECTION ONE - ATTENDANCE:
Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law.
A Commissioner absent from three consecutive meetings without securing the consent of the City Manager or designee shall be deemed to have resigned, except for the following reasons:
a) Illness or injury tomember;
b) Illness or injury to one of the member's family necessitating member's presence
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with ill or injured person;
c) Previously announced vacation or absence from thecity; d) Bereavement through loss of relative, close friend, or business associate;or e) Temporary Military Reserves or similar type of absence for military service.
The City Clerk or their designee shall notify the City Council of such resignation and request in the name of the Commission, the appointment of a new member to fill the unexpired term of the member resigning.
Any member of the Commission who expects to be absent from a meeting of the Commission and who has not previously been excused for such absence by the Council or by the Commission will be expected to so notify the City Clerk or their designee of the Commission as soon as such absence appears to be a certainty. Preferably, such notice shall occur at least twenty-four (24) hours in advance of the time set for the meeting to allow time for notifying persons whose business appears on the agenda for such meetings if it appears that a quorum will not be present for any such meeting.
An excused absence or unexcused absence of a Commissioner shall be reflected in the official minutes of the Commission’s minutes.
ARTICLE VII - AMENDMENT OF RULES
Any amendment to these rules proposed by the Commission shall be submitted to the City Council for approval.
PREVIOUS BY-LAWS REPEALED:
The previously adopted "Rules for Conduct of Business" identified hereinafter as Planning Commission Resolution #467 is hereby repealed upon adoption of this Resolution.
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Certification. The City Clerk shall certify to the adoption of this Resolution.
CEQA. The City Council finds the adoption of this Resolution is exempt from review under the California Environmental Quality Act because it relates to an administrative matter. (CEQA Guidelines, 14 Cal.
Code of Regulations, Section 5061(b)(3) and 15378(b)(5).
PASSED, APPROVED AND ADOPTED this 15th day of July, 2024.
__________________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
__________________________________
Andrea Flores, City Clerk
APPROVED AS TO FORM:
__________________________________
Matthew T. Summers, City Attorney
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. ____-2024 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 15th day of July, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Andrea Flores, City Clerk
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07/15/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5706
COUNCIL AGENDA ITEM
AGENDA MATTER:
SURPLUS LAND ACT DESIGNATION: APNS: 0181-011-17-0000, 0181-011-18-0000, 0182-011-10- 0000, 0182-011-11-0000, 0182-011-12-0000, 0182-011-14-0000, 0182-011-15-0000, 0182-011-16-0000, 0182-011-17-0000, 0182-011-18-0000, 0182-011-19-0000, 0182-011-21-0000, 0182-011-22-0000, 0182- 011-23-0000, 0182-011-24-0000, 0182-011-25-0000, 0182-011-26-0000, 0182-011-27-0000, 0182-012- 01-0000, 0182-012-02-0000, 0182-012-08-0000, 0182-012-09-0000, 0182-012-10-0000, 0182-012-36- 0000, 0182-012-37-0000, 0182-012-39-0000, 0182-012-43-0000, 0182-012-44-0000, 0182-012-52-0000 EXECUTIVE SUMMARY:
The City of Barstow owns twenty-nine properties that it has deemed are no longer necessary for the City’s use. The Surplus Land Act requires the City to declare at a regular public meeting that such land is not necessary for the City’s use. City staff put together this report to discuss these parcels.
DISCUSSION:
In order to discuss the sale of these properties with potential buyers, the City must designate the properties surplus to the City’s needs.
The Surplus Land Act requires the City to send a written Notice of Availability of surplus land to HCD, other public agencies in whose jurisdiction the surplus land is located, and prospective affordable housing developers that have notified HCD of their interest in surplus land that is in the county in which the surplus land is located, or all counties. Noticed agencies and registered housing developers have 60 days from the date of notice to express interest in the property and 90 days to complete good-faith negotiations.
The City is not required to sell the land to the interested party. If terms are not agreed upon between the interested party and the City within the 90-days of good-faith negotiations, the City may negotiate with any other developers or interested parties for the disposition of surplus land.
Likewise, the proposed declaration of surplus land does not authorize the sale or lease of the affected properties. Once the above process is complete, individual property transactions are required to come before the City Council for approval.
If an agency fails to provide the proper notices, there is a significant penalty that requires a local agency to forfeit 30 percent of the purchase/lease proceeds for the first violation and 50 percent for any subsequent violations.
The properties in question are below:
1. 0181-011-17-0000
The subject site is a 0.34 acre zoned Industrial located off 157 Crooks Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
2. 0181-011-18-0000
11 Packet Pg. 139
Regular Meeting
07/15/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5706
COUNCIL AGENDA ITEM
The subject site is a 0.35 acre zoned Industrial located off 153 Crooks Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
3. 0182-011-10-0000
The subject site is a 0.35 acre zoned Industrial located off Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
4. 0182-011-11-0000
The subject site is a 0.35 acre zoned Industrial located off Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
5. 0182-011-12-0000
The subject site is a 0.04 acre zoned Industrial located off Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
6. 0182-011-14-0000
The subject site is a 0.03 acre zoned Industrial located off Pierce Avenue in the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderateincome housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
7. 0182-011-15-0000
The subject site is a 0.03 acre zoned Industrial located off Pierce Avenue in the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderateincome housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
8. 0182-011-16-0000
The subject site is a 0.03 acre zoned Industrial located off Pierce Avenue in the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderateincome housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
9. 0182-011-17-0000
The subject site is a 0.03 acre zoned Industrial located off Pierce Avenue in the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderateincome housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
11 Packet Pg. 140
Regular Meeting
07/15/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5706
COUNCIL AGENDA ITEM
10. 0182-011-18-0000
The subject site is a 0.1 acre zoned Industrial located off Pierce Avenue in the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderateincome housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
11. 0182-011-19-0000
The subject site is a 0.34 acre zoned Industrial located off 235 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
12. 0182-011-21-0000
The subject site is a 0.31 acre zoned Industrial located off 215 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
13. 0182-011-22-0000
The subject site is a 0.48 acre zoned Industrial located off 205 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
14. 0182-011-23-0000
The subject site is a 0.21 acre zoned Industrial located off Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
15. 0182-011-24-0000
The subject site is a 0.35 acre zoned Industrial located off 265 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
16. 0182-011-25-0000
The subject site is a 0.35 acre zoned Industrial located off 273 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
17. 0182-011-26-0000
The subject site is a 0.17 acre zoned Industrial located off 28876 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency 11 Packet Pg. 141
Regular Meeting
07/15/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5706
COUNCIL AGENDA ITEM
used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
18. 0182-011-27-0000
The subject site is a 0.19 acre zoned Industrial located off 225 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
19. 0182-012-01-0000
The subject site is a 0.29 acre zoned Industrial located off 282 Pierce Avenue in the City of Barstow. The site is currently owned by the City of Barstow and connected to other Industrial lots that are also currently owned by the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The City intends to market the vacant land for its highest and best use.
20. 0182-012-02-0000
The subject site is a 0.28 acre zoned Industrial located off 276 Pierce Avenue in the City of Barstow. The site is currently owned by the City of Barstow and connected to other Industrial lots that are also currently owned by the City of Barstow. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The City intends to market the vacant land for its highest and best use.
21. 0182-012-08-0000
The subject site is a 0.08 acre zoned Industrial located off 228 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
22. 0182-012-09-0000
The subject site is a 0.07 acre zoned Industrial located off 228 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
23. 0182-012-10-0000
The subject site is a 0.12 acre zoned Industrial located off 106 Willow Drive in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
24. 0182-012-36-0000
The subject site is a 0.43 acre zoned Industrial located off 270 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use. 11 Packet Pg. 142
Regular Meeting
07/15/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5706
COUNCIL AGENDA ITEM
25. 0182-012-37-0000
The subject site is a 0.11 acre zoned Industrial located off Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
26. 0182-012-39-0000
The subject site is a 0.14 acre zoned Industrial located off 234 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
27. 0182-012-43-0000
The subject site is a 0.29 acre zoned Industrial located off 222 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
28. 0182-012-44-0000
The subject site is a 0.2 acre zoned Industrial located off 216 Pierce Avenue in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
29. 0182-012-52-0000
The subject site is a 0.12 acre zoned Industrial located off 111 Willow Drive in the City of Barstow and may be accessed by the street. The site is not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes. The site is currently owned by the City of Barstow. The City intends to market the vacant land for its highest and best use.
Surplus Land Act Analysis:
The City is subject to the California Surplus Land Act (Government Code §54220 et seq.) (the “Act”), which requires local agencies (including cities) to determine, by governing body findings, whether land it intends to dispose of is (a) “surplus” and, if so, should first be made available to affordable housing developers; or, if surplus, (b) “exempt surplus” and not subject to the procedural requirements under the Act.
Section 54221 (b)(1) of the Act defines “surplus land” as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.” Under the Act, the land must be declared “either ‘surplus land’ or ‘exempt surplus land,’ as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures.” Section 54221 (c)(1) defines “agency’s use” to include, but not be limited to, “land that is being used, is planned to be used pursuant to a written plan adopted by the local agency’s governing board for, or is disposed to support ... agency work or operations, including, but not limited to, utility sites, watershed 11 Packet Pg. 143
Regular Meeting
07/15/24 06:00 PM
City Manager Department
Kody Tompkins
Determinations of Use
Doc ID: 5706
COUNCIL AGENDA ITEM
property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes related to greenhouse gas emissions, and buffer sites near sensitive governmental uses, including, but not limited to, wastewater treatment plants.” Notably, “agency’s use” does not include “commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development”; nor does it include “property disposed of for the sole purpose of investment or generation of revenue.” Govt. C. § 54221 (c)(2)(A).
ENVIRONMENTAL IMPACT:
The proposed action will not cause a direct physical change in the environment, and therefore, does not constitute the approval of a project under the California Environmental Quality Act (CEQA), and is exempt from CEQA review. The designation of these properties as surplus by itself does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Any potential future development of one or more parcels will be evaluated at that time for potential environmental impacts as part of that future development approval process. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT:
There are no anticipated fiscal impacts to declaring these properties surplus as they are not the source of substantial revenue for the City and all are vacant.
RECOMMENDED ACTION:
Staff recommends the City Council adopt a Resolution declaring the listed properties surplus, finding this declaration exempt from review under the California Environmental Quality Act, 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.
11 Packet Pg. 144
City Council Resolution No. ____-2024 1
RESOLUTION NO. ____-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BARSTOW, CALIFORNIA, DECLARING THE
PROPERTIES LOCATED AT 0181-011-17-0000, 0181-011-
18-0000, 0182-011-10-0000, 0182-011-11-0000, 0182-011-
12-0000, 0182-011-14-0000, 0182-011-15-0000, 0182-011-
16-0000, 0182-011-17-0000, 0182-011-18-0000, 0182-011-
19-0000, 0182-011-21-0000, 0182-011-22-0000, 0182-011-
23-0000, 0182-011-24-0000, 0182-011-25-0000, 0182-011-
26-0000, 0182-011-27-0000, 0182-012-01-0000, 0182-012-
02-0000, 0182-012-08-0000, 0182-012-09-0000, 0182-012-
10-0000, 0182-012-36-0000, 0182-012-37-0000, 0182-012-
39-0000, 0182-012-43-0000, 0182-012-44-0000, 0182-012-
52-0000 TO BE SURPLUS LAND
WHEREAS, the City owns certain properties located at 0181-011-17-0000, 0181- 011-18-0000, 0182-011-10-0000, 0182-011-11-0000, 0182-011-12-0000, 0182-011-14- 0000, 0182-011-15-0000, 0182-011-16-0000, 0182-011-17-0000, 0182-011-18-0000, 0182-011-19-0000, 0182-011-21-0000, 0182-011-22-0000, 0182-011-23-0000, 0182- 011-24-0000, 0182-011-25-0000, 0182-011-26-0000, 0182-011-27-0000, 0182-012-01- 0000, 0182-012-02-0000, 0182-012-08-0000, 0182-012-09-0000, 0182-012-10-0000, 0182-012-36-0000, 0182-012-37-0000, 0182-012-39-0000, 0182-012-43-0000, 0182- 012-44-0000, 0182-012-52-0000 (“Properties”); and
WHEREAS, the City would like to sell the Properties, which consist of twenty nine (29) parcel currently zoned Industrial, totaling approximately 6.18 acres; and WHEREAS, before the City can sell the Properties, it must comply with the noticing requirements of Government Code section 54220 et seq., commonly referred to as the “Surplus Land Act”; and
WHEREAS, under Government Code section 54221, subdivision (b)(1), “Surplus land” is defined as “land owned in fee simple by a local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.”
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The Recitals are true and correct and are hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein.
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Packet Pg. 145 Attachment: Attach A Reso re SLA-City owned less than_.5 acres (5706 : Surplus Land Act Designation) City Council Resolution No. ____-2024 2
SECTION 2. Surplus Land. The Properties are hereby declared “surplus land” under Government Code section 54221, subdivision (b)(1), in that they are land owned in fee simple by the City and are not necessary for the City’s use. City Staff is directed to send a written notice of the City’s declaration and finding to the California Department of Housing and Community Development.
SECTION 3. Notice of Availability. City staff is hereby directed and authorized to send a written notice of availability of the Properties to all of the entities listed in Government Code section 54222.
SECTION 4. CEQA. The City Council finds this surplus land designation will not cause a direct physical change in the environment, and therefore, does not constitute the approval of a project under the California Environmental Quality Act (CEQA), Public Resources Code section 21000, et seq., and is exempt from CEQA review. The designation of these properties as surplus by itself does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA per CEQA Guidelines, California Code of Regulations, Title 14, Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378.
Any potential future development of one or more parcels will be evaluated at that time for potential environmental impacts as part of that future development approval process.
Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
SECTION 5. Certification. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of July, 2024.
__________________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
__________________________________
Andrea Flores, City Clerk
APPROVED AS TO FORM:
__________________________________
Matthew T. Summers, City Attorney
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Packet Pg. 146 Attachment: Attach A Reso re SLA-City owned less than_.5 acres (5706 : Surplus Land Act Designation) City Council Resolution No. ____-2024 3
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. ____-2024 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 15th day of July, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Andrea Flores, City Clerk
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Packet Pg. 162 Attachment: Attach B Parcel Maps- city-owned less than_.5 acres (5706 : Surplus Land Act Designation) Enter the name of the
local public entity disposing of surplus land.
dropdown menu, select the type of local public
address, if available. Enter an intersection, if, and only if, a site address is Enter the city in which the site is located.
the ZIP code. This inform
the county in which the site is
Enter the current available assessor parcel number (APN). site is being consolidated from
current general plan designation.
Enter the current zoning designation.
the size of the parcel in acres.
parcel is vacant, enter “Vacant”. If the
Enter your minimum asking price for the parcel, if any.
Jurisdiction Name
Jurisdiction
Type
Site Address/
Intersection City
Five
Digit
ZIP
Code County
Assessor Parcel
Number
Consolida
ted Sites
General
Plan
Designation
(Current)
Zoning
Designation
(Current)
Parcel
Size
(Gross
Acres)
Existing
Use/Vaca
ncy
Minimum Sales
Price
City of Barstow City 157 CROOKS AVE Barstow 92311 San Bernadi0181‐011‐17‐0000 Industrial Industrial 0.34 Vacant Subject to appraisaland negotiation
City of Barstow City 153 CROOKS AVE Barstow 92311 San Bernadi0181‐011‐18‐0000 Industrial Industrial 0.35 Vacant Subject to appraisaland negotiation
City of Barstow City Pierce Ave Barstow 92311 San Bernadi0182‐011‐10‐0000 Industrial Industrial 0.35 Vacant Subject to appraisaland negotiation
City of Barstow City Pierce Ave Barstow 92311 San Bernadi0182‐011‐11‐0000 Industrial Industrial 0.35 Vacant Subject to appraisaland negotiation
City of Barstow City Pierce Ave Barstow 92311 San Bernadi0182‐011‐12‐0000 Industrial Industrial 0.04 Vacant Subject to appraisaland negotiation
City of Barstow City 255 PIERCE AVE Barstow 92311 San Bernadi0182‐011‐14‐0000 Industrial Industrial 0.03 Vacant Subject to appraisaland negotiation
City of Barstow City 245 PIERCE AVE Barstow 92311 San Bernadi0182‐011‐15‐0000 Industrial Industrial 0.03 Vacant Subject to appraisaland negotiation
City of Barstow City Pierce Ave Barstow 92311 San Bernadi0182‐011‐16‐0000 Industrial Industrial 0.03 Vacant Subject to appraisaland negotiation
City of Barstow City Pierce Ave Barstow 92311 San Bernadi0182‐011‐17‐0000 Industrial Industrial 0.03 Vacant Subject to appraisaland negotiation
City of Barstow City Pierce Ave Barstow 92311 San Bernadi0182‐011‐18‐0000 Industrial Industrial 0.1 Vacant Subject to appraisaland negotiation
City of Barstow City 235 PIERCE AVE Barstow 92311 San Bernadi0182‐011‐19‐0000 Industrial Industrial 0.34 Vacant Subject to appraisaland negotiation
City of Barstow City 215 PIERCE AVE Barstow 92311 San Bernadi0182‐011‐21‐0000 Industrial Industrial 0.31 Vacant Subject to appraisaland negotiation
City of Barstow City 205 PIERCE AVE Barstow 92311 San Bernadi0182‐011‐22‐0000 Industrial Industrial 0.48 Vacant Subject to appraisaland negotiation
City of Barstow City Pierce Ave Barstow 92311 San Bernadi0182‐011‐23‐0000 Industrial Industrial 0.21 Vacant Subject to appraisaland negotiation
City of Barstow City 265 PIERCE AVE Barstow 92311 San Bernadi0182‐011‐24‐0000 Industrial Industrial 0.35 Vacant Subject to appraisaland negotiation
City of Barstow City 273 PIERCE AVE Barstow 92311 San Bernadi0182‐011‐25‐0000 Industrial Industrial 0.35 Vacant Subject to appraisaland negotiation
City of Barstow City 28876 PIERCE AVE Barstow 92311 San Bernadi0182‐011‐26‐0000 Industrial Industrial 0.17 Vacant Subject to appraisaland negotiation
City of Barstow City 225 PIERCE AVE Barstow 92311 San Bernadi0182‐011‐27‐0000 Industrial Industrial 0.19 Vacant Subject to appraisaland negotiation
City of Barstow City 282 PIERCE AVE Barstow 92311 San Bernadi0182‐012‐01‐0000 Industrial Industrial 0.29 Vacant Subject to appraisaland negotiation
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Attachment: Attach C Property Descriptions HCD Form city-owned less than_.5 acres (5706 : Surplus City of Barstow City 276 PIERCE AVE Barstow 92311 San Bernadi0182‐012‐02‐0000 Industrial Industrial 0.28 Vacant Subject to appraisaland negotiation
City of Barstow City 228 PIERCE AVE Barstow 92311 San Bernadi0182‐012‐08‐0000 Industrial Industrial 0.08 Vacant Subject to appraisaland negotiation
City of Barstow City 228 PIERCE AVE Barstow 92311 San Bernadi0182‐012‐09‐0000 Industrial Industrial 0.07 Vacant Subject to appraisaland negotiation
City of Barstow City 106 WILLOW DR Barstow 92311 San Bernadi0182‐012‐10‐0000 Industrial Industrial 0.12 Vacant Subject to appraisaland negotiation
City of Barstow City 270 PIERCE AVE Barstow 92311 San Bernadi0182‐012‐36‐0000 Industrial Industrial 0.43 Vacant Subject to appraisaland negotiation
City of Barstow City Pierce Ave Barstow 92311 San Bernadi0182‐012‐37‐0000 Industrial Industrial 0.11 Vacant Subject to appraisaland negotiation
City of Barstow City 234 PIERCE AVE Barstow 92311 San Bernadi0182‐012‐39‐0000 Industrial Industrial 0.14 Vacant Subject to appraisaland negotiation
City of Barstow City 222 PIERCE AVE Barstow 92311 San Bernadi0182‐012‐43‐0000 Industrial Industrial 0.29 Vacant Subject to appraisaland negotiation
City of Barstow City 216 PIERCE AVE Barstow 92311 San Bernadi0182‐012‐44‐0000 Industrial Industrial 0.2 Vacant Subject to appraisaland negotiation
City of Barstow City 111 WILLOW DR Barstow 92311 San Bernadi0182‐012‐52‐0000 Industrial Industrial 0.12 Vacant Subject to appraisaland negotiation
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Attachment: Attach C Property Descriptions HCD Form city-owned less than_.5 acres (5706 : Surplus