Agenda packet — Barstow City Council, February 3, 2025

BARSTOW CITY COUNCIL /

BARSTOW FIRE PROTECTION DISTRICT

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
FEBRUARY 3, 2025
5:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA

JOINT SPECIAL MEETING
Agenda-February 3, 2025

Page 1 of 5 ends

MAYOR
Timothy R. Silva

COUNCILMEMBERS
Carmen M. Hernandez
James M. Noble
Barbara Mae Rose
John “Tex” Williams

ELECTED CITY CLERK
Andrea Flores

ELECTED CITY TREASURER
Michael Lewis

PLANNING COMMISSIONERS
Juanantonio DeLucas
Andrew Ziemer
Beatrice Lint
Paul Niemeyer
Ted Weasma

BARSTOW FIRE PROTECTION

DISTRICT
A Subsidiary District of the City of
Barstow
Timothy R. Silva
Carmen M. Hernandez
James M. Noble
Barbara Mae Rose
John “Tex” Williams

AMENDED
CALL TO ORDER CLOSE SESSION 5:00 PM:

INVOCATION:

PLEDGE OF ALLEGIANCE:

ROLL CALL:
 Council Member Carmen Hernandez
 Council Member James Noble
 Council Member John “Tex” Williams
 Mayor Pro Tem Barbara Rose
 Mayor Timothy Silva
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-February 3, 2025

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.

CLOSED SESSION AGENDA ITEMS:

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

Pursuant to Government Code Section 54956.9(d)(2) & (e)(1), a point has been reached where, in the opinion of the City Council, on the advice of its legal counsel, based on the belowdescribed 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. CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action:
(Gov. Code § 54957.6)
District Negotiators: Acting City Manager/District Manager Chris Heldreth & Barstow Fire Protection District Chief Cory Cisneros
Employee Organization: Barstow Professional Firefighters Association

3. PUBLIC EMPLOYEE APPOINTMENT
Recommended Action:
(Gov. Code § 54957)
Position Title: City Manager

4. PUBLIC EMPLOYMENT
Recommended Action:
(Gov. Code § 54957)
Position Title: Interim City Manager, Public Safety Director, Police Chief REPORT OF CLOSED SESSION:

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

INVOCATION:

PLEDGE OF ALLEGIANCE:

ROLL CALL:
 Council Member Carmen Hernandez
 Council Member James Noble
 Council Member John “Tex” Williams
 Mayor Pro Tem Barbara Rose
 Mayor Timothy R. Silva
Agenda-February 3, 2025

Page 3 of 5 ends

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

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

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

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

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

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

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

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

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

PRESENTATIONS:

5. FY 2024/2025 STREET-RELATED CAPITAL IMPROVEMENT PROJECT UPDATE Recommended Action:

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

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

MINUTES ALL AGENCIES:

NONE
ACCOUNTS PAYABLE ALL AGENCIES:

NONE
CITY COUNCIL:

6. SECOND READING OF ORDINANCE ADDING SECTION 1.01.240 TO THE BARSTOW

MUNICIPAL CODE ESTABLISHING ADMINISTRATIVE REMEDIES PROCEDURE FOR

CHALLENGES TO FEES, CHARGES, AND ASSESSMENTS
Recommended Action:

Staff recommends the City Council adopt this Ordinance adding section 1.01.240 to the Barstow Municipal Code establishing an administrative remedies procedure for challenges to fees, charges, and assessments.

Attachments:

Agenda-February 3, 2025

Page 4 of 5 ends

Exhibit A: Ordinance No. 1026-2024 to Establish Administrative Remedies Procedure to Challenges to Fees, Charges, and Assessments.

7. SECOND READING - ORDINANCE NO. 1027-2025 APPROVING A DEVELOPMENT AGREEMENT WITH LEWIS LAND DEVELOPERS, LLC FOR A 146-UNIT SINGLE-FAMILY

RESIDENTIAL HOUSING PROJECT LOCATED AT THE SOUTHWEST CORNER OF

RIMROCK ROAD AND HIGGINS ROAD
Recommended Action:

Staff recommends that the City Council adopt Ordinance No. 1027-2025 approving a development agreement with Lewis Land Developers, LLC for a 146-unit single family residential housing project located on the southwest corner of Rimrock Road and Higgins Road, as recommended by the Planning Commission at its December 9, 2024 meeting.

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:

NONE
BUSINESS / ACTION ITEMS:

CITY COUNCIL:

8. RECLASSIFICATION OF THE FIREFIGHTER/EMT POSITION TO SALARY GRADE 11480 Recommended Action:

Staff recommends that the Barstow Fire Protection District Board:

1. Approve the reclassification of the Firefighter/Emergency Medical Technician (EMT) position to salary grade 11480 ($6,229.56 - $7,950.67 per month) (Attachment B).

9. RECOMMENDATION TO RENAME THE SENIOR CENTER IN HONOR OF JEFF L. EASON SR.

Recommended Action:

Adopt Resolution No. _____-2025 authorizing the renaming of the Senior Center to "Jeff L.

Eason Sr. Senior Center" in honor of Jeff L. Eason Sr.,and waive the reading.

10. FIRST READING AND INTRODUCTION OF A RESOLUTION REQUIRING THE RESIDENTS’ COMMITTEE, CREATED BY SECTION 3.33.120 OF THE CITY OF BARSTOW MUNICIPAL CODE, TO MEET MONTHLY.

Recommended Action:

Staff recommends the City Council adopt Resolution No. ___-2025, requiring the Residents’ Committee to meet monthly.

11. 2024 CHRISTMAS TREE LIGHTING EVENT
Recommended Action:

Receive and file.

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.

Agenda-February 3, 2025

Page 5 of 5 ends

STAFF REPORTS:

COUNCIL COMMITTEE REPORTS:

BUSINESS OF THE COUNCIL:

ADJOURNMENT:

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

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

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

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

Posted on the 31
ST day of January, 2025.

Joint Special Council/BFPD
02/3/25 05:00:PM
Maria Chavez
Doc ID: 5863

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None
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 1 Packet Pg. 6
Joint Special Council/BFPD
02/3/25 05:00:PM
Maria Chavez
Doc ID: 5866

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LABOR NEGOTIATOR
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:
(Gov. Code § 54957.6)
District Negotiators: Acting City Manager/District Manager Chris Heldreth & Barstow Fire Protection District Chief Cory Cisneros
Employee Organization: Barstow Professional Firefighters Association 2 Packet Pg. 7
Joint Special Council/BFPD
02/3/25 05:00:PM
Maria Chavez
Doc ID: 5864

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

PUBLIC EMPLOYEE APPOINTMENT
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:
(Gov. Code § 54957)
Position Title: City Manager
3 Packet Pg. 8
Joint Special Council/BFPD
02/3/25 05:00:PM
Maria Chavez
Doc ID: 5865

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

PUBLIC EMPLOYMENT
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:
(Gov. Code § 54957)
Position Title: Interim City Manager, Public Safety Director, Police Chief 4 Packet Pg. 9
Joint Special Council/BFPD
02/3/25 05:00 PM
City Manager Department
Christopher Heldreth
Presentation
Doc ID: 5861

COUNCIL AGENDA ITEM
AGENDA MATTER:

FY 2024/2025 STREET-RELATED CAPITAL IMPROVEMENT PROJECT UPDATE EXECUTIVE SUMMARY:

An update regarding FY 2024/2025 street-related projects will be presented to the City Council.

DISCUSSION:

See above.

FISCAL IMPACT:

None. Current projects being discussed have been previously approved by the City Council.

RECOMMENDED ACTION:

Presentation Only
5 Packet Pg. 10
Joint Special Council/BFPD
02/3/25 05:00 PM
City Manager Department
Matthew Summers
Ordinance
Doc ID: 5867

COUNCIL ORDINANCE
AGENDA MATTER:

SECOND READING OF ORDINANCE ADDING SECTION 1.01.240 TO THE BARSTOW MUNICIPAL

CODE ESTABLISHING ADMINISTRATIVE REMEDIES PROCEDURE FOR CHALLENGES TO FEES,

CHARGES, AND ASSESSMENTS
EXECUTIVE SUMMARY:

Staff recommends the City Council adopt the ordinance adding Section 1.01.240 to the Barstow Municipal Code establishing an administrative remedies procedure for challenges to fees, charges, and assessments.

At the December 16, 2024 City Council meeting, the City Council introduced this ordinance for a first reading. The ordinance is presented for its second reading and adoption.

DISCUSSION:

Background:

Assembly Bill 2257 (2024) (adding Government Code sections 53759.1 and 53759.2) provides the City with a new tool to defend against challenges to fees, charges, and assessments adopted under Prop. 218 (Cal. Const., Art. XIII D). If the City follows certain procedures, a ratepayer who fails to submit a written objection before the close of the Prop. 218 protest hearing will be barred from challenging the fee, charge, or assessment later on.

The California Constitution grants the City additional authority to enforce any local, police, sanitary, or other ordinance not in conflict with general laws, and to establish and operate public works upon conditions and under regulations that the City may prescribe. (Cal. Const., Art. XI, §§ 7, 9.) Based on this authority, the ordinance also requires objections be timely submitted to challenge fees or charges adopted under Article XIII C of the California Constitution, any assessment on real property, or the methodology used to develop any fee, charge, or assessment.

The proposed ordinance requires anyone who wants to file a lawsuit challenging a City fee or assessment subject to Proposition 218 to file their detailed objections, in writing, before the end of the public hearing.

Ordinance:

This ordinance establishes the process the City must follow to limit challenges as described above. The City must:

1. Make the proposed fee, charge, or assessment publicly available at least 45 days before the deadline for submitting written objections;

2. Post a written basis for the proposed fee, charge, or assessment on the City’s website and include a link to that website on public hearing notices sent to ratepayers or property owners;

3. Mail the written basis for the proposed fee, charge, or assessment to ratepayers or property owners upon request;

4. Provide at least 45 days for ratepayers or property owners to submit written objections to the fee, charge, or assessment;

5. Respond in writing to any timely submitted objections with an explanation for keeping or changing the proposed fee, charge, or assessment;
6 Packet Pg. 11
Joint Special Council/BFPD
02/3/25 05:00 PM
City Manager Department
Matthew Summers
Ordinance
Doc ID: 5867

COUNCIL ORDINANCE

6. Present any timely submitted objections and responses thereto to the City Council for its consideration, either before or during the public hearing on the proposed fee, charge, or assessment;

7. Include on its public hearing notices a statement in bold-faced type of 12 points or larger:
a. That all written objections must be submitted to the City Clerk by the end of public comment period at the hearing, that a failure to timely object in writing bars any right to challenge that fee, charge, or assessment in court, and that any such action will be limited to issues identified in such objections; and
b. All substantive and procedural requirements for submitting an objection to the proposed fee, charge, or assessment.

ENVIRONMENTAL REVIEW:

The adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 21065 and 15061(b)(3) as the establishment of an administrative remedies procedure will not result in a reasonably foreseeable direct or indirect physical change in the environment.

FISCAL IMPACT:

The development of the proposed ordinance is within the existing budget for staff’s duties. The adoption and implementation of the proposed ordinance will have an uncertain, but expected to be positive, fiscal impact as it increases the defensibility of the City’s sewer rates and other fees and assessments subject to Proposition 218, such as Landscape and Lighting Act fees.

RECOMMENDED ACTION:

Attachments:

1. Exhibit A: Ordinance No. 1026-2024 to Establish Administrative Remedies Procedure to Challenges to Fees, Charges, and Assessments.
6 Packet Pg. 12
Ordinance No. 1026-2023 1
ORDINANCE NO. 1026-2024

AN ORDINANCE OF THE CITY OF BARSTOW ADDING SECTION

1.01.240 TO CHAPTER 1.01 OF TITLE 1 OF THE BARSTOW CITY

CODE ESTABLISHING AN ADMINISTRATIVE REMEDIES

PROCEDURE FOR CHALLENGES TO FEES, CHARGES, AND

ASSESSMENTS
Be it ordained by the Council of the City of Barstow:

Section 1. AUTHORITY. This Ordinance is authorized by the City’s authority under California Constitution, article XI, sections 7 (police power) and 9 (utility power) as well as Government Code section 53759.1.

Section 2. CODE AMENDMENT. Chapter 1.01 of Title 1 of the Barstow City Code is hereby amended to add a new section 1.01.240 to read as follows:

Section 1.01.240 — Exhaustion of administrative remedies for challenges to fees, charges, and assessments on real property.

A. Scope. The duty to exhaust administrative remedies imposed by this section extends to:
a. any fee or charge subject to articles XIII C or XIII D of the California Constitution,
b. any assessment on real property levied by the City, and c. the methodology used to develop and levy such a fee, charge, or assessment.

B. “Hearing” as used in this section means the hearing referenced in paragraph 4 of subsection D of this section.

C. Duty to Exhaust Issues. No person may bring a judicial action or proceeding alleging noncompliance with the California Constitution or other applicable law for any new, increased, or extended fee, charge, or assessment levied by the City, unless that person submitted to the City Clerk a timely, written objection to that fee, charge, or assessment specifying the grounds for alleging noncompliance. The issues raised in any such action or proceeding shall be limited to those raised in such an objection unless a court finds the issue could not have been raised in such an objection by those exercising reasonable diligence.

D. Procedures. The City shall:
(1) Make available to the public any proposed fee, charge, or assessment to which this section is to apply no less than 45 days before the deadline for a

6.a
Packet Pg. 13
Attachment: Ord 1026-2024 adding Section 1.01.240 Re Exhausting Remedies for Prop 218 Challenges DRAFT (5867 : Second Reading Ordinance No. 1024-2023 2
ratepayer or assessed property owner to submit an objection pursuant to paragraph 4 of this subsection D.
(2) Post on its internet website a written basis for the fee, charge, or assessment, such as a cost of service analysis or an engineer’s report, and include a link to the internet website in the written notice of the Hearing, including, but not limited to, a notice pursuant to subdivision (c) of Section 4 or paragraph (1) of subdivision (a) of Section 6 of Article XIII D of the California Constitution. (3) Mail the written basis described in paragraph 2 of this subsection D to a ratepayer or property owner on request.
(4) Provide at least 45 days for a ratepayer or assessed property owner to review the proposed fee or assessment and to timely submit to the City Clerk a written objection to that fee, charge, or assessment that specifies the grounds for alleging noncompliance. Any objection shall be submitted before the end of the public comment portion of a Hearing on the rate, charge or assessment. (5) Include in a written notice of the Hearing, a statement in bold-faced type of 12 points or larger:
(A) That all written objections must be submitted to the City Clerk by the end of public comment period at the Hearing and that a failure to timely object in writing bars any right to challenge that fee, charge, or assessment in court and that any such action will be limited to issues identified in such objections. (B) All substantive and procedural requirements for submitting an objection to the proposed fee, charge, or assessment such as those specified for a propertyrelated fee under California Constitution, article XIII D, section 6(a) or for an assessment on real property under California Constitution, article XIII D, section 4(e).

E. Council Consideration; City Responses. Before or during the Hearing, the City Council shall consider and the City shall respond in writing to, any timely written objections. The City Council may adjourn the Hearing to another date if necessary to respond to comments received after the agenda is posted for the meeting at which the Hearing occurs. The City’s responses shall explain the substantive basis for retaining or altering the proposed fee, charge, or assessment in response to written objections, including any reasons to reject requested amendments.

F. City Council Determinations. The City Council, in exercising its legislative discretion, shall determine whether:
(1) The written objections and the City’s response warrant clarifications to the proposed fee, charge, or assessment.
(2) To reduce the proposed fee, charge or assessment.

6.a
Packet Pg. 14
Attachment: Ord 1026-2024 adding Section 1.01.240 Re Exhausting Remedies for Prop 218 Challenges DRAFT (5867 : Second Reading Ordinance No. 1024-2023 3
(3) To further review the proposed fee, charge, or assessment before determining whether clarification or reduction is needed. (4) To proceed with the Hearing, to continue it, or to abandon the proposal.

SECTION 3. CEQA FINDINGS. The City Council finds that adoption of this Ordinance is exempt from CEQA because: (i) it is not a project within the meaning of Public Resources Code, section 21065 because it has no potential to alter the physical environment; (ii) and pursuant to CEQA Guidelines section 15061(b)(3), the so-called “common sense” exemption, for this same reason.

SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.

SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect 30 days after its adoption pursuant to Government Code section 36937.

SECTION 6. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published pursuant to Government Code section 36933.

INTRODUCED and first read at a regular meeting of the City Council on the 16th day of December 2024.

FINAL PASSAGE AND ADOPTION by the City Council of the City of Barstow was at a meeting held on the 3
rd day of February 2025, by the following vote:

6.a
Packet Pg. 15
Attachment: Ord 1026-2024 adding Section 1.01.240 Re Exhausting Remedies for Prop 218 Challenges DRAFT (5867 : Second Reading Joint Special Council/BFPD
02/3/25 05:00 PM
Planning Commission
Genesis Jordan
Tract Maps
Doc ID: 5862

COUNCIL AGENDA ITEM
AGENDA MATTER:

SECOND READING - ORDINANCE NO. 1027-2025 APPROVING A DEVELOPMENT AGREEMENT WITH LEWIS LAND DEVELOPERS, LLC FOR A 146-UNIT SINGLE-FAMILY RESIDENTIAL HOUSING

PROJECT LOCATED AT THE SOUTHWEST CORNER OF RIMROCK ROAD AND HIGGINS ROAD EXECUTIVE SUMMARY:

EXECUTIVE SUMMARY:

Staff recommends the City Council conduct a second reading of Ordinance No. 1027-2025 approving a Development Agreement with Lewis Land Developers, LLC, for the development of a housing project. The proposed project consists of 146 single-family residential units, and two infrastructure lots, on an approximately 36.06 acre site at the southwest corner of Rimrock Road and Higgins Road. The City’s Planning Commission previously approved the project in 2013, extending a prior approval from 2006.

Lewis Land Developers, LLC intends to take over and complete the long-stalled project, given improved market conditions, and requests the City Council approve the proposed Development Agreement extending the project’s Vesting Tentative Map No. 17713 and modifying certain traffic improvements conditions. The Planning Commission recommends the Development Agreement pursuant to Resolution 565-2024.

Ordinance No. 1027-2025 was introduced and the First Reading approved by the City Council January 21. 2025.

The City’s approval of the proposed Development Agreement and related Planning Commission Resolution and City Council Ordinance do not require further review under the California Environmental Quality Act as the proposed vesting tentative tract map extension and project conditions modifications approved by the Development Agreement are consistent with the project’s previously adopted Negative Declaration and Initial Study, which satisfied CEQA’s requirements.

DISCUSSION:

DISCUSSION:
7 Packet Pg. 16
Joint Special Council/BFPD
02/3/25 05:00 PM
Planning Commission
Genesis Jordan
Tract Maps
Doc ID: 5862

COUNCIL AGENDA ITEM
The City previously approved a 146-unit single-family residential project for this approximately

36.06 acre site located at the southwest corner of Rimrock Road and Higgins Road. Specifically, on August 21, 2006, the City Council approved a General Plan Amendment #06-03 and a Zone Change #06-03 changing the zoning designation from Mixed Land Use to former Single-Family Residential (RS-6). The Tentative Tract Map (TTM) #17713 was approved by the Planning Commission on June 12, 2006, and the Mitigated Negative Declaration (MND) was adopted on August 21, 2006. The MND recertified the TTM to create 148 parcels from 9 parcels. The MND reaffirmed the 2006 approval of the projects proposed 148 lot subdivision– divided into 146 single-family dwelling unit residential lots and 2 non-residential infrastructure lots. The Planning Commission later approved a Vesting Tentative Tract Map for the project on March 11, 2013, relying on the 2006 MND, and reaffirming the project’s approved 146 single-family residential lots and two non-residential lettered lots (non-buildable, used for infrastructure such as drainage control).

This proposed density of approximately 4 units per acre is less than the maximum allowed density in the Diverse Use zone per Barstow Municipal Code section 19.12.020. The proposed lots are also consistent with the minimum lot sizes identified in Barstow Municipal Code Chapter

19.10.040.

The proposed Development Agreement:
 Extends the life of the project’s existing Vesting Tentative Map approval, which approved a project of 146 single-family residential units on approximately 36.06 acres.  Extends the vesting tentative tract map for an additional ten (10) year period, plus an option to extent for one five (5) year period.
 Modifies certain roadway improvements conditions to be consistent with the City’s Circulation Element and updated traffic improvements planning.  Removes the Higgins Road developments.
7 Packet Pg. 17
Joint Special Council/BFPD
02/3/25 05:00 PM
Planning Commission
Genesis Jordan
Tract Maps
Doc ID: 5862

COUNCIL AGENDA ITEM
The Higgins Road developments were also removed from this project for several reasons.

There is an existing raised center median in Rimrock Road which would need to be removed and modified to permit access onto Higgins Road. Higgins Road is also not a through street on the north side of Rimrock Road because it is segmented between Rimrock Road and Forane Street.

Furthermore, Southern California Edison is on the south side of Rimrock Road while the Desert Heights Apartments are on the north side of Rimrock Road; the proximity of Higgins Road to these two location would potentially cause traffic turning and moving conflicts at these two locations. Finally, there is a high-voltage, electrical transmission line within an easement on Higgins Road. This transmission line crosses over Rimrock Road from the north and continues south for approximately one mile where it connects to another major transmission line. Any improvements to Higgins Road would require the relocation and undergrounding of the line which is extremely costly.

Montara Road is the preferred point of access, and it is approximately 1,200 feet east of the project site. Future development in this area will include local streets connecting to the future extension of Montara Road—which is a four lane, primary high capacity road able to support development in this area—a better alternative to Higgins Road, which is a two lane collector street. Montara Road provides better access for this project as well as future development of the vacant land south of Rimrock Road.

Surrounding Uses
Figure 1 includes an aerial photograph of the project site and shows surrounding land uses.

Properties to the north include residential neighborhoods and a park; to the south properties are vacant; to the east uses include Southern California Edison Offices and vacant properties; and properties to the west include residential neighborhoods.

Figure 1: Aerial Photo of Tentative Tract Area
7 Packet Pg. 18
Joint Special Council/BFPD
02/3/25 05:00 PM
Planning Commission
Genesis Jordan
Tract Maps
Doc ID: 5862

COUNCIL AGENDA ITEM
Since 1969, California has required that all cities and counties adequately plan to meet the housing needs of everyone in their communities. This is accomplished through the adoption of a Housing Element of the General Plan. The Development Agreement and its proposed Project is consistent with the actions, goals, objectives, and policies of the City's General Plan and Zoning Regulations because the site is zoned Diverse Use, which allows single-family residential development and is within the maximum density allowed in the Diverse Use zone. The proposed project is also consistent with the Housing Element.

ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act ("CEQA") based on an Initial Study and previously certified Mitigated Negative Declaration (MND) in 2006 for the Tentative Tract Map, and the MND was amended on March 11, 2013. The project’s current scope is the same as the project for which the MND was certified in 2006. The proposed 7 Packet Pg. 19
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Doc ID: 5862

COUNCIL AGENDA ITEM
Development Agreement and related Planning Commission Resolution and City Council Ordinance do not require further review under the California Environmental Quality Act (“CEQA”) as the proposed vesting tentative tract map extension and project conditions modifications are consistent with the project’s previously adopted Negative Declaration and Initial Study, which satisfied CEQA’s requirements.

This project is a permitted use within the Diverse Use zone under the BMC Chapter 19.46 and in accordance with the General Plan and Housing Element. This City adoption of the ordinance is exempt from review under the California Environmental Quality Act ("CEQA") because the ordinance approving the Development Agreement extending the life and modifying certain conditions for the Project is consistent with an Initial Study and previously certified Mitigated Negative Declaration in 2006 for the Tentative Tract Map, and the related, later amended Mitigated Negative Declaration approved on March 11, 2013.

The project’s current scope is the same as the project for which the Mitigated Negative Declaration was previously approved. The proposed Development Agreement and related Planning Commission Resolution and City Council Ordinance do not require further review under CEQA as the proposed vesting tentative tract map extension and project conditions modifications approved by the Development Agreement are consistent with the project’s previously adopted Negative Declaration and Initial Study, which satisfied CEQA’s requirements.

This project is a permitted use within the Diverse Use zone under the BMC Chapter 19.12 and in accordance with the General Plan, Housing Element, and Zoning Map. The project proposes 146 single-family units, and two infrastructure lots, across an approximately 36.06 acre site and will not create any environmental impacts beyond those impacts already analyzed under the existing Mitigated Negative Declaration.

GENERAL PLAN CONFORMITY FINDINGS
Before the City Council can approve a development agreement, the City Council must find the terms of the development agreement are consistent with the General Plan and any applicable specific plan (BMC section 19.46.040(b)(2)).

The General Plan consists of 13 elements. Each element of the General Plan carries the same authority concerning land use issues. The Planning Commission reviewed this project’s 7 Packet Pg. 20
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consistency with all elements of the General Plan, and the proposed development agreement was found to be in conformance with all applicable elements. A review of the relevant elements of the General Plan that apply to the development agreement and findings of consistency for those General Plan elements are presented below.
 General Plan. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan as it focuses on the establishment of newly developed land which serves existing residents and entices new residents to the community.
 Land Use Element. The Development Agreement is consistent with the Land Use Element because a goal of the Land Use Element is to develop “lands immediately south of Rimrock Road, that could accommodate an additional 500 or more single‐family residences.” This project accommodates 146 lots designated for single family residences.  Housing Element. The Development Agreement is consistent with the Housing Element because the project aids the unmet single-family residential housing needs in the City and helps the City meet its Regional Housing Needs Assessment allocation requirements by adding an addition 146 single-family residential units.

The site is also zoned Diverse Use, which allows single-family residential development and is within the maximum density allowed in the Diverse Use zone. The proposed Development Agreement extends the life of the project’s existing Vesting Tentative Map approval, which approved a project of 146 single-family residential units on approximately 36.06 acres. This proposed density of approximately 4 units per acre is less than the maximum allowed density in the Diverse Use zone. The proposed lots are also consistent with the minimum lot applicable to the site given it is zoned Diverse Use.
 Circulation Element. The Development Agreement is consistent with the Circulation Element as it removes of Higgins Road as the preferred point of access. On Rimrock Road, both Southern California Edison (south side) and Desert Heights Apartments (north side) have entrances. Using Higgins Road as the point of access would likely cause congestion and conflicts with traffic turning movements because it is a two-lane street with low to moderate capacity. Conversely, Montara Road’s future extension is a four-lane, primary thru-road. Future development in the subject site’s area will include local streets connecting 7 Packet Pg. 21
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COUNCIL AGENDA ITEM
to the future extension of Montara, which aligns with the City’s updated traffic improvements planning. This increased traffic capacity improves convenience and general welfare.

FISCAL IMPACT:

There will be no cost to the City associated with this recommendation. This recommendation has no staffing impact beyond the normal budgeted scope of duties.

RECOMMENDED ACTION:

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BARSTOW RECOMMENDING APPROVAL OF ORDINANCE APPROVING DEVELOPMENT AGREEMENT WITH LEWIS LAND DEVELOPERS. LLC., FOR THE DEVELOPMENT OF HOUSING ON 36.06 ACRES OF REAL PROPERTY

LOCATED ON THE SOUTHWEST CORNER OF RIMROCK ROAD AND HIGGINS ROAD
WHEREAS, the Lewis Land Developers, LLC, a developer, requests Planning Commission consideration of a proposed Development Agreement for the development of a 146- lot single family residential project (‘Project”); and
WHEREAS, under its constitutional police power, the City has the authority to regulate use of land and to approve development agreements for the development of a residential projects; and
WHEREAS, the City’s procedures for approving and reviewing development agreements are set forth in Chapter 19.46 of the Barstow Municipal Code; and WHEREAS, the City desires to enter into a Development Agreement with Lewis Land Developers, LLC to allow for the construction of housing in the City at the Site.

WHEREAS, the California Legislature has found that “California has a housing supply and affordability crisis of historic proportions”; and
WHEREAS, the site subject to the proposed Development Agreement consists of the approximately 36.06 acres on the southwest corner of Rimrock Road and Higgins Road as set forth in the legal description of the property, attached to the Development Agreement as its Exhibit A; and;
WHEREAS, the Planning Commission recommends the City Council find the adoption of this ordinance is in the best interest of the health, welfare, and safety of the public because it enables a single-family residential housing development project and brings muchneeded new housing to the City by extending the life of a previously approved single-family residential development project to allow for a new, well-capitalized developer to complete the project given favorable market conditions, and adjusts certain roadway improvements conditions to match the City’s Circulation Element and updated traffic improvements planning.

NOW, THEREFORE BE IT RESOLVED, that the Planning Commission of the City of Barstow does hereby recommend approval the proposed Development Agreement between the City of Barstow and Lewis Land Developers, LLC, attached as “Exhibit A”, based on the following findings:

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Attachment: PC RESO LEWIS HOUSING PROJECT(382444.2) (5862 : Development Agreement - Lewis Land Developers LLC - Tract 17713) 382444.2

1. The Development Agreement is consistent with the objectives, goals, and policies of the City’s General Plan.

2. The Development Agreement is compatible with the zoning and land use district in which the real property is located.

3. The Development Agreement, if approved, is in the best interest of the public health, safety, and general welfare of the City and its residents and constitutes a present exercise of the City’s police power, because the project aids the unmet single-family residential housing needs in the City and helps the City meet its Regional Housing Needs Assessment (RHNA) allocation requirements by adding an addition 146 singlefamily residential units.

4. The Development Agreement is consistent with the actions, goals, objectives, and policies of the City's General Plan and Zoning Regulations because the site is zoned Diverse Use, which allows single-family residential development and is within the maximum density allowed in the Diverse Use zone. The proposed Development Agreement extends the life of the project’s existing Vesting Tentative Map approval, which approved a project of 146 single-family residential units on approximately 36.06 acres. This proposed density of approximately 4 units per acre is less than the maximum allowed density in the Diverse Use zone per Barstow Municipal Code section

19.12.020. The proposed lots are also consistent with the minimum lot sizes identified in Chapter 19.10.040 of the Barstow Municipal Code, applicable to the site given it is zoned Diverse Use, per Barstow Municipal Code section 19.12.020. The proposed development agreement extends the vesting tentative tract map for an additional ten year period, plus a further five-year option, and modifies certain roadway improvements conditions to be consistent with the City’s Circulation Element and updated traffic improvements planning.

5. The City’s approval of this Development Agreement is exempt from review under the California Environmental Quality Act (CEQA) because the ordinance approving the Development Agreement extending the life and modifying certain conditions for the Project is consistent with an Initial Study and previously certified Mitigated Negative Declaration in 2006 for the Tentative Tract Map, and the related, later amended Mitigated Negative Declaration approved on March 11, 2013. The project’s current scope is the same as the project for which the Mitigated Negative Declaration was previously approved. The proposed Development Agreement and related Planning Commission Resolution and City Council Ordinance do not require further review under the California Environmental Quality Act (“CEQA”) as the proposed vesting tentative tract map extension and project conditions modifications approved by the Development Agreement are consistent with the project’s previously adopted Negative Declaration and Initial Study, which satisfied CEQA’s requirements.

6. This project is a permitted use within the Diverse Use zone under the BMC Chapter

19.12 and in accordance with the General Plan, Housing Element, and Zoning Map.

The project proposes 146 single-family units, and two infrastructure lots, across an

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approximately 36.06 acre site and will not create any environmental impacts beyond those impacts already analyzed under the existing Mitigated Negative Declaration.

Having made these findings, and finding the proposed Development Agreement consistent with the Barstow General Plan, Housing Element, and Municipal Code, the Planning Commission hereby recommends that the City Council approve an Ordinance approving the proposed development agreement attached as Exhibit A.

PASSED, APPROVED, AND ADOPTED this 9th day of December 2024.

DATED: ____________, 2024
___________________________
Juan Antonio DeLucas, Chair
ATTEST:
_____________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow, hereby certify that the foregoing Planning Commission Resolution was duly passed at a regular meeting of the Planning Commission of the City of Barstow held on the 9th day of December 2024 by the following vote on roll call:

Ayes:

Noes:

Absent:
_____________________________
Andrea Flores, City Clerk

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Attachment: PC RESO LEWIS HOUSING PROJECT(382444.2) (5862 : Development Agreement - Lewis Land Developers LLC - Tract 17713) 382783.2
ORDINANCE NO. ___-2025

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF BARSTOW APPROVING A DEVELOPMENT AGREEMENT WITH LEWIS LAND DEVELOPERS, LLC., FOR THE DEVELOPMENT OF HOUSING ON 36.06

ACRES OF REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF

RIMROCK ROAD AND HIGGINS ROAD
WHEREAS, Lewis Land Developers, LLC, requests City Council consideration of a proposed Development Agreement for the development of a 146-lot single family residential project (‘Project”); and
WHEREAS, under its constitutional police power, the City has the authority to regulate use of land and to approve development agreements for the development of a residential projects; and
WHEREAS, the City’s procedures for approving and reviewing development agreements are set forth in Chapter 19.46 of the Barstow Municipal Code; and WHEREAS, the City desires to enter into a Development Agreement with Lewis Land Developers, LLC to allow for the construction of housing in the City at the Site; and WHEREAS, the California Legislature has found that “California has a housing supply and affordability crisis of historic proportions”; and WHEREAS, the site subject to the proposed Development Agreement consists of the approximately 36.06 acres on the southwest corner of Rimrock Road and Higgins Road as set forth in the legal description of the property, attached to the Development Agreement as its Exhibit A; and
WHEREAS, the City Council finds the adoption of this ordinance is in the best interest of the health, welfare, and safety of the public because it enables a single-family residential housing development project and brings much-needed new housing to the City by extending the life of a previously approved single-family residential development project to allow for a new, well-capitalized developer to complete the project given favorable market conditions, and adjusts certain roadway improvements conditions to match the City’s Circulation Element and updated traffic improvements planning.

NOW THEREFORE, the City Council of the City of Barstow hereby ordains as follows:

Section 1. Incorporation of Recitals. The above set forth recitals and findings are true and correct and incorporated herein by reference, as if set forth herein in full.

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Attachment: FINAL CC ORDINANCE LEWIS GROUP DA - JAN. 2025 (5862 : Development Agreement - Lewis Land Developers LLC - Tract 382783.2
Section 2. Finding Regarding the Development Agreement. Based upon the foregoing facts and findings for the Development Agreement, the City Council hereby determines as follows:

A. Notice of the December 9, 2024 Planning Commission public hearing was publicly provided by publication on November 24, 2024.

B. Notice of the January 21, 2025 City Council public hearing was publicly provided by publication on January 8, 2025.

C. At the December 9, 2024, Planning Commission public hearing, the Planning Commission recommended approval of this proposed Development Agreement.

D. The Development Agreement is correct and in compliance with Government Code Section 65865.2 and Barstow Municipal Code (BMC) Chapter 19.46.

E. The Development Agreement, if approved, is in the best interests of the City because the project aids the unmet single-family residential housing needs in the City and helps the City meet its Regional Housing Needs Assessment (RHNA) allocation requirements by adding an additional 146 single-family residential units.

F. The Development Agreement is consistent with the actions, goals, objectives, and policies of the City's General Plan and Zoning Regulations because the site is zoned Diverse Use, which allows single-family residential development and is within the maximum density allowed in the Diverse Use zone. The proposed Development Agreement extends the life of the project’s existing Vesting Tentative Map approval, which approved a project of 146 single-family residential units on approximately 36.06 acres. This proposed density of approximately 4 units per acre is less than the maximum allowed density in the Diverse Use zone per Barstow Municipal Code section 19.12.020. The proposed lots are also consistent with the minimum lot sizes identified in Chapter 19.10.040 of the Barstow Municipal Code, applicable to the site given it is zoned Diverse Use, per Barstow Municipal Code section 19.12.020. The proposed development agreement extends the vesting tentative tract map for an additional ten year period, plus a further five-year option, and modifies certain roadway improvements conditions to be consistent with the City’s Circulation Element and updated traffic improvements planning.

G. The application to the City was made on forms approved, and contains all information required by the Director and is filed with the Department in compliance with Chapter

19.46;
H. The application was accompanied by all lawfully required documents, materials, and information; and
I. With the adoption of this ordinance and its approval of the Development Agreement as

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consistent with the requirements in Chapter 19.46 of the Barstow Municipal Code and the City’s General Plan and Zoning Regulations, the City Council approves the Proposed Project.

Section 3. CEQA. This City Council’s adoption of this ordinance is exempt from review under the California Environmental Quality Act ("CEQA") because the ordinance approving the Development Agreement extending the life and modifying certain conditions for the Project is consistent with an Initial Study and previously certified Mitigated Negative Declaration in 2006 for the Tentative Tract Map, and the related, later amended Mitigated Negative Declaration approved on March 11, 2013. The project’s current scope is the same as the project for which the Mitigated Negative Declaration was previously approved. The proposed Development Agreement and related Planning Commission Resolution and City Council Ordinance do not require further review under CEQA as the proposed vesting tentative tract map extension and project conditions modifications approved by the Development Agreement are consistent with the project’s previously adopted Negative Declaration and Initial Study, which satisfied CEQA’s requirements.

Section 4. Approvals. In view of all the evidence and based on the foregoing findings the City Council approves the Development Agreement with Lewis Land Developers, LLC and approves a Notice of Exemption from California Environmental Quality Act review for the Proposed Project, subject to the Conditions of Approval in the Development Agreement.

Section 5. Authorization to Execute Development Agreement. Pursuant to Barstow Municipal Code Chapter 19.46, the City Council directs the City Manager and the City Attorney to complete the development agreement embodying the terms and conditions of the Proposed Project as conditionally approved and authorizes the City Manager to execute the development agreement, which shall be substantially consistent with the proposed development agreement attached as “Exhibit A."
Section 6. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after adoption as provided by Government Code Section 36937.

Section 8. Indemnification. Developer shall defend, indemnify and hold harmless City, its elected and appointed commissions, officers, agents and employees, from and against any and all damages, claims, costs and liabilities arising out of the personal injury or death of any third party, or damage to the property of any third party, to the extent such damages, claims, costs or

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Attachment: FINAL CC ORDINANCE LEWIS GROUP DA - JAN. 2025 (5862 : Development Agreement - Lewis Land Developers LLC - Tract 382783.2
liabilities arise out of or in connection with the construction or operations of the Project under this Agreement by Developer or by Developer's contractors, subcontractors, agents or employees. Nothing in this Section 7 shall be construed to mean that Developer shall defend or indemnify City from or against any damages, claims, costs or liabilities arising from, or alleged to arise from, activities associated with the maintenance or repair by City or any other public agency of improvements that have been offered for dedication and accepted by City or such other public agency. City and Developer may from time to time enter into subdivision improvement agreements, as authorized by the Subdivision Map Act, which agreements may include defense and indemnity provisions different from those contained in this Section 7. In the event of any conflict between such provisions in any such subdivision improvement agreement and the provisions set forth above, the provisions of the agreement that provides greater indemnification shall prevail. No provision of this Agreement shall be construed to require any party to enter into subdivision improvement agreement that contains defense and indemnity provisions different from those contained in this Section 7. Full Indemnification terms are stated in Development Agreement.

Section 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text.

PASSED, APPROVED AND ADOPTED this _____ day of __________, 2025 __________________________________
Tim Silva, Mayor
ATTEST:
______________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk for the City of Barstow, California, and ex-officio Clerk of the City Council, do hereby certify under penalty of perjury that the foregoing is a true and correct copy of Ordinance No. ___-2025, which was introduced at a regular meeting of the City Council of the City of Barstow held on the on the ____ day of _________ 2025, and adopted at the regular meeting of the City Council of the City of Barstow on the ____ day of _________ 2025, by the following vote:

AYES:

NOES:

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Attachment: FINAL CC ORDINANCE LEWIS GROUP DA - JAN. 2025 (5862 : Development Agreement - Lewis Land Developers LLC - Tract 382783.2
ABSTAIN:

ABSENT:
____________________________
Andrea Flores, City Clerk

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Attachment: FINAL CC ORDINANCE LEWIS GROUP DA - JAN. 2025 (5862 : Development Agreement - Lewis Land Developers LLC - Tract -1-
382437.5

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

LEWIS LAND DEVELOPERS, LLC
c/o Lewis Management Corp
1156 North Mountain Ave.

Upland, CA 91786
Attn: Legal Dept (WBF)
(SPACE ABOVE FOR RECORDER’S USE ONLY)
This document is exempt from the payment of a recording fee pursuant to Government Code § 27383 and §6103.

DEVELOPMENT AGREEMENT
This Development Agreement (“Agreement”), dated as of _______________, 2024 (the “Reference Date”) and effective on the date it is recorded with the County Recorder of the County of San Bernardino, is made by and among the CITY OF BARSTOW, a municipal corporation (the “City”), and LEWIS LAND DEVELOPERS, LLC, a Delaware limited liability company (the “Developer”).

RECITALS
A. The City is authorized to enter into development agreements with persons having legal or equitable development interests in real property which is located either within the City or within its sphere of influence, pursuant to Government Code Section 65864, et seq., and Chapter

19.46 of the City Municipal Code.

B. The City has adopted rules and regulations for consideration of development agreements, pursuant to Government Code Section 65865 and Chapter 19.46 of the City Municipal Code (the “City DA Regulations”). Unless otherwise provided in this Agreement, the City DA Regulations shall apply to this Agreement.

C. Developer has entered into that certain Purchase and Sale Agreement dated September 13, 2024 (the “Purchase Agreement”), to purchase real property containing approximately 36.06 acres on the southwest corner of Rimrock Road and Higgins Road as set forth in Exhibit “A” attached hereto and as depicted on Exhibit “B” attached hereto (the “Property”), which Property is the subject of this Agreement. Developer has agreed to the recordation of this Agreement against the Property after Developer acquires fee title to the Property under the Purchase Agreement. If Developer does not acquire fee title to the Property, then this Agreement shall be of no effect.

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382437.5 Barstow Development Agreement
D. The City previously approved that certain Vesting Tentative Map No. 17713, Phases 1 Through 4 (#PTTM-13-0001) (the “Vesting Map”) on March 11, 2013 (the “Vesting Map Date”) for the development of a 146 lot single family residential project (the “Project”). The Vesting Map currently expires on March 22, 2026 and will extend, with the approval of this Agreement, for the term of this Agreement as set forth in Sections 2.c and 4.a. A copy of the Vesting Map is attached hereto as Exhibit “C”.

E. The City’s approval of the Vesting Map on March 11, 2013 (the “Vesting Map Date”) was subject to those Conditions of Approval issued by the City’s Planning Commission attached hereto as Exhibit “D” (the “Map Conditions”).

F. This Agreement, the Vesting Map and the Project are consistent with the City of Barstow General Plan and each of its elements.

G. This Agreement and the Project will serve to implement the policies, objectives and standards of each element of the City of Barstow General Plan.

H. All actions taken by the City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act, Public Resources Code Section 21000, et seq., and all requirements for notice, public hearings, findings, votes and other procedural matters.

I. All actions taken and all approvals granted by the City under this Agreement are a present exercise of the City’s authority over the Property and the Project.

J. This Agreement and the consent of Developer to each of its terms and conditions will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure timely installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the public interest.

AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS AND EXHIBITS.
a. Definitions. The following terms when used in this Agreement shall be defined as follows:
“Agreement” means this Development Agreement.
“City” means the City of Barstow, a general law city, including its City Council, officers and employees.
“City Council” means the City Council for the City of Barstow.

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382437.5 Barstow Development Agreement
“Current Development Approvals” means the Vesting Map.
“Current Land Use Regulations” means all Land Use Regulations valid and in effect as of the Vesting Map Date.
“Developer” means Lewis Land Developers, LLC, a Delaware limited liability company, and its successors in interest to all or any part of the Property. “Development” means the improvement of the Property by constructing and completing the buildings, structures, improvements, and facilities which are part of the Project including, but not limited to, grading; the construction of on-site or offsite public facilities and improvements; and landscaping. “Development Approvals” means all permits, licenses, or other entitlements, whether discretionary or ministerial, subject to approval or issuance by the City in connection with Development of the Property including, but not limited to, specific plans and amendments; tentative and final subdivision and parcel maps; conditional use permits and site plan review; zoning and zone changes; grading, building, and occupancy permits including, without limitation, the Vesting Map. “Development Plan” means the Current Development Approvals and Subsequent Development Approvals and the Current Land Use Regulations and Subsequent Land Use Regulations which control Development of the Property. The current Development Plan may be modified by Developer, if approved by the City in accordance with the Land Use Regulations.
“Dwelling Units” means single family attached or detached residential units to be sold or leased to members of the general public.
“Effective Date” means the date on which this Agreement is recorded with the County Recorder. The Agreement shall not be recorded until Developer acquires title to the Property in accordance with the Purchase and Sale Agreement. “Exaction” means any requirement of the City in connection with or pursuant to any Land Use Regulation or Development Approval for dedication of construction or improvement of public facilities, payment of Development Impact Fees, or other contribution required in order to address the impacts of Development on the community, or for other public purposes. Processing fees shall not be considered exactions for the purposes of this Agreement.
“Land Use Regulations” means all ordinances; resolutions; codes; rules; regulations; and official policies whether adopted by ordinance, resolution, or otherwise of the City controlling or regulating any aspect of the Development and use of land, including, but not limited to, the permitted uses of land; the density or intensity of use; subdivision requirements; the maximum height and size of proposed buildings; the reservation or dedication of land for public purposes; sign regulations; zoning covering any subject, including, but not limited to, those

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Attachment: Barstow DA Lewis Housing -Lewis Jan 2025 Final (5862 : Development Agreement - Lewis Land Developers LLC - Tract 17713) -4-
382437.5 Barstow Development Agreement
subjects listed in Government Code Section 65850; and the design, improvement and construction standards and specifications for Development of the Property. “Lot” or “lot” means a legal subdivided lot.
“Project” means the Development of the Property contemplated by the Development Plan as such plan may be modified by Developer in accordance with the Land Use Regulations.
“Property” means the real property described on Exhibit “A”. “Recorded or Record” means recordation at the Office of the San Bernardino County Recorder.
“Reservations of Power” means the rights and authority reserved to the City under Section 3(e) of this Agreement and excepted from the Developer’s assurances and rights under this Agreement.
“Subsequent Development Approvals” means all Development Approvals processed by Developer and approved by the City after the Effective Date of this Agreement in connection with Development of the Property, including, without limitation, amendments to the Vesting Map.
“Subsequent Land Use Regulations” means any Land Use Regulations adopted and effective after the Effective Date of this Agreement.
b. Exhibits. The following documents are attached to and by this reference made a part of this Agreement:

Exhibit A - Legal description of Property
Exhibit B - Map of the Property
Exhibit C - Vesting Map
Exhibit D - Map Conditions

2. TERM AND GENERAL RIGHTS.
a. Binding Effect of Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement. The

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382437.5 Barstow Development Agreement
Property and the Developer are subject to each term, condition, and covenant of this Agreement.
b. Ownership of Property. The Developer represents it is the fee title owner of the Property and this Agreement shall, if approved by the City, be Recorded with the San Bernardino County Assessor-Recorder-Clerk.
c. Term. The term of this Agreement shall expire and terminate on the date that is ten (10) years from the Effective Date of this Agreement (the “Term”). The Term shall automatically extend for an additional five (5) years if Developer commences the mass grading of the Property for the Project before expiration of the Term and provided the Developer is not in default under the Agreement. The Term may be further extended if mutually approved by City and Developer in writing. d. Assignment. The Developer shall have the right to assign this Agreement in whole or in part (provided that no such partial transfer shall be permitted to cause a violation of the Subdivision Map Act, Government Code Section 66410, et seq., or other applicable law) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement together with the sale or other transfer of all or a part of the Property to the assignee (each a “Transferee”). Transfers to Transferees of some or all of the Property shall not require approval by the City; provided, however, that Developer shall not be released of its obligations under this Agreement as to the property transferred unless and until an assignment agreement (an “Assignment Agreement”) expressly delineating which party shall bear the continuing obligations under this Agreement, has been fully executed and approved by the City, which approval shall not be unreasonably conditioned, delayed, or withheld. Further, no parcel of land and no owner of any parcel of land subject to this Agreement shall be released from the obligations of this Agreement that attach to that parcel under this Agreement unless and until an Assignment Agreement expressly delineating which party shall bear the continuing obligations under this Agreement has been fully executed and approved by the City, which approval shall not be unreasonably conditioned, delayed, or withheld. In all cases, any obligation of Developer under this Agreement or under the Development Approvals not expressly assumed by a Transferee, in an Assignment Agreement approved by the City in writing, or terminated with respect to a particular portion of the Property under Section 2 (f) or 2(g), shall remain with Developer. In the event of any assignment, City maintains enforceability against both assignor and assignee and any release between such assignor and assignee from the duties or obligations hereunder related to the portion of the Property sold or transferred remain independent of the City, unless the City consents to the release of such assignor from all or part of its obligations under this Agreement. The sale, transfer, or assignment of the Property to an Affiliate of the Developer shall not release the Developer from its obligations hereunder. For purposes of this Agreement, “Affiliate” shall mean an entity which controls, is controlled by, or is under common control with the Developer or directly or indirectly with any of the individual owners of Developer.

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Notwithstanding the foregoing, the Developer may execute mortgages, deeds of trust, sales and leaseback, or any other form of encumbrance or conveyance required for any reasonable method of financing from a bank, savings and loan, insurance company, or similar institutional lender, for the purpose of securing loans of funds to be used for financing the direct and indirect costs of the Development (including land development costs, reasonable and customary developer fees, loan fees and costs, and other normal and customary project costs). The execution of any of the above-described financing documents shall not be considered a sale, transfer or assignment for purposes of this Section 2.d. Any such encumbrance shall not release Developer or the Property from the obligations and requirements of this Agreement. In the event of a foreclosure of any mortgage, deed of trust, or receipt of a deed in lieu of foreclosure, any such institutional lender shall not be required to submit documentation called for in this Section 2.d.with respect to any transfer of title to the Property to such lender or to any purchaser from such lender. No such parties shall receive any rights or incur any obligations under this Agreement by reason of the foreclosure of the mortgage, deed of trust, or deed in lieu of foreclosure, without assuming in writing the Developer’s obligations of this Agreement.
e. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of the parties in the manner provided for in Government Code Section 65868 or as provided in Section 5.b. of this Agreement. This provision shall not limit any remedy of the City or the Developer as provided by this Agreement.
f. Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:
(i) Cancellation this Agreement pursuant to Section 2.e. (ii) Expiration of the term of this Agreement pursuant to Section 2.c. (iii) Termination of this Agreement by the City in accordance with Barstow Municipal Code Sections 19.46.070 and 19.46.080 of the City DA Regulations.
(iv) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
(v) The adoption of a referendum measure repealing the ordinance approving this Agreement, or repealing any ordinance, law or Current Land Use Regulation which the Developer determines is reasonably necessary to its completion of the Project in accordance with the Development Plan.

Termination of this Agreement as provided in this Section 2.f shall not constitute termination of any Development Approvals approved for the Property prior to the date of termination. Upon the termination of this Agreement, no party shall have

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any further right or obligation hereunder except with respect to any obligation to have been performed before such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred before such termination or with respect to any obligations which are specifically set forth as surviving this Agreement.
g. Termination of Agreement With Respect to Individual Residential Lots Upon Sale to Public and Completion of Construction. The restrictions and requirements of Section 2.d shall not apply to the sale or lease of any individual Dwelling Unit to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall automatically terminate with respect to any such Dwelling Unit upon such sale or lease of the individual Dwelling Unit after a final certificate of occupancy or similar certificate has been issued by the City for such Dwelling Unit.:
h. Notices.

As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder.

All notices shall be in writing and shall be considered given either: (1) when delivered in person to the recipient named below; or (2) on the date of delivery if delivered by an overnight express mail service or by registered or certified mail with return receipt requested, addressed to the recipient named below. All notices shall be addressed as follows:

If to the City:

City Manager
City of Barstow
220 East Mountain View Street, Suite A
Barstow, California 92311
With a copy to:

Director of Community Development
City of Barstow
220 East Mountain View Street, Suite A
Barstow, California 92311
and
Matthew Summers, City Attorney/
Colantuono, Highsmith & Whatley, PC

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790 E Colorado Blvd, Ste 850
Pasadena CA 91101
If to the Developer:

Lewis Land Developers, LLC
Attn: John M. Goodman
1156 N. Mountain Avenue
Upland, California 91786-3633
With a copy to:

Lewis Management Corp.

Attn: W. Bradford Francke
P.O. Box 670
Upland, CA 91786-3633
1156 North Mountain Avenue
Upland, California 91785-0670
Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

3. VESTED DEVELOPMENT RIGHTS.
a. Rights to Develop. Subject to the terms, conditions, and covenants of this Agreement, including the Reservations of Power in Section 3.e, Developer has a vested right to develop the Project on the Property in accordance with, and to the extent of, the Development Plan, as such Development Plan may be amended by any Subsequent Development Approvals. Additionally the City hereby approves the proposed uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes as set forth in the Development Plan. Subject to the timing of development which is at the discretion of the Developer under Section 3.b, Developer shall, if Developer proceeds with the development of the Project, be responsible for completing all conditions of approval imposed on the Project and the Development Plan, including payment of all impact fees and completion of all mitigation measures in the existing Development Plan, unless modified by this Agreement or by a Subsequent Development Approval. b. Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Power in Section 3.e, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and

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specifications applicable to Development of the Property shall be the Current Land Use Regulations provided they do not conflict with the Current Development Approvals .
c. Timing of Development. The parties acknowledge that the Developer cannot at this time predict when or the rate at which phases of the Property will be developed.

Such decisions depend upon numerous factors which are not within the control of the Developer, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Except as expressly provided by this Agreement, the rate, timing, phasing, and sequencing of development shall be at the discretion of the Developer and communicated to the City in writing.. In the event that a Subsequent Land Use Regulation is enacted, whether by action of the City Council or by initiative or otherwise, which governs the rate, timing, phasing or sequencing of new development or construction in the City, or imposes a residential growth management program or moratorium on development, such Subsequent Land Use Regulation shall not apply to the Property or the Project or any portion thereof. The intent of the parties in agreeing to this subsection is to avoid the result in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984) where a subsequent growth management program adopted by initiative prevailed over a prior land use agreement which did not expressly address the timing, phasing or sequencing of development.
d. Changes and Amendments. The parties acknowledge that amendments to the Current Development Approvals for the Project is intended by Developer and shall require Subsequent Development Approvals. In the event the Developer finds that a change in the Current Development Approvals is necessary or appropriate, the Developer shall apply for a Subsequent Development Approval to effectuate such change and the City shall process and act on such application to approve, approve conditionally, or deny it in accordance with the Current Land Use Regulations, except as otherwise provided by this Agreement including the Reservations of Power. Unless otherwise required by law, as determined in the City’s reasonable discretion, a change to the Current Development Approvals shall be deemed “minor” and not require an amendment to this Agreement, but shall still require approval by the City’s Community Development Director in writing, provided, however, that such change does not:
(i) Alter the permitted uses of the Property as a whole; or, (ii) Increase the density or intensity of use, or number of Dwelling Units, of the Project as a whole; or,
(iii) Increase the maximum height and size of permitted buildings; or, (iv) Delete any requirement for the reservation or dedication of land for public purposes within the Property or otherwise remove any current impact mitigation measure under the Development Plan; or,

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(v) Constitute a project requiring the preparation of an environmental impact report pursuant to Public Resources Code Section 21166. e. Reservations of Power.
(i) Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the Development of the Property:
a) Processing fees and charges imposed by the City on applicants and projects to cover the estimated actual costs to the City of processing applications for this Agreement and Development Approvals, for monitoring compliance with any Development Approvals, or for monitoring compliance with environmental or other impacts mitigation measures.
b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. c) The then-current California Building Standards Code referred to in California Health and Safety Code Section 18935 or other successor state statute and other Uniform Construction Codes provided that any such Uniform Code shall apply to the Development only to the extent that the Code has been adopted by the City and is in effect in the City. Regulations governing construction standards and specifications including, without limitation, the City’s Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code.
d) Regulations which are not in conflict with the Development Plan. In the event of a dispute between the City and the Developer with respect to this provision, the dispute shall be resolved by a court of competent jurisdiction.
(ii) Subsequent Development Approvals. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project, including architectural review. The City shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters. Except as otherwise provided in Section 3.e, the City, in acting on Subsequent Development Approvals, shall apply the Current Land Use Regulations. This Agreement shall not prevent the City from denying or conditionally approving any Subsequent Development Approval on the basis of the Current Land Use Regulations or the Subsequent Land Use Regulations applicable to the Project under this Agreement.

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(iii) Modification or Suspension by State or Federal Law. In the event that state or federal laws or regulations, enacted after the Effective Date or by determination of a court of competent jurisdiction, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent that the parties agree that it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render the remaining provisions impractical to enforce.
(iv) Police Power. The parties acknowledge and agree that the City is restricted in its authority to limit its police power by contract and that the limitations, reservations and exceptions set forth in this Section 3.e are intended to reserve to the City all of its police power which cannot be so limited. (v) Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of the City possess authority to regulate aspects of the Development of the Property separately from or jointly with the City and this Agreement does not limit the authority of such other public agencies, except for the Agency.

4. VESTING MAP.
a. Vesting Map Extension. The term of the Vesting Map currently expires on March 22, 2026. In accordance with Government Code Section 66452,6, the term of Vesting Map shall extend for the term of this Agreement and any extension of that term all as set forth in Section 2.c of this Agreement. b. Map Conditions. City has determined that it is not necessary for the development of the Project to be conditioned on constructing any off-site improvements to Higgins Road, including paving, curb, gutter, sidewalk and/or drainage control (the “Higgins Road Improvements”). As such, the City agrees that the Map Conditions are amended by this Agreement to remove any requirement by Developer or the Project to construct any Higgins Road Improvements. All other conditions of approval and impact mitigation requirements of the Development Plan remain in place, unless modified under this Agreement or by a Subsequent Development Approval.

5. PERIODIC REVIEW FOR COMPLIANCE.
a. Periodic Review. The City may review this Agreement every 12 months from the Effective Date in accordance with Barstow Municipal Code Section 19.436.070 of the City DA Regulations.
b. Modification or Termination. If, upon a finding under Barstow Municipal Code Section 19.46.070 of the City DA Regulations, the City determines to proceed

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with modification or termination of this Agreement, then the terms of Barstow Municipal Code Section 19.436.080 of the City DA Regulations shall apply.

6. DEFAULT AND REMEDIES.
a. Default by City or Developer. If either party hereto fails to perform any material obligation or comply with any material provision set forth in this Agreement, such party shall be in default (“Default”) under this Agreement only after the nondefaulting party provides the defaulting party written notice of Default setting forth the nature of the Default and the actions, if any, required to cure such Default and either (i) the defaulting party then fails to take such actions and cure such Default within 30 days after the effective date of such notice OR, (ii) in the event that such Default cannot be cured within such 30 day period but can be cured within a timeframe agreed to by both parties, the defaulting party fails to commence and diligently complete the actions necessary to cure such Default within that aforementioned agreed timeframe.
b. Remedies. The parties acknowledge that money damages and remedies at law generally are inadequate and that either specific performance or termination of this Agreement are the sole and appropriate remedies for a Default. Each of the partes expressly waive any right to recover any damages of any kind except for the recovery of costs and attorney’s fees as set forth in Section 9.m below. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Developer may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits.

Developer has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more substantial time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Developer for such efforts. By the same token, in the event that City issues any permit or other approval for a structure, and the public facilities, improvements, and infrastructure reasonably necessary to provide an adequate level of public services to that structure are not timely completed or Developer otherwise fails to carry out its obligations under this Agreement, then it would not be possible to determine a sum of money that would adequately compensate City for the resulting hardship. For the above reasons, City and Developer agree that, notwithstanding any other language in this Agreement, damages would not be an adequate or appropriate remedy if City fails to carry out its obligations under this Agreement, or if Developer fails to timely complete any public facility, improvement, or infrastructure provided for herein that is reasonably necessary to provide an adequate level of public services to any structure for which City has issued a permit or other approval or otherwise fails to carry out its obligations under this Agreement. Therefore, specific performance of this Agreement is the only remedy which would compensate Developer if City fails to carry out its obligations under

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this Agreement, and City hereby agrees that Developer shall be entitled to specific performance in the event of a default by City hereunder. Further, specific performance of this Agreement is the only remedy which would compensate City if Developer fails to timely complete any public facility, improvement, or infrastructure provided for herein that is reasonably necessary to provide an adequate level of public services to any structure for which City has issued a permit or other approval for the Project or otherwise fails to carry out its obligations under this Agreement, and Developer hereby agrees that City shall be entitled to specific performance in such event. In the event of lack of or partial compliance by the Developer with the obligations of this Agreement, City may pursue specific performance to force Developer to complete its obligations under this Agreement.

7. DEFENSE AND INDEMNITY.

Developer shall defend, indemnify and hold harmless City, its elected and appointed commissions, officers, agents and employees, from and against any and all damages, claims, costs and liabilities arising out of the personal injury or death of any third party, or damage to the property of any third party, to the extent such damages, claims, costs or liabilities arise out of or in connection with the construction or operations of the Project under this Agreement by Developer or by Developer's contractors, subcontractors, agents or employees. Nothing in this Section 7 shall be construed to mean that Developer shall defend or indemnify City from or against any damages, claims, costs or liabilities arising from, or alleged to arise from, activities associated with the maintenance or repair by City or any other public agency of improvements that have been offered for dedication and accepted by City or such other public agency or arising from the negligence or willful misconduct of City or by its contractors, subcontractors, agents or employees. City and Developer may from time to time enter into subdivision improvement agreements, as authorized by the Subdivision Map Act, which agreements may include defense and indemnity provisions different from those contained in this Section 7. In the event of any conflict between such provisions in any such subdivision improvement agreement and the provisions set forth above, the provisions of the agreement that provides greater indemnification shall prevail. No provision of this Agreement shall be construed to require any party to enter into any subdivision improvement agreement that contains defense and indemnity provisions different from those contained in this Section 7. Developer further agrees as follows:
(i) If any person not party to this Development Agreement institutes any administrative, legal or equitable action or other proceeding challenging the validity of 1) any provision of this Agreement, 2) any Development Approval or the sufficiency of any review of this Development Agreement, 3) any Development Approval under CEQA, 4) the creation of any Community Services District, Community Facilities District, or other finance district pursuant to the Development Approvals, or 5) any imposition, enforcement, levy, or collection of any special assessment or special tax imposed pursuant to the Development Approvals (each a “Third Party Challenge”), the Parties promptly shall meet and

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confer as to the most appropriate response to such Third Party Challenge; provided, however, that any such response shall be consistent with this Agreement. (ii) City shall tender the complete defense of any Third Party Challenge to Developer, and upon acceptance of such tender by Developer: (1) Developer shall defend and indemnify City against any and all fees and costs arising out of the defense of such Third Party Challenge; and (2) City and Developer shall jointly control the defense and/or settlement of such Third Party Challenge. Counsel in any such legal defense shall be selected by Developer and reasonably approved by the City. Developer’s obligation to provide such defense includes the obligation to indemnify and hold harmless the City from any and all claims arising from such litigation administrative challenge, including, but not limited to, damages claims, judgments, litigation costs and attorneys’ fees. Developer shall not settle any such proceeding on terms which include the granting of any form of relief to any person not a party to this Agreement, excepting only monetary relief to be paid solely by Developer, without the consent of City, which consent shall not be unreasonably withheld, conditioned or delayed.
(iii) If Developer should fail to accept City’s tender of defense as set forth above, City shall defend such Third Party Challenge and control the defense and/or settlement of such Third Party Challenge as City decides (in its sole discretion), and City may take any and all actions it deems necessary and appropriate (in its sole discretion) in connection therewith; provided, however, that City shall seek Developer’s consent to any settlement of such Third Party Challenge, which consent shall not unreasonably be withheld or delayed. Developer shall indemnify City against any and all fees and costs arising out of the City’s defense of such Third Party Challenge, including, but not limited to, any damages, claims, judgments, litigation costs and attorneys’ fees.
(iv) Cooperation. In the event of any administrative, legal or equitable action or other proceeding instituted by any person not a party to this Agreement challenging the validity of any provision of any of the Entitlements, or the approval of any final map, Implementing Approval, or ministerial permit, granted to Developer pursuant to the Entitlements, or the creation of any Community Services District, or other public entity, or Finance District pursuant to the Entitlements, or the imposition, enforcement, levy, or collection of any special assessment or special tax imposed pursuant to the Entitlements, or the approval of this Agreement, the parties shall cooperate in defending such action to settlement or final judgment. Developer may elect to have the City rescind that Development Approval in which event Developer’s obligations hereunder with regards to that Third Party Challenge shall cease after such rescission is final. Developer maintains the obligation to defend the City in regards to the aforementioned rescission.
(v) Nothing contained herein shall limit the right of the City to appear and defend itself in any administrative or legal proceeding, at the City’s expense. The City shall

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promptly give notice to Developer, within five (5) business days of service of process upon the City Clerk, of any action filed against the City covered by this Section 7 and shall promptly and fully cooperate with Developer in its defense of any such action filed against the City as set forth in this Section 7 (vi) The parties agree that this Section 7 shall constitute a separate agreement entered into concurrently, and that this Section 7 shall survive termination of this Agreement. Without limiting the generality of the foregoing, if any other provision of this Agreement, or the Agreement as a whole, is invalidated, rendered null, or set aside by a court of competent jurisdiction, the parties agree to be bound by the terms of this Section 7, which shall survive such invalidation nullification or setting aside.

8. MORTGAGEE AND REGULATORY COOPERATION.

This Agreement shall not prevent or limit the Developer, after close of escrow pursuant to the Purchase and Sale Agreement by which Developer becomes the owner of Property in fee title, from (1) encumbering the Property or any portion of it or any improvement on it by any mortgage, deed of trust or other security interest securing financing with respect to the Property, subject to the terms and conditions of this Agreement, or (2) obtaining the approval of any regulatory agency necessary to the sale or transfer of portions of the Property or interests therein, subject to the terms and conditions of this Agreement. The City acknowledges that secured lenders as well as certain governmental authorities and agencies, including, but not limited to, the California Department of Real Estate, may request certain interpretations and modifications of this Agreement. The City agrees, upon Developer’s request with notice of seven (7) business days, to meet with the Developer and representatives of such lenders and governmental authorities and agencies to consider (in the City’s reasonable discretion) any request for interpretation or modification which is consistent with the intent and purposes of this Agreement and which will not diminish in any manner the benefits of this Agreement to the City. Any modification to this Agreement shall require express, written City approval.

9. ADMINISTRATION.
a. Recordation. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk, after Developer’s ownership of the Property is confirmed, and recordation shall be deemed to be the act of entering into this Agreement for the purposes of California Government Code Section 65868.5.
b. Entire Agreement. This Agreement contains the entire understanding and agreement of the parties with respect to the subject matter hereof. There are no oral or written representations, understandings, undertakings, or agreements which are not contained or expressly referred to in this Agreement, and any such representations, understandings, or agreements not contained or expressly referred to herein are superseded by this Agreement. No evidence of any representations, understandings, or agreements which are not contained or expressly referred to

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herein shall be admissible in any proceeding of any kind or nature relating to the terms or conditions of this Agreement, its interpretation, or breach. c. Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected to the extent the remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.

Notwithstanding the foregoing, the provisions of Sections 2, 3, and 4 of this Agreement are essential elements of this Agreement and the City and the Developer would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable by a judicial decision, this entire Agreement shall be null and void and of no force and effect whatsoever.
d. Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California.

This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel and having fully participated in the negotiation of this Agreement.
e. Headings. All section headings and subheadings are inserted for convenience only and shall have no effect on the construction or interpretation of this Agreement. f. Singular Includes Plural. The singular of any word used in this Agreement includes the plural.
g. Limited Joint and Several Liability. If at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one Developer, the obligations of such Developers under this Agreement shall be joint and several but only with respect to that portion of the Property that is owned jointly; otherwise each Developer is only liable for the obligations which concern that portion of the Property owned by that Developer and not for a Default by another Developer of the obligations that concern that other Developer’s portion of the Property.
h. Time is of the Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element, and must be stated in writing to applicable party.
i. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand thereafter strict compliance by the other party with the terms of this Agreement.

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j. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. k. Mutual Covenants. The covenants contained in this Agreement are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the benefitted party of the covenants to be performed by such party. l. Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act with regard to Development of the Property:
(a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion of it. m. Attorneys’ Fees and Costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys’ fees and court costs. n. Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of San Bernardino, State of California, and the parties waive all provisions of law providing for the filing, removal or change of venue to any other court.
o. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the Development of the Project is a private development, that neither party is acting as the agent of the other in any respect, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and Developer is that of a government entity regulating the development of private property and the owner of such property. p. Further Actions. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

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q. Eminent Domain. Except as provided elsewhere in this Agreement, no provision of this Agreement shall be construed to limit or restrict the exercise by the City of its power of eminent domain.
r. Authority to Execute. The person or persons executing this Agreement on behalf of the Developer warrants and represents that they have the authority to execute this Agreement on behalf of their corporation, partnership or business entity and warrants and represents that they have the authority to bind the Developer to the performance of its obligations hereunder.
s. Recitals Are a Part. The recitals are made a part of this Agreement. t. Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.
[Remainder of Page Left Blank; Signatures Follow Immediately on Next Page]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Reference Date.

CITY OF BARSTOW,
a municipal corporation
By: _____________________________
Mayor
ATTEST:

By: ____________________________
City Clerk
APPROVED AS TO FORM:

By:

City Attorney
DEVELOPER:

LEWIS LAND DEVELOPERS, LLC,
a Delaware limited liability company
By: LEWIS MANAGEMENT CORP.,
a Delaware corporation - Its Manager
By: ______________________________
Name: ___________________________
Its: ______________________________
WBF:aa \\chw-fs01\Redirected\vgavin\AppData\Roaming\iManage\Work\Recent\11158.0001 BARSTOW_ CITY OF _ GENERAL\Barstow DA Lewis Housing (MTS edits 120924)(382437.5).docx

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382437.5

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _________________________ )
On ____________________, 20__ before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
[SEAL]

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Attachment: Barstow DA Lewis Housing -Lewis Jan 2025 Final (5862 : Development Agreement - Lewis Land Developers LLC - Tract 17713) Exhibit A - 21
382437.5 Barstow Development Agreement

EXHIBIT A
Legal Description of Property
All that certain real property situated in the City of Barstow, County of San Bernardino, State of California described as follows:

PARCEL A:

PARCELS 1, 2, 3, & 4 OF PARCEL MAP NO. 7449, IN THE CITY OF BARSTOW, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, IN BOOK 76, PAGE 52, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 0181-712-06-0-000, 0181-712-07-0-000, 0181-712-08-0-000 & 0181-712-09-0-000 PARCEL B:

PARCELS 1, 2, 3, 4 & 5 OF PARCEL MAP NO. 12899, IN THE CITY OF BARSTOW, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, IN BOOK 150, PAGE 8, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 0181-712-10-0-000, 0181-712-11-0-000, 0181-712-012-0-000 & 0181-712-13-0-000 & 0181-712-14-0-000

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Attachment: Barstow DA Lewis Housing -Lewis Jan 2025 Final (5862 : Development Agreement - Lewis Land Developers LLC - Tract 17713) 382437.5 Barstow Development Agreement

EXHIBIT B
Map of Property

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Attachment: Barstow DA Lewis Housing -Lewis Jan 2025 Final (5862 : Development Agreement - Lewis Land Developers LLC - Tract 17713) Exhibit C
- 26
382437.5 Barstow Development Agreement

EXHIBIT C
Vesting Tentative Tract Map No. 17713

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Attachment: Barstow DA Lewis Housing -Lewis Jan 2025 Final (5862 : Development Agreement - Lewis Land Developers LLC - Tract 17713) 382437.5 Barstow Development Agreement

EXHIBIT D
Map Conditions
[See Attached]

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Attachment: Barstow DA Lewis Housing -Lewis Jan 2025 Final (5862 : Development Agreement - Lewis Land Developers LLC - Tract 17713) 382437.5 Barstow Development Agreement

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Attachment: Barstow DA Lewis Housing -Lewis Jan 2025 Final (5862 : Development Agreement - Lewis Land Developers LLC - Tract 17713) 382437.5 Barstow Development Agreement

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Attachment: Barstow DA Lewis Housing -Lewis Jan 2025 Final (5862 : Development Agreement - Lewis Land Developers LLC - Tract 17713) 382437.5 Barstow Development Agreement

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Attachment: Barstow DA Lewis Housing -Lewis Jan 2025 Final (5862 : Development Agreement - Lewis Land Developers LLC - Tract 17713)

ADDENDA --------------------
Mitigated Negative Declaration (TT Map #17713)
for PTTM-13-0001 To recertify an expired tract map to create 154 parcels from 9parcels Addenda to Mitigated Negative Declaration for Tentative Tract Map #17713 Including APN 181-711-72, 73, 74, 75, 81, 82, 83, 84, 85 Prepared by the City of Barstow
Reference Approvals and Prior Documentation Pertaining To:
 General Plan Amendment (GPA) #06-03, - Mixed Use to Neighborhood Residential; approved by the Planning Commission June 12, 2006 and by the City Council August 21, 2006.  Zone Change (ZC) #06-06, to change the zoning designation from Mixed Land Use to RS-6 (SingleFamily Residential) (36± acres); approved August 21, 2006.  Tentative Tract #17713, approved by the Planning Commission June 12, 2006  Mitigated Negative Declaration (MND) originally circulated May 15 through June 5, 2006, adopted August 21, 2006.

Summary/Introduction
The project for which this Mitigated Negative Declaration (MND) Addenda has been prepared is the recertification of a Tentative Tract Map to create 148 parcels from nine. The project scope is the same as the project for which the Mitigated Negative Declaration was certified for in 2006.

This Addenda applies to prior adopted environmental documentation updates and reviews the 2006 approvals for a 146 dwelling unit residential subdivision;, 2006 Approved Project (See Figure 3, TTM #17713).

PTTM-13-0001 represents no change in land use or in project development intensity, see Figure 2, Tentative Tract Map #17713. A comprehensive reassessment of the original 2006 environmental documentation in relation to the current CEQA Regulations and Guidelines, most importantly concerning evaluation of project impacts on Climate Change, i.e. Global Warming, are addressed by this Addenda.

As a result, an Addendum to the prior adopted Mitigated Negative Declaration (MND) provides suitable environmental clearance for approval of the current project. Such an Addendum is an administrative action attached to the Final MND.

Project Description
This is a proposed residential subdivision originally submitted in 2006 and expired prior to the automatic extensions. There is no change in scope or configuration of the project submitted in 2006.

The Tentative Tract Map proposes to create 146 residential lots and two lettered lots (non-buildable, used for infrastructure such as drainage control). The lots are consistent with the minimum lot sizes identified in Chapter 19.10.040 of the Barstow Municipal Code.

Surrounding Uses
Figure 1 includes an aerial photograph of the project site and shows surrounding land uses. Properties to the north include residential neighborhoods and a park; to the south properties are vacant; to the east uses include Southern California Edison Offices and vacant properties; and properties to the west include residential neighborhoods.

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Attachment: Addenda to Mitigated Negative Declaration for TTM 17713 (5862 : Development Agreement - Lewis Land Developers LLC - Tract Figure 1: Aerial Photo of Tentative Tract Area
Project Boundary of Tentative
Tract Map #17713

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Attachment: Addenda to Mitigated Negative Declaration for TTM 17713 (5862 : Development Agreement - Lewis Land Developers LLC - Tract Tentative Tract Map #17713 – Surrounding Land Use Designations The Project site is located within the City of Barstow General Plan area. The General Plan land use designation for the western portion of the project site is Mixed Use while the eastern portion of the project site has a General Plan land use designation of Specific Plan.

North: RO (Recreational Opportunities), UR (Urban Living), NR (Neighborhood Residential)
South: NR/SP (Neighborhood Residential/Specific Plan)
East: GC (General Commercial)
West: UR (Urban Living), NR (Neighborhood Residential)
Site
Boundary

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Attachment: Addenda to Mitigated Negative Declaration for TTM 17713 (5862 : Development Agreement - Lewis Land Developers LLC - Tract Tentative Tract Map #17713 – Surrounding Zoning
The Project site is located within the city limits of the City of Barstow. The site is zoned RS-6 (Single Family Residential).

North: RM-2 (Multi-Family Residential), RS-6 (Single Family Residential), South: RS-6 (Single Family Residential)
East: CG (General Commercial)
West: RS-6 (Single Family Residential), RM-2 (Multi-Family Residential) Site
Boundary

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Attachment: Addenda to Mitigated Negative Declaration for TTM 17713 (5862 : Development Agreement - Lewis Land Developers LLC - Tract Project Impacts
All environmental factors addressed in the 2006 MND were reconsidered. There are no changes in the project scope. The assessment of these factors is summarized below:

I. Aesthetics
There are no changes affecting the 2006 analysis.

II. Agricultural and Forestry Resources
There are no changes affecting the 2006 analysis.

III. Air Quality
There are no changes affecting the 2006 analysis.

IV. Biological Resources
The 2006 environmental assessment of the currently approved residential project included a requirement for a biological survey. As part of the recertification of the Tentative Tract Map a biological survey was completed see attached TTM17713 Biological Assessment, by RCA Associates, September 27, 2012.

There are no changes in the project scope therefore the conclusions reached in the prior Mitigated Negative Declaration are applicable to the recertification of the Tentative Tract Map.

V. Cultural Resources
There are no changes affecting the 2006 analysis.

VI. Geology / Soils
There are no changes affecting the 2006 analysis of less than significant impact. The requirement for the geotechnical/soil survey shall stay in effect.

VII. Hazards and Hazardous Materials
There are no changes affecting the 2006 analysis.

VIII. Hydrology / Water Quality
There are no changes affecting the 2006 analysis.

IX. Land Use / Planning
There are no changes affecting the 2006 analysis.

X. Mineral Resources
There are no changes affecting the 2006 analysis.

XI. Noise
There is no potential impact.

XII. Population / Housing
There is no potential impact.

XIII. Public Services
There is no potential impact.

XIV, Recreation
There is no potential impact.

XV. Transportation / Traffic
There is no potential impact.

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Attachment: Addenda to Mitigated Negative Declaration for TTM 17713 (5862 : Development Agreement - Lewis Land Developers LLC - Tract XVI. Utilities / Service Systems
There are no changes affecting the 2006 analysis.

XVII. Mandatory Findings of Significance
There are no potentially significant impact adverse impacts resulting from the proposed project.

Climate Change / Greenhouse Gas Emissions
Since the 2006 environmental documentation and approval of TTM 17713, there has been ongoing discussion, at essentially all levels of government, to address global climate change. This discussion has focused on the potential emission of “greenhouse” gases, which are seen as the key human generated contribution to global warming. The State of California enacted AB 32, “California Global Warming Solutions Act of 2006,” in an effort to reduce its contribution to climate change.

Project generated emissions relevant to greenhouse gases are limited to initial construction activity. Even during construction there will be no impact.

Appendix - Documents Incorporated by Reference
TM17713 Biological Assessment, by RCA Associates, September 27, 2012.

Hydrology Study for Tentative Tract No. 17713, Prepared by Merrell-Johnson Engineering, Inc., November 21, 2005.

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Attachment: Addenda to Mitigated Negative Declaration for TTM 17713 (5862 : Development Agreement - Lewis Land Developers LLC - Tract Site Photos
Looking Southeast towards Edison Site
Looking West towards Higgins Avenue
Looking Southwest from Rimrock Road

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Attachment: Addenda to Mitigated Negative Declaration for TTM 17713 (5862 : Development Agreement - Lewis Land Developers LLC - Tract Joint Special Council/BFPD
02/3/25 05:00 PM
Finance
Sydnie Harris
Personnel
Doc ID: 5775

AGENDA ITEM
AGENDA MATTER:

RECLASSIFICATION OF THE FIREFIGHTER/EMT POSITION TO SALARY GRADE 11480 EXECUTIVE SUMMARY:

In order to provide parity between the Firefighter/Paramedic and Firefighter/Emergency Medical Technician (EMT) positions, the District Administrator and Barstow Professional Firefighters' Association (BPFA) members have discussed and agreed that the duties related to firefighting are the same between the two positions. The compensation for the EMT and Paramedic certifications are compensated per the skill pay stipends adopted in the Unit 5 Memorandum of Understanding (MOU); therefore, the reclassification in pay grade for the Firefighter/EMT position would elimate any disparity in base salary between the Firefighter/Paramedic and Firefighter/EMT positions. The net effect of this change is to make the base, fire-fighter pay equal for firefighter/paramedics and firefighter/emergency medical technicians because both positions have equal level firefighting responsibilities. The different medical skillsets and certification levels of these two positions will be compensated by the different amounts of additional medical skill-pays. Staff recommends the BFPD Board approve this Amendment to the Unit 5 Memorandum of Understanding to reflect the equal firefighting responsibilities of these two positions, with a minor budget impact.

DISCUSSION:

During discussions with the BPFA and District Administration, there was consensus that the difference in base pay salary for the Firefighter/Paramedic and Firefighter/EMT classifications created disparity between the two positions as the firefighting component of the positions have no differences; therefore the base salaries for both positions should be the same. The difference in pay that currently exists between a Firefighter/Paramedic's (Grade 11480 / $6,229.56 - $7,950.67 per month) and a Firefighter/EMT's (Grade 11380 / $5,639.54 - $7,197.64 per month) base salaries are approximately 10% (Attachment A). BPFA members felt that any disparity in pay between the two positions would be in relation to the medical certifications that are required of each position. This disparity in pay is addressed by means of the EMT or paramedic skill pays that are paid according to the Unit 5 MOU and in addition to the position's base salary. In order to bring parity to the two positions, the base monthly salary for the Firefighter/EMT position would be reclassified to Grade 11480 ($6,229.56 - $7,950.67 per month), the same base salary as a Firefighter/Paramedic.

The EMT and Paramedic skill pays, as set forth in the Unit 5 MOU between the BPFA and the BFPD, will continue to be paid to eligible employees. The monthly skill pay stipend for employees who have an EMT certification is $275 and the paramedic certification monthly skill pay stipend is $1,000. These amounts are paid in addition to the employee's base salary.

FISCAL IMPACT:

If approved, the retro payment for the current fiscal year to the Firefighter/EMT positions (2) adjusted will be a combined total of $32,897.64 of which $10,755.04 is regular time and $22,142.60 is overtime.

Additionally, the budget will need to be adjusted for the three positions from the current $379,996.38 to $394,234.04, an increase of $14,237.66 to the FY25 annual budget. This additional increase will be 8 Packet Pg. 65
Joint Special Council/BFPD
02/3/25 05:00 PM
Finance
Sydnie Harris
Personnel
Doc ID: 5775

AGENDA ITEM
covered from the salary savings due to the one vacant Firefighter/EMT position. The total annual increase to the FY26 annual budget will be $34,170.38 given no additional changes in the budgeting process.

RECOMMENDED ACTION:

Staff recommends that the Barstow Fire Protection District Board:

1. Approve the reclassification of the Firefighter/Emergency Medical Technician (EMT) position to salary grade 11480 ($6,229.56 - $7,950.67 per month) (Attachment B). 8 Packet Pg. 66

ATTACHMENT A
January 21, 2025
FY 25
Barstow Fire Protection District
Salary Schedule
Effective July 1, 2024

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Attachment: 1-21-25 Attachments for CC Staff Report (5775 : Reclassification of the Firefighter/EMT Position to Salary Grade 11480) 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

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

BARSTOW FIRE PROTECTION DISTRICT
FY 2024-2025
Employee Classification / Compensation Program
Effective July 1, 2024

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Attachment: 1-21-25 Attachments for CC Staff Report (5775 : Reclassification of the Firefighter/EMT Position to Salary Grade 11480)

ATTACHMENT
B
January 21, 2025
Amended FY 25
Barstow Fire Protection District
Salary Schedule
Effective January 21, 2024

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Attachment: 1-21-25 Attachments for CC Staff Report (5775 : Reclassification of the Firefighter/EMT Position to Salary Grade 11480) Classification Salary Range Minimum
Monthly
Maximum
Monthly
Firefighter Trainee 11230 $4,857.61 $6,199.68
Firefighter / EMT 11480 $6,229.56 $7,950.67
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

BARSTOW FIRE PROTECTION DISTRICT

BARSTOW FIRE PROTECTION DISTRICT
FY 2024-2025 / Full-Time
Employee Classification / Compensation Program
Effective July 1, 2024
Amended January 21, 2025

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Attachment: 1-21-25 Attachments for CC Staff Report (5775 : Reclassification of the Firefighter/EMT Position to Salary Grade 11480)

ATTACHMENT C
January 21, 2025
Amendment to the Memorandum of Understanding (MOU)
Between the Barstow Professional Firefighters Association (BPFA) and the Barstow Fire Protection District (BFPD)
Article 2 – Recognition and Scope of Representation

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Attachment: Attachment C - MOU for BFPD (5775 : Reclassification of the Firefighter/EMT Position to Salary Grade 11480)

AMENDMENT TO MOU BETWEEN

THE CITY OF BARSTOW
AND
THE BARSTOW PROFESSIONAL FIREFIGHTERS’ ASSOCIATION (BPFA) The Barstow Fire Protection District (“District”) and the Barstow Professional Firefighters’ Association (BPFA), hereby enter into this Agreement in order to modify the Memorandum of Understanding (MOU) entered into between the District and the BFPA on December 19, 2022 with an effective date of July 1, 2022 through June 30, 2025.

The Amendment to the MOU is made necessary to amend the positions that are represented by the BPFA and this Amendment shall be incorporated into the MOU by this reference. Article 2 – Recognition and Scope of Representation shall be amended to remove the Firefighter/Paramedic and replaced with the Firefighter position. Article 2 – Recognition and Scope of Representation shall be amended and replaced in its entirety as follows:

ARTICLE 29 – RECOGNITION AND SCOPE OF REPRESENTATION
The District recognizes that the following positions shall be represented by the Association:
• Fire Captain
• Fire Engineer
• Firefighter/EMT
• Firefighter/Paramedic
The Association’s scope of representation shall include all matters pertaining to wages, hours, and other term and conditions of employment.

Date: ________________ Date: ________________
_____________________________ _____________________________ For the Barstow Fire Protection District For the Barstow Professional Firefighter’s Association

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Attachment: Attachment C - MOU for BFPD (5775 : Reclassification of the Firefighter/EMT Position to Salary Grade 11480) Joint Special Council/BFPD
02/3/25 05:00 PM
City Clerk / Records
Maribel Hernandez
Resolution
Doc ID: 5868

COUNCIL RESOLUTION
AGENDA MATTER:

RECOMMENDATION TO RENAME THE SENIOR CENTER IN HONOR OF JEFF L. EASON SR.

EXECUTIVE SUMMARY:

Jeff L. Eason Sr.,was a valued resident of Barstow who dedicated 22 years of exemplary service to our senior community. In recognition of his years of commitment, the staff recommends renaming the Barstow Senior Center to "The Jeff L. Eason Sr. Senior Center" in his honor. It is recommended that the Council approve this name change and instruct the staff to initiate the process for the renaming of the Senior Center.

DISCUSSION:

Jeff L. Eason Sr. relocated to Barstow in 1969, starting his professional journey as the second package delivery driver for UPS in the city. After retiring from UPS, he devoted the next 22 years to the Barstow Senior Center, enriching the senior community with numerous initiatives such as the Nutrition Program, exercise classes, various activities, vaccination events, and complimentary tax services.

Section 12.20.130 of the Barstow Municipal Code (Attachment A) stipulates that the city council shall be the naming authority for all facilities owned by the city. Said naming shall be adopted by resolution. The resolution for the proposed facility name shall include, as applicable, the specific site, structure, field, etc., for which the proposed name pertains. Therefore, it is requested that the City Council authorize the renaming the Barstow Senior Center, to “The Jeff L. Eason Sr. Senior Center” in his honor.

FISCAL IMPACT:

Staff estimates the cost to be around $5,000, and if approved, will collaborate with Finance department to secure funding for the new signage.

RECOMMENDED ACTION:

Adopt Resolution No. _____-2025 authorizing the renaming of the Senior Center to "Jeff L. Eason Sr.

Senior Center" in honor of Jeff L. Eason Sr.,and waive the reading. 9 Packet Pg. 73
RESOLUTION NO. _____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW RENAMING THE BARSTOW SENIOR CENTER TO “THE JEFF L. EASON SR.

SENIOR CENTER” IN HIS HONOR
WHEREAS, JEFF L. EASON SR. moved to the city of Barstow in 1969 and was the second UPS driver for the city; and
WHEREAS, JEFF L. EASON SR. retired in 2001 and became a member of the Barstow Senior Center; and
WHEREAS, JEFF L. EASON SR. was elected as President of the Senior Center in 2002; and
WHEREAS, JEFF L. EASON SR. because of his tremendous dedication to the seniors of Barstow, was re-elected as President of the Senior Center for 22 consecutive years; and
WHEREAS, during this time, JEFF L. EASON SR. an advocate for senior health and nutrition coordinated the Nutrition Program for Barstow and also helped 9 additional Senior Centers with meals; and
WHEREAS, JEFF L. EASON SR. started several exercise classes, vaccination services, and outings for the senior community; and
WHEREAS, JEFF L. EASON SR. dedication to providing a better life for the senior community; and
WHEREAS, The address 555 Melissa Ave, Barstow, CA 92311 currently known as the Barstow Senior Center, be renamed “THE JEFF L. EASON SR. SENIOR CENTER” in his honor; and
NOW THEREFORE, BE IT RESOLVED THAT:

The City Council of the City of Barstow hereby authorizes the renaming of the Barstow Senior Center to “The Jeff L. Eason Sr. Senior Center” in his honor.

PASSED, APPROVED AND ADOPTED this 3
rd February 2025.
________________________________
Timothy R. Silva, Mayor
______________________________
Andrea Flores, City Clerk

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Attachment: Reso Jeff Eason (5868 : Recommendation to Rename the Barstow Senior Center in Honor of Jeff L. Eason Sr.) I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No. _____-2025 of said Council which was adopted at its regular meeting on February 3, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Andrea Flores, City Clerk

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Attachment: Reso Jeff Eason (5868 : Recommendation to Rename the Barstow Senior Center in Honor of Jeff L. Eason Sr.)

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Exhibit A
Chapter 12.20 – STREET/FACILITY NAMING AND PROPERTY NUMBERING Sections:

12.20.010 - Intent and purpose.

12.20.020 - Base lines.

12.20.030 - Streets and avenues.

12.20.040 - Even and odd property numbering.

12.20.050 - Nonconforming property numbering.

12.20.060 - Property identification.

12.20.070 - Proposed street names.

12.20.080 - Compliance.

12.20.090 - Base map prepared.

12.20.100 - Modernization of street names.

12.20.110 - Street and facility naming authority.

12.20.120 – Street dedication.

12.20.130 – Facility naming authority.

12.20.140 – Qualifications.

12.20.150 – Duplication of names.

12.20.010 - Intent and purpose.

Because of the confusion that has resulted by the use of two property numbering systems and the lack of a street-naming program, which has adversely affected the delivery of mail, the provision of emergency services, and the inability of visitors and residents alike to find a certain address, there is established a program and procedure for the naming of streets and the numbering of properties within the city.

12.20.020 - Base lines.

Main Street shall constitute the base line for the numbering of properties along all streets running northerly and southerly and First Avenue shall constitute the base line for the numbering of properties along all streets running easterly and westerly. The base point shall be the intersection formed by the two base lines mentioned herein.
(1) Each building north of Main Street and facing a street running in a northerly direction shall carry a number, address and the prefix "North (N)" indicating a location north of the base street. (2) Each building south of Main Street and facing a street running in a southerly direction shall carry a number, address and the prefix "South (S)" indicating a location south of the base street. (3) Each building east of First Avenue and facing a street running in an easterly direction shall carry a number, address and the prefix "East (E)" indicating a location east of the base street. (4) Each building west of First Avenue and facing a street running in a westerly direction shall carry a number, address and the prefix "West (W)" indicating a location west of the base street.

12.20.030 - Streets and avenues.

The city shall initiate a street and avenue system as follows:
(1) All streets running for the greater course of their length north and south with the suffix "street" as of July 5, 1977, shall carry the new suffix "avenue."

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Attachment: Chapter 12.20 Street Facility Naming and Property Numbering 01 14 (5868 : Recommendation to Rename the Barstow Senior

Page 2 of 5 ends

(2) All streets running for the greater course of their length east and west with the suffix "avenue" as of July 5, 1977, shall carry the new suffix "street."

12.20.040 - Even and odd property numbering.

All buildings on the north and east side of a street running from the base point shall bear odd numbers.

All buildings on the south and west side of a street running from the base point shall bear even numbers.

12.20.050 - Nonconforming property numbering.

All buildings within the corporate limits of the city shall carry a city property number consistent with a city numbering system. Existing buildings utilizing a county property number for addressing purposes shall be renumbered consistent with the city numbering system.

12.20.060 - Property identification.
(a) The property identification (address) shall be limited to numerals and letters that depict the numeric address, apartment or unit designation (A, B, C, etc.), and building designation (such as BLDG A, B, C, etc.) only.
(b) All buildings within the city shall bear a set of numerals/letters for the purpose of property identification (address). The numerals/letters used shall be approved by the Barstow Fire Protection District and shall be made of a durable and clearly visible material. (c) The numerals/letters described in subsection 12.20.060(a) and (b) shall be conspicuously placed as approved by the Barstow Fire Protection District.
(d) As part of any new construction, or when significant remodeling is conducted in the general area of the location for the address, an illuminated address shall be installed. To minimize electrical usage, a photo sensor may be incorporated into the power supply to illuminate the address only when dark. As an alternative, and only when electrical power is not available, a solar powered illuminated address shall be utilized, and as approved by the Barstow Fire Protection District. Illuminated addresses shall be continuously maintained and functional. The size of the address numbering shall be approved by the Barstow Fire Protection District.
(e) Painting of curb address for each corresponding property shall require written permission of the owner or occupant of the property.

1. Paint shall be water base latex or equal with black numbers and white background. Paint may be reflective.

2. The closest portion of the numeric address shall be one of the following:
i. Within five feet, but not less than two feet, of the highest portion of any driveway approach, and immediately in front of the applicable property; ii. Within two feet of any portion of another authorized address for the same property or center;
iii. If there is no curb ramp, set in at least ten feet from both sides of the property lines; or iv. Approved by the City Engineer.

3. No logo or other marking shall be included with the address.

4. The address shall be black and four inches tall for eight inch curbs, and three inches tall for six inch curbs. The stroke of the numerals/letters shall be three-quarters inch in width. For curb sizes not listed, the City Engineer shall review and approve the numeral/letter size provided that the stroke of the numerals/letters does not exceed four inches in height.

5. The address shall be painted on a solid white background area that extends two inches beyond the address for eight inch curb or one and one-half inches for six inch curb, except that the background shall be extended up to 7 inches horizontally if a marking described in subsection

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Page 3 of 5 ends

(e)(4) of this section is also painted. For curb sizes not listed, the City Engineer shall review and approve the size of the address provided that the size of the background area does not exceed eight inches in height.

6. The address shall be maintained in good quality. Should the address become faded or worn, the property owner shall cause the address to be repainted or removed within two weeks of notification.

7. Notwithstanding any other provision herein, no address may be painted over any curb that a governmental agency has caused to have been painted, unless expressly authorized by the City Engineer.

12.20.070 - Proposed street names.

All proposed streets, to the extent feasible, shall bear names that reflect a high desert environment.

New street names may include, but shall not be limited to desert flora and fauna, desert Indian tribes, parks and monuments, historical figures and features, and desert geological and geographical names. (a) Names shall be unique and discernible. Similar sounding or duplicate street names shall not be considered.
(b) Street names shall be selected to either recognize natural or historical features related to the Barstow community or to recognize individuals or families that have made a lasting and significant contribution to the betterment of the City of Barstow. (c) Names with the same theme are suggested for naming streets in an entire subdivision, as a means of general identification.
(d) Discriminatory or derogatory names shall not be allowed. (e) Names for public and private streets in a new subdivision shall be proposed by the developer, recommended by the Planning Commission, and approved by the City Council. The street names shall be adopted by the City when the final subdivision map for the development is recorded.

12.20.080 - Compliance.

All building numbers and street names assigned under the provisions of this chapter shall become effective no later than one year from passage by the city council.

12.20.090 - Base map prepared.

The city shall have prepared within one year from July 5, 1977, a base map showing the revisions to street names and property numbering assigned under the provisions of this chapter. The base map or attachment thereto shall provide any additional information that will aid public and private agencies in the normal course of their daily communications.

12.20.100 - Modernization of street names.

The city shall be responsible for the renaming of existing streets or the naming of all proposed streets that will serve the purpose of address clarification or otherwise benefit the general welfare of the city and its residents. The modernization or renaming of existing streets shall be pursuant to Section

12.20.110 below.

12.20.110 - Street and facility naming authority.

The City Council shall have the final authority to name and rename all City streets, parks and facilities, and to designate commemorative street names and plaques. 1) Streets
(a) The authority for street naming and renaming shall reside with the City Council or as a result of an approval and recordation of a subdivision map.

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(b) Under extraordinary circumstances, the City Council may, with a super majority vote of at least four City Council members, revoke the current name of any City street or City-owned facility. (c) It is the intent of this policy to prohibit the changing of street names that have existing homes or businesses using the street name in their address, except under extraordinary circumstances with a super majority vote of at least four City Council members and written approval of all impacted property owners.
(d) Any such change of name of a street shown on any map filed in the office of the county recorder shall be by resolution of the City Council and the resolution shall be recorded with the county recorder.
2) Facilities
(a) City facilities are defined as park, buildings or recreational facilities. (b) For new facilities, the naming process shall begin as early in the project development process as possible.
(c) Facility names shall be selected to either recognize natural or historical features related to the Barstow community or to recognize individuals or families that have made a lasting and significant contribution to the betterment of the City of Barstow. (d) Areas within City facilities that can also be recognized include points of entry; rooms/patios within a City building; facility features (such as columns or fountains); walkways; bikeways; trails or recreational facilities (such as group picnic areas, sports fields or water features). 3) Commemorative Street Names and Plaques
(a) Commemorative street name signs are supplemental to the street name and will not change the street address. The existing street name shall be retained and a supplemental sign or plaque shall be installed beneath the existing street name signage. (b) Names for commemorative street name signs shall be selected to either recognize natural or historical features related to the Barstow community or to recognize individuals or families that have made a lasting and significant contribution to the betterment of the City of Barstow. (c) Commemorative plaques shall be placed in common areas such as public benches or at public facilities.
(d) Names for commemorative plaques shall be selected to recognize individuals or families that have made a lasting and significant contribution to the betterment of the City of Barstow. 4) Street and Facility Naming Procedure
Requests for naming and/or changing the name of a City street or facility shall be submitted to the City Manager’s Office in writing on the City’s Street and Facility Naming Application form. (a) If the proposed street or facility name is in recognition of an individual or family, the applicant is required to provide clear evidence that the individual to be honored has made a significant and lasting contribution to the betterment of the City of Barstow. (b) Upon receipt of the application, the City Manager or his/her designee shall review the application and conduct any applicable research.
(c) Following that review, the City Manager or his/her designee shall place the item on a future City Council agenda for formal review and consideration by the City Council.

12.20.120 – Street dedication.

Street dedication for the purpose of this chapter shall mean the dedication of a street in honor of, or in memory of, an individual or family meeting the criteria identified in Section 12.20.140 of this Chapter.

Streets may also be dedicated in memory of or in honor of a prisoner of war, an individual killed in action, or other person who contributed to the city, community, or the United States through acts of

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benevolence or service. Said dedications shall be approved by the City Council by resolution.

Dedications may be as follows:
(a) By street: identified at a street intersection by a similar street sign, mounted beneath the existing street sign. Said dedication will not rename the street, but will identify “In Memory of” or “In Honor of”. Said sign shall be similar in design, but shall have a brown background with white letters to further distinguish that it is not a street name sign. Street dedications shall be limited to one-block unless otherwise approved by the City Council. The size of the sign shall be no larger than the size of the street sign and shall be the same or similar construction and materials.

12.20.130 – Facility naming authority.
(a) The City Council shall be the naming authority for all facilities owned by the City. Said naming shall be adopted by resolution. The resolution for the proposed facility name shall include, as applicable, the specific site, structure, field, etc. for which the proposed name pertains. (b) The City Council shall be the naming authority for any park facility. (c) No site, structure, field, etc. shall be renamed when it has previously been named in honor of an individual or family unless it will serve the purpose of address clarification or otherwise benefit the general welfare of the city and its residents. Actual costs for the reproduction of said signs, placards, monument, etc. and staff time, labor and materials shall be borne by the applicant, group or organization sponsoring the request.

12.20.140 – Qualifications.

Qualification for any street name or renaming, dedication of a block, site, structure, field, etc., is limited to local residents who either died in the line of service (military, police or fire), who were detained as a prison of war, or who made significant contributions to the community. The qualifications will be reviewed by the agency responsible for the naming of the street or facilities as identified under Section

12.20.110, 12.20.120 and 12.20.130 of this Chapter. Additional qualifying criteria include the following:
(a) City controlled property may be renamed in honor of local residents who died in the line of service (military, police or fire) or made significant contributions to the community. (b) For purposes of this section, “local resident” means a person who resided in Bartow for at least 10 years, or resided in Barstow when taken Prisoner of War or when he or she died in service. (c) When determining whether to rename city controlled property pursuant to section 12.20.110,

12.20.120 or 12.20.130, the party making the determination shall consider all factors he/she/it deems relevant, including whether some or all of the following accurately describe the person for whom the city controlled property is proposed to be renamed:

1. The person made lasting and significant contributions to the protection of natural or cultural resources of the City of Bartow;

2. The person made substantial contributions to the betterment of a specific facility or park consistent with the established standards for the facility;

3. The person made substantial contributions to the advancement of commensurate types of recreational opportunities with the City of Barstow;

4. The person is associated with an economic development or redevelopment activity;

5. The person had a positive impact on the lives of Barstow’s residents; and

6. The person volunteered for ten (10) or more years of service to the community.

12.20.150 – Duplication of names.

Upon the dedication of a street, site, facility, field, etc., or renaming of a street, the name shall not be used for any other dedication or renaming.

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Attachment: Chapter 12.20 Street Facility Naming and Property Numbering 01 14 (5868 : Recommendation to Rename the Barstow Senior Joint Special Council/BFPD
02/3/25 05:00 PM
City Clerk / Records
Maribel Hernandez
Resolution
Doc ID: 5870

COUNCIL RESOLUTION
AGENDA MATTER:

FIRST READING AND INTRODUCTION OF A RESOLUTION REQUIRING THE RESIDENTS’ COMMITTEE, CREATED BY SECTION 3.33.120 OF THE CITY OF BARSTOW MUNICIPAL CODE, TO MEET MONTHLY.

EXECUTIVE SUMMARY:

Staff recommends the City Council adopt a Resolution requiring the Residents’ Committee to meet monthly.

The Resolution is presented for its first reading at the regular City Council meeting of February 3, 2025.

DISCUSSION:

Background: The City of Barstow Municipal Code Section 3.33.120, “Resident Oversight”, requires a five-member residents’ oversight committee be created and meet annually to review and publicly report on the expenditure of revenues generated by the Transactions and Use Tax imposed by Chapter 3.33.

Section 3.33.120 was voter-approved in 2018. Barstow Municipal Code Section 3.33.120 requires that the Measure Q Resident Oversight Commission (Commission) meet at least annually. The City Council, in its discretion and based on need, can require the Commission to meet more often.

The proposed resolution requires the Commission to meet on a monthly basis to review and publicly report on the expenditure of revenues generated by the Transactions and Use Tax. By requiring more frequent meetings, the goal is to increase public transparency, information, and accountability regarding the funds generated by the Transactions and Use Tax.

FISCAL IMPACT:

The costs can be accommodated within the existing, adopted City Budget.

RECOMMENDED ACTION:

Staff recommends the City Council adopt Resolution No. ___-2025, requiring the Residents’ Committee to meet monthly.
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387476.3 1
RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL TO REQUIRE THE MEASURE Q

RESIDENT OVERSIGHT COMMISSION, CREATED BY BARSTOW MUNICIPAL CODE SECTION 3.33.120, TO MEET MONTHLY.

WHEREAS, Section 3.33.120 of the Barstow Municipal Code requires a five-member residents’ oversight committee, known as the “Measure Q Resident Oversight Commission” be created and meet annually to review and publicly report on the expenditure of revenues generated by the Transactions and Use Tax imposed by this chapter; and WHEREAS, the City Council desires the “Measure Q Resident Oversight Commission” to meet monthly, rather than annually, to facilitate increased public transparency of information and accountability regarding expenditures of revenues generate by the Transactions and Use Tax.

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

Section 1. RECITALS. The recitals set forth above are true and correct and incorporated herein by this reference.

Section 2. MEASURE Q RESIDENT OVERSIGHT COMMISSION MEETINGS. This Resolution shall require the Measure Q – Resident Oversight Commission, created by Section 3.33.120 of the Barstow Municipal Code, to meet on a monthly basis to review and publicly report on the expenditure of revenues generated by the Transactions and Use Tax.

Section 3. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this Resolution and shall give notice of it if and as required by law.

Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the City Council of the City of Barstow at a regular meeting of said Council held on ______________________, by the following vote:

AYES:

NOES:

ABSENT:
_______________________________
Timothy Silva, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Andrea Flores, City Clerk Matthew T. Summers, City Attorney

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Attachment: Resolution for Monthly Resident Committee Meetings(387476.3) (5870 : First Reading and Introduction of a Resolution Requiring 387476.3 2
I, Andrea Flores, City Clerk of the City of Barstow, hereby certify that the foregoing City Council Resolution was duly passed at a regular meeting of the Planning Commission of the City of Barstow held on the 3
RD day of February 2025 by the following vote on roll call:

Ayes:

Noes:

Absent:
_____________________________
Andrea Flores, City Clerk

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Attachment: Resolution for Monthly Resident Committee Meetings(387476.3) (5870 : First Reading and Introduction of a Resolution Requiring Joint Special Council/BFPD
02/3/25 05:00 PM
City Clerk / Records
Maribel Hernandez
Report
Doc ID: 5869

AGENDA ITEM
AGENDA MATTER:
2024 CHRISTMAS TREE LIGHTING EVENT
EXECUTIVE SUMMARY:

At the Council meeting on January 21, 2025, Council Member Williams, with a second from Mayor Pro Tem Rose, asked the staff to provide the expenses related to the 2024 Christmas Tree Lighting Event.

Please refer to the attached cost details.

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Receive and file.
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Employee Cost $ 3,919.58
H Pro Events LLC $ 7,690.00
Destiny's Rentals/Santa Chair and Balloons $ 908.00
Party Mania Rental/Tent $ 500.00
Christopher Sprowl/DJ $ 400.00
MainStreet Designs – Tree and Topper $ 21,401.36
Home Depot/Lights for City Hall and Supplies $ 579.85
Hobby Lobby $ 49.41
Amazon $ 69.56
Total $ 35,517.76

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Attachment: Tree Information (5869 : 2024 Christmas Tree Lighting Event)

Barstow City CouncilFebruary 3, 2025

Barstow City Council
February 3, 2025