Barstow City Council
August 5, 2025

BARSTOW CITY COUNCIL /

BARSTOW FIRE PROTECTION DISTRICT

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
AUGUST 5, 2025
7:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA

JOINT SPECIAL MEETING
Agenda-August 5, 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
Paul Niemeyer
Andrew Ziemer
Beatrice Lint
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 – REGULAR MEETING 7:00PM
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-August 5, 2025

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:

1. CERTIFICATE OF RECOGNITION FOR THE BARSTOW SUPERSTARS CHEERLEADING SQUAD
Recommended Action:

Presentation only.

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.

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

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

MINUTES ALL AGENCIES:

2. MINUTES OF THE JOINT SPECIAL MEETING - JUNE 3, 2025 AT 6:00 P.M.

Recommended Action:

Approve minutes as presented.

ACCOUNTS PAYABLE ALL AGENCIES: NONE
CITY COUNCIL:

3. SECOND READING AND ADOPTION OF ORDINANCE NO. 1032-2025 ADDING CHAPTER

9.74 TO, AND AMENDING SECTIONS 19.14.030, 19.16.020, AND 19.16.030 OF, THE

BARSTOW MUNICIPAL CODE REGARDING SMOKE SHOPS AND TOBACCO STORES Recommended Action:

That the City Council adopt Ordinance No. 1032-2025 adding Chapter 9.74 to, and amending sections 19.14.030, 19.16.020, and 19.16.030 of, the Barstow Municipal Code regarding smoke shops and tobacco stores.

4. CORRECTION TO RESOLUTIONS FOR SBC ASSESSMENT 2025/2026 TAX ROLL Recommended Action:

Agenda-August 5, 2025

Staff recommends the approval of the additional verbiage to the Resolutions adopted with the City Council Meetings listed below:

1. July 15, 2025 Council Meeting - Unpaid Trash Collection/Sewer Fees

2. May 20, 2025 Council Meeting - Delinquent Property Abatement Costs and Penalties

3. August 19, 2024 Council Meeting - Delinquent Property Abatement Costs and Penalties DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FROM THE

CONSENT CALENDAR BY THE COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME).

BUSINESS / ACTION ITEMS:

PUBLIC SAFETY UPDATES:

COUNCIL COMMITTEE REPORTS:

BUSINESS OF THE COUNCIL:

STAFF REPORTS:

CITY MANAGER UPDATE:

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 1ST day of August, 2025.

Agenda-August 5, 2025

Approved:
________________________
Rochelle Clayton, City Manager
Joint Special Council/BFPD
08/5/25 07:00 PM
City Clerk / Records
Maria Chavez
Presentation
Doc ID: 6085

AGENDA ITEM
AGENDA MATTER:

CERTIFICATE OF RECOGNITION FOR THE BARSTOW SUPERSTARS CHEERLEADING SQUAD EXECUTIVE SUMMARY:

A certificate of recognition will be presented to the Barstow Superstars Cheerleading Squad for their accomplishments.

DISCUSSION:

Presentation only.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Presentation only.
1 Packet Pg. 5
Joint Special Council/BFPD
08/5/25 07:00 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 6083

AGENDA ITEM
AGENDA MATTER:

MINUTES OF THE JOINT SPECIAL MEETING - JUNE 3, 2025 AT 6:00 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
2 Packet Pg. 6

BARSTOW CITY COUNCIL /

BARSTOW FIRE PROTECTION DISTRICT

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JUNE 3, 2025
6:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

JOINT SPECIAL MEETING
Minutes-June 3, 2025

CALL TO ORDER - CLOSED SESSION:

MAYOR SILVA called the closed session meeting to order at 6:00 PM PLEDGE OF ALLEGIANCE:

MAYOR SILVA led in the Pledge of Allegiance
ROLL CALL:

Attendee Name Title Status Arrived
James M. Noble Council Member Present
Barbara Mae Rose Mayor Pro Tem Present
John Williams Council Member Present
Carmen Hernandez Council Member Present
Timothy Silva Mayor Present
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 EING 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.

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

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

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Attachment: 06.03.2025 Minutes Final (6083 : Minutes of the Joint Special Meeting June 3, 2025 6:00 PM) Minutes-June 3, 2025

SPEAKERS

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke on item #2 and asked what the function will be of the Admin Services Director. - Asked who will monitor the contracts the city has.
- Would like to know if new employees will be introduced to the public soon.

CITY MANAGER ROCHELLE CLAYTON
- Mentioned that the Admin Services Director does not oversee contracts; they oversee HR, IT, and other departments that do not have a director.
- Clarified that there is a plan for contract monitoring in the Finance Department. - Mentioned that there is a plan to introduce new employees to the public as they come along.

MOTION TO GO INTO CLOSED SESSION:

RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Rose, Williams, Hernandez, Silva
CLOSED SESSION AGENDA ITEMS:

1. CONFERENCE WITH LABOR NEGOTIATORS
Conference with Labor Negotiators (Gov. Code § 54957.6) City & District Negotiators: City Manager/District Manager Rochelle Clayton Employee Organizations:

Unit 1 - Teamsters Local 1932
Unit 2 - Teamsters Local 1932
Unit 3 - Barstow Police Officers’ Association
Unit 5 - Barstow Professional Firefighters Association
Unit 6 - Barstow Management Employees’ Association
Unit 8 - Barstow Police Department Management Association All Unrepresented Employees

2. PUBLIC EMPLOYEE APPOINTMENT
(Government Code Section 54957)
Position Title: Police Chief

3. CONFERENCE WITH LEGAL COUNSEL; ANTICIPATED LITIGATION 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. The following facts and circumstances known to plaintiff or plaintiffs regarding (Gov. Code § 54956.9(e)(2)). Transactional occurrence: Letters from CalPERS.

4. CONFERENCE WITH LEGAL COUNSEL; ANTICIPATED LITIGATION 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

5. CONFERENCE WITH LEGAL COUNSEL; ANTICIPATED LITIGATION

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Packet Pg. 8
Attachment: 06.03.2025 Minutes Final (6083 : Minutes of the Joint Special Meeting June 3, 2025 6:00 PM) Minutes-June 3, 2025

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
REPORT OF CLOSED SESSION:

CITY ATTORNEY, MATTHEW SUMMERS, reported the following:
- The council met in closed session to consider three of the five items. Met regarding items 3 & 4, anticipated litigation related to some letters from CalPERS in a matter that might result in possible litigation against the city, direction was provided to staff and counsel with no reportable action. - Met regarding item 2, council began the item regarding Public Employment Appointment for the Police Chief and took no reportable action.

Close session was adjourned and will be continued at the end of tonight’s Joint Special Meeting.

Close session convened at 12:40 A.M.
- Second part of item 2 Administrative Service Director and items 1 & 5 regarding conference with labor negotiators, and anticipated litigation. Direction was provided to council and no reportable actions were taken.

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

MAYOR SILVA called the meeting to order at 7:05 PM
INVOCATION:

COUNCIL MEMBER NOBLE led the invocation.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER HERNANDEZ led the Pledge of Allegiance.

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

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

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

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

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

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

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

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Attachment: 06.03.2025 Minutes Final (6083 : Minutes of the Joint Special Meeting June 3, 2025 6:00 PM) Minutes-June 3, 2025

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

Motion made by MAYOR PRO TEM ROSE, seconded by COUNCIL MEMBER NOBLE, to table item 6 to the next meeting and approve the rest of the agenda as presented.

RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Mayor Pro Tem
SECONDER: James M. Noble, Council Member
AYES: Noble, Rose, Williams, Hernandez, Silva
PRESENTATIONS:

6. CERTIFICATE OF APPRECIATION FOR FORMER MISS BARSTOW 2024 Recommended Action:

Presentation only.

RESULT: TABLED Next: 6/17/2025 5:30 PM

7. ASSEMBLY BILL 2561 (2024)
Recommended Action:

Receive and file report on employee vacancies as of December 31, 2024 per Assembly Bill 2561 Attachment A - Bill Text - AB 2561

HR MANAGER DARCY WIGINGTON
- Presented the staff report as filed with the City Clerk's office.

MAYOR PRO TEM ROSE
- Asked what the timelines are to fill vacancies.
- Would like to see some timelines established for the recruitment process. - Asked who reviews internal applicants for minimal qualifications. - Asked what the repercussions are if someone gets the job and they do not meet the minimum qualifications.
- Would like to know when the vacancies occurred in 2024. - Asked if employees planning to retire are required to inform HR of their plans. - Asked if once a retirement letter is presented to HR, the recruitment process starts. - Asked if HR attends job fairs and what the success rates are on those events.

CITY ATTORNEY MATTHEW SUMMERS
- Noted that there are a couple of levels of reviews. The first one is with HR, the second one with the City Manager, and the Department Head.
- Mentioned that if the situation is caught past several levels of reviews, then it will be reviewed at the City Manager level.

HR MANAGER DARCY WIGINGTON
- Clarified that there are no set timelines to fill those positions. - Noted that employees planning to retire are requested to present something in writing with the effective date of their retirement.
- Clarified that once HR receives the letter recruitment process starts. - Mentioned she does not participate in job fairs, nothing those are attended by the police & fire department.
- Noted until recently, the HR department consisted of just one employee.

SPEAKERS

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Attachment: 06.03.2025 Minutes Final (6083 : Minutes of the Joint Special Meeting June 3, 2025 6:00 PM) Minutes-June 3, 2025

GEMMA DAY, BARSTOW, CALIFORNIA
- Noted currently she is an Investigator for the Barstow Police Department and represents Unit 3. - Expressed concerns with the high rate of vacancies in the Department and how this is hindering the employees.
- Requested these issues be fixed for the well-being of the department and the community.

BRYCE CARSON, BARSTOW, CALIFORNIA
- Noted he is a Detective for the Barstow Police Department and Vice President for the Barstow Police Officers Association.
- Mentioned he concurs with Mrs. Day's comments and expressed concerns with the decline of interest in law enforcement nationwide.
- Explained the current and future needs of the department.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if, under the new bill, there is a timeline as to when the positions need to be filled, and asked why the shortage of personnel is just being discussed in this meeting. - Asked why these concerns were not voiced before.

MAYOR SILVA
- Noted that the purpose of AB2561 is to report more than a 20% vacancy rate.

CITY MANAGER, ROCHELLE CLAYTON
- Noted, there is a public report published on the Police Department's website that gives crime statistics.

INTERIM POLICE CHIEF DANIEL ARTHUR
- Explained how to obtain crime statistics reports from the City's website. - Noted it's up to date until April 2025.

DISCUSSION

MAYOR PRO TEM ROSE
- Explained what the purpose of AB2561 is.
- Spoke on the hardships the Barstow Police Officers face every day with the high number of vacancies.
- Would like to bring down the percentages on vacancies and explain how these affect daily operations.

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

PUBLIC TO ADDRESS THE GOVERNING BOARD ON MATTERS NOT ON THE AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

SPEAKERS

GILBERT ASA, BARSTOW, CA
- Spoke of falsified reports and upholding the law.

KIVA BUTLER, BARSTOW, CA
- Spoke of issues with Code Enforcement and violations on her property.

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Attachment: 06.03.2025 Minutes Final (6083 : Minutes of the Joint Special Meeting June 3, 2025 6:00 PM) Minutes-June 3, 2025

THERESA TANK, BARSTOW, CA
- Asked for an update on the dog that was shoot on March 15th, and spoke of the latest dog shooting.

JOHN WEAVER, BARSTOW, CA
- Spoke of the incident regarding the dog attack that just occurred.

NICOLAS BROWN, BARSTOW, CA
- Spoke of an incident with Police Department in December 2024 and wanted to know the status of his case.

MIKE HERNANDEZ, BARSTOW, CA
- Asked about ADA and why the Council is allowed to speak on an item not on the agenda.

SONIA COMPTON, BARSTOW, CA
- Asked about the Measure Q meeting and asked for a timeline from the Council. - Expressed concerns with the lack of communication from the city.

TED WEASMA, BARSTOW, CA
- Spoke of physical public safety and fire hazards not being addressed, and would like to see results.

MARSHA WEASMA, BARSTOW, CA
- Spoke of the appointment of Measure Q candidate for District 1.

VIRGINIA BROWN, BARSTOW, CA
- Spoke of Code Enforcement interactions and said she is disappointed in what Council has allowed past staff do to the members of the community.

ET SNELL, NEWBERRY, CA
- Spoke of the rundown homes in the city and would like to speed up the process of addressing the mental health issues. Status of Interviews for Police Chief.

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:

8. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:

Approve and ratify expenses, as audited, checks #99419-99625 totaling $5,400,577.53 and wires #1126-1140 totaling $624,827.64, per the Agency breakdown below:

City: $5,898,083.30
Fire: $127,321.87
Successor Agency: $0.00
Grand Total: $6,025,405.17

SPEAKERS

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Attachment: 06.03.2025 Minutes Final (6083 : Minutes of the Joint Special Meeting June 3, 2025 6:00 PM) Minutes-June 3, 2025

MIKE HERNANDEZ, BARSTOW, CA
- Spoke regarding the payments to the Marriott and the amount of money that has been paid in the last 15 months.

RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Council Member
AYES: Noble, Rose, Williams, Hernandez, Silva
CITY COUNCIL:

9. REQUEST FOR PUBLIC HEARING - DELINQUENT TRASH AND SEWER ACCOUNTS Recommended Action:

Staff recommends the City Council:

Set the public hearing for delinquent sewer and trash (utility) accounts for Tuesday, July 15, 2025, at 7:00 p.m. in the Barstow Council Chambers located at 220 E. Mountain View St., Barstow, CA 92311.

RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Council Member
AYES: Noble, Rose, Williams, Hernandez, Silva
DISCUSSION / ACTION ON DEFERRED ITEMS:

BUSINESS / ACTION ITEMS:

10. AWARD OF CONTRACT FOR WASTEWATER TREATMENT PLANT POND 1 & 2 PIPELINE

PROJECT
Recommended Action:

1. Award the contract for the Wastewater Treatment Plant Pond 1 & 2 Pipeline Project to Kelly’s Underground Construction as the lowest responsive bidder in the amount of $348,660.00; and

2. Authorize the City Manager to execute the contract and any related documents necessary to carry out the project.

LEAD OPERATOR MATTHEW FRANKLIN
- Presented the report as filed with the City Clerk's office.

SPEAKERS

MIKE HERNANDEZ,
- Asked how long the ponds would be out of service.

LEAD OPERATOR MATTHEW FRANKLIN
- Said currently the ponds are almost empty, and the project should be completed by the end of the summer.

COUNCIL MEMBER HERNANDEZ
- Clarified this project was under budget and congratulated staff for their hard work.

COUNCIL MEMBER WILLIAMS
- Commended staff for their hard work.

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Attachment: 06.03.2025 Minutes Final (6083 : Minutes of the Joint Special Meeting June 3, 2025 6:00 PM) Minutes-June 3, 2025

RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Mayor Pro Tem
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Rose, Williams, Hernandez, Silva

11. COMMUNITY PROMOTIONAL FUND APPLICATION FROM THE ART AND INDUSTRIAL

WOMEN'S CLUB
Recommended Action:

Approve a Community Promotional Fund donation in the amount of $1,000 and $623.10 of in-kind donations to the Art and Industrial Women's Club.

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

SPEAKERS

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Mentioned this is a great event for the community and invited the public to attend this free event.

COUNCIL MEMBER WILLIAMS
- Requested Public Works to check on the tree that needs trimming.

COUNCIL MEMBER NOBLE
- Invited the public to attend this fantastic event.

MAYOR PRO TEM ROSE
- Also invited the public to attend the event and requested that the perimeter of the whole park be in good condition to prevent any injuries and liabilities.

RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Council Member
AYES: Noble, Rose, Williams, Hernandez, Silva

12. FIRST READING AND INTRODUCTION OF AN ORDINANCE OF THE CITY OF BARSTOW

ADOPTING OF FIRE HAZARD SEVERITY ZONES IN THE LOCAL RESPONSIBILITY AREA Recommended Action:

That the City Council approve the first reading of Ordinance No. 1031-2025 regarding adoption of a fire hazard severity zones in Local Responsibility Area.

FIRE CHIEF CORY CISNEROS AND COMMUNITY DEVELOPMENT DIRECTOR CHRIS

HELDRETH
- Presented the report as filed with the City Clerk's office.

COUNCIL MEMBER WILLIAMS
- Asked if this will affect insurance rates.

COMMUNITY DEVELOPMENT DIRECTOR, CHRIS HELDRETH
- Gave a rundown of the different processes insurance companies have to audit areas to establish insurance rates.
- Noted this presentation does not affect insurance rates in our community, but across the state, California insurance rates are going up.

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Attachment: 06.03.2025 Minutes Final (6083 : Minutes of the Joint Special Meeting June 3, 2025 6:00 PM) Minutes-June 3, 2025

COUNCIL MEMBER HERNANDEZ
- Asked which insurance companies came around.
- Thanked staff for presenting this agenda item and informed the public regarding the requirements per state law.

COMMUNITY DEVELOPMENT DIRECTOR CHRIS HELDRETH
- Explained it’s not a specific insurance company, but a government body that sets the rates throughout the community.
- Noted this audit is done every three to four years.
- Mentioned the city rating has improved in the last audits, and they provided information on how to continue to improve.
- Noted training is one of the ways to increase points and get a better rating.

SPEAKERS

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Expressed concerns with this agenda item and asked how many structures where burn down last year.
- Would like to see statistics on these incidents.

RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Council Member
AYES: Noble, Rose, Williams, Hernandez, Silva

13. APPROVAL OF AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF

BARSTOW AND BARSTOW HUMANE SOCIETY FOR ANIMAL SHELTERING AND ANIMAL

CONTROL SERVICES
Recommended Action:

Staff recommends that the City Council approve the Amended and Restated Agreement with the Barstow Humane Society, which expands the City’s existing contract for animal sheltering services to include animal control services, and authorize the City Manager to execute the agreement.

COMMUNITY DEVELOPMENT DIRECTOR CHRIS HELDRETH AND POLICE CHIEF DANIEL ARTHUR
- Presented the report as filed with the City Clerk's office.

COUNCIL MEMBER HERNANDEZ
- Asked for the total cost of this contract.
- Asked for clarification on the veterinary services.
- Would like to see a partnership with a non-profit to keep the cost of services down.

COMMUNITY DEVELOPMENT DIRECTOR CHRIS HELDRETH
- Explained that the City of Barstow entered into a contract with the Humane Society, in which contract, there is a clause where they will be constructing new kennels. - No payment will be provided until those kennels are constructed, project should be completed by July 1st, 2025.
- Currently, the city is paying a one-time cost of $211 per animal until cages are done. - Explained that they added the new animal services aspect to the existing contract.

FINANCE DIRECTOR SYDNIE HARRIS
- Explained that the total annual cost of the contract will be $423K for the animal shelter services, plus $60K for capital improvements, plus $250K for the animal control officer, totaling $733K annually.

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CITY ATTORNEY MATTHEW SUMMERS
- Clarified staff will be adding a sentence to section 7.16 "City shall be responsible for reimbursing the Humane Society for the immediately reasonable and necessary veterinary cost for the initial intake" adding the sentence "any veterinary care costs above 500 dollars per animal must be approved by the City Manager or designee before be eligible for reimbursement from the city".

COMMUNITY DEVELOPMENT DIRECTOR CHRIS HELDRETH
- Clarified that, per State Law, when an animal control officer catches an injured animal, this must be taken to an animal hospital to be assessed.
- Noted that when this occurs on the weekend or at night, the nearest emergency hospital is in Victorville, which can be more costly than when this occurs during business hours. - Mentioned that if there is something wrong with the animal, then they will provide medicine for that (that is the immediate need), but it has to go through the city manager if any additional care or treatment is needed.

MAYOR PRO TEM ROSE
- Asked if they are at capacity for animals at the Humane Society. - Asked what the cost is to adopt an animal.
- Asked if the city, as a part of the agreement, can ask the Humane Society that twice a year do a special with cutting prices to adopt.

COMMUNITY DEVELOPMENT DIRECTOR CHRIS HELDRETH
- Mentioned they are at capacity now.
- Clarified that the Humane Society does adoptions daily, and they advertise on multiple platforms.
- Noted there are rules in the contract stating the city wants them to give animals for adoption. - Mentioned they have a website where they put animal pictures for adoption.

COUNCIL MEMBER NOBLE
- Would like to see some of the previously discussed ideas applied to the agreement.

MAYOR SILVA
- Asked for further clarification on section 10.1.5 Deduction for Promissory Note Repayment.

CITY MANAGER ROCHELLE CLAYTON
- Noted they found a discrepancy, and staff will look into that.

CITY ATTORNEY MATTHEW SUMMERS
- Clarified the discrepancy, noting this does add up when you add the 59 monthly installments of $5,167.00 and a final monthly installment of $5,147.00.

SPEAKERS

TERESA TANK, BARSTOW, CALIFORNIA
- Expressed concern on how this agreement was handled and asked who would be providing animal control services after hours.
- Noted she does not see any improvement with this contract. - Spoke on non-profits wanting to come to town and do spay and neuter for $1.00, would like to know the status on that.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Would like to know what the full contract will look like, and would like to know the full amount of the contract.
- Would like to see some information available on channel 6 for adoptions.

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TED WEASMA, BARSTOW, CALIFORNIA
- Expressed his support for the Humane Society.
- Spoke about cat cages, would like to see at least 4 cat cages. - Mentioned he agrees with adoptions and would like to see this information available on Channel

6. - Expressed concerns with the after-hours services, would like officers to get trained in how to deal with animals.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Mentioned the issues with the Humane Society had been a disaster since the beginning. - Noted there are too many stray animals that need to be neutered. - Would like to see some of this information available on Channel 6.

ET SNELL, BARSTOW, CALIFORNIA
- Would like to see something done for the benefit of local animals. - Would like to see a commission put together to protect the animals in the city. - Would like staff to have a backup plan so this situation does not happen again, and would like to see non-profits getting involved.

EFREM HOLLIE, BARSTOW, CALIFORNIA
- Spoke on an incident he had with his dog.
- Would like to know what the time frame is to retrieve a pet when it is taken from the Humane Society.

COMMUNITY DEVELOPMENT DIRECTOR CHRIS HELDRETH
- Mentioned that the previous agreement with the Humane Society was not 24/7. This was actually from Tuesday to Friday, and they had a half day on Saturdays. - Noted that the Police Department had always picked up animals after hours. - Clarified with the new contract, the proposal is that the Barstow Humane Society will provide Animal Control Officers 7 days a week for operating hours. - Noted the shelter will not be open to the public, but the animal control officers will be working 7 days a week during normal operating hours.
- Mentioned that the Police Department will pick up animals after hours, and they will be dropped off at the Barstow Humane Society.
- Mentioned that there are mechanisms put in place for the auditing of the books. - Noted staff will be having meetings with the Barstow Humane Society Board Members, and inspections will be done by the city at their facility. - Explained that the time frame to retrieve an animal is a State Law governing the Humane Society Policy.

CITY ATTORNEY MATTHEW SUMMERS
- Explained section 17, which talks about the auditing of the books. - Spoke about section 12.2 Animal sheltering and control services contract meetings.

MAYOR PRO TEM ROSE
- Would like the Humane Society to clarify what the time frame is to retrieve an animal in their possession, and the reason why they went from 4 cat cages to 2.

Motion by COUNCIL MEMBER NOBLE, seconded by COUNCIL MEMBER HERNANDEZ, to suspend the rules and allow Barstow Humane Society Board Members representatives to answer questions. 5-0

MAYOR PRO TEM ROSE
- Asked what the reason why they went from 4 to 2 cat cages.

MAYOR SILVA

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- Asked for clarification on the policy on how long a pet is kept at the Humane Society for the owner to claim it.

BARSTOW HUMANE SOCIETY BOARD MEMBERS
- Mentioned this is a discussion they had with the Barstow Police Department, for after-hours kennels needed to be left open for after-hours services, noting they always have more dogs than cats.
- Noted they will always have 4 open kennels for the dogs and 2 open kennels for the cat for after hours.
- Noted they abide by state law, but will get a clarification on the incident that happened with Mr.

Hollie's pet.

Motion made by COUNCIL MEMBER NOBLE, seconded by COUNCIL MEMBER HERNANDEZ, to approve adding the necessary language discussed previously and have further discussion with Humane Society.

RESULT: APPROVED [UNANIMOUS]
MOVER: James M. Noble, Council Member
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Rose, Williams, Hernandez, Silva
BREAK:

MAYOR SILVA CALLED FOR A 10 MINUTE BREAK AT 9:51 P.M.

MAYOR SILVA RESUMED THE MEETING AT 10:03 P.M. with all members present.

14. CAPITAL IMPROVEMENT PROJECT BUDGET AND COUNCIL PRIORITIES Recommended Action:

1. Review the Capital Improvement Project needs and funding resources, including financing options, and project needs; and

2. Provide direction to staff on Council priorities and Capital Improvement Project priorities, to incorporate into the FY2025-26 Operating and Capital Budget.

CITY MANAGER ROCHELLE CLAYTON
- Presented the report as filed with the City Clerk's office.

STREETS RECOMMENDATIONS

MAYOR SILVA
- Listed his street priorities: Grace St/ Virginia Way / Cal Ave. / Lenwood Rd and maintenance slurry.

COUNCIL MEMBER SILVA
- Would like to add to priority list: Crooks St.

COMMUNITY DEVELOPMENT DIRECTOR CHRIS HELDRETH
- Announced that there are already $ 800,000 in the city's budget for slurry projects. - Noted that the city has a projection of about 6 million dollars in revenue for the upcoming fiscal year that they would like to allocate.
- Noted staff recommends Virginia Way and Grace Street because these present a hazard. - Stated these should be done together because there will be savings in mobilization and cost. - Mentioned that he recommends fixing both Cal St and Sage St together because they are in poor condition.
- Clarified staff recommendation is to start with Virginia Way and Grace Street, and then go back

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to the council to ask for direction if funds are available to complete other projects. - Mentioned Measure I project CIP list will be presented to the council for approval in the next two months.
- Noted the plan is to break the Laverne retention basin into two phases to be able to use county funds before using city funds.

MAYOR PRO TEM ROSE
- Asked if there was a consideration for Riverside Dr., from Yucca to Lawrence Dale Pkwy.

COUNCIL MEMBER NOBLE
- Would like to know the time frame for the report to be available.

COMMUNITY DEVELOPMENT DIRECTOR CHRIS HELDRETH
- Noted there is a report that helps staff decide where it will be more efficient to use available funds.
- Mentioned that every single street within the city is being assessed currently. - Clarified that the report's final draft should be available within the next two months.

MAYOR SILVA
- Would like to add Lenwood Rd. to the list.

COUNCIL MEMBER WILLIAMS
- Asked if it would be better to fix the streets with a lower cost to be able to repair a larger number of streets.

COMMUNITY DEVELOPMENT DIRECTOR CHRIS HELDRETH
- Clarified that Virginia Way was chosen because of the amount of traffic on that street, and this will continue to deteriorate the street.

COUNCIL MEMBER HERNANDEZ
- Mentioned she thinks Virginia Way is a better choice because of the traffic around the area, noting this is a public safety.

CITY MANAGER ROCHELLE CLAYTON
- Noted they will try to incorporate all streets in need of repair, but they would like to prioritize Virginia Way.

MAYOR PRO TEM ROSE
- Would like to go with staff recommendations.

PARKS RECOMMENDATIONS

COUNCIL MEMBER WILLIAMS
- Asked for further information on the solar lights and what areas these will be placed in.

COMMUNITY DEVELOPMENT DIRECTOR CHRIS HELDRETH
- Noted this was a proposal to change hard-wired LED lights to LED solar lights. - Mentioned they are looking into solar LED lights for the pickle ball court and tennis court.

MAYOR PRO TEM ROSE
- Asked if there is any consideration for the H St. soccer field lighting.

COMMUNITY DEVELOPMENT DIRECTOR CHRIS HELDRETH
- Mentioned the project is not in this list because that project is part of the cannabis project list.

COUNCIL MEMBER HERNANDEZ

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- Asked for clarification on the Dana Park pickle ball court fence divider. - Asked about the reduced grass and landscaping at Dana Park.

MAYOR PRO TEM ROSE
- Explained that vandals destroyed the pickle ball mobile fence dividers and need to be replaced. - Mentioned they are looking to install permanent fence dividers. - Noted the idea is to reduce grass on some areas and increase it on other areas where it can be better utilized.
- Asked if the programmable marquee sign for the community announcements at Dana Park has been vandalized.
- Would like to put the $60,000 for the marquee sign somewhere else, and stay with the old school sign.

COMMUNITY DEVELOPMENT DIRECTOR CHRIS HELDRETH
- Clarified that the current one is an old school one that has to be done manually; the proposed one will be digital.

MAYOR SILVA
- Stated he is more concerned with safety, so would like to see some lighting.

MAYOR NOBLE
- Would like staff to look into ADA compliance at all parks.

COUNCIL MEMBER HERNANDEZ
- Would like staff to look at the evaporative coolers at Jasper Park.

COMMUNITY CENTERS RECOMMENDATIONS

COUNCIL MEMBER HERNANDEZ
- Asked when the racquetball courts were done.
- Asked for the desert landscaping for the Cora Harper.

COMMUNITY DEVELOPMENT DIRECTOR CHRIS HELDRETH
- Noted that a refurbishment was done at the basketball court, but not the racquetball court.

CITY MANAGER ROCHELLE CLAYTON
- Clarified that the desert landscaping is at the Senior Center.

Motion made at 10:50 P.M. by MAYOR PRO TEM ROSE, seconded by COUNCIL MEMBER NOBLE to suspend the rules to continue meeting after 11:00 P.M. 5-0

MAYOR PRO TEM ROSE
- Asked if the senior ADA Restroom can be done with CDBG funds.

COMMUNITY DEVELOPMENT DIRECTOR CHRIS HELDRETH
- Mentioned that this can be put on the CDBG list for qualification.

INFRASTRUCTURE RECOMMENDATIONS

COMMUNITY DEVELOPMENT DIRECTOR CHRIS HELDRETH
- Recommended the needs of the WWTP and possible expansion.

PUBLIC SAFETY RECOMMENDATIONS

MAYOR PRO TEM ROSE
- Noted she thought the remodel of the Police Department was complete.

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COMMUNITY DEVELOPMENT DIRECTOR CHRIS HELDRETH
- Clarified the Police Department remodel was not complete and mentioned the need for the locker room expansion.
- Noted the Evidence Room floor needs to be replaced.

INTERIM POLICE CHIEF DANIEL ARTHUR
- Noted this is in preparation for future growth.
- Clarified assessment was done at the annex, and there is no room for growth there. - Mentioned that the money used for the Police Department was Measure Q and Cannabis money.

SPEAKERS

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Noted there are only six months left to finish the street repairs because this has to be done in the hotter months.
- Mentioned that there will not be enough time to complete the project. - Noted that the city should use all the money they have available to complete projects. - Mentioned that the money left over for Lillian Park can be used for the Senior Center. - Asked why cameras had not been installed at the tennis court to prevent people from stealing the wires
- Would like to see copies of presentations made available to the public.

MAYOR PRO TEM ROSE
- Thanked the staff for putting together this presentation.

RESULT: PRESENTATION ONLY

15. A RESOLUTION AUTHORIZING THE EXECUTION OF A MASTER LEASE-PURCHASE

AGREEMENT AND RELATED DOCUMENTS WITH HOLMAN CAPITAL FOR THE

LEASE/PURCHASE OF A ENFORCER PIERCE ULTIMATE CONFIGURATION PUMPER FIRE ENGINE.

Recommended Action:

Staff recommends the City Council:

1. Approve BFPD Resolution 74-2025 authorizing the Barstow City Council to execute the Master Lease-Purchase Agreement and related documents with Holman Capital to finance the acquisition of a Pierce Fire Engine, with a cost not to exceed a total of $1,119,983.96 collectively, as defined in the Discussion Section of this staff report.

2. Discuss the available financing for additional purchasing ability in an amount not to exceed $4,400,000.00.

FINANCE DIRECTOR SYDNIE HARRIS
- Presented the report as filed with the City Clerk's office.

COUNCIL MEMBER HERNANDEZ
- Asked for further clarification on option 1.

FINANCE DIRECTOR SYDNIE HARRIS
- Clarified how the retention fund would work.
- Noted that there is no penalty to pay off early, but they do not accept payments in addition to the annual amount unless the full balance is paid off.
- Clarified that the danger of choosing this option is that the future council can reverse what this council is doing.

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SPEAKERS

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked for clarification on the amount that will actually be allocated for the payment. - Noted that there needs to be a better system for doing the city's books. - Asked for a vote of 4 people to sign off on restricted funds.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Expressed concerns with the way this item is being handled.

MAYOR PRO TEM ROSE
- Asked if there is a possibility to tie these restricted funds to the 4 council members' votes.

CITY ATTORNEY MATTHEW SUMMERS
- Mentioned he was not aware that it was possible.
- Clarified Measure Q is controlled by the council by 3 votes and not 4. - Noted current council cannot bind future councils; only voters can bind on Measure Q.

FINANCE DIRECTOR SYDNIE HARRIS
- Mentioned that the idea of bringing this item back was to free up cash to be put on other priorities.
- Clarified that this action is not delaying the purchase of the fire engine; it is just that the cash has not left the building to pay for the purchase order. - Noted that the fire truck takes approximately 3+ years for the entire build-out, and the city is currently 5-6 months into the process.
- Mentioned the intention is to have the fire truck almost paid off by the time it is delivered.

Motion made by MAYOR PRO TEM ROSE, seconded by COUNCIL MEMBER NOBLE, choosing option A with the understanding that the funds will be put into the retention fund, to pay off within 5 years.

RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Mayor Pro Tem
SECONDER: James M. Noble, Council Member
AYES: Noble, Rose, Williams, Hernandez, Silva
PUBLIC HEARINGS:

16. RESOLUTION APPROVING A REQUEST BY BURRTEC WASTE INDUSTRIES FOR A

CONSUMER PRICE INDEX (CPI) INCREASE
Recommended Action:

Conduct the Public Hearing and subject to testimony received, adopt Resolution No. 5222-2025, approving a request by Burrtec Waste Industries for a Consumer Price Index (CPI) increase of

2.61% to existing rates for waste collection and recycling services and waive the full reading.

ADMINISTRATIVE ANALYST TAYLOR BRITT
- Presented the report as filed with the City Clerk's office.

COUNCIL MEMBER HERNANDEZ
- Wanted to know what the amount was that they are compensating the city for administrative costs and the franchise service.
- Expressed concern about the organic fees.

ADMINISTRATIVE ANALYST TAYLOR BRITT
- Clarified A $0.04 per month increase in the administrative fee to reflect the CPI increase, and A

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$0.07 per month increase in the franchise fee to reflect the CPI increase.

MAYOR PRO TEM ROSE
- Asked what the increase was last year.
- Asked what options a household that does not produce enough trash has to reduce payment.

ADMINISTRATIVE ANALYST TAYLOR BRITT
- Explained that last year's increase was about 5%, in the dollar amount was about $4.00. - Noted that, unfortunately, there are no provisions to mitigate that issue in the current franchise agreement.

CITY ATTORNEY MATTHEW SUMMERS
- Mentioned that there are programs for economically disadvantaged households. - Noted there is also the option to obtain smaller barrels, which slightly reduces the fees.

BURRTEC REPRESENTATIVE, MICHEAL HEFFMAN
- Mentioned there is a 35-gallon service, and it is approximately 1/3 less than the standard 95 gallons available for residents.
- Noted this information can be put out in the newsletter article that goes out to residents.

MAYOR PRO TEM ROSE
- Would like to see this information available to the public as an insert attached to the bills. - Asked when Burrtec breaks the trash cans who picks up the bill on that.

ADMINISTRATIVE ANALYST TAYLOR BRITT
- Mentioned that a 30-day notice will be sent with the bills informing residents about the new rate increase, and will ask the Finance Department to incorporate that information as well. - Clarified Burrtec replaces broken trash cans at no cost to residents, but this is different if the trash can is stolen then there is a fee associated with that. - Noted resident just needs to call the utility billing department to schedule a trash can replacement.

COUNCIL MEMBER HERNANDEZ
- Asked the cost of a 35-gallon trash can.

ADMINISTRATIVE ANALYST TAYLOR BRITT
- Explained that with the proposed rate increase, the standard 95 gallons will be $35.51 and the 35 gallons will be $32.86.

COUNCIL MEMBER NOBLE
- Asked how long these services had been available to the public. - Would like this information to be available to the public.

BURRTEC REPRESENTATIVE
- Mentioned that the senior rate had been available to the public for a while.

ADMINISTRATIVE ANALYST TAYLOR BRITT
- Explained that this information is available on the city's website, but they can do an outreach to keep residents of Barstow informed.

MAYOR PRO TEM ROSE
- Noted, she also would like this information available to the public.

COUNCIL MEMBER HERNANDEZ
- Would like to see inserts with the bill to inform the public of their available options. - Would like to see announcements on channel 6 and the radio.

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MAYOR PRO TEM ROSE
- Asked if this information can be put with the billing. - Would like to see this information available to the public in different avenues as soon as possible.

CITY MANAGER ROCHELLE CLAYTON
- Noted this can be put in the billing, but there is an additional fee to have an additional insert.

MAYOR SILVA OPENED THE PUBLIC HEARING AT 11:49 P.M.

SPEAKERS

TED WEASMA, BARSTOW, CALIFORNIA
- Would like to know the exact amount residents will pay now. - Asked why the cost difference between the small and bigger barrels is so small.

ET SNELL, BARSTOW, CALIFORNIA
- Welcome, Mr. Chapa to Barstow.
- Asked how many increases Burrtec is allowed a year.
- Would like to see Barstow have their own trash hauling and dump site.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Would like to know the exact amount residents will have to pay now. - Commented on the Burrtec drivers and the job they do. - Would like to see a presentation on how to correctly dispose of trash.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Would like to know the exact cost.
- Expressed concern about the trash barrel cost.

JIM BROWN, BARSTOW, CALIFORNIA
- Asked how a household gets the discount.
- Asked if the street sweeper is part of the rate increase in services. - Expressed concern with the street sweeper, noting they need to improve their services.

THERESA TANK, BARSTOW, CALIFORNIA
- Mentioned information was shared on Facebook about the trash can replacement.

MAYOR SILVA CLOSED THE PUBLIC HEARING AT 12:03 A.M.

ADMINISTRATIVE ANALYST TAYLOR BRITT
- Mentioned the new cost for the standard 95 gallons will be $35.51 a month, and for the 35 gallon barrels will be $32.86 a month.
- Clarified the contract allows one rate increase per year per CPI. - Explained that to get a replacement, there is no cost; there is a cost for lost or stolen barrels. - Clarified last year's increase was about $4.00.
- Noted customers need to call the city for any questions or trash can replacements.

CITY MANAGER ROCHELLE CLAYTON
- Clarified that customers need to call the city for any billing or trash can replacement questions.

COUNCIL MEMBER NOBLE
- Requested a presentation regarding the green waste.

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RESULT: APPROVED [3 TO 2]
MOVER: James M. Noble, Council Member
SECONDER: Timothy Silva, Mayor
AYES: Noble, Williams, Silva
NAYS: Rose, Hernandez
PUBLIC SAFETY UPDATES:

INTERIM POLICE CHIEF DANIEL ARTHUR
- Mentioned that he will be attending the academy graduation for two trainees, who will have the swearing ceremony on June 16.
- Noted that with upcoming graduation celebrations, the public is encouraged to stay safe and be reasonable with loud music.
- Explaining that the Police Department is receiving complaints about parking violations and suggesting that the residents be mindful of where they park their vehicles.

FIRE CHIEF CORY CISNEROS
- Spoke on weather alerts about the flood threat around the community. - Noted they are currently working on the Firefighter Paramedic recruitment to fill the two vacancies at the Fire Department.
- Informed the public staff is currently working on applying for some grants. - Noted they are currently in negotiations with Victor Valley Community College for cost recovery of training hours.
- Mentioned that there were two structure fires within the district, no injuries reported.

COUNCIL COMMITTEE REPORTS:

COUNCIL MEMBER HERNANDEZ
- Mentioned the Street Committee Meeting will be on June 4 at 5 PM. - Noted the Mojave Air Quality District Meeting will be held on June 9.

COUNCIL MEMBER NOBLE
- Attended Barstow Economic Development Meeting on May 28. - VVTA Meeting will be June 16 in Hesperia.
- Military Affairs Meeting will be on June 10.
- Noted the MCLB looking for teams to participate in the golf tournament scheduled on September 6. - Fort Irwin will have the change of command on June 10 at 8 AM - Mentioned that the Army birthday will be on the 14th of June - USBSG Veterans' Support Group will have two events on July 19 at 10 AM at Dana Park and a fishing day at Hesperia Lake from 9 AM -2 PM.

COUNCIL MEMBER WILLIAMS
- None.

MAYOR PRO TEM ROSE
- Rules and Policy Committee met on May 27. Discussed amendment of chapter 9.45 "Temporary Uses" to require a temporary use permit for all events on city property with alcohol. Next meeting June 24 at 5 PM.
- Next Homeward Bound Committee meeting will be on June 12 at 5 PM.

MAYOR SILVA
- Mentioned he attended the Barstow Chamber Economic Development Meeting.

BUSINESS OF THE COUNCIL:

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COUNCIL MEMBER HERNANDEZ
- None.

COUNCIL MEMBER NOBLE
- Mentioned he would like to meet with the City Manager.

COUNCIL MEMBER WILLIAMS
- Apologized that he was not able to answer some of the questions from the public regarding the shooting of an animal.
- Apologized to past Mayor, past Council Member Dyer Kruse, City Manager, Council Member Noble, and some residents, for his previous harsh comments.
- Noted he is stepping down from the Homeward Bound and Rules and Policy Committees.

MAYOR PRO TEM ROSE
- Would like to see a timeline for the Measure Q meeting. - Addressed Mrs. Weasma's comments regarding the selection of the Measure Q committee members.
- Addressed comments about the ADA parking.
- Concerned about Council Member Williams stepping down from committees as a whole.

MAYOR SILVA
- Announced there is a STEM Camp at Barstow College for the summer, June 9 through June 12. For more information, call 760-252-6799.
- Mentioned Saturday, the 31st of May, the city recognized Frank Villegas, a 100-year-old Veteran from WWII.
- Mentioned 4 months ago, he and Council Member Williams met with some of the tenants of the Stater Bros shopping center to discuss concerns about activities at their parking lot. - Mentioned that Stater Bros will be having a ribbon cutting and will make a donation to PAL.

STAFF REPORTS:

NONE.

CITY MANAGER COMMENTS:

CITY MANAGER ROCHELLE CLAYTON
- Introduced the new Assistant City Manager, Mr. Kenneth Chapa. - Mentioned on May 20, the city manager reported that the Measure Q and Finance Committee Meeting will be scheduled before the June 17 meeting.
- Spoke on some comments regarding the description for invoices and payments warrants register, noted this will be addressed.

ADJOURNMENT:

By the consensus of the City Council and without objection the Joint Special meeting was adjourned at 12:31 AM. Council continued with closed session convened immediately after the end of the Joint Special Meeting and adjourned at 1:53 A.M.

Respectfully Submitted: Approved:
_______________________________ _______________________________ Andrea Flores, City Clerk Timothy R. Silva, Mayor
Notice: Signed Minutes are filed with the City Clerk’s office

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08/5/25 07:00 PM
City Clerk / Records
Maribel Hernandez
Ordinance
Doc ID: 6071

AGENDA ITEM
AGENDA MATTER:

SECOND READING AND ADOPTION OF ORDINANCE NO. 1032-2025 ADDING CHAPTER 9.74 TO, AND AMENDING SECTIONS 19.14.030, 19.16.020, AND 19.16.030 OF, THE BARSTOW MUNICIPAL

CODE REGARDING SMOKE SHOPS AND TOBACCO STORES
EXECUTIVE SUMMARY:

The proposed ordinance limits smoke shop and tobacco store property uses within the City of Barstow to the Commercial (c) and Diverse Use (DU) land use districts, subjects such uses to the issuance of a conditional use permit, limits the number of conditional use permits that may be issued for smoke shop and tobacco store uses, and allows the continued operation of lawfully existing smoke shop and tobacco stores.

At its May 12, 2025 meeting, the Barstow Planning Commission considered the ordinance and passed a resolution finding that the ordinance’s changes to the Barstow Zoning Code would be in the best interest of the City and recommended that the City Council adopt the ordinance. At the July 15, 2025 City Council meeting, the City Council introduced this ordinance as corrected for a first reading, received public comment on the matter, and considered the administrative report. The ordinance is now before the Council for its second reading and adoption.

DISCUSSION:

Background
According to the Center for Disease Control and Prevention (“CDC”), cigarette smoking is estimated to cause more than 480,000 deaths annually.

In 2021, the City adopted Ordinance No. 969-2021 - City of Barstow Smoking Pollution Control Ordinance - to prohibit smoking and consumption of any and all kinds of cigarettes, cigars, pipes, all forms of vapes (including water based), water pipes, electronic cigarettes, and any other form of smoking in the places specified therein based upon its grave concerns about use of tobacco products.

At the November 2022 election, California voters approved Proposition 31, which banned most sales of flavored tobacco products and tobacco product flavor enhancers effective January 1, 2023. Proposition 31 does not preempt or otherwise prohibit the adoption of a local ordinance that imposes greater restrictions on the access to tobacco products than the restrictions imposed by Proposition 31.

There are currently 13 smoke shops and tobacco stores lawfully operating within the City of Barstow, but the City has no law expressly limiting the proliferation of smoke shops and tobacco stores with the City, which said proliferation would lead to the increased potential for tobacco sales to minors, greater opportunity for the sale of illegal drug paraphernalia that is marketed as tobacco paraphernalia, and heightened risk of negative aesthetic impacts, blight, and loss of property values of residential neighborhoods and businesses in close proximity to such uses 3 Packet Pg. 27
Joint Special Council/BFPD
08/5/25 07:00 PM
City Clerk / Records
Maribel Hernandez
Ordinance
Doc ID: 6071

AGENDA ITEM
Overview of Ordinance
The purpose of the Smoke Shop and Tobacco Store Ordinance is to limit the proliferation of smoke shops and tobacco stores within the City of Barstow and the associated negative impacts, including, without limitation, the greater opportunity for underage tobacco sales, the greater opportunity for the sale of illegal drug paraphernalia marketed as tobacco paraphernalia, and the heighted risk of negative aesthetic impacts.

The “smoke shops” and “tobacco stores” regulated by the Smoke Shop and Tobacco Store Ordinance are those businesses that primarily sell, distribute, deliver, display, offer, furnish, or market tobacco, tobacco products, or tobacco paraphernalia. The proposed ordinance would not regulate grocery stores, supermarkets, convenience stores, or other businesses that engage in the “ancillary sale” of tobacco, tobacco products, and tobacco paraphernalia.

Chapter 9.74 that would be created under the proposed ordinance provides that new smoke shops and tobacco stores are permitted land uses only in the Commercial Diverse Use land use districts and are subject to the issuance of conditional use permits. Chapter 9.74 also outlines applicable zoning and land use standards, including, without limitation, (a) smoke shops and tobacco stores must be at least 1,000 feet apart from one another, (b) smoke shops and tobacco stores must be at least 1,000 feet away from uses where children regularly gather, (c) and conditional use permits for smoke shops and tobacco stores may not be issued if there are ten or more smoke shops and tobacco stores lawfully operating within the City.

Chapter 9.74 also specifies standard conditions of approval for smoke shop and tobacco store conditional use permits, which include, without limitation, (a) no on-site tobacco consumption, (b) no sales to persons under age 21, (c) no self-service tobacco displays, and (d) no distribution of free or low cost tobacco products.

Chapter 9.74 preserves the right for existing “legacy” smoke shops and tobacco stores to continue operating as legal nonconforming uses without having to acquire a conditional use permit and regardless of their zoning designation. Legacy smoke shops and tobacco store owners may sell or transfer ownership of their businesses, which can continue to operate as a legacy smoke shop or tobacco store so long a new business license is obtained and the use resumes within six months of the ownership transfer.

The amendments to Sections 19.14.030, 19.16.020, and 19.16.030 of the Barstow Municipal Code update the City’s land use and zoning regulations to subject smoke shop and tobacco store uses to the issuance of conditional use permits and limit such uses to the Commercial and Diverse Use land use districts by:

1. Eliminating tobacco stores as permitted uses in the Commercial land use district by amending Barstow Municipal Code (“BMC”) section 19.16.020(2)(ss) to remove “tobacco stores” as a permitted use in the Commercial land use district.

2. Subjecting smoke shops and tobacco store uses in the Commercial (C) land use district to conditional use permits by amending BMC 19.16.030(25) to add smoke shops and tobacco stores to the list of uses permitted in the Commercial land use district subject to issuance of a conditional use permit.
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Joint Special Council/BFPD
08/5/25 07:00 PM
City Clerk / Records
Maribel Hernandez
Ordinance
Doc ID: 6071

AGENDA ITEM

3. Eliminating smoke shop and tobacco store uses as permitted uses in the Diverse Use (DU) land use district and subjecting them to conditional use permits by amending BMC sections

19.16.020 and 19.16.030. Under BMC 19.12.020(3), any permitted use in the Commercial district is permitted in the Diverse Use district and any use in the Commercial district requiring a conditional use permit is allowed in the Diverse Use district subject to a conditional use permit. By amending BMC

19.16.020 and 19.16.030 (as discussed above), the propose ordinance eliminates tobacco store uses as permitted uses in the Diverse Use districts and only allows smoke shop and tobacco store uses in the Diverse Use districts subject to the City’s issuance of a conditional use permit.

4. Eliminating tobacco stores as a permitted use in the Human Services (HS) land use district by amending BMC section 19.14.030(1) to specifically exclude smoke shops and tobacco stores from the types of Commercial uses subject to conditional use permits that are permitted with the Human Services land use district.

California Environmental Quality Act
The draft ordinance is not subject to the California Environmental Quality Act (CEQA) under the general rule in CEQA guidelines Section 15061(b)(3) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that this ordinance will have a significant effect on the environment, therefore no further environmental review is necessary.

Attachment 1 - Ordinance No. 1032-2025 Adding Chapter 9.74 to Title 9 of the Barstow Municipal Code and Amending Sections 19.14.030, 19.16.020, and 19.16.030 of the Barstow Municipal Code Regarding Smoke Shops and Tobacco Stores.

FISCAL IMPACT:

The implementation of the proposed Smoke Shop and Tobacco Store ordinance will involve some costs to the City associated with subjecting smoke shop and tobacco store uses to the issuance of conditional use permits, but these costs can be largely, if not wholly, offset by conditional use permit fees.

RECOMMENDED ACTION:

That the City Council adopt Ordinance No. 1032-2025 adding Chapter 9.74 to, and amending sections

19.14.030, 19.16.020, and 19.16.030 of, the Barstow Municipal Code regarding smoke shops and tobacco stores.
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ATTACHMENT 1
Public Comment from
California Fuels & Convenience Alliance

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Attachment: Smoke Shops and Tobacco Stores (7.15.2025) Attachment 1 (6071 : Second Reading of Ordinance Re Smoke Shops and Tobacco May 29, 2025
Barstow City Council
220 East Mountain View Street
Barstow, CA 92311
Subject: Recommendations on the Proposed Smoke Shops and Tobacco Stores Ordinance Dear Members of the Barstow City Council:

On behalf of the California Fuels and Convenience Alliance (CFCA), we write to formally express concern regarding the Smoke Shops and Tobacco Stores Ordinance currently under consideration. While CFCA supports efforts to protect public health, we are concerned that several provisions, as currently written, could inadvertently harm convenience stores and gas stations local businesses that play an essential role in the Barstow economy.

The ordinance currently attempts to exempt grocery stores, supermarkets, and convenience stores from clause.

However, this provision is both overly restrictive and inequitable. For example, a typical 2,500-squarefoot convenience store would be limited to just 50 square feet of tobacco display, which is often insufficient for standard inventory, while smaller stores under 300 square feet are limited to only 5 square feet. Furthermore, the exemption excludes all e-cigarette and vapor products regardless of quantity, use permits.

This framework does not reflect the operational realities of convenience retailers and disproportionately impacts smaller-format stores.
s intent and ensure fair enforcement, we recommend exempting businesses identified by the following North American Industry Classification System (NAICS) Codes:

NAICS Code 445120 Convenience Stores
NAICS Code 447110 Gasoline Stations with Convenience Stores These classifications represent businesses that offer a broad mix of retail products and services, with tobacco comprising only a minor share of revenue. Adopting this exemption framework would eliminate the need to regulate square footage or sales percentages, reduce ambiguity, and allow for straightforward Additionally, we have concerns regarding the vapor product restrictions. As currently drafted, it appears that any product not yet approved through a marketing granted order by the U.S. Food and Drug Administration (FDA) would be banned from sale, even if the product is currently under lawful FDA review. To avoid penalizing compliant businesses, we urge the City to align with federal law by allowing the sale of vapor products that either:

1. Have received a marketing order granted by the FDA, or

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Attachment: Smoke Shops and Tobacco Stores (7.15.2025) Attachment 1 (6071 : Second Reading of Ordinance Re Smoke Shops and Tobacco

2. Are the subject of a timely filed premarket tobacco product application (PMTA) submitted by the September 9, 2020 deadline and still under FDA review, or subject to a court or FDA stay, rescission, or vacatur of a denial.

Retailers who sell only lawfully permitted products under this framework should not be subject to enforcement actions. This ensures that City regulations target truly unauthorized products without creating undue burdens for local businesses operating in good faith.

In light of these concerns, we respectfully urge the City Council to consider the following amendments:

1. with a clear exemption for businesses operating under NAICS Codes 445120 (convenience stores) and 447110 (gasoline stations with convenience stores).

2. Revise the vapor product provisions to align with federal FDA guidelines, prohibiting only those products that have neither been authorized nor are under active review.

3. Remove or reconsider the rebuttable presumption clause regarding intent to sell vapor products, as it could unfairly penalize retailers with legitimate inventory. approach that preserves public health while protecting the viability of essential businesses. CFCA is committed to collaborating with the City of Barstow on workable, effective policy solutions that serve the interests of both the community and the business operators who help sustain it.

Sincerely,
Alessandra Magnasco
Sr. Director, Government Affairs
California Fuels & Convenience Alliance

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Attachment: Smoke Shops and Tobacco Stores (7.15.2025) Attachment 1 (6071 : Second Reading of Ordinance Re Smoke Shops and Tobacco ATTACHMENT 2
Draft Ordinance No. 1032-2025:

Adding Chapter 9.74 to Title 9 of the
Barstow Municipal Code and
Amending Sections 19.14.030, 19.16.020, and 19.16.030
of the Barstow Municipal Code
Regarding Smoke Shops and Tobacco Stores

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Attachment: Smoke Shops ORD (second reading) (8.5.2025) (6071 : Second Reading of Ordinance Re Smoke Shops and Tobacco Stores) ORDINANCE NO. 1032-2025

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BARSTOW ADDING CHAPTER 9.74 TO TITLE 9 OF THE BARSTOW MUNICIPAL CODE AND AMENDING SECTIONS 19.14.030, 19.16.020, AND 19.16.030 OF THE

BARSTOW MUNICIPAL CODE REGARDING SMOKE SHOPS AND

TOBACCO STORES
WHEREAS, the State Planning and Zoning Law (Government Code Sections 65000, et seq.) broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public health, safety, and welfare, and a balancing of property rights and the desires of the community and how its citizens envision their city; and
WHEREAS, the City adopted Ordinance No. 969-2021 – City of Barstow Smoking Pollution Control Ordinance – to prohibit smoking and consumption of any and all kinds of cigarettes, cigars, pipes, all forms of vapes (including water based), water pipes, electronic cigarettes, and any other form of smoking in the places specified therein based upon its grave concerns about use of tobacco products; and WHEREAS, California voters approved Proposition 31 at the November 2022 election, which banned most sales of flavored tobacco products and tobacco product flavor enhancers. The ban went into effect on January 1, 2023; and WHEREAS, Proposition 31 does not preempt or otherwise prohibit the adoption of a local ordinance that imposes greater restrictions on the access to tobacco products than the restrictions imposed by Proposition 31; and
WHEREAS, approximately 480,000 people die in the United States fromtobacco-related diseases every year, making it the nation’s leading cause of preventable death; and WHEREAS, there are currently 11 smoke shops and tobacco stores lawfully operating within the City of Barstow, but the City has no law expressly limiting the proliferation of smoke shops and tobacco stores with the City, which said proliferation would lead to the increased potential for tobacco sales to minors, greater opportunity for the sale of illegal drug paraphernalia that is marketed as tobacco paraphernalia, and heightened risk of negative aesthetic impacts, blight, and loss of property values of residential neighborhoods and businesses in close proximity to such uses; and WHEREAS, pursuant to the City of Barstow’s police power, as granted under Article XI, section 7 of the California Constitution, the City Council of the City has the authority to enact and enforce ordinances and regulations for public health, safety, and welfare; and

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Attachment: Smoke Shops ORD (second reading) (8.5.2025) (6071 : Second Reading of Ordinance Re Smoke Shops and Tobacco Stores) WHEREAS, pursuant to its police powers, the City has the authority to regulate the sale of tobacco products in the City; and
WHEREAS, in order to protect public health, safety, and welfare, the City Council desires to adopt an ordinance that will regulate smoke shops and tobacco stores; NOW THEREFORE, the City Council of the City of Barstow does ordain as follows:

SECTION 1. Municipal Code Amendment. A new Chapter 9.74 titled “Smoke Shops and Tobacco Stores” is added to Title 9 of the Barstow Municipal Code to read as follows:

CHAPTER 9.74. - SMOKE SHOPS AND TOBACCO STORES
Sec. 9.74.010. - Purpose and intent.

The regulation of smoke shops and tobacco stores is necessary and in the interests of the public health, safety, and general welfare because there is the substantial likelihood of the proliferation of the establishment and operation of smoke shops and tobacco stores in the City of Barstow. The expansion of smoke shops and tobacco stores in the City would result in undesirable impacts to the community. Among these impacts are increased potential for underage tobacco sales, greater opportunity for the sale of illegal drug paraphernalia that is marketed as tobacco paraphernalia, and heightened risk of negative aesthetic impacts, blight, and loss of property values of residential neighborhoods and businesses in close proximity to such uses. This chapter is intended to be consistent with good zoning and planning practices to address such negative impacts of smoke shops and tobacco stores while providing a reasonable number of locations and zones for such shops/stores to locate within the City of Barstow.

Sec. 9.74.020. - Definitions.

The following words, terms, and phrases, whenever used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Ancillary sale” means where a grocery store, supermarket, convenience store, or similar market uses no more than 2 percent of its gross floor area, or 500 square feet, whichever is less, for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes, or tobacco. For any grocery store, convenience market, retail kiosk, or similar use consisting of 300 square feet or less, “ancillary sale” shall mean where no more than 50 square feet are used for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes, or tobacco products.
“E-cigarette” means any electronically actuated device or inhaler meant to simulate cigarette smoking that uses a heating element to vaporize a liquid solution, popularly referred to as “juice,” and that causes the user to exhale any smoke, vapor, or substance

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Attachment: Smoke Shops ORD (second reading) (8.5.2025) (6071 : Second Reading of Ordinance Re Smoke Shops and Tobacco Stores) other than that produced by unenhanced human exhalation. The juice used in e-cigarettes typically contains nicotine, and for this reason e-cigarettes and their juice can be classified as both tobacco products and tobacco paraphernalia.
"Legacy smoke shop and tobacco store” means a smoke shop and tobacco store lawfully existing and operating within the City of Barstow as of the effective date of the ordinance adding this chapter to the Barstow Municipal Code. “Legacy smoke shop and tobacco store” includes a smoke shop and tobacco store lawfully existing and operating within the City of Barstow as of the effective date of the ordinance adding this chapter to the Barstow Municipal Code that lawfully changes ownership after the effective date of the ordinance adding this chapter to the Barstow Municipal Code so long as the new owner obtains a business license for the smoke shop and tobacco store within 180 days of acquiring the business.
“Smoke shop and tobacco store” means any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes, or tobacco as an ancillary sale shall not be defined as a “smoke shop and tobacco store” and shall not be subject to the restrictions in this chapter. “Tobacco” shall mean any preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body.
“Tobacco paraphernalia” shall mean any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in California Health and Safety Code Section 11007. Items or devices classified as tobacco paraphernalia include but are not limited to the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material so it can be ingested. Lighters and matches shall be excluded from the definition of tobacco paraphernalia. “Tobacco product” shall mean any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means.

For the purposes of this chapter, the term “tobacco product” excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.

Sec. 9.74.030. – Zoning and land use standards for smoke shops and tobacco stores.

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Attachment: Smoke Shops ORD (second reading) (8.5.2025) (6071 : Second Reading of Ordinance Re Smoke Shops and Tobacco Stores) (a) Notwithstanding any other provision of this Code to the contrary except as provided in this chapter, smoke shops and tobacco stores shall only be permitted in the following land use districts, subject to the provisions in this chapter, Title 19, and the issuance of a conditional use permit (CUP) in accordance with Barstow Municipal Code Chapter 19.30 – Conditional Uses:
(1) C (Commercial District)
(2) DU (Diverse Use District)
(b) Additional zoning and land use standards for smoke shops and tobacco stores shall be as follows:
(1) Smoke shops and tobacco stores shall not be located within 1,000 feet, measured from front door to front door, from a school (public or private), family day care home, childcare facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather.
(2) Smoke shops and tobacco stores shall not be located within 1,000 feet, measured from front door to front door, from another smoke shop and tobacco store.
(3) It is unlawful for a smoke shop and tobacco store to knowingly allow or permit a minor, not accompanied by his or her parent or legal guardian, to enter or remain within any smoke shop and tobacco store.
(4) Smoke shops and tobacco stores shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian.

At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke shop and tobacco store. It shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.
(5) The City shall not approve any conditional use permit if there are ten or more smoke shops and tobacco stores lawfully operating within the City of Barstow, inclusive of legacy smoke shops and tobacco stores.
(c) Standard conditions of approval for any conditional use permit shall, at minimum, include the following:
(1) No consumption of tobacco shall be permitted on the premises at any time. (2) No sales may be solicited or conducted on the premises by persons under age

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Attachment: Smoke Shops ORD (second reading) (8.5.2025) (6071 : Second Reading of Ordinance Re Smoke Shops and Tobacco Stores) (3) No use of self-service tobacco, tobacco product, or tobacco paraphernalia displays shall be permitted.
(4) The conditional use permit shall become null and void if the smoke shop and tobacco store use is discontinued for a continuous period of at least six months or if there is a lapse in the smoke shop and tobacco store’s business license for a continuous period of at least six months.
(5) No distribution of free or low-cost tobacco, tobacco products, or tobacco paraphernalia, or coupons for said items, shall be permitted.

Sec. 9.74.040. – Legacy smoke shops and tobacco stores. (a) Legacy smoke shops and tobacco stores may continue to operate as follows, subject to the limitations set forth in subsection (b) of this section:
(1) As legal nonconforming uses in accordance with Barstow Municipal Code Chapter 19.38, except as otherwise provided in this chapter; (2) Without a conditional use permit; and
(3) Without complying with Barstow Municipal Code sections 9.74.030(a),

9.74.030(b)(1), or 9.74.030(b)(2).
(b) Legacy smoke shop and tobacco store uses are subject to all of the following limitations:
(1) The use may not be expanded or extended in any way. (2) The use may not changed, except to a use that conforms to the current land use regulations of the zone and other applicable current land use regulations. (3) If the use is discontinued for a continuous period of at least six months, or there is a lapse in the smoke shop and tobacco store’s business license for a continuous period of at least six months, the use shall not be reestablished. (4) Except as provided in this section, legacy smoke shops and tobacco stores must comply with all other provisions of this chapter.

SECTION 2. Municipal Code Amendment. Section 19.14.020 of the Barstow Municipal Code, titled “Uses requiring a permit” is hereby amended to read as follows, with additions denoted in underline and deletions noted in strikethrough:

Sec. 19.14.030. - Uses requiring a permit.

In this district, the following uses are permitted subject to the issuance of a conditional use permit (chapter 19.30):

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Attachment: Smoke Shops ORD (second reading) (8.5.2025) (6071 : Second Reading of Ordinance Re Smoke Shops and Tobacco Stores) (1) Any use permitted in the C district pursuant to section 19.16.030.with the exception of smoke shops and tobacco stores as defined in Barstow Municipal Code section 9.74.020.
(2) Any other commercial or office use not listed within section 19.16.020 and

19.16.030 which the planning commission finds to be consistent with the purpose of the article and which will not impair the present or potential use of adjacent properties.
(3) Public and quasi-public buildings and uses of a recreational, educational, religious, or public service type.
(4) Single-room occupancy facilities pursuant to the development standards in section 19.14.110.
(5) Towing and auto repair, not including storage yard. (6) Truck repair and service centers.
(7) Shelters and provision of services for homeless, at-risk and special needs populations.

SECTION 3. Municipal Code Amendment. Section 19.16.020 of the Barstow Municipal Code, titled “Permitted uses” is hereby amended to read as follows, with additions denoted in underline and deletions noted in strikethrough:

Sec. 19.16.020. - Permitted uses.

Commercial district is intended for professional, administrative, and commercial uses. Except as specifically provided elsewhere in this title, any building or structure in the commercial district used or occupied and every building erected, constructed or established within the commercial district shall be only in accordance with the regulations set forth in this chapter.
(1) Office and professional uses, including:
a. Architects, engineers, draftsmen.
b. Art galleries; exhibit halls for commercial and industrial exhibits; provided, that there shall be no sale of stock or material; and provided, that there be no warehousing or storage either within or on the premises.
c. Attorneys at law, paralegal personnel.
d. Biological and medical laboratories, provided the floor space doesnot exceed 2,000 square feet in gross floor area.
e. Chiropractors, chiropodists, optometrists, dentists. f. Data retrieval firms.
g. Insurance agencies.
h. Medical offices, physicians, osteopaths.
i. Opticians, optical laboratories related and incidental to a professional building and occupying no more than 1,000 square feet of floor space; provided, that no stock shall be visible from the street. j. Phone answering services.
k. Photography studio and digital photography printing.

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Attachment: Smoke Shops ORD (second reading) (8.5.2025) (6071 : Second Reading of Ordinance Re Smoke Shops and Tobacco Stores) l. Prescription pharmacies; no stock shall be visible from the street. m. Private security and investigative firms.
n. Public accountants, bookkeepers.
o. Realtors, brokers.
p. Tattoo/body art studios within an enclosed building and subject to the requirements of section 119300 et seq. of the San Bernardino County Health and Safety Code.
q. Travel agencies.
(2) Commercial uses, including:
a. Animal hospitals and animal hotels that are at least 500 feet from residential uses or zoning districts.
b. Apparels and accessories, including, but not limited to, clothing stores, custom dressmaking and tailors, furriers, millinery shops and dry goods, bakery goods shop.
c. Bar or tavern, excluding dancing.
d. Barber or beauty shop.
e. Bicycle stores.
f. Blueprinting, photo-stating and photocopying.
g. Bookstores and stationers.
h. Building materials and hardware stores, including, but not limited to, glass or mirror shops, paint store, and plumbing supply stores. i. Cafe, restaurant, with or without on-sale liquor. Outdoor seating is permitted for up to ten percent of total indoor seating. Any additional outdoor seating above ten percent shall require additional parking. j. Camera and photographic supply stores.
k. Cleaning and pressing establishment; laundry, coin-operated or selfservice. l. Clothes cleaning pickup agencies (cleaning and pressing plant located elsewhere).
m. Child day care centers as defined in 19.06.120.
n. Delicatessen.
o. Department stores.
p. Drugstore.
q. Feed store.
r. Financial institutions.
s. Florist shop.
t. Frozen food lockers.
u. Furniture, floor coverings, drapery, furniture upholstery stores, miscellaneous home furnishing stores, household appliance stores and equipment stores including, but not limited to, new furniture (not over 25 percent floor space used for stocking and displaying used furniture), floor coverings, and radio, television and music stores. v. Gift, novelty and souvenir shops.
w. Grocery store.

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Attachment: Smoke Shops ORD (second reading) (8.5.2025) (6071 : Second Reading of Ordinance Re Smoke Shops and Tobacco Stores) x. Jewelry stores.
y. Laundry agency (self-service only)
z. Liquor store (off-sale only)
aa. Mail order house, retail.
bb. Massage therapy conforming to the provisions set forth in section

19.06.020.
cc. Motel and hotels.
dd. Museums and galleries.
ee. Nonprofit club or lodge; fraternal or religious association. ff. Pet shops and taxidermy.
gg. Photographer.
hh. Post office.
ii. Printing, lithographing, publishing, reproduction, newspaper distributorship, including binding.
jj. Public utility offices, fire, police.
kk. Radio, television, and music stores.
ll. Retail sales of parts or goods, no installation.
mm. Secondhand, used merchandise and antique stores; no outside storage or display shall be permitted.
nn. Sporting goods stores and bicycle shops.
oo. Studio, music and/or dance. Studio-music, dance stores. pp. Supermarket and specialty markets.
qq. Theaters, excluding drive-ins.
rr. Ticket or travel agencies.
ss. Tobacco stores and Newsstands.
tt. Trunk and leather goods stores.
uu. Telephone exchanges.
vv. Trade schools.
ww. Video/pinball arcade not including adult arcades identified in chapter

19.26 (pertaining to sexually oriented businesses) and chapter 9.24 (Gambling) of this Code.
xx. Veterinarians (See animal hospitals).
yy. Wedding chapels.

SECTION 4. Municipal Code Amendment. Section 19.16.030 of the Barstow Municipal Code, titled “Uses requiring a permit” is hereby amended to read as follows, with additions denoted in underline and deletions noted in strikethrough:

Sec. 19.16.030. - Uses requiring a permit.

In the commercial district, the following uses may be permitted, subject to chapter

19.30:
(1) Adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, and massage parlors.
(2) Animal hospitals and animal hotels that are less than 500 feet from residential uses or zoning districts.

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Attachment: Smoke Shops ORD (second reading) (8.5.2025) (6071 : Second Reading of Ordinance Re Smoke Shops and Tobacco Stores) (3) Reserved.
(4) Automobile service/fueling stations conforming to provisions set forth in section 19.06.070.
(5) Bar or tavern, dancing permitted.
(6) Biological and medical laboratories in excess of 2,000 square feet in gross floor area.
(7) Cannabis uses including—retail storefront (Type 10), indoor cultivation (Types 1-5, including processing, but excluding any outdoor cultivation), delivery (Type 9), distribution (Types 11 and 13), manufacturing (Types 6,7, N, P), testing (Type 12), and temporary cannabis events. All these uses shall be subject to section 19.27.080, Cannabis business location restrictions, and require approval of the following entitlements:
development agreement, conditional use permit, cannabis business permit, and all applicable state cannabis licenses.
(8) Commercial greenhouses.
(9) Commercial laundry, rug cleaning, dyeing, etc.
(10) Commercial recreation and amusements, such as pitch and putt golf, golf courses, athletic fields, gymnasiums, commercial swimming pools, stadiums, skating rinks (ice and roller), arenas, auditoriums, public dance halls or ballrooms, amusement parks, pool halls, billiards. (11) Drive-in restaurant.
(12) Equipment rental yards, outside storage of rental equipment permitted. (13) Furniture storage.
(14) Heating and plumbing equipment dealers, paint, glass, wallpaper, and electrical supply store (outside storage enclosed by solid fence or wall, six feet in height)
(15) Ice storage, retail, not more than five-ton capacity. (16) Lumberyards and builders' supply yard, outside storage of lumber and building materials permitted.
(17) Mechanical auto wash.
(18) Mini-warehouses.
(19) Mortuaries and funeral parlors.
(20) Public garage, auto repair shop, body shop, auto painting, providing all operations are conducted wholly within an enclosed building. If more than five vehicles are on the premises at any one time, they shall be enclosed by a six-foot fence or wall 80 percent opaque.
(21) Residential dwelling, to be limited to lot or parcel on which permitted uses are located and used exclusively by the operator of the business when approved by site review. If a separate building is used for dwelling purposes, the setback requirement of the MDR district shall apply. (22) Tattoo studio conforming to the provisions set forth in Health and Safety Code § 119300 et seq.
(23) Utility substations.
(24) Vehicle sales, including trailers (automobile, motorcycle, farm machinery, equipment dealers, truck or semitrailer, house trailer, boat, camper or marine sales and supplies and trailer sales lot), outside display of new and

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Attachment: Smoke Shops ORD (second reading) (8.5.2025) (6071 : Second Reading of Ordinance Re Smoke Shops and Tobacco Stores) used vehicles and trailers permitted.
(25) Other uses similar to the above if it can be demonstrated that the uses are of the same general character as the above permitted uses as determined by the planning commission. Smoke shops and tobacco stores as defined in Barstow Municipal Code § 9.74.020.
(26) Other uses similar to the above if it can be demonstrated that the uses are of the same general character as the above permitted uses as determined by the planning commission.

SECTION 5. Severability. If any provision, section, subsection, paragraph, sentence, clause, or word of this Ordinance, or the application thereof to any person or circumstance, is rendered or declared invalid or unenforceable by any court of competent jurisdiction, the remaining provisions, sections, subsections paragraphs, sentences, clauses, or words of this Ordinance, and their application to other persons or circumstances, shallnot be affected thereby and shall remain in full force and effect and, to that end, the provisions of this Ordinance are severable.

SECTION 6. Effective Date. This ordinance shall take effect thirty days after adoption as provided by Government Code 36937. The City Clerk shall cause this Ordinance to be published in accordance with California Government Code Section 36933.

SECTION 7. Inconsistencies. Any provision of the City’s Municipal Code or appendices thereto that are inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby modified to the extent necessary to effect the provisions of this Ordinance.

SECTION 8. CEQA. The City Council finds the adoption of this ordinance is exempt from review under the California Environmental Quality Act because it relates to an administrative matter. (CEQA Guidelines, 14 Cal. Code of Regulations, Section 15061(b)(3) and 15378(b)(5). 15061(b)(2), 15307-15308).

SECTION 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the City Council.

PASSED, APPROVED AND ADOPTED this 8
th day of August, 2025.

Timothy R. Silva, Mayor
ATTEST:

Andrea Flores, City Clerk

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Attachment: Smoke Shops ORD (second reading) (8.5.2025) (6071 : Second Reading of Ordinance Re Smoke Shops and Tobacco Stores) APPROVED AS TO FORM:

Matthew Summers, City Attorney
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. 1032-2025, which was introduced at a regular meeting of the City Council of the City of Barstow held on the 15th day of July, 2025, and adopted at the regular meeting of the City Council of the City of Barstow on the 8 th
day
of August 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Andrea Flores, City Clerk

3.b
Packet Pg. 44
Attachment: Smoke Shops ORD (second reading) (8.5.2025) (6071 : Second Reading of Ordinance Re Smoke Shops and Tobacco Stores) Joint Special Council/BFPD
08/5/25 07:00 PM
Finance
Brenna Chavez
Amendment
Doc ID: 6078

AGENDA ITEM
AGENDA MATTER:

CORRECTION TO RESOLUTIONS FOR SBC ASSESSMENT 2025/2026 TAX ROLL EXECUTIVE SUMMARY:

The San Bernardino County Property Tax Assessment Department requires additional verbiage to be added to the approved Resolutions to place an Assessment on the approved liens on the 2025/2026 Tax Roll. The additional verbiage includes, but is not limited to, the addition of the Barstow Municipal Code that includes the lien and assessment process, and the City Council hereby certifies that the levy of special tax assessments are authorized in accordance with the (...) provisions and directs the San Bernardino County Auditor-Controller/Treasurer/Tax Collector to place the charges on the 2025-2026 Tax Roll.

Resolutions requiring additional verbiage:

1. July 15, 2025 Council Meeting - Unpaid Trash Collection/Sewer Fees

2. May 20, 2025 Council Meeting - Delinquent Property Abatement Costs and Penalties

3. August 19, 2024 Council Meeting - Delinquent Property Abatement Costs and Penalties DISCUSSION:

FISCAL IMPACT:

No fiscal impact on the FY2025/2026 budget.

RECOMMENDED ACTION:

Staff recommends the approval of the additional verbiage to the Resolutions adopted with the City Council Meetings listed below:

1. July 15, 2025 Council Meeting - Unpaid Trash Collection/Sewer Fees

2. May 20, 2025 Council Meeting - Delinquent Property Abatement Costs and Penalties

3. August 19, 2024 Council Meeting - Delinquent Property Abatement Costs and Penalties 4 Packet Pg. 45
Resolution No. _____-2025
RESOLUTION NO. _______-2025

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW MAKING

DETERMINATIONS AND CONFIRMING ASSESSMENTS AND PROCEEDINGS

FOR UNPAID TRASH COLLECTION AND/OR SEWER FEES
WHEREAS, the City Manager of the City of Barstow has filed in the office of the City Clerk of said City, an assessment for certain unpaid trash collection and/or sewer fees in said City, in accordance with Section 6.20.210 and 13.22.060 of the Barstow Municipal Code.

WHEREAS, the City Manager has, as required, given notice of time fixed for hearing by the City Council; and
WHEREAS, all property owners involved in this assessment have been duly notified of the time and place of said hearing fifteen (15) days prior to said hearing; and
WHEREAS, a hearing was held before the City Council of the City of Barstow at 6:00 p.m. on July 15, 2025, in the City Council Chambers, 220 East Mountain View Street, Barstow, California, the time and place fixed in such notice; and WHEREAS, during the aforementioned hearing, all appeals, protests or objections, if any, were duly presented and the City Council gave all persons noticed and present desiring to be heard, an opportunity to be heard in respect to any matter relating to said assessments, to the corrections of said assessments, or to any matter relating to said assessments or the proceedings therefore; and WHEREAS, all such persons desiring to be heard were heard by the City Council and the City Council is fully informed of the premises.

WHEREAS, upon conclusion on the lien hearing held on July, the City Council adopted Resolution No. 5231-2025, and upon submittal to the San Bernardino County’s Property Tax Assessment Department additional verbiage is required to assess the approved liens on the 2025/2026 Tax Roll; therefore, this Resolution serves as the correction.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY FIND, DETERMINE AND ORDER AS FOLLOWS:
1) That said hearing has been duly held; that each and every step in the proceedings prior to and including the hearing has been duly and regularly taken; that this City Council is satisfied with the correctness of the assessment; the proceedings and all matters relating thereto; and that all protests, objections, or appeals are hereby overruled and denied; and the City Council does hereby confirm said proceedings and said assessments.

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Attachment: Resolution No xxxx-2025 CC04-SP14 (6078 : Correction to Resolutions for SBC Assessment 2025/2026 Tax Roll) Resolution No. _____-2025
2) That the fees for the sewer and trash collection shall be assessed against the benefiting property and shall be assessed as a lien on the property benefited thereby, which lien shall be included on the tax roll for taxes levied against the property.
3) That the prorated first year interest @1.5% per month, a late fee of 10% of lien unpaid balance and the administrative costs of preparing the liens and assessments will be added to the delinquent amounts and assessed against the benefiting properties.
4) That additional interest shall be charged by the County of San Bernardino if the balance remains unpaid for more than one year.
5) That the parcels to be liened and the amount of said lien are set forth on Exhibit “A” attached hereto and made a part thereof.
6) That the City Council hereby certifies that the levy of the special tax assessments are authorized in accordance with the aforementioned provisions and directs the San Bernardino County AuditorController/Treasurer/Tax Collector to place the charges on the 2025-2026 tax roll.

PASSED AND ADOPTED THIS 5
TH DAY OF AUGUST, 2025.
______________________________
Timothy R. Silva, Mayor
ATTEST:
____________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and Ex-Officio Clerk of the Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, that the foregoing is a true and correct copy of Resolution No. ____-2025 of said City which was adopted at a regular meeting of said Council held the 5 th day of August 2025,
by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Andrea Flores
City Clerk, City of Barstow

4.a
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Attachment: Resolution No xxxx-2025 CC04-SP14 (6078 : Correction to Resolutions for SBC Assessment 2025/2026 Tax Roll) Resolution No. _____-2025
RESOLUTION NO. _______-2025

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW,

CALIFORNIA MAKING DETERMINATIONS AND CONFIRMING

ASSESSMENTS AND PROCEEDINGS FOR UNPAID NUISANCE ABATEMENT FEES FOR APN # 0183-581-13-0000.

WHEREAS, APN # 0183-581-13-0000, Barstow California was not maintained in accordance with Chapter 6.28 of the Barstow Municipal Code; WHEREAS, the owner of said property allowed property to deteriorate; and WHEREAS, on May 1, 2024, City officials commenced nuisance conditions, an abatement hearing was duly noticed and conducted, at which time the property was deemed a public nuisance; and
WHEREAS, pursuant to the decision of the hearing officer and after obtaining an Abatement Warrant from the Superior Court, contractors were engaged to perform specified work to secure the property and obscure unsightly conditions; and WHEREAS, the owner has been advised of the costs of abatement in the sum of $13,320.67 but has failed to tender payment within the fifteen (15) day period; and WHEREAS, the City seeks recovery of abatement costs, and conducted a protest hearing to confirm the abatement costs pursuant to Sections 6.282.180 through

6.28.220 of the Barstow Municipal Code in order for said costs to become a lien on the property and a personal obligation to the owner; and WHEREAS, the City Manager of the City of Barstow has filed in the office of the City Clerk of said City an assessment for unpaid abatement costs in said City, in accordance with Section 6.28.180 through 6.28.220 of the Barstow Municipal Code; and
WHEREAS, the City Manager has, as required, given notice of the time fixed for the hearing by the City Council; and
WHEREAS, the property owner and affected parties involved in this assessment have been duly notified of the date, time and place of said hearing fifteen (15) days prior to said hearing; and
WHEREAS, a hearing was held before the City Council of the City of Barstow at 7:00 p.m. on August 19, 2024 in the City Council Chambers, 220 E Mountain View Street, Barstow, California, the time and place fixed in the notice; and WHEREAS, upon conclusion on the lien hearing held on August 19, 2024, the City Council adopted Resolution No. 5176-2024, and upon submittal to the San Bernardino County’s Property Tax Assessment Department additional verbiage is

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Attachment: Resolution No xxxx-2025 CC04-SP02-1 (6078 : Correction to Resolutions for SBC Assessment 2025/2026 Tax Roll) Resolution No. _____-2025
required to assess the approved liens on the 2025/2026 Tax Roll; therefore, this Resolution serves as the correction.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY FIND, DETERMINE AND ORDER AS FOLLOWS:
1) That the City Council hereby certifies that the levy of the special tax assessments are authorized in accordance with the aforementioned provisions and the Barstow Municipal Code sections 6.28.180 through

6.28.220 and directs the San Bernardino County AuditorController/Treasurer/Tax Collector to place the charges on the 2025-2026 tax roll.

PASSED AND ADOPTED THIS 5
TH DAY OF AUGUST, 2025.
______________________________
Timothy R. Silva, Mayor
ATTEST:
____________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and Ex-Officio Clerk of the Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, that the foregoing is a true and correct copy of Resolution No. ____-2025 of said City which was adopted at a regular meeting of said Council held the 5 th day of August 2025,
by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Andrea Flores
City Clerk, City of Barstow

4.b
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Attachment: Resolution No xxxx-2025 CC04-SP02-1 (6078 : Correction to Resolutions for SBC Assessment 2025/2026 Tax Roll) Resolution No. _____-2025
RESOLUTION NO. _______-2025

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW,

CALIFORNIA MAKING DETERMINATIONS AND CONFIRMING

ASSESSMENTS AND PROCEEDINGS FOR UNPAID NUISANCE ABATEMENT FEES FOR APN # 0181-247-04-0000.

WHEREAS, APN # 0181-247-04-0000, Barstow California was not maintained in accordance with Chapter 6.28 of the Barstow Municipal Code; WHEREAS, the owner of said property allowed property to deteriorate; and WHEREAS, on February 1, 2025, City officials commenced nuisance conditions, an abatement hearing was duly noticed and conducted, at which time the property was deemed a public nuisance; and
WHEREAS, pursuant to the decision of the hearing officer and after obtaining an Abatement Warrant from the Superior Court, contractors were engaged to perform specified work to secure the property and obscure unsightly conditions; and WHEREAS, the owner has been advised of the costs of abatement in the sum of $27,749.50 but has failed to tender payment within the fifteen (15) day period; and WHEREAS, the City seeks recovery of abatement costs, and conducted a protest hearing to confirm the abatement costs pursuant to Sections 6.282.180 through

6.28.220 of the Barstow Municipal Code in order for said costs to become a lien on the property and a personal obligation to the owner; and WHEREAS, the City Manager of the City of Barstow has filed in the office of the City Clerk of said City an assessment for unpaid abatement costs in said City, in accordance with Section 6.28.180 through 6.28.220 of the Barstow Municipal Code; and
WHEREAS, the City Manager has, as required, given notice of the time fixed for the hearing by the City Council; and
WHEREAS, the property owner and affected parties involved in this assessment have been duly notified of the date, time and place of said hearing fifteen (15) days prior to said hearing; and
WHEREAS, a hearing was held before the City Council of the City of Barstow at 7:00 p.m. on May 20, 2025 in the City Council Chambers, 220 E Mountain View Street, Barstow, California, the time and place fixed in the notice; and WHEREAS, upon conclusion on the lien hearing held on August 19, 2024, the City Council approved the assessments and proceedings for unpaid nuisance abatement fees for APN # 0181-247-04-0000, and upon submittal to the San Bernardino County’s Property Tax Assessment Department additional verbiage is

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Attachment: Resolution No xxxx-2025 CC04-SP02-2 (6078 : Correction to Resolutions for SBC Assessment 2025/2026 Tax Roll) Resolution No. _____-2025
required to assess the approved liens on the 2025/2026 Tax Roll; therefore, this Resolution serves as the correction.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY FIND, DETERMINE AND ORDER AS FOLLOWS:
1) That the City Council hereby certifies that the levy of the special tax assessments are authorized in accordance with the aforementioned provisions and the Barstow Municipal Code sections 6.28.180 through

6.28.220 and directs the San Bernardino County AuditorController/Treasurer/Tax Collector to place the charges on the 2025-2026 tax roll.

PASSED AND ADOPTED THIS 5
TH DAY OF AUGUST, 2025.
______________________________
Timothy R. Silva, Mayor
ATTEST:
____________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and Ex-Officio Clerk of the Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, that the foregoing is a true and correct copy of Resolution No. ____-2025 of said City which was adopted at a regular meeting of said Council held the 5 th day of August 2025,
by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Andrea Flores
City Clerk, City of Barstow

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Attachment: Resolution No xxxx-2025 CC04-SP02-2 (6078 : Correction to Resolutions for SBC Assessment 2025/2026 Tax Roll)