Barstow — 2023-01-17

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\nRecommended Action:\nConference with Legal Counsel; Existing Litigation\n(Gov. Code Section 54956.9(d)(1))\nCase Name: Salas v. City of Barstow, San Bernardino County Superior Court Case No. CIV-SB-\n2111435

10. HARVEY HOUSE FOUNDATION ARTICLES OF INCORPORATION / BYLAWS\nRecommended Action:\nReference item only.

11. CHANGE OF OFFICERS FOR YEAR 2023\nRecommended Action:\nApprove the 2023 change of officers for the Harvey House Foundation and accept the 'Statement\nof Information' Form 100 and 'Statement of Facts' Form 405 for filing.

12. FY 2022 ANNUAL REPORT OF THE BARSTOW HARVEY HOUSE FOUNDATION\nRecommended Action:\nReview and accept the Barstow Harvey House Foundation Financial Statements for the fiscal\nyear ending June 30, 2022.\nCITY COUNCIL:

13. ADOPTION OF ORDINANCE 995-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nDESERT BLOOM HOLDINGS, LLC\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 995-2022 approving Desert Bloom\nHoldings, LLC's application for Commercial Cannabis Cultivation, Cannabis Development\nAgreement, Conditional Use Permit, and related land use entitlements. The Planning Commission\nrecommended approval at its October 10, 2022 meeting. The project is exempt from review under\nthe California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24,\nsections 15301, 15302, and 15303, 15061, and 15378.

14. ADOPTION OF ORDINANCE 996-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nZENGROW, INC.\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 996-2022 approving Zengrow, Inc.'s\napplication for Commercial Cultivation, Distribution/Transportation, Manufacturing, Cannabis\nDevelopment Agreement, Conditional Use Permit, and related land use entitlements. The\nPlanning Commission recommended approval at its October 10, 2022 meeting. The project is\nexempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal\nCode of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

15. ADOPTION OF ORDINANCE 997-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nMERCHANTS BARSTOW 3, LLC\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 997-2022 approving Merchants Barstow\n3, LLC’s application for Commercial Cannabis Cultivation, Cannabis Development Agreement,\nConditional Use Permit, and related land use entitlements. The Planning Commission\nrecommended approval at its October 10, 2022 meeting. The project is exempt from review under\nthe California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24,\nsections 15301, 15302, and 15303, 15061, and 15378.

16. ADOPTION OF ORDINANCE 998-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nMERCHANTS BARSTOW 4, LLC\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 998-2022 approving Merchants Barstow\n4, LLC’s application for Commercial Cannabis Cultivation permit, Cannabis Development\nAgreement, Conditional Use Permit, and related land use entitlements. The Planning Commission\nrecommended approval at its October 10, 2022 meeting. The project is exempt from review under\nthe California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24,\nsections 15301, 15302, and 15303, 15061, and 15378.

17. ADOPTION OF ORDINANCE 999-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nGROW ORGANIC 5, INC.\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 999-2022 approving Grow Organic 5,\nInc.’s application for Commercial Cannabis Cultivation, Cannabis Development Agreement,\nConditional Use Permit, and related land use entitlements. The Planning Commission\nrecommended approval at its October 10, 2022 meeting. The project is exempt from review under\nthe California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24,\nsections 15301, 15302, and 15303, 15061, and 15378.

18. ADOPTION OF ORDINANCE 1000-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nGROW ORGANIC 6, INC.\nRecommended Action:\nStaff recommends the City Council introduce Ordinance No. 1000-2022 approving Grow Organic\n5, Inc. application for Commercial Cannabis Cultivation, Cannabis Development Agreement,\nConditional Use Permit, and related land use entitlements. The Planning Commission\nrecommended approval at its October 10, 2022 meeting. The project is exempt from review under\nthe California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24,\nsections 15301, 15302, and 15303, 15061, and 15378.

19. ADOPTION OF ORDINANCE 1001-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nGROW ORGANIC 7, INC.\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 1001-2022 approving Grow Organic 7,\nInc.’s application for Commercial Cannabis Cultivation, Cannabis Development Agreement,\nConditional Use Permit, and related land use entitlements. The Planning Commission\nrecommended approval at its October 10, 2022 meeting. The project is exempt from review under\nthe California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24,\nsections 15301, 15302, and 15303, 15061, and 15378.

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\nRecommended Action:\nConference with Legal Counsel; Existing Litigation\n(Gov. Code Section 54956.9(d)(1))\nCase Name: Prothro v. City of Barstow, San Bernardino County Superior Court Case No. CIV-\nSB-2116163

20. ADOPTION OF ORDINANCE 1002-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nGROW ORGANIC, INC.\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 1002-2022 approving Grow Organic,\nInc.’s application for Commercial Cannabis Distribution/Transportation, Cannabis Manufacturing,\nCannabis Development Agreement, Conditional Use Permit, and related land use entitlements.\nThe Planning Commission recommended approval at its October 10, 2022 meeting. The project\nis exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal\nCode of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

21. ADOPTION OF ORDINANCE 1003-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nGROW ORGANIC 9, INC.\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 1003-2022 approving Grow Organic 9,\nInc.’s application for Commercial Cannabis Cultivation, Cannabis Development Agreement,\nConditional Use Permit, and related land use entitlements. The Planning Commission\nrecommended approval at its October 10, 2022 meeting. The project is exempt from review under\nthe California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24,\nsections 15301, 15302, and 15303, 15061, and 15378.

22. ADOPTION OF ORDINANCE 1004-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nGROW ORGANIC 10, INC.\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 1004-2022 approving Grow Organic 10,\nInc.’s application for Commercial Cannabis Cultivation, Cannabis Development Agreement,\nConditional Use Permit, and related land use entitlements. The Planning Commission\nrecommended approval at its October 10, 2022 meeting. The project is exempt from review under\nthe California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24,\nsections 15301, 15302, and 15303, 15061, and 15378.

23. ADOPTION OF ORDINANCE 1005-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nGROW ORGANIC 11, INC.\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 1005-2022 approving Grow Organic 11,\nInc.’s application for Commercial Cannabis Cultivation, Cannabis Development Agreement,\nConditional Use Permit, and related land use entitlements. The Planning Commission\nrecommended approval at its October 10, 2022 meeting. The project is exempt from review under\nthe California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24,\nsections 15301, 15302, and 15303, 15061, and 15378.

24. ADOPTION OF ORDINANCE 1006-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nGROW ORGANIC 12, INC.\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 1006-2022 approving Grow Organic 12,\nInc.’s application for Commercial Cannabis Cultivation, Cannabis Development Agreement,\nConditional Use Permit, and related land use entitlements. The Planning Commission\nrecommended approval at its October 10, 2022 meeting. The project is exempt from review under\nthe California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24,\nsections 15301, 15302, and 15303, 15061, and 15378.

25. ADOPTION OF ORDINANCE 1007-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nMERCHANTS BARSTOW 13, LLC\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 1007-2022 approving Merchants\nBarstow 13, LLC application for Commercial Cannabis Cultivation, Cannabis Development\nAgreement, Conditional Use Permit, and related land use entitlements. The Planning Commission\nrecommended approval at its October 10, 2022 meeting. The project is exempt from review under\nthe California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24,\nsections 15301, 15302, and 15303, 15061, and 15378.

26. ADOPTION OF ORDINANCE 1008-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nMERCHANTS BARSTOW 14, LLC\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 1008-2022 approving Merchants\nBarstow 14, LLC application for Commercial Cannabis Cultivation, Cannabis Development\nAgreement, Conditional Use Permit, and related land use entitlements. The Planning Commission\nrecommended approval at its October 10, 2022 meeting. The project is exempt from review under\nthe California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24,\nsections 15301, 15302, and 15303, 15061, and 15378.

27. ADOPTION OF ORDINANCE 1009-2022 APPROVING A DEVELOPMENT AGREEMENT WITH\nHIGH PERIOR FARMS, LLC\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 1009-2022 approving High Perior\nFarms, LLC’s application for Commercial Cannabis Cultivation, Cannabis\nDistribution/Transportation, Cannabis Manufacturing, Cannabis Development Agreement,\nConditional Use Permit, and related land use entitlements. The Planning Commission\nrecommended approval at its October 10, 2022 meeting. The project is exempt from review under\nthe California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24,\nsections 15301, 15302, and 15303, 15061, and 15378.

28. ADOPTION OF ORDINANCE 1010-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nK.H.G., LLC\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 1010-2022 approving K.H.G. Group,\nLLC's application for Commercial Cannabis Cultivation, Cannabis Development Agreement,\nConditional Use Permit, and related land use entitlements. The Planning Commission\nrecommended approval at its October 10, 2022 meeting. The project is exempt from review under\nthe California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24,\nsections 15301, 15302, and 15303, 15061, and 15378.

29. ADOPTION OF ORDINANCE 1011-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nSKY CLUB HD, LLC\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 1011-2022 approving Sky Club HD,\nLLC's application for a Commercial Cannabis Dispensary, Commercial Cannabis Cultivation,\nCannabis Development Agreement, Conditional Use Permit, and related land use entitlements.\nThe Planning Commission recommended approval at its October 10, 2022 meeting. The project\nis exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal\nCode of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\nRecommended Action:\nConference with Legal Counsel; Existing Litigation\n(Gov. Code Section 54956.9(d)(1))\nCase Name: Hernandez v. City of Barstow, San Bernardino County Superior Court Case No.\nCIV-SB-2125628

30. ADOPTION OF ORDINANCE 1012-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nWINNERS CIRCLE HD, LLC\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 1012-2022 approving Winners Circle\nHD, LLC’s application for a Commercial Cannabis Dispensary, Commercial Cannabis Cultivation,\nCannabis Development Agreement, Conditional Use Permit, and related land use entitlements.\nThe Planning Commission recommended approval at its October 10, 2022 meeting. The project\nis exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal\nCode of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

31. ADOPTION OF ORDINANCE 1013-2022 APPROVING DEVELOPMENT AGREEMENT WITH\n1919 BUILDING, INC.\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 1013-2022 approving 1919 Building,\nInc.’s application for Commercial Cannabis Distribution/Transportation, Commercial Cannabis\nManufacturing, Cannabis Development Agreement, Conditional Use Permit, and related land use\nentitlements. The Planning Commission recommended approval at its October 10, 2022 meeting.\nThe project is exempt from review under the California Environmental Quality Act, per CEQA\nGuidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

32. ADOPTION OF ORDINANCE 1014-2022 APPROVING DEVELOPMENT AGREEMENT WITH\n2119 BUILDING, INC.\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 1014-2022 approving 2119 Building,\nInc.’s application for a Commercial Cannabis Cultivation, Cannabis Development Agreement,\nConditional Use Permit, and related land use entitlements. The Planning Commission\nrecommended approval at its October 10, 2022 meeting. The project is exempt from review under\nthe California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24,\nsections 15301, 15302, and 15303, 15061, and 15378.

33. ADOPTION OF ORDINANCE 1015-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nBARSTOW COMPANY, INC.\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 1015-2022 approving Barstow\nCompany, Inc.’s application for a Commercial Cannabis Cultivation permit, Commercial Cannabis\nDistribution/Transportation permit, Cannabis Development Agreement, Conditional Use Permit,\nand related land use entitlements. The Planning Commission recommended approval at its\nOctober 10, 2022 meeting. The project is exempt from review under the California Environmental\nQuality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303,\n15061, and 15378.

34. ADOPTION OF ORDINANCE 1016-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nBEVERLY HILLS VIEW, INC.\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 1016-2022 approving Beverly Hills View,\nInc.’s application for a Commercial Cannabis Cultivation permit, Cannabis Development\nAgreement, Conditional Use Permit, and related land use entitlements. The Planning Commission\nrecommended approval at its October 10, 2022 meeting. The project is exempt from review under\nthe California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24,\nsections 15301, 15302, and 15303, 15061, and 15378.

35. ADOPTION OF ORDINANCE 1017-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nLA 2 VEGAS, INC.\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 1017-2022 approving LA 2 Vegas, Inc.’s\napplication for a Commercial Cannabis Cultivation permit, Cannabis Development Agreement,\nConditional Use Permit, and related land use entitlements. The Planning Commission\nrecommended approval at its October 10, 2022 meeting. The project is exempt from review under\nthe California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24,\nsections 15301, 15302, and 15303, 15061, and 15378.

36. ADOPTION OF ORDINANCE 1018-2022 APPROVING DEVELOPMENT AGREEMENT WITH\nMERCHANTS BARSTOW, LLC\nRecommended Action:\nStaff recommends the City Council adopt Ordinance No. 1018-2022 approving Merchants\nBarstow, LLC’s application for a Commercial Cannabis Cultivation Permit, Commercial Cannabis\nDistribution/Transportation Permit, Commercial Cannabis Manufacturing Permit, Cannabis\nDevelopment Agreement, Conditional Use Permit, and related land use entitlements. The\nPlanning Commission recommended approval at its October 10, 2022 meeting. The project is\nexempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal\nCode of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

37. DISCUSSION OF FEATURING SPEAKERS ON CAMERA DURING PUBLIC COMMENTS\nRecommended Action:\nDiscussion only; provide direction to staff.

38. APPOINTMENT OF PLANNING COMMISSIONER\nRecommended Action:\nStaff recommends that the City Council take one of the two the following actions:\n1. Appoint Juan Antonio DeLucas to another four (4) year term (1/1/2023 - 12/31/2026) or;\n2. Direct that the City Clerk advertise the vacancy on the Planning Commission, instruct staff to\nestablish time frames for the submittal of applications, and appoint two City Council members to a\nSelection Committee to conduct interviews with potential Planning Commission applicants.\nGENERAL, NON-AGENDA PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL\nPUBLIC TO ADDRESS THE GOVERNING BOARD ON MATTERS NOT ON THE AGENDA AND WITHIN\nTHE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE\nMINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM\nBEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE\nGIVEN TO THE CITY CLERK.\nSTAFF REPORTS:

39. CITY MANAGER'S UPDATE\nRecommended Action:\nReceive and file.\nCOUNCIL COMMITTEE REPORTS:\nBUSINESS OF THE COUNCIL:

4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION\nRecommended Action:\n(Gov. Code § 54956.9(d)(2) & (e)(3))\nA point has been reached where, in the opinion of the City Council on the advice of its legal\ncounsel, based on the below-described existing facts and circumstances, there is a significant\nexposure to litigation against the City.\nReceipt of Claim pursuant to Tort Claims Act or other written communication threatening litigation\n(copy available for public inspection in Clerk’s office). (Gov. Code § 54956.9(e)(3))\nName of Person or Entity Threatening Litigation: Kyle Wooley

5. CERTIFICATE OF RECOGNITION FOR BARSTOW COMMUNITY FOOTBALL AND CHEER\nRecommended Action:\nPresentation only.

6. PRESENTATION OF PROCLAMATION IN RECOGNITION OF NATIONAL FAMILY\nCAREGIVERS MONTH\nRecommended Action:\nPresent proclamation in recognition of National Family Caregivers Month.\nCONSENT CALENDAR PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL\nPUBLIC TO ADDRESS THE GOVERNING BOARD ON ALL MATTERS ON THE CONSENT CALENDAR.\nSPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS ON ALL CONSENT ITEMS TO THREE MINUTES\nOR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING\nADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN\nTO THE CITY CLERK.\nMINUTES ALL AGENCIES:

9. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES\nRecommended Action:\nApprove and ratify expenses, as audited, for checks #89731-90178 totaling $4,665,481.19 and\nwires #846-850 totaling $189,023.38, per the Agency breakdown below:\nCity: $4,574,115.54\nFire: $280,389.03\nSuccessor Agency: $0.00\nGrand Total: $4,854,504.57\nHARVEY HOUSE: