Agenda packet — Huntington Park City Council, December 16, 2024 (part 3 of 3)

2021, and December 31, 2024.

On December 7, 2021, the City committed to receiving $27,952,355.00 in ARPA Funds.

Subsequently, on February 15, 2022, the City Council approved an ARPA spending plan.

This plan earmarked $2.4 million for guaranteed income for seniors, $4.8 million for pay stipends for In-Home Support Services and Nursing Home Workers, and $2 million to modernize information technology systems at City Hall.

On February 6, 2024 the City approved a spending plan for the remaining ARPA funds on Capital Improvement Projects. The plan included 6 projects that will enhance and rehab City facilities to improve safety & security, upgrade communication & transparency, increase accessibility, and provide improved recreational facilities for City staff and residents. Currently, the City has utilized approximately $17.5 million of ARPA funds.

The City still has a balance of unspent ARPA funds and these current capital improvement projects are eligible under the Coronavirus State and Local Fiscal Recovery Fund (“SLFRF”) Final Rule. The American Rescue Plan Act provides fund to State, Local, and Tribal governments to make necessary investments in water and sewer infrastructure.

The Interim Final Rule explains this to mean a broad range of projects that improve access to clean drinking water, improve wastewater and stormwater infrastructure systems. “Necessary investments include projects that are required to maintain a level of service that, at least, meets applicable health-based standards, taking into account resilience to climate change.” Notably, the “Interim Final Rule provides [State, Local, and Tribal] governments with wide latitude to identify investments in water and sewer infrastructure that are of the highest priority for their own communities, which may include projects on privately-owned infrastructure.”
On May 4, 2021 the City entered into a contract services agreement with Utility Service Co. for CIP 2020-03 Cottage Reservoir at Well 15 in an amount not-to-exceed $647,882.28. The project was to rehabilitate the reservoir at Well 15. Then on April 5, 2022 the City signed the first amendment to the contract services agreement with Utility Service Co. for additional compensation in the amount of $1,379,169 for revised scope of work related to the project. The improved reservoir allowed the City to ensure that its residents have access to clean potable water.

On December 19, 2023 the City entered into a professional service agreement with Cannon Corporation to draft, update, and complete the Water Master Plan in the amount not-to-exceed $599,059. The goal of the Water Master Plan is to develop a 20-year capital improvement program for the water utility. This 20-year plan provides the City a resource on how to update and improve the water utility infrastructure so that all water quality, regulatory, facilities, and water distributions system needs are met.

The reclassification of these expenditures and the change of funding source to ARPA funds will close the gap of unspent ARPA funds and place funds back into the water fund and sewer fund.

CONSIDERATION AND APPROVAL FOR THE RECLASSIFICATION OF EXPENSES AND CHANGING OF FUNDING SOURCE OF CIP PROJECT 2020-03 & THE WATER

MASTER PLAN PROJECT FROM WATER & SEWER FUNDS TO AMERICAN

RESCUE PLAN ACT (ARPA) FUNDS
December 16, 2024

Page 3 of 3 ends

FISCAL IMPACT/FINANCING
The reclassification of these expenses will immediately return cash in the amount of $1,693,144.66 to the Water Fund and $306,516.44 to the Sewer Fund. In addition to this, already encumbered funds in the amounts of $300,000 for the Water Fund and $242,542.56 for the Sewer Fund, would instead be preserved for future maintenance needs.

Cash Returned
Water Fund 1,693,144.66
Sewer Fund 306,516.44
Encumbered Funds Preserved
Water Fund 300,000.00
Sewer Fund 242,542.56

CONCLUSION
Upon Council approval, staff will proceed with the recommended actions.

Respectfully submitted,

RICARDO REYES
City Manager

JEFF JONES
Director of Finance

ATTACHMENT(S)
A. U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds Final Rule Overview Excerpt (pg. 37-38)
B. Using ARPA for Water, Wastewater and Stormwater Infrastructure Projects ATTACHMENT “A”
37 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Water & Sewer Infrastructure
The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in water and sewer infrastructure. State, local, and Tribal governments have a tremendous need to address the consequences of deferred maintenance in drinking water systems and removal, management, and treatment of sewage and stormwater, along with additional resiliency measures needed to adapt to climate change.

Recipients may undertake the eligible projects below:

PROJECTS ELIGIBLE UNDER EPA’S CLEAN WATER STATE REVOLVING FUND (CWSRF) Eligible projects under the CWSRF, and the final rule, include:
✓ Construction of publicly owned
treatment works
✓ Projects pursuant to implementation
of a nonpoint source pollution
management program established
under the Clean Water Act (CWA)
✓ Decentralized wastewater treatment
systems that treat municipal
wastewater or domestic sewage
✓ Management and treatment of
stormwater or subsurface drainage
water
✓ Water conservation, efficiency, or
reuse measures
✓ Development and implementation of a
conservation and management plan
under the CWA
✓ Watershed projects meeting the
criteria set forth in the CWA
✓ Energy consumption reduction for
publicly owned treatment works
✓ Reuse or recycling of wastewater,
stormwater, or subsurface drainage
water
✓ Security of publicly owned treatment
works
Treasury encourages recipients to review the EPA handbook for the CWSRF for a full list of eligibilities.

PROJECTS ELIGIBLE UNDER EPA’S DRINKING WATER STATE REVOLVING FUND (DWSRF) Eligible drinking water projects under the DWSRF, and the final rule, include:
✓ Facilities to improve drinking water
quality
✓ Transmission and distribution,
including improvements of water
pressure or prevention of
contamination in infrastructure and
lead service line replacements
✓ New sources to replace contaminated
drinking water or increase drought
resilience, including aquifer storage
and recovery system for water storage
✓ Green infrastructure, including green
roofs, rainwater harvesting collection,
permeable pavement
✓ Storage of drinking water, such as to
prevent contaminants or equalize
water demands
✓ Purchase of water systems and
interconnection of systems
✓ New community water systems
Treasury encourages recipients to review the EPA handbook for the DWSRF for a full list of eligibilities. 38 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury

ADDITIONAL ELIGIBLE PROJECTS
With broadened eligibility under the final rule, SLFRF funds may be used to fund additional types of projects— such as additional stormwater infrastructure, residential wells, lead remediation, and certain rehabilitations of dams and reservoirs — beyond the CWSRF and DWSRF, if they are found to be “necessary” according to the definition provided in the final rule and outlined below. ✓ Culvert repair, resizing, and removal,
replacement of storm sewers, and
additional types of stormwater
infrastructure
✓ Infrastructure to improve access to
safe drinking water for individual
served by residential wells, including
testing initiatives, and
treatment/remediation strategies that
address contamination
✓ Dam and reservoir rehabilitation if
primary purpose of dam or reservoir is
for drinking water supply and project
is necessary for provision of drinking
water
✓ Broad set of lead remediation projects
eligible under EPA grant programs
authorized by the Water
Infrastructure Improvements for the
Nation (WIIN) Act, such as lead
testing, installation of corrosion
control treatment, lead service line
replacement, as well as water quality
testing, compliance monitoring, and
remediation activities, including
replacement of internal plumbing and
faucets and fixtures in schools and
childcare facilities
A “necessary” investment in infrastructure must be:
(1) responsive to an identified need to achieve or maintain an adequate minimum level of service, which may include a reasonable projection of increased need, whether due to population growth or otherwise,
(2) a cost-effective means for meeting that need, taking into account available alternatives, and (3) for investments in infrastructure that supply drinking water in order to meet projected population growth, projected to be sustainable over its estimated useful life.

Please note that DWSRF and CWSRF-eligible projects are generally presumed to be necessary investments. Additional eligible projects generally must be responsive to an identified need to achieve or maintain an adequate minimum level of service. Recipients are only required to assess costeffectiveness of projects for the creation of new drinking water systems, dam and reservoir rehabilitation projects, or projects for the extension of drinking water service to meet population growth needs. Recipients should review the supplementary information to the final rule for more details on requirements applicable to each type of investment.

APPLICABLE STANDARDS & REQUIREMENTS
Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws.

ATTACHMENT “B”
12/9/24, 2:14 PM Using American Rescue Plan Act Funds for Water, Wastewater and Stormwater Infrastructure Projects - National League of Cities https://www.nlc.org/article/2021/06/01/using-american-rescue-plan-act-funds-for-water-wastewater-and-stormwater-infrastructure-projects/ 1/8 12/9/24, 2:14 PM Using American Rescue Plan Act Funds for Water, Wastewater and Stormwater Infrastructure Projects - National League of Cities https://www.nlc.org/article/2021/06/01/using-american-rescue-plan-act-funds-for-water-wastewater-and-stormwater-infrastructure-projects/ 2/8 12/9/24, 2:14 PM Using American Rescue Plan Act Funds for Water, Wastewater and Stormwater Infrastructure Projects - National League of Cities https://www.nlc.org/article/2021/06/01/using-american-rescue-plan-act-funds-for-water-wastewater-and-stormwater-infrastructure-projects/ 3/8 12/9/24, 2:14 PM Using American Rescue Plan Act Funds for Water, Wastewater and Stormwater Infrastructure Projects - National League of Cities https://www.nlc.org/article/2021/06/01/using-american-rescue-plan-act-funds-for-water-wastewater-and-stormwater-infrastructure-projects/ 4/8 12/9/24, 2:14 PM Using American Rescue Plan Act Funds for Water, Wastewater and Stormwater Infrastructure Projects - National League of Cities https://www.nlc.org/article/2021/06/01/using-american-rescue-plan-act-funds-for-water-wastewater-and-stormwater-infrastructure-projects/ 5/8 12/9/24, 2:14 PM Using American Rescue Plan Act Funds for Water, Wastewater and Stormwater Infrastructure Projects - National League of Cities https://www.nlc.org/article/2021/06/01/using-american-rescue-plan-act-funds-for-water-wastewater-and-stormwater-infrastructure-projects/ 6/8 12/9/24, 2:14 PM Using American Rescue Plan Act Funds for Water, Wastewater and Stormwater Infrastructure Projects - National League of Cities https://www.nlc.org/article/2021/06/01/using-american-rescue-plan-act-funds-for-water-wastewater-and-stormwater-infrastructure-projects/ 7/8 12/9/24, 2:14 PM Using American Rescue Plan Act Funds for Water, Wastewater and Stormwater Infrastructure Projects - National League of Cities https://www.nlc.org/article/2021/06/01/using-american-rescue-plan-act-funds-for-water-wastewater-and-stormwater-infrastructure-projects/ 8/8 ITEM 6

CITY OF HUNTINGTON PARK
Public Works Department
City Council Agenda Report

December 16, 2024
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:

CONSIDERATION AND APPROVAL OF AN INTERAGENCY AGREEMENT

BETWEEN THE CITY AND THE PUBLIC WORKS DEPARTMENT
IT IS RECOMMENDED THAT THE CITY COUNCIL:

1. Approve the Interagency Agreement between the City and Public Works Department; and

2. Authorize the City Manager and the Public Works Director to sign the agreement.

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
The American Rescue Plan Act (ARPA), enacted on March 11, 2021, aimed to provide financial relief in response to the economic impacts of COVID-19, addressing various sectors such as food supply chain security, supplemental nutrition assistance programs, education emergency relief, childcare, public health, and housing. Approximately $45.5 billion was allocated to metropolitan cities to mitigate the effects of the pandemic. This funding was distributed in two tranches, covering eligible costs incurred between March 3, 2021, and December 31, 2024.

On December 7, 2021, the City committed to receiving $27,952,355.00 in ARPA Funds from the Coronavirus State and Local Fiscal Recovery Fund (“SLFRF”). Subsequently, on February 15, 2022, the City Council approved an ARPA spending plan. This plan earmarked $2.4 million for guaranteed income for seniors, $4.8 million for pay stipends for In-Home Support Services and Nursing Home Workers, and $2 million to modernize information technology systems at City Hall.

On February 6, 2024 the City approved a spending plan for some of the remaining ARPA funds on Capital Improvement Projects. The plan included the 4 projects listed under the Revenue Loss plan. These projects will enhance and rehab City facilities upgrading

CONSIDERATION AND APPROVAL OF AMERICAN RESCUE PLAN ACT (ARPA)

SPENDING PLAN
December 16, 2024

Page 2 of 4 ends

communication & transparency, increase accessibility, and provide improved recreational facilities for City staff and residents. Currently, the City has utilized approximately $17.5 million of ARPA funds.

The U.S. Department of Treasury wrote the Final Rule for the SLFRF funds; it states that all SLFRF funds must be obligated by December 31, 2024, and spent by December 31, 2026. Obligated means “an order placed for property and services and entering into contracts, subawards, and similar transactions that require payment” also “a recipient is also considered to have incurred an obligation by December 31, 2024, with respect to satisfying a requirement under federal law or regulation or a provision of the SLFRF award terms and conditions to which the recipient becomes subject as a result of receiving or expending SLFRF funds.”
The proposed interagency agreement between the City and Public Works Department will ensure that the City’s remaining unspent balance of the SLFRF funds are obligated.

The agreement’s scope of work lays out projects that are part of the City’s ARPA spending plan and water infrastructure projects that address issues within the City’s water wells. All projects are eligible under the SLFRF Final Rule. This agreement satisfies the SLFRF Final Rule of obligating the funds but solidifies the projects meaning the City cannot change the projects listed below or change the scope of works for said projects. Attached is the Interagency Agreement and the Scope of Work for the Public Works Department to follow.

The projects are split into two groups, this group are the Revenue Loss Plan Projects:

1. Emergency Operation Center - $333,333.00
a. Securing matching funds for the Emergency Operations Center enhancing the City’s preparedness and response capabilities during unforeseen events.

2. Rehabilitation and Modernization of City Hall Council Chambers – $1,000,000.00 a. Upgrading audio and visual equipment for public meetings to improve communication, transparency, and engagement with the community.

3. Rehabilitation and Modernization of City Hall - $1,804,940.00 a. Renovating City Hall to improve overall functionality, efficiency, and accessibility for residents and city staff.

4. Rehabilitation and Modernization of Salt Lake Park Municipal Building - $2,211,667.00
a. Enhancing Salt Lake Park Municipal Building to serve the community better and provide improved recreational activities and events facilities.

The projects under the ARPA award plan are:

5. Water Well Projects - $1,035,740.50
a. Rehabilitation and upgrading of the City’s water wells to provide clean potable water to the residents.

6. Water Quality Green Streets Project on Salt Lake Ave - $1,500,000.00 a. Beautify the Salt Lake Corridor to improve pedestrian walkability and enhance traffic calming measures.

CONSIDERATION AND APPROVAL OF AMERICAN RESCUE PLAN ACT (ARPA)

SPENDING PLAN
December 16, 2024

Page 3 of 4 ends

For the Water Wells Projects, the American Rescue Plan Act provides fund to State, Local, and Tribal governments to make necessary investments in water and sewer infrastructure. The Interim Final Rule explains this to mean a broad range of projects that improve access to clean drinking water, improve wastewater and stormwater infrastructure systems. “Necessary investments include projects that are required to maintain a level of service that, at least, meets applicable health-based standards, taking into account resilience to climate change.” Notably, the “Interim Final Rule provides [State, Local, and Tribal] governments with wide latitude to identify investments in water and sewer infrastructure that are of the highest priority for their own communities, which may include projects on privately-owned infrastructure.” The Water Quality Green Streets Project is eligible under the SLFRF guidelines; this excerpt is taken from page 132 of the Final Rule, “The final rule includes enumerated eligible uses in disproportionately impacted communities for developing neighborhood features that promote improved health and safety outcomes, such as parks, green spaces, recreational facilities, sidewalks, pedestrian safety features like crosswalks, projects that increase access to healthy foods, streetlights neighborhood cleanup, and other projects to revitalize public spaces.”
The City is a disproportionately impacted community based on the CA hard-to-count index map along with the City’s census profile. Forty percent of the City’s population has income below 150 percent of the poverty level. The median household income is $57,013 vs the state median at $95,521. Nearly 40% of the adults who live in the City are not high-school graduates and only 8% have a bachelor’s degree or higher. The City has a 30% homeownership rate meaning 70% of the residents are renters. Based on these factors the City qualifies as a disproportionately impacted community.

FISCAL IMPACT/FINANCING
There is no anticipated negative financial impact on the City. The distribution of funds will comply with ARPA guidelines, contributing to essential capital improvement projects that benefit the community.

CONCLUSION
This proposal aligns with the ARPA's objectives, focusing on crucial capital improvements that enhance the City's infrastructure and public services. We recommend the City Council's approval of the interagency agreement.

CONSIDERATION AND APPROVAL OF AMERICAN RESCUE PLAN ACT (ARPA)

SPENDING PLAN
December 16, 2024

Page 4 of 4 ends

Respectfully submitted,

RICARDO REYES
City Manager

JEFF JONES
Director of Finance

ATTACHMENT(S)
A. Interagency Agreement with Exhibit A: Scope of Work
B. U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds Award Terms and Conditions
C. Using ARPA for Water, Wastewater and Stormwater Infrastructure Projects D. SLFRF Final Rule FAQ as of March 9,2024 pgs. 94-97
E. Final Rule pgs. 128-132
F. CA Hard-to-Count Index Census Map
G. US Census Bureau Map

INTERAGENCY AGREEMENT
This Interagency Agreement (“Agreement”) is made between the City of Huntington Park (“City”) and the Public Works Department (“Agency”).

WHEREAS, the 2021 American Rescue Plan Act (“ARPA”) provided $27,952,355 to the City from the Coronavirus State and Local Fiscal Recovery Fund (“SLFRF”); WHEREAS, the U.S. Department of Treasury is the federal agency that administers the SLFRF funding and has provided the City with the SLFRF funding conditional on the City complying with its rules and regulations;
WHEREAS, the City has established a process for City agencies and organizations external to the City to apply for SLFRF funding and recommends the Agency receive SLFRF funding for its Program as described in this Agreement;
WHEREAS, the City and the Agency wish to enter into this Agreement to memorialize each other’s responsibilities in regard to the SLFRF funding for the Program; and NOW, THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

A. PURPOSE
The City hereby agrees to provide SLFRF funding, in the amount set forth herein, to the Agency to facilitate the implementation of the Program set forth herein.

B. SCOPE OF PROGRAM
Agency shall implement the Program, including any milestones and deliverables, as described as:

EXHIBIT A: SCOPE OF WORK
C. TERM
The term of this Agreement shall begin on December 16, 2024 and end on December 31, 2026, unless terminated earlier in accordance with this Agreement.

D. FINANCIAL AND PERFORMANCE REQUIREMENTS

1. Funding. Subject to the availability of SLFRF funding, the City shall provide funds to the Agency for the Program, in an amount not to exceed seven million eight hundred eighty-five thousand six hundred eighty and fifty cents ($7,885,680.50) for the term. Any expenses/costs incurred by Agency in excess of this amount shall be the sole responsibility of Agency.

2. Budget. Agency agrees that all expenditures are to be in accordance with the approved budget for the term of this Agreement. The approved budget provided herein.

3. Payment. The City shall make SLFRF funding as specified in this Agreement available for use.

The SLFRF funding shall be used to provide the services described in this Agreement. Any SLFRF funding advanced to Department prior to the execution of this Agreement which is related to this Agreement is subject to the terms and conditions of this Agreement.

ATTACHMENT "A"

4. Reporting. The Agency agrees to provide supporting documents and corresponding reports as requested by the U.S. Department of the Treasury and the City to meet any reporting deadlines. The Agency shall adhere to the instructions and format, including specific forms required by the City and the U.S Department of Treasury for the SLFRF funding.

5. Audits. The Agency shall comply with all applicable provisions of the federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements (2 CFR 200) and the regulations and guidance propagated by the U.S. Department of the Treasury applicable to SLFRF funding. At any time during business hours and as often as the City may deem necessary, there shall be made available for examination, the Agency’s records with respect to matters covered by this Agreement. The Agency shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, records of personnel, conditions of employment and other data relating to matters covered by this Agreement.

6. Records. The Agency shall retain records related to this Agreement for a period of five (5) years after all funds have been expended or returned to the U.S. Department of Treasury, whichever is later.

E. CORRECTIVE ACTION AND TERMINATION

1. Corrective Action. Upon written notice, the City may require the Agency to take corrective action so the Agency is in compliance with federal, state, or local laws, regulations, or rules related to the SLFRF funding for the Program. Corrective action may be required for but is not limited to instances in which the Agency: (a) fails to file a report, (b) fails to meet performance standards, (c) fails to meet milestones or timelines, or (d) misuses funds. The City may require corrective action of the Agency, including but not be limited to: (a) a written warning, (b) additional technical assistance, (c) additional monitoring, (d) Program suspension, and (e) reduction/repayment of funding.

2. Termination. Either party may terminate this Agreement by giving to the other party written notification prior to termination. Upon termination, the parties hereto agree that all reports and supporting documentation required for services rendered pursuant to this Agreement shall be provided to the City forthwith. Any funds advanced to the Agency for services not yet rendered shall be returned to the City immediately.

F. MODIFICATIONS AND AMENDMENTS
The Agency may submit a written request to the City asking for (i) an extension to the term of this Agreement; and/or (ii) a budget reallocation not to exceed twenty-five (25) percent of the SLFRF funding.

The request should include an explanation for why an extension and/or Program budget reallocation is needed and be provided to the City at least sixty (60) days prior to the expiration date of this Agreement.

The request must include all required documentation to justify the need for an extension and/or reallocation. The City will approve or deny the request in writing. The Agency may not expend the SLFRF funding under a reallocated Program budget until such time they have received written approval from the City. Any additional funds or other modifications may be added to this Agreement by written Amendment setting forth the modifications/ amendments signed by the parties and approved by the City, if applicable.

IN WITNESS WHEREOF, the parties hereto agreement to terms of this Agreement as of the date and year first written below.

FOR THE CITY FOR THE AGENCY
Signature Signature
Ricardo Reyes Gerardo Lopez
Print Name Print Name
City Manager Public Works Director
Title Title
Date Date
Exhibit A: Scope of Work
ARPA SLFRF Projects
The Public Works Department assumes responsibility to carry out these outlined projects and ensures all procured materials, property, or services are in accordance with federal laws, rules, and regulations. The Public Works Department will also assume responsibility for ensuring each project’s scope of work is not modified from what is stated below and all deliverables are met in a timely manner.

1. Project: Emergency Operations Center Matching Funds
Project Entail:
 Securing matching funds for the Emergency Operations Center enhancing the City’s preparedness and response capabilities during emergencies and unforeseen events.

Project Deliverables & Milestones:
 Architecture report completed by Infrastructure Architects (Arch). Includes design of EOC: interior & exterior upgrades, updating mechanical, electrical, and plumbing of the PD Annex building.  Use the plans, specifications, and engineer’s estimate to draft RFP or NIB for the construction work related to the rehabilitation of the building.
 RFP or NIB for Construction Services
o Award contract to a qualified contractor.
 Construction of EOC
o Change orders or Amendments to construction contract may occur but may not go over 25% of contract amount
 Construction Ends
o File Notice of Completion (N.O.C.)
o Retention/Final payment sent to contractor
Personnel:
 Director of Public Works, Chief of Police, Principal Engineer Project Budget: $333,333.00

2. Project: Rehabilitation and Modernization of City Hall Council Chambers Project Entail
 Upgrading audio and visual equipment for public meetings to improve communication, transparency, and engagement with the community.

Project Deliverables & Milestones:
 New Recording Equipment/Devices
 RFP or RFQ for Architecture services
o Award contract to a qualified engineering firm.
o Receive Architecture Report with Plans, Specifications, & Estimate o Use the plans, specifications, and estimate to draft RFP or NIB for the construction work related to the rehabilitation of the Chambers.
 RFP or NIB for Construction services
o Award contract to a qualified contractor.
 Construction begins
o Change orders or Amendments to construction contract may occur but may not go over 25% of contract amount
 Construction completed
o Filed Notice of Completion (N.O.C.)
Personnel:
 Director of Public Works, City Manager, Principal Engineer Project Budget: $1,000,000.00

3. Project: Rehabilitation and Modernization of City Hall Project Entail:
 Renovating City Hall to improve overall functionality, efficiency, and accessibility for residents and city staff.

Project Deliverables & Milestones:
 Architecture Report from We Architects
o Receive Architecture Report with Plans, Specifications, & Estimate o Use the plans, specifications, and estimate to draft RFP or NIB for the construction work related to the rehabilitation of the building.
 RFP or NIB for Construction services
o Award contract to a qualified contractor.
 Construction begins
o Progress payments made to contractor
o Change orders or Amendments to construction contract may occur but may not go over 25% of contract amount
 Construction Ends
o File Notice of Completion (N.O.C.)
o Retention/Final payment sent to contractor
Personnel:
 Director of Public Works, City Manager, Principal Engineer Project Budget: $1,804,940.00

4. Project Name: Rehabilitation and Modernization of Salt Lake Park Municipal Building Project Entail: Enhancing Salt Lake Park Municipal Building to serve the community better and provide improved recreational activities and events facilities.

Project Deliverables & Milestones:
 Receive Architecture Report from Infrastructure Architects (Arch). with Plans, Specifications, & Estimate
o Use the plans, specifications, and estimate to draft RFP or NIB for the construction work related to the rehabilitation of the building.
 RFP or NIB for Construction services
o Award contract to a qualified contractor.
 Construction begins
o Progress payments made to contractor
o Change orders or Amendments to construction contract may occur but may not go over 25% of contract amount
 Construction Ends
o File Notice of Completion (N.O.C.)
o Retention/Final payment sent to contractor
Personnel:
 Director of Public Works, Director of Parks & Recreation, Principal Engineer Budget: $2,211,667.00

5. Project Name: Water Well & Reservoir 14
Project Entail:
 Rehabilitation of Well 14
 Reservoir 14 Assessment, Maintenance/Repairs, and Wash Down & Disinfection Project Deliverables & Milestones:
 Rehabilitation of production Well 14 in accordance with California AWWA standards.  Rehabilitation will aim to maximize allotted water production from the facility to lessen overall dependency on imported water supplies.
 Assess existing condition of water storage tank located at Well Site 14  Perform Maintenance and Repairs to storage facility in accordance with California AWWA standards
 Work shall be coordinated in conjunction with the completion of Well 14 rehabilitation efforts  Change orders or Amendments can occur but may not go over 25% of project budget amount Personnel:
 Director of Public Works, Project Manager from Inframark, Principal Engineer Project Budget: $210,000.00

6. Project Name: Rehabilitation of Reservoir 16
Project Entail:
 Rehabilitation of Reservoir 16
Project Deliverables & Milestones:
 Rehabilitation of Reservoir 16 in accordance with California AWWA standards  Project will bring storage tank up to existing standards and provide additional water storage supplies for distribution and emergency services.
 Change orders or Amendments can occur but may not go over 25% of project budget amount Personnel:
 Director of Public Works and Project Manager from Inframark, Principal Engineer Project Budget: $825,740.50

7. Project Name: Water Quality Green Streets Project – Salt Lake Ave (CIP 2022-12) Project Entail:
 Beautify the Salt Lake Corridor to improve pedestrian walkability and enhance traffic calming measures.

Project Deliverables & Milestones:
 Plans, Specifications, & Estimate report completed by Infrastructure Engineers o Use the plans, specifications, and estimate to draft RFP or NIB for the construction work related to the rehabilitation of the building.
 RFP or NIB for Construction services
o Award contract to a qualified contractor.
 Construction begins
o Progress payments made to contractor
o Change orders or Amendments to construction contract may occur but may not go over 25% of contract amount
 Construction Ends
o File Notice of Completion (N.O.C.)
o Retention/Final payment sent to contractor
Personnel:
 Director of Public Works, Principal Engineer
Project Budget: $1,500,000.00
Project Budgets & Change Order Amounts

1. Project Name: Emergency Operations Center Matching Funds Project Budget 333,333.00 Maximum Budget Reallocation for Change Orders (25%) 83,333.25 2. Project Name: Rehabilitation and Modernization of City Hall Council Chambers Project Budget 1,000,000.00 Maximum Budget Reallocation for Change Orders (25%) 250,000.00 3. Project Name: Rehabilitation and Modernization of City Hall Project Budget 1,804,940.00 Maximum Budget Reallocation for Change Orders (25%) 500,000.00 4. Project Name: Rehabilitation and Modernization of Salt Lake Park Municipal Building Project Budget 2,211,667.00 Maximum Budget Reallocation for Change Orders (25%) 552,916.75 5. Project Name: Water Well & Reservoir 14 Project Budget 210,000.00 Maximum Budget Reallocation for Change Orders (25%) 52,500.00 6. Project Name: Rehabilitation of Reservoir 16 Project Budget 825,740.50 Maximum Budget Reallocation for Change Orders (25%) 206,435.13

7. Project Name: Water Quality Greenstreets Project - Salt Lake Ave (CIP 2022-12) Project Budget 1,500,000.00 Maximum Budget Reallocation for Change Orders (25%) 375,000.00 Note: If change orders must be done, budget must be reallocated from other projects and the change order must not exceed 25% of the SLFRF funding allocated.

If a change order is necessary projects budgeted under the ARPA Award Plan can only have their budget reallocated to other projects under ARPA Award Plan.

ARPA Revenue Loss Plan
ARPA Award Plan
Note: If change orders must be done, budget must be reallocated from other projects and the change order must not exceed 25% of the SLFRF funding allocated.

If a change order is necessary projects budgeted under the ARPA Revenue Loss Plan can only have their budget reallocated to other projects under ARPA Revenue Loss.

ATTACHMENT “B”

ATTACHMENT “C”
12/9/24, 2:14 PM Using American Rescue Plan Act Funds for Water, Wastewater and Stormwater Infrastructure Projects - National League of Cities https://www.nlc.org/article/2021/06/01/using-american-rescue-plan-act-funds-for-water-wastewater-and-stormwater-infrastructure-projects/ 1/8 12/9/24, 2:14 PM Using American Rescue Plan Act Funds for Water, Wastewater and Stormwater Infrastructure Projects - National League of Cities https://www.nlc.org/article/2021/06/01/using-american-rescue-plan-act-funds-for-water-wastewater-and-stormwater-infrastructure-projects/ 2/8 12/9/24, 2:14 PM Using American Rescue Plan Act Funds for Water, Wastewater and Stormwater Infrastructure Projects - National League of Cities https://www.nlc.org/article/2021/06/01/using-american-rescue-plan-act-funds-for-water-wastewater-and-stormwater-infrastructure-projects/ 3/8 12/9/24, 2:14 PM Using American Rescue Plan Act Funds for Water, Wastewater and Stormwater Infrastructure Projects - National League of Cities https://www.nlc.org/article/2021/06/01/using-american-rescue-plan-act-funds-for-water-wastewater-and-stormwater-infrastructure-projects/ 4/8 12/9/24, 2:14 PM Using American Rescue Plan Act Funds for Water, Wastewater and Stormwater Infrastructure Projects - National League of Cities https://www.nlc.org/article/2021/06/01/using-american-rescue-plan-act-funds-for-water-wastewater-and-stormwater-infrastructure-projects/ 5/8 12/9/24, 2:14 PM Using American Rescue Plan Act Funds for Water, Wastewater and Stormwater Infrastructure Projects - National League of Cities https://www.nlc.org/article/2021/06/01/using-american-rescue-plan-act-funds-for-water-wastewater-and-stormwater-infrastructure-projects/ 6/8 12/9/24, 2:14 PM Using American Rescue Plan Act Funds for Water, Wastewater and Stormwater Infrastructure Projects - National League of Cities https://www.nlc.org/article/2021/06/01/using-american-rescue-plan-act-funds-for-water-wastewater-and-stormwater-infrastructure-projects/ 7/8 12/9/24, 2:14 PM Using American Rescue Plan Act Funds for Water, Wastewater and Stormwater Infrastructure Projects - National League of Cities https://www.nlc.org/article/2021/06/01/using-american-rescue-plan-act-funds-for-water-wastewater-and-stormwater-infrastructure-projects/ 8/8 ATTACHMENT “D”
94 For a summary of Title I projects program requirements, see pages 17-18 of the Overview of the 2023 Interim Final Rule.

17. Obligation

17.1. How does a recipient incur an obligation?
The statute requires that SLFRF funds may only be used to cover costs incurred by December 31, 2024. Treasury implemented this requirement by providing that a cost is considered incurred by December 31, 2024, if a recipient has incurred an obligation with respect to the cost by December 31, 2024. Under the rule adopted in 2021, an “obligation” means an order placed for property and services and entering into contracts, subawards, and similar transactions that require payment. Under the amendment to the rule adopted in 2023, an obligation also includes a requirement under federal law or regulation or provision of the SLFRF award terms and conditions to which a recipient becomes subject as a result of receiving or expending SLFRF funds.

As clarified in FAQ 17.6, Treasury considers an interagency agreement meeting certain conditions to constitute a transaction requiring payment similar to a contract or subaward and therefore an obligation. As clarified in FAQ 17.7, recipients may consider themselves to have obligated funds to maintain certain personnel costs for personnel whose salary may be paid under an eligible use of SLFRF funds through December 31, 2026, for any position that existed and was filled by December 31, 2024.10

17.2. What happens to funds not obligated by December 31, 2024? Recipients are required to return to Treasury any SLFRF funds that have not been obligated by the obligation deadline of December 31, 2024. Recipients will report funds that were obligated by December 31, 2024, in the Project and Expenditure Report that, in the case of annual reporters, is due by April 30, 2025, and, in the case of quarterly reporters, is due by January 31, 2025. However, recipients are not required to return to Treasury SLFRF funds that recipients have estimated will cover costs in 2025 and 2026 for certain legal and administrative expenses (as discussed in FAQs 17.10-13), certain personnel expenses (as discussed in FAQs 17.7 and 17.8), or certain contract changes or contingencies (as discussed in FAQ 17.17). As noted in the obligation IFR, Treasury will provide a deadline by which recipients must return funds not obligated by December 31, 2024. 10 To the extent a recipient is using SLFRF funds for payroll costs eligible as Title I projects or Surface Transportation projects, other than payroll associated with personnel needed to comply with administrative and other legal requirements, recipients may consider themselves to have obligated funds to maintain paying such costs through September 30, 2026.
95 17.3. How does the Obligation IFR impact recipients that have already obligated all of their SLFRF funds?
The Obligation IFR and subsequently issued FAQs provide additional clarity and flexibility regarding how recipients can meet the obligation deadline of December 31, 2024. If a recipient has already obligated all of its funds in compliance with Treasury’s rule and guidance, the recipient does not need to make any changes or take any additional steps to comply with the obligation deadline. Recipients are required to continue to submit reports to Treasury as outlined in the SLFRF Compliance and Reporting Guidance. Treasury will provide closeout instructions that will provide information to recipients on how to complete and provide final reports.

17.4. How is the obligation requirement applied to non-entitlement units of local government (NEUs)?
NEUs are recipients of SLFRF funds. All recipients of SLFRF funds, including NEUs, must comply with the obligation requirement.

17.5. What types of closeout costs are allowable after December 31, 2026, and how will recipients report these obligations and expenditures to Treasury? Consistent with the revision to the definition of obligation in the Obligation IFR, recipients are considered to have incurred an obligation by December 31, 2024, with respect to costs to close out their SLFRF award pursuant to 2 CFR 200.344, the provision of the Uniform Guidance addressing closeout. Eligible costs may include the costs of administrative support, data security measures, review and reconciliation of the general ledger and other accounting matters, compliance with reporting requirements, bank reconciliation matters, preparation of and compliance with program policies and procedures, compliance with internal controls, single audit and program-specific audit matters, and closeout processes associated with subrecipient, contractor, and beneficiary relationships, among other costs.

Recipients that provide an estimate of certain legal and administrative costs as discussed in FAQs 17.10-17.13 should include their estimate of closeout costs in such estimate.

17.6. Does an interagency agreement between departments and agencies within a recipient’s government constitute an obligation?
Treasury considers an interagency agreement, including an agreement in the form of a memorandum of understanding (MOU), to constitute a “transaction requiring payment” similar to a contract or subaward and therefore an obligation for purposes of the SLFRF rule, if the agreement satisfies one of the following conditions:
• it imposes conditions on the use of funds by the agency, department, or part of government receiving funds to carry out the program;
• it governs the provision of funds from one agency, department, or part of government to another to carry out an eligible use of SLFRF funds; or 96 • it governs the procurement of goods or services by one agency, department, or part of government from another
and the agreement also satisfies each of the following conditions:
• it sets forth specific requirements, such as a scope of work and project deliverables; • it is signed by the parties to the agreement, or otherwise evidences that each party has assented to the agreement; and
• it does not disclaim any binding effect or state that it does not create rights or obligations.

Examples of interagency agreements Treasury would consider obligations include the following:
• If the Office of the Governor of a state has authority over the disposition of federal financial assistance available to the state, an MOU between the Office of the Governor and the state department of education pursuant to which the Governor agrees to fund the department to carry out a summer program to address learning loss related to the pandemic through 2026, including the coverage of payroll for time spent on the program.
• If a city council has appropriated a certain amount of funds for a public safety initiative to be administered by the city’s executive branch through fiscal year 2025, an agreement between the city’s Chief Executive and the city’s public safety department under which the department agrees to comply with reporting and recordkeeping requirements that facilitate the city’s compliance with SLFRF program requirements.
• If a county’s legislative body has made SLFRF revenue loss funds available to their housing agency for coverage of its operating costs through fiscal year 2026, an agreement with the county’s department of technology under which the housing agency procures IT services from the county’s department of technology. • If a Tribal council has made SLFRF funds available to the social services department to cover the operational costs of an elder care program through December 31, 2026, an agreement with the department under which the social services department agrees to perform and complete in a satisfactory and proper manner the scope of work specified in accordance with the SLFRF award terms and conditions.

17.7. May a recipient use SLFRF funds to cover personnel costs between January 1, 2025, and December 31, 2026?
Treasury will consider a recipient to have incurred an obligation with respect to personnel costs for an employee through December 31, 2026, to the extent the employee is serving in a position that was established and filled prior to December 31, 2024.

Accordingly, funds may be used to cover such personnel costs if doing so would fall within 97 the scope of an eligible use of SLFRF, such as payroll costs for state employees overseeing contracts for broadband projects or county employees overseeing affordable housing projects.

Personnel costs for this purpose include all salary and wages, covered benefits, 11 and payroll taxes for such positions, as in effect at the time of payment.

In the event of turnover of personnel, recipients may continue to pay different personnel in the same job position to the extent that the position in question was established and filled prior to December 31, 2024. Recipients may also reorganize positions within the scope of an eligible use of SLFRF after December 31, 2024, but may not use funds to cover any new positions after that date. For example, if an eligible project has filled ten job training specialist positions by December 31, 2024, the recipient may use funds to cover payroll for one of those training specialists who is promoted to supervise the other specialists after December 31, 2024, so long as there are no more than ten positions covered through SLFRF funds in total.

Recipients may estimate the amount that may be necessary to cover personnel costs through the expenditure period, report that estimate to Treasury, and retain those funds to pay personnel costs covered by the estimate, as discussed further in FAQ 17.8.

17.8. How and when should recipients report to Treasury their estimate of the amount of SLFRF funds they will use to cover personnel costs between January 1, 2025, and December 31, 2026?
As described in FAQ 17.7, Treasury will consider a recipient to have incurred an obligation with respect to personnel costs for an employee through December 31, 2026, to the extent the employee is serving in a position that was established and filled prior to December 31, 2024.

If a recipient elects to provide an estimate for such personnel costs, recipients must (1) determine the amount of SLFRF funds the recipient estimates it will use to cover such costs, (2) document a reasonable justification for this estimate, (3) report that amount to Treasury by January 31, 2025, for quarterly reporters, and April 30, 2025, for annual reporters, with an explanation of how the amount was determined, and (4) report at award closeout the final amount expended for these costs. Treasury recognizes that this estimate of anticipated personnel costs may not equal the final amount of funds used to cover personnel costs. For example, a recipient may have a vacancy for a period of time after an employee resigns but before the recipient hires a replacement, or a change in the recipient’s laws and regulations may require an unanticipated salary increase for personnel. Recipients 11 As described in the 2022 final rule, generally if an employee’s wages and salaries are an eligible use of SLFRF funds, recipients may treat the employee’s covered benefits as an eligible use of SLFRF funds. For purposes of SLFRF funds, covered benefits include costs of all types of leave (vacation, family-related, sick, military, bereavement, sabbatical, jury duty), employee insurance (health, life, dental, vision), retirement (pensions, 401(k)), unemployment benefit plans (federal and state), workers compensation insurance, and Federal Insurance Contributions Act (FICA) taxes (which includes Social Security and Medicare taxes).

ATTACHMENT “E”
128
quality medical care in reducing health disparities and addressing the root causes that led to disproportionate impact COVID-19 health impacts in certain communities, the final rule recognizes that medical equipment and facilities designed to address disparities in public health outcomes are eligible capital expenditures. This includes primary care clinics, hospitals, or integrations of health services into other settings. Recipients should make sure that all capital expenditures adhere to the standards and presumptions detailed in section Capital Expenditures in General Provisions: Other.

2. Housing vouchers and assistance relocating. In addition to other housing services, the interim final rule permitted a variety of rental assistance approaches to support low-income households in securing stable, long-term housing, including housing vouchers, residential counseling, or housing navigation assistance to facilitate household moves to neighborhoods with high levels of economic opportunity and mobility for low-income residents. Examples could include SLFRF-funded analogues to Section 8 Housing Choice vouchers; other kinds of rent subsidies, including shallow subsidies; and programs to help residents move to areas with higher levels of economic mobility.189 Treasury did not receive public comments on these enumerated eligible uses.

Treasury Response: Treasury maintains the eligibility of vouchers and relocation assistance in the final rule.

3. Building strong, healthy communities through investments in neighborhoods. While the interim final rule included a category of enumerated eligible uses for “building stronger 189 See, e.g., Opportunity Insights, Creating Moves To Opportunity (August 2019), https://opportunityinsights.org/policy/cmto/.
129
communities through investments in housing and neighborhoods,” the examples of services provided generally focused on housing uses. In response to questions following release of the interim final rule, Treasury issued further guidance clarifying that “investments in parks, public plazas, and other public outdoor recreation spaces may be responsive to the needs of disproportionately impacted communities by promoting healthier living environments.” Public Comment: General: A significant theme across many public comments was the importance of neighborhood environment to health and economic outcomes and the potential connections between residence in an underserved neighborhood and disproportionate impacts from the pandemic. Many commenters highlighted the connection between neighborhoods and health outcomes, including citing public health research linking neighborhood traits to health outcomes. For example, the CDC states that “neighborhoods people live in have a major impact on their health and well-being.”190 As such, CDC identifies “neighborhoods and built environment” as one of five key social determinants of health191 and includes “creat[ing] neighborhoods and environments that promote health and safety” as one of the agency’s goals for social determinants of health outcomes.
a. Neighborhood features that promote improved health and safety outcomes.

Public Comment: Commenters argued that neighborhoods impact physical health outcomes in several ways. First, some commenters reasoned that the physical environment and 190 U.S. Department of Health and Human Services, Neighborhood and Built Environment, https://health.gov/healthypeople/objectives-and-data/browse-objectives/neighborhood-and-built-environment#cit1 (last visited November 9, 2021).
191 Social determinants of health are “the conditions in the places where people live, learn, work, and play that affect a wide range of health risks and outcomes.” Centers for Disease Control and Prevention, About Social Determinants of Health (SDOH), https://www.cdc.gov/socialdeterminants/about.html (last visited November 9, 2021). 130
amenities in a community192 influence a person’s level of physical activity, with features like parks, recreation facilities, and safe sidewalks promoting increased physical activity that improves health outcomes. Conversely, commenters argued that a lack of these features in a neighborhood could dampen physical activity and contribute to health conditions like obesity that are risk factors for more severe COVID-19 health outcomes.

Second, some commenters also suggested that access to healthy food in a neighborhood impacts health outcomes. These commenters reasoned that lacking adequate access to affordable, healthy food or living in a “food desert” may contribute to disparities in diet that influence health outcomes, including contributing to pre-existing conditions that increased risk for severe COVID-19 outcomes. These commenters cited public health research finding “clear evidence for disparities in food access in the United States by income and race.”193 Some commenters also suggested that neighborhood environment is connected to other public health outcomes, like mental health and public safety. For example, some research suggests that living in neighborhoods with green space and tree cover correlates with improved mental health outcomes.194 Finally, some commenters argued that activities like installing 192 In public health, this is referred to as “built environment,” or the man-made physical aspects of a community (e.g., homes, buildings, streets, open spaces, and infrastructure). 193 J Beaulac, E Kristjansson, S Cummins, A systematic review of food deserts, 1966-2007, Prev Chronic Dis 2009;6(3):A105, http://www.cdc.gov/pcd/issues/2009/jul/08_0163.htm. 194 See, e.g., Yijun Zhang et al. The Association between Green Space and Adolescents' Mental Well-Being: A Systematic Review. International journal of environmental research and public health vol. 17,18 6640 (Sep. 11 2020), doi:10.3390/ijerph17186640; EC South, BC Hohl, MC Kondo, JM MacDonald, CC Branas, Effect of Greening Vacant Land on Mental Health of Community-Dwelling Adults: A Cluster Randomized Trial, JAMA Netw Open. 2018;1(3):e180298 (2018), available at: doi:10.1001/jamanetworkopen.2018.0298. 131
streetlights, greening or cleanup of public spaces or land, and other efforts to revitalize public spaces would support improved public safety.195,196
These commenters recommended that Treasury include as an enumerated eligible use in disproportionately impacted communities projects to develop neighborhood features that promote improved health and safety outcomes, such as parks, green spaces, recreational facilities, sidewalks, pedestrian safety features like crosswalks, projects that increase access to healthy foods, streetlights, neighborhood cleanup, and other projects to revitalize public spaces.

Background: Investments in neighborhood features, including parks, recreation facilities, sidewalks, and healthy food access, can work to improve physical and mental health outcomes.

Allowing people access to nature, including parks, has been connected to decreased levels of mortality and illness and increased well-being.197 Urban park use during the COVID-19 pandemic may have declined among lower-income individuals.198 Encouraging physical activity can also play a role in health outcomes, as a sedentary lifestyle is a risk factor for chronic diseases and more severe COVID-19 outcomes.199 Parks, recreation facilities, and sidewalks can promote healthier living environments by allowing for safe and socially distanced recreation during the COVID-19 pandemic.
195 See, e.g., Yanqing Xu, Cong Fu, Eugene Kennedy, Shanhe Jiang, Samuel Owusu-Agyemang, The impact of street lights on spatial-temporal patterns of crime in Detroit, Michigan, Cities, Volume 79, Pages 45- 52, ISSN 0264-2751 (2018), https://doi.org/10.1016/j.cities.2018.02.021. 196 A. Chalfin, B. Hansen, J. Lerner et al., Reducing Crime Through Environmental Design: Evidence from a Randomized Experiment of Street Lighting in New York City, Journal of Quantitative Criminology (2021), https://doi.org/10.1007/s10940-020-09490-6.
197 See, e.g., American Public Health Association, Improving Health and Wellness through Access to Nature (November 5, 2013), https://www.apha.org/policies-and-advocacy/public-health-policy-statements/policydatabase/2014/07/08/09/18/improving-health-and-wellness-through-access-to-nature. 198 LR Larson et al., Urban Park Use During the COVID-19 Pandemic: Are Socially Vulnerable Communities Disproportionately Impacted?, Front. Sustain. Cities 3:710243 (2021), https://doi.org/10.3389/frsc.2021.710243. 199 JP Després, Severe COVID-19 outcomes — the role of physical activity. Nat Rev Endocrinol 17, 451–452 (2021). https://doi.org/10.1038/s41574-021-00521-1.
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Additionally, food insecurity rates, which are higher among lower-income households and households of color, doubled among all households and tripled among households with children during the onset of COVID-19 from February 2020 to May 2020.200 Improving healthy food access supports public health, particularly among lower-income households and households of color that face disproportionate outcomes.

Treasury Response: Treasury recognizes the connection between neighborhood built environment and physical health outcomes as discussed in the research and analysis provided by commenters, including risk factors that may have contributed to disproportionate COVID-19 health impacts in low-income communities. The final rule also recognizes that the public health impacts of the pandemic are broader than just the COVID-19 disease itself and include substantial impacts on mental health and public safety challenges like rates of violent crime, which are correlated with a neighborhood’s built environment and features. As such, neighborhood features that promote improved health and safety outcomes respond to the preexisting disparities that contributed to COVID-19’s disproportionate impacts on low-income communities.

The final rule includes enumerated eligible uses in disproportionately impacted communities for developing neighborhood features that promote improved health and safety outcomes, such as parks, green spaces, recreational facilities, sidewalks, pedestrian safety features like crosswalks,201 projects that increase access to healthy foods, streetlights, 200 Caroline George and Adie Tomer, Beyond ‘food deserts’: America needs a new approach to mapping food, Brookings Institution (August 17, 2021), https://www.brookings.edu/research/beyond-food-deserts-america-needs-anew-approach-to-mapping-food-insecurity/. 201 However, Treasury cautions recipients that general infrastructure development, including street or road construction, remains a generally ineligible use of funds under the final rule. Sidewalks and pedestrian safety should be the predominant component of uses of funds in this category. While projects may include ancillary construction needed to execute the predominant component, a project that predominantly involves street construction or repair to benefit vehicular traffic would be ineligible.
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neighborhood cleanup, and other projects to revitalize public spaces. Recipients seeking to use funds for capital expenditures should refer to the section Capital Expenditures in General Provisions: Other, which describes additional eligibility standards that apply to uses of funds for capital expenditures.
b. Vacant or abandoned properties. As discussed above, the interim final rule included enumerated eligible uses for building stronger communities through investments in housing and neighborhoods in disproportionately impacted communities. The interim final rule also posed a question of whether other potential uses in this category, specifically “rehabilitation of blighted properties or demolition of abandoned or vacant properties,” address the public health or economic impacts of the pandemic.

Public Comment: Several commenters argued that programs or services to address vacant or abandoned property would respond to the public health and negative economic impacts of the pandemic in disproportionately impacted communities. Some commenters cited research suggesting that living near such property is correlated with worse physical health and mental health outcomes, noted that such properties pose an environmental hazard, or argued that such properties present a barrier to economic recovery. These commenters suggested that renovation or demolition of vacant or abandoned property could benefit community health and raise property values. Other commenters recommended that Treasury include an enumerated eligible use for the operation of land banks that redevelop or renew vacant properties and land.

Treasury Response: As noted throughout the final rule, the pandemic underscored the importance of safe, affordable housing and healthy neighborhood environments to public health and economic outcomes. Treasury agrees with commenters that high rates of vacant or ATTACHMENT “F”

ATTACHMENT “G”
12/5/24, 3:16 PM ZCTA5 90255 - Census Bureau Profile
https://data.census.gov/profile/ZCTA5_90255?g=860XX00US90255#families-and-living-arrangements 1/4 12/5/24, 3:16 PM ZCTA5 90255 - Census Bureau Profile
https://data.census.gov/profile/ZCTA5_90255?g=860XX00US90255#families-and-living-arrangements 2/4 12/5/24, 3:16 PM ZCTA5 90255 - Census Bureau Profile
https://data.census.gov/profile/ZCTA5_90255?g=860XX00US90255#families-and-living-arrangements 3/4 12/5/24, 3:16 PM ZCTA5 90255 - Census Bureau Profile
https://data.census.gov/profile/ZCTA5_90255?g=860XX00US90255#families-and-living-arrangements 4/4 ITEM 7

CITY OF HUNTINGTON PARK
Police Department
City Council Agenda Report
December 16, 2024
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:

DISCUSSION AND/OR POSSIBLE ACTION ON A COMPREHENSIVE ASSESSMENT

REGARDING THE IMPLEMENTATION OF POLICE BODY-WORN CAMERA

PROGRAM
IT IS RECOMMENDED THE CITY COUNCIL:

1. Receive and File the report regarding the comprehensive assessment of a Police Body-Worn Camera (BWC) Program; or

2. Direct staff to establish a multidisciplinary workgroup consisting of representatives from Administration, Police Administration, the Police Officers’ Association, City Clerk’s Office, Human Resources, Information Technology, Finance, and other relevant stakeholders. The workgroup will evaluate the feasibility, operational considerations, and financial impacts of implementing a BWC program and develop a detailed proposal, including recommendations for Council’s consideration, to be presented within 60 days; or

3. Authorize staff to initiate procurement and preparation for the implementation of a Police Body-Worn Camera Program, with the goal of deploying the program at the start of the 2025-2026 fiscal year, contingent upon Council’s final approval of the implementation plan and associated budgetary allocations.

BACKGROUND
The Huntington Park Police Department remains committed to leveraging advanced technologies to enhance public safety and improve the quality of police services.

Currently, Automatic License Plate Reader (ALPR) cameras are deployed at several fixed locations throughout the city, with plans to expand coverage to additional locations by the end of the fiscal year.

DISCUSSION AND/OR POSSIBLE ACTION ON A COMPREHENSIVE ASSESSMENT

REGARDING THE IMPLEMENTATION OF POLICE BODY-WORN CAMERA

PROGRAM
December 16, 2024

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In addition, Council has recently awarded a contract for the implementation of a comprehensive city-wide video surveillance and security access door system. These technological advancements have already contributed to solving crimes and will continue to enhance the safety and security of Huntington Park, benefiting residents, businesses, and visitors alike.

Aligned with this commitment to innovation, the City Council has recently requested an evaluation of body-worn camera systems to determine their potential to further enhance police services.

DISCUSSION
A Body-Worn Camera (BWC) is a device that is worn by an officer in order to record his or her official interactions with the public. There are numerous different manufacturers and variations of these cameras available on the market including those that are clipped on clothing, worn as an earpiece, on a headband harness, or attached to glasses. A critical component of these cameras is how the video is downloaded and whether it can be altered or modified. Full implementation of body-cameras will generate a tremendous amount of video that needs to be stored, accessed, and managed securely by authorized personnel only.

Although this technology is not state mandated, its impact on policing has already demonstrated to be rather profound. Throughout the country, the use of body-worn cameras in policing is a focus of discussion and debate. The proponents of body-worn cameras argue that this technology will bring about accountability and transparency in policing. Some of the first law enforcement agencies to adopt body-worn cameras have reported a positive impact on behavior, noting that the presence of these cameras tends to improve interactions between community members and police officers. There have been studies that have documented substantial decreases in personnel complaints and use-of-force incidents in agencies that have implemented body-worn camera programs.

Often, these camera recordings provide irrefutable evidence for prosecutors to use at trial.

On the other hand, body-worn cameras raise many privacy concerns caused by their placement and mobility. BWCs can simultaneously record both audio and video and capture close-up images that allow for the potential use of facial recognition technology.

Due to the fluidity of law enforcement work, BWCs record more than public space stationary cameras. Officers could potentially record inside private residences and other non-public areas such as backyard activities, hotel rooms, hospital rooms, and film sensitive situations such as restrooms that might emerge during calls for service.

Significant privacy concerns can also arise when interviewing crime victims, particularly in situations involving rape, abuse, or other sensitive matters. When implementing BWCs, law enforcement agencies must balance these privacy considerations with the need for transparency of police operations, accurate documentation of events, and evidence

DISCUSSION AND/OR POSSIBLE ACTION ON A COMPREHENSIVE ASSESSMENT

REGARDING THE IMPLEMENTATION OF POLICE BODY-WORN CAMERA

PROGRAM
December 16, 2024

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collection. Research has shown that law enforcement agencies have taken many different approaches to address privacy concerns.

BWCs can also create privacy concerns for police officers, and law enforcement circles have not universally accepted the technology. In fact, police unions in several cities have claimed that the cameras represent a change in working conditions that must be negotiated.

California is a two-party consent state, which means that when a person makes an audio recording of a conversation, all parties involved in the conversation must consent. Failure to gain consent from all parties involved may be a crime. The U.S. Supreme Court has ruled that law enforcement officers may generally record whatever they can lawfully see and hear, without violating the Fourth Amendment. Thus, most recordings from body cameras are permitted and are considered a public record.

It is a fair assumption that many people who live in, work in, and visit Huntington Park will have privacy concerns about being recorded on video. BWCs will undoubtedly capture these individuals during moments of stress, anxiety, or embarrassment where they would not want the subsequent video recordings released to third parties, bloggers or the media.

BWC videos are presumed to be public records and will need to be made available, upon request, pursuant to the provisions of Government Code § 7920.000, et seq., (“California Public Records Act”). Under the Public Records Act, and most recently, case law addressing police use of video recording devices, body-camera video footage may be subject to disclosure to any requesting person, unless the footage relates to a complaint or investigation conducted by the police department or is subject to some other exemption.

If a body-camera program were to be fully implemented by the city in the future, the police department would need the resources to review, and if appropriate, redact, duplicate, and release body-camera recordings in response to requests made under the California Public Records Act. Without significant improvements in technology, these resources would largely consist of staff members who would be assigned to review voluminous hours of video footage.

An important precedent for public access to police video was set in the 2023 Castañares v. Superior Court case (2023 Cal. App. Lexis 994), when the City of Chula Vista, California was ordered to turn over hundreds of hours of drone video footage taken by the local police agency finding that a blanket exemption did not apply to law enforcement video under the “investigatory” exception of the California Public Records Act. The court ruled that, while some video could be exempt from public disclosure such as footage related to criminal investigations, the police department was obligated to comply with the request.

This request inundated that agency with a responsibility to produce hundreds of hours of video that it did not have the personnel, resources, or time to fulfill.

LEGAL AND PROGRAM REQUIREMENTS

DISCUSSION AND/OR POSSIBLE ACTION ON A COMPREHENSIVE ASSESSMENT

REGARDING THE IMPLEMENTATION OF POLICE BODY-WORN CAMERA

PROGRAM
December 16, 2024

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In California, there is no statewide mandate requiring any law enforcement agencies to equip their officers with body-worn cameras. While the implementation of BWCs is voluntary, California law does impose specific requirements on agencies that choose to utilize them.

Penal Code Section 832.18 outlines best practices for the downloading and storage of data recorded by BWCs, including measures to prevent data tampering and guidelines for data retention.

Additionally, Assembly Bill 748, effective July 1, 2019, mandates the release of audio and video recordings, including BWC footage, within 45 days of what is known as “critical incidents,” including situations where officers discharge a firearm or use force resulting in death or great bodily harm, unless disclosure would interfere with an active investigation.

FISCAL IMPACT/FINANCING
The fiscal impact of implementing a BWC program for the city encompasses both direct and indirect costs. Direct costs include the initial purchase of the cameras, as well as the necessary hardware and software to manage and store video data. Storage, whether cloud-based or on-premises, is a significant ongoing expense, potentially costing tens of thousands of dollars annually depending on the volume of data. Maintenance and repair of the devices, software licensing fees, and regular upgrades further contribute to the financial burden. Indirect costs involve staff training, system administration, and hiring additional personnel and third-party vendors for reviewing, redacting, and processing footage for legal and public requests.

While the investment in BWCs can improve transparency, accountability, and evidence collection, it requires careful budgeting to balance these benefits with the recurring fiscal demands on municipal resources.

It should be noted that staff engaged with three BWC vendors to obtain competitive pricing and selected the most favorable option to incorporate into this estimate. Additionally, legal fees and third-party redaction costs have been estimated, as it is not feasible to provide a precise breakdown of these expenses at this stage. To arrive at these estimates, staff contacted several neighboring police agencies and consulted with the city attorney, leveraging their input to ensure the figures are as accurate and informed as possible.

Below is an initial high-level estimate of the cost associated with a BWC program that includes unlimited storage for 60 cameras.

Year 1 Year 2 Year 3 Year 4 Year 5
BWC Equipment and Storage $216,436.00 $41,700.00 $41,700.00 $41,700.00 $41,700.00

DISCUSSION AND/OR POSSIBLE ACTION ON A COMPREHENSIVE ASSESSMENT

REGARDING THE IMPLEMENTATION OF POLICE BODY-WORN CAMERA

PROGRAM
December 16, 2024

Page 5 of 6 ends

If approved, staff will explore various funding options to support the program, including pursuing grant opportunities, utilizing Asset Forfeiture funds for eligible expenses, and/or requesting a General Fund budget enhancement. It is important to note that grant funds will only cover the cost of the cameras and will not apply to additional personnel hiring or legal fees. Additionally, the program will incur ongoing annual costs that must be sustained through the General Fund for the entirety of its implementation.

RECOMMENDATION
This report provides a comprehensive update on the potential implementation of a Police Body-Worn Camera (BWC) Program and is submitted to the City Council with recommended actions for review and direction. Due to the complexities involved in developing and managing such a program, staff recommends a collaborative approach through the establishment of a multidisciplinary workgroup to evaluate and address operational, legal, financial, and technological considerations, ensuring informed decision-making.

CONCLUSION
Upon direction from the City Council, staff will proceed with the recommended actions.

Respectfully submitted,

RICARDO REYES
City Manager
Chief of Police
FTE Police Evidence
Technician (Fully Loaded with
Benefits)
$98,012.67 $107,813.94 $111,048.36 $115,490.29 $120,109.90 FTE Police Records Clerk
(Fully Loaded with Benefits) $84,589.39 $93,048.33 $95,839.78 $99,673.37 $103,660.30 Legal Fees - Estimated
($500 Per Hour) $10,000.00 $20,000.00 $30,000.00 $40,000.00 $50,000.00 3rd Party Redacting -
Estimated ($400 Per Hour) $8,000.00 $16,000.00 $24,000.00 $32,000.00 $40,000.00 Total Estimated Costs: $417,038.06 $278,562.27 $302,588.13 $328,863.66 $355,470.21 Total Five-Year Estimate: $1,682,522.33

DISCUSSION AND/OR POSSIBLE ACTION ON A COMPREHENSIVE ASSESSMENT

REGARDING THE IMPLEMENTATION OF POLICE BODY-WORN CAMERA

PROGRAM
December 16, 2024

Page 6 of 6 ends

ATTACHMENT(S)
None
ITEM 8

CONSIDERATION TO ACCEPT THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES – COPS HIRING PROGRAM FISCAL YEAR 23, AWARD NO. 15JCOPS-23-GG-04722-UHPX IT IS RECOMMENDED THE CITY COUNCIL:

1. Approve the Grant Award, Grant No. 15JCOPS-23-GG-04722-UHPX between the City of Huntington Park and the United States Department of Justice, Office of Community Oriented Policing Services for the reimbursement of funds allocated to the Huntington Park Police Department under the Fiscal Year 2023 COPS Hiring Program; and

2. Authorize the City Manager to be designated as the Grantee Official for the purpose of executing grant objectives, the grant agreement, and documentation.

BACKGROUND
On March 8, 2023, the Department of Justice announced the FY 2023 Community Oriented Policing Services (COPS) Hiring Program Funding Opportunity. The goal of the FY 2023 COPS Hiring Program is to advance public safety through community policing by funding additional full-time career law enforcement positions to meet law enforcement agencies’ community policing strategies.

The Huntington Park Police Department applied for the FY 2023 COPS Hiring Program and on November 2, 2023, was awarded funding to support the hiring of three police officers. The awarded funds will cover approximately 34 percent of the entry-level salary and fringe benefits for each position over a 36-month period with the City of Huntington Park required to provide approximately 66 percent cost share. Any additional costs for higher than entry-level salaries and fringe benefits will be the responsibility of the City of Huntington Park.

Page 2 of 4 ends

The following table presents an overview of total costs and funding sources over the three-year salary funding period associated with the proposed Grant:

DESCRIPTION AMOUNT
Estimated Salary and Benefits per Officer $122,514
Multiplied by: Number of Officers 3
Equals: Annual Salaries and Benefits $367,542
Multiplied by: Grant Years 3
Equals: Total Salaries and Benefits over Grant Period $1,102,626 Less: Proposed Grant Award (43.72%) ($375,000)
Equals: City of Huntington Park Cost over Grant Period $727,626 Funding under this program will support three years of officer salaries within a five-year period of performance to accommodate time needed for recruitment and hiring. The Huntington Park Police Department is required to fill the grant funded position for a term of 36 months. If a position funded by the COPS Hiring Program award becomes vacant during the performance period, the police department is required to take active and timely steps consistent with the city’s hiring policies and procedures to fill the position with a new officer to complete the remainder of the 36-month term.

Each COPS Hiring Program funded position must be retained for a minimum of 12 months following the three years of federal funding. Absorbing COPS Hiring Program funded positions through attrition (rather than adding the extra positions to the police budget with additional funding) does not meet the retention requirement as per the grant requirements. The retained COPS Hiring Program funded positions should be added to the police budget, over and above the number funded positions that would have existed in the absence of the award.

As a result, once the three-year funding period under the proposed Grant has lapsed, the City of Huntington Park will be fully responsible for funding approximately $367,542 in annual salary and benefits costs associated with the three new entry-level positions as well as any contractual increases to salaries and benefits into perpetuity.

The Huntington Park Police Department may request cost reimbursement on a monthly basis. The terms and conditions for this grant are listed in full on the Award document.

The Award Conditions for this grant include cost principles, audit requirements, administrative requirements, and reporting requirements as follows:

A. The Huntington Park Police Department, using existing staff, shall comply with the Single Audit Act Amendments of 1996, as implemented by 2 C.F.R. Part 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards".

B. The Huntington Park Police Department, using existing staff, shall submit a Progress Report, as per the DOJ Grant Program Guidelines for biannual and final reports as well as quarterly financial reports (SF425).

Page 3 of 4 ends

C. As required by the 2023 COPS Office Program Award Owner's Manual, the recipient shall notify the DOJ of developments that have significant impact on award-supported projects.

FISCAL IMPACT/FINANCING
Approval of the proposed Grant Award would authorize the acceptance of the FY 2023 COPS Hiring Program federal funding of $375,000. In addition, if the FY 2023 COPS Hiring Program federal funds are accepted, then the City of Huntington Park will be obligated to commit approximately $727,626 towards funding three police officers at a total cost of approximately $1,102,626 over the 36-month Grant period.

In addition to funding approximately $727,626 towards the proposed three police officer positions over the 36-month Grant period, the City of Huntington Park will be fully responsible for funding approximately $367,542 in annual salary and benefits as well as any contractual increases to salary and benefits associated with these positions into perpetuity.

The City of Huntington Park must front-fund all expenses before requesting reimbursement. Subject to Council approval, funding for the three police officers will be requested in future fiscal years as part of the annual budget process.

LEGAL AND PROGRAM REQUIREMENTS
Reference the Agreement included in this report for legal and program requirements associated with the acceptance of these grant funds.

CONCLUSION
Upon approval by the City Council, staff will proceed with the recommended actions.

Respectfully submitted,

RICARDO REYES
City Manager
Chief of Police

ATTACHMENT(S)

Page 4 of 4 ends

A. FY 2023 COPS Hiring Program Award Letter/Package

Department of Justice (DOJ)
Office of Community Oriented Policing Services (COPS
Office)
Washington, D.C. 20531

Name and Address of Recipient: CITY OF HUNTINGTON PARK
6550 MILES AVE
City, State and Zip: HUNTINGTON PARK, CA 90255

Recipient UEI: NPKFKTS9QQD6
Project Title: FY23 COPS Hiring Program
(CHP) Award Number: 15JCOPS-23-GG-04722-UHPX
Solicitation Title: FY23 COPS Hiring Program
Federal Award Amount: $375,000.00 Federal Award Date: 11/2/23 Awarding Agency: Office of Community Oriented Policing Services Funding Instrument Type: Grant
Opportunity Category: D
Assistance Listing:

16.710 - Public Safety Partnership and Community Policing Grants Project Period Start Date: 10/1/23 Project Period End Date: 9/30/28 Budget Period Start Date: 10/1/23 Budget Period End Date: 9/30/28 Project Description:

The purpose of the COPS Hiring Program (CHP) program is to advance the practice of community policing through the hire or rehire of additional career law enforcement officers. Funding under this award program will be utilized by local law enforcement agencies to hire and rehire career law enforcement officers necessary to increase the jurisdiction’s community policing capacity to prevent and disrupt crime and violence.

Page: 1 of 20
ATTACHMENT "A"
Award Letter
November 2, 2023
Dear Nancy Meraz,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Community Oriented Policing Services (the COPS Office) has approved the application submitted by CITY OF HUNTINGTON PARK for an award under the funding opportunity entitled 2023 FY23 COPS Hiring Program. The approved award amount is $375,000.

Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.

Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by the COPS Office, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.

Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.

Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date.

To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process.

Congratulations, and we look forward to working with you.

HUGH CLEMENTS
COPS Director
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/ Explore/LegalOverview/CivilRightsRequirements.htm.

Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria.

Page: 2 of 20
These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal-opportunity standards.

If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5).

The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at [email protected].

Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Recipient Information
Recipient Name

CITY OF HUNTINGTON PARK
UEI
NPKFKTS9QQD6 ORI Number
Street 1
6550 MILES AVE Street 2
City

HUNTINGTON PARK
State/U.S. Territory
California
Zip/Postal Code
90255
Country
United States
County/Parish Province
Award Details
Federal Award Date
11/2/23
Award Type
Initial
Award Number
15JCOPS-23-GG-04722-UHPX
Supplement Number
00 Federal Award Amount
$375,000.00
Funding Instrument Type
Grant
Page: 3 of 20
Assistance Listing
Number
Assistance Listings Program Title

16.710 Public Safety Partnership and Community Policing Grants Statutory Authority
The Public Safety Partnership and Community Policing Act of 1994, 34 U.S.C. § 10381 et seq. [X]
I have read and understand the information presented in this section of the Federal Award Instrument.

Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Solicitation Title
2023 FY23 COPS Hiring Program
Application Number
GRANT13873932
Awarding Agency
COPS
Grant Manager Name

TAMMY RICHARDSON
Phone Number
202-598-6908
E-mail Address
[email protected]
Project Title
FY23 COPS Hiring Program (CHP)
Performance Period Start
Date
10/01/2023
Performance Period End Date
09/30/2028
Budget Period Start Date
10/01/2023
Budget Period End Date
09/30/2028
Project Description
The purpose of the COPS Hiring Program (CHP) program is to advance the practice of community policing through the hire or rehire of additional career law enforcement officers. Funding under this award program will be utilized by local law enforcement agencies to hire and rehire career law enforcement officers necessary to increase the jurisdiction’s community policing capacity to prevent and disrupt crime and violence. [X]
I have read and understand the information presented in this section of the Federal Award Instrument.

Page: 4 of 20
Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

A financial analysis of budgeted costs has been completed. All costs listed in the approved budget below were programmatically approved based on the final proposed detailed budget and budget narratives submitted by your agency to the COPS Office. Any adjustments or edits to the proposed budget are explained below.

Budget Clearance Date: 9/14/23 3:18 PM
Comments
No items
Budget Category Proposed
Budget
Change Approved
Budget
Percentages
Sworn Officer Positions: $1,203,461 $1 $1,203,462
Civilian or Non-Sworn Personnel: $0 $0 $0
Travel: $0 $0 $0
Equipment: $0 $0 $0
Supplies: $0 $0 $0
SubAwards: $0 $0 $0
Procurement Contracts: $0 $0 $0
Other Costs: $0 $0 $0
Total Direct Costs: $1,203,461 $1 $1,203,462
Indirect Costs: $0 $0 $0
Total Project Costs: $1,203,461 $1 $1,203,462
Federal Funds: $375,000 $0 $375,000 31.16%
Match Amount: $828,462 $0 $828,462 68.84%
Program Income: $0 $0 $0 0.00%
Page: 5 of 20
Budget Category
Sworn Officer
Civilian Personnel
Travel
Equipment
Supplies
SubAwards
Procurement Contracts
Other Costs
Indirect Costs
[X]
I have read and understand the information presented in this section of the Federal Award Instrument.

Other Award Documents
[X]
I have read and understand the information presented in this section of the Federal Award Instrument.

Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 1 Reporting Subawards and Executive Compensation
The recipient agrees to comply with the following requirements of 2 C.F.R. Part 170, Appendix A to Part 170 – Award Term:

I. Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.

Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in Federal funds for a subaward to a non-Federal entity or Federal agency (see definitions in paragraph e. of this award term).

2. Where and when to report.
i. The non-Federal entity or Federal agency must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov.

Page: 6 of 20
ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.)

3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify.
b. Reporting total compensation of recipient executives for non-Federal entities.

1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 CFR 170.320;
ii. in the preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and, iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term:
i. As part of your registration profile at https://www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives.

1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each firsttier non-Federal entity subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— i. in the subrecipient's preceding fiscal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards) and, (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term:
i. To the recipient.

Page: 7 of 20
ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions.

If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term:

1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f).

2. Non-Federal entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization; and, iv. A domestic or foreign for-profit organization

3. Executive means officers, managing partners, or any other employees in management positions.

4. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.331).
iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract.

5. Subrecipient means a non-Federal entity or Federal agency that:
i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward.

6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)). 2 Restrictions on Internal Confidentiality Agreements: No recipient or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts the lawful reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. Consolidated Appropriations Act, 2023, Public Law 117-328, Division E, Title VII, Section 742. 3 Page: 8 of 20
Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and COPS Office authority to terminate award): The recipient and subrecipient agree to comply with the requirements in 2 C.F.R. § 175.15(b) – Award Term:

I. Trafficking in persons.
a. Provisions applicable to a recipient that is a private entity.

1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not— i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award.

2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity —
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either— A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by DOJ at 2 C.F.R. Part 2867. b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity—

1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or

2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either— i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by DOJ at 2 C.F.R. Part 2867. c. Provisions applicable to any recipient.

1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term.

2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended 22 U.S.C. 7104(g), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this award.

3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity.
d. Definitions. For purposes of this award term:

1. “Employee” means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.

2. “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

3. “Private entity”:
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:

A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).

B. A for-profit organization.

4. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
4 Duplicative Funding: The recipient understands and agrees to notify the COPS Office if it receives, from any other source, funding for the same item or service also funded under this award.

Page: 9 of 20
5 Termination: Recipient understands and agrees that the COPS Office may terminate funding, in whole or in part, for the following reasons:
(1) When the recipient fails to comply with the terms and conditions of a Federal award. (2) When an award no longer effectuates the program goals or agency priorities, to the extent such termination is authorized by law.
(3) When the recipient agrees to the termination and termination conditions. (4) When the recipient provides the COPS Office written notification requesting termination including the reasons, effective date, and the portion of the award to be terminated. The COPS Office may terminate the entire award if the remaining portion will not accomplish the purposes of the award. (5) Pursuant to any other termination provisions included in the award.

2. C.F.R. § 200.340.
6 Award Owner’s Manual: The recipient agrees to comply with the terms and conditions in the applicable 2023 COPS Office Program Award Owner's Manual; DOJ Grants Financial Guide; COPS Office statute (34 U.S.C. § 10381, et seq.) as applicable; Students, Teachers, and Officers Preventing (STOP) School Violence Act of 2018 (34 U.S.C. § 10551, et seq.) as applicable; the requirements of 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as applicable; representations made in the application; and all other applicable program requirements, laws, orders, regulations, or circulars.

Failure to comply with one or more award requirements may result in remedial action including, but not limited to, withholding award funds, disallowing costs, suspending, or terminating the award, or other legal action as appropriate.

Should any provision of an award condition be deemed invalid or unenforceable by its terms, that provision will be applied to give it the maximum effect permitted by law. Should the provision be deemed invalid or unenforceable in its entirety, such provision will be severed from this award. 7 Authorized Representative Responsibility: The recipient understands that, in accepting this award, the Authorized Representatives declare and certify, among other things, that they possess the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accept (or adopt) all material requirements throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.
8 Award Monitoring Activities: Federal law requires that recipients receiving federal funding from the COPS Office must be monitored to ensure compliance with their award conditions and other applicable statutes and regulations. The COPS Office is also interested in tracking the progress of our programs and the advancement of community policing.

Both aspects of award implementation—compliance and programmatic benefits—are part of the monitoring process coordinated by the U.S. Department of Justice. Award monitoring activities conducted by the COPS Office include site visits, enhanced office-based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. As a COPS Office award recipient, you agree to cooperate with and respond to any requests for information pertaining to your award. This includes all financial records, such as general accounting ledgers and all supporting documents. All information pertinent to the implementation of the award is subject to agency review throughout the life of the award, during the close-out process and for three-years after the submission of the final expenditure report. 34 U.S.C. § 10385(a) and 2 C.F.R. §§ 200.334 and 200.337. 9 Contract Provision: All contracts made by the award recipients under the federal award must contain the provisions required under 2 C.F.R. Part 200, Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. Please see appendices in the Award Owner’s Manual for a full text of the contract provisions.

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10 Assurances and Certifications: The recipient acknowledges its agreement to comply with the Assurances and Certifications forms that were signed as part of its application. 11 Conflict of Interest: Recipients and subrecipients must disclose in writing to the COPS Office or pass-through entity, as applicable, any potential conflict of interest affecting the awarded federal funding in 2 C.F.R. § 200.112. 12 Debarment and Suspension: The recipient agrees not to award federal funds under this program to any party which is debarred or suspended from participation in federal assistance programs. 2 C.F.R. Part 180 (Government-wide Nonprocurement Debarment and Suspension) and 2 C.F.R. Part 2867 (DOJ Nonprocurement Debarment and Suspension).
13 Employment Eligibility: The recipient agrees to complete and keep on file, as appropriate, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603. 14 Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information: Recipients and subrecipients agree not to discharge, demote, or otherwise discriminate against an employee as reprisal for the employee disclosing information that he or she reasonably believes is evidence of gross mismanagement of a federal contract or award, a gross waste of federal funds, an abuse of authority relating to a federal contract or award, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or award. Recipients and subrecipients also agree to provide to their employees in writing (in the predominant native language of the workforce) of the rights and remedies provided in 41 U.S.C. § 4712. Please see appendices in the Award Owner’s Manual for a full text of the statute. 15 Equal Employment Opportunity Plan (EEOP): All recipients of funding from the COPS Office must comply with the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan. 28 C.F.R. Part 42 subpart E.
16 False Statements: False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 31 U.S.C. § 3729-3733.
17 Federal Civil Rights: The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition—
a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102);
b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by the Office on Violence Against Women, also may apply to an award made otherwise; Page: 11 of 20
c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and associated regulations); and
d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204.

The Applicant also understands that (in addition to any applicable program-specific regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical information), 23 (criminal intelligence systems), 38 (regarding faith-based or religious organizations participating in federal financial assistance programs), and 46 (human subjects protection). 18 Mandatory Disclosure: Recipients and subrecipients must timely disclose in writing to the Federal awarding agency or pass-through entity, as applicable, all federal criminal law violations involving fraud, bribery, or gratuity that may potentially affect the awarded federal funding. Recipients that receive an award over $500,000 must also report certain civil, criminal, or administrative proceedings in SAM and are required to comply with the Term and Condition for Recipient Integrity and Performance Matters as set out in 2 C.F.R. Part 200, Appendix XII to Part 200. Failure to make required disclosures can result in any of the remedies, including suspension and debarment, described in 2 C.F.R. § 200.339. 2 C.F.R. § 200.113.
19 Reports/Performance Goals: To assist the COPS Office in monitoring and tracking the performance of your award, your agency will be responsible for submitting semi-annual programmatic performance reports that describe project activities during the reporting period and quarterly Federal Financial Reports using Standard Form 425 (SF-425). 2 C.F.R. §§ 200.328 - 200.329. The performance report is used to track your agency’s progress toward implementing community policing strategies and to collect data to gauge the effectiveness of increasing your agency’s community policing capacity through COPS Office funding. The Federal Financial Report is used to track the expenditures of the recipient’s award funds on a cumulative basis throughout the life of the award. 20 Recipient Integrity and Performance Matters: For awards over $500,000, the recipient agrees to comply with the following requirements of 2 C.F.R. Part 200, Appendix XII to Part 200 – Award Term and Condition for Recipient Integrity and Performance Matters:

A. Reporting of Matters Related to Recipient Integrity and Performance

1. General Reporting Requirement
If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.

2. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five-year period; and c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, Page: 12 of 20
reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or
(4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.

3. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded.

4. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report.

Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings.

5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
c. Total value of currently active grants, cooperative agreements, and procurement contracts includes— (1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. 21 System for Award Management (SAM) and Universal Identifier Requirements: The recipient agrees to comply with the following requirements of 2 C.F.R. Part 25, Appendix A to Part 25 – Award Term:

I. System for Award Management and Universal Identifier Requirements A. Requirement for System for Award Management
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain current information in the SAM. This includes information on your immediate and highest level owner and subsidiaries, as well as on all of your predecessors that have been awarded a Federal contract or Federal financial assistance within the last three years, if applicable, until you submit the final financial report required under this Federal award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another Federal award term.

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B. Requirement for Unique Entity Identifier
If you are authorized to make subawards under this Federal award, you:

1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you until the entity has provided its Unique Entity Identifier to you.

2. May not make a subaward to an entity unless the entity has provided its Unique Entity Identifier to you.

Subrecipients are not required to obtain an active SAM registration, but must obtain a Unique Entity Identifier.

C. Definitions
For purposes of this term:

1. System for Award Management (SAM) means the Federal repository into which a recipient must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM internet site (currently at https://www.sam.gov).

2. Unique Entity Identifier means the identifier assigned by SAM to uniquely identify business entities.

3. Entity includes non-Federal entities as defined at 2 CFR 200.1 and also includes all of the following, for purposes of this part:
a. A foreign organization;
b. A foreign public entity;
c. A domestic for-profit organization; and
d. A Federal agency.

4. Subaward has the meaning given in 2 CFR 200.1.

5. Subrecipient has the meaning given in 2 CFR 200.1.
22 Additional High-Risk Recipient Requirements: The recipient agrees to comply with any additional requirements that may be imposed during the award performance period if the awarding agency determines that the recipient is a highrisk recipient. 2 C.F.R. § 200.208. 23 Supplementing, not Supplanting: State, local, and tribal government recipients must use award funds to supplement, and not supplant, state, local, or Bureau of Indian Affairs (BIA) funds that are already committed or otherwise would have been committed for award purposes (hiring, training, purchases, and/or activities) during the award period. In other words, state, local, and tribal government recipients may not use COPS Office funds to supplant (replace) state, local, or BIA funds that would have been dedicated to the COPS Office-funded item(s) in the absence of the COPS Office award. 34 U.S.C. § 10384(a).
24 Background Investigations: Recipients agree to ensure that each officer(s) hired with CHP funding will be subject to a background investigation, notify the COPS Office upon completion of the background investigation for each officer hired under the CHP award, and cooperate with the COPS Office and provide updates on the status of background investigations upon request. 2 C.F.R. § 200.208
If the COPS Office determines that CHP funds are being used to pay the salary and fringe benefits of an officer who has not undergone a background investigation, the COPS Office may temporarily suspend grant funds in accordance with 2 C.F.R. §200.339 until the agency can demonstrate the background investigation has been completed. 25 Evaluations: The COPS Office may conduct monitoring or sponsor national evaluations of its award programs. The Page: 14 of 20
recipient agrees to cooperate with the monitors and evaluators. 34 U.S.C. § 10385(b). 26 Modifications: Occasionally, a change in an agency’s fiscal or law enforcement situation necessitates a change in its COPS Office CHP award. Award modifications under CHP are evaluated on a case-by-case basis in accordance with 2 C.F.R. § 200.308. For federal awards in excess of $250,000, any modification request involving the reallocation of funding between budget categories that exceed or are expected to exceed 10 percent (10%) of the total approved budget requires prior written approval by the COPS Office. Regardless of the federal award amount or budget modification percentage, any reallocation of funding is limited to approved budget categories. In addition, any budget modification that changes the scope of the project requires prior written approval by the COPS Office. In addition, please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds.

In addition, modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category and/or reduce the total number of positions awarded. For example, if an agency was awarded CHP funding for two new, additional sworn officer positions, but due to fiscal distress/constraints the agency needs to change the hiring category from the new hire category to the rehire category for officers laid off or scheduled for layoff on a specific future date post-application, the agency would have to request a modification. The COPS Office will only consider a modification request after an agency makes final, approved budget and/or personnel decisions. An agency may implement the modified award following written approval from the COPS Office. Please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds.

During the CHP award period, it may become necessary for an agency to modify its CHP award due to changes in an agency’s fiscal or law enforcement situation. Modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category, reduce the total number of positions awarded, shift funds among benefit categories, and/or reduce the entrylevel salary and fringe benefit amounts. For example, an agency may have been awarded CHP funding for 10 new, additional full-time sworn officer positions, but due to severe fiscal distress/constraints, the agency determines it is unable to sustain all 10 positions and must reduce its request to five full-time positions; or an agency may have been awarded CHP funding for two new, additional sworn officer positions, but due to fiscal distress/constraints the agency needs to change the hiring category from the new hire category to the rehire category for officers laid off or scheduled for layoff on a specific future date post-application. Award modifications under CHP are evaluated on a case-by-case basis. The COPS Office will only consider a modification request after an agency makes final, approved budget and/or personnel decisions. An agency may implement the modified award following written approval from the COPS Office.

Please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds.
27 Retention: At the time of award application, your agency committed to retaining all sworn officer positions awarded under the CHP award with state and/or local funds for a minimum of 12 months following the conclusion of 36 months of federal funding for each position, over and above the number of locally-funded sworn officer positions that would have existed in the absence of the award. Your agency cannot satisfy the retention requirement by using CHP-funded positions to fill locally-funded vacancies resulting from attrition. 34 U.S.C. § 10382 (c)(8). 28 Local Match: COPS Hiring Program award recipients are required to contribute a local match of at least 25 percent towards the total cost of the approved award project, unless waived in writing by the COPS Office. The local match must be a cash match from funds not previously budgeted for law enforcement purposes and must be paid during the award period. The local match contribution must be made on an increasing basis during each year of the three-year award period, with the federal share decreasing accordingly. 34 U.S.C. § 10381(g). 29 School Resource Officer (SRO) Training Requirement: COPS Office-funded SRO(s) are required to complete an SRO 40-hour basic training course from a list of COPS Office approved provider(s). Training must be completed no later than nine months after the date shown on the award congratulatory letter or six months from the SRO hire date; whichever comes first. If a COPS Office-funded SRO leaves the recipient agency after completing the training, the recipient agrees to pay for the new SRO, who is assigned to backfill this position, to attend a 40 hour basic training Page: 15 of 20
course. The new SRO must complete the training no later than nine months after being placed in the school. If the officer has completed 40-hour basic training within the last 12 months prior to the award date, the condition has been fulfilled. Any longer than 12 months will require the officers to retake the course. The agency must coordinate with the training provider if they want funds to cover registration and travel costs. 30 Extensions: Your agency may request an extension of the 60-month award performance period to receive additional time to implement your award program. Such extensions do not provide additional funding. Any request for an extension will be evaluated on a case-by-case basis. Only those recipients that can provide a reasonable justification for delays will be granted no-cost extensions. Reasonable justifications may include difficulties in filling COPS Officefunded positions, officer turnover, or other circumstances that interrupt the 36-month funding period. An extension allows your agency to compensate for such delays by providing additional time to complete the full 36 months of funding for each position awarded. Extension requests must be received prior to the end date of the award. 31 Contracts and/or MOUs with other Jurisdictions: Sworn law enforcement officer positions awarded must be used for law enforcement activities or services that benefit your agency and the population that it serves. The items funded under the CHP award cannot be utilized by other agencies unless the items benefit the population that your agency serves. Your agency may use items funded under the CHP award to assist other law enforcement agencies under a resource sharing, mutual aid, or other agreement to address multi-jurisdictional issues as described in the agreement. 32 Community Policing: Community policing activities to be initiated or enhanced by your agency and the officers funded by this award program were identified and described in your CHP award application. Your agency developed a community policing plan for the CHP award with specific reference to a crime or disorder problem and the following elements of community policing: (a) problem solving—your agency’s plan to assess and respond to the problem identified; (b) community partnerships and support, including related governmental and community initiatives that complement your agency’s proposed use of CHP funding; and (c) organizational transformation—how your agency will use the funds to reorient its mission to community policing or enhance its involvement in and commitment to community policing. Throughout the CHP award period, your agency is required to implement the community policing plan it set forth in the CHP award application.

The COPS Office defines community policing as a philosophy that promotes organizational strategies that support the systematic use of partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime. CHP awards through the specific officers funded (or an equal number of redeployed veteran officers) must be used to initiate or enhance community policing activities. All newly hired additional or rehired officers (or an equal number of redeployed veteran officers) funded under CHP must implement your agency’s approved community policing plan, which you described in your award application.
33 Career Law Enforcement Officer: Officer hiring funds may only be used to pay entry-level salaries and fringe benefits for full-time “career law enforcement officers” for 36 months. The COPS Office’s statute defines a “career law enforcement officer” as “a person hired on a permanent basis who is authorized by law or by a State or local public agency to engage in or supervise the prevention, detection, or investigation of violations of criminal laws.” 34 U.S.C. §10389(1). A recipient agency may use officer hiring funds to pay the salary and benefits of recruits while in academy training to become “career law enforcement officers” if it is the standard practice of the agency to do so with locallyfunded recruits. The State of Alaska, and any Indian tribe or tribal organization in that State, may also use officer hiring funds for a “village public safety officer” defined as “an individual employed as a village public safety officer under the program established by the State pursuant to Alaska Statute 18.65.670.” Tribal Law and Order Act of 2010, Pub. L. 111-211, title II, § 247 (a)(2).
34 Memorandum of Understanding Requirement (for School Resource Officers only) Recipients using award funding to hire and/or deploy School Resource Officers into schools understand and agree to the following:
• Your agency must submit a signed Memorandum of Understanding (MOU) between the law enforcement agency and Page: 16 of 20
the school partner(s) to the COPS Office before obligating or drawing down funds under this award. The MOU must be submitted to the COPS Office within 90 days of the date shown on the award letter. • Your agency’s MOU must contain the following information? o The purpose of the MOU
o Clearly defined roles and responsibilities of the school district and the law enforcement agency, focusing officers’ roles on safety
o Information sharing
o Supervision responsibility and chain of command for the SRO o Signatures
Note: Please refer to the MOU Fact Sheet for a detailed explanation of the requirements under each of the bullets Your agency’s implementation of the CHP award without submission and acceptance of the required MOU may result in expenditures not being reimbursed by the COPS Office and/or award de-obligation. 35 Allowable Costs Condition: The funding under this project is for the payment of three years (36 months) of approved full-time entry-level salaries and fringe benefits during the five-year (60 months) period of performance. The maximum federal share is $125,000 per officer position (unless a local match waiver is approved) for career law enforcement officer positions hired and/or rehired on or after the official award start date. Any salary and fringe benefit costs higher than entry-level that your agency pays a CHP-funded officer must be paid with local funds. Your agency is required to use CHP award funds for the specific hiring categories awarded. Funding under this program may be used for the following categories:
• Hiring new officers, which includes filling existing officer vacancies that are no longer funded in your agency’s budget; • Rehiring officers laid off by any jurisdiction as a result of state, local, or Bureau of Indian Affairs (BIA) budget reductions; and/or
• Rehiring officers who were, at the time of award application, scheduled to be laid off (by your jurisdiction) on a specific future date as a result of state, local, or BIA budget reductions.

If your agency’s local fiscal conditions have changed and your agency needs to change one or more of the funded hiring categories, your agency should request an award modification and receive prior approval before spending CHP funding under the new category. The approved budget in the award package specifies the amount of CHP funds awarded to your agency. Please note that the salary and fringe benefit costs requested in your CHP application may have been adjusted or removed. Your agency may only be reimbursed for the approved cost categories up to the amounts specified in the approved budget. Only actual allowable costs incurred during the award period will be eligible for reimbursement and drawdown. If your agency experiences any cost savings over the course of the award (for example, your award application overestimated the total entry-level officer salary and fringe benefits package), your agency may not use that excess funding to continue salary payments to the officers beyond 36 months. Any funds remaining after your agency has drawn down for the costs of approved salaries and fringe benefits incurred for each awarded position during the 36-month funding period will be deobligated during the closeout process and should not be spent by your agency.
36 Advancing Department of Justice Priority Problem Focus Areas: This condition applies to agencies that selected one of the following priority crime problem/focus areas to address in their 2021 COPS Hiring Program (CHP) application:
• Building Legitimacy and Trust
• Violent Crime/Gun Violence
• Combatting Hate and Domestic Extremism
• Police-based Response to Persons in Crisis
Your agency understands and agrees to the following: Your agency will implement the one specific community policing plan identified in your CHP award application?
Your agency will address its specific priority crime problem throughout the entire CHP award period? Your agency will implement any organizational changes identified in its CHP award application; Your agency will cooperate with any award monitoring by the COPS Office to ensure that it is initiating or enhancing its community policing efforts to address its priority crime problem, which may include your agency having to respond to additional or modified reporting requirements.
[X]
I have read and understand the information presented in this section of the Federal Award Instrument.

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Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.

B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.

C. Accept this award on behalf of the applicant.

D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.

Agency Approval
Title of Approving Official
COPS Director
Name of Approving Official

HUGH CLEMENTS
Signed Date And Time
9/22/23 4:40 PM
Authorized Representative
Declaration and Certification (Law Enforcement Executive/Program Official) Entity Acceptance
Title of Authorized Entity Official
Police Captain
Name of Authorized Entity Official
Alfred Martinez
Signed Date And Time
11/27/2023 7:51 PM
Declaration and Certification (Government Executive/Financial Official) Entity Acceptance
Title of Authorized Entity Official
Administrative Assistant
Name of Authorized Entity Official
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Nancy Meraz
Signed Date And Time
12/12/2023 7:22 PM
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ITEM 9

CITY OF HUNTINGTON PARK
Police Department
City Council Agenda Report

December 16, 2024
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:

REVIEW OF THE 2023 MILITARY EQUIPMENT ANNUAL REPORT AND RENEW ORDINANCE NO. 2022-01, APPROVING THE MILITARY EQUIPMENT FUNDING,

ACQUISITION AND USE POLICY
IT IS RECOMMENDED THAT THE CITY COUNCIL:

1. Approve the Huntington Park Police Department’s 2023 Military Equipment Annual Report; and

2. Renew Ordinance 2022-01, thereby approving the Police Department’s Military Equipment funding, acquisition and use policy.

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
On September 30, 2021, Governor Newsom signed into law Assembly Bill (AB) 481 (Attachment D), which went into effect on January 1, 2022, and added California Government Code Sections 7070 through 7075 relating to the funding, acquisition, and use of military equipment by local law enforcement agencies. The bill required law enforcement agencies seeking to fund or acquire new military equipment or continue use of any military equipment acquired prior to January 1, 2022, to draft a military equipment use policy (Attachment C) and obtain approval from its governing body via adoption of an ordinance.

On an annual basis thereafter, an agency is required to publish a military equipment report to its website and hold at least one community engagement meeting to allow the public to ask questions and discuss the report. The annual report shall include a summary of each type of military equipment, its intended purpose, how each type of equipment was used by the agency during the preceding year, a summary of any complaints received concerning the equipment, the results of any internal audits pertaining to violations of the military equipment use policy, the total cost for each type of equipment, and quantity possessed.

REVIEW THE 2023 MILITARY EQUIPMENT ANNUAL REPORT AND RENEW ORDINANCE NO. 2022-01, APPROVING THE MILITARY EQUIPMENT FUNDING,

ACQUISITION AND USE POLICY
December 16, 2024
AB 481 further requires the governing body, at least annually, to review any ordinance that it has adopted approving the funding, acquisition, or use of military equipment and vote on whether to renew the ordinance. The City Council may renew or not renew the authorizing ordinance, disapprove authorization for equipment where standards have not been met, or require modifications to the military equipment use policy based on whether the equipment detailed within the annual report complies with policy and meets specified standards as set forth in California Government Code Section 7071, subdivision (d).

The AB 481 Military Equipment List identifies items currently deployed by law enforcement agencies in this county, as well as others throughout the State of California, and the nation. AB 481 lists “military equipment” that is recognized and more appropriately identified by local, state, and federal law enforcement entities as specialized police equipment.

Specialized police equipment is used only by highly trained and experienced law enforcement professionals. The Huntington Park Police Department’s itemized list of specialized equipment is attached to this staff report and was posted for public viewing on the Department’s website, as required by AB 481. This itemized list of specialized equipment ranges from modernized tools, aerial drones, armored vehicles, and chemical agents, whose primary purpose is the preservation of human life during critical incidents. These critical incidents often involve the apprehension of high-risk suspects, search and rescue, and immediate responses to catastrophic events. The use also reduces the potential for physical injury to the public and department personnel. It also allows for the application of de-escalation tactics during high-risk encounters with armed and violent suspects.

The Huntington Park Police Department, and its Los Angeles County law enforcement partners, are responsible for ensuring the highest standard of public safety, the protection of its community, and the apprehension of criminal offenders. To help achieve and maintain the highest standard of public safety, it is important that the Huntington Park Police Department receive support from its local elected officials, who are committed to funding operational needs. This includes the approval to purchase and finance necessary tools, protective gear, and specialized equipment for the purpose of helping protect and save lives and property. With the City Council’s partnership and approval, the Huntington Park Police Department can operate with the most advanced technology, equipment, and resources available. Thus, allowing the Huntington Park Police Department to be successful in their purpose of protecting and serving the community with increased effectiveness, preparedness, and proper lifesaving tactics.

The continued use of specialized equipment will allow the Huntington Park Police Department to operate within the same professional and uniformed standards as other successful law enforcement agencies across the county, state, and country.

In accordance with the annual requirements set forth in AB 481, the Department completed the 2023 Military Equipment Annual Report (Attachment A).

REVIEW THE 2023 MILITARY EQUIPMENT ANNUAL REPORT AND RENEW ORDINANCE NO. 2022-01, APPROVING THE MILITARY EQUIPMENT FUNDING,

ACQUISITION AND USE POLICY
December 16, 2024

FISCAL IMPACT/FINANCING
N/A

CONCLUSION
It is the recommendation of the Chief of Police that Council approve the 2023 Military Equipment Annual Report and renew Ordinance 2022-01 (Attachment B) approving the Department’s military equipment funding, acquisition, and use policy pursuant to Assembly Bill 481.

Respectfully submitted,

RICARDO REYES
City Manager
Chief of Police

ATTACHMENT(S)
A: 2023 Military Equipment Annual Report
B: Ordinance 2022-01
C: Military Equipment Policy
D: Assembly Bill 481
AB 481 Military Equipment Use Report - 2023 Page 1 of 19

HUNTINGTON PARK

POLICE DEPARTMENT
Military Equipment Use Report - 2023
Assembly Bill 481
(California Government Code § 7072; Huntington Park
Ordinance No. 2022-001)
ATTACHMENT "A"
AB 481 Military Equipment Use Report - 2023 Page 2 of 19 Table of Contents:

DEFINITIONS..........................................................................................................................3 PREFACE ...............................................................................................................................5 EXECUTIVE SUMMARY.........................................................................................................5 REPORTING REQUIREMENTS .............................................................................................7 Summary of Use and Purpose of Use per Government Code § 7072(a)(1): .......................... 8 Summary of Complaints per Government Code § 7072(a)(2):............................................... 8 Summary of Internal Audits or Policy Violations per Government Code § 7072(a)(3): ........... 8 Summary of Annual Cost of Military Equipment per Government Code § 7072(a)(4): ........... 8 Quantity Possessed per Government Code § 7072(a)(5): ..................................................... 8 Equipment Acquisition per Government Code § 7072(a)(6): ................................................. 8 SUMMARY OF MILITARY EQUIPMENT ................................................................................9 SECTION ONE: HUNTINGTON PARK POLICE DEPARTMENT SPECIALIZED EQUIPMENT INVENTORY.....................................................................................................9 SECTION TWO: ALLIED AGENCY / MUTUAL AID EQUIPMENT........................................16 AB 481 Military Equipment Use Report - 2023 Page 3 of 19

DEFINITIONS
Per Assembly Bill 481 (AB 481), the following definitions apply only to the department's current military equipment inventory and potential future military equipment acquisitions for operational needs. (For a more detailed list, refer to Government Code section 7070, for “military equipment” as defined within the Assembly Bill.) “Governing body”: Huntington Park City Council and mayor. “Military equipment” or “Specialized equipment”:

1. Unmanned, remotely piloted, powered aerial or ground vehicles. This definition applies to the department’s inventory of Unmanned Aerial Systems (UAS) and robots.

2. Armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this definition. This definition applies to the department’s Lenco Bearcat.

3. 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 definition.

4. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to sworn members. This definition applies to the department’s inventory of rifle/pistol-caliber carbines and sniper rifles.

5. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. This definition applies to the department’s inventory of flashbangs. Additionally, this definition applies to the department’s inventory of various chemical agents and chemical agent delivery systems maintained by the SWAT Team. These delivery systems are capable of dispersing chemical agents via burning, expulsion, liquid, or fog.

6. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag”, rubber bullet, and specialty impact munition (SIM) weapons. This definition applies to all the Department’s inventory of 40 mm projectile launchers and specialty impact munition (SIM).

7. “Military equipment” or “Specialized equipment” does not include general equipment not designated as prohibited or controlled by the Federal Defense Logistics Agency.

AB 481 Military Equipment Use Report - 2023 Page 4 of 19 “Military equipment use policy” refers to Huntington Park Police Department Policy 706 which requires a publicly released, written document governing the use of military equipment by the department that addresses, at a minimum, all of the following:

8. A description of each type of military equipment/specialized equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military/specialized equipment.

9. The purposes and authorized uses for which the department proposes to use each type of military/specialized equipment.

10.The fiscal impact of each type of military/specialized equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

11.The legal and procedural rules that govern each authorized use.

12.The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any sworn member is allowed to use each specific type of military/specialized equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military/specialized equipment use policy.

13.The mechanisms to ensure compliance with the military/specialized equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

14.The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military/specialized equipment, and how the department will ensure that each complaint, concern, or question receives a response in a timely manner.

AB 481 Military Equipment Use Report - 2023 Page 5 of 19

PREFACE
The Huntington Park Police Department retains and utilizes a wide variety of equipment that falls under the definition of AB 481. This equipment is used to assist the Huntington Park Police Department in its ultimate mission which is the preservation of life.

The Huntington Park Police Department recognizes critical incidents are unpredictable and dynamic in nature. The retention of this equipment alone does not warrant its use for every incident. The equipment listed in this report assists with the safe and swift resolution of these incidents.

Policy and procedure dictate when the equipment may be deployed in the field, how it may be used, and which officers are authorized to use it. However, not all situations can be predicted. The need for the incident commander, on-scene supervisor, or officers to deploy and utilize the equipment in a manner not outlined within policy or procedure may be necessary for the preservation of life in a rapidly evolving incident.

Further, incident commanders, supervisors, officers, and specific specialized units can authorize the use of equipment for each specific incident based on the totality of the circumstances.

EXECUTIVE SUMMARY
On September 30, 2021, the Governor of the State of California approved AB 481 requiring law enforcement agencies to obtain approval of the applicable governing body by adoption of a military equipment use policy. The department is required to seek City Council approval of their military equipment use procedure by ordinance at a regular open meeting prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.

The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The ordinance is subject to an annual City Council review to determine whether, based on an annual military equipment report, the standards outlined in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular military equipment where standards have not been met, or require modifications to the military equipment use procedure to address any non-compliance with standards.

Finally, the bill requires the publication of the military equipment use procedure and the annual military/specialized equipment report on the department’s website. The military equipment use procedure must be posted on the website at least 30 days prior to the Council meeting.

AB 481 Military Equipment Use Report - 2023 Page 6 of 19 Military equipment use was recorded by the Huntington Park Police Department for this report from January 1, 2023, to December 31, 2023, in compliance with the passage of AB 481 and corresponding Huntington Park City ordinance 2022-001.

AB 481 Military Equipment Use Report - 2023 Page 7 of 19

REPORTING REQUIREMENTS
Government Code § 7072 states the following:
(a) A law enforcement agency that receives approval for a military equipment use policy according to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military/specialized equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. 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/specialized equipment.
(3) The results of any internal audits, any information about violations of the military/specialized equipment use policy, and any actions taken in response.
(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/ 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.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report according to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general 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.

AB 481 Military Equipment Use Report - 2023 Page 8 of 19 In addition to maintaining the highest levels of public safety, the Huntington Park Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the department has authored the following 2023 Annual Military Equipment Report in accordance with annual reporting requirements outlined in AB 481 and Government Code 7072:

Summary of Use and Purpose of Use per Government Code § 7072(a)(1):

Certain military equipment described in the included Summary of Military Equipment List were deployed in a variety of incidents and calls for service during this reporting period.

On occasion, multiple pieces of military equipment can be deployed during the same incident. An example is the arrest of an armed suspects which required the utilization of multiple pieces of equipment: a command-and-control vehicle, armored vehicles, unmanned aerial systems, and diversionary devices.

Other incidents during this reporting period included the deployment of Unmanned Aircraft Systems (UAS/Drones) to aid interior and exterior searches for suspects. Semi-automatic rifles were deployed during high-risk traffic stops and search warrant operations. None of these deployments resulted in gunfire.

The armored vehicle was deployed on multiple search warrant service operations.

Summary of Complaints per Government Code § 7072(a)(2):

The department received no complaints regarding the use of military equipment during this reporting period.

Summary of Internal Audits or Policy Violations per Government Code § 7072(a)(3):

No policy violations were noted related to military/specialized equipment deployment internally or by citizen complaint.

Summary of Annual Cost of Military Equipment per Government Code § 7072(a)(4):

Refer to equipment list.

Quantity Possessed per Government Code § 7072(a)(5):

Refer to equipment list.

Equipment Acquisition per Government Code § 7072(a)(6):

None
AB 481 Military Equipment Use Report - 2023 Page 9 of 19

SUMMARY OF MILITARY EQUIPMENT
The inventory of military equipment, particularly consumable material (ammunition, diversionary devices, less lethal impact munitions, etc.) fluctuates regularly. This is based on a variety of factors including, but not limited to, operational usage, operational deterioration, training, maintenance, and expiration and replenishment guidelines. The Huntington Park Police Department is committed to transparency in disclosing its military equipment inventory and related information to our community and elected officials in compliance with the law. The department strives to provide the most accurate military equipment inventory and information at the time of this report’s publication.

The following are the various types, descriptions, and guidelines for usage of military equipment currently employed by the Huntington Park Police Department.: (*NOTE: The manufacturer descriptions contained within are referenced via publicly accessible website source citations. The website source citations utilized in this report are for military equipment descriptive purposes only and are not an endorsement by the Huntington Park Police Department of a particular product or vendor.)
SECTION ONE: HUNTINGTON PARK POLICE DEPARTMENT SPECIALIZED EQUIPMENT

INVENTORY

1. Unmanned Aircraft Systems (UAS/Drones)- CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: DJI Camera Drones, not to exceed 4 Lifespan: Approximately 5 years
Purpose/Capabilities/Description:
o Search and locate reported missing children or at-risk adults o Search and rescue operations to locate lost or injured hikers o A law enforcement specific application involving aerial drones are used for open terrain or large field searches as a force-multiplier to assist in high-risk apprehensions of armed or violent suspects. Aerial drones can be used as an interior search tool to locate suspects barricaded inside a residence or commercial structure.
o Unmanned robotics have numerous applications and are used instead of personnel in high-risk environments to increase safety for law enforcement o Gain visual/audio data and remotely clear buildings and structures.

Fiscal Impacts: The initial costs of equipment, licensing, software and training are approximately $15,000.00. The ongoing cost associated with remotely piloted aircraft/ground vehicles and maintenance is estimated to be approximately $2,000 per year.

AB 481 Military Equipment Use Report - 2023 Page 10 of 19 Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.

2. Unmanned, remotely piloted, powered ground vehicles- CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: Recon Robotics Scout, not to exceed 1 Lifespan: Approximately 15 years
Purpose/Capabilities/Description:
o Robotic Scouts are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.
o Gain visual/audio data and remotely clear buildings and structure o Unmanned robotics have numerous applications and are used instead of personnel in high-risk environments to increase safety for law enforcement Fiscal Impacts: The initial costs of equipment, licensing, software and training was approximately $6,000.00. Ongoing cost associated with remotely piloted robotic technology and maintenance is estimated to be approximately $200 per year.

Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground robotic technology potentially involves privacy considerations.

Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).

Training Required: The Special Weapons and Tactics (SWAT) team provides internal training for staff members prior to allowing them to operate this equipment.

The officers are trained in vehicle operation, equipment use and driving.

AB 481 Military Equipment Use Report - 2023 Page 11 of 19

3. Armored vehicles with breaching or entry apparatus attachable - CA Gov’t Code §7071(c)(2)
Quantity Owned/Sought: LENCO BEAR-CAT, 1 owned
Lifespan: Approximately 25 years
Purpose/Capabilities/Description:
o LENCO Ballistic Engineered Armored Response Counter-Attack Truck (BEARCAT). The BEARCAT, or rescue vehicles, are primarily used during high-risk tactical enforcement operations, officer rescues, and vehicle borne interventions.
o Capable of transporting personnel and equipment while providing them with armored protection from gunfire. Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects. Additional deployments are used during criminal unrest and riots.
o Rescue vehicles are deployed for on-campus active shooter incidents to rescue injured victims.
o 4X4 capability to transport or evacuate victims in floods, fires, or other natural disasters.
o Rescue vehicles provide numerous safety capabilities for law enforcement, victim rescues, and overall community safety.
o BEARCAT vehicles have attachable metal booms that can be used for breaching structures, fences, or ramming objects during high-risk incidents, to include active shooter incidents on school grounds or buildings. o BEARCAT vehicles are equipped with heavy-duty metal hooks and straps designed to safely pull fortified doors and windows open, allowing for secure and efficient entry.

Fiscal Impacts: Initial cost approximately $250,000. Annual maintenance costs approximately $2,000.

Legal/Procedural Rules Governing Use: Use shall be in accordance with California State law regarding the operation of motor vehicles.

Training Required: The Special Weapons and Tactics team provides internal training for staff members prior to allowing them to operate these vehicles. The officers are trained in vehicle operation, equipment use and driving.

4. Command and Control Vehicles used to facilitate the operational control and direction of public safety units – CA Gov’t Code §7071(c)(4)
Quantity Owned/Sought: Mobile Command Post, 1 owned
Lifespan: Approximately 27 years
AB 481 Military Equipment Use Report - 2023 Page 12 of 19 Purpose/Capabilities/Description: Command vehicles are built in various platforms to include ½ ton pickup chassis, vans, trailers, and RV style configurations. Vehicles are built to better assist in command and control during law enforcement operations, natural disasters, and public safety issues. Vehicles are designed with additional communication abilities, computers, white boards, lighting, generators, and mission essential supplies.

Fiscal Impact: Initial cost approximately $30,000. Annual maintenance costs approximately $1,000.

Legal/Procedural Rules Governing Use: Use shall be in accordance with California State law regarding the operation of motor vehicles.

Training Required: Members of the Huntington Park Police Department conduct routine training in the operation and use of command-and-control vehicles. SWAT operators are trained internally regarding the operations and functions of the command-and-control vehicle.

5. Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) - defined under PC 30510 & PC 30515
a. Rifles: Bush Master, Colt, Ruger, Yankee Hill, Heckler & Koch, Daniel Defense, or any other department approved brand, quantity not to exceed 100.

Lifespan: Approximately 10 years
Purpose/Capabilities/Description:
o The Carbine Rifles are fired from shoulder level and are capable of firing the .223 / 5.56 cartridge.
o Increased accuracy and precision at long-range distance to address a threat, if present and feasible.
o Currently used by most law enforcement agencies across the nation. o Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. o All SWAT operators utilize a carbine rifle during high-risk SWAT operations.

Fiscal Impacts: The initial cost of AR-15 style rifles are approximately $1,000- $1,200 each. The ongoing costs for ammunition will vary and maintenance will be conducted by departmental staff.

Training Required: Officers must successfully complete a CA POST certified carbine rifle course, or its equivalent, as well as regular department carbine rifle training and qualifications as required by law and policy.

AB 481 Military Equipment Use Report - 2023 Page 13 of 19 b. Sub machine gun: Heckler & Koch MP-5, quantity: not to exceed 20.

Lifespan: Approximately 25 years
Purpose/Capabilities/Description:
o The MP-5 is fired from shoulder level and are capable of firing the 9mm cartridge.
o Increased accuracy and precision at short-range distance to address a threat, if present and feasible.
o Currently used by most law enforcement agencies across the nation. o SWAT may deploy the MP-5 in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed.

Fiscal Impacts: The initial cost of the MP-5 was approximately $1,400 each. The ongoing costs for ammunition will vary and maintenance will be conducted by departmental staff.

Training Required: Officers must successfully complete a CA POST certified sub machine gun course, or its equivalent, as well as regular department MP5 training and qualifications as required by law and policy.
c. Bolt action rifles: Ruger M78 and Remington 700: not to exceed 5.

Lifespan: The Sniper Rifle does not have an expiration and will need to be serviced or replaced when the rifle fails or breaks.

Purpose/Capabilities/Description:
o The Sniper element of SWAT deploys with precision rifles, which enables the stopping of an armed subject at a safe distance. The Sniper Rifle does not have an expiration and will need to be serviced or replaced when the rifle fails or breaks.

Fiscal Impacts: Approximately $1,500.00 each. The ongoing costs for ammunition will vary and maintenance will be conducted by departmental staff.

Training Required: Officers must successfully complete a CA POST certified sniper rifle course, or its equivalent, as well as regular department SWAT sniper rifle training and qualifications as required by law and policy.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Huntington Park Police Department Policies on Use of Force and Firearms.

AB 481 Military Equipment Use Report - 2023 Page 14 of 19

6. Diversionary Devices - CA Gov’t Code §7070(c)(12)
Quantity Owned/Sought: Defense Technology Low Roll, not to exceed 100 Lifespan: 5 years
Purpose/Capabilities/Description:
o Noise Flash Diversionary Device (NFDD- “Flashbangs”) are used to minimize risk to all parties through the temporary distraction or disorientation of armed and violent suspects that pose significant danger to law enforcement personnel and community.
o The effects of the NFDD reduce a suspect’s reactionary capabilities and allow for momentary disorientation which creates a tactical advantage. NFDD is a hand delivered device and generally deployed on the exterior and interior of structures
o Provides a humane fright to aggressive dogs that pose a threat to law enforcement personnel
o A diversionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.

Fiscal Impact: Initial cost per item approximately $100.00. No annual maintenance cost.

Legal/Procedural Rules Governing Use: Huntington Park Police Department Policy is to utilize diversionary devices only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: The Special Weapons and Tactics team provides internal training by POST certified instructors, for SWAT members only, prior to allowing them to use any of these devices.

7. Chemical Agents and Smoke canisters - CA Gov’t Code §7070(c)(12) Quantity Owned/Sought: CS, OC & Smoke Canisters, not to exceed 500 Lifespan: 5 years
Purpose/Capabilities/Description:
o To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

AB 481 Military Equipment Use Report - 2023 Page 15 of 19 o Chemical agents are deployed through various means to include hand delivery and weapon launchable, such as pepper ball. Munitions are 40mm caliber OC, shotgun ferret rounds or canister shotgun launched ordinance.

Hand delivered chemical agents are placed in metal burn boxes to reduce fire hazards.
o May be used for dangerous and/or combative subjects, barricaded subjects, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage may be gained, potentially viscous animals, training exercises or approved demonstrations.

Fiscal Impact: Initial cost per item approximately $50. No annual maintenance cost.

Legal/Procedural Rules Governing Use: Huntington Park Police Department policy is to utilize chemical agents only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: The Special Weapons and Tactics provides internal training by POST certified instructors for SWAT members prior to allowing them to use any of these items.

8. 40mm Less Than Lethal Launchers and Kinetic Energy Munition - CA Gov’t Code §7070(c)(14)
Quantity Owned/Sought: Defense Technology 40mm single launcher, not to exceed 20
Lifespan: Approximately 15 years
Purpose/Capabilities/Description:
o The 40mm less than lethal Launchers and Kinetic Energy Munitions are intended for use as a less than lethal use of force option. o Less than lethal 40mm launchers and rubber projectile munitions are configured for high and low energy impact. Munitions have the additional benefit as a barrier round for breaking vehicle, residential and industrial building glass so that chemical munitions can be deployed along with other aerial drone or ground robotic technology.
o 40mm less than lethal launchers have been 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.
o 40mm less than lethal launchers are light weight, versatile and used worldwide by police and corrections officers.
o The 40MM launcher family of products is available in single-shot, springadvance multi, and pump-advance multi-versions.

AB 481 Military Equipment Use Report - 2023 Page 16 of 19 Fiscal Impacts: The initial cost of each 40mm launcher was approximately $1,050.00. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: Huntington Park Police Department policy is to utilize less than lethal launchers and kinetic energy munitions only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: Officers must complete a POST certified 40mm course which is taught in-house by POST certified instructors, as well as regular training and qualifications as required by law and policy. There are various Huntington Park Police Department policies on Use of Force and Crowd Control.

SECTION TWO: ALLIED AGENCY / MUTUAL AID EQUIPMENT
Specialized equipment inventory known to be owned and/or utilized by law enforcement agencies with which the Huntington Park Police Department collaborates with and/or may require assistance from in a mutual-aid situation for law enforcement services.

1. Mine Resistant Ambush Protected Vehicle (MRAP) - CA Gov’t Code §7071(c)(2) Purpose/Capabilities/Description: The MRAP is a large ballistic armored rescue vehicle deployed during search warrant services and primarily in open desert areas requiring extreme off-road capability. The MRAP is also used for large parcel outdoor illegal marijuana grow enforcement. Operation requires a Class “B” driver’s license. Capable of transporting personnel and equipment while providing them with armored protection from gunfire.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: The MRAP can be deployed any time tactical operators determine that there is a need to move personnel and/or resources into areas in which they have reason to expect potential armed resistance requiring its protection.

Training Required: None, Equipment owned, maintained, and operated by another agency.

AB 481 Military Equipment Use Report - 2023 Page 17 of 19

2. Armored Vehicles with breaching or entry apparatus or water cannon- CA Gov’t Code §7071(c)(2)
Purpose/Capabilities/Description:
o LENCO Ballistic Engineered Armored Response Counter-Attack Trucks (BEARCATS). The BEARCAT’s are primarily used during high-risk tactical enforcement operations, officer rescues, and vehicle borne interventions.

Additional deployments are used during criminal unrest and riots. Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects.
o Rescue vehicle for on-campus active shooter incidents to rescue injured victims.
o 4X4 capability to transport or evacuate victims in a natural disaster. o BOMB-CAT bullet resistant rescue vehicle provisioned with a front mounted Water Cannon. Ordinances is for tactical operations and explosive ordinance mitigation and fire suppression.
o Rescue vehicles provide numerous safety capabilities for law enforcement, victim rescues, and overall community safety.
o TAC-CAT vehicle- A tracked bullet resistant caterpillar tractor driven and deployed during high-risk and tactical operations, with various hydraulic boom attachments including claw, chemical agent dispersal box and ram extension.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: Use shall be in accordance with California State law regarding the operation of motor vehicles.

Training Required: None, Equipment owned, maintained, and operated by another agency.

3. Long Range Acoustic Device (LRAD) - CA Gov’t Code §7071(c)(13) Purpose/Capabilities/Description: LRAD is an acoustic hailing device used for emitting amplified public announcements during search warrant services, barricaded suspects, or tactical operations. The loud audible technology ensures broadcasted announcements are loud and clear while offering advantages over less amplified patrol car PA systems. The larger LRAD 1000 system is portable and can be used for criminal unrest and rioting to provide clear dispersal orders for unlawful assembly. LRAD can also be used for any public announcements or safety advisements during natural disasters or evacuations.

AB 481 Military Equipment Use Report - 2023 Page 18 of 19 Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: LRADs can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc.

Training Required: None, Equipment owned, maintained, and operated by another agency.

4. Explosive breaching tools - CA Gov’t Code §7071(c)(12) Purpose/Capabilities/Description: Explosive breaching tools are used to breach fortified structures to establish a point of entry. Explosive charges are fashioned to produce little to no fragmentation at the time of detonation. Explosive breaching effectively reduces the time spent overcoming a fortified door or structure. The reduction in time mitigating a hardened structure increasing officer safety and the element of surprise. Blast injuries are reduced by using low yield explosives that mechanically overcome door frames and locking mechanisms. Explosive breaching mandates extensive schooling and certification processes.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: Diversionary devices and explosive breaching tools are only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: None, Equipment owned, maintained, and operated by another agency.

5. Pressurized battering rams, slugs and breaching equipment apparatuses that are explosive in nature - CA Gov’t Code §7071(c)(7)
Purpose/Capabilities/Description: Explosive breaching tools are used to breach fortified structures to establish a point of entry. Explosive charges are fashioned to produce little to no fragmentation at the time of detonation. Explosive breaching effectively reduces the time spent overcoming a fortified door or structure. The reduction in time mitigating a hardened structure increasing officer safety and the element of surprise. Blast injuries are reduced by using low yield explosives that mechanically overcome door frames and locking mechanisms. Explosive breaching mandates extensive schooling and certification processes.

AB 481 Military Equipment Use Report - 2023 Page 19 of 19 Avon frangible shotgun ammunition is used to breach doors and points of entry on fortified doors or structures. The rounds are used to impact door hinges, doorknobs, and locks.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: Diversionary devices and explosive breaching tools are only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: None, Equipment owned, maintained, and operated by another agency.

Pursuant to California Government Code §7071(d)(7), members of the public may register complaints, concerns, or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:

1. Via email to: [email protected]

2. Via phone call to: (323) 584-6254

3. Via mail sent to: Huntington Park Police Department - Attention: Military Equipment Use Coordinator: 6542 Miles Ave., Huntington Park, CA 90255 The Huntington Park Police Department is committed to responding to complaints, concerns and/or questions regarding its Military Equipment in a timely manner.

DocuSign Envelope ID: 66EC8684-0843-471D-8969-B975DFFAAB0F 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 itjto 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.

ATTACHMENT "B"

Published with permission by Huntington Park Police
Department
Military Equipment Use Policy - 1
Military Equipment Use Policy
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 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.

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Department
Military Equipment Use Policy - 2
706.2 POLICY
It is the policy of the Huntington Park Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 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 Huntington Park 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.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: Huntington Park PD Military Equipment List 04-28-22.pdf 706.5 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). The Huntington Park Police Department
Huntington Park PD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2023/10/02, All Rights Reserved.

Published with permission by Huntington Park Police
Department
Military Equipment Use Policy - 3
military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(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. 706.6 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. 706.7 USE IN EXIGENT CIRCUMSTANCES
The Huntington Park Police Department works closely with local, county, state and federal partners within Los Angeles County. In exigent circumstances and with the approval of the Chief of Police or his/her designee, military equipment may be deployed from outside entities to promote the safety and security of community members. If the Huntington Park Police Department acquires, borrows, or uses military equipment in exigent circumstances, it will provide written notification of the acquisition, borrowing or use to City Council within 30 days following the commencement of such exigent circumstances unless such information is confidential or privileged under local, state or federal law.

Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.

If military equipment from an outside law enforcement agency is expected to be used during a pre-planned event in Huntington Park, the Huntington Park Police Department will provide written notification of its intended use to City Council at least 30 days prior to the event.

In some instances such as a planned high risk warrant, the use of military equipment from another agency may be needed to safely execute the operation. If another agency's military equipment is Huntington Park Police Department
Huntington Park PD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2023/10/02, All Rights Reserved.

Published with permission by Huntington Park Police
Department
Military Equipment Use Policy - 4
used, the Huntington Park Police Department will provide a written explanation to City Council of its use no later than 30 days after the event.
706.8 ANNUAL REPORT
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. 706.9 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.

Published with permission by Huntington Park Police
Department
Huntington Park PD Military Equipment List
04-28-22 .pdf - 6
Huntington Park PD Military
Equipment List 04-28-22 .pdf
Huntington Park PD Military Equipment List 04-28-22 .pdf 1 Policy 706: AB481 Military Equipment List
2 Section One: Huntington Park Police Department Specialized Equipment Inventory

1. Unmanned Aircraft Systems (UAS/Drones)- CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: DJI Camera Drones, not to exceed 4 Lifespan: Approximately 5 years
Purpose/Capabilities/Description:
o Search and locate reported missing children or at-risk adults o Search and rescue operations to locate lost or injured hikers o A law enforcement specific application involving Aerial drones are used for open terrain or large field searches as a force-multiplier to assist in high-risk apprehensions of armed or violent suspects. Aerial drones can be used as an interior search tool to locate suspects barricaded inside a residence or commercial structure.
o Unmanned robotics have numerous applications and are used instead of personnel in high-risk environments to increase safety for law enforcement
o Gain visual/audio data and remotely clear buildings and structure Fiscal Impacts: The initial costs of equipment, licensing, software and training is approximately $15,000.00. Ongoing cost associated with remotely piloted aircraft/ground vehicles and maintenance is estimated to be approximately $2,000 per year.

Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.
3 2. Unmanned, remotely piloted, powered ground vehicles- CA Gov’t Code §7070(c)(1)
Quantity Owned/Sought: Recon Robotics Scout, not to exceed 1 Lifespan: Approximately 15 years
Purpose/Capabilities/Description:
o Deliver Crisis Negotiation Phone, open doors, disrupt packages o Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.
o Gain visual/audio data and remotely clear buildings and structure o Unmanned robotics have numerous applications and are used instead of personnel in high-risk environments to increase safety for law enforcement
Fiscal Impacts: The initial costs of equipment, licensing, software and training was approximately $6,000.00. Ongoing cost associated with remotely piloted aircraft/ground vehicles and maintenance is estimated to be approximately $200 per year.

Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).

Training Required: The Special Emergency Response Team (SERT) provides internal training for staff members prior to allowing them to operate these vehicles. The officers are trained in vehicle operation, equipment use, and driving.

3. Armored vehicles with breaching or entry apparatus attachable - CA Gov’t Code §7071(c)(2)
Quantity Owned/Sought: LENCO BEAR-CAT, 1 owned
Lifespan: Approximately 25 years
Purpose/Capabilities/Description:
o LENCO Ballistic Engineered Armored Response Counter-Attack Truck (BEAR-CAT). The BEAR-CAT, or rescue vehicles, are primarily used during high-risk tactical enforcement operations, officer rescues, and vehicle borne interventions. Additional deployments are used during 4 criminal unrest and riots. Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects. o Rescue vehicle for on-campus active shooter incidents to rescue injured victims.
o 4X4 capability to transport or evacuate victims in floods, fires, or other natural disasters.
o Rescue vehicles provide numerous safety capabilities for law enforcement, victim rescues, and overall community safety. o BEAR-CAT vehicles have attachable metal booms that can be used for breaching structures, fences, or ramming objects during high-risk incidents, to include active shooter incidents on school grounds or buildings.

Fiscal Impacts: Initial cost approximately $250,000. Annual maintenance cost approximately $2,000.

Legal/Procedural Rules Governing Use: Use shall be in accordance with California State law regarding the operation of motor vehicles.

Training Required: The Special Emergency Response Team provides internal training for staff members prior to allowing them to operate these vehicles. The officers are trained in vehicle operation, equipment use, and driving.

4. Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) - defined under PC 30510 & PC 30515
a. Rifles: Bush Master, Colt, Ruger, Yankee Hill, Heckler & Koch, quantity:
not to exceed 100.

Lifespan: Approximately 15 years
Purpose/Capabilities/Description:
o The Carbine Rifles are fired from shoulder level and are capable of firing the .223 / 5.56 cartridge.
o Increased accuracy and precision at long-range distance to address a threat, if present and feasible.
o Currently used by most law enforcement agencies across the nation. o Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed.

Fiscal Impacts: The initial cost of AR-15 style rifles are approximately $1,000-$1,200 each. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.
5 b. Sub machine gun: Heckler & Koch MP-5, quantity: not to exceed 20.

Lifespan: Approximately 25 years
Purpose/Capabilities/Description:
o The MP-5 is fired from shoulder level and are capable of firing the 9mm cartridge.
o Increased accuracy and precision at long-range distance to address a threat, if present and feasible.
o Currently used by most law enforcement agencies across the nation. o Officers may deploy the MP-5 in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed.

Fiscal Impacts: The initial cost of the MP-5 was approximately $1,400 each. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.
c. Bolt action rifles: Ruger M78 and Remington 700: not to exceed 5.

Lifespan: The Sniper Rifle does not have an expiration and will need to be serviced or replaced when the rifle fails or breaks.

Purpose/Capabilities/Description:
o The Sniper element of SERT deploys with precision rifles, which enables the stopping of an armed subject at a safe distance. The Sniper Rifle does not have an expiration and will need to be serviced or replaced when the rifle fails or breaks.

Fiscal Impacts: Approximately $1,500.00 each. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Huntington Park Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST certified patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.

5. Diversionary Devices - CA Gov’t Code §7070(c)(12)
Quantity Owned/Sought: DEFTECH Low Roll, not to exceed 100 Lifespan: 5 years
Purpose/Capabilities/Description:
6 o Light Sound Diversionary Device (LSDD- “Flashbangs”) are used to minimize risk to all parties through the temporary distraction or disorientation of armed and violent suspects that pose significant danger to law enforcement personnel and community.
o The effects of the LSDD reduce a suspect’s reactionary capabilities and allow for momentary disorientation which creates a tactical advantage.

LSDD is a hand delivered device and generally deployed on the exterior of structures
o Provides a humane fright to aggressive dogs that pose a threat to law enforcement personnel
o A diversionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.

Fiscal Impact: Initial cost per item approximately $100.00. No annual maintenance cost.

Training Required: The Special Emergency Response Team provides internal training by POST certified instructors for staff members prior to allowing them to use any of these items.

6. Chemical Agents and Smoke canisters - CA Gov’t Code §7070(c)(12) Quantity Owned/Sought: CS, OC & Smoke Canisters, not to exceed 500 Lifespan: 5 years
Purpose/Capabilities/Description:
o To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
o Chemical agents are deployed through various means to include hand delivery and weapon launchable, such as pepper ball. Munitions are 40mm caliber, shotgun ferret rounds or canister shotgun launched ordinance. Hand delivered chemical agents are placed in metal burn boxes to reduce fire hazards
o May be used for dangerous and/or combative subjects, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage may be gained, potentially viscous animals, training exercises or approved demonstrations, circumstances where a tactical advantage can be obtained.
7 Fiscal Impact: Initial cost per item approximately $50. No annual maintenance cost.

Training Required: The Special Emergency Response Team provides internal training by POST certified instructors for staff members prior to allowing them to use any of these items.

7. 40mm Less Than Lethal Launchers and Kinetic Energy Munition - CA Gov’t Code §7070(c)(14)
Quantity Owned/Sought: Defense Technology 40mm single launcher, not to exceed 20
Lifespan: Approximately 15 years
Purpose/Capabilities/Description:
o The 40mm less than lethal Launchers and Kinetic Energy Munitions are intended for use as a less than lethal use of force option. o Less than lethal 40mm launchers and rubber projectile munitions are configured for high and low energy impact. Munitions have the additional benefit as a barrier round for breaking vehicle and residential glass so that chemical munitions can be deployed.
o 40mm less than lethal launchers have been 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. o 40mm less than lethal launchers are light weight, versatile and used worldwide by police and corrections officers.
o The 40MM launcher family of products is available in single-shot, springadvance multi, and pump-advance multi-versions.

Fiscal Impacts: The initial cost of each 40mm launcher was approximately $1,050.00. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.

Training Required: Officers must complete a POST certified 40mm course, as well as regular training and qualifications as required by law 8 and policy. There are various Huntington Park Police Department policies on Use of Force and Crowd Control.

Section Two: Specialized Equipment Inventory known to be owned and/or utilized by law enforcement agencies with which the Huntington Park Police Department collaborates with and/or may require assistance from, in a mutual-aid situation for law enforcement services.

1. Mine Resistant Ambush Protected Vehicle (MRAP) - CA Gov’t Code §7070(c)(2)
Quantity Owned/Sought: None
Lifespan: Unknown
Purpose/Capabilities/Description: The MRAP is a large ballistic armored rescue vehicle deployed during search warrant services and primarily in open desert areas requiring extreme off-road capability. The MRAP is also used for large parcel outdoor illegal marijuana grow enforcement. Operation requires a Class “B” driver’s license. Capable of transporting personnel and equipment while providing them with armored protection from gunfire.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Training Required: None, Equipment owned, maintained, and operated by another agency.

2. Armored Vehicles with breaching or entry apparatus or water cannon- CA Gov’t Code §7070(c)(2)
Quantity Owned/Sought: None
Lifespan: Unknown
Purpose/Capabilities/Description:
o LENCO Ballistic Engineered Armored Response Counter-Attack Trucks (BEARCATS). The BEARCAT’s are primarily used during high-risk tactical enforcement operations, officer rescues, and vehicle borne interventions. Additional deployments are used during criminal unrest and riots. Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects
9 o Rescue vehicle for on-campus active shooter incidents to rescue injured victims
o 4X4 capability to transport or evacuate victims in a natural disaster o BOMB-CAT bullet resistant rescue vehicle provisioned with a front mounted Water Cannon. BOMB-CAT use is for tactical operations and explosive ordinance mitigation and fire suppression
o Rescue vehicles provide numerous safety capabilities for law enforcement, victim rescues, and overall community safety o TAC-CAT vehicle- A tracked bullet resistant caterpillar tractor driven and deployed during high-risk and tactical operations, with various hydraulic boom attachments including claw, chemical agent dispersal box and ram extension
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: Use shall be in accordance with California State law regarding the operation of motor vehicles.

Training Required: None, Equipment owned, maintained, and operated by another agency.

3. Long Range Acoustic Device (LRAD) - CA Gov’t Code §7070(c)(13) Quantity Owned/Sought: None
Lifespan: Unknown
Purpose/Capabilities/Description: LRAD is an acoustic hailing device used for emitting amplified public announcements during search warrant services, barricaded suspects, or tactical operations. The loud audible technology ensures broadcasted announcements are loud and clear while offering advantages over less amplified patrol car PA systems. The larger LRAD 1000 system is portable and can be used for criminal unrest and rioting to provide clear dispersal orders for unlawful assembly. LRAD can also be used for any public announcements or safety advisements during natural disasters or evacuations
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: LRADs can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc.

Training Required: None, Equipment owned, maintained, and operated by another agency.

4. Explosive breaching tools - CA Gov’t Code §7070(c)(12) 10 Quantity Owned/Sought: None
Lifespan: Unknown
Purpose/Capabilities/Description: Explosive breaching tools are used to breach fortified structures to establish a point of entry. Explosive charges are fashioned to produce little to no fragmentation at the time of detonation.

Explosive breaching effectively reduces the time spent overcoming a fortified door or structure. The reduction in time mitigating a hardened structure increasing officer safety and the element of surprise. Blast injuries are reduced by using low yield explosives that mechanically overcome door frames and locking mechanisms. Explosive breaching mandates extensive schooling and certification processes
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: Diversionary devices and explosive breaching tools are only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: None, Equipment owned, maintained, and operated by another agency.

5. Non-handheld battering rams, slugs and breaching equipment apparatuses that are explosive in nature - CA Gov’t Code §7070(c)(7) Quantity Owned/Sought: None
Lifespan: Unknown
Purpose/Capabilities/Description: Explosive breaching tools are used to breach fortified structures to establish a point of entry. Explosive charges are fashioned to produce little to no fragmentation at the time of detonation.

Explosive breaching effectively reduces the time spent overcoming a fortified door or structure. The reduction in time mitigating a hardened structure increasing officer safety and the element of surprise. Blast injuries are reduced by using low yield explosives that mechanically overcome door frames and locking mechanisms. Explosive breaching mandates extensive schooling and certification processes
Avon frangible shotgun ammunition is used to breach doors and points of entry on fortified doors or structures. The rounds are used to impact door hinges, doorknobs, and locks.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
11 Legal/Procedural Rules Governing Use: Diversionary devices and explosive breaching tools are only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: None, Equipment owned, maintained, and operated by another agency.

6. Command and Control Vehicles used to facilitate the operational control and direction of public safety units – CA Gov’t Code §7070(c)(5) Quantity Owned/Sought: None
Lifespan: 20-year lifespan on chassis and vehicle structure. Upgrades needed every 5-7 years to maintain IT systems.

Purpose/Capabilities/Description: Command vehicles are built in various platforms to include ½ ton pickup chassis, vans, trailers, and RV style configurations. Vehicles are built to better assist in command and control during law enforcement operations, natural disasters, and public safety issues. Vehicles are designed with additional communication abilities, computers, white boards, lightening, generators, and mission essential supplies.

Fiscal Impact: Approximately $11,000.00 annually. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: Use shall be in accordance with California State law regarding the operation of motor vehicles.

Training Required: Only officers trained in the deployment and operations of the MIC are authorized to operate it.

1. Via email to: [email protected]

2. Via phone call to: (323) 584-6254

3. Via mail sent to: Huntington Park Police Department Attn: Military Equipment Use Coordinator: 6542 Miles Ave., Huntington Park, CA 90255 The Huntington Park Police Department is committed to responding to complaints, concerns and/or questions regarding its Military Equipment in a timely manner. 10/30/23, 1:32 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 1/5 SHARE THIS: Date Published: 10/01/2021 09:00 PM
AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. (2021-20 Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment.
[ Approved by Governor September 30, 2021. Filed with Secretary of State September 30, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites ATTACHMENT "D"
10/30/23, 1:32 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 2/5 public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. (d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment 7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means 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 multipurpose 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 all-terrain 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. 10/30/23, 1:32 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 3/5 (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. (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 the 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 “pepper balls,” 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. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) “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.
(f) “Type” means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (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. 10/30/23, 1:32 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 4/5 (D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(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 pursuant to this chapter.
(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 by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy 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.
(2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body 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. (f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs. 7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use.

The law enforcement agency 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. 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. 10/30/23, 1:32 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 5/5 (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(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.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general 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. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (2) 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. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee. 7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

ITEM 10
December 16, 2024

CITY OF HUNTINGTON PARK
Office of the City Clerk
City Council Agenda Report
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:

COUNCIL APPOINTMENTS TO VARIOUS COMMISSIONS
IT IS RECOMMENDED THAT CITY COUNCIL:

1. Make appointments to Commissions consistent with provisions set forth in Resolution No. 2015-19.

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
On May 18, 2015, the City Council adopted Resolution No. 2015-19 which established a new process for making appointments to various City Commissions.

Individuals appointed to Commissions will be required to submit to a LiveScan and subsequently take an Oath of Office.

FISCAL IMPACT
There is no fiscal impact. Compensation for added Commissioners has been budgeted for FY 2024/25 to account 111-0123-413.19-05.

CONCLUSION
Terms will run concurrent with the Council Member who appoints. After the appointment the City Clerk will notify applicants of their appointments.

COUNCIL APPOINTMENT TO CIVIL SERVICE COMMISSION
December 16, 2024

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Respectfully submitted,

RICARDO REYES
City Manager

EDUARDO SARMIENTO,
City Clerk

ATTACHMENT(S)
A. Resolution No. 2015-19, Adopting Revised Rules, Method of Appointment, Guidelines for the Conduct of Meetings and Structure for all Commissions of the city and Repealing all Prior Resolutions or Provisions in Conflict with the Provisions Contained Herein.
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ATTACHMENT "A"
RESOLUTION NO. 2015-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HUNTINGTON PARK ADOPTING REVISED RULES, METHOD

OF APPOINTMENT, GUIDELINES FOR THE CONDUCT OF

MEETINGS AND STRUCTURE FOR ALL COMMISSIONS OF

THE CITY AND REPEALING ALL PRIOR RESOLUTIONS OR

PROVISIONS IN CONFLICT WITH THE PROVISIONS

CONTAINED HEREIN
WHEREAS, the City Council has decided to amend all commission resolutions to provide for congruent and consistent regulation and structure across all City Commissions.

THE CITY COUNCIL OF THE CITY OF HUNTINGTON PARK DOES
RESOLVE AS FOLLOWS:

SECTION 1: Establishment of City Commissions.

The City has currently established the following commissions to serve in the capacity as advisory bodies to the City Council:

Planning Commission
Civil Service Commission
Parks and Recreation Commission
Health and Education Commission
Historic Preservation Commission
Youth Commission (pending approval).

This Resolution is intended to govern and supersede all prior resolutions establishing and amending member qualifications, organizational rules, guidelines and structure for City Commissions and hereby repeals all provisions in conflict with the provisions contained herein by the adoption of the revised provisions below. This Resolution will also govern over provisions of City ordinances currently in existence, but which will be repealed or amended for consistency with this Resolution. This Resolution shall also govern and control any additional Commission created by the City Council in addition to those enumerated above.

SECTION 2: Membership.

All City Commissions shall consist of five (5) members, with the exception of the Youth Commission which shall consist of ten (10) youth from the City as defined below. All members of each Commission shall be a resident of the City of Huntington Park, however, at the City Council's discretion, no more than two (2) Commissioners for any Commission may be non-Huntington Park residents. Each person seeking appointment to a Commission shall complete an application provided by the City and submit to a Live Scan background check before being appointed to a Commission and before being sworn in to office.
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SECTION 3: Appointment, Reappointment and Removal.

Each member of the City Council shall have authority to appoint one (1) member to each Commission, with the exception of the Youth Commission, which shall consist of two (2) members appointed by each City Councilmember. Each Councilmember shall appoint their Commissioners within sixty (60) days of assuming office, or from the adoption of this Resolution, or from a vacancy occurring for said Commission position for that respective Councilmember appointment. If no appointment is made within sixty (60) days of assuming office, or from the adoption of this Resolution, or from a vacancy occurring for said Commission position, the Mayor shall appoint a member to the vacant seat.

Commission members may be removed from their appointment due to disqualification as provided for in this Resolution or upon the sole decision by the Councilmember who appointed that Commissioner. All appointments or removal of Commissioners shall occur at an open meeting of the City Council. If removal of a Commissioner occurs, the City Clerk shall send notice to that Commissioner at the last address on file with the City.

SECTION 4: Term of Office.

Each Commissioner's term shall be for a period of four years, unless removed by the appointing Councilmember or as a result of disqualification as set forth herein.

Notwithstanding the foregoing, no Commissioner shall serve for a period which exceeds the time in office for the Councilmember appointing that Commissioner. In the event that the appointing Councilmember completes his or her term, vacates their office or otherwise is no longer holding office, the term of the Commissioner appointed by said Councilmember shall end. However, nothing contained in this section shall prevent another Councilmember or the new Councilmember from appointing the individual back to the same Commission or to a different Commission.

SECTION 5: Vacancy Due to Disqualification.

When a member no longer meets the qualifications for the Commission, the member is therefore disqualified, and the office shall thereupon become vacant.

SECTION 6: Vacancy.

If for any reason a vacancy occurs, it shall be filled by appointment by the member of the City Council who appointed said Commissioner for the unexpired portion of such term.

SECTION 7: Quorum.

A majority of the total number of members of the Commission shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time for want of quorum and until a quorum can be obtained. - 2 -
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SECTION 8: Purpose.

The purpose, duties and responsibilities of each Commission shall be established by the City Council by ordinance and codified in the Huntington Park Municipal Code.

SECTION 9: Organization.

Annually in the month of March, the Commission shall elect one of its members as Chair and Vice-Chair. City staff shall act as the Commission Secretary. Staff liaisons shall act as the conduit for all communications to the City Council.

SECTION 10: Meetings.

Regular meetings of the Commission shall be as set by each Commission. The place of such meetings shall be at City Hall unless otherwise designated by the City Council or approved by a majority of the total membership of the Commission. When the day for such regular meetings falls on a legal holiday, the meeting shall not be held on such holiday, but shall be held at the same hour on the next succeeding day thereafter which is not a holiday. All meetings of the Commission shall be open and public, and subject to all laws of the state of California e.g. the Brown Act, governing open public meetings. The Commission shall adopt its own rules for the transaction of its business and keep a record of resolutions, findings and recommendations and actions voted upon. A report of each meeting of the Commission shall be given to the City Council.

SECTION 11: Termination of Commission.

Termination of the Commission shall be done at the will and vote of the City Council.

SECTION 12: Compensation.

Commission member compensation shall be set by resolution of the City Council.

SECTION 13: Commission Handbook.

All Commission Members must adhere to the prov1s1ons contained and referenced in the City of Huntington Park Commission Handbook as approved by the City Council.

SECTION 14:

The City Clerk shall certify to the adoption of this Resolution. - 3 -
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PASSED, APPROVED AND ADOPTED THIS 18th day of May, 2015.

ATTEST:
"'" --
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3 CERTIFICATION
4 STATE OF CALIFORNIA )
5 COUNTY OF LOS ANGELES ) SS
6 CITY OF HUNTINGTON PARK)
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I, Donna G. Schwartz, City Clerk of the City of Huntington Park, California, do hereby certify that the foregoing Resolution No. 2015-19 was duly passed and adopted 9 10
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28 by the City Council of the City of Huntington Park at a regular meeting of the City Council held on the 181h day of May, 2015, by the following vote, to wit:

AYES:

NOES:

ABSENT:

Council Member(s): Pineda, Sanabria, Vice Mayor Ortiz, Mayor Macias Council Member(s): None
Council Member(s): Amezquita
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed the Seal of the City of
Huntington °ark, this 201h day of May 2015.

PUBLIC HEARING(S)

CITY OF HUNTINGTON PARK
Office of the City Manager
City Council Agenda Report

December 16, 2024
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:

CONSIDERATION OF AN ORDINANCE AMENDING THE HUNTINGTON PARK

MUNICIPAL CODE BY ADDING A NEW CHAPTER RELATING TO THE

REGULATION OF LOBBYING ACTIVITIES
IT IS RECOMMENDED THAT CITY COUNCIL:

1. Conduct a public hearing and take public testimony; and

2. Waive the first reading and introduce an ordinance amending the Huntington Park Municipal Code by adding a new chapter relating to the regulation of lobbying activities; and

3. Schedule the second reading and adoption of said ordinance for the next City Council meeting.

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
This ordinance regulates lobbying activities within the City of Huntington Park to promote transparency, accountability, and public confidence in government. It introduces rules requiring lobbyists and vendors to register, disclose their activities, and adhere to reporting requirements. Additionally, it prohibits activities that may compromise the integrity of government operations, such as contingency fees, conflicts of interest, and inappropriate gifts.

This proposed ordinance aligns with state laws, including the California Political Reform Act, and reflects the City Council’s commitment to ensuring that lobbying activities are conducted transparently and ethically. The ordinance provides mechanisms to oversee lobbying activities and imposes penalties for non-compliance.

LEGAL REQUIREMENT
Lobbying Ordinance
December 16, 2024

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This ordinance complies with the California Political Reform Act and other applicable state laws. The city attorney has reviewed and approved it in its current form.

FISCAL IMPACT/FINANCING
This ordinance imposes a registration fee of $100 annually for lobbyists and vendors, with a reduced fee of $50 for registrations after July 1 of any given year. Additional fees of $25 per client will also be collected. The City Clerk’s Office will manage these fees, which are intended to offset administrative costs related to compliance and enforcement. No additional budget appropriations are required at this time.

CONCLUSION
Upon Council approval, staff will proceed with implementing the proposed ordinance, including publicizing the new regulations and coordinating with the City Clerk’s Office to establish the registration and reporting systems.

Respectfully submitted,

RICARDO REYES
City Manager

ATTACHMENT(S)
A. Lobbying Ordinance amending the Huntington Park Municipal Code by adding a new chapter relating to the regulation of lobbying activities - 1 -
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ORDINANCE NO. 2024-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF HUNTINGTON PARK, CALIFORNIA, AMENDING THE

HUNTINGTON PARK MUNICIPAL CODE BY ADDING A
NEW CHAPTER 12 OF TITLE 2 RELATING TO THE

REGULATION OF LOBBYING ACTIVITIES
WHEREAS, the City of Huntington Park (the “City”) is a municipal corporation and General Law City, pursuant to which it has the right and power to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in accordance with its “policing powers”; and
WHEREAS, the City Council desires to increase transparency, accountability, and public confidence in City government by establishing rules and regulations for lobbyists to register with the City and report their lobbying activities; and WHEREAS, while Article 3 (Lobbying, Chapter 1 (City Council) of Title 2 (Administration) currently prohibits lobbying activities from former City councilmembers, it does not regulate the activities of lobbyist in general; and WHEREAS, it is in the public interest to ensure that lobbyists do not misrepresent facts, their positions or attempt to deceive a City official through false communications; do not place a City official under personal obligation to themselves or their clients; and do not represent that they can control the actions of any City official; and
WHEREAS, to accomplish such purpose, it is necessary to amend the Huntington Park Municipal Code by adding a new Chapter 12 entitled “City Lobbying” relating to the regulation of lobbying activities in conformance with state law, including but not limited to, the California Political Reform Act (and as thereafter amended).

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON PARK AS FOLLOWS:

SECTION 1. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance.

SECTION 2. The City Council hereby approves adding Chapter 12 (City Lobbying) to Title 2 (Administration) to the Huntington Park Municipal Code to read as follows:

CHAPTER 12 CITY LOBBYING
2-12.101 Title.
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This Chapter shall be known and cited as the "City of Huntington Park Lobbying Ordinance."
2-12.102 Purpose.

The purpose of this ordinance is to promote transparency, accountability, and public confidence in government by regulating lobbying activities in the City of Huntington Park and ensuring that all stakeholders involved in influencing government decisions are subject to the same level of oversight. It is in the public interest to adopt this Chapter to ensure adequate and effective disclosure of information about efforts to lobby City government.
2-12.103 Definitions.

For the purposes of this Chapter, the following terms are defined as:
“City” means the City of Huntington Park, California.
“Client” means any person or entity that compensates or reimburses a lobbyist for the purpose of lobbying.
“Lobbyist” means any individual or entity who, for compensation or other economic consideration, engages in lobbying activities within the City of Huntington Park.

Lobbyist also includes any person, including a business, corporation, association, political action committee, or any other organization if its owners, officers, or employees have engaged in lobbying activity on its behalf and whose aggregate time engaging in lobbying activity total ten (10) hours or more in a consecutive twelve-month period.

“Lobbying” means any communication, whether oral, written, or electronic, with a public official or employee of the City of Huntington Park, for the purpose of influencing legislative or administrative action, including but not limited to decisions, policies, contracts, permits, licenses, or other matters within the official jurisdiction of the City. “Lobbying” does not include a communication:

1. Merely requesting information or inquiring about the facts or status of any municipal question, matter, or procedure, and not attempting to influence a City Official;

2. Made by a Public Official or employee (including, but not limited to, an official or employee of the City of Huntington Park) acting in his or her official capacity;

3. Made in the form of a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding;

4. Made in writing as a petition for official action and required to be a public record pursuant to established City procedures and applicable law;

5. Made in writing to provide information in response to an oral or written request by a City Official for specific information, the content of which is compelled by law;

6. Made by a technical consultant on behalf of an applicant to provide information, analysis, or explanation necessary to the proceedings or review of an application;
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7. Made in response to a public notice soliciting communications from the public and directed to the official specifically designated in the notice to receive such communications;

8. Appearing or providing comments during any public meeting;

9. Made in response to the submission of bids or responding to requests for proposals while directly communicating with the official or department specifically designated to received such information;

10.Made on behalf of an individual with regard to that individual’s employment or benefits;

11.Made and related to the establishment, amendment, administration, implementation or interpretation of a collective bargaining agreement or a memorandum of understanding between the City and a recognized employee association;

12.Made by a fact witness or expert witness at an official proceeding; or

13.Made by a person solely on behalf of that individual or his/her relative. “Person” or “person” means any individual, domestic or foreign corporation, for-profit or non-profit entity, firm, association, syndicate, union, chamber of commerce, jointstock company, partnership of any kind, limited liability company, common-law trust, society, or any other group of persons acting in concert not expressly exempt from application of this Chapter.

“Public Official” means any elected or appointed official, officer, or employee of the City of Huntington Park, including members of City Council, boards and commissions.

“Vendor” means any person, company, or entity that contracts with or seeks to contract with the City of Huntington Park to provide goods or services, and who directly or indirectly hires or compensates a lobbyist to influence City officials or City policy on their behalf.
2-12.104 Registration Requirements; Registration Fees.

Registration: All Lobbyists must register with the City Clerk’s Office within fifteen (15) days after qualifying as a “Lobbyist” under Section 2-12.103 and prior to engaging in any lobbying activities within the City. The registration process, including the form and manner of registration shall be determined by the City Clerk’s Office.
(a) Vendor Registration: Vendors who hire or compensate Lobbyists to influence City policies, decisions, or contracts must also register with the City Clerk’s Office within fifteen (15) days after hiring or compensating Lobbyist and comply with all applicable reporting requirements under this Chapter. (b) Disclosure: At the time of registration, Lobbyists and Vendors must disclose the following information:
i. The name, address, and contact information of the Lobbyist, including the names and contact information of all owners or sole proprietorships and partnerships of fewer than ten (10) persons. If registrant is a corporation, it shall also include the names of the president, secretary, chief financial officer, and agent for services of process, if any. - 4 -
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ii. The name, address, and contact information of the Client(s) or Vendor(s) on whose behalf the Lobbyist is acting, the nature of each Client’s business, the name of each person employed or retained by the Lobbyist to lobby on behalf of each Client.
iii. The specific issues or matters on which the Lobbyist or Vendor intends to lobby.
iv. Any financial interest the Lobbyist or Vendor has in the matter being lobbied.
v. The name, address, title and telephone number of the person responsible for preparing the report, together with that individual’s signature attesting to the authority of the signatory and the accuracy and truthfulness of the information submitted.
(c) Annual Renewal: Lobbyists and Vendors must renew their registration annually by January 31st of each year, and update their registration within ten (10) days of any material change in the information previously submitted. After initial registration, annual registration renewal will not be required if a declaration attesting to the termination of Lobbying services within the City has been filed with the City Clerk no later than January 31st.
(d) Registration Fees:
i. Persons subject to the registration requirements of this Chapter shall pay an annual fee of one hundred dollars ($100.00), or as hereafter set by the City Council by resolution. Persons registering for the first time on or after July 1st of a given year, shall pay a reduced registration fee of fifty dollars ($50.00), or as hereafter set by the City Council by resolution. ii. The applicable registration fee is due at the time of registration or registration renewal. Payment will be deemed delinquent thereafter. A fine of twenty-five dollars ($25.00) per day for delinquent fees may be assessed by the City. A maximum of five hundred dollars ($500.00) may be assessed until compliance. Delinquent fee amounts may be amended by City Council resolution.
iii. In addition to the annual fee, each registrant shall pay twenty-five dollars ($25.00), or such amount hereafter set by the City Council by resolution, per client for whom Lobbying is undertaken for compensation in excess of five hundred dollars ($500.00). The fees for Client as of the date of initial registration shall be submitted with the registration. The fees for subsequent Clients will be due and submitted at the time of the submission of the relevant quarterly report as required pursuant to Section 2-12.105 below.
2-12.105 Reporting Requirements.
(a) Quarterly Reports: Registered Lobbyists and Vendors must file quarterly reports with the City Clerk’s Office not later than fifteen (15) calendar days after the end of the qualifying quarter whether or not any Lobbying activities have occurred during such period, detailing the same information as required to be disclosed in the initial registration and their Lobbying activities, including, but not limited to:
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i. The names of Public Officials contacted.
ii. The dates and nature of the communications.
iii. The issues discussed.
iv. Any contributions or gifts made to Public Officials or their campaigns. v. If a Lobbyist has terminated all Lobbying activities during such quarter, the Lobbyist may file a declaration of termination with the quarterly report. The final quarterly report shall include disclosure of any Lobbying activities during the quarter of termination.
vi. Quarterly reports are to be filed by April 30, July 30, October 30 and January 30, for the prior calendar quarter, and shall be considered delinquent thereafter. Electronic reporting is preferred, but such filing procedures may be amended from time to time by the City Clerk. vii. Copies of the records pertaining to the above-required reports shall be preserved by the Lobbyist for inspection and audit purposes for a period of four (4) years from the date of production.
(b) Gift Reporting: Lobbyists and vendors must report any gift, contribution, or donation made to a public official or their immediate family members exceeding $50 in value.
(c) 24-Hour Reporting Requirement After Agenda Publication:
i. Within 24 hours after the publication of a City Council agenda, all Lobbyists, Vendors, City staff, and Public Officials must report any communication, meeting, or activity related to any item on that agenda. ii. This report must include the date, time, subject matter, and the names of all parties involved in the communication or activity.
iii. Failure to comply with this 24-hour reporting requirement shall result in a civil penalty of up to $5,000 per violation.
(d) Lobbyist Identification: When appearing in a “Lobbying” capacity at a public meeting of the City Council or other City board or commission, a Lobbyist shall identify himself/herself and the Client(s) on whose behalf he/she is appearing, and a business or organization he/she represents.
2-12.106 Prohibited Activities.
(a) Unauthorized Communications: Sending or causing any communication to be sent to any City Public Official in the name of any non-existing person or in the name of an existing person without the express or implied consent of such person.
(b) Indirect Violations: Attempting to evade the requirements of this Chapter through indirect efforts or through the use of agents, associates, intermediaries or employees.
(c) Creation of Obligations: Performing or sponsoring any act with the purpose and intent of placing any City Official under personal obligation to the Lobbyist. - 6 -
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(d) Contingency Fees: A person may not accept compensation for lobbying activity when the compensation is directly dependent on the result of legislative or administrative action(s) that are the subject of the lobbying activity.
(e) Conflicts of Interest: Lobbyists and Vendors are prohibited from engaging in Lobbying activities that create an actual or perceived conflict of interest with their duties or responsibilities.
(f) Gifts: No Lobbyist or Vendor shall offer, provide, or arrange any gift or benefit to a Public Official in excess of $50 (or as hereafter set in conformance to the limits set forth by the California Political Reform Act), or in a manner that could reasonably be interpreted as an attempt to influence official action. 2-12.107 The City Clerk.

The City Clerk shall:
(a) Oversee compliance with this Chapter including creation of all forms (electronic or otherwise) and any explanatory materials.
(b) Provide quarterly reports to the City Council on Lobbying activities, any pending complaints, enforcement proceedings and provide an annual report including a description of educational programs and materials that have been produced regarding this Chapter, if any, and providing any recommendations of amendment of this Chapter.
(c) Accept all required filings under this Chapter and coordinate further actions in compliance with the requirements of this Chapter with other City departments, including but not limited to the finance department for the collection and processing of the registration fees set forth herein.
(d) Retain registrations and reports in accordance with the California Records Act, but no longer than five (5) years from the date of filing. The City Clerk shall make all Lobbyist registrations and disclosure reports available to the public for inspection and make copies available upon request, with payment of any lawful copy charges.
(e) Upon receipt of a complaint filed with the Clerk’s Office alleging that a violation of the rules applicable to Lobbyist may have been committed, forward information to the City Attorney’s Office (or designated City Prosecutor) to determine whether to file a complaint and initiate an investigation. (f) The City Clerk shall have the power to adopt all reasonable and necessary procedures to implement this Chapter.
2-12.108 Enforcement and Penalties.
(a) Violations: Any person who knowingly or willfully violates or is found to have violated the provisions of this Chapter is guilty of a misdemeanor and shall also - 7 -
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be subject to any of the following administrative penalties (or a combination thereof):
i. For failure to register or report under Section 2-12.104 and/or Section 2-

12.105, an administrative fine of up to $5,000 per violation. ii. For failure to comply with the 24-hour reporting requirement after an agenda publication, an administrative fine of up to $5,000 for each violation.
(b) Revocation of Registration: The City Clerk may revoke the registration of any Lobbyist or Vendor who knowingly violates the provisions of this Chapter. (c) One-year Ban: Any person convicted of violating this Chapter may not act as a Lobbyist or Vendor within the City or otherwise attempt to influence City legislation for compensation for one (1) year after such conviction. (d) Legal Action: The City Attorney (or designated City Prosecutor) may take legal action to enforce the provisions of this Chapter, including injunctive relief in the courts to enjoin violations of or to compel compliance with the provisions of this Chapter. Use of criminal enforcement and/or administrative citations shall not prevent or preclude the City from seeking injunctive relief and civil penalties in court for violation of this Chapter.
(e) Standing: Residents of the City shall have standing to bring a civil action for enforcement of this Chapter.
(f) Cost of Litigation: The court may award costs of litigation including reasonable attorney’s fees to the prevailing party in any action to compel compliance with the provisions of this Chapter.
(g) Statute of Limitations: Limitation for Violation of any provision of this Chapter shall be commenced within four (4) years after the date on which the violation occurred.

SECTION 3. If any action, subsection, line, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid or unconstitutional, either facially or as applied, by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every individual section, subsection, line, sentence, clause, phrase, or word without regard to any such decision.

SECTION 4. This Ordinance shall become effective thirty (30) days after approval by the City Council.

SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted as prescribed by law. - 8 -
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PASSED, APPROVED and ADOPTED this xxth day of Month, 2024. _________________________
Karina Macias, Mayor
ATTEST:
_________________________
Eduardo Sarmiento, CMC
City Clerk

Huntington Park City CouncilDecember 16, 2024

Huntington Park City Council
December 16, 2024