Agenda packet — Barstow City Council, April 18, 2022

BARSTOW CITY COUNCIL

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
APRIL 18, 2022
5:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA

REGULAR MEETING
Agenda-April 18, 2022

Page 1 of 5 ends

MAYOR
Paul Anthony Courtney

COUNCILMEMBERS
Barbara Mae Rose
James M. Noble
Marilyn Dyer Kruse
Timothy R. Silva

ELECTED CITY CLERK
Andrea Flores

ELECTED CITY TREASURER
Michael Lewis

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

Juanantonio Delucas

BARSTOW FIRE PROTECTION

DISTRICT
A Subsidiary District of the City of
Barstow
Paul Anthony Courtney
Barbara Mae Rose
James M. Noble
Marilyn Dyer Kruse
Timothy R. Silva
CLOSED SESSION 5:00 PM
CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

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

ANY ITEM ON THE AGENDA INCLUDING ANY ITEM ON THE

CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING

OUT A SPEAKER REQUEST CARD AND HAND TO THE CITY
CLERK PRIOR TO THE AGENDA ITEM BEING ADDRESSED.

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

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

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

DECISIONS MADE TONIGHT WILL BE FOR THE BENEFIT OF

THE BARSTOW COMMUNITY AND NOT FOR PERSONAL
GAIN
Agenda-April 18, 2022

Page 2 of 5 ends

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

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

CLOSED SESSION AGENDA ITEMS:

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

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

2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Recommended Action:
(Gov't Code Section § 54956.9(d)(4))
Number of Potential Cases: 1.

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Recommended Action:
(Government Code Section 54957)
Title: City Manager
REPORT OF CLOSED SESSION:

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

INVOCATION:

PLEDGE OF ALLEGIANCE:

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

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

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

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

Agenda-April 18, 2022

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

PRESENTATIONS:

4. AFTER-EVENT REPORT AND PRESENTATION BY THE ASSOCIATION OF THE UNITED

STATES ARMY
Recommended Action:

After-event report and presentation only.

5. AFTER-EVENT REPORT AND PRESENTATION BY DOS COSTAS COMMUNICATIONS

CORPORATION
Recommended Action:

After-event report and presentation only.

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

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

MINUTES ALL AGENCIES:

6. MINUTES WORKSHOP - MARCH 30, 2022 12:00 P.M.

Recommended Action:

Approve minutes as presented.

7. MINUTES JOINT SPECIAL MEETING - APRIL 4, 2022 6:00 P.M.

Recommended Action:

Approve minutes as presented.

CITY COUNCIL:

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

INTENTION TO SET THE TIME, DATE AND PLACE FOR A PROTEST HEARING FOR PROPERTY ABATEMENT COSTS AND PENALTIES FOR MAY 16, 2022 AT 7:00 PM Recommended Action:

Approve Resolution _____-2022, setting the date and time for a protest hearing for Property Abatement Costs and Penalties for Monday, May 16, 2022, at 7:00 PM in the Council Chambers and waive the full reading.

9. RESOLUTION AUTHORIZING THE STREET CLOSURE FOR THE PUBLIC SAFETY FAIR ON MAY 7, 2022
Recommended Action:

Adopt Resolution No. ____ -2022, approving the Street Closure and Statement of Findings for the Barstow Police Department Public Safety Fair on May 7, 2022, and to waive the reading.

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

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

Agenda-April 18, 2022

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PUBLIC HEARINGS:

10. FIRST READING AND INTRODUCTION OF AN ORDINANCE OF THE CITY OF BARSTOW APPROVING THE BARSTOW POLICE DEPARTMENT’S PROPOSED “MILITARY EQUIPMENT” USE PROCEDURE AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 7070
Recommended Action:

Staff recommends City Council introduce Ordinance ___- 2022 to adopt the Department’s proposed “military equipment” use procedure. The adoption of the proposed ordinance is exempt from review under the California Environmental Quality Act (“CEQA”), per CEQA Guidelines Section 15378(b)(2, 5).

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

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

BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:

STAFF REPORTS:

POLICE CHIEF COMMENTS:

FIRE CHIEF COMMENTS:

CITY MANAGER COMMENTS:

BUSINESS / ACTION ITEMS:

CITY COUNCIL:

11. ADOPTION OF UPDATED EMERGENCY OPERATIONS PLAN
Recommended Action:

Staff recommends that the Council approve the updated Emergency Operations Plan (EOP) by signing the letter of promulgation and attached Resolution No. 5085-2022 And then direct staff to forward those documents to the State of California Office of Emergency Services for final approval.

12. REQUEST OF COUNCILMEMBER SILVA, SECONDED BY COUNCIL MEMBER DYERKRUSE FOR CITY COUNCIL TO CONSIDER DIRECTING MAYOR TO CEASE ALL

COMMUNICATIONS WITH CITY EMPLOYEES OTHER THAN THE CITY MANAGER Recommended Action:

Staff recommends that the City Council consider Councilmember Silva and Dyer-Kruse’s request for ordering the Mayor to cease communications with all City employees other than the City Manager, and in so doing consider any response from Mayor Courtney, hear public comments, and take any action determined to be appropriate based on the matters presented and deliberated.

Agenda-April 18, 2022

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ADJOURNMENT:

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

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

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

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

Posted on the 14th day of April, 2022.

Regular Meeting
04/18/22 05:00:PM
Maria Chavez
Doc ID: 4987

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

RECOMMENDED ACTION:

Conference with Legal Counsel; Existing Litigation
(Gov. Code Section 54956.9(d)(1))
Case Name: Salas v. City of Barstow, San Bernardino County Superior Court Case No. CIV-SB-2111435 1 Packet Pg. 6
Regular Meeting
04/18/22 05:00:PM
Maria Chavez
Doc ID: 4990

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

RECOMMENDED ACTION:
(Gov't Code Section § 54956.9(d)(4))
Number of Potential Cases: 1.
2 Packet Pg. 7
Regular Meeting
04/18/22 05:00:PM
Maria Chavez
Doc ID: 4991

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:
(Government Code Section 54957)
Title: City Manager
3 Packet Pg. 8
Regular Meeting
04/18/22 05:00 PM
City Manager Department
Maribel Hernandez
Report
Doc ID: 4977

AGENDA ITEM
AGENDA MATTER:

AFTER-EVENT REPORT AND PRESENTATION BY THE ASSOCIATION OF THE UNITED STATES ARMY
EXECUTIVE SUMMARY:

Representative(s) from the Association of the United States Army (AUSA) will be providing a an afterevent report on the Taste of the Bayou Mardi Gras Night held on March 5, 2022.

DISCUSSION:

At the February 22, 2022, City Council meeting, Council awarded a Community Promotional Fund donation in the amount of $2,000 to the AUSA to help offset the costs of the Taste of the Bayou Mardi Gras Night held on March 5, 2022.

Per the Community Promotional Fund Policy, applicants who are awarded a promotional fund grant or inkind services must commit to providing an after-event report and presentation to the City Council outlining how the group used the funding provided by the City of Barstow for the benefit of the community. The AUSA, as a recipient of a community promotional fund grant, will be providing an after-event report.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

After-event report and presentation only.
4 Packet Pg. 9
Regular Meeting
04/18/22 05:00 PM
City Manager Department
Maribel Hernandez
Report
Doc ID: 4994

AGENDA ITEM
AGENDA MATTER:

AFTER-EVENT REPORT AND PRESENTATION BY DOS COSTAS COMMUNICATIONS

CORPORATION
EXECUTIVE SUMMARY:

Representative(s) from Dos Costas Communications Corporation will be providing an after-event report and presentation on the 16th Annual New Mexico Chili Cook-Off & Belen Fiesta held on April 9, 2022.

DISCUSSION:

At the October 18, 2021, City Council meeting, Council granted a Community Promotional Fund donation in the amount of $1,000 and waiver of fees in the amount of $2,800 to Dos Costas Communications Corporation to help offset the costs of the 16th Annual New Mexico Chili Cook-Off & Belen Fiesta held on April 9, 2022. Waiver of fees included the costs for the Parks and Recreation staff to help with set up and clean up, the cost for outside electric and water charges, and the use of spider boxes. The monetary grant and waiver of fees were included in the FY 2021-2022 budget.

Per the Policy, applicants who are awarded a promotional fund grant or in-kind services must commit to providing an after-event report and presentation to the City Council outlining how the group used the funding provided by the City of Barstow for benefit of the community. Dos Costas Communications Corporation, as a recipient of a community promotional fund grant, will be providing its after-event report and presentation.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

After-event report and presentation only.
5 Packet Pg. 10
Regular Meeting
04/18/22 05:00 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 4998

AGENDA ITEM
AGENDA MATTER:

MINUTES WORKSHOP - MARCH 30, 2022 12:00 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
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WORKSHOP

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MARCH 30, 2022
12:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

WORKSHOP
Minutes-March 30, 2022

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CALL TO ORDER - WORKSHOP:

MAYOR COURTNEY called the Workshop meeting to order at 12:00 P.M.

PLEDGE OF ALLEGIANCE:

MAYOR PRO TEM NOBLE led the pledge of allegiance.

ROLL CALL:

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

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

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

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

None

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Minutes-March 30, 2022

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RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
WORKSHOP:

1. BARSTOW PARKS MAINTENANCE
Recommended Action:

Discussion only.

CITY MANAGER WILLIE HOPKINS, JR.
- Stated that PARKS AND RECREATION SUPERINTENDENT KYLE WOOLEY would be presenting a needs assessment of parks and recreation services. - Stated that needs would be prioritized based on City Council approval.

PARKS AND RECREATION SUPERINTENDENT KYLE WOOLEY
- Presented a needs assessment of parks and recreation services. - Discussed Barstow's level of service based on Census data and demographics. - Also provided an update on the status of the condition of each of the City's parks and parks within the Barstow Heights Community Services District (BHCSD). - Provided an overview of General Fund appropriations and expenditures for parks and recreation services since Fiscal Year 2016-17 to the present.

COUNCIL MEMBER SILVA
- Asked if there was an exchange of services agreement for the parks located within the BHCSD.

PARKS AND RECREATION SUPERINTENDENT KYLE WOOLEY
- Stated that an exchange of services agreement was in place for some of the parks and the City also received property taxes for parks within BHCSD.

COUNCIL MEMBER ROSE
- Asked if renewal of the Memorandum of Understanding (MOU) with Barstow Unified School District (BUSD) would include shared costs for maintenance of Stringham Park. - Also asked what the City's liability would be without a current MOU or if the City could enter into an extended MOU.

CITY MANAGER WILLIE HOPKINS, JR.
- Stated that the agreement for Stringham Park sunsets on July 1, 2022 and discussions and negotiations would occur between the City and BUSD, which could include possible acquisition of the park by the City.

CITY ATTORNEY MATTHEW SUMMERS
- Confirmed that the City could enter into an extended MOU if more time was needed for negotiations and possible acquisition.

MAYOR PRO TEM NOBLE
- Asked how the gopher situation would be handled and would restrooms at each park be secured.

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Minutes-March 30, 2022

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Discussion ensued about the gopher situation at each park and how the issue was being addressed.

COUNCIL MEMBER DYER KRUSE
- Stated that the Council would need to prioritize the needs of each park and lighting should be a high priority.

MAYOR COURTNEY
- Stated that a proactive plan needed to be in place to address the homeless issue. - Asked what proactive measures were taken and in place to prevent algae at the Henderson Park Pool.

COUNCIL MEMBER SILVA
- Asked that the purchase of Stringham Park be pursued. - Asked if the property tax received for the BHCSD parks covered the maintenance costs or was the City subsidizing maintenance.

COUNCIL MEMBER ROSE
- Stated that the City cannot control the homeless population using City parks and would prefer they use the park restrooms compared to not using them. - Also noted that the Council should not blame staff or the prior administration for the condition of the City's parks. Stated that Council should support the City Manager and staff in addressing the current needs.
- Thanked PARKS AND RECREATION SUPERINTENDENT KYLE WOOLEY for bringing the current issues to the Council's attention.

MAYOR PRO TEM NOBLE
- Expressed support for prioritizing the needs of all of the City's parks. - Stated that it was important not to focus on the past and looked forward to the City Manager and staff getting the City's parks up to standard.

SPEAKERS
JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY.
- Stated the condition of the parks was due to the past administration reducing parks maintenance staff.

ADJOURNMENT:

By the consensus of the City Council and without objection, the workshop meeting was adjourned at 1:25 PM.

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

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Regular Meeting
04/18/22 05:00 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 4999

AGENDA ITEM
AGENDA MATTER:

MINUTES JOINT SPECIAL MEETING - APRIL 4, 2022 6:00 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
7 Packet Pg. 15

BARSTOW CITY COUNCIL /

BARSTOW FIRE PROTECTION DISTRICT

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
APRIL 4, 2022
6:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

JOINT SPECIAL MEETING
Minutes-April 4, 2022

Page 1 of 8 ends

CALL TO ORDER - CLOSED SESSION:

MAYOR PRO TEM NOBLE called the Closed Session meeting to order at 6:01 P.M.

PLEDGE OF ALLEGIANCE:

MAYOR PRO TEM NOBLE led the pledge of allegiance.

ROLL CALL:

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

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

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

NONE.

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Minutes-April 4, 2022

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MOTION TO GO INTO CLOSED SESSION:

RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Barbara Mae Rose, Council Member
AYES: Noble, Kruse, Rose, Silva
ABSENT: Courtney
CLOSED SESSION AGENDA ITEMS:

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

2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Recommended Action:
(Gov't Code Section § 54956.9(d)(4))
Number of Potential Cases: 1.

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

MAYOR PRO TEM NOBLE called the Joint Special Meeting to order at 7:02 P.M.

REPORT OF CLOSED SESSION:

CITY ATTORNEY MATTHEW SUMMERS reported the following:
- Item #1 Read a statement on behalf of the City Council regarding the hiring of the City Manager.

Stated that a quote by MAYOR COURTNEY in a newspaper article dated March 17, 2022 in the Precinct Reporter, is false and he was not one of the three votes initially in support of hiring the City Manager.
- Item #2 The City Council met in Closed Session to consider one item of initiation of litigation.

Direction was provided to counsel. No reportable action was taken.

INVOCATION:

COUNCIL MEMBER ROSE led the invocation.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER SILVA led the pledge of allegiance.

ROLL CALL:

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Minutes-April 4, 2022

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

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

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

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

RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Timothy Silva, Council Member
AYES: Noble, Kruse, Rose, Silva
ABSENT: Courtney
PRESENTATIONS:

3. PRESENTATION OF PROCLAMATION TO DONATE LIFE CALIFORNIA IN RECOGNITION

OF DMV/DONATE LIFE MONTH
Recommended Action:

Present proclamation to Donate Life California in recognition of DMV/Donate Life California Month.

The Council presented a proclamation to Donate Life California in recognition of DMV/Donate Life California Month.

RESULT: PRESENTATION ONLY

4. AFTER-EVENT REPORT AND PRESENTATION BY THE ASSOCIATION OF THE UNITED

STATES ARMY
Recommended Action:

After-event report and presentation only.

RESULT: PRESENTATION ONLY - CONTINUED Next: 4/18/2022 6:00 PM

5. MEASURE Q FUND FINANCIAL REPORT FISCAL YEAR 2021-2022 - 2ND QUARTER Recommended Action:

That the City Council receive and file the Measure Q sub-fund Financial Report for the 2nd Quarter of Fiscal Year 2021-2022 covering the period of October 1, 2021 - December 31, 2021.

INTERIM FINANCE DIRECTOR MARC PUCKETT
- Presented the Measure Q Fund Financial Report for the 2nd Quarter covering the period from October 1, 2021 - December 31, 2021.
- Stated that there were $3,114,936.12 in expenditures and $2,444,685.06 in revenues. Stated expenditures exceeded revenues by $670,251.06.

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Minutes-April 4, 2022

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

MAYOR PRO TEM NOBLE CALLED FOR A VOTE ON CONSENT CALENDAR ITEMS 6 – 12.

MINUTES ALL AGENCIES:

6. MINUTES CLOSED SESSION MEETING - MARCH 21, 2022 6:00 P.M.

Recommended Action:

Approve minutes as presented.

RESULT: APPROVED [UNANIMOUS]
AYES: Noble, Kruse, Rose, Silva
ABSENT: Courtney

7. MINUTES REGULAR MEETING - MARCH 21, 2022 7:00 P.M.

Recommended Action:

Approve minutes as presented.

RESULT: APPROVED [UNANIMOUS]
AYES: Noble, Kruse, Rose, Silva
ABSENT: Courtney
ACCOUNTS PAYABLE ALL AGENCIES:

8. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:

Approve and ratify expenses, as audited, for check #86949-87252 totaling $1,199,038.37 and wires #792-796 totaling $170,189.20, per the Agency breakdown below:

City: $1,143,944.15
Fire: $225,283.42
Successor Agency: $0.00
Grand Total: $1,369,227.57

LEONARD WILLIAMS,
- Asked for clarification check #'s 86952 payable to Barstow Humane Society, #86973 payable to Robbie Brand, and #87021 payable to Southwest Gas for a mental health building.

COUNCIL MEMBER ROSE
- Requested clarification on check #86973.

INTERIM FINANCE DIRECTOR MARC PUCKETT
- Stated that check #86973 was for extensive repairs to a police vehicle.

COUNCIL MEMBER DYER KRUSE
- Confirmed that check #86973 was not issued to Planning Commissioner Rodney Brand.

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RESULT: APPROVED [UNANIMOUS]
AYES: Noble, Kruse, Rose, Silva
ABSENT: Courtney
CITY COUNCIL:

9. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF BARSTOW

REQUIRING E-FILING OF STATEMENT OF ECONOMIC INTERESTS AND CAMPAIGN

FINANCE FORMS
Recommended Action:

Adopt Ordinance 988-2022 adding Chapter 2.56 to the City of Barstow Municipal Code to mandate electronic and paperless filing of Fair Political Practices Commission campaign disclosure statements and statements of economic interest (Form 700). The adoption of the proposed ordinance is exempt from review under the California Environmental Quality Act, per CEQA Guidelines Sections 15305 and 15378.

RESULT: APPROVED [UNANIMOUS]
AYES: Noble, Kruse, Rose, Silva
ABSENT: Courtney

10. COMMUNITY PROMOTIONAL FUND APPLICATION FROM HIGH DESERT JUNIOR

SHOOTERS
Recommended Action:

Approve Community Promotional Fund donation in the amount of $2,100 for waiver of fees for the use of the Cora Harper Center.

RESULT: APPROVED [UNANIMOUS]
AYES: Noble, Kruse, Rose, Silva
ABSENT: Courtney

11. APPROVAL AMENDMENT NO. 4 TO AGREEMENT NO. 15-1001119 FOR N. FIRST AVENUE

OVERHEAD BRIDGE OVER BNSF RAILROAD TRACKS
Recommended Action:

Staff recommends that the City Council take the following actions:

1. Approve Project Funding Agreement 15-100119, Amendment 4 for the North First Avenue Overhead Bridge over BNSF Railroad with the City and SBCTA.

2. Approve funding amounts per Attachment B.

RESULT: APPROVED [UNANIMOUS]
AYES: Noble, Kruse, Rose, Silva
ABSENT: Courtney

12. AMENDMENT 1 TO AGREEMENT NO. 19-100226 FOR NORTH FIRST AVENUE OVERHEAD

BRIDGE OVER BNSF RAILROAD TRACKS
Recommended Action:

Staff recommend that the City Council take the following actions:

1. Approve Amendment 1 to Agreement 19-1002226 between the City and SBCTA.

2. Approve funding adjustments per Attachment A.

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RESULT: APPROVED [UNANIMOUS]
AYES: Noble, Kruse, Rose, Silva
ABSENT: Courtney
DISCUSSION / ACTION ON DEFERRED ITEMS:

None
PUBLIC HEARINGS:

None
GENERAL, NON-AGENDA PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL

JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Thanked resident Craig Harris for advocating for park improvements. - Discussed recent accomplishments of Barstow Youth Football.

ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed concerns with the development incentive for the Marriott project, four-way stops throughout the City and the Barstow Police Department.

EUGENE BUTTICCI, EXECUTIVE DIRECTOR, BARSTOW AREA CHAMBER OF COMMERCE - Provided an update on April events including the career advisory event, EXP Career Fair, Easter Bunny Hop, Farmer's Market, Stewart's Tax Service Ribbon Cutting, Job Fair, Earth Day event, and Berkshire-Hathaway Home Services Ribbon Cutting.
- Asked the Council to consider an exception to a proposed illuminated image of Colonel Sanders at the new KFC that was denied by the Planning Commission.

IRA GWIN, BARSTOW, CALIFORNIA
- Asked the Council why they supported the Rental Inspection Ordinance. - Requested that the Council work with the community on an ordinance that would work for all stakeholders.

ROLAND ULLOA, DOS COSTAS COMMUNICATIONS
- Invited the community to attend the New Mexico Chili Cook-Off and Belen Festival on April 8, 2022 at Foglesong Park.

PERRY PACK, BARSTOW, CALIFORNIA
- Discussed concerns with the hit and run involving MAYOR COURTNEY along with his mileage reimbursement.
- Also stated that there needed to be due diligence with Parks and Recreation and Fire Department operations.

VIRGINIA BROWN AND YVONNE MALDONADO, BARSTOW, CALIFORNIA - Stated that the proponents to recall MAYOR COURTNEY are not soliciting donations or accepting online signatures.

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JIM BROWN, BARSTOW, CALIFORNIA
- Expressed opposition for transitioning to five voting districts.

BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:

COUNCIL MEMBER SILVA
- Provided an update on the March 28, 2022 Mojave Desert Air Quality Management District meeting. - Discussed the March 29, 2022 Rules and Policies meeting and stated the Rental Inspection Ordinance would likely be applicable to rentals of more than three units. - Addressed Mr. Brown's concerns regarding five voting districts and stated that the duties of an elected Mayor was to run the meetings and represent the City at meetings and events. - Also addressed concerns with MAYOR COURTNEY misinforming City staff and stating that COUNCIL MEMBERS SILVA and ROSE requested a six-month evaluation of CITY MANAGER WILLIE HOPKINS, JR. in order to terminate his contract. - COUNCIL MEMBER SILVA motioned, COUNCIL MEMBER DYER KRUSE seconded to censure MAYOR COURTNEY and limit his communication with City employees to only the City Manager due to the recent divisive statements.

COUNCIL MEMBER DYER KRUSE
- Stated she attended the Caleb's Super Hero Run and would be attending the upcoming dedication of the Bob Hope Center at Fort Irwin.
- Encouraged all to attend the upcoming Earth Day event.

COUNCIL MEMBER ROSE
- Stated the next Homeward Bound meeting was April 13, 2022. - Discussed the March 23, 2022 Rules and Policies Town Hall and stated the Council was receptive to working with concerned residents and property owners. - Provided an update on the March 29, 2022 Rules and Policies meeting and the March 30, 2022 parks needs assessment workshop.

MAYOR PRO TEM NOBLE
- Discussed upcoming community events he would be attending including the volunteer recognition, Bob Hope Center dedication and Farmer's Market.
- Asked if the Farmer's Market would be relocating to the downtown area. - Provided an update on the March 21, 2022 Victor Valley Transit Authority meeting. - Thanked City staff for all of their hard work.

STAFF REPORTS:

None.

POLICE CHIEF COMMENTS:

POLICE CHIEF ALBERT RAMIREZ, JR.
- On behalf of CITY MANAGER WILLIE HOPKINS, JR. stated that staff was continuing to address the issue with the parks.
- Thanked everyone who attended the recent BBQ and noted the Police Department would be present at the Chili Cook-Off.
- Discussed upcoming Baker to Vegas Run and Public Safety Fair on May 7, 2022.

FIRE CHIEF COMMENTS:

ACTING FIRE CHIEF NICK DINAPOLI
- Thanked the community for their support and invited all to attend the Public Safety Fair on May 7, 2022.

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CITY MANAGER / DISTRICT MANAGER COMMENTS:

None.

BUSINESS / ACTION ITEMS:

ADJOURNMENT:

By the consensus of the City Council and without objection, the joint special meeting was adjourned at 8:15 P.M.

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Regular Meeting
04/18/22 05:00 PM
Code Compliance
Mary Willbond
Resolution
Doc ID: 4993

COUNCIL RESOLUTION
AGENDA MATTER:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW DECLARING ITS INTENTION

TO SET THE TIME, DATE AND PLACE FOR A PROTEST HEARING FOR PROPERTY ABATEMENT COSTS AND PENALTIES FOR MAY 16, 2022 AT 7:00 PM
EXECUTIVE SUMMARY:

Set time, date and place for a protest hearing for Property Abatement Fines and Penalties for Monday, May 16, 2022 at 7:00 PM.

DISCUSSION:

Pursuant to Barstow Municipal Code Section 6.30.130, staff is requesting the Council set a time, date and place for hearing any objections or protests on a Property Abatement account. The required notices are being sent to the delinquent property owner.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA

DECLARING ITS INTENTION TO SET THE TIME, DATE AND PLACE FOR A

PROTEST HEARING FOR DELINQUENT PROPERTY ABATEMENT COSTS AND PENALTIES FOR MAY 16, 2022.

WHEREAS, the City of Barstow may pursue any and all legal and equitable remedies for the collection of fines, including interest and penalties;
WHEREAS, the city shall notify each responsible person of the time, date and location that the City Council will consider any cost report imposing a lien or special assessment on property;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW HEREBY FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

That a protest hearing be set for May 16, 2022 at 7:00 p.m. in the Council Chambers to consider the lien list and any objections of any responsible person and may modify the cost report if it determines that the public interest requires it to do so.

PASSED, APPROVED AND ADOPTED this 18th day OF April 2022. _______________________________
Paul Anthony Courtney, Dr.B.A., Mayor
ATTEST:
_______________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow do hereby certify that the foregoing Resolution No. ____-2022 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 18th day of April 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Andrea Flores, City Clerk

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Regular Meeting
04/18/22 05:00 PM
Police
Andy Espinoza Jr.

Resolution
Doc ID: 4997

AGENDA ITEM
AGENDA MATTER:

RESOLUTION AUTHORIZING THE STREET CLOSURE FOR THE PUBLIC SAFETY FAIR ON MAY 7, 2022
EXECUTIVE SUMMARY:

City Council to adopt Resolution No. ____ - 2022, approving the Request for Street Closure and Statement of Findings for the Barstow Police Department Public Safety Fair on May 7, 2022.

DISCUSSION:

Public Safety Fair event organizers are requesting street closures on East Mountain View Street from the west side of the driveway of 300 East Mountain View Street to the east side of the driveway of 220 East Mountain View Street, and on Belinda Street from Mountain View Street to the North entrance of the rear parking lot of the Barstow Police Department on May 7, 2022, from 8:00 a.m. to 4:00 p.m.

The organizers are requesting traffic control devices for the following intersections:
 300 East Mountain View Street, west of the California Highway Patrol driveway   East Mountain View Street, east of the City of Barstow driveway  Belinda Street, north of the rear parking lot of the Barstow Police Department The costs associated with this event have been estimated at approximately $450.00.

FISCAL IMPACT:

Funds are available within the approved Public Safety operating budget.

RECOMMENDED ACTION:

Adopt Resolution No. ____ -2022, approving the Street Closure and Statement of Findings for the Barstow Police Department Public Safety Fair on May 7, 2022, and to waive the reading. 9 Packet Pg. 26
RESOLUTION NO. ____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA,

TEMPORARILY CLOSING CERTAIN STREETS WITHIN THE CITY OF BARSTOW IN ACCORDANCE WITH SECTION 21101(e) OF THE CALIFORNIA VEHICLE CODE FOR

THE PUBLIC SAFETY DAY EVENT
WHEREAS, Section 21101(e) of the California Vehicle Code (CVC) authorizes the City Council to adopt regulations temporarily closing a portion of any street for the celebration, parades, local special events, and other purposes, when in the opinion of the local authority having jurisdiction, such closure is necessary for the safety and protection of persons who are to use that portion of street during the temporary closure, and
WHEREAS, The City Council of the City of Barstow does hereby find that the temporary closure of certain streets within the City of Barstow for the proposed Public Safety Fair is in the interest of the community.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY RESOLVE AS FOLLOWS:

1. The City Council of the City of Barstow hereby authorizes the closure of the following streets within the City of Barstow on Saturday, May 7, 2022, commencing at 0800 hours and ending at 1600 hours.
 300 East Mountain View Street, west of the California Highway Patrol driveway
 220 East Mountain View Street, east of the City of Barstow driveway  Belinda Street, north of the rear parking lot of the Barstow Police Department

2. The City Council does hereby condition such closure upon placement of adequate barricades as approved by the City Manager at those locations designated by the Chief of Police of the City of Barstow or a designated representative thereof.

3. The City Council does hereby condition such closure upon the establishment of adequate detours by the Chief of Police to facilitate travel within the City.

4. The City Council does hereby authorize the Chief of Police or designated representative to reopen such streets following completion of the Public Safety Fair, but in no case later than 1630 hours.

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PASSED, APPROVED AND ADOPTED THIS 18th day of April, 2022. _______________________________
Paul Anthony Courtney, Dr.B.A., Mayor
ATTEST:
_______________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. ____-2022 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 18th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Andrea Flores, City Clerk

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STATEMENT OF FINDINGS
RE: PROPOSED STREET CLOSURE

PUBLIC SAFETY DAY EVENT
The City Council of the City of Barstow, having considered all evidence, testimony and related information presented in public at the regularly scheduled meeting of April 18, 2022, does hereby find as follows:

1. That the Public Safety Fair appeals to a broad segment of residents of the City of Barstow and does not primarily appeal to the members of any limited interest group.

2. That the Public Safety Fair does not discriminate against any person or group because of race, creed, color, sex, age or national origin.

3. That the Public Safety Fair is not primarily of a religious or sectarian nature.

4. That participants in the Public Safety Fair represent a cross-section of the general population of the City of Barstow and of the greater Barstow area.

5. That no monies accruing to the Barstow Police Department as a result of the Public Safety Fair will be used to defray general expenses of the Barstow Police Department or to compensate any employee and/or volunteer performing services on behalf of the Barstow Police Department; nor will any benefit accrue to any individual, partnership or corporation associated with the Barstow Police Department.

Dated this 18th day of April, 2022, at Barstow, San Bernardino County, California. __________________________ __________________________
Paul Anthony Courtney, Dr.B.A. Andrea Flores
Mayor City Clerk

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Regular Meeting
04/18/22 05:00 PM
Police
Andy Espinoza Jr.

Ordinance
Doc ID: 5000

AGENDA ITEM
AGENDA MATTER:

FIRST READING AND INTRODUCTION OF AN ORDINANCE OF THE CITY OF BARSTOW APPROVING THE BARSTOW POLICE DEPARTMENT’S PROPOSED “MILITARY EQUIPMENT” USE PROCEDURE 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 obtain City Council approval of a “military equipment” use procedure. By this proposed ordinance, the Barstow Police Department recommends the City Council approve the proposed “military equipment” use procedure, thereby adopting standards governing the types of non-standard equipment the Police Department may acquire and use, allowed use situations, and required training and procedural rules. “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.

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.

Barstow Police Department Proposed “Military Equipment” Use Procedure The Department’s proposed “military equipment” use procedure details the “military equipment” it possesses or may possess throughout the year, including the following:
 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.”  The purposes and authorized uses for which the Department proposes to use each type of “military equipment.”
 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.  The legal and procedural rules that govern each authorized use.  The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the Department is 10 Packet Pg. 33
Regular Meeting
04/18/22 05:00 PM
Police
Andy Espinoza Jr.

Ordinance
Doc ID: 5000

AGENDA ITEM
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.
 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.  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.

The Department posted its proposed “military equipment” use procedure on its internet website on March 17, 2022, at least 30 days before the City Council’s public hearing concerning the proposed procedure.

The proposed “military equipment” use procedure posted on the Department’s internet website can be found at <https://www.barstowca.org/departments/police/policy-manual/military-equipment-policy>.

The Barstow Police Department Recommends the City Council Introduce the Ordinance Adopting the Proposed “Military Equipment” Use Procedure
The City Council must now deliberate at a regular open meeting whether to approve the Department’s proposed “military equipment” use procedure through ordinance. The Department recommends the City Council approve the funding, acquisition for that equipment not already acquired, and use of the “military equipment” described in the Department’s proposed “military equipment” use procedure. The attached proposed ordinance contains the statutorily required findings.

If the City Council does not approve the Department’s proposed “military equipment” use procedure within 180 days of submission of the proposed “military equipment” use policy to the City, the Department must cease its use of the “military equipment” until it receives the approval of the City Council. The ordinance is also subject to annual City Council review to determine whether, based on an annual “military equipment” report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular “military equipment” where standards have not been met, or require modifications to this “military equipment” use procedure to address any non-compliance with standards.

FISCAL IMPACT:

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:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BARSTOW APPROVING THE BARSTOW POLICE DEPARTMENT’S PROPOSED
“MILITARY EQUIPMENT” USE PROCEDURE AS DEFINED UNDER
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, 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, on March 17, 2022, the Barstow Police Department made a proposed “military equipment” use policy 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, under California Government Code Section 7071(a)(2), on or before May 1, 2022, the Barstow Police Department shall commence a City Council of the City of Barstow approval process to approve the use of the “military equipment” at issue; and WHEREAS, under California Government Code Section 7071(a)(1), the required City Council of the City of Barstow approval process is by an ordinance adopting the proposed “military equipment” use policy, to be introduced and adopted at the regular meetings of the City Council of the City of Barstow held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5) held on April 18, 2022 and May 2, 2022, and;
WHEREAS, If the City Council of the City of Barstow does not approve the continuing use of the “military equipment”—including by adoption of the Barstow Police Department’s proposed “military equipment” use policy—within one hundred and eighty (180) days of submission of the proposed “military equipment” use policy to the City Council of the City of Barstow, the Barstow Police Department shall cease its use of the “military equipment” until it receives the approval of the City Council of the City of Barstow.

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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES ORDAIN AS FOLLOWS:

SECTION 1. FINDINGS.

The City Council of the City of Barstow finds and determines as follows:

A. The above recitals are true and correct.

B. The use of the “military equipment” governed by the procedure is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

C. The proposed “military equipment” use procedure safeguards the public’s welfare, safety, civil rights, and civil liberties by including standards governing specialized training needed for officers to use the equipment and appropriate uses and limits on uses of the equipment.

D. For all equipment proposed for purchase, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

E. All prior “military equipment” use, before the effective date of this ordinance, complied with the “military equipment” use policies and procedures in effect at the time.

SECTION 2. APPROVAL OF THE BARSTOW POLICE DEPARTMENT’S
PROPOSED “MILITARY EQUIPMENT” USE PROCEDURE
The Barstow Police Department’s proposed “military equipment” use procedure—attached as Exhibit A and incorporated by reference—is approved.

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278049.2
SECTION 3. CEQA- EXEMPTION: This proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.).

The ordinance is not a project under CEQA Guidelines Section 15378(b)(2, 5) because it involves administrative activities that will not result in direct or indirect physical changes in the environment.

SECTION 4. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council of the City of Barstow hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

SECTION 5. EFFECTIVE DATE. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

PASSED, APPROVED and ADOPTED this 2nd day of May, 2022. __________________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
______________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk for the City of Barstow, California, and ex-officio Clerk of the City Council, do hereby certify under penalty of perjury that the foregoing is a true and correct copy of Ordinance No. ____-2022, which was introduced at a regular meeting of the City Council of the City of Barstow held on the 18th day of April, 2022 and adopted at the regular meeting of the City Council of the City of Barstow on the 2nd day of May, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________________
Andrea Flores, City Clerk

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278049.2

EXHIBIT A
Barstow Police Department Proposed
“Military Equipment” Use Procedure

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277365.4
Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
Per Government Code § 7070, et seq.

I. PURPOSE AND SCOPE
The purpose of this procedure is to provide guidelines for the approval, acquisition, and reporting requirements of “military equipment,” as codified under California Assembly Bill 481 (AB-481) and codified in California Government Code §§ 7070 – 7075.

II. BACKGROUND
On September 30, 2021, the Governor of the State of California approved 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 Department is required to seek City Council approval of this “military equipment” use procedure by ordinance at a regular open meeting prior to taking certain actions relating to the funding, acquisition, or use of “military equipment,” as defined. The legislation allows the City Council to approve the funding, acquisition, or use of “military equipment” within its jurisdiction only if it determines that the “military equipment” meets specified standards. The ordinance is subject to annual City Council review to determine whether, based on an annual “military equipment” report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular “military equipment” where standards have not been met, or require modifications to this “military equipment” use procedure to address any non-compliance with standards.

Finally, the legislation requires publication of this “military equipment” use procedure and the annual “military equipment” report on the Department’s website. The “military equipment” use procedure must be posted on the website at least 30 days prior to the Council meeting.

III. DEFINITIONS
Definitions related to this policy shall be as stated below (Government Code § 7070):
“Governing body” means the Barstow City Council and Mayor. “Military equipment” means the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles.

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277365.4
• Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police or heavy duty versions of standard consumer vehicles are specifically excluded from this definition.
• 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. However, unarmored all-terrain vehicles and motorized dirt bikes are specifically excluded from this definition. • 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.

However, items designed to remove a lock, and handheld, one-person rams are specifically excluded from this definition.
• 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 of less than .50 caliber.
• Any firearm or firearm accessory that is designed to launch explosive projectiles.
• “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued hand-held pepper spray. • TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• The following projectile launch platforms and their associated munitions:
• 40mm projectile launchers,
• “Bean bag,”
• Rubber bullet, and
• Specialty impact munition (SIM) weapons.
• Any other equipment as specifically determined by the City Council or a state agency in writing to require additional oversight.
• “Military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. “Military equipment use policy” refers to this Department Procedure and means a publicly released, written document governing the use of “military equipment” by the Department that addresses, at a minimum, all of the following:

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• 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.”
• The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of “military equipment.” • 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.
• The legal and procedural rules that govern each authorized use. • 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. • 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.
• 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 law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

IV. POLICY
It is the policy of the Barstow Police Department that members of this department comply with the provisions of Government Code § 7071 and other applicable law with respect to “military equipment.”
V. “MILITARY EQUIPMENT” TYPES AND USAGE GUIDELINES
The Barstow Police Department acquires and utilizes a wide variety of “military equipment,” as defined, in order to best enhance the quality of life in, and safeguard, the community. While the inventory of “military equipment” is varied, the mere possession of the equipment does not warrant its use for every incident.

The Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of “military equipment” options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of “military equipment” is restricted for use only in certain instances and in some cases only by certain units. While this procedure is wide-ranging, it is not all inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize “military equipment” to be used in a manner not outlined within this procedure. In scrutinizing those particular instances,

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the judgment of the incident commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used.

It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein “military equipment” should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution.

The following are the various types, descriptions, and guidelines for usage of “military equipment” currently employed by the Department. Because the acquisition of “military equipment” may not be consistent throughout the year, in describing quantities of “military equipment,” this Procedure has included the quantity of “military equipment” currently in the Department’s possession, and, in brackets, the quantity that the City Council has authorized to be acquired throughout the year. (*NOTE: The manufacturer descriptions contained within are referenced via publicly accessible website source citations. The website source citations utilized in this procedure are for “military equipment” descriptive purposes only and are not an endorsement by the City of Barstow or the Barstow Police Department of a particular product or vendor.)
The following constitutes a list of qualifying “military equipment” for the Barstow Police Department:

1.Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
(a) Description, purchase costs, quantity, capabilities:
i. Description: DJI INSPIRE 1
ii. Cost: $5,000
iii. Quantity: 1 [X]
iv. 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. v. Manufacturer: DJI
vi. Manufacturer Description: ” “The Inspire 1 is [a] brand new quadcopter capable of capturing 4K video and transmitting an HD video signal (up to 2km) to multiple devices.” Source: https://www.dji.com/inspire-1 (b) 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:
i. major traffic collision investigations;

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ii. searches for missing persons;
iii. searches for suspects;
iv. natural disaster management;
v. crime scenes;
vi. Special Response Team (SRT) tactical operations or other critical incident public safety or life preservation missions; and/or
vii. in response to specific requests from Barstow Fire Protection District, state, or federal fire authorities for fire response and/or prevention. (c) Authorized Use - Only assigned UAS operators who have completed the required training shall be permitted to operate any UAS during approved missions.
(d) Expected Life Span - UAS and associated equipment, 3-5 years. (e) Fiscal Impact - Annual maintenance and battery replacement cost is approximately
$1,000.
(f) 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.
(g) Legal and Procedural Rules - Use is established under Barstow Police Department Policy 609 - Unmanned Aerial Systems (UAS) Operations, which is posted on the Department 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.

2. Robots: A remote-controlled unmanned machine that operates on the ground and is utilized by officers to enhance the safety of the community and officers. (a) Description, purchase costs, quantity, capabilities:
i. Description: RECON ROBOTICS RECON SCOUT MICRO-ROBOT
ii. Costs: $7,000
iii. Quantity: 1 [X]
iv. Capabilities: The Recon Scout is a throwable 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.
v. Manufacturer: Recon Robotics
(b) Manufacturer Description: No manufacturer description.Purpose - The robot is used to remotely gain real time visual data of an incident location, search for

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armed or injured subjects, and clear buildings.
(c) Authorized Use - Only assigned SRT operators who have completed the required training shall be permitted to utilize the Recon Scout Robot. Use is established by the SRT Commander or SRT team Leader.
(d) Expected Life Span - The Recon Scout, 8-10 years.
(e) Fiscal Impact - There is no annual maintenance.
(f) Training - All Robot operators must complete in-house training on the use of the Robot when assigned to the Special Response Team.
(g) Legal and Procedural Rules - Use is established under Barstow Police Department Policy 459 - Special Response Team (SRT), which is posted on the Department 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.

3. Armored Vehicle: Military produced wheeled armored personnel vehicle utilized during law enforcement operations for armor protection and officer or citizen rescues. (a) Description, purchase costs, quantity, capabilities:
i. Description: CAIMAN 6X6 MINE RESISTANT AMBUSH PROTECTED (MRAP) VEHICLE
ii. Costs: Donated through Federal 1033 Program
iii. Quantity: 1 [X]
iv. 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 vehicle’s 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.
v. Manufacturer: BAE Systems
vi. Manufacturer Description: The Caiman 6x6 is a wheeled mine resistant, ambush protected tactical vehicle developed by Stewart & Stevenson Tactical Vehicle Systems, an Armor Holdings division, for the United States military. Armor Holdings was acquired by BAE Systems in July 2007. As of December 2007, the US Navy had ordered over 684 such vehicles for the United States Marine Corps (USMC). Based on the ultrareliable Family of Medium Tactical Vehicles (FMTV M1084) platform and the combat-proven Low Signature Armored Cab (LSAC), the Caiman incorporates the demonstrated performance of these components into a survivable protected vehicle designed to defeat current and emerging threats on today’s battlefield. The high level of parts commonality with the

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FMTV ensures that the Caiman will maintain the same levels of readiness, mobility, serviceability, and worldwide support as the 40,000 plus FMTVs already fielded. This commonality means soldiers are already trained to support the FMTV and are familiar with its maintenance procedures, which are supported by a full supply chain. (b) Purpose - The MRAP is to be used in response to critical incidents such as, but not limited to:
i. active shooter incidents:
ii. armed barricaded subjects in a structure or vehicle:
iii. armed suspect in an open area (large field, parking lot):
iv. SRT call-outs:
v. officer down rescue:
vi. citizen rescue:
vii. officer or citizen evacuations from an active area where a threat of gunfire still exists:
viii. terrorist incidents:
ix. SRT and Mobile Field Force training:and/or
x. 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. (c) Authorized Use - 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.
(d) Expected Life Span - Caiman 6x6 MRAP; 25 years.
(e) Fiscal Impact - Annual maintenance costs of approximately $2,500. (f) Training - All driver/operators shall attend formalized instruction and be trained in driving and vehicle operations.
(g) Legal and Procedural Rules - Use of the MRAP is established under Barstow Police Department Policy 701 - Federally Controlled Equipment, which is posted on the Department website.

4. 37 MM Launcher: 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.

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(a) Description, purchase costs, quantity, and capabilities:
i. Description: DEFENSE TECHNOLOGY 37mm TACTICAL 6-SHOT

LAUNCHER,
• Costs: $2,200
• Quantity: 1 [X]
• 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.
• Manufacturer: Defense Technology
• Manufacturer Description: No manufacturer description. ii. Description: DEFENSE TECHNOLOGY 37mm SINGLE SHOT

LAUNCHER
• Costs: $1,200
• Quantity: 2 [X]
• 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.
• Manufacturer: Defense Technology
• Manufacturer Description: Manufactured exclusively for Defense Technology®, the 37LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting
systems allow both a single- and two-point sling attachment.

The 37LMTS will fire standard 37/38mm less lethal ammunition, up to 8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.
(b) Purpose - To deploy less than lethal capabilities to reduce the escalation of conflict where deployment of lethal force is prohibited or undesirable. (c) Authorized Use - Situations for the use of less lethal weapon systems may include, but are not limited to:
i. self-destructive, dangerous and/or combative individuals; ii. riot/crowd control and civil unrest incidents;
iii. circumstances where a tactical advantage can be obtained;

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iv. potentially dangerous or vicious animals; and/or
v. training exercises or approved demonstrations.
(d) Expected Life Span - Defense Technology 37mm single shot and tactical 6- shot launcher; 25-years.
(e) Fiscal Impact - Annual maintenance for the launcher is approximately $50. (f) Training - All personnel utilizing the 37mm launcher shall be trained by a POST certified less lethal and chemical agents instructor.
(g) 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 website.

5. Less Lethal Shotgun: Less lethal shotguns are used to deploy the less lethal 12- gauge Stabilized Bean Bag round and 12-gauge Ferret Liquid CS Round. (a) Description, purchase costs, quantity, capabilities:
i. Description: REMINGTON 870 LESS LETHAL SHOTGUN
• Cost: $900 each
• Quantity: 18 [X]
• Capabilities: The less lethal 870 shotgun is used to deploy the Drag Stabilized bean bag round up to 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 key principle of de-escalation.
• Manufacturer: Remington
• Manufacturer Description: No manufacturer description. ii. Description: DEFENSE TECHNOLOGY 12-GAUGE DRAG STABILIZED

BEAN BAG ROUND
• Costs: $5.35 each
• Quantity: 194 [X]
• 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.
• Manufacturer: Defense Technology
• Manufacturer Description: The Drag Stabilized™ 12-Gauge Round is a translucent 12-Gauge shell loaded with a 40-Gram tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails

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and utilizes smokeless powder as the propellant. The 12-Gauge Drag Stabilized Round has secured its place as the Law
Enforcement Communities’ number one choice for specialty impact munitions. This round has a velocity of 270 fps with a maximum effective range of 75 feet.
iii. Description: DEFENSE TECHNOLOGY 12-GAUGE FERRET LIQUID CS ROUND
• Costs: $6.98 each
• Quantity: 124 [X]
• Capabilities: The 12-Gauge liquid ferret CS round delivers approximately 1.5 grams of active CS agent up to a distance of 100 yards.
• Manufacturer: Defense Technology
• Manufacturer Description: The Ferret® 12-Gauge Liquid CS non pyrotechnical properties also eliminate the fire hazard common with other products. The Ferret round is available with either liquid or powder carriers for the agent. These munitions are a 2.5 in. 12-Gauge round deploying .025 oz. of active agent.
(b) Purpose - To limit the escalation of conflict where lethal force is prohibited or undesirable.
(c) Authorized Use - Situations for the use of less lethal weapon systems may include, but are not limited to:
i. self-destructive, dangerous and/or combative individuals; ii. riot/crowd control and civil unrest incidents;
iii. circumstances where a tactical advantage can be obtained; iv. potentially vicious animals; and/or
v. training exercises or approved demonstrations;
(d) Expected Life Span -
i. Remington 870 less lethal shotgun - 25 years
ii. 12-Gauge Drag Stabilized Bean Bag Round - 5 years
iii. 12-Gauge Ferret Liquid CS Round - 5 years
(e) Fiscal Impact - Annual maintenance is approximately $50 per shotgun. (f) 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.

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(g) Legal and Procedural Rules - Use is established by Barstow Police Department Policy 308 - Control Devices and Techniques, which is posted on the Department website.

6. Distraction Devices: A device used to distract and disorient dangerous subjects. (a) Description, purchase costs, quantity, capabilities:
i. Description: DEFENSE TECHNOLOGY DISTRACTION DEVICE /FLASH BANG
• Costs: $60
• Quantity: 25 [X]
• Capabilities: A non-bursting, non-fragmenting, multi-bang device that produces a thunderous bang with an intense bright light. • Manufacturer: Defense Technology
• Manufacturer Description: No manufacturer description. (b) 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. (c) Authorized Use: Diversionary and distraction devices shall only be used:
i. by SRT officers who have completed a POST certified diversionary device school;
ii. during hostage and barricaded subject situations;
iii. in high-risk warrant (search/arrest) services where there may be extreme hazards to officers;
iv. during other high-risk or critical incident situations where the use would enhance officer safety; or
v. during authorized training exercises.
(d) Expected Life Span - Until used.
(e) Fiscal Impact - No annual maintenance.
(f) Training - Prior to use, officers must attend diversionary device training by POST certified instructors.
(g) Legal and Procedural Rules - Use is established by Barstow Police Department Policy 459 - Special Response Team (SRT), which is posted on the Department website.

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7. Rifles: Guns 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. (a) Description, purchase costs, quantity, capabilities:
i. Description: REMINGTON .308 CALIBER RIFLE MODEL 700
• Costs: $2,000 each
• Quantity: 5 [X]
• Capabilities: Highly accurate rifle that provides greater accuracy and stability and used by officers in an overwatch capacity to protect the community during critical and/or large events. • Manufacturer: Remington
• Manufacturer Description: No manufacturer description ii. Description: SIG SAUER 516 SWAT OPERATOR 11.5".223 CALIBER RIFLE
• Costs: $2,800 each
• Quantity: 8 [X]
• 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.
• Manufacturer: Sig Sauer
• Manufacturer Description: The SIG516 is a magazine fed, gas operated, tactical rifle, chambered in 5.56mm x 45 NATO caliber and fires from the closed bolt position. The rifle is available in select fire or semi-automatic only versions. It has four carbine variants: Personal Defense Weapon (PDW), Close Quarters Battle (CQB), Carbine, and Patrol. The operating system is a short stroke pushrod gas system with a four position (three for the PDW variant) adjustable gas valve enabling optimum
function under adverse conditions and when utilizing a
suppressor. The weapon has the same manual of arms as the M-16 family of weapons. All SIG 516 rifles feature a four position (12-3-6 & 9 O’ Clock position) Mil-Spec 1913 rail system for mounting optics and accessories. The weapon features multiple quick detach sling mounting points enabling the use of multiple sling configurations.
iii. Description: COLT AR-15 MODEL A3 .223 CALIBER PATROL RIFLES • Costs: $1,500 each

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• Quantity: 18 [X]
• 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. • Manufacturer: Colt
• Manufacturer Description: The Colt® AR-15 Tactical Carbine comes equipped with a Magpul MBUS backup sight and is used as a patrol rifle with tactical accuracy by federal, state and local agencies. The AR-15 Tactical Carbine has a 16” heavy barrel with a 1/9 twist which allows for flexibility in ammunition selection.
iv. Description: COLT AR-15 MODEL A2 .223 CALIBER RIFLES • Cost: $1,100 each
• Quantity: 4 [X],
• Capabilities: The AR-15 rifle is a precision weapon system utilized for increased accuracy and stability when addressing threats at greater distances.
• Manufacturer: Colt
• Manufacturer Description: No manufacturer description. v. Description: COLT AR-15 M16A1 5.56 CALIBER RIFLE
• Costs: Received from the military at no cost
• Quantity: 7 [X]
• Capabilities: This rifle is a precision weapon for accuracy and stability at greater distances. This weapon is currently not in use by BPD.
• Manufacturer: Colt
• Manufacturer Description: Specifications: Barrel Length: 20"; Capacity: 20+1; Caliber: 5.56; Action: Gas Operated Semi-Auto; Safety: Safety Selector
vi. Description: BUSHMASTER AR-15 .223 CALIBER RIFLE
• Costs: $1,100 each
• Quantity: 4 [X]
• Capabilities: The AR-15 rifle is a precision weapon system utilized for increased accuracy and stability when addressing threats at greater distances.
• Manufacturer: Bushmaster

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• Manufacturer Description: No manufacturer description vii. Description: WINCHESTER RANGER .223 POINTED SOFT POINT 55

GRAIN RIFLE ROUND
• Costs: $608 a case
• Quantity: 9 cases or approximately 8,500 rounds [X]
• 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.
• Manufacturer: Winchester
• Manufacturer Description: Pointed Soft Point 55 Grain Rifle round - Winchester Ranger offers a proven lineup of duty and training ammunition products; trusted reliability supporting the law enforcement community for decades.
viii. Description: WINCHESTER MATCH .308 MATCHKING HOLLOW POINT BOAT TAIL 168 GRAIN RIFLE ROUND
• Costs: $398 a case
• Quantity: 200 rounds [X]
• Capabilities: This round leaves the muzzle at 2680 feet per second. This round is ideal for target shooting applications and is used as practice ammunition in the Department .308 rifles. • Manufacturer: Winchester
• Manufacturer Description: The sleek bullet profile, large boattail and small hollow point combine to make Winchester Match one of the most sought-after rounds. The qualities ensure longrange accuracy even in challenging atmospheric conditions.

Available in most tack-driving calibers and bullet sizes, this ammunition defines accuracy.
ix. Description: HORNADY.308 TACTICAL APPLICATION POLICE 168

GRAIN A-MAX RIFLE ROUND
• Costs: $400
• Quantity: 400 rounds [X]
• 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.
• Manufacturer: Hornady

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• Manufacturer Description: No manufacturer description. x. Description: HORNADY.308 TACTICAL APPLICATION POLICE 165

GRAIN HEAVY BARRIER RIFLE ROUND
• Costs: $30 a box
• Quantity: 40 rounds [X]
• Capabilities: This round leaves the muzzle at 2611 feet per second. This bullet is designed to penetrate heavy barriers. • Manufacturer: Hornady
• Manufacturer Description: not available
(b) Purpose - To be used as a precision weapon to address a threat from a greater distance than can be addressed with a handgun.
(c) Authorized Use - Only officers who have completed POST certified training are authorized to use a rifle.
(d) Expected Life Span -
i. REMINGTON .308 MODEL 700 - 15 years.
ii. SIG SAUER 516 SWAT OPERATOR - 10 years.
iii. COLT AR-15 MODELS M16A1, A2, A3, AND BUSHMASTER.223 - 15 years.
iv. WINCHESTER .223 AND .308 RIFLE ROUNDS AND HORNADY .308 RIFLE ROUNDS - No expiration.
(e) Fiscal Impact - Annual maintenance is approximately $50 for each rifle. (f) 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 per year.
(g) Legal and Procedural Rules - Use is established by Barstow Police Department Policy 312 - Firearms, which is posted on the Department website.

8. Chemical Agents and Smoke Canisters: Canisters that contain chemical agents or smoke that are released when deployed.
(a) Description, purchase costs, quantity, capabilities:
i. Description: DEFENSE TECHNOLOGY TRIPLE-CHASER
SEPARATING CANISTER, CS #1026
• Costs: $47
• Quantity: 20 [X]
• Capabilities: The Triple-Chaser CS canister consists of three separate canisters compressed together with separating

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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. • Manufacturer: Defense Technology
• Manufacturer Description: consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time.

This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.
ii. Description: DEFENSE TECHNOLOGY FLAMELESS TRI-CHAMBER CS CANISTER #1032
• Costs: $45
• Quantity: 21 [X]
• 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 violent or dangerous subjects. This grenade provides officers with the option of delivering a pyrotechnic chemical agent device indoors—maximizing the agent’s
effectiveness while minimizing the chance of a fire to the structure.
• Manufacturer: Defense Technology
• Manufacturer Description: The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20- 25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections, but was

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designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a
pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure.
iii. Description: DEFENSE TECHNOLOGY RIOT CONTROL
CONTINUOUS DISCHARGE CS CANISTER #1082
• Cost: $30
• Quantity: 12 [X]
• 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. • Manufacturer: Defense Technology
• Manufacturer Description: designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd.

The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds
approximately 2.7 oz. of active agent.
iv. Description: DEFENSE TECHNOLOGY SPEDE-HEAT RIOT CONTROL CS GRENADE #1072
• Cost: $47
• Quantity: 8 [X]
• 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.
• Manufacturer: Defense Technology
• Manufacturer Description: a high volume, continuous burn—it

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expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is

6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent.
v. Description: DEFENSE TECHNOLOGY CS FERRET ROUNDS #1162 • Costs: $26
• Quantity: 23 [X]
• 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.
• Manufacturer: Defense Technology
• Manufacturer Description: a frangible projectile filled with chemical agent. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers the .16 oz. agent payload inside a structure. These munitions are 4.8 in. by 1.5 in. and travel at 650fps within an effective range of 50 yards. (b) 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:
i. self-destructive, dangerous and/or combative individuals; ii. armed barricaded subjects;
iii. riot/crowd control and violent civil unrest incidents; iv. circumstances where a tactical advantage can be obtained to resolve a critical incident;
v. potentially vicious animals; and/or
vi. training exercises or approved demonstrations.
(c) Authorized Users - Only officers who have received POST certified training in the use of chemical agents are authorized to use chemical agents. (d) Expected Life Span - 5 years from manufacturing date. (e) Fiscal Impact - No annual maintenance.
(f) 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.

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(g) Legal and Procedural Rules - Use is established by Barstow Police Department Policy 308 - Control Device and Techniques, which is posted on the Department website. It is the policy of the Barstow Police Department to utilize chemical agents for law enforcement purposes only and in accordance with applicable state and federal law—including those laws regarding use of force and critical incident management.

The inventory of certain items of consumable “military equipment” (i.e. ammunition, diversionary devices, chemical agents, etc.) can fluctuate throughout the year. This can be due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. While the Department strives to provide accuracy in its inventory reporting as prescribed by law, the quantities listed in this procedure reflect approximations of certain consumable items of military equipment at the time of this procedure’s publication. The City Council, by the adoption of the ordinance approving this procedure, hereby approves additional purchases of any item listed in this inventory as needed to meet the Department’s operational needs, to be reported on each year’s annual report.

VI. APPROVAL OF “MILITARY EQUIPMENT” BY GOVERNING BODY
Under Government Code Sections 7070, et seq., as adopted by AB-481, and other applicable law, all “military equipment” acquired and/or in use by the Department shall be approved by the City Council by an ordinance adopting this or a successor “military equipment” use policy (Government Code § 7071). This approval by the City Council must be granted prior to any of the following (Government Code § 7071):
“military equipment”“military equipment”“military equipment”“military equipment” (a) Requesting “military equipment” be made available pursuant to 10 USC § 2576a.
(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 City Council. (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.

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In seeking approval of the government body for any specified “military equipment,” the Department shall submit a proposed “military equipment use policy” to the City Council and make those documents available on the Department’s website at least 30 days prior to any public hearing concerning the “military equipment” at issue.

VII. ANNUAL “MILITARY EQUIPMENT” REPORT
Upon approval of a “military equipment” policy, the Department shall submit a “military equipment” report to the City Council 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 Department shall 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.

Within 30 days of submitting and publicly releasing the annual “military equipment” report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual “military equipment” report and the Department’s funding, acquisition, or use of “military equipment.”
VIII. “MILITARY EQUIPMENT” COMPLAINTS AND INQUIRIES
In some instances, the application and use of “military equipment” may cause questions and/or concerns for members of the community. It is vitally important that community members’ questions regarding the application and use of “military equipment” are addressed. The Barstow Police Department is committed to full and fair investigation of citizen complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of citizen complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department.

IX. “MILITARY EQUIPMENT” COORDINATOR: The Chief of Police will designate the Police Captain, or another appropriate officer, as the Military Equipment Coordinator. The responsibilities of the Military Equipment Coordinator include but are not limited to:
(a) Acting as liaison to the City Council 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 City Council. (c) Conducting an inventory of all “military equipment” at least annually. (d) Collaborating with any allied agency that may use “military equipment” within

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the jurisdiction of the 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 community-member to register a complaint, concern, or question about this policy, and a procedure for the Department to respond in a timely manner.

X. USAGE OF “MILITARY EQUIPMENT” WHEN COLLABORATING WITH OTHER LAW

ENFORCEMENT AGENCIES
On occasion, the Department may be required to assist or be assisted by other law enforcement agencies in a formal inter-agency collaboration or support with day-to-day operational collaboration (i.e., critical incidents, pursuits, investigative unit assistance, joint law enforcement operations, etc.). The specific guidance and requirements for interagency collaboration is governed by Barstow Police Department Policy 336 – Inter-Agency Protocol, which is posted on the Department website.

In certain mutual aid or operational collaboration circumstances, it may be necessary for sworn Department members to utilize “military equipment” in order to fulfill an assigned mission (i.e. critical incident response, civil unrest, SWAT requests, barricaded suspects in a vehicle, etc.). The City Council, as a matter of policy, approves of inter-agency collaboration between the Department and other law enforcement agencies, and of Department use of “military equipment” during these collaborations, when the following apply:
(a) Department members are required to adhere to the Department’s “military equipment” Procedure and all policies and procedures outlined within the Barstow Police Department’s Policy and Procedures Manual, regardless of operational jurisdiction.
(b) Should the Barstow Police Department request mutual aid from another law enforcement agency within the City of Barstow and “military equipment” is required during the course of the response, the following shall apply:

1. The Barstow Police Department shall remain in charge of the overall incident command.

2. The Incident Commander or designee shall brief the supervisor from the assisting agency and inform them of the mission, enforcement posture, and any pertinent information related to the incident.

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3. The assisting agency will be expected to adhere to their respective policies and procedures, particularly those governing the use of “military equipment” as be required by applicable law governing each assisting agency.

XI. TESTING AND EVALUATION OF “MILITARY EQUIPMENT” FOR POTENTIAL

FUTURE ACQUISITION
While the Department’s current inventory of “military equipment” is wide ranging and versatile, advancements in technology, tactics, and operational effectiveness may necessitate the expansion or complete replacement of certain items of “military equipment” in the current catalog, beginning with the tsting and evaluation of potential new or replacement “military equipment.”.

The following limitations shall apply should the Department receive military equipment for the Testing and Evaluation process:
(a) Only similar military equipment within the Department’s current military equipment inventory may be used for Testing and Evaluation provided authorization is received from the Police Chief. Examples include (not all inclusive):

1. AR-15 type weapons platform or similar firearms by a manufacturer other than those approved in current inventory.

2. UAS platforms featuring a different make and/or model other than those approved in current inventory.

3. Diversionary devices or chemical agents featuring a different make and/or model other than those approved in current inventory, etc.

Military equipment that is not similar to the Department’s current military equipment inventory must be approved by the City Council and Police Chief, before acquisition for the Testing and Evaluation process as set forth above. Examples include (not all inclusive):
(a) New “military equipment” technology not currently approved or currently in use by the Department.
(b) Firearms as defined under “military equipment” that operate with a different weapons platform other than what is approved in the current procedure. “Military equipment” items that have been assessed and recommended for final approval after undergoing the Testing and Evaluation process must be approved by the City Council and Police Chief before being formally acquired for Department inventory and operational use.

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Regular Meeting
04/18/22 05:00 PM
Fire Department
Nick Dinapoli
Resolution
Doc ID: 4996

COUNCIL RESOLUTION
AGENDA MATTER:

ADOPTION OF UPDATED EMERGENCY OPERATIONS PLAN
EXECUTIVE SUMMARY:

The City of Barstow’s Emergency Operations Plan (EOP) which was adopted in 2008 and updated in 2015, has been updated by staff and reviewed by the San Bernardino County Office of Emergency Services (OES) and the State of California Office of Emergency Services (OES). An adopted and updated EOP is required for the City to receive State and Federal funding after a disaster. The plan is available electronically and in the City Manager’s Office for review. Once the attached resolution and letter of promulgation is approved the document will be approved by the California OES.

DISCUSSION:

In order to adequately and efficiently respond to emergency situations such as natural and manmade disasters which can include catastrophic earthquakes, wildfires, flood, terrorist attacks and other emergency situations, an Emergency Operations Plan (EOP) is necessary to delineate just how City resources will be allocated in these situations. Additionally, an EOP spells out the various roles and duties of City personnel that are assigned to the City’s Emergency Operations Center (EOC) in the event of an emergency. In order for the City to secure reimbursement for state and federally declared emergencies, an approved and adopted plan must be on file with the County of San Bernardino Office of Emergency Services (County OES) and the State of California Office of Emergency Services (Cal OES).

The City of Barstow’s EOP has been updated by staff and reviewed by the San Bernardino County Office of Emergency Services (OES) and the State of California Office of Emergency Services (OES). The plan is available electronically and in the City Manager’s Office for review. Once the attached resolution and letter of promulgation is approved the document will be approved by the California OES.

FISCAL IMPACT:

RECOMMENDED ACTION:

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LETTER OF PROMULGATION
To All Recipients:

The City of Barstow promotes emergency preparedness as it seeks to mitigate, prepare for, respond to, and recover from potential disasters affecting the city through the City’s emergency management organization. Recognizing that the City’s emergency management organization is but the most local component of a nationwide coordination of resources, the City Council, by Resolution No. 5085-2022.
 Has established the organization,
 Has made formal recognition of the necessity of local compliance with the National Incident Management System (NIMS), and
 Regularly gives assent to the development and review of the City’s Emergency Operations Plan.

That assent to the development and review of the Emergency Operations Plan (EOP) occurs when the plan is presented to the City Council after a thorough review by the City of Barstow Emergency Planning Committee. This presentation will occur approximately every - five years, or when necessary or upon City Council’s request.

The City Manager possesses specific, policy-level responsibilities with regard to natural and manmade disasters and emergencies. Most obvious during a disaster response is, perhaps, the responsibility to make a disaster declaration when necessary. Such a declaration, made to County of San Bernardino Office of Emergency Services, informs the County government that the City of Barstow is or soon will be out of resources to continue to carry out its necessary response. Prior to an emergency, the City establishes or agrees to mutual aid agreements, continuity of operations plans, emergency measures, the EOP, and other, similar activities.

The City of Barstow EOP is designed to be NIMS compliant and to reflect the organization of the County of San Bernardino Emergency Plan and the National Response Plan. The City Council has, by resolution, agreed to the City of Barstow Emergency Planning Committee’s recommendation to approve this EOP.
________________________________ _________________
Paul Anthony Courtney, Dr.B.A., Mayor Date

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RESOLUTION NO. 5085-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA, ADOPTING THE 2022 EMERGENCY OPERATIONS PLAN UPDATE, AND AUTHORIZING FUTURE NON-SUBSTANTIVE AMENDMENTS TO THE PLAN.

WHEREAS, the City of Barstow recognizes that planning and preparing for emergencies in advance can reduce potential harm to people and property within our community from the threat of natural or human-caused events such as earthquake, fire, flood, terrorism or other hazards; and WHEREAS, the City of Barstow recognizes the importance of a unified and consistent system to prepare for, respond to and recover from disasters and emergencies; and WHEREAS, an Emergency Operations Plan provides the framework for emergency response and emergency management in the City of Barstow during disasters; and WHEREAS, the overall objective of emergency management for the City of Barstow is to ensure the effective management of response forces and resources in preparing for and responding to situations associated with natural, human-caused and national security emergencies; and WHEREAS, the City of Barstow’s emergency management program is committed to provide effective life safety measures, while reducing property loss and damage to the environment; and WHEREAS, the City of Barstow will do its best to prepare and respond to an emergency or disaster, it recognizes that the overall responsibility for emergency preparedness rests with the citizens.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF BARSTOW CITY COUNCIL AS FOLLOWS:

Section 1. The City Council approves the 2022 Emergency Operations Plan Update of the City of Barstow.

Section 2. The City Council authorizes the Emergency Services Coordinator to make necessary administrative and operational changes to the Emergency Operations Plan that is in keeping with the intent of the Plan as approved.

Section 3.The City Council authorizes the Emergency Services Coordinator, or designee, to perform all duties required to carry out the Emergency Operations Plan.

Section 4. That City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ADOPTED AND APPROVED this 18th day of April, 2022.
________________________________
Paul Anthony Courtney, Dr.B.A., Mayor
ATTEST:
________________________________
Andrea Flores, City Clerk

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SIGNED CONCURRENCE WITH THIS PLAN

The following list of signatures documents each department’s concurrence with this Emergency Operations Plan. All revisions to his Plan, will be submitted by the Emergency Services Coordinator, pre-approved by the City Manager and approved by the City Council. ____________________________________________ _______________________ Willie A. Hopkins, Jr., City Manager Date
____________________________________________ _______________________ Nick DiNapoli, Acting Fire Chief/Emergency Services Date Coordinator
____________________________________________ _______________________ Andrew Espinoza Jr., Chief of Police Date
___________________________________________ _____________________ Chris Heldreth, Building Official/Fire Marshal Date
___________________________________________ _____________________ Kody Tompkins, General Manager of Environmental Date
Services
__________________________________________ _____________________ Marc Puckett, Interim Finance Director Date
___________________________________________ _____________________ Andrea Flores, City Clerk Date

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Regular Meeting
04/18/22 05:00 PM
City Manager Department
Matthew Summers
Other
Doc ID: 5001

AGENDA ITEM
AGENDA MATTER:

REQUEST OF COUNCILMEMBER SILVA, SECONDED BY COUNCIL MEMBER DYER-KRUSE FOR

CITY COUNCIL TO CONSIDER DIRECTING MAYOR TO CEASE ALL COMMUNICATIONS WITH CITY

EMPLOYEES OTHER THAN THE CITY MANAGER
EXECUTIVE SUMMARY:

Councilmembers Silva and Dyer-Kruse have requested that the City Council consider ordering the Mayor to cease communications with all City employees other than the City Manager.

DISCUSSION:

Barstow Municipal Code section 2.08.070(15) provides, in part, that “The mayor and city council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry.” This section is intended to implement the Council/Manager form of government, which by the City Council, acting together, sets policy to then be implemented by the City Manager.

A request for the City Council to consider ordering Mayor Courtney to cease communicating with all City employees other than the City Manager was submitted orally by Councilmembers Silva and Dyer-Kruse at the April 4, 2022 Council Meeting. This public request for Council consideration of such a motion, together with this written staff report and agenda item, provide public notice of the matter, and as a result, the matter is now before the City Council.

The City Council has the power to direct that the Mayor, or any one or all of its members, shall communicate with City employees only the City Manager, to include any inquiries of administrative staff to be conveyed through the City Manager. Whether to do so is a policy decision for the City Council.

Attachments:

Exhibit A - City of Barstow Ethics Code and The City of Barstow Censure Policy and Procedures FISCAL IMPACT:

There are no fiscal impacts as a result of this item.

RECOMMENDED ACTION:

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Barstow City CouncilApril 18, 2022

Barstow City Council
April 18, 2022