REGULAR MEETING
CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
APRIL 21, 2025
6:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA
REGULAR MEETING
Agenda-April 21, 2025
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
CALL TO ORDER - CLOSED SESSION 6:00PM
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-April 21, 2025
PUBLIC COMMENT - CLOSED SESSION: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC
TO ADDRESS THE GOVERNING BOARD ON MATTERS ON THE CLOSED SESSION AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
PUBLIC COMMENT - CLOSED SESSION:
CLOSED SESSION AGENDA ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.
Case Name: Millan, et al. v. City of Barstow, et al. San Bernardino County Superior Court Case No. CIVSB2204083.
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 Silva
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING
ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HANDING IT TO THE CITY CLERK. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE WILL REMEMBER THE "CODE OF ETHICS" THAT WE VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH PATIENCE, CIVILITY, AND COURTESY. THE DECISIONS
MADE TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW COMMUNITY AND NOT FOR PERSONAL GAIN.
REVIEW AND APPROVAL OF AGENDA: THIS IS THE TIME FOR MEMBERS OF THE GOVERNING BOARD TO CALL FOR REARRANGING THE ORDER OF THE AGENDA; ADDING ITEMS TO OR REMOVING ITEMS FROM THE AGENDA; OR REMOVING ITEMS FROM THE CONSENT CALENDAR FOR DISCUSSION AND/OR SEPARATE ACTION. ITEMS MAY ONLY BE ADDED TO THE AGENDA AS ALLOWED BY STATE LAW, INCLUDING GOVERNMENT CODE SECTION 54954.2, SUBDIVISION (B),
ALLOWING EMERGENCY ITEMS TO BE ADDED BY MAJORITY VOTE AND ALLOWING ITEMS THAT AROSE TO THE CITY’S ATTENTION AFTER THE AGENDA POSTING DEADLINE, BUT WHICH REQUIRE
IMMEDIATE ACTION, TO BE ADDED BY A TWO-THIRDS VOTE OF THE COUNCIL MEMBERS PRESENT Agenda-April 21, 2025
AT THE MEETING, OR, IF LESS THAN TWO-THIRDS OF THE COUNCIL MEMBERS ARE PRESENT, A UNANIMOUS VOTE OF THOSE MEMBERS PRESENT.
PRESENTATIONS:
2. CERTIFICATE OF APPRECIATION TO GILBERT AND YVONNE MALDONADO Recommended Action:
Presentation only.
3. PRESENTATION OF PROCLAMATION TO DONATE LIFE CALIFORNIA IN RECOGNITION
OF DMV/DONATE LIFE MONTH
Recommended Action:
Present proclamation to Donate Life California in recognition of DMV/Donate Life California Month.
4. PRESENTATION FROM DESERT MANA - FOOD RECOVERY AND DISTRIBUTION 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:
5. RESOLUTION AUTHORIZING THE STREET CLOSURE FOR THE BARSTOW POLICE DEPARTMENT PUBLIC SAFETY FAIR ON MAY 3, 2025.
Recommended Action:
The City Council approve Resolution xx-2025
6. RESOLUTION ACCEPTING TITLE TO PARCEL NO. DKA7490-01-02 FROM THE STATE OF CALIFORNIA.
Recommended Action:
Staff recommends the City Council:
1. Adopt Resolution No. _____-2025 (Attachment A) authorizing the Mayor and the City Manager to execute the Purchase and Sale Agreement (Direct Sale) waive the reading in full.
2. Authorize the City Manager to execute the Certificate of Acceptance, once the Quitclaim Deed is filed and recorded by the State of California, and authorize recordation by the City Clerk.
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: None
CITY COUNCIL:
Agenda-April 21, 2025
GENERAL, NON-AGENDA PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL
PUBLIC TO ADDRESS THE GOVERNING BOARD ON MATTERS NOT ON THE AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.
STAFF REPORTS:
PUBLIC SAFETY UPDATES:
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 16th day of April, 2025.
Approved:
________________________
Rochelle Clayton, City Manager
Regular Meeting
04/21/25 06:00:PM
Maribel Hernandez
Doc ID: 5959
CLOSED SESSION AGENDA ITEM
AGENDA MATTER:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
EXECUTIVE SUMMARY:
DISCUSSION:
FISCAL IMPACT:
None
RECOMMENDED ACTION:
Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.
Case Name: Millan, et al. v. City of Barstow, et al. San Bernardino County Superior Court Case No.
CIVSB2204083.
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Regular Meeting
04/21/25 06:00 PM
City Clerk / Records
Maribel Hernandez
Report
Doc ID: 5950
AGENDA ITEM
AGENDA MATTER:
CERTIFICATE OF APPRECIATION TO GILBERT AND YVONNE MALDONADO EXECUTIVE SUMMARY:
The City of Barstow proudly recognizes Gilbert and Yvonne Maldonado for their many years of unwavering dedication.
DISCUSSION:
The City of Barstow would like to recognize Gilbert and Yvonne Maldonado for their many years of unwavering dedication, commitment, and service to our youth through Barstow Softball League. Your tireless efforts, mentorship, and passion have made a lasting impact on countless young athletes, fostering not only their love for the game but also invaluable life lessons in teamwork, perseverance, and sportsmanship.
FISCAL IMPACT:
None.
RECOMMENDED ACTION:
Presentation only.
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Regular Meeting
04/21/25 06:00 PM
City Clerk / Records
Maria Chavez
Proclamation
Doc ID: 5957
AGENDA ITEM
AGENDA MATTER:
PRESENTATION OF PROCLAMATION TO DONATE LIFE CALIFORNIA IN RECOGNITION OF
DMV/DONATE LIFE MONTH
EXECUTIVE SUMMARY:
A proclamation will be presented to Donate Life California in recognition of DMV/Donate Life Month.
DISCUSSION:
In April, the U.S. Department of Health and Human Services has designated it as National Donate Life Month to increase public awareness about the urgent need for organ, tissue, marrow, and blood donations. In California alone, over 23,000 individuals are awaiting life-saving organs, with more than 103,000 across the nation. Due to the limited number of donors, 17 people lose their lives daily while waiting for a transplant. A single donor can potentially save eight lives by donating vital organs like the heart, kidneys, lungs, pancreas, liver, and small intestine. Additionally, they can positively impact 75 others by donating corneas and tissues such as bone, skin, veins, and tendons.
It is only fitting that the City of Barstow show its support of the Donate Life California Donor Registry program and recognize the importance of donating organs and tissues to save lives. A proclamation will be presented to Donate Life California. Donate Life Ambassador Terri Pilawa will be present to accept the proclamation on behalf of Donate Life California. Ms. Pilawa is nine years and seven months postdouble lung transplant and is very grateful for a second chance at life.
FISCAL IMPACT:
None.
RECOMMENDED ACTION:
Present proclamation to Donate Life California in recognition of DMV/Donate Life California Month. 3 Packet Pg. 7
Regular Meeting
04/21/25 06:00 PM
City Clerk / Records
Maribel Hernandez
Presentation
Doc ID: 5958
AGENDA ITEM
AGENDA MATTER:
PRESENTATION FROM DESERT MANA - FOOD RECOVERY AND DISTRIBUTION EXECUTIVE SUMMARY:
Eugene Butticci from Desert Mana will give a presentation on the Food Recovery and Distribution Program.
DISCUSSION:
FISCAL IMPACT:
None. Presentation only.
RECOMMENDED ACTION:
Presentation only.
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Regular Meeting
04/21/25 06:00 PM
City Clerk / Records
Maribel Hernandez
Resolution
Doc ID: 5948
AGENDA ITEM
AGENDA MATTER:
RESOLUTION AUTHORIZING THE STREET CLOSURE FOR THE BARSTOW POLICE DEPARTMENT PUBLIC SAFETY FAIR ON MAY 3, 2025
EXECUTIVE SUMMARY:
Public Safety Fair event organizers are requesting street closures on East Mountain View Street from the west side of the driveway of 300 East Mountain View Street to the east side of the driveway of 220 East Mountain View Street, and on Belinda Street from Mountain View Street to the North entrance of the rear parking lot of the Barstow Police Department on May 3, 2025, from 8:00 a.m. to 4:00 p.m.
The organizers are requesting traffic control devices for the following intersections:
300 East Mountain View Street, west of the California Highway Patrol driveway East Mountain View Street, east of the City of Barstow driveway Belinda Street, north of the rear parking lot of the Barstow Police Department The costs associated with this event have been estimated at approximately $550.00.
DISCUSSION:
FISCAL IMPACT:
Funds are available within the approved Public Safety operating budget.
RECOMMENDED ACTION:
The City Council approve Resolution xx-2025
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Attachment: Safety Images (5948 : 2025 Public Safety Fair)
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Attachment: Safety Images (5948 : 2025 Public Safety Fair)
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Attachment: Safety Images (5948 : 2025 Public Safety Fair) RESOLUTION NO. XXXX-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA,
TEMPORARILY CLOSING CERTAIN STREETS WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH SECTION 21101(e) OF THE CALIFORNIA VEHICLE CODE FOR
THE PUBLIC SAFETY DAY EVENT
WHEREAS, Section 21101(e) of the California Vehicle Code (CVC) authorizes the City Council to adopt regulations temporarily closing a portion of any street for the celebration, parades, local special events, and other purposes, when in the opinion of the local authority having jurisdiction, such closure is necessary for the safety and protection of persons who are to use that portion of street during the temporary closure, and WHEREAS, The City Council of the City of Barstow does hereby find that the temporary closure of certain streets within the City of Barstow for the proposed Public Safety Fair is in the interest of the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY RESOLVE AS FOLLOWS:
1. The City Council of the City of Barstow hereby authorizes the closure of the following streets within the City of Barstow on Saturday, May 3, 2025, commencing at 0800 hours and ending at 1600 hours.
300 East Mountain View Street, west of the California Highway Patrol driveway
220 East Mountain View Street, east of the City of Barstow driveway Belinda Street, north of the rear parking lot of the Barstow Police Department
2. The City Council does hereby condition such closure upon placement of adequate barricades as approved by the City Manager at those locations designated by the Chief of Police of the City of Barstow or a designated representative thereof.
3. The City Council does hereby condition such closure upon the establishment of adequate detours by the Chief of Police to facilitate travel within the City.
4. The City Council does hereby authorize the Chief of Police or designated representative to reopen such streets following completion of the Public Safety Fair, but in no case later than 1630 hours.
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Attachment: Reso for Public Safety Fair (5948 : 2025 Public Safety Fair) PASSED, APPROVED AND ADOPTED THIS 21st day of April, 2025. _______________________________
Timothy R. Silva., Mayor
ATTEST:
_______________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. XXXX-2025 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 21st day of April, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Andrea Flores, City Clerk
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Attachment: Reso for Public Safety Fair (5948 : 2025 Public Safety Fair) Regular Meeting
04/21/25 06:00 PM
Engineering
Christopher Heldreth
Resolution
Doc ID: 5953
COUNCIL RESOLUTION
AGENDA MATTER:
RESOLUTION ACCEPTING TITLE TO PARCEL NO. DKA7490-01-02 FROM THE STATE OF
CALIFORNIA
EXECUTIVE SUMMARY:
Resolution accepting Title to property known as Parcel No. DKA7490-01-02, former Federal Lands Highway Easement per State Highway Map Book 2, Pages 78-80, See CT 57304-03, 04 & CT 412021, PM 71.690, upon relinquishment by the State of California ("State") to the City of Barstow ("City").
DISCUSSION:
The City of Barstow, in coordination with the State of California's Department of Transportation (Caltrans), has identified Caltrans rights-of-way near Avenue L that will be relinquished to the City upon execution of a Purchase and Sale Agreement and filing of a Certificate of Acceptance. The proposed resolution (Attachment A) allows the City of Barstow to execute the Purchase and Sale Agreement (Direct Sale) between the State and the City for zero dollars ($0) and to prepare and file a Certificate of Acceptance for Parcel No. DKA7490-01-02 once a Quitclaim Deed has been recorded by the State.
Acceptance of Parcel No. DKA7490-01-02 from the State of California will allow CalTrans to vacate their Highway Easement over the entire property on the east side of Avenue L (North of I-15), which will allow the City to facilitate future development of commercial buildings on this property.
FISCAL IMPACT:
None
RECOMMENDED ACTION:
Staff recommends the City Council:
1. Adopt Resolution No. _____-2025 (Attachment A) authorizing the Mayor and the City Manager to execute the Purchase and Sale Agreement (Direct Sale) waive the reading in full.
2. Authorize the City Manager to execute the Certificate of Acceptance, once the Quitclaim Deed is filed and recorded by the State of California, and authorize recordation by the City Clerk. 6 Packet Pg. 28
RESOLUTION NO. -2025
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA,
AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT BETWEEN THE STATE OF CALIFORNIA’S DEPARTMENT OF TRANSPORTATION (“STATE”) AND THE CITY OF BARSTOW (“CITY”) RELATING TO A VACANT PARCEL OF LAND
ADJACENT TO L STREET, DESCRIBED AS REAL PROPERTY COMMONLY KNOWN AS PARCEL NO. DKA07490-01-02, DESCRIBED AS “FORMER FEDERAL LANDS HIGHWAY EASEMENT PER STATE HIGHWAY MAP BOOK 2, PAGES 78-80, SEE CT 57304-03, 04 & CT 412021. PM 71.690” (“PROPERTY”) AS ILLUSTRATED IN EXHIBIT “A”.
THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY RESOLVE AS FOLLOWS:
1. The CITY execute a Purchase and Sale Agreement (Direct Sale) between the STATE and CITY relating to the PROPERTY for a sale price of zero dollars ($0).
2. That said Purchase and Sale Agreement (Direct Sale), a copy of which is attached hereto, marked as Exhibit “B” and referred to and made a part hereof as fully as though set forth at length herein, is hereby approved.
3. That the Mayor and City Manager of the CITY are hereby authorized and directed to execute said Purchase and sale Agreement (Direct Sale) between the STATE and the CITY.
4. Upon recordation of the Quitclaim Deed for Parcel Number DKA07490-01-02 from the STATE to the CITY, a Certificate of Acceptance, marked as Exhibit “C”, shall be signed by the City Manager and recorded with the County of San Bernardino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Barstow held the 21st day of April, 2025.
_____________________________
Timothy R. Silva, Mayor
ATTEST:
_____________________________
Andrea Flores, City Clerk
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Attachment: FINAL Council Agenda Staff Report Exhibits (Combined) 4-21-25 (5953 : Resolution Accepting Title to Parcel No. DKA7490-01-02 I, Andrea Flores, Clerk of 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 Resolution _____ - 2025 which was introduced and adopted at the regular meeting of the City Council of the City of Barstow held on the 21st day of April, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Andrea Flores, City Clerk
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Attachment: FINAL Council Agenda Staff Report Exhibits (Combined) 4-21-25 (5953 : Resolution Accepting Title to Parcel No. DKA7490-01-02 EXHIBIT "A"
State of California
Department of Transportation
Real Property: DKA07490-01-02
Map Exhibits
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Attachment: FINAL Council Agenda Staff Report Exhibits (Combined) 4-21-25 (5953 : Resolution Accepting Title to Parcel No. DKA7490-01-02 S-4 S3
S9 S1O
NO MAP SCALE
S
10 T9N R2W 5BM
CITY orlBARSTOW
COUNTY OF S*
S3
S1O
PROFESSIONAL LAND SURVEYOR
DATE
S1
I
s
S11 S12
51 S12
511
T9N R2W SBM
NOTES
COORDINATES AND
ARE ON CCS 1927
SURVEY FEET DI
STATIONING ARE
DIVIDE GRID DISTANCES BY
THE PROJECT COMBINATION
FACTOR TO OBTAIN GROUND
DISTANCES. CF= 0.999816734
11181
LEGEND
STATE R/W
ACCESS-CONTROLLED
STATE R/W
SUPERSEDED A,C.
STATE R/W
SUPERSEDED
RADIAL BEARING
CITY OF BARSTOW
COUNTY OF SAN BERNARDINO
SEE EXHIBIT B-2
STATE OF CALIFORNIA
CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
DIRECTOR'S DEED
QUITCLAIM
DKA0 7490-01-02 EXHIBIT B-1
INDEX MAP TO ACCOMPANY EXHIBIT "A"
NO MAP SCALE
DIST COUNTY
08 SBD
ROUTE
15 EXHIBIT PM
71.690
EXHIBIT TOT AL
B-1 2
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Attachment: FINAL Council Agenda Staff Report Exhibits (Combined) 4-21-25 (5953 : Resolution /\ I I
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FEDERAL LANDS HIGHWAY
EASEMENT PER STATE HIGHWAY
MAP BOOK 2 PAGES 78-80
BLM LETTE� OF CONSENT
DATED MARCH 21, 1957 I
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SECTION 11
T9N R2W SBM
MAP SCALE: 1" = 200'
CF= 0.999816734
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A1M COURSE DATA
FEDERAL LANDS
HIGHWAY EASEMENT
L 1 sag• 52'56"E so.s6'
DKA07490-01-02
L2 N34°
05'17'W 146.24'
u soo• 31 '21"E 120.95'
SEGMENT 1
RELINO. 486-S TO THE
CITY OF BARSTOW PER
DOC. NO. 201 7-0360920
ON SEPTEMBER 1 , 201 7
SEE SHM: BK 1 8/PGS 3-5
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ACCESS-CONTROLLED R/W
___ \ ____ _ (RBI mJ
RADIAL BEARING
STATE RELINQUISHMENT TO
THE CI TY OF BARS TOW I
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STATE OF CALIFORNIA
CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
DIRECTOR'S DEED
QUITCLAIM
DKA0 7490-01-02
EXHIBIT B-2
SKETCH TO ACCOMPANY EXHIBIT "A"
MAP SCALE: 1" = 200'
FEET 0 100 200 400 600
DIST COUNTY ROUTE EXHIBIT PM EXH NO, TOTAL
08 SBD 1 5 71 .690 B-2 2
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Attachment: FINAL Council Agenda Staff Report Exhibits (Combined) 4-21-25 (5953 : Resolution EXHIBIT "B"
Purchase and Sale Agreement
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Attachment: FINAL Council Agenda Staff Report Exhibits (Combined) 4-21-25 (5953 : Resolution Accepting Title to Parcel No. DKA7490-01-02 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - PUBLIC SALE
RW 16-5 (10/2020)
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into as of _______________________ (“Date”) by and between the State of California Department of Transportation ("Caltrans") and ________________________________________________________ ("Purchaser"), collectively referred to as “the parties”.
Recitals
A. Caltrans owns the real property commonly known as _____________________________ (the "Property") and more particularly described as set forth in Exhibit A attached hereto.
B. Purchaser is: _______________________________________________________________________________________________.
C. The parties wish to provide terms and conditions for Purchaser's purchase of the Property from Caltrans.
NOW THEREFORE, the parties agree as follows:
Section 1. Purchase and Sale
Caltrans shall sell the Property to Purchaser and Purchaser shall purchase the Property from Caltrans on the terms and conditions stated in this Agreement.
Section 2. Purchase Price
The Purchase Price for the Property shall be ____________________________________________________________ ("Purchase Price").
The Purchase Price shall be paid by Purchaser as set forth below:
(a) Purchase Deposit: Purchase Deposit is equal to a minimum of 10% of the Purchase Price. ☐ Receipt is hereby acknowledged of the Purchase Deposit of ___________________________________________________________________________________________________ ($) _____________________________________________________________________________________ in the form of a ( ☐ Cashier’s Check ☐ Certified Check ☐ Money Order ☐ Electronic Funds Transfer), made payable to the "California Department of Transportation”, which without any interest, will be applied to the Purchase Price. (b) Liquidated Damages: THE PARTIES AGREE THAT THE TOTAL DEPOSIT AMOUNT (PURCHASE DEPOSIT) ARE A REASONABLE
SUM FOR LIQUIDATED DAMAGES SHOULD THIS TRANSACTION FAIL TO CLOSE DUE TO A MATERIAL BREACH OF THIS
AGREEMENT BY PURCHASER, IN THAT, WHEN CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS
AGREEMENT, IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES EACH PARTY AGREES THAT THE FOREGOING CONSTITUTES LIQUIDATED DAMAGES AND NOT A FORFEITURE OR PENALTY. (c) Balance of Purchase Price. Purchaser shall remit sufficient funds to cover the Balance of the Purchase Price ($) ____________________ (“The Balance”) no later than _______________________ (“Date”). (d) Payments shall be delivered to Caltrans, Right of Way Division at 464 W. 4th Street, MS-950 San Bernardino, CA 92401-1400 ATTN:
EXCESS LANDS.
(e) All payments, including Bidder Deposit, Purchase Deposit and Balance of Purchase Price must be in the form of a cashier’s check, certified check, money order or electronic funds transfer made payable to the “California Department of Transportation”. Caltrans does not accept personal checks. All payments will be retained by Caltrans, not placed in escrow, and no interest will accrue. Section 3. Closing and California Transportation Commission Approval Purchaser understands and agrees that this sale is subject to the approval by the CTC, tentatively scheduled for ______________________.
In the event the CTC fails to approve the sale, all monies paid by the Purchaser will be refunded without interest. Caltrans makes no representations or warranty concerning the CTC's approval of this sale.
Caltrans reserves the right to reject any and all bids and cancel the sale in part or in its entirety at any time prior to recordation of the Director’s Deed. In the event of cancellation of the sale and/or rejection of any bids, payments shall be refunded without interest.
Title will transfer after the balance of the purchase price is received, the CTC approves the sale and the Director’s Deed is recorded.
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Attachment: FINAL Council Agenda Staff Report Exhibits (Combined) 4-21-25 (5953 : Resolution Accepting Title to Parcel No. DKA7490-01-02 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - PUBLIC SALE
RW 16-5 (10/2020)
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
Section 4. Disqualified Bids
Caltrans reserves the right to reject any and all offers, and to waive any informality or irregularity in any offer or to accept any offer deemed in the best interest for Caltrans at any time prior to the recordation of the Director’s Deed. Any agreement between two or more prospective bidders to set their bid prices, or not to submit bids against each other, for the purpose of purchasing any parcel at a more advantageous price or terms, is prohibited. Where such an agreement comes to the knowledge of Caltrans, any bids made pursuant to such agreement will be disqualified. The above prohibitions do not preclude single bids submitted by one or more persons or entities or both partners or joint ventures or other similar legally permissible combination.
Section 5. Close of Escrow
Caltrans will maintain an internal escrow at no charge to Purchaser. Purchaser may open an external escrow at Purchaser's expense, but selection of the escrow company is subject to Caltrans' approval, which Caltrans may withhold for any reason within its discretion. Should Purchaser elect to open an escrow, Purchaser and the escrow officer shall notify Caltrans by letter within 10 days from the date of the auction.
The notification letters shall be mailed directly to Caltrans, Right of Way Division at 464 W. 4th Street, MS-950 San Bernardino, CA 92401-1400 ATTN: EXCESS LANDS. Purchaser agrees to pay any and all fees associated with the external escrow, and any and all recording fees, documentary transfer taxes or any other real estate transaction fees involved in the transaction.
Section 6. Financing
Financing is the responsibility of the Purchaser, together with all costs, including appraisal and loan fees, credit reports, points, title insurance, premiums, surveys, documentary transfer tax, escrow and recording fees and any other charges.
Section 7. Extension of The Purchase Period
There may be situations wherein the Purchaser is unable to complete the terms and conditions stated in this Agreement within the time allowed for reasons beyond his/her control. Under these circumstances, Caltrans, at its discretion, may elect to extend the purchase period.
A non-refundable charge of 1% of the Purchase Price per month will be made for such extensions. This fee will not be applied to the purchase price and is non-refundable.
Section 8. Closing Costs and Prorations
Purchaser shall pay all necessary City and County fees including but not limited to broker’s commission, surveys, escrow, points, recording fees, documentary transfer tax fees, and the premium, if any, for the title insurance policy referred to herein, and any other real estate transaction taxes or fees by whatever name known, including any personal property sales tax, where applicable. Caltrans does not pay broker commission. Prorations of real property taxes and assessments, rents, interest, and other expenses of the Property shall be prorated as of the date of recordation of the deed.
Section 9. Taxes
The Property is currently exempt from local taxes but will return to tax rolls upon recordation of the Director’s Deed to the Purchaser.
Section 10. Title
The Property is believed to be free of any liens, court judgments, loans, Deeds of Trust, and delinquent or unpaid property taxes. The sale of the Property is subject to all matters of public record and any easements, or reservations not of record or that which is reserved by Caltrans.
Caltrans does not assume any liability for any possible encumbrances on the Property.
Purchaser understands and agrees that the right, title, and interest in the Property to be conveyed shall not exceed that vested in the State of California, Department of Transportation, and that Caltrans will furnish no policy of title insurance. If a policy of title insurance is desired, Purchaser may obtain one at Purchaser's sole expense. The property is being conveyed subject to all title exceptions, any special assessments, restrictions, reservations or easements, whether or not items are of record, and subject to any reservations contained in the Director's Deed. Purchaser may examine any information Caltrans has relative to these matters. Purchaser has been given the opportunity to request and inspect all documents, if any, within Caltrans possession regarding the condition of the property.
Section 11. Condition of Property
Purchaser waives any further right to inspect the Property and conduct tests thereon unless otherwise agreed upon by both parties in a signed amendment to agreement. The Property is sold "AS IS" in its present physical condition as of the date of this Agreement. Purchaser acknowledges and agrees that they are acquiring the property in its present state and condition as of the date of this Agreement, with all defects, both patent and latent, and with all faults of the property whether known or unknown, presently existing or that may hereafter arise, including, without limitation, all existing conditions, if any, of lead paint, mold or other environmental health hazards. Purchaser acknowledges and agrees that Caltrans has not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether express, implied, oral or written, past, present or future, of, as to, concerning or with respect to the condition of the property.
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Attachment: FINAL Council Agenda Staff Report Exhibits (Combined) 4-21-25 (5953 : Resolution Accepting Title to Parcel No. DKA7490-01-02 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - PUBLIC SALE
RW 16-5 (10/2020)
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
Caltrans makes no representation regarding the potential for development, subdivision, zoning, or re-zoning of the Property. Purchaser shall be responsible for compliance with any and all local codes and ordinances for permitted land uses of any kind.
Section 12. No Assignment
Purchaser shall not assign all or any part of the Purchaser's interest in this Agreement without first having obtained the written consent of Caltrans. Any total or partial assignment shall not relieve Purchaser of Purchaser's obligation to this Agreement.
Section 13. Disclaimers
The Property and the fixtures and personal property contained therein, if any, are not new, and have been subject to normal wear and tear.
Purchaser understands that Caltrans makes no express or implied warranty with respect to the condition of any of the Property, fixtures or personal property. Caltrans makes no oral or written representation regarding the age of improvements, the size and square footage of the parcel or building, or the location of property lines. Apparent boundary line indicators such as driveways, fences, hedges, walls, or other barriers may not represent the true boundary lines which may only be determined by a surveyor. If any of these issues are important to Purchaser's decision to purchase, then Purchaser should investigate the Property independently. Purchaser acknowledges that it has not relied upon any representations by Caltrans with respect to the condition of the Property, the status of permits, zoning, or code compliance.
Purchaser is to satisfy itself concerning these issues.
Section 14. Changes During Transaction
During the pendency of this transaction, Caltrans agrees that no changes in the existing leases, if any leases exist, shall be made, nor new leases or rental agreements entered into, nor shall any substantial alterations or repairs be made or undertaken to the Property without the written consent of the Purchaser. However, Caltrans cannot control vacations by tenants if tenants exercise the vacation clauses defined in their leases.
Section 15. Indemnification
Purchaser shall defend, indemnify, and hold Caltrans and Caltrans' elected and appointed officers, agents, and employees free and harmless from and against any and all liabilities, damages, claims, costs, and expenses (including and without limitation to attorney's fees, legal expenses and costs, and consultant's fees, and investigation and remediation costs) arising in whole or in part from the existence of Hazardous Substances or Hazardous Substance Conditions. The indemnity is intended to address that liability for which Caltrans may be responsible solely out of its mere ownership of said Property. This provision shall survive transfer of the title to said Property and any rescission of said transfer.
When used in this Agreement, "Hazardous Substance" shall mean any substance whose nature and/or quantity of existence, use, manufacture, disposal of effect, render it subject to federal, state, or local regulation, investigation, remediation or removal as potentially injurious to public health or welfare, including the Comprehensive Environmental Response Compensation and Liability Act or Resource Conservation and Recovery Act as now in effect.
When used in this Agreement, "Hazardous Substance Condition" shall mean the existence on or under Property of a hazardous substance that requires remediation and/or removal and/or to be otherwise mitigated pursuant to applicable law.
Section 16. Destruction of Improvements
If the improvements of the Property are destroyed, materially damaged, or found to be materially defective as a result of such damage prior to Close of Escrow or approval by the CTC, Purchaser may terminate the transaction by written notice delivered to Caltrans, and all Deposits shall be returned to Purchaser.
Section 17. Commissions
Each party represents and warrants to the other party that no broker or finder or other real estate agent is entitled to any commission, finder's fee or other compensation resulting from any action on its part. Purchaser and Caltrans each agree to indemnify the other and defend and hold harmless the other party from and against any loss, cost, or expense, including attorney's fees, incurred by such party, and against any claims, causes of action or the like brought by any broker, finder or similar agent for a commission or fee on account of this Agreement. This section does not prohibit a Purchaser from obtaining a broker at their own expense.
Section 18. Effective Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
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Attachment: FINAL Council Agenda Staff Report Exhibits (Combined) 4-21-25 (5953 : Resolution Accepting Title to Parcel No. DKA7490-01-02 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - PUBLIC SALE
RW 16-5 (10/2020)
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
Section 19. Entire Agreement
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties.
Section 20. Counterparts
This Agreement may be executed simultaneously in one (1) or more counterparts, each of which shall be deemed an original, but all of which shall constitute one (1) and the same instrument.
Section 21. Binding on Successors and Assigns
This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective legal representatives, successors, and assigns.
Section 22. Attorney's Fees
If any legal action, arbitration or other proceeding is brought involving a dispute between the parties or arising out of the execution of this Agreement or sale of the Property, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees incurred in such action or proceeding, in addition to any other relief to which such party may be entitled.
Section 23. Agreement to Perform Necessary Acts
Each party agrees to perform any further acts and execute and deliver any documents that may be reasonably necessary to carry out the provisions in this Agreement.
Section 24. No Third-Party Beneficiaries
This Agreement is for the sole benefit of the parties hereto. There are no third-party beneficiaries, intended or otherwise.
Section 25. Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the person to whom notice is to be given or, on the second (2nd) day after mailing if mailed to the party to whom notice is to be given, by First Class Mail, registered or certified, return receipt requested, postage prepaid and properly addressed as follows:
To Caltrans at: 464 W. 4th Street, MS-950 San Bernardino, CA 92401-1400 ATTN: EXCESS LANDS._____________________________ To Purchaser at: _________________________________________________________________________________________________ Any party may change its address for purposes of this paragraph by giving the other party written notice of the new address to the other party contained herein.
Section 26. Governing Law
This Agreement has been negotiated and entered into in the State of California and shall be governed by, construed and enforced in accordance with the laws of the State of California and according to its fair meaning, and not in favor of or against any party.
Section 27. Severability
If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all the other provisions of this Agreement be construed to remain fully valid, enforceable and binding on the parties.
Section 28. Survival of Representations and Warranties
All covenants, representations, warranties, and other agreements under this Agreement shall survive the Close of Escrow.
Section 29. Time is of the Essence
Time is of the essence and performance of this Agreement in respect to all provisions of this Agreement that specify a time for performance, and failure to comply with this provision shall be a material breach of this Agreement.
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Attachment: FINAL Council Agenda Staff Report Exhibits (Combined) 4-21-25 (5953 : Resolution Accepting Title to Parcel No. DKA7490-01-02 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - PUBLIC SALE
RW 16-5 (10/2020)
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
Section 30. Saturdays, Sundays, and Holidays
If any date by which an election or a notice must be given falls on a Saturday, Sunday or holiday, then the date by which an election or notice must be given is extended to 5:00 p.m. on the next business day following such Saturday, Sunday or holiday.
Section 31. Waiver
No breach of any provision of this Agreement can be waived unless in writing. Waiver of any one breach of a provision hereof shall not be deemed to be a waiver of any other breach of the same or any other provision, including the time for performance of any such provision. The exercise by a party of any provided in this Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this Agreement or at law.
Section 32. Default
If there is a default by the Purchaser, Caltrans shall notify the Purchaser the sale is canceled and liquidated damages shall be retained.
Caltrans may, at its discretion, offer the purchase to the next highest bidder(s), at the existing purchase price, or place the property in another auction.
Section 33. Vesting
Title shall be vested as follows:
______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ ☐ As Husband and Wife
☐ A Single Woman
☐ A Married Woman as her sole and separate property
☐ As Joint Tenants
☐ As Tenants in Common
☐ Other (specify): ______________________________________________________________________________________________ Section 34. Additional Terms & Conditions
Additional Terms & Conditions ☐ are / ☐ are not attached. ☐ Exhibit A – Legal Description
☐ Pre-Bid Registration
☐ Terms of Deposit and Purchase and Sale Agreement (from Public Auction Brochure) ☐ Other (specify): ______________________________________________________________________________________________
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Attachment: FINAL Council Agenda Staff Report Exhibits (Combined) 4-21-25 (5953 : Resolution Accepting Title to Parcel No. DKA7490-01-02 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - PUBLIC SALE
RW 16-5 (10/2020)
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
Recommended for Approval by:
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
Signature: _______________________________________________ Dated: _______________________________________________
Signature: _______________________________________________ Dated: _______________________________________________
Signature: _______________________________________________ Dated: _______________________________________________
By: _____________________________________________________ Right of Way Agent
APPROVED:
By: _____________________________________________________ Senior Right of Way Agent
PURCHASER (________________________________________):
By: _____________________________________________________ By: _____________________________________________________ Signature: _______________________________________________ Dated: _______________________________________________
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Attachment: FINAL Council Agenda Staff Report Exhibits (Combined) 4-21-25 (5953 : Resolution Accepting Title to Parcel No. DKA7490-01-02 EXHIBIT "C"
Certificate of Acceptance
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Attachment: FINAL Council Agenda Staff Report Exhibits (Combined) 4-21-25 (5953 : Resolution Accepting Title to Parcel No. DKA7490-01-02
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Quitclaim Deed, recorded with the County of San Bernardino as Document No. [TBD] dated [TBD], from THE STATE OF CALIFORNIA to the CITY OF BARSTOW (“Grantee”), a municipal corporation of the State of California, is hereby accepted by the undersigned officer on behalf of the authority of the City Council of the City of Barstow, and the Grantee consents to the recordation thereof by its duly authorized officer.
CITY OF BARSTOW
Date:________________________ By:_____________________________ Rochelle Clayton, City Manager
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Attachment: FINAL Council Agenda Staff Report Exhibits (Combined) 4-21-25 (5953 : Resolution Accepting Title to Parcel No. DKA7490-01-02