Agenda packet — Barstow City Council, January 17, 2023 (part 1 of 11)

BARSTOW CITY COUNCIL/HARVEY HOUSE/BFPD

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JANUARY 17, 2023
5:30 PM
(HANDICAPPED ACCESSIBLE)
AGENDA

JOINT SPECIAL MEETING
Agenda-January 17, 2023

Page 1 of 10 ends

MAYOR
Paul Anthony Courtney

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

ELECTED CITY CLERK
Andrea Flores

ELECTED CITY TREASURER
Michael Lewis

PLANNING COMMISSIONERS
Andrew Ziemer
Beatrice Lint
Miguel Morales
Rodney Brand Jr.

Juanantonio Delucas

BARSTOW FIRE PROTECTION

DISTRICT
A Subsidiary District of the City of
Barstow
Paul Anthony Courtney
James M. Noble
Carmen M. Hernadez
Barbara Mae Rose
Marilyn Dyer Kruse
CLOSED SESSION 5:30 PM:

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

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

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

SPEAKER REQUEST CARD AND HAND 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-January 17, 2023

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

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

CLOSED SESSION AGENDA ITEMS:

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

Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Salas v. City of Barstow, San Bernardino County Superior Court Case No. CIV-SB2111435

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

Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Prothro v. City of Barstow, San Bernardino County Superior Court Case No. CIVSB-2116163

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

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

CIV-SB-2125628

4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Recommended Action:
(Gov. Code § 54956.9(d)(2) & (e)(3))
A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City.

Receipt of Claim pursuant to Tort Claims Act or other written communication threatening litigation (copy available for public inspection in Clerk’s office). (Gov. Code § 54956.9(e)(3)) Name of Person or Entity Threatening Litigation: Kyle Wooley REPORT OF CLOSED SESSION:

INVOCATION:

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

PLEDGE OF ALLEGIANCE:

ROLL CALL:
 Council Member Carmen Hernandez
 Council Member Barbara Rose
 Council Member Marilyn Kruse
 Mayor Pro Tem James Noble
 Mayor Paul Courtney
Agenda-January 17, 2023

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

ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HAND TO THE CITY CLERK PRIOR TO THE AGENDA ITEM BEING ADDRESSED.

IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

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

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

REVIEW AND APPROVAL OF AGENDA: THIS IS THE TIME FOR MEMBERS OF THE GOVERNING BOARD TO CALL FOR REARRANGING THE ORDER OF THE AGENDA; ADDING ITEMS TO OR REMOVING ITEMS FROM THE AGENDA; OR REMOVING ITEMS FROM THE CONSENT CALENDAR FOR DISCUSSION AND/OR SEPARATE ACTION.

PRESENTATIONS:

5. CERTIFICATE OF RECOGNITION FOR BARSTOW COMMUNITY FOOTBALL AND CHEER Recommended Action:

Presentation only.

6. PRESENTATION OF PROCLAMATION IN RECOGNITION OF NATIONAL FAMILY

CAREGIVERS MONTH
Recommended Action:

Present proclamation in recognition of National Family Caregivers Month.

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:

7. MINUTES JOINT SPECIAL MEETING - DECEMBER 19, 2022 AT 7:00 P.M.

Recommended Action:

Approve minutes as presented.

8. MINUTES JOINT SPECIAL MEETING - DECEMBER 21, 2022 AT 12:00 P.M.

Recommended Action:

Approve minutes as presented.

ACCOUNTS PAYABLE ALL AGENCIES:

9. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:

Approve and ratify expenses, as audited, for checks #89731-90178 totaling $4,665,481.19 and wires #846-850 totaling $189,023.38, per the Agency breakdown below:

City: $4,574,115.54
Fire: $280,389.03
Successor Agency: $0.00
Grand Total: $4,854,504.57
Agenda-January 17, 2023

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HARVEY HOUSE:

10. HARVEY HOUSE FOUNDATION ARTICLES OF INCORPORATION / BYLAWS Recommended Action:

Reference item only.

11. CHANGE OF OFFICERS FOR YEAR 2023
Recommended Action:

Approve the 2023 change of officers for the Harvey House Foundation and accept the 'Statement of Information' Form 100 and 'Statement of Facts' Form 405 for filing.

12. FY 2022 ANNUAL REPORT OF THE BARSTOW HARVEY HOUSE FOUNDATION Recommended Action:

Review and accept the Barstow Harvey House Foundation Financial Statements for the fiscal year ending June 30, 2022.

CITY COUNCIL:

13. ADOPTION OF ORDINANCE 995-2022 APPROVING DEVELOPMENT AGREEMENT WITH

DESERT BLOOM HOLDINGS, LLC
Recommended Action:

Staff recommends the City Council adopt Ordinance No. 995-2022 approving Desert Bloom Holdings, LLC's application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

14. ADOPTION OF ORDINANCE 996-2022 APPROVING DEVELOPMENT AGREEMENT WITH ZENGROW, INC.

Recommended Action:

Staff recommends the City Council adopt Ordinance No. 996-2022 approving Zengrow, Inc.'s application for Commercial Cultivation, Distribution/Transportation, Manufacturing, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

15. ADOPTION OF ORDINANCE 997-2022 APPROVING DEVELOPMENT AGREEMENT WITH MERCHANTS BARSTOW 3, LLC
Recommended Action:

Staff recommends the City Council adopt Ordinance No. 997-2022 approving Merchants Barstow 3, LLC’s application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

16. ADOPTION OF ORDINANCE 998-2022 APPROVING DEVELOPMENT AGREEMENT WITH MERCHANTS BARSTOW 4, LLC
Recommended Action:

Staff recommends the City Council adopt Ordinance No. 998-2022 approving Merchants Barstow 4, LLC’s application for Commercial Cannabis Cultivation permit, Cannabis Development Agenda-January 17, 2023

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Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

17. ADOPTION OF ORDINANCE 999-2022 APPROVING DEVELOPMENT AGREEMENT WITH GROW ORGANIC 5, INC.

Recommended Action:

Staff recommends the City Council adopt Ordinance No. 999-2022 approving Grow Organic 5, Inc.’s application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

18. ADOPTION OF ORDINANCE 1000-2022 APPROVING DEVELOPMENT AGREEMENT WITH GROW ORGANIC 6, INC.

Recommended Action:

Staff recommends the City Council introduce Ordinance No. 1000-2022 approving Grow Organic 5, Inc. application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

19. ADOPTION OF ORDINANCE 1001-2022 APPROVING DEVELOPMENT AGREEMENT WITH GROW ORGANIC 7, INC.

Recommended Action:

Staff recommends the City Council adopt Ordinance No. 1001-2022 approving Grow Organic 7, Inc.’s application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

20. ADOPTION OF ORDINANCE 1002-2022 APPROVING DEVELOPMENT AGREEMENT WITH GROW ORGANIC, INC.

Recommended Action:

Staff recommends the City Council adopt Ordinance No. 1002-2022 approving Grow Organic, Inc.’s application for Commercial Cannabis Distribution/Transportation, Cannabis Manufacturing, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements.

The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

21. ADOPTION OF ORDINANCE 1003-2022 APPROVING DEVELOPMENT AGREEMENT WITH GROW ORGANIC 9, INC.

Recommended Action:

Staff recommends the City Council adopt Ordinance No. 1003-2022 approving Grow Organic 9, Inc.’s application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission Agenda-January 17, 2023

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recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

22. ADOPTION OF ORDINANCE 1004-2022 APPROVING DEVELOPMENT AGREEMENT WITH GROW ORGANIC 10, INC.

Recommended Action:

Staff recommends the City Council adopt Ordinance No. 1004-2022 approving Grow Organic 10, Inc.’s application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

23. ADOPTION OF ORDINANCE 1005-2022 APPROVING DEVELOPMENT AGREEMENT WITH GROW ORGANIC 11, INC.

Recommended Action:

Staff recommends the City Council adopt Ordinance No. 1005-2022 approving Grow Organic 11, Inc.’s application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

24. ADOPTION OF ORDINANCE 1006-2022 APPROVING DEVELOPMENT AGREEMENT WITH GROW ORGANIC 12, INC.

Recommended Action:

Staff recommends the City Council adopt Ordinance No. 1006-2022 approving Grow Organic 12, Inc.’s application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

25. ADOPTION OF ORDINANCE 1007-2022 APPROVING DEVELOPMENT AGREEMENT WITH MERCHANTS BARSTOW 13, LLC
Recommended Action:

Staff recommends the City Council adopt Ordinance No. 1007-2022 approving Merchants Barstow 13, LLC application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

26. ADOPTION OF ORDINANCE 1008-2022 APPROVING DEVELOPMENT AGREEMENT WITH MERCHANTS BARSTOW 14, LLC
Recommended Action:

Staff recommends the City Council adopt Ordinance No. 1008-2022 approving Merchants Barstow 14, LLC application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under Agenda-January 17, 2023

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the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

27. ADOPTION OF ORDINANCE 1009-2022 APPROVING A DEVELOPMENT AGREEMENT WITH

HIGH PERIOR FARMS, LLC
Recommended Action:

Staff recommends the City Council adopt Ordinance No. 1009-2022 approving High Perior Farms, LLC’s application for Commercial Cannabis Cultivation, Cannabis Distribution/Transportation, Cannabis Manufacturing, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

28. ADOPTION OF ORDINANCE 1010-2022 APPROVING DEVELOPMENT AGREEMENT WITH K.H.G., LLC
Recommended Action:

Staff recommends the City Council adopt Ordinance No. 1010-2022 approving K.H.G. Group, LLC's application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

29. ADOPTION OF ORDINANCE 1011-2022 APPROVING DEVELOPMENT AGREEMENT WITH

SKY CLUB HD, LLC
Recommended Action:

Staff recommends the City Council adopt Ordinance No. 1011-2022 approving Sky Club HD, LLC's application for a Commercial Cannabis Dispensary, Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements.

30. ADOPTION OF ORDINANCE 1012-2022 APPROVING DEVELOPMENT AGREEMENT WITH

WINNERS CIRCLE HD, LLC
Recommended Action:

Staff recommends the City Council adopt Ordinance No. 1012-2022 approving Winners Circle HD, LLC’s application for a Commercial Cannabis Dispensary, Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements.

31. ADOPTION OF ORDINANCE 1013-2022 APPROVING DEVELOPMENT AGREEMENT WITH 1919 BUILDING, INC.

Recommended Action:

Staff recommends the City Council adopt Ordinance No. 1013-2022 approving 1919 Building, Inc.’s application for Commercial Cannabis Distribution/Transportation, Commercial Cannabis Manufacturing, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting.

Agenda-January 17, 2023

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The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

32. ADOPTION OF ORDINANCE 1014-2022 APPROVING DEVELOPMENT AGREEMENT WITH 2119 BUILDING, INC.

Recommended Action:

Staff recommends the City Council adopt Ordinance No. 1014-2022 approving 2119 Building, Inc.’s application for a Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

33. ADOPTION OF ORDINANCE 1015-2022 APPROVING DEVELOPMENT AGREEMENT WITH BARSTOW COMPANY, INC.

Recommended Action:

Staff recommends the City Council adopt Ordinance No. 1015-2022 approving Barstow Company, Inc.’s application for a Commercial Cannabis Cultivation permit, Commercial Cannabis Distribution/Transportation permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

34. ADOPTION OF ORDINANCE 1016-2022 APPROVING DEVELOPMENT AGREEMENT WITH BEVERLY HILLS VIEW, INC.

Recommended Action:

Staff recommends the City Council adopt Ordinance No. 1016-2022 approving Beverly Hills View, Inc.’s application for a Commercial Cannabis Cultivation permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

35. ADOPTION OF ORDINANCE 1017-2022 APPROVING DEVELOPMENT AGREEMENT WITH LA 2 VEGAS, INC.

Recommended Action:

Staff recommends the City Council adopt Ordinance No. 1017-2022 approving LA 2 Vegas, Inc.’s application for a Commercial Cannabis Cultivation permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

36. ADOPTION OF ORDINANCE 1018-2022 APPROVING DEVELOPMENT AGREEMENT WITH

MERCHANTS BARSTOW, LLC
Recommended Action:

Staff recommends the City Council adopt Ordinance No. 1018-2022 approving Merchants Barstow, LLC’s application for a Commercial Cannabis Cultivation Permit, Commercial Cannabis Distribution/Transportation Permit, Commercial Cannabis Manufacturing Permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Agenda-January 17, 2023

Page 9 of 10 ends

Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FROM

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

PUBLIC HEARINGS:

BUSINESS / ACTION ITEMS:

CITY COUNCIL:

37. DISCUSSION OF FEATURING SPEAKERS ON CAMERA DURING PUBLIC COMMENTS Recommended Action:

Discussion only; provide direction to staff.

38. APPOINTMENT OF PLANNING COMMISSIONER
Recommended Action:

Staff recommends that the City Council take one of the two the following actions:

1. Appoint Juan Antonio DeLucas to another four (4) year term (1/1/2023 - 12/31/2026) or;

2. Direct that the City Clerk advertise the vacancy on the Planning Commission, instruct staff to establish time frames for the submittal of applications, and appoint two City Council members to a Selection Committee to conduct interviews with potential Planning Commission applicants.

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

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

STAFF REPORTS:

39. CITY MANAGER'S UPDATE
Recommended Action:

Receive and file.

COUNCIL COMMITTEE REPORTS:

BUSINESS OF THE COUNCIL:

ADJOURNMENT:

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

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

Agenda-January 17, 2023

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

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

Posted on the 12TH day of January, 2023.

Joint Special Meeting CC/Harvey House/BFPD
01/17/23 05:30:PM
Maria Chavez
Doc ID: 5267

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

RECOMMENDED ACTION:

Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Salas v. City of Barstow, San Bernardino County Superior Court Case No. CIV-SB-2111435 1 Packet Pg. 11
Joint Special Meeting CC/Harvey House/BFPD
01/17/23 05:30:PM
Maria Chavez
Doc ID: 5268

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

RECOMMENDED ACTION:

Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Prothro v. City of Barstow, San Bernardino County Superior Court Case No. CIV-SB2116163 2 Packet Pg. 12
Joint Special Meeting CC/Harvey House/BFPD
01/17/23 05:30:PM
Maria Chavez
Doc ID: 5269

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

RECOMMENDED ACTION:

Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Hernandez v. City of Barstow, San Bernardino County Superior Court Case No. CIV-SB2125628 3 Packet Pg. 13
Joint Special Meeting CC/Harvey House/BFPD
01/17/23 05:30:PM
Maria Chavez
Doc ID: 5270

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None
RECOMMENDED ACTION:
(Gov. Code § 54956.9(d)(2) & (e)(3))
A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City.

AGENDA ITEM
AGENDA MATTER:

CERTIFICATE OF RECOGNITION FOR BARSTOW COMMUNITY FOOTBALL AND CHEER EXECUTIVE SUMMARY:

A certificate of recognition will be presented to Barstow Community Football and Cheer Junior Division 1 for winning the 2022 California Association of Youth Football and Cheer Championship.

DISCUSSION:

Presentation only.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Presentation only.
5 Packet Pg. 15
Joint Special Meeting
CC/Harvey House/BFPD
01/17/23 05:30 PM
City Clerk / Records
Christina Rudsell
Proclamation
Doc ID: 5265

AGENDA ITEM
AGENDA MATTER:

PRESENTATION OF PROCLAMATION IN RECOGNITION OF NATIONAL FAMILY CAREGIVERS MONTH
EXECUTIVE SUMMARY:

A proclamation will be presented in recognition of National Family Caregivers Month.

DISCUSSION:

Celebrated every November, National Family Caregivers Month (NFCM) is a time to recognize and honor family caregivers across the country. It offers an opportunity to raise awareness of caregiving issues, educate communities, and increase support for caregivers.

The national observance is led by Caregiver Action Network (CAN), a nonprofit that provides free education, peer support, and resources to family caregivers. CAN selected the 2022 theme, #CaregivingHappens, to acknowledge the reality that family caregiving is not always convenient or expected.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Present proclamation in recognition of National Family Caregivers Month. 6 Packet Pg. 16
Joint Special Meeting
CC/Harvey House/BFPD
01/17/23 05:30 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5257

AGENDA ITEM
AGENDA MATTER:

MINUTES JOINT SPECIAL MEETING - DECEMBER 19, 2022 AT 7:00 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
7 Packet Pg. 17

BARSTOW CITY COUNCIL /

BARSTOW FIRE PROTECTION DISTRICT

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
DECEMBER 19, 2022
7:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

JOINT SPECIAL MEETING
Minutes-December 19, 2022

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CALL TO ORDER:

MAYOR COURTNEY called the meeting to order at 7:00 PM
INVOCATION:

PASTOR JAMES MILA from CROSSROADS ASSEMBLY OF GOD led the invocation PLEDGE OF ALLEGIANCE:

MAYOR PRO TEM NOBLE led the pledge of allegiance
ROLL CALL:

Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse Councilmember Present
Barbara Mae Rose Councilmember Present
Paul Anthony Courtney Mayor Present
Timothy Silva Councilmember Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING

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

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

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Motion by COUNCIL MEMBER ROSE, seconded by MAYOR PRO TEM NOBLE, and unanimously carried to approve the agenda, pulling items 7 and 8 for discussion and moving items 36 and 37 ahead of items 11 - 34.

RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Silva
CANVAS OF ELECTION RETURNS:

1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW Recommended Action:

Adopt Resolution No. 5112-2022 reciting the fact of the General Municipal Election held on November 8, 2022, declaring the results and such other matters as provided by law.

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

2. PRESENTATION TO OUTGOING COUNCIL MEMBER TIMOTHY SILVA Recommended Action:

Presentation only.

ELAINE VILLAREAL, FIELD REPRESENTATIVE FOR SAN BERNARDINO COUNTY DISTRICT 3 SUPERVISOR DAWN ROWE
- Presented a proclamation from the San Bernardino County Board of Supervisors recognizing COUNCIL MEMBER SILVA for his service.

POLICE CHIEF ANDREW ESPINOZA, JR.
- Presented COUNCIL MEMBER SILVA with a medal of commendation on behalf of the Barstow Police Department.

MAYOR COURTNEY AND CITY COUNCIL
- Presented COUNCIL MEMBER SILVA with recognition plaque and thanked him for his service.

RESULT: PRESENTATION ONLY

3. ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED OFFICIALS (CITY COUNCIL

AND BARSTOW FIRE PROTECTION DISTRICT BOARD)
Recommended Action:

Administer the Oath of Office to the newly elected officials for the City Council and Barstow Fire Protection District Board. The City Clerk will present each newly elected official a Certificate of Election.

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CITY CLERK ANDREA FLORES administered the Oath of Office to the following:

District 1 Councilmember Carmen Hernandez
District 2 Mayor Pro Tem James Noble
RESULT: PRESENTATION ONLY
RECESS:

MAYOR COURTNEY called for a recess at 7:30 P.M. in order to allow the City Council to reorganize.

The meeting reconvened at 7:40 P.M. with MAYOR COURTNER, MAYOR PRO TEM NOBLE and COUNCILMEMBERS DYER KRUSE, HERNANDEZ and ROSE present.

MAYOR COURTNEY called for a recess with the City Attorney, City Manager and Police Chief at 7:42 P.M.

The meeting reconvened at 7:48 P.M. with all members present. .

PRESENTATIONS:

4. RECOGNITION OF WASTEWATER DIVISION FOR RECEIVING CALIFORNIA WATER

ENVIRONMENT ASSOCIATION AWARDS
Recommended Action:

Presentation only.

GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Presented the staff report as filed with the City Clerk.

MAYOR COURTNEY AND THE CITY COUNCIL
- Recognized WASTEWATER TREATMENT OPERATOR II TY SILVA who recently received the California Water Environment Association (CWEA) Desert and Mountain Section Operator of the Year Award.
- Recognized PLANT SUPERINTENDENT WESLEY GARRISION and the Wastewater Treatment Division staff for recently receiving the CWEA Desert and Mountain Section Wastewater Treatment Plant of the Year Award.

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

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MINUTES ALL AGENCIES:

5. MINUTES JOINT SPECIAL MEETING - DECEMBER 5, 2022 AT 6:00 P.M.

Recommended Action:

Approve minutes as presented.

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

6. APPROVAL OF UPDATED MEMORANDUM OF UNDERSTANDING FOR UNIT 5 -

FIREFIGHTERS ASSOCIATION
Recommended Action:

Staff recommends that the District Board approve the MOU with Unit 5 and authorize the District Administrator to sign the agreement on the District’s behalf.

RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
CITY COUNCIL:

7. APPROVAL OF TRAVEL TO THE LEAGUE OF CALIFORNIA CITIES NEW MAYORS AND

COUNCIL MEMBERS ACADEMY IN UNIVERSAL CITY, CA
Recommended Action:

Approve travel of Mayor Courtney, Mayor Pro Tem Noble, Council Members Rose, and Kruse, to Universal City, CA for the League of California Cites New Mayors and Council Members Academy.

COUNCILMEMBER ROSE
- Stated that the Council would be attending the New Mayors and Council Members Academy and looked forward to being able to attend in person instead of virtually.

SPEAKERS

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked if each Council Member attending would be providing a report at the following Council meeting.

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

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8. CONSIDERATION TO CANCEL THE CITY COUNCIL MEETING SCHEDULED FOR JANUARY 2, 2023
Recommended Action:

Cancel the January 2, 2023, City Council meeting.

COUNCILMEMBER ROSE
- Discussed concerns with not having a Council meeting until mid-January and asked that a special meeting be scheduled should there be many agenda items.

CITY MANAGER WILLIE HOPKINS, JR.
- Stated that there were no items for the January 2, 2023 meeting and the January 17, 2023 did not have many items.

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

9. LEASE AGREEMENT BETWEEN THE CITY OF BARSTOW AND THE BARSTOW SENIOR

CITIZEN CENTER
Recommended Action:

Staff recommends the City Council approve the updated Lease Agreement with Barstow Senior Citizen Center as presented.

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

10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW DECLARING ITS

INTENTION TO SET THE TIME, DATE AND PLACE FOR A PROTEST HEARING FOR PROPERTY ABATEMENT COSTS AND PENALTIES FOR JANUARY 17, 2023 AT 7:00 PM Recommended Action:

Approve Resolution 5113-2022, setting the date and time for a protest hearing for Property Abatement Costs and Penalties for Tuesday, January 17, 2023 at 7:00 PM in the Council Chambers and waive the full reading.

RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Kruse, Rose, Courtney, Hernandez
DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FROM

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

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MOTION TO CONTINUE MEETING:

Motion by COUNCILMEMBER HERNANDEZ, seconded by COUNCILMEMBER ROSE, to table Items 11 - 34 due to the applicants not being considered by the Planning Commission and the applications being incorrect and incomplete.

CITY ATTORNEY MATTHEW SUMMERS
- Stated that all of the applicant’s LLCs were in good standing with the Secretary of State. - Clarified that the Planning Commission only reviews and approves land use and Merchants Barstow LLC’s master lease agreement was approved by the Planning Commission.

Discussion ensued about land use, whether to table the items, schedule a special meeting or adjourn the meeting to another date.

Motion by COUNCILMEMBER ROSE, seconded by COUNCILMEMBER DYER KRUSE, and unanimously carried to adjourn the meeting to Wednesday, December 21, 2022 at 12.

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

11. PUBLIC HEARING - CONSIDERATION OF DESERT BLOOM HOLDINGS, LLC COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 995-2022 approving Desert Bloom Holdings, LLC application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

12. PUBLIC HEARING - CONSIDERATION OF ZENGROW, INC. COMMERCIAL CANNABIS

APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 996-2022 approving Zengrow, Inc. application for Commercial Cultivation, Distribution/Transportation, Manufacturing, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

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RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

13. PUBLIC HEARING - CONSIDERATION OF MERCHANTS BARSTOW 3, LLC COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 997-2022 approving Merchants Barstow 3, LLC application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

14. PUBLIC HEARING - CONSIDERATION OF MERCHANTS BARSTOW 4, LLC COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 998-2022 approving Merchants Barstow 4, LLC application for Commercial Cannabis Cultivation permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

15. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 5, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 999-2022 approving Grow Organic 5, Inc. application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

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RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

16. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 6, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

17. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 7, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 1001-2022 approving Grow Organic 7, Inc. application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

18. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 1002-2022 approving Grow Organic, Inc. application for Commercial Cannabis Distribution/Transportation, Cannabis Manufacturing, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements.

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RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

19. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 9, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 1003-2022 approving Grow Organic 9, Inc. application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

20. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 10, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 1004-2022 approving Grow Organic 10, Inc. application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

21. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 11, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 1005-2022 approving Grow Organic 11, Inc. application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

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RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

22. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 12, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 1006-2022 approving Grow Organic 12, Inc. application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

23. PUBLIC HEARING - CONSIDERATION OF MERCHANTS BARSTOW 13, LLC COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 1007-2022 approving Merchants Barstow 13, LLC application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

24. PUBLIC HEARING - CONSIDERATION OF MERCHANTS BARSTOW 14, LLC COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 1008-2022 approving Merchants Barstow 14, LLC application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

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RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

25. PUBLIC HEARING - CONSIDERATION OF HIGH PERIOR FARMS, LLC COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 1009-2022 approving High Perior Farms, LLC application for Commercial Cannabis Cultivation, Cannabis Distribution/Transportation, Cannabis Manufacturing, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

26. PUBLIC HEARING - CONSIDERATION OF K.H.G., LLC COMMERCIAL CANNABIS

APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 1010-2022 approving K.H.G. Group, LLC application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

27. PUBLIC HEARING - CONSIDERATION OF SKY CLUB HD, LLC COMMERCIAL CANNABIS

APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 1011-2022 approving Sky Club HD, LLC application for a Commercial Cannabis Dispensary, Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements.

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RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

28. PUBLIC HEARING - CONSIDERATION OF WINNERS CIRCLE HD, LLC COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 1012-2022 approving Winners Circle HD, LLC application for a Commercial Cannabis Dispensary, Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements.

RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

29. PUBLIC HEARING - CONSIDERATION OF 1919 BUILDING, INC. COMMERCIAL CANNABIS

APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 1013-2022 approving 1919 Building, Inc. application for Commercial Cannabis Distribution/Transportation, Commercial Cannabis Manufacturing, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting.

The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

30. PUBLIC HEARING - CONSIDERATION OF 2119 BUILDING, INC. COMMERCIAL CANNABIS

APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 1014-2022 approving 2119 Building, Inc. application for a Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

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RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

31. PUBLIC HEARING - CONSIDERATION OF BARSTOW COMPANY, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 1015-2022 approving Barstow Company, Inc. application for a Commercial Cannabis Cultivation permit, Commercial Cannabis Distribution/Transportation permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

32. PUBLIC HEARING - CONSIDERATION OF BEVERLY HILLS VIEW, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 1016-2022 approving Beverly Hills View, Inc. application for a Commercial Cannabis Cultivation permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

33. PUBLIC HEARING - CONSIDERATION OF LA 2 VEGAS, INC. COMMERCIAL CANNABIS

APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 1017-2022 approving LA 2 Vegas, Inc. application for a Commercial Cannabis Cultivation permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

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RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

34. PUBLIC HEARING - CONSIDERATION OF MERCHANTS BARSTOW, LLC COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. 1018-2022 approving Merchants Barstow, LLC application for a Commercial Dispensary, Cultivation, Distribution/Transportation, Manufacturing, Non-Store Front Delivery permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
BUSINESS / ACTION ITEMS:

CITY COUNCIL:

35. APPROVAL OF CODE COMPLIANCE OFFICER I POSITIONS, SR. COMMUNITY DEVELOPMENT INSPECTOR, ADMINISTRATIVE ASSISTANT AND OFFICE ASSISTANT.

Recommended Action:

Staff is recommending Council approve the additional positions to be hired at the discretion of the City Manager.

RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez

36. REQUEST FOR VOTE OF NO CONFIDENCE IN MAYOR COURTNEY Recommended Action:

Staff recommends that the City Council consider Councilmember Rose and Mayor Pro Tem Noble’s request for a vote of no confidence, and in so doing consider any response or rebuttal from Mayor Courtney, hear public testimony and take any action determined to be appropriate based on the matters presented and deliberated.

Attachments:

Exhibit A -Resolution No. 5111-2022 Expressing a Vote of No Confidence in the Mayor Exhibit B - Resolution No. 4289-2006 [Adopted Ethics Code and Censure Policy] Exhibit C - Councilmember Rose’s Written Request for a No Confidence Resolution

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OPENING REMARKS

COUNCILMEMBER ROSE
- Read a statement on why she was requesting a vote of no confidence in MAYOR COURTNEY.

MAYOR COURTNEY
- Discussed procedures for adding items to the agenda along with items outlined in the third party investigation.
- Stated that the current Censure Policy was not followed by the Council.

CITY ATTORNEY MATTHEW SUMMERS
- Clarified procedures for adding items to the agenda or rearranging the order of the agenda.

PUBLIC TESTIMONY

LATRINA WALLACE, BARSTOW, CALIFORNIA
- Stated that the request to censure MAYOR COURTNEY should not be personal. - Stated that MAYOR COURTNEY needed additional training.

PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Expressed support for MAYOR COURTNEY.
- Asked COUNCILMEMBER ROSE and MAYOR COURTNEY to let go of their differences in order to move the community forward.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with four lawsuits against the City from former employees. - Also discussed concerns with MAYOR COURTNEY attempting to hire his campaign strategist as the Public Information Officer.

TED WEASMA, BARSTOW, CALIFORNIA
- Stated that censuring MAYOR COURTNEY was unnecessary and the Council needed to move forward.

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY attempting to remove him from the Barstow Youth Football League.

ET SNELL, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY.

JIM BROWN, BARSTOW, CALIFORNIA
- Discussed concerns with false police reports filed by MAYOR COURTNEY.

MARCIA WEASMA, BARSTOW, CALIFORNIA
- Stated that the City Council members needed to work together.

CLOSING REMARKS

COUNCILMEMBER ROSE
- Discussed concerns with MAYOR COURTNEY's conduct and the importance of holding him and the entire Council accountable.
- Stated that the proper protocol was followed with the Censure Policy. - Also discussed concerns with MAYOR COURTNEY's absences from the San Bernardino County Transportation Authority (SBCTA) Board meetings and how that affected funding for the City.

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MAYOR COURTNEY
- Addressed COUNCILMEMBER ROSE's comments and the funding received from SBCTA. - Addressed Mr. Williams' and Mr. Brown's comments and rumors regarding nepotism with the hiring of the City Manager.
- Stated that the City Council needed to work together to move the City forward.

COUNCILMEMBER QUESTIONS

COUNCILMEMBER HERNANDEZ
- Asked how the Council and community were supposed to have confidence in MAYOR COURTNEY based on prior actions making reference to the third party investigation. - Mentioned she was worried about MAYOR COURTNEY representing Barstow and meeting with other public officials and business owners in other cities without the Council or public’s knowledge.

COUNCILMEMBER DYER KRUSE
- Asked if the City had received a response to the third party investigation from the District Attorney.
- Asked that the Council review the provision on page 1951 of the agenda packet regarding censuring while criminal charges were pending.

CITY ATTORNEY MATTHEW SUMMERS
- Stated that the District Attorney had not provided the City with a formal statement of the outcome of the investigation.

COUNCILMEMBER ROSE
- Asked if the proper protocol as outlined in the Censure Policy had been followed.

CITY ATTORNEY MATTHEW SUMMERS
- Stated that the proper protocol had been followed.

COUNCILMEMBER COMMENTS

COUNCILMEMBER HERNANDEZ
- Discussed concerns with MAYOR COURTNEY and his treatments towards staff, not working with the Council and his representation of the City.
- Asked CITY ATTORNEY MATTHEW SUMMERS to clarify the provision regarding censuring while criminal charges were pending.

COUNCILMEMBER DYER KRUSE
- Recommended that no action be taken until the District Attorney issued the statement of the outcome of the third party investigation.

CITY ATTORNEY MATTHEW SUMMERS
- Clarified that the Council could elect to move forward with the censure as no criminal charges had been filed against MAYOR COURTNEY to the best of the City's knowledge.

COUNCILMEMBER ROSE
- Asked CITY ATTORNEY MATTHEW SUMMERS if censuring MAYOR COURTNEY would affect his right to a fair trial.

CITY ATTORNEY MATTHEW SUMMERS
- Stated that he did not anticipate that adopting a resolution of no confidence would affect MAYOR COURTNEY's right to a fair trial as there were no criminal charges pending against him.

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MAYOR COURTNEY
- Stated that the Council needed to work together and treat each other with civility and respect. - Asked CITY MANAGER WILLIE HOPKINS, JR. to appoint a mediator to help the Council resolve their differences.

Motion by COUNCILMEMBER DYER KRUSE, no second, to take no action until the District Attorney responds to the findings of the third party investigation. Motion died for lack of a second.

Motion by COUNCILMEMBER ROSE, seconded by COUNCILMEMBER HERNANDEZ, to adopt Resolution No. 5111-2022 expressing a vote of no Confidence in the Mayor. Motion failed 2-2.

Motion by COUNCILMEMBER HERNANDEZ, seconded by MAYOR PRO TEM NOBLE, and unanimously carried, to continue the matter until the District Attorney issues a response to the findings of the third party investigation.

RESULT: CONTINUED
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Kruse, Noble, Rose, Hernandez
ABSTAIN: Courtney
BFPD/CITY COUNCIL:

37. JOINT ITEM - CITY COUNCIL/BARSTOW FIRE PROTECTION DISTRICT BOARD OF

DIRECTORS REORGANIZATION AND SELECTION OF COMMITTEE REPRESENTATIVES

AND ALTERNATES
Recommended Action:

The City Council/Barstow Fire Protection Board of Directors are asked to 1) approve the reorganization of the City Council/Barstow Fire Protection District Board of Directors and 2) determine committee representatives and alternates, establish new committees if needed, and delete non-functioning committees.

RESULT: CONTINUED to December 21, 2022
MOVER: Barbara Mae Rose, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Hernandez
GENERAL, NON-AGENDA PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL

STAFF REPORTS:

PUBLIC SAFETY UPDATES:

CITY MANAGER / DISTRICT MANAGER COMMENTS:

COUNCIL COMMITTEE REPORTS:

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BUSINESS OF THE COUNCIL:

ADJOURNMENT:

Motion by COUNCILMEMBER ROSE, seconded by COUNCILMEMBER DYER KRUSE, and unanimously carried at 11:22 P.M., to adjourn the meeting to Wednesday, December 21, 2022 at 12 P.M.

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

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Attachment: 12 19 2022 Minutes_FINAL (5257 : Minutes Joint Special Meeting December 19, 2022 7:00 P.M.) Joint Special Meeting
CC/Harvey House/BFPD
01/17/23 05:30 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5258

AGENDA ITEM
AGENDA MATTER:

MINUTES JOINT SPECIAL MEETING - DECEMBER 21, 2022 AT 12:00 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
8 Packet Pg. 36

BARSTOW CITY COUNCIL /

BARSTOW FIRE PROTECTION DISTRICT

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
DECEMBER 21, 2022
12:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

JOINT SPECIAL MEETING
Minutes-December 21, 2022

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THIS ADJOURNED JOINT SPECIAL CITY COUNCIL MEETING WAS ADJOURNED FROM THE JOINT SPECIAL CITY COUNCIL MEETING THAT WAS HELD ON DECEMBER 19, 2022. AT THIS MEETING, THE COUNCIL UNANIMOUSLY APPROVED CONSIDERING ITEM 37 AHEAD OF ITEMS 11 – 35.

CALL TO ORDER:

MAYOR COURTNEY called the meeting to order at 12:02 P.M.

ROLL CALL:

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

COUNCILMEMBER HERNANDEZ
- Requested that Items 11 - 34 be referred to the Planning Commission for review as all previous cannabis applicants were reviewed by the Planning Commission.

COUNCILMEMBER DYER KRUSE recused from the meeting at 1:43 P.M.

Motion by COUNCILMEMBER HERNANDEZ, seconded by COUNCILMEMBER ROSE to open Items 11 - 34 for discussion.

MAYOR COURTNEY OPENED THE PUBLIC HEARING AT 1:44 P.M.

CITY ATTORNEY MATTHEW SUMMERS
- Stated that review of the subtenants by the Planning Commission was not legally required.

Discussion ensued about the Planning Commission's process for approving land use and the disclosure of the applicant's names during the process.

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MAYOR PRO TEM NOBLE
- Asked if review by the Planning Commission would change the outcome of the applicants and the project.

BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated that the same applications and development agreements would go back to the Council after review by the Planning Commission.

Discussion ensued about the California Environmental Quality Act (CEQA) requirements, and electrical and water requirements.

COUNCILMEMBER HERNANDEZ
- Asked about the electrical requirements of the project. - Also noted that each applicant should be present and follow the same process clarifying each unit was different.

BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated that Southern California Edison who would provide power, but the applicants had gas powered generators in the event of a power outage.

COUNCILMEMBER ROSE
- Requested clarification on water usage for the project.

GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Stated that the developer was responsible of addressing utility usage not the Planning Commission. - Also noted that cannabis operators were required to capture and reuse water as much as possible.

BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Explained the process of reusing water for cannabis related projects.

SPEAKERS

JIM BROWN, BARSTOW, CALIFORNIA
- Expressed support for the project going before the Planning Commission. - Asked when the applicant would start operating if the project was approved.

BILLIE BRAUN, BARSTOW, CALIFORNIA
- Discussed concerns with impacts to the Barstow International Gateway Project along with concerns regarding water and the negative perception cannabis would create among the community.

JOE VAIL, MINISTER OF MOJAVE DESERT CHRISTIAN CHURCH
- Discussed concerns with commercial cannabis.

ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed medical benefits of cannabis.
- Also discussed concerns with MAYOR COURTNEY and CITY ATTORNEY MATTHEW SUMMERS.

LATRINA WALLACE, BARSTOW, CALIFORNIA
- Stated that more education was needed on the commercial cannabis process. - Asked how cannabis revenues would be spent and suggested establishing an oversight committee.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Stated that past practice was to have the applicants attend Planning Commission and Council meetings to provide information and answer questions.
- Discussed concerns with not requiring each applicant follow the same process.

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JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Asked about the City's liability if the projects were not approved.

BUSHAWN CARPENTER, TOTAL RESTORATION CHURCH
- Read a statement from the Barstow Christian Ministers Association opposing commercial cannabis and the projects.

DISCUSSION

GENERAL MANAGER OF ENVIRONMENTAL SERVICES KODY TOMPKINS - Discussed stringent water requirements imposed on applicants along with an additional police substation.
- Stated that staff had worked since March to ensure that each applicant was following all state and local rules and regulations.
- Also noted that the application period had been closed due to the volume of applicants.

Motion by COUNCILMEMBER HERNANDEZ, seconded by COUNCILMEMBER ROSE, to refer Items 11 - 34 to the Planning Commission. Motion failed 2-2, with COUNCILMEMBER DYER KRUSE abstaining.

Motion by COUNCILMEMBER ROSE, seconded by MAYOR COURTNEY, and carried 3-1 with COUNCILMEMBER DYER KRUSE abstaining, to introduce and conduct a first reading of Ordinances 995-2022, 996-2022, 997-2022, 998-2022, 999-2022, 1000-2022, 1001-2022, 1002-2022, 1003-2022, 1004-2022, 1005-2022, 1006-2022, 1007-2022, 1008-2022, 1009-2022, 1010-2022, 1011-2022, 1012-2022, 1013-2022, 1014-2022, 1015-2022, 1016-2022, 1017-2022, and 1018-2022, with the following amendments:
1) $65,000 paid towards the community benefits program for each retail dispensary (Sky Club HD, LLC and Winners Circle HD, LLC)
2) Correct date errors on applications and complete missing information 3) Change notice of exemption to read CEQA exemption
COUNCILMEMBER ROSE stated that her intent with the motion was to consider and vote on each item individually.

MAYOR COURTNEY, MAYOR PRO TEM NOBLE and CITY ATTORNEY MATTHEW SUMMERS stated that they understood the motion was to introduce and conduct a first reading of the ordinances listed on Items 11 – 34.

CITY CLERK SERVICES MANAGER CHRISTINA RUDSELL
- Clarified that the motion entered into the record was to introduce and conduct a first reading of the ordinances listed on Items 11 – 34.

11. PUBLIC HEARING - CONSIDERATION OF DESERT BLOOM HOLDINGS, LLC COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

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

12. PUBLIC HEARING - CONSIDERATION OF ZENGROW, INC. COMMERCIAL CANNABIS

APPLICATION
Recommended Action:

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

13. PUBLIC HEARING - CONSIDERATION OF MERCHANTS BARSTOW 3, LLC COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

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

14. PUBLIC HEARING - CONSIDERATION OF MERCHANTS BARSTOW 4, LLC COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

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the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

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

15. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 5, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

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

16. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 6, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

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

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17. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 7, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

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

18. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

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

19. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 9, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

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

20. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 10, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

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

21. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 11, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

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

22. PUBLIC HEARING - CONSIDERATION OF GROW ORGANIC 12, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

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the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

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

23. PUBLIC HEARING - CONSIDERATION OF MERCHANTS BARSTOW 13, LLC COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

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

24. PUBLIC HEARING - CONSIDERATION OF MERCHANTS BARSTOW 14, LLC COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

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

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25. PUBLIC HEARING - CONSIDERATION OF HIGH PERIOR FARMS, LLC COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

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

26. PUBLIC HEARING - CONSIDERATION OF K.H.G., LLC COMMERCIAL CANNABIS

APPLICATION
Recommended Action:

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

27. PUBLIC HEARING - CONSIDERATION OF SKY CLUB HD, LLC COMMERCIAL CANNABIS

APPLICATION
Recommended Action:

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

28. PUBLIC HEARING - CONSIDERATION OF WINNERS CIRCLE HD, LLC COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

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

29. PUBLIC HEARING - CONSIDERATION OF 1919 BUILDING, INC. COMMERCIAL CANNABIS

APPLICATION
Recommended Action:

The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

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

30. PUBLIC HEARING - CONSIDERATION OF 2119 BUILDING, INC. COMMERCIAL CANNABIS

APPLICATION
Recommended Action:

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the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

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

31. PUBLIC HEARING - CONSIDERATION OF BARSTOW COMPANY, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

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

32. PUBLIC HEARING - CONSIDERATION OF BEVERLY HILLS VIEW, INC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

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

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33. PUBLIC HEARING - CONSIDERATION OF LA 2 VEGAS, INC. COMMERCIAL CANNABIS

APPLICATION
Recommended Action:

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

34. PUBLIC HEARING - CONSIDERATION OF MERCHANTS BARSTOW, LLC COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

RESULT: APPROVED [3 TO 1]
MOVER: Barbara Mae Rose, Council Member
SECONDER: Paul Anthony Courtney, Mayor
AYES: Noble, Rose, Courtney
NAYS: Hernandez
ABSTAIN: Kruse
MAYOR COURTNEY CLOSED THE PUBLIC HEARING AT 3:10 P.M.

COUNCILMEMBER DYER KRUSE returned to the meeting at 3:11 P.M.

BUSINESS / ACTION ITEMS:

CITY COUNCIL:

35. APPROVAL OF CODE COMPLIANCE OFFICER I POSITIONS, SR. COMMUNITY DEVELOPMENT INSPECTOR, ADMINISTRATIVE ASSISTANT AND OFFICE ASSISTANT.

Recommended Action:

Staff is recommending Council approve the additional positions to be hired at the discretion of the City Manager.

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BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Presented the staff report as filed with the City Clerk.

MAYOR PRO TEM NOBLE
- Asked what the requirements were for the Code Compliance Officer positions.

BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Stated that most positions were entry-level with the only requirement being a high school diploma.
- Also noted that the officers would receiving training from existing staff and attend a code enforcement training academy.

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

37. JOINT ITEM - CITY COUNCIL/BARSTOW FIRE PROTECTION DISTRICT BOARD OF

DIRECTORS REORGANIZATION AND SELECTION OF COMMITTEE REPRESENTATIVES

AND ALTERNATES
Recommended Action:

CITY MANAGER WILLIE HOPKINS, JR.
- Presented the staff report as filed with the City Clerk.

COUNCILMEMBER HERNANDEZ
- Recommended reviewing assignments based on Councilmember preference. - Offered to serve on committees that meet during the day due to her being retired. - Requested serving on the Mojave Air Quality Management District (MDAQMD) Board, San Bernardino County Transportation Authority (SBCTA) Board and Streets Committee.

COUNCILMEMBER ROSE
- Asked for clarification on if the appointments were made by consensus of the Council.

CITY ATTORNEY MATTHEW SUMMERS
- Clarified that the appointments were made by consensus of the Council.

SPEAKERS

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked how the Council was going to proceed with selecting Streets Committee members. - Stated that individuals who have attended the meetings and have an interest should be selected as committee members.

MAYOR COURTNEY
- Stated that the City would address how committee members were selected.

COUNCILMEMBER DYER KRUSE

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- Stated that the District 4 vacancy on the Measure Q Commission was vacant and would be filled until after the election.

DISCUSSION

COUNCILMEMBER ROSE
- Stated that each Councilmember was responsible for ensuring that vacancies in their respective district were filled and that their representatives attended meetings. - Endorsed COUNCILMEMBER HERNANDEZ as the representative for the SBCTA Board. Also discussed concerns with MAYOR COURTNEY's attendance at SBCTA meetings and him not contacting her as the alternate when he could not attend. - Also endorsed COUNCILMEMBER HERNANDEZ's request to service on the MDAQMD Board and Streets Committee.
- Requested to continue to remain as the Chair of the Rules and Policies and Homeward Bound Committees.

BUILDING OFFICIAL/FIRE MARSHAL CHRIS HELDRETH
- Discussed accomplishments of the Rules and Policies Committee during COUNCILMEMBER ROSE's tenure.

LATRINA WALLACE, BARSTOW, CALIFORNIA
- Expressed support for COUNCILMEMBER ROSE continuing to serve on the Homeward Bound Committee.

MAYOR COURTNEY
- Discussed concerns with COUNCILMEMBER ROSE serving on the Homeward Bound Committee, causing division and a cease and desist order being served on a resident. - Encouraged COUNCILMEMBER HERNANDEZ to be involved with SBCTA and discussed funding that the City received during his tenure.

COUNCILMEMBER DYER KRUSE
- Recommended MAYOR COURTNEY continue to serve on the SBCTA Board with COUNCILMEMBER HERNANDEZ as an alternate.
- Requested to continue with her current appointments and offered to serve as alternate on the Rules and Policies Committee and the Southern California Association of Governments. - Requested to serve as the representative of the Southern California Edison Government Advisory Panel (SCE GAP).
- Encouraged alternates to attend meetings and always be aware of their respective committee issues and be prepared in advance.

MAYOR COURTNEY
- Stated that he did not support COUNCILMEMBER ROSE as the chair of the Rules and Policies Committee and discussed concerns with her service.

COUNCILMEMBER HERNANDEZ
- Stated that Southern California Edison contacted her about serving and stated that she could serve as an alternate on the SCE GAP.
- Requested to serve on the Finance Committee.
- Stated that the Barstow Gaming and Wastewater Committees should be removed.

CITY ATTORNEY MATTHEW SUMMERS
- Addressed the cease and desist letter from Mr. Darrin Fikstad's attorney noting that no litigation had been filed.

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Motion by COUNCILMEMBER HERNANDEZ, seconded by MAYOR PRO TEM NOBLE, and unanimously carried, to approve committee appointments with the exception of the SBCTA Board, Homeward Bound, Rules and Policies and Streets Committee.

RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Mayor Pro Tem
AYES: Noble, Kruse, Rose, Courtney, Hernandez
CITY MANANGER WILLIE HOPKINS, JR.
- Stated that the Streets Committee would remain and meet biennially or annually.

COUNCILMEMBER HERNANDEZ
- Recommended that the Streets Committee to continue to meet monthly due to its importance in the community.

SBCTA BOARD OF DIRECTORS

MAYOR COURTNEY
- Discussed accomplishments during his tenure on the SBCTA Board of Directors and requested to continue to serve as the Chair.

COUNCILMEMBER ROSE
- Stated that her concerns with MAYOR COURTNEY are a result of his proven attendance record.

COUNCILMEMBER HERNANDEZ
- Stated that she was willing to serve as the alternate as long as MAYOR COURTNEY advises her in advance if he cannot attend and be punctual at the meeting.

MAYOR PRO TEM NOBLE
- Expressed frustration with the length of time to discuss the item and encouraged the Council to work together as a team and address differences behind closed doors.

Motion by MAYOR PRO TEM NOBLE, seconded by COUNCILMEMBER DYER KRUSE, and carried 4-0, to appoint MAYOR COURTNEY as the representative and COUNCILMEMBER HERNANDEZ as the alternate to the SBCTA Board of Directors. MAYOR COURTNEY abstained.

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

HOMEWARD BOUND COMMITTEE
Motion by MAYOR PRO TEM NOBLE, seconded by COUNCILMEMBER DYER KRUSE, and carried 4-0, to appoint COUNCILMEMBER ROSE as the chair and COUNCILMEMBER HERNANDEZ as the vice-chair to the Homeward Bound Committee. MAYOR COURTNEY abstained.

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RESULT: APPROVED [4 TO 1]
MOVER: James M. Noble, Mayor Pro Tem
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Kruse, Noble, Rose, Hernandez
ABSTAIN: Courtney

RULES AND POLICIES COMMITTEE
Motion by MAYOR PRO TEM NOBLE, seconded by COUNCILMEMBER ROSE, and unanimously carried to appoint COUNCILMEMBER ROSE as the chair and COUNCILMEMBER DYER KRUSE as the vice-chair to the Rules and Policies Committee.

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

STREETS COMMITTEE
Motion by MAYOR PRO TEM NOBLE, seconded by COUNCILMEMBER ROSE, and unanimously carried, to continue the Streets Committee mandate with meetings occurring monthly or as needed with COUNCILMEMBER DYER KRUSE as the chair and COUNCILMEMBER HERNANDEZ as the vice-chair.

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

MAYOR COURTNEY CALLED FOR A RECESS AT 1:24 P.M.

THE MEETING RECONVENED AT 1:37 P.M. WITH ALL COUNCIL MEMBERS PRESENT.

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

JOHN HILL, BARSTOW, CALIFORNIA
- Discussed research conducted on political discord.

JOHN WILLIAMS, BARSTOW, CALIFORNIA
- Apologized to Mayor Pro Tem Noble for stating he had no confidence in him. - Discussed concerns with MAYOR COURTNEY's inaccurate statements regarding the Marriott development agreement and various items of litigation.

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- Also asked MAYOR COURTNEY if he recently distributed the letter from COUNCILMEMBER ROSE's family.

ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed concerns with public records requests and CITY ATTORNEY MATTHEW SUMMERS.

JIM BROWN, BARSTOW, CALIFORNIA
- Asked why former Mayor Julie Hackbarth-McIntyre was not appointed to the Streets Committee. - Stated that the Streets Committee should meet monthly. - Expressed support for ACTING FIRE CHIEF NICK DINAPOLI.

KIM MARTIN
- Expressed support for MAYOR COURTNEY and discussed concerns with Mr. Williams and COUNCILMEMBER ROSE.

BILLIE BRAUN, OWNER OF BILLIE'S KITCHEN
- Provided an update on the recent Letter's to Santa event. - Thanked the Council for their support.

LATRINA WALLACE, BARSTOW, CALIFORNIA
- Discussed the medical benefits of cannabis and encouraged education of the community on the topic.
- Expressed concerns with MAYOR COURTNEY and COUNCILMEMBER ROSE.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked for a status on the balance of Measure Q funds. - Addressed comments regarding the City's liability as it related to the commercial cannabis projects. - Discussed concerns with MAYOR PRO TEM NOBLE and COUNCILMEMBER ROSE not having Items 11 - 34 discussed by the Council.

ANN TAYLOR, BARSTOW, CALIFORNIA
- Thanked the Mayor and Council for their service, for street improvements and addressing blighted properties throughout the city.

STAFF REPORTS:

None.

RECESS:

MAYOR COURTNEY CALLED FOR A RECESS AT 3:49 P.M.

THE MEETING RESUMED AT 3:55 P.M. WITH ALL MEMBERS PRESENT.

PUBLIC SAFETY UPDATES:

ACTING FIRE CHIEF NICK DINAPOLI
- Expressed condolences to the family of retired Barstow Fire Captain John McNelis who recently passed away.

POLICE CHIEF ANDREW ESPINOZA JR.
- Thanked the Council for their support of the Police Department throughout the year. - Discussed the upcoming Christmas, Cops and Kids event on December 24, 2022. - Provided holiday safety tips and wished all a happy holiday and new year.

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CITY MANAGER / DISTRICT MANAGER COMMENTS:

CITY MANAGER WILLIE HOPKINS, JR.
- Discussed national announcements regarding the First Street Bridge and stated the groundbreaking ceremony was January 26, 2023 at 10 A.M.
- Stated that recruitments for District 3 and 4 vacancies on the Measure Q Resident Oversight Commission would start in January. Also noted that staff would be improving the recruitment process for the City's various committees.

COUNCIL COMMITTEE REPORTS:

COUNCILMEMBER ROSE
- Stated that the Homeward Bound and Rules and Policies Committees were dark in December.

MAYOR PRO TEM NOBLE
- Stated he attended the December 13, 2022 Military Affairs Committee meeting, the next meeting was January 10, 2023 and invited the public to attend.
- Noted that the Victor Valley Transit Authority meeting was dark in December.

COUNCILMEMBER DYER KRUSE
- No committee reports.

COUNCILMEMBER HERNANDEZ
- No committee reports

MAYOR COURTNEY
- No committee reports.

BUSINESS OF THE COUNCIL:

COUNCILMEMBER ROSE
- Thanked City staff and the Police and Fire Chiefs for all of their support and hard work throughout the year.
- Also thanked the Council, the community and her family for their support. - Wished all a happy holiday and new year.

MAYOR PRO TEM NOBLE
- Thanked City staff for all their hard work throughout the year. - Stated he looked forward to a positive start and the Council and community working together in the upcoming year.
- Addressed COUNCILMEMBER HERNANDEZ's concerns.
- Informed Mr. Hernandez that recent Treasurer's reports would be provided. - Thanked District 2 constituents and his campaign manager for their support during the recent election.

COUNCILMEMBER DYER KRUSE
- On behalf of Barstow resident Marcia Weasma, encouraged all to volunteer and support the Barstow Senior Citizen's Center Holiday Meal program.
- Thanked City staff for all their hard work throughout the year. - Encouraged the community to treat each other with kindness and respect and work together. - Wished all a happy holiday and new year.

COUNCILMEMBER HERNANDEZ
- Motioned to add a discussion of including public speakers on camera to the next agenda.

Councilmember Rose seconded.

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- Thanked the community for their support during the recent election. - Stated she looked forward to the Council and community working together in the upcoming year. - Wished all a happy holiday and new year.

MAYOR COURTNEY
- On behalf of Barstow resident Ted Weasma, discussed the history of the Barstow Senior Citizen's Holiday Meal program.
- Thanked the Council, City Attorney and City Manager for their support and looked forward to working together in the upcoming year to move Barstow forward. - Thanked the community for their support.
- Also discussed recent toy giveaway event and upcoming food giveaway event at EC Barstow on December 22, 2022.
- Thanked all City staff and the Police and Fire Chiefs for their hard work.

ADJOURNMENT:

By the consensus of the City Council and without objection the meeting was adjourned at 4:32 P.M. in memory of retired Barstow Fire Captain John McNelis.

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Attachment: 12 21 2022 Minutes FINAL (5258 : Minutes Joint Special Meeting December 21, 2022 12:00 P.M.) Joint Special Meeting
CC/Harvey House/BFPD
01/17/23 05:30 PM
Finance
Marisol Tolbert
Account Payable Expenditures
Doc ID: 5266

AGENDA ITEM
AGENDA MATTER:

RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
EXECUTIVE SUMMARY:

Approve and ratify City of Barstow, Barstow Fire Protection District (Fire) and Successor Agency accounts payable expenditures for checks #89731-90178 totaling $4,665,481.19 and wires #846-850 totaling $189,023.38, as described in detail in discussion box below.

DISCUSSION:

Having been audited as prescribed by Government Code Sections 37202 and 37208, the following prepaid checks and wires are herewith submitted for Council approval and ratification:

Wire/Check # Date Fiscal Year Agency Amount
Check #89845 & 89846 11/28/22 FY22/23 City $403,204.17
Fire $0.00
Successor $0.00
Run Total $403,204.17
Check #89731-89844 11/30/22 FY22/23 City $35,942.94
Fire $0.00
Successor $0.00
Run Total $35,942.94
Wire #846 12/02/22 FY22/23 City $1,448,715.40
Check #89847-89912 Fire $65,797.67
Successor $0.00
Run Total $1,514,513.07
Wires #847-849 12/09/22 FY22/23 City $883,073.57
Check #89913-89985 Fire $102,034.99
Successor $0.00
Run Total $985,108.56
Wire #850 12/22/22 FY22/23 City $1,766,530.00
Check #89986-90067 Fire $112,556.37
Successor $0.00
Run Total $1,879,086.37
Check #90068-90178 12/30/22 FY22/23 City $36,649.46
Fire $0.00
Successor $0.00
Run Total $36,649.46
9 Packet Pg. 56
Joint Special Meeting
CC/Harvey House/BFPD
01/17/23 05:30 PM
Finance
Marisol Tolbert
Account Payable Expenditures
Doc ID: 5266

AGENDA ITEM
AP Run Grand Total $4,854,504.57
FISCAL IMPACT:

Expenses conform to City purchasing policies and the budget approved by resolution of the Council.

Accordingly, sufficient funds have been budgeted for these checks.

RECOMMENDED ACTION:

Approve and ratify expenses, as audited, for checks #89731-90178 totaling $4,665,481.19 and wires #846-850 totaling $189,023.38, per the Agency breakdown below:

City: $4,574,115.54
Fire: $280,389.03
Successor Agency: $0.00
Grand Total: $4,854,504.57
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Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total 89845 11/28/2022 002177 BURRTEC WASTE INDUSTRIES INC. 112822 SEPT/OCT 2022 RESIDENTIAL HAULER FEE City 198,318.88 390,135.00 11282022 OCT 2022 COMMERCIAL HAULER FEE City 191,816.12 89846 11/28/2022 012873 SPIRAC (USA) INC US220077 SCREW PRESS CONVEYOR SCREW City 10,964.17 13,069.17 Freight City 2,105.00
AGENCY TOTAL 403,204.17 403,204.17
City 403,204.17
Fire -
Successor Agency -
403,204.17

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - NOVEMBER 28, 2022

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Attachment: 112822 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total 89731 11/30/2022 002092 ALCANTARA, RUDOLPH DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89732 11/30/2022 002165 ARGUETA, LINDA DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89733 11/30/2022 011257 AVILES, ANGEL DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 260.00 260.00 89734 11/30/2022 012442 BARBOUR, BELINDA DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89735 11/30/2022 010910 BARNES, LORRAINE DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 426.56 426.56 89736 11/30/2022 011258 BAUTISTA, PATRICIA DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89737 11/30/2022 000789 BECKNELL, KENNETH DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89738 11/30/2022 011260 BELLOMY, MICHAEL DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 255.84 255.84 89739 11/30/2022 011261 BERRY, JOANN DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89740 11/30/2022 011262 BIZZLE, RALPH DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89741 11/30/2022 011263 BLACKWELL, JEAN K DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89742 11/30/2022 011264 BOYD, JOYCE DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89743 11/30/2022 011265 BROWN, BARBARA L DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 153.53 153.53 89744 11/30/2022 000203 BROWN, MICHAEL DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89745 11/30/2022 011266 BUBIER, JEFFREY DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89746 11/30/2022 011267 BURCHETT, MARJORIE M. DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.25 232.25 89747 11/30/2022 000254 CALIBOSO, DANTE DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - NOVEMBER 30, 2022

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Attachment: 113022 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - NOVEMBER 30, 2022
89748 11/30/2022 003513 CARDENAS, MICHAEL DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89749 11/30/2022 012351 CARTER, MARGARET DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 153.53 153.53 89750 11/30/2022 011269 CEDILLO, ROBERT L. DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89751 11/30/2022 011270 CHAVIRA, RUTH DIANE DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89752 11/30/2022 011513 COLE, STEPHEN DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89753 11/30/2022 011271 CONDER, LYNDA DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89754 11/30/2022 011272 COOPER, JAMES R. DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89755 11/30/2022 011891 CORDOVA, LAURIE DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 426.56 426.56 89756 11/30/2022 000401 COUSINO, JOANNE DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89757 11/30/2022 011319 CUNNINGHAM, KATHLEEN DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89758 11/30/2022 011320 CURNUTTE, VELMA DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89759 11/30/2022 012180 DAHLEM, NANCY DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89760 11/30/2022 000443 DALE, LAWRENCE DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89761 11/30/2022 011892 DEWYER, ROBERTA DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 426.56 426.56 89762 11/30/2022 011274 DICKERSON, MARIAN DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89763 11/30/2022 011321 ERIKSEN, BETTY DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89764 11/30/2022 000573 ESPINOZA SR., ANDREW DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 401.00 401.00

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Attachment: 113022 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - NOVEMBER 30, 2022
89765 11/30/2022 002304 FLORES, DOROTHEA DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89766 11/30/2022 001451 FRANCIS, DIANA DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89767 11/30/2022 000619 FRANEY, MARK K. DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89768 11/30/2022 011275 GAZZAR, ALBERT DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89769 11/30/2022 000308 GENTRY, ANITA DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 145.65 145.65 89770 11/30/2022 000649 GERARDI, MARK DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 426.56 426.56 89771 11/30/2022 002279 GOMEZ, JOE D. JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 426.56 426.56 89772 11/30/2022 012443 GORDON, TANYA DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89773 11/30/2022 012874 GRIEGO, IRMA DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 312.00 312.00 89774 11/30/2022 000861 HACKBARTH-MCINTYRE, JULIE DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89775 11/30/2022 000707 HARPOLE, RICHARD DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89776 11/30/2022 011512 HARRIS, MELVIN DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 228.41 228.41 89777 11/30/2022 011278 HAWES, DALLAS C DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89778 11/30/2022 004234 HERNANDEZ, MARJORIE DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 426.56 426.56 89779 11/30/2022 011279 HIBBETTS, ARTHUR DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89780 11/30/2022 011280 HIBBETTS, SHIRLEY DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94

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Attachment: 113022 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - NOVEMBER 30, 2022
89781 11/30/2022 000752 HIGGERSON, KIRTLEY I. DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 245.96 245.96 89782 11/30/2022 000944 HILL, LESLIE DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89783 11/30/2022 002137 HOWARD, LEE DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89784 11/30/2022 011596 HUNTER, MICHAEL P DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89785 11/30/2022 000844 JAMES, HERMINIA DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89786 11/30/2022 011282 JARMAN, JIMMIE DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89787 11/30/2022 011283 JONES, KIYOKO DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89788 11/30/2022 011285 KENNEDY, LORELLA DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 145.65 145.65 89789 11/30/2022 011286 KENNEDY, SANDRA DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89790 11/30/2022 011287 KERSTEN, PETER DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89791 11/30/2022 011288 KIRBY, STEPHEN C. DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89792 11/30/2022 002077 KLINGENBERG, BERNARD DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89793 11/30/2022 000898 KULSETH, MARLOWE K. DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89794 11/30/2022 011289 KURTH, ALVIN DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89795 11/30/2022 000968 LINDLEY, JAMES N. DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89796 11/30/2022 011291 LOPEZ, BONI DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 255.84 255.84 89797 11/30/2022 011292 LOPEZ, DOROTHY A DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94

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Attachment: 113022 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - NOVEMBER 30, 2022
89798 11/30/2022 000998 MAESTAS, MARILYN DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89799 11/30/2022 001022 MAULDIN, MARK A. DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89800 11/30/2022 001037 MCMICHAEL, CAROLE DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 153.53 153.53 89801 11/30/2022 012547 MISCHEL, DONALD DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89802 11/30/2022 002439 MORRIS, VERNON DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89803 11/30/2022 011295 MOSER-MORRIS, PATRICIA J. DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89804 11/30/2022 002116 MURPHY, MARK DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 211.19 211.19 89805 11/30/2022 011236 NOTTINGHAM, HARLEY DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89806 11/30/2022 011299 PADDACK, RONALD DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89807 11/30/2022 011029 PELLMAN, CARROLL DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89808 11/30/2022 012331 PERALTA, TERRI DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89809 11/30/2022 012372 PINKUS, MARY DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 426.56 426.56 89810 11/30/2022 001254 PTAK, RICHARD A. DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89811 11/30/2022 001293 RAMIREZ JR., ALBERT DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89812 11/30/2022 012417 RATELLE, MONA DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 153.53 153.53 89813 11/30/2022 011303 REED, SHIRLEY A. DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89814 11/30/2022 011304 REKWARD, RUSSELL DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94

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Packet Pg. 63
Attachment: 113022 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - NOVEMBER 30, 2022
89815 11/30/2022 001317 RILEY, JENNIFER DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89816 11/30/2022 011305 ROBERTSON, ROSE DALLEEN DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89817 11/30/2022 012573 RODRIGUEZ, CECILIA DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89818 11/30/2022 003628 ROWE, RICHARD DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 614.88 614.88 89819 11/30/2022 011308 SESSIONS, CAROL DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89820 11/30/2022 002409 SHIPLEY, ERNEST DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89821 11/30/2022 001439 SHIPLEY, LYNN DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89822 11/30/2022 001919 SHIPLEY, MIKE DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89823 11/30/2022 011309 SLUDER, DONNA DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 211.19 211.19 89824 11/30/2022 004235 SPILLER, WILLIAM DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89825 11/30/2022 000399 STAPP, MARY DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89826 11/30/2022 002094 STEWART, MICHAEL DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 279.57 279.57 89827 11/30/2022 011310 STOLTE, PATRICIA A. DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89828 11/30/2022 011763 TAN, LANNIO DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89829 11/30/2022 001578 THOMAS, JEFFERY DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 401.00 401.00 89830 11/30/2022 001594 TORO, ALBERT DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00

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Packet Pg. 64
Attachment: 113022 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - NOVEMBER 30, 2022
89831 11/30/2022 011205 URTIAGA, EUGENE DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89832 11/30/2022 011893 VASQUEZ, MARK DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 426.56 426.56 89833 11/30/2022 000754 VOEGELI, CARMEN DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89834 11/30/2022 011313 WARREN, JIMMIE W. DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 100.88 100.88 89835 11/30/2022 011314 WEBB, ELGENIA M. DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89836 11/30/2022 012652 WILHELM, DENNIS DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89837 11/30/2022 011316 WILLETTE, RICHARD DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 232.94 232.94 89838 11/30/2022 001698 WILLETTS, CHARLES DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89839 11/30/2022 004001 YAZZIE, VERNA DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 228.41 228.41 89840 11/30/2022 012156 ZAMORA, SR., RONALD DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89841 11/30/2022 012352 MASSIMINI, MICHAEL S. DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 451.00 451.00 89842 11/30/2022 001455 SMITH, ERNEST DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 280.27 280.27 89843 11/30/2022 003142 WEST, HOWARD DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 365.00 365.00 89844 11/30/2022 011512 HARRIS, MELVIN DECEMBER2022 RETIREE HEALTH INSURANCE REIMBURSEMENT City 92.08 92.08 AGENCY TOTAL 35,942.94 35,942.94
City 35,942.94
Fire -
Successor Agency -
35,942.94

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9.b
Packet Pg. 65
Attachment: 113022 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total 846 12/02/2022 001478 GOLDEN STATE WATER COMPANY 06241300000 DANA PARK BLDG - 4" METER City 6,296.90 39,670.65 16792200004 2800 GUADALUPE DR,#A - 2" METER City 5,950.60 86241300002 LILLIAN PARK- 901 BIGGER ST, 2" METER City 4,581.49 18241300005 H ST PARK - RIMROCK@H ST, 2" METER City 3,336.82 26792200003 2800 GUADALUPE DR,#B - 2" METER City 2,979.81 08241300006 K ST PARK - 34074 K ST, 2" METER City 2,287.60 47241300004 800 S H ST- SOCCER FIELDS, 2" METER City 2,069.33 57241300003 JASPER PARK - 2" METER City 1,719.59
37241300005 800 S H ST- SOCCER FLD LOT, 2" METER City 1,706.80 77241300001 STURNACLE PARK - 2" METER City 1,416.77
71922200002 FIRE DIST - 2600 W MAIN ST, 2" METER Fire 1,012.58 84114100005 LANDSCP PROJ - E MAIN ST, 2" METER City 990.26 14719300007 1601 RIMROCK RD- 4" METER City 951.23
88114100006 CITY HALL - 220 MT VIEW, 3" METER City 863.75 79114100005 CORP YARD - 900 S H ST - 3" METER City 774.43 68114100008 FIRE DIST - 861 BARSTOW RD - 2" METER Fire 431.52 54742552323 OPAL @ RIMROCK RD- 2" METER City 251.47
OPAL @ RIMROCK RD- 2" METER City 107.77
48770971645 200' W OF MONTEREY- 1" METER City 264.71
38114100001 2001 1/2 TRINITY AVE - 2" METER City 252.39 73115873769 900 AVENUE H - 2" METER City 241.85
23400400000 2800 GUADALUPE DR,#D- 2" METER City 228.12
87241300000 DANA PARK EAST- 2" METER City 214.01
46792200001 2800 GUADALUPE DR,#C - 2" METER City 205.47 85260253449 MONTERREY @ STARLIGHT, 2" METER City 199.20 24728586686 DIAMOND AVE X VETERANS IRRIGATION City 133.00 45462902029 75' WEST OF HARVARD- 1" METER City 64.26
17893306674 100' W OF BROADWAY - 1" METER City 64.26

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 02, 2022

Page 1 of 9 ends

9.c
Packet Pg. 66
Attachment: 120222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 02, 2022
42590400000 2750 GUADALUPE DR - 5/8" METER City 24.90
07049000008 1320 BARSTOW MEDIAN 300 N, 1" METER City 21.44 29091421114 2800 FP GUADALUPE DR (A) METER Fire 14.16
07606215163 2800 FP GUADALUPE DR (B) METER Fire 14.16
89847 12/02/2022 011343 ATLAS ENVIRO ENGINEERING INC 350461A 2022/QT2 GAUGING/SAMPLING/DATA City 5,200.00 7,400.00 350461 2022/QT2 RESIDENTIAL REPORT City 2,200.00
89848 12/02/2022 011498 AUTOLIFT SERVICES INC 21917 ANNUAL LIFT CERTIFICATION City 2,480.00 2,480.00 89849 12/02/2022 011490 BARNES, MARK 112222 DEC 2022 RETIREE HEALTH REIMB Fire 600.00 600.00 89850 12/02/2022 000117 BARSTOW CHAMBER OF COMMERCE 10648 2023 MEMBERSHIP DUES City 2,000.00 2,000.00 89851 12/02/2022 000140 BARSTOW HUMANE SOCIETY 112922 DECEMBER 2022 PAYMENT City 22,212.83 22,212.83 89852 12/02/2022 000141 BARSTOW INDUSTRIAL SUPPLY CO. 58005 PARTS FOR BROKEN SPRINKLER -CITY HALL City 27.75 27.75 89853 12/02/2022 002044 DAPEER,ROSENBLIT & LITVAK LLP 20804 OCTOBER 2022 SERVICES City 4,429.90 5,374.90 OCTOBER 2022 SERVICES City 945.00
89854 12/2/2022 003916 ENVIRONMENTAL LOGISTICS M9862 DIESEL SPILL CLEAN UP City 530.16 530.16 89855 12/02/2022 011712 FLYERS ENERGY LLC CFS-3210171 OCT 16 - 31 FUEL -PD MEASURE Q City 1,975.34 22,645.42 OCT 16 - 31 FUEL -PD City 10,168.04
CFS-3201679 OCT 16 - 31 FUEL -FLEET MEASURE Q City 91.22 OCT 16 - 31 FUEL -FLEET City 5,519.09
CFS-3202118 OCT 16 - 31 FUEL -FIRE MEASURE Q City 539.01 OCT 16 - 31 FUEL -FIRE Fire 3,688.98
CFS-3202634 OCT 16 - 31 FUEL -WWTP City 663.74
89856 12/2/2022 012533 GIANT SERVICES INC. 6898 FIRE STATION ALERTING SYSTEM City 73,200.00 73,200.00 89857 12/02/2022 000740 HI DESERT ALARM & FIRE INC. P53787 SYSTEM UPGRADE FOGLESONG PARK City 1,800.00 1,800.00

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9.c
Packet Pg. 67
Attachment: 120222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 02, 2022
89858 12/02/2022 012817 HIGH DESERT SUPPORT SERVICES 60666113-R8-00985 OCT 2022 BASE OPERATIONS City 708,694.21 730,285.28 6066116-R8-00985 OCT 2022 MAILROOM SERVICES City 21,591.07 89859 12/02/2022 000927 LAW ENFORCEMENT MED SVCS INC 16782 PHLEBOTOMY MONTHLY ON CALL FEE City 2,725.00 2,725.00 89860 12/02/2022 012880 MAGNIFICENT JANITORIAL SERVICE 1205 11/16/22-11/30/22 JANITORIAL SERVICES City 2,400.00 2,400.00 89861 12/02/2022 012893 MCGREGOR SHOTT, INC. 2144 75TH MARKETING MATERIAL City 527.21 626.10 2145 75TH MARKETING MATERIAL City 98.89
89862 12/02/2022 001040 MERRELL-JOHNSON ENGINEERING IN E20223350 OCT 2022 ENGINEERING SVCS City 12,269.13 19,091.13 E20223352 OCT 2022 1ST AVE/BNSF CONSULTING City 4,922.50 2089187006 OCT 2022 TRACT 17713 PREP City 1,179.00
E20223355 OCT 2022 MS4 COMPLIANCE REVIEW City 412.50
E20223354 OCT 2022 SPANISH TRAIL AMENDMENT City 159.50
E20223353 OCT 2022 1ST AVE/BNSF/MOJAVE ENGINEERING City 148.50 89863 12/02/2022 012141 MESQUIT'S SUPPLY, LLC 00025711 JANITORIAL SUPPLIES City 703.44 703.44 89864 12/02/2022 010930 PAMCO INC. I-43306 EMERGENCY PUMP REPAIR City 16,428.17 16,428.17 89865 12/02/2022 001396 SAN BERNARDINO COUNTY OCTOBER 2022 1029 OCTOBER 2022 1029 City 68,960.57 71,135.26 OCTOBER 2022 1430 OCTOBER 2022 1430 City 1,948.99
OCTOBER 2022 1159 OCTOBER 2022 1159 City 225.70
89866 12/02/2022 004876 SHREDYOURDOCS.COM 11040 OCTOBER 2022 SHRED SERVICES City 96.00 96.00 89867 12/02/2022 012587 YUNEX, LLC 5610282273 OCT 2022 TRAFFIC SIGNAL MAINTENANCE City 1,065.00 1,958.00 5610281921 SEPT 2022 TRAFFIC SIGNAL MAINTENANCE City 765.00 5620041580 OCT 2022 TRAFFIC SIGNAL CALL OUTS City 128.00 89868 12/02/2022 011177 A & S ENGINEERING 11292022 BCAD-22-0071 REFUND -OVERPAYMENT City 469.90 683.31

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9.c
Packet Pg. 68
Attachment: 120222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 02, 2022
11292022a FIMP-22-0049 REFUND -OVERPAYMENT City 165.00
112922 BCAD-21-0050 REFUND -OVERPAYMENT City 48.41
89869 12/02/2022 012773 ALLIED UNIVERSAL SECURITY SRVC 13480350 OCT 2022 TRANSPORT OFFICERS City 11,221.88 11,221.88 89870 12/02/2022 003231 ARAMARK UNIFORM SERVICES 5880054240 MAT & MOP SERVICES -COMMUNITY CTR City 59.63 298.15 5880075628 MAT & MOP SERVICES -COMMUNITY CTR City 59.63 5880114009 MAT & MOP SERVICES -COMMUNITY CTR City 59.63 5880147009 MAT & MOP SERVICES -COMMUNITY CTR City 59.63 5880152349 MAT & MOP SERVICES -COMMUNITY CTR City 59.63 89871 12/02/2022 011972 CALIFORNIA BUILDING STANDARDS 112922 Q3/2022 BSASRF FEES City 355.50 355.50 89872 12/02/2022 010905 CAROLLO ENGINEERS FB29590 OCTOBER 2022 ENGINEERING SERVICES City 1,619.00 1,619.00 89873 12/02/2022 012757 CCI CHEMICAL 0409844-IN COOLING TOWER ANNUAL MAINTENANCE City 2,500.00 2,500.00 89874 12/02/2022 012860 CHARTER COMMUNICATIONS 8448410960085185 INFO TECH- T-1 INTERNET PROVIDER City 1,450.00 4,841.76 8448410960595878 SPORTSPARK EPL -SPORTSPARK SIDE City 520.00 8448410960560088 CITY SIDE CIRCUIT TO POOL City 402.08
8448410960546079 POOL CIRCUIT TO CITY SIDE City 402.08
8448410960551319 PARK AND REC TEEN CENTER WIFI City 367.97 8448410960402836 FIRE STA 361, 861 BARSTOW RD Fire 125.89 FIRE STA 361, 861 BARSTOW RD City 164.46
8448410960363442 HARVEY HOUSE - INTERNET/PHONE SVC City 266.48 8448410960057689 PROF FIRE ASSOCIATION - FIRE DIST Fire 110.65 PROF FIRE ASSOCIATION - FIRE DIST City 146.67
8448410960265639 CITY HALL - CABLE SERVICES City 216.08 8448410960402851 PUBLIC WORKS - CABLE SERVICES City 148.15 8448410960348054 POLICE DEPT- MONTHLY BROADBAND City 139.99 8448410960402893 PARK & REC - CABLE SERVICES City 131.86

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Packet Pg. 69
Attachment: 120222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 02, 2022
8448410960402869 SPORTSPARK - CABLE SERVICES City 129.18 8448410960402844 COMMUNITY CENTER - CABLE SERVICES City 120.22 89875 12/02/2022 012783 CLASSIC COLLISION HESPERIA 163004134 9105-PD PATROL CHARGER-LEFT REAR City 890.60 2,937.24 9105-PD PATROL CHARGER-LEFT REAR City 2,046.64
89876 12/02/2022 002205 COLANTUONO, HIGHSMITH & OCT2022 GENERAL SERVICES City 9,240.00 26,954.74 LABOR & EMPLOYMENT City 2,182.50
ADDITIONAL GENERAL SERVICES City 10,276.00
SUBPOENA MATTERS City 652.50
N. 1ST AVE PROPERTIES City 59.76
N. 1ST AVE PROPERTIES City 7.74
J. AVERY City 458.14
J. AVERY City 59.36
ARBITRATION HEARING Fire 45.00
GENERAL LITIGATION City 1,530.00
PITCHESS MOTION City 2,443.74
89877 12/2/2022 002831 COMMERCIAL TRANSPORTATION SRV 3833 CDL TRAINING -D. DELTON City 159.00 4,759.00 CDL TRAINING -D. DELTON City 4,600.00
89878 12/02/2022 012044 CORTECH ENGINEERING, A DXP CO 53290030 ANNUAL PUMP SERVICE -WWTP City 32,661.45 59,717.66 53290002 ANNUAL PUMP SERVICE -WWTP City 27,056.21
89879 12/02/2022 000459 DELOSS EQUIP RENTALS, T. E. 44957 FORKLIFT RENTAL -CORP YARD City 350.00 630.00 44958 FORKLIFT RENTAL -CORP YARD City 280.00
89880 12/02/2022 000468 DEPARTMENT OF CONSERVATION 112922 Q3/2022 SMI FEES City 1,573.10 1,573.10 89881 12/02/2022 011102 DIVISION OF STATE ARCHITECT 112922 Q3/2022 DSA FEES City 135.20 135.20 89882 12/02/2022 010362 ESGIL CORPORATION 82674 BSFB-22-0002 CONSULTANT REVIEW City 1,481.69 1,481.69 89883 12/02/2022 000591 FEDERAL EXPRESS CORPORATION 7-944-03663 11/03/22 SHIPPING SERVICES City 28.69 28.69 89884 12/2/2022 011764 FRONTIER COMMUNICATIONS OF CA 209-148-0720 INFORMATION TECHNOLOGY City 131.16 298.65 256-0216 PARK & REC City 77.57
256-1528 FINANCE FAX LINE City 46.51

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Packet Pg. 70
Attachment: 120222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 02, 2022
255-2047 POLICE DEPT - MELISSA ST ANNEX FAX City 43.41
89885 12/02/2022 012922 GATEHOUSE MEDIA CA HOLDINGS 0004844138 AUG 2022 RECRUITMENT ADS Fire 299.00 2,457.58 AUG 2022 RECRUITMENT ADS City 953.21
0005011726 OCT 2022 ADVERTISEMENTS City 1,205.37
89886 12/02/2022 001805 HDL COREN & CONE SIN021736 FY21/22 ACRF REPORTING City 695.00 695.00 89887 12/02/2022 011363 HIGH DESERT SIGNS 1805 NEW LOGO SIGN -COUNCIL CHAMBERS City 166.39 166.39 89888 12/02/2022 000804 IMPERIAL SPRINKLER SUPPLY INC. 5306872-00 MATERIAL FOR PARKS/OPEN SPACES City 1,256.10 1,406.37 5199644-00 PRESSURE REGULATORS -TRINITY LANDSCAPE City 150.27 89889 12/02/2022 002335 JACKSON LEWIS P.C. 8132806 OCTOBER 2022 E-ERMA City 16,767.00 20,071.25 8132799 OCTOBER 2022 NON ERMA City 2,912.25
8132809 OCTOBER 2022 NON ERMA City 392.00
89890 12/02/2022 012712 KONICA MINOLTA 41015295 CITY WIDE FLEET City 8,556.78 8,556.78 89891 12/02/2022 012486 LANAIR GROUP, LLC 67405 NETWORK/SERVER/INFRASTRUCTURE REFRESH City 8,124.45 71,744.28 NETWORK/SERVER/INFRASTRUCTURE REFRESH City 19,972.61
NETWORK/SERVER/INFRASTRUCTURE REFRESH City 8,462.96
NETWORK/SERVER/INFRASTRUCTURE REFRESH City 8,575.81
67406 NETWORK/SERVER/INFRASTRUCTURE REFRESH City 4,415.48 NETWORK/SERVER/INFRASTRUCTURE REFRESH City 10,854.72
NETWORK/SERVER/INFRASTRUCTURE REFRESH City 4,599.46
NETWORK/SERVER/INFRASTRUCTURE REFRESH City 4,660.79
67528 LANAIR BDR YEARLY MAINTENANCE City 976.66
LANAIR BDR YEARLY MAINTENANCE City 1,101.34
89892 12/02/2022 010978 LENDWAY, JUSTIN 112822 PARAMEDIC LICENSE RENEWAL Fire 320.00 320.00 89893 12/02/2022 000961 LIEBERT, CASSIDY & WHITMORE 228942 OCT 2022 LEGAL SERVICES City 179.50 179.50 89894 12/02/2022 001020 MGT OF AMERICA, LLC 47139 FY23/QT1 SB90 CLAIMS City 750.00 750.00

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Packet Pg. 71
Attachment: 120222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 02, 2022
89895 12/2/2022 001166 OSBORNE PIPE & SUPPLY INC, G A 101-34540 CONCRETE BOXES City 171.71 171.71 89896 12/02/2022 012772 PALICON GROUP 1103 OFFICER BACKGROUND - JARA City 2,000.00 2,000.00 89897 12/02/2022 011032 PARS 51739 SEPTEMBER 2022 PARS FEES City 596.97 596.97 89898 12/02/2022 012262 PLACEWORKS INC 80223 OCT 2022 PLANNING CONSULTANT City 40,675.42 40,675.42 89899 12/02/2022 004305 PLUMBERS DEPOT INC. PD-52415 REBUILD KIT FOR JETTER PUMP City 3,327.85 3,327.85 89900 12/02/2022 002692 PROFORCE LAW ENFORCEMENT 499815 SIG LE P320F 9MM PRO N/S 17RD W/ROMEO City 19,109.77 35,034.58 499927 SIG LE P320CA 9MM PRO N/S 17RD City 15,924.81
89901 12/02/2022 000409 SAN BERNARDINO, COUNTY OF 2022-0023pt NEW ACCOUNT FOR UB DELINQUENT ACCOUNTS City 160.00 160.00 89902 12/02/2022 004125 SBCERA 112222 10/30/22-11/11/22 RETIREMENT -FIRE Fire 58,539.30 58,539.30 89903 12/02/2022 012697 SDJS EVENTS 20220818-02 EMPLOYEE HOLIDAY CELEBRATION City 1,500.00 1,500.00 89904 12/02/2022 012927 SEALMASTER BAKERSFIELD 66418 MASTIC MACHINE City 90,567.47 90,567.47 89905 12/02/2022 003351 SIERRA CONCRETE PUMPING 15256 CONCRETE PUMPER -STURNACLE City 632.00 1,179.50 15249 CONCRETE PUMPER -STURNACLE City 547.50
89906 12/02/2022 001447 SILVER VALLEY PROPANE, INC. 45564 MCLB PROPANE SERVICES City 1,038.56 6,491.33 45899 MCLB PROPANE SERVICES City 767.10
45895 MCLB PROPANE SERVICES City 707.56
45896 MCLB PROPANE SERVICES City 491.72
45566 MCLB PROPANE SERVICES City 490.00
45567 MCLB PROPANE SERVICES City 490.00
45919 MCLB PROPANE SERVICES City 366.52
45889 MCLB PROPANE SERVICES City 343.25
45583 MCLB PROPANE SERVICES City 331.24

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9.c
Packet Pg. 72
Attachment: 120222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 02, 2022
45939 MCLB PROPANE SERVICES City 316.54
45938 MCLB PROPANE SERVICES City 170.77
45908 MCLB PROPANE SERVICES City 169.54
45921 MCLB PROPANE SERVICES City 167.34
45924 MCLB PROPANE SERVICES City 157.05
45565 MCLB PROPANE SERVICES City 143.33
45891 MCLB PROPANE SERVICES City 139.90
45911 MCLB PROPANE SERVICES City 98.49
45568 MCLB PROPANE SERVICES City 62.97
45937 MCLB PROPANE SERVICES City 39.45
89907 12/02/2022 011058 SONSRAY MACHINERY LLC SWO016925 7571-WASTEWATER CASE TRACTOR-FRONT DIFF City 1,792.00 3,352.02 Freight City 100.66
7571-WASTEWATER CASE TRACTOR-FRONT DIFF City 1,459.36
89908 12/02/2022 001476 SOUTHERN CALIFORNIA EDISON CO 700135793576 8001598767 -DANA PARK BUILDING City 5,411.54 14,645.76 8001626902 -LILLIAN PARK BALLFIELD City 234.69
8001636309 -72 FLORA-G City 7,008.53
8001636509 -72 H NANCY BALLFIELD City 35.42
8001638603 -JASPER PARK BUILDING City 33.83
8002055287 -VETERANS PKWY SPKLR City 56.17
700367050468 VARIOUS TRAFFIC SIGNALS City 1,612.07
700350507019 HARVEY HOUSE- 685 N 1ST AVE #E City 19.14
HARVEY HOUSE - 685 N 1ST AVE #F City 103.20
HARVEY HOUSE - 685 N 1ST AVE #C City 13.85
8002216730 HARVEY HOUSE- 685 N 1ST AVE #D City 82.79
700499146381 800 BARSTOW RD -TENNIS COURTS City 22.60
8004459516 HARVEY HOUSE - 685 N 1ST AVE City 11.93
89909 12/02/2022 001482 SOUTHWEST GAS CORP. 910000784754 CORPORATION YARD City 765.80 2,856.04 910000625179 HARVEY HOUSE- 685 N 1ST AVE City 543.98
910000105833 CITY HALL City 505.89
910000543236 FIRE DIST361 - 861 BARSTOW RD Fire 373.95

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9.c
Packet Pg. 73
Attachment: 120222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 02, 2022
910000625294 FIRE DIST 363 - 2600 W MAIN ST Fire 222.48 910000769274 PD ANNEX -500 MELISSA City 182.87
910000543237 COMMUNITY CENTER City 139.04
910000001867 WWTP- 2200 RIVERSIDE DR City 37.32
910000625200 SPORTSPARK UNIT #1 City 25.01
910000345965 JASPER FIRE DEPT BUILDING City 13.70
910000107299 FOGLESONG PARK BUILDING City 12.00
910000561911 JASPER PARK BUILDING City 12.00
910000303011 DANA PARK BUILDING City 11.00
910000625197 SPORTSPARK City 11.00
89910 12/02/2022 012175 UNIFIRST CORPORATION 3251870760 UNIFORM SERVICES -WWTP City 154.06 260.13 3251868197 UNIFORM SERVICES -WWTP City 106.07
89911 12/02/2022 001662 VULCAN MATERIALS COMPANY 73368338 ASPHALT MIX City 1,443.25 2,559.68 73419847 ASPHALT MIX City 775.43
73378443 ASPHALT MIX City 341.00
89912 12/02/2022 012843 WEST COAST SAND & GRAVEL, INC. 556875 DRYING BED REPLACEMENT SAND City 822.50 822.50 AGENCY TOTAL 1,514,513.07 1,514,513.07
City 1,448,715.40
Fire 65,797.67
Successor Agency -
1,514,513.07

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9.c
Packet Pg. 74
Attachment: 120222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total 847 12/09/2022 001478 GOLDEN STATE WATER COMPANY 39285400006 LNWD RD/HIGHPOINT LANDSC- 2" METER City 398.40 799.42 06232234572 453 AVENUE A - 2" METER City 139.44
453 AVENUE A - 2" METER City 59.76
83651831634 TRUCK FILL - 2200 W MAIN ST, 2" METER City 77.81 TRUCK FILL - 2200 W MAIN ST, 2" METER City 33.34
70323100001 LOVATO AVE X NELSON LANDSCAPE City 90.67
848 12/09/2022 001257 PUBLIC EMP RETIREMENT SYSTEM 100000017000765 DEC 2022 HEALTH INSURANCE -CITY City 118,484.06 118,484.06 849 12/09/2022 001257 PUBLIC EMP RETIREMENT SYSTEM 100000017000778 DEC 2022 HEALTH INSURANCE -FIRE Fire 26,423.76 26,423.76 89913 12/09/2022 000027 ADAMSON POLICE PRODUCTS INV386345 SRT BALLISTIC VESTS City 42,623.48 42,623.48 89914 12/09/2022 003668 CRAFCO INC 9402832453 GASKETS FOR CRACK SEAL MACHINE City 45.27 45.27 89915 12/09/2022 003363 D'ANDREA, PETER 120522 11/13/22 - 11/26/22 ADPP PAYMENT City 1,947.64 3,895.28 12052022 11/27/22 - 12/10/22 ADPP PAYMENT City 1,947.64 89916 12/09/2022 002044 DAPEER,ROSENBLIT & LITVAK LLP 20805 OCT 2022 CITY PROSECUTOR City 1,193.56 1,193.56 89917 12/09/2022 000865 DOS COSTAS COMMUNICATIONS CORP 22110046 NOVEMBER 2022 ADS City 1,500.00 1,500.00 89918 12/09/2022 004284 ENTERPRISE FLEET MANAGEMENT DEC2022 MONTHLY LEASE GENERAL FUND City 9,358.76 27,804.00 MONTHLY LEASE POLICE City 6,226.28
MONTHLY LEASE MEASURE Q City 8,208.00
MONTHLY LEASE FIRE MEASURE Q City 1,445.46
MONTHLY LEASE FIRE Fire 54.84
MONTHLY LEASE WASTEWATER City 2,510.66
89919 12/09/2022 010834 FASTENAL CAVIC86083 SHOP SUPPLIES -WWTP City 562.90 562.90 89920 12/09/2022 011712 FLYERS ENERGY LLC CFS-3230831 NOV 01-15 FUEL -PD MEASURE Q City 1,433.57 34,471.74 NOV 01-15 FUEL -PD City 7,978.51
CFS-3244905 NOV 16-30 FUEL -PD MEASURE Q City 1,077.44
NOV 16-30 FUEL -PD City 6,841.26
CFS-3239142 NOV 16-30 FUEL -FLEET MEASURE Q City 191.91 NOV 16-30 FUEL -FLEET City 4,565.39

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 09, 2022

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Packet Pg. 75
Attachment: 120922 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 09, 2022
CFS-3225352 NOV 01-15 FUEL -FLEET MEASURE Q City 97.81
NOV 01-15 FUEL -FLEET City 4,652.58
CFS-3239143 NOV 16-30 FUEL -FIRE MEASURE Q City 239.33
NOV 16-30 FUEL -FIRE Fire 3,488.36
CFS-3225526 NOV 01-15 FUEL -FIRE MEASURE Q City 299.32
NOV 01-15 FUEL -FIRE Fire 2,501.35
cfs-3225739 NOV 01-15 FUEL -WWTP City 645.40
CFS-3239136 NOV 16-30 FUEL -WWTP City 459.51
89921 12/09/2022 003474 GARDA CL WEST INC. 10716613 DEC 2022 BANK TRANSPORT City 810.24 810.24 89922 12/09/2022 000740 HI DESERT ALARM & FIRE INC. R87177 HD15053 HH MAIN AREA -DEC 2022 City 97.00 361.00 HD15054 HH STE 66 -DEC 2022 City 31.00
HD15055 HH FAA -DEC 2022 City 15.00
HD15056 500 MELISSA -DEC 2022 City 30.00
HD15057 2800 MAYOR KATY -DEC 2022 City 10.00
HD15058 CORP YARD -DEC 2022 City 43.00
HD15059 HH TRAIN -DEC 2022 City 31.00
HD15060 YOUTH SNACKBAR-DEC 2022 City 32.00
HD15061 ADULT SNACKBAR -DEC 2022 City 32.00
HD15062 HH PAL CENTER-DEC 2022 City 40.00
89923 12/09/2022 012817 HIGH DESERT SUPPORT SERVICES 6066294-r8-00985 10/03/22 - 10/16/22 ANNEX H BASE OPS City 187,339.79 275,010.99 6066487-r8-00985 10/03/22 - 10/16/22 ANNEX J BASE OPS City 87,671.20 89924 12/09/2022 003791 INCONTACT 7202235 10/21/22 - 11/20/22 LONG DIST. SVCS City 374.83 374.83 89925 12/09/2022 000927 LAW ENFORCEMENT MED SVCS INC 16837 PHLEBOTOMY ON CALL FEE City 1,265.00 1,265.00 89926 12/09/2022 011345 NAILON, JASON 0000369 FSPK-22-0029 FIRE REVIEW City 255.00 1,317.50 0000366 FSPK-22-0023 FIRE REVIEW City 212.50
0000367 FSPK-22-0024 FIRE REVIEW City 212.50
0000368 FSPK-22-0026 FIRE REVIEW City 212.50
0000365 FSPK-22-0022 FIRE REVIEW City 212.50
0000364 FSPK-22-0027 FIRE REVIEW City 212.50

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Packet Pg. 76
Attachment: 120922 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 09, 2022
89927 12/09/2022 011608 NURSERY PRODUCTS LLC 34248 OCT 2022 -CPI RETRO BILLING City 3,679.57 3,679.57 89928 12/09/2022 001229 PHOENIX GROUP 102022121 OCT 2022 PARKING CITE PROCESSING City 150.00 150.00 89929 12/09/2022 004206 ROSS, RICHARD 120122 DEC2022 INSURANCE REIMBURSEMENT Fire 600.00 600.00 89930 12/09/2022 012632 SPECPRO PROFESSIONAL SERVICES INV-0001957107 10/28/22 - 11/27/22 ANIMAL CONTROL City 39,040.00 39,040.00 89931 12/09/2022 001621 UNDERGROUND SERVICE ALERT 820220041 SEPT 2022 UTILITY NOTIFICATION City 256.75 587.73 920220044 OCT 2022 UTILITY NOTIFICATION City 192.00
22-2300473 SEPT 2022 REGULATORY FEES City 69.49
22-2300889 OCT 2022 REGULATORY FEES City 69.49
89932 12/09/2022 011210 2 HOT ACTIVEWEAR 4876 UNIFORMS - J. RUSSELL City 900.00 900.00 89933 12/09/2022 003229 AFLAC 599062 NOV 2022 VOLUNTARY INSURANCE City 1,083.46 1,083.46 89934 12/09/2022 012742 AMERICAN BUSINESS BANK 11 PACIFIC HYDRO TECH RETENTION INV #11 City 6,201.60 6,201.60 89935 12/09/2022 003656 BABCOCK LABORATORIES INC CK22081-0032 OCT 2022 MCLB LAB SERVICES City 1,164.56 1,942.48 CK22082-0032 PERMIT REQUIRED SAMPLING City 777.92
89936 12/09/2022 012912 BADGE FRAME, INC. 40189 RECOGNITION PLAQUES City 353.29 353.29 89937 12/09/2022 010980 BAY CITY ELECTRIC WORKS W267718 NOV 2022 BACK UP GENERATOR SVCS City 1,806.18 1,806.18 89938 12/09/2022 012859 BIG SKY ELECTRIC INC 22-030-01 IRRIGATION PUMP CONTROL PANELS REBUILD City 55,600.00 55,600.00 89939 12/09/2022 000186 BIO-TOX LABORATORIES 43552 LAB SCREENING SERVICE City 1,036.00 1,036.00 89940 12/09/2022 002177 BURRTEC WASTE INDUSTRIES INC. NOV2022 NOV 222 ORGANICS PROCESSING City 5,748.08 5,748.08 89941 12/09/2022 012871 CAL-STATE AUTO PARTS, INC. 951748 REAR BRAKES FOR STOCK City 423.39 615.52

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Packet Pg. 77
Attachment: 120922 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 09, 2022
234398 CAR BATTERY -PD UNIT 9112 City 124.85
234396 FILTERS FOR STOCK City 35.37
235498 FILTERS FOR STOCK City 31.91
89942 12/09/2022 012581 CENTURION COIN AND EMBLEM 22-11-010 SRO EPAULETS City 91.20 91.20 89943 12/09/2022 012860 CHARTER COMMUNICATIONS 8448410960595902 EPL PD ANNEX TO PD BUILDING City 524.00 3,889.93 8448410960595894 EPL PD BUILDING TO PD ANNEX City 524.00 8448410960595886 SPORTSPARK EPL -CITY SIDE City 520.00
8448410960560070 CORP YARD CIRCUIT -CITY HALL SIDE City 504.24 8448410960545873 CORP YARD TO CITY HALL FIBER CONNECTION City 504.24 8448410960563033 PEG CHANNEL 6 -SPECTRUM SIDE City 436.58 8448410960545865 CITY HALL TO FIRE 3 CIRCUIT City 402.08 8448410960545915 FIRE 3 TO CITY HALL CIRCUIT City 402.08 8448410960402828 POLICE DEPT - CABLE SERVICES City 72.71 89944 12/09/2022 000400 COUNSELING TEAM, THE 84371 NOV 2022 EMPLOYEE SUPPORT City 75.00 300.00 NOV 2022 EMPLOYEE SUPPORT City 150.00
NOV 2022 EMPLOYEE SUPPORT Fire 75.00
89945 12/09/2022 000248 CT SALES DISCOUNT AUTO PARTS 156260-1 FRONT STRUTS -PD 9103 City 440.79 1,602.42 157638-1 FRONT STRUTS -PD 9104 City 440.79
157150-1 TRANSMISSION OIL City 275.83
156729-1 ROTORS/HEADLIGHTS City 225.96
156637-1 FILTERS/WIPERS City 152.47
156179-1 DECAL REMOVAL TOOL City 66.58
89946 12/09/2022 012823 DELTA ELECTRIC LLC 2 GENERATOR REPLACEMENT FS363 City 6,499.90 6,499.90 89947 12/09/2022 000476 DEPARTMENT OF JUSTICE 615262 OCT 2022 FINGERPRINTS City 388.00 838.00 OCT 2022 FINGERPRINTS City 256.00
OCT 2022 FINGERPRINTS City 162.00

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Packet Pg. 78
Attachment: 120922 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 09, 2022
OCT 2022 FINGERPRINTS City 32.00
89948 12/09/2022 000500 DESERT VALLEY MEDICAL GROUP 12037 PRE-EMPLOYMENT PHYSICAL City 96.00 96.00 89949 12/09/2022 000591 FEDERAL EXPRESS CORPORATION 7-951-022038 11/9/22 SHIPPING SERVICES City 37.06 37.06 89950 12/09/2022 011379 FERGUSON ENTERPRISES, LLC 149774 SUMP PUMP PIPE GALLERY City 1,846.58 1,846.58 89951 12/09/2022 011819 FIDELITY SECURITY LIFE 165549260 DECEMBER 2022 VISION INSURANCE City 1,420.37 1,420.37 89952 12/09/2022 011764 FRONTIER COMMUNICATIONS OF CA 209-190-0052-041597 FIRE DIST- 861 BARSTOW RD Fire 1,609.53 3,172.68 256-2211 POLICE DEPT City 548.80
256-7571 DISASTER PREP City 319.61
256-1750 COMPUTER ROOM FAX City 142.90
256-6740 PD NON EMERGENCY LINE City 127.15
209-148-0922-061587 CORPORATION YARD City 84.64
256-7340 HENDERSON POOL City 70.82
256-2069 HARVEY HOUSE - DEDICATED LINE City 59.62
252-8789 SPORTSPARK - SNACK BAR City 56.04
256-3213 PUBLIC WORKS FAX LINE City 52.91
256-0369 PARK MAINTENANCE FAX LINE City 50.33
256-8749 FLEET City 50.33
89953 12/09/2022 004230 GUARDIAN DEC 2022 LIFE City 14,979.87 14,979.87 89954 12/09/2022 011025 HALSEY, DANIEL JAMES 120522 DJ HH TREE LIGHTING EVENT City 500.00 500.00 89955 12/09/2022 011697 HIGH DESERT LASER GRAPHICS 50907 PROCLAMATION -SILVA City 135.94 135.94 89956 12/09/2022 000763 HINDERLITER, DE LLAMAS & ASSOC SIN023312 OCT - DEC 2022 MEAS Q SALES TAX City 3,401.41 3,401.41 89957 12/09/2022 012704 INSURANCE COMPANY, COLONIAL LIFE & ACCIDENT 57110641104283 NOV 2022 COLONIAL INSURANCE City 2,535.78 2,535.78

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Packet Pg. 79
Attachment: 120922 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 09, 2022
89958 12/09/2022 004141 LIFE ASSIST INC. 1269606 OPEN PO FOR MEDICAL SUPPLIES City 2,496.76 4,565.20 1267453 OPEN PO FOR MEDICAL SUPPLIES City 2,006.08
1247842 OPEN PO FOR MEDICAL SUPPLIES City 62.36
89959 12/09/2022 000391 LOMA LINDA CHILDREN'S HOSPITAL 120622 FY22/23 MEMBERSHIP RENEWAL City 5,000.00 5,000.00 89960 12/09/2022 003541 LOS DOMINGOS 32587 2022 HOLIDAY PARTY City 3,744.38 4,239.38 120722 2022 HOLIDAY PARTY City 495.00
89961 12/09/2022 011846 MARTINEZ, JESUS 120122 FMSC-22-0016 PERMIT REFUND City 150.00 150.00 89962 12/09/2022 001103 NAPA AUTO PARTS OF BARSTOW 844474 FILTERS FOR STOCK City 307.98 663.88 843644 BRAKE PART CLEANER City 126.67
84370 BACK UP ALARMS -UNIT 8637 City 71.91
844265 CAR BATTERY -7551 City 61.16
843967 TRANSMISSION FLUID Fire 58.17
844687 MOTOR OIL -PD UNIT 9116 City 37.99
89963 12/09/2022 003575 PACIFIC HYDROTECH CORP 11 NOV 2022 AEROBIC DIGESTER PROJECT City 117,830.40 117,830.40 89964 12/09/2022 012951 PANDA RESTAURANT GROUP 120622 CWMP DEPOSIT REFUND BCOM-21-0006 City 8,152.60 8,152.60 89965 12/09/2022 001234 PITNEY BOWES, INC. 120522 POSTAGE METER REFILL City 5,240.78 5,240.78 89966 12/09/2022 001234 PITNEY BOWES, INC. 3105813999 11/30/22 - 12/29/22 POSTAGE METER LEASE City 815.33 815.33 89967 12/09/2022 002663 PRINTING SOLUTIONS 7818 EMPLOYEE BUSINESS CARDS -PD City 28.28 28.28 89968 12/09/2022 001300 REGISTRAR OF VOTERS 3236 CANDIDATE STATEMENT 11/8/22 City 720.00 720.00 89969 12/09/2022 003866 ROBERTSON'S 184287 CONCRETE FOR STURNACLE PARK City 1,324.00 1,324.00

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Packet Pg. 80
Attachment: 120922 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 09, 2022
89970 12/09/2022 001367 SAN BERNARDINO CO GA DUES 23-03 FY22/23 GENERAL ASSESSMENTS DUES City 9,149.00 9,149.00 89971 12/09/2022 000814 SAN BERNARDINO COUNTY 27908 OCT 2022 CPU/DISPATCH RADIOS -PD City 7,750.11 10,360.35 27922 OCTOBER 2022 RADIO ACCESS MAINTENANCE Fire 2,610.24 89972 12/09/2022 001853 SAN BERNARDINO COUNTY 22-322322 NOV 22/810 NANCY/GONZALEZ/LIEN RELEASE City 20.00 40.00 NOV 22/620 STARLIGHT/CHAVEZ/LIEN RELEASE City 20.00
89973 12/09/2022 000409 SAN BERNARDINO, COUNTY OF OCTOBER2022 OCT 2022 COUNTY COURT FEES City 391.50 391.50 89974 12/09/2022 004125 SBCERA 120622 11/13/22 - 11/26/22 RETIREMENT -FIRE Fire 64,466.04 64,466.04 89975 12/09/2022 001447 SILVER VALLEY PROPANE, INC. 157359 MCLB PROPANE SERVICES City 932.72 6,111.57 157357 MCLB PROPANE SERVICES City 617.16
157353 MCLB PROPANE SERVICES City 581.14
157358 MCLB PROPANE SERVICES City 459.87
157365 MCLB PROPANE SERVICES City 457.91
157362 MCLB PROPANE SERVICES City 445.66
46052 MCLB PROPANE SERVICES City 407.44
46062 MCLB PROPANE SERVICES City 331.73
46054 MCLB PROPANE SERVICES City 318.01
157364 MCLB PROPANE SERVICES City 227.85
157363 MCLB PROPANE SERVICES City 219.52
157354 MCLB PROPANE SERVICES City 196.00
46047 MCLB PROPANE SERVICES City 195.51
46104 MCLB PROPANE SERVICES City 190.61
46049 MCLB PROPANE SERVICES City 182.53
157355 MCLB PROPANE SERVICES City 152.88
157361 MCLB PROPANE SERVICES City 111.97

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Packet Pg. 81
Attachment: 120922 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 09, 2022
46109 MCLB PROPANE SERVICES City 59.78
46108 MCLB PROPANE SERVICES City 23.28
89976 12/09/2022 001476 SOUTHERN CALIFORNIA EDISON CO 700115828855 CONDOR/FALCOM STREET LIGHTS City 15,217.54 31,096.20 700148111364 8003543569 -CITY HALL City 6,919.93
8003544795 -900 S AVE H / CORP YARD City 1,215.23
8003555384 -72 BARTOW & RIMROCK City 37.73
8000832361 -72 MAIN & ROBERTA City 46.26
8000832580 -72 CAL & MAIN SIGNALS City 83.71
8000832821 -W MAIN & I15 SIGNALS City 43.58
8004570139 -2802 LENWOOD RD SIGNAL City 114.49
8000293590 -750 E RIMROCK SIGNALS City 24.01
8000753289 -920 E RIMROCK SIGNALS City 24.01
8002032248 -1201 MURIEL, LS3 City 18.45
8003080592 -2800 MAYOR KATY PKWY City 2,211.27
8001123488 -2218 MURIEL AVE City 16.56
700135793576 8001598767 -DANA PARK BUILDING City 433.50 8001626902 -LILLIAN PARK BALLFIELD City 190.86
8001627091 -LILLIAN PARK SNACKBAR City 14.93
8001636309 -72 FLORA-G City 1,383.11
8001636509 -72 H NANCY BALLFIELD City 10.75
8001638603 -JASPER PARK BUILDING City 20.06
8001639065 -JASPER PARK City 13.57
8001639794 -500 H ST SOCCER FIELDS City 14.93
8001650319 -K STREET PARK City 14.53
8001651058 -H STREET PARK City 13.57
8002055287 -VETERANS PKWY SPKLR City 14.69
700629301587 STRINGHAM PARK City 1,400.35
700611940409 3603 W MAIN ST #B City 391.67
700238839811 RIVERSIDE @ YUCCA LIGHTS City 183.85
700497948736 K STREET PARK City 155.01
700010111484 1002 E ARMORY RD City 77.59
1082 L STREET City 61.60
700158829056 24899 MAIN ST- SIGNAL City 68.52
2846 LENWOOD RD - LIGHT GS-1 City 66.69
700612086111 3603 W MAIN ST - SIGNAL City 97.74
700497722202 FOGLESONG PARK City 90.56
700073416819 VARIOUS STREET LAMPS- LENWOOD RD City 77.59 700334574868 STREET LAMP- 1082 L STREET TC-1 City 64.18

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Packet Pg. 82
Attachment: 120922 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 09, 2022
700496467464 DANA PARK -UPPER LIGHTS City 53.86
700496432001 DANA PARK - PARKING LOT LAMPS City 49.03
700497829003 STURNACLE PARK City 42.76
700310255049 553 W. MAIN ST/B HILL LIGHTS City 33.39
700497876792 JASPER PARK City 25.94
700497624592 LILLIAN PARK City 22.44
700496300039 DANA PARK - STREET LAMPS City 21.76
700497920343 SOCCER FIELDS -500 H ST City 14.40
89977 12/09/2022 001862 TERMINIX PROCESSING CENTER 426514625 OCT 2022 PEST CTL -PD ANNEX City 68.00 68.00 89978 12/09/2022 012666 THE ECOHERO SHOW LLC 2120 ECOHERO SHOWS AT LENWOOD ELEMENTARY City 1,200.00 1,200.00 89979 12/09/2022 001235 THE PIN CENTER 1122086 NEW CITY LOGO PINS City 1,342.00 1,342.00 89980 12/09/2022 012175 UNIFIRST CORPORATION 3251860471 MCLB UNIFORM SERVICES City 6,952.82 11,670.80 3251868226 MCLB UNIFORM SERVICES City 1,151.61
3251860472 MCLB UNIFORM SERVICES City 999.00
3251863031 MCLB UNIFORM SERVICES City 984.48
3251865607 MCLB UNIFORM SERVICES City 715.82
3251870788 MCLB UNIFORM SERVICES City 694.48
3251873339 UNIFORM SERVICES -WWTP City 172.59
89981 12/09/2022 001623 UNITED PARCEL SERVICE 0000974173472 REPLENISH ACCOUNT 974173 City 350.00 350.00 89982 12/09/2022 012932 VALENTINE, DIANE LYNN 120622 HOLIDAY CARD MAKING CLASS City 600.00 600.00 89983 12/09/2022 001662 VULCAN MATERIALS COMPANY 73489962 ASPHALT FOR RESTOCK City 1,505.26 1,505.26 89984 12/09/2022 003830 WEST COAST LIGHTS & SIRENS, IN 23478 WINDOW GUARDS FOR PD UNIT City 246.21 246.21

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Packet Pg. 83
Attachment: 120922 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW / BARSTOW FIRE PROTECTION DISTRICT / SUCCESSOR AGENCY VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 09, 2022
89985 12/09/2022 004137 WESTERN EXTERMINATOR CO. 28516354 NOV 2022 PEST CONTROL -FS361 Fire 82.30 147.70 28516355 NOV 2022 PEST CONTROL -FS366 Fire 65.40
AGENCY TOTAL 985,108.56 985,108.56
City 883,073.57
Fire 102,034.99
Successor Agency -
985,108.56

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9.d
Packet Pg. 84
Attachment: 120922 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total 850 12/23/2022 001478 GOLDEN STATE WATER COMPANY 05114100000 681 N 1ST AVE - 2" METER City 768.97 3,645.49 19513100008 500 MELISSA AVE- 2" METER City 660.10
33365634030 MURIEL DR @ BROADWAY AVE IRR City 341.22
20538369305 MELISSA @ E WMS - 2" METER City 224.13
MELISSA @ E WMS - 2" METER City 96.05
24374565778 LENWOOD RD & MAIN ST IRR - 2" METER City 285.72 85149400005 LENWOOD RD X SERRANO DR - 2" METER City 277.75 14658448023 WWTP- 2200 RIVERSIDE DR, 2" METER City 233.79 73808907999 WWTP- 2200 RIVERSIDE DR, 2" METER City 231.52 54742552323 OPAL @ RIMROCK RD- 2" METER City 157.68
OPAL @ RIMROCK RD- 2" METER City 67.58
39449422623 LENWOOD RD @ W MAIN - 1" METER City 94.42
LENWOOD RD @ W MAIN - 1" METER City 94.41
36921100008 1801 E MAIN ST City 62.35
07939100009 FIRE DIST- 29780 HWY 58 Fire 49.80
89986 12/22/2022 002064 A 2 Z LOCK & SECURITY 22387 DEC 2022 MAINTENANCE AGREEMENT City 166.60 1,000.00 DEC 2022 MAINTENANCE AGREEMENT City 166.60
DEC 2022 MAINTENANCE AGREEMENT City 166.60
DEC 2022 MAINTENANCE AGREEMENT City 166.60
DEC 2022 MAINTENANCE AGREEMENT City 166.60
DEC 2022 MAINTENANCE AGREEMENT Fire 167.00
89987 12/22/2022 004142 ALLSTAR FIRE EQUIPMENT 244159 FIT TEST REPORT FOR FIRE APPARATUS Fire 35.00 35.00 89988 12/22/2022 011651 BOURGEOIS, NICOLE 121922 DECEMBER 2022 CHEER City 665.00 665.00 89989 12/22/2022 003877 CAPITAL ONE BANK 0009805854 2022 FIRE PENSION PAYMENT City 114,081.73 114,081.73 89990 12/22/2022 002196 COAST FITNESS REPAIR SHOP 83329 ELLIPTICAL City 6,278.14 8,373.19 82974 ELLIPTICAL City 2,095.05
89991 12/22/2022 000590 FARMER BROTHERS CO 90302631 COFFEE Fire 164.70 164.70 89992 12/22/2022 003474 GARDA CL WEST INC. 20548286 NOV 2022 EXCESS PREMISES TIME City 13.92 13.92 89993 12/22/2022 012533 GIANT SERVICES INC. 6919 WWTP WIFI / ELECTRICAL City 29,618.00 39,378.00

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 22, 2022

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Packet Pg. 85
Attachment: 122222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 22, 2022
6920 GIANT SERVICES STATION ALERTING AGENDA City 9,760.00 89994 12/22/2022 000696 H & B REFRIGERATION & SVC. CO. 40178 AIR HANDLER EVAL -COMMUNITY CTR City 201.15 358.65 38374 ICE MACHINE EVAL -SPORTSPARK City 157.50
89995 12/22/2022 012817 HIGH DESERT SUPPORT SERVICES 6066616-R8-00985 NOV 2022 BASE OPERATIONS City 708,694.21 1,021,692.83 6066539-R8-00985 101722-103022 ANNEX H BASE OPS City 194,172.07 6066540-R8-00985 101722-103022 ANNEX J BASE OPS City 97,235.48 6066593-R8-00985 NOV 2022 MAIL ROOM SERVICES City 21,591.07 89996 12/22/2022 012880 MAGNIFICENT JANITORIAL SERVICE 0011 12/01/22-12/14/22 JANITORIAL SVCS City 2,400.00 2,400.00 89997 12/22/2022 004143 MCNELIS, JOHN NOV2022 NOV 2022 HEALTH INSURANCE REIMB Fire 600.00 1,200.00 DEC2022 DEC 2022 HEALTH INSURANCE REIMB Fire 600.00
89998 12/22/2022 001040 MERRELL-JOHNSON ENGINEERING IN E202223410 NOV 2022 CONSULTING SERVICES City 7,678.00 12,013.38 E20223411 NOV 2022 1ST VA/BNSF CONSULTING City 4,335.38 89999 12/22/2022 012836 NETSY TREATS, INC. BAR-05 COFFEE -PW/CH/WWTP City 176.00 624.39 COFFEE -PW/CH/WWTP City 113.05
COFFEE -PW/CH/WWTP City 335.34
90000 12/22/2022 011608 NURSERY PRODUCTS LLC 34625 NOV 2022 HAULING/DISPOSAL -BIOSOLIDS City 16,679.91 16,679.91 90001 12/22/2022 004876 SHREDYOURDOCS.COM 11155 NOV 2022 SHRED SERVICES City 96.00 96.00 90002 12/22/2022 003194 U.S. BANK CORPORATE 6214 AMZN MKTP US City 310.44 55,984.03 O'REILLY AUTO PARTS 2794 City 221.20
PETE'S ROAD SERVICE, INC City 551.67
A-ONE CYCLE City 285.46
TOYOTA MOJAVE TOYOTA City 160.95
TOYOTA MOJAVE TOYOTA City 62.99
BARSTOW TOWING City 65.00
BRAKE SYSTEMS INC Fire 220.50
MIDLAND City 411.72
TOYOTA MOJAVE TOYOTA City 623.83
MIDAS AUTO SERVICE EXPERT City 299.98
MOMAR, INC City 234.36
AMERICAN TOWING & RECOVER City 87.28
MIKES AUTO SERVICE City 41.75

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Packet Pg. 86
Attachment: 122222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 22, 2022
O'REILLY AUTO PARTS 2794 City 78.51
APFECORP City 595.02
CONVERSIONS FIRESTONE City 797.31
CONVERSIONS FIRESTONE City 351.33
BARSTOW TOWING City 65.00
PETE'S ROAD SERVICE, INC City 568.43
PETE'S ROAD SERVICE, INC City 789.83
KOVATCH MOBILE EQUIPMENT Fire 1,484.92
O'REILLY AUTO PARTS 2794 City 21.90
O'REILLY AUTO PARTS 2794 City 1,624.86
SAFETY KLEEN SYSTEMS City 300.16
AMZN MKTP US*H05E19WW2 City 21.73
FORD MOJAVE FORD NISSAN City 55.75
O'REILLY AUTO PARTS 2794 City 258.17
O'REILLY AUTO PARTS 279 City 151.17
MIKES AUTO SERVICE City 83.50
CONVERSIONS FIRESTONE City 853.86
AMZN MKTP US City 195.30
BARSTOW TOWING City 65.00
PETE'S ROAD SERVICE, INC City 1,203.53
KOVATCH MOBILE EQUIPMENT Fire 169.49
O'REILLY AUTO PARTS 2794 City 57.49
ALL PRO AUTO GLASS City 380.00
ALL PRO AUTO GLASS City 190.00
MIKES AUTO SERVICE City 41.75
AMZN MKTP US City 585.90
TOYOTA MOJAVE TOYOTA City 264.95
FORD MOJAVE FORD NISSAN O City 101.07
PETE'S ROAD SERVICE, INC City 815.67
O'REILLY AUTO PARTS 2794 City (33.76)
KOVATCH MOBILE EQUIPMENT Fire 172.13
MIKES AUTO SERVICE City 41.75
O'REILLY AUTO PARTS 2794 City 33.76
O'REILLY AUTO PARTS 2794 City 33.76
PETE'S ROAD SERVICE, INC City 1,443.26
O'REILLY AUTO PARTS 2794 City 53.78
CONVERSIONS FIRESTONE City 1,074.45
TOYOTA MOJAVE TOYOTA City 63.86
O'REILLY AUTO PARTS 2794 City (1,586.87)
3454 SMART AND FINAL 354 City 662.77
THE HOME DEPOT #6972 City 102.61
WAL-MART #1879 City 53.27
HALLOWEEN CITY 8030 City 154.25
SPIRIT HALLOWEEN 60897 City 72.82
WAL-MART #1879 City 38.45
THE HOME DEPOT #6972 City 19.51
FOOD4LESS #0312 City 498.40
99 CENTS ONLY STORES #291 City 243.68
SP TORNADO HEAVY City 36.02
THE HOME DEPOT 6972 City 270.79
THE HOME DEPOT 6972 City 92.42
WAL-MART #1879 City 237.03
DOLLARTREE City 88.66
PRINTING SOLUTIONS City 43.50
O'REILLY AUTO PARTS 2794 City 8.69

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Packet Pg. 87
Attachment: 122222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 22, 2022
THE HOME DEPOT #6972 City 32.52
THE HOME DEPOT #6972 City 84.78
THE HOME DEPOT #6972 City 33.02
SQ *A2Z LOCK & SECURITY City 285.00
ON DECK SPORTS City 644.23
ON DECK SPORTS City 644.23
WAL-MART #1879 City 179.42
WAL-MART #1879 City 176.36
WAL-MART #1879 City 15.20
WAL-MART #1879 City 39.35
7040 HARBOR FREIGHT TOOLS 602 City 65.20
THE HOME DEPOT #6972 City 73.38
LOWES #01001 City 179.33
TPC TRAINCO City 1,195.00
TPC TRAINCO City 1,195.00
TPC TRAINCO City 1,195.00
THE HOME DEPOT 6972 City 226.20
CA DEPT PEST REGS City 190.00
2863 COAST COMMUNITY COLLEGE City 344.00
NBF*NATL BIZ FURNITURE City 2,842.80
A-ONE CYCLE City 110.88
THE HOME DEPOT 6972 City 93.46
2244 AMZN MKTP US City 562.41
AMZN MKTP US City 181.28
THE HOME DEPOT #6972 City 162.04
COSTCO WHSE #1010 City 182.63
FOOD4LESS #0312 City 21.67
PANERA BREAD #601785 City 268.35
PIZZA HUT 029213 City 109.78
MICHAEL KORS - 129 City 183.79
MARSHALLS #1322 City 101.08
WALMART.COM City 322.40
THE HOME DEPOT 6972 City 386.83
AMZN MKTP US City 39.14
DOLLARTREE City 35.34
MARSHALLS #1322 City 16.28
MARSHALLS #1322 City 70.00
SOUTHWEST City 167.96
PANERA BREAD #601785 City 102.09
2799 AMAZON.COM City 119.61
AMZN MKTP US City 996.16
PRINT N PLAY City 151.00
FREDPRYOR CAREERTRACK City 279.00
STARLIGHT DONUTS City 45.56
O'REILLY AUTO PARTS 2794 City 13.88
THE HOME DEPOT #6972 City 27.17
CLICKSAFETY City 321.30
OWPSACSTATE City 192.53
CLEMMER SERVICES, INC City 287.04
AMZN MKTP US City 96.64
THE HOME DEPOT 6972 City 95.33

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Packet Pg. 88
Attachment: 122222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 22, 2022
5252 BOOT BARN #14 City 173.99
CALIFORNIA WATER City 302.00
GRAINGER City 20.24
AMERICAN FLAGS EXPRESS City 874.77
MCMASTER-CARR City 765.62
HACH COMPANY City 290.54
6305 AMZN MKTP US City 816.72
PRINT N PLAY City 193.50
AMZN MKTP US City 76.78
HYATT REGENC MISSNBAY City 942.30
AMAZON.COM City 119.61
1118 SHERATON City 231.44
CORRA GROUP City 313.00
PORTOLA HOTEL AND SPA City 1,216.22
76 - SEI 37953 City 25.00
NATIONAL CAR RENTAL City 175.82
ONT AIRPT PARKING LOT 3 City 48.00
6033 LOWES City 145.47
AMZN MKTP US City 846.66
AMZN MKTP US City 68.00
EVERIFILE City 52.00
EB 2022 CWEA DAMS City 213.38
EVERIFILE City 104.00
EVERIFILE City 70.00
4OVER City 17.97
4OVER City 89.88
GOOGLE City 1.99
9701 ZIEMER PLUMBING INC City 36.11
THE HOME DEPOT #6972 City 129.33
2624 - IMPERIAL SPRINKLER City 265.10
FERGUSON ENT 1037 City 114.19
THE HOME DEPOT #6972 City 18.11
G A OSBORNE PIPE & SUPPLY City 39.29
THE HOME DEPOT #6972 City 139.20
BRUBAKER MANN INC City 413.76
THE HOME DEPOT #6972 City 15.09
THE HOME DEPOT #6972 City 198.28
8723 THE HOME DEPOT #6972 Fire 447.30
THE HOME DEPOT #6972 Fire 59.39
THE HOME DEPOT #6972 Fire 16.15
THE HOME DEPOT #6972 Fire 226.33
CTWS LLC Fire 452.80
WAL-MART #1879 Fire 44.52
1790 SQ *A2Z LOCK & SECURITY City 5.44
DOUBLETREE GOLF RESORT City 636.00
CALIFORNIA PEACE OFFICER City 125.00
RVSD SHERIFF BEN CLARK City 284.28
5453 LIFE ASSIST INC Fire 125.11
WWW COSTCO COM Fire 535.99

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Packet Pg. 89
Attachment: 122222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 22, 2022
DINAPOLI'S FIREHOUSE IT City 102.53
THE HOME DEPOT #6972 City 133.37
MOB ARMOR City 144.63
6581 THE HOME DEPOT #6972 City 31.07
ALLIED ELECTRONICS INC City 89.12
CONSUMERS PIPE & SUPPLY City 720.58
KAMAN DIST GRP 506 City 37.59
KAMAN DIST GRP 506 City 55.15
9690 COUNTRY CORNER MARKET City 12.73
PARTY CITY 1519 City 21.75
WAL-MART #1879 City 80.36
AMZN MKTP US City 42.39
AMZN MKTP US City 297.15
99 CENTS ONLY STORES #29 City 27.41
RITE AID 05690 City 97.81
AMZN MKTP US City 191.28
AMZN MKTP US City 133.58
6173 EBAY Fire 260.91
ID CARDS INSTANTCARD Fire 100.00
REVERB.COM LLC Fire 153.23
A-I CONSOLIDATED, INC Fire 135.29
AMZN MKTP US Fire 97.86
DOLLAR GENERAL #22201 City 11.00
JERSEY MIKES 20253 City 114.31
8260 THE HOME DEPOT #6972 Fire 37.53
THE HOME DEPOT #6972 Fire 580.46
WAL-MART #1879 Fire 95.52
THE HOME DEPOT #6972 Fire 15.16
8478 CALCITIES REGISTRATION City 625.00
9897 ALL SAFE INDUSTRIES City 159.29
CALIFORNIA WATER ENVIRON City 100.00
BARSTOW INDUSTRIAL SUPPLY City 245.41
THE HOME DEPOT #6972 City 80.71
9500 THE HOME DEPOT #6972 City 47.28
0409 CED City 135.94
THE HOME DEPOT #6972 City 169.25
THE HOME DEPOT #6972 City 26.03
THE HOME DEPOT #6972 City 84.24
THE HOME DEPOT #6972 City 110.38
2707 163 CLASSIC COLLISION City 219.00
CONVERSIONS FIRESTONE City 253.06
MIKES AUTO SERVICE City 41.75
5343 AMZN MKTP US City (71.73)
SB REC-COUNTY CLERK WEB City 14.00
AMS*SERVICE FEE City 2.00
STATERBROS190 City 50.00
OUTLETS AT BARSTOW City 52.00

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Packet Pg. 90
Attachment: 122222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 22, 2022
IIMC City 50.00
WAL-MART #1879 City 247.31
COSTCO WHSE #1010 City 97.14
1787 WEST END MATERIAL SUPPLY City 131.81
BARSTOW INDUSTRIAL SUPPLY City 26.93
BARSTOW INDUSTRIAL SUPPLY City 15.71
THE HOME DEPOT #6972 City 126.88
BARSTOW INDUSTRIAL SUPPLY City 30.15
9202 APPLE.COM/BILL City 2.99
PAYPAL City 64.00
AMZN MKTP US City 200.39
8445 IIMC City 225.00
2509 TRADECRAFT TRAINING LL City 99.00
TRADECRAFT TRAINING LL City 99.00
SQ *A2Z LOCK & SECURITY City 10.88
6338 WAL-MART #1879 Fire 25.16
WAL-MART #1879 Fire 170.35
6244 THE HOME DEPOT #6972 City 15.69
THE HOME DEPOT #6972 City 10.80
ZIEMER PLUMBING INC City 72.21
ZIEMER PLUMBING INC City 72.21
6278 THE HOME DEPOT #6972 City 4.81
BARSTOW INDUSTRIAL SUPPLY City 140.01
6003 WAL-MART #1879 Fire 139.20
9476 THE HOME DEPOT #6972 City 85.44
9977 THE HOME DEPOT #6972 City 23.91
THE HOME DEPOT #6972 City 16.18
7086 AMZN MKTP US Fire 24.98
8237 THE HOME DEPOT #6972 Fire 23.53
5420 AMZN MKTP US City (39.47)
AMAZON.COM City 36.41
90003 12/22/2022 001683 WAXIE SANITARY SUPPLY 81358220 CLEANING SUPPLIES Fire 971.99 971.99 90004 12/22/2022 012587 YUNEX, LLC 5620041637 BARSTOW/MOUNTAIN VIEW POLE KD City 8,235.69 10,996.40 5620041655 ARMORY/MONTARA POLARA PPB City 2,760.71
90005 12/22/2022 003231 ARAMARK UNIFORM SERVICES 5880173603 MATS AND MOPS -COMMUNITY CENTER City 59.63 178.89

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Packet Pg. 91
Attachment: 122222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 22, 2022
5880168207 MATS AND MOPS -COMMUNITY CENTER City 59.63
5880162948 MATS AND MOPS -COMMUNITY CENTER City 59.63
90006 12/22/2022 003656 BABCOCK LABORATORIES INC CK22083-0032 PERMIT REQUIRED SAMPLING City 315.00 315.00 90007 12/22/2022 000121 BARSTOW COMMUNITY HOSPITAL 1018142.002 CORA RENTAL 100422 City 500.00 500.00 90008 12/22/2022 012959 BUCHALTER C0223-3 OUTSIDE LEGAL COUNSEL FEES Fire 14,813.89 14,813.89 90009 12/22/2022 002177 BURRTEC WASTE INDUSTRIES INC. NOVEMBER2022 NOV 2022 COMMERCIAL HAULER SVCS City 192,688.75 192,688.75 90010 12/22/2022 004109 CALPERS LONG TERM CARE PROGRAM 14689930 JAN 2023 LT CARE PROGRAM -ROWE City 1,238.25 1,238.25 90011 12/22/2022 012860 CHARTER COMMUNICATIONS 8448410960562720 PEG CHANNEL 6 CITY SIDE City 497.02 3,070.76 8448410960563033 PEG CHANNEL 6 -SPECTRUM SIDE City 436.58 8448410960560088 CITY SIDE CIRCUIT TO POOL City 402.08
8448410960546079 POOL CIRCUIT TO CITY SIDE City 402.08
8448410960402836 FIRE STA 361, 861 BARSTOW RD Fire 125.89 FIRE STA 361, 861 BARSTOW RD City 164.46
8448410960255887 CITY HALL CABLE SERVICES City 238.22
8448410960399453 HARVEY HOUSE - INTERNET City 219.99
8448410960265639 CITY HALL - CABLE SERVICES City 216.08 8448410960402851 PUBLIC WORKS - CABLE SERVICES City 148.15 8448410960402844 COMMUNITY CENTER - CABLE SERVICES City 120.22 8448410960348880 FIRE DIST #363 - INTERNET ACCESS Fire 99.99 90012 12/22/2022 011615 CINTAS CORPORATION #2 5135953133 FIRST AID SUPPLIES -WWTP City 201.74 201.74 90013 12/22/2022 001942 CLEMMER SERVICES 26313667 A/C REPAIR -FS361 Fire 76.00 76.00 90014 12/22/2022 003270 CORELOGIC INFORMATION SOL INC. 30641185 NOV 2022 SERVICES City 400.00 2,000.00 NOV 2022 SERVICES City 400.00
NOV 2022 SERVICES City 400.00
NOV 2022 SERVICES City 400.00
NOV 2022 SERVICES Fire 400.00

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Packet Pg. 92
Attachment: 122222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 22, 2022
90015 12/22/2022 000479 COUNTY OF SAN BERNARDINO IN0394249 HEALTH PERMIT FOR POOL City 959.00 959.00 90016 12/22/2022 012504 DCS TESTING & EQUIPMENT INC. 19648 FIRE HOSE TESTING City 4,969.35 5,257.35 GROUND LADDER TESTING City 288.00
90017 12/22/2022 012957 DELEON, DONNA 1019973.002 HH SECURITY DEPOSIT 120522 City 750.00 750.00 90018 12/22/2022 000476 DEPARTMENT OF JUSTICE 621615 NOVEMBER 2022 FINGERPRINTS City 392.00 552.00 NOVEMBER 2022 FINGERPRINTS City 160.00
90019 12/22/2022 002834 ENTENMANN-ROVIN CO 0170121-IN BADGES -FIRE Fire 799.23 799.23 90020 12/22/2022 000591 FEDERAL EXPRESS CORPORATION 7-972-14480 11/28/22 SHIPPING SERVICES City 34.94 34.94 90021 12/22/2022 011764 FRONTIER COMMUNICATIONS OF CA 256-3531 CENTRAL SERVICES - CITY MAIN LINE City 1,020.84 2,028.64 255-2404 HARVEY HOUSE - ALARM LINES City 184.92
252-2538 WWTP- 2200 RIVERSIDE DR City 151.39
256-5621 COMMUNITY CENTER FAX LINE City 150.92
252-9273 SPORTSPARK City 141.71
256-1253 PERSONNEL FAX LINE City 139.81
256-4472 CITY MANAGER'S FAX City 94.94
255-2793 COMMUNITY CENTER FAX LINE City 56.04
256-8253 HAZARDOUS WASTE BIN City 47.00
255-9063 ECONOMIC DEVELOPMENT FAX LINE City 41.07
90022 12/22/2022 000756 HERNANDEZ, CARMEN 121222 11/8/22 ELECTION OVERPAYMENT REFUND City 32.00 32.00 90023 12/22/2022 012902 HERNANDEZ, MARIBEL 121322 HOLIDAY PARTY GIVE AWAY/DESSERT City 152.00 235.93 HOLIDAY PARTY GIVE AWAY/DESSERT City 83.93
90024 12/22/2022 000742 HI DESERT FIRE PROTECTION SVC 504594 FIRE EXT. CERTIFICATE -HH City 654.66 1,470.98 504593 FIRE EXT. CERTIFICATE -CH/ANNEX/PD City 581.92
504596 FIRE EXT. CERTIFICATE -HH/PAL City 192.40
504595 FIRE EXT. CERTIFICATE -HH/FAA CTR City 42.00

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Packet Pg. 93
Attachment: 122222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 22, 2022
90025 12/22/2022 000763 HINDERLITER, DE LLAMAS & ASSOC SIN023518 OCT-DEC 2022 SALES TAX City 1,990.67 1,990.67 90026 12/22/2022 000804 IMPERIAL SPRINKLER SUPPLY INC. 0008838267-001 SPRINKLER SYSTEM -STURNACLE City 258.75 258.75 90027 12/22/2022 012956 LEALOFI, JOY 0110222 CORA HARPER SECURITY DEP. 012022 City 500.00 500.00 90028 12/22/2022 000954 LEXIS-NEXIS 1439264-20221130 NOV 2022 DETECTIVE RESEARCH City 498.32 498.32 90029 12/22/2022 004141 LIFE ASSIST INC. 1272908 OPEN PO FOR MEDICAL SUPPLIES City 1,816.84 1,816.84 90030 12/22/2022 011500 LSL CPA 54005 FY22 ANNUAL STREET REPORT City 2,000.00 2,000.00 90031 12/22/2022 003772 MAIN STREET MURALS 100822 MAIN ST MURAL PROGRAM City 8,750.00 8,750.00 90032 12/22/2022 011994 MEHTA, MD, CHIRAG P. 102JM CARDIOVASCULAR TEST -FIRE Fire 150.00 150.00 90033 12/22/2022 002949 MINERAL SOCIETY, MOJAVE DESERT GEM 1018263.002 CORA RENTAL DEPOSIT 101222 City 500.00 500.00 90034 12/22/2022 003841 MOTOROLA SOLUTIONS, INC. 16185359 MOTOROLA RADIOS City 150,242.43 150,242.43 90035 12/22/2022 012954 NATIONAL TRAINING CONCEPTS INC 121222 NTC COURSE City 1,096.00 1,096.00 90036 12/22/2022 012919 NIZA WINDOW TINT 1158 WINDOW TINT -PD 9119 City 180.00 180.00 90037 12/22/2022 010874 NOBLE, JAMES 121205 11/8/22 ELECTION OVERPAYMENT REFUND City 40.00 40.00 90038 12/22/2022 012567 O'BRIEN, MARTHA 121222 11/8/22 ELECTION OVERPAYMENT REFUND City 32.00 32.00 90039 12/22/2022 011032 PARS 51964 OCTOBER 2022 PARS FEES City 468.66 468.66 90040 12/22/2022 012331 PERALTA, TERRI 120522 11/8/22 ELECTION OVERPAYMENT REFUND City 40.00 40.00 90041 12/22/2022 002749 PORAC LEGAL DEFENSE FUND 697038 LEGAL DEFENSE FUND -RESERVE OFFICERS City 18.00 18.00 90042 12/22/2022 010887 PUGLIESE, LINDA 121622 DECEMBER 2022 JUDO City 630.00 630.00

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Packet Pg. 94
Attachment: 122222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 22, 2022
90043 12/22/2022 011983 QUINN COMPANY PCA10035367 8604- STREET CAT LOADER BROOM City 2,694.67 2,696.32 PCA10035366 BOLTS FOR UNIT 8604 City 1.65
90044 12/22/2022 010926 RICOH USA INC. 5066238869 11/30/22 PRINTING FEES Fire 287.55 287.55 90045 12/22/2022 003866 ROBERTSON'S 191114 CONCRETE DISPOSAL City 524.70 524.70 90046 12/22/2022 012955 ROBINS, DAJIA 121622 BASKETBALL REFUND 2 YOUTHS City 85.00 85.00 90047 12/22/2022 012925 S+L SAFETY PRODUCTS 784730 SAFETY GLOVES FOR CUSTODIAN City 174.00 174.00 90048 12/22/2022 011124 SAN BERNARDINO - HR, COUNTY OF EM002138 PRE-EMPLOYMENT PHYSICAL City 1,563.16 1,563.16 90049 12/22/2022 004125 SBCERA 121922 11/27/22-1210/22 RETIREMENT -FIRE Fire 60,660.69 60,660.69 90050 12/22/2022 001447 SILVER VALLEY PROPANE, INC. 47117 MCLB PROPANE SERVICES City 1,105.69 3,958.74 47114 MCLB PROPANE SERVICES City 659.79
47116 MCLB PROPANE SERVICES City 504.21
47128 MCLB PROPANE SERVICES City 370.44
47109 MCLB PROPANE SERVICES City 322.91
47122 MCLB PROPANE SERVICES City 237.65
47123 MCLB PROPANE SERVICES City 201.64
47110 MCLB PROPANE SERVICES City 187.43
47120 MCLB PROPANE SERVICES City 141.86
47126 MCLB PROPANE SERVICES City 124.71
47113 MCLB PROPANE SERVICES City 102.41
90051 12/22/2022 001455 SMITH, ERNEST 121922 DECEMBER 2022 JUDO City 87.50 87.50 90052 12/22/2022 011008 SOUTHERN CALIF FLEET SVCS INC HP16607 0331-FD PIERCE FIRE ENGINE-DIAGNOSIS Fire 12,977.84 18,999.90 0331-FD PIERCE FIRE ENGINE-DIAGNOSIS Fire 5,752.06
Freight Fire 270.00
90053 12/22/2022 001476 SOUTHERN CALIFORNIA EDISON CO 700238662985 WWTP- 2200 RIVERSIDE DR City 22,121.53 36,650.62

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Packet Pg. 95
Attachment: 122222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 22, 2022
700398983474 861 BARSTOW RD Fire 2,436.31
2600 W MAIN ST Fire 644.60
29780 US HIGHWAY -STORAGE UNIT Fire 67.56
333221 I ST -CELL TOWER Fire 2,465.84
LOAN ID 8322 Fire 236.46
700496482521 COMMUNITY CENTER - 841 BARSTOW RD City 2,888.14 8000251338 HARVEY HOUSE - 685 N 1ST AVE #HM City 1,841.69 8004520184 HARVEY HOUSE - 685 N 1ST AVE #PL City 823.83 700030573030 ELECTRIC POND 3 2200 RIVERSIDE DR City 635.53 700350507019 HARVEY HOUSE- 685 N 1ST AVE #E City 193.77 HARVEY HOUSE - 685 N 1ST AVE #F City 349.52
HARVEY HOUSE - 685 N 1ST AVE #C City 84.79
700465976122 POLICE DEPT- MELISSA ST ANNEX City 396.19
8004336313 HARVEY HOUSE - 685 N 1ST ST City 217.22
8002564791 HARVEY HOUSE - 685 1ST AVE #I City 205.99
8002783603 HARVEY HOUSE - 685 N 1ST AVE, #MA City 154.64 8002575020 HARVEY HOUSE -ROUTE 66 MUSEUM City 153.84
8002216730 HARVEY HOUSE- 685 N 1ST AVE #D City 151.59
8002564298 HARVEY HOUSE - 685 FIRST ST #H City 126.31
8000833030 CORPORATION YARD City 110.47
8003084860 HARVEY HOUSE - 685 N 1ST AVE, #PN City 94.64 8004459516 HARVEY HOUSE - 685 N 1ST AVE City 78.16
8003543204 TRAFFIC SIGNALS - MAIN & 2ND City 74.72
700178236029 555 SOUTH 7TH STREET City 56.75
700499146381 800 BARSTOW RD -TENNIS COURTS City 21.09
700497772419 STURNACLE PARK City 19.44
90054 12/22/2022 001486 SPARKLETTS 9218240 120122 NOV 2022 WATER FOR CITY STAFF City 434.89 434.89 90055 12/22/2022 001531 STEWART TITLE OF CALIFORNIA 569761 TITLE REPORT FILE 1884784 275 PIERCE City 400.00 400.00 90056 12/22/2022 012807 SUPERIOR AESTHETICS 0051 WELLNESS PROGRAM City 5,500.00 5,500.00

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Packet Pg. 96
Attachment: 122222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 22, 2022
90057 12/22/2022 001362 SWRCB WD-0217101 ANNUAL PERMIT -WWTP City 41,063.00 46,254.00 WD-0217161 ANNUAL PERMIT -WWTP City 3,453.00
SW-0246202 FY23 ANNUAL PERMIT FEE City 1,738.00
90058 12/22/2022 001862 TERMINIX PROCESSING CENTER 427540365 11/02/22 PEST CONTROL -PD ANNEX City 68.00 68.00 90059 12/22/2022 012946 TIRE & SERVICE CENTERS, GOODYEAR COMMERCIAL 230-1044270 TIRES FOR STOCK City 826.65 826.65 90060 12/22/2022 011504 TYLER BUSINESS FORMS 79278 2022 W2/1099 FORMS City 350.07 350.07 90061 12/22/2022 012175 UNIFIRST CORPORATION 3251875914 UNIFORM SERVICES -WWTP City 251.07 357.11 3251878524 UNIFORM SERVICES -WWTP City 106.04
90062 12/22/2022 012889 VERDANT COMMERCIAL CAPITAL LLC 904034217 ANTI-VIRUS PAYMENT City 745.24 745.24 90063 12/22/2022 000635 VERIZON 9921932399 COUNCIL City 271.57 7,159.45 CITY MANAGER City 40.76
CITY CLERK City 38.01
ENGINEERING City 40.76
BUILDING City 298.91
CODE COMPLIANCE City 101.86
I.T City 232.81
PERSONNEL City 40.76
PARK AND RECREATION City 195.92
CORP YARD City 883.74
OPEN SPACES City 802.22
BUILDING MAINTENANCE City 40.76
FLEET City 50.22
SOLID WASTE City 45.76
WASTE WATER City 1,854.01
POLICE DEPT City 2,004.37
FIRE Fire 217.01
90064 12/22/2022 000635 VERIZON 470603320-00001 NOV 02-DEC 01 FIRE DIST PHONES Fire 1,673.15 1,673.15 90065 12/22/2022 001655 VICTOR VALLEY TRANSIT AUTH 121222 NOV 2022 MEGA/MILITARY BUS PASSES City 1,230.00 1,230.00 90066 12/22/2022 012958 WARE, KEVIN 122022 CONDITIONAL USE PERMIT City 1,009.00 1,009.00 90067 12/22/2022 004137 WESTERN EXTERMINATOR CO. 28642352 NOV 2022 SQUIRREL CTL -SPORTS PARK City 158.00 601.00 28512379 NOV 2022 SQUIRREL CTL -DANA City 144.00

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Packet Pg. 97
Attachment: 122222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 22, 2022
28549280 NOV 2022 SQUIRREL CTL -STRINGHAM City 79.00
28642417 NOV 2022 SQUIRREL CTL -JASPER City 76.00
28672382 NOV 2022 SQUIRREL CTL -SOCCER FIELDS City 76.00 28642435 NOV 2022 SQUIRREL CTL -901 BIGGER City 68.00
AGENCY TOTAL 1,879,086.37 1,879,086.37
City 1,766,530.00
Fire 112,556.37
Successor Agency -
1,879,086.37

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Packet Pg. 98
Attachment: 122222 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total 90068 12/30/2022 002092 ALCANTARA, RUDOLPH JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 278.27 278.27 90069 12/30/2022 002165 ARGUETA, LINDA JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90070 12/30/2022 011257 AVILES, ANGEL JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 258.00 258.00 90071 12/30/2022 010910 BARNES, LORRAINE JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90072 12/30/2022 011258 BAUTISTA, PATRICIA JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90073 12/30/2022 000789 BECKNELL, KENNETH JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 278.27 278.27 90074 12/30/2022 011260 BELLOMY, MICHAEL JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 253.84 253.84 90075 12/30/2022 011261 BERRY, JOANN JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90076 12/30/2022 011262 BIZZLE, RALPH JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90077 12/30/2022 011263 BLACKWELL, JEAN K JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90078 12/30/2022 011264 BOYD, JOYCE JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 363.00 363.00 90079 12/30/2022 011265 BROWN, BARBARA L JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 132.25 132.25 90080 12/30/2022 000203 BROWN, MICHAEL JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90081 12/30/2022 011266 BUBIER, JEFFREY JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 363.00 363.00 90082 12/30/2022 011267 BURCHETT, MARJORIE M. JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90083 12/30/2022 003513 CARDENAS, MICHAEL JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90084 12/30/2022 012351 CARTER, MARGARET JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 132.25 132.25

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 30, 2022

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Packet Pg. 99
Attachment: 123022 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 30, 2022
90085 12/30/2022 011269 CEDILLO, ROBERT L. JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 278.27 278.27 90086 12/30/2022 011270 CHAVIRA, RUTH DIANE JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90087 12/30/2022 011513 COLE, STEPHEN JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90088 12/30/2022 011271 CONDER, LYNDA JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90089 12/30/2022 011272 COOPER, JAMES R. JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 363.00 363.00 90090 12/30/2022 011891 CORDOVA, LAURIE JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90091 12/30/2022 000401 COUSINO, JOANNE JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90092 12/30/2022 011319 CUNNINGHAM, KATHLEEN JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90093 12/30/2022 011320 CURNUTTE, VELMA JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 278.27 278.27 90094 12/30/2022 012180 DAHLEM, NANCY JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90095 12/30/2022 000443 DALE, LAWRENCE JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90096 12/30/2022 011892 DEWYER, ROBERTA JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90097 12/30/2022 011274 DICKERSON, MARIAN JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90098 12/30/2022 011321 ERIKSEN, BETTY JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90099 12/30/2022 000573 ESPINOZA SR., ANDREW JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 399.00 399.00 90100 12/30/2022 002304 FLORES, DOROTHEA JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90101 12/30/2022 001451 FRANCIS, DIANA JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00

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Packet Pg. 100 Attachment: 123022 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 30, 2022
90102 12/30/2022 000619 FRANEY, MARK K. JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 278.27 278.27 90103 12/30/2022 011275 GAZZAR, ALBERT JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 363.00 363.00 90104 12/30/2022 000308 GENTRY, ANITA JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 123.03 123.03 90105 12/30/2022 000649 GERARDI, MARK JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90106 12/30/2022 002279 GOMEZ, JOE D. FEBRUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 471.44 471.44 90107 12/30/2022 012443 GORDON, TANYA JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90108 12/30/2022 012874 GRIEGO, IRMA JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 314.00 314.00 90109 12/30/2022 000861 HACKBARTH-MCINTYRE, JULIE JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90110 12/30/2022 000707 HARPOLE, RICHARD JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 363.00 363.00 90111 12/30/2022 011512 HARRIS, MELVIN JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 241.71 241.71 90112 12/30/2022 011278 HAWES, DALLAS C JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 278.27 278.27 90113 12/30/2022 004234 HERNANDEZ, MARJORIE JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90114 12/30/2022 011279 HIBBETTS, ARTHUR JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90115 12/30/2022 011280 HIBBETTS, SHIRLEY JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90116 12/30/2022 000752 HIGGERSON, KIRTLEY I. JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 243.96 243.96 90117 12/30/2022 000944 HILL, LESLIE JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90118 12/30/2022 002137 HOWARD, LEE JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02

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Packet Pg. 101 Attachment: 123022 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 30, 2022
90119 12/30/2022 011596 HUNTER, MICHAEL P JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90120 12/30/2022 000844 JAMES, HERMINIA JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 363.00 363.00 90121 12/30/2022 011282 JARMAN, JIMMIE JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90122 12/30/2022 011283 JONES, KIYOKO JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90123 12/30/2022 011285 KENNEDY, LORELLA JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 148.68 148.68 90124 12/30/2022 011286 KENNEDY, SANDRA JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 363.00 363.00 90125 12/30/2022 011287 KERSTEN, PETER JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 363.00 363.00 90126 12/30/2022 011288 KIRBY, STEPHEN C. JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 278.27 278.27 90127 12/30/2022 002077 KLINGENBERG, BERNARD JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90128 12/30/2022 000898 KULSETH, MARLOWE K. JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90129 12/30/2022 011289 KURTH, ALVIN JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90130 12/30/2022 000968 LINDLEY, JAMES N. JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 363.00 363.00 90131 12/30/2022 011291 LOPEZ, BONI JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 253.84 253.84 90132 12/30/2022 011292 LOPEZ, DOROTHY A JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90133 12/30/2022 000998 MAESTAS, MARILYN JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90134 12/30/2022 001022 MAULDIN, MARK A. JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 278.27 278.27 90135 12/30/2022 001037 MCMICHAEL, CAROLE JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 132.25 132.25

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Packet Pg. 102 Attachment: 123022 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 30, 2022
90136 12/30/2022 012547 MISCHEL, DONALD JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90137 12/30/2022 002439 MORRIS, VERNON JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 363.00 363.00 90138 12/30/2022 011295 MOSER-MORRIS, PATRICIA J. JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90139 12/30/2022 002116 MURPHY, MARK JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 262.59 262.59 90140 12/30/2022 011236 NOTTINGHAM, HARLEY JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90141 12/30/2022 011299 PADDACK, RONALD JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 363.00 363.00 90142 12/30/2022 011029 PELLMAN, CARROLL JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90143 12/30/2022 012331 PERALTA, TERRI JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90144 12/30/2022 012372 PINKUS, MARY JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90145 12/30/2022 001254 PTAK, RICHARD A. JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90146 12/30/2022 001293 RAMIREZ JR., ALBERT JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90147 12/30/2022 012417 RATELLE, MONA JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 132.25 132.25 90148 12/30/2022 011303 REED, SHIRLEY A. JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90149 12/30/2022 011304 REKWARD, RUSSELL JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90150 12/30/2022 001317 RILEY, JENNIFER JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90151 12/30/2022 011305 ROBERTSON, ROSE DALLEEN JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90152 12/30/2022 012573 RODRIGUEZ, CECILIA JANUARY2023 RETIRRE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02

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Packet Pg. 103 Attachment: 123022 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Check # Check Date Vendor Invoice No Line Item Description City/Fire/SA Amt Paid Check Total

CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 30, 2022
90153 12/30/2022 003628 ROWE, RICHARD JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 689.04 689.04 90154 12/30/2022 011308 SESSIONS, CAROL JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 278.27 278.27 90155 12/30/2022 002409 SHIPLEY, ERNEST JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90156 12/30/2022 001439 SHIPLEY, LYNN JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90157 12/30/2022 001919 SHIPLEY, MIKE JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90158 12/30/2022 011309 SLUDER, DONNA JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 262.59 262.59 90159 12/30/2022 004235 SPILLER, WILLIAM JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90160 12/30/2022 000399 STAPP, MARY JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90161 12/30/2022 002094 STEWART, MICHAEL JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 277.57 277.57 90162 12/30/2022 011310 STOLTE, PATRICIA A. JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90163 12/30/2022 011763 TAN, LANNIO JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90164 12/30/2022 001578 THOMAS, JEFFERY JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 399.00 399.00 90165 12/30/2022 001594 TORO, ALBERT JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90166 12/30/2022 011205 URTIAGA, EUGENE JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90167 12/30/2022 011893 VASQUEZ, MARK JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90168 12/30/2022 000754 VOEGELI, CARMEN JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90169 12/30/2022 011313 WARREN, JIMMIE W. JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02

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CITY OF BARSTOW
VOUCHER LIST - BY CHECK SEQUENCE - DECEMBER 30, 2022
90170 12/30/2022 011314 WEBB, ELGENIA M. JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90171 12/30/2022 012652 WILHELM, DENNIS JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90172 12/30/2022 011316 WILLETTE, RICHARD JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 269.02 269.02 90173 12/30/2022 001698 WILLETTS, CHARLES JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90174 12/30/2022 004001 YAZZIE, VERNA JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 241.71 241.71 90175 12/30/2022 012156 ZAMORA, SR., RONALD JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90176 12/30/2022 012352 MASSIMINI, MICHAEL S. JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 449.00 449.00 90177 12/30/2022 001455 SMITH, ERNEST JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 278.27 278.27 90178 12/30/2022 003142 WEST, HOWARD JANUARY2023 RETIREE HEALTH INSURANCE REIMBURSEMENT City 363.00 363.00 AGENCY TOTAL 36,649.46 36,649.46
City 36,649.46
Fire -
Sucessor Agency -
36,649.46

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Packet Pg. 105 Attachment: 123022 AP RUN (5266 : Ratification of Accounts Payable Expenditures) Joint Special Meeting
CC/Harvey House/BFPD
01/17/23 05:30 PM
City Clerk / Records
Christina Rudsell
Other
Doc ID: 5262

HARVEY HOUSE AGENDA ITEM
AGENDA MATTER:

HARVEY HOUSE FOUNDATION ARTICLES OF INCORPORATION / BYLAWS EXECUTIVE SUMMARY:

Reference item for review.

DISCUSSION:

For reference, attached are the Articles of Incorporation and the By-Laws of the Harvey House Foundation, which was incorporated on January 16, 1992. The public purposes of the Foundation are to promote development of the Harvey House site; to promote the historic site; to improve, renovate, acquire, maintain and repair articles of historic significance including but not limited to railroad memorabilia.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Reference item only.
10 Packet Pg. 106

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10.b
Packet Pg. 143 Attachment: BHHF Resolution No. 5-2015 Amending Date and Time (5262 : Harvey House Foundation Articles of Incorporation and Bylaws)

10.b
Packet Pg. 144 Attachment: BHHF Resolution No. 5-2015 Amending Date and Time (5262 : Harvey House Foundation Articles of Incorporation and Bylaws) Joint Special Meeting
CC/Harvey House/BFPD
01/17/23 05:30 PM
City Clerk / Records
Christina Rudsell
Other
Doc ID: 5261

HARVEY HOUSE AGENDA ITEM
AGENDA MATTER:

CHANGE OF OFFICERS FOR YEAR 2023
EXECUTIVE SUMMARY:

Approve the 2023 Change of Officers for the Harvey House Foundation. Accept the 'Statement of Information' and 'Statement of Facts' forms reflecting updated information.

DISCUSSION:

Subject to Sections 5.01 and 5.02 of the Foundation's Bylaws (amended in 1993 in Resolution No. 2-93- BHHF), the Mayor of the City of Barstow shall always serve as the President of the Corporation, the Mayor Pro Tem shall always serve as the Vice President of the Corporation, the City Clerk shall always serve as the Secretary of the Corporation, and the City Treasurer shall always serve as the Chief Financial Officer of the Corporation.

Section 5.02, except as provided in Section 5.01 and except in the case of the initial officers designated by the incorporator, states each officer shall hold office correspondingly with election to the following City Offices and until the term to such office expires, or until the death, resignation or removal of such officer.

As a result of the November 8, 2022, General Municipal Election, Carmen Hernandez was elected as Council Member for District 1 for the full term of four years and Mayor Pro Tem James M. Noble was elected for District 2 for the full term for four years. The officers roster for the Harvey House Foundation has been updated reflecting the changes noted above:

PRESIDENT Paul Anthony Courtney (Mayor)
VICE PRESIDENT James M. Noble (Mayor Pro Tem)
SECRETARY Andrea Flores (City Clerk)
CHIEF FINANCIAL OFFICER Michael J. Lewis (City Treasurer) ASSISTANT FINANCIAL OFFICER Heidy Riley (Admin. Services Manager) DESIGNATED AGENT Willie Hopkins, Jr. (City Manager)
DIRECTOR Carmen Hernandez (Council Member)
DIRECTOR Marilyn Dyer Kruse (Council Member)
DIRECTOR Barbara M. Rose (Council Member)
FISCAL IMPACT:

No fiscal impact.
11 Packet Pg. 145
Joint Special Meeting
CC/Harvey House/BFPD
01/17/23 05:30 PM
City Clerk / Records
Christina Rudsell
Other
Doc ID: 5261

HARVEY HOUSE AGENDA ITEM
RECOMMENDED ACTION:

Approve the 2023 change of officers for the Harvey House Foundation and accept the 'Statement of Information' Form 100 and 'Statement of Facts' Form 405 for filing. 11 Packet Pg. 146
February 04, 2022
P39LL2D
C1813650

11.a
Packet Pg. 147 Attachment: Certified 100 - Barstow Harvey House Foundation updated 02 04 2022 (5261 : Change of Officers for Year 2023) California Secretary of State
Electronic Filing
Corporation - Statement of Information
Entity Name:

Entity (File) Number:

File Date:

Entity Type:

Jurisdiction:

Detailed Filing Information
Entity Name:

Business Addresses:

Street Address of Principal
Office in California:

Mailing Address:

Officers:

Chief Executive Officer:

Secretary:

Use bizfile.sos.ca.gov for online filings, searches, business records, and resources. 02/02/2022

CALIFORNIA
220 East Mountain View St, Suite 200
Barstow, California 92311
United States of America
220 East Mountain View St, Suite 200
Barstow, California 92311
United States of America
Willie Hopkins Jr.
220 East Mountain View St, Suite 200
Barstow, California 92311
United States of America
Andrea Flores
220 East Mountain View St, Suite 200
Barstow, California 92311
United States of America
C1813650
H183875
H18
3 8
7 5

BARSTOW HARVEY HOUSE

FOUNDATION

BARSTOW HARVEY HOUSE

FOUNDATION

11.a
Packet Pg. 148 Attachment: Certified 100 - Barstow Harvey House Foundation updated 02 04 2022 (5261 : Change of Officers for Year 2023) California Secretary of State
Electronic Filing
Service of Process:

Electronic Signature:

Use bizfile.sos.ca.gov for online filings, searches, business records, and resources.

Christina Rudsell
Michael Lewis
220 East Mountain View St, Suite 200
Barstow, California 92311
United States of America
Christina Rudsell
220 East Mountain View St, Suite A
Barstow, California 92311
United States of America

11.a
Packet Pg. 149 Attachment: Certified 100 - Barstow Harvey House Foundation updated 02 04 2022 (5261 : Change of Officers for Year 2023)

11.b
Packet Pg. 150 Attachment: Form 405 Barstow Harvey House Foundation 01 06 23_signed (5261 : Change of Officers for Year 2023) Joint Special Meeting
CC/Harvey House/BFPD
01/17/23 05:30 PM
Finance
Marc Puckett
Other
Doc ID: 5263

AGENDA ITEM
AGENDA MATTER:

FY 2022 ANNUAL REPORT OF THE BARSTOW HARVEY HOUSE FOUNDATION EXECUTIVE SUMMARY:

See below.

DISCUSSION:

The Barstow Harvey House Foundation (BHHF) Financial Statements as of the fiscal year ended June 30, 2022 are presented for review, discussion, and acceptance. A Statement of Changes in Fiduciary Net Position is attached summarizing additions and deductions to the Foundation's Net Position as of June 30, 2022. A Statement of Net Position is also attached which summarizes the assets, liabilities and net position of the Foundation as of June 30, 2022. The Foundation ended the fiscal year with a liability of $14,933 to other funds and a deficit net position of $14,933.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Review and accept the Barstow Harvey House Foundation Financial Statements for the fiscal year ending June 30, 2022.
12 Packet Pg. 151
City of Barstow
Barstow Harvey House Foundation
Statement of Fiduciary Net Position
June 30, 2022
Private-Purpose
Trust Fund___
Assets:

Pooled cash and investments $ -0-
Receivables:

Accounts -0-
Taxes -0-
Accrued interest -0-
Due from other governments -0-
Land held for resale -0-
Restricted assets:

Cash and investments with fiscal agents -0-
____________
Total Assets $ -0-
Liabilities:

Accounts payable -0-
Accrued interest -0-
Deposits payable -0-
Due to other funds ( 14,933.10)
Due to external parties/other agencies -0-
Long-term liabilities:

Due in one year -0-
Due in more than one year -0-
Due to City of Barstow -0-
Total Liabilities $( 14,933.10)
Net Position:

Held in trust for other purposes $ -0-
Total Net Position $( 14,933.10)
Note – Based on audited financial information as of June 30, 2022

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Packet Pg. 152 Attachment: Barstow Harvey House Foundation Statement of Net Position 063022 (5263 : Financial Statements 2022 - Barstow Harvey House City of Barstow
Barstow Harvey House Foundation
Statement of Changes In Fiduciary Net Position
June 30, 2022
Private-Purpose
Trust Fund___
Additions:

Intergovernmental $ -0-
Interest and change in fair value of investments 3
____________
Total Additions $ 3
Deductions:

Audit Expense -0-
Fees/Services Expenses 325
BYAC – General Expense -0-
Interest expense __________ -0-
Total Deductions $ 325
Changes in Net Position:

Net Position – Beginning of Year $( 14,611)
Net Position – End of the Year $( 14,933)
Note – Based on audited financial information as of June 30, 2022

12.b
Packet Pg. 153 Attachment: Barstow Harvey House Foundation Statement of Changes 063022 (5263 : Financial Statements 2022 - Barstow Harvey House Joint Special Meeting
CC/Harvey House/BFPD
01/17/23 05:30 PM
Building
Christopher Heldreth
Ordinance
Doc ID: 5231

COUNCIL AGENDA ITEM
AGENDA MATTER:

ADOPTION OF ORDINANCE 995-2022 APPROVING DEVELOPMENT AGREEMENT WITH DESERT

BLOOM HOLDINGS, LLC
EXECUTIVE SUMMARY:

Staff requests that the City Council adopt Ordinance No. 995-2022 approving Desert Bloom Holdings, LLC's application for Commercial Cannabis Cultivation permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements.

DISCUSSION:

On November 8, 2016, the Control, Regulate, & Tax Adult Use of Marijuana Act (“AUMA”) was approved by California voters via Proposition 64. The AUMA permits local jurisdictions to regulate and/or ban adult use cannabis cultivation, distribution and delivery, transportation, manufacturing, testing laboratories, dispensaries, and microbusiness facilities.

In June 2021, the City Council passed Ordinance No. 974-2021 which added Chapter 19.27 to the Barstow Municipal Code to permit commercial cannabis activities in the City. The ordinance went into effect on July 7, 2021. On October 4, 2021, the City Council adopted Ordinance No. 977-2021, amending the City’s cannabis regulatory program ordinance.

All cannabis businesses must enter into a development agreement with the City that will be subject to council approval through the adoption of an ordinance under Government Code Section 65865. This application came before the Planning Commission for review at its October 10, 2022 meeting as part of consideration of a multi-tenant development agreement for all cannabis businesses coming before the Council tonight as all land use permits and statutory development agreements must first be presented to the Planning Commission. The Planning Commission recommended approval. The City Council considered the development agreement at its November 21, 2022 meeting and directed staff to return with individualized development agreement for each cannabis business that is being proposed. At its December 19, 2022 meeting, the City Council introduced the ordinance approving the development agreement and related entitlements for this cannabis facility.

Application
Desert Bloom Holdings, LLC is applying for a permit for Commercial Cannabis Cultivation.

Applicant’s representative, who will be listed on the permit if one is used and will be the point of contact for the Planning Department is Arsen Sargsyan.

Applicant Information
Desert Bloom Holdings, LLC is a Limited Liability Company. They do have a federal tax identification and are properly registered with the California Secretary of State.

The company has the following corporate officers:
13 Packet Pg. 154
Joint Special Meeting
CC/Harvey House/BFPD
01/17/23 05:30 PM
Building
Christopher Heldreth
Ordinance
Doc ID: 5231

COUNCIL AGENDA ITEM
Chief Executive Officer - Arsen Sargsyan
Members of the applicant group have no relevant criminal convictions listed on their permit application.

Members of the applicant group have no listed unfair business practices listed on their permit application.

Location Information
Desert Bloom Holdings, LLC is a applying for a permit at 2865 Lenwood Road, Building 1 Barstow, CA 92311. APN #0428-211-26. The total square feet of each structure on the site is 12,423 square feet.

The applicant is not the owner of the property but has provided the City with a copy of the Landlord Use Disclosure & Authorization for a Cannabis Facility agreement between applicant and owner.

Acknowledgment of City Standards
The managing members of the applicant group have submitted a signed acknowledgment of the City’s Cannabis operating standards as set forth in the City’s Municipal Code.

Information and Release Form
The managing members of the applicant group have signed and consented to the release of information necessary for the City to verify and confirm the information contained in their permit application.

On-Site Member Contact Statement
The applicant has designated Norair Madatian as the on-site manager and the designated representative to whom the public or City can provide notice to if there are operating problems or issues related to the Cannabis Facility.

Conditional Use Permit
Applicant has submitted the required conditional use permit, including the following required documents:
seven sets of the plans in 24” x 36”, filing fees, notification packages, title report, existing site plan, proposed site plan, conceptual architectural renderings, conceptual landscape plan, and electronic copy of these plans, and any special studies as determined by the Community Development Department.

Environmental Information and Checklist
Applicant has submitted the required environmental information and checklist.

Security Plan
The applicant has submitted a security plan which contains: 24-hour security surveillance cameras, sensors, panic buttons, alarm system, 24-hour security personnel, and a lock system not solely controlled by an electronic access panel.

DOJ Live Scans for Owners, Managers, Employees, Volunteers, and Security Personnel Applicant has submitted the required Department of Justice Live Scans for owners, managers, 13 Packet Pg. 155
Joint Special Meeting
CC/Harvey House/BFPD
01/17/23 05:30 PM
Building
Christopher Heldreth
Ordinance
Doc ID: 5231

COUNCIL AGENDA ITEM
employees, volunteers, and security personnel.

Operations Plans
Applicant has submitted the required Operations Plan in accordance with the City’s Municipal Code. The following features are present in the Operations Plan: limiting access area, keeping cannabis and cannabis products in a secure manner, designating a security representative/liaison, a storage and transportation plan, cooperation with the City, and notification to Police Department with provisions.

Application Fees
Applicant has submitted the required application fees related to this permit application.

Fiscal Impacts
The City Manager is specifically authorized to set and adjust the square footage for the Production Space and to determine the corresponding operating fee as the Project is completed. 1) Each Operator agrees to pay to City, in order to enable City to promote, protect, and enhance the healthy, safety, and welfare of the community and its residents and its quality of life, the following fees, if holding a Cannabis Cultivation Permit or Cannabis Manufacturing Permit: a yearly operating fee of Five Dollars ($5) per square foot times total square footage of each Premises. Fees shall be paid no later than December 31st of every year beginning in the year each Operator receives its CCP and shall be prorated commensurate with the number of months such Operator had its CCP. Failure to pay the fee within thirty (30) days after the due date shall result in an additional penalty for nonpayment in a sum equal to twentyfive percent (25%) of the total amount due; Or,
Operator agrees to pay to City, in order to enable City to promote, protect, and enhance the healthy, safety, and welfare of the community and its residents and its quality of life, and shall pay the following fees, if holding a Cannabis Non-Storefront Retail Delivery Permit or Cannabis Storefront Retail Permits shall pay:
2) A monthly operating fee(s) of three percent (3%) of Gross Receipts for operations from the Cannabis Non-Storefront Retail Delivery Permits and Cannabis Storefront Retail Permits, to be paid monthly. Fees shall be due to the City on first (1st) of the month. Failure to pay the fee within thirty (30) days after the due date shall result in an additional penalty for nonpayment in a sum equal to twenty-five percent (25%) of the total amount due.

Facilities with multiple licenses must not commingle respective sales proceeds, and blend percentage rate of Gross Receipts.

FISCAL IMPACT:

See discussion.

RECOMMENDED ACTION:
13 Packet Pg. 156
Joint Special Meeting
CC/Harvey House/BFPD
01/17/23 05:30 PM
Building
Christopher Heldreth
Ordinance
Doc ID: 5231

COUNCIL AGENDA ITEM
Staff recommends the City Council adopt Ordinance No. 995-2022 approving Desert Bloom Holdings, LLC's application for Commercial Cannabis Cultivation, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.
13 Packet Pg. 157
271538.1
ORDINANCE NO. 995-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF BARSTOW APPROVING A CANNABIS LICENSE

APPLICATION FOR DESERT BLOOM HOLDINGS, LLC AND

DEVELOPMENT AGREEMENT WITH DESERT BLOOM

HOLDINGS, LLC FOR COMMERCIAL CANNABIS CULTIVATION
LOCATED AT 2865 LENWOOD ROAD BUILDING 1, BARSTOW,
CA 92311
WHEREAS, California voters approved Proposition 215 (Health and Safety Code Section 11362.5), entitled the Compassionate Use Act (CUA), in 1996, which exempts patients and their primary caregivers from criminal prosecution or sanctions under H&S Code Sections 11357 and 11358 for qualified use and cultivation of medical cannabis; and
WHEREAS, the California Legislature passed Senate Bill 420 (H&S Code Sections 11362.7 et seq.) in 2003 to create the Medical Marijuana Program (MMPA), which established a voluntary program for the issuance of medical cannabis identification cards for qualified patients, set limits on the amount of cannabis any individual could possess, and provided an exemption from state criminal liability for persons "who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes"; and WHEREAS, in November 2016, California voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA"), which established a state licensing and regulatory system for commercial cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery, or sale of recreational marijuana and marijuana products; and WHEREAS, on June 27, 2017, the Governor signed the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), consolidating the AUMA with previous state law regarding commercial medical marijuana activities to create one state licensing system for commercial activities related to medical and recreational marijuana; and
WHEREAS, both the AUMA and MAUCRSA authorize the City to further regulate or completely prohibit the establishment or operation of commercial marijuana activities within its limits, even such activities that may be licensed under state law; and WHEREAS, the City's power to regulate or completely prohibit commercial marijuana activities under the AUMA and MAUCRSA is consistent with the California Supreme Court's decision in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 7; and

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Packet Pg. 158 Attachment: Ord No. 995-2022 Desert Bloom Holdings LLC_redlined (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC 2 271538.1
WHEREAS, the California Attorney General's August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use recognizes that the cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that nearby homes or businesses may be negatively impacted by nuisance activity such as loitering or crime; and WHEREAS, the California Planning and Zoning Law (Gov. Code, § 65000 et seq.) authorizes the City to adopt and administer zoning laws, ordinances, rules, and regulations; and
WHEREAS, the City of Barstow passed Ordinance No. 974-2021 on June 7th 2021 to begin the process of allowing Cannabis sales; and WHEREAS, the City of Barstow passed Ordinance No. 977-2021 on October 4th 2021, adopting land use laws for Cannabis sales and requiring applicants to execute a development agreement with the City before beginning operation; and WHEREAS, no cannabis business may operate in the City of Barstow unless first issued a permit by the City; and
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code section 65864 et seq. (the “Development Agreement Statute”), which authorizes the City and an individual with an interest in real property to enter into a development agreement that establishes certain development rights in real property that is subject to a development agreement application; and
WHEREAS, the proposed project is consistent with the Barstow General Plan and the California Environmental Quality Act; and
WHEREAS, Desert Bloom Holdings, LLC proposes to improve, develop and use real property to operate Commercial Cannabis Cultivation located at 2865 Lenwood Road, Building 1 Barstow, CA 92311 (APN #0428-211-26) and has properly submitted a completed cannabis license application; and WHEREAS, City and the Desert Bloom Holdings, LLC seek to enter into a development agreement for the Project (the “Development Agreement”) pursuant to the Development Agreement Statute and all applicable local and state laws; and WHEREAS, the Planning Commission approved Resolution No. 563-2022 finding that an ordinance approving the Development Agreement will allow the City to adequately regulate and address all impacts of the Project in the City in accordance with state law; and

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Packet Pg. 159 Attachment: Ord No. 995-2022 Desert Bloom Holdings LLC_redlined (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC 3 271538.1
WHEREAS, the City Council finds that the ordinance is in the best interest of the health, welfare, and safety of the public.

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

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

Section 2. Finding Regarding the Development Agreement. Based upon the foregoing facts and findings for DA 7 the City Council hereby determines as follows:

A. DA 7 was reviewed and deemed correct and in compliance with Government Code Section 65865.2 and Chapter 19.46 of the Barstow Municipal Code; and B. DA 7, if approved, is in the best interests of the City because the cultivation increases commercial vibrancy in the City; and
C. DA 7 is consistent with the actions, goals, objectives, and policies of the City's General Plan and Zoning Regulations because the project promotes local opportunities for commerce and engagement, and
D. The application to the City was made on forms approved, and contains all information required by the Director and is filed with the Department in compliance with Chapter 19.46; and
E. The application was accompanied by all lawfully required documents, materials, and information; and,
F. With the adoption of this ordinance and development agreement and notwithstanding the requirements in Chapter 19.46 of the Barstow Municipal Code and the City’s Zoning Regulations, the City Council approves the Proposed Project.

Section 3. Approvals. In view of all the evidence and based on the foregoing findings in compliance with CEQA, the City Council approves DA [7] and grants a Notice of CEQA Exemption for the Proposed Project, subject to the Conditions of Approval in Planning Commission Resolution No. 563-2022.

Section 4. Authorization to Execute Development Agreement. Pursuant to Barstow Municipal Code Chapter 19.46, the City Council directs the City Manager and the City Attorney to prepare a development agreement embodying the terms and conditions of the Proposed Project as conditionally approved and authorizes the City Manager to execute the development agreement, which shall be substantially consistent with the proposed development agreement attached as Exhibit "A."

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Packet Pg. 160 Attachment: Ord No. 995-2022 Desert Bloom Holdings LLC_redlined (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC 4 271538.1
Section 5. CEQA. This ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines§§ 15060(c)(2), 15060(c)(3), 15061(b)(3) and 15378(b)(4). This ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; it does not involve a "project" as defined by CEQA Guidelines § 15378; and it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility this ordinance may have a significant effect on the environment. Further the City previously approved Ordinance No. 974-2021 on June 7, 2021 and Ordinance No. 977-2021 on October 4, 2021 and those Ordinances were exempt from CEQA under Business and Professions Code section 26055(h) which exempts from CEQA review the adoption of an ordinance, rule, or regulation, by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity. This Ordinance now acts to amend the Barstow Municipal Code as to procedural requirements.

Section 6. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

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

Section 8. Construction. To the extent the provisions of the Barstow Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this ordinance, they shall be read as continuations of those earlier provisions and not as new enactments.

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

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Packet Pg. 161 Attachment: Ord No. 995-2022 Desert Bloom Holdings LLC_redlined (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC 5 271538.1
PASSED, APPROVED AND ADOPTED this 17th day of January, 2023 __________________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
______________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk for the City of Barstow, California, and ex-officio Clerk of the City Council, do hereby certify under penalty of perjury that the foregoing is a true and correct copy of Ordinance No. 995-2022, which was introduced at a regular meeting of the City Council of the City of Barstow held on the 19th day of December, 2022, and adopted at the regular meeting of the City Council of the City of Barstow on the 17th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Andrea Flores, City Clerk

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Packet Pg. 162 Attachment: Ord No. 995-2022 Desert Bloom Holdings LLC_redlined (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC 271538.1
ORDINANCE NO. 995-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF BARSTOW APPROVING A CANNABIS LICENSE

APPLICATION FOR DESERT BLOOM HOLDINGS, LLC AND

DEVELOPMENT AGREEMENT WITH DESERT BLOOM

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Packet Pg. 163 Attachment: Ord No. 995-2022 Desert Bloom Holdings LLC_clean copy (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC 2 271538.1
WHEREAS, the California Attorney General's August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use recognizes that the cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that nearby homes or businesses may be negatively impacted by nuisance activity such as loitering or crime; and WHEREAS, the California Planning and Zoning Law (Gov. Code, § 65000 et seq.) authorizes the City to adopt and administer zoning laws, ordinances, rules, and regulations; and
WHEREAS, the City of Barstow passed Ordinance No. 974-2021 on June 7th 2021 to begin the process of allowing Cannabis sales; and WHEREAS, the City of Barstow passed Ordinance No. 977-2021 on October 4th 2021, adopting land use laws for Cannabis sales and requiring applicants to execute a development agreement with the City before beginning operation; and WHEREAS, no cannabis business may operate in the City of Barstow unless first issued a permit by the City; and
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code section 65864 et seq. (the “Development Agreement Statute”), which authorizes the City and an individual with an interest in real property to enter into a development agreement that establishes certain development rights in real property that is subject to a development agreement application; and
WHEREAS, the proposed project is consistent with the Barstow General Plan and the California Environmental Quality Act; and
WHEREAS, Desert Bloom Holdings, LLC proposes to improve, develop and use real property to operate Commercial Cannabis Cultivation located at 2865 Lenwood Road, Building 1 Barstow, CA 92311 (APN #0428-211-26) and has properly submitted a completed cannabis license application; and WHEREAS, City and the Desert Bloom Holdings, LLC seek to enter into a development agreement for the Project (the “Development Agreement”) pursuant to the Development Agreement Statute and all applicable local and state laws; and WHEREAS, the Planning Commission approved Resolution No. 563-2022 finding that an ordinance approving the Development Agreement will allow the City to adequately regulate and address all impacts of the Project in the City in accordance with state law; and

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Packet Pg. 164 Attachment: Ord No. 995-2022 Desert Bloom Holdings LLC_clean copy (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC 3 271538.1
WHEREAS, the City Council finds that the ordinance is in the best interest of the health, welfare, and safety of the public.

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

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

Section 2. Finding Regarding the Development Agreement. Based upon the foregoing facts and findings for DA 7 the City Council hereby determines as follows:

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Packet Pg. 165 Attachment: Ord No. 995-2022 Desert Bloom Holdings LLC_clean copy (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC 4 271538.1
Section 5. CEQA. This ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines§§ 15060(c)(2), 15060(c)(3), 15061(b)(3) and 15378(b)(4). This ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; it does not involve a "project" as defined by CEQA Guidelines § 15378; and it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility this ordinance may have a significant effect on the environment. Further the City previously approved Ordinance No. 974-2021 on June 7, 2021 and Ordinance No. 977-2021 on October 4, 2021 and those Ordinances were exempt from CEQA under Business and Professions Code section 26055(h) which exempts from CEQA review the adoption of an ordinance, rule, or regulation, by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity. This Ordinance now acts to amend the Barstow Municipal Code as to procedural requirements.

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

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Packet Pg. 166 Attachment: Ord No. 995-2022 Desert Bloom Holdings LLC_clean copy (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC 5 271538.1
PASSED, APPROVED AND ADOPTED this 17th day of January, 2023 __________________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
______________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk for the City of Barstow, California, and ex-officio Clerk of the City Council, do hereby certify under penalty of perjury that the foregoing is a true and correct copy of Ordinance No. 995-2022, which was introduced at a regular meeting of the City Council of the City of Barstow held on the 19th day of December, 2022, and adopted at the regular meeting of the City Council of the City of Barstow on the 17th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Andrea Flores, City Clerk

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Packet Pg. 167 Attachment: Ord No. 995-2022 Desert Bloom Holdings LLC_clean copy (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC - 1 -
273128.v17

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
TO:

COMMERCIAL CANNABIS BUSINESS DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF BARSTOW AND

BARSTOW OUTLET LLC AND DESERT BLOOM HOLDINGS LLC
THIS DEVELOPMENT AGREEMENT (this “Agreement”) is made and entered into this day of December 19, 2022, (the “Execution Date”), by and between the CITY OF BARSTOW, a California municipal corporation (“City”), Barstow Outlet, LLC, a Delaware limited liability company (“Owner”), and Desert Bloom Holdings, LLC, a California limited liability company (“Operator”). City, Owner, and Operator are sometimes referenced together herein as the “Parties.” In instances when a provision hereof applies to each of the Parties individually, each may be referenced as a “Party.” The Parties hereby jointly render the following statement as to the background facts and circumstances underlying this Agreement:

RECITALS
WHEREAS, the State of California enacted California Government Code Sections 65864 et seq. (“Development Agreement Statutes”) to authorize municipalities to enter into development agreements with those having an interest in real property to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development in connection with the development of real property within their jurisdiction; and WHEREAS, the purpose of the Development Agreement Statutes is to authorize municipalities, in their discretion, to establish certain development rights in real property for a period of years regardless of intervening changes in land use regulations, to vest certain rights in the Owner, and to meet certain public purposes of the local government; and WHEREAS, as authorized by the Development Agreement Statutes, City has adopted Ordinance No. 934-201 to add Barstow Municipal Code Chapter 19.46, establishing the procedures and requirements for the consideration of development agreements with City; and WHEREAS, on November 8, 2016, California voters enacted Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act, also known as the Adult Use of Marijuana Act (“AUMA”), which establishes a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical cannabis, including cannabis products, for use by adults 21 years and older, and to tax the growth and retail sale of cannabis for nonmedical use; and

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Packet Pg. 168 Attachment: Desert Bloom DA_redlined (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC Comm. Cannabis) - 2 -
WHEREAS, on June 27, 2017, Governor Jerry Brown signed into law the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), which creates a single regulatory scheme for both medicinal and adult-use cannabis businesses. MAUCRSA retains the provisions in MCRSA and AUMA that granted local jurisdictions control over whether businesses engaged in Commercial Cannabis Activity may operate in a particular jurisdiction; and WHEREAS, on June 7, 2021, the City Council of the City of Barstow adopted Ordinance No. 974-2021 to permit commercial cannabis activities in the City; and WHEREAS, on October 4, 2021, the City Council of the City of Barstow adopted Ordinance No. 977-2021 amending the zoning code to allow for commercial cannabis as a permitted use in certain zones; and
WHEREAS, Operator currently holds a legal or equitable interest in real property considered in this Agreement which has a development area approximately 12,423 rentable square feet located 2865 Lenwood Road, Building # 1, City of Barstow, State of California (the “Premises”), pursuant to a Master Lease Agreement by and between Operator and Barstow Outlet LLC (“Owner”). The Premises is located on Assessor’s Parcel Number: 0428-211-26-000, and is more fully described in Exhibit A and shown on the map in Exhibit B. Both exhibits being attached hereto and incorporated herein by this reference;
WHEREAS, presently, Operator leases the property for the purpose of state and locally licensed commercial cannabis related activities which shall include, but not be limited to cannabis cultivation, manufacturing (type 6 and type 7), distribution, (together, the “Permitted Uses” and individually, a “Permitted Use”). Such Permitted Uses shall operate in accordance with all applicable provisions of Business and Professions Code §§26000-26231.2; California Health and Safety Code Safety Code §§ 11357-11362.9 and 11362.7- 11362.85; Revenue and Taxation Code §§ 34010-34021.5; Vehicle Code §§ 2429.7 and 23222; Water Code §§ 1831, 1847, and 13276; Title 4 of the California Code of Regulations, §§ 15000, et seq.; and the City of Barstow Municipal Code as it applies to such facilities (collectively the “Applicable Cannabis Laws”). Prior to Operator operating one or more Permitted Use, Operator shall be required to obtain approval of this Agreement, a conditional use permit, and a Commercial Cannabis Permit from City, and all related state and other permits and licenses prior to the operation of same, pursuant to Barstow Municipal Code Chapter 19.27, et seq.;
WHEREAS, Operator will obtain a California State License issued, pursuant to Applicable Cannabis Laws, to operate one or more Permitted Use at the Site.

WHEREAS, on March 30 August 31, 2022, Operator applied to City for a Conditional Use Permit (“CUP”) for the Premises to permit Commercial Cannabis Activities. No such activities are allowed or authorized without a Development Agreement, the CUP, a Commercial Cannabis Permit (“CCP”), and all requirements pursuant to City Ordinance No. 977-2021, including all applicable requirements pursuant to the Barstow Municipal Code.

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Packet Pg. 169 Attachment: Desert Bloom DA_redlined (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC Comm. Cannabis) - 3 -
WHEREAS, Operator intends to develop a commercial cannabis facilities, each in compliance with one or more of the Permitted Uses on the Premises, consistent with the Applicable Cannabis Laws and Project Approvals (known as the “Project”).

WHEREAS, the Project will consist of: 1 building building, located on a single parcel, with a combined 12,423 rentable square feet, as further described in Exhibit B.

The proposed layout of the site is as shown in the attached Site Plan.

Hours of Operation: 6:00 AM to 10:00 PM for retail business hours and 24-hours for internal operations, unless limited further by Barstow Municipal Code. [X] Co-location, check if applicable:

Note MAUCRSA now authorizes a person to apply for and be issued more than one State license at one location provided the licensed premises are separate and distinct.

Operator has applied for a CCP for the following license types:
1) Cultivation - Types – Nursery, Specialty Indoor
WHEREAS, all procedures of the California Environmental Quality Act (“CEQA”), California Public Resources Code §21000 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, §15000 et seq. have been satisfied; WHEREAS, City has given public notice of its intention to adopt this Agreement and has conducted public hearings thereon pursuant to California Government Code §65867. The City has found that the provisions of this Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in City’s General Plan, zoning code and municipal ordinances;
WHEREAS, City, in entering into this Agreement, acknowledges that certain City obligations hereby assumed shall survive beyond the terms of the present Council members, that this Agreement will serve to bind City and future Councils to the obligations hereby undertaken, and that this Agreement shall limit the future exercise of certain governmental and proprietary powers of City. By approving this Agreement, the Council has elected to exercise certain governmental powers at the time of entering into this Agreement rather than defer its actions to some undetermined future date. The terms and conditions of this Agreement have undergone extensive review by City and the Council and have been found to be fair, just and reasonable. City has concluded that the pursuit of the Project will serve the best interests of its citizens and that the public health, safety and welfare are best served by entering into this obligation. Owner has represented to City that it would not consider or engage in the Project absent City approving this Agreement;
WHEREAS, City agrees that Owner’s land use entitlements for the Project shall vest for the term of this Agreement as described below;
Commented [AS1]: Medicinal Adult Use Cannabis
Regulation and Security Act

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Packet Pg. 170 Attachment: Desert Bloom DA_redlined (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC Comm. Cannabis) - 4 -
WHEREAS, After conducting a duly noticed hearing on October 10, 2022, in conjunction with City’s applicable ordinances and resolutions, the Planning Commission of the City reviewed, considered and approved environmental clearance and recommended approval of the execution of this Agreement to City Council. The Planning Commission found the Project: consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in City’s zoning laws; in conformity with the public necessity, public convenience, general welfare and good land use practices; will not be detrimental to the health, safety and general welfare of the city; will not adversely affect the orderly development of property or the preservation of property values; and will have a positive fiscal impact on City; WHEREAS, after conducting a duly noticed hearing on December 19, 2022, in conjunction with City’s applicable ordinances and resolutions, and after independent review and consideration, City Council approved the execution of this Agreement by adopting the ordinance that approves this development agreement (the “Enabling Ordinance”). The City Council found the Project:
consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in City’s zoning laws; in conformity with good land use practices; will not be detrimental to the health, safety and general welfare of City; and is in the best interest of City and its residents.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:

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Packet Pg. 171 Attachment: Desert Bloom DA_redlined (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC Comm. Cannabis) - 5 -

AGREEMENT

1. General Provisions.
a. Findings. The City hereby finds and determines that entering into this Agreement furthers the public health, safety, and general welfare and is consistent with City’s General Plan, including all text and maps in the General Plan. b. Recitals. The Recitals above are true and correct and are hereby incorporated into and made a part of this Agreement. In the event of any inconsistency between the Recitals and the provisions of Sections 1 through 24 of this Agreement, the provisions of Sections 1 through 24 shall prevail.
c. Exhibits. The following “Exhibits” are attached to and incorporated into this Agreement:

Designation Description
Exhibit A Legal Description
Exhibit B Parcel Map
Exhibit C Site and Floor Plans
Exhibit D Reservation for Dedication of Land for Public Purposes (If Applicable)
Exhibit E Operational and Additional Business
Standards (If Applicable)
Exhibit F Indemnification Agreement
Exhibit G Standards and Conditions for Construction (If Applicable)

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Packet Pg. 172 Attachment: Desert Bloom DA_redlined (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC Comm. Cannabis) - 6 -
b. Description of Property. Land situated in the City of Barstow, County of San Bernardino, State of California; whose street address is 2865 Lenwood Road, Building #1, City of Barstow, State of California (the “Premises”). The Premises is located on Assessor’s Parcel Number: 0428-211-26-0000 (the “Property”), the legal description of which is located on Exhibit A.
c. Owner and Other Person with Legal or Equitable Interest.

Owner: Barstow Outlet, LLC
Operator and Lessee: Desert Bloom Holdings, LLC
Nature of Interest held by Master Lessee: Master Lease for 10 years with Option to Renew for an additional 10 years
d. Owner Representations and Warranties. Owner represents and warrants that the Owner has consented in writing to the Permitted Uses (as defined below) and the execution and recordation of this Agreement against the Property. e. Permitted Uses. The Premises may be used for one or more, in any combination, of the permitted uses listed below (together, the “Permitted Uses” and individually, a “Permitted Use”) , as presently authorized under Barstow Municipal Code Chapter 19.27, and for any other use as may be authorized under applicable provisions of the Barstow Municipal Code, if all required City permits and state licenses are approved and maintained in full force and effect under applicable law.

License Description State License Type(s)
Cultivation Indoor Types 1A/2A/3A/5A
Cultivation Nursery Type 4
Cultivation Processor Processor
e. Zoning. Operator represents and warrants such activities outlined in its Commercial Cannabis Permit Application (“Application”) conducted pursuant to this Agreement and under the Commercial Cannabis Permit shall comply with City’s municipal code, including the zoning ordinance and any and all development and construction requirements contained therein. Owner shall not conduct any business under this Agreement or under the Commercial Cannabis Permit without having obtained all necessary permits, licenses, and approvals from City and State of California. f. Reservation or Dedication of Land for Public Purposes. Sufficient roadway, sidewalk, and utility easements shall be reserved or dedicated to City for such purposes, as depicted in Exhibit D.

3. Term, Extensions.

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Packet Pg. 173 Attachment: Desert Bloom DA_redlined (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC Comm. Cannabis) - 7 -
a. Term. This Agreement, along with the issued the Cannabis Business Permit and Conditional Use Permit shall commence on the Effective Date and it shall end five (5) years from the starting date.
b. Extension by Operator. Operator, at its sole and absolute discretion may extend this Agreement for one (1) additional five (5) year period following the expiration of the initial five (5) year term; provided that:
(i) Operator shall give written notice to City no later than one hundred twenty (120) days before the expiration of the initial five (5) year term that the Owner desires to extend this Agreement for an additional five (5) year period; (ii) Operator shows adequate evidence to City that it has a legal and/or equitable interest in the Premises and/or will have such interests for the duration of the extended term of the Agreement;
(iii) Operator shall deposit all fees per the Council-adopted fee schedule necessary for processing the extension request and drafting necessary documentation;
(iv) Operator shall comply with all provisions of Ordinance No. 977- 2021, the additional Ordinance adopting this Agreement, Barstow Municipal Code Chapter 19.27 et seq., all terms imposed by City-issued Commercial Cannabis Permit, and City-Issued Conditional Use Permit, and all other requirements of applicable City law and permits; and
(v) Operator and any approved Operators have completed and built the commercial cannabis facility contemplated by the Agreement and has commenced and continues to operate it in compliance with and shall not be in default of any provision of any applicable law, including Barstow Municipal Code Chapter 19.27, or any agreement between City and Operator relative to the development of the Premises or of any condition of approval imposed upon any entitlement granted by City relative to the development of the Premises or cannabis operations for which Owner has been given a written notice to cure by City and for which Owner has not cured or commenced to cure such default within thirty (30) days, if and as provided by such agreement or condition of approval.
c. Extension by Agreement of the Parties. The Parties may agree to extend this Agreement for additional five (5) year periods, provided that the same conditions in Section 2(a) continue to be met and that City has expressly approved a further five (5) year renewed term. The City reserves the right to conditionally approve and/or shorten the length of additional renewal periods. The City shall give at least 180 days’ notice of any proposed nonrenewal of this Agreement.

4. Development Plans. The following shall comprise the Project’s “Development

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Packet Pg. 174 Attachment: Desert Bloom DA_redlined (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC Comm. Cannabis) - 8 -
Plans”:
a. Site Plan and Floor Plan. Operator’s site plan and floor plan for the facility are attached hereto as Exhibit C and incorporated into the Application. b. Landscape Plan. A preliminary landscape plan shall be prepared by the Operator and reviewed and approved by City Manager and/or the Director of Public Works & Development Services, or their respective designees. A final landscape plan shall be prepared and submitted in conjunction with building and site improvement plans prior to issuance of building permits for construction activities. All final landscape plans must comply with the Building Code.
c. Signage Plan. An exterior signage plan shall be prepared and reviewed and approved by City Manager and/or the Director of Public Works & Development Services, or their respective designees, in accordance with the procedures and requirements of the Barstow Municipal Code.

5. Facility Operations. Operator shall comply with the below operating requirements:
a. Compliance with California Cannabis Laws. Operator will operate at all times in compliance with California Cannabis Laws and all other applicable laws. Prior to Operator conducting any Permitted Use, Operator shall be required to obtain a Commercial Cannabis Permit (a “CCP”) and comply with all requirements pursuant to such entitlements, from City pursuant to the Enabling Ordinance and Chapter 19.27 of the Barstow Municipal Code. Further, Operator shall conduct any Permitted Use in accordance with (i) California Cannabis Laws, as may be amended, (ii) the Enabling Ordinance, (iii) this Development Agreement and the Conditional Use Permit issued per its terms, (iv) a CCP, (v) the Operational and Business Standards (Exhibit E), and the Barstow Municipal Code.
b. Security Plan. Operator shall secure approval of its proposed security plan by the Barstow Police Department prior to opening. The security plan shall include, at a minimum and as appropriate, provisions for video surveillance, perimeter fencing and security, protection of the building(s) from vehicle intrusion, cash handling procedures, internal accounting controls, product handling and storage procedures, and a professionally monitored alarm system. Equipment and systems used for video surveillance and building alarms shall be approved by City.

The Project will secure the facility against unauthorized entry by installing security lights on the exterior of the building to illuminate the side yards and parking area, installing commercial-grade locks, installing an alarm and video surveillance system, establishing procedures for identifying authorized persons, establish inventory controls, and install a secure surveillance vault to maintain the integrity of records. In addition, Operator will engage a licensed security company to provide and implement an operational security plan.

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Packet Pg. 175 Attachment: Desert Bloom DA_redlined (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC Comm. Cannabis) - 9 -
Video surveillance shall include, at a minimum, all site and facility entrances and access points, all spaces accessible by the public, all secured areas of the facility with restricted access, all interior spaces and rooms where cannabis products are handled and processed, shipping and receiving areas, cash storage areas, and other areas necessary to protect the safety of employees and the public and to ensure cannabis products are received, handled, stored, packaged, shipped, and distributed in compliance with applicable state and local laws and regulations. The video surveillance system shall be web-based with direct access provided to the Barstow Police Department upon request.

The security system shall also include sensors to detect entry and exit from all secure areas, panic buttons in appropriate locations, and a professionally monitored alarm system with glass breakage sensors and motion detectors.

Operator shall employ properly trained and licensed third-party security personnel to protect the welfare and safety of Operator and their respective employees, and to ensure public safety to the neighboring community. Operator shall use security personnel twentyfour (24) hours, seven (7) days a week. Security personnel may be armed so long as proper licensing and insurance requirements are followed and met by the third-party operator providing such security services.
c. Fire Department Approval. Operator shall not operate any facility, and no permit, license, or other approval issued by City shall be valid unless and until the Barstow Fire Protection District has approved Operator’s site plan, floor plan, safety plan, and any other applicable plans that require its approval.
d. Possession of Firearms. Except for licensed and bonded security personnel, no person employed by Operator shall be in possession of any firearm while on the premises or location without having first obtained a license from the appropriate state or local agency authorizing the person to be in possession of such firearm. Every such person in possession of a firearm while on the premises or location must provide City Manager and the Barstow Police Department written notice no less than ten (10) days before bringing such firearm onto the premises, with the following:
1) A copy of the license issued to the person by the appropriate state or local agency authorizing him or her to possess such firearm; 2) A copy of his or her law enforcement identification (if he or she is employed by a law enforcement agency).
3) A copy of his or her California driver’s license or California identification card; and
4) Any other information reasonably required by the Barstow Police Department to show that the individual is in compliance with the provisions of all laws regarding the possession and use of a firearm.

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e. Identification Display. Each Operator, their respective manager, employee, and individual member engaged in any Permitted shall at all times while engaged in the duties of his or her position wear in plain sight, on his or her person and at chest level, a valid identification badge, issued by Operator.
f. Employee Background Checks/Procedures for Inventory Control to Prevent Diversion of Cannabis. Only employees who receive clearance from Operator shall be permitted to enter the Premises. Each employee will have to meet a criminal background investigation conducted by the Barstow Police Department, which at minimum shall include a LiveScan criminal history check, which City shall make a good faith effort to facilitate within a reasonable time following the application of a CCP by Operator.

Operator shall take all necessary and reasonable steps to prevent the distribution of any of its cannabis products to minors; prevent revenue from the sale or distribution of its cannabis and/or infused products from going to criminal enterprises, gangs and cartels; prevent the diversion of cannabis from California to any other state; prevent stateauthorized cannabis activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; prevent violence and the use of firearms in the course of conducting any Permitted Use; discourage and educate against drugged driving and the exacerbation of other adverse public health consequences associated with cannabis use; disavow growing cannabis on public lands that creates attendant public safety and environmental dangers posed by such illegal uses; and discourage and educate against cannabis possession or use on federal property.
g. Quality Control and Testing. Operator shall utilize quality control measures and testing to ensure only the highest quality of commercial cannabis and infused products will be produced. Operator shall inspect the product to ensure its identity and quantity and shall have a testing lab perform testing of random samples prior to distribution. Inspection and testing will be conducted by a testing lab off-site. Testing standards and procedures shall be in accordance with applicable state law and regulations.

All commercial cannabis products will undergo a quality assurance review in accordance with state law prior to distribution. Inventory procedures will be utilized for tracking and taxing purposes by the state. Operator shall employ an efficient recordkeeping system to make transparent its financing, testing, and adverse effect recording, as well as recall procedures. Operator shall employ an efficient record-keeping system that will reflect its financing, testing, and adverse effect recording and product recall procedures.
h. Packaging of Commercial Cannabis and Manufactured Cannabis Products.

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products. Infused products shall not be produced, manufactured, stored, or packaged in private homes.
j. Point of Sale Tracking System. Operator shall maintain an inventory control and reporting system that accurately documents the location of cannabis products from inception through distribution, including descriptions, weight, and quantity. The inventory control and reporting system shall comply with the California Cannabis Track and Trace (CCTT) program required by California Cannabis Laws. Operator will make such CCTT records available to City upon request.

Operator shall utilize an electronic point of sale or inventory management system approved by the State of California for all point of sales and inventory tracking from seed or inception to product distribution to other licensed commercial cannabis facilities. Such approved system shall track all commercial cannabis products, each edible, harvested flower, and/or manufactured concentrate, as well as gross sales (by weight and sale).

Operator’s point of sale or inventory management system shall have the capacity to produce historical transactional data in accordance with City's requirements. k. Record Keeping. Operator shall maintain records for all commercial cannabis and/or infused products required by California Cannabis Laws. Operator shall comply with all record-keeping responsibilities that are set forth in Barstow Municipal Code Chapter 19.27, including complete and up-to-date records regarding the amount of commercial cannabis cultivated, produced, manufactured, harvested, stored, tested, distributed, delivered or packaged at Operator’s facility]. l. Processing, Handling, Storing, and Distribution of Commercial Cannabis and Related Products. Commercial cannabis cultivation, handling, storing, and processing shall be concealed from public view at all stages of growth and processing, and there shall be no exterior evidence of cultivation or processing occurring at the premises from a public right-of-way or from an adjacent parcel. Commercial cannabis cultivation, handling, storing, processing, or distribution shall not create offensive odors; create excessive dust, heat, noise, smoke, traffic, or other impacts that are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public; or be hazardous due to use or storage of materials, processes, products, or wastes.

Operator shall store its commercial cannabis and/or commercial cannabis products in a locked safe room with T-card identification access for management only. The safe room shall be constructed of fire-rated walls with numerous cameras installed to view all entries and exits from the safe room, as well as all other activities performed within Operator’s facility. Operator will not conduct outdoor operations except as related to lawful delivery and transportation of medicinal commercial cannabis and infused products.

Operator will not store commercial cannabis or related products in its delivery vehicle outside normal operating hours of the facility.

Commercial cannabis products shall be sold or distributed only to licensed facilities in California. Excess or contaminated product will be securely stored on-site until properly

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disposed. Disposal may include composting, incineration, land-fill disposal through the local waste management hauler, or other disposal methodology in accordance with California Cannabis Laws.
m. Odor Control. All structures shall have ventilation and filtration systems installed that prevent commercial cannabis plant odors from exiting the interior of the structure. The ventilation and filtration system shall be approved by the Building Department and installed prior to commencing cultivation or manufacturing within the allowable structure. Facility air intake, exhaust, and recirculating system shall be of industrial grade. Activated charcoal, recirculating, and closed loop aeration systems will be utilized as necessary for effective odor control and management. See minimum requirements, pursuant to Municipal Code Section 5.61.280(12). n. Description of Banking Plan. Operator shall seek to open a bank account under the name of Operator or its associated management company to provide transparency for funds received, operational costs, including payroll, tax payments to the state and federal governments. Should a bank account not be forthcoming, Operator shall implement other industry standard banking and/or other industry standard transactional mechanisms. o. Transportation Plan. Operator shall comply with California Cannabis Laws regarding transportation and delivery of cannabis and cannabis products. Operator shall retain a list of names and cellular contact numbers for all employees engaged in transportation of commercial cannabis products and provide it to the applicable oversight authority, keeping the list current and up to date.

Operator will keep complete and up-to-date records documenting each transfer of commercial cannabis to other lawful cooperative corporations, including the amount provided, the form or product category in which the commercial cannabis was provided, the date and time provided, the name of the employee making the transfer, the name and address of the other lawful cooperative corporation to whom delivery is made, and the amount of any related donation or other monetary transaction.

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efforts, funding for enforcement against illegal cannabis operations, public safety, housing programs, economic development, infrastructure, capital improvements, including expansion and/or improvement to existing facilities or other physical improvements that provide a benefit to the community, support of holiday and special community events, and support of local public service, public safety, litigation defense, and special social and community organizations. This community benefits program may be implemented by City.

The City may invite public participation in the decision-making process for identifying and prioritizing community needs and benefits and identifying appropriate projects to be funded by the entity implementing this community benefits program. All projects under the community benefits program must be approved by City.

Operator agrees, as a business expense, to pay City annual payment at a rate of two dollars ($2.00) per square foot of the Premises (the “Public Benefit Fee”) payable upon issuance of each Operator’s CCP and City-issued business license, then annually thereafter upon each anniversary date. Unless initialed below by the City Manager, the Public Benefit Fee shall be deposited in full into a dedicated account set up by City in order to create, fund and implement a City-approved community benefits program. The community benefits program funds shall be spent only as directed by the City Council and shall be separately accounted for within City’s General Fund.
c. Designation of Community Relations Liaison. Pursuant to Ordinance No. 977-2021 at the time of this Agreement, Operator’s day-to-day operations manager, who is to be determined upon commencement of business operations, will be responsible for community inquiries and complaints and on-site management during normal business hours.
d. Interface with Barstow Police Department / Inspections. Operator’s dayto- day operations manager, and/or the Operator’s Community Relations Liaison who is to be determined upon commencement of business operations, will interface with the Barstow Police Department's assigned designee to ensure its operation complies with California Cannabis Laws. The City Manager, or designee, or the Barstow Police Department's assigned designee acting at City Manager’s request and per his specific and limiting instructions, shall have the right to enter all Premises from time to time unannounced during hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this Agreement, without the requirement of a search warrant, subpoena, or court order, and subject to appropriate cost recovery fees set forth in this Agreement, or adopted by City.
e. Local Recruitment, Hiring, and Training Programs. Operator is committed to making a good-faith effort to recruit, hire, and train Local residents for employment by Operator. A good-faith effort means Operator shall take the following or similar actions to recruit and employ City residents: 1) Contact local recruitment sources to identify qualified individuals who are City residents, 2) Advertise for qualified City residents in trade papers and newspapers of general circulation in the area, and 3) Develop a written plan to recruit and employ City residents as a part of its workforce. At a minimum, Operator commits to a good faith local annual hiring goal of 40% of total work hours for permanent and

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apprentice employees. This goal shall apply horizontally, across all departments and managerial positions. The Operator shall not be penalized or deemed in default under this Agreement if it is unable to achieve such a goal. “Local” is defined as within a three-mile radius of City’s boundaries. The purpose of the hiring policy is to facilitate the training and employment of Local and disadvantaged job applicants for jobs within City’s jurisdiction, and three-mile radius of City boundaries. The Operator shall report on compliance with the local hiring goals as part of its annual audit report.
f. Full-time Work. Operator shall make its best efforts to fill every position with a full-time employee. However, at no time shall Operator have a labor force that is composed of less than 50% full-time employees within its labor force, and Operator shall make a good faith effort to maintain a full-time employee level of 75%. Operator agrees to provide to its eligible employees leave benefits, health insurance benefits, and other employee benefits to the extent such benefits are required to be paid for by an employer under applicable state and federal employment laws.

7. Indemnification Agreement by each Cannabis Permittee.

Pursuant to Ordinance No 977-2021, and to the fullest extent permitted by local, state and/or federal law, City shall not assume any liability whatsoever with respect to having issued a CCP or executed this Agreement, or the Enabling Ordinance, or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any CCP and to the execution and approval of this Agreement, Operator (if operating a Permitted Use) and any Operator shall be required to meet all the conditions enumerated in the Barstow Municipal Code before each can receives a CCP and before this Agreement may be executed. The City Manager shall require Operator and each Operator execute the form Indemnification Agreement (Exhibit F) that fully indemnifies the City for all liabilities associated with the CCP, the Commercial Cannabis Permittee’s Commercial Cannabis Activities, and any action taken by the Cannabis Permittee. The Indemnification Agreement shall include the defense of the City and reimbursement of all fees, costs and expenses incurred by the City related to any action arising from this Agreement. Attached as Exhibit F, and incorporated herein by this reference, is true and correct copy of a fully executed Indemnification Agreement.

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reimbursement to City for such costs shall be due and payable within thirty (30) days of receipt. Late Fees shall be assessed pursuant to the Barstow Municipal Code provisions applicable to disputes and shall be resolved pursuant to the Municipal Code. c. Operating Fees. As used herein, “Premises” means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the Commercial Cannabis Permittee where one or more Permitted Uses will be or is conducted. The parties stipulate and agree that the square footage for the Premises upon the Effective Date of this Agreement is and shall be during the term of this Agreement:

As used herein, “Commercial Cannabis Activities” means one or more Permitted Use (e.g., cultivation, possession, manufacture, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or distribution of Cannabis and/or Cannabis Products).

As used herein, “Gross receipts” shall mean the total amount actually received or receivable in the course of business in a calendar year or calendar month from sales or the performance of acts or services for which charge is made or credit allowed. “Gross receipts” include, without limitation, all receipts, cash, credit, property received in lieu of cash, and any other valuable consideration taken in exchange for goods, services, or other valuable consideration.

As used herein, “Production Space” means the area on or within the Premises intended for Commercial Cannabis Activities excluding non-operational common areas such as restrooms, cafeterias, break rooms, hallways, corridors, vestibules, parking structures or surface street lots. The parties stipulate and agree that the square footage for the Production Space shall be determined by the City Manager in his sole and complete discretion as the Project is completed.

The City Manager is specifically authorized to set and adjust the square footage for the Production Space and to determine the corresponding operating fee as the Project is completed.
1) Each Operator agrees to pay to City, in order to enable City to promote, protect, and enhance the healthy, safety, and welfare of the community and its residents and its quality of life, the following fees, if holding a Cannabis Cultivation Permit or Cannabis Manufacturing Permit: a yearly operating fee of Five Dollars ($5) per square foot of the Premises. Fees shall be paid no later than December 31st of every year beginning in the year each Operator receives its CCP and shall be prorated commensurate with the number of months such Operator had its CCP. Failure to pay the fee within thirty (30) days after the due date shall result Address Building No. Size (SF)
2865 Lenwood Rd Building 1 12,423

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in an additional penalty for nonpayment in a sum equal to twenty-five percent (25%) of the total amount due.

Operator agrees to pay to City, in order to enable City to promote, protect, and enhance the healthy, safety, and welfare of the community and its residents and its quality of life, and shall pay the following fees, if holding a Cannabis NonStorefront Retail Delivery Permit or Cannabis Storefront Retail Permits shall pay:
2) a monthly operating fee(s) of three percent (3%) of Gross Receipts for operations from the Cannabis Non-Storefront Retail Delivery Permits and Cannabis Storefront Retail Permits, to be paid monthly. Fees shall be due to the City on first (1st) of the month. Failure to pay the fee within thirty (30) days after the due date shall result in an additional penalty for nonpayment in a sum equal to twenty-five percent (25%) of the total amount due.

Facilities with multiple licenses must not commingle respective sales proceeds, and blend percentage rate of Gross Receipts.
d. Operator understands and agrees that the fees set forth above shall be paid in a manner and in accordance with a payment schedule set or modified by City. The cultivation, manufacturing, testing, distribution, and delivery space to which the fee applies is as identified on the attached floor plan.
e. If Operator makes any changes to the interior layout of the facility that increases the amount of space allocated to those uses to which the per-square- foot fee applies, Operator shall notify City of such changes at least fourteen (14) calendar days prior to making such changes, and the per-square-foot fee shall be modified accordingly. If Operator fails to give City notice as required herein, Operator shall be responsible for paying to City a per-square-foot fee based on any increase in the amount of space allocated to those uses to which the per-square- foot fee applies retroactive to the date the CCP became effective.

9. Cost Recovery Fee. In addition to the applicable application fees, community benefits payment, and City operating fees, Operator agrees to pay, and City shall assess to each Operator respective fees to recover City’s reasonable processing and monitoring costs (“CRF”) relating to Operator’s business upon issuance of Operator’s Manufacturing, Cultivation, Testing, Distribution, Non-Storefront Retailer Delivery, and Microbusiness Permits or any Additional Permits. CRF is separate and apart from any operating fees set forth in Article 8. Operator shall pay all such fees per the cannabis fee scheduled as adopted by the City Council by Resolution. a. Processing Fees. Processing fees for the Application are based upon the direct and indirect costs that City incurs in reviewing the Application. The processing fees for the Application shall be based only on costs that are reasonably necessary for processing the Application and implementing the Ordinance, including staff time, legal fees, and consultant fees.

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b. Annual Regulatory and Monitoring Fees. Annual Regulatory and Monitoring fees for the Manufacturing, Cultivation and Distribution Permits are based upon the direct and indirect costs City incurs in confirming the use of the Premises in accordance with the municipal code, the Ordinance, this Agreement, and the Application.

The monitoring fees shall be based only on costs that are reasonably necessary for conducting these reviews.
c. Billing and Payment. The City may elect to bill the Operator the Initial CRF on the first day of the month following the Effective Date of this Agreement. Thereafter, City shall bill Operator, or Owner if Owner and Operator are the same entity, the CRF on the first day of each Quarter with an invoice providing the time spent by City and its representatives. Operator shall pay the CRF invoice within thirty (30) days of the invoice date.
d. Disputes. If Operator disagrees with the dollar amount provided by City on the CRF invoice, Operator may submit a written request before the disputed fee is due for a substitution of alternative CRF invoice to the City Manager. The written request must include supporting documentation. After review of the written request, Operator and City shall work, in good faith to resolve the dispute.

10. Additional Operator Obligations.
a. Reporting of Gross Receipts from Operations.
1) Quarterly Receipts. No later than three (3) months after execution of this Agreement, , and every three months thereafter, Operator shall deliver to City a report (the “Quarterly Report”) showing the following information for the cannabis business authorized under this Agreement: (i) Gross Receipts from operations for the immediate prior three months received by Operator, and a cumulative total of all amounts of Gross Receipts from Operations received by Operator for the calendar year, (ii) a calculation of the quarterly payment due to City for the prior three months, and (iii) a calculation of the cumulative total of all quarterly payments for the calendar year.
2) Statement of Receipts/Annual Audit. Each Operator shall keep complete, accurate and appropriate books and records of all receipts from all cannabis business operations in accordance with generally accepted accounting principles. For purposes herein, “books and records” shall mean all bookkeeping or accounting documents each Operator typically utilizes in managing its business operations relating to the Project. Such books and records, as well as all other relevant documents as the City Manager may reasonably require, shall, upon reasonable written notice, be open for inspection by City, its auditors, or other authorized representatives. If at any time during the term such books and records prove inadequate in the reasonable judgment of City to record the Gross Receipts from Operations as herein required, each Operator shall, upon the written request of the City, procure and maintain such books and records as shall be of a character

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and from adequate for such purpose. City shall have the right to audit and examine such books, records and documents and other relevant items in the possession of such Operator, on no less than an annual basis, or at any time upon reasonable request by the City, to the extent necessary for a proper determination of Gross Receipts from Operations, and all such books, records, documents and other items shall be held available for such audit and examination. The City’s audit shall be performed by a non-contingency fee independent auditor approved in advance by the City. Upon request by City, each Operator shall make all such books, records, and documents available to the City Manager, his designee, or to the City approved auditor, and provide removable copies thereof, within thirty (30) of the date of City’s request. Each Operator shall pay all costs of such audits. Each Operator shall preserve such books, records, documents, and other items in Barstow for a period of not less than one (1) years for the purpose of auditing or re-auditing these accounts upon reasonable notice; except that, if an audit is made within the sevenyear period and each Operator claims that errors or omissions have occurred, the books and records shall be retained and made available until those matters are resolved. City shall keep strictly confidential all statements of revenue furnished by each Operator and all other information concerning such Operator’s operation of the Premises obtained by City as a result of the inspection audit and examination privileges of City hereunder, except as otherwise required by law. If City receives a request for such information pursuant to the Public Records Act (California Government Code Section 6250, et seq.), City shall provide each Operator notice of any such request prior to disclosing any such information and afford such Operator the opportunity to obtain a protective order. Within seven (7) years after the receipt of any statement of receipts under this Agreement, City at any time shall be entitled to carry out an audit of such revenue either by City or agent to be designated by City. If it shall be determined as a result of such audit that there has been a deficiency in any payment due under this Agreement made on the basis of such statement, then such deficiency shall become immediately due and payable within thirty (30) days of such determination.
3) Copies of Tax Filings. Each Operator shall provide the City with courtesy copies of each and every CDTFA Quarterly report such Operator is required to provide to the California Department of Tax and Fee Administration for sales and use tax, Cannabis Excise Tax, and/or Cannabis Cultivation Tax, at the time such filings are made. This reporting obligation is imposed on the cannabis business Operator, or Owner if Owner and Operator are the same entity, and not on the Owner if the Owner is solely a landlord and not also a listed permittee or operator of the cannabis business.
b. Future Revenue Mechanisms. During the term of this Agreement, if the City imposes (by Citizen Initiative or otherwise) an alternative revenue mechanism specifically related to cannabis operations (e.g., a cannabis tax), Operator and City agree to renegotiate in good faith the terms of this Agreement so as to conform the aggregate Public Benefit Fees and Operating Fees payable by an Operator with any alternative revenue mechanism approved by voters. As used in this section, “alternative revenue mechanism” does not

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include taxes, fees, or assessments levied on or collected from both cannabis and noncannabis operations.

11. Insurance and Indemnity.
a. Insurance. Each Operator shall require all persons doing work on the Project, including its contractors and subcontractors (“Contractors”)to obtain and maintain insurance of the types and in the amounts described in this section and its subsections with carriers reasonably satisfactory to City.
b. General Liability Insurance. Each Operator shall maintain commercial general liability insurance or equivalent form with a limit of not less than One Million Dollars ($1,000,000) per claim and Two Million Dollars ($2,000,000) each occurrence.

Such insurance shall also:
1) Name City, its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives as “Additional Insureds” by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the abovelisted additional insured. 2) Be primary with respect to any insurance of self-insurance programs covering City, its officials, employees, agents, and representatives. 3) Contain standard separation of insured provisions.
c. Automotive Liability Insurance. Each Operator shall maintain business automobile liability insurance or equivalent form with a limit of not less than One Million Dollars ($1,000,000) for personal injury for each accident for the vehicles Operator operates in connection with its cannabis business. Such insurance shall include coverage for owned, hired, and non-owned automobiles. Such insurance shall also:
1) Name City, and work in good faith with the City and the insurers to name additional insureds as deemed reasonably necessary. “Additional Insureds” by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the abovelisted additional insureds. 2) Be primary with respect to any insurance or self-insurance programs covering City, its officials, employees, agents, and representatives. 3) Contain standard separation of insured provisions.
d. Workers’ Compensation Insurance. Each Operator shall take out and maintain during the term of this Agreement, workers’ compensation insurance for all of such Operator’s employees employed at or on the Project, and in the event any of the work

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is subcontracted, Operator shall require any general contractor or subcontractor similarly to provide workers’ compensation insurance for such contractor’s or subcontractor’s employees, unless such employees are covered by the protection afforded by such Operator.

In case any class of employee engaged in work on the Project is not protected under any workers’ compensation law, such Operator shall provide and shall cause each contractor and subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Each Operator hereby indemnifies City for any damage resulting from failure of such Operator, its agents, employees, contractors, or subcontractors to take out or maintain such insurance. Workers’ compensation insurance with statutory limits and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) each accident shall be maintained.
e. Other Insurance Requirements. Operator shall do all of the following:
1) Prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance that clearly evidenced all insurance required in this Article, including evidenced that such insurance will not be canceled, allowed to expire, or be materially reduced in coverage without thirty (30) days prior written notice to City.
2) Provide to City, upon request, and within seven (7) calendar days of said request, certified copies of endorsements and policies, and properly executed certificates of insurance evidencing the insurance required herein. 3) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior the termination of this Agreement.
4) Maintain all insurance required herein from the Effective Date of this Agreement to the earlier of the expiration of the term or the mutual written termination of this Agreement.
5) Place all insurance required herein with insurers licensed to do business in California with a current Best’s Key Rating Guide reasonably acceptable to City.
f. Indemnification. Operator shall execute the form Indemnification Agreement attached as Exhibit F, thereby agreeing to indemnify, defend, and hold City, and its elected and appointed council, boards, commissions, officers, agents, employees, contractors, consultants and representatives, harmless from any and all claims costs and liability for any personal injury or property damage which may arise as a result of any actions or negligent omissions by Operator or Master Lessee’s contractors, subcontractors, agents, or employees in connection with the construction, improvement, or operation of the Project.

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12. Termination.
a. Termination Upon End of Term. This Agreement shall terminate upon the expiration of the Term unless it is terminated earlier pursuant to the terms of this Agreement. Upon termination of this Agreement, City shall record a notice of such termination and this Agreement shall be of no further force or effect except as otherwise set forth in this Agreement.
b. Effect of Termination on Operator’s Obligations. Termination of this Agreement shall eliminate any further obligation of Operator to comply with this Agreement, or some portion thereof, if such termination relates to only part of the Premises or Project. Termination of this Agreement, in whole or in part, shall not, however, eliminate the rights of Operator to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination.
c. Effect of Termination on City’s Obligations. Termination of this Agreement shall eliminate any further obligation of City to comply with this Agreement, or any portion thereof. Termination of this Agreement shall not, however, eliminate the rights of City to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination.
d. Survival After Termination. The rights and obligations of the Parties set forth in Section 10, Section 16, Section 22, and Section 24 and any right or obligation of the Parties in this Agreement which, by its express terms or nature and context is intended to survive termination of this Agreement, will survive any such termination. e. Termination Upon Failure to Perform. Operator shall have two (2) years after the Effective Date to commence operation of the commercial cannabis facility contemplated by this Agreement. Failure Operator to commence commercial cannabis operations within that two-year time period may constitute a default and City shall have the right, but not the obligation, to exercise its default remedies under Section 15. The Parties agree to negotiate in good faith regarding any reasonably necessary extensions of this deadline for good cause, such as may be shown as a result of circumstances delaying commencement of operations beyond the control of Operator.

13. Resources Efficiency. Each Operator shall endeavor to reduce its environmental impact when possible. The design of the facility shall include reasonable water and energy conservation measures in accordance with applicable State regulations.

14. Standard Conditions for Construction. During any on-site construction activities related to development of the project site and any buildings thereon, or renovation or remodeling of existing buildings, Operator shall comply with all applicable terms and conditions attached hereto and incorporated herein by reference as Exhibit G. The Project shall comply with the applicable parking standards established by the City for cannabis activities.

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15. Defaults and Remedies.
a. Remedies in General. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure to delay by either party to perform any term or provision of this Agreement beyond a reasonable notice and cure period shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) day notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. Notwithstanding the foregoing to the contrary, if the alleged default is of such a nature that it cannot be cured within thirty (30) days, the alleged defaulting party shall not be deemed in default as long as such party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion.

After notice and expiration of the thirty (30) day period without a cure of such default, the other party to this Agreement, at its option, may terminate the Agreement or institute legal proceedings pursuant to this Agreement.

In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City shall not be liable in monetary damages, to Operator, to any mortgagee or lender, or to any successors in interest of Operator or mortgagee or lender, or to any other person, and Operator covenants on behalf of itself and all successors in interest to the Premises or any portion thereof, not to sue for damages or claim any damages.
1) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
2) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this Agreement, including, without limitation, any impairment or restriction which Operator characterizes as a regulatory taking or inverse condemnation; or
3) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.
b. Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other non- monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons:

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1) Money damages are unavailable against City as provided in Section 15(a) above.
2) Due to the size, nature, and scope of the Project, it may not be practical or possible to restore the Premises to its natural condition once implementation of this Agreement has begun. After such implementation, Operator may be foreclosed from other choices it may have had to use the Premises or portions thereof. Operator has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Operator for its efforts. By the same token, in the event that City issues any permit or other approval for a structure, and the public facilities, improvements, and infrastructure reasonably necessary to provide an adequate level of public services to that structure are not timely completed or Operator otherwise fails to carry out its obligations under this Agreement, then it would not be possible to determine a sum of money that would adequately compensate City for the resulting hardship.

For the above reasons, City and Operator and agree that, notwithstanding any other language in this Agreement, damages would not be an adequate or appropriate remedy if City fails to carry out its obligations under this Agreement. Therefore, specific performance of this Agreement is the only remedy which would compensate Operator if City fails to carry out its obligations under this Agreement, and City hereby agrees that Operator shall be entitled to specific performance in the event of a default by City hereunder. Further, specific performance of this Agreement is the only remedy which would compensate City if Operator fails to carry out their obligations under this Agreement, and Operator hereby agree that City shall be entitled to specific performance in such event. c. Release. Except for those remedies set forth in Sections 15(a), 15(b), and this 15(c), Operator, for itself, its successors and assignees, hereby releases City, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, based or asserted, pursuant to Article 1, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon City because it entered into this Agreement or because of the terms of this Agreement.

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“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Operator hereby waives, to the maximum legal extent, the provisions of California Civil Code Section 1542 and all other statutes and judicial decisions of similar effect. d. Attorneys’ Fees and Costs. In any action or proceeding between City and Operator brought to interpret or enforce this Agreement, or which in any way arises out of the existence of this Agreement or is based upon any term or provision contained herein, the “prevailing party” in such action or proceeding shall be entitled to recover from the non-prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this Agreement, the prevailing party’s reasonable attorneys’ fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section 14(e) include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding.
e. Default. No building permit shall be issued or building permit application accepted for Operator for any structure on the Premises after Operator is determined by City to be in default of the terms and conditions of this Agreement until such default thereafter is cured such defaulting party or is waived by City. If City terminates this Agreement as to any Operator because of such Operator’s default, then City shall retain any and all benefits, including money or land received by City hereunder.

16. Third Party Litigation.
a. General Plan Litigation. City has determined that this Agreement is consistent with its General Plan and all applicable special plans. Operator has reviewed the General Plan and concurs with City’s determination.

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Operator’s contractors, subcontractors, agents, or employees operations under this Agreement. Operator agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations.
c. Indemnification. Operator shall defend, indemnify, and hold harmless City and its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants, and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys’ fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Premises, and all activities conducted under such entitlements; (ii) the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Premises; (iii) any claims based on or alleging inverse condemnation by any person or entity with an interest in the Premises; and (iv) the proceedings undertaken in connection with the adoption or approval of any of the above.

In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, City, at is sole option, may tender the complete defense of any third-party challenge as described herein. In the event City elects to contract with special counsel to provide for such a defense, City shall meet and confer with Operator regarding the selection of counsel, and Operator shall pay all costs related to retention of such counsel. d. Environmental Contamination. Operator shall indemnify and hold City, its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees free and harmless from any liability, based or asserted, upon any act or omission of Operator, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting and acts or omissions of City as successor to any portions of the Premises dedicated or transferred to City by Operator, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Premises, including, but not limited to, soil and groundwater conditions, and Operator shall defend, at its expense, including attorneys’ fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense of any such claim, action or proceeding. e. City to Approve Counsel. With respect to Sections 16(a) through 16(d), City shall approve any counsel which Operator selects, hires, or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld.

17. California Environmental Quality Act. Operator shall reimburse City for any

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and all costs incurred by City related to project review under the California Environmental Quality Act (CEQA), Public Resources Code, §§21000-21189.3, and the Guidelines for California Environmental Quality Act, California Code of Regulations, Title 14, §§15000-15387. If reasonably requested by City, Operator shall conduct and pay for any required CEQA reviews and analyses.

18. Rules, Regulations, and Official Policies. Except as otherwise provided in this Agreement, the rules, regulations, and official policies of City governing permitted uses of the land, governing density, and governing the design, improvements, and construction standards and specifications applicable to the development of the Project subject of this Agreement, shall be those rules, regulations, and official policies of City in force at the time of the execution of this Agreement. This Agreement does not prevent City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor does this Agreement prevent City from denying or conditionally approving any subsequent development project application based on such existing or new rules, regulations, or policies.

19. Commercial Cannabis Permit Conditions of Approval. Operator shall comply with all conditions of approval of the City-issued Commercial Cannabis Permit and Conditional Use Permit.

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of any business at all times shall be required to comply with the terms of this Agreement and Operator’s CUP and CCP. Operator acknowledges and covenants that the CUP obtained by Operator via this Agreement shall run with the Premises and that this Agreement is binding upon, and the benefits of this Agreement inure to, all authorized successors-in-interest of the Owner, as landlord, as applicable and approved by the City via the assignment approval provisions of Section 21.
c. Special Review. City Council may order a special review of compliance with this Agreement at any time. The City Manager or his or her designee shall conduct such special review. During a special review, Operator shall be required to demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on Operator.
d. Special Review Hearing. At the time and place set for the review hearing, Operator shall be given an opportunity to be heard. If City Council finds, based upon clear and convincing evidence, that Operator has not complied in good faith with the terms or conditions of this Agreement, City Council may terminate this Agreement as to such party notwithstanding any other provision of this Agreement to the contrary, or modify this Agreement as to such party and impose such conditions as are reasonably necessary to protect the interests of City. The decision of City Council shall be final, subject only to judicial review pursuant to Code of Civil Procedure Section 1094.5. e. Certificate of Agreement Compliance. If, after a periodic or special review, Operator is found to be in compliance with this Agreement, and if Master Lessee and/or any Operator requests it, City shall issue a Certificate of Agreement Compliance (“Certificate”) to such requesting party stating that after the most recent periodic or special review, and based upon the information known or made known to the City Manager and City Council, that (i) this Agreement remains in effect and (ii) Operator is not in default.

City shall not be bound by a Certificate if a default existed at the time of the periodic or special review but was concealed from or otherwise not known to the City Manager and City Council, regardless of whether the Certificate is relied upon by assignees or other transferees or Operator.
f. Failure to Conduct Review. City’s failure to conduct a periodic review of this Agreement shall not constitute a breach of this Agreement. g. Cost of Review. The costs incurred by City in connection with the periodic reviews shall be borne by Operator subject to such review.

21. Assignment by Owner, Master Lessee or Operator. Owner or Operator shall not transfer, delegate, sublet or assign its interest, rights, duties, and obligations under this Agreement without the prior written consent of City Council, which consent shall not be unreasonably withheld. Owner or Operator shall submit a transfer application to the City Manager or City Manager’s designee and pay any applicable transfer fee. The proposed transferee must show proof of lawful transfer of possession of the applicable location as may be acceptable to the City. Owner or Operator acknowledges it may take the City approximately three (3) months to process a transfer

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application.

Any assignment, delegation, subletting or assignment without the prior written consent of City Council shall be null and void. Any transfer, delegation, subletting or assignment by Owner or Operator as authorized herein shall be effective only if and upon the party to whom such transfer, delegation, subletting, or assignment is made is issued a CCP as required under the Barstow Municipal Code.

22. Operating Commercial Cannabis Facility. Any party to this Agreement, or successor in interest thereto, including Operator, shall not operate a commercial cannabis facility authorized under the municipal code unless:
a. It is the holder of a valid CCP issued by City in accordance with the procedures and requirements or the Enabling Ordinance, and Chapter 19.27 of the Barstow Municipal Code; and,
b. It is the holder of a valid license issued by the State of California to operate a commercial cannabis business.

23. Notice. Any notice or communication required hereunder between City and Operator must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City: City of Barstow
220 E. Mountain View Street, CA 92311
Attention: City Manager
With courtesy copy to: City Attorney
790 E. Colorado Boulevard, Suite 850
Pasadena, California 91101
If to Owner: Barstow Outlet LLC
910 Broadway Ave, Suite 110
Santa Monica, CA 90401
Attn: Farhad Abolfathi

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[email protected]
With courtesy copy to: Baker, Burton & Lundy, P.C.
515 Pier Ave.

Hermosa Beach, CA 90254
Attn: Mary G. Korkodian
[email protected]
If to Operator: Desert Bloom Holdings, LLC
1007 S. Central Ave Ste. 206
Glendale, CA 91204
With courtesy copy to: Weinberg Gonser Frost LLP
10866 Wilshire Bvld., Sutie 1650
Los Angeles, CA 90024
Attn: Michael Jensen
[email protected]

24. Miscellaneous Provisions.
a. Amendment or Cancellation. This Agreement may be amended, or canceled in whole or in part, only by the written mutual consent of the parties to this Agreement or their successors in interest, except those minor amendments that do not affect a substantive provision of this Agreement may be approved by the City Manager on behalf of the City.

The decision whether a proposed amendment is “minor” shall be in the exclusive discretion of the City Manager.
b. Waiver. Waiver by City of any one or more of the terms or conditions of this Agreement shall not be construed as waiver of any other term or condition under this Agreement.
c. Enforcement/Reserved Powers. Unless amended or canceled pursuant hereto, this Agreement shall be enforceable by any party hereto, or successor in interest thereto, notwithstanding any subsequent change in any applicable general or specific plan, zoning, subdivision or building regulation, or municipal code amendment adopted by City that conflicts with the terms of this Agreement. However, this Agreement is subject to the City's “Reserved Powers.” For purposes of this Agreement, “Reserved Powers” means the rights and authority excepted from this Agreement's restrictions on the City's police powers and which are instead reserved to the City. The Reserved Powers include the powers to enact regulations or take future discretionary actions after the Effective Date of this Agreement that: (1) are necessary to protect the public health and safety, and are generally applicable on a City-wide basis (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God); (2) are amendments to California Cannabis Laws or California Uniform Codes, as adopted by the City of Barstow, and/or the Barstow Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the

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Premises; (3) are necessary to comply with state or federal laws and regulations; or (4) involve sign and parking ordinances and guidelines, changes to the City’s zoning laws, Specific Plan or the City's General Plan, whether adopted previous or subsequent to the Effective Date of this Agreement).

If any City ordinance, rule or regulation or addition to the Barstow Municipal Code is enacted or imposed by a citizen-sponsored initiative or referendum after the Effective Date that would conflict with this Agreement or an associated Commercial Cannabis Permit, business license or other authorizations and City approvals, or reduce development rights or assurances provided to the Operator in this Agreement, then such changes, additions or deletions to the Barstow Municipal Code shall not be applied to the Premises or Project; provided, however, the parties acknowledge that the City's approval of this Agreement is a legislative action subject to referendum. The parties shall cooperate with each other and undertake such reasonable actions as may be appropriate to ensure this Agreement remains in full force and effect and is implemented in accordance with its terms and to the fullest extent permitted by state or federal law.

Notwithstanding anything to the contrary in this Agreement, site improvements contemplated by this Agreement shall be completed pursuant to the development standards and design guidelines applicable at the time of development. e. Joint and Several Liability. Operator shall be jointly and severally liable for any amount due under this Agreement, and any breach of this Agreement or failure to pay by one Party shall also constitute a breach of this Agreement by the other Party. f. Severability. If any part of this Agreement is found to conflict with applicable state laws or regulations, such part shall be inoperative, null, and void insofar as it conflicts with said laws or regulations or modified or suspended as may be necessary to comply with such state laws or regulations, but the remainder of this Agreement shall continue to be in full force and effect.
g. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. The execution of this Agreement may be by actual, facsimile, or electronic signature.
h. Jurisdiction. The law governing this Agreement shall be that of the State of California. Any suit brought by any party against any other party arising out of the performance of this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, shall be filed and maintained in the County of San Bernardino Superior Court.
i. Disclaimer. Despite California Cannabis Laws and the terms and conditions of this Agreement, any CUP, or any CCP issued pertaining to Operator, or the Premises, California commercial cannabis cultivators, transporters, distributors, or possessors may still be subject to arrest by state or federal officers and prosecuted under state or federal

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law. The Federal Controlled Substances Act, 21 USC § 801, et seq., prohibits the manufacture, distribution, and possession of cannabis without any exemptions for medical use.
j. Force Majeure. If delays are caused by unforeseen events beyond the control of Operator, such delays will entitle Operator to an extension of time as provided in this section. Such unforeseen events (“Force Majeure”) shall mean war, insurrection, acts of God, local, state or national emergencies, strikes and other labor difficulties beyond the party’s control, or any default by City hereunder, which Force Majeure event substantially interferes with the development, construction or operation of the Project. k. Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title, or interest to any portion of the Premises, is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Premises, and all rights and interests of such person in the Premises shall be subject to the terms, requirements, and provisions of this Agreement.
l. Binding Effect of Agreement. The Parties agree that the Recitals above are true and correct and intend to be bound by same. Except as otherwise provided, the burdens of this Agreement are binding upon, and the benefits of this Agreement inure to, all authorized successors-in-interest of the Parties and constitute covenants which run with the Premises. In order to provide constructive notice thereof, the City Clerk will record this Agreement with the San Bernardino County Recorder within the period required by Government Code Section 65868.5.
m. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and Operator is that of a government entity regulating the development of private property and developer of such property.
n. Changes to Project. The Parties acknowledge that changes to the Project or Development Plans and related approvals may be appropriate and mutually desirable to carry out the intent and purpose of this Agreement. This Agreement shall not prevent the City from applying, with the consent or at the request of Operator, Subsequent Land Use Regulations or Subsequent Development Approvals that do not directly conflict with the Project, Premises or Development Plan authorized under this Agreement. The granting of one such change, or request shall not obligate the City to grant other similar changes or requests. As used herein, “Subsequent Development Approvals” include, without limitation, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or

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other non-discretionary permits or approvals necessary, convenient or appropriate for the Project. As used herein, “Subsequent Land Use Regulations” means ordinances, resolutions and codes adopted or approved by the City after the Effective Date of this Agreement governing the development and use of the land, including general plan amendments, zone changes, variances or conditional use permits affecting the permitted use of the land including density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions of reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Premises.
o. Conflicting Federal or State Rules. In the event that any conflicting federal or state laws or regulations, enacted after the Effective Date, prevent, or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, this Agreement shall remain in full force and effect as to those provisions not affected; and
(i) Notice of Conflict. Either party, upon learning of any such matter, will provide the other party with written notice thereof and provide a copy of any such law, regulation, or policy together with a statement of how any such matter conflicts with the provisions of this Agreement; and
(ii) Modification Conferences. The parties shall, within thirty (30) days of the notice referenced to in the preceding subsection, meet and confer in good faith and attempt to modify this Agreement to bring it into compliance with any such federal or state law or regulation.
(iii) City Council Hearings. In the event the City believes that an amendment to this Agreement is necessary due to the effect of any federal or state law or regulation, the proposed amendment shall be scheduled for hearing before the City Council. The City Council shall determine the exact nature of the amendment necessitated by such federal or state law or regulation. Operator shall have the right to offer oral and written testimony at the hearing. Any modification ordered by the City Council pursuant to such hearing is subject to judicial review in accordance with California law. (iv) Minor Amendments. A minor modification is a modification that does not modify the material terms of this Agreement including (1) the Term; (2) Facility Operations; (3) Indemnification; and (4) Fees. Minor Modifications shall not require a public hearing prior to execution of the modification to this Agreement. Either Party may propose a minor modification, consent to which shall not be unreasonably withheld, conditioned or delayed by the other Party.

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requested modification is minor modification that is consistent with applicable law and tends to promote the goals of this Agreement, the proposed modification will be approved by the City as a minor modification, and a written modification will be executed by the Parties and attached to this Agreement. Any such minor modification shall not be deemed an “amendment” to this Agreement under Government Code Section 65858.
(v) City Cooperation. The City shall cooperate with Operator in securing any City permits, licenses or other authorizations that may be required as a result of any amendment resulting from actions initiated by the City. As required by this Agreement, Operator shall be responsible to pay all applicable fees in connection with securing of such permits, licenses, or other authorizations.
q. Effective Date. “Effective Date” means the date on which all of the following are true: (i) thirty (30) days have elapsed since the second reading of the Ordinance adopting and approving this Development Agreement and (ii) all Exhibits to this Agreement are finalized, executed and notarized by all affected parties (if applicable) and attached hereto; provided, however, that if these conditions have not been fully satisfied by Operator the Effective Date may not thereafter occur and this Agreement may not thereafter become effective.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.

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-
“CITY”
Date: _______________, 2022

CITY OF BARSTOW,
a California Municipal Corporation
By:

Its: Mayor
Attest:
______________________________
City Clerk
Approved to as Form:
______________________________
City Attorney
“OPERATOR”
Date: , 2022
Desert Bloom Holdings, LLC a California limited liability company By:

Its:

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-
OWNER

BARSTOW OUTLET, LLC
a Delaware limited liability company
By:

Its:

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EXHIBIT A

LEGAL DESCRIPTION
[INSERT LEGAL DESCRIPTION]

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EXHIBIT B

PARCEL MAP
[INSERT PARCEL MAP]

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EXHIBIT C

SITE AND FLOOR PLANS

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EXHIBIT D

RESERVATION OR DEDICATION OF LAND FOR PUBLIC PURPOSES (IF APPLICABLE)

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EXHIBIT E

OPERATIONAL AND ADDITIONAL BUSINESS STANDARDS (IF APPLICABLE)

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EXHIBIT F.

INDEMNIFICATION AGREEMENT

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EXHIBIT G

STANDARDS AND CONDITIONS FOR CONSTRUCTION (IF APPLICABLE)

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EXHIBIT H
[reserved]

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EXHIBIT I

ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (“Agreement”) is made and entered into this ___ day of _______ , _______, by and between the CITY OF BARSTOW, a municipal corporation of the State of California (“City”), and Desert Bloom Holdings, LLC, a California limited liability company (“Developer” or “Assignor”), _________________ , a California corporation/limited liability company (“Assignee”). City, Assignors, or Assignee may be referred to herein individually as a “Party” or collectively as the “Parties.” There are no other parties to this Agreement.

RECITALS
A. City and Assignor entered into a development agreement, dated March [*], 2022, for the development of property located in the City of Barstow, County of San Bernardino, State of California, Assessor’s Parcel Number: 0428-211-26-0000, commonly known as 2552 Mercantile Way, Barstow, CA 92311 (“Development Agreement”); B. Pursuant to the Development Agreement, Assignor may transfer all or part of its rights, title, and/or interests in all or a portion of Premises, or Project, as those terms are defined in the Development Agreement, to any person, firm, corporation, or entity during the Term of the Development Agreement only with the advance written consent of the City Council, who shall not unreasonably withhold or condition such consent;
C. Assignor desires to transfer to Assignee some or all of Assignors’ rights and obligations under the Development Agreement, in accordance with Article 9, Section 9.1 of the Development Agreement;
D. Assignee desires to assume some or all of Assignor’s rights and obligations under the Development Agreement;
E. The City Council has agreed to permit Assignors’ transfer of some or all of Assignor’s rights and obligations under the Development Agreement to Assignee, and to Assignee’s assumption of same, subject to the terms and conditions specified in this Agreement; F. The Parties intend through this Agreement to allow Assignors to transfer, and Assignee to assume, some or all of Assignors’ rights and obligations under the Development Agreement.

G. The City Council has conducted all necessary proceedings in accordance with City’s Municipal Code for the approval of this Agreement and this Assignment, including finding that the Development Agreement continues to be in full force and effect and that Assignor and Assignee are not currently in default under the Development Agreement nor the subject of a Notice of Violation regarding violations of any applicable law issued by the City of Barstow or any other government entity with jurisdiction.

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AGREEMENT
Section 1. Assignment. Assignors hereby assign to Assignee (all/some) of Assignors’ rights and obligations under the Development Agreement. If Assignor is transferring only some of Assignor’s rights and obligations under the Development Agreement, then the specific rights and obligations subject to transfer shall be specified in Exhibit l, attached hereto and incorporated herein by this reference.

Section 2. Assumption. Assignee hereby accepts and assumes the foregoing transfer or assignment of (all/some) of Assignors’ rights and obligations under the Development Agreement.

Section 3. Consent. In accordance with Section 21 of the Development Agreement, the City Council hereby consents to Assignors’ transfer of, and Assignee’s assumption of, Assignor’s rights and obligations under the Development Agreement, as specified herein, subject to any reasonable terms and conditions the City Council may require, as set forth in Exhibit 2, attached hereto and incorporated herein.

Section 4. Conditions of Assignment. The Parties hereby agree to abide by the terms or conditions of assignment, if any, set forth in Exhibit 2, and acknowledge that City’s consent would not have been provided but for the Parties’ agreement to abide by the terms or conditions of assignment.

Section 4. Effective Date. The assignment and assumption of rights and obligations as specified herein shall be effective on ___________, _____.

Section 5. Terms of the Development Agreement. The terms of the Development Agreement are incorporated herein by this reference. Assignors acknowledge and agrees that the representations, warranties, covenants, agreements and indemnities contained in the Development Agreement shall not be superseded hereby but shall remain in full force and effect to the full extent provided therein.

Section 6. Inconsistency. In the event of any conflict or inconsistency between the terms of the Development Agreement and the terms of this Agreement, the terms of the Development Agreement shall govern.

Section 7. Further Actions. Each of the Parties hereto covenants and agrees, at its own expense, to execute and deliver, at the request of the other Parties hereto, such further instruments of transfer and assignment and to take such other action as such the other Parties may reasonably request to more effectively consummate the assignments and assumptions contemplated by this Agreement.
[Signature appear on following page.]

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Packet Pg. 212 Attachment: Desert Bloom DA_redlined (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC Comm. Cannabis) 273128.v17 “CITY
”
Date: _______________, _____

CITY OF BARSTOW,
a California Municipal Corporation
_____________________________
By:

Its: City Manager
“ASSIGNOR”
Date: _______________, _____
Desert Bloom Holdings, LLC,
a California limited liability company
_____________________________
By:

Its: Managing Member
“ASSIGNEE”
Date: _______________, 2022
_____________________________
By:

Its:

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Packet Pg. 213 Attachment: Desert Bloom DA_redlined (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC Comm. Cannabis) - 1 -
273128.v17

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
TO:

COMMERCIAL CANNABIS BUSINESS DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF BARSTOW AND

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Packet Pg. 214 Attachment: Desert Bloom DA_clean copy (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC Comm. Cannabis) - 2 -
WHEREAS, on June 27, 2017, Governor Jerry Brown signed into law the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), which creates a single regulatory scheme for both medicinal and adult-use cannabis businesses. MAUCRSA retains the provisions in MCRSA and AUMA that granted local jurisdictions control over whether businesses engaged in Commercial Cannabis Activity may operate in a particular jurisdiction; and WHEREAS, on June 7, 2021, the City Council of the City of Barstow adopted Ordinance No. 974-2021 to permit commercial cannabis activities in the City; and WHEREAS, on October 4, 2021, the City Council of the City of Barstow adopted Ordinance No. 977-2021 amending the zoning code to allow for commercial cannabis as a permitted use in certain zones; and
WHEREAS, Operator currently holds a legal or equitable interest in real property considered in this Agreement which has a development area approximately 12,423 rentable square feet located 2865 Lenwood Road, Building # 1, City of Barstow, State of California (the “Premises”), pursuant to a Master Lease Agreement by and between Operator and Barstow Outlet LLC (“Owner”). The Premises is located on Assessor’s Parcel Number: 0428-211-26-000, and is more fully described in Exhibit A and shown on the map in Exhibit B. Both exhibits being attached hereto and incorporated herein by this reference;
WHEREAS, presently, Operator leases the property for the purpose of state and locally licensed commercial cannabis related activities which shall include, but not be limited to cannabis cultivation, manufacturing (type 6 and type 7), distribution, (together, the “Permitted Uses” and individually, a “Permitted Use”). Such Permitted Uses shall operate in accordance with all applicable provisions of Business and Professions Code §§26000-26231.2; California Health and Safety Code Safety Code §§ 11357-11362.9 and 11362.7- 11362.85; Revenue and Taxation Code §§ 34010-34021.5; Vehicle Code §§ 2429.7 and 23222; Water Code §§ 1831, 1847, and 13276; Title 4 of the California Code of Regulations, §§ 15000, et seq.; and the City of Barstow Municipal Code as it applies to such facilities (collectively the “Applicable Cannabis Laws”). Prior to Operator operating one or more Permitted Use, Operator shall be required to obtain approval of this Agreement, a conditional use permit, and a Commercial Cannabis Permit from City, and all related state and other permits and licenses prior to the operation of same, pursuant to Barstow Municipal Code Chapter 19.27, et seq.;
WHEREAS, Operator will obtain a California State License issued, pursuant to Applicable Cannabis Laws, to operate one or more Permitted Use at the Site.

WHEREAS, on August 31, 2022, Operator applied to City for a Conditional Use Permit (“CUP”) for the Premises to permit Commercial Cannabis Activities. No such activities are allowed or authorized without a Development Agreement, the CUP, a Commercial Cannabis Permit (“CCP”), and all requirements pursuant to City Ordinance No. 977-2021, including all applicable requirements pursuant to the Barstow Municipal Code.

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WHEREAS, Operator intends to develop a commercial cannabis facilities, each in compliance with one or more of the Permitted Uses on the Premises, consistent with the Applicable Cannabis Laws and Project Approvals (known as the “Project”).

WHEREAS, the Project will consist of: 1 building, located on a single parcel, with a combined 12,423 rentable square feet, as further described in Exhibit B.

The proposed layout of the site is as shown in the attached Site Plan.

Hours of Operation: 6:00 AM to 10:00 PM for retail business hours and 24-hours for internal operations, unless limited further by Barstow Municipal Code. [X] Co-location, check if applicable:

Note MAUCRSA now authorizes a person to apply for and be issued more than one State license at one location provided the licensed premises are separate and distinct.

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WHEREAS, After conducting a duly noticed hearing on October 10, 2022, in conjunction with City’s applicable ordinances and resolutions, the Planning Commission of the City reviewed, considered and approved environmental clearance and recommended approval of the execution of this Agreement to City Council. The Planning Commission found the Project: consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in City’s zoning laws; in conformity with the public necessity, public convenience, general welfare and good land use practices; will not be detrimental to the health, safety and general welfare of the city; will not adversely affect the orderly development of property or the preservation of property values; and will have a positive fiscal impact on City; WHEREAS, after conducting a duly noticed hearing on December 19, 2022, in conjunction with City’s applicable ordinances and resolutions, and after independent review and consideration, City Council approved the execution of this Agreement by adopting the ordinance that approves this development agreement (the “Enabling Ordinance”). The City Council found the Project:
consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in City’s zoning laws; in conformity with good land use practices; will not be detrimental to the health, safety and general welfare of City; and is in the best interest of City and its residents.

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Packet Pg. 217 Attachment: Desert Bloom DA_clean copy (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC Comm. Cannabis) - 5 -

AGREEMENT

2. Government Code and Municipal Code Required Elements. a. Owner and Operator each agree to be bound by the terms of this Agreement and shall not operate a cannabis-related business within City without being bound by the terms of this Agreement, including all payment obligations owed to City, of this Agreement. The City reserves the right to reject Operator’s CCP if City finds, at a lawfully noticed public hearing before the Planning Commission, that the proposed Operator is not eligible to operate the proposed commercial cannabis facility due to noncompliance with any applicable law. Each CCP issued by the City shall run with the Premises, to the extent each Operator retain rights thereto, and all Parties covenant that this Agreement is binding upon, and the benefits of this Agreement inure to, all authorized successors-in-interest of Owner, as landlord, and Operator, as tenant and operator, each as applicable and each as approved by the City via the assignment approval provisions of Section 21. b. Description of Property. Land situated in the City of Barstow, County of San Bernardino, State of California; whose street address is 2865 Lenwood Road, Building #1, City of Barstow, State of California (the “Premises”). The Premises is located on Assessor’s Parcel Number: 0428-211-26-0000 (the “Property”), the legal description of which is located on Exhibit A.
c. Owner and Other Person with Legal or Equitable Interest.

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Chapter 19.27, and for any other use as may be authorized under applicable provisions of the Barstow Municipal Code, if all required City permits and state licenses are approved and maintained in full force and effect under applicable law.

3. Term, Extensions.
a. Term. This Agreement, along with the issued the Cannabis Business Permit and Conditional Use Permit shall commence on the Effective Date and it shall end five (5) years from the starting date.
b. Extension by Operator. Operator, at its sole and absolute discretion may extend this Agreement for one (1) additional five (5) year period following the expiration of the initial five (5) year term; provided that:
(i) Operator shall give written notice to City no later than one hundred twenty (120) days before the expiration of the initial five (5) year term that the Owner desires to extend this Agreement for an additional five (5) year period; (ii) Operator shows adequate evidence to City that it has a legal and/or equitable interest in the Premises and/or will have such interests for the duration of the extended term of the Agreement;
(iii) Operator shall deposit all fees per the Council-adopted fee schedule necessary for processing the extension request and drafting necessary documentation;
(iv) Operator shall comply with all provisions of Ordinance No. 977- 2021, the additional Ordinance adopting this Agreement, Barstow Municipal Code Chapter 19.27 et seq., all terms imposed by City-issued Commercial Cannabis

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Permit, and City-Issued Conditional Use Permit, and all other requirements of applicable City law and permits; and
(v) Operator and any approved Operators have completed and built the commercial cannabis facility contemplated by the Agreement and has commenced and continues to operate it in compliance with and shall not be in default of any provision of any applicable law, including Barstow Municipal Code Chapter 19.27, or any agreement between City and Operator relative to the development of the Premises or of any condition of approval imposed upon any entitlement granted by City relative to the development of the Premises or cannabis operations for which Owner has been given a written notice to cure by City and for which Owner has not cured or commenced to cure such default within thirty (30) days, if and as provided by such agreement or condition of approval.
c. Extension by Agreement of the Parties. The Parties may agree to extend this Agreement for additional five (5) year periods, provided that the same conditions in Section 2(a) continue to be met and that City has expressly approved a further five (5) year renewed term. The City reserves the right to conditionally approve and/or shorten the length of additional renewal periods. The City shall give at least 180 days’ notice of any proposed nonrenewal of this Agreement.

4. Development Plans. The following shall comprise the Project’s “Development Plans”:
a. Site Plan and Floor Plan. Operator’s site plan and floor plan for the facility are attached hereto as Exhibit C and incorporated into the Application. b. Landscape Plan. A preliminary landscape plan shall be prepared by the Operator and reviewed and approved by City Manager and/or the Director of Public Works & Development Services, or their respective designees. A final landscape plan shall be prepared and submitted in conjunction with building and site improvement plans prior to issuance of building permits for construction activities. All final landscape plans must comply with the Building Code.
c. Signage Plan. An exterior signage plan shall be prepared and reviewed and approved by City Manager and/or the Director of Public Works & Development Services, or their respective designees, in accordance with the procedures and requirements of the Barstow Municipal Code.

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entitlements, from City pursuant to the Enabling Ordinance and Chapter 19.27 of the Barstow Municipal Code. Further, Operatorshall conduct any Permitted Use in accordance with (i) California Cannabis Laws, as may be amended, (ii) the Enabling Ordinance, (iii) this Development Agreement and the Conditional Use Permit issued per its terms, (iv) a CCP, (v) the Operational and Business Standards (Exhibit E), and the Barstow Municipal Code.
b. Security Plan. Operator shall secure approval of its proposed security plan by the Barstow Police Department prior to opening. The security plan shall include, at a minimum and as appropriate, provisions for video surveillance, perimeter fencing and security, protection of the building(s) from vehicle intrusion, cash handling procedures, internal accounting controls, product handling and storage procedures, and a professionally monitored alarm system. Equipment and systems used for video surveillance and building alarms shall be approved by City.

Video surveillance shall include, at a minimum, all site and facility entrances and access points, all spaces accessible by the public, all secured areas of the facility with restricted access, all interior spaces and rooms where cannabis products are handled and processed, shipping and receiving areas, cash storage areas, and other areas necessary to protect the safety of employees and the public and to ensure cannabis products are received, handled, stored, packaged, shipped, and distributed in compliance with applicable state and local laws and regulations. The video surveillance system shall be web-based with direct access provided to the Barstow Police Department upon request.

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d. Possession of Firearms. Except for licensed and bonded security personnel, no person employed by Operator shall be in possession of any firearm while on the premises or location without having first obtained a license from the appropriate state or local agency authorizing the person to be in possession of such firearm. Every such person in possession of a firearm while on the premises or location must provide City Manager and the Barstow Police Department written notice no less than ten (10) days before bringing such firearm onto the premises, with the following:
1) A copy of the license issued to the person by the appropriate state or local agency authorizing him or her to possess such firearm; 2) A copy of his or her law enforcement identification (if he or she is employed by a law enforcement agency).
3) A copy of his or her California driver’s license or California identification card; and
4) Any other information reasonably required by the Barstow Police Department to show that the individual is in compliance with the provisions of all laws regarding the possession and use of a firearm.
e. Identification Display. Each Operator, their respective manager, employee, and individual member engaged in any Permitted shall at all times while engaged in the duties of his or her position wear in plain sight, on his or her person and at chest level, a valid identification badge, issued by Operator.
f. Employee Background Checks/Procedures for Inventory Control to Prevent Diversion of Cannabis. Only employees who receive clearance from Operator shall be permitted to enter the Premises. Each employee will have to meet a criminal background investigation conducted by the Barstow Police Department, which at minimum shall include a LiveScan criminal history check, which City shall make a good faith effort to facilitate within a reasonable time following the application of a CCP by Operator.

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Packet Pg. 222 Attachment: Desert Bloom DA_clean copy (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC Comm. Cannabis) - 10 -
g. Quality Control and Testing. Operator shall utilize quality control measures and testing to ensure only the highest quality of commercial cannabis and infused products will be produced. Operator shall inspect the product to ensure its identity and quantity and shall have a testing lab perform testing of random samples prior to distribution. Inspection and testing will be conducted by a testing lab off-site. Testing standards and procedures shall be in accordance with applicable state law and regulations.

All commercial cannabis and manufactured cannabis products shall be packaged and labeled as required by California Cannabis Laws.
i. Manufactured Cannabis Products. Operator intends to produce manufactured products and shall secure any approval from the County of San Bernardino Health Department, if required, for manufacturing and handling such manufactured products. Infused products shall not be produced, manufactured, stored, or packaged in private homes.
j. Point of Sale Tracking System. Operator shall maintain an inventory control and reporting system that accurately documents the location of cannabis products from inception through distribution, including descriptions, weight, and quantity. The inventory control and reporting system shall comply with the California Cannabis Track and Trace (CCTT) program required by California Cannabis Laws. Operator will make such CCTT records available to City upon request.

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Packet Pg. 223 Attachment: Desert Bloom DA_clean copy (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC Comm. Cannabis) - 11 -
l. Processing, Handling, Storing, and Distribution of Commercial Cannabis and Related Products. Commercial cannabis cultivation, handling, storing, and processing shall be concealed from public view at all stages of growth and processing, and there shall be no exterior evidence of cultivation or processing occurring at the premises from a public right-of-way or from an adjacent parcel. Commercial cannabis cultivation, handling, storing, processing, or distribution shall not create offensive odors; create excessive dust, heat, noise, smoke, traffic, or other impacts that are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public; or be hazardous due to use or storage of materials, processes, products, or wastes.

Operator will not store commercial cannabis or related products in its delivery vehicle outside normal operating hours of the facility.

Commercial cannabis products shall be sold or distributed only to licensed facilities in California. Excess or contaminated product will be securely stored on-site until properly disposed. Disposal may include composting, incineration, land-fill disposal through the local waste management hauler, or other disposal methodology in accordance with California Cannabis Laws.
m. Odor Control. All structures shall have ventilation and filtration systems installed that prevent commercial cannabis plant odors from exiting the interior of the structure. The ventilation and filtration system shall be approved by the Building Department and installed prior to commencing cultivation or manufacturing within the allowable structure. Facility air intake, exhaust, and recirculating system shall be of industrial grade. Activated charcoal, recirculating, and closed loop aeration systems will be utilized as necessary for effective odor control and management. See minimum requirements, pursuant to Municipal Code Section 5.61.280(12). n. Description of Banking Plan. Operator shall seek to open a bank account under the name of Operator or its associated management company to provide transparency for funds received, operational costs, including payroll, tax payments to the state and federal governments. Should a bank account not be forthcoming, Operator shall implement other industry standard banking and/or other industry standard transactional mechanisms. o. Transportation Plan. Operator shall comply with California Cannabis Laws regarding transportation and delivery of cannabis and cannabis products. Operator shall retain a list of names and cellular contact numbers for all employees engaged in transportation of commercial cannabis products and provide it to the applicable oversight authority, keeping the list current and up to date.

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Operator will keep complete and up-to-date records documenting each transfer of commercial cannabis to other lawful cooperative corporations, including the amount provided, the form or product category in which the commercial cannabis was provided, the date and time provided, the name of the employee making the transfer, the name and address of the other lawful cooperative corporation to whom delivery is made, and the amount of any related donation or other monetary transaction.

6. Community Relations, Employment, and Wages.
a. Public Outreach and Education Program. Operator shall coordinate and cooperate with City and other operators of commercial cannabis facilities located within City of Barstow in the establishment and implementation of appropriate public outreach and education programs, including but not limited to joining the local chamber of commerce, meeting neighbors and community partners, donating to local charities, and complying with Local hiring requirements in Section 6(e) below. The public outreach and education programs shall be approved by City.
b. Community Benefits Program. Operator shall coordinate and cooperate with City, Operator, and/or any other Operators of commercial cannabis facilities located within City in the establishment, implementation, and funding of a community benefits program which could include such items as senior citizen programs, City beautification efforts, funding for enforcement against illegal cannabis operations, public safety, housing programs, economic development, infrastructure, capital improvements, including expansion and/or improvement to existing facilities or other physical improvements that provide a benefit to the community, support of holiday and special community events, and support of local public service, public safety, litigation defense, and special social and community organizations. This community benefits program may be implemented by City.

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community inquiries and complaints and on-site management during normal business hours.
d. Interface with Barstow Police Department / Inspections. Operator’s dayto- day operations manager, and/or the Operator’s Community Relations Liaison who is to be determined upon commencement of business operations, will interface with the Barstow Police Department's assigned designee to ensure its operation complies with California Cannabis Laws. The City Manager, or designee, or the Barstow Police Department's assigned designee acting at City Manager’s request and per his specific and limiting instructions, shall have the right to enter all Premises from time to time unannounced during hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this Agreement, without the requirement of a search warrant, subpoena, or court order, and subject to appropriate cost recovery fees set forth in this Agreement, or adopted by City.
e. Local Recruitment, Hiring, and Training Programs. Operator is committed to making a good-faith effort to recruit, hire, and train Local residents for employment by Operator. A good-faith effort means Operator shall take the following or similar actions to recruit and employ City residents: 1) Contact local recruitment sources to identify qualified individuals who are City residents, 2) Advertise for qualified City residents in trade papers and newspapers of general circulation in the area, and 3) Develop a written plan to recruit and employ City residents as a part of its workforce. At a minimum, Operator commits to a good faith local annual hiring goal of 40% of total work hours for permanent and apprentice employees. This goal shall apply horizontally, across all departments and managerial positions. The Operator shall not be penalized or deemed in default under this Agreement if it is unable to achieve such a goal. “Local” is defined as within a three-mile radius of City’s boundaries. The purpose of the hiring policy is to facilitate the training and employment of Local and disadvantaged job applicants for jobs within City’s jurisdiction, and three-mile radius of City boundaries. The Operator shall report on compliance with the local hiring goals as part of its annual audit report.
f. Full-time Work. Operator shall make its best efforts to fill every position with a full-time employee. However, at no time shall Operator have a labor force that is composed of less than 50% full-time employees within its labor force, and Operator shall make a good faith effort to maintain a full-time employee level of 75%. Operator agrees to provide to its eligible employees leave benefits, health insurance benefits, and other employee benefits to the extent such benefits are required to be paid for by an employer under applicable state and federal employment laws.

7. Indemnification Agreement by each Cannabis Permittee.

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operating a Permitted Use) and any Operator shall be required to meet all the conditions enumerated in the Barstow Municipal Code before each can receives a CCP and before this Agreement may be executed. The City Manager shall require Operator and each Operator execute the form Indemnification Agreement (Exhibit F) that fully indemnifies the City for all liabilities associated with the CCP, the Commercial Cannabis Permittee’s Commercial Cannabis Activities, and any action taken by the Cannabis Permittee. The Indemnification Agreement shall include the defense of the City and reimbursement of all fees, costs and expenses incurred by the City related to any action arising from this Agreement. Attached as Exhibit F, and incorporated herein by this reference, is true and correct copy of a fully executed Indemnification Agreement.

8. Fees, Costs, and Future Taxes.
a. Fees. Operator agrees to pay all permit fees and charges adopted by City Council by Fee Resolution pursuant to Chapter 19.27 of the Barstow Municipal Code, as well as, any fees set forth in this Agreement. Permit application, processing, and renewal fees shall be due and payable at the time such application is made. The following fee payment obligations shall be imposed on the Operator.
b. Costs. Operator agrees to reimburse City for all additional reasonable costs of City resulting from the operation of a commercial cannabis facility authorized under applicable provisions of the Barstow Municipal Code, Council resolutions and administrative policies and regulations. City shall invoice such costs monthly, and reimbursement to City for such costs shall be due and payable within thirty (30) days of receipt. Late Fees shall be assessed pursuant to the Barstow Municipal Code provisions applicable to disputes and shall be resolved pursuant to the Municipal Code. c. Operating Fees. As used herein, “Premises” means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the Commercial Cannabis Permittee where one or more Permitted Uses will be or is conducted. The parties stipulate and agree that the square footage for the Premises upon the Effective Date of this Agreement is and shall be during the term of this Agreement:

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receipts” include, without limitation, all receipts, cash, credit, property received in lieu of cash, and any other valuable consideration taken in exchange for goods, services, or other valuable consideration.

The City Manager is specifically authorized to set and adjust the square footage for the Production Space and to determine the corresponding operating fee as the Project is completed.
1) Each Operator agrees to pay to City, in order to enable City to promote, protect, and enhance the healthy, safety, and welfare of the community and its residents and its quality of life, the following fees, if holding a Cannabis Cultivation Permit or Cannabis Manufacturing Permit: a yearly operating fee of Five Dollars ($5) per square foot of the Premises. Fees shall be paid no later than December 31st of every year beginning in the year each Operator receives its CCP and shall be prorated commensurate with the number of months such Operator had its CCP. Failure to pay the fee within thirty (30) days after the due date shall result in an additional penalty for nonpayment in a sum equal to twenty-five percent (25%) of the total amount due.

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e. If Operator makes any changes to the interior layout of the facility that increases the amount of space allocated to those uses to which the per-square- foot fee applies, Operator shall notify City of such changes at least fourteen (14) calendar days prior to making such changes, and the per-square-foot fee shall be modified accordingly. If Operator fails to give City notice as required herein, Operator shall be responsible for paying to City a per-square-foot fee based on any increase in the amount of space allocated to those uses to which the per-square- foot fee applies retroactive to the date the CCP became effective.

10. Additional Operator Obligations.
a. Reporting of Gross Receipts from Operations.

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1) Quarterly Receipts. No later than three (3) months after execution of this Agreement, , and every three months thereafter, Operator shall deliver to City a report (the “Quarterly Report”) showing the following information for the cannabis business authorized under this Agreement: (i) Gross Receipts from operations for the immediate prior three months received by Operator, and a cumulative total of all amounts of Gross Receipts from Operations received by Operator for the calendar year, (ii) a calculation of the quarterly payment due to City for the prior three months, and (iii) a calculation of the cumulative total of all quarterly payments for the calendar year.
2) Statement of Receipts/Annual Audit. Each Operator shall keep complete, accurate and appropriate books and records of all receipts from all cannabis business operations in accordance with generally accepted accounting principles. For purposes herein, “books and records” shall mean all bookkeeping or accounting documents each Operator typically utilizes in managing its business operations relating to the Project. Such books and records, as well as all other relevant documents as the City Manager may reasonably require, shall, upon reasonable written notice, be open for inspection by City, its auditors, or other authorized representatives. If at any time during the term such books and records prove inadequate in the reasonable judgment of City to record the Gross Receipts from Operations as herein required, each Operator shall, upon the written request of the City, procure and maintain such books and records as shall be of a character and from adequate for such purpose. City shall have the right to audit and examine such books, records and documents and other relevant items in the possession of such Operator, on no less than an annual basis, or at any time upon reasonable request by the City, to the extent necessary for a proper determination of Gross Receipts from Operations, and all such books, records, documents and other items shall be held available for such audit and examination. The City’s audit shall be performed by a non-contingency fee independent auditor approved in advance by the City. Upon request by City, each Operator shall make all such books, records, and documents available to the City Manager, his designee, or to the City approved auditor, and provide removable copies thereof, within thirty (30) of the date of City’s request. Each Operator shall pay all costs of such audits. Each Operator shall preserve such books, records, documents, and other items in Barstow for a period of not less than one (1) years for the purpose of auditing or re-auditing these accounts upon reasonable notice; except that, if an audit is made within the sevenyear period and each Operator claims that errors or omissions have occurred, the books and records shall be retained and made available until those matters are resolved. City shall keep strictly confidential all statements of revenue furnished by each Operator and all other information concerning such Operator’s operation of the Premises obtained by City as a result of the inspection audit and examination privileges of City hereunder, except as otherwise required by law. If City receives a request for such information pursuant to the Public Records Act (California Government Code Section 6250, et seq.), City shall provide each Operator notice of any such request prior to disclosing any such information and afford such

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Operator the opportunity to obtain a protective order. Within seven (7) years after the receipt of any statement of receipts under this Agreement, City at any time shall be entitled to carry out an audit of such revenue either by City or agent to be designated by City. If it shall be determined as a result of such audit that there has been a deficiency in any payment due under this Agreement made on the basis of such statement, then such deficiency shall become immediately due and payable within thirty (30) days of such determination.
3) Copies of Tax Filings. Each Operator shall provide the City with courtesy copies of each and every CDTFA Quarterly report such Operator is required to provide to the California Department of Tax and Fee Administration for sales and use tax, Cannabis Excise Tax, and/or Cannabis Cultivation Tax, at the time such filings are made. This reporting obligation is imposed on the cannabis business Operator, or Owner if Owner and Operator are the same entity, and not on the Owner if the Owner is solely a landlord and not also a listed permittee or operator of the cannabis business.
b. Future Revenue Mechanisms. During the term of this Agreement, if the City imposes (by Citizen Initiative or otherwise) an alternative revenue mechanism specifically related to cannabis operations (e.g., a cannabis tax), Operator and City agree to renegotiate in good faith the terms of this Agreement so as to conform the aggregate Public Benefit Fees and Operating Fees payable by an Operator with any alternative revenue mechanism approved by voters. As used in this section, “alternative revenue mechanism” does not include taxes, fees, or assessments levied on or collected from both cannabis and noncannabis operations.

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3) Contain standard separation of insured provisions.
c. Automotive Liability Insurance. Each Operator shall maintain business automobile liability insurance or equivalent form with a limit of not less than One Million Dollars ($1,000,000) for personal injury for each accident for the vehicles Operator operates in connection with its cannabis business. Such insurance shall include coverage for owned, hired, and non-owned automobiles. Such insurance shall also:
1) Name City, and work in good faith with the City and the insurers to name additional insureds as deemed reasonably necessary. “Additional Insureds” by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the abovelisted additional insureds. 2) Be primary with respect to any insurance or self-insurance programs covering City, its officials, employees, agents, and representatives. 3) Contain standard separation of insured provisions.
d. Workers’ Compensation Insurance. Each Operator shall take out and maintain during the term of this Agreement, workers’ compensation insurance for all of such Operator’s employees employed at or on the Project, and in the event any of the work is subcontracted, Operator shall require any general contractor or subcontractor similarly to provide workers’ compensation insurance for such contractor’s or subcontractor’s employees, unless such employees are covered by the protection afforded by such Operator.

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3) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior the termination of this Agreement.
4) Maintain all insurance required herein from the Effective Date of this Agreement to the earlier of the expiration of the term or the mutual written termination of this Agreement.
5) Place all insurance required herein with insurers licensed to do business in California with a current Best’s Key Rating Guide reasonably acceptable to City.
f. Indemnification. Operator shall execute the form Indemnification Agreement attached as Exhibit F, thereby agreeing to indemnify, defend, and hold City, and its elected and appointed council, boards, commissions, officers, agents, employees, contractors, consultants and representatives, harmless from any and all claims costs and liability for any personal injury or property damage which may arise as a result of any actions or negligent omissions by Operator or Master Lessee’s contractors, subcontractors, agents, or employees in connection with the construction, improvement, or operation of the Project.

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e. Termination Upon Failure to Perform. Operator shall have two (2) years after the Effective Date to commence operation of the commercial cannabis facility contemplated by this Agreement. Failure Operator to commence commercial cannabis operations within that two-year time period may constitute a default and City shall have the right, but not the obligation, to exercise its default remedies under Section 15. The Parties agree to negotiate in good faith regarding any reasonably necessary extensions of this deadline for good cause, such as may be shown as a result of circumstances delaying commencement of operations beyond the control of Operator.

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covenants on behalf of itself and all successors in interest to the Premises or any portion thereof, not to sue for damages or claim any damages.
1) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
2) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this Agreement, including, without limitation, any impairment or restriction which Operator characterizes as a regulatory taking or inverse condemnation; or
3) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.
b. Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other non- monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons:
1) Money damages are unavailable against City as provided in Section 15(a) above.
2) Due to the size, nature, and scope of the Project, it may not be practical or possible to restore the Premises to its natural condition once implementation of this Agreement has begun. After such implementation, Operator may be foreclosed from other choices it may have had to use the Premises or portions thereof. Operator has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Operator for its efforts. By the same token, in the event that City issues any permit or other approval for a structure, and the public facilities, improvements, and infrastructure reasonably necessary to provide an adequate level of public services to that structure are not timely completed or Operator otherwise fails to carry out its obligations under this Agreement, then it would not be possible to determine a sum of money that would adequately compensate City for the resulting hardship.

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carry out their obligations under this Agreement, and Operator hereby agree that City shall be entitled to specific performance in such event. c. Release. Except for those remedies set forth in Sections 15(a), 15(b), and this 15(c), Operator, for itself, its successors and assignees, hereby releases City, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, based or asserted, pursuant to Article 1, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon City because it entered into this Agreement or because of the terms of this Agreement.

Operator acknowledges that it may have suffered, or may suffer, damages and other injuries that are unknown to it, or unknowable to it, at the time of its execution of this Agreement. Such fact notwithstanding, Operator agrees that the release provided in this Section 14(c) shall apply to such unknown or unknowable claims and damages. Without limiting the generality of the foregoing, Operator acknowledges the provisions of California Civil Code Section 1542, which provide:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Operator hereby waives, to the maximum legal extent, the provisions of California Civil Code Section 1542 and all other statutes and judicial decisions of similar effect. d. Attorneys’ Fees and Costs. In any action or proceeding between City and Operator brought to interpret or enforce this Agreement, or which in any way arises out of the existence of this Agreement or is based upon any term or provision contained herein, the “prevailing party” in such action or proceeding shall be entitled to recover from the non-prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this Agreement, the prevailing party’s reasonable attorneys’ fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section 14(e) include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding.
e. Default. No building permit shall be issued or building permit application accepted for Operator for any structure on the Premises after Operator is determined by City to be in default of the terms and conditions of this Agreement until such default thereafter is cured such defaulting party or is waived by City. If City terminates this Agreement as to any Operator because of such Operator’s default, then City shall retain any and all benefits, including money or land received by City hereunder.

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City shall have no liability under this Agreement or otherwise for any failure of City to perform under this Agreement, or for the inability of Operator to develop the Premises as contemplated by the Agreement, including, but not limited to, if such failure to perform or inability to develop is the result of a judicial determination that the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that this Agreement.
b. Hold Harmless Agreement. Operator hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Operator or their respective contractors, subcontractors, agents, or employees’ operations under this Agreement, whether such operations be by Operator, or by any of Operator’s contractors, subcontractors, agents, or employees operations under this Agreement. Operator agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations.
c. Indemnification. Operator shall defend, indemnify, and hold harmless City and its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants, and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys’ fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Premises, and all activities conducted under such entitlements; (ii) the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Premises; (iii) any claims based on or alleging inverse condemnation by any person or entity with an interest in the Premises; and (iv) the proceedings undertaken in connection with the adoption or approval of any of the above.

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d. Environmental Contamination. Operator shall indemnify and hold City, its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees free and harmless from any liability, based or asserted, upon any act or omission of Operator, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting and acts or omissions of City as successor to any portions of the Premises dedicated or transferred to City by Operator, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Premises, including, but not limited to, soil and groundwater conditions, and Operator shall defend, at its expense, including attorneys’ fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense of any such claim, action or proceeding. e. City to Approve Counsel. With respect to Sections 16(a) through 16(d), City shall approve any counsel which Operator selects, hires, or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld.

17. California Environmental Quality Act. Operator shall reimburse City for any and all costs incurred by City related to project review under the California Environmental Quality Act (CEQA), Public Resources Code, §§21000-21189.3, and the Guidelines for California Environmental Quality Act, California Code of Regulations, Title 14, §§15000-15387. If reasonably requested by City, Operator shall conduct and pay for any required CEQA reviews and analyses.

19. Commercial Cannabis Permit Conditions of Approval. Operator shall comply with all conditions of approval of the City-issued Commercial Cannabis Permit and Conditional Use Permit.

20. Periodic Reviews. This Agreement shall be subject to annual review by the City Manager. Operator and Landlord executing this Agreement, or successor in interest thereto, shall demonstrate good faith compliance with the terms of this Agreement. If, as a result of such periodic review, City finds and determines, based on substantial evidence, that Operator executing this Agreement, or successor in interest thereto, has not complied in good faith with the terms or conditions of this Agreement, City may terminate or modify this Agreement as to such non13.d Packet Pg. 238 Attachment: Desert Bloom DA_clean copy (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC Comm. Cannabis) - 26 -
compliant Operator (except no modification shall increase Operator’s liability nor reduce Operator’s rights), provided that City shall first provide Operator notice of its intent to terminate, with a detailed explanation as to why, and provide Operator the reasonable right to cure the same. a. Periodic Review. City Manager shall review this Agreement annually, on or before each anniversary of the Effective Date, in order to ascertain Operator’s good faith compliance with this Agreement. During the periodic review Operator shall be required to demonstrate good faith compliance with the terms of the Agreement, through submitting an annual monitoring report, records, or equivalent written materials to the Planning Department. Operatorshall document any request for an extension of the term due to delays beyond the control of Operator under Section 12(e) or Section 24(j). Operator shall submit an annual review and administration fee deposit not to exceed City’s estimated internal and third-party costs associated with the review and administration of this Agreement during the succeeding year, consistent with Section 23(k) (“Deposit with City”) below. City shall provide Operator said estimate a reasonable time in advance of the annual review and administration fee deposit being due.
b. Conditional Use Permit. In addition to the CCP, Operator shall apply for and obtain a CUP for the establishment and operation of the Project. Operator’s operation of any business at all times shall be required to comply with the terms of this Agreement and Operator’s CUP and CCP. Operator acknowledges and covenants that the CUP obtained by Operator via this Agreement shall run with the Premises and that this Agreement is binding upon, and the benefits of this Agreement inure to, all authorized successors-in-interest of the Owner, as landlord, as applicable and approved by the City via the assignment approval provisions of Section 21.
c. Special Review. City Council may order a special review of compliance with this Agreement at any time. The City Manager or his or her designee shall conduct such special review. During a special review, Operator shall be required to demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on Operator.
d. Special Review Hearing. At the time and place set for the review hearing, Operator shall be given an opportunity to be heard. If City Council finds, based upon clear and convincing evidence, that Operator has not complied in good faith with the terms or conditions of this Agreement, City Council may terminate this Agreement as to such party notwithstanding any other provision of this Agreement to the contrary, or modify this Agreement as to such party and impose such conditions as are reasonably necessary to protect the interests of City. The decision of City Council shall be final, subject only to judicial review pursuant to Code of Civil Procedure Section 1094.5. e. Certificate of Agreement Compliance. If, after a periodic or special review, Operator is found to be in compliance with this Agreement, and if Master Lessee and/or any Operator requests it, City shall issue a Certificate of Agreement Compliance (“Certificate”) to such requesting party stating that after the most recent periodic or special review, and based upon the information known or made known to the City Manager and

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City Council, that (i) this Agreement remains in effect and (ii) Operator is not in default.

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with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

The decision whether a proposed amendment is “minor” shall be in the exclusive discretion of the City Manager.

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b. Waiver. Waiver by City of any one or more of the terms or conditions of this Agreement shall not be construed as waiver of any other term or condition under this Agreement.
c. Enforcement/Reserved Powers. Unless amended or canceled pursuant hereto, this Agreement shall be enforceable by any party hereto, or successor in interest thereto, notwithstanding any subsequent change in any applicable general or specific plan, zoning, subdivision or building regulation, or municipal code amendment adopted by City that conflicts with the terms of this Agreement. However, this Agreement is subject to the City's “Reserved Powers.” For purposes of this Agreement, “Reserved Powers” means the rights and authority excepted from this Agreement's restrictions on the City's police powers and which are instead reserved to the City. The Reserved Powers include the powers to enact regulations or take future discretionary actions after the Effective Date of this Agreement that: (1) are necessary to protect the public health and safety, and are generally applicable on a City-wide basis (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God); (2) are amendments to California Cannabis Laws or California Uniform Codes, as adopted by the City of Barstow, and/or the Barstow Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Premises; (3) are necessary to comply with state or federal laws and regulations; or (4) involve sign and parking ordinances and guidelines, changes to the City’s zoning laws, Specific Plan or the City's General Plan, whether adopted previous or subsequent to the Effective Date of this Agreement).

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as it conflicts with said laws or regulations or modified or suspended as may be necessary to comply with such state laws or regulations, but the remainder of this Agreement shall continue to be in full force and effect.
g. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. The execution of this Agreement may be by actual, facsimile, or electronic signature.
h. Jurisdiction. The law governing this Agreement shall be that of the State of California. Any suit brought by any party against any other party arising out of the performance of this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, shall be filed and maintained in the County of San Bernardino Superior Court.
i. Disclaimer. Despite California Cannabis Laws and the terms and conditions of this Agreement, any CUP, or any CCP issued pertaining to Operator, or the Premises, California commercial cannabis cultivators, transporters, distributors, or possessors may still be subject to arrest by state or federal officers and prosecuted under state or federal law. The Federal Controlled Substances Act, 21 USC § 801, et seq., prohibits the manufacture, distribution, and possession of cannabis without any exemptions for medical use.
j. Force Majeure. If delays are caused by unforeseen events beyond the control of Operator, such delays will entitle Operator to an extension of time as provided in this section. Such unforeseen events (“Force Majeure”) shall mean war, insurrection, acts of God, local, state or national emergencies, strikes and other labor difficulties beyond the party’s control, or any default by City hereunder, which Force Majeure event substantially interferes with the development, construction or operation of the Project. k. Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title, or interest to any portion of the Premises, is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Premises, and all rights and interests of such person in the Premises shall be subject to the terms, requirements, and provisions of this Agreement.
l. Binding Effect of Agreement. The Parties agree that the Recitals above are true and correct and intend to be bound by same. Except as otherwise provided, the burdens of this Agreement are binding upon, and the benefits of this Agreement inure to, all authorized successors-in-interest of the Parties and constitute covenants which run with the Premises. In order to provide constructive notice thereof, the City Clerk will record this Agreement with the San Bernardino County Recorder within the period required by Government Code Section 65868.5.

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m. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and Operator is that of a government entity regulating the development of private property and developer of such property.
n. Changes to Project. The Parties acknowledge that changes to the Project or Development Plans and related approvals may be appropriate and mutually desirable to carry out the intent and purpose of this Agreement. This Agreement shall not prevent the City from applying, with the consent or at the request of Operator, Subsequent Land Use Regulations or Subsequent Development Approvals that do not directly conflict with the Project, Premises or Development Plan authorized under this Agreement. The granting of one such change, or request shall not obligate the City to grant other similar changes or requests. As used herein, “Subsequent Development Approvals” include, without limitation, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other non-discretionary permits or approvals necessary, convenient or appropriate for the Project. As used herein, “Subsequent Land Use Regulations” means ordinances, resolutions and codes adopted or approved by the City after the Effective Date of this Agreement governing the development and use of the land, including general plan amendments, zone changes, variances or conditional use permits affecting the permitted use of the land including density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions of reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Premises.
o. Conflicting Federal or State Rules. In the event that any conflicting federal or state laws or regulations, enacted after the Effective Date, prevent, or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, this Agreement shall remain in full force and effect as to those provisions not affected; and
(i) Notice of Conflict. Either party, upon learning of any such matter, will provide the other party with written notice thereof and provide a copy of any such law, regulation, or policy together with a statement of how any such matter conflicts with the provisions of this Agreement; and
(ii) Modification Conferences. The parties shall, within thirty (30) days of the notice referenced to in the preceding subsection, meet and confer in good faith and attempt to modify this Agreement to bring it into compliance with any such federal or state law or regulation.

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(iii) City Council Hearings. In the event the City believes that an amendment to this Agreement is necessary due to the effect of any federal or state law or regulation, the proposed amendment shall be scheduled for hearing before the City Council. The City Council shall determine the exact nature of the amendment necessitated by such federal or state law or regulation. Operator shall have the right to offer oral and written testimony at the hearing. Any modification ordered by the City Council pursuant to such hearing is subject to judicial review in accordance with California law. (iv) Minor Amendments. A minor modification is a modification that does not modify the material terms of this Agreement including (1) the Term; (2) Facility Operations; (3) Indemnification; and (4) Fees. Minor Modifications shall not require a public hearing prior to execution of the modification to this Agreement. Either Party may propose a minor modification, consent to which shall not be unreasonably withheld, conditioned or delayed by the other Party.

Upon the written request of Developer for a modification to this Agreement, the City Manager or his/her designee shall determine: (1) whether, in his/her reasonable judgment, the requested modification constitutes a minor modification as defined herein; (2) whether the requested modification is consistent with applicable law (other than that portion of this Agreement sought to be modified); and (3) whether, in his/her reasonable judgment, the requested modification tends to promote the goals of this Agreement. If the City Manager or his/her designee determines that the requested modification is minor modification that is consistent with applicable law and tends to promote the goals of this Agreement, the proposed modification will be approved by the City as a minor modification, and a written modification will be executed by the Parties and attached to this Agreement. Any such minor modification shall not be deemed an “amendment” to this Agreement under Government Code Section 65858.
(v) City Cooperation. The City shall cooperate with Operator in securing any City permits, licenses or other authorizations that may be required as a result of any amendment resulting from actions initiated by the City. As required by this Agreement, Operator shall be responsible to pay all applicable fees in connection with securing of such permits, licenses, or other authorizations.
q. Effective Date. “Effective Date” means the date on which all of the following are true: (i) thirty (30) days have elapsed since the second reading of the Ordinance adopting and approving this Development Agreement and (ii) all Exhibits to this Agreement are finalized, executed and notarized by all affected parties (if applicable) and attached hereto; provided, however, that if these conditions have not been fully satisfied by Operator the Effective Date may not thereafter occur and this Agreement may not thereafter become effective.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.

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“CITY”
Date: _______________, 2022

CITY OF BARSTOW,
a California Municipal Corporation
By: Paul Anthony Courtney, Dr.,B.A.

Its:

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OWNER

BARSTOW OUTLET, LLC
a Delaware limited liability company
By:

Its:

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Packet Pg. 247 Attachment: Desert Bloom DA_clean copy (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC Comm. Cannabis) 273128.v17

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Packet Pg. 248 Attachment: Desert Bloom DA_clean copy (5231 : Adoption of Ordinance 995-2022 Desert Bloom Holdings, LLC Comm. Cannabis) Joint Special Meeting
CC/Harvey House/BFPD
01/17/23 05:30 PM
Building
Christopher Heldreth
Ordinance
Doc ID: 5232

COUNCIL AGENDA ITEM
AGENDA MATTER:

ADOPTION OF ORDINANCE 996-2022 APPROVING DEVELOPMENT AGREEMENT WITH ZENGROW, INC.

EXECUTIVE SUMMARY:

Staff requests that the City Council adopt Ordinance No. 996-2022 approving Zengrow, Inc.'s application for a Commercial Cannabis Cultivation permit, Commercial Cannabis Distribution/Transportation permit, Commercial Cannabis Manufacturing permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements.

DISCUSSION:

Application
Zengrow, Inc. is applying for a permit for Commercial Cannabis Cultivation, Commercial Cannabis Distribution/Transportation, and Commercial Cannabis Manufacturing.

Applicant’s representative, who will be listed on the permit if one is used and will be the point of contact for the Planning Department is Edvin Mehrabyan.

Applicant Information
Zengrow, Inc. is a corporation. They do have a federal tax identification and are properly registered with the California Secretary of State.
14 Packet Pg. 249
Joint Special Meeting
CC/Harvey House/BFPD
01/17/23 05:30 PM
Building
Christopher Heldreth
Ordinance
Doc ID: 5232

COUNCIL AGENDA ITEM
Chief Executive Officer - Edvin Mehrabyan
Members of the applicant group have no relevant criminal convictions listed on their permit application.

Members of the applicant group have no listed unfair business practices listed on their permit application.

Location Information
Zengrow, Inc. is a applying for a permit at 2861 Lenwood Road, Building 2 Barstow, CA 92311 APN #0428-211-26. The total square feet of the site is 21,714 square feet.

The applicant is not the owner of the property but has provided the City with a copy of the Landlord Use Disclosure & Authorization for a Cannabis Facility agreement between applicant and owner.

Environmental Information and Checklist
Applicant has submitted the required environmental information and checklist.

DOJ Live Scans for Owners, Managers, Employees, Volunteers, and Security Personnel Applicant has submitted the required Department of Justice Live Scans for owners, managers, 14 Packet Pg. 250
Joint Special Meeting
CC/Harvey House/BFPD
01/17/23 05:30 PM
Building
Christopher Heldreth
Ordinance
Doc ID: 5232

COUNCIL AGENDA ITEM
employees, volunteers, and security personnel.

Application Fees
Applicant has submitted the required application fees related to this permit application.

Facilities with multiple licenses must not commingle respective sales proceeds, and blend percentage rate of Gross Receipts.

FISCAL IMPACT:

See discussion.

RECOMMENDED ACTION:
14 Packet Pg. 251
Joint Special Meeting
CC/Harvey House/BFPD
01/17/23 05:30 PM
Building
Christopher Heldreth
Ordinance
Doc ID: 5232

COUNCIL AGENDA ITEM
Staff recommends the City Council adopt Ordinance No. 996-2022 approving Zengrow, Inc.'s application for Commercial Cultivation, Distribution/Transportation, Manufacturing, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its October 10, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.
14 Packet Pg. 252
271538.1
ORDINANCE NO. 996-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF BARSTOW APPROVING A CANNABIS LICENSE
APPLICATION FOR ZENGROW, INC. AND DEVELOPMENT
AGREEMENT WITH ZENGROW, INC. FOR COMMERCIAL

CANNABIS CULTIVATION, DISTRIBUTION/TRANSPORTATION,
AND MANUFACTURING LOCATED AT 2861 LENWOOD ROAD,
BUILDING 2 BARSTOW, CA 92311
WHEREAS, California voters approved Proposition 215 (Health and Safety Code Section 11362.5), entitled the Compassionate Use Act (CUA), in 1996, which exempts patients and their primary caregivers from criminal prosecution or sanctions under H&S Code Sections 11357 and 11358 for qualified use and cultivation of medical cannabis; and
WHEREAS, the California Legislature passed Senate Bill 420 (H&S Code Sections 11362.7 et seq.) in 2003 to create the Medical Marijuana Program (MMPA), which established a voluntary program for the issuance of medical cannabis identification cards for qualified patients, set limits on the amount of cannabis any individual could possess, and provided an exemption from state criminal liability for persons "who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes"; and WHEREAS, in November 2016, California voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA"), which established a state licensing and regulatory system for commercial cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery, or sale of recreational marijuana and marijuana products; and WHEREAS, on June 27, 2017, the Governor signed the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), consolidating the AUMA with previous state law regarding commercial medical marijuana activities to create one state licensing system for commercial activities related to medical and recreational marijuana; and
WHEREAS, both the AUMA and MAUCRSA authorize the City to further regulate or completely prohibit the establishment or operation of commercial marijuana activities within its limits, even such activities that may be licensed under state law; and WHEREAS, the City's power to regulate or completely prohibit commercial marijuana activities under the AUMA and MAUCRSA is consistent with the California Supreme Court's decision in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 7; and

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WHEREAS, the California Attorney General's August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use recognizes that the cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that nearby homes or businesses may be negatively impacted by nuisance activity such as loitering or crime; and WHEREAS, the California Planning and Zoning Law (Gov. Code, § 65000 et seq.) authorizes the City to adopt and administer zoning laws, ordinances, rules, and regulations; and
WHEREAS, the City of Barstow passed Ordinance No. 974-2021 on June 7th 2021 to begin the process of allowing Cannabis sales; and WHEREAS, the City of Barstow passed Ordinance No. 977-2021 on October 4th 2021, adopting land use laws for Cannabis sales and requiring applicants to execute a development agreement with the City before beginning operation; and WHEREAS, no cannabis business may operate in the City of Barstow unless first issued a permit by the City; and
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code section 65864 et seq. (the “Development Agreement Statute”), which authorizes the City and an individual with an interest in real property to enter into a development agreement that establishes certain development rights in real property that is subject to a development agreement application; and
WHEREAS, the proposed project is consistent with the Barstow General Plan and the California Environmental Quality Act; and
WHEREAS, Zengrow, Inc. proposes to improve, develop and use real property to operate Commercial Cannabis Cultivation, Commercial Cannabis Distribution/Transportation, and Commercial Cannabis Manufacturing located at 2861 Lenwood Road, Building 2 Barstow, CA 92311 (APN #0428-211-26) and has properly submitted a completed cannabis license application; and WHEREAS, City and the Zengrow, Inc. seek to enter into a development agreement for the Project (the “Development Agreement”) pursuant to the Development Agreement Statute and all applicable local and state laws; and WHEREAS, the Planning Commission approved Resolution No. 563-2022 finding that an ordinance approving the Development Agreement will allow the City to adequately regulate and address all impacts of the Project in the City in accordance with state law; and

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WHEREAS, the City Council finds that the ordinance is in the best interest of the health, welfare, and safety of the public.

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

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

Section 2. Finding Regarding the Development Agreement. Based upon the foregoing facts and findings for DA 8 the City Council hereby determines as follows:

A. DA 8 was reviewed and deemed correct and in compliance with Government Code Section 65865.2 and Chapter 19.46 of the Barstow Municipal Code; and B. DA 8, if approved, is in the best interests of the City because the cannabis cultivation, distribution/transportation, and manufacturing facility increases commercial vibrancy in the City; and,
C. DA 8 is consistent with the actions, goals, objectives, and policies of the City's General Plan and Zoning Regulations because the project promotes local opportunities for commerce and engagement, and
D. The application to the City was made on forms approved, and contains all information required by the Director and is filed with the Department in compliance with Chapter 19.46; and
E. The application was accompanied by all lawfully required documents, materials, and information; and,
F. With the adoption of this ordinance and development agreement and notwithstanding the requirements in Chapter 19.46 of the Barstow Municipal Code and the City’s Zoning Regulations, the City Council approves the Proposed Project.

Section 3. Approvals. In view of all the evidence and based on the foregoing findings in compliance with CEQA, the City Council approves DA 8 and grants a Notice of CEQA Exemption for the Proposed Project, subject to the Conditions of Approval in Planning Commission Resolution No. 563-2022.

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Packet Pg. 255 Attachment: Ord No. 996-2022 Zengrow Inc._redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) 4 271538.1
the development agreement, which shall be substantially consistent with the proposed development agreement attached as Exhibit "A."
Section 5. CEQA. This ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines§§ 15060(c)(2), 15060(c)(3), 15061(b)(3) and 15378(b)(4). This ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; it does not involve a "project" as defined by CEQA Guidelines § 15378; and it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility this ordinance may have a significant effect on the environment. Further the City previously approved Ordinance No. 974-2021 on June 7, 2021 and Ordinance No. 977-2021 on October 4, 2021 and those Ordinances were exempt from CEQA under Business and Professions Code section 26055(h) which exempts from CEQA review the adoption of an ordinance, rule, or regulation, by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity. This Ordinance now acts to amend the Barstow Municipal Code as to procedural requirements.

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

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Packet Pg. 256 Attachment: Ord No. 996-2022 Zengrow Inc._redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) 5 271538.1
PASSED, APPROVED AND ADOPTED this 17th day of January, 2023 __________________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
______________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk for the City of Barstow, California, and ex-officio Clerk of the City Council, do hereby certify under penalty of perjury that the foregoing is a true and correct copy of Ordinance No. 996-2022, which was introduced at a regular meeting of the City Council of the City of Barstow held on the 19th day of December, 2022, and adopted at the regular meeting of the City Council of the City of Barstow on the 17th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Andrea Flores, City Clerk

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Packet Pg. 257 Attachment: Ord No. 996-2022 Zengrow Inc._redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) 271538.1
ORDINANCE NO. 996-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF BARSTOW APPROVING A CANNABIS LICENSE
APPLICATION FOR ZENGROW, INC. AND DEVELOPMENT
AGREEMENT WITH ZENGROW, INC. FOR COMMERCIAL

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Packet Pg. 258 Attachment: Ord No. 996-2022 Zengrow Inc._clean copy (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) 2 271538.1
WHEREAS, the California Attorney General's August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use recognizes that the cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that nearby homes or businesses may be negatively impacted by nuisance activity such as loitering or crime; and WHEREAS, the California Planning and Zoning Law (Gov. Code, § 65000 et seq.) authorizes the City to adopt and administer zoning laws, ordinances, rules, and regulations; and
WHEREAS, the City of Barstow passed Ordinance No. 974-2021 on June 7th 2021 to begin the process of allowing Cannabis sales; and WHEREAS, the City of Barstow passed Ordinance No. 977-2021 on October 4th 2021, adopting land use laws for Cannabis sales and requiring applicants to execute a development agreement with the City before beginning operation; and WHEREAS, no cannabis business may operate in the City of Barstow unless first issued a permit by the City; and
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code section 65864 et seq. (the “Development Agreement Statute”), which authorizes the City and an individual with an interest in real property to enter into a development agreement that establishes certain development rights in real property that is subject to a development agreement application; and
WHEREAS, the proposed project is consistent with the Barstow General Plan and the California Environmental Quality Act; and
WHEREAS, Zengrow, Inc. proposes to improve, develop and use real property to operate Commercial Cannabis Cultivation, Commercial Cannabis Distribution/Transportation, and Commercial Cannabis Manufacturing located at 2861 Lenwood Road, Building 2 Barstow, CA 92311 (APN #0428-211-26) and has properly submitted a completed cannabis license application; and WHEREAS, City and the Zengrow, Inc. seek to enter into a development agreement for the Project (the “Development Agreement”) pursuant to the Development Agreement Statute and all applicable local and state laws; and WHEREAS, the Planning Commission approved Resolution No. 563-2022 finding that an ordinance approving the Development Agreement will allow the City to adequately regulate and address all impacts of the Project in the City in accordance with state law; and

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WHEREAS, the City Council finds that the ordinance is in the best interest of the health, welfare, and safety of the public.

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

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

Section 2. Finding Regarding the Development Agreement. Based upon the foregoing facts and findings for DA 8 the City Council hereby determines as follows:

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Packet Pg. 260 Attachment: Ord No. 996-2022 Zengrow Inc._clean copy (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) 4 271538.1
the development agreement, which shall be substantially consistent with the proposed development agreement attached as Exhibit "A."
Section 5. CEQA. This ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines§§ 15060(c)(2), 15060(c)(3), 15061(b)(3) and 15378(b)(4). This ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; it does not involve a "project" as defined by CEQA Guidelines § 15378; and it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility this ordinance may have a significant effect on the environment. Further the City previously approved Ordinance No. 974-2021 on June 7, 2021 and Ordinance No. 977-2021 on October 4, 2021 and those Ordinances were exempt from CEQA under Business and Professions Code section 26055(h) which exempts from CEQA review the adoption of an ordinance, rule, or regulation, by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity. This Ordinance now acts to amend the Barstow Municipal Code as to procedural requirements.

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

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Packet Pg. 261 Attachment: Ord No. 996-2022 Zengrow Inc._clean copy (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) 5 271538.1
PASSED, APPROVED AND ADOPTED this 17th day of January, 2023 __________________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
______________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk for the City of Barstow, California, and ex-officio Clerk of the City Council, do hereby certify under penalty of perjury that the foregoing is a true and correct copy of Ordinance No. 996-2022, which was introduced at a regular meeting of the City Council of the City of Barstow held on the 19th day of December, 2022, and adopted at the regular meeting of the City Council of the City of Barstow on the 17th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Andrea Flores, City Clerk

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Packet Pg. 262 Attachment: Ord No. 996-2022 Zengrow Inc._clean copy (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) - 1 -
273128.v17

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
TO:

COMMERCIAL CANNABIS BUSINESS DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF BARSTOW AND

BARSTOW OUTLET LLC AND ZENGROW INC
THIS DEVELOPMENT AGREEMENT (this “Agreement”) is made and entered into this day of December 19, 2022, (the “Execution Date”), by and between the CITY OF BARSTOW, a California municipal corporation (“City”), Barstow Outlet, LLC, a Delaware limited liability company (“Owner”), and Zengrow, Inc., a California limited liability company (“Operator”). City, Owner, and Operator are sometimes referenced together herein as the “Parties.” In instances when a provision hereof applies to each of the Parties individually, each may be referenced as a “Party.” The Parties hereby jointly render the following statement as to the background facts and circumstances underlying this Agreement:

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WHEREAS, on June 27, 2017, Governor Jerry Brown signed into law the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), which creates a single regulatory scheme for both medicinal and adult-use cannabis businesses. MAUCRSA retains the provisions in MCRSA and AUMA that granted local jurisdictions control over whether businesses engaged in Commercial Cannabis Activity may operate in a particular jurisdiction; and WHEREAS, on June 7, 2021, the City Council of the City of Barstow adopted Ordinance No. 974-2021 to permit commercial cannabis activities in the City; and WHEREAS, on October 4, 2021, the City Council of the City of Barstow adopted Ordinance No. 977-2021 amending the zoning code to allow for commercial cannabis as a permitted use in certain zones; and
WHEREAS, Operator currently holds a legal or equitable interest in real property considered in this Agreement which has a development area approximately 21,714 rentable square feet located 2861 Lenwood Road, Building # 2, City of Barstow, State of California (the “Premises”), pursuant to a Master Lease Agreement by and between Operator and Barstow Outlet LLC (“Owner”). The Premises is located on Assessor’s Parcel Number: 0428-211-26-000, and is more fully described in Exhibit A and shown on the map in Exhibit B. Both exhibits being attached hereto and incorporated herein by this reference;
WHEREAS, presently, Operator leases the property for the purpose of state and locally licensed commercial cannabis related activities which shall include, but not be limited to cannabis cultivation, manufacturing (type 6 and type 7), distribution, (together, the “Permitted Uses” and individually, a “Permitted Use”). Such Permitted Uses shall operate in accordance with all applicable provisions of Business and Professions Code §§26000-26231.2; California Health and Safety Code Safety Code §§ 11357-11362.9 and 11362.7- 11362.85; Revenue and Taxation Code §§ 34010-34021.5; Vehicle Code §§ 2429.7 and 23222; Water Code §§ 1831, 1847, and 13276; Title 4 of the California Code of Regulations, §§ 15000, et seq.; and the City of Barstow Municipal Code as it applies to such facilities (collectively the “Applicable Cannabis Laws”). Prior to Operator operating one or more Permitted Use, Operator shall be required to obtain approval of this Agreement, a conditional use permit, and a Commercial Cannabis Permit from City, and all related state and other permits and licenses prior to the operation of same, pursuant to Barstow Municipal Code Chapter 19.27, et seq.;
WHEREAS, Operator will obtain a California State License issued, pursuant to Applicable Cannabis Laws, to operate one or more Permitted Use at the Site.

WHEREAS, on March 30, 2022, Operator applied to City for a Conditional Use Permit (“CUP”) for the Premises to permit Commercial Cannabis Activities. No such activities are allowed or authorized without a Development Agreement, the CUP, a Commercial Cannabis Permit (“CCP”), and all requirements pursuant to City Ordinance No. 977-2021, including all applicable requirements pursuant to the Barstow Municipal Code.

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WHEREAS, Operator intends to develop a commercial cannabis facilities, each in compliance with one or more of the Permitted Uses on the Premises, consistent with the Applicable Cannabis Laws and Project Approvals (known as the “Project”).

WHEREAS, the Project will consist of: 1 building, located on a single parcel, with a combined 21,714 rentable square feet, as further described in Exhibit B.

The proposed layout of the site is as shown in the attached Site Plan.

Hours of Operation: 6:00 AM to 10:00 PM for retail business hours and 24-hours for internal operations, unless limited further by Barstow Municipal Code. [X] Co-location, check if applicable:

Note MAUCRSA now authorizes a person to apply for and be issued more than one State license at one location provided the licensed premises are separate and distinct.

Operator has applied for a CCP for the following license types:
1) Cultivation - Types – 1A/2A/3A/5A
2) Manufacturing - Type 7
3) Distribution - Type 11
WHEREAS, all procedures of the California Environmental Quality Act (“CEQA”), California Public Resources Code §21000 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, §15000 et seq. have been satisfied; WHEREAS, City has given public notice of its intention to adopt this Agreement and has conducted public hearings thereon pursuant to California Government Code §65867. The City has found that the provisions of this Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in City’s General Plan, zoning code and municipal ordinances;
WHEREAS, City, in entering into this Agreement, acknowledges that certain City obligations hereby assumed shall survive beyond the terms of the present Council members, that this Agreement will serve to bind City and future Councils to the obligations hereby undertaken, and that this Agreement shall limit the future exercise of certain governmental and proprietary powers of City. By approving this Agreement, the Council has elected to exercise certain governmental powers at the time of entering into this Agreement rather than defer its actions to some undetermined future date. The terms and conditions of this Agreement have undergone extensive review by City and the Council and have been found to be fair, just and reasonable. City has concluded that the pursuit of the Project will serve the best interests of its citizens and that the public health, safety and welfare are best served by entering into this obligation. Owner has represented to City that it would not consider or engage in the Project absent City approving this Agreement;

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Packet Pg. 265 Attachment: Zengrow DA_redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) - 4 -
WHEREAS, City agrees that Owner’s land use entitlements for the Project shall vest for the term of this Agreement as described below;
WHEREAS, After conducting a duly noticed hearing on October 10, 2022, in conjunction with City’s applicable ordinances and resolutions, the Planning Commission of the City reviewed, considered and approved environmental clearance and recommended approval of the execution of this Agreement to City Council. The Planning Commission found the Project: consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in City’s zoning laws; in conformity with the public necessity, public convenience, general welfare and good land use practices; will not be detrimental to the health, safety and general welfare of the city; will not adversely affect the orderly development of property or the preservation of property values; and will have a positive fiscal impact on City; WHEREAS, after conducting a duly noticed hearing on December 19, 2022, in conjunction with City’s applicable ordinances and resolutions, and after independent review and consideration, City Council approved the execution of this Agreement by adopting the ordinance that approves this development agreement (the “Enabling Ordinance”). The City Council found the Project:
consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in City’s zoning laws; in conformity with good land use practices; will not be detrimental to the health, safety and general welfare of City; and is in the best interest of City and its residents.

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Packet Pg. 266 Attachment: Zengrow DA_redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) - 5 -

AGREEMENT

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Packet Pg. 267 Attachment: Zengrow DA_redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) - 6 -
b. Description of Property. Land situated in the City of Barstow, County of San Bernardino, State of California; whose street address is 2861 Lenwood Road, Building #2, City of Barstow, State of California (the “Premises”). The Premises is located on Assessor’s Parcel Number: 0428-211-26-0000 (the “Property”), the legal description of which is located on Exhibit A.
c. Owner and Other Person with Legal or Equitable Interest.

Owner: Barstow Outlet, LLC
Operator and Lessee: Zengrow, Inc
Nature of Interest held by Master Lessee: Master Lease for 10 years with Option to Renew for an additional 10 years
d. Owner Representations and Warranties. Owner represents and warrants that the Owner has consented in writing to the Permitted Uses (as defined below) and the execution and recordation of this Agreement against the Property. e. Permitted Uses. The Premises may be used for one or more, in any combination, of the permitted uses listed below (together, the “Permitted Uses” and individually, a “Permitted Use”) , as presently authorized under Barstow Municipal Code Chapter 19.27, and for any other use as may be authorized under applicable provisions of the Barstow Municipal Code, if all required City permits and state licenses are approved and maintained in full force and effect under applicable law.

License Description State License Type(s)
Cultivation Indoor Types 1A/2A/3A/5A
Manufacturing (volatile) Type 7
Distribution Type 11
e. Zoning. Operator represents and warrants such activities outlined in its Commercial Cannabis Permit Application (“Application”) conducted pursuant to this Agreement and under the Commercial Cannabis Permit shall comply with City’s municipal code, including the zoning ordinance and any and all development and construction requirements contained therein. Owner shall not conduct any business under this Agreement or under the Commercial Cannabis Permit without having obtained all necessary permits, licenses, and approvals from City and State of California. f. Reservation or Dedication of Land for Public Purposes. Sufficient roadway, sidewalk, and utility easements shall be reserved or dedicated to City for such purposes, as depicted in Exhibit D.

3. Term, Extensions.

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a. Term. This Agreement, along with the issued the Cannabis Business Permit and Conditional Use Permit shall commence on the Effective Date and it shall end five (5) years from the starting date.
b. Extension by Operator. Operator, at its sole and absolute discretion may extend this Agreement for one (1) additional five (5) year period following the expiration of the initial five (5) year term; provided that:
(i) Operator shall give written notice to City no later than one hundred twenty (120) days before the expiration of the initial five (5) year term that the Owner desires to extend this Agreement for an additional five (5) year period; (ii) Operator shows adequate evidence to City that it has a legal and/or equitable interest in the Premises and/or will have such interests for the duration of the extended term of the Agreement;
(iii) Operator shall deposit all fees per the Council-adopted fee schedule necessary for processing the extension request and drafting necessary documentation;
(iv) Operator shall comply with all provisions of Ordinance No. 977- 2021, the additional Ordinance adopting this Agreement, Barstow Municipal Code Chapter 19.27 et seq., all terms imposed by City-issued Commercial Cannabis Permit, and City-Issued Conditional Use Permit, and all other requirements of applicable City law and permits; and
(v) Operator and any approved Operators have completed and built the commercial cannabis facility contemplated by the Agreement and has commenced and continues to operate it in compliance with and shall not be in default of any provision of any applicable law, including Barstow Municipal Code Chapter 19.27, or any agreement between City and Operator relative to the development of the Premises or of any condition of approval imposed upon any entitlement granted by City relative to the development of the Premises or cannabis operations for which Owner has been given a written notice to cure by City and for which Owner has not cured or commenced to cure such default within thirty (30) days, if and as provided by such agreement or condition of approval.
c. Extension by Agreement of the Parties. The Parties may agree to extend this Agreement for additional five (5) year periods, provided that the same conditions in Section 2(a) continue to be met and that City has expressly approved a further five (5) year renewed term. The City reserves the right to conditionally approve and/or shorten the length of additional renewal periods. The City shall give at least 180 days’ notice of any proposed nonrenewal of this Agreement.

4. Development Plans. The following shall comprise the Project’s “Development

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Packet Pg. 269 Attachment: Zengrow DA_redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) - 8 -
Plans”:
a. Site Plan and Floor Plan. Operator’s site plan and floor plan for the facility are attached hereto as Exhibit C and incorporated into the Application. b. Landscape Plan. A preliminary landscape plan shall be prepared by the Operator and reviewed and approved by City Manager and/or the Director of Public Works & Development Services, or their respective designees. A final landscape plan shall be prepared and submitted in conjunction with building and site improvement plans prior to issuance of building permits for construction activities. All final landscape plans must comply with the Building Code.
c. Signage Plan. An exterior signage plan shall be prepared and reviewed and approved by City Manager and/or the Director of Public Works & Development Services, or their respective designees, in accordance with the procedures and requirements of the Barstow Municipal Code.

5. Facility Operations. Operator shall comply with the below operating requirements:
a. Compliance with California Cannabis Laws. Operator will operate at all times in compliance with California Cannabis Laws and all other applicable laws. Prior to Operator conducting any Permitted Use, Operator shall be required to obtain a Commercial Cannabis Permit (a “CCP”) and comply with all requirements pursuant to such entitlements, from City pursuant to the Enabling Ordinance and Chapter 19.27 of the Barstow Municipal Code. Further, Operatorshall conduct any Permitted Use in accordance with (i) California Cannabis Laws, as may be amended, (ii) the Enabling Ordinance, (iii) this Development Agreement and the Conditional Use Permit issued per its terms, (iv) a CCP, (v) the Operational and Business Standards (Exhibit E), and the Barstow Municipal Code.
b. Security Plan. Operator shall secure approval of its proposed security plan by the Barstow Police Department prior to opening. The security plan shall include, at a minimum and as appropriate, provisions for video surveillance, perimeter fencing and security, protection of the building(s) from vehicle intrusion, cash handling procedures, internal accounting controls, product handling and storage procedures, and a professionally monitored alarm system. Equipment and systems used for video surveillance and building alarms shall be approved by City.

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Packet Pg. 270 Attachment: Zengrow DA_redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) - 9 -
Video surveillance shall include, at a minimum, all site and facility entrances and access points, all spaces accessible by the public, all secured areas of the facility with restricted access, all interior spaces and rooms where cannabis products are handled and processed, shipping and receiving areas, cash storage areas, and other areas necessary to protect the safety of employees and the public and to ensure cannabis products are received, handled, stored, packaged, shipped, and distributed in compliance with applicable state and local laws and regulations. The video surveillance system shall be web-based with direct access provided to the Barstow Police Department upon request.

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e. Identification Display. Each Operator, their respective manager, employee, and individual member engaged in any Permitted shall at all times while engaged in the duties of his or her position wear in plain sight, on his or her person and at chest level, a valid identification badge, issued by Operator.
f. Employee Background Checks/Procedures for Inventory Control to Prevent Diversion of Cannabis. Only employees who receive clearance from Operator shall be permitted to enter the Premises. Each employee will have to meet a criminal background investigation conducted by the Barstow Police Department, which at minimum shall include a LiveScan criminal history check, which City shall make a good faith effort to facilitate within a reasonable time following the application of a CCP by Operator.

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Packet Pg. 272 Attachment: Zengrow DA_redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) - 11 -
products. Infused products shall not be produced, manufactured, stored, or packaged in private homes.
j. Point of Sale Tracking System. Operator shall maintain an inventory control and reporting system that accurately documents the location of cannabis products from inception through distribution, including descriptions, weight, and quantity. The inventory control and reporting system shall comply with the California Cannabis Track and Trace (CCTT) program required by California Cannabis Laws. Operator will make such CCTT records available to City upon request.

Operator will not store commercial cannabis or related products in its delivery vehicle outside normal operating hours of the facility.

Commercial cannabis products shall be sold or distributed only to licensed facilities in California. Excess or contaminated product will be securely stored on-site until properly

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Packet Pg. 273 Attachment: Zengrow DA_redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) - 12 -
disposed. Disposal may include composting, incineration, land-fill disposal through the local waste management hauler, or other disposal methodology in accordance with California Cannabis Laws.
m. Odor Control. All structures shall have ventilation and filtration systems installed that prevent commercial cannabis plant odors from exiting the interior of the structure. The ventilation and filtration system shall be approved by the Building Department and installed prior to commencing cultivation or manufacturing within the allowable structure. Facility air intake, exhaust, and recirculating system shall be of industrial grade. Activated charcoal, recirculating, and closed loop aeration systems will be utilized as necessary for effective odor control and management. See minimum requirements, pursuant to Municipal Code Section 5.61.280(12). n. Description of Banking Plan. Operator shall seek to open a bank account under the name of Operator or its associated management company to provide transparency for funds received, operational costs, including payroll, tax payments to the state and federal governments. Should a bank account not be forthcoming, Operator shall implement other industry standard banking and/or other industry standard transactional mechanisms. o. Transportation Plan. Operator shall comply with California Cannabis Laws regarding transportation and delivery of cannabis and cannabis products. Operator shall retain a list of names and cellular contact numbers for all employees engaged in transportation of commercial cannabis products and provide it to the applicable oversight authority, keeping the list current and up to date.

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Packet Pg. 274 Attachment: Zengrow DA_redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) - 13 -
efforts, funding for enforcement against illegal cannabis operations, public safety, housing programs, economic development, infrastructure, capital improvements, including expansion and/or improvement to existing facilities or other physical improvements that provide a benefit to the community, support of holiday and special community events, and support of local public service, public safety, litigation defense, and special social and community organizations. This community benefits program may be implemented by City.

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Packet Pg. 275 Attachment: Zengrow DA_redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) - 14 -
apprentice employees. This goal shall apply horizontally, across all departments and managerial positions. The Operator shall not be penalized or deemed in default under this Agreement if it is unable to achieve such a goal. “Local” is defined as within a three-mile radius of City’s boundaries. The purpose of the hiring policy is to facilitate the training and employment of Local and disadvantaged job applicants for jobs within City’s jurisdiction, and three-mile radius of City boundaries. The Operator shall report on compliance with the local hiring goals as part of its annual audit report.
f. Full-time Work. Operator shall make its best efforts to fill every position with a full-time employee. However, at no time shall Operator have a labor force that is composed of less than 50% full-time employees within its labor force, and Operator shall make a good faith effort to maintain a full-time employee level of 75%. Operator agrees to provide to its eligible employees leave benefits, health insurance benefits, and other employee benefits to the extent such benefits are required to be paid for by an employer under applicable state and federal employment laws.

7. Indemnification Agreement by each Cannabis Permittee.

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reimbursement to City for such costs shall be due and payable within thirty (30) days of receipt. Late Fees shall be assessed pursuant to the Barstow Municipal Code provisions applicable to disputes and shall be resolved pursuant to the Municipal Code. c. Operating Fees. As used herein, “Premises” means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the Commercial Cannabis Permittee where one or more Permitted Uses will be or is conducted. The parties stipulate and agree that the square footage for the Premises upon the Effective Date of this Agreement is and shall be during the term of this Agreement:

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in an additional penalty for nonpayment in a sum equal to twenty-five percent (25%) of the total amount due.

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b. Annual Regulatory and Monitoring Fees. Annual Regulatory and Monitoring fees for the Manufacturing, Cultivation and Distribution Permits are based upon the direct and indirect costs City incurs in confirming the use of the Premises in accordance with the municipal code, the Ordinance, this Agreement, and the Application.

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Packet Pg. 279 Attachment: Zengrow DA_redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) - 18 -
and from adequate for such purpose. City shall have the right to audit and examine such books, records and documents and other relevant items in the possession of such Operator, on no less than an annual basis, or at any time upon reasonable request by the City, to the extent necessary for a proper determination of Gross Receipts from Operations, and all such books, records, documents and other items shall be held available for such audit and examination. The City’s audit shall be performed by a non-contingency fee independent auditor approved in advance by the City. Upon request by City, each Operator shall make all such books, records, and documents available to the City Manager, his designee, or to the City approved auditor, and provide removable copies thereof, within thirty (30) of the date of City’s request. Each Operator shall pay all costs of such audits. Each Operator shall preserve such books, records, documents, and other items in Barstow for a period of not less than one (1) years for the purpose of auditing or re-auditing these accounts upon reasonable notice; except that, if an audit is made within the sevenyear period and each Operator claims that errors or omissions have occurred, the books and records shall be retained and made available until those matters are resolved. City shall keep strictly confidential all statements of revenue furnished by each Operator and all other information concerning such Operator’s operation of the Premises obtained by City as a result of the inspection audit and examination privileges of City hereunder, except as otherwise required by law. If City receives a request for such information pursuant to the Public Records Act (California Government Code Section 6250, et seq.), City shall provide each Operator notice of any such request prior to disclosing any such information and afford such Operator the opportunity to obtain a protective order. Within seven (7) years after the receipt of any statement of receipts under this Agreement, City at any time shall be entitled to carry out an audit of such revenue either by City or agent to be designated by City. If it shall be determined as a result of such audit that there has been a deficiency in any payment due under this Agreement made on the basis of such statement, then such deficiency shall become immediately due and payable within thirty (30) days of such determination.
3) Copies of Tax Filings. Each Operator shall provide the City with courtesy copies of each and every CDTFA Quarterly report such Operator is required to provide to the California Department of Tax and Fee Administration for sales and use tax, Cannabis Excise Tax, and/or Cannabis Cultivation Tax, at the time such filings are made. This reporting obligation is imposed on the cannabis business Operator, or Owner if Owner and Operator are the same entity, and not on the Owner if the Owner is solely a landlord and not also a listed permittee or operator of the cannabis business.
b. Future Revenue Mechanisms. During the term of this Agreement, if the City imposes (by Citizen Initiative or otherwise) an alternative revenue mechanism specifically related to cannabis operations (e.g., a cannabis tax), Operator and City agree to renegotiate in good faith the terms of this Agreement so as to conform the aggregate Public Benefit Fees and Operating Fees payable by an Operator with any alternative revenue mechanism approved by voters. As used in this section, “alternative revenue mechanism” does not

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Packet Pg. 280 Attachment: Zengrow DA_redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) - 19 -
include taxes, fees, or assessments levied on or collected from both cannabis and noncannabis operations.

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Packet Pg. 281 Attachment: Zengrow DA_redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) - 20 -
is subcontracted, Operator shall require any general contractor or subcontractor similarly to provide workers’ compensation insurance for such contractor’s or subcontractor’s employees, unless such employees are covered by the protection afforded by such Operator.

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1) Money damages are unavailable against City as provided in Section 15(a) above.
2) Due to the size, nature, and scope of the Project, it may not be practical or possible to restore the Premises to its natural condition once implementation of this Agreement has begun. After such implementation, Operator may be foreclosed from other choices it may have had to use the Premises or portions thereof. Operator has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Operator for its efforts. By the same token, in the event that City issues any permit or other approval for a structure, and the public facilities, improvements, and infrastructure reasonably necessary to provide an adequate level of public services to that structure are not timely completed or Operator otherwise fails to carry out its obligations under this Agreement, then it would not be possible to determine a sum of money that would adequately compensate City for the resulting hardship.

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Packet Pg. 285 Attachment: Zengrow DA_redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) - 24 -
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Operator hereby waives, to the maximum legal extent, the provisions of California Civil Code Section 1542 and all other statutes and judicial decisions of similar effect. d. Attorneys’ Fees and Costs. In any action or proceeding between City and Operator brought to interpret or enforce this Agreement, or which in any way arises out of the existence of this Agreement or is based upon any term or provision contained herein, the “prevailing party” in such action or proceeding shall be entitled to recover from the non-prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this Agreement, the prevailing party’s reasonable attorneys’ fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section 14(e) include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding.
e. Default. No building permit shall be issued or building permit application accepted for Operator for any structure on the Premises after Operator is determined by City to be in default of the terms and conditions of this Agreement until such default thereafter is cured such defaulting party or is waived by City. If City terminates this Agreement as to any Operator because of such Operator’s default, then City shall retain any and all benefits, including money or land received by City hereunder.

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Operator’s contractors, subcontractors, agents, or employees operations under this Agreement. Operator agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations.
c. Indemnification. Operator shall defend, indemnify, and hold harmless City and its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants, and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys’ fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Premises, and all activities conducted under such entitlements; (ii) the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Premises; (iii) any claims based on or alleging inverse condemnation by any person or entity with an interest in the Premises; and (iv) the proceedings undertaken in connection with the adoption or approval of any of the above.

17. California Environmental Quality Act. Operator shall reimburse City for any

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Packet Pg. 287 Attachment: Zengrow DA_redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) - 26 -
and all costs incurred by City related to project review under the California Environmental Quality Act (CEQA), Public Resources Code, §§21000-21189.3, and the Guidelines for California Environmental Quality Act, California Code of Regulations, Title 14, §§15000-15387. If reasonably requested by City, Operator shall conduct and pay for any required CEQA reviews and analyses.

19. Commercial Cannabis Permit Conditions of Approval. Operator shall comply with all conditions of approval of the City-issued Commercial Cannabis Permit and Conditional Use Permit.

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of any business at all times shall be required to comply with the terms of this Agreement and Operator’s CUP and CCP. Operator acknowledges and covenants that the CUP obtained by Operator via this Agreement shall run with the Premises and that this Agreement is binding upon, and the benefits of this Agreement inure to, all authorized successors-in-interest of the Owner, as landlord, as applicable and approved by the City via the assignment approval provisions of Section 21.
c. Special Review. City Council may order a special review of compliance with this Agreement at any time. The City Manager or his or her designee shall conduct such special review. During a special review, Operator shall be required to demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on Operator.
d. Special Review Hearing. At the time and place set for the review hearing, Operator shall be given an opportunity to be heard. If City Council finds, based upon clear and convincing evidence, that Operator has not complied in good faith with the terms or conditions of this Agreement, City Council may terminate this Agreement as to such party notwithstanding any other provision of this Agreement to the contrary, or modify this Agreement as to such party and impose such conditions as are reasonably necessary to protect the interests of City. The decision of City Council shall be final, subject only to judicial review pursuant to Code of Civil Procedure Section 1094.5. e. Certificate of Agreement Compliance. If, after a periodic or special review, Operator is found to be in compliance with this Agreement, and if Master Lessee and/or any Operator requests it, City shall issue a Certificate of Agreement Compliance (“Certificate”) to such requesting party stating that after the most recent periodic or special review, and based upon the information known or made known to the City Manager and City Council, that (i) this Agreement remains in effect and (ii) Operator is not in default.

21. Assignment by Owner, Master Lessee or Operator. Owneror Operator shall not transfer, delegate, sublet or assign its interest, rights, duties, and obligations under this Agreement without the prior written consent of City Council, which consent shall not be unreasonably withheld. Owner or Operator shall submit a transfer application to the City Manager or City Manager’s designee and pay any applicable transfer fee. The proposed transferee must show proof of lawful transfer of possession of the applicable location as may be acceptable to the City. Owner or Operator acknowledges it may take the City approximately three (3) months to process a transfer

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Packet Pg. 289 Attachment: Zengrow DA_redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) - 28 -
application.

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Packet Pg. 290 Attachment: Zengrow DA_redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) - 29 -
[email protected]
With courtesy copy to: Baker, Burton & Lundy, P.C.
515 Pier Ave.

Hermosa Beach, CA 90254
Attn: Mary G. Korkodian
[email protected]
If to Operator: Zengrow, Inc.
3746 Foothill Blvd. #129
Glendale, CA 91214
Attn: Edviu Mehrabyan
With courtesy copy to: Weinberg Gonser Frost LLP
10866 Wilshire Bvld., Sutie 1650
Los Angeles, CA 90024
Attn: Michael Jensen
[email protected]

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Packet Pg. 291 Attachment: Zengrow DA_redlined (5232 : Adoption of Ord. 996-2022 Zengrow Inc. Comm. Cannabis App) - 30 -
and/or the Barstow Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Premises; (3) are necessary to comply with state or federal laws and regulations; or (4) involve sign and parking ordinances and guidelines, changes to the City’s zoning laws, Specific Plan or the City's General Plan, whether adopted previous or subsequent to the Effective Date of this Agreement).

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California commercial cannabis cultivators, transporters, distributors, or possessors may still be subject to arrest by state or federal officers and prosecuted under state or federal law. The Federal Controlled Substances Act, 21 USC § 801, et seq., prohibits the manufacture, distribution, and possession of cannabis without any exemptions for medical use.
j. Force Majeure. If delays are caused by unforeseen events beyond the control of Operator, such delays will entitle Operator to an extension of time as provided in this section. Such unforeseen events (“Force Majeure”) shall mean war, insurrection, acts of God, local, state or national emergencies, strikes and other labor difficulties beyond the party’s control, or any default by City hereunder, which Force Majeure event substantially interferes with the development, construction or operation of the Project. k. Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title, or interest to any portion of the Premises, is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Premises, and all rights and interests of such person in the Premises shall be subject to the terms, requirements, and provisions of this Agreement.
l. Binding Effect of Agreement. The Parties agree that the Recitals above are true and correct and intend to be bound by same. Except as otherwise provided, the burdens of this Agreement are binding upon, and the benefits of this Agreement inure to, all authorized successors-in-interest of the Parties and constitute covenants which run with the Premises. In order to provide constructive notice thereof, the City Clerk will record this Agreement with the San Bernardino County Recorder within the period required by Government Code Section 65868.5.
m. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and Operator is that of a government entity regulating the development of private property and developer of such property.
n. Changes to Project. The Parties acknowledge that changes to the Project or Development Plans and related approvals may be appropriate and mutually desirable to carry out the intent and purpose of this Agreement. This Agreement shall not prevent the City from applying, with the consent or at the request of Operator, Subsequent Land Use Regulations or Subsequent Development Approvals that do not directly conflict with the Project, Premises or Development Plan authorized under this Agreement. The granting of one such change, or request shall not obligate the City to grant other similar changes or requests. As used herein, “Subsequent Development Approvals” include, without

Barstow City CouncilJanuary 17, 2023

Barstow City Council
January 17, 2023