ITEM 4.4
CITY MANAGER' S REPORT
DECEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
22- 441 OF THE CITY COUNCIL OF THE CITY OF
LATHROP UPDATING THE POLICY FOR THE USE OF
MILITARY EQUIPMENT BY THE LATHROP POLICE
DEPARTMENT, IN COMPLIANCE WITH ASSEMBLY
BILL 481
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 22- 441 Amending Chapter 9. 20 Titled " Military Equipment
Use Policy", of Title 9 " Public Peace and Welfare" of
the Lathrop Municipal Code by Adding Section
9. 20. 050 titled Active Policies" to Incorporate
Lathrop Police Department Policy Regulating
Unmanned Aerial System ( UAS) Operations", and
Adopting Military Equipment Use Policies in
Compliance with California Government Code
Section 7071
CEQA Status: Exempt according to California Environmental Quality Act Article 5 § 15061( b)( 3), by the Common
Sense Exemption"
RECOMMENDED ACTION:
The City Council to conduct second reading and adopt Ordinance 22- 441 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING CHAPTER 9. 20 TITLED MILITARY EQUIPMENT USE POLICY", OF TITLE 9 " PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE BY ADDING SECTION
9. 20. 050 TITLED " ACTIVE POLICIES" TO INCORPORATE LATHROP POLICE
DEPARTMENT POLICY REGULATING UNMANNED AERIAL SYSTEM ( UAS) OPERATIONS", AND ADOPTING MILITARY EQUIPMENT USE POLICIES IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 7071 SUMMARY:
On November 14, 2022, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Akinjo, Diallo, Torres- O' Callaghan, and Dhaliwal NOES: None
ABSTAIN: None
ABSENT: Lazard
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
t Is[
T resa Vargas, City rk Date
ORDINANCE NO. 22- 441
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING CHAPTER 9. 20 TITLED MILITARY EQUIPMENT USE POLICY", OF TITLE 9 PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE BY ADDING SECTION 9. 20. 050 TITLED " ACTIVE POLICIES" TO INCORPORATE
LATHROP POLICE DEPARTMENT POLICY REGULATING UNMANNED AERIAL SYSTEM ( UAS) OPERATIONS", AND ADOPTING MILITARY EQUIPMENT USE
POLICIES IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 7071
WHEREAS, on September 30, 2021, Governor Newsom signed into law seven 7) major peace officer reform bills, including Assembly Bill ( AB) 481 ( codified in California Government Code Sections 7070- 7075), authored by Assembly Member David Chieu to address the funding, acquisition and use of items lawmakers deem to be considered military equipment; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, AB 481 required each law enforcement agency' s governing body to adopt a written military equipment use policy by ordinance in a public forum by April 30, 2022, to continue using this previously acquired military equipment, effective May 1, 2022; and
WHEREAS, during that time the City of Lathrop was under the jurisdiction of the San Joaquin County Sheriff's office, while working to transition into its own Police Department by July 1, 2022; and
WHEREAS, in preparation of the transition, on June 13, 2022, the City Council adopted Ordinance 22- 436, amending Title 9 ' Public Peace and Welfare" of the Lathrop Municipal Code ( LMC) by adding Chapter 9. 20 titled " Military Equipment Use Policy" to establish a policy for the proper use, funding and acquisition of military style equipment as set forth by AB 481 in compliance with California Government Code Section 7071; and
WHEREAS, Policy No. 706 authorized the new Lathrop Police Department to fund, acquire, and use of thirty- five 5. 56mm semiautomatic rifles and ammo, and eight 40mm launchers and rounds; and
WHEREAS, the Police Department is requesting City Council' s approval for the use, funding and acquisition of four ( 4) unmanned aerial system ( known as drones); and
WHEREAS, staff requests that the City Council hold a public hearing to consider an ordinance amending Chapter 9. 20 titled Military Equipment Use Policy", of Title 9 " Public Peace and Welfare" of the LMC, by adding Section 9. 20. 050 titled Ordinance No. 22- 441
Active Policies" to incorporate Lathrop Police Department Policy No. 606, regulating Unmanned Aerial System ( UAS) Operations", and adopt the Military Equipment Use Policies 706 and 606 in compliance with California Government Code Section 7071; and
WHEREAS, the City Council of the City of Lathrop having received the information required under AB 481 regarding the proposed use of military equipment as defined in said law, deems it to be in the best interest of the City to approve and adopt the Military Equipment Use Policy No. 606, as it relates to Unmanned Aerial System ( UAS) Operations; and
WHEREAS, Military Equipment Use Policy No. 706 and proposed Military Equipment Use Policy No. 606 will be incorporated by reference in LMC Section
9. 20. 050 titled Active Policies".
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby ordain as follows:
Section 1.
That the Police Department Military Equipment Use Policy 706 and 606, on file with the Lathrop Police Department, are hereby adopted and will be incorporated by reference in Section 9. 20. 050.
Section 2.
Title 9 of the Lathrop Municipal Code, titled Public Peace and Welfare" is hereby amended by adding new Section 9. 20. 050 titled ' Active Policies", to Chapter 9. 20 titled " Military Equipment Use Policy", to incorporate Lathrop Police Department Policy regulating " Unmanned Aerial System ( UAS) Operations", to read in its entirety as follows.
CHAPTER 9. 20 MILITARY EQUIPMENT USE POLICY
9. 20.050 Active Policies
A. The Lathrop police department has obtained approval of the City Council, by ordinance adopting the following military equipment use policies, incorporated here by reference:
1. Military Equipment Use Policy No. 706, adopted by Ordinance 22-_, for the funding, acquisition and use of thirty-five 5. 56mm semiautomatic rifles and ammo, and eight 40mm launchers and rounds.
2. Military Equipment Use Policy No. 606, adopted by Ordinance 22-_, fund, acquire, and use of unmanned aerial system ( known as drones).
Ordinance No. 22- 441
Section 3.
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 4. 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 5. Effective Date.
This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 6. 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- 441
THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the 14t" day of November 2022, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of 202_, 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- 441