MINUTES OF CITY COUNCIL MEETING
OF THE CITY OF BUENA PARK
HELD NOVEMBER 14, 2023
Vol. 53 Pg. 464
1. GENERAL
The City Council met in a regular session on Tuesday, November 14, 2023, at 5:00 p.m. in the City Council Chamber of the Civic Center, 6650 Beach Boulevard, Buena Park, California, Mayor Brown presiding.
1A. CALL TO ORDER
1B. ROLL CALL
PRESENT: Ahn, Castañeda, Traut, Sonne, Brown
ABSENT: None
Also present were: Aaron France, City Manager; Chris Cardinale, City Attorney; and, Adria M. Jimenez, MMC, Director of Government and Community Relations/City Clerk. 1C. INVOCATION
The Invocation was led by Pastor Don Harbert, BPPD Police Chaplain and The Way Fellowship. 1D. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Jim Box, Director of Community Services. 1E. CITY MANAGER REPORT
City Manager France reported on the following:
• Mayor's Prayer Breakfast, Thursday, November 16, 2023, 7:00 a.m., Double Tree by Hilton • Buena Park. Contact Don Harbert for tickets and additional informatior • November is Prostate Cancer Awareness Month and the Police Department is participatin in a Cancer Awareness Campaign, No Shave November.
• Thanked OCFA and Chief Dohman for installing over 200 smoke alarms throughout the City on Saturday, November 4, 2023.
2. PRESENTATIONS
2A. PROCLAMATION RECOGNIZING NOVEMBER 2023 AS FAMILY COURT
AWARENESS MONTH
Council Member Traut presented a proclamation to Jana Laborde, Family Court Advocate, Family County Awareness Committee recognizing November 2023 as Family Court Awareness Month.
2B. PRESENTATION OF AWARDS TO THE 2023 HALLOWEEN HOME DECORATING
CONTEST WINNERS
Community Services Supervisor Mark Sauceda presented awards to the 2023 Halloween Home Decorating Contest winners.
• First Place - 7475 Mohawk Circle
• Second Place - 6513 Cerritos Avenue
• Third Place - 7045 El Viento Way
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Moreover, Supervisor Sauceda announced that the nominations for the Holiday Home Decorating Contest will be accepted from November 27 through December 10. Judging will occur from December 12 through December 17 at 5:00 p.m. Contest is free and open to Buena Park residents, and is limited to what is visible from the street at night. 2C. BUENA PARK YOUTH THEATRE FALL PRODUCTION OF ONCE ON THIS ISLAND Ronald Rodriguez, Buena Park Youth Theatre (BPYT) Executive Production Manager, invited the community to the BPYT Fall Production of Once On This Island. Mr. Rodriguez provided information about show dates and times.
Tickets may be purchased at the Buena Park Community Center for $11 (General Admission) and $9 (Seniors/Children 12 and Under) or online at www.buenapark.com. Tickets are also available one hour before the start of the show at the Box Office. 2D. INVITATION TO BUENA PARK HOLIDAY EVENTS
Community Services Coordinator Serena Martinez invited the community to the Annual Tree Lighting event that will take place on Friday, December 1, 2023, 6:00 p.m., at the Civic Center.
The event will consist of holiday stage entertainment, photo opportunities, ferris wheel, trackless train, food and dessert trucks, and Santa and Mrs. Claus. This year, the City will be introducing a toy drive at the event, in partnership with the Friendly Center, to help those in need in the community. Gifts are being collected for children up to the age of 17, and will be accepted through December 8. In case of rain, the event will be moved inside City Hall.
Community Services Coordinator Kevin Sanchez-Reyes invited the community to the 52nd Annual Candy Caneland and Craft Fair that will take place on Saturday, December 9, 2023, 10:00 a.m. - 4:00 p.m., at the Ehlers Event Center. The event will consist of a snow slide, play area, synthetic ice rink, craft and food vendors, games, and a petting zoo. Santa Claus will be in attendance to delight the children and spread holiday cheer. This year, participants of the VOLT Program will have a gift wrapping booth and service will be free of charge. Parking at the event site will be limited. Therefore, a free shuttle will be offered from Peak Park Pool starting at 10:00 2E. CITY OF HOPE ORANGE COUNTY PRESENTATION
Julia Aurora, City of Hope Orange County Director of Strategic Services, provided a presentation regarding City of Hope Orange County's Lennar Foundation Cancer Center. The Lennar Foundation Cancer Center opened in August 22, 2022 and offers a full suite of services such as outpatient services, radiation therapy, chemotherapy, screenings, pharmacy services, genomics, precision medicine, and clinical trials. In 2025, City of Hope is set to open Orange County's only Cancer Specialty Hospital which is exclusive for treating and caring cancer. 2F. PRESENTATION BY ORANGE COUNTY MOSQUITO AND VECTOR CONTROL
DISTRICT
Amber Semrow, Orange County Mosquito and Vector Control District Director of Scientific Technical Services, provided a presentation regarding the harm caused by the invasive Aedes mosquito. Ms. Semrow discussed the invasive Aedes mosquitoes detected throughout Orange County as well as the threat of carrying and transmitting diseases to the area. Additionally, Ms. Semrow discussed the Culex quinquefasciatus and Invasive Aedes aegypti which are the two most common kind of mosquitoes detected in OC; Aedes mosquito life cycle; Aedes egg size; backyard breeding; Aedes disease transmission; travel- related Aedes disease cases in OC; OCMVCD Invasive Aedes Response; Sterile Insect Technique: Irradiation; and, OCMVCD education efforts.
3. ORAL COMMUNICATIONS
3A. ORAL COMMUNICATIONS
Mayor Brown announced the public may at this time address the members of the City Council on any matters within the jurisdiction of the City Council.
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Bianca Stopani, Buena Park resident, spoke regarding an issue with a neighbor and invoke a call for action to ensure the BP Police Department is protecting the community.
Ramona Lopez, Buena Park resident, spoke regarding the progress on the resources available for the youth; parent involvement has improved compared to previous years; deteriorating roadways and signs; and, the need for repair and maintenance of streets, particularly along Academy Drive by BP High School. Ms. Lopez requested that the City Council work with the schools to address the issues on street and striping conditions, and to make school surroundings safer for the students.
City Manager France explained the Engineering team is working to address the concerns in the coming year. Residents could submit their comments and concerns regarding the problem area to Director of Public Works Mikhael.
Debra Shay, Buena Park resident, spoke regarding a concern about the BP Koreatown sign and the need to acknowledge everyone.
Jacqueline Murillo, Buena Park resident, spoke regarding the educational programs offered by BP High School in preparing the future generations of Buena Park; many young people start their own business or continue their family business; the importance of maintaining streets around the school for the safety of the students; and, requested that the City Council complete remodel of and installation of lights at Academy Drive, Campus Drive, and Faculty Circle.
Ginger Cruz, Buena Park resident, spoke in support of the parents of BP Highs School students who are requesting the City Council to repair and maintain the streets around the school. Ms.
Cruz also thanked the engineer who assisted with their concerns.
There being no additional requests to speak, Mayor Brown closed oral communications.
4. CONSENT CALENDAR (4A - 4G)
Mayor Brown announced that Consent Calendar Item Nos. 4A through 4G would be acted upon by one motion affirming the actions as recommended on the agenda and agenda bills submitted and inquired if anyone present desired to have any item removed for separate consideration.
There being no requests for separate consideration, the following action was taken on Item Nos. 4A - 4G:
MOTION: Castañeda
SECOND: Ahn
AYES: Castañeda, Ahn, Traut, Sonne, Brown
NOES: None
MOTION CARRIED that all actions recommended on Consent Calendar Item Nos. 4A - 4G be approved.
Finance 75
4A. RESOLUTION APPROVING CLAIMS AND DEMANDS
Recommended Action: Adopt Resolutions approving the Claims and Demands.
ADOPTED the following titled resolutions:
RESOLUTION NO. 14765
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $9,642.61 DEMAND NOS. 421627 AND 421629
RESOLUTION NO. 14766
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,974,141.61 DEMAND NOS. 421630 AND 421866 CANCELLED NO. 420673
RESOLUTION NO. 14767
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $16,500 DEMAND NOS. 421867 AND 421868
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RESOLUTION NO. 14768
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $25,052.81 COVERING RETIREE PAYROLL ENDING SEPTEMBER 30, 2023
RESOLUTION NO. 14769
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $966,612.76 COVERING REGULAR PAYROLL ENDING OCTOBER 13, 2023
RESOLUTION NO. 14770
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,045,463.34 COVERING REGULAR PAYROLL ENDING OCTOBER 27, 2023
Proclamations 119
4B. PROCLAMATION RECOGNIZING NOVEMBER 2023 AS FAMILY COURT
AWARENESS MONTH
Recommended Action: Approve proclamation.
APPROVED the recommended action.
Contracts 70 C-3466 Public Works Proj. 125 PW-929
4C. FINAL PAYMENT TO PALP INC. DBA EXCEL PAVING FOR THE 2022-2023 ANNUAL
PAVEMENT REHABILITATION PROJECT
Recommended Action: 1) Accept the project as complete and approve final payment to PALP Inc. dba Excel Paving in the amount of $893,885.56; and, 2) Direct the Public Works Department to file a Notice of Completion.
APPROVED the recommended action.
Contracts 70 C-3508 Police 117 Grants 185 Budgets 47
4D. RATIFY AN AGREEMENT WITH THE STATE OF CALIFORNIA OFFICE OF TRAFFIC
SAFETY (OTS) FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT
Recommended Action: 1) Ratify an agreement with the State of California Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) Grant (PT24021); 2) Authorize the City Manager and City Attorney to make any non-monetary changes to the grant agreement; 3) Authorize the City Manager, Finance Director, and Traffic Sergeant to execute the agreement and all other necessary grant documents; and, 4) Approve a budgetary action to appropriate grant funds in the amount of $160,000.
APPROVED the recommended action.
Grants 185
RESOLUTION AUTHORIZING SUBMITTAL OF INDIVIDUAL GRANT APPLICATIONS
FOR ALL GRANT PROGRAMS FOR WHICH THE CITY OF BUENA PARK IS
ELIGIBLE TO THE CALIFORNIA DEPARTMENT OF RESOURCES AND RECOVERY (CALRECYCLE)
Recommended Action: 1) Adopt a resolution authorizing the submittal of individual grant applications for all grant programs for which the City of Buena Park is eligible to the California Department of Resources and Recovery (CalRecycle).
APPROVED the recommended action and ADOPTED the following titled resolution:
RESOLUTION NO. 14771
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA,
AUTHORIZING SUBMITTAL OF INDIVIDUAL GRANT APPLICATIONS FOR ALL GRANT
PROGRAMS FOR WHICH THE CITY OF BUENA PARK IS ELIGIBLE
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Transportation 148
RESOLUTION APPROVING THE MEASURE M2 EXPENDITURE REPORT FOR THE
CITY OF BUENA PARK
Recommended Action: 1) Adopt a resolution approving the annual Measure M2 Expenditure Report.
APPROVED the recommended action and ADOPTED the following titled resolution:
RESOLUTION NO. 14772
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, CONCERNING THE MEASURE M2 (M2) EXPENDITURE REPORT FOR THE CITY OF
BUENA PARK
Boards & Commissions 42
RESOLUTION APPROVING THE APPOINTMENT OF MADELINE MORRISON TO
THE NAVIGATION CENTER OVERSIGHT COMMISSION
Recommended Action: 1) Confirm the appointment of Madeline Morrison to the Navigation Center Oversight Commission representing the School District for a term that will expire on December 8, 2026.
APPROVED the recommended action and ADOPTED the following titled resolution:
RESOLUTION NO. 14773
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA,
APPROVING THE APPOINTMENT OF MADELINE MORRISON TO THE NAVIGATION
CENTER OVERSIGHT COMMISSION
END OF CONSENT CALENDAR
5. NEW BUSINESS (5A - 5E)
Contracts 70 C-3509 Public Works Proj. 125 PW-946
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND APPROVAL OF A CONTRACT WITH ISSA ELECTRIC, INC. FOR THE KNOTT AVENUE SEWER
UPSIZING PROJECT FROM LA PALMA AVENUE TO EL DORADO DRIVE Recommended Action: 1) Adopt a resolution approving plans and specifications for the Knott Avenue Sewer Upsizing Project from La Palma Avenue to El Dorado Drive; 2) Award a contract to ISSA ELECTRIC, INC. in the amount of $502,998.89; 3) Authorize contingency funds in the amount of $50,300 in the same purchase order; 4) Authorize construction engineering funds in the amount of $30,000; 5) Authorize the City Manager and the City Clerk to make any necessary, non-monetary changes to the contract; and 6) Authorize the City Manager and the City Clerk to execute the contract.
Assistant Engineer Lee provided a report regarding the approval of plans and specifications for the Knott Avenue Sewer Upsizing Project from La Palma Avenue to El Dorado Drive. The existing sewer main along Knott Avenue to El Dorado Drive is an 8-inch Vitrified Clay Pipe (VCP) that was installed in the 1950s. New developments around the area have increased the amount of sewage going into the pipes. In accordance with the Buena Park Sewer Master Plan, the sewer main along Knott Avenue from La Palma Avenue to El Dorado Drive will be replaced with a larger 10-inch VCP sewer main. This will increase the capacity and life span of the pipe over time. Construction is anticipated to begin in February 2024 and completed by March 2024.
Staff issued a Request for Proposals for the project, and received and publicly opened six bids on November 2, 2023. ISSA ELECTRIC, INC. was deemed the lowest, responsive bidder at $502,998.89. Staff recommended awarding a contract to ISSA ELECTRIC, INC., in the amount of $502,998.89, approving contingency funds in the amount of $50,300, and approving construction engineering funds in the amount of $30,000. Finally, Assistant Engineer Lee noted that this is a multi-trade construction contract with an engineer's estimate of less than $500,000, so the Community Workforce Agreement (CWA) does not apply.
Council Member Traut asked for clarification regarding not awarding the project contract to the lowest bidder, and the inapplicability of the Community Workforce Agreement on this project.
Assistant Engineer Lee explained the City's standard practice in awarding sewer project contracts. Even though Bonadiman Water, Inc. was the lowest bidder, they failed to provide required certificates and a subcontractors list.
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Director of Public Works Mikhael explained that the engineer's estimate is used as reference to determine whether the CWA would be applicable or not.
MOTION: Traut
SECOND: Castañeda
AYES: Traut, Castañeda, Ahn, Sonne, Brown
NOES: None
MOTION CARRIED to approve the recommended action and ADOPTED the following titled resolution:
RESOLUTION NO. 14774
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE KNOTT AVE. SEWER UPSIZING PROJECT FROM LA PALMA AVE. TO EL DORADO DR. IN SAID CITY Codes 64 Garbage & Refuse 83
ORDINANCE TO AMEND THE PENALTY SECTION OF CHAPTER 8.12 OF THE
BUENA PARK MUNICIPAL CODE FOR ORGANIC WASTE AND RECYCLABLE
DISPOSAL OF WASTE
Recommended Action: 1) Adopt an ordinance amending the penalty provisions of Chapter 8.12 of the Buena Park Municipal Code (Solid Waste Collection) to mirror the requirements of California law (Senate Bill 1383).
Senior Management Analyst Aubuchon provided a report regarding an ordinance amending the penalty provisions of Chapter 8.12 of the Buena Park Municipal Code (Solid Waste Collection) to relate the requirements of SB 1383. In accordance with SB 1383 and Chapter 8.12 of the Buena Park Municipal Code, all businesses, residents and multi-family residences are required to "source separate" their waste by type for disposal into the appropriate color-coordinated garbage bin, and food-related businesses are required to divert edible food waste to edible food recyclers (food banks). Even though Chapter 8.12 generally mirrors and tracks the requirements of SB 1383, as it is required, City staff recently realized that the penalty provisions of Chapter
8.12 do not identically track those of SB 1383. Senior Management Analyst Aubuchon discussed the fine schedule as it is required by SB 1383 in the implementation of a local ordinance. An Ordinance to make a minor change to Section 8.12.380 is presented to the City Council for review and approval.
Council Member Castañeda asked about the need to notify residents regarding the new fines and penalties, and cost-recovery level for staff time in issuing fines. Also, Council Member Castañeda suggested the City to implement education efforts to the residents regarding waste segregation.
Mayor Pro Tem Sonne asked about a fair and equitable process of identifying offenders in accordance with the proposed ordinance.
City Attorney Cardinale explained the ordinance has already been codified for a year. The subject matter being discussed only relates to amending the penalty section. Therefore, there is no need for additional public noticing at this time. It was also noted that cost-recovery is not the goal, rather punitive to encourage compliance from the residents.
City Manager France indicated the contamination would be first inspected by the trash hauler and then the City would be contacted to address the concerns with the residents. Additionally, EDCO continues to perform education efforts as it related to the SB 1383 requirements. The ordinance amendment aims to target and monetarily fine repeat offenders. Therefore, staff is seeking City Council direction to approve the minor change to Section 8.12.380 and adoption of the proposed Ordinance.
Senior Management Analyst Aubuchon explained the organic waste audits that took place.
Additionally, there will be social media and public education outreach to hopefully create a "bandwagon" effect to properly dispose of organic wastes. As for being fair with enforcement, staff will be working with the consultant to develop standard operating procedures.
Council Member Ahn calendared a thorough discussion on considering more effective ways to raise awareness on organic waste recycling.
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MOTION: Castañeda
SECOND: Sonne
AYES: Castañeda, Sonne, Ahn, Traut, Brown
NOES: None
MOTION CARRIED to approve the recommended action and ADOPTED the following titled ordinance:
ORDINANCE NO. 1729
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, AMENDING THE PENALTY PROVISIONS OF CHAPTER 8.12 (SOLID WASTE COLLECTION)
OF THE BUENA PARK MUNICIPAL CODE TO CORRESPOND WITH THE REQUIREMENTS OF SENATE BILL 1383 (SHORT-LIVED CLIMATE POLLUTANTS)
Admin. Svcs. 112
5C. RESOLUTION TO ADOPT A SIDE LETTER AGREEMENT BETWEEN THE CITY OF
BUENA PARK AND THE BUENA PARK TECHNICAL, OFFICE, AND
PROFESSIONALS ASSOCIATION (BPTOP)
Recommended Action: 1) Adopt a resolution approving a Side Letter Agreemen etween the City of Buena Park and the Buena Park Technical, Office, and Professionals Association; and, 2) Adopt a resolution establishing office hours at Buena Park City Offices.
Assistant City Manager Fenton provided a report regarding a side letter agreement between the City of Buena Park and the Buena Park Technical, Office, and Professionals Association (BPTOP). The City is currently in closed labor contracts with TOPs which contains language regarding an Alternative Work Schedule. As a closed contract, the City nor the Association can require or impose changes to the terms and conditions of employment. The City and Association representatives met to open contracts, collaborate, and develop a Side Letter Agreement regarding a 4/10 Alternative Work Schedule. During the previous Meet and Confer sessions, employee morale and satisfaction were identified as one of the core focus areas.
Within that focus area, alternative work schedules were identified as a possible recruitment and retention tool while maintaining excellent service levels to the community. With the 4/10 Alternative Work Schedule, City facilities will be open from 7:00 a.m. to 6:00 p.m., Monday through Thursday, and closed every Friday. This could potentially improve customer service because the City would expand hours of operation outside of normal business hours and give residents and businesses more opportunities to conduct business before or after work. In an effort to maintain positive labor relations, and assist the City's efforts to improve employee morale and satisfaction while maintaining customer service, the parties have agreed to a trial 4/10 Alternative Work Schedule. As a result of the positive negotiations, a tentative agreement has been reached on a Side Letter Agreement that was also ratified by the TOPs members.
Council Member Ahn asked about the Ehlers Event Center business hours.
Assistant City Manager Fenton explained that class scheduling will not be impacted by the change. Director Box added that part-time employees will be available to facilitate the classes.
Council Member Castañeda and Council Member Traut spoke in support of the item.
MOTION: Traut
SECOND: Castañeda
AYES: Traut, Castañeda, Ahn, Sonne
NOES: Brown
MOTION CARRIED to approve the recommended action and ADOPTED the following titled resolutions:
RESOLUTION NO. 14775
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA,
APPROVING THE SIDE LETTER AGREEMENT TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE BUENA PARK TECHNICAL, OFFICE, AND PROFESSIONALS ASSOCIATION EFFECTIVE JULY 6, 2024
RESOLUTION NO. 14776
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ESTABLISHING OFFICE HOURS AT BUENA PARK CITY OFFICES EFFECTIVE JULY 6, 2024, AND RESCINDING RESOLUTION NO. 14498
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Admin. Svcs. 112
5D. RESOLUTION TO ADOPT A SIDE LETTER AGREEMENT BETWEEN THE CITY OF
BUENA PARK AND THE BUENA PARK MANAGEMENT UNIT AND EXECUTIVE
EMPLOYEES
Recommended Action: 1) Adopt a resolution approving a Side Letter Agreement between the City of Buena Park and the Buena Park Management Unit and Executive Employees.
Assistant City Manager Fenton provided a report regarding a side letter agreement between the City of Buena Park and the Buena Park Management Unit. The City is currently in closed labor contracts with TOPs which contains language regarding an Alternative Work Schedule. As a closed contract, the City nor the Association can require or impose changes to the terms and conditions of employment. The City and Association representatives met to open contracts, collaborate, and develop a Side Letter Agreement regarding a 4/10 Alternative Work Schedule.
During the previous Meet and Confer sessions, employee morale and satisfaction were identified as one of the core focus areas. Within that focus area, alternative work schedules were identified as a possible recruitment and retention tool while maintaining excellent service levels to the community. With the 4/10 Alternative Work Schedule, City facilities will be open from 7:00 a.m. to 6:00 p.m., Monday through Thursday, and closed every Friday. This could potentially improve customer service because the City would expand hours of operation outside of normal business hours and give residents and businesses more opportunities to conduct business before or after work. In an effort to maintain positive labor relations, and assist the City's efforts to improve employee morale and satisfaction while maintaining customer service, the parties have agreed to a trial 4/10 Alternative Work Schedule.
MOTION: Castañeda
SECOND: Traut
AYES: Castañeda, Traut, Ahn, Sonne
NOES: Brown
MOTION CARRIED to approve the recommended action and ADOPTED the following title resolution:
RESOLUTION NO. 14777
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA,
APPROVING THE SIDE LETTER AGREEMENT TO THE COMPENSATION PLAN BETWEEN THE CITY AND THE BUENA PARK MANAGEMENT UNIT EFFECTIVE JULY 6, 2024
CONSIDERATION OF A LOAN TO JAMBOREE HOUSING (DOING BUSINESS AS
COMMONWEALTH HOUSING PARTNERS, LP) FOR THE ASCENT PROJECT Recommended Action: 1) Approve a loan in the amount of $314,372.80 to Jamboree Housing (DBA Commonwealth Housing Partners LP) in connection with the Ascent Project located in the City of Buena Park; 2) Authorize the City Manager and City Attorney to finalize the Promissory Note and Deed of Trust in substantially the attached form; and, 3) Authorize the City Manager to execute the final loan documents on the City's behalf.
City Attorney Cardinale provided a report regarding a consideration of a loan to Jamboree Housing, DBA Commonwealth Housing Partners, LP for the Ascent Project. Jamboree Housing's Ascent Project (the "Project") completed construction and opened in May 2023 Jamboree's total reported development costs for the Project were $23.13 million, which far- exceeded Jamboree's preconstruction budget estimates of $18.7 million. The cost overruns were created by supply chain issues and cost increases due to the COVID-19 pandemic, as well as an expansion of the project scope to address unanticipated construction needs. Because of these added costs, Jamboree Housing has requested the City's consideration of a post- construction loan in an amount equal to the development impact fees that Jamboree Housing paid to the City in connection with the Project. The total amount of the proposed loan is $314,372.80, which would carry simple interest at 2% over the term of 30 years. During the loan term, payments to the City would be made from a portion of residual receipts generated by the Project on a prorated basis with other lenders, and any remaining balance plus interest would be repaid at the end of the 30-year term. The City's loan would be documented in a Promissory Note and secured by a Deed of Trust recorded on the Project property, both of which were prepared in collaboration with the City Attorney's Office, and included in the agenda report for the City Council's consideration.
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Council Member Castaneda asked about the possibility of including a stipulation that requires or encourages a 24/7 on-site management.
City Attorney Cardinale indicated that such stipulation is not included in the current loan documents. City Attorney Cardinale explained that the City subsidy is mentioned in the last section. Therefore, it would be challenging to make any changes because it would bind everything senior to the City. In regards to concerns from residents, it was advised that they be communicated to the City Manager's Office staff.
Director Foulkes confirmed that the language regarding on-site management in the statutory development agreement is included. There are ongoing issues with the hours the on-site manager is required to respond to issues. Nevertheless, staff is working with Jamboree to address them. There is also a possibility to amend the development agreement to institute more stringent regulatory hours by the management company if it continues to be a problem.
Mayor Pro Tem Sonne asked for clarification on the budget impact of the loan.
City Attorney Cardinale explained that the development impact fee revenue goes to the Community Development Department to pay for Capital Improvement Project costs associated with development impact. Director Foulkes added these are revenues received for permit issuance, plan check, and park-in-lieu fees.
MOTION: Ahn
SECOND: Brown
AYES: Ahn, Brown, Traut
NOES: Sonne
ABSTAINED: Castañeda
MOTION CARRIED to approve the recommended action.
6. PUBLIC HEARING
Codes 64 Garbage & Refuse 83
6A. ORDINANCE ADOPTING TEXT AMENDMENT NO. C-23-1 TO REVISE TITLE 19 OF
THE BUENA PARK MUNICIPAL CODE REGARDING DEVELOPMENT STANDARDS
FOR TRASH STORAGE FACILITIES
Recommended Action: 1) Hold a public hearing; and 2) Make certain findings and adopt an ordinance amending Title 19 (Zoning) of the Buena Park Municipal Code (BPMC) in specified Sections 19.424.010 and 19.524.010 related to trash storage facilities within multifamily residential, commercial, and industrial zones.
Associate Planner McAleese provided a report regarding amending Title 19 (Zoning) of the Buena Park Municipal Code in specified Sections 19.424.010 and 19.524.010 related to trash storage facilities within multifamily residential, commercial, and industrial zones. The proposed amendment will update the development standards and requirements for trash storage facilities Citywide for commercial, industrial, and multifamily residential developments of five (5) or more residential units to accommodate three bins required for solid waste, recycling, and organic material collection, in compliance with State Law. Additionally, the amendment to BPMC Sections 19.424.010 (Trash Storage Facilities) in Multifamily Residential Zones and 19.524.010 (Trash Storage Facilities) in Commercial and Industrial Zones will account for a need to store three bins as well as update the design guidelines to require solid roofs and complementary finishes and colors on the trash enclosures. Associate Planner McAleese discussed that the proposed Ordinance contains the necessary provisions to ensure that businesses, residents, and property owners comply with State Law requirements concerning solid waste, recycling, and organic materials. This will then bring the City's trash storage facilities into compliance with State Law, provide clear standards for the Buena Park community, and allow for easy-to- Mayor Brown stated that this was the time and place for a public hearing to consider the adoption of an ordinance amending Title 19 (Zoning) of the Buena Park Municipal Code in specified Sections 19.424.010 and 19.524.010 related to trash storage facilities with multifamily residential, commercial, and industrial zones. Mayor Brown opened the public hearing and inquired if anyone present desired to speak. There being none, Mayor Brown closed the public Minutes November 14, 2023 Vol. 50 Pg. 473
The City Council asked about efforts to replace existing parking spots that will be occupied by new trash enclosures; exemption on reduction of parking space size; increase in trash pickup times; and, a potential cost increase if additional pick up times are requested.
Associate Planner McAleese explained staff has been working with EDCO to address concerns regarding parking spots. EDCO suggested for management companies to measure their bin size and to request to receive smaller bins if desired, and even to request for more pick up lates. If there is a need to increase the size of the enclosure, staff could exempt managemen ompanies to remove no more than one parking space to keep the same number of parkin spaces available in the property. As for the extra cost on additional trash pickups, EDCO provides discounts on subsequent pickups, but customers could contact EDCO to inquire about City Manager France indicated that the information regarding additional trash pickups could be provided to the City Council via email.
MOTION: Castañeda
SECOND: Traut
AYES: Castañeda, Traut, Ahn, Sonne, Brown
NOES None
MOTION CARRIED to approve the recommended action and ADOPTED the following titled ordinance:
ORDINANCE NO. 1730
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, AMENDING TITLE 19 (ZONING) OF THE BUENA PARK MUNICIPAL CODE SECTIONS
19.424.010 AND 19.524.010 RELATED TO TRASH STORAGE FACILITIES WITHIN
MULTIFAMILY RESIDENTIAL, COMMERCIAL AND INDUSTRIAL ZONES
APPROVE AN AGREEMENT FOR EMERGENCY AMBULANCE RESPONSE,
TRANSPORTATION, PATIENT BILLING, AND RELATED SERVICES WITH EMERGENCY AMBULANCE SERVICE, INC.
Recommended Action: 1) Hold a public hearing pursuant to Section 8.44.050 of the Buena Park Municipal Code; 2) Make certain findings and approve a two-year agreement with Emergency Ambulance Service, Inc. (Emergency) for emergency ambulance transportation, patient billing, and related services; 3) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; and, 4) Authorize the City Manager and City Clerk to execute the agreement.
Assistant City Manager Fenton provided a report regarding an agreement for emergency ambulance response, transportation, patient billing, and related services with Emergency Ambulance Service, Inc. In May 2021, the City issued a formal Request for Proposals (RFP) for Emergency Ambulance and Medical Billing Services. Two providers submitted responses to the City Clerk's Office and they were Emergency Ambulance Service, Inc. (Emergency) and Falck Mobile Health Corp. (Falck). After careful consideration, the Evaluation Committee approved and recommended Falck Mobile Health Corp to be awarded the agreement for emergency services. On September 14, 2021, the City and Falck entered into an emergency ambulance agreement. However, Falck's performance has been inconsistent due to staffing shortages, increased service demands, and operational changes in the region. This has resulted in the City imposing response time penalties for failure to meet contractual standards. The City contacted AP Triton, Inc. to review the existing agreement and provide recommendations to maintain and increase service standards. With the recommendations in mind, staff recommended that the City transition to Emergency Ambulance Service, Inc. (Emergency) effective April 2024.
Emergency expressed the commitment and ability to serve the City's ambulance needs, and maintain the appropriate amount of staff necessary to meet the proposed goals, specifically enhancing the City's ambulance service. The proposed contract will also provide one additional ambulance than currently allocated while ensuring staff are able to respond to advanced life support incidents with less than 10-minute response times.
Mayor Brown stated that this was the time and place for a public hearing to consider the approval of a two-year agreement with Emergency Ambulance Service, Inc. for emergency ambulance transportation, patient billing, and related services. Mayor Brown opened the public hearing and inquired if anyone present desired to speak. There being none, Mayor Brown closed the public hearing.
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Council Member Traut and Council Member Castañeda spoke in support of approving an agreement with Emergency Ambulance Service, Inc. especially if it would result in better service for residents.
Council Member Castañeda asked about a possible flexibility of the Paramedic Subscription fee fund to alleviate financial burden to residents.
Mayor Brown suggested that the item about the Paramedic Subscription fee be agendized for Study Session discussion.
Assistant City Manager Fenton explained that the particular item is addressed during the budget session. Therefore, it would be appropriate to discuss the item at that time.
MOTION: Traut
SECOND: Castañeda
AYES: Traut, Castañeda, Ahn, Sonne, Brown
NOES: None
MOTION CARRIED to approve the recommended action.
7. MAYOR/CITY COUNCIL REPORTS AND CALENDAR
7A. REPORT
Council Member Castañeda reported the following:
• October 25 Infrastructure Tour: Southern California Edison Grid Technology Learning Center Tour
• October 25 OCPA One Year Anniversary Celebration and Unveiling of Street Art • October 26 US Department of Transportation Webinar: Accelerating Project Delivery Through Innovative Procurement, Partnerships, and Financing Methods (Part 2) • October 27 CSUF 2nd Annual Energy and Sustainability Summit • October 31 Buena Park Employee Halloween Parade
• October 31 Cops N' Goblins
• November 6-7 Buena Park Autism Awareness Training
• November 8 Fair Housing Foundation Webinar: Fair Housing Essentials and Partnership Opportunities
• November 8 Veterans Honor Lunch Celebration
• November 8 Buena Park Active Transit Plan Workshop No. 5 • November 9 SCE - Orange County Leader's Roundtable
• November 13 Supervisor Doug Chaffee's 4th Annual Fourth District Kindness Awards Ceremony
• November 14 OCPA Anniversary Tree Planting and Dedication Council Member Castañeda recognized the Diwali celebration and Native American Heritage Month. Also, he thanked the City Clerk's Office for organizing the City's first Dia de los Muertos community altar; the Public Works department for repaving the City-owned parking lot by the laundromat; and, the Community and Economic Development Department for an excellent Active Transit Plan workshop. Council Member Castaneda reported Providence St.
Jude's request regarding the inclusion of their Medication-Assisted Treatment provider in the opioid settlement funding coalition. Lastly, Council Member Castañeda calendared the following items: ADU forgivable loan program (CDBG Commission); circulation improvements and/or one- way traffic directions and expanded parking on Academy, Campus, and Faculty streets (Traffic and Transportation Commission); tenant protections as it relates to unnecessary business fees (City Council); Climate Action Plan all-electric reach codes (City Council); review and report about options for enforcement of existing operations management oversight (City Council); Council agenda item prioritization policy (City Council); and, review of potential options in use of Paramedic Subscriptions Fee for financial assistance related to paramedic bills (City Council).
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Council Member Traut reported the following:
• October 26 OCFA Board Meeting
• October 31 Buena Park Employee Halloween Parade
• October 31 Cops N' Goblins
• November 2 SCAG Energy & Environmental Committee Meeting • November 6-7 Buena Park Autism Awareness Training
• November 8 Veterans Honor Lunch Celebration
November 9 La Palma State of the City
• November 9 Measure N Oversight Committee Meeting
• November 10 Moot Court Competition Judging
• November 11 OC Attorney of the Year "Top Gun" Gala
• November 13 Supervisor Doug Chaffee's 4th Annual Fourth District Kindness Awards Ceremony
• November 14 OCPA Anniversary Tree Planting and Dedication Mayor Pro Tem Sonne reported the following:
• October 25 OCPA One Year Anniversary Celebration and Unveiling of Street Art • October 25 OC Sanitation District Board Meeting
• October 31 Buena Park Employee Halloween Parade
• October 31 Cops N' Goblins
• November 6-7 Buena Park Autism Awareness Training
• November 8 OCPA Special Meeting
• November 8 Veterans Honor Lunch Celebration
• November 9 SCE - Orange County Leaders Roundtable
• November 9 Buena Park Collaborative Meeting
November 9 La Palma State of the City
• November 13 Supervisor Doug Chaffee's 4th Annual Fourth District Kindness Awards Ceremony
• November 14 OCPA Anniversary Tree Planting and Dedication Mayor Pro Tem Sonne thanked the City Clerk's Office staff for organizing the 2023 Buena Park Employee Halloween Parade.
Council Member Ahn reported the following
• October 25 Infrastructure Tour: Southern California Edison Grid Technology Learning Center Tour
• October 25 Meeting with Director of Community Services and Community Services • October 27 Buena Park Friendly Center Tour with Cathy Seelig • October 28-29 Attended Local Nonprofit Community Events November 2 Nonprofit International Women's Community Service Organization November 2 KOWIN Inauguration of New Chairwoman
November 3 Served as a Judge in a Cultural Music Contest November 6-7 Buena Park Autism Awareness Training
November 8 Veterans Honor Lunch Celebration
November 8 Buena Park Active Transit Plan Workshop No. 5 November 9 City Council Goal Setting Workshop Pre-Meeting • November 11 Korean War Veterans' Descendants Scholarships Award Ceremony • November 13 Supervisor Doug Chaffee's 4th Annual Fourth District Kindness Awards Ceremony
• November 13 Opening Ceremony of Anaheim School District's Ethnic Studies on Korean American Immigrant History
• November 14 OCPA Anniversary Tree Planting and Dedication Council Member Ahn invited the community to attend the Taekwondo demonstration on Saturday, November 18, 2023, 2:00 p.m. at The Source. Additionally, Council Member Ahn calendared a review of all special community events.
Mayor Brown reported the following:
• October 31 Buena Park Employee Halloween Parade
• October 31 Cops N' Goblins
Mayor Brown calendared a review of all Study Session items.
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8. RECESS/RECONVENE
Mayor Brown recessed the meeting at 7:37 p.m. and announced the meeting would be reconvened in the City Council Chamber. The meeting was reconvened at 7:44 p.m.
9. STUDY SESSION (9A - 9D)
9A. DISCUSS AND PROVIDE DIRECTION REGARDING EHLERS SENIOR CENTER
DEMOGRAPHICS
Community Services Supervisor Hurtado provided a report regarding the Ehlers Senior Center (Center) programs and demographics. The Center is a community focal point and is one of the most widely used centers by older adults within Buena Park and surrounding cities. The Center is comprised of three divisions: Senior Recreation Programs, Senior Human Services and Outreach Programs; and Senior Transportation Services. It was noted that over 400 seniors are being served weekly at the Center. Supervisor Hurtado also discussed an assessment of the programs and activities offered at the Center and determined the percentage of Buena Park residents and non-residents who participate. The City of Buena Park Community Services Department recognizes the importance of Buena Park residency and ensuring equity for the residents and organizations that make a significant contribution to our community. Therefore, the Department reached out to various Buena Park residents, groups, communities, and organizations to inform them of the programs and services offered at the Center. Staff will also look at the possibility of providing priority registration to Buena Park residents for the more popular City-hosted programs and events such as the various holiday lunch events planned throughout the year. Lastly, a Senior Volunteer Advisory Committee consisting of Buena Park residents was established and will meet bi-monthly beginning in February 2024 to discuss efforts in promoting the programs and services offered at the Center and that they are accessible to Buena Park residents.
Mayor Pro Tem Sonne spoke in support of charging non-residents an additional fee for participating in City programs and events. This will ensure that Buena Park residents are prioritized.
Council Member Ahn indicated that this is a step forward to focusing on serving Buena Park residents.
Council Member Castañeda requested to address the concern of former Buena Park residents to avail the resident rates. Former Buena Park residents should be allowed to use expired IDs to prove residency.
Council Member Traut commented that Buena Park residents' registration on programs and events should be prioritized, and spoke in support of staff's recommendations.
Mayor Brown indicated that it is fair for non-residents to be charged an additional fee for participation in City of Buena Park programs and events.
Following the discussion, the City Council directed staff to implement a nominal rate change for residents and non-residents participation in City programs and events, and apply the resident rate only to current Buena Park residents.
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9B. RECEIVE AN UPDATE ON THE CITY'S IMPLEMENTATION OF THE COMMUNITY
WORKFORCE AGREEMENT
Director of Public Works/City Engineer Mikhael introduced Jeremy Turner from The Solis Group to provide an update on the first year of implementation of the Community Workforce Agreement (CWA).
Jeremy Turner, The Solis Group VP of Field Operations, provided an update on the implementation of the CWA over its first year. The update included local hiring ratios, project budgets, project schedules, and successes and challenges encountered. The first year of CWA eligible projects includes: FY 21-22 and FY 22-23 Sewer Main Lining at Various Locations, Sewer Upsizing on Brenner Ave. & Melrose St., FY 22-23 Annual Pavement Rehabilitation, Orangethorpe Ave. Rehabilitation, Whitaker School Park, SCE Trail Phase 2, ADA Improvements at Various Parks, and Peak/Boisseranc Park Pool Improvements.
Council Member Traut asked about the City's current bid platform, PlanWell, and a consideration of using such platform in the future given the limited to no bids received.
Council Member Castañeda asked about procurement platform options available and adding a bid criterion to identify minority- or women-owned companies.
Director Mikhael explained the City has been using PlanWell for many years. The City has an account on PlanetBids and is being used for RFPs. Also, many agencies post bid projects on their respective websites. Director Mikhael also discussed a survey conducted by the City Engineers of Orange County Association about procurement platforms being used by Orange County agencies. Director Mikhael will request a copy and determine if there is a need to transition to a new platform. Moreover, staff has been working with the new CWA Administrator to give some contractors a heads up of upcoming projects in the City to build up a bigger network of contractors.
Director of Government and Community Relations/City Clerk Jimenez acknowledged the email correspondence received from Israel Mosqueda.
Received and filed.
9C. DISCUSS AND PROVIDE DIRECTION ON OCTA'S PROJECT V FUNDING
APPLICATION
Director of Public Works/City Engineer Mikhael provided a report regarding OCTA's Project V funding application. Contingent to OCTA's Board approval of a fifth round of M2 funding for Project V through the Comprehensive Transportation Funding Programs (CTFP), applications are anticipated to be due on January 25, 2024. Project V establishes a competitive program for local jurisdictions to develop local bus transit services such as community based circulators, shuttles, and bus trolleys that meet the needs in the areas not adequately served by regional transit. Director Mikhael discussed that projects would need to meet performance criteria, be competitively bid, and could not duplicate or compete with existing transit services; productivity standards; local match of 10% for traditional services; and, a minimum local match of 50% for on-demand services. Staff was approached by Circuit, a company that provides shared ridership utilizing electric shuttles and vehicles. Circuit operates three types of vehicles: a five passenger GEM vehicle engineered for local streets with speed limits under 35mph, electric sedans, or 8-15 passenger electric vans. These vehicles are offered as an on-demand service that may be requested through their website or their mobile app. Director Mikhael noted that the service may be provided through the Project V funding if it qualifies and can present the need in Buena Park. Project V funding will apply to the service with a local match; however, if ridership demand is not met, Circuit's overages will be billed to the City. Staff sought City Council direction on whether or not to proceed with preparation of an application for the 2024 CTFP call for projects.
Mayor Brown indicated that there used to be a City-operated 15-passenger bus that would pick up employees at the Metro station in the morning and evening, take them to the mall during lunch, but it did not work out due to lack of ridership. Nevertheless, OCTA refers to the City as a transit-rich environment. There are buses that arrive about every 30 minutes.
Council Member Castañeda encouraged the City Council to consider proceeding with the Project V funding application especially when there is a good chance that the City would qualify based on the updated criteria.
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Council Member Ahn asked about the use of the grant to subsidize the cost of the ride; whether or not the City will receive any of the grant money; the penalty with lack of ridership; and, the requirements for the City to qualify for the grant.
Director Mikhael explained that the operator will receive the grant money to run the service.
Also, he indicated that he would have to confirm if the money would get to the City's account prior to distribution. If directed by the City Council, hiring a consultant would allow for a review in the gap of the transportation need in the community.
Paul Simonds, Curt Pringle & Associates, spoke regarding working with Circuit for many years.
Mr. Simonds discussed the purpose of micro-transit and the benefit it would bring to the Mayor Pro Tem Sonne asked about the amount the City needs to invest on this project.
City Manager France indicated that the number is still unknown at this time. Nevertheless, it is recommended that the City start with a smaller amount depending on the ridership demand.
Council Member Traut asked about Circuit's difference with other rideshare programs such as Uber and Lyft.
Mr. Simonds explained Circuit fills that gap of short-distance travels whereas Uber and Lyft are interested in the farther travels.
Following the discussion, the City Council directed staff to present a program plan, before the submission of the funding application, at the January 9, 2024 City Council meeting. 9D. DISCUSS AND PROVIDE DIRECTION REGARDING THE ESTABLISHMENT OF A
CIVIC ENGAGEMENT GRANT PROGRAM
Assistant City Manager/Director of Human Resources Fenton provided a report regarding the establishment of a Civic Engagement Grant Program. In general, Civic Engagement Grant Programs allow community members, neighborhoods, business associations, non-profits, and other groups to enhance community involvement and provide feedback to local government officials by requiring specific tasks, actions, goals, and objectives of community building that leads to more community participation for culturally-specific communities or demographics.
Additionally, these grant programs seek to increase community involvement of people who are usually not included in the governmental decision making process. These civic engagement programs are designed to increase community involvement for under-supported or under- represented racially and culturally specific communities who may not participate in the decision making process to improve local communities. Assistant City Manager Fenton then discussed some examples of civic or community engagement programs other local agencies have implemented, and sought City Council direction on whether or not to establish a Civic Engagement Grant Program.
Council Member Castañeda indicated various community and civic engagement grant programs that residents have benefited from.
Council Member Ahn asked for clarification about the purpose of the Civic Engagement Grant Program.
Mayor Brown asked about the similarity of the VOLT and WINGS program to the Youth Engagement Grant.
Assistant City Manager Fenton explained that general fund money will be used in order to encourage the community to be more engaged in programs. As for the similarity of existing programs to the Youth Engagement Grant, there may be some overlap. Nevertheless, it was noted that what was discussed was just an example taken from another agency.
Ramona Lopez, Buena Park resident, spoke in support for the approval of the Civic Engagement Program. The Program would engage the community through workshops; makes partnerships stronger; and, improve quality of life for all Buena Park residents. Additionally, this would be a great opportunity for the Hispanic/Latino community to participate and be involved.
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Jacqueline Murillo, Buena Park resident, spoke in support of the establishment of a Civic Engagement Grant Program. It will have an impact on the development of Buena Park in many areas. An example would be to educate the community to have a more involvement by expanding interpretation services during public meetings.
Council Member Castañeda stated the City should be more competitive in applying for grants in order to boost civic engagement.
Council Member Ahn expressed her uncertainty in proceeding with the program given that the City's reserves would be used to fund the program.
Mayor Pro Tem Sonne indicated that, although it is a great idea to establish a Civic Engagement Grant Program, there are still aspects of it that would need to be addressed.
Mayor Pro Tem Sonne recommended that the item be discussed during the goal setting workshop.
Council Member Traut spoke in support of the concept as well as for further discussion at the goal setting workshop. Moreover, Council Member Traut requested more information from staff on grants funded in the past, and prioritization of the civic engagement grant program examples presented.
Following the discussion, the City Council continued the item for further discussion at the November 28, 2023 City Council Goal Setting Workshop.
10. CITY MANAGER REPORT
City Manager France reported the following:
• Thanksgiving Pie Party, Thursday, November 16, 2023, 3:00 p.m. • City Council Goal Setting Workshop, Tuesday, November 28, 2023, 9:30 a.m. • Assistant City Manager Fenton will be available from Friday, November 17, 2023 through Wednesday, November 22, 2023 in City Manager France's absence • City Manager's All Employee Christmas Luncheon, Thursday, December 14, 2023, 11:00 a.m. - 1:00 p.m.
11. COMMISSION & COMMITTEE UPDATES
Director of Government and Community Relations/City Clerk Jimenez had nothing to report.
12. ADJOURNMENT
There being no further business, Mayor Brown adjourned the meeting at 9:08 p.m.
Gilletitte
ATTEST:
City Clerk