15.f
Packet Pg. 325 Attachment: 26 Gann Limit Attachment - City (6022 : FY 2025/2026 Budget Approval for City and BFPD) 1 BARSTOW FIRE PROTECTION DISTRICT
RESOLUTION NO. XXXX-2025
RESOLUTION OF THE BOARD OF DIRECTORS OF THE BARSTOW
FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO,
CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR
FISCAL YEAR 2025/2026 IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE I OF THE CALIFORNIA GOVERNMENT CODE.
WHEREAS, Article XIII B of the Constitution of the State of California as proposed by the Initiative Measure approved by the people at the special statewide election held on November 6, 1979, provides that the total annual appropriations limit of such entity for the prior year be adjusted for changes in the cost of living and population except as otherwise specifically provided for in said Articles; and
WHEREAS, the State Legislature added Division 9 (commencing with Section 7900) to Title I of the Government Code of the State of California to implement Article XIII B of the California Constitution; and
WHEREAS, Section 7910 of the Government Code provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year pursuant to Article XIII B at a regularly scheduled meeting or a noticed special meeting and that fifteen days prior to such meeting, documentation used in the determination of the appropriations limit shall be available to the public; and WHEREAS, Section 7902(a) of the Government Code sets forth the method for determining the appropriations limit for each local jurisdiction; and WHEREAS, the Board of Directors of the Barstow Fire Protection District wishes to establish the appropriations limit for Fiscal Year 2025/2026; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Barstow Fire Protection District, County of San Bernardino, California, as follows:
Section 1: That it is hereby found and determined that the documentation used in the determination of the appropriations limit for the Barstow Fire Protection District for Fiscal Year 2025/2026 was available to the public in the Barstow Fire District office, City Clerk’s office and Finance Department of said City at least fifteen days prior to this date.
Section 2: That the appropriations limit for the Barstow Fire Protection District was established in accordance with Section 7902(a) of the California Government Code is $10,115,604. The District is $4,175,604 under the limit.
BFPD Resolution No. 5166-2024
15.g
Packet Pg. 326 Attachment: 26 Gann Limit Attachment - Fire (6022 : FY 2025/2026 Budget Approval for City and BFPD) 2 PASSED AND ADOPTED RESOLUTION ON THIS 17th DAY OF JUNE, 2025. _____________________________
Timothy R. Silvia, Chair Barstow Fire
Protection District
ATTEST:
_______________________________
Andrea Flores, Board Secretary
I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Board Secretary of the Barstow Fire Protection District, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of BFPD Resolution No.
XXXX-2024 of said Council which was adopted at its regular meeting of June 17, 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Andrea Flores, Board Secretary
BFPD Resolution No. XXXX-2025
15.g
Packet Pg. 327 Attachment: 26 Gann Limit Attachment - Fire (6022 : FY 2025/2026 Budget Approval for City and BFPD)
BARSTOW FIRE PROTECTION DISTRICT
APPROPRIATIONS LIMIT CALCULATION
FISCAL YEAR 2025/2026
$ 9,461,941
0.44%
6.44%
1.06908336
$ 10,115,604
5,940,000
$ (10,115,604)
FY 2024/2025 Appropriations Limit
Change in County Population* = 0.44% OR
Change in City and Unincorporated County Population growth* = -0.55% and -0.22% Change in Non-Residential Assessed Valuation** = 10.05% OR Change in Per Capita Income* = 6.44%
Cumulative Compound Change Factor
(1.0644 X 1.0044)
FY 2025/2026 Appropriations Limit
SUMMARY
FY 2025/2026 Net Proceeds of Taxes Subject to the Limit Less: FY 2025/2026 Appropriation Limit
Budget Appropriation Over (Under) the Limit $ (4,175,604) *Number provided from Department of Finance
**Number provided from HDL
15.g
Packet Pg. 328 Attachment: 26 Gann Limit Attachment - Fire (6022 : FY 2025/2026 Budget Approval for City and BFPD) May 2025
Dear Fiscal Officer:
Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code Section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2025, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2025-26. Attachment A provides the change in California’s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2025-26 appropriations limit. Attachment B provides the city and unincorporated county population percentage change along with the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.
Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code Section 2228 provides additional information regarding the appropriations limit.
Article XIII B, Section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website: http://leginfo.legislature.ca.gov/faces/codes.xhtml.
Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.
Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code Section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2025.
Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.
If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.
JOE STEPHENSHAW
Director
By:
ERIKA LI
Chief Deputy Director
Attachment
15.g
Packet Pg. 329 Attachment: 26 Gann Limit Attachment - Fire (6022 : FY 2025/2026 Budget Approval for City and BFPD) May 2025
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2025-26 appropriation limit is:
Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2025-26 6.44
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2025-26 appropriation limit.
2025-26:
Per Capita Cost of Living Change = 6.44 percent
Population Change = 0.28 percent
Per Capita Cost of Living converted to a ratio: 6.44 + 100 = 1.0644 100
Population converted to a ratio: 0.28 + 100 = 1.0028
100
Calculation of factor for FY 2025-26: 1.0644 x 1.0028 = 1.0674
15.g
Packet Pg. 330 Attachment: 26 Gann Limit Attachment - Fire (6022 : FY 2025/2026 Budget Approval for City and BFPD) FISCAL YEAR 2025-26
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2024 to January 1, 2025 and Total Population January 1, 2025 City County Percent Change 24-25
Population Minus
Exclusions 1-1-24
Population Minus
Exclusions 1-1-25 Total Population 1-1-25
Adelanto City San Bernardino 1.42 36,629 37,150 37,150
Apple Valley Town San Bernardino -0.11 75,339 75,255 75,262 Barstow City San Bernardino -0.55 24,634 24,498 24,811
Big Bear Lake City San Bernardino -0.48 4,977 4,953 4,953 Chino City San Bernardino 1.76 90,123 91,712 95,206
Chino Hills City San Bernardino -0.18 77,452 77,314 77,314 Colton City San Bernardino -0.42 53,505 53,278 53,278
Fontana City San Bernardino 0.96 217,084 219,172 219,172 Grand Terrace City San Bernardino -0.51 12,868 12,803 12,803 Hesperia City San Bernardino 0.54 101,248 101,792 101,792 Highland City San Bernardino 1.16 56,436 57,088 57,088
Loma Linda City San Bernardino -0.19 25,323 25,276 25,322 Montclair City San Bernardino -0.38 37,670 37,526 37,526 Needles City San Bernardino -0.54 4,817 4,791 4,791
Ontario City San Bernardino 0.84 182,875 184,404 184,404 Rancho Cucamonga City San Bernardino 0.44 175,227 175,992 175,992 Redlands City San Bernardino 0.10 73,416 73,488 73,488
Rialto City San Bernardino 1.09 104,426 105,565 105,565 San Bernardino City San Bernardino 0.08 221,218 221,387 222,727 Twentynine Palms City San Bernardino 7.84 14,775 15,934 24,257 Upland City San Bernardino -0.23 79,326 79,140 79,140
Victorville City San Bernardino 0.49 135,981 136,652 141,013 Yucaipa City San Bernardino 0.51 54,561 54,838 54,838
Yucca Valley Town San Bernardino 0.03 22,021 22,027 22,027 Balance of County San Bernardino -0.22 290,454 289,811 297,505 Incorporated San Bernardino 0.54 1,881,931 1,892,035 1,909,919 County Total San Bernardino 0.44 2,172,385 2,181,846 2,207,424 *Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.
15.g
Packet Pg. 331 Attachment: 26 Gann Limit Attachment - Fire (6022 : FY 2025/2026 Budget Approval for City and BFPD)
NONRESIDENTIAL NEW CONSTRUCTION
BARSTOW FIRE PROTECTION
FOR USE IN CALCULATING 2025/26 GANN LIMIT
2023/24 TO 2024/25 TAX YEARS - IN PARCEL NUMBER ORDER
Current Year
Improvements
Prior Year
Parcel Use Category Owner Improvements
Percent
Change
0181-076-05-0000 Commercial Seligman Living Trust 31,200 35,000 + 12.2% 0181-102-11-0000 Commercial Krommenhoek Barbara 104,500 107,600 + 3.0% 0181-321-04-0000 Institutional Desert Inheritance Ministries Inc 200,000 230,000 + 15.0% 0181-592-01-8000 Miscellaneous Golden State Water Company 211,000 240,000 + 13.7% 0181-632-12-0000 Commercial Rajdeep Family Living Trust 12 21 23 0 25,000 + 99,999.9% 0181-841-01-0000 Commercial Tcm Lewis Enterprises 352,145 583,588 + 65.7% 0182-113-18-8000 Miscellaneous Golden State Water Company 112,000 127,000 + 13.4% 0183-171-24-0000 Commercial Mr Sodhi Inc 0 449,000 + 99,999.9% 0183-321-16-0000 Commercial Theme Family Lp 693,600 721,300 + 4.0% 0183-501-88-8000 Miscellaneous Golden State Water Company 40,000 45,000 + 12.5% 0421-313-21-0000 Commercial 2567 Commerce Way Llc 0 1,632,000 + 99,999.9% 0424-081-44-0000 Industrial Quinn Enterprises Lp 39,525 49,042 + 24.1% 0426-061-09-8000 Miscellaneous Golden State Water Company 416,000 472,000 + 13.5% 0428-351-08-0000 Commercial Barstow Hospitality Llc 4,250,000 14,000,000 + 229.4% 0497-113-06-8000 Miscellaneous Golden State Water Company 330,000 375,000 + 13.6% 15 Parcels Listed 6,779,970 19,091,530 + 181.6%
This calculation reflects the 2024/25 increase in taxable values for this city due to non-residential new construction as a percentage of the total taxable value Increase (as of the 2024/25 lien year roll date). This percentage may be used as an alternative to the change in California per-capita personal income for calculating a taxing agency's annual adjustment of its Appropriation Limit pursuant to Article XIIIB of the State Constitution as Amended by Proposition 111 in June, 1990.
12,311,560
-135,599
12,175,961
121,196,524
10.05%
Total Change in Non-Residential Valuation Due to New Development Less Automatic 2.000% Assessors's Inflation Adjustment
Actual Change in Non-Residential Valuation
Change in Total Assessed Value
= Alternate 2025/26 Appropriations Limit Factor
Includes taxable primary parcels with known nonresidential use codes, no prior lien year transfers, and improvement value increases greater than 2.0% Change in Total Assessed Value is the assessed value change of the locally assessed secured and unsecured tax rolls .
This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone Data Source: San Bernardino County Assessor 2024/25 Secured Tax Rolls Prepared On 3/18/2025 By DS
15.g
Packet Pg. 332 Attachment: 26 Gann Limit Attachment - Fire (6022 : FY 2025/2026 Budget Approval for City and BFPD) Joint Special Council/BFPD
06/17/25 05:30 PM
City Manager Department
Matthew Summers
Ordinance
Doc ID: 6025
AGENDA ITEM
AGENDA MATTER:
FIRST READING AND INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 9.74, AND AMENDING SECTIONS 19.14.030, 19.16.020, AND 19.16.030 OF THE BARSTOW MUNICIPAL CODE
REGARDING SMOKE SHOPS AND TOBACCO STORES
EXECUTIVE SUMMARY:
The proposed ordinance limits smoke shop and tobacco store property uses within the City of Barstow to the Commercial (c) and Diverse Use (DU) land use districts, subjects such uses to the issuance of a conditional use permit, limits the number of conditional use permits that may be issued for smoke shop and tobacco store uses, and allows the continued operation of lawfully existing smoke shop and tobacco stores.
DISCUSSION:
According to the Center for Disease Control and Prevention, cigarette smoking is estimated to cause more than 480,000 deaths annually.
In 2021, the City adopted Ordinance No. 969-2021 - City of Barstow Smoking Pollution Control Ordinance - to prohibit smoking and consumption of any and all kinds of cigarettes, cigars, pipes, all forms of vapes (including water based), water pipes, electronic cigarettes, and any other form of smoking in the places specified therein based upon its grave concerns about use of tobacco products.
At the November 2022 election, California voters approved Proposition 31, which banned most sales of flavored tobacco products and tobacco product flavor enhancers effective January 1, 2023. Proposition 31 does not preempt or otherwise prohibit the adoption of a local ordinance that imposes greater restrictions on the access to tobacco products than the restrictions imposed by Proposition 31.
There are currently 13 smoke shops and tobacco stores lawfully operating within the City of Barstow, but the City has no law expressly limiting the proliferation of smoke shops and tobacco stores with the City, which said proliferation would lead to the increased potential for tobacco sales to minors, greater opportunity for the sale of illegal drug paraphernalia that is marketed as tobacco paraphernalia, and heightened risk of negative aesthetic impacts, blight, and loss of property values of residential neighborhoods and businesses in close proximity to such uses.
Development of Retail Tobacco Sales Ordinances
Since at least late 2024, the City Council has contemplated the adoption of an ordinance addressing community health, safety, and general welfare concerns associated with retail tobacco sales within the City of Barstow.
At the October 7, 2024 City Council Meeting, a proposed ordinance regarding the creation of a tobacco retailer registration system (Tobacco Retailer Registration Ordinance) was introduced and had its first reading. Under the Tobacco Retailer Registration Ordinance, tobacco retailers within the City of Barstow would be required to apply for, obtain, and maintain a tobacco retailer registration from the City in order to engage in retail tobacco sales. The Tobacco Retailer Registration Ordinance outlined the registration application, renewal, and enforcement procedures while also establishing several general restrictions 16 Packet Pg. 333
Joint Special Council/BFPD
06/17/25 05:30 PM
City Manager Department
Matthew Summers
Ordinance
Doc ID: 6025
AGENDA ITEM
concerning retail tobacco sales. The City Council referred the Tobacco Retailer Registration Ordinance to the Rules and Policy Committee for consideration and to provide recommendations to the City Council.
At the January 28, 2025 Rules and Policy Committee meeting, the Committee requested several substantive and non-substantive changes to the draft ordinance. On February 25, 2025, the Rules and Policy Committee finalized their feedback for the City Council on Tobacco Retailer Registration Ordinance for consideration. The proposed ordinance required an amendment to the Master Fees Resolution to add the regulatory permit fee. A fee study for this permit and amendment to the Master Fees Resolution were prepared and provided to the Committee.
On March 17, 2025, the City Council received public comment and continued the Tobacco Retailer Registration Ordinance to the May 20, 2025 City Council meeting. The City Council also directed the Rules and Policy Committee to consider the proposed Tobacco Retailer Registration Ordinance further, in light of City Council questions and community and business owner feedback.
During the March 27, 2025 and April 29, 2025 Rules and Policy Committee meetings, the Committee considered both the Tobacco Retailer Registration Ordinance and an alternative proposed ordinance that addressed tobacco retailing concerns through a land use approach (“Smoke Shop and Tobacco Store Ordinance”).
After receiving public comment and considering both proposed ordinances, the Committee recommended pivoting the City’s approach to addressing tobacco retailing from the Tobacco Retailer Registration Ordinance to the Smoke Shop and Tobacco Store Ordinance. Rather than pursuing the full scope retailer registration approach applicable to largely all tobacco retailers within the City (e.g., gas stations, pharmacies, grocery stores, etc.) that would require substantial City resources to administer and enforce, the Committee recommended pursuing the land-use based approach that specifically focused on regulating and limiting the proliferation of smoke shop and tobacco store uses while creating much more robust protections for existing (legacy) smoke shops and tobacco stores. The land-use based approach would require less administrative oversight by the City, regulate those businesses primarily engaged in tobacco sales rather than all businesses that engage in any level of tobacco retailing, and proactively limit the availability of tobacco products.
Being satisfied with the form of the Smoke Shop and Tobacco Store Ordinance at the April 29, 2025 Rules and Policy Committee, the Committee recommended that the Smoke Shop and Tobacco Store Ordinance be brought before the City Council for additional feedback before being brought before the Planning Commission for consideration.
On May 7, 2025, the City Council discussed and provided feedback on the Smoke Shop and Tobacco Store Ordinance and ultimately reached a consensus to move forward with the Planning Commission’s consideration of the Smoke Shop and Tobacco Store Ordinance.
At the May 12, 2025 Planning Commission meeting, the Planning Commission considered the Smoke Shop and Tobaccos Store Ordinance and adopted a resolution (a) finding that the Smoke Shop and Tobacco Store Ordinance’s text amendments to Sections 19.14.030, 19.16.020, and 19.16.030 of the Barstow Municipal Code would be in the best interest of the City because they would improve the City’s land use regulations by furthering the City’s Land Use Element goals and advancing public health, safety, and welfare, and (b) recommending that the City Council approve the Smoke Shop and Tobacco Ordinance.
16 Packet Pg. 334
Joint Special Council/BFPD
06/17/25 05:30 PM
City Manager Department
Matthew Summers
Ordinance
Doc ID: 6025
AGENDA ITEM
Smoke Shop and Tobacco Store Ordinance Overview
The purpose of the Smoke Shop and Tobacco Store Ordinance is to limit the proliferation of smoke shops and tobacco stores within the City of Barstow and the associated negative impacts, including, without limitation, the greater opportunity for underage tobacco sales, the greater opportunity for the sale of illegal drug paraphernalia marketed as tobacco paraphernalia, and the heighted risk of negative aesthetic impacts.
The “smoke shops” and “tobacco stores” regulated by the Smoke Shop and Tobacco Store Ordinance are those businesses that primarily sell, distribute, deliver, display, offer, furnish, or market tobacco, tobacco products, or tobacco paraphernalia. The proposed ordinance would not regulate grocery stores, supermarkets, convenience stores, or other businesses that engage in the “ancillary sale” of tobacco, tobacco products, and tobacco paraphernalia.
Chapter 9.74 that would be created under the proposed ordinance provides that new smoke shops and tobacco stores are permitted land uses only in the Commercial Diverse Use land use districts and are subject to the issuance of conditional use permits. Chapter 9.74 also outlines applicable zoning and land use standards, including, without limitation, (a) smoke shops and tobacco stores must be at least 1,000 feet apart from one another, (b) smoke shops and tobacco stores must be at least 1,000 feet away from uses where children regularly gather, (c) and conditional use permits for smoke shops and tobacco stores may not be issued if there are ten or more smoke shops and tobacco stores lawfully operating within the City.
Chapter 9.74 also specifies standard conditions of approval for smoke shop and tobacco store conditional use permits, which include, without limitation, (a) no on-site tobacco consumption, (b) no sales to persons under age 21, (c) no self-service tobacco displays, and (d) no distribution of free or low cost tobacco products.
Chapter 9.74 preserves the right for existing “legacy” smoke shops and tobacco stores to continue operating as legal nonconforming uses without having to acquire a conditional use permit and regardless of their zoning designation. Legacy smoke shops and tobacco store owners may sell or transfer ownership of their businesses, which can continue to operate as a legacy smoke shop or tobacco store so long a new business license is obtained and the use resumes within six months of the ownership transfer.
The amendments to Sections 19.14.030, 19.16.020, and 19.16.030 of the Barstow Municipal Code update the City’s land use and zoning regulations to subject smoke shop and tobacco store uses to the issuance of conditional use permits and limit such uses to the Commercial and Diverse Use land use districts by:
1. Eliminating tobacco stores as permitted uses in the Commercial land use district by amending Barstow Municipal Code (“BMC”) section 19.16.020(2)(ss) to remove “tobacco stores” as a permitted use in the Commercial land use district;
2. Subjecting smoke shops and tobacco store uses in the Commercial (C) land use district to conditional use permits by amending BMC 19.16.030(25) to add smoke shops and tobacco stores to the list of uses permitted in the Commercial land use district subject to issuance of a conditional use permit.
3. Eliminating smoke shop and tobacco store uses as permitted uses in the Diverse Use (DU) land use district and subjecting them to conditional use permits by amending BMC sections 19.16.020 and 16 Packet Pg. 335
Joint Special Council/BFPD
06/17/25 05:30 PM
City Manager Department
Matthew Summers
Ordinance
Doc ID: 6025
AGENDA ITEM
19.16.030. Under BMC 19.12.020(3), any permitted use in the Commercial district is permitted in the Diverse Use district and any use in the Commercial district requiring a conditional use permit is allowed in the Diverse Use district subject to a conditional use permit. By amending BMC 19.16.020 and 19.16.030 (as discussed above), the propose ordinance eliminates tobacco store uses as permitted uses in the Diverse Use districts and only allows smoke shop and tobacco store uses in the Diverse Use districts subject to the City’s issuance of a conditional use permit.
4. Eliminating tobacco stores as a permitted use in the Human Services (HS) land use district by amending BMC section 19.14.030(1) to specifically exclude smoke shops and tobacco stores from the types of Commercial uses subject to conditional use permits that are permitted with the Human Services land use district.
California Environmental Quality Act
The draft ordinance is not subject to the California Environmental Quality Act (CEQA) under the general rule in CEQA guidelines Section 15061(b)(3) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that this ordinance will have a significant effect on the environment, therefore no further environmental review is necessary.
Attachment 1 - Ordinance Adding Chapter 9.74 to Title 9 of the Barstow Municipal Code and Amending Sections 19.14.030, 19.16.020, and 19.16.030 of the Barstow Municipal Code Regarding Smoke Shops and Tobacco Stores.
FISCAL IMPACT:
The implementation of the proposed Smoke Shop and Tobacco Store ordinance will involve some costs to the City associated with subjecting smoke shop and tobacco store uses to the issuance of conditional use permits, but these costs can be largely, if not wholly, offset by conditional use permit fees.
RECOMMENDED ACTION:
That the City Council continue the public hearing to July 15, 2025, and on July 15, 2025, to consider the introduction of Ordinance No. ______-2025 limiting the proliferation of Smoke Shops and Tobacco Stores with the City of Barstow and amending the Barstow Municipal Code to add a new chapter 9.74 and update sections 19.14.030, 19.16.020, and 19.16.030 of the Zoning Ordinance of the City of Barstow. 16 Packet Pg. 336
400430.1
ATTACHMENT 1
Draft Ordinance:
Adding Chapter 9.74 to Title 9 of the
Barstow Municipal Code and
Amending Sections 19.14.030, 19.16.020, and 19.16.030
of the Barstow Municipal Code
Regarding Smoke Shops and Tobacco Stores
16.a
Packet Pg. 337 Attachment: Ord Smoke Shops and Tobacco Stores (6025 : First Reading of Ordinance Re Smoke Shops and Tobacco Stores) ORDINANCE NO. ___-2025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BARSTOW ADDING CHAPTER 9.74 TO TITLE 9 OF THE BARSTOW MUNICIPAL CODE AND AMENDING SECTIONS 19.14.030, 19.16.020, AND 19.16.030 OF THE
BARSTOW MUNICIPAL CODE REGARDING
SMOKE SHOPS AND TOBACCO STORES
WHEREAS, the State Planning and Zoning Law (Government Code Sections 65000, et seq.) broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public health, safety, and welfare, and a balancing of property rights and the desires of the community and how its citizens envision their city; and
WHEREAS, the City adopted Ordinance No. 969-2021 – City of Barstow Smoking Pollution Control Ordinance – to prohibit smoking and consumption of any and all kinds of cigarettes, cigars, pipes, all forms of vapes (including water based), water pipes, electronic cigarettes, and any other form of smoking in the places specified therein based upon its grave concerns about use of tobacco products; and WHEREAS, California voters approved Proposition 31 at the November 2022 election, which banned most sales of flavored tobacco products and tobacco product flavor enhancers. The ban went into effect on January 1, 2023; and WHEREAS, Proposition 31 does not preempt or otherwise prohibit the adoption of a local ordinance that imposes greater restrictions on the access to tobacco products than the restrictions imposed by Proposition 31; and
WHEREAS, approximately 480,000 people die in the United States from tobacco-related diseases every year, making it the nation’s leading cause of preventable death; and WHEREAS, there are currently 11 smoke shops and tobacco stores lawfully operating within the City of Barstow, but the City has no law expressly limiting the proliferation of smoke shops and tobacco stores with the City, which said proliferation would lead to the increased potential for tobacco sales to minors, greater opportunity for the sale of illegal drug paraphernalia that is marketed as tobacco paraphernalia, and heightened risk of negative aesthetic impacts, blight, and loss of property values of residential neighborhoods and businesses in close proximity to such uses; and WHEREAS, pursuant to the City of Barstow’s police power, as granted under Article XI, section 7 of the California Constitution, the City Council of the City has the authority to enact and enforce ordinances and regulations for public health, safety, and welfare; and
16.a
Packet Pg. 338 Attachment: Ord Smoke Shops and Tobacco Stores (6025 : First Reading of Ordinance Re Smoke Shops and Tobacco Stores) WHEREAS, pursuant to its police powers, the City has the authority to regulate the sale of tobacco products in the City; and
WHEREAS, in order to protect public health, safety, and welfare, the City Council desires to adopt an ordinance that will regulate smoke shops and tobacco stores; NOW THEREFORE, the City Council of the City of Barstow does ordain as follows:
SECTION 1. Municipal Code Amendment. A new Chapter 9.74 titled “Smoke Shops and Tobacco Stores” is added to Title 9 of the Barstow Municipal Code to read as follows:
CHAPTER 9.74. - SMOKE SHOPS AND TOBACCO STORES
Sec. 9.74.010. - Purpose and intent.
The regulation of smoke shops and tobacco stores is necessary and in the interests of the public health, safety, and general welfare because there is the substantial likelihood of the proliferation of the establishment and operation of smoke shops and tobacco stores in the City of Barstow. The expansion of smoke shops and tobacco stores in the City would result in undesirable impacts to the community. Among these impacts are increased potential for underage tobacco sales, greater opportunity for the sale of illegal drug paraphernalia that is marketed as tobacco paraphernalia, and heightened risk of negative aesthetic impacts, blight, and loss of property values of residential neighborhoods and businesses in close proximity to such uses. This chapter is intended to be consistent with good zoning and planning practices to address such negative impacts of smoke shops and tobacco stores while providing a reasonable number of locations and zones for such shops/stores to locate within the City of Barstow.
Sec. 9.74.020. - Definitions.
The following words, terms, and phrases, whenever used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Ancillary sale” means where a grocery store, supermarket, convenience store, or similar market uses no more than 2 percent of its gross floor area, or 500 square feet, whichever is less, for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes, or tobacco. For any grocery store, convenience market, retail kiosk, or similar use consisting of 300 square feet or less, “ancillary sale” shall mean where no more than 5 square feet are used for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes, or tobacco. The display, sale, distribution, delivery, offering, furnishing, or marketing of e-cigarettes or any other tobacco products or tobacco paraphernalia, regardless of square footage used, is subject to the restrictions of this chapter and shall not constitute “ancillary sale” under any circumstances.
16.a
Packet Pg. 339 Attachment: Ord Smoke Shops and Tobacco Stores (6025 : First Reading of Ordinance Re Smoke Shops and Tobacco Stores) “E-cigarette” means any electronically actuated device or inhaler meant to simulate cigarette smoking that uses a heating element to vaporize a liquid solution, popularly referred to as “juice,” and that causes the user to exhale any smoke, vapor, or substance other than that produced by unenhanced human exhalation. The juice used in e-cigarettes typically contains nicotine, and for this reason e-cigarettes and their juice can be classified as both tobacco products and tobacco paraphernalia.
"Legacy smoke shop and tobacco store” means a smoke shop and tobacco store lawfully existing and operating within the City of Barstow as of the effective date of the ordinance adding this chapter to the Barstow Municipal Code. “Legacy smoke shop and tobacco store” includes a smoke shop and tobacco store lawfully existing and operating within the City of Barstow as of the effective date of the ordinance adding this chapter to the Barstow Municipal Code that lawfully changes ownership after the effective date of the ordinance adding this chapter to the Barstow Municipal Code so long as the new owner obtains a business license for the smoke shop and tobacco store within 180 days of acquiring the business.
“Smoke shop and tobacco store” means any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes, or tobacco as an ancillary sale shall not be defined as a “smoke shop and tobacco store” and shall not be subject to the restrictions in this chapter. “Tobacco” shall mean any preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body.
“Tobacco paraphernalia” shall mean any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in California Health and Safety Code Section 11007. Items or devices classified as tobacco paraphernalia include but are not limited to the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material so it can be ingested. Lighters and matches shall be excluded from the definition of tobacco paraphernalia. “Tobacco product” shall mean any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means.
For the purposes of this chapter, the term “tobacco product” excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.
16.a
Packet Pg. 340 Attachment: Ord Smoke Shops and Tobacco Stores (6025 : First Reading of Ordinance Re Smoke Shops and Tobacco Stores) Sec. 9.74.030. – Zoning and land use standards for smoke shops and tobacco stores.
(a) Notwithstanding any other provision of this Code to the contrary except as provided in this chapter, smoke shops and tobacco stores shall only be permitted in the following land use districts, subject to the provisions in this chapter, Title 19, and the issuance of a conditional use permit (CUP) in accordance with Barstow Municipal Code Chapter 19.30 – Conditional Uses:
(1) C (Commercial District)
(2) DU (Diverse Use District)
(b) Additional zoning and land use standards for smoke shops and tobacco stores shall be as follows:
(1) Smoke shops and tobacco stores shall not be located within 1,000 feet, measured from front door to front door, from a school (public or private), family day care home, childcare facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather.
(2) Smoke shops and tobacco stores shall not be located within 1,000 feet, measured from front door to front door, from another smoke shop and tobacco store.
(3) It is unlawful for a smoke shop and tobacco store to knowingly allow or permit a minor, not accompanied by his or her parent or legal guardian, to enter or remain within any smoke shop and tobacco store.
(4) Smoke shops and tobacco stores shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian.
At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke shop and tobacco store. It shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.
(5) The City shall not approve any conditional use permit if there are ten or more smoke shops and tobacco stores lawfully operating within the City of Barstow, inclusive of legacy smoke shops and tobacco stores.
(c) Standard conditions of approval for any conditional use permit shall, at minimum, include the following:
(1) No consumption of tobacco shall be permitted on the premises at any time.
16.a
Packet Pg. 341 Attachment: Ord Smoke Shops and Tobacco Stores (6025 : First Reading of Ordinance Re Smoke Shops and Tobacco Stores) (2) No sales may be solicited or conducted on the premises by persons under age
21. (3) No use of self-service tobacco, tobacco product, or tobacco paraphernalia displays shall be permitted.
(4) The conditional use permit shall become null and void if the smoke shop and tobacco store use is discontinued for a continuous period of at least six months or if there is a lapse in the smoke shop and tobacco store’s business license for a continuous period of at least six months.
(5) No distribution of free or low-cost tobacco, tobacco products, or tobacco paraphernalia, or coupons for said items, shall be permitted.
Sec. 9.74.040. – Legacy smoke shops and tobacco stores. (a) Legacy smoke shops and tobacco stores may continue to operate as follows, subject to the limitations set forth in subsection (b) of this section:
(1) As legal nonconforming uses in accordance with Barstow Municipal Code Chapter 19.38, except as otherwise provided in this chapter; (2) Without a conditional use permit; and
(3) Without complying with Barstow Municipal Code sections 9.74.030(a),
9.74.030(b)(1), or 9.74.030(b)(2).
(b) Legacy smoke shop and tobacco store uses are subject to all of the following limitations:
(1) The use may not be expanded or extended in any way. (2) The use may not changed, except to a use that conforms to the current land use regulations of the zone and other applicable current land use regulations. (3) If the use is discontinued for a continuous period of at least six months, or there is a lapse in the smoke shop and tobacco store’s business license for a continuous period of at least six months, the use shall not be reestablished. (4) Except as provided in this section, legacy smoke shops and tobacco stores must comply with all other provisions of this chapter.
SECTION 2. Municipal Code Amendment. Section 19.14.020 of the Barstow Municipal Code, titled “Uses requiring a permit” is hereby amended to read as follows, with additions denoted in underline and deletions noted in strikethrough:
16.a
Packet Pg. 342 Attachment: Ord Smoke Shops and Tobacco Stores (6025 : First Reading of Ordinance Re Smoke Shops and Tobacco Stores) Sec. 19.14.030. - Uses requiring a permit.
In this district, the following uses are permitted subject to the issuance of a conditional use permit (chapter 19.30):
(1) Any use permitted in the C district pursuant to section 19.16.030.with the exception of smoke shops and tobacco stores as defined in Barstow Municipal Code section 9.74.020.
(2) Any other commercial or office use not listed within section 19.16.020 and
19.16.030 which the planning commission finds to be consistent with the purpose of the article and which will not impair the present or potential use of adjacent properties.
(3) Public and quasi-public buildings and uses of a recreational, educational, religious, or public service type.
(4) Single-room occupancy facilities pursuant to the development standards in section 19.14.110.
(5) Towing and auto repair, not including storage yard. (6) Truck repair and service centers.
(7) Shelters and provision of services for homeless, at-risk and special needs populations.
SECTION 3. Municipal Code Amendment. Section 19.16.020 of the Barstow Municipal Code, titled “Permitted uses” is hereby amended to read as follows, with additions denoted in underline and deletions noted in strikethrough:
Sec. 19.16.020. - Permitted uses.
Commercial district is intended for professional, administrative, and commercial uses. Except as specifically provided elsewhere in this title, any building or structure in the commercial district used or occupied and every building erected, constructed or established within the commercial district shall be only in accordance with the regulations set forth in this chapter.
(1) Office and professional uses, including:
a. Architects, engineers, draftsmen.
b. Art galleries; exhibit halls for commercial and industrial exhibits; provided, that there shall be no sale of stock or material; and provided, that there be no warehousing or storage either within or on the premises.
c. Attorneys at law, paralegal personnel.
d. Biological and medical laboratories, provided the floor space does not exceed 2,000 square feet in gross floor area.
e. Chiropractors, chiropodists, optometrists, dentists. f. Data retrieval firms.
g. Insurance agencies.
h. Medical offices, physicians, osteopaths.
i. Opticians, optical laboratories related and incidental to a professional
16.a
Packet Pg. 343 Attachment: Ord Smoke Shops and Tobacco Stores (6025 : First Reading of Ordinance Re Smoke Shops and Tobacco Stores) building and occupying no more than 1,000 square feet of floor space; provided, that no stock shall be visible from the street. j. Phone answering services.
k. Photography studio and digital photography printing. l. Prescription pharmacies; no stock shall be visible from the street. m. Private security and investigative firms.
n. Public accountants, bookkeepers.
o. Realtors, brokers.
p. Tattoo/body art studios within an enclosed building and subject to the requirements of section 119300 et seq. of the San Bernardino County Health and Safety Code.
q. Travel agencies.
(2) Commercial uses, including:
a. Animal hospitals and animal hotels that are at least 500 feet from residential uses or zoning districts.
b. Apparels and accessories, including, but not limited to, clothing stores, custom dressmaking and tailors, furriers, millinery shops and dry goods, bakery goods shop.
c. Bar or tavern, excluding dancing.
d. Barber or beauty shop.
e. Bicycle stores.
f. Blueprinting, photo-stating and photocopying.
g. Bookstores and stationers.
h. Building materials and hardware stores, including, but not limited to, glass or mirror shops, paint store, and plumbing supply stores. i. Cafe, restaurant, with or without on-sale liquor. Outdoor seating is permitted for up to ten percent of total indoor seating. Any additional outdoor seating above ten percent shall require additional parking. j. Camera and photographic supply stores.
k. Cleaning and pressing establishment; laundry, coin-operated or selfservice. l. Clothes cleaning pickup agencies (cleaning and pressing plant located elsewhere).
m. Child day care centers as defined in 19.06.120.
n. Delicatessen.
o. Department stores.
p. Drugstore.
q. Feed store.
r. Financial institutions.
s. Florist shop.
t. Frozen food lockers.
u. Furniture, floor coverings, drapery, furniture upholstery stores, miscellaneous home furnishing stores, household appliance stores and equipment stores including, but not limited to, new furniture (not
16.a
Packet Pg. 344 Attachment: Ord Smoke Shops and Tobacco Stores (6025 : First Reading of Ordinance Re Smoke Shops and Tobacco Stores) over 25 percent floor space used for stocking and displaying used furniture), floor coverings, and radio, television and music stores. v. Gift, novelty and souvenir shops.
w. Grocery store.
x. Jewelry stores.
y. Laundry agency (self-service only)
z. Liquor store (off-sale only)
aa. Mail order house, retail.
bb. Massage therapy conforming to the provisions set forth in section
19.06.020.
cc. Motel and hotels.
dd. Museums and galleries.
ee. Nonprofit club or lodge; fraternal or religious association. ff. Pet shops and taxidermy.
gg. Photographer.
hh. Post office.
ii. Printing, lithographing, publishing, reproduction, newspaper distributorship, including binding.
jj. Public utility offices, fire, police.
kk. Radio, television, and music stores.
ll. Retail sales of parts or goods, no installation.
mm. Secondhand, used merchandise and antique stores; no outside storage or display shall be permitted.
nn. Sporting goods stores and bicycle shops.
oo. Studio, music and/or dance. Studio-music, dance stores. pp. Supermarket and specialty markets.
qq. Theaters, excluding drive-ins.
rr. Ticket or travel agencies.
ss. Tobacco stores and Newsstands.
tt. Trunk and leather goods stores.
uu. Telephone exchanges.
vv. Trade schools.
ww. Video/pinball arcade not including adult arcades identified in chapter
19.26 (pertaining to sexually oriented businesses) and chapter 9.24 (Gambling) of this Code.
xx. Veterinarians (See animal hospitals).
yy. Wedding chapels.
SECTION 4. Municipal Code Amendment. Section 19.16.030 of the Barstow Municipal Code, titled “Uses requiring a permit” is hereby amended to read as follows, with additions denoted in underline and deletions noted in strikethrough:
Sec. 19.16.030. - Uses requiring a permit.
In the commercial district, the following uses may be permitted, subject to chapter
19.30:
16.a
Packet Pg. 345 Attachment: Ord Smoke Shops and Tobacco Stores (6025 : First Reading of Ordinance Re Smoke Shops and Tobacco Stores) (1) Adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, and massage parlors.
(2) Animal hospitals and animal hotels that are less than 500 feet from residential uses or zoning districts.
(3) Reserved.
(4) Automobile service/fueling stations conforming to provisions set forth in section 19.06.070.
(5) Bar or tavern, dancing permitted.
(6) Biological and medical laboratories in excess of 2,000 square feet in gross floor area.
(7) Cannabis uses including—retail storefront (Type 10), indoor cultivation (Types 1-5, including processing, but excluding any outdoor cultivation), delivery (Type 9), distribution (Types 11 and 13), manufacturing (Types 6,7, N, P), testing (Type 12), and temporary cannabis events. All these uses shall be subject to section 19.27.080, Cannabis business location restrictions, and require approval of the following entitlements:
development agreement, conditional use permit, cannabis business permit, and all applicable state cannabis licenses.
(8) Commercial greenhouses.
(9) Commercial laundry, rug cleaning, dyeing, etc.
(10) Commercial recreation and amusements, such as pitch and putt golf, golf courses, athletic fields, gymnasiums, commercial swimming pools, stadiums, skating rinks (ice and roller), arenas, auditoriums, public dance halls or ballrooms, amusement parks, pool halls, billiards. (11) Drive-in restaurant.
(12) Equipment rental yards, outside storage of rental equipment permitted. (13) Furniture storage.
(14) Heating and plumbing equipment dealers, paint, glass, wallpaper, and electrical supply store (outside storage enclosed by solid fence or wall, six feet in height)
(15) Ice storage, retail, not more than five-ton capacity. (16) Lumberyards and builders' supply yard, outside storage of lumber and building materials permitted.
(17) Mechanical auto wash.
(18) Mini-warehouses.
(19) Mortuaries and funeral parlors.
(20) Public garage, auto repair shop, body shop, auto painting, providing all operations are conducted wholly within an enclosed building. If more than five vehicles are on the premises at any one time, they shall be enclosed by a six-foot fence or wall 80 percent opaque.
(21) Residential dwelling, to be limited to lot or parcel on which permitted uses are located and used exclusively by the operator of the business when approved by site review. If a separate building is used for dwelling purposes, the setback requirement of the MDR district shall apply. (22) Tattoo studio conforming to the provisions set forth in Health and Safety Code § 119300 et seq.
16.a
Packet Pg. 346 Attachment: Ord Smoke Shops and Tobacco Stores (6025 : First Reading of Ordinance Re Smoke Shops and Tobacco Stores) (23) Utility substations.
(24) Vehicle sales, including trailers (automobile, motorcycle, farm machinery, equipment dealers, truck or semitrailer, house trailer, boat, camper or marine sales and supplies and trailer sales lot), outside display of new and used vehicles and trailers permitted.
(25) Other uses similar to the above if it can be demonstrated that the uses are of the same general character as the above permitted uses as determined by the planning commission. Smoke shops and tobacco stores as defined in Barstow Municipal Code § 9.74.020.
(26) Other uses similar to the above if it can be demonstrated that the uses are of the same general character as the above permitted uses as determined by the planning commission.
SECTION 5. Severability. If any provision, section, subsection, paragraph, sentence, clause, or word of this Ordinance, or the application thereof to any person or circumstance, is rendered or declared invalid or unenforceable by any court of competent jurisdiction, the remaining provisions, sections, subsections paragraphs, sentences, clauses, or words of this Ordinance, and their application to other persons or circumstances, 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 6. Effective Date. This ordinance shall take effect thirty days after adoption as provided by Government Code 36937. The City Clerk shall cause this Ordinance to be published in accordance with California Government Code Section 36933.
SECTION 7. Inconsistencies. Any provision of the City’s Municipal Code or appendices thereto that are inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby modified to the extent necessary to effect the provisions of this Ordinance.
SECTION 8. CEQA. The City Council finds the adoption of this ordinance is exempt from review under the California Environmental Quality Act because it relates to an administrative matter. (CEQA Guidelines, 14 Cal. Code of Regulations, Section 15061(b)(3) and 15378(b)(5). 15061(b)(2), 15307-15308).
SECTION 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the City Council.
PASSED, APPROVED AND ADOPTED this ____ day of _________________, 20____. ________________________________
Timothy Silva, Mayor
ATTEST:
16.a
Packet Pg. 347 Attachment: Ord Smoke Shops and Tobacco Stores (6025 : First Reading of Ordinance Re Smoke Shops and Tobacco Stores) ________________________________
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
16.a
Packet Pg. 348 Attachment: Ord Smoke Shops and Tobacco Stores (6025 : First Reading of Ordinance Re Smoke Shops and Tobacco Stores) Joint Special Council/BFPD
06/17/25 05:30 PM
Finance
Brenna Chavez
Public Hearing
Doc ID: 5974
AGENDA ITEM
AGENDA MATTER:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA, AMENDING AND ESTABLISHING SPECIFIED FEES FOR CITY SERVICES (FY 2025/2026) EXECUTIVE SUMMARY:
Staff has completed the annual process of thoroughly reviewing the City's current fees effective for the 2025/2026 fiscal year. The annual review is conducted to ensure that fees cover the processing costs of the service request or, at minimum, that the level of subsidy being provided for services by the City Council desires to maintain adequate and at amounts that the City Council desires to maintain. The Resolution to adopt the Fiscal Year 2025/2026 Master Fee Schedule is included in the attachment for the Council's review and consideration.
DISCUSSION:
The City of Barstow’s Master Fee Schedule is reviewed annually by city staff to determine if fees that are being charged continue to cover the processing costs of the service request or, at minimum, that the level of subsidy being provided for services by the City are adequate and at amounts that the City Council desires to maintain. Attached to the staff report is the City Council Resolution which contains the proposed Master Fee Schedule for FY 2025/2026. The Master Fee Schedule contains all the fees the City charges for various functions and services performed for the community. An annual review is conducted whereby each department provides suggested changes to the Master Fee Schedule and the proposed fee schedule has been collectively amended to reflect staff’s recommendations. The list of proposed changes from FY 2024/2025 is contained within the Table of Amendments to the Master Fee Schedule. If approved, the newly adopted fee schedule will go into effect on July 1, 2025. Attachment A - Proposed Master Fee Schedule 25-26
Attachment B - Current Adopted Master Fee Schedule 24-25 FISCAL IMPACT:
Any fees, existing or newly proposed, which are charged by the City of Barstow help to offset the actual cost of providing the service. Most fees are partially subsidized and do not fully cover the actual cost of service. For any fee increases adopted, the City will receive additional revenue to reduce the amount of the subsidy, if any. If the attached Fee Schedule is not approved, corresponding cuts in the City's budget may need to be considered to offset the associated loss of resources.
RECOMMENDED ACTION:
Staff recommends that City Council adopt the attached Resolution No. XXXX-2025 amending and establishing the Master Fee Schedule for Fiscal Year 2025/2026, and waive the full reading. 17 Packet Pg. 349
RESOLUTION NO. XXXX-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BARSTOW, CALIFORNIA ADOPTING A MASTER
FEE SCHEDULE (FY 2025/2026)
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 to 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 regards to cost recovery for services provided by the City; 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.
B. The document known as the "Master Fee Schedule" is attached to this resolution and is made a part hereof by this reference. Each fee or service charge is identified and a new or increased fee is shown in green font.
C. In developing new or increased fees for the Master Fee Schedule, City staff has analyzed the cost to administer the various programs, activities and applications for which the City has proposed a new or increased fee or service charge and that the increased fee or charge does not exceed the estimated cost of providing such service.
D. It is not the intention to repeal previously adopted fees and adopt new fees of exactly the same amount from one fiscal year to the next, but is simply repeating these fees with the Resolution so that the Master Fee Schedule can be a comprehensive source of City fees and service charges.
ATTACHMENT A
17.a
Packet Pg. 350 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26) Section 2. That the fees shown in Exhibit "A" are hereby 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 supersedes all prior resolutions on the same subjects.
Section 4. The fees shown in Exhibit "A" shall become effective immediately on July 1, 2025.
Section 5. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED THIS 17th day of June, 2025.
_________________________________
_______________________________
Timothy R. Silva, Mayor
Attest:
_________________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No. XXXX-2025 of said Council which was adopted at its regular meeting of June 17, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________
Andrea Flores, City Clerk
17.a
Packet Pg. 351 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
MASTER FEE SCHEDULE
Fiscal Year 2025/2026
Presented to City Council on June 17, 2025
17.a
Packet Pg. 352 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
Master Fee Schedule
Table of Contents
Contents Table of
Amendment
Section 10
Section 20
Section 30 Buildin
Section 35 .7
Section 40 Electric 8
Section 50 Mechani 11
Section 60 Plumbin 3
Section 70 Elevator 5
Section 80 Gradin 6
Section 85 18
Section 90 Code
Section 95 .21
Section 100 Developmen 2
Section 110 Encroachme 23
Section 120 Film Offic 6
Section 130 ..27
Section 140 2
Section 160 ...33
Section 170 Wastewater Operations... 4
Section 180 Lenwood Area D 36
Section 190 Miscella 7
Section 200 9
Section 210 42
Section 220 ..43
Section 230 Poli 44
Section 240 Harvey House 45
17.a
Packet Pg. 353 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
Table of Amendments to Master Fee Schedule
2024/2025 to 2025/2026
Page
Number Department Item/Description 2024/2025 Fee / Basis 2025/2026 Fee / Basis 5 Community
Development Building Permits Section 30 2.5% CPI increase on existing rates 5 Community
Development Building Permits New in FY 2025-2026
Plan Review Fee
(Applicable to Single
Family Dwellings Only)
35% of the Building
Permit Fee
8 Community
Development Electrical Permits Section 40 2.5% CPI increase on existing rates 11 Community
Development Mechanical Permits Section 50 2.5% CPI increase on existing rates 13 Community
Development Plumbing Permits Section 60 2.5% CPI increase on existing rates 15 Community
Development Elevator Permits Section 70 2.5% CPI increase on existing rates 16 Community
Development Grading Permits Section 80 2.5% CPI increase on existing rates 30 Barstow Fire
Protection District
Failure to Pay
Annual Operational
Permit Renewal By
Due Date
New in FY 2025-2026 $25.00 Per Occurrence
X Miscellaneous Passport Services Included Passport
Services - Item 9
Removed Passport
Services The City no
longer provides these
services
38 Miscellaneous Application Fees Item 10 Moved to Item 9 38 Miscellaneous Postage Item 11 Moved to Item 10
38 Miscellaneous Lien Release Fee Item 12 Moved to Item 11 38 Miscellaneous Lien Release Fee Per Release - $10
Per Release - $20
City
38 Miscellaneous Lien Release Fee
Demand Payoff New in FY 2025-2026 $25.00 Per Request
38 Miscellaneous Technology Fee Item 13 Moved to Item 12 38 Miscellaneous Convenience Fee Item 14 Moved to Item 13 ii
17.a
Packet Pg. 354 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
Table of Amendments to Master Fee Schedule
2024/2025 to 2025/2026
iii
Page
Number Department Item/Description 2024/2025 Fee / Basis 2025/2026 Fee / Basis 38 Miscellaneous Infrastructure Plans
GIS Updates Item 15 Moved to Item 14
38 Miscellaneous Utility Billing Item 16 Moved to Item 15 39 Parks &
Recreation Dana Park Building Minimum 3 Hours - $250 Minimum 3 Hours - $300 39 Parks &
Recreation Henderson Pool Minimum 3 Hours - $270 Minimum 3 Hours - $300 39 Parks &
Recreation Henderson Pool - $90 - $100
39 Parks &
Recreation Henderson Pool Guests Per Hour - $30
Staff Over 125+
Guests Per Hour - $50
39 Parks &
Recreation Jasper Park Building Only For City Use
Now Available for Public
to Rent.
Minimum 3 Hours - $300
- $50
Security Deposit - $150
Cleaning Fee - $150
40 Parks &
Recreation Batting Cages Hourly Rental - $34 Hourly Rental - $30 42 Human
Resources Personnel Costs SDI Rate 1.1% SDI Rate 1.2%
17.a
Packet Pg. 355 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 356 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 357 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 358 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 359 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 360 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 361 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 362 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 363 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 364 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 365 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 366 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 367 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 368 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 369 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 370 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 371 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 372 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 373 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 374 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 375 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 376 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 377 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 378 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 379 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 380 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 381 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 382 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 383 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 384 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 385 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 386 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 387 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 388 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 389 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 390 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 391 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 392 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 393 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 394 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 395 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 396 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 397 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 398 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 399 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
17.a
Packet Pg. 400 Attachment: Proposed Master Fee 25-26 (5974 : Master Fee Schedule 2025/26)
ATTACHMENT B
17.b
Packet Pg. 401 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 402 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
MASTER FEE SCHEDULE
Fiscal Year 2024/2025
Presented to City Council on June 17, 2024
17.b
Packet Pg. 403 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26) 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
17.b
Packet Pg. 404 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26) 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
ii
17.b
Packet Pg. 405 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26) Table of Amendments to Master Fee Schedule
2023/2024 to 2024/2025
iii
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
17.b
Packet Pg. 406 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26) Table of Amendments to Master Fee Schedule
2023/2024 to 2024/2025
iv
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
17.b
Packet Pg. 407 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 408 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 409 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 410 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 411 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 412 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 413 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 414 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 415 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 416 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 417 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 418 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 419 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 420 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 421 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 422 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 423 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 424 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 425 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 426 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 427 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 428 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 429 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 430 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 431 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 432 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 433 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 434 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 435 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 436 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 437 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 438 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 439 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 440 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 441 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 442 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 443 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 444 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 445 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 446 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 447 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 448 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 449 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 450 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26)
17.b
Packet Pg. 451 Attachment: Adopted 24-25 Master Fee Schedule (5974 : Master Fee Schedule 2025/26) Joint Special Council/BFPD
06/17/25 05:30 PM
Police
Daniel Arthur
Public Hearing
Doc ID: 6020
AGENDA ITEM
AGENDA MATTER:
REVIEW THE CITY’S MILITARY EQUIPMENT ANNUAL REPORT AND ADOPT RESOLUTION NO.
XXXX-2025 TO RENEW ORDINANCE NO. 989-2022, APPROVING THE CITY’S MILITARY EQUIPMENT POLICY, AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 7070 EXECUTIVE SUMMARY:
Assembly Bill 481 (“AB 481”), codified in California Government Code Sections 7070 - 7075, requires law enforcement agencies to adopt a “military equipment” use procedure ordinance. The City adopted Ordinance No. 989-2022 on May 2, 2022 approving a “military equipment” use procedure. AB 481 requires the City to review the “military equipment” use procedure annually.
DISCUSSION:
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (AB-481) requiring law enforcement agencies to obtain approval of the applicable governing body (City Council), by adoption of a “military equipment” use policy, as defined under AB 481. The Legislature found that the public has a right to know about any funding, acquisition, or use of “military equipment” by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. “Military equipment” as governed by the proposed procedure is broader than just equipment received from the US military and generally includes all types of non-standard-issue firearms, including such things as less lethal munitions, e.g., rubber bullets, and remotely operated camera equipment. The proposed procedure adopts standards for the use and required training methods for these types of equipment.
On September 30, 2021, Governor Newsom signed into law Assembly Bill (AB) 481 which went into effect on January 1, 2022, and added California Government Code Sections 7070 through 7075 relating to the funding, acquisition, and use of military equipment by local law enforcement agencies. The bill required law enforcement agencies seeking to fund or acquire new military equipment or continue use of any military equipment acquired prior to January 1, 2022, to draft a military equipment use policy and obtain approval from its governing body via adoption of an ordinance no later than May 1, 2022.
On an annual basis thereafter, an agency is required to publish a military equipment report to its website and hold at least one community engagement meeting to allow the public to ask questions and discuss the report. The annual report shall include a summary of each type of military equipment, its intended purpose, how each type of equipment was used by the agency during the preceding year, a summary of any complaints received concerning the equipment, the results of any internal audits pertaining to violations of the military equipment use policy, the total cost for each type of equipment, and quantity possessed.
AB 481 further requires the governing body, at least annually, to review any ordinance that it has adopted approving the funding, acquisition, or use of military equipment and vote on whether to renew the ordinance. The City Council may renew or not renew the authorizing ordinance, disapprove authorization for equipment where standards have not been met, or require modifications to the military equipment use policy based on whether the equipment detailed within the annual report complies with policy and meets specified standards as set forth in California Government Code Section 7071, subdivision (d).
The Police Chief will present a report regarding Military Equipment in compliance with Assembly Bill 481, 18 Packet Pg. 452
Joint Special Council/BFPD
06/17/25 05:30 PM
Police
Daniel Arthur
Public Hearing
Doc ID: 6020
AGENDA ITEM
including:
How our military equipment was used;
A summary or any complaints or concerns received;
The result of an annual internal audit;
Any information about violations of the military equipment policy and actions taken in response; The total annual cost for each type of military equipment and the source of funds for the military equipment in the calendar year following submission of this annual military equipment report; The quantity possessed; and
Whether this agency intends to acquire additional military equipment in the next year.
Under Government Code section 7071, subdivision (e), the City Council shall review the Ordinance adopting the City’s Military Use Policy, Ordinance No. 989-2022, and vote to renew the Ordinance if it finds, based on the Annual Military Equipment Report, that the Military Use Policy continues to meet the findings stated therein; namely that:
The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
The military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
If the City Council determines that a type of military equipment identified in that Annual Military Equipment Report has not complied with the standards for approval set forth above, the City Council shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.
Resolution No. XXXX-2025 is before the City Council and if adopted would renew Ordinance No. 989- 2022, which approved the Department’s military equipment funding, acquisition, and use policy pursuant to Assembly Bill 481.
Attachments:
1. Resolution No. XXXX-2025
2. Annual Military Equipment Policy
3. Barstow Ordinance No. 989-2022
FISCAL IMPACT:
18 Packet Pg. 453
Joint Special Council/BFPD
06/17/25 05:30 PM
Police
Daniel Arthur
Public Hearing
Doc ID: 6020
AGENDA ITEM
There are no fiscal impacts at this time. The acquisition costs for most equipment covered by the proposed procedure have already been paid. The existing budget accounts for the costs of maintaining the equipment and of acquiring any needed new or replacement equipment.
RECOMMENDED ACTION:
The Barstow Police Department is committed to transparency, public trust, community partnerships, and compliance with legal requirements.
Staff recommends City Council approve the 2024 Military Equipment Annual Report and adopt Resolution No.XXXX-2025 renewing Ordinance No. 989-2022, which approved the Department’s military equipment funding, acquisition, and use policy pursuant to Assembly Bill 481.
The renewal of the proposed ordinance is exempt from review under the California Environmental Quality Act (“CEQA”), per CEQA Guidelines Section 15378(b)(2,5). 18 Packet Pg. 454
Barstow Police Department
MILITARY EQUIPMENT INVENTORY
18.a
Packet Pg. 455 Attachment: Military Equipment Inventory 2024 (6020 : Military Equipment Policy) 1 | P A G E
Background
Assembly Bill 481 was adopted by the California Legislature and approved by Governor Gavin Newsom in September 2021. It went into effect on January 1, 2022. AB 481 is designed to increase community awareness and oversight over the possession and use by local police departments of certain types of equipment that AB 481 labels as “military” equipment. It requires the City Council to provide both authorization and oversight of the equipment used.
The law, codified in California Government Code sections 7070 through 7075, requires law enforcement agencies to produce a military equipment use policy that identifies and describes: each type of military equipment; its authorized use; fiscal impact; rules/laws that govern use of such equipment; training required; and mechanisms to ensure compliance with the policy. (See Gov. Code section 7070(d)). The City Council is required to approve the policy for the Department to continue using this equipment.
Additionally, the law requires an annual report and annual review by the governing body for continued use of the equipment. AB 481 requires every local law enforcement agency in California to post its proposed military equipment use policy no later than May 1, 2022. The law also requires at least a 30-day period for public comment on the proposed policy before the governing body discusses the proposed policy in a public meeting.
Police agencies across the state have developed similar policies to comply with this new law. The Department’s proposed policy describes the equipment that has already been in the Department’s possession. The Department does not possess any equipment that is atypical for the region.
The City of Richmond possesses fewer types of this equipment than many other Bay Area agencies.
18.a
Packet Pg. 456 Attachment: Military Equipment Inventory 2024 (6020 : Military Equipment Policy) 2 | P A G E
Definitions
Pursuant to AB-481, the following definitions are applicable only to the Department’s current military equipment inventory and potential future military equipment acquisitions for operational needs. (For a more detailed list, refer to Government Code section 7070, for “military equipment” as defined within the Assembly Bill.)
“Governing body” means the Barstow City Council and Mayor. “Military equipment” means the following:
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
This definition applies to the Department’s inventory of small Unmanned Aircraft Systems and SRT robots.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
3. High mobility multipurpose wheeled vehicles (HMMWV), 2 ½, ton trucks, five-ton trucks, or wheeled vehicles that have breaching or entry apparatus attached.
4. Tracked armored vehicles that provide ballistic protection to their occupants.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
18.a
Packet Pg. 457 Attachment: Military Equipment Inventory 2024 (6020 : Military Equipment Policy) 3 | P A G E
8. Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
9. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code 30510 and Penal Code 30515, with exception of standard-issue firearms.
10. Any firearm or firearm accessory that is designed to launch explosive projectiles.
11. Noise-flash diversionary devices and explosive breaching tools.
12. Munitions containing tear gas or OC, excluding standard, serviceissued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and long range acoustic devices also known as LRADs.
14. Kinetic energy weapons and munitions to include 40mm launcher, beanbag shotgun, foam-tipped projectiles.
15. Any other equipment as determined by a governing body (Richmond City Council) or a state agency to require additional oversight.
18.a
Packet Pg. 458 Attachment: Military Equipment Inventory 2024 (6020 : Military Equipment Policy) 4 | P A G E
Military Equipment Use Policy
Military equipment use policy means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following:
1. A description of each type of military equipment, the quantity sought its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any sworn member is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner.
18.a
Packet Pg. 459 Attachment: Military Equipment Inventory 2024 (6020 : Military Equipment Policy) 5 | P A G E
Military Equipment Inventory
The inventory of military equipment, particularly consumable material (ammunition, diversionary devices, etc.) fluctuates regularly. This is based on a variety of factors including but not limited to operational usage, operational deterioration, training, maintenance, expirations, and replenishment guidelines.
The following are various types, descriptions, and guidelines for usage of military equipment currently employed by the Barstow Police Department:
18.a
Packet Pg. 460 Attachment: Military Equipment Inventory 2024 (6020 : Military Equipment Policy) 6 | P A G E
UNMANNED AREIAL SYSTEMS (UAS)
Equipment Type: An unmanned aircraft along with the associated equipment necessary to control it remotely.
Description, Purchase Cost, Quantity, Capabilities:
DJI Inspire 1, Cost: $5,000, Quantity: 1, Capabilities: This UAS is able to record 4K video, 12 megapixel photos, and transmit an HD video signal from approximately 1 mile. This UAS is battery operated and capable of 30 minutes of flight time.
DJI Mini 4 Pro, Cost $1348, Quantity 1, Capabilities: This UAS is able to record 4K video, 12 megapixel single shot photos and 48 megapixel burst shooting, and transmit an HD video signal from approximately 12.5 miles. This UAS is battery operated and capable of 34 minutes of flight time with two additional batteries that are capable of 34 additional minutes of flight time each.
Purpose: The UAS is deployed when its view would assist officers in the field or incident commanders managing a critical incident in certain situations to include but not limited to:
Major traffic collision investigations.
Searches for missing persons.
Searches for suspects.
Natural disaster management.
Crime scenes
SRT tactical operations or other public safety or life preservation missions. In response to specific requests from Barstow Fire Protection District, state, or federal fire authorities for fire response and/or prevention.
Authorized Users: Only assigned UAS operators who have completed the required training shall be permitted to operate any UAS during approved missions.
Expected Life Span: UAS and associated equipment, 3-5 years.
Fiscal Impact: Annual maintenance and battery replacement cost is approximately $1,000.
Training: All department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must complete on going quarterly training.
Legal and Procedural Rules: Use is established under Barstow Police Department policy 609 - Unmanned Aerial Systems (UAS) Operations, which is posted on the department internet website. It is the policy of the Barstow Police Department to utilize UAS for official law enforcement purposes and in strict accordance with constitutional and privacy rights and state and federal law.
Notes: The department is planning to purchase additional drones in 2024-2025
18.a
Packet Pg. 461 Attachment: Military Equipment Inventory 2024 (6020 : Military Equipment Policy) 7 | P A G E
ROBOTS
Equipment Type: A remotely-controlled unmanned machine that operates on the ground and is utilized by officers to enhance the safety of the community and officers.
Description, Purchase Cost, Quantity, Capabilities:
RECON ROBOTICS RECON SCOUT MICRO-ROBOT, Costs: $7,000, Quantity: 1, Capabilities: The Recon Scout is a throwable remotely operated micro-robot system that can transmit video from an indoor or outdoor environment. It can locate subjects whether armed or injured providing protection and safety to officers and operators. SIGYN MK1, Costs: $15,975, Quantity: 1, Capabilities: Remotely operated micro-robot system that can transmit video from an indoor or outdoor environment. It can locate subjects whether armed or injured providing protection and safety to officers and operators.
Purpose: The robots are used to remotely gain real time visual data of an incident location, search for armed or injured subjects, and clear buildings.
Authorized Users: Only assigned SRT operators who have completed the required training shall be permitted to utilize the robots. Use is established by the SRT Commander or SRT team Leader.
Expected Life Span: 8-10 years
Fiscal Impact: There is no annual maintenance.
Training: All Robot operators must complete in-house training on the use of the robots when assigned to the Special Response Team.
Legal and Procedural Rules: Use is established under Barstow Police Department policy 459 - Special Response Team (SRT) which is posted on the department internet website. It is the policy of the Barstow Police Department to utilize the Robot only for official law enforcement purposes and in a manner that respects the privacy of our community members pursuant to state and federal law.
Notes:
18.a
Packet Pg. 462 Attachment: Military Equipment Inventory 2024 (6020 : Military Equipment Policy) 8 | P A G E
ARMORED VEHICLE
Equipment Type: Military produced wheeled armored personnel vehicle utilized during law enforcement operations for armor protection and officer or citizen rescues.
Description, Purchase Cost, Quantity, Capabilities:
Caiman 6x6 Mine Resistant Ambush Protected (MRAP) Vehicle, Costs: Donated through Federal 1033 Program, Quantity: 1, Capabilities: The 2012 MRAP is a fully armored vehicle that seats 8-10 personnel. It has an open floor plan that allows for the rescue of downed personnel and/or citizens. The vehicles armor can stop high powered rifle rounds providing greater protection and safety for officers and citizens beyond that which is provided by standard personal body armor or ballistic shield.
Purpose: The MRAP is to be used in response to critical incidents such as but not limited to active shooter incidents, armed barricaded subjects in a structure or vehicle, armed suspect in an open area (large field, parking lot), SRT call-outs, officer down rescue, citizen rescue, officer or citizen evacuations from an active area where a threat of gunfire still exists, terrorist incidents, SRT and Mobile Field Force training, or any other incidents involving armed subjects or where the use of the MRAP would be appropriate to enhance officer and community safety, improve scene containment during major incidents, as well as provide officer and citizen protection while resolving these critical incidents.
Authorized Users: The use of the MRAP vehicle shall only be authorized by the SRT Team Leader or Commander based on the specific circumstances of the critical incident. The MRAP shall be used by officers trained in their deployment, use, and in a manner consistent with department policy and training.
Expected Life Span: 25 years
Fiscal Impact: Annual maintenance costs of approximately $2,500.
Training: All driver/operators shall attend formalized instruction and be trained in driving and vehicle operations.
Legal and Procedural Rules: Use of the MRAP is established under Barstow Police Department policy #701 - Federally Controlled Equipment.
Notes:
18.a
Packet Pg. 463 Attachment: Military Equipment Inventory 2024 (6020 : Military Equipment Policy) 9 | P A G E
37 MM LAUNCHER
Equipment Type: The 37mm launchers are utilized by personnel on the Special Response Team (SRT) as a less lethal tool to launch impact rounds and deploy canisters of chemical agents or smoke.
Description, Purchase Cost, Quantity, Capabilities:
DEFENSE TECHNOLOGY 37mm TACTICAL 6-SHOT LAUNCHER, Costs: $2,200, Quantity: 1, Capabilities: The 37mm tactical 6-Shot launcher is a low profile light weight launcher that provides multi-shot capabilities. It has a collapsable stock and front forward grip. It will launch 37mm less lethal rounds and chemical agents (ferrets or canisters) up to approximately 50 yards and is only authorized to be used by SRT personnel. DEFENSE TECHNOLOGY 37mm SINGLE SHOT LAUNCHER, Costs: $1,200, Quantity:
2, Capabilities: The single shot 37mm launcher is the lightest launcher available. It will fire standard 37mm less lethal ammunition and chemical agent, up to 8" canisters.
Purpose: To deploy less than lethal capabilities to reduce the escalation of conflict where deployment of lethal force is prohibited or undesirable.
Authorized Users: Situations for the use of less lethal weapon systems may include, but are not limited to:
Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents.
Circumstances where a tactical advantage can be obtained. Potentially dangerous or vicious animals.
Training exercises or approved demonstrations.
Expected Life Span: Defense Technology 37mm single shot and tactical 6-shot launcher; 25-years.
Fiscal Impact: Annual maintenance for the launcher is approximately $50.
Training: All personnel utilizing the 37mm launcher shall be trained by a POST certified less lethal and chemical agents instructor.
Legal and Procedural Rules: Use of the 37mm launcher is authorized by Barstow Police Department policy 308 - Control Device and Techniques, which is posted on the department internet website.
Notes:
18.a
Packet Pg. 464 Attachment: Military Equipment Inventory 2024 (6020 : Military Equipment Policy) 10 | P A G E
LESS LETHAL SHOTGUN
Equipment Type: Less lethal shotguns are used to deploy the less lethal 12-gauge Stabilized Bean Bag round and 12-gauge Ferret Liquid CS Round.
Description, Purchase Cost, Quantity, Capabilities:
REMINGTON 870 LESS LETHAL SHOTGUN, Cost: $900 each, Quantity: 18, Capabilities:
The less lethal 870 shotgun is used to deploy the Drag Stabilized bean bag round up to a distance of 75 feet. The range of the weapon system helps to maintain distance between officers and a suspect reducing the immediacy of a threat which is a principle of Deescalation. DEFENSE TECHNOLOGY 12-GAUGE DRAG STABILIZED BEAN BAG ROUND, Costs:
$5.35 each, Quantity: 99, Capabilities: The 12-Gauge round is a shell loaded with a 40- gram tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot.
DEFENSE TECHNOLOGY 12-GAUGE FERRET LIQUID CS ROUND, Costs: $6.98 each, Quantity: 55, Capabilities: The 12-Gauge liquid ferret CS round delivers approximately
1.5 grams of active CS agent up to a distance of 100 yards.
Purpose: To limit the escalation of conflict where lethal force is prohibited or undesirable.
Authorized Users: Situations for the use of less lethal weapon systems may include, but are not limited to:
Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents.
Circumstances where a tactical advantage can be obtained. Potentially vicious animals.
Training exercises or approved demonstrations.
Expected Life Span:
Remington 870 less lethal shotgun - 25 years
12-Gauge Drag Stabilized Bean Bag Round - 5 years
12-Gauge Ferret Liquid CS Round - 5 years
Fiscal Impact: Annual maintenance is approximately $50 per shotgun.
Training: All officers are trained by in-service trainers in the operations of the 12-gauge less lethal shotgun as a less lethal option. SRT personnel receive additional training upon selection to the team. SRT operators who utilize these chemical agent munitions have successfully completed a POST certified chemical agents school and/or have been trained in-house by POST certified chemical agents instructors.
Legal and Procedural Rules: Use is established by Barstow Police Department policy 308 - Control Devices and Techniques, which is posted on the department internet website.
Notes:
18.a
Packet Pg. 465 Attachment: Military Equipment Inventory 2024 (6020 : Military Equipment Policy) 11 | P A G E
DISTRACTION DEVICES
Equipment Type: A device used to distract and disorient dangerous subjects.
Description, Purchase Cost, Quantity, Capabilities:
DEFENSE TECHNOLOGY DISTRACTION DEVISE /FLASH BANG, Costs: $60, Quantity:
15, Capabilities: A non-bursting, non-fragmenting, multi-bang device that produces a thunderous bang with an intense bright light.
Purpose: A distraction device is ideal for distracting dangerous subjects who pose a threat to officers during high risk arrest situations, room entries, and hostage rescue situations. The device produces atmospheric over-pressure and a brilliant white light that causes short term physiological/psychological sensory deprivation to give officers a tactical advantage.
Authorized Users: Diversionary devices can only be used:
By SRT officers who have completed a POST certified diversionary device school. During hostage and barricaded subject situations.
In high risk warrant (search/arrest) services where there may be extreme hazards to officers.
During other high risk situations where the use would enhance officer safety. During authorized training exercises.
Expected Life Span: Until used
Fiscal Impact: No annual maintenance
Training: Prior to use, officers must attend diversionary device training by POST certified instructors.
Legal and Procedural Rules: Use is established by Barstow Police Department policy 459 - Special Response Team (SRT).
Notes:
18.a
Packet Pg. 466 Attachment: Military Equipment Inventory 2024 (6020 : Military Equipment Policy) 12 | P A G E
RIFLES
Equipment Type: Firearms that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have a greater accuracy over a long distance.
Description, Purchase Cost, Quantity, Capabilities:
REMINGTON .308 CALIBER RIFLE MODEL 700, Costs: $2,000 each, Quantity: 5, Capabilities: Highly accurate rifle that provides greater accuracy and stability and used by officers in an over watch capacity to protect the community during critical and/or large events.
SIG SAUER 516 SWAT OPERATOR 11.5".223 CALIBER RIFLE, Costs: $2,800 each, Quantity: 8, Capabilities: A rifle that fires an intermediate-power .223 cartridge which is more powerful than a standard handgun but less powerful than a standard rifle. As a shortbarreled rifle it allows trained SRT officers greater accuracy than a handgun and better control inside structures.
COLT AR-15 MODEL A3 .223 CALIBER PATROL RIFLES, Costs: $1,500 each Quantity:
18, Capabilities: The AR-15 rifle is a precision weapon utilized for increased accuracy and stability when addressing threats at greater distances. The AR-15 .223 caliber rifle is the standard rifle equipped in all Barstow Police Department patrol units. COLT AR-15 MODEL A2 .223 CALIBER RIFLES, Cost: $1,100 each, Quantity: 4, Capabilities: The AR-15 rifle is a precision weapon system utilized for increased accuracy and stability when addressing threats at greater distances. COLT AR-15 M16A1 5.56 CALIBER RIFLE, Costs: Received from the military at no cost, Quantity: 7, Capabilities: This rifle is a precision weapon for accuracy and stability at greater distances. This weapon is currently not in use by BPD. BUSHMASTER AR-15 .223 CALIBER RIFLE, Costs: $1,100 each Quantity: 4, Capabilities: The AR-15 rifle is a precision weapon system utilized for increased accuracy and stability when addressing threats at greater distances. WINCHESTER RANGER .223 POINTED SOFT POINT 55 GRAIN RIFLE ROUND, Costs:
$608 a case, Quantity: Approximately 9,840 rounds, Capabilities: This rifle round leaves the muzzle at 3240 feet per second and expands immediately upon hitting its target making it ideal for AR-pattern rifles. This round is used in all department.223 AR-15 rifles. HORNADY.308 TACTICAL APPLICATION POLICE 168 GRAIN A-MAX RIFLE ROUND, Costs: $400, Quantity: 660 rounds, Capabilities: This round leaves the muzzle at 2676 feet per second. This is a conventional match grade bullet with the performance benefits of a polymer tip. This bullet demonstrates controlled and remarkable soft tissue expansion without over penetration. This round is used as the primary round for duty use in the department. 308 rifles.
HORNADY.308 TACTICAL APPLICATION POLICE 165 GRAIN HEAVY BARRIER RIFLE ROUND, Costs: $30 a box, Quantity: 40 rounds, Capabilities: This round leaves the muzzle at 2611 feet per second. This bullet is designed to penetrate heavy barriers.
Purpose: To be used as a precision weapon to address a threat from a greater distance than can be addressed with a handgun.
Authorized Users: Only officers who have completed POST certified training are authorized to use a rifle.
Expected Life Span:
REMINGTON .308 MODEL 700 - 15 years.
SIG SAUER 516 SWAT OPERATOR - 10 years.
COLT AR-15 MODELS M16A1, A2, A3, AND BUSHMASTER.223 - 15 years. WINCHESTER .223 AND .308 RIFLE ROUNDS AND HORNADY .308 RIFLE ROUNDS - No expiration.
Fiscal Impact: Annual maintenance is approximately $50 for each rifle.
18.a
Packet Pg. 467 Attachment: Military Equipment Inventory 2024 (6020 : Military Equipment Policy) 13 | P A G E
Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. All officers must pass a range qualification course for the rifle two times a year.
Legal and Procedural Rules: Use is established by Barstow Police Department policy 312 - Firearms, which is posted on the department internet website.
Notes:
18.a
Packet Pg. 468 Attachment: Military Equipment Inventory 2024 (6020 : Military Equipment Policy) 14 | P A G E
CHEMICAL AGENTS AND SMOKE CANISTERS
Equipment Type: Canisters that contain chemical agents or smoke that are released when deployed.
Description, Purchase Cost, Quantity, Capabilities:
DEFENSE TECHNOLOGY TRIPLE-CHASER SEPARATING CANISTER, CS #1026, Costs: $47, Quantity: 17, Capabilities: The Triple-Chaser CS canister consists of three separate canisters compressed together with separating charges between them. When deployed the canisters separate landing approximately 20 feet apart from each other. This allows for an increase of area coverage in a short period of time. The canister is hand thrown and holds approximately 92 grams of active agent. It has a burn time of approximately 20-30 seconds.
DEFENSE TECHNOLOGY FLAMELESS TRI-CHAMBER CS CANISTER #1032, Costs:
$45, Quantity: 15, Capabilities: The Tri-Chamber flameless grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of a fire.
Although the Tri-Chamber grenade can be used in crowd control situations it is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately 20 grams of agent during a 20-30 second burn time.
The purpose of the Tri-Chamber flameless grenade is to minimize risk to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. This grenade provides officers with the option of delivering a pyrotechnic chemical agents device indoors maximizing the agents effectiveness while minimizing the chance of a fire to the structure.
DEFENSE TECHNOLOGY RIOT CONTROL CONTINUOUS DISCHARGE CS CANISTER #1082, Cost: $30, Quantity: 12, Capabilities: The Riot Control CS Grenade has an agent content of 75.6 grams and is specifically designed for outdoor use in crowd control situations. The grenade expels a large agent concentration in a continuous burn for 20-40 seconds, through four gas ports located at the top of the canister. The grenade can be used to route a crowd or conceal officers movements.
DEFENSE TECHNOLOGY SPEDE-HEAT RIOT CONTROL CS GRENADE #1072, Cost:
$47, Quantity: 2, Capabilities: The Spede-Heat grenade is specifically designed for outdoor use during large crowd control situations. The grenade has a large agent concentration and long discharge time of approximately 20-40 seconds to cover large areas. The CS grenade has an agent content of 81.2 grams. DEFENSE TECHNOLOGY CS FERRET ROUNDS #1162, Costs: $26, Quantity: 25, Capabilities: The Ferret Rounds are designed to deliver chemical agents in barricade situations. The Ferret Rounds incorporate a frangible projectile that is filled with liquid CS agent. Upon impact, the nose cone ruptures and instantaneously delivers the agent payload inside the structure. The Ferret Round is non-burning and has an effective range of 50 yards when launched from the 37mm weapon system.
Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of less lethal weapon systems may include but are not limited to:
Self-destructive, dangerous and/or combative individuals. Armed barricaded subjects.
Riot/crowd control and violent civil unrest incidents. Circumstances where a tactical advantage can be obtained. Potentially vicious animals.
Training exercises or approved demonstrations.
Authorized Users: Only officers who have received POST certified training in the use of chemical agents are authorized to use chemical agents.
Expected Life Span: 5 years from manufacturing date.
Fiscal Impact: No annual maintenance.
18.a
Packet Pg. 469 Attachment: Military Equipment Inventory 2024 (6020 : Military Equipment Policy) 15 | P A G E
Training: Officers utilizing chemical agents canisters or munitions are certified by POST less lethal and chemical agents instructors. All sworn officers are required to have in-house chemical agents training once a year.
Legal and Procedural Rules: Use is established by Barstow Police Department policy 308 - Control Device and Techniques. It is the policy of the Barstow Police Department to utilize chemical agents for law enforcement purposes only and in accordance with state and federal law including those regarding use of force.
Notes:
18.a
Packet Pg. 470 Attachment: Military Equipment Inventory 2024 (6020 : Military Equipment Policy) 310039.2
CITY COUNCIL RESOLUTION NO. ____-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA TO RENEW ORDINANCE NO. 989-2022, APPROVING
THE CITY’S MILITARY EQUIPMENT POLICY, AS REQUIRED BY
CALIFORNIA GOVERNMENT CODE SECTION 7070
WHEREAS, on September 30, 2021, the Governor of the State of California approved Assembly Bill 481, codified in California Government Code Sections 7070 - 7075, requiring law enforcement agencies to obtain approval of the applicable governing body by adoption of a "military equipment" use procedure, prior to acquiring or using "military equipment" as defined under California Government Code Section 7070(c); and
WHEREAS, the applicable governing body in the City of Barstow is the City Council of the City of Barstow and the applicable law enforcement agency in the City of Barstow is the Barstow Police Department; and
WHEREAS, the City Council adopted Ordinance No. 989-2022 at its May 2, 2022 City Council meeting approving the Barstow Police Department’s propose “military equipment” use policy; and
WHEREAS, under California Government Code Section 7071 (b), the Barstow Police Department is required to make a proposed "military equipment" use policy available on its internet website at least thirty (30) days prior to any public hearing concerning the "military equipment" at issue; and
WHEREAS, the Barstow Police Department’s adopted and proposed “military equipment” use policy is available on its internet website; and WHEREAS, the Barstow Police Department's proposed "military equipment" use policy is attached as Exhibit A and is incorporated by reference; and WHEREAS, Government Code Section 7071 (e)(1) requires the City to review Ordinance No. 989-2022 annually at a Brown Act meeting to determine whether each type of military equipment identified in the Police Department’s report has complied with its required standards; and
WHEREAS, the City Council has examined the Department’s Policy and annual report and finds the Department has submitted all information described in Government Code § 7070(d), enabling the Council to make the following findings:
1. Pursuant to Government Code § 7071(d), the Council finds the military equipment described in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
18.b
Packet Pg. 471 Attachment: Military Reso 2025 (6020 : Military Equipment Policy) 310039.2 2
2. Pursuant to Government Code § 7071(d), the Council further finds the Policy will safeguard the public’s welfare, safety, civil rights and civil liberties; and
3. Pursuant to Government Code § 7071(d), the Council further finds that continued use of existing military equipment and purchase of military equipment described in the Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
4. Pursuant to Government Code § 7071(d), the Council further finds the Department will ensure use of existing military equipment described in the Policy will comply with the Policy in the future.
5. Pursuant to Government Code § 7071(e)(2), the Council further finds each type of military equipment identified in the annual report has complied with the standards for approval set forth in subdivision (d).
WHEREAS, after reviewing the Police Department report, the City Council desires to renew Ordinance No. 989-2022.
NOW, THERFORE, the City Council of the City of Barstow does hereby resolve as follows:
SECTION 1. Recitals. The City Council finds that all the facts, findings, and conclusions set forth above in this Resolution are true and correct.
SECTION 2. Approval of the Barstow Police Department’s Proposed “Military Equipment” Use Procedure.
The Barstow Police Department's proposed "military equipment" use procedureattached as Exhibit A and incorporated by reference is approved and the City Council renews Ordinance No. 989-2022 through July 1, 2026, authorizing the police department’s military equipment use policy and approving use, pursuit of funding for, and acquisition of military equipment as described in the policy.
SECTION 3. Severability Clause. Should any section, clause, or provision of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of the Resolution as a whole, or parts thereof, other than the part so declared to be invalid.
SECTION 4. CEQA. The City Council finds the adoption of this resolution 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 15378(b)(2,5).
18.b
Packet Pg. 472 Attachment: Military Reso 2025 (6020 : Military Equipment Policy) 310039.2 3
PASSED, APPROVED AND ADOPTED this ________ day of __________, 2025. ___________________________
Tim R. Silva, Mayor
________________________
Andrea Flores, City Clerk
ATTEST:
I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the City Council DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No. ____-2023, was adopted by said City Council at a regular meeting held on the ____________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
Andrea Flores, City Clerk
18.b
Packet Pg. 473 Attachment: Military Reso 2025 (6020 : Military Equipment Policy)
18.c
Packet Pg. 474 Attachment: Annual Military Equipment Report 2024 (6020 : Military Equipment Policy)
18.c
Packet Pg. 475 Attachment: Annual Military Equipment Report 2024 (6020 : Military Equipment Policy) Policy
704
Barstow Police Department
Barstow PD CA Policy Manual
Copyright Lexipol, LLC 2025/04/30, All Rights Reserved.
Published with permission by Barstow Police Department
Military Equipment - 1
Military Equipment
704.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
704.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
18.d
Packet Pg. 476 Attachment: Military Equipment Policy 2025 (6020 : Military Equipment Policy) Barstow Police Department
Barstow PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/04/30, All Rights Reserved.
Published with permission by Barstow Police Department
Military Equipment - 2
704.2 POLICY
It is the policy of the Barstow Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 704.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate the Police Captain to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Barstow Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the Department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
704.4 MILITARY EQUIPMENT INVENTORY
The attached list constitutes a list of qualifying equipment for the Barstow Police Department. 704.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a.
18.d
Packet Pg. 477 Attachment: Military Equipment Policy 2025 (6020 : Military Equipment Policy) Barstow Police Department
Barstow PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/04/30, All Rights Reserved.
Published with permission by Barstow Police Department
Military Equipment - 3
(b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 704.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 704.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in the Department inventory. 704.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
18.d
Packet Pg. 478 Attachment: Military Equipment Policy 2025 (6020 : Military Equipment Policy) Barstow PD CA Policy Manual
Copyright Lexipol, LLC 2025/04/30, All Rights Reserved.
Published with permission by Barstow Police Department
Attachments - 4
Attachments
18.d
Packet Pg. 479 Attachment: Military Equipment Policy 2025 (6020 : Military Equipment Policy) Attachment
Barstow PD CA Policy Manual
Copyright Lexipol, LLC 2025/04/30, All Rights Reserved.
Published with permission by Barstow Police Department
Military Equipment Inventory.pdf - 5
Military Equipment Inventory.pdf
Military Equipment Inventory.pdf
18.d
Packet Pg. 480 Attachment: Military Equipment Policy 2025 (6020 : Military Equipment Policy) Barstow Police Department
MILITARY EQUIPMENT INVENTORY
18.d
Packet Pg. 481 Attachment: Military Equipment Policy 2025 (6020 : Military Equipment Policy) 2 | P A G E
Background
Assembly Bill 481 was adopted by the California Legislature and approved by Governor Gavin Newsom in September 2021. It went into effect on January 1, 2022. AB 481 is designed to increase community awareness and oversight over the possession and use by local police departments of certain types of equipment that AB 481 labels as “military” equipment. It requires the City Council to provide both authorization and oversight of the equipment used.
The law, codified in California Government Code sections 7070 through 7075, requires law enforcement agencies to produce a military equipment use policy that identifies and describes: each type of military equipment; its authorized use; fiscal impact; rules/laws that govern use of such equipment; training required; and mechanisms to ensure compliance with the policy. (See Gov. Code section 7070(d)). The City Council is required to approve the policy for the Department to continue using this equipment.
Additionally, the law requires an annual report and annual review by the governing body for continued use of the equipment. AB 481 requires every local law enforcement agency in California to post its proposed military equipment use policy no later than May 1, 2022.
The law also requires at least a 30-day period for public comment on the proposed policy before the governing body discusses the proposed policy in a public meeting.
Police agencies across the state have developed similar policies to comply with this new law. The Department’s proposed policy describes the equipment that has already been in the Department’s possession. The Department does not possess any equipment that is atypical for the region. The City of Barstow possesses fewer types of this equipment than many other Bay Area agencies.
Definitions
Pursuant to AB-481, the following definitions are applicable only to the Department’s current military equipment inventory and potential future military equipment acquisitions for operational needs. (For a more detailed list, refer to Government Code section 7070, for “military equipment” as defined within the Assembly Bill.) “Governing body” means the Barstow City Council and Mayor. “Military equipment” means the following:
1. Unmanned, remotely piloted, powered aerial or ground vehicles. This definition applies to the Department’s inventory of small Unmanned Aircraft Systems and SRT robots.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
3. High mobility multipurpose wheeled vehicles (HMMWV), 2 ½, ton trucks, fiveton trucks, or wheeled vehicles that have breaching or entry apparatus attached.
4. Tracked armored vehicles that provide ballistic protection to their occupants.
18.d
Packet Pg. 482 Attachment: Military Equipment Policy 2025 (6020 : Military Equipment Policy) 3 | P A G E
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.
This does not include a handheld, one-person ram.
8. Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
9. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code 30510 and Penal Code 30515, with exception of standard-issue firearms.
10. Any firearm or firearm accessory that is designed to launch explosive projectiles.
11. Noise-flash diversionary devices and explosive breaching tools.
12. Munitions containing tear gas or OC, excluding standard, service- issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and long range acoustic devices also known as LRADs.
14. Kinetic energy weapons and munitions to include 40mm launcher, beanbag shotgun, foam-tipped projectiles.
15. Any other equipment as determined by a governing body (Barstow City Council) or a state agency to require additional oversight.
Military Equipment Use Policy
Military equipment use policy means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following:
1. A description of each type of military equipment, the quantity sought its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace
18.d
Packet Pg. 483 Attachment: Military Equipment Policy 2025 (6020 : Military Equipment Policy) 4 | P A G E
Officer Standards and Training, that must be completed before any sworn member is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner.
Military Equipment Inventory
The inventory of military equipment, particularly consumable material (ammunition, diversionary devices, etc.) fluctuates regularly. This is based on a variety of factors including but not limited to operational usage, operational deterioration, training, maintenance, expirations, and replenishment guidelines.
The following are various types, descriptions, and guidelines for usage of military equipment currently employed by the Barstow Police Department:
18.d
Packet Pg. 484 Attachment: Military Equipment Policy 2025 (6020 : Military Equipment Policy) 5 | P A G E
UNMANNED AREIAL SYSTEMS (UAS)
Equipment Type: An unmanned aircraft along with the associated equipment necessary to control it remotely.
Description, Purchase Cost, Quantity, Capabilities:
DJI Inspire 1, Cost: $5,000, Quantity: 1, Capabilities: This UAS is able to record 4K video, 12 megapixel photos, and transmit an HD video signal for approximately 1 mile. This UAS is battery operated and capable of 30 minutes of flight time.
Purpose: The UAS is deployed when its view would assist officers in the field or incident commanders managing a critical incident in certain situations to include but not limited to:
• Major traffic collision investigations.
• Searches for missing persons.
• Searches for suspects.
• Natural disaster management.
• Crime scenes
• SRT tactical operations or other public safety or life preservation missions. • In response to specific requests from Barstow Fire Protection District, state, or federal fire authorities for fire response and/or prevention.
Authorized Users: Only assigned UAS operators who have completed the required training shall be permitted to operate any UAS during approved missions.
Expected Life Span: UAS and associated equipment, 3-5 years.
Fiscal Impact: Annual maintenance and battery replacement cost is approximately $1,000.
Training: All department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must complete on going quarterly training.
Legal and Procedural Rules: Use is established under the Barstow Police Department Unmanned Aerial Systems (UAS) Operations Policy, which is posted on the department internet website. It is the policy of the Barstow Police Department to utilize UAS for official law enforcement purposes and in strict accordance with constitutional and privacy rights and state and federal law.
Notes: The department is planning to purchase additional drones in 2023-2024
18.d
Packet Pg. 485 Attachment: Military Equipment Policy 2025 (6020 : Military Equipment Policy) 6 | P A G E
ROBOTS
Equipment Type: A remotely-controlled unmanned machine that operates on the ground and is utilized by officers to enhance the safety of the community and officers.
Description, Purchase Cost, Quantity, Capabilities:
• RECON ROBOTICS RECON SCOUT MICRO-ROBOT, Costs: $7,000, Quantity:
1, Capabilities: The Recon Scout is a throwable remotely operated micro-robot system that can transmit video from an indoor or outdoor environment. It can locate subjects whether armed or injured providing protection and safety to officers and operators.
• SIGYN MK1, Costs: $15,975, Quantity: 1, Capabilities: Remotely operated microrobot system that can transmit video from an indoor or outdoor environment. It can locate subjects whether armed or injured providing protection and safety to officers and operators.
Purpose: The robots are used to remotely gain real time visual data of an incident location, search for armed or injured subjects, and clear buildings.
Authorized Users: Only assigned SRT operators who have completed the required training shall be permitted to utilize the robots. Use is established by the SRT Commander or SRT team Leader.
Expected Life Span: 8-10 years
Fiscal Impact: There is no annual maintenance.
Training: All Robot operators must complete in-house training on the use of the robots when assigned to the Special Response Team.
Legal and Procedural Rules: Use is established under the Barstow Police Department Special Response Team (SRT) Policy which is posted on the department internet website. It is the policy of the Barstow Police Department to utilize the Robot only for official law enforcement purposes and in a manner that respects the privacy of our community members pursuant to state and federal law.
Notes:
18.d
Packet Pg. 486 Attachment: Military Equipment Policy 2025 (6020 : Military Equipment Policy) 7 | P A G E
ARMORED VEHICLE
Equipment Type: Military produced wheeled armored personnel vehicle utilized during law enforcement operations for armor protection and officer or citizen rescues.
Description, Purchase Cost, Quantity, Capabilities:
• Caiman 6x6 Mine Resistant Ambush Protected (MRAP) Vehicle, Costs: Donated through Federal 1033 Program, Quantity: 1, Capabilities: The 2012 MRAP is a fully armored vehicle that seats 8-10 personnel. It has an open floor plan that allows for the rescue of downed personnel and/or citizens. The vehicles armor can stop high powered rifle rounds providing greater protection and safety for officers and citizens beyond that which is provided by standard personal body armor or ballistic shield.
Purpose: The MRAP is to be used in response to critical incidents such as but not limited to active shooter incidents, armed barricaded subjects in a structure or vehicle, armed suspect in an open area (large field, parking lot), SRT call-outs, officer down rescue, citizen rescue, officer or citizen evacuations from an active area where a threat of gunfire still exists, terrorist incidents, SRT and Mobile Field Force training, or any other incidents involving armed subjects or where the use of the MRAP would be appropriate to enhance officer and community safety, improve scene containment during major incidents, as well as provide officer and citizen protection while resolving these critical incidents.
Authorized Users: The use of the MRAP vehicle shall only be authorized by the SRT Team Leader or Commander based on the specific circumstances of the critical incident.
The MRAP shall be used by officers trained in their deployment, use, and in a manner consistent with department policy and training.
Expected Life Span: 25 years
Fiscal Impact: Annual maintenance costs of approximately $2,500.
Training: All driver/operators shall attend formalized instruction and be trained in driving and vehicle operations.
Legal and Procedural Rules: Use of the MRAP is established under the Barstow Police Department Military Equipment Policy and the Outside Agency Policy.
Notes:
18.d
Packet Pg. 487 Attachment: Military Equipment Policy 2025 (6020 : Military Equipment Policy) 8 | P A G E
37 MM LAUNCHER
Equipment Type: The 37mm launchers are utilized by personnel on the Special Response Team (SRT) as a less lethal tool to launch impact rounds and deploy canisters of chemical agents or smoke.
Description, Purchase Cost, Quantity, Capabilities:
• DEFENSE TECHNOLOGY 37mm TACTICAL 6-SHOT LAUNCHER, Costs:
$2,200, Quantity: 1, Capabilities: The 37mm tactical 6-Shot launcher is a low profile light weight launcher that provides multi-shot capabilities. It has a collapsible stock and front forward grip. It will launch 37mm less lethal rounds and chemical agents (ferrets or canisters) up to approximately 50 yards and is only authorized to be used by SRT personnel.
• DEFENSE TECHNOLOGY 37mm SINGLE SHOT LAUNCHER, Costs: $1,200, Quantity: 2, Capabilities: The single shot 37mm launcher is the lightest launcher available. It will fire standard 37mm less lethal ammunition and chemical agent, up to 8" canisters.
Purpose: To deploy less than lethal capabilities to reduce the escalation of conflict where deployment of lethal force is prohibited or undesirable.
Authorized Users: Situations for the use of less lethal weapon systems may include, but are not limited to:
• Self-destructive, dangerous and/or combative individuals. • Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained. • Potentially dangerous or vicious animals.
• Training exercises or approved demonstrations.
Expected Life Span: Defense Technology 37mm single shot and tactical 6-shot launcher; 25-years.
Fiscal Impact: Annual maintenance for the launcher is approximately $50.
Training: All personnel utilizing the 37mm launcher shall be trained by a POST certified less lethal and chemical agents instructor.
Legal and Procedural Rules: Use of the 37mm launcher is authorized by the Barstow Police Department Control Device and Techniques Policy, which is posted on the department internet website.
Notes:
18.d
Packet Pg. 488 Attachment: Military Equipment Policy 2025 (6020 : Military Equipment Policy) 9 | P A G E
LESS LETHAL SHOTGUN
Equipment Type: Less lethal shotguns are used to deploy the less lethal 12-gauge Stabilized Bean Bag round and 12-gauge Ferret Liquid CS Round.
Description, Purchase Cost, Quantity, Capabilities:
• REMINGTON 870 LESS LETHAL SHOTGUN, Cost: $900 each, Quantity: 18, Capabilities: The less lethal 870 shotgun is used to deploy the Drag Stabilized bean bag round up to a distance of 75 feet. The range of the weapon system helps to maintain distance between officers and a suspect reducing the immediacy of a threat which is a principle of De-escalation. • DEFENSE TECHNOLOGY 12-GAUGE DRAG STABILIZED BEAN BAG ROUND, Costs: $5.35 each, Quantity: 99, Capabilities: The 12-Gauge round is a shell loaded with a 40-gram tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot.
• DEFENSE TECHNOLOGY 12-GAUGE FERRET LIQUID CS ROUND, Costs:
$6.98 each, Quantity: 55, Capabilities: The 12-Gauge liquid ferret CS round delivers approximately 1.5 grams of active CS agent up to a distance of 100 yards.
Purpose: To limit the escalation of conflict where lethal force is prohibited or undesirable.
Authorized Users: Situations for the use of less lethal weapon systems may include, but are not limited to:
• Self-destructive, dangerous and/or combative individuals. • Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained. • Potentially vicious animals.
• Training exercises or approved demonstrations.
Expected Life Span:
• Remington 870 less lethal shotgun - 25 years
• 12-Gauge Drag Stabilized Bean Bag Round - 5 years
• 12-Gauge Ferret Liquid CS Round - 5 years
Fiscal Impact: Annual maintenance is approximately $50 per shotgun.
Training: All officers are trained by in-service trainers in the operations of the 12-gauge less lethal shotgun as a less lethal option. SRT personnel receive additional training upon selection to the team. SRT operators who utilize these chemical agent munitions have successfully completed a POST certified chemical agents school and/or have been trained in-house by POST certified chemical agents instructors.
Legal and Procedural Rules: Use is established by the Barstow Police Department Control Devices and Techniques Policy, which is posted on the department internet website.
Notes:
18.d
Packet Pg. 489 Attachment: Military Equipment Policy 2025 (6020 : Military Equipment Policy) 10 | P A G E
DISTRACTION DEVICES
Equipment Type: A device used to distract and disorient dangerous subjects.
Description, Purchase Cost, Quantity, Capabilities:
• DEFENSE TECHNOLOGY DISTRACTION DEVISE /FLASH BANG, Costs: $60, Quantity: 15, Capabilities: A non-bursting, non-fragmenting, multi-bang device that produces a thunderous bang with an intense bright light.
Purpose: A distraction device is ideal for distracting dangerous subjects who pose a threat to officers during high risk arrest situations, room entries, and hostage rescue situations. The device produces atmospheric over-pressure and a brilliant white light that causes short term physiological/psychological sensory deprivation to give officers a tactical advantage.
Authorized Users: Diversionary devices can only be used:
• By SRT officers who have completed a POST certified diversionary device school. • During hostage and barricaded subject situations.
• In high risk warrant (search/arrest) services where there may be extreme hazards to officers.
• During other high risk situations where the use would enhance officer safety. • During authorized training exercises.
Expected Life Span: Until used
Fiscal Impact: No annual maintenance
Training: Prior to use, officers must attend diversionary device training by POST certified instructors.
Legal and Procedural Rules: Use is established by the Barstow Police Department Special Response Team (SRT) Policy.
Notes:
18.d
Packet Pg. 490 Attachment: Military Equipment Policy 2025 (6020 : Military Equipment Policy) 11 | P A G E
RIFLES
Equipment Type: Firearms that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have a greater accuracy over a long distance.
Description, Purchase Cost, Quantity, Capabilities:
• REMINGTON .308 CALIBER RIFLE MODEL 700, Costs: $2,000 each, Quantity:
5, Capabilities: Highly accurate rifle that provides greater accuracy and stability and used by officers in an over watch capacity to protect the community during critical and/or large events.
• SIG SAUER 516 SWAT OPERATOR 11.5".223 CALIBER RIFLE, Costs: $2,800 each, Quantity: 8, Capabilities: A rifle that fires an intermediate-power .223 cartridge which is more powerful than a standard handgun but less powerful than a standard rifle. As a short-barreled rifle it allows trained SRT officers greater accuracy than a handgun and better control inside structures. • COLT AR-15 MODEL A3 .223 CALIBER PATROL RIFLES, Costs: $1,500 each Quantity: 18, Capabilities: The AR-15 rifle is a precision weapon utilized for increased accuracy and stability when addressing threats at greater distances.
The AR-15 .223 caliber rifle is the standard rifle equipped in all Barstow Police Department patrol units.
• COLT AR-15 MODEL A2 .223 CALIBER RIFLES, Cost: $1,100 each, Quantity: 4, Capabilities: The AR-15 rifle is a precision weapon system utilized for increased accuracy and stability when addressing threats at greater distances. • COLT AR-15 M16A1 5.56 CALIBER RIFLE, Costs: Received from the military at no cost, Quantity: 7, Capabilities: This rifle is a precision weapon for accuracy and stability at greater distances. This weapon is currently not in use by BPD. • BUSHMASTER AR-15 .223 CALIBER RIFLE, Costs: $1,100 each Quantity: 4, Capabilities: The AR-15 rifle is a precision weapon system utilized for increased accuracy and stability when addressing threats at greater distances. • WINCHESTER RANGER .223 POINTED SOFT POINT 55 GRAIN RIFLE ROUND, Costs: $608 a case, Quantity: Approximately 9,840 rounds, Capabilities: This rifle round leaves the muzzle at 3240 feet per second and expands immediately upon hitting its target making it ideal for AR-pattern rifles.
This round is used in all department.223 AR-15 rifles.
• HORNADY.308 TACTICAL APPLICATION POLICE 168 GRAIN A-MAX RIFLE ROUND, Costs: $400, Quantity: 660 rounds, Capabilities: This round leaves the muzzle at 2676 feet per second. This is a conventional match grade bullet with the performance benefits of a polymer tip. This bullet demonstrates controlled and remarkable soft tissue expansion without over penetration. This round is used as the primary round for duty use in the department. 308 rifles. • HORNADY.308 TACTICAL APPLICATION POLICE 165 GRAIN HEAVY BARRIER RIFLE ROUND, Costs: $30 a box, Quantity: 40 rounds, Capabilities:
This round leaves the muzzle at 2611 feet per second. This bullet is designed to penetrate heavy barriers.
Purpose: To be used as a precision weapon to address a threat from a greater distance than can be addressed with a handgun.
Authorized Users: Only officers who have completed POST certified training are authorized to use a rifle.
Expected Life Span:
• REMINGTON .308 MODEL 700 - 15 years.
• SIG SAUER 516 SWAT OPERATOR - 10 years.
18.d
Packet Pg. 491 Attachment: Military Equipment Policy 2025 (6020 : Military Equipment Policy) 12 | P A G E
• COLT AR-15 MODELS M16A1, A2, A3, AND BUSHMASTER.223 - 15 years. • WINCHESTER .223 AND .308 RIFLE ROUNDS AND HORNADY .308 RIFLE ROUNDS - No expiration.
Fiscal Impact: Annual maintenance is approximately $50 for each rifle.
Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. All officers must pass a range qualification course for the rifle two times a year.
Legal and Procedural Rules: Use is established by the Barstow Police Department Firearms Policy, which is posted on the department internet website.
Notes:
18.d
Packet Pg. 492 Attachment: Military Equipment Policy 2025 (6020 : Military Equipment Policy) 13 | P A G E
CHEMICAL AGENTS AND SMOKE CANISTERS
Equipment Type: Canisters that contain chemical agents or smoke that are released when deployed.
Description, Purchase Cost, Quantity, Capabilities:
• DEFENSE TECHNOLOGY TRIPLE-CHASER SEPARATING CANISTER, CS #1026, Costs: $47, Quantity: 17, Capabilities: The Triple-Chaser CS canister consists of three separate canisters compressed together with separating charges between them. When deployed the canisters separate landing approximately 20 feet apart from each other. This allows for an increase of area coverage in a short period of time. The canister is hand thrown and holds approximately 92 grams of active agent. It has a burn time of approximately 20-30 seconds. • DEFENSE TECHNOLOGY FLAMELESS TRI-CHAMBER CS CANISTER #1032, Costs: $45, Quantity: 15, Capabilities: The Tri-Chamber flameless grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of a fire. Although the Tri-Chamber grenade can be used in crowd control situations it is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately 20 grams of agent during a 20-30 second burn time. The purpose of the Tri-Chamber flameless grenade is to minimize risk to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. This grenade provides officers with the option of delivering a pyrotechnic chemical agents device indoors maximizing the agents effectiveness while minimizing the chance of a fire to the structure.
• DEFENSE TECHNOLOGY RIOT CONTROL CONTINUOUS DISCHARGE CS CANISTER #1082, Cost: $30, Quantity: 12, Capabilities: The Riot Control CS Grenade has an agent content of 75.6 grams and is specifically designed for outdoor use in crowd control situations. The grenade expels a large agent concentration in a continuous burn for 20-40 seconds, through four gas ports located at the top of the canister. The grenade can be used to route a crowd or conceal officers movements.
• DEFENSE TECHNOLOGY SPEDE-HEAT RIOT CONTROL CS GRENADE #1072, Cost: $47, Quantity: 2, Capabilities: The Spede-Heat grenade is specifically designed for outdoor use during large crowd control situations. The grenade has a large agent concentration and long discharge time of approximately 20-40 seconds to cover large areas. The CS grenade has an agent content of 81.2 grams.
• DEFENSE TECHNOLOGY CS FERRET ROUNDS #1162, Costs: $26, Quantity:
25, Capabilities: The Ferret Rounds are designed to deliver chemical agents in barricade situations. The Ferret Rounds incorporate a frangible projectile that is filled with liquid CS agent. Upon impact, the nose cone ruptures and instantaneously delivers the agent payload inside the structure. The Ferret Round is non-burning and has an effective range of 50 yards when launched from the 37mm weapon system.
Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of less lethal weapon systems may include but are not limited to:
• Self-destructive, dangerous and/or combative individuals. • Armed barricaded subjects.
• Riot/crowd control and violent civil unrest incidents. • Circumstances where a tactical advantage can be obtained.
18.d
Packet Pg. 493 Attachment: Military Equipment Policy 2025 (6020 : Military Equipment Policy) 14 | P A G E
• Potentially vicious animals.
• Training exercises or approved demonstrations.
Authorized Users: Only officers who have received POST certified training in the use of chemical agents are authorized to use chemical agents.
Expected Life Span: 5 years from manufacturing date.
Fiscal Impact: No annual maintenance.
Training: Officers utilizing chemical agents canisters or munitions are certified by POST less lethal and chemical agents instructors. All sworn officers are required to have inhouse chemical agents training once a year.
Legal and Procedural Rules: Use is established by the Barstow Police Department Control Devices and Techniques Policy. It is the policy of the Barstow Police Department to utilize chemical agents for law enforcement purposes only and in accordance with state and federal law including those regarding use of force.
Notes:
18.d
Packet Pg. 494 Attachment: Military Equipment Policy 2025 (6020 : Military Equipment Policy) Joint Special Council/BFPD
06/17/25 05:30 PM
Building
Amy Sanchez
Resolution
Doc ID: 6016
AGENDA ITEM
AGENDA MATTER:
PUBLIC HEARING – CONSIDERATION OF DEVELOPMENT AGREEMENT TERMINATION FOR COMMERCIAL CANNABIS BUSINESS OPERATOR ZENGROW, INC.
EXECUTIVE SUMMARY:
Staff is recommending that the City Council adopt a resolution terminating the development agreement the City entered into with Zengrow, Inc. for Zengrow, Inc.’s failure to comply with the terms of their development agreements and provisions of the Barstow Municipal Code.
DISCUSSION:
Zengrow’s Payment Obligations
As a commercial cannabis business operator within the City, Zengrow, Inc. (“Zengrow”) is subject to, and must operate its commercial cannabis business in compliance with, the development agreement it entered into with the City (“DA”). The DA requires Zengrow to comply with: (a) all provisions of the resolution that adopted the DA; (b) Barstow Municipal Code Chapter 19.27, et. seq. (Uses Related to Cannabis); (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. A copy of the development agreement is attached as Attachment 1.
Under the DA and Barstow Municipal Code (“BMC”) Chapter 19.27, Zengrow was required to obtain a cannabis business permit and pay a cannabis permit application fee prior to operating a cannabis business within the City. Thereafter, Zengrow was required to annually renew its permit and pay the permit renewal fee established by City Council resolution to the City. The City’s Master Fee Schedule, adopted through Resolution No. 5169-2024, established Zengrow’s 2024 permit renewal fee at $14,107.85. Zengrow failed to pay this fee to the City as and when due.
Pursuant to the DA, when Zengrow’s 2024 operating and permit renewal fees became more than 30 days past due, Zengrow incurred a 25% late penalty for each unpaid fee in the amounts of $27,142.50 and $3,526.96, respectively. Zengrow has failed to pay the City these amounts.
In sum, Zengrow failed to make the following payments to the City as and when due under the below-specified sections of the DA and/or Barstow Municipal Code:
19 Packet Pg. 495
Joint Special Council/BFPD
06/17/25 05:30 PM
Building
Amy Sanchez
Resolution
Doc ID: 6016
AGENDA ITEM
Fee Type Year Amount DA / BMC Cite
Operating Fee 2024 $108,570.00 DA section 8
Late Operating Fee Penalty 2024 $27,142.50 DA section 8 Permit Renewal 2024 $14,107.85 DA section 8; BMC section 19.27.110; Master Fee Resolution
Late Permit Renewal Penalty 2024 $3,526.96 DA section 8 Community Benefits Program 2024 $43,428.00 DA section 6 TOTAL $196,775.31
Each nonpayment listed above constitutes a separate and distinct breach by Zengrow of the DA.
Zengrow’s failure to cure any one of the forgoing violations provides a basis to terminate the DA.
City’s Enforcement of the DA
The City may terminate a commercial cannabis business operator’s development agreement because of the operator’s breach thereof by providing the operator with at least 30-days written notice of the default and opportunity to cure followed by a public hearing and Council decision. The public hearing must be preceded by the City’s notice to the operator of its intent to terminate the development agreement.
On February 5, 2025, the City sent Zengrow a notice of breach informing it of its breaches, providing it with 35 days to cure by paying the past due amounts to the City, and notifying it of the City’s intent to terminate the development agreement at a public hearing. Only the inspection fees collectively totaling $1,100.00 were paid by Zengrow in response to the February 5, 2025 notice of breach. After Zengrow failed to cure all other breaches within 35 days, the City sent Zengrow a notice of intent to terminate the DA on May 14, 2025 informing Zengrow that: (a) it failed to cure the DA breaches set forth in the February 5, 2025 notice of breach; (b) the City intended to terminate the DA; and (c) the City would hold a public hearing on June 17, 2025 at 7:00 p.m. at Barstow City Hall located at 220 E. Mountain View Street, Barstow, CA 92311 to consider the termination of Zengrow’s DA. 19 Packet Pg. 496
Joint Special Council/BFPD
06/17/25 05:30 PM
Building
Amy Sanchez
Resolution
Doc ID: 6016
AGENDA ITEM
Copies of the City’s February 5, 2025 Notice of Breach and May 14 Notice of Intent to Terminate Development Agreement are attached as Attachment 2 and Attachment 3, respectively. A resolution terminating the DA is attached as Attachment 4.
California Environmental Quality Act
Adopting the resolution terminating the DA is not subject to the California Environmental Quality Act (CEQA) under CEQA guidelines Section 15061(b)(3) because CEQA applies only to projects that have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that terminating the DA will have a significant effect on the environment, therefore no further environmental review is necessary.
Attachment 1 - Zengrow Development Agreement
Attachment 2 - February 5, 2025 Notice of Breach to Zengrow Attachment 3 - May 14, 2025 Notice of Intent to Terminate Development Agreement Attachment 4 - Resolution Terminating Development Agreement Between Zengrow and the City FISCAL IMPACT:
The City is not expected to incur any negative fiscal impact from terminating these development agreements.
RECOMMENDED ACTION:
That the City Council adopt the resolution terminating the development agreement with Zengrow (Attachment 4)) and direct staff to take further steps to consummate the development agreement termination.
If the development agreement is terminated, the City plans to assess its options for how to best use the property.
19 Packet Pg. 497
400659.1
ATTACHMENT 1
Zengrow Development Agreement
19.a
Packet Pg. 498 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 499 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 500 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 501 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 502 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 503 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 504 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 505 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 506 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 507 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 508 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 509 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 510 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 511 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 512 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 513 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 514 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 515 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 516 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 517 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 518 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 519 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 520 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 521 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 522 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 523 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 524 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 525 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 526 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 527 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 528 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 529 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 530 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 531 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 532 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 533 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 534 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 535 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 536 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 537 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 538 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 539 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 540 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 541 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 542 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 543 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 544 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 545 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 546 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 547 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 548 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 549 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 550 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 551 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 552 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 553 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 554 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 555 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 556 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement
19.a
Packet Pg. 557 Attachment: Attachment 1 - Staff Report for Zengrow DA Terminations (6016 : Public Hearing – Consideration of Development Agreement 400659.1
ATTACHMENT 2
Notice of Breach from the City to Zengrow
(February 5, 2025)
19.b
Packet Pg. 558 Attachment: Attachment 2 - Staff Report for Zengrow DA Terminations-2 (6016 : Public Hearing – Consideration of Development Agreement City of Barstow
220 East Mountain View Street, Suite A
Barstow California 92311-2839
388420.1
February 5, 2025
Sent via Certified Mail, Return Receipt Requested
Zengrow Inc.
3746 Foothill Blvd #129
Glendale, CA 91214
Zengrow Inc.
2861 Lenwood Rd Bldg 2
Barstow, CA 92311
Re: Notice of Breach – Commercial Cannabis Business Development Agreement Notice of Violation – Barstow Cannabis Permit Laws
Operator: Zengrow Inc. (“Operator” or “you”)
Owner: Edvin Mehrabyan (“Owner”)
Premises: 2861 Lenwood Rd Bldg 2 (“Premises”)
Dear Operator:
NOTICE OF BREACH – COMMERCIAL CANNABIS
BUSINESS DEVELOPMENT AGREEMENT
YOU ARE HEREBY NOTIFIED that you are in breach of that certain Commercial Cannabis Business Development Agreement (“Development Agreement”) entered into by and between you, the City of Barstow (“City”), and Owner on January 17, 2023 specifically described herein.
Development Agreement Payment Obligations
Under the Development Agreement, you were required to comply with the following payment terms:
“Fees. Operator… agrees to pay all permit fees and charges adopted by [Barstow] 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.” (Section 7.a.).
You were further obligated to pay the permit renewal fee under, without limitation, sections 2.a.IV., 4.a., and/or 18 of the Development Agreement. Pursuant to the City of Barstow’s Master Fee Schedule, adopted by City Council resolution, the annual permit renewal fee is $14,107.85 for fiscal years 2024 and 2025 Barstow Municipal Code (“BMC”) § 19.27.110(b), requires that you to renew your cannabis business permit and pay the permit renewal application fee, established by City through its adoption of its Master Fee Schedule, at least 60 days before the expiration date of your permit.
19.b
Packet Pg. 559 Attachment: Attachment 2 - Staff Report for Zengrow DA Terminations-2 (6016 : Public Hearing – Consideration of Development Agreement
Notice of Breach of Development Agreement and Right to Cure You have failed to renew your cannabis business permit and/or pay the cannabis business permit renewal application fee at least 60 days before the expiration date of your cannabis business permit. More specifically, you failed to pay the following amount(s) to the City as and when due under the Development Agreement, Barstow City Council Resolution(s), and/or Barstow Municipal Code in breach of the Development Agreement and/or the Barstow Municipal Code, each of which is a separate and distinct breach:
FEE TYPE FISCAL YEAR AMOUNT
DUE
Operating Fee 2024 $108,570.00
Operating Fee Penalty 2024 $27,142.50
Permit Renewal 2024 $14,107.85
Permit Renewal Penalty 2024 $3,526.96
Community Benefits Program 2024 $43,428.00
Quarterly Inspection 4th Qtr (Sep24 – Nov24) $550.00
Quarterly Inspection 1st Qtr (Dec24 – Feb25) $550.00
TOTAL DUE $197,875.31
To cure the foregoing breach(es), you must pay each outstanding amount and any associated penalty described above to the City within 35 days after the date of this notice. Payment may be made by one or more of these methods:
☐ Business Check ☐ Cashier’s Check ☐ Credit / Debit ☐ Cash Checks shall be made payable to “City of Barstow.” Cash and checks must be delivered to: Amy Sanchez, Administrative Analyst / Cannabis Division Coordinator, 220 E Mountain View St, Ste. A, Barstow, CA 92311. If paying by cash, you must schedule an appointment with Amy Sanchez in advance, which said appointment and payment must occur within the 35-day cure period.
Failure to Cure and Termination Hearing
If you fail to cure this Notice of Breach, then you will be in default of the Development Agreement and the City will hold a public hearing to consider whether to terminate the Development Agreement.
Notice of Public Hearing
NOTICE IS HEREBY GIVEN that the City Council will hold a public hearing to consider whether to terminate your Development Agreement at the following date, time, and location:
Hearing Date / Time: April 7, 2025 at 7:00 p.m.
Hearing Location: Barstow City Hall
220 E Mountain View Street
Barstow, CA 92311
You have the right to be heard at the public hearing and you may present physical evidence, testimony, and argument supporting your position.
19.b
Packet Pg. 560 Attachment: Attachment 2 - Staff Report for Zengrow DA Terminations-2 (6016 : Public Hearing – Consideration of Development Agreement
If the City terminates the Development Agreement, the City shall retain any and all benefits, including, without limitation, money or land received by the City, under the Development Agreement, as provided in section 14.e. of the Development Agreement.
NOTICE OF VIOLATION – BARSTOW CANNABIS LAWS
Permit Revocation Authority
BMC § 19.27.160(b) provides:
“If the city manager determines that a cannabis business in the city has violated the requirements of this Code or any other applicable law, including the terms of each cannabis business’ development agreement, conditional use permit, and cannabis business permit, the city manager may issue the cannabis business a written notice of violation, which shall identify each violation, specify the facts underlying each violation, and specify any administrative penalty imposed for each violation.”
BMC § 19.27.160(c) provides:
“The city manager may impose one or more of the following administrative penalties on a cannabis business for violation of this chapter or any other applicable law: (1) Suspension of permit; (2) Revocation of permit; (3) Imposition of more restrictive permit operating requirements; (4) Order to take corrective action.”
Acting City Manager Determination and Penalty Imposition I, Chris Heldreth, Acting City Manager for the City of Barstow, have determined that you have violated the Barstow Municipal Code and your Development Agreement by failing to renew your cannabis business permit and/or pay the cannabis business permit renewal application fee at least 60 days before the expiration date of your cannabis business permit, as more specifically described above. This letter is your written notice of violation under Barstow Municipal Code § 19.27.160(b). The specific facts underlying said violation(s) are described in the “Development Agreement Payment Obligations” and “Notice of Breach of Development Agreement and Right to Cure” sections above.
Because of the foregoing violation(s) and having considered relevant factors including those set forth in BMC § 19.27.160(d), including specifically, but without limitation, the substantial length of time the permit fees have gone unpaid and the significant amount of the unpaid permit fees due, I hereby impose the following, appropriate, administrative penalty under BMC § 19.27.160(c):
Your cannabis business permit is and shall be revoked effective April 7, 2025 at the end of the day.
Opportunity to Cure
However, if you cure this Notice in the manner and by the deadline set forth in the “Notice of Breach of Development Agreement and Right to Cure” section above, then this Notice of Violation served under Barstow Municipal Code § 19.27.160 shall automatically become null and void and your permit will not be revoked on April 7, 2025.
19.b
Packet Pg. 561 Attachment: Attachment 2 - Staff Report for Zengrow DA Terminations-2 (6016 : Public Hearing – Consideration of Development Agreement
Effective Date of Revocation / Right to Pre-Revocation Hearing Upon Request This Notice of Violation shall be final and effective 30 days from the date of this Notice of Violation unless you timely appeal under Barstow Municipal Code § 19.27.170. You may appeal this Notice of Violation and the administrative penalty of permit revocation under Barstow Municipal Code § 19.27.170.
This Notice of Violation, including the administrative penalty of permit revocation imposed hereby, will not be effective during the pendency of a timely appeal, which allows the Operator to request a prerevocation hearing.
NOTICE IS HEREBY GIVEN that if you appeal this Notice of Violation, then the City Council will hold a public hearing to consider your appeal at the same hearing date and time and at the same hearing location described in the “Notice of Public Hearing” section above. At such a public hearing, you will have a reasonable opportunity to present evidence and arguments concerning your appeal. The City Council will decide whether to uphold, reverse, or modify the city manager’s decision and the City Council’s decision will become effective upon issuance.
Moving Forward
While this correspondence is concerned with your unpaid cannabis business permit, please be advised you may be responsible for other amounts due and owing to the City under the Development Agreement, which may include, without limitation, the yearly operating fee (section 7.c.1.) and annual community benefits program payments (section 5.b.). The omission of any other outstanding amounts due under the Development Agreement from this letter shall not be construed as a waiver and the City expressly reserves any and all right to pursue all such amounts.
The City hopes this letter will prompt your compliance with the Development Agreement and the laws of the City of Barstow within the cure period provided. At the same time, the City is ready to take all available action to enforce the Development Agreement and the Barstow Municipal Code, including, without limitation, termination of the Development Agreement, revocation of your cannabis business permit, and legal action.
Thank you in advance for your compliance with this letter.
Sincerely,
Chris Heldreth
Acting City Manager
cc: Matthew T. Summers
Barstow City Attorney
19.b
Packet Pg. 562 Attachment: Attachment 2 - Staff Report for Zengrow DA Terminations-2 (6016 : Public Hearing – Consideration of Development Agreement 400659.1
ATTACHMENT 3
Notice of Intent to Terminate
Development Agreement
from the City to Zengrow
(May 14, 2025)
19.c
Packet Pg. 563 Attachment: Attachment 3 - Staff Report for Zengrow DA Terminations-3 (6016 : Public Hearing – Consideration of Development Agreement
City of Barstow
220 East Mountain View Street, Suite A,
Barstow California 92311-2839
Ph: 760-256-3531 • Fax: 760-256-1750 • www.barstowca.org May 14, 2025
Sent via First Class Mail and Certified Mail, Return Receipt Requested Zengrow Inc.
3746 Foothill Blvd #129
Glendale, CA 91214
Zengrow Inc.
2861 Lenwood Rd Bldg 2
Barstow, CA 92311
Re: Notice of Intent to Terminate –
Commercial Cannabis Business Development Agreement
Greetings:
As you know, on February 5, 2025 the City of Barstow (“City”) sent you a notice of breach (“Notice of Breach”) informing you that you were in breach of your Commercial Cannabis Business Development Agreement (“Development Agreement”) because you failed to pay certain amounts to the City as and when due under the Development Agreement, Barstow City Council Resolution(s), and/or the Barstow Municipal Code.
The Notice of Breach provided you with 35 days within which to cure the breach by paying the outstanding amounts to the City. As of the date of this notice, you have failed to cure the breaches set forth in the Notice of Breach, of copy of which is enclosed for reference.
YOU ARE HEREBY NOTIFIED pursuant to Barstow Municipal Code section 19.46.050(b) that the City intends to terminate and cancel the Development Agreement in its entirety.
YOU ARE FURTHER NOTIFIED that the City Council will hold a public hearing to consider whether to terminate and cancel the Development Agreement at the following date, time, and location:
Hearing Date / Time: June 17, 2025 at 7:00 p.m.
Hearing Location: Barstow City Hall
220 E Mountain View Street
Barstow, CA 92311
19.c
Packet Pg. 564 Attachment: Attachment 3 - Staff Report for Zengrow DA Terminations-3 (6016 : Public Hearing – Consideration of Development Agreement
City of Barstow
220 East Mountain View Street, Suite A,
Barstow California 92311-2839
Ph: 760-256-3531 • Fax: 760-256-1750 • www.barstowca.org You have the right to be heard at the public hearing and you may present physical evidence, testimony, and argument supporting your position. Subsequent notice of the foregoing public hearing will be given by the City in accordance with Barstow Municipal Code sections 19.46.030 and 19.40.010.
If the City terminates the Development Agreement, the City shall retain any and all benefits, including, without limitation, money or land received by the City, under the Development Agreement, as provided in section 15.e. of the Development Agreement.
Sincerely,
Amy Sanchez
Administrative Analyst
Community Development Dept.
Cannabis Division Coordinator
Encl: Notice of Breach
cc: Outlet Barstow
910 Broadway #110
Santa Monica, CA 90401-2796
Matthew T. Summers
Barstow City Attorney
19.c
Packet Pg. 565 Attachment: Attachment 3 - Staff Report for Zengrow DA Terminations-3 (6016 : Public Hearing – Consideration of Development Agreement 400659.2
ATTACHMENT 4
Draft Resolution:
Terminating Development Agreement
Between Zengrow and the City
19.d
Packet Pg. 566 Attachment: Attachment 4 - Staff Report for Zengrow DA Terminations-4 (6016 : Public Hearing – Consideration of Development Agreement RESOLUTION NO. ________-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 ZENGROW, INC.
WHEREAS, the City of Barstow (the “City”) entered into a Commercial Cannabis Business Development Agreement (“Development Agreement”) with Zengrow, Inc. (“Zengrow”) on December 19, 2022 concerning the property located at 2861 Lenwood Road, Building #2, Barstow, CA 92311 (APN 0428-211-26-0000) (the “Property”); and WHEREAS, the Development Agreement required Zengrow 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 Zengrow 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 Zengrow to annually renew its permit and pay the permit renewal fee established by City Council resolution; and
WHEREAS, City Council Resolution No. 5169-2024 set the cannabis renewal application fee for permits renewed in 2024 at $14,107.85; and
WHEREAS, the Development Agreement required Zengrow to pay an annual operating fee and community benefits program calculated in accordance with the formula set forth in the Development Agreement; and
WHEREAS, Zengrow’s annual operating fee and annual public benefits program fee due the City for 2024 under the Development Agreement is $108,570.00 and $43,428.00, respectively; and
WHEREAS, the Development Agreement requires Zengrow to pay a 25% late penalty on operating fees and permit renewal fees that are more than 30 days past due; and WHEREAS, Zengrow owes the City late penalties resulting from its failure pay its annual operating and permit renewal fees within 30 days of them becoming due in the amounts of $27,142.50 and $3,526.96, respectively; and
WHEREAS, Zengrow breached the Development Agreement by failing to pay its operating fee, operating fee late penalty, permit renewal, permit renewal late penalty, and community benefits program fee; and
WHEREAS, the Development Agreement allows the City to terminate the Development Agreement after providing Zengrow with written notice specifying the nature of the breach,
19.d
Packet Pg. 567 Attachment: Attachment 4 - Staff Report for Zengrow DA Terminations-4 (6016 : Public Hearing – Consideration of Development Agreement specifying the manner in which Zengrow could cure the breach, and providing Zengrow at least 30 days to cure the breach; and
WHEREAS, Barstow Municipal Code Section 19.46.080 required the City to give Zengrow notice of its intention to terminate a Development Agreement; and WHEREAS, the City served Zengrow with a notice of breach with right to cure on January 21, 2025 that provided Zengrow 35 days to cure the breaches in compliance with the development agreement and Barstow Municipal Code Section 19.46.080; and WHEREAS, the City notified Zengrow of its intent to terminate the Development Agreement in notices to Zengrow sent on February 5, 2025 and May 14, 2025; and WHEREAS, Zengrow failed to cure the breaches and is in default of the Development Agreement; and
WHEREAS, the City has the right to terminate the Development Agreement due to Zengrow’s breaches of the Development Agreement and Barstow Municipal Code Chapter 19.27 and Zengrow’s failure to timely cure said breaches; 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 June 17, 2025, the City Council conducted a duly noticed and advertised public hearing concerning the cancellation and termination of 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 Zengrow’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 Zengrow’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. 996-2022, adopted on January 17, 2023 concerning the
19.d
Packet Pg. 568 Attachment: Attachment 4 - Staff Report for Zengrow DA Terminations-4 (6016 : Public Hearing – Consideration of Development Agreement property located at 2861 Lenwood Road, Building #2, Barstow, CA 92311, APN 0428-211-26- 0000.
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 Zengrow 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 17th day of June, 2025, by the following vote:
__________________________________
Timothy Silva, Mayor
ATTEST:
__________________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. ___________-2025 is the actual Resolution duly and regularly adopted by the City Council following a public hearing at a Joint Special Council/BFPD meeting on the June 17, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Andrea Flores, City Clerk
19.d
Packet Pg. 569 Attachment: Attachment 4 - Staff Report for Zengrow DA Terminations-4 (6016 : Public Hearing – Consideration of Development Agreement