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Agenda packet

Barstow City Council
September 16, 2024

Document
Agenda packet
Meeting
September 16, 2024
Body
Barstow City Council
Pages
15
Original file
17.6 MB
Text extracted from the city's file for reading and search. Open the original on barstowcityca.iqm2.com. That file is the official record.

REGULAR MEETING

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
SEPTEMBER 16, 2024
5:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA

REGULAR MEETING
Agenda-September 16, 2024

Page 1 of 6 ends

MAYOR
Paul Anthony Courtney

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

ELECTED CITY CLERK
Andrea Flores

ELECTED CITY TREASURER
Michael Lewis

PLANNING COMMISSIONERS
Andrew Ziemer
Beatrice Lint
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 5:00PM
CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:
 Council Member Carmen Hernandez
 Council Member Barbara Rose
 Council Member Marilyn Kruse
 Mayor Pro Tem James Noble
 Mayor Paul Courtney
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY

ITEM ON THE AGENDA, PLEASE SO INDICATE BY FILLING OUT A

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

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

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

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

Agenda-September 16, 2024

Page 2 of 6 ends

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

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

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: 4.

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Recommended Action:
(Government Code Section 54957)
Title: Interim City Manager
REPORT OF CLOSED SESSION:

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

INVOCATION:

PLEDGE OF ALLEGIANCE:

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.

Agenda-September 16, 2024

Page 3 of 6 ends

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

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

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

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

PRESENTATIONS:

3. CITIZEN RECOGNITION FOR MICHELLE CARREY
Recommended Action:

Presentation only.

4. PRESENTATION OF PROCLAMATION TO DESERT SANCTUARY, INC. IN RECOGNITION OF DOMESTIC VIOLENCE AWARENESS MONTH - OCTOBER 2024
Recommended Action:

Present proclamation to Desert Sanctuary, Inc. in recognition of Domestic Violence Awareness Month - October 2024.

5. PRESENTATION FROM VVTA
Recommended Action:

Presentation only.

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

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

MINUTES ALL AGENCIES:

6. MINUTES CC BFPD - AUGUST 5, 2024, AT 6:00 P.M.

Recommended Action:

Approve minutes as presented.

7. MINUTES REGULAR MEETING - AUGUST 19, 2024, AT 6:00 P.M.

Recommended Action:

Approve minutes as presented.

ACCOUNTS PAYABLE ALL AGENCIES:

CITY COUNCIL:

8. FINAL ACCEPTANCE OF MOJAVE RIVER VALLEY MUSEUM ROOF RECONSTRUCTION

PROJECT
Recommended Action:

Staff recommends that the City Council take the following actions:

1. Approve final acceptance for the Mojave River Valley Museum Roof Replacement Project #2022-05 (CDH Project Number BARS-21-1-03Z/0238)

2. Authorize staff to file the attached Notice of Completion Agenda-September 16, 2024

Page 4 of 6 ends

9. APPROVAL TO REALLOCATE CDBG UNPROGRAMMED FUNDS FOR NORTH BARSTOW

ADA INFRASTRUCTURE IMPROVEMENTS
Recommended Action:

Staff Recommends that the City Council take the following actions:

1. Approve the allocation of CBDG un-programmed funds and a project budget increase in the amount of $261,675 and approve the increase of the total contract amount to $542,515

10. RESOLUTION NO. XXXX-2024 TEMPORARILY CLOSING CERTAIN STREETS WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH SECTION 21101(E) OF THE CALIFORNIA

VEHICLE CODE FOR THE MARDI GRAS PARADE
Recommended Action:

Adopt Resolution No. XXXX-2024 temporarily closing certain streets within the City of Barstow in accordance with Section 21101(E) of the California Vehicle Code - Kiwanis Mardi Gras Parade), in which funds, if approved during the September 16, 2024 regular Council meeting, would be appropriated in FY 2024/2025 from account number 102.150.542.07.755, and waive the full reading.

11. RESOLUTION AUTHORIZING THE STREET CLOSURE FOR THE ARTS AND CULTURAL DISTRICT FESTIVAL EVENT ON OCTOBER 12, 2024.

Recommended Action:

Adopt Resolution No. ____ -2024, approving the Street Closure and Statement of Findings for the Arts and Cultural District Festival Event on October 12, 2024, and to waive the reading.

12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW TEMPORARILY

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

Recommended Action:

Adopt Resolution No. XXXX-2024, temporarily closing certain streets within the City of Barstow in accordance with California Vehicle Code Section 21101(e) for the Main Street USA Car Show, and waive the full reading.

13. APPROVAL OF TRAVEL TO THE LEAGUE OF CALIFORNIA CITIES ANNUAL

CONFERENCE IN LONG BEACH, CA
Recommended Action:

Approve travel of Mayor Courtney, to Long Beach, CA for the League of California Cites New Mayors and Council Members Academy.

14. APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE LEAGUE OF CALIFORNIA CITIES CITY CLERK WORKSHOP, OCTOBER 16, 2024, IN LONG BEACH, CA
Recommended Action:

Approve travel for City Clerk Andrea Flores to the League of California Cities City Clerk Workshop on October 16, 2024, in Long Beach, CA.

15. DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD OCTOBER 16 - 18, 2024
Recommended Action:

Designate Mayor Courtney as the voting delegate for the City of Barstow for the 2024 League of California Cities Annual Conference to be held October 16 - 18, 2024, in Long Beach CA.

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-September 16, 2024

Page 5 of 6 ends

PUBLIC HEARINGS:

BUSINESS / ACTION ITEMS:

CITY COUNCIL:

16. AWARD OF COMMUNITY PROMOTIONAL FUNDS FOR FISCAL YEAR 2024-2025 Recommended Action:

Authorize the award from the Measure Q Fund towards providing in-kind donations of fee waivers, and cash donation as listed in Exhibit “A”.

17. RESOLUTION ACCEPTANCE OF ACTIVE TRANSPORTATION PROGRAM GRANT ATP-08- 129M AND ATP-5298(037) FOR PEDESTRIAN, BICYCLIST AND SAFETY IMPROVEMENTS Recommended Action:

Staff recommends the City Council take the following actions:

1. Waive the reading in full.

2. Adopt Resolution No. XXXX-2024 authorizing the City Manager to execute the Master Agreement on behalf of the City as part of the California Department of Transportation's funding process.

3. Authorize the revenue budget for the ATP Grant for $6,406,000 in the Reimbursable Grant Fund.

4. Accept the potential City match of $3,000,000 utilizing available funding sources.

18. RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY

FOR ACCEPTANCE OF STATE OF CA DEPARTMENT OF TRANSPORTATION FUNDS Recommended Action:

Staff recommends the City Council take the following actions:

1. Waive the reading in full.

2. Adopt Resolution No. XXXX-2024 authorizing the City Manager to execute the Master Agreement and Program Supplemental Agreement that must be executed on behalf of the City as part of the California Department of Transportation's funding process.

3. Authorize the revenue budget for the ATP Grant for $622,000 in the Reimbursable Grant Fund.

19. ALLOCATE MEASURE Q FUNDS FOR THE PURCHASE OF BODY WORN CAMERAS Recommended Action:

Staff recommends that the City Council take the following actions:
1) Authorize staff to allocate funding for the amount, not to exceed $334,383.41 with yearly payments from October 2024 to October 2028 of Measure Q funds for the purchase of Axon Generation 4 body worn camera systems.

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:

20. CITY MANAGER'S AUGUST 2024 UPDATE
Recommended Action:

Receive and file.

Agenda-September 16, 2024

Page 6 of 6 ends

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 12th day of September, 2024.

Andrew Espinoza Jr., Interim City Manager

Cory Cisneros, Acting Fire Chief Andrea Flores, City Clerk/Secretary Paul Anthony Courtney, Mayor/BFPD Chair
Regular Meeting
09/16/24 05:00:PM
Maria Chavez
Doc ID: 5760

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL: POTENTIAL FOR LITIGATION AGAINST THE CITY EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

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: 4.
1 Packet Pg. 7
Regular Meeting
09/16/24 05:00:PM
Maria Chavez
Doc ID: 5761

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:
(Government Code Section 54957)
Title: Interim City Manager
2 Packet Pg. 8
Regular Meeting
09/16/24 05:00 PM
City Clerk / Records
Maribel Hernandez
Presentation
Doc ID: 5767

AGENDA ITEM
AGENDA MATTER:

CITIZEN RECOGNITION FOR MICHELLE CARREY
EXECUTIVE SUMMARY:

Barstow Police Department would like to commend Ms. Michelle Carrey.

DISCUSSION:

FISCAL IMPACT:

None. Presentation only.

RECOMMENDED ACTION:

Presentation only.
3 Packet Pg. 9
Regular Meeting
09/16/24 05:00 PM
City Clerk / Records
Maria Chavez
Proclamation
Doc ID: 5748

AGENDA ITEM
AGENDA MATTER:

PRESENTATION OF PROCLAMATION TO DESERT SANCTUARY, INC. IN RECOGNITION OF DOMESTIC VIOLENCE AWARENESS MONTH - OCTOBER 2024
EXECUTIVE SUMMARY:

A proclamation will be presented to Desert Sanctuary, Inc. in recognition of Domestic Violence Awareness Month - October 2024.

DISCUSSION:

Domestic violence is a national tragedy affecting individuals of all ages and genders, causing immense damage to families. It is crucial to provide victims with the necessary assistance and support to combat this problem. Desert Sanctuary, Inc., a local organization established in 1982, offers resources, assistance, and shelter to local victims of domestic violence, making it easier for them to escape this physical and mental abuse.

To raise awareness and support the fight against domestic violence, October is designated as Domestic Violence Awareness Month. The City of Barstow is committed to eliminating domestic violence and recognizes this month as a time to demonstrate its support. In honor of Domestic Violence Awareness Month, the City will present a proclamation to Desert Sanctuary, Inc.

FISCAL IMPACT:

None. Presentation only.

RECOMMENDED ACTION:

Present proclamation to Desert Sanctuary, Inc. in recognition of Domestic Violence Awareness Month - October 2024.
4 Packet Pg. 10

P R O C L A M A T I O N
WHEREAS, Families strive to create a supportive and affectionate setting for their children. It is within this environment that kids learn to appreciate and honor themselves and others, as well as develop a value system that will shape them into responsible adults and productive members of society; and
WHEREAS, Tragically, domestic violence has turned countless homes into a battlefield, where women, men, children, and the elderly become innocent victims and suffer from both physical and emotional trauma; and
WHEREAS, Domestic violence is a national tragedy that weakens our family unit, leaves physical and emotional scars, and creates a destructive cycle of violence where oftentimes those who were abused become abusers themselves; and
WHEREAS, Domestic violence is a serious crime that affects people of all races, ages, genders, and income levels and costs the nation billions of dollars annually in medical expenses, police and court costs, shelters, foster care, sick leave, absenteeism, and non-productivity; and WHEREAS, As a nation, we need to be committed to ending domestic violence by creating a system that punishes offenders and provides victims with the necessary resources and assistance so that they may escape destructive environments; and
WHEREAS, With heightened awareness, strengthened prevention, and communities uniting for this cause, we can break the cycle of violence and build neighborhoods that are safe for everyone; and WHEREAS, Domestic violence has no place in our society, and in an effort to battle and eradicate domestic violence, October has been designated as DOMESTIC VIOLENCE AWARENESS MONTH; NOW, THEREFORE, The City Council of the City of Barstow hereby proclaims October 2024 as

DOMESTIC VIOLENCE AWARENESS MONTH
in the City of Barstow to demonstrate our continued support and commitment to the prevention and elimination of domestic violence;
AND FURTHER, It’s up to all of us to raise our voices and take a stand against domestic violence.

We must support local efforts to assist victims in finding the help and healing they need and work together to eradicate domestic violence in our community to create a safer environment for everyone.

SIGNED AND SEALED at Barstow, California, this 16th day of September 2024. ________________________ ________________________ ________________________ Carmen Hernandez, Council Member Paul Anthony Courtney, Dr.B.A., Mayor James M. Noble, Mayor Pro Tem

_______________________ _______________________
Marilyn Dyer Kruse, Council Member Barbara M. Rose, Council Member

4.a
Packet Pg. 11
Attachment: DOMESTIC VIOLENCE AWARENESS MONTH (5748 : Presentation of Proclamation to Desert Sanctuary, Inc.) Regular Meeting
09/16/24 05:00 PM
City Clerk / Records
Maribel Hernandez
Presentation
Doc ID: 5745

AGENDA ITEM
AGENDA MATTER:

PRESENTATION FROM VVTA
EXECUTIVE SUMMARY:

Representatives from the VVTA will be presenting
DISCUSSION:

FISCAL IMPACT:

None. Presentation only.

RECOMMENDED ACTION:

Presentation only.
5 Packet Pg. 12
Regular Meeting
09/16/24 05:00 PM
City Clerk / Records
Maribel Hernandez
Other
Doc ID: 5762

AGENDA ITEM
AGENDA MATTER:

MINUTES CC BFPD - AUGUST 5, 2024, AT 6:00 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
6 Packet Pg. 13

BARSTOW CITY COUNCIL /

BARSTOW FIRE PROTECTION DISTRICT

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
AUGUST 5, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

JOINT SPECIAL MEETING
Minutes-August 5, 2024

Page 1 of 10 ends

CALL TO ORDER - CLOSED SESSION:

MAYOR COURTNEY opened the closed session meeting at 6:00PM.

INVOCATION:

MAYOR PRO TEM NOBLE
- Gave the invocation.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER HERNANDEZ
- Led in the pledge of allegiance.

ROLL CALL:

Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse * Council Member Present
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Present
Carmen Hernandez Council Member Present
*COUNCIL MEMBER DYER KRUSE participated remotely under Attorney General Opinion #23-1002 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.

6.a
Packet Pg. 14
Attachment: 08.05.2024 Final (5762 : Minutes CC BFPD August 5, 2024 6:00 P.M.) Minutes-August 5, 2024

Page 2 of 10 ends

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

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

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Spoke of the items listed in closed session.

MOTION TO GO INTO CLOSED SESSION:

RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Council Member
AYES: Noble, Rose, Courtney, Hernandez
ABSENT: Kruse
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: 1.

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

Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Ellis v. City of Barstow, San Bernardino County Superior Court Case No. CIV-SB2307680

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Recommended Action:
(Government Code Section 54957)
Title: Interim City Manager

4. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: Barstow Fire Protection District Fire Chief & Command Staff

6.a
Packet Pg. 15
Attachment: 08.05.2024 Final (5762 : Minutes CC BFPD August 5, 2024 6:00 P.M.) Minutes-August 5, 2024

Page 3 of 10 ends

REPORT OF CLOSED SESSION:

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

Items 2,3 and 4 all Council were present, Council considered litigation Ellis versus City of Barstow, performance for the Interim City Manager and Barstow Fire District Chief and Command staff, and provided direction to staff and Council and took no reportable action. - Item 1, the council met with four council members with COUNCIL MEMBER ROSE recused regarding one item of potential litigation against the city and also took no reportable action.

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

MAYOR COURTNEY called the Regular Meeting to order at 7:19 P.M.

INVOCATION:

PASTOR MIKE SMITH SR. FROM BETHANY CHRISTIAN CHURCH gave 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 Absent
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Present
Carmen Hernandez Council Member Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING

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

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

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

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

6.a
Packet Pg. 16
Attachment: 08.05.2024 Final (5762 : Minutes CC BFPD August 5, 2024 6:00 P.M.) Minutes-August 5, 2024

Page 4 of 10 ends

Motion by COUNCIL MEMBER HERNANDEZ, to pull item 9 for discussion.

INTERIM CITY MANAGER, ANDREW ESPINOZA JR. would like to pull item 10, and return it to the August 19, 2024 meeting.

COUNCIL MEMBER ROSE, requested to pull items 5 and 9 and would like for Council to consider discussing item 10.

MOTION BY COUNCILMEMBER HERNANDEZ, SECONDED BY MAYOR PRO TEM NOBLE AND UNANIMOUSLY CARRIED TO APPROVE THE AGENDA PULLING ITEMS 5, 9, AND 10 FOR DISCUSSION.

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

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

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

MINUTES ALL AGENCIES:

None
ACCOUNTS PAYABLE ALL AGENCIES:

None
CITY COUNCIL:

5. CONSIDERATION TO CANCEL THE CITY COUNCIL MEETING SCHEDULED FOR SEPTEMBER 2, 2024
Recommended Action:

Cancel the September 2, 2024, City Council meeting.

COUNCIL MEMBER ROSE
- Requested to move meeting to Tuesday, September 3, 2024 as to not go almost a month with no meeting.

Motion by COUNCIL MEMBER ROSE, no second. Motion died due to lack of a second.

Motion by COUNCIL MEMBER HERNANDEZ, seconded by MAYOR COURTNEY to vote on item as presented to cancel September 2, 2024 council meeting and carried by a 3-1-1 vote.

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RESULT: APPROVED [3 TO 1]
MOVER: Carmen Hernandez, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Courtney, Hernandez
NAYS: Rose
ABSENT: Kruse

6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW DECLARING FOR A

PROTEST HEARING FOR PROPERTY ABATEMENT COSTS AND PENALTIES FOR AUGUST 19, 2024 AT 7:00 PM
Recommended Action:

Staff recommends to conduct a protest hearing. Subject to testimony received, adopt the attached Resolution No. 5176-2024, Making Determinations and Confirming Assessments and Proceedings for Unpaid Nuisance Abatement Fees, and waive the full reading.

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

7. SECOND READING OF ORDINANCE NO. 1024-2024 OF THE CITY OF BARSTOW AMENDING CHAPTER 2.24 REGARDING THE PLANNING COMMISSION Recommended Action:

The Rules and Policies Committee recommends the City Council adopt Ordinance No. 1024- 2024.

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

8. FY 2024-2025 PUBLICLY AVAILABLE PAY SCHEDULE (PAPS) FOR FY 2024-2025 BUDGETED POSITIONS AND FY 2024-2025 NEWLY ADDED POSITIONS Recommended Action:

Staff recommends that the City Council adopt Resolution No. 5177-2024 approving the publicly available pay schedule (PAPS) (Attachment A) for FY 2024-2025 with an effective date of July 1, 2024.

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

9. CITY COUNCIL GOALS - 2024-2025
Recommended Action:

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Staff is requesting that Council approve the report as presented and instruct staff to proceed with the goals set by the Council.

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

COUNCIL MEMBER HERNANDEZ
- Said she pulled the item so that information could be provided as to funding and timeline.

FIRE MARSHALL/BUILDING OFFICIAL,
- Spoke of the cost of construction projects.

SPEAKERS:

TIM SILVA, BARSTOW, CALIFORNIA
- Spoke of the goals presented and asked of the status of Los Coyotes Casino.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke of a promise from 1980 regarding street improvements.

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Spoke of the amount of employees in the Park's Department and the amount of funds in Measure Q.

JUSTIN HAMPTON, BARSTOW, CALIFORNIA
- Spoke of issues with homeless in the city and activities for the children.

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

10. AWARD OF COMMUNITY PROMOTIONAL FUNDS FOR FISCAL YEAR 2024-2025 Recommended Action:

Authorize the allocation from the Measure Q Fund towards providing in-kind donations of fee waivers in the amount of $32,523 and cash amount of $29,550 for Fiscal Year 2024-2025.

CITY CLERK SERVICES MANAGER, MARIBEL HERNANDEZ
- Presented the staff report as filed with the City Clerk's office.

DAN VIROG, BARSTOW, CALIFORNIA
- President of the United Way spoke of the services they provide the community.

RENITA WICKES, BARSTOW, CALIFORNIA
- Member of AUSA and Together We Can, spoke of the services they provide to the community and Military Families.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked how the funding is allocated.

PEGGI FRIES, BARSTOW, CALIFIRNA
- Executive Director of Desert Sanctuary asked about the status of her application.

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CATHY WILLIAMS, BARSTOW, CALIFORNIA
- President of Babies So Special spoke of her event in October.

MOTION BY COUNCIL MEMBER ROSE, and SECONDED BY COUNCIL MEMBER HERNANDEZ, to approve and award the four complete applicants as follows:
$3000 Barstow Chamber of Commerce Main Street Car Show
$1050 Mojave Valley Mojave Way Boots & Bling
$1323 Babies So Special Light Up the Night
$3000 Barstow Coalition/Desert Sanctuary Community Resource Fair

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

11. ANNUAL RENEWAL AND REAFFIRMATION OF ASSESSMENT DISTRICT #1 FOR FISCAL YEAR 2024-2025
Recommended Action:

Staff recommends that the City Council take the following actions:

1. Adopt Resolution No. 5178-2024 (Attachment A), thereby approving the Engineer’s Report, and waive the full reading.

2. Adopt Resolution No. 5178-2024, declaring the City’s intention to reaffirm the levy and collection of annual assessment in Fiscal Year 2024/2025 in connection with Landscape Maintenance District No. 1, Street Maintenance District No. 1 Street Lighting Maintenance District No. 1, and Flood Control Maintenance District No. 1 (Attachment B), and waive the full reading.

3. Make Budget Adjustment per the Engineer's Report Attachment 1 "Estimated Revenue and Expenditures", page 9.

RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney, Hernandez
ABSENT: Kruse
DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FROM THE

CONSENT CALENDAR BY THE COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT

THIS TIME)
PUBLIC HEARINGS:

BUSINESS / ACTION ITEMS:

CITY COUNCIL:

12. ADOPTION OF RESOLUTION NO. 5179-2024 ESTABLISHING THE ELIGIBILITY OF THE

CITY OF BARSTOW TO PARTICIPATE IN THE FEDERAL SURPLUS PROPERTY PROGRAM (FSPP)
Recommended Action:

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Staff recommends the City Council adopt Resolution No. 5179-2024 authorizing the City Manager or City Manager Designee the ability to establish eligibility through the Federal Surplus Property Program (FSPP).

FIRE MARSHALL/BUILDING OFFICIAL, CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk’s office.

MAYOR PRO TEM NOBLE
- Glad to see the city partnering to help the community.

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

13. ADOPT RESOLUTION NO. 5080-2024, TO QUITCLAIM THE WEST BARSTOW SUBSTATION

PARCEL TO SOUTHERN CALIFORNIA EDISON
Recommended Action:

Approve the Resolution No. 5180-2024, to Quitclaim the West Barstow Substation Parcel to Southern California Edison.

FIRE MARSHALL/BUILDING OFFICIAL, CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk’s office.

CITY ATTORNEY, MATTHEW SUMMERS
- Said our records indicate the City does not own the land and this is just a process to clean up the records.

RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Rose, Courtney, Hernandez
ABSENT: Kruse
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 HOUR NOTICE MUST BE GIVEN TO THE CITY CLERK.

SPEAKERS:

GILBERT ASA, BARSTOW, CALIFORNIA
- Spoke of sidewalks in the city, and said his rights were violated.

LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Spoke of the issues in the parks and the conditions of the sidewalks.

KENYANDA REDDY, BARSTOW, CALIFORNIA
- Spoke of the issues with homeless youth. Asked for assistance for Mentor Reddy.

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JOHN HARRIS, BARSTOW, CALIFORNIA
- Said he took pictures of potholes in the streets.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke of the positive movement of the Interim City Manager, and asked for clarification of funds.

VIVIAN JORDAN, BARSTOW, CALIFORNIA
- Invited all to attend BowTies for Books Nonprofit Bash event on August 16 at Noble Fitness.

ET SNELL, NEWBERRY, CALIFORNIA
- Spoke of the conditions of the City

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Thanked the Interim City Manager and concerns with MAYOR.COURTNEY’S permits from 2018.

JIM BROWN, BARSTOW, CALIFORNIA
- Spoke of the street cleaner and of the phone on the outside of the Police Department.

VIRGINIA BROWN, BARSTOW, CALIFORNIA
- Concerned about Code Enforcement and a home on Carmen and Mesa Street that is falling down.

STAFF REPORTS:

14. CITY MANAGER'S JUNE 2024 UPDATE
Recommended Action:

Receive and file.

RESULT: PRESENTATION ONLY
BUSINESS OF THE COUNCIL:

COUNCIL MEMBER ROSE
- Homeward Bound meeting is scheduled for August 13th.
- Rules and Policy, continued review of the Council Handbook and scheduled for August 27th

MAYOR PRO TEM
- Attended Military Affairs
- VVTA will be on August 19th in Barstow.
- Will attend JPA meeting for COUNCIL MEMBER KRUSE.

COUNCIL MEMBER HERNANDEZ
- Street Committee Meeting will be at 3pm on August 7th.

COUNCIL COMMENTS:

COUNCIL MEMBER ROSE
- None

MAYOR PRO TEM NOBLE
- Attended the Mayor - Mayor Pro Tem meeting in Victorville - Graduation for the Barstow Police Explorers

COUNCIL MEMBER HERNANDEZ
- Also attended the graduation of the Explorers and asked for staff to address the home on Carmen and Mesa and asked that staff address the issues with Code Enforcement.

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MAYOR COURTNEY
- Attended the event at Dana Park and spoke of the park conditions and glad to hear training for Code Enforcement.

ADJOURNMENT:

By the consensus of the City Council and without objection, the meeting was adjourned at 9:42 P.M.

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

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Attachment: 08.05.2024 Final (5762 : Minutes CC BFPD August 5, 2024 6:00 P.M.) Regular Meeting
09/16/24 05:00 PM
City Clerk / Records
Maribel Hernandez
Other
Doc ID: 5763

AGENDA ITEM
AGENDA MATTER:

MINUTES REGULAR MEETING - AUGUST 19, 2024, AT 6:00 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
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BARSTOW CITY COUNCIL /

BARSTOW FIRE PROTECTION DISTRICT

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
AUGUST 19, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

JOINT SPECIAL MEETING
Minutes-August 19, 2024

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CALL TO ORDER - CLOSED SESSION:

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

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER HERNANDEZ led the Pledge of Allegiance.

ROLL CALL:

Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Absent
Marilyn Dyer Kruse * Council Member Present
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Present
Carmen Hernandez Council Member Present
*COUNCIL MEMBER DYER KRUSE participated remotely under Attorney General Opinion #23-1002 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.

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

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PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK. SPEAKERS:

PUBLIC COMMENT - CLOSED SESSION:

SPEAKERS:

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Spoke in regards to the number of lawsuits.

MOTION TO GO INTO CLOSED SESSION:

RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Rose, Courtney, Hernandez
ABSENT: Noble, Kruse
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: 4
REPORT OF CLOSED SESSION:

CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider four items regarding potential of litigation.

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

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

ROLL CALL:

Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Absent
Marilyn Dyer Kruse Council Member Absent
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Present
Carmen Hernandez Council Member Present
INVOCATION:

JUN SAVOIE with DESERT FIRE WORLD MINISTRIES gave the invocation.

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PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER HERNANDEZ led the Pledge of Allegiance.

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

ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HANDING IT TO THE CITY CLERK. 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
COUNCILMEMBER ROSE requested that Item 7 be pulled for discussion.

Motion by COUNCILMEMBER ROSE and seconded by COUNCILMEMBER HERNANDEZ and unanimously carried to approve the agenda pulling item 7 for discussion.

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

2. CALIFORNIA 300 PRESENTATION
Recommended Action:

Presentation only.

MATT MARTELLI, CALIFORNIA 300
- Provided an update on their upcoming event California 300.

SPEAKERS:

RODNEY BRAND JR. BARSTOW, CALIFORNIA
- Spoke of the great things the California 300 brings to the city.

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Inquired about wildlife and the mention of the revenue that this event brings to the city.

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LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Spoke of the local racers and would like for the city to provide support to the event.

RESULT: PRESENTATION ONLY

3. CHEMEHUEVI INDIAN TRIBE PROJECT UPDATE
Recommended Action:

Presentation only.

GLEN LODGE, CHAIRMAN
- Provided an update and their progress.

SPEAKERS:

RODNEY BRAND, BARSTOW, CALIFORNIA
- Spoke of the good things coming to the city.

WILLIAM QUIMBY, BARSTOW, CALIFORNIA
- Thanked staff for the support given to the race and casino project.

TIM SILVA, BARSTOW, CALIFORNIA
- Thanked Tribe for the update given and asked of the timeline for MSA.

ROBERTO OLIVAS, BARSTOW, CALIFORNIA
- Thanked staff for the support of the casino and the jobs it will create.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke of the length of time on bringing the casino.

ANTHONY JOHNSON, LAND OWNER
- Thanked Chairman Lodge for bringing a casino and bringing economic investments and jobs.

KAMBIS MORIDI, LANDOWNER
- Spoke of the reasons there were delays in bringing the casino.

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Inquired about other amenities that are proposed and the revenue that would bring the city.

COUNCIL MEMBER ROSE
- Thanked the Chairman Lodge for the update and all the good it will bring the city.

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 - JULY 1, 2024, AT 6:00 P.M.

Recommended Action:

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Approve minutes as presented.

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

5. MINUTES REGULAR MEETING - JULY 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: Rose, Courtney, Hernandez
ABSENT: Noble, Kruse
ACCOUNTS PAYABLE ALL AGENCIES:

CITY COUNCIL:

6. CORRECTION - ANNUAL RENEWAL AND REAFFIRMATION OF ASSESSMENT DISTRICT #1 FOR FISCAL YEAR 2024-2025
Recommended Action:

Staff recommends that the City Council take the following actions:

1. Adopt Resolution No. 5181-2024 (Attachment A), thereby approving the Engineer’s Report, and waive the full reading.

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

7. FY2023/2024 PROPOSED BUDGET AMENDMENT FOR YEAR-END CLEAN-UP

ADJUSTMENTS
Recommended Action:

Staff recommends the City Council approve the amendments to various funds and accounts in the City's adopted FY2023/2024 Operating and Capital Improvement Budget as outlined in the attached proposed Budget Amendment (Attachment A).

FINANCE DIRECTOR, SYDNEY HARRIS
- Presented the staff report as filed with the City Clerk’s office.

COUNCIL MEMBER ROSE
- Asked if the city is waiting for reimbursements.

FINANCE DIRECTOR, SYDNEY HARRIS
- Said the city is waiting on reimbursement for the bridge project.

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SPEAKERS:

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Inquired about the totals of Measure Q.

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

8. ACCEPTANCE OF THE FY 2021 HOMELAND SECURITY GRANT PROGRAM (HSGP)

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

Recommended Action:

Authorize staff to accept the sub-recipient award of the FY 2021 Homeland Security Grant Program (HSGP) award in the amount of $15,241 and to appropriate funds in the amount of $15,241 to account numbers as follows:

1. FY 2021 Homeland Security Grant Program (HSGP)
a. Expenditure - 217.217.217.07.732
RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Rose, Courtney, Hernandez
ABSENT: Noble, Kruse

9. MEASURE I YEAR-END -UPDATE 2023/2024 REVISED
Recommended Action:

Staff recommends that the City Council take the following actions:

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

2. Direct staff to forward the report to SBCTA.

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

LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Inquired about the totals on the report.

10. RESOLUTION ADOPTING THE 2023-2027 MEASURE I FIVE YEAR CAPITAL IMPROVEMENT

PROGRAM
Recommended Action:

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Staff recommends that the City Council enact the following actions:

1. Approve Resolution No. 5182-2024 adopting the City of Barstow's Measure I Capital Improvement Program for Fiscal Year 2024/2025 through 2028/2029 and waive the full reading.

2. Direct staff to forward a copy of the adopted resolution to SBCTA.

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

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked why this item was not presented to the Street Committee.

11. RESOLUTION TO ADOPT PROJECTS FUNDED BY SB1 FOR FY 2023-2024: THE ROAD

REPAIR AND ACCOUNTABILITY ACT
Recommended Action:

1. Staff recommends that the City Council approve Resolution No. 5183-2024, adopting the projects list (Attachment A) funded by SB 1 and waive the full reading in its entirety.

2. Direct staff to forward the project list and resolution to the California Transportation Committee.

RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Rose, Courtney, Hernandez
ABSENT: Noble, Kruse
DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FROM THE

CONSENT CALENDAR BY THE COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT

THIS TIME)
PUBLIC HEARINGS:

12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW DECLARING A

PROTEST HEARING FOR PROPERTY ABATEMENT COSTS AND PENALTIES FOR AUGUST 19, 2024 AT 7:00 PM
Recommended Action:

Conduct a protest hearing. Subject to testimony received, adopt attached Resolution No. 5176- 2024, making determinations and confirming Assessments and Proceedings for the unpaid nuisance abatement fees, and waive the reading.

CODE ENFORCEMENT, MARISSA UNI
- Presented the staff report as filed with the City Clerk's office.

MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 8:02 P.M.

SPEAKERS:

VIRGINIA BROWN, BARSTOW CALIFORNIA
- Asked if this would continue to address other properties.

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Attachment: 08.19.2024 Final (5763 : Minutes Regular Meeting August 19, 2024 6:00 PM) Minutes-August 19, 2024

Page 8 of 10 ends

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Inquired who Code is allowed to give citations to and what type of training is Code to be given.

CITY ATTORNEY, MATTHEW SUMMERS
- Responded to question that members of the public can’t cite the City but can report the issue and council can direct staff to fix the issue.

MAYOR COURTNEY CLOSED THE PUBLIC EARING AT 8:07 P.M.

RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Rose, Courtney, Hernandez
ABSENT: Noble, Kruse
BUSINESS / ACTION ITEMS:

CITY COUNCIL:

13. A RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY

FOR LOCAL ROADWAY SAFETY PLAN (LRSP) FUNDING
Recommended Action:

Staff recommends the City Council take the following actions:

1. Waive the reading in full.

2. Adopt Resolution No. 5184-2024 authorizing the City Manager to execute the Master Agreement and Program Supplemental Agreement that must be executed on behalf of the City as part of the California Department of Transportation's funding process.

3. Authorize the revenue budget for the LRSP Grant for $72,000 in the Reimbursable Grant Fund, account number 217.217.116.672.

4. Appropriate $72,000.00 to the Reimbursable Grant Fund, as expenditure in account number 217.217.217.07.745. Appropriate the required City match of $8,000 from available funds in the Local Transportation Fund (LTF), account number 235.235.235.07.745.

FIRE MARSHALL/BUILDING OFFICIAL, CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk’s office.

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

14. ADOPTION OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BARSTOW FIRE

PROTECTION DISTRICT REQUESTING THE SAN BERNARDINO COUNTY LOCAL AGENCY

FORMATION COMMISSION INITIATE PROCEEDINGS FOR ANNEXATION OF THE BARSTOW WASTEWATER TREATMENT PLANT, AND FINDING CEQA EXEMPTION (14 CCR 15320).

Recommended Action:

It is recommended by staff that the Board of Directors approve the attached BFPD Resolution No.

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Attachment: 08.19.2024 Final (5763 : Minutes Regular Meeting August 19, 2024 6:00 PM) Minutes-August 19, 2024

Page 9 of 10 ends

73-2024 making the necessary findings.

Attachments:

1. Exhibit A: Map of Proposed Annexation

2. Exhibit B: BFPD Resolution No. 73-2024

3. Exhibit C: Application and Preliminary Environmental Description

4. Exhibit D: Supplement Annexation, Detachment, Reorganization Proposals

5. Exhibit E: Plan for Service

6. Exhibit F: Fiscal Impact Analysis

MATTHEW SUMMERS
- Presented the item as filed with the City Clerk's office.

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

TIM SILVA, BARSTOW, CALIFORNIA
- Spoke of the landscape issues on Borrego and Rimrock

VIVIAN JORDAN, BARSTOW, CALIFORNIA
- Spoke of issues around the city.

PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Asked what the city is doing for the children.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke of the members on MEASURE Q Committee

JIM BROWN, BARSTOW, CALIFORNIA
- Spoke of the jobs coming from the BIG project.

VIRGINIA BROWN, BARSTOW CALIFORNIA
- Asked about the Interim City Manager's update regarding Environmental Justice.

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Spoke about the things he said and his intentions.

STAFF REPORTS:

15. CITY MANAGER'S JULY 2024 UPDATE
Recommended Action:

Receive and file.

INTERIM CITY MANAGER, ANDREW ESPINOZA
- Said staff is working on a Strategic Plan for Measure Q and meeting will be on August 27th.

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Attachment: 08.19.2024 Final (5763 : Minutes Regular Meeting August 19, 2024 6:00 PM) Minutes-August 19, 2024

Page 10 of 10 ends

RESULT: PRESENTATION ONLY
COUNCIL COMMITTEE REPORTS:

COUNCIL MEMBER ROSE
- Homeward Bound - Dark in August
- Asked for a Motion to add the Community Promotional Fund Policy to the August 27th Rules and Policy Meeting, Seconded by COUNCIL MEMBER HERNANDEZ.

COUNCIL MEMBER HERNANDEZ
- Attended the SBCTA Metro Meeting
- And the Street Committee on August 7th

MAYOR COURTNEY
- Spoke of the funding given to Barstow Non Profits for housing individuals.

BUSINESS OF THE COUNCIL:

COUNCIL MEMBER ROSE
- Asked for the update on the bridge
- Asked for a Motion to bring the remainder of the applicants for the Community Promotional Funds that are completed to the next meeting, Seconded by COUNCIL MEMBER HERNANDEZ.

COUNCIL MEMBER HERNANDEZ
- Asked that the issues with the branches be addressed
- Agreed that an emergency plan is needed for Riverside Drive.

MAYOR COURTNEY
- Spoke of on-going issues.

COUNCIL MEMBER ROSE LEFT THE MEETING AT 9:14 PM.

CITY ATTORNEY, MATTHEW SUMMERS
- Announced with COUNCILMEMBER ROSE departure the meeting lost quorum and must adjourn.

ADJOURNMENT:

Meeting was adjourned at 9:15 P.M. due to lack of quorum.

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

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Attachment: 08.19.2024 Final (5763 : Minutes Regular Meeting August 19, 2024 6:00 PM) Regular Meeting
09/16/24 05:00 PM
Engineering
Fidel Martinez
Contract
Doc ID: 5747

AGENDA ITEM
AGENDA MATTER:

FINAL ACCEPTANCE OF MOJAVE RIVER VALLEY MUSEUM ROOF RECONSTRUCTION PROJECT EXECUTIVE SUMMARY:

That Council approve the final acceptance of Mojave River Valley Museum Roof Reconstruction Project by filing the attached Notice of Completion.

DISCUSSION:

As part of the CDBG Construction Projects requirements, the City is obligated to submit a Notice of Completion to the San Bernardino County Recorder. Staff is requesting the City Council's approval for the project's Final Acceptance and authorization to file the necessary Notice of Completion with the Recorder.

Upon reviewing all project-related expenses, it has been determined that the total construction costs were below budget, amounting to $28,600.

FISCAL IMPACT:

No direct fiscal impact to City of Barstow as the project was completed utilizing CDBG funding.

RECOMMENDED ACTION:

Staff recommends that the City Council take the following actions:

1. Approve final acceptance for the Mojave River Valley Museum Roof Replacement Project #2022-05 (CDH Project Number BARS-21-1-03Z/0238)

2. Authorize staff to file the attached Notice of Completion 8 Packet Pg. 35
RECORDING REQUESTED BY:

Maribel Hernandez
City Clerk
City of Barstow
220 E. Mountain View Street
Barstow, CA 92311
RECORDER:

Record without fee subject to Govt. Code 6103
Recordation required to complete chain of title.

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City Council of the City of Barstow, California, owner, a municipal corporation, whose address is 220 East Mountain View Street, Barstow, California, states that a work of improvement upon the hereinafter described property was completed on the 13th day of August, 2024; that the name of the contractor for such improvement is Red Castle Construction Inc.; that the work of improvement was completed and is situated in the City of Barstow, County of San Bernardino, State of California, and is described as follows:

Mojave River Valley Museum Roofing Project
CBDG Project #: BARS-21-1-03Z/0238
Project Number 2022-05

CITY OF BARSTOW
By:

Dated: ____________ Paul Anthony Courtney, Mayor

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO ) SS

CITY OF BARSTOW )
Paul Anthony Courtney, being duly sworn, says that he is the Mayor of the City of Barstow and that he executed the foregoing Notice of Completion; that he makes this verification on behalf of the City of Barstow, California, a municipal corporation; that he has read said notice and knows the contents thereof, and that the facts stated herein are true.

_________________________
Paul Anthony Courtney, Mayor
Subscribed and sworn before me
this 16th day of September, 2024.

Maribel Hernandez
City Clerk, City of Barstow
I hereby certify under penalty of
perjury that the foregoing is true and
correct. Executed this 16th day of
September, 2024 at Barstow,
California.

Paul Anthony Courtney
Mayor, City of Barstow

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Attachment: Notice of Completion Mojave River Valley Museum Roofing Project (5747 : Final Acceptance of the Mojave River Valley Museum -

8.a
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Attachment: Notice of Completion Mojave River Valley Museum Roofing Project (5747 : Final Acceptance of the Mojave River Valley Museum - Regular Meeting
09/16/24 05:00 PM
Engineering
Fidel Martinez
Contract
Doc ID: 5749

AGENDA ITEM
AGENDA MATTER:

APPROVAL TO REALLOCATE CDBG UNPROGRAMMED FUNDS FOR NORTH BARSTOW ADA

INFRASTRUCTURE IMPROVEMENTS
EXECUTIVE SUMMARY:

The project has been completed, and while the County has issued a notice to proceed, the City must obtain Council approval to reallocate unprogrammed funds.

DISCUSSION:

During the City Council meeting on February 22, 2022, a decision was made to allocate CDBG funding for infrastructure enhancements to address ADA barriers in Barstow City. The project was publicly announced on February 16, 2024, with a deadline for submissions set for March 13, 2024, at 2:00 pm.

A single eligible bid was received and was thoroughly reviewed and approved by Project Manager, Jim Merrell of Merrell Johnson.

The bid was also assessed by CDBG, and a Letter of Approval to Proceed with the award of the contract has been issued by the County.

TSR Construction and Inspection: $356,113
During construction, additional locations were found to be non-compliant and posing a significant risk and hazard to pedestrians. These locations were identified by City Staff. Additional funding was required to complete the restoration of the hazardous pathways. City Staff is requesting $261,675 of un-programmed CBDG funds to be allocated to Project BARS-22-1-03K/0260.

FISCAL IMPACT:

None- As project is supported with CDBG Funding.

RECOMMENDED ACTION:

Staff Recommends that the City Council take the following actions:

1. Approve the allocation of CBDG un-programmed funds and a project budget increase in the amount of $261,675 and approve the increase of the total contract amount to $542,515 9 Packet Pg. 38

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Attachment: 23-24 ATP Award Con BARS-22-1-03K.0260 (5749 : Reallocation of CDBG Unprogrammed Funds for North Barstow ADA

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Attachment: 23-24 ATP Award Con BARS-22-1-03K.0260 (5749 : Reallocation of CDBG Unprogrammed Funds for North Barstow ADA Regular Meeting
09/16/24 05:00 PM
Building
Christopher Heldreth
Resolution
Doc ID: 5752

COUNCIL RESOLUTION
AGENDA MATTER:

RESOLUTION NO. XXXX-2024 TEMPORARILY CLOSING CERTAIN STREETS WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH SECTION 21101(E) OF THE CALIFORNIA VEHICLE CODE FOR

THE MARDI GRAS PARADE
EXECUTIVE SUMMARY:

The annual Mardi Gras Parade is scheduled for Saturday, October 19, 2024. The Kiwanis Club of Barstow Crossroads is responsible for organizing the parade and is requesting to close certain streets within the City of Barstow as has been done in the past for the conduct of the annual Mardi Gras Parade.

The costs of Public Works and Police services are included in Fiscal Year 2024/2025 adopted budget.

DISCUSSION:

The Kiwanis Club of Barstow Crossroads is responsible for organizing the annual Mardi Gras Parade and is requesting the closure of certain streets within the City of Barstow to conduct the parade, which is scheduled for Saturday, October 19, 2024. Kiwanis has also requested the use of the parking lot on the north side of E. Williams Street between Barstow Road and Second Avenue as a staging area for the parade.

The cost of providing the requested street closure services, including placement of the required barricades, use of City equipment, and police security services, is approximately $27,385.25 and allocated as follows.

Public Works $ 17,885.25
Police Department $ 9,500.00
Total $ 27,385.25
During the regular Council meeting on September 16, 2024, the City Council will be reviewing the Community Promotional Fund Application submitted by the Kiwanis Club of Barstow Crossroads requesting funds for traffic control and associated street closure costs associated with this event.

FISCAL IMPACT:

Funds in the amount of $27,385.25 for this event would be included in the Fiscal Year 2024/2025 Budget, Account No.102.150.542.07.755 (Measure Q).

RECOMMENDED ACTION:

Adopt Resolution No. XXXX-2024 temporarily closing certain streets within the City of Barstow in accordance with Section 21101(E) of the California Vehicle Code - Kiwanis Mardi Gras Parade), in which funds, if approved during the September 16, 2024 regular Council meeting, would be appropriated in FY 2024/2025 from account number 102.150.542.07.755, and waive the full reading. 10 Packet Pg. 41
Resolution No. 5143-2023 1
RESOLUTION NO. XXXX-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW

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

GRAS PARADE
WHEREAS, California Vehicle Code Section 21101(e) authorizes the City Council to adopt regulations temporarily closing a portion of any street for celebrations, parades, local special events, and other purposes, when in the opinion of the local authority having jurisdiction, such closure is necessary for the safety and protection of persons who are to use that portion of any street during the temporary closure, and;
WHEREAS, the City Council does hereby find that the temporary closure of certain streets within the City of Barstow for the annual Mardi Gras Parade is in the community interest; and
WHEREAS, the City Council of the City of Barstow, having considered all evidence, testimony, and related information presented in public at the regularly scheduled meeting of September 16, 2024, does hereby find as follows:

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

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

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

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

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

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

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Attachment: Resolution - Mardi Gras Street Closure (5752 : Resolution Temporarily Closing Certain Streets Within the City of Barstow for the Resolution No. 5143-2023 2
NOW, THEREFORE, BE IT RESOLVED THAT:

1. The City Council of the City of Barstow hereby authorizes the closure of the following streets within the City of Barstow on Saturday, October 19, 2024:
a. Barstow Road from Mt. View to Main Street, commencing at 3:00 p.m.
b. Pioneer Street at Barstow Road, commencing at 3:00 p.m. c. Buena Vista at Barstow Road, commencing at 3:00 p.m. d. Fredricks Street at Barstow Road, commencing at 3:00 p.m. e. Williams Street at Barstow Road, commencing at 3:00 p.m. f. Williams Street from Barstow Road to Second Ave, commencing at 3:00 p.m.
g. Second Avenue from Williams Street to Main Street, commencing at 3:00 p.m.
h. Main Street from First Street to Barstow Road, commencing at 3:00 p.m.
i. Main Street from Barstow Road to Eastgate Road, commencing at 5:00 p.m.
j. Third Street at Main Street, commencing at 5:00 p.m. k. North Muriel Drive at Main Street, commencing at 5:00 p.m. l. Sixth Street from Main Street to Williams Street, commencing at 5:00 p.m.
m. Seventh Street from Main Street to Williams Street, commencing at 5:00 p.m.
n. Muriel from Main Street to Williams Street, commencing at 5:00 p.m.
o. Yucca Street at Main Street, commencing at 5:00 p.m. p. Mountain View at Main Street, commencing at 5:00 p.m. q. Eastgate Road at Main Street, commencing at 5:00 p.m. r. Coolwater Lane from East Main Street to Roberta, commencing at 5:00 p.m.
s. Fifth Street from Main Street to Clark Street, commencing at 5:00 p.m.
t. Sixth Street from Main Street to Clark Street, commencing at 5:00 p.m.
u. Seventh Street from Main Street to Clark Street, commencing at 5:00 p.m.

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

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Attachment: Resolution - Mardi Gras Street Closure (5752 : Resolution Temporarily Closing Certain Streets Within the City of Barstow for the Resolution No. 5143-2023 3

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

4. The City Council does hereby authorize the Director of Public Safety to reopen such streets following the completion of the Mardi Gras Parade, but in no case later than 11:00 p.m., Saturday, October 19, 2024.

PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF SEPTEMBER 2024.
_______________________________
Paul Anthony Courtney, Dr.B.A., Mayor
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. XXXX-2024 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 16th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT/VACANT:

ABSTAIN:
________________________________
Andrea Flores, City Clerk

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Packet Pg. 44
Attachment: Resolution - Mardi Gras Street Closure (5752 : Resolution Temporarily Closing Certain Streets Within the City of Barstow for the Regular Meeting
09/16/24 05:00 PM
Building
Christopher Heldreth
Resolution
Doc ID: 5751

COUNCIL RESOLUTION
AGENDA MATTER:

RESOLUTION AUTHORIZING THE STREET CLOSURE FOR THE ARTS AND CULTURAL DISTRICT FESTIVAL EVENT ON OCTOBER 12, 2024.

EXECUTIVE SUMMARY:

City Council to adopt Resolution No. ____ - 2024, approving the Request for Street Closure for the Arts and Cultural District Festival on October 12, 2024.

DISCUSSION:

The Arts and Cultural District Festival event organizers are requesting a street closure of Cozy Ln from the west side of the driveway of 1st Avenue to the alleyway behind 201 N 1st Avenue on October 12, 2024, from 7:00 a.m. to 9:00 p.m.

The organizers are conducting traffic control internally.

There will be no costs associated with this event that will fiscally impact the City of Barstow.

FISCAL IMPACT:

No fiscal impact to the City of Barstow.

RECOMMENDED ACTION:

Adopt Resolution No. ____ -2024, approving the Street Closure and Statement of Findings for the Arts and Cultural District Festival Event on October 12, 2024, and to waive the reading. 11 Packet Pg. 45
City Council Resolution No. 5137-2023 1
RESOLUTION NO. XXXX- 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BARSTOW, AUTHORIZING THE STREET CLOSURE WITHIN

THE CITY OF BARSTOW IN ACCORDANCE WITH SECTION
21101(E) OF THE CALIFORNIA VEHICLE CODE FOR THE
ARTS AND CULTURAL DISTRICT FESTIVAL.

WHEREAS, Section 21101(e) of the California Vehicle Code (CVC) authorizes the City Council to adopt regulations temporarily closing a portion of any street for the celebration, parades, local special events, and other purposes, when in the opinion of the local authority having jurisdiction, such closure is necessary for the safety and protection of persons who are to use that portion of street during the temporary closure, and WHEREAS, the applicable governing body in the City of Barstow is the City Council of the City of Barstow and the applicable law enforcement agency in the City of Barstow is the Barstow Police Department; and
WHEREAS, The City Council of the City of Barstow does hereby find that the temporary closure of certain streets within the City of Barstow for the proposed Arts and Cultural District Festival Event is in the interest of the community.

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

1. The City Council of the City of Barstow hereby authorize the closure of the following street within the City of Barstow on Saturday, October 12, 2024, commencing at 0700 hours and ending at 2100 hours.
 Cozy Lane from the west side of the driveway of 1st Avenue to the alleyway behind 201 N 1st Avenue.

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

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

4. The City Council does hereby authorize the Chief of Police or designated representative to reopen such streets following completion of the Arts and Cultural District Festival Event, but in no case later than 2100 hours.

PASSED, APPROVED AND ADOPTED this 16th day of September, 2024.

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Attachment: Resolution - Arts & Cultural District Festival Street Closure (5751 : Resolution Authorizing the Street Closure for the Arts and City Council Resolution No. 5137-2023 2
_______________________________
Paul Anthony Courtney, Dr.B.A., Mayor
_______________________________
Andrea Flores, City Clerk
ATTEST:

I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the City Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No. XXXX-2024, was adopted by said City Council at a regular meeting held on the 16th day of September, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Andrea Flores, City Clerk

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Attachment: Resolution - Arts & Cultural District Festival Street Closure (5751 : Resolution Authorizing the Street Closure for the Arts and Regular Meeting
09/16/24 05:00 PM
Building
Christopher Heldreth
Resolution
Doc ID: 5756

COUNCIL RESOLUTION
AGENDA MATTER:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW TEMPORARILY CLOSING

CERTAIN STREETS WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH CALIFORNIA VEHICLE CODE SECTION 21101(E) FOR THE MAIN STREET USA FESTIVAL.

EXECUTIVE SUMMARY:

City Council to adopt Resolution No. XXXX-2024, approving the Request for Street Closure for the Main Street USA Festival on October 12, 2024.

DISCUSSION:

The Main Street USA Festival event organizers are requesting a street closure of East Main Street from Barstow Road to First Avenue, between East Main Street and Clark Street on October 12, 2024 from 5:30 a.m. to 5:00 p.m.

The cost of providing the requested street closure services, including employee labor, traffic control devices, and use of City equipment is approximately $3,204.27 and allocated as follows.

Employee Labor $ 1,519.15
Equipment Rate $ 677,40
Traffic Control Devices $ 1,007.72
Total $ 3,204.27
During the regular Council meeting on August 5, 2024, the City Council approved the Community Promotional Fund Application submitted by the Barstow Chamber of Commerce requesting funds for traffic control and associated street closure costs associated with this event.

FISCAL IMPACT:

Funds in the amount of $3,204.27 for this event are included in the Fiscal Year 2024/2024 Budget, Account No. 102.150.541.07.755 (Measure Q).

RECOMMENDED ACTION:

Adopt Resolution No. XXXX-2024, temporarily closing certain streets within the City of Barstow in accordance with California Vehicle Code Section 21101(e) for the Main Street USA Car Show, and waive the full reading.
12 Packet Pg. 48
Resolution No. 5143-2023 1
RESOLUTION NO. XXXX-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW

TEMPORARILY CLOSING CERTAIN STREETS WITHIN THE CITY OF
BARSTOW IN ACCORDANCE WITH SECTION 21101(E) OF THE CALIFORNIA VEHICLE CODE –MAIN STREET USA FESTIVAL
WHEREAS, California Vehicle Code Section 21101(e) authorizes the City Council to adopt regulations temporarily closing a portion of any street for celebrations, parades, local special events, and other purposes, when in the opinion of the local authority having jurisdiction, such closure is necessary for the safety and protection of persons who are to use that portion of any street during the temporary closure, and;
WHEREAS, the City Council does hereby find that the temporary closure of certain streets within the City of Barstow for the annual Main Street USA Festival is in the community interest; and
WHEREAS, the City Council of the City of Barstow, having considered all evidence, testimony, and related information presented in public at the regularly scheduled meeting of September 16, 2024, does hereby find as follows:

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

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

3. That the Main Street USA Festival is not primarily of a religious of sectarian nature.

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

5. That the Barstow Chamber of Commerce will derive no general fund benefit from the Main Street USA Festival.

6. That no monies accruing to the Barstow Chamber of Commerce as a result of the Main Street USA Festival will be used to defray general expenses of the Main Street USA Festival or to compensate any employee and/or volunteer performing services on behalf of Barstow Chamber of Commerce; nor will any benefit accrue to any individual, partnership or corporation associated with the Barstow Chamber of Commerce.

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Attachment: Resolution - Main Street USA Festival Closure (5756 : Resolution Authorizing the Street Closure for the Main Street USA Festival Resolution No. 5143-2023 2
NOW, THEREFORE, BE IT RESOLVED THAT:

1. The City Council of the City of Barstow hereby authorizes the closure of the following streets within the City of Barstow on Saturday, October 12, 2024:
a. East Main Street from Barstow Road to First Avenue, between East Main Street and Clark Street.

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

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

4. The City Council does hereby authorize the Director of Public Safety to reopen such streets following the completion of the Main Street USA Festival, but in no case later than 5:00 p.m., Saturday, October 12, 2024.

PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF SEPTEMBER 2024.
_______________________________
Paul Anthony Courtney, Dr.B.A., Mayor
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. XXXX-2024 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 16th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT/VACANT:

ABSTAIN:

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Attachment: Resolution - Main Street USA Festival Closure (5756 : Resolution Authorizing the Street Closure for the Main Street USA Festival Resolution No. 5143
-2023 3
________________________________
Andrea Flores, City Clerk

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Attachment: Resolution - Main Street USA Festival Closure (5756 : Resolution Authorizing the Street Closure for the Main Street USA Festival Regular Meeting
09/16/24 05:00 PM
City Clerk / Records
Maribel Hernandez
Travel
Doc ID: 5755

AGENDA ITEM
AGENDA MATTER:

APPROVAL OF TRAVEL TO THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN

LONG BEACH, CA
EXECUTIVE SUMMARY:

It is requested that the City Council approve travel to the League of California Cities Annual Conference in Long Beach, CA for Mayor Courtney.

DISCUSSION:

The League of California Cities Annual Conference is scheduled for October 16 - 18, 2024, in Log Beach, CA. It is requested that the City Council approve attendance at this event for Mayor Courtney.

Estimated costs to attend this conference are as follows:

Conference Registration $ 700.00
Travel/Transportation $ 149.00
Parking $ 100.00
Meals $ 200.00
Hotel $ 750.00
TOTAL $ 1906.00
FISCAL IMPACT:

Funds are available in the FY 2024/25 budget from General Fund Account No. 100.110.110.03.322.

RECOMMENDED ACTION:

Approve travel of Mayor Courtney, to Long Beach, CA for the League of California Cites New Mayors and Council Members Academy.
13 Packet Pg. 52

13.a
Packet Pg. 53
Attachment: Mayor Travel (5755 : Approval of Travel for Mayor) Regular Meeting
09/16/24 05:00 PM
City Clerk / Records
Maribel Hernandez
Travel
Doc ID: 5754

AGENDA ITEM
AGENDA MATTER:

APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE LEAGUE OF CALIFORNIA CITIES CITY CLERK WORKSHOP, OCTOBER 16, 2024, IN LONG BEACH, CA EXECUTIVE SUMMARY:

It is requested that the City Council approve travel to the League of California Cities City Clerk Workshop in Long Beach, CA for City Clerk Andrea Flores.

DISCUSSION:

The League of California Cities City Clerk Workshop will be held on September 20, 2023, in Sacramento, CA. This workshop will focus on trends for the November 2024 local and statewide elections, related legislation and case law, and best practices when preparing for the election. It is requested that the City Council approve attendance at this workshop for City Clerk Andrea Flores. The estimated costs to attend this workshop are as follows:

Registration $ 175.00
Travel/Transportation $ 145.00
Meals $ 150.00
Hotel $ 235.42
TOTAL $ 705.42
FISCAL IMPACT:

Funds are available in the FY 2024/25 budget from General Fund Account No. 100.110.132.03.301.

RECOMMENDED ACTION:

Approve travel for City Clerk Andrea Flores to the League of California Cities City Clerk Workshop on October 16, 2024, in Long Beach, CA.
14 Packet Pg. 54
Regular Meeting
09/16/24 05:00 PM
City Clerk / Records
Maribel Hernandez
Other
Doc ID: 5753

AGENDA ITEM
AGENDA MATTER:

DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD OCTOBER 16 - 18, 2024
EXECUTIVE SUMMARY:

A designated voting delegate needs to be chosen to represent the City of Barstow at the 2024 League of California Cities Annual Conference to be held October 16 - 18, 2024 in Long Beach, CA.

DISCUSSION:

The League of California Cities Annual Conference is scheduled for October 16 - 18, 2024 . An important part of the conference is the Annual Business Meeting. At this meeting, the League membership considers and takes action on resolutions that establish League policy.

Consistent with the League of California Cities bylaws and in order to vote at the Annual Business Meeting, a city’s voting delegate, and up to two alternates need to be designated by the City Council. This requirement must be done by City Council action and cannot be accomplished by individual action.

Requirements for the voting delegate are that the delegate and alternate(s) must be registered to attend the conference with at least one being present at the Business Meeting and in possession of the voting card in order to cast a vote for the City. Upon registration, the delegate and alternate(s) will receive special stamps on their ID badges for this purpose.

Mayor Courtney is the appointed representative for the League of Cities, with Mayor Pro Tem Noble being the alternate. Mayor Courtney is the sole member of the Council who has expressed interest in attending and has been registered for the conference. Therefore, it is recommended that the Council officially designate Mayor Courtney as the voting delegate.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Designate Mayor Courtney as the voting delegate for the City of Barstow for the 2024 League of California Cities Annual Conference to be held October 16 - 18, 2024, in Long Beach CA. 15 Packet Pg. 55
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 25, 2024

15.a
Packet Pg. 56
Attachment: 2024 Cal Cities Voting Delegate Information Packet (5753 : Designation of Voting Delegate for the League of Cities Annual For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly

15.a
Packet Pg. 57
Attachment: 2024 Cal Cities Voting Delegate Information Packet (5753 : Designation of Voting Delegate for the League of Cities Annual 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

15.a
Packet Pg. 58
Attachment: 2024 Cal Cities Voting Delegate Information Packet (5753 : Designation of Voting Delegate for the League of Cities Annual Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

15.a
Packet Pg. 59
Attachment: 2024 Cal Cities Voting Delegate Information Packet (5753 : Designation of Voting Delegate for the League of Cities Annual Regular Meeting
09/16/24 05:00 PM
City Clerk / Records
Maribel Hernandez
Community Promotion
Doc ID: 5766

AGENDA ITEM
AGENDA MATTER:

AWARD OF COMMUNITY PROMOTIONAL FUNDS FOR FISCAL YEAR 2024-2025 EXECUTIVE SUMMARY:

The Community Promotional Fund provides funding and resources for community-based organizations, schools and individuals that develop events and programs to meet new and continuing social and economic needs and trends, promote community collaboration, and/or bring recognition to the community.

DISCUSSION:

On April 7, 1997, the Community Promotional Fund Policy was adopted and then updated at the August 19, 2013, City Council meeting. The purpose of this policy is to establish guidelines for funding and supporting events that provide social and economic benefits and/or recognition to the community.

At the June 17, 2024 City Council meeting, the 2024-2025 Budget was adopted which included an $85,000 appropriation from the Measure Q Fund for the Planned Community Promotional Fund. A total of ten applications were received by the submission deadline of July 25, 2024 for Fiscal Year 2024-2025.

In reviewing the ten applications received, staff recommends awarding a total of $32,523 of in-kind donations of fee waivers and a cash donation of $29,550 from the Measure Q Fund.

Attachment A provides a list of organizations and their applications for Fiscal Year 2024-2025.

FISCAL IMPACT:

Measure Q - YTD Community Promotional Fund Account No.102.150.542.07.755 for $36,258 of in-kind donation of fee waivers and cash amount of $8,500.

RECOMMENDED ACTION:

Authorize the award from the Measure Q Fund towards providing in-kind donations of fee waivers, and cash donation as listed in Exhibit “A”.
16 Packet Pg. 60
Cash Amount In-Kind Request Organization Event Council Approval Date Event Date 1 $1,050 Mojave Valley United Way Boots & Bling Monday, August 5, 2024 Saturday, November 2, 2024 $750 Facility Rental $300 Stage
2 $3,000 $3,500 Barstow Chamber of Commerce Main Street USA Car Show Monday, August 5, 2024 Saturday, October 12, 2024 Cost of staff time and equipment for Main St closure
3 $750 Barstow Youth Coalition/Kiwanis Club of Barstow Saturday, September 21, 2024 $750 daily use fee Cora Harper
4 $27,385 Kiwanis Club of Barstow Annual Barstow Mardi Gra Parade 2024 Saturday, October 19, 2024 Parade route street closure
5 $3,000 *See Below Dos Costas Communications New Mexico Chili Cook-Off Saturday, April 5, 2025 Use of Folgesong Park, staff, tables, chairs, power, and water 6 $1,000 $750 Barstow Community Coalition/Desert Sanctuary Inc Community Resource Fair Monday, August 5, 2024 Thursday, June 26, 2025 $750 Use of Cora Harper, setup $1000 Cash requested for food and vendor raffle 7 $1,323 Babies So Special Monday, August 5, 2024 Saturday, October 12, 2024 $500 for park rental fees, $600 for staff, $181 Inspection & $42 Permit Fees 9 $1,500 $1,500 High Desert Chapter of Association of the US Army Taste of the Bayou Mardi Gras Event Saturday, February 15, 2025 $750 daily use fee Cora Harper x 2
$8,500 $36,258
* Staff recommends waive all fees associated with event.

City of Barstow
102.150.542.07.755
Community Promotional Fund Submissions
FY 24-25
EXHIBIT "A" 16.a
Packet Pg. 61
Attachment: CPF Apps 24-25 (5766 : Award of FY 2024-2025 Community Promotional Funds)

16.a
Packet Pg. 62
Attachment: CPF Apps 24-25 (5766 : Award of FY 2024-2025 Community Promotional Funds)

16.b
Packet Pg. 63
Attachment: WINE AUCTION (5766 : Award of FY 2024-2025 Community Promotional Funds)

16.b
Packet Pg. 64
Attachment: WINE AUCTION (5766 : Award of FY 2024-2025 Community Promotional Funds)

16.b
Packet Pg. 65
Attachment: WINE AUCTION (5766 : Award of FY 2024-2025 Community Promotional Funds)

16.c
Packet Pg. 66
Attachment: MARDI PAR (5766 : Award of FY 2024-2025 Community Promotional Funds)

16.c
Packet Pg. 67
Attachment: MARDI PAR (5766 : Award of FY 2024-2025 Community Promotional Funds)

16.d
Packet Pg. 68
Attachment: DOS COSTAS (5766 : Award of FY 2024-2025 Community Promotional Funds)

16.d
Packet Pg. 69
Attachment: DOS COSTAS (5766 : Award of FY 2024-2025 Community Promotional Funds)

16.d
Packet Pg. 70
Attachment: DOS COSTAS (5766 : Award of FY 2024-2025 Community Promotional Funds)

16.d
Packet Pg. 71
Attachment: DOS COSTAS (5766 : Award of FY 2024-2025 Community Promotional Funds)

16.d
Packet Pg. 72
Attachment: DOS COSTAS (5766 : Award of FY 2024-2025 Community Promotional Funds)

16.e
Packet Pg. 73
Attachment: Taste of Bayou (5766 : Award of FY 2024-2025 Community Promotional Funds)

16.e
Packet Pg. 74
Attachment: Taste of Bayou (5766 : Award of FY 2024-2025 Community Promotional Funds)

16.e
Packet Pg. 75
Attachment: Taste of Bayou (5766 : Award of FY 2024-2025 Community Promotional Funds)

16.e
Packet Pg. 76
Attachment: Taste of Bayou (5766 : Award of FY 2024-2025 Community Promotional Funds)

16.e
Packet Pg. 77
Attachment: Taste of Bayou (5766 : Award of FY 2024-2025 Community Promotional Funds) Regular Meeting
09/16/24 05:00 PM
Engineering
Fidel Martinez
Resolution
Doc ID: 5764

AGENDA ITEM
AGENDA MATTER:

RESOLUTION ACCEPTANCE OF ACTIVE TRANSPORTATION PROGRAM GRANT ATP-08-129M AND ATP-5298(037) FOR PEDESTRIAN, BICYCLIST AND SAFETY IMPROVEMENTS EXECUTIVE SUMMARY:

The State of California’s Department of Transportation requires a certified resolution, that authorizes the City Manager to execute a Master Agreement and a Program Supplemental Agreement on behalf of the City of Barstow as part of the California Department of Transportation’s funding process for the Pedestrian, Bicyclist and Safety Improvements Project in the total project amount of approximately $6,406,000.

DISCUSSION:

In May 2024, the city requested an allocation of funds from the Active Transportation Program (ATP) from the California Department of Transportation for the City of Barstow Pedestrian and Bike Paths.

As part of the award process, the City must obtain approval from Council by Resolution.

Below is the list of streets that will be included in this project.

FISCAL IMPACT:

The City of Barstow was awarded $6,406,000 ATP Grant. Potential City Match of approx $3,000,000 if other grants and funding sources are not available for the completion of the project.

RECOMMENDED ACTION:

Staff recommends the City Council take the following actions:

1. Waive the reading in full.

2. Adopt Resolution No. XXXX-2024 authorizing the City Manager to execute the Master Agreement on 17 Packet Pg. 78
Regular Meeting
09/16/24 05:00 PM
Engineering
Fidel Martinez
Resolution
Doc ID: 5764

AGENDA ITEM
behalf of the City as part of the California Department of Transportation's funding process.

3. Authorize the revenue budget for the ATP Grant for $6,406,000 in the Reimbursable Grant Fund.

4. Accept the potential City match of $3,000,000 utilizing available funding sources. 17 Packet Pg. 79
RESOLUTION NO. xxx-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW

AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT ALL

DOCUMENTS WHICH MAY BE NECESSARY AS PART OF THE

CALIFORNIA DEPARTMENT OF TRANSPORTATION FUNDING

PROCESS
WHEREAS, the City of Barstow is eligible to receive Federal and/ or State funding for certain Transportation Projects through the State of California, Department of Transportation and
WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with the California Department of Transportation before such funds could be claimed and WHEREAS, the City of Barstow wishes to delegate authorization to execute these agreements and any amendments thereto to the City Manager and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Barstow authorizes the City Manager to execute Master Agreements, and Program Supplemental Agreements, and any amendments thereto with the State of California, Department of Transportation.

PASSED, APPROVED AND ADOPTED this 16th day of September 2024. ________________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
__________________________
Andrea Flores, City Clerk

17.a
Packet Pg. 80
Attachment: RESO XXX-2024 CA DEP OF TRANSPORTATION (5764 : Acceptance of State of CA Department of Trasportation Funds Active I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. xxxx-2024 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 16th day of September 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Andrea Flores, City Clerk
Resolution No. XXXX-2024 2

17.a
Packet Pg. 81
Attachment: RESO XXX-2024 CA DEP OF TRANSPORTATION (5764 : Acceptance of State of CA Department of Trasportation Funds Active 08 City of Barstow
-------- ---------------------------------------------- District Administering Agency
Agreement No. 08-5298S21
This AGREEMENT, is entered into effective this _______ day of __________, 20___, by and between the City of Barstow, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:

1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and

2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and

3. WHEREAS, said PROJECT will not receive any federal funds; and

4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.

NOW, THEREFORE, the PARTIES agree as follows:

MASTER AGREEMENT

ADMINISTERING AGENCY-STATE AGREEMENT

STATE-FUNDED PROJECTS

Page 1 of 15 ends

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Attachment: 08-5298S21_City of Barstow unsigned (5764 : Acceptance of State of CA Department of Trasportation Funds Active Transportation Program (

ARTICLE I - PROJECT ADMINISTRATION

1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY.

2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.

3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.

5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.

6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT.

7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.

8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA).

9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration.

Page 2 of 15 ends

17.b
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Attachment: 08-5298S21_City of Barstow unsigned (5764 : Acceptance of State of CA Department of Trasportation Funds Active Transportation Program (

10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities.

11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work.

12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT.

13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual.

14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which affects STATE facilities.

15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.

16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a

Page 3 of 15 ends

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Attachment: 08-5298S21_City of Barstow unsigned (5764 : Acceptance of State of CA Department of Trasportation Funds Active Transportation Program ( fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT.

18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts.

19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT.

20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award.

21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual.

22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA.

23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.

24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY.

ARTICLE II - RIGHTS-OF-WAY

1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract.

2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures of capital and support to purchase all real property required for

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Attachment: 08-5298S21_City of Barstow unsigned (5764 : Acceptance of State of CA Department of Trasportation Funds Active Transportation Program ( PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT.
(c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. (d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal. (f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.

3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.

ARTICLE III - MAINTENANCE AND MANAGEMENT

1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide.

With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.

2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not

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Attachment: 08-5298S21_City of Barstow unsigned (5764 : Acceptance of State of CA Department of Trasportation Funds Active Transportation Program ( being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.

3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.

4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards.

ARTICLE IV - FISCAL PROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC.

2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter.

3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a sixmonth period

4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included.

5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY.

7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of

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ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE.

8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter.

10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.

11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.

12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.

13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.

14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.

15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess of CalHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.

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16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.

17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments. ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.

18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.

19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.

20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.

21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

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22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.

ARTICLE V

AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS

1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.

2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.

3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.

5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for AE Consultant Contracts.

6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335- 10381 for other professional service contracts.

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7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.

8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.

9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries.

ARTICLE VI - MISCELLANEOUS PROVISIONS

1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.

2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT.

3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.

5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.

6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.

7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

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8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.

9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.

10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.

11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.

13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.

14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.

15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or

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Attachment: 08-5298S21_City of Barstow unsigned (5764 : Acceptance of State of CA Department of Trasportation Funds Active Transportation Program ( jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.

17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.

18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.

19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.

20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.

21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.

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City of Barstow
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
________________________________
Chief, Office of Project Management ________________________________ Oversight
Division of Local Assistance
Representative Name & Title
(Authorized Governing Body
Representative)
By______________________________ By______________________________ Date______________________________ Date______________________________ ________________________________

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EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement

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Attachment: 08-5298S21_City of Barstow unsigned (5764 : Acceptance of State of CA Department of Trasportation Funds Active Transportation Program ( Regular Meeting
09/16/24 05:00 PM
City Clerk / Records
Maribel Hernandez
Resolution
Doc ID: 5759

AGENDA ITEM
AGENDA MATTER:

RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR

ACCEPTANCE OF STATE OF CA DEPARTMENT OF TRANSPORTATION FUNDS EXECUTIVE SUMMARY:

The State of California’s Department of Transportation requires a certified resolution, that authorizes the City Manager to execute a Master Agreement and a Program Supplemental Agreement on behalf of the City of Barstow as part of the California Department of Transportation’s funding process for the Pedestrian and Bike Path project in the amount of $622,000.

DISCUSSION:

In May 2024, the city requested an allocation of funds from the Active Transportation Program (ATP) from the California Department of Transportation for the City of Barstow Pedestrian and Bike Paths.

At their June 28, 2024 meeting, the California Transportation Commission (CTC) allocated funding in the amount of $622,000.

As part of the award process, the City must obtain approval from Council by Resolution. Once the award of contract is completed, the City will have 36 months to complete the construction project.

Below is the list of streets that will be included in this project.

FISCAL IMPACT:

The City of Barstow was awarded $622,000, and there is no match requirement.

RECOMMENDED ACTION:

Staff recommends the City Council take the following actions:
18 Packet Pg. 97
Regular Meeting
09/16/24 05:00 PM
City Clerk / Records
Maribel Hernandez
Resolution
Doc ID: 5759

AGENDA ITEM

1. Waive the reading in full.

2. Adopt Resolution No. XXXX-2024 authorizing the City Manager to execute the Master Agreement and Program Supplemental Agreement that must be executed on behalf of the City as part of the California Department of Transportation's funding process.

3. Authorize the revenue budget for the ATP Grant for $622,000 in the Reimbursable Grant Fund. 18 Packet Pg. 98
RESOLUTION NO. xxx-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW

AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT ALL

DOCUMENTS WHICH MAY BE NECESSARY AS PART OF THE

CALIFORNIA DEPARTMENT OF TRANSPORTATION FUNDING

PROCESS
WHEREAS, the City of Barstow is eligible to receive Federal and/ or State funding for certain Transportation Projects through the State of California, Department of Transportation and
WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with the California Department of Transportation before such funds could be claimed and WHEREAS, the City of Barstow wishes to delegate authorization to execute these agreements and any amendments thereto to the City Manager and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Barstow authorizes the City Manager to execute Master Agreements, and Program Supplemental Agreements, and any amendments thereto with the State of California, Department of Transportation.

PASSED, APPROVED AND ADOPTED this 16th day of September 2024. ________________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
__________________________
Andrea Flores, City Clerk

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Packet Pg. 99
Attachment: RESO XXX-2024 CA DEP OF TRANSPORTATION (5759 : Acceptance of State of CA Department of Trasportation Funds) I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. xxxx-2024 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 16th day of September 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Andrea Flores, City Clerk
Resolution No. XXXX-2024 2

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Packet Pg. 100 Attachment: RESO XXX-2024 CA DEP OF TRANSPORTATION (5759 : Acceptance of State of CA Department of Trasportation Funds)

18.b
Packet Pg. 101 Attachment: 5298037 R1 ALLOC (5759 : Acceptance of State of CA Department of Trasportation Funds)

18.b
Packet Pg. 102 Attachment: 5298037 R1 ALLOC (5759 : Acceptance of State of CA Department of Trasportation Funds)

18.b
Packet Pg. 103 Attachment: 5298037 R1 ALLOC (5759 : Acceptance of State of CA Department of Trasportation Funds) Amount by
Fund Type
CTC Financial Vote List June 27-28, 2024
Project #
Allocation Amount
Recipient

RTPA/CTC
District-County
Project Title
Location
Project Description
PPNO
Program/Year
Phase
Prgm'd Amount
Project ID
Budget Year
Item #
Fund Type
Program Code

2.5 Highway Financial Matters

2.5w.(1) Resolution FATP-2324-35 Locally-Administered Active Transportation Program Projects Off the State Highway System
$622,000
City of Barstow
SBCTA
08-San Bernardino
Pedestrian, bicyclist, and Safety Improvements. The project is located in the City of Barstow along Main Street, Avenue H, Avenue A, Buena Vista Street, Seventh Avenue, Muriel Drive, Virginia Way, Helen Runyon Drive, Lillian Drive, Forane Street and Mayor Kity Parkway. The project includes pedestrian, bicyclist, and safety Improvement; reduces stresses along highvolume corridors through the implementation of bicycle/pedestrian measures and safety improvements.

MPO
Outcome/Outputs: Install 56,512 feet of Class II bike lanes, 36,834 feet of Class III bike lanes, 1,970 feet of Class IV bike lanes, 2 rectangular rapid flashing beacons, 75 new crosswalks and 8 speed feedback signs. Construct 4,897 feet of new sidewalk, 6 new curb ramps, and 140 curb extensions.
08-1296
ATP/23-24
PA&ED
$622,000
0824000225
2023-24
108-3290 RMRA $622,000

20.30.720.100
29 $391,000
City of Montclair
SBCTA
08-San Bernardino
Montclair SRTS Implementation Project. In the City of
Monclair at adjacent public schools: 1) Montclair High School; 2) Montera Elementary; and 3) Monte Vista Elementary School.

Installation and/or enhancement of sidewalks, bike lanes/ routes, crosswalks, ADA curbs, signage, and traffic control signage impacting three adjacent schools in the City.

MPO
Outcome/Outputs: Construct 17,422 feet of new sidewalk and 46 new curb ramp improvements, reconstruct 24 curb ramp improvements, and install 800 feet of Class II bike lane, 16 pedestrian signals, 13 rectangular rapid flashing beacons, 4 intersection control beacons, 3 pedestrian hybrid beacons, 94 crossing surface improvements and 7,100 feet of roadway lighting.

CEQA - CE, 03/05/2024
PPNO 1305A is the infrastructure component to PPNO 1305B 08-1305A
ATP/23-24
PS&E
$391,000
0824000043
2023-24
108-3290 RMRA $391,000

20.30.720.100
30 18.b
Packet Pg. 104 Attachment: 5298037 R1 ALLOC (5759 : Acceptance of State of CA Department of Trasportation Funds) CTC MEETING ACTION TAKEN REPORT / REVISED ESTIMATED TIMED AGENDA June 27-28, 2024 Office of CTC Liaison Page 44 of 63 As of: July 10, 2024 Division of Financial Programming
Note: This document was prepared by the Department, following the California Transportation Commission meeting, and is a reflection of the Department's interpretation of actions taken by the Commission Local Transportation Climate Adaptation Program (LTCAP) Allocation Tab Item Description Ref# Presenter Status Type* Agency* 137 Request of $1,770,000 for the locally-administered
LTCAP Roe Road Phase 2 project, off the State
Highway System, in Butte County. (PPNO 3890)
Resolution LTCAP-A-2324-05
June 28, 2024 – Day 2 – 03:28:04

2.5p.(1) Rebecca Light
Dee Lam
Approved. A D
Active Transportation Program (ATP) Allocations
Tab Item Description Ref# Presenter Status Type* Agency* 138 Request of $64,343,000 $39,343,000 for 42 41
locally-administered ATP projects, off the State
Highway System.

Resolution FATP-2324-35
(Related Items under Ref. 2.8a.(15) and 2.8a.(16))
Project 5 – PPNO 2361 – Alameda County –
$25,000,000 – Withdrawn prior to the CTC meeting
(Change List – In the Book Item Memorandum –
revisions to the requested amount and the number of
projects)
June 28, 2024 – Day 2 – 03:28:04

2.5w.(1) Beverley NewmanBurckhard
Dee Lam
Approved. A D
139 Request of $447,000 for the State-Administered ATP
Gualala Downtown Streetscape Enhancement
Project, on the State Highway System, in Mendocino
County. (PPNO 4579)
Resolution FATP-2324-36
June 28, 2024 – Day 2 – 03:28:04

2.5w.(4) Beverley NewmanBurckhard
James R. Anderson
Approved. A D
ATP – Advance Allocations
Tab Item Description Ref# Presenter Status Type* Agency* 140 Request of $9,320,000 for six locally-administered
ATP projects, off the State Highway System,
programmed in Fiscal Year 2024-25.

Resolution FATP-2324-37
June 28, 2024 – Day 2 – 03:28:04

2.5w.(2) Beverley NewmanBurckhard
Dee Lam
Approved. A D
Day 2
Day 2

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Packet Pg. 105 Attachment: 5298037 R1 ALLOC (5759 : Acceptance of State of CA Department of Trasportation Funds) 08 City of Barstow
-------- ---------------------------------------------- District Administering Agency
Agreement No. 08-5298S21
This AGREEMENT, is entered into effective this _______ day of __________, 20___, by and between the City of Barstow, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:

1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and

2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and

3. WHEREAS, said PROJECT will not receive any federal funds; and

4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.

NOW, THEREFORE, the PARTIES agree as follows:

MASTER AGREEMENT

ADMINISTERING AGENCY-STATE AGREEMENT

STATE-FUNDED PROJECTS

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Packet Pg. 106 Attachment: 08-5298S21_City of Barstow unsigned (5759 : Acceptance of State of CA Department of Trasportation Funds)

ARTICLE I - PROJECT ADMINISTRATION

1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY.

2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.

3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.

5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.

6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT.

7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.

8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA).

9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration.

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Packet Pg. 107 Attachment: 08-5298S21_City of Barstow unsigned (5759 : Acceptance of State of CA Department of Trasportation Funds)

10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities.

11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work.

12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT.

13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual.

14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which affects STATE facilities.

15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.

16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a

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Packet Pg. 108 Attachment: 08-5298S21_City of Barstow unsigned (5759 : Acceptance of State of CA Department of Trasportation Funds) fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT.

18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts.

19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT.

20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award.

21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual.

22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA.

23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.

24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY.

ARTICLE II - RIGHTS-OF-WAY

1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract.

2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures of capital and support to purchase all real property required for

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Packet Pg. 109 Attachment: 08-5298S21_City of Barstow unsigned (5759 : Acceptance of State of CA Department of Trasportation Funds) PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT.
(c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. (d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal. (f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.

3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.

ARTICLE III - MAINTENANCE AND MANAGEMENT

1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide.

With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.

2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not

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Packet Pg. 110 Attachment: 08-5298S21_City of Barstow unsigned (5759 : Acceptance of State of CA Department of Trasportation Funds) being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.

3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.

4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards.

ARTICLE IV - FISCAL PROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC.

2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter.

3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a sixmonth period

4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included.

5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY.

7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of

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Packet Pg. 111 Attachment: 08-5298S21_City of Barstow unsigned (5759 : Acceptance of State of CA Department of Trasportation Funds) indirect cost incurred within each fiscal year being claimed for reimbursement.

ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE.

8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter.

10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.

11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.

12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.

13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.

14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.

15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess of CalHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.

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16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.

17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments. ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.

18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.

19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.

20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.

21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

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Packet Pg. 113 Attachment: 08-5298S21_City of Barstow unsigned (5759 : Acceptance of State of CA Department of Trasportation Funds)

22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.

ARTICLE V

AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS

1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.

2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.

3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.

5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for AE Consultant Contracts.

6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335- 10381 for other professional service contracts.

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Packet Pg. 114 Attachment: 08-5298S21_City of Barstow unsigned (5759 : Acceptance of State of CA Department of Trasportation Funds)

7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.

8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.

9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries.

ARTICLE VI - MISCELLANEOUS PROVISIONS

1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.

2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT.

3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.

5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.

6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.

7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

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Packet Pg. 115 Attachment: 08-5298S21_City of Barstow unsigned (5759 : Acceptance of State of CA Department of Trasportation Funds)

8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.

9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.

10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.

11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.

13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.

14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.

15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or

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Packet Pg. 116 Attachment: 08-5298S21_City of Barstow unsigned (5759 : Acceptance of State of CA Department of Trasportation Funds) jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.

17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.

18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.

19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.

20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.

21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.

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Packet Pg. 117 Attachment: 08-5298S21_City of Barstow unsigned (5759 : Acceptance of State of CA Department of Trasportation Funds) City of Barstow
City of Barstow
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
________________________________
Chief, Office of Project Management ________________________________ Oversight
Division of Local Assistance
Representative Name & Title
(Authorized Governing Body
Representative)
By______________________________ By______________________________ Date______________________________ Date______________________________ ________________________________

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Packet Pg. 118 Attachment: 08-5298S21_City of Barstow unsigned (5759 : Acceptance of State of CA Department of Trasportation Funds)

EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement

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Packet Pg. 119 Attachment: 08-5298S21_City of Barstow unsigned (5759 : Acceptance of State of CA Department of Trasportation Funds) and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.

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Packet Pg. 120 Attachment: 08-5298S21_City of Barstow unsigned (5759 : Acceptance of State of CA Department of Trasportation Funds) 00000A653
FOR STATE FUNDED PROJECTS NO 08-5298S21
0824000225
July 16, 2024
08-SBD-0-BSW
ATPL-5298(037)
5298
This Program Supplement, effective 06/28/2024, hereby adopts and incorporates into the Administering Agency-State Agreement No. 08-5298S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).

The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.

Full portions along Main St, Avenue H, Avenue A, Buena Vista St, Second Ave, Seventh Ave, Muriel Dr, Virgina Way, Helen Runyon Dr, Lillian Dr, Forane St, and Mayor Katy Pkwy.

Pedestrian and Bike Path 0.0(MILES)
Estimated Cost State Funds Matching Funds

CITY OF BARSTOW
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$622,000.00 $0.00 $0.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$622,000.00
STATE $622,000.00
Program Supplement 08--529-A653- SERIAL 1Page of 4
07/16/2024

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Packet Pg. 121 Attachment: 5298037 PSA TO AGENCY (5759 : Acceptance of State of CA Department of Trasportation Funds)

SPECIAL COVENANTS OR REMARKS
08-SBD-0-BSW
ATPL-5298(037)

1. A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.

B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s).

This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures.

C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE.

D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof.

Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.

E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below.

Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated.

Program Supplement 08--529-A653- SERIAL Page 2 of 4

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Packet Pg. 122 Attachment: 5298037 PSA TO AGENCY (5759 : Acceptance of State of CA Department of Trasportation Funds)

SPECIAL COVENANTS OR REMARKS
08-SBD-0-BSW
ATPL-5298(037)
Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award.

F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.

G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.

H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines.

I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations requirements which may be accessed at: www.dot.ca.gov/hq/audits/.

ADMINISTERING AGENCY agrees to comply with, and require all sub-recipients and project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations.

ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the allowability of individual PROJECT cost items.

Any Fund expenditures for costs for which ADMINISTERING AGENCY has received Program Supplement 08--529-A653- SERIAL Page 3 of 4

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Packet Pg. 123 Attachment: 5298037 PSA TO AGENCY (5759 : Acceptance of State of CA Department of Trasportation Funds)

SPECIAL COVENANTS OR REMARKS
08-SBD-0-BSW
ATPL-5298(037)
payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third-party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission.

J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended.

K. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines.

2. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.

Program Supplement 08--529-A653- SERIAL Page 4 of 4

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Packet Pg. 124 Attachment: 5298037 PSA TO AGENCY (5759 : Acceptance of State of CA Department of Trasportation Funds) Regular Meeting
09/16/24 05:00 PM
Police
Andy Espinoza Jr.

Purchase
Doc ID: 5758

AGENDA ITEM
AGENDA MATTER:

ALLOCATE MEASURE Q FUNDS FOR THE PURCHASE OF BODY WORN CAMERAS EXECUTIVE SUMMARY:

Staff is requesting authorization to allocate Measure Q funds collected in FY2023-24 to replace outdated and unserviceable Body Worn Cameras for the police officers.

DISCUSSION:

Currently the Barstow Police Department utilizes Axon Generation 3 body worn cameras since 2019, and have reached their maximum operational life span. Axon Enterprise Incorporated latest body camera is their Axon Generation 4 body worn camera, which was released in 2023. This new body worn camera system will have improved features that our current cameras don't have. These include:
*Improved Field of View - Provide wider field of view for enhanced evidence capture *More points of view - Capture unique perspectives with additional point-of-view camera module. *Improved battery - Designed for full shift operation plus rapid charging capabilities *Real-time situational awareness - Receive alerts and locate officers on live maps *Report Writing - Capabilities with AI technology to save officers multiple hours every week by automatically drafting reports based on BWV camera audio Transparency is vital for every law enforcement agency in building trust with their citizens. The Axon Generation 4 body worn camera system allows for this and also documents evidence for criminal investigations, internal or administrative investigations, and civil litigation.

The department currently is on a year to year agreement plan; however, if we transition to a five (5) year agreement plan the department will save $38,368.99 over the five years. Due to outdated technology, insufficient battery performance, and unit failures with the Police Department's current body worn camera system, it is necessary for the Police Department to obtain new body worn cameras as soon as possible.

This will ensure that all officers have a working camera at all times.

Based on the quote from Axon Enterprise Incorporated, purchase of the Axon Generation 4 body worn camera systems is $334,383.41 (See attachment).

FISCAL IMPACT:

Annual payments beginning with the following:

October 2024 - $77,988.23
October 2025 – $64,098.83
19 Packet Pg. 125
Regular Meeting
09/16/24 05:00 PM
Police
Andy Espinoza Jr.

Purchase
Doc ID: 5758

AGENDA ITEM
October 2026 - $64,098.82
October 2027 - $64,098.82
October 2028 - $64,098.72
Total cost - $334,383.41 charged to Measure Q - Police Uniform Division 100.130.321.08.818 & 102.130.321.08.801
RECOMMENDED ACTION:

Staff recommends that the City Council take the following actions:
1) Authorize staff to allocate funding for the amount, not to exceed $334,383.41 with yearly payments from October 2024 to October 2028 of Measure Q funds for the purchase of Axon Generation 4 body worn camera systems.
19 Packet Pg. 126
Page
1 Q-576530-45523.770DB
Q-576530-45523.770DB
Issued: 08/19/2024
Quote Expiration: 09/17/2024
Estimated Contract Start Date: 10/01/2023
Account Number: 105975
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Barstow Police Dept.- CA
220E Mountain View St
Barstow,
CA
92311-7304
USA
Barstow Police Dept.- CA
220E Mountain View St
Barstow
CA
92311-7304
USA
Email:

Daniel Birt
Phone:

Email: [email protected]
Fax:

Daniel Arthur
Phone: 760-255-5130
Email: [email protected]
Fax: (760) 256-2215
Quote Summary Discount Summary
Program Length 73.4667 Months Average Savings Per Year $6,368.99 TOTAL COST $321,702.86
ESTIMATED TOTAL W/ TAX $334,383.41 TOTAL SAVINGS $38,992.36 Axon Enterprise, Inc.
17800N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

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Packet Pg. 127 Attachment: Updated Quote for 916 Council Date (5758 : Allocate Measure Q Funds for the Purchase of Page
2 Q-576530-45523.770DB
Payment Summary
Date Subtotal Tax Total
Oct 2023 $13,889.40 $0.00 $13,889.40
Oct 2024 $61,562.70 $2,536.13 $64,098.83
Oct 2025 $61,562.69 $2,536.13 $64,098.82
Oct 2026 $61,562.69 $2,536.13 $64,098.82
Oct 2027 $61,562.69 $2,536.13 $64,098.82
Oct 2028 $61,562.69 $2,536.03 $64,098.72
Total $321,702.86 $12,680.55 $334,383.41

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Packet Pg. 128 Attachment: Updated Quote for 916 Council Date (5758 : Allocate Measure Q Funds for the Purchase of

Page 3 ends

Quote Unbundled Price: $360,695.22
Quote List Price: $323,113.62
Quote Subtotal: $321,702.86
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 $1.00 ($2,517.04) ($2,517.04) $0.00 ($2,517.04) BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 7 60 $73.05 $36.07 $36.07 $15,149.40 $1,068.77 $16,218.17 BWCamTAP Body Worn Camera TAP Bundle 50 60 $41.15 $33.80 $33.80 $101,400.00 $6,893.58 $108,293.58 A la Carte Hardware
H00001 AB4 Camera Bundle 50 $849.00 $849.00 $42,450.00 $3,714.38 $46,164.38 H00002 AB4 Multi Bay Dock Bundle 7 $1,638.90 $1,638.90 $11,472.30 $1,003.82 $12,476.12 A la Carte Software
73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 200 13 $0.60 $0.65 $1,680.00 $0.00 $1,680.00 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON
DEVICE) 50 60 $27.12 $27.12 $81,360.00 $0.00 $81,360.00 BasicLicense Basic License Bundle 44 60 $16.27 $16.25 $42,900.00 $0.00 $42,900.00 ProLicense Pro License Bundle 6 60 $43.40 $43.33 $15,598.80 $0.00 $15,598.80 BasicLicense Basic License Bundle 41 13 $15.04 $16.48 $8,782.20 $0.00 $8,782.20 ProLicense Pro License Bundle 6 13 $40.10 $43.94 $3,427.20 $0.00 $3,427.20 Total $321,702.86 $12,680.55 $334,383.41
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 1 1 10/15/2024
AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 50 1 10/15/2024
AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 55 1 10/15/2024 AB4 Camera Bundle 74020 AXON BODY - MOUNT - MAGNET FLEXIBLE RAPIDLOCK 55 1 10/15/2024 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 7 1 10/15/2024 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 7 1 10/15/2024 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 7 1 10/15/2024 Body Worn Camera Multi-Bay Dock TAP Bundle 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 7 1 04/15/2027 Body Worn Camera TAP Bundle 73309 AXON BODY - TAP REFRESH 1 - CAMERA 51 1 04/15/2027 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 7 1 10/15/2029 Body Worn Camera TAP Bundle 73310 AXON BODY - TAP REFRESH 2 - CAMERA 51 1 10/15/2029 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date

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Packet Pg. 129 Attachment: Updated Quote for 916 Council Date (5758 : Allocate Measure Q Funds for the Purchase of Page
4 Q-576530-45523.770DB
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Basic License Bundle 73683 AXON EVIDENCE- STORAGE- 10GBA LA CARTE 41 10/01/2023 11/14/2024 Basic License Bundle 73840 AXON EVIDENCE- ECOM LICENSE- BASIC 41 10/01/2023 11/14/2024 Pro License Bundle 73683 AXON EVIDENCE- STORAGE- 10GBA LA CARTE 18 10/01/2023 11/14/2024 Pro License Bundle 73746 AXON EVIDENCE- ECOM LICENSE- PRO6 10/01/2023 11/14/2024 A la Carte 73683 AXON EVIDENCE- STORAGE- 10GBA LA CARTE 200 10/01/2023 11/14/2024 Basic License Bundle 73683 AXON EVIDENCE- STORAGE- 10GBA LA CARTE 44 11/15/2024 11/14/2029 Basic License Bundle 73840 AXON EVIDENCE- ECOM LICENSE- BASIC 44 11/15/2024 11/14/2029 Pro License Bundle 73683 AXON EVIDENCE- STORAGE- 10GBA LA CARTE 18 11/15/2024 11/14/2029 Pro License Bundle 73746 AXON EVIDENCE- ECOM LICENSE- PRO6 11/15/2024 11/14/2029 A la Carte 73686 AXON EVIDENCE- STORAGE- UNLIMITED (AXON DEVICE) 50 11/15/2024 11/14/2029 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Body Worn Camera Multi-Bay Dock TAP Bundle 80465 AXON BODY- TAP WARRANTY- MULTI BAY DOCK7 10/15/2025 11/14/2029 Body Worn Camera TAP Bundle 80464 AXON BODY- TAP WARRANTY- CAMERA 50 10/15/2025 11/14/2029 Body Worn Camera TAP Bundle 80464 AXON BODY- TAP WARRANTY- CAMERA1 10/15/2025 11/14/2029

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Packet Pg. 130 Attachment: Updated Quote for 916 Council Date (5758 : Allocate Measure Q Funds for the Purchase of Page
5 Q-576530-45523.770DB
Shipping Locations
Location Number Street City State Zip Country 1
220E Mountain View St Barstow CA 92311-7304 USA
Payment Details
Oct 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment 73683 AXON EVIDENCE- STORAGE- 10GBA LA CARTE 200 $1,680.00 $0.00 $1,680.00 Invoice Upon Fulfillment BasicLicense Basic License Bundle 41 $8,782.20 $0.00 $8,782.20 Invoice Upon Fulfillment ProLicense Pro License Bundle6 $3,427.20 $0.00 $3,427.20 Total $13,889.40 $0.00 $13,889.40
Oct 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year1 100553 TRANSFER CREDIT- SOFTWARE AND SERVICES1 ($503.41) $0.00 ($503.41) Year1 73686 AXON EVIDENCE- STORAGE- UNLIMITED (AXON DEVICE) 50 $16,272.02 $0.00 $16,272.02 Year1 BasicLicense Basic License Bundle 44 $8,580.00 $0.00 $8,580.00 Year1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle7 $3,029.88 $213.76 $3,243.64 Year1 BWCamTAP Body Worn Camera TAP Bundle 50 $20,279.99 $1,378.72 $21,658.71 Year1 H00001 AB4 Camera Bundle 50 $8,490.00 $742.88 $9,232.88 Year1 H00002 AB4 Multi Bay Dock Bundle7 $2,294.46 $200.77 $2,495.23 Year1 ProLicense Pro License Bundle6 $3,119.76 $0.00 $3,119.76 Total $61,562.70 $2,536.13 $64,098.83
Oct 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year2 100553 TRANSFER CREDIT- SOFTWARE AND SERVICES1 ($503.41) $0.00 ($503.41) Year2 73686 AXON EVIDENCE- STORAGE- UNLIMITED (AXON DEVICE) 50 $16,272.01 $0.00 $16,272.01 Year2 BasicLicense Basic License Bundle 44 $8,580.00 $0.00 $8,580.00 Year2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle7 $3,029.88 $213.76 $3,243.64 Year2 BWCamTAP Body Worn Camera TAP Bundle 50 $20,279.99 $1,378.72 $21,658.71 Year2 H00001 AB4 Camera Bundle 50 $8,490.00 $742.88 $9,232.88 Year2 H00002 AB4 Multi Bay Dock Bundle7 $2,294.46 $200.77 $2,495.23 Year2 ProLicense Pro License Bundle6 $3,119.76 $0.00 $3,119.76 Total $61,562.69 $2,536.13 $64,098.82
Oct 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year3 100553 TRANSFER CREDIT- SOFTWARE AND SERVICES1 ($503.41) $0.00 ($503.41) Year3 73686 AXON EVIDENCE- STORAGE- UNLIMITED (AXON DEVICE) 50 $16,272.01 $0.00 $16,272.01 Year3 BasicLicense Basic License Bundle 44 $8,580.00 $0.00 $8,580.00 Year3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle7 $3,029.88 $213.76 $3,243.64 Year3 BWCamTAP Body Worn Camera TAP Bundle 50 $20,279.99 $1,378.72 $21,658.71 Year3 H00001 AB4 Camera Bundle 50 $8,490.00 $742.88 $9,232.88 Year3 H00002 AB4 Multi Bay Dock Bundle7 $2,294.46 $200.77 $2,495.23

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Packet Pg. 131 Attachment: Updated Quote for 916 Council Date (5758 : Allocate Measure Q Funds for the Purchase of Page
6 Q-576530-45523.770DB
Oct 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year3 ProLicense Pro License Bundle6 $3,119.76 $0.00 $3,119.76 Total $61,562.69 $2,536.13 $64,098.82
Oct 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year4 100553 TRANSFER CREDIT- SOFTWARE AND SERVICES1 ($503.41) $0.00 ($503.41) Year4 73686 AXON EVIDENCE- STORAGE- UNLIMITED (AXON DEVICE) 50 $16,272.01 $0.00 $16,272.01 Year4 BasicLicense Basic License Bundle 44 $8,580.00 $0.00 $8,580.00 Year4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle7 $3,029.88 $213.76 $3,243.64 Year4 BWCamTAP Body Worn Camera TAP Bundle 50 $20,279.99 $1,378.72 $21,658.71 Year4 H00001 AB4 Camera Bundle 50 $8,490.00 $742.88 $9,232.88 Year4 H00002 AB4 Multi Bay Dock Bundle7 $2,294.46 $200.77 $2,495.23 Year4 ProLicense Pro License Bundle6 $3,119.76 $0.00 $3,119.76 Total $61,562.69 $2,536.13 $64,098.82
Oct 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year5 100553 TRANSFER CREDIT- SOFTWARE AND SERVICES1 ($503.41) $0.00 ($503.41) Year5 73686 AXON EVIDENCE- STORAGE- UNLIMITED (AXON DEVICE) 50 $16,272.01 $0.00 $16,272.01 Year5 BasicLicense Basic License Bundle 44 $8,580.00 $0.00 $8,580.00 Year5 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle7 $3,029.88 $213.73 $3,243.61 Year5 BWCamTAP Body Worn Camera TAP Bundle 50 $20,279.99 $1,378.70 $21,658.69 Year5 H00001 AB4 Camera Bundle 50 $8,490.00 $742.86 $9,232.86 Year5 H00002 AB4 Multi Bay Dock Bundle7 $2,294.46 $200.74 $2,495.20 Year5 ProLicense Pro License Bundle6 $3,119.76 $0.00 $3,119.76 Total $61,562.69 $2,536.03 $64,098.72

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Packet Pg. 132 Attachment: Updated Quote for 916 Council Date (5758 : Allocate Measure Q Funds for the Purchase of

Page 7 ends

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

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Packet Pg. 133 Attachment: Updated Quote for 916 Council Date (5758 : Allocate Measure Q Funds for the Purchase of

Page 8 ends

Exceptions to Standard Terms and Conditions
Agency has existing contract(s) originated via Quote(s): 97109 Q-449512
Agency is terminating those contracts effective 11/15/2024 Any changes in this date will result in modification of the program value which may result in additional fees or credits due to or from Axon.

The parties agree that Axon is applying a Net Transfer Credit of -$2,517.04 \s1\ \d1\
Signature Date Signed
8/19/2024

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Packet Pg. 134 Attachment: Updated Quote for 916 Council Date (5758 : Allocate Measure Q Funds for the Purchase of Regular Meeting
09/16/24 05:00 PM
City Clerk / Records
Maribel Hernandez
Report
Doc ID: 5765

AGENDA ITEM
AGENDA MATTER:

CITY MANAGER'S AUGUST 2024 UPDATE
EXECUTIVE SUMMARY:

The City Manager’s update serves as a communication tool used to present a summary of recent and upcoming events and topics of interest to the Mayor, City Council members, and the residents of Barstow.

It also contains information from City Departments regarding different programs, initiatives, and accomplishments.

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Receive and file.
20 Packet Pg. 135
Message from Andrew Espinoza, Jr., Interim City Manager AUGUST 2024 CITY MANAGER UPDATE
I would like to congratulate our (4) recruits who graduated from this year’s Barstow Police Department Explorer Academy Post 364 Class 29.

We commend their hard work and dedication throughout the program, which has equipped them with valuable skills and knowledge in law enforcement.

The Explorer Academy focused on important topics such as:

Community policing strategies
Emergency response techniques
Physical fitness and teamwork exercises
Leadership development and ethical decision-making
As they step into this new chapter, we encourage our recruits to:

Embrace the values of integrity, respect, and service.

Continue learning and growing within the community.

Foster positive relationships with fellow officers and community members.

We are proud to have them represent the Barstow Police Department and look forward to their contributions to our community!
Andrew Espinoza Jr.

Interim City Manager

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Packet Pg. 136 Attachment: CM August Update (5765 : City Manager's August 2024 Update) Following a thorough selection process, the City of Barstow is pleased to announce the promotion of Battalion Chief Cory Cisneros to Fire Chief of the Barstow Fire Protection District.

Cisneros brings 28 years of dedicated service to the fire industry, having held numerous roles including explorer, paid-call firefighter, apprentice firefighter, paramedic, instructor, Fire Captain, and most recently, Battalion Chief. He has been with the Barstow Fire Protection District for the past year.

We are excited to welcome him as our Fire Chief!

FIRE CHIEF CORY CISNEROS

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Packet Pg. 137 Attachment: CM August Update (5765 : City Manager's August 2024 Update) POLICE
The Barstow Police Department conducted the third
annual Back to School Campaign to welcome back all
BUSD students! The department’s School Resource
Officers were joined by members of BPD to greet
students on their first day back to school, further
reassuring parents and students that we are
committed to safeguarding our children as we look
to kick off an amazing school year!
What an incredible National Night Out!
We would like to thank everyone in the
community who came out to show their
support. We hope you had as much fun
as we did!
We had an amazing time brewing up some
meaningful conversations at Coffee with a
Cop! We would like to thank everyone from
the community who came out to get to know
their Barstow Police Officers.

A special thank you to Starbucks for hosting
and to our partners at BNSF Railway Police for
joining us!
The Barstow Police Department is offering our
citizens a secure bin to dispose of prescription
medication safely.

The bin is located in the lobby of the Police
Department. Illicit drugs, herbal remedies, vitamins,
supplements, cosmetics, empty medical devices,
batteries, sharps, mercury-containing thermometers,
and other personal care products are NOT accepted.

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Packet Pg. 138 Attachment: CM August Update (5765 : City Manager's August 2024 Update) The City of Barstow had the opportunity to partner with EXP Evolution, ensuring that students have equal access to enriching experiences and career opportunities that help them reach their full potential. This program allows students to acquire hands-on experience and build the confidence necessary to excel in their academic pursuits and future professions.

We would like to express our appreciation to Barstow Coldwell Banker, Barstow Police Department, Barstow Fire Protection District, and Desert Ambulance Service for their active involvement in this initiative. To all the participating students, we wish you tremendous success and genuinely hope you have enjoyed and gained valuable insights from this experience.

The 2024 General Election is right around the corner. Make sure you’re ready! Verify your voter status at VoterStatus.sos.ca.gov.

CITY CLERK’S OFFICE

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Packet Pg. 139 Attachment: CM August Update (5765 : City Manager's August 2024 Update) Plan Reviews
· 2567 Commerce Pkwy—1,185 sqft Shell Building
· 2511 W Main St—4,776 sqft Metal Building
· 2809 Lenwood Rd—Cannabis Building T.I.
· 1504 E Main St—Tesla EV Charging Station
· 2790 E Main St—Temporary Modular Storage Units
· 1513 Riverside Dr—Fire Damage Repair
· 1440 W Main St—Fire Alarm
· 1519 Riverside Dr—SFR
· 741 Upton Dr—Garage Conversion to ADU
· 1016 E Main St.—Laundromat Renovation
· 1820 Rimrock Rd—Automated Access Gate
· 2011 Borrego Dr—Building D Fire Damage Repair
· 101 Laverne Ct—4950 sqft Commercial Building
· 624 Montara Rd.—Bath & Laundry Room Addition
· 1310 E Mountain View St—Addition
· 610 Flora St—ADU
· 1890 W Main St—Medical Office T.I.
· 203/207 W Main St—Motel Conversion
· APN 0818-621-14 (Coolwater) - EV Chargers & Canopy
· 2234 Sierra Linda Dr.—1222 sqft SFR
· 301 Montara Rd.—10 Stack Fuel Station
· 301 Montara Rd.—Walmart—T.I.
· 2540 High Point Pkwy.—Industrial Canopy Remodel
· 2824 Lenwood Rd—3122 sqft Shell Building

BUILDING
New Happenings:
·We partnered with the California Product Stewardship Council on a CalRecycle grant application for getting battery boxes into local retail stores so residents have more convenient means of recycling batteries beyond the Household Hazardous Waste Facility. The award may be up to $50,000 and would also fund education and outreach about proper disposal of household hazardous waste.

In the Pipeline:
·Mark your calendars for the next Free Dump Day and Shred Fest, which is scheduled for Saturday, October 19, 2024 from 8am-11am at the City Corp Yard. See the official flyer on our media channels for details.

ENVIRONMENTAL SERVICES
The IT department works diligently
completing help desk work orders, audio /
visual requirements, social media updates,
and a multitude of other various
technology related necessities, while also
managing multiple projects.

Projects Currently in work:

Police Department Renovations – Ongoing
FY25 Network Infrastructure Upgrades -
Ongoing
EAM Upgrade and implementation WWTP
Projects Upcoming:

Streaming and Agenda Meeting Software
upgrade
EPL Implementation
ERP Implementation
I.T. DEPARTMENT

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Packet Pg. 140 Attachment: CM August Update (5765 : City Manager's August 2024 Update)

CODE COMPLIANCE
Before & After—1300 Block Carmen: The entire yard was cluttered with inoperable vehicles, personal outdoor storage items, and trash/debris. However, due to a change in circumstances, the property has been thoroughly cleaned.

If you have an active business license but have moved to a new location, you will need to obtain a new business license. Please contact Community Development to fill out a new application and arrange for an inspection.

Initially, there were two structures, but now there is only one! Continuous vandalism, which ultimately resulted in a fire, prompted the landowner to remove the damaged building. This occurred in the 1600 block of Riverside Drive.

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Packet Pg. 141 Attachment: CM August Update (5765 : City Manager's August 2024 Update)

FIRE DEPARTMENT
Ongoing recruitment efforts for Firefighters and Firefighter/Paramedics Promotion of three Chief Officers and one Fire Captain, with remaining vacancies set to be filled in FY24/25-Q2
Multiple vegetation fires necessitating additional support from CALOES Region 6-North Cooperators for suppression and district coverage
Succession training: Completed a refresher and preparatory workshop for Fire Engineers
Measure Q: Installed and put into service the Bauer Self-Contained Breathing Apparatus Fill Station
Numerous facility repairs and projects successfully completed Fire investigations and arson: Barstow PD apprehended and arrested an arson suspect accused of igniting several fires within district boundaries Ongoing communications and coordination regarding alternative recruitment strategies
Conducted recruitment for Fire Engineers
Community engagement activities: Bowties for Books and National Night Out Total monthly training hours: 513

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Packet Pg. 142 Attachment: CM August Update (5765 : City Manager's August 2024 Update)

PUBLIC WORKS DEPARTMENT
Parks/Open Spaces
Thank you to the community.

A resident living near the Tennis Courts at
Dana Park heard some commotion coming
from the courts. She observed some
individuals vandalizing the circuit breaker box
to steal the wiring. The police department
was alerted, leading to the arrest of two
suspects. The estimated damage is around
$10,000.00 or more, and this figure will rise
as repairs for the lights are needed.

Summer maintenance is
essential for park staff as
temperatures soar into the
triple digits. They have been
actively removing weeds and
applying herbicide.

WASTE WATER DEPARTMENT
We processed 73 million gallons of wastewater.

Our staff successfully completed 324 dig alert tickets.

We cleaned 1,654 feet of sewer pipe.

Additionally, we conducted CCTV inspections over 4,400 feet.

In August, the department welcomed two new OITs. Andrew Essex and Michael Marquez have already proven to be highly productive members of the team.

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Packet Pg. 143 Attachment: CM August Update (5765 : City Manager's August 2024 Update)

FINANCE
The street crew is set to welcome a new dump truck, acquired from Valew, a truck manufacturer located in Adelanto, California. This new vehicle will take the place of unit 8602, which is currently experiencing transmission issues.

Street Maintenance
The Streets department has been presented with a chance to repair multiple sidewalks.

Continuing with the removal of deceased animals from public areas, we have also addressed issues such as covering graffiti, repairing potholes, and handling CRM requests.

The yellow school crosswalks have been completed, and the residual storm cleanup has been finalized. Additionally, weeds have been removed and treated with spray.

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Packet Pg. 144 Attachment: CM August Update (5765 : City Manager's August 2024 Update)

FINANCE
Facility Maintenance is finalizing a few remaining tasks at the Police Department, marking the completion of the P.D. remodel. The Jasper Park Community building is also on track for completion. The relocation of restroom plumbing has been successfully finished, paving the way for new ADA-compliant restrooms.

Craig's journey with the City of
Barstow began as a part-time casual
worker, eventually leading to his
promotion in facility maintenance. His
remarkable 14-year commitment to
the City stands out. One of his lesserknown talents is his musical ability; he graciously played a few songs for us
on his final day. We wish him all the
best in his future endeavors.

Congratulations, Craig Dannebaum on your Retirement!
Facility Maintenance Update

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Packet Pg. 145 Attachment: CM August Update (5765 : City Manager's August 2024 Update) Fleet Maintenance
The City of Barstow has acquired a new Animal Control vehicle, taking on a vital role in ensuring the safety of both animals and the community. The Fleet Maintenance team has thoroughly inspected the vehicle to confirm it is road-worthy and safe. Additional lighting will be added to enhance the safety of the animal officer.

Repairs made to the vehicle include:

Replacement of front and rear brakes, including rotors
Various suspension components
Driveshaft support bearing
Motor and transmission mounts
Oil change and transmission service
Spark plugs and filters
An animal compartment carrier will feature a new cooler to ensure the health and safety of animals during transport. This includes a new pump for the water tank system, along with a system for cleaning the rear compartments after a dog has been transported.

For nighttime operations, lighting will be installed to assist with after-dark responses, and amber strobe lights will be added for enhanced visibility, ensuring the safety and protection of the employee.

City decals are scheduled to be installed later this month.

Fleet Maintenance has identified that Medic Squad 309 is experiencing excessive blow-by.

Although the vehicle's mileage is low for such issues, the blow-by is occurring due to the high number of operational hours. The Fire Chief has been informed about the potential need for an engine replacement for this unit.

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Packet Pg. 146 Attachment: CM August Update (5765 : City Manager's August 2024 Update) We invite you to attend the upcoming Community Update Meeting on October 3, 2024 from 6 to 8 PM at the Barstow Community College Performing Arts Center. The evening will feature a status update on the progress of the comprehensive General Plan update, along with updates from BNSF concerning the Barstow International Gateway (BIG) proposal, and much more. We look forward to seeing you there! General Plan Update

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Packet Pg. 147 Attachment: CM August Update (5765 : City Manager's August 2024 Update)

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