310039.v1
CITY COUNCIL RESOLUTION NO. ____ - 2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA TO RENEW ORDINANCE NO. 989-2022, APPROVING
THE CITY’S MILITARY EQUIPMENT POLICY, AS REQUIRED BY
CALIFORNIA GOVERNEMTN CODE SECTION 7070
WHEREAS, on September 30, 2021, the Governor of the State of California approved Assembly Bill 481, codified in California Government Code Sections 7070 - 7075, requiring law enforcement agencies to obtain approval of the applicable governing body by adoption of a "military equipment" use procedure, prior to acquiring or using "military equipment" as defined under California Government Code Section 7070(c); and
WHEREAS, the applicable governing body in the City of Barstow is the City Council of the City of Barstow and the applicable law enforcement agency in the City of Barstow is the Barstow Police Department; and
WHEREAS, the City Council adopted Ordinance No. 989-2022 at its May 2, 2022 City Council meeting approving the Barstow Police Department’s proposed “military equipment” use policy; and
WHEREAS, under California Government Code Section 7071 (b), the Barstow Police Department is required to make a proposed "military equipment" use policy available on its internet website at least thirty (30) days prior to any public hearing concerning the "military equipment" at issue; and
WHEREAS, on May 30, 2024, 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, Government Code Section 7071 (e)(1) requires the City to review Ordinance No. 989-2022 annually at a Brown Act meeting to determine whether each type of military equipment identified in the Police Department’s report has complied with its required standards; and
WHEREAS, the City Council has examined the Department’s Policy and annual report and finds the Department has submitted all information described in Government Code § 7070(d), enabling the Council to make the following findings:
1. Pursuant to Government Code § 7071(d), the Council finds the military equipment described in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
310039.v1
2. Pursuant to Government Code § 7071(d), the Council further finds the Policy will safeguard the public’s welfare, safety, civil rights and civil liberties; and
3. Pursuant to Government Code § 7071(d), the Council further finds that continued use of existing military equipment and purchase of military equipment described in the Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
4. Pursuant to Government Code § 7071(d), the Council further finds the Department will ensure use of existing military equipment described in the Policy will comply with the Policy in the future.
5. Pursuant to Government Code § 7071(e)(2), the Council further finds each type of military equipment identified in the annual report has complied with the standards for approval set forth in subdivision (d).
WHEREAS, after reviewing the Police Department report, the City Council desires to renew Ordinance No. 989-2022.
NOW, THERFORE, the City Council of the City of Barstow does hereby resolve as follows:
SECTION 1. Recitals. The City Council finds that all the facts, findings, and conclusions set forth above in this Resolution are true and correct.
SECTION 2. Approval of the Barstow Police Department’s Proposed “Military Equipment” Use Procedure.
The Barstow Police Department's proposed "military equipment" use procedureattached as Exhibit A and incorporated by reference is approved and the City Council renews Ordinance No. 989-2022 through July 1, 2025, authorizing the police department’s military equipment use policy and approving use, pursuit of funding for, and acquisition of military equipment as described in the policy.
SECTION 3. Severability Clause. Should any section, clause, or provision of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of the Resolution as a whole, or parts thereof, other than the part so declared to be invalid.
SECTION 4. CEQA. The City Council finds the adoption of this resolution is exempt from review under the California Environmental Quality Act because it relates to an administrative matter. (CEQA Guidelines, 14 Cal. Code of Regulations, Section 15378(b)(2,5).
310039.v1
PASSED, APPROVED AND ADOPTED this 3
rd day of June, 2024.
_______________________________
Paul Anthony Courtney, Dr.B.A., Mayor
_______________________________
Andrea Flores, City Clerk
ATTEST:
I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the City Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No. ____-2024, was adopted by said City Council at a regular meeting held on the 3rd day of June, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Andrea Flores, City Clerk