MAYOR SUSAN SONNE
VICE MAYOR JOYCE AHN
COUNCIL MEMBER ARTHUR C. BROWN
COUNCIL MEMBER CONNOR TRAUT
Tuesday, October 22, 2024, 5:00 PM
6650 Beach Boulevard
Buena Park, CA 90621
BUENA PARK CITY COUNCILREGULAR MEETING AGENDA
5:00 p.m.PUBLIC HEARINGS AT 6:00 P.M.
1. GENERAL
1A. CALL TO ORDER
1B. ROLL CALL
1C. INVOCATION
— Pastor Don Harbert, BPPD Police Chaplain and The Way Fellowship 1D. PLEDGE OF ALLEGIANCE
— Matt Foulkes, Director of Community and Economic Development 1E. CITY MANAGER REPORT
— Aaron France, City Manager
2. PRESENTATIONS
2A. PRESENTATION OF PROCEEDS FROM THE 2024 FALLEN FOUR GOLF TOURNAMENT TO THE AMERICAN CANCER SOCIETY
AND GIVING CHILDREN HOPE
2B. PRESENTATION OF BUENA PARK YOUTH THEATRE FALL PRODUCTION OF DISNEY HIGH SCHOOL MUSICAL ON STAGE
3. ORAL COMMUNICATIONS
3A. ORAL COMMUNICATIONS
This is the portion of the meeting set aside to invite public comments regarding any item on the Regular Meeting Agenda only.
Public comments are limited to no more than three minutes each. Those wishing to speak in-person are asked to add your information at the digital public kiosk located at the entrance of the Council Chamber. Those wishing to speak using the videoconferencing feature are asked to raise your hand now by either dialing *9 or using the raise hand feature.
4. CONSENT CALENDAR
The items listed under the Council Consent Calendar are considered routine business and will be voted on together by one motion unless a Council Member requests separate action. At this time the City Council or public may ask to speak on any item on the Consent Calendar. 4A. APPROVAL OF MINUTES
— Recommended Action: Approve the Minutes of the Special City Council Meeting of October 2, 2024, and Special and Regular City Council Meetings of October 8, 2024.
4B. RESOLUTIONS APPROVING CLAIMS AND DEMANDS
— Recommended Action: Adopt Resolutions approving the Claims and Demands. 4C. PROCLAMATION RECOGNIZING OCTOBER 20 - 26, 2024 AS CHILDHOOD LEAD POISONING PREVENTION WEEK — Recommended Action: Approve Proclamation.
4D. FINAL PAYMENT TO M.J. ELLS CONSTRUCTION, INC. FOR THE STAGE STOP BUILDING REPAIR PROJECT — Recommended Action: 1) Accept the project as complete and approve a final payment to M.J. Ells Construction, Inc. in the amount of $6,561.50; and 2) Direct the Public Works Department to file a Notice of Completion. 4E. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR TREE
TRIMMING
— Recommended Action: 1) Approve Amendment No. 1 to Professional Services Agreement (PSA) 21-40 with West Coast Arborists, Inc. for tree trimming services in the amount of $340,000; 2) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; 3) Authorize the City Manager and City Clerk to execute the agreement; and, 4) Approve a budget amendment in the amount of $20,500 from the General Fund. 4F. CONTRACT WITH SOCALREN AND WATER HEATER WAREHOUSE FOR WATER HEATER REPLACEMENTS AT VARIOUS CITY
FACILITIES
— Recommended Action: 1) Approve participation in the Southern California Regional Energy Network (SoCalREN) incentive program to replace six City water heaters with energy efficient heat pump water heaters; 2) Adopt a resolution waiving competitive bidding and authorizing a contract with SoCalREN's preferred contractor, The Water Heater Warehouse, LLC; 3) Authorize the City Manager and City Attorney to make any necessary non-monetary changes to the contract; 4) Authorize the City Manager and City Clerk to execute a contract with Water Heater Warehouse in an amount not to exceed $151,239.21, of which $137,303.34 is to be paid directly through the SoCalREN incentive program, $10,835.87 to be paid by the City of Buena Park, and $3,100 to be paid by the TECH Clean California incentive program; and 5) Authorize the City Manager to take such other actions as are reasonably necessary or required to participate in the incentive program and complete the project.
4G. AMENDMENT NO. 4 TO LICENSE AGREEMENT WITH MGPXII BUENA PARK CENTER, LLC (MERLONE GEIER) FOR USE OF 8150 LA PALMA FOR THE BUENA PARK FARMERS MARKET
— Recommended Action: 1) Approve Amendment No. 4 to the license agreement with MGP XII Buena Park Center, LLC ("Merlone Geier") for use of the site at 8150 La Palma Avenue for the Buena Park Farmers Market; 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 agreement.
4H. RESOLUTION AUTHORIZING PERSONS HOLDING CERTAIN DESIGNATED POSITIONS TO EXECUTE URBAN AREA SECURITY
INITIATIVE (UASI) GRANT DOCUMENTS FOR AND ON BEHALF OF THE CITY OF BUENA PARK To designate and authorize staff to execute the FY 2023 Urban Area Security Initiative grant agreement documents on behalf of the City of Buena Park. Persons in the designated positions will be authorized to execute all documents associated with the administration of grants and training opportunities awarded to Buena Park, or to apply for grants or grant-related activities available to the City’s public safety entities.
— Recommended Action: 1) Adopt a resolution authorizing the Police Chief or his designee to execute Urban Area Security Initiative (UASI) grant documents for and on behalf of the City of Buena Park; 2) Authorize the City Manager, Police Chief or designated persons within the Buena Park Police Department to oversee and administer the projects associated with the Anaheim/Santa Ana UASI training and funding on behalf of the City; 3) Approve an agreement with the City of Santa Ana for transfer or purchase of equipment/services or reimbursement of training costs; 4) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; and, 5) Authorize the Police Chief to execute the agreement.
5. NEW BUSINESS
5A. PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN & ASSOCIATES, INC. FOR THE DEVELOPMENT OF THE
BUENA PARK SAFE ROUTES TO SCHOOL PLAN
— Recommended Action: 1) Approve Professional Services Agreement (PSA) 24-10 with Kimley-Horn and Associates, Inc. for the Development of the Buena Park Safe Routes to School Plan in the amount of $432,017.82; 2) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; 3) Authorize the City Manager and City Clerk to execute the agreement; and, 4) Appropriate $433,000 from the undesignated General Fund balance for this purpose.
5B. RECEIVE AND FILE A DRAFT REPORT REGARDING THE BUENA PARK STAFFING AND ORGANIZATIONAL ASSESSMENT — Recommended Action: 1) Receive and file a draft report. 5C. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 1.12 OF THE BUENA PARK MUNICIPAL CODE PERTAINING TO
CITY LOGOS, AND A RESOLUTION ADOPTING OFFICIAL LOGOS FOR THE CITY'S OFFICE OF SUSTAINABILITY — Recommended Action: 1) Adopt an ordinance amending Section 1.12.050 of the Buena Park Municipal Code relating to official logos, logotypes, and patches of the City of Buena Park; and 2) Adopt a resolution related to official logos for the City of Buena Park's Office of Sustainability and its associated programs. 5D. CONSIDERATION OF AN ASSIGNMENT AND SECOND AMENDMENT TO AFFORDABLE HOUSING DISPOSITION AND
DEVELOPMENT AGREEMENT (AHDDA) WITH C&C DEVELOPMENT
The City Council will consider approving an Assignment and Second Amendment to the Disposition and Development Agreement with C&C Development concerning the City-owned property located at 7101 Lincoln Avenue, Buena Park, CA. — Recommended Action: 1) Approve an Assignment and Second Amendment to the Affordable Housing Disposition and Development Agreement with C&C Development to subordinate the City's security interest in the property to project loans issued by the County of Orange; and ,2) Authorize the City Manager , City Attorney and City Clerk to finalize and execute a Second Amendment and take related actions to implement the change in lien priority.
6. PUBLIC HEARING
No Items
7. COUNCIL MEMBER ANNOUNCEMENTS, CONFERENCE REPORTS AND CALENDAR REQUESTS 7A. COUNCIL MEMBER ANNOUNCEMENTS, CONFERENCE REPORTS AND CALENDAR REQUESTS
8. RECESS
8A. RECESS
9. STUDY SESSION
9A. DISCUSS AND PROVIDE DIRECTION FOR TRAFFIC CONCERNS NEAR TAMARACK WAY/DALE STREET/LA PALMA AVENUE 9B. DISCUSS AND PROVIDE DIRECTION REGARDING AN EVALUATION OF THE NEED FOR AN ADULT SCHOOL CROSSING
GUARD AT THE INTERSECTIONS OF CAMELLIA DRIVE AT COLUMBINE CIRCLE/PERIWINKLE DRIVE AND CAMELLIA DRIVE AT
CALLALILY CIRCLE
9C. DISCUSS AND PROVIDE DIRECTION REGARDING A PILOT PROGRAM FOR RESIDENTIAL WILDLIFE SPRAY DETERRANT
DEVICES
10. CITY MANAGER REPORT
10A. CITY MANAGER REPORT
11. COMMISSION & COMMITTEE UPDATES
11A. COMMISSION & COMMITTEE UPDATES
12. ADJOURNMENT
This agenda contains a brief general description of each item to be considered. Supporting documents are available for review and copying at City Hall or at www.buenapark.com. Supplementary materials distributed to the City Council less than 72 hours before the meeting are posted to the City’s website at www.buenapark.com and copies are available for public inspection beginning the next regular business day in the City Clerk’s Office. Video streaming of the meeting is available on the City’s website. This governing body is prohibited from discussing or taking action on any item which is not included in this agenda; however, may ask clarifying questions, ask staff to follow-up, or provide other direction. The order of business as it appears on this agenda may be modified by the governing body.
In compliance with the Americans with Disabilities Act, if you need accommodations to participate in this meeting, contact the City Clerk’s Office at (714) 562-3750 or the California Relay Service at 711. Notification at least 48 hours prior to the meeting will enable the City to make arrangements to assure accessibility.
If you would like to participate in any matter of business on the agenda and would like translation in Korean or Spanish please contact the City Clerk’s Office at (714) 562-3750 48-hours prior to the meeting. Residents requiring translation during Oral Communications are encouraged to bring interpreters.
시의제 목록에 있는 정식 안건에 대해 의견을 발표하고 싶으신 경우, 중국어, 한국어, 스패니쉬, 타갈로에 대한 통역사가 필요하시면 시미팅 48시간전 시서기 오피스로 (714-562-3750) 연락하시면 됩니다. 정식안건이 아닌 주민 발언시간에 발표하실 경우, 본인의 통역사를 직접 모시 고 오시면 감사하겠습니다.
Si le gustaría participar en audiencia pública o cualquier asunto de negocios programado en la agenda y necesita traducción en chino, coreano, español, tagalo o vietnamita, comuníquese con la Oficina del Secretario de la Ciudad, 48 horas antes de la reunión al (714) 562- 3750. Para participar en los comentarios públicos sobre cualquier otro asunto dentro de la jurisdicción del ayuntamiento, se les recomienda que traiga un intérprete.
I, Adria M. Jimenez, MMC, City of Buena Park, do hereby certify, under penalty of perjury under the laws of the State of California that a full and correct copy of this agenda was posted pursuant to Government Code Section 54950 et. seq., at Buena Park City Hall, 6650 Beach Blvd., and uploaded to the City of Buena Park website www.buenapark.com.
Adria M. Jimenez, MMC
Director of Government and Community Relations
City Clerk
Date Posted: October 17, 2024
City of Buena Park
City Council Regular Meeting Agenda Report
A. APPROVAL OF MINUTES
Meeting
Tuesday, October 22, 2024, 5:00 PM
Agenda Group
CONSENT CALENDAR Item: 4A.
Presented By
Anna Badillo, Assistant City Clerk
Prepared By
Anna Badillo, Assistant City Clerk
Approved By
Aaron France, City Manager
RECOMMENDED ACTION
Approve the Minutes of the Special City Council Meeting of October 2, 2024, and Special and Regular City Council Meetings of October 8, 2024.
Attachments
2024-10-02 CC M 12PM.pdf
2024-10-08 CC M 330PM.pdf
2024-10-08 CC M 5PM.pdf
MINUTES OF A SPECIAL MEETING
OF THE BUENA PARK CITY COUNCIL
HELD OCTOBER 2, 2024
Vol. 54 Pg. 128
1. CALL TO ORDER
The City Council met in a special meeting on Wednesday, October 2, 2024, at 12:00 p.m., in the Knott’s Berry Farm Hotel, 7675 Crescent Avenue, Buena Park, California, Mayor Sonne presiding.
1A. CALL TO ORDER
1B. ROLL CALL
PRESENT: Brown, Traut, Ahn, Sonne
ABSENT: None
1C. PRESENTATION OF COLORS
The presentation of colors was performed by the Buena Park Police Department Color Guard.
1D. FLAG SALUTE
The flag salute was led by Police Chief Frank Nunes.
1E. UNITED STATES OF AMERICA NATIONAL ANTHEM
The singing of the United States of America National Anthem was led by Shay Tiettmeyer.
2A. ORAL COMMUNICATIONS
Director of Government and Community Relations/City Clerk Jimenez announced the public may at this time address the members of the City Council on any matters within the jurisdiction of the City Council.
Christie Brown, Savanna School District Board Member and Buena Park resident, thanked City staff for a successful State of the City.
Helen Medina, Buena Park Library Director and Buena Park resident, thanked the City and Buena Park Police Department for their hard work and service.
There being no additional requests to speak, Mayor Sonne closed oral communications.
3. NEW BUSINESS
3A. IF I WERE MAYOR CONTEST PRESENTATIONS
Director of Government and Community Relations/City Clerk Jimenez provided a brief introduction of the City’s newest youth engagement program, “If I Were Mayor.” This year’s contest theme highlighted the City’s sustainability efforts, and sought the participants’ creativity in expressing their vision of a more sustainable Buena Park through essay and art. The City received over 100 essays and 100 poster entries.
Mayor Sonne acknowledged the attendance of some of the contest winners and presented the awards to the following: Ryan Shin, Tanya Banwait, Chaemin Park, Hailey Yoon, Evelyn Ann Le, and Jia Yu.
Minutes October 2, 2024 Vol. 54 Pg. 129
3B. 2024 STATE OF THE CITY ADDRESS
City Manager France introduced the Members of the City Council, their spouses, and family members. City Manager France also acknowledged the presence of Congresswoman Michelle Steel, Assemblywoman Sharon Quirk-Silva, and their respective representatives.
Mayor Sonne and City Manager France delivered the 2024 State of the City address and highlighted Buena Park’s upcoming local election, general fund budget, general fund reserve, Koreatown designation, Capital Improvement Projects, housing developments, entertainment and activities, new and ongoing programs, education, and public safety.
ADJOURNMENT
There being no further business, Mayor Sonne adjourned the meeting at 1:06 p.m.
Mayor
ATTEST:
City Clerk
MINUTES OF A SPECIAL MEETING
OF THE BUENA PARK CITY COUNCIL
HELD OCTOBER 8, 2024
Vol. 54 Pg. 128
1. CALL TO ORDER
The City Council met in a special meeting on Tuesday, October 8, 2024, at 3:30 p.m., in the Council Chamber of the Civic Center, 6650 Beach Boulevard, Buena Park, California, Mayor Sonne presiding.
1A. CALL TO ORDER
1B. ROLL CALL
PRESENT: Brown, 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. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Brown.
2A. 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. There being none, Mayor Sonne closed oral communications.
3. CLOSED SESSION
Mayor Sonne stated the need for a closed session as scheduled and ordered the meeting into closed session.
3A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Gov. Code Section 54956.9 (d)(1); Name of Case: Butterfly Pavilion, LLC, et al. v. City of Buena Park, et al.; Case No. 30-2023-01334465-CU-BT-WJC
3B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Gov. Code Section 54957.6; Agency Negotiator: Eddie Fenton, Assistant City Manager/Director of Human Resources; Employee Organization: Buena Park City Employees’ Association; Buena Park Technical, Office, and Professionals Association; Buena Park Management Unit; Buena Park Police Association; Buena Park Police Management Association; and, Buena Park Unrepresented Employees
Mayor Sonne reconvened the meeting in open session and it was announced that no reportable action was taken for Item Nos. 3A and 3B.
Minutes October 8, 2024 Vol. 54 Pg. 129
ADJOURNMENT
There being no further business, Mayor Sonne adjourned the meeting at 4:11 p.m.
Mayor
ATTEST:
City Clerk
MINUTES OF CITY COUNCIL MEETING
OF THE CITY OF BUENA PARK
HELD OCTOBER 8, 2024
Vol. 54 Pg. 130
1. GENERAL
The City Council met in a regular session on Tuesday, October 8, 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, 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 Rabbi Lawrence Goldmark.
1D. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Sara Copping, Director of Convention Visitor’s Bureau.
1E. CITY MANAGER REPORT
City Manager France reported the following:
Director of Government and Community Relations/City Clerk Jimenez informed the public regarding a Candidate Forum, hosted by the League of Women Voters, that will be held on Thursday, October 10, 2024, 7:00 p.m. at the Buena Park City Hall Council Chamber. The Candidate Forum will be livestreamed and available on the City website at www.buenapark.com. Additionally, Director Jimenez provided an election update including candidate information, voter registration, voter information guide, vote-by-mail ballots, and opening of ballot drop boxes and vote centers. It was noted that the deadline to register to vote is Monday, October 21, 2024. All Orange County voters are encouraged to sign up for OC Ballot Express to track their vote-by-mail ballot and receive notifications via text or email.
Lastly, the public may contact the City Clerk’s Office for any election-related questions, and may visit the City website for candidate and Measure R information. The public is advised to contact the Community Services Department to submit their nominations for the Halloween Home Decorating Contest from October 7-20, 2024. OCFA Open House, Station 61, Saturday, October 12, 2024.
2. PRESENTATIONS
2A. PROCLAMATION RECOGNIZING OCTOBER 18-20, 2024 AS SILVERADO DAYS
Council Member Brown presented a Proclamation recognizing October 18-20, 2024 as Silverado Days to the Buena Park Noon Lions Club.
2B. PROCLAMATION RECOGNIZING OCTOBER 2024 AS BREAST CANCER
AWARENESS MONTH
Vice Mayor Ahn presented a Proclamation recognizing October 2024 as Breast Cancer Awareness Month to Providence St. Jude Medical Center.
Minutes October 8, 2024 Vol. 54 Pg. 131
2C. PROCLAMATION RECOGNIZING OCTOBER 6-12, 2024 AS FIRE PREVENTION WEEK
Council Member Traut presented a Proclamation recognizing October 6-12, 2024 as Fire Prevention Week to OCFA Division Chief Steve Dohman.
Chief Dohman thanked the City Council for the Proclamation and invited the community to the OCFA Open House at Station 61 on Saturday, October 12, 2024, 9:00 a.m.–12:00 p.m.
2D. IF I WERE MAYOR ESSAY AND POSTER CONTEST
Item pulled.
2E. NORTH ORANGE COUNTY CHAMBER OF COMMERCE AWARD PRESENTATION
NOCC President and CEO Andrew Gregson and staff presented an award to Mayor Sonne for her service and inspirational leadership to the Buena Park community; and, presented an award to City Manager France for his leadership and unwavering commitment to the City.
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.
Dr. Elizabeth Swift, Buena Park resident, spoke regarding a request to establish Preferential Parking District (PPD) on Brenner Avenue.
Racquel De Leon, Buena Park resident, spoke regarding her parking concerns along Brenner Avenue, and its effect on trash pickup and street sweeping.
Kevin, Buena Park resident, spoke regarding his parking concerns along Brenner Avenue caused by Hilton Hotel staff.
Dr. Julienne Lee, Buena Park School District Superintendent, spoke regarding Measure M – Buena Park School District, School Safety, Renovation and Construction Measure.
Lisette, Buena Park resident, spoke regarding her and her parents’ parking concerns along Brenner Avenue and Melrose Avenue, and requested that the City Council consider permit parking on the said streets to alleviate overcrowding and inconvenience caused by the staff and customers of Hilton Hotel.
Art Montez, Buena Park resident, spoke regarding a request to fix the communications system in the City in preparation for future emergencies and in support of City of Buena Park Measure R – Public Safety/Essential Services.
Robert Shreeves, Buena Park resident, spoke regarding his parking concerns on Brenner Avenue caused by Hilton Hotel, and in support of permit parking on the said street.
Maria, Buena Park resident, spoke regarding her experience of a parking nuisance wherein she was unable to leave the house at a time of emergency, and requested the City Council establish Preferential Parking District on Brenner Avenue.
There being no additional requests to speak, Mayor Sonne closed oral communications.
Council Member Traut asked about the timeline of proceeding with establishing a PPD.
Director of Public Works/City Engineer Mikhael explained an estimated timeline of establishing a PPD and distribution of parking permits.
City Manager France indicated that PPDs are typically reviewed by the Traffic and Transportation Commission. However, a Commission review could be omitted with City Council direction.
Minutes October 8, 2024 Vol. 54 Pg. 132
4. CONSENT CALENDAR (4A – 4F)
Mayor Sonne announced that Consent Calendar Item Nos. 4A through 4F 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 – 4F:
MOTION: Brown
SECOND: Traut
AYES: Brown, Traut, Ahn, Sonne
NOES: None
MOTION CARRIED that all actions recommended on Consent Calendar Item Nos. 4A – 4F be approved.
Minutes
4A. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes of the Special and Regular City Council Meetings of September 24, 2024.
APPROVED the recommended action.
Finance 75
4B. RESOLUTIONS APPROVING CLAIMS AND DEMANDS
Recommended Action: Adopt Resolutions approving Claims and Demands.
ADOPTED the following titled resolutions:
RESOLUTION NO. 14905
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $2,001,658.78 DEMAND NOS. 426955 THROUGH 427177 CANCELLED NOS. 423671, 426345 AND 426762
RESOLUTION NO. 14906
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,051,271.97 COVERING REGULAR PAYROLL ENDING SEPTEMBER 13, 2024
Proclamations 119
4C. PROCLAMATION RECOGNIZING OCTOBER 18-20, 2024 AS SILVERADO DAYS Recommended Action: Approve Proclamation.
APPROVED the recommended action.
Proclamations 119
4D. PROCLAMATION RECOGNIZING OCTOBER 2024 AS BREAST CANCER
AWARENESS MONTH
Recommended Action: Approve Proclamation.
APPROVED the recommended action.
Proclamations 119
4E. PROCLAMATION RECOGNIZING OCTOBER 6-12, 2024 AS FIRE PREVENTION WEEK
Recommended Action: Approve Proclamation.
APPROVED the recommended action.
Minutes October 8, 2024 Vol. 54 Pg. 133
Public Works Proj. 125
4F. REJECT ALL BIDS AND RE-ADVERTISE FOR THE PEAK PARK WATER WELL
DRILLING PROJECT
Recommended Action: 1) Reject all bids; and, 2) Authorize the City Clerk to re-advertise the project for bids.
APPROVED the recommended action.
END OF CONSENT CALENDAR
5. NEW BUSINESS (5A – 5B)
Contracts 70 C-3561 Public Works Proj. 125 PW-965
5A. FINAL PAYMENT TO ROY ALLAN SLURRY SEAL, INC. FOR THE 2023-2024
ANNUAL SLURRY SEAL PROJECT
Recommended Action: 1) Accept the project as complete and approve a final payment to Roy Allan Slurry Seal, Inc. in the amount of $267,260.65; and, 2) Direct the Public Works Department to file a Notice of Completion.
Principal Engineer Alqam provided a report regarding the completion of the 2023-2024 Annual Slurry Seal Project. Work limits of the 2023-2024 Annual Slurry Seal Project included the areas north of Lincoln Avenue, south of Crescent Avenue, in between Los Altos Drive and Valley View Street. Roy Allan Slurry Seal, Inc. completed the Project and submitted a bill for work completion dated September 16, 2024. The final contract cost for this project is $281,327, which included change orders and quantity changes. It was recommended that the City Council accept the project as complete and turn the public facility over to the City for maintenance and operation.
MOTION: Brown
SECOND: Ahn
AYES: Brown, Ahn, Traut, Sonne
NOES: None
MOTION CARRIED to approve the recommended action.
Contracts 70 C-3529
5B. AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CIVILTEC ENGINEERING, INC. FOR THE MAGNOLIA AVENUE WATER MAIN
INTERCONNECT PROJECT
Recommended Action: 1) Approve Amendment No. 2 to Professional Services Agreement No. 23-07 with Civiltec Engineering, Inc. in the amount of $12,120; 2) Authorize the City Manager and City Attorney to make any necessary nonmonetary changes to the amendment; and, 3) Authorize the City Manager and City Clerk to execute the amendment.
Assistant Engineer Tran provided a report regarding an amendment to the Professional Services Agreement with Civiltec Engineering, Inc. for the Magnolia Avenue Water Main Interconnect Project. The project scope includes establishing a connection between the Magnolia Avenue water main and the City of Fullerton's system to offer additional water source, enhance redundancy for fire flow needs, and mitigate pressure loss in the event of a main break. Under the current PSA with Civiltec Engineer, Inc., construction support services are provided throughout the duration of the project. Nevertheless, additional support is needed to review additional construction submittals related to electrical work. It was recommended that the City Council approve Amendment No. 2 to Professional Services Agreement No. 23-07 with Civiltec Engineering, Inc. in the amount of $12,120 to cover the necessary additional work.
MOTION: Traut
SECOND: Sonne
AYES: Traut, Sonne, Ahn, Brown
NOES: None
MOTION CARRIED to approve the recommended action.
Minutes October 8, 2024 Vol. 54 Pg. 134
6. PUBLIC HEARING
No Public Hearing Items.
7. MAYOR/CITY COUNCIL REPORTS AND CALENDAR
7A. REPORT
Council Member Brown reported the following:
September 26 OCCOG Board Meeting
September 27 NOCC Small Business Forum
October 2 Buena Park State of the City
October 3 NOCC SHE Influences Conference and Business Expo October 5 Buena Park Noon Lions Silverado Ball
Council Member Traut commended Mayor Sonne, City Manager France, and the City Manager’s Office staff for a successful State of the City. Additionally, Council Member Traut and Mayor Sonne jointly calendared a review and discussion of permit parking on Brenner Avenue and Melrose Avenue.
Vice Mayor Ahn reported the following:
September 25 OC Sanitation District Board Meeting
September 28 Friendly Center’s One Heart Gala
October 2 Buena Park State of the City
October 3 NOCC SHE Influences Conference and Business Expo October 3 OCPA Open House and Annual Celebration
October 5 Buena Park Noon Lions Silverado Ball
Vice Mayor Ahn acknowledged the NOCC for sponsoring the SHE Influences Conference and Business Expo.
Mayor Sonne reported the following:
September 26 OC Black Chamber of Commerce 40th Anniversary Banquet September 28 Friendly Center’s One Heart Gala
October 2 Buena Park State of the City
October 3 OCPA Open House and Annual Celebration
October 4 Magnolia High School Freight Farming Ribbon Cutting October 5 Buena Park Noon Lions Silverado Ball
Mayor Sonne attended the October 3, 2024 OCPA Open House and Annual Celebration wherein Buena Park Middle School was awarded a Bright Futures grant in the amount of $20,000. Also, Mayor Sonne calendared parking solutions for the area south of Crescent Avenue, between Western Avenue and Beach Boulevard.
8. RECESS/RECONVENE
Mayor Sonne recessed the meeting at 5:57 p.m. and announced the meeting would be reconvened in the City Council Chamber. The meeting was reconvened at 6:07 p.m.
Minutes October 8, 2024 Vol. 54 Pg. 135
9. STUDY SESSION (9A – 9C)
9A. DISCUSS AND PROVIDE DIRECTION REGARDING BEL AIR STREET TRAFFIC
CALMING OPTIONS
Assistant City Engineer Arabolu introduced Traffic Consultant Paul Martin to present the Bel Air Street traffic calming options.
Paul Martin, Traffic Consultant, discussed residents’ concerns regarding speeding and traffic safety on Bel Air Street. City staff conducted a field review of the existing conditions in the area, implemented traffic calming measures to address some concerns, and collaborated with the Police Department to enforce traffic regulations. Despite these efforts, residents continue to express their concerns on speeding issues. City staff introduced several engineering treatments beyond the standard measures typically used on residential streets as well as explored pursuing a grant to implement traffic-calming measures on the roadway. On September 9, 2024, a traffic forum was conducted to discuss concerns, ideas for improvements, and plans for a grant application to secure funding for planning and implementation of possible solutions. The consultant team presented an overview of the grant application, including an anticipated project schedule, assuming the application was selected for funding and gathered feedback from residents. Ultimately, residents requested for installation of speed humps or other traffic calming options on Bel Air Street. Mr. Martin explained the advantages and disadvantages of speed humps, and listed the existing speed hump policies in Orange County. Furthermore, Mr. Martin described potential Bel Air Street Traffic Calming Treatments for City Council’s consideration.
Mayor Sonne asked about the timeframe police officers were out surveying traffic on Bel Air Street; impact of speed humps on service vehicles; other Orange County cities with speed humps as part of their traffic mitigation and liabilities reported; and speed cushions as a better option.
Captain Nguyen indicated that a speed trailer was placed on Bel Air Street for three full days to monitor speed of traffic and collect data needed for this study. Police officers also patrolled the subject area during daylight.
Police Chief Nunes mentioned that according to the data collected, speeding occurred between 5:00 p.m. and 9:00 p.m.
Assistant City Engineer Arabolu stated that according to a previous discussion by the Traffic and Transportation Commission, the City’s waste management contractor, BPPD, and OCFA expressed their opposition to the installation of speed humps due to the difficulty in maneuvering heavy vehicles. As for reports on liabilities due to speed humps, staff did not have any information to provide. However, the list provided indicates a few of the cities with speed hump policies. Speed cushions, on the other hand, are less intrusive. The only disadvantage on speed cushion is that vehicles tend to swerve around them.
City Manager France explained that there would not be any issues in terms of service delivery.
Council Member Traut spoke in support of speed humps and speed cushions; and, for the City Council to consider to bring back a future discussion on a Citywide policy pertaining to speed humps.
Council Member Brown spoke in opposition to the installation of speed humps in the City.
Vice Mayor Ahn spoke in support of speed cushions and its effectiveness in mitigating speeding concerns. Vice Mayor Ahn also spoke in support of developing a Citywide policy for speed humps or other traffic calming measures.
Following the discussion, the City Council directed staff to evaluate traffic calming treatments for Bel Air Street; and, develop a Citywide policy for traffic calming measures.
Minutes October 8, 2024 Vol. 54 Pg. 136
9B. DISCUSS AND PROVIDE DIRECTION REGARDING ELECTRIFYING LAWN
EQUIPMENT
Sustainability Manager Thai provided a report regarding electrifying lawn equipment. The state legislature approved Assembly Bill No. 1346, which banned the sale of gas-powered lawnmowers and leaf blowers effective January 1, 2024. While homeowners and businesses will still be permitted to use gas-powered equipment after that date, they will no longer be able to purchase such equipment in California. The Climate Action Commission was directed by the City Council to discuss and provide recommendations on potential code amendment and program details. At its July 2, 2024 meeting, the Commission moved to recommend to develop a four-year transition plan to electric lawn equipment, and funding outreach efforts for Buena Park residents, businesses based in Buena Park, and businesses licensed to work in the City. It was noted that the initial phase of the plan would involve the transition of City-owned and City- contracted equipment to an electric alternative followed by City contractors and Buena Park businesses in years 2 and 3, and small equipment owned by residents in year 4. The City, along with residents and businesses, would be able to take advantage of various rebates offered by the South Coast Air Quality Management District (AQMD) to reduce equipment transition costs.
Sustainability Manager Thai highlighted that City staff will work collaboratively with stakeholders to develop implementation guidelines, outreach materials, and enforcement mechanisms for the proposed transition. A review and consideration of a Municipal Code amendment will also be agendized at a future noticed public hearing.
Vice Mayor Ahn asked about qualifications for the rebate program.
Mayor Sonne asked about the effort of electrifying lawn equipment being part of the Climate Action Adaptation Plan.
Council Member Traut spoke in support of electrifying lawn equipment and the benefits of this effort to the individuals working directly with such equipment and the community in general.
Sustainability Manager Thai explained the rebate program offered by the South Coast Air Quality Management District. To qualify, residents and businesses are required to surrender their gas-powered equipment and show proof to AQMD. Moreover, Sustainability Manager Thai indicated there is a possibility for this effort to be highlighted in the Climate Action Adaptation Plan if 1.3 million pounds of carbon dioxide is reduced before the Plan is presented.
Director of Community and Economic Development indicated that the program will begin with education. Staff will notify workers while they are out in the field and the community through use of mailers.
City Manager France sought City Council feedback on the recommended $40,000 City-rebate program and an additional $10,000 to assist small businesses that are licensed to work in the City.
The City Council expressed support for the $50,000 allocated for City-rebate program.
Following the discussion, the City Council directed staff to proceed with the transition plan recommended by the Climate Action Commission and a review and consideration of a Municipal Code amendment electrifying lawn equipment.
9C. DISCUSS AND PROVIDE DIRECTION REGARDING A MILITARY BANNER
PROGRAM
Community Services Coordinator Reyes-Sanchez provide a report regarding a Military Banner Program. The proposed Military Banner Program would honor and recognize Buena Park active duty military personnel, and their banners would be displayed on City light poles. Community Services Coordinator Reyes-Sanchez discussed the two existing street banner programs. One program aims to recognize veterans who died in line of duty, and the other to recognize Buena Park High School’s Top 25 Graduates. The City’s current banner measurement, estimated production and installation hardware costs for each banner, and suggested locations were also noted. Staff conducted a comprehensive study of Military Banner Programs in neighboring cities and found some universally-shared criteria. Moreover, the Community Services Commission recommended a fee structure, banner format, length of display, and locations for the Military Banner program. Based on the aforementioned recommendations, Community Services Coordinator Reyes-Sanchez explained staff’s proposed specifics for each category, and sought City Council direction to proceed with the implementation of the Military Banner Program which is proposed to begin in Spring 2025.
Minutes October 8, 2024 Vol. 54 Pg. 137
Mayor Sonne asked about the number of banners that could be displayed in the locations identified; and, suggested that military families not be charged for the display of banners.
Vice Mayor Ahn asked about the fees associated with the display of banners.
Council Member Traut spoke in support of the recommendation of the Community Services Commission and suggested the banners be displayed at a high-traffic location.
Community Services Coordinator Reyes-Sanchez explained that the number of banners displayed depends on the location. There is an estimate of 68 light poles in the locations identified. As for the fees associated with the display of banners, the $440 is based on the estimated cost of the banner and installation hardware.
Following the discussion, the City Council directed staff to proceed with the implementation of the Military Banner Program, waving any associated fees, which is proposed to begin in Spring 2025.
10. CITY MANAGER REPORT
City Manager France reported about the Walk to School Day at Dysinger Elementary School and San Marino Elementary School on Wednesday, October 9, 2024, 7:30 a.m.
11. COMMISSION & COMMITTEE UPDATES
Director of Government and Community Relations/City Clerk had nothing to report.
12. ADJOURNMENT
There being no further business, Mayor Sonne adjourned the meeting at 7:09 p.m.
Mayor
ATTEST:
City Clerk
City of Buena Park
City Council Regular Meeting Agenda Report
RESOLUTIONS APPROVING CLAIMS AND DEMANDS
Meeting
Tuesday, October 22, 2024, 5:00 PM
Agenda Group
CONSENT CALENDAR Item: 4B.
Presented By
Sung Hyun, Director of Finance
Prepared By
Sung Hyun, Director of Finance
Approved By
Aaron France, City Manager
Attachments
Claims 427178-427374 reso.pdf
Claims 427178-427374 att1of2 resolist.pdf
Claims 427178-427374 att2of2 voids.pdf
Claims PR092724 retiree reso.pdf
Claims PR092724 retiree att1of1 resolist.pdf
Claims PR100424 reso.pdf
Claims PR100424 att1of1 resolist.pdf
Claims PR101824 reso.pdf
Claims PR101824 att1of1 resolist.pdf
RECOMMENDED ACTION
Adopt Resolutions approving the Claims and Demands.
RESOLUTION NO ______,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA
PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS IN THE SUM OF $3,091,457.76 DEMAND NOS.,
427178 THROUGH 427374 CANCELLED NOS 426811 VOIDS
SEE ATTACHED LIST
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA
PARK DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1: That in accordance with Section 37202 of the Government Code, the Director of Finance or his designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.
_____________________________
Director of Finance
SECTION 2: That claims and demands Nos.427178 through 427374 the sum of $3,091,457.76 set forth on the 14-page register attached to this resolution and made a part hereof have been audited as required by law and are hereby allowed as set forth.
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
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 10/09/2024 CITY OF BUENA PARK ACCTPA21 TIME: 14:03:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between '20241003 00:00:00.000' and '20241009 00:00:00.000' ACCOUNTING PERIOD: 4/25
FUND - 11 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME ACTIVITY -----DESCRIPTION------ SALES TAX AMOUNT 1011 426811 V 09/11/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 -655.24 1011 426811 V 09/11/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 -655.24 1011 426811 V 09/11/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 -7.22 1011 426811 V 09/11/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 -14.44 1011 426811 V 09/11/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 -30.99 1011 426811 V 09/11/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 -77.48 1011 426811 V 09/11/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 -110.69 1011 426811 V 09/11/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 -119.45 1011 426811 V 09/11/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 -137.24 1011 426811 V 09/11/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 -144.91 1011 426811 V 09/11/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 -165.96 1011 426811 V 09/11/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 -340.89 1011 426811 V 09/11/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 -545.69 TOTAL CHECK 0.00 -3,005.44 1011 427179 10/09/24 10002097 4 IMPRINT, INC. 11 ITEM#139760 - GROWABLE 44.37 566.87 1011 427179 10/09/24 10002097 4 IMPRINT, INC. 11 SET-UP CHARGE 0.00 50.00 1011 427179 10/09/24 10002097 4 IMPRINT, INC. 11 FREIGHT 0.00 24.04 TOTAL CHECK 44.37 640.91 1011 427180 10/09/24 10005077 JAVIER GOMEZ 731150 CFORMS/WEB APP/OCT24 0.00 400.00 1011 427181 10/09/24 10003794 A T & T 126143 9391026072 SEP-24 0.00 30.42 1011 427181 10/09/24 10003794 A T & T 170670 9391054290 SEP-24 0.00 30.43 1011 427181 10/09/24 10003794 A T & T 126143 9391026070 SEP-24 0.00 59.29 1011 427181 10/09/24 10003794 A T & T 170670 9391026049 SEP-24 0.00 214.84 1011 427181 10/09/24 10003794 A T & T 660241 9391026088 SEP-24 0.00 232.48 1011 427181 10/09/24 10003794 A T & T 170670 9391031458 SEP-24 0.00 311.10 TOTAL CHECK 0.00 878.56 1011 427182 10/09/24 10004528 A T & T 170670 149868998 SEPT-24 0.00 142.84 1011 427183 10/09/24 10004247 A T & T MOBILITY 126143 287345550627X09172024 0.00 324.72 1011 427184 10/09/24 10004247 A T & T MOBILITY 170670 287261541007X09172024 0.00 108.80 1011 427185 10/09/24 10004247 A T & T MOBILITY 731150 996095853X09172024 0.00 312.87 1011 427186 10/09/24 00005626 ABBA TERMITE & PESTCONTR 170670 PEST CONTROL/SEPT24 0.00 650.00 1011 427186 10/09/24 00005626 ABBA TERMITE & PESTCONTR 560640 BEEHIVE REMOVAL 0.00 195.00 1011 427186 10/09/24 00005626 ABBA TERMITE & PESTCONTR 860810 BEE REMOVAL 0.00 195.00 TOTAL CHECK 0.00 1,040.00 1011 427187 10/09/24 10013930 ADRENALINE SPORTS RESORT 12 REF/DEPOSIT 0.00 10,000.00 1011 427188 10/09/24 00005342 AGA ENGINEERS, INC. 590179 KNOTT/HOLDER/AUG-24 0.00 1,295.00 1011 427189 10/09/24 10012766 LAURA WELLER 275210 LIGHTING PARKING LOT 0.00 6,250.00 1011 427189 10/09/24 10012766 LAURA WELLER 275210 AUDIO ENGINEER (DAY RA 0.00 2,750.00 1011 427189 10/09/24 10012766 LAURA WELLER 275210 AUDIO VISUAL TECHNICIA 0.00 2,250.00 1011 427189 10/09/24 10012766 LAURA WELLER 275210 DELIVERY SET UP, STRIK 0.00 1,115.00 TOTAL CHECK 0.00 12,365.00 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 10/09/2024 CITY OF BUENA PARK ACCTPA21 TIME: 14:03:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between '20241003 00:00:00.000' and '20241009 00:00:00.000' ACCOUNTING PERIOD: 4/25
FUND - 11 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME ACTIVITY -----DESCRIPTION------ SALES TAX AMOUNT 1011 427190 10/09/24 10003198 ALL CITY MANAGEMENT SERV 550502 CROSS GUARD 9/1-14/24 0.00 10,237.34 1011 427191 10/09/24 10011896 VARGAS & RAMIREZ SPORTS 275150 #N3142 - ADULT PERFORM 8.11 112.76 1011 427191 10/09/24 10011896 VARGAS & RAMIREZ SPORTS 275150 ART FEE-LOGO CREATION 7.75 107.75 1011 427191 10/09/24 10011896 VARGAS & RAMIREZ SPORTS 275150 FREIGHT- PRICE INLCUDE 0.00 40.00 1011 427191 10/09/24 10011896 VARGAS & RAMIREZ SPORTS 275150 #N3142 - ADULT PERFORM 93.35 1,297.85 1011 427191 10/09/24 10011896 VARGAS & RAMIREZ SPORTS 275150 #N3142 - ADULT PERFORM 43.16 600.01 TOTAL CHECK 152.37 2,158.37 1011 427192 10/09/24 10007352 ALVAREZ-GLASMAN & COLVIN 110105 GEN LAW COSTS/JULY-24 0.00 2,127.73 1011 427192 10/09/24 10007352 ALVAREZ-GLASMAN & COLVIN 110105 GEN LAW MO RET/JULY24 0.00 22,500.00 TOTAL CHECK 0.00 24,627.73 1011 427193 10/09/24 00005384 ANDY GUMP, INC 860810 RESTROOM SERVICE 0.00 60.50 1011 427194 10/09/24 10005858 APEX UNIVERSAL, INC. 560231 SHORT PAID BALANCE 0.00 29.15 1011 427195 10/09/24 00009015 TAJEN GRAPHICS, INC 275205 POSTERS EXHIBITS 0.00 103.44 1011 427195 10/09/24 00009015 TAJEN GRAPHICS, INC 275105 WHITAKER PK SIGNS 0.00 225.20 1011 427195 10/09/24 00009015 TAJEN GRAPHICS, INC 275210 COPS N GOBLIN BANNER 0.00 905.10 TOTAL CHECK 0.00 1,233.74 1011 427196 10/09/24 10003008 ARC DOCUMENT SOLUTIONS, 731150 SCAN BLDG DIV/JULY-24 0.00 919.87 1011 427197 10/09/24 10013356 ASSOCIATED SOILS ENGINEE 590004 PAVE REHAB/AUG-24 0.00 13,580.00 1011 427198 10/09/24 00004756 B & K ELECTRIC WHOLESALE 170670 HARDWARE 0.00 29.28 1011 427198 10/09/24 00004756 B & K ELECTRIC WHOLESALE 170670 HARDWARE 0.00 33.05 TOTAL CHECK 0.00 62.33 1011 427199 10/09/24 10009401 BANNER BANK 24 RJ ESC.2287 #2 FINAL 0.00 51,402.26 1011 427200 10/09/24 00002163 BAVCO 352363 BACKFLOW TEST CAB 0.00 190.00 1011 427201 10/09/24 10013308 BEHAVIOR ANALYSIS TRAINI 650208 INVESTIGA 10/21-25/24 0.00 575.00 1011 427202 10/09/24 10007684 BEST LAWNMOWER, INC 560640 EDGER BLADE 0.00 67.03 1011 427203 10/09/24 10011115 BLANK ROME LLP 110105 BA HOTEL RESORT/AUG24 0.00 1,145.00 1011 427203 10/09/24 10011115 BLANK ROME LLP 110105 BUTTERFLY PAVIL/AUG24 0.00 4,695.00 TOTAL CHECK 0.00 5,840.00 1011 427204 10/09/24 10008825 BRAVO SIGN & DESIGN INC. 11 PMT#2 RET. 0.00 -450.00 1011 427204 10/09/24 10008825 BRAVO SIGN & DESIGN INC. 190065 MONUMENT SIGNS/SEP24 0.00 9,000.00 TOTAL CHECK 0.00 8,550.00 1011 427205 10/09/24 00000015 BUENA PARK LOCK & KEY SH 860810 KEYS 0.00 13.74 1011 427206 10/09/24 00000759 BUENA PARK PLAQUE & TROP 275210 RIBBONS CULTUREFEST 0.00 38.79 1011 427206 10/09/24 00000759 BUENA PARK PLAQUE & TROP 275210 COPS GOBLIN MEDALS 0.00 734.05 TOTAL CHECK 0.00 772.84 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 10/09/2024 CITY OF BUENA PARK ACCTPA21 TIME: 14:03:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between '20241003 00:00:00.000' and '20241009 00:00:00.000' ACCOUNTING PERIOD: 4/25
FUND - 11 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME ACTIVITY -----DESCRIPTION------ SALES TAX AMOUNT 1011 427207 10/09/24 10013921 BUTCHER, KEVIN 52 UB REFUND 0.00 196.75 1011 427208 10/09/24 10007791 MARIE CABALLERO 275150 SCOREKEEP 9/14-27/24 0.00 68.00 1011 427209 10/09/24 00000021 CALIF FORENSIC PHLEBOTOM 650402 BLOOD DRAWS SEP 24 0.00 1,369.98 1011 427210 10/09/24 10013928 CALIF.DEPARTMENT OF SOCI 650307 23-40784 RETURN FUNDS 0.00 9,550.00 1011 427211 10/09/24 10012193 JANE M. CAMERON 106132 CRIME WATCH/OCT-24 0.00 200.00 1011 427212 10/09/24 00000407 CAMERON WELDING SUPPLY I 171710 MONTHLY RENTAL 0.00 26.00 1011 427212 10/09/24 00000407 CAMERON WELDING SUPPLY I 171710 MONTHLY RENTAL 0.00 227.60 1011 427212 10/09/24 00000407 CAMERON WELDING SUPPLY I 352363 PROPANE 0.00 83.22 TOTAL CHECK 0.00 336.82 1011 427213 10/09/24 00004511 TOM CARNEY 650208 REIMB/WSATI CF-2024 0.00 335.83 1011 427214 10/09/24 10008346 JAMES NOWLIN 275210 CULTURE FEST SECURITY 0.00 385.00 1011 427215 10/09/24 10004469 CERRITOS DODGE CHRYSLER 171710 CREDIT MEMO 0.00 -131.40 1011 427215 10/09/24 10004469 CERRITOS DODGE CHRYSLER 171710 HOSE 0.00 8.98 1011 427215 10/09/24 10004469 CERRITOS DODGE CHRYSLER 171710 HEADLAMP 0.00 1,011.78 1011 427215 10/09/24 10004469 CERRITOS DODGE CHRYSLER 171710 RESERVOIR 0.00 139.28 1011 427215 10/09/24 10004469 CERRITOS DODGE CHRYSLER 171710 RADIATOR HOSE 0.00 75.42 TOTAL CHECK 0.00 1,104.06 1011 427216 10/09/24 00000337 CERTIFIED FOLDER DISPLAY 995100 AUG-24 TRVL GUIDE 0.00 250.24 1011 427217 10/09/24 10012931 CHARTER COMMUNICATIONS 170670 188676301 OCT-24 0.00 316.56 1011 427218 10/09/24 10012931 CHARTER COMMUNICATIONS 170670 188676701 OCT-24 0.00 116.89 1011 427219 10/09/24 10012931 CHARTER COMMUNICATIONS 170670 188676901 OCT-24 0.00 199.99 1011 427220 10/09/24 10013748 YONG CHOI 275120 TAE TWON DO/FALL-24 0.00 25.27 1011 427221 10/09/24 10013931 ANDREW CHRISTIANSEN 71 COMPUTER LOAN 0.00 3,500.00 1011 427222 10/09/24 10013939 CT HOLDINGS, INC. 995100 SEPTEMBER-24 ADS 0.00 5,053.62 1011 427223 10/09/24 00010209 COLLICUTT ENERGY SERVICE 170670 GENERATOR REPAIR 0.00 2,152.09 1011 427223 10/09/24 00010209 COLLICUTT ENERGY SERVICE 170670 GENERATOR MAINT 0.00 575.54 1011 427223 10/09/24 00010209 COLLICUTT ENERGY SERVICE 170670 GENERATOR MAINT 0.00 575.54 1011 427223 10/09/24 00010209 COLLICUTT ENERGY SERVICE 170670 GENERATOR MAINT 0.00 575.54 1011 427223 10/09/24 00010209 COLLICUTT ENERGY SERVICE 170670 GENERATOR MAINT 0.00 575.54 1011 427223 10/09/24 00010209 COLLICUTT ENERGY SERVICE 170670 GENERATOR MAINT 0.00 575.54 1011 427223 10/09/24 00010209 COLLICUTT ENERGY SERVICE 170670 GENERATOR MAINT 0.00 575.54 TOTAL CHECK 0.00 5,605.33 1011 427224 10/09/24 10012367 CONTEMPORARY SERVICES CO 106119 GUARD SVCS. 10/18/24 0.00 2,968.57 1011 427224 10/09/24 10012367 CONTEMPORARY SERVICES CO 106119 GUARD SVCS, 10/19/24 0.00 5,718.94 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 10/09/2024 CITY OF BUENA PARK ACCTPA21 TIME: 14:03:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between '20241003 00:00:00.000' and '20241009 00:00:00.000' ACCOUNTING PERIOD: 4/25
FUND - 11 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME ACTIVITY -----DESCRIPTION------ SALES TAX AMOUNT 1011 427224 10/09/24 10012367 CONTEMPORARY SERVICES CO 106119 GUARD SVCS, 10/20/24 0.00 5,564.62 1011 427224 10/09/24 10012367 CONTEMPORARY SERVICES CO 106119 MISC. EQUIPMENT 0.00 2,760.00 TOTAL CHECK 0.00 17,012.13 1011 427225 10/09/24 10002815 SARA COPPING 106117 MLG JUN,JUL,AUG,SEP24 0.00 73.43 1011 427226 10/09/24 00007338 CORE AND MAIN, LP 452410 SEWER REPAIR BELLIS 0.00 817.79 1011 427226 10/09/24 00007338 CORE AND MAIN, LP 452410 BELLIS SEWER REPAIR 0.00 765.03 TOTAL CHECK 0.00 1,582.82 1011 427227 10/09/24 10002389 COUNTY OF ORANGE TREASUR 352567 NPDES WATER QUALITY 0.00 1,463.03 1011 427228 10/09/24 10002389 COUNTY OF ORANGE TREASUR 550502 SUR CHG CITES/AUG-24 0.00 9,614.00 1011 427229 10/09/24 10002389 COUNTY OF ORANGE TREASUR 650302 OCATS ROUTER/SEPT-24 0.00 1,129.32 1011 427230 10/09/24 10002389 COUNTY OF ORANGE TREASUR 650308 AFIS BILL/SEPT-24 0.00 2,497.00 1011 427231 10/09/24 10002389 COUNTY OF ORANGE TREASUR 650404 MO. TECH CHG/JULY-24 0.00 76.66 1011 427232 10/09/24 10011541 L.N. CURTIS AND SONS 650208 UNIFORMS 0.00 175.68 1011 427232 10/09/24 10011541 L.N. CURTIS AND SONS 650208 UNIFORMS 0.00 160.23 1011 427232 10/09/24 10011541 L.N. CURTIS AND SONS 650208 UNIFORMS 0.00 208.29 1011 427232 10/09/24 10011541 L.N. CURTIS AND SONS 650208 UNIFORMS 0.00 41.24 1011 427232 10/09/24 10011541 L.N. CURTIS AND SONS 650208 UNIFORMS 0.00 67.57 1011 427232 10/09/24 10011541 L.N. CURTIS AND SONS 650208 UNIFORMS 0.00 67.57 1011 427232 10/09/24 10011541 L.N. CURTIS AND SONS 650208 UNIFORMS 0.00 87.74 1011 427232 10/09/24 10011541 L.N. CURTIS AND SONS 650208 UNIFORMS 0.00 87.74 1011 427232 10/09/24 10011541 L.N. CURTIS AND SONS 650208 UNIFORMS 0.00 97.68 1011 427232 10/09/24 10011541 L.N. CURTIS AND SONS 651612 UNIFORMS 0.00 467.38 TOTAL CHECK 0.00 1,461.12 1011 427233 10/09/24 00005287 CALIFORNIA WATER ENVIRON 452410 #429491 J.VENEGAS 0.00 111.00 1011 427234 10/09/24 00002728 DANIELS TIRE SERVICE 171710 TIRES 0.00 584.54 1011 427234 10/09/24 00002728 DANIELS TIRE SERVICE 171710 TIRES 0.00 702.16 TOTAL CHECK 0.00 1,286.70 1011 427235 10/09/24 10008395 DEVELOPMENT COUNSELLORS 995100 MO.RETAINER/SEPT-24 0.00 2,880.81 1011 427236 10/09/24 10004025 DEKRA-LITE, INC. 632110 LEASE FOR INSTALLATION 0.00 39,750.60 1011 427236 10/09/24 10004025 DEKRA-LITE, INC. 632110 YEAR 1 OF 5 YEAR LEASE 0.00 23,473.34 TOTAL CHECK 0.00 63,223.94 1011 427237 10/09/24 00000492 DEPARTMENT OF JUSTICE 121110 FINGERPRINT/AUG-24 0.00 226.00 1011 427238 10/09/24 00000492 DEPARTMENT OF JUSTICE 650302 FINGERPRINT/AUG-24 0.00 377.00 1011 427238 10/09/24 00000492 DEPARTMENT OF JUSTICE 11 FINGERPRINT/AUG-24 0.00 2,089.00 TOTAL CHECK 0.00 2,466.00 1011 427239 10/09/24 10004949 DIVISION OF THE STATE AR 11 QT3 2024 AB1379 0.00 454.80 SUNGARD PUBLIC SECTOR PAGE NUMBER: 5 DATE: 10/09/2024 CITY OF BUENA PARK ACCTPA21 TIME: 14:03:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between '20241003 00:00:00.000' and '20241009 00:00:00.000' ACCOUNTING PERIOD: 4/25
FUND - 11 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME ACTIVITY -----DESCRIPTION------ SALES TAX AMOUNT 1011 427240 10/09/24 10013942 DOLLFACE ENTERTAINMENT, 11 VET LUNCH 11/06/24 0.00 925.00 1011 427241 10/09/24 10013898 DOUGLAS INDUSTRIES 275150 #36530H - HOLLYWOOD I 0.00 389.00 1011 427241 10/09/24 10013898 DOUGLAS INDUSTRIES 275150 FREIGHT 0.00 102.00 TOTAL CHECK 0.00 491.00 1011 427242 10/09/24 10000001 CITY OF DOWNEY 160108 FY24-25 ANIMAL CONTRL 0.00 332,715.50 1011 427243 10/09/24 00009627 EMCOR SERVICE MESA ENERG 106131 HVAC REPAIR 0.00 3,570.00 1011 427243 10/09/24 00009627 EMCOR SERVICE MESA ENERG 170670 HVAC REPAIR 0.00 5,711.58 1011 427243 10/09/24 00009627 EMCOR SERVICE MESA ENERG 170670 HVAC REPAIR 0.00 1,587.96 TOTAL CHECK 0.00 10,869.54 1011 427244 10/09/24 10004665 EMERGENCY LIGHTING EQUIP 170670 LIGHTING MAINT 0.00 1,500.00 1011 427245 10/09/24 00000323 ENNIS-FLINT INC 560231 #884119- TM WHT ALKD C 129.82 1,804.82 1011 427246 10/09/24 00000039 ENTENMANN ROVIN COMPANY 650208 BADGE REFURBISH 0.00 159.85 1011 427246 10/09/24 00000039 ENTENMANN ROVIN COMPANY 650208 SERGEANT BADGES 0.00 553.67 TOTAL CHECK 0.00 713.52 1011 427247 10/09/24 00000797 MARIA ESQUETINI 650208 REIMB TUIT/WOMEN'S CF 0.00 40.00 1011 427248 10/09/24 10004626 EXPEDIA, INC. 995100 Q4 2024 CO-OP 0.00 25,000.00 1011 427249 10/09/24 00000739 ELLIOTT AUTO SUPPLY COMP 171710 RELAY 0.00 59.84 1011 427249 10/09/24 00000739 ELLIOTT AUTO SUPPLY COMP 171710 FILTERS 0.00 240.21 1011 427249 10/09/24 00000739 ELLIOTT AUTO SUPPLY COMP 171710 FUEL PUMP 0.00 252.14 1011 427249 10/09/24 00000739 ELLIOTT AUTO SUPPLY COMP 171710 PURGE VALVE 0.00 57.54 TOTAL CHECK 0.00 609.73 1011 427250 10/09/24 00000320 FEDERAL EXPRESS CORPORAT 732031 TRANS CHG 9/12/24 0.00 53.31 1011 427251 10/09/24 10007059 FIVESTAR RUBBER STAMP ET 275305 BADGE 0.00 16.01 1011 427251 10/09/24 10007059 FIVESTAR RUBBER STAMP ET 105105 BADGES 0.00 24.52 1011 427251 10/09/24 10007059 FIVESTAR RUBBER STAMP ET 121110 BADGE 0.00 18.01 TOTAL CHECK 0.00 58.54 1011 427252 10/09/24 10013929 SUSANA FONSECA 275135 RF/P-NUT BB CANCELLED 0.00 40.00 1011 427253 10/09/24 10003190 FOOD 4 LESS 275605 SUPPLIES FOR WINGS 0.00 151.55 1011 427253 10/09/24 10003190 FOOD 4 LESS 275210 SNACKS GREEN ROOM 0.00 84.92 TOTAL CHECK 0.00 236.47 1011 427254 10/09/24 00001095 FRANCHISE TAX BOARD 73 DED:0071 MISC 0.00 100.00 1011 427255 10/09/24 10002147 FUJITEC AMERICA, INC. 170670 ELEVATOR MAINT 0.00 464.58 1011 427256 10/09/24 00000046 FULLER ENGINEERING INC 352363 CL2 BOISSERANC WELL 0.00 872.78 1011 427257 10/09/24 00006581 FURLONG & FURLONG ASSOC 275125 #BP-034 - 8.5X11.3-PT 17.74 246.59 1011 427257 10/09/24 00006581 FURLONG & FURLONG ASSOC 275125 FREIGHT - PLACE HOLDER 0.00 25.00 SUNGARD PUBLIC SECTOR PAGE NUMBER: 6 DATE: 10/09/2024 CITY OF BUENA PARK ACCTPA21 TIME: 14:03:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between '20241003 00:00:00.000' and '20241009 00:00:00.000' ACCOUNTING PERIOD: 4/25
FUND - 11 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME ACTIVITY -----DESCRIPTION------ SALES TAX AMOUNT TOTAL CHECK 17.74 271.59 1011 427258 10/09/24 10001849 SAN FERNANDO VALLEY ALAR 170670 ALARM MONITORING 0.00 147.00 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 632110 MAINT SUPPLIES 0.00 10.76 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 452410 HARDWARE 0.00 4.14 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 275150 ZIP TIES 0.00 27.99 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 352363 TRUCK STOCK 0.00 6.99 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 170670 PLUMBING PD 0.00 190.09 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 352363 TRUCK STOCK 0.00 38.09 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 860815 GRAFFITI 0.00 40.56 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 860810 SUPPLIES 0.00 97.77 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 170670 PAINT 0.00 41.72 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 170670 HARDWARE 0.00 46.79 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 275210 ZIP TIES 0.00 15.07 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 860810 SUPPLIES 0.00 57.88 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 860810 SUPPLIES 0.00 105.54 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 275135 SOCCER SUPPLIES 0.00 116.24 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 352363 LUMBER 0.00 16.24 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 860810 SUPPLIES 0.00 140.98 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 275210 CULTUREFEST SUPPLIES 0.00 57.93 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 632110 MAINT SUPPLIES 0.00 32.20 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 275135 SOCCER SUPPLIES 0.00 96.87 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 170670 HARDWARE 0.00 61.98 1011 427259 10/09/24 00002166 GANAHL LUMBER CORP 275160 TAPE PICKLEBALL 0.00 92.56 TOTAL CHECK 0.00 1,298.39 1011 427260 10/09/24 10011838 GEORGE HILLS COMPANY, IN 107420 FT FEE/MMSEA MT FEE 0.00 6,806.25 1011 427261 10/09/24 10008749 GOOGLE INC. 995100 GOOGLE ADS SEPT-24 0.00 28,808.10 1011 427262 10/09/24 10009816 GOVERNMENT TRAINING AGEN 650302 REC.CLK.CLS 11/18-22 0.00 625.00 1011 427263 10/09/24 10006406 GRAFIX SYSTEMS 171710 DECALS 0.00 366.24 1011 427264 10/09/24 00000055 GRAINGER INC 106131 SHOWER PARTS 0.00 1,131.38 1011 427264 10/09/24 00000055 GRAINGER INC 170670 HARDWARE 0.00 182.95 TOTAL CHECK 0.00 1,314.33 1011 427265 10/09/24 00005680 CINDY GRISWOLD 275405 CPR/1ST AID/FALL-24 0.00 73.15 1011 427266 10/09/24 00002647 HAAKER EQUIPMENT CO CORP 171710 CAMERA REPAIR 0.00 714.26 1011 427267 10/09/24 10012288 HASA INC. 860820 CHEMICALS 0.00 1,035.36 1011 427267 10/09/24 10012288 HASA INC. 860820 CHEMICALS 0.00 688.37 1011 427267 10/09/24 10012288 HASA INC. 860820 CHEMICALS 0.00 1,646.95 TOTAL CHECK 0.00 3,370.68 1011 427268 10/09/24 00002854 VERONICA HOCHEDE 275305 BALLROOM DNC/SEP24 0.00 520.12 1011 427269 10/09/24 00000057 HOME DEPOT / GECF 352363 RESERVOIR REPAIR 0.00 184.24 1011 427269 10/09/24 00000057 HOME DEPOT / GECF 352363 TRUCK STOCK 0.00 289.21 SUNGARD PUBLIC SECTOR PAGE NUMBER: 7 DATE: 10/09/2024 CITY OF BUENA PARK ACCTPA21 TIME: 14:03:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between '20241003 00:00:00.000' and '20241009 00:00:00.000' ACCOUNTING PERIOD: 4/25
FUND - 11 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME ACTIVITY -----DESCRIPTION------ SALES TAX AMOUNT 1011 427269 10/09/24 00000057 HOME DEPOT / GECF 352363 TRUCK STOCK 0.00 66.98 1011 427269 10/09/24 00000057 HOME DEPOT / GECF 860810 SUPPLIES 0.00 103.31 1011 427269 10/09/24 00000057 HOME DEPOT / GECF 860810 SUPPLIES 0.00 259.07 1011 427269 10/09/24 00000057 HOME DEPOT / GECF 560640 EAR MUFF 0.00 36.40 1011 427269 10/09/24 00000057 HOME DEPOT / GECF 170670 HARDWARE 0.00 117.20 1011 427269 10/09/24 00000057 HOME DEPOT / GECF 860810 SUPPLIES 0.00 96.85 1011 427269 10/09/24 00000057 HOME DEPOT / GECF 860810 SUPPLIES 0.00 163.45 1011 427269 10/09/24 00000057 HOME DEPOT / GECF 275210 CULTUREFEST SUPPLIES 0.00 28.96 1011 427269 10/09/24 00000057 HOME DEPOT / GECF 560640 CONCRETE 0.00 9.22 TOTAL CHECK 0.00 1,354.89 1011 427270 10/09/24 00008482 HOUSING PROGRAMS 126128 HIP202423 MC WILLIAMS 0.00 600.00 1011 427270 10/09/24 00008482 HOUSING PROGRAMS 126128 HIP202425 ROBLES 0.00 600.00 1011 427270 10/09/24 00008482 HOUSING PROGRAMS 126128 HIP202411 BALDREE 0.00 1,000.00 TOTAL CHECK 0.00 2,200.00 1011 427271 10/09/24 10009091 HUE C LUU 731150 ENG SERVICE/OCT-24 0.00 7,150.00 1011 427272 10/09/24 10012742 INFOSEND, INC 352267 POSTAGE/SEP24 0.00 6,620.61 1011 427272 10/09/24 10012742 INFOSEND, INC 352267 SVCS & MATERIAL/SEP24 0.00 1,743.29 TOTAL CHECK 0.00 8,363.90 1011 427273 10/09/24 00010018 JOSEPH M JACKSON 275120 STICK MOVE/SUMMER-24 0.00 363.09 1011 427273 10/09/24 00010018 JOSEPH M JACKSON 275405 STICK MOVE/SUMMER-24 0.00 226.10 TOTAL CHECK 0.00 589.19 1011 427274 10/09/24 00009561 TRADITIONAL AUTO SUPPLY 171710 FILTERS 0.00 197.68 1011 427274 10/09/24 00009561 TRADITIONAL AUTO SUPPLY 171710 BATTERIES 0.00 513.79 1011 427274 10/09/24 00009561 TRADITIONAL AUTO SUPPLY 171710 CREDIT MEMO 0.00 -16.92 TOTAL CHECK 0.00 694.55 1011 427275 10/09/24 10012884 JBA CONSULTING DBA NV5 C 170670 IGAA SUPPORT/AUG-24 0.00 9,479.50 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 807.20 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 7.22 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 14.44 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 30.99 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 77.48 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 110.69 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 119.45 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 137.24 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 144.91 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 165.96 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 340.89 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 545.69 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 655.24 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 655.24 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 72.74 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 91.49 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 49.14 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 481.73 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 246.75 SUNGARD PUBLIC SECTOR PAGE NUMBER: 8 DATE: 10/09/2024 CITY OF BUENA PARK ACCTPA21 TIME: 14:03:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between '20241003 00:00:00.000' and '20241009 00:00:00.000' ACCOUNTING PERIOD: 4/25
FUND - 11 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME ACTIVITY -----DESCRIPTION------ SALES TAX AMOUNT 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 910.62 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 63.72 1011 427277 10/09/24 10005932 JHM SUPPLY 860810 IRRIGATION 0.00 86.62 TOTAL CHECK 0.00 5,815.45 1011 427278 10/09/24 00004440 JMG SECURITY SYSTEMS INC 170670 ALARM MONITORING 0.00 420.00 1011 427278 10/09/24 00004440 JMG SECURITY SYSTEMS INC 170670 ALARM MONITORING 0.00 654.30 TOTAL CHECK 0.00 1,074.30 1011 427279 10/09/24 00000042 JOHN B EWLES INC 560210 BOBTAIL DUMP 0.00 300.00 1011 427280 10/09/24 10002722 JOHNSON CONTROLS SECURIT 170670 ALARM MONITORING 0.00 517.99 1011 427281 10/09/24 10013050 JOLLY JUMPS 275210 2/2 FINAL ROCK WALL 0.00 997.50 1011 427282 10/09/24 00000054 TED JONES FORD INC. 171710 CAT CONVERTER 0.00 1,310.36 1011 427282 10/09/24 00000054 TED JONES FORD INC. 171710 KNOB 0.00 18.96 1011 427282 10/09/24 00000054 TED JONES FORD INC. 171710 FUEL PUMP 0.00 46.60 1011 427282 10/09/24 00000054 TED JONES FORD INC. 171710 SEAT COVERS 0.00 282.58 1011 427282 10/09/24 00000054 TED JONES FORD INC. 171710 STEERING WHEEL 0.00 1,705.96 TOTAL CHECK 0.00 3,364.46 1011 427283 10/09/24 00002768 KENNEDY EQUIPMENT 352363 JACK HAMMER REPAIR 0.00 190.00 1011 427284 10/09/24 10003543 MOLLY H. KNOX 275305 EXERCISE/SEPT-24 0.00 135.00 1011 427285 10/09/24 10013478 SOALIHA LAKHANI 11 RF/DEPOSIT#R7681 0.00 500.00 1011 427286 10/09/24 10013890 LITANIA SPORTS GROUP, IN 275160 #2295 - UNIVERSAL VOLL 86.34 1,200.34 1011 427286 10/09/24 10013890 LITANIA SPORTS GROUP, IN 275160 FREIGHT 0.00 40.00 TOTAL CHECK 86.34 1,240.34 1011 427287 10/09/24 10006131 WALT CHOY 121110 HEALTH FAIR FINAL 0.00 2,550.00 1011 427288 10/09/24 10009795 RCA INVESTMENTS INC 171710 2024 BMW R 1250 RT-P 7 0.00 38,760.94 1011 427289 10/09/24 10012952 LOOPNET 632110 LOOPNET OCT-24 0.00 111.96 1011 427290 10/09/24 00000077 LU'S LIGHTHOUSE INC 171710 WIPER BLADES 0.00 64.12 1011 427290 10/09/24 00000077 LU'S LIGHTHOUSE INC 171710 MINI FUSE 0.00 30.74 TOTAL CHECK 0.00 94.86 1011 427291 10/09/24 00002066 M.J. ELLS GENERAL CONTRA 106131 REPAIRS NAVIGATION CT 0.00 10,800.00 1011 427292 10/09/24 10011954 MARK THOMAS & COMPANY 160105 BEL AIR GRANT/AUG-24 0.00 15,143.94 1011 427293 10/09/24 00003560 R AND I HOLDINGS, INC 171710 DUST CAP 0.00 28.91 1011 427294 10/09/24 10005515 KATHLEEN MASTIN 275305 LINE DANCE/SEPT-24 0.00 112.76 1011 427295 10/09/24 10012134 CASEY MCDANIEL 275150 SCOREKEEP 9/14-27/24 0.00 68.00 SUNGARD PUBLIC SECTOR PAGE NUMBER: 9 DATE: 10/09/2024 CITY OF BUENA PARK ACCTPA21 TIME: 14:03:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between '20241003 00:00:00.000' and '20241009 00:00:00.000' ACCOUNTING PERIOD: 4/25
FUND - 11 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME ACTIVITY -----DESCRIPTION------ SALES TAX AMOUNT 1011 427296 10/09/24 00010740 CHRISTINA MENDIVEL 650302 REIMB T4T CF11/6-7/24 0.00 300.00 1011 427297 10/09/24 10005279 MERCHANTS LANDSCAPE SERV 632110 WEED ABATEMENT 0.00 5,425.00 1011 427298 10/09/24 10009226 MERCY HOUSE LIVING CENTE 106131 NAV.SHELTER SVC/OCT24 0.00 304,122.40 1011 427299 10/09/24 10012829 MILITARY GUIDES 995100 2 PAGE SPREAD 0.00 4,980.00 1011 427300 10/09/24 10011810 MILLER MENDEL, INC. 650105 PRODUCTION/ARCHIVE 0.00 12.10 1011 427300 10/09/24 10011810 MILLER MENDEL, INC. 650105 PRODUCTION/ARCHIVE 0.00 78.08 1011 427300 10/09/24 10011810 MILLER MENDEL, INC. 650105 PRODUCTION/ARCHIVE 0.00 135.00 TOTAL CHECK 0.00 225.18 1011 427301 10/09/24 10013264 MOBILE FLEET WASH, CORP 171710 CAR WASHES 0.00 1,160.00 1011 427301 10/09/24 10013264 MOBILE FLEET WASH, CORP 171710 CAR WASHES 0.00 1,100.00 TOTAL CHECK 0.00 2,260.00 1011 427302 10/09/24 00009876 MUNICIPAL WATER DIST OF 396848 EFFIC PROG/AUG-24 0.00 867.20 1011 427303 10/09/24 10009583 MUSEUM OF TEACHING AND L 101101 AMAZING BRAIN/SEP-24 0.00 3,000.00 1011 427304 10/09/24 10002257 MYCO CONSTRUCTION INC. 126128 HIP202417 JAEDICKE 0.00 16,182.00 1011 427305 10/09/24 00000987 NATIONAL CONSTRUCTION RE 106131 RESTROOM RENTALS 0.00 590.00 1011 427306 10/09/24 10008321 NORTH JUSTICE CENTER 11 BAIL REC# BP01950 0.00 2,500.00 1011 427307 10/09/24 10005163 OCEAN BREEZE PACIFIC, LL 275405 BPCC LINEN 0.00 160.27 1011 427308 10/09/24 10007787 HBV ENTERPRISES, INC. 171710 BRAKE ROTORS 0.00 261.14 1011 427308 10/09/24 10007787 HBV ENTERPRISES, INC. 171710 BRAKE PADS 0.00 68.19 TOTAL CHECK 0.00 329.33 1011 427309 10/09/24 00007482 ORANGE COUNTY SANITATION 352567 ACCT 328102 Q4 23-24 0.00 509.13 1011 427310 10/09/24 00000222 EDCO/PARK DISPOSAL CORP. 171710 CNG FUEL 0.00 317.00 1011 427311 10/09/24 00000222 EDCO/PARK DISPOSAL CORP. 460220 RES BILLING/SEPT-24 0.00 386,522.40 1011 427312 10/09/24 10013858 PARTY PRO RENTAL CENTER, 275210 TENT/COP,GOB 10/31/24 0.00 3,809.00 1011 427313 10/09/24 00005145 PETTY CASH/COMMUNITY SER 275210 CULTURFEST/M.VANSICKL 0.00 45.24 1011 427313 10/09/24 00005145 PETTY CASH/COMMUNITY SER 275210 EVT DECOR/M.VANSICKLE 0.00 47.34 1011 427313 10/09/24 00005145 PETTY CASH/COMMUNITY SER 275145 2025 CALENDAR/KURATA 0.00 16.41 1011 427313 10/09/24 00005145 PETTY CASH/COMMUNITY SER 275210 CULTURFEST/M.VANSICKL 0.00 25.84 1011 427313 10/09/24 00005145 PETTY CASH/COMMUNITY SER 275145 MLG AUG-24/M.CISNEROS 0.00 12.73 1011 427313 10/09/24 00005145 PETTY CASH/COMMUNITY SER 275210 EVT.DECOR/M.VANSICKLE 0.00 16.15 TOTAL CHECK 0.00 163.71 1011 427314 10/09/24 00007516 PHOENIX GROUP INFORMATIO 631140 ADM,CIT.PROCESS/AUG24 0.00 305.84 1011 427314 10/09/24 00007516 PHOENIX GROUP INFORMATIO 631140 ADM.CIT.PROCESS/AUG24 0.00 793.10 1011 427314 10/09/24 00007516 PHOENIX GROUP INFORMATIO 550502 PK CIT PROC/AUG-24 0.00 10.80 SUNGARD PUBLIC SECTOR PAGE NUMBER: 10 DATE: 10/09/2024 CITY OF BUENA PARK ACCTPA21 TIME: 14:03:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between '20241003 00:00:00.000' and '20241009 00:00:00.000' ACCOUNTING PERIOD: 4/25
FUND - 11 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME ACTIVITY -----DESCRIPTION------ SALES TAX AMOUNT 1011 427314 10/09/24 00007516 PHOENIX GROUP INFORMATIO 550502 PK CIT PROC/AUG-24 0.00 3,485.90 TOTAL CHECK 0.00 4,595.64 1011 427315 10/09/24 00008488 THE PRINTERY, INC. 632110 VOTING INFO MAILER 0.00 6,665.20 1011 427316 10/09/24 10007687 PREFERRED AERIAL & CRANE 171710 AERIAL INSPECTIONS 0.00 650.00 1011 427317 10/09/24 10008910 PREMIER CHRYSLER DODGE J 171710 CREDIT MEMO 0.00 -75.00 1011 427317 10/09/24 10008910 PREMIER CHRYSLER DODGE J 171710 GEAR RACK 0.00 2,839.00 TOTAL CHECK 0.00 2,764.00 1011 427318 10/09/24 10002129 PUBLIC RISK INNOVATION S 121110 EMP ASSIST OCT-DEC24 0.00 5,436.00 1011 427319 10/09/24 10013775 PROFESSIONAL AUDIO VIDEO 106132 AUDIO UPGRADE/AUG-24 0.00 12,276.93 1011 427319 10/09/24 10013775 PROFESSIONAL AUDIO VIDEO 106132 AUDIO UPGRADE/AUG-24 0.00 1,703.07 TOTAL CHECK 0.00 13,980.00 1011 427320 10/09/24 10013923 WILLIAM D. QUISTO 275120 TENNIS CAMP/SUMMER24 0.00 28.60 1011 427321 10/09/24 00000095 R J NOBLE CO, INC. 24 PMT#2 RET. FINAL 0.00 -51,402.26 1011 427321 10/09/24 00000095 R J NOBLE CO, INC. 590004 ANN PAVE FINAL/AUG-24 0.00 1,028,045.14 TOTAL CHECK 0.00 976,642.88 1011 427322 10/09/24 10001203 R.V. NURSERY INC 560211 PLANTS 0.00 48.49 1011 427322 10/09/24 10001203 R.V. NURSERY INC 860810 PLANTS 0.00 2,578.46 1011 427322 10/09/24 10001203 R.V. NURSERY INC 560641 PLANTS 0.00 96.98 TOTAL CHECK 0.00 2,723.93 1011 427323 10/09/24 10008303 R.W.B. PARTY PROPS, INC. 275210 PROP/COP,GOB 10/31/24 0.00 1,838.22 1011 427324 10/09/24 10000972 REFRIGERATION SUPPLIES D 170670 HARDWARE 0.00 82.52 1011 427324 10/09/24 10000972 REFRIGERATION SUPPLIES D 170670 HARDWARE 0.00 46.45 1011 427324 10/09/24 10000972 REFRIGERATION SUPPLIES D 170670 HARDWARE 0.00 27.11 1011 427324 10/09/24 10000972 REFRIGERATION SUPPLIES D 170670 HARDWARE 0.00 38.66 TOTAL CHECK 0.00 194.74 1011 427325 10/09/24 10008403 P & D INDUSTRIES LLC 171710 BED LINER 0.00 689.86 1011 427326 10/09/24 10013940 MIGUEL RIVERA 11 REF DEPOSIT #R10175 0.00 500.00 1011 427327 10/09/24 10001125 ROADLINE PRODUCTS INC 560231 SHIPPING 0.00 25.00 1011 427327 10/09/24 10001125 ROADLINE PRODUCTS INC 560231 APEX TWO WAY YELLOW RP 134.27 1,866.77 TOTAL CHECK 134.27 1,891.77 1011 427328 10/09/24 00008205 JUAN SANCHEZ 352363 REIMB/HAZWOPPER 0.00 83.55 1011 427329 10/09/24 00000412 SOUTHERN COUNTIES OIL CO 171710 UNLEADED FUEL PD 0.00 21,752.50 1011 427330 10/09/24 10013920 SEGURA FAMILY TRUST 52 UB REFUND 0.00 333.66 1011 427331 10/09/24 10011504 SHOETERIA, INC. 560210 SAFETY SHOES 0.00 210.35 1011 427331 10/09/24 10011504 SHOETERIA, INC. 560640 SAFETY SHOES 0.00 250.00 SUNGARD PUBLIC SECTOR PAGE NUMBER: 11 DATE: 10/09/2024 CITY OF BUENA PARK ACCTPA21 TIME: 14:03:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between '20241003 00:00:00.000' and '20241009 00:00:00.000' ACCOUNTING PERIOD: 4/25
FUND - 11 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME ACTIVITY -----DESCRIPTION------ SALES TAX AMOUNT 1011 427331 10/09/24 10011504 SHOETERIA, INC. 860810 SAFETY SHOES 0.00 250.00 1011 427331 10/09/24 10011504 SHOETERIA, INC. 560210 SAFETY SHOES 0.00 174.38 1011 427331 10/09/24 10011504 SHOETERIA, INC. 560210 SAFETY SHOES 0.00 250.00 1011 427331 10/09/24 10011504 SHOETERIA, INC. 860810 SAFETY SHOES 0.00 250.00 TOTAL CHECK 0.00 1,384.73 1011 427332 10/09/24 10013925 SINGH, RANJEET 52 UB REFUND 0.00 55.52 1011 427333 10/09/24 10005420 HADRONEX, INC. 352567 #PP-5C POWERPACK 5 C 164.69 2,289.69 1011 427333 10/09/24 10005420 HADRONEX, INC. 352567 SHIPPING 0.00 27.00 1011 427333 10/09/24 10005420 HADRONEX, INC. 452410 ANNUAL WARRANTY RENEWA 0.00 6,688.00 1011 427333 10/09/24 10005420 HADRONEX, INC. 452410 EW-SC1R RENEWAL SMART 0.00 7,584.00 TOTAL CHECK 164.69 16,588.69 1011 427334 10/09/24 10005948 JIMMY SMITH 275305 ROUND DNC/SEPT-24 0.00 334.50 1011 427335 10/09/24 10004676 SONSRAY MACHINERY LLC 171710 VALVE 0.00 121.59 1011 427336 10/09/24 00000607 SOUTH COAST AQMD 352363 FAC ID 78989 0.00 165.96 1011 427336 10/09/24 00000607 SOUTH COAST AQMD 352363 FAC ID 78990 0.00 165.96 1011 427336 10/09/24 00000607 SOUTH COAST AQMD 352363 FAC ID 78989 0.00 541.04 1011 427336 10/09/24 00000607 SOUTH COAST AQMD 352363 FAC ID 78990 0.00 541.04 TOTAL CHECK 0.00 1,414.00 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 352510 8242 LINDEN CIR/SEP24 0.00 35,429.24 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 7851 LA PALMA/SEPT-24 0.00 5.83 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 860810 7530 WESTERN/SEPT-24 0.00 15.30 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 7672 BEACH/SEPT-24 0.00 21.43 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 170670 7733 BEACH/SEPT-24 0.00 23.86 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 560230 7711 LA PALMA/SEPT-24 0.00 31.09 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 860810 7623 BEACH/SEPT-24 0.00 35.91 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 560230 8491 DALE/SEPT-24 0.00 94.06 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 860810 7860 BEACH/SEPT-24 0.00 153.75 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 560230 5600 MALVERN/SEPT-24 0.00 1,117.92 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 170670 8001 VAL.VW/SEPT-24 0.00 44,199.46 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 860810 4701 BEACH/SEPT-24 0.00 16.24 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 MNCHEST/ARTES/SEPT-24 0.00 29.70 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 BEACH/MALVERN/SEPT-24 0.00 33.82 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 560230 5600 MALVERN/SEPT-24 0.00 33.82 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 BEACH/COMNWLTH/SEP24 0.00 33.82 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 8252 OR'THORP/SEPT-24 0.00 33.82 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 860810 6401 LINCOLN/SEPT-24 0.00 37.20 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 STANTON/MAPLE/SEPT24 0.00 39.52 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 560230 8221 DALE/SEPT-24 0.00 39.52 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 560230 7341 ARTESIA/SEPT-24 0.00 39.52 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 9TH/WESTERN/SEPT-24 0.00 39.52 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 6248 CRESCENT/SEPT-24 0.00 42.77 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 CRESCNT/SANREMO/SEP24 0.00 42.77 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 RT91 FY EO KNOT/SEP24 0.00 43.98 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 560230 6655 MANCHESTER/SEP24 0.00 44.19 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 560230 BEACH/DURANGO/SEP-24 0.00 45.17 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 560230 7550 STANTON/SEPT-24 0.00 47.63 SUNGARD PUBLIC SECTOR PAGE NUMBER: 12 DATE: 10/09/2024 CITY OF BUENA PARK ACCTPA21 TIME: 14:03:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between '20241003 00:00:00.000' and '20241009 00:00:00.000' ACCOUNTING PERIOD: 4/25
FUND - 11 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME ACTIVITY -----DESCRIPTION------ SALES TAX AMOUNT 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 BEACH/9TH/SEPT-24 0.00 54.79 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 RT91 FYOFF RMP/SEPT24 0.00 58.54 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 560230 5755 CRESCENT/SEPT-24 0.00 59.42 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 8491 LA PALMA/SEPT-24 0.00 69.69 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 BEACH/STAGE/SEPT-24 0.00 70.01 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 BEACH/CRESCENT/SEP-24 0.00 80.11 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 SW CNR OR'THORP/SEP24 0.00 87.40 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 SAN REMO/VAL.VW/SEP24 0.00 95.27 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 6002 OR'THORPE/SEPT24 0.00 95.27 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 7582 COMNWLTH/SEPT-24 0.00 95.27 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 7201 ARTESIA/SEPT-24 0.00 97.35 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 BEACH/ARTESIA/SEPT-24 0.00 97.94 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 5700 BRIDGEPORT/SEP24 0.00 102.91 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 BEACH/MALVERN/SEPT-24 0.00 141.63 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 352510 2881 RSECRANS/SEPT24 0.00 1,382.74 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 BP LITING SEPT-24 0.00 3,987.82 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 352510 6140 BALL RD/SEPT-24 0.00 10,842.82 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 170670 6640 BEACH/SEPT-24 0.00 38,318.98 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 BP LIGHTING/SEPT-24 0.00 63,081.38 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 660240 ES VL.VW SO FY/SEP24 0.00 19.88 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 560230 7901 LA MIRADA/SEP24 0.00 39.52 1011 427339 10/09/24 00000226 SOUTHERN CALIFORNIA EDIS 560230 7113 FIRESTONE/SEP24 0.00 115.12 TOTAL CHECK 0.00 200,764.72 1011 427340 10/09/24 00000126 SPARKLETTS WATER 170670 BOTTLED WATER SVC 0.00 760.60 1011 427341 10/09/24 10006963 SPEAKWRITE, LLC 650305 TRANSCRIBE/SEPT-24 0.00 2,380.13 1011 427342 10/09/24 00010381 SPOK INC 275305 PHONES 0.00 7.42 1011 427342 10/09/24 00010381 SPOK INC 860810 PHONES 0.00 7.42 1011 427342 10/09/24 00010381 SPOK INC 352363 PHONES 0.00 28.90 TOTAL CHECK 0.00 43.74 1011 427343 10/09/24 00001085 STAPLES CONTRACT & COMME 11 OFFICE SUPPLIES 0.00 764.27 1011 427343 10/09/24 00001085 STAPLES CONTRACT & COMME 11 OFFICE SUPPLIES 0.00 31.55 1011 427343 10/09/24 00001085 STAPLES CONTRACT & COMME 121135 OFFICE SUPPLIES 0.00 182.29 1011 427343 10/09/24 00001085 STAPLES CONTRACT & COMME 121110 OFFICE SUPPLIES 0.00 59.62 1011 427343 10/09/24 00001085 STAPLES CONTRACT & COMME 160105 OFFICE SUPPLIES 0.00 43.09 1011 427343 10/09/24 00001085 STAPLES CONTRACT & COMME 160105 OFFICE SUPPLIES 0.00 140.17 TOTAL CHECK 0.00 1,220.99 1011 427344 10/09/24 10013126 CHRISTINA RAINER 275210 DJ SVC COP/GOBLINS 0.00 800.00 1011 427345 10/09/24 10010941 TYSON KOERPER 995100 VISIT CA FULL PAGE AD 0.00 330.00 1011 427346 10/09/24 10011938 T-MOBILE 650303 982979864 SEPT-24 0.00 1,407.83 1011 427347 10/09/24 10011938 T-MOBILE 171710 974300786 SEPT-24 0.00 36.40 1011 427348 10/09/24 10007171 T-MOBILE USA, INC. 650303 9581522683 SEPT-24 0.00 165.00 1011 427349 10/09/24 00004212 TOWNSEND PUBLIC AFFAIRS 352267 LOBBYIST/OCT-24 0.00 2,018.75 SUNGARD PUBLIC SECTOR PAGE NUMBER: 13 DATE: 10/09/2024 CITY OF BUENA PARK ACCTPA21 TIME: 14:03:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between '20241003 00:00:00.000' and '20241009 00:00:00.000' ACCOUNTING PERIOD: 4/25
FUND - 11 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME ACTIVITY -----DESCRIPTION------ SALES TAX AMOUNT 1011 427349 10/09/24 00004212 TOWNSEND PUBLIC AFFAIRS 105105 LOBBYIST/OCT-24 0.00 6,056.25 TOTAL CHECK 0.00 8,075.00 1011 427350 10/09/24 00004212 TOWNSEND PUBLIC AFFAIRS 105105 GRANT WRITING/OCT-24 0.00 5,000.00 1011 427351 10/09/24 00010230 TRENCH SHORING CO, INC. 352363 SHORING JACK RENTAL 0.00 230.40 1011 427352 10/09/24 00005445 TRI-SIGNAL INTEGRATION, 170670 FIRE ALARM REPAIR 0.00 611.48 1011 427353 10/09/24 10013738 TRUE NORTH COMPLIANCE SE 731150 PLAN REV/CHECK/AUG24 0.00 9,785.98 1011 427354 10/09/24 10012511 TSG ENTERPRISES, INC 290150 WHITAKER SCH PK/AUG24 0.00 2,035.00 1011 427354 10/09/24 10012511 TSG ENTERPRISES, INC 590004 PAVE REHAB/AUG-24 0.00 111.00 TOTAL CHECK 0.00 2,146.00 1011 427355 10/09/24 00004026 UNITED PARCEL SERVICE 650302 SHIPPING CHG 9/25/24 0.00 29.04 1011 427356 10/09/24 10004438 UNITED SHIELD INTERNATIO 650407 #RDS-15X27-LWIIIA-ERT- 92.99 1,292.99 1011 427356 10/09/24 10004438 UNITED SHIELD INTERNATIO 650407 #STD-22X40+LWIIIA-ERT- 293.74 4,083.74 1011 427356 10/09/24 10004438 UNITED SHIELD INTERNATIO 650407 #SPECTER-LED, SPECTER 156.94 2,181.94 1011 427356 10/09/24 10004438 UNITED SHIELD INTERNATIO 650407 #CB-SM, CARRY BAG SMAL 5.81 80.81 1011 427356 10/09/24 10004438 UNITED SHIELD INTERNATIO 650407 #CB-MED, CARRY BAG MED 13.49 187.49 1011 427356 10/09/24 10004438 UNITED SHIELD INTERNATIO 650407 FREIGHT 0.00 150.00 TOTAL CHECK 562.97 7,976.97 1011 427357 10/09/24 10008867 UNITED STATES POSTAL SER 121135 POSTAGE REPLENISHMENT 0.00 10,000.00 1011 427358 10/09/24 10013521 UNLIMITED POSSIBILITIES 275120 MARTIAL ARTS/SUMMR24 0.00 63.18 1011 427359 10/09/24 10002032 VERIZON WIRELESS 352363 87008359200001 SEP-24 0.00 371.19 1011 427359 10/09/24 10002032 VERIZON WIRELESS 170670 87008359200001 SEP-24 0.00 835.44 TOTAL CHECK 0.00 1,206.63 1011 427360 10/09/24 10002032 VERIZON WIRELESS 860810 54202108400001 SEP-24 0.00 211.68 1011 427361 10/09/24 10002032 VERIZON WIRELESS 560210 56130691500002 SEP-24 0.00 41.56 1011 427361 10/09/24 10002032 VERIZON WIRELESS 105105 56130691500002 SEP-24 0.00 41.56 1011 427361 10/09/24 10002032 VERIZON WIRELESS 998100 56130691500002 SEP-24 0.00 41.56 1011 427361 10/09/24 10002032 VERIZON WIRELESS 101101 56130691500002 SEP-24 0.00 97.53 1011 427361 10/09/24 10002032 VERIZON WIRELESS 352363 56130691500002 SEP-24 0.00 76.02 1011 427361 10/09/24 10002032 VERIZON WIRELESS 115110 56130691500002 SEP-24 0.00 97.52 1011 427361 10/09/24 10002032 VERIZON WIRELESS 170670 56130691500002 SEP-24 0.00 541.38 TOTAL CHECK 0.00 937.13 1011 427362 10/09/24 10002032 VERIZON WIRELESS 275105 56130691500007 SEP-24 0.00 337.08 1011 427363 10/09/24 10008881 VOHNE LICHE KENNELS, INC 650405 MO MT TRAINING/AUG-24 0.00 400.00 1011 427364 10/09/24 00000138 VULCAN MATERIALS, INC. 560211 ASPHALT 0.00 536.31 1011 427365 10/09/24 00000142 WAXIE SANITARY SUPPLY, I 11 TISSUE TOILET ROLL (80 201.50 2,801.50 1011 427365 10/09/24 00000142 WAXIE SANITARY SUPPLY, I 11 RV TOILET TISSUE 80 PE 47.68 662.93 SUNGARD PUBLIC SECTOR PAGE NUMBER: 14 DATE: 10/09/2024 CITY OF BUENA PARK ACCTPA21 TIME: 14:03:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between '20241003 00:00:00.000' and '20241009 00:00:00.000' ACCOUNTING PERIOD: 4/25
FUND - 11 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME ACTIVITY -----DESCRIPTION------ SALES TAX AMOUNT 1011 427365 10/09/24 00000142 WAXIE SANITARY SUPPLY, I 11 TOWEL CENTER PULL 6 RO 129.78 1,804.38 1011 427365 10/09/24 00000142 WAXIE SANITARY SUPPLY, I 11 HANDLE BROOM 5' W/META 6.03 83.81 1011 427365 10/09/24 00000142 WAXIE SANITARY SUPPLY, I 11 HANDLE MOP WET #26 15.00 208.50 1011 427365 10/09/24 00000142 WAXIE SANITARY SUPPLY, I 11 HANDLE BROOM 5' W/META 6.03 83.81 TOTAL CHECK 406.02 5,644.93 1011 427366 10/09/24 10008209 WEBSOFT DEVELOPERS, INC. 170670 MOBILE MMS SUBSCRIPTIO 0.00 750.00 1011 427366 10/09/24 10008209 WEBSOFT DEVELOPERS, INC. 352567 MOBILE MMS SUBSCRIPTIO 0.00 4,200.00 1011 427366 10/09/24 10008209 WEBSOFT DEVELOPERS, INC. 452410 MOBILE MMS SUBSCRIPTIO 0.00 5,000.00 1011 427366 10/09/24 10008209 WEBSOFT DEVELOPERS, INC. 760310 MOBILE MMS SUBSCRIPTIO 0.00 5,000.00 1011 427366 10/09/24 10008209 WEBSOFT DEVELOPERS, INC. 160105 MOBILE MMS SUBSCRIPTIO 0.00 5,500.00 1011 427366 10/09/24 10008209 WEBSOFT DEVELOPERS, INC. 560210 MOBILE MMS SUBSCRIPTIO 0.00 5,500.00 1011 427366 10/09/24 10008209 WEBSOFT DEVELOPERS, INC. 171710 MOBILE MMS SUBSCRIPTIO 0.00 5,500.00 1011 427366 10/09/24 10008209 WEBSOFT DEVELOPERS, INC. 352363 MOBILE MMS SUBSCRIPTIO 0.00 19,700.00 TOTAL CHECK 0.00 51,150.00 1011 427367 10/09/24 10009209 WEST GROVE VOLLEYBALL, L 275120 VOLLEYBALL/FALL-24 0.00 750.12 1011 427368 10/09/24 10005807 WESTERN AUDIO VISUAL,INC 650303 TOTAL EQUIPMENT USED F 0.00 35,067.00 1011 427368 10/09/24 10005807 WESTERN AUDIO VISUAL,INC 650303 WAV MISC. MATERIALS, C 0.00 1,293.50 1011 427368 10/09/24 10005807 WESTERN AUDIO VISUAL,INC 650303 ENGINNERING DESIGN & D 0.00 2,171.50 1011 427368 10/09/24 10005807 WESTERN AUDIO VISUAL,INC 650303 PROGRAMMING 0.00 3,429.00 1011 427368 10/09/24 10005807 WESTERN AUDIO VISUAL,INC 650303 PROJECT MANAGEMENT 0.00 1,457.50 1011 427368 10/09/24 10005807 WESTERN AUDIO VISUAL,INC 650303 STAGING AND ASSEMBLY 0.00 429.00 1011 427368 10/09/24 10005807 WESTERN AUDIO VISUAL,INC 650303 INSTALLATION LABOR 0.00 5,369.12 TOTAL CHECK 0.00 49,216.62 1011 427369 10/09/24 10012502 WILD WATER OPERATING LLC 171710 SEP 24 CAR WASHES 0.00 684.00 1011 427370 10/09/24 10011805 VERN WILLIAMS 275120 @HOME WORKOUT/FALL24 0.00 26.60 1011 427371 10/09/24 10006857 YARDLEY ORGILL CO., INC. 352363 COUPLINGS 0.00 1,032.57 1011 427371 10/09/24 10006857 YARDLEY ORGILL CO., INC. 352363 STOCK 0.00 612.06 1011 427371 10/09/24 10006857 YARDLEY ORGILL CO., INC. 352363 LID LIFTERS 0.00 130.50 TOTAL CHECK 0.00 1,775.13 1011 427372 10/09/24 10013924 YOO, HANNAH DAHM 52 UB REFUND 0.00 22.93 1011 427373 10/09/24 10010943 YORBA LINDA FEED STORE, 275210 HAYBALE/3 BIN PUMPKIN 0.00 2,354.34 1011 V427178 10/03/24 10013616 III INTERACTIVE, LLC 632110 DIGITAL ADVERTISING 0.00 20,000.00 1011 V427374 10/09/24 10013793 BUENA PARK HOTEL MARKETI 995100 BPHMA TRANSFER 0.00 100,000.00 TOTAL CASH ACCOUNT 1,698.59 3,091,457.76 TOTAL FUND 1,698.59 3,091,457.76 TOTAL REPORT 1,698.59 3,091,457.76 Date
Printed
10/9/2024
Voided Check
Numbers
427338
427276
427337
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK,
CALIFORNIA ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE
SUM OF $20,561.26 COVERING RETIREE PAYROLL ENDING
SEPTEMBER 30, 2024.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: That in accordance with Section 37208 of the Government Code, the Director of Finance or his designated representative hereby certifies to the accuracy of the following demands and to the availability of funds for payment thereof.
__________________________________
Director of Finance
SECTION 2: The claims and demands in the sum of $20,561.26, set forth on the 2-page register attached to this resolution and made a part here of have been audited as required by law and are hereby allowed in the amount set forth.
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
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 10/03/2024 CITY OF BUENA PARK PAYREP83 TIME: 13:07:37 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='MR3'
ALL CHECKS
PAYRUN: MR3
DATE: 09/27/2024
CHECK DEPOSIT CHECK
NUMBER AMOUNT AMOUNT MAN/VOID ----------EMPLOYEE---------- ID NUMBER 378894 .00 3.00 BEVINS, RONALD 9413 378895 .00 3.00 CHESSEN, DONNA 9428 378896 .00 153.00 DENNY, JOHNNIE 9440 378897 .00 153.00 FAIRMAN, ERIC 9451 378898 .00 153.00 GONZALES, ROBERT 9461 378899 .00 3.00 HAMBY, PAUL 9466 378900 .00 153.00 JACKSON, GARY 9482 378901 .00 153.00 KIMERY, ERIC 9012 378902 .00 15.00 LONG, LINDA 9664 378903 .00 3.00 MACIS, NORMA 9504 378904 .00 3.00 MAYS, MARY 9677 378905 .00 306.00 MCCAY, DONALD 9517 378906 .00 43.00 ROBLES, AMPARO 9550 378907 .00 153.00 SCHWENGEL, LLOYD 9558 378908 .00 3.00 SIGLER, CAROL 9620 378909 .00 15.00 TRUJILLO, FRANK 9663 378910 .00 151.00 TUTHILL, LOREN 9581 378911 .00 3.00 WINNER, SAMUEL 9589 V378912 15.00 .00 AGUIRRE, RICHARD 9624 V378913 263.00 .00 BANKS, TAMRA 9687 V378914 15.00 .00 BECKER, LLOYD 9409 V378915 151.00 .00 BERRY, STEVE 9682 V378916 167.79 .00 BISBING, KRISTOPHER 9675 V378917 153.00 .00 BORREGARD, MICHAEL 9416 V378918 153.00 .00 BRANUM, TERRY 9418 V378919 1,441.88 .00 CARNEY, PATRICK 9014 V378920 43.00 .00 CIAMPA, LISA 9429 V378921 151.00 .00 CISNEROS, RUDY 9625 V378922 43.00 .00 CLARK, LAURENCE 9430 V378923 308.00 .00 CONN, SANDRA 9676 V378924 43.00 .00 COX, BARBARA 9435 V378925 3.00 .00 CRISP, BEVERLY 9612 V378926 153.00 .00 DASCENZI, PHILLIP 9438 V378927 43.00 .00 DESOUCY, DOLORES 9441 V378928 153.00 .00 DIXON, JAMES 9442 V378929 153.00 .00 DOCK, HENRY 9443 V378930 3.00 .00 EERNISSE, NOLA 9448 V378931 151.00 .00 FONCECA, ARTHUR 9456 V378932 712.14 .00 FORSYTH, RICHARD 9680 V378933 153.00 .00 FROST, FRANK 9458 V378934 308.00 .00 HAINLEY, LAWRENCE 9651 V378935 174.00 .00 HENEIN, NABIL 9662 V378936 153.00 .00 HESTER, KATHLEEN 9627 V378937 153.00 .00 HICKEN, GARY 9475 V378938 263.00 .00 HOLGUIN, ALEXANDER 9604 V378939 151.00 .00 JACKSON, TERESA 9628 V378940 153.00 .00 JONES, MICHAEL 9656 V378941 43.00 .00 JONES, SHIRLEY 9486 V378942 151.00 .00 JONES, WILLIAM 9485 V378943 43.00 .00 KELLY, ANDREA 9661 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 10/03/2024 CITY OF BUENA PARK PAYREP83 TIME: 13:07:37 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='MR3'
ALL CHECKS
V378944 153.00 .00 KIRBY, GEORGE 9488 V378945 43.00 .00 KIRK, BRET 9490 V378946 989.86 .00 KOHANEK, WILLIAM 9669 V378947 3.00 .00 KYLE, LESLIE 9493 V378948 153.00 .00 LININGER, RODNEY 9497 V378949 15.00 .00 LITCHFIELD, WILLIAM 9630 V378950 151.00 .00 LOEHR, LOTHAR 9499 V378951 1,441.88 .00 LOVCHIK, MICHAEL 9684 V378952 43.00 .00 LOWRY, MARILYN 9501 V378953 153.00 .00 LUCENTI, THOMAS 9502 V378954 43.00 .00 MALOUFF, JOSEPHINE 9505 V378955 153.00 .00 MANNING, BRUCE 9506 V378956 43.00 .00 MARTIN, GLORIA 9508 V378957 43.00 .00 MARTINEZ, DAVID 9649 V378958 153.00 .00 MARTINEZ, MANUEL 9667 V378959 153.00 .00 MCNEILLY, MICHAEL 9522 V378960 15.00 .00 MEALER, JAMES 9523 V378961 153.00 .00 MONSON, THOMAS 9638 V378962 308.00 .00 MOTE, ROBERT 9600 V378963 2,093.07 .00 PELTON, GREGORY 9699 V378964 153.00 .00 PENA, RICHARD 9598 V378965 153.00 .00 POTTER, BRUCE 9541 V378966 153.00 .00 POWELL, ROGER 9672 V378967 43.00 .00 REDDICK, SUZANNE 9655 V378968 151.00 .00 RILEY, MARGARET 9681 V378969 43.00 .00 ROGERS, REGINA 9631 V378970 49.00 .00 ROONEY, MARIAN 9622 V378971 153.00 .00 SANDERS, DARYL 9553 V378972 15.00 .00 SANDOVAL, SANTIAGO 9658 V378973 153.00 .00 SCHOALES, JAMES 9555 V378974 43.00 .00 SELLS, ROBIN 9659 V378975 43.00 .00 SHEARN, WYNNETTE 9641 V378976 994.50 .00 SIANEZ, COREY 9690 V378977 153.00 .00 STEWARD, GREGORY 9572 V378978 153.00 .00 SWISHER, JOHN 9652 V378979 153.00 .00 SYLVESTER, DAVID 9574 V378980 15.00 .00 TEMPLETON, JOHN 9686 V378981 151.00 .00 TILTON, SHALICE 9683 V378982 153.00 .00 WADELL, VERN 9584 V378983 739.30 .00 WARSINSKI, RICKY 9645 V378984 151.00 .00 WHITESIDE, JOHN 9668 V378985 43.00 .00 WHITLOCK, JOHN 9633 V378986 2,824.84 .00 WORRALL, GARY 9685 V378987 43.00 .00 WYMAN, GUADALUPE 9592
PAYRUN TOTAL
CHECK: 94 19,092.26 1,469.00
TOTAL
CHECKS: 94 19,092.26 1,469.00
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK,
CALIFORNIA ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE
SUM OF $1,079,303.34 COVERING REGULAR PAYROLL ENDING
SEPTEMBER 27, 2024
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: That in accordance with Section 37208 of the Government Code, the Director of Finance or his designated representative hereby certifies to the accuracy of the following demands and to the availability of funds for payment thereof.
__________________________________
Director of Finance
SECTION 2: The claims and demands in the sum of $1,079,303.34 set forth on this 8-page register attached to this resolution and made a part hereof have been audited as required by law and are hereby allowed in the amount set forth.
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
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 10/03/2024 CITY OF BUENA PARK PAYREP83 TIME: 16:06:37 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='MS1'
ALL CHECKS
PAYRUN: MS1
DATE: 10/04/2024
CHECK DEPOSIT CHECK
NUMBER AMOUNT AMOUNT MAN/VOID ----------EMPLOYEE---------- ID NUMBER V378988 4,055.57 .00 GARCIA, ADRIAN 1700 V378989 2,740.29 .00 PEREZ, JESSICA 4111 V378990 4,245.66 .00 COPPING, SARA 951 V378991 860.47 .00 DIAZ, MICHELLE 419 V378992 2,577.06 .00 DIEZ, KARINA 169 V378993 2,297.12 .00 ENGLEBRECHT, BRIDGET 261 V378994 2,938.72 .00 FEWER, JESSICA 580 V378995 7,114.35 .00 FRANCE, AARON 1650 V378996 165.90 .00 MCKINNEY, KENNETH 552 V378997 2,910.59 .00 MEDINA, YARETZA 8 V378998 612.02 .00 MUNOZ, MICHELLE 440 V378999 2,783.49 .00 NAUERT, NATHANIEL 442 V379000 165.90 .00 TEHRANI, AIDIN 551 V379001 767.98 .00 AHN, JOYCE 263 V379002 653.64 .00 BROWN, ARTHUR 655 V379003 517.81 .00 SONNE, SUSAN 5161 V379004 506.94 .00 TRAUT, CONNOR 5399 V379005 2,926.98 .00 ALMQUIST, ANNA PATRICIA 168 V379006 1,858.19 .00 GUERRA, SARAH 1470 V379007 5,496.64 .00 JIMENEZ, ADRIA 2297 V379008 1,063.16 .00 KIRK, RALPH 384 V379009 1,998.23 .00 LOPEZ, ANGELICA 2928 V379010 2,989.93 .00 CASTRO, GWENDOLYNE 503 V379011 680.93 .00 FARAG, BASSEM 571 V379012 7,866.74 .00 FENTON, EDWARD 1564 V379013 1,834.88 .00 KERN, DONNA 2574 V379014 889.74 .00 PREVO, DOREKA 390 V379015 3,702.25 .00 VALDEZ, REBECCA 5490 V379016 1,790.00 .00 BUENROSTRO, PATRICIA 227 V379017 1,184.13 .00 GLAVIN, BARBARA 1768 V379018 1,982.91 .00 HERNANDEZ, GLORIA 2092 V379019 6,838.71 .00 HYUN, SUNG 2248 V379020 2,112.03 .00 KIM, MIN 2584 V379021 2,160.95 .00 LOVEJOY, REBEKAH 76 V379022 10,056.44 .00 MENDOZA, MARIA 3293 V379023 1,144.08 .00 OZAKI, GRACE 3881 V379024 1,998.98 .00 PAK, TIMOTHY 3955 V379025 2,590.76 .00 TOMASSETTI, JEEVANI 5623 V379026 1,692.77 .00 TRAN, KRYSTLE 242 V379027 4,238.42 .00 AVERELL, MARK 272 V379028 2,400.43 .00 COLES-GUZMAN, MARY 950 V379029 2,275.88 .00 KENNEDY, SEAN 111 V379030 1,965.52 .00 BELTRAN, CINDY 467 V379031 835.24 .00 CARDENAS, MARGARET 336 V379032 3,305.87 .00 CULL, ROBERT 1012 V379033 1,021.29 .00 GUZMAN, FEDERICO 1918 V379034 2,715.46 .00 LESTER, ALEXANDER 2868 V379035 1,856.66 .00 MACIAS, JUDITH 2996 V379036 2,522.40 .00 MAYORQUIN, RAYMUNDO 221 V379037 2,730.54 .00 TART, ANDRE 5235 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 10/03/2024 CITY OF BUENA PARK PAYREP83 TIME: 16:06:37 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='MS1'
ALL CHECKS
V379038 4,112.31 .00 CAMACHO, MARIO 731 V379039 1,936.90 .00 CASTANEDA, GUADALUPE 280 V379040 2,343.63 .00 CASTELLANOS, CARLOS 515 V379041 2,412.75 .00 CATALDO, JOHN 766 V379042 2,070.38 .00 DAVIS-VALENTINE, SUZANNE 1085 V379043 2,512.09 .00 DE LA PAZ, TIANNA 297 V379044 925.37 .00 DINH, MICHELLE 433 V379045 6,298.06 .00 FOULKES, MATTHEW 9 V379046 3,729.78 .00 LUNA, HARALD 264 V379047 2,818.30 .00 MCALEESE, IAN 159 V379048 4,425.99 .00 MESHRAM, SWATI 3321 V379049 3,185.82 .00 NAVARRO, SANDRA 93 V379050 2,409.41 .00 SANTOS, RUTH 4640 V379051 1,795.77 .00 TAE, RAY 5196 V379052 3,810.36 .00 THAI, LOTUS 536 V379053 2,243.17 .00 ZAPIEN, ERNESTINE 5777 V379054 2,339.87 .00 ARDAIZ, LANA 190 V379055 3,326.20 .00 DHAUW, MELISSA 1170 V379056 1,202.35 .00 PEREZ, ANTHONY 559 V379057 3,034.00 .00 SUAREZ, SARABETH 5169 V379058 3,097.89 .00 YOON, JIWON 91 V379059 873.46 .00 BARR, LISA 366 V379060 3,082.25 .00 COTA, LORRAINE 954 V379061 5,688.07 .00 GEYER, BRADLEY 1692 V379062 6,213.07 .00 HONG, ALEX 2130 V379063 6,201.80 .00 NGUYEN, NGHIA 3755 V379064 6,794.73 .00 NUNES, FRANK 3813 V379065 2,370.78 .00 CHARNES, LANCE 783 V379066 10,582.17 .00 DIERINGER, RYAN 1145 V379067 3,684.97 .00 JIMENEZ, ROBERT 352 V379068 2,956.23 .00 KIM, HYUN 328 V379069 2,902.10 .00 LAM, DAVID 2790 V379070 635.66 .00 LOVCHIK, MICHAEL 6 V379071 3,866.51 .00 MIKIEWICZ, SIMON 3360 V379072 2,393.10 .00 NOVOTNY, MARY 3705 V379073 2,685.97 .00 SEMAAN, NADIA 4740 V379074 6,842.13 .00 SHADDOW, JON-MICHAEL 4837 V379075 2,544.60 .00 ALCALA, BRITTANY 58 V379076 2,832.51 .00 BARAJAS, MAYRA 357 V379077 1,106.85 .00 BARRAZA, TAYLOR 501 V379078 1,948.25 .00 BINYON, ERIC 506 V379079 3,130.06 .00 BRANDSTETTER, JAMES 629 V379080 3,820.25 .00 BUTH, CATHERINE 561 V379081 3,261.36 .00 CARPENTER, SCARLET 1663 V379082 459.43 .00 CONN, SANDRA 961 V379083 721.26 .00 CORONADO, PERLA 553 V379084 611.00 .00 DIERINGER, REGINA 1515 V379085 3,271.76 .00 ESCOBEDO, STACEY 1530 V379086 3,709.44 .00 ESQUETINI, MARIA 1536 V379087 1,936.76 .00 HERNANDEZ, ISABELLA 112 V379088 746.68 .00 MADHAE, DEEPINDER 555 V379089 2,634.58 .00 MAERKER, ELIZABETH 3017 V379090 3,355.66 .00 MCGRATH, CODY 3220 V379091 875.79 .00 MENDOZA ESPINOZA, MYA 532 V379092 840.50 .00 MENDOZA HERNANDEZ, STEPHANIE 427 V379093 2,892.28 .00 PALMA CARDENAS, DIANA 3970 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 10/03/2024 CITY OF BUENA PARK PAYREP83 TIME: 16:06:37 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='MS1'
ALL CHECKS
V379094 1,008.96 .00 PARRA, ANGEL 498 V379095 1,225.34 .00 RODRIGUEZ VILLA, YARELI 205 V379096 1,998.99 .00 SAUCEDA, CATHLEEN 4645 V379097 3,331.12 .00 SHERIFF, SAMANTHA 2096 V379098 681.07 .00 SILVERIO, SAMANTHA 497 V379099 3,939.83 .00 TANIGUCHI, MELISSA 5230 V379100 718.21 .00 VELLANOWETH, KRISTINE 217 V379101 272.42 .00 YBARRA, DELIA 529 V379102 2,171.20 .00 FIORE, KATE 1560 V379103 1,864.56 .00 FLOHRA, KARAN 516 V379104 2,148.40 .00 FOX, CHARITY 1641 V379105 659.87 .00 KUHN, MICHELLE 2730 V379106 358.05 .00 KUHN, TARI 2747 V379107 2,024.41 .00 LARA, KARON 103 V379108 2,838.04 .00 MENDIVEL, CHRISTINA 3299 V379109 2,119.80 .00 NGO, CATHERINE 3752 V379110 2,252.92 .00 PENDLETON, SUN 4080 V379111 1,790.05 .00 RAMIREZ, ARIANNA 86 V379112 1,265.17 .00 TENG, LING-FEI 2871 V379113 2,012.59 .00 UMLAH, AMBER 5435 V379114 6,810.70 .00 BATES, PATRICK 378 V379115 4,754.13 .00 BELTRAN, CHRISTINA 13 V379116 7,338.32 .00 BERNAL, DAVID 480 V379117 3,238.69 .00 BLACKWOOD, PHALANN 550 V379118 5,413.97 .00 BOURNE, CLIFFORD 5612 V379119 5,730.12 .00 BOYD, ROBERT 584 V379120 5,509.61 .00 BOYER, CAMERON 585 V379121 5,598.69 .00 BOYINGTON, DEVIN 594 V379122 3,611.25 .00 BRAVO, ISABEL 420 V379123 3,646.31 .00 BURNETT, DEBORAH 110 V379124 5,341.14 .00 CAMPOS, LOLANI 728 V379125 3,335.20 .00 CERDA, SERGIO 240 V379126 3,339.28 .00 CHAVEZ, ALEJANDRO 182 V379127 3,903.81 .00 CHAVEZ, ANTONY 246 V379128 3,507.56 .00 CHOI, JONATHON 827 V379129 4,184.14 .00 CHRISTIANSEN, ANDREW 97 V379130 3,849.26 .00 CURATOLA, ANTHONY 350 V379131 4,548.08 .00 DAVIS, JONATHAN 1083 V379132 4,848.51 .00 ESCAMILLA, MARIO 1529 V379133 5,705.97 .00 ESCOBEDO, DOMINICK 1521 V379134 2,070.02 .00 ESTRELLA, CARL JOSEPH 415 V379135 5,278.08 .00 FRANKLIN, KEVIN 1649 V379136 8,329.35 .00 GALOS, MICHAEL 1680 V379137 4,344.43 .00 GANO, KEVIN 1742 V379138 2,078.71 .00 GARCIA, JONATHAN 514 V379139 4,571.60 .00 GENTNER, GEORGE 1765 V379140 5,148.29 .00 GONZALEZ, LUIS 164 V379141 6,422.85 .00 GONZALEZ, OSCAR 1785 V379142 5,704.85 .00 HERST, RYAN 2102 V379143 4,223.31 .00 HOGAN, CHRISTIAN MICHAEL 138 V379144 5,977.32 .00 JIMENEZ, GUSTAVO 2285 V379145 6,096.55 .00 JOHNSON, BRYAN 2300 V379146 7,603.72 .00 LEPE, SERGIO 2901 V379147 3,588.14 .00 LIRA, JOSEPH 133 V379148 3,165.80 .00 LOPEZ, GUILLERMO 2958 V379149 4,846.42 .00 LOVETERE, JOSEPH 2962 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 10/03/2024 CITY OF BUENA PARK PAYREP83 TIME: 16:06:37 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='MS1'
ALL CHECKS
V379150 5,754.25 .00 MARTINEZ, JESUS 117 V379151 4,349.69 .00 MEDRANO, JULIAN 3223 V379152 2,102.18 .00 MEONO, ROBIN 351 V379153 4,088.60 .00 MOELLER, SARAH 3590 V379154 2,300.44 .00 MORQUECHO, FERNANDO 510 V379155 5,556.00 .00 MUNOZ, OSCAR 3605 V379156 3,974.25 .00 MURILLO CASTRO, JULIAN 268 V379157 3,249.52 .00 NGUYEN, ANTHONY 258 V379158 6,398.85 .00 NYHUS, CHRISTOPHER 3808 V379159 5,848.14 .00 O'DETTE, DIRK 3823 V379160 4,807.65 .00 OH, WILLIAM 326 V379161 2,241.64 .00 OSORIO, STEVIE 573 V379162 4,835.15 .00 PADILLA, VALERIE 108 V379163 7,046.58 .00 PINO, RICHARD 4171 V379164 6,380.83 .00 PROCEL, ANDY 4243 V379165 5,216.90 .00 RAMIREZ, ANGEL 4314 V379166 4,024.39 .00 RANGEL, PRISCILLA 4337 V379167 5,956.94 .00 REYES, HUGO 98 V379168 2,808.17 .00 RODRIGUEZ, CHRISTIAN 4476 V379169 4,640.97 .00 RODRIGUEZ CASTILLERO, JOSEPH 259 V379170 5,591.55 .00 RUBALCAVA, EFRAIN 4590 V379171 6,641.57 .00 SOLIS, DANIEL 5000 V379172 4,013.77 .00 TEWELL, MELISSA 5282 V379173 5,736.66 .00 TOMSICK, MARTIN 5360 V379174 5,962.37 .00 TRAN, TUYET 5424 V379175 3,176.31 .00 TURNER, JERAMIAH 291 V379176 2,937.40 .00 WEAVER, CHAD 5577 V379177 4,919.42 .00 WILLIAMS, JUDITH 5660 V379178 2,931.86 .00 WILLIAMS-GIROUX, JACOB 499 V379179 7,932.87 .00 COLON, BOBBY 900 V379180 7,511.30 .00 LEE, CONNOR 2861 V379181 2,036.15 .00 MAERTZ, DANA 3018 V379182 2,101.97 .00 RANGEL, JENNY 283 V379183 6,318.21 .00 RICE, JAMES 4408 V379184 5,276.90 .00 SALAZAR, RYAN 4626 V379185 2,806.21 .00 SILVA, OSCAR 4886 V379186 2,480.17 .00 VAZQUEZ-CAMACHO, MARLENE 101 V379187 5,731.99 .00 VU, JEFFREY 5519 V379188 791.40 .00 BAIR, JOHN 284 V379189 805.35 .00 PATTON, DANA 4060 V379190 5,732.54 .00 BAILEY, JOHN 355 V379191 4,160.32 .00 BOUDREAU, CORY 583 V379192 2,240.63 .00 BOUDREAU, LAURA 2192 V379193 4,097.23 .00 CARNEY, THOMAS 751 V379194 2,167.41 .00 CHAN, KARA 795 V379195 5,636.81 .00 DAVENPORT, JOSEPH 1094 V379196 3,545.72 .00 EK, CHRISTOPHER 1477 V379197 3,838.49 .00 KALAGIAN, BRYANT 2436 V379198 2,824.50 .00 LOMELI, LISBETH 4516 V379199 2,972.31 .00 LOPEZ, VANESSA 2929 V379200 4,821.20 .00 LOPEZ, WILLYVALDO 2941 V379201 5,686.39 .00 LOWE, AUSTIN 2956 V379202 5,400.07 .00 MOON, DAVID 3479 V379203 4,970.61 .00 MORALES, FRANK 3489 V379204 2,214.67 .00 MORALES MALDONADO, IVETT 3490 V379205 1,887.51 .00 O'DETTE, NANCY 1920 SUNGARD PUBLIC SECTOR PAGE NUMBER: 5 DATE: 10/03/2024 CITY OF BUENA PARK PAYREP83 TIME: 16:06:37 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='MS1'
ALL CHECKS
V379206 4,210.88 .00 ORTEGA, MICHAEL 104 V379207 4,877.48 .00 PANTOJA, DAVID 3986 V379208 10,075.28 .00 PLUMLEE, ROGER 4180 V379209 2,302.07 .00 SULLIVAN, STACEY 5160 V379210 3,240.63 .00 TREADWAY, SARA 4210 V379211 3,512.91 .00 VU, KRISTINE 63 V379212 3,818.90 .00 YO, DANIEL 5752 V379213 2,101.19 .00 IBARRA, KRISTI 88 V379214 5,982.29 .00 MIKHAEL, MINA 3359 V379215 2,049.50 .00 ALMANZA, MINERVA 79 V379216 4,246.53 .00 ALQAM, NADER 71 V379217 3,851.89 .00 ARABOLU, DEEPTHI 178 V379218 2,910.08 .00 CAPISTRANO, FRANCES 74 V379219 2,728.19 .00 ESPARZA-ALMARAZ, AARON 383 V379220 2,690.84 .00 GUZMAN, HECTOR 512 V379221 3,067.13 .00 LANNAN, GREGORY 2791 V379222 2,288.66 .00 LEE, HYANG SUN 430 V379223 3,379.05 .00 MILLER, JADEN 513 V379224 2,799.82 .00 PENA, MANUEL 2933 V379225 2,895.59 .00 TRAN, JASON 96 V379226 3,821.08 .00 WRAY, NORMAN 5725 V379227 2,481.09 .00 ZARAGOZA, EDUARDO 5788 V379228 3,143.71 .00 AUBUCHON, LAURIE 250 V379229 2,120.24 .00 GENERA, ELIZABETH 1685 V379230 4,393.36 .00 HUNT, JOSEPH 2249 V379231 1,820.92 .00 LUX, ANDREA 2972 V379232 2,283.23 .00 VENEGAS MENDEZ, JAVIER 5491 V379233 980.00 .00 ARIZMENDI, ARMANDO 567 V379234 2,924.74 .00 BACA, ANDREW 315 V379235 2,018.35 .00 BANUELOS, CHRISTOPHER 345 V379236 3,971.60 .00 BRITO, MICHAEL 642 V379237 979.99 .00 CASTRO, JOHN 540 V379238 1,201.84 .00 COLLIER, SEAN 549 V379239 1,083.73 .00 ECHAVARRIA, STEPHEN 570 V379240 3,920.28 .00 ESCATEL-OROSCO, PEDRO 1537 V379241 2,374.29 .00 GONZALEZ, ALEJANDRO 1783 V379242 4,088.15 .00 LIBUNAO, NINO 2912 V379243 1,939.61 .00 MARASCO, MATTHEW 289 V379244 1,630.95 .00 MUNOZ, GENE 3600 V379245 2,588.43 .00 MUNOZ, JOHNNY 144 V379246 1,742.76 .00 NAJERA, JESSE 3630 V379247 1,419.76 .00 PAPANIC, DENNIS 548 V379248 1,419.76 .00 PEREZ, ISAIAH 523 V379249 3,776.22 .00 RIVERA, JOE 4450 V379250 2,636.90 .00 RODRIGUEZ, OSCAR 131 V379251 1,769.20 .00 SERNA, JUAN 4728 V379252 558.43 .00 SMITH, FRANKIE 541 V379253 2,803.88 .00 TORREZ, JAVIER 69 V379254 2,582.75 .00 CARRILLO, EDWARD 765 V379255 1,181.62 .00 CHAVEZ, CAESAR 544 V379256 2,497.60 .00 ELLS, ZACHARY 1500 V379257 2,840.27 .00 ENNIS, JOSEPH 262 V379258 2,883.49 .00 FINCH, BARRETT 1574 V379259 2,876.82 .00 HAGAN, KEVIN 1947 V379260 3,716.67 .00 KVENBO, SCOTT 2750 V379261 1,773.82 .00 LAUTERIO, MATTHEW 533 SUNGARD PUBLIC SECTOR PAGE NUMBER: 6 DATE: 10/03/2024 CITY OF BUENA PARK PAYREP83 TIME: 16:06:37 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='MS1'
ALL CHECKS
V379262 2,111.40 .00 MARTINEZ, MARCO 215 V379263 4,390.62 .00 MCGEE, MICHAEL 9306 V379264 4,002.21 .00 MILLER, DAVID 3390 V379265 2,840.93 .00 MOJARRO, ANDREW 3082 V379266 3,517.76 .00 MOORE, FRANK 3486 V379267 1,535.45 .00 MYLLES, JOSHUA 279 V379268 1,962.36 .00 PRECIADO, CAMDEN 134 V379269 2,196.75 .00 SANCHEZ, JUAN 4617 V379270 2,192.28 .00 SPEAR, ANTHONY 5011 V379271 2,775.04 .00 STEPHENSON, MARK 5122 V379272 2,314.42 .00 TAVARES, JAMEY 5231 V379273 1,823.25 .00 ALVAREZ, CARLOS 136 V379274 2,360.32 .00 DAHL, TERRY 1084 V379275 2,260.86 .00 DOMINGUEZ, KEVIN 565 V379276 1,751.84 .00 ELLIOT, JAYLEN 569 V379277 1,272.53 .00 ESPINO, KEVIN 517 V379278 2,369.18 .00 GARCIA ORTEGA, JOSE 1636 V379279 2,264.78 .00 GRIMES, DAVID 1881 V379280 2,180.66 .00 GUZMAN, KEVIN 132 V379281 2,304.03 .00 KOSS, MICHAEL 2718 V379282 3,004.65 .00 MARTINEZ, GABRIEL 3139 V379283 2,503.80 .00 MELLADO, KIM 3289 V379284 2,663.07 .00 MERROW, MATTHEW 3316 V379285 2,183.85 .00 OTTEN, DAVID 3869 V379286 3,423.95 .00 PORTER, JEFFREY 4174 V379287 2,787.75 .00 RODRIGUEZ, EDWARD 4479 V379288 1,802.09 .00 RUIZ, ALEJANDRO 416 V379289 1,843.72 .00 TORRES, SALVADOR 234 V379290 2,214.39 .00 WELLS, ANTHONY 5610 V379291 1,272.53 .00 YANEZ, ANDREW 521 V379292 333.88 .00 AVERELL, ANDREW 349 V379293 3,068.99 .00 CAMPIZTA, ADAM 225 V379294 2,861.85 .00 DE LA CRUZ, RICARDO 558 V379295 3,065.43 .00 MACIAS, RAYMOND 2998 V379296 2,550.91 .00 WEAR, JOHN 5606 V379297 6,655.09 .00 BOX, JAMES 576 V379298 1,943.42 .00 CHAVEZ, ARIANA 788 V379299 1,961.52 .00 CONTRERAS, SAUL 95 V379300 3,404.78 .00 KURATA, DALE 2749 V379301 2,418.74 .00 MARTINEZ, SERENA 3147 V379302 1,801.82 .00 MOMPELLER, JUSTICE 443 V379303 1,101.72 .00 SANCHEZ, CHRISTOPHER 236 V379304 2,441.38 .00 SANCHEZ-REYES, KEVIN 83 V379305 3,335.58 .00 SAUCEDA, MARK 4642 V379306 889.63 .00 ALVARADO, ADRIAN 89 V379307 461.74 .00 BAHENA, PEDRO 148 V379308 568.89 .00 BARENG, KATHERINE 33 V379309 721.55 .00 BELCHER-HALL, JACOB 333 V379310 405.11 .00 CARVENTE, GIANJAVIER 334 V379311 713.35 .00 CISNEROS, MICHELLE 812 V379312 156.82 .00 DIEGO, NICOLE 331 V379313 209.09 .00 DURGIN, JAYLIND 186 V379314 17.42 .00 ESCAMILLA PATRICIO, DANIELLE 534 V379315 174.24 .00 FERNANDEZ, GISSEL 330 V379316 448.68 .00 GARCIA, MICHELE 171 V379317 331.06 .00 GONZALEZ, ISAAC 294 SUNGARD PUBLIC SECTOR PAGE NUMBER: 7 DATE: 10/03/2024 CITY OF BUENA PARK PAYREP83 TIME: 16:06:37 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='MS1'
ALL CHECKS
V379318 492.75 .00 GONZALEZ, LUIS 1780 V379319 479.17 .00 GRANADOS, REGINA 145 V379320 209.09 .00 GRANDE, DANIELLE 124 V379321 1,033.77 .00 GUERRA, ATHZIRI 141 V379322 799.11 .00 GUERRA, ROCCO 44 V379323 87.12 .00 GUILLEN, JAYDEN 339 V379324 879.01 .00 GUTIERREZ, MICHELLE 1925 V379325 567.88 .00 HERNANDEZ, KATE 2091 V379326 726.11 .00 HOLLOWAY, ELIZABETH 2185 V379327 235.23 .00 JUBRAN, NOAH 127 V379328 383.34 .00 LEWIS, ALEC 266 V379329 785.10 .00 MAGANA, ADAM 173 V379330 928.81 .00 MORENO, ANDREW 161 V379331 592.37 .00 NGHIEM, NATALIE 249 V379332 87.12 .00 NGUYEN, KEVIN 299 V379333 696.92 .00 OCHOA, ALAN 192 V379334 427.41 .00 ONTIVEROS, IZABELLA 3864 V379335 908.33 .00 RIVERA GOMEZ, YAMILEX 4432 V379336 639.34 .00 RODRIGUEZ, KAREN 538 V379337 17.42 .00 RODRIGUEZ, MIKAYLA 295 V379338 121.97 .00 ROQUE, KATRINA 38 V379339 717.73 .00 RUIZ, LUIS 527 V379340 814.06 .00 RUSSELL, JEFFREY 150 V379341 313.88 .00 SALDANA, JONATHAN 4625 V379342 348.48 .00 SANCHEZ, NATHAN 504 V379343 461.74 .00 SOLTERO, JESSE 177 V379344 413.83 .00 SORIA, NOAH 5004 V379345 801.98 .00 STRICKLER, LINDA 5135 V379346 505.30 .00 TAPIA, ANGELICA 306 V379347 643.25 .00 THANKESWARAN, HASHMITHAA 543 V379348 720.21 .00 THOMSEN, MATTHEW 194 V379349 2,639.66 .00 VAN SICKLE, MICHELLE 2076 V379350 756.17 .00 VAZQUEZ, OSCAR 152 V379351 813.14 .00 VELOZ, SABRINA 146 V379352 200.38 .00 WONGSUPHAKPHAN, BRIANNA 337 V379353 353.74 .00 AHANYA, PRISHA 208 V379354 1,211.11 .00 CATAN, KYLIE ROSE 185 V379355 447.82 .00 CLOCK, AUDREY 201 V379356 461.83 .00 DIXON, DAVONNE 563 V379357 656.05 .00 GALLEGOS, INARI 572 V379358 721.00 .00 GLYNN, FIONA 115 V379359 877.49 .00 GODFREY, RILEY 4 V379360 778.58 .00 GONZALEZ, EMBERLY 204 V379361 748.77 .00 PEDROZA, ANGELINE 325 V379362 78.61 .00 POTTER, ALEXANDRA 564 V379363 1,922.02 .00 RODRIGUEZ, PERLA 4488 V379364 637.86 .00 ROMERO, SYDNEY 14 V379365 1,030.29 .00 SINGH, YASHPREET 48 V379366 1,436.86 .00 SMITH, JOHN 210 V379367 715.59 .00 TORRES, INEZ 296 V379368 417.60 .00 TRAN, KYLE 304 V379369 389.04 .00 VACA, SARAH 311 V379370 392.43 .00 ZAPATA, ALEXANDRIA 303 V379371 798.34 .00 AGUILAR, KALVIN 23 V379372 200.38 .00 BARTOLO, BRYAN 338 V379373 1,380.31 .00 BUSTAMANTE VALLADARES, DIANA 285 SUNGARD PUBLIC SECTOR PAGE NUMBER: 8 DATE: 10/03/2024 CITY OF BUENA PARK PAYREP83 TIME: 16:06:37 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='MS1'
ALL CHECKS
V379374 875.00 .00 CABUSAO, NINA MARINELLA 729 V379375 277.00 .00 CASTILLO, DARLENE 119 V379376 821.99 .00 CERVANTES, BRIANA 757 V379377 892.43 .00 CHOATE, RACHAEL 511 V379378 2,686.84 .00 DAVIS, TANIKKA 1082 V379379 483.36 .00 DELGADO, ISABEL 502 V379380 2,113.28 .00 GILLIAM, VERONICA 218 V379381 802.55 .00 GUZMAN, NADINE 1917 V379382 773.66 .00 HONG, YI 2189 V379383 3,262.53 .00 HURTADO, MARIA 353 V379384 1,250.44 .00 LARIZ RUBALCAVA, CARLOS 429 V379385 2,236.14 .00 MARQUEZ PINEDO, ANALISA 3118 V379386 557.14 .00 MARTINEZ, JEFFREY 535 V379387 1,402.03 .00 MEGGINSON, MARK 562 V379388 683.39 .00 MENDOZA, GISELLE 522 V379389 252.66 .00 MORISON, MATTHEW 243 V379390 2,522.47 .00 NIELSEN, ROSEMARY 3760 V379391 635.42 .00 ONTIVEROS, STEVEN 342 V379392 882.18 .00 ORTIZ, YAHAIRA 241 V379393 683.39 .00 RUFINO, JACOB 528 V379394 255.39 .00 RUIZ, ANA 4591 V379395 522.72 .00 SOSA, ELIANNA 341 V379396 595.42 .00 VALDEZ, NATALIA 46 V379397 520.17 .00 VEGA-MATA, PEDRO 278
PAYRUN TOTAL
CHECK: 410 1,079,303.34 .00
TOTAL
CHECKS: 410 1,079,303.34 .00
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK,
CALIFORNIA ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE
SUM OF $1,072,039.57 COVERING REGULAR PAYROLL ENDING
OCTOBER 11, 2024
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: That in accordance with Section 37208 of the Government Code, the Director of Finance or his designated representative hereby certifies to the accuracy of the following demands and to the availability of funds for payment thereof.
__________________________________
Director of Finance
SECTION 2: The claims and demands in the sum of $1,072,039.57 set forth on this 8-page register attached to this resolution and made a part hereof have been audited as required by law and are hereby allowed in the amount set forth.
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
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 10/17/2024 CITY OF BUENA PARK PAYREP83 TIME: 10:39:03 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='MS2'
ALL CHECKS
PAYRUN: MS2
DATE: 10/18/2024
CHECK DEPOSIT CHECK
NUMBER AMOUNT AMOUNT MAN/VOID ----------EMPLOYEE---------- ID NUMBER V379398 4,055.58 .00 GARCIA, ADRIAN 1700 V379399 2,718.66 .00 PEREZ, JESSICA 4111 V379400 212.35 .00 AYALA, MICHAEL 445 V379401 4,245.66 .00 COPPING, SARA 951 V379402 1,087.32 .00 DIAZ, MICHELLE 419 V379403 2,577.06 .00 DIEZ, KARINA 169 V379404 2,297.12 .00 ENGLEBRECHT, BRIDGET 261 V379405 2,938.72 .00 FEWER, JESSICA 580 V379406 7,114.35 .00 FRANCE, AARON 1650 V379407 308.10 .00 MCKINNEY, KENNETH 552 V379408 2,910.59 .00 MEDINA, YARETZA 8 V379409 704.21 .00 MUNOZ, MICHELLE 440 V379410 1,858.54 .00 NAUERT, NATHANIEL 442 V379411 315.57 .00 TEHRANI, AIDIN 551 V379412 767.98 .00 AHN, JOYCE 263 V379413 653.64 .00 BROWN, ARTHUR 655 V379414 517.81 .00 SONNE, SUSAN 5161 V379415 498.61 .00 TRAUT, CONNOR 5399 V379416 2,926.98 .00 ALMQUIST, ANNA PATRICIA 168 V379417 1,858.19 .00 GUERRA, SARAH 1470 V379418 5,496.64 .00 JIMENEZ, ADRIA 2297 V379419 960.44 .00 KIRK, RALPH 384 V379420 1,998.23 .00 LOPEZ, ANGELICA 2928 V379421 2,769.85 .00 ALLIMAN, DAYLENE 213 V379422 2,989.93 .00 CASTRO, GWENDOLYNE 503 V379423 722.59 .00 FARAG, BASSEM 571 V379424 6,491.89 .00 FENTON, EDWARD 1564 V379425 1,834.88 .00 KERN, DONNA 2574 V379426 2,188.25 .00 MIRANDA, MARILU 447 V379427 175.34 .00 PREVO, DOREKA 390 V379428 6,523.86 .00 VALDEZ, REBECCA 5490 V379429 1,768.35 .00 BUENROSTRO, PATRICIA 227 V379430 1,184.12 .00 GLAVIN, BARBARA 1768 V379431 1,963.77 .00 HERNANDEZ, GLORIA 2092 V379432 6,838.71 .00 HYUN, SUNG 2248 V379433 2,283.93 .00 KIM, MIN 2584 V379434 2,141.81 .00 LOVEJOY, REBEKAH 76 V379435 936.91 .00 OZAKI, GRACE 3881 V379436 1,998.98 .00 PAK, TIMOTHY 3955 V379437 2,590.76 .00 TOMASSETTI, JEEVANI 5623 V379438 1,777.75 .00 TRAN, KRYSTLE 242 V379439 4,238.42 .00 AVERELL, MARK 272 V379440 2,378.79 .00 COLES-GUZMAN, MARY 950 V379441 2,275.88 .00 KENNEDY, SEAN 111 V379442 1,965.52 .00 BELTRAN, CINDY 467 V379443 3,305.87 .00 CULL, ROBERT 1012 V379444 1,021.29 .00 GUZMAN, FEDERICO 1918 V379445 2,715.46 .00 LESTER, ALEXANDER 2868 V379446 2,708.69 .00 MACIAS, JUDITH 2996 V379447 2,522.40 .00 MAYORQUIN, RAYMUNDO 221 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 10/17/2024 CITY OF BUENA PARK PAYREP83 TIME: 10:39:03 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='MS2'
ALL CHECKS
V379448 2,730.54 .00 TART, ANDRE 5235 V379449 4,112.31 .00 CAMACHO, MARIO 731 V379450 1,838.91 .00 CASTANEDA, GUADALUPE 280 V379451 2,343.64 .00 CASTELLANOS, CARLOS 515 V379452 2,412.75 .00 CATALDO, JOHN 766 V379453 2,070.39 .00 DAVIS-VALENTINE, SUZANNE 1085 V379454 2,512.09 .00 DE LA PAZ, TIANNA 297 V379455 970.14 .00 DINH, MICHELLE 433 V379456 6,298.06 .00 FOULKES, MATTHEW 9 V379457 3,729.78 .00 LUNA, HARALD 264 V379458 2,818.30 .00 MCALEESE, IAN 159 V379459 4,425.99 .00 MESHRAM, SWATI 3321 V379460 3,293.69 .00 NAVARRO, SANDRA 93 V379461 2,409.41 .00 SANTOS, RUTH 4640 V379462 1,795.77 .00 TAE, RAY 5196 V379463 3,810.36 .00 THAI, LOTUS 536 V379464 2,243.17 .00 ZAPIEN, ERNESTINE 5777 V379465 2,339.87 .00 ARDAIZ, LANA 190 V379466 3,326.20 .00 DHAUW, MELISSA 1170 V379467 1,202.35 .00 PEREZ, ANTHONY 559 V379468 3,034.00 .00 SUAREZ, SARABETH 5169 V379469 3,097.89 .00 YOON, JIWON 91 V379470 359.23 .00 BARR, LISA 366 V379471 3,044.42 .00 COTA, LORRAINE 954 V379472 5,688.07 .00 GEYER, BRADLEY 1692 V379473 7,231.81 .00 HONG, ALEX 2130 V379474 6,116.40 .00 NGUYEN, NGHIA 3755 V379475 6,794.73 .00 NUNES, FRANK 3813 V379476 6,306.54 .00 DIERINGER, RYAN 1145 V379477 3,648.80 .00 JIMENEZ, ROBERT 352 V379478 2,934.59 .00 KIM, HYUN 328 V379479 2,902.10 .00 LAM, DAVID 2790 V379480 610.62 .00 LOVCHIK, MICHAEL 6 V379481 3,847.88 .00 MIKIEWICZ, SIMON 3360 V379482 2,013.83 .00 NOVOTNY, MARY 3705 V379483 2,303.14 .00 SEMAAN, NADIA 4740 V379484 6,392.99 .00 SHADDOW, JON-MICHAEL 4837 V379485 2,522.97 .00 ALCALA, BRITTANY 58 V379486 4,347.05 .00 BARAJAS, MAYRA 357 V379487 1,202.07 .00 BARRAZA, TAYLOR 501 V379488 1,948.25 .00 BINYON, ERIC 506 V379489 4,166.53 .00 BRANDSTETTER, JAMES 629 V379490 4,432.55 .00 BUTH, CATHERINE 561 V379491 3,065.86 .00 CARPENTER, SCARLET 1663 V379492 876.82 .00 CONN, SANDRA 961 V379493 610.41 .00 CORONADO, PERLA 553 V379494 576.26 .00 DIERINGER, REGINA 1515 V379495 3,432.99 .00 ESCOBEDO, STACEY 1530 V379496 3,678.86 .00 ESQUETINI, MARIA 1536 V379497 1,936.76 .00 HERNANDEZ, ISABELLA 112 V379498 704.85 .00 MADHAE, DEEPINDER 555 V379499 3,633.22 .00 MAERKER, ELIZABETH 3017 V379500 4,306.87 .00 MCGRATH, CODY 3220 V379501 790.22 .00 MENDOZA ESPINOZA, MYA 532 V379502 840.50 .00 MENDOZA HERNANDEZ, STEPHANIE 427 V379503 3,075.33 .00 PALMA CARDENAS, DIANA 3970 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 10/17/2024 CITY OF BUENA PARK PAYREP83 TIME: 10:39:03 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='MS2'
ALL CHECKS
V379504 821.59 .00 PARRA, ANGEL 498 V379505 1,017.24 .00 RODRIGUEZ VILLA, YARELI 205 V379506 1,998.99 .00 SAUCEDA, CATHLEEN 4645 V379507 4,542.74 .00 SHERIFF, SAMANTHA 2096 V379508 727.25 .00 SILVERIO, SAMANTHA 497 V379509 3,195.07 .00 TANIGUCHI, MELISSA 5230 V379510 718.21 .00 VELLANOWETH, KRISTINE 217 V379511 325.16 .00 YBARRA, DELIA 529 V379512 2,202.22 .00 FIORE, KATE 1560 V379513 1,797.56 .00 FLOHRA, KARAN 516 V379514 2,669.11 .00 FOX, CHARITY 1641 V379515 659.87 .00 KUHN, MICHELLE 2730 V379516 358.05 .00 KUHN, TARI 2747 V379517 2,024.41 .00 LARA, KARON 103 V379518 2,838.05 .00 MENDIVEL, CHRISTINA 3299 V379519 2,119.80 .00 NGO, CATHERINE 3752 V379520 1,873.06 .00 PENDLETON, SUN 4080 V379521 1,790.05 .00 RAMIREZ, ARIANNA 86 V379522 1,855.48 .00 TENG, LING-FEI 2871 V379523 2,012.59 .00 UMLAH, AMBER 5435 V379524 6,631.72 .00 BATES, PATRICK 378 V379525 3,733.87 .00 BELTRAN, CHRISTINA 13 V379526 7,717.48 .00 BERNAL, DAVID 480 V379527 3,226.82 .00 BLACKWOOD, PHALANN 550 V379528 6,545.45 .00 BOURNE, CLIFFORD 5612 V379529 6,333.35 .00 BOYD, ROBERT 584 V379530 5,410.77 .00 BOYER, CAMERON 585 V379531 5,525.02 .00 BOYINGTON, DEVIN 594 V379532 3,948.31 .00 BRAVO, ISABEL 420 V379533 3,560.01 .00 BURNETT, DEBORAH 110 V379534 4,103.34 .00 CAMPOS, LOLANI 728 V379535 3,100.72 .00 CERDA, SERGIO 240 V379536 3,026.07 .00 CHAVEZ, ALEJANDRO 182 V379537 3,348.20 .00 CHAVEZ, ANTONY 246 V379538 3,794.60 .00 CHOI, JONATHON 827 V379539 3,592.57 .00 CHRISTIANSEN, ANDREW 97 V379540 3,161.71 .00 CURATOLA, ANTHONY 350 V379541 3,685.82 .00 DAVIS, JONATHAN 1083 V379542 4,848.51 .00 ESCAMILLA, MARIO 1529 V379543 5,523.05 .00 ESCOBEDO, DOMINICK 1521 V379544 2,070.02 .00 ESTRELLA, CARL JOSEPH 415 V379545 5,546.57 .00 FRANKLIN, KEVIN 1649 V379546 6,653.93 .00 GALOS, MICHAEL 1680 V379547 6,310.32 .00 GANO, KEVIN 1742 V379548 3,270.26 .00 GARCIA, JONATHAN 514 V379549 5,193.58 .00 GENTNER, GEORGE 1765 V379550 4,869.83 .00 GONZALEZ, LUIS 164 V379551 4,880.63 .00 GONZALEZ, OSCAR 1785 V379552 4,386.31 .00 HERST, RYAN 2102 V379553 4,546.91 .00 HOGAN, CHRISTIAN MICHAEL 138 V379554 5,862.17 .00 JIMENEZ, GUSTAVO 2285 V379555 5,649.95 .00 JOHNSON, BRYAN 2300 V379556 6,565.19 .00 LEPE, SERGIO 2901 V379557 4,559.52 .00 LIRA, JOSEPH 133 V379558 3,884.41 .00 LOPEZ, GUILLERMO 2958 V379559 6,022.01 .00 LOVETERE, JOSEPH 2962 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 10/17/2024 CITY OF BUENA PARK PAYREP83 TIME: 10:39:03 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='MS2'
ALL CHECKS
V379560 5,045.24 .00 MARTINEZ, JESUS 117 V379561 3,654.67 .00 MEDRANO, JULIAN 3223 V379562 2,102.18 .00 MEONO, ROBIN 351 V379563 6,918.47 .00 MOELLER, SARAH 3590 V379564 3,682.59 .00 MORQUECHO, FERNANDO 510 V379565 6,450.84 .00 MUNOZ, OSCAR 3605 V379566 3,388.90 .00 MURILLO CASTRO, JULIAN 268 V379567 3,249.52 .00 NGUYEN, ANTHONY 258 V379568 7,224.98 .00 NYHUS, CHRISTOPHER 3808 V379569 5,690.74 .00 O'DETTE, DIRK 3823 V379570 5,666.43 .00 OH, WILLIAM 326 V379571 2,241.64 .00 OSORIO, STEVIE 573 V379572 4,994.76 .00 PADILLA, VALERIE 108 V379573 6,781.49 .00 PINO, RICHARD 4171 V379574 5,983.45 .00 PROCEL, ANDY 4243 V379575 3,887.19 .00 RAMIREZ, ANGEL 4314 V379576 3,977.75 .00 RANGEL, PRISCILLA 4337 V379577 4,623.57 .00 REYES, HUGO 98 V379578 4,062.83 .00 RODRIGUEZ, CHRISTIAN 4476 V379579 5,230.45 .00 RODRIGUEZ CASTILLERO, JOSEPH 259 V379580 6,986.85 .00 RUBALCAVA, EFRAIN 4590 V379581 5,777.39 .00 SOLIS, DANIEL 5000 V379582 3,366.68 .00 TEWELL, MELISSA 5282 V379583 6,446.24 .00 TOMSICK, MARTIN 5360 V379584 5,745.62 .00 TRAN, TUYET 5424 V379585 3,176.31 .00 TURNER, JERAMIAH 291 V379586 2,937.40 .00 WEAVER, CHAD 5577 V379587 4,919.42 .00 WILLIAMS, JUDITH 5660 V379588 2,931.86 .00 WILLIAMS-GIROUX, JACOB 499 V379589 8,505.00 .00 COLON, BOBBY 900 V379590 9,101.78 .00 LEE, CONNOR 2861 V379591 2,036.15 .00 MAERTZ, DANA 3018 V379592 2,264.81 .00 RANGEL, JENNY 283 V379593 5,886.55 .00 RICE, JAMES 4408 V379594 4,943.12 .00 SALAZAR, RYAN 4626 V379595 2,117.39 .00 SILVA, OSCAR 4886 V379596 2,826.45 .00 VAZQUEZ-CAMACHO, MARLENE 101 V379597 6,805.28 .00 VU, JEFFREY 5519 V379598 217.43 .00 BAIR, JOHN 284 V379599 839.02 .00 CASEY, DROUETT 771 V379600 656.66 .00 PATTON, DANA 4060 V379601 5,732.54 .00 BAILEY, JOHN 355 V379602 4,942.31 .00 BOUDREAU, CORY 583 V379603 2,240.63 .00 BOUDREAU, LAURA 2192 V379604 4,764.88 .00 CARNEY, THOMAS 751 V379605 2,167.41 .00 CHAN, KARA 795 V379606 5,126.66 .00 DAVENPORT, JOSEPH 1094 V379607 3,203.45 .00 EK, CHRISTOPHER 1477 V379608 4,480.13 .00 KALAGIAN, BRYANT 2436 V379609 2,716.13 .00 LOMELI, LISBETH 4516 V379610 2,948.66 .00 LOPEZ, VANESSA 2929 V379611 5,138.76 .00 LOPEZ, WILLYVALDO 2941 V379612 6,436.23 .00 LOWE, AUSTIN 2956 V379613 6,012.63 .00 MOON, DAVID 3479 V379614 5,094.31 .00 MORALES, FRANK 3489 V379615 2,068.85 .00 MORALES MALDONADO, IVETT 3490 SUNGARD PUBLIC SECTOR PAGE NUMBER: 5 DATE: 10/17/2024 CITY OF BUENA PARK PAYREP83 TIME: 10:39:03 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='MS2'
ALL CHECKS
V379616 1,898.01 .00 O'DETTE, NANCY 1920 V379617 3,599.49 .00 ORTEGA, MICHAEL 104 V379618 5,054.20 .00 PANTOJA, DAVID 3986 V379619 10,190.03 .00 PLUMLEE, ROGER 4180 V379620 2,302.07 .00 SULLIVAN, STACEY 5160 V379621 3,240.63 .00 TREADWAY, SARA 4210 V379622 3,512.91 .00 VU, KRISTINE 63 V379623 4,046.98 .00 YO, DANIEL 5752 V379624 1,762.49 .00 CARDENAS, MARGARET 336 V379625 23.70 .00 FIGUEROA, NAYELI 403 V379626 2,101.19 .00 IBARRA, KRISTI 88 V379627 23.70 .00 JAMES, SAGIL 392 V379628 5,982.30 .00 MIKHAEL, MINA 3359 V379629 23.70 .00 SCHOONER, BRANDON 556 V379630 23.70 .00 SINGHAL, ANNIE 4893 V379631 2,049.50 .00 ALMANZA, MINERVA 79 V379632 4,246.53 .00 ALQAM, NADER 71 V379633 3,851.89 .00 ARABOLU, DEEPTHI 178 V379634 2,888.44 .00 CAPISTRANO, FRANCES 74 V379635 2,728.19 .00 ESPARZA-ALMARAZ, AARON 383 V379636 2,690.84 .00 GUZMAN, HECTOR 512 V379637 3,067.13 .00 LANNAN, GREGORY 2791 V379638 2,267.03 .00 LEE, HYANG SUN 430 V379639 2,501.16 .00 MASUM, FAREEN 448 V379640 3,379.05 .00 MILLER, JADEN 513 V379641 2,799.82 .00 PENA, MANUEL 2933 V379642 2,895.59 .00 TRAN, JASON 96 V379643 3,725.04 .00 WRAY, NORMAN 5725 V379644 2,481.09 .00 ZARAGOZA, EDUARDO 5788 V379645 3,143.71 .00 AUBUCHON, LAURIE 250 V379646 2,120.24 .00 GENERA, ELIZABETH 1685 V379647 4,393.36 .00 HUNT, JOSEPH 2249 V379648 1,820.92 .00 LUX, ANDREA 2972 V379649 2,249.63 .00 VENEGAS MENDEZ, JAVIER 5491 V379650 1,272.54 .00 ARIZMENDI, ARMANDO 567 V379651 3,279.71 .00 BACA, ANDREW 315 V379652 1,378.50 .00 BANUELOS, CHRISTOPHER 345 V379653 4,011.55 .00 BRITO, MICHAEL 642 V379654 675.74 .00 CASTRO, JOHN 540 V379655 1,031.04 .00 COLLIER, SEAN 549 V379656 1,272.53 .00 ECHAVARRIA, STEPHEN 570 V379657 2,393.57 .00 ESCATEL-OROSCO, PEDRO 1537 V379658 2,374.29 .00 GONZALEZ, ALEJANDRO 1783 V379659 4,088.15 .00 LIBUNAO, NINO 2912 V379660 1,228.34 .00 MARASCO, MATTHEW 289 V379661 1,510.79 .00 MUNOZ, GENE 3600 V379662 1,963.10 .00 MUNOZ, JOHNNY 144 V379663 1,943.81 .00 NAJERA, JESSE 3630 V379664 1,127.30 .00 PAPANIC, DENNIS 548 V379665 1,272.54 .00 PEREZ, ISAIAH 523 V379666 2,344.74 .00 RIVERA, JOE 4450 V379667 1,778.39 .00 RODRIGUEZ, OSCAR 131 V379668 2,010.36 .00 SERNA, JUAN 4728 V379669 941.84 .00 SMITH, FRANKIE 541 V379670 2,259.57 .00 TORREZ, JAVIER 69 V379671 2,083.78 .00 CARRILLO, EDWARD 765 SUNGARD PUBLIC SECTOR PAGE NUMBER: 6 DATE: 10/17/2024 CITY OF BUENA PARK PAYREP83 TIME: 10:39:03 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='MS2'
ALL CHECKS
V379672 1,181.62 .00 CHAVEZ, CAESAR 544 V379673 2,579.75 .00 ELLS, ZACHARY 1500 V379674 2,530.01 .00 ENNIS, JOSEPH 262 V379675 4,379.59 .00 FINCH, BARRETT 1574 V379676 2,876.82 .00 HAGAN, KEVIN 1947 V379677 3,261.22 .00 KVENBO, SCOTT 2750 V379678 1,773.82 .00 LAUTERIO, MATTHEW 533 V379679 2,717.40 .00 MARTINEZ, MARCO 215 V379680 4,390.62 .00 MCGEE, MICHAEL 9306 V379681 2,779.59 .00 MILLER, DAVID 3390 V379682 3,325.74 .00 MOJARRO, ANDREW 3082 V379683 3,517.76 .00 MOORE, FRANK 3486 V379684 1,800.95 .00 MYLLES, JOSHUA 279 V379685 1,962.36 .00 PRECIADO, CAMDEN 134 V379686 2,196.75 .00 SANCHEZ, JUAN 4617 V379687 2,192.28 .00 SPEAR, ANTHONY 5011 V379688 2,775.04 .00 STEPHENSON, MARK 5122 V379689 2,685.67 .00 TAVARES, JAMEY 5231 V379690 1,781.82 .00 ALVAREZ, CARLOS 136 V379691 2,360.32 .00 DAHL, TERRY 1084 V379692 2,639.08 .00 DOMINGUEZ, KEVIN 565 V379693 1,907.81 .00 ELLIOT, JAYLEN 569 V379694 1,272.53 .00 ESPINO, KEVIN 517 V379695 2,369.17 .00 GARCIA ORTEGA, JOSE 1636 V379696 2,189.19 .00 GRIMES, DAVID 1881 V379697 1,827.73 .00 GUZMAN, KEVIN 132 V379698 2,487.30 .00 KOSS, MICHAEL 2718 V379699 3,500.41 .00 MARTINEZ, GABRIEL 3139 V379700 2,503.80 .00 MELLADO, KIM 3289 V379701 2,663.07 .00 MERROW, MATTHEW 3316 V379702 2,183.85 .00 OTTEN, DAVID 3869 V379703 3,423.95 .00 PORTER, JEFFREY 4174 V379704 3,227.35 .00 RODRIGUEZ, EDWARD 4479 V379705 1,802.09 .00 RUIZ, ALEJANDRO 416 V379706 2,191.58 .00 TORRES, SALVADOR 234 V379707 2,314.39 .00 WELLS, ANTHONY 5610 V379708 1,272.53 .00 YANEZ, ANDREW 521 V379709 333.88 .00 AVERELL, ANDREW 349 V379710 2,645.26 .00 CAMPIZTA, ADAM 225 V379711 2,590.80 .00 DE LA CRUZ, RICARDO 558 V379712 4,665.35 .00 MACIAS, RAYMOND 2998 V379713 2,550.91 .00 WEAR, JOHN 5606 V379714 6,655.09 .00 BOX, JAMES 576 V379715 1,238.69 .00 CHAVEZ, ARIANA 788 V379716 1,961.52 .00 CONTRERAS, SAUL 95 V379717 3,404.78 .00 KURATA, DALE 2749 V379718 2,418.74 .00 MARTINEZ, SERENA 3147 V379719 2,186.88 .00 MOMPELLER, JUSTICE 443 V379720 1,023.66 .00 SANCHEZ, CHRISTOPHER 236 V379721 2,441.38 .00 SANCHEZ-REYES, KEVIN 83 V379722 3,335.58 .00 SAUCEDA, MARK 4642 V379723 1,039.69 .00 ALVARADO, ADRIAN 89 V379724 635.42 .00 BAHENA, PEDRO 148 V379725 413.83 .00 BARENG, KATHERINE 33 V379726 522.72 .00 BELCHER-HALL, JACOB 333 V379727 60.99 .00 CARVENTE, GIANJAVIER 334 SUNGARD PUBLIC SECTOR PAGE NUMBER: 7 DATE: 10/17/2024 CITY OF BUENA PARK PAYREP83 TIME: 10:39:03 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='MS2'
ALL CHECKS
V379728 380.33 .00 CISNEROS, MICHELLE 812 V379729 165.53 .00 DURGIN, JAYLIND 186 V379730 17.42 .00 ESCAMILLA PATRICIO, DANIELLE 534 V379731 313.63 .00 FERNANDEZ, GISSEL 330 V379732 527.09 .00 GARCIA, MICHELE 171 V379733 261.36 .00 GONZALEZ, ISAAC 294 V379734 320.55 .00 GONZALEZ, LUIS 1780 V379735 243.94 .00 GRANADOS, REGINA 145 V379736 365.91 .00 GRANDE, DANIELLE 124 V379737 674.71 .00 GUERRA, ATHZIRI 141 V379738 574.67 .00 GUERRA, ROCCO 44 V379739 248.30 .00 GUILLEN, JAYDEN 339 V379740 567.86 .00 GUTIERREZ, MICHELLE 1925 V379741 273.15 .00 HERNANDEZ, KATE 2091 V379742 621.46 .00 HOLLOWAY, ELIZABETH 2185 V379743 117.62 .00 JUBRAN, NOAH 127 V379744 261.36 .00 LEWIS, ALEC 266 V379745 582.98 .00 MAGANA, ADAM 173 V379746 1,060.96 .00 MORENO, ANDREW 161 V379747 95.83 .00 NGHIEM, NATALIE 249 V379748 209.09 .00 NGUYEN, KEVIN 299 V379749 658.90 .00 OCHOA, ALAN 192 V379750 627.74 .00 ONTIVEROS, IZABELLA 3864 V379751 364.72 .00 RIVERA GOMEZ, YAMILEX 4432 V379752 461.74 .00 RODRIGUEZ, KAREN 538 V379753 95.83 .00 RODRIGUEZ, MIKAYLA 295 V379754 65.35 .00 ROQUE, KATRINA 38 V379755 627.59 .00 RUIZ, LUIS 527 V379756 1,046.53 .00 RUSSELL, JEFFREY 150 V379757 233.59 .00 SALDANA, JONATHAN 4625 V379758 619.77 .00 SANCHEZ, NATHAN 504 V379759 444.31 .00 SOLTERO, JESSE 177 V379760 557.14 .00 SORIA, NOAH 5004 V379761 881.36 .00 STRICKLER, LINDA 5135 V379762 322.35 .00 TAPIA, ANGELICA 306 V379763 409.47 .00 THANKESWARAN, HASHMITHAA 543 V379764 821.78 .00 THOMSEN, MATTHEW 194 V379765 2,639.66 .00 VAN SICKLE, MICHELLE 2076 V379766 897.38 .00 VAZQUEZ, OSCAR 152 V379767 694.84 .00 VELOZ, SABRINA 146 V379768 348.48 .00 WONGSUPHAKPHAN, BRIANNA 337 V379769 284.96 .00 AHANYA, PRISHA 208 V379770 659.94 .00 CATAN, KYLIE ROSE 185 V379771 152.31 .00 CLOCK, AUDREY 201 V379772 510.95 .00 DIXON, DAVONNE 563 V379773 163.07 .00 GALLEGOS, INARI 572 V379774 19.65 .00 GLYNN, FIONA 115 V379775 471.85 .00 GODFREY, RILEY 4 V379776 423.92 .00 GONZALEZ, EMBERLY 204 V379777 255.47 .00 POTTER, ALEXANDRA 564 V379778 1,250.31 .00 RODRIGUEZ, PERLA 4488 V379779 565.65 .00 ROMERO, SYDNEY 14 V379780 928.08 .00 SINGH, YASHPREET 48 V379781 1,003.42 .00 SMITH, JOHN 210 V379782 535.55 .00 TORRES, INEZ 296 V379783 226.00 .00 TRAN, KYLE 304 SUNGARD PUBLIC SECTOR PAGE NUMBER: 8 DATE: 10/17/2024 CITY OF BUENA PARK PAYREP83 TIME: 10:39:03 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='MS2'
ALL CHECKS
V379784 49.30 .00 VACA, SARAH 311 V379785 814.53 .00 AGUILAR, KALVIN 23 V379786 243.94 .00 BARTOLO, BRYAN 338 V379787 1,239.75 .00 BUSTAMANTE VALLADARES, DIANA 285 V379788 892.43 .00 CABUSAO, NINA MARINELLA 729 V379789 415.50 .00 CASTILLO, DARLENE 119 V379790 952.03 .00 CERVANTES, BRIANA 757 V379791 800.99 .00 CHOATE, RACHAEL 511 V379792 2,686.84 .00 DAVIS, TANIKKA 1082 V379793 691.04 .00 DELGADO, ISABEL 502 V379794 2,113.28 .00 GILLIAM, VERONICA 218 V379795 776.43 .00 GUZMAN, NADINE 1917 V379796 773.66 .00 HONG, YI 2189 V379797 3,262.53 .00 HURTADO, MARIA 353 V379798 1,239.14 .00 LARIZ RUBALCAVA, CARLOS 429 V379799 2,236.14 .00 MARQUEZ PINEDO, ANALISA 3118 V379800 461.74 .00 MARTINEZ, JEFFREY 535 V379801 1,017.69 .00 MEGGINSON, MARK 562 V379802 858.93 .00 MENDOZA, GISELLE 522 V379803 505.30 .00 MORISON, MATTHEW 243 V379804 2,522.47 .00 NIELSEN, ROSEMARY 3760 V379805 946.62 .00 ORTIZ, YAHAIRA 241 V379806 683.39 .00 RUFINO, JACOB 528 V379807 330.05 .00 RUIZ, ANA 4591 V379808 496.59 .00 SOSA, ELIANNA 341 V379809 578.83 .00 VALDEZ, NATALIA 46 V379810 450.79 .00 VEGA-MATA, PEDRO 278
PAYRUN TOTAL
CHECK: 413 1,072,039.57 .00
TOTAL
CHECKS: 413 1,072,039.57 .00
City of Buena Park
City Council Regular Meeting Agenda Report
C. PROCLAMATION RECOGNIZING OCTOBER 20 - 26, 2024 AS CHILDHOOD LEAD POISONING PREVENTION WEEK
Meeting
Tuesday, October 22, 2024, 5:00 PM
Agenda Group
CONSENT CALENDAR Item: 4C.
Presented By Prepared By
Angelica Lopez
RECOMMENDED ACTION
Approve Proclamation.
Attachments
Childhood Lead Poisoning Prevention.pdf
CHILDHOOD LEAD POISONING PREVENTION WEEK
OCTOBER 20-26, 2024
WHEREAS, this year October 20-October 26, 2024, has been designated as Childhood Lead Poisoning Prevention Week; and,
WHEREAS, the OC Health Care Agency’s Public Health Services acknowledges that in 2022, a total of 376,007 children under age six in California were tested for lead exposure, which is harmful to children under the age of six; and,
WHEREAS, reducing lead exposure remains a public health priority. In 2022, it is estimated that 418,681 children in California were tested for lead exposure which may occur through sources such as paint, dust, soil, and water. Other items that may contain lead include toys, household items and certain foods. Even small amounts of lead in the body can adversely impact intelligence quotient (IQ), ability to pay attention, and academic achievement; and,
WHEREAS, in 2022, Orange County reported 472 of the 24,680 children under the age of six screened for lead had increased blood lead levels, increasing the need for the OC Health Care Agency to work collaboratively to increase education efforts and lead screening for children under the age of six in the community; and,
WHEREAS, the OC Health Care Agency works collaboratively with healthcare providers, parents, and community partners to ensure that children are screened for elevated blood lead levels. The OC Health Care Agency, through the Childhood Lead Poisoning Prevention Program and coordinated efforts with Orange County cities, remains committed to increasing community awareness about lead hazards and lead poisoning prevention methods to promote healthy families in the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK does hereby proclaim October 20 - 26, 2024 as “CHILDHOOD LEAD POISONING PREVENTION WEEK”. Screening children to identify and mitigate risks is critical. The HCA’s Childhood Lead Poisoning Prevention Program and the City of Buena Park encourage all parents and caregivers of children under the age of six years to ask their child’s medical provider about their risk for lead exposure and if a blood lead test is needed.
PASSED AND ADOPTED this 22nd day of October 2024.
Susan Sonne
Mayor
Joyce Ahn
Vice Mayor
Arthur C. Brown
Council Member
Connor Traut
Council Member
City of Buena Park
City Council Regular Meeting Agenda Report
D. FINAL PAYMENT TO M.J. ELLS CONSTRUCTION, INC. FOR THE STAGE STOP BUILDING REPAIR PROJECT Meeting
Tuesday, October 22, 2024, 5:00 PM
Agenda Group
CONSENT CALENDAR Item: 4D.
Presented By
Jason Tran, E.I.T., Assistant Engineer
Prepared By
Mina Mikhael, Director of Public Works/City Engineer
Approved By
Aaron France, City Manager
RECOMMENDED ACTION
1) Accept the project as complete and approve a final payment to M.J. Ellis Construction, Inc. in the amount of $6,561.50; and 2) Direct the Public Works Department to file a Notice of Completion.
PREVIOUS CITY COUNCIL ACTION
On July 23, 2024, the City Council approved a contract with M.J. Ells Construction, Inc. in the amount of $65,615 for the Stage Stop Building Repairs Project.
DISCUSSION
At the end of April 2024, the City’s Stage Stop Building sustained fire damage. In response, the City solicited and reviewed proposals from multiple vendors for the restoration of the building and mitigation of fire-related odors.
Staff proceeded with awarding the project to M.J. Ells Construction, Inc. The Stage Stop building houses Visit Buena Park (VBP) staff as well as two tenants: the North Orange County Chamber of Commerce (NOCCOC) and the Buena Park Collaborative. These occupants were displaced due to the state of the building. To facilitate prompt scheduling and timely completion of this project, pursuant to Sections 3.28.080 (emergency purchases) and
3.28.100 (informal bidding), the City Manager authorized both service providers to mobilize and commence work subject to finalizing of the contract documents.
The Stage Stop Building Repair Project has been completed. The scope of work performed by M.J. Ells Construction, Inc. included repairing all physical damages such as drywall, framing, doors, doorjambs, and painting the repaired areas.
Contract Dates
Advertisement: June 4, 2024
Contract Awarded: July 23, 2024
Notice to Proceed: August 5, 2025
Work Completed: September 11, 2024
The contractor has submitted a bill for work completed as of September 11, 2024. All items, quantities, and prices have been checked and found to be in accordance with the contract documents. The final payment is in the amount of $6,561.50. The final contract cost for this project is $65,615. This amount is the exact amount of the approved construction project budget. An analysis of expenditures is listed in Appendix “A” – Capital Improvement Project Final Report.
It is hereby recommended that the City Council accept the project as complete and turn the public facility over to City forces for maintenance and operation.
BUDGET IMPACT
The final cost of the project is $65,615. This project is funded by the Liability Claim Payments Account (Account No. 63-107420-6630).
Attachments
Att 1 of 3 Finance Department Memorandum - Stage Stop Building Repair.pdf Att 2 of 3 Appendix A - Stage Stop Building Repair.pdf
Att 3 of 3 Final Invoice.pdf
MEMORANDUM
Department of Public Works
DATE: October 22, 2024
TO: Adrian Garcia, Finance Manager
FROM: Mina Mikhael, P.E., Director of Public Works / City Engineer
SUBJECT: Stage Stop Building Repair Project
Amount: $6,561.50 Account No.: 63-107420-6630
Purchase Order: 250054
Contractor: M.J. Ells Construction, Inc.
6896 Oran Circle
Buena Park, CA 90621
Payment Process Date per City Schedule: 10/30/2024
RECOMMENDATION:
It is recommended that the Finance Officer issue a warrant for the final payment on this contract.
CERTIFICATION:
This is to certify that the subject project has been completed satisfactorily. The contractor has submitted final bill for the completed work and is entitled to to tal to date payment in the amount of $6,561.50 (attached). Bid items, quantities and prices have been checked through this department and are found to be accurate in accordance with the contract documents. A copy of the final report is attached for your f ile. A “Notice of Completion” will be filed by the Public Works upon approval of the City Council. Final Payment represents 100% completion to date.
C: Joe Hunt, Public Works Manager
Gloria Hernandez, Account Clerk
CONTRACT
Original Construction Contract Amount $65,615.00
Council Approved Construction Contingency Funds N/A
Approved Construction Contract Amount $65,615.00
CONTRACT ADJUSTMENTS
Contract Change Orders
Total Contract Adjustments N/A
CONTRACT EXPENDITURES
Previous Payments
Value of Work Done Previously $59,053.50
Retention Held Previously $0.00
Less Previous Payments $59,053.50
Final Payment
Value of Work Done This Period $6,561.50
Retention Held This Period $0.00
Total Amount Due This Payment $6,561.50
PROJECT SUMMARY
Original Construction Contract Amount $65,615.00
Total Construction Contract Adjustment N/A
Revised Construction Contract $65,615.00
Approved Construction Contract Amount $65,615.00
Amount Over/Under the Approved Construction Contract Amount $0.00 Percentage Over/Under the Approved Construction Contract Amount 0.0%
STAGE STOP BUILDING REPAIRS
Appendix "A" - Project Final Report
DEPARTMENT OF PUBLIC WORKS
City of Buena Park
City Council Regular Meeting Agenda Report
E. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR
TREE TRIMMING
Meeting
Tuesday, October 22, 2024, 5:00 PM
Agenda Group
CONSENT CALENDAR Item: 4E.
Presented By
Joe Hunt, Public Works Manager
Prepared By
Mina Mikhael, Director of Public Works/City Engineer
Approved By
Aaron France, City Manager
RECOMMENDED ACTION
1) Approve Amendment No. 1 to Professional Services Agreement (PSA) 21-40 with West Coast Arborists, Inc. for tree trimming services in the amount of $340,000; 2) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; 3) Authorize the City Manager and City Clerk to execute the agreement; and, 4) Approve a budget amendment in the amount of $20,500 from the undesignated General Fund balance.
PREVIOUS CITY COUNCIL ACTION
On November 9, 2021, the City Council authorized a three-year agreement with West Coast Arborists, Inc. for approximately $225,000 per year, depending on the nature and scope of tree trimming services requested, with the option to renew for two one-year extensions.
On October 8, 2024, the City Council gave direction for staff to prepare an ordinance that would require the City and its contractors to utilize electric-powered landscaping equipment. This item is expected to be presented to the City Council for approval in early 2025.
DISCUSSION
West Coast Arborists, Inc. (WCA) has provided the City of Buena Park with tree trimming services for over 30 years.
Tree trimming services include trimming, pruning, tree removal, and stump removal within parkways, medians, City facilities and parks. WCA also hosts a computerized tree inventory of all public trees, which includes dates and details of when each tree is trimmed, the condition of the tree, and the monetary value of the tree. This inventory is routinely utilized and updated by both WCA and City staff, and is a critical part of Public Works Department risk management practices. WCA also plants trees for the City.
WCA has increased rates for routine work by approximately 2.5% since 2021, which is within the Consumer Price Index (CPI). Due to consideration of a proposed ordinance requiring the City and its contractors to utilize electric- powered landscaping equipment, staff requested WCA also include on their rate sheet the option for the City to request work be completed utilizing electric-powered equipment instead of gas-powered equipment, where possible. Under the proposed rate structure, the City would pay a 15% premium on work utilizing electric-powered equipment, if directed to by the City Council.
BUDGET IMPACT
The estimated annual cost of the agreement is between approximately $300,000 to $340,000. Utilizing gas- powered equipment, the cost is approximately $300,000 and utilizing electric-powered equipment the cost is approximately $340,000. The current General Fund budget breakdown for tree trimming services is as follows:
Right-of-Way Tree Maintenance Account (11-6240-560641): $215,000 - $247,000 Tree trimming and removal Right-of-Way Tree Maintenance Account (11-6240-560641): $30,000 Tree planting Park Facility Maintenance Account (11-6240-860810): $55,000 - $63,000 Tree trimming and removal Staff recommends a budget amendment allocating an additional $4,000 to Park Facility Maintenance Account 11- 6240-860810 and an additional $16,500 to Right-of-Way Tree Maintenance Account 11-6240-560641 from the General Fund to cover potential increased costs associated with utilizing electric-powered equipment for the remainder of FY 2024-25. The remainder of the increased costs will be incorporated into future budgets.
Attachments
Amendment #1 to PSA 21-40 with West Coast Arborists.pdf Buena Park - WCA Proposed Rates 2024-25.pdf
Exhibit A - Scope of Work.pdf
PAGE 1 OF 2
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH WEST COAST ARBORISTS, INC.
This Amendment to Professional Services Agreement (“Amendment”) dated October 22, 2024, and is between the City of Buena Park, a California municipal corporation (“CITY”) and West Coast Arborists, Inc. , a California Corporation (“CONSULTANT”). CITY and CONSULTANT are at times referred to herein jointly as the “Parties” and individually as a “Party.”
WHEREAS, the Parties previously entered into that certain Professional Services Agreement dated November 9, 2021, (the “Agreement”), pursuant to which CITY contracted with CONSULTANT to provide the “Services” defined in the Agreement;
WHEREAS, the Parties now desire to amend the Agreement to [DESCRIBE NATURE OF AMENDMENT], subject to the terms and conditions set forth in this Amendment.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. TERM. The term of this Amendment shall commence on December 1, 2024, and shall remain in full force and effect until November 30, 2025, unless extended upon the mutual written agreement of the Parties or earlier terminated pursuant to Section 16.2 of the Agreement.
2. SERVICES: Subject to the terms and conditions in this Amendment, CONSULTANT shall provide to CITY those services that are specifically described in Exhibit “A” to this Amendment (the “ Additional Services”). CITY may request changes or expansion of the Additional Services (each a “ Modification”) and in such cases the Modification to the Additional Services, and any resulting increase or decrease in the Compensation to be paid CONSULTANT and/or any changes to the Schedule of Performance (defined below), shall be documented in a written amendment to this Agreement. Increases or decreases in Compensation resulting from any Modification to the Additional Services shall be based on the rate specified in the Compensation Schedule (defined below), or if not specified in the Compensation Schedule at then -applicable prevailing market rate charged by CONSULTANT to other customers for the same service.
3. SCHEDULE OF PERFORMANCE: CONSULTANT shall commence providing the Additional Services covered by this Amendment upon receipt of a written “Notice to Proceed” from the City Representative and CONSULTANT shall proceed only to the extent of such authorization. CONSULTANT shall perform all Additional Services in the time required by the schedule of performance described in Exhibit “A” (“ Schedule of Performance”), or if not specified in the Schedule of Performance i n a timely and diligent manner reasonably acceptable to CITY.
4. INCORPORATION. Except as expressly amended herein this Amendment, all other terms and provisions of the Agreement shall govern this Amendment and remain in full force and effect, being deemed incorporated fully herein by this reference.
PAGE 2 OF 2
CITY OF BUENA PARK CONSULTANT a California Municipal Corporation
Name of Business
BY:
Aaron France, City Manager Signature
Print Name
ATTEST:
BY:
Adria M. Jimenez, MMC, City Clerk
APPROVED AS TO FORM:
BY:
Christopher Cardinale, City Attorney
PAGE 1 OF 2
EXHIBIT A
1) ADDITIONAL SERVICES. CONSULTANT shall provide to CITY the following Additional Services:
2) SCHEDULE OF PERFORMANCE. CONSULTANT shall perform all Additional Services in compliance with the following Schedule of Performance:
See Exhibit A: Existing Agreement
In addition to Exhibit A, CONSULTANT will utilize electric-powered landscaping equipment upon request of City.
See Exhibit A; Existing Agreement
PAGE 2 OF 2
3) COMPENSATION SCHEDULE. CONSULTANT shall be paid for performing the Additional Services at the follow rates:
1 Routine Full Prune 0-6 DBH Each $41.00
2 Routine Full Prune 7-18 DBH Each $61.50
3 Routine Full Prune 19-30 DBH Each $92.25
4 Routine Full Prune 31-36 DBH Each $153.75
5 Routine Full Prune >36 DBH Each $307.50
6 Routine Clearance Prune 0-6 DSH Each $30.75
7 Routine Clearance Prune 7-18 DSH Each $35.85
8 Routine Clearance Prune 19-36 DSH Each $41.00
9 Routine Clearance Prune >36 DSH Each $51.25
10 Routine Palm Prune - other spp Each $61.50
11 Routine Date Palm Prune Each $133.25
12 Routine Date Palm Shape Linear Foot $92.25
13 Routine Fan Palm Skin Linear Foot $15.35
14 Routine Palm Trunk Clean Linear Foot $15.35
15 Routine Palm Fruit Removal Each $61.50
16 Routine Tree & Stump Removal Inch $36.90
17 Routine Tree Only Removal Inch $26.65
18 Routine Stump Grind Inch $16.40
19 Routine Plant 15 Gallon Tree Each $169.10
20 Routine Plant 24" Box Tree Each $353.60
21 Extraordinary Full Prune 0-6 DBH Each $82.00
22 Extraordinary Full Prune 7-18 DBH Each $256.25
23 Extraordinary Full Prune 19-30 DBH Each $435.60
24 Extraordinary Full Prune 31-36 DBH Each $615.00
25 Extraordinary Full Prune >36 DBH Each $845.60
26 Contaminated Matl Disposal - ton Each $102.50
27 Risk Assessment Report Man Hour $164.00
28 Canopy Spray - ground Inch $6.15
29 PGR Trunk Banding Inch $6.15
30 PHC Specialist Man Hour $153.75
31 PHC Technician Man Hour $102.50
32 Senior Tree Trimmer Man Hour $102.50
33 Supervisor Man Hour $102.50
34 Tree Trimmer Man Hour $102.50
35 Grounds Person Man Hour $102.50
36 Operating Engineer Man Hour $153.75
37 Aerial Lift - 43-55' Hour $25.60
38 Aerial Lift - 75' Each $76.85
39 Aerial Lift - 60-70' Hour $51.25
40 Aerial Lift - 80-90' Hour $102.50
41 Box/Chip Truck Hour $25.60
42 Brush Chipper Hour $25.60
43 Utility Vehicle Hour $25.60
44 Stump Grinder Hour $25.60
45 Root Pruner Hour $25.60
46 Stake Bed Truck Hour $25.60
47 Dump Truck Hour $25.60
48 Roll Off Truck Hour $102.50
49 Loader Hour $51.25
50 Crane Hour $205.00
51 Arrowboard Hour $51.25
52 Daily Crew - 3 mn w/eqpt Day $2,767.50
53 Crew Rental Man Hour $102.50
54 ER Response - bus hrs, 2 hr min Hour $461.25
55 ER Response - after hrs, 4 hr min Hour $461.2
WCA agrees to hold the rates the same for Contract Year 2024-2025 through November 30, 2025. Should the City require our firm to utilize electric tools, then the unit rates will increase by 15% for that specific work type 1 Routine Full Prune 0-6 DBH
Each
$41.00
2 Routine Full Prune 7-18 DBH
Each
$61.50
3 Routine Full Prune 19-30 DBH
Each
$92.25
4 Routine Full Prune 31-36 DBH
Each
$153.75
5 Routine Full Prune >36 DBH
Each
$307.50
6 Routine Clearance Prune 0-6 DSH
Each
$30.75
7 Routine Clearance Prune 7-18 DSH
Each
$35.85
8 Routine Clearance Prune 19-36 DSH
Each
$41.00
9 Routine Clearance Prune >36 DSH
Each
$51.25
10 Routine Palm Prune - other spp
Each
$61.50
11 Routine Date Palm Prune
Each
$133.25
12 Routine Date Palm Shape
Linear Foot
$92.25
13 Routine Fan Palm Skin
Linear Foot
$15.35
14 Routine Palm Trunk Clean
Linear Foot
$15.35
15 Routine Palm Fruit Removal
Each
$61.50
16 Routine Tree & Stump Removal
Inch
$36.90
17 Routine Tree Only Removal
Inch
$26.65
18 Routine Stump Grind
Inch
$16.40
19 Routine Plant 15 Gallon Tree
Each
$169.10
20 Routine Plant 24" Box Tree
Each
$353.60
21 Extraordinary Full Prune 0-6 DBH
Each
$82.00
22 Extraordinary Full Prune 7-18 DBH
Each
$256.25
23 Extraordinary Full Prune 19-30 DBH
Each
$435.60
24 Extraordinary Full Prune 31-36 DBH
Each
$615.00
25 Extraordinary Full Prune >36 DBH
Each
$845.60
26 Contaminated Matl Disposal - ton
Each
$102.50
27 Risk Assessment Report
Man Hour
$164.00
28 Canopy Spray - ground
Inch
$6.15
29 PGR Trunk Banding
Inch
$6.15
30 PHC Specialist
Man Hour
$153.75
31 PHC Technician
Man Hour
$102.50
32 Senior Tree Trimmer
Man Hour
$102.50
33 Supervisor
Man Hour
$102.50
34 Tree Trimmer
Man Hour
$102.50
CITY OF BUENA PARK
Item
Schedule of Compensation for Year 2024 - 2025
Tree Maintenance Services performed by WCA, Inc.
Description
Unit
Proposed Prices
Printed on: 9/16/2024 3:17:09 PM
35 Grounds Person
Man Hour
$102.50
36 Operating Engineer
Man Hour
$153.75
37 Aerial Lift - 43-55'
Hour
$25.60
38 Aerial Lift - 75'
Each
$76.85
39 Aerial Lift - 60-70'
Hour
$51.25
40 Aerial Lift - 80-90'
Hour
$102.50
41 Box/Chip Truck
Hour
$25.60
42 Brush Chipper
Hour
$25.60
43 Utility Vehicle
Hour
$25.60
44 Stump Grinder
Hour
$25.60
45 Root Pruner
Hour
$25.60
46 Stake Bed Truck
Hour
$25.60
47 Dump Truck
Hour
$25.60
48 Roll Off Truck
Hour
$102.50
49 Loader
Hour
$51.25
50 Crane
Hour
$205.00
51 Arrowboard
Hour
$51.25
52 Daily Crew - 3 mn w/eqpt
Day
$2,767.50
53 Crew Rental
Man Hour
$102.50
54 ER Response - bus hrs, 2 hr min
Hour
$461.25
55 ER Response - after hrs, 4 hr min
Hour
$461.25
WCA agrees to hold the rates the same for Contract Year 2024-2025 through November 30, 2025. Should the City require our firm to utilize electric tools, then the unit rates will increase by 15% for that specific work type.
CITY OF BUENA PARK
Item
Schedule of Compensation for Year 2024 - 2025
Tree Maintenance Services performed by WCA, Inc.
Description
Unit
Proposed Prices
Printed on: 9/16/2024 3:17:09 PM
City of Buena Park
City Council Regular Meeting Agenda Report
F. CONTRACT WITH SOCALREN AND WATER HEATER WAREHOUSE FOR WATER HEATER REPLACEMENTS AT
VARIOUS CITY FACILITIES
Meeting
Tuesday, October 22, 2024, 5:00 PM
Agenda Group
CONSENT CALENDAR Item: 4F.
Presented By
Joe Hunt, Public Works Manager
Prepared By
Mina Mikhael, Director of Public Works/City Engineer
Approved By
Aaron France, City Manager
RECOMMENDED ACTION
1) Approve participation in the Southern California Regional Energy Network (SoCalREN) incentive program to replace six City water heaters with energy efficient heat pump water heaters; 2) Adopt a resolution waiving competitive bidding and authorizing a contract with SoCalREN's preferred contractor, The Water Heater Warehouse, LLC; 3) Authorize the City Manager and City Attorney to make any necessary non-monetary changes to the contract; 4) Authorize the City Manager and City Clerk to execute a contract with Water Heater Warehouse in an amount not to exceed $151,239.21, of which $137,303.34 is to be paid directly through the SoCalREN incentive program, $10,835.87 to be paid by the City of Buena Park, and $3,100 to be paid by the TECH Clean California incentive program; and 5) Authorize the City Manager to take such other actions as are reasonably necessary or required to participate in the incentive program and complete the project.
PREVIOUS CITY COUNCIL ACTION
None.
DISCUSSION
The City of Buena Park is committed to improving sustainability, with dedicated efforts across its departments and leadership to help reduce the City’s greenhouse gas (GHG) emissions. The City is currently developing its first Climate Action and Adaptation Plan to serve as the City’s strategic plan to reduce GHG emissions and to adapt to the effects brought onto the City by climate change. In alignment with this plan, the City has collaborated with the Southern California Regional Energy Network (SoCalREN) to implement strategies and projects to reduce GHG emissions within the City.
Buena Park enrolled in SoCalREN in March 2017, to access a suite of customizable services, including project management, incentive application, procurement, and other support offerings, to execute energy efficiency projects. In November 2017, Buena Park successfully completed its first project with SoCalREN, a street lighting LED upgrade that saved 172,938 kWh annually and secured $42,617.66 in incentives.
Beginning in 2023, SoCalREN’s Streamlined Savings Pathway began offering a heat pump water heater (HPWH) incentive offering of up to 100% to help public agencies achieve their GHG reduction and decarbonization goals. In 2023 SoCalREN’s HPWH incentive offering installed 87 HPWH units across 18 public agencies, representing $1.4M+ SoCalREN incentives awarded and 3,000 tons of lifetime GHG emissions saved.
In September, 2024, the City and SoCalREN carried out an on-site job walk and identified six prospects for the HPWH incentive offering, including water heaters at the Community Center, Boisseranc Park Pool, Peak Park Pool, Ehlers Event Center, and Heritage Hall. This initiative promises multiple benefits, including cost and energy savings, reduced maintenance costs, and significant strides toward fulfilling the City’s goal to reduce GHG emissions by an estimated 22,189 therms annually, equivalent to 300,264 miles driven by gas-powered cars.
The SoCalREN Streamlined Savings Pathway carefully screened and vetted potential contractors to identify preferred contractors to complete installations for the offering. SoCalREN contacted over 200 contractors, of which five responded with interest in supporting such projects. Of these five, three contractors provided cost quotes and documentation on anticipated equipment lead times. Based on Buena Park’s HPWH installation project scope, Water Heater Warehouse is the recommended supplier, due to its unique inventory availability and competitive pricing. Water Heater Warehouse performed the majority of the program’s 87 HPWH installations in 2023.
By proceeding with Water Heater Warehouse, Buena Park is receiving competitive pricing and is well-positioned to complete project installation before the end of 2024, thereby securing SoCalREN Streamlined Savings Pathway incentives of $137,303.34, which are anticipated to equate to 91% of the total project cost.
This item has been coordinated with the City Attorney and Purchasing Manager.
BUDGET IMPACT
SoCalREN’s incentive program covers 91% of the total cost of completing the scope of work. SoCalREN will directly pay Water Heater Warehouse $137,303.34. Of the remaining $13,935.87, the TECH Clean California incentive program will pay $3,100 directly to Water Heater Warehouse. The City of Buena Park will pay the remaining $10,835.87 to Water Heater Warehouse. Funds are available in the Facilities Maintenance Account (77-6240- 170670).
Attachments
Exhibit A - SoCalRen Reservation Form Water Heater Project.pdf Resolution Waiving Formal Bidding - SoCalRen Project.pdf Public Works Contract - WH Warehouse.pdf
2024Heat PumpWater Heater CashIncentiveReservationForm
For alimitedtime, theSouthernCaliforniaRegional EnergyNetwork(SoCalREN) PublicAgencyPrograms areofferingenhancedincentives for heat pumpwater heater (HPWH) projects that completeconstructionin2024. 1 Completeyour HPWHproject this year, andSoCalRENwill cover upto100%ofeligibleproject costs for facilities inunderservedareas andupto50%of eligibleproject costs for allother eligiblefacilities. Toreserveyour 2024HPWHincentive, completethetablebelowdetailingthemeasures beinginstalledat your facility. Theincentivepayment will bedistributedafter SoCalRENapproves of submittedincentiveapplicationmaterials whichincludepaidinvoices &images of installedequipment.
Agency: TheCityof BuenaPark
Project NameandIncentiveID: BuenaParkVarious HPWH2024, PDP-94-SSPDeemed1 Facilityaddresses andServiceAccount Numbers:
● CommunityCenter 6688BeachBlvd., BuenaPark, CA90621- 8013076081● BoisserancPool 7520DaleSt., BuenaPark, CA90620- 8012981425● PeakPool Womens 7225El DoradoDr., BuenaPark, CA90620- 8012981377● PeakPool Mens 7225El DoradoDr., BuenaPark, CA90620- 8012981377● Senior Center 8150Knott Ave., BuenaPark, CA90620- 8013083068● HeritageHall, 8152Knott Ave., BuenaPark, CA90620- 8013083068 Payeenameandaddress: Water Heater Warehouse1114ETruslowAveFullerton, CA92831 Project energysavings (kWh, therms): -185,795kWh, 22,189therms HighLevel Heat PumpWater Heater Project Details
Scopeof Work
Quantity
EstimatedProject Cost
2 HPWHMaxIncentiveAmount
AgencyAmountDuetoContractor
AnticipatedConstructionCompletionDate
3 CommunityCenter
Plumbing:120-gallonheat pumpwater heater(CHP120), Contractor Labor Hours,fittings, hot andcoldflex,earthquakestraps, drippan, andhaul away/disposal of oldwater 1 $22,180.80 $22,180.80 $0.00 Q42024
3 Constructionmust becompletedin2024toreceivetheincentive. If projects donot completeconstructionby12/31/24,SoCalRENcannot guaranteeincentivepayment. 2 Actual cost quotefromcontractor mandatory.
1 Projects currentlypursuingor that recentlycompletedwater heater upgrades throughutilityor utilitythirdpartyincentiveprograms arenot eligiblefor incentives onthesameequipment throughSoCalREN. 1 heater.
Electrical: Two60AMP/240VCircuit Breakers, Electrical Wiring,Conduit, JunctionBoxesWireNuts, Grounding, Equipment,Circuit Labels, Electrical Tape,Labor 1 $9,625.00 $9,625.00 $0.00
ExpansionTank 1 $375.00 $375.00 $0.00
MixingValve 1 $425.00 $425.00 $0.00
Tax 0 $0.00 $0.00 $0.00
BoisserancPool
Plumbing:80-gallonheat pumpwater heater(BWRE2H80T10), Contractor LaborHours, fittings, hot andcoldflex,earthquakestraps, drippan, andhaul away/disposal of oldwaterheater. 1 $15,208.12 $15,208.12 $0.00
Q42024
Electrical: One30AMP/240VCircuitBreaker, Electrical Wiring, Conduit,JunctionBoxes, WireNuts,GroundingEquipment, CircuitLabels, Electrical Tape, Labor. 1 $4,825.00 $4,825.00 $0.00
ExpansionTank 1 $375.00 $375.00 $0.00
MixingValve 1 $425.00 $425.00 $0.00
Tax 0 $62.00 $62.00 $0.00
PeakPool Womens
Plumbing:50-gallonheat pumpwater heater(BWRE2H50S10), Contractor LaborHours, fittings, hot andcoldflex,earthquakestraps, drippan, andhaul away/disposal of oldwaterheater. 1 $6,999.00 $6,999.00
$0.00 Q42024
Electrical: One30AMP/240VCircuit Breaker, Electrical Wiring,Conduit, JunctionBoxes, WireNuts, GroundingEquipment, 1 $8,972.50 $8,972.50
2 Circuit Labels, Electrical Tape,Labor.
ExpansionTank 1 $375.00 $375.00 $0.00
MixingValve 1 $425.00 $425.00 $0.00
Tax 1 $62.00 $62.00 $0.00
PeakPool Mens
Plumbing:80-gallonheat pumpwater heater(BWRE2H80T10), Contractor LaborHours, fittings, hot andcoldflex,earthquakestraps, drippan, andhaul away/disposal of oldwaterheater. 1 $15,208.12 $15,208.12 $0.00
Q42024
Electrical: One30AMP/240VCircuitBreaker, Electrical Wiring, Conduit,JunctionBoxes, WireNuts,GroundingEquipment, CircuitLabels, Electrical Tape, Labor. 1 $8,972.50 $8,972.50 $0.00
ExpansionTank 1 $375.00 $375.00 $0.00
MixingValve 1 $425.00 $425.00 $0.00
Tax 1 $62.00 $62.00 $0.00
Senior Center
Plumbing:120-gallonheat pumpwater heater(CHP120), Contractor Labor Hours,fittings, hot andcoldflex,earthquakestraps, drippan, andhaul away/disposal of oldwaterheater. 1 $22,180.80 $22,180.80 $0.00
Q42024
Electrical: One60AMP/240VCircuit Breakers, Electrical Wiring,Conduit, JunctionBoxesWireNuts, Grounding, Equipment,Circuit Labels, Electrical Tape,Labor 1 $10,062.00 $10,062.00 $0.00
ExpansionTank 1 $375.00 $375.00 $0.00
MixingValve 1 $425.00 $425.00 $0.00
3 T ax 0 $62.00 $62.00 $0.00
Heritage Hall
Plumbing:
50-gallon heat pump water heater
(BWRE2H50S10), Contractor Labor
Hours, fittings, hot and cold flex,
earthquake straps, drip pan, and
haul away/disposal of old water
heater.
1 $6,999.00 $3,499.5.0 $3,499.50
Q4 2024
Electrical: One 30 AMP/240V
Circuit Breaker, Electrical Wiring,
Conduit, Junction Boxes, Wire
Nuts, Grounding Equipment,
Circuit Labels, Electrical T ape,
Labor.
1 $9,844.00 $4,922.00 $4,922.00
Expansion T ank 1 $375.00 $187.50 $187.50
Mixing Valve 1 $425.00 $212.50 $212.50
T ax 1 $0.00 $0.00 $0.00
100% faithful performance bond &
100% labor and material bond on
project
1 $5,114.37 $0.00 $5,114.37
TOTAL $151,239.21 $137,303.34 $13,935.37 Q4 2024
The agency acknowledges that if the approved eligible HPWH equipment outlined on this form is not installed, all incentives will be forfeited.
For internal program use only
Date Received: 10/16/2024 ⬜Approved ⬜Unapproved
4 x
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF BUENA
PARK, CALIFORNIA, WAIVING FORMAL BIDDING AND APPROVING
ALTERNATIVE BIDDING PROCEDURES FOR A HEAT PUMP WATER
REPLACEMENT PROJECT IN PARTNERSHIP WITH THE SOUTHERN
CALIFORNIA REGIONAL ENERGY NETWORK
WHEREAS, the Southern California Regional Energy Network (SoCalREN) supports member agency participation in its Streamlined Savings Pathway Incentive Program for the replacement of heat pump water heaters (the “Incentive Program”);
WHEREAS, SoCalREN’s Incentive Program has resulted in the installation of 87 heat pump water heater (“HPWH”) replacements across various public agencies in the region, representing an investment of over $1.4MM in SoCalREN incentives and resulting in 3,000 tons of lifetime GHG emissions saved;
WHEREAS, the City of Buena Park (“City”) and SoCalREN have identified six (6) City- owned facilities that include HPWH’s that qualify for replacement under the SoCalRen Incentive Program, as the specific facilities, locations, and scope of work is more specifically described in the 2024 SoCalREN Heat Pump Water Heater Cash Incentive Reservation Form that is attached hereto as Exhibit “A” (the “Project”);
WHEREAS, SoCalREN has previously screened and vetted over 200 contractors to complete installations for the Incentive Program, and Water Heater Warehouse – located at 1114 E. Truslow Avenue, Fullerton, California (“WH Warehouse”) – has been identified by SoCalREN as the preferred and recommended contractor to perform the Project due to its unique inventory availability, competitive pricing, and proximity to the City, and WH Warehouse ’s successful performance of the majority of WPWH replacements completed under SoCalREN ’s Incentive Program;
WHEREAS, WH Warehouse has provided a bid for the Project at a total cost of $151,239.21, of which $137,303.34 qualifies for direct payment and reimbursement by SoCalREN under the Incentive Program meaning that completing the Project will require minimal City funds; and
WHEREAS, Sections 3.28.110(E) and 3.28.130 of the Buena Park Municipal Code authorizes the the City Council to waive the formal competitive bidding procedures that otherwise apply to the selection of a contractor or vendor where the best interest of the City would be served thereby.
NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL FOR THE CITY OF BUENA PARK AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and incorporated as substantive findings into this resolution.
SECTION 2. Pursuant to Sections 3.28.110(E) and 3.28.130 of the Buena Park Municipal Code, the City Council for the City of Buena Park hereby waives formal competitive bidding and awards a contract for the Project to WH Warehouse, subject to and under the terms and conditions of the SoCalREN’s Incentive Program. The City Manager is authorize d and directed to: prepare and execute such contracts or documents , or take such actions on the City’s behalf , as may be required or reasonably necessary for the City to participate in the SoCalREN Incentive Program ; and prepare and execute a standard form public works contract with WH Warehouse to perform the Work, in a form approved by the City Attorney , the ter ms and conditions of which shall be consisting with this resolution and the Incentive Program guidelines.
SECTION 3. This Resolution shall become effective immediately , and the City Clerk shall certify to its approval.
PASSED, APPROVED and ADOPTED this 22nd day of October, 2024.
AYES: CITY COUNCILMEMBERS:
NOES: CITY COUNCILMEMBERS:
ABSENT: CITY COUNCILMEMBERS:
ABSTAIN: CITY COUNCILMEMBERS:
______________________________________
Mayor
ATTEST:
_______________________________
City Clerk
I, Adria M. Jimenez, MMC, City Clerk of the City of Buena Park , California, do hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council for the City of Buena Park held on the 22nd day of October 2024.
______________________________________
City Clerk
Exhibit “A”
1 CITY OF BUENA PARK CONTRACT
FOR
HEAT PUMP WATER HEATER REPLACEMENT PROJECT – VARIONS LOCATIONS “Project”
Project Number: 145
This CONTRACT (“Contract”) is made and entered this 22nd day of October, 2024 (“Effective Date”), by and between the CITY OF BUENA PARK, a California municipal corporation (“City”) , and WATER HEATER WAREHOUSE, INC., a California corporation with offices located at 1114 E. Truslow Avenue, Fullerton, California, (“Contractor”). Contractor’s California State Contractor’s license number is CSLB #1041460 The Contractor and the City are sometimes referred to herein collectively as the “Parties” and singularly as “Party.”
RECITALS
WHEREAS, the Southern California Regional Energy Network (SoCalREN) is authorized by the California Public Utilities Commission to provide incentives to residents, businesses, and public agencies to reduce energy use throughout the region;
WHEREAS, the City of Buena Park (“City”) submitted a 2024 Heat Pump Wat er heater Cash Incentive Reservation Form to SoCalREN for the replacement of heat pump water heaters with more efficient units at six (6) City-owned facilities;
WHEREAS, after a competitive solicitation process, Contractor was identified by SoCalREN as the recommended supplier and contractor to complete the project due to its unique inventory and availability of equipment, proximity to the City, and competitive pricing; and
WHEREAS, the City desires to enter into this Contract with Contractor to comp lete the project, and except as detailed in Section 3 of this Contract, the cost of the project will be paid for by SoCalREN pursuant to its incentive program upon Contractor’s completion of the work.
NOW THEREFORE, i n consideration of the mutual covenant s hereinafter set forth, the parties hereto agree as follows:
AGREEMENT
1. Contract Documents. The Contract Documents consist of the following, each of which are attached hereto and incorporated herein by this reference:
A. This Contract;
B. The SoCalREN Heat Pump Water Heater Cash Incentive Reservation Form dated October 16, 2024 and attached hereto as Exhibit “A” (“Bid”); E. The Contractor’s Bonds for the Bid and the Project; F. The final working drawings, plans, and specifications for the Project as approved by the City Engineer (“Plans and Specifications”);
G. The City of Buena Park’s Standard Specifications for Public Works Projects, Latest Edition;
2 H. The City of Buena Par k’s Special Provisions for Public Works Projects, Latest Edition;
I. Any and all permits from regulatory agencies with jurisdiction issued for the Project; and
J. Any addenda or change orders for the Project approved by the City subsequent to the Effective Date of this Contract.
2. Scope of Services. Contractor shall perform all Work necessary to complete, in a good and workmanlike manner, a public works project identified in the title of this Contract above (the “Project”), as such Project and the Wo rk to be performed by Contractor is further are described in the Contract Documents.
3. Compensation. In consideration for Contractor’s performance of the Work required to complete the Project hereunder, Contractor shall be paid a total NOT-TO-EXCEED amount of one-hundred fifty-one thousand two-hundred and thirty-nine dollars and twenty-one cents ($156,239.21) in accordance with the prices as submitted in the Bid (“Compensation”). The Compensation shall be the total and complete such payable to Contractor for any and all costs, direct or indirect, of the Contra ctor for provision of the Work and completion of the Project, including but not limited to general and supplementary conditions, performance and payment bonds, Contractor fee for construction, and Contractor overhead and profit, and any other items of cost s, accounting, or expense relating to or arising therefrom.
Compensation shall under no circumstances be increased except via a formal change order approved by the City; and only if such overruns result of additional scope from the City, as opposed to pric e overruns, delays, errors, or omissions. Contractor understands that the City is receiving incentives from SoCalREN in the amount of one-hundred thirty-seven thousand three-hundred and three dollars and thirty-four cents ($137,303.34) and incentives from TECH Clean California in the amount of three-thousand one-hundred dollars ($3,100.00) towards completion of the Project (“Incentive Funds”), and only the remaining $10,835.87 is to be paid directly by City. As consideration for Contractor’s performance of the Work, City authorizes SoCalREN and TECH Clean California to send payment in an amount equal to the Incentive Funds directly to the Contractor for all work faithfully performed.
4. Term of Contract: The Contractor agrees to complete the work to City’s satisfaction within THIRTY (30) WORKING DAYS from the date of written notice to proceed. The Contractor further agrees to the assessment of liquidated damages in the amount of FIVE HUNDRED DOLLARS ($500) for each calendar day the work remains incomplete beyond the expiration of the completion date. The City may deduct the amount thereof from any monies due or that may become due the Contractor under this Contract.
5. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
6. Insurance: The Contractor shall not commence work under this Contract until it has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on a subcontract until all 3 insurance required of its subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance:
A. Compensation Insurance
1. Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that it has taken out full compensation insurance for all persons whom the Contractor may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California.
Such insurance shall be maintained in full force and effect during the period covered by this Contract. Further such policy of insurance sha ll provide that the insurer waives all rights of subrogation against City and its elected officials, officers, employees, volunteers, and agents.
2. In accordance with the provisions of Section 3700 of the California Labor Code, every Contractor shall secure the payment of compensation to his employees.
Contractor, prior to commencing work, shall sign and file with the City, a certification as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.”
B. General Insurance Requirements
1. Types of Coverage. Contractor shall maintain the following insurance coverage throughout the term of this Contract, and upon request Contractor shall show City evidence of such coverage, which may include visual inspection of all policies, copies of declarations page, endorsements signed by an authorized representative of the underwriting company, or certificates of insurance. Insurance coverage shall be provided in the following form:
a. Insurance Services Office Commercial General Liability coverage occurrence form number CG 00 01 11 85 or 88.
b. Automobile Liability insurance with coverage at least as broad as Insurance Services Office Form Number CA 0001 06 92 covering “Any Auto” (Symbol 1).
c. Workers Compensation insurance as required by the State of California and Employer's Liability insurance.
2. Minimum Limits of Insurance. Contractor shall maintain insurance coverage limits no less than:
a. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or 4 other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit, and shal l contain specified language creating a duty to defend against any suit seeking damages.
b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
c. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
C. Deductibles and Self -Insured Retentions. Any deductibles and/or self insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the City, its officers, elected officials, employees, agents, and volunteers; or, the Contractor shall provide a financial guarantee satisfactory to the City, guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The Contractor and City further agree as follows:
1. All insurance coverage and limits provided pursuant to this Contract shall apply to the full extent of the policies involved, available, or applicable. Nothing contained in this Contract or any other agreement relating to the City or its operations limits the application of such insurance coverage. Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Contract.
2. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
3. For any claims related to this Project, the Contractor's insurance coverage shall be primary to any other similar insurance. Any insurance or self-insurance maintained by the City, its officers, employees or volunteers, shall be excess of the Contractor's insurance and shall not contribute with it.
4. The City, its officers, elected officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor and with respect to liability arising out of wor k or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.
5 5. For purposes of insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards, performance of this Contract.
6. All general or auto liability insurance coverage provided pursuant to this Contract, or any other agreements pertaining to the performance of this Contract, shall not prohibit Contractor, and Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor waives its right of subrogation against City.
7. In the event any policy of insurance required under this Contract does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor.
8. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished within 72 hours of the expiration of the coverages.
9. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Contract in no way waives any right or remedy of City or any additional insured, in this or any other regard.
10. All insurance coverage shall contain a provision that prohibits cancellation, modification, or lapse without thirty (30) days' prior written notice from insurer to the City. Contractor agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.
11. All insurance coverage shall include a severability of interests clause substantially similar to the following: "The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made or suit is brought, except with respect to the limit of the insurer's liability."
12. All insurance coverage shall contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days' prior written notice to the City of Buena Park of such cancellation or material change as evidence by a return receipt for a registered letter."
13. All insurance coverage shall cover the operations of the Contractor pursuant to the terms of this Contract.
6 14. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
15. In the event of any loss that is not insured due to the failure of Contractor to comply with these requirements, Contractor agrees to be personally responsible for any and all losses, claims, suits, damages, defense obligations and liability of any kind attributed to City, or City's employees, or any of the additional insureds as a result of such failure.
16. Coverage will not be limited to the specific location or individual or entity designated as the address of the Project.
17. Contractor agrees not to attempt to avoid its defense and indemnity obligations to City and its employees, agents, officials and servants by using as a defense Contractor's statutory immunity under workers' compensation and similar statutes.
18. Contractor agrees to require all parties or subcontractors, including architects or others, with which it enters into contracts or hires pursuant to or related in any way with the performance of this Contract, to provide insurance covering the operations contracted for and naming as additional insureds all parties to this Contract.
Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided as required here.
Contractor agrees that no contract, standard form or otherwise, used by any party in any way connected with this Contract, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this or any other agreement.
E. Acceptability of Insurers. Coverage shall be written by insurers with a current A.M.
Best's rating of no less than "A:VIII," and be admitted to conduct business in the State of California by the Department of Insurance.
F. Verification of C overage. Contractor shall furnish the City with evidence of the insurance required by this Section, satisfactory to City, consisting of original certificates of insurance and amendatory endorsements, and an additional insured endorsement at least as broad as Insurance Services Office form CG 20 10 11 85. The endorsements should be on forms provided by the City or on other than the City's forms or a separate owner’s policy, provided those forms or policies are approved by the City, and amended to conform to the City's requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Contractor agrees to provide complete certified copies of policies to City within 10 days of City's request for said copies.
G. Subcontractors. Contractor shall include all subcontractors or any other party involved in the Project by Contractor as insured under its policies or shall require subcontractors 7 or any other party involved in the Project by Contractor to carry the same insurance as required herein. Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here.
Contractor agrees to require that no contract used by any subcontractor, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Contract. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor contracts with on behalf of City and all certificates of insuranc e obtained in compliance with this paragraph will be submitted to City or review. Failure of City to request copies of such documents will not impose and liability on City, or its employees.
7. Indemnification.
A. Contractor and City agree that City, its employees, officers, agents and elected officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Contract.
Contractor acknowledges that CITY would not have entered into this Contract in the absence of the commitment of Contractor to indemnify and protect City as set forth here.To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected officials, employees, agents, volunteers and officers (“Indemnitees”), from any and all liabilities, claims, suits, actions, arbitration proceedings, administrative proceedings, stop notices, regulatory proceedings, losses, expenses or costs of any kind, actual attorneys fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of, arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the Contractor’s performance of this Contract. All obligatio ns under this provision are to be paid by Contractor as they are incurred by the City.Without affecting the rights of City under any provision of this Contract or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City 's fault accounts for only a percentage of the liability involved.
In those instances, the obligation of Contractor will be all -inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to the conduct of the City. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable t o City, if that liability is other than the sole fault of City. Contractor has no obligation under this Contract for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City.
E. The obligations of Contractor under this or any other provision of this Contract will not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to the 8 Indemnitees. The Contractor’s indemnity obligation set forth in this section shall not be limited by the limits of any policies of insurance required or provided by the Contractor pursuant to this Contract.
8. Antitrust Claims. In entering into this Contract, Cont ractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) aris ing from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
9. Prevailing Wages. City an d Contractor acknowledge that the Project is a public work to which prevailing wages apply.
10. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
12. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the power and authority to execute this Contract on behalf of Contractor and has the power and authority to bind Contractor to the p erformance of its obligations hereunder.
13. Entire Agreement; Modification. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Co ntractor. Each Party to this Contract acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein. This Contract supers edes all prior oral or written negotiations, representations, or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
14. Exhibits; Precedence. All documents referenced as exhibits in this Contract are hereby incorporated into this Contract by this reference. In the event of any inconsistency between the express provisions of this Contract and any provision of an exhibit, the provisions of this Contract, then the City’s invitation for bids, if any, shall prevail.
15. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
[signatures on following page]
9 CITY OF BUENA PARK
By:
City Manager
ATTEST: APPROVED AS TO FORM:
By: By:
City Clerk City Attorney
Dated:
(“CONTRACTOR”)
By:
By:
10 Exhibit “A”
City of Buena Park
City Council Regular Meeting Agenda Report
G. AMENDMENT NO. 4 TO LICENSE AGREEMENT WITH MGPXII BUENA PARK CENTER, LLC (MERLONE GEIER) FOR USE OF 8150 LA PALMA FOR THE BUENA PARK FARMERS MARKET Meeting
Tuesday, October 22, 2024, 5:00 PM
Agenda Group
CONSENT CALENDAR Item: 4G.
Presented By
Jessica Fewer, Senior Management Analyst
Prepared By
Eddie Fenton, Assistant City Manager/Director of Human
Resources
Approved By
Aaron France, City Manager
RECOMMENDED ACTION
1) Approve Amendment No. 4 to the license agreement with MGP XII Buena Park Center, LLC ("Merlone Geier") for use of the site at 8150 La Palma Avenue for the Buena Park Farmers Market; 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 agreement.
PREVIOUS CITY COUNCIL ACTION
Most recently, the City Council approved Amendment No. 3 to the Agreement on September 12, 2023, to extend the term of the license agreement to November 30, 2024.
DISCUSSION
Since 2007, the former Sears site, located on the corner of La Palma Avenue and Stanton Avenue (8150 La Palma Avenue) has served as the home of the Buena Park Farmers Market. The market takes place every Saturday from 9 a.m. to 2 p.m. and continues to be a popular destination for locals looking for fresh fruits and vegetables, and locally-sourced goods. The provision of a Farmers Market also furthers the City's goals related to the Healthy Eating, Active Living (HEAL) initiative.
Up until 2018, Sears allowed the City to host the market in its parking lot free of charge. However, in 2018, Sears began charging the City for use of the site. In 2019, MGP XII Buena Park Center, LLC ("Merlone Geier") purchased the site with plans to redevelop the site. Entitlements for the property were approved in 2023. However, Merlone Geier has agreed to continue to lease the space to the City until the site is developed. The new proposed amendment to the existing license agreement increases the monthly lease rate to $650 per month or $7,800 per year, which is an increase of roughly 8% from the previous rate. The new amendment includes a 30-day termination clause by either party to accommodate the upcoming development on the property. The new term will be for 12 months and terminate on November 30, 2025.
BUDGET IMPACT
The proposed license agreement is for $650 per month or $7,800 per year. Funds are budgeted in the Economic Development Fund for this purpose.
Attachments
2024-0923_814-V501_DRAFT License LMA.pdf
Amendment to License
Buena Park Farmers Market
Buena Park Downtown
Unit #814-V501 MGP
AMENDMENT NO. 4 TO LICENSE AGREEMENT
This AMENDMENT NO. 4 TO LICENSE AGREEMENT (“Amendment”) is entered into to be effective as of , (the “Effective Date”), by and between MGP XII BUENA PARK CENTER, LLC, a Delaware limited liability company (“MGP”), and CITY OF BUENA PARK (“Licensee”).
A. MGP and Licensee’s entered into that certain License Agreement dated July 1, 2020 (the “Original License”), as amended with respect to certain premises commonly known as 8150 La Palma Ave (MGP Unit #814-V501) (the “Premises”) in the shopping center commonly known as Village at Buena Park (the “Shopping Center ”) located in Buena Park, CA . The Original License and any prior amendments are hereinafter sometimes collectively referred to as the “ Existing License ”. The Existing License and this Amendment are hereinafter sometimes collectively referred to as the “ License”.
B. All capitalized terms used in this Amend ment but not defined herein shall have the meanings set forth in the Existing License.
C. The current Term of the Existing License will expire by its terms on November 30, 2024.
D. MGP and Licensee now desire to amend the Existing License, subject to the terms and conditions set forth herein, to (i) extend the Term and (ii) make certain other modifications to the Existing License, all as more particularly set forth below.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, MGP and Licensee agree as follows:
EXTENSION TERM:
Commencement: December 1, 2024
Termination Date: November 30, 2025
The Extension Term shall be on the same terms and conditions as set forth in the Existing License, except as they may be modified or amended as set forth in this Amendment.
This License Agreement is subject to termination by Either Party upon thirty (30) days’ written notice.
BASE LICENSE FEE:
Period Base License Fee
12/1/2024 – 11/30/2025 $ 650.00 per month
ADDITIONAL LICENSE
FEE:
None.
PERCENTAGE LICENSE
FEE:
None.
SECURITY DEPOSIT:
None.
1. Notices. MGP’s Notice Address under the License is hereby changed and/or reaffirmed to:
MGP XII Buena Park Center, LLC
c/o Merlone Geier Partners
425 California Street, 10th Floor
San Francisco, CA 94104-2113
Attn: Lease Administration, Unit # 814-V501
Telephone: (415) 693-9000
Licensee’s Notice Address under the Lease is hereby changed and/or reaffirmed to:
Buena Park Farmers Market
Aaron France [email protected]
Adria M Jimenez [email protected]
6650 Beach Blvd
Buena Park, CA 90621
Amendment to License
Buena Park Farmers Market
Buena Park Downtown
Unit #814-V501 MGP
2. Effect of Amendment. Except as provided herein, all terms, covenants and conditions of the License remain unmodified and in full force and effect throughout the term of the License. The License, as amended hereby, constitutes the entire agreement of the parties and no furt her modification of the License shall be binding and effective unless evidenced by an agreement, in writing, signed by both MGP and Licensee.
IN WITNESS WHEREOF, MGP and Licensee have executed this Amendment on the respective dates written below, but the Effective Date of this Amendment shall be as of the date first set forth above.
MGP:
MGP XII Buena Park Center, LLC,
a Delaware limited liability company
By: Merlone Geier XII, LLC,
a California limited liability company,
its Manager
By: _________________________________
Name: ______________________________
Its: _________________________________
Date: _________________________
LICENSEE:
CITY OF BUENA PARK
By:
Name: Aaron France
Its: City Manager
Date: _________________________
ATTEST:
By: ___________________________
Name: Adria M. Jimenez, MMC
Its: City Clerk
Date: _______________________
City of Buena Park
City Council Regular Meeting Agenda Report
H. RESOLUTION AUTHORIZING PERSONS HOLDING CERTAIN DESIGNATED POSITIONS TO EXECUTE URBAN
AREA SECURITY INITIATIVE (UASI) GRANT DOCUMENTS FOR AND ON BEHALF OF THE CITY OF BUENA PARK To designate and authorize staff to execute the FY 2023 Urban Area Security Initiative grant agreement documents on behalf of the City of Buena Park. Persons in the designated positions will be authorized to execute all documents associated with the administration of grants and training opportunities awarded to Buena Park, or to apply for grants or grant-related activities available to the City’s public safety entities.
Meeting
Tuesday, October 22, 2024, 5:00 PM
Agenda Group
CONSENT CALENDAR Item: 4H.
Presented By
Bradley Geyer, Police Captain
Prepared By
Frank Nunes, Police Chief
Approved By
Aaron France, City Manager
RECOMMENDED ACTION
1) Adopt a resolution authorizing the Police Chief or his designee to execute Urban Area Security Initiative (UASI) grant documents for and on behalf of the City of Buena Park; 2) Authorize the City Manager, Police Chief or designated persons within the Buena Park Police Department to oversee and administer the projects associated with the Anaheim/Santa Ana UASI training and funding on behalf of the City; 3) Approve an agreement with the City of Santa Ana for transfer or purchase of equipment/services or reimbursement of training costs; 4) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; and, 5) Authorize the Police Chief to execute the agreement.
PREVIOUS CITY COUNCIL ACTION
On October 24, 2023, the City Council approved the FY 2022 UASI Grant agreement with the Anaheim Police Department to accept funding for reimbursement of training costs.
DISCUSSION
The U.S. Department of Homeland Security, through the State of California Emergency Management Agency, has authorized the City of Santa Ana to allocated funds from the County. The Anaheim/Santa Ana Urban Area (ASAUA) oversees and distributes these funds, with the majority of the funds going to Emergency Operations Training, including Community Emergency Response Teams (CERT), various communications enhancements, and some equipment requests. The Buena Park Police Department is a sub-recipient of this grant.
At this time, the police department does not expect any funding from this program. However, the proposed resolution and agreement would allow the City to accept those funds, should they become available, and allow specified personnel, the City Manager, Police Chief, and Support Services Division Commander/Police Captain, to manage and/or execute any necessary documents related to the grant on behalf of the City. If funds do become available, those monies would likely be used to reimburse the City for overtime expended in UASI-sanctioned training.
BUDGET IMPACT
At this time, the City does not expect to receive grant funds.
Attachments
UASI Resolution FY2023 Grant.pdf
FY 2023 UASI Sub-Grant Agreement.pdf
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BUENA PARK, CALIFORNIA AUTHORIZING PERSONS
HOLDING CERTAIN DESIGNATED POSITIONS TO
EXECUTE URBAN AREA SECURITY INITIATIVE GRANT
DOCUMENTS FOR AND ON BEHALF OF THE CITY OF
BUENA PARK
WHEREAS, the City of Buena Park (the “City”) regularly accesses funding and training assistance funded by grants established by the Department of Homeland Security (hereinafter collectively referred to as “Eligible Grants”) from the Federal Department of Homeland Security and administer ed by the Anaheim/Santa Ana Urban Area Security Initiative (ASAUASI); and
WHEREAS, part of such applications for Eligible Grants, the Anaheim/Santa Ana Urban Areas Security Initiative requires the City to maintain a Resolution with authorization from the City Council, authorizing persons holding specific positions to act on behalf of the City, and designates and/or affirms that the City official executing the grant agreement is authorized to do so.
NOW, THEREFORE, the City Council of the City of Buena Park does hereby find, determine and resolve as follows:
Section 1 The following City officials are the City’s agents for purposes of applying and obtaining Eligible Grants, executing grant agreements and other required documents, and taking any actions necessary to implement such grant agreements and other required documents:
City Manager, Chief of Police, and the Police Captain – Support Services Division Commander.
PASSED AND ADOPTED this 22
nd day of October 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 2 2 nd day of
October, 2024.
_______________________________
City Clerk
City of Buena Park
City Council Regular Meeting Agenda Report
A. PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN & ASSOCIATES, INC. FOR THE DEVELOPMENT
OF THE BUENA PARK SAFE ROUTES TO SCHOOL PLAN
Meeting
Tuesday, October 22, 2024, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5A.
Presented By
Norm Wray, Senior Engineering Technician
Prepared By
Mina Mikhael, Director of Public Works/City Engineer
Approved By
Aaron France, City Manager
RECOMMENDED ACTION
1) Approve Professional Services Agreement (PSA) 24-10 with Kimley-Horn and Associates, Inc. for the Development of the Buena Park Safe Routes to School Plan in the amount of $432,017.82; 2) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; 3) Authorize the City Manager and City Clerk to execute the agreement; and, 4) Appropriate $433,000 from the undesignated General Fund balance for this purpose.
PREVIOUS CITY COUNCIL ACTION
On October 24, 2023, staff informed the City Council that the City had received a conditional approval for a grant under the Sustainable Transportation Planning Grant Program (STPGP). The conditional award was for a program to develop the Buena Park Safe Routes to School (SRTS) Plan. Staff estimated the cost of the development to be $459,150. The grant would reimburse the City for 88.24% of the cost of the SRTS Plan, up to a maximum amount of $405,150. The award was considered “conditional” because Caltrans required a resolution authorizing the Director of Public Works to execute agreements for the STPGP Program.
After receiving the report, the City Council approved a resolution authorizing the Director of Public Works to execute the appropriate agreements.
DISCUSSION
On March 7, 2023, staff submitted an application for the California STPGP to create the Buena Park SRTS Plan. The SRTS Plan will provide clear implementable recommendations to create safer, more comfortable walking and bicycling options for Buena Park students, their families, and residents near 16 public elementary, middle, and high schools in Buena Park. School sites include those in the Buena Park School District, Centralia Elementary District, Savanna Elementary District, Anaheim Union High School District, and Fullerton Joint Union High School District.
The Buena Park SRTS Plan aims to:
Provide safer, more comfortable walking and bicycling options for Buena Park students, their families, and residents.
Promote walking and bicycling to improve health.
Address equity concerns by improving accessibility to/from schools without vehicle use, particularly for under-served communities.
Reduce emissions of greenhouse gases related to vehicle travel by increasing the number of Buena Park students, their families, and residents who choose to walk or ride a bike to, from, and around schools.
Identify traffic safety, infrastructure, and programmatic barriers to walking and bicycling to, from, and around schools in Buena Park.
Identify prioritized infrastructure and programs based in identified needs and best practices.
Identify evaluation metrics to determine if the Buena Park SRTS Plan is meeting project objectives.
Following the City Council meeting on October 4, 2023, staff collaborated with Caltrans to finalize all required documentation for the STPGP Program. Caltrans subsequently informed staff that the STPGP Grant had been awarded to the City. In response, staff worked with Caltrans to develop a Request for Proposals (RFP) to find a consultant capable of carrying out all tasks for the Buena Park SRTS Plan.
The RFP was published on August 22, 2024, and closed on September 20, 2024. Staff received three proposals from qualified consultants. After reviewing the submissions, staff determined that the proposal from Kimley-Horn and Associates, Inc. ("Kimley-Horn") was the most qualified and responsive consultant. Staff is requesting that the City Council approve the proposed Professional Services Agreement (PSA) with Kimley-Horn.
This agreement has been reviewed and approved by the City Attorney.
BUDGET IMPACT
The cost of the agreement is $432,017.82. Staff recommends a budget allocation in the amount of $433,000 from the undesignated General Fund balance for this purpose. As this project is funded through a STPGP grant, staff anticipates recovering approximately 88.24% of the costs, totaling around $381,212.52, from the state.
Consequently, the final cost to the City is expected to be approximately $50,805.30.
Attachments
Att 1 of 2 - PSA.pdf
Att 2 of 2 - Consultant Proposal.pdf
PAGE 1 OF 16
CITY OF BUENA PARK
PROFESSIONAL SERVICES AGREEMENT
PSA 24-10
DATE: October 22, 2024
PROJECT: Professional Services for the Development of the Buena Park Safe Routes to School Plan
PARTIES TO THE AGREEMENT:
“CITY”: City of Buena Park, a California Municipal Corporation
City Representative: Name: Mina Mikhael, P.E.
Title: Director of Public Works/City
Engineer
Tel.: (714) 562-3672
Email: [email protected]
“CONSULTANT”: Kimley-Horn and Associates, Inc., a North Carolina Corporation
Consultant
Representative:
Name: Sowmya Chandrasekhar
Title: Project Manager
Tel.: (213) 354-9400
Email: Sowmya.Chandrasekhar@ki
mley-horn.com
SUMMARY OF TERMS:
Start Date: October 22, 2024
End Date: January 31, 2026
Contract Value: $432, 017.82
Services a “Public Work”: NO [X] YES [___] (add “PW Exhibit”)
Community Workforce Agreement: NO [X] YES [___] (add “CWA Exhibit”)
Insurance Approved By Risk Management: NO [___] YES [X]
APPROVED BY: (___) Department Head (___) City Manager (select one) Contract Value ≤ $10,000 Contract Value ≤ $80,000
(X) City Council
Contract Value > $80,000
(Levine Act Exhibit Required)
AGREEMENT MUST BE FIRST EXECUTED BY CONSULTANT BEFORE IT MAY BE EXECUTED ON BEHALF OF THE CITY.
PAGE 2 OF 16
CITY OF BUENA PARK
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“ Agreement”) is dated as of October 22, 2024 , between the City of Buena Park, a California charter city (“ CITY”), and Kimley-Horn and Associates, Inc., a North Carolina Corporation ("CONSULTANT"). CITY and CONSULTANT are at times referred to herein jointly as “Parties” and individually as a “Party.”
1. TERM. The term of this Agreement shall commence on October 22, 2024 and shall remain in full force and effect until CONSULTANT’s complete performance of the Services to the reasonable satisfaction of the City unless earlier terminated pursuant to Section 16.2 of this Agreement (“Term”).
2. SERVICES. Subject to the terms and conditions in this Agreement, CONSULTANT shall provide to CITY those services that are specifically described in Exhibit “A” (the “Services”). CITY may request changes or expansion of the Services (each a “Modification”) and in such cases the Modification to the Services, and any resulting increase or decrease in the Compensation to be paid CONSULTANT and/or any changes to the Schedule of Performance (defined below), shall be documented in a written amendment to this Agreement. Increases or decreases in Compensation resulting from any Modification to the Services shall be based on the rate specified in the Compensation Schedule (defined below), or if not specified in the Compensation Schedule at then-applicable prevailing market rate charged by CONSULTANT to other customers for the same service.
3. SCHEDULE OF PERFORMANCE. CONSULTANT shall commence providing the Services upon receipt of a written “Notice to Proceed” fro m the City Representative and CONSULTANT shall proceed only to the extent of such authorization. CONSULTANT shall perform all Services in the time required by the schedule of performance described in Exhibit “A” (“Schedule of Performance”), or if not specified in the Schedule of Performance in a timely and diligent manner reasonably acceptable to CITY.
4. COMPENSATION. The total compensation paid to CONSULTANT for complete performance of the Services, including any authorized reimbursable expenses, shall NOT EXCEED the total maximum sum of $432,017.82 (“Compensation”). CONSULTANT shall be paid for performing the Services at the hourly rate, daily rate, flat fee, lump sum, or other basis specified in Exhibit “A" to this Agreement (“Compensation Schedule”). The Compensation specified in this section shall be the sole and exclusive consideration paid to CONSULTANT for full and complete performance of the Services and may only be increased by formal amendment to this Agreement.
5. PAYMENT.
5.1 Invoices. Each calendar month after CITY’s issuance of the Notice to Proceed, CONSULTANT shall submit an invoice to CITY for the Services performed and any authorized reimbursable expenses incurred in the immediately preceding calendar month. (Ex: invoices for Services rendered in January should be submitted in February ). The invoices shall describe in detail the S ervices rendered during each invoice period such as the days worked, personnel involved, number of hours worked, rates charged, milestones achieved, work product generated, or reimbursable expenses incurred, as applicable. CONSULTANT shall remit the invoices to the address and in the manner specified by CITY.
PAGE 3 OF 16
5.2 Payment. CITY shall review all invoices and notify CONSULTANT in writing of any disputed charges or amounts. CITY shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt . CITY shall not withhold federal or state payroll or other taxes, or make deductions, from payments made to CONSULTANT.
6. STANDARD OF SKILL. CONSULTANT shall perform all Services in the manner and according to the standards currently observed by a competent practitioner of CONSULTANT’s profession in California, and shall at all times, meet or exceed any applicable professional standards of care, workmanship, or conduct . All products of whatsoever nature that CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in CONSULTANT’s profession. The acceptance of the Services by CITY shall not operate as a release of CONSULTANT from such standards of care, workmanship, or conduct.
7. INDEPENDENT CONTRACTOR. CONSULTANT is and shall at all times remain as to CITY a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's employees or agents, except as herein set forth. CONSULTANT shall not a t any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY. CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of CITY or otherwise act on behalf of CITY as an agent.
7.1 CONSULTANT shall not have the status of an employee of CITY under this Agreement, or be entitled to participate in any insurance, medical care, vacation, sick leave or other benefits provided for CITY's officers or employees.
7.2 In the event that CONSULTANT, or any of its employees, agent s, or subcontractors providing Services under this Agreement, claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of CITY, CONSULTANT shall indemnify, defend, and hold CITY harmless for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractor s, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
7.3 CONSULTANT represents that it has, or will secure at its own expense, all personnel required to perform the Services under this Agreement. All of the Services shall be performed by CONSULTANT or under its direct supervision, and all personnel engaged in the work shall be qualified to perform it. CONSULTANT reserves the right to determine the assignment of its own employees to the performance of the Services under this Agreement, but CITY reserves the right, for good cause, to require CONSULTANT to exclude any employee from performing Services on CITY's premises.
8. ADMINISTRATION.
8.1 City’s Representative. The City Representative identified on the cover page of this Agreement shall have authority to administ er this Agreement and oversee CONSULTANT’s performance of the Services, provided that an individual’s authority to amend this Agreement shall be governed by applicable provisions of the Buena Park Municipal Code. All activities performed by CONSULTANT shall be coordinated through the City Represent ative. CITY may change the identity of the City Representative upon written notice to CONSULTANT.
PAGE 4 OF 16
8.2 Consultant’s Representative. Consultant’s Representative identified on the cover page of this Agreement has the authority to administer this Agreement on behalf of CONSULTANT and to act, bind, and approve all matters relating to this Agreement on behalf of CONSULTANT. Consultant’s Representative shall not be replaced without the advance consent of CITY, which consent shall not be unreasonably withheld.
9. SAFETY REQUIREMENTS. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. CITY may issue restraint or cease and desist orders to CONSULTANT when unsafe or harmful acts are observed or reported relative to the performance of the Services.
CONSULTANT shall maintain the work sites free of hazards to persons and property resulting from its operations. CONSULTANT shall immediately repor t to CITY any hazardous condition noted by CONSULTANT.
10. INDEMNIFICATION AND HOLD HARMLESS.
10.1 Purpose of Section. CONSULTANT agrees that CITY, and its elected officials, officers, employees, and agents (cumulatively “ City Indemnitees ”) shall, to the fullest extent permitted by California law, be fully protected from any loss, injury, damage, claim, liability, taxes, fees, lawsuit, cost, expense, attorneys ’ fees, litigation costs, defense costs, court costs or any other cost or damages of any kind arising out of or in any way related to CONSULTANT’s provision of the Services or performance of this Agreement. This Section is intended by the Parties to provide the fullest protection possible under California law to CITY and the City Indemnitees. CONSU LTANT acknowledges that CITY would not have entered into this Agreement without the covenants and commitments of CONSULTANT in this Section 10.
10.2 Indemnification for Design Services (if applicable). Consistent with California Civil Code Section 2782.8, if and to the extent the Services are design professional services to be performed by a design professional, as that term is defined under said Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, protect, defend, and hold the City Indemnitees harmless for all claims, demands, costs, or liability that arise out of, pertain, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT , its officers, employees, or agents in said performance of the Services, excepting only liability arising from the sole negligence, active negligence, or intentional misconduct of CITY.
10.3 Indemnification for Services. Other than in the performance of design professional services by a design professional, as covered by Section 10 .2 above, to the fullest extent permitted by law CONSULTANT shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City Indemnitees from and against any and all damages, costs, taxes, fees, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and/or losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions, or willful misconduct, of CONSULTANT, or its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of this Agreement, including CONSULTANT’s active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of CITY, as determined by final arbitration or court decision or by the a greement of the Parties.
CONSULTANT shall defend the City Indemnitees in any action or actions filed in connection with any Claims with counsel of CITY’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense.
PAGE 5 OF 16
CONSULTANT shall reimburse the Indemnitees for any and all legal expenses and costs incurred by City Indemnitees in connection therewith.
10.4 Taxes, Assessments, Workers Compensation. CONSULTANT shall pay all required taxes on amounts paid to CONSULTANT under this Agreement and indemnify and hold CITY harmless from any and all taxes, assessments, penalties and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with applicable workers’ compensation laws regarding CONSULTANT and its CONSULTANT shall indemnify and hold CIT Y harmless from any failure of CONSULTANT to comply with applicable workers’ compensation laws.
10.5 Obligations Not Limited by Insurance. The obligations and covenants of CONSULTANT in this Section 10 are independent and separate from any requirement or covenant to carry insurance. The obligations of CONSULTANT under this Section 10 shall not be limited by the limits of any policies of insurance by this Agreement or otherwise maintained by CONSULTANT, nor shall CONSULTANT’s obligations by limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives any statutory immunity under such statutes or laws as to the CITY or City Indemnitees.
10.6 Survival; Enforcement. CONSULTANT’s obligations and covenants under this Section shall survive the expiration or termination of this Agreement and shall continue in full force and effect for a time at least equal to the statute of limitations that is applicable to the underlying Claim, demand, cost or liability . CITY may offset against the amount of any compensation due CONSULTANT any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to promptly pay CITY any obligation for reimbursement or indemnification arising under this Section 10.
11. INSURANCE. At all times during the term of this Agreement CONSULTANT shall maintain insurance coverage in the forms, types, and amounts that are set forth in this Section 11, and upon CITY’s request CONSULTANT shall provide evidence of such coverage to the satisfaction of CITY’s Director of Risk Management, which may include a visual inspection of all policies, copies of declarations page, endorsements signed by an authorized representative of the underwriting company, or certificates of insurance.
11.1 Minimum Scope of Insurance. CONSULTANT shall maintain policies with coverage at least as broad as:
.1 Commercial General Liability insurance using the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations, products and completed operations, and contractual liability.
.2 The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non- owned automobiles or other licensed vehicles (Code 1-Any Auto).
.3 Workers' Compensation insurance as required by the California Labo r Code and Employer's Liability Insurance.
.4 Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’s profession. If such insurance policy is written on a claims -made form, the
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retroactive date must be shown and must be before the effective date of the Agreement or the commencement of Services by Consultant.
11.2 Minimum Limits of Insurance. CONSULTANT shall maintain insurance coverage limits not less than:
.1 Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services / location or the general aggregate limit shall be $4,000,000 and contain specific language creating a duty to defend against any suit seeking damages.
.2 Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
.3 Employer's Liability: $1,000,000 per accident for bodily injury or disease.
.4 Professional liability: $2,000,000 per claim, with an extended reporting period of not less than two years.
11.3 Umbrella or Excess Insurance. In the event CONSULTANT purchases an umbrella or e xcess insurance policy(ies) to meet the “Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies) required by this Section 11.
11.4 Deductibles and Self-insured Retentions: CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and CONSULTANT shall also be responsible for payment of any self -insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects CITY and City Indemnitees; or (ii) CONSULTANT shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses . At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions.
11.5 Required Endorsements. Each insurance policy shall be endorsed as follows:
.1 Except with respect to Employer’s Liability or P rofessional Liability/E&O policies required by this S ection 11, CITY and City Indemnitees shall be named as additional insureds (collectively “Additional Insureds”). Additional Insured e ndorsements shall not: (a) be limited to “Ongoing Operations”; (b) exclude “Contractual Operations”; (c) restrict coverage to the “Sole” liability of CONSULTANT; or (d) contain any other exclusion contrary to this Agreement.
.2 For any claims related to this Agreement or the Services performed under this Agreement, CONSULTANT's insurance coverage shall be primary to any other similar insurance carried by Additional Insureds . Any insurance or self -insurance maintained by Additional Insureds shall be in excess of CONSULTANT's insurance and shall not be called upon to contribute with it.
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.3 All insurance coverage shall contain a provision that prohibits cancellation, modification or lapse without thirty (30) calendar days' prior written notice from insurer to CITY.
The notice shall be provided via certified mail, return receipt requested. CONSULTANT shall require its insurer to modify the applicable poli cy and all certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.
.4 Each policy shall be endorsed to state that the insurer waives the right of subrogation against CITY and City Indemnitees.
11.6 Duration of Insurance. The requirements of this Section 11 shall survive expiration or termination of the Agreement. Insurance must be maintained, and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3- year discovery period.
11.7 Acceptability of Insurers. All insurance coverage required by this Agreement shall be written by insurers admitted to conduct business in the State of California by the Department of Insurance and rated “A:VIII” in the most recent A.M. Best's Insurance Rating Guide.
11.8 Verification of Coverage. CONSULTANT shall furnish CITY with evidence of the insurance required by this Agreement to the satisfactory to CITY. Such evidence shall consist of original certificates of insurance and amendatory endorsements, including an additional insured endorsement. The endorsements shall be on forms provided by CITY or on such other forms approved by CITY and conforming to CITY's requirements. CONSULTANT shall file all certificates of insurance and fully executed endorsements with CITY before commencing performance of the Services. Where and at the times applicable, CONSULTANT shall also provide proof that the policies of insurance required under this Agreement and expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. CONSULTANT shall furnish such proof to CITY prior to the expiration of the original policies. CITY may require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. CONSULTANT shall provide complete copies of policies to CITY upon request.
11.9 Other Insurance Provisions.
.1 All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to CITY or its operations limits the application of the insurance coverage.
.2 Requirements of specific coverage features or limits contained in this Section 11 are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any Party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
.3 All insurance coverage shall cover CONSULTANT’s operations pursuant to the terms of this Agreement.
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.4 Any actual or alleged failure on the part of CITY or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of CITY or any additional insured, in this or any other regard.
.5 In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right, but not the duty, to obtain the insurance it deems necessary, and CONSULTANT shall promptly reimburse to CITY any premium paid by CITY.
.6 CONSULTANT shall provide immediate notice to CITY of any claim or loss against CONSULTANT that includes CITY or any of the Additional Insureds as a defendant. CITY assumes no obligation or liability from the notice. CITY shall have the right, but not the duty, to monitor the handling of the claim or claims if they are likely to involve CITY.
11.10 Subcontractors. CONSULTANT shall include all subcontractors, or any other party involved in the performance of the Services, as insureds under its policies or shall require subcontractors or any other party involved in the Services by CONSULTANT to carry the same insurance as required in this Section 11. CONSULTANT shall obtain certificates evidencing the coverage and make reasonable efforts to ensure that the coverage is provided as required in this Section. CONSULTANT shall require that no contract used by any subcontractor, or contract CONSULTANT enters into on behalf of CITY, shall reserve the right to charge back to CITY the cost of insurance required by this Agreement. CONSULTANT shall, upon request, submit to CITY for review, all agreements with subcontractors or others with whom CONSULTANT contracts with on behalf of CITY, and all certificates of insurance obtained in compliance with Section 11.8.
CITY’s failure to request copies of the documents shall not impose any liability on CITY, or its employees, or be deemed a waiver of any of CITY’s rights.
12. WORK PRODUCT.
12.1 Deliverables. CONSULTANT shall, in such time and in such form as CITY may require, furnish reports concerning the status of S ervices required under this Agreement.
CONSULTANT shall, upon request by CITY and upon completion or termination of this Agreement, deliver or return to CITY all material furnished to CONSULTANT by CITY.
12.2 Ownership.
.1 All draft and final reports, documents and other written material, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files or other media whatsoever, created or developed by CONSULTANT in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of CITY. All Work Product and any and all intellectual property rights arising from their creation, including all copyrights and other proprietary rights, shall be and remain the property of CITY without restriction or limitation upon their use, duplication or dissemination by CITY upon final payment being made. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any of the Work Product.
.2 CONSULTANT hereby assigns to CITY all rights of ownership to the Work Product, including any and all related intellectual property and proprietary rights that are not otherwise vested in CITY pursuant to subsection .1 above.
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.3 CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, CITY shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. CONSULTANT shall defend, indemnify and hold CITY and the City Indemnitees harmless from any loss, claim or liability in any way related to a claim that CITY’s use of any of the Work Product is violating federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights or interests in products, ideas or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement.
In the event any the use of any of the Work Product or other deliverables hereunder by CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Work Product and other deliverables so that they become non- infringing while remaining in compliance with the requirements of this Agreement. CONSULTANT’s covenants under this Section 12.2 shall survive the expiration or termination of this Agreement.
13. CONFIDENTIALITY. During performance of this Agreement, CONSULTANT may gain access to and use CITY information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, t rade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of CITY. CONSULTANT agrees to protect all City Information and treat it as strictly confidential, and further agrees that CONSULTANT shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party without the prior written consent of CITY. In addition, CONSULTANT shall comply with all CITY policies governing the use of CITY network and technology systems. A violation by CONSULTANT of this section shall be a material violation of this Agreement and shall justify legal and/or equitable relief.
14. RECORDS. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information relating to the Services, as required by CITY or the City Representative. CONSULTANT shall maintain adequate records on services provided in sufficient detail to permit an evaluation of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. At all times during regular business hours, CONSULTANT shall provide access to such books and records to the City Representative, or his or her designees, and shall give the City Representative, or his or her designees, the ri ght to examine and audit such books and records and to make transcripts as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement.
15. ASSIGNMENT AND SUBCONTRACTING. This Agreement is pers onal to CONSULTANT and CITY has entered this Agreement in reliance on CONSULTANT’s skill, competence and experience. CONSULTANT shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without CITY’s prior written consent, by and through the City Representative. CITY’s consent to an assignment of rights under this Agreement shall not release CONSULTANT from any of its obligations or alter any of its obligations to be performed under this Agreement. A ny attempt at assignment or delegation by CONSULTANT in violation of this Section shall be void and of no effect and shall entitle CITY to immediately terminate this Agreement for cause. As used in this section, “assignment” and
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“delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal f orm of the transaction in which the attempted transfer occurs. CONSULTANT shall not subcontract any performance required under this Agreement without CITY’s prior written consent.
16. SUSPENSION AND TERMINATION.
16.1 Right to Suspend. CITY shall have the right at any time to temporarily suspend CONSULTANT’s performance hereunder, in whole or in part, by giving a written notice of suspension to CONSULTANT . If CITY gives such notice of suspension, CONSULTANT shall immediately suspend its activities under this Agreement as specified in such notice.
16.2 Termination. CITY shall have the right to terminate this Agreement at any time by giving a written notice of termination to CONSULTANT . If CITY gives such notice of termination, CONSULTANT shall immediately cease rendering Services pursuant to this Agreement. If CITY terminates this Agreement:
.1 CONSULTANT shall, not later than five days after such notice of termination, deliver to CITY copies of all Work Product or other information prepared pursuant to this Agreement.
.2 CITY shall pay CONSULTANT the reasonable value of Services rendered by CONSULTANT prior to termination; provided, however, CITY shall not in any manner be liable for lost profits that might have been made by CONSULTANT had the Agreement not been terminated or had CONSULTANT completed the Services required by this Agreement. In this regard, CONSULTANT shall furnish to CITY such financial information as in the judgment of CITY is necessary for CITY to determine the reasonable value of the Services render by CONSULTANT. The foregoing is cumulative and does not affect any right or remedy that CITY may have in law or equity.
17. Conflicts of Interest. CONSULTANT shall comply with all applicable federal, state and local conflict of Interest laws, including the Political Reform Act (Cal. Gov. Code § 81000 et seq.), the Levine Act (Cal. Gov. Code § 84308), and California Government Code Section 1090.
CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, that would conflict in any manner with the interests of CITY or that would in any way hinder CONSULTANT ’s performance of Services under this Agreement.
CONSULTANT further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor, without the written consent of CITY. CONSULTANT agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of CITY at all times during the performance of this Agreement.
18. NOTICES. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be given in writing to the person at the addresses specified on first page of this Agreement and deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during CONSULTANT’s and CITY’s regular business hours, or (c) three business days after deposit in the United States mail, by first class mail, postage prepaid. Either Party may change the specified person or address at which it is to receive notices by advising the other Party in writing.
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19. MISCELLANEOUS TERMS.
19.1 Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement by this reference. In the event of any inconsistency between the express provisions of this Agreement and any provision of an exhibit, the provisions of this Agreement shall prevail.
19.2 Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance.
19.3 Nuisance; Compliance with Laws. CONSULTANT shall not maintain, commit or permit the m aintenance or commission of any nuisance in connection with performing the Services. In the performing the Services CONSULTANT shall abide by and conform with and to any and all applicable laws of the United States and the State of California, and the local laws, regulations, and policies of the City of Buena Park.
19.4 Permits and Licenses. CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement all appropriate permits, licenses, and certificates that may be required in connection with performing the Services.
19.5 Governing Law; Venue. The terms of this Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, without regard for its conflicts of laws principles, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. The venue for resolving any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be a court with jurisdiction that is located in the County of Orange, California.
19.6 Cost of Litigation. If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort, or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable.
19.7 Waiver. No delay or omission to exercise any right, power or remedy accruing to CITY under this Agreement shall impair any right, pow er or remedy of CITY, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver by CITY of any breach, any failure of a condition, or any right or remedy under this Agreement shall be: (1) effective unless it is in writing and signed by the Party making the waiver; (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy; or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
19.8 Efficient Performance. CONSULTANT shall commence, carry on and complete its assignments with all practicable dispatch, in a sound, economical, and efficient manner in accordance with all applicable laws and generally accepted industry and applicable professional standards.
19.9 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
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19.10 When Rights and Remedies Not Waived. In no event shall the making by CITY of any payment to CONSULTANT constitute or be construed as a waiver by CITY of any breach of covenant, or any default that may then exist, on the part of CONSULTANT, and the making of any such payment by CITY while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to CITY with regard to such breach or default.
19.11 Severability. If any part, term or provision of this Agreement shall be held illegal, unenforceable or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected by such holding.
19.12 Captions. The titles of the sections, subsections and paragraphs set forth in this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of the provisions of this Agreement and the rights or obligations of the Parties to this Agreement.
19.13 Word Usage. Unless the context clearly requires otherwise, (a) the word “shall” is mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
19.14 Integrated Agreement and Modification of Agreement. This Agre ement, and all exhibits referred to in this Agreement, constitutes the final, complete and exclusive statement of the terms of the agreement between CITY and CONSULTANT with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous oral or written negotiations, representations or agreements of the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may be modified only by a writing signed by both Parties.
19.15 Authority to Bind Parties. Each of the undersigned hereby represents that he or she has the authority to execute this Agreement on behalf of his or her contracting Party.
In recognition of the obligations stated in this Agreement, the Parties have executed this Agreement on the date indicated above by and through their duly authorized representatives.
[signatures of parties on follow page]
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CITY OF BUENA PARK
a California municipal corporation
CONSULTANT*
Kimley-Horn and Associates, Inc.
Name of Business
Signature
Signature
Name: Name:
Title: Title:
*If CONSULTANT is a corporation, then pursuant
to California Corporations Code Section 313 this
Agreement must be executed by either: (1) the
chairperson of the board; (2) the president; or (3)
the vice president plus any one of the following:
the secretary, any assistant secretary, the chief
financial officer, or any assistant treasurer.
Signature
Name:
Title:
ATTEST:
BY:
Adria M. Jimenez, City Clerk
APPROVED AS TO FORM:
BY:
Christopher Cardinale, City Attorney
PAGE 14 OF 16
EXHIBIT A
1) SERVICES. CONSULTANT shall provide to CITY the following Services
2) SCHEDULE OF PERFORMANCE. CONSULTANT shall perform all Services in compliance with the following Schedule of Performance:
3) COMPENSATION SCHEDULE. CONSULTANT shall be paid for performing the Services at the follow rates and times:
All services as described in the CONSULTANT’s Proposal for Professional Services for the Development of the Buena Park Safe Routes to School Plan (the “PROPOSAL”), attached as “Exhibit B.”
The schedule contained on Page 15 of CONSULTANT’s PROPOSAL, attached as “Exhibit B.” Not to exceed $432,017.82, as shown on pages F-1 and F-2 of the fee schedule contained in CONSULTANT’s PROPOSAL, attached as “Exhibit B.”
PAGE 15 OF 16
EXHIBIT B
[attach Consultant’s Proposal dated September 20, 2024, behind this page]
PAGE 16 OF 16
EXHIBIT C
REQUIRED FOR ALL CONTRACTS AWARDED BY THE CITY COUNCIL
(OTHER THAN COMPETITIVELY BID, LABOR, OR PERSONAL EMPLOYMENT CONTRACTS)
LEVINE ACT DISCLOSURE STATEMENT
California Government Code section 84308, commonly referred to as the “Levine Act,” precludes an elected or appointed officer of a local government agency from making, participating in, or in any way attempting to influence the awarding of a contract by the agency if the officer receives any political contributions totaling more than $250 in the 12 months preceding the contract award, during the proceeding leading to the contract award, and for 12 months following the final decision on the contract , when the contribution is from any person that has a financing interest in the contract. This prohibition applies to contributions made directly to the officer , received by the officer on behalf of any other officer, or received on behalf of any candidate for office or on behalf of any committee. The Levine Act also requires disclosure of any such contributions to be made by a party to be awarded a contract by the local agency. The Levine Act does not apply to contracts that are competitively bid, labor, or personal employment contracts.
LEVINE ACT DISCLOSURES:
1. Have you or your company, or any agent on behalf of you or your company, made any contributions of more than $250 to any member of the Buena Park City Council in the 12 months preceding the date the City issued the request for proposal s leading to the contract?
YES ___ NO ___
If yes, please identify the Councilmember(s) and amount of any such campaign contribution(s):
2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any contributions of more than $250 to any member of the Buena Park City Council after the date of the issuance of the request for proposals, or in the 12 months after the City Council’s decision on the contract?
YES ___ NO ___
If yes, please identify the Councilmember(s):
NOTE: Answering yes to either of the two (2) questions above does not preclude the City of Buena Park from awarding a contract to your firm. It does, however, preclude the identified officer(s) from making, participating in, or in any way attempting to influence the contract award process.
Failing to provide full and accurate information on this form may be grounds for disqualification and other legal penalties.
_______________________ _____________________________________
DATE SIGNATURE OF AUTHORIZED OFFICIAL
_______________________ _____________________________________
NAME OF COMPANY NAME, TITLE
PROPOSAL FOR PROFESSIONAL SERVICES FOR THE
Development of the Buena Park
Safe Routes to School Plan
PREPARED FOR: CITY OF BUENA PARK
PROPOSAL FOR PROFESSIONAL SERVICES FOR THE
Development of the Buena Park Safe Routes to School Plan City of Buena Park TRCALAD001834.2024
i
TABLE OF CONTENTS
A. Cover Letter ........................................................................................................................................1 B. Executive Summary ............................................................................................................................3 C. Scope of Work/Services ......................................................................................................................6 D. Project Schedule ..............................................................................................................................15 E. Consultant’s Representative ..............................................................................................................16 F. Project Team .....................................................................................................................................16 G. References .......................................................................................................................................17 H. Sub-Consultant .................................................................................................................................20 I. Fee Schedule .....................................................................................................................................20
PROPOSAL FOR PROFESSIONAL SERVICES FOR THE
Development of the Buena Park Safe Routes to School Plan City of Buena Park TRCALAD001834.2024
1
A. COVER LETTER
September 20, 2024
Norm Wray
City of Buena Park – Public Works Department
6650 Beach Boulevard
Buena Park, CA 90621
RE: Proposal for Professional Services for the Development of the Buena Park Safe Routes to School Plan
Dear Mr. Wray and Members of the Selection Committee:
Over the past decade, the City of Buena Park (City) has been experiencing a revitalization in business, residential, and commercial projects, and in conjunction, its schools are growing in stature. The City aims to create safer and more comfortable walking and bicycling options for Buena Park students, their families, and residents near 16 schools, and its recent Sustainable Transportation Planning Grant (STPG) win is integral in developing its Safe Routes to School (SRTS) Plan. We applaud the City’s goals and initiatives, and we are excited at this opportunity to help the “Center of the Southland” provide safe and healthier multimodal transportation alternatives throughout your community—for people of all ages and abilities.
To realize this SRTS Plan, the City would be best served by a consultant who knows the City, is familiar with day-to-day community concerns, offers the right team, has a wealth of relevant experience, brings a robust public engagement program, and has high success with grants. Kimley-Horn and Associates, Inc. (Kimley-Horn), a California C corporation founded in 1967, is that consultant; as an industry leader in safety, we share your commitment to creating safe and convenient opportunities for students and parents to bike or walk to and from school.
We offer the following benefits for the City to capitalize on:
Tailored Team. Kimley-Horn has assembled a team that will best serve the City and the SRTS Plan. Our project manager, Sowmya Chandrasekhar, PE, TE, PTOE, is personally invested in you, as she served as the on-call traffic engineer for the City for more than three years. Through this experience, she gained firsthand experience in understanding the City’s goals, the residents’ concerns, and how to best support the City’s project team to successfully deliver this project. She is passionate about active transportation and improving the safety and mobility of all road users—especially the most vulnerable, our schoolchildren. She will be supported by key staff who are leaders in the industry and a local team based in our Southern California offices. 660 South Figueroa Street, Suite 2050
Los Angeles, CA 90017
TEL 213.261.4040
When we embarked on updating our
SRTS Master Plan, we had no idea
that we would be doing so during
a pandemic. However, Kimley-Horn
and Redman Consulting provided
such rich and dynamic virtual support
through the process that it advanced
our expectations of engagement, and
produced multidisciplinary results that
have guided the City beyond just the
engineering of SRTS and into all of the
other “E’s” that will ultimately help us
achieve our Vision Zero goal.
Our team continues to go back to
Kimley-Horn and Redman Consulting
because their complimentary teaming
produces holistic and responsive
deliverables that have helped us
secure grant funding from many
different programs, including the
Active Transportation Program for our
5th Street East Corridor SRTS project
that directly resulted from the update
that they supported to our SRTS
Master Plan (2022).
- Candice Vander Hyde, Management
Analyst, City of Lancaster
Our team comprises of well-rounded
engineers and planners who take the
project from conception, planning,
grant funding, and engineering design
to construction phase services. We
pride in being a one-stop shop, catering
to our client’s needs at every stage
of the project.
PROPOSAL FOR PROFESSIONAL SERVICES FOR THE
Development of the Buena Park Safe Routes to School Plan City of Buena Park TRCALAD001834.2024
2
The Kimley-Horn team has previously worked with the City to develop the comprehensive Complete Streets Master Plan that was adopted in 2017. In addition to our in-house staff, our team includes two specialty subconsultants, Redman Consulting, LLC and AimTD LLC, with whom we have partnered successfully throughout Southern California.
Unparalleled Knowledge of SRTS. Kimley-Horn is committed to supporting local agencies to improve the safety of their transportation systems. Our team is well-versed in traffic safety planning and engineering as well as bicycle and pedestrian facility planning, safety, and design. We have completed SRTS plans, Local Roadway Safety Plans (LRSPs), Systemic Safety Analysis Reports (SSARs), Roadway Safety Audits (RSAs), Bicycle and/or Pedestrian Safety Action Plans (BSAPs/PSAPs), Strategic Highway Safety Plan (SHSP) projects, Safety Management Plans (SMPs), data collection and crash analysis, and design of safety countermeasures throughout the US. Recently, our team has completed a comprehensive SRTS Master Plan for the City of Lancaster, which covered 28 elementary and middle schools. Following the plan’s adoption, our team supported the City of Lancaster in identifying and successfully applying for multiple grants that help fund the projects identified in the plan. This Kimley-Horn team has worked together successfully on complex SRTS projects, including infrastructure and non-infrastructure programs and projects. Unlike many plans that sit on a shelf or in a link on the City’s website because the identified actions/projects are infeasible or not cost-effective, our plan will provide a roadmap for the City and set the groundwork to implement actions/projects over the next decade.
Grant Success. Kimley-Horn has diverse experience completing regional, state, and federal grant applications and securing grant funding for clients throughout California. Our team understands deadlines, requirements, and scoring criteria for grants, and we have a recognized record of assisting staff and maximizing funding opportunities. In fact, our grant writing experience has helped our clients in California secure more than $1 billion over the past 10 years through various programs including the Active Transportation Program, Highway Safety Improvement Program (HSIP), Safe Streets for All (SS4A), and more.
Collaborative and Inclusive Public Engagement Program. Kimley-Horn’s ultimate objective for public engagement is to effectively reach all segments of the City’s diverse community so that every member is aware of the various ways they can participate. We are committed to connecting with individuals through their preferred method, be it in-person, online, virtual, one-on-one, or in the English, Spanish, or Korean languages. Our aim is to provide the public with timely and transparent information, while also prioritizing their voices and input, making sure that they are not only heard but also valued—to deliver a project that successfully meets the needs of everyone in your community. The Kimley-Horn team is keenly aware of the ever-higher thresholds used by the California Department of Transportation (Caltrans) to document meaningful public engagement, especially with hard-to-reach and vulnerable populations.
Kimley-Horn is confident that our qualifications are unmatched. Should you have any questions about our proposal or require any additional information, please contact our project manager, Sowmya Chandrasekhar, PE, TE, PTOE, at 213.354.9400, [email protected], or the address listed on the previous page.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Sowmya Chandrasekhar, PE, TE, PTOE Sri Chakravarthy, PE, TE* Project Manager Principal-in-Charge/Senior Vice President *As senior vice president of Kimley-Horn, Sri Chakravarthy, PE, TE, is authorized to negotiate on the firm’s behalf.
PROPOSAL FOR PROFESSIONAL SERVICES FOR THE
Development of the Buena Park Safe Routes to School Plan City of Buena Park TRCALAD001834.2024
3
B. EXECUTIVE SUMMARY
Project Understanding
The City is committed to establishing a sustainable, multimodal transportation network throughout the city. The City’s SRTS Plan falls under the Sustainable Communities Competitive (SCC) grant category of the STPG which the City applied for and successfully won in 2023. The City’s SRTS Plan aims to enhance safety while providing more comfortable options for walking and bicycling for Buena Park students, their families, and residents near 16 schools within five school districts: Buena Park Elementary, Centralia Elementary, Savannah Elementary, Anaheim Union High, and Fullerton Joint Union High School Districts.
Through our previous work with the City, we understand that there are safety, operational, and traffic circulation concerns around schools—especially during school drop-off and pick-up. In order to holistically address the issues around schools and to encourage safe walking/biking to/from school, it is important to incorporate elements of the following six “E’s”: Engagement, Equity, Encouragement, Education, Evaluation, and Engineering.
Engagement: Collaborate with school
stakeholders to work with existing organizations
and groups and create ongoing partnerships
Equity: Benefit all students, with particular
emphasis on communities that have been
historically underserved
Encouragement: Encourage students and
families to walk and bike to school thorugh
activities and events
Education: Teach students and families safe
walking and biking skills and their benefits
Evaluation: Assess to determine which activities
were the most successful and which should be
improved for future programming
Engineering: Include an infrastructure component
to physically alter streets, making walking and
biking more comfortable and safe
The City previously completed a Complete Streets Master Plan (Kimley-Horn, 2017) and has recently adopted their first Active Transportation Plan (ATP). The Complete Streets Master Plan focused primarily on the incorporation of Complete Streets concepts and design where feasible and appropriate throughout the City. The ATP provides a roadmap outlining how the bicycle and pedestrian networks throughout the City can be improved to enhance safety, connectivity, and mobility access.
Per the City’s ATP (adopted September 10, 2024), working with Buena Park School Districts to create and support SRTS Plans and programs for all schools in Buena Park is imperative. Furthermore, the Orange County Transportation Authority (OCTA) completed an SRTS Action Plan in 2021, which outlines initial goals, strategies, and actions to create and manage a countywide SRTS program. In order to build a successful, well-interconnected SRTS Plan for the City, it is important to weave in and integrate elements from these existing plans (City and County). The Kimley-Horn team has implemented this approach while working on the City of Lancaster’s SRTS Master Plan (2022), such that it does not live as a standalone document. This approach has helped the Kimley-Horn team successfully support the City of Lancaster pursue and win many grant applications.
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We understand that the City is trying to address a specific issue through this SRTS Plan, which is injury prevention.
Based on the data obtained for this proposal from the University of California, Berkeley’s (UC Berkeley) Transportation Injury Mapping System (TIMS) for a five-year period between 2017 and 2022, a total of 255 crashes were reported involving bicyclists and pedestrians, out of which 16 resulted in fatalities and 35 resulted in severe injuries as shown in the table below.
Years 2017–2022: Number of Crashes by Crash Severity (Source: UC Berkeley, TIMS) Involved With Fatal Severe Injury Visible Injury Complaint of Pain Total Bicycle 2 4 50 57 113
Pedestrian 14 31 41 56 142
Furthermore, 50 of these crashes involved victims equal to and less than 18 years in age, as shown in the map below, with a concentration of crashes occurring within a 1/4-mile radius around Carl E. Gilbert Elementary School and Buena Park Middle School. In the years 2016 through 2019, the City had also received resident concerns pertaining to speeding along 8th Street in front of Carl E. Gilbert Elementary School, and unsafe traffic maneuvers during school pick-up along Orangethorpe Avenue in front of Buena Park Middle School. As part of the SRTS Plan, the Kimley-Horn team will dive deep into the collision data in order to recommend appropriate solutions that can help the City proactively address safety issues—especially in close proximity to schools and along routes that children take on their daily commutes.
Crash locations involving victims 18 years and younger (2017–2022) Orangethorpe Avenue
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Project Objectives
The City’s RFP identifies the following overall project objectives:
Engage diverse community members; identify and
reduce barriers to participation
Partner with stakeholders
Determine and identify needs and areas of concern
Develop plans that identify clear goals
Strengthen citywide efforts to improve
safety near schools
Maintain an aggressive project schedule
Submit all necessary project documentation, including invoices, with regard to guidelines of the STPG
funding requirements
The Kimley-Horn team will strive to attain all of these overall project objectives and further enhance the SRTS Plan by focusing on the following elements:
1. Reduce or eliminate pedestrian and bicycle crashes near schools. The SRTS Plan, in combination with the City’s Complete Streets Master Plan and recently adopted ATP , will result in a broad series of improvements, programs, awareness, and system initiatives that will continue to decrease the pedestrian and bicycle crashes occurring in the City. The plans will need to target a series of driver behaviors, safe practices for vulnerable road users, and additional redundancy in transportation infrastructure.
2. Increase walking and biking mode share for the student population. Encouraging students to walk and bike in groups will further enhance safety. Designating specific routes near schools helps to consolidate student traffic, allowing more focused resources on improvements, focused locations for crossing guards, and greater driver awareness of the presence of students. The plan will include suggested walking and biking routes between nearby neighborhoods and schools.
3. Invest in underserved communities. Parents that belong to disadvantaged groups are more likely to be constrained in their ability to drop off and pick up students on a given schedule and will likely benefit most from well-implemented SRTS programs. The SRTS Plan will focus on routes and systems needed to provide safe connections between local neighborhoods and schools where larger proportions of disadvantaged communities live. Each plan will determine where the most needed connections are. Investments in programs and habit-building activities will be recommended, in addition to infrastructure, to meet the needs of underserved communities.
4. Strong understanding of each school’s unique issues, including focused multilingual outreach efforts. English learners may face more barriers than native English speakers when it comes to plan participation, understanding available resources and notifications, and interpreting directions to the safest travel options. The SRTS Plan will need to provide multilingual support (Spanish, Korean, and sign language) to encourage full participation by a significant portion of the student and parent population. The Kimley-Horn team has worked in many diverse communities and is experienced with planning that prioritizes the needs of the underserved communities.
5. The SRTS Plan. This Plan will help the City prioritize expenditures and improvements holistically across the schools. The Plan will also summarize the proposed improvements and associated costs from each of the individual plans. The Kimley-Horn team’s approach will leverage the foundational work of the past Complete Streets Master Plan and ATP documents to produce an SRTS Plan that addresses the importance of safety and equity, plus an actionable implementation plan and project prioritization.
A map of the project schools and proposed bike facilities from the City’s recently adopted ATP is shown on the next page.
PROPOSAL FOR PROFESSIONAL SERVICES FOR THE
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E-1
Orange Ave
H
older St
W
estern Ave
Crescent Ave
Artesia Blvd
Commonwealth Blvd
D
ale Ave
Stanton Ave
Valley View
St
Orangethorpe Ave
Knott Ave
Lincoln Ave
La Palma Ave
Ball Rd
Cerritos Ave
Beach Blvd
Beach Blvd
BUENA PARK
5 5
91 91
12 14
4 1310
7 3
5 11
2 8 16
15 1
9 6
Bikeways and Schools Map
1. Buena Terra Elementary (C)
2. Arthur F. Corey Elementary (B)
3. Dysinger Elementary (C)
4. Charles G. Emery Elementary (B)
5. Carl E. Gilbert Elementary (B)
6. Holder Elementary (S)
7. Mabel L. Pendleton Elementary (B)
8. Raymond Temple Elementary (C)
9. San Marino Elementary (C)
10. James A. Whitaker Elementary (B)
11. Buena Park Middle (B)
12. Gordon H. Beatty Middle (B)
13. Buena Park High (F)
14. Buena Park Learning Center (B)
15. Walter Knott Elementary (C)
16. Hope SpecialEducation (A)
LEGEND
Existing Bikeways
NOT TO SCALE
City Boundary
*Source: Buena Park ATP , 2024
Railroad
Proposed Bikeways*
Class I Class I
Class II Class II
Class III Class III
Class IV Class IV
Bikeways and
Schools Map
1. Buena Terra
Elementary ( C)
2. Arthur F. Corey
Elementary (B)
3. Dysinger Elementary (C)
4. Charles G. Emery
Elementary (B)
5. Carl E. Gilbert
Elementary (B)
6. Holder Elementary (S)
7. Mabel L. Pendleton
Elementary (B)
8. Raymond Temple
Elementary (C)
9. San Marino
Elementary (C)
10. James A. Whitaker
Elementary (B)
11. Buena Park Middle (B)
12. Gordon H. Beatty
Middle (B)
13. Buena Park High (F)
14. Buena Park
Learning Center (B)
15. Walter Knott
Elementary (C)
16. Hope Special
Education (A)
(C) Centralia Elementary
School District
(B) Buena Park Elementary
School District
(S) Savanna Elementary
School District
(F) Fullerton Joint Union High
School District
(A) Anaheim Union
School District
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C. SCOPE OF WORK/SERVICES
Project Approach/Methodology
Kimley-Horn has assembled a diverse team of accomplished roadway, safety, and active transportation design professionals to develop an SRTS Plan focused on implementable projects for which the City can pursue design-phase funding. The plan will not be a document that sits on a shelf or resides in a link on the City’s website because the projects are infeasible, not cost-effective, or rely on redevelopment to occur. Instead, it will provide a road map for the City to implement mobility projects over the next two to five years and beyond by taking advantage of ongoing projects and grant funding opportunities.
The study will include an existing conditions assessment for each of the 16 schools and develop recommendations of best practices for safety and accessibility. Through our work developing the updated Caltrans Complete Intersections Guide, we researched current national best practices and updated the guide to provide Caltrans staff and consultants with the best practices. We will filter and apply relevant information from national and state guides to what works best for the City.
Stakeholders, in addition to community outreach, are critical to any plan put forth by the City. For this purpose, Kimley-Horn will develop a layered map to show the street network, signalized and unsignalized intersections, school district zones, attendance zones, major land uses, travel patterns, collisions, demographics, and other pertinent information. We will also incorporate the data collected through the community outreach process. The objective is to understand and analyze the interaction of these different elements on the school travel and attendance patterns. In addition to the feedback through meetings, we will use Kimley-Horn’s interactive mapping software, PublicCoordinate, which provides a sophisticated online interactive process to solicit feedback from the public. This tool offers enhanced capabilities such as comment input, toggling between multiple project locations and base maps, Americans with Disabilities Act (ADA) web accessibility, custom branding, survey integration, and so much more. Its online platform is user-friendly, making it easy for the public to provide input and visualize what their communities would look like with proposed transit, roadway, development, or infrastructure improvements.
Kimley-Horn will capture the travel patterns for each school using the SRTS tally sheet available at http://guide. saferoutesinfo.org/evaluation/appendix_a_safe_routes_to_school_student_travel_tally.cfm. This guide was developed by the Pedestrian and Bicycle Information Center (PBIC) in collaboration with SRTS experts from around
SCAN HERE
to see
PublicCoordinate
in action
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the country and support from the National Highway Traffic Safety Administration (NHTSA), Federal Highway Administration (FHWA), Centers for Disease Control and Prevention (CDC), and Institute of Transportation Engineers (ITE). The survey will be conducted for two to three typical weekdays from Tuesday to Thursday.
Kimley-Horn will conduct all engineering, transportation planning, and administrative tasks necessary to complete the project. This includes the final planning document, final design plans, project specifications, quantity and cost estimates, and all compliance efforts needed to meet local, state, and federal requirements.
Scope of Work
The scope of work will include the following:
Task 0 - Project Management
Task 0.1: Project Kick-Off Meeting
Upon notice to proceed, Kimley-Horn will coordinate with the City project manager to schedule a kick-off meeting within two weeks after the commencement of work. The Kimley-Horn project manager will prepare a meeting agenda that includes team member introductions, project visioning and goal setting, project scope, schedule and budget, data needs and membership of the project management team (PMT) that will be engaged in future check-in meetings and deliverable review. Kimley-Horn will establish a project task and deliverable tracking sheet that will be used to monitor project progress throughout that can be used as a standing agenda and notes document as well.
Task 0.2: Project Management Meetings
Kimley-Horn will establish a recurring monthly meeting for the PMT to update on project progress and to get input and direction on upcoming tasks. The Kimley-Horn project manager will maintain the project action list and deliverable tracker ahead of each meeting, and that tracker will serve as the meeting agenda and depository for meeting notes and action items.
For the SRTS Plan, we will create individual school profiles that can be located on the City’s website, similar to other projects on the City’s Public Works/Engineering Services webpage. These profiles will include the following information for the area around each school:
School information
School zoning (emphasizing the routes students take)
School enrollment boundaries
Bike and pedestrian infrastructure
Travel patterns relative to the schools (collected through student surveys) Photos, as needed, to document existing conditions
Other City Master Plans that intersect with the SRTS Plan Projects currently funded that will be implemented and may impact the SRTS Plan
Any other element of the City’s transportation system, present or future, so that the SRTS can be adapted to suit those elements
SCAN HERE
for an Example of the SRTS
Master Plan and School
Profiles created by the
Kimley-Horn and Redman
Consulting team
Task 0.1 Deliverables:
9 Project kick-off meeting agenda
9 Project kick-off meeting notes and
list of attendees
9 Project action and
deliverable tracking sheet
Task 0.2 Deliverables:
9 Updated Deliverable and Tracking
Sheet for up to 13 PMT meetings
9 Meeting documentation with list of
attendees (up to 13)
9 Meeting materials, including
presentations or any
handouts (up to 13)
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Task 0.3: Monthly Invoicing and Reporting
Kimley-Horn will develop monthly invoices and progress reports to document project progress and expenditures.
Task 1 – Existing Conditions
Task 1.1: Literature Review
The Kimley-Horn team will work with City staff to collect existing plans, policies, programs, and data. Existing plans will likely include, but not be limited to:
Buena Park Complete Streets Master Plan
Mobility and Implementation Elements of the
City’s General Plan
Buena Park ATP
OCTA SRTS Action Plan
Southern California Association of Governments’
(SCAG) Connect SoCal
Caltrans District 12’s Caltrans Active
Transportation Plan
Our team will also review Caltrans’ SHSP and Vulnerable Road User (VRU) Safety Assessment for relevant initiatives, projects, and toolbox items that can be leveraged in this plan as well as SRTS plans from the ITE, American Planning Association (APA), and other known sources.
Task 1.2: Data Collection
In addition, segment or screenline traffic counts will be collected at up to three (3) locations near each project school, including pedestrian and bicyclist counts, for a total of 48 count locations. Prior to beginning the data collection, the Kimley-Horn team will work with City staff to identify the count locations that will best help the team assess demand that can inform areas for improvement and prioritize potential projects.
Kimley-Horn will work with City staff to identify the point of contact at each school as well as school district.
Information such as enrollment boundaries and transit lines will be obtained from online sources and verified with each school. School/district-specific information, such as yellow school bus routes and ridership, school site improvement plans, and crossing guard locations, will be requested and documented for each school.
Kimley-Horn will prepare one (1) base map for each school, a total of 16 base maps, showing the school location, existing infrastructure conditions, and travel information such as enrollment boundaries, yellow school bus routes and ridership, transit lines, school site improvement plans, and crossing guard locations.
Furthermore, any other pertinent information, such as existing land uses, current and projected housing and land use development, population characteristics, and travel projections, will also be gathered as relevant to the SRTS Plan’s preparation.
Extra Value-Added Service: Conformance review of School Zone Traffic Control with the latest updates to the California Vehicle Code (CVC) and California Manual on Uniform Traffic Control Devices (CA MUTCD) per the December 19, 2023 revision revisions to the Federal MUTCD, 11th Edition. Our history of working with schools has shown that traffic control is not applied consistently school-to-school, and is recommended to safeguard the City from potential lawsuit. It is understood that the City had earlier contracted 3M to develop and implement a citywide street sign inventory. The team will conduct field verification of signage, markings, crosswalks, speed limits, and uncontrolled traffic control in the immediate vicinity of schools. This field-collected data will be backchecked against each school’s boundaries and local roadway classifications to promote a consistent application of school zone traffic control citywide.
Task 0.3 Deliverables:
9 Monthly invoices
9 Progress reports
Task 1.2 Deliverables:
9 Draft and final existing
conditions memorandum
9 Traffic counts around project schools
9 Base maps for project schools
9 School area needs assessment maps
and CVC)/CA MUTCD conformance
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Task 2 – Collision and Gap Analysis
Consistent with the requirements of the Active Transportation Program, Kimley-Horn will conduct a bicycle and pedestrian collision analysis for each school using the most recent SWITRS data available, supplemented by data provided by City staff. We understand that the City uses crossroads to gather collision data. The Kimley-Horn team will review crashes that occurred near each school site, with particular focus on those involving pedestrians and bicycles that occurred during school pick-up and drop-off windows, and may indicate excessive speeding or inattention issues that might put students, crossing guards, and other school employees at risk. Per discussions with City staff, this analysis could be supplemented by information provided by school administrators and other stakeholders regarding patterns, behaviors, and near-misses they have observed that could lead to future crashes.
Using the base maps created in Task 1, our team will identify challenges and gaps in the bicycle and pedestrian networks as well as opportunities and needs to provide connectivity to schools. We recommend creating maps similar to those required for ATP applications that identify gap closures and connections, new routes, and barriers and improvements. These findings will be summarized into a draft collisions and gaps analysis memorandum. Upon receipt of one (1) set of consolidated comments from the City, the Kimley-Horn team will revise and submit a final collision and gap analysis memorandum.
Extra Value-Added Service: Kimley-Horn will work with City staff and project stakeholders to identify tools that will enhance safety for students traveling to and from school using a variety of transportation modes. Tools will be drawn from other documents developed by the City along with state and national guidance for bicycle, pedestrian, and traffic calming improvements. Measures to encourage more students to walk or bike to school safely could include enhanced crossing infrastructure, buffered bicycle lanes, crossing guard program expansion, walking school buses, public messaging campaigns, targeted enforcement initiatives, Spanish language outreach efforts, or new school and parent- teacher association (PTA)-based safety education programs. The toolkit will include topics for all of the following six “E’s”:
• Engineering measures that slow traffic or provide better separation between vulnerable road users and vehicles • Evaluation techniques to monitor implemented tools to see which ones are working best and which ones have not led to the desired outcomes
• Equity assessments that will help prioritize protections for those that need them most • Education programs that will continue to focus on student walking and biking habits along with messaging campaigns for parents and driverson how to behave in school zones during periods with student activity • Encouragement programs to support parents and students in decisions about walking and biking to school • Enforcement strategies to reduce driving behaviors that increase risk and exposure for vulnerable road users We will provide a balanced set of solutions which can be implemented near-term to provide safety enhancements as the City works to implement a longer-termprogram of enhancements that will reduce and eliminate injuries related to school-oriented transportation. The Kimley-Horn team will prepare a tool kit summary to document the inventory of best practices, policy and program recommendations as well as outline tool kit elements citywide.
Task 3 – Public Outreach and Engagement
Task 3.1: Outreach and Engagement Plan
The Kimley-Horn team, with input from the City, will prepare a detailed Outreach and Engagement Plan that will include school and community engagement tools and events to be used throughout the development of Task 2 Deliverables:
9 Draft and final collision and gap
analysis memorandum
9 Tool kit summary
Task 3.1 Deliverables:
9 Outreach and Engagement Plan
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the SRTS Plan. In coordination with City staff, our team will prepare a comprehensive list of stakeholders beyond the 16 schools and five (5) school districts. The Outreach and Engagement Plan will consist of a strategy to fully engage disadvantaged communities, including outreach in English, Spanish, and Korean, and reach out to groups that may not participate in traditional planning events. Sign language interpreters will also be present at all workshop events. The Outreach and Engagement Plan will also include strategies for engaging with stakeholders virtually, where appropriate.
Task 3.2: Project Webpage and Online Outreach
The team will develop content for
an SRTS Plan project webpage on
the City’s website and social media
platforms to promote outreach and
education materials, document
workshops, promote parent and student surveys, workshops, walk audits, the Draft SRTS Plan, and eventually view the Final SRTS Plan. The website will also allow stakeholders to submit feedback without attending meetings. The Kimley-Horn team proposes developing the site as a Story Map using Esri’s web platform. Tabs would be added for each major project milestone, with text describing any findings, recommendations, or input received.
The Kimley-Horn team proposes to use our online mapping tool, PublicCoordinate, to collect input from residents. This mapping tool can be embedded on any webpage and readily shared through social media sites to boost public participation.
Within PublicCoordinate, we will create subpages for each school. Residents will be able to use this interactive, user-friendly tool to highlight specific intersections and locations with concerns and draw segments where they would like pedestrian and bicycle facilities added or upgraded. This mapping tool will identify current barriers and recommendations for suggested improvements around a given school site.
Task 3.3: Student Tallies and Parent Surveys
Kimley-Horn will use the standardized Student Travel Tally and Parent Survey questionnaires from the National Center for Safe Routes to School to collect data on student travel modes and parent attitudes about walking and bicycling to school. We will conduct data collection twice: once at the beginning of the SRTS Plan project, and once at the end. The student travel surveys will be conducted for two (2) typical weekdays from Tuesday
to Thursday. We recommend integrating the parent survey on PublicCoordinate. These
findings will be summarized
into a student tally and parent
survey memorandum.
Task 3.2 Deliverables:
9 Project website, survey, and memo on
Virtual Engagement
9 PowerPoint presentation and photos
SCAN HERE
to see a preliminary
PublicCoordinate
Map prepared for
Buena Park SRTS
Task 3.3 Deliverables:
9 Student Travel Tallies and Parent
Surveys Summary Memorandum
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Task 3.4: Community Engagement
The Kimley-Horn team will prepare and lead up to four (4) workshops for school staff, students, parents, advocates, and other SRTS stakeholders.
The workshops will be based on the National SRTS Course from the National Center for Safe Routes to School. The purpose of the workshops will be to introduce the SRTS Plan project, educate on the six “E’s” of SRTS (Engagement, Equity, Encouragement, Education, Engineering, and Evaluation). Kimley-Horn will work with City staff to identify the two (2) workshops that can be held at a school or location near an underserved school (defined as a school where 75% or more of students are eligible for Free and Reduced-Price Meals). Workshops will be held in-person and will have a virtual option for those who are unable to attend in-person.
Additionally, our team will conduct “pop-up” workshops at up to three (3) public events, such as the City farmer’s markets or community fairs, in order to inform and solicit feedback from the community on the SRTS Plan.
Task 3.5: Walk Audits
Kimley-Horn will also lead school staff, City staff, parents/caregivers, residents, and other interested stakeholders on one (1) walk audit at each school site (16 total audits) during the morning arrival or afternoon dismissal period. These walk audits will be used to observe conditions and behaviors and identify challenges or impediments that currently limit walking and biking to school as well as verify existing conditions of facilities. Our team will provide participants who are unable to join the walk audit with another way to give input such as through the Kimley-Horn online mapping tool, PublicCoordinate. Results of each walk audit will be summarized, including stakeholder feedback and photos, into a Walk Audit Report.
Task 4 – Advisory Committee
The Kimley-Horn team will work closely with the City to compile a comprehensive list of invitees to join an SRTS Plan Advisory Committee (AC). The list may include:
Caltrans District 12 staff
OCTA active transportation and SRTS staff
Safe Kids Orange County
Orange County Health Care Agency
School district staff
School staff
PTAs
Students
Buena Park Police Department
Orange County Fire Authority (OCFA)
Local advocates and community organizations
Others
imley-Horn will prepare AC meeting agendas and meeting notes. Kimley-Horn will establish meetings with the AC every other month for a total of six (6) meetings throughout the project. Our team will host one (1) in-person meeting with the option to join virtually and host the five (5) other virtual meetings. The intent of the AC is to provide advice on potential project and programmatic recommendations that align with their goals, receive input prior to major engagement activities, and review key project deliverables prior to posting to the public or decision-makers.
Task 3.4 Deliverables:
9 Four (4) SRTS Workshops
9 “Pop-up” workshops at up to
three (3) schools
Task 3.5 Deliverables:
9 Walk Audit Reports for all schools (16)
9 Photos and other outreach materials
Task 4 Deliverables:
9 AC invite list
9 AC meetings (up to six), presentations,
agendas, and notes
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Task 5 – Crossing Guard Analysis
Working closely with the City and school districts, Kimley-Horn will develop a methodology to prioritize crossing guard locations that will be informed by Section 7D of the CA MUTCD as well as input from the City and the Kimley-Horn team.
The methodology will be summarized in a Crossing guard prioritization memorandum.
Using this methodology and the information collected as part of Task
1.2, our team will conduct an in-depth analysis of current locations of crossing guards and make recommendations for maintaining, changing, or adding crossing guard locations. We will also host and lead focus group discussions with current crossing guards to discuss history, existing issues, general observations, and potential improvements. These stories may also be used as narratives for future grant applications. Kimley-Horn will use the California School Crossing Guard Training Guidelines (Guidelines) developed by the California Department of Public Health and Caltrans to identify and assess crossing guard training needs. The Guidelines will be referenced and included as a resource for the crossing guard prioritization memorandum.
Task 6 – Recommendations and Prioritization
Kimley-Horn will use the information collected throughout the project in Tasks 1 through 5 to develop infrastructure improvement recommendations within a half-mile radius of each project school, thus generating 16 individualized school reports. We will evaluate each school site for its own points of access to determine whether there are school site barriers exposing students to more traffic that could be eliminated to make a shorter path for access.
The observed entry points as well as pick-up and drop-off areas will be documented, as will locked gates or other points of access that are not open to students. The recommended improvements will aim to make the non- motorized transportation network safer and more convenient for students and parents to walk and bike to school.
Recommendations will include preliminary cost estimates that align with the requirements of the Caltrans ATP , so that the recommendations can be incorporated into future grant applications for implementation. All recommendations, maps, and cost estimates will be included in the Draft and Final SRTS Plan (Task 7).
Kimley-Horn will create an equity-framed and data-driven project prioritization methodology that meets the needs of the City and school districts while yielding projects that are well-positioned for SRTS funding through ATP or other funding mechanisms such as the City’s capital improvement plan.
Using the SRTS Plan Advisory Committee and stakeholder input, school recommendations, and walk audit observations, Kimley-Horn will develop one (1) suggested routes map for each project school (16 total) depicting suggested routes for families to walk or bicycle to and from school. Maps will also include safety tips for drivers and active transportation users.
The suggested routes maps will be made available to schools via digital and print copies, in English, Spanish, and Korean. The suggested routes maps will also be included in the Draft and Final SRTS Plan.
Task 5 Deliverables:
9 Crossing guard
prioritization memorandum
Task 6 Deliverables:
9 Infrastructure improvement
recommendations, maps,
and cost estimates
9 Project prioritization methodology
9 Suggested routes maps
9 Programmatic recommendations
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The Kimley-Horn team will review the existing conditions profile with City staff and document where there are missing facilities or any that need upgrading. The information collected in Task 1.2 will be used as a starting point, with new needs being added where needed based on the subsequent data collection and stakeholder engagement. Factors evaluated for needs identification will include:
Pick-up and drop-off activity on nearby neighborhood streets Level of impact of pick-up and drop-off activity to neighborhoodsafety and traffic operations Campus trips by mode and whether they are inbound or outbound Primary routes to campus
Crossing guard utilization
Additionally, the Kimley-Horn team will prepare engagement, equity, encouragement, education, and evaluation program recommendations. In combination with the infrastructure recommendations, programs will promote a culture that embraces active transportation throughout Buena Park. These recommendations may include, but not be limited to, park and walk drop off locations, walking school buses, bicycle trains, walk/bike to school days, and in-classroom pedestrian/bicycle safety and encouragement education. Programs will be informed through the outreach and engagement described in Task 2 and will address any relevant projects the City or school districts will be implementing. The program recommendations will be included in the Draft and Final SRTS Plan (Task 7).
Task 7 – Draft and Final SRTS Plan
As part of this task, Kimley-Horn will prepare a Draft SRTS Plan for City staff review. The Draft SRTS Plan will be aligned with Caltrans ATP guidance and will include a summary of actionable next steps for implementing infrastructure and program recommendations. The plan will also summarize the outreach processes and stakeholder feedback received, and will reference each of the 16 individual reports as a packaged document set. The final report will be prepared with public consumption in mind and be easily followed by non-technical readers. Based on City staff feedback, Kimley-Horn will revise the Draft SRTS Plan and release a Public Draft SRTS Plan to be presented to the AC and the public.
Following the public comment period, our team will prepare a Final SRTS Plan in electronic form that addresses comments received from the City, AC, the public, and other stakeholders. The Final SRTS Plan will includes a summary of next steps towards implementation, credit Caltrans on the cover and title page, and be submitted to Caltrans in ADA-accessible electronic form.
Task 7 Deliverables:
9 Draft SRTS Plan
9 Public Draft SRTS Plan
9 Final SRTS Plan
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Task 8 – City Council Review/Approval
In collaboration with the City, Kimley-Horn will present to the Buena Park City Council outlining the Final SRTS Plan as well as steps towards implementation. We will work with City staff to respond to and resolve any critical issues, so that the Buena Park City Council can adopt the Final SRTS Plan.
Task 8 Deliverables:
9 City Council Agenda
9 Presentation
9 Documentation of City Council
acceptance/approval
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D. PROJECT SCHEDULE
Our proposed schedule—which details key tasks, including milestone timeframes for primary deliverables—is provided below. This schedule assumes a Notice to Proceed of November 2024 and is anticipated to be completed in 14 months— well in advance of the grant program deadline of February 2026. Our intent is to review this draft schedule with the City at the start of the project so that all parties are on board with the condensed timeline. With many stakeholders, subconsultants, and City departments involved in this planning process, there are areas where the project timeline is susceptible to delay, including the following:
In general, an open line of communication will be necessary between Kimley-Horn, our subconsultants, and the City to keep the project on schedule and within budget. Regular progress meetings will be necessary to discuss project progress, but outside of those meetings, project manager Sowmya Chandrasekhar, PE, TE, PTOE, will be available as-needed for the City staff, and quick phone calls will be necessary to navigate challenges that may arise. Finalizing the existing conditions phase will be dependent on obtaining available data. » Mitigation: The Kimley-Horn team will develop a list of data needed and present it to the City at the kick- off meeting. It will be important for City staff with GIS experience to be at the kick-off meeting. It will also be important for Kimley-Horn to obtain the data as quickly as possible to assess the level of updates necessary. Scheduling stakeholder meetings/public workshops far enough in advance to maximize attendance but align with major milestones on the SRTS Plan.
» Mitigation: The Kimley-Horn team will work collaboratively with the City to identify key stakeholders and schedule tentative dates during the first two months.
Task Description 2024 2025
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Task 0 Project Management
0.1 Project Kick-Off Meeting
0.2 Project Management Meetings
0.3 Monthly Invoicing and Reporting
Task 1 Existing Conditions
1.1 Literature Review
1.2 Data Collection
Task 2 Collision and Gap Analysis
2.1 Collision and Gap Analysis
Task 3 Public Outreach and Engagement
3.1 Outreach and Engagement Plan
3.2 Project Webpage and Online Outreach
3.3 Student Tallies and Parent Surveys
3.4 Community Engagement
3.5 Walk Audits
Task 4 Advisory Committee
4.1 Advisory Committee
Task 5 Crossing Guard Analysis
5.1 Crossing Guard Analysis
Task 6 Recommendations and Prioritization
6.1 Recommendations and Prioritization
Task 7 Draft and Final SRTS Plan
7.1 Draft and Final SRTS Plan
Task 8 City Council Review/Approval
8.1 City Council Review/Approval
Meeting with City Meetings with Advisory Committee Community Workshops/Pop-Up Events City Review Key Deliverable
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E. CONSULTANT’S REPRESENTATIVE
Primary Representative
Sowmya Chandrasekhar, PE, TE, PTOE
[email protected]
213.354.9400
Alternate Representative
Sri Chakravarthy, PE, TE
[email protected]
213.261.4037
F. PROJECT TEAM
Organizational Chart
Kimley-Horn has provided an organizational chart identifying each team member and their expected responsibilities on the SRTS Plan.
Resumes
Kimley-Horn has provided resumes for each of our key personnel in the following pages.
PRINCIPAL-IN-CHARGE
Sri Chakravarthy, PE, TE
QC/QA MANAGER
Darryl dePencier,
AICP , GISP , RSP2B
PROJECT MANAGER
Sowmya Chandrasekhar,
PE, TE, PTOE
GIS
Pam Turner, GISP
CITY OF BUENA PARK
Subconsultants:
1. Redman Consulting, LLC
2. AimTD LLC
IMPROVEMENTS AND COST
ESTIMATES
Nicole Dias, PE
Kevin Chang, EIT
RECOMMENDATION
AND PRIORITIZATION
Deborah Redman1
Ruben Becerra, EIT
EXISTING CONDITIONS
Matt Stewart, PE, TE
Laura Forinash, PE, TE
Charis Ahn, PE
Traffic Counts
Olga Polunin, MBA2
PUBLIC OUTREACH
AND ENGAGEMENT
Tatiana Lundstrom, PE
Zander Dally, AICP
Rossina Chichiri
Jack Park
SRTS PLAN
Ryan Calad, PE, TE
Fluent in Spanish
Fluent in Korean
COLLISION, GAP , AND
CROSSING GUARD ANALYSIS
Angelo Pastelin, PE
Vanessa Wong, EIT
BOLD = Key Personnel
EQUITY
Monica Villalobos
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Sowmya has more than 16 years of professional experience as a transportation engineer. She is experienced in SRTS, ATP , safety studies, corridor operational analyses, traffic impact analyses, traffic signal designs, illumination designs, temporary/permanent traffic control plans, traffic control warrant analyses, parking studies, pedestrian studies, crash analyses, and innovative intersection improvements. Sowmya is well versed in grant funding and application development, specifically related to ATP and corridor safety projects.
Relevant Experience
City of Buena Park, On-Call Transportation Engineering Services, Buena Park, CA – Project Manager* City of Lancaster, SRTS Master Plan, Lancaster, CA – Senior Engineer City of Lancaster, Paraclete High School SRTS Plan, Lancaster, CA – Senior Engineer City of Bakersfield, Monitor Street School SRTS Improvements, Bakersfield, CA – Project Manager City of Bakersfield, Active Transportation Program Cycle 7 SRTS Grant Preparation, Bakersfield, CA – Project Manager
City of Santa Monica, Design Services for SRTS Pedestrian Improvements, Santa Monica, CA – Project Engineer*
City of Lancaster, Challenger Way Corridor SS4A Grant Preparation, Lancaster, CA – Project Manager City of Lancaster, HSIP Cycle 11 Grant Preparation (five applications), Lancaster, CA – Senior Engineer City of Lancaster, Caltrans Active Transportation Program Before and After Pedestrian and Bicycle User Counts, Lancaster, CA – Project Manager
City of Lancaster, Active Transportation Program Cycle 6 and 7 Grant Support, Lancaster, CA – Senior Engineer
City of Lancaster, LRSP , Lancaster, CA – Project Manager City of Simi Valley, LRSP , Simi Valley, CA – Project Manager City of Diamond Bar, Quail Elementary School Study, Diamond Bar, CA – Project Manager City of Diamond Bar, Castle Rock Elementary School Study, Diamond Bar, CA – Project Manager City of Los Angeles, Department of Recreation and Parks, Griffith Park Safety and Mobility Active Transportation Project, Los Angeles, CA – Project Manager City of Bakersfield, Niles and Monterey Complete Streets, Bakersfield, CA – Senior Engineer City of Lancaster, Pedestrian Gap Closures and Street Lighting, Lancaster, CA – Senior Engineer City of Thousand Oaks, Thousand Oaks Boulevard Short Corridor Pedestrian Study, Thousand Oaks, CA – Project Manager*
California State University, Long Beach, Pedestrian Crossing Studies, Long Beach, CA – Project Engineer* New York City Department of Transportation (NYCDOT), SRTS Program, New York City, NY – Graduate Intern*
*Prior to joining Kimley-Horn
Sowmya Chandrasekhar,
PE, TE, PTOE
Project Manager
Professional Credentials
Master of Science, Civil
Engineering, Missouri University
of Science & Technology
Bachelor of Science, Civil
Engineering, Visvesvaraya
National Institute of
Technology, India
Professional Engineer in
California #83100
Traffic Engineer in
California #2760
Professional Traffic
Operations Engineer #3323
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Professional Credentials
Master of Science, Civil
Engineering, Louisiana
State University
Bachelor of Science, Civil
Engineering, Kakatiya
University, India
Professional Engineer in
California #73629
Traffic Engineer in
California #2531
Sri has more than 20 years of traffic operations and transportation engineering experience. Since beginning his career with the County of Los Angeles prior to joining Kimley-Horn, he has participated in a wide variety of school safety and active transportation projects. His project management experience includes corridor planning, signal justification studies, school safety studies, roundabout design, site-specific traffic circulation, and safety studies. Sri has served as a project manager and key staff member for many transportation studies, traffic engineering design and implementation projects, and on-call engineering services.
Relevant Experience
City of Lancaster, SRTS Master Plan, Lancaster, CA – Principal-In-Charge City of Agoura Hills, On-Call Traffic Engineering and SRTS Services, Agoura Hills, CA – Principal-in-Charge City of Agoura Hills, LRSP , Simi Valley, CA – Project Manager City of Los Angeles, Department of Recreation and Parks, Griffith Park Safety and Mobility Active Transportation Project, Los Angeles, CA – Principal-In Charge Sri Chakravarthy, PE, TE
Principal-in-Charge
Professional Credentials
Master of Science, Urban
Spatial Analytics, University
of Pennsylvania
Bachelor of Arts, Geography,
Carleton University
Certificate of Geographic
Information Systems,
Algonquin College
American Institute of Certified
Planners #026552
Geographic Information Systems
Professional #59317
Road Safety Professional 1 #279
Road Safety Professional 2B #17
Darryl has been leading transportation safety projects for more than 17 years, including more than 40 recent SRTS, SSARs, LRSPs, and RSAs. He has developed a number of tools to root out the spatial relationships between collision events to determine the factors and conditions that increase the probability of vehicle crashes. His experience ranges from establishing safety policy language, network screening, crash site engineering reviews, and developing countermeasure toolboxes. Darryl also conducts statistical analyses of crash activity using methods presented in the Highway Safety Manual (HSM), the Local Roadway Safety Manual, and customized analyses for unusual locations or conditions.
Relevant Experience
City of Palm Desert, SRTS Program Development and Funding, Palm Desert, CA – Project Manager City of Bakersfield, Bakersfield ATP , Bakersfield, CA – Project Manager City of Lancaster, SRTS Master Plan, Lancaster, CA – Project Planner Caltrans, Vulnerable Road User Safety Assessment, Statewide, CA – Project Manager Darryl dePencier, AICP ,
GISP , RSP2B
QC/QA Manager
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Professional Credentials
Master of Science, Transportation
Engineering, University of
California, Berkeley
Bachelor of Science,
Civil and Environmental
Engineering, University of
California, Los Angeles
Professional Engineer in
California #90465
Traffic Engineer in
California #3063
Matthew has experience in transportation planning, traffic engineering, and traffic safety analysis. His experience includes preparation of pedestrian and bicycle master plans, safety studies, development of intersection and roadway design guidelines, traffic impact analyses, and stakeholder engagement. He has recently worked on several active transportation and safety projects.
Relevant Experience
City of Lancaster, SRTS Master Plan, Lancaster, CA – Project Engineer Orange County Public Works, ADA Transition Plan, Orange County, CA – Project Manager County of Los Angeles, Bicycle Master Plan, Los Angeles County, CA – Project Manager City of Los Angeles Department of Recreation and Parks, Griffith Park Safety and Active Transportation Project, Los Angeles, CA – Project Engineer
City of Agoura Hills, On-Call Traffic Engineering and SRTS Services, Agoura Hills, CA – Project Engineer Matthew Stewart, PE, TE
Existing Conditions and Analysis
Professional Credentials
Master of Science, Civil
Engineering, Georgia
Institute of Technology
Bachelor of Science, Civil
Engineering, Georgia
Institute of Technology
Professional Engineer in
California #93146
Professional Traffic Engineer in
California #2818
Laura is a professional civil and traffic engineer with more than 11 years of traffic operations and transportation engineering experience. Her experience includes traffic analysis, design, simulation, and transportation planning, with a strong focus on creating safer and more comfortable walking and bicycling environments. Laura has worked extensively on bike master plans, safety action plans, and local roadway safety plans, demonstrating her commitment to active transportation. She has significant experience in school circulation, collaborating with schools, crossing guards, residents, and school districts to improve traffic flow and safety in school zones.
Relevant Experience
City of Lomita, Traffic Calming Toolkit, Lomita, CA – Project Manager City of Agoura Hills, Bicycle Master Plan Environmental Document, Agoura Hills, CA – Project Manager City of Agoura Hills, LRSP , Agoura Hills, CA – Project Manager City of Hawthorne, Safety Action Plan, Hawthorne, CA – Project Manager City of Agoura Hills, On-Call Traffic Engineering and SRTS Services, Agoura Hills, CA – Project Manager City of Laguna Niguel, On-Call Traffic Engineering Services, Laguna Niguel, CA – Project Manager Laura Forinash, PE, TE
Existing Conditions and Analysis
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Professional Credentials
Bachelor of Science, Civil
Engineering, University of
California, Irvine
Professional Engineer in
California #96423
Angelo has assisted with various design, analysis, and operations projects throughout his time at Kimley-Horn. He has been involved with projects that include transportation planning and safety, traffic analysis, fiber design, traffic signal design, and signal timing operations for projects in Orange and Los Angeles Counties. Additionally, Angelo has experience in working with the public to provide education on transportation safety and planning opportunities. He has previously assisted with projects that benefit local communities and worked with the public to incorporate feedback.
Relevant Experience
City of Lomita, Traffic Calming Toolkit, Lomita, CA – Project Lead/Analyst City of Hawthorne, SS4A Action Plan, Hawthorne, CA – Project Lead/Analyst City of Lancaster, SRTS Master Plan, Lancaster, CA – Analyst City of Los Angeles Bureau of Engineering, Broadway-Manchester Active Transportation Equity Project, Los Angeles, CA – Analyst
City of Hawthorne, Various Traffic Engineering Services—Traffic Engineering On-Call, Hawthorne, CA – Analyst
Angelo Pastelin, PE
Collision, Gaps, and Crossing Guard Analysis
Tatiana has more than seven years of experience on a variety of transportation projects from the perspective of both design and outreach. As an outreach coordinator, she has been able to marry her engineering background with her passion for public engagement. Tatiana has organized and led school walk audits for elementary, middle, and high schools in both rural and suburban areas.
She has organized and led successful safe school outreach activities, project workshops with the public, canvassing at community events, and scheduling, planning, and coordination for ATPs and Transportation Safety Action Plans. She has also organized multiple summits and outreach events, while emphasizing equity and accessibility.
Relevant Experience
City of Bakersfield, Active Transportation Plan, Bakersfield, CA – Outreach and Engagement Lead Caltrans, SHSP Update and Implementation, Statewide, CA – Deputy Project Manager Caltrans, Statewide Vulnerable Road Users Safety Assessment, Statewide, CA – Outreach Coordinator City of San Marcos, ATP , San Marcos, CA – Engagement Lead City of San Diego, La Jolla Active Transportation Plan Feasibility Study, San Diego, CA – Deputy Project Manager
Professional Credentials
Bachelor of Science, Civil
Engineering, Clemson University
Bachelor of Arts, Modern
Languages, Clemson University
Professional Engineer in
California #95416
Tatiana Lundstrom, PE
Public Outreach and Engagement
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Professional Credentials
Doctor of Philosophy (ABD), City
and Regional Planning, University
of California, Berkeley
Master of Regional Planning,
City and Regional Planning,
Cornell University
Bachelor of Science, Community
and Regional Development,
University of California, Davis
Monica’s unique experience includes work at the intersection of transportation and community planning, land use, environmental justice, and award-winning community engagement strategies. With 20 years of experience, she has a proven record as a technical specialist and public engagement strategist on a variety of large-scale multidisciplinary transportation planning and policy projects. She has led transportation planning, first/last mile (FLM), outreach, and equity projects. She has worked closely with key decision-makers, community groups, stakeholders, elected officials, and the public.
Relevant Experience
City of Palmdale, Palmdale Sustainable Transportation Plan, Palmdale, CA – Equity Lead* San Diego Association of Governments (SANDAG), SR 78 Comprehensive Multimodal Corridor Plan (CMCP), San Diego, CA – Equity Lead*
SANDAG, SR 67 CMCP , San Diego, CA – Equity Lead*
Los Angeles County Metropolitan Transportation Authority (LA Metro), Eastside Transit Corridor Phase 2, Los Angeles, CA – FLM and Transit Oriented Communities (TOC) Lead SANDAG, Transit Fare Study, San Diego, CA – Outreach Lead *Prior to joining Kimley-Horn
Monica Villalobos
Equity
Professional Credentials
Bachelor of Science, Ecology,
University of California, Irvine
Professional Engineer in
California #91422
Traffic Engineer in
California #2692
Ryan Calad, PE, TE
SRTS Plan
Ryan has more than 18 years of experience and is a recognized leader in the transportation and public works field. He has served in leading roles on many transportation and public works projects and has extensive experience managing projects. He has an extensive planning and design background and is effective at anticipating and resolving problems and issues on concurrent projects involving multidisciplined project teams, agencies, and subconsultants.
Relevant Experience
Town of Apple Valley, SRTS Master Plan, Apple Valley, CA – Project Manager* City of Baldwin Park, SRTS Plan, Baldwin Park, CA – Task Manager* Town of Apple Valley, Town-Wide School Zone Analysis and LRSP , Apple Valley, CA – Project Manager* City of La Habra, Imperial Middle School/Las Positas Elementary School Circulation Analysis, La Habra, CA – Project Manager*
*Prior to joining Kimley-Horn
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Professional Credentials
Bachelor of Science, Civil
Engineering, San Diego
State University
Professional Engineer in
California #86490
Nicole has been leading and supporting the design of multidisciplinary roadway and transit projects across Southern California for more than 12 years. She has worked on a wide range of projects from local roadway improvements to major interchange projects. Her passion is complete streets, active transportation, and safety improvements. Nicole has also worked on projects with a variety of federal, state, and local funding sources and is very familiar with funding processes and requirements.
Relevant Experience
City of Bakersfield, Monitor Street SRTS Improvements, Bakersfield, CA – Contract Manager/ Project Engineer
City of Los Angeles Bureau of Engineering, Broadway-Manchester Active Transportation Equity Project, Los Angeles, CA – Project Manager
City of Los Angeles, Mission Mile-Sepulveda Project (ATP Cycle 5), Project Approval and Environmental Document (PA&ED) Phase, Los Angeles, CA – Project Manager City of Los Angeles, Telfair Avenue Multimodal Bridge Over Pacoima Wash PA&ED and Plans, Specifications, and Estimate (PS&E), Los Angeles, CA – Project Manager Nicole Dias, PE
Improvements and Cost Esimates
Professional Credentials
All pre-dissertation
coursework for Doctorate
of Philosophy, Urban and
Regional Planning, University of
California, Los Angeles
Master of Arts, Urban Planning
and Regional Planning,
University of Iowa
Bachelor of Arts, American
Studies, Grinnell College
Deborah has served as a project manager for projects involving multiple transportation planning modes, missions, and topics. With 35+ years of experience, she provides technical analysis, policy, and strategic planning and conducts public engagement and outreach efforts on controversial topics, using a creative, solution-oriented management style to address complex, difficult issues. She has specialized knowledge in active transportation/SRTS planning and grant preparation, passenger rail, multimodal and freight planning, complete streets, and congestion pricing.
Relevant Experience
City of Lancaster, SRTS Master Plan, Lancaster, CA – Principal-in-Charge City of Lancaster, SRTS Master Plan Update, Lancaster, CA – Project Manager Southern California Regional Rail Authority (Metrolink), San Bernardino Line Transit Corridor Planning Study/Caltrans Sustainable Transportation Planning/Sustainable Communities Grant, San Bernardino County, CA – Grant Writer
Metrolink, Metrolink Systemwide Climate Vulnerable Assessment/Caltrans Sustainable Transportation Planning Grant, Metrolink Service Area, CA – Grant Writer Deborah Redman
Recommendation and Prioritization
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Professional Credentials
Master of Business
Administration, Loyola University
Bachelor of Science, Health
Care Administration, P .Stradins
College, Latvia
Olga is an accomplished business executive with 22 years of experience in the information technology (IT) and transportation industries. She has served as a project director with AimTD LLC for 12 years. She is known for her high energy and flexibility in working with diverse customer bases, and she exceeds customer expectations consistently.
Relevant Experience
OCTA, 2019 and 2023 Congestion Management Program (CMP) Traffic Data Collection, Orange County, CA – Project Director
City of Mission Viejo, 2015 Intersection Turning Movement Counts, Mission Viejo, CA – Project Director Port of Long Beach, 2015 I-710 Shoemaker Bridge Replacement Project—Traffic Operations Analysis Report, Long Beach, CA – Project Director
City of Santa Monica, Citywide Multimodal Study, Santa Monica, CA – Project Director City of Pleasanton, 2017, 2019, and 2023 Citywide Intersection Turning Movement Counts, Pleasanton, CA – Project Director
California Polytechnic University, Pomona, 2017 Parking Occupancy Study, Pomona, CA – Project Director Maricopa Association of Governments (MAG), On-Call Traffic Signal Optimization Program (TSOP), Various Locations, AZ – Project Director
Olga Polunin, MBA
Traffic Signal Timing
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G. REFERENCES
Kimley-Horn has a diverse portfolio of experience which includes both safety planning and engineering, and bicycle and pedestrian facility planning safety design. The projects in this section highlight our team’s comprehensive experience on similar safety projects. Each project was completed, or is in the process of being completed, by members of our project team within budget and on schedule. This gives us the ideal background to be able to complete your SRTS Plan on your terms. We have provided descriptions of these relevant projects as well as references for each one. We invite you to contact our references; these individuals will tell you that we listened to their needs, met their schedules, accomplished their missions, and delivered results.
SRTS has been a focus area of Kimley-Horn’s staff since our inception and funding in California more than 25 years ago. The different characteristics of the study area around each school—as well as different characteristics of the administrators, parents, and children at each school—mean a customized approach to each school is essential to the success of any program. Walking audits may identify differing problems related to the safety of school children including speeding, high traffic volume, parking conflicts, and conflicts in the shared public space between passenger vehicles, buses, bicycles, and pedestrians. All these conflicts lead to increasingly unsafe conditions for children and parents. Programs may identify a greater need for a focus on bike or pedestrian safety, revised drop-off and pick-up policies, or encouragement programs for parents and students to increase walking, biking, or carpooling to school. At Kimley-Horn, our SRTS practice focuses on creating safe and convenient opportunities for children (and adults) to bicycle and walk to each of the study area schools. Secondary benefits to children and their neighborhoods include improved health, reduced traffic congestion and speeding, better air quality, and enhanced neighborhood safety. The culmination of our process is to provide schools with a plan that represents a consensus of the needs and preferences of the school administrators, parents, local residents, and municipal agency staff.
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What truly sets our team apart is our in-depth experience planning and designing SRTS elements. Our approach of listening to our clients’ safety concerns and understanding design solutions while we formulate conceptual planning improvements results in efficient and successful projects. This means SRTS elements can be designed and constructed more quickly to enhance safety around each school as quickly as possible.
City of Lancaster
Project Name: SRTS Master Plan
Project Description: Kimley-Horn and Redman Consulting worked with the City of Lancaster to update their 2016 SRTS Master Plan for 30 public schools. The refreshed plan incorporated enhanced community outreach and engagement activities as a result of the COVID-19 pandemic, which included gathering input from students, teachers, parents, and administrators regarding the effectiveness of different elements of the program. The plan also focused on changes in travel patterns and updated profiles of the City of Lancaster’s transportation system to confirm that the program will be adapted to suit those elements. One of the key project objectives was to minimize conflicts between roadway users and students by creating a safe environment for walking and cycling to school while also working toward the City of Lancaster’s Vision Zero safety goals through improved engineering, education, and enforcement approaches.
Reference: Candice Vander Hyde, Management Analyst | [email protected] | 661.723.5851 City of Agoura Hills
Project Name: On-Call Traffic Engineering and SRTS Services Project Description: Kimley-Horn has been providing staff augmentation services to the City of Agoura Hills as a part-time City Traffic Engineer for nearly eight years. Kimley-Horn staff provide general on-call traffic engineering services, project management, staff augmentation, and engineering services for a variety of infrastructure and capital improvement projects and city programs/services. As part of the on-call, Kimley-Horn team has addressed safety and mobility concerns for multiple schools and implemented SRTS improvements across the city.
Reference: Ramiro Adeva, Assistant City Manager | [email protected] | 818.597.7353 City of Bakersfield
Project Name: Monitor Street School Corridor Active Transportation Improvements Project Description: Kimley-Horn is currently working with the City of Bakersfield to identify improvements that can be implemented to a 2.8 mile stretch of the Monitor Street school corridor. The corridor contains several signalized intersections, stop-controlled intersections, and T-intersections. Existing pedestrian facilities consist of concrete sidewalk and access ramps at the intersections. The challenges the corridor faces include wide streets, long distances between intersections, lack of landscaping, poor parking and bicycle lane striping, and reduced visibility. Kimley-Horn is conducting a preliminary study of the corridor and preparing conceptual designs for proposed improvements. Our team is also providing support to the City of Bakersfield’s pavement rehabilitation program through signing and striping plans. Following the preliminary study, Kimley-Horn will work with the City of Bakersfield to engage local stakeholders and community members to gather input and feedback on the conceptual designs. Once outreach and preliminary engineering is complete, our team will identify available grant funding opportunities and compile the information in a report to the City of Bakersfield.
Reference: Paul Archer, Advanced Project Delivery Group Lead | [email protected] | 661.326.3350
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City of Los Angeles, Department of Recreation and Parks Project Name: Griffith Park Safety and Mobility Active Transportation Project Project Description: Kimley-Horn assisted the City of Los Angeles, Department of Recreation and Parks to conduct an engineering assessment of Crystal Springs Drive and Griffith Park Drive in Griffith Park, the largest municipal park in the City of Los Angeles. The project included an evaluating of existing conditions on the study roadways and preparing recommendations to reduce cut-through traffic, calm traffic, and improve safety for all road users. We prepared conceptual plans for short-term, mid-term, and long-term improvements. Recommended improvements included Class II and Class IV bicycle facilities, crosswalk improvements, reduction in curb radii at intersections, and speed humps. We presented the recommendations to several groups of stakeholders and participated in community engagement workshops. As part of the project, ridership data was obtained from LA Metro and the need to consolidate/remove bus stops was assessed. We also provided construction support for all aspects of the project, including the conversion of Griffith Park Drive to an active transportation roadway.
Reference: Stefanie Smith, Superintendent of Recreation and Parks Operations | [email protected] | 323.661.9465 City of Diamond Bar
Project Name: Professional On-Call Traffic, Transportation, and SRTS Services Project Description: Since 2018, Kimley-Horn has been providing on-call traffic engineering services to the City of Diamond Bar based on our performance on the Adaptive Traffic Control Systems Design and Implementation project, which is the first citywide adaptive control system deployment in California. As part of this on-call contract, the Kimley-Horn team has addressed safety and mobility concerns for multiple schools and implemented SRTS improvements across the city. Additional traffic engineering services we have provided include a review of parking studies, traffic control plans, developmental review, traffic signal timing improvements, traffic management center (TMC) support, and communication systems support to the City of Diamond Bar staff.
Reference: Christian Malpica, Associate Engineer | [email protected] | 909.839.7040 City of Palmdale
Project Name: Sustainable Transportation Plan and School Access Study Project Description: Kimley-Horn developed a Sustainable Transportation Plan for the City of Palmdale that focused on improving roadway safety and reducing vehicle miles traveled to help the City of Palmdale achieve its sustainability goals.
This project included a review of school circulation pick-up and drop-off operations at several city schools to both enhance traffic safety and to encourage more walking and biking trips to school. The project included a robust review of historical traffic safety, identification of trends and patterns in traffic crashes, and development of a toolbox of safety improvements that the City of Palmdale can draw from to eliminate higher risk roadway conditions as resources allow. The study also included a review of existing travel patterns and trip lengths to determine which portions of the city generate the most vehicle-miles traveled (VMT), and what methods and tools the City of Palmdale can use to make its development more sustainable. The study also included an assessment of equity to help plan equitable benefits to all Palmdale residents.
Reference: Jay Nelson, City Traffic Engineer | [email protected] | 661.267.5320
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City of Artesia
Project Name: ATP
Project Description: Kimley-Horn was selected by the City of Artesia to prepare an ATP that prioritizes citywide pedestrian and bicycle improvements and complements visioning efforts for their commercial and historic districts as well as improvements to the South Street Corridor and Pioneer Boulevard/Downtown Specific Plan that had already taken place. We were responsible for analyzing existing bicycle and pedestrian environments, identifying potential bicycle and pedestrian improvement projects, and helping to create project cut sheets that are ready for the City of Artesia to submit for grant funding. We were also responsible for developing 30% plans for two priority projects identified through the prioritization process. The project was completed within budget and with minimal disruptions to the schedule due to COVID-19. Elements of this plan, particularly the Pioneer Boulevard 30% design, assisted with developing recommendations and guidance for a future Downtown Specific Plan to transform Downtown Artesia.
Reference: Karen Lee, Special Projects Manager | [email protected] | 562.865.6262 H. SUB-CONSULTANT
In an effort to provide the City with the depth of resources necessary to seamlessly deliver services for the SRTS Plan, Kimley-Horn has teamed with two skilled and experienced subconsultants to supplement our in-house team. Not only are these firms talented from a technical standpoint, but they also understand the local environment and strong working relationships with members of the Kimley-Horn team, as they have supported us on other projects.
Kimley-Horn will direct and compensate our subconsultants.
Redman Consulting, an LLC Sole Proprietorship, was originally formed in 2000 in Los Angeles. In 2012, Deborah Redman, the principal and sole employee of Redman Consulting, re-established the firm in Oregon. The firm is a women’s business enterprise (WBE), disadvantaged business enterprise (DBE), and emerging small business (ESB) in Oregon; a DBE in California; and a certified small business enterprise (SBE) by LA Metro.
Their community business enterprise (CBE) certification by the County of Los Angeles is pending.
AimTD LLC was founded in 2012 and has since been providing accurate traffic data collection with a focus on customer service. They conduct over 10,000 traffic counts annually. AimTD has traffic data collection contracts with many municipalities including the City of La Habra, City of Yorba Linda, City of Santa Ana, City of Tustin, City of Mission Viejo, County of Orange, OCTA, City of Pasadena, City of Beverly Hills, City of Santa Monica, Los Angeles Department of Transportation (LADOT), City of Chino, and City of Riverside.
I. FEE SCHEDULE
Kimley-Horn has provided our fee schedule and schedule of rates in the following pages.
PROPOSAL FOR PROFESSIONAL SERVICES FOR THE
Development of the Buena Park Safe Routes to School Plan City of Buena Park TRCALAD001834.2024
F-1
196.54% Overhead%
195.57% Overhead% w/o FCCM
Category/Title
10% Fee% Direct Rate $113.97 $101.31 $86.37 $70.87 $60.80 $48.01 $55.13 $41.99 Billing Rate $371.65 $330.37 $281.65 $231.10 $198.27 $156.56 $179.78 $136.93 Task 0 3 43 3 29 29 14 14 135 $ 33,051.43
0.1 Project Kick-Off Meeting 3 3 3 9 $ 2,279.22
0.2 Project Management Meetings 3 26 3 26 26 84 $ 21,713.17
0.3 Monthly Invoicing and Reporting 14 14 14 42 $ 9,059.04 Task 1 5 10 20 58 93 $ 18,170.87
1.1 5 5 10 10 30 $ 6,936.74
1.2 5 10 48 63 $ 11,234.14
Task 2 5 10 40 55 $ 11,893.57
2.1 5 10 40 55 $ 11,893.57
Task 3 8 105 14 147 142 172 588 $ 130,659.57
3.1 2 5 5 10 10 32 $ 8,097.12
3.2 12 4 24 24 32 96 $ 20,405.85
3.3 4 5 5 32 46 $ 8,895.14
3.4 6 36 60 60 60 222 $ 49,279.06
3.5 48 48 48 48 192 $ 43,982.40
Task 4 24 24 24 72 $ 17,232.79
4.1 24 24 24 72 $ 17,232.79
Task 5 16 2 16 40 0 74 $ 17,477.56
5.1 16 2 16 40 74 $ 17,477.56
Task 6 2 40 4 40 60 80 226 $ 48,749.61
6.1 2 40 4 40 60 80 226 $ 48,749.61
Task 7 12 40 60 80 160 352 $ 72,451.71
7.1 12 40 60 80 160 352 $ 72,451.71
Task 8 16 16 32 $ 8,983.58
8.1 City Council Review/Approval 16 16 32 $ 8,983.58
25 289 23 342 391 436 14 14 1534
$9,291.32 $95,476.60 $6,477.95 $79,037.89 $77,522.39 $68,259.80 $2,516.88 $1,916.99 $ 340,499.82 $ 91,518.00
$ 67,518.00
$ 24,000.00
$ 432,017.82
TOTAL HOURS
Subtotal Labor:
Other Direct Costs
Draft and Final SRTS Plan
Redman Consulting, LLC (Subconsultant)
AimTD (Subconsultant)
Recommendation and Prioritization
Recommendations and Prioritization
Draft and Final SRTS Plan
Advisory Committee Meetings
Crossing Guard Analysis
Crossing Guard Analysis
Public Outreach and Engagement
Outreach and Engagement Plan
Project Webpage and Online Outreach
Student Tallies and Parent Surveys
Community Engagement
Walk Audits
Advisory Committee
Collision and Gap Analysis
Collision and Gap Analysis
Existing Conditions
Literature Review
Data Collection
TOTAL COST:
City of Buena Park
Development of the Buena Park Safe Routes to School Plan Kimley-Horn and Associates, Inc.
Project
Support
TOTAL HOURS TOTAL COST
Analyst Sr. Project
Support
City Council Review/Approval
Professional II Professional ISr.
Professional III
Sr.
Professional II
Sr.
Professional I
Existing Conditions
PROPOSAL FOR PROFESSIONAL SERVICES FOR THE
Development of the Buena Park Safe Routes to School Plan City of Buena Park TRCALAD001834.2024
F-2
Rate Schedule
Effective through June 30, 2026
Classification Billing Rate per Hour
Analyst $156.56
Professional I $198.27
Professional II $231.10
Sr. Professional I $281.65
Sr. Professional II $330.37
Sr. Professional III $371.65
Sr. Project Support $179.78
Project Support $136.93
Other Direct Costs: Outside Printing/Reproduction, Delivery Services/USPS, Misc.
Field Equipment/Supplies, and Travel Expenses will be billed at actual cost. Mileage will be billed at the Federal Rate.
Subconsultants: Billed at cost plus 10%.
CONTACT
SOWMYA CHANDRASEKHAR, PE, TE, PTOE
[email protected]
213.354.9400
660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 WWW.KIMLEY-HORN.COM
The entirety of this proposal, including text and images, is the property of Kimley-Horn and Associates, Inc., protected under US copyright law.
Copyright © 2024 Kimley-Horn and Associates, Inc.
City of Buena Park
City Council Regular Meeting Agenda Report
B. RECEIVE AND FILE A DRAFT REPORT REGARDING THE BUENA PARK STAFFING AND ORGANIZATIONAL
ASSESSMENT
Meeting
Tuesday, October 22, 2024, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5B.
Presented By
Eddie Fenton, Assistant City Manager
Prepared By
Eddie Fenton, Assistant City Manager/Director of Human
Resources
Approved By
Aaron France, City Manager
RECOMMENDED ACTION
1) Receive and file a draft report.
PREVIOUS CITY COUNCIL ACTION
On Tuesday, November 28, 2023, the City Council participated in a Goal Setting and Team Building Workshop facilitated by Lisa Gordon of Lisa Inspires. On January 9, 2024, the City Council adopted the City Council Goals and Objectives for Calendar Years 2024-2026. On May 28, 2024, the City Council approved a budget amendment to allocate funding to the Human Resources Department for the organizational assessment of all City departments.
DISCUSSION
BACKGROUND:
Over the last year the City has conducted extensive engagement throughout the community to allow residents, businesses, and community members from every corner of Buena Park to Speak Up and join the conversation.
After several community presentations, months of outreach, two scientifically-conducted community surveys, and many community updates and emails, the City would like to thank the nearly 2,000 residents who have participated in Speak Up Buena Park! and gave their feedback through the community discussion around City service needs and priorities.
Furthermore, residents voiced their appreciation and reliance on local public infrastructure and senior citizen services. Residents have told us their priority is for safe, clean water to drink and to protect the community’s drinking water sources and increase water supplies. Residents also expressed the desire to repair and maintain local neighborhood streets, roads, alleys, and sidewalks and make them safer.
Based on the Community’s survey response (Speak Up Buena Park!) and City Council’s direction in furtherance of the City Council’s Goals and Objectives 2024-26, Key Focus Area #3, the City Manager retained the services of Municipal Resource Group, LLC (“MRG”) to conduct an All-City Department assessment of effectiveness, efficiencies, and staffing needs and provide the City Manager with a report of their findings and recommendations.
The purpose of this assessment was to gain a better understanding of the overall operational efficiency of providing the highest quality of City services to the public at the best value and identify areas that may not be operating efficiently due to shortages of staff and other resources. This assessment also made recommendations regarding staffing levels while identifying cost savings measures to eliminate duplicate efforts, waste, inefficiency, and possibly incorporate information technology to automate processes to increase productivity.
DISCUSSION:
As a result of a recent strategic planning session with the City Council, the City Council directed staff to assess all City department operations to review operational effectiveness and efficiencies, as well as staffing levels. The City Manager directed an outside consulting firm, MRG, to conduct an organizational and staffing level assessment of all City departments to better prepare the organization for delivering services in the future.
The primary purpose of this review was to provide the City with a snapshot of observations and recommendations regarding organization staffing and potential staffing needs; organizational structure and resource allocation; review service delivery models, and supervisory structures. Recommendations for areas of organizational improvement were included in the analysis. City departments assessed include: City Manager’s Office, Human Resources and Risk Management, City Clerk’s Office, Finance, Community and Economic Development, Public Works, and Community Services. These departments have approximately 152 full-time equivalent (FTE) employees.
The Organizational Assessment kicked off in September 2024, and was led by two highly-skilled professionals from MRG. The objective was to collaborate with staff from each department in evaluating the department’s organizational structure, operations, and services.
The assessment focused on identifying opportunities for improvement and enhancing overall efficiency and service delivery to each department’s operational structure. Therefore, the recommendations provided by MRG did not include an assessment of their fiscal impact on the organization. It is recognized that given the City’s current fiscal constraints, implementing many of these recommendations may require adding additional funding sources or reallocating existing financial resources.
NO. DEPARTMENT RECOMMENDATION
1 City Manager's Office
Add One new
position
Reclassify One
position
2 Human Resources Add 2-3 new
positions
3 City Clerk's Office Add One new
position
4 Finance Add 2-3 new
positions
5 Community
Development
Add 2 new
positions
Reclassify One
position
6 Community Services
Add 3-6 new
positions
Reclassify One
Part-Time
position to Full-
Time
7 Public Works
Add 8 new
positions
Reclassify 14
Part-Time
positions to Full-
Time
8 Information Technology Add One new
position
All recommendations should be considered in establishing future goals and objectives for each Department. The future implementation of staffing needs to begin now, but any and all new staffing should be considered in a three to five-year strategic hiring plan that will assist in identifying necessary funding strategies.
The final report will be posted to the City website within in approximately one month.
BUDGET IMPACT
There is no budget impact from receiving and filing this draft report. However, implementing the recommendations from this assessment could cost between $3,000,000 to $4,000,000 annually in personnel costs. The estimated cost does not include any necessary vehicle or equipment purchases or infrastructure needed to support these new positions. Though it would take time over multiple fiscal years to reorganize and scale all of the City Department activities as a result of this report, the benefits and enhancements to the community would be significant.
City of Buena Park
City Council Regular Meeting Agenda Report
C. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 1.12 OF THE BUENA PARK MUNICIPAL CODE
PERTAINING TO CITY LOGOS, AND A RESOLUTION ADOPTING OFFICIAL LOGOS FOR THE CITY'S OFFICE OF
SUSTAINABILITY
Meeting
Tuesday, October 22, 2024, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5C.
Presented By
Chris Cardinale, City Attorney
Prepared By
Christopher G. Cardinale, City Attorney
Approved By
Aaron France, City Manager
RECOMMENDED ACTION
1) Adopt an ordinance amending Section 1.12.050 of the Buena Park Municipal Code relating to official logos, logotypes, and patches of the City of Buena Park; and 2) Adopt a resolution related to official logos for the City of Buena Park's Office of Sustainability and its associated programs.
PREVIOUS CITY COUNCIL ACTION
The City Council has previously taken action by ordinance or policy to protect and prevent the misuse of the City's seal, logo and insignia.
DISCUSSION
The City seal, City logo, and City insignia are personal property of the City and the City can control their use as well as prevent other parties from unauthorized use. Misuse or unauthorized use of the City's official seal, City logo, and other City insignia can cause confusion or misrepresentation that a statement, event, or organization is supported or endorsed by the City. For this reason, Chapter 1.12 of the Buena Park Municipal Code formally adopts and prevents the unauthorized use of the City's seal, logo, logotype, and official patches of the Buena Park Police Department. Violations of Chapter 1.12 may enjoined through an civil injunction or punished through civil or administrative fines and penalties under general penalty provisions of the Buena Park Municipal Code.
In connection with providing services or programs to the community, the City at times creates and utilizes additional original distinctive markings that serve to both identify and distinguish the specific departments, services or programs of the City to the community. To protect and prevent unauthorized use of these original creations, City staff identified the need to afford similar protection to "department and program logos" as the City has already extended to the City's seal, official logo, and police department patches.
To address this need, staff has prepared an ordinance for the City Council's consideration that would amend Section 1.12.050 of the Buena Park Municipal Code to add department-and-program-specific logos, imagery, or similar distinctive markings to the list of seals, logos, and patches already adopted and protected in Chapter 1.12.
The draft code amendment provides a flexible mechanism for the City Council to adopt and approve department and program logos resolution if and when the need arises.
The Office of Sustainability within the Community and Economic Development Department has created new logos, imagery, characters, and artwork which staff proposes to use in connection with various sustainability programs.
The proposed logos and imagery are presented in an Attachment to this Agenda Report and consists of the following:
A green-shaded version of the City's logo to signify environmental awareness and sustainability; A logo for the City of Buena Park Office of Sustainability; and The "Buena Park Sustainabuddies" - five original cartoon characters that each represent a different aspect of the City's sustainability efforts and will be used to identify and raise awareness for sustainable and environmental conservation services and programs of the City.
Staff has prepared a draft resolution for the City Council's consideration that, if approved in connection with ordinance described above, would adopt and protect these unique and original creations exclusively for the City's use. If approved by the City Council, staff will also seek formal trademark / copyright protection of the Buena Park Sustainabuddies to further protect against unauthorized use.
BUDGET IMPACT
There are no direct budget impacts associated with this item.
Attachments
Draft Code Amendment re Department Programs and Logo's.pdf Sustainabuddies Resolution.pdf
Office of Sustainability Logos.pdf
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF BUENA
PARK, CALIFORNIA, AMENDING SECTION 1.12.050 OF THE BUENA
PARK MUNICIPAL CODE RELATING TO OFFICIAL LOGOS,
LOGOTYPES, AND PATCHES OF THE CITY OF BUENA PARK
WHEREAS, the City of Buena Park (“City”) is a California charter city vested with the police powers to enact and enforce local ordinances necessary to protect and advance the general health, safety, and welfare of the community;
WHEREAS, in connection with identifying and promoting City services and programs to the public, the City creates original logos, imagery, artwork, symbols, emblems, characters, and similar distinctive markings that serve to identify specific departments, services or programs of the City, and the City Council for the City of Buena Park desires to protect such distinctive City markings from misappropriation or unauthorized use by third-parties;
WHEREAS, under relevant provisions of federal and state law, the City is authorized to protect and regulate the use of official seals, logos, insignia or other distinctive markings designed and adopted by the City to promote public identification and recognition of the products, uniforms, vehicles, employees, and/or other official services or programs of the City;
WHEREAS, Chapter 1.12 (CITY SEAL) of Title 1 (General Provisions) of the Buena Park Municipal Code identifies, adopts and prohibits the unauthorized third-party use of the official seal, logos, typefaces, and patches of the City and the Buena Park Police Department, and the City Council desires to amend said Chapter to include protections for other official markings that have been adopted and approved by the City Council in connection with City programs or services; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred or been duly performed.
THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated herein as part of the findings.
SECTION 2. Section 1.12.050 (Use of city logos, logotypes, and patches) of Chapter 1.12 (CITY SEAL) of Title 11 (General Provisions) of the Buena Park Municipal Code is hereby amended to read as follows (new text underlined and deleted text stricken):
§ 1.12.050. Use of city logos, logotypes, and patches.
A. City Logo and City Logotype. The following symbols, or any variety of the following symbols, with the inscription thereupon constitutes and is adopted as the official logo and logotype of the city of Buena Park.
B. Police Department Patch. The following symbol or any variety of the following symbols with the inscription thereupon constitutes and is adopted as the official patch of the police department of the city of Buena Park.
C. Department and Program Branding. The City Council may, from time to time, by resolution adopt logos, imagery, artwork, symbols, emblems, characters, or other similar distinctive markings of original creation to serve as official logos or branding for any department or program of the city of Buena Park. The city clerk shall have the official custody of all such official distinctive markings.
CD.Violation.
1. The official city logo, logotype, and patches, and the official distinctive logos or branding of any city department or program, are for the exclusive use by the city, their officials and employees in the course and scope of their official duties. Nonprofit organizations located in the city of Buena Park may use the city logo, and logotype, or distinctive program logos or branding with permission of the city clerk or her or his designee, in perpetuity or until officially revoked by the city clerk or her or his designee. No other persons may use, adopt, alter, or reproduce the official city logo, or the Buena Park police department patches, or any official distinctive logo or branding of a City department or program, without the express written authorization of the city clerk or her or his designee, of the city of Buena Park.
2. The official city logo, logotype, and patches, or distinctive department or program logos or branding, are strictly prohibited for use in any media formats for political campaign literature.
3. A violation of any provision of this section or a failure to comply with any mandatory requirements of this section is subject to prosecution in accordance with Title 1, Chapter
1.04, Section 1.04.050, of the Buena Park municipal code and may be enforced through criminal, civil, administrative, injunctive or other relief available by law.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end, the provisions of this Ordinance are declared to be severable.
SECTION 4. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 5. EFFECTIVE DATE; RETROACTIVITY. The effective date of this Ordinance shall be thirty days (30) from the date of adoption as provided by law. This Ordinance shall apply retroactively, in its entirety, to the period of time between the date this Ordinance was adopted and the effective date of this Ordinance.
SECTION 6. CERTIFICATION. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published or posted according to law.
PASSED AND ADOPTED this ______ day of _______ 2024, by the following called vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________________
Mayor
RESOLUTION NO._______________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFONRIA, APPROVING AND ADOPTING OFFICIAL LOGOS FOR THE CITY OF BUENA PARK’S
OFFICE OF SUSTAINABILITY AND ASSOCAITED PROGRAMS
WHEREAS, in connection with providing informational information and services to the community, the City of Buena Park (“City”) sometimes creates and utilizes original logos, imagery, artwork, symbols, emblems, characters, and similar distinctive markings that serve to identify the specific departments, services or programs of the City;
WHEREAS, the City Council for the City of Buena Park (“City Council”) is committed to improving the sustainability of the environment as evidenced by dedicated efforts across various departments, the creation of the City’s Office of Sustainability, and directing the preparation and implementation of a Climate Action and Adaptation Plan that will serve as the City’s strategic plan for reducing greenhouse gas emissions and adopting to effects brought on by climate change (cumulatively the “Sustainability Programs”); WHEREAS, the City has developed and created original and distinctive logos, imagery, characters, and similar distinctive marketings for use by the City’s Office of Sustainability and/or in connection with Sustainability Programs, as those logos and distinctive markings are depicted in Exhibit “A” to this Resolution (the “Sustainability Office Logos”), and the City Council for the City of Buena Park desires to protect the Sustainability Office Logos from misuse or misappropriation by third-parties; WHEREAS, relevant provisions of federal and state law allow the City to protect and regulate the use of official seals, logos, insignia and other distinctive markings that are designed and adopted by the City to promote public identification and recognition of the City’s programs and services; WHEREAS, Chapter 1.12 (CITY SEAL) of Title 1 (General Provisions) of the Buena Park Municipal Code prohibits the unauthorized third-party use of the official seal, logos, typefaces, and patches of the City and the Buena Park Police Department, and Section 1.12.050.C. allows the City Council by resolution to adopt additional logos, imagery, artwork, characters, or other similar distinctive markings of original creation to serve as official logos or branding of City departments or programs; and WHEREAS, the City Council desires to adopt this Resolution to add the Sustainability Office Logos to the list of official logos or distinctive marketings of the City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Buena Park as follows:
Section 1. Pursuant to Chapter 1.12.050.C of the Buena Park Municipal Code and applicable federal and state laws, the City Council for the City of Buena Park hereby adopts and approves the Sustainability Office Logos as official logos, imagery, artwork, characters, or branding materials for the City of Buena Park, the Office of Sustainability, and the Sustainability Programs, and directs that the Sustainability Office Logos be subject to the protections and use restrictions described in Chapter 1.12 of the Buena Park Municipal Code.
Section 2. The City Clerk, City Manager, and City Attorney are hereby authorized and directed to take such actions as are reasonably necessary or advisable to effectuate the purpose of this Resolution and protect the rights, interest, property of the City.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Buena Park this ___________, 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
Attest:
By:__________________________
City Clerk
Figure 1: green-shaded version of City’s logo
Figure 2: green horizontal logo for Office of Sustainability
Figure 3: Buena Park Sustainabuddies
City of Buena Park
City Council Regular Meeting Agenda Report
D. CONSIDERATION OF AN ASSIGNMENT AND SECOND AMENDMENT TO AFFORDABLE HOUSING DISPOSITION
AND DEVELOPMENT AGREEMENT (AHDDA) WITH C&C DEVELOPMENT
The City Council will consider approving an Assignment and Second Amendment to the Disposition and Development Agreement with C&C Development concerning the City-owned property located at 7101 Lincoln Avenue, Buena Park, CA.
Meeting
Tuesday, October 22, 2024, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5D.
Presented By
Christopher G. Cardinale, City Attorney
Prepared By
Christopher G. Cardinale, City Attorney
Approved By
Aaron France, City Manager
RECOMMENDED ACTION
1) Approve a Second Amendment to the Affordable Housing Disposition and Development Agreement with C&C Development to subordinate the City's security interest in the property to project loans issued by the County of Orange, extend the construction schedule, modify the unit-mix, and make other clerical or conforming changes; and 2) Authorize the City Manager, City Attorney and City Clerk to finalize and execute the Second Amendment and take such additional actions as are reasonably necessary to complete the transaction.
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, 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 Developer, as well as financial assistance from the City to develop a 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 tax exempt bonds and tax credits that are necessary to fund the Project.
DISCUSSION
The development project transaction has continued to progress and the parties are preparing to complete the final conditions precedent to the closing, with escrow anticipated to close before the end of this calendar year. In addition to finalizing the Land Use Entitlements with the City, C&C Development has also finalized and obtained the financing needed to develop the Project.
As is common with affordable housing projects, the Project's construction and permanent financing is comprised of a mix of institutional and governmental lenders. These lenders have a variety have underwriting and regulatory requirements that have triggered the need to consider a Second Amendment to the AHDDA ("Second Amendment") to modify terms in several areas discussed below:
Lien Priority: The City of Buena Park is providing a total of $4,850,000 in funding comprised of a loan for the purchase price of the Property in the amount of $3,850,000, and a development loan in the amount of $1,000,000 (the "City Loans"). The terms and conditions of the City Loans are documented in the AHDDA: both will have a term of 55-years, require Project units to be restricted to households earning between 30% and 70% of AMI for 55-years, and will be secured by a deed of trust that will be recorded on the Property at the closing.
The complete list of permanent loans for the Project obtained by C&C, and planned to be secured by the Property, are as follows:
Permanent Financing
Source Amount
Citi Bank Tax Exempt
Loan $9,683,160
Orange County HCD -
SNHP / MHSA $1,759,040
Orange County HCD -
PSH Loan $1,200,000
City of Buena Park -
Land Value Loan $3,850,000
City of Buena Park -
Development Loan$1,000,000
County Housing
Financing Trust $1,154,290
CalOptima Grant / MGP
Loan $8,000,000
Because the City owns the subject Property and it committed funds to the Project early in the planning process, the original AHDDA states that the City's Loans are to be secured in a second lien priority behind only construction funding that is provided by an institutional lender, in this case Citi Bank, and senior to any funding provided by the County.
However, the terms and conditions of the funding obtained by C&C Development from the County instead require the County's loans be recorded senior to the City Loans. Specifically, the County's guidelines for affordable housing funds specify that liens securing loans from cities must be subordinated to the County's liens except when the amount of a city's contribution exceeds the financial assistance being provided by the County. The guidelines also advise that any long-term rental subsidies provided by the County must be included in calculating its total contribution to a project.
As applied to this Project, the County is providing $4,761,120 in rental vouchers to the Project, in addition to the $2,959,040 in direct construction funding outlined above, meaning the County's total financial assistance to the Project is $7,720,160. Because this exceeds the $4,850,000 in loans being provided by the City, the County is requiring, and C&C Development has requested, that the City approve the subordination of the City Loans to allow the parties to proceed with finalizing and closing the transaction.
Housing Unit Mix: The tax credit financing and other funding sources obtained by C&C Development for the project also requires small adjustments to the unit mix and affordability levels for the units, but there is no change in the total number of units (55) nor the level or number of affordable units that are restricted by the City:
Bedroom Mix: The AHDDA calls for 15 one-bedroom units, 23 two-bedroom units, and 17 three-bedroom units. This mix has been revised slightly to replace a one-bedroom unit with a three-bedroom unit creating the following new mix: 14 one-bedroom units, 23 two-bedroom units, and 18 three-bedroom units.
Tax Credit Affordability Levels: The AHDDA contemplated the following affordability unit mix: 14 units at 30% AMI; 11 units at 40% AMI; 4 units at 50% AMI; 18 units at 60% AMI; and 7 units at 70% AMI; with one mangers unit. The tax credits awarded to the project require this mix to be adjusted as follows: 17 units at 30% AMI; 9 units at 40% AMI; 13 units at 60% AMI; and 15 units at 70% AMI; with one manger's unit.
Development Schedule: The AHDDA currently requires construction of the project to be completed within 20 months of when construction begins, and while C&C Development intends to proceed with construction as expeditiously as possible, lenders for the project have requested this term be extended to 36-months to account for unforeseen delays or circumstances.
CEQA: A Mitigated Negative Declaration was previously prepared and certified that evaluated the potential environmental impacts of the Project and concluded that the project would not result in any significant and unmitigated impacts to the environment. The Second Amendment does not make any changes or revisions to the project that create the potential to cause any new, additional or increase the severity of impacts to the environment and therefor is exempt from further study pursuant to the common sense exemption. With the City Council's approval of the Second Amendment staff will proceed with the filing of any notices of determination that may be required.
Staff has reviewed and recommends the City Council approve the each of these requested changes, and authorize the City Manager and City Attorney to finalize and execute a Second Amendment to the AHDDA that includes these and other confirming or clerical changes needed to finalize the transaction and allow C&C Development to proceed with closing and development.
BUDGET IMPACT
There is no direct budget impact associated with this item.
Attachments
Agenda Draft - Assignment and Assumption of and Second Amendment to Affordable Housing Disposition andDevelopment Agreement - Buena Park(3822953.4.pdf Original DDA - CC Development.pdf
First Amendment to DDA.pdf
1 1603\46\3822953.4
ASSIGNMENT AND ASSUMPTION OF AND SECOND AMENDMENT TO
AFFORDABLE HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT (Lincoln Avenue Apartments)
THIS ASSIGNMENT AND ASSUMPTION OF AND SECOND AMENDMENT TO AFFORDABLE HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT (the "Second Amendment") is entered into as of October 22, 2024 (the “Effective Date”), by and among the City of Buena Park, a California municipal corporation and charter city (the " City"), C & C Development Co., LLC, a California limited liability company (" C&C") and Lincoln Buena Park LP, a California limited partnership (the " Partnership"). The City, C&C and the Partnership are sometimes referred to hereinafter individually as a "Party" and collectively as the "Parties."
RECITALS
A. The City and C&C entered into that certain Affordable Housing Disposition and Development Agreement dated as of August 24, 2021 (the " Original Agreement "), and that certain First Amendment to Affordable Housing Disposition and Development Agreement dated as of October 10, 2023 (the " First Amendment", and together with the Original Agreement, the "Agreement").
B. These recitals and this Second Amendment refer to and utilize certain capitalized terms which are defined in the recitals or Article I of the Agreement. Capitalized terms used in this Second Amendment, but not defined herein, shall have the meanings set forth in the Agreement.
C. C&C desires to assign to Partnership all of C&C's rights, duties, and obligations under the Agreement, and the Partnership wishes to assume such rights, interest, and obligations (as further defined in Section 2 herein, the "Assignment").
D. The Partnership is a limited partnership in which the developer general partner is an Affiliate of C&C and the managing general partner is a 501(c)(3) tax exempt nonprofit corporation or its Affiliate, and accordingly under Section 1.1.55.7 of the Original Agreement, the Assignment is a Permitted Transfer under the Agreement.
E. The Parties also desire to make certain amendments to the Agreement to address lender and investor concerns as set forth in this Second Amendment.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference.
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2. Assignment and Assumption. C&C hereby assigns to the Partnership, and Partnership hereby accepts and assumes from C&C, all of C&C's rights, interest and obligations under the Agreement (the "Assignment"). All references in the Agreement to "Developer" shall be deemed to be references to the Partnership.
3. City Consent to Assignment. The City hereby consents to the Assignment.
4. Amendment of Agreement. The Partnership and the City hereby agree to the following amendments of the Agreement:
a. Section 1.1.20. Section 1.1.20 is replaced in its entirety as follows:
"Section 1.1.20 'County Loan' means any loan(s) that Developer may obtain from the County for financing of the Project, with terms requiring any interest and principal due annually from residual receipts and all principal and accrued interest to be due and payable due fifty-five (55) years after the date of the recordation of the Certificate of Completion, and which may be secured by a Permitted Security Instrument that is Senior in lien priority to the Deed of Trust." b. Section 1.1.34. Section 1.1.34 is replaced in its entirety as follows:
"Section 1.1.34 ' Escrow Holder ' means Commonwealth Land Title Company, through its office located at 4400 MacArthur Blvd, Suite 800, Newport Beach, CA 92660, or such other escrow holder mutually agreed upon in writing by both City and Developer."
c. Section 1.1.48. Section 1.1.48 is replaced in its entirety as follows:
"Section 1.1.48 [Reserved]."
d. Section 1.1.54. Section 1.1.54 is replaced in its entirety as follows:
"Section 1.1.54 ' Permitted Security Instrument ' means any Security Instrument: (a) that encumbers only the Property or any interest in the Property; (b) that is a requirement of the TEBs or held by a Lender that is an Institutional Lender, subject to the jurisdiction of the courts of the State, not immune from suit and cannot elect to be immune from suit; and (c) only secures: (i) the repayment of money used to pay or reimburse the Project Costs; (ii) a bona fide Permanent Loan; (iii) a delivery assurance fee regarding a Permanent Loan that is refundable to Developer at the close of the Permanent Loan; or (iv) any Refinancing. The deeds of trust securing the County Loan and Trust Loan are Permitted Security Instruments. Promptly after recordation, Developer shall promptly delivery a copy of any Security Instrument to the City, with the Lender’s name and notice address."
e. Section 1.1.55.3. Section 1.1.55.3 is replaced in its entirety as follows:
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"Section 1.1.55.3 Any Transfer directly resulting from the foreclosure or deed in lieu of foreclosure of a Permitted Security Instrument for a loan from an Institutional Lender to the Project or its successors, assigns or nominee (" Foreclosure Action ") and the first subsequent transfer by an Institutional Lender or its successors, assigns or nominee following a Foreclosure Action, or as otherwise permitted under Section 6.5.7."
f. Section 1.1.59. Section 1.1.59 is replaced in its entirety as follows:
"Section 1.1.59 ' Project Budget ' means the Project Costs and anticipated sources of funds to pay the Project Costs as set forth in the Project pro forma set forth in Exhibit L, as may be modified from time to time pursuant to Section 6.2.
g. Section 1.1.61. Section 1.1.61 is replaced in its entirety as follows:
“Section 1.1.61 . ' Project Completion Date ' means that date set forth therefor by which a Certificate of Completion shall be issued for the Project, as more particularly provided in the Schedule of Performance.
The Project Completion Date shall be no later than the date which is thirty-six (36) months after the Close of Escrow, subject to Unavoidable Delay.
h. Section 1.1.76. Section 1.1.76 is replaced in its entirety as follows:
"Section 1.1.76 'Trust Loan' means that certain loan from the Orange County Housing Finance Trust in the original principal amount of approximately $1,154,290 for permanent financing of the Project, with any interest and principal due annually from residual receipts and all principal and accrued interest due fifty-five (55) years after the date of the recordation of the Certificate of Completion, and which is secured by a Permitted Security Instrument recorded at the Close of Escrow junior in lien priority to the Deed of Trust."
i. Section 1.1.78. Section 1.1.78 is replaced in its entirety as follows:
"Section 1.1.78 'Subordinate Loan ' means the Trust Loan, the loan to the Partnership from Riverside Charitable Corporation in the original principal amount of approximately $8,000,000, and any loan approved through revisions to the Project Budget by the City Manager pursuant to Section 6.2, and which is secured by a Permitted Security Instrument junior in lien priority to the Deed of Trust." j. Section 1.1.83. Section 1.1.83 is replaced in its entirety as follows:
"Section 1.1.83 ' TCAC Regulatory Agreement ' means the regulatory agreement required to be recorded against the Property by 1603\46\3822953.4 4
TCAC to obtain the Tax Credits, which the parties currently anticipate will restrict occupancy and rent of 17 of the residential units in the Project to 30% of AMI for the County, 9 of the residential units in the Project to 40% of AMI for the County, 13 of the residential units in the Project to 60% of AMI for the County, and 15 of the residential units in the Project to 70% of AMI for the County as defined by TCAC."
k. Section 1.1.85. Section 1.1.85 is replaced in its entirety as follows:
"Section 1.1.85 ' Title Company ' means Commonwealth Land Title Company, through its office located at 4400 MacArthur Blvd, Suite 800, Newport Beach, CA 92660, or such other title company mutually agreed upon in writing by both City and Developer."
l. Section 2.2.3. Section 2.2.3 is replaced in its entirety as follows:
"Section 2.2.3 Subordination . The Deed of Trust, but not the Regulatory Agreement, shall be subordinated only to the following, subject to the written approval of the City Manager which shall not be unreasonably withheld: Construction Financing and Permanent Loans from Institutional Lenders and the County (in each case, a “Senior Loan”) if subordination is required by the lender as a condition of the Senior Loan, and all of the proceeds of the proposed Senior Loan, less any transaction costs, are restricted for the payment of Project Costs; provided that the City agrees that in the event of a Foreclosure Action, the restrictions under the Regulatory Agreement will be permitted to float up so that the restricted units are affordable to households earning less than 80% of AMI for the region but only so long as the City is given, pursuant to a written subordination agreement with the foreclosing Institutional Lender the right (but not the obligation) to cure the default under the Senior Loan and the right (but not the obligation) to buy the Senior Loan from the Institutional Lender at par in accordance with the terms and conditions set forth in said subordination agreement."
m. Section 3.2.2.12. Section 3.2.2.12 is replaced in its entirety as follows:
“3.2.2.12 The Developer submits to the City a document evidencing a commitment from the Tax Credit Investor to Developer to provide the Tax Credit Equity.”
n. Section 3.2.2.13. Section 3.2.2.13 is replaced in its entirety as follows:
“3.2.2.13 The Developer submits to the City the documents evidencing the each of the Senior Loans.”
o. Section 3.3.12. Section 3.3.12 is replaced in its entirety as follows:
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"Section 3.3.12 Subordination Agreements . Subordination agreement(s) subordinating the Deed of Trust to the Construction Financing, Permanent Loan and County Loan Security Instruments, in the forms provided by Institutional Lenders and the County, respectively, reasonably approved by the City Manager, and executed by the authorized representative(s) of Developer in recordable form, to be recorded against the Property at the Close of Escrow, or as to the Permanent Loan, at the closing of such Permanent Loan."
p. Section 3.4.5. Section 3.4.5 is replaced in its entirety as follows:
"Section 3.4.5 Subordination Agreements . Subordination agreement(s) subordinating the Deed of Trust to the Construction Financing, Permanent Loan and County Loan Security Instruments, in the forms provided by Institutional Lenders and the County, respectively, reasonably approved by the City Manager, and executed by the authorized representative(s) of Developer in recordable form, to be recorded against the Property at the Close of Escrow, or as to the Permanent Loan, at the closing of such Permanent Loan."
q. Section 3.7. Section 3.7 is replaced in its entirety as follows:
"Section 3.7 Recordation and Distribution of
Documents. As applicable, Escrow Holder shall cause the following documents to be recorded in the official records of the Recorder of the County in the following order of priority at the Close of Escrow: (a) the Grant Deed; (b) the regulatory agreement required by the issuer of TEBs for the Project; (c) the Regulatory Agreement; (d) the land use restriction agreements required by the County under the County Loan; (e) the Notice of Agreement; (f) Permitted Security Instrument(s) securing the Construction Financing, Permanent Loan and County Loan; (g) the Deed of Trust; (h) the land use restriction agreement required by the Lender(s) of the Subordinate Loan(s); (i) the deed(s) of trust securing the Subordinate Loan(s); (j) the Subordination Agreements described in Sections 3.3.12 and 3.4.5; and (k) any other documents to be recorded through the Escrow upon the joint instructions of the City and the Developer. The Escrow Holder shall deliver conformed copies of all documents filed for recording in the official records of the County through the Escrow to the City, the Developer and any other entity or person designated in the written joint escrow instructions of the Parties to receive an original or conformed copy of each such document. Each copy of a document filed for recording shall show all recording information. The Parties intend and agree that this Section 3.7 shall establish the relative priorities of the documents to be recorded in the official records of the County through the Escrow, by providing for recordation of Senior interests prior in time to junior interests, as provided in this Section 3.7."
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r. Section 8.3.2. The address for the Developer in Section 8.3.2 shall be replaced as follows:
"To Developer: Lincoln Buena Park LP
c/o C&C Lincoln Buena Park LLC
14211 Yorba Street, Suite 200
Tustin, California 92780
Attn: Todd R. Cottle
(T) (714) 288-7600
(F) (866) 570-0728
s. Exhibit B. Exhibit B (Scope of Development) to the Agreement is replaced in its entirety with the replacement Exhibit B to attached to this this Second Amendment.
t. Exhibit C. Exhibit C (Schedule of Performance) to the Agreement is replaced in its entirely with the replacement Exhibit C attached to this Second Amendment.
u. Exhibit H. Exhibit H (Form of Regulatory Agreement) to the Agreement is replaced in its entirely with the replacement Exhibit H attached to this Second Amendment.
v. Exhibit I. Exhibit I (Form of Deed of Trust) to the Agreement is replaced in its entirely with the replacement Exhibit I attached to this Second Amendment.
w. Exhibit J. Exhibit J (Form of Land Note) to the Agreement is replaced in its entirely with the replacement Exhibit J attached to this Second Amendment.
x. Exhibit L. Exhibit L (Project Budget) to the Agreement is replaced in its entirely with the replacement Exhibit L attached to this Second Amendment.
5. No Other Changes to the Agreement; Incorporation. Except as expressly modified by this Second Amendment, all other provisions of the Agreement remain unmodified and continue in full force and effect being incorporated fully herein by this reference.
6. Conflicts with the Agreement. In the event of any conflict between this Second Amendment and the Agreement, the provisions of this Second Amendment shall prevail.
7. Effective Date. This Second Amendment shall be effective on the date first set forth above.
8. Counterparts. This Second Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and 1603\46\3822953.4 7
the same instrument. The signature of a party to any counterpart shall be sufficient to legally bind such party. Delivery of an executed counterpart of a signature page to this Second Amendment by telecopy, emailed portable document format (“pdf”), or tagged image file format (“tiff”) or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of an original executed counterpart of this Second Amendment. Any party sending an executed counterpart of a signature page to this Second Amendment by telecopy, pdf, tiff or any other electronic means shall also send the original thereof to the other within five (5) days thereafter, but failure to do so shall not affect the validity, enforceability, or binding effect of this Second Amendment.
[Remainder of page intentionally left blank]
S-1
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IN WITNESS WHEREOF, the parties hereto have set their hands on the day and year first above written.
CITY:
THE CITY OF BUENA PARK
a California municipal corporation
Dated: _________________, 2024 By: _________________________________ Aaron France,
City Manager
ATTEST:
____________________________
City Clerk
APPROVED AS TO LEGAL FORM:
ALVAREZ-GLASMAN & COLVIN
By: _______________________
City Attorney
[Signatures continued on following page]
1603\46\3822953.4 S-2
C&C:
C & C DEVELOPMENT CO., LLC, a
California limited liability company
Dated: _________________, 2024 By: ________________________________ Todd R. Cottle, Trustee of the 2007 Todd R.
Cottle and Jennifer N. Cottle Revocable
Trust, its member
By: ________________________________
Barry A. Cottle, Trustee of
The Cottle Family Trust Dated 3/8/1987,
its member
Partnership:
Dated: _________________, 2024 LINCOLN BUENA PARK LP, a California limited partnership
By: C&C Lincoln Buena Park LLC,
a California limited liability company,
its Developer General Partner
By: C & C Development Co., LLC,
a California limited liability
company,
its Member and Manager
By: ____________________
Todd R. Cottle, Trustee of
the 2007 Todd R.
Cottle and Jennifer N. Cottle
Revocable Trust,
its Member
[CW: Shouldn’t MGP also sign?]
REPLACEMENT EXHIBIT B
B-1
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REPLACEMENT EXHIBIT B
TO
AFFORDABLE HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT
Scope of Development
Except as otherwise approved in the Entitlements, the Project is generally described as follows:
- The Property is a rectangular shape and comprised of 58,599 square feet of land area.
Phase I, Lead Based Paint, and Asbestos analyses have been completed for the Site and the existing vacant commercial building. The only findings were minor remediation is needed for lead based paint and asbestos in the flooring mastic, which is included in the scope.
- The Project will include 55 housing units in four (4) three-story buildings with the following unit mix:
- The gross building area (GBA) for the Type V building with tuck-under parking is 49,914 square feet, which equates to a FAR of 0.86, and includes the following:
- Eighty-nine (89) parking spaces will be provided in tuck-under parking garages (36 spaces) and a surface parking lot (53 spaces), which equates to 1.62 spaces per unit. - The Project will include the following amenities: community room, leasing and services offices; exercise facility; computer room; laundry room; BBQ pavilion and outdoor seating.
- The targeted population will be extremely-low, very-low and low income families. Ten (10) units will be targeted to homeless families as permanent supportive housing units (PSH). Preference will be given to student families for five (5) of the units and Bedrooms/Units Number of Units Unit Sizes (Sf)
1-Bedroom Units 14 600
2-Bedroom Units 23 725
3-Bedroom Units 18 850
Total / Average 55 730
Gross Building Area (Sf)
Residential Living Area 40,125
Community Room / Leasing & Service Office 2,203
Common Area / Circulation 7,586
Total 49,914
REPLACEMENT EXHIBIT B
B-2
1603\46\3822953.4
preference will be given to veteran families for eleven (11) of the units. One unit will be set-aside for an onsite manager. The proposed TCAC affordability levels are as follows:
Income Level Number
of Units
30% of AMI 17
40% of AMI 9
60% of AMI 13
70% of AMI 15
Manager’s Unit 1
Total 55
The proposed City affordability levels are as follows:
Income Level Number
of Units
Extremely-Low
Income per Section
50106 and 50053 of
the California
Health and Safety
Code
14 59.5% of AMI per
Section 50079.5
and 50053 of the
California Health
and Safety Code
11 Total 25
- Onsite services will be provided by the Developer, with the County providing wraparound services to the ten (10) permanent supportive housing units.
REPLACEMENT EXHIBIT C
C-1
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REPLACEMENT EXHIBIT C
TO
AFFORDABLE HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT
Schedule of Performance
ACTION DATE
1. Developer Inspections; Condition of the
Site. The Developer shall complete its
investigation of the Site (including
obtaining a survey), its physical
condition, the soils and toxic conditions
of the Site and all other matters that may
affect the Developer’s ability to develop
the Site pursuant to this Agreement.
Completed.
2. Submission – Updated Project Budget
and Updated Project Financing. The
Developer shall submit to the City for
review and approval a revised Project
Budget and the proposed Project
Financing.
As a condition to the execution of this
Agreement by the City, and within 20 days
after written request by the City staff from
time to time.
3. Project Based Vouchers and County
Loan Application Submittal.
Completed.
4. Entitlement Approval. Completed.
5. Applications and Awards for TEBs and
Tax Credits. The Developer shall make
application to the CDLAC for TEBs and
TCAC for Tax Credits.
Completed.
6. Opening of Escrow. The City and
Developer shall open an escrow for
conveyance of the Site to the Developer
Within thirty (30) days after reservation of
Tax Credits to Developer by TCAC.
7. Close of Escrow. The Escrow Agent
shall close the escrow and the City shall
convey title to the Site to the Developer,
and the Developer shall accept such
conveyance. This is a deadline for
completion of all conditions to closing.
Within 195 days after reservation of Tax
Credits to Developer by TCAC.
REPLACEMENT EXHIBIT C
C-2
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ACTION DATE
8. Submission – Certificates of Insurance.
The Developer shall furnish to the City
duplicate originals or appropriate
certificates of bodily injury and property
damage insurance policies.
Prior to Close of Escrow.
9. Commencement of Construction of
Developer’s Improvements. The
Developer shall commence construction
of the improvements to be constructed on
the Site.
Within 30 days after the Close of Escrow.
10. Completion of Construction of
Developer’s Improvements and
Certificate of Occupancy Issued. The
Developer shall complete construction of
the improvements to be constructed on
the Site.
As soon as reasonably possible, but in any
event within 36 months after commencement
thereof by the Developer.
REPLACEMENT EXHIBIT H
H-1
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REPLACEMENT EXHIBIT H
TO
AFFORDABLE HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT
Form of Regulatory Agreement
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Buena Park
6650 Beach Boulevard, Second Floor
Buena Park, California 90622
Attn: City Manager
______________________________________________________________________________ APN: ______________ SPACE ABOVE FOR RECORDER'S USE ONLY
EXEMPT FROM RECORDING FEE PER
GOVERNMENT CODE §27383
REGULATORY AGREEMENT
(Lincoln Avenue Apartments)
by and between
THE CITY OF BUENA PARK,
a California charter city and municipal corporation,
and
___________________ LP,
a California limited partnership
[Dated as of _____________, 202_ for reference purposes only]
REPLACEMENT EXHIBIT H
H-2
1603\46\3822953.4
REGULATORY AGREEMENT
(Lincoln Avenue Apartments)
This REGULATORY AGREEMENT (Lincoln Avenue Apartments) (" Regulatory Agreement") is made and entered into as of _______________, 202_, by and between THE CITY OF BUENA PARK, a California charter city and municipal corporation (" City") and _____________ LP, a California limited partnership ("Owner").
RECITALS
A. The City and the Owner's predecessor-in-interest entered into that certain Affordable Housing Disposition and Development Agreement (Lincoln Avenue Apartments) dated as of ____________, 2021 (as amended from time to time, the " Affordable Housing Agreement"), which provides that the City will convey to the Owner that certain property located at the 7101 Lincoln Avenue, Buena Park, California (APN 135-192-50), more specifically described in Attachment No. 1, incorporated herein by this reference (the "Property"), subject to the terms and conditions of the Affordable Housing Agreement. Under the Affordable Housing Agreement, the City has agreed to provide financial assistance to the Owner for acquisition of the Property and the construction thereon by the Owner of a fifty-five (55)-unit multifamily residential development for families (the "Project").
B. The City and the Owner desire that the Project be operated as a multifamily residential community on the Property with the residential units made available to Qualified Households at an Affordable Rent as more specifically defined herein. This Regulatory Agreement establishes terms and conditions which govern the operation of the Property.
C. The terms of the Affordable Housing Agreement require that certain covenants and affordability restrictions remain in full force and effect on the Project for a term commencing on the date of recordation of this Regulatory Agreement and continuing for fifty- five (55) years following the recordation of Certificate of Completion as defined herein.
Now, therefore, in consideration of the mutual covenants and undertakings set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner and the City do hereby covenant and agree for themselves, their successors and assigns as follows:
1. Definitions of Certain Terms. As used in this Regulatory Agreement, the following words and terms shall have the meaning as provided in the recitals or in this Section 1, unless the specific context of usage of a particular word or term may otherwise require. All initially capitalized terms used and not otherwise defined in the recitals or in this section shall have the meaning ascribed to such term by the Affordable Housing Agreement.
1.1. 30% Household. An individual or household that has a household income not greater than thirty percent (30%) of then current AMI adjusted for household size.
REPLACEMENT EXHIBIT H
H-3
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1.2. 59.5% Household. An individual or household that has a household income not greater than fifty-nine and one-half percent (59.5%) of current AMI adjusted for household size.
1.3. Affordable Rent. In reference to each Qualifying Unit, the maximum rent, with allowance for utilities, for the applicable household income not to exceed for Extremely Low Income Households the amount set forth in California Health & Safety Code Section 50053(b)(1) adjusted for family size appropriate for the unit, and not to exceed for 59.5% Households the product of 30 percent times 59.5 percent of the AMI adjusted for family size appropriate for the unit. For purposes of this Section, “adjusted for family size appropriate for the unit” shall have the meaning required in connection with federal low income housing tax credits as permitted under California Health and Safety Code Sections 50052.5(h) and 50053(c).
1.4. AMI. The median gross yearly income in the County of Orange, California, as published from time to time by HCD using the standards set forth in the California Health & Safety Code. In the event that such income determinations are no longer published, or are not updated for a period of at least eighteen (18) months, the City shall provide the Developer with other income determinations which are reasonably similar with respect to methods of calculation to those previously published by HCD.
1.5. Annual Report. The Certification of Continuing Program Compliance attached to this Regulatory Agreement as Attachment No. 3 and incorporated by this reference or comparable report filed annually by the Owner with TCAC or other governmental agencies, with any additional information that the City may need to report annual under California Health & Safety Code Section 34176.1.
1.6. Automobile Liability Insurance. Insurance coverage against claims of personal injury (including bodily injury and death) and property damage covering all the Owner owned, leased, hired and non-owned vehicles, with minimum limits for bodily injury and property damage of One Million Dollars ($1,000,000). Such insurance shall be provided by a business or commercial vehicle policy and may be provided through a combination of primary and excess or umbrella policies, all of which shall be subject to pre-approval by the City, which approval shall not be unreasonably withheld, delayed or conditioned.
1.7. Certificate of Completion. The written certification of the City, in substantially the form of Exhibit G attached to the Affordable Housing Agreement, certifying that the construction of the Project has been completed in compliance with the terms and conditions of this Regulatory Agreement.
1.8. City Parties. Collectively, the City and its commissions, agents, attorneys, officers, employees, and authorized representatives.
1.9. HCD. The California Department of Housing and Community Development.
1.10. Income Certification Form. The Certification of Tenant Eligibility attached to this Regulatory Agreement as Attachment No. 2 and incorporated by this reference, or comparable income certification form required by TCAC or other governmental agencies.
REPLACEMENT EXHIBIT H
H-4
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1.11. Liability Insurance. Commercial general liability insurance against claims for bodily injury, personal injury, death, or property damage occurring upon, in, or about the Property, the Project or adjoining streets or passageways, at least as broad as Insurance Services Office Occurrence Form CG0001, with a minimum liability limit of Two Million Dollars ($2,000,000) for any one occurrence and which may be provided through a combination of primary and excess or umbrella insurance policies. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Project or the general aggregate limit shall be twice the required minimum liability limit for any one occurrence.
1.12. Management Agent. A person with significant experience in management of affordable rental housing projects substantially similar to the Project and that is, at the time, managing other financially self-supporting, successful affordable rental housing projects substantially similar to the Project.
1.13. Manager Unit. The one (1) Three Bedroom Unit within the Project reserved exclusively for use by the on-site manager employed by the Owner or the Management Agent, as applicable.
1.14. One Bedroom Unit. Any one of the one bedroom residential accommodations within the Project.
1.15. Project. The operation of a multi-family rental housing project which shall include not less than fifty-five (55) units, twenty-five (25) of which shall be rented to Qualified Households at Affordable Rents, and all related on- and off-site improvements, as more particularly described in the Affordable Housing Agreement.
1.16. Property Insurance. Insurance providing coverage for the Property and all improvements on or to the Property against loss, damage, or destruction by fire and other hazards encompassed under the broadest form of property insurance coverage then customarily used for like properties in the County of Orange, excluding earthquake coverage, in an amount equal to one hundred percent (100%) of the replacement value (without deduction for depreciation) of all improvements comprising the Project (excluding excavations and foundations) and in any event sufficient to avoid co-insurance and with no co-insurance penalty provision, with "ordinance or law" coverage. To the extent customary for like properties in the County of Orange at the time, such insurance shall include coverage for explosion of steam and pressure boilers and similar apparatus located on the Property; an "increased cost of construction" endorsement; and an endorsement covering demolition and cost of debris removal, all subject to policy sublimits.
Property Insurance shall also include rental or business interruption insurance in an amount, at least, equal to the average annual gross income from the Project for the preceding three (3) calendar years and providing for a 12-month extended period of indemnity.
1.17. Qualified Households. A household that (1) intends to reside in the Qualifying Unit; and (2) whose income does not exceed the maximum income allowable for the subject Qualifying Unit.
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1.18. Qualifying Units. The twenty-five (25) One Bedroom Units, Two Bedroom Units and Three Bedroom Units within the Project restricted to occupancy by Qualified Households as set forth in Section 6 (exclusive of the Manager Unit).
1.19. Tax Credits. An allocation from TCAC of four percent (4%) federal low income housing tax credits to finance a portion of the costs of the Project, in accordance with Section 42 of the Internal Revenue Code of 1986, as amended, all associated Internal Revenue Service regulations and all associated TCAC regulations.
1.20. TCAC. The California Tax Credit Allocation Committee or its successor in function.
1.21. Term. The period of time following the date of recordation of this Regulatory Agreement, and ending on the fifty-fifth (55th) anniversary of recordation of the Certificate of Completion.
1.22. Three Bedroom Unit. Any one of the three bedroom residential accommodations within the Project.
1.23. Two Bedroom Unit. Any one of the two bedroom residential accommodations within the Project.
1.24. Workers Compensation Insurance. Workers compensation insurance complying with the provisions of California law and an employer's liability insurance policy or endorsement to a liability insurance policy, with a minimum liability limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease, covering all employees of the Owner.
2. Reservation of Property for Affordable Housing. The Owner covenants and agrees to reserve and restrict the Property for construction of the Project and, thereafter, reserve and restrict use and residential occupancy of the Qualifying Units by households who, at the time of initial occupancy of a Qualifying Unit and continuously thereafter (subject to the other provisions of this Regulatory Agreement), until the end of the Term, are members of a Qualifying Household. One (1) Three Bedroom Unit within the Project may be used as a Manager Unit at any given time provided that no Qualifying Unit shall be used as a Manager Unit.
3. Affordable Multi-Family Residential Rental Property Restrictive Covenant. The Owner covenants to and for the benefit of the City that the Owner shall develop, own, manage and operate, or cause the management and operation of, the Project to provide multi-family residential rental housing in the Qualifying Units only to Qualifying Households at an Affordable Rent. The Owner hereby confirms and remakes its covenant set forth in Section 4.1 of the Affordable Housing Agreement to develop the Property with the Project and such covenant is incorporated into this Regulatory Agreement in its entirety by this reference. The Owner will not knowingly permit any Qualifying Unit to be used on a transient basis and will not lease or rent any Qualifying Unit for an initial period of less than twelve (12) months. No Qualifying Unit will, at any time, be leased or rented for use as a hotel, motel, time share, short
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term rental unit, dormitory, fraternity house, sorority house, rooming house, hospital, nursing home, sanitary or rest home.
4. Continuous Operation Covenant. The Owner covenants to and for the benefit of the City to cause the Project to be continuously operated, in accordance with the other provisions of this Regulatory Agreement, throughout the Term.
5. Abandonment. The Owner shall not abandon or surrender the operation of all or any part of the Project during the Term, except due to material casualty or condemnation.
6. Rental of Qualifying Units. The Owner covenants that each Qualifying Unit shall be occupied or available for occupancy by a Qualifying Household at an Affordable Rent on a continuous basis throughout the Term, in accordance with the following tenant income level mix:
6.1. Not less than ten (10) of the One Bedroom Units shall be occupied or available for occupancy by Qualifying Households that are 30% Households; and
6.2. Not less than two (2) of the Two Bedroom Units shall be occupied or available for occupancy by Qualifying Households that are 30% Households; and
6.3. Not less than two (2) of the Three Bedroom Units shall be occupied or available for occupancy by Qualifying Households that are 30% Households; and
6.4. Not less than two (2) of the One Bedroom Units shall be occupied or available for occupancy by Qualifying Households that are 59.5% Households; and
6.5. Not less than seven (7) of the Two Bedroom Units shall be occupied or available for occupancy by Qualifying Households that are 59.5% Households; and
6.6. Not less than two (2) of the Three Bedroom Units shall be occupied or available for occupancy by Qualifying Households that are 59.5% Households.
The City agrees that in the event of a foreclosure by the Institutional Lender, the restrictions under the Regulatory Agreement will be permitted to float up so that the restricted units are affordable to households earning less than 80% of AMI for the region but only so long as the City is given, pursuant to a written subordination agreement with the foreclosing Institutional Lender the right (but not the obligation) to cure the default under the Senior Loan and the right (but not the obligation) to buy the Senior Loan from the Institutional Lender at par in accordance with the terms and conditions set forth in said subordination agreement.
If any project- or tenant-based subsidy for the Project is terminated prior to expiration due to no fault of the Owner, is terminated or reduced due to a change in law or lack of availability of funding, is exhausted, or is not renewed, the required levels of affordability and Affordable Rent may be increased as reasonably agreed to in writing by the City through an amendment to this Regulatory Agreement if Owner will be otherwise unable to maintain the fiscal integrity of the Project.
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7. Affordable Rent. The monthly rent charged to a Qualifying Household for the occupancy of a Qualifying Unit shall never exceed an Affordable Rent for such Qualifying Unit set forth in Section 1.3.
7.1. Rent for Qualifying Units may be increased only once per calendar year, based on changes in Area Median Income; provided that the rent for each Qualifying Unit must never exceed an Affordable Rent for the Qualifying Unit as necessary to maintain the tenant income mix specified in Section 6.
7.2. Determination of Qualifying Household income shall be made by the Owner at the time of initial application by an individual or family for occupancy of a Qualifying Unit. At the time of initial application, the Owner shall require an applicant to complete the Income Certification Form and certify the accuracy of the information provided on such form. On or before April 1 of each calendar year during the Term, the Owner shall require each Qualifying Household occupying a Qualifying Unit to recertify the Qualifying Household's income on the Income Certification Form. The Owner shall make a good faith effort to verify the accuracy of income information provided in any Income Certification Form by an applicant for occupancy of a Qualifying Unit or by a Qualifying Household occupying a Qualifying Unit, by taking one or more of the following steps, as reasonably required or indicated: (1) obtain an income tax return and copy of each W2 Wage and Earnings Statement for the most recently concluded income tax year; (2) conduct a credit reporting agency or similar search; (3) obtain an income verification form from the applicant's or the Qualifying Household's current employer(s); (4) obtain an income verification form from the United States Social Security Administration and/or the California Department of Social Services, if the applicant or the Qualifying Household receives assistance from either of such agencies; or (5) if the applicant or an adult member of a Qualifying Household is unemployed and has no such income tax return, obtain another form of independent verification. All such verification information shall only be obtained by the Owner after obtaining the applicant's or the Qualifying Household's written consent for the release of such information to the Owner. Failure to consent in writing to the release of such income verification information to the Owner may disqualify an applicant for occupancy of a Qualifying Unit or be grounds for termination of Qualifying Household's occupancy of a Qualifying Unit.
7.3. The Qualifying Units are not specifically assigned to any qualifying income category (i.e., 30% Household or 59.5% Household). The restricted income level of each Qualifying Unit may change as Qualifying Units become vacant, a Qualifying Household tenant's income changes or other Qualifying Units are occupied by Qualifying Households. In all circumstances, though, the rent for each Qualifying Unit shall be an Affordable Rent for the Qualifying Unit as necessary to maintain the restricted income tenant mix required under Section
6. If the income category of a Qualifying Household upon recertification is different from the previous income of the Qualifying Household (i.e. a 30% Household becomes a 59.9% Household or a 59.9% Household's income exceeds the qualifying income limit for a 59.9% Household ), the Owner or Management Agent shall rent the next available Unit to a Qualifying Household with an income level that will maintain the tenant income level mix set forth in Section 6. To the extent the federal low-income housing tax credit requirements conflict with the requirements in this Section 7.3 relative to the continued occupancy by households that do not
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qualify as Qualifying Households, the federal low-income housing tax credit requirements shall apply in place of the provisions in this Section 7.3.
7.4. The Owner shall maintain on file all Income Certification Forms completed by applicants for occupancy of Qualifying Units and by Qualifying Households that occupied or are occupying Qualifying Units in accordance with Section 6 and shall provide copies of the rent roll and Income Certification Forms to the City for its review and approval within fifteen (15) days following Notice to the Owner.
7.5. The Owner and each Qualifying Household occupying a Qualifying Unit shall permit the City to conduct inspections of the Property, the Project and each Qualifying Unit, from time-to-time, for purposes of verifying compliance with this Regulatory Agreement, upon fifteen (15) days prior written notice to the Owner.
7.6. The Owner shall submit its first Annual Report to the City on the April 30th immediately following the issuance of the final Certificate of Occupancy for the Project by the City. Thereafter, on each April 30 during the Term, the Owner shall submit an Annual Report to the City. The City shall maintain the confidentiality of the information contained in any Annual Report specifically relating to any particular Qualifying Household occupying a Qualifying Unit, to the extent reasonably allowed by Law, as determined by the City's general or special counsel.
8. The Owner Covenant Regarding Lease of Qualifying Units. The Owner, for itself, its successors and assigns, covenants and agrees that, if any Qualifying Unit is rented or leased during the Term, the rental or lease of the Qualifying Unit shall be accomplished through a written lease agreement and all of the following restrictions shall apply:
8.1. A Qualifying Household shall be the record tenant and only occupant of the Qualifying Unit.
8.2. The lease for each Qualifying Unit shall be for an initial term of not less than twelve (12) months.
8.3. Each lease for a Qualifying Unit shall contain all of the following provisions:
8.3.1. An agreement authorizing the Owner to immediately terminate the tenancy of a Qualifying Household occupying a Qualifying Unit, where one or more members of that Qualifying Household misrepresented any fact material to the qualification of such household as a Qualifying Household;
8.3.2. An agreement providing that each Qualifying Household occupying a Qualifying Unit shall be subject to annual certification or recertification of income as a condition to continued occupancy of the Qualifying Unit;
8.3.3. An agreement providing that each Qualifying Household occupying a Qualifying Unit may be subject to rental increases in accordance with this Regulatory Agreement; and
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8.3.4. An agreement providing that the Owner will not discriminate on the basis of race, color, creed, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, genetic information or receipt of public assistance or housing assistance in connection with rental of a Qualifying Unit, or in connection with the employment or application for employment of persons for operation and management of the Project, and all contracts, applications and leases entered into for such purposes shall contain similar non-discrimination clauses to such effect.
8.4. The Owner shall not terminate the tenancy or refuse to renew the lease or rental agreement of a Qualifying Household except for: (i) serious or repeated violations of the terms and conditions of the lease; (ii) because the previously Qualifying Household is no longer a Qualifying Household; (iii) for violation of applicable Federal, State, or local law; or (iv) for other good cause. The Owner shall follow all applicable laws in connection with termination of the tenancy of a Qualifying Household or a refusal to renew the lease or rental agreement of a Qualifying Household.
8.5. Tenant Selection Policies and Criteria. The Owner shall adopt written tenant selection policies and criteria that:
8.5.1. are consistent with the purpose of providing affordable rental housing for Qualifying Households at an Affordable Rent;
8.5.2. are reasonably related to tenant eligibility and ability to perform the obligations of the lease for a Qualifying Unit;
8.5.3. subject to applicable fair housing laws and provided that the applicant meets standard applicant screening standards for the Project, give reasonable preference and consideration to the housing needs of Qualifying Households that include one or more students so long as the unit is not occupied exclusively by students unless otherwise permitted under Section 42 of the Internal Revenue Code of 1986, as amended, all associated Internal Revenue Service regulations and all associated TCAC regulations;
8.5.4. subject to applicable fair housing laws and provided that the applicant meets standard applicant screening standards for the Project, with respect to 11 of the Units in the Project, give reasonable preference and consideration to the housing needs of Qualifying Households that include one or more veterans of the United States military;
8.5.5. subject to applicable fair housing laws, provided that the applicant meets standard applicant screening standards for the Project, give reasonable preference and consideration to the housing needs of Qualifying Households that include a household member with serious mental illness and which household is homeless or at risk of homelessness;
8.5.6. subject to applicable fair housing laws and provided that the applicant meets standard applicant screening standards for the Project, give reasonable preference and consideration to the housing needs of households residing in, employed in, or offered employment in the City of Buena Park;
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8.5.7. provide for the selection of tenants from a written waiting list in the chronological order of their application subject to Sections 8.5.3, 8.5.4, 8.5.5 and 8.5.6, insofar as is practicable;
8.5.8. give prompt written notice to any rejected applicant of the grounds for rejection;
8.5.9. provide for all of the Qualifying Units to be available for occupancy on a continuous basis to Qualifying Households at an Affordable Rent; and
8.5.10. do not give preference to any particular class or group of persons in leasing or renting the Qualifying Units, except as provided in Sections 8.5.3, 8.5.4, 8.5.5 and
8.5.6 and to the extent that a tenant must be a Qualifying Household.
To the extent the preferences set forth in this Section 8.5 conflict with the requirements of applicable federal and state fair housing laws or Section 42 of the Internal Revenue Code and implementing guidelines, the requirements of the applicable federal and state fair housing laws and Section 42 will supersede.
9. Non-Discrimination. All units in the Project shall be available at an Affordable Rent for occupancy on a continuous basis to Qualified Households. Except as provided in Sections 8.5.3,
8.5.4, 8.5.5 and 8.5.6, the Owner shall not give preference to any particular class or group of persons in renting the units in the Project. There shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of any Unit. Neither the Owner nor any person claiming under or through the Owner, shall establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any Unit or in connection with the employment of persons for the operation and management of any Unit, the Project or the Property. All deeds, leases or contracts made or entered into by the Owner as to the units, the Project or the Property or any portion thereof, shall contain covenants prohibiting discrimination, as prescribed by this Regulatory Agreement. The Owner shall include a statement in all advertisements, notices and signs for the availability of units in the Project for rent to the effect that the Owner is an Equal Housing Opportunity Provider.
10. Equal Housing Notice. Provide for a statement in all advertisements, notices and signs for the availability of Qualifying Units for lease or rent to the effect that the Owner is an equal housing opportunity provider, and include an equal housing opportunity logotype in all notices, signs and advertisements in print media for the Qualifying Units.
11. Development and Management of the Project.
11.1. Management of Project. The Owner shall be responsible for management of the
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Project including, without limitation, the selection of Qualified Households, certification and recertification of household size, income, gender and the age of the head of household and relation of head of household to the household, of all Qualified Households, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The City shall bear no responsibility for the management or operation of the Project or the Property. The Project shall at all times be managed by a Management Agent reasonably acceptable to the City, with demonstrated ability to operate residential rental facilities similar to the Project in a manner that will provide decent, safe, and sanitary housing. For the purposes hereof, if the Owner directly performs the functions of the Management Agent by its employees or by means of a service contract with an entity which is a partner or an affiliate of a partner in the Owner, such Management Agent shall be deemed approved by the City. If the Management Agent is an entity or person other than the Owner, its employees, a partner in the Owner or an entity owned or controlled by the Owner or which owns and/or controls the Owner, the Owner shall submit for the City's approval the identity of any proposed Management Agent, together with additional information relevant to the background, experience and financial condition of any proposed Management Agent, as reasonably requested by the City. If the proposed Management Agent meets the standard for a qualified Management Agent set forth above, the City shall approve the proposed Management Agent by notifying the Owner in writing within thirty (30) days following the Owner's written request for such approval.
Unless the proposed Management Agent is disapproved by the City within thirty (30) days, which disapproval shall state with reasonable specificity the basis for disapproval, it shall be deemed approved. The City hereby approves Advanced Property Management Services, Inc., as the initial Management Agent.
(i) If the Owner directly performs the functions of the Management Agent by its employees or by means of a service contract with an entity which is a partner or an affiliate of a partner in the Owner and the City determines the Owner has not met its management responsibilities, the City shall have the right to enter the Project, to review relevant documentation to determine if the Owner is acting in a reasonable manner and to require the Owner to hire a third party management company acceptable to the City.
11.2. Insurance.
11.2.1. Required Insurance. Subject to the rights of a Lender of any Senior Loan, the Owner shall maintain, to protect the City Parties against all insurable claims resulting from the actions of the Owner in connection with this Regulatory Agreement, the Property and the Project, at the sole cost and expense of the Owner during the Term hereof the following insurance (or its then reasonably available equivalent): (a) Liability Insurance; (b) Automobile Liability Insurance to the extent required by this Regulatory Agreement; (c) Property Insurance; and (d) Workers Compensation Insurance. The Owner shall require all subcontractors to maintain the same insurance required of the Owner set forth in this Section 11.2 prior to performing any work on the Property or the Project.
11.2.2. Policy Requirements and Endorsements. All insurance policies required by this Regulatory Agreement shall contain (by endorsement or otherwise) the following
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provisions:
Insured. The Owner's Liability Insurance and Automobile Liability Insurance policies shall name the City Parties as "additional insured." The Owner's Property Insurance policy shall name the City as a "loss payee." The coverage afforded to the City Parties shall be at least as broad as that afforded to the Owner regarding the Property and the Project and may not contain any terms, conditions, exclusions, or limitations applicable to the City Parties that do not apply to the Owner.
Primary Coverage . Any insurance or self-insurance maintained by the City Parties shall be in excess of all insurance required under this Regulatory Agreement and shall not contribute to any insurance required under this Regulatory Agreement.
Contractual Liability . The Owner's Liability Insurance policy shall contain contractual liability coverage for the Owner's indemnity obligations under this Regulatory Agreement. The Owner's obtaining or failure to obtain such contractual liability coverage shall not relieve the Owner from nor satisfy any indemnity obligation of the Owner under this Regulatory Agreement.
Deliveries to the City. The Owner shall deliver to the City evidence of all insurance policies required by this Regulatory Agreement. No later than three (3) days before any insurance required by this Regulatory Agreement expires, is cancelled or its liability limits are reduced or exhausted, the Owner shall deliver to the City evidence of the Owner's maintenance of all insurance this Regulatory Agreement requires. Each insurance policy required by this Regulatory Agreement shall be endorsed to state that coverage shall not be cancelled, suspended, voided, reduced in coverage or in limits, except after thirty (30) calendar days' advance written notice of such action has been given to the City by certified mail, return receipt requested; provided that if a thirty (30) days' notice of cancellation endorsement is not available the Owner shall notify the City of this unavailability in writing and shall forward any notice of cancellation to the City within two (2) business days from date of receipt by the Owner; and further provided, however, that only ten (10) days' advance written notice shall be required for any such action arising from non-payment of the premium for the insurance. Phrases such as "endeavor to" and "but failure to mail such Notice shall impose no obligation or liability of any kind upon the company" shall not be included, to the extent commercially available, in the cancellation wording of any certificates or policies of insurance applicable to the City Parties pursuant to this Regulatory Agreement.
Waiver of Certain Claims . The Owner shall cause each insurance carrier providing insurance coverage under this Regulatory Agreement to endorse their applicable policy(ies) with a Waiver of Subrogation with respect to the City Parties, if not already in the policy. To the extent that the Owner obtains insurance with a Waiver of Subrogation, the parties release each other, and their respective authorized representatives, from any claims for damage to any person or property to the extent such claims are paid by such insurance policies obtained pursuant to and in satisfaction of the provisions of this Regulatory Agreement.
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No Claims Made Coverage . None of the insurance coverage required under this Regulatory Agreement may be written on a claims-made basis.
11.2.3. Fully Paid and Non-Assessable. All insurance obtained and maintained by the Owner pursuant to this Section 11.2 shall be fully paid for and non-assessable. However, such insurance policies may be subject to insurer audits.
11.2.4. City Option to Obtain Coverage. During the continuance of an Event of Default arising from the failure of the Owner to carry any insurance required by this Regulatory Agreement, the City may, at its option, purchase any such required insurance coverage and the City shall be entitled to immediate payment from the Owner of any premiums and associated reasonable costs paid by the City for such insurance coverage. Any amount becoming due and payable to the City under this Section 11.2.4 that is not paid within fifteen (15) calendar days after written demand from the City for payment of such amount, within an explanation of the amounts demanded, will bear interest from the date of the demand at the rate of eight percent (8%) per annum or the maximum interest rate allowed by applicable law, whichever is less. Any election by the City to purchase or not to purchase insurance otherwise required by the terms of this Regulatory Agreement to be carried by the Owner shall not relieve the Owner of its obligation to obtain and maintain any insurance coverage required by this Regulatory Agreement.
11.2.5. Separation of Insured. The Owner's Liability Insurance and Automobile Liability Insurance policies shall provide for separation of insured for the Owner and the City Parties. Insurance policies obtained in satisfaction of or in accordance with the requirements of this Regulatory Agreement may provide a cross-suits exclusion for suits between named insureds, but shall not exclude suits between named insureds and additional insureds.
11.2.6. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions under insurance policies required by this Regulatory Agreement shall be declared to and approved by the City. The Owner shall pay all such deductibles or self-insured retentions regarding the City Parties or, alternatively, the insurer under each insurance policy required by this Section 11.2 shall eliminate such deductibles or self-insured retentions with respect to the City Parties.
11.2.7. No Separate Insurance. The Owner shall not carry separate or additional insurance concurrent in form or contributing in the event of loss with that required under this Regulatory Agreement, unless the City is made an additional insured thereon, as required by this Regulatory Agreement.
11.2.8. Insurance Independent of Indemnification. The insurance requirements of this Regulatory Agreement are independent of the Owner indemnification and other obligations under this Regulatory Agreement and shall not be construed or interpreted in any way to satisfy, restrict, limit, or modify the Owner's indemnification or other obligations or to limit the Owner's liability under this Regulatory Agreement, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor
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shall the provision of such insurance preclude the City from taking such other actions as are available to it under any other provision of this Regulatory Agreement or otherwise at law or in equity.
11.2.9. Nature of Insurance. The policies of insurance required by this Regulatory Agreement shall be issued by carriers that: (a) are listed in the then current "Best's Key Rating Guide—Property/Casualty—United States & Canada" publication (or its equivalent, if such publication ceases to be published) with a minimum financial strength rating of "A-" and a minimum financial size category of "XI" (exception may be made for the California Compensation Insurance Fund when not specifically rated); and (b) are authorized to do business in California. The Owner may provide any insurance under a "blanket" or "umbrella" insurance policy, provided that: (i) such policy or a certificate of such policy shall specify the amount(s) of the total insurance allocated to the Property and the Project, which amount(s) shall equal or exceed the amount(s) required by this Regulatory Agreement; and (ii) such policy otherwise complies with this Regulatory Agreement.
12. Maintenance of the Project. The Owner, for itself, its successors and assigns, hereby covenants and agrees that the exterior areas of the Project which are subject to public view (e.g.:
all improvements, paving, walkways, landscaping, and ornamentation) shall be maintained in good repair and in a neat, clean and orderly condition, ordinary wear and tear excepted. In the event that at any time during the Term, there is an occurrence of an adverse condition on any area of the Project which is subject to public view in contravention of the general maintenance standard described above (" Maintenance Deficiency"), then the City shall notify the Owner in writing of the Maintenance Deficiency and give the Owner thirty (30) calendar days from the date of such notice to cure the Maintenance Deficiency as identified in the notice. "Maintenance Deficiency" includes, without limitation, the following inadequate or non-conforming property maintenance conditions and/or breaches of residential property use restrictions: (i) failure to properly maintain the windows, structural elements, and painted exterior surface areas of the units in a clean and presentable manner; (ii) failure to keep the common areas of the Project free of accumulated debris, appliances, inoperable motor vehicles or motor vehicle parts, or free of storage of lumber, building materials or equipment not regularly in use on the Property; (iii) failure to regularly maintain, replace and renew the landscaping in a reasonable condition free of weed and debris; and (iv) the use of garage areas on the Project for purposes other than the parking of motor vehicles and the storage of personal possessions and mechanical equipment of persons residing in the Project.
12.1. In the event the Owner fails to cure or commence to cure the Maintenance Deficiency within the time allowed, the City may thereafter conduct a public hearing following transmittal of written notice thereof to the Owner ten (10) calendar days prior to the scheduled date of such public hearing in order to verify whether a Maintenance Deficiency exists and whether the Owner has failed to comply with the provision of this Section 12. If, upon the conclusion of a public hearing, the City makes a finding that a Maintenance Deficiency exists and that there appears to be non-compliance with the general maintenance standard, as described above, then the City shall have the right to enter the Project (exterior areas of the Project which are subject to public view only) and perform all acts necessary to cure the Maintenance
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Deficiency, or to take other action at law or equity that the City may then have to accomplish the abatement of the Maintenance Deficiency. Any sum expended by the City for the abatement of a Maintenance Deficiency as authorized by this Section 12.1 shall become a lien on the Project. If the amount of the lien is not paid within thirty (30) calendar days after written demand for payment by the City to the Owner, the City shall have the right to enforce the lien in the manner as provided in Section 12.3.
12.2. Graffiti which is visible from any public right-of-way which is adjacent or contiguous to the Project shall be removed by the Owner from any exterior surface of a structure or improvement on the Project by either painting over the evidence of such vandalism with a paint which has been color-matched to the surface on which the paint is applied, or graffiti may be removed with solvents, detergents or water as appropriate. In the event that graffiti is placed on the Project (exterior areas only) and such graffiti is visible from an adjacent or contiguous public right-of-way and thereafter such graffiti is not removed within seventy-two (72) hours following the time of its application, or the Owner's actual knowledge of its existence, whichever occurs later; then in such event and without notice to the Owner, the City shall have the right to enter the Project and remove the graffiti. Notwithstanding any provision of the Regulatory Agreement to the contrary, any sum expended by the City for the removal of graffiti from the Project as authorized by this Section 12.2 shall become a lien on the Project. If the amount of the lien is not paid within thirty (30) calendar days after written demand for payment by the City to the Owner, the City shall have the right to enforce its lien in the manner as provided in Section
12.3. 12.3. The parties hereto further mutually understand and agree that the rights conferred upon the City under this Section 12 expressly include the power to establish and enforce a lien or other encumbrance against the Property in the manner provided under California Civil Code Sections 2924, 2924b and 2924c, as such sections may be amended or superseded, in the amount as reasonably necessary to restore the Project to the maintenance standards required under this Section 12, including attorneys' fees and costs of the City associated with the abatement of the Maintenance Deficiency or removal of graffiti and the collection of the costs of the City in connection with such action. In any legal proceeding for enforcing such a lien against the Project, the prevailing party shall be entitled to recover its attorneys' fees and costs of suit. The provisions of this Section 12 shall be a covenant running with the land for the Term and shall be enforceable by the City in its discretion, cumulative with any other rights or powers granted to the City under applicable law. Nothing in the foregoing provisions of this Section 12 shall be deemed to preclude the Owner from making any alterations, additions, or other changes to any structure or improvement or landscaping on the Project, provided that such changes comply with the zoning and development regulations of the City and other applicable law.
12.4. Capital Replacement Reserve Account. The Owner shall establish an account for the payment of repair and replacement of capital items (" Capital Replacement Reserve Account") in an initial amount as required by the Institutional Lenders for the Project or the investor limited partner of the Owner. Each year thereafter, the Owner shall deposit into the Capital Reserve Replacement Account additional amounts as required by the Institutional Lenders for the Project or the investor limited partner of the Owner, but not less than Five
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Hundred Dollars ($500) per Unit per year.
12.4.1. Capital Repairs and Replacements. Capital repairs and replacements shall include, but not be limited to, the following: wet and dry utilities; roof repair and replacement as necessary; repair and replacement of boilers and the major operating components thereof; stucco repair and replacement; exterior painting; replacement of carpeting and vinyl or other hard surface flooring; replacement of drapes; replacement of dishwashers, garbage disposals and other interior appliances; repair and replacement of heating, ventilating and air conditioning systems, equipment and components; and installation of solar panels. All of the foregoing and other similar expenditures on the Project shall be considered to be qualifying capital repair and replacement expenses. Interior painting and servicing, repair or replacement of interior hardware shall not be considered to be a capital repair, but shall be ordinary operating expenses for the Project. The Owner shall withdraw funds from the Capital Replacement Reserve Account to pay such capital repair and replacement expenses as the Owner may deem necessary for the purposes of meeting the maintenance and replacement obligations described herein.
12.4.2. Insured Depository. The Capital Replacement Reserve Account shall be maintained in a depository insured by an agency of the federal government.
12.4.3. Documentation. Annually, or more frequently at the City's, the Owner shall document the level of capital repairs and replacements for the preceding period. The Owner shall maintain and shall provide as requested documentation showing the quantity and price of items purchased, price of materials and the cost of contracted labor or other services incurred in connection with such capital repair and replacement, and such other items as the City may reasonably request.
12.4.4. Withdrawals from Reserve Account. On an annual basis, the Owner shall notify the City of the anticipated cash requirements which will need to be withdrawn from the Capital Replacement Reserve Account. Amounts so budgeted and approved by the City may be withdrawn by the Owner from the indicated Capital Replacement Reserve Account without further the City approval. Other withdrawals for unbudgeted, unanticipated or emergency Project expenditures may be withdrawn by the Owner without prior the City approval, but the Owner shall notify the City in writing within ten (10) calendar days after withdrawal. All amounts so withdrawn by the Owner shall be expended on the Project and in accordance with this Regulatory Agreement. Withdrawals in excess of Twenty-Five Thousand Dollars ($25,000) in any one calendar year shall be pre-approved by the City in its reasonable discretion, subject to the rights of any Lender for a Senior Loan or the investor limited partner of the Owner.
12.4.5. Interest Earned on Funds in the Capital Replacement Reserve Account.
Any interest or other earnings from sums deposited into the Capital Replacement Reserve Account shall be retained in and added to the balance in said account.
12.4.6. Capital Needs Assessment. If requested in writing by the City, the Owner shall deliver to the City, for the City's reasonable review and approval, a capital needs assessment ("CNA") no more often than every ten (10) years after the date of the Certificate of
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Completion for the Project. The CNA shall include an analysis of the Owner's actual expenditures for capital needs compared to the most recently approved CNA, the Owner's original operating budget and its then-current operating budget. Each CNA shall include a ten (10) year capital needs assessment or analysis of replacement reserve requirements prepared by a qualified third party in accordance with reasonable and customary standards for similar residential rental projects.
12.4.7. Displacement of Residents and Relocation. The Owner shall make best efforts to conduct capital repairs and replacements and ordinary repair and maintenance (collectively, "Repairs") in good faith and in a manner that does not result in the displacement of any of the residents of the Units. If any of the Owner's actions to conduct Repairs result in displacement of any of the Units' residents, the Owner shall notify the City in writing, prior to conducting such Repairs, of the identities of the residents to be displaced, the Units they will be displaced from, and the estimated length of time such residents shall be displaced. If the displacement of the residents triggers relocation obligations, the Owner shall be responsible, at its sole cost and expense, for any and all such relocation obligations and related expenses. The Owner shall comply with all applicable federal, state and local laws, rules and regulations regarding such relocation obligations and related expenses, including any relocation requirements set forth by the City. The Owner shall defend, indemnify and hold harmless the City Parties from and against all liability for any relocation obligations and related expenses attributable to any Repairs.
13. Covenants to Run with the Land. The Owner and the City hereby declare their specific intent that the covenants, reservations and restrictions set forth herein are part of a plan for the promotion and preservation of affordable housing within the territorial jurisdiction(s) of the City and that each shall be deemed covenants running with the land and shall pass to and be binding upon the Property and each successor-in-interest of the Owner in the Property for the Term. The Owner hereby expressly assumes the duty and obligation to perform each of the covenants and to honor each of the reservations and restrictions set forth in this Regulatory Agreement. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any interest therein shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations, and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.
14. Burden and Benefit. The City and the Owner hereby declare their understanding and intent that the burden of the covenants set forth herein touch and concern the land in that the Owner's legal interest in the Property is affected by the affordable dwelling use and occupancy covenants hereunder. The City and the Owner hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the affordable housing goals and objectives of the City and in order to make the Property available for acquisition by the Owner.
15. Defaults.
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15.1. Events of Default. The occurrence of any of the following is a default and shall constitute a material breach of this Regulatory Agreement and, if not corrected, cured or remedied in the time period set forth in Section 15.2, shall constitute an " Event of Default " hereunder:
15.1.1. failure of the Owner or any person under its direction or control to comply with or perform when due any material term, obligation, covenant or condition contained in this Regulatory Agreement;
15.1.2. any warranty, representation or statement made or furnished to the City by the Owner under this Regulatory Agreement that is false or misleading in any material respect either now or at the time made or furnished;
15.1.3. the dissolution or termination of the existence of the Owner as an ongoing business, insolvency, appointment of a receiver for any part of the Property of the Owner, any assignment for the benefit of creditors, any type of creditor workout or the commencement of any proceeding under any bankruptcy or insolvency laws by or against the Owner; or
15.1.4. an Event of Default pursuant to the Affordable Housing Agreement.
15.2. Notice of Default. The City shall give written notice of default to the Owner, in accordance with Section 22, stating that such notice is a " Notice of Default ", specifying the default complained of by the City and requiring the default to be remedied within thirty (30) calendar days of the date of the Notice of Default. Except as required to protect against further material damage, the City may not institute legal proceedings against the Owner until thirty (30) calendar days after providing the Notice of Default. Failure or delay in giving a Notice of Default shall not constitute a waiver of any default, nor shall it change the time of occurrence of the default. If the default specified in the Notice of Default is such that it is not reasonably capable of being cured within thirty (30) calendar days, and if the Owner initiates corrective action within said thirty (30) calendar day period and diligently works to effect a cure as soon as possible, then the Owner may have such additional time as authorized in writing by the City as reasonably necessary to complete the cure of the default prior to exercise of any other remedy for the occurrence of an Event of Default. Such authorization for additional time to cure shall not be unreasonably withheld, conditioned or delayed. The City shall give the investor limited partner in the Owner the following notice and cure rights:
15.2.1. The City will give the limited partner a copy of any Notice (at the limited partner's address provided in a notice by the Owner to the City) that the City gives to the Owner under this Regulatory Agreement, provided that Owner has provided the address and contact information for the investor limited partner in writing to the City;
15.2.2. The City will give the limited partner thirty (30) days after the date of such Notice to cure a non-payment of any sum due under this Regulatory Agreement;
15.2.3. The City will give the limited partner sixty (60) days after the date of such Notice to cure any other default under this Regulatory Agreement;
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15.2.4. If a non-monetary default is incapable of being cured within sixty (60) days, the City will give the limited partner an additional ninety (90) days to cure such default provided the limited partner has commenced to cure such default and is diligently proceeding to cure such default through the end of such period; and
15.2.5. If the limited partner makes any such payment or otherwise cures such default, the City will accept such action as curing such default as if such payment or cure were made by the Owner.
If the Owner and limited partner fail to take corrective action relating to a default within thirty (30) calendar days following the date of Notice of Default (or to complete the cure within the additional time as may be authorized by the City or set forth above for the limited partner of the Owner), an Event of Default shall be deemed to have occurred.
15.3. Inaction Not a Waiver of Default. Any failure or delays by the City in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by the City in asserting any of its rights and remedies shall not deprive the City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
16. Remedies. Upon the occurrence of an Event of Default, the City shall, in addition to the remedial provisions of Section 12 as related to a Maintenance Deficiency at the Property, be entitled to seek any appropriate remedy or damages by initiating legal proceedings as follows: (i) by mandamus or other suit, action or proceeding at law or in equity, to require the Owner to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City; or (ii) by other action at law or in equity as necessary or convenient to enforce the obligations, covenants and Agreements of the Owner to the City.
16.1. Rights and Remedies are Cumulative. The rights and remedies of the City as set forth in this Section 16 are cumulative and the exercise by the City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the Owner.
16.2. Enforcement by Third Parties. No third party shall have any right or power to enforce any provision of this Regulatory Agreement on behalf of the City or to compel the City to enforce any provision of this Regulatory Agreement against the Owner or the Project.
17. Governing Law. This Regulatory Agreement shall be governed by the laws of the State of California and applicable federal laws, without regard to its conflicts of laws principles.
18. Amendment. This Regulatory Agreement may be amended after its recordation only by a written instrument executed by the Owner and the City.
19. Attorney's Fees. In the event that a party to this Regulatory Agreement brings an action to enforce any condition or covenant, representation or warranty in this Regulatory Agreement or
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otherwise arising out of this Regulatory Agreement, the prevailing party(ies) in such action shall be entitled to recover from the other party reasonable attorneys' fees to be fixed by the court in which a judgment is entered, as well as the costs of such suit. for the purposes of this Section 19, the words "reasonable attorneys' fees," in the case of the City, shall include the salaries, costs and overhead of the City Attorney as well as any other legal counsel hired by the City in such action, as allocated on an hourly basis.
20. Severability. If any provision of this Regulatory Agreement shall be declared invalid, inoperative or unenforceable by a final judgment or decree of a court of competent jurisdiction such invalidity or unenforceability of such provision shall not affect the remaining parts of this Regulatory Agreement which are hereby declared by the parties to be severable from any other part which is found by a court to be invalid or unenforceable.
21. Time is of the Essence. For each provision of this Regulatory Agreement which states a specific amount of time within which the requirements thereof are to be satisfied, time shall be deemed to be of the essence.
22. Notices, Demands and Communications Between the Parties. Any and all notices submitted by any party to another party pursuant to or as required by this Regulatory Agreement shall be dispatched by messenger for immediate personal delivery, or by registered or certified United States mail, postage prepaid, return receipt requested, to the address of the party, as set forth in this Section. Such notice may be sent in the same manner to such other addresses as any [arty may from time to time designate by notice. Any notice shall be deemed to be received by the addressee, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, on the day that it is dispatched by messenger for immediate personal delivery, or two (2) calendar days after it is placed in the United States mail, as provided in this Section. Rejection, other refusal to accept or the inability to deliver any notice because of a changed address of which no notice was given or other action by a person or entity to whom notice is sent, shall be deemed receipt of the notice.
The following are the authorized addresses for the submission of notices to the parties, as of the date of this Regulatory Agreement:
To the Owner: ____________________ LP
__________________
__________________
___________________
With copies to C & C Development Co., LLC
14211 Yorba Street, Suite 200
Tustin, CA 92780
Attn: Todd Cottle
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and to: Goldfarb & Lipman LLP
1300 Clay Street, 11th Floor
Oakland, CA 94612
Attn: Lynn Hutchins
To the City: City of Buena Park
6650 Beach Boulevard, Second Floor
Buena Park, California 90622
Attn: City Manager
With copies to: __________________
__________________
___________________
23. Recording. The parties hereto shall cause this Regulatory Agreement to be recorded in the official records of the County of Orange.
24. No Third Party Beneficiary. No claim as a third-party beneficiary under this Regulatory Agreement by any person, corporation or any other entity, shall be made or be valid against the City or the Owner.
25. Prohibition Against Transfer.
25.1. Except as expressly provided in the Affordable Housing Agreement, the Owner shall not, without prior written approval of the City, which may not be unreasonably withheld, delayed or conditioned: (i) assign or attempt to assign this Regulatory Agreement or any right herein; or (ii) make any total or partial sale, transfer, conveyance, lease, leaseback, or assignment of the whole or any part of the Property or the improvements thereon, with the exception of leases of the residential units as permitted by this Regulatory Agreement, or permit to be placed on any of the Property any unauthorized mortgage, trust deed, deed of trust, encumbrance or lien.
25.2. In the absence of specific written agreement or approval by the City, no unauthorized sale, transfer, conveyance, lease, leaseback or assignment of the Property shall be deemed to relieve the Owner or any other party from any obligations under this Regulatory Agreement.
26. City Approvals and Actions. The City Manager shall have the authority to make approvals, issue interpretations, waive provisions, grant extensions of time, approve amendments to this Regulatory Agreement and execute documents on behalf of the City (to the extent not provided otherwise in this Regulatory Agreement), including, without limitation, any documents necessary to implement any changes in the number or affordability of the Qualifying Units, as may be required by TCAC or to maintain the fiscal integrity of the Project, so long as such actions do not reduce the length of affordability of the Qualifying Units or add to the costs incurred or to be incurred by the City as specified herein. The City Manager reserves the right, in his or her sole and absolute discretion, to submit any requested modification, interpretation,
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amendment or waiver to the City Council if the City Manager determines or believes that such action could increase the risk, liability or costs to the City, or reduce the length of affordability of the Project.
IN WITNESS WHEREOF, the Owner and the City have caused this Regulatory Agreement to be signed, acknowledged and attested on their behalf by duly authorized representatives in counterpart original copies which shall upon execution by all of the parties be deemed to be one original document.
[Signatures on following pages]
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CITY SIGNATURE PAGE
TO
REGULATORY AGREEMENT
(Lincoln Avenue Apartments)
CITY:
CITY OF BUENA PARK,
a California charter city and municipal corporation
By: Date:
________________
City Manager
ATTEST:
City Clerk
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OWNER SIGNATURE PAGE
TO
REGULATORY AGREEMENT
(Lincoln Avenue Apartments)
OWNER:
______________ LP, a California limited partnership
By: _______________________ LLC,
a California limited liability company,
its managing general partner
By: _______________________________________,
a California nonprofit corporation, its sole member and manager
By: ____________________________________
______________, ___________________________
By: ______________ LLC,
a California limited liability company,
its developer general partner
By: C&C Development Co., LLC,
a California limited liability company,
its member and manager
By: _____________________________
Todd R. Cottle, Trustee of 2007
Todd R. Cottle and Jennifer N. Cottle
Revocable Trust, its member
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ATTACHMENT NO. 1
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ATTACHMENT NO. 1
TO
REGULATORY AGREEMENT
(Lincoln Avenue Apartments)
Property Legal Description
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ATTACHMENT NO. 2
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ATTACHMENT NO. 2
TO
REGULATORY AGREEMENT
(Lincoln Avenue Apartments)
Certification of Tenant Eligibility
NOTE TO PROPERTY OWNER: This form is designed to assist you in computing Annual Income.
Re: Lincoln Avenue Apartments, Buena Park, California
I/We, the undersigned, state that I/we have read and answered fully, frankly and personally each of the following questions for all persons who are to occupy the unit being applied for in the property listed above. Listed below are the names of all persons who intend to reside in the unit:
1. 2. 3. 4. 5.
Names of
Members of
Household
Relationship
to Head of
Household Age
Social
Security
Number
Place of
Employment
6. Head of Household (check one):
Mother: ____
Father: ____
Other: _____________ (specify relationship – i.e. legal guardian, sister, brother, etc.)
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Income Computation
7. The total anticipated income, calculated in accordance with the provisions of this Section 7, of all persons over the age of 18 years listed above for the 12-month period beginning the date that I/we plan to move into a unit is $ ____________________.
Included in the total anticipated income listed above are:
(a) all wages and salaries, overtime pay, commissions, fees, tips and bonuses and other compensation for personal services, before payroll deductions; (b) the net income from the operation of a business or profession or from the rental of real or personal property (without deducting expenditures for business expansion or amortization of capital indebtedness or any allowance for depreciation of capital assets); (c) interest and dividends (including income from assets excluded below); (d) the full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of period receipts, including any lump sum payment for the delayed start of a periodic payment; (e) payments in lieu of earnings, such as unemployment and disability compensation, workmen's compensation and severance pay;
(f) the maximum amount of public assistance available to the above persons other than the amount of any assistance specifically designated for shelter and utilities; (g) periodic and determinable allowances, such as alimony and child support payments and regular contributions and gifts received from persons not residing in the dwelling; (h) all regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is the head of the household or spouse; and (i) any earned income tax credit to the extent that it exceeds income tax liability.
Excluded from such anticipated income are:
(i) casual, sporadic or irregular gifts;
(ii) amounts which are specifically for or in reimbursement of medical expenses;
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(iii) lump sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and workmen's compensation), capital gains and settlement for personal or property losses; (d) amounts of educational scholarship paid directly to the student of the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, book and equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes, are to be included in income; (e) special pay to a household member who is away from home and exposed to hostile fire;
(f) relocation payments under Title 11 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;
(g) foster child care payments;
(h) the value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1977;
(i) payments to volunteers under the Domestic Volunteer Service Act of 1973; payments received under the Alaska Native Claims Settlement Act. (j) income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes;
(k) payments or allowances made under the Department of Health and Human Services' Low-Income Home Energy Assistance Program;
(l) payments received from the Job Training Partnership Act; (m) the first $2,000 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the Court of Claims.
8. Do the persons whose income or contributions are included in item 6 above:
(a) have savings, stocks, bonds, equity in real property or other form of capital investment (excluding the values of necessary items of personal property such as furniture and automobiles and interests in Indian trust land)? ___ Yes ____ No; or (b) have they disposed of any assets (other than at a foreclosure or bankruptcy sale) during the last two years at less than fair market value? ___Yes ___No
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(c) If the answer to (a) or (b) above is yes, does the combined total value of all such assets owned or disposed of by all such persons total more than $5,000? ___Yes ___No (d) If the answer to (c) is yes, state:
(i) the amount of income expected to be derived from such assets in the 12- month period beginning on the date of initial occupancy in the unit that you propose to rent:
$______; and
(ii) the amount of such income, if any, that was included in item 6 above:
$______
9. (a) Are all of the individuals who propose to reside in the unit full-time students*? ____Yes ____No
*A full-time student is an individual enrolled as a full-time student during each of five calendar months during the calendar year in which occupancy of the unit begins at an educational organization which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of students in attendance and is not an individual pursuing a full-time course of institutional or farm training under the supervision of an accredited agent of such an educational organization or of a state or political subdivision thereof. (b) If the answer to 8(a) is yes, is at least one of the proposed occupants of the unit a husband and wife entitled to file a joint federal income tax return? ____Yes ____No
10. Neither myself nor any other occupant of the unit I/we propose to rent is the Owner of the property in which the unit is located (hereinafter the "Owner"), has any family relationship to the Owner or owns, directly or indirectly, any interest in the Ownership. For purposes of this section, indirect the Ownership by an individual shall mean the Ownership by a family member, the Ownership by a corporation, partnership, estate or trust in proportion to the Ownership or beneficial interest in such corporation, partnership, estate or trust held by the individual or a family member, and the Ownership, direct or indirect, by a partner of the individual.
11. This certificate is made with the knowledge that it will be relied upon by the Owner to determine maximum income for eligibility to occupy the unit; and I/we declare that all information set forth herein is true, correct and complete and, based upon information I/we deem reliable and that the statement of total anticipated income contained in Section 7 is reasonable and based upon such investigation as the undersigned deemed necessary.
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12. I/we will assist the Owner in obtaining any information or documents required to verify the statements made herein, including either an income verification from my/our present employer(s) or copies of federal tax returns for the immediately preceding calendar year.
13. I/we acknowledge that I/we have been advised that the making of any misrepresentation or misstatement in this declaration will constitute a material breach of my/our agreement with the Owner to lease the units and will entitle the Owner to prevent or terminate my/our occupancy of the unit by institution of an action for eviction or other appropriate proceedings.
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14. Housing Issuer Statistical Information (Optional--will be used for reporting purposes only):
Marital Status: _____________________________
Race (Head of Household)
White ________ Asian ________ Hispanic ________
African-American ________ Native American ________ Other ________ Physical Disability: Yes ________ No ________
I/we declare under penalty of perjury that the foregoing is true and correct.
Executed this ________ day of__________, ____ in the County of Orange, California.
____________________________________
Applicant
____________________________________
Applicant
[Signature of all persons over the age of 18 years listed in number 2 above required]
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FOR COMPLETION BY PROPERTY THE OWNER ONLY:
1. Calculation of eligible income:
(a) Enter amount entered for entire household in 6 above: $______________ (b) (1) If answer to 7(c) above is yes, enter the total amount entered in 7(d)(1), subtract from that figure the amount entered in 7(d)(2) and enter the remaining balance ($_______________);
(2) Multiply the amount entered in 7(c) times the current passbook savings rate to determine what the total annual earnings on the amount in 7(c) would be if invested in passbook savings ($________), subtract from that figure the amount entered in 7(d)(2) and enter the remaining balance
(3) Enter at right the greater of the amount calculated under (1) or (2) above:
$_____________;
(c) TOTAL ELIGIBLE INCOME
(Line l(a) plus line 1(b)(3): $________________
2. The amount entered in l(c):
_____ Qualifies the applicant(s) as a Qualified Household. _____ Does not qualify the applicant(s) as Qualified Household.
3. Apartment unit assigned:
Bedroom Size: ______ Rent: $________
4. This apartment unit [was/was not] last occupied for a period of 31 consecutive days by persons whose aggregate anticipated annual income, as certified in the above manner upon their initial occupancy of the apartment unit, qualified them as a Qualified Household.
5. Method used to verify applicant(s) income:
_____ Employer income verification.
_____ Copies of tax returns.
_____ Other (_____________________)
_________________________________
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Manager
The undersigned employee has applied for a rental unit located in a project financed in part by the City of Buena Park for persons of very low income. Every income statement of a prospective tenant must be stringently verified. Please indicate below the employee's current annual income from wages, overtime, bonuses, commissions or any other form of compensation received on a regular basis.
Annual wages ________ Overtime ________ Bonuses ________ Commissions ________
Total current income ____________
I hereby certify that the statements above are true and complete to the best of my knowledge. _____________________________ _______________ ______________________________ Signature Date Title
I hereby grant you permission to disclose my income to ____________________________ in order that they may determine my income eligibility for rental of an apartment at [_____________________].
_____________________________ _______________
Signature Date
Please send to: ________________________________________ ________________________________________
________________________________________
I hereby attach copies of my individual federal and state income tax returns for the immediately preceding calendar year and certify that the information shown in such income tax returns is true and complete to the best of my knowledge.
_____________________________ _______________
Signature Date
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ATTACHMENT NO. 3
TO
REGULATORY AGREEMENT
(Lincoln Avenue Apartments)
Certificate of Continuing Program Compliance
For Annual Reporting Period Ending
The undersigned, _______________, as the authorized representative of _________________ LP, a California limited partnership ("Owner"), has read and is thoroughly familiar with the provisions of the various documents associated with the financial assistance provided by the City of Buena Park ("City"), as established in numerous documents including the Regulatory Agreement, dated as of __________, 202_, between the Owner and the City.
As of the date of this Certificate, the following percentage of residential units in the Project are (i) occupied by Qualified Households (as such term is defined in the Regulatory Agreement) or (ii) are currently vacant and being held available for such occupancy and have been so held continuously since the date a Qualified Household vacated such unit, as indicated:
Number of Units occupied by Qualified Households: ________________ Number of Vacant Units: ________________
Number of Qualified Households who commenced
occupancy during the preceding reporting period: ________________
Attached is a separate sheet ("Occupancy Summary") listing, among other items, the appropriate information for each residential unit in the Project, the occupants of each unit and the rent paid for each unit. The information contained thereon is true and accurate and reasonable and is based on information submitted to the Owner and is certified under penalty of perjury by each tenant.
[Signatures on following page]
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The undersigned hereby certifies that (1) a review of the activities of the Owner during such reporting period and of the Owner's performance under the Regulatory Agreement has been made under the supervision of the undersigned; and (2) to the best of the knowledge of the undersigned, based on the review described in clause (1) hereof, the Owner is not in default under any of the terms and provisions of the above documents.
Dated: ______________________ OWNER
__________________ LP, a California limited
partnership
By: ______________________________
Name: _______________________________
Its: _________________________________
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OCCUPANCY SUMMARY
Total Number of Units in the Project: ___________
Total Units occupied by Qualified Households: ___________ Total Units available for rent to Qualified Households: ___________ ATTACHED IS THE FOLLOWING INFORMATION:
A. Resident and rental information on each occupied apartment in the complex.
B. Certification of Tenant Eligibility for all Qualified Households who have moved into ________________, Buena Park, California, since the filing of the last Occupancy Summary. The same are true and correct to the best of the undersigned's knowledge and belief.
Dated: ______________________ OWNER:
______________________ LP, a California limited
partnership
By: ____________________________________
Name: _______________________________
Its: _________________________________
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REPLACEMENT EXHIBIT I
TO
AFFORDABLE HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT
Form of Deed of Trust
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Buena Park
6650 Beach Boulevard, Second Floor
Buena Park, California 90622
Attn: City Manager
APN: _______________ SPACE ABOVE FOR RECORDER'S USE ONLY
EXEMPT FROM RECORDING FEE PER
GOVERNMENT CODE §27383
DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING
(WITH ASSIGNMENT OF RENTS)
(Lincoln Avenue Apartments)
This Deed of Trust, Security Agreement and Fixture Filing (with Assignment of Rents) ("Deed of Trust ") is dated as of ______________, 202_, by ____________________ LP, a California limited partnership, whose address is ________________________ (" Trustor"), to COMMONWEALTH LAND TITLE COMPANY, a California corporation (" Trustee"), for the benefit of the CITY OF BUENA PARK, a California charter city and municipal corporation, whose address is 6650 Beach Boulevard, Second Floor, Buena Park, California 90622 ("Beneficiary"), and is executed to secure those two certain Promissory Notes each of even date herewith, in the principal amounts of Three Million Eight Hundred Fifty Thousand Dollars ($3,850,000.00) and One Million Dollars ($1,000,000.00), respectively, executed by Trustor in favor of Beneficiary (such Promissory Notes, as it may from time to time be supplemented, amended extended, renewed or otherwise modified), the provisions of which are incorporated in the Deed of Trust by this reference.
This Deed of Trust is made with respect to that certain Affordable Housing Disposition and Development Agreement (Lincoln Avenue Apartments), dated ____________, 2021, for reference purposes only, between the Trustor's predecessor-in-interest and the Beneficiary as amended from time to time, the "Affordable Housing Agreement").
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Trustor hereby IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to Trustee, its successors and assigns, in Trust, with POWER OF SALE TOGETHER WITH RIGHT OF ENTRY AND POSSESSION, the following property ("Trust Estate"):
(a) All of that certain real property in the City of Buena Park, County of Orange, State of California, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof ("Subject Property"); (b) All buildings, structures and other improvements now or in the future located or to be constructed on the Subject Property ("Improvements"); (c) All tenements, hereditament, appurtenances, privileges, franchises and other rights and interests now or in the future benefitting or otherwise relating to the Subject Property or the Improvements, including easements, rights-of-way and development rights ("Appurtenances"). (Appurtenances, together with the Subject Property and the Improvements, are hereafter collectively referred to as the "Real Property"); (d) Subject to the assignment to Beneficiary set forth in Paragraph 4 below, all rents, issues, income, revenues, royalties and profits now or in the future payable with respect to or otherwise derived from the Trust Estate or the ownership, use, management operation, leasing or occupancy of the Trust Estate, including those past due and unpaid ("Rents"); (e) All present and future right, title and interest of Trustor in and to all inventory, equipment, fixtures and other goods (as those terms are defined in Division 9 of the California Uniform Commercial Code (" UCC"), whether existing now or in the future) located at, upon or about, or affixed or attached to or installed in, the Real Property, or used or to be used in connection with or otherwise relating to the Real Property or the ownership, use, development, construction, maintenance, management, operation, marketing, leasing or occupancy of the Real Property, including furniture, furnishings, machinery, appliances, building materials and supplies, generators, boilers, furnaces, water tanks, heating, ventilating and air conditioning equipment and all other types of tangible personal property of any kind or nature, and all accessories, additions, attachments, parts, proceeds, products, repairs, replacements and substitutions of or to any of such property (" Goods," and together with the Real Property, collectively the "Property"); and
(f) All present and future right, title and interest of Trustor in and to all accounts, general intangibles, chattel paper, deposit accounts, money, instruments and documents (as those terms are defined in the UCC) and all other agreements, obligations, rights and written material (in each case whether existing now or in the future) now or in the future relating to or otherwise arising in connection with or derived from the Property or any other part of the Trust Estate or the ownership, use, development, construction, maintenance, management, operation, marketing, leasing, occupancy, sale or financing of the Property or any other part of the Trust Estate, including (to the extent applicable to the Property or any other portion of the Trust Estate) (i) permits, approvals and other governmental authorizations, (ii) improvement plans and specifications and architectural drawings, (iii) agreements with contractors, subcontractors, suppliers, project managers, supervisors, designers, architects, engineers, sales agents, leasing
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agents, consultants and property managers, (iv) takeout, refinancing and permanent loan commitments, (v) warranties, guaranties, indemnities and insurance policies, together with insurance payments and unearned insurance premiums, (vi) claims, demands, awards, settlements, and other payments arising or resulting from or otherwise relating to any insurance or any loss or destruction of, injury or damage to, trespass on or taking, condemnation (or conveyance in lieu of condemnation) or public use of any of the Property, (vii) license agreements, service and maintenance agreements, purchase and sale agreements and purchase options, together with advance payments, security deposits and other amounts paid to or deposited with Trustor under any such agreements, (viii) reserves, deposits, bonds, deferred payments, refunds, rebates, discounts, cost savings, escrow proceeds, sale proceeds and other rights to the payment of money, trade names, trademarks, goodwill and all other types of intangible personal property of any kind or nature, and (ix) all supplements, modifications, amendments, renewals, extensions, proceeds, replacements and substitutions of or to any of such property (collectively, "Intangibles").
Trustor further grants to Trustee and Beneficiary, pursuant to the UCC, a security interest in all present and future right, title and interest of Trustor in and to all Goods and Intangibles and all of the Trust Estates described above in which a security interest may be created under the UCC (collectively, the " Personal Property "). This Deed of Trust constitutes a security agreement under the UCC, conveying a security interest in the Personal Property to Trustee and Beneficiary. Trustee and Beneficiary shall have, in addition to all rights and remedies provided herein, all the rights and remedies of a "secured party" under the UCC and other applicable California law. Trustor covenants and agrees that this Deed of Trust constitutes a fixture filing under Sections 9313 and 9402(6) of the UCC.
FOR THE PURPOSE OF SECURING, in such order of priority as Beneficiary may elect, the following: (a) payment of that certain Land Promissory Note dated ________, 2024 in the original principal amount of Three Million Eight Hundred Fifty Thousand Dollars ($3,850,000.00) (the "Land Note"), (b) payment of that certain Project Promissory Note dated ________, 2024 in the original principal amount of One Million Dollars ($1,000,000.00) (the "Project Note", and together with the Land Note referred to herein as the " Notes"); and (c) due, prompt and complete observance, performance and discharge of each and every monetary and non-monetary condition, obligation, covenant and agreement contained herein or contained in the Affordable Housing Agreement. The Affordable Housing Agreement, that certain Regulatory Agreement (Lincoln Avenue Apartments) dated ________, 2024, for reference purposes only, between the Trustor and the Beneficiary (" Regulatory Agreement ") and the Notes (collectively, " Secured Obligations ") and all of their terms are incorporated herein by reference and this conveyance shall secure any and all extensions, amendments, modifications or renewals thereof, however evidenced.
AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES:
1. That Trustor shall perform its obligations as set forth in the Secured Obligations at the time and in the manner respectively provided therein;
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2. That Trustor shall not permit or suffer the use of any of the property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed;
3. That the Secured Obligations are incorporated in and made a part of this Deed of Trust. Upon default of a Secured Obligation, and after the giving of notice and the expiration of any applicable cure period, the Beneficiary, at its option, may declare the whole of the indebtedness secured hereby to be due and payable. This Deed of Trust shall cover, and the property subject hereto shall include, all property now or hereafter affixed or attached to or incorporated upon the Subject Property in, to or under which Trustor now has or hereafter acquires any right, title or interest, which, to the fullest extent permitted by law, shall be deemed fixtures and a part of the Subject Property. To the extent any of the property subject to this Deed of Trust consists of rights in action or personal property covered by the UCC, this Deed of Trust shall also constitute a security agreement, and Trustor hereby grants to Beneficiary, as secured party, a security interest in such property, including all proceeds thereof, for the purpose of securing the Secured Obligations. In addition, for the purpose of securing the Secured Obligations, Trustor hereby grants to Beneficiary, as secured party, a security interest in all of the property described herein in, to, or under which Trustor now has or hereafter acquires any right, title or interest, whether present, future or contingent, including, but not limited to, all equipment, inventory, accounts, general intangibles, instruments, documents and chattel paper, as those terms are defined in the UCC, and all other personal property of any kind (including, without limitation, money and rights to the payment of money), whether now existing or hereafter created, that are now or at any time hereafter (i) in the possession or control of Beneficiary in any capacity; (ii) erected upon, attached to or appurtenant to the Subject Property; (iii) located or used on the Subject Property or identified for use on the Subject Property (whether stored on the Subject Property or elsewhere); or (iv) used in connection with, arising from, related to, or associated with the Subject Property or any of the personal property described herein, the construction of any improvements on the Subject Property, the ownership, development, maintenance, management or operation of the Subject Property, the use or enjoyment of the Subject Property or the operation of any business conducted thereon, including, without limitation, all such property described as the Trust Estate hereinabove. The security interests granted in this Paragraph 3 are hereinafter severally and collectively called the "Security Interest". The Security Interest shall be self-operative with respect to the real property described herein but Trustor shall execute and deliver on demand such additional security agreements, financing statements and other instruments as may be requested in order to impose the Security Interest more specifically upon the real and personal property encumbered hereby. The Security Interest, at all times, shall be prior to any other interest in the personal property encumbered hereby. Trustor shall act and perform as necessary and shall execute and file all security agreements, financing statements, continuation statements and other documents requested by Beneficiary to establish, maintain and continue the perfected Security Interest. Trustor, on demand, shall promptly pay all costs and expenses of filing and recordation, to ensure the continued priority of the Security Interest. Trustor shall not sell, transfer, assign or otherwise dispose of any personal property encumbered hereby without obtaining the prior written consent of Beneficiary, except that the Trustor may, in the ordinary course of business, replace personal property or dispose of personal property that will not be replaced because of its obsolescence.
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Unless Beneficiary then agrees otherwise in writing, all proceeds from any permitted sale or disposition in excess of that required for full replacement shall be paid to Beneficiary to be applied on the Notes subject to the rights of any senior lenders. Although proceeds of personal property are covered hereby, this shall not be construed to mean that Beneficiary consents to any sale of such personal property. Upon its recordation in the real property records of Orange County, this Deed of Trust shall be effective as a financing statement filed as a fixture filing. In addition, a carbon, photostatic or other reproduced copy of this Deed of Trust and/or any financing statement relating hereto shall be sufficient for filing and/or recording as a financing statement;
4. That all rents, profits and income from the property covered by this Deed of Trust are hereby assigned to the Beneficiary for the purpose of discharging the debt hereby secured.
Permission is hereby given to Trustor so long as no default exists hereunder after the giving of notice and the expiration of any applicable cure period, to collect such rents, profits and income for use in accordance with the provisions of the Secured Obligations;
5. That upon default hereunder or under the aforementioned agreements, and after the giving of notice and the expiration of any applicable cure period, Beneficiary shall be entitled to the appointment of a receiver by any court having jurisdiction, without notice, to take possession and protect the property described herein and operate same and collect the rents, profits and income therefrom;
6. That Trustor will keep the improvements now existing or hereafter erected on the Subject Property insured against loss by fire and such other hazards, casualties, and contingencies as may be required by applicable provisions of the Secured Obligations, and all such insurance shall be evidenced by standard fire and extended coverage insurance policy or policies. Such policies shall be endorsed with standard mortgage clause with loss payable to the Beneficiary and certificates thereof together with copies of original policies, if requested, shall be deposited with the Beneficiary;
7. To pay before delinquency any taxes and assessments affecting said Property; to pay, when due, all encumbrances, charges and liens, with interest, on said Property or any part thereof which appear to be prior or superior hereto; and to pay all costs, fees, and expenses of this trust. Notwithstanding anything to the contrary contained in this Deed of Trust, Trustor shall not be required to pay and discharge any such tax, assessment charge or levy so long as Trustor is contesting the legality thereof in good faith and by appropriate proceedings, and Trustor has adequate funds to pay any liabilities contested pursuant to this Paragraph 7;
8. As it is provided more specifically in the Secured Obligations, to keep said property in good condition and repair, subject to ordinary wear and tear, casualty and condemnation, not to remove or demolish any buildings thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged, or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon (subject to Trustor's right to contest the validity or applicability of laws or regulations); not to commit or permit waste thereof; not to commit, suffer
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or permit any act upon said property in violation of law and/or covenants, conditions and/or restrictions affecting said property; not to permit or suffer any material alteration of or addition to the buildings or improvements hereafter constructed in or upon said Subject Property without the consent of the Beneficiary;
9. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of evidence of title and reasonable attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear;
10. Should Trustor fail, after the giving of notice and the expiration of any applicable cure period, to make any payment or do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Following default, after the giving of notice and the expiration of any applicable cure period, Beneficiary or Trustee, being authorized to enter upon said property for such purposes, may commence, appear in and/or defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; may pay, purchase, contest or compromise any encumbrance, charge, or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, may pay necessary expenses, employ counsel, and pay his reasonable fees;
11. Beneficiary shall have the right to pay all insurance premiums required by the Secured Obligations when due should Trustor fail to make any required premium payments. All such payments made by the Beneficiary shall be added to the sums secured hereby;
12. To pay immediately and without demand all sums so expended by Beneficiary or Trustee, under permission given under this Deed of Trust, with interest from date of expenditure, at the highest rate of interest permitted by law;
13. That the funds to be advanced hereunder are to be used in accordance with applicable provisions of the Secured Obligations; upon the failure of Trustor to do so, after the giving of notice and the expiration of any applicable cure period, Trustor shall be in default hereunder;
14. Trustor further covenants that it will not voluntarily create, suffer, or permit to be created against the Subject Property subject to this Deed of Trust any lien or liens except as authorized by Beneficiary and/or as provided in the Secured Obligations and further that it will keep and maintain the property free from the claims of all persons supplying labor or materials which will enter into the construction of any and all buildings now being erected or to be erected on said premises. Notwithstanding anything to the contrary contained in this Deed of Trust, Trustor shall not be obligated to pay any claims for labor, materials or services which Trustor in good faith disputes and is diligently contesting, provided that Trustor shall, at Beneficiary's written request, within thirty (30) days after the filing of any claim or lien (but in any event, and without any requirement that Beneficiary must first provide a written request prior to foreclosure) record in the Office of the Recorder of Orange County, a surety bond in the amount
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required by law to protect against a claim of lien, or provide such other security reasonably satisfactory to Beneficiary;
15. That any and all improvements made or about to be made upon the premises covered by this Deed of Trust and all plans and specifications, comply with all applicable municipal ordinances and regulations and all other applicable regulations made or promulgated, now or hereafter, by lawful authority, and that the same will upon completion comply with all such municipal ordinances and regulations and with the rules of the applicable fire rating or inspection organization, bureau, association or office.
IT IS MUTUALLY AGREED THAT:
16. Trustor confirms that if Trustor should sell, enter into a contract of sale, convey, or in any way transfer all or any interest of Trustor in the Real Property encumbered by this Deed of Trust or suffer Trustor's title or any interest therein to be divested, whether voluntarily or involuntarily, unless the same is a Permitted Transfer as defined in the Affordable Housing Agreement, without the prior written consent of the Beneficiary being first obtained, then Beneficiary shall have the right, at Beneficiary's sole option, to declare all sums payable under the Notes secured hereby immediately due and payable in full, irrespective of the maturity date otherwise specified in the Notes. No waiver of this right shall be effective unless in writing and signed by the Beneficiary. Consent by the Beneficiary to any one such transaction shall not be deemed a waiver of the right to require such consent to future or successive transactions.
Further, upon default under one of the Secured Obligations, and after the giving of notice and the expiration of any applicable cure period provided therein, the Beneficiary, at its option, may declare the whole of the indebtedness secured hereby to be immediately due and payable in full, irrespective of the maturity date otherwise specified in the Notes;
17. As provided more specifically in the Secured Obligations, should the Property or any part thereof be taken or damaged by reason of any public improvement or condemnation proceeding, or damaged by fire, or earthquake, or in any other manner, subject to the rights of any senior lenders, Beneficiary shall be entitled to all compensation, awards, and other payments or relief therefor which are not used to reconstruct, restore or otherwise improve the Property or part thereof that was taken or damaged, and shall be entitled at its option to commence, appear in and prosecute in its own name, any action or proceedings, or to make any compromise or settlement, in connection with such taking or damage subject to the rights of any senior lenders.
All such compensation, awards, damages, rights of action and proceeds which are not used to reconstruct, restore or otherwise improve the property or part thereof that was taken or damaged, including the proceeds of any policies of fire and other insurance affecting said property, are hereby assigned to Beneficiary subject to the rights of any senior lenders;