MINUTES OF CITY COUNCIL MEETING
OF THE CITY OF BUENA PARK
HELD MAY 14, 2024
Vol. 54 Pg. 92
1. GENERAL
The City Council met in a regular session on Tuesday, May 14, 2024, at 5:00 p.m. in the City Council Chamber of the Civic Center, 6650 Beach Boulevard, Buena Park, California, Mayor Sonne presiding.
1A. CALL TO ORDER
1B. ROLL CALL
PRESENT: Brown, Castañeda, Traut, Ahn, Sonne
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 Reverend Dion Thomas, Sonrise Community Christian Church. 1D. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Jessica Fewer, Senior Management Analyst. 1E. CITY MANAGER REPORT
City Manager France reported the following:
• City's new emergency transport provider, Emergency Ambulance Service, Inc. There are three dedicated units in Buena Park. Support units will also be staged in various hotels in the City and will be available when needed.
• Senior Art Display in the Council Chamber in honor of Older Americans Month • Memorial Day Event, Monday, May 27, 2024, 10:00 a.m., Civic Center • Introduced and welcomed new Sustainability Manager Lotus Thai to the City of Buena Park.
Ms. Thai expressed excitement in fulfilling her assignments including serving as staff liaison to the Climate Action Commission and creating and implementing the Climate Action Adaptation Plan.
2. PRESENTATIONS
2A. PROCLAMATION HONORING PEACE OFFICERS MEMORIAL MONTH MAY 2024 Presented to Chief Nunes on behalf of the Buena Park Police Department Council Member Brown presented the Proclamation honoring Peace Officers Memorial Month May 2024 to Chief Nunes on behalf of the Buena Park Police Department.
Legislative representatives presented certificates of recognition to the Buena Park Police Department on behalf of federal, state, county, and local legislators. 2B. PROCLAMATION RECOGNIZING MAY 22, 2024, AS HARVEY MILK DAY Presented to Jeff LeTourneau, Orange County LGBTQ Rights Champion; and, Justin Massey, Orange County LGBTQ Rights Advocate
Council Member Castañeda presented the Proclamation recognizing May 22, 2024, as Harvey Milk Day to Jeff Letourneau, Orange County LGBTQ Rights Champion, and Justin Massey, Orange County LGBTQ Rights Advocate.
Minutes May 14, 2024 Vol. 54 Pg. 93
2C. CERTIFICATES OF RECOGNITION TO PARTICIPANTS OF THE BUENA PARK
COMMUNITY ACADEMY
Mayor Sonne presented Certificates of Recognition to the participants of the Buena Park Community Academy. The participants include Kenneth C. Anderson, Alicia De La Luz, Lamiya Hoque, Ramona Lopez, Ana Lilia Castro, Jonathan Park, and David Rubio.
Legislative representatives presented certificates of recognition to participants of the Buena Park Community Academy on behalf of federal, state, county, and local legislators. 2D. CERTIFICATE OF RECOGNITION TO THE FRIENDLY CENTER ON THEIR 100TH
ANNIVERSARY AND FRIENDLY CENTER OVERVIEW PRESENTATION
Presented by Kenia Cueto, Ph.D., President/CEO, Friendly Center Vice Mayor Ahn presented a Certificate of Recognition to the Friendly Center on their 100th Anniversary to Kenia Cueto, Ph.D., President/CEO, Friendly Center.
Kenia Cueto, Ph.D, Friendly Center President/CEO, provided a presentation regarding the Friendly Center's Hours and Location; Mission; 2023 Impact in Buena Park; Three Pillars - Family Services, Food and Basic Needs, and Education and Workforce Development; New and Potential 2024 Partnerships; and, Volunteer Program.
3A. ORAL COMMUNICATIONS
Mayor Sonne announced the public may at this time address the members of the City Council on any matters within the jurisdiction of the City Council.
Ramona Lopez, Buena Park resident, spoke regarding her concerns with the Traffic and Transportation Commission's decision on the Academy Drive repair and its lack of consideration of safety and lighting.
Jacqueline Murillo, Buena Park resident, spoke regarding traffic issues near Buena Park High School, and requested that the City increase light as well as improve on safety in the said area.
There being no further requests to speak, Mayor Sonne closed oral communications.
4. CONSENT CALENDAR (4A - 4M)
Mayor Sonne announced that Consent Calendar Item Nos. 4A - 4M 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 - 4M:
MOTION: Castañeda
SECOND: Ahn
AYES: Castañeda, Ahn, Brown, Traut, Sonne
NOES: None
MOTION CARRIED that all actions recommended on Consent Calendar Item Nos. 4A - 4M.
Minutes
4A. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes of the Special and Regular City Council Meetings of April 23, 2024.
APPROVED the recommended action.
Minutes May 14, 2024 Vol. 54 Pg. 94
Finance 75
RESOLUTIONS APPROVING CLAIMS AND DEMANDS
Recommended Action: Adopt Resolutions approving Claims and Demands.
ADOPTED the following titled resolutions:
RESOLUTION NO. 14834
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $2,258,909.94 DEMAND NOS., 424458 THROUGH 424697 NO CANCELLED NOS. 422962, 423663, 423674, 423733, 423858 AND 424147
RESOLUTION NO. 14835
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $941,397.57 COVERING REGULAR PAYROLL ENDING APRIL 12, 2024
RESOLUTION NO. 14836
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $957,635.89 COVERING REGULAR PAYROLL ENDING APRIL 26, 2024
RESOLUTION NO. 14837
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $21,087.26 COVERING RETIREE PAYROLL ENDING APRIL 30, 2024
Proclamations 119
4C. PROCLAMATION HONORING PEACE OFFICERS MEMORIAL MONTH MAY 2024 Recommended Action: Approve proclamation.
APPROVED the recommended action.
Proclamations 119
4D. PROCLAMATION RECOGNIZING MAY 22, 2024, AS HARVEY MILK DAY Recommended Action: Approve proclamation.
APPROVED the recommended action.
Proclamations 119
4E. PROCLAMATION RECOGNIZING MAY 18, 2024, AS ASIAN AMERICAN AND NATIVE
IAWAIIAN/PACIFIC ISLANDER (AANHPI) DAY AGAINST BULLYING AND HATE Recommended Action: Approve proclamation
Council Member Castañeda spoke in support of recognizing May 18, 2024, as Asian American and Native Hawaiian/Pacific Islander (AANHPI) Day Against Bullying and Hate.
APPROVED the recommended action.
Proclamations 119
4F. PROCLAMATION RECOGNIZING MAY 19-25, 2024, AS NATIONAL PUBLIC WORKS WEEK
Recommended Action: Approve proclamation.
APPROVED the recommended action.
Proclamations 119
4G. PROCLAMATION RECOGNIZING MAY 5-11, 2024 AS MUNICIPAL CLERKS WEEK Recommended Action: Approve proclamation.
APPROVED the recommended action.
Minutes May 14, 2024 Vol. 54 Pg. 95
Contracts 70 C-3509 Public Works Proj. 125 PW-946
FINAL PAYMENT FOR THE KNOTT AVENUE SEWER UPSIZING PROJECT FROM
LA PALMA AVENUE TO EL DORADO DRIVE
Recommended Action: 1) Accept project as complete and approve final payment to ISSA Electric, Inc. in the amount of $80,603.63; and, 2) Direct the Public Works Department to file a Notice of Completion.
APPROVED the recommended action.
Contracts 70 C-3454 Public Works Proj. 125 PW-957 Budgets 47 4l. AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC
CIVIL ENGINEERING FOR PEAK PARK AND BOISSERANC POOL IMPROVEMENTS Recommended Action: 1) Approve Amendment No. 4 to the Professional Services Agreement (PSA) with Pacific Advanced Civil Engineering to increase the contract budget in the amount of $9,440 2) Approve a budget transfer of $9,440 from the undesignated General Fund to the Peak Park and Boisseranc Park Pool Improvements Project account; 3) Authorize the City Manager and City Attorney to make any necessary, nonmonetary changes to the amendment; 4) Authorize the City Manager and City Clerk to execute the amendment; and, 5) Authorize the Purchasing Manager to amend the existing purchase order.
APPROVED the recommended action.
Codes 64 Boards & Commissions 42
4J. ORDINANCE AMENDING CHAPTER 2.60 THE NAVIGATION CENTER OVERSIGHT COMMISSION OF TITLE 2 ADMINISTRATION OF THE BUENA PARK MUNICIPAL CODE
Recommended Action: 1) Adopt an ordinance amending Chapter 2.60 of the Navigation Center Oversight Commission of Title 2 Administration of the Buena Park Municipal Code.
Ramona Lopez, Buena Park resident, expressed appreciation to the City Council for allowing more resident participation, and requested information regarding qualifications to serve in the Navigation Center Oversight Commission.
Jacqueline Murillo, Buena Park resident, spoke in support of the City Council's decision to expand the eligibility and requirements for the selection of residents to serve in the Navigation Center Oversight Commission.
APPROVED the recommended action and ADOPTED the following titled ordinance:
ORDINANCE NO.1738
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, AMENDING CHAPTER 2.60 NAVIGATION CENTER OVERSIGHT COMMISSION OF TITLE 2 ADMINISTRATION TO THE BUENA PARK MUNICIPAL CODE Contracts 70 C-3458 Public Works Proj. 125 PW-925
APPROVAL TO INCREASE SPENDING CAP FOR ON-CALL EMERGENCY SEWER REPAIR SERVICES WITH AYALA ENGINEERING, INC.
Recommended Action: 1) Approve Amendment No. 1 to the Public Works Contract with Ayala Engineering Inc. to increase the contract compensation in the amount of $100,000; 2) Authorize the City Manager and City Attorney to make any necessary, non- monetary changes to the amendment; and, 3) Authorize the City Manager and City Clerk to execute the amendment.
APPROVED the recommended action.
Minutes May 14, 2024 Vol. 54 Pg. 96
Budgets 47 City Council 55 Policies 186
4L APPROVE AMENDMENT TO CITY COUNCIL POLICY NUMBER 24 COMMISSION
ENTERPRISE FUNDS EXPENDITURES
Recommended Action: Approve amendment to City Council Policy No. 24 increasing City Council approval threshold of Commission Enterprise Funds expenditures from $1,000 to $5,000.
APPROVED the recommended action.
Awards 168
4M. SELECTION OF THE 2024 MYRNA HOLMQUIST SCHOLARSHIP AWARDEE AND
APPROVAL OF SCHOLARSHIP AMOUNT
Recommended Action: 1) Award the 2024 Myrna Holmquist Scholarship to Tiffany Elnitiarta in the amount of $10,000.
APPROVED the recommended action.
END OF CONSENT CALENDAR
5. NEW BUSINESS (5A - 5C)
Contracts 70 C-3541 Public Works Proj. 125 PW-958
RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND APPROVAL OF CONTRACT WITH R.J. NOBLE COMPANY FOR THE 2023-2024 ANNUAL
PAVEMENT REHABILITATION PROJECT
Recommended Action: 1) Adopt a resolution approving the plans and specifications for the 2023-2024 Annual Pavement Rehabilitation Project; 2) Award a contract to R.J.
Noble Company in the amount of $1,363,330; 3) Authorize contingency funds in the amount of $140,000 in the same purchase order; 4) Authorize construction engineering in the amount of $30,000; 5) Authorize the purchase of manhole lids in the amount of $30,745; 6) Authorize a purchase order for the Solis Group in the amount of $4,860 for administration of the Community Workforce Agreement (CWA); 7) Authorize contingency funds in the amount of $1,620 for the CWA administration; 8) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the contract; and, 9) Authorize the City Manager and City Clerk to execute the contract.
Associate Engineer Alqam provided a report regarding an approval of contract with R.J. Noble Company for the 2023-2024 Annual Pavement Rehabilitation Project. The City performs annual pavement rehabilitation projects to ensure the safety, functionality, and longevity of road infrastructure. The 2023-2024 Annual Pavement Rehabilitation Project will include removing and replacing street pavement, sidewalks, curbs and gutters, cross gutters, curb ramps, striping, and traffic loops in the area north of Artesia Boulevard and south of Pacific Avenue between Rostrata Avenue and Beach Boulevard. Academy Drive, Campus Drive, and Faculty Circle will also receive treatment and rehabilitation. Academy Drive will be evaluated for new striping layouts to be implemented as part of this project. Project construction is scheduled to begin on June 2024 and completed in August 2024. The project was advertised for competitive bid on April 17, 2024. The City received and publicly opened five bids on May 1, 2024. The lowest, responsible bid was submitted by R.J. Noble Company of Orange, CA in the amount of $1,363,330. Staff recommended that the City Council award a contract to R.J. Noble Company and approve contingency funds in the amount of $140,000.
Council Member Traut requested for staff clarification on comments made by the public pertaining to the work on Academy Drive and their request to address lights and signage concerns.
Director of Public Works/City Engineer Mikhael explained that Assistant City Engineer Arabolu met with the FIT Committee and school staff to discuss their traffic and safety concerns on Academy Drive. Stakeholders, including residents and school staff, provided recommendations to treat and rehabilitate Academy Drive and areas surrounding the Buena Park High School.
The Traffic and Transportation Commission reviewed the options, and then voted to proceed with one of the options including additional angled parking on the street. Director Mikhael also discussed that Public Works have done work such as refreshed the crosswalks, added signs, and built a new ADA curb ramp until the approval of the 2023-2024 Annual Pavement Rehabilitation Project. As for lighting, staff is currently working with SCE to construct new lighting in the area.
Minutes May 14, 2024 Vol. 54 Pg. 97
Council Member Castañeda asked about holding a community meeting to receive input on the design phase of the project from residents.
Associate Engineer Alqam advised that there is a possible risk of increase in cost associated with the changes made after the approval of the 2023-2024 Annual Pavement Rehabilitation Project.
Jacqueline Murillo, Buena Park resident, spoke regarding advocating for the Spanish speaking community and their participation in making decisions for the City. Ms. Murrillo requested the City Council to move forward with the improvements as discussed.
MOTION: Castañeda
SECOND: Traut
AYES: Castañeda, Traut, Ahn, Brown, Sonne
NOES: None
MOTION CARRIED to approve the recommended action and ADOPTED the titled resolution:
RESOLUTION NO.14838
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE 2023-2024 ANNUAL PAVEMENT
REHABILITATION PROJECT IN SAID CITY
User Fees 204 Garbage & Refuse 83
RESOLUTION ESTABLISHING NEW RATES FOR THE COLLECTION, RECYCLING,
AND DISPOSAL OF REFUSE AND APPROVAL OF A UTILITY BILL INSERT
REGARDING THE NEW RESIDENTIAL REFUSE RATES
Recommended Action: 1) Adopt a Resolution establishing new rates for the collection, recycling, and disposal of refuse; and, 2) Approve a utility bill insert notifying residential customers of the new rates.
Public Works Manager Hunt provided a report regarding the new rates for the collection, recycling, and disposal of refuse. The City Council may increase the rates due to inflation and in reference to the annual percentage increase in the Los Angeles-Riverside-Orange County Consumer Price Index (CPI). EDCO has seen increases to the Consumer Price Index (CPI) that impact their costs to collect, recycle, and dispose of refuse at County landfills. Cost increases include tipping fees at county landfills increasing $1.34/ton, increased cost of fuel for vehicles, compensation for employees, and price of trucks and other equipment necessary to operate.
Public Works Manager Hunt also explained the increases as it affects both the commercial and residential rates. It was noted that as the proposed fee increases are limited to the CPI, a public hearing and extended notice period are not required for implementation. Staff also recommended that the City Council approve a utility bill insert regarding the new residential refuse rates prior to the fee being implemented. Customers will not see fee increases on their bills until August.
MOTION: Brown
SECOND: Traut
AYES: Brown, Traut, Ahn, Castañeda, Sonne
NOES: None
MOTION CARRIED to approve the recommended action and ADOPTED the following titled resolution:
RESOLUTION NO. 14839
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA,
ESTABLISHING FEES AND CHARGES FOR THE COLLECTION, REMOVAL, AND DISPOSAL
OF REFUSE, TRASH, RUBBISH, OR OTHER FORMS OF SOLID WASTE IN ACCORDANCE WITH THE AUTHORITY GRANTED BY SECTION 8.12.040 OF THE BUENA PARK
MUNICIPAL CODE
Minutes May 14, 2024 Vol. 54 Pg. 98
Contracts 70 C-3542
5C. PURCHASE AND SALE AGREEMENT FOR CITY-OWNED PROPERTY LOCATED AT
THE SOUTHWEST CORNER OF ARTESIA BOULEVARD AND BOTRYOIDES AVENUE
Consideration of a Purchase and Sale Agreement to sell city-owned land for the development of a multi-tenant commercial center and electric vehicle charging facility at 7232, 7236, 7242 Artesia Boulevard and 6011 Botryoides Avenue.
Recommended Action: 1) Approve the Purchase and Sale Agreement with Atwater EVV, LLC, for the sale of the Property; 2) Find the transaction exempt from CEQA pursuant to Sections 15332, 15315 and 15311 and authorize staff to file a notice of exemption; 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 and take various actions in connection therewith.
Director of Community and Economic Development Foulkes provided a report regarding the purchase and sale agreement of a City-owned land for the development of a multi-tenant commercial center and electric vehicle charging facility at 7232, 7236, 7242 Artesia Boulevard and 6011 Botryoides Avenue. The project site is currently divided into eleven parcels. Director Foulkes explained that, as part of the project, a parcel map is proposed to reconfigure the property into three parcels tor uses as indicated in the agenda report. On April 10, 2024, the Planning Commission considered and unanimously approved a Conditional Use Permit Tentative Parcel Map, and Sign Program for the project as well as found the project Categorically Exempt from CEQA. Moreover, Director Foulkes discussed the Purchase and Sale Agreement with a purchase price of $1,000,000 and an initial deposit of $50,000; the Purchase Price Loan in the amount of $950,000; the Surplus Lands Act; and, the California Environmental Quality Act (CEQA) exemption.
MOTION:
SECOND: Castañeda
AYES: Brown, Castañeda, Ahn, Traut, Sonne
NOES: None
MOTION CARRIED to approve the recommended action.
6. PUBLIC HEARING
No Items.
7. MAYOR/CITY COUNCIL REPORTS AND CALENDAR
7A. REPORT
Council Member Castañeda reported the following:
: May 2--2202ASC0 Policy Institute: Tacking the Housing Crisis May 2-3 2024 SCAG Regional Conference & General Assembly Council Member Castañeda calendared a budget amendment to attend additional out of state conferences. Additionally, Council Member Castañeda stated North Orange County Continuing Education offers free ESL classes for adult English language learners, and inquired if there is space available to hold classes at a City facility.
Minutes May 14, 2024 Vol. 54 Pg. 99
Vice Mayor Ahn reported the following:
• April 24 Kramer Mercy Homeless Shelter Board Meeting
• April 24 Tour of the Nutrilite Facility
• April 25 Grand Opening and Ribbon Cutting Ceremony of a Local Business • April 26 Meeting with District 1 Residents Regarding Home Safety Issues and Creating a Neighborhood Watch Group
• April 27 Love Buena Park
• April 27 Buena Park Nonprofit Organization Picnic
• April 29 SCAG Event: Art Brown's Farewell Workshop
• April 30 OCMVCD Special Board Meeting: Budget Presentation • May 1 OC San Operations Committee Meeting
• May 2 Older Americans Month Celebration at Ehler's Senior Centel • May 3 Arborland School Students' Animation Movie Premiere • May 4 Grand Opening Celebration: Gudetama Cafe
• May 4 BPPD Open House
• May 6 BISCO Delegation Reception and MOU Signing
• May 8 Mother's Day Paint and Sip
• May 8 ACC-OC Leadership Summit
• May 9 Attended a Nonprofit Mother's Day Event
• May 9 OC Special City Selection Committee Meeting
• May 10 Representative Steele's 2024 AAPI of Distinction Celebration • May 11 Memorial Service for Lifetime Buena Park Resident Greg Swift • May 11 Attended a Nonprofit Mother's Day Event
• May 14 San Marino Elementary School: AVID Pep Rally
• May 14 Ehlers Senior Center Pickleball Ribbon Cutting Ceremony Council Member Traut reported the following:
• May 5 OCFA Fire Ops 101
• May 6 California Peace Officers Memorial Ceremony
Council Member Traut requested to adjourn the meeting in memory of Former Centralia School District Trustee Steve Harris, Former Anaheim Union High School District Trustee Anna L.
Piercy, Former Centralia School District Assistant Superintendent Scott R. Martin, and Lifetime Buena Park Buena Park Resident Greg Smith.
Council Member Brown reported the following:
• April 24 Tour of Nutrilite Facility
• April 25 OCCOG Board Meeting
• April 26 Metrolink Board Meeting
• April 27 Love Buena Park
• April 29 SCAG Event: Art Brown's Farewell Workshop
• May 2-3 2024 SCAG Regional Conference and General Assembly • May 6 California Peace Officers Memorial Ceremony
• May 8 ACC-OC Leadership Summit
• May 9 Meals on Wheels: ADHC Open House
May 11 Memorial Service for Lifetime Buena Park Resident Greg Swift May 14 San Marino Elementary School AVID Pep Rally
May 14 Cypress Police Foundation 12*h Annual Appreciation Luncheon • May 14 Ehlers Senior Center Pickleball Ribbon Cutting Ceremony Council Member Brown announced that the City received the Active Safe and Community Award for the Silverado Trail Phase 2 Project from SCAG during the May 2-3 2024 SCAG Regional Conference and General Assembly. Council Member Brown also indicated celebrating his one year as SCAG President and highlighted all accomplishments, including passing the regional transportation plan and budget for the next two years, within the said service year.
Finally, Council Member Brown spoke about his recent appointment to the Orange County Older Adults Advisory Commission.
Council Member Brown calendared a discussion of the Myrna Holmquist Scholarship Awards.
Minutes May 14, 2024 Vol. 54 Pg. 100
Mayor Sonne reported the following:
• May 4 Celebrated Husband Paul Sonne's Birthday
May 4 Grand Opening Celebration: Gudetama Cafe
• May 8 ACC-OC Leadership Summit
• May 14 San Marino Elementary School AVID Pep Rally
• May 14 Ehlers Senior Center Pickleball Ribbon Cutting Ceremony Mayor Sonne acknowledged Council Member Brown for his leadership and for serving as the SCAG President in the past year, and for choosing to continue to serve in the Orange County Older Adults Advisory Commission.
RECESS/RECONVENE
Mayor Sonne recessed the meeting at 6:46 p.m. and announced the meeting would be reconvened in the City Council Chamber. The meeting was reconvened at 6:57 p.m.
9. STUDY SESSION (9A - 9D)
9A. DISCUSS AND PROVIDE DIRECTION REGARDING THE DEVELOPMENT IMPACT
FEE DRAFT REPORT
This Item is to discuss the methodologies and recommendations from the Development Impact Fee Study conducted by Willdan Financial Services.
Director of Public Works/City Engineer Mikhael provided a report regarding the development impact fee draft report. The City Council awarded a contract with Willdan Financial Services to conduct a comprehensive Development Impact Fee Study (DIF) for the City. The objective of the development impact fee study is to identify the financial impact future developments will have on public services and infrastructure and ensure new developments pay the proportional costs associated with the City's growth. The report calculates and presents recommended amendments and additions to development impact fees that will enable the City to expand its inventory of public facilities as new developments create more demands for service.
James Edison, Willdan Managing Principal, discussed the study conducted by Willdan and provided recommendations on other eligible development impact fees that the City should consider. The new development impact fees include an affordable housing in-lieu fee, water impact fee, and sewer impact fee. Furthermore, Mr. Edison discussed the major planned facilities for the parks, transportation, sewer, and water categories; explained the current and proposed fees for each; and, illustrated the affordable housing in-lieu fee schedule.
Furthermore, implementation options were provided for City Council consideration.
Council Member Castañeda asked about the rates used for mixed-use development; and, likelihood of industrial developments in Buena Park and applying fees accordingly to such.
Council Traut asked about the account to which the two new development impact fees would be going; the letter received from the BIA; and, best practices from other cities regarding implementing development impact fees.
Mr. Edison explained that the rate would depend on the individual elements and size of the development. As for best practices, Mr. Edison indicated that it is a case by case basis.
Director of Community and Economic Development Foulkes explained that there is a section within the City primarily dedicated to industrial developments. Even though, it is not the City's primary area of growth, there is definitely a demand in industrial development. Director Foulkes also explained the impact a development produces on the community. There is a possibility to push to the maximum allowable rates, but staff and Willdan would not recommend going higher than the maximum justifiable. Moreover, Director Foulkes discussed the letter received from the BIA and the agency's concerns on additional development impact fees.
Director of Public Works/City Engineer Mikhael indicated that the water and sewer development impact fees would be reserved for capacity enhancing projects, such as building new water wells for more capacity to upsize sewer or water lines.
Council Member Castañeda asked about the feasibility of a fee deferral program, and suggested for the City Council to consider a policy to lower the maximum allowable rates for residential sites as well was to waive or defer the park-in-lieu fee. Council Member Castañeda also requested for staff provide information comprehendible to the residents.
Minutes May 14, 2024 Vol. 54 Pg. 101
Council Member Brown spoke in support of increasing the development impact fees as presented. This effort would allow for future updates on parks, sewers, transportation, and water in the City.
Vice Mayor Ahn asked about the proposed new development impact fees impact on already approved projects.
Director Foulkes explained that some cities offer a fee deferral wherein fees are typically due upon permit issuance. The City could also allow to defer payment of impact fees until certificate f occupancy. Moreover, as an implementation measure, staff would recommend that al projects that already received their entitlements would be subject to the fees in place at the time of that approved entitlement.
Following the discussion, the City Council directed staff to proceed with the fee adoption, including the new water and sewer facilities and affordable housing impact fees, at a future public meeting.
9B. DISCUSS AND PROVIDE DIRECTION REGARDING RESPONSES TO THE ENERGY
CONSERVATION AND EFFICIENCY PROJECT (ESCO) REQUEST FOR
PROPOSALS
Director of Public Works/City Engineer Mikhael provided a brief explanation of the Energy Conservation and Efficiency Project (ESCO) and its approach to minimize public agencies carbon footprint while simultaneously reducing energy costs by utilizing sustainable designs and improvements. Director Mikhael introduced NV5 Executive Director of Business Development Aldo Mazzaferro to provide a report regarding the ESPC Programs.
Aldo Mazzaferro, NV5 Executive Director of Business Development, provided a report regarding the ESPC Programs; ESPC benefits, Five Phases of an ESPC; Activity to Date; NORESCO Proposal Highlights; and, Next Steps.
Following the discussion, the City Council directed staff to negotiate the agreement with NORESCO to perform the investment grade audit and design work, and return with a list of proposed projects.
9C. DISCUSS AND PROVIDE DIRECTION ON AMENDMENTS TO THE BUENA PARK
MUNICIPAL CODE PERTAINING TO URBAN HOMESTEADING
Director of Community and Economic Development Foulkes provided a report regarding the potential amendments to the Buena Park Municipal Code (BPMC) pertaining to urban homesteading. Currently, the BPMC only allows horticultural production, the keeping of small animals, and beekeeping, on properties located within the Agricultural (A) Overlay zone. There are 15 parcels in the City with this overlay zone, all located on one street: Haldor Place. The City Council directed staff to seek the Climate Action Commission's review and recommendation on the said matter. Director Foulkes discussed the Climate Action Commission's recommendations regarding regulations for the keeping of bees and keeping of chickens within single-family residential zones. Moreover, it was noted that the recommended ban homereaver regulations balance the needs of the urban homesteader while minimizing impacts to adjacent properties. An online survey was made available regarding urban homesteading activities, which received 874 responses. 66.8% of which voted in favor and 33.2% voted against urban homesteading. Staff sought City Council direction to proceed with amendments to Title 19 (Zoning) with recommendations from the Planning Commission, and for the City Council to review the Municipal Code Amendment at a future meeting.
Mayor Sonne asked about the maximum number of chickens that could be kept on a property.
Director Foulkes discussed the chicken pecking order and the recommended minimum number of chickens per property. Director Foulkes, however, noted that there was no discussion or recommendation regarding establishing a minimum number per property.
Kathy Crutchfield, Buena Park resident, spoke regarding her concerns of farm animal keeping nuisance.
Council Members Traut and Castañeda spoke in support of urban homesteading activities in Buena Park. Council Member Traut also acknowledged newly appointed Climate Action Commissioner Brandon Schooner for sharing his expertise on the topic.
Minutes May 14, 2024 Vol. 54 Pg. 102
Following the discussion, the City Council (Brown dissented) directed the Planning Commission to consider and make recommendations for text amendment to Title 19 of the Buena Park Municipal Code prior to returning to the City Council for formal adoption at a future public hearing.
9D. DISCUSS AND PROVIDE DIRECTION REGARDING THE PLACEMENT OF A DOG
PARK AT THE CIVIC CENTER
Director of Community Services Box provided a report regarding the proposed placement of a dog park at the Civic Center. After assessing potential locations within the Civic Center property, it was determined that the only feasible area to host a dog park would be the quarter-acre space in the far east end, adjacent to the Ganahl Lumber and Community Center parking lots, north of Pinchot Court. Currently, the space houses City vehicles and trailers, including two Star Transportation buses, two City street sweepers, and various large storage containers for Community Services, Police, and Public Works. Director Box also discussed the various modifications that would need to be done in order to support the practicality and viability of constructing a dog park at the site. It was noted that there is no funding budgeted for this project at this time. Staff sought City Council direction on whether or not to proceed with the project and engage a consultant to analyze the project feasibility and/or design. Additionally, staff recommended that the City Council direct the Community Services Commission to review and provide input on the said feasibility study prior to the City Council's consideration at a subsequent City Council meeting.
Council Member Castañeda sought the City Council's support to proceed with placement of a dog park at the Civic Center as well as to direct the Community Services Commission for additional input.
Council Member Brown spoke against the idea of placing a dog park at Civic Center property.
Instead, a dog park could be built at other parks in the City.
Council Member Traut suggested to review other dog park locations in the City and find a funding source for such project.
Vice Mayor Ahn indicated her concerns about constructing a dog park on Civic Center property.
Mayor Sonne spoke in support of Council Member Traut's suggestion to consider other potential dog park locations in the City.
Following the discussion, the City Council directed staff to direct the Community Services Commission to discuss the potential location for a dog park in the City.
10. CITY MANAGER REPORT
City Manager France reported the following:
• Public Works Week Lunch, Thursday, May 23, 2024, 11:30 a.m., at the City Yard
11. COMMISSION & COMMITTEE UPDATES
Director of Government and Community Relations/City Clerk Jimenez informed the public about a vacancy in the Traffic and Transportation Commission for District 1 and Community Development Block Grant Commission for District 3. Ordinance pertaining to the Navigation Center Oversight Commission will take into effect in 30 days.
Minutes May 14, 2024 Vol. 54 Pg. 103
12. ADJOURNMENT
There being no further business, Mayor Sonne adjourned the meeting at 9:03 p.m. in memory of Former Centralia School District Trustee Steve Harris, Former Anaheim Union High School District Trustee Anna L. Piercy, Former Centralia School District Assistant Superintendent Scott R. Martin, Former Buena Park High School Educator and Long-Time Buena Park Resident Kenneth Bell, and Lifetime Buena Park Resident Gregory Ray Smith.
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Mayor
ATTEST:
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City Clerk