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 lim its 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.
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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 of Buena Park, City of Anaheim, 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 liabil ity arising out of work 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. 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
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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.
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 Coverage . 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, incl uding 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.
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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 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 subcontrac tor, 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 insurance 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. Indemnitifcation.
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 pe rformance 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.
B. To the full est extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected officials, employees, agents , volunteers and offic ers (“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 obligations under this provision are to be paid by Contractor as they are incurred by the City.
C. 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.
D. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to 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
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expressly waives its statutory immunity under such statutes or laws as to the 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 C ontractor pursuant to this Contract.
8. Antitrust Claims. In entering into this Contract, Contractor 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.) arising 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 and Contractor acknowledge that th e Project is a public work to which prevailing wages apply.
10. Community Workforce Agreement. The City and contractor acknowledge that the project is covered by a Community Workforce Agreement between the City and the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Local Unions (the “CWA”). Contractor agrees to abide by the terms and conditions of the CWA.
11. 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 performance 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 Contractor. 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 supersedes all prior oral or written negotiat ions, 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.
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IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
CITY OF BUENA PARK
By:
City Manager
ATTEST: APPROVED AS TO FORM:
By: By:
City Clerk City Attorney
Dated:
(“CONTRACTOR”)
By:
By:
1 AN AGREEMENT BETWEEN THE CITY OF BUENA PARK AND THE CITY OF ANAHEIM FOR THE DALE ST FROM CRESCENT AVE TO SR91 REHABILITATION PROJECT This Agreement (“AGREEMENT”) is made and entered into this 10th day of March, 2026, by and between the City of BUENA PARK, a municipal corporation (“BUENA PARK”), and the City of ANAHEIM, a municipal corporation (“ANAHEIM”), with reference to the following recitals.
RECITALS
WHEREAS, Dale Street, between Crescent Ave and State Route 91 (the “Dale Street Segment”), is located primarily in BUENA PARK with a portion located in ANAHEIM; and WHEREAS, BUENA PARK has proposed certain public improvements to the Dale Street Segment, as such improvements are described in the plans and specifications on file with BUENA PARK and dated February 4, 2026 (“IMPROVEMENT”); and
WHEREAS, the IMPROVEMENT will extend the service life of the Dale Street Segment and benefit both BUENA PARK and ANAHEIM, and it is in the public interest that construction of the IMPROV EMENT be accomplished by BUENA PARK and ANAHEIM under a cooperative agreement; and
WHEREAS, the purpose of this AGREEMENT is to provide for the allocation of responsibilities for the construction of the IMPROVEMENT.
NOW, THEREFORE, in consideration of the promises and commitments herein contained, and other good and valuable consideration, BUENA PARK and ANAHEIM agree as follows:
AGREEMENT
I. BUENA PARK agrees:
A. To prepare or cause to be prepared, all environmental documents required for the IMPROVEMENT in compliance with the California Environmental Quality Act ; plans and specifications for the construction of the IMPROVEMENT; coordinate utility relocations/adjustments, to solicit bids and award a contract as a public works project to the lowest responsible bidder; to administer the contract to complete the IMPROVEMENT, including inspection, construction engineering and requiring payment of prevailing wages, all in compliance with California law and the Buena Park Municipal Code ; and to pay such c ontractor pursuant to the construction contract.
B. To require any and all contractors performing work necessary to complete the IMPROVEMENT (“WORK”) to indemnify, defend and hold harmless BUENA PARK and ANAHEIM, and each of their elected officials, officers, agents, and employees, harmless with respect to any and all damages, claims and liabilities, including stop notices, arising out of performance of the WORK.
2 C. To require any and all contractors performing work to obtain a right of way construction permit from ANAHEIM in advance of any contractor performing WORK within ANAHEIM’s right of way.
D. In addition to any requirements of BUENA PARK, to require any and all contractors performing the WORK to obtain and maintain commercial general and automobile liability and workers compensation in surance acceptable to ANAHEIM and providing protection to ANAHEIM, its elected officials, officers, agents, and employees as additional insureds.
E. To obtain approval from ANAHEIM’s City Engineer of the final plans and specifications for construction of the IMPROVEMENT with respect to that portion located within ANAHEIM.
F. To invoice ANAHEIM for ANAHEIM ’s share of the constr uction costs incurred by BUENA PARK for the IMPROVEMENT as described herein.
G. To obtain consent from ANAHEIM’s City Engineer in advance of any contractor performing WORK within ANAHEIM’s right of way.
H. To provide ANAHEIM a pdf copy of the Record Drawings and Notice of Completion.
II. ANAHEIM agrees:
A. To designate and does hereby so designate BUENA PARK as the lead agency for the purpose of environmental compliance, designing, contracting for, and completing construction of the IMPROVEMENT.
B. To pay BUENA PARK for A NAHEIM’S share of the actual costs for the WORK completed within the boun daries of ANAHEIM based upon unit prices bid and quantities actually used within ANAHEIM . The approximate area of IMPROVEMENT wit hin the boundaries of ANAHEIM is 13,500 square feet of asphalt concrete surface course Type lll C3-PG 70-10. The estimated not-to-exceed construction cost is $56,000, plus a 10% contingency of $5,600, for a total authorized amount of $61,600 . ANAHEIM will be responsible for actual bid unit prices and completed quantities of the WORK completed in ANAHEIM’s right of way. Following acceptance of the WORK as complete by ANAHEIM and no later than thirty (30) days after receiving an invoice from BUENA PARK, ANAHEIM shall pay BUENA PARK an amount equal to 100% of the cost of the WORK performed within ANAHEIM’s boundaries.
III. IT IS MUTUALLY AGREED:
A. During construction BUENA PARK shall furnish a resident engineer to perform the usual functions of a resident engineer on a public works project . ANAHEIM , as secondary agent, may, but is not obligated to, furnish its own respective resid ent engineer. BUENA PARK shall process any contract change orders (CCOs) that are necessary for construction of the Project. If CCOs are needed within ANAHEIM right of way, ANAHEIM shall review and approve such CCOs and provide a Project
3 liaison during construction to coordinate CCO approvals . ANAHEIM shall provide concurrence on CCOs within five (5) business days of BUENA PARK’S submittal to ANAHEIM. If ANAHEIM fails to concur with or propose changes to CCO within such time such CCO shall be deemed approved
B. BUENA PARK and ANAHEIM shall cooperate in good faith and to the fullest extent reasonably possible in successfully completing the WORK described in this AGREEMENT.
C. BUENA PARK shall provide an itemized invoice for WORK satisfactorily completed reflecting all costs and WORK performed within ANAHEIM’s right of way. Payment of the ANAHEIM portion of the costs shall be due within sixty (60) days from the date of receipt of the invoice from BUENA PARK, or ANAHEIM’s acceptance of the IMPROVEMENT as complete, whichever last occurs.
D. Party Representative: The persons responsible for administration of this AGREEMENT on behalf of each respective party and to whom n otices permitted or required to be provided pursuant to this Agreement , are as follows :
BUENA PARK: Mina Mikhael, P.E., Director of Public Works/City Engineer
ANAHEIM: Rudy Emami, Director of Public Works
E. This AGREEMENT shall be effective upon mutual execution. The term of this AGREEMENT shall continue until the WORK is finally accepted by both parties and the time within which any stop notice may be filed has expired, unless sooner terminated by either party hereto by serving on the other party a thirty (30) day written notice of such termination . In the event of termination without cause by ANAHEIM, ANAHEIM shall reimburse BUENA PARK for all out of pocket expenses incurred by BUENA PARK on behalf of ANAHEIM up to the date of termination, but not to exceed ANAHEIM ’s portion set forth in Section II.B, above. In the event of termination without cause by BUENA PARK prior to co mpletion of the WORK, ANAHEIM shall have no further obligation to BUENA PARK.
F. Neither BUENA PARK nor any elected official, officer or employee thereof shall be responsible for any damage or liability incurred by reason of anything done or omitted to be done by ANAHEIM under or in connection with the WORK or any work, authority or juri sdiction delegated to ANAHEIM under this AGREEMENT.
Pursuant to Governmen t Code Section 895.4, ANAHEIM shall fully indemnify , defend, and hold BUENA PARK harmless from any liability imposed for injury as defined in Section 810.8 occurring by reason of anything done or omitted to be done by ANAHEIM under or in connection with any work, authority or jurisdiction delegated to under this AGREEMENT.
Neither ANAHEIM nor any officer or employee thereof shall be responsible for any damage or liability incurred by reason of anything done or omitted to be done by BUENA PARK under or in connection with the WORK or any work, authority or jurisdiction delegat ed to BUENA PARK under this AGREEMENT. Pursuant to
4 Government Code Section 895.4, BUENA PARK shall fully indemnify, defend, and hold ANAHEIM harmless from any liability imposed for injury as defined in Section 810.8 occurring by reason of anything done or omi tted to be done by BUENA PARK under or in connection with any work, authority or j urisdiction delegated to BUENA PARK under this AGREEMENT.
G. This AGREEMENT represents the entire understanding of the parties hereto as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with regard to those matters covered by this AGREEMENT.
This AGREEMENT may not be modified, altered or amended except in writing signed by both of the parties hereto.
H. Notices permitted or required to be provided pursuant to this Agreement shall be sent to the following addresses:
ANAHEIM: BUENA PARK:
City of Anaheim City of Buena Park
Attention: Director of Public Works Attention: Director of Public Works 200 S. Anaheim Blvd. 6650 Beach Blvd.
Anaheim, California 92805 Buena Park, California 90622
By notice to the other party, either party may, change the address specified above. Service of notice or communication shall be complete, if personally served, when received at the designated address, or five (5) days after deposit of said notice or communication in the United States mail, postage prepaid, whichever occurs first.
I. The parties do not intend to create rights in, or to grant remedies to, any third party as a beneficiary to this AGREEMENT, or as a result of any duty, covenant, obligation or undertaking established herein.
[SIGNATURE PAGE FOLLOWS]
5 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT by and through their authorized officers on the date set forth below.
CITY OF BUENA PARK CITY OF ANAHEIM
A Municipal Corporation A Municipal Corporation
By: _______________________________
Mayor
ATTEST:
__________________________________
City Clerk
By: _______________________________
Mayor
ATTEST:
__________________________________
City Clerk
CITY OF BUENA PARK
_______________________________
Mina Mikhael, P.E.
Director of Public Works/City Engineer
City of BUENA PARK
APPROVED AS TO FORM:
ANAHEIM CITY ATTORNEY
________________________________ BY:________________________________ Christopher G. Cardinale, City Attorney Bryn M. Morley, Deputy City Attorney City of BUENA PARK
March 10, 2026
NEW BUSINESS
Item No. 5B.
City Council Agenda Report
RESOLUTION ACCEPTING GRANT FUNDS FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION(CALTRANS) FOR THE 2026 COMMUNITY CLEANUP AND EMPLOYMENT PATHWAY GRANT ANDAPPROVAL OF THE ASSOCIATED RESTRICTED GRANT AGREEMENT (RGA)
PREPARED BY PRESENTED BY
Lotus Thai, Sustainability Manager Lotus Thai, Sustainability Manager
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Matt Foulkes, Director of Community & Economic
Development Aaron France, City Manager
RECOMMENDED ACTION
1) Adopt a resolution accepting grant funds from the California Department of Transportation (Caltrans) for the Community Cleanup and Employment Pathway Grant in the total amount of $240,258; 2) Approve the Restricted Grant Agreement (RGA) with Caltrans for the grant; 3) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; 4) Authorize the City Manager and City Clerk to execute the RGA and other grant-related documents as necessary; and, 5) Approve a budget amendment in the amount of $240,258 for this purpose.
PREVIOUS CITY COUNCIL ACTION
None.
DISCUSSION
In October 2025, with the assistance of Townsend Public Affairs (TPA), the City applied to the California Department of Transportation (Caltrans) for the Community Cleanup and Employment Pathway Grant. The purpose of the grant is to support litter abatement and public space beautification efforts on locally-owned public right-of- way while creating workforce development opportunities for individuals facing barriers to employment. The grant application was successful and the City was awarded $240,258 to implement regular neighborhood cleanups from April 2026 through April 2027.
The City will partner with Orange County Conservation Corps (OCCC), a local nonprofit organization that provides at-risk young adults with training, employment, and educational programs through conservation-driven projects.
Additionally, the funds will be used to pay for EDCO waste hauling fees, community engagement efforts, the reincorporation of the Filmore/Jackson Owners’ Association, and two part-time Code Enforcement Officers to maintain, report, and monitor the cleanup efforts.
Although the cleanup efforts will be city-wide, the grant focuses on three disadvantaged communities that receive a disproportionate number of illegal dumping calls for service: Fillmore/Jackson, Western/Fullerton, and Kingman/Franklin. In each of these areas, “Free Declutter Days” will be hosted once a month to gather bulky items such as couches, refrigerators, and mattresses. To help maintain neighborhood cleanliness beyond the grant period, staff will provide ongoing education and outreach to residents. During “Free Declutter Days,” educational materials will be distributed highlighting EDCO’s free bulky item pickup program, and this information will continue to be shared through the reestablished Fillmore/Jackson Owners’ Association to encourage long-term proper disposal practices and reduce future illegal dumping.
The City Attorney has reviewed the attached Restricted Grant Agreement.
BUDGET IMPACT
The grant amount of $240,258 will cover costs incurred from April 2026 through April 2027 and will be on a reimbursement basis. A budget amendment of $240,300 from the City’s undesignated General Fund is needed to upfront the cost.
Attachments
Reso Accepting 20246 Caltrans Community Cleanup Grant_v2.pdf
1. RGA_12-CCEP-01_City of Buena Park Fillmore Jackson Litter Abatement & Neighborhood Revitalization ProjectUpdated 20260226.pdf RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA
PARK, CALIFORNIA, ACCEPTING GRANT FUNDS IN THE
AMOUNT $ 240,258 FROM THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION , COMMUNITY
CLEANUP AND EMPLOYMENT PATHWAY GRANT AND
DESIGNATING AND AUTHORIZING CERTAIN CITY OFFICIALS
TO EXECUTE DOCUMENTS FOR THE PURPOSE OF
ACCEPTING THE GRANT FUNDS
WHEREAS, the City of Buena Park (“City”) is interested in participating in the Community Cleanup and Employment Pathway Grant which i s an initiative under the Clean California Program and administered by the California Department of Transportation (“Caltrans") to support local efforts to support litter abatement and public space beautification in the City (the “Program”); and
WHEREAS, following the City’s submittal of a proposal for the Program, Caltrans has awarded the City a one-year Program grant beginning April 1, 2026, and ending April 30, 2027; and
WHEREAS, grant funds will be used by the City for Code Enforcement Officer salaries and equipment associated with neighborhood cleanup efforts, wages for Orange County Conservation Corp, EDCO waste hauling fees, community engagement efforts, and the reincorporation of the Fillmore/Jackson Owners’ Association; and
WHEREAS, to be considered eligible to receive grant funding, the City must submit a completed Restricted Grant Agreement to Caltrans (“RGA”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK does hereby determines, finds, and resolves as follows:
Section 1. That the foregoing recitals are true and correct and are incorporated herein by this reference.
Section 2. That the City Council hereby approves the Restricted Grant Agreement , substantially in the form submitted with this resolution, and authorizes and directs the City Manager, or their authorized designee, to execute and submit for and on behalf of the City the Restricted Grant Agreement and all associated documents, including, without limitation, agreements, amendments, extensions, and payment requests , in a form approved by the City Attorney, that are necessary and appropriate to accept the grant funds and comply with the conditions of the Program.
Section 3. The City Manager is hereby authorized and directed to establish all required accounts and make any and all expenditures, appropriations, transfers, and/or distributions of the
RESOLUTION NO. _______
grant funds on behalf of the City as are necessary and appropriate to carry out the purpose and intent of this resolution.
Section 4. This resolution shall be effective immediately upon adoption. The City Clerk shall certify to adoption of this resolution and add it to the official book of resolutions.
PASSED AND ADOPTED this 10th day of March 2026, by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
_________________________________
Mayor
ATTEST:
_______________________________
City Clerk
I, Adria M. Vicuña, 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 10 th of March 2026.
_________________________________
City Clerk
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the CITY OF BUENA PARK, hereinafter referred to as AGENCY, will commence on April 1, 2026, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS.
AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on November 1, 2027.
Recitals
1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA.
2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.
3. WHEREAS, the Clean CA Program, through its Clean CA Local Grants Program, is authorized under California Streets and Highways Code Section 91.41 to provide funding and resources to support local projects that advance the program's goals and objectives;
4. WHEREAS, California Streets and Highways Code Section 91.41 provides the legislative authority for the Clean CA Program to advance the following intent and objectives:
a. Reduce Waste and Beautify Public Spaces: The primary goal of the program is to allocate grants to local and regional public agencies, transit agencies, and tribal governments to reduce waste and debris within public rights-of-way, tribal lands, parks, pathways, transit centers, and other public spaces. The program aims to enhance, rehabilitate, restore, or install measures to beautify and improve these public spaces. b. Improve Public Health and Community Placemaking: The program seeks to enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation. By investing in the improvement of these spaces, it aims to create a positive and welcoming environment for the community. c. Promote Equity for Underserved Communities: The program places a strong emphasis on advancing equity for underserved communities.
d. Support Sustainable Practices: The program encourages the implementation of sustainable practices in the beautification and enhancement of public spaces. This includes greening efforts, such as providing shade and reducing the urban heat island effect, as well as using native, low-water plants.
e. Engage Local Communities: The program promotes community engagement by requiring project proposals to reflect community priorities. It encourages the involvement of local communities in the development and selection of projects to ensure they meet the needs and preferences of the affected population.
f. Prohibit Displacement of Persons Experiencing Homelessness: The program prohibits grants from funding projects that displace persons experiencing homelessness. This
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
reflects the intention to address public space improvements without negatively impacting vulnerable populations.
g. Transparent and Efficient Grant Allocation: The program requires the program to issue a call for projects and announce grant awards. The guidelines for allocating grants must include project selection criteria and program evaluation metrics.
5. WHEREAS, the purpose of this RGA is to authorize Caltrans districts to enter into agreements with local agencies to support the development, implementation, and funding of local agencies partnership projects that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41;
6. WHEREAS, this RGA establishes a framework for Caltrans districts to provide financial contributions and other assistance to local agencies, fostering effective collaboration and coordination to deliver successful transit partnership projects;
7. WHEREAS, this RGA emphasizes transparency, objective evaluation, and fair allocation of resources, ensuring that projects scoring higher based on established criteria receive prioritization for funding and implementation;
8. WHEREAS, the Clean CA Program facilitates collaboration between Caltrans districts and local agencies to support litter abatement and public space beautification efforts on locally owned public right-of-way while creating workforce development opportunities for individuals facing barriers to employment that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41;
9. WHEREAS, the Clean CA Program, in partnership with Caltrans districts, seeks to enhance local right-of-way areas to address waste management challenges, graffiti mitigation, and public space beautification, thereby contributing to create cleaner, safer, and more equitable public spaces throughout California;
10. WHEREAS, the Clean CA Program, established by the State of California, is a transformative initiative which promotes sustainable transportation alternatives, reducing greenhouse gas emissions, and combatting climate change to improve the overall quality of life for residents and visitors of California;
11. WHEREAS, the Clean CA Program envisions a comprehensive approach to address transportation challenges, enhance transit infrastructure, and support local agencies in their efforts to create efficient, safe, and environmentally friendly transit options;
12. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the Parties enter into this RGA to advance the purpose and intent of the Clean CA transit initiative, harnessing the legislative authority provided under California Streets and Highways Code Section 91.41, and collaborating on transit partnership projects that contribute to a sustainable, innovative, and well-connected transportation network throughout the State of California.
Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:
Section I
AGENCY Agrees:
To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) within the project budget and in accordance with the items of this RGA.
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
Section ll
CALTRANS Agrees:
That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.
Section lII
It Is Mutually Agreed:
1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41 The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Program.
2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.
3. AGENCY shall perform all the duties and obligations described in Fillmore Jackson Litter Abatement & Neighborhood Revitalization Project, hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.
4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.
5. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).
California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
6. Project funding is as follows:
Fund Title Fund Source Dollar Amount
Clean California Funds State General Fund (0001)
Budget Item 2660-130-0001
State Program Code
20.30.010.900
FY 2025/26
$240,258.00
Local Match/In Kind $0
Total Project Costs $240,258.00
For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance.
Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified
7. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General : 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.
Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.
8. Notification of Parties
a. AGENCY’s Project Manager for Project is LOTUS THAI, (714) 562-3592. b. CALTRANS’ District Partnership Liaison is ERIC CORONA, (949) 279-9092. “District Partnership Liaison” as used herein includes his/her designee. c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:
CITY OF BUENA PARK
Attention: LOTUS THAI, SUSTAINABILITY MANAGER
Phone Number: (714) 562-3592
Email: [email protected]
6650 BEACH BOULEVARD, FIRST FLOOR
BUENA PARK, CALIFORNIA, 90621
CALIFORNIA DEPARTMENT OF TRANSPORTATION, DISTRICT PARTNERSHIP LIAISON, DISTRICT 12
Attention: ERIC CORONA, BRANCH CHIEF, STRATEGIC INVESTMENT PLANNING Phone Number: (949) 279-9092
Email: [email protected]
1750 EAST FOURTH STREET
SANTA ANA, CALIFORNIA, 92705
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
9. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on April 1, 2026, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than November 1, 2027.
Project closeout and final invoicing to CALTRANS must be submitted no later than June 30, 2027. Work incurred after November 1, 2027, will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2027. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2027 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS District Partnership Liaison, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.
10. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.
11. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $240,258.00.
b. It is agreed and understood that the Clean CA funds are limited to the amount granted.
CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS District Partnership Liaison at or below that fund limitation established herein.
12. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.
AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA.
Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS.
13. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.
In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. The certification of FY 2025/26 funds will be contingent upon the passage of the FY 2023/24 Budget. Payment for any work performed that is funded by FY 2023/24 will be delayed if the FY 2023/24 Budget is not signed by June 30, 2023. Pursuant to Government Code (GC), Section 926.10, no late payment penalty shall accrue during any time period for which no Budget Act in effect. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS or offer an RGA Amendment to AGENCY to reflect reduced amount.
14. Payment and Invoicing
a. AGENCY, its contractors, subcontractors and sub-recipients, shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY. c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.
Also see website for summary of travel reimbursement rules.
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
f. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS District Partnership Liaison
g. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS District Partnership Liaison, as stated in Section III–Notification of Parties, Item 8c. h. Invoices shall include the following information:
1) Names of the AGENCY personnel performing work
2) Dates and times of Project Work
3) Locations of Project Work
4) Itemized costs as set forth in Attachment III, including identification of each employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, subrecipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
i. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.
Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 12.
j. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.
k. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until June 30, 2027, to make final allowable payments to Project contractors or vendors, and November 1, 2027, to submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor.
l. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 1, 2027.
15. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
16. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dot- media/programs/local-assistance/documents/lapm/ch05.pdf e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.
17. Americans with Disabilities Act
By signing this Agreement, AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).
18. Iran Contracting Act
AGENCY must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page- Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed Contractor
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.
19. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.
It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.
b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property.
20. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.
21. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.
22. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.
23. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by the CALTRANS District Partnership Liaison unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM can be found and the following link: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.
Copies of all agreements with sub-recipients, contractors, and subcontractors, must be submitted to the CALTRANS District Partnership Liaison. d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors.
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
e. Prior authorization in writing by the CALTRANS District Partnership Liaison shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III–Payment and Invoicing, Item 14(h)(4), above. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14c, above.
24. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.
25. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
26. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:
1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS District Partnership Liaison immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).
27. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process. b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any individuals.
d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the “Before” and “After” Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
28. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right -of- Way (“Artwork”) Created or Produced for Project
a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:
i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
29. Government Purpose Rights for Inventions
a. Inventions are a ny idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non -exclusive rights, and licenses to use, modify, reproduce, perform , release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipi ents to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, disp lay, create derivative works from, or disclose the invention(s) for any commercial purpose.
30. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA.
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.
31. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-and- community-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA.
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork. c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-of- way.
32. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, AGENCY’s indemnification obligations contained elsewhere in this Agreement, AGENCY hereby assumes all risks of the consequences of exposure of AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. AGENCY also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.
33. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if AGENCY or its subcontractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, AGENCY or its subcontractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. AGENCY shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS District Partnership Liaison.
34. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS District Partnership Liaison no later than November 1, 2027.
CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS District Partnership Liaison. c. Payments shall be forfeit if invoices are submitted after November 1, 2027.
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
35. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.
36. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.
37. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:
I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.
38. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.
39. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.
Section IV
Attachments:
The following attachments are incorporated into and are made a part of this RGA by this reference and attached hereto.
I. Clean CA Community Cleanup and Employment Pathway (CCEP) Grant Program Guidelines II. Approved Indirect Cost Rate (if applicable)
III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution
In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
AGENCY NAME
By:
Printed Name:
Title:
Date:
CALTRANS DISTRICT PARTNERSHIP LIAISON
CLEAN CALIFORNIA PROGRAM
By:
Printed Name:
Title:
Date:
CALIFORNIA DEPARTMENT OF TRANSPORTATION
CLEAN CALIFORNIA PROGRAM
By:
Printed Name:
Walter Yu
Title:
Clean California Program Director
Date:
CITY OF BUENA PARK
Agreement Number 12-CCEP-01
CGI ADV ID: 122600073
March 10, 2026
PUBLIC HEARING
Item No. 6A.
City Council Agenda Report
RESOLUTION ADOPTING FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE PEAKPARK WATER WELL PROJECT
PREPARED BY PRESENTED BY
Jason Tran, Associate Engineer Jason Tran, Associate Engineer
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Mina Mikhael, Director of Public Works/City Engineer Aaron France, City Manager
RECOMMENDED ACTION
1) Adopt a resolution for the Initial Study/Mitigated Negative Declaration for the Peak Park Water Well project.
PREVIOUS CITY COUNCIL ACTION
On September 12, 2023, City Council approved a Professional Services Agreement with Psomas in the amount of $904,756 for professional engineering design services for the Peak Park Water Well project.
DISCUSSION
The purpose of the Initial Study (IS) in pursuant to the California Environmental Quality Act (CEQA) is to provide an evaluation of potential environmental effects associated with the construction and operations of the Peak Park Water Well project. Mitigation measures are recommended and incorporated into the project as part of the IS to prevent potential significant environmental impacts. In accordance to CEQA guidelines, a Mitigated Negative Declaration (MND) is prepared to state that after incorporation of the mitigation measures, potentially significant environmental impacts would be eliminated or reduced to an insignificant level.
Upon completion of this study, staff and the consultant distributed a Notice of Intent to Adopt the IS/MND for a 30- day public review period between October 2025 and November 2025. During this time, staff received comments, which the consultant prepared responses to and incorporated into the final IS/MND.
As required by CEQA guidelines, the IS/MND will be incorporated during the construction and operation of the Peak Park Water Well project, which is anticipated to start in summer 2026 and be completed by summer 2027.
BUDGET IMPACT
There is no budget impact associated with the adoption of this resolution.
Attachments
Att 1 of 2 - Resolution Adopting ISMND for Peak Park Water Well.pdf Att 2 of 2 - Final ISMND for Peak Park Water Well.pdf
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA
PARK, CALIFORNIA, ADOPTING AN INITIAL STUDY / MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING
PROGRAM FOR THE PEAK PARK WATER WELL PROJECT
WHEREAS, the City of Buena Park (“City”) intends to undertake the construction of a public works project known as the Peak Park Water Well Project (the “Project”) to be located at 7225 El Dorado Drive within a portion of William Peak Park in the City of Buena Park, Orange County, California;
WHEREAS, the Project consists of the construction of a new water production well to supplement current groundwater resources available to the City, with a targeted operational production rate of 2,500 gpm, together with construction of a 12-inch-diameter water line along El Coco Way and El Dorado Drive, a 902-foot, 30-inch pump-to-waste drain line; and a 2,000- square-foot pump house building, as the Project is further described in the plans and specifications on file with the City;
WHEREAS, the Project is a “project” for purposes of the California Environmental Quality Act (“CEQA”), and the City has analyzed the potential environmental impacts of the Project in that certain Initial Study and Mitigated Negative Declaration for the Peak Park Water Well Project prepared by the City’s independent consultant Psomas and dated June 2025 (“MND”);
WHEREAS, the MND has been prepared and circulated for public review and comment in the manner provided by law, and the City Council has c onsidered the MND and potential environmental impacts of the Project at a duly noticed public meeting.
NOW, THEREFORE, THE BUENA PARK CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council has considered all information, evidence, public comments, and other matters submitted in connection with this matter, and based thereon makes the findings specified herein below and affirms that the foregoing recitals are true and correct and incorporated as a substantive part of this Resolution.
SECTION 2. The City Council makes the following declarations and findings of fact:
A. The MND was prepared and circulated for public review in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. It reflects the City’s, as lead agency, independent judgement and analysis and it adequately addresses and mitigates potential environmental impacts associated with the proposed Project;
B. There is no substantial evidence that the Project will have a significant effect on the environment as mitigated in accordance with the measures identified in the MND; and
C. All potentially significant environmental effects were analyzed adequately in the referenced MND, subject to the following mitigation measures being incorporated into the Project and subject to the mitigation monitoring program in the MND.
RESOLUTION NO. ____________
SECTION 3. The City Council hereby approves and adopts the MND for the Project, attached hereto as Exhibit A, and the mitigation measure and associated mitigated monitoring program that are set forth in the MND.
SECTION 4. The City Council directs the Director of Public Works, or their authorized designee, to file a notice of determination in the manner required by law providing notice of the City’s approval of the Project and adoption of the MND. The City Council further directs that all documents and materials associ ated with the Project and MND that constitute the record of proceedings on which these findings are based are located at 6650 Beach Boulevard, City of Buena Park, California, 90622, in the offices of the Public Works Department.
SECTION 5. The City Clerk shall certify to adoption of this Resolution and it shall become effective immediately.
PASSED AND ADOPTED this 10th day of March 2026, by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS
_______________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
I, Adria M. Vicuna, MMC, City Clerk, hereby certify that the foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park held this 10th day of March 2026.
_______________________________________
City Clerk
Final Initial Study/Mitigated Negative
Declaration
Peak Park Water Well Project
SCH No. 2025100619
Prepared for City of Buena Park
Public Works Department
6650 Beach Boulevard
Buena Park, California 90621
Contact: Jason Tran, P.E.
Phone: 714.562.3680
Prepared by Psomas
5 Hutton Centre Drive, Suite 300
Santa Ana, California 92707
February 2026
Table of Contents
P EAK PARK WATER WELL PROJECT i
FINAL INITIAL STUDY /MITIGATED NEGATIVE DECLARATION
TABLE OF CONTENTS
Section Page
1.0 Introduction ............................................................................................................................... 1
1.1 Public Review Process ................................................................................................ 1
1.2 Conclusion of the CEQA Process ............................................................................ 2
2.0 Response to Comments .......................................................................................................... 3
3.0 Corrections, Clarifications, and Revisions ..................................................................... 19
4.0 Mitigation Monitoring and Reporting Program .......................................................... 26
TABLES
Table Page
2-1 List of Commentors on the Draft IS/MND .................................................................................... ... 3 4-1 Peak Park Water Well Project Mitigati on Monitoring and Reporting Program ......... 27
APPENDICES
Appendix
A Updated CalEEMod Output Data
Table of Contents
ii P EAK PARK WATER WELL PROJECT
FINAL INITIAL STUDY /MITIGATED NEGATIVE DECLARATION
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P EAK PARK WATER WELL PROJECT 1
FINAL INITIAL STUDY /MITIGATED NEGATIVE DECLARATION
1.0 INTRODUCTION
Pursuant to the California Environmental Quality Act (CEQA) ( California Public Resources Code Section 21000 et. seq.) and the State CEQA Guidelines ( California Code of Regulations , Title 14, Section 15000 et. seq.), the potential environmental effects of the Peak Park Water Well Project (Project) proposed by the City of Buena Park (Cit y) were analyzed in a Draft Initial Study/Mitigated Negative Declarat ion (IS/MND), dated October 2025 (SCH No. 2025100619). The City of Buena Park is acting as the CEQA Lead Agency.
Section 15074(b) of the State CEQA Guidelines st ates that, prior to approving a project, the Lead Agency must consider a proposed IS/M ND together with any comments received on that document during the public review process. Althou gh CEQA does not require written responses to comments on an IS/MND, in Sect ion 2.0, Response to Comments, of this document, the City has provided written resp onses to all comments received during and immediately after the public review period for the Draft IS/MND.
Section 3.0, Corrections, Clarifications, and Re visions, identifies revisions to the Draft IS/MND provided to clarify, refine, and su pplement the environmenta l analysis, including revisions or clarifications to text and tables and additional explanation based on comments received during the public re view period. These revisions do not introduce significant new information, do not alter the analysis or conc lusions of the IS/MND, and do not constitute substantial new information requiring recircul ation of the IS/MND pursuant to Section 15088.5 of the State CEQA Guidelines.
Section 15074(d) of the State CEQA Guidelines states that, when adopting an IS/MND, the Lead Agency shall also adopt a program for repo rting on or monitoring the changes that it has either required in the Project or made a co ndition of approval to avoid or reduce the project’s significant environmental effects to a less than significant level. Therefore, Section
4.0, Mitigation Monitoring and Reporting Prog ram, describes the mitigation program to be implemented by the City for the Project.
1.1 PUBLIC REVIEW PROCESS
Upon completion of the Draft IS/MND, the public review was conducted in accordance with Sections 15072 and 15073 of the State CEQA Guidelines. In October 2025, a Notice of Intent to Adopt an Initial Study/Mitigated Negative Declaration (IS/MND) for the Peak Park Water Well Project (NOI) was prepared and distributed to the State Office of Land Use and Climate Innovation (LCI) (formerly known as the Of fice of Planning and Research), State Clearinghouse and Planning Unit (State Cl earinghouse/SCH); responsible and trustee agencies; organizations and interested partie s; and all parties who requested notice in accordance with CEQA.
The NOI was distributed for a 30- day public review period from October 16, 2025, through November 15, 2025. On Octobe r 16, 2025, the NOI was filed with the Orange County Clerk-Recorder. The NOI and Draft IS/MND (including technical appendices) were also made available for review online on the City’s website
Introduction
2 P EAK PARK WATER WELL PROJECT
FINAL INITIAL STUDY /MITIGATED NEGATIVE DECLARATION
(https://buenapark.com/city_departments/public_works/engineering_services/noi_- _peak_park_well.php ).
A total of two written comments were received from two agen cies during and immediately after the public review period. The City’s re sponses to comments on the Draft IS/MND are provided in Section 2.0, Response to Comments, of this document.
1.2 CONCLUSION OF THE CEQA PROCESS
The City has reviewed all comments received from two agencies to determine whether any substantial new environmental issues have been raised. Based on the evaluation in the Draft IS/MND together with the comm ents received, the City has determined that no substantial new environmental issues have been raised that have not been adequately addressed in the Draft IS/MND and/or in this Final IS/MND do cument. All potential impacts associated with the Project were found to be less than significant with incorporation of identified mitigation measures, where applicable. Therefore, the Pr oject would not result in any significant impacts and an IS/MND is the appropriate environmental document for the Project in accordance with CEQA and the State CEQA Guidelines.
The Buena Park City Council will consider the IS/MND together with the comments received during the public review process. The City Council, as the decision-making body of the Lead Agency, will adopt the proposed IS/MND and a pprove the Project only if they find, on the basis of the whole record before it, that ther e is no substantial evidence that the Project would have a significant effect on the environm ent, and that the IS/MND reflects the Lead Agency’s independent judgment and analysis.
P EAK PARK WATER WELL PROJECT 3
FINAL INITIAL STUDY /MITIGATED NEGATIVE DECLARATION
2.0 RESPONSE TO COMMENTS
As previously mentioned, the City received a total of two comments on the Draft IS/MND during and immediately after the public review period. Table 2-1, below, identifies the agencies who submitted written comments on the Draft IS/MND in chronological order.
TABLE 2-1
LIST OF COMMENTORS ON THE DRAFT IS/MND
Comment
No. Agency Date
1 South Coast Air Quality Manageme nt District November 4, 2025 2 State Water Resources Control Board, Division of Drinking Water November 10, 2025
As shown in Table 2-1, above, comments received on the Draft IS/MND have been organized by order of the date received and have been numbered sequentially. The City’s responses to all comments received on the Draft IS/MND are provided below. Bracketed comment letters are presented first, followed by the City’s response to each comment.
Response to Comments
4 P EAK PARK WATER WELL PROJECT
FINAL INITIAL STUDY /MITIGATED NEGATIVE DECLARATION
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Response to Comments
P EAK PARK WATER WELL PROJECT 5
FINAL INITIAL STUDY /MITIGATED NEGATIVE DECLARATION
Comment 1
South Coast Air Quality Management District
November 4, 2025
Response to Comments
6 P EAK PARK WATER WELL PROJECT
FINAL INITIAL STUDY /MITIGATED NEGATIVE DECLARATION
Response to Comments
P EAK PARK WATER WELL PROJECT 7
FINAL INITIAL STUDY /MITIGATED NEGATIVE DECLARATION
Response to Comments
8 P EAK PARK WATER WELL PROJECT
FINAL INITIAL STUDY /MITIGATED NEGATIVE DECLARATION
Response to Comment 1
South Coast Air Quality Management District
November 4, 2025
Response 1-1: This comment is an introductory para graph that includes a summary of the Project. No response is necessary.
Response 1-2: This comment notes that the Projec t’s proposed emergency generator and other equipment may require air permit(s) fr om the South Coast Ai r Quality Management District (SCAQMD), making SCAQMD a Responsible Agency for the Project. SCAQMD requests that the Final MND be revised to identify applic able AQMD rules, disclose all stationary and portable equipment requiring permits, evaluate associated air quality and GHG impacts, and identify SCAQMD as a Responsible Agency to ensure the CEQA document is adequate for permitting purposes.
As detailed below, the MND has been revised to specifically identify that an SCAQMD Permit to Construct would be required prior to insta llation of the Project’s emergency generator; accordingly, the MND has been revised to id entify SCAQMD as a Responsible Agency. The Project’s Air Quality and GHG modeling was up dated to reflect the installation of the emergency generator. With the additional emissions associated with the emergency generator, all impacts associated with air quality and GHG emissions would remain less than significant and no mitigation would be requir ed. The CalEEMod output associated with the updated modeling is included as Appendix A to this document.
The following revision has been made on pa ge 3-5 following Section 3.5, Discretionary Actions. New text is shown in bold and underline.
3.5 D ISCRETIONARY ACTIONS
As part of the Project, the following discretionary actions would be required:
Project Approval and Approval of the Mitigated Negative Declaration. The proposed Project and its associated MND shall be reviewed and approved by the Planning Commission.
Orange County Health Care Agency. Wate r well permit (for the new Peak Park Well).
Orange County Flood Control District (OCFCD). Encroachment permit to the local discharge to OCFCD channel/easement.
City Permits and Inspections. Conditional use permit (CUP) for utility facilities and/or structures with the Planning Division. Public Works Encroachment Permit.
South Coast Air Quality Management District (SCAQMD). SCAQMD Permits prior to installation and operation of an emergency generator for standby power. SCAQMD is therefore a Responsible Agency for the proposed Project.
Response to Comments
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The following revision has been made on page 5-11 in Section III, Air Quality. New text is shown in bold and underline.
REGULATORY REQUIREMENTS
The following RR s is are required to be implemented and has have been incorporated into the proposed Project. This These RRs will be included in the Mitigation Monitoring and Reporting Program (MMRP) for the proposed Project.
RR AQ-1 Demolition and grading for the Proj ect will be performed in compliance with South Coast Air Quality Manage ment District (SCAQMD) Rule 403, Fugitive Dust. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prev ent fugitive dust from creating a nuisance off site. Contractor compli ance with Rule 403 and Rule 402 requirements shall be mandated in the contractor’s specifications and will include the measures listed below:
Paved streets will be swept at le ast once per day where there is evidence of dirt that has been carried onto the roadway. Watering trucks will be used to mi nimize dust. Watering should be sufficient to confine dust plumes to the Project work areas. Active, disturbed areas will have water applied to them three times daily. For disturbed soil surfaces that will be left inactive for four or more days, a chemical stabilizer wi ll be applied pursuant to the manufacturer’s instructions.
For open soil storage piles that will remain on site for two or more days, water will be applied once per hour, or coverings shall be installed. All haul vehicles will be covered or will comply with the vehicle freeboard requirements of Section 23114 of the California Vehicle Code f o r b o t h p u b l i c a n d p r i v a t e r o a d s . D u r i n g h i g h w i n d c o n d i t i o n s ( i . e . , wind speeds in excess of 25 miles per hour), all earth-moving activities shall cease or water will be applied to soil not more than 15 minutes prior to disturbing such soil.
RR AQ-2 Prior to the installation an d operation of any stationary sources required SCAQMD air permits (i.e. the Project’s Emergency Generator) the City shall obtain all appropriate SCAQMD Air Permits in accordance with all SCAQMD ru les and regulations. These rules include but are not limited to Rule 201 – Permit to Construct, Rule 203 – Permit to Operate, Regulation XIII – New Source Review, Rule 1401 – New Source Review of Toxic Air Contaminants, and Rule 1470 – Requirements for Stationary Dies el-Fueled Internal Combustion and Other Compression Ignition Engines.
Response 1-3: This comment recommends revising the CEQA analysis to address SCAQMD’s comments, or provide reasons supported by substantial evidence if comments are not Response to Comments
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incorporated. SCAQMD requests written responses to all comments prior to adoption of the Final IS/MND, notification of public hearings , and consideration of all comments received during the public review process in accordance with CEQA requirements.
All comments have been addres sed in Response 1-2, above, and within the updated CalEEMod Output included as Appendix A.
Response to Comments
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Comment 2
State Water Resources Control Board
November 10, 2025
Response to Comments
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Response to Comments
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Response to Comment 2
State Water Resources Control Board
November 10, 2025
Response 2-1 : The State Water Resources Control Bo ard (SWRCB), Division of Drinking Water (DDW), notes that the Project requires a domestic water supply permit amendment for a new drinking water source and treatmen t modifications. The comment requests that Section 3.5, Discretionary Action s, of the IS/MND is updated to list this permit amendment and identify SWRCB, DDW as a Responsible Agency.
In response to this comment, the following revision has been made on page 3-5 following Section 3.5, Discretionary Actions. New text is shown as bold and underline.
3.5 D ISCRETIONARY ACTIONS
As part of the Project, the following discretionary actions would be required:
Project Approval and Approval of the Mitigated Negative Declaration. The proposed Project and its associated MND shall be reviewed and approved by the Planning Commission.
Orange County Health Care Agency. Wate r well permit (for the new Peak Park Well).
Orange County Flood Control District (OCFCD). Encroachment permit to the local discharge to OCFCD channel/easement.
City Permits and Inspections. Conditional use permit (CUP) for utility facilities and/or structures with the Planning Division. Public Works Encroachment Permit.
South Coast Air Quality Management District (SCAQMD). SCAQMD Permits prior to installation and operation of an emergency generator for standby power. SCAQMD is therefore a Responsible Agency for the proposed Project. State Water Resources Control Board (SW RCB), Division of Drinking Water (DDW). Domestic water supply permit Amendment for a new drinking water source and treatment changes.
Response 2-2 : The comment notes inconsistencies in the Draft IS/MND regarding the Project’s water supply components, including references to a new well, rehabilitation of an existing well, and pipeline installation. The comment requests that the Project description be revised for consistency throughout the document and that all defined Project components be fully analyzed as necessary. In response to this comment, the following revisions have been made on page 5-37 in Section IX, Haza rds and Hazardous Materials (third paragraph).
Deleted text is shown as strikethrough and new text is bold and underline.
Response to Comments
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f) Would the Project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact. The local Emergency Operations Plans anticipate that all major streets in the City would serve as evacuation routes, and City highways and arterial streets that connect to the I-5 freeway would serve as pote ntial evacuation routes in the event of an extraordinary emergency situation (Buena Pa rk 2021). The proposed Project involves rehabilitation of the Ci ty’s existing Well 29 the construction of a new municipal- supply water production well . Access to the site is from an existing driveway along South Flower Street. No obstruction of highwa ys or arterial streets in the City, which serve as evacuation routes, wo uld occur. No impact would result, and no mitigation is required.
Additionally, the following revision has been made on page 5-66 in Section XIX, Utilities and Service Systems (first paragraph):
Water
Development of the proposed Project would serve to enhance the City’s water supply system by improving the reliability of the City’s water supply through construction of a new municipal-supply water production well . As detailed in Section 3.2, Project Features, the Project would include also require the construction of supporting infrastructure necessary for operation and maintenance of the well, including a new 12-inch-diameter water line along El Coco Way and El Dorado Drive , a pump-to- waste drain line, and a 2,000 sf pump house building . No additional impacts related to water-related facilities are anticipated, and no mitigation is required.
Construction-related impacts associated with the proposed water facilities, including the new Peak Park Well, water line, pump-to-waste drain line, and pump house building, have been analyzed thro ughout Sections I through XX of this IS/MND. Applicable mitigation measures identified in Sections III (Air Quality), IV (Biological Resources), V (Cultural Re sources), VII (Geology and Soils), X (Hydrology and Water Quality), XIII (N oise), XVII (Transportation), and XVIII (Tribal Cultural Resources) would reduce potential impacts associated with the construction of these facilities to a le ss than significant level. No additional mitigation measures beyond those identified throughout this IS/MND are required. As such, a less than significant im pact would occur, and no mitigation is required.
Response 2-3: This comment notes that the Project’s Hydrogeological Analysis and Preliminary Design Memorandum (Appendix F to the Draft IS/MND) identifies potential groundwater quality issues th at may require treatment, an d requests that the Project description be updated to include any necessa ry treatment infrastructure and that the IS/MND be updated to analyz e potential environmental impacts associated with the treatment process. While it is difficult to predict what the flow regime of the completed well will be, it is likewise impossible to predict th e actual concentrations of the final wellblend; those concentrations can only be determined after the well is constructed, developed, and Response to Comments
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tested. It is anticipated that Title 22 constitu ents will be generally below their respective MCLs in the pumped groundwa ter. However, all potential future treatment would be confined to the defined Project site. Should required treatment be required that would expand Project operations, the Project’s di sturbance footprint, or the general daily operational characteristics defined in the IS/MND, a separate evaluation may be required to address potential impacts.
In response to this comment, the following revision has been made on page 3-3 immediately preceding Section 3.2.4, Service Road. New text is shown as bold and underline.
Additional Groundwater Treatment
It is difficult to predict what the flow regime of the completed well will be and thus it is impossible to know the actual concentrations of the final wellblend; those concentrations can only be determined af ter the well is constructed, developed, and tested. It is anticipated that Title 22 constituents will be generally below their respective MCLs in the pumped groundw ater. If future samples exceed their respective State MCLs, potential water tr eatment may include granular activated carbon filters and/or ion exchange. Water treatment, if required, would be located onsite.
Response 2-4: This comment requests that the IS/MND be updated to evaluate whether the Project would conflict with or obstruct implementation of the Sustainable Groundwater Management Plan for the Orange County Groundwater Basin under the Hydrology and Water Quality section.
In response to this comment, the following revisions have been made on page 5-38 and 5-39 in Section X, Hydrology and Water Quality. New text is shown in bold and underline.
IMPACT ANALYSIS
a) Would the Project violate any water qu ality standards or waste discharge requirements or otherwise substantia lly degrade surfac e or groundwater quality?
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Short-Term Construction-Related Water Quality Impacts
Potentially Significant Unless Mitigation Incorporated. Potential impacts of construction activities on water quality fo cus on sediments, turbidity, and pollutants associated with sediments. Construction-rel ated activities primarily responsible for sediment releases are related to exposing soils to pote ntial mobilization by rainfall, runoff, and wind. These activiti es include grading and other earth-disturbing activities.
Non-sediment-related pollutants that are also of concern during construction include waste construction materials and chemicals, liquid products, and petroleum products used in building construction or the main tenance of heavy equipment, which have the Response to Comments
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potential to create a significant impact re lated to water quality. Implementation of MM HYDRO-1, stated below, would reduce co nstruction-related impacts from implementation of the proposed Project th rough compliance with the Construction General Permit. This permit requires th e development and implementation of a Stormwater Pollution Prevention Plan (SWP PP) for the proposed Project site, which must include erosion- and sediment-control BMPs that meet or exceed measures required by the NPDES Construction General Permit, as well as BMPs that control the other potential construction-related pollu tants. An SWPPP would be developed, as required by and in compliance with, the National Pollutant Discharge Elimination System (NPDES) Construction General Permit. Erosion-control BMPs are designed to prevent erosion, whereas sediment controls are desi gned to trap sediment once it has been mobilized. The NPDES Construction General Permit requires the SWPPP to include BMPs to be selected and implemented based on the phase of construction and weather conditions.
The SWPPP would be designed and implemented to addre ss site-specific conditions related to Project construction. The SWPPP wo uld identify and describe the sources of sediment and other pollutants th at may affect the quality of storm water discharges; it would also ensure the implementation and maintenance of BMPs to reduce or eliminate sediment, pollutants adhering to sediment, and other non-sediment pollutants in storm water and non-storm water discharges.
Compliance with the NPDES Construction Ge neral Permit and the preparation of an SWPPP would ensure that any impacts to downstream waters resulting from construction activities on the Project site would be less than significant. Erosion-control and treatment-control BMPs would be implemented per NPDES requirements.
The Project site is within the Orange County Groundwater Basin. Groundwater resources in the Project area are manage d pursuant to the Basin 8-1 Alternative, which was prepared jointly by the Orange County Water District (OCWD), Irvine Ranch Water District (IRWD), and the City of La Habra (collectively referred to as the Submitting Agencies) in complian ce with the Sustainable Groundwater Management Act (SGMA).
As stated in the Basin 8-1 Alternative, the City of Buena Park is one of the four cities within OCWD boundaries that is auth orized to adopt and enforce local well construction ordinances and to manage well construction within its municipal jurisdiction. Local well construction ordi nances, including those of the City of Buena Park, are implemented consistent with State well construction standards and intended to protect groundwater qu ality pursuant to the California Water Code. Chapter 13.20, Water Wells, of th e City’s Municipal Code establishes requirements governing the construction and reconstruction of wells to prevent degradation of groundwater quality and to ensure that water produced is suitable for its intended municipal use.
The proposed well would be constructed in compliance with applicable State and local regulations and would be subject to permitting and oversight by responsible Response to Comments
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agencies, including the SWRCB. Compliance with these regulations would protect groundwater quality and ensure consistency with applicable water quality control plans.
Therefore, full compliance with applicable local, State, and federal regulations, and implementation of MM HYDRO-1, would ensure that water quality impacts associated with construction would be less than significant.
Long-Term Operational Water Quality Impacts
Development of the proposed Project involves the drilling, construction, and operation of the City’s proposed new municipal-suppl y water production well, as well as the construction of a pump house building, pert inent related site improvements, and water pumping equipment. Operation of the proposed well would be subject to basin-wide groundwater management provisions established under the Basin 8-1 Alternative and SGMA, including monitoring and mana gement programs intended to ensure long-term groundwater sustainability. Gr oundwater extraction associated with the Project would not interfere with impl ementation of the Basin 8-1 Alternative.
The proposed Project would comply with local, State, and federal water quality regulations to address post -construction water quality and ensure consistency with applicable water quality control plan, thus reducing potential long-term water quality impacts to a level considered less than significant.
Response 2-5: The comment requests that, upon comple tion of the CEQA process, the City submit the Final IS/MND, MMRP, comment letter s and responses, the resolution or board action approving the Project, and the Notice of Determination to the DDW Santa Ana District as part of the permit application.
The City acknowledges this comment and confirms that the requested items will be provided to the DDW Santa Ana District as part of the permit application for the Peak Park Well. While the comment is noted, no additional CEQA analysis is required in response to this request.
Response to Comments
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3.0 CORRECTIONS, CLARIFICATIONS, AND REVISIONS
Any revisions to the IS/MND text, tables, and exhibits generated either from responses to comments or independently by the City of Buena Park are stated in this section of the Final IS/MND. The Draft IS/MND text, tables, and figures have not been modified and published in its entirety as a single document to reflect these IS/MND modifications.
These IS/MND revisions are provided to clarify, refine, and provide supplemental information for the IS/MND. Changes may be revisions or clarifications to the text and tables of the original IS/MND. Other changes to the IS/MND clarify the analysis in the IS/MND based upon the information and concerns raised by comments during the pu blic review period.
None of the information contained in these IS/MND revisions constitutes significant new information or changes to the analysis or conclusions of the IS/MND.
The information included in these IS/MND revisions that resulted from the public comment process does not constitute substantial new in formation that requires recirculation of the IS/MND pursuant to Section 15088.5 of the State CEQA Guidelines.
The changes to the IS/MND incl uded in these modifications do not constitute “significant” new information. Therefore, re circulation of the IS/MND is not required because the new information added to the IS/MND through th ese modifications clarifies or amplifies information already provided or makes insignif icant modifications to the already adequate IS/MND.
The modifications contained in the following pages are in the same order as the information appears in the IS/MND. Deleted text is shown as strikeou t and new text is bold and underline. The applicable page numbers from the Draft IS/MND are also provided where necessary for easy reference.
The following revision has been made on pa ge 3-3 immediately preceding Section 3.2.4, Service Road:
Additional Groundwater Treatment
It is difficult to predict what the flow regime of the completed well will be and thus it is impossible to know the actual concentrations of the final wellblend; those concentrations can only be determined af ter the well is constructed, developed, and tested. It is anticipated that Title 22 constituents will be generally below their respective MCLs in the pumped groundw ater. If future samples exceed their respective State MCLs, potential water tr eatment may include granular activated carbon filters and/or ion exchange. Water treatment, if required, would be located onsite.
Corrections, Clarifications, and Revisions
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The following revision has been made on page 3-5 in Section 3.5:
3.5 D ISCRETIONARY ACTIONS
As part of the Project, the following discretionary actions would be required:
Project Approval and Approval of the Mitigated Negative Declaration . The proposed Project and its associated MND shall be reviewed and approved by the Planning Commission.
Orange County Health Care Agency. Water well permit (for the new Peak Park Well).
Orange County Flood Control District (OCFCD). Encroachment permit to the local discharge to OCFCD channel/easement.
City Permits and Inspections. Conditional use permit (CUP) for utility facilities and/or structures with the Planning Division. Public Works Encroachment Permit.
South Coast Air Quality Management District (SCAQMD). SCAQMD Permits prior to installation and operation of an emergency generator for standby power. SCAQMD is therefore a Responsible Agency for the proposed Project. State Water Resources Control Board (SW RCB), Division of Drinking Water (DDW). Domestic water supply permit Amendment for a new drinking water source and treatment changes.
The following revision has been made on page 5-11 in Section III, Air Quality:
REGULATORY REQUIREMENTS
The following RR s is are required to be implemented and has have been incorporated into the proposed Project. This These RRs will be included in the Mitigation Monitoring and Reporting Program (MMRP) for the proposed Project.
RR AQ-1 Demolition and grading for the Proj ect will be performed in compliance with South Coast Air Quality Manage ment District (SCAQMD) Rule 403, Fugitive Dust. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prev ent fugitive dust from creating a nuisance off site. Contractor compli ance with Rule 403 and Rule 402 requirements shall be mandated in the contractor’s specifications and will include the measures listed below:
Paved streets will be swept at le ast once per day where there is evidence of dirt that has been carried onto the roadway. Watering trucks will be used to mi nimize dust. Watering should be sufficient to confine dust plumes to the Project work areas. Active, disturbed areas will have water applied to them three times daily.
Corrections, Clarifications, and Revisions
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For disturbed soil surfaces that will be left inactive for four or more days, a chemical stabilizer wi ll be applied pursuant to the manufacturer’s instructions.
For open soil storage piles that will remain on site for two or more days, water will be applied once per hour, or coverings shall be installed. All haul vehicles will be covered or will comply with the vehicle freeboard requirements of Section 23114 of the California Vehicle Code f o r b o t h p u b l i c a n d p r i v a t e r o a d s . D u r i n g h i g h w i n d c o n d i t i o n s ( i . e . , wind speeds in excess of 25 miles per hour), all earth-moving activities shall cease or water will be applied to soil not more than 15 minutes prior to disturbing such soil.
RR AQ-2 Prior to the installation an d operation of any stationary sources required SCAQMD air permits (i.e. the Project’s Emergency Generator) the City shall obtain all appropriate SCAQMD Air Permits in accordance with all SCAQMD ru les and regulations. These rules include but are not limited to Rule 201 – Permit to Construct, Rule 203 – Permit to Operate, Regulation XIII – New Source Review, Rule 1401 – New Source Review of Toxic Air Contaminants, and Rule 1470 – Requirements for Stationary Dies el-Fueled Internal Combustion and Other Compression Ignition Engines.
The following revision has been made on page 5-20 in Section IV, Biological Resources:
MM BIO-1 The Project Applicant City of Buena Park shall ensure that vegetation removal shall not be conducted during the peak nesting bird/raptor season (March 15 to September 15 for nesting birds; February 1 to June 30 for nesting raptors), to the extent practica ble. If construction or vegetation removal would occur between Febr uary 1 and September 15, the City Project Applicant shall conduct a pr e-construction survey for active bird/raptor nests within three days prior to commencement of construction activities/vegetation re m o v a l . S h o u l d a n a c t i v e n e s t b e identified, restrictions may be placed on construction activities in the vicinity of the nest observed until the nest is no longer active, as determined by a qualified Biologist. Th e size of the prot ective buffer will be determined by the Biologist based on the location of the nest; the type of construction activities; the existing human activity in the vicinity of the nest; and the sensitivity of the nesting species. Once the nest is no longer active, construction can proceed in the buffer zone.
The following revision has been made on page 5-23 in Section V, Cultural Resources:
MM CULT-1 In the event that cultural (archaeo logical) resources are inadvertently unearthed during excavation activiti es, the contractor shall immediately cease all earth-disturbing activities within a 100-foot radius of the area of discovery. The Project Applicant/Developer City shall retain a qualified Corrections, Clarifications, and Revisions
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professional archaeologist, subject to approval by the City of Buena Park, to evaluate the significance of th e find and determine an appropriate course of action. If avoi dance of the resource(s) is not feasible, salvage operation requirements pursuant to Section 15064.5 of the State CEQA Guidelines shall be followed. After the find has been appropriately avoided or mitigated, work in the area may resume.
The following revision has been made on page 5-30 in Section VII, Geology and Soils:
MM GEO-2 Prior to the issuance of an y grading permit, the Project Applicant/Developer shall provide writ ten evidence to the City of Buena Park that an City of Buena Park shall retain an Orange County-certified Paleontologist has been retained to observe grading activities and to salvage and catalog fossils as nece ssary. The Paleontologist shall be present at the pre-grade conference; shall establish procedures for paleontological resource surveillance; and shall establish, in cooperation with the City Project Applicant/Developer, procedures for temporarily halting or redirecting work to pe rmit sampling, identification, and evaluation of the fossils. If the pale ontological resources are found to be significant, the Paleontologist shall determine appropriate actions to ensure proper exploration and/or salvage.
Upon completion of grad ing and excavation activi ties, the paleontologist shall submit a monitoring report to the City. The report shall include the period of inspection; a catalog and an alysis of the foss ils found; and the present repository of the fossils.
The City Project Applicant/Developer sh all be responsible for making arrangements for the preparation of excavated material to the point of identification. In addition, the Proj ect Applicant/Developer shall offer excavated finds for curatorial purposes to the City of Buena Park on a first refusal basis. The City Project Applicant/Developer shall also be responsible for paying curatorial f ees. These actions, as well as final mitigation and disposition of the resources, shall be subject to approval by the City.
The following revision has been made on pa ge 5-37 in Section IX, Hazards and Hazardous Materials (third paragraph):
f) Would the Project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact. The local Emergency Operations Plans anticipate that all major streets in the City would serve as evacuation routes, and City highways and arterial streets that connect to the I-5 freeway would serve as potential evacuation routes in the event of an extraordinary emergency situation (B uena Park 2021). The proposed Project involves rehabilitation of the City’s existing Well 29 the construction of a new Corrections, Clarifications, and Revisions
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municipal-supply water production well . Access to the site is from an existing driveway along South Flower Street. No obstruction of highways or arterial streets in the City, which serve as evacuation routes, would occur. No impact would result, and no mitigation is required.
The following revisions have been made on page 5-38 and 5-39 in Section X, Hydrology and Water Quality:
IMPACT ANALYSIS
b) Would the Project violate any water qu ality standards or waste discharge requirements or otherwise substantia lly degrade surfac e or groundwater quality?
f) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Short-Term Construction-Related Water Quality Impacts
Potentially Significant Unless Mitigation Incorporated. Potential impacts of construction activities on water quality fo cus on sediments, turbidity, and pollutants associated with sediments. Construction-rel ated activities primarily responsible for sediment releases are related to exposing soils to pote ntial mobilization by rainfall, runoff, and wind. These activiti es include grading and other earth-disturbing activities.
Non-sediment-related pollutants that are also of concern during construction include waste construction materials and chemicals, liquid products, and petroleum products used in building construction or the main tenance of heavy equipment, which have the potential to create a significant impact re lated to water quality. Implementation of MM HYDRO-1, stated below, would reduce co nstruction-related impacts from implementation of the proposed Project th rough compliance with the Construction General Permit. This permit requires th e development and implementation of a Stormwater Pollution Prevention Plan (SWP PP) for the proposed Project site, which must include erosion- and sediment-control BMPs that meet or exceed measures required by the NPDES Construction General Permit, as well as BMPs that control the other potential construction-related pollu tants. An SWPPP would be developed, as required by and in compliance with, the National Pollutant Discharge Elimination System (NPDES) Construction General Permit. Erosion-control BMPs are designed to prevent erosion, whereas sediment controls are desi gned to trap sediment once it has been mobilized. The NPDES Construction General Permit requires the SWPPP to include BMPs to be selected and implemented based on the phase of construction and weather conditions.
The SWPPP would be designed and implemented to addre ss site-specific conditions related to Project construction. The SWPPP wo uld identify and describe the sources of sediment and other pollutants th at may affect the quality of storm water discharges; it would also ensure the implementation and maintenance of BMPs to reduce or eliminate sediment, pollutants adhering to sediment, and other non-sediment pollutants in storm water and non-storm water discharges.
Corrections, Clarifications, and Revisions
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Compliance with the NPDES Construction Ge neral Permit and the preparation of an SWPPP would ensure that any impacts to downstream waters resulting from construction activities on the Project site would be less than significant. Erosion-control and treatment-control BMPs would be implemented per NPDES requirements.
The Project site is within the Orange County Groundwater Basin. Groundwater resources in the Project area are manage d pursuant to the Basin 8-1 Alternative, which was prepared jointly by the Orange County Water District (OCWD), Irvine Ranch Water District (IRWD), and the City of La Habra (collectively referred to as the Submitting Agencies) in complian ce with the Sustainable Groundwater Management Act (SGMA).
As stated in the Basin 8-1 Alternative, the City of Buena Park is one of the four cities within OCWD boundaries that is auth orized to adopt and enforce local well construction ordinances and to manage well construction within its municipal jurisdiction. Local well construction ordi nances, including those of the City of Buena Park, are implemented consistent with State well construction standards and intended to protect groundwater qu ality pursuant to the California Water Code. Chapter 13.20, Water Wells, of th e City’s Municipal Code establishes requirements governing the construction and reconstruction of wells to prevent degradation of groundwater quality and to ensure that water produced is suitable for its intended municipal use.
The proposed well would be constructed in compliance with applicable State and local regulations and would be subject to permitting and oversight by responsible agencies, including the SWRCB. Compliance with these regulations would protect groundwater quality and ensure consistency with applicable water quality control plans.
Therefore, full compliance with applicable local, State, and federal regulations, and implementation of MM HYDRO-1, would ensure that water quality impacts associated with construction would be less than significant.
Long-Term Operational Water Quality Impacts
Development of the proposed Project involves the drilling, construction, and operation of the City’s proposed new municipal-suppl y water production well, as well as the construction of a pump house building, pert inent related site improvements, and water pumping equipment. Operation of the proposed well would be subject to basin-wide groundwater management provisions established under the Basin 8-1 Alternative and SGMA, including monitoring and mana gement programs intended to ensure long-term groundwater sustainability. Gr oundwater extraction associated with the Project would not interfere with impl ementation of the Basin 8-1 Alternative.
The proposed Project would comply with local, State, and federal water quality regulations to address post -construction water quality and ensure consistency with applicable water quality control plan, thus reducing potential long-term water quality impacts to a level considered less than significant.
Corrections, Clarifications, and Revisions
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The following revision has been made on page 5-57 in Section XIII, Noise:
MM NOI-1 The City Applicant shall equip all internal combustion engines with critical silencers (mufflers).
MM NOI-2 The City Applicant shall shield noise-pr oducing equipment from nearest areas of human occupancy by locating the equipment in such positions as to direct the greatest noise emissions away from such areas.
The following revision has been made on page 5-66 in Section XIX, Utilities and Service Systems (first paragraph):
Water
Development of the proposed Project would serve to enhance the City’s water supply system by improving the reliability of the City’s water supply through construction of a new municipal-supply water production well . As detailed in Section 3.2, Project Features, the Project would include also require the construction of supporting infrastructure necessary for operation and maintenance of the well, including a new 12-inch-diameter water line along El Coco Way and El Dorado Drive, a pump-to-waste drain line, and a 2,000 sf pump house building . No additional impacts related to water-rela ted facilities are anticipated, and no mitigation is required.
Construction-related impacts associated with the proposed water facilities, including the new Peak Park Well, wate r line, pump-to-waste drain line, and pump house building, have been analyzed throughout Sections I through XX of this IS/MND. Applicable mitigation meas ures identified in Sections III (Air Quality), IV (Biological Resources), V (Cultural Resources), VII (Geology and Soils), X (Hydrology and Water Quality), XIII (Noise), XVII (Transportation), and XVIII (Tribal Cultural Resources) would reduce potential impacts associated with the construction of these facilities to a less than significant level. No additional mitigation measures beyond those identified throughout this IS/MND are required. As such, a less than significant impact would occur, and no mitigation is required.
P EAK PARK WATER WELL PROJECT 26
FINAL INITIAL STUDY /MITIGATED NEGATIVE DECLARATION
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Section 21081.6 of the California Public Resources Code and Section 15097 of the State CEQA Guidelines require a public agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) for ensuring th e implementation of required miti g a t i o n m e a s u r e s t o r e d u c e o r avoid significant environmental effects as iden tified in the IS/MND. The specific reporting and/or monitoring requirements that will be enforced during Project implementation shall be adopted simultaneously with Project approval by City Council in its capacity as the Lead Agency for the IS/MND.
The MMRP for the Project, presen ted in Table 4-1, consists of Mitigation Measures (MMs) and Regulatory Requirements (RRs) identified in the IS/MND that are required for Project implementation. The MMs for the Project are list ed in the first column, the timing of each mitigation measure’s implementation is in the second column, the party(ies) responsible for implementing all or a part of the mitigation is in the third column, and the party with primary responsibility for monitoring and enforcing compliance is in the fourth column (i.e., the Lead Agency).
Mitigation Monitoring and Reporting Program
PEAK PARK WATER WELL PROJECT 27
FINAL INITIAL STUDY /MITIGATED NEGATIVE DECLARATION
TABLE 4-1
PEAK PARK WATER WELL PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure (MM) / Regulatory Requirement (RR) Timing Implementation Responsibility Enforcement Responsibility Air Quality
RR AQ-1
Demolition and grading for the Project will be performed in compliance with South Coast Air Quality Management District (SCAQMD ) Rule 403, Fugitive Dust. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust fro m creating a nuisance off site. Contractor co mpliance with Rule 403 and Rule 402 requirements shall be mandated in the contractor’s specific ations and will include the measures listed below:
• Paved streets will be swept at least once per day where there is evidence of dirt that has been carried onto the roadway. • Watering trucks will be used to minimize dust. Watering should be sufficient to confine dust plumes to the Project work areas. Active, disturbed areas will have water applied to them three times daily. • For disturbed soil surfaces that will be left inactive for four or more days, a chemical stabilizer will be applied pursuant to the manufacturer’s instructions.
• For open soil storage piles that will remain on site for two or more days, water will be applied once per hour, or coverings shall be installed. • All haul vehicles will be covered or will co mply with the vehicle freeboard requiremen ts of Section 23114 of the California Veh icle Code for both public and private roads. During high wind conditions (i.e., wind speeds in excess of 25 miles per hour), all earth moving activities shall cease or water will be applied to soil not more than 15 minutes prior to disturbing such soil.
During demolition and
grading activities
City of Buena Park Public Works
Department
Construction Contractor
City of Buena Park Public Works
Department
RR AQ-2
Prior to the installation and operation of any stationary sources required SCAQMD air permits (i.e. the Project’s Emergency Gen erator) the City shall obtain all appropriate SCAQMD Air Perm its in accordance with all SCAQMD rules and regulations. These rules include but ar e not limited to Rule 201 – Permit to Construct, Rule 203 – Permit to Operate, Regulation XIII – New Source Revi ew, Rule 1401 – New Source Revie w of Toxic Air Contaminants, and Rule 1470 – Requirements for Stationary Diesel-Fueled Internal Combustion and Other Compression Ignition Engines.
Prior to the installation and
operation of any stationary
sources
City of Buena Park Public Works
Department
City of Buena Park Public Works
Department
Biological Resources
MM BIO-1
The City of Buena Park shall ensure that vegetation removal sha ll not be conducted during the peak nesting bird/raptor season ( March 15 to September 15 for nesting birds; February 1 to June 30 for nesting raptors), to the extent practicable. If construction or veget ation removal would occur between February 1 and September 15, the City shall conduct a pre-construction survey for active bird/raptor nests within three days prior to commencement of construction activities/vegetation removal. Should an active nest be identified, restrictions may be placed on construction activities in the vicinity of the nest observed until the nest is no longer active, as determined by a qualified Biologist. The size of the protective buffer will be determined by the Biologist based on the location of the nest; the type of construction activities; the existing human activity in the vicinity of the nest; and the sensitivity of the nesting species. Once the nest is no longer active, construction can proceed in the buffer zone.
Prior to initiation of
construction activities
At least three days prior to
commencement of
construction activities/
vegetation removal
During construction
activities if active nest(s) are
present
City of Buena Park Public Works
Department
City of Buena Park Public Works
Department
Cultural Resources
RR CULT-1
In the event that human remains are unearthed during excavation and grading activities of any future Project, all activity shall cease immediately.
Pursuant to California Health and Safety Code Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to California Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the Coroner shall, within 24 hours, notify the NAHC. The NAHC shall then contac t the most likely descendant o f the deceased Native American, who shall serve as consultant on how to proceed with the remains.
During excavation and
grading activities if human
remains are unearthed
City of Buena Park Public Works
Department
Construction Contractor
City of Buena Park Community
Development Department
MM CULT-1
In the event that cultural (archaeological) resources are inadve rtently unearthed during excavation activities, the contractor shall immediately cease all earth-disturbing activities within a 100-foot radius of the area of discovery. The City shall retain a qualified professional archaeologist to During excavation activities
if archaeological resources
are unearthed
City of Buena Park Public Works
Department
City of Buena Park Community
Development Department
Mitigation Monitoring and Reporting Program
28 PEAK PARK WATER WELL PROJECT
FINAL INITIAL STUDY /MITIGATED NEGATIVE DECLARATION
TABLE 4-1
PEAK PARK WATER WELL PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure (MM) / Regulatory Requirement (RR) Timing Implementation Responsibility Enforcement Responsibility evaluate the significance of the find and determine an appropriate course of action. If avoidance of the resource(s) is not feasible, salvage operation requirements pursuant to Section 15064.5 of the State CEQA Guidel ines shall be followed. After the find has been appropriately avoided or mitigated, work in the area may resume.
Construction Contractor
Geology and Soils
MM GEO-1
Prior to approval of final plans and specifications for the Peak Park Water Well Project, the Engineer, or his/her designee, shall review the Project plans to confirm that all recommendations in the Geotechnical In vestigation Report for the City of Buena Park William Peak Park Well Site Investigation, Buena Park, California (dated June 7, 2024, and pr epared by GMU) and in any future geotechnical reports have bee n fully and appropriately incorporated. These recommendations shall include, but are not limited to, the following geotechnical areas:
a. Site Preparation and Remedial Grading
o General
o Clearing
o Remedial Grading
o Temporary Excavations
b. Foundation Recommendations
o Foundation Design Parameters
c. Slab Design
o Slab subgrade and Slab Design
d. Moisture Vapor Transmissions
o Slab Subgrade
o Moisture Vapor Retarder
o Water Vapor Transmission
e. Pipeline Trench Excavations
f. Shoring
g. Utility Trench Subgrade Stabilization
h. Trench Backfill Material and Placement
o General
o Pipe Zone (Bedding and Shading)
o Trench Backfill
i. Lateral Earth Pressure for Retaining Structures
j. Thrust Blocks
k. External Pipeline Loads
l. Existing Utilities
m. Pavement Structural Sections
Prior to the approval of final
Project plans and
specifications
City of Buena Park Public Works
Department
Project Engineer/Designee
City of Buena Park Public Works
Department
MM GEO-2
Prior to the issuance of any grading permit, the City of Buena Park shall retain an Orange County-certified Paleontologist to o bserve grading activities and to salvage and catalog fossils as necessary. The Paleontologist shall be present at the pre-grade conference; shall establish procedures for paleontological resource surveillance; and shall establish, in cooperation with the City, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If the paleontological resources are found to be significant, the Paleontologist shall determine appropriate actions to ensure proper exploration and/or salvage.
Upon completion of grading and excavation activities, the paleontologist shall submit a monitoring report to the City. The repo rt shall include the period of inspection; a catalog and analysis of the fossils found; and the present repository of the fossils.
The City shall be responsible for making arrangements for the preparation of excavated material to the point of identification. The City shall also be responsible for paying curatorial fees. These actions, as well as final mitigation and disposition of the resources, shall be subject to approval by the City.
Prior to issuance of any
grading permit
During pre-grade conference
During grading and
excavation activities
Upon completion of grading
and excavation activities
City of Buena Park Public Works
Department
Paleontologist
City of Buena Park Community
Development Department
Mitigation Monitoring and Reporting Program
PEAK PARK WATER WELL PROJECT 29
FINAL INITIAL STUDY /MITIGATED NEGATIVE DECLARATION
TABLE 4-1
PEAK PARK WATER WELL PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure (MM) / Regulatory Requirement (RR) Timing Implementation Responsibility Enforcement Responsibility Hydrology and Water Quality
MM HYDRO-1
Prior to initiation of construction, the City shall ensure that a Notice of Intent with the State Water Resources Control Board (SWRCB) has been filed in order to obtain coverage under the Construction General Permit. Pursuant to the permit requirements, the Construction Contractor shall develop a Storm Water Pollution Prevention Plan (SWPPP) that incorporates Best Management Practices for reducing or eliminating construction- related pollutants in the site runoff.
Prior to initiation of
construction
City of Buena Park Public Works
Department
Construction Contractor
City of Buena Park Public Works
Department
Noise
MM NOI-1
The City shall equip all internal combustion engines with critical silencers (mufflers).
Prior to commencement of
construction activities
City of Buena Park Public Works
Department
City of Buena Park Public Works
Department
MM NOI-2
The City shall shield noise-producing equipment from nearest area s of human occupancy by locating the equipment in such positions as to direct the greatest noise emissions away from such areas.
During construction
activities
City of Buena Park Public Works
Department
City of Buena Park Public Works
Department
MM NOI-3
Diesel engine acoustical enclosure of steel framed, fiberglass-filled panels shall be required for all drill rigs, compressors, and pumps. Design noise reduction shall be 20 dB(A) measured at equipment height. Where these diesel engines are not properly isolated to prevent secondary noise in the supporting structure, this secondary noise shall be mitigated (e.g., through the use of acoustical skirts for drill rig trailers).
Prior to commencement of
construction
City of Buena Park Public Works
Department
City of Buena Park Public Works
Department
MM NOI-4
High performance silencers/mufflers shall be used on all diesel engines in regular use on the drill site. Truck engines are excluded. Further, the use of air impact wrenches or similar equipment shall not be allowed.
Prior to commencement of
construction
City of Buena Park Public Works
Department
City of Buena Park Public Works
Department
Transportation
MM TRANS-1
Prior to initiation of construction, the Contractor shall submit a Traffic Control Plan to the Buena Park Public Works Departme nt for review and approval. The Traffic Control Plan shall describe in detail safe detours and provide temporary traffic control during construct ion activities for the Project. To reduce traffic congestion, the Plan shall include, as necessary, appropri ate, and practicable, the following: tempo rary traffic controls (e.g., a flag person) to maintain smooth tr affic flow; dedicated turn la nes for movement of construction trucks and equipment o n and off site; scheduling of construction activities that a ffect traffic flow on the arterial system to off-peak hours; consolidation of truck deliveries; and/or rerouting of construction trucks away from congested streets or sensitive receptors. Additionally, the Project shall provide an d maintain all necessary flag persons, barricades, delineators, signs, flashers, and any other safety equipment as set forth in the latest edi tion of the State of California, Manual of Uniform Traffic Control Devices, or as required by the City of Buena Park Public Works Department permit to ensure safe passage of pedestrian and vehicular traffic.
Prior to initiation of
construction activities
Construction Contractor(s)
City of Buena Park Public Works
Department
City of Buena Park Public Works
Department
Tribal Cultural Resources
MM TCR-1 Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities.
A. The Project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Ind ians – Kizh Nation. The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject project at all project locations (i.e., both on-site and an y off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited t o, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.
B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of a ny ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.
Prior to commencement of
any ground-disturbing
activity
Prior to issuance of any
permit necessary to
commence ground-
disturbing activity
City of Buena Park Public Works
Department
City of Buena Park Community
Development Department
Tribal Monitor
City of Buena Park Public Works
Department
City of Buena Park Community
Development Department
Mitigation Monitoring and Reporting Program
30 PEAK PARK WATER WELL PROJECT
FINAL INITIAL STUDY /MITIGATED NEGATIVE DECLARATION
TABLE 4-1
PEAK PARK WATER WELL PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure (MM) / Regulatory Requirement (RR) Timing Implementation Responsibility Enforcement Responsibility C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, th e type of construction activities performed, locations of ground-disturbing activities, soil type s, cultural-related materials, and any o ther facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical arti facts, remains, places of significance, etc., (collectively, tr ibal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project applicant/lead agency upon written request to the Tribe.
D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the Project applicant/lead agency that all ground-dis turbing activities and phases that may involve ground-disturbi ng activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs.
During ground-disturbing
activities
MM TCR-2 Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non-Ceremonial) A. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered and retain all discovered TCRs in the form and/or manner the Tri be deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes.
During construction
activities if any TCR(s) are
discovered
City of Buena Park Public Works
Department
City of Buena Park Community
Development Department
Tribal Monitor
City of Buena Park Public Works
Department
City of Buena Park Community
Development Department
MM TCR-3 Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.
B. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed.
C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).
D. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods.
E. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
During ground-disturbing
activities
City of Buena Park Public Works
Department
City of Buena Park Community
Development Department
Tribal Monitor
City of Buena Park Public Works
Department
City of Buena Park Community
Development Department
Mitigation Monitoring and Reporting Program
PEAK PARK WATER WELL PROJECT 31
FINAL INITIAL STUDY /MITIGATED NEGATIVE DECLARATION
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APPENDIX A
UPDATED CALEEMOD OUTPUT DATA
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Peak Park Water Well v5 Detailed Report
Table of Contents
1. Basic Project Information
1.1. Basic Project Information
1.2. Land Use Types
1.3. User-Selected Emission Reduction Measures by Emissions Sector
2. Emissions Summary
2.1. Construction Emissions Compared Against Thresholds
2.2. Construction Emissions by Y ear, Unmitigated
2.4. Operations Emissions Compared Against Thresholds
2.5. Operations Emissions by Sector, Unmitigated
3. Construction Emissions Details
3.1. Demolition (2024) - Unmitigated
3.3. Excavation: Pilot Hole Drilling (2024) - Unmitigated
3.5. Excavation: Pilot Hole Drilling (2025) - Unmitigated
3.7. Excavation (2025) - Unmitigated
3.9. Pump House Construction (2025) - Unmitigated
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3.11. Pump House Construction (2026) - Unmitigated
3.13. Pipeline Construction (2025) - Unmitigated
4. Operations Emissions Details
4.1. Mobile Emissions by Land Use
4.1.1. Unmitigated
4.2. Energy
4.2.1. Electricity Emissions By Land Use - Unmitigated
4.2.3. Natural Gas Emissions By Land Use - Unmitigated
4.3. Area Emissions by Source
4.3.1. Unmitigated
4.4. Water Emissions by Land Use
4.4.1. Unmitigated
4.5. Waste Emissions by Land Use
4.5.1. Unmitigated
4.6. Refrigerant Emissions by Land Use
4.6.1. Unmitigated
4.7. Offroad Emissions By Equipment Type
4.7.1. Unmitigated
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4.8. Stationary Emissions By Equipment Type
4.8.1. Unmitigated
4.9. User Defined Emissions By Equipment Type
4.9.1. Unmitigated
4.10. Soil Carbon Accumulation By Vegetation Type
4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated
4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated
4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated
5. Activity Data
5.1. Construction Schedule
5.2. Off-Road Equipment
5.2.1. Unmitigated
5.3. Construction Vehicles
5.3.1. Unmitigated
5.4. Vehicles
5.4.1. Construction Vehicle Control Strategies
5.5. Architectural Coatings
5.6. Dust Mitigation
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5.6.1. Construction Earthmoving Activities
5.6.2. Construction Earthmoving Control Strategies
5.7. Construction Paving
5.8. Construction Electricity Consumption and Emissions Factors
5.9. Operational Mobile Sources
5.9.1. Unmitigated
5.10. Operational Area Sources
5.10.1. Hearths
5.10.2. Architectural Coatings
5.10.3. Landscape Equipment
5.11. Operational Energy Consumption
5.11.1. Unmitigated
5.12. Operational Water and Wastewater Consumption
5.12.1. Unmitigated
5.13. Operational Waste Generation
5.13.1. Unmitigated
5.14. Operational Refrigeration and Air Conditioning Equipment
5.14.1. Unmitigated
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5.15. Operational Off-Road Equipment
5.15.1. Unmitigated
5.16. Stationary Sources
5.16.1. Emergency Generators and Fire Pumps
5.16.2. Process Boilers
5.17. User Defined
5.18. Vegetation
5.18.1. Land Use Change
5.18.1.1. Unmitigated
5.18.1. Biomass Cover Type
5.18.1.1. Unmitigated
5.18.2. Sequestration
5.18.2.1. Unmitigated
6. Climate Risk Detailed Report
6.1. Climate Risk Summary
6.2. Initial Climate Risk Scores
6.3. Adjusted Climate Risk Scores
6.4. Climate Risk Reduction Measures
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7. Health and Equity Details
7.1. CalEnviroScreen 4.0 Scores
7.2. Healthy Places Index Scores
7.3. Overall Health & Equity Scores
7.4. Health & Equity Measures
7.5. Evaluation Scorecard
7.6. Health & Equity Custom Measures
8. User Changes to Default Data
8.1. Justifications
8.4. Construction
8.4.1. Construction Phases
8.4.4. Dust from Material Movement
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1. Basic Project Information
1.1. Basic Project Information
Data Field Value
Project Name Peak Park Water Well v5
Construction Start Date 9/3/2024
Operational Y ear 2026
Lead Agency —
Land Use Scale Project/site
Analysis Level for Defaults County
Windspeed (m/s) 1.80000
Precipitation (days) 8.00000
Location 33.85015371399578, -118.00995399490371
County Orange
City Buena Park
Air District South Coast AQMD
Air Basin South Coast
TAZ 5881
EDFZ 7
Electric Utility Southern California Edison
Gas Utility Southern California Gas
App Version 2022.1.1.37
1.2. Land Use Types
Land Use Subtype Size Unit Lot Acreage Building Area (sq ft) Landscape Area (sq ft)
Special Landscape
Area (sq ft)
Population Description
General Light
Industry
2.09100 1000sqft 0.04800 2,091.00 0.00000 0.00000 — —
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1.3. User-Selected Emission Reduction Measures by Emissions Sector No measures selected
2. Emissions Summary
2.1. Construction Emissions Compared Against Thresholds Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Un/Mit. ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Daily, Summer
(Max)
— — — — — — — — — — —
Unmit. 1.11949 10.4483 10.6267 0.01776 0.46749 1.55535 2.02284 0.43039 0.71214 1.14252 2,128.64 Daily, Winter
(Max)
— — — — — — — — — — —
Unmit. 1.11904 10.4653 13.6413 0.01947 0.46749 1.55535 2.02284 0.43039 0.71214 1.14252 2,187.03 Average Daily
(Max)
— — — — — — — — — — —
Unmit. 0.52258 4.81762 5.27173 0.00921 0.20388 0.49282 0.69669 0.18765 0.21836 0.40601 1,080.40 Annual (Max) — — — — — — — — — — —
Unmit. 0.09537 0.87922 0.96209 0.00168 0.03721 0.08994 0.12715 0.03425 0.03985 0.07410 178.872
2.2. Construction Emissions by Y ear, Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Y ear ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Daily -
Summer
(Max)
— — — — — — — — — — —
2025 1.11949 10.4483 10.6267 0.01776 0.46749 1.55535 2.02284 0.43039 0.71214 1.14252 2,128.64 2026 0.49712 4.81962 6.95741 0.01213 0.18881 0.01441 0.20322 0.17371 0.00350 0.17721 1,331.79 Daily - Winter
(Max)
— — — — — — — — — — —
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2024 0.91799 9.05554 13.6413 0.01947 0.34658 0.18143 0.52801 0.31887 0.04165 0.36053 2,187.03 2025 1.11904 10.4653 10.5713 0.01776 0.46749 1.55535 2.02284 0.43039 0.71214 1.14252 2,122.96 2026 0.49711 4.82046 6.95117 0.01213 0.18881 0.01441 0.20322 0.17371 0.00350 0.17721 1,331.18 Average Daily — — — — — — — — — — —
2024 0.10703 1.10920 1.74653 0.00250 0.04198 0.01760 0.05958 0.03862 0.00405 0.04268 280.353 2025 0.52258 4.81762 5.27173 0.00921 0.20388 0.49282 0.69669 0.18765 0.21836 0.40601 1,080.40 2026 0.11673 1.13202 1.63273 0.00285 0.04434 0.00337 0.04771 0.04079 0.00082 0.04161 312.646 Annual — — — — — — — — — — —
2024 0.01953 0.20243 0.31874 0.00046 0.00766 0.00321 0.01087 0.00705 0.00074 0.00779 46.4157 2025 0.09537 0.87922 0.96209 0.00168 0.03721 0.08994 0.12715 0.03425 0.03985 0.07410 178.872 2026 0.02130 0.20659 0.29797 0.00052 0.00809 0.00061 0.00871 0.00744 0.00015 0.00759 51.7620
2.4. Operations Emissions Compared Against Thresholds
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Un/Mit. ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Daily, Summer
(Max)
— — — — — — — — — — —
Unmit. 0.25616 0.64394 0.80009 0.00106 0.02992 0.00000 0.02992 0.02988 0.00000 0.02988 170.163 Daily, Winter
(Max)
— — — — — — — — — — —
Unmit. 0.24123 0.64317 0.70915 0.00106 0.02976 0.00000 0.02976 0.02976 0.00000 0.02976 169.788 Average Daily
(Max)
— — — — — — — — — — —
Unmit. 0.26165 0.67697 0.80846 0.00111 0.03137 0.00000 0.03137 0.03134 0.00000 0.03134 175.282 Annual (Max) — — — — — — — — — — —
Unmit. 0.04775 0.12355 0.14754 0.00020 0.00572 0.00000 0.00572 0.00572 0.00000 0.00572 29.0200
2.5. Operations Emissions by Sector, Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Peak Park Water Well v5 Detailed Report, 1/21/2026
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Sector ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Daily, Summer
(Max)
— — — — — — — — — — —
Area 0.06499 0.00077 0.09094 0.00001 0.00016 — 0.00016 0.00012 — 0.00012 0.37532 Energy 0.00132 0.02404 0.02019 0.00014 0.00183 — 0.00183 0.00183 — 0.00183 58.1084 Water — — — — — — — — — — 8.79027
Waste — — — — — — — — — — 4.88897
Refrig. — — — — — — — — — — 0.54430
Stationary 0.18985 0.61913 0.68896 0.00091 0.02793 0.00000 0.02793 0.02793 0.00000 0.02793 97.4560 Total 0.25616 0.64394 0.80009 0.00106 0.02992 0.00000 0.02992 0.02988 0.00000 0.02988 170.163 Daily, Winter
(Max)
— — — — — — — — — — —
Area 0.05006 — — — — — — — — — —
Energy 0.00132 0.02404 0.02019 0.00014 0.00183 — 0.00183 0.00183 — 0.00183 58.1084 Water — — — — — — — — — — 8.79027
Waste — — — — — — — — — — 4.88897
Refrig. — — — — — — — — — — 0.54430
Stationary 0.18985 0.61913 0.68896 0.00091 0.02793 0.00000 0.02793 0.02793 0.00000 0.02793 97.4560 Total 0.24123 0.64317 0.70915 0.00106 0.02976 0.00000 0.02976 0.02976 0.00000 0.02976 169.788 Average Daily — — — — — — — — — — —
Area 0.06028 0.00052 0.06229 < 0.000005 0.00011 — 0.00011 0.00008 — 0.00008 0.25707 Energy 0.00132 0.02404 0.02019 0.00014 0.00183 — 0.00183 0.00183 — 0.00183 58.1084 Water — — — — — — — — — — 8.79027
Waste — — — — — — — — — — 4.88897
Refrig. — — — — — — — — — — 0.54430
Stationary 0.20005 0.65240 0.72598 0.00096 0.02943 0.00000 0.02943 0.02943 0.00000 0.02943 102.693 Total 0.26165 0.67697 0.80846 0.00111 0.03137 0.00000 0.03137 0.03134 0.00000 0.03134 175.282 Annual — — — — — — — — — — —
Area 0.01100 0.00010 0.01137 < 0.000005 0.00002 — 0.00002 0.00002 — 0.00002 0.04256 Peak Park Water Well v5 Detailed Report, 1/21/2026
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Energy 0.00024 0.00439 0.00369 0.00003 0.00033 — 0.00033 0.00033 — 0.00033 9.62050 Water — — — — — — — — — — 1.45533
Waste — — — — — — — — — — 0.80942
Refrig. — — — — — — — — — — 0.09011
Stationary 0.03651 0.11906 0.13249 0.00018 0.00537 0.00000 0.00537 0.00537 0.00000 0.00537 17.0021 Total 0.04775 0.12355 0.14754 0.00020 0.00572 0.00000 0.00572 0.00572 0.00000 0.00572 29.0200
3. Construction Emissions Details
3.1. Demolition (2024) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Onsite — — — — — — — — — — —
Daily, Summer
(Max)
— — — — — — — — — — —
Daily, Winter
(Max)
— — — — — — — — — — —
Off-Road
Equipment
0.50866 4.69064 5.78770 0.00877 0.18746 — 0.18746 0.17246 — 0.17246 855.159 Demolition — — — — — 0.01322 0.01322 — 0.00200 0.00200 — Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Average Daily — — — — — — — — — — —
Off-Road
Equipment
0.04181 0.38553 0.47570 0.00072 0.01541 — 0.01541 0.01418 — 0.01418 70.2870 Demolition — — — — — 0.00109 0.00109 — 0.00016 0.00016 — Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Annual — — — — — — — — — — —
Off-Road
Equipment
0.00763 0.07036 0.08682 0.00013 0.00281 — 0.00281 0.00259 — 0.00259 11.6368 Demolition — — — — — 0.00020 0.00020 — 0.00003 0.00003 — Peak Park Water Well v5 Detailed Report, 1/21/2026
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Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Offsite — — — — — — — — — — —
Daily, Summer
(Max)
— — — — — — — — — — —
Daily, Winter
(Max)
— — — — — — — — — — —
Worker 0.03682 0.04398 0.51842 0.00000 0.00000 0.13071 0.13071 0.00000 0.03064 0.03064 130.491 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00038 0.02430 0.01032 0.00012 0.00024 0.00483 0.00506 0.00024 0.00135 0.00159 19.8648 Average Daily — — — — — — — — — — —
Worker 0.00301 0.00360 0.04474 0.00000 0.00000 0.01069 0.01069 0.00000 0.00250 0.00250 10.8899 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00003 0.00202 0.00084 0.00001 0.00002 0.00040 0.00041 0.00002 0.00011 0.00013 1.63361 Annual — — — — — — — — — — —
Worker 0.00055 0.00066 0.00816 0.00000 0.00000 0.00195 0.00195 0.00000 0.00046 0.00046 1.80294 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00001 0.00037 0.00015 < 0.000005 < 0.000005 0.00007 0.00008 < 0.000005 0.00002 0.00002 0.27046
3.3. Excavation: Pilot Hole Drilling (2024) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Onsite — — — — — — — — — — —
Daily, Summer
(Max)
— — — — — — — — — — —
Daily, Winter
(Max)
— — — — — — — — — — —
Off-Road
Equipment
0.36293 4.28561 7.19531 0.01058 0.15889 — 0.15889 0.14618 — 0.14618 1,148.90 Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Average Daily — — — — — — — — — — —
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Off-Road
Equipment
0.06065 0.71623 1.20250 0.00177 0.02655 — 0.02655 0.02443 — 0.02443 192.007 Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Annual — — — — — — — — — — —
Off-Road
Equipment
0.01107 0.13071 0.21946 0.00032 0.00485 — 0.00485 0.00446 — 0.00446 31.7890 Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Offsite — — — — — — — — — — —
Daily, Summer
(Max)
— — — — — — — — — — —
Daily, Winter
(Max)
— — — — — — — — — — —
Worker 0.00920 0.01100 0.12960 0.00000 0.00000 0.03268 0.03268 0.00000 0.00766 0.00766 32.6227 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Average Daily — — — — — — — — — — —
Worker 0.00153 0.00183 0.02274 0.00000 0.00000 0.00543 0.00543 0.00000 0.00127 0.00127 5.53569 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Annual — — — — — — — — — — —
Worker 0.00028 0.00033 0.00415 0.00000 0.00000 0.00099 0.00099 0.00000 0.00023 0.00023 0.91650 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000
3.5. Excavation: Pilot Hole Drilling (2025) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Onsite — — — — — — — — — — —
Daily, Summer
(Max)
— — — — — — — — — — —
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Daily, Winter
(Max)
— — — — — — — — — — —
Off-Road
Equipment
0.31151 3.83118 7.13464 0.01060 0.11162 — 0.11162 0.10269 — 0.10269 1,151.39 Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Average Daily — — — — — — — — — — —
Off-Road
Equipment
0.02475 0.30439 0.56686 0.00084 0.00887 — 0.00887 0.00816 — 0.00816 91.4805 Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Annual — — — — — — — — — — —
Off-Road
Equipment
0.00452 0.05555 0.10345 0.00015 0.00162 — 0.00162 0.00149 — 0.00149 15.1456 Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Offsite — — — — — — — — — — —
Daily, Summer
(Max)
— — — — — — — — — — —
Daily, Winter
(Max)
— — — — — — — — — — —
Worker 0.00882 0.00987 0.12103 0.00000 0.00000 0.03268 0.03268 0.00000 0.00766 0.00766 31.9481 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Average Daily — — — — — — — — — — —
Worker 0.00069 0.00078 0.01005 0.00000 0.00000 0.00258 0.00258 0.00000 0.00061 0.00061 2.57681 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Annual — — — — — — — — — — —
Worker 0.00013 0.00014 0.00183 0.00000 0.00000 0.00047 0.00047 0.00000 0.00011 0.00011 0.42662 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Peak Park Water Well v5 Detailed Report, 1/21/2026
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3.7. Excavation (2025) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Onsite — — — — — — — — — — —
Daily, Summer
(Max)
— — — — — — — — — — —
Off-Road
Equipment
1.08667 10.0670 10.0496 0.01582 0.46379 — 0.46379 0.42669 — 0.42669 1,719.78 Dust From
Material
Movement
— — — — — 1.38140 1.38140 — 0.66787 0.66787 —
Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Daily, Winter
(Max)
— — — — — — — — — — —
Off-Road
Equipment
1.08667 10.0670 10.0496 0.01582 0.46379 — 0.46379 0.42669 — 0.42669 1,719.78 Dust From
Material
Movement
— — — — — 1.38140 1.38140 — 0.66787 0.66787 —
Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Average Daily — — — — — — — — — — —
Off-Road
Equipment
0.32153 2.97872 2.97357 0.00468 0.13723 — 0.13723 0.12625 — 0.12625 508.866 Dust From
Material
Movement
— — — — — 0.40874 0.40874 — 0.19762 0.19762 —
Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Annual — — — — — — — — — — —
Off-Road
Equipment
0.05868 0.54362 0.54268 0.00085 0.02504 — 0.02504 0.02304 — 0.02304 84.2486 Dust From
Material
Movement
— — — — — 0.07460 0.07460 — 0.03606 0.03606 —
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Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Offsite — — — — — — — — — — —
Daily, Summer
(Max)
— — — — — — — — — — —
Worker 0.02662 0.02604 0.41982 0.00000 0.00000 0.09803 0.09803 0.00000 0.02298 0.02298 101.027 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00620 0.35528 0.15729 0.00194 0.00370 0.07592 0.07961 0.00370 0.02129 0.02499 307.837 Daily, Winter
(Max)
— — — — — — — — — — —
Worker 0.02646 0.02960 0.36310 0.00000 0.00000 0.09803 0.09803 0.00000 0.02298 0.02298 95.8443 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00592 0.36878 0.15868 0.00194 0.00370 0.07592 0.07961 0.00370 0.02129 0.02499 307.334 Average Daily — — — — — — — — — — —
Worker 0.00773 0.00871 0.11233 0.00000 0.00000 0.02886 0.02886 0.00000 0.00676 0.00676 28.7892 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00181 0.11035 0.04671 0.00057 0.00109 0.02237 0.02347 0.00109 0.00628 0.00737 90.9948 Annual — — — — — — — — — — —
Worker 0.00141 0.00159 0.02050 0.00000 0.00000 0.00527 0.00527 0.00000 0.00123 0.00123 4.76638 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00033 0.02014 0.00852 0.00010 0.00020 0.00408 0.00428 0.00020 0.00115 0.00135 15.0652
3.9. Pump House Construction (2025) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Onsite — — — — — — — — — — —
Daily, Summer
(Max)
— — — — — — — — — — —
Daily, Winter
(Max)
— — — — — — — — — — —
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Off-Road
Equipment
0.52055 5.14001 6.93912 0.01205 0.21763 — 0.21763 0.20022 — 0.20022 1,309.24 Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Average Daily — — — — — — — — — — —
Off-Road
Equipment
0.03158 0.31182 0.42096 0.00073 0.01320 — 0.01320 0.01215 — 0.01215 79.4253 Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Annual — — — — — — — — — — —
Off-Road
Equipment
0.00576 0.05691 0.07683 0.00013 0.00241 — 0.00241 0.00222 — 0.00222 13.1498 Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Offsite — — — — — — — — — — —
Daily, Summer
(Max)
— — — — — — — — — — —
Daily, Winter
(Max)
— — — — — — — — — — —
Worker 0.00310 0.00347 0.04252 0.00000 0.00000 0.01148 0.01148 0.00000 0.00269 0.00269 11.2230 Vendor 0.00029 0.01180 0.00578 0.00008 0.00008 0.00293 0.00301 0.00008 0.00081 0.00089 11.3997 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Average Daily — — — — — — — — — — —
Worker 0.00019 0.00021 0.00270 0.00000 0.00000 0.00069 0.00069 0.00000 0.00016 0.00016 0.69117 Vendor 0.00002 0.00072 0.00035 < 0.000005 < 0.000005 0.00018 0.00018 < 0.000005 0.00005 0.00005 0.69213 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Annual — — — — — — — — — — —
Worker 0.00003 0.00004 0.00049 0.00000 0.00000 0.00013 0.00013 0.00000 0.00003 0.00003 0.11443 Vendor < 0.000005 0.00013 0.00006 < 0.000005 < 0.000005 0.00003 0.00003 < 0.000005 0.00001 0.00001 0.11459 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000
3.11. Pump House Construction (2026) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Peak Park Water Well v5 Detailed Report, 1/21/2026
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Location ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Onsite — — — — — — — — — — —
Daily, Summer
(Max)
— — — — — — — — — — —
Off-Road
Equipment
0.49393 4.80600 6.90565 0.01205 0.18874 — 0.18874 0.17364 — 0.17364 1,308.94 Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Daily, Winter
(Max)
— — — — — — — — — — —
Off-Road
Equipment
0.49393 4.80600 6.90565 0.01205 0.18874 — 0.18874 0.17364 — 0.17364 1,308.94 Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Average Daily — — — — — — — — — — —
Off-Road
Equipment
0.11599 1.12861 1.62168 0.00283 0.04432 — 0.04432 0.04078 — 0.04078 307.384 Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Annual — — — — — — — — — — —
Off-Road
Equipment
0.02117 0.20597 0.29596 0.00052 0.00809 — 0.00809 0.00744 — 0.00744 50.8909 Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Offsite — — — — — — — — — — —
Daily, Summer
(Max)
— — — — — — — — — — —
Worker 0.00296 0.00267 0.04628 0.00000 0.00000 0.01148 0.01148 0.00000 0.00269 0.00269 11.6030 Vendor 0.00023 0.01094 0.00548 0.00008 0.00008 0.00293 0.00301 0.00008 0.00081 0.00089 11.2423 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Daily, Winter
(Max)
— — — — — — — — — — —
Worker 0.00296 0.00307 0.03992 0.00000 0.00000 0.01148 0.01148 0.00000 0.00269 0.00269 11.0124 Vendor 0.00021 0.01139 0.00560 0.00008 0.00008 0.00293 0.00301 0.00008 0.00081 0.00089 11.2206 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Peak Park Water Well v5 Detailed Report, 1/21/2026
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Average Daily — — — — — — — — — — —
Worker 0.00069 0.00072 0.00975 0.00000 0.00000 0.00268 0.00268 0.00000 0.00063 0.00063 2.62486 Vendor 0.00005 0.00269 0.00130 0.00002 0.00002 0.00069 0.00070 0.00002 0.00019 0.00021 2.63690 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Annual — — — — — — — — — — —
Worker 0.00013 0.00013 0.00178 0.00000 0.00000 0.00049 0.00049 0.00000 0.00011 0.00011 0.43458 Vendor 0.00001 0.00049 0.00024 < 0.000005 < 0.000005 0.00013 0.00013 < 0.000005 0.00003 0.00004 0.43657 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000
3.13. Pipeline Construction (2025) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Onsite — — — — — — — — — — —
Daily, Summer
(Max)
— — — — — — — — — — —
Off-Road
Equipment
0.69907 6.04490 5.66186 0.01314 0.24043 — 0.24043 0.22119 — 0.22119 1,369.08 Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Daily, Winter
(Max)
— — — — — — — — — — —
Average Daily — — — — — — — — — — —
Off-Road
Equipment
0.12641 1.09305 1.02379 0.00238 0.04347 — 0.04347 0.04000 — 0.04000 247.559 Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Annual — — — — — — — — — — —
Off-Road
Equipment
0.02307 0.19948 0.18684 0.00043 0.00793 — 0.00793 0.00730 — 0.00730 40.9863 Onsite truck 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Offsite — — — — — — — — — — —
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———————————Daily, Summer
(Max)
Worker 0.04437 0.04340 0.69969 0.00000 0.00000 0.16339 0.16339 0.00000 0.03830 0.03830 168.379 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Daily, Winter
(Max)
— — — — — — — — — — —
Average Daily — — — — — — — — — — —
Worker 0.00787 0.00887 0.11441 0.00000 0.00000 0.02939 0.02939 0.00000 0.00689 0.00689 29.3223 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Annual — — — — — — — — — — —
Worker 0.00144 0.00162 0.02088 0.00000 0.00000 0.00536 0.00536 0.00000 0.00126 0.00126 4.85465 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000
4. Operations Emissions Details
4.1. Mobile Emissions by Land Use
4.1.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Daily, Summer
(Max)
— — — — — — — — — — —
Total — — — — — — — — — — —
Daily, Winter
(Max)
— — — — — — — — — — —
Total — — — — — — — — — — —
Annual — — — — — — — — — — —
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Total — — — — — — — — — — —
4.2. Energy
4.2.1. Electricity Emissions By Land Use - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Daily, Summer
(Max)
— — — — — — — — — — —
General Light
Industry
— — — — — — — — — — 29.3457
Total — — — — — — — — — — 29.3457
Daily, Winter
(Max)
— — — — — — — — — — —
General Light
Industry
— — — — — — — — — — 29.3457
Total — — — — — — — — — — 29.3457
Annual — — — — — — — — — — —
General Light
Industry
— — — — — — — — — — 4.85852
Total — — — — — — — — — — 4.85852
4.2.3. Natural Gas Emissions By Land Use - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Daily, Summer
(Max)
— — — — — — — — — — —
General Light
Industry
0.00132 0.02404 0.02019 0.00014 0.00183 — 0.00183 0.00183 — 0.00183 28.7626 Total 0.00132 0.02404 0.02019 0.00014 0.00183 — 0.00183 0.00183 — 0.00183 28.7626 Peak Park Water Well v5 Detailed Report, 1/21/2026
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———————————Daily, Winter
(Max)
General Light
Industry
0.00132 0.02404 0.02019 0.00014 0.00183 — 0.00183 0.00183 — 0.00183 28.7626 Total 0.00132 0.02404 0.02019 0.00014 0.00183 — 0.00183 0.00183 — 0.00183 28.7626 Annual — — — — — — — — — — —
General Light
Industry
0.00024 0.00439 0.00369 0.00003 0.00033 — 0.00033 0.00033 — 0.00033 4.76198 Total 0.00024 0.00439 0.00369 0.00003 0.00033 — 0.00033 0.00033 — 0.00033 4.76198
4.3. Area Emissions by Source
4.3.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Source ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Daily, Summer
(Max)
— — — — — — — — — — —
Consumer
Products
0.04475 — — — — — — — — — —
Architectural
Coatings
0.00531 — — — — — — — — — —
Landscape
Equipment
0.01493 0.00077 0.09094 0.00001 0.00016 — 0.00016 0.00012 — 0.00012 0.37532 Total 0.06499 0.00077 0.09094 0.00001 0.00016 — 0.00016 0.00012 — 0.00012 0.37532 Daily, Winter
(Max)
— — — — — — — — — — —
Consumer
Products
0.04475 — — — — — — — — — —
Architectural
Coatings
0.00531 — — — — — — — — — —
Total 0.05006 — — — — — — — — — —
Annual — — — — — — — — — — —
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Consumer
Products
0.00817 — — — — — — — — — —
Architectural
Coatings
0.00097 — — — — — — — — — —
Landscape
Equipment
0.00187 0.00010 0.01137 < 0.000005 0.00002 — 0.00002 0.00002 — 0.00002 0.04256 Total 0.01100 0.00010 0.01137 < 0.000005 0.00002 — 0.00002 0.00002 — 0.00002 0.04256
4.4. Water Emissions by Land Use
4.4.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Daily, Summer
(Max)
— — — — — — — — — — —
General Light
Industry
— — — — — — — — — — 8.79027
Total — — — — — — — — — — 8.79027
Daily, Winter
(Max)
— — — — — — — — — — —
General Light
Industry
— — — — — — — — — — 8.79027
Total — — — — — — — — — — 8.79027
Annual — — — — — — — — — — —
General Light
Industry
— — — — — — — — — — 1.45533
Total — — — — — — — — — — 1.45533
4.5. Waste Emissions by Land Use
4.5.1. Unmitigated
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Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Daily, Summer
(Max)
— — — — — — — — — — —
General Light
Industry
— — — — — — — — — — 4.88897
Total — — — — — — — — — — 4.88897
Daily, Winter
(Max)
— — — — — — — — — — —
General Light
Industry
— — — — — — — — — — 4.88897
Total — — — — — — — — — — 4.88897
Annual — — — — — — — — — — —
General Light
Industry
— — — — — — — — — — 0.80942
Total — — — — — — — — — — 0.80942
4.6. Refrigerant Emissions by Land Use
4.6.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Daily, Summer
(Max)
— — — — — — — — — — —
General Light
Industry
— — — — — — — — — — 0.54430
Total — — — — — — — — — — 0.54430
Daily, Winter
(Max)
— — — — — — — — — — —
General Light
Industry
— — — — — — — — — — 0.54430
Total — — — — — — — — — — 0.54430
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Annual — — — — — — — — — — —
General Light
Industry
— — — — — — — — — — 0.09011
Total — — — — — — — — — — 0.09011
4.7. Offroad Emissions By Equipment Type
4.7.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipment
Type
ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Daily, Summer
(Max)
— — — — — — — — — — —
Total — — — — — — — — — — —
Daily, Winter
(Max)
— — — — — — — — — — —
Total — — — — — — — — — — —
Annual — — — — — — — — — — —
Total — — — — — — — — — — —
4.8. Stationary Emissions By Equipment Type
4.8.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipment
Type
ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Daily, Summer
(Max)
— — — — — — — — — — —
Emergency
Generator
0.18985 0.61913 0.68896 0.00091 0.02793 0.00000 0.02793 0.02793 0.00000 0.02793 97.4560 Total 0.18985 0.61913 0.68896 0.00091 0.02793 0.00000 0.02793 0.02793 0.00000 0.02793 97.4560 Peak Park Water Well v5 Detailed Report, 1/21/2026
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Daily, Winter
(Max)
— — — — — — — — — — —
Emergency
Generator
0.18985 0.61913 0.68896 0.00091 0.02793 0.00000 0.02793 0.02793 0.00000 0.02793 97.4560 Total 0.18985 0.61913 0.68896 0.00091 0.02793 0.00000 0.02793 0.02793 0.00000 0.02793 97.4560 Annual — — — — — — — — — — —
Emergency
Generator
0.03651 0.11906 0.13249 0.00018 0.00537 0.00000 0.00537 0.00537 0.00000 0.00537 17.0021 Total 0.03651 0.11906 0.13249 0.00018 0.00537 0.00000 0.00537 0.00537 0.00000 0.00537 17.0021
4.9. User Defined Emissions By Equipment Type
4.9.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipment
Type
ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Daily, Summer
(Max)
— — — — — — — — — — —
Total — — — — — — — — — — —
Daily, Winter
(Max)
— — — — — — — — — — —
Total — — — — — — — — — — —
Annual — — — — — — — — — — —
Total — — — — — — — — — — —
4.10. Soil Carbon Accumulation By Vegetation Type
4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Vegetation ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Peak Park Water Well v5 Detailed Report, 1/21/2026
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———————————Daily, Summer
(Max)
Total — — — — — — — — — — —
Daily, Winter
(Max)
— — — — — — — — — — —
Total — — — — — — — — — — —
Annual — — — — — — — — — — —
Total — — — — — — — — — — —
4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Daily, Summer
(Max)
— — — — — — — — — — —
Total — — — — — — — — — — —
Daily, Winter
(Max)
— — — — — — — — — — —
Total — — — — — — — — — — —
Annual — — — — — — — — — — —
Total — — — — — — — — — — —
4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Species ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T CO2e Daily, Summer
(Max)
— — — — — — — — — — —
Avoided — — — — — — — — — — —
Subtotal — — — — — — — — — — —
Sequestered — — — — — — — — — — —
Subtotal — — — — — — — — — — —
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Removed — — — — — — — — — — —
Subtotal — — — — — — — — — — —
— — — — — — — — — — — —
Daily, Winter
(Max)
— — — — — — — — — — —
Avoided — — — — — — — — — — —
Subtotal — — — — — — — — — — —
Sequestered — — — — — — — — — — —
Subtotal — — — — — — — — — — —
Removed — — — — — — — — — — —
Subtotal — — — — — — — — — — —
— — — — — — — — — — — —
Annual — — — — — — — — — — —
Avoided — — — — — — — — — — —
Subtotal — — — — — — — — — — —
Sequestered — — — — — — — — — — —
Subtotal — — — — — — — — — — —
Removed — — — — — — — — — — —
Subtotal — — — — — — — — — — —
— — — — — — — — — — — —
5. Activity Data
5.1. Construction Schedule
Phase Name Phase Type Start Date End Date Days Per Week Work Days per Phase Phase Description Demolition Demolition 10/1/2024 11/11/2024 5.00000 30.0000 — Excavation: Pilot Hole
Drilling
Grading 11/1/2024 1/29/2025 7.00000 90.0000 —
Excavation Grading 1/30/2025 6/30/2025 5.00000 108.000 — Peak Park Water Well v5 Detailed Report, 1/21/2026
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Pump House
Construction
Building Construction 12/1/2025 4/30/2026 5.00000 109.000 — Pipeline Construction Trenching 7/1/2025 9/30/2025 5.00000 66.0000 —
5.2. Off-Road Equipment
5.2.1. Unmitigated
Phase Name Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor Demolition Concrete/Industrial
Saws
Diesel Average 1.000000 8.00000 33.0000 0.73000
Demolition Rubber Tired Dozers Diesel Average 1.000000 1.000000 367.000 0.40000 Demolition Tractors/Loaders/Back
hoes
Diesel Average 2.00000 6.00000 84.0000 0.37000
Excavation: Pilot Hole
Drilling
Bore/Drill Rigs Diesel Average 1.000000 24.0000 83.0000 0.50000 Excavation Graders Diesel Average 1.000000 6.00000 148.000 0.41000 Excavation Rubber Tired Dozers Diesel Average 1.000000 6.00000 367.000 0.40000 Excavation Tractors/Loaders/Back
hoes
Diesel Average 1.000000 7.00000 84.0000 0.37000
Pump House
Construction
Cranes Diesel Average 1.000000 4.00000 367.000 0.29000
Pump House
Construction
Forklifts Diesel Average 2.00000 6.00000 82.0000 0.20000 Pump House
Construction
Tractors/Loaders/Back
hoes
Diesel Average 2.00000 8.00000 84.0000 0.37000
Pipeline Construction Excavators Diesel Average 1.000000 8.00000 36.0000 0.38000 Pipeline Construction Cranes Diesel Average 1.000000 8.00000 367.000 0.29000 Pipeline Construction Cement and Mortar
Mixers
Diesel Average 1.000000 8.00000 10.00000 0.56000
Pipeline Construction Rollers Diesel Average 1.000000 8.00000 36.0000 0.38000 Pipeline Construction Plate Compactors Diesel Average 1.000000 8.00000 8.00000 0.43000 Peak Park Water Well v5 Detailed Report, 1/21/2026
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5.3. Construction Vehicles
5.3.1. Unmitigated
Phase Name Trip Type One-Way Trips per Day Miles per Trip Vehicle Mix Demolition Worker 10.00000 18.5000 LDA,LDT1,LDT2
Demolition Vendor — 10.2000 HHDT,MHDT
Demolition Hauling 0.26667 20.0000 HHDT
Demolition Onsite truck — — HHDT
Excavation: Pilot Hole Drilling Worker 2.50000 18.5000 LDA,LDT1,LDT2 Excavation: Pilot Hole Drilling Vendor — 10.2000 HHDT,MHDT Excavation: Pilot Hole Drilling Hauling 0.00000 20.0000 HHDT Excavation: Pilot Hole Drilling Onsite truck — — HHDT
Excavation Worker 7.50000 18.5000 LDA,LDT1,LDT2
Excavation Vendor — 10.2000 HHDT,MHDT
Excavation Hauling 4.19444 20.0000 HHDT
Excavation Onsite truck — — HHDT
Pump House Construction Worker 0.87822 18.5000 LDA,LDT1,LDT2 Pump House Construction Vendor 0.34271 10.2000 HHDT,MHDT Pump House Construction Hauling 0.00000 20.0000 HHDT
Pump House Construction Onsite truck — — HHDT
Pipeline Construction Worker 12.5000 18.5000 LDA,LDT1,LDT2 Pipeline Construction Vendor — 10.2000 HHDT,MHDT
Pipeline Construction Hauling 0.00000 20.0000 HHDT
Pipeline Construction Onsite truck — — HHDT
5.4. Vehicles
5.4.1. Construction Vehicle Control Strategies
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Non-applicable. No control strategies activated by user.
5.5. Architectural Coatings
5.6. Dust Mitigation
5.6.1. Construction Earthmoving Activities
Phase Name Material Imported (Cubic
Y ards)
Material Exported (Cubic
Y ards)
Acres Graded (acres) Material Demolished (Ton of
Debris)
Acres Paved (acres)
Demolition 0.00000 0.00000 0.00000 29.3000 0.00000
Excavation — 3,617.00 130.500 0.00000 0.00000
5.6.2. Construction Earthmoving Control Strategies
Control Strategies Applied Frequency (per day) PM10 Reduction PM2.5 Reduction Water Exposed Area 3 74% 74%
Water Demolished Area 2 36% 36%
5.7. Construction Paving
5.8. Construction Electricity Consumption and Emissions Factors kWh per Y ear and Emission Factor (lb/MWh)
Y ear kWh per Y ear CO2 CH4 N2O
2024 0.00000 348.637 0.03300 0.00400
2025 0.00000 348.637 0.03300 0.00400
2026 0.00000 346.196 0.03300 0.00400
5.9. Operational Mobile Sources
5.9.1. Unmitigated
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Land Use Type Trips/Weekday Trips/Saturday Trips/Sunday Trips/Y ear VMT/Weekday VMT/Saturday VMT/Sunday VMT/Y ear General Light
Industry
10.3714 4.16109 10.4550 3,466.09 98.1910 39.3952 98.9828 32,815.2
5.10. Operational Area Sources
5.10.1. Hearths
Land Use Hearth Type Unmitigated (number) Mitigated (number) General Light Industry Wood Fireplaces 0 0
General Light Industry Gas Fireplaces 0 0
General Light Industry Propane Fireplaces 0 0
General Light Industry Electric Fireplaces 0 0
General Light Industry No Fireplaces 0 0
General Light Industry Conventional Wood Stoves 0 0
General Light Industry Catalytic Wood Stoves 0 0
General Light Industry Non-Catalytic Wood Stoves 0 0
General Light Industry Pellet Wood Stoves 0 0
5.10.2. Architectural Coatings
Residential Interior Area Coated (sq
ft)
Residential Exterior Area Coated (sq
ft)
Non-Residential Interior Area Coated
(sq ft)
Non-Residential Exterior Area
Coated (sq ft)
Parking Area Coated (sq ft)
0.00000 0.00000 3,136.50 1,045.50 —
5.10.3. Landscape Equipment
Season Unit Value
Snow Days day/yr 0.00000
Summer Days day/yr 250.000
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5.11. Operational Energy Consumption
5.11.1. Unmitigated
Electricity (kWh/yr) and CO2 and CH4 and N2O and Natural Gas (kBTU/yr) Land Use Electricity (kWh/yr) CO2 CH4 N2O Natural Gas (kBTU/yr) General Light Industry 20,058.4 531.983 0.0330 0.0040 89,498.9
5.12. Operational Water and Wastewater Consumption
5.12.1. Unmitigated
Land Use Indoor Water (gal/year) Outdoor Water (gal/year) General Light Industry 483,544 0.00000
5.13. Operational Waste Generation
5.13.1. Unmitigated
Land Use Waste (ton/year) Cogeneration (kWh/year)
General Light Industry 2.59284 0.00000
5.14. Operational Refrigeration and Air Conditioning Equipment
5.14.1. Unmitigated
Land Use Equipment Type Refrigerant GWP Quantity (kg) Operations Leak Rate Service Leak Rate Times Serviced General Light Industry Other commercial A/C
and heat pumps
R-410A 2,088.00 0.30000 4.00000 4.00000 18.0000
5.15. Operational Off-Road Equipment
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5.15.1. Unmitigated
5.16. Stationary Sources
5.16.1. Emergency Generators and Fire Pumps
Equipment Type Fuel Type Number per Day Hours per Day Hours per Y ear Horsepower Load Factor Emergency Generator Diesel 1.000000 1.30000 500.000 89.0000 0.73000
5.16.2. Process Boilers
5.17. User Defined
5.18. Vegetation
5.18.1. Land Use Change
5.18.1.1. Unmitigated
Vegetation Land Use Type Vegetation Soil Type Initial Acres Final Acres
5.18.1. Biomass Cover Type
5.18.1.1. Unmitigated
Biomass Cover Type Initial Acres Final Acres
5.18.2. Sequestration
5.18.2.1. Unmitigated
Tree Type Number Electricity Saved (kWh/year) Natural Gas Saved (btu/year) Peak Park Water Well v5 Detailed Report, 1/21/2026
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6. Climate Risk Detailed Report
6.1. Climate Risk Summary
Cal-Adapt midcentury 2040–2059 average projections for four hazards are reported below for your project location. These are under Representation Concentration Pathway (RCP) 8.5 which assumes GHG emissions will continue to rise strongly through 2050 and then plateau around 2100.
Climate Hazard Result for Project Location Unit
Temperature and Extreme Heat 8.48000 annual days of extreme heat Extreme Precipitation 4.05000 annual days with precipitation above 20 mm Sea Level Rise — meters of inundation depth
Wildfire 0.00000 annual hectares burned
Temperature and Extreme Heat data are for grid cell in which your project are located. The projection is based on the 98th historical percentile of daily maximum/minimum temperatures from observed historical data (32 climate model ensemble from Cal-Adapt, 2040–2059 average under RCP 8.5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.
Extreme Precipitation data are for the grid cell in which your project are located. The threshold of 20 mm is equivalent to about ¾ an inch of rain, which would be light to moderate rainfall if received over a full day or heavy rain if received over a period of 2 to 4 hours. Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.
Sea Level Rise data are for the grid cell in which your project are located. The projections are from Radke et al. (2017), as reported in Cal-Adapt (Radke et al., 2017, CEC-500-2017-008), and consider inundation location and depth for the San Francisco Bay, the Sacramento-San Joaquin River Delta and California coast resulting different increments of sea level rise coupled with extreme storm events. Users may select from four scenarios to view the range in potential inundation depth for the grid cell. The four scenarios are: No rise, 0.5 meter, 1.0 meter, 1.41 meters Wildfire data are for the grid cell in which your project are located. The projections are from UC Davis, as reported in Cal-Adapt (2040–2059 average under RCP 8.5), and consider historical data of climate, vegetation, population density, and large (> 400 ha) fire history. Users may select from four model simulations to view the range in potential wildfire probabilities for the grid cell. The four simulations make different assumptions about expected rainfall and temperature are: Warmer/drier (HadGEM2-ES), Cooler/wetter (CNRM-CM5), Average conditions (CanESM2), Range of different rainfall and temperature possibilities (MIROC5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.
6.2. Initial Climate Risk Scores
Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 1 0 0 N/A
Extreme Precipitation N/A N/A N/A N/A
Sea Level Rise 1 0 0 N/A
Wildfire 1 0 0 N/A
Flooding N/A N/A N/A N/A
Drought N/A N/A N/A N/A
Snowpack Reduction N/A N/A N/A N/A
Air Quality Degradation 0 0 0 N/A
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The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure.
The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest ability to adapt.
The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores do not include implementation of climate risk reduction measures.
6.3. Adjusted Climate Risk Scores
Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 1 1 1 2
Extreme Precipitation N/A N/A N/A N/A
Sea Level Rise 1 1 1 2
Wildfire 1 1 1 2
Flooding N/A N/A N/A N/A
Drought N/A N/A N/A N/A
Snowpack Reduction N/A N/A N/A N/A
Air Quality Degradation 1 1 1 2
The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure.
The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest ability to adapt.
The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores include implementation of climate risk reduction measures.
6.4. Climate Risk Reduction Measures
7. Health and Equity Details
7.1. CalEnviroScreen 4.0 Scores
The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state.
Indicator Result for Project Census Tract
Exposure Indicators —
AQ-Ozone —
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AQ-PM —
AQ-DPM —
Drinking Water —
Lead Risk Housing —
Pesticides —
Toxic Releases —
Traffic —
Effect Indicators —
CleanUp Sites —
Groundwater —
Haz Waste Facilities/Generators —
Impaired Water Bodies —
Solid Waste —
Sensitive Population —
Asthma —
Cardio-vascular —
Low Birth Weights —
Socioeconomic Factor Indicators —
Education —
Housing —
Linguistic —
Poverty —
Unemployment —
7.2. Healthy Places Index Scores
The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state.
Indicator Result for Project Census Tract
Economic —
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Above Poverty —
Employed —
Median HI —
Education —
Bachelor's or higher —
High school enrollment —
Preschool enrollment —
Transportation —
Auto Access —
Active commuting —
Social —
2-parent households —
Voting —
Neighborhood —
Alcohol availability —
Park access —
Retail density —
Supermarket access —
Tree canopy —
Housing —
Homeownership —
Housing habitability —
Low-inc homeowner severe housing cost burden —
Low-inc renter severe housing cost burden —
Uncrowded housing —
Health Outcomes —
Insured adults —
Arthritis —
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Asthma ER Admissions —
High Blood Pressure —
Cancer (excluding skin) —
Asthma —
Coronary Heart Disease —
Chronic Obstructive Pulmonary Disease —
Diagnosed Diabetes —
Life Expectancy at Birth —
Cognitively Disabled —
Physically Disabled —
Heart Attack ER Admissions —
Mental Health Not Good —
Chronic Kidney Disease —
Obesity —
Pedestrian Injuries —
Physical Health Not Good —
Stroke —
Health Risk Behaviors —
Binge Drinking —
Current Smoker —
No Leisure Time for Physical Activity —
Climate Change Exposures —
Wildfire Risk —
SLR Inundation Area —
Children —
Elderly —
English Speaking —
Foreign-born —
Peak Park Water Well v5 Detailed Report, 1/21/2026
40 / 41
Outdoor Workers —
Climate Change Adaptive Capacity —
Impervious Surface Cover —
Traffic Density —
Traffic Access —
Other Indices —
Hardship —
Other Decision Support —
2016 Voting —
7.3. Overall Health & Equity Scores
Metric Result for Project Census Tract
CalEnviroScreen 4.0 Score for Project Location (a) —
Healthy Places Index Score for Project Location (b) —
Project Located in a Designated Disadvantaged Community (Senate Bill 535) Y es Project Located in a Low-Income Community (Assembly Bill 1550) Y es Project Located in a Community Air Protection Program Community (Assembly Bill 617) No a: The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state. b: The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state.
7.4. Health & Equity Measures
No Health & Equity Measures selected.
7.5. Evaluation Scorecard
Health & Equity Evaluation Scorecard not completed.
7.6. Health & Equity Custom Measures
No Health & Equity Custom Measures created.
8. User Changes to Default Data
Peak Park Water Well v5 Detailed Report, 1/21/2026
41 / 41
8.1. Justifications
Screen Justification
Construction: Construction Phases Construction schedule provided by Applicant. Pilot hole drilling will be a subset of the excavation phase.
Construction: Off-Road Equipment Equipment for Pilot Hole drilling and water line installation confirmed by Applicant.
Construction: Dust From Material Movement Export material calculated based on plans
8.4. Construction
8.4.1. Construction Phases
Phase Type Phase Name Model Parameter Default Value New Value Demolition Demolition Start Date 9/3/2024 10/1/2024
Demolition Demolition End Date 9/17/2024 11/11/2024
Demolition Demolition Work Days per Phase 10.00000 30.0000
8.4.4. Dust from Material Movement
Phase Name Model Parameter Units Default Value New Value Excavation Material Exported Cubic Y ards — 3,617.00
Excavation Total Acres Graded acres 81.0000 130.500
March 10, 2026
STUDY SESSION
Item No. 9A.
City Council Agenda Report
DISCUSS AND PROVIDE DIRECTION REGARDING FIFA WORLD CUP COMMUNITY VIEWING PARTIES ATTHE SOURCE
PREPARED BY PRESENTED BY
Jessica Fewer, Senior Management AnalystJessica Fewer, Senior Management Analyst
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Eddie Fenton, Assistant City Manager/Human
Resources Director Aaron France, City Manager
DISCUSSION
Recently, Radio Korea, a leading Korean-American community media company, reached out to the City about hosting several community viewing parties at the Source OC ("the Source") for the upcoming FIFA World Cup 2026 ("World Cup"), which will be held in various venues across North America, including Los Angeles, starting in June.
The World Cup is expected to be one of the largest sporting events in history with more than 48 nations participating over a 39-day tournament period. Los Angeles will host a total of eight matches, including the opening match for Team USA, group stage games, and quarterfinals.
Being the Center of the Southland and the location of Koreatown, Korea Radio believes that Buena Park is an ideal location to host a series of community watch parties to cheer on Team Korea as they make their way through the tournament. Radio Korea has held similar events since 2006 in the Los Angeles area and is also in the process of planning a 2026 World Cup Los Angeles-area viewing party series. The proposed viewing parties at the Source will serve as the Orange County viewing destination. Radio Korea has already been in contact with the Source and has received their approval to move forward with planning the events.
Radio Korea is proposing to host up to four community viewing parties at the three locations within the Source.
These three locations are:
Level 1 - Main Plaza (4,000 sq.ft.)
Level 2 - Sunken Stairs (3,000 sq. ft.)
Level 3 - Deck area to the southwest corner of the development, located behind La Huasteca (5,000 sq. ft.) The Main Plaza area would have a main stage with a large LED screen. The Sunken Stairs would have its own dedicated screens to allow people to congregate in that area. Lastly, the Level 3 Deck would feature a separate stage and LED screen with seating. The organizers estimate that between all three locations at the Source, approximately 1,000 to 1,500 people will attend each viewing party. While they are still in the planning stages, the organizers do not believe they will include alcohol sales as part of their event, but are still exploring that aspect.
There would not be any additional food vendors for the event. Instead, attendees would be encouraged to patronize the existing restaurants and eateries on-site. Each event would start approximately two hours before game time and end at the conclusion of the game. The parties would be free to the public and would not require a ticket.
The four proposed games are as follows:
Thursday, June 11th @ 5 PM - Korea vs. Czechia/Denmark/North Macedonia/Republic of Ireland Thursday, June 18th @ 4 PM - Korea vs. Mexico
Wednesday, June 24th @ 4 PM - Korea vs. South Africa
Sunday, June 28th TBD - Round of 32 (Korea must qualify to play) Potential additional date: Friday, June 12th @ 6 PM - USA vs. Paraguay (Organizers are unsure if this will be part of the initial four viewing parties.)
At this time, the organizers are not proposing any additional matches due to the cost of hosting these viewing parties. Should Team Korea advance past the Round of 32, Radio Korea would consider adding those playoff games at a cost of approximately $40,000 each and would seek additional corporate sponsors.
Radio Korea, who is partnering with the Orange County Korean Chamber of Commerce to collaborate on this project, is requesting the City join the event as an official municipal partner. In order to show the games in this capacity, Radio Korea must apply for a viewing license. The licensing process is much easier, and less expensive, if the City agrees to be an official event partner. As such, the organizers are asking for the City to sign an official partnership acknowledgment letter (attached). The City of Downey recently approved plans for a World Cup Fan Zone in their city. Radio Korea is not asking for any monetary support from the City as they will be securing corporate sponsors to fund these events.
Radio Korea is aware that they will be required to obtain a Temporary Use Permit (TUP) from the Community & Economic Development Department for these events. This application process would go into greater logistical details such as security, traffic control, alcohol sales, parking, and other aspects of the event.
Radio Korea believes that hosting the watch parties in Buena Park will not only benefit those residents and visitors attending the events, but the surrounding community. It is anticipated that the event will promote Buena Park as a hub of K-culture as well as strengthen the recognition of Koreatown, adding economic benefit. Additionally, organizers believe these viewing parties will build a sense of community and showcase Korean culture and pride.
Staff is seeking the City Council's direction on being an official partner of the viewing parties and authorization of the Mayor to sign the official partnership letter.
Attachments
DRAFT Official Partnership Letter.pdf
Worldcup Event Buena Park_Ver1.2 (PRT).pdf
From: City of Buena Park
Date: March 3, 2026
To: Radio Korea USA, Inc.
Subject: Official Partnership Acknowledgment – 2026 World Cup Community Viewing Events Dear Radio Korea,
The City of Buena Park is pleased to acknowledge its partnership with Radio Korea in connection with the 2026 World Cup Community Viewing Events planned at The Source OC in Buena Park.
Since 2006, Radio Korea has played an important role in bringing together diverse communities across Southern California through its World Cup celebratio ns. The City recognizes the cultural
significance of these events and the opportunity they provide for residents and visitors to gather in a vibrant, family-friendly environment.
The City of Buena Park supports the planned viewing events and is honored to participate as an official community partner. The events are expected to attract visitors from across the region, support local busin
esses, and highlight Buena Park as a welcoming and multicultural destination during the 2026 FIFA World Cup.
The City looks forward to collaborating with Radio Korea to help ensure that these events are safe, well-organized, and enjoyable for the community.
Sincerely,
(Signature)
City of Buena Park
DRAFT
COMMUNITY VIEWING PARTIES
“다시 하나로! 다함께 외치는 대한민국”
“Together again! We are one”
03 WHY
04 INTRODUCE
05 OVERVIEW
06 PROJECT OVERVIEW
07-08 LOCATION / VENUE
09 EVENT SCHEDULE
10-11 EXPECTIVE BENEFIT
TABLE OF CONTENTSO2
FIFA World Cup 2026
The 2026 North America World Cup is expected to be the
largest sporting event in history, with the number of
participating nations significantly expanding from 32 to 48 over the 39-day tournament period.
Los Angeles, in particular, is set to host a total of eight matches, including the opening match for the U.S.
national team, group stage games, and quarterfinals.
Leveraging its strengths as a city embracing diverse
cultures and its robust infrastructure, Los Angeles has emerged as a key host city for this World Cup.
Los Angeles is projected to generate a total economic
impact of $594 million and create numerous jobs through the World Cup. Just as Korea led street cheering parties during the 2002 World Cup, a vibrant fan culture will form here, with Buena Park becoming a central hub for
cheering.
WHY
Buena Park's rapidly growing Koreatown, fueled by global K-culture, can expect tourism revitalization and local business growth through World Cup cheering events.
03 INTRODUCE
has hosted cheering events
during every World Cup tournament since
2006.
Through sports, we foster unity and
passion, sharing the boundless power of
cheering together with our community.
04 Increased
Recognition
• Creating a new sports culture
through exemplary Korean
cheering culture.
• Promoting Buena Park City's
diversity through next-
generation and diverse
community exchanges.
Community Harmony
• Community-wide unity through
sporting events.
• Spreading a unified sports
cheering culture that
transcends race and
generations.• Bringing the joy of sports to
the community through the
2026 FIFA World Cup
• K-Culture that the community
can enjoy together
Community
Sports Event
Expected
Benefit
Local Business
Revitalization
• Absorbing the economic impact
of the World Cup into local
businesses through the
“Community Viewing Party”.
• Expanding branding and
promotional opportunities for
Buena Park City and local
businesses.
Radio Korea, a leading
Korean-American community
media company, is partnering
with the Orange County
Korean Chamber of
Commerce to collaborate on a
mutual growth project with the
City of Buena Park through the
2026 World Cup Cheering
Campaign.
3BEJP,PSFB
2026 World Cup
Community
Viewing Party
OVERVIEW05
Viewing Party
01 02
World Cup Platform
03 Fan Zone
‣ Expanding the influx of people to
Buena Park.
‣ Spreading a culture of unity and
support.
‣ Emerging as the premier cheering
destination in Orange County.
‣ Radio Korea website as a World
Cup information hub.
‣ OC area accommodations, food,
transportation, and local
information.
‣ Buena Park area business district
guide.
‣ Promotion of Buena Park Area
Theme Parks (Knott’s Berry Farm,
Medieval Times, etc.)
‣ Korean Soccer Team experience
zone.
‣ Bridge between sponsor
companies and fans.
PROJECT06
• Located in the heart of OC's Korean
Town.
• A variety of cheering venues.
• Space for ancillary events.
• Direct connectivity to Buena Park's
commercial district.
• Diverse promotions with tenant
businesses.
• Easy access to parking and adjacent
facilities.
• Regional revitalization linked to
cheering events.
The Source OC
LOCATION
We are preparing a viewing event at 3 locations within the mall, accommodating approximately 1,200 attendees.
The viewing location will be equipped with a large LED
screen, sound equipment, and various amenities.
07 VENUE
SPACE SIZE CAPACITY
Center Square 4,000 sqft 400
Sunken Stairs 3,000 sqft 300
3rd Deck 5,000 sqft 500
Attendee 1,200 ~ 1,500
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08 EVENT SCHEDULE
DEN/MKD
CZE/IRL
v
RSA
A
25 12:00
KOR
v
DEN/MKD
CZE/IRL
A
22 2 : 0 0
AUS
v
TUR/ROU
SVK/KOS
D
60 0 : 0 0
NED
v
UKR/SWE
POL/ ALB
F
35 13:00
POR
v
COD
JAM/NCL
K
23 13:00
COL
v
COD
JAM/NCL
K
48 22:00
FRA
v
IRQ
BOL/SUR
I
42 17:00
SEN
v
IRQ
BOL/SUR
I
62 15:00
JPN
v
UKR/SWE
POL/ ALB
F
57 19:00
CAN
v
IT A/NIR
WAL/BIH
B
31 5 : 0 0
SUI
v
IT A/NIR
WAL/BI H
B
26 15:00
USA
v
PAR
D
42 1 : 0 0
BRA
v
MAR
C
71 8 : 0 0
HAI
v
SCO
C
52 1 : 0 0
QAT
v
SUI
B
81 5 : 0 0
GER
v
CUW
E
10 13:00
NED
v
JPN
F
11 16:00
CIV
v
ECU
E
91 9 : 0 0
KSA
v
URU
H
13 18:00
ESP
v
CPV
H
14 12:00
AUT
v
JOR
J
20 00:00
ARG
v
ALG
J
19 21:00
FRA
v
SEN
I
17 15:00
GHA
v
PAN
L
21 19:00
ENG
v
CRO
L
22 16:00
UZB
v
COL
K
24 22:00
CAN
v
QAT
B
27 18:00
MEX
v
KOR
A
28 21:00
BRA
v
HAI
C
29 21:00
SCO
v
MAR
C
30 18:00
USA
v
AUS
D
32 15:00
TUN
v
JPN
F
36 00:00
ECU
v
CUW
E
34 20:00
GER
v
CIV
E
33 16:00
NOR
v
SEN
I
41 20:00
ENG
v
GHA
L
45 16:00
PAN
v
CRO
L
46 19:00
URU
v
CPV
H
37 18:00
ESP
v
KSA
H
38 12:00
ARG
v
AUT
J
43 13:00
BEL
v
IRN
G
39 15:00
NZL
v
EGY
G
40 21:00
JOR
v
ALG
J
44 23:00
SUI
v
CAN
B
51 15:00
RSA
v
KOR
A
54 21:00
POR
v
UZB
K
47 13:00
MAR
v
HAI
C
50 18:00
SCO
v
BRA
C
49 18:00
ECU
v
GER
E
56 16:00
CUW
v
CIV
E
55 16:00
TUN
v
NED
F
58 19:00
PAR
v
AUS
D
60 22:00
NZL
v
BEL
G
64 23:00
CPV
v
KSA
H
65 20:00
URU
v
ESP
H
66 20:00
NOR
v
FRA
I
61 15:00
PAN
v
ENG
L
67 17:00
CRO
v
GHA
L
68 17:00
COL
v
POR
K
71 19:30
ALG
v
AUT
J
69 22:00
JOR
v
ARG
J
70 22:00
EGY
v
IRN
G
63 23:00
2A
v
2B
73 15:00
1F
v
2C
75 21:00
1C
v
2F
76 13:00
2E
v
2I
78 13:00
1J
v
2H
86 18:00
2K
v
2L
83 19:00
W74
v
W77
89 17:00
W86
v
W88
95 12:00
W83
v
W84
93 15:00
W73
v
W75
90 13:00
W79
v
W80
92 20:00
W93
v
W94
98 15:00
W95
v
W96
100 21:00
W89
v
W90
97 16:00
W81
v
W82
94 20:00
W85
v
W87
96 16:00
W76
v
W78
91 16:00
2D
v
2G
88 14:00
1K
v
3 DEIJL
87 21:30
1A
v
3 CEFHI
79 21:00
1D
v
3 BEFIJ
81 20:00
1G
v
3 AEHIJ
82 16:00
1B
v
3 EFGIJ
85 23:00
1L
v
3 EHIJK
80 12:00
1E
v
3 ABCDF
74 16:30
1I
v
3 CDFGH
77 17:00
1H
v
2J
84 15:00
ET-2
ET-2
ET-2
ET-1
ET-1
ET-1
ET-3
ET-3
ET-3
ET-3
MEX
v
RSA
A
11 5 : 0 0
DEN/MKD
CZE/IRL
v
MEX
A
53 21:00
TUR/ROU
SVK/KOS
v
PAR
D
31 00:00
UKR/SWE
POL/ ALBv
TUN
F
12 22:00
IRQ
BOL/SUR
v
NOR
I
18 18:00
TUR/ROU
SVK/KOS
v
USA
D
59 22:00
IT A/NIR
WAL/BIH
v
QAT
B
52 15:00
W97
v
W98
101 15:00
W99
v
W100
102 15:00
W91
v
W92
99 17:00
COD
JAM/NCL
v
UZB
K
72 19:30
BEL
v
EGY
G
16 15:00
IRN
v
NZL
G
15 21:00
103 17:00
104 15:00
29.01.2026 © FIFA
REST DAYS
REST DAYS
REST DAY
WESTERN REGIONCENTRAL REGIONEASTERN REGION
VANCOUVER
SEATTLE
LOS ANGELES
GUADALAJARA
MEXICO CITY
MONTERREY
HOUSTON
DALLAS
ATLANTA
TORONTO
BOSTON
SAN FRANCISCO
BAY AREA
KANSAS CITY
MIAMI
NEW YORK
NEW JERSEY
GROUP STAGE MATCHES ROUND OF 32 QUARTER-FINALS SEMI-FINALS Sunday
28 June
Monday
29 June
Tuesday
30 June
Wednesday
1 July
Thursday
2 July
Friday
3 July
ROUND OF 16
Saturday
4 July
Sunday
5 July
Monday
6 July
Tuesday
7 July
Thursday
9 July
Friday
10 July
Saturday
11 July
Tuesday
14 July
Wednesday
15 July
Saturday
18 July
Sunday
19 July
Thursday
11 June
Friday
12 June
Saturday
13 June
Sunday
14 June
Monday
15 June
Tuesday
16 June
Wednesday
17 June
Thursday
18 June
Friday
19 June
Saturday
20 June
Sunday
21 June
Monday
22 June
Tuesday
23 June
Wednesday
24 June
Thursday
25 June
Friday
26 June
Saturday
27 June
Wednesday
8 July
Sunday
12 July
Monday
13 July
Thursday
16 July
Friday
17 July
Subject to change W = Winner
PHILADELPHIA
FINAL
BRONZE FINAL
GROUP A
MEXICO (MEX) A1
SOUTH AFRICA (RSA) A2
KOREA REPUBLIC (KOR) A3
DEN/MKD/CZE/IRL A 4
GROUP G
BELGIUM (BEL) G 1
EGYPT (EGY) G 2
IR IRAN (IRN) G 3
NEW ZEALAND (NZL) G4
GROUP B
CANADA (CAN) B1
ITA/NIR/WAL/BIH B 2
QA TAR (QA T) B 3
SWITZERLAND (SUI) B4
GROUP H
SPAIN (ESP) H1
CABO VERDE (CPV) H2
SAUDI ARABIA (KSA) H 3
URUGUA Y (URU) H 4
GROUP C
BRAZIL (BRA) C1
MOROCCO (MAR) C2
HAITI (HAI) C 3
SCOTLAND (SCO) C 4
GROUP I
FRANCE (FRA) I 1
SENEGAL (SEN) I2
IRQ/BOL/SUR I 3
NORWA Y (NOR) I4
GROUP D
USA (USA) D1
PARAGUA Y (PAR) D2
AUSTRALIA (AUS) D3
TUR/ROU/SVK/KOS D 4
GROUP J
ARGENTINA (ARG) J1
ALGERIA (ALG) J2
AUSTRIA (AUT) J 3
JORDAN (JOR) J4
GROUP E
GERMANY (GER) E1
CURAÇAO (CUW) E2
CÔTE D’IVOIRE (CIV) E3
ECUADOR (ECU) E4
GROUP K
PORTUGAL (POR) K1
COD/ JAM/NCL K 2
UZBEKISTAN (UZB) K3
COLOMBIA (COL) K4
GROUP F
NETHERLANDS (NED) F1
JAPAN (JPN) F2
UKR/SWE/POL/ ALB F 3
TUNISIA (TUN) F 4
GROUP L
ENGLAND (ENG) L1
CROA TIA (CRO) L2
GHANA (GHA) L3
PANAMA (PAN) L4
All times are Eastern Time (ET).
MATCHSCHEDULE
BRONZE
FINAL
FINAL
Time (PST)
6/11 (Thu)
5PM
6/12 (Fri)
6PM
6/18 (Thu)
4PM
6/24 (Wed)
4PM
6/28 (Sun)
12PM
VS
KOREA
vs
PO / D
USA
vs
PARAGUAY
KOREA
vs
MEXICO
KOREA
vs
S. AFRICA
Round of 32
09 External
Effect
01 1. Community Harmony
‣ A venue for racial and generational harmony.
‣ Community events where the younger generation can
participate.
‣ Bringing the joy of the World Cup tournament to local residents.
2. K-Cheering Culture
‣ Spreading exemplary cheering culture through the World Cup.
‣ Peaceful cheering events in collaboration with other
communities.
‣ A representative World Cup event in the OC.
3. City of Buena Park
Promotion
‣ Buena Park Koreatown gains prominence alongside the
rising global recognition of K-Culture.
‣ Offering diverse attractions in Buena Park.
4. Support for Away
Cheering Squad
‣ The visiting Korea Team cheering squads from Korea and the United States will number approximately 2,000 people.
The World Cup events held in Buena Park will be another game for them, unfolding outside the stadium.
EXPECTED BENEFIT10
02 1. Regional economic
revitalization
‣ Sales growth expected in Buena Park's commercial
district.
‣ World Cup-related sales growth is anticipated.
‣ World Cup visitors will be drawn to the Buena Park area.
2. The center of the
SoCal economy
‣ Attracting visitors through abundant lodging
infrastructure.
‣ Convenient access to the freeway
3. Promotions linked to
local businesses
‣ Promotions in partnership with local businesses
‣ Exposure of local businesses on onlineforms
4. Combined with the
K-Culture effect
‣ Leveraging the rapidly rising recognition of K-Culture to attract visitors to the Buena Park area.
‣ Opportunities for visitors to enjoy K-Beauty, K-Food, and K-Products.
‣ Strengthening the image of ‘Buena Park Koreatown = K- Culture Hub’.
EXPECTED BENEFIT
Economic
Effect
11 Thank You
22 Centerpoint Dr. #100, La Palma, CA 90623
TEL 213-487-1300 (Dir. 2022)
CONTACT [email protected]
RADIO KOREA USA, INC.
March 10, 2026
STUDY SESSION
Item No. 9B.
City Council Agenda Report
DISCUSS AND PROVIDE DIRECTION REGARDING THE NEIGHBORHOOD ACTION DAY PROGRAM
PREPARED BY PRESENTED BY
Jessica Fewer, Senior Management AnalystJessica Fewer, Senior Management Analyst
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Eddie Fenton, Assistant City Manager/Human
Resources Director Aaron France, City Manager
DISCUSSION
On December 9, 2025, Mayor Connor Traut calendared a discussion about a Neighborhood Action Day Program.
In line with the Mayor's 2026 theme of "Elevating Voices," this program aims to bring concentrated beautification efforts to targeted neighborhoods within the City to foster community pride and ownership. The proposal is a pilot program to target two to three different neighborhood locations for a beautification project before the end of the calendar year. These locations must be geographically diverse throughout the City and no district may have more than one project. Similar to the annual Love Buena Park event, projects will be achievable during a three- to five- hour effort and be basic tasks that any resident can participate in. The project could consist of smaller maintenance/upgrade projects such as tree planting, litter clean up/disposal, parkway landscape maintenance or improvements, smaller paint-over graffiti removal, painting of faded fire hydrants or other fixtures, painting curb addresses or red curbs, or other visible beautification projects. The projects do not need to be on public property but must be visible from the street. Maintenance issues within the right-of-way or projects that require structural alterations or a licensed contractor will not be included. Additionally, if there are other more skilled/technical maintenance issues that need to be addressed such a crosswalk repaving, line striping or larger/complex graffiti removal, City crews could perform that work ahead of the project day or immediately after as part of the larger project. None of the aspects of the project will require additional, ongoing City maintenance.
The goal of this pilot program is to provide a rapid response to neighborhoods to address smaller, minor maintenance issues before they become larger problems. These targeted small-scale projects are designed to provide "small wins" to neighborhoods, instilling neighborhood pride and community partnership. While Public Works or other City staff will assist with project management, this program will call on neighbors, local non-profits, scout troops, school staff and community members to complete the project. If there is a Homeowners Association, local church or other organizations/businesses within the surrounding area, staff will also reach out to them to participate. There is also an opportunity for local businesses to sponsor a project or provide in-kind volunteers for the day of the event. In return, they could have a banner at the project and be acknowledged on the City's social media post about the event.
Site locations and the scope of each project could be decided by an ad hoc committee that would include two council members, a Public Works Department staff member and a staff member from any other relevant departments. The Public Works Department would also be a key partner on the day of the project, ensuring that the project is successfully completed. After the event, staff will recap the project details in the City Manager's Weekly report.
Another goal of this program is to engage residents who have not previously participated in City programs or activities. Therefore, while marketing materials will be shared to the general public, staff will also focus on reaching residents and volunteers in that specific area. This targeted marketing could include text messaging geofencing, NextDoor posts to that specific neighborhood, and, other non-digital outreach, including yard signs or flyer distribution.
As this is a new, proposed program, there is no existing budget. Should the City Council wish to move forward with this item, a budget allocation from the undesignated General Fund balance would be required. A budget allocation of $15,000 would allow two to three projects to be completed. Should the City Council wish to move forward with this program, staff recommends appointing an ad-hoc committee during the study session to start discussing potential project locations and details. A formal budget action will come back to the City Council for formal approval.
March 10, 2026
STUDY SESSION
Item No. 9C.
City Council Agenda Report
DISCUSS AND PROVIDE DIRECTION REGARDING ALL PARKS PROJECTS TO BE SUBMITTED TO THECLIMATE ACTION COMMISSION FOR REVIEW
PREPARED BY PRESENTED BY
Eddie Fenton, Assistant City Manager/Director of
Human Resources
Eddie Fenton, Assistant City Manager/Director of
Human Resources
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Eddie Fenton, Assistant City Manager/Human
Resources Director Aaron France, City Manager
DISCUSSION
INTRODUCTION
On February 24, 2026, Council Member Susan Sonne calendared a discussion on all parks projects to be submitted to the Climate Action Commission for alignment with the Climate Action and Adaptation Plan (CAAP) and environmental excellence.
DISCUSSION
On September 1, 2023, the City Council organized and established the Climate Action Commission by amending Chapter 2.32 of Title 2 (Administration and Personnel) to the Buena Park Municipal Code by approving Ordinance No. 1720.
The roles and responsibilities of the Climate Action Commission are as follows:
A. To advise the City Council on matters pertaining to reducing greenhouse gasses from the city's municipal, residential, commercial, and industrial sectors, and on adapting to climate change within the city's jurisdiction; B. To advise and aid the City Council in meeting the city's commitment to climate action on:
1. Measures to advance energy efficiency, renewable energy, electrification of buildings and transportation, energy equity, energy security, and the rapid reduction of greenhouse gas emissions from city facilities and the community as a whole;
2. Threats posed by climate change to community infrastructure, health and well-being;
3. Environmental justice;
4. Sustainable policies and practices towards a zero-waste goal;
5. The sustainability of the natural environment of the city, taking into account the inter-relationships among the air, water and land in their various uses;
6. Environmental issues impacting the health of citizens.
C. To promote and incorporate the city's core values of commitment, respect, integrity, communication, teamwork, excellence, and equity in the advice and recommendations of the commission.
D. To perform such other responsibilities as directed by the City Council and that fall within the guidelines for the climate action commission established by the City Manager's Office.
Given the objectives, roles, and responsibilities of the commission, Council Member Sonne requested a discussion on whether or not the Climate Action Commission should expand their scope to include a review of parks and other related projects.
Potential Benefits of Climate Action Commission Review
Strategic Plan Alignment: The Climate Action Commission may make recommendations that new park designs contribute to Climate Action and Adaptation Plan (CAAP) goals and achieve quicker results. Adopted in 2025, the CAAP contains actions to support carbon sequestration and urban greening such as increasing urban tree canopy to mitigate heat islands.
Climate Resilience: The Climate Action Commission may make recommendations that shift parks from simple "natural" spaces to "climate-smart" infrastructure capable of preparing vulnerable communities for hazards, creating resilient public gathering spaces, and withstanding extreme heat, wildfire and Santa Ana winds, floods, and droughts consistent with the CAAP goals.
Environmental Justice: The Climate Action Commission may make recommendations to prioritize projects in underserved areas of the city that lack adequate green space, helping to address environmental inequities.
Potential Challenges of Climate Action Commission Review Redundancy: The City already has a talented and strong Community Services Commission that reviews high quality parks projects with climate action goals in mind to avoid potential environmental impacts. Requiring a separate Climate Action Commission review may be seen as a redundant hurdle that duplicates the work of staff and consultants.
Authority: A separate climate action review may overlap with existing commission oversight and may be seen as more bureaucratic red tape. In addition, the Climate Action Commission may be seen as a governing authority rather than an advisor to the City Council. Furthermore, there could be concerns that the commission may exceed their intended advisory scope, effectively "vetoing" projects based on shifting priorities rather than clear, objective standards. Lastly, for many projects (i.e. minor repairs or upgrades), the climate impact may not be significant enough to justify the cost and time of a specialized Climate Action Commission review.
Project Delays: Adding an extra layer of commission review can extend the timeline for park improvements.
Mandatory oversight, extra review over minor administrative matters, and increased technical analysis often slows down projects and creates barriers to completion. Lastly, project delays may potentially impact grant funding that may be tied to strict project completion deadlines.
Increased Costs: Reviewing every project by multiple commissions increases staff time, and technical consultant’s time. Extended project timelines also increase project expenses and impacts budget.
Staff is seeking direction as to whether or not the Climate Action Commission’s roles and responsibilities should be expanded to include a review of all parks projects for alignment with the Climate Action and Adaptation Plan (CAAP) and environmental excellence. Or, the City Council may provide alternate direction.