278049.2 Page 1 of 3
ORDINANCE NO. 989 - 2022
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. 278049.2 Page 2 of 3
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.
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. 989-2022, 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
278049.2
EXHIBIT A
Barstow Police Department Proposed
“Military Equipment” Use Procedure