Buena Park — 2023-06-06

10. RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH\nTHE STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES (DWR) TO\nRECEIVE FUNDS FOR THE BUENA PARK WATER SYSTEM IMPROVEMENTS\nPROJECT AND APPROVAL OF ASSOCIATED FUNDING AGREEMENT FOR THE\nPROJECT\nPurpose: Accept grant funds from the DWR to construct a new water well project in the\nCity. Grant funds in the amount of $5 million will go toward the total project costs.\nRecommended Action: 1) Adopt a resolution authorizing the City to enter into an\nagreement with the State of California Department of Water Resources (DWR) to\nreceive funds for the Buena Park Water System Improvements Project for a new city\nwell; 2) Approve an agreement with DWR to receive funds in the amount of $5 million\nfor the project; 3) Authorize the City Manager and City Attorney to make any necessary,\nnon-monetary changes to the agreement; 4) Authorize the City Manager and City Clerk\nto execute the agreement; 5) Accept grant funds in the amount of $5 million; and,\n6) Allocate $5 million for the Buena Park Water Well Project.

11. ADOPT ORDINANCES AMENDING THE CITY'S COMMISSIONS AND\nCOMMITTEES; APPROVE A BUDGET AMENDMENT FOR\nCOMMISSION/COMMITTEE STIPENDS; APPROVE CITY COUNCIL POLICY\nSTATEMENT NOS. 22, 24, 28, AND 43; AND APPROVE AMENDMENTS TO THE\nCITY COUNCIL'S PROTOCOLS SECTIONS 5.2, 5.3, AND ADDING SECTION 5.5 AS\nTHEY RELATED TO COMMISSIONS/COMMITTEES\nPurpose: Adopt Ordinances amending the City's commissions and committees,\napprove a budget amendment for commissioner/committee member stipends, and\napprove City Council Policy Statement amendments related to the City's commissions\nand committees.\nRecommended Action: 1) Adopt Ordinances amending the City's commissions and\ncommittees; 2) Approve a budget amendment for Commission & Committee stipends\nfrom the General Fund Reserve in the amount of $12,500; 3) Approve City Council\nPolicy Statement Nos. 22, 24, 28, and 43; and, 4) and approve amendments to the City\nCouncil's Protocols Sections 5.2, 5.3 and adding Section 5.5 as they relate to\ncommissions/committees.

12. SELECTION OF 2023 MYRNA HOLMQUIST SCHOLARSHIP AWARDEES AND\nAPPROVAL OF SCHOLARSHIP AMOUNTS\nPurpose: Award the Myrna Holmquist Scholarship to residents majoring in the field of\nCommunications, who have shown excellence in education and involvement in the\ncommunity. Associated costs in the amount of $10,000 are available in the existing\nbudget (11-6690-106132).\nRecommended Action: 1) Award the 2023 Myrna Holmquist Scholarship to Jillian\nPenaredonda and Giovanni Tapis in the amount of $5,000 each.

13. CONSIDERATION OF AN ORDINANCE ESTABLISHING JUST CAUSE EVICTION\nPROTECTIONS FOR RESIDENTIAL TENANTS THAT ARE MORE PROTECTIVE\nTHAN THE STATE TENANT PROTECTION ACT OF 2019\nPresented by Christopher Cardinale, City Attorney\nPurpose: Consideration of increased 'just cause' tenant protections for residential real\nproperties in the City, consistent with past direction of the City Council. There is no\nfiscal impact associated with this item.\nRecommended Action: 1) Adopt an ordinance amending Title 8 (Health, Safety and\nWelfare) of the Buena Park Municipal Code by adding Chapter 8.60 (Just Cause\nTenant Protections).

14. RESOLUTION TO ADOPT A MEMORANDUM OF UNDERSTANDING BETWEEN\nTHE CITY OF BUENA PARK AND THE BUENA PARK CITY EMPLOYEES'\nASSOCIATION (BPCEA)\nPresented by Eddie Fenton, Assistant City Manager/Director of Human Resources\nPurpose: Approve a successor labor contract with the BPCEA and associated pay\ntables. Associated costs in the amount of $606,080 are necessary for implementation\nof this MOU.\nRecommended Action: 1) Adopt a resolution approving a successor Memorandum of\nUnderstanding (MOU) between the City of Buena Park and the BPCEA.

15. RESOLUTION TO ADOPT A MEMORANDUM OF UNDERSTANDING BETWEEN\nTHE CITY OF BUENA PARK AND THE BUENA PARK TECHNICAL, OFFICE AND\nPROFESSIONALS ASSOCIATION (BPTOP)\nPresented by Eddie Fenton, Assistant City Manager/Director of Human Resources\nPurpose: Approve a successor labor contract with the BPTOP and associated pay\ntables. Associated costs in the amount of $761,632 are necessary for implementation\nof this MOU.\nRecommended Action: 1) Adopt a resolution approving a successor Memorandum of\nUnderstanding (MOU) between the City of Buena Park and the BPTOP.

16. RESOLUTION TO ADOPT A COMPENSATION PLAN BETWEEN THE CITY OF\nBUENA PARK AND THE BUENA PARK MANAGEMENT AND EXECUTIVE\nEMPLOYEES, AND CITY COUNCIL\nPresented by Eddie Fenton, Assistant City Manager/Director of Human Resources\nPurpose: Approve a successor Compensation Plan with the Buena Park Management\nUnit and Executive Employees, and the City Council. Associated costs in the amount of\n$878,114 are necessary for implementation of this Compensation Plan.\nRecommended Action: 1) Adopt a resolution approving the Compensation Plan for\nManagement and Executive Employees, and the City Council.

17. RESOLUTION TO ADOPT A MEMORANDUM OF UNDERSTANDING BETWEEN\nTHE CITY OF BUENA PARK AND THE BUENA PARK POLICE ASSOCIATION\n(BPPA)\nPresented by Eddie Fenton, Assistant City Manager/Director of Human Resources\nPurpose: Approve a successor labor contract with the BPPA and associated pay tables.\nAssociated costs in the amount of $1,995,390 are necessary for implementation of this\nMOU.\nRecommended Action: 1) Adopt a resolution approving a successor Memorandum of\nUnderstanding (MOU) between the City of Buena Park and the BPPA.

18. RESOLUTION TO ADOPT A MEMORANDUM OF UNDERSTANDING BETWEEN\nTHE CITY OF BUENA PARK AND THE BUENA PARK POLICE MANAGEMENT\nASSOCIATION (BPPMA)\nPresented by Eddie Fenton, Assistant City Manager/Director of Human Resources\nPurpose: Approve a successor labor contract with the BPPMA and associated pay\ntables. Associated costs in the amount of $304,450 are necessary for implementation\nof this MOU.\nRecommended Action: 1) Adopt a resolution approving a successor Memorandum of\nUnderstanding (MOU) between the City of Buena Park and the BPPMA.

19. ORDINANCE AMENDING SECTION 2.04.030 OF THE BUENA PARK MUNICIPAL\nCODE PERTAINING TO SALARIES FOR CITY COUNCIL MEMBERS\nPresented by Eddie Fenton, Assistant City Manager/Director of Human Resources\nPurpose: Adjust salaries for Council Members pursuant to the City Council Protocols,\nwhich state that discussion of City Council salary adjustments will be placed on the\nagenda at the time that the general employees receive a cost of living adjustment\n(COLA).\nRecommended Action: 1) Adopt ordinance adjusting salaries for Council Members.\nMAYOR/CITY COUNCIL REPORTS & CALENDAR\na. Scheduling dates for future City Council meetings.\nb. Identifying items for future discussion.\nRECESS\nSTUDY SESSION (20 – 25) (Reconvene in the Council Chamber)

2. RESOLUTIONS APPROVING CLAIMS AND DEMANDS\nRecommended Action: Adopt resolutions.

20. DISCUSS AND PROVIDE DIRECTION REGARDING A NEW WATER WELL\nPresented by Mina Mikhael, P.E., Director of Public Works/City Engineer

21. DISCUSS AND PROVIDE DIRECTION REGARDING THE CITY’S PARTICIPATION\nIN THE ORANGE COUNTY POWER AUTHORITY (OCPA) AND DIRECTION FROM\nTHE CITY COUNCIL REGARDING THE CITY'S MEMBERSHIP\nPresented by Christopher G. Cardinale, City Attorney

22. DISCUSS AND PROVIDE DIRECTION REGARDING A LEGISLATIVE RECESS IN\nTHE MONTH OF AUGUST\nPresented by Jessica Fewer, Senior Management Analyst

23. DISCUSS AND PROVIDE DIRECTION REGARDING THE CITY’S MEMBERSHIP\nWITH THE ASSOCIATION OF CALIFORNIA CITIES - ORANGE COUNTY (ACC-OC)\nPresented by Jessica Fewer, Senior Management Analyst

24. CITY MANAGER REPORT

25. COMMISSION/COMMITTEE APPOINTMENTS/REMOVALS

3. TREASURER'S REPORT FOR THE MONTH OF APRIL 2023\nPurpose: Review the Treasurer’s Investment Report prepared by the Finance\nDepartment for the month of April 2023. There is no fiscal impact in receiving this\nreport.\nRecommended Action:\n1) Receive and file the reports.

4. PROCLAMATION RECOGNIZING JUNE 19, 2023 AS JUNETEENTH\nRecommended Action: Approve proclamation.

5. REJECT ALL BIDS AND RE-ADVERTISE THE CHARLES A LINDBERGH PARK,\nJOHN BEAT PARK, SAN ANTONIO PARK AND SAN MARINO PARK ADA\nIMPROVEMENTS PROJECT\nPurpose: Authorize the Public Works Department and City Clerk’s Office to reject the\nbids received on May 10, 2023, for the Charles A. Lindbergh Park, John Beat Park, San\nAntonio Park and San Marino Park Project, and re-advertise the project for bids.\nRecommended Action: That the City Council: 1) Reject all bids; and, 2) Authorize the\nCity Clerk to re-advertise the project for bids.

6. FINAL PAYMENT FOR THE CITYWIDE PARKS STREETLIGHT UPGRADES\nPROJECT\nPurpose: Authorize the Public Works Department to issue final payment and file a\nNotice of Completion for the Citywide Parks Streetlight Upgrades Project. Associated\ncosts in the amount of $186,489.83 will be funded by the American Rescue Act Plan\n(ARPA) funds allocated from the County of Orange via Supervisor Doug Chaffee\n(Account No. 11-9806-190134).\nRecommended Action: 1) Accept project as complete and approve final payment to J.\nKim Electric, Inc. in the amount of $177,165.34; and, 2) Authorize the Public Works\nDepartment to file a Notice of Completion.

7. APPROVAL OF THE 2023-2024 MEASURE M2 SEVEN-YEAR CAPITAL\nIMPROVEMENT PROGRAM AND RESOLUTIONS CONCERNING THE STATUS\nAND UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN, THE\nCIRCULATION ELEMENT, AND THE MITIGATION FEE PROGRAM FOR THE\nMEASURE M (M2) PROGRAM\nPurpose: Adopt an updated CIP to maintain Measure M2 Program eligibility, and adopt\na resolution concerning the Local Signal Synchronization Plan and Circulation Element\nand Mitigation Fee Program to comply with OCTA requirements for future funding\nopportunities. Amend the FY 2023-2024 Measure M2 Seven-Year CIP to add the\nMalvern Chapman TSSP Project. There is no budget impact with the approval of these\nprograms, plans, and resolutions. However, approval of these items will allow the City\nto maintain compliance for future funding.\nRecommended Action: 1) Approve the Measure M2 Seven-Year Capital Improvement\nProgram (CIP); 2) Adopt a resolution concerning the status and update of the Local\nSignal Synchronization Plan (LSSP) for the Measure M (M2) Program; 3) Adopt a\nresolution concerning the status and update of the Circulation Element and Mitigation\nFee Program for the M2 Program; 4) Authorize the City Clerk to certify the Resolution\nadoption; and, 5) Authorize staff to submit the necessary documentation to the Orange\nCounty Transportation Authority (OCTA).

8. RESOLUTION DESIGNATING PROJECTS TO SUBMIT TO THE CALIFORNIA\nTRANSPORTATION COMMISSION (CTC) FOR FUNDING UNDER THE ROAD\nMAINTENANCE AND REHABILITATION ACCOUNT (RMRA) AND\nINCORPORATING THE DESIGNATED PROJECTS INTO THE FISCAL YEAR\n2023-2024 CAPITAL IMPROVEMENT PROGRAM BUDGET\nPurpose: Authorize the Public Works Department to submit projects to the CTC for\nfunding under the RMRA. A budget amendment in the amount of $3,241,874 is\nrequired to fund the designated projects, $2,041,874 of which will be funded by the\nanticipated RMRA allocation, $200,000 from the Measure M2 Fund and $1,000,000\nfrom the Gas Tax Fund.\nRecommended Action: 1) Adopt a resolution designating projects to submit to the\nCalifornia Transportation Commission (CTC) for funding under the Road Maintenance\nand Rehabilitation Account (RMRA) and incorporating the designated projects into the\nFY 2023-2024 Capital Improvement Program (CIP) budget; and, 2) Approve a budget\namendment in the amount of $3,241,874 appropriating funds for the designated\nprojects.

9. PROFESSIONAL SERVICES AGREEMENT WITH HUE LUU, P.E., FOR BUILDING\nPLAN REVIEW AND ENGINEERING SERVICES FOR FISCAL YEAR 2023-2024\nPurpose: Authorize the Community and Economic Development Department to execute\na contract with a professional plan review engineer to provide building plan review and\nengineering services for the permitting of commercial and residential projects.\nAssociated costs in the amount of $167,000 are included in the Building Division's\nproposed FY 2023-24 Professional and Contractual Services budget\n(11-6240-731150).\nRecommended Action: 1) Approve a professional services agreement with Hue Luu,\nP.E., to provide professional building plan review and engineering services in the\namount of $167,000 for FY 2023-2024; 2) Authorize the City Manager and City Attorney\nto make any necessary, non-monetary changes to the agreement; and, 3) Authorize the\nCity Manager and City Clerk to execute the agreement.