Agenda packet — Barstow City Council, November 18, 2024

REGULAR MEETING

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

REGULAR MEETING
Agenda-November 18, 2024

Page 1 of 5 ends

MAYOR
Paul Anthony Courtney

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

ELECTED CITY CLERK
Andrea Flores

ELECTED CITY TREASURER
Michael Lewis

PLANNING COMMISSIONERS
Andrew Ziemer
Beatrice Lint
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
CALL TO ORDER - CLOSED SESSION 6:00 PM
PLEDGE OF ALLEGIANCE:

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

ITEM ON THE AGENDA, 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-November 18, 2024

Page 2 of 5 ends

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

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

PUBLIC COMMENT - CLOSED SESSION:

CLOSED SESSION AGENDA ITEMS:

1. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: Interim City Manager and City Manager

2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Recommended Action:
(Government Code Section 54956.9(d)(4))
Number of Potential Cases: 1.

REPORT OF CLOSED SESSION:

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

INVOCATION:

PLEDGE OF ALLEGIANCE:

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

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

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

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

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

ALLOWING EMERGENCY ITEMS TO BE ADDED BY MAJORITY VOTE AND ALLOWING ITEMS THAT Agenda-November 18, 2024

Page 3 of 5 ends

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. PRESENTATION OF PROCLAMATION TO FERNANDO "FRED" R BACA Recommended Action:

Present a proclamation Presentation to Fernando "Fred" R Baca in recognition of his outstanding service and contributions to the Barstow community.

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 REGULAR MEETING - OCTOBER 21, 2024, AT 6:00 P.M.

Recommended Action:

Approve minutes as presented.

ACCOUNTS PAYABLE ALL AGENCIES:

CITY COUNCIL:

5. APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE LEAGUE OF CALIFORNIA CITIES - NEW LAW SEMINAR, DECEMBER 11 - 13, IN NAPA, CA Recommended Action:

Approve travel for City Clerk Andrea Flores to the League of California Cities City Clerk New Law Seminar on December 11 - 13, 2024, in Napa CA.

6. RESOLUTION NO. ____-2024 FOR A TEMPORARY STREET CLOSURE WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH SECTION 21101(E) OF THE CALIFORNIA VEHICLE

CODE FOR THE CHRISTMAS TREE LIGHTING EVENT
Recommended Action:

Adopt Resolution No. ______-2024 for a Temporary Street Closure Within the City of Barstow in Accordance with Section 21101(E) of the California Vehicle Code for the Christmas Tree Lighting Event and waive the full reading.

7. AWARD OF COMMUNITY PROMOTIONAL FUNDS FOR MOJAVE DESERT GEM AND

MINERAL SOCIETY
Recommended Action:

The City Council approve in-kind donations of fee waivers totaling $2,250 for the use of the Harvey House during the Annual Mojave Desert Gem and Mineral Show, scheduled for December 6, 7, and 8, 2024.

8. APPROVE A THREE (3) YEAR LEASE WITH CALIFORNIA ROUTE 66 MUSEUM Recommended Action:

Approve the three (3) year Lease and Operating Agreement with California Route 66 Museum, for the sum of $1 per year.

Agenda-November 18, 2024

Page 4 of 5 ends

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:

9. PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BARSTOW AND MAIN STREET MURALS FOR THE PRODUCTION OF "MURALS ALONG MAIN STREET", BARSTOW, CA.

Recommended Action:

1. Determine if the program continues to meet the needs of the community; and

2. If yes, authorize the Mayor to sign the two-year Professional Services Agreement between the City of Barstow and Main Street Murals for $40,000 per year/with quarterly payments of $10,000.00.

10. APPROVAL OF A NEW POSITION “COMMUNITY DEVELOPMENT MANAGER” Recommended Action:

1. Staff recommends that the Council approve the Community Development Manager position, which will be hired at the discretion of the City Manager.

2. Adopt Resolution No. _____-2024, approving the amended publicly available pay schedule (PAPS) (Attachment A) for FY 2024/2025 with an approval date of November 18, 2024.

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.

COUNCIL COMMITTEE REPORTS:

BUSINESS OF THE COUNCIL:

STAFF REPORTS:

11. CITY MANAGER'S OCTOBER 2024 UPDATE
Recommended Action:

Receive and file.

ADJOURNMENT:

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

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

Agenda-November 18, 2024

Page 5 of 5 ends

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

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

Posted on the 14 day of November, 2024.

Andrew Espinoza Jr., Interim City Manager

Cory Cisneros, Fire Chief Andrea Flores, City Clerk/Secretary Paul Anthony Courtney, Mayor/BFPD Chair
Regular Meeting
11/18/24 06:00:PM
Maria Chavez
Doc ID: 5808

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

PUBLIC EMPLOYMENT
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:
(Government Code Section 54957)
Title: Interim City Manager and City Manager
1 Packet Pg. 6
Regular Meeting
11/18/24 06:00:PM
Maria Chavez
Doc ID: 5807

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

RECOMMENDED ACTION:
(Government Code Section 54956.9(d)(4))
Number of Potential Cases: 1.
2 Packet Pg. 7
Regular Meeting
11/18/24 06:00 PM
City Clerk / Records
Maribel Hernandez
Proclamation
Doc ID: 5815

AGENDA ITEM
AGENDA MATTER:

PRESENTATION OF PROCLAMATION TO FERNANDO "FRED" R BACA
EXECUTIVE SUMMARY:

A proclamation will be presented to Fernando "Fred" R Baca recognizing him for his outstanding service and contributions to the Barstow community.

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Present a proclamation Presentation to Fernando "Fred" R Baca in recognition of his outstanding service and contributions to the Barstow community.
3 Packet Pg. 8
Regular Meeting
11/18/24 06:00 PM
City Clerk / Records
Maribel Hernandez
Other
Doc ID: 5810

AGENDA ITEM
AGENDA MATTER:

MINUTES REGULAR MEETING - OCTOBER 21, 2024, AT 6:00 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
4 Packet Pg. 9

REGULAR MEETING

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
OCTOBER 21, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

REGULAR MEETING
Minutes-October 21, 2024

Page 1 of 8 ends

CALL TO ORDER - CLOSED SESSION:

MAYOR PRO TEM NOBLE called to order the Closed Session meeting to order at 6:01PM.

PLEDGE OF ALLEGIANCE:

MAYOR PRO TEM NOBLE, led in the Pledge of Allegiance.

ROLL CALL:

Attendee Name Title Status Arrived
Paul Anthony Courtney * Mayor Present
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse ** Council Member Present
Carmen Hernandez Council Member Present
Barbara Mae Rose Council Member Present
* MAYOR COURTNEY participated remotely utilizing Just Cause under AB 2449 of the Brown Act. **COUNCILMEMBER 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 HAND TO THE CITY CLERK. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

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

4.a
Packet Pg. 10
Attachment: 10.21.2024 Min Final (5810 : Minutes Regular Meeting October 21, 2024 6:00 P.M.) Minutes-October 21, 2024

Page 2 of 8 ends

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

SPEAKERS:

None
MOTION TO GO INTO CLOSED SESSION:

Motion by COUNCIL MEMBER ROSE, Second by COUNCIL MEMBER HERNANDEZ.

RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Hernandez, Rose, Noble, Kruse, Courtney
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. (Government Code Section 54956.9(e)(1))
Number of Potential Cases: 1.

2. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Titles: Interim City Manager and City Manager
REPORT OF CLOSED SESSION:

CITY ATTORNEY MATTHEW SUMMERS reported the following:
- The City Council met in Closed Session to consider one item regarding potential of litigation against the city and the second item regarding Pubic Employment for the Interim City Manager. Direction was provided to the Council and staff and took no reportable action. - A Special meeting will be considered for a possible Los Coyotes agreement on October 28th 6:00PM.

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

MAYOR PRO TEM NOBLE called the Regular Meeting to order at 7:52 P.M.

INVOCATION:

MAYOR PRO TEM NOBLE gave in the invocation.

4.a
Packet Pg. 11
Attachment: 10.21.2024 Min Final (5810 : Minutes Regular Meeting October 21, 2024 6:00 P.M.) Minutes-October 21, 2024

Page 3 of 8 ends

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER ROSE led the pledge of allegiance.

ROLL CALL:

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

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

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

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

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

Motion by COUNCIL MEMBER ROSE, seconded by COUNCIL MEMBER HERNANDEZ, and unanimously carried, to approve the agenda with corrections to Item 4, and pulling items 5 and 7 for discussion.

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

3. UPDATE ON PUBLIC WORKS PROJECTS
Recommended Action:

Presentation only.

THOMAS ALVA, PUBLIC WORK WORKS SUPERINTENDENT

4.a
Packet Pg. 12
Attachment: 10.21.2024 Min Final (5810 : Minutes Regular Meeting October 21, 2024 6:00 P.M.) Minutes-October 21, 2024

Page 4 of 8 ends

- Gave a presentation on projects that have been completed by the Public Works Department.

COUNCIL MEMBER ROSE
- Asked when Cora Harper would reopen and who selects the groups that are allowed to use the facility and inquired about the score boards at Lillian Park.

THOMAS ALVA, PUBLIC WORK WORKS SUPERINTENDENT
- Said the scoreboards will be repaired, but they are prioritizing projects.

MAYOR PRO TEM NOBLE
- Asked if there was a plan to repair the shade at the Sports Park.

THOMAS ALVA, PUBLIC WORK WORKS SUPERINTENDENT
- Said staff has looked into replacing it but it
COUNCIL MEMBER ROSE, asked for a SECOND to do a workshop and discuss the cost and timeline of the park projects, SECOND by COUNCIL MEMBER HERNANDEZ to include it on the week of November 18th.

SYDNIE HARRIS, FINANCE DIRECTOR
- Mentioned that the Interim City Manager and staff were already working on a strategic plan.

SPEAKERS:

LEONARD WILLIAMS
- Spoke of the priority list asked for information regarding and asked if a cost analysis was done for a splash pad and the timeline for the reopening of Cora Harper.

JOHN WILLIAMS
- Spoke of the deficiencies in our structures and made recommendations on issues with the parks.

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

MINUTES ALL AGENCIES:

4. MINUTES JOINT SPECIAL COUNCIL / BFPD - OCTOBER 7, 2024 5:00 P.M.

Recommended Action:

Approve the minutes as presented.

CITY CLERK ANDREA FLORES
- Stated there were date, time, and spelling errors and the amended minutes will reflect these changes.

4.a
Packet Pg. 13
Attachment: 10.21.2024 Min Final (5810 : Minutes Regular Meeting October 21, 2024 6:00 P.M.) Minutes-October 21, 2024

Page 5 of 8 ends

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

5. COMMUNITY PROMOTIONAL FUND APPLICATION FROM GROWING OUTREACH

GROWING OPPORTUNITIES
Recommended Action:

Staff recommends that the Council authorize a Community Promotional Fund donation of $1,000 along with $750 of in-kind fee waiver contributions to Growing Outreach Growing Opportunities.

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

RENITA WICKES, SPIRIT OF GIVING
- Spoke of the amount of families they want to help assist during their event.

ELIZABETH GIVENS, GO GO BARSTOW
- Spoke of the collaboration with other nonprofits within the City.

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

6. RESOLUTION NO. 5190-2024 FOR A TEMPORARY STREET CLOSURE WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH SECTION 21101(E) OF THE CALIFORNIA VEHICLE

CODE FOR THE HALLOWEEN TRUNK-OR-TREAT
Recommended Action:

Adopt Resolution No. 5190-2024 for a Temporary Street Closure within the City of Barstow in Accordance with Section 21101(E) of the California Vehicle Code for the Halloween Trunk-OrTreat and waive the full reading.

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

7. ACCEPTANCE OF THE DEPARTMENT OF TOXIC SUBSTANCE CONTROL (DTSC) OFFICE

OF BROWNFIELDS EQUITABLE COMMUNITY REVITALIZATION GRANT (ECRG) AWARD Recommended Action:

Authorize staff to accept the Equitable Community Revitalization Grant (ECRG), Community-wide Assessment (CWA) grant award in the amount of $700,000 and to appropriate funds in the amount of $700,000 to a reimbursable account to be established by the Finance Department following acceptance.

4.a
Packet Pg. 14
Attachment: 10.21.2024 Min Final (5810 : Minutes Regular Meeting October 21, 2024 6:00 P.M.) Minutes-October 21, 2024

Page 6 of 8 ends

GENESIS CRANK, PLANNING AND COMMUNITY DEVELOPMENT ADMINISTRATOR - Presented the staff report as filed with the City Clerk's office.

COUNCIL MEMBER HERNANDEZ
- Thanked staff for going after funding.

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

None
PUBLIC HEARINGS:

None
CITY COUNCIL:

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

CITY CLERK ANDREA FLORES
- State COUNCIL MEMBER KRUSE left the meeting at 9:15 P.M. and quorum is still present.

SPEAKERS:

COUNCIL MEMBER ROSE
- Called for point of order, to receive and file the written public comment received by Mike Hernandez.

ANNA FUZIE, BARSTOW, CALIFORNIA
- Wanted to thank staff for their assistance at the Senior Center and clarified Home Delivery Meals of food services.

TIM SILVA, BARSTOW, CALIFORNIA
- Spoke of the Dignitary Diner, and how it was funded.

CATHERINE RINGLESTETTER, BARSTOW, CALIFORNIA
- Spoke of the vehicles traveling at a high rate of speed.

TIFFANY GIBBONS, BARSTOW, CALIFORNIA
- Expressed concerns about some city staff members and those city staff members sitting on the Community Cannabis Committee.

4.a
Packet Pg. 15
Attachment: 10.21.2024 Min Final (5810 : Minutes Regular Meeting October 21, 2024 6:00 P.M.) Minutes-October 21, 2024

Page 7 of 8 ends

JOHN HARRIS, BARSTOW, CALIFORNIA
- Attended the BIG update and thought there were items not discussed such as traffic.

LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Inquired about the increase of work with Public Works and how has it impacted their budget and also inquired about the Dignitary Diner and why was there a candidate present.

TED WEASMA, BARSTOW, CALIFORNIA
- Spoke of an incident that occurred on October 9th and was concerned with the response from PD.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Read a statement from MIKE HERNANDEZ, in support of COUNCIL MEMBER HERNANDEZ for Mayor.

E.T. SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Spoke of the actions of the Council and inquired about the deal with the Marriott.

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Spoke of individuals attending the Dignitary Diner.

JIM BROWN, BARSTOW, CALIFORNIA
- Spoke of holding people accountable.

STAFF REPORTS:

8. CITY MANAGER'S SEPTEMBER 2024 UPDATE
Recommended Action:

Receive and file.

RESULT: PRESENTATION ONLY
COUNCIL COMMITTEE REPORTS:

COUNCIL MEMBER HENANDEZ
- Mojave Air Quality Meeting on October28th.
- Invited all to attend Street Committee on November 6th. - Homeward Bound - discussed the funding that New Life Fellowship received from the County.

COUNCIL MEMBER ROSE
- Rules and Policy is October 29th

MAYOR PRO TEM NOBLE
- VVTA no items concerning Barstow. Next meeting will be November18th here in Barstow.

BUSINESS OF THE COUNCIL:

COUNCIL MEMBER HERNANDEZ
- Received a call regarding the process of the Rental Program and inquired how the program runs. - Also inquired about the new bus stops.
- Thanked all that who have asked about her husband.

COUNCIL MEMBER ROSE
- Asked for City to reach out to Megan Cardenas
- Also inquired about the new bus stops.

4.a
Packet Pg. 16
Attachment: 10.21.2024 Min Final (5810 : Minutes Regular Meeting October 21, 2024 6:00 P.M.) Minutes-October 21, 2024

Page 8 of 8 ends

- Motioned, seconded by MAYOR PRO TEM NOBLE for an update of Measure Q Members. - Thanked all who participated in the Mardi Gras Parade and asked for Community Benefits Fund be used to help expand the parade.

MAYOR PRO TEM NOBLE
- Asked for copies of the Community Benefits Fund policy and requirements to be provided to all Council Members.

MARIBEL HERNANDEZ, CITY CLERK SERVICE MANAGER
- Stated the Community Benefits will be going to Rules and Policy to begin setting policy for this fund.

MATTHEW SUMMERS, CITY ATTORNEY
- Suggested that MAYOR PRO TEM NOBLE make a request for a Council workshop the Community Benefits Workshop with a second.
- Motioned, seconded by COUNCIL MEMBER ROSE to request a Council workshop for Community Benefits Fund.
- Asked how Public Works budget has been affected with all the work that has been done.

CHRIS HELDRETH, COMMUNITY DEVELOPMENT DIRECTOR
- Provided information that $170,000 was budgeted for the current Fiscal Year and the amount of $13,000 has been used, to date, which is 8% of the total budgeted amount.

MAYOR PRO TEM NOBLE
- Asked MATTHEW SUMMERS, CITY ATTORNEY for the order of the Community Benefits Workshop.

MATTHEW SUMMERS, CITY ATTORNEY
- Recommended the Community Benefits Workshop go to Rules and Policy and then be brought to a COUNCIL WORKSHOP for all 5 Council members to consider.

ADJOURNMENT:

By the consensus of the City Council and without objection, the meeting was adjourned at 10:08 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

4.a
Packet Pg. 17
Attachment: 10.21.2024 Min Final (5810 : Minutes Regular Meeting October 21, 2024 6:00 P.M.) Regular Meeting
11/18/24 06:00 PM
City Clerk / Records
Maribel Hernandez
Travel
Doc ID: 5805

AGENDA ITEM
AGENDA MATTER:

APPROVAL OF TRAVEL FOR CITY CLERK ANDREA FLORES TO ATTEND THE LEAGUE OF CALIFORNIA CITIES - NEW LAW SEMINAR, DECEMBER 11 - 13, IN NAPA, CA EXECUTIVE SUMMARY:

It is requested that the City Council approve travel to the League of California Cities New Law Seminar in Napa, CA for City Clerk Andrea Flores.

DISCUSSION:

The League of California Cities City Clerk New Law Seminar will be held on December 11 - 13, 2024, in Napa, CA. The New Law and Elections Seminar enhances understanding of various topics pertinent to the city clerk's responsibilities. It also promotes relationship-building and communication among colleagues. 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 $ 550.00
Travel/Transportation $ 435.00
Meals $ 200.00
Hotel $ 640.00
TOTAL $ 1,825.00
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 New Law Seminar on December 11 - 13, 2024, in Napa CA.
5 Packet Pg. 18
Regular Meeting
11/18/24 06:00 PM
Environmental Services
Jessica Reed
Resolution
Doc ID: 5804

COUNCIL RESOLUTION
AGENDA MATTER:

RESOLUTION NO. ____-2024 FOR A TEMPORARY STREET CLOSURE WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH SECTION 21101(E) OF THE CALIFORNIA VEHICLE CODE FOR

THE CHRISTMAS TREE LIGHTING EVENT
EXECUTIVE SUMMARY:

The City of Barstow Christmas Tree Lighting event is scheduled for Friday, December 6, 2024 from 5 p.m. to 9 p.m. in front of City Hall. The event is being organized by the City of Barstow Barstow Parks and Recreation Department, who is requesting to close East Mountain View Street from Belinda Street to 2nd Avenue and a portion of Belinda Street to East Mountain View Street.

DISCUSSION:

The Parks and Recreation Department is organizing a Christmas Tree Lighting event on Friday, December 6, 2024 and is requesting a street closure of East Mountain View Street from Belinda Street (West of CHP Entry) to 2nd Avenue and a portion of Belinda Street (North of Police Entry) to East Mountain View Street. The proposed duration of the closure is from 10:00 a.m. to 10:00 p.m. to allow time for setup and tear down. The event will be open to the public from 5:00 p.m. to 9:00 p.m..

A Temporary Use Permit Application was submitted to the Community Development Department in accordance with the Barstow Municipal Code. Public Works staff will setup the closure and remove it immediately following the event. The Victor Valley Transit Authority bus schedule will be temporarily redirected to accommodate the event.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

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 FOR THE 2024 CHRISTMAS TREE LIGHTING EVENT 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 Christmas Tree Lighting 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 November 18, 2024, does hereby find as follows:

1. That the Christmas Tree Lighting 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 Christmas Tree Lighting does not discriminate against any person or group because of race, creed, color, sex, age, or national origin.

3. That the Christmas Tree Lighting is not primarily of a religious of sectarian nature.

4. That participants in the Christmas Tree Lighting represent a cross-section of the general population of the City of Barstow and of the greater Barstow area.

5. That the City of Barstow will derive no general fund benefit from the Christmas Tree Lighting.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The City Council of the City of Barstow hereby authorizes the closure of the following street within the City of Barstow on Friday, December 6, 2024:

6.a
Packet Pg. 20
Attachment: Resolution for Street Closure - Christmas Tree Lighting 2024 (5804 : Resolution for Temporary Street Closure for the Christmas Resolution No. -2024 2
a. Belinda Street (North of Police Department Entry) to East Mountain View Street.
b. East Mountain View Street (West of CHP Entry) to 2nd Avenue.

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 event, but in no case later than 10:00 p.m. on Friday, December 6, 2024.

PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF NOVEMBER 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 18th day of November 2024, by the following vote:

AYES:

NOES:

ABSENT/VACANT:

ABSTAIN:
________________________________
Andrea Flores, City Clerk

6.a
Packet Pg. 21
Attachment: Resolution for Street Closure - Christmas Tree Lighting 2024 (5804 : Resolution for Temporary Street Closure for the Christmas

6.b
Packet Pg. 22
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event)

6.b
Packet Pg. 23
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event)

6.b
Packet Pg. 24
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event)

6.b
Packet Pg. 25
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event)

6.b
Packet Pg. 26
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event)

6.b
Packet Pg. 27
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event)

6.b
Packet Pg. 28
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event)

6.b
Packet Pg. 29
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event)

6.b
Packet Pg. 30
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event)

6.b
Packet Pg. 31
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event)

6.b
Packet Pg. 32
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event)

6.b
Packet Pg. 33
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event)

6.b
Packet Pg. 34
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event)

6.b
Packet Pg. 35
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event)

6.b
Packet Pg. 36
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event)

6.b
Packet Pg. 37
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event)

6.b
Packet Pg. 38
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event)

6.b
Packet Pg. 39
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event)

6.b
Packet Pg. 40
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event)

6.b
Packet Pg. 41
Attachment: CCF_000797 (5804 : Resolution for Temporary Street Closure for the Christmas Tree Lighting Event) Regular Meeting
11/18/24 06:00 PM
City Clerk / Records
Maribel Hernandez
Community Promotion
Doc ID: 5813

AGENDA ITEM
AGENDA MATTER:

AWARD OF COMMUNITY PROMOTIONAL FUNDS FOR MOJAVE DESERT GEM AND MINERAL

SOCIETY
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:

The City Council originally established the Community Promotional Fund Policy in 1997 to outline guidelines for funding and supporting events that provide social and economic benefits, as well as recognition for the community.

In June, staff opened the application process, with a submission deadline set for July 25, 2024. A total of ten applications were received for Fiscal Year 2024-2025, including one from the Mojave Desert Gem and Mineral Society. Upon reviewing their application, it was discovered that the Mojave Desert Gem and Mineral's 501c3 status had been revoked. According to the Community Promotional Fund Policy, Section B1,
Eligibility Requirements:
. Organizations must possess current non-profit status or be partnered with a non-profit agency to qualify for funding. Schools are exempt from this requirement.

Staff met with the applicant, who did not have another non-profit organization to collaborate with, and requested additional time to resolve the issue. After several months, the Mojave Desert Gem and Mineral was able to file and pay the necessary fees to reinstate their 501c3 status. The Mojave Desert Gem and Mineral provided the attached notice from the IRS indicating that the review process may take up to 180 days.

The initial request was to utilize Cora Harper, but due to construction projects, the Park & Rec staff suggested relocating the event to the Harvey House
Staff recommends that Council consider the approval of an in-kind fee waiver for the use of the Harvey House from December 6 to 8, 2024, for the Annual Mojave Desert Gem and Mineral Show, totaling $2,250.
7 Packet Pg. 42
Regular Meeting
11/18/24 06:00 PM
City Clerk / Records
Maribel Hernandez
Community Promotion
Doc ID: 5813

AGENDA ITEM
Attached for your review are copies of the Community Fund Application and Policy.

FISCAL IMPACT:

The funding is avaialble in Measure Q - Community Promotional Fund Account No.102.150.542.07.755 RECOMMENDED ACTION:

7.a
Packet Pg. 44
Attachment: Mojave desert gem (5813 : Award Community Promotional Funds for Mojave Desert Gem)

7.a
Packet Pg. 45
Attachment: Mojave desert gem (5813 : Award Community Promotional Funds for Mojave Desert Gem)

7.a
Packet Pg. 46
Attachment: Mojave desert gem (5813 : Award Community Promotional Funds for Mojave Desert Gem)

7.a
Packet Pg. 47
Attachment: Mojave desert gem (5813 : Award Community Promotional Funds for Mojave Desert Gem)

7.a
Packet Pg. 48
Attachment: Mojave desert gem (5813 : Award Community Promotional Funds for Mojave Desert Gem) Policy Number: 50-01
Date Established: April 7, 1997
Date Revised: _ August 19, 2013
City Manager Approval:

Page 1 of 5 ends

SUBJECT: COMMUNITY PROMOTIONAL FUND POLICY
PURPOSE: To establish guidelines for funding and supporting events that provide social and economic benefits and/or recognition to the community.

GENERAL POLICY
The Community Promotional Fund process 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.

PROVISIONS
A. Program Guidelines

1. The City can provide financial support through cash grants or in-kind services such as city staff planning and logistical support, waiver of venue fees, and other assistance as needed. Providing either cash grants or in-kind services is conditional based on agreed criteria to be met by the event organizer(s) or individual.

2. Cash grants and in-kind services must be used for a direct public purpose. The public purpose shall be served if the community of Barstow is recognized or promoted, or there is a direct and identifiable social and economic benefit to the community as a whole.

3. Each fiscal year, Community Promotional Fund grants and in-kind services will be awarded when the budget is approved in June, and throughout the year as needed based on available contingency funds.

4. Organizations, schools, and individuals will only be eligible to be awarded a cash grant once during each fiscal year, and funding will not be approved for events/projects retroactively.

5. As part of the City’s annual budget process, the City Manager shall recommend an amount to be set aside for promotional fund events. If needed, a recommendation to increase the amount can be made at any time during the fiscal year. The promotional funding amounts will not be finalized unless approved by the City Council.

6. In addition to the funds that will be set-aside for allocation during the fiscal year, the City shall also reserve $5,000 per year to serve as a contingency grant fund for potential programs or projects that may arise outside of the normal community promotional funding cycle. The City Council may appropriate additional funds if

CITY OF BARSTOW
Administrative Policy Manual

7.b
Packet Pg. 49
Attachment: Community Promotional Fund Policy Adopted 08 19 13 (5813 : Award Community Promotional Funds for Mojave Desert Gem) Policy TBD
Community Promotional Fund Policy

Page 2 of 5 ends

needed based on the total benefit to the community.

7. Promotional fund grant and in-kind services awardees will be required to enter into a formal program agreement with the City of Barstow. The agreement will detail program components and service level requirements that must be met by the agency/individual receiving promotional funding.

8. Organizations, schools and individuals that are awarded a promotional fund grant in excess of $1,000 shall have the funds dispersed on a monthly basis based on terms that will be established through the program agreement.

9. Community events shall only be eligible to receive City in-kind services and a maximum of $1,000 cash grant unless an exception is approved by the City Council.

10.A list of annual community events requiring in-kind services is provided in Exhibit A.

This list will be updated as needed based on new events or cancellation of existing events. These community events will be awarded similar levels of in-kind services each year as provided in the past as determined by the City Manager. These events must apply separately for any cash grants, subject to the $1,000 maximum described in #9.

B. Eligibility Requirements

1. Organizations must have a current non-profit status or be partnered with a non-profit agency to be eligible for funding. Schools are excluded from the requirement.

2. Applicants must provide services to either the residents of the City of Barstow and/or those who attend a school based in the City of Barstow.

3. Applicants must meet the City of Barstow’s insurance requirements.

4. Applicants must have a formal process in place to conduct background checks on all employees and volunteers who work with persons under the age of 18 years and senior citizens.

5. Any request for funds from an organization or individual on behalf of a school activity shall include the signature of the school administrator. Any request from an organization or club shall include the signature of the organization’s president or director.

6. Each organization or individual that receives promotional funds shall provide evidence that the City is not the sole source of funding for the event/project. Along with the application, the applicant shall submit a detailed budget stating the total cost of the activity, and sources and amounts of funding.

7.b
Packet Pg. 50
Attachment: Community Promotional Fund Policy Adopted 08 19 13 (5813 : Award Community Promotional Funds for Mojave Desert Gem) Policy TBD
Community Promotional Fund Policy

Page 3 of 5 ends

7. The maximum promotional grant amount that shall be awarded to any one agency or individual in any single fiscal year shall be $3,000; the amount will generally be significantly less. The City Council may award a higher amount in rare exceptions based on the total benefit to the community.

8. Applicants who are awarded a promotional fund grant or in-kind services must commit to providing an after-event report and presentation to the City Council outlining how the group used the funding provided by the City of Barstow for benefit of the community.

9. The event must use public places within the City of Barstow, and must be open to anyone who wishes to attend.

10.Events of primarily a political or religious nature will be ineligible for funding.

11.The recipient must allow an audit on the use of funds should the City of Barstow request such an audit.

12.The recipient must recognize the support of the City of Barstow as a sponsor in all publicity material, annual reports and similar publications, and at the event.

C. Promotional Fund Grant Allocation Timeline

1. The City shall establish one grant funding cycle per year based on the following timeline. The grants will be announced in June.
i. Awards:
a. Promotional Fund Workshop: Second week of February
b. Applications due date: April 1
c. Application review period: April 1 – April 15
d. Applicant Interviews: April 15 – April 30
e. Recommendation to City Council: First or second meeting in May (Budget Workshop)
f. Award of Promotional Funds: First or second meeting in June ii. Contingency Funding Process
a. Each year, the City shall set-aside $5,000 for use as a contingency

7.b
Packet Pg. 51
Attachment: Community Promotional Fund Policy Adopted 08 19 13 (5813 : Award Community Promotional Funds for Mojave Desert Gem) Policy TBD
Community Promotional Fund Policy

Page 4 of 5 ends

promotional grant funding source.
b. At any point in time during each fiscal year, any agency or individual (including those that have been previously awarded a cash grant) can submit an application for a contingency promotional fund grant. c. Each contingency grant shall be reviewed and analyzed in the manner as outlined in Section D of this policy.
d. The City will accept contingency grant applications during the course of each fiscal year until the $5,000 contingency funding allocation has been exhausted.

D. Selection Process

1. Upon receipt of the applications, the City Manager will designate a subcommittee of three (3) individuals comprising representatives from the following City operations to review the submittals and conduct applicant interviews:
i. City Manager’s Office
ii. Parks & Recreation Division
iii. Police Department

2. The subcommittee will make funding recommendations that will be forwarded to the entire City Council who will review and amend as necessary prior to final approval.

3. Funding recommendations will be made based on information obtained through the written application, the interview process, and how well the applicant demonstrates that their proposed project or program will fulfill a need within the community, particularly with regard to youth and community development.

E. Termination

1. The City will monitor the performance of each grant recipient against the goals and performance standards required by the formal agreement.

2. Substandard performance by the agency as determined by the City will constitute non-compliance with the agreement. If action to correct substandard performance is not taken by the agency, suspension or termination procedures will be initiated, which may include withholding of funds.

7.b
Packet Pg. 52
Attachment: Community Promotional Fund Policy Adopted 08 19 13 (5813 : Award Community Promotional Funds for Mojave Desert Gem) Policy TBD
Community Promotional Fund Policy

Page 5 of 5 ends

Exhibit A

ANNUAL COMMUNITY EVENTS REQUIRING IN-KIND SERVICES
Community Resource Fair
Gem & Mineral Show
Juneteenth Celebration
Kiwanis Crossroads Annual Wine Auction
Main Street U.S.A. Car Show
Mardi Gras Parade
Margaritafest
Martin Luther King Peace March
New Mexico Chili Cook-Off and Belen Fiesta
Sport Shooting Banquet
Troops & Trains

7.b
Packet Pg. 53
Attachment: Community Promotional Fund Policy Adopted 08 19 13 (5813 : Award Community Promotional Funds for Mojave Desert Gem) Regular Meeting
11/18/24 06:00 PM
City Clerk / Records
Maribel Hernandez
Contract
Doc ID: 5811

AGENDA ITEM
AGENDA MATTER:

APPROVE A THREE (3) YEAR LEASE WITH CALIFORNIA ROUTE 66 MUSEUM EXECUTIVE SUMMARY:

The Route 66 Museum, located in the Historic Harvey House since March 5, 2001, has chosen to terminate its lease agreement with the city in August 2024. Following this decision, staff were approached by the California Route 66 Museum about a potential lease agreement with the city. They proposed some exciting ideas that the staff believe could significantly enhance tourism and business to the city.

DISCUSSION:

The Route 66 Museum, which has occupied space in the Historic Harvey House since March 2001, has decided to end its lease agreement with the city in August 2024.

City staff recently met with Brendan O'Brien from the California Route 66 Museum to discuss a potential new lease agreement. They presented some exciting ideas that the staff believes could greatly boost tourism and business in the area.

The California Route 66 Museum aims to host a kickoff Centennial Celebration to relaunch the Route 66 Museum – Harvey House in Barstow. This vibrant, high-energy event is designed to generate substantial awareness and excitement in anticipation of the Route 66 Centennial Celebration. The goal is to establish the museum as a vital cultural and historical hub while celebrating the significance of this iconic highway in American history.

The California Route 66 Museum have a location in Victorville that attracts many tourists. They are planning to launch a new initiative in 2025 aimed at bringing tours to Barstow and Victorville. In anticipation of the upcoming Centennial celebration in 2026, by creating a commemorative California Gold Passport book.

The attached lease agreement outlines the insurance requirements, responsibilities of the Lessee, a nominal rent of $1 per year, and obligations regarding utilities.

FISCAL IMPACT:

None
RECOMMENDED ACTION:
8 Packet Pg. 54
Regular Meeting
11/18/24 06:00 PM
City Clerk / Records
Maribel Hernandez
Contract
Doc ID: 5811

AGENDA ITEM
Approve the three (3) year Lease and Operating Agreement with California Route 66 Museum, for the sum of $1 per year.
8 Packet Pg. 55
1 LEASE AGREEMENT
California Route 66 Museum
THIS LEASE AGREEMENT (the “Lease”) is made as of the date of the final signature below (“the Effective Date”), by and between CITY OF BARSTOW (“City” or “Lessor”), a municipal corporation, which operates under the laws of the State of California, having its principal place of business at 220 East Mountain View Street, Suite A, Barstow CA 92311, and the California Route 66 Museum, a California Nonprofit Public Benefit Corporation, having its principal place of business at 681 North First Avenue, Barstow, CA 92311, (“Lessee”) (with the “Lessor” and “Lessee” constituting the “Parties” and each, “Party”).

RECITALS
WHEREAS, the Lessee's presence in the Harvey House attracts tourists that otherwise would not visit the historic Harvey House, NASA Goldstone Visitor Center and Western America Railroad Museum Systems Corporation (WARM); and WHEREAS, the Lessee will use the premises solely for California Route 66 Museum and associated uses, including, exhibitions of collections, research and educational displays; along with a gift shop for the sale of books and other items; and WHEREAS, the Lessee shall be opened to the public not less than fifteen (15) hours per week over each ten-week period; and shall not be closed to the public for any period of more than thirty (30) consecutive days; and
WHEREAS, the Lessee provides information about the NASA Goldstone Visitor Center and Western America Railroad Museum Systems Corporation (WARM); and WHEREAS, the Lessee, a nonprofit corporation, desires to lease the portion of the Property shown on “Exhibit B” (the "Premises") on the terms and conditions described in this Agreement to use as a California Route 66 Museum (the "Museum"); and WHEREAS, the Lessor is willing to lease the Premises to Lessee for such purposes on the terms and conditions stated in this Agreement

AGREEMENT
THAT FOR AND IN CONSIDERATION of the rentals, agreements and conditions as hereinafter specifically set forth to be faithfully paid, kept and performed by Lessee, Lessor hereby rents and lets, and Lessee hereby takes possession of, hires, rents and accepts the Premises and appurtenances thereto for building space, a total of 2,281 square feet (Ground Level - Recreation Building Addition) and 1,472 square feet (Recreation Building), adjacent to the historic Harvey House, located at 681 North First Avenue, Barstow,

8.a
Packet Pg. 56
Attachment: 2024 California Route 66 Museum Lease Agreement (Final)(378603.2) (5811 : Approve a Three (3) Year Lease with California Route 2 California. All of said leased real property as set forth in the legal description set forth in “Exhibit A" and the Premises Plan set forth in “Exhibit B" attached hereto and by this reference incorporated herein.

It is understood and agreed by and between the parties hereto as follows, to-wit:

1. DEFINITION OF TERMS. The following words in this Lease Agreement shall have the significance attached to them in this clause unless otherwise apparent from their context:
a. "The Premises" means a total of approximately 3,753 square feet of building space adjacent to the historic Harvey House (Ground Level Recreation Building Addition) designated by “Exhibit A" and “Exhibit B" hereto and incorporated herein. b. "Lease Administrator" means the City Manager of the City of Barstow or upon written notice to Lessee, such other person as shall be designated from time to time by the City.
c.

2. ADMINISTRATION. This Lease shall be administered on behalf of the City by the Lease Administrator, whose addressis:

The City of Barstow
Attention: City Manager
220 East Mountain View Street, Ste. A
Barstow, CA 92311
With a copy to:

Matthew Summers, City Attorney
Colantuono, Highsmith &
Whatley, P. C.
790 E. Colorado Blvd., Suite 850
Pasadena, CA 91101-2109
With a copy to:

California Route 66 Museum
Attention: Executive Director
681 North First Avenue
Barstow, CA 92311

3. TERM. The Lease's initial term ("Initial Term") shall commence on December 1, 2024("Commencement Date") and end on November 30, 2027 ("Ending Date"). Lessee shall have the right to terminate this Lease at any time for any or no reason by first giving one hundred and eighty days (180) days prior written notice to the City. The City shall also have the right to terminate said Lease any time for any or no reason by first giving one hundred and eighty (180) days prior written notice to the Lessee.

8.a
Packet Pg. 57
Attachment: 2024 California Route 66 Museum Lease Agreement (Final)(378603.2) (5811 : Approve a Three (3) Year Lease with California Route 3 Upon termination of this Lease for any reason whatsoever, Lessee shall peaceably vacate and deliver the Premise to City in the same condition as Lessee enjoyed upon its acceptance of the Premises hereunder, ordinary wear and tear and acts of God excepted.

Upon such termination Lessee shall: (1) arrange and pay for the disconnection of all telephone service and services ordered by Lessee; and (2) provide a written statement to the Lease Administrator or Lessee's new address for purpose of refunding monies, if any, due Lessee under this Lease; and (3) deliver the keys for the Premises to the Lease Administrator or send said keys by Certified Mail to the address stated in Section 2.

4. RENT. In consideration of the possession and use of the Premises, between December 1, 2024 and November 30, 2027, Lessee shall deliver and pay rent to City during the term of this Lease in the amount of $1.00 per year for each year of the Agreement.

The payments required under this Lease shall be made payable to "The City of Barstow" and considered payment under this Lease when delivered to:

City of Barstow
Finance Department
220 East Mountain View Street, Ste "A"
Barstow, CA 92311

5. NOTICE OF POSSESSORY INTEREST. In accordance with California Revenue and Taxation Code section 107.6, subdivision (a), City provides notice that entering into this Lease may create a possessory interest subject to property taxes payable by Lessee.

Lessee or any other party in whom the possessory interest is vested agrees that it shall pay all taxes as may be assessed upon the possessory interest in the leasehold of property created by this Lease.

6. USE. Lessee shall use and occupy the Premises solely as a California Route 66 Museum; the sale of tourist related items such as souvenirs, T-Shirts, etc., shall be permitted under the operation of the Museum. The Museum shall be open to the general public not less than fifteen (15) hours per week over each ten-week period; and shall not be closed to the public for any period of more than thirty (30) consecutive days.

Lessee shall not use, or permit the use of, the Premises other than as described above. In any case, where Lessee is, or should reasonably be, in doubt as to the propriety of any particular use, Lessee may request, and will not be in breach of default if Lessee abides by, the written determination of the Lease Administrator that such use is or is not permitted.

Lessee and guests of Lessee shall at all times conduct themselves in a quiet and dignified manner so as to cause no annoyance or inconvenience to neighbors of Lessee and shall not violate, or permit the violation of, any City or county ordinance or State or Federal Law in or about the Premises.

The Premises shall be occupied by none other than the entity listed above and referred to as Lessee without written consent of the City having been first obtained.

8.a
Packet Pg. 58
Attachment: 2024 California Route 66 Museum Lease Agreement (Final)(378603.2) (5811 : Approve a Three (3) Year Lease with California Route 4 7. UTILITIES AND OTHER OPERATING COSTS. Lessee will pay all operating costs of the premises, including without limitation utilities, janitorial, taxes, garbage disposal, interior maintenance, exterior maintenance, and insurance (the “Operating Costs”). Lessee shall pay all Operating Costs directly to the provider; any Operating Costs that are paid by the City shall be considered to be Additional Rent, payable by Lessee to the City.

Lessee shall be responsible for ordering, obtaining and paying for all utility services, including telephone, internet and electric service necessary for its use and enjoyment of the Premises and shall pay all services, service charges and installation charges in connection with the Premises.

8. MAINTENANCE. Lessee hereby acknowledges that Lessee has visually inspected the Premises, that Lessee accepts said Premises “as is” and “where is” with respect to observable defects, that the Premises are in good and sanitary order, condition, and repair, and hereby accepts them as such.

Lessee will complete all necessary cosmetic repairs to the interior (all Lessee improvements including painting, patching, carpeting, etc.) of the Premises as described in “Exhibit B". Prior to any repair work, Lessee will gain permission from the City's Building Official. City will be responsible for maintaining items identified in “Exhibit C”.

Lessor shall not have any responsibility to maintain Premises beyond the effective date of this Lease Agreement. Lessee shall be responsible to maintain and repair any Lessee installed items at Lessee cost.

Lessee shall repair any damage or injury to the Premises caused by neglect or misuse by Lessee, Lessee’s servants, employees, agents, visitors, invitees, or licensees. Lessee agrees to take good care of the Premises and of all improvements, alterations, fixtures, and appurtenances thereon and thereto, and to give prompt notice to the City of any damage to same. Lessee shall not be responsible for any damages or injury to the Premises caused by the City. Lessee shall receive a rent reduction for the cost of repairs for any damages or injury to the Premises caused by the City or for any loss of office space caused by the same.

9. REPLACEMENT AND REPAIRS. All structures, equipment and fixtures installed by Lessee in accordance with the provisions of this Lease, and not being a replacement or repair of or for any improvements subsequently installed by City, shall be the property of Lessee during the term of this Lease. It is agreed that any equipment and fixtures so installed by Lessee are hereby made security for the faithful performance of the terms, conditions, and covenants of this Lease. Upon termination of this Lease for any cause, all such structures, equipment and fixtures (but not trade fixtures) shall become the property of City. However, City may require Lessee, and Lessee hereby agrees, to remove any such structures, equipment and fixtures at Lessee's own expense, provided that all damage to the Premises or to City's property or improvements from such removal shall be repaired in a good and workmanlike manner and the Premises shall be left in as good order and condition as when Lessee took

8.a
Packet Pg. 59
Attachment: 2024 California Route 66 Museum Lease Agreement (Final)(378603.2) (5811 : Approve a Three (3) Year Lease with California Route 5 possession thereof, reasonable wear and tear and damage by the elements excepted. In the event Lessee does not so remove any of sub-structures, equipment, or fixtures as aforesaid, City may remove, sell or destroy the same at the expense of Lessee and Lessee shall pay to City the reasonable cost of such removal, sale or destruction, together with the reasonable cost of repair of damages to City's property or improvements or to the Premises resulting therefrom. It is further agreed that any personal property not removed from the Premises within sixty (60) days following termination of this Lease may, at City's option, be deemed abandoned, and City may take possession and dispose of it in any manner without liability to Lessee.

It is understood by the parties hereto that Premises are a historic landmark. Prior to any alternations or improvements being performed by Lessee after its acceptance of the Premises, Lessee shall obtain the prior written consent of City. Any such alternations and improvements shall conform to the architectural plans and renderings of the structure as well as any historic construction and maintenance guidelines either adopted or to be adopted by City. Lessee is solely liable, at its own expense, for procurement of all permits and approvals necessary for its operation of the described facilities and any improvements and/or alterations performed by Lessee. Lessee agrees to pay any and all costs associated with any such alternations and improvements, and, in the event such alterations and improvements do not receive the prior written consent of City, and are not consistent with the criteria established by the City preserving the structure as a historical landmark, Lessee shall be responsible to pay to City any and all costs associated with bringing any such alterations and improvements in compliance with the standards described herein.

10. INSPECTIONS. At all reasonable times during the term of this Lease and any renewal of this Lease, the City and its agents may enter the Premises to make inspections or repairs, or to make alterations, or make improvements to the Premises.

11. CARE OF PREMISES. Lessee will promptly notify the City of any damage, or of any situation that may significantly interfere with the normal use of the Premises.

Lessee will comply with standards of health, sanitation, fire, housing, and safety as required by law. Lessee shall maintain Premises in a safe and clean condition, free from waste or nuisance.

Lessee will not keep or have on the premises any article or thing of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire.

12. INDEMNIFICATION. Lessee shall defend, indemnify and save harmless the City, its officers, agents and employees from and against any and all claims, demands, and liabilities for loss of any kind or nature which City, its officers, agents, or employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons or damage to Premises as a result of, arising out of, or in any manner connected with this Lease or with the occupancy and use of the Premises by Lessee, its guests, invitees, visitors, or any other persons whatsoever. Lessee further agrees to pay any and all costs and expenses, including, but not limited to, court costs and reasonable attorney’s fees incurred by the City on account of any such claims, demands, or liabilities.

8.a
Packet Pg. 60
Attachment: 2024 California Route 66 Museum Lease Agreement (Final)(378603.2) (5811 : Approve a Three (3) Year Lease with California Route 6 Lessor shall not be liable to Lessee for any damage to Lessee or Lessee’s Premises from any cause. Lessee waives all claims against Lessor for damage to persons or Premises arising for any reason other than the intentional torts or negligence of Lessor or its authorized representatives. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage caused by Lessee to Premises or injury to persons caused by Lessee, in, upon or about the Premises.

13. INSURANCE. Lessee shall, during the term of this Lease, keep or cause to be kept, policies of insurance which will fully protect the Premises. Insurance required hereunder shall be issued by companies holding a "General Policyholders Rating" of B plus or better as set forth in the most current issue of "Best's Insurance Guide". Lessee shall submit to the Lease Administrator, on or before the effective date of this Agreement and every twelve months thereafter, Certificates of Insurance evidencing that Lessee has obtained the required insurance from generally recognized responsible insurers in the following forms of coverage and minimum amountspecified. a. Commercial General Liability Insurance. The policy must be written on an "occurrence basis" and in an amount of not less than $1,000,000 each occurrence. The insurer issuing the insurance policy must be admitted to do business in California. b. Fire and Extended Coverage. The policy is to provide coverage against loss or damage to the Premises resulting from fire, lightning, vandalism, malicious mischief, and such perils ordinarily defined as “extended coverage” including flood but not earthquake. Such insurance shall be maintained in an amount of not less than 90% of the full replacement value.

The required Commercial General Liability policy shall name City as an “additional insured”.

The required Fire and Extended Coverage Policy shall name City as “loss payee”.

Each policy of insurance shall contain the following clause:
“It is agreed that this policy shall not be cancelled nor the coverage reduced until thirty (30) days after City or its designee shall have received written notice of such cancellation or reduction. The notice shall be deemed effective on the date delivered to the City or its designee as evidenced by properly validated return receipt.”
City shall retain the right at any time to review the coverage, form and amount of insurance required herein, and may require Lessee to obtain insurance sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exist at the time a change in insurance is required. City requirements shall be reasonable.

14. ASSIGNMENT, SUBLEASING, OR ENCUMBERING. Lessee shall not sublease the Premises or assign this Lease without prior written consent of the Lease Administrator.

8.a
Packet Pg. 61
Attachment: 2024 California Route 66 Museum Lease Agreement (Final)(378603.2) (5811 : Approve a Three (3) Year Lease with California Route 7 15. DEFAULT. The occurrence of any of the following shall constitute a default by Lessee:
(1) Failure to pay rent or any other payment required to be made by Lessee hereunder as and when due, and such failure continues for five days after notice from Lessor to Lessee.
(2) Abandonment of Premises (failure to occupy Premises for 30 consecutive days during the Term shall be deemed an abandonment and vacation). (3) Failure to keep the museum open to the public for at least the minimum hours and days specified in Section 6.
(4) Failure to comply with or perform any other provision of this Lease if the failure to perform is not cured within 30 days after notice has been given to Lessee.
(5) If Lessee shall become insolvent, make an assignment for the benefit of his or her creditors, file a voluntary bankruptcy proceeding, be subjected to an involuntary bankruptcy proceeding, or if a receiver is appointed for Lessee.

16. CITY’S REMEDIES. In the event of any Default by Lessee, City may at any time thereafter, in its sole discretion, with or without further notice or demand and without limiting City in the exercise of a right or remedy which City may have by reason of such default or breach:
(1) Upon five days’ prior notice, the City may terminate the tenancy under this Lease if the Lessee has failed to pay any portion of the Rent Payment when due; or in the alternative at the City’s election, if Lessee for any reason whatsoever fails to remit to the City the annual rent due within fifteen (15) days after due date, Lessee shall be deemed delinquent in payment of contract rent and shall become liable to pay the rent due, together with an additional 5% of lease payment due or $25, whichever is higher.
(2) Upon 10 days’ notice, the City may terminate the tenancy under this Lease if the Lessee fails to observe, perform, and keep each and every of the covenants, agreements, stipulations, obligations, conditions, and other provisions of this Lease Agreement to be observed, performed, and kept by the Lessee and the Lessee persists in such default beyond the 30 days’ notice; (3) Upon five days’ notice, the City may terminate the tenancy under this Lease if the Lessee fails to abate any public or private nuisance that exists on Premises and the Lessee persists in such default beyond the 30 days’ notice.

Termination of Lessee's right to possession of Premises by written notice to Lessee shall terminate this Lease and Lessee shall immediately surrender possession of Premises to City. In the event of termination, City shall be entitled to recover from Lessee all damages incurred by City by reason of Lessee's default; or City may pursue any other remedy now or hereafter available to City under the laws or judicial decisions of the State of California.

8.a
Packet Pg. 62
Attachment: 2024 California Route 66 Museum Lease Agreement (Final)(378603.2) (5811 : Approve a Three (3) Year Lease with California Route 8 17. DAMAGE OR DESTRUCTION OF PREMISES. If the Premises are damaged or destroyed in whole or in part by fire or other casualty, City may repair and restore the Premises, or may abate pro rate for the portion rendered untenantable in the event a part only is untenantable, until the Premises and/or Property are restored to a tenantable condition, City may commence and complete all work required to be done under this paragraph with reasonable promptness and diligence, but City shall not be in default in any required performance if delay in performance results from fire, flood, storm, labor disputes, shortages of materials or transportation facilities, governmental regulations, war, or other cause beyond City's reasonable control. If City elects not to commence such repair or restoration will require more than one hundred twenty (120) days to complete, Lessee may thereafter, as it option, terminate this Lease by giving City written notice of its election to do so at any time prior to the commencement of such repair or restoration. In that event, this Lease shall terminate as of the date such notice is received by City.

18. NOTICES. All notices that are required to be given by one party to the other under this Lease shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited with the United States Post Office for delivery by registered or certified mail addressed to the Parties at the following addresses, unless such addresses are changed by notice, in writing, to the other party.

If to City:

City Manager
City of Barstow
220 East Mountain View,
Barstow CA 92311
If to Lessee:

California Route 66 Museum
681 North First Avenue,
Barstow, CA 92311

19. GOVERNING LAW. This Lease is executed in Barstow, San Bernardino County, California. This Lease shall be interpreted under the laws of the State of California.

Venue for any legal action or proceeding shall be in the North Desert District of the Superior Court, San Bernardino County, California.

20. HAZARDOUS SUBSTANCE. Lessee shall not introduce or permit to be introduced any hazardous substance (including but not limited to gasoline, diesel, aviation fuels, etc.) onto the property during the term of this Lease.

21. QUIET ENJOYMENT OF THE PREMISES. If and so long as Lessee shall keep all the covenants and agreements required by it to be kept during this Lease and shall perform all its other obligations hereunder, City covenants and agrees that it shall not interfere with the peaceful and quiet occupation and enjoyment of the Premises by Lessee.

8.a
Packet Pg. 63
Attachment: 2024 California Route 66 Museum Lease Agreement (Final)(378603.2) (5811 : Approve a Three (3) Year Lease with California Route 9 22. SIGNS. Lessee shall have the right, subject to City's approval, to place in or on the Premises and in the common areas such signs or display material that Lessee deems necessary and proper in the conduct of its business; however, the display of any such signs or other materials shall be in compliance with the requirements of Barstow Municipal Code, shall be compatible with City's signage and display materials and shall be in conformity with City's colors, design scheme, and any historical themes or standards as required by City.

23. SEVERABILITY AND LEGAL CONSTRUCTION. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

If there is a conflict between any provisions of the Lease and applicable legislation of the State of California, the state law will prevail, and such provisions of the Lease will be amended or deleted as necessary in order to comply with state law. Further, any provisions that are required by state law are incorporated in this Lease.

24. ENTIRE AGREEMENT. This Lease constitutes the entire agreement between the Parties with respect to the subject matter covered by this Lease and supersedes all prior understanding and agreements, whether written or oral, between the Parties hereto relating to the same subject matter.

25. GENERAL PROVISIONS
a. Signing Authority. Each person signing this Agreement hereby warrants that he/she or was properly authorized to do so and had actual authority to bind his or her principal to this Agreement.
b. No Continuing Waiver. Any waiver by the City of any failure by Lessee to perform or observe the provisions of this Lease will not operate as a waiver of the City’s rights under this Lease in respect of any subsequent defaults, breaches or nonperformance and will not defeat or affect in any way the City’s rights in respect of any subsequent default or breach. No right or remedy provided under this Lease is intended to be exclusive of any other right or remedy hereof provided by law or equity. Each right and each remedy shall be cumulative and in addition to every other right or remedy provided under this Lease now or hereafter existing at law, in equity or by statute. c. Binding on Successors. This Lease will extend to and be binding upon and inure to the benefit of the respective administrators, successors and assigns, as the case may be, of each party to this Lease. All covenants are to be construed as conditions of this Lease. d. Additional Rent. All sums other than the Total Rent Amount payable by Lessee to the City pursuant to any provision of this Lease will be deemed to be Additional Rent and will be recovered by the City as rental arrears.
e. No Discrimination. Lessee shall not discriminate against any person in relation to Lessee’s performance under this Lease (including any employee or applicant) on the basis of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, or sex. f. Independent Parties. Nothing in this Lease shall be interpreted as creating a

8.a
Packet Pg. 64
Attachment: 2024 California Route 66 Museum Lease Agreement (Final)(378603.2) (5811 : Approve a Three (3) Year Lease with California Route 10 partnership, joint venture, or relationship of principal and agent between City and Lessee.
g. Amendments in Writing. No amendment of this Lease shall be valid unless it is in writing, specifies the nature and extent of the amendment, and is signed by the Parties. h. Captions, Headings. All captions, headings, or titles in the paragraphs or sections of this Lease are inserted for convenience of reference only and shall not constitute a part of this Lease as a limitation of the scope of the particular paragraphs or sections to which they refer.
i. Execution in Counterparts. This Lease may be executed in counterparts, all of which shall be considered one and the same instrument and shall become effective when one or more counterparts have been signed by each of the Parties and delivered to the other Party. Any executed counterpart to this Lease may be delivered by facsimile, .pdf or other electronic means, and any counterpart so delivered shall constitute an original for all purposes.
j. No Presumption Regarding Drafter. The Parties acknowledge and agree that the terms and provisions of this Lease have been negotiated and discussed between and among the Parties and their attorneys and that this lease reflects their mutual agreement regarding the same. Because of the nature of the negotiations and discussions, it would be inappropriate to deem any part to be the drafter of this Lease, and therefore, no presumption for or against validity or as to any interpretation hereof, based on the identity of the drafter, shall be applicable in interpreting or enforcing the Lease. (This space left intentionally blank)

8.a
Packet Pg. 65
Attachment: 2024 California Route 66 Museum Lease Agreement (Final)(378603.2) (5811 : Approve a Three (3) Year Lease with California Route 11 IN WITNESS WHEREOF, the Parties hereto have executed this Lease as of the day and year first above written.

LESSOR
CITY OF BARSTOW, a municipal corporation
By:

Name:

Its:

APPROVED AS TO FORM:
_____________________________
Matthew T. Summers, City Attorney
ATTEST:
_________________________
Andrea Flores, City Clerk
LESSEE
California Route 66 Museum
By:

Name:

Its:

8.a
Packet Pg. 66
Attachment: 2024 California Route 66 Museum Lease Agreement (Final)(378603.2) (5811 : Approve a Three (3) Year Lease with California Route 12 EXHIBIT A
(LEGAL DESCRIPTION)
Tentative Parcel Map 13660, being a subdivision of:

The Northwest one-quarter of Section 6, Township 9 North, Range 1 West, San Bernardino Meridian, in the City of Barstow, County of San Bernardino, State of California, according to the official Plat thereof, together with that portion of the Northeast one-quarter of said Section 6, lying South of the Southerly line of the land conveyed to the State of California, recorded April 15, 1932 in Book 810, Page 27 of Official Records and lying South of the Southerly line of the land conveyed to the San Bernardino County Flood Control District Recorded May 24, 1963 in Book 5916, Page 623, Official Records.

Excepting therefrom the interest in that portion of said Northwest one-quarter as conveyed to the County of San Bernardino recorded June 27, 1927 in Book 243, Page 254, Official Records.

Also excepting therefrom any portion lying South of the centerline of Tract No. 500 of the Atchison, Topeka and the Santa Fe Railroad.

8.a
Packet Pg. 67
Attachment: 2024 California Route 66 Museum Lease Agreement (Final)(378603.2) (5811 : Approve a Three (3) Year Lease with California Route 13 EXHIBIT B
(PREMISES PLAN)

8.a
Packet Pg. 68
Attachment: 2024 California Route 66 Museum Lease Agreement (Final)(378603.2) (5811 : Approve a Three (3) Year Lease with California Route 14 EXHIBIT C
The Lessor will be responsible for maintaining and repairing the following:
• All air conditioners serving thislease space, including heat pumps. • All ductwork & thermostats serving thislease space.
• Light fixtures, except lightbulbs.
• Fire alarmsystem
• Fire sprinklersystem
• Structural repairs asneeded

8.a
Packet Pg. 69
Attachment: 2024 California Route 66 Museum Lease Agreement (Final)(378603.2) (5811 : Approve a Three (3) Year Lease with California Route Regular Meeting
11/18/24 06:00 PM
City Clerk / Records
Maribel Hernandez
Contract
Doc ID: 5809

AGENDA ITEM
AGENDA MATTER:

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BARSTOW AND MAIN STREET MURALS FOR THE PRODUCTION OF "MURALS ALONG MAIN STREET", BARSTOW, CA.

EXECUTIVE SUMMARY:

Main Street Murals is requesting financial assistance from the City to assist them in the cost for the production of two (2) murals per year and/or maintenance of existing murals, along Main Street between 1 st and 7th Streets. This is a two (2) year contract with quarterly payments of $10,000 each.

DISCUSSION:

The Professional Services Agreement between the City of Barstow and Main Street Murals (MSM) for creating murals along Main Street in Barstow expired on July 31, 2024. MSM is now proposing its services again to help the City enhance the downtown area through the creation of new murals and the maintenance of existing ones.

The proposal from MSM is outlined in EXHIBIT A of the contract, which details the expansion of the program. This will involve MSM partnering with the Barstow Schools Art Department to develop a Roadside Electrical Box Art Project.

These efforts will contribute to the existing gallery of historic murals in the Barstow Downtown Main Street District. The murals aim to revitalize and beautify the City, attract tourism, and foster educational creativity within the community. Additionally, MSM will keep producing marketing materials, maintain a website, and promote painting and educational events to ensure ongoing visibility for this expanding project. A successful “Walking Mural Tour” has been organized for the general public and tourist groups, with murals available for viewing on the City’s webpage.

Main Street Murals (MSM) will secure written consent from property owners before commencing work and will take responsibility for maintaining existing murals, including graffiti removal and repairs for any damage. MSM requests an annual payment of $40,000 for professional services from the City. They will be required to provide written updates and financial statements to the City Manager’s office before each payment, which will be shared with the City Council. An annual presentation will be given no later than December 1st of the contract year.

FISCAL IMPACT:

Funding of $40,000 for Fiscal Year 2024/2025 and 2025/2026 Funding Source: Community Promotional Fund - Community Promotion Division; 102.150.542.07.766 RECOMMENDED ACTION:

1. Determine if the program continues to meet the needs of the community; and

2. If yes, authorize the Mayor to sign the two-year Professional Services Agreement between the City of Barstow and Main Street Murals for $40,000 per year/with quarterly payments of $10,000.00. 9 Packet Pg. 70

PROFESSIONAL SERVICES AGREEMENT
(City of Barstow and Main Street Murals)

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Barstow, a California Municipal Corporation (“City”) and Main Street Murals, a California 501(c)(3) Nonprofit Public Benefit Corporation (“MSM”).

2. RECITALS

2.1 MSM will develop, paint and maintain historic murals in the downtown Barstow area and to market these murals as a tourist attraction.

2.2 MSM represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its artists and volunteers. MSM further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and MSM agree as follows:

3. DEFINITIONS

3.1 “Scope of Services”: Such professional services as are set forth in the attached Exhibit A, incorporated herein by this reference.

3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the attached Exhibit B, incorporated herein by this reference.

3.3 “Commencement Date”: December 1, 2024

3.4 “Expiration Date”: December 1, 2026

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the parties or terminated earlier in accordance with Section 17 (“Termination”) below.

5. MSM’S SERVICES

5.1 MSM shall perform the services identified in the scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties and any corresponding increase or decrease in compensation shall be incorporated by written amendment to this Agreement. In no

9.a
Packet Pg. 71
Attachment: Main Street Murals 24-26 (5809 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 2 of 12 ends

event shall the total compensation and costs payable to MSM under this Agreement exceed the sum of Twenty Thousand Dollars and No/Cents ($20,000.00) unless specifically approved in advance and in writing by City.

5.2 MSM shall obtain a City of Barstow business license prior to commencing performance under this Agreement.

5.3 MSM shall perform all work to the highest professional standards of MSM’s profession and in a manner reasonably satisfactory to City. MSM shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the political Reform Act (Government Code Section 81000 et seq.)

5.4 During the term of this Agreement, MSM shall not perform any work for another person or entity for whom MSM was not working at the Commencement Date if both (i) such work would require MSM to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing to MSM’s performance of such work.

5.5 MSM represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by MSM or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Jane Laraman-Brockhurst shall be MSM’s project administrator and shall have direct responsibility for management of MSM’s performance under this Agreement. No change shall be made in MSM’s project administrator without City’s prior written consent.

6. COMPENSATION

6.1 City agrees to compensate MSM for the services provided under this Agreement, and MSM agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule.

6.2 MSM shall submit to City an invoice, on a quarterly basis, for the services performed pursuant to this Agreement. Prior to the first payment, MSM shall provide Articles of Incorporation, proof of 501(c) (3) status and proof of insurance as required in Section 11 of this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten business days of receipt of each invoice, City shall notify MSM in writing of any disputed amounts included on the invoice.

Within thirty calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to MSM.

6.3 Payments for any services requested by City and not included in the Scope of Services shall be made to MSM by City on a time-and-materials basis using MSM’s standard fee schedule. Fees for such additional services shall be paid within sixty days of the date MSM issues an invoice to City for such services.

9.a
Packet Pg. 72
Attachment: Main Street Murals 24-26 (5809 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 3 of 12 ends

7. MURAL DEVELOPMENT

7.1 Mural images shall be painted along Main Street between 1st Street and 7th Street.

7.2 MSM shall be solely responsible for obtaining permission from property owners prior to painting any mural images on private property. Council approval is required for any mural images to be painted on city buildings or property. MSM shall present renderings and locations of proposed mural images to the Council for their approval before any painting work can take place and work erected. The Council’s determination on the mural images and location shall be final.

7.3 MSM or its contract artists (whichever is applicable) holds complete ownership of all visual images/murals and written products developed and produced by the MSM in the performance of this Agreement. MSM shall be solely responsible for the maintenance, repair and upkeep of its murals, including the removal of graffiti.

7.4 The City will provide a link to the MSM’s website.

7.5 MSM represents and warrants that MSM will ensure that it has the legal right to utilize all intellectual property, if applicable, in the development of its murals. MSM further represents that MSM shall hold harmless and defend City for any legal challenges brought against City under intellectual property law in connection with any and all murals developed under this Agreement.

8. RELATIONSHIP OF PARTIES
MSM is, and shall at all times remain as to City, a wholly independent contractor. MSM shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of MSM or any of MSM’s employees, except as set forth in this Agreement. MSM shall not represent that it is, or that any of its agents or employees are, in any manner, employees of City.

9. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by MSM or provided for performance of this Agreement are deemed confidential and shall not be disclosed by MSM without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement.

10. INDEMNIFICATION

10.1 The parties agree that City, its officers, agents, employees and volunteers should, to the fullest extent permitted by law, be protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed

9.a
Packet Pg. 73
Attachment: Main Street Murals 24-26 (5809 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 4 of 12 ends

to provide the fullest protection possible under the law. MSM acknowledges that City would not enter into this Agreement in the absence of MSM’s commitment to indemnify and protect City as set forth herein.

10.2 To the fullest extent permitted by law, MSM shall indemnify, hold harmless and when the City requests, with respect to a claim, provide a deposit for the defense of, and defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, and injury to any property arising out of or in connection with MSM’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of MSM or any of its officers, employees, servants, agents, subcontractors, in the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Such costs and expenses shall include reasonable attorney’s fees due to counsel of City’s choice, expert fees and all other costs and fees of litigation.

10.3 City shall have the right to offset against the amount of any compensation due MSM under this Agreement any amount due City from MSM as a result of MSM’s failure to pay City promptly any indemnification arising under this Section 10 and related to MSM’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable worker’s compensation laws.

10.4 The obligations of MSM under this Section 10 will not be limited by the provisions of any workers’ compensation act or similar act. MSM expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

10.5 MSM agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of MSM in the performance of this Agreement. In the event MSM fails to obtain such indemnity obligations from others as required herein, to the fullest extent permitted by law, MSM agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from the against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of MSM’s subcontractors or any other person or entity involved by, for, with or on behalf of MSM in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

10.6 City does not, and shall not; waive any rights that it may possess against MSM because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

11. INSURANCE

9.a
Packet Pg. 74
Attachment: Main Street Murals 24-26 (5809 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 5 of 12 ends

11.1 During the term of this Agreement, MSM shall carry, maintain and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with MSM’s performance of this Agreement. Such insurance shall be the types and in the amounts as set forth below:

11.1.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and operations hazard, contractual insurance, broad form property damage, independent MSMs, personal injury, underground hazard, and explosion and collapse hazard where applicable.

11.1.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million Dollars ($1,000,000) per incident.

11.1.3 Worker’s Compensation insurance as required by the laws of the State of California.

11.2 MSM shall require each of its subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement.

11.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A: VII in the latest edition of Best’s Insurance Guide.

11.4 MSM agrees that if it does not keep the previously mentioned insurance in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at MSM’s expense, the premium thereon.

11.5 At all times during the term of this Agreement, MSM shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the City and its officers, employees, agents and volunteers as additional insureds. MSM shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s).

11.6 MSM shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverage(s).

11.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City.

9.a
Packet Pg. 75
Attachment: Main Street Murals 24-26 (5809 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 6 of 12 ends

11.8 The insurance provided by MSM shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of MSM’s insurance and shall not contribute with it.

11.9 All insurance coverage provided pursuant to this Agreement shall not prohibit MSM, and MSM’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. MSM hereby waives all rights of subrogation against the City.

11.10 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, MSM shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or MSM shall procure a bond guaranteeing payment of losses and expenses.

11.11 Procurement of insurance by MSM shall not be construed as a limitation of MSM’s liability or as full performance of MSM’s duties to indemnify, hold harmless and defend under Section 10 of this Agreement.
12 MUTUAL COOPERATION

12.1 City shall provide MSM with all pertinent data, documents and other requested information as is reasonably available for the proper performance of MSM’s services under this Agreement.

12.2 In the event any claim or action is brought against City relating to MSM’s performance in connection with this Agreement, MSM shall render any reasonable assistance that City may require.

13. RECORDS AND INSPECTIONS
MSM shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement.

City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings and activities.

14. PERMITS AND APPROVALS
MSM shall obtain at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits, building and safety permits and inspections. 15 NOTICES
Any notice, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service

9.a
Packet Pg. 76
Attachment: Main Street Murals 24-26 (5809 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 7 of 12 ends

during MSM’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City:

City of Barstow
Attention: City Manager
220 East Mountain View Street, Ste. A
Barstow, CA 92311
Telephone: 760-256-3531
If to MSM:

Main Street Murals
Attention: Jane Laraman-Brockhurst
48686 Silver Valley Road
Newberry Springs, CA 92365
Telephone: 760-220-4351
[email protected]
With a courtesy copy to:

Matthew Summers, City Attorney
Colantuono, Highsmith & Whatley, P.C.
790 E. Colorado Blvd, Ste 850
Pasadena, CA 91101
213-542-5703 – D
213-542-5700 – M
213-542-5710 - F

16. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 9, Section 10, Paragraph 12.2 and Section 13 of this Agreement shall survive the expiration or termination of this Agreement.

17. TERMINATION

17.1 City shall have the right to terminate this Agreement for any reason on five calendar days’ written notice to MSM. MSM shall have the right to terminate this Agreement for any reason on sixty calendar days’ written notice to City. MSM agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

17.2 If City terminates this Agreement due to no fault or failure of performance by MSM, then MSM shall be paid based on the work satisfactorily performed at the time of termination. In no event shall MSM be entitled to receive more than the amount that would be paid to MSM for the full performance of the services required by this Agreement.

18. GENERAL PROVISIONS

18.1 MSM shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any

9.a
Packet Pg. 77
Attachment: Main Street Murals 24-26 (5809 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 8 of 12 ends

attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than MSM.

18.2 In the performance of this Agreement, MSM shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition or any other unlawful basis.

18.3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

18.4 The waiver by City or MSM of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or MSM unless in writing.

18.5 MSM shall not be liable for any failure to perform if MSM presents acceptable evidence, in the City’s sole judgment that such failure was due to causes beyond the control and without the fault or negligence of MSM.

18.6 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all or such other rights, powers or remedies. In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees, if any, and attorneys’ fees expended in such action. The venue for any litigation shall be San Bernardino County, California.

18.7 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

9.a
Packet Pg. 78
Attachment: Main Street Murals 24-26 (5809 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 9 of 12 ends

18.8 This Agreement shall be governed and construed in accordance with the laws of the State of California.

18.9 All documents referenced as Exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and MSM with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties.

Amendments hereto or deviations here from shall be effective and binding only if made in writing and executed by City and MSM.
(This space left intentionally blank)

9.a
Packet Pg. 79
Attachment: Main Street Murals 24-26 (5809 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 10 of 12 ends

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “City”
City of Barstow
“MSM”
Main Street Murals
By: By:

Paul Anthony Courtney, Dr.B.A.,
Mayor
Jane Laraman-Brockhurst
Date Date
Attest:

By:

Andrea Flores
City Clerk
Date
Approved as to form:

By:

Matthew Summers
City Attorney
Date

9.a
Packet Pg. 80
Attachment: Main Street Murals 24-26 (5809 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 11 of 12 ends

EXHIBIT A

SCOPE OF SERVICES
This Service Agreement is set out to assist in the development of production of murals, the maintenance of existing murals and to promote the walking gallery tour as a tourist attraction in Barstow.

MSM’s responsibilities are as follows:
 MSM shall produce and complete two murals per fiscal year during the term of the Agreement, pertaining only to the walking gallery of historic murals along Barstow’s Downtown Main Street located between 1st Street and 7th Street.  MSM will seek and execute an agreement with each property owner prior to painting on any site. Each agreement with the property owner shall be filed with the City.  MSM will maintain existing murals; remove graffiti and repair deterioration or damage of murals.
 MSM will continue to produce brochures and related materials, maintain website, and distribute marketing posters and flyers to promote the murals and painting/education events.
 MSM will partner with the Barstow Schools Art Department to create a Roadside Electrical Box Art Project

9.a
Packet Pg. 81
Attachment: Main Street Murals 24-26 (5809 : Main Street Murals Contract) Professional Services Agreement
City of Barstow / Main Street Murals

Page 12 of 12 ends

EXHIBIT B

APPROVED FEE SCHEDULE
Total per fiscal year 24/25: $40,000
Total per fiscal year 25/26: $40,000
MSM shall receive $10,000 on a quarterly basis for services performed pursuant to this Agreement. The first payment of $10,000 shall be processed within sixty days from the execution of the Agreement by both parties. Prior to this payment, MSM shall provide Articles of Incorporation, if amended in 2017, proof of 501(c) (3) status, and Certificate of Insurance as stated in Section 11 of this agreement.

Each invoice shall itemize the services rendered during the billing period and the amount due.

Within ten business days of receipt of each invoice, City shall notify MSM in writing of any disputed amounts included on the invoice. Within thirty calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City s hall not withhold applicable taxes or other authorized deductions from payments made to MSM.

9.a
Packet Pg. 82
Attachment: Main Street Murals 24-26 (5809 : Main Street Murals Contract) Regular Meeting
11/18/24 06:00 PM
Building
Christopher Heldreth
Personnel
Doc ID: 5812

COUNCIL AGENDA ITEM
AGENDA MATTER:

APPROVAL OF A NEW POSITION “COMMUNITY DEVELOPMENT MANAGER” EXECUTIVE SUMMARY:

DISCUSSION:

The Community Development Department comprises various divisions, including the Planning, Economic Development, Administrative Services, Engineering, Fire Prevention, Code Compliance, and Building & Safety Departments. Due to the nature of the duties the Community Development Department is responsible for and to handle current and future workloads associated with the numerous projects on the City of Barstow’s horizon, the Community Development Manager serves to establish the necessary policies, protocols, and procedures to facilitate the services provided by the Community Development Department. The position will predominately oversee the Administrative Services, Planning, and Economic Development and act as the Community Development Director in their absence.

The new Community Development Manager will assist the Community Development Director with the BIG Project, Grant Management, Intergovernmental Service Agreements (IGSA’s), CDBG Funding Management, budget management, financial and audit aspects of grants and contracts, and provide oversight for Administrative Services functions relating to customer service, issuance of building permits and business licenses, scheduling inspections, and completion of mandatory reports. In addition, this position will oversee the Planning Department and the newly created Economic Development Department. The creation of this position is needed to prepare the city for its impending growth and development.

FISCAL IMPACT:

The salary savings from unfilled positions in FY25 are available to support this position through the current fiscal year. The vacant Planning and Community Development Administrator position will be unfunded for FY 26, and staff will appropriately budget for this position in future fiscal years.

RECOMMENDED ACTION:
. Staff recommends that the Council approve the Community Development Manager position, which will be hired at the discretion of the City Manager. . Adopt Resolution No. _____-2024, approving the amended publicly available pay schedule (PAPS) (Attachment A) for FY 2024/2025 with an approval date of November 18, 2024. 10 Packet Pg. 83
RESOLUTION NO. _____-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA AMENDING THE FISCAL YEAR 2024/2025 PUBLICLY AVAILABLE PAY SCHEDULE TO COMPLY WITH CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS) STATUTORY AND REGULATORY REQUIREMENTS PERTAINING TO

PUBLICLY AVAILABLE PAY SCHEDULES
WHEREAS, all employers who contract with the California Public Employee’s Retirement System (CalPERS) must comply with the publicly available pay schedule provisions contained within California Code of Regulations (CCR) 57035; and WHEREAS, it is necessary for the City Council to review and duly approve and adopt, in accordance with requirements of applicable public meetings laws, a publicly available pay schedule; and
WHEREAS, attached to this resolution and incorporated by reference is the City of Barstow’s publicly available pay schedule which will be made publicly available on the City’s website and made available upon request; and
WHEREAS, this resolution confirms and formally adopts the amended publicly available salary schedule on November 18, 2024; and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Barstow hereby:

1. Approves and confirms the amendment to the Fiscal Year 2024/2025 publicly available salary schedule (Attachment A) to comply with California Public Employees’ Retirement System (CalPERS) statuary and regulatory requirements for publicly available pay schedules.
__________________________________
Paul Anthony Courtney, Dr.B.A., Mayor
ATTEST:
__________________________________
Andrea Flores, City Clerk

10.a
Packet Pg. 84
Attachment: CC Agenda - PAPS - 2024_2025 - Amended 11 18 2024 - Final (5812 : Approval of a New Position “Community Development I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. _____-2024 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 6th day of November 18, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Andrea Flores, City Clerk

10.a
Packet Pg. 85
Attachment: CC Agenda - PAPS - 2024_2025 - Amended 11 18 2024 - Final (5812 : Approval of a New Position “Community Development

ATTACHMENT A
FY24/25 Amended
Publicly Available Pay Schedule (PAPS)
November 18, 2024

10.a
Packet Pg. 86
Attachment: CC Agenda - PAPS - 2024_2025 - Amended 11 18 2024 - Final (5812 : Approval of a New Position “Community Development Classification Salary Range
(Tier I) Monthly
Minimum
(Tier I)
Monthly
Maximum
(Tier I)
Monthly
Salary Range
(Tier II)
Minimum
(Tier II)
Monthly
Maximum
(Tier II)
Monthly
Public Services Assistant I 11120 $4,353.99 $5,556.92 11060 $4,101.66 $5,234.87 Environmental Services Assistant I 11120 $4,353.99 $5,556.92 11060 $4,101.66 $5,234.87 Wastewater Plant Operator In Training 11120 $4,353.99 $5,556.92 11060 $4,101.66 $5,234.87 Office Assistant 11170 $4,576.09 $5,840.38 11110 $4,310.88 $5,501.90 Kennel Technician 11170 $4,576.09 $5,840.38 11110 $4,310.88 $5,501.90 Recreation Program Assistant 11170 $4,576.09 $5,840.38 11110 $4,310.88 $5,501.90 Code Compliance Officer I 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 Animal Control Officer 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 Police Services Assistant 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 Public Services Assistant II 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 Environmental Services Assistant II 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 Senior Office Assistant 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 Mechanic in Training - WW 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 Wastewater Treatment Plant Operator 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 Police Officer Trainee 11290 $5,156.45 $6,581.09 11230 $4,857.61 $6,199.68 Code Compliance Officer II 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 Crime Scene Evidence Technician 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 Dispatcher 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 Information Technology Technician 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 Public Services Assistant III 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 Environmental Services Assistant III 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 Accounting Technician 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 Administrative Assistant 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 Senior Police Services Assistant 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 Senior Wastewater Treatment Plant Operator 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 Street Sweeper Operator 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 Code Compliance Officer III 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 Fire Inspector / Arson Investigator 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 Senior Administrative Assistant 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 Senior Accounting Technician 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 Engineering Technician / Inspector 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 Mechanic 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 Mechanic - Wastewater 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 Administrative Coordinator 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 Recreation Program Coordinator 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 Senior Dispatcher 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 Community Development Inspector I 11470 $6,167.88 $7,871.95 11410 $5,810.42 $7,415.73 Senior Code Compliance Officer 11470 $6,167.88 $7,871.95 11410 $5,810.42 $7,415.73 Senior Mechanic 11470 $6,167.88 $7,871.95 11410 $5,810.42 $7,415.73 Tier I Salary Range includes 6% premium for all full time employees with last hire date prior to July 1, 2010.

CITY OF BARSTOW
FY 2024-2025 / Full-Time
Employee Classification / Compensation Program
Effective July 1, 2024
Amendment #1 - November 18, 2024

10.a
Packet Pg. 87
Attachment: CC Agenda - PAPS - 2024_2025 - Amended 11 18 2024 - Final (5812 : Approval of a New Position “Community Development Manager”) Classification Salary Range
(Tier I) Monthly
Minimum
(Tier I)
Monthly
Maximum
(Tier I)
Monthly
Salary Range
(Tier II)
Minimum
(Tier II)
Monthly
Maximum
(Tier II)
Monthly
Tier I Salary Range includes 6% premium for all full time employees with last hire date prior to July 1, 2010.

CITY OF BARSTOW
FY 2024-2025 / Full-Time
Employee Classification / Compensation Program
Effective July 1, 2024
Amendment #1 - November 18, 2024
Senior Mechanic - Wastewater 11470 $6,167.88 $7,871.95 11410 $5,810.42 $7,415.73 Executive Assistant 11520 $6,482.51 $8,273.50 11460 $6,106.82 $7,794.01 Senior Engineering Technician / Inspector 11520 $6,482.51 $8,273.50 11460 $6,106.82 $7,794.01 Senior Crime Scene Evidence Technician 11520 $6,482.51 $8,273.50 11460 $6,106.82 $7,794.01 Code Compliance Supervisor 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 Facilities Maintenance Supervisor 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 Parks & Open Space Supervisor 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 Field Services Supervisor 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 Community Development Inspector II 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 Lead Plant Operator 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 Recreation Activity Coordinator 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 Personnel Services Coordinator 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 Administrative Analyst 11600 $7,019.62 $8,959.02 11540 $6,612.80 $8,439.80 Police Officer 11600 $7,019.62 $8,959.02 11540 $6,612.80 $8,439.80 Senior Community Development Supervisor 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 Facilities Supervisor 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 Fleet Maintenance Supervisor 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 Information Technology Coordinator 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 Police Corporal 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 Police Detective 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 Police Services Supervisor 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 Project Coordinator - Field Inspection 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 Project Coordinator - Industrial Pretreatment 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 Project Coordinator - Office 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 Recreation Program Supervisor 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 Senior Administrative Analyst 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 Senior Community Development Inspector 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 Wastewater Treatment Plant Supervisor 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 Economic Development Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 Public Works Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 Transportation Services Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 Engineering Services Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 Environmental Services Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 Public Information Officer 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 Accountant 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 Planning & Community Development Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 Planning & Environmental Services Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 Animal Services Manager 11810 $8,650.92 $11,041.00 11750 $8,149.56 $10,401.12

10.a
Packet Pg. 88
Attachment: CC Agenda - PAPS - 2024_2025 - Amended 11 18 2024 - Final (5812 : Approval of a New Position “Community Development Manager”) Classification Salary Range
(Tier I) Monthly
Minimum
(Tier I)
Monthly
Maximum
(Tier I)
Monthly
Salary Range
(Tier II)
Minimum
(Tier II)
Monthly
Maximum
(Tier II)
Monthly
Tier I Salary Range includes 6% premium for all full time employees with last hire date prior to July 1, 2010.

CITY OF BARSTOW
FY 2024-2025 / Full-Time
Employee Classification / Compensation Program
Effective July 1, 2024
Amendment #1 - November 18, 2024
Industrial Pretreatment Superintendent 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 Economic Development Specialist 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 IT Superintendent 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 Public Works Superintendent 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 Wastewater Treatment Plant Superintendent 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 Senior Accountant 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 Parks & Recreation Superintendent 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 Principal Accountant 11890 $9,367.71 $11,955.84 11830 $8,824.81 $11,262.94 Human Resources Manager 11920 $9,651.56 $12,318.11 11860 $9,092.21 $11,604.22 Information Technology Manager 11920 $9,651.56 $12,318.11 11860 $9,092.21 $11,604.22 Police Sergeant 11920 $9,651.56 $12,318.11 11860 $9,092.21 $11,604.22 Administrative Services Manager 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 Community Development Manager 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 Assistant Finance Director 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 Public Works Manager 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 Chief Waste Water Plant Operator 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 City Clerk Services Manager 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 City Planner 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 Economic Development Manager 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 Police Lieutenant 12090 $11,430.39 $14,588.39 12030 $10,767.94 $13,742.92 City Engineer 12170 $12,377.47 $15,797.14 12110 $11,660.14 $14,881.62 City Building Official/Fire Marshal 12170 $12,377.47 $15,797.14 12110 $11,660.14 $14,881.62 Assistant to the City Manager 12170 $12,377.47 $15,797.14 12110 $11,660.14 $14,881.62 General Manager Enviro SVCS 12170 $12,377.47 $15,797.14 12110 $11,660.14 $14,881.62 Economic Development & Planning Manager 12170 $12,377.47 $15,797.14 12110 $11,660.14 $14,881.62 Police Captain 12170 $12,377.47 $15,797.14 12110 $11,660.14 $14,881.62 Finance Director 12380 $15,253.90 $19,468.27 12320 $14,369.86 $18,339.99 Police Chief 12380 $15,253.90 $19,468.27 12320 $14,369.86 $18,339.99 Community Development Director 12380 $15,253.90 $19,468.27 12320 $14,369.86 $18,339.99 Economic Development Director 12380 $15,253.90 $19,468.27 12320 $14,369.86 $18,339.99 Assistant City Manager 12400 $15,560.49 $19,859.58 12340 $14,658.69 $18,708.62 Director of Public Safety/Chief of Police 12440 $16,192.29 $20,665.95 12380 $15,253.87 $19,468.26

10.a
Packet Pg. 89
Attachment: CC Agenda - PAPS - 2024_2025 - Amended 11 18 2024 - Final (5812 : Approval of a New Position “Community Development Manager”) Classification Salary Range Mininum
Monthly
Maximum
Monthly
Public Safety Dir./Chief of Police/Interim City
Manager 002 $22,791.09 $22,791.09
*Salary ranges are determined by negotiated contracts.

Classification Salary Range Minimum
Hourly
Maximum
Hourly
PT-RecLeader/Lifeguard (&) 10430 $12.64 $16.14
PT-Rec Leader 10430 $12.64 $16.14
PT-Maintenance Worker I 10430 $12.64 $16.14
PT-RecLeader/Senior Lifeguard (&) 10550 $14.25 $18.18
PT-Senior RecLeader 10550 $14.25 $18.18
PT-Pool Manager 10770 $17.73 $22.63
& PT Rec Leader/Lifeguard and PT-Rec Leader/Senior Lifeguard positions shall receive an additional $2.50 per hour for ony those hours worked in the capacity as a certified lifeguard. Employees must attain and maintain required lifeguard certifications throughout the course of their employment.

FY 2024-2025 / Part-Time - Casual
Employee Classification / Compensation Program
Effective July 1, 2024
Amendment #1 - November 18, 2024

CITY OF BARSTOW - CONTRACT EMPLOYEES
FY 2024-2025 / Contract*
Employee Classification / Compensation Program
Effective July 1, 2024
Amendment #1 - November 18, 2024

CITY OF BARSTOW

10.a
Packet Pg. 90
Attachment: CC Agenda - PAPS - 2024_2025 - Amended 11 18 2024 - Final (5812 : Approval of a New Position “Community Development Classification Salary Range Minimum
Monthly
Maximum
Monthly
Firefighter Trainee 11230 $4,857.61 $6,199.68
Firefighter / EMT 11380 $5,639.54 $7,197.64
Firefighter / Paramedic 11480 $6,229.56 $7,950.67
Fire Engineer 11580 $6,881.31 $8,782.48
Fire Captain 11800 $8,565.28 $10,931.70
Fire Battalion Chief 11880 $9,274.96 $11,837.46
Assistant Fire Chief 11890 $9,367.72 $11,955.84
Fire Division Chief 12050 $10,984.38 $14,019.15
Fire Chief 12320 $14,369.86 $18,339.99
Classification Salary Range Min. Max.

Paid Call Firefigher 10430 $12.64 $16.14
FY 2024-2025
Employee Classification / Compensation Program
Effective July 1, 2024
Amendment #1 - November 18, 2024

BARSTOW FIRE PROTECTION DISTRICT
FY 2024-2025 / Full-Time
Employee Classification / Compensation Program
Effective July 1, 2024
Amendment #1 - November 18, 2024

BARSTOW FIRE PROTECTION DISTRICT

10.a
Packet Pg. 91
Attachment: CC Agenda - PAPS - 2024_2025 - Amended 11 18 2024 - Final (5812 : Approval of a New Position “Community Development Manager”) Regular Meeting
11/18/24 06:00 PM
City Clerk / Records
Maribel Hernandez
Report
Doc ID: 5814

AGENDA ITEM
AGENDA MATTER:

CITY MANAGER'S OCTOBER 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.
11 Packet Pg. 92
Message from Andrew Espinoza, Jr., Interim City Manager OCTOBER 2024 CITY MANAGER UPDATE
Andrew Espinoza Jr.

Interim City Manager
As we approach the end of the year, a slowdown may be expected. However, October turned out to be an exceptionally busy month for both myself and the team. Be sure to check out my October update, where you can explore all the exciting activities we engaged in.

The City and BNSF Railway held a Community Meeting on October 3rd to provide updates on the important ‘BIG’ project and the developmental enhancements that will influence the city's future.

These initiatives demonstrate the city's dedication to a positive and progressive direction for the entire community.

The City organized a Trunk or Treat event and hosted a haunted house at the Harvey House. We hope you had a chance to join in the fun. Here are some pictures from the events.

11.a
Packet Pg. 93
Attachment: October CM 2024 (5814 : City Manager's October 2024 Update) POLICE
On Friday, October 4, 2024, at approximately
2:12 P.M., Barstow Police Department's K9
Officer conducted a traffic enforcement stop of
a semi-truck and trailer.

During the traffic stop, the department's K9
Officer deployed his K9 partner, Bailey, to check
for the presence of illegal narcotics. K9 Bailey
alerted on the trailer, indicating that illegal
narcotics were detected.

The K9 Officer searched the trailer and located
155 (approximately 341 lbs.) individually
packaged kilograms of Cocaine.

The driver, Leon Edgar Salinas, a 29-year-old
resident of Mexico, was arrested and booked at
the San Bernardino County Sheriff’s
Department High Desert Detention Center Jail
for H&S 11351-Possession of Cocaine for Sales
and H&S 11352-Transportation of Cocaine. On Tuesday, October 15, 2024, at approximately 3:42 A.M., Barstow Police
Department’s K9 Officer conducted a traffic
enforcement stop of a vehicle
During the traffic stop, the department’s K9
Officer deployed his K9 partner, Bailey to
check for the presence of illegal narcotics. K9
Bailey alerted on the vehicle, indicating that
illegal narcotics were detected.

The K9 Officer searched the vehicle and
located approximately 86,000 Fentanyl pills,
or approximately 20 pounds.

Jesus Casteneda and Daniel Quevodo were
both booked at the San Bernardino County
Sheriff’s Department Jail in Barstow for H&S
11351(a) – Possession of a Controlled
Substance for Sales and H&S 11352 –
Transportation of a Controlled Substance for
Sales.

11.a
Packet Pg. 94
Attachment: October CM 2024 (5814 : City Manager's October 2024 Update)

COMMUNITY DEVELOPMENT
B.I.G Community Update Meeting
On October 3rd, the City, in collaboration with BNSF and the consulting firm PlaceWorks, hosted a community update meeting at Barstow Community College. The presentation covered topics such as the Barstow International Gateway (BIG) and provided an overview of the current status of the comprehensive General Plan Update (GPU).

The event saw strong attendance, giving the opportunity to engage with the community regarding our draft Land Use Exhibit and gather valuable feedback. We encourage the public to stay informed and share their thoughts throughout the GPU process.

The presentation on the General Plan Update is available on the City’s General Plan Update webpage, and the entire event was recorded and can be viewed on the City’s YouTube channel. Planning staff eagerly anticipates our next community event and warmly invites everyone to join!

11.a
Packet Pg. 95
Attachment: October CM 2024 (5814 : City Manager's October 2024 Update) Barstow Fire Protection District
Monthly Update
November 2024
On-Duty Personnel participated Mardi Gras Parade
Pacific Gas and Electric Training: ME366/BC4712 attended Hinkley Sub-Station for Multi-Hazard/Agency Response Conducted Firefigther and Firefighter/Paramedic Testing-Fire Chief Interviews Early November Vector Scheduling Staffing Program: Implementation and Trial Period On-Duty Crews attended numerous Trunk or Treat Events and Harvey Haunted House Captain Miller LODD: Supported Miller Family and District Personnel Supported Barstow Community College Farmer's Market
Fire Safety Presentation at the Barstow Senior Citizen
Attended 25th Annual Main Street Car Show
Monthly Training Hours-571 Recurrent and Medical Training for all personnel Emergency Responses

11.a
Packet Pg. 96
Attachment: October CM 2024 (5814 : City Manager's October 2024 Update) Public Works Departments
Fleet Maintenance:
• Mechanics are doing preventive maintenance to the crack sealer by changing the “Heat Transfer Oil.” Changing the oil the heat transfer oil every year ensures the safety of the machine and melts the material effective for street crews to start pavement perseveration application.

Fleet Maintenance continues with routine maintenance with city fleet.

11.a
Packet Pg. 97
Attachment: October CM 2024 (5814 : City Manager's October 2024 Update) Street Maintenance:
• Pavement Preservation (Crack Sealing
and Mastic Sealing) will start in November.

Street crews will address Main St. between
Avenue “L” and Yucca Ave. Logistics planning
with engineering will determine what other
streets will be scheduled. The crack-sealing
machine was sent to Fontana to Crafco,
where it was inspected and repaired to
ensure safe operation.
• Several more locations of buckled
sidewalk repaired were completed. Now
that the weather is colder, caution has to be
exercised due to freezing.
• The removal and replacement of
Reflective Pavement Markers is scheduled
for November.
• Christmas decorations are scheduled to
be placed on street light poles on Main St.,
Barstow Rd. and in front of City Hall.
• Street crews are repairing retention basins for the winter rains. This one is located next to Chili’s Restaurant. Other channels and retention basins are scheduled for the winter months to come. They will be repairing erosion and inspecting drain culverts. Next month Public Works is anticipating delivery of the new loader that caught fire earlier this year. The big loader is the primary equipment to rehab the city’s channels.

11.a
Packet Pg. 98
Attachment: October CM 2024 (5814 : City Manager's October 2024 Update) Park/Open Spaces:

Park staff will be spraying Pesticides for weed control; this will minimize labor-intensive weed removal.

Trees will be trimmed next week to accommodate for Christmas decorations and the tree ceremony.

Park staff is ramping back watering schedules in landscape areas and parks. Summer was a little longer this year than normal. The weather determines watering schedules to preserve the turf's health. Aeration and mulch are scheduled for November.

11.a
Packet Pg. 99
Attachment: October CM 2024 (5814 : City Manager's October 2024 Update) Facility Maintenance:
• Cora Harper administrative office flooring and cabinets are completed. Next staff will build office desk, and IT will place computers back on desk. Barstow Glass will be install a • Remodeling has started again at P.D. for
the Sergeants office. The office will gain
more square footage by eliminating a
room. Next upgrade will be the
Interview room/Booking room. Both
rooms will receive new ADA compliant
doors, carpet, and cabinetry.

11.a
Packet Pg. 100 Attachment: October CM 2024 (5814 : City Manager's October 2024 Update)

11.a
Packet Pg. 101 Attachment: October CM 2024 (5814 : City Manager's October 2024 Update)

Barstow City CouncilNovember 18, 2024

Barstow City Council
November 18, 2024