WHEREAS, the compensation paid to retir ees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the minimum monthly base salary for this position is $7,004 and the hourly equivalent is $40.41, and the maximum monthly base salary for this position is $8,8 80 and the hourly equivalent is $51.23; and
WHEREAS, the hourly rate paid to Daylene Alliman will be $51.23; and
WHEREAS, Daylene Alliman has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, ORDER, AND CERTIFIES the nature of the appointment of Daylene Alliman as described herein and that this appointment is necessary to fill the critically needed position of temporary Human Resources Analyst for the City of Buena Park after September 11, 2024, because this position currently assumes a large role in payroll processing, recruitment and selection, and support for Human Resources activities that have been backlogged. Furthermore, the City needs a temporary Human Resources Analyst with sufficient knowledge and expertise and the City cannot temporarily appoint another employee without impairing City operations.
PASSED AND ADOPTED this 10th day of September 2024, by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
___________________________________
Mayor
ATTEST:
_______________________________
City Clerk
I, Adria M. Jimenez , MMC, City Clerk of the City of Buena Park, California, hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park, held this 10th day of September 2024.
______________________________________
City Clerk
6650 Beach Boulevard | P.O. Box 5009 | Buena Park, CA | 90622 -5009 | [714] 562 -351 5 | Fax [714] 739 -5012 | BuenaPark.com /hr
OFFICE OF THE CITY MANAGER
EDDIE FENTON, ASSISTANT CITY MANAGER
September 3, 2024
Daylene Alliman
4006 Emerald Downs Drive
Yorba Linda, CA 92883
Dear Daylene:
I am pleased to confirm our offer to you of the position of Human Resources Analyst (Retired Annuitant) with the City of Buena Park under Government Code sections 7522.56 and 21224. Your starting date will be after Wednesday, September 11, 2024. As a Human Resources Analyst (Retired Annuitant), you will be assigned to the Human Resources Department, and will report to Human Resources Manager, Rebecca Valdez . Daylene, we are excited about you joining the City, and more specifically, our Human Resources Department team. We have high expectations and look forward to your first day on the job.
Your starting rate of pay for this position will be $51.23 per hour. As a retired annuitant, you may not work more than 960 hours in a fiscal year (July 1 – June 30) for employment with all CalPERS employers combined. As a retired annuitant, you cannot receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hour rate above.
As a Retired Annuitant employee, this position is not part of the City’s Civil Service System; it is an “at- will”, limited -duration position without any vested property rights. Accordingly, your services may be terminated without cause by the City of Buena Park at any time.
As a Retired Annuitant employee, you will not be eligible for permanent status wi th the City of Buena Park unless you are subsequently appointed from an employment list to a full -time, budgeted position and you voluntarily reinstate from retirement.
California law prohibits appointment of a retired annuitant by a CalPERS employer if, during the 12-month period before an appointment, you received unemployment insurance compensation arising from the end of an extra help assignment for prior retired annuitant employment with ANY CalPERS employer. You must understand that you must certify in writing that you comply with this requirement. Violation of this provision will result in termination and you would not be eligible for appointment as a retired annuitant with ANY CalPERS employer for 12 months after the unemployment benefits cease.
To accept our offer of employment as Human Resources Analyst (Retired Annuitant) as described above, please date and execute the enclosed copy of this letter for inclusion in the City’s records. Please feel free to contact me with any questions you may have about the City or the department. I’m certain you will soon learn, as I have, that Buena Park is an excellent place to work.
Very truly yours,
Eddie Fenton
Assistant City Manager/Director of Human Resources
Human Resources/Risk Management
Acknowledgement of Retired Annuitant Employment
I, Daylene Alliman, acknowledge the following:
I accept employment with the City of Buena Park as the Human Resources Analyst (Retired Annuitant) at the rate of $51.23 per hour in an 'extra-help' capacity to eliminate backlog under Government Code 21224;
I understand I am limited to no more than 960 hours per Fiscal Year (July 1 – June 30) for all CalPERS employers combined; no exceptions. I also understand that this position is not part of the City’s Civi l Service System; it is an “at -will”, Limited-Duration position without any vested property rights and my services may be terminated at any time, without cause and without right of appeal.
As a retired annuitant, I cannot receive any benefit, incentive, c ompensation in lieu of benefits, or other form of compensation in addition to the hour rate agreed to above.
I further understand that as a retired annuitant, I will not be eligible for permanent status with the City of Buena Park unless I am subsequently appointed from an employment list to a full-time, budgeted position and I voluntarily reinstate from retirement.
I certify that I have not received unemployment insurance compensation unemployment insurance arising from the end of an extra help assignment for prior retired annuitant employment with ANY CalPERS employer in the 12-month period before this appointment. I understand that if I am found to have violated this provision it will result in termination, and I will not be eligible for appoin tment as a retired annuitant with ANY CalPERS employer for 12 months after the unemployment benefits cease.
______________________________ __________________________ Daylene Alliman Date
City of Buena Park
City Council Regular Meeting Agenda Report
PUBLIC HEARING TO CONSIDER MAKING CERTAIN FINDINGS UNDER SECTION 147(F) OF THE IRS CODE
PERTAINING TO TAX-EXEMPT BONDS FOR AN AFFORDABLE HOUSING PROJECT PROPOSED BY C&C DEVELOPMENT AT 7101 LINCOLN AVENUE, CITY OF BUENA PARK
The City Council will hold a public hearing and consider making findings pursuant to Section 147(f) of the Internal Revenue Code of 1986 with respect to the issuance by the California Municipal Finance Authority (the “Authority”) of exempt facility bonds for an affordable housing project proposed by C&C Development at 7101 Lincoln Avenue, City of Buena Park.
Meeting
Tuesday, September 10, 2024, 5:00 PM
Agenda Group
PUBLIC HEARING Item: 6A
Presented By Prepared By
Matt Foulkes, Director of Community and Economic
Development
Approved By
Aaron France, City Manager
RECOMMENDED ACTION
1) Conduct a public hearing pursuant to Section 147(f) of the Internal Revenue Code of 1986, and after considering testimony or other evidence presented at the hearing; and 2) Adopt a resolution approving the issuance of the California Municipal Finance Authority exempt facility bonds for a qualified residential rental project.
PREVIOUS CITY COUNCIL ACTION
On March 10, 2020 the City Council directed staff to negotiate an Affordable Housing Disposition and Development Agreement ("AHDDA") with C&C Development ("C&C") for the property located at 7101 Lincoln Avenue, City of Buena Park, CA (the "Property").
The parties completed negotiations and, on August 24, 2021, the City Council approved a AHDDA with Developer that provided for the City's sale of the property to the Developer, as well as financial assistance from the City to develop proposed 55-unit affordable housing project (the "Project"). The parties subsequently opened escrow on the transaction with conditions precedent to the closing of escrow including: C&C obtaining all land use entitlements needed to develop the project; and C&C obtaining the remaining financing needed to develop the Project.
On September 13, 2023, the Planning Commission held a public hearing and recommended the City Council approve the following entitlements for the Project: General Plan Amendment to change the Property's land use designation from "Commercial" to "General Mixed-Use"; a Zone Change to modify the zoning designation of the Property from "Commercial Shopping" to "General Mixed-Use"; a statutory development agreement under Government Code section 65864 et seq.; and a Mitigated Negative Declaration under the California Environmental Quality Act (the "Land Use Entitlements").
On October 10, 2023, the City Council held a public hearing and approved the Land Use Entitlements for the Project.
At that same meeting, the City Council also approved a First Amendment to the AHDDA ("First Amendment") to extend the deadline to close escrow from December 31, 2023, to December 31, 2024. The extension was necessary to afford C&C adequate time to apply for tax exempt bonds and tax credits that are necessary to fund the Project.
DISCUSSION
C&C is proposing to finance or refinance at least a portion of Project costs with tax-exempt bonds issued by the California Municipal Finance Authority ("Authority") in an amount not to exceed $30,000,000. Tax-exempt bonds may be used to develop qualified residential rental projects pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”), and C&C Development is proposing to take advantage of the lower-interest rates and favorable financing terms associated with tax-exempt financing for their multi-family rental housing Project at 7101 Lincoln Avenue, Buena Park.
Though the City has contributed funding to this Project, there is no added cost or expense to the City associated with this action. The Developer will be solely and exclusively responsible for debt service, and the City's sole role is that as the governmental agency with jurisdiction over the Project and whose community stands to be benefit from the Project.
More specifically, in order for the bonds to qualify for federal income tax exemption, the bonds must satisfy the public approval requirements contained in Section 147(f)(2) of the Internal Revenue Code of 1986. This requires that the City Council hold a noticed public hearing, approve the bonds, and make findings that the Project will provide significant benefits to the residents of the City.
Attached to this report is a Resolution approving the bonds and making the findings under Section 147(f) of the IRS Code. Staff recommends that the City Council adopt the Resolution as requested by the Developer and Authority.
PUBLIC HEARING NOTICE
On August 29, 2024, a notice of public hearing was posted at City Hall, the Ehlers Event Center, and the Buena Park Library. On August 30, 2024, a notice of public hearing was published in the Buena Park Independent.
BUDGET IMPACT
There is no cost or budget impact to the City associated with this item.
Attachments
TEFRA Hearing Resolution - Lincoln Avenue FINAL.pdf
RESOLUTION NO._______________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK
APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE
AUTHORITY EXEMPT FACILITY BOND S FOR A QUALIFIED RESIDENTIAL
RENTAL PROJECT IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $30,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING
THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF
LINCOLN AVENUE APARTMENTS AND CERTAIN OTHER MATTERS
RELATING THERETO
WHEREAS, Lincoln Buena Park LP a partnership of which C&C Development Co., LLC (the “Developer”) or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $3 0,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 7101 Lincoln Avenue, Buena Park, California (the “Project”); and
WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Buena Park (the “City”) because the Project is located within the territorial limits of the City; and
WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” required to approve the issuance of the Bonds under Section 147(f) of the Code; and
WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Buena Park as follows:
Section 1. The foregoing resolutions are true and correct.
Section 2. The City Council hereby approves the issuance of the Bonds by the Authority.
It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.
RESOLUTION NO. _______
Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.
Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.
Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.
Section 6. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this _____ day of _______________ 2024 by the following called vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
___________________________
City Clerk
RESOLUTION NO. _______
I hereby certify that the foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park held this _____ day of _______________ 2024
_______________________________
City Clerk
City of Buena Park
City Council Regular Meeting Agenda Report
PUBLIC HEARING TO CONSIDER MAKING CERTAIN FINDINGS UNDER SECTION 147(F) OF THE IRS CODE
PERTAINING TO A TAX-EXEMPT BOND PROJECT PROPOSED BY EDCO WASTE & RECYCLING SERVICES AND
ACTIONS IN CONNECTION THEREWITH
The City Council will hold a public hearing and consider making findings pursuant to Section 147(f) of the Internal Revenue Code of 1986 with respect to the issuance by the California Enterprise Development Authority ("Authority") of tax-exempt bonds the proceeds of which will be loaned by the Authority to EDCO Waste and Recycling Services, Inc. ("EDCO") to fund a solid waste disposal facility located at 9700-6762 Stanton Avenue, Buena Park, and certain equipment. The City Council will also consider joining the Authority as an Associate Member to enable EDCO to utilize Authority Bond proceeds.
Meeting
Tuesday, September 10, 2024, 5:00 PM
Agenda Group
PUBLIC HEARING Item: 6B
Presented By Prepared By
Matt Foulkes, Director of Community and Economic
Development
Approved By
Aaron France, City Manager
RECOMMENDED ACTION
1) Conduct a public hearing pursuant to Section 147(f) of the Internal Revenue Code of 1986, and after considering testimony or other evidence presented at the hearing; 2) Adopt a resolution approving the issuance by California Enterprise Development Authority to benefit EDCO Waste & Recycling Services.; and 3) Adopt a resolution approving associate member by the City of Buena Park in the California Enterprise Development Authority.
PREVIOUS CITY COUNCIL ACTION
EDCO Waste & Recycling Services, Inc. ("EDCO") has served as the City's waste hauling providing for many years under a Franchise Agreement approved by the Buena Park City Council.
DISCUSSION
EDCO has served the residents and businesses of the City for many years, and it has a facility located within the City at 6700-6762 Stanton Avenue ("Buena Park Facility"). In connection with its ongoing efforts to improve the capability and efficiency of operations and to comply with regulatory mandates, EDCO is proposing modifications to its waste disposal facilities at the Buena Park Facility (the "Facilities") and the acquisition of solid waste trucks, containers and similar equipment (the "Equipment").
EDCO is proposing to pay for the Facilities and Equipment with the proceeds of tax-exempt bonds issued by the California Enterprise Development Authority (the "Authority"). The Authority was created by the cities of Selma, Lancaster and Eureka with the purpose of assisting for-profit and non-profit corporations and other entities obtain financing for projects and purposes serving the public interest. Through this mechanism, the Authority provides private corporations, such as EDCO, access to lower-cost, tax exempt bonds to finance or refinance the acquisition, construction, installation, expansion, or rehabilitation of land or buildings that will have a benefit to the local government in which the project is located.
The Authority has accepted EDCO's application is requesting that it issue tax-exempt bonds in an amount not to exceed $3,000,000 to be used by EDCO to pay the costs of the Facilities and Equipment. EDCO will be solely responsible for the payment of all associated costs and debt service. The City's only role is in this process is as the governmental entity with jurisdiction over the project and whose community stands to benefit from the Facilities and Equipment to be financed by EDCO.
More specifically, in order to take advantage of the Authority's program EDCO must obtain the City of Buena Park's approval to join the Authority as an "Associate Member," which would allow proceeds of bonds issued by the Authority to be used within the City's jurisdiction. Additionally, in order for the bonds to qualify for federal income tax exemption, the bonds must satisfy the public approval requirements contained in Section 147(f)(2) of the Internal Revenue Code of 1986. This requires that the City Council hold a noticed public hearing, approve the bonds, and make findings that the Facilities and Equipment will provide significant benefits to the residents of the City through the collection, disposal and recycling of solid waste.
Attached to this report are two resolutions for the City Council's consideration: (1) a Resolution approving the City's "Associate Membership" with the Authority and approving the associated membership agreement; and (2) a Resolution approving the bonds and making the findings under Section 147(f) of the IRS Code. A copy of the Associate Membership Agreement is also attached for the City Council's review.
Again, as noted above, there is no financial or other obligation of the City associated with approving these actions; these actions are only necessary so EDCO may take advantage of tax-exempt bond proceeds to fund Facilities and Equipment that will serve and benefit the community.
PUBLIC HEARING NOTICE
On August 29, 2024, a notice of public hearing was posted at City Hall, the Ehlers Event Center, and the Buena Park Library. On August 30, 2024, the notice was also published in the Buena Park Independent.
BUDGET IMPACT
There is no direct budget impact associated with this action.
Attachments
EDCO TEFRA - City of Buena Park Associate Membership Agreement AMA for CEDA 2024.pdf EDCOTEFRACi fB P kR l i J i i CEDA df
EDCO TEFRA - City of Buena Park Resolution Joining CEDA.pdf EDCO TEFRA - Disposal City of Buena Park Resolution of City Council 2024.pdf
4859-8129-8647.1
ASSOCIATE MEMBERSHIP AGREEMENT
by and between the
CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
and the
CITY OF BUENA PARK, CALIFORNIA
THIS ASSOCIATE MEMBERSHIP AGREEMENT (this “Associate Membership Agreement”), dated as of September 12 , 2024 by and between CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY (the “Authority”) and the CITY OF BUENA PARK, CALIFORNIA, a California municipal corporation/political subdivision , duly organized and existing under the laws of the State of California (the “City”); WITNESSETH:
WHEREAS, the Cities of Selma, Lancaster and Eureka (individually, a “Member” and collectively, the “Members”), have entered into a Joint Powers Agreement, dated as of June 1, 2006 (the “Agreement”), establishing the Authority and prescribing its purposes and powers; and WHEREAS, the Agreement designates the Executive Committee of the Board of Directors and the President of the California Association for Local Economic Development as the initial Board of Directors of the Authority; and
WHEREAS, the Authority has been formed for the purpose, among others, to assist for profit and nonprofit corporations and other entities to obtain financing for projects and purposes serving the public interest; and
WHEREAS, the Agreement permits any other local agency in the State of California to join the Authority as an associate member (an “Associate Member”); and WHEREAS, the City desires to become an Associate Member of the Authority; and WHEREAS, City Council of the City has adopted a resolution approving the Associate Membership Agreement and the execution and delivery thereof; and WHEREAS, the Board of Directors of the Authority has determined that the City should become an Associate Member of the Authority;
NOW, THEREFORE , in consideration of the above premises and of the mutual promises herein contained, the Authority and the City do hereby agree as follows:
2 4859-8129-8647.1
Section 1. Associate Member Status . The City is hereby made an Associate Member of the Authority for all purposes of the Agreement and the Bylaws of the Authority, the provisions of which are hereby incorporated herein by reference. From and after the date of execution and delivery of this Associate Membership Agreement by the City and the Authority, the City shall be and remain an Associate Member of the Authority.
Section 2. Restrictions and Rights of Associate Members . The City shall not have the right, as an Associate Member of the Authority, to vote on any action taken by the Board of Directors or by the Voting Members of the Authority.
Section 3. Effect of Prior Authority Actions. The City hereby agrees to be subject to and bound by the Agreement and the Bylaws of the Authority.
Section 4. No Obligations of Associate Members . The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the City.
Section 5. Execution of the Agreement . Execution of this Associate Membership Agreement shall satisfy the requirements of the Agreement and Article XII of the Bylaws of the Authority for participation by the City in all programs and other undertakings of the Authority. 3 4859-8129-8647.1
IN WITNESS WHEREOF , the parties hereto have caused this Associate Membership Agreement to be executed and attested by their proper officers thereunto duly authorized, on the day and year first set forth above.
CALIFORNIA ENTERPRISE
DEVELOPMENT AUTHORITY
By
Gurbax Sahota
Chair of the Board of Directors
Attest:
By
Michelle Stephens, Assistant Secretary
CITY OF BUENA PARK, CALIFORNIA
By
Susan Sonne, Mayor
Attest:
By
Adria Jimenez, MMC, City Clerk
Approved as to form:
By
Chris Cardinale, City Attorney
4868-9696-7127.1
RESOLUTION NO. _____
RESOLUTION APPROVING ASSOCIATE MEMBERSHIP BY THE CITY
OF BUENA PARK IN THE CALIFORNIA ENTERPRISE
DEVELOPMENT AUTHORITY AND THE EXECUTION OF AN
ASSOCIATE MEMBERSHIP AGREEMENT RELATING TO
ASSOCIATE MEMBERSHIP OF THE CITY IN THE AUTHORITY
WHEREAS, the City of Buena Park (the “City”) is a municipal corporation, duly organized and existing under the Constitution and the laws of the State of California; and WHEREAS, the City, upon authorization of the City Council (the “City Coucil”), may pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, commencing with Section 6500 (the “JPA Law”) enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them; and
WHEREAS, the Cities of Selma, Lancaster and Eureka have entered into a Joint Powers Agreement, dated as of June 1, 2006 (the “Agreement”), establishing the California Enterprise Development Authority (the “Authority”) and prescribing its purposes and powers; and WHEREAS, in furtherance of the City’s economic development efforts, the City desires to become an associate member of the Authority; and
WHEREAS, under the JPA Law and the Agreement, the Authority is a public entity separate and apart from the parties to the Agreement and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the City or the other members of the Authority; and
WHEREAS, the form of associate membership agreement (the “Associate Membership Agreement”) between the City and the Authority has been filed with the City, and the members of the City Council , with the aid of the City’s staff, have reviewed the Associate Membership Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Buena Park, hereby finds, determines and declares as follows:
Section 1. Associate Membership in the Authority. The City Council hereby approves associate membership by the City in the Authority.
Section 2. Approval of Associate Membership Agreement. The City Council hereby approves the form of, and authorizes the Mayor, the City Manager or any designee of such officers, to execute the Associate Membership Agreement , subject to the approval as to form from the City Attorney’s Office, and authorizes the City Clerk to attest to such signature, in substantially the form on file with the City Clerk , together with any changes therein deemed advisable by the official signing the Associate Membership Agreement. 2 4868-9696-7127.1
Section 3. Official Action. The Mayor, the City Manger, the City Clerk and other officers and officials of the City, are hereby authorized and directed to take all action s and do all things necessary with respect to associate membership in the Authority including but not limited to the execution and delivery of any and all agreements, certificates , instruments and other documents which are necessary to effectuate the purposes of this resolution.
Section 4. Effective Date. This Resolution shall take effect upon its adoption by the City Council.
[Remainder of page intentionally left blank]
3 4868-9696-7127.1
RESOLVED FURTHER, the City Clerk of the City of Buena Park shall certify the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect.
*****
PASSED, APPROVED AND ADOPTED this 10th day of September , 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
By_______________________________________
Susan Sonne, Mayor
Attest:
Adria Jimenez, City Clerk, MMC
Approved as to form:
By
Chris Cardinale, City Attorney
4 4868-9696-7127.1
CERTIFICATE OF THE CITY CLERK
I, Adria Jimenez, City Clerk of the City of Buena Park, hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at the meeting of the City Council of the City of Buena Park duly and regularly held in Buena Park , California, on September 10, 2024, of which meeting all of the members of said City Council had due notice.
I further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect.
IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of the City of Buena Park hereto this ____ day of September, 2024.
____________________________________
Adria Jimenez, MMC, City Clerk
4891-9818-6791.1
RESOLUTION NO. ___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA
PARK, CALIFORNIA APPROVING THE ISSUANCE BY CALIFORNIA
ENTERPRISE DEVELOPMENT AUTHORITY OF NOT TO EXCEED
$3,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE AUTHORITY'S
REVENUE BONDS FOR THE BENEFIT OF EDCO WASTE &
RECYCLING SERVICES, INC., EDCO DISPOSAL CORPORATION,
EDCO WASTE SERVICES LLC, EDCO TRANSPORT SERVICES, LLC
AND/OR A RELATED ENTITY FOR THE PURPOSE OF FINANCING,
REFINANCING AND/OR REIMBURSING THE COST OF SOLID WASTE
DISPOSAL FACILITIES, PROVIDING THE TERMS AND CONDITIONS
FOR SUCH BONDS AND OTHER MATTERS RELATING THERETO
HEREIN SPECIFIED
WHEREAS, EDCO Waste & Recycling Services, Inc., EDCO Disposal Corporation, EDCO Waste Services LLC, EDCO Transport Services, LLC, and/or a related or successor entity (collectively, the “Borrower”) , have submitted and California Enterprise Development Authority (the “Authority”) has accepted, an application requesting the Authority to issue its tax -exempt and/or taxable r evenue bonds in an aggregate principal amount not to exceed $ 3,000,000 (the “Bonds”) for the benefit of the Borrower pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State, (commencing with Section 6500) (the “Act”) the proceeds of which will be used in part to finance, refinance and/ or reimburse the Borrower for the costs of solid waste disposal facilities located at 6700/6762 Stanton Avenue, Buena Park, California 90621, including, but not limited to, the acquisition of solid waste trucks, containers and similar equipment (the “Facilities”) and the payment of certain costs of issuance in connection with the Bonds; and
WHEREAS, the issuance of the Bonds must be approved by the governmental unit on behalf of which the Bonds are issued and a governmental unit having jurisdiction over the territorial limits in which the Facilities are located pursuant to the public approval requirement of Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”); and WHEREAS, the Facilities are located within the territorial limits of the City of Buena Park (the “City”) and the City Council of the City of Buena Park (the “City Council”) is the elected legislative body of the City; and
WHEREAS, the Authority and the Borrower have requested that the City Council approve the issuance of the Bonds by the Authority and the financing of the Facilities with the proceeds of the Bonds pursuant to Section 147(f) of the Code; and
WHEREAS, based on representations of the Borrower, (a) the Borrower and the Facilities provide significant benefits to the residents of the C ity through the collection, disposal and recycling of solid waste and (b) the financing, refinancing and/or reimbursing the Borrower for the cost of the Facilities through the Authority will result in demonstrable savings in effective interest rate; and
2 4891-9818-6791.1
WHEREAS, it is intended that this Resolution shall comply with the public approval requirements of Section 147(f) of the Code; provided, however, that this Resolution is neither intended to nor shall it constitute an approval by the City Council of the Facilities for any other purpose; and
WHEREAS, a public hearing was held by the City Council on September 10, 2024, at the meeting which commenced at the hour of 6:00 p.m., at Council Chamber, 6650 Beach Boulevard, First Floor, Buena Park , California 90621, following a duly published notice thereof in a newspaper of general circulation in the City of Buena Park pursuant to Section 147(f) of the Code and Section 6586.5 of the Act, and all persons desiring to be heard have been heard.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City as follows:
Section 1. The City Council hereby finds and determines that all of the recitals are true and correct. The City Council hereby approves the issuance of the Bonds by the Authority, from time to time pursuant to a plan of finance, which Bonds may be tax-exempt and/or taxable as approved by the Authority in its resolution, in an amount not to exceed $3,000,000 to finance the costs of the Facilities. This Resolution shall constitute “host” approval of the issuance of the Bonds within the meaning of Section 147(f) of the Code and shall constitute the approval of the issuance of the Bonds within the meaning of the Act; provided, however, that this Resolution shall not constitute an approval by the City Council of the Facilities for any other purpose.
Section 2. All actions heretofore taken by the officers, employees and agents of the City with respect to the approval of the Bonds are hereby approved, confirmed and ratified, and the officers and employees of the City and their authorized deputies and agents are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all certificates and documents which they or bond counsel may deem necessary or advisable in order to consummate the Bonds and otherwise to effectuate the purposes of this Resolution.
Section 3. This Resolution shall take effect from and after its adoption.
3 4891-9818-6791.1
RESOLVED FURTHER, the City Clerk of the City of Buena Park shall certify the adoption of this R esolution, and thenceforth and thereafter the same shall be in full force and effect.
*****
PASSED, APPROVED AND ADOPTED this 10th day of September, 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Susan Sonne, Mayor
Attest:
By
Adria M. Jimenez, City Clerk
Approved as to form:
By
Chris Cardinale, City Attorney
4 4891-9818-6791.1
CERTIFICATE OF THE CITY CLERK
I, Adria M. Jimenez, City Clerk of the City of Buena Park , hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at the meeting of the City Council of the City of Buena Park duly and regularly held on September 10, 2024, of which meeting all of the members of said Board had due notice.
I further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect.
IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of the City of Buena Park hereto on September ___, 2024.
________________________________
Adria M. Jimenez, City Clerk
City of Buena Park
City Council Regular Meeting Agenda Report
PRESENTATION FROM THE SOUTHEAST AREA ANIMAL CONTROL AGENCY (SEAACA) RELATED TO ANIMAL
CONTROL AND FIELD SERVICES PROVIDED TO THE CITY
Meeting
Tuesday, September 10, 2024, 5:00 PM
Agenda Group
STUDY SESSION Item: 9A
Presented By
Jessica Fewer, Senior Management Analyst
Prepared By
Eddie Fenton, Assistant City Manager/Director of Human
Resources
Approved By
Aaron France, City Manager
DISCUSSION
Since July 1, 2008, the Southeast Area Animal Control Authority (SEAACA) has provided animal control services to the City of Buena Park. SEAACA provides the City with a dedicated field officer as well as animal shelter services for the community. For FY24-25, the cost for these services is approximately $665,431 after being offset by licensee fees and penalties collected by SEAACA.
On July 9, 2024, the City Council approved the FY24-25 Amended and Restated Agreement with SEAACA for the upcoming fiscal year. During discussion of the item, Mayor Sonne requested a presentation by SEAACA to include intake rates, intake/adoption procedures, and live release vs. euthanasia rates for their facility. SEAACA will be present at the study session to provide this data to the City Council and answer any questions.
City of Buena Park
City Council Regular Meeting Agenda Report
DISCUSS AND PROVIDE DIRECTION ON MUSEUM OF TEACHING AND LEARNING EXHIBIT: "YOUR BABY'S AMAZING BRAIN"
Meeting
Tuesday, September 10, 2024, 5:00 PM
Agenda Group
STUDY SESSION Item: 9B
Presented By
Mark Sauceda, Community Services Supervisor
Prepared By
Mark Sauceda, Community Services Supervisor
Approved By
Aaron France, City Manager
DISCUSSION
At the City Council meeting on August 13, 2024, Mayor Sonne calendared a discussion regarding the potential partnership with the Museum of Teaching and Learning (MOTAL) to bring their new interactive exhibit, Your Baby's Amazing Brain, to the City of Buena Park.
In 2019, the City of Buena Park collaborated with the MOTAL to present A Class Action: The Grassroots Struggle for Desegregation in California at the Ehlers Event Center. This display focused on the conditions that lead to the landmark lawsuit Mendez v. Westminster School District. The Exhibit was well received by both students form the Buena Park School District and the general public, demonstrating the community's interest in educational and historical exhibits.
MOTAL's newest exhibit, Your Baby's Amazing Brain, is designed to educate the public on the crucial early stages of brain development in babies, infants, and toddlers from birth to age five. The exhibit is housed in a 48-foot trailer that is accessible, including a wheelchair lift, and provides multilingual information in English, Korean, Spanish, and Vietnamese. Inside the display there are interactive elements that provide engaging activities and displays that emphasize the importance of stimuli during critical early months of development. The exhibit focuses on providing educational information on how early experiences impact mental, physical, psychological, and academic outcomes. Representatives from MOTAL report that the exhibit has been positively received in the communities where it has been displayed. This exhibit will provide the opportunity for residents, students, educators and guests to partake in an experience they may not have been able to visit. Information found in this exhibit may create a positive influence on early childhood development for the next generation and beyond.
Staff proposes the display of MOTAL's exhibit, Your Baby's Amazing Brain from September 24 through 26. The trailer that contains the exhibit will be placed in the parking lot in front of the Buena Park Community Center. The proposed operating hours for the exhibit are from 11am to 6pm.
This proposed exhibit is a new and non-budgeted program that will require a one-time budget amendment of $3,000 to the Community Services budget for FY 24-25. Staff proposes to allocate funds from the undesignated General Fund balance to provide this educational opportunity to the community. These funds are the direct operational cost for the MOTAL exhibit.
Attachments
2024 MOTAL - Your Baby's Amazing Brain - 1 page.pdf
Your Baby’s Amazing Brain (YBAB)
The Your Baby’s Amazing Brain (YBAB) exhibition
is an innovative, 48-foot, traveling, walk-through
experience dedicated to highlighting the critical
development of young minds from birth to age 5.
This mobile exhibition combines education and
interactivity through 13 engaging exhibits, each
designed to illuminate key aspects of early
childhood development. By inviting visitors to
explore and interact with the displays, YBAB
provides a hands-on understanding of how
babies and toddlers grow, learn, and thrive during these formative years. Its dynamic approach aims to foster a deeper appreciation for the complexities of early brain development and the crucial role caregivers and educators play in supporting it.
ABOUT THE EXHIBIT:
• Shares information in 4 languages: English, Korean, Spanish, Vietnamese. • Is designed for teens and adults (parents, grandparents, and future parents), but young children are permitted if accompanied by adults.
• Can host up to 40 individuals for each 45-minute tour. • Is ADA compliant, with an excellent wheelchair lift.
• Is air-conditioned.
• Has a staff of (4) Onsite Managers to set up, assist
guests and answer questions.
• Guests do not pay for their visit to the mobile
exhibition, but online donations are encouraged at
www.motal.org.
City of Buena Park
City Council Regular Meeting Agenda Report
DISCUSS AND PROVIDE DIRECTION REGARDING THE IMPACT OF E-BIKES IN BUENA PARK AND ORANGE COUNTY
Meeting
Tuesday, September 10, 2024, 5:00 PM
Agenda Group
STUDY SESSION Item: 9C
Presented By
Nghia Nguyen, Police Captain
Prepared By
Frank Nunes, Police Chief
Approved By
Aaron France, City Manager
DISCUSSION
On June 25, 2024, Mayor Sonne requested an overview of the impact of electric bikes ("e-bikes") within Buena Park as well as Orange County as a whole. E-bikes have been widely available to consumers since 2020. The lockdowns of the Covid-19 pandemic skyrocketed the sales of e-bikes as consumers sought a different way to commute, exercise outdoor, and traverse their local area. E-bikes are a sustainable form of transportation for commuters seeking an alternative to gas-powered vehicles. Today’s e-bikes have up to 30 miles of range on a single charge and can reach speeds of 28 mph, keeping up with traffic on surface streets.
E-bikes are so new to the market that they have outpaced regulations. Cities are now playing catch-up to establish regulations to prevent the already-occurring misuse, accidents, and collisions. Several beach cities, such as the cities of Huntington Beach and Newport Beach have already updated their municipal codes to define e-bikes and to regulate their use.
Earlier this year, the Orange County Grand Jury completed a comprehensive report titled “E-Bikes Friend or Foe.” The report provided findings and recommendations to help educate municipalities and community members.
Buena Park submitted responses to the Grand Jury's required findings and recommendations (Attachment 1).
At the study session, the Police Department will provide an overview of e-bikes, the various types, the potential dangers, and what other cities in Orange County have done to regulate their use.
Attachments
2024.07.03 Grand Jury Responses - E-Bikes Friends or Foe FINAL CMO Ltr H.pdf