Ridgecrest City Council
February 7, 2024

Agendas are available on the City Website
https://www.ridgecrest-ca.gov/council-agendas
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
AGENDA
February 7, 2024
Regular Session 6:00 p.m.

City Hall, Council Chambers
100 100 West California Avenue
Ridgecrest CA 93555
Ricca Charlon, CMC
City Clerk
[email protected]
(760) 499-5002
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in the meeting, please contact Ricca Charlon at (760) 499-5002. Requests must be made as early as possible and at least one full business day before the start of the meeting.

Watch meetings on-line:

All of our meetings are streamed live at https://ridgecrest-ca.gov/369/Watch or on YouTube at https://www.youtube.com/cityofridgecrest/live and are also available for playback after the meeting.

Call in for public comments:

To participate with verbal comments, please call (760) 499-5010. This phone line will allow only one caller at a time, so if the line is busy, please continue to dial. We will be allowing a 20-30 second delay between callers to give time for media delays and callers to dial in. If you wish to comment on multiple items you will need to call in as each item is presented.

CITY COUNCIL
Eric A. Bruen, Mayor
Solomon P. Rajaratnam, Mayor Pro-Tem
Kyle Blades, Vice Mayor
L. Scott Hayman, Council Member
John ‘Skip’ Gorman, Council Member
Ron Strand, City Manager
Keith Lemieux, City Attorney
Martin Koczanowicz, City Attorney
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RIDGECREST CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY

FINANCING AUTHORITY

HOUSING AUTHORITY

AGENDA
Wednesday, February 7, 2024 Regular Session – 6:00 p.m.

CALL TO ORDER - Roll call

APPROVAL OF AGENDA

REGULAR SESSION
• Pledge Of Allegiance
• Invocation

PRESENTATIONS

1. Grand Jury Proclamation Council

2. Safely Surrender Baby Proclamation Council
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA - Persons wishing to address the Council on matters that are within the Council’s jurisdiction and DO NOT ALREADY APPEAR ON THE AGENDA, may do so at this time.

COUNCIL ANNOUNCEMENTS/DIRECTION
CONSENT CALENDAR – All Matters Listed Under The Consent Calendar Are To Be Considered Routine And Enacted By One Motion Unless Pulled By A Council Member Or A Member Of The Public.

3. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated January 17, 2024 Charlon

4. Authorization For The City Manager, Ron Strand, To Sign The Notice Of Completion For CDBG Project 17.21.1 Leroy Jackson Fencing; For The City Clerk To File The Notice Of Completion And For City Staff To Release Retention In The Amount Of Four Thousand Seven Hundred And Ninety-Two Dollars And Fifty Cents ($4,792.50) To The Contractor, All American Fence Erectors, Within Thirty (30) Days After Recordation Of The Notice Of Completion Wegener

5. Council’s Approval Of Remote Participation By Mayor Bruen At The March 6, 2024 City Council Meeting Charlon

DISCUSSION AND ACTION ITEMS

6. Appointment Of Committee Members To Two (2) Committees – Existing Measure V And Newly Formed Measure P Charlon

7. A Resolution Of The City Council Of The City Of Ridgecrest Adopting A Position Description For Background Investigator Into The Classification Plan Chief Scott

AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – February 7, 2024

ORDINANCES

8. Second Reading and Adoption of Ordinance 24-01, An Ordinance Of The City Council Of The City Of Ridgecrest Adding Chapter 4 To The Ridgecrest Municipal Code Regarding Use Of Military Equipment Capt. Dampier

COMMITTEE REPORTS
Ridgecrest Area Convention and Visitor Bureau (RACVB)
Members: Solomon Rajaratnam and Megan McKenzie (staff)
Meeting: 4th Wednesday each month at 9:00 a.m.

Location: California Welcome Center
➢ Report from 01/24/2024
City Organization and Services Committee (‘City Org’)
Members: Mayor Eric A. Bruen and Skip Gorman
Meeting: 1st Thursday each month at 5:30 p.m.

Location: City Hall Council Chambers
➢ Report from 02/01/24
Economic Development Committee
Members: Kyle Blades and Solomon Rajaratnam
Meeting: 1st Monday of the month @ 5:15 p.m.

Location: Conference Room B – 1
st Floor City Hall
➢ Report from 02/05/24
Parks, Recreation, and Quality of Life Committee
Members: Mayor Eric A. Bruen and Skip Gorman
Meeting: 1st Tuesday each month at 5:30 p.m.

Location: City Hall Council Chambers
➢ Report from 02/06/24
Finance Committee
Members: Mayor Eric A. Bruen and Scott Hayman
Meeting: 2nd Tuesday each month at 5:30 p.m.

Location: Conference Room B – 1
st Floor City Hall
➢ Next meeting 02/13/24
Infrastructure Committee
Members: Solomon Rajaratnam and Kyle Blades
Meeting: 4th Thursday each month at 5:00 p.m.

Location: Conference Room B – 1
st Floor City Hall
➢ Next meeting 02/22/24

OTHER COMMITTEES, BOARDS, OR COMMISSIONS

CITY MANAGER REPORT

FUTURE AGENDA ITEMS

MAYOR AND COUNCIL COMMENTS

ADJOURNMENT
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A Proclamation of
The City of Ridgecrest, California

KERN COUNTY GRAND JURY

AWARENESS MONTH
WHEREAS, The Grand Jury is one of the oldest government institutions in our jurisprudence, devised to check the excesses of the English monarchy and to ensure the rights of the accused; and,
WHEREAS, The California Constitution, adopted in 1879, provided “that a grand jury shall be drawn and summoned at least once a year in each county.”; and, WHEREAS, The California Grand Jury is an arm of the Superior Court; and, WHEREAS, The Grand Jury acts as the public’s “watchdog” by investigating and reporting on affairs of local government and recommending ways local governments can be more efficient, effective, transparent, and accountable; and,
WHEREAS, The Kern County Grand Jury is a body of 19 citizens and is a diverse group of men and women with a wide range of backgrounds and interests; and, WHEREAS, The Grand Jurors make a commitment to serve a minimum of 20 hours per week for a term of 12 months; and,
WHEREAS, A new Grand Jury is impaneled in June of each year.

Now, Therefore, The Ridgecrest City Council Hereby Proclaims February 2024, to be Kern County Grand Jury Awareness Month and encourage all citizens to consider volunteering for the Kern County Grand Jury.

Proclaimed this 7
th Day of February 2024
Eric A. Bruen
Mayor

Kyle Blades
Vice Mayor
Solomon P. Rajaratnam
Mayor Pro Tem
L. Scott Hayman
Council Member
John ‘Skip’ Gorman
Council Member
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A Proclamation of
The City of Ridgecrest, California

SAFELY SURRENDERED BABY

AWARENESS MONTH
WHEREAS, the Safely Surrendered Baby Law was created in 2001 with the intent to save the lives of newborn infants at risk of abandonment by encouraging parents or persons with lawful custody to safely surrender the infant within 72 hours of birth, with no questions asked; and,
WHEREAS, since 2006 the Safely Surrendered Baby Law has saved 98 infants in Kern County and placed in them loving homes; and,
WHEREAS, In Ridgecrest and throughout Kern County, a newborn baby can be safely surrendered into the hands of any hospital emergency room or Fire Station staff; and WHEREAS, The Safely Surrendered Baby Coalition, under the coordination of the Department of Human Services, works to educate Ridgecrest Citizens and all Kern County residents about this important law. The coalition is made up of a small group of dedicated individuals representing a long list of agencies, non-profits, hospitals, and stakeholders, including First 5 Kern, Ridgecrest Regional Medical Center, Kern County Fire Department, Kern Medical, Mercy & Memorial Hospitals, & Adventist Health to name a few.

NOW, THEREFORE, BE IT PROCLAIMED by the City Council of the City of Ridgecrest does hereby proclaim the month of February as Safely Surrendered Baby Awareness Month and encourages all Ridgecrest citizens to reach out and assist the Safely Surrender Baby Coalition with their endeavors.

Proclaimed this 7
th Day of February 2024
Eric A. Bruen
Mayor

Kyle Blades
Vice Mayor
Solomon P. Rajaratnam
Mayor Pro Tem
L. Scott Hayman
Council Member
John ‘Skip’ Gorman
Council Member
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
SUBJECT: Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated January 17, 2024
PRESENTED BY: Ricca Charlon, City Clerk
SUMMARY:

Draft Minutes of the City Council / Successor Redevelopment Agency / Housing Authority / Financing Authority Regular Meeting Dated January 17, 2024 FISCAL IMPACT: None
ACTION REQUESTED: Approve minutes
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Ricca Charlon Action Date: Feb 7, 2024
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RIDGECREST CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY

FINANCING AUTHORITY

HOUSING AUTHORITY

DRAFT MINUTES
Wednesday, January 17, 2024 Closed Session – 5:30 p.m.

Regular Session – 6:00 p.m.

This meeting was recorded and will be on file in the Office of the City Clerk for a certain period of time from date of approval by the Ridgecrest City Successor Agency/Financing Authority/Housing Authority. Meetings are recorded solely for the purpose of preparation of minutes.

ROLL CALL – 5:30 p.m.

Council Present: Mayor Eric A. Bruen; Mayor Pro-Tem Solomon P. Rajaratnam; Council Member Skip Gorman; Council Member L. Scott Hayman

Absent: Vice Mayor Kyle Blades
Staff Present: City Attorney M. Koczanowicz; City Manager Strand; City Clerk Charlon; Chief Scott; Public Works Director Reed; Parks & Rec Director Wegener APPROVAL OF AGENDA - Motion To Approve Agenda – Hayman – Rajaratnam 4 Ayes; 1 Absent NOTE: The vote is displayed in bold below each item. For example, Blades-Rajaratnam denotes Council Member Blades made the motion and Council Member Rajaratnam seconded the motion.

Ayes, Noes, Absents, Abstentions follow.

PUBLIC COMMENT ON CLOSED SESSION

CLOSED SESSION - CONFERENCE WITH LEGAL COUNCIL
Conference with Legal Counsel - Anticipated Litigation (GC § 54956.9) - One case

REGULAR SESSION
ATTORNEY REPORT OUT OF CLOSED SESSION – No reportable action

PRESENTATIONS

1. Life Saving Awards – Sergeant Hallmark, Officer R. Smith, Officer C. Rinaldi Chief Scott PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA – E. Wunderlich

COUNCIL ANNOUNCEMENTS/DIRECTION

CONSENT CALENDAR

2. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated December 20, 2023 Charlon

3. Approve A Resolution Of The City Of Ridgecrest City Council Scheduling The Date Of The Annual Unmet Transit Needs Public Hearing And Authorizing The City Clerk To Advertise The Hearing Smith

4. A Resolution Setting A Public Hearing To Determine Whether The Public Necessity, Health, Safety Or Welfare Requires The Formation Of An Underground Utility District On West Las Flores Avenue, Between North Mahan Street To North Down Street And On North Downs Street, Between West Las Flores Ave To West Church Avenue Reed
Motion To Approve Consent Calendar – Rajaratnam - Hayman 4 Ayes; 1 Absent

DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – January 17, 2024

DISCUSSION AND ACTION ITEMS

5. Appointment Of Committee Members To Two (2) Committees – Existing Measure V And Newly Formed Measure P Charlon
Minute Motion To Approve H. Staab, T. St. Laurent, D. Gorman, B. Patin to Measure P and G. Badrain to Measure V – Gorman - Hayman 4 Ayes; 1 Absent

6. Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA) Hayman

7. A Resolution Of The Ridgecrest City Council Approving An Increase To Employee Cafeteria Rates Freese
Motion To Approve Item 7 – Rajaratnam - Hayman 4 Ayes; 1 Absent

ORDINANCES

8. Introduction And First Reading Of An Ordinance Of The City Council Of The City Of Ridgecrest Adding Chapter 4 To The Ridgecrest Municipal Code Regarding Use Of Military Equipment Capt. Dampier
Motion To Introduce, By Title Only, An Ordinance Of The City Council Of The City Of Ridgecrest Adding Chapter 4 To The Ridgecrest Municipal Code Regarding Use Of Military Equipment Hayman - Rajaratnam 4 Ayes; 1 Absent
Motion To Waive Reading In Full An Ordinance Of The City Council Of The City Of Ridgecrest Adding Chapter 4 To The Ridgecrest Municipal Code Regarding Use Of Military Equipment Hayman - Rajaratnam 4 Ayes; 1 Absent

COMMITTEE REPORTS
Finance Committee
Members: Mayor Eric A. Bruen and Scott Hayman
Meeting: 2nd Tuesday each month at 5:30 p.m.

Location: City Hall Council Chambers
➢ Report from 1/9/24
Ridgecrest Area Convention and Visitor Bureau (RACVB)
Members: Solomon Rajaratnam and Megan McKenzie (staff)
Meeting: 4th Wednesday each month at 9:00 a.m.

Location: California Welcome Center
➢ Next meeting 01/24/2024
Infrastructure Committee
Members: Solomon Rajaratnam and Kyle Blades
Meeting: 4th Thursday each month at 5:00 p.m.

Location: City Hall Council Chambers
➢ Next meeting 1/25/24
City Organization and Services Committee (‘City Org’)
Members: Mayor Eric A. Bruen and Skip Gorman
Meeting: 1st Thursday each month at 5:30 p.m.

Location: City Hall Council Chambers
➢ Next meeting 2/1/24

DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – January 17, 2024

Economic Development Committee
Members: Kyle Blades and Solomon Rajaratnam
Meeting: 1st Monday of the month @ 5:15 p.m.

Location: City Hall Council Chambers
➢ Next meeting 2/5/24
Parks, Recreation, and Quality of Life Committee
Members: Mayor Eric A. Bruen and Skip Gorman
Meeting: 1st Tuesday each month at 5:30 p.m.

Location: Kerr McGee Center Meeting Rooms
➢ Next meeting 2/6/24

OTHER COMMITTEES, BOARDS, OR COMMISSIONS

CITY MANAGER REPORT

FUTURE AGENDA ITEMS

MAYOR AND COUNCIL COMMENTS
ADJOURNMENT – 7:11 p.m.

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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
SUBJECT: Authorization For The City Manager, Ron Strand, To Sign The Notice Of Completion For CDBG Project 17.21.1 Leroy Jackson Fencing; For The City Clerk To File The Notice Of Completion And For City Staff To Release Retention In The Amount Of Four Thousand Seven Hundred And Ninety-Two Dollars And Fifty Cents ($4,792.50) To The Contractor, All American Fence Erectors, Within Thirty (30) Days After Recordation Of The Notice Of Completion
PRESENTED BY: Nerissa Wegener, Parks and Recreation Director SUMMARY: The Contractor, All American Fence Erectors, has finished the CDBG Project 17.21.1 project that consisted of installation of a fence that goes around the JV and Varsity softball fields located at Leroy Jackson Sports Complex on January 18, 2024.

There was one change order that consisted of adding one double drive gate for maintenance purposes and four-man gates for field security. The man gates will also allow us to lock the fields up for maintenance and security. This project did come in under budget and has a remaining balance that will roll into the next CDBG project in the amount of $7,661. The project accounting is as follows:

The original budget amount: $107,111
BID Amount: $ 94,150
Construction Contingency: $ 12,961
Change Order #1: $ 5,300
Revised total contract amount: $ 99,450
Project was delivered under budget.

With the work being completed, and with the exception of the 5% retention in the amount of $4,792.50, All American Fence Erectors will be paid in full for the work completed.

The City Staff will authorize release of retention within thirty (30) days from the filing of the Notice of Completion as long as no claims have been filed against the retained funds and the City of Ridgecrest has accepted all work.

FISCAL IMPACT: The retention amount of $4,792.50 is within the revised contract/budget amount of $107,111.00 per contract Change Orders and Bid Item adjustments, thus no additional funding is necessary.

There is a total project remainder amount of $7,661.00
ACTION REQUESTED:

1. Authorizes the City Manager to sign the Notice of Completion

2. Authorizes the City Clerk to file the Notice of Completion

3. Authorizes City Staff to release retention in the amount of, $4,792.50 to the All American Fence Erectors, within thirty (30) days after recordation of the Notice of Completion provided no claims have been filed against said retained funds.

CITY MANAGER’S RECOMMENDATION: Action as Requested
Submitted by: Nerissa Wegener, Parks and Recreation Director Action Date: February 7, 2024 This Page Intentionally Left Blank
RESOLUTION NO. 24-Xx

AUTHORIZATION FOR THE CITY MANAGER, RON STRAND, TO SIGN THE NOTICE OF COMPLETION FOR CDBG PROJECT 17.21.1 LEROY JACKSON FENCING; FOR THE CITY CLERK TO FILE THE NOTICE OF COMPLETION

AND FOR CITY STAFF TO RELEASE RETENTION IN THE AMOUNT OF FOUR

THOUSAND SEVEN HUNDRED AND NINETY-TWO DOLLARS AND FIFTY CENTS ($4,792.50) TO THE CONTRACTOR, ALL AMERICAN FENCE ERECTORS, WITHIN THIRTY (30) DAYS AFTER RECORDATION OF THE

NOTICE OF COMPLETION
WHEREAS, the Contractor, All American Fence Erectors has completed the project that consisted of: installation of fencing, removal of existing fencing, and the installation of gates as directed by city staff on January 18, 2024; and, WHEREAS, with the work completed and the exception of the retention amount of four thousand seven hundred and ninety-two dollars and fifty cents ($4,792.50) the contractor all American Fence Erectors has been paid in full; and, WHEREAS, the City Staff will authorize release of retention within thirty (30) days from the filing of the Notice of Completion so long as no claims have been filed against the retained funds and the City of Ridgecrest has accepted all work.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest hereby:

1. Authorizes the City Manager to sign the Notice of Completion.

2. Authorizes the City Clerk to file the Notice of Completion for recordation for CDBG Project 17.21.1 Leroy Jackson Fencing.

3. Authorizes City Staff to release retention in the amount of four thousand seven hundred and ninety-two dollars and fifty cents ($4,792.50) the contractor all American Fence Erectors within thirty (30) days after recordation of the Notice of Completion provided no claims have been filed against said retained funds.

APPROVED AND ADOPTED this 7th day of February 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Eric Bruen, Mayor
ATTEST:

Ricca Charlon, City Clerk
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Recording Requested By:

CITY OF RIDGECREST
When Recorded Mail to:

City of Ridgecrest
City Clerk
100 West California Avenue
Ridgecrest, CA 93555

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is OWNER or Agent of the OWNER of the interest or estate stated below in the property hereinafter described.

2. The FULL NAME of the OWNER is City of Ridgecrest

3. The FULL ADDRESS of the OWNER is 100 West California Avenue, Ridgecrest, CA 93555

4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In Fee. (if other than fee, Strike "In Fee" and insert, for example, "Purchaser under contract of purchase," or "Lessee.")

5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS IN COMMON are:

Names Addresses

6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

Names Addresses

7. A work of improvement on the property hereinafter described was COMPLETED January 17, 2024

8. The work of improvement completed is described as follows: Installation of fencing around the Leroy Jackson Softball fields.

9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: All American Fencing Erectors

10. The street address of said property is: 302 E. French Street, Ridgecrest CA

11. The property on which said work of improvement was completed is in the City of Ridgecrest County of Kern, State of California, and is described as follows:

Leroy Jackson Sports Complex

Date Ronald Strand, City Manager, City of Ridgecrest
Verification for INDIVIDUAL owner
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

Date and Place Signature of Owner named in paragraph 2
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

Date and Place Ronald Strand, City Manager, City of Ridgecrest SUBSCRIBED AND SWORN TO before me on
Ricca Charlon, City Clerk, City of Ridgecrest Revised 9/22/2003 Document Title(s):

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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
SUBJECT: Council’s Approval Of Remote Participation By Mayor Bruen At The March 6, 2024 City Council Meeting
PRESENTED BY: Ricca Charlon, City Clerk
SUMMARY: Mayor Bruen will be traveling to Washington DC to, among other things, promote the City of Ridgecrest and continue to be a voice on the City’s behalf at the federal level. The Brown Act allows for a remote participation of a member of the legislative body, subject to prior City Council approval.

APPLICABLE LAW:

California Legislature amended the Brown Act effective January 1, 2024 incorporating some of the provisions that existed during Covid-19 era. The sub-section sited below allows for a remote participation by a member of the legislative body, as long as the listed requirements are met.

California Government Code Section 54953
(f) (2) A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met:
(A) One of the following circumstances applies:
(i) The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year.
(ii) The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply:
(I) A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely.

Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
(II) The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2.
(B) The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member's relationship with any such individuals. (C) The member shall participate through both audio and visual technology.

The City does have the audio-visual capabilities for remote participation for the public as well as a member of the legislative body. If City Council votes to approve Mayor’s remote participation in the March 6, 2024 Council meeting, per subsection (ll) above, all of the other requirements will be met and the Mayor can zoom in without the necessity of posting the meeting agenda in public place at the hotel in DC and making the zoom location available to the public. The residents of Ridgecrest can participate remotely, as usual.

FISCAL IMPACT: City Council’s approval of the remote participation will result in savings in staff time and posting costs, in Ridgecrest and in Washington DC.

ACTION REQUESTED: By motion approve the Mayor’s request to participate remotely at the March 6, 2024 Council meeting.

CITY MANAGER’S RECOMMENDATION: Same as Above
Submitted by: Ricca Charlon, City Clerk Action Date: Feb. 7, 2024 6 This Page Intentionally Left Blank
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
SUBJECT: Appointment Of Committee Members To Two (2) Committees – Existing Measure V And Newly Formed Measure P
PRESENTED BY: Ricca Charlon, City Clerk
SUMMARY: The coming of a new year has brought about the need for two (2) committees to start meeting to work on their respective Annual Reporting.

Measure V -
2024 committee members:

Marshall ‘Chip’ Holloway – Mayor Bruen
Holly Staab – Kyle Blades
Gurpreet Badrain – Solomon Rajaratnam
Chris Hill – Skip Gorman
Nicole Harper – Scott Hayman
Confirmation of Chip Holloway or a replacement nominee will be needed from the Mayor.

The Measure V Committee’s first meeting is scheduled to be Monday, February 12, 2024 @ 5pm in the City Hall Conference Room B.

Measure P –
2024 committee members:

Bradley Patin - Mayor Bruen
Holly Staab – Kyle Blades
Todd St. Laurent – Solomon Rajaratnam
Denise Gorman – Skip Gorman
______________ – Scott Hayman
The formation of this new committee calls for the appointment of 5 committee members, one by each council member. Council Member Hayman will be appointing his nominee.

The Measure P Committee’s first meeting will be in March at a date/time TBD.

FISCAL IMPACT: None
ACTION REQUESTED: Nominate and approved member appointments CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Ricca Charlon Action Date: Feb. 7, 2024
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
SUBJECT: A Resolution Of The City Council Of The City Of Ridgecrest Adopting A Position Description For Background Investigator Into The Classification Plan PRESENTED BY: Michael Scott, Chief of Police
SUMMARY:

The City Council in its adoption of the Fiscal Year 2023-2024 budget, adopted a classification plan that governs approved position descriptions for the City. This plan requires that the City Council authorize the adoption of new position descriptions prior to opening the position for employment purposes. The Ridgecrest Police Department recently was using a Code Enforcement part-time position for this purpose which has been absorbed into a Code Enforcement full-time position. Background Investigations are being conducted by RPD staff including Captains, Sergeants and Detectives who are juggling their duties in order to manage their normal work duties. Based on our staffing level shortages, this ancillary task is creating a burden on their work/caseload. With three (3) employees currently in background with other agencies and with our current shortage of three (3) other budgeted Police Officers, one (1) Police Dispatcher and one (1) Animal Control Officer, these background investigations are going to increase and will continue to impact our work/caseload. It is essential that we create a part-time Background Investigator Position to fill this critical role.

Unfortunately, the trend of short staffing and personnel leaving will continue in law enforcement throughout the state/nation.

Proposed Staffing level:

Add a part-time Background Investigator Position. Staff will keep funding in line with the approved and adopted budget.

The Background Investigator will report directly to the Police Administration Captain.

It is recommended that this resolution be adopted authorizing the adoption of a part-time Background Investigator Position as described in the attached job description.

FISCAL IMPACT: No Direct Impact, as open position salary savings will cover.

ACTION REQUESTED: Adopt the resolution approving the half-time Background Investigator Position.

CITY MANAGER / EXECUTIVE DIRECTOR RECOMMENDATION: Action as requested Submitted by: Michael Scott Action Date: February 7, 2024 This Page Intentionally Left Blank
RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIDGECREST ADOPTING A POSITION DESCRIPTION FOR A

BACKGROUND INVESTIGATOR INTO THE CLASSIFICATION PLAN
WHEREAS, The City Council of the City of Ridgecrest (hereafter referred to as the “City Council”) has, by previous resolution adopted a classification plan that governs approved position descriptions, and;
WHEREAS, this plan requires that the City Council authorize the adoption of new position descriptions prior to opening the position for employment purposes, and; WHEREAS, the City Council in its adoption of the Fiscal Year 2023 - 2024 budget did not approved funding for a part-time Background Investigator position, and; WHEREAS, the Background Investigator, will not constitute the addition of personnel, other than those previously approved during the budget hearing; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest authorize the adoption of the Background Investigator position job description “Exhibit A” into the City’s current classification plan as outlined in “Exhibit B”.

APPROVED AND ADOPTED this 7th day of February 2024, by the following vote.

AYES:

NOES:

Eric Bruen, Mayor
ATTEST:

Ricca Charlon, City Clerk
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City of Ridgecrest

BACKGROUND INVESTIGATOR

BACKGROUND INVESTIGATOR

DEFINITION
Under direction of the Chief of Police, conducts background investigations of applicants to determine suitability of employment; and performs other and related work as required.

Summary of Duties: A Background Investigator conducts and compiles personal and professional background investigations for public safety candidates by interviewing employers, co-workers, neighbors, law enforcement officials, military personnel, members of the candidates’ family and personal references; prepares reports on findings; makes recommendations as to background findings; may supervise or act as a lead worker to staff involved in the above work; and performs other related duties.

Essential Functions: A Background Investigator:
➢ Reviews completed background interview forms of public safety candidates with each candidate, checking for inconsistencies, errors, omissions, falsifications and minimum requirements to ensure accuracy and completion before beginning initial candidate interview; ➢ Obtains and reviews records from Federal Bureau of Investigation, Department of Justice, and State and Municipal law enforcement records, where candidate has resided to determine if candidate was a witness, victim, suspect or perpetrator of any crime; ➢ Obtains and reviews arrest reports, witness statements, and other relevant documents to determine candidate compliance with Ridgecrest Police Department policies; ➢ Obtains and reviews reports from credit reporting agencies in order to evaluate candidate’s financial responsibility;
➢ Conducts background investigations by interviewing employers, co-workers, neighbors, law enforcement officials, military personnel, members of the candidate’s family and personal references;
➢ Makes additional inquiries to assist in determining credibility of statements; ➢ Observes each person being interviewed for the presence or absence of physical indicators of intoxication, the use of controlled substances, truthfulness, etc.; ➢ Prepares detailed and complete interview statements for each person being interviewed in order to allow a reviewer to draw reasonable and logical conclusions about the prospective candidates;
➢ Prepares final background investigation package for presentation to supervision and management by organizing all investigative material in accordance with established procedures; ➢ Meets regularly with management and/or candidate in order to keep them apprised of the status of the investigation;
➢ Prepares detailed summary of adverse information based upon objective analysis and evaluation of candidate’s background, and interviewee statements, as measured against requirement standards as set forth by the Civil Service Commission; ➢ Completes background packages for review and final recommendation; ➢ May train new investigators in the techniques and concepts of administrative background investigation;
➢ May supervise or act as a lead worker to staff involved in the above duties; City of Ridgecrest

BACKGROUND INVESTIGATOR

➢ May occasionally be assigned to other duties for training purposes or to meet technological changes or emergencies.

Qualifications: It is desirable that a Background Investigator have the following knowledges and abilities:

Knowledge of:
➢ Required Peace Officer Standards and Training (P.O.S.T.) documentation; ➢ Confidentiality laws and issues such as confidentiality of personnel records, handling requests for information on candidates from operating departments, public, or the media; ➢ Rationales for confidentiality sufficient to ensure the integrity and personal privacy of candidate background investigation file and all information contained therein; ➢ Principles and practices of confidentiality sufficient to recognize actions that may compromise the integrity of investigation or investigation file documents; ➢ Various technical specialists available to assist in an investigation and when to request such assistance;
➢ Objective symptoms of use of alcohol and commonly used controlled substances, sufficient to recognize when a person may be under the influence.

The ability to:
➢ Read, comprehend and interpret detailed, complex written material; ➢ Prepare clear, concise written reports;
➢ Analyze complex ideas or activities into smaller parts; simultaneously consider numerous facts, perceive patters and relationships, develop theories about past occurrences based on numerous small bits of information or evidence, compare and interpret information, recognize and examine discrepancies, and draw logical conclusions;
➢ Manage time sufficient to prioritize and combine investigations when practicable to ensure timely completion;
➢ Handle several cases at one time;
➢ Utilize appropriate investigative techniques for administrative investigation to frame a reflective image of the candidate’s background;
➢ Communicate and deal tactfully, persuasively, and effectively with coworkers, supervisors, management and the public;
➢ Demonstrate cultural sensitivity through tact and courtesy when dealing with individuals from various social, cultural, racial, and economical backgrounds; ➢ Work cooperatively as part of a team;
➢ Remain calm and focused when interviewing distraught, angry, or combative persons; ➢ Demonstrate effective interpersonal skills required to discuss matters which are of a sensitive and sometime inflammatory nature with candidates, supervisors and management; ➢ Listen, in person and on the telephone, as required to pay close attention to what is being said and ask follow-up questions;
➢ Develop pertinent questions for interviews, perceive when the person being interviewed has not understood, rephrase/clarify questions, follow-up on unanswered questions or conflicting statements and keep the interview focused on the material to be covered. Persons with City of Ridgecrest

BACKGROUND INVESTIGATOR

disabilities may be able to perform the essential duties of this class with reasonable accommodation.

Reasonable accommodation will be evaluated on an individual basis and depends, in part, on the specific requirements for the job, the limitations related to the disability, and the ability of the hiring department to reasonable accommodate the limitations.

Minimum Requirements: Any combination of training and/or experience which is equivalent to:
➢ High School graduation or equivalent.
➢ One year performing employment applicant investigative work in a government or contract investigative agency; or three (3) years’ experience as a full-time paid peace officer conducting investigations; or six (6) years’ experience as a reserve peace officer conducting investigations. ➢ Completion of a Peace Officers Standards and Training POST approved Background Investigator course preferred. This course must be completed within the first three months of employment.

License: Possession of a valid California driver’s license.

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TITLE GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 Recreation Leader I 1020 Hourly 15.7500 16.5375 17.3644 18.2326 19.1442 20.1014 20.6039 21.1190 Recreation Leader II 1021 Hourly 16.2750 17.0888 17.9432 18.8404 19.7824 20.7715 21.2908 21.8231 Recreation Leader III 1022 Hourly 16.8000 17.6400 18.5220 19.4481 20.4205 21.4415 21.9775 22.5269 P/T PACT Coordinator 1035 Hourly 16.1386 16.9455 17.7928 18.6824 19.6165 20.5973 21.1122 21.6400 22.1810 P/T Background Investigator 1040 Hourly 21.2684 22.3318 23.4484 24.6208 25.8518 27.1444 27.8230 28.5186 29.2316 29.9624 30.7115 Salary Schedule for Part-time
Effective on February 7, 2024
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Ridgecrest City Council
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Housing Authority

STAFF REPORT
SUBJECT: Second Reading And Adoption Of Ordinance 24-01, An Ordinance Of The City Council Of The City Of Ridgecrest Adding Chapter 4 To The Ridgecrest Municipal Code Regarding Use Of Military Equipment
PRESENTED BY: Captain Justin Dampier, Ridgecrest Police Department BACKGROUND:

On September 30, 2021, Governor Newsom signed a series of eight (8) pieces of policing reform legislation aimed at increasing transparency around policing. AB 481 was one of those pieces of legislation. AB 481 was created to address transparency issues in the funding, acquisition, and use of law enforcement equipment that lawmakers have deemed to be “military equipment.” AB 481, codified at California Government Code Section(s) 7070 through 7075, requires law enforcement agencies to “commence a governing body approval process,” for the adoption of a military equipment use policy by ordinance, in a public forum, in order to continue the use of previously acquired “military equipment.” The bill also requires such approval (of the policy by ordinance), by the governing body in a public forum, before a law enforcement agency may fund, acquire, or use new “military equipment.” Moreover, the bill requires further public review and approval actions by the governing body, annually, to continue the use of “military equipment,” and requires the City to host annual community meetings regarding the agency’s use of “military equipment” under the bill. These requirements are more specifically outlined below.

If Council does not approve the policy via the adoption of the ordinance, then the Ridgecrest Police Department must cease the use of all equipment now defined as “military equipment.” Such would be detrimental to RPD and the safety of community members and officers alike.

The term “military equipment,” as used in the legislation, does not necessarily indicate equipment used by the military. Items deemed to be “military equipment,” include, but are not limited to equipment such as unmanned vehicles, command and control vehicles, armored vehicles, pepper balls, less lethal shotguns, and long-range acoustic devices. These types of equipment, as well as others considered “military equipment” under AB 481, are commonly used and employed by law enforcement agencies across the country to enhance community and officer safety.

The Ridgecrest Police Department, the Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or designee, shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

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• Requesting military equipment made available pursuant to 10 USC § 2576a. • 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.
• Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
• Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department.
• Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
• 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.
• Acquiring military equipment through any means not provided above. • Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use.

The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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AB 481 Definition of Military Equipment
The Assembly Bill has designated the following categories of items as military equipment. The Ridgecrest Police Department has equipment that meets the criteria for 5 of the 15 categories (Equipment Categories 2, 5, 10, 12, and 14/highlighted below):
• Unmanned, remotely piloted, powered aerial or ground vehicles (Equipment Category 1) • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers (Equipment Category 2)
• High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, fiveton trucks, or wheeled vehicles that have a breaching or entry apparatus attached (Equipment Category 3)
• Tracked armored vehicles that provide ballistic protection to their occupants (Equipment Category 4
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units (Equipment Category 5) • Weaponized aircraft, vessels, or vehicles of any kind (Equipment Category 6) • Battering rams, slugs, and breaching apparatuses that are explosive in nature (Equipment Category 7)
• Firearms of .50 caliber or greater, excluding standard-issue shotguns (Equipment Category 8) • Ammunition of .50 caliber or greater, excluding standard-issue shotgun ammunition Equipment Category 9)
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, excluding standard-issue service weapons (Equipment Category 10) • Any firearm or firearm accessory that is designed to launch explosive projectiles (Equipment Category 11)
• Noise-flash diversionary devices (flashbangs), explosive breaching tools, tear gas, and pepper balls (Equipment Category 12)
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (Equipment Category 13)
• Kinetic energy weapons and munitions (Equipment Category 14) • Any other equipment as determined by a governing body or a state agency to require additional oversight (Equipment Category 15)
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Attachment “A”
Ridgecrest Police Department Policy # 707 – Military Equipment. This policy was developed by Lexipol to be in line with the requirements of AB-481.

Attachment “B”
Inventory of “Military Equipment” used and/or maintained by the Ridgecrest Police Department.

Attachment “C”
Proposed Military Equipment Use Ordinance.

Discussion
By its very nature, law enforcement is an increasingly difficult and dangerous job. History has shown that armed encounters between law enforcement officers in the United States and heavily armed, violent offenders can be traced back to the prohibition era of the 1920s. During this time, communities were impacted by offenders and organized crime groups who were often armed with automatic weapons, wearing body armor, and using military style tactics to commit offenses (e.g., bank robberies, shootings, etc.). Since that time, law enforcement officers continued encountering heavily armed individuals and groups who were willing to engage in armed confrontations. Traditional methods of law enforcement response placed officers and community members at risk, so new equipment and methods of response had to be developed.

In addition to increased contacts with heavily armed, violent offenders, high-profile international, state, and local incidents contributed to the evolution of law enforcement response and equipment.

While this is certainly not an exhaustive list, below are several incidents that led to changes in methods of response and equipment for law enforcement agencies in the United States, including RPD:
• Los Angeles, California: In the 1960s, the first Special Weapons and Tactics (SWAT) Team was formed in response to several incidents involving snipers firing upon community members and officers during rioting.
• Munich, Germany: Multiple Israeli athletes were killed during a hostage taking in the Olympic Village during the 1972 Olympic Games in Munich, Germany. During a failed rescue attempt, 9 hostages were killed as the German Police were not trained or equipped to deal with such a sophisticated threat.

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• Hayward, California: In the mid-1970s, RPD officers responded to a call for service and were fired upon by a subject armed with a high-powered rifle. A 72-hour stand-off ensued after the subject barricaded himself inside his residence and RPD officers were not trained or equipped to deal with such a sophisticated threat. Some RPD officers were sent to retrieve their personal hunting rifles as they were not able to get close enough to the residence without being fired upon. This led to the creation of the RPD’s Special Response Unit (SRU). • Los Angeles, California: In 1997, two subjects, armed with high-powered rifles and body armor, robbed a bank in the North Hollywood neighborhood of Los Angeles. LAPD officers, armed only with pistols, revolvers, and shotguns, were considerably outmatched as the subjects were armed with AK-47 and AR-15 style rifles, which can defeat body armor. In total, nearly 2,000 rounds were fired, 12 LAPD officers were shot, 8 community members were shot, and both subjects were ultimately killed after LAPD officers retrieved rifles from a nearby firearms dealer. After this incident, every law enforcement agency in the United States moved to equip officers with carbine rifles.

In addition to these historical events, recent national events have highlighted the need to continually evaluate methods of response and to maintain “military equipment” in the RPD’s inventory, including the following:
• Buffalo, New York: A subject, armed with an AR-15 style rifle and wearing body armor, entered a supermarket and began shooting people in what law enforcement officials identified as a hate crime (all of the victims were members of the Black community). A total of 10 people were killed, including a retired police officer working as a security guard.

The retired police officer exchanged gunfire with the subject and was killed after rounds from his handgun failed to penetrate the subject’s ballistic vest. • Laguna Woods, California: A subject, armed with multiple firearms, entered a place of worship and shot multiple people, killing one and critically injuring 5 others in what law enforcement officials described as a “hate incident” (all of the victims were members of the AAPI community).
• Uvalde, Texas: A subject, armed with an AR-15 style rifle, shot his grandmother, then drove to an elementary school where he shot multiple students and school staff members in one of the deadliest school shootings in United States history. In total, 19 students and 2 teachers were killed, and 17 others were critically wounded. The law enforcement response is being investigated by the Department of Justice and has sparked debate regarding methods of response and “military equipment.”
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According to ABC News, 11 mass shootings took place in the United States during the weekend of June 3 – 5, 2022, including shootings in Philadelphia, Pennsylvania (3 killed, 11 wounded), Chattanooga, Tennessee (3 killed, 11 wounded), Socorro, Texas (3 killed), and Phoenix, Arizona (1 killed, 8 wounded). According to The Gun Violence Archive, there have been 247 mass shootings, or shootings where at least 4 people were killed or wounded, in the United States as of June 6, 2022.

According to a study published by the FBI in May 2022, there were 61 active shooter events in the United States in 2021 (a 52.5% increase from 2022 and a 96.8% increase from 2017).

Now, perhaps more than ever, law enforcement officers must have access to equipment that will allow them to perform their duties safely and to address sophisticated threats like those highlighted in the examples above. Much of the equipment listed in AB 481 and included in the RPD’s inventory is to address some of the critical incidents our community members expect us to safely resolve, such as:
• High-risk offender apprehension
• Barricaded subjects
• Hostage rescue
• Dignitary protection
• Crowd control
• Active shooter response
At the same time, it is critically important that a balance is struck between providing law enforcement officers with the equipment they need and the need to ensure accountability for its use. It is incumbent upon law enforcement agencies to develop appropriate policies, procedures, and training to ensure such equipment is being used properly.

The RPD’s equipment inventory (Attachment B) is governed by policies and procedures and can only be used by RPD officers who have met all training requirements. It should be noted that much of the military equipment listed in AB 481 has never been in RPD’s inventory nor has RPD sought to acquire it. These categories include:
• Category 3 (Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached) • Category 4 (Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion) • Category 6 (Weaponized aircraft, vessels, or vehicles of any kind.) • Category 8 (Firearms of .50 caliber or greater. Standard issue shotguns excluded.) Ridgecrest City Council
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• Category 9 (Ammunition of .50 caliber or greater. Standard issue shotgun ammunition is excluded.)
• Category 11 (Any firearm or firearm accessory that is designed to launch explosive projectiles.)
• Category 13 (Taser Shockwave, microwave weapons, water cannons, and the LongRange Acoustic Device (LRAD).

Introduction and first reading took place on January 17, 2024 at a regularly scheduled City Council meeting.

FISCAL IMPACT: None. All items used, maintained, and/or requested, have previously been budgeted for.

ACTION REQUESTED: Conduct 2nd reading and adopt Ordinance CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Captain Justin Dampier Action Date: Feb 7 th, 2024
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Policy
707
Ridgecrest Police Department
Policy Manual
Copyright Lexipol, LLC 2023/11/21, All Rights Reserved.

Published with permission by Ridgecrest Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
707.1 PURPOSE AND SCOPE
The purpose of this policy is to comply with provisions Government Code § 7070; Government Code § 7071; Government Code § 7072, in obtaining the approval, acquisition, and meeting the reporting and use requirements with regard to military equipment. 707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Ridgecrest Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/11/21, All Rights Reserved.

Published with permission by Ridgecrest Police Department ***DRAFT*** Military Equipment - 2 707.2 POLICY
It is the policy of the Ridgecrest Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Ridgecrest Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here]
707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071(b)).

The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071(a)):

Ridgecrest Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/11/21, All Rights Reserved.

Published with permission by Ridgecrest Police Department ***DRAFT*** Military Equipment - 3 (a) Requesting military equipment 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 governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 707.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee 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 department inventory. 707.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment (Government Code § 7072(b)).

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Ridgecrest Police Department Military Equipment Inventory Ridgecrest Police Department
Military Equipment Inventory
Attachment B:

The following constitutes a list of qualifying specialized equipment currently available for use by the Ridgecrest Police Department, deemed to be “Military Equipment” under Section 7070 of the California Government Code:

Armored Vehicles (Govt Code 7070(c)(2)): Commercially-produced, wheeled armored personnel vehicles utilized for law enforcement purposes. • Armored Personnel Carrier: Ballistic engineered Armored Rescue Vehicle (ARV). Utilized during high-risk tactical enforcement operations, officer rescues, civilian rescues, and vehicleborne intervention. Additional deployments are used during criminal unrest and riots. Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects, to include active shooters and hostage rescue. Rescue vehicles provide numerous safety capabilities for law enforcement, victim rescues, and overall community safety. The Armored Rescue Vehicle is also four-wheel drive and may be deployed in a natural disaster for medical aid or community rescue missions. Additionally, the ARV may be deployed as displays for community outreach events.
• Authorized Use: The use of armored vehicles shall only be authorized by a watch commander or WST commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. The Ridgecrest Police Department shall only utilize this equipment for official law enforcement purposes pursuant to State and Federal Laws.

Current RPD Inventory: ** Purchased and delivery is expected in December, 2023.

One (1) Lenco “BEARCAT” armored rescue vehicle that provides its occupants with ballistic protection beyond ballistic shields or personal body armor, offering greater safety to community members and officers during high-risk incidents. The BEARCAT is a smaller armored rescue vehicle which provides greater mobility in tight city streets. The BEARCAT is capable of seating a driver and seven (7) passengers.

Cost: $337,879 Expected Lifespan: 15-20 years Annual Maintenance: $2,500 Command and Control Vehicles Built or Modified to Facilitate the Operational Control and Direction of Public Safety (Govt Code 7070 (c)(5)): Command and control vehicles are built in various platforms to include half ton pickup chassis, SUV, van, trailers, and RV style configurations. They are designed with additional communication abilities, computers, white boards, lighting, generators, and critical supplies.
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Ridgecrest Police Department Military Equipment Inventory These vehicles are built to serve as mobile command posts for coordination of police, fire, and medical response during law enforcement operations, fires, natural disasters, mutual aid incidents, community events, and other public safety incidents.

Current RPD Inventory:

One (1) 2007 “Weekend Warrior” 5th Wheel Trailer outfitted as a mobile command post.

Cost: $0 (Grant) Expected Lifespan: 3-5 more years Annual Maintenance: $ 500 One (1) 2023 Toyota “Tundra” 4WD Truck outfitted as a mobile command post and/or critical incident response vehicle. This vehicle is assigned to the Investigations Sergeant and used as a normal “Detective Vehicle” for day-to-day assignments in addition to being available as a mobile command post/critical incident response.

Cost: $80,000 Expected Lifespan: 10-15 years Annual Maintenance: $1,200 Specialized Firearms and Ammunition, including Assault Weapons Defined Under PC 30510 & PC 30515 (Govt Code 7070(c)(10)): Several weapons listed below are included on this inventory in the interest of transparency, however, may be exempt under Govt’s Code 7070 as “standard issue service weapons”:
• AR-style Rifles (Patrol Rifles): Light weight, magazine fed, gas operated semi-automatic rifle using 5.56mm/.223cal ammunition are authorized for use by trained officers. The Patrol Rifle is utilized for increased accuracy and precision shooting at longer distances. • Colt SMG and Schmiesser MP40 Submachine Guns: Magazine fed, semi, or auto fire rifle, which fires 9mm handgun ammunition. This weapon is only assigned to trained WST or Range personnel. An SMG is utilized for increased accuracy and precision shooting at longer distances. • Description and Equipment Capabilities: The Ridgecrest Police Department equips its officers with Patrol Rifles to address the risks posed to the public and department members by violent and sometimes well-armed persons. These firearms are to be used as precision weapons to address a threat with more precision and/or at greater distances than a handgun. • Authorized Use/Purpose: The carrying and use of these weapons shall only be by employees trained in their use, and in a manner consistent with Department policy and training. It is the policy of RPD to utilize firearms only for official law enforcement purposes, applicable department policies, and pursuant to state and federal laws. Applicable department policies include but are not limited to RPD 300 Use of Force and RPD 305 Firearms:
• The use of deadly force is justified only when the officer reasonably believes it is necessary in the following circumstances (Penal Code 835a):
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Ridgecrest Police Department Military Equipment Inventory ▪ An officer may use deadly force to protect him/herself or others from what he/she reasonably believes is an imminent threat of death or serious bodily injury to the officer or another person.
▪ An officer may use deadly force to apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause serious bodily injury to another person unless apprehended. • Training Requirements: Use of Patrol Rifles and other specified firearms by personnel is authorized as long as the user has completed approved training and has maintained qualification requirements:
▪ Prior to using a Patrol Rifle (AR-15 style firearm) on duty, officers must attend a POST approved rifle class.
▪ Officers equipped with Patrol Rifles must maintain their proficiency at the quarterly range qualifications.

Current RPD Inventory:
“Flashbang” Grenades and Explosive Breaching Tools (Govt Code 7070(c)(12)):
• Light Sound Diversionary Device (LSDD, “Flashbang”): Diversionary devices used to minimize risk to all parties through the temporary distraction or disorientation of armed and violent suspects who pose a significant danger to officers and the community. The effects of an LSDD reduce a suspect’s reactionary capabilities by causing momentary disorientation, which can create a tactical advantage for involved officers. LSDD’s are hand delivered, sight deployed, and generally deployed on the exterior of structures. LSDD’s can be utilized to humanely deter aggressive dogs who pose a threat to officers or to attempt to illicit a response from suspects who may have barricaded in a structure or vehicle. Other examples include waking up a sleeping suspect, or prompting a suspect to communicate with officers. • Authorized Use: The use of these devices shall only be authorized by a watch commander or WST commander, based on the specific circumstances of a given critical incident. They shall be Manufacturer Model Caliber Quantity Initial Cost Today's Cost Maintenance Lifespan Bushmaster XM15 223/5.56 33 Unknown $ 800.00 Estim $0 to $50 15-20 yrs Colt AR-15 223/5.56 2 Unknown $ 1,100.00 Estim $0 to $50 15-20 yrs Colt Sporter Match-Hbar 223/5.56 1 Seized $ 2,500.00 Estim $0 to $50 15-20 yrs DPMS Panther RFA2-AP4A 223/5.56 5 Unknown $ 800.00 Estim $0 to $50 15-20 yrs DPMS Panther A-15 Oracle RFA3-OC 223/5.56 7 475 $ 500.00 Estim $0 to $50 15-20 yrs Sig-Sauer M400 223/5.56 2 Unknown $ 850.00 Estim $0 to $50 15-20 yrs Colt SMG 9mm 3 Unknown $ 1,500.00 Estim $0 to $50 15-20 yrs S&W M&P-15 223/5.56 1 Seized $ 815.00 Estim $0 to $50 15-20 yrs Aero Precision M4E1-T 223/5.56 10 1100 $ 1,100.00 Estim $0 to $50 15-20 yrs Harrington & Richard M-14 308 1 Seized Unknown Estim $0 to $50 Unk Schmiesser MP40 9mm 1 Donated Unknown N/A Unk
4 | Page
Ridgecrest Police Department Military Equipment Inventory used only by employees trained in their use, and in a manner consistent with Department policy and training. LSDD’s may also be used in a training or demonstration environment when authorized and monitored by the WST commander.

Current RPD Inventory:
“Tear Gas” and “Pepper balls” (Govt Code 7070(c)(12)):
• Chemical Agents: Chlorobenzalmalononnitrile (CS) rapidly produces sensory irritation or disabling effects in humans, which typically disappear within a short time following termination of exposure. CS can be deployed through various means to include hand delivery and weapon launchable, such as 40mm and shotgun. Hand delivered chemical agents are typically delivered in a “burn safe” metal container to reduce fire hazard. CS is typically used during incidents where a suspect is barricaded in a structure or vehicle and is believed to be armed. CS may also be used in riot incidents to prevent violence and destruction of property. The discomfort caused by the chemical agent will typically cause the suspect to exit a structure or vehicle or dissuade a suspect from remaining in the area of the chemical agent, thus resulting in safer compliance.

Chloroacetophenone (CN) is similar to CS and is used/deployed in similar circumstances and manner as CS.
• MK-9 Oleoresin Capsicum (OC) Delivery System: The MK-9 features an easy to use trigger handle, is intended for use in crowd management and will deliver 14 short bursts of OC at an effective range of 18-20 ft. This 1.3% MC OC aerosol product utilizes a stream delivery method providing a target-specific, strong concentrated stream for greater standoff distances which allows greater officer safety in potentially violent encounters. This delivery system is Nonflammable / Electronic Discharge Weapon (EDW) safe (able to utilize Taser (EDW)). • Pepper Ball: Oleoresin Capsicum (OC) powder is incased in a plastic ball-shaped projectile which is propelled from a launcher powered by compressed air. The effects of a pepper ball are similar to the effects of pepper spray, typically characterized by temporary irritation to the eyes, nose, and throat. Discomfort may also be experienced at the point of impact. Pepper ball systems may be used in a variety of situations, including barricaded suspects, suspects exhibiting violent behavior, and instances of riotous or criminal behavior by suspects in a group. The use of pepper ball systems can be effective in stopping violent actions of a suspect on officers or members of the community.
• Authorized Use: The use of Tear Gas and PepperBall Systems shall only be authorized by the watch commander or WST commander, based on the specific circumstances of a given critical incident. They shall be used only by employees trained in their use, and in a manner consistent with Department policy and training. MK-9 deployment is authorized by any employee in a manner consistent with Department policy and training.

Manufacturer Model Quantity Cost Each Maint. Lifespan
Defense Technology Low Roll II 11-gr distraction device 5 $ 82.00 $0 5 years Defense Technology Distraction Device 12-gr reload 13 $ 43.00 $0 5 years Defense Technology Distraction Device Reloadable Body 2 $ 55.00 $0 5 years 5 | Page
Ridgecrest Police Department Military Equipment Inventory Current RPD Inventory:
40mm Projectile Launchers, “Bean Bag”,” Rubber Bullet, and Specialty Impact Munitions (Govt Code 7070(c)(14):
• Less-lethal 40mm Launcher: Munitions are configured for high and low impact. Munitions have the additional benefit as a barrier-round for breaking vehicle and residential glass so chemical agents can be deployed; these options include the Direct Impact OC and CS rounds, as well as the CS Ferret round. Wood baton rounds are typically utilized for breaking out glass. 40mm less lethal Exact Impact Sponge (Foam) rounds can be effective in disarming violent suspects, armed suspects, and subjects who are suicidal with minimal injury and risk to the person, law enforcement or the public. Less-lethal 37/38 mm launchers are also utilized in the same capacity and functions with a slightly smaller sized delivery system. • FN 303 Less-lethal Launcher: The FN 303 launcher is built from lightweight, rugged polymer and driven by a compressed CO2 air tank. This less-lethal launcher delivers increased accuracy and the fin-stabilized projectiles deliver optimum accuracy with maximum effectiveness and safety. Officers can quickly change from inert, marking, impact or irritant projectiles, with a clear view of the projectile type and remaining count in the magazine. • 12 gauge Less-lethal Shotgun: Utilized through an easily identifiable, less lethal shotgun with distinctive orange markings. The “bean bag” round is a small drag stabilized; pellet-filled munition made of high-density cloth. The “bean bag” is the predecessor to the 40mm less lethal, which has similar benefits as other less lethal platforms. • Authorized Use: The carrying and use of these weapon systems shall only be by employees trained in their use, and in a manner consistent with Department policy and training.

Current RPD Inventory:

Manufacturer Model Quantity Cost Each Maint. Lifespan
Fabrique National FN303 Pava/OC Pepper Projectiles 189 $ 7.00 $0 3 years Combined Tactical SystemsCN Smoke Canister Grenade 4 $ 26.00 $0 5 years Combined Tactical SystemsCS Smoke Canister Grenade 2 $ 26.00 $0 5 years Defense Technology CS Spocket Tactical Grenade 67 $ 32.00 $0 5 years Defense Technology 37/38mm CS Gas 2 $ 30.00 $0 5 years
Defense Technology 37/38mm CN Gas 2 $ 30.00 $0 5 years
Defense Technology MK-9 stream OC Aerosol 30 $ 80.00 $0 5 years Asset Type Manufacturer Model Qnty Initial Cost Each Replacement Maintenance Lifespan 12 Gauge Beanbag Shotgun Remington 870 2 Unknown $600 $0 to $25 15 yrs 40mm Less Lethal Launcher Defense Technology LMT 6 $1,400 $1,400 $0 to $50 15 yrs 37/38mm L/L Launcher Smith & Wesson 1 Unknown $700 $0 to $25 15 yrs FN 303 Launcher Fabrique Nationale FN3030 14 Donated $1,700 $0 to $100 Varies 6 | Page
Ridgecrest Police Department Military Equipment Inventory End of Inventory List
Manufacturer Model Quantity Cost Each Maint. Lifespan
Defense Technology 40mm Exact Impact Sponge Round 214 $ 32.00 $0 5 years Defense Technology 40mm Direct Impact OC 10 $ 35.00 $0 5 years Defense Technology 40mm Rubber Ball 10 $ 30.00 $0 5 years Combined Tactical Sys 40mm Foam Baton 100 $ 28.00 $0 5 years Combined Tactical Sys 12 Gauge Bean Bag Round 25 $ 8.00 $0 5 years Defense Technology 37/38mm Foam Baton 4 $ 27.00 $0 5 years Defense Technology 37/38mm Rubber Ball 4 $ 28.00 $0 5 years Defense Technology 37/38mm Sting Ball 4 $ 28.00 $0 5 years Fabrique National FN303 Less Lethal Impact Projectiles 69 $ 6.00 $0 3 years ORDINANCE NO. 24 - 01

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIDGECREST ADDING CHAPTER 4 TO THE RIDGECREST MUNICIPAL CODE

REGARDING USE OF MILITARY EQUIPMENT

RECITALS
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and,
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy at a regular meeting held pursuant to open meeting laws prior to taking certain actions relating to the funding, acquisition, or use of “military equipment”. The term “military equipment” is defined in California Government Code Section 7070; and, WHEREAS, AB 481 allows the City Council to approve funding, acquisition, or use of military equipment, within its jurisdiction only if it makes specified determinations, and, WHEREAS, The Ridgecrest Police Department Policy Manual, Policy 707, sets forth the military equipment use policy and meets all requirements of California Government Code Sections 7070- 7072, and,
WHEREAS, the Policy and Military Equipment List were displayed on the Ridgecrest Police Department website since November 27, 2023; and, WHEREAS, in the enactment of this ordinance, the City followed the guidelines adopted by the State of California and published in the California Code of Regulations, Title 14, Section 15000, et seq. and found this activity is not a “project” as defined by California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

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

SECTION 1. The foregoing Recitals are adopted as findings of the City Council as though set forth in fully within the body of this ordinance.

Ordinance 24-01 Page 2 of 7
SECTION 2. Chapter 4, Article I of the Ridgecrest Municipal Code, as reserved, is hereby deleted in its entirety and replaced as follows:

ARTICLE I. - Military Equipment Use Policy.

Section 4-1. - Definitions
A. "City" means any department, agency, bureau, and/or subordinate division of the City of Ridgecrest.

B. “City Council” means the governing body that is the Ridgecrest City Council.

C. "Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.

D. “Military Equipment” includes all the following:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multi-purpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored allterrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

Ordinance 24-01 Page 3 of 7

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepperballs," excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions:
40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

E. “Military Equipment Use Policy” means Section #707 of the Ridgecrest Police Department Policy Manual.

F. “Police Department” means any division, section, bureau, employee, volunteer and/or contractor of the Ridgecrest Police Department.

G. "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.

H. "Type" means each item that shares the same manufacturer model number.

Ordinance 24-01 Page 4 of 7
Section 4-2. - Military Equipment Use Policy Required Findings A. Based upon Recitals and all of the information received in consideration of the Military Equipment Use Policy the City Council determines and finds all the following:

1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed Military Equipment Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. The equipment on the Military Equipment Inventory, is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. All of the requirements of Government Code Sections 7070-7073 have been met in preparation and adoption of this Policy.

Section 4-3. - Public Participation, annual review and amendments A. To facilitate public participation, Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.

B. The City Council shall review this ordinance at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).

F. Any amendments to the Military Equipment List may be done by Resolution of the City Council, upon making all of the required findings in connection with any additional Military Equipment.

G. Any Amendments to the Military Use Policy shall be done through an Ordinance that meets all of the requirements of the Government Code Sections 7070-7073, or other applicable State Law at the time of such amendment.

Section 4-4. - Use of Military Equipment in Exigent Circumstances A. Notwithstanding the provisions of this Article, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code.

Ordinance 24-01 Page 5 of 7
B. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all the following actions:

1. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment List and, if necessary due to the nature of the Military Equipment, an Amended Military Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.

3. Include the Military Equipment in the Police Department’s next annual Military Equipment Report.

Section 4-5. - Reports on the Use of Military Equipment A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.

B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.

C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:

1. A summary of how the Military Equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the Military Equipment.

3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.

Ordinance 24-01 Page 6 of 7

4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.

5. The quantity possessed for each type of Military Equipment.

6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.

D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.

E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.

SECTION 3. The Council hereby affirms all provisions set forth of Ridgecrest Police Department Policy 707.

SECTION 4. The City Manager is directed to execute all documents and to perform all other acts necessary to implement this Ordinance.

Ordinance 24-01 Page 7 of 7
SECTION 5. If any provision, section, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.

SECTION 6. This ordinance shall become effective on the thirtieth (30th) day following its passage and adoption hereof.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF RIDGECREST this 7 th day of
February, 2024 by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:
________________________________
Eric A. Bruen, Mayor
ATTEST:
____________________________
Ricca Charlon, City Clerk