In the interest of Public Health and Safety in order to minimize the spread of the COVID 19 virus, you are strongly encouraged to observe the City Council meetings on the City of Huntington Park;s website at www.hpca.gov or virtually via the Zoom link provided above.
The City of Huntington Park thanks you in advance for your cooperation.
For both open and closed session, each speaker will be limited to three minutes per Huntington Park Municipal Code Section 2-1.207. Time limits may not be shared with other speakers and may not accumulate from one period of public comment to another or from one meeting to another. This is the only opportunity for public input except for scheduled public hearing items.
All comments or queries shall be addressed to the Council as a body and not to any specific member thereof. Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall-be undertaken on any item n9t appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.
Additjons/Deletions to Agenda
Items of business may be added to the agenda upon a motion adopted by a minimum twothirds vote finding that there is a need to take immediate action and that the need for action came to the attention of the City or Agency subsequent _to the agenda being posted. Items may be deleted from the agenda upon the request of staff or Council.
Important Notice
The City of Huntington Park shows replays of City Council Meetings on Local Access Channel 3 and over the Internet at www.hpca.gov. NOTE: Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice.
CALL TO ORDER
ROLL CALL
Mayor Eduardo "Eddie" Martinez
Vice Mayor Marilyn Sanabria
Council Member Karina Macias
Council Member Graciela Ortiz
INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATIONCS)
1. RECOGNITION OF NATIONAL NIGHT OUT VENDORS
2. PRESENTATION/REPORT ON HUNTINGTON PARK TUTORING PROGRAM
3. RECOGNITION OF SUMMER TUTORING PROGRAM PARTICIPANTS
4. PRESENTATION ON COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS
CITY COUNCIL MEETING AGENDA
August16,2022 Page 3 of 7
TO ASSEMBLY BILL 361
RECOMMENDED THAT CITY COUNCIL:
1. Adopt Resolution No. 2022-31 to Authorize the City of Huntington Park to Conduct Teleconferenced Open Meetings in Accordance with Assembly Bill 361.
FINANCE
3. CHECK REGISTERS
RECOMMENDED THAT CITY COUNCIL:
1. Approve Accounts Payable and Payroll Warrant(s) dated August 16, 2022;
END OF CONSENT CALENDAR
REGULAR AGENDA
PUBLIC WORKS
4. CONSIDERATION AND APPROVAL TO PUBLISH A REQUEST FOR PROPOSAL
TO OBTAIN TECHNICAL EXPERTISE FROM A CERTIFIED TREE ARBORIST
AND UPDATE THE URBAN TREE INVENTORY
RECOMMENDED THAT CITY COUNCIL:
1. Authorize staff to publish a Request for Proposal (RFP) to obtain professional services from a certified tree arborist and to update the urban tree inventory.
5. CONSIDERATION AND APPROVAL TO AWARD A PROFESSIONAL SERVICES
AGREEMENT TO OVERSEE THE ONE-TIME STATE DEPARTMENT OF
RESOURCES RECYCLING AND RECOVERY SB 1383 LOCAL ASSISTANCE
GRANT PROGRAM
RECOMMENDED THAT CITY COUNCIL:
1. Award the professional services agreement to oversee and implement the onetime· State Department of Resources Recycling and Recovery SB 1383 Local Assistance Grant Program to Municipal Waste Solutions for a not-to-exceed amount of $75,625 payable from Account No. 285-8050-432.56-41.
2. Authorize the City Manager to execute the professional services agreement.
END OF REGULAR AGENDA
PUBLIC HEARINGS
CITY COUNCIL MEETING AGENDA
August 16, 2022 Page 5 of 7
CITY COUNCIL MEETING AGENDA
August 16, 2022 Page 6 of 7
POLICE DEPARTMENT
6. FIRST READING OF AN ORDINANCE ADDING CHAPTER 21 “MILITARY EQUIPMENT USE POLICY,” TO TITLE 4, “PUBLICE SAFETY,” OF THE
HUNTINGTON PARK MUNICIPAL CODE TO ESTABLISH A MILITARY
EQUIPMENT USE POLICY IN COMPLIANCE WITH ASSEMBLY BILL 481 RECOMMENDED THAT CITY COUNCIL:
1. Conduct the first reading of the proposed ordinance (Attachment “A”) adding chapter 21 “Military Use Policy, to title 4, “Public Safety,” of the Huntington Park Municipal Code;
2. Conduct a public hearing regarding the “Military Equipment Use Policy,” as required by Assembly Bill 481.
COMMUNITY DEVELOPMENT
7. CONSIDERATION AND APPROVAL OF SUBSTANTIAL AMENDMENT ONE TO THE FY 2022-2023 ANNUAL ACTION PLAN (AAP) FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
RECOMMENDED THAT CITY COUNCIL:
1. Conduct a public hearing
2. Approve Substantial Amendment Number One to the Annual Action Plan for FY 2022-2023, inclusive of any comments received by the City Clerk during the 30- day public comment period.
3. Authorize City Manager to execute the HUB Cities Consortium Business Outreach Program with the unallocated FY 2020 CDBG-CV funds.
4. Authorize City Manager to execute all required documents for transmittal to the U.S. Department of Housing and Urban Development Department (HUD); and
5. Amend the Fiscal Year 2022-2023 Budget in accordance with the approved Substantial Amendment, appropriating $80,000.00 to account number 239-0280- 490.51-07, Business Outreach Program; and
6. Authorize City staff to electronically transmit the amended components of the FY 2022-2023 Annual Action Plan to the U.S Department of Housing and Urban Development (HUD) via Integrated Disbursement and Information System (IDIS).
END OF PUBLIC HEARING ITEMS
CITY OF HUNTINGTON PARK
Police Department
City Council Agenda Report
August 16, 2022
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Dear Mayor and Members of the City Council:
FIRST READING OF AN ORDINANCE ADDING CHAPTER 21 “MILITARY EQUIPMENT USE POLICY,” TO TITLE 4, “PUBLICE SAFETY,” OF THE
HUNTINGTON PARK MUNICIPAL CODE TO ESTABLISH A MILITARY EQUIPMENT USE POLICY IN COMPLIANCE WITH ASSEMBLY BILL 481
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Conduct the first reading of the proposed ordinance (Attachment “A”) adding chapter 21 “Military Use Policy, to title 4, “Public Safety,” of the Huntington Park Municipal Code;
2. Conduct a public hearing regarding the “Military Equipment Use Policy,” as required by Assembly Bill 481.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
Assembly Bill 481 (AB 481) codified in Government Code sections 7070 through 7075, requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, through adoption of a Military Equipment Use Policy by ordinance, prior to the LEA funding, acquiring, or using military equipment. During the June 7, 2022 City Council Meeting, the Huntington Park Police Department (HPPD) obtained City Council approval of the Military Equipment Use Policy, which allowed HPPD to continue to use the vital equipment specified therein and continue to purchase said equipment as needed.
Consistent with AB 481, Ordinance No. 2020-01 is being introduced to the City Council to seek approval and support for the continued use and deployment of military equipment acquired by the Huntington Park Police Department.
FISCAL IMPACT/FINANCING
ASSEMBLY BILL (AB) 481 – MILITARY EQUIPMENT USE POLICY
August 16, 2022
N/A
CONCLUSION
It is the recommendation of the Chief of Police that the City Council conduct the first reading of the attached Ordinance, and direct HPPD to bring it back for second reading and adoption at the next City Council meeting. The Chief of Police also recommends that the City Council hold a public hearing with regard to the proposed Military Equipment Use Policy and shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect thirty (30) days after its final passage.
Respectfully submitted,
RICARDO REYES
City Manager
Chief of Police
ATTACHMENT(S)
A: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON PARK, CALIFORNIA, ADDING CHAPTER 21, “MILITARY EQUIPMENT USE POLICY,” TO TITLE 4, “PUBLIC SAFETY,” OF THE HUNTINGTON PARK
MUNICIPAL CODE TO ESTABLISH A MILITARY EQUIPMENT USE POLICY IN COMPLIANCE WITH ASSEMBLY BILL 481
ORDINANCE NO. 2022-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON PARK, CALIFORNIA, ADDING CHAPTER 21, “MILITARY EQUIPMENT USE POLICY,” TO TITLE 4, “PUBLIC SAFETY,” OF THE
HUNTINGTON PARK MUNICIPAL CODE TO ESTABLISH A MILITARY
EQUIPMENT USE POLICY IN COMPLIANCE WITH ASSEMBLY BILL
481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481” creating Government Code Section 7070, et seq.), relating to the use of military equipment by California law enforcement agencies; 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, the Huntington Park Police Department (“HPPD”) is in possession of certain items of equipment that qualify as “military equipment” under AB 481; and WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment must prepare a publicly released, written, military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to HPPD’s use of such equipment; and WHEREAS, the Military Equipment Use Policy (“Policy”) and supporting information must be approved by the governing body by ordinance, and reviewed annually; and
WHEREAS, the City Council of the City of Huntington Park (“City”), having received the information required under AB 481 regarding HPPD’s use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Use Policy as set forth herein.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON PARK DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The recitals set forth above are incorporated herein and by this reference made an operative part hereof.
-2-
SECTION 2. Chapter 21 of Title 4 of the Huntington Park Municipal Code is hereby added to read as follows (deletions in Strikethrough and additions in Underline):
TITLE 4 PUBLIC SAFETY
CHAPTER 21 MILITARY EQUIPMENT USE POLICY
4-21.01 Findings.
(a) The City Council has made the following determinations:
(1) The military equipment identified in the Huntington Park Military Equipment Use Policy (“Policy”) is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
(2) The Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
(3) The military equipment identified in the Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety;
(4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance;
(b) The Huntington Park Police Department (“HPPD”) has submitted a proposed Policy to the City Council and has made those documents available on the HPPD website for at least 30 days prior to the public hearing concerning the military equipment at issue.
(c) The Policy was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.
-3-
(d) The Policy shall be made publicly available on HPPD’s website for as long as the military equipment is available for use.
4-21.02 Annual Report.
(a) HPPD shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above.
(b) The City Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2)
(c) The City Council approves the use of the Policy, General Order 706, and finds that it satisfies the requirements of Government Code Section 7070.
SECTION 3. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provisions or applications, and to this end any phrase, section, sentence, or word is declared to be severable.
SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law.
SECTION 5. This Ordinance shall take effect thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED this ____ day of _______, 2022.
ATTEST: CITY OF HUNTINGTON PARK
_______________________________ ___________________________________ Eduardo Sarmiento, City Clerk Ricardo Reyes, City Manager -4-
APPROVED AS TO FORM:
___________________________________
Arnold M. Alvarez-Glasman,
City Attorney