Agenda packet — Barstow City Council, March 17, 2025 (part 1 of 2)

REGULAR MEETING

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MARCH 17, 2025
5:30 PM
(HANDICAPPED ACCESSIBLE)
AGENDA

REGULAR MEETING
Agenda-March 17, 2025

Page 1 of 5 ends

MAYOR
Timothy R. Silva

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

ELECTED CITY CLERK
Andrea Flores

ELECTED CITY TREASURER
Michael Lewis

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

BARSTOW FIRE PROTECTION

DISTRICT
A Subsidiary District of the City of
Barstow
Timothy R. Silva
Carmen M. Hernandez
James M. Noble
Barbara Mae Rose
John “Tex” Williams
CALL TO ORDER - CLOSED SESSION 5:30PM
INVOCATION:

PLEDGE OF ALLEGIANCE:

ROLL CALL:
 Council Member Carmen Hernandez
 Council Member James Noble
 Council Member John “Tex” Williams
 Mayor Pro Tem Barbara Rose
 Mayor Timothy Silva
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY

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

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

CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE
WILL REMEMBER THE "CODE OF ETHICS" THAT WE
VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS

MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH
PATIENCE, CIVILITY, AND COURTESY. THE DECISIONS MADE

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

Agenda-March 17, 2025

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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.

PUBLIC COMMENT - CLOSED SESSION:

CLOSED SESSION AGENDA ITEMS:

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

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

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title: City Manager (Goal Setting)

3. PUBLIC EMPLOYMENT
(Government Code Section 54957)
Position Title: Police Chief
REPORT OF CLOSED SESSION:

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

INVOCATION:

PLEDGE OF ALLEGIANCE:

ROLL CALL:
 Council Member Carmen Hernandez
 Council Member James Noble
 Council Member John “Tex” Williams
 Mayor Pro Tem Barbara Rose
 Mayor Timothy R. Silva
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING

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

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

CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE WILL REMEMBER THE "CODE OF ETHICS" THAT WE VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS MEETING WE WILL Agenda-March 17, 2025

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TREAT EACH OTHER AND THE PUBLIC WITH PATIENCE, CIVILITY, AND COURTESY. THE DECISIONS

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

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

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

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

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

PRESENTATIONS:

4. CANNABIS REVENUE PRESENTATION
Recommended Action:

Presentation only.

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

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

MINUTES ALL AGENCIES:

5. MINUTES REGULAR MEETING - JANUARY 21, 2025, AT 5:00 P.M.

Recommended Action:

Approve minutes as presented.

6. MINUTES JOINT SPECIAL MEETING - JANUARY 23, 2025, AT 8:00 A.M.

Recommended Action:

Approve minutes as presented.

7. MINUTES JOINT SPECIAL MEETING - JANUARY 23, 2025, AT 5:00 P.M.

Recommended Action:

Approve minutes as presented.

8. MINUTES JOINT SPECIAL MEETING - JANUARY 27, 2025, AT 5:30 P.M.

Recommended Action:

Approve minutes as presented.

9. MINUTES JOINT SPECIAL MEETING - FEBRUARY 3, 2025, AT 5:30 P.M.

Recommended Action:

Approve minutes as presented.

10. MINUTES REGULAR MEETING - FEBRUARY 11, 2025, AT 5:30 P.M.

Recommended Action:

Approve minutes as presented.

Agenda-March 17, 2025

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ACCOUNTS PAYABLE ALL AGENCIES: NONE
CITY COUNCIL:

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

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

PUBLIC HEARINGS:

11. FIRST READING AND INTRODUCTION OF AN ORDINANCE OF THE CITY OF BARSTOW ADDING CHAPTER 5.55 TO TITLE 5 REGARDING TOBACCO RETAILER REGISTRATION.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW TO AMEND THE FY 2024/25 MASTER FEES SCHEDULE TO INCLUDE A REGULATORY PERMIT FEE FOR

TOBACCO RETAILERS
Recommended Action:

That the City Council adopt Ordinance No. -2025 requiring registration of tobacco retailers and amending the Barstow Municipal Code to add a new chapter 5.55; and adopt an amendment to the Master Fees Resolution to add a tobacco retailer regulatory permit fee BUSINESS / ACTION ITEMS:

12. COMMUNITY PROMOTIONAL FUND APPLICATION FROM THE CALIFORNIA ROUTE 66

MOTHER ROAD MUSEUM
Recommended Action:

Approve a Community Promotional Fund cash donation in the amount of $2,850, along with inkind support valued at $1,370, to the California Route 66 Museum, contingent upon the applicant’s compliance with the Temporary Use Permit (TUP) process and fulfillment of business license requirements as outlined in the Barstow Municipal Code no later than March 18, 2025.

13. BARSTOW HIGH SCHOOL FOOTBALL BOOSTERS - AWARD OF MEASURE Q YOUTH COMMUNITY PROMOTIONAL FUNDS FY 24-25
Recommended Action:

Recommended Action is staff requesting direction from the Council.

14. CONSIDERATION OF DEVELOPMENT AGREEMENT TERMINATIONS FOR COMMERCIAL CANNABIS BUSINESS OPERATORS WINNERS CIRCLE HD, LLC; SKY CLUB HD, LLC; LA 2 VEGAS, INC.; BARSTOW COMPANY, INC.; 1919 BUILDING, INC.; GROW ORGANIC 5, INC.; GROW ORGANIC 6, INC.; GROW ORGANIC 11, INC.; GROW ORGANIC 12, INC.; MERCHANTS BARSTOW LLC; MERCHANTS BARSTOW 3 LLC; MERCHANTS BARSTOW 4 LLC; MERCHANTS BARSTOW 13 LLC; AND MERCHANTS BARSTOW 14 LLC Recommended Action:

That the City Council adopt resolutions terminating the development agreement with Winners Circle HD, LLC; Sky Club HD, LLC; LA 2 Vegas, Inc.; Barstow Company, Inc.; 1919 Building, Inc.; Grow Organic 5, Inc.; Grow Organic 6, Inc.; Grow Organic 11, Inc.; Grow Organic 12, Inc.; Merchants Barstow LLC; Merchants Barstow 3 LLC; Merchants Barstow 4 LLC; Merchants Barstow 13 LLC; and Merchants Barstow 14 LLC (Attachments 3, 6, 9, 12, 15, 18, 21, 24, 27, 30, 33, 36, 39, and 42) and direct staff to take further steps to terminate the development agreements.

If the development agreements are terminated, then the City plans to assess its options for how to best use the properties.

Agenda-March 17, 2025

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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.

CITY MANAGER REPORTS:

PUBLIC SAFETY REPORTS:
 Update on fire hydrants.

STAFF REPORTS:

COUNCIL COMMITTEE REPORTS:

BUSINESS OF THE COUNCIL:

ADJOURNMENT:

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

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

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

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

Posted on the 13TH day of March, 2025.

Rochelle Clayton, City Manager
Regular Meeting
03/17/25 05:30:PM
Maribel Hernandez
Doc ID: 5927

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LABOR NEGOTIATORS
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

RECOMMENDED ACTION:

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

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:
(Government Code Section 54957)
Title: City Manager (Goal Setting)
2 Packet Pg. 7
Regular Meeting
03/17/25 05:30:PM
Maribel Hernandez
Doc ID: 5925

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

PUBLIC EMPLOYMENT
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:
(Government Code Section 54957)
Position Title: Police Chief
3 Packet Pg. 8
Regular Meeting
03/17/25 05:30 PM
Planning
Heidy Riley
Presentation
Doc ID: 5918

COUNCIL AGENDA ITEM
AGENDA MATTER:

CANNABIS REVENUE PRESENTATION
EXECUTIVE SUMMARY:

In Fiscal Year 2022, the City of Barstow began collecting license, inspection, operating, and community benefit program fees in relation to commercial cannabis businesses. This presentation shall provide information on the commercial cannabis revenues that have been collected from the program's inception thorough February 2025.

DISCUSSION:

On October 4, 2021, the Barstow City Council adopted comprehensive regulations for commercial cannabis businesses, including the collection of initial application, annual license renewal, inspection, and operating fees. The City Council also approved a Community Benefit Program that is funded by commercial cannabis businesses. The presentation this evening will highlight revenues collected from the inception of the City's commercial cannabis business ordinance through February 2025.

FISCAL IMPACT:

None. Informational item only.

RECOMMENDED ACTION:

Presentation only.
4 Packet Pg. 9

CANNABIS REVENUE AUDIT
Program Inception to February 2025

COMMUNITY DEVELOPMENT DEPARTMENT

CANNABIS DIVISION
Presentation to the City Council
March 17, 2025

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Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Presentation) Community Development Department
Cannabis Division
Cannabis Division Fee Definitions:

Fingerprints/Backgrounds - Prior to commencing work at a cannabis facility or a cannabis business park, any responsible persons, employees, independent contractors, and any other persons who will be engaged in the operation of the cannabis facility or a cannabis business park hired or retained after a Cannabis Facilities Regulatory Permit has been obtained by a cannabis facility must submit to and pass a background check.

Initial Application - Annual permit fees and quarterly inspection fees should cover the cost of the inspection, administrative duties, paper, and postage for mail, Finance support and I.T. support Annual Renewal - Annual permit fees are charged to cover costs associated with the administrative duties, paper, and postage for mail, Finance support, and I.T. support.

Quarterly Inspection - Quarterly inspection fees are charged to cover the cost of the inspections conducted by the Cannabis Division to ensure operations of cannabis businesses are conducted per regulations.

Dispensary/Delivery 3% - Three percent (3%) of gross receipts for operations from the cannabis non-storefront retail delivery permits and cannabis storefront retail permits are paid monthly. Fees shall be due to the City on 1st of the month. Failure to pay the fee within 30 days after the due date shall result in an additional penalty for nonpayment in a sum equal to 25 percent of the total amount due.

Facility Fee $5 per Square Foot - A yearly operating fee for non-retail (cultivating, manufacturing, distributing, etc.) of five dollars ($5) per square foot multiplied by the total square footage of the premises is charged annually. Fees shall be paid on December 31st of every year. Failure to pay the fee within 30 days after the due date shall result in an additional penalty for nonpayment in a sum equal to 25 percent of the total amount due.

Community Benefit Program - The City is currently working to adopt a policy which defines the Community Benefit Program. The policy will provide guidelines as to what funds can be spent on and who is eligible to receive funds.
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Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Presentation) Summary of Cannabis Fees - Fiscal Years 2022, 2023, 2024, and 2025 (Through 2-28-2025) Cannabis Fees - Fingerprinting / Backgrounds - Acct #100.780.720.601 Fiscal Year Cannabis Division Totals General Ledger Total Difference Fiscal Year 2022 $ 4,548.00 $ 4,548.00 $ -
Fiscal Year 2023 $ 4,384.00 $ 4,384.00 $ -
Fiscal Year 2024 $ 14,072.00 $ 14,072.00 $ -
Fiscal Year 2025 $ 6,940.00 $ 6,940.00 $ -
Grand Total: $ 29,944.00 $ 29,944.00 $ -
Cannabis Fees - Initial Application - Acct #100.780.720.602 Fiscal Year Cannabis Division Totals General Ledger Total Difference Fiscal Year 2022 $ 428,831.55 $ 429,381.55 $ (550.00)
Fiscal Year 2023 $ 149,158.80 $ 149,158.80 $ -
Fiscal Year 2024 $ - $ - $ -
Fiscal Year 2025 $ 18,644.85 $ 18,094.85 $ 550.00
Grand Total: $ 596,635.20 $ 596,635.20 $ -
Cannabis Fees - Annual Renewal - Acct #100.780.720.603
Fiscal Year Cannabis Division Totals General Ledger Total Difference Fiscal Year 2022 $ - $ - $ -
Fiscal Year 2023 $ 28,215.70 $ 28,215.70 $ -
Fiscal Year 2024 $ 28,215.70 $ 28,215.70 $ -
Fiscal Year 2025 $ 278,630.03 $ 278,630.04 $ (0.01)
Grand Total: $ 335,061.43 $ 335,061.44 $ (0.01)
Fiscal Year Cannabis Division Totals General Ledger Total Difference Fiscal Year 2022 $ 2,750.00 $ 2,200.00 $ 550.00
Fiscal Year 2023 $ 4,950.00 $ 4,950.00 $ -
Fiscal Year 2024 $ 19,250.00 $ 19,250.00 $ -
Fiscal Year 2025 $ 14,080.00 $ 14,630.00 $ (550.00)
Grand Total: $ 41,030.00 $ 41,030.00 $ -
Fiscal Year 2024 (cont.) Cannabis Division Totals 50% Allocation General Ledger Total Difference Fiscal Year 2022 $ 13,704.25 $ 6,852.12 $ 6,852.12 $ -
Fiscal Year 2023 $ 178,274.94 $ 89,137.47 $ 89,137.47 $ - Fiscal Year 2024 $ 275,439.79 $ 137,719.89 $ 137,719.89 $ - Fiscal Year 2025 $ 143,920.60 $ 71,960.32 $ 71,960.32 $ - Grand Total: $ 611,339.58 $ 305,669.80 $ 305,669.80 $ - Fiscal Year Cannabis Division Totals General Ledger Total Difference Fiscal Year 2022 $ - $ - $ -
Fiscal Year 2023 $ - $ - $ -
Fiscal Year 2024 $ 186,775.84 $ 186,775.84 $ -
Fiscal Year 2025 $ 387,655.00 $ 387,655.00 $ -
Grand Total: $ 574,430.84 $ 574,430.84 $ -
Cannabis Division Revenue
Cannabis Fees - Quarterly Inspections - Acct #100.780.720.604 Dispensary/Delivery 3% - Acct #100.780.720.605
Facility Fee $5/SQ FT - Acct #100.780.720.606

FISCAL YEAR TOTALS BY ACCOUNT
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Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Presentation) Summary of Cannabis Fees - Fiscal Years 2022, 2023, 2024, and 2025 (Through 2-28-2025) Cannabis Division Revenue

FISCAL YEAR TOTALS BY ACCOUNT
Fiscal Year Cannabis Division Totals General Ledger Total Difference Fiscal Year 2022 $ 65,000.00 $ 65,000.00 $ -
Fiscal Year 2023 $ 76,249.98 $ 76,249.98 $ -
Fiscal Year 2024 $ 342,689.95 $ 342,689.95 $ -
Fiscal Year 2025 $ 258,395.36 $ 258,395.36 $ -
Grand Total: $ 742,335.29 $ 742,335.29 $ -
Fiscal Year 2024 (cont.) Cannabis Division Totals 50% Allocation General Ledger Total Difference Fiscal Year 2022 $ 13,704.25 $ 6,852.13 $ 6,852.13 $ -
Fiscal Year 2023 $ 178,274.94 $ 89,137.47 $ 89,137.47 $ - Fiscal Year 2024 $ 275,439.79 $ 137,719.90 $ 137,719.90 $ - Fiscal Year 2025 $ 143,920.60 $ 71,960.28 $ 71,960.28 $ - Grand Total: $ 611,339.58 $ 305,669.78 $ 305,669.78 $ - Fiscal Year Cannabis Division Totals General Ledger Total Difference Fiscal Year 2022 $ 514,833.80 $ 514,833.80 $ -
Fiscal Year 2023 $ 441,233.42 $ 441,233.42 $ -
Fiscal Year 2024 $ 866,443.28 $ 866,443.28 $ -
Fiscal Year 2025 $ 1,108,265.84 $ 1,108,265.85 $ (0.01) Grand Total: $ 2,930,776.34 $ 2,930,776.35 $ (0.01)

FISCAL YEAR GRAND TOTALS - ALL CANNABIS FEE ACCOUNTS
Community Benefit Program - Acct #100.780.720.607
Public Safety 50% Alloc - Acct #100.780.720.608
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Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Presentation) 03/06/2025

CITY OF BARSTOW
1 7:59AM
revstat.rpt Revenue Status Report Page:
7/1/2021 through 6/30/2022
Periods: 0 through 14
100 GENERAL FUND
Account Number
Adjusted
Estimate Revenues
Year-to-date
Revenues Balance
Prct
Rcvd
100.780 CANNABIS FEES
100.780.720.601 CANNABIS FEES-FINGERPRINTING/BACKGROUNDS 300.00 4,548.00 4,548.00 -4,248.00 1516.00 100.780.720.602 CANNABIS FEES-INITIAL APPLICATION 93,775.00 429,381.55 429,381.55 -335,606.55 457.88 100.780.720.603 CANNABIS FEES-ANNUAL RENEWAL 0.00 0.00 0.00 0.00 0.00 100.780.720.604 CANNABIS FEES-QUARTERLY INSPECTIONS 1,650.00 2,200.00 2,200.00 -550.00 133.33 100.780.720.605 CANNABIS FEES-DISPENSARY/DELIVERY FEE 3% 0.00 6,852.12 6,852.12 -6,852.12 0.00 100.780.720.606 CANNABIS FEES-FACILITY FEE $5/SQ FT 0.00 0.00 0.00 0.00 0.00 100.780.720.607 CANNABIS FEES-COMMUNITY BENEFIT PROGRAM 0.00 65,000.00 65,000.00 -65,000.00 0.00 100.780.720.608 CANNABIS FEES-PUBLIC SAFETY 50% ALLOC 0.00 6,852.13 6,852.13 -6,852.13 0.00 Total GENERAL FUND 95,725.00 514,833.80 514,833.80 -419,108.80 537.83 Grand Total 95,725.00 514,833.80 514,833.80 -419,108.80 537.83 Page:1
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Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 03/06/2025

CITY OF BARSTOW
1 8:07AM
revstat.rpt Revenue Status Report Page:
7/1/2022 through 6/30/2023
Periods: 0 through 14
100 GENERAL FUND
Account Number
Adjusted
Estimate Revenues
Year-to-date
Revenues Balance
Prct
Rcvd
100.780 CANNABIS FEES
100.780.720.601 CANNABIS FEES-FINGERPRINTING/BACKGROUNDS 5,000.00 4,384.00 4,384.00 616.00 87.68 100.780.720.602 CANNABIS FEES-INITIAL APPLICATION 149,000.00 149,158.80 149,158.80 -158.80 100.11 100.780.720.603 CANNABIS FEES-ANNUAL RENEWAL 28,215.00 28,215.70 28,215.70 -0.70 100.00 100.780.720.604 CANNABIS FEES-QUARTERLY INSPECTIONS 4,400.00 4,950.00 4,950.00 -550.00 112.50 100.780.720.605 CANNABIS FEES-DISPENSARY/DELIVERY FEE 3% 75,500.00 89,137.47 89,137.47 -13,637.47 118.06 100.780.720.606 CANNABIS FEES-FACILITY FEE $5/SQ FT 0.00 0.00 0.00 0.00 0.00 100.780.720.607 CANNABIS FEES-COMMUNITY BENEFIT PROGRAM 76,000.00 76,249.98 76,249.98 -249.98 100.33 100.780.720.608 CANNABIS FEES-PUBLIC SAFETY 50% ALLOC 75,500.00 89,137.47 89,137.47 -13,637.47 118.06 Total GENERAL FUND 413,615.00 441,233.42 441,233.42 -27,618.42 106.68 Grand Total 413,615.00 441,233.42 441,233.42 -27,618.42 106.68 Page:1
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Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 03/06/2025

CITY OF BARSTOW
1 8:08AM
revstat.rpt Revenue Status Report Page:
7/1/2023 through 6/30/2024
Periods: 0 through 14
100 GENERAL FUND
Account Number
Adjusted
Estimate Revenues
Year-to-date
Revenues Balance
Prct
Rcvd
100.780 CANNABIS FEES
100.780.720.601 CANNABIS FEES-FINGERPRINTING/BACKGROUNDS 14,075.00 14,072.00 14,072.00 3.00 99.98 100.780.720.602 CANNABIS FEES-INITIAL APPLICATION 0.00 0.00 0.00 0.00 0.00 100.780.720.603 CANNABIS FEES-ANNUAL RENEWAL 170,000.00 28,215.70 28,215.70 141,784.30 16.60 100.780.720.604 CANNABIS FEES-QUARTERLY INSPECTIONS 40,000.00 19,250.00 19,250.00 20,750.00 48.13 100.780.720.605 CANNABIS FEES-DISPENSARY/DELIVERY FEE 3% 134,570.00 137,719.89 137,719.89 -3,149.89 102.34 100.780.720.606 CANNABIS FEES-FACILITY FEE $5/SQ FT 275,000.00 186,775.84 186,775.84 88,224.16 67.92 100.780.720.607 CANNABIS FEES-COMMUNITY BENEFIT PROGRAM 350,000.00 342,689.95 342,689.95 7,310.05 97.91 100.780.720.608 CANNABIS FEES-PUBLIC SAFETY 50% ALLOC 117,050.00 137,719.90 137,719.90 -20,669.90 117.66 Total GENERAL FUND 1,100,695.00 866,443.28 866,443.28 234,251.72 78.72 Grand Total 1,100,695.00 866,443.28 866,443.28 234,251.72 78.72 Page:1
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Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 03/06/2025

CITY OF BARSTOW
1 8:17AM
revstat.rpt Revenue Status Report Page:
7/1/2024 through 2/28/2025
Periods: 0 through 8
100 GENERAL FUND
Account Number
Adjusted
Estimate Revenues
Year-to-date
Revenues Balance
Prct
Rcvd
100.780 CANNABIS FEES
100.780.720.601 CANNABIS FEES-FINGERPRINTING/BACKGROUNDS 10,000.00 6,940.00 6,940.00 3,060.00 69.40 100.780.720.602 CANNABIS FEES-INITIAL APPLICATION 0.00 18,094.85 18,094.85 -18,094.85 0.00 100.780.720.603 CANNABIS FEES-ANNUAL RENEWAL 127,000.00 278,630.04 278,630.04 -151,630.04 219.39 100.780.720.604 CANNABIS FEES-QUARTERLY INSPECTIONS 17,050.00 14,630.00 14,630.00 2,420.00 85.81 100.780.720.605 CANNABIS FEES-DISPENSARY/DELIVERY FEE 3% 120,000.00 71,960.32 71,960.32 48,039.68 59.97 100.780.720.606 CANNABIS FEES-FACILITY FEE $5/SQ FT 594,500.00 387,655.00 387,655.00 206,845.00 65.21 100.780.720.607 CANNABIS FEES-COMMUNITY BENEFIT PROGRAM 323,500.00 258,395.36 258,395.36 65,104.64 79.87 100.780.720.608 CANNABIS FEES-PUBLIC SAFETY 50% ALLOC 120,000.00 71,960.28 71,960.28 48,039.72 59.97 Total GENERAL FUND 1,312,050.00 1,108,265.85 1,108,265.85 203,784.15 84.47 Grand Total 1,312,050.00 1,108,265.85 1,108,265.85 203,784.15 84.47 Page:1
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Packet Pg. 17
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Cannabis Fees - Fingerprinting / Backgrounds - Acct #100.780.720.601 Fiscal Year Cannabis Division Totals General Ledger Total Difference Fiscal Year 2022 $ 4,548.00 $ 4,548.00 $ -
Fiscal Year 2023 $ 4,384.00 $ 4,384.00 $ -
Fiscal Year 2024 $ 14,072.00 $ 14,072.00 $ -
Fiscal Year 2025 $ 6,940.00 $ 6,940.00 $ -
Grand Total: $ 29,944.00 $ 29,944.00 $ -
Cannabis Division Revenue
8 4.a
Packet Pg. 18
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Presentation) 3/5/2025 10:11:25AM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.601 Title: CANNABIS FEES-FINGERPRINTING/BACKGROUNDS Fiscal Year: 2022 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.601 Title: CANNABIS FEES-FINGERPRINTING/BACKGROUNDS Fiscal Year: 2022 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 6 GJ GJ cashreg 12/6/2021 12/8/2021 Tyler Trx 73339 120121 PD REPORTS BACKGROUND C 300.00 C 9 GJ BA budadj 3/7/2022 3/14/2022 hriley BA030122 FY22 BDGT ADJ/CC APP'D 030722 300.00 9 GJ GJ cashreg 3/21/2022 3/22/2022 Tyler Trx 85764 PD REPORTS 031722 576.00 C 9 GJ GJ cashreg 3/28/2022 4/4/2022 Tyler Trx 86746 CANNABIS BACKGRO 288.00 C 9 GJ GJ cashreg 3/30/2022 4/4/2022 Tyler Trx 87394 CANNABIS FEES 144.00 C 10 GJ GJ cashreg 4/4/2022 4/5/2022 Tyler Trx 87669 CANNIBAS FINGERP 1,400.00 C 10 GJ GJ cashreg 4/4/2022 4/5/2022 Tyler Trx 87670 CANNIBAS FINGERPRINTING 100.00 C 10 GJ GJ cashreg 4/5/2022 4/6/2022 Tyler Trx 87992 CANNIBAS BACK 864.00 C 10 GJ GJ cashreg 4/11/2022 4/12/2022 Tyler Trx 88831 CANNIBAS FINGERPR 144.00 C 10 GJ GJ cashreg 4/13/2022 4/14/2022 Tyler Trx 89303 CANNIBAS BACKGROUND 300.00 C 10 GJ GJ cashreg 4/19/2022 4/20/2022 Tyler Trx 89917 FINGERPRINTING 432.00 C Budget Adjustments: 300.00 Activity: 4,548.00
Page: 2
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Packet Pg. 20
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 10:31:50AM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.601 Title: CANNABIS FEES-FINGERPRINTING/BACKGROUNDS Fiscal Year: 2023 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 10,000.00 6,940.00 3,060.00
2024 14,075.00 14,072.00 3.00
2023 5,000.00 4,384.00 616.00
2022 300.00 4,548.00 4,248.00-
Account Activity
Period Total Budget Revenue Balance
1 5,000.00 0.00 5,000.00
4 0.00 2,052.00 2,948.00
6 0.00 400.00 2,548.00
7 0.00 288.00 2,260.00
8 0.00 300.00 1,960.00
9 0.00 844.00 1,116.00
10 0.00 244.00 872.00
11 0.00 44.00- 916.00
12 0.00 300.00 616.00
Totals: 5,000.00 4,384.00 616.00
Page: 1
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Packet Pg. 21
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 10:31:50AM
Account Information

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.601 Title: CANNABIS FEES-FINGERPRINTING/BACKGROUNDS Fiscal Year: 2023 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 4 GJ GJ cashreg 10/3/2022 10/7/2022 Tyler Trx 107915 PD REPORTS 092922 CANNIBAS FIN 388.00 C 4 GJ GJ cashreg 10/6/2022 10/11/2022 Tyler Trx 108639 PD REPORTS 100522 CANNABIS FIN 444.00 C 4 GJ GJ cashreg 10/11/2022 10/12/2022 Tyler Trx 109029 CANNABIS FINGERPRINTING 300.00 C 4 GJ GJ cashreg 10/11/2022 10/12/2022 Tyler Trx 109033 100622 PD REPORTS CANNABIS FIN 576.00 C 4 GJ GJ cashreg 10/24/2022 10/25/2022 Tyler Trx 110870 PD REPORTS 101922 CANNABIS BAC 100.00 C 4 GJ GJ cashreg 10/24/2022 10/25/2022 Tyler Trx 110874 PD REPORTS 102022 CANNABIS BAC 244.00 C 6 GJ GJ cashreg 12/12/2022 12/13/2022 Tyler Trx 116251 PD REPORTS 120922 400.00 C 7 GJ GJ cashreg 1/3/2023 1/4/2023 Tyler Trx 118627 PD REPORTS 122922 144.00 C 7 GJ GJ cashreg 1/17/2023 1/18/2023 Tyler Trx 119513 PD REPORTS 011123 CANNABIS 144.00 C 8 GJ GJ cashreg 2/1/2023 2/2/2023 Tyler Trx 121893 PD REPORTS 013123 100.00 C 8 GJ GJ cashreg 2/9/2023 2/13/2023 Tyler Trx 122866 PD REPORTS 020823 200.00 C 9 GJ GJ cashreg 3/13/2023 3/14/2023 Tyler Trx 126171 PD REPORTS 030923 844.00 C 10 GJ GJ cashreg 4/11/2023 4/12/2023 Tyler Trx 129969 PD REPORTS 041023 288.00 C 10 AP IN invoice 4/26/2023 4/27/2023 mtolbert 042623 LIVESCAN FEE REIMBURSEMENT 44.00 D Vendor: 013039 - QUALITY LIFE check# 91465 (V)
11 AP IN invoice 5/23/2023 5/24/2023 bfoster 051623 LIVESCAN REIMBURSEMENT - 44.00 D Vendor: 013039 - QUALITY LIFE check# 91666 (V)
12 GJ GJ cashreg 6/6/2023 6/7/2023 Tyler Trx 136443 PD REPORTS 060223 100.00 C 12 GJ GJ cashreg 6/7/2023 6/8/2023 Tyler Trx 136680 PD REPORTS 060623 100.00 C 12 GJ GJ cashreg 6/12/2023 6/13/2023 Tyler Trx 137091 PD REPORTS 060823 100.00 C Budget Adjustments: 0.00 Activity: 4,384.00
Page: 2
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Packet Pg. 22
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 10:34:26AM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.601 Title: CANNABIS FEES-FINGERPRINTING/BACKGROUNDS Fiscal Year: 2024 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 10,000.00 6,940.00 3,060.00
2024 14,075.00 14,072.00 3.00
2023 5,000.00 4,384.00 616.00
2022 300.00 4,548.00 4,248.00-
Account Activity
Period Total Budget Revenue Balance
1 5,000.00 344.00 4,656.00
2 0.00 144.00 4,512.00
3 0.00 944.00 3,568.00
4 0.00 4,664.00 1,096.00-
5 0.00 920.00 2,016.00-
6 0.00 356.00 2,372.00-
7 0.00 1,100.00 3,472.00-
8 3,800.00 1,800.00 1,472.00-
9 0.00 2,100.00 3,572.00-
10 0.00 200.00 3,772.00-
11 0.00 1,200.00 4,972.00-
12 5,275.00 300.00 3.00
Totals:
14,075.00 14,072.00 3.00
Page: 1
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Packet Pg. 23
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 10:34:26AM
Account Information

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.601 Title: CANNABIS FEES-FINGERPRINTING/BACKGROUNDS Fiscal Year: 2024 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 1 GJ GJ cashreg 7/6/2023 7/7/2023 Tyler Trx 139803 PD REPORTS 070323 200.00 C 1 GJ GJ cashreg 7/10/2023 7/12/2023 Tyler Trx 139982 PD REPORTS 070623 144.00 C 2 GJ GJ cashreg 8/3/2023 8/4/2023 Tyler Trx 142452 PD REPORTS 080223 144.00 C 3 GJ GJ cashreg 9/18/2023 9/20/2023 Tyler Trx 146926 PD REPORTS 091523 200.00 C 3 GJ GJ cashreg 9/20/2023 9/21/2023 Tyler Trx 147124 PD REPORTS 091923 100.00 C 3 GJ GJ cashreg 9/21/2023 9/25/2023 Tyler Trx 147246 PD REPORTS 092023 300.00 C 3 GJ GJ cashreg 9/25/2023 9/26/2023 Tyler Trx 147519 PD REPORTS 092123 344.00 C 4 GJ GJ cashreg 10/9/2023 10/10/2023 Tyler Trx 150471 PD REPORT 100523 288.00 C 4 GJ GJ cashreg 10/11/2023 10/12/2023 Tyler Trx 152018 PD REPORTS 101023 400.00 C 4 GJ GJ cashreg 10/16/2023 10/17/2023 Tyler Trx 152291 PD REPORTS 101223 300.00 C 4 GJ GJ cashreg 10/16/2023 10/17/2023 Tyler Trx 152295 PD REPORTS 101123 300.00 C 4 GJ GJ cashreg 10/17/2023 10/18/2023 Tyler Trx 152591 PD REPORTS 101623 1,500.00 C 4 GJ GJ cashreg 10/18/2023 10/19/2023 Tyler Trx 152663 BACKGROUND 100.00 C 4 GJ GJ cashreg 10/19/2023 10/20/2023 Tyler Trx 152913 PD REPORTS 101823 1,100.00 C 4 GJ GJ cashreg 10/23/2023 10/24/2023 Tyler Trx 153204 PD REPORTS 101923 388.00 C 4 GJ GJ cashreg 10/31/2023 11/1/2023 Tyler Trx 154179 PD REPORTS 102623 288.00 C 5 GJ GJ cashreg 11/6/2023 11/7/2023 Tyler Trx 154711 BPD REPORTS 11 02 23 732.00 C 5 GJ GJ cashreg 11/27/2023 11/29/2023 Tyler Trx 156136 11 22 23 BPD REPORTS 144.00 C 5 AP IN invoice 11/29/2023 11/29/2023 mtolbert 042623 LIVESCAN FEE REIMBURSEMENT 44.00 C Vendor: check# 0
6 AP IN invoice 12/5/2023 12/7/2023 mtolbert 042623-REISSUE LIVESCAN REIMNURSEMENT 44.00 D Vendor: check# 93819 (V)
6 GJ GJ cashreg 12/11/2023 12/12/2023 Tyler Trx 158209 120823 CANNABIS FINGER PRINTIN 100.00 C 6 GJ GJ cashreg 12/12/2023 12/13/2023 Tyler Trx 158451 12 11 23 BPD REPORTS 100.00 C 6 GJ GJ cashreg 12/13/2023 12/17/2023 Tyler Trx 158718 121223 BPD REPORTS 200.00 C 7 GJ GJ cashreg 1/9/2024 1/11/2024 Tyler Trx 160974 PD REPORTS 122023 200.00 C 7 GJ GJ cashreg 1/10/2024 1/11/2024 Tyler Trx 161071 PD REPORTS 010824 500.00 C 7 GJ GJ cashreg 1/10/2024 1/11/2024 Tyler Trx 161073 PD REPORTS 010424 100.00 C 7 GJ GJ cashreg 1/10/2024 1/11/2024 Tyler Trx 161078 PD REPORTS 010324 100.00 C 7 GJ GJ cashreg 1/16/2024 1/18/2024 Tyler Trx 161306 PD REPORS 011124 100.00 C 7 GJ GJ cashreg 1/22/2024 1/23/2024 Tyler Trx 161779 BPD REPORTS 011724 100.00 C 8 GJ GJ cashreg 2/5/2024 2/8/2024 Tyler Trx 163747 BPD REPORTS 020224 200.00 C 8 GJ GJ cashreg 2/8/2024 2/9/2024 Tyler Trx 164057 PD REPORTS 020724 100.00 C 8 GJ GJ cashreg 2/14/2024 2/15/2024 Tyler Trx 164715 Barstow - Owner Backgr 200.00 C Page: 2
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Packet Pg. 24
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 10:34:26AM
Account Information

CITY OF BARSTOW
glAInq Page: 3
Account No: R 100.780.720.601 Title: CANNABIS FEES-FINGERPRINTING/BACKGROUNDS Fiscal Year: 2024 8 GJ GJ cashreg 2/22/2024 2/23/2024 Tyler Trx 165671 022124 BPD REPORTS 100.00 C 8 GJ BA budadj 2/21/2024 2/26/2024 hriley BA020124 FY24 MID-YR BDGT ADJ 02/20/24 3,800.00 8 AP IN invoice 2/27/2024 2/27/2024 anflores 051623 LIVESCAN REIMBURSEMENT - 44.00 C Vendor: check# 0
8 AP IN invoice 2/27/2024 2/27/2024 anflores 042623-REISSUE LIVESCAN REIMNURSEMENT 44.00 C Vendor: check# 0
8 GJ GJ cashreg 2/26/2024 2/28/2024 Tyler Trx 165852 022324 BPD REPORTS 1,200.00 C 8 AP IN invoice 2/28/2024 2/28/2024 anflores 022824.1 REISSUE STALE DATE CK#91666 -L 44.00 D Vendor: check# 94754
8 AP IN invoice 2/28/2024 2/28/2024 anflores 022824.2 REISSUE CK#93819 -LIVESCAN REI 44.00 D Vendor: check# 94754
9 GJ GJ cashreg 3/4/2024 3/5/2024 Tyler Trx 166800 022824 BPD REPORTS 100.00 C 9 GJ GJ cashreg 3/4/2024 3/5/2024 Tyler Trx 166801 030124 BPD REPORTS 500.00 C 9 GJ GJ cashreg 3/6/2024 3/11/2024 Tyler Trx 167193 030524 BPD REPORTS 1,100.00 C 9 GJ GJ cashreg 3/8/2024 3/11/2024 Tyler Trx 167319 030724 BPD REPORTS 100.00 C 9 GJ GJ cashreg 3/13/2024 3/14/2024 Tyler Trx 167548 031224 BPD REPORTS 200.00 C 9 GJ GJ cashreg 3/19/2024 3/21/2024 Tyler Trx 167885 PD REPORTS 031824 100.00 C 10 GJ GJ cashreg 4/3/2024 4/4/2024 Tyler Trx 169798 PD REPORTS 040224 100.00 C 10 GJ GJ cashreg 4/26/2024 4/30/2024 Tyler Trx 172833 PD REPORTS 042524 100.00 C 11 GJ GJ cashreg 5/1/2024 5/3/2024 Tyler Trx 173472 PD REPORTS 043024 100.00 C 11 GJ GJ cashreg 5/1/2024 5/3/2024 Tyler Trx 173473 PD REPORTS 043024 100.00 C 11 GJ GJ cashreg 5/8/2024 5/9/2024 Tyler Trx 174231 PD REPORTS 050724 800.00 C 11 GJ GJ cashreg 5/10/2024 5/14/2024 Tyler Trx 174391 BACKGROUND FEE PD RE 100.00 C 11 GJ GJ cashreg 5/14/2024 5/15/2024 Tyler Trx 174622 BACKGROUND FEES PD 100.00 C 12 GJ GJ cashreg 6/11/2024 6/12/2024 Tyler Trx 178407 BACKGROUMD FEES P 300.00 C 12 GJ BA budadj 6/30/2024 9/3/2024 hriley BA060124 FYE 24 BDGT ADJ APP'D 8-19-24 5,275.00 Budget Adjustments: 9,075.00 Activity: 14,072.00
Page: 3
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Packet Pg. 25
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 10:53:50AM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.601 Title: CANNABIS FEES-FINGERPRINTING/BACKGROUNDS Fiscal Year: 2025 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 10,000.00 6,940.00 3,060.00
2024 14,075.00 14,072.00 3.00
2023 5,000.00 4,384.00 616.00
2022 300.00 4,548.00 4,248.00-
Account Activity
Period Total Budget Revenue Balance
1 10,000.00 1,500.00 8,500.00
2 0.00 500.00 8,000.00
3 0.00 1,176.00 6,824.00
4 0.00 244.00 6,580.00
6 0.00 1,388.00 5,192.00
7 0.00 2,132.00 3,060.00
Totals: 10,000.00 6,940.00 3,060.00
Page: 1
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Packet Pg. 26
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 10:53:50AM
Account Information

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.601 Title: CANNABIS FEES-FINGERPRINTING/BACKGROUNDS Fiscal Year: 2025 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 1 GJ GJ cashreg 7/10/2024 7/11/2024 Tyler Trx 181670 GROW ORGANIC BACKGROUND FEES P 300.00 C 1 GJ GJ cashreg 7/11/2024 7/16/2024 Tyler Trx 181827 BACKGROUND FEES PD REP 100.00 C 1 GJ GJ cashreg 7/23/2024 7/25/2024 Tyler Trx 182572 BACKGROUND FEE PD REPOR 100.00 C 1 GJ GJ cashreg 7/23/2024 7/25/2024 Tyler Trx 182587 BACKGROUND FEE PD REPO 100.00 C 1 GJ GJ cashreg 7/29/2024 7/30/2024 Tyler Trx 183023 BACKGROUND FEE PD REPOR 800.00 C 1 GJ GJ cashreg 7/29/2024 7/30/2024 Tyler Trx 183024 BACKGROUND FEE PD REPOR 100.00 C 2 GJ GJ cashreg 8/5/2024 8/7/2024 Tyler Trx 183843 PD REPORTS 080124 100.00 C 2 GJ GJ cashreg 8/5/2024 8/7/2024 Tyler Trx 183844 PD REPORTS 080124 100.00 C 2 GJ GJ cashreg 8/12/2024 8/14/2024 Tyler Trx 184988 PD REPORTS 080824 100.00 C 2 GJ GJ cashreg 8/12/2024 8/14/2024 Tyler Trx 184989 PD REPORTS 080824 100.00 C 2 GJ GJ cashreg 8/21/2024 8/22/2024 Tyler Trx 186362 PD REPORT 082024 100.00 C 3 GJ GJ cashreg 9/16/2024 9/19/2024 Tyler Trx 188699 PD REPORTS 091324 100.00 C 3 GJ GJ cashreg 9/16/2024 9/19/2024 Tyler Trx 188700 PD REPORTS 091324 100.00 C 3 GJ GJ cashreg 9/19/2024 9/24/2024 Tyler Trx 188914 091824 BPD REPORTS 100.00 C 3 GJ GJ cashreg 9/23/2024 9/25/2024 Tyler Trx 189059 PD REPORTS BACKGROUND 092024 100.00 C 3 GJ GJ cashreg 9/24/2024 9/26/2024 Tyler Trx 189427 PD REPORTS 092324 BACKGROUND F 100.00 C 3 GJ GJ cashreg 9/24/2024 9/26/2024 Tyler Trx 189244 LIVESCAN AND 100.00 C 3 GJ GJ cashreg 9/24/2024 9/26/2024 Tyler Trx 189310 LIVESCAN AND -100.00 C 3 GJ GJ cashreg 9/24/2024 9/26/2024 Tyler Trx 189395 / STIIIZY 100.00 C 3 GJ GJ cashreg 9/25/2024 9/30/2024 Tyler Trx 189619 LIVESCAN / BA 144.00 C 3 GJ GJ cashreg 9/25/2024 9/30/2024 Tyler Trx 189620 LIVESCAN / BA 144.00 C 3 GJ GJ cashreg 9/25/2024 9/30/2024 Tyler Trx 189621 LIVESCAN / BACKG 144.00 C 3 GJ GJ cashreg 9/25/2024 9/30/2024 Tyler Trx 189622 LIVESCAN / BACK 144.00 C 4 GJ GJ cashreg 10/1/2024 10/8/2024 Tyler Trx 190608 BACKGROUND RENEWAL / 100.00 C 4 GJ GJ cashreg 10/15/2024 10/21/2024 Tyler Trx 192278 BACKGROUND/ 100.00 C 4 GJ GJ cashreg 10/16/2024 10/21/2024 Tyler Trx 192404 LIVESCAN 44.00 C 6 GJ GJ cashreg 12/9/2024 12/16/2024 Tyler Trx 197683 BACKGROUND / 100.00 C 6 GJ GJ cashreg 12/11/2024 12/17/2024 Tyler Trx 198011 LIVESCAN AND BACKGROUND / 144.00 C 6 GJ GJ cashreg 12/11/2024 12/17/2024 Tyler Trx 198032 BACKGROUND / 100.00 C 6 GJ GJ cashreg 12/18/2024 12/30/2024 Tyler Trx 199221 LIVESCAN / BACKGROUND / 144.00 C 6 GJ GJ cashreg 12/18/2024 12/30/2024 Tyler Trx 199291 8 BACKGROUNDS FOR 2119 BUILDIN 800.00 C 6 GJ GJ cashreg 12/19/2024 1/2/2025 Tyler Trx 199369 BACKGROUND / 100.00 C 7 GJ GJ cashreg 1/6/2025 1/13/2025 Tyler Trx 200904 BACKGROUND RENEWAL / 100.00 C 7 GJ GJ cashreg 1/8/2025 1/14/2025 Tyler Trx 201181 LIVESCAN & BACKGROUND / 144.00 C Page: 2
17 4.a
Packet Pg. 27
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 10:53:50AM
Account Information

CITY OF BARSTOW
glAInq Page: 3
Account No: R 100.780.720.601 Title: CANNABIS FEES-FINGERPRINTING/BACKGROUNDS Fiscal Year: 2025 7 GJ GJ cashreg 1/13/2025 1/15/2025 Tyler Trx 201400 BACKGROUND RENEWAL / 100.00 C 7 GJ GJ cashreg 1/14/2025 1/16/2025 Tyler Trx 201571 BACKGROUND / 100.00 C 7 GJ GJ cashreg 1/21/2025 1/23/2025 Tyler Trx 202107 BACKGROUND / 100.00 C 7 GJ GJ cashreg 1/21/2025 1/23/2025 Tyler Trx 202215 BACKGROUNDS X10 / GROW ORGANIC 1,000.00 C 7 GJ GJ cashreg 1/21/2025 1/23/2025 Tyler Trx 202224 BACKGROUND / 200.00 C 7 GJ GJ cashreg 1/22/2025 1/27/2025 Tyler Trx 202395 BACKGROUND & LIVESCAN / 144.00 C 7 GJ GJ cashreg 1/23/2025 1/28/2025 Tyler Trx 202575 / BACKGROUND 100.00 C 7 GJ GJ cashreg 1/29/2025 2/3/2025 Tyler Trx 203688 LIVESCAN & BACKGROUND / 144.00 C Budget Adjustments: 0.00 Activity: 6,940.00
Page: 3
18 4.a
Packet Pg. 28
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Cannabis Fees - Initial Application - Acct #100.780.720.602 Fiscal Year 2022 Cannabis Division Totals General Ledger Total Difference Quality Life $ 18,644.85 $ 18,644.85 $ -
Stiiizy $ 18,644.85 $ 18,644.85 $ -
Beverly Hills View $ 18,644.85 $ 18,644.85 $ -
KHG Group $ 18,644.85 $ 18,644.85 $ -
Zengrow $ 18,644.85 $ 18,644.85 $ -
2119 Building $ 18,644.85 $ 18,644.85 $ -
Grow Organic 7 $ 18,644.85 $ 18,644.85 $ -
Grow Organic 10 $ 18,644.85 $ 18,644.85 $ -
Culture Cannabis $ 18,644.85 $ 18,644.85 $ -
Nebrina Barstow $ 18,644.85 $ 18,644.85 $ -
Winners Circle $ 18,644.85 $ 18,644.85 $ -
Sky Club $ 18,644.85 $ 18,644.85 $ -
Quality Life #2 $ 18,644.85 $ 18,644.85 $ -
LA 2 Vegas $ 18,644.85 $ 18,644.85 $ -
Barstow Company $ 18,644.85 $ 18,644.85 $ -
1919 Building $ 18,644.85 $ 18,644.85 $ -
Merchants Barstow $ 18,644.85 $ 18,644.85 $ -
Grow Organic 6 $ 18,644.85 $ 18,644.85 $ -
Grow Organic $ 18,644.85 $ 18,644.85 $ -
Grow Organic 9 $ 18,644.85 $ 18,644.85 $ -
Grow Organic 11 $ 18,644.85 $ 18,644.85 $ -
Woolsey Farms $ 18,644.85 $ 18,644.85 $ -
UUC World Trade $ 18,644.85 $ 18,644.85 $ -
Culture Cannabis $ - $ 550.00 $ (550.00)
Grand Total: $ 428,831.55 $ 429,381.55 $ (550.00)
Fiscal Year 2023 Cannabis Division Totals General Ledger Total Difference Grow Organic 5 $ 18,644.85 $ 18,644.85 $ -
Merchants Barstow 3 $ 18,644.85 $ 18,644.85 $ -
Merchants Barstow 13 $ 18,644.85 $ 18,644.85 $ -
Merchants Barstow 4 $ 18,644.85 $ 18,644.85 $ -
High Perior Farms $ 18,644.85 $ 18,644.85 $ -
Merchants Barstow 14 $ 18,644.85 $ 18,644.85 $ -
Grow Organic 12 $ 18,644.85 $ 18,644.85 $ -
Desert Bloom $ 18,644.85 $ 18,644.85 $ -
Grand Total: $ 149,158.80 $ 149,158.80 $ -
Cannabis Division Revenue
Comment: $550 quarterly inspection fee collected in FY22 (Culture Cannabis) credited to incorrect account.

Finance to reclassify payment in FY25 to 100.780.720.604 (Quarterly Inspections). 19 4.a
Packet Pg. 29
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Presentation) Cannabis Fees - Initial Application - Acct #100.780.720.602 Cannabis Division Revenue
Fiscal Year 2024 Cannabis Division Totals General Ledger Total Difference No Applications Received $ - $ - $ -
Grand Total: $ - $ - $ -
Fiscal Year 2025 (Through 02/25) Cannabis Division Totals General Ledger Total Difference Grow Organic 7 (COO) $ 18,644.85 $ 18,644.85 $ -
Culture Cannabis $ - $ (550.00) $ 550.00
Grand Total: $ 18,644.85 $ 18,094.85 $ 550.00
Initial Application - Acct #100.780.720.602
Summary of all Fiscal Years Cannabis Division Totals General Ledger Total Difference GRAND TOTAL (All FY's)* $ 596,635.20 $ 596,635.20 $ -
*Includes FY 22, 23, 24, and 25 (Through 2/28/2025)
Comment: $550 quarterly inspection fee collected in FY22 (Culture Cannabis) credited to incorrect account.

Finance reclassified payment in FY25 to 100.780.720.604 (Quarterly Inspections). 20 4.a
Packet Pg. 30
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Presentation) 3/5/2025 11:11:22AM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.602 Title: CANNABIS FEES-INITIAL APPLICATION Fiscal Year: 2022 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 0.00 18,094.85 18,094.85-
2024 0.00 0.00 0.00
2023 149,000.00 149,158.80 158.80-
2022 93,775.00 429,381.55 335,606.55-
Account Activity
Period Total Budget Revenue Balance
6 0.00 37,289.70 37,289.70-
7 0.00 75,129.40 112,419.10-
9 93,775.00 335,607.30 354,251.40-
10 0.00 18,644.85- 335,606.55-
Totals: 93,775.00 429,381.55 335,606.55-
Page: 1
21 4.a
Packet Pg. 31
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 11:11:22AM
Account Information

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.602 Title: CANNABIS FEES-INITIAL APPLICATION Fiscal Year: 2022 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 6 GJ GJ cashreg 12/1/2021 12/3/2021 Tyler Trx 73038 MICHAEL WILHOIT INITIAL APPLIC 18,644.85 C 6 GJ GJ cashreg 12/1/2021 12/3/2021 Tyler Trx 73131 SHRYNE BARSTWO LLC INITIAL APP 18,644.85 C 7 GJ GJ cashreg 1/5/2022 1/11/2022 Tyler Trx 78001 2824 LENWOOD RD INITIAL CANNA 550.00 C 7 GJ GJ genjrnl 1/5/2022 3/9/2022 mtolbert JE018422 PCUP 22 0002 RCLS CANNIBIS FEE 18,644.85 C 7 GJ GJ cashreg 1/27/2022 1/31/2022 Tyler Trx 79106 PCUP 22 0002 2795 LENWOOD RD 18,644.85 C 7 GJ GJ cashreg 1/27/2022 1/31/2022 Tyler Trx 79137 PCUP 22 0004 2552 MERCANTILE W 18,644.85 C 7 GJ GJ cashreg 1/27/2022 1/31/2022 Tyler Trx 79138 PCUP 22 0003 2552 MERCANTILE W 18,644.85 C 9 GJ BA budadj 3/7/2022 3/14/2022 hriley BA030122 FY22 BDGT ADJ/CC APP'D 030722 93,775.00 9 GJ GJ cashreg 3/29/2022 4/4/2022 Tyler Trx 87035 PCUP 22 0006 QUALITY LIFE CANN 18,644.85 C 9 GJ GJ cashreg 3/30/2022 4/4/2022 Tyler Trx 87337 PCUP 22 0018 2809 LENWOOD RD 8 18,644.85 C 9 GJ GJ cashreg 3/30/2022 4/4/2022 Tyler Trx 87338 PCUP 22 0017 2809 LENWOOD RD 18,644.85 C 9 GJ GJ cashreg 3/30/2022 4/4/2022 Tyler Trx 87339 PCUP 22 0021 2825 LENWOOD RD B 18,644.85 C 9 GJ GJ cashreg 3/30/2022 4/4/2022 Tyler Trx 87342 PCUP 22 0020 2813 LENWOOD RD B 18,644.85 C 9 GJ GJ cashreg 3/30/2022 4/4/2022 Tyler Trx 87343 PCUP 22 0019 2805 LENWOOD RD B 18,644.85 C 9 GJ GJ cashreg 3/30/2022 4/4/2022 Tyler Trx 87344 PCUP 22 0016 2817 LENWOOD RD 7 18,644.85 C 9 GJ GJ cashreg 3/30/2022 4/4/2022 Tyler Trx 87345 PCUP 22 0015 2829 LENWOOD RD B 18,644.85 C 9 GJ GJ cashreg 3/30/2022 4/4/2022 Tyler Trx 87346 PCUP 22 0010 2592 MERCANTILE W 18,644.85 C 9 GJ GJ cashreg 3/30/2022 4/4/2022 Tyler Trx 87347 PCUP 22 0007 2594 MERCANTILE W 18,644.85 C 9 GJ GJ cashreg 3/30/2022 4/4/2022 Tyler Trx 87348 PCUP 22 0008 2596 MERCANTILE W 18,644.85 C 9 GJ GJ cashreg 3/30/2022 4/4/2022 Tyler Trx 87349 PCUP 22 0009 2586 MERCANTILE W 18,644.85 C 9 GJ GJ cashreg 3/30/2022 4/4/2022 Tyler Trx 87350 PCUP 22 0012 2552 MERCANTILE W 18,644.85 C 9 GJ GJ cashreg 3/30/2022 4/4/2022 Tyler Trx 87351 PCUP 22 0011 2861 LENWOOD RD B 18,644.85 C 9 GJ GJ cashreg 3/30/2022 4/4/2022 Tyler Trx 87353 PCUP 22 0014 2590 MERCANTILE W 18,644.85 C 9 GJ GJ cashreg 3/30/2022 4/4/2022 Tyler Trx 87354 PCUP 22 0013 2590 MERCANTILE W 18,644.85 C 9 GJ GJ cashreg 3/30/2022 4/4/2022 Tyler Trx 87410 PCUP 22 0022 2989 LENWOOD ROAD 18,644.85 C 9 GJ GJ cashreg 3/30/2022 4/4/2022 Tyler Trx 87412 PCUP 22 0023 2989 LENWOOD RD # 18,644.85 C 10 GJ GJ genjrnl 4/5/2022 4/7/2022 gpena JE040922 RMV 6 CANNABIS FEE APP CHRGBCK 111,869.10 D 10 GJ GJ cashreg 4/7/2022 4/11/2022 Tyler Trx 88400 2809 LENWOOD RD 8A GROW ORGANI 18,644.85 C 10 GJ GJ cashreg 4/7/2022 4/11/2022 Tyler Trx 88402 2829 LENWOOD RD 6 GROW ORGANIC 18,644.85 C 10 GJ GJ cashreg 4/7/2022 4/11/2022 Tyler Trx 88410 2817 LENWOOD RD 7 GROW ORGANIC 18,644.85 C 10 GJ GJ cashreg 4/7/2022 4/11/2022 Tyler Trx 88415 2809 LENWOOD RD 8B GROW ORGANI 18,644.85 C 10 GJ GJ cashreg 4/7/2022 4/11/2022 Tyler Trx 88419 2805 LENWOOD RD 9 GROW ORGANIC 18,644.85 C 10 GJ GJ cashreg 4/7/2022 4/11/2022 Tyler Trx 88433 2809 LENWOOD RD 8A GROW ORGANI -18,644.85 C 10 GJ GJ cashreg 4/7/2022 4/11/2022 Tyler Trx 88439 2825 LENWOOD RD 1 GROW ORGANIC 18,644.85 C Page: 2
Reclass FY25
22 4.a
Packet Pg. 32
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 11:11:22AM
Account Information

CITY OF BARSTOW
glAInq Page: 3
Account No: R 100.780.720.602Title: CANNABIS FEES-INITIAL APPLICATION Fiscal Year: 2022 Budget Adjustments: 93,775.00 Activity: 429,381.55
Page: 3
23 4.a
Packet Pg. 33
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 11:23:52AM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.602 Title: CANNABIS FEES-INITIAL APPLICATION Fiscal Year: 2023 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.602 Title: CANNABIS FEES-INITIAL APPLICATION Fiscal Year: 2023 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 2 GJ GJ cashreg 8/31/2022 9/1/2022 Tyler Trx 105812 INT CANNIBAS APP DESERT BLOOM 18,644.85 C 2 GJ GJ cashreg 8/31/2022 9/1/2022 Tyler Trx 105813 INT CANNIBAS APP MERCHANTS BAR 18,644.85 C 2 GJ GJ cashreg 8/31/2022 9/1/2022 Tyler Trx 105814 INT CANNIBAS APP MERCHANTS BAR 18,644.85 C 2 GJ GJ cashreg 8/31/2022 9/1/2022 Tyler Trx 105817 INT CANNIBAS APP MERCHANTS BAR 18,644.85 C 2 GJ GJ cashreg 8/31/2022 9/1/2022 Tyler Trx 105819 INT CANNIBAS APP MERCHANTS BAR 18,644.85 C 2 GJ GJ cashreg 8/31/2022 9/1/2022 Tyler Trx 105821 INT CANNIBAS APP HIGH PERIOR P 18,644.85 C 2 GJ GJ cashreg 8/31/2022 9/1/2022 Tyler Trx 105822 INT CANNIBAS APP GROW ORGANIC 18,644.85 C 2 GJ GJ cashreg 8/31/2022 9/1/2022 Tyler Trx 105823 INT CANNIBAS APP GROW ORGANIC 18,644.85 C 3 GJ GJ genjrnl 9/7/2022 9/15/2022 gpena JE091222 RMV GROW ORGANICS CANNABIS APP 37,289.70 D 3 GJ GJ cashreg 9/13/2022 9/14/2022 Tyler Trx 106475 PCUP 22 0033 2837 LENWOOD RD G 18,644.85 C 3 GJ GJ cashreg 9/13/2022 9/14/2022 Tyler Trx 106477 PCUP 22 0033 2833 LENWOOD RD G 18,644.85 C 8 GJ BA budadj 2/22/2023 2/22/2023 hriley BA020123 FY23 MID-YR BDGT ADJ 2-21-23 149,000.00 Budget Adjustments: 149,000.00 Activity: 149,158.80
Page: 2
25 4.a
Packet Pg. 35
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 11:28:49AM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.602 Title: CANNABIS FEES-INITIAL APPLICATION Fiscal Year: 2024 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 0.00 18,094.85 18,094.85-
2024 0.00 0.00 0.00
2023 149,000.00 149,158.80 158.80-
2022 93,775.00 429,381.55 335,606.55-
Account Activity
Period Total Budget Revenue Balance
1 0.00 0.00 0.00
Totals: 0.00 0.00 0.00
Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C Budget Adjustments: 0.00 Activity: 0.00
Page: 1
26 4.a
Packet Pg. 36
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 11:34:08AM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.602 Title: CANNABIS FEES-INITIAL APPLICATION Fiscal Year: 2025 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 0.00 18,094.85 18,094.85-
2024 0.00 0.00 0.00
2023 149,000.00 149,158.80 158.80-
2022 93,775.00 429,381.55 335,606.55-
Account Activity
Period Total Budget Revenue Balance
1 0.00 0.00 0.00
7 0.00 18,644.85 18,644.85-
8 0.00 550.00- 18,094.85-
Totals: 0.00 18,094.85 18,094.85-
Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 7 GJ GJ cashreg 1/30/2025 2/3/2025 Tyler Trx 203833 GROW ORGANIC 7 18,644.80 C 7 GJ GJ cashreg 1/30/2025 2/3/2025 Tyler Trx 203848 GROW ORGANIC 7 -18,644.80 C 7 GJ GJ cashreg 1/30/2025 2/3/2025 Tyler Trx 203849 GROW ORGANIC 7 18,644.85 C 8 GJ GJ genjrnl 2/28/2025 3/4/2025 ddespain JE025325 RCLS CANNABIS APP FEE 550.00 D Budget Adjustments: 0.00 Activity: 18,094.85
Page: 1
Reclass FY22
27 4.a
Packet Pg. 37
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Cannabis Fees - Annual Renewal - Acct #100.780.720.603
Fiscal Year 2022 Cannabis Division Totals General Ledger Total Difference No Fees Collected $ - $ - $ -
Grand Total: $ - $ - $ -
Fiscal Year 2023 Cannabis Division Totals General Ledger Total Difference Quality Life $ 14,107.85 $ 14,107.85 $ -
Stiiizy $ 14,107.85 $ 14,107.85 $ -
Grand Total: $ 28,215.70 $ 28,215.70 $ -
Fiscal Year 2024 Cannabis Division Totals General Ledger Total Difference Quality Life $ 14,107.85 $ 14,107.85 $ -
Culture Cannabis $ 14,107.85 $ 14,107.85 $ -
Grand Total: $ 28,215.70 $ 28,215.70 $ -
Fiscal Year 2025 (Through 02/25) Cannabis Division Totals General Ledger Total Difference Stiiizy $ 14,107.85 $ 14,107.85 $ -
Beverly Hills View $ 14,107.85 $ 14,107.85 $ -
KHG Group $ 14,107.85 $ 14,107.85 $ -
2119 Building $ 14,107.85 $ 14,107.85 $ -
Grow Organic 7 $ 14,107.85 $ 14,107.85 $ -
Grow Organic 10 $ 14,107.85 $ 14,107.85 $ -
Desert Bloom $ 14,107.85 $ 14,107.85 $ -
Culture Cannabis $ 14,107.85 $ 14,107.85 $ -
Nebrina Barstow $ 14,107.85 $ 14,107.85 $ -
Nebrina Barstow (Penalty) $ 3,526.96 $ 3,526.96 $ -
Nebrina Barstow $ 14,107.85 $ 14,107.85 $ -
Nebrina Barstow (Penalty) $ 3,526.96 $ 3,526.97 $ (0.01) Sky Club $ 14,107.85 $ 14,107.85 $ -
LA 2 Vegas $ 14,107.85 $ 14,107.85 $ -
Barstow Company $ 14,107.85 $ 14,107.85 $ -
Barstow Company (Penalty) $ 3,526.96 $ 3,526.96 $ -
1919 Building $ 14,107.85 $ 14,107.85 $ -
Grow Organic10 $ 14,107.85 $ 14,107.85 $ -
Grow Organic 7 $ 14,107.85 $ 14,107.85 $ -
Grow Organic 9 $ 14,107.85 $ 14,107.85 $ -
Grow Organic $ 14,107.85 $ 14,107.85 $ -
Merchants Barstow 14 $ 14,107.85 $ 14,107.85 $ -
Grand Total: $ 278,630.03 $ 278,630.04 $ (0.01)
Summary of all Fiscal Years Cannabis Division Totals General Ledger Total Difference GRAND TOTAL (All FY's)* $ 335,061.43 $ 335,061.44 $ (0.01) *Includes FY 22, 23, 24, and 25 (Through 2/28/2025)
Annual Renewal - Acct #100.780.720.603
Cannabis Division Revenue
28 4.a
Packet Pg. 38
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Presentation) 3/5/2025 11:56:40AM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.603 Title: CANNABIS FEES-ANNUAL RENEWAL Fiscal Year: 2022 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C Budget Adjustments: 0.00 Activity: 0.00
Page: 1
29 4.a
Packet Pg. 39
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 11:59:45AM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.603 Title: CANNABIS FEES-ANNUAL RENEWAL Fiscal Year: 2023 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 127,000.00 278,630.04 151,630.04-
2024 170,000.00 28,215.70 141,784.30
2023 28,215.00 28,215.70 0.70-
2022 0.00 0.00 0.00
Account Activity
Period Total Budget Revenue Balance
1 0.00 0.00 0.00
7 0.00 14,107.85 14,107.85-
8 0.00 14,107.85 28,215.70-
12 28,215.00 0.00 0.70-
Totals: 28,215.00 28,215.70 0.70-
Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 7 GJ GJ cashreg 1/31/2023 2/1/2023 Tyler Trx 121799 SHRYNE BARSTOW LLC 2560 HIGH P 14,107.85 C 8 GJ GJ cashreg 2/8/2023 2/9/2023 Tyler Trx 122758 QUALITY LIFE LICENSE 0001 14,107.85 C 12 GJ BA budadj 6/21/2023 6/21/2023 hriley BA060223 FYE 23 BDGT AJ CC APP'D 062023 28,215.00 Budget Adjustments: 28,215.00 Activity: 28,215.70
Page: 1
30 4.a
Packet Pg. 40
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 12:03:40PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.603 Title: CANNABIS FEES-ANNUAL RENEWAL Fiscal Year: 2024 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.603 Title: CANNABIS FEES-ANNUAL RENEWAL Fiscal Year: 2024 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 6 GJ GJ cashreg 12/6/2023 12/7/2023 Tyler Trx 157717 DESERT BLOOM HOLDINGS ANNUAL O 25,881.25 C 6 GJ GJ cashreg 12/18/2023 12/19/2023 Tyler Trx 159146 NOV23 QUALITY LIFE YEARLY 5,416.66 C 6 GJ GJ genjrnl 12/31/2023 4/9/2024 ddespain JE127623 RCLS DESERT BLOOM HLDING ANNL 25,881.25 D 6 GJ GJ genjrnl 12/31/2023 4/9/2024 ddespain JE127623 RCLS NOV23 QUALITY LIFE YEARLY 5,416.66 D 8 GJ BA budadj 2/21/2024 2/26/2024 hriley BA020124 FY24 MID-YR BDGT ADJ 02/20/24 -80,000.00 9 GJ GJ cashreg 3/28/2024 3/29/2024 Tyler Trx 168906 LICENSE RENEWAL QUALITY LIFE 2 14,107.85 C 11 GJ GJ cashreg 5/29/2024 5/30/2024 Tyler Trx 176572 ANIL MOHAN 2824 LENWOOD RD LIC 14,107.85 C Budget Adjustments: 80,000.00- Activity: 28,215.70
Page: 2
32 4.a
Packet Pg. 42
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 12:07:41PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.603 Title: CANNABIS FEES-ANNUAL RENEWAL Fiscal Year: 2025 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.603 Title: CANNABIS FEES-ANNUAL RENEWAL Fiscal Year: 2025 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 1 GJ GJ cashreg 7/9/2024 7/10/2024 Tyler Trx 181562 STIZZY FY 24 LICENSE RENEWAL 14,107.85 C 2 GJ GJ cashreg 8/29/2024 9/4/2024 Tyler Trx 187496 LA 2 VEGAS 14,107.85 C 2 GJ GJ cashreg 8/29/2024 9/4/2024 Tyler Trx 187452 SKY CLUB HD LLC 2588 MERCANTIL 14,107.85 C 2 GJ GJ cashreg 8/29/2024 9/4/2024 Tyler Trx 187453 MERCHNTS BARSTOW 14 LLC 2857 L 14,107.85 C 2 GJ GJ cashreg 8/28/2024 9/5/2024 Tyler Trx 187271 FY24 GROW ORGANIC 9 14,107.85 C 2 GJ GJ cashreg 8/28/2024 9/5/2024 Tyler Trx 187272 FY24 GROW ORGANIC 14,107.85 C 2 GJ GJ genjrnl 8/29/2024 9/10/2024 ddespain JE085524 REC CANNABIS PMT 2590 MERCHWAY 14,107.85 C 3 GJ GJ cashreg 9/26/2024 10/1/2024 Tyler Trx 189976 2119 BUILDING INC #19 14,107.85 C 3 GJ GJ cashreg 9/26/2024 10/1/2024 Tyler Trx 189981 BEVERLY HILLS VIEW INC 14,107.85 C 4 GJ GJ cashreg 10/3/2024 10/9/2024 Tyler Trx 191252 KHG GROUP LLC 2586 MERCANTILE 14,107.85 C 4 GJ GJ cashreg 10/7/2024 10/14/2024 Tyler Trx 191416 DESERT BLOOM BLDG 1 QTR INSPEC 14,107.85 C 4 GJ GJ cashreg 10/17/2024 10/21/2024 Tyler Trx 192641 RCLS 2592 MERCANTILE WAY BLDG 17,634.81 C 4 GJ GJ genjrnl 10/21/2024 12/12/2024 bchavez JE105624 RCLS NEBRINA FY23&FY24 RENEWAL 35,269.63 C 6 GJ GJ cashreg 12/11/2024 12/17/2024 Tyler Trx 197892 LICENSE RENEWAL CULTURE CANNAB 14,107.85 C 7 GJ GJ cashreg 1/21/2025 1/23/2025 Tyler Trx 202199 GROW ORGANIC 10 FY/24 14,107.85 C 7 GJ GJ cashreg 1/21/2025 1/23/2025 Tyler Trx 202202 GROW ORGANIC 7 FY/24 14,107.85 C 7 GJ GJ cashreg 1/23/2025 1/28/2025 Tyler Trx 202693 GROW ORGANIC 9 FY2025 RENEWAL 14,107.85 C 7 GJ GJ cashreg 1/23/2025 1/28/2025 Tyler Trx 202694 GROW ORGANIC FY2025 RENEWAL 14,107.85 C Budget Adjustments: 0.00 Activity: 278,630.04
Page: 2
34 4.a
Packet Pg. 44
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Fiscal Year 2022 Cannabis Division Totals General Ledger Total Difference Quality Life $ 550.00 $ 550.00 $ -
Stiiizy $ 550.00 $ 550.00 $ -
Culture Cannabis $ 550.00 $ - $ 550.00
Nebrina Barstow $ 550.00 $ 550.00 $ -
Quality Life - 2nd Location $ 550.00 $ 550.00 $ -
Grand Total: $ 2,750.00 $ 2,200.00 $ 550.00
Fiscal Year 2023 Cannabis Division Totals General Ledger Total Difference Quality Life $ 2,200.00 $ 2,200.00 $ -
Stiiizy $ 2,750.00 $ 2,750.00 $ -
Grand Total: $ 4,950.00 $ 4,950.00 $ -
Fiscal Year 2024 Cannabis Division Totals General Ledger Total Difference Quality Life $ 3,300.00 $ 3,300.00 $ -
Stiiizy $ 2,200.00 $ 2,200.00 $ -
Beverly Hills View $ 2,200.00 $ 2,200.00 $ -
KHG Group $ 1,650.00 $ 1,650.00 $ -
Zengrow $ 1,100.00 $ 1,100.00 $ -
2119 Building Inc. $ 2,200.00 $ 2,200.00 $ -
Grow Organic 7 $ 2,200.00 $ 2,200.00 $ -
Grow Organic 10 $ 2,200.00 $ 2,200.00 $ -
Desert Bloom $ 2,200.00 $ 2,200.00 $ -
Grand Total: $ 19,250.00 $ 19,250.00 $ -
Fiscal Year 2025 (Through 02/25) Cannabis Division Totals General Ledger Total Difference Quality Life $ 2,200.00 $ 2,200.00 $ -
Stiiizy $ 2,200.00 $ 2,200.00 $ -
Beverly Hills View $ 1,650.00 $ 1,650.00 $ -
KHG Group $ 1,100.00 $ 1,100.00 $ -
Zengrow $ 550.00 $ 550.00 $ -
2119 Building Inc. $ 1,650.00 $ 1,650.00 $ -
Grow Organic 7 $ 1,430.00 $ 1,430.00 $ -
Grow Organic 10 $ 1,100.00 $ 1,100.00 $ -
Desert Bloom $ 2,200.00 $ 2,200.00 $ -
Culture Cannabis $ 550.00 $ (550.00)
Grand Total: $ 14,080.00 $ 14,630.00 $ (550.00)
Summary of all Fiscal Years Cannabis Division Totals General Ledger Total Difference GRAND TOTAL (All FY's)* $ 41,030.00 $ 41,030.00 $ -
*Includes FY 22, 23, 24, and 25 (Through 2/28/2025)
Comment: $550 quarterly inspection fee collected in FY22 (Culture Cannabis) credited to incorrect account.

Finance to reclassify payment in FY25 from 100.780.720.602 (Quarterly Inspections).

Comment: $550 quarterly inspection fee collected in FY22 (Culture Cannabis) credited to incorrect account.

Finance reclassified payment in FY25 from 100.780.720.602 (Quarterly Inspections).

Cannabis Fees - Quarterly Inpections - Acct #100.780.720.604 Cannabis Fees - Quarterly Inspections - Acct #100.780.720.604 Cannabis Division Revenue
35 4.a
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Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Presentation) 3/5/2025 12:24:30PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.604 Title: CANNABIS FEES-QUARTERLY INSPECTIONS Fiscal Year: 2022 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
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0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 17,050.00 14,630.00 2,420.00
2024 40,000.00 19,250.00 20,750.00
2023 4,400.00 4,950.00 550.00-
2022 1,650.00 2,200.00 550.00-
Account Activity
Period Total Budget Revenue Balance
6 0.00 1,100.00 1,100.00-
7 0.00 550.00 1,650.00-
9 1,650.00 550.00 550.00-
Totals: 1,650.00 2,200.00 550.00-
Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 6 GJ GJ cashreg 12/1/2021 12/3/2021 Tyler Trx 73037 MICHAEL WILHOIT QUARTERLY INSP 550.00 C 6 GJ GJ cashreg 12/2/2021 12/6/2021 Tyler Trx 73305 SHYRNE BARSTOW LLC AMARYLISS G 550.00 C 7 GJ GJ cashreg 1/27/2022 1/31/2022 Tyler Trx 79107 PCUP 22 0002 2795 LENWOOD RD 550.00 C 9 GJ BA budadj 3/7/2022 3/14/2022 hriley BA030122 FY22 BDGT ADJ/CC APP'D 030722 1,650.00 9 GJ GJ cashreg 3/29/2022 4/4/2022 Tyler Trx 87036 PCUP 22 0006 QUALITY LIFE CANN 550.00 C Budget Adjustments: 1,650.00 Activity: 2,200.00
Page: 1
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Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 1:57:15PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.604 Title: CANNABIS FEES-QUARTERLY INSPECTIONS Fiscal Year: 2023 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
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Y
Y
N
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0.00 Report Group 1:

Report Group 2:

Comments:

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.604 Title: CANNABIS FEES-QUARTERLY INSPECTIONS Fiscal Year: 2023 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 2 GJ GJ cashreg 8/10/2022 8/11/2022 Tyler Trx 102193 Q2 QUALITY LIFE 2841 LENWOOD R 550.00 C 4 GJ GJ cashreg 10/6/2022 10/11/2022 Tyler Trx 108683 STIIIZY 2060 HIGH POINT PARKWA 550.00 C 7 GJ GJ cashreg 1/12/2023 1/17/2023 Tyler Trx 119273 QUALITY LIFE 2841 LENWOOD RD # 550.00 C 8 GJ GJ cashreg 2/8/2023 2/9/2023 Tyler Trx 122754 STIIZY 2560 HIGHPOINT 1ST & 2N 1,100.00 C 10 GJ GJ cashreg 4/7/2023 4/10/2023 Tyler Trx 129438 STIIIZY BARSTOW Q3 Q4 INSPECTI 1,100.00 C 10 GJ GJ cashreg 4/12/2023 4/14/2023 Tyler Trx 130085 QUALITY LIFE 4TH QUARTER 550.00 C 12 GJ GJ cashreg 6/16/2023 6/20/2023 Tyler Trx 137634 MAY 2023 QUALITY LIFE 550.00 C 12 GJ BA budadj 6/21/2023 6/21/2023 hriley BA060223 FYE 23 BDGT AJ CC APP'D 062023 1,900.00 Budget Adjustments: 1,900.00 Activity: 4,950.00
Page: 2
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Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 2:01:35PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.604 Title: CANNABIS FEES-QUARTERLY INSPECTIONS Fiscal Year: 2024 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
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Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.604 Title: CANNABIS FEES-QUARTERLY INSPECTIONS Fiscal Year: 2024 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 2 GJ GJ cashreg 8/3/2023 8/4/2023 Tyler Trx 142343 2ND QRT QUALITY LIFE 2841 LENW 550.00 C 2 GJ GJ cashreg 8/3/2023 8/4/2023 Tyler Trx 142344 3RD QRT QUALITY LIFE 2841 LENW 550.00 C 2 GJ GJ cashreg 8/4/2023 8/7/2023 Tyler Trx 142712 GROW ORGANICS 7 550.00 C 2 GJ GJ cashreg 8/4/2023 8/7/2023 Tyler Trx 142726 2119 BUILDING 550.00 C 2 GJ GJ cashreg 8/4/2023 8/7/2023 Tyler Trx 142730 BEVERLY HILLS VIEW 550.00 C 2 GJ GJ cashreg 8/7/2023 8/8/2023 Tyler Trx 142773 KHG GROUP INC 550.00 C 2 GJ GJ genjrnl 8/9/2023 8/21/2023 bfoster JE083123 GROW ORGANICS 7-NSF RTN 080923 550.00 D 2 GJ GJ cashreg 8/16/2023 8/17/2023 Tyler Trx 144157 GROW ORGANIC 7 REPLACEMENT PYM 550.00 C 2 GJ GJ cashreg 8/23/2023 8/24/2023 Tyler Trx 145029 2119 BUILDING INC 2590 MERCANT 550.00 C 2 GJ GJ cashreg 8/25/2023 8/28/2023 Tyler Trx 145280 GROW ORGANIC 2813 LENWOOD RD B 550.00 C 2 GJ GJ cashreg 8/25/2023 8/28/2023 Tyler Trx 145287 DESERT BLOOM HOLDINGS LLC 2865 550.00 C 4 GJ GJ cashreg 10/24/2023 10/25/2023 Tyler Trx 153339 Q1 Q2 Q3 Q4 STIIIZY BARSTOW 2,200.00 C 6 GJ GJ cashreg 12/12/2023 12/13/2023 Tyler Trx 158440 ZENGROW INC 550.00 C 6 GJ GJ cashreg 12/14/2023 12/17/2023 Tyler Trx 158758 DESERT BLOOM HOLDINGS 2ND QTR 550.00 C 7 GJ GJ cashreg 1/8/2024 1/9/2024 Tyler Trx 160882 2119 BUILDING INC. 550.00 C 7 GJ GJ cashreg 1/9/2024 1/11/2024 Tyler Trx 161061 KTTG GROUP LLC 2ND QTR 550.00 C 7 GJ GJ cashreg 1/31/2024 2/5/2024 Tyler Trx 163207 2ND QTR BEVERLY HILLS VIEW 550.00 C 7 GJ GJ cashreg 1/31/2024 2/5/2024 Tyler Trx 163208 4TH INSPEC FEE BEVERLY HIILS V 550.00 C 8 GJ GJ cashreg 2/6/2024 2/8/2024 Tyler Trx 163948 2QTR 4TH INSP DESERT BLOOM HOL 550.00 C 8 GJ GJ cashreg 2/6/2024 2/8/2024 Tyler Trx 163922 QTRLY INSPECTION QUALITY LIFE 550.00 C 8 GJ GJ cashreg 2/9/2024 2/12/2024 Tyler Trx 164279 2ND QTR GROW ORGANIC 7 1,100.00 C 8 GJ GJ cashreg 2/9/2024 2/12/2024 Tyler Trx 164282 2ND QTR GROW ORGANIC 10 1,100.00 C 9 GJ GJ cashreg 3/26/2024 3/27/2024 Tyler Trx 168473 Q INSPECTION ZENGROW INC 2861 550.00 C 9 GJ GJ cashreg 3/28/2024 3/29/2024 Tyler Trx 168905 QRTLY INSPECT QUALITY LIFE 284 1,650.00 C 10 GJ GJ cashreg 4/2/2024 4/3/2024 Tyler Trx 169565 KHG-GROUP LLC 550.00 C 10 GJ GJ cashreg 4/8/2024 4/10/2024 Tyler Trx 170673 GROW ORGANIC 3RD QTRLY INSECTI 550.00 C 10 GJ GJ cashreg 4/10/2024 4/11/2024 Tyler Trx 170857 DESERT BLOOM 3RD QUARTER 550.00 C 11 GJ GJ cashreg 5/7/2024 5/8/2024 Tyler Trx 174128 THIRD QUARTER 2119 BUILDING IN 550.00 C 11 GJ GJ cashreg 5/7/2024 5/8/2024 Tyler Trx 174129 QUARTER 3 BEVERLY HILLS VIEW I 550.00 C 12 GJ GJ cashreg 6/5/2024 6/6/2024 Tyler Trx 177819 GROW ORGANIC 10 2552 MERCANTIL 550.00 C Budget Adjustments: 0.00 Activity: 19,250.00
Page: 2
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Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 2:09:22PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.604 Title: CANNABIS FEES-QUARTERLY INSPECTIONS Fiscal Year: 2025 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.604 Title: CANNABIS FEES-QUARTERLY INSPECTIONS Fiscal Year: 2025 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 1 GJ GJ cashreg 7/9/2024 7/10/2024 Tyler Trx 181638 Q2 INSPECTIONS ZENGROW INC 550.00 C 1 GJ GJ cashreg 7/9/2024 7/10/2024 Tyler Trx 181540 4TH QUATER FEE DESERT BLOOM 28 550.00 C 1 GJ GJ cashreg 7/17/2024 7/18/2024 Tyler Trx 182301 KHG GROUP 2586 MERCANTILE WAY 550.00 C 1 GJ GJ cashreg 7/18/2024 7/23/2024 Tyler Trx 182347 BEVERLY HILLS 2594 MERCANTILE 550.00 C 1 GJ GJ cashreg 7/18/2024 7/23/2024 Tyler Trx 182348 2119 BUILDING 2590 MERCANTILE 550.00 C 1 GJ GJ cashreg 7/18/2024 7/23/2024 Tyler Trx 182349 2119 BUILDING 2590 MERCANTILE 550.00 C 2 GJ GJ cashreg 8/13/2024 8/15/2024 Tyler Trx 185428 GROW ORGANIC 10 2813 LENWOOD R 550.00 C 3 GJ GJ cashreg 9/26/2024 10/1/2024 Tyler Trx 189978 2119 BUILDING INC #19 550.00 C 3 GJ GJ cashreg 9/26/2024 10/1/2024 Tyler Trx 189980 BEVERLY HILLS VIEW INC 550.00 C 4 GJ GJ cashreg 10/3/2024 10/9/2024 Tyler Trx 191254 KHG GROUP LLC 2586 MERCANTILE 550.00 C 4 GJ GJ cashreg 10/7/2024 10/14/2024 Tyler Trx 191415 DESERT BLOOM BLDG 1 QTR INSPEC 550.00 C 6 GJ GJ cashreg 12/5/2024 12/10/2024 Tyler Trx 197341 STIIIZY QUARTERLY FEES OPERATI 2,200.00 C 6 GJ GJ cashreg 12/18/2024 12/30/2024 Tyler Trx 199300 BEVERLY HILLS 2594 MERCANTILE 550.00 C 6 GJ GJ cashreg 12/19/2024 1/2/2025 Tyler Trx 199367 DESERT BLOOM 2865 LENWOOD QUAR 550.00 C 7 GJ GJ cashreg 1/21/2025 1/23/2025 Tyler Trx 202198 GROW ORGANIC 10 Q2 NOV24 JAN25 550.00 C 7 GJ GJ cashreg 1/21/2025 1/23/2025 Tyler Trx 202200 GROW ORGANIC 7 Q4 MAY24 JUL24 550.00 C 7 GJ GJ cashreg 1/21/2025 1/23/2025 Tyler Trx 202201 GROW ORGANIC 7 Q2 NOV24 JAN25 550.00 C 7 GJ GJ cashreg 1/23/2025 1/28/2025 Tyler Trx 202695 GROW ORGANIC 7 3RD QTR FEB APR 330.00 C 7 GJ GJ cashreg 1/29/2025 2/3/2025 Tyler Trx 203687 DESERT BLOOM 2ND QTR NOV24 JAN 550.00 C 8 GJ GJ cashreg 2/5/2025 2/6/2025 Tyler Trx 204632 QUALITY LIFE INC 2024 Q4 2025 2,200.00 C 8 GJ GJ genjrnl 2/28/2025 3/4/2025 ddespain JE025325 RCLS CANNABIS APP FEE 550.00 C Budget Adjustments: 0.00 Activity: 14,630.00
Page: 2
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Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Fiscal Year 2022 Cannabis Division Totals 50% Allocation General Ledger Total Difference Apr22 Payment $ 2,135.81 $ 1,067.90 $ 1,067.90 $ -
May22 Payment $ 5,585.70 $ 2,792.85 $ 2,792.85 $ -
Jun22 Payment $ 5,982.74 $ 2,991.37 $ 2,991.37 $ -
Grand Total: $ 13,704.25 $ 6,852.12 $ 6,852.12 $ -
Fiscal Year 2023 Cannabis Division Totals 50% Allocation General Ledger Total Difference Jul22 Payment $ 6,496.30 $ 3,248.15 $ 3,248.15 $ -
Aug22 Payment $ 6,461.78 $ 3,230.89 $ 3,230.89 $ -
Sep22 Payment $ 7,270.38 $ 3,635.19 $ 3,635.19 $ -
Oct22 Payment $ 7,533.78 $ 3,766.89 $ 3,766.89 $ -
Nov22 Payment $ 6,446.60 $ 3,223.30 $ 3,223.30 $ -
Dec22 Payment $ 6,537.52 $ 3,268.76 $ 3,268.76 $ -
Jan23 Payment $ 6,101.13 $ 3,050.56 $ 3,050.56 $ -
Feb23 Payment $ 5,933.55 $ 2,966.77 $ 2,966.77 $ -
Mar23 Payment $ 7,089.17 $ 3,544.58 $ 3,544.58 $ -
Apr23 Payment $ 7,320.95 $ 3,660.48 $ 3,660.48 $ -
May23 Payment $ 7,196.18 $ 3,598.09 $ 3,598.09 $ -
Jun23 Payment $ 7,158.56 $ 3,579.28 $ 3,579.28 $ -
Stiiizy
Oct22 Payment $ 2,910.97 $ 1,455.48 $ 1,455.48 $ -
Nov22 Payment $ 7,382.81 $ 3,691.41 $ 3,691.41 $ -
Dec22 Payment $ 9,521.05 $ 4,760.53 $ 4,760.53 $ -
Jan23 Payment $ 9,343.88 $ 4,671.94 $ 4,671.94 $ -
Feb23 Payment $ 10,119.91 $ 5,059.96 $ 5,059.96 $ -
Mar23 Payment $ 12,909.73 $ 6,454.86 $ 6,454.86 $ -
Apr23 Payment $ 13,128.93 $ 6,564.47 $ 6,564.47 $ -
Apr23 Penalty $ 3,282.23 $ 1,641.11 $ 1,641.11 $ -
May23 Payment $ 13,989.02 $ 6,994.51 $ 6,994.51 $ -
Jun23 Payment $ 14,140.51 $ 7,070.26 $ 7,070.26 $ -
Grand Total: $ 178,274.94 $ 89,137.47 $ 89,137.47 $ -
Fiscal Year 2024 Cannabis Division Totals 50% Allocation General Ledger Total Difference Jul23 Payment $ 6,868.63 $ 3,434.32 $ 3,434.32 $ -
Aug23 Payment $ 7,316.81 $ 3,658.41 $ 3,658.41 $ -
Sep23 Payment $ 7,252.52 $ 3,626.26 $ 3,626.26 $ -
Oct23 Payment $ 7,100.85 $ 3,550.43 $ 3,550.43 $ -
Nov23 Payment $ 7,061.11 $ 3,530.55 $ 3,530.55 $ -
Dec23 Payment $ 7,366.02 $ 3,683.01 $ 3,683.01 $ -
Jan24 Payment $ 7,078.56 $ 3,539.28 $ 3,539.28 $ -
Feb24 Payment $ 6,682.69 $ 3,341.34 $ 3,341.34 $ -
Mar24 Payment $ 7,581.06 $ 3,790.53 $ 3,790.53 $ -
Apr24 Payment $ 6,764.26 $ 3,382.13 $ 3,382.13 $ -
May24 Payment $ 7,261.21 $ 3,630.61 $ 3,630.61 $ -
Jun24 Payment $ 6,514.51 $ 3,257.25 $ 3,257.25 $ -
Dispensary/Delivery 3% - Acct #100.780.720.605
Cannabis Division Revenue
Quality Life
Quality Life
Quality Life
43 4.a
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Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Presentation) Dispensary/Delivery 3% - Acct #100.780.720.605
Cannabis Division Revenue
Fiscal Year 2024 (cont.) Cannabis Division Totals 50% Allocation General Ledger Total Difference Stiiizy
Jul23 Payment $ 14,387.23 $ 7,193.62 $ 7,193.62 $ -
Aug23 Payment $ 14,307.66 $ 7,153.83 $ 7,153.83 $ -
Aug23 Penalty $ 3,576.92 $ 1,788.46 $ 1,788.46 $ -
Sep23 Payment $ 14,150.63 $ 7,075.31 $ 7,075.31 $ -
Oct23 Payment $ 14,260.04 $ 7,130.02 $ 7,130.02 $ -
Nov23 Payment $ 13,918.06 $ 6,959.03 $ 6,959.03 $ -
Dec23 Payment $ 15,689.62 $ 7,844.81 $ 7,844.81 $ -
Jan24 Payment $ 13,647.76 $ 6,823.88 $ 6,823.88 $ -
Feb24 Payment $ 15,280.61 $ 7,640.31 $ 7,640.31 $ -
Mar24 Payment $ 17,519.10 $ 8,759.53 $ 8,759.53 $ -
Apr24 Payment $ 18,092.75 $ 9,046.38 $ 9,046.38 $ -
May24 Payment $ 18,457.68 $ 9,228.84 $ 9,228.84 $ -
Jun24 Payment $ 17,303.50 $ 8,651.75 $ 8,651.75 $ -
Grand Total: $ 275,439.79 $ 137,719.89 $ 137,719.89 $ - Fiscal Year 2025 (Through 02/25) Cannabis Division Totals 50% Allocation General Ledger Total Difference Jul24 Payment $ 6,275.14 $ 3,137.57 $ 3,137.57 $ -
Aug24 Payment $ 6,538.18 $ 3,269.09 $ 3,269.09 $ -
Sep24 Payment $ 5,897.40 $ 2,948.70 $ 2,948.70 $ -
Oct24 Payment $ 6,561.15 $ 3,280.58 $ 3,280.58 $ -
Nov24 Payment $ 6,369.80 $ 3,184.90 $ 3,184.90 $ -
Dec24 Payment $ 6,135.08 $ 3,067.54 $ 3,067.54 $ -
Jan25 Payment $ 6,320.03 $ 3,160.02 $ 3,160.02 $ -
Stiiizy &
Jul24 Payment $ 15,961.10 $ 7,980.55 $ 7,980.55 $ -
Aug24 Payment $ 17,090.44 $ 8,545.22 $ 8,545.22 $ -
Sep24 Payment $ 16,347.97 $ 8,173.99 $ 8,173.99 $ -
Oct24 Payment $ 17,370.40 $ 8,685.20 $ 8,685.20 $ -
Nov24 Payment $ 18,033.75 $ 9,016.88 $ 9,016.88 $ -
Jan25 Payment $ 15,020.16 $ 7,510.08 $ 7,510.08 $ -
Grand Total: $ 143,920.60 $ 71,960.32 $ 71,960.32 $ -
&
Stiizy Dec24 Payment Received on 3/3/2025; Failed Delivery Attempt Summary of all Fiscal Years Cannabis Division Totals 50% Allocation General Ledger Total Difference GRAND TOTAL (All FY's)* $ 611,339.58 $ 305,669.80 $ 305,669.80 $ - *Includes FY 22, 23, 24, and 25 (Through 2/28/2025)
Cannabis Fees - Dispensary/Delivery Fee 3% - Acct #100.780.720.605 Quality Life
44 4.a
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Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Presentation) 3/5/2025 3:42:51PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.605 Title: CANNABIS FEES-DISPENSARY/DELIVERY FEE 3% Fiscal Year: 2022 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

0.00 6,852.12 6,852.12-
Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 11 GJ GJ cashreg 5/16/2022 5/17/2022 Tyler Trx 92379 QUALITY LIFE APRIL 2022 PYMT 2,135.81 C 12 GJ GJ cashreg 6/14/2022 6/16/2022 Tyler Trx 96130 QUALITY LIFE 2841 LENWOOD 2 5,585.70 C 12 GJ GJ genjrnl 6/30/2022 7/20/2022 gpena ACC061422 ACC JUN22 CANNABIS 3% PMT FY22 5,982.74 C 12 GJ GJ genjrnl 6/30/2022 9/6/2022 gpena JE0610822 REC CANNABIS FEE TO PUB SAFETY 6,852.13 D Budget Adjustments: 0.00 Activity: 6,852.12
Page: 1
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Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 3:56:53PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.605 Title: CANNABIS FEES-DISPENSARY/DELIVERY FEE 3% Fiscal Year: 2023 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 120,000.00 71,960.32 48,039.68
2024 134,570.00 137,719.89 3,149.89-
2023 75,500.00 89,137.47 13,637.47-
2022 0.00 6,852.12 6,852.12-
Account Activity
Period Total Budget Revenue Balance
1 65,000.00 0.00 65,000.00
2 0.00 6,496.30 58,503.70
3 0.00 6,461.78 52,041.92
4 0.00 7,270.38 44,771.54
5 0.00 10,444.75 34,326.79
6 0.00 6,446.60 27,880.19
7 0.00 23,441.38 4,438.81
8 32,500.00- 22,558.09- 5,503.10-
9 0.00 8,026.72 13,529.82-
10 0.00 9,999.45 23,529.27-
11 0.00 3,660.48 27,189.75-
12 43,000.00 29,447.72 13,637.47-
Totals:
75,500.00 89,137.47 13,637.47-
Page: 1
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Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 3:56:53PM
Account Information

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.605 Title: CANNABIS FEES-DISPENSARY/DELIVERY FEE 3% Fiscal Year: 2023 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 1 GJ GJ genjrnl 7/1/2022 7/21/2022 gpena ACC061422-R ACC JUN22 CANNABIS 3% PMT FY22 5,982.74 D 1 GJ GJ cashreg 7/13/2022 7/14/2022 Tyler Trx 99842 QUALITY LIFE 2841 LENWOOD RD 2 5,982.74 C 2 GJ GJ cashreg 8/10/2022 8/11/2022 Tyler Trx 102194 JULY 2022 QUALITY LIFE 2841 LE 6,496.30 C 3 GJ GJ cashreg 9/14/2022 9/15/2022 Tyler Trx 106584 AUG 2022 QUALITY LIFE MONTHLY 6,461.78 C 4 GJ GJ cashreg 10/26/2022 10/27/2022 Tyler Trx 111338 SEPT 22 QUALITY LIFEMONTHLY CA 7,270.38 C 5 GJ GJ cashreg 11/15/2022 11/16/2022 Tyler Trx 113101 OCT 2022 QUALITY LIFE PYMT 7,533.78 C 5 GJ GJ cashreg 11/29/2022 11/30/2022 Tyler Trx 114132 OCT 22 STIIIZY MONTHLY CANNABI 2,910.97 C 6 GJ GJ cashreg 12/15/2022 12/19/2022 Tyler Trx 116920 NOV 2022 QUALITY LIFE 1 6,446.60 C 7 GJ GJ cashreg 1/3/2023 1/4/2023 Tyler Trx 118592 STIIIZY BARSTOW MONTHLY PYMT 7,382.81 C 7 GJ GJ cashreg 1/12/2023 1/17/2023 Tyler Trx 119272 QUALITY LIFE 2841 LENWOOD RD # 6,537.52 C 7 GJ GJ cashreg 1/26/2023 1/27/2023 Tyler Trx 120882 STIIZY DEC 2022 CITY TAX FEES 9,521.05 C 8 GJ GJ cashreg 2/8/2023 2/9/2023 Tyler Trx 122759 QUALITY LIFE LICENSE 0001 6,101.13 C 8 GJ GJ cashreg 2/21/2023 2/22/2023 Tyler Trx 123860 STIIIZY BARSTOW LLC JAN 2023 9,343.88 C 8 GJ BA budadj 2/22/2023 2/22/2023 hriley BA020123 FY23 MID-YR BDGT ADJ 2-21-23 -32,500.00 8 GJ GJ genjrnl 2/28/2023 3/7/2023 gpena JE025323 REC CANNABIS FEE TO PUB SAFETY 38,003.10 D 9 GJ GJ cashreg 3/21/2023 3/22/2023 Tyler Trx 127006 QUALITY LIFE MONTHLY 5,933.55 C 9 GJ GJ cashreg 3/21/2023 3/22/2023 Tyler Trx 127035 QUALITY LIFE MONTHLY -5,933.55 C 9 GJ GJ cashreg 3/21/2023 3/22/2023 Tyler Trx 127037 QUALITY LIFE MONTHLY 2,966.77 C 9 GJ GJ cashreg 3/28/2023 4/3/2023 Tyler Trx 128032 STIIZY BARSTOW 3% DELIVERY FEE 10,119.91 C 9 GJ GJ genjrnl 3/28/2023 4/10/2023 gpena JE038223 RCLS CANNABIS 50% SAFETY ALLOC 5,059.96 D 10 GJ GJ cashreg 4/12/2023 4/14/2023 Tyler Trx 130081 QUALITY LIFE 1ST LOCATION 3,544.59 C 10 GJ GJ cashreg 4/26/2023 4/28/2023 Tyler Trx 131680 MAR 2023 STIIIZY 6,454.86 C 10 GJ GJ cashreg 4/26/2023 4/28/2023 Tyler Trx 131686 MAR 2023 STIIIZY 6,454.86 C 10 GJ GJ cashreg 4/26/2023 4/28/2023 Tyler Trx 131688 MAR 2023 STIIIZY -6,454.86 C 11 GJ GJ cashreg 5/30/2023 5/31/2023 Tyler Trx 135418 QUALITY LIFE APRIL FEE 3,660.48 C 12 GJ GJ cashreg 6/5/2023 6/6/2023 Tyler Trx 136312 STIIZY DELIVERY DISPENSE FEE 8,205.58 C 12 GJ GJ cashreg 6/16/2023 6/20/2023 Tyler Trx 137571 MAY 2023 QUALITY LIFE 3,598.09 C 12 GJ BA budadj 6/21/2023 6/21/2023 hriley BA060223 FYE 23 BDGT AJ CC APP'D 062023 43,000.00 12 GJ GJ cashreg 6/29/2023 6/30/2023 Tyler Trx 139144 MAY 2023 STIIIZY BARSTOW 6,994.51 C 12 GJ GJ genjrnl 6/30/2023 8/2/2023 gpena ACC061423 ACC FY23 JUN23 CANNABIS 3% FEE 10,649.54 C Budget Adjustments: 10,500.00 Activity: 89,137.47
Page: 2
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Packet Pg. 57
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 3:58:52PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.605 Title: CANNABIS FEES-DISPENSARY/DELIVERY FEE 3% Fiscal Year: 2024 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 120,000.00 71,960.32 48,039.68
2024 134,570.00 137,719.89 3,149.89-
2023 75,500.00 89,137.47 13,637.47-
2022 0.00 6,852.12 6,852.12-
Account Activity
Period Total Budget Revenue Balance
1 70,000.00 0.00 70,000.00
2 0.00 10,627.94 59,372.06
3 0.00 3,658.41 55,713.65
4 0.00 12,568.55 43,145.10
5 0.00 10,625.74 32,519.36
6 0.00 17,619.60 14,899.76
7 0.00 11,527.82 3,371.94
8 0.00 10,363.16 6,991.22-
9 0.00 10,981.65 17,972.87-
10 0.00 21,309.63 39,282.50-
11 0.00 12,428.51 51,711.01-
12 64,570.00 16,008.88 3,149.89-
Totals: 134,570.00 137,719.89 3,149.89-
Page: 1
48 4.a
Packet Pg. 58
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 3:58:52PM
Account Information

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.605 Title: CANNABIS FEES-DISPENSARY/DELIVERY FEE 3% Fiscal Year: 2024 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 1 GJ GJ genjrnl 7/1/2023 8/2/2023 gpena ACC061423-R ACC FY23 JUN23 CANNABIS 3% FEE 10,649.54 D 1 GJ GJ cashreg 7/12/2023 7/13/2023 Tyler Trx 140359 JUNE 2023 QUALITY LIFE MONTHLY 3,579.28 C 1 GJ GJ cashreg 7/31/2023 8/1/2023 Tyler Trx 141877 JUNE MONTHLY PMT STIIIZY 7,070.26 C 2 GJ GJ cashreg 8/22/2023 8/23/2023 Tyler Trx 144923 JULY 2023 PMT QUALITY LIFE 3,434.32 C 2 GJ GJ cashreg 8/31/2023 9/1/2023 Tyler Trx 145880 STIIZY BARSTOW MONTHLY 7,193.61 C 2 GJ GJ cashreg 8/31/2023 9/1/2023 Tyler Trx 145882 STIIZY BARSTOW MONTHLY 0.01 C 3 GJ GJ cashreg 9/12/2023 9/14/2023 Tyler Trx 146602 AUGUST 2023 GROSS RECEIPT 3,658.41 C 4 GJ GJ cashreg 10/9/2023 10/10/2023 Tyler Trx 150684 SEPT MONTHLY GROSS QUALITY LIF 3,626.26 C 4 GJ GJ cashreg 10/24/2023 10/25/2023 Tyler Trx 153450 AUG 2023 STIIIZY BARSTOW 2560 8,942.29 C 5 GJ GJ cashreg 11/1/2023 11/2/2023 Tyler Trx 154299 SEPT 2023 STIIIZY BARSTOW MONT 7,075.31 C 5 GJ GJ cashreg 11/7/2023 11/8/2023 Tyler Trx 154822 OCT 2023 QUALITY LIFE 3,550.43 C 6 GJ GJ cashreg 12/4/2023 12/5/2023 Tyler Trx 157388 OCT 2023 STIIIZY BARSTOW 7,130.02 C 6 GJ GJ cashreg 12/14/2023 12/17/2023 Tyler Trx 158830 STIIIZY BARSTOW NOV 2023 6,959.03 C 6 GJ GJ cashreg 12/18/2023 12/19/2023 Tyler Trx 159145 NOV23 QUALITY LIFE MONTHLY 3,530.55 C 7 GJ GJ cashreg 1/11/2024 1/12/2024 Tyler Trx 161199 DEC2023 QUALITY LIFE 3,683.01 C 7 GJ GJ cashreg 1/11/2024 1/12/2024 Tyler Trx 161215 DEC2023 QUALITY LIFE -3,683.01 C 7 GJ GJ cashreg 1/11/2024 1/12/2024 Tyler Trx 161222 DEC 2023 QUALITY LIFE 3,683.01 C 7 GJ GJ cashreg 1/22/2024 1/23/2024 Tyler Trx 161859 DEC 2023 STIIIZY BARSTOW 7,844.81 C 8 GJ GJ cashreg 2/20/2024 2/21/2024 Tyler Trx 165294 JAN 2024 STIIZY BARSTOW 6,823.88 C 8 GJ GJ cashreg 2/20/2024 2/21/2024 Tyler Trx 165325 JAN2024 QUALITY LIFE 3,539.28 C 9 GJ GJ cashreg 3/18/2024 3/19/2024 Tyler Trx 167825 STIIIZY 2560 HIGH POINT PARKWA 15,280.61 C 9 GJ GJ cashreg 3/28/2024 3/29/2024 Tyler Trx 168907 DELIVERY 3% FEE QUALITY LIFE 2 6,682.69 C 9 GJ GJ genjrnl 3/31/2024 4/12/2024 ddespain JE036324 RCLS STIIIZY 3/18 PMT 50% PUB 7,640.31 D 9 GJ GJ genjrnl 3/31/2024 4/12/2024 ddespain JE036324 RCLS QUALITY LIFE 3/24 PMT PS 3,341.34 D 10 GJ GJ cashreg 4/12/2024 4/16/2024 Tyler Trx 171205 STIZZY 2560 HIGH POINT PKW 3% 17,519.10 C 10 GJ GJ cashreg 4/24/2024 4/25/2024 Tyler Trx 172505 QUALITY LIFE 2841 LENWOOD RD U 3,790.53 C 11 GJ GJ cashreg 5/15/2024 5/16/2024 Tyler Trx 174772 3% STIIIZY 2560 HIGH POINT PAR 9,046.38 C 11 GJ GJ cashreg 5/22/2024 5/23/2024 Tyler Trx 175920 QUALITY LIFE 2841 LENWOOD 3% F 3,382.13 C 12 GJ GJ cashreg 6/17/2024 6/20/2024 Tyler Trx 178928 STIIIZY BARSTOW 2560 HIGHPOINT 9,228.84 C 12 GJ GJ cashreg 6/25/2024 6/27/2024 Tyler Trx 179722 QUALITY LIFE 2841 LENWOOD RD 3 3,630.61 C 12 GJ GJ genjrnl 6/30/2024 9/3/2024 hriley JE065624 RCLS FY 24 PUB SFTY CANNBS REV 8,759.57 D 12 GJ BA budadj 6/30/2024 9/3/2024 hriley BA060124 FYE 24 BDGT ADJ APP'D 8-19-24 64,570.00 12 GJ GJ genjrnl 6/30/2024 9/17/2024 ddespain ACC063224 ACC FY24 JUN24 CANNABIS 3% FEE 11,909.00 C Page: 2
49 4.a
Packet Pg. 59
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 3:58:52PM
Account Information

CITY OF BARSTOW
glAInq Page: 3
Account No: R 100.780.720.605Title: CANNABIS FEES-DISPENSARY/DELIVERY FEE 3% Fiscal Year: 2024 Budget Adjustments: 64,570.00 Activity: 137,719.89
Page: 3
50 4.a
Packet Pg. 60
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 4:06:54PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.605 Title: CANNABIS FEES-DISPENSARY/DELIVERY FEE 3% Fiscal Year: 2025 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 120,000.00 71,960.32 48,039.68
2024 134,570.00 137,719.89 3,149.89-
2023 75,500.00 89,137.47 13,637.47-
2022 0.00 6,852.12 6,852.12-
Account Activity
Period Total Budget Revenue Balance
1 120,000.00 0.00 120,000.00
2 0.00 11,118.12 108,881.88
3 0.00 8,545.22 100,336.66
4 0.00 14,391.78 85,944.88
5 0.00 11,965.78 73,979.10
6 0.00 15,386.68 58,592.42
7 0.00 6,135.08 52,457.34
8 0.00 4,417.66 48,039.68
Totals: 120,000.00 71,960.32 48,039.68
Page: 1
51 4.a
Packet Pg. 61
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 4:06:54PM
Account Information

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.605 Title: CANNABIS FEES-DISPENSARY/DELIVERY FEE 3% Fiscal Year: 2025 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 1 GJ GJ genjrnl 7/1/2024 9/17/2024 ddespain ACC063224-R ACC FY24 JUN24 CANNABIS 3% FEE 11,909.00 D 1 GJ GJ cashreg 7/16/2024 7/17/2024 Tyler Trx 182190 QUALITY LIFE 3% LICENSE JUNE24 3,257.25 C 1 GJ GJ cashreg 7/17/2024 7/18/2024 Tyler Trx 182282 STIIIZY JUNE 24 GROSS RECEIPTS 8,651.75 C 2 GJ GJ cashreg 8/20/2024 8/22/2024 Tyler Trx 186256 STIIIZY JULY 24 3% 7,980.55 C 2 GJ GJ cashreg 8/28/2024 9/5/2024 Tyler Trx 187327 JUL24 QUALITY LIFE 3,137.57 C 3 GJ GJ cashreg 9/16/2024 9/19/2024 Tyler Trx 188722 STIIIZY SBL AUG24 CITY TAX 8,545.22 C 4 GJ GJ cashreg 10/1/2024 10/8/2024 Tyler Trx 190518 QUALITY LIFE 2841 LENWOOD RD 3 3,269.09 C 4 GJ GJ cashreg 10/21/2024 10/23/2024 Tyler Trx 192807 QUALITY LIFE 2841 LENWOOD RD 3 2,948.70 C 4 GJ GJ cashreg 10/30/2024 11/4/2024 Tyler Trx 194008 CANNABIS LICENSE PAYMENT 0924 8,173.99 C 5 GJ GJ cashreg 11/18/2024 11/21/2024 Tyler Trx 195323 Cannabis Fees-Dispensary/Deliv 8,685.20 C 5 GJ GJ cashreg 11/18/2024 11/21/2024 Tyler Trx 195339 OCT24 QUALITY LIFE 3,280.58 C 6 GJ GJ genjrnl 12/9/2024 1/9/2025 ddespain JE124224 REC QL NONSTORE DELIVERY PMNT 6,369.80 C 6 GJ GJ cashreg 12/18/2024 12/30/2024 Tyler Trx 199159 STIIZY 2560 HIGH POINT PKWY LI 9,016.88 C 7 GJ GJ cashreg 1/29/2025 2/3/2025 Tyler Trx 203685 QUALITY LIFE INC DEC 24 6,135.08 C 8 GJ GJ cashreg 2/18/2025 2/20/2025 Tyler Trx 205856 STIIZY 2560 HIGH POINT PKWY LI 7,510.08 C 8 GJ GJ cashreg 2/24/2025 2/26/2025 Tyler Trx 206357 QUALITY LIFE 2841 LENWOOD JAN2 3,160.02 C 8 GJ GJ genjrnl 2/25/2025 2/26/2025 ddespain JE024425 QL DEC24 DELIVERY FEE PS ALLOC 3,184.90 D 8 GJ GJ genjrnl 2/25/2025 2/26/2025 ddespain JE024425 QL JAN25 DELIVERY FEE PS ALLOC 3,067.54 D Budget Adjustments: 0.00 Activity: 71,960.32
Page: 2
52 4.a
Packet Pg. 62
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Fiscal Year 2022 Cannabis Division Totals General Ledger Total Difference No Fees Collected $ - $ - $ -
Grand Total: $ - $ - $ -
Fiscal Year 2023 Cannabis Division Totals General Ledger Total Difference No Fees Collected $ - $ - $ -
Grand Total: $ - $ - $ -
Fiscal Year 2024 Cannabis Division Totals# General Ledger Total Difference Beverly Hills View $ 37,500.00 $ 37,500.00 $ -
KHG Group $ 26,670.00 $ 26,670.00 $ -
Zengrow $ 9,047.50 $ 9,047.50 $ -
2119 Building Inc $ 6,666.67 $ 6,666.67 $ -
Grow Organic 7 $ 48,526.04 $ 48,526.04 $ -
Grow Organic 10 $ 32,484.38 $ 32,484.38 $ -
Desert Bloom $ 25,881.25 $ 25,881.25 $ -
Grand Total: $ 186,775.84 $ 186,775.84 $ -
#
Includes Associated Penalties, If Applicable
Fiscal Year 2025 (Through 02/25) Cannabis Division Totals# General Ledger Total Difference Beverly Hills View $ 90,000.00 $ 90,000.00 $ -
KHG Group $ 64,000.00 $ 64,000.00 $ -
2119 Building Inc $ 16,000.00 $ 16,000.00 $ -
Grow Organic 7 $ 93,170.00 $ 93,170.00 $ -
Grow Organic 10 $ 62,370.00 $ 62,370.00 $ -
Desert Bloom $ 62,115.00 $ 62,115.00 $ -
Grand Total: $ 387,655.00 $ 387,655.00 $ -
#
Includes Associated Penalties, If Applicable
Summary of all Fiscal Years Cannabis Division Totals General Ledger Total Difference GRAND TOTAL (All FY's)* $ 574,430.84 $ 574,430.84 $ -
*Includes FY 22, 23, 24, and 25 (Through 2/28/2025)
Cannabis Fees - Facility Fee $5/Sq Ft - Acct #100.780.720.606 Facility Fee $5/SQ FT - Acct #100.780.720.606
Cannabis Division Revenue
53 4.a
Packet Pg. 63
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Presentation) 3/5/2025 4:25:54PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.606 Title: CANNABIS FEES-FACILITY FEE $5/SQ FT Fiscal Year: 2022 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C Budget Adjustments: 0.00 Activity: 0.00
Page: 1
54 4.a
Packet Pg. 64
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 4:33:38PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.606 Title: CANNABIS FEES-FACILITY FEE $5/SQ FT Fiscal Year: 2023 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 594,500.00 387,655.00 206,845.00
2024 275,000.00 186,775.84 88,224.16
2023 0.00 0.00 0.00
2022 0.00 0.00 0.00
Account Activity
Period Total Budget Revenue Balance
1 600,000.00 0.00 600,000.00
8 600,000.00- 0.00 0.00
Totals: 0.00 0.00 0.00
Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 8 GJ BA budadj 2/22/2023 2/22/2023 hriley BA020123 FY23 MID-YR BDGT ADJ 2-21-23 -600,000.00 Budget Adjustments: 600,000.00- Activity: 0.00
Page: 1
55 4.a
Packet Pg. 65
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 4:42:09PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.606 Title: CANNABIS FEES-FACILITY FEE $5/SQ FT Fiscal Year: 2024 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.606 Title: CANNABIS FEES-FACILITY FEE $5/SQ FT Fiscal Year: 2024 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 6 GJ GJ cashreg 12/19/2023 12/20/2023 Tyler Trx 159327 FACILITY FEE ZENGROW INC BLDG 9,047.50 C 6 GJ GJ genjrnl 12/31/2023 4/9/2024 ddespain JE127623 RCLS DESERT BLOOM HLDING ANNL 25,881.25 C 7 GJ GJ cashreg 1/8/2024 1/9/2024 Tyler Trx 160881 2119 BUILDING INC. 6,666.67 C 7 GJ GJ cashreg 1/9/2024 1/11/2024 Tyler Trx 161062 KHG GROUP FY2023 26,670.00 C 7 GJ GJ cashreg 1/31/2024 2/5/2024 Tyler Trx 163209 FY2023 BEVERLY HILLS VIEW 37,500.00 C 8 GJ GJ cashreg 2/9/2024 2/12/2024 Tyler Trx 164277 FY 2023 GROW ORGANIC 7 38,820.83 C 8 GJ GJ cashreg 2/9/2024 2/12/2024 Tyler Trx 164278 FY 2023 GROW ORGANIC 7 PENALTI 9,705.21 C 8 GJ GJ cashreg 2/9/2024 2/12/2024 Tyler Trx 164280 FY2023 GROW ORGANIC 10 25,987.50 C 8 GJ GJ cashreg 2/9/2024 2/12/2024 Tyler Trx 164281 FY2023 GROW ORGANIC 10 PENALTI 6,496.88 C 8 GJ BA budadj 2/21/2024 2/26/2024 hriley BA020124 FY24 MID-YR BDGT ADJ 02/20/24 -325,000.00 Budget Adjustments: 325,000.00- Activity: 186,775.84
Page: 2
57 4.a
Packet Pg. 67
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 4:48:16PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.606 Title: CANNABIS FEES-FACILITY FEE $5/SQ FT Fiscal Year: 2025 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 594,500.00 387,655.00 206,845.00
2024 275,000.00 186,775.84 88,224.16
2023 0.00 0.00 0.00
2022 0.00 0.00 0.00
Account Activity
Period Total Budget Revenue Balance
1 594,500.00 0.00 594,500.00
7 0.00 281,655.00 312,845.00
8 0.00 106,000.00 206,845.00
Totals: 594,500.00 387,655.00 206,845.00
Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 7 GJ GJ cashreg 1/29/2025 2/3/2025 Tyler Trx 203691 DESERT BLOOM FY 2024 62,115.00 C 7 GJ GJ cashreg 1/29/2025 2/3/2025 Tyler Trx 203746 KHG GROUP FY 2024 64,000.00 C 7 GJ GJ cashreg 1/30/2025 2/3/2025 Tyler Trx 203831 GROW ORGANIC 10 FY 24 62,370.00 C 7 GJ GJ cashreg 1/30/2025 2/3/2025 Tyler Trx 203832 GROW ORGANIC 7 FY 24 93,170.00 C 8 GJ GJ cashreg 2/3/2025 2/5/2025 Tyler Trx 204109 BEVERLY HILLS VIEW FY2024 ANNU 90,000.00 C 8 GJ GJ cashreg 2/3/2025 2/5/2025 Tyler Trx 204110 2119 BUILDING FY2024 ANNUAL OP 16,000.00 C Budget Adjustments: 0.00 Activity: 387,655.00
Page: 1
58 4.a
Packet Pg. 68
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Fiscal Year 2022 Cannabis Division Totals General Ledger Total Difference Quality Life $ 65,000.00 $ 65,000.00 $ -
Grand Total: $ 65,000.00 $ 65,000.00 $ -
Fiscal Year 2023 Cannabis Division Totals General Ledger Total Difference Quality Life $ 16,249.98 $ 16,249.98 $ -
Stiiizy $ 60,000.00 $ 60,000.00 $ -
Grand Total: $ 76,249.98 $ 76,249.98 $ -
Fiscal Year 2024 Cannabis Division Totals General Ledger Total Difference Quality Life $ 64,999.95 $ 64,999.95 $ -
Stiiizy $ 60,000.00 $ 60,000.00 $ -
Beverly Hills View $ 36,000.00 $ 36,000.00 $ -
KHG Group $ 25,600.00 $ 25,600.00 $ -
Zengrow $ 43,428.00 $ 43,428.00 $ -
2119 Building Inc $ 6,400.00 $ 6,400.00 $ -
Grow Organic 7 $ 37,268.00 $ 37,268.00 $ -
Grow Organic 10 $ 24,948.00 $ 24,948.00 $ -
Desert Bloom $ 24,846.00 $ 24,846.00 $ -
1919 Building Inc $ 19,200.00 $ 19,200.00 $ -
Grand Total: $ 342,689.95 $ 342,689.95 $ -
Fiscal Year 2025 (Through 02/25) Cannabis Division Totals General Ledger Total Difference Quality Life $ 43,333.36 $ 43,333.36 $ -
Stiiizy $ 60,000.00 $ 60,000.00 $ -
Beverly Hills View $ 36,000.00 $ 36,000.00 $ -
KHG Group $ 25,600.00 $ 25,600.00 $ -
2119 Building Inc $ 6,400.00 $ 6,400.00 $ -
Grow Organic 7 $ 37,268.00 $ 37,268.00 $ -
Grow Organic 10 $ 24,948.00 $ 24,948.00 $ -
Desert Bloom $ 24,846.00 $ 24,846.00 $ -
Grand Total: $ 258,395.36 $ 258,395.36 $ -
Summary of all Fiscal Years Cannabis Division Totals General Ledger Total Difference GRAND TOTAL (All FY's)* $ 742,335.29 $ 742,335.29 $ -
*Includes FY 22, 23, 24, and 25 (Through 2/28/2025)
Cannabis Fees - Community Benefit Program - Acct #100.780.720.607 Community Benefit Program - Acct #100.780.720.607
Cannabis Division Revenue
59 4.a
Packet Pg. 69
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Presentation) 3/5/2025 4:57:40PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.607 Title: CANNABIS FEES-COMMUNITY BENEFIT PROGRAM Fiscal Year: 2022 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 323,500.00 258,395.25 65,104.75
2024 350,000.00 342,689.95 7,310.05
2023 76,000.00 76,249.98 249.98-
2022 0.00 65,000.00 65,000.00-
Account Activity
Period Total Budget Revenue Balance
10 0.00 65,000.00 65,000.00-
Totals: 0.00 65,000.00 65,000.00-
Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 10 GJ GJ cashreg 4/19/2022 4/20/2022 Tyler Trx 89940 QUALITY LIFE INC COMMUNITY BEN 65,000.00 C Budget Adjustments: 0.00 Activity: 65,000.00
Page: 1
60 4.a
Packet Pg. 70
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 4:59:34PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.607 Title: CANNABIS FEES-COMMUNITY BENEFIT PROGRAM Fiscal Year: 2023 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 323,500.00 258,395.25 65,104.75
2024 350,000.00 342,689.95 7,310.05
2023 76,000.00 76,249.98 249.98-
2022 0.00 65,000.00 65,000.00-
Account Activity
Period Total Budget Revenue Balance
1 0.00 0.00 0.00
2 0.00 60,000.00 60,000.00-
8 450,000.00 0.00 390,000.00
11 0.00 10,833.32 379,166.68
12 374,000.00- 5,416.66 249.98-
Totals:
76,000.00 76,249.98 249.98-
Page: 1
61 4.a
Packet Pg. 71
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 4:59:34PM
Account Information

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.607 Title: CANNABIS FEES-COMMUNITY BENEFIT PROGRAM Fiscal Year: 2023 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 2 GJ GJ cashreg 8/24/2022 8/26/2022 Tyler Trx 103815 2022 STIIIZY COMMUNITY BEN PRO 60,000.00 C 8 GJ BA budadj 2/22/2023 2/22/2023 hriley BA020123 FY23 MID-YR BDGT ADJ 2-21-23 450,000.00 11 GJ GJ cashreg 5/4/2023 5/9/2023 Tyler Trx 132661 QUALITY LIFE APRIL 2023 5,416.66 C 11 GJ GJ cashreg 5/30/2023 5/31/2023 Tyler Trx 135420 QUALITY LIFE MAY FEE 5,416.66 C 12 GJ GJ cashreg 6/16/2023 6/20/2023 Tyler Trx 137635 MAY 2023 QUALITY LIFE 5,416.66 C 12 GJ BA budadj 6/21/2023 6/21/2023 hriley BA060223 FYE 23 BDGT AJ CC APP'D 062023 -374,000.00 Budget Adjustments: 76,000.00 Activity: 76,249.98
Page: 2
62 4.a
Packet Pg. 72
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 5:02:17PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.607 Title: CANNABIS FEES-COMMUNITY BENEFIT PROGRAM Fiscal Year: 2024 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 323,500.00 258,395.25 65,104.75
2024 350,000.00 342,689.95 7,310.05
2023 76,000.00 76,249.98 249.98-
2022 0.00 65,000.00 65,000.00-
Account Activity
Period Total Budget Revenue Balance
1 350,000.00 5,416.66 344,583.34
2 0.00 179,678.66 164,904.68
3 0.00 65,416.66 99,488.02
4 0.00 5,416.66 94,071.36
5 0.00 5,416.66 88,654.70
6 0.00 48,844.66 39,810.04
7 0.00 5,416.66 34,393.38
8 0.00 5,416.66 28,976.72
9 0.00 5,416.66 23,560.06
10 0.00 5,416.67 18,143.39
11 0.00 5,416.67 12,726.72
12 0.00 5,416.67 7,310.05
Totals:
350,000.00 342,689.95 7,310.05
Page: 1
63 4.a
Packet Pg. 73
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 5:02:17PM
Account Information

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.607 Title: CANNABIS FEES-COMMUNITY BENEFIT PROGRAM Fiscal Year: 2024 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 1 GJ GJ cashreg 7/12/2023 7/13/2023 Tyler Trx 140361 JULY 2023 QUALITY LIFE COMM BE 5,416.66 C 2 GJ GJ cashreg 8/4/2023 8/7/2023 Tyler Trx 142713 GROW ORGANICS 7 37,268.00 C 2 GJ GJ cashreg 8/4/2023 8/7/2023 Tyler Trx 142727 2119 BUILDING 19,200.00 C 2 GJ GJ cashreg 8/4/2023 8/7/2023 Tyler Trx 142731 BEVERLY HILLS VIEW 36,000.00 C 2 GJ GJ cashreg 8/7/2023 8/8/2023 Tyler Trx 142774 KHG GROUP INC 25,600.00 C 2 GJ GJ genjrnl 8/9/2023 8/21/2023 bfoster JE083123 GROW ORGANICS 7-NSF RTN 080923 37,268.00 D 2 GJ GJ cashreg 8/16/2023 8/17/2023 Tyler Trx 144158 GROW ORGANIC 7 REPLACEMENT PYM 37,268.00 C 2 GJ GJ cashreg 8/22/2023 8/23/2023 Tyler Trx 144922 JULY 2023 PMT QUALITY LIFE 5,416.66 C 2 GJ GJ cashreg 8/23/2023 8/24/2023 Tyler Trx 145030 2119 BUILDING INC 2590 MERCANT 6,400.00 C 2 GJ GJ cashreg 8/25/2023 8/28/2023 Tyler Trx 145281 GROW ORGANIC 2813 LENWOOD RD B 24,948.00 C 2 GJ GJ cashreg 8/25/2023 8/28/2023 Tyler Trx 145288 DESERT BLOOM HOLDINGS LLC 2865 24,846.00 C 3 GJ GJ cashreg 9/11/2023 9/12/2023 Tyler Trx 146464 SHRYNE BARSTOW DBA STIIZY BAR 60,000.00 C 3 GJ GJ cashreg 9/12/2023 9/14/2023 Tyler Trx 146604 SEPTEMBER 2023 PROMO 5,416.66 C 4 GJ GJ cashreg 10/9/2023 10/10/2023 Tyler Trx 150686 OCT PROMO QUALITY LIFE 5,416.66 C 5 GJ GJ cashreg 11/7/2023 11/8/2023 Tyler Trx 154823 NOV 2023 QUALITY LIFE 5,416.66 C 6 GJ GJ cashreg 12/12/2023 12/13/2023 Tyler Trx 158439 ZENGROW INC 43,428.00 C 6 GJ GJ genjrnl 12/31/2023 4/9/2024 ddespain JE127623 RCLS NOV23 QUALITY LIFE YEARLY 5,416.66 C 7 GJ GJ cashreg 1/11/2024 1/12/2024 Tyler Trx 161201 JAN2024 QUALITY LIFE BENEFIT P 5,416.66 C 7 GJ GJ cashreg 1/11/2024 1/12/2024 Tyler Trx 161217 JAN2024 QUALITY LIFE BENEFIT P -5,416.66 C 7 GJ GJ cashreg 1/11/2024 1/12/2024 Tyler Trx 161221 JAN 2024 QUALITY LIFE 5,416.66 C 8 GJ GJ cashreg 2/21/2024 2/22/2024 Tyler Trx 165505 JAN2024 QUALITY LIFE INC 5,416.66 C 9 GJ GJ cashreg 3/28/2024 3/29/2024 Tyler Trx 168908 COMMUNITY BENEFIT QUALITY LIFE 5,416.66 C 10 GJ GJ cashreg 4/24/2024 4/25/2024 Tyler Trx 172507 QUALITY LIFE 2841 LENWOOD RD U 5,416.67 C 11 GJ GJ cashreg 5/22/2024 5/23/2024 Tyler Trx 175919 QUALITY LIFE 2841 NO 2 LENWOOD 5,416.67 C 12 GJ GJ cashreg 6/25/2024 6/27/2024 Tyler Trx 179724 QUALITY LIFE 2841 LENWOOD RD C 5,416.67 C Budget Adjustments: 0.00 Activity: 342,689.95
Page: 2
64 4.a
Packet Pg. 74
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 5:59:19PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.607 Title: CANNABIS FEES-COMMUNITY BENEFIT PROGRAM Fiscal Year: 2025 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 323,500.00 258,395.36 65,104.64
2024 350,000.00 342,689.95 7,310.05
2023 76,000.00 76,249.98 249.98-
2022 0.00 65,000.00 65,000.00-
Account Activity
Period Total Budget Revenue Balance
1 323,500.00 65,416.67 258,083.33
2 0.00 5,416.67 252,666.66
3 0.00 42,400.00 210,266.66
4 0.00 61,279.34 148,987.32
5 0.00 5,416.67 143,570.65
6 0.00 5,416.67 138,153.98
7 0.00 67,632.67 70,521.31
8 0.00 5,416.67 65,104.64
Totals: 323,500.00 258,395.36 65,104.64
Page: 1
65 4.a
Packet Pg. 75
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 5:59:19PM
Account Information

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.607 Title: CANNABIS FEES-COMMUNITY BENEFIT PROGRAM Fiscal Year: 2025 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 1 GJ GJ cashreg 7/9/2024 7/10/2024 Tyler Trx 181563 STIIIZY FY24 PROMO FUND 60,000.00 C 1 GJ GJ cashreg 7/16/2024 7/17/2024 Tyler Trx 182192 QUALITY LIFE PYMNT 4 PROMO FUN 5,416.67 C 2 GJ GJ cashreg 8/28/2024 9/5/2024 Tyler Trx 187325 JUL24 QUALITY LIFE 5,416.67 C 3 GJ GJ cashreg 9/26/2024 10/1/2024 Tyler Trx 189977 2119 BUILDING INC #19 6,400.00 C 3 GJ GJ cashreg 9/26/2024 10/1/2024 Tyler Trx 189979 BEVERLY HILLS VIEW INC 36,000.00 C 4 GJ GJ cashreg 10/1/2024 10/8/2024 Tyler Trx 190517 QUALITY LIFE 2841 LENWOOD RD C 5,416.67 C 4 GJ GJ cashreg 10/3/2024 10/9/2024 Tyler Trx 191253 KHG GROUP LLC 2586 MERCANTILE 25,600.00 C 4 GJ GJ cashreg 10/7/2024 10/14/2024 Tyler Trx 191417 DESERT BLOOM BLDG 1 QTR INSPEC 24,846.00 C 4 GJ GJ cashreg 10/21/2024 10/23/2024 Tyler Trx 192809 QUALITY LIFE 2841 LENWOOD RD C 5,416.67 C 5 GJ GJ cashreg 11/18/2024 11/21/2024 Tyler Trx 195340 OCT24 QUALITY LIFE 5,416.67 C 5 GJ GJ genjrnl 11/18/2024 3/4/2025 ddespain JE116024 .11 CANNABIS CASH PYMNT SHORT 0.11 D 5 GJ GJ genjrnl 11/18/2024 3/5/2025 ddespain JE116324 CANNABIS SHORTAGE TO LOSSES CL 0.11 C 6 GJ GJ genjrnl 12/9/2024 1/9/2025 ddespain JE124224 REC QL COMMUNITY BENEFIT PMT 5,416.67 C 7 GJ GJ cashreg 1/21/2025 1/23/2025 Tyler Trx 202197 GROW ORGANIC 10 FY/24 PROMO 24,948.00 C 7 GJ GJ cashreg 1/23/2025 1/28/2025 Tyler Trx 202692 GROW ORGANIC 7 FY2024 37,268.00 C 7 GJ GJ cashreg 1/29/2025 2/3/2025 Tyler Trx 203684 QUALITY LIFE INC JAN 25 5,416.67 C 8 GJ GJ cashreg 2/24/2025 2/26/2025 Tyler Trx 206356 QUALITY LIFE 2841 LENWOOD FY24 5,416.67 C Budget Adjustments: 0.00 Activity: 258,395.36
Page: 2
66 4.a
Packet Pg. 76
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Fiscal Year 2022 Cannabis Division Totals 50% Allocation General Ledger Total Difference Apr22 Payment $ 2,135.81 $ 1,067.91 $ 1,067.91 $ -
May22 Payment $ 5,585.70 $ 2,792.85 $ 2,792.85 $ -
Jun22 Payment $ 5,982.74 $ 2,991.37 $ 2,991.37 $ -
Grand Total: $ 13,704.25 $ 6,852.13 $ 6,852.13 $ -
Fiscal Year 2023 Cannabis Division Totals 50% Allocation General Ledger Total Difference Jul22 Payment $ 6,496.30 $ 3,248.15 $ 3,248.15 $ -
Aug22 Payment $ 6,461.78 $ 3,230.89 $ 3,230.89 $ -
Sep22 Payment $ 7,270.38 $ 3,635.19 $ 3,635.19 $ -
Oct22 Payment $ 7,533.78 $ 3,766.89 $ 3,766.89 $ -
Nov22 Payment $ 6,446.60 $ 3,223.30 $ 3,223.30 $ -
Dec22 Payment $ 6,537.52 $ 3,268.76 $ 3,268.76 $ -
Jan23 Payment $ 6,101.13 $ 3,050.56 $ 3,050.56 $ -
Feb23 Payment $ 5,933.55 $ 2,966.77 $ 2,966.77 $ -
Mar23 Payment $ 7,089.17 $ 3,544.58 $ 3,544.58 $ -
Apr23 Payment $ 7,320.95 $ 3,660.48 $ 3,660.48 $ -
May23 Payment $ 7,196.18 $ 3,598.09 $ 3,598.09 $ -
Jun23 Payment $ 7,158.56 $ 3,579.28 $ 3,579.28 $ -
Stiiizy
Oct22 Payment $ 2,910.97 $ 1,455.48 $ 1,455.48 $ -
Nov22 Payment $ 7,382.81 $ 3,691.41 $ 3,691.41 $ -
Dec22 Payment $ 9,521.05 $ 4,760.53 $ 4,760.53 $ -
Jan23 Payment $ 9,343.88 $ 4,671.94 $ 4,671.94 $ -
Feb23 Payment $ 10,119.91 $ 5,059.96 $ 5,059.96 $ -
Mar23 Payment $ 12,909.73 $ 6,454.86 $ 6,454.86 $ -
Apr23 Payment $ 13,128.93 $ 6,564.47 $ 6,564.47 $ -
Apr23 Penalty $ 3,282.23 $ 1,641.11 $ 1,641.11 $ -
May23 Payment $ 13,989.02 $ 6,994.51 $ 6,994.51 $ -
Jun23 Payment $ 14,140.51 $ 7,070.26 $ 7,070.26 $ -
Grand Total: $ 178,274.94 $ 89,137.47 $ 89,137.47 $ -
Fiscal Year 2024 Cannabis Division Totals 50% Allocation General Ledger Total Difference Jul23 Payment $ 6,868.63 $ 3,434.32 $ 3,434.32 $ -
Aug23 Payment $ 7,316.81 $ 3,658.41 $ 3,658.41 $ -
Sep23 Payment $ 7,252.52 $ 3,626.26 $ 3,626.26 $ -
Oct23 Payment $ 7,100.85 $ 3,550.43 $ 3,550.43 $ -
Nov23 Payment $ 7,061.11 $ 3,530.56 $ 3,530.56 $ -
Dec23 Payment $ 7,366.02 $ 3,683.01 $ 3,683.01 $ -
Jan24 Payment $ 7,078.56 $ 3,539.28 $ 3,539.28 $ -
Feb24 Payment $ 6,682.69 $ 3,341.34 $ 3,341.34 $ -
Mar24 Payment $ 7,581.06 $ 3,790.53 $ 3,790.53 $ -
Apr24 Payment $ 6,764.26 $ 3,382.13 $ 3,382.13 $ -
May24 Payment $ 7,261.21 $ 3,630.61 $ 3,630.61 $ -
Jun24 Payment $ 6,514.51 $ 3,257.25 $ 3,257.25 $ -
Cannabis Division Revenue
Quality Life
Public Safety 50% Alloc - Acct #100.780.720.608
Quality Life
Quality Life
67 4.a
Packet Pg. 77
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Presentation) Cannabis Division Revenue
Public Safety 50% Alloc - Acct #100.780.720.608
Fiscal Year 2024 (cont.) Cannabis Division Totals 50% Allocation General Ledger Total Difference Stiiizy
Jul23 Payment $ 14,387.23 $ 7,193.62 $ 7,193.62 $ -
Aug23 Payment $ 14,307.66 $ 7,153.83 $ 7,153.83 $ -
Aug23 Penalty $ 3,576.92 $ 1,788.46 $ 1,788.46 $ -
Sep23 Payment $ 14,150.63 $ 7,075.31 $ 7,075.31 $ -
Oct23 Payment $ 14,260.04 $ 7,130.02 $ 7,130.02 $ -
Nov23 Payment $ 13,918.06 $ 6,959.03 $ 6,959.03 $ -
Dec23 Payment $ 15,689.62 $ 7,844.81 $ 7,844.81 $ -
Jan24 Payment $ 13,647.76 $ 6,823.88 $ 6,823.88 $ -
Feb24 Payment $ 15,280.61 $ 7,640.31 $ 7,640.31 $ -
Mar24 Payment $ 17,519.10 $ 8,759.53 $ 8,759.53 $ -
Apr24 Payment $ 18,092.75 $ 9,046.38 $ 9,046.38 $ -
May24 Payment $ 18,457.68 $ 9,228.84 $ 9,228.84 $ -
Jun24 Payment $ 17,303.50 $ 8,651.75 $ 8,651.75 $ -
Grand Total: $ 275,439.79 $ 137,719.90 $ 137,719.90 $ - Fiscal Year 2025 (Through 02/25) Cannabis Division Totals 50% Allocation General Ledger Total Difference Jul24 Payment $ 6,275.14 $ 3,137.57 $ 3,137.57 $ -
Aug24 Payment $ 6,538.18 $ 3,269.09 $ 3,269.09 $ -
Sep24 Payment $ 5,897.40 $ 2,948.70 $ 2,948.70 $ -
Oct24 Payment $ 6,561.15 $ 3,280.57 $ 3,280.57 $ -
Nov24 Payment $ 6,369.80 $ 3,184.90 $ 3,184.90 $ -
Dec24 Payment $ 6,135.08 $ 3,067.54 $ 3,067.54 $ -
Jan25 Payment $ 6,320.03 $ 3,160.01 $ 3,160.01 $ -
Stiiizy
Jul24 Payment $ 15,961.10 $ 7,980.55 $ 7,980.55 $ -
Aug24 Payment $ 17,090.44 $ 8,545.22 $ 8,545.22 $ -
Sep24 Payment $ 16,347.97 $ 8,173.98 $ 8,173.98 $ -
Oct24 Payment $ 17,370.40 $ 8,685.20 $ 8,685.20 $ -
Nov24 Payment $ 18,033.75 $ 9,016.87 $ 9,016.87 $ -
Jan25 Payment $ 15,020.16 $ 7,510.08 $ 7,510.08 $ -
Grand Total: $ 143,920.60 $ 71,960.28 $ 71,960.28 $ -
Summary of all Fiscal Years Cannabis Division Totals 50% Allocation General Ledger Total Difference GRAND TOTAL (All FY's)* $ 611,339.58 $ 305,669.78 $ 305,669.78 $ - *Includes FY 22, 23, 24, and 25 (Through 2/28/2025)
Quality Life
Cannabis Fees - Public Safety 50% Alloc - Acct #100.780.720.608 68 4.a
Packet Pg. 78
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Presentation) 3/5/2025 5:38:40PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.608 Title: CANNABIS FEES-PUBLIC SAFETY 50% ALLOC Fiscal Year: 2022 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 120,000.00 71,960.28 48,039.72
2024 117,050.00 137,719.90 20,669.90-
2023 75,500.00 89,137.47 13,637.47-
2022 0.00 6,852.13 6,852.13-
Account Activity
Period Total Budget Revenue Balance
12 0.00 6,852.13 6,852.13-
Totals: 0.00 6,852.13 6,852.13-
Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 12 GJ GJ genjrnl 6/30/2022 9/6/2022 gpena JE0610822 REC CANNABIS FEE TO PUB SAFETY 6,852.13 C Budget Adjustments: 0.00 Activity: 6,852.13
Page: 1
69 4.a
Packet Pg. 79
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 5:43:03PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.608 Title: CANNABIS FEES-PUBLIC SAFETY 50% ALLOC Fiscal Year: 2023 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 120,000.00 71,960.28 48,039.72
2024 117,050.00 137,719.90 20,669.90-
2023 75,500.00 89,137.47 13,637.47-
2022 0.00 6,852.13 6,852.13-
Account Activity
Period Total Budget Revenue Balance
8 32,500.00 38,003.10 5,503.10-
9 0.00 8,026.74 13,529.84-
10 0.00 9,999.45 23,529.29-
11 0.00 3,660.47 27,189.76-
12 43,000.00 29,447.71 13,637.47-
Totals:
75,500.00 89,137.47 13,637.47-
Page: 1
70 4.a
Packet Pg. 80
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 5:43:03PM
Account Information

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.608 Title: CANNABIS FEES-PUBLIC SAFETY 50% ALLOC Fiscal Year: 2023 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 8 GJ BA budadj 2/22/2023 2/22/2023 hriley BA020123 FY23 MID-YR BDGT ADJ 2-21-23 32,500.00 8 GJ GJ genjrnl 2/28/2023 3/7/2023 gpena JE025323 REC CANNABIS FEE TO PUB SAFETY 38,003.10 C 9 GJ GJ cashreg 3/21/2023 3/22/2023 Tyler Trx 127038 QUALITY LIFE MONTHLY 2,966.78 C 9 GJ GJ genjrnl 3/28/2023 4/10/2023 gpena JE038223 RCLS CANNABIS 50% SAFETY ALLOC 5,059.96 C 10 GJ GJ cashreg 4/12/2023 4/14/2023 Tyler Trx 130082 QUALITY LIFE 1ST LOCATION 3,544.58 C 10 GJ GJ cashreg 4/26/2023 4/28/2023 Tyler Trx 131681 MAR 2023 STIIIZY 6,454.87 C 10 GJ GJ cashreg 4/26/2023 4/28/2023 Tyler Trx 131687 MAR 2023 STIIIZY 6,454.87 C 10 GJ GJ cashreg 4/26/2023 4/28/2023 Tyler Trx 131689 MAR 2023 STIIIZY -6,454.87 C 11 GJ GJ cashreg 5/30/2023 5/31/2023 Tyler Trx 135419 QUALITY LIFE APRIL FEE 3,660.47 C 12 GJ GJ cashreg 6/5/2023 6/6/2023 Tyler Trx 136311 STIIZY DELIVERY DISPENSE FEE 8,205.58 C 12 GJ GJ cashreg 6/16/2023 6/20/2023 Tyler Trx 137572 MAY 2023 QUALITY LIFE 3,598.09 C 12 GJ BA budadj 6/21/2023 6/21/2023 hriley BA060223 FYE 23 BDGT AJ CC APP'D 062023 43,000.00 12 GJ GJ cashreg 6/29/2023 6/30/2023 Tyler Trx 139145 MAY 2023 STIIIZY BARSTOW 6,994.51 C 12 GJ GJ genjrnl 6/30/2023 8/2/2023 gpena ACC061423 ACC FY23 JUN23 CANNABIS 3% FEE 10,649.53 C Budget Adjustments: 75,500.00 Activity: 89,137.47
Page: 2
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Packet Pg. 81
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 5:45:59PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.608 Title: CANNABIS FEES-PUBLIC SAFETY 50% ALLOC Fiscal Year: 2024 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 120,000.00 71,960.28 48,039.72
2024 117,050.00 137,719.90 20,669.90-
2023 75,500.00 89,137.47 13,637.47-
2022 0.00 6,852.13 6,852.13-
Account Activity
Period Total Budget Revenue Balance
1 70,000.00 0.00 70,000.00
2 0.00 10,627.92 59,372.08
3 0.00 3,658.40 55,713.68
4 0.00 12,568.55 43,145.13
5 0.00 10,625.74 32,519.39
6 0.00 17,619.61 14,899.78
7 0.00 11,527.82 3,371.96
8 0.00 10,363.16 6,991.20-
9 0.00 10,981.65 17,972.85-
10 0.00 3,790.53 21,763.38-
11 0.00 12,428.50 34,191.88-
12 47,050.00 33,528.02 20,669.90-
Totals:
117,050.00 137,719.90 20,669.90-
Page: 1
72 4.a
Packet Pg. 82
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 5:45:59PM
Account Information

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.608 Title: CANNABIS FEES-PUBLIC SAFETY 50% ALLOC Fiscal Year: 2024 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 1 GJ GJ genjrnl 7/1/2023 8/2/2023 gpena ACC061423-R ACC FY23 JUN23 CANNABIS 3% FEE 10,649.53 D 1 GJ GJ cashreg 7/12/2023 7/13/2023 Tyler Trx 140360 JUNE 2023 QUALITY LIFE MONTHLY 3,579.28 C 1 GJ GJ cashreg 7/31/2023 8/1/2023 Tyler Trx 141878 JUNE MONTHLY PMT STIIIZY 7,070.25 C 2 GJ GJ cashreg 8/22/2023 8/23/2023 Tyler Trx 144924 JULY 2023 PMT QUALITY LIFE 3,434.31 C 2 GJ GJ cashreg 8/31/2023 9/1/2023 Tyler Trx 145881 STIIZY BARSTOW MONTHLY 7,193.61 C 3 GJ GJ cashreg 9/12/2023 9/14/2023 Tyler Trx 146603 AUGUST 2023 GROSS RECEIPT 3,658.40 C 4 GJ GJ cashreg 10/9/2023 10/10/2023 Tyler Trx 150685 SEPT MONTHLY GROSS QUALITY LIF 3,626.26 C 4 GJ GJ cashreg 10/24/2023 10/25/2023 Tyler Trx 153451 AUG 2023 STIIIZY BARSTOW 2560 8,942.29 C 5 GJ GJ cashreg 11/1/2023 11/2/2023 Tyler Trx 154300 SEPT 2023 STIIIZY BARSTOW MONT 7,075.32 C 5 GJ GJ cashreg 11/7/2023 11/8/2023 Tyler Trx 154821 OCT 2023 QUALITY LIFE 3,550.42 C 6 GJ GJ cashreg 12/4/2023 12/5/2023 Tyler Trx 157387 OCT 2023 STIIIZY BARSTOW 7,130.02 C 6 GJ GJ cashreg 12/14/2023 12/17/2023 Tyler Trx 158829 STIIIZY BARSTOW NOV 2023 6,959.03 C 6 GJ GJ cashreg 12/18/2023 12/19/2023 Tyler Trx 159144 NOV23 QUALITY LIFE MONTHLY 3,530.56 C 7 GJ GJ cashreg 1/11/2024 1/12/2024 Tyler Trx 161200 DEC2023 QUALITY LIFE 3,683.01 C 7 GJ GJ cashreg 1/11/2024 1/12/2024 Tyler Trx 161216 DEC2023 QUALITY LIFE -3,683.01 C 7 GJ GJ cashreg 1/11/2024 1/12/2024 Tyler Trx 161223 DEC 2023 QUALITY LIFE 3,683.01 C 7 GJ GJ cashreg 1/22/2024 1/23/2024 Tyler Trx 161858 DEC 2023 STIIIZY BARSTOW 7,844.81 C 8 GJ GJ cashreg 2/20/2024 2/21/2024 Tyler Trx 165295 JAN 2024 STIIZY BARSTOW 6,823.88 C 8 GJ GJ cashreg 2/20/2024 2/21/2024 Tyler Trx 165326 JAN2024 QUALITY LIFE 3,539.28 C 9 GJ GJ genjrnl 3/31/2024 4/12/2024 ddespain JE036324 RCLS STIIIZY 3/18 PMT 50% PUB 7,640.31 C 9 GJ GJ genjrnl 3/31/2024 4/12/2024 ddespain JE036324 RCLS QUALITY LIFE 3/24 PMT PS 3,341.34 C 10 GJ GJ cashreg 4/24/2024 4/25/2024 Tyler Trx 172506 QUALITY LIFE 2841 LENWOOD RD U 3,790.53 C 11 GJ GJ cashreg 5/15/2024 5/16/2024 Tyler Trx 174771 50% STIIIZYY 2560 HIGH POINT P 9,046.37 C 11 GJ GJ cashreg 5/22/2024 5/23/2024 Tyler Trx 175921 QUALITY LIFE 2841 LENWOOD 50% 3,382.13 C 12 GJ GJ cashreg 6/17/2024 6/20/2024 Tyler Trx 178929 STIIIZY BARSTOW 2560 HIGHPOINT 9,228.84 C 12 GJ GJ cashreg 6/25/2024 6/27/2024 Tyler Trx 179723 QUALITY LIFE 2841 LENWOOD RD 5 3,630.60 C 12 GJ GJ genjrnl 6/30/2024 9/3/2024 hriley JE065624 RCLS FY 24 PUB SFTY CANNBS REV 8,759.57 C 12 GJ BA budadj 6/30/2024 9/3/2024 hriley BA060124 FYE 24 BDGT ADJ APP'D 8-19-24 47,050.00 12 GJ GJ genjrnl 6/30/2024 9/17/2024 ddespain ACC063224 ACC FY24 JUN24 CANNABIS 3% FEE 11,909.01 C Budget Adjustments: 47,050.00 Activity: 137,719.90
Page: 2
73 4.a
Packet Pg. 83
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 5:53:50PM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: R 100.780.720.608 Title: CANNABIS FEES-PUBLIC SAFETY 50% ALLOC Fiscal Year: 2025 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

C
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Revenues Balance
2025 120,000.00 71,960.28 48,039.72
2024 117,050.00 137,719.90 20,669.90-
2023 75,500.00 89,137.47 13,637.47-
2022 0.00 6,852.13 6,852.13-
Account Activity
Period Total Budget Revenue Balance
1 120,000.00 0.00 120,000.00
2 0.00 11,118.12 108,881.88
3 0.00 8,545.22 100,336.66
4 0.00 14,391.77 85,944.89
5 0.00 11,965.77 73,979.12
6 0.00 9,016.87 64,962.25
8 0.00 16,922.53 48,039.72
Totals: 120,000.00 71,960.28 48,039.72
Page: 1
74 4.a
Packet Pg. 84
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/5/2025 5:53:50PM
Account Information

CITY OF BARSTOW
glAInq Page: 2
Account No: R 100.780.720.608 Title: CANNABIS FEES-PUBLIC SAFETY 50% ALLOC Fiscal Year: 2025 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 1 GJ GJ genjrnl 7/1/2024 9/17/2024 ddespain ACC063224-R ACC FY24 JUN24 CANNABIS 3% FEE 11,909.01 D 1 GJ GJ cashreg 7/16/2024 7/17/2024 Tyler Trx 182191 QUALITY LIFE 50% LICENSE JUNE2 3,257.26 C 1 GJ GJ cashreg 7/17/2024 7/18/2024 Tyler Trx 182281 STIIIZY JUNE 24 GROSS RECEIPTS 8,651.75 C 2 GJ GJ cashreg 8/20/2024 8/22/2024 Tyler Trx 186257 STIIIZY JULY 24 3% 7,980.55 C 2 GJ GJ cashreg 8/28/2024 9/5/2024 Tyler Trx 187326 JUL24 QUALITY LIFE 3,137.57 C 3 GJ GJ cashreg 9/16/2024 9/19/2024 Tyler Trx 188723 STIIIZY SBL AUG24 CITY TAX 8,545.22 C 4 GJ GJ cashreg 10/1/2024 10/8/2024 Tyler Trx 190519 QUALITY LIFE 2841 LENWOOD RD 3 3,269.09 C 4 GJ GJ cashreg 10/21/2024 10/23/2024 Tyler Trx 192808 QUALITY LIFE 2841 LENWOOD RD 5 2,948.70 C 4 GJ GJ cashreg 10/30/2024 11/4/2024 Tyler Trx 194009 50% PUBLIC SAFETY SPLIT CANNAB 8,173.98 C 5 GJ GJ cashreg 11/18/2024 11/21/2024 Tyler Trx 195324 2560 HIGH POINT PKWY STIIIZY L 8,685.20 C 5 GJ GJ cashreg 11/18/2024 11/21/2024 Tyler Trx 195338 OCT24 QUALITY LIFE 3,280.57 C 6 GJ GJ cashreg 12/18/2024 12/30/2024 Tyler Trx 199160 STIIZY 2560 HIGH POINT PKWY LI 9,016.87 C 8 GJ GJ cashreg 2/18/2025 2/20/2025 Tyler Trx 205857 STIIZY 2560 HIGH POINT PKWY LI 7,510.08 C 8 GJ GJ cashreg 2/24/2025 2/26/2025 Tyler Trx 206358 QUALITY LIFE 2841 LENWOOD JAN2 3,160.01 C 8 GJ GJ genjrnl 2/25/2025 2/26/2025 ddespain JE024425 QL DEC24 DELIVERY FEE PS ALLOC 3,184.90 C 8 GJ GJ genjrnl 2/25/2025 2/26/2025 ddespain JE024425 QL JAN25 DELIVERY FEE PS ALLOC 3,067.54 C Budget Adjustments: 0.00 Activity: 71,960.28
Page: 2
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Packet Pg. 85
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Fiscal Year Cannabis Division Totals 50% Allocation General Ledger Total Difference Fiscal Year 2022 $ 13,704.25 $ 6,852.13 $ 6,852.13 $ -
Fiscal Year 2023 $ 178,274.94 $ 89,137.47 $ 89,137.47 $ - Fiscal Year 2024 $ 275,439.79 $ 137,719.90 $ 137,719.90 $ - Fiscal Year 2025 $ 143,920.60 $ 71,960.28 $ 71,960.28 $ - Grand Total: $ 611,339.58 $ 305,669.78 $ 305,669.78 $ - Fiscal Year Amount
Fiscal Year 2022 $ -
Fiscal Year 2023 $ -
Fiscal Year 2024 $ 7,596.49
Fiscal Year 2025 (Through 2/28/25) $ 13,590.57
Fiscal Year 2025 (Through 2/28/25) $ 11,127.28
Grand Total: $ 32,314.34
Public Safety 50% Alloc - Acct #100.780.720.608

REVENUES

EXPENDITURES
Description
No Expenditures in FY 22
No Expenditures in FY 23
Police Department Building Improvements
Police Department Building Improvements
Overtime - Public Safety Cannabis Regulation
Cannabis Division Revenue
Public Safety 50% Alloc - Revenues and Expenditures (By Fiscal Year) 76 4.a
Packet Pg. 86
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Presentation) 3/6/2025 10:01:57AM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: E 100.110.180.08.801 Title: POLICE DEPT BUILDING IMPROVEMENTS Fiscal Year: 2024 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

D
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Encumbrances Expenditures Balance
2025 55,403.00 0.00 13,590.57 41,812.43
2024 63,000.00 0.00 7,596.49 55,403.51
2023 0.00 0.00 0.00 0.00
Account Activity
Period Total Budget Encumbrances Expenditures Balance
1 63,000.00 0.00 0.00 63,000.00
12 0.00 0.00 7,596.49 55,403.51
Totals: 63,000.00 0.00 7,596.49 55,403.51
Page: 1
77 4.a
Packet Pg. 87
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/6/2025 10:01:57AM
Account Information

CITY OF BARSTOW
glAInq Page: 2
Account No: E 100.110.180.08.801 Title: POLICE DEPT BUILDING IMPROVEMENTS Fiscal Year: 2024 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 12 AP IN invoice 6/30/2024 7/31/2024 mtolbert 179940666 OFFICE CHAIRS -PD 3,077.02 D Vendor: 011338 - ULINE INC check# 96380
12 AP IN invoice 6/30/2024 7/31/2024 mtolbert 179940666 San Bernardino County Sales Tx 249.51 D Vendor: 011338 - ULINE INC check# 96380
12 AP IN invoice 6/30/2024 8/28/2024 mtolbert 6033A COMPETITIVEDOOR 2,948.82 D Vendor: 003194 - US BANK CORPORATE check# 1021
12 AP IN invoice 6/30/2024 8/28/2024 mtolbert 6033A LOWES #00907* 138.32 D Vendor: 003194 - US BANK CORPORATE check# 1021
12 AP IN invoice 6/30/2024 8/28/2024 mtolbert 6033A LOWES #00907* 1,347.98 D Vendor: 003194 - US BANK CORPORATE check# 1021
12 AP IN invoice 6/30/2024 8/28/2024 mtolbert 6033A LOWES #00907* 165.16 C Vendor: 003194 - US BANK CORPORATE check# 1021
Budget Adjustments: 0.00 Encumbrances: 0.00 Activity: 7,596.49 Page: 2
78 4.a
Packet Pg. 88
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/6/2025 10:00:23AM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: E 100.110.180.08.801 Title: POLICE DEPT BUILDING IMPROVEMENTS Fiscal Year: 2025 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

D
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Encumbrances Expenditures Balance
2025 55,403.00 0.00 13,590.57 41,812.43
2024 63,000.00 0.00 7,596.49 55,403.51
2023 0.00 0.00 0.00 0.00
Account Activity
Period Total Budget Encumbrances Expenditures Balance
1 0.00 0.00 5,839.16 5,839.16-
2 0.00 0.00 215.33 6,054.49-
3 0.00 0.00 4,671.84 10,726.33-
4 55,403.00 0.00 1,416.27 43,260.40
7 0.00 0.00 1,447.97 41,812.43
Totals: 55,403.00 0.00 13,590.57 41,812.43
Page: 1
79 4.a
Packet Pg. 89
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/6/2025 10:00:23AM
Account Information

CITY OF BARSTOW
glAInq Page: 2
Account No: E 100.110.180.08.801 Title: POLICE DEPT BUILDING IMPROVEMENTS Fiscal Year: 2025 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 1 AP IN invoice 7/30/2024 8/1/2024 mtolbert 8085 FENCE -LILIAN PARK 13,670.00 D Vendor: 002360 - ELLIS FENCE CO INC check# 96408
1 AP IN invoice 7/30/2024 8/1/2024 mtolbert 1264 TINT -LOBBY WINDOW PD 842.00 D Vendor: 012919 - NIZA WINDOW TINT check# 96437
1 AP IN invoice 7/30/2024 8/1/2024 mtolbert 1515 VINLY FLOOR -PD REMODEL 4,759.00 D Vendor: 013381 - CARPET CLUB check# 96407
1 AP IN invoice 7/30/2024 8/1/2024 mtolbert 1515 VINLY FLOOR -PD REMODELGL GLUE 219.00 D Vendor: 013381 - CARPET CLUB check# 96407
1 AP IN invoice 7/30/2024 8/1/2024 mtolbert 1515 San Bernardino County Sales Tx 19.16 D Vendor: 013381 - CARPET CLUB check# 96407
1 GJ GJ genjrnl 7/30/2024 10/14/2024 bchavez JE076324 RCLS FENCE-LILLIAN PARK 13,670.00 C 2 AP IN invoice 8/27/2024 8/28/2024 mtolbert 2509 THE HOME DEPOT 6972 215.33 D Vendor: 003194 - US BANK CORPORATE check# 1020
3 AP IN invoice 9/24/2024 9/25/2024 mtolbert 44944 GLASS FRAMING -PD 4,671.84 D Vendor: 000128 - BARSTOW GLASS & MIRROR check# 97052
4 GJ BA budadj 10/8/2024 10/16/2024 bchavez BA100124 FY24 CARRY FORWARD CIP BUDGET 55,403.00 4 AP IN invoice 10/15/2024 10/24/2024 mtolbert 1790 AMAZON MKTPL*CL56E2AL3 407.16 D Vendor: 003194 - US BANK CORPORATE check# 1043
4 AP IN invoice 10/15/2024 10/24/2024 mtolbert 1790 AMAZON MKTPL*TI5LT2OJ3 335.72 D Vendor: 003194 - US BANK CORPORATE check# 1043
4 AP IN invoice 10/15/2024 10/24/2024 mtolbert 8659 OFFICHRSUSA 673.39 D Vendor: 003194 - US BANK CORPORATE check# 1043
7 AP IN invoice 1/27/2025 1/29/2025 ddespain 6244 THE HOME DEPOT #6972 190.81 D Vendor: 003194 - US BANK CORPORATE check# 1084
7 AP IN invoice 1/27/2025 1/29/2025 ddespain 6244 LOWES #01001* 3.77 D Vendor: 003194 - US BANK CORPORATE check# 1084
7 AP IN invoice 1/27/2025 1/29/2025 ddespain 6244 THE HOME DEPOT #6972 89.98 D Vendor: 003194 - US BANK CORPORATE check# 1084
7 AP IN invoice 1/27/2025 1/29/2025 ddespain 6244 THE HOME DEPOT #6972 31.20 D Vendor: 003194 - US BANK CORPORATE check# 1084
7 AP IN invoice 1/27/2025 1/29/2025 ddespain 9500 THE HOME DEPOT #6972 388.89 D Vendor: 003194 - US BANK CORPORATE check# 1084
7 AP IN invoice 1/27/2025 1/29/2025 ddespain 9500 LOWES #01001* 582.88 D Vendor: 003194 - US BANK CORPORATE check# 1084
Page: 2
80 4.a
Packet Pg. 90
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/6/2025 10:00:23AM
Account Information

CITY OF BARSTOW
glAInq Page: 3
Account No: E 100.110.180.08.801 Title: POLICE DEPT BUILDING IMPROVEMENTS Fiscal Year: 2025 7 AP IN invoice 1/27/2025 1/29/2025 ddespain 9500 THE HOME DEPOT #6972 160.44 D Vendor: 003194 - US BANK CORPORATE check# 1084
Budget Adjustments: 55,403.00 Encumbrances: 0.00 Activity: 13,590.57 Page: 3
81 4.a
Packet Pg. 91
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/6/2025 9:49:21AM
Account Information

CITY OF BARSTOW
glAInq Page: 1
Account No: E 100.130.321.01.115 Title: OT-PUBLIC SFTY CANNABIS REGLTN (50%OF3%) Fiscal Year: 2025 Debit / Credit:

Status Code:

JC Required:

Standard Acct:

Account Class:

Account Type:

Cash / Inv Code:

Nominal / Real:

Budgeted:

Allotment:

Locked:

Budget Account:

Year End Estimate:

D
0 N
Y
Y
N
N

0.00 Report Group 1:

Report Group 2:

Comments:

Account History
Year Total Budget Encumbrances Expenditures Balance
2025 0.00 0.00 11,127.28 11,127.28-
Account Activity
Period Total Budget Encumbrances Expenditures Balance
2 0.00 0.00 837.30 837.30-
3 0.00 0.00 4,171.46 5,008.76-
4 0.00 0.00 1,387.76 6,396.52-
5 0.00 0.00 2,505.24 8,901.76-
6 0.00 0.00 2,211.46 11,113.22-
7 0.00 0.00 938.08- 10,175.14-
8 0.00 0.00 952.14 11,127.28-
Totals: 0.00 0.00 11,127.28 11,127.28-
Page: 1
82 4.a
Packet Pg. 92
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue 3/6/2025 9:49:21AM
Account Information

CITY OF BARSTOW
glAInq Page: 2
Account No: E 100.130.321.01.115 Title: OT-PUBLIC SFTY CANNABIS REGLTN (50%OF3%) Fiscal Year: 2025 Transaction Detail
Period Jrnal Doc Type Doc Date Post Date Group Reference Description Amount D/C 2 PY LD salexp 8/31/2024 9/5/2024 payroll 100 Wages 837.30 D 3 PY LD salexp 9/14/2024 9/19/2024 payroll 100 Wages 2,021.56 D 3 PY LD salexp 9/28/2024 10/2/2024 payroll 100 Wages 2,149.90 D 4 PY LD salexp 10/12/2024 10/17/2024 payroll 100 Wages 438.24 D 4 PY LD salexp 10/26/2024 10/30/2024 payroll 100 Wages 949.52 D 5 PY LD salexp 11/9/2024 11/14/2024 payroll 100 Wages 1,670.16 D 5 PY LD salexp 11/23/2024 11/26/2024 payroll 100 Wages 835.08 D 6 PY LD salexp 12/21/2024 12/18/2024 payroll 100 Wages 2,211.46 D 7 PY LD salexp 1/18/2025 1/23/2025 payroll 100 Wages 938.08 C 8 PY LD salexp 2/15/2025 2/20/2025 payroll 100 Wages 952.14 D Budget Adjustments: 0.00 Encumbrances: 0.00 Activity: 11,127.28 Page: 2
83 4.a
Packet Pg. 93
Attachment: 0-1-FINAL Cannabis Revenue Audit City Council 3-17-25 (5918 : Cannabis Revenue Regular Meeting
03/17/25 05:30 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5923

AGENDA ITEM
AGENDA MATTER:

MINUTES REGULAR MEETING - JANUARY 21, 2025, AT 5:00 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
5 Packet Pg. 94

REGULAR MEETING

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JANUARY 21, 2025
5:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

REGULAR MEETING
Minutes-January 21, 2025

Page 1 of 15 ends

CALL TO ORDER - CLOSED SESSION:

MAYOR SILVA called the Closed Session meeting to order at 5:00 P.M.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER WILLIAMS led the Pledge of Allegiance.

ROLL CALL:

Attendee Name Title Status Arrived
James M. Noble Council Member Present
Barbara Mae Rose Mayor Pro Tem Present
John Williams Council Member Present
Carmen Hernandez Council Member Present
Timothy Silva Mayor Present
PARTICIPATION IS INVITED : IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA, PLEASE

SO INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HANDING IT TO THE CITY CLERK PRIOR TO THE AGENDA ITEM EING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

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

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

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

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SPEAKERS

ET SNELL, NEWBERRY SPRINGS
- Spoke of his tripod and why he was not allowed to have it at the meetings.

MELODY WALKER, BARSTOW, CALIFORNIA
- Spoke of an accident that occurred in 2019.

GILBERT ASA, BARSTOW, CALIFORNIA
- Spoke of an accident he had in 2019.

JIM BROWN, BARSTOW, CALIFORNIA
- Spoke of profanity that was said in past meetings.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Spoke about the spending abilities of the city manager and the lack of transparency. - Noted Mr. Espinoza has many privileges no other city manager had before. - Explained his spending power increase from $50,000 to $75,000.

MOTION TO GO INTO CLOSED SESSION:

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

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

Pursuant to Government Code Section 54956.9(d)(1)), the City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.

Case Name: Barstow Proprietors Association, et al. v. City of Barstow et. al, US District Court, Central District of California, Case No. 5:23-cv-00926-JLS-JC; United States Courts of Appeals for the 9th Circuit, Case No. 23-3935

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

Pursuant to (Gov. Code Section 54956.9(d)(1))
The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.

Case Name: Ellis v. City of Barstow
Names of Parties or Claimants
San Bernardino County Superior Court Case No. CIV-SB-2307680

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

Pursuant to Government Code Section 54956.9(d)(2) & (e)(1), a point has been reached where, in the opinion of the City Council, on the advice of its legal counsel, based on the belowdescribed existing facts and circumstances, there is a significant exposure to litigation against the City. Facts and circumstances that might result in litigation but which the City believes are not yet known to potential plaintiff or plaintiffs. (Government Code Section 54956.9(e)(1)) Number of Potential Cases: 2

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

5. CONFERENCE WITH LEGAL COUNSEL - PROPERTY NEGOTIATORS Recommended Action:
(Government Code Section 54956.8)
Property: Bureau of Lang Management Land east and north of the commercial developments along Highpoint Parkway, off Lenwood Road
Agency Negotiators: Andy Espinoza Jr., Interim City Manager Negotiating Party: Lewis Acquisition Company, LLC
Under Negotiation: Price and Terms of Payment

6. CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action:
(Gov. Code § 54957.6)
District Negotiators: Acting City Manager/District Manager Chris Heldreth & Barstow Fire Protection District Chief Cory Cisneros
Employee Organization: Barstow Professional Firefighters Association

7. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: Interim City Manager, Police Chief, Public Safety Director REPORT OF CLOSED SESSION:

MATTHEW SUMMERS, CITY ATTORNEY reported the following:
- The City Council met in Closed Session to consider two of the items on the closed session, the other five will continue after the conclusion of the Regular meeting. - The council considered item number two Existing Litigation Regarding Ellis vs City of Barstow, Direction was provided to staff with no reportable action taken. - The City Council also considered item number seven Public Employment regarding the Interim City Manager, Police Chief, and Public Safety Director. There was a reportable action. Mr. Espinoza was placed on paid administrative leave until further notice.

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

MAYOR SILVA called the Regular meeting to order at 7:00PM.

INVOCATION:

PASTOR MIKE SMITH from BETHANY CHRISTIAN FELLOWSHIP gave the invocation.

PLEDGE OF ALLEGIANCE:

MAYOR SILVA led in the pledge of the allegiance.

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ROLL CALL:

Attendee Name Title Status Arrived
James M. Noble Council Member Present
Barbara Mae Rose Mayor Pro Tem Present
John Williams Council Member Present
Carmen Hernandez Council Member Present
Timothy Silva Mayor Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING

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

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

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

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

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

Motion by MAYOR PRO TEM ROSE, seconded by COUNCIL MEMBER WILLIAMS to pull item 10 for discussion.

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

8. CERTIFICATE OF APPRECIATION FOR THE 2024-2025 BARSTOW HIGH SCHOOL VARSITY FOOTBALL.

Recommended Action:

Presentation only.

RESULT: PRESENTATION ONLY

9. AFTER-EVENT REPORT AND PRESENTATION BY BABIES SO SPECIAL Recommended Action:

After-event report and presentation only.

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RESULT: CONTINUED – Presenter did not show Next: 2/3/2025 5:30 PM CONSENT CALENDAR PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE GOVERNING BOARD ON ALL MATTERS ON THE CONSENT CALENDAR.

MINUTES ALL AGENCIES:

NONE
ACCOUNTS PAYABLE ALL AGENCIES:

NONE
CITY COUNCIL:

10. APPROVAL OF AMENDMENT (SIDE LETTER) TO THE MEMORANDUM OF UNDERSTANDING (MOU) WITH TEAMSTERS LOCAL 1932 - UNIT 1
Recommended Action:

Staff recommends that the City Council take the following action:

1. Approve the Amendment to the 2022-2025 Memorandum of Understanding (side letter) between the City of Barstow and Teamsters Local 1932 – Unit 1 pertaining to the National Institute for Automotive Service Excellence certification.

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

MAYOR PRO TEM ROSE
- Asked when the original MOU was ratified and signed
- Asked about the fiscal impact in fiscal year 2025.
- Asked why is it not signed by the teamster representative and asked if the MOU could have been written up as different and cleared.

COMMUNITY DEVELOPMENT DIRECTOR, CHRIS HELDRETH
- Clarified the original MOU was signed in July 2022.

FINANCE DIRECTOR SYDNIE HARRIS
- Explained there is no change to the fiscal impact because this is part of the personal budget. - Clarified this needs to be approved by the council before is presented to teamsters for signature. - Clarified this is retroactive to the MOU only not financially, explained these members are currently receiving this incentive.
- Noted this is just to correct the MOU which was written incorrectly.

COUNCIL MEMBER HERNANDEZ
- Clarified that this is just to clarify and align the MOU with the City's CalPERS retirement system.

MAYOR PRO TEM ROSE
- Asked how it affects CalPERS without the supporting documents. - Asked if these individuals will be penalized by the system.

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FINANCE DIRECTOR SYDNIE HARRIS
- Explained this does not affect CalPERS in the sense of income, it affects the count towards time served.
- Clarified the employees will not be penalized, and there is no financial impact; this is just counting towards pension hours for retirement.

DISCUSSION

MAYOR PRO TEM ROSE
- Expressed her concern with the document to being signed by union representatives. - Noted this does not confirm that the union agrees with what is being presented and asked for spreadsheets in the future.

COMMUNITY DEVELOPMENT DIRECTOR, CHRIS HELDRETH
- Explained how this erroneous mistake was caught, and why it is on tonight's agenda for approval.

MAYOR PRO TEM ROSE
- Thanked Chris for the clarification as to why this has to be approved.

WILLIAMS,
- Said he appreciates employees noting it is important to do the right thing by them.

RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Mayor Pro Tem
SECONDER: Carmen Hernandez, Council Member
AYES: Noble, Rose, Williams, Hernandez, Silva
DISCUSSION / ACTION ON DEFERRED ITEMS:

PUBLIC HEARINGS:

11. INTRODUCTION OF ORDINANCE NO. 1027-2025 APPROVING A DEVELOPMENT AGREEMENT WITH LEWIS LAND DEVELOPERS, LLC FOR A 146-UNIT SINGLE-FAMILY

RESIDENTIAL HOUSING PROJECT LOCATED AT THE SOUTHWEST CORNER OF

RIMROCK ROAD AND HIGGINS ROAD
Recommended Action:

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

ECONOMIC DEVELOPMENT SPECIALIST, GENESIS CRANK
- Presented the staff report as filed with the City Clerk's office. - Clarified the reason for this ordinance is because the tentative map is about to expire and there is a need for an extension consideration with a development agreement attached.

COUNCIL MEMBER HERNANDEZ
- Asked for information regarding the purchase status of the land.

COMMUNITY DEVELOPMENT DIRECTOR, CHRIS HELDRETH
- Clarified escrow closed on December 19, 2024.

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COUNCIL MEMBER NOBLE
- Asked for clarification about the 10-year time frame and an extension of 5 more years if needed.

ECONOMIC DEVELOPMENT SPECIALIST, GENESIS CRANK
- Clarified this is because the development agreement and the map are tied together.

MAYOR SILVA OPENED THE PUBLIC HEARING AT 7:52 pm
SPEAKERS:

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Mentioned there is no documentation regarding the purchase of the land. - Requested to add an agreement stating they have to build something within a certain period of time.
- Would like to see some guarantee that some development will happen in the near future.

ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Concerned about them building and walking away.
- Noted he does not see what they are proposing for the benefit of senior citizens and children in our community.

MAYOR SILVA CLOSED THE PUBLIC HEARING AT 7:59 pm

COMMUNITY DEVELOPMENT DIRECTOR, CHRIS HELDRETH
- Explained the application process for entitlements.

BILL HOOVER, with LEWIS GROUP
- Introduced himself and gave an explanation as to the interest in building in the city and confirmed that the property was purchased.

COUNCIL MEMBER HERNANDEZ
- Asked when they are planning to start development.

MAYOR PRO TEM ROSE
- Asked about the access road to Montara Rd.
- Asked about Stringham Park and asked for the safety of the children.

COMMUNITY DEVELOPMENT DIRECTOR, CHRIS HELDRETH
- Said they are working on the circulation road and how Higgins Rd is not a thru street. - Explained the diversion to Montara Rd.
- Noted once they develop these projects and the fees are collected funds will go to help improve parks and streets.

COUNCIL MEMBER NOBLE
- Asked about how long it takes to build these 146 homes.

BILL HOOVER, with LEWIS GROUP
- Noted that under normal market conditions, it will take about 3 years from the day they start selling to the day they are all sold out.

DISCUSSION

COUNCIL MEMBER HERNANDEZ
- Asked about the zoning for this project.

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COMMUNITY DEVELOPMENT DIRECTOR, CHRIS HELDRETH
- Explained currently in the General Plan this is diverse use land but this will change with this Development Agreement.

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

CITY COUNCIL:

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

AGREEMENT AND RELATED DOCUMENTS WITH HOLMAN CAPITAL FOR THE

LEASE/PURCHASE OF A ENFORCER PIERCE ULTIMATE CONFIGURATION PUMPER FIRE ENGINE, AND THE LEASE/PURCHASE OF A BME INTERNATIONAL TYPE # 3 BRUSH TRUCK.

Recommended Action:

Staff recommends the City Council:

1. Approve BFPD Resolution 74-2025 authorizing the Barstow City Council to execute the Master Lease-Purchase Agreement and related documents with Holman Capital to finance the acquisition of a Pierce Fire Engine, and the BME International Brush Truck with a cost not to exceed a total of $1,700,000 collectively, as defined in the Discussion Section of this staff report.

FINANCE DIRECTOR, SYDNEY HARRIS
- Presented the staff report as filed with The City Clerk's office.

MAYOR PRO TEM ROSE
- Spoke of the presentation made at the July 15, 2024 meeting when the recommendation was made to use Measure Q funds to purchase the Fire Trucks. - Asked why the vehicle was not paid six months ago when approved by the council.

FINANCE DIRECTOR, SYDNEY HARRIS
- Explained what residual funds are, and suggested financing the vehicles instead of cash purchase.
- Explained currently the city is financing two fire trucks. - Noted the current fund balance was around 8 Million dollars. Noted she is expecting the end balance at the end of the year to be around 6 Million dollars after all expenses and the purchase of this fire truck.
- Noted the type one engine takes about four years to be built and they are currently building it.

COUNCIL MEMBER WILLIAMS
- Asked what staff is planning to do with the 1.7 million if we don't pay for this upfront. - Asked what is the projected revenue in 2025 from Measure Q.

INTERIM CITY MANAGER CHRIS HELDRETH,
- Explained the bill is not due currently and this maximizes the use of the money.

FINANCE DIRECTOR, SYDNEY HARRIS
- Explained they are projecting a revenue of $10,100,000.00 from Measure Q. - Noted they are expecting about 12 million dollars in expenses for this year.

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COUNCIL MEMBER HERNANDEZ
- Asked if it could pay it off early.

FINANCE DIRECTOR, SYDNEY HARRIS
- Said we pay upfront

COUNCIL MEMBER HERNANDEZ
- Does not understand why it cannot be paid on the lump sum.

MAYOR PRO TEM ROSE
- Asked Chief Cisneros if he was informed of the delays in the two apparatus vehicles the council approved.

CHIEF CISNEROS
- Noted he was made aware by the vendor of what the issues were on this delay. - Noted he was made aware of fiscal strategies by staff.

MAYOR PRO TEM ROSE
- Asked who has the authority to reverse the Council's decision.

MATTHEW SUMMERS
- Responded that only the Council can override the Council decision.

MAYOR PRO TEM ROSE
- Asked when staff planned to take this to Measure Q for approval.

INTERIM CITY MANAGER CHRIS HELDRETH
- Explained staff intentions with bringing this item for approval. - Requested a Measure Q presentation to the council.

FINANCE DIRECTOR, SYDNEY HARRIS
- Noted staff is ready to do a presentation.

COUNCIL MEMBER WILLIAMS
- Asked what are the planned benefits if the Council approves this item.

FINANCE DIRECTOR, SYDNEY HARRIS
- Noted this year the city spent about $850,000 on park renovations. - Explained the interest rate was locked in when the documentation was drafted and expires on the 30th of January 2025.
- Explained the city currently has a lease of 54 vehicles from Enterprise.

MAYOR SILVA
- Asked if there is a penalty for delaying the purchase.

SPEAKERS:

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked who gave authority to change the terms of the purchase, and said the money has to be there.

DISCUSSION:

MAYOR PRO TEM ROSE
- Concerned about how Measure Q funds are being spent, noting Measure Q was not intended to be a general fund and to pay all of the city's bills.

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COUNCIL MEMBER HERNANDEZ
- Said this was an exception to the rule and asked how much in debt the city is in regards to the Fire Department.

COUNCIL MEMBER WILLIAMS
- Would have wanted to see what the intentions are for this money.

MAYOR SILVA
- Clarified that the purchase was still moving forward, what they are bringing back is the finance and not the delay of the purchase.

RESULT: FAILED [2 TO 3]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Council Member
AYES: Noble, Silva
NAYS: Rose, Williams, Hernandez

13. APPROVAL OF PURCHASE OF A CCTV TRUCK/EQUIPMENT
Recommended Action:

Staff recommends that the council take the following actions:

1. Authorize the purchase of a new CCTV van from Haaker equipment, by appropriating $383,032.21 from the Wastewater Enterprise Fund and,

2. Authorize the City Manager or designee to issue the intent to purchase and the authority to execute the necessary agreement when the equipment becomes available.

PLANT SUPERINTENDENT WESLEY GARRISON
- Presented the staff report as filed with The City Clerk's office.

COUNCIL MEMBER NOBLE
- Asked what this purchase was for and what this was used for.

PLANT SUPERINTENDENT WESLEY GARRISON
- Explained this is a robotic tractor with an underwater camera that is deployed to surveillance the city's collection system to check for cracks, breakage in the pipes, etc., to come up with a preventive maintenance plan to clean the city's sewer and replace sewer lines. - Noted the current equipment is 9 years old and is currently out of service.

COUNCIL WILLIAMS
- Asked how this piece of equipment will make the job easier.

PLANT SUPERINTENDENT WESLEY GARRISON
- Explained this will allow for staff to prevent sewer spills. - Noted the fines for sewage leaks are about $10k per gallon and this equipment will help to prevent that.
- Explained they had seen a few sewage leaks in the last few years.

MAYOR PRO TEM ROSE
- Asked if the item was budgeted.

PLANT SUPERINTENDENT WESLEY GARRISON
- Noted he has budgeted accordingly in FY25.

COUNCIL MEMBER HERNANDEZ
- How long have the inspections not been done?

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PLANT SUPERINTENDENT WESLEY GARRISON
- Noted 2023 they stated seeing a decline in equipment mentioning that out of the 665,000 ft of the sewer system, they only inspected 1500ft, and in 2024 they inspected only 2,100 ft. - Mentioned they had been out of the equipment for 3-4 months.

COUNCIL MEMBER NOBLE
- Asked if this camera can accomplish those inspections.

PLANT SUPERINTENDENT WESLEY GARRISON
- Responded this equipment should be able to handle these inspections. - Noted the current equipment should go out to auction.

SPEAKERS:

NONE
DISCUSSION:

COUNCIL MEMBER WILLIAMS
- Complemented staff for their great job and likes what the WWTP is doing to remedy the cost of the fines.

HERNANDEZ
- Commented they were unaware of the length of time they were out or the camera.

SILVA
- Said it’s good to see what is below on the streets when the street has been improved.

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

14. PLANNING COMMISSION VACANCIES
Recommended Action:

The Selection Committee recommends the City Council appoint Beatrice Lint and Ted Weasma as Planning Commissioners for one term, (to end 12/31/2028).

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

MAYOR PRO TEM NOBLE
- Thanked council members who participated in the recruitment process. - Congratulated the appointed members.

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

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15. SELECTION OF COMMITTEE REPRESENTATIVES FOR THE STREET COMMITTEE Recommended Action:

It is recommended that Mayor Silva appoint a Member of the Council to serve on the Street Committee.

SPEAKERS:

TED WEASMA, BARSTOW, CALIFORNIA
- Said the committee has the potential to make decisions and not depend on a computer system because many streets need attention within the city.

MAYOR PRO TEM ROSE
- Asked for a change in the language within the description.

Appointed COUNCIL MEMBER HERNANDEZ to be on the committee.

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

SPEAKERS:

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke of a handout he gave regarding the overpayment to the Marriott and said they were not entitled to it.
- Wanted to know what this council is going to do to get this money back. - Asked about the Cannabis odor and asked why the city didn't cancel the contract for being out of compliance.

TED WEASMA, BARSTOW, CALIFORNIA
- Spoke about financial responsibility and the amount of money coming out of Measure Q. - Noted the city purchased a dog kennel and a truck to pick up dogs and asked how many vicious dogs have been picked up.
- Mentioned there has not been a Measure Q meeting in over a year and this needs to be addressed.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Concerned about their upcoming meeting on Thursday, January 23rd, and asked why the meeting is being held at a remote location and asked for reporting of closed session.

JOHN HARRIS, BARSTOW, CALIFORNIA
- Congratulated the new Council spoke of the BIG project coming and wants to make sure they do their due diligence.

SONIA REAY, BARSTOW, CALIFORNIA
- Asked what is the contingency plan if there is a fire at the Tesla charging center. - Mentioned the College Barstow started their Barstow reads program every Wednesday at 2 pm at the new coffee shop.
- Mentioned the book "Sitting Pretty" by Rebekah Taussig author will be coming in May to do a presentation.

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STAFF REPORTS:

NONE
COUNCIL COMMITTEE REPORTS:

COUNCIL MEMBER HERNANDEZ
- None

COUNCIL MEMBER NOBLE
- Attended Military Affairs January 14th. Looking ahead, this year’s mixer will be at Ft Irwin. - The Economic Development meeting will be at Barstow Community College on January 29th between 8-9 AM.
- The State of the City will be on April 30th at Barstow Community College. - The MCLB Golf Tournament will be on May 4th.
- The VVTA meeting today voted for two new members.
- VVTA Will be meeting in Barstow on February 18th at 9:30 AM.

MAYOR PRO-TEM ROSE
- Attended Homeward Bound meeting on January 9th.
- Committee applications are being accepted.
- Asking individuals who wish to donate rolls of quarters for Loads of Laundry. - Church of Christ has a shower program. Contact Sergio and also do food giveaways. - Mentioned they also purchased a sink for the church.
- Spoke about a Homeless coordinator position.
- Move the meeting to Thursdays, next meeting will be February 13 at 5 PM. - Move Rules and Policy to 5 PM.

COUNCIL MEMBER WILLIAMS
- None

MAYOR SILVA
- Attended SBCTA, and took a vote on opposition of a couple of measures which will require all housing to be electric no gas.
- Attended Military Fairs with COUNCIL MEMBER Noble.
- Attended League of Cities in Apple Valley.
- Will be speaking at the Economic Development meeting.

BUSINESS OF THE COUNCIL:

COUNCIL MEMBER HERNANDEZ
- Spoke about the Cannabis odor and noted the next MDAQMD meeting will be on Monday 27th. - Asked if staff is taking any action.
- Spoke about the Riverside bench needing to be repaired. - Requested the meeting to be adjourned in memory of Martha Saenz. - Fire Hydrants have not been checked and would be the water company fire and building inspector

INTERIM CITY MANAGER CHRIS HELDRETH
- Expressed that they are formulating a game plan and drafted revocation notices and this was sent to several operators.

CITY ATTORNEY MATTHEW SUMMERS
- Announced the council will be taking public comments on the special meeting on January 23 at 8:00 am at the Holiday Inn.
- Noted the item is listed as City Manager public employment. - Mentioned it was selected there for facilitating better discussion.

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COUNCIL MEMBER NOBLE
- Noted when driving down Main Street he saw many vendors and asked if they were licensed. - Mentioned if they are not licensed why they have not been removed. - Noted this is a safety hazard, mentioned they are stopping traffic. - Noted there are some on Main St and Rimrock.
- Expressed concerns with homelessness and how are we going to fix that lingering and would like to see more police presence in those areas.
- Mentioned Humane Society needs to be looked at as he has seen an abundance of stray dogs running around the city.

MAYOR PRO-TEM ROSE
- Attended the Pickleball court event and thanked staff for making it happen. - Requested a Measure Q presentation for the February 3rd meeting. COUNCIL MEMBER HERNANDEZ seconded.
- Mentioned they are planning to coordinate more town hall meetings, will be teaming up with District 4, and invite the public to attend and hear about the safety concerns and upcoming events. - Mentioned the Cora Harper logo looks great and asked about the cost. Will like to see the cost of this project.
- Asked about the status of the military flags. Will like to see them on Main Street. - Asked what is the vacancy status on Measure Q.
- Asked if they can review the received applications for Measure Q.

CITY CLERK SERVICES MANAGER MARIBEL HERNANDEZ
- Explained they got the application and the order was getting ready to be sent to the manufacturer. - Expressed they received a notification from Edison asking for the removal of all brackets. - Noted they finally got approval from Edison in mid-December to use the poles. - Mentioned banners should arrive within 4 weeks.
- Noted the application went out and they had received two applications for Measure Q committee.

COUNCIL MEMBER WILLIAMS
- Requested a presentation of street projects and their status at the next meeting. MAYOR SILVA seconded.
- Requested a complete cost allocation for the street lighting event. MAYOR PRO TEM Rose seconded.
- Requested to see Measure Q meetings go monthly with both the City Manager and Finance Director to attend these meetings and to review the Measure Q ordinance at the next meeting, MAYOR PRO TEM ROSE seconded.

MAYOR SILVA
- Requested a Youth Advisory Council be put together, COUNCIL MEMBER Williams seconded. - Expressed his concerns with the cannabis issues and was glad to see the revocable documentation was sent.
- Requested to have a student do the flag salute, COUNCIL MEMBER HERNANDEZ seconded. - Asked if the military banner application is on the city's website. - Recognize everyone in the city for their accomplishments. - Encourage council members to have town hall meetings nothing he will attend if invited. - Would come up with a time frame and ask questions of staff and the City Manager to discuss the agenda.
- Explained they are hiding the identity of the applicants which is a liability issue if those names are disclosed.
- Asked staff about the plans for the EOC and what we do in an emergency.

COUNCIL MEMBER HERNANDEZ
- Mentioned the Fire Hydrants had not been checked and would like to see this done. - Would like to see a report from the water company.

5.a
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Page 15 of 15 ends

ADJOURNMENT:

By the consensus of the City Council and without objection the meeting was adjourned at 10:31 P.M. in honor of Martha Saenz and resumed to closed session.

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

5.a
Packet Pg. 109 Attachment: 01 21 25 Minutes Final AF (5923 : Minutes Regular Meeting January 21, 2025 5:00 P.M.) Regular Meeting
03/17/25 05:30 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5922

AGENDA ITEM
AGENDA MATTER:

MINUTES JOINT SPECIAL MEETING - JANUARY 23, 2025, AT 8:00 A.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
6 Packet Pg. 110

SPECIAL MEETING

HOLIDAY INN EXPRESS & SUITES
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JANUARY 23, 2025
8:00 AM
(HANDICAPPED ACCESSIBLE)

MINUTES

SPECIAL MEETING / CLOSED SESSION
Minutes-January 23, 2025

Page 1 of 2 ends

CALL TO ORDER - CLOSED SESSION:

MAYOR SILVA called the Closed Session meeting to order at 8:02 A.M.

INVOCATION:

MAYOR SILVA gave the invocation.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER NOBLE led the Pledge of Allegiance.

ROLL CALL:

Attendee Name Title Status Arrived
James M. Noble Council Member Present
Barbara Mae Rose Mayor Pro Tem Present
John Williams Council Member Present
Carmen Hernandez Council Member Present 8:07 a.m
Timothy Silva Mayor Present
PARTICIPATION IS INVITED : IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA, PLEASE

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

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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.

SPEAKERS:

TED WEASMA, BARSTOW, CALIFORNIA
- Emphasized to council the employee appointment is extremely important.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Expressed favorable characteristics of a public employee.

MOTION TO GO INTO CLOSED SESSION:

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

1. PUBLIC EMPLOYEE
Recommended Action:
(Government Code Section 54957)
Title: City Manager
ADJOURNMENT:

By the consensus of the City Council and without objection the meeting was adjourned at 4:54 P.M.

6.a
Packet Pg. 112 Attachment: 01 23 25 Minutes Final 8AM Meeting AF (5922 : Minutes Joint Special Meeting January 23, 2025 8:00 A.M.) Regular Meeting
03/17/25 05:30 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5921

AGENDA ITEM
AGENDA MATTER:

MINUTES JOINT SPECIAL MEETING - JANUARY 23, 2025, AT 5:00 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
7 Packet Pg. 113

SPECIAL MEETING

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JANUARY 23, 2025
5:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

SPECIAL MEETING / CLOSED SESSION
Minutes-January 23, 2025

Page 1 of 2 ends

CALL TO ORDER - CLOSED SESSION MEETING 5:00PM.:

MAYOR SILVA called the Closed Session meeting to order at 5:00 P.M.

INVOCATION:

COUNCIL MEMBER NOBLE gave the invocation.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER HERNANDEZ led the Pledge of Allegiance.

ROLL CALL:

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

7.a
Packet Pg. 114 Attachment: 01 23 25 Minutes Final 5PM Meeting AF (5921 : Minutes Joint Special Meeting January 23, 2025 5:00 P.M.) Minutes-January 23, 2025

Page 2 of 2 ends

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

SPEAKERS

ET SNELL, BARSTOW, CALIFORNIA
- Expressed his concerns with Interim City Manager Espinoza Jr.

TED WEASMA, BARSTOW, CALIFORNIA
- Noted the agenda item is not very clear.
- Expressed his concerns with Interim City Manager Espinoza Jr.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Expressed concerns with the previous council and not acting timely with leading staff.

JIM BROWN, BARSTOW, CALIFORNIA
- Expressed his concerns with Interim City Manager Espinoza Jr. and lack of transparency.

MOTION TO GO INTO CLOSED SESSION:

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

MAYOR SILVA
- Noted Report of closed session will be given at the February 3rd, 2025 regular meeting.

CLOSED SESSION AGENDA ITEMS:

1. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: Acting City Manager and Chief of Police
ADJOURNMENT:

By the consensus of the City Council and without objection the meeting was adjourned at 5:45 P.M.

7.a
Packet Pg. 115 Attachment: 01 23 25 Minutes Final 5PM Meeting AF (5921 : Minutes Joint Special Meeting January 23, 2025 5:00 P.M.) Regular Meeting
03/17/25 05:30 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5924

AGENDA ITEM
AGENDA MATTER:

MINUTES JOINT SPECIAL MEETING - JANUARY 27, 2025, AT 5:30 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
8 Packet Pg. 116

SPECIAL MEETING

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JANUARY 27, 2025
5:30 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

SPECIAL MEETING / CLOSED SESSION
Minutes-January 27, 2025

Page 1 of 3 ends

CALL TO ORDER:

MAYOR SILVA called the Closed Session meeting to order at 5:31 P.M.

INVOCATION:

COUNCIL MEMBER NOBLE gave the invocation.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER HERNANDEZ led the Pledge of Allegiance.

ROLL CALL:

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

8.a
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Page 2 of 3 ends

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

SPEAKERS:

GILBERT ASA, BARSTOW, CALIFORNIA
- Expressed his concerns with Interim City Manager Mr. Espinoza's Jr., performance during his years of service as a Police Chief and Interim City Manager.

TED WEASMA, BARSTOW, CALIFORNIA
- Noted the agenda does not have recommended action.
- Asked why we need a Public Safety Director.
- Hope this position will not be filled by just one person.

ET SNELL, BARSTOW, CALIFORNIA
- Mentioned this council needs to do what is right.
- Expressed his concerns with Interim City Manager Mr. Espinoza's Jr.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Noted there should be one person per job.
- Asked why are they considering an acting police chief, nothing there are a couple of people at the police department that can do that job.

JIM BROWN, BARSTOW, CALIFORNIA
- Expressed his concerns with Interim City Manager Espinoza Jr.

VIRGINIA BROWN, BARSTOW, CALIFORNIA
- Expressed her concerns with Interim City Manager Espinoza Jr. and the lack of transparency from the council.

MOTION TO GO INTO CLOSED SESSION:

Motion by MAYOR PRO TEM ROSE, seconded by COUNCIL MEMBER HERNANDEZ to approve agenda to discuss Item 2 first and item 1 second.

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

1. PUBLIC EMPLOYEE APPOINTMENT POSITION TITLES: ACTING CITY MANAGER AND ACTING CHIEF OF POLICE RECOMMENDED ACTION: THE CITY COUNCIL IS

RECOMMENDED TO APPOINT AN ACTING CITY MANAGER AND AN ACTING CHIEF OF POLICE.

Recommended Action:

The City Council is recommended to appoint an Acting City Manager and Acting Chief of Police, and direct staff to prepare contracts for approval by the City Council at the February 3, 2025 meeting.

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Page 3 of 3 ends

MATTHEW SUMMERS, CITY ATTORNEY
- Explained this is the item to appoint the names just announced as Acting City Manager and Acting Chief of Police.

SPEAKERS:

TED WEASMA, BARSTOW, CALIFORNIA
- Noted he wanted to recommend MR. HELDRETH for this position. - Mentioned to MR. ARTHUR he is a part of an organization with many problems.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Asked why the Chief of Police position was not open to the public and why they just appointed a Police Chief.
- Asked why they were not appointed an Assistant City Manager and why they wanted to leave this decision to the future Assistant City Manager.

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

2. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: City Manager, Interim City Manager, Police Chief, Public Safety Director REPORT OF CLOSED SESSION :

MATTHEW SUMMERS, CITY ATTORNEY reported the following:
- The City Council met in Closed Session to consider the first part of the closed session items regarding the City Manager and Acting Police Chief Positions. There is a reportable action on both.

The council has directed staff to bring forward an agenda item which is the next open session agenda item to appoint an Acting City Manager and an Acting Chief of Police subject to the final vote. The acting City Manager will be Mr. Chris Heldreth and the Acting Chief of Police will be Mr. Dan Arthur.

ADJOURNMENT:

By the consensus of the City Council and without objection the open session meeting was adjourned at 6:10 P.M. They continue with the closed session meeting and they will be reported out at the next council meeting.

8.a
Packet Pg. 119 Attachment: 01 27 25 Minutes Final AF (5924 : Minutes Joint Special Meeting January 27, 2025 5:30 P.M.) Regular Meeting
03/17/25 05:30 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5919

AGENDA ITEM
AGENDA MATTER:

MINUTES JOINT SPECIAL MEETING - FEBRUARY 3, 2025, AT 5:30 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
9 Packet Pg. 120

BARSTOW CITY COUNCIL /

BARSTOW FIRE PROTECTION DISTRICT

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

MINUTES

JOINT SPECIAL MEETING
Minutes-February 3, 2025

Page 1 of 15 ends

CALL TO ORDER - CLOSED SESSION:

MAYOR SILVA called the Closed Session meeting to order at 5:00 P.M.

INVOCATION:

COUNCIL MEMBER NOBLE gave the invocation.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER WILLIAMS led the Pledge of Allegiance.

ROLL CALL:

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

9.a
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Page 2 of 15 ends

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

SPEAKERS:

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked about the difference between items 3 & 4.

TED WEASMA, BARSTOW, CALIFORNIA
- Requested to add recommended action on the agenda items.

JIM BROWN, BARSTOW, CALIFORNIA
- Requested to add recommended action on the agenda items. - Expressed his concerns with Interim Chief of Police Arthur and requested not to make him permanent.

VIRGINIA BROWN, BARSTOW, CALIFORNIA
- Asked to add recommended action on the agenda items because the public does not know what are they going to be discussing.
- Noted the public needs to be informed of what they are discussing, there needs to be transparency.

MOTION TO GO INTO CLOSED SESSION:

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

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

2. CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action:
(Gov. Code § 54957.6)
District Negotiators: Acting City Manager/District Manager Chris Heldreth & Barstow Fire Protection District Chief Cory Cisneros
Employee Organization: Barstow Professional Firefighters Association

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Page 3 of 15 ends

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

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

CITY ATTORNEY, MATTHEW SUMMERS
- Council met in a closed session to discuss 4 items. Item 2 and Item 4 were discussed and no reportable action was taken. Items 1 and 3 would be continued after the close of the Joint Regular Meeting.
- Explained to the public the agenda title used matches the Brown Act. - Mentioned the recommended action is not listed because it depends on what the council decided to do or not do.
- Noted if reportable action is taken then report has to be made.

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

MAYOR SILVA called the meeting to order at 7:01 PM.

INVOCATION:

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

COUNCIL MEMBER WILLIAMS led in the pledge of allegiance.

ROLL CALL:

Attendee Name Title Status Arrived
James M. Noble Council Member Present
Barbara Mae Rose Mayor Pro Tem Present
John Williams Council Member Present
Carmen Hernandez Council Member Present
Timothy Silva Mayor Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING

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

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Page 4 of 15 ends

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

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

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

MOTION BY MAYOR PRO TEM ROSE, SECOND BY COUNCIL MEMBER HERNANDEZ to pull item 8 to the next City Council meeting on February 18, 2025 for further clarification.

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

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

Presentation Only

INTERIM CITY MANAGER, CHRIS HELDRETH
- Gave a presentation on the status and upcoming street projects.

COUNCIL MEMBER WILLIAMS
- Asked what was the total budget for 2020 to 2024.
- Asked about a 4 million dollar grant awarded to the city.

INTERIM CITY MANAGER, CHRIS HELDRETH
- Explained the city has obtained extensions for those projects otherwise, they will lose the funding, and they are actively re-designing and building against those funds.

PUBLIC WORKS SUPERINTENDENT THOMAS ALVA
- Explained a cold patch is a temporary patch, a hot mix patch will require a certain temp of about 55 degrees and rising.
- Noted an alligator crack fracturing is caused by the subgrade that is failing by water getting underneath the asphalt.
- Mentioned when the alligator is fractured the weight of the vehicles going over it pops the asphalt.
- Noted Grace, Virginia Way, and Crook Street pavement needs to be replaced because the asphalt is too damaged already to be just patched.

INTERIM CITY MANAGER, CHRIS HELDRETH
- Explained Grace needed to be reconstructed in 2012 during the Trip project but the city ran out of money during that time and they stopped the repairs.

COUNCIL MEMBER NOBLE
- Asked who prioritizes what streets are going to be repaired. - Asked who decides on what is prioritized within the list of projects when funding is running low. - Asked about the process of putting certain streets on the list for future repairs.

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Page 5 of 15 ends

INTERIM CITY MANAGER, CHRIS HELDRETH
- Explained the streets have to meet the grant application requirements. - Mentioned the City Engineer will try to find a location within the required footage to stop construction and they will brief the Street Committee on the situation and present the recommendation to the council for approval.
- Clarified when the grant was written it was only for certain sections, nothing in the grant identifies the streets where the funds should be used.
- Noted he requested the City Engineer to put together some price proposals for total reconstruction of those streets.

COUNCIL MEMBER HERNANDEZ
- Would like to know if the city has hired someone to administer grants so as to not lose track of the program.
- Noted most of the money from Measure I went into the bridge.

INTERIM CITY MANAGER, CHRIS HELDRETH
- Explained there is an individual in charge of compiling and monitoring all grants citywide. - Noted they would like to do a monthly report.
- Explained during the Trip Project, construction was slow at that time and the city had some savings and the council made the decision at that time to leverage those funds. - During that time the city had the ability to do many of the streets at one time.

MAYOR PRO TEM ROSE
- Asked if the city is looking for a new city engineer.

INTERIM CITY MANAGER, CHRIS HELDRETH
- Explained the city received two years ago two proposals besides the current engineer proposal but it was a significant price difference.
- Noted there are talks about bringing an engineer in-house but there is a need for a team of engineers when working on big projects.
- Explained that some construction happening now around the city that is Frontier they upgraded the Fiber Optic around the city so now they are under the restoration process.

COUNCIL MEMBER WILLIAMS
- Asked about the lines on the street.
- Asked if the transverse cracks are being fixed correctly.

MAYOR SILVA
- Asked about Frontier and the trenching policy, and asked if all utilities are abiding with the trenching policy.

CITY ATTORNEY MATTHEW SUMMERS
- Clarified Frontier is complying in full with the trenching policy.

SPEAKERS:

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked about the time frame on the contract that has not been completed said bills are paid before contracts are completed.
- Asked on the status of section 7, noted the streets had no been completed. - Asked to make this project a priority.

PERRY PACK, BARSTOW, CALIFORNIA
- Spoke about the conditions of his street and said we need to do a better job at prioritizing the needs of the street.

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Page 6 of 15 ends

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

MINUTES ALL AGENCIES:

NONE
ACCOUNTS PAYABLE ALL AGENCIES:

NONE
CITY COUNCIL:

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

MUNICIPAL CODE ESTABLISHING ADMINISTRATIVE REMEDIES PROCEDURE FOR

CHALLENGES TO FEES, CHARGES, AND ASSESSMENTS
Recommended Action:

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

Attachments:

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

SPEAKERS:

TED WEASMA, BARSTOW, CALIFORNIA
- Spoke about which sections of the code it applies to, and asked does this ordinance serve the citizens of Barstow.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Mentioned it was not clear as to what the purpose of this ordinance is and who it benefits.

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

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

RESIDENTIAL HOUSING PROJECT LOCATED AT THE SOUTHWEST CORNER OF

RIMROCK ROAD AND HIGGINS ROAD
Recommended Action:

Staff recommends that the City Council adopt Ordinance No. 1027-2025 approving a development agreement with Lewis Land Developers, LLC for a 146-unit single family residential housing project located on the southwest corner of Rimrock Road and

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Page 7 of 15 ends

Higgins Road, as recommended by the Planning Commission at its December 9, 2024 meeting.

SPEAKERS:

MIKE HERNANDEZ, BARSTOW CALIFORNIA
- Said he was disappointed to see this builder and asked when are we getting builders with no development.

DARIN FIKSTAD, BARSTOW CALIFORNIA
- Spoke on this item and said we have to support these projects and work on incentives for the developers.

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

NONE
PUBLIC HEARINGS:

NONE
BUSINESS / ACTION ITEMS:

CITY COUNCIL:

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

Staff recommends that the Barstow Fire Protection District Board:

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

RESULT: TABLED Next: 2/18/2025 6:00 PM

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

Recommended Action:

Adopt Resolution No. 5197-2025 authorizing the renaming of the Senior Center to "Jeff L. Eason Sr. Senior Center" in honor of Jeff L. Eason Sr.,and waive the reading.

INTERIM CITY MANAGER, CHRIS HELDRETH
- Gave a presentation as file with the City Clerk's office.

MAYOR PRO TEM ROSE
- Asked if we considered renaming the thrift store.

INTERIM CITY MANAGER, CHRIS HELDRETH
- Explained the city owns the Senior Center building but the city does not own the Thrift Store building.

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Page 8 of 15 ends

CITY ATTORNEY, MATTHEW SUMMERS
- Rename this only applies to the building and not the actual business.

SPEAKERS:

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Mentioned he is in favor of renaming the center in honor of his commitment to the seniors and community.

TED WEASMA, BARSTOW, CALIFORNIA
- Mentioned he is a member of the senior center and agrees on the renaming of the building. - Suggested staff work with the board before putting any signage.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Spoke of all the good things Jeff Eason did for the center.

DISCUSSION:

MAYOR PRO TEM ROSE
- Acknowledged the family of Jeff L. Eason and spoke of all the good things he gave to the community.

COUNCIL MEMBER WILLIAM
- Thanked Jeff L. Eason Sr. for all the good he did for the community.

COUNCIL MEMBER NOBLE
- Echoed what his fellow council members said and requested staff work with the board to ensure we accommodate the placement.

MAYOR PRO TEM ROSE
- Noted she is truly sorry he is not here to see this honor and moving forward would like to see recognition of members of our community while they are still living.

COUNCIL MEMBER HERNANDEZ
- Spoke of all the good things Mr. Jeff L. Eason Sr. did all the contributions he gave to the nonprofits and how much he cared about Barstow. Thanked his family to continue his work.

MAYOR SILVA
- Expressed his condolence to the family and also asked staff that the meeting be adjourned in his honor.

MAYOR PRO TEM ROSE point of order to allow the family to come to the podium and address the council, seconded by COUNCIL MEMBER HERNANDEZ.

MR. JEFF EASON JR.
- On behalf of him and his family he thanked the council, staff, and the public for this recognition.

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

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

Recommended Action:

Staff recommends the City Council adopt Resolution No. 5198-2025, requiring the Residents’ Committee to meet monthly.

CITY ATTORNEY MATTHEW SUMMERS and CITY CLERK SERVICES MANAGER MARIBEL

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

COUNCIL MEMBER WILLIAMS
- Asked how many meetings the board had in the last year. - Asked if we violate the ordinance because the board has not met. - Noted one of the reasons he is requesting monthly meetings is so the board is aware of expenditures per month.

CITY CLERK SERVICES MANAGER, MARIBEL HERNANDEZ
- Responded they had one committee meeting in September and one was a council workshop.

CITY ATTORNEY, MATTHEW SUMMERS
- Clarified staff intends to have as many meetings as the council requires this year.

COUNCIL MEMBER HERNANDEZ
- Asked what the purpose of the monthly meeting requirement is. - Asked if there is a baseline for the expenditures.

CITY CLERK SERVICES MANAGER, MARIBEL HERNANDEZ
- Noted in the past they had issues having a quorum.

CITY ATTORNEY, MATTHEW SUMMERS
- Clarified that if the council approves this to switch to a monthly meeting the board will be expected to attend monthly.

INTERIM CITY MANAGER, CHRIS HELDRETH
- Explained that currently there is a one-year fiscal budget based on Measure Q.

FINANCE DIRECTOR, SYDNIE HARRIS
- Noted during the budget presentation there was a specific presentation for Measure Q dollars. - Mentioned in that presentation and option to purchase some needed equipment with the surplus of the funds.
- Noted the budget was adopted and that is the budget staff has been working with.

CITY ATTORNEY, MATTHEW SUMMERS
- Explained every year during the budget process the council reviews the Measure Q proposal.

INTERIM CITY MANAGER, CHRIS HELDRETH
- Clarified the funds are being spent following what was originally stated. - Noted they did an original 5-year approval but this gets amended as time goes.

MAYOR PRO TEM ROSE
- Asked Measure Q funds are being put into the general fund. - Asked where the Measure Q applications were advertised. - Asked why this was advertised as a story on social media.

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CITY CLERK SERVICES MANAGER, MARIBEL HERNANDEZ
- Noted this was advertised as a story on Instagram and Facebook.

COUNCIL MEMBER WILLIAMS
- Asked about Measure Q funds not being moved into the general fund after approval. - Asked about the $537K moved from Measure Q to General Fund.

FINANCE DIRECTOR, SYDNIE HARRIS
- Explained there is a cost allocation plan yearly movement of $508K to cover administrative costs.

MAYOR SILVA
- Asked what was the promise to the citizens regarding the duties of the Measure Q Committee.

CITY ATTORNEY MATTHEW SUMMERS
- Clarified that the committee will meet annually to review and publicly report on the expenditure of revenues generated by the Measure Q Tax.

MAYOR SILVA
- Clarified this is an oversight committee, they will not have the power to sign off on money expenditures.
- Explained their duty is to report to the public in the city and the council is spending the money as promised on the Measure Q.
- Clarified the committed signs off on the report but they do not have the power to approve, only the council has the power to approve.
- Noted transparency was the purpose of this committee.

COUNCIL MEMBER WILLIAMS
- Asked what happens if the commissioners do not agree with the expenditures.

CITY ATTORNEY MATTHEW SUMMERS
- Explained that information is forwarded to the council. - Noted council is the only elected body, the council approves the budget, and council directs staff, and the council elects what to do.

SPEAKERS:

TED WEASMA, BARSTOW, CALIFORNIA
- Expressed his concerns about the issues with the expenditures of Measure Q funds and said the council should look at the budget and decreasing of groups. - Would like to see enough time to be prepared for the meeting. - Suggested the council consider a stipend for members of the committee.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke of the recommendations, and asked why it was changed to council nominations. - Expressed his concerns on how the money is spent.
- Noted that when questions are asked there is no response from staff or council and the responses are hard to understand.

LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Asked what the cost would be going into a monthly meeting. - Noted the meeting was set quarterly because the revenue comes quarterly. - Explained the measure Q when away because no one knew what was going on because there was no voice.

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COUNCIL MEMBER WILLIAMS
- Asked what Measure Q funding is for.

CITY ATTORNEY, MATTHEW SUMMERS
- Explained Measure Q funds can be used for any purpose.

Motion by MAYOR PRO TEM ROSE seconded by COUNCIL MEMBER NOBLE and unanimously carried to go to discussion.

DISCUSSION:

MAYOR PRO TEM ROSE
- Disclarifiying bold statement that the council pays more attention to workshops. - Explained because this is a general measure it goes to the general fund, for this reason, anything spent out of Measure Q that is out of the general fund is legally spent. - Noted the council needs to prioritize and should look at those 5 things the voters said those funds can be spent on.
- Mentioned the council needs to direct the Interim City Manager to come up with a 2-year plan. - Made a statement by the Ordinance regarding committee member's appointments. - Explained the powers and duties of the committee members. - Requested a Measure Q Workshop, seconded by MAYOR SILVA. - Requested the application process to be re-opened for another month Seconded by COUNCIL MEMBER HERNANDEZ.
- Wanted this to be better advertised.
- Requested Mr. Rosenberg and Ms. Weasma to continue serving on this committee until positions are filled, Seconded by COUNCIL MEMBER WILLIAMS.

COUNCIL MEMBER WILLIAMS
- Clarified he requested this item to be transparent with the residents of Barstow.

COUNCIL MEMBER HERNANDEZ
- Noted it needs to be written down what was promised when Measure Q was presented. - Asked where was the baseline and asked for clarification on how many firefighters and police officers are been paid out of Measure Q.
- Asked why are the funds not coming in as anticipated.

MAYOR PRO TEM ROSE
- Noted under meetings in the ordinance can call for special meetings. - Would like to see a workshop every other month to discuss timelines and get updates.

CITY ATTORNEY, MATTHEW SUMMERS
- Clarified that without a motion monthly meetings for the Measure Q Committee will meet quarterly or as often as they desire.

RESULT: FAILED [0 TO 5]
NAYS: Noble, Rose, Williams, Hernandez, Silva

11. 2024 CHRISTMAS TREE LIGHTING EVENT
Recommended Action:

Receive and file.

COUNCIL MEMBER WILLIAMS
- Expressed concerns with the amount of money spent on this event.

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MAYOR PRO TEM ROSE
- Noted Barstow does deserve an event like this but would like to know who approved these expenses.
- Explained this council approved the budget but not the purchase of this Christmas tree.

INTERIM CITY MANAGER, CHRIS HELDRETH
- Clarified the reason for this event to be relocated in front of city hall.

CITY CLERK SERVICES MANAGER, MARIBEL HERNANDEZ
- Explained these funds came out from Measure Q money.

COUNCIL MEMBER HERNANDEZ
- Mentioned the money spent on the live trees and planted trees noting this was not on the list.

MAYOR PRO TEM ROSE
- Mentioned this event was done on a Friday but city hall was closed on a Friday.

INTERIM CITY MANAGER, CHRIS HELDRETH
- Clarified this event was done by public works and they are on a 9/40 schedule.

SPEAKERS:

DARIN FIKSTAD, BARSTOW, CALIFORNIA
- Expressed support for this event and spoke of events in other cities.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke on the spending authority of the City Manager, and requested a change in the purchasing policy to what it was before.
- Noted the promotional fund is being used and exploited and there needs to be a ceiling on it.

LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Mentioned the ceremony was fantastic and does not understand the reason why this is being questioned.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Would like to see a detailed printout of the last four events asked about the liability insurance, wanted to know the number of citizens that attended, and wanted to know why this event was not on a Thursday.
- Mentioned this item was brought out because the citizens want transparency.

DISCUSSION:

MAYOR PRO TEM ROSE
- Noted this was an amazing event but she does not like the way the expenditures were presented.
- Would like to see more transparency from staff.

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

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SPEAKERS:

BRANDON OBRIEN, BARSTOW, CALIFORNIA
- Representing the Route 66 museum thanked the council for allowing the grand reopening on March 22nd at 10 am and the ribbon cutting ceremony at 11 am. - Noted they are planning to have the museum open seven days a week to attract more tourists.

TERESA TANK, BARSTOW, CALIFORNIA
- Spoke on the Animal Control issues in Barstow and asked for clarification on who to call when an aggressive dog needs to be picked up.
- Asked when expenditures are going to be posted.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke of the last comments he made regarding the payment to the Marriott. - Asked about the Cannabis odor and the status of closing them down. - Noted he received a letter from code enforcement to clean his property and mentioned the length of time he got to clean it is only seven days this needs to be addressed to allow people to get enough time to clean up their properties.

TED WEASMA, BARSTOW, CALIFORNIA
- Spoke of the comments made by the City Attorney when he said the council was not in violation of the Brown Act by not listing the recommendation in the agenda. - This is more about transparency than violation of the Brown Act. - Noted Mayor Pro Tem Rose made two or three different motions they all received seconds but there were no votes.
- Commented he feels harassed by code enforcement.
- Spoke about cannabis and the odor on Lenwood Rd.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Asked for the amount the city is paying to channel 6 to televise city council and planning commission meetings.
- Noted not all of the meetings are being played on channel 6. - Mentioned there will be a vaccine clinic on the 2nd Saturday of the month, noted this is free to the public but they accept donations.
- Asked for help for the humane society to film the dogs and cats that are up for adoption. - Asked about the Cannabis Committee and wanted to know if the Rules and Policies will need to be redone.

PERRY PACK, BARSTOW, CALIFORNIA
- Announced he was excited to feed the homeless with Barstow Church of God in Christ. - Mentioned he was very interested in having a Youth Council and Senior Council for the benefit of the community.

VANESSA PACK, BARSTOW, CALIFORNIA
- Spoke of an issue with her mother's home and thanked PD for trying to assist with an intruder.

VIRGINIA BROWN, BARSTOW, CALIFORNIA
- Spoke of the FY2024/2025 Streets Update presentation and how these streets were added. - Expressed her concerns with all other streets that also need repair. - Mentioned this council is working slow on city business. - Noted this council has too many meetings to discuss the same issues over and over. - Spoke about the EMT and spoke of the purchasing limits.

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STAFF REPORTS:

FIRE CHIEF, CORY CISNEROS
- Spoke of the fires and said they assisted remotely
- Mentioned homeless individuals are setting fires.

INTERIM POLICE CHIEF, DANIEL ARTHUR
- Explained the Police Department does assist Code Enforcement when requested. - Spoke about the issues with Stater Brothers Shopping Center mentioned the Police Department has contacted the business within the complex, and officers working that beat are in communication with each other.
- Noted they had responded to about 15 calls for service and about 16 proactive calls, they had made 6 arrests.
- Explained to citizens their concerns about loose dogs, the Police Department only picks up aggressive dogs.
- Noted they do respond if the owner can be identified and they will take any appropriate action they can at the time.
- Mentioned after February 11 they will have an Animal Control Officer to assist with those calls. - Mentioned next Monday, February 10 from 5-9 PM they will have a fundraiser at Chili’s for the Baker to Vegas team.

MAYOR SILVA called for a recess at 10:32 P.M.

MAYOR SILVA called back to order the meeting at 10:38 P.M. with all members present.

COUNCIL COMMITTEE REPORTS:

COUNCIL MEMBER HERNANDEZ
- Will be attending the SCAG meeting on February 6th.
- Mojave Air Quality Meeting on February 24th.
- Street Committee Meeting February 5th at 5 pm.

COUNCIL MEMBER NOBLE
- Will be attending Military Affairs on February 11th at 8 pm at Los Domingos. - The next VVTA meeting will be on February 17th meeting here in Barstow.

MAYOR PRO TEM ROSE
- Attended Rules and Policy Committee on January 28th to review the Tobacco Retail Ordinance, this Ordinance should be presented to the council on February 18th. They also spoke about a new policy regarding the Closed Session materials. They also will be discussing the Community Benefits policy and the Community Promotional Fund. They are also working on the Council Handbook and would like to see the new Council getting the Council Handbook. - The next Rules and Policy meeting will be on February 25th. - Homeward Bound will be meeting on February 13th at 5 PM. Mentioned they are still looking for donations of rolls of quarters.

COUNCIL MEMBER WILLIAMS
- None

MAYOR SILVA
- Attended SBCTA on Wednesdays.
- Will be attending the Street Committee Meeting.

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BUSINESS OF THE COUNCIL:

COUNCIL MEMBER HERNANDEZ
- Expressed her concern with the lack of accounts payable and would like to see it on the next agenda
- Spoke about the need for the wastewater committee to keep track of their needs. - Noted she is concerned about how the BIG project will affect our WWTP. - Motioned to create a Wastewater Committee, seconded by COUNCIL MEMBER WILLIAMS. - Asked for an update on Cannabis odor.
- Requested to add an agenda item to discuss overpayment to the Marriott, seconded by MAYOR SILVA

INTERIM CITY MANAGER, CHRIS HELDRETH
- Said legal has issued a 30-day notice of revocation of the Redevelopment Agreement. - Expecting a hearing on March 17.

COUNCIL MEMBER NOBLE
- Asked that information on Animal Control be placed on the city's website and channel 6 and what is the process.
- Would like to see a status on the Cannabis odor issue. - Mentioned would like to see a youth council and senior council. - Thanked the Police Department, the Fire Department, and Staff for all they do.

MAYOR PRO TEM ROSE
- Reminded everyone of the meeting time.

COUNCIL MEMBER WILLIAMS
- Would be having a community town hall meeting on Feb 19th

MAYOR SILVA
- Stated regarding the Youth Council direction was given to staff in the last Council Meeting. - Spoke about the senior council.
- Asked to bring back to rearrange the agenda to put Staff Reports after Business of the Council, seconded by MAYOR PRO TEM ROSE.
- Explained that when they give direction the reason there is no vote is that direction is not on the agenda, the council just needs a second to give direction to staff.

ADJOURNMENT:

By the consensus of the council and without objection, this meeting will be adjourned at 10:52 p.m. in memory of Jeff Eason Sr. per Barstow Municipal Code 2.04.020 the next meeting will be moved to Tuesday, February 18th, 2025. City Hall will be closed on Monday, February 17th, 2025 in observance of President Day.

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Packet Pg. 135 Attachment: 02 03 25 Minutes Final AF (5919 : Minutes Joint Special Meeting February 3, 2025 5:30 P.M.) Regular Meeting
03/17/25 05:30 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5920

AGENDA ITEM
AGENDA MATTER:

MINUTES REGULAR MEETING - FEBRUARY 11, 2025, AT 5:30 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
10 Packet Pg. 136

SPECIAL MEETING

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
FEBRUARY 11, 2025
5:30 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

SPECIAL MEETING
Minutes-February 11, 2025

Page 1 of 5 ends

CALL TO ORDER - SPECIAL MEETING 5:30 PM
MAYOR SILVA called the Special meeting to order at 5:30 P.M.

INVOCATION:

COUNCIL MEMBER JAMES NOBLE gave the invocation.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER CARMEN HERNANDEZ led in the invocation.

ROLL CALL:

Attendee Name Title Status Arrived
James M. Noble Council Member Present
Barbara Mae Rose Mayor Pro Tem Present
John Williams Council Member Present
Carmen Hernandez Council Member Present
Timothy Silva Mayor Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING

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

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

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

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

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

1. MEASURE Q WORKSHOP
Recommended Action:

Receive Public Comment and Direct Future Agenda Items for Council Consideration as Desired.

Presentation only. Public Comment will be taken.

FINANCE DIRECTOR SYDNIE HARRIS and FIRE CHIEF CORY CISNEROS - Presented the staff report as filed with the City Clerk's office.

COUNCIL MEMBER WILLIAMS
- Asked for a breakdown of the $508K per item.
- Asked for an explanation for the over-expenditure of $3M. - Asked why the General Fund and Measure Q Fund are breaking down.

FINANCE DIRECTOR, SYDNIE HARRIS
- Responded to Council Member Williams's concerns.
- Clarified they have 8 officers coming out of Measure Q.

COUNCIL MEMBER NOBLE
- Asked about the improvements and purchase of Stringham Park. - Asked about the status of the veteran's wall.

COUNCIL MEMBER WILLIAMS
- Noted there is a veterans wall on the field.
- Mentioned past council lost $8M dollars park because they did not want to spend $300,000 to purchase that park.

FINANCE DIRECTOR, SYDNIE HARRIS
- Clarified the animal control officer will be part of the general fund.

MAYOR PRO-TEM ROSE
- Asked if staff had met with the Senior Center to speak to them about the process to obtain Measure Q Funds.
- Would like to make aware the youth sports of funds available to them.

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COUNCIL MEMBER HERNANDEZ
- Asked when the budget for the Senior Center was created. - Would like to advertise on channel six the Senior Center's meetings to make all seniors aware of the possibilities and services.
- Would like to know the revenues against the expenditures of the Harvey House.

FINANCE DIRECTOR, SYDNIE HARRIS
- Clarified staff started a process to participate in the Senior Center meetings to facilitate some of the needs they have.
- Clarified other city's services refers to cost allocation for risk management at the Harvey House.

COUNCIL MEMBER WILLIAMS
- Mentioned there were spent from Measure Q $13M on Police $19M on Fire, and $4M on streets.

MAYOR PRO TEM ROSE
- Asked if the renovations at city hall were made out of Measure Q. - Asked why the Harvey House is being funded out of Measure Q.

FINANCE DIRECTOR, SYDNIE HARRIS
- Clarified she was instructed to do this during the fiscal year.

MAYOR SILVA
- Noted he requested to bring the Youth Council back and asked if the process had been started.

INTERIM CITY MANAGER, CHRIS HELDRETH
- Would like to see the council members more involved in the budget process. - Clarified staff is already working on this item.

SPEAKERS:

TED WEASMA, BARSTOW, CALIFORNIA
- Expressed concerns with the presentation.
- Noted every time they hire a person under Measure Q the fund gets tied up so there will not be money left for anything else.
- Does not believe the distribution of funds from Measure Q has been fair. - Wants to see the Fire Department be made a priority.
- Doesn’t want to see trees cut out unless it is a hazard. - Would like to get away with the desert landscape.
- Would like to see a neighborhood watch back.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Would like to know how much is being spent on the Fire Department, Police, the Youth, and Streets.
- Has concerns with the amount of money being spent.
- Noted he is concerned staff might not be telling the truth. - Would like to be part of the discussion.

VIRGINIA BROWN, BARSTOW, CALIFORNIA
- Expressed concerns with the amount of time the council spent on this item asking questions and the amount of time given to the citizens to ask questions.

ANA FUZIE, BARSTOW SENIOR CENTER.
- Mentioned she was disappointed she thought this was more like a workshop. - Asked how to apply for Measure Q Funds.
- Will like to see more hands-on workshops to be able to ask more questions.

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RESULT: PRESENTATION ONLY
COUNCIL COMMENTS:

MAYOR PRO TEM ROSE
- Would like to see a workshop on how to apply for Measure Q Funds. - Would like to see instructions on how to apply on the city's website. - Would like to see streamline the meeting a little differently to allow the citizens to ask their questions.
- Requested the packets be available to the public.
- Thanked staff for putting this meeting together.

MAYOR SILVA
- Mentioned this meeting was run by the rules of order.

MAYOR SILVA adjourned the Special Meeting at 8:34 P.M.

CALL TO ORDER - CLOSED SESSION (immediately following adjournment of the Special Meeting):

MAYOR SILVA called the Close Session to order at 8:34 P.M. with all members present.

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

SPEAKERS:

TED WEASMA, BARSTOW, CALIFORNIA
- Spoke on Items 3 & 4.
- Expressed his concerns with the recommended actions not being clear on the agenda items.

MARSHA WEASMA, BARSTOW, CALIFORNIA
- Spoke on Items 3 & 4.
- Expressed her concerns with the recommended actions not being clear on the agenda items. - Requested the council check on employee records to eliminate problems with staff and clean house.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Spoke on items 2, 3, & 4.
- Noted these items were on past agendas and no solutions were made. - Asked when they will report on these agenda items.

VIRGINIA BROWN, BARSTOW, CALIFORNIA
- Spoke on items 2, 3, & 4.
- Expressed there was not enough time to speak on all these items in under three minutes. - Mentioned they keep on speaking on the same issues and asked for resolutions on these matters. - Noted she is excited to see who will they appoint as city manager.

MOTION TO GO INTO CLOSED SESSION:

MAYOR SILVA
- Noted Report of closed session will be given at the next regular meeting.

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

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

Conference with Legal Counsel; Anticipated Litigation
Pursuant to Government Code Section 54956.9(d)(2) & (e)(1), a point has been reached where, in the opinion of the City Council, on the advice of its legal counsel, based on the belowdescribed existing facts and circumstances, there is a significant exposure to litigation against the City. Facts and circumstances that might result in litigation but which the City believes are not yet known to potential plaintiff or plaintiffs. (Government Code Section 54956.9(e)(1)) Number of Potential Cases: 1

3. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: Interim City Manager, Public Safety Director, Police Chief

4. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: City Manager
REPORT OF CLOSED SESSION:

ADJOURNMENT:

By the consensus of the City Council and without objection the Close Session meeting was adjourned at 10:42 P.M.

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Packet Pg. 141 Attachment: 02 11 2025 Minutes Final AF (5920 : Minutes Regular Meeting February 11, 2025 5:30 P.M.) Regular Meeting
03/17/25 05:30 PM
City Manager Department
Matthew Summers
Ordinance
Doc ID: 5930

AGENDA ITEM
AGENDA MATTER:

FIRST READING AND INTRODUCTION OF AN ORDINANCE OF THE CITY OF BARSTOW ADDING CHAPTER 5.55 TO TITLE 5 REGARDING TOBACCO RETAILER REGISTRATION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW TO AMEND THE FY 2024/25 MASTER FEES

SCHEDULE TO INCLUDE A REGULATORY PERMIT FEE FOR TOBACCO RETAILERS EXECUTIVE SUMMARY:

The proposed ordinance requires registration of tobacco retailers and amending the Barstow Municipal Code to add a new chapter 5.55. This item includes an amendment to the Master Fees Schedule to add a tobacco retailer regulatory permit fee.

DISCUSSION:

At the October 7, 2024, the City Council referred this ordinance to the Rules and Policy Committee for consideration and to provide recommendations to the City Council.

At the January 28, 2025 meeting, the Committee requested the following changes to the draft ordinance:
• Add page numbers
• Add “City Manager or designee”
• Grandfather clause for existing businesses to have time to apply from their existing locations for 180 days after the effective date of the ordinance. Once the 180 days expires, businesses operating at a location in violation of the buffers could not obtain a tobacco retailer permit. A business operating from a grandfathered location also could not sell their business/permit to another location as the permits are not transferrable.
• Add that fees are to be set by a resolution of the city council • Fix typos
On February 25, 2025, the Rule and Policy Committee finalized their feedback for the City Council on this ordinance for consideration, which is captured in the redline enclosed as Attachment 1. A clean copy is attached as Attachment 2.

This ordinance requires an amendment to the Master Fees Resolution to add the regulatory permit fee.

The fee study for this permit is enclosed as Attachment 3. An amendment to the Master Fees Resolution is enclosed as Attachment 4.

After consultation with the Acting Police Chief and Acting City Manager, staff is also recommended to strike a mandatory requirement on the number of inspections required to allow the Police Department the flexibility to administer the enforcement program for these businesses similar to the sales of alcohol to minors and based on available resources.
11 Packet Pg. 142
Regular Meeting
03/17/25 05:30 PM
City Manager Department
Matthew Summers
Ordinance
Doc ID: 5930

AGENDA ITEM
Background
The purpose of a tobacco retail registration ordinance is to give local officials an effective way to enforce state laws prohibiting the sale of tobacco to minors. The goal of the ordinance is to reduce underage use of tobacco products by limiting access without burdening local retailers. Furthermore, the ordinance will not penalize legitimate business activities of retailers who sell tobacco products to adults over twenty-one (21) years of age. While state and federal laws exist to regulate tobacco sales, enforcement is often lacking, requiring local agencies to conduct such enforcement.

The proposed ordinance will require retailers to register with the City to sell tobacco products or tobacco paraphernalia. Registration will be required annually, and the city has discretion to set a registration fee or not charge a fee at all. It will be unlawful for any retailer to sell tobacco products without current registration. State and federal law prohibits the sale of tobacco products to persons under twenty-one years old, and requires retailers to check the identification of all customers attempting to purchase tobacco products. Since December 20, 2019, there is no longer an exemption for sale to military personnel under the age of 21.

The ordinance establishes policies and procedures for the regular monitoring of tobacco retailers by the law enforcement, including the use of minors for sting operations. Any retailer who is found to be in violation of the ordinance and state law prohibiting the sale of tobacco to minors may be fined a minimum of $1,000 and will have their registration (and, thus, their right to sell tobacco) revoked for a specified period of time.

Attachment 1 - Redline - Ordinance adding Chapter 5.55 to Title 5 (Tobacco Retailer Registration) Attachment 2 - Clean Version - Ordinance adding Chapter 5.55 to Title 5 (Tobacco Retailer Registration) Attachment 3 - Fee study for regulatory permit Attachment 4 - Master Fees Resolution FISCAL IMPACT:

The implementation of the proposed tobacco retailer licensure will involve some costs to the city associated with creating application forms, receiving and processing applications, and issuing registrations or denying applications, but these costs can be largely, if not wholly, offset by application fees. The cost of enforcement will involve costs to the city, but these costs can be largely, if not wholly, offset by a combination of application fees and civil penalties collected from enforcement.

RECOMMENDED ACTION:

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ORDINANCE NO. -2025

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BARSTOW ADDING CHAPTER 5.55 TO TITLE 5 OF THE BARSTOW MUNICIPAL CODE

REGARDING TOBACCO RETAILER REGISTRATION
WHEREAS, the State Planning and Zoning Law (Government Code Sections 65000, et seq.) broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public health, safety, and welfare, and a balancing of property rights and the desires of the community and how its citizens envision their city; and
WHEREAS, the City adopted Ordinance No. 969-2021 – City of Barstow Smoking Pollution Control Ordinance - to prohibit smoking and consumption of any and all kinds of cigarettes, cigars, pipes, all forms of vapes (including water based), water pipes, electronic cigarettes, and any other form of smoking in the places specified therein based upon its grave concerns about use of tobacco products; and WHEREAS, California voters approved Proposition 31 at the November 2022 election, which banned most sales of flavored tobacco products and tobacco product flavor enhancers. The ban went into effect on January 1, 2023; and WHEREAS, Proposition 31 does not preempt or otherwise prohibit the adoption of a local ordinance that imposes greater restrictions on the access to tobacco products than the restrictions imposed by Proposition 31; and
WHEREAS, approximately 480,000 people die in the United States from tobaccorelated diseases every year, making it the nation’s leading cause of preventable death; and
WHEREAS, pursuant to the City of Barstow’s police power, as granted under Article XI, section 7 of the California Constitution, the City Council of the City has the authority to enact and enforce ordinances and regulations for public health, safety, and welfare; and WHEREAS, pursuant to its police powers, the City has the authority to regulate the sale of tobacco products in the City; and
WHEREAS, in order to protect public health, safety, and welfare, the City Council desires to adopt an ordinance that will regulate tobacco retailers and tobacco products.

NOW THEREFORE, the City Council of the City of Barstow does ordain as follows:

SECTION 1. Municipal Code Amendment. A new Chapter 5.55 titled “Tobacco Retailer Registration Ordinance” is added to Title 5 of the Barstow Municipal Code

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to read as follows:

CHAPTER 5.55. TOBACCO RETAILER REGISTRATION ORDINANCE
Sec. 5.55.010. Title.

This chapter is known and may be cited as the “Tobacco Retailer Registration Ordinance” of the City of Barstow.

Sec. 5.55.020. Purpose and intent.

The purpose of this chapter is to regulate the retail sale of tobacco, tobacco products, and tobacco paraphernalia in the City so as to promote the public health, safety, and welfare of the city’s citizens. Nothing in this chapter shall preempt or make inapplicable any provision of state or federal law.

Sec. 5.55.030. Definitions.

The following words, terms, and phrases, whenever used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Arm's length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm's length transaction. "City manager” means the City Manager of Barstow or their designee. “Department” means community development department, and any other agency or person tasked by the city manager of the city with enforcement of this chapter. “Director” and “community development director” mean the community development director of the city and any other person tasked by the city manager of the city with enforcement of this chapter.
“Electronic cigarette” means any of the following products:
(1) Any device or delivery system that can be used to deliver nicotine or flavored or unflavored tobacco products in aerosolized or vaporized form, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. (2) Any component, part, or accessory of such a device or delivery system that is used during its operation.
(3) Any flavored or unflavored liquid or substance containing nicotine, whether sold separately or sold in combination with any device or delivery system that could be used to deliver nicotine in aerosolized or vaporized form.

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(4) Any product for use in an electronic nicotine device or delivery system whether or not it contains nicotine or tobacco or is derived from nicotine or tobacco. (5) “Electronic cigarette” does not include any battery, battery charger, carrying case, or other accessory not used in the operation of the device if sold separately. “Electronic cigarette” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where that product is marketed and sold solely for such approved use. As used in this subsection, “nicotine” does not include any food products as that term is defined pursuant to Section 6359 of the California Revenue and Taxation Code. “Flavored tobacco product” means any tobacco product that contains a constituent that imparts a characterizing flavor.
“Person” includes an individual, a corporation, limited liability company, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, and all other legal or commercial entities. “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten (10) percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or shares ultimate control over the day-to-day operations of a business. “Self-service display” means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-toperson transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.
“Smoking” means possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind) and also means the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or cigarette of anykind). “Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products. “Tobacco paraphernalia” does not include lighters, matches, or ashtrays. “Tobacco product” means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, shisha tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise

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distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
“Tobacco retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia. “Tobacco retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.

Sec. 5.55.040. Requirements and prohibitions.
(a) Tobacco Retailer Registration Required. It shall be unlawful for any person to act as a tobacco retailer in the city without first obtaining and maintaining a valid tobacco retailer's registration pursuant to this chapter for each location at which tobacco retailing is to occur.
(b) Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a registration issued, it shall be a violation of this chapter for a registered tobacco retailer, or any of the registered tobacco retailer's agents or employees, to violate any local, state, or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.
(c) Display of Registration. Each tobacco retailer registration shall be prominently displayed in a publicly visible location at the registered location. (d) Positive Identification Required. No person engaged in tobacco retailing shall sell, give, or transfer a tobacco product or tobacco paraphernalia to another person without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco product or tobacco paraphernalia.
(e) Minimum Age for Persons Selling Tobacco. No person who is younger than the minimum age established by state law for the purchase of tobacco products shall engage in tobacco retailing.
(f) Self-Service Displays Prohibited. Tobacco retailing by means of a self-service display is prohibited.
(g) False and Misleading Advertising Prohibited. Any person without a valid tobacco retailer registration, including, for example, a person whose registration has been revoked:
(1) Shall keep all tobacco products and tobacco paraphernalia out of public view.

The public display of tobacco products or tobacco paraphernalia in violationof

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this provision shall constitute tobacco retailing without a registration under Section 5.55.130. This subsection does not prohibit an individual’s personal consumption of tobacco or tobacco products or personal use of tobacco paraphernalia in accordance with local, state, and federal laws; and (2) Shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the tobacco retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location.
(h) Sales of Electronic Cigarette Products Prohibited. No tobacco retailer shall sell or distribute any electronic cigarette in retail establishments located within the city, including any non-flavored, mint, menthol, or flavored electronic cigarette product.

Sec. 5.55.050. Limits on eligibility for a tobacco retailer registration. (a) No registration may be issued to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot or from vehicles is prohibited.
(b) No registration may be issued, and no existing registration may be renewed, to authorize tobacco retailing within five hundred (500) feet of any youth-serving facility, including, but not limited to, any playground, park, library, childcare facility, preschool, and private or public primary, secondary, or high school located in the city, measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located.
(c) No registration may be issued, and no existing registration may be renewed, to authorize tobacco retailing in a pharmacy or retail establishment that also has a pharmacy on premises.
(d) No registration may be issued, and no existing registration may be renewed, to authorize tobacco retailing within five hundred (500) feet of a tobacco retailer location already registered pursuant to this chapter, as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located.
(d)(e) Tobacco retailers in existence as of the effective date of this chapter may apply for a tobacco retailer registration without regard for the location requirements in this section for one-hundred and eighty (180) days from the effective date of this chapter if the tobacco retailer holds an active business license and all taxes and fees are current as of the effective date of this chapter.

Sec. 5.55.060. Application Procedure.
(a) Application for a tobacco retailer's registration shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof.

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It is the responsibility of each proprietor to be informed regarding of all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer's registration. No person may rely on the issuance of a registration as a determination by the city that the proprietor has complied with all laws applicable to tobacco retailing. A registration issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 5.55.120(D) of this chapter. Nothing in this chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer's registration any status or right to act as a tobacco retailer in contravention of any provision of law.

All applications shall be submitted on a form supplied by the Department and shall contain the following information:
(1) The name, address, and telephone number of each proprietor of the business seeking a registration.
(2) The business name, physical address, and telephone number of the single, fixed location for which a registration is sought.
(3) A single name and mailing address authorized by each proprietor to receive all communications and notices (the "Authorized Address") required by, authorized by, or convenient to the enforcement of this chapter. If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph 2 above. (4) Proof that the location for which a tobacco retailer's registration is sought has been issued a valid state tobacco retailer's license by the California State Board of Equalization.
(5) Whether or not any proprietor or any agent or employee of the proprietor has admitted violating, or has been found to have violated, this chapter and, if so, the dates and locations of all such violations within the previous five years. (6) Such other information as the Department deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section.
(b) A registered tobacco retailer shall inform the Department in writing of any change in the information submitted on an application for a tobacco retailer's registration within ten (10) business days of a change.
(c) All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code section 7920.000, et seq.) or any other applicable law, subject to the laws'

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exemptions.
(d) Applications for a tobacco retailer permit shall include a non-refundable application fee in an amount established by resolution of the city council to reimburse the city for staff time required to evaluate the application, establish conditions of approval, and to monitor the permitted activity.

Sec. 5.55.070. Issuance of registration.

Upon the receipt of a complete application for a tobacco retailer's registration and any application fee set by the Departmenta resolution of the city council, the Department shall issue a registration unless substantial evidence demonstrates that one or more of the following bases for denial exists:
(a) The information presented in the application is inaccurate, false, or misleading.

Intentionally supplying inaccurate, false, or misleading information shall be a violation of this chapter.
(b) The application seeks authorization for tobacco retailing at a location for which this chapter prohibits issuance of tobacco retailer registrations. (c) The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a registration to be issued.
(d) The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter (e.g., mobile vending)], that is unlawful pursuant to this code, or that is unlawful pursuant to any other law.

Sec. 5.55.080. Registration renewal and expiration.
(a) Renewal of Registration. A tobacco retailer's registration is invalid if its term has expired. The term of a tobacco retailer registration is one year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer's registration no earlier than ninety (90) days and no later than thirty (30) days prior to expiration of the term. Except as otherwise provided in this section, the application process set forth in Section 5.55.060 and the registration issuance process set forth in Section

5.55.070 apply to renewal registration applications.
(b) Expiration of Registration. A tobacco retailer's registration that is not timely renewed shall expire at the end of its term. To renew a registration not timely renewed pursuant to subparagraph A, the proprietor must:
(1) Submit the registration application renewal form and any associated renewal application fees; and
(2) Submit a signed affidavit affirming that the proprietor:

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(i) Has not sold and will not sell any tobacco product or tobacco paraphernalia after the registration expiration date and before the registration is renewed; or
(ii) Has waited the appropriate ineligibility period established for tobacco retailing without a registration, as set forth in Section 5.55.130(A) of this chapter, before seeking renewal of the registration.

Sec. 5.55.090. Registration nontransferable.
(a) A tobacco retailer's registration may not be assigned or otherwise transferred from one person to another or from one location to another. A new tobacco retailer's registration is required to accomplish either change.
(b) Notwithstanding any other provision of this chapter, prior violations of this chapter at a location shall continue to be counted against a location and registration ineligibility periods shall continue to apply to a location unless:
(1) The location has been fully transferred to a new proprietor or fully transferred to entirely new proprietors; and
(2) The new proprietor(s) provide the city with clear and convincing evidence that the new proprietor(s) have acquired or is acquiring the location in an arm's length transaction.

Sec. 5.55.100. Registration conveys a limited, conditional privilege.

Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer's registration any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the city identified on the face of the registration. For example, nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this code, including without limitation chapter 6.40 and title 19, and any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code section 6404.5. For example, obtaining a tobacco retailer registration does not make the retailer a "retail or wholesale tobacco shop" for the purposes of California Labor Code section 6404.5.

Sec. 5.55.110. Compliance monitoring.
(a) Compliance with this chapter shall be monitored by the Department. In addition, any peace officer may enforce the penal provisions of this chapter. The city may designate any number of additional persons to monitor compliance with this chapter.
(b) The Department or other person designated to enforce the provisions of this chapter should check the compliance of each tobacco retailer at least three times per twelve-month period. The Department may check the compliance of tobacco

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retailers previously found to be in compliance a fewer number of times so that the Department may check the compliance of new registrations and tobacco retailers previously found in violation of the registration law more frequently. Nothing in this paragraph shall create a right of action in any registered tobacco retailer or other person against the city or its agents.
(c)(b) Compliance checks shall be conducted so as to allow the Department to determine, at a minimum, if a tobacco retailer is complying with laws regulating youth access to tobacco. When the Department deems appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing.
(d)(c) The city shall not enforce any law establishing a minimum age for tobacco purchases or possession against a person who otherwise might be in violation of such law because of the person's age (hereinafter "Youth Decoy") if the potential violation occurs when:
(a) The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the city;
(b) The youth decoy is acting as an agent of a person designated by the city to monitor compliance with this chapter; or
(c) The youth decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the city or the California Department of Health Care Services.

Sec. 5.55.120. Revocation of registration.
(a) Revocation of Registration for Violation.
(1) All registrations issued hereunder, shall operate in compliance with Chapter

5.55, this Code, and all the laws of the state and of the United States of America relating to tobacco retailing. Upon failure to comply, any and all registrations issued hereunder may be revoked by the city manager, subject to the provisions of subsection (a)(2) of this section.

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jurisdiction has found that the registrant has violated the requirements of this chapter or has pleaded guilty or no contest to a violation of Chapter 5.55. Any registration issued for a tobacco retailer which is found to be conducting retail sales in a manner adverse to the public health, welfare and safety; or
(1)c. operating in violation of this chapter, this Code, or state or federal law. may be revoked by the city manager at any time.
(2)(3) Prior to any revocation of a registration, the city manager shall, by their order, give the retailer 15-days’ notice of intent to revoke such registration.

Within 15 days after any such order, the licensee may request to appeal and show cause before the city council why such license should not be revoked.

Such hearing shall be scheduled at the next regular council meeting, or with five or more days’ notice to appellant at a special council meeting. Upon the failure of the retailer to appear at such meeting, or, if after appearance and hearing before the council, the council shall find good and sufficient cause for revocation, the registration shall be revoked.
(3)(4) If such an appeal is made, it shall stay enforcement of the appealed action.

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(b) New Registration at a Location After Revocation.
(1) After revocation for a first violation of this chapter at a location, no new registration may be issued for that location until three (3) months have passed from the date of revocation.
(2) After revocation for a second violation of this chapter at a location within any sixty-month period, no new registration may be issued for that location until six (6) months have passed from the date of second revocation. (3) After revocation for a third violation of this chapter at a location within any sixty-month period, no new registration may be issued for that location until one (1) year has passed from the date of third revocation. (4) After revocation for four (4) or more violations of this chapter at a location within any sixty-month period, no new registration may be issued for the location until five (5) years have passed from the date of fourth or subsequent revocation.
(c) Revocation of Registration Wrongly Issued. A tobacco retailer's registration shall be revoked if the Department finds, after the registered tobacco retailer is afforded notice and an opportunity to be heard, that one (1) or more of the bases for denial of a registration under Section 5.55.070 existed at the time application was made or at any time before the registration issued. The decision by the Department shall be the final decision of the city and not subject to administrative appeal. Such a revocation shall be without prejudice to the filing of a new registration application.
(d) Notice of Revocation. Upon a final determination by the city to revoke a tobacco retailer's registration under this chapter, the tobacco retailer shall prominently display notice of the revocation in a form specified by the city manager at the previously registered location of tobacco sales for the length of time the registration is revoked. A final determination by the city to revoke a tobacco retailer’s registration occurs when:
(1) A tobacco retailer fails to timely appeal a revocation as provided in Section

5.55.120.C; or
(2) The city makes a revocation determination under Section 5.55.120.D. that is not subject to appeal.

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(1) After a first violation of this section, no new registration may be issued for the person or the location in violation (unless ownership of the business at the location has been transferred in an arm's length transaction) until thirty (30) days have passed from the date of the first violation.
(2) After a second violation of this section within any sixty-month-period, no new registration may be issued for the person or the location in violation (unless ownership of the business at the location has been transferred in an arm's length transaction) until ninety (90) days have passed from the date of the second violation.
(3) After of a third or subsequent violation of this section within any sixty-monthperiod, no new registration may be issued for the person or the location in violation (unless ownership of the business at the location has been transferred in an arm's length transaction) until five (5) years have passed from the date of the third violation.
(b) For the purposes of the civil remedies provided in this chapter:
(1) Each day on which a tobacco product or tobacco paraphernalia is sold, offered for sale, exchanged, or offered for exchange in violation of this chapter shall constitute a separate violation of this chapter.
(2) Each individual retail tobacco product and each individual retail item of tobacco paraphernalia that is distributed, sold, exchanged, or offered for sale or exchange in violation of this chapter shall constitute a separate violation of this chapter.

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(e) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. (f) Violations of this chapter are hereby declared to be public nuisances. (g) In addition to other remedies provided by this chapter, by another provision of this code, or by other law, any violation of this chapter may be remedied by a civil action brought by the city attorney, including, for example, but without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. (h) The city manager shall annually report to the city council regarding the enforcement of this chapter in the prior year. The report shall include: (i) the number of tobacco retailers found to have violated this chapter; (ii) the number of compliance checks taken with respect to each tobacco retailer under Section

5.55.110, (iii) the cost to the city of enforcement of this chapter, and (iv) whether additional enforcement funds are needed and, if so, whether the city manager recommends those funds be derived from the city's general fund, fees imposed for the issuance of registrations under this chapter, or the proceeds of fines and penalties paid to the city under this chapter.

Sec. 5.55.150. Other Laws.

This chapter does not intend and shall not be interpreted to regulate any conduct where the regulation of such conduct has been preempted by the United States or the State of California.

SECTION 2. Severability. If any provision, section, subsection, paragraph, sentence, clause, or word of this Ordinance, or the application thereof to any person or circumstance, is rendered or declared invalid or unenforceable by any court of competent jurisdiction, the remaining provisions, sections, subsections paragraphs, sentences, clauses, or words of this Ordinance, and their application to other persons or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this Ordinance are severable.

SECTION 3. Effective Date. This ordinance shall take effect thirty days after adoption as provided by Government Code 36937. The City Clerk shall cause this Ordinance to be published in accordance with California Government Code Section 36933.

SECTION 4. Inconsistencies. Any provision of the City’s Municipal Code or appendices thereto that are inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby modified to the extent necessary to effect the provisions of this Ordinance.

SECTION 5. CEQA. The City Council finds the adoption of this ordinance is exempt from

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review under the California Environmental Quality Act because it relates to an administrative matter. (CEQA Guidelines, 14 Cal. Code of Regulations, Section 15061(b)(3) and 15378(b)(5). 15061(b)(2), 15307-15308.

SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the City Council.

PASSED, APPROVED AND ADOPTED this day of , 20 .

ATTEST:

Timothy Silva, Mayor
Andrea Flores, City Clerk
APPROVED AS TO FORM:

Matthew Summers, City Attorney
I, Andrea Flores, City Clerk for the City of Barstow, California, and ex-officio Clerk of the City Council, do hereby certify under penalty of perjury that the foregoing is a true and correct copy of Ordinance No. -2025, which was introduced at a regular meeting of the City Council of the City of Barstow held on the day of , 20 , and adopted at the regular meeting of the City Council of the City of Barstow on the day of 20 , by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Andrea Flores, City Clerk

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ORDINANCE NO. -2025

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BARSTOW ADDING CHAPTER 5.55 TO TITLE 5 OF THE BARSTOW MUNICIPAL CODE

NOW THEREFORE, the City Council of the City of Barstow does ordain as follows:

SECTION 1. Municipal Code Amendment. A new Chapter 5.55 titled “Tobacco Retailer Registration Ordinance” is added to Title 5 of the Barstow Municipal Code

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to read as follows:

CHAPTER 5.55. TOBACCO RETAILER REGISTRATION ORDINANCE
Sec. 5.55.010. Title.

This chapter is known and may be cited as the “Tobacco Retailer Registration Ordinance” of the City of Barstow.

Sec. 5.55.020. Purpose and intent.

Sec. 5.55.030. Definitions.

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(4) Any product for use in an electronic nicotine device or delivery system whether or not it contains nicotine or tobacco or is derived from nicotine or tobacco. (5) “Electronic cigarette” does not include any battery, battery charger, carrying case, or other accessory not used in the operation of the device if sold separately. “Electronic cigarette” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where that product is marketed and sold solely for such approved use. As used in this subsection, “nicotine” does not include any food products as that term is defined pursuant to Section 6359 of the California Revenue and Taxation Code. “Flavored tobacco product” means any tobacco product that contains a constituent that imparts a characterizing flavor.
“Person” includes an individual, a corporation, limited liability company, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, and all other legal or commercial entities. “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten (10) percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or shares ultimate control over the day-to-day operations of a business. “Self-service display” means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-toperson transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.
“Smoking” means possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind) and also means the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or cigarette of any kind). “Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products. “Tobacco paraphernalia” does not include lighters, matches, or ashtrays. “Tobacco product” means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, shisha tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise

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distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
“Tobacco retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia. “Tobacco retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.

The public display of tobacco products or tobacco paraphernalia in violation of

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this provision shall constitute tobacco retailing without a registration under Section 5.55.130. This subsection does not prohibit an individual’s personal consumption of tobacco or tobacco products or personal use of tobacco paraphernalia in accordance with local, state, and federal laws; and (2) Shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the tobacco retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location.
(h) Sales of Electronic Cigarette Products Prohibited. No tobacco retailer shall sell or distribute any electronic cigarette in retail establishments located within the city, including any non-flavored, mint, menthol, or flavored electronic cigarette product.

Sec. 5.55.050. Limits on eligibility for a tobacco retailer registration. (a) No registration may be issued to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot or from vehicles is prohibited.
(b) No registration may be issued, and no existing registration may be renewed, to authorize tobacco retailing within five hundred (500) feet of any youth-serving facility, including, but not limited to, any playground, park, library, childcare facility, preschool, and private or public primary, secondary, or high school located in the city, measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located.
(c) No registration may be issued, and no existing registration may be renewed, to authorize tobacco retailing in a pharmacy or retail establishment that also has a pharmacy on premises.
(d) No registration may be issued, and no existing registration may be renewed, to authorize tobacco retailing within five hundred (500) feet of a tobacco retailer location already registered pursuant to this chapter, as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located.
(e) Tobacco retailers in existence as of the effective date of this chapter may apply for a tobacco retailer registration without regard for the location requirements in this section for one-hundred and eighty (180) days from the effective date of this chapter if the tobacco retailer holds an active business license and all taxes and fees are current as of the effective date of this chapter.

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It is the responsibility of each proprietor to be informed of all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer's registration. No person may rely on the issuance of a registration as a determination by the city that the proprietor has complied with all laws applicable to tobacco retailing. A registration issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 5.55.120(D) of this chapter. Nothing in this chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer's registration any status or right to act as a tobacco retailer in contravention of any provision of law.

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exemptions.
(d) Applications for a tobacco retailer permit shall include a non-refundable application fee in an amount established by resolution of the city council to reimburse the city for staff time required to evaluate the application, establish conditions of approval, and to monitor the permitted activity.

Sec. 5.55.070. Issuance of registration.

Upon the receipt of a complete application for a tobacco retailer's registration and any application fee set by a resolution of the city council, the Department shall issue a registration unless substantial evidence demonstrates that one or more of the following bases for denial exists:
(a) The information presented in the application is inaccurate, false, or misleading.

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(i) Has not sold and will not sell any tobacco product or tobacco paraphernalia after the registration expiration date and before the registration is renewed; or
(ii) Has waited the appropriate ineligibility period established for tobacco retailing without a registration, as set forth in Section 5.55.130(A) of this chapter, before seeking renewal of the registration.

Sec. 5.55.100. Registration conveys a limited, conditional privilege.

Sec. 5.55.110. Compliance monitoring.
(a) Compliance with this chapter shall be monitored by the Department. In addition, any peace officer may enforce the penal provisions of this chapter. The city may designate any number of additional persons to monitor compliance with this chapter.
(b) Compliance checks shall be conducted so as to allow the Department to determine, at a minimum, if a tobacco retailer is complying with laws regulating youth access to tobacco. When the Department deems appropriate, the

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compliance checks shall determine compliance with other laws applicable to tobacco retailing.
(c) The city shall not enforce any law establishing a minimum age for tobacco purchases or possession against a person who otherwise might be in violation of such law because of the person's age (hereinafter "Youth Decoy") if the potential violation occurs when:
(a) The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the city;
(b) The youth decoy is acting as an agent of a person designated by the city to monitor compliance with this chapter; or
(c) The youth decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the city or the California Department of Health Care Services.

Sec. 5.55.120. Revocation of registration.
(a) Revocation of Registration for Violation.
(1) All registrations issued hereunder, shall operate in compliance with Chapter

Any license obtained by fraud or misrepresentation will automatically be null and void, with forfeiture of any and all monies paid to the city for the registration.
(2) Any registration issued for a tobacco retailer may be revoked by the city manager at any time for:
a. operating in a manner adverse to the public health, welfare and safety; or
b. conducting retail sales in a manner adverse to the public health, welfare and safety; or
c. operating in violation of this chapter, this Code, or state or federal law. (3) Prior to any revocation of a registration, the city manager shall, by their order, give the retailer 15-days’ notice of intent to revoke such registration. Within 15 days after any such order, the licensee may request to appeal and show cause before the city council why such license should not be revoked. Such hearing shall be scheduled at the next regular council meeting, or with five or more days’ notice to appellant at a special council meeting. Upon the failure of the retailer to appear at such meeting, or, if after appearance and hearing

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before the council, the council shall find good and sufficient cause for revocation, the registration shall be revoked.
(4) If such an appeal is made, it shall stay enforcement of the appealed action.

Upon conclusion of an appeal hearing, the city council shall do one (1) of the following:
(i.) Terminate the proceeding and dismiss the matter, thereby reinstating the registration;
(ii.) Affirm the revocation; or
(iii.) Modify the revocation based upon evidence adduced at the hearing on the appeal.
(5) The decision by the city council shall be the final decision of the city and not subject to further administrative appeal. The decision of the city council shall be served on the appellant and shall be subject to judicial review in the manner specified in Code of Civil Procedure Section 1094.5. The timely filing and diligent prosecution of an appeal to the city council is an administrative remedy which must be exhausted before judicial review may be sought. An appeal to the city council is not available for a revocation made pursuant to subsection C. below for registrations wrongly issued.
(6) Upon any revocation of a registration, no refund of any registration fee shall be made and the fee shall be forfeited to the city.
(7) No tobacco retailing shall be conducted or operated in any manner at that location during any period of registration revocation.
(b) New Registration at a Location After Revocation.
(1) After revocation for a first violation of this chapter at a location, no new registration may be issued for that location until three (3) months have passed from the date of revocation.
(2) After revocation for a second violation of this chapter at a location within any sixty-month period, no new registration may be issued for that location until six (6) months have passed from the date of second revocation. (3) After revocation for a third violation of this chapter at a location within any sixty-month period, no new registration may be issued for that location until one (1) year has passed from the date of third revocation. (4) After revocation for four (4) or more violations of this chapter at a location within any sixty-month period, no new registration may be issued for the

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location until five (5) years have passed from the date of fourth or subsequent revocation.
(c) Revocation of Registration Wrongly Issued. A tobacco retailer's registration shall be revoked if the Department finds, after the registered tobacco retailer is afforded notice and an opportunity to be heard, that one (1) or more of the bases for denial of a registration under Section 5.55.070 existed at the time application was made or at any time before the registration issued. The decision by the Department shall be the final decision of the city and not subject to administrative appeal. Such a revocation shall be without prejudice to the filing of a new registration application.
(d) Notice of Revocation. Upon a final determination by the city to revoke a tobacco retailer's registration under this chapter, the tobacco retailer shall prominently display notice of the revocation in a form specified by the city manager at the previously registered location of tobacco sales for the length of time the registration is revoked. A final determination by the city to revoke a tobacco retailer’s registration occurs when:
(1) A tobacco retailer fails to timely appeal a revocation as provided in Section

5.55.120.C; or
(2) The city makes a revocation determination under Section 5.55.120.D. that is not subject to appeal.

Sec. 5.55.130. Ineligibility to Apply-- Tobacco retailing without a registration. (a) In addition to any other penalty authorized by law, any person engaged in tobacco retailing without a valid tobacco retailer's registration, either directly or through the person's agents or employees, shall be ineligible to apply for, or to be issued, a tobacco retailing registration as follows:
(1) After a first violation of this section, no new registration may be issued for the person or the location in violation (unless ownership of the business at the location has been transferred in an arm's length transaction) until thirty (30) days have passed from the date of the first violation.
(2) After a second violation of this section within any sixty-month-period, no new registration may be issued for the person or the location in violation (unless ownership of the business at the location has been transferred in an arm's length transaction) until ninety (90) days have passed from the date of the second violation.
(3) After of a third or subsequent violation of this section within any sixty-monthperiod, no new registration may be issued for the person or the location in violation (unless ownership of the business at the location has been transferred in an arm's length transaction) until five (5) years have passed from the date of the third violation.

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(b) For the purposes of the civil remedies provided in this chapter:
(1) Each day on which a tobacco product or tobacco paraphernalia is sold, offered for sale, exchanged, or offered for exchange in violation of this chapter shall constitute a separate violation of this chapter.
(2) Each individual retail tobacco product and each individual retail item of tobacco paraphernalia that is distributed, sold, exchanged, or offered for sale or exchange in violation of this chapter shall constitute a separate violation of this chapter.

Sec. 5.55.140. Enforcement.
(a) The remedies provided by this chapter are cumulative and in addition to, and not in lieu of, any other remedies available by this Code or otherwise at law or in equity.
(b) Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of eighteen (18) years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.
(c) Any person convicted of an infraction under this Chapter shall be punished by a fine of $1,000.00 for each violation.
(d) Violations of this chapter may, in the discretion of the city prosecutor, be prosecuted as infractions or misdemeanors when the interests of justice so require.
(e) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. (f) Violations of this chapter are hereby declared to be public nuisances. (g) In addition to other remedies provided by this chapter, by another provision of this code, or by other law, any violation of this chapter may be remedied by a civil action brought by the city attorney, including, for example, but without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. (h) The city manager shall annually report to the city council regarding the enforcement of this chapter in the prior year. The report shall include: (i) the number of tobacco retailers found to have violated this chapter; (ii) the number of compliance checks taken with respect to each tobacco retailer under Section

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5.55.110, (iii) the cost to the city of enforcement of this chapter, and (iv) whether additional enforcement funds are needed.

Sec. 5.55.150. Other Laws.

This chapter does not intend and shall not be interpreted to regulate any conduct where the regulation of such conduct has been preempted by the United States or the State of California.

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

PASSED, APPROVED AND ADOPTED this day of , 20 .

ATTEST:

Timothy Silva, Mayor

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Andrea Flores, City Clerk
APPROVED AS TO FORM:

AYES:

NOES:

ABSTAIN:

ABSENT:

Andrea Flores, City Clerk

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Packet Pg. 173 Attachment: Tobacco Retailer Registration Ordinance and Master Fees Amendment1 (5930 : Tobacco Retailer Registration Ordinance and ATTACHMENT 3

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Packet Pg. 174 Attachment: Tobacco Retailer Registration Ordinance and Master Fees Amendment1 (5930 : Tobacco Retailer Registration Ordinance and Tobacco Retailer Registration
Application Fee Analysis ‐ February 2025
Personnel / Description of Task (Per Application) Hourly Rate Time Alloted to Task (Per Hr/Per App) Total Cost of Task
Administrative Assistant#
Application Acceptance $ 53.92 0.5 $ 26.96
Administrative Analyst#
Application Review (Verification of Documents) $ 69.33 0.5 $ 34.67 Information Reporting to Police Department $ 69.33 0.25 $ 17.33 Annual Information Reporting to City Manager $ 69.33 0.25 $ 17.33 Administrative Assistant#
Annual Registration Issuance $ 53.92 0.5 $ 26.96
Reproduction / Imaging Time $ 53.92 0.25 $ 13.48
File to Archives $ 53.92 0.25 $ 13.48
Police (Annual Compliance Checks)#&
Annual Compliance Check $ 75.17 1.5 $ 112.76
City Manager#
Annual Report Preparation/Presentation to City Council $ 167.14 0.25 $ 41.79 City Attorney
Annual Report Review $ 245.00 0.02 $ 4.90
City Clerk Services Manager#
Agenda Preparation for Annual Report to City Council $ 102.19 0.25 $ 25.55 TOTAL PERSONNEL COST: $ 335.20
Description of Supply / Equipment Total Cost of
Supply/Equipment
Copier / Technology / Supply Charge* $ 15.00
TOTAL SUPPLY/EQUIPMENT COST: $ 15.00
#
Average of Total Salary & Benefit for Position (F Step) / Tier I &
Includes associated compliance checks, pre‐ and post‐compliance check reporting *Includes necessary reproduction of required application and documents, imaging costs, stationary and computer equipment and software TOTAL TOBACCO RETAILER REGISTRATIONCOST: $ 350.20

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Packet Pg. 175 Attachment: Tobacco Retailer Registration Ordinance and Master Fees Amendment1 (5930 : Tobacco Retailer Registration Ordinance and POSITION HOURLY ANNUAL HRS WRKD bilingual CALPERS LIFE ed75 MEDICARE WRKS COMP STATE DISABILITY TOTAL
ANNUAL
TOTAL
HOURLY
Regular
Rate of
Pay

10.00 PER
MONTH

1.45% 4.00% 1.10% COST COST
Administrative Assistant (Tier I ‐ Step F) 39.12 81,366.00 13,034.83 12,000.00 120.00‐ 1,353.81 3,254.64 1,027.03 112,156.31 53.92 Administrative Analyst (Tier I ‐ Step F) 51.69 107,508.24 17,222.82 12,000.00 120.00‐ 1,732.87 4,300.33 1,314.59 144,198.85 69.33 Police Officer (Tier I ‐ Step F) 51.69 107,508.24‐ 29,371.25 12,000.00 120.00 1,732.87 4,300.33 1,314.59 156,347.28 75.17 City Manager (As of 2/3/2024) 131.49 273,493.08 43,813.59 12,000.00 120.00 4,139.65 10,939.72 3,140.42 347,646.47 167.14 City Clerk Services Manager 78.50 163,282.20 26,157.81 12,000.00 120.00 2,541.59 6,531.29 1,928.10 212,560.99 102.19

13.760%

27.320% 12000.00

7.870% 9000.00
RATE 2080 720 16.020% INS OFFSET

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Packet Pg. 176 Attachment: Tobacco Retailer Registration Ordinance and Master Fees Amendment1 (5930 : Tobacco ATTACHMENT 4

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Packet Pg. 177 Attachment: Tobacco Retailer Registration Ordinance and Master Fees Amendment1 (5930 : Tobacco Retailer Registration Ordinance and 389513.1
1 RESOLUTION NO. XXXX-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF BARSTOW, CALIFORNIA ADOPTING AN

AMENDMENT TO THE MASTER FEE SCHEDULE (FY
2024/2025) TO INCLUDE TOBACCO RETAILER

REGISTRATION
WHEREAS, the City Council of the City of Barstow has the authority to establish fees for City services; and
WHEREAS, the City finds it necessary to recover the costs of providing certain City services and said fees do not exceed the reasonable costs of providing the services for which fees are imposed; and
WHEREAS, the consolidation of all City fees will assist the public, as well as City staff in readily locating fees and continue the City's quest for governmental transparency; and WHEREAS, the proposed Master Fee Schedule will supersede any previously adopted or established fee for specified City services; and WHEREAS, the Master Fee Schedule is evaluated each year to ensure that services are provided while consideration is taken into account in regard to cost recovery for services provided by the City; and
WHEREAS, the City Council desires to amend and replace Section 220 (“Community Development”) in the Master Fee Schedule to include registration for tobacco retailers; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:

Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines:

A. For the convenience of the public it is desirable to gather in a single document a comprehensive list of fees and service charges imposed by the City for City services. The document known as the "Master Fee Schedule". Each new fee or service is identified in green font.

B. In developing new fees for tobacco retailer registration for the Master Fee Schedule, City staff has analyzed the cost to administer this program, activity and applications for which the City has proposed a new fee or service charge and determined that the increased fee or charge does not exceed the estimated cost of providing such service.

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Packet Pg. 178 Attachment: Tobacco Retailer Registration Ordinance and Master Fees Amendment1 (5930 : Tobacco Retailer Registration Ordinance and 389513.1
2 Section 2. That the fees shown in Exhibit "A" are hereby amended and replaced to include tobacco retailer registration, adopted, and each fee or service charge set forth in this Resolution shall be charged until further resolution of this Council.

Section 3. This Resolution amends the Master Fee Schedule supersedes all prior resolutions on the same subjects.

Section 4. The fees shown in Exhibit "A" shall become effective immediately on adoption.

Section 5. The City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED THIS _ day of , 2025.

Timothy Silva, Mayor
Attest:

Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No. XXXX-2025 of said Council which was adopted at its regular meeting on , 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Andrea Flores, City Clerk

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Packet Pg. 179 Attachment: Tobacco Retailer Registration Ordinance and Master Fees Amendment1 (5930 : Tobacco Retailer Registration Ordinance and

MASTER FEE SCHEDULE
Fiscal Year 2024/2025
Amended on March 3, 2025
Presented to City Council on June 17, 2024

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Packet Pg. 180 Attachment: Tobacco Retailer Registration Ordinance and Master Fees Amendment1 (5930 : Tobacco Retailer Registration Ordinance and Master Fee Schedule
Table of Contents
Contents Table of Contents.......................................................................... i Amendment Table of Amendments to Master Fee Schedule… ..................... ii Section 10 Administrative Citation................................................................ 1 Section 20 Business Licenses........................................................................2 Section 30 Building Permits........................................................................... 5 Section 35 Solar (Photovoltaic System) Permits ..........................................6 Section 40 Electrical Permits.......................................................................... 7 Section 50 Mechanical Permits.................................................................... 10 Section 60 Plumbing Permits........................................................................12 Section 70 Elevator Permits..........................................................................14 Section 80 Grading Permits ..........................................................................15 Section 85 Erosion Control, SWPPP, and WQMP ...................................... 17 Section 90 Code Compliance........................................................................19 Section 95 Cannabis Regulations ................................................................20 Section 100 Development Impact Fees......................................................... 21 Section 110 Encroachment Permits ...............................................................22 Section 120 Film Office ...................................................................................25 Section 130 Barstow Fire Protection District ................................................ 26 Section 140 Waste Management.................................................................... 31 Section 160 Animal Services…....................................................................... 32 Section 170 Wastewater Operations. .............................................................33 Section 180 Lenwood Area Development Fees............................................. 35 Section 190 Miscellaneous Fees ................................................................... 36 Section 200 Parks & Recreation .....................................................................38 Section 210 Personnel Costs..........................................................................41 Section 220 Community Development.......................................................... 42 Section 230 Police ...........................................................................................43 Section 240 Harvey House Rental .................................................................. 44

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Packet Pg. 181 Attachment: Tobacco Retailer Registration Ordinance and Master Fees Amendment1 (5930 : Tobacco Retailer Registration Ordinance and ii
Table of Amendments to Master Fee Schedule
2023/2024 to 2024/2025
Page
Number Department Item/Description 2023/2024 Fee / Basis 2024/2025 Fee / Basis 32 Animal Services Animal Services Section 160
Due to contract changes,
Section 160 has been
renovated
36 Miscellaneous
Fees Publications Comprehensive Annual Financial Reports Renamed to Annual
Comprehensive Financial
Report(s) - ACFRs
37 Miscellaneous
Fees Utility Billing New Fee in 2024/2025
Courtesy Copy of Bills
Convenience Fee – Per
Account/Per Billing Cycle
- $2.00
38 Parks and
Recreation
Cora Harper Fitness
Center Rental Min. 3 hours - $1,000 Min. 3 hours - $250 38 Parks and
Recreation
Cora Harper Fitness
Center Rental 8 Hours or More Single Day Use
38 Parks and
Recreation
Cora Harper Fitness
Center Rental Single Day Use - $2,000 Single Day Use - $750 38 Parks and
Recreation
Cora Harper Fitness
Center Gym Use
**Includes Use of Gym
Equipment, Saunas,
Basketball & Racquetball
Courts**
**Includes Use of Gym
Equipment, Saunas, and
Courts**
38 Parks and
Recreation
Cora Harper Fitness
Center Gym Use
Gym Use Monthly - $25
Gym Use 3 Months - $50
Gym Use Yearly - $175
Gym Use Monthly - $30
Gym Use 3 Months - $60
Gym Use Yearly -
Removed
39 Parks and
Recreation
Facility Rental and
Fees
Tournament at Sports
Park Per Weekend -
$3,000
Tournament at Sports
Park Per Day - $500
39 Parks and
Recreation
Youth and Adult
Programs
Programs listed in
separate sections
Programs combined into
one section
39 Parks and
Recreation Programs Per Season Per Session
39 Parks and
Recreation Basketball Peewee/Tiny Tots - $45 Youth - $45 Peewee/Tiny Tots - $50
Youth - $60
39 Parks and
Recreation Volleyball New Fee in 2024/2025
Youth – Per Session -
$65
Adult – Per Team/Per
Session - $300
39 Parks and
Recreation T-Ball Per Season - $45 Per Session - $50

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Packet Pg. 182 Attachment: Tobacco Retailer Registration Ordinance and Master Fees Amendment1 (5930 : Tobacco Retailer Registration Ordinance and iii
Table of Amendments to Master Fee Schedule
2023/2024 to 2024/2025
Page
Number Department Item/Description 2023/2024 Fee / Basis 2024/2025 Fee / Basis N/A Parks and
Recreation Summer Camp
Grade School
Camp
Late Pick Up
Late Payment
Removed in 2024/2025
39 Parks and
Recreation
Miscellaneous
Youth Programs
Per Season - $45
Monthly - $45
Per Session - $25-100
Monthly - $25-100
39 Parks and
Recreation Programs
Karate, Judo,
Cheerleading, and
Aerobics - $25 - $45
Combined into
“Contract Classes” –
Varies Per Instructor
N/A Parks and
Recreation
Miscellaneous Fees
– Equipment Rental Media Set-Up - $50 Removed in 2024/2025 40 Parks and
Recreation Miscellaneous Fees New Fee in 2024/2025 Snack Bar – Varies Per Item - $1 - $50
41 Personnel Costs Personnel Costs
Calculation No Description
Added differentiation
for Regular Rate of
Pay vs. Overtime Rate
of Pay
41 Personnel Costs
Personnel Costs
Calculation (Regular
Rate of Pay)
New addition in
2024/2025
Add Annual Special
Compensation to Total
Salary Calculation
41 Personnel Costs Annual Hours New addition in
2024/2025
Added differentiation
between City
employed worked
hours and Fire
employed worked
hours
41 Personnel Costs
Personnel Costs
Calculation
(Overtime Rate of
Pay)
New Fee in 2024/2025 Overtime Rate of Pay
calculation
43 Police Licenses and
Permits New Fee in 2024/2025
Concealed Weapons
Firearms Safety
Course – Initial
Application - $100

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Packet Pg. 183 Attachment: Tobacco Retailer Registration Ordinance and Master Fees Amendment1 (5930 : Tobacco Retailer Registration Ordinance and iv
Table of Amendments to Master Fee Schedule
2023/2024 to 2024/2025
Page
Number Department Item/Description 2023/2024 Fee / Basis 2024/2025 Fee / Basis 43 Police Licenses and
Permits New Fee in 2024/2025
Concealed Weapons
Firearms Safety
Course – Renewal –
Bi-annual - $50
N/A Harvey House
Rental Fees Media Set Up - $50 Removed in 2024/2025
44 Harvey House
Rental
Ballroom Rental –
Either Room – First
Six Hours
$1,000 $375
44 Harvey House
Rental
Ballroom Rental –
Both Room – First
Six Hours
$2,000 $750
Amendment Approved By City Council
March 3, 2025
42 Community
Development
Tobacco Retailer
Registration New Fee in 2024/2025
$350
Initial Application /
Annual Renewal

11.a
Packet Pg. 184 Attachment: Tobacco Retailer Registration Ordinance and Master Fees Amendment1 (5930 : Tobacco Retailer Registration Ordinance and

CITY OF BARSTOW
Master Fee Schedule
Section 220 - Community Development
Item/Description Basis 2024/2025 Fee

1. GENERAL PLAN AND ZONING ORDINANCE
General Plan Amendment (Initial Request) Each $ 1,193.00 * General Plan Amendment (Actual) Each $ 2,282.00 *
Zone Change Each $ 2,282.00 *

2. USE AND DEVELOPMENT PERMITS
Site Plan Review - Administrative Review Each $ 375.00 * Pre Application Meeting Each $ 375.00 *
Site Plan Review - Administrative Review with Public Notice Each $ 750.00 * Site Plan Review - Planning Commission Review Each $ 1,000.00 * Conditional Use Permit Each $ 1,109.00 *
Modification to Existing Conditional Use Permit Each $ 1,109.00 * Development Permit Each $ 855.00 *
Home Occupation Permit Each $ 100.00 *
Massage Practitioner Permit Each $ 574.00 *
Planned Unit Development Each $ 2,269.00 *
Sexually Oriented Business Permit Each $ 2,575.00 *
Temporary Use Permit Each $ 79.00 *
Temporary Use Permit (Non-Profit Organization) Each $ 27.00 * Transportation Permit Daily $ 16.00 *
Annual $ 90.00 *
Tobacco Retailer Registration Initial Application/ $ 350.00 * Annual Renewal

3. SUBDIVISION AND LOT LINE ADJUSTMENTS
Lot Line Adjustment / Lot Merger Each $ 531.00 *
Parcel Map - Tentative Each $ 913.00 *
Parcel Map (Vesting) - Tentative Each $ 2,108.00 *
Parcel Map - Final (Include Vesting) Each $ 707.00 *
Tract Map - Tentative Each $ 1,913.00 *
Tract Map (Vesting) - Tentative Each $ 2,108.00 *
Tract Map - Final Each $ 1,595.00 *

4. VARIANCES
Variances Each $ 791.00 *

5. MISCELLANEOUS
Surface Mining and Reclamation Act (SMARA) Each $ 811.00 * Mine Inspection & Report Annual $ 571.00 *
Preparation of Specific Plan As Per CA Gov't Code
65456 Actual Costs *
Annexation (+LAFCO Fees) Each $ 6,040.00 *
Street Vacation Each $ 1,479.00 *
Appeal to City Council Each $ 700.00 *
Appeal to Planning Commission Each $ 621.00 *
Call for Review by City Council Each No Fee
Zoning Verification Letter Each $ 50.00
Zoning Affidavit (ABC) Each $ 10.00
Public Needs/Necessity Letter (ABC) Each $ 20.00
Continuation of Hearing# Each $ 250.00
Address Assignment
Single Family Residence Per Dwelling $ 20.00
Multi-Family Residence $20 Initial, $2 Each Unit
Tract $50 Initial, $2 Each Dwelling
Commercial Property Per Unit $
Address Verification Per Address $
Temporary Signs Per Application $
* Plus Consultant Fees, If Any
* Requested by Applicant or Applicant Fails to Appear at Hearing

20.00 20.00

25.00 42

11.a
Packet Pg. 185 Attachment: Tobacco Retailer Registration Ordinance and Master Fees Amendment1 (5930 : Tobacco Retailer Registration Ordinance and Regular Meeting
03/17/25 05:30 PM
City Clerk / Records
Maribel Hernandez
Community Promotion
Doc ID: 5926

AGENDA ITEM
AGENDA MATTER:

COMMUNITY PROMOTIONAL FUND APPLICATION FROM THE CALIFORNIA ROUTE 66 MOTHER

ROAD MUSEUM
EXECUTIVE SUMMARY:

The Route 66 Mother Road Museum is seeking financial support to help offset the costs associated with hosting its Grand Reopening event. The celebration is scheduled to take place on March 22, 2025, at the historic Harvey House. The museum is requesting a monetary donation of $2,850, along with an in-kind contribution valued at $1,370 to cover the use of the Harvey House facility and stage setup and takedown services.

DISCUSSION:

The Route 66 Mother Road Museum is requesting financial support to assist with expenses for its upcoming Grand Reopening event, scheduled for March 22, 2025, at the historic Harvey House. The museum is seeking a monetary contribution of $2,850, along with an in-kind contribution valued at $1,370 to help cover venue and event logistics, including:
 Harvey House Rental - $750
 Stage Rental - $300
 Stage Setup and Takedown Personnel (2 employees) - $320 Staff would like to add that the museum has not submitted its Temporary Use Permit (TUP) application, and has not yet applied for its annual Business License or Fire Permit-both of which are required under the Barstow Municipal Code for lawful operation within the City.

Staff recommends that Council require the applicant to complete all TUP conditions and submit all required documents and permits prior to the disbursement of any funds.  Total In-Kind Contribution: $1,370
 Total Monetary Request: $2,850
 Total Support Requested: $4,220
The Community Promotional Fund Application is attached for Council’s review and consideration.

FISCAL IMPACT:

Request for a cash grant award of $2,850 and an in-kind donation valued at $1,370, to be charged to the Measure Q Community (UNPL) Promotional Fund, Account 102.150.542.07.769, as included in the FY 2024–2025 approved budget adopted at the June 17, 2024, Council Meeting.

RECOMMENDED ACTION:
12 Packet Pg. 186
Regular Meeting
03/17/25 05:30 PM
City Clerk / Records
Maribel Hernandez
Community Promotion
Doc ID: 5926

AGENDA ITEM
Approve a Community Promotional Fund cash donation in the amount of $2,850, along with in-kind support valued at $1,370, to the California Route 66 Museum, contingent upon the applicant’s compliance with the Temporary Use Permit (TUP) process and fulfillment of business license requirements as outlined in the Barstow Municipal Code no later than March 18, 2025. 12 Packet Pg. 187
Rev. August 2013 Community Promotional Fund Application Page 1 Community Promotional Fund Application
APPLICANT INFORMATION:

Name of applicant: ______________________________________________________ Name of organization or group represented: __________________________________ Mailing address: ________________________________________________________ Contact phone number(s): ________________________________________________ Non-Profit? Yes No If no, are you partnering with a non-profit: _____________ PROJECT DESCRIPTION:

Amount requested: $________________
What will the funds be used for? ___________________________________________ ______________________________________________________________________ When will the activity take place? __________________________________________ Where will the activity take place? __________________________________________ Why are the funds needed? _______________________________________________ ______________________________________________________________________ How many Barstow area residents are involved with this organization? _____________ How many spectators will watch this activity? _________________________________ Please describe how this activity will benefit Barstow. If additional space is necessary, please attach additional sheets:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Brendan O'BrienRoute 66 Mother Road Museum 16825 D Street, Victorville, CA 92395 Cell #: 831 247-0546 501c(3) 2,850.00Fixed costs associated with the Route 66 Mother Road Museum Grand Re-Opening. March 22, 2025 Harvey House, Barstow These funds will specifically be used for marketing and promotions an honorary life tribute forRobert Petersen, table linens, and organizational support for vintage car owners participating in the event. +200 +1,000 Please See Attached:

12.a
Packet Pg. 188 Attachment: Route 66 Mother Road Museum - Community Promo Fund Application 3-6-2025 (5926 : Community Promotional Fund Application Rev. August 2013 Community Promotional Fund Application Page 2 With this application, please attach the following:

1. A detailed budget stating the total cost of the activity or event, all sources and amounts of funding, and all expenses;

2. A description of the organization’s or group’s purpose or objective.

By signing below, I declare that I have read the City’s Community Promotional Fund Policy and agree to all its terms and conditions. I understand that an incomplete application will not be accepted and that the organization or applicant will not be considered for funding. (If the application is being submitted on behalf of an organization or school, an additional signature is required.) _______________________________ ________________________________ Signature of Applicant Applicant Name (printed) & Date
_______________________________
School Principal or Organization
President/Director Signature
(if applicable)
Brendan O'Brien 3/6/2025

12.a
Packet Pg. 189 Attachment: Route 66 Mother Road Museum - Community Promo Fund Application 3-6-2025 (5926 : Community Promotional Fund Application Dear Honorable Mayor, Members of the Barstow City Council and Measure Q Committee, On behalf of the Route 66 Mother Road Museum, I am excited to share that we are planning a Grand Re-Opening Ribbon Cutting Ceremony on March 22, 2025, to celebrate the revitalization of this historic and cherished landmark. This event will not only commemorate the reopening of the museum, but will also serve as a significant community gathering, drawing visitors, vintage car enthusiasts, and dignitaries from across California and beyond.

To ensure the success of this event and maximize its positive impact on the City of Barstow, I respectfully request an allocation of $2,850 from the Measure Q fund to help cover eventrelated costs. These funds will specifically be used for marketing and promotions, an honorary life tribute plaque for Robert Petersen, table linens, and organizational support for vintage car owners participating in the event.

Below is a detailed breakdown of the proposed use of the requested funds:

Itemized Budget Request:

1. Marketing & Promotions – $1,250
o Digital advertising (social media, website, and email campaigns) o Flyer & poster printing for local distribution
o Press release and media outreach to enhance event awareness

2. Honorary Life Tribute Plaque for Robert Petersen – $850 o Custom metal plaque with inscription recognizing Robert Petersen’s contributions to automotive culture and Route 66 heritage
o Presentation Shadow Box

3. Table Linens for Reception Area – $400
o High-quality table linens for guest reception, tables and seating o Rental and cleaning costs

4. Vintage Car Owners' Organizational Support – $350
o Coordination efforts to secure and organize vintage car displays o Signage and logistical materials for designated parking areas

12.a
Packet Pg. 190 Attachment: Route 66 Mother Road Museum - Community Promo Fund Application 3-6-2025 (5926 : Community Promotional Fund Application This event aligns with Measure Q’s objectives of preserving Barstow’s historical assets, promoting tourism, and fostering economic development through cultural and heritage-driven initiatives. The revitalization of the Route 66 Mother Road Museum will play a pivotal role in reinforcing Barstow’s identity as a premier stop along the historic Route 66 corridor, drawing both national and international visitors.

We appreciate your consideration of this request and look forward to partnering with the City of Barstow to make this event a success. I am happy to provide any additional details or documentation necessary to facilitate the approval process.

Thank you for your time and support.

Sincerely,
Brendan O'Brien
Route 66 Mother Road Museum

12.a
Packet Pg. 191 Attachment: Route 66 Mother Road Museum - Community Promo Fund Application 3-6-2025 (5926 : Community Promotional Fund Application Regular Meeting
03/17/25 05:30 PM
Parks and Recreation
Chelsea Phillips
Community Promotion
Doc ID: 5915

AGENDA ITEM
AGENDA MATTER:

AWARD OF MEASURE Q YOUTH COMMUNITY PROMOTIONAL FUNDS FY 24-25 EXECUTIVE SUMMARY:

The Fiscal Year 2024-2025 Budget was adopted which includes an appropriation from Measure Q Fund for seniors and youth sports programs. Measure Q Funds are allocated towards providing in-kind resources and services to youth sports organizations that provide social and economic benefits and/or recognition to the community. This application was submitted on 3/4/2025 to the Park and Recreation Department. The application is asking for in-kind donations in the amount of $31,815.72 for the Barstow High School Football Boosters. The in-kind donations would include Riddell Axiom Helmets, Cooling stations, and Fleece lined sideline cape. The recommended action is staff requesting direction from council.

DISCUSSION:

FISCAL IMPACT:
$31,815.72 charged to Measure Q Youth Fund Account No. 102.150.542.07.770 for in-kind donations.

RECOMMENDED ACTION:

Recommended Action is staff requesting direction from the council. 13 Packet Pg. 192

13.a
Packet Pg. 193 Attachment: Measure Q Breakdown 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

13.b
Packet Pg. 194 Attachment: Measure Q Youth Community Promotional Fund Policy 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY

13.b
Packet Pg. 195 Attachment: Measure Q Youth Community Promotional Fund Policy 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY

13.b
Packet Pg. 196 Attachment: Measure Q Youth Community Promotional Fund Policy 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY

13.b
Packet Pg. 197 Attachment: Measure Q Youth Community Promotional Fund Policy 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY

13.b
Packet Pg. 198 Attachment: Measure Q Youth Community Promotional Fund Policy 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY

13.b
Packet Pg. 199 Attachment: Measure Q Youth Community Promotional Fund Policy 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY

13.b
Packet Pg. 200 Attachment: Measure Q Youth Community Promotional Fund Policy 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY

13.c
Packet Pg. 201 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

13.c
Packet Pg. 202 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

13.c
Packet Pg. 203 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

13.c
Packet Pg. 204 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

13.c
Packet Pg. 205 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

13.c
Packet Pg. 206 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

13.c
Packet Pg. 207 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

13.c
Packet Pg. 208 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

13.c
Packet Pg. 209 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

13.c
Packet Pg. 210 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

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Packet Pg. 211 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

13.c
Packet Pg. 212 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

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Packet Pg. 213 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

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Packet Pg. 214 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

13.c
Packet Pg. 215 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

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Packet Pg. 216 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

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Packet Pg. 217 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

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Packet Pg. 218 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

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Packet Pg. 219 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

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Packet Pg. 220 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

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Packet Pg. 221 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

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Packet Pg. 222 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

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Packet Pg. 223 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

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Packet Pg. 224 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

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Packet Pg. 225 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

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Packet Pg. 226 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

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Packet Pg. 227 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25)

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Packet Pg. 228 Attachment: Measure Q App BHS Football Booster Club 2025 (5915 : Award of Measure Q Youth Community Promotional Funds FY 24-25) Regular Meeting
03/17/25 05:30 PM
Planning
Amy Sanchez
Resolution
Doc ID: 5914

AGENDA ITEM
AGENDA MATTER:

CONSIDERATION OF DEVELOPMENT AGREEMENT TERMINATIONS FOR COMMERCIAL CANNABIS BUSINESS OPERATORS WINNERS CIRCLE HD, LLC; SKY CLUB HD, LLC; LA 2 VEGAS, INC.; BARSTOW COMPANY, INC.; 1919 BUILDING, INC.; GROW ORGANIC 5, INC.; GROW ORGANIC 6, INC.; GROW ORGANIC 11, INC.; GROW ORGANIC 12, INC.; MERCHANTS BARSTOW LLC; MERCHANTS BARSTOW 3 LLC; MERCHANTS BARSTOW 4 LLC; MERCHANTS BARSTOW 13 LLC; AND MERCHANTS BARSTOW 14 LLC
EXECUTIVE SUMMARY:

The City Manager placed this item on the agenda for City Council consideration. Staff is recommending that the City Council adopt a resolution terminating the development agreements the City has entered into with: (1) Winners Circle HD, LLC, (2) Sky Club HD, LLC, (3) LA 2 Vegas, Inc., (4) Barstow Company, Inc., (5) 1919 Building, Inc., (6) Grow Organic 5, Inc., (7) Grow Organic 6, Inc., (8) Grow Organic 11, Inc., (9) Grown Organic 12, Inc., (10) Merchants Barstow LLC, (11) Merchants Barstow 3 LLC, (12) Merchants Barstow 4 LLC, (13) Merchants Barstow 13 LLC, and (14) Merchants Barstow 14 LLC, for failure to comply with the terms of their development agreements.

DISCUSSION:

All commercial cannabis business operators (“Operators”) within the City are subject to, and must operate their commercial cannabis businesses in compliance with, development agreements entered into by each individual Operator and the City.

The development agreements and Barstow Municipal Code chapter 19.27 require that Operators obtain a cannabis business permit and pay a cannabis permit application fee prior to operating a cannabis business within the City. Operators must annually renew their permits and pay the permit renewal fee established through City Council resolution to the City. Under the City’s Resolution No. 5096-2022, the permit renewal application fee for permits renewed in fiscal year 2023 is $14,107.85. Under the City’s Resolution No. 5169-2024, the permit renewal application fee for permits renewed in fiscal year 2024 is $14,107.85.

The development agreements further require that Operators comply with: (a) all provisions of the resolution that adopted their development agreement; (b) Barstow Municipal Code Chapter 19.27, et. seq.; (c) all terms imposed by the City-issued Commercial Cannabis Permit; (d) all terms imposed by the City-issued Conditional Use Permit; and (e) all other requirements of applicable City law and permits.

Terminating a development agreement because of an Operator’s breach requires at least a 30-days written notice of the default and opportunity to cure, then a public hearing and Council decision. 14 Packet Pg. 229
Regular Meeting
03/17/25 05:30 PM
Planning
Amy Sanchez
Resolution
Doc ID: 5914

AGENDA ITEM
The specific Operators and development agreement breaches before the City Council for public hearing are as follows:
. Winners Circle HD, LLC
In 2023, the City entered into a development agreement with Winners Circle HD, LLC concerning the property located at 2588 Mercantile Way, Building 18B, Assessor’s Parcel Number 0428-211-26- 0000. A copy of the development agreement is attached as Attachment 1.

On January 27, 2022, Winners Circle HD, LLC paid its initial application fee to the City for its cannabis business permit. Thereafter, Winners Circle HD, LLC failed to pay its annual cannabis business permit renewal application fee during fiscal year(s) 2023/2024 and 2024/2025.

On January 21, 2025, the City sent Winners Circle HD, LLC a letter informing it of its breach, providing it with 35 days to cure by paying the unpaid cannabis permit fees, and notifying it of the City’s intent to terminate the development agreement at a public hearing at Barstow City Hall on March 17, 2025 at 7:00 p.m. Winners Circle HD, LLC failed to cure the breach within 35 days of the City’s letter. A copy of the City’s notice of default to Winners Circle HD, LLC is attached as Attachment 2. A resolution terminating the development agreement is attached as Attachment 3. . Sky Club HD, LLC
In 2023, the City entered into a development agreement with Sky Club HD, LLC concerning the property located at 2588 Mercantile Way, Building 18A, Assessor’s Parcel Number 0428-211-26-0000. A copy of the development agreement is attached as Attachment 4.

On January 27, 2022, Sky Club HD, LLC paid its initial application fee to the City for its cannabis business permit. Thereafter, Sky Club HD, LLC failed to pay its annual cannabis business permit renewal application fee during fiscal year(s) 2024/2025.

On January 21, 2025, the City sent Sky Club HD, LLC a letter informing it of its breach, providing it with 35 days to cure, and notifying it of the City’s intent to terminate the development agreement at a public hearing at Barstow City Hall on March 17, 2025 at 7:00 p.m. Sky Club HD, LLC failed to cure the breach within 35 days of the City’s letter. A copy of the City’s notice of default to Operator is attached as Attachment 5. A resolution terminating the development agreement is attached as Attachment 6. . LA 2 Vegas, Inc.

In 2023, the City entered into a development agreement with LA 2 Vegas, Inc. concerning the property located at 2596 Mercantile Way, Building 22, Assessor’s Parcel Number 0428-211-26-0000. A copy of the development agreement is attached as Attachment 7.

On March 30,2022, LA 2 Vegas, Inc paid its initial application fee to the City for its cannabis business permit. Thereafter, LA 2 Vegas, Inc failed to pay its annual cannabis business permit renewal application fee during fiscal year(s) 2024/2025.
14 Packet Pg. 230
Regular Meeting
03/17/25 05:30 PM
Planning
Amy Sanchez
Resolution
Doc ID: 5914

AGENDA ITEM
On January 21, 2025, the City sent LA 2 Vegas, Inc a letter informing it of its breach, providing it with 35 days to cure, and notifying it of the City’s intent to terminate the development agreement at a public hearing at Barstow City Hall on March 17, 2025 at 7:00 p.m. LA 2 Vegas, Inc failed to cure the breach within 35 days of the City’s letter. A copy of the City’s notice of default to Operator is attached as Attachment 8. A resolution terminating the development agreement is attached as Attachment 9. . Barstow Company, Inc.

In 2023, the City entered into a development agreement with Barstow Company, Inc. concerning the property located at 2592 Mercantile Way, Building 20, Assessor’s Parcel Number 0428-211-26-0000.

A copy of the development agreement is attached as Attachment 10.

On March 30, 2022, Barstow Company, Inc. paid its initial application fee to the City for its cannabis business permit. Thereafter, Barstow Company, Inc. failed to pay its annual cannabis business permit renewal application fee during fiscal year(s) 2024/2025.

On January 21, 2025, the City sent Barstow Company, Inc. a letter informing it of its breach, providing it with 35 days to cure, and notifying it of the City’s intent to terminate the development agreement at a public hearing at Barstow City Hall on March 17, 2025 at 7:00 p.m. Barstow Company, Inc. failed to cure the breach within 35 days of the City’s letter. A copy of the City’s notice of default to Operator is attached as Attachment 11. A resolution terminating the development agreement is attached as Attachment 12.
. 1919 Building, Inc.

In 2023, the City entered into a development agreement with 1919 Building, Inc. concerning the property located at 2590 Mercantile Way, Building 19A, Assessor’s Parcel Number 0428-211-26-0000. A copy of the development agreement is attached as Attachment 13.

On March 30,2022, 1919 Building, Inc. paid its initial application fee to the City for its cannabis business permit. Thereafter, 1919 Building, Inc. failed to pay its annual cannabis business permit renewal application fee during fiscal year(s) 2024/2025.

On January 21, 2025, the City sent 1919 Building, Inc. a letter informing it of its breach, providing it with 35 days to cure, and notifying it of the City’s intent to terminate the development agreement at a public hearing at Barstow City Hall on March 17, 2025 at 7:00 p.m. 1919 Building, Inc. failed to cure the breach within 35 days of the City’s letter. A copy of the City’s notice of default to Operator is attached as Attachment 14. A resolution terminating the development agreement is attached as Attachment 15. . Grow Organic 5, Inc.

In 2023, the City entered into a development agreement with Grow Organic 5, Inc. concerning the property located at 2837 Lenwood Rd, Building 5, Assessor’s Parcel Number 0428-211-26-0000. A copy of the development agreement is attached as Attachment 16.

On September 23, 2022, Grow Organic 5, Inc paid its initial application fee to the City for its cannabis business permit. Thereafter, Grow Organic 5, Inc failed to pay its annual cannabis business permit renewal application fee during fiscal year(s) 2023/2024 and 2024/2025. 14 Packet Pg. 231
Regular Meeting
03/17/25 05:30 PM
Planning
Amy Sanchez
Resolution
Doc ID: 5914

AGENDA ITEM
On January 21, 2025, the City sent Grow Organic 5, Inc a letter informing it of its breach, providing it with 35 days to cure, and notifying it of the City’s intent to terminate the development agreement at a public hearing at Barstow City Hall on March 17, 2025 at 7:00 p.m. Grow Organic 5, Inc failed to cure the breach within 35 days of the City’s letter. A copy of the City’s notice of default to Operator is attached as Attachment 17. A resolution terminating the development agreement is attached as Attachment 18.
. Grow Organic 6, Inc.

In 2023, the City entered into a development agreement with Grow Organic 6, Inc. concerning the property located at 2829 Lenwood Rd, Building 6, Assessor’s Parcel Number 0428-211-26-0000. A copy of the development agreement is attached as Attachment 19.

On March 30,2022, Grow Organic 6, Inc. paid its initial application fee to the City for its cannabis business permit. Thereafter, Grow Organic 6, Inc. failed to pay its annual cannabis business permit renewal application fee during fiscal year(s) 2023/2024 and 2024/2025.

On January 21, 2025, the City sent Grow Organic 6, Inc. a letter informing it of its breach, providing it with 35 days to cure, and notifying it of the City’s intent to terminate the development agreement at a public hearing at Barstow City Hall on March 17, 2025 at 7:00 p.m. Grow Organic 6, Inc. failed to cure the breach within 35 days of the City’s letter. A copy of the City’s notice of default to Operator is attached as Attachment 20. A resolution terminating the development agreement is attached as Attachment 21.
. Grow Organic 11, Inc.

In 2023, the City entered into a development agreement with Grow Organic 11, Inc. concerning the property located at 2825 Lenwood Rd, Building 11, Assessor’s Parcel Number 0428-211-26-0000. A copy of the development agreement is attached as Attachment 22.

On March 30, 2022, Grow Organic 11, Inc. paid its initial application fee to the City for its cannabis business permit. Thereafter, Grow Organic 11, Inc. failed to pay its annual cannabis business permit renewal application fee during fiscal year(s) 2023/2024 and 2024/2025.

On January 21, 2025, the City sent Grow Organic 11, Inc. a letter informing it of its breach, providing it with 35 days to cure, and notifying it of the City’s intent to terminate the development agreement at a public hearing at Barstow City Hall on March 17, 2025 at 7:00 p.m. Grow Organic 11, Inc. failed to cure the breach within 35 days of the City’s letter. A copy of the City’s notice of default to Operator is attached as Attachment 23. A resolution terminating the development agreement is attached as Attachment 24.
. Grow Organic 12, Inc.

In 2023, the City entered into a development agreement with Grow Organic 12, Inc. concerning the property located at 2833 Lenwood Rd, Building 12, Assessor’s Parcel Number 0428-211-26-0000. A copy of the development agreement is attached as Attachment 25.

On September 13, 2022, Grow Organic 12, Inc. paid its initial application fee to the City for its 14 Packet Pg. 232
Regular Meeting
03/17/25 05:30 PM
Planning
Amy Sanchez
Resolution
Doc ID: 5914

AGENDA ITEM
cannabis business permit. Thereafter, Grow Organic 12, Inc. failed to pay its annual cannabis business permit renewal application fee during fiscal year(s) 2023/2024 and 2024/2025.

On January 21, 2025, the City sent Grow Organic 12, Inc. a letter informing it of its breach, providing it with 35 days to cure, and notifying it of the City’s intent to terminate the development agreement at a public hearing at Barstow City Hall on March 17, 2025 at 7:00 p.m. Grow Organic 12, Inc. failed to cure the breach within 35 days of the City’s letter. A copy of the City’s notice of default to Operator is attached as Attachment 26. A resolution terminating the development agreement is attached as Attachment 27.
. Merchants Barstow LLC
In 2023, the City entered into a development agreement with Merchants Barstow LLC concerning the property located at 2552 Mercantile Way, Building 23, Assessor’s Parcel Number 0428-211-26-0000.

A copy of the development agreement is attached as Attachment 28.

On March 30, 2022, Merchants Barstow LLC paid its initial application fee to the City for its cannabis business permit. Thereafter, Merchants Barstow LLC failed to pay its annual cannabis business permit renewal application fee during fiscal year(s) 2023/2024 and 2024/2025.

On January 21, 2025, the City sent Merchants Barstow LLC a letter informing it of its breach, providing it with 35 days to cure, and notifying it of the City’s intent to terminate the development agreement at a public hearing at Barstow City Hall on March 17, 2025 at 7:00 p.m. Merchants Barstow LLC failed to cure the breach within 35 days of the City’s letter. A copy of the City’s notice of default to Operator is attached as Attachment 29. A resolution terminating the development agreement is attached as Attachment 30.
. Merchants Barstow 3 LLC
In 2023, the City entered into a development agreement with Merchants Barstow 3 LLC concerning the property located at 2853 Lenwood Rd, Building 3, Assessor’s Parcel Number 0428-211- 26-0000. A copy of the development agreement is attached as Attachment 31.

On August 31, 2022, Merchants Barstow 3 LLC paid its initial application fee to the City for its cannabis business permit. Thereafter, Merchants Barstow 3 LLC failed to pay its annual cannabis business permit renewal application fee during fiscal year(s) 2023/2024 and 2024/2025.

On January 21, 2025, the City sent Merchants Barstow 3 LLC a letter informing it of its breach, providing it with 35 days to cure, and notifying it of the City’s intent to terminate the development agreement at a public hearing at Barstow City Hall on March 17, 2025 at 7:00 p.m. Merchants Barstow 3 LLC failed to cure the breach within 35 days of the City’s letter. A copy of the City’s notice of default to Operator is attached as Attachment 32. A resolution terminating the development agreement is attached as Attachment 33.
. Merchants Barstow 4 LLC
In 2023, the City entered into a development agreement with Merchants Barstow 4 LLC concerning the property located at 2845 Lenwood Rd, Building 4, Assessor’s Parcel Number 0428-211- 14 Packet Pg. 233
Regular Meeting
03/17/25 05:30 PM
Planning
Amy Sanchez
Resolution
Doc ID: 5914

AGENDA ITEM
26-0000. A copy of the development agreement is attached as Attachment 34.

On August 31, 2022, Merchants Barstow 4 LLC paid its initial application fee to the City for its cannabis business permit. Thereafter, Merchants Barstow 4 LLC failed to pay its annual cannabis business permit renewal application fee during fiscal year(s) 2023/2024 and 2024/2025.

On January 21, 2025, the City sent Merchants Barstow 4 LLC a letter informing it of its breach, providing it with 35 days to cure, and notifying it of the City’s intent to terminate the development agreement at a public hearing at Barstow City Hall on March 17, 2025 at 7:00 p.m. Merchants Barstow 4 LLC failed to cure the breach within 35 days of the City’s letter. A copy of the City’s notice of default to Operator is attached as Attachment 35. A resolution terminating the development agreement is attached as Attachment 36.
. Merchants Barstow 13 LLC
In 2023, the City entered into a development agreement with Merchants Barstow 13 LLC concerning the property located at 2849 Lenwood Rd, Building 13, Assessor’s Parcel Number 0428-211- 26-0000. A copy of the development agreement is attached as Attachment 37.

On August 31, 2022, Merchants Barstow 13 LLC paid its initial application fee to the City for its cannabis business permit. Thereafter, Merchants Barstow 13 LLC failed to pay its annual cannabis business permit renewal application fee during fiscal year(s) 2023/2024 and 2024/2025.

On January 21, 2025, the City sent Merchants Barstow 13 LLC a letter informing it of its breach, providing it with 35 days to cure, and notifying it of the City’s intent to terminate the development agreement at a public hearing at Barstow City Hall on March 17, 2025 at 7:00 p.m. Merchants Barstow 13 LLC failed to cure the breach within 35 days of the City’s letter. A copy of the City’s notice of default to Operator is attached as Attachment 38. A resolution terminating the development agreement is attached as Attachment 39.
. Merchants Barstow 14 LLC
In 2023, the City entered into a development agreement with Merchants Barstow 14 LLC concerning the property located at 2857 Lenwood Rd, Building 14, Assessor’s Parcel Number 0428-211-26-0000. A copy of the development agreement is attached as Attachment 40.

On August 31, 2022, Merchants Barstow 14 LLC paid its initial application fee to the City for its cannabis business permit. Thereafter, Merchants Barstow 14 LLC failed to pay its annual cannabis business permit renewal application fee during fiscal year(s) 2024/2025.

On January 21, 2025, the City sent Merchants Barstow 14 LLC a letter informing it of its breach, providing it with 35 days to cure, and notifying it of the City’s intent to terminate the development agreement at a public hearing at Barstow City Hall on March 17, 2025 at 7:00 p.m. Merchants Barstow 14 LLC failed to cure the breach within 35 days of the City’s letter. A copy of the City’s notice of default to Operator is attached as Attachment 41. A resolution terminating the development agreement is attached as Attachment 42.
14 Packet Pg. 234
Regular Meeting
03/17/25 05:30 PM
Planning
Amy Sanchez
Resolution
Doc ID: 5914

AGENDA ITEM
Attachment 1 - Development Agreement with Winners Circle HD, LLC Attachment 2 - January 21, 2025 Notice of Breach/Default to Winners Circle HD, LLC Attachment 3 - Resolution Terminating Development Agreement with Winners Circle HD, LLC Attachment 4 - Development Agreement with Sky Club HD, LLC Attachment 5 - January 21, 2025 Notice of Breach/Default Sky Club HD, LLC Attachment 6 - Resolution Terminating Development Agreement with Sky Club HD, LLC Attachment 7 - Development Agreement with LA 2 Vegas, Inc.

Attachment 8 - January 21, 2025 Notice of Breach/Default to LA 2 Vegas, Inc.

Attachment 9 - Resolution Terminating Development Agreement with LA 2 Vegas, Inc.

Attachment 10 - Development Agreement with Barstow Company, Inc Attachment 11 - January 21, 2025 Notice of Breach/Default to Barstow Company, Inc Attachment 12 - Resolution Terminating Development Agreement with Barstow Company, Inc Attachment 13 - Development Agreement with 1919 Building, Inc.

Attachment 14 - January 21, 2025 Notice of Breach/Default to 1919 Building, Inc.

Attachment 15 - Resolution Terminating Development Agreement with 1919 Building, Inc.

Attachment 16 - Development Agreement with Grow Organic 5, Inc.

Attachment 17 - January 21, 2025 Notice of Breach/Default to Grow Organic 5, Inc.

Attachment 18 - Resolution Terminating Development Agreement with Grow Organic 5, Inc. 14 Packet Pg. 235
Regular Meeting
03/17/25 05:30 PM
Planning
Amy Sanchez
Resolution
Doc ID: 5914

AGENDA ITEM
Attachment 19 - Development Agreement with Grow Organic 6, Inc.

Attachment 20 - January 21, 2025 Notice of Breach/Default to Grow Organic 6, Inc.

Attachment 21 - Resolution Terminating Development Agreement with Grow Organic 6, Inc.

Attachment 22 - Development Agreement with Grow Organic 11, Inc.

Attachment 23 - January 21, 2025 Notice of Breach/Default to Grow Organic 11, Inc.

Attachment 24 - Resolution Terminating Development Agreement with Grow Organic 11, Inc.

Attachment 25 - Development Agreement with Grow Organic 12, Inc Attachment 26 - January 21, 2025 Notice of Breach/Default to Grow Organic 12, Inc Attachment 27 - Resolution Terminating Development Agreement with Grow Organic 12, Inc Attachment 28 - Development Agreement with Merchants Barstow LLC Attachment 29 - January 21, 2025 Notice of Breach/Default to Merchants Barstow LLC Attachment 30 - Resolution Terminating Development Agreement with Merchants Barstow LLC Attachment 31 - Development Agreement with Merchants Barstow 3 LLC Attachment 32 - January 21, 2025 Notice of Breach/Default to Merchants Barstow 3 LLC Attachment 33 - Resolution Terminating Development Agreement with Merchants Barstow 3 LLC Attachment 34 - Development Agreement with Merchants Barstow 4 LLC Attachment 35 - January 21, 2025 Notice of Breach/Default to Merchants Barstow 4 LLC Attachment 36 - Resolution Terminating Development Agreement with Merchants Barstow 4 LLC Attachment 37 - Development Agreement with Merchants Barstow 13 LLC Attachment 38 - January 21, 2025 Notice of Breach/Default to Merchants Barstow 13 LLC 14 Packet Pg. 236
Regular Meeting
03/17/25 05:30 PM
Planning
Amy Sanchez
Resolution
Doc ID: 5914

AGENDA ITEM
Attachment 39 - Resolution Terminating Development Agreement with Merchants Barstow 13 LLC Attachment 40 - Development Agreement with Merchants Barstow 14 LLC Attachment 41 - January 21, 2025 Notice of Breach/Default to Merchants Barstow 14 LLC Attachment 42 - Resolution Terminating Development Agreement with Merchants Barstow 14 LLC FISCAL IMPACT:

The City is not expected to incur any negative fiscal impact from terminating these development agreements.

RECOMMENDED ACTION:

If the development agreements are terminated, then the City plans to assess its options for how to best use the properties.
14 Packet Pg. 237

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RESOLUTION NO. XXXXX-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW,

CALIFORNIA APPROVING THE TERMINATION OF THE COMMERCIAL

CANNABIS BUSINESS DEVELOPMENT AGREEMENT AND ALL

ADDENDA THERETO PREVIOUSLY ENTERED INTO BETWEEN THE

CITY OF BARSTOW AND WINNERS CIRCLE HD, LLC
WHEREAS, the City of Barstow (the “City”) entered into a Commercial Cannabis Business Development Agreement (“Development Agreement”) with [Operator] (“Operator”) on [date] concerning the property located at 2588 Mercantile Way Building 18B (APN 0428-211-26- 0000); and
WHEREAS, the Development Agreement required Operator to comply with all provisions of Barstow Municipal Code Chapter 19.27, et seq.; and
WHEREAS, the Development Agreement and Barstow Municipal Code Chapter 19.27 required Operator to obtain a cannabis business permit and pay a cannabis permit application fee prior to operating a cannabis business within the City; and WHEREAS, the Development Agreement and Barstow Municipal Code Chapter 19.27 required Operator to annually renew its permit and pay the permit renewal fee established by City Council resolution; and
WHEREAS, City Council Resolution No. 5096-2022 set the cannabis renewal application fee for permits renewed in fiscal year 2023 at $14,107.85; and WHEREAS, City Council Resolution No. 5169-2024 set the cannabis renewal application fee for permits renewed in fiscal year 2024 at $14,107.85; and WHEREAS, Operator breached the Development Agreement by failing to pay the required permit renewal fee to the City for fiscal year(s) 2023/2024 and 2024/2025 as required by the Development Agreement and Barstow Municipal Code Chapter 19.27; and WHEREAS, the Development Agreement allows the City to terminate the Development Agreement after providing Operator with written notice specifying the nature of the breach, specifying the manner in which Operator could cure the breach, and providing the Operator at least 30 days to cure the breach, if Operator fails to cure the breach; and WHEREAS, Barstow Municipal Code Section 19.46.080 requires the City to give notice to the Developer of its intention to terminate a Development Agreement; and WHEREAS, the City served Operator with a notice of default with right to cure on January 21, 2025 that provided Operator 35 days to cure the breach in compliance with the development agreement and Barstow Municipal Code Section 19.46.080; and WHEREAS, Operator failed to cure the breach(es) and is in default of the Development Agreement; and

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WHEREAS, the City has the right to terminate the Development Agreement due to Operator’s breach(es) of the Development Agreement and Barstow Municipal Code Chapter 19.27 and Operator’s failure to timely cure said breach(es); and WHEREAS, pursuant to Section 15061(b)(3) of the State Guidelines to implement the California Environmental Quality Act (CEQA), there is no possibility the proposed cancellation will have a significant effect upon the environment and, therefore, it is exempt from CEQA; and WHEREAS, on March 17, 2025, the City Council conducted a duly noticed and advertised public hearing on the Development Agreement;

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

SECTION 1. The above recitals are true and correct and are a substantive part of this resolution.

SECTION 2. The City Council so finds and determines that the termination and cancellation of this Development Agreement is consistent with the objectives, policies, land uses, and programs specified in the General Plan; complies with the other standards and criteria required in Chapter 19.46 of the Barstow Municipal Code, is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the property is located; is in conformity with public convenience, general welfare, and good land use practices; will not be detrimental to the health, safety, and general welfare; and will not adversely affect the orderly development of the property. Termination and cancellation of the Development Agreement will stop Operator’s unpaid fees owed to the City from continuing to accumulate and enable another cannabis business to operate at the property in compliance with all development agreement and city code requirements. The City Council finds that Operator’s substantial default has been ongoing for a long period of time and the Development Agreement should be terminated.

SECTION 3. Based upon the above findings and determinations, the City Council by adoption of this Resolution does hereby terminate and cancel said Development Agreement, which was originally approved by Ordinance No. 1012-2022, adopted on January 17, 2023 concerning the property located at 2588 Mercantile Way, Building 18B, APN 0428-211-26-000.

SECTION 4. The respective officers and staff of the City are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, including, without limitation, sending a copy of this Resolution to Operator and the owner of the premises identified in the Development Agreement and preparing and recording a Termination of Development Agreement against the property.

SECTION 5. The City Clerk shall certify the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this ____ day of ______, 2025, by the following vote:
__________________________________
Timothy Silva, Mayor

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ATTEST:
__________________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. XXXX-2025 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the March 17, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Andrea Flores, City Clerk

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Packet Pg. 366 Attachment: Attachment 5 - 01/21/25 Notice of Breach/Default Sky Club HD (5914 : Consideration of Development Agreement Terminations for 390572.1
RESOLUTION NO. XXXXX-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW,

CALIFORNIA APPROVING THE TERMINATION OF THE COMMERCIAL

CANNABIS BUSINESS DEVELOPMENT AGREEMENT AND ALL

ADDENDA THERETO PREVIOUSLY ENTERED INTO BETWEEN THE

CITY OF BARSTOW AND SKY CLUB HD, LLC
WHEREAS, the City of Barstow (the “City”) entered into a Commercial Cannabis Business Development Agreement (“Development Agreement”) with [Operator] (“Operator”) on [date] concerning the property located at 2588 Mercantile Way, Building 18A (APN 0428-211- 26-0000); and
WHEREAS, the Development Agreement required Operator to comply with all provisions of Barstow Municipal Code Chapter 19.27, et seq.; and
WHEREAS, the Development Agreement and Barstow Municipal Code Chapter 19.27 required Operator to obtain a cannabis business permit and pay a cannabis permit application fee prior to operating a cannabis business within the City; and WHEREAS, the Development Agreement and Barstow Municipal Code Chapter 19.27 required Operator to annually renew its permit and pay the permit renewal fee established by City Council resolution; and
WHEREAS, City Council Resolution No. 5096-2022 set the cannabis renewal application fee for permits renewed in fiscal year 2023 at $14,107.85; and WHEREAS, City Council Resolution No. 5169-2024 set the cannabis renewal application fee for permits renewed in fiscal year 2024 at $14,107.85; and WHEREAS, Operator breached the Development Agreement by failing to pay the required permit renewal fee to the City for fiscal year(s) 2024/2025 as required by the Development Agreement and Barstow Municipal Code Chapter 19.27; and WHEREAS, the Development Agreement allows the City to terminate the Development Agreement after providing Operator with written notice specifying the nature of the breach, specifying the manner in which Operator could cure the breach, and providing the Operator at least 30 days to cure the breach, if Operator fails to cure the breach; and WHEREAS, Barstow Municipal Code Section 19.46.080 requires the City to give notice to the Developer of its intention to terminate a Development Agreement; and WHEREAS, the City served Operator with a notice of default with right to cure on January 21, 2025 that provided Operator 35 days to cure the breach in compliance with the development agreement and Barstow Municipal Code Section 19.46.080; and WHEREAS, Operator failed to cure the breach(es) and is in default of the Development Agreement; and

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WHEREAS, the City has the right to terminate the Development Agreement due to Operator’s breach(es) of the Development Agreement and Barstow Municipal Code Chapter 19.27 and Operator’s failure to timely cure said breach(es); and WHEREAS, pursuant to Section 15061(b)(3) of the State Guidelines to implement the California Environmental Quality Act (CEQA), there is no possibility the proposed cancellation will have a significant effect upon the environment and, therefore, it is exempt from CEQA; and WHEREAS, on March 17, 2025, the City Council conducted a duly noticed and advertised public hearing on the Development Agreement;

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

SECTION 1. The above recitals are true and correct and are a substantive part of this resolution.

SECTION 3. Based upon the above findings and determinations, the City Council by adoption of this Resolution does hereby terminate and cancel said Development Agreement, which was originally approved by Ordinance No. 2011-2022, adopted on January 17, 2023 concerning the property located at 2588 Mercantile Way, Building 18A, APN 0428-211-26-0000.

SECTION 5. The City Clerk shall certify the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this ____ day of ______, 2025, by the following vote:
__________________________________
Timothy Silva, Mayor

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Packet Pg. 368 Attachment: Attachment 6 - Reso Terminating DA - Sky Club (5914 : Consideration of Development Agreement Terminations for Commercial 390572.1
ATTEST:
__________________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. XXXX-2025 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the March 17, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Andrea Flores, City Clerk

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Packet Pg. 369 Attachment: Attachment 6 - Reso Terminating DA - Sky Club (5914 : Consideration of Development Agreement Terminations for Commercial - 1 - Development Agreement – LA 2 Vegas, Inc
07/10/2023

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
TO:

COMMERCIAL CANNABIS BUSINESS DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF BARSTOW AND
BARSTOW OUTLET LLC AND LA 2 VEGAS 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 LA 2 Vegas, Inc, a California corporation (“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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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 14,256 rentable square feet located 2596 Mercantile Way, Building # 22, 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: One (1) buildings, located on a single parcel, with a combined 14,256 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 – Type – Small 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;

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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.

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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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.

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 2596 Mercantile Way, Building #22, 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: LA 2 Vegas, 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

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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.

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.
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.

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

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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.

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.

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.

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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.

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.

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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.

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.

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].

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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 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.

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

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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.

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

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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:

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 Address Building No. Size (SF)
2596 Mercantile Way Building 22 14,256

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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.

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 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.

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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.

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.
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.

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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.

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.

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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.

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.

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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.

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.

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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.

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.

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

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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.

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

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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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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.

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.

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.

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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.

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.

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 non14.g Packet Pg. 394 Attachment: Attachment 7 - DA - LA 2 Vegas (5914 : Consideration of Development Agreement Terminations for Commercial Cannabis - 26 - Development Agreement – LA 2 Vegas, Inc
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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.

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. 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 acknowledgesit may take the City approximately three (3) months to process a transfer 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,

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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:

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
[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: LA 2 Vegas, Inc
7727 Via Napoli
Burbank, CA 91506
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.

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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).

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

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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: Mayor
Attest:
______________________________
City Clerk
Approved to as Form:
______________________________
City Attorney
“OPERATOR”
Date: , 2022
LA 2 VEGAS, INC
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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Packet Pg. 408 Attachment: Attachment 8 - 01/21/25 Notice of Breach/Default - LA 2 Vegas (5914 : Consideration of Development Agreement Terminations for 390572.1
RESOLUTION NO. XXXXX-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW,

CALIFORNIA APPROVING THE TERMINATION OF THE COMMERCIAL

CANNABIS BUSINESS DEVELOPMENT AGREEMENT AND ALL

ADDENDA THERETO PREVIOUSLY ENTERED INTO BETWEEN THE
CITY OF BARSTOW AND LA 2 VEGAS, INC.

WHEREAS, the City of Barstow (the “City”) entered into a Commercial Cannabis Business Development Agreement (“Development Agreement”) with [Operator] (“Operator”) on [date] concerning the property located at 2596 Mercantile Way, Building 22 (APN 0428-211-26- 0000); and
WHEREAS, the Development Agreement required Operator to comply with all provisions of Barstow Municipal Code Chapter 19.27, et seq.; and
WHEREAS, the Development Agreement and Barstow Municipal Code Chapter 19.27 required Operator to obtain a cannabis business permit and pay a cannabis permit application fee prior to operating a cannabis business within the City; and WHEREAS, the Development Agreement and Barstow Municipal Code Chapter 19.27 required Operator to annually renew its permit and pay the permit renewal fee established by City Council resolution; and
WHEREAS, City Council Resolution No. 5096-2022 set the cannabis renewal application fee for permits renewed in fiscal year 2023 at $14,107.85; and WHEREAS, City Council Resolution No. 5169-2024 set the cannabis renewal application fee for permits renewed in fiscal year 2024 at $14,107.85; and WHEREAS, Operator breached the Development Agreement by failing to pay the required permit renewal fee to the City for fiscal year(s) 2024/2025 as required by the Development Agreement and Barstow Municipal Code Chapter 19.27; and WHEREAS, the Development Agreement allows the City to terminate the Development Agreement after providing Operator with written notice specifying the nature of the breach, specifying the manner in which Operator could cure the breach, and providing the Operator at least 30 days to cure the breach, if Operator fails to cure the breach; and WHEREAS, Barstow Municipal Code Section 19.46.080 requires the City to give notice to the Developer of its intention to terminate a Development Agreement; and WHEREAS, the City served Operator with a notice of default with right to cure on January 21, 2025 that provided Operator 35 days to cure the breach in compliance with the development agreement and Barstow Municipal Code Section 19.46.080; and WHEREAS, Operator failed to cure the breach(es) and is in default of the Development Agreement; and

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WHEREAS, the City has the right to terminate the Development Agreement due to Operator’s breach(es) of the Development Agreement and Barstow Municipal Code Chapter 19.27 and Operator’s failure to timely cure said breach(es); and WHEREAS, pursuant to Section 15061(b)(3) of the State Guidelines to implement the California Environmental Quality Act (CEQA), there is no possibility the proposed cancellation will have a significant effect upon the environment and, therefore, it is exempt from CEQA; and WHEREAS, on March 17, 2025, the City Council conducted a duly noticed and advertised public hearing on the Development Agreement;

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

SECTION 1. The above recitals are true and correct and are a substantive part of this resolution.

SECTION 3. Based upon the above findings and determinations, the City Council by adoption of this Resolution does hereby terminate and cancel said Development Agreement, which was originally approved by Ordinance No. 1017-2022, adopted on January 17, 2023 concerning the property located at 2596 Mercantile Way, Building 22, APN 0428-211-26-0000.

SECTION 5. The City Clerk shall certify the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this ____ day of ______, 2025, by the following vote:
__________________________________
Timothy Silva, Mayor

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Packet Pg. 410 Attachment: Attachment 9 - Reso Terminating DA - LA 2 Vegas (5914 : Consideration of Development Agreement Terminations for Commercial 390572.1
ATTEST:
__________________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. XXXX-2025 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the March 17, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Andrea Flores, City Clerk

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Packet Pg. 411 Attachment: Attachment 9 - Reso Terminating DA - LA 2 Vegas (5914 : Consideration of Development Agreement Terminations for Commercial - 1 - Development Agreement – Barstow Company Inc
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RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
TO:

COMMERCIAL CANNABIS BUSINESS DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF BARSTOW AND

BARSTOW OUTLET LLC AND BARSTOW COMPANY 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 Barstow Company, Inc., a California corporation (“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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Packet Pg. 412 Attachment: Attachment 10 - DA - Barstow Company (5914 : Consideration of Development Agreement Terminations for Commercial Cannabis - 2 - Development Agreement – Barstow Company Inc.
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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 14,080 rentable square feet located 2592 Mercantile Way, Building # 20, 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.

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Packet Pg. 413 Attachment: Attachment 10 - DA - Barstow Company (5914 : Consideration of Development Agreement Terminations for Commercial Cannabis - 3 - Development Agreement – Barstow Company Inc.
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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: One (1) buildings, located on a single parcel, with a combined 14,080 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 – Type – Small Indoor
2) 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;
WHEREAS, City agrees that Owner’s land use entitlements for the Project shall vest for the term of this Agreement as described below;

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Packet Pg. 414 Attachment: Attachment 10 - DA - Barstow Company (5914 : Consideration of Development Agreement Terminations for Commercial Cannabis - 4 - Development Agreement – Barstow Company Inc.
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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. 415 Attachment: Attachment 10 - DA - Barstow Company (5914 : Consideration of Development Agreement Terminations for Commercial Cannabis - 5 - Development Agreement – Barstow Company Inc.
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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 2592 Mercantile Way, Building #20, 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: Barstow Company, 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

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Packet Pg. 416 Attachment: Attachment 10 - DA - Barstow Company (5914 : Consideration of Development Agreement Terminations for Commercial Cannabis - 6 - Development Agreement – Barstow Company Inc.
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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.

License Description State License Type(s)
Cultivation Indoor Types 1A/2A/3A/5A
Cultivation Nursery Type 4
Cultivation Processor Processor
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.

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Packet Pg. 417 Attachment: Attachment 10 - DA - Barstow Company (5914 : Consideration of Development Agreement Terminations for Commercial Cannabis - 7 - Development Agreement – Barstow Company Inc.
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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.

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Packet Pg. 418 Attachment: Attachment 10 - DA - Barstow Company (5914 : Consideration of Development Agreement Terminations for Commercial Cannabis - 8 - Development Agreement – Barstow Company Inc.
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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. 419 Attachment: Attachment 10 - DA - Barstow Company (5914 : Consideration of Development Agreement Terminations for Commercial Cannabis - 9 - Development Agreement – Barstow Company Inc.
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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.
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. 420 Attachment: Attachment 10 - DA - Barstow Company (5914 : Consideration of Development Agreement Terminations for Commercial Cannabis - 10 - Development Agreement – Barstow Company Inc.
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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.

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Packet Pg. 421 Attachment: Attachment 10 - DA - Barstow Company (5914 : Consideration of Development Agreement Terminations for Commercial Cannabis - 11 - Development Agreement – Barstow Company Inc.
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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 will not store commercial cannabis or related products in its delivery vehicle outside normal operating hours of the facility.

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Packet Pg. 422 Attachment: Attachment 10 - DA - Barstow Company (5914 : Consideration of Development Agreement Terminations for Commercial Cannabis - 12 - Development Agreement – Barstow Company Inc.
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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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Packet Pg. 423 Attachment: Attachment 10 - DA - Barstow Company (5914 : Consideration of Development Agreement Terminations for Commercial Cannabis - 13 - Development Agreement – Barstow Company Inc.
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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 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

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Packet Pg. 424 Attachment: Attachment 10 - DA - Barstow Company (5914 : Consideration of Development Agreement Terminations for Commercial Cannabis - 14 - Development Agreement – Barstow Company Inc.
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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.

Address Building No. Size (SF)
2592 Mercantile Way Building 20 14,080

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Packet Pg. 425 Attachment: Attachment 10 - DA - Barstow Company (5914 : Consideration of Development Agreement Terminations for Commercial Cannabis - 15 - Development Agreement – Barstow Company Inc.
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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.

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Packet Pg. 426 Attachment: Attachment 10 - DA - Barstow Company (5914 : Consideration of Development Agreement Terminations for Commercial Cannabis - 16 - Development Agreement – Barstow Company Inc.
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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.

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Packet Pg. 427 Attachment: Attachment 10 - DA - Barstow Company (5914 : Consideration of Development Agreement Terminations for Commercial Cannabis - 17 - Development Agreement – Barstow Company Inc.
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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 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

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

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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 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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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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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.

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Packet Pg. 432 Attachment: Attachment 10 - DA - Barstow Company (5914 : Consideration of Development Agreement Terminations for Commercial Cannabis - 22 - Development Agreement – Barstow Company Inc.
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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:
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. 433 Attachment: Attachment 10 - DA - Barstow Company (5914 : Consideration of Development Agreement Terminations for Commercial Cannabis - 23 - Development Agreement – Barstow Company Inc.
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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.

Barstow City CouncilMarch 17, 2025

Barstow City Council
March 17, 2025