Agenda, regular meeting — Monterey Park City Council, May 18, 2022 (part 1 of 3)

CITY COUNCIL OF MONTEREY PARK

THE CITY COUNCIL ACTING ON BEHALF OF THE SUCCESSOR AGENCY OF THE FORMER

REDEVELOPMENT AGENCY, THE HOUSING AUTHORITY, THE MONTEREY PARK FINANCING

AUTHORITY AND THE MONTEREY PARK GEOLOGIC HAZARD ABATEMENT DISTRICT AGENDA

REGULAR CITY COUNCIL MEETING

MONTEREY PARK CITY HALL COUNCIL CHAMBERS
320 W. NEWMARK AVENUE, MONTEREY PARK, CA 91754

Wednesday
May 18, 2022
6:30 p.m.

GENERAL INFORMATION
Documents related to an Agenda item are available to the public in the City Clerk’s Office located at 320 West Newmark Avenue, Monterey Park, CA 91754, during normal business hours and the City’s website at http://www.montereypark.ca.gov/AgendaCenter/City-Council-17.

The public may watch the meeting live on the city’s cable channel MPKTV (AT&T U -verse, channel 99 or Charter Communications, channel 182) or by visiting the city’s website at http://www.montereypark.ca.gov/133/City-Council-Meeting-Videos.

PUBLIC PARTICIPATION
You may speak up to 5 minutes on Agenda item. You may combine up to 2 minutes of time with another person’s speaking. No person may speak more than a total of 10 minutes. The Mayor and City Council may change the amount of time allowed for speakers. Written Communication will be accepted up to 24 hours before the meeting via email to [email protected].

Per the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call City Hall at (626) 307-1359 for reasonable accommodation at least 24 hours before a meeting.

Council Chambers are wheelchair accessible.

CALL TO ORDER Mayor
FLAG SALUTE The Monterey Park Police Explorers
ROLL CALL Peter Chan, Hans Liang, Henry Lo, Yvonne Yiu

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS

MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent services to enhance the quality of life for our entire community.

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Monterey Park City Council Agenda, May 18, 2022 - Page 2

PUBLIC COMMUNICATIONS:

While all comments are welcome, the Brown Act does not allow the City Council to take action on any item not on the agenda. The Council may briefly respond to comments after Public Communications is closed. Persons may, in addition to any other matter within the City Council's subject-matter jurisdiction, comment on Agenda Items at this time. If you provide public comment on a specific Agenda item at this time, however, you cannot later provide comments at the time the Agenda Item is considered.

STAFF COMMUNICATIONS:
• Human Resources & Risk Management Department – Introduction of Principal Human Resources Analyst, Alicia Ramirez
• Recreation

[1.] PRESENTATION

1-A. NEIGHBORHOOD ENGAGEMENT TEAM

[2.] OLD BUSINESS – NONE.

[3.] CONSENT CALENDAR ITEM NOS. 3A-3K

3-A. MONTHLY INVESTMENT REPORT – APRIL 2022
It is recommended that the City Council:
(1) Receiving and filing the monthly investment report; and (2) Taking such additional, related, action that may be desirable.

3-B. MINUTES
It is recommended that the City Council:
(1) Approving the minutes from the regular meetings of April 6, 2022 and April 20, 2022 and the special meeting of April 20, 2022; and
(2) Taking such additional, related, action that may be desirable.

3-C. WAIVE FURTHER READING AND ADOPT AN ORDINANCE AMENDING MONTEREY PARK MUNICIPAL CODE § 2.82.60 REGULATING THE APPOINTMENT PROCEDURES FOR

BOARDS, COMMISSIONS AND COMMITTEES
It is recommended that the City Council consider:
(1) Waiving the second reading and adopting the proposed ordinance; and/or (2) Taking such additional, related, action that may be desirable.

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Monterey Park City Council Agenda, May 18, 2022 - Page 3

3-D. WAIVE FURTHER READING AND ADOPT AN UNCODIFIED ORDINANCE APPROVING A

MONTEREY PARK POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH CALIFORNIA ASSEMBLY BILL 481
It is recommended that the City Council consider:
(1) Waiving second reading and adopting the proposed ordinance; and (2) Taking such additional, related, action that may be desirable.

3-E. AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH ENDEAVOR ADVANCED

SOLUTIONS FOR THE FACILITIES SECURITY AND SURVEILLANCE PROJECT, PHASE II It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute an agreement with Endeavor Advanced Solutions of Long Beach, in a form approved by the City Attorney, to install two hundred and forty - eight (248) Verkada cameras, associated networks, and electrical services at the various designated sites for $770,000.00;
(2) Authorizing staff to utilize the remaining $56,350.14 of the appropriated budget, as a contingency for expenses related to the Facilities Security and Surveillance Project ; and (3) Taking such additional, related, action that may be desirable.

3-F. ADOPT A RESOLUTION CONFIRMING AND EXTENDING A LOCAL EMERGENCY FOR THE GOODVIEWS ABATEMENT PROJECT (“GAP”)
It is recommended that the City Council consider:
(1) Adopting a Resolution confirming and extending a local emergency for the GAP; and (2) Taking such additional, related, action that may be desirable.

3-G. ADOPT A RESOLUTION APPROVING THE DESIGN AND PLANS AND AUTHORIZING THE

MONTEBELLO UNIFIED SCHOOL DISTRICT TO CONSTRUCT IMPROVEMENTS AT THE

GEORGE ELDER COMMUNITY CENTER
It is recommended that the City Council consider:
(1) Adopting a Resolution to provide an approval of the design and plans pursuant to government code §830.6, and authorizing the Montebello Unified School District to construct improvements at the George Elder Community Center; and (2) Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act):

The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities).

3-H. TREE MEMORIAL PROGRAM RECOMMENDATION FOR 2022
It is recommended that the City Council consider:
(1) Approving to honor Sharon Woo with a memorial tree; and (2) Taking such additional, related, action that may be desirable.

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Monterey Park City Council Agenda, May 18, 2022 - Page 4

3-I. PROFESSIONAL SERVICES AGREEMENT WITH JOHN L. HUNTER & ASSOCIATES FOR

STORM WATER PROGRAM MANAGEMENT AND USED OIL RECYCLING GRANT It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute an agreement with John L. Hunter & Associates, in a form approved by the City Attorney, for professional services for the implementation of the City’s Storm Water Program and Used Oil Recycling Grant; and (2) Taking such additional, related, action that may be desirable.

3-J. THIRD AMENDMENT TO AGREEMENT NO. 1636-A WITH FIRST TRANSIT, INC FOR FIXED-

ROUTE TRANSIT SERVICE
It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute the Third Amendment to Agreement No. 1636-A with First Transit, Inc, in a form approved by the City Attorney, for fixed-route transit service in an amount not to exceed $1,075,000; and
(2) Taking such additional, related, action that may be desirable.

3-K. ACTIVE TRANSPORTATION PROGRAM (ATP) CYCLE 4 GRANT
It is recommended that the City Council consider:
(1) Accepting grant funding in the amount of $1,367,000 from the California Department of Transportation Active Transportation Program (ATP) Cycle 4 for the Monterey Park School and Crosswalk Safety Enhancement Project;
(2) Authorizing the City’s Management Services Department to allocate $155,000 in grant funding to the FY21-22 budget; and
(3) Taking such additional, related, action that may be desirable.

[4.] PUBLIC HEARING

4-A. PUBLIC HEARING AND APPROVAL OF THE SUBSTANTIAL AMENDMENT TO THE 2021- 2022 HUD ANNUAL ACTION PLAN TO RECEIVE AND ADMINISTER THE HOME

INVESTMENT PARTNERSHIPS PROGRAM (HOME) -AMERICAN RESCUE PLAN

PROGRAM
It is recommended that the Board of Directors consider:
(1) Opening the public hearing to receive testimonial and documentary evidence; (2) Closing the public hearing and approving the Substantial Amendment to the 2021 -2022 One-year Action Plan (Action Plan) to include the HOME-ARP Program (“HOME-ARP”); (3) Directing staff to prepare and transmit the final documents to the U.S. Department of Housing and Urban Development ("HUD");
(4) Authorizing the City Manager, or his designee, to take all actions necessary or desirable to implement the HOME-ARP Programs, and Subrecipient Agreements; and (5) Taking such additional, related, action that may be desirable.

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Monterey Park City Council Agenda, May 18, 2022 - Page 5

[5.] NEW BUSINESS

5-A. RESOLUTION ADOPTING A COMPLETE STREETS POLICY PURSUANT TO THE CALIFORNIA COMPLETE STREETS ACT OF 2008
It is recommended that the City Council consider:
(1) Adopting a Resolution establishing a Complete Streets Policy; and (2) Taking such additional, related, action that may be desirable.

[6.] CITY COMMUNICATIONS (CITY COUNCIL)

[7.] FUTURE AGENDA ITEMS

[8.] CLOSED SESSION (IF REQUIRED; CITY ATTORNEY TO ANNOUNCE)

ADJOURN

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City Council Staff Report
DATE:

AGENDA ITEM NO:

May 18, 2022
TO: The Honorable Mayor and City Council
FROM: Joseph Leon, City Treasurer
SUBJECT: Monthly Investment Report – April 2022
RECOMMENDATION:

It is
recommended that the City Council consider:

1. Receiving and f iling the monthly investment report; and

2. Taking s uch additional, related, action that may be desirable.

EXECUTIVE SUMMARY:

As of April 30, 2022 invested funds for the City of Monterey Park is $84,788,372.50.

BACKGRO
UND:

In ac
cordance with the City’s Investment Policy, a monthly investment report is presented to the City Council showing the types of investments, dates of maturities, amounts of deposits, rates of interest, and the current market values for securities with maturity more than 12 months. The attached monthly investment report includes a summary investment report for the LA County Pooled Investment Fund, which displays the composition by type for the entire pooled investment fund.

Respectfully submitted by: Prepared by:

Joseph Leon
City Treasurer
Martha Garcia
Director of Management Services
Approved by:

Ron Bow
City Manager
Consent Calendar - 3A

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Staff Report
May 18, 2022

Attachment 1
Monthly Investment Report

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INVESTMENTS PORTFOLIO PROFILE:

TOTAL BALANCE AT 4/30/2022 84,788,372.50$

INVESTMENT COMPOSITION
(1) LA COUNTY POOLED INVESTMENT FUND ON DEMAND 0.670% 37,799,317.90$ (See Schedule A for LA County Pool Composition)
(2) LOCAL AGENCY INVESTMENT FUND ON DEMAND 0.510% 40,859,054.60$ Purchase Maturity Interest
(3) CERTIFICATES OF DEPOSIT Date Date Rate
1 PREFERRED BANK 09/03/21 09/03/22 0.51% 100,000
2 PREFERRED BANK 09/08/21 09/08/22 0.51% 150,000
3 SALLIE MAE BANK 08/11/21 08/12/24 0.70% 245,000
4 GOLDMAN SACHS BANK 08/11/21 08/12/24 0.60% 245,000 5 TOYOTA FINANCIAL SAVINGS BANK 09/16/21 09/16/24 0.65% 245,000 6 BMW BANK NORTH AMERICA 09/17/21 09/17/24 0.65% 245,000 7 SYNCHRONY BANK 09/17/21 09/17/24 0.65% 245,000
8 UBS BANK USA 09/22/21 09/23/24 0.65% 245,000
9 STATE BANK OF INDIA 10/18/21 10/18/24 0.70% 245,000 10 LIVE OAK BANKING CO. 01/14/22 01/16/24 0.70% 245,000 11 GREENSTATE CREDIT UNION 01/14/22 01/16/24 0.70% 245,000 12 BEAL BANK USA 01/19/22 01/17/24 0.70% 245,000
13 MEDALLION BANK UTAH 01/28/22 01/28/25 1.25% 245,000 14 PENTAGON FEDERAL UNION 01/31/22 01/31/25 1.25% 245,000 15 BEAL BANK 02/02/22 01/29/25 1.15% 245,000
16 AMERICAN EXPRESS NATL BANK 03/09/22 03/11/24 1.60% 245,000 17 BARCLAYS BANK DELAWARE 03/09/22 03/11/24 1.55% 245,000 18 CAPITAL ONE BANK USA 03/16/22 03/17/25 1.80% 245,000 19 VALLIANCE BANK 03/18/22 03/18/25 1.40% 245,000
20 STATE BANK OF TEXAS 03/25/22 03/25/25 1.45% 245,000 21 FIRST FED SAVINGS & LOAN 03/30/22 03/31/25 2.00% 245,000 22 LAFAYETTE FEDERAL CREDIT UNION 03/30/22 03/31/25 2.20% 245,000 23 ALLY BANK 03/31/22 03/28/24 1.95% 245,000
24 COMENITY CAPITAL BANK 04/14/22 04/14/25 2.55% 245,000 25 AMERICU CREDIT UNION 04/21/22 04/21/25 2.30% 245,000 26 BALBOA THRIFT & LOAN 04/29/22 04/29/25 2.00% 245,000 Total CDs (26) 1.237% 6,130,000.00$
OTHER INFORMATION:

BANK BALANCE: (1)
4,948,691.20$
AVERAGE MATURITY DAYS 64
AVERAGE INTEREST RATE FOR THE MONTH 0.636%

THE CITY'S INVESTMENT HAS SUFFICIENT LIQUIDITY TO MEET THE CITY'S EXPENDITURE REQUIREMENTS FOR THE NEXT 180 DAYS. THE 180-DAY LIQUIDITY DISCLOSURE IS REQUIRED PER GOVERNMENT CODE 53646.

INTEREST EARNINGS FOR 3RD QUARTER 2021-2022 64,222.00$
THERE HAVE BEEN NO VARIANCES TO THE INVESTMENT POLICY.
(1) Bank balance is maintained to cover outstanding warrants, payroll checks and on-going operating costs.

CITY OF MONTEREY PARK

INVESTMENT REPORT
APRIL 30, 2022

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Pooled Specific
Surplus Purpose
PORTFOLIO PROFILE Investments Investments
Inventory Balance at 03/31/22
At Cost 43,182,858,836$ 156,613,884$
At Market 41,838,209,803$ 147,051,422$
Repurchase Agreements -$ -$ Reverse Repurchase Agreements -$ -$ Composition by Security Type:

Certificates of Deposit 3.47% 0.00%
United States Government
and Agency Obligations 68.38% 72.30%
Bankers Acceptances 0.00% 0.00%
Commercial Paper 28.06% 0.00%
Municipal Obligations 0.07% 1.82%
Corporate and Deposit Notes 0.02% 0.00%
Repurchase Agreements 0.00% 0.00%
Asset-Backed 0.00% 0.00%
Other 0.00% 25.88%
1-60 days 36.21% 0.00%
61 days-1 year 23.88% 25.88%
Over 1 year 39.91% 74.12%
Weighted Average Days to Maturity 1,006

POOLED SURPLUS AND SPECIFIC PURPOSE INVESTMENTS
AS OF MARCH 31, 2022

SCHEDULE A

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City Council Staff Report
DATE: May 18, 2022

AGENDA IT
EM NO:

TO: The Honorable Mayor and City Council
FROM: Vincent D. Chang, City Clerk
SUBJECT: Minutes
RECOMMENDATION:

It is r ecommended that the City Council consider:

1. Approving the minutes from the regular meetings of April 6, 2022 and April 20, 2022 and the special meeting of April 20, 2022; and

2. Taking such additional, related, action that may be desirable.

EXECUTIVE SUMMARY:

None.

BACKGROUND:

None.

FISCAL IMPACT:

None.

Respectfully submitted,
Prepared by:

Vincent D. Chang
City Clerk
Viridiana Martinez
Senior Clerk Typist
Approved By:

Ron Bow
City Manager
ATTACHMENT(S):

1. Draft Minutes
Consent Calendar - 3B

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Staff Report
May 18, 2022
ATTA
CHMENT 1
Draft Minutes

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MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent services to enhance the quality of life for our entire community

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)

REGULAR MEETING
APRIL 6, 2022

The City Council, the Financing Authority (MPFA), the Housing Authority (MPHA), the Geologic Hazard Abatem ent District (GHAD), and the Successor Agency (SA) of the City of Monterey Park held a Regular Meeting of the Council in the Council Chamber, located at 320 West Newmark Avenue in the City of Monterey Park, Wednesday, April 6, 2020 at 6:30 p.m.

CALL TO ORDER:

Mayor Lo called the meeting to order at 6:30 p.m.

FLAG SALUTE:

The Monterey Park Fire Explorers

ROLL CALL:

City Clerk Vincent Chang called the roll:

Council Members Present: Peter Chan, Hans Liang, Henry Lo, Yvonne Yiu Council Members Absent: Fred Sornoso

ALSO PRESENT: City Manager Ron Bow, Assistant City Manager Inez Alvarez, Fire Chief Matt Hallock, Police Chief Kelly Gordon, Director of Management Services Martha Garcia, Director of Recreation & Community Services Robert Aguirre, Public Works Manager Chris Reyes, Firefighter Scott Kelley, Deputy City Clerk Cindy Trang, Assistant Deputy City Clerk Helena Cho, Community Communications Coordinator Randy Ishino

VIRTUALLY PRESENT : City Treasurer Jospeh Leon, City Attorney Karl Berger, City Librarian Diana Garcia, Interim Director of Community & Economic Development Steve Sizemore, Interim Director of Public Works Anthony Antich

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS – None.

PUBLIC COMMUNICATIONS

- Sarkis Antonian voiced his opinion on the expansion of Garvey Avenue and the construction of a parking structure on Garvey Avenue. He also inquired about the vote by mail drop boxes located throughout the City.

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April 6, 2022
- Nancy Acuri inquired about the Measure R funding being used to expand Garvey Avenue during rush hour traffic.

- Scott Kwong communicated that Council should reconsider adding bike lanes to Monterey Pass Road and the lane expansion of Garvey Avenue.

- John Wong voiced his opposition to adding bike lanes to Monterey Pass Road and expanding the lanes on Garvey Avenue.

- Jennifer Tang, on behalf of 49
th District Assemblymember Mike Fong,
encouraged residents to contact Assemblymember Fong’s office regarding any concerns on upcoming bills or state related matters. She also announced that Assemblymember Fong is looking forward to working with City staff and the City Council.

- City Clerk Chang received, filed, and read into the record a written communication from Ming Lai regarding parking concerns on Fremont Avenue and Monterey Pass Road.

- City Clerk Chang read into the record a letter received on March 29, 2022 from Mayor Pro Tem Fred Sornoso regarding his resignation from City Council due to health concerns, effective April 14, 2022.

STAFF COMMUNICATIONS

- Firefighter Kelley invited the community to attend Fire Service Day on May 14 th,
2022 at Fire Station 62.

- Director of Recreation & Community Services Aguirre reminded the community of the MPK Spring Hunt at the Barnes Park Field on April 14, 2022.

- Public Works Manager Chris Reyes informed the community of the Spring Cleaning event on April 9, 2022 at the Barnes Park Service Club House.

1. PR
ESENTATION – None.

Matters listed under presentation are for informational content and discussion only.

2. O

LD BUSINESS

2A. AMERICAN RESCUE PLAN ACT FUNDING

On March 11, 2021, President Joseph R. Biden signed into law the American Rescue Plan Act (ARPA) of 2021, a $1.9 trillion federal aid package designed to help the American people and American economy recover from the prolonged impacts felt from COVID -19. The bill includes $350 billion in direct financial relief

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April 6, 2022
for all state, local, tribal, and territorial governments known as the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) $15,043,184 of which has been allocated to the City of Monterey Park.

The City received half of its allocation ($7,521,592) in June 2021 with the remaining amount to be received in June 2022. City Council has approved appropriations of $6,925,837 million to be expensed on allowable purchases.

The City is requesting direction for the remaining ARPA funds.

Recommendation: It is recommended that City Council (1) reviewing, discussing, and providing direction on the allocation of American Rescue Plan Act funding; and (2) taking such additional, related, action that may be desirable.

Action Taken: Mayor Lo and Council Member Chan declared a potential property- related conflict of interest as their properties are within 1000 feet of items related to Garvey Ranch Park . They did not participate in discussion on items relating to Garvey Ranch Park. The City Council received and filed the American Rescue Plan Act Funding report.

3. CO
NSENT CALENDAR ITEMS NOS. 3A-3F
Matters listed under consent calendar are considered to be routine, ongoing business and are enacted by one motion unless specified.

Action Taken: The City Council approved and adopted Item Nos. 3A, 3B, 3E, and 3F, on Consent Calendar, excluding Item Nos. 3C and 3D which were pulled for discussion and separate motion, reading resolutions and ordinances by the title only and waiving further reading thereof.

Motion: Moved by Council Member Liang and seconded by Council Member Yiu, motion carried by the following vote:

Ayes: Council Members: Yiu, Chan, Liang, Lo
Noes: Council Members: None

Absent: Council Members: Sornoso
Abstain: Council Members: None

3A. MINUTES

Approving the minutes from the regular meeting of March 2, 2022.

Action Taken: The City Council approved the minutes from the regular meeting of March 2, 2022 on Consent Calendar.

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April 6, 2022
3B. WAIVE FURTHER READING AND ADOPT AN ORDINANCE ESTABLISHING

THE LAND USE RELATED TIME SUSPENSION PERIOD RELATED TO THE COVID-19 EMERGENCY

The Ordinance was introduced and received first reading at the March 16, 2022 City Council meeting. The original staff report, from March 16, 2022, is attached to the staff report for reference. Second reading and adoption of this Ordinance is recommended. If adopted, the Ordinance will take effect in 30 days.

Action Taken: The City Council waived the second reading and adopted Ordinance No. 2219 on Consent Calendar.

Ordinance No. 2219:

AN UNCODIFIED ORDINANCE ESTABLISHING THE LAND USE RELATED TIME SUSPENSION PERIOD RELATED TO THE COVID-19 EMERGENCY

3C. WAIVE FURTHER READING AND ADOPT AN ORDINANCE AMENDING

VARIOUS SECTIONS OF MONTEREY PARK MUNICIPAL CODE CHAPTER

6.15 REGULATING MANDATORY ORGANIC WASTE DISPOSAL REDUCTION

Public Communications:

- Nancy Acuri voiced her concerns regarding using the green bin disposal for green waste and food waste.

Action Taken: The City Council waived the second reading and adopted Ordinance No. 2220.

Motion: Moved by Council Member Chan and seconded by Council Member Yiu, motion carried by the following vote:

Ayes: Council Members: Yiu, Chan, Liang, Lo
Noes: Council Members: None

Absent: Council Members: Sornoso
Abstain: Council Members: None

Ordinance No. 2220:

AN ORDINANCE AMENDING VARIOUS SECTIONS OF MONTEREY PARK MUNICIPAL CODE CHAPTER 6.15 REGULATING MANDATORY ORGANIC

WASTE DISPOSAL REDUCTION

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April 6, 2022
3D. 2020-2021 ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR)

The City’s auditor, CliftonLarsonAllen LLP (CLA), an independent auditor and one of the nation’s leading CPA firms, completed the audit of the City’s annual financial statements for the fiscal year ending June 30, 2021. The audited financial statements are incorporated into an ACFR.

This is the 6th year, CLA audited the City’s financial records. The auditor issued an unmodified (“clean”) opinion on the City’s financial statements. An unmodified opinion indicates that the financial data of the City is fairly presented in accordance with accounting principles generally accepted in the United States of America (or “GAAP”) and the standards applicable to the financial audits contained in Government Audit Standards, issued by the Comptroller General of the United States. These standards require that the auditors plan and perform the audit to obtain reasonable assurance as to whether the financial statements are free of material misstatement and accurately reflects the City’s financial position.

Additionally, the auditors’ report does not indicate any negative findings, internal control deficiencies or instances of noncompliance with applicable laws and regulations.

Action Taken: The City Council received and fil ed the City’s 2020 -2021 Annual Comprehensive Financial Report (ACFR) on Consent Calendar.

3E. PROFESSIONAL SERVICES AMENDMENT WITH BARTEL ASSOCIATES, LLC

FOR THE CALPERS RETIREMENT PLAN, EMPOWER RETIREMENT PLAN,

AND OTHER POSTEMPLOYMENT BE NEFITS ACTUARIAL VALUATION

PROPOSALS AND DATA REQUESTS

On September 2, 2020, City Council authorized a professional services agreement with Bartel Associates, LLC for the purpose of CalPERS Retirement Plan pension override tax study, actuarial valuation proposals and data request. Continued work with Bartel Associates LLC is desirable to assist with on other actuarial valuation proposals and data requests including the CalPERS Retirement Plan, Empower Retirement Plan, and OPEB. Accordingly, it is requested that the City Council authorize the City Manager to execute an Amendment for a total amount of $135,800.

Public Communications:

- Mary Beth Redding, Bartel Associate, was available virtually to answer any questions.

Action Taken: The City Council authorized the City Manager to execute an Amendment with Bartel Associates, LLC in a form approved by the City Attorney, to provide CalPERS Retirement Plan, Empower Retirement Plan, and Other

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April 6, 2022
Postemployment Benefits (OPEB) actuarial valuation proposals and data requests for an amount of $135,800 on Consent Calendar.

3F. STATE HOMELAND SECURITY PROGRAM SUBRECIPIENT AGREEMENT GRANT YEAR 2020 – AWARD OF AGREEMENT

The County of Los Angeles is a Subgrantee of the State Homeland Security Program Grant Year 2020 ("SHSP 2020") that is provided by the U.S. Department of Homeland Security. Per the subrecipient agreement, the County of Los Angeles is authorized to enter into a subrecipient agreement with the City of Monterey Park, which includes a distribution of SHSP 2020 grant funds to the City of Monterey Park in the amount of $182,720. A portion of the $182,720 is dedicated to fund a fulltime Regional Training (RïG) lntelligence Chief position for the Los Angeles Area Fire Chiefs Association (LAAFCA). Upon approval of the subrecipient agreement, staff will publicize a Request for Proposal, to fill the position by July 1,2022, and oversee administration of funds for this position. Staff recommends City Council to authorize the City to execute an agreement, in a form approved by the City Attorney, with the County of Los Angeles for an amount not to exceed 5182,720 for the SHSP 2020 Grant.

Action Taken: The City Council adopted Resolution No. 2022-R18 authorizing the City Manager to apply for, receive, and execute an agreement, in a form approved by the City Attorney, with the County of Los Angeles for an amount not to exceed $182,720, for the State Homeland Security Program Grant Year 2020 on Consent Calendar.

Resolution No. 2022-R18:

A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO

APPLY FOR, RECEIVE, AND APPROPRIATE GRANT FUNDS FOR THE STATE HOMELAND SECURITY PROGRAM FOR GRANT YEAR 2020

4. P
UBLIC HEARING – None.

5. NE
W BUSINESS – None.

6. CIT

Y COMMUNICATIONS (CITY COUNCIL)

6A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK

ENSURING EQUAL POLICIES FOR REPRODUCTIVE HEALTH CARE
SERVICES (Requested by Mayor Henry Lo and Councilmember Yvonne Yiu)

Written Communications:

- City Clerk Chang received, filed, and read into the record three written communications from Jeff Schwartz , on behalf of the Monterey Park Democratic

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April 6, 2022
Club and the California Democratic Party, Linda Tang, and Je -Show Yang voicing their support for Agenda Item 6A and urging City Council to vote yes.

Action Taken: The City Council adopted Resolution No. 2022-R19 ensuring equal policies for reproductive healthcare services.

Motion: Moved by Mayor Lo and seconded by Council Member Yiu, motion carried by the following vote:

Ayes: Council Members: Yiu, Chan, Liang, Lo
Noes: Council Members: None

Absent: Council Members: Sornoso
Abstain: Council Members: None

Resolution No. 2022-R19:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK

ENSURING EQUAL POLICIES FOR REPRODUCTIVE HEALTHCARE

SERVICES

Council Communications:

Council Member Yiu expressed her excitement to be back to in person meetings in the Council Chambers.

Council Member Chan stated that it is good to be back to in person meetings in the Council Chambers and reminded the community to continue to stay safe. He reported that he attended the grand opening of the Chinatown Service Center’s new office on Atlantic Blvd, the Japanese Council General’s residence to celebrate the Emperor’s birthday, and the International Cities Association (ICA) conference.

Council Member Liang announced that he is happy to be back to in person meeting in the Council Chambers and wished Mayor Pro Tem Fred Sornoso all the best.

Mayor Lo reported that he is happy to be back to holding in person meetings in the Council Chambers a nd thanked the public for attending the meeting. He also voiced appreciation for Mayor Pro Tem Sornoso for serving on City Council.

7. FUTURE AGENDA ITEMS
None.

8. CLOSED SESSION (IF REQUIRED; CITY ATTORNEY TO ANNOUNCE) None.

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April 6, 2022

ADJOURNMENT
There being no further business for consideration, the meeting was adjourned at 8:11 p.m.

__________________________
Vincent D. Chang
City Clerk

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MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent services to enhance the quality of life for our entire community

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)

SPECIAL MEETING
APRIL 20, 2022

The City Council, the Financing Authority (MPFA), the Housing Authority (MPHA), the Geologic Hazard Abatement District (GHAD), and the Successor Agency (SA) of the City of Monterey Park held a Special Meeting of the Council in Room 266, Second Floor of City Hall located at 320 West Newmark Avenue in the City of Monterey Park on Wednesday, April 20, 2022 at 5:30 p.m.

CALL TO ORDER:

Mayor Lo called the meeting to order at 5:30 p.m.

ROLL CALL:

Deputy City Clerk Cindy Trang called the roll:

Council Members Present: Peter Chan, Hans Liang, Henry Lo, Yvonne Yiu Council Members Absent: None

ALSO PRESENT: City Manager Ron Bow, City Attorney Karl Berger , Assistant City Manager Inez Alvarez , Director of Human Resources and Risk Management Christine Tomikawa, Director of Management Services Martha Garcia

ORAL AND WRITTEN COMMUNICATIONS – None.

1. CLOSED SESSION
The City Council adjourned to Closed Session at 5:30 p.m.

1-A. CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO CALIFORNIA GOVERNMENT CODE § 54957.6
City
Negotiators:

Steve Berliner , Esq. from Liebert Cassidy & Whitmore (the City’s special counsel for labor matters) and Christine Tomikawa, Director of Human Resources and Risk Management
Employee
Organizations:

Confidential Employees' Association, Firefighters' Association, Mid - Management Association, Police Captains' As sociation, Police Officers' Association, Police Officers' Mid -Management Association, Professional Chief Officers' Association, and Service Employees International Union, Local 721

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RECONVENE & ADJOURNMENT
The City Council reconvened from Closed Session with all Council Members present. The meeting was adjourned at 6:28 p.m.

Action Taken: No reportable action taken.

__________________
Vincent D. Chang
City Clerk

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70-XX

MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent services to enhance the quality of life for our entire community

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)

REGULAR MEETING
APRIL 20, 2022

CALL TO ORDER:

Mayor Lo called the meeting to order at 6:34 p.m.

FLAG SALUTE:

The Monterey Park Color Guard – Police Explorers

ROLL CALL:

City Clerk Vincent Chang called the roll:

Council Members Present: Peter Chan, Hans Liang, Henry Lo, Yvonne Yiu Council Members Absent: None.

ALSO PRESENT: City Treasurer Jospeh Leon, City Manager Ron Bow, City Attorney Karl Berger, Assistant City Manager Inez Alvarez, Police Chief Kelly Gordon, City Librarian Diana Garcia, Interim Director of Public Works Anthony Antich, Water Utility Manager Richard Gonzales, Recreation Supervisor Orlando Muro, Deputy City Cler k Cindy Trang

VIRTUALLY PRESENT: Director of Human Resources and Risk Management Christine Tomikawa, Director of Management Services Martha Garcia, Director of Recreation and Community Services Robert Aguirre, Interim Director of Community & Economic Development Steve Sizemore, Economic Development Manager Joseph Torres, Community Communications Coordinator Randy Ishino

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS – None.

PUBLIC COMMUNICATIONS

- Sarkis Antonian inquired about using Measure R funds to provide proper equipment to the school crossing guards on Hillcrest. He also voiced his opposition against the expansion of lanes on Garvey Avenue during rush hour.

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Sarkis also inquired about moving the f ood bank back to Langley Senior Center and allowing for a drive up service.

- The City Clerk’s office received and filed one written communication after submittal period from Charles Leon, SEIU 721 representative. The requester stated in his correspondence that the written communication was for Agenda Item No. 2A . This written communication was included in the administrative record as it was emailed by Charles Leon to City Council.

STAFF COMMUNICATIONS

- City Manager Bow introduced Interim Director of Public Works Anthony Antich.

Mr. Antich shared his excitement to work for the City and announced that on May 19 th there will be a Public Works Open House at the City Yard.

- Recreation Supervisor Muro thanked Transtech and Shirely Hwong for their donations to the Spring Egg Hunt that took place on April 14 th at Barnes Park .

He reminded the community of the Cinco De Mayo event on May 5 th at Barnes Park and the Happy Birthday Play Days event from May 5 th to May 8th at Barnes Park. Recreation Supervisor Muro announced that in honor of Earth Day there will be Monterey Park Walkability Routes located at Barnes Park, Highlands Park, and Edison Trails.

- City Librarian Garcia announced that the Library is now checking out California State Park Passes to anyone with a valid Library card and she also invited the community to the Children’s Day/Book Day event on Saturday, April 23 rd at
Barnes Park. She reminded the community of the Financial Forecasts meetings, which brief residents on the City’s finances.

1. PR
ESENTATION – None.

Matters listed under presentation are for informational content and discussion only.

2. O
LD BUSINESS – None.

3. CO
NSENT CALENDAR ITEMS NOS. 3A-3N
Matters listed under consent calendar are considered to be routine, ongoing business and are enacted by one motion unless specified.

Action Taken: The City Council approved and adopted Item Nos. 3A, 3E, 3F, and 3H, 3I, 3L, and 3M on Consent Calendar, excluding Item Nos. 3B, 3C, 3D, 3G, 3J, 3K, and 3N which were pulled for discussion and separate motion, reading resolutions and ordinances by the title only and waiving further reading thereof.

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Motion: Moved by Council Member Chan and seconded by Council Member Y iu, motion carried by the following vote:

Ayes: Council Members: Yiu, Chan, Liang, Lo
Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

3A. MINUTES

Approving the minutes from the regular and special meetings of March 16, 2022.

Action Taken: The City Council approved the minutes from the regular and special meetings of March 16, 2022 on Consent Calendar.

3B. DISTRICT NO. 3 CITY COUNCIL SEAT VACANCY

On March 29, 2022, the City Clerk’s office received a letter of resignation from Mayor Pro Tem Fred Sornoso, effective April 14, 2022. Pursuant to Government Code §§ 1750(f) and 1770(c), the resignation letter created a vacancy on the City Council on April 14th. The term of office for the vacant position ends November 5, 2024.

Public Speakers

- Teresa Real Sebastian voiced opposition against City Council appointing an elector to fill the District No. 3 seat vacancy. She also communicated that the residents of District No. 3 should be allowed to vote for their Council Member representative in the upcoming November election.

- Maychelle Yee voiced her opposition against allowing City Council to appoint an elector to fill the District No. 3 seat vacancy. She conveyed that City Council should allow for the upcoming November election to fill the vacancy.

- Delario Robinson communicated that he would like to see proper representation fill the District No. 3 seat vacancy.

Action Taken: The City Council received and filed the District No. 3 City Council seat vacancy report.

3C. PROFESSIONAL MUNICIPAL CLERKS WEEK RESOLUTION

The Office of the City Clerk is celebrating the week of May 1- 7, 2022 as Professional Municipal Clerks Week. This week, sponsored by the International Institute of Municipal Clerk’s (IIMC) and celebrated annually, honors and recognizes the Municipal Clerk profession as a vital part of local government

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celebrated throughout the world including the United States, Canada and 15 other countries. We are enlisting your support in the form of a resolution to honor Professional Municipal Clerks for providing supports to the Council, departmental staff, other agencies, and residents of Monterey Park.

Action Taken: The City Council adopted Resolution No. 2022- R20 declaring the week of May 1 through 7, 2022 as Professional Municipal Clerks Week in Monterey Park.

Motion: Moved by Council Member Liang and seconded by Council Member Chan, motion carried by the following vote:

Ayes: Council Members: Yiu, Chan, Liang, Lo
Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

Resolution No. 2022-R20:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING MAY 1 -7, 2022, PROFESSIONAL MUNICIPAL CLERKS WEEK IN

MONTEREY PARK

3D. MONTHLY INVESTMENT REPORT – MARCH 2022

As of March 31, 2022 invested funds for the City of Monterey Park is $86,005,226.92.

Public Speakers

- City Treasurer Leon gave Council an update on the Monthly Investment report for the month of March 2022.

Action Taken: The City Council received and fil ed the March 2022 mo nthly investment report.

3E. PROFESSIONAL SERVICES AMENDMENT WITH FAIRBANK, MASLIN,

MAULLIN, METZ AND ASSOCIATES TO CONDUCT PUBLIC OPINION

RESEARCH

On September 1, 2021, the City entered into an agreement with FM3 to provide public opinion research. FM3’s relevant experience conducting public opinion research has been instrumental in identifying the priorities of the residents of Monterey Park. The City is requesting to amend the agreement to allow for additional public opinion research including residential satisfaction and needs assessment, and revenue measure research.

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The City is requesting an amendment for an additional amount of $74,500 for a total not to exceed amount of $113,000 and an extended term through June 30, 2023.

Action Tak en: The City Council authorized the City Manager to execute an amendment with Fairbank, Maslin, Maullin, Metz and Associates (FM3) in a form approved by the City Attorney; to conduct public opinion research for an amount not to exceed $113,000 and extend the term of the amendment through June 30, 2023, on Consent Calendar.

3F. RENEWAL OF THE ASSESSMENT DISTRICT FOR FISCAL YEAR 2022 -23

AND SCHEDULE A PUBLIC HEARING PURSUANT TO STREETS AND
HIGHWAYS CODE §§ 22500, ET SEQ.

In 1993 the City formed a citywide benefit assessment district to finance the operation and maintenance of public street lighting and landscaping. The district was renewed each of the past 29 years and must be renewed for 2022- 23 in order for the City to continue collecting assessments. To begin the district renewal, staff recommends a public hearing be held on June 1, 2022. Scheduling the public hearing is a required process and it does not automatically renew the district. The district renewal will follow the City Council’s action at the c onclusion of the June 1 st
public hearing.

CEQA (California Environmental Quality Act):

The proposed action is exempt from review under the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000, et seq .; “CEQA”) and CEQA Guidelines (Cal. Code Regs. tit. 14, §§ 15000, et seq .) because it establishes, modifies, structures, restructures, and approves rates and charges for meeting operating expenses; purchasing supplies, equipment, and materials; meeting financial requirements; and obtaining funds for capital projects needed to maintain service within existing service areas. The proposed action, therefore, is categorically exempt from further CEQA review under CEQA Guidelines § 15273.

Action Taken: The City Council adopted Resolution No. 2022-R21 declaring the City Council’s intent to levy and collect assessments for Fiscal Year 2022- 23 in Citywide Maintenance District No. 93-1 pursuant to Streets and Highways Code §§ 22500, et seq. and setting a time and place for a public hearing on Consent Calendar.

Resolution No. 2022-R21:

RESOLUTION DECLARING THE CITY COUNCIL’S INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2022 -2023 IN CITYWIDE MAINTENANCE DISTRICT NO. 93 -1 PURSUANT TO STREETS AND HIGHWAYS CODE § 22587 AND SETTING A TIME AND PLACE FOR A PUBLIC

HEARING

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April 20, 2022
3G. ADOPT A RESOLUTION RATIFYING CERTAIN ACTIONS COMPLETED BY THE CITY MANAGER REGARDING COVID-19 PANDEMIC AND TERMINATING

A LOCAL EMERGENCY

On March 18, 2020, the City Council adopted Resolution No. 12142 which confirmed the existence of a local emergency related to the COVID -19 Pandemic.

Between March 18, 2020 and March 31, 2022 (as noted by multiple resolutions extending the local emergency), the City undertook all actions needed to preserve public health and safety in response to the Pandemic. A review of circumstances demonstrates that the need for conditions of a local emergency no longer exist.

Accordingly, the City Manager recommends that the City Council adopt a resolution to terminate the local emergency effective April 20, 2022 and ratify all actions taken by the City Manager between March 11, 2020 and April 19, 2022 while exercising his emergency powers. Such actions were generally described in various resolutions adopted by the City Council; additional actions are listed in the Exhibit to the draft Resolution.

ENVIRONMENTAL ASSESSMENT:

The Resolution itself and the actions ratified by the Resolution were reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq ., “CEQA”) and the regulations promulgated thereunder (14 Cal.

Code of Regulations §§15000, et seq., the “CEQA Guidelines”). Based upon that review, this action is exempt from further review pursuant to CEQA Guidelines § 15269(a) because the protection of public and private property is necessary to maintain service essential to the public, health and welfare. 1 Action Taken: The City Council adopted Resolution No. 2022-R22 ratifying certain actions completed by the City Manager regarding COVID -19 Pandemic and terminating a local emergency.

Motion: Moved by Council Member Chan and seconded by Council Member Liang, motion carried by the following vote:

Ayes: Council Members: Yiu, Chan, Liang, Lo
Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

Resolution No. 2022-R22:

A RESOLUTION RATIFYING CERTAIN ACTIONS COMPLETED BY THE CITY

MANAGER AND TERMINATING A LOCAL EMERGENCY

1 CEQA findings regarding an anticipated imminent emergency are valid (see CalBeach Advocates v. City of Solana Beach (2002) 103 Cal.App.4th 529).

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3H. CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES GRANT SUBAWARD – HIGH FREQUENCY COMMUNICATIONS EQUIPMENT

PROGRAM

The City of Monterey Park Fire Department (Fire Department) received Notice of Funding Opportunity from Cal OES; regarding a formal invitation to submit a full application for the consideration of Cal OES subaward funds. The funding opportunity is for the purchase of high frequency communications equipment. lf the City is offered a grant award, the total proposed budget request is $60,000.

The Fire Department has identified Collins Aerospace as the vendor of choice. The product Urgentlink operates on a nationwide high frequency spectrum specifically authorized by the Federal Communications C ommission (FCC). Moreover, Verdugo Fire Communications (Verdugo), a partnered agency of the Fire Department, currently utilizes this system. Acquiring this equipment will allow the Fire Chief and Battalion Chiefs a mechanism to communicate with Verdugo and other local, state, and federal entities in the event of a natural or manmade disaster.

Staff seeks City Council consideration and approval of the City of Monterey Park's Cal OES application. The application date was extended to April 21, 2022, for the City of Monterey Park. When the grant award decision is made and if the grant award is received, staff will inform the City Council.

Action Taken: The City Council adopted Resolution No. 2022- R23 authorizing the City Manager to apply for, receive, and execute an agreement, in a form approved by the City Attorney, with the California Governor’s Office of Emergency Services (Cal OES) in the amount of $60,000 on Consent Calendar.

Resolution No. 2022-R23:

A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DES IGNEE, TO

APPLY FOR, RECEIVE, AND APPROPRIATE GRANT FUNDS FOR THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES — HIGH

FREQUENCY EQUIPMENT PROGRAM

3I. WEED ABATEMENT AGREEMENT BETWEEN THE COUNTY OF LOS

ANGELES AND THE CITY OF MONTEREY PARK

On June 12, 2012, the City of Monterey Park entered into an Agreement with the County of Los Angeles, Department of Agricultural Commissioner/ Weights and Measures to provide weed abatement services. The County of Los Angeles submitted a letter to the City of Monterey Park stating that the current Weed Abatement Agreement expires on June 30, 2022. Staff is requesting that the City Council consider approving the Agreement thereby extending service for an additional five-year term, until June 30, 2027.

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Authorizing the City Manager to execute an agreement with the County of Los Angeles, in a form approved by the City Attorney, for Weed Abatement Services

Action Taken: The City Council authorized the City Manager to execute an agreement with the County of Los Angeles, in a form approved by the City Attorney, for Weed Abatement Services on Consent Calendar.

3J. “DENIM” DAY RESOLUTION

“Denim Day” was established in 1999 after the California Legislature’s Women’s Caucus learned of a protest of a court decision that occurred in Italy. Enraged by the verdict and the judge’s statement, within a matter of hours the women of the Italian Parliament launched into immediate action and protested by wearing jeans to work. This call to action motivated the Califor nia legislators to do the same.

Peace Over Violence, a Los Angeles County based Sexual Assault and Domestic Violence victims’ advocacy organization promoted the idea and the first “Denim Day-L.A.” was created. “Denim Day” is now recognized throughout the U nited States.

Action Taken: The City Council adopted Resolution No. 2022-R24 ratifying certain actions completed by the City Manager regarding COVID -19 Pandemic and terminating a local emergency.

Motion: Moved by Council Member Liang and seconded by Council Member Chan, motion carried by the following vote:

Ayes: Council Members: Yiu, Chan, Liang, Lo
Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

Resolution No. 2022-R24:

A RESOLUTION DECLARING APRIL 27, 2022 TO BE “DENIM DAY MONTEREY PARK”, SUPPORTING SEXUAL ABUSE AWARENESS AND THE BELIEF THAT

THERE IS NO EXCUSE AND NEVER AN INVITATION TO RAPE

3K. NATIONAL CORRECTIONAL OFFICERS WEEK RESOLUTION

The Monterey Park Police Department is celebrating the week of May 1- 7, 2022, as National Correctional Officers Week. In 1984, President Ronald Regan announced the first week in May as National Correctional Officers Week, and it has been celebrated annually ever since. It honors the thousands of men and women responsible for managing those brought into custody by law enforcement and awaiting trial. These individuals face difficult and often dangerous work environments and play a vital role in the criminal justice system. We are enli sting your support in the form of a resolution to honor these men and women in our area for their work every day to protect the residents of Monterey Park.

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Action Taken: The City Council adopted Resolution No. 2022-R25 declaring the week of May 1-7, 2022, to be National Correctional Officers Week in the City of Monterey Park.

Motion: Moved by Council Member Chan and seconded by Council Member Liang, motion carried by the following vote:

Ayes: Council Members: Yiu, Chan, Liang, Lo
Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

Resolution No. 2022-R25:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING MAY 1-7, 2022, NATIONAL CORRECTIONAL OFFICERS WEEK IN

MONTEREY PARK

3L. FIRST AMENDMENT TO AGREEMENT NO. 2249 -AB WITH OPERATIONAL

TECHNICAL SERVICES LLC FOR STAFF AUGMENTATION SERVICES FOR

THE WATER DIVISION

In August 2021, the Water Division executed a contract with Operation Technical Services LLC to provide technical services that were the responsibility of the Water Production Supervisor who had retired a month earlier. The Professional Services Agreement is for an amount not to exceed $60,000. Because the recruitment of the supervisor position is still pending and additional Water Division staff have since retired or resigned, staff is requesting the approval of the First Amendment to the Agreement for additional staffing support and to increase the budget from $60,000 to $300,000.

Action Taken: The City Council authorize d the City Manager to execute the First Amendment, in a form approved by the City Attorney, to Agreement No. 2249- AB with Operational Technical Services LLC. This Amendment is for staff augmentation services for the Water Division in an amount not to exceed $300,000 on Consent Calendar.

3M. AWARD OF CONTRACT TO EUROFINS, WECK AND CLINICAL LAB FOR LAB

TESTING

The Water Division is requesting approval of Professional Services Agreements with three laboratory analyses firms – Eurofins, Weck, and Clinical Lab – for laboratory analyses services. The term for the contracts is three years for a combined total not to exceed $400,000 annually.

Action Taken: The City Council authorized the City Manager to execute three- year Agreements, in a form approved by the City Attorney, with Eurofins Eaton Analytica, LLC, Weck Analytical Environmental Services, Inc., and Clinical Lab of

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April 20, 2022
San Bernardino, Inc. to provide laboratory analysis services for the Water Division for a combined total not to exceed $400,000 annually on Consent Calendar.

3N. NOTICE OF COMPLETION FOR 2019 -20 STREET REHABILITATION AT VARIOUS LOCATIONS SPECIFICATION NO. 2021-003

Pursuant to City Council Resolution No. 11701, the Public Works Director recorded the Notice of Completion for 2019- 20 Street Rehabilitation at Various Locations project on January 26, 2022 (final recording date is February 24, 2022). Th e project is now complete, and the work was inspected and approved by the City Engineer.

Public Speakers

- Delario Robinson urged City Council to take action and improve the road quality of the City.

Action Taken: The City Council received and filed the Notice of Completion recorded by the Public Works Director on January 06, 2022 accepting the 2019- 20 Street Rehabilitation at Various Locations Specification No. 2021- 003 completed by Sialic Contractors Corporation dba Shawnan.

Motion: Moved by Council M ember Chan and seconded by Council Member Yiu, motion carried by the following vote:

Ayes: Council Members: Yiu, Chan, Liang, Lo
Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

4. P
UBLIC HEARING – None.

5. NE
W BUSINESS – None.

6. CITY COMMUNICATIONS (CITY COUNCIL)

6A. A TRIBUTE RESOLUTION OF HEARTFELT APPRECIATION BY THE CITY

COUNCIL OF MONTEREY PARK HONORING FRED SORNOSO FOR HIS

OUTSTANDING PUBLIC SERVICE AS MAYOR PRO TEM AND COUNCIL MEMBER REPRESENTING DISTRICT NO. 3 (Requested by Mayor Henry Lo)

Action Taken: The City Council adopted tribute Resolution No. 2022- R26 of heartfelt appreciation by the City Council of Monterey Park honoring Fred Sornoso for his outstanding public service as Mayor Pro Tem and Council Member representing District No. 3.

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Motion: Moved by Mayor Lo and seconded by Council Member Yiu, motion carried by the following vote:

Ayes: Council Members: Yiu, Chan, Liang, Lo
Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

Resolution No. 2022-R26:

A TRIBUTE RESOLUTION OF HEARTFELT APPRECIATION BY THE CITY

COUNCIL OF MONTEREY PARK HONORING FRED SORNOSO FOR HIS

OUTSTANDING PUBLIC SERVICE AS MAYOR PRO TEM AND COUNCIL MEMBER REPRESENTING DISTRICT NO. 3

Council Communications

Council Member Yiu reported that she attended the City of San Gabriel ’s Outstanding Older American Award ceremony honoring Florence Lin. She also reported that she attended the grand opening of the Starbucks and Shell gas station on Garfield Avenue.

Council Member Chan attended the Metro Service Council meeting and the Spring Clean Day Event on April 9
th He also reported that he attended the grand opening
of the Starbucks and Shell gas station on Garfield Avenue.

Council Member Liang reported that he attended the grand opening of the Starbucks and Shell gas station on Garfield Avenue.

Mayor Lo reported that he attended the City of San Gabriel ’s Outstanding Older American Award ceremony honoring Florence Lin. He announced that on Saturday, April 23
rd he will attend the Mark Keppel High School , Fear the Speak 5K run.

7. FUTURE AGENDA ITEMS
None.

8. CLOSED SESSION (IF REQUIRED; CITY ATTORNEY TO ANNOUNCE) None.

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ADJOURNMENT
There being no further business for consideration, the meeting was adjourned at 8:13 p.m.

__________________________
Vincent D. Chang
City Clerk

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City Council Staff Report
DATE: May 18, 2022
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Vincent D. Chang, City Clerk
SUBJECT: Waive further reading and adopt an Ordinance amending Monterey Park Municipal Code § 2.82.60 regulating the appointment procedures for boards, commissions and committees
RECOMMENDATION:

It is recommended that the City Council consider:

1. Waiving the second reading and adopting the proposed ordinance; and/or

2. Taking such additional, related, action that may be desirable.

EXECUTIVE SUMMARY:

The Ordinance was introduced and received first reading at the May 4, 2022 City Council meeting. The original staff repor t, from May 4, 2022, is attached for reference. Second reading and adoption of this Ordinance is recommended. If adopted, the Ordinanc e will take effect in 30 days.

Respectfully submitted by: Prepared by:

Vincent D. Chang
City Clerk
Cindy H. Trang
Deputy City Clerk
Reviewed by:

Inez Alvarez
Assistant City Manager
Consent Calendar - 3C

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Staff Report

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May 18, 2022
Reviewed by: Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney
Attachments:

1. Draft Ordinance

2. May 4, 2022 Staff Report

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Staff Report
May 18, 2022
ATTACHMENT 1
Draft Ordinance

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ORDINANCE NO.

AN ORDINANCE AMENDING SECTIONS OF THE MONTEREY PARK
MUNICIPAL CODE CHAPTER 2.82.60 REGULATING THE APPOINTMENT PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES.

The City Council of the City of Monterey Park does ordain as follows:

SECTION 1: MPMC § 2.82.060 is amended to read as follows:

“2.82.060 Appointment Procedures.

A. Persons seeking appointment to a committee should file applications, in a form prescribed by the city clerk, or designee, to with the city clerk’s office.

B. Unless otherwise provided, each councilmember may appoint one person to a particular board or commission. Persons nominated by a councilmember are announced at a council meeting, but the nomination does not require ratification by council action.

C. Every term begins May January 1 and ends April December 3130 of the following year.”

SECTION 2: Environmental Review. This Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations (“CCR”) §§ 15000, et seq.) because it establishes rules and procedures to clarify existing policies and practices related to government organization; does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this Ordinance does not constitute a “project” that requires environmental review ( see specifically 14 CCR § 15378(b)(4-5)).

SECTION 3: Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 4: Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 5: Severability. If any part of this Ordinance or its Application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the

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Ordinance No.

Page 2 of 2 ends

provisions of this Ordinance are severable.

SECTION 6: Recordation. The City Clerk, or designee, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Monterey Park’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, and cause it to be published or posted in accordance with California law.

SECTION 7: Effective Date. This Ordinance will become effective 30 days after second reading and adoption.

PASSED AND ADOPTED this ____ day of _________, 2022.

____________________________
Henry Lo, Mayor

ATTEST:

________________________________
Vincent D. Chang, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

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Staff Report
May 18, 2022
ATTACHMENT 2
May 4, 2022 Staff Report

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City Council Staff Report
DATE: May 4, 2022
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Vincent D. Chang, City Clerk
SUBJECT: Consider an Ordinance amending Monterey Park Municipal Code Chapter 2.82.60 regulating the appointment procedures for boards, commissions and committees
RECOMMENDATION:

It is recommended that the City Council consider:

1. Introducing and waiving first reading of an ordinance amending Monterey Park Municipal Code Chapter 2.82.60 regulating the appointment procedures for boards, commissions and committees;

2. Approving the extension of certain commissions terms; and

3. Taking such additional, related, action that may be desirable.

EXECUTIVE SUMMARY:

In accordance with Monterey Park Municipal Code (MPMC) § 2.82.50 , Commissions, Boards and Committees (collectively, “Commissions”) members may serve two 4 year terms. If an individual completes serving and separates, such person cannot be reappointed to the same board or commission for at least twelve consecutive months unless authorized by City Council to extend their term for another 4 year terms. This would align the Commissioner terms with that of the Councilmember who appointed them.

At the July 21, 2021 City Council meeting, the City Council amended MPMC § 2.04.050 changing the election date from March of even years to November of even years as mandated by Senate Bill 970. As a result, the current commission terms beginning May 1 and ending April 30 the following year does not correlate with the November election date.

BACKGROUND:

At the June 2, 2021 Council meeting, the City Council adopted Ordinance No. 2209 amending section § 2.82.050 changing the commissioners’ terms to two 4 years term with the option of extending their term by City Council authorization. It is recommended the City Council consider extending the following commissioners’ terms to align with the appointing councilmember’s term limit.

New Business - 5A

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Staff Report

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May 4, 2022
Commission on Aging Council Member
Henry Lo
Tak Kuen "Charles" Mau Terms:
1/7/15 - 4/30/15
5/1/15 - 4/30/16
5/1/16 - 4/30/17
5/1/17 - 4/30/18
5/1/18 - 4/30/19
5/1/19 - 4/30/20
5/1/20 - 4/30/21
5/1/21 - 4/30/22
Business Improvement
District Advisory Committee
Council Member
Vacant
Guey Lin Jeng (Gene) Terms:
8/21/13 - 4/30/14
5/1/14 - 4/30/15
5/1/15 - 4/30/16
5/1/16 - 4/30/17
5/1/17 - 4/30/18
5/1/18 - 4/30/19
5/1/19 - 4/30/20
5/1/20 - 4/30/21
5/1/21 - 4/30/22
Community Participation
Commission
Council Member
Peter Chan
Victoria Chavez-Calderon Terms:
8/7/13 - 4/30/14
5/1/14 - 4/30/15
5/1/15 - 4/30/16
5/1/16 - 4/30/17
5/1/17 - 4/30/18
5/1/18 - 4/30/19
5/1/19 - 4/30/20
5/1/20 - 4/30/21
5/1/21 - 4/30/22
Planning Commission Council Member
Hans Liang
Ricky Choi Terms:
8/7/13 - 4/30/14
5/1/14 - 4/30/15
5/1/15 - 4/30/16
5/1/16 - 4/30/17
5/1/17 - 4/30/18
5/1/18 - 4/30/19
5/1/19 - 4/30/20
5/1/20 - 4/30/21
5/1/21 - 4/30/22
Traffic Commission Council Member
Hans Liang
Benkin Jong Terms:
11/6/13 - 4/30/14
5/1/14 - 4/30/15
5/1/15 - 4/30/16
5/1/16 - 4/30/17
5/1/17 - 4/30/18
5/1/18 - 4/30/19
5/1/19 - 4/30/20
5/1/20 - 4/30/21
5/1/21 - 4/30/22

Page 41 of 411 ends

Staff Report

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May 4, 2022
In addition, the City Council may wish to consider amending the section 2.82.60 changing the commission term from May 1 to April 30 of next year to January 1 to December 31 of next year to coincide with the City Council November election dates.

FISCAL IMPACT:

None.

Respectfully submitted by: Prepared by:

Vincent D. Chang
City Clerk
Cindy H. Trang
Deputy City Clerk
Reviewed by:

Inez Alvarez
Assistant City Manager
Reviewed by: Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney
Attachments:

1. Draft Ordinance

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Staff Report
May 4, 2022
ATTACHMENT 1
Draft Ordinance

Page 43 of 411 ends

ORDINANCE NO.

AN ORDINANCE AMENDING SECTIONS OF THE MONTEREY PARK
MUNICIPAL CODE CHAPTER 2.82.60 REGULATING THE APPOINTMENT PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES.

The City Council of the City of Monterey Park does ordain as follows:

SECTION 1: MPMC § 2.82.060 is amended to read as follows:

“2.82.060 Appointment Procedures.

A. Persons seeking appointment to a committee should file applications, in a form prescribed by the city clerk, or designee, to with the city clerk’s office.

C. Every term begins May January 1 and ends April December 3130 of the following year.”

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Ordinance No.

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provisions of this Ordinance are severable.

SECTION 7: Effective Date. This Ordinance will become effective 30 days after second reading and adoption.

PASSED AND ADOPTED this ____ day of _________, 2022.

____________________________
Henry Lo, Mayor

ATTEST:

________________________________
Vincent D. Chang, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

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City Council Staff Report
DATE: May
18, 2022
AGENDA ITEM NO:

TO: The Hon
orable Mayor and City Council
FROM: Kelly Gordon, Chief of Police
SUBJECT: Waive further reading and adopt an uncodified Ordinance approving a Monterey Park Police Department Military Equipment Use Policy in accordance with California Assembly Bill 481.

RECOMM
ENDATION:

It is recommended that the City Council consider:

1. Waiving second reading and adopting the proposed ordinance; and

2. Taking such additional, related, action that may be desirable.

EXECUTIVE SUMMARY:

The first reading and introduction of the Ordinance took place at the May 4, 2022, City Council
meeting. The original staff report (from May 4, 2022) is attached for reference. Second reading and adoption of this Ordinance is recommended; it will take effect in 30 days.

Respectfully submitted by:

Kelly Gordon
Chief of Police
Approved by: Reviewed by:

Ron Bow
City Manager
Joaquin Vazquez
Deputy City Attorney

ATTACHME
NT:

1. Ordinance with MEU Policy attached as Exhibit “A”

2. May 4, 2022, Staff Report
Consent Calendar - 3D

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Staff Report
May 18, 2022
ATTACHMENT 1
Draft Ordinance

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ORDINANCE NO.

AN ORDINANCE ADOPTING A MILITARY EQUIPMENT USE POLICY.

The City Council of the City of Monterey Park does ordain as follows:

SECTION 1: T
he City Council finds and declares that:

A. Assembly Bill 481 (“AB 481”), codified at Government Code §§ 7070 through 7075, requires City Council adoption, via ordinance, of a military equipment use policy (“MEU Policy”) at a regular meeting prior to taking certain actions related to the funding, acquisition, or use of military equipment, including without limitation, the continued use of military equipment acquired before January 1, 2022.

B. The City Council seeks to approve a MEU Policy consistent with AB 481 by adopting this Ordinance.

C. Pursuant to Government Code § 7071(b), MPPD staff made MEU Policy documents available on the City’s website and submitted the MEU policy to the City Council at least 30 days prior to City Council consideration of adoption of the MEU Policy.

SECTION 2: A
doption of MEU Policy. The City Council adopts the proposed MEU Policy based upon the totality of evidence in the record based upon the findings set forth below, in accordance with Government Code § 7071(d)(1). For purposes of this Section 2, “MEU Policy” refers to policy attached to this Ordinance as Exhibit “A.”

A
. The military equipment described in the City’s MEU Policy is necessary because there is no reasonable alternative that can achieve the same objective of MPPD officer and civilian safety.

B. The City’s MEU Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

C. Any military equipment to be purchased will be reasonably cost effective compared to reasonably alternatives that can achieve the same objective of MPPD officer and civilian safety.

D. MPPD’s prior use of military equipment complied with applicable use policies.

SECTION 3: A
nnual Review; Policy Posting. The City Council directs the MPPD Police Chief, or designee, to:

A
. Present this Ordinance to the City Council for its annual review where it will vote on whether to renew this Ordinance, beginning within one year of the

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Ordinance No.

Page 2 of 3 ends

effective date of this Ordinance (Gov. Code, § 7071(e)(1)).

B. Submit an annual MEU Policy equipment report to the City Council for the body to consider compliance with the MEU Policy, beginning within one year of the effective date of this Ordinance, to assist with the City Council’s review of this Ordinance as described in paragraph A, above.

C. Conduct a well -publicized and conveniently located communit y engagement meeting at least 30 days prior to submitting the annual report, as described in paragraph B above, to the City Council (Gov. Code, § 7072(b)).

D. Post the City’s adopted MEU Policy on the City’s website as long as associated military equipment is in MPPD use (Gov. Code, § 7071(d)(2)).

E. Post each annual report, as described in paragraph B above, on the City’s website for as associated military equipment is in MPPD use (Gov. Code, § 7072(a)).

SECTION 4: E
nvironmental Review. Adoption of this Ordinance is exempt from further environmental review under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq., “CEQA”) and CEQA Guidelines (14 Cal. Code of Regs., § 15000 et seq., “CEQA Guidelines”) because the Ordinance concerns general policies and procedures and therefore, pursuant to CEQA Guidelines § 15061(b)(3), it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.

SECTION 5: E
lectronic Signatures . This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 6: C
onstruction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 7: S
everability. If any part of this Ordinance or its Application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 8: R
ecordation. The City Clerk, or designee, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Monterey Park ’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, and cause it to be published or posted in accordance with California law.

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Ordinance No.

Page 3 of 3 ends

SECTION 9: Eff
ective Date. This Ordinance will become effective 30 days after second reading and adoption.

PASSED AND ADOPTED this ____ day of _________, 2021.

____________________________
Henry Lo, Mayor

ATTEST:

________________________________
Vincent D. Chang, City Clerk

APPROVED AS TO FORM:

Karl H. Berger, City Attorney

By: ________________________________
Joaquin Vazquez, Deputy City Attorney

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EXHIBIT "A"
MEU Policy

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Published with permission by Monterey Park Police
Department

Monterey Park Police Department
Monterey Park PD Policy Manual

Military Equipment
709.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of “military equipment” (See Government Code §§ 7070; 7072).

709.1.1 DEFINITIONS

Definitions related to this policy include (Government Code § 7070):

Governing body - The Monterey Park City Council.

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 handguns.
• 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.

Policy
709

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Monterey Park Police Department
Monterey Park PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2021112/30, All Rights Reserved.

Published with permission by Monterey Parle Police
Department
***DRAFT*** Military Equipment - 2

709.2 APPROVAL OF THE GOVERNING BODY

The Chief of Police or his/her authorized designee shall seek approval for this policy from the governing body in the form of an ordinance adopting the policy. As part of the approval seeking process, the Chief of Police, or his/her authorized designee, wi ll submit the proposed military equipment policy to the governing body and make it available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071).

The governing body must approve the policy prior to the Department or its members engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available by the U.S. Department of Defense 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.

709.3 POLICY

The acquisition of military equipment and its deployment in our communities may impact th e public’s safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such eq uipment. Decisions whether and how to fund, acquire, or use military equipment will be made with strong consideration for the public’s welfare, safety, civil rights, and civil liberties and also account for the public’s input.

It is the policy of the Monterey Park Police Department that there are legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is f unded, acquired, or used.

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Monterey Park Police Department
Monterey Park PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2021112/30, All Rights Reserved.

Published with permission by Monterey Parle Police
Department
***DRAFT*** Military Equipment - 3

Members of the Monterey Park Police Department will only use military equipment in compliance with federal and state legal authorities, including the Fourth and Fifth Amendments of the U.S. Constitution; Article 1, Section 1 of t he California Constitution; Government Code § 7286; and, California Penal Code §§ 835a and 13652. Members of the Monterey Park Police Department will only use military equipment consistent with applicable Department rules and regulations, including the Use of Force Policy. Violations of the law or this Policy may result in criminal or administrative investigations and/ or disciplinary action up to and including termination

The Department, through the designated Military Equipment Coordinator, will ensure t hat members of the Department are trained to only use military equipment only in accordance with this Policy. Members using military equipment for uses not identified as approved uses in the Military Equipment Inventory shall be are subject to discipline, up to and including termination.

All instances of non -compliance will be reported to City Council via the annual military equipment report.

The City Council shall have independent oversight of the Department’s compliance with this Policy.

709.4 MILITARY EQUIPMENT COORDINATOR

The Chief of Police will designate a member of this Department to act as the Military Equipment Coordinator (“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,” as defined in Government Code § 7070 , 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 Monterey 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).

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Monterey Park Police Department
Monterey Park PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2021112/30, All Rights Reserved.

Published with permission by Monterey Parle Police
Department
***DRAFT*** Military Equipment - 4

(g) Receive and timely respond to public concerns, complaints, or questions regarding the use of military equipment.

709.5 PUBLIC COMPLAINTS, CONCERNS AND QUESTIONS

Members of the public may register complaints or submit questions or concerns about the use of each type of military equipment in this Policy in writing to:

Monterey Park Police Department
Attn: Military Equipment Coordinator
320 W. Newmark Avenue
[email protected]

Whenever practical, the Coordinator will respond to concerns, complaints and questions within 30 calendar days of receipt. Responses may take longer depending on the nature and volume of concerns, complaints, and questions that the Coordinator receives.

The Coordinator will track complaints, concerns, and questions received, and the responses provided, in order to be able to include the information in the Annual Report described below.

709.6 MILITARY EQUIPMENT INVENTORY

The following constitutes a list of qualifying equipment in the possession of the Department:

See attachment: Monterey Park PD Military Equipment Inventory

709.7 COORDINATION WITH OTHER JURISDICTIONS

Police Department will not collaborate with other law enforcement agencies to use military equipment in this jurisdiction unless the military equipment is approved for use, and used in accordance with this policy.

709.8 ANNUAL REPORT

Upon approval of a military equipment policy, the Chief of Police or the authorized designee will 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 will 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 will include all information required by Government Code § 7072 for

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Monterey Park Police Department
Monterey Park PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2021112/30, All Rights Reserved.

Published with permission by Monterey Parle Police
Department
***DRAFT*** Military Equipment - 5

the preceding calendar year for each type of military equipment in department inventory.

709.9 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 will discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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Monterey Park PD Military Equipment Inventory 1
Type DRONE
Description The DJI Mavic 2 is a remote controlled, aerial, unmanned device used to surveil an area or building before officers enter it. https://www.dji.com/mavic-2
Quantity One (1).

Capabilities The DJI Mavic 2 is a remote controlled quadcopter frame with 4 motors that equalize the turning force provided by rotating propellers.

The UAS is a system equipped with a camera and is operable under FAA rules & regulation.

Cost $15,000 initial cost.

Purpose The DJI Mavic 2 enhances the capabilities of officers in tactical situations by allowing them to inspect dangerous situations from a safe distance quickly and safely.

Authorized Use To perform aerial data collection for officer safety and tactical incidents while also respecting the privacy of the community.

Expected lifespan 2 years.

Fiscal impact $200 annual maintenance.

Training FAA Part 107 (Remote Pilot) License / 2 yrs recertification.

Legal and procedural rules The drone will be deployed for official law enforcement purposes in a manner that respects the privacy of our community and complies with department manual section 607 and pursuant to State and Federal Law, including the Fourth Amendment to the U.S. Constitution and Article I, Section 1 of the California Constitution.

Type DRONE
Description The AUTEL EVO II is a remote controlled, aerial, unmanned device used to surveil an area or building before officers enter it. https://www.auteldrones.com
Quantity One (1).

Capabilities The AUTEL EVO II is a remote controlled quadcopter frame with 4 motors that equalize the turning force provided by rotating propellers.

The UAS is a system equipped with a camera, communication speaker, and is operable under FAA rules & regulation.

Cost $15,000 initial cost;
Purpose The AUTEL EVO II enhances the capabilities of officers in tactical situations by allowing them to inspect dangerous situations from a safe distance quickly and safely.

Authorized Use To perform aerial data collection for officer safety and tactical incidents while also respecting the privacy of the community.

Expected lifespan 2 years.

Fiscal impact $200 annual maintenance.

Training FAA Part 107 (Remote Pilot) License / 2 yrs recertification.

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Monterey Park PD Military Equipment Inventory 2
Legal and procedural rules The drone will be deployed for official law enforcement purposes in a manner that respects the privacy of our community and complies with department manual section 607 and pursuant to State and Federal Law, including the Fourth Amendment to the U.S. Constitution and Article I, Section 1 of the California Constitution.

Type ROBOT
Description The Marcbot IV is a remote controlled, four wheel, unmanned device used to surveil an area or building before officers enter it. https://www.exponent.com
Quantity Four (4).

Capabilities The Marcbot IV is equipped with a camera mounted to an extension boom that provides a real time view of its surroundings.

Cost No initial cost. Acquired through the Law Enforcement Support Office - LESO/1033 program under 10 USC 2567a.

Purpose The Marcbot IV enhances the capabilities of officers in tactical situations by allowing them to inspect dangerous situations from a safe distance quickly and safely.Authorized Use Only officers who have completed training shall be permitted to operate the robot. Deployment of the robot will be authorized by the Incident or Tactical Commander.Expected lifespan 2 years.

Fiscal impact
Annual maintenance and battery replacement cost is approximately $1,200.

Training All robot operators must complete three (3) hours of safe operation training provided by the S.R.T. Team.

Legal and procedural rules The Marcbot IV will only be deployed with the authorization of the Incident or Tactical Commander and will only be deployed for official law enforcement purposes in a manner that respects the privacy of our community and complies with State and Federal Law, including the Fourth Amendment to the U.S. Constitution and Article I, Section 1 of the California Constitution.

Type ROBOT
Description The Throwbot (Recon Robotics) is a throwable remote controlled, two wheel, unmanned device used to surveil an area or building before officers enter it. https://reconrobotics.com
Quantity Four (4).

Capabilities The Throwbot is equipped with a camera mounted that provides a real time view of its surroundings.

Cost No initial cost. Acquired through the Law Enforcement Support Office - LESO/1033 program under 10 USC 2567a.

Purpose The Throwbot enhances the capabilities of officers in tactical situations by allowing them to inspect dangerous situations from a safe distance quickly and safely.

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Monterey Park PD Military Equipment Inventory 3
Authorized Use Only officers who have completed training shall be permitted to operate the robot. Deployment of the robot will be authorized by the Incident or Tactical Commander.

Expected lifespan 2 Years.

Fiscal impact Annual maintenance is approximately $200.

Training All robot operators must complete three (3) hours of safe operation training provided by the S.R.T. Team.

Legal and procedural rules The Throwbot will only be deployed with the authorization of the Incident or Tactical Commander and will only be deployed for official law enforcement purposes in a manner that respects the privacy of our community and complies with State and Federal Law, including the Fourth Amendment to the U.S. Constitution and Article I, Section 1 of the California Constitution.

Type ROBOT
Description The 510 PackBot is a remote controlled, tracked, unmanned device used to surveil an area or building before officers enter it. https://www.flir.com
Quantity Two (2).

Capabilities The 510 Packbot is equipped with a camera that provides a real time view of its surroundings and an articulating arm that allows it to open doors and move objects.

Cost No initial cost. Acquired through the Law Enforcement Support Office - LESO/1033 program under 10 USC 2567a.

Purpose The 510 PackBot enhances the capabilities of officers in tactical situations by allowing them to inspect dangerous situations from a safe distance quickly and safely.

Authorized Use Only officers who have completed training shall be permitted to operate the robot. Deployment of the robot will be authorized by the Incident or Tactical Commander.

Expected lifespan 2 years.

Fiscal impact
Annual maintenance and battery replacement cost is approximately $1,200.

Training All robot operators must complete three (3) hours of safe operation training provided by the S.R.T. Team.

Legal and procedural rules The 510 Packbot will only be deployed with the authorization of the Incident or Tactical Commander and will only be deployed for official law enforcement purposes in a manner that respects the privacy of our community and complies with State and Federal Law, including the Fourth Amendment to the U.S. Constitution and Article I, Section 1 of the California Constitution.

Type Armored Rescue Vehicle

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Monterey Park PD Military Equipment Inventory 4
Description The Bearcat is a, four-wheeled, ballistic armored rescue vehicle manufactured by Lenco in 2003. The vehicle has a door located at the driverside, passengerside and rear of the vehicle. There is one roof opening and seats inside the vehicle. The vehicle is clearly identified with Department markings and equipped with additional lighting, a unit control system, and a police radio. https://www.lencoarmor.com Quantity One (1).

Capabilities The armored vehicle provides ballistic protection from firearms and other projectiles. This vehicle is used for rescue and to transport tactical team members is tactical situations.

Cost $250,000.00
Purpose The Bearcat is used for rescue and to transport Department personnel, primarily tactical team members, to designated high-risk law enforcement operations. The armor on this vehicle provides ballistic protection from firearms and other projectiles.

Authorized Use Only officers who have completed training shall be permitted to operate the Bearcat. Deployment of the Bearcat will be authorized by the Incident or Tactical Commander.

Expected lifespan 5 years.

Fiscal impact Annual maintenance and fuel cost is approximately $1,500.

Training All Bearcat operators must complete three (3) hours of safe operations training provided by the S.R.T. Team.

Legal and procedural rules The Bearcat will only be deployed with the authorization of the Incident or Tactical Commander for rescue and official law enforcement purposes.

Type Armored Rescue Vehicle
Description The Peace Keeper is a, four-wheeled, ballistic armored rescue vehicle manufactured by Cadillac Gage in the 1980's. The vehicle has a door located at the driverside, passengerside and rear of the vehicle. There is one roof opening and seats inside the vehicle. The vehicle is clearly identified with Department markings and equipped with additional lighting, a unit control system, and a police radio.
https://www.militaryfactory.com
Quantity 2
Capabilities The armored vehicle provides ballistic protection from firearms and other projectiles. This vehicle is used for rescue and to transport tactical team members is tactical situations.

Cost No initial cost. Acquired through the Law Enforcement Support Office - LESO/1033 program.

Purpose The Cadillac Gage Ranger is a four-wheeled armored personnel carrier produced by Cadillac Gage, built on a Dodge truck chassis.

Authorized Use Only officers who have completed training shall be permitted to operate the Bearcat. Deployment of the Bearcat will be authorized by the Incident or Tactical Commander.

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Monterey Park PD Military Equipment Inventory 5
Expected lifespan 2 years.

Fiscal impact Annual maintenance and fuel cost is approximately $500.

Training All Peacekeeper operators must complete three (3) hours of safe operations training provided by the S.R.T. Team.

Legal and procedural rules The Peacekeeper will only be deployed with the authorization of the Incident or Tactical Commander for rescue and official law enforcement purposes.

Type Command Control Vehicle
Description The Field Supervisor Vehicle (2013 Chevrolet, Tahoe) is a special purpose built mobile command post. The vehicle is clearly identified with Department markings and equipped with emergency lighting, a unit control system, rear command post setup, and several police radios.

Quantity One (1).

Capabilities The Field Supervisor Vehicle is equipped with radios and area maps to function as a mobile command post during critical incidents and large events.

Cost $79,000
Purpose To be used as a mobile command post during specific circumstances, critical incidents, large events, natural disaster, or community event that is taking place.

Authorized Use The Field Supervisor Vehicle shall be used by officers trained in in its use and in a manner consistent with Department policy and training.

Furthermore, only personnel who have completed the Department’s driving and operations training will be allowed to drive the the vehicle.

Expected lifespan 5 years.

Fiscal impact Annual maintenance and fuel cost is approximately $9,000.

Training The driver shall receive training in the safe handling of the vehicle in accordance with POST Perishable Skills Program (PSP)Driver Training/ Awareness.

Legal and procedural rules This vehicle is primarily assigned to be driven by those who are designated as the field supervisor.

Type Command Control Vehicle
Description The Field Supervisor Vehicle (2018 Ford, Explorer) is a special purpose built mobile command post. The vehicle is clearly identified with Department markings and equipped with emergency lighting, a unit control system, command post system, and several police radios.

Quantity One (1).

Capabilities The Field Supervisor Vehicle is equipped with radios and area maps to function as a mobile command post during critical incidents and large events.

Cost $45,000

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Monterey Park PD Military Equipment Inventory 6
Purpose To be used as a mobile command post during specific circumstances, critical incidents, large events, natural disaster, or community event that is taking place.

Authorized Use The Field Supervisor Vehicle shall be used by officers trained in in its use and in a manner consistent with Department policy and training.

Furthermore, only personnel who have completed the Department’s driving and operations training will be allowed to drive the the vehicle.

Expected lifespan 5 years.

Fiscal impact Annual maintenance and fuel cost is approximately $14,000.

Training The driver shall receive training in the safe handling of the vehicle in accordance with POST Perishable Skills Program (PSP)Driver Training/ Awareness.

Legal and procedural rules This vehicle is primarily assigned to be driven by those who are designated as the field supervisor.

Type Command Control Vehicle
Description The Field Supervisor Vehicle (2002 Ford, Expedition) is a special purpose built mobile command post. The vehicle is clearly identified with Department markings and equipped with emergency lighting, a unit control system, command post system, tactical equipment, and several police radios.

Quantity One (1).

Capabilities The Field Supervisor Vehicle is equipped with radios and area maps to function as a mobile command post during critical incidents and large events.

Cost $70,000
Purpose To be used as a mobile command post during specific circumstances, critical incidents, large events, natural disaster, or community event that is taking place.

Authorized Use The Field Supervisor Vehicle shall be used by officers trained in in its use and in a manner consistent with Department policy and training.

Furthermore, only personnel who have completed the Department’s driving and operations training will be allowed to drive the the vehicle.

Expected lifespan 3 years.

Fiscal impact Annual maintenance and fuel cost is approximately $6,000.

Training The driver shall receive training in the safe handling of the vehicle in accordance with POST Perishable Skills Program (PSP)Driver Training/ Awareness.

Legal and procedural rules This vehicle is primarily assigned to be driven by those who are designated as the field supervisor.

Type 12 Gauge Breaching Munition

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Monterey Park PD Military Equipment Inventory 7
Description The breaching munition by Royal Arms is a translucent 12- gauge shell loaded with a compressed copper frangible slug. The munition is launched from a designated Department owned shotgun (Remington 870 12-gauge). https://royalarms.com
Quantity 20 rounds
Capabilities Used to defeat doors, locking mechanisms, and hindges.

Cost Approximately $150.

Purpose Used as a method to breach door locks or hinges to quickly gain entry into a structure.

Authorized Use Only officers who have completed training shall be permitted to operate the Bearcat. Deployment of the Bearcat will be authorized by the Incident or Tactical Commander.

Expected lifespan 2 years.

Fiscal impact Initial cost of approximately $150.

Training Designated Department tactical team personnel receive initial and on- going training on the deployment of 12-gauge breaching munitions from a designated Remington 12-gauge Department owned shotgun with a specialized barrel that contains a serrated front edge or standoff ported device. This training generally occurs at the POST certified 80-hour SWAT school and/or at a designated SWAT breaching course. Tactical team personal also receive annual in-house training.

Legal and procedural rules The 12 Gauge Breaching Munition is primarily a tactical team deployment munition. Department Policy section 404, applicable related Department procedures and the law. Authority to use certain munitions is based on the Department Policy and procedures considering the tactical operation
and the law.

Type Rifles
Description Firearms that are fired from the from the shoulder, having a long spiral grooved barrel to make bullets spin and thereby have greater accuracy over a long distance. HK 416, Colt M4, AR15 rifles.

Quantity 76
Capabilities To provide precision fire to address a threat with more accuracy than a handgun, particularly at greater distances.

Cost $2,100 each.

Purpose To be used as a precision firearm to address a threat with more accuracy than a handgun, particularly at greater distances.

Authorized Use Only members who have completed P.O.S.T. certified training are authorized to deploy a rifle.

Expected lifespan 10 years.

Fiscal impact Annual maintenance is approximately $50 for each rifle.

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Monterey Park PD Military Equipment Inventory 8
Training Prior to using a rifle, Officers must be certified by a P.O.S.T. instructor in the operation of the rifle. Additionally, all members that operate the rifle are required to train with it a minimum of two (2) times a year and must pass a bi-annual range qualification.

Legal and procedural rules Officers will deploy rifles in accordance with Department manual section 305.3.3, and pursuant to State and Federal law regarding the use of force.

Type MP5
Description MP5 Submachine gun manufactured by Heckler & Koch. https://www.heckler-koch.com
Quantity 9
Capabilities To provide precision fire with more accuracy than a handgun in confined areas.

Cost $1,800 each.

Purpose To provide precision fire to address a threat with more accuracy than a handgun in confined areas.

Authorized Use Only members who have completed P.O.S.T. certified S.W.A.T. training course are authorized to deploy the MP5.

Expected lifespan 5 years.

Fiscal impact Annual maintenance is approximately $50 for each firearm.

Training Designated Department tactical team personnel receive initial and on- going training on theuse of the MP5. This training generally occurs at the POST certified 80-hour SWAT school and Tactical team in-house training.

Legal and procedural rules Officers will deploy the MP5 in accordance with Department manual section 305.6, 404, and pursuant to State and Federal law regarding the use of force.

Type Benelli M1
Description The Benelli M1 semi-automatic shotgun is outfitted with a 14.5 inch barrel. https://benelliusa.com
Quantity 3
Capabilities The shortend barrel provides greater maneuverability in confined areas.

Cost $1,100 each.

Purpose To provide precision fire to address a threat with more accuracy than a handgun in confined areas.

Authorized Use Only members who have completed P.O.S.T. certified S.W.A.T. training course are authorized to deploy the Benelli M1.

Expected lifespan 5 years.

Fiscal impact Annual maintenance is approximately $50 for each firearm.

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Monterey Park PD Military Equipment Inventory 9
Training Designated Department tactical team personnel receive initial and on- going training on theuse of the MP5. This training generally occurs at the POST certified 80-hour SWAT school and Tactical team in-house training.

Legal and procedural rules Officers will deploy the Benelli M1 in accordance with Department manual section 305.6, 404, and pursuant to State and Federal law regarding the use of force.

Type Remington 870 - 12 Gauge short barrel shotgun
Description The Remington 870 - 12 Gauge shotgun is outfitted with a 14 inch barrel. https://www.remarms.com
Quantity 12
Capabilities The shortend barrel provides greater maneuverability in and out of the confines of the police vehicle.

Cost $450 each.

Purpose To provide officers a larger firearm to address a threat with more accuracy than a handgun.

Authorized Use Only those officers who have been trained in the use of Remington 870 are authorized to use them.

Expected lifespan $1,500 - Bi-annual firearms training / qualification.

Fiscal impact Annual maintenance is approximately $50 for each firearm.

Training Department personnel receive initial and on-going in-house training on the use of the Remington 870 12-gauge shotgun on a bi-annual basis.

Legal and procedural rules Officers will deploy the Benelli M1 in accordance with Department manual section 305 and pursuant to State and Federal law regarding the use of force.

Type Noise Flash Diversionary Device (NFDD)
Description An NFDD is a less lethal munition. The NFDD used by the Department is reloadable. The reloadable body is manufacturered by Defense Technology. The NFDD is placed into a metal cylindrical shaped body with ports. The metal cylindrical shaped body can be reused based on the manufacturer’s specifications. https://www.defense- technology.com
Quantity 12
Capabilities A non-bursting, non-fragmenting single use device that produces a loud sound and bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.

Cost $50 each.

Purpose To produce brilliant light and loud sound to momentarily distract a suspect or subject (6-8 seconds), to enhance the officers’ ability to safely contact and detain, or arrest.

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Monterey Park PD Military Equipment Inventory 10
Authorized Use Diversionary devices shall only be used by S.W.A.T. Operators who have been trained in their proper use during hostage and barricaded subject situations, high-risk warrant (search/arrest) services where there may be extreme hazards to officers, or during other high-risk situations where their use would enhance officer and community safety.

Expected lifespan 5 years.

Fiscal impact No annual maintenance.

Training Prior to use, S.R.T. Operators must attend diversionary device training that is conducted by the manufacturer or P.O.S.T. certified instructors.

Legal and procedural rules The Department will only utilize diversion devices for official law enforcement purposes, pursuant to State and Federal law regarding the use of force.

Type Noise Flash Diversionary Device (NFDD)
Description The 7290-9-Flash Bang NFDD is a less lethal munition which delivers nine noise and flash diversions on deployment. The 9-Bang NFDD used by the Department is manufacturered by Combined Tactical Systems.

The NFDD has a multi-bang feature placed into a metal cylindrical shaped body with ports. https://www.combinedsystems.com Quantity 12
Capabilities A non-bursting, non-fragmenting single use device that produces a loud sound and bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.

Cost $1,859 per quantity of 12.

Purpose To produce brilliant light and loud sound to momentarily distract a suspect or subject (6-8 seconds), to enhance the officers’ ability to safely contact and detain, or arrest.

Authorized Use Used by SRT during rescue and high risk tactical situations.

Expected lifespan 5 years.

Fiscal impact No annual maintenance.

Training Prior to use, S.R.T. Operators must attend diversionary device training that is conducted by the manufacturer or P.O.S.T. certified instructors.

Legal and procedural rules The Department will only utilize diversion devices for official law enforcement purposes, pursuant to State and Federal law regarding the use of force.

Type Pepperball Launcher
Description High-capacity, semi-automatic launcher designed to launch less than lethal PepperBall projectiles which contain PAVA. PAVA, is an organic compound and a capsaicinoid. Pepperball is for direct impact and area saturation. https://www.pepperball.com
Quantity Two (2).

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Monterey Park PD Military Equipment Inventory 11
Capabilities The pepperball launcher is a compressed-air powered launcher designed to fire non-lethal PepperBall projectiles. The pepperball launcher utilizes a hopper feed system contain the projectiles.

Cost $600 each.

Purpose To de-escalate a situation and lower the potential for the use of lethal force. Situations for use of the less lethal weapon systems may include, but are not limited to, dangerous and/or combative individuals, riot and civil unrest incidents, circumstances where a tactical advantage can be obtained, and potentially vicious animals.

Authorized Use Only those officers who have been trained in the use of PepperBall launchers are authorized to use them.

Expected lifespan 5 years.

Fiscal impact
Annual maintenance is approximately $50 for each PepperBall launcher.

Training Sworn members utilizing PepperBall launchers and projectiles are trained in their use by the manufacturer or P.O.S.T. certified less lethal and chemical agent instructors.

Legal and procedural rules Officers will deploy the PepperBall launcher in compliance with Department Manual Section 302.7.2 and pursuant to State and Federal law, including those regarding the use of force and in compliance with Penal Code section 13652.

Type Chemical Agent and Smoke Canisters
Description CS gas, OC, and smoke are encased in metal devices by the manufacturer Defense Technology. CS gas, smoke and OC devices are clearly marked and the manufacturer has developed different models which vary in size and method of disbursement. Detailed information on these products is available on the manufacturer’s internet site.

Smoke is not a CS gas, or OC product. https://www.defense- technology.com
Quantity 24
Capabilities Chemical agent canisters provide a high volume, continuous burn it expels its payload in approximately 20-40 seconds.

Cost $47 each.

Purpose High volume, continuous burn it expels its payload in approximately 20- 40 seconds. CS, OC, and smoke munitions are primarily used by Department tactical team
members for tactical operations. This supply is primarily maintained for tactical purposes related to high risk, barricade and/or mobile field force situations. Smoke can also be used for concealment purposes during tactical operations.

Authorized Use Only officers who have received training from the manufacturer or P.O.S.T. certification in the use of chemical agents are authorized to use them.

Expected lifespan 5 years.

Fiscal impact No annual maintenance.

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Monterey Park PD Military Equipment Inventory 12
Training Sworn members utilizing chemical agent canisters must be certified by P.O.S.T. less lethal and chemical agent instructors.

Legal and procedural rules Officers will only deploy chemical agents in compliance with Department manual section 302.6 and pursuant to State and Federal law, including those regarding the use of force and in compliance with Penal Code section 13652.

Type 40 mm Launcher - Single
Description The 40 mm LMT launcher by Defense Technology is a lightweight single shot 40 MM launcher. The launcher comes equipped with a picatinny rail mounting system with a bead sight which will accept a wide array of enhanced optics or sighting systems. A sling can be applied and used for carrying purposes. https://www/defense- technology.com
Quantity 21
Capabilities The 40 mm LMT launcher is used to deploy less than lethal munitions for de-escalation of force.

Cost $914 each.

Purpose To limit the escalation of conflict and to decrease the potential use of lethal force.

Authorized Use Examples of situations where less lethal weapon systems may include but are not limited to: Dangerous and/or combative individuals, barricaded suspects, and aggressive animals.

Expected lifespan 10 years.

Fiscal impact Annual maintenance is approximately $20 for each launcher.

Training Sworn members utilizing 40 mm launcher to deploy less than lethal chemical agents or impact rounds are trained in their use by the manufacturer or P.O.S.T. certified less lethal and chemical agent instructors.

Legal and procedural rules Officers will deploy 40 mm impact and chemical agents in compliance with Department manual section 302.9 and pursuant to State and Federal Law regarding the use of force and in compliance with Penal Code section 13652.

Type 40 mm Launcher - multi-shot
Description The 40 mm multi-shot is capable of firing six rounds of munitions. The 40 mm multi-shot launcher is manufactured by Penn Arms. The launcher comes equipped with a picatinny rail mounting system with a bead sight which will accept a wide array of enhanced optics or sighting systems. A sling can be applied and used for carrying purposes. https://www.pennarms.com
Quantity 1

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Monterey Park PD Military Equipment Inventory 13
Capabilities The 40 mm launcher is used to deploy less than lethal munitions for de- escalation of force.

Cost $1,500
Purpose To limit the escalation of conflict and to decrease the potential use of lethal force.

Authorized Use Examples of situations where less lethal weapon systems may include but are not limited to: Dangerous and/or combative individuals, barricaded suspects, and aggressive animals.Expected lifespan 10 years.

Fiscal impact Annual maintenance is approximately $20 for each launcher.

Type 40 mm - Exact Impact munition
Description The Exact Impact 40 mm round is a less than lethal munition manufactured by Defense Technology. The projectile has a round plastic body and a blue colored sponge nose. https://defense- technology.com
Quantity 100
Capabilities Minimum Safe Range 5 ft / 1.5 m
Maximum Effective Range 131 ft / 40 m
Cost $19.25 each.

Purpose To limit the escalation of conflict and to decrease the potential use of lethal force.

Authorized Use Examples of situations where less lethal weapon systems may include but are not limited to: Dangerous and/or combative individuals, barricaded suspects, and aggressive animals.

Expected lifespan 5 years.

Fiscal impact No annual maintainence.

Type 40 mm - GREEN Direct Impact munition

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Monterey Park PD Military Equipment Inventory 14
Description The 40 mm - Green crushable foam marking round is a less than lethal munition manufactured by Defense Technology. The projectile has a round plastic body and a green colored crushable foam nose. https://defense-technology.com
Quantity 5
Capabilities Minimum Safe Range 5 ft / 1.5 m
Maximum Effective Range 131 ft / 40 m
Cost $19.25 each.

Purpose To limit the escalation of conflict and to decrease the potential use of lethal force.

Authorized Use Examples of situations where less lethal weapon systems may include but are not limited to: Dangerous and/or combative individuals, barricaded suspects, and aggressive animals.

Expected lifespan 5 years.

Fiscal impact No annual maintainence.

Type 40 mm - ORANGE Direct Impact munition / OC
Description The 40 mm - Orange crushable foam marking round with OC chemical agent is a less than lethal munition manufactured by Defense Technology. The projectile has a round plastic body and a orange colored crushable foam nose. https://defense-techology.com Quantity 10
Capabilities Minimum Safe Range 5 ft / 1.5 m
Maximum Effective Range 131 ft / 40 m
Cost $25 each.

Purpose
To limit the escalation of conflict and to decrease the potential use of lethal force.

Authorized Use Examples of situations where less lethal weapon systems may include but are not limited to: Dangerous and/or combative individuals, barricaded suspects, and aggressive animals.

Expected lifespan 5 years.

Fiscal impact No annual maintenance.

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Monterey Park PD Military Equipment Inventory 15
Training Sworn members utilizing 40 mm launcher to deploy less than lethal chemical agents or impact rounds are trained in their use by the manufacturer or P.O.S.T. certified less lethal and chemical agent instructors.

Legal and procedural rules Officers will deploy 40 mm impact and chemical agents in compliance with Department manual section 302.7, 302.9, and pursuant to State and Federal Law regarding the use of force and in compliance with Penal Code section 13652.

Type 40 mm - BLUE Direct Impact munition / CS
Description The 40 mm - Blue crushable foam marking round with CS chemical agent is a less than lethal munition manufactured by Defense Technology. The projectile has a round plastic body and a blue colored crushable foam nose. https://www.defense-technology.com Quantity 10
Capabilities Minimum Safe Range 5 ft / 1.5 m
Maximum Effective Range 131 ft / 40 m
Cost $25 each.

Purpose To limit the escalation of conflict and to decrease the potential use of lethal force.

Authorized Use Examples of situations where less lethal weapon systems may include but are not limited to: Dangerous and/or combative individuals, barricaded suspects, and aggressive animals.

Expected lifespan 5 years.

Fiscal impact No annual maintenance.

Legal and procedural rules Officers will deploy 40 mm impact and chemical agents in compliance with Department manual section 302.6, 302.9, and pursuant to State and Federal Law regarding the use of force and in compliance with Penal Code section 13652.

Type 40 mm - Ferret CS delivery munition
Description Defense Technology, Ferret 40MM Liquid Barricade Penetrator Round. https://www.defense-technology.com
Quantity 22
Capabilities A less than lethal 40MM round used to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small amount of chemical agent inside of a structure or vehicle. In a tactical deployment situation, the 40MM Ferret is primarily used to dislodge barricaded subjects from confined areas.

Cost $23 each.

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Monterey Park PD Military Equipment Inventory 16
Purpose To limit the escalation of conflict and to decrease the potential use of lethal force.

Authorized Use Examples of situations where less lethal weapon systems may include but are not limited to: Dangerous and/or combative individuals, barricaded suspects, and aggressive animals.

Expected lifespan 5 years.

Fiscal impact No annual maintenance.

Legal and procedural rules Officers will deploy 40 mm impact and chemical agents in compliance with Department manual section 302.6 and pursuant to State and Federal Law regarding the use of force and in compliance with Penal Code section 13652.

Type 40 mm - Aerial Warning / Signal
Description The 40 mm aerial Warning/Signaling munitions is a less than lethal munitions designed to produce a flash of light and sound. https://www.defense-technology.com
Quantity 10
Capabilities The 40mm aerial Warning/Signaling munitions are less than lethal munitions designed to produce 170 dB of sound, and 5 million candelas of light. Each munition is manufactured to deflagrate at a set distance and altitude and has the option of delivering irritant payloads.

Cost $25 each.

Purpose To limit the escalation of conflict and to decrease the potential use of lethal force.

Authorized Use Examples of situations where less lethal weapon systems may include but are not limited to: Dangerous and/or combative individuals, barricaded suspects, and aggressive animals.

Expected lifespan 5 years.

Fiscal impact No annual maintenance.

Legal and procedural rules Officers will deploy 40 mm impact and chemical agents in compliance with Department manual section 302.10, 404, and pursuant to State and Federal Law regarding the use of force and in compliance with Penal Code section 13652.

Type 40 mm - Aerial Warning / Signal / OC

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Monterey Park PD Military Equipment Inventory 17
Description The 40 mm aerial Warning/Signaling munitions are less than lethal munitions designed to produce a flash of light and sound. This munition delivers OC irritant. https://www.defense-technology.com Quantity 10
Capabilities The 40mm aerial Warning/Signaling munitions are less than lethal munitions designed to produce 170 dB of sound, and 5 million candelas of light. Each munition is manufactured to deflagrate at a set distance and altitude and has the option of delivering irritant payloads.

Cost $25 each.

Purpose To limit the escalation of conflict and to decrease the potential use of lethal force.

Authorized Use Examples of situations where less lethal weapon systems may include but are not limited to: Dangerous and/or combative individuals, barricaded suspects, and aggressive animals.

Expected lifespan 5 years.

Fiscal impact No annual maintenance.

Legal and procedural rules Officers will deploy 40 mm impact and chemical agents in compliance with Department manual section 302.7, 302.8, 302.9, 302.10, 404, and pursuant to State and Federal Law regarding the use of force and in compliance with Penal Code section 13652.

Type 40 mm - Aerial Warning / Signal / CS
Description The 40 mm aerial Warning/Signaling munitions are less than lethal munitions designed to produce a flash of light and sound. This munition delivers CS irritant. https://www.defense-technology.com Quantity 8
Capabilities The 40mm aerial Warning/Signaling munitions are less than lethal munitions designed to produce 170 dB of sound, and 5 million candelas of light. Each munition is manufactured to deflagrate at a set distance and altitude and has the option of delivering irritant payloads.

Cost $25 each.

Purpose To limit the escalation of conflict and to decrease the potential use of lethal force.

Authorized Use Examples of situations where less lethal weapon systems may include but are not limited to: Dangerous and/or combative individuals, barricaded suspects, and aggressive animals.

Expected lifespan 5 years.

Fiscal impact No annual maintenance.

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Monterey Park PD Military Equipment Inventory 18
Training Sworn members utilizing 40 mm launcher to deploy less than lethal chemical agents or impact rounds are trained in their use by the manufacturer or P.O.S.T. certified less lethal and chemical agent instructors.

Type 12 gauge - Bean bag round.

Description The bean bag round is a less than lethal munition designed to be fored directly specifically targeted zones. The bean bag round is manufactured by Defense Technology. The translucent 12- gauge shell loaded with a 40-gram, tear shaped bag made from cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails. The round utilizes a smokeless powder as the propellant. The munition is launched from a designated Department owned shotgun (Remington 870 12-gauge). https://www.defense- technology.com
Quantity 150
Capabilities The 12 gauge - Bean bag round is a less than lethal direct fire kinetic energy projectile.

Cost $5 each.

Purpose To limit the escalation of conflict and to decrease the potential use of lethal force.

Authorized Use Examples of situations where less lethal weapon systems may include but are not limited to: Dangerous and/or combative individuals, barricaded suspects, and aggressive animals.

Expected lifespan 5 years.

Fiscal impact No annual maintenance.

Training Sworn members utilizing less than lethal 12 gauge - Bean bag round are trained in their use by the manufacturer or P.O.S.T. certified less lethal instructors.

Legal and procedural rules Officers will deploy the 12 gauge - Bean bag round in compliance with Department manual section 302.9 and pursuant to State and Federal Law regarding the use of force and in compliance with Penal Code section 13652.

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Staff Report
May 18, 2022
ATTACHMENT 2
May 4, 2022 City Council Staff Report

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City Council Staff Report
DATE
: May 4, 2022
AGENDA ITEM NO:

TO: T
he Honorable Mayor and City Council
FROM: Kelly Gordon, Chief of Police
SUBJECT: Consideration and possible action to read by title only, waive further reading, and introduce an uncodified Ordinance approving a Monterey Park Police Department Military Equipment Use Policy in accordance with California Assembly Bill 481.

RECO
MMENDATION:

It is recommended that the City Council consider:

1. Read by title only, waive further reading, and introduce an uncodified Ordinance approving Monterey Park Police Department Military Equipment Use Policy in accordance with California Assembly Bill 481; and

2. Taking such additional, related, action that may be desirable.

EXECU
TIVE SUMMARY:

The M
onterey Park Police Department staff has prepared the draft Military Equipment Use policy (or “MEU Policy”) in accordance with new state law requirements and submits it for City Council adoption via the proposed Ordinance prepared by the City Attorney’s office. Staff provided for timely posting of the draft MEU Policy on the City’s website on March 31, 2022, and concurrently submitted the proposed MEU Policy to the City Council for review.

If
approved for first reading as recommended in this report, the Ordinance would be scheduled for a second reading and prospective adoption at the next regular City Council meeting on May 18, 2022. If adopted, the Ordinance would be effective 30 days after adoption.

BACKGRO
UND:

Cal
ifornia Assembly Bill No. 481 (“AB 481”) added Government Code §§ 7070-7075 and took effect on January 1, 2022. AB 481 generally requires the legislative body associated with a local law enforcement agency to adopt a military equipment use policy via ordinance, before continuing use of military equipment in its inventory or acquiring additional military equipment (§ 7071.) May 1, 2022 is the deadline by which a local law enforcement agency must “commence a governing body approval process” for military equipment it acquired before January 1, 2022. Staff commenced this process with its New Business - 5B

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Staff Report

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May 4, 2022

online posting of the MEU Policy and submission to the City Council in March 2022, as noted above.

“Military equipment” is broadly defined in § 7070(d) and does not necessarily indicate equipment used by the military. It includes, without limitation, equipment such as:
unmanned aerial or ground vehicles; armored vehicles; command and control vehicles; pepper balls; less lethal shotguns; less lethal 40 mm projectile launchers, long- range acoustic devices; and flashbangs. The list of items considered “military equipment” includes equipment employed by many law enforcement agencies throughout the country as best practices to ensure public and officer safety.

FISCAL IMPACT:

The MEU Policy identifies already -incurred equipment acquisition costs and ongoing maintenance costs that have been factored into the Police Department budget. City Council approval of the proposed Ordinance will not create any new significant costs.

Respectfully submitted by:

Kelly Gordon
Chief of Police

Approved by:

Reviewed by:

Ron Bow
City Manager
Joaquin Vazquez
Deputy City Attorney

ATTACHMENT:

1. Ordinance with MEU Policy attached as Exhibit “A”

2. Text of AB 481

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Staff Report
May 4, 2022
AT
TACHMENT 1
Ordinance

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ORDINANCE NO.

AN ORDINANCE ADOPTING A MILITARY EQUIPMENT USE POLICY.

The City Council of the City of Monterey Park does ordain as follows:

SECTION 1: T
he City Council finds and declares that:

B. The City Council seeks to approve a MEU Policy consistent with AB 481 by adopting this Ordinance.

A
. The military equipment described in the City’s MEU Policy is necessary because there is no reasonable alternative that can achieve the same objective of MPPD officer and civilian safety.

B. The City’s MEU Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

C. Any military equipment to be purchased will be reasonably cost effective compared to reasonably alternatives that can achieve the same objective of MPPD officer and civilian safety.

D. MPPD’s prior use of military equipment complied with applicable use policies.

SECTION 3: A
nnual Review; Policy Posting. The City Council directs the MPPD Police Chief, or designee, to:

A
. Present this Ordinance to the City Council for its annual review where it will vote on whether to renew this Ordinance, beginning within one year of the

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Ordinance No.

Page 2 of 3 ends

effective date of this Ordinance (Gov. Code, § 7071(e)(1)).

D. Post the City’s adopted MEU Policy on the City’s website as long as associated military equipment is in MPPD use (Gov. Code, § 7071(d)(2)).

E. Post each annual report, as described in paragraph B above, on the City’s website for as associated military equipment is in MPPD use (Gov. Code, § 7072(a)).

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Ordinance No.

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SECTION 9: Eff
ective Date. This Ordinance will become effective 30 days after second reading and adoption.

PASSED AND ADOPTED this ____ day of _________, 2021.

____________________________
Henry Lo, Mayor

ATTEST:

________________________________
Vincent D. Chang, City Clerk

APPROVED AS TO FORM:

Karl H. Berger, City Attorney

By: ________________________________
Joaquin Vazquez, Deputy City Attorney

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EXHIBIT "A"
MEU Policy

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Published with permission by Monterey Park Police
Department

Monterey Park Police Department
Monterey Park PD Policy Manual

Military Equipment
709.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of “military equipment” (See Government Code §§ 7070; 7072).

709.1.1 DEFINITIONS

Definitions related to this policy include (Government Code § 7070):

Governing body - The Monterey Park City Council.

Policy
709

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Monterey Park Police Department
Monterey Park PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2021112/30, All Rights Reserved.

Published with permission by Monterey Parle Police
Department
***DRAFT*** Military Equipment - 2

709.2 APPROVAL OF THE GOVERNING BODY

709.3 POLICY

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Monterey Park Police Department
Monterey Park PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2021112/30, All Rights Reserved.

Published with permission by Monterey Parle Police
Department
***DRAFT*** Military Equipment - 3

All instances of non -compliance will be reported to City Council via the annual military equipment report.

The City Council shall have independent oversight of the Department’s compliance with this Policy.

709.4 MILITARY EQUIPMENT COORDINATOR

1. Publicizing the details of the meeting.

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Monterey Park Police Department
Monterey Park PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2021112/30, All Rights Reserved.

Published with permission by Monterey Parle Police
Department
***DRAFT*** Military Equipment - 4

(g) Receive and timely respond to public concerns, complaints, or questions regarding the use of military equipment.

709.5 PUBLIC COMPLAINTS, CONCERNS AND QUESTIONS

Members of the public may register complaints or submit questions or concerns about the use of each type of military equipment in this Policy in writing to:

Monterey Park Police Department
Attn: Military Equipment Coordinator
320 W. Newmark Avenue
[email protected]

The Coordinator will track complaints, concerns, and questions received, and the responses provided, in order to be able to include the information in the Annual Report described below.

709.6 MILITARY EQUIPMENT INVENTORY

The following constitutes a list of qualifying equipment in the possession of the Department:

See attachment: Monterey Park PD Military Equipment Inventory

709.7 COORDINATION WITH OTHER JURISDICTIONS

709.8 ANNUAL REPORT

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Monterey Park Police Department
Monterey Park PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2021112/30, All Rights Reserved.

Published with permission by Monterey Parle Police
Department
***DRAFT*** Military Equipment - 5

the preceding calendar year for each type of military equipment in department inventory.

709.9 COMMUNITY ENGAGEMENT

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Capabilities The DJI Mavic 2 is a remote controlled quadcopter frame with 4 motors that equalize the turning force provided by rotating propellers.

The UAS is a system equipped with a camera and is operable under FAA rules & regulation.

Cost $15,000 initial cost.

Purpose The DJI Mavic 2 enhances the capabilities of officers in tactical situations by allowing them to inspect dangerous situations from a safe distance quickly and safely.

Authorized Use To perform aerial data collection for officer safety and tactical incidents while also respecting the privacy of the community.

Expected lifespan 2 years.

Fiscal impact $200 annual maintenance.

Training FAA Part 107 (Remote Pilot) License / 2 yrs recertification.

Type DRONE
Description The AUTEL EVO II is a remote controlled, aerial, unmanned device used to surveil an area or building before officers enter it. https://www.auteldrones.com
Quantity One (1).

Capabilities The AUTEL EVO II is a remote controlled quadcopter frame with 4 motors that equalize the turning force provided by rotating propellers.

The UAS is a system equipped with a camera, communication speaker, and is operable under FAA rules & regulation.

Authorized Use To perform aerial data collection for officer safety and tactical incidents while also respecting the privacy of the community.

Expected lifespan 2 years.

Fiscal impact $200 annual maintenance.

Training FAA Part 107 (Remote Pilot) License / 2 yrs recertification.

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