SECTION 1. The facts set forth in the above recitals are true and correct and incorporated into this Ordinance as substantive findings.
SECTION 2. Gas-Powered Lawn Equipment.
A. Definitions. The terms utilized in this section shall have the following meanings unless the context otherwise indicates:
1. “Landscaping equipment” means and includes trimmers, edgers, lawn mowers, brush cutters, leaf blowers, leaf vacuums, pole saws, and chainsaws regardless of the type (e.g., handheld, ride -on, backpack, and push) and similar tools or equipment used for landscaping and vegetation maintenance purposes.
2. “Landscaping businesses” means and includes any person, business, or contractor that provides landscaping services within the City in exchange for payment.
3. “Landscaping services” means and refers to the trimming, edging, mowing, clearing, trimming, cutting, sawing, or similar activities relating to the maintaining of vegetation or landscaping on real property that is owned by any person other than the individual performing the work.
B. Use Prohibited; Effective Date. The use of g as-powered landscaping equipment shall be prohibited within the City of Buena Park as follows:
1. Beginning July 1, 2026, a landscaping business is prohibited from operating gas-powered landscaping equipment that is under 25 horsepower.
2. Beginning January 1, 2027, a landscaping business is prohibited from operating gas-powered landscaping equipment that is 25 horsepower or more.
3. Beginning January 1, 2027, no person shall operate gas-powered landscaping equipment that is under 25 horsepower.
4. Beginning January 1, 2028, no person shall operate gas-powered landscaping equipment that is 25 horsepower or more.
C. Exceptions. The use of gas-powered equipment is not prohibited by this ordinance if, as determination by the Director of Community Development, an alternative comparable item of electric landscaping equipment is not commercially available.
D. Enforcement. Any person violating this ordinance may be issued an administrative citation pursuant to Buena Park Municipal Code Section 1.04.050 , et seq . (Administrative Citations).
SECTION 3. The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2)
ORDINANCE NO. _______
(the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 5. This Ordinance shall take effect 30 calendar days after the final passage by the City Council.
SECTION 6. The City Clerk shall certify to the passage of the Ordinance and shall c ause the same to be posted in the manner required by law.
PASSED AND ADOPTED this ___the day of February 2025, by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
________________________________
Mayor
ATTEST:
_______________________________
City Clerk
I, Adria Jimenez, MMC, City Clerk of the City of Buena Park, California, do hereby certify that the foregoing ordinance was introduced and passed at a regular meeting of the City Council of the City of Buena Park held on the ____ day of _________________ 2024.
ATTACHMENT 2 – Transition Plan
Electric Lawn Equipment Transition Plan
Transition By: July 1, 2025 Jan. 1, 2026 July 1, 2026 Jan. 1, 2027 Jan. 1, 2028 Estimated Total Cost City-Owned
Equipment
Switch 100%
of applicable
equipment:
$29,000
$29,000
City-
Contracted
Equipment
WCA: switch
100% of
applicable
equipment:
$36,000
(annual cost
increase)
Merchants:
no change
Merchants:
$131,280
($36,000 of
cost is annual
cost for
labor)
$167,280
Businesses
City rebate
for BP-based
and licensed
businesses:
$30,000
Outreach:
$3,000
All
equipment
under 25
horsepower
(HP)
All applicable
equipment
over 25 HP
$33,000
Residents
City rebate
for residents:
$20,000
Outreach:
$6,000
All
equipment
under 25 HP
All applicable
equipment
over 25 HP
$26,000
GHG
Reduction
23,000
pounds of
CO2
or 10 round-
trip flights
from LA to
London per
passenger
(City-owned
equipment only)
7,200 pounds
of CO2 or 2.5
round-trip
flights from
LA to London
per
passenger
N/A N/A 1.25 million
pounds of
CO2 could be
reduced by
BP residents
and
businesses
N/A
Additional
Cost to City
Each Year
$124,000 $131,280
+ $36,000
WCA annual
cost
+ $36,000
Merchants
annual cost
$0
+ $36,000
WCA annual
cost
+ $36,000
Merchants
annual cost
$0
+ $36,000
WCA annual
cost
+ $36,000
Merchants
annual cost
$0
+ $36,000
WCA annual
cost
+ $36,000
Merchants
annual cost
$255,280
(average
$85,000.year)
UPDATE: previous Study Session on 10/8/24 split City rebate for residents with $10,000 in 2026 and $10,000 in 2027. AQMD’s rebate program is oversubscribed so City rebate has been moved entirely to 2025 to encourage residents to take advantage of both rebates while AQMD is still available.
ATTACHMENT 3 – Rebate Programs
The tables below summarize the tiered rebate amounts offered by South Coast AQMD.
Residential Rebate (lawn mowers only):
Resident turns in gas mower to approved dismantler, buys new electric mower, then applies/receives reimbursement check.
Purchase Price (no taxes/fees/accessories) Rebate
$250 or less $150
$251 to $400 $200
$401+ $250
Commercial Rebate (businesses, local government agencies, schools, and non-profits):
Organization visits an approved retailer to select equipment. The retailer will apply for voucher(s) on the organization’s behalf. After approval, the organization will bring gas equipment to the retailer and pick up electric items with a discounted voucher price.
Equipment 85% discount or up to:
Chainsaws/Trimmers/Edgers/Brush Cutters $70
Leaf blowers/Vacuums $1,400
Walk Behind Lawn Mowers $1,500
Ride-on or Stand/Sit Lawn Mowers $15,000
City of Buena Park
City Council Regular Meeting Agenda Report
D. ADOPT AN ORDINANCE ENACTING LOCAL REGULATIONS GOVERNING THE OPERATION OF ELECTRIC
BICYCLES AND OTHER ELECTRIC MOBILITY DEVICES
The City Council will consider adopting an ordinance that prohibits the operation of electric bicycles and similar electric mobility devices on public sidewalks, parks, and similar public places that are intended for pedestrian use or traffic.
Meeting
Tuesday, February 11, 2025, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5D.
Presented By Prepared By
Christopher G. Cardinale, City Attorney
Approved By
Aaron France, City Manager
Presented By
Christopher G. Cardinale, City Attorney
RECOMMENDED ACTION
1) Adopt an ordinance of the City Council of the City of Buena Park, California, amending various sections of the Buena Park Municipal Code to enact regulations governing the operation of electric bicycles and similar electric mobility devices.
PREVIOUS CITY COUNCIL ACTION
On July 3, 2024, the City submitted a response to the findings and recommendations in Orange County Grand Jury’s report titled “E-Bikes Friend or Foe.”
At the study session on September 10, 2024, and at the request of Council Member Sonne, the Police Department provided an overview of electric bicycles (or “e-bikes”), the various types, the potential dangers, and what other agencies have done to address these concerns. At the conclusion of the presentation, the City Council directed staff to prepare and return with an ordinance that regulates e-bikes on sidewalks and in parks and other public places.
DISCUSSION
The Buena Park Municipal Code currently has two sections that regulate the use of bicycles and similar vehicles in various locations throughout the City:
Section 10.48.010 prohibits the operation of any self-propelled vehicle, including any motorcycle, motor- driven cycle, minibike, trail bike, motorscooter, jeep and dune buggy on private property without consent of the private property owner; and
Section 12.04.020 prohibits the following activities within any City park: (a) driving or riding any vehicle or bicycle except on roads or drives provided for that purpose; and (b) rollerskating, skate boarding, or riding any bicycle, scooter, or similar vehicle on the decks surrounding a swimming pool, or on tennis courts or multipurpose play areas not designed for that purpose.
In addition to these local regulations, the California Vehicle Code regulates the operation of bicycles upon public roadways. Bicycle operators must generally comply with the same “rules of the road” as other vehicles by, for example, yielding to pedestrians, operating with the flow of traffic, and obeying posted signs. In addition, state law:
requires bicycle operators to move to the right of roadways when traveling slower than traffic, except when making turns; requires operators to use a bike lane where provided; and, prohibits bicycles from being operated on freeways. California law does not prohibit the operation of bicycles on sidewalks, but allows local agencies to do so.
California law places similar restrictions on the operation of electric bicycles. Low speed e-bikes (Class 1 or 2 with top assisted speeds of 20 MPH) are subject to the same location limitations as standard bicycles, meaning they may be operated on sidewalks, except where prohibited by a local authority. In contrast, Class 3 e-bikes (speed pedal assisted with top speeds of 28 MPH) may only be operated on roadways or separated bike lanes, and may not be used on trails, bike paths, or non-separated bike lanes unless allowed by local authorities.
Given the increased popularity of e-bikes in recent years, many local jurisdictions have taken action to regulate or prohibit the use of e-bikes in areas not covered by state law, such as sidewalks, boardwalks, and other public places not subject to the Vehicle Code. As noted in the past presentations to the City Council on this issue, the Police Department has observed an increase in calls for service relating to e-bike accidents, which are commonly more severe given the weight and speed of the e-bike. Residents and City officials have observed e-bikes being operated in public parks and other areas not intended for that use, riding against the flow of traffic, failing to yield to pedestrians or vehicles, operating at high rates of speed on sidewalks or roads, carrying passengers on devices not designed or intended for that purpose, and juveniles without appropriate protective helmets or licensing.
Consistent with the City Council’s direction, the Police Department worked with the City Attorney’s Office to prepare an ordinance addressing these concerns, and specifically prohibiting the operating of e-bikes on sidewalks and in public parks. This draft ordinance is now presented for the City Council’s consideration with key provisions including the following:
The Ordinance would apply to e-bikes of all classes, as well as motorized scooters, electric-powered skateboards, and similar electric mobility devices that are regulated by the Vehicle Code. The draft ordinance characterizes these vehicles as “Electric Mobility Devices.” The Ordinance adds Electric Mobility Devices to the list of vehicles that Section 10.48.010 prohibits from being operated on private property without the owner’s consent.
The Ordinance adds Electric Mobility Devices to the list of vehicles that may not be operated in public parks, except for designated drives and roadways, and to the list of vehicles that may not be operated near swimming pools, playgrounds, or sports court areas.
The Ordinance would replace Chapter 10.56, which currently includes outdated language pertaining to the licensing and registration of bicycles, with a new Chapter 10.56 to specifically regulate Electric Mobility Devices. The new Chapter 10.56 would: (a) prohibit Electric Mobility Devices from being operated on sidewalks, in any public drainage facility, culvert, ditch, channel, athletic field, athletic/sports court, gymnasium, playground, or any grass or landscaped area of any public park or public property in the city; and (b) prohibit Electric Mobility Devices from being operated in an unsafe manner (i.e. in violation of the Vehicle Code).
Persons violating the Ordinance may be issued an administrative citation by a police officer, and if a minor is found to be violating the ordinance, officers may contact the guardian(s) and impound the e-bike to protect the operator and general public.
The draft ordinance is similar to that adopted by other cities in the area, and if approved by the City Council would become effective in 30 days.
BUDGET IMPACT
There is no direct budget impact associated with this item.
Attachments
CC Ord - E-BIKES (Agenda Draft_1.29.25) final.pdf
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF BUENA
PARK, CALIFORNIA , AMENDING VARIOUS SECTIONS OF THE
BUENA PARK MUNICIPAL CODE TO ENACT REGULATIONS
GOVERNING THE OPERATION OF ELECTRIC BICYCLES SIMILAR
ELECTRIC MOBILITY DEVICES
WHEREAS, the popularity of electric bicycles, scooters, skateboards and similar electric mobility devices (“Electric Mobility Devices”) as a means of transportation or recreation has increased significantly in recent years resulting in a corresponding increase in accidents involving operators of Electric Mobility Devices and other vehicles and pedestrians utilizing sidewalks, streets, and public rights-of-way;
WHEREAS, because of the increased weight and speed capacity of Electric Mobility Devices, persons involved in Electric Mobility Device accidents suffer serious injuries when compared to traditional bicycle accidents, and collisions between Electric Mobility Devices and motor vehicle s result in greater damage to the vehicles and other property when compared to traditional bicycle accidents;
WHEREAS, the Buena Park Police Department has observed an increase in calls for service and incidents related to Electric Mobility Devices being operated in an unsafe and dangerous manner, including but not limited to Electric Mobility Devices being operated in public parks and other areas not intended for that use, riding against the flow of traffic, operators failing to yield to pedestrians or vehicles, operating at high rates of speed on sidewalks or roads, carrying passengers on devices not designed or intended for that purpose, and juveniles operating Electric Mobility Devices without appropriate protective helmets or licensing;
WHEREAS, the Orange County Grand Jury for 2023 -2024 recently issued a report summarizing the health and safety risks associated with the unregulated operation of Electric Mobility Devices , and recommending that local jurisdictions adopt appropriate regulations intended to protect the health and safety of operators and riders of Electric Mobility Devices and the general public;
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, the California Vehicle Code authorizes local authorities, like the City, to regulate the use and operation of Electric Mobility Devices so long as such local regulations do not conflict with state law;
WHEREAS, the Buena Park Municipal Code currently regulates the use and operation of bicycles in various locations and the City Council for the City of Buena Park (“City Council”) desires to add to and update the Municipal Code with regulations governing Electric Mobility Devices; and
WHEREAS, all legal prerequisites to the City Council’s adoption of this Ordinance have occurred.
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 10.48.010 (Operation on private property —Landowner consent required) of Chapter 10.48 (MOTORCYCLES AND MOTOR -DRIVEN CYCLES) of Title 10 (VEHICLES AND TRAFFIC) of the Buena Park Municipal Code is hereby amended to read as follows (new text underlined):
ORDINANCE NO. ____
§ 10.48.010. Operation on private property—Landowner consent required.
A. No person shall start or run the motor of, or drive, any self -propelled vehicle, including any motorcycle, motor-driven cycle, minibike, trail bike, motorscooter, electric mobility device (as defined by Section 10.56.020 of this code), jeep and dune buggy, upon any privately owned land, unoccupied or without any structure or paving thereon, in the city, not owned by him or her or in his or her lawful possession, without then having upon his or her person the written consent to do so executed and acknowledged before a notary public by the lessee of, or the holder of the record title to such land, or a certified copy of the notice of consent to so use such land, made and recorded pursuant to Section 813 of the Civil Code of California.
B. No person shall so use any land in the city after the recording of a notice of revocation of such recorded notice of consent in the event of use by the general public, or after the recording and service by registered mail upon such person of the notice of revocation in the event of use by other than the general public, or after the service upon such person personally or by registered mail of any notice in writing executed by the lessee of or the holder of the record title to such land that any consent to such use theretofore given is terminated.
SECTION 3. Chapter 10.56 (BICYCLES) of Title 10 ( VEHICLES AND TRAFFIC ) is hereby deleted in its entirety and replaced with a new Chapter 10.56 to be titled “ELECTRIC BICYCLES AND MOBILITY DEVICES” and read as follows:
Chapter 10.56 ELECTRIC BICYCLES AND MOBILITY DEVICES
§ 10.56.010 Purpose and intent.
§ 10.56.020 Definitions.
§ 10.56.030 Operation of electric mobility devices; prohibitions and requirements. § 10.56.040 Enforcement.
§ 10.56.050 Impoundment authorized following chapter violation. § 10.56.060 Exceptions.
§ 10.56.010 Purpose and intent.
A. The purpose of this chapter is to regulate electric mobility devices within the jurisdictional limits of the City of Buena Park.
B. The City supports the use of electric mobility devices as a form of recreation and an alternative mode of transportation, but recognizes the increased popularity combined with the unregulated usage of such devices creates health & safety risks arising from operator interactions with other motorists and pedestrians. The City desires to address these health and safety risk s through the provisions of this chapter.
§ 10.56.020 Definitions.
As used in this chapter, the following words and phrases shall have the meaning stated:
"Electric mobility device" means and refers to any and all of the following: (a) "electric bicycle" as defined in Vehicle Code section 312.5; (b) "electric personal assistive mobility device" as defined in Vehicle Code section 313; (c) "electrically motorized boards" as defined in Vehicle Code section 313.5; (d) "low speed vehicle" as defined in Vehicle Code section 385.5; and (e) "motorized scooter" as defined in Vehicle Code Section 407.5
“Operator" means a person who operates or controls an electric mobility device.
ORDINANCE NO. ____
“Vehicle Code” means the California Vehicle Code, as the same may be amended from time to time. Any words or phrases that are used but not defined in this chapter, but are defined in the Vehicle Code, shall have the meaning given by the Vehicle Code.
§ 10.56.030 Operation of electric mobility devices; prohibitions and requirements.
A. No person shall operate or ride an electric mobility device upon any sidewalk, in any public drainage facility, culvert, ditch, channel, athletic field, athletic/sports court, gymnasium, playground, or any grass or landscaped area of any public park or public property in the city.
B. No person shall operate or ride an electric mobility device in an unsafe manner on a public roadway, highway, trail, bike path, other public or private property that is open to the public.
For purposes of the foregoing, an “unsafe manner” means and refers to operating or riding an electric mobility device:
1. In any manner that violates or is prohibited by the Vehicle Code; or
2. In such a way as to create a danger to the operator, a passenger, or to the person or property of other motorists, pedestrians , or other persons in the vicinity. Examples of operating or riding an electric mobility device in an “unsafe manner” include, but are not limited to: (a) operating or riding against the flow of traffic; (b) recklessly swerving around or evading stopped or slowed traffic or pedestrians; (c) operating or riding in a manner for which it was not designed, such as carrying passengers when not designed for carrying passengers; (d) operating or riding while under the age of 18 without a properly fitted and fastened helmet; or (e) operating or riding at a speed that is faster (or greater) than 25 MPH or that is reasonable or prudent under the conditions then existing.
§ 10.56.040 Enforcement.
A. Any person violating or failing to comply with any provision of this chapter is guilty of an infraction and may be punished by an administrative fine pursuant to Section 1.04.080 of this code.
B. The provisions and remedies of this chapter are in addition to those otherwise provided by law, including but not limited to the Vehicle Code. Nothing in this chapter prohibits a peace officer from issuing a citation under the Vehicle Code for any offense based on his or her discretion.
C. In the event the person operating or riding an electric mobility device in violation of this chapter is a juvenile, as soon as practical after initiating the stop peace officers will make reasonable efforts to contact the parent(s) or responsible guardian(s) of the person and advise them of the nature of the violation.
D. In lieu of a fine or administrative citation that is authorized by this chapter, and in lieu of filing charges in any court having jurisdiction over a violation, the police chief or designee may allow a juvenile violator and their parent(s) or responsible guardian(s) to complete a police department diversion safety program, at their expense.
§ 10.56.050 Impoundment authorized following chapter violation.
If a juvenile subject is cited for a violation of this chapter, the citing peace officer may impound, or if necessary because of size and weight, tow the electronic mobility device to the Buena Park Police Department such that the device may be released to a responsible adult . The fee for release will be consistent with the department’s fee schedule for the release of impounded bicycles, or towed vehicles if the device is towed. If an electric mobility device is not claimed after a period of at least ORDINANCE NO. ____
90 days it may be deemed abandoned and disposed of by the department in the manner provided by law.
§ 10.56.060 Exceptions.
A. This chapter does not apply to city or public agency personnel within the course and scope of their employment.
B. This chapter does not apply to or otherwise restrict persons with mobility disabilities utilizing a wheelchair or other power -driven mobility device in accordance with the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) and Section 36.311 of Title 28 of the Code of Federal Regulations.
SECTION 4. Section 12.04.020 (Activities prohibited without permit) of Chapter 12.04 (PARKS AND PUBLIC BUILDINGS) of Title 12 (STREETS, SIDEWALKS, AND PUBLIC PROPERTY) of the Buena Park Municipal Code is hereby amended to read as follows (new text underlined and deleted text stricken):
§ 12.04.020 Activities prohibited without permit.
Except as specifically authorized by written permit issued by the city council or the department, within the limits of any park in the city no person shall:
A. Cause, permit or allow any animal owned or possessed by him or her, or any animal in his or her care, custody or control, to be present in such park, except:
1. Equine animals, being led or ridden and under reasonable control upon bridle paths or trails provided for such purposes,
2. Dogs or cats when led by a cord or chain not more than six feet long and not tethered on an additional line, or when confined within the interior area of a vehicle,
3. Dogs which have been specially trained and are being used by blind persons to aid and guide them in their movements;
B. Sell or offer for sale any merchandise, article or thing of any kind or nature whatever, or practice, carry on, conduct or solicit any trade, occupation, business or profession; C. Play any musical instrument within five hundred feet of any structure used for dwelling purposes between the hours of ten p.m. and seven a.m., except within or upon an area or facility set aside for this purpose by the city council or department. For purpo ses of this subsection, the term "musical instrument" includes, but is not limited to, drums and other percussion devices; D. Play or utilize any sound amplifying system within or upon an area or facility not set aside for such purposes by the city council or department. For purposes of this subsection, "sound amplifying system" means and includes any system of electrical hook -up or connection, loudspeaker system or equipment, sound amplifying system, and any apparatus, equipment, device, instrument or machine designed for or intended to be used for the purpose of amplifying the sound or increasing the volume of the human voice, musical tone, vibration or soundwave.
This subsection shall not apply to the regular and customary use of portable radios, televisions, record players or tape recorders played or operated in such places and at such times so as not to disturb other persons in their permitted uses of the park; E. Use any area set aside for a specific purpose by the city council or department, for a purpose contrary to or inconsistent with that specific purpose; F. Throw, discard or deposit any paper, rubbish, debris, ashes, dirt, bottles, cans, trash or litter of any kind or nature whatsoever, except in receptacles specifically provided therefor; ORDINANCE NO. ____
G. Land or release, take off or fly any balloon, except children's toy balloons not inflated with any flammable material, helicopter, parakite, aircraft or powered model airplane, except in an area specifically set aside for such purpose;
H. Engage in any voluntary parachute jump;
I. Use, throw or release any spear, arrows, bows or crossbows, except as specifically permitted in designated archery areas;
J. Take, seize or hunt any bird or animal;
K. Remove any wood, tree, shrub, plant, ground cover, turf, grass, soil, rock, sand or gravel from any park;
L. Cut, break, injure, tamper with, deface or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench, table, bleacher, structure, apparatus, sign, equipment or property in the park, or mark, paint, post or write upon any building, monument, fence, bench, table, sign or other structure;
M. Enter or remain in any park between the hours of eleven p.m. and six a.m.; N. Drive or ride any cycle or vehicle, bicycle, or electric mobility device (as defined by Section
10.56.020 of this code) except on roads or drives provided for such purposes; O. Make or kindle a fire or cook food, except in a stove, masonry or concrete hearth, barbecue brazier or picnic stove provided by the department for such purpose; P. Enter any municipal swimming pool or dressing room therein at any time when an employee of the department is not in attendance therein;
Q. Rollerskate, board skate, or ride or drive any bicycle, scooter, electric mobility device (as defined by Section 10.56.020 of this code), or similar vehicle on the decks surrounding a swimming pool, or on tennis courts, or on multipurpose play areas not specifically designated for roller skating, board skating or other vehicles. The exception shall be those persons physically handicapped using proper vehicles to transport themselves from place to place; R. Erect, maintain, use or occupy any tent, lodge, shelter or structure unless the same shall have one side thereof entirely open and unless there shall be an unobstructed view into such tent, lodge, shelter or structure from the outside on at least one side thereof; S. Fly a kite or play or participate in any organized game, such as baseball, hockey, football and the like in any park, square, avenue, grounds or recreation center, except at such places designated for such use by the department;
T. Play golf in any park, recreation playground or other area not designated for the purpose of playing golf or hitting or driving a golf ball;
U. Climb upon any wall, fence, shelter, seat, statue, building, structure, construction or erection; V. Bring, land or cause to descend or alight any airplane, airship, flying machine, dirigible, balloon, parachute or other instrumentality, or machine, or apparatus for aviation.
SECTION 5. 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 a ffect 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 NO. ____
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 6. 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 th e 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 7. 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 _______ 2025, by the following called vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
I, Adria M. Jimenez, MMC, City Clerk of the City of Buena Park, California, do hereby certify that the foregoing ordinance was introduced and passed at a regular meeting of the City Council of the City of Buena Park held on the ______ day of _______, 2025.
_________________________________
City Clerk
City of Buena Park
City Council Regular Meeting Agenda Report
A. DISCUSS AND PROVIDE DIRECTION REGARDING THE DISTRICT 4 FLOOD CONTROL CHANNEL Meeting
Tuesday, February 11, 2025, 5:00 PM
Agenda Group
STUDY SESSION Item: 9A.
Presented By
Analisa Marquez Pinedo, Homeless Outreach Coordinator
Prepared By
Jim Box, Director of Community Services
Approved By
Aaron France, City Manager
Presented By
Analisa Marquez Pinedo, Homeless Outreach Coordinator
DISCUSSION
At the request of Council Member Hoque, this item is being brought forward for further discussion.
Introduction/Background:
Flood control channels have long been used as makeshift shelter areas by transient populations, particularly in urban regions where homelessness is a persistent issue. These channels, originally designed to manage storm water and prevent flooding, often become refuge points. The City of Buena Park's storm drain system includes both regional channels managed by the Orange County Flood Control District (OCFCD) and local drainage facilities maintained by the City. In total, there are 6.5 miles of flood control channels. The main flood control channels in Buena Park include:
Coyote Creek Channel (A01): A major tributary of the San Gabriel River, with tributaries such as Brea Creek, Fullerton Creek, Moody Creek, and Carbon Creek.
Fullerton Creek Channel (A03): Drains approximately 10,000 acres, including parts of Buena Park, and is tributary to Coyote Creek.
Buena Park Storm Drain (A03S01): Confluences with Fullerton Creek within the city limits.
Carbon Creek Channel (B01): Drains approximately 20 square miles in northwest Orange County, passing through Buena Park.
Moody Creek (B02): Another flood control facility within the City.
Unhoused individuals often seek out these flood channels for several reasons: They provide a discreet way to travel while staying out of sight, and encampments are more difficult to spot beneath the channels. As a result, many tend to congregate there, allowing them to camp with less visibility to the public.
Challenges at the District 4 Flood Control Channel:
This report focuses on the District 4 Flood Control Channel, which runs along the southern edge of John Beat Park.
The channel also runs behind residential neighborhoods and apartment complexes, adding challenges to its management and security. Spanning across three cities - Cypress, Buena Park, and Anaheim - the flood control structure has four primary access points:
One entrance along Holder Street to the north.
Two entrances via the "Pacific Electric Railway" rail track Right-of-Way (R/W) which has free access off of both Holder St. and Ball Rd.
One additional entrance at the intersection of Mt. Waterman and Knott Avenue.
Of these access points, the entrance at Knott Avenue and Mt. Waterman is secured with an eight-foot steel fence as well as the entrance off of Holder Street. However, the entrance to the County channel off of Holder, via the Pacific Electric Railway R/W, remains unsecured and is currently used as a public trail. This presents open access at the crossing of the channel and the railway R/W.
Due to the location of the flood control channel and its proximity to neighboring cities, the area frequently attracts transients with strong ties to Anaheim and Cypress. The ease of access via these entry points, coupled with the fact that the flood control structure spans multiple jurisdictions, exacerbates the challenge of managing and securing the space. This has resulted in recurring issues with encampments and unauthorized access, making it difficult to maintain the safety and integrity of the area.
Previous City Efforts:
A meeting was held on Tuesday, January 14, 2025, to discuss issues regarding the flood control channel. In attendance were Council Member Lamiya Hoque, Police Chief Frank Nunes, Public Works Director Mina Mikhael, Community Services Director Jim Box, Homeless Outreach Supervisor Rosemary Nielsen, and Homeless Outreach Coordinator Analisa Marquez Pinedo. Ideas for potential solutions were discussed. Some of the solutions discussed included a multi-city approach.
The City of Buena Park Homeless Outreach Team has implemented new practices and strengthened collaborations to ensure the long-term integrity of the flood channel. In October 2023, a coordinated clean-up effort was conducted by the Buena Park Police Department and Buena Park Public Works, successfully clearing the channel of debris and encampments. Following this effort, both PD and the Homeless Outreach Team have maintained a consistent presence through regular outreach and patrol checks to prevent re-encampments and ensure ongoing cleanliness.
Currently, the Homeless Outreach Team conducts inspections and outreach twice daily - once in the morning and once in the late afternoon. While evening checks are limited due to seasonal time changes and staff availability, the team remains flexible in its response efforts. Beyond engaging with individuals experiencing homelessness, the team actively communicates with residents to address their concerns and provide updates on mitigation efforts.
The Homeless Outreach Team has established direct coordination with Orange County Public Works for environmental clean-ups in Buena Park's flood channels. When encampments are identified, the team submits a service request for clean-up operations. Additionally, outreach services are provided in advance to connect individuals with available resources.
For the flood channel in question, the County contracts a third-party service to conduct routine trash collection and report any unauthorized encampments. With this structure and collaborative approach, the City has been able to respond to concerns swiftly and effectively, ensuring the ongoing safety and maintenance of the area.
Public Works staff recently conducted an on-site inspection of the flood control channel along Mt. Waterman near Knott Avenue. Previously, this section was enclosed by a six-foot chain-link fence with scattered shrubs. However, in 2024, the County completed a significant upgrade, replacing the chain-link fence with a more secure eight-foot steel fence. The newly installed steel fence provides a strong and effective barrier, ensuring the area remains secure.
While the current fencing is sufficient, an additional enhancement could involve planting vines along the steel fence. Over time, the vines would provide aesthetic improvements while also serving as a deterrent to scaling.
Conversely, the vines could limit the ability to easily see in the area and provide cover for encampments, making it more difficult to discover camping by unhoused individuals. There is also limited space to plant vines and currently no irrigation infrastructure is in place to support vegetation growth in this area. The access to the channel off of the Pacific Electric Railway R/W is believed to be the source of encroachment onto the channel. Staff plans to work with OC Flood Control to improve and add to the existing fencing that is in need of repair.
The Buena Park Police Department has been instrumental in addressing ongoing concerns in the flood channel area, particularly at Beat Park. Through a proactive approach, PD has increased patrols, strengthened collaboration with outreach teams, and closely coordinated with Public Works to ensure the integrity and safety of the area.
Key Actions Taken by Buena Park PD:
Increased Patrols & Presence: Officers have conducted frequent patrol checks in the flood channel area, maintaining a heightened law enforcement presence to deter unauthorized activity and enhance public safety.
Enhanced Collaboration with Outreach Teams: PD continues to work closely with the Homeless Outreach Team to address transient-related concerns, ensuring that individuals in need are connected with services while also preventing re-encampment.
Rapid Response to Public Concerns: Officers have responded to various incidents, including vandalism, suspicious activity, and disturbances, as reflected in the documented service calls.
Service Requests to OC Public Works: PD has actively identified and reported maintenance and security issues, ensuring swift action from OC Public Works to maintain the area's condition.
By maintaining strong collaboration with Public Works, PD ensures that environmental concerns, such as graffiti removal and other maintenance issues, are promptly addressed. These efforts reinforce the City's commitment to keeping the flood channel and surrounding areas secure, clean and accessible.
Incident Overview (Jan 2024 - Jan 2025):
The following incident data reflects law enforcement activity in the flood channel area:
Incident Type Number of Calls
Transient-Related Calls 18
Patrol Checks 8
Disruptive Subjects 4
BPMC Violations 2
Suspicious Activity 2
Other Incidents 13
Total Incidents 47
Proposed Next Steps:
Addressing the challenges associated with the flood control channel requires a multi-faceted, collaborative approach that includes enforcement, outreach, and environmental maintenance. While significant progress has been made, further action is necessary to enhance long-term solutions and ensure sustained safety, security and cleanliness in the area.
Multi-Agency Coordination Meeting:
A meeting will be scheduled with neighboring cities and relevant agencies, including Anaheim, Cypress, and Orange County Public Works, to develop a unified approach to managing flood channel concerns.
The Homeless Outreach Team will take the lead in facilitating this discussion to establish clear roles, accountability, and coordinated response efforts across jurisdictions.
Ongoing Outreach & Preventative Strategies:
The Homeless Outreach Team will continue its twice-daily outreach efforts while strengthening engagement with individuals in need.
Efforts will be made to connect unhoused individuals with sustainable resources, including housing programs, mental health services, and employment assistance, to reduce reliance on encampments.
Environmental & Maintenance Improvements:
The improvement of fencing along the channel will be coordinated with the County to better secure access to the channel.
Continued Law Enforcement Presence:
Buena Park PD will maintain increased patrol checks and work closely with outreach teams to monitor transient activity and ensure rapid response to public concerns.
PD will also continue submitting service requests to Orange County Public Works for any maintenance or security-related issues.
The City of Buena Park remains committed to ensuring the safety and security of its flood control channels through a proactive and collaborative approach. By engaging with neighboring agencies, maintaining consistent outreach efforts, strengthening security measures, and prioritizing environmental upkeep, the City aims to address this issue in a comprehensive and sustainable manner. The next phase will focus on developing long-term strategies through coordinated discussions with regional partners, ensuring ongoing accountability, and effectively managing the flood control channel.
City of Buena Park
City Council Regular Meeting Agenda Report
B. DISCUSS AND PROVIDE DIRECTION REGARDING PUBLIC TREES AND THE URBAN FOREST MANAGEMENT PLAN
Meeting
Tuesday, February 11, 2025, 5:00 PM
Agenda Group
STUDY SESSION Item: 9B.
Presented By
Joe Hunt, Public Works Manager
Prepared By
Mina Mikhael, Director of Public Works/City Engineer
Approved By
Aaron France, City Manager
Presented By
Joe Hunt, Public Works Manager
DISCUSSION
The City maintains an urban forest comprised of publicly-owned trees planted in parkways and medians and at parks and facilities. The urban forest consists of approximately 10,700 trees, a number which has remained fairly consistent over the last several years. The City has earned the designation of Tree City USA from the Arbor Day Foundation six times, most recently in 2023.
Last year, the City Council approved the Buena Park Public Tree Policy with the objective to fully realize the benefits of trees in public spaces. The policy clarifies tree selection, maintenance, and conditions for removal. Although the City makes its best efforts to increase the number of public trees, there are still a significant number of vacant spots on parkways that could potentially support a tree. Reasons for a spot to be vacant may include, but are not limited to: utility conflicts, hardscape conflicts, maintaining line of sight, inadequate irrigation or landscape maintenance, disease, or lack of desire for a tree from the adjacent property owner. Parkway trees are trimmed by the City every few years but watering, cleaning up leaves and droppings, and other routine maintenance is the responsibility of the adjacent property owner.
The Climate Action Commission worked with staff to put together the attached brochure "The Benefits of Trees," which is available at City facilities and on the City's website. When targeting an area for new tree planting, staff will distribute the brochure along with the attached letter informing residents that the City will be planting a tree in their parkway.
Staff recently planted over 48 trees earlier this month while re-landscaping a frontage road median on Valley View Street north of Crescent Avenue. Throughout the year, staff does take opportunities to add trees to tree-deficient areas. On average, the City plants approximately 250 trees annually. The City also hosts an annual Arbor Day celebration during which volunteers help staff beautify a different spot of the City by planting public trees.
Given this item was requested by Council Member Hoque, staff was asked to specifically identify locations in District 4 where trees could potentially be planted. Staff has identified tree-deficient areas in the southern parts of the City and plans to target these areas with tree planting activities in 2025. These areas include the Cerritos Avenue frontage road from Carlotta Avenue to Lorinda Avenue, Marcella Way, Holder Street, Carlotta Avenue, Knott Avenue, and others.
The approved parkway tree list was updated in 2024 and includes:
Camphor Tree
Brisbane Box Tree
Arabian Lilac Tree
Gold Medallion Tree
White Crape Myrtle
Evergreen Pear Tree
Marina Strawberry Tree
Glossy Privet Tree
Compact Southern Magnolia Tree
Chinese Pistache Tree
Japanese Pagoda Tree
Purple Orchid Tree
Silver Maple Tree
Sweet Bay Laurel Tree
Blue Palo Verde Tree
Desert Willow Tree
Staff will be available to answer any specific questions about the tree palate and proposed locations where tree planting appears to be viable. Obviously, staff will be ready to provide input on other locations in the City where Council may wish to explore additional trees.
Attachments
Benefits of Trees brochure.pdf
Letter - Planting a Parkway Tree.pdf
Tree Policy Final 2024.pdf
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T r e e s a r e n ' t j u s t g o o d f o r t h e a i r – t h e y ' r e g r e a t f o r m a k i n g u s f e e l h a p p y a n d h e a l t h y ! C l i ma t e G u a r d i a n s
B e n e f i t s f o r
H u ma n We l l - b e i n g
6650 Beach Boulevard P.O. Box 5009 Buena Park, CA 90622-5009 (714) 562-3670 Fax (714) 562-3677 BuenaPark.com
DEPARTMENT OF PUBLIC WORKS
February 12, 2025
Dear Resident,
Buena Park is host to an Urban Forest consisting of over 10,000 public trees planted and maintained by the City. Many of these trees are located on pieces of public property known as the parkway. The parkway is the area between the curb and the sidewalk (if there is no sidewalk it is the area between the curb and the property line). The parkway is owned by the City and maintained by the adjacent property owner, except for City -installed parkway trees which are inspected, trimmed, and maintained by the City.
In an effort to beautify the City and enhance the Urban Forest, the Public Works Department will be planting a tree on the City parkway in front of your home. The City will provide and plant the tree at no cost and perform all required future maintenanc e. The tree will be selected by City staff from the approved parkway tree list (on the back of this letter) based on the specific conditions of each particular parkway. Consideration includes parkway width, height obstructions, limb and root structure, adjacent vegetation, and general resistance to disease and insects. Prior to planting, utility companies will be marking their service lines to reduce the likelihood of damage or service disruptions.
During the first year of its life, the tree will be worki ng to establish itself and requires regular watering. Please help beautify the neighborhood, enhance property values, and aid the local environment by providing the tree with extra water during this period and regular watering afterwards.
If you have que stions or concerns regarding this letter, please contact Jeffrey Porter, Streets Maintenance Superintendent, at [email protected] or 714-562-3703.
Thank you,
Mina Mikhael, P.E.,
Director of Public Works/City Engineer
Enclosure
City of Buena Park
Approved Parkway Tree List
• Camphor Tree
• Brisbane Box Tree
• Arabian Lilac Tree
• Gold Medallion Tree
• White Crape Myrtle
• Evergreen Pear Tree
• Marina Strawberry Tree
• Glossy Privet Tree
• Compact Southern Magnolia Tree
• Chinese Pistache Tree
• Japanese Pagoda Tree
• Purple Orchid Tree
• Silver Maple Tree
• Sweet Bay Laurel Tree
• Blue Palo Verde Tree
• Desert Willow Tree