CITY MANAGER' S REPORT ITEM 5. 1
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARINGS ( PUBLISHED NOTICES) TO
ADOPT AN URGENCY ORDINANCE AND CONSIDER A
REGULAR/ STANDARD ORDINANCE BY THE CITY
COUNCIL OF THE CITY OF LATHROP ACCEPTING
REQUIREMENTS OF THE PENAL CODE RELATING TO
THE RECRUITMENT AND TRAINING OF LAW
ENFORCEMENT OFFICERS
RECOMMENDATION: The Council to Consider the Following Items:
1. Hold a Public Hearing; and
2. Adopt Urgency Ordinance Amending Title 9
Public Peace and Welfare" of the Lathrop
Municipal Code by Adding New Chapter 9. 02
Titled Peace Officer Standards And Training" to
Accept Requirements of the Penal Code Relating
to the Recruitment and Training of Law
Enforcement Officers.
3. Hold a Public Hearing; and
4. First Reading and Introduction of an Ordinance
Amending Title 9 " Public Peace and Welfare" of
the Lathrop Municipal Code by Adding New
Chapter 9. 02 Titled Peace Officer Standards And
Training" to Accept Requirements of the Penal
Code Relating to the Recruitment and Training of
Law Enforcement Officers.
SUMMARY:
The Commission on Peace Officer Standards and Training ( POST) was established by the Legislature in 1959 to set minimum selection and training standards for California law enforcement. POST funding consists of the State General Fund and the State Penalty Fund, which received money from penalty assessments on criminal and trafFic fines. The POST Program is voluntary and incentive- based. Participating agencies agree to abide by the standards established by POST. More than 600 agencies participate in the POST Program and are eligible to receive the Commission' s services and benefits, which include:
job- related assessment tools
research improved officer selection standards
management counseling services
development of new training courses
reimbursement for training, and
quality leadership training programs
POST also awards professional certificates to recognize peace officer achievement and proficiency.
CITY MANAGER' S REPORT Page 2
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING TO CONSIDER URGENCY AND REGULAR ORDINANCE
ACCEPTING PEACE OFFICER STANDARDS AND TRAINING REQUIREMENTS The City of Lathrop Police Department will seek participation in the Commission on Peace Officer Standards and Training ( POST) Reimbursable Program for the Lathrop Peace Officers. In order to join, an Ordinance from the City of Lathrop will be required to declare the City' s intent to enter the POST Program.
Tonight, staff recommends that the City Council of the City of Lathrop hold a public hearing, and consider an Urgency Ordinance accepting the requirements of the POST Program, effective immediately through July 15, 2022. A minimum of four ( 4) affirmative votes of Council members are required to approve the proposed Urgency Ordinance.
Additionally, staff recommends that the City Council of the City of Lathrop hold a second public hearing, introduce, and conduct the first reading of an Ordinance accepting the requirements of the POST Program. Council is also asked to set the second reading and adoption of the Ordinance for the Regular Meeting of June 13, 2022. This ordinance will become effect on the 31St day after the second reading, specifically July 14, 2022. The adoption of the Urgency Ordinance would allow Officers to be enrolled into the POST Program until the regular Ordinance has taken effect.
BACKGROUND:
The City of Lathrop has contracted for police services with the San Joaquin County Sheriff' s Office ( S] CSO) since 1990. Most recently, Lathrop executed a five- year contract with the SJCSO on April 17, 2017 that expires on June 30, 2022. As part of a comprehensive and ongoing review of the delivery of services, and to remedy the systematic inability of the City to control the costs of public safety services provided through its existing contract with the SJCSO, the City began examining alternative service delivery models for police services.
At the March 22, 2021 Special City Council Meeting, Council approved Resolution 21- 4852 approving the creation of Capital Improvement Project GG 21- 11, to begin the creation of the new Lathrop Police Department, and implement the transition of law enforcement services from the San Joaquin County Sheriff to the City. The City anticipates that it will commence providing its own law enforcement services on July 1, 2022.
At the November 8, 2021 Regular City Council Meeting, Council approved Resolution 21- 4989 authorizing the establishment of the Lathrop Police Department effective anuary 1, 2022, in accordance with all requirements necessary for certification as a Member Agency with the California Commission on Peace Officer Standards and Training. Provided, however, that the San Joaquin County Sheriff's Office shall remain the provider of law enforcement services to the City of Lathrop through June 30, 2022, with the Lathrop Police Department established for purposes of set- up and preparation to begin providing law enforcement services to the City of Lathrop commencing on July 1, 2022. Furthermore, the City Council directed that all duly appointed sworn peace officers of the Lathrop Police Department be granted peace officer authority as outlined in California Penal Code Section 830. 1.
CITY MANAGER' S REPORT Page 3
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING TO CONSIDER URGENCY AND REGULAR ORDINANCE
ACCEPTING PEACE OFFICER STANDARDS AND TRAINING REQUIREMENTS In order to seek and qualify to receive aid from the State of California under the provisions of Section 13522, Chapter 1 of Title 4, Part 4 of the California Penal Code, the City Council of the City of Lathrop must adopt an Ordinance accepting the requirements of the Penal Code relating to the recruitment and training of Law Enforcement Officers.
Tonight, staff recommends that the City Council of the City of Lathrop hold a public hearing and adopt an Urgency Ordinance accepting the requirements of the POST Program, effective immediately through July 15, 2022.
Additionally, staff recommends that the City Council of the City of Lathrop hold a second public hearing, introduce, conduct the first reading of an Ordinance accepting the requirements of the POST Program, and set the second reading for the Regular Meeting of June 13, 2022. If adopted by Council at its regular meeting of ] une 13, 2022, the regular ordinance will become effect on the 31St day after the second reading, specifically July 14, 2022.
REASON FOR RECOMMENDATION:
In order to join the POST Program, a codified Ordinance from the City of Lathrop will be required to declare the City' s intent to enter the POST program and acceptance of its requirements. The adoption of the Urgency Ordinance would allow Officers to be enrolled into the POST Program until the regular Ordinance has taken effect.
FISCAL IMPACT:
None.
ATTACH M ENTS:
A. Urgency Ordinance Approving an Amendment to Title 9 " Public Peace and Welfare" of the Lathrop Municipal Code by Adding New Chapter 9. 02 Titled Peace Officer Standards And Training" to Accept Requirements of the Penal Code Relating to the Recruitment and Training of Law Enforcement Officers, effective immediately through July 15, 2022.
B. Ordinance Approving an Amendment to Title 9 " Public Peace and Welfare" of the Lathrop Municipal Code by Adding New Chapter 9. 02 Titled Peace Officer Standards And Training" to Accept Requirements of the Penal Code Relating to the Recruitment and Training of Law Enforcement Officers, efFective on the 31 day after the second reading, on July 14, 2022.
CITY MANAGER' S REPORT Page 4
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING TO CONSIDER URGENCY AND REGULAR ORDINANCE
ACCEPTING PEACE OFFICER STANDARDS AND TRAINING REQUIREMENTS APPROVALS:
er sa Vargas Da e
Government Services Director
City Clerk
3 a o aen Sea Date
Police Commander
30 - 2v
Raymond Bechler Date
Chief of Police
Zy ` zz
Salvador Navarrete Date
City Attorney
3t • Z
S en J. Salvatore Date
City Manager
ATTACHMEN ._ T
URGENCY ORDINANCE NO. 22-
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 9 PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE BY ADDING NEW CHAPTER 9. 02 TITLED " PEACE OFFICER STANDARDS AND TRAINING" TO ACCEPT REQUIREMENTS OF THE PENAL
CODE RELATING TO THE RECRUITMENT AND TRAINING OF LAW
ENFORCEMENT OFFICERS
WHEREAS, Government Code section 65858 allows a city to adopt an interim ordinance as an urgency measure to prevent a current and immediate threat to the public health, safety or welfare; and
WHEREAS, the City of Lathrop has contracted for police services with the San Joaquin County Sheriff' s Office ( SJCSO) since 1990. Most recently, Lathrop executed a five- year contract with the SJCSO on April 17, 2017 that expires on June 30, 2022; and
WHEREAS, as part of a comprehensive and ongoing review of the delivery of services, and to remedy the systematic inability of the City to control the costs of public safety services provided through its existing contract with the SJCSO, the City began examining alternative service delivery models for police services; and WHEREAS, on March 22, 2021, the City Council adopted Resolution 21- 4852 approving the creation of Capital Improvement Project GG 21- 11, to begin the creation of the new Lathrop Police Department, and implement the transition of law enforcement services from the San Joaquin County Sheriff to the City; and WHEREAS, it is anticipated that the City will commence providing its own law enforcement services on July 1, 2022; and
WHEREAS, on November 8, 2021, the City Council adopted Resolution 21- 4989 authorizing the establishment of the Lathrop Police Department in accordance with all requirements necessary for certification as a Member Agency with the California Commission on Peace Officer Standards and Training and directed that all duly appointed sworn peace officers of the Lathrop Police Department be granted peace officer authority as outline in California Penal Code Section 830. 1; and WHEREAS, in order to seek and qualify to receive aid from the State of California under the provisions of Section 13522, Chapter 1 of Title 4, Part 4 of the California Penal Code, the City Council of the City of Lathrop must adopt this Urgency Ordinance accepting the requirements of the Penal Code relating to the recruitment and training of Law Enforcement Officers; and
WHEREAS, the adoption of the Urgency Ordinance would allow Officers to be enrolled into the POST Program until the regular Ordinance has taken efFect; and Urgency Ordinance No. 22-
WHEREAS, the City Council conducted a duly noticed public hearing and following the hearing of this urgency ordinance will act upon the non- urgency ordinance accepting the requirements of the Penal Code relating to the recruitment and training of Law Enforcement Officers; and
WHEREAS, the City Council finds that the current and immediate threat to the public health, safety, and welfare exists as described in the findings above, and finds that an urgency ordinance is needed to provide sufficient time for the time for the regular Ordinance to be heard and acted upon by the City Council; and WHEREAS, the City Council has duly considered all written and verbal testimony presented during this April 11, 2022 public hearing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby ordain as follows:
Section 1.
CHAPTER 9. 02 PEACE OFFICER STANDARDS AND TRAINING
9. 02.010 Qualification for Aid Desired.
The City of Lathrop declares that it desires to qualify to receive aid from the State of California under the provisions of Section 13522, Chapter 1 of Title 4, Part 4 of the California Penal Code.
9. 02. 020. Adherence to State Standards
Pursuant to Penal Code Section 13510, Chapter 1, of Title 4, Part 4 of the California Penal Code, the City of Lathrop will adhere to the standards for recruitment and training of peace officers established by the Commission on Peace OfFicer Standards and Training.
9. 02. 030. Commission Inquiries
Pursuant to Section 13512, Chapter 1 of Title 4, Part 4 of the California Penal Code, the Commission and its representatives may make such inquiries as deemed necessary to ascertain that the peace officer personnel of the City of Lathrop adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.
Section 2.
This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Urgency Ordinance No. 22-
Section 3. Severabilitv.
If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not afFect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section 4. Effective Date.
This Ordinance shall become effective immediately upon passage and adoption if adopted by at least four- fifths ( 4/ 5) vote of the City Council and shall be in effect for a period of 95 days from the date of adoption unless sooner terminated or extended by the City Council.
Section 5. Publication.
The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen ( 15) days after its passage at least once in a newspaper of general circulation published and circulated in the City.
Urgency Ordinance No. 22-
THIS URGENCY ORDINANCE was regularly introduced, PASSED AND ADOPTED at the regular meeting of the City Council of the City of Lathrop on the 11t" day of April 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Urgency Ordinance No. 22-
ATTACHMENT
ORDINANCE NO. 22-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 9 PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE BY ADDING NEW CHAPTER 9. 02 TITLED PEACE OFFICER STANDARDS AND TRAINING" TO ACCEPT REQUIREMENTS OF THE PENAL CODE RELATING TO
THE RECRUITMENT AND TRAINING OF LAW ENFORCEMENT OFFICERS WHEREAS, the City of Lathrop has contracted for police services with the San Joaquin County Sheriff' s Office ( SJCSO) since 1990. Most recently, Lathrop executed a five- year contract with the SJCSO on April 17, 2017 that expires on June 30, 2022; and
WHEREAS, as part of a comprehensive and ongoing review of the delivery of services, and to remedy the systematic inability of the City to control the costs of public safety services provided through its existing contract with the S) CSO, the City began examining alternative service delivery models for police services; and WHEREAS, on March 22, 2021, the City Council adopted Resolution 21- 4852 approving the creation of Capital Improvement Project GG 21- 11, to begin the creation of the new Lathrop Police Department, and implement the transition of law enforcement services from the San Joaquin County Sheriff to the City; and WHEREAS, it is anticipated that the City will commence providing its own law enforcement services on ) uly 1, 2022; and
WHEREAS, on November 8, 2021, the City Council adopted Resolution 21- 4989 authorizing the establishment of the Lathrop Police Department in accordance with all requirements necessary for certification as a Member Agency with the California Commission on Peace Officer Standards and Training and directed that all duly appointed sworn peace officers of the Lathrop Police Department be granted peace officer authority as outline in California Penal Code Section 830. 1; and WHEREAS, in order to seek and qualify to receive aid from the State of California under the provisions of Section 13522, Chapter 1 of Title 4, Part 4 of the California Penal Code, the City Council of the City of Lathrop must adopt this Ordinance accepting the requirements of the Penal Code relating to the recruitment and training of Law Enforcement Officers.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby ordain as follows:
Section 1.
CHAPTER 9. 02 PEACE OFFICER STANDARDS AND TRAINING
9. 02. 010 Qualification for Aid Desired.
Ordinance No. 22-
The City of Lathrop declares that it desires to qualify to receive aid from the State of California under the provisions of Section 13522, Chapter 1 of Title 4, Part 4 of the California Penal Code.
9. 02. 020. Adherence to State Standards
Pursuant to Penal Code Section 13510, Chapter 1, of Title 4, Part 4 of the California Penal Code, the City of Lathrop will adhere to the standards for recruitment and training of peace ofFicers established by the Commission on Peace Officer Standards and Training.
9. 02. 030. Commission Inquiries
Pursuant to Section 13512, Chapter 1 of Title 4, Part 4 of the California Penal Code, the Commission and its representatives may make such inquiries as deemed necessary to ascertain that the peace officer personnel of the City of Lathrop adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.
Section 2.
This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severabilitv.
If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section 4. Effective Date.
This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 5. Publication.
Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance, to be published in full accordance with Section 36933 of the Government Code
Ordinance No. 22-
THIS ORDINANCE was regularly introduced at a regular meeting of the City Council of the City of Lathrop on the 11t" day of April 2022, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 22-