ITEM 4. 3
CITY MANAGER' S REPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
25- 463 OF THE CITY COUNCIL OF THE CITY OF
LATHROP UPDATING THE MILITARY EQUIPMENT
LIST FOR MILITARY EQUIPMENT USE POLICY NO.
706, FOR THE USE OF MILITARY EQUIPMENT BY THE
LATHROP POLICE DEPARTMENT, IN COMPLIANCE
WITH CALIFORNIA GOVERNMENT CODE SECTIONS
7070- 7075, ASSEMBLY BILL 481
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 25- 463 Amending Lathrop Municipal Code ( LMC) Chapter
9. 20 Titled " Military Equipment Use Policy", of Title 9 " Public Peace And Welfare" by Amending Section
9. 20. 050 Titled " Active Policies" to Update Existing Military Equipment List For Military Equipment Use
Policy No. 706, by Incorporating Funding,
Acquisition, And Use Of New Military Equipment for
the Lathrop Police Department, In Compliance With
California Government Code Sections 7070-075,
Assembly Bill 481 ( Chieu)
RECOMMENDED ACTION:
The City Council to conduct a second reading and adopt Ordinance 25- 463 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 AMENDING SECTION
9. 20. 050 TITLED " ACTIVE POLICIES" TO UPDATE EXISTING MILITARY EQUIPMENT LIST FOR MILITARY EQUIPMENT USE POLICY NO. 706, BY INCORPORATING
FUNDING, ACQUISITION, AND USE OF NEW MILITARY EQUIPMENT FOR THE
LATHROP POLICE DEPARTMENT, IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 7070-075, ASSEMBLY BILL 481 ( CHIEU)
SUMMARY:
On January 13, 2025, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Diallo, Dresser, Lazard, Torres -O' Callaghan, and Akinjo NOES: None
ABSTAIN: None
ABSENT: None
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
eresa Vargas, City CI Date
ORDINANCE NO. 25- 463
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 AMENDING SECTION 9. 20. 050 TITLED " ACTIVE POLICIES" TO UPDATE
EXISTING MILITARY EQUIPMENT LIST FOR MILITARY EQUIPMENT USE POLICY NO. 706, BY INCORPORATING FUNDING, ACQUISITION, AND USE
OF NEW MILITARY EQUIPMENT FOR THE LATHROP POLICE DEPARTMENT, IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 7070- 7075, ASSEMBLY BILL 481 ( CHIEU)
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' soffice, while working to transition into its own Police Department by July 1, 2022; and
WHEREAS, in preparation for 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 thirty- five 5.6mm semiautomatic rifles and ammo, and eight 40mm launchers and rounds; and
WHEREAS, on December 12, 2022, the City Council adopted Ordinance 22- 441, amending Chapter 9. 20 titled " Military Equipment Use Policy", by adding Section
9. 20. 050 titled " Active Policies" to incorporate new Lathrop Police Department Policy No. 606, regulating " Unmanned Aerial System ( UAS) Operations", and formally codifying previously approved Military Equipment Use Policy No. 706, in the Lathrop Municipal Code, in compliance with California Government Code Section 7071; and Ordinance No. 25- 463
WHEREAS, Policy No. 606 authorized the new Lathrop Police Department to fund, acquire, and use four ( 4) unmanned aerial systems ( known as drones); and WHEREAS, On January 8, 2024, the City Council adopted Ordinance 24- 453, amending Chapter 9. 20 titled " Military Equipment Use Policy", amending Section
9. 20. 050 titled " Active Policies" to update the existing Military Equipment List for Military Equipment Use Policy No. 706, by incorporating funding, acquisition, and use of new military equipment for the Lathrop Police Department, in compliance with California Government Code Sections 7070- 7075, Assembly BiII 481 ( Chieu); 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 Lathrop Municipal Code, by amending Section 9. 20. 050 titled " Active Policies" to update the existing Military Equipment List for Military Equipment Use Policy No. 706, by incorporating funding, acquisition, and use of new military equipment for the Lathrop Police Department , in compliance with California Government Code Sections 7070-075, Assembly Bill 481 ( Chieu); 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 amended Military Equipment List for Military Equipment Use Policy No. 706; and
WHEREAS, the amended Military Equipment List for Military Equipment Use Policy No. 706 will be incorporated by reference in LMC Section 9. 20. 050 titled " Active Policies".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
That the amended Lathrop Police Department Military Equipment List for Military Equipment Use Policy No. 706, on file with the Lathrop Police Department and attached as Attachment D to the City Manager' s Report that accompanied this Ordinance, is hereby updated and adopted and will be incorporated by reference in Section 9. 20. 050.
Title 9 of the Lathrop Municipal Code, titled " Public Peace and Welfare" is hereby amended by adding new military equipment to Section 9. 20. 050 titled " Active Policies", to incorporate new military equipment categories to Military Equipment Use Policy No. 706, to read in its entirety as follows:
CHAPTER 9. 20 MILITARY EQUIPMENT USE POLICY
9. 20. 050 Active Policies
Ordinance No. 25- 463
The Lathrop police department has obtained approval of the city council, by ordinance adopting the following military equipment use policies, incorporated here by reference:
A. Military Equipment Use Policy No. 706, adopted by Ordinance 22- 436, for the funding, acquisition and use of thirty- five 5.6mm semiautomatic rifles and ammo, and eight 40mm launchers and rounds.
B. Military Equipment Use Policy No. 606, adopted by Ordinance 22- 441, fund, acquire, and use of unmanned aerial system ( known as drones).
C. Military Equipment Use Policy No. 706, amended by Ordinance 24- 453, to add the funding, acquisition and use of 11 5.6mm semiautomatic rifles and ammo, eight Remington 870 Tess lethal launchers - drag stabilized 12 -gauge bean bag rounds, 50 sets of five units of super -sock bean bags ammunitions, and 3, 000
5.6mm and 9mm specialty impact munitions.
D. Military Equipment Use Policy No. 706, amended by Ordinance 25- , to add the funding, acquisition and use of 10 additional 5.6mm semiautomatic rifles and ammunition, 20 additional 40mm launchers and 96 40mm frangible impact rounds, 5 command and control vehicles, 24 tactical flash bangs, 1 sniper rifle with suppressor, and 6 submachine guns with suppressors.
Section 2. Duty of Care. 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. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Section 4. Effective Date. This Ordinance shall become effective 30 days after adoption.
Section 5. Publication. The City Clerk shall certify to the introduction of this ordinance and shall publish a summary thereof and post a certified copy of the full ordinance in the office of the City Clerk at least five days prior to the adoption of the proposed ordinance; and within fifteen days after adoption, the City Clerk shall publish a
summary of the ordinance with the names of the members of the City of Lathrop City Council voting for and against the same.
Ordinance No. 25- 463
THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the 10th day of February 2025, and was PASSED AND ADOPTED by the City Council of the City of Lathrop on this day of , 2025, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 25- 463
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