agenda - City of Buena Park [PDF]

AGENDA BUENA PARK CITY COUNCIL REGULAR MEETING TUESDAY, JULY 9, 2013 5 P.M. PUBLIC HEARINGS AT 6 P.M.

COUNCIL CHAMBER 6650 BEACH BOULEVARD BUENA PARK, CALIFORNIA

CALL TO ORDER

5 P.M.

ROLL CALL

COUNCIL MEMBER STEVE BERRY COUNCIL MEMBER ARTHUR C. BROWN COUNCIL MEMBER FRED R. SMITH MAYOR PRO TEM MILLER OH MAYOR ELIZABETH SWIFT

INVOCATION

PASTOR EDGAR SURIYA, PRAISE CHAPEL CHRISTIAN FELLOWSHIP

PLEDGE OF ALLEGIANCE

JAY SALTZBERG, PLANNING MANAGER

PRESENTATIONS

ORANGE COUNTY VECTOR CONTROL UPDATE Presented by Board Member Michael Davis

Our core values are excellence, communication, teamwork, commitment, respect, and integrity. This agenda contains a brief general description of each item to be considered. The detailed staff reports and supporting documents are available for review and copying in the City Clerk’s office. The City Council and Agency Board are prohibited from discussing or taking action on any item which is not included in this agenda, except as otherwise provided by law. The order of business as it appears on this agenda may be modified by City Council. Any person with an impairment pursuant to the Americans with Disability Act who needs special accommodations should call the City Clerk at 714/562-3754. Please turn off all cell phones when the meeting is in session.

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Agenda

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PUBLIC COMMENT Any member of the public may speak on any item on the agenda. Those wishing to speak are asked to complete a speaker identification form located at the council chamber entrance and hand it to the city clerk. The speaker form assists the Mayor in ensuring all persons wishing to speak are recognized. The speaker’s name will be called at the time the item is heard. If comments do not relate to a specific agenda item, they will be taken during Oral Communications at the end of the agenda. Speakers are limited to no more than five minutes each. CONSENT CALENDAR NOTICE The items listed under the Council Consent Calendar are considered routine business and will be voted on together by one motion unless a Council Member requests separate action. At this time the City Council or public may ask to speak on any item on the Consent Calendar. CONSENT CALENDAR (1 – 4) 1.

APPROVAL OF MINUTES Meetings of June 11, 2013, 5 p.m., and June 25, 2013, 4 p.m. Recommended Action: Approve.

2.

RESOLUTIONS APPROVING CLAIMS AND DEMANDS Recommended Action: Adopt resolutions.

3.

RESOLUTION AUTHORIZING SIGNATORY ON DOCUMENTS ASSOCIATED WITH THE RESIDENTIAL HOME IMPROVEMENT LOAN AND GRANT PROGRAMS AND FIRST TIME HOME BUYER PROGRAM Purpose: To update signatory authority for the Home Improvement Program and Grant Programs and First Time Home Buyer Program as the result of personnel changes. Recommended Action: 1) Adopt a resolution authorizing the City Manager and the Economic Development Administrator to be signatory on documents associated with the Home Improvement Loan and Grant Programs and the First Time Home Buyer Program; and 2) Authorize the City Clerk to record the adopted resolution.

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Agenda 4.

July 9, 2013

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LEGAL SERVICES CONTRACTS Purpose: To approve contracts for worker’s compensation legal services retained by the City. Recommended Action: 1) Approve an agreement with John B. Tharp, Attorney at Law; 2) Approve an agreement with Law Offices of Tous & Associates; 3) Authorize the City Attorney and City manager to make any non-monetary changes; and 4) Authorize the City Manager and City Clerk to execute the agreements.

END OF CONSENT CALENDAR

NEW BUSINESS (5 - 7)

5.

RESOLUTIONS AMENDING THE BUENA PARK MANAGEMENT EMPLOYEES COMPENSATION PLAN ESTABLISHING THE VISITOR SERVICES AND SALES MANAGER JOB CLASSIFICATION AND SALARY RANGE AND THE TECHNICAL, OFFICE, AND PROFESSIONAL MEMORANDUM OF UNDERSTANDING ESTABLISHING THE SALES AND MARKETING ASSISTANT CLASSIFICATION AND SALARY RANGE Staff report by Eddie Fenton, Director of Human Resources & Risk Management Purpose: To adopt job classification specifications and reorganize the California Welcome Center and Visit Buena Park Divisions to improve sales and marketing efforts. Recommended Action: 1) Adopt a resolution amending the Buena Park Management Employees Compensation Plan to include a Visitor Services and Sales Manager classification at Salary Range 782; 2) Approve the new job classification of Visitor Services and Sales Manager and salary range; 3) Adopt a resolution amending the Technical, Office, and Professional Memorandum of Understanding to include a Sales and Marketing Assistant classification at Salary Range 120; 4) Approve the new job classification of Sales and Marketing Assistant and salary range; 5) Allocate an additional $ 37,000 from the Economic Development Fund for the FY13-14 budget; and 6) Authorize a budget transfer in the amount of $7,000.

6.

AGREEMENT FOR AUDIT SERVICES WITH BADAWI & ASSOCIATES Staff report by Sung Hyun, Director of Finance Purpose: To approve a three year agreement for audit services for the City of Buena Park and the Buena Park Foundation. Recommended Action: 1) Approve an agreement with Badawi & Associates for audit services for the City of Buena Park and the Buena Park Foundation; and 2) Authorize the Mayor and City Clerk to execute the professional services agreement.

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Agenda 7.

July 9, 2013

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2012-2013 AND 2013-2014 ANNUAL PAVEMENT REHABILITATION PROGRAM Staff report by Nabil S. Henein, Deputy City Engineer Purpose: To combine funds for the 2012-2013 and 2013-2014 Annual Pavement Rehabilitation Program to complete additional areas and transfer additional funds to cover project costs. Recommended Action: 1) Approve the combining of FY 2012-2013 and FY 2013-2014 pavement rehabilitation programs into one project; and 2) Approve a budget transfer in the amount of $232,000 to cover the total amount of the project.

CALL TO ORDER 6 P.M. PUBLIC HEARING ( 8 ) 8.

PUBLIC HEARING - ORDINANCE TO AMEND ZONING CODE SECTIONS 19.308.030 AND TABLE 19.312.010, AND ADD SECTION 19.348.070 TO DIVISION 3, AMEND SECTION 19.408.030 AND TABLE 19.412.010, AND ADD SECTION 19.448.070 TO DIVISION 4, AMEND TABLE 19.512.010 AND ADD SECTION 19.552.120 TO DIVISION 5 OF TITLE 19 OF THE BUENA PARK MUNICIPAL CODE PERTAINING TO EMERGENCY SHELTERS, TRANSITIONAL AND SUPPORTIVE HOUSING AND AFFORDABLE HOUSING INCENTIVES AS REQUIRED BY STATE LAW Staff report by Jennifer Wallis, Assistant Planner Purpose: To update the City’s Zoning Ordinance to comply with State law regarding Emergency Shelters, Transitional and Supportive Housing (SB 2), and Affordable Housing Incentives (SB 1818). Recommended Action: Adopt an ordinance approving Text Amendment No. C13-001.

ORAL COMMUNICATIONS The public may at this time speak regarding any city-related issue. Any person desiring to speak should complete a speaker’s identification form located at the council chamber entrance and hand it to the city clerk. Speakers are limited to no more than five minutes each. MAYOR/CITY COUNCIL REPORTS

CITY MANAGER REPORT

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STUDY SESSION (9-18) (Adjourn to Conference Room) 9.

CALIFORNIA HERO PROGRAM Staff report by Aaron France, Assistant to the City Manager

10.

DOGS IN CITY PARKS Discussion requested by City Council

11.

TRAUMA INTERVENTION PROGRAM Discussion requested by City Council

12.

NAMING A STREET IN HONOR OF DANIEL ACKERMAN Discussion requested by City Council

13.

POLICY REGARDING PROCLAMATIONS AND CERTIFICATES Discussion requested by City Council

14.

COUNCIL COMMITMENTS AND ATTENDANCE AT VARIOUS EVENTS Discussion requested by City Council

15.

CITY COUNCIL CALENDAR a. Scheduling dates for future City Council meetings. b. Identifying items for future discussion.

16.

CITY COUNCIL REPORT

17.

CITY MANAGER REPORT

18.

COMMISSION/COMMITTEE APPOINTMENTS/REMOVALS

ADJOURNMENT - to July 23, 2013, at 4 p.m.

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MINUTES OF CITY COUNCIL MEETING OF THE CITY OF BUENA PARK HELD JUNE 11, 2013 Vol. 45 Pg. 13 CALL TO ORDER The City Council met in a regular session on Tuesday, June 11, 2013, at 5 p.m., in the City Council Chamber of the Civic Center, 6650 Beach Boulevard, Buena Park, California, Mayor Swift presiding. ROLL CALL PRESENT: ABSENT:

Berry, Brown, Oh, Smith, Swift None (Oh left the meeting at 8:52 p.m.)

Also present were: Jim Vanderpool, City Manager; Steven L. Dorsey, City Attorney; and Shalice Tilton, City Clerk. INVOCATION The invocation was led by Pastor Douglas Scholten, Christ Community Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Nabil Henein, Deputy City Engineer. PRESENTATIONS Council Member Brown presented a fifteen-year employee service award to Patrick Carney of the Police Department. Council Member Berry presented a fifteen-year employee service award to Chris Pimentel of the Police Department. Baron Night, Buena Park Cable Foundation Treasurer, presented a Buena Park Cable Foundation Communications Scholarship to Mandi Ortiz, Chapman University. Council Member Brown presented a Buena Park Cable Foundation Communications Scholarship to Brittany Soto, Buena Park High School. Council Member Berry announced Buena Park Cable Foundation Communications Scholarship recipient Keith Yoder, who was unable to attend the presentation. Public Works Director Jim Biery presented winners of the Public Works Week poster contest: Madeline Yassa, Buena Terra Elementary, and Justin Lo, St. Pius V Elementary. Mary Ivelia, Librarian, and Phyllis Nisle, Librarian, announced the Buena Park Library Summer Reading program to be held from June 15 through August 10. Mayor Swift acknowledged and thanked members of the Orange County Grand Jury, who were in attendance. CONSENT CALENDAR (1 - 7) Mayor Swift announced that Consent Calendar Items 1 through 7 would be acted upon by one motion affirming the actions as recommended on the agenda and agenda bills submitted and inquired if anyone present desired to have any item removed for separate consideration. There being no requests for separate consideration the following action was taken: MOTION: SECOND: AYES: NOES:

Oh Berry Oh, Berry, Brown, Smith, Swift None

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MOTION CARRIED that all actions recommended on Consent Calendar Items 1 through 7 be approved. CONSENT CALENDAR (1 – 7) Minutes 1. APPROVAL OF MINUTES Meetings of May 14, 2013, 5 p.m., May 28, 2013, 4 p.m., and May 28, 2013, 5 p.m. Recommended Action: Approve. APPROVED. Finance 75 2. RESOLUTIONS APPROVING CLAIMS AND DEMANDS Recommended Action: Adopt resolutions. (2) ADOPTED the following titled resolutions: RESOLUTION NO. 12903: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $598,218.14, COVERING REGULAR PAYROLL ENDING MAY 10, 2013 RESOLUTION NO. 12904: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,705,749.09 DEMAND NOS. 360072 THROUGH 360313 CANCELLED NOS 359979, 360001, 360034 AND 360052 VOIDS SEE ATTACHED LIST Strategic Planning 142 3. ADOPTION OF THE 2013-2015 STRATEGIC PLAN Purpose: To recognize the Strategic Plan as the City’s vision and implementation plan for the next two years. Recommended Action: Adopt the 2013-2015 Strategic Plan. APPROVED the recommended action. Purchasing 127 4. PURCHASE OF DELL COMPUTERS AND RELATED SOFTWARE Purpose: To replace computer hardware and software within scheduled guidelines. Recommended Action: 1) Dispense with the competitive bidding process pursuant to Buena Park Municipal Code Section 3.28.08; and 2) Authorize the purchase of 37 desktop computers, monitors, and related software from Dell in the amount of $52,923.28. APPROVED the recommended action. Finance 76 5. WATER BILL INSERT FOR SILVERADO DAYS Purpose: To increase public awareness and bolster attendance for the 2013 Silverado Days community festival and its City sponsored events. Recommended Action: Approve a water bill insert advertising the 2013 Silverado Days. APPROVED the recommended action. Boards & Committees 42 6. COMMISSION/COMMITTEE APPOINTMENT Purpose: Commission appointments as recommended by Mayor Swift.

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Recommended Action: 1) Confirm reappointment of Ruth Walp to the Fine Arts Commission for a term that will expire June 14, 2016; 2) Confirm appointment of Yikwom Kim to the Fine Arts Commission for a term that will expire June 10, 2016; and 3) Confirm appointment of Sandra Forsythe to the Fine Arts Commission for a term that will expire June 10, 2016. APPROVED the recommended action. Proclamations 119 7. PROCLAMATION – BUD HURLBUT DAY Recommended Action: Approve proclamation. APPROVED the recommended action. NEW BUSINESS (8 - 11) Contracts 70 C-2112 8. AGREEMENT WITH SOUTHEAST AREA ANIMAL CONTROL AUTHORITY (SEAACA) FOR FY13-14 ANIMAL CONTROL SERVICES Staff report by Aaron France, Assistant to the City Manager Purpose: To contract animal control field and shelter services for the City. Recommended Action: Approve the proposed Animal Control Agreement with SEAACA for FY13-14. MOTION: SECOND: AYES: NOES:

Brown Smith Brown, Smith, Oh, Berry, Swift None

MOTION CARRIED to approve the recommended action. Contracts 70 C-1477 9. UPGRADE OF LASERFICHE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM Staff report by Shalice Tilton, City Clerk Purpose: To upgrade the City’s optical imaging records management system to make documents available to the public via the website, streamline business processes, and safeguard records. Recommended Action: 1) Approve a Professional Services Agreement with Compulink Management Center, Inc. dba Laserfiche in the amount of $99,948 for the Laserfiche Rio upgrade; 2) Authorize the City Manager and City Attorney to make any non-monetary changes to the agreement; 3) Authorize expenditures not to exceed $45,000 for hardware and server upgrades; 4) Approve a budget allocation of $99,948 from the Asset Forfeiture Fund and $45,000 from the Undesignated General Fund for this purpose; and 5) Authorize the City Manager and City Clerk to execute the agreement. MOTION: SECOND: AYES: NOES:

Smith Berry Smith, Berry, Oh, Brown, Swift None

MOTION CARRIED to approve the recommended action. Block Grants 1913 10. CHANGES TO THE PROPOSED ACTIVITIES FOR (2013-2014) 39TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Staff report by Martha Archuleta, Administrative Analyst Purpose: To review and approve the proposed changes to the 2013-2014 CDBG Program Budget.

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Recommended Action: Review and approve the changes to the 2013-2014 Community Development Block Grant (CDBG) Program Budget as approved by Council on March 26, 2013, and at Study Session on April 23, 2013. Council Member Smith announced that he would be abstaining on this item because of his affiliation with the Buena Park Coordinating Council, a recipient of grant funds under Public Services. Council Member Smith left the room. MOTION: SECOND: AYES: NOES: ABSTAIN:

Brown Berry Brown, Berry, Oh, Swift None Smith

MOTION CARRIED to approve the CDBG Budget Matrix for Public Service as presented (Smith abstained). Council Member Smith returned to the meeting. MOTION: SECOND: AYES: NOES:

Oh Berry Oh, Berry, Brown, Smith, Swift None

MOTION CARRIED to approve the recommended action. This includes an allocation of $50,109 for Housing Rehabilitation – Loans and Rebates. PW Proj. 125 PW-780; Contracts 70 C-2494 (2); Contracts 70 C-2495 (5); Contracts 70 C-2496 (6) 11. LA PALMA AVENUE STREET IMPROVEMENTS FROM BEACH BOULEVARD TO EAST CITY LIMIT Staff report by Nabil S. Henein, Deputy City Engineer Purpose: To award a contract for roadway rehabilitation of La Palma Avenue from Beach Boulevard to east City limit and approve an agreement for construction inspection services. Recommended Action: 1) Adopt a resolution approving plans and specifications; 2) Award a contract to R.J. Noble Company in the amount of $1,496,372.67; 3) Approve contingency funds in the amount of $150,000 in the same purchase order; 4) Authorize the City Manager and the City Clerk to execute the said contract; 5) Authorize the City Manager and the City Clerk to execute an agreement with Engineering Resources of Southern California, Inc. in the amount of $59,475 for inspection services; 5) Approve a budget transfer in the amount of $400,000; and 6) Approve a Joint Participation Agreement with the City of Anaheim. MOTION: SECOND: AYES: NOES:

Brown Smith Brown, Smith, Berry, Oh, Swift None

MOTION CARRIED to approve the recommended action and ADOPT the following titled resolution. RESOLUTION NO. 12905: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK APPROVING PLANS AND SPECIFICATIONS FOR LA PALMA AVENUE STREET IMPROVEMENTS FROM BEACH BOULEVARD TO EAST CITY LIMIT IN SAID CITY ORAL COMMUNICATIONS Mayor Swift announced that this is the time for the public to speak on any city-related issue and inquired if anyone present desired to speak. Baron Night announced the Buena Park Community Chorus “Sing a Rainbow” concert to be held June 22 and June 23 at the Walter D. Ehlers Community Center.

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There being no further requests to speak, Mayor Swift closed oral communications. MAYOR/CITY COUNCIL REPORTS Council Member Smith reported on the following: May 30 Knott’s Berry Farm opening of Boardwalk May 30 retirement celebration for Don Godfrey and Jess Davis June 5 Orange County Sanitation District Board Meeting June 8 Young Leaders of Orange County Math Tutoring Program June 10 Opening of Best Host Inn (formerly Crescent Motel) Council Member Brown reported on the following: April 30 Association of Orange County Cities Infrastructure Summit June 1 Buena Park/La Palma Relay for Life benefitting the American Cancer Society June 6 Southern California Association of Governments Regional Council Meeting June 7 Girl Scout Court of Awards honoring Kenya Johnson, recipient of the Gold Award June 10 Sign Unveiling for the Best Host Inn (formerly Crescent Motel) June 11 Grand Opening for Giving Children Hope Free Medical Clinic Council Member Berry reported on the following: Summer concerts to begin June 12 at Boisseranc Park Mayor Pro Tem Oh reported on the following: June 1 Relay for Life Event—he thanked Alice Burnett, Chair Mayor Swift reported on the following: Knott’s Berry Farm Boardwalk Opening Relay for Life Event May 31 Nancy Rios retirement after 38 years for Buena Park School District Dysinger School 4th Grade Patriotic Musical Education Commission meeting State of the District for Anaheim Union High School District June 10 Best Host Inn reopening June 12 Orange County Fire Authority Budget and Finance Committee Meeting CITY MANAGER REPORT City Manager Vanderpool announced that the summer concert series begins June 12, and the City’s swimming pools open June 16. RECESS Mayor Swift recessed the meeting at 6:18 p.m. and announced the meeting would be reconvened in the Main Conference Room for study session. The meeting was reconvened at 6:50 p.m. STUDY SESSION (12 - 21) (Adjourn to Conference Room) 12.

LAW ENFORCEMENT ACCREDITATION FOR POLICE DEPARTMENT

Present for the discussion was Police Chief Corey Sianez. Police Chief Sianez gave a presentation on the Commission on Accreditation for Law Enforcement Agencies (CALEA) accreditation process. He gave his recommendation that the

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City Council authorize staff to take the necessary action to obtain accreditation. As an accredited agency, the Buena Park Police Department would have elite status as a nationallyrecognized professional law enforcement agency. Accreditation serves as a wellness tool, and the department would be inspected by professional assessors every three years. As an accredited agency, the police department would meet established professional standards. The accreditation process begins with a self-assessment phase that takes approximately 24 to 36 months to review and modify policies, procedures, practices, and facilities to meet professional standards. Such an undertaking requires a dedicated manager, and Chief Sianez recommended that the assignment be undertaken through the creation of a promotional lieutenant position or by hiring a part-time employee who has experience with the accreditation process. Asset forfeiture funds could be used to fund the accreditation process. Following discussion, the City Council directed that staff bring back formal action to allocate funds and begin the process. 13.

SISTER CITIES PROGRAM

Mayor Pro Tem Oh reported that the Sister Cities Committee desires to form a non-profit corporation and is requesting financial assistance from the City. The committee is requesting approximately $2,000 and needs full support so that the program is distinguished and sustainable. Mayor Pro Tem Oh commented that Cheong Ju, Korea, was previously identified as the City’s sister city under an informal arrangement; however, that city is now in a formal sister city relationship with another city. He commented that another city in Korea has expressed interest in a sister city relationship with the City. Mayor Pro Tem Oh commented that a Sister City program could serve as a marketing tool and generate tourism interest. During discussion, it was acknowledged that the City Council previously discussed the program and determined that, due to lack of financial resources, that the City would support a privatelysponsored program. Following discussion, the majority of the City Council determined that the City could support the Sister City Committee with meeting space and three hours of staff time per month, but financial constraints do not allow additional funding. Mayor Pro Tem Oh dissented. 14.

PROPOSED PREFERENTIAL PARKING DISTRICT NO. 2 - VIA VICO CIRCLE

Present for the discussion was Dennis D. Barnes, Traffic and Transportation Manager. Mr. Barnes reported that the City has adopted a process for establishing preferential parking. All 19 residents of Via Vico Circle have unanimously requested that a preferential parking district be established on Via Vico Circle. Staff has determined that the following conditions exist on Via Vico Circle making it eligible for preferential parking: 1) 2) 3) 4)

The need for a preferential parking district is of ongoing nature. More than 50% of on-street parking spaces are occupied during the late evening. The area is adjacent to an apartment complex that causes an unusual parking demand. The proposed district constitutes a reasonably self-contained area. The parking problem cannot spill over onto Orange Avenue as parking is prohibited on both sides of the street.

On May 2, 2012, the Traffic and Traffic Transportation Commission unanimously favored establishing a preferential parking district on Via Vico Circle. Dale Hird, a resident of Via Vico, reported that there have been ongoing problems for 21 years with trash and noise disturbance. He commented that the Traffic and Transportation Commission supported including the two houses on Orange Avenue that are also impacted by overflow parking from the adjacent apartment complex. Vesna McKay, a resident of Via Vico, stated that the residents are 100% in support of permit parking as overflow parking creates nuisances due to noise, trash, and car alarms. Additionally non-residents block the street sweeper and drive at excessive speeds. Following discussion, the City Council directed that staff proceed with the process for formally establishing a preferential parking district on Via Vico Circle. The City Council also recommended that the $500 application be refunded if there is unanimous support for the preferential parking district.

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SMOKE-FREE RECREATIONAL AREAS

Present for the discussion was David Reynoso, representing the American Lung Association, Center for Tobacco Policy & Organizing. Mr. Reynoso gave a presentation regarding secondhand exposure and recommended that the City adopt an ordinance to restrict smoking in all recreation areas. It was explained that state law prohibits smoking within 25 feet of tot lots and playgrounds, and the request is for the City to establish stronger laws to prohibit smoking in all recreation areas. Ken Anderson, a Buena Park resident, commented cigarettes are legal and people have a right to smoke. He suggested establishing smoking areas. Following discussion, the City Council favored some type of restriction on smoking in residential areas provided that there are designated smoking areas. The City Council directed staff to bring back draft language for further consideration. Miller Oh left the meeting at 8:52 p.m. 16.

LEGAL SERVICES REVIEW

Present for the discussion were Jim Vanderpool, City Manager, and Aaron France, Assistant to the City Manager. Mr. Vanderpool and Mr. France presented an overview of the general legal services provided to the City. Three of the City’s attorney firms, Richards, Watson & Gershon (RWG), Liebert, Cassidy & Whitmore (LCW), and Jones & Mayer have requested increases in their fee schedules. Rates for the City’s general counsel have not increased since 2005. The City Council reviewed and approved the proposed increases as outlined in the written staff report. Formal action on the contracts will be taken at a future meeting. Mayor Pro Tem Oh was absent and Council Member Berry dissented on LCW. Contracts 70 C-2497 17. VEHICLE MAINTENANCE AND REPAIR AGREEMENT WITH THE CITY OF LA PALMA Staff report by Jim Biery, Director of Public Works Recommended Action: Approve a vehicle maintenance and repair agreement with the City of La Palma. Mr. Biery reported that the Public Works Department has maintained the City of La Palma’s vehicle fleet for the last ten years. This was done under an informal agreement. Both cities now have new City Managers and believe it is in both cities’ mutual interest to formalize this arrangement. Buena Park and the City of La Palma have agreed on an hourly rate of $70 per hour for maintenance or repair labor. This will cover the City’s costs for staff labor as well as administrative costs. There will be no mark up for any parts associated with the repairs. MOTION: SECOND: AYES: NOES: ABSENT:

Smith Berry Smith, Berry, Brown, Swift None Oh

MOTION CARRIED to approve a vehicle maintenance and repair agreement with the City of La Palma. (Addendum) Park & Rec. Dept. 108 17A. ASA GIRLS SOFTBALL USE OF CITY PARKS Ms. Riley reported that ASA Girls Softball is requesting that the fee be waived for field rental for an off season tournament. The hourly rate for use of the fields is $18 per hour, and this is the same rate charged in the past to ASA and to other youth sports organizations. Following discussion, the City Council favored reducing the rate for the field charges.

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City Council Minutes MOTION: SECOND AYES: NOES: ABSENT:

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Smith Swift Smith, Swift, Berry, Brown None Oh

MOTION CARRIED to reduce the field charges to $400. Council Member Brown and Council Member Smith offered to donate funds to ASA towards the $400. 18.

CITY COUNCIL CALENDAR

The following items were scheduled for future discussion: Funding for the Education Commission for a 6th Grade Eco-Challenge field trips to the Discovery Science Center. (Swift) Qualifying income for sewer and paramedic fee exemptions. (Swift) 19.

CITY COUNCIL REPORT

No report. 20.

CITY MANAGER REPORT

City Manager Vanderpool reported on the following: City employees will be holding a potluck dinner prior to the opening of the summer concerts on June 12. The Chamber of Commerce is hosting a reception for City Council Members and staff on June 18 at the Knott’s Resort Hotel. 21.

COMMISSION/COMMITTEE APPOINTMENTS/REMOVALS

The ad hoc committee recommended the reappointments of Harriet Moses and Selwyn Gibson to the Citizens Advisory Committee. ADJOURNMENT There being no further business, Mayor Swift adjourned the meeting at 10:05 p.m. to Tuesday, June 25, 2013, at 4 p.m. for closed session. The regular meeting will begin at 5 p.m.

ATTEST:

____________________________ Mayor

_________________________________ City Clerk

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Item 01

MINUTES OF AN ADJOURNED MEETING OF BUENA PARK CITY COUNCIL HELD JUNE 25, 2013 Vol. 45 Pg. 21 CALL TO ORDER The City Council met in an adjourned session on Tuesday, June 25, 2013, at 4 p.m. in the Council Chamber, 6650 Beach Boulevard, Buena Park, California, Mayor Swift presiding. ROLL CALL PRESENT: ABSENT:

Berry, Brown, Oh, Smith, Swift None

Also present were: Jim Vanderpool, City Manager; and Shalice Tilton, City Clerk. ORAL COMMUNICATIONS Mayor Swift announced the public may at this time address the members of the City Council on any matters within the jurisdiction of the City Council. There being none, Mayor Swift closed oral communications. CLOSED SESSION (1 – 5) Mayor Swift stated the need for a closed session as scheduled and ordered the meeting into closed session in the City Council Conference Room. 1.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Gov. Code Section 54956.8 Property: 10051 Bernadette Avenue (Dickerson) and 6000 Ball Road (Larwin) APN 13431134 Negotiating Parties: Joel W. Rosen, Barry Blade Under Negotiation: Price and Terms

The City Council received a status report. No reportable action was taken. 2.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Gov. Code Section 54596.8 Property: 6555 Beach Boulevard Negotiating Parties: Joel W. Rosen and Katie Wanamaker Under Negotiation: Price and Terms

This item was removed from the agenda with no action taken. 3.

CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Gov. Code Section 54957.6 Agency Negotiator: Eddie Fenton, Director of Human Resources and Risk Management Employee Organization: Buena Park Police Management Association

The City Council gave direction to its negotiator. No reportable action was taken. (Added by Addendum) 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Gov. Code Section 54956.9 (a) Name of Case: Pannam Corporation vs. City of Buena Park, Buena Park City Council, and DOES 1 through 50, inclusive, Respondents/Defendants The City Council authorized a settlement agreement.

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June 25, 2013

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Mayor Swift reconvened the meeting in open session and the City Attorney announced reportable action as indicated above for each item. ADJOURNMENT There being no further business, Mayor Swift adjourned the meeting at 5 p.m.

ATTEST:

____________________________________ Mayor

_________________________________ City Clerk

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Item 02

RESOLUTION NO ______ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,564,449.16 DEMAND NOS. 360499 THROUGH 360747 CANCELLED NOS. 358652, 360029, 360349, 360380, AND 360475 VOIDS SEE ATTACHED LIST NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: That in accordance with Section 37202 of the Government Code, the Director of Finance or his designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.

_____________________________ Director of Finance SECTION 2: That claims and demands Nos. 360499 through 360747 in the sum of $1,564,449.16 set forth on the 22-page register attached to this resolution and made a part hereof have been audited as required by law and are hereby allowed as set forth. PASSED AND ADOPTED this _____ day of _______________ 2013 by the following called vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ___________________________ City Clerk

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RESOLUTION NO. _______ Page 2

I hereby certify that the foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park held this _____ day of _______________ 2013. _______________________________ City Clerk

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SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

1

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

1011 358652 1011 358652 1011 358652 1011 358652 1011 358652 TOTAL CHECK

02/27/13 02/27/13 02/27/13 02/27/13 02/27/13

107420 107420 121110 121110 121110

V V V V V

00001657 00001657 00001657 00001657 00001657

LIEBERT LIEBERT LIEBERT LIEBERT LIEBERT

CASSIDY CASSIDY CASSIDY CASSIDY CASSIDY

WHITMORE WHITMORE WHITMORE WHITMORE WHITMORE

SALES TAX

AMOUNT

CHARALAMBOUS LIT HOLLIDAY/SHEA BANKS TERM HOLLIDAY LIT GENERAL SERVICES

0.00 0.00 0.00 0.00 0.00 0.00

−32,330.83 −732.25 −95.00 −715.00 −906.44 −34,779.52

1011

360029 V 05/08/13 00010033 KIMBERLY STRICKLER

275150

SCOREKEEP 4/13−26/13

0.00

−60.00

1011

360349 V 06/05/13 00002148 RON CATANZARITI

650208

REIMB/FTO 5/7−9/13

0.00

−24.00

1011 360380 V 06/05/13 00006843 KEVIN GANO 1011 360380 V 06/05/13 00006843 KEVIN GANO TOTAL CHECK

650208 650208

REIMB/FTO 5/7−9/13 TRG/DRUG 5/13−23/13

0.00 0.00 0.00

−24.00 −72.00 −96.00

1011

360475 V 06/05/13 00002714 CHAD WEAVER

650208

TRG/DRUG 5/13−23/13

0.00

−72.00

1011

360499

06/19/13 00000932 CHARLES L. WALKEN

997100

BOARD UP AGENCY PROP

0.00

2,245.00

1011 360500 1011 360500 1011 360500 1011 360500 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13

10003451 10003451 10003451 10003451

A A A A

T T T T

& & & &

T T T T

732085 170670 650302 650302

5213772 5222524 8275969 8291203

MAY−13 MAY−13 MAY−13 MAY−13

0.00 0.00 0.00 0.00 0.00

91.10 3,585.22 87.73 86.83 3,850.88

1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794

A A A A A A A A A A A A A A A A A A A A A A A A A A A

T T T T T T T T T T T T T T T T T T T T T T T T T T T

& & & & & & & & & & & & & & & & & & & & & & & & & & &

T T T T T T T T T T T T T T T T T T T T T T T T T T T

650302 650302 650302 650302 650302 650302 170670 170670 170670 170670 170670 170670 170670 170670 170670 732099 170670 170670 170670 106121 170670 170670 170670 170670 170670 170670 170670

4411675 MAY−13 6709460 MAY−13 5235911 MAY−13 5231078 MAY−13 7391562 MAY−13 7398370 MAY−13 6909704 JUNE−13 5629408 JUNE−13 6700585 JUNE−13 8310002593397 JUNE−13 2364831 JUNE−13 7392709 JUNE−13 7390920 JUNE−13 7394234 JUNE−13 8215705 JUN−13 8211578 JUNE−13 5212623 MAY−13 7394921 MAY−13 5623800 MAY−13 5233441 MAY−13 5223389 MAY−13 5210257 MAY−13 5224809 MAY−13 5217781 MAY−13 6709064 MAY−13 5620186 MAY−13 5623838 MAY−13

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

15.93 45.26 24.94 100.92 16.24 15.93 45.26 63.97 45.26 641.91 15.93 15.62 15.93 97.58 14.67 116.66 15.93 15.93 269.53 169.70 45.26 15.93 65.88 15.93 74.57 30.27 144.50 Council Meeting of 7/9/2013 Page 18

360503 360503 360503 360503 360503 360503 360503 360503 360503 360503 360503 360503 360503 360503 360503 360503 360503 360503 360503 360503 360503 360503 360503 360503 360503 360503 360503

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

2

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

SALES TAX

AMOUNT

1011 360503 1011 360503 1011 360503 1011 360503 1011 360503 1011 360503 1011 360503 1011 360503 1011 360503 1011 360503 1011 360503 1011 360503 1011 360503 1011 360503 1011 360503 1011 360503 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

5620914 5628092 9941387 3444277 2289026 5623563 5212890 5214252 5629103 5219316 5211843 7360356 5276904 7391360 2363856 7395012

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

60.92 164.91 45.24 179.34 62.01 69.56 46.62 30.58 14.67 15.93 73.32 181.24 14.67 15.93 702.84 91.15 3,924.37

1011

360504

06/19/13 10002933 A T & T BUSINESS SERVICE 170670

0509258950001 MAY−13

0.00

161.82

1011

360505

06/19/13 00005626 ABBA PEST/BEE EMERGENCY

170670

PEST CONTROL SERVICES

0.00

554.00

1011

360506

06/19/13 10005126 ACE UNIFORMS INC.

651612

EMBROIDER 4 SHIRTS

0.00

337.76

1011

360507

06/19/13 00000002 ADAMSON INDUSTRIES

651612

6 HOLSTERS

0.00

300.84

1011

360508

06/19/13 00000005 ADT SECURITY SERVICES, I 170670

ALARM REPAIRS

0.00

614.00

1011

360509

06/19/13 10004653 AHERN RENTALS

EQUIPMENT RENTAL

0.00

334.69

1011

360510

06/19/13 00000082 AHMC ANAHEIM REGIONAL ME 650604

PD ASSAULT EXAM

0.00

750.00

1011

360511

06/19/13 10002123 AIREMASTERS AIR CONDITIO 170670

PD HVAC REPAIR

0.00

1,172.89

1011

360512

06/19/13 00002907 AIRGAS SAFETY INC

STOCK SUNSCREEN WIPES

43.12

582.12

10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794 10003794

A A A A A A A A A A A A A A A A

T T T T T T T T T T T T T T T T

& & & & & & & & & & & & & & & &

T T T T T T T T T T T T T T T T

660241 170670 170670 170670 170670 170670 997100 170670 650302 650302 650302 650302 170670 170670 170670 170670

560210

11

MAY−13 MAY−13 MAY−13 MAY−13 MAY−13 MAY−13 MAY−13 MAY−13 MAY−13 MAY−13 MAY−13 MAY−13 MAY−13 MAY−13 MAY−13 JUNE−13

1011 360513 1011 360513 TOTAL CHECK

06/19/13 00005342 ALBERT GROVER & ASSOCIAT 590025 06/19/13 00005342 ALBERT GROVER & ASSOCIAT 590025

EMG SUPPORT/FINAL PAY INTEGRATE TRAF SIGNAL

0.00 0.00 0.00

720.00 2,415.00 3,135.00

1011 360514 1011 360514 TOTAL CHECK

06/19/13 00001651 ALBERTSONS INC 06/19/13 00001651 ALBERTSONS INC

EVENT SUPPLIES EVENT SUPPLIES

0.00 0.00 0.00

76.81 47.71 124.52

1011

360515

06/19/13 10003198 ALL CITY MANAGEMENT SERV 550502

SCH CRS GUARD MAY−13

0.00

12,265.34

1011

360516

06/19/13 00006012 AMBIUS INC

170670

PLANT SERVICE/JUN−13

0.00

239.76

1011

360517

06/19/13 10005120 APWA SOUTHERN CALIF. CHA 560220

GREEN BK CF/D.BARNES

0.00

90.00

1011

360518

06/19/13 10005120 APWA SOUTHERN CALIF. CHA 560220

GREEN BK CF N.WRAY

0.00

90.00

275310 275310

Council Meeting of 7/9/2013 Page 19

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

3

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

SALES TAX

AMOUNT

1011

360519

06/19/13 10005120 APWA SOUTHERN CALIF. CHA 560220

GR BK CF F.GUTIERREZ

0.00

110.00

1011

360520

06/19/13 10002905 ASSOCIATION OF CALIF CIT 105105

(2) AWARDS 06/27/13

0.00

100.00

1011

360521

06/19/13 10002905 ASSOCIATION OF CALIF CIT 121110

BRING LEARN TO WK CF.

0.00

1,100.00

1011 360522 1011 360522 TOTAL CHECK

06/19/13 10004868 AVI−CON INC. 06/19/13 10004868 AVI−CON INC.

29 290094

PMT#4 RET WALTER D. EHLERS PROJ

0.00 0.00 0.00

−10,055.55 201,110.93 191,055.38

1011

360523

06/19/13 00010773 BARNES UPHOLSTERY INC

171710

UPHOLSTERY REPAIRS

0.00

393.27

1011

360524

06/19/13 00010376 BEWLEY LASSIEBEN & MILLE 997100

CDW/APRIL−2013

0.00

240.00

1011

360525

06/19/13 10002405 BMI GENERAL LICENSING IN 275105

MUSIC LIC FEE FY13/14

0.00

783.00

1011

360526

06/19/13 10000374 DEVIN BOYINGTON

650208

K−9 3−COLLAR CF 6/4−6

0.00

87.39

1011

360527

06/19/13 10002369 BRINK’S INCORPORATED

11

SERVICE FOR MAY−13

0.00

476.27

1011

360528

06/19/13 00010646 IVAN RODRIQUEZ

171710

VEHICLE ACCESSORIES

0.00

109.99

1011

360529

06/19/13 10004999 BUENA SANDS APARTMENTS

52

UB REFUND

0.00

35.00

1011 360530 1011 360530 TOTAL CHECK

06/19/13 10005129 RICHARD CABRAL 06/19/13 10005129 RICHARD CABRAL

275135 275135

YT OFFICIAL 5/11−24 YT OFFIC 5/25−6/7/13

0.00 0.00 0.00

32.00 32.00 64.00

1011

360531

06/19/13 00000021 CALIF FORENSIC PHLEBOTOM 650402

PD BLOOD TESTS

0.00

1,257.75

1011 360532 1011 360532 TOTAL CHECK

06/19/13 10003398 CALIF PROPERTY SPECALIST 997100 06/19/13 10003398 CALIF PROPERTY SPECALIST 997100

RELOC/STANTON/OR’THO RELOC/STANTON/OR’THO

0.00 0.00 0.00

150.00 1,700.00 1,850.00

1011

360533

06/19/13 10001949 CALIFORNIA TRAVEL MEDIA

106122

CALIF ROAD TRIP−2012

0.00

10,000.00

1011

360534

06/19/13 00002431 CALPERS FISCAL SERVICES

196200

FY12−13 ARC/OPEB TRUS

0.00

150,000.00

1011

360535

06/19/13 00000407 CAMERON WELDING SUPPLY C 171710

PROPANE

0.00

35.00

1011 360536 1011 360536 TOTAL CHECK

06/19/13 00000204 CARL WARREN & COMPANY CO 107420 06/19/13 00000204 CARL WARREN & COMPANY CO 107420

K.SHEA C.CHARALAMBOUS

0.00 0.00 0.00

353.40 322.56 675.96

1011 1011 1011 1011 1011 1011 1011 1011

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

IRRIGATION IRRIGATION IRRIGATION IRRIGATION IRRIGATION IRRIGATION SEWER SHOP IRRIGATION

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

360537 360537 360537 360537 360537 360537 360537 360537

00000023 00000023 00000023 00000023 00000023 00000023 00000023 00000023

CARSON CARSON CARSON CARSON CARSON CARSON CARSON CARSON

SUPPLY SUPPLY SUPPLY SUPPLY SUPPLY SUPPLY SUPPLY SUPPLY

CO CO CO CO CO CO CO CO

INC INC INC INC INC INC INC INC

875810 875810 875810 875810 875810 875810 352363 875810

SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES

240.20 293.04 287.34 273.46 294.84 193.13 64.74 283.82 Council Meeting of 7/9/2013 Page 20

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

4

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

SALES TAX

AMOUNT

1011 360537 1011 360537 1011 360537 1011 360537 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13

875810 875810 875810 875810

IRRIGATION IRRIGATION IRRIGATION IRRIGATION

SUPPLIES SUPPLIES SUPPLIES SUPPLIES

0.00 0.00 0.00 0.00 0.00

233.28 276.05 186.04 178.20 2,804.14

1011

06/19/13 00002148 RON CATANZARITI

650208

FTO UPDATE 5/7−9/13

0.00

55.20

1011 360539 1011 360539 1011 360539 1011 360539 1011 360539 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

460220 352267 352267 352267 352267

TRASH FLYER/SETUP FEE WATER BILL PROC/MAY13 POSTAGE/MAY−13 WATER BILL PROC/MAY13 POSTAGE/MAY13

0.00 0.00 0.00 0.00 0.00 0.00

100.00 3,580.00 5,534.90 2,355.65 6,427.90 17,998.45

1011 360540 1011 360540 TOTAL CHECK

06/19/13 10004918 CENTEXT LEGAL SERVICES, 06/19/13 10004918 CENTEXT LEGAL SERVICES,

107420 107420

ALVAREZ/FERGUSON PRAE ALVAREZ/FERGUSON PRAE

0.00 0.00 0.00

1,820.00 3,598.55 5,418.55

1011

360541

06/19/13 00003995 CHARLES R. SIMPSON

875810

BPCC FENCING

0.00

3,000.00

1011

360542

06/19/13 10004766 ISAIAH CHAVEZ

275135

YT OFFIC 5/25−6/7/13

0.00

16.00

121110 126120 160105 275105 352267 631140 650302 731120 731150 997100

COPIER COPIER COPIER COPIER COPIER COPIER COPIER COPIER COPIER COPIER

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

255.81 255.81 255.81 255.81 255.81 85.26 255.81 85.26 85.26 456.85 2,247.49

0.00

3,009.50

1,506.00 0.00 1,506.00

20,331.00 1,389.00 21,720.00

360538

00000023 00000023 00000023 00000023

10003028 10003028 10003028 10003028 10003028

CCS/ZDI CCS/ZDI CCS/ZDI CCS/ZDI CCS/ZDI

SUPPLY SUPPLY SUPPLY SUPPLY

INC INC INC INC

INC. INC. INC. INC. INC.

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

1011

06/19/13 00000206 CLINICAL LAB OF SAN BERN 352358

WATER TEST SAMPLES

1011 360545 1011 360545 TOTAL CHECK

06/19/13 00007665 COAST RECREATION 06/19/13 00007665 COAST RECREATION

PLAYGROUND EQUIPMENT F PLAYGROUND EQUIPMENT

1011

06/19/13 00010209 COLLICUTT ENERGY SERVICE 170670

GENERATOR REPAIRS

0.00

882.16

1011 360547 1011 360547 1011 360547 1011 360547 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13

POOL POOL POOL POOL

0.00 0.00 0.00 0.00 0.00

995.68 929.30 475.00 421.63 2,821.61

1011

360548

06/19/13 10000669 CONCENTRA MEDICAL CENTER 121110

PRE EMPL PHYS/MAY−13

0.00

3,614.95

1011

360549

06/19/13 00010548 CORELOGIC INFORMATION SO 631140

WIN2DATA/MAY−13

0.00

108.37 Council Meeting of 7/9/2013 Page 21

360546

10003119 10003119 10003119 10003119

CIT CIT CIT CIT CIT CIT CIT CIT CIT CIT

CO CO CO CO

1011 360543 1011 360543 1011 360543 1011 360543 1011 360543 1011 360543 1011 360543 1011 360543 1011 360543 1011 360543 TOTAL CHECK 360544

00010849 00010849 00010849 00010849 00010849 00010849 00010849 00010849 00010849 00010849

CARSON CARSON CARSON CARSON

TECHNOLOGY TECHNOLOGY TECHNOLOGY TECHNOLOGY TECHNOLOGY TECHNOLOGY TECHNOLOGY TECHNOLOGY TECHNOLOGY TECHNOLOGY

COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL

FINANCING FINANCING FINANCING FINANCING FINANCING FINANCING FINANCING FINANCING FINANCING FINANCING

AQUATIC AQUATIC AQUATIC AQUATIC

290061 290061

SERVI SERVI SERVI SERVI

290043 875820 875820 875820

LEASE/JUNE−13 LEASE/JUNE−13 LEASE−JUNE−13 LEASE/JUNE−13 LEASE/JUNE−13 LEASE/JUNE−13 LEASE/JUNE−13 LEASE/JUNE−13 LEASE/JUNE−13 LEASE/JUNE−13

REPAIRS CHEMICALS MAINT. CHEMICALS

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

5

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

SALES TAX

AMOUNT

1011 360549 TOTAL CHECK

06/19/13 00010548 CORELOGIC INFORMATION SO 732091

WIN2DATA/MAY−13

0.00 0.00

104.13 212.50

1011

06/19/13 10004529 ANNA CORTEZ

275135

REF/PNUT B−BALL#83787

0.00

37.00

1011 360551 1011 360551 TOTAL CHECK

06/19/13 00001060 COUNTY OF ORANGE 06/19/13 00001060 COUNTY OF ORANGE

20 651607

ASSET FORFEIT13−03990 ASSET INT.13−03990

0.00 0.00 0.00

1,463.00 3.66 1,466.66

1011

360552

06/19/13 10002389 COUNTY OF ORANGE TREASUR 550502

SURCHG ON CIT/APR−13

0.00

12,436.00

1011

360553

06/19/13 10002389 COUNTY OF ORANGE TREASUR 650402

COMMUNICATION/MAY−13

0.00

256.17

1011

360554

06/19/13 00000031 CROWN TROPHY

YOUTH B−BALL TROPHIES

193.60

2,613.60

360550

275135

1011 360555 1011 360555 TOTAL CHECK

06/19/13 10002087 D & M LANDSCAPE MAINTENA 998100 06/19/13 10002087 D & M LANDSCAPE MAINTENA 997100

LNDSCPE AGENCY PROP LNDSCPE AGENCY PROP

0.00 0.00 0.00

375.00 800.00 1,175.00

1011 360556 1011 360556 1011 360556 1011 360556 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13

352363 352363 452410 352363

WELL MAINT. WELL MAINT. WELL MAINT. SEWER SHOP SUPPLIES

0.00 0.00 0.00 0.00 0.00

1,182.81 250.29 141.89 79.56 1,654.55

1011 360557 1011 360557 TOTAL CHECK

06/19/13 00010874 DAPPER TIRE CORP 06/19/13 00010874 DAPPER TIRE CORP

171710 171710

TIRES TIRES

0.00 0.00 0.00

166.58 520.60 687.18

1011

06/19/13 00002853 CANDIS DAVIS

275305

BALLROOM 6/4/13

0.00

97.50

1011 360559 1011 360559 TOTAL CHECK

06/19/13 10004557 KDC, INC. 06/19/13 10004557 KDC, INC.

24 590024

PMT#6 RET SYNC. TRAF SIGNALS

0.00 0.00 0.00

−113.19 2,263.82 2,150.63

1011 360560 1011 360560 1011 360560 1011 360560 1011 360560 1011 360560 1011 360560 1011 360560 1011 360560 1011 360560 1011 360560 1011 360560 1011 360560 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

650303 650303 650303 731120 650303 650303 650303 650303 650303 650303 650303 650303 650303

12 COMPUTERS FOR 12 COMPUTERS FOR 12 COMPUTERS FOR COMPUTER MONITOR 12 COMPUTERS FOR 12 COMPUTERS FOR 12 COMPUTERS FOR 12 COMPUTERS FOR 12 COMPUTERS FOR 12 COMPUTERS FOR 12 COMPUTERS FOR 12 COMPUTERS FOR 12 COMPUTERS FOR

0.00 0.00 0.00 18.78 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 18.78

1,640.44 728.41 1,463.89 253.47 3,296.82 1,463.89 2,941.99 390.47 173.38 348.45 3,303.99 1,467.07 2,948.38 20,420.65

1011 1011

06/19/13 00000492 DEPARTMENT OF JUSTICE 06/19/13 00000492 DEPARTMENT OF JUSTICE

650302 11

FINGERPRINT/MAY−13 FINGERPRINT/MAY−13

0.00 0.00

64.00 2,727.00 Council Meeting of 7/9/2013 Page 22

360558

360561 360561

00003813 00003813 00003813 00003813

00000741 00000741 00000741 00000741 00000741 00000741 00000741 00000741 00000741 00000741 00000741 00000741 00000741

DANGELO DANGELO DANGELO DANGELO

DELL DELL DELL DELL DELL DELL DELL DELL DELL DELL DELL DELL DELL

CO CO CO CO

INC. INC. INC. INC.

MARKETING MARKETING MARKETING MARKETING MARKETING MARKETING MARKETING MARKETING MARKETING MARKETING MARKETING MARKETING MARKETING

L L L L L L L L L L L L L

P P P P P P P P P P P P P

PD PD PD PD PD PD PD PD PD PD PD PD

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

6

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

SALES TAX

AMOUNT

1011 360561 TOTAL CHECK

06/19/13 00000492 DEPARTMENT OF JUSTICE

121110

FINGERPRINT/MAY−13

0.00 0.00

576.00 3,367.00

1011

360562

06/19/13 10005118 DEPT OF INDUSTRIAL RELAT 170670

CONVEYANCE/SR.CTR.

0.00

125.00

1011

360563

06/19/13 10003397 GLENN DIMSON

11

REF HALL RT#3844

0.00

500.00

452410 560211 452410 560211 452410 560211

AUTOCAD/ENGINEERING AUTOCAD/ENGINEERING AUTOCAD/ENGINEERING AUTOCAD/ENGINEERING AUTOCAD/ENGINEERING AUTOCAD/ENGINEERING

0.00 0.00 0.00 0.00 0.00 0.00 0.00

2,614.78 2,614.78 2,230.32 2,230.32 3,558.87 3,558.87 16,807.94

1011 360564 1011 360564 1011 360564 1011 360564 1011 360564 1011 360564 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

00008652 00008652 00008652 00008652 00008652 00008652

DLT DLT DLT DLT DLT DLT

SOLUTIONS, SOLUTIONS, SOLUTIONS, SOLUTIONS, SOLUTIONS, SOLUTIONS,

INC. INC. INC. INC. INC. INC.

1011

360565

06/19/13 10000557 REGINA R. DOWLIN

275150

SCOREKEEP 5/25−6/7/13

0.00

110.00

1011

360566

06/19/13 10000001 CITY OF DOWNEY

160108

SEAACA 1 INSTAL 13/14

0.00

168,147.50

0.00 0.00 0.00 0.00

456.76 579.00 1,705.00 2,740.76

5.89 5.89 0.35 0.00 0.00 12.13

81.89 81.89 4.85 6.34 95.94 270.91

1011 360567 1011 360567 1011 360567 TOTAL CHECK

06/19/13 00009627 EMCOR SERVICE MESA ENERG 170670 06/19/13 00009627 EMCOR SERVICE MESA ENERG 170670 06/19/13 00009627 EMCOR SERVICE MESA ENERG 170670

POOL MAINT. HVAC REPAIRS HVAC MAINTENANCE

1011 360568 1011 360568 1011 360568 1011 360568 1011 360568 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

UNIFORM UNIFORM UNIFORM UNIFORM UNIFORM

1011

06/19/13 00006560 ENTERPRISE FLEET SERVICE 650603

LEASE (4) VEH/JUNE−13

0.00

1,918.19

1011 360570 1011 360570 1011 360570 1011 360570 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13

10005043 10005043 10005043 10005043

ERGO ERGO ERGO ERGO

651607 651607 651607 651607

PD PD PD PD

0.00 0.00 0.00 0.00 0.00

2,211.75 1,105.87 178.05 298.59 3,794.26

1011 360571 1011 360571 1011 360571 1011 360571 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13

00004797 00004797 00004797 00004797

EVENTS EVENTS EVENTS EVENTS

275130 275130 275130 275130

EVENT EVENT EVENT EVENT

RENTALS RENTALS RENTALS RENTALS

0.00 0.00 0.00 0.00 0.00

119.83 154.84 268.45 115.05 658.17

1011

06/19/13 00008579 EXPERIAN CORP.

650105

MIN SVC CHG/MAY−13

0.00

77.00

I.ALVAREZ J.BOTELLO SALGADO

0.00 0.00 0.00 0.00

4,560.63 1,717.95 573.50 6,852.08

360569

360572

1011 360573 1011 360573 1011 360573 TOTAL CHECK

00000039 00000039 00000039 00000039 00000039

ENTENMANN ENTENMANN ENTENMANN ENTENMANN ENTENMANN

ROVIN ROVIN ROVIN ROVIN ROVIN

GENESIS GENESIS GENESIS GENESIS

COMPANY COMPANY COMPANY COMPANY COMPANY

BY BY BY BY

NOONAN NOONAN NOONAN NOONAN

650208 650208 650208 650208 650102

06/19/13 00004661 FERGUSON, PRAET & SHERMA 107420 06/19/13 00004661 FERGUSON, PRAET & SHERMA 107420 06/19/13 00004661 FERGUSON, PRAET & SHERMA 107420

BADGE BADGE BADGE BADGE BADGE #1089

DISPATCH DISPATCH DISPATCH DISPATCH

CHAIRS CHAIRS CHAIRS CHAIRS

Council Meeting of 7/9/2013 Page 23

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

7

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

SALES TAX

AMOUNT

1011

360574

06/19/13 10003190 FOOD FOR LESS

275310

EVENT SUPPLIES

0.00

31.64

1011

360575

06/19/13 00000045 FORD ELECTRONICS INC

352358

SHOP SUPPLIES

0.00

113.24

1011

360576

06/19/13 00009009 FOUNDATION FOR CROSS− CO 160105

MEMBERSHIP/J.BIERY

0.00

1,000.00

1011

360577

06/19/13 10002147 FUJITEC AMERICA, INC.

170670

ELEVATOR MAINT.

0.00

316.40

1011

360578

06/19/13 00000046 FULLER ENGINEERING INC

352358

WELL CHEMICALS

0.00

570.40

1011

360579

06/19/13 00005844 FUN EXPRESS INC.

11

CONSIGNMENT SETTLEMNT

0.00

742.50

651612 651612 651612 651612 651612 651612 651612 651612 631140 732091

PD UNIFORM PD UNIFORM PD UNIFORM PD UNIFORM PD UNIFORM PD UNIFORM PD UNIFORM PD UNIFORM BRIEFCASE BRIEFCASE

SUPPLIES SUPPLIES SUPPLIES SERVICES SUPPLIES SUPPLIES SUPPLIES SUPPLIES

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.88 7.86 8.74

31.31 31.31 70.17 79.88 53.99 427.59 213.80 57.24 11.87 106.11 1,083.27

170670 875810 875810 275150 170670 997100 875810 875810 875815 170670 170670 875810 875820 875810 875810 275145 170670 875810 170670 875810 875810 352363 997100 875815 875810 875815 452410 352363

EVENT SUPPLIES PARK MAINT. PARK MAINT. FIELD SUPPLIES POOL REPAIRS HARDWARE SUPPLIES PARK MAINT. KEYS GRAFFITI PARK MAINT. POOL REPAIRS PARK MAINT. PARK MAINT. PARK MAINT. PARK MAINT. KEYS POOL MAINT. PARK MAINT. BUG SPRAY PARK MAINT. PARK MAINT. SEWER SHOP SUPPLIES SHOP SUPPLIES GRAFFITI PARK MAINT. GRAFFITI SMALL TOOLS SHOP SUPPLIES

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

21.59 49.12 51.44 12.73 32.37 10.76 32.27 2.15 41.80 8.62 89.26 101.56 159.05 269.98 4.29 8.60 21.56 86.39 14.02 41.64 31.01 73.39 60.44 88.60 47.24 41.40 86.38 21.58 Council Meeting of 7/9/2013 Page 24

1011 360580 1011 360580 1011 360580 1011 360580 1011 360580 1011 360580 1011 360580 1011 360580 1011 360580 1011 360580 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

00006038 00006038 00006038 00006038 00006038 00006038 00006038 00006038 00006038 00006038

GALLS GALLS GALLS GALLS GALLS GALLS GALLS GALLS GALLS GALLS

1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166

GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL

360582 360582 360582 360582 360582 360582 360582 360582 360582 360582 360582 360582 360582 360582 360582 360582 360582 360582 360582 360582 360582 360582 360582 360582 360582 360582 360582 360582

INC INC INC INC INC INC INC INC INC INC

UNIFORM UNIFORM UNIFORM UNIFORM UNIFORM UNIFORM UNIFORM UNIFORM UNIFORM UNIFORM

LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER

CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO

CENTER CENTER CENTER CENTER CENTER CENTER CENTER CENTER CENTER CENTER

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

8

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

SALES TAX

AMOUNT

1011 360582 1011 360582 1011 360582 1011 360582 1011 360582 1011 360582 1011 360582 1011 360582 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

560640 875815 352363 275160 170670 997100 170670 170670

STREET MAINT. GRAFFITI SMALL TOOLS PARK MAINT. PARK MAINT. SHOP SUPPLIES PARK MAINT. PARK MAINT.

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

46.72 27.48 110.40 86.39 66.89 9.17 4.75 32.95 1,893.99

1011 360583 1011 360583 TOTAL CHECK

06/19/13 00006843 KEVIN GANO 06/19/13 00006843 KEVIN GANO

650208 650208

FTO UPDATE 5/7−9/13 TRG DRUG 5/13−23/13

0.00 0.00 0.00

55.20 115.74 170.94

1011

360584

06/19/13 00000730 BRADLEY GEYER

650208

SLI CLS 7/8−10/13

0.00

410.78

1011

360585

06/19/13 10004276 GIVING CHILDREN HOPE

732080

REIMB CDBG 12−13

0.00

2,140.00

1011

360586

06/19/13 00002994 DANIEL GOMEZ

275150

SCOREKEEP 5/24−6/7/13

0.00

40.00

1011

360587

06/19/13 00009844 MABELLE GONZALES

275120

TINY TOTS/MAY−13

0.00

1,708.00

1011

360588

06/19/13 00000055 GRAINGER INC

11

STOCK JANITORIAL

9.13

123.25

1011

360589

06/19/13 10005134 JULIA GRUMMETT

101101

MEMORIAL DAY WREATH

0.00

125.00

1011

360590

06/19/13 10005135 KAREN HAYHURST

11

REIMB/PRE K SUPPLIES

0.00

112.48

1011

360591

06/19/13 10001660 RONALD K. HINCKLEY

275120

PHOTOGRAPHY/MAY−13

0.00

96.60

1011

360592

06/19/13 00002854 VERONICA HOCHEDE

275305

BLRM 5/31,6/5,7/13

0.00

318.75

1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011

360594 360594 360594 360594 360594 360594 360594 360594 360594 360594 360594 360594 360594 360594 360594 360594 360594 360594 360594 360594

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

352567 352367 452410 452410 452410 352567 352358 352367 352363 170670 170670 352567 875810 560640 875810 170670 875810 170670 875820 875820

WATER SHOP SUPPLIES SMALL TOOLS SEWER SHOP SUPPLIES SEWER SHOP SUPPLIES SEWER SHOP SUPPLIES SEWER SHOP SUPPLIES SEWER SHOP SUPPLIES WATER SHOP SUPPLIES WATER SHOP SUPPLIES SMALL TOOLS CWC MAINT. RET. MATERIALS PARKS MAINT. STREET MAINT. PARKS MAINT. PARK POOL REPAIRS PARK MAINT. PARK MAINT. POOL MAINT. POOL MAINT.

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

00002166 00002166 00002166 00002166 00002166 00002166 00002166 00002166

00000057 00000057 00000057 00000057 00000057 00000057 00000057 00000057 00000057 00000057 00000057 00000057 00000057 00000057 00000057 00000057 00000057 00000057 00000057 00000057

GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL GANAHL

HOME HOME HOME HOME HOME HOME HOME HOME HOME HOME HOME HOME HOME HOME HOME HOME HOME HOME HOME HOME

LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER LUMBER

DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT

/ / / / / / / / / / / / / / / / / / / /

CO CO CO CO CO CO CO CO

GECF GECF GECF GECF GECF GECF GECF GECF GECF GECF GECF GECF GECF GECF GECF GECF GECF GECF GECF GECF

44.25 237.25 275.26 251.09 134.32 67.99 322.92 116.47 295.41 106.92 45.59 −35.64 56.92 223.94 264.89 40.98 20.02 170.09 23.66 116.28 Council Meeting of 7/9/2013 Page 25

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

9

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

1011 360594 1011 360594 1011 360594 1011 360594 1011 360594 1011 360594 1011 360594 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

352363 352363 560640 352567 560640 170670 170670

1011

06/19/13 00006447 HOME PIPE & SUPPLY CORP

170670

360595

00000057 00000057 00000057 00000057 00000057 00000057 00000057

HOME HOME HOME HOME HOME HOME HOME

DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT

/ / / / / / /

GECF GECF GECF GECF GECF GECF GECF

SALES TAX

AMOUNT

SEWER SHOP SUPPLIES SEWER SHOP SUPPLIES STREET MAINT. SEWER SHOP SUPPLIES STREET MAINT. PARK MAINT. PD SUPPLIES

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

61.13 37.77 78.38 187.89 247.28 61.43 224.81 3,677.30

PARK MAINT.

0.00

247.26

1011 360596 1011 360596 TOTAL CHECK

06/19/13 10000774 INLAND VALLEY SLADDEN IN 590103 06/19/13 10000774 INLAND VALLEY SLADDEN IN 997100

GEOTECHNICAL SERVICES STORAGE TANK REMOVAL

0.00 0.00 0.00

3,588.00 1,864.00 5,452.00

1011

06/19/13 10005102 ISLAND SNACKS

52

UB REFUND

0.00

231.57

171710 171710 171710 171710 171710 171710 171710 171710 171710 171710 171710 171710 171710

AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO

PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

479.76 193.20 17.54 85.85 106.94 7.00 373.65 57.15 40.22 31.54 15.77 98.70 28.86 1,536.18

360597

1011 360598 1011 360598 1011 360598 1011 360598 1011 360598 1011 360598 1011 360598 1011 360598 1011 360598 1011 360598 1011 360598 1011 360598 1011 360598 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

1011

06/19/13 00004440 JMG SECURITY SYSTEMS INC 170670

ALARM MONITORING

0.00

465.00

1011 360600 1011 360600 1011 360600 1011 360600 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13

650402 631140 732091 121101

PD MATTERS/MAY−13 PROF.SVC/MAY−13 PROF.SVC/MAY−13 PERSONNEL BOARD PREP

0.00 0.00 0.00 0.00 0.00

2,486.62 1,337.69 237.99 387.50 4,449.80

1011

360601

06/19/13 10003773 KARAGINES FAMILY TRUST

101101

COOR−CNCL JULY RENT

0.00

747.50

1011

360602

06/19/13 10001345 TIM KEARNS

275135

YT OFFIC 5/25−6/7/13

0.00

140.00

1011

360603

06/19/13 10004881 KEENAN & ASSOCIATES

121140

SPACE AWARENESS TRG

0.00

550.00

1011

360604

06/19/13 00009350 KIMBERLY KELEMEN

275135

YT OFFIC 5/25−6/7/13

0.00

20.00

1011

360605

06/19/13 10005131 VEENA KHANNA

275120

LEISURE CLS REF#83918

0.00

42.00

1011

360606

06/19/13 10005142 PAUL KHEM

11

E13−0062/5829 LOS PAC

0.00

100.00

360599

00009561 00009561 00009561 00009561 00009561 00009561 00009561 00009561 00009561 00009561 00009561 00009561 00009561

00000674 00000674 00000674 00000674

JACKSON’S JACKSON’S JACKSON’S JACKSON’S JACKSON’S JACKSON’S JACKSON’S JACKSON’S JACKSON’S JACKSON’S JACKSON’S JACKSON’S JACKSON’S

LAW LAW LAW LAW

OFFICE OFFICE OFFICE OFFICE

AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO

OF OF OF OF

SUPPLY SUPPLY SUPPLY SUPPLY SUPPLY SUPPLY SUPPLY SUPPLY SUPPLY SUPPLY SUPPLY SUPPLY SUPPLY

JONES JONES JONES JONES

& & & &

IN IN IN IN IN IN IN IN IN IN IN IN IN

MA MA MA MA

Council Meeting of 7/9/2013 Page 26

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

10

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

SALES TAX

AMOUNT

1011

360607

06/19/13 10003543 MOLLY H. KNOX

275305

EXERCISE CLSS

0.00

146.25

1011

360608

06/19/13 10004450 LA CONSULTING, INC.

396829

SEWER OPER PLAN/JUN13

0.00

2,366.55

1011

360609

06/19/13 10002698 LAND DEVELOPMENT DESIGN

731120

PROFESSIONAL SVC

0.00

759.49

1011

360610

06/19/13 00003755 LEBARD & UNDERWOOD INC

171710

MOTORCYCLE REPAIRS

0.00

288.29

I I I I

875820 875820 875820 875820

POOL POOL POOL POOL

0.00 0.00 0.00 0.00 0.00

180.47 268.68 243.40 292.31 984.86

WHITMORE WHITMORE WHITMORE WHITMORE WHITMORE

121110 121110 121110 107420 107420

GENERAL SERVICES HOLLIDAY LIT J.BANKS TERM HOLLIDAY/SHEA CHARALAMBOUS LIT

0.00 0.00 0.00 0.00 0.00 0.00

906.44 715.00 95.00 732.25 32,330.83 34,779.52

1011 360611 1011 360611 1011 360611 1011 360611 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13

00000069 00000069 00000069 00000069

LESLIE’S LESLIE’S LESLIE’S LESLIE’S

1011 360612 1011 360612 1011 360612 1011 360612 1011 360612 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

00001657 00001657 00001657 00001657 00001657

LIEBERT LIEBERT LIEBERT LIEBERT LIEBERT

1011

360613

06/19/13 00000074 LINCOLN & KNOTT CAR WASH 171710

CAR WASHES

0.00

619.00

1011

360614

06/19/13 00010009 RUBEN LOPEZ

105105

REIMB/ICSC EXPENSE

0.00

583.17

1011 360615 1011 360615 1011 360615 TOTAL CHECK

06/19/13 00000077 LU’S LIGHTHOUSE INC 06/19/13 00000077 LU’S LIGHTHOUSE INC 06/19/13 00000077 LU’S LIGHTHOUSE INC

171710 171710 171710

REPAIR PARTS REPAIR PARTS REPAIR PARTS

0.00 0.00 0.00 0.00

11.24 19.98 67.50 98.72

1011 360616 1011 360616 1011 360616 1011 360616 1011 360616 1011 360616 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

650604 11 650604 650604 650604 650604

SALES TAX OFF SET SALES TAX CSI SUPPLIES CSI SUPPLIES CSI SUPPLIES CSI SUPPLIES

0.00 0.00 0.00 0.00 0.00 0.00 0.00

8.34 −8.34 29.85 52.50 29.85 8.00 120.20

1011

360617

06/19/13 10005000 MAGRUM, JACKIE

52

UB REFUND

0.00

11.34

1011

360618

06/19/13 00003348 MAJOR LEAGUE SOFTBALL IN 275150

SOFTBALL MAY−13

0.00

532.00

1011

360619

06/19/13 00003560 MARKSMAN MANUFACTURING

171710

TRAILER JACKS

0.00

212.55

1011

360620

06/19/13 10004770 SKYLER MC COY

275135

YT OFFIC 5/25−6/7/13

0.00

48.00

1011 360621 1011 360621 TOTAL CHECK

06/19/13 00000941 METAL DEPOT 06/19/13 00000941 METAL DEPOT

875810 875810

PARKS MAINT. PARKS MAINT.

0.00 0.00 0.00

38.42 115.84 154.26

1011 1011

06/19/13 00003714 METRO FLUID CONNECTORS I 875815 06/19/13 00003714 METRO FLUID CONNECTORS I 875815

GRAFFITI GRAFFITI

0.00 0.00

360622 360622

00003268 00003268 00003268 00003268 00003268 00003268

LYNN LYNN LYNN LYNN LYNN LYNN

POOL POOL POOL POOL

SUPPLIES SUPPLIES SUPPLIES SUPPLIES

CASSIDY CASSIDY CASSIDY CASSIDY CASSIDY

PEAVEY PEAVEY PEAVEY PEAVEY PEAVEY PEAVEY

CORP CORP CORP CORP CORP CORP

SUPPLIES SUPPLIES SUPPLIES SUPPLIES

30.66 89.55 Council Meeting of 7/9/2013 Page 27

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

11

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

SALES TAX

AMOUNT

1011 360622 TOTAL CHECK

06/19/13 00003714 METRO FLUID CONNECTORS I 171710

REPAIR PARTS

0.00 0.00

107.82 228.03

1011 360623 1011 360623 TOTAL CHECK

06/19/13 00000086 MICROFLEX CORP 06/19/13 00000086 MICROFLEX CORP

11 11

STOCK LATEX GLOVES STOCK LATEX GLOVES

114.24 91.39 205.63

1,542.24 1,233.79 2,776.03

1011

360624

06/19/13 00000698 MIKE LINARES INC

732071

CDBG CONSUL/APR−MAY13

0.00

892.50

1011

360625

06/19/13 10000030 HILDA S. MILES

275120

HULA DANCE MAY−13

0.00

588.00

1011

360626

06/19/13 10001962 MITSUBISHI ELECTRIC & EL 170670

ELEVATOR MAINT.

0.00

298.04

1011

360627

06/19/13 00004552 MANUEL MUGICA

650208

ICI

0.00

58.00

1011

360628

06/19/13 10003118 MULTI SALES, INC.

170670

PD GATE REPAIRS

0.00

190.80

1011

360629

06/19/13 00000728 MUNICIPAL WATER DIST OF

352510

WATER DELIVERY/MAY−13

0.00

361,873.78

1011

360630

06/19/13 00001041 THE MUSIC ACADEMY INC

275120

PIANO/MAY−13

0.00

546.00

1011

360631

06/19/13 10005116 PETER MUT

11

REF HALL RT#3740

0.00

500.00

1011

360632

06/19/13 00010291 NAGASAKI & ASSOCIATES

97

APPRAISAL/6190 AUTO C

0.00

3,200.00

1011

360633

06/19/13 00010205 NATIONAL DATA & SURVEYIN 560220

PARKING COUNTS

0.00

940.00

1011

360634

06/19/13 10002921 NATIONAL READY MIXED CON 560211

STREET MAINT.

0.00

677.60

1011

360635

06/19/13 10003980 NORTH AMERICAN YOUTH ACT 275120

KIDZ SOCCER/APR−13

0.00

900.90

1011 360636 1011 360636 1011 360636 1011 360636 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13

11 11 11 11

7886 8650 8530 8422

0.00 0.00 0.00 0.00 0.00

50.00 50.00 50.00 50.00 200.00

1011

360637

06/19/13 10005124 OCLEEAA

650208

AWARDS DINNER

0.00

40.00

1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011

360638 360638 360638 360638 360638 360638 360638 360638 360638 360638 360638 360638 360638

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

121135 160105 121135 121135 121135 650604 650604 650604 650604 650302 650302 650302 650302

OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE

10004133 10004133 10004133 10004133

00000099 00000099 00000099 00000099 00000099 00000099 00000099 00000099 00000099 00000099 00000099 00000099 00000099

OC OC OC OC

CLERK−RECORDER CLERK−RECORDER CLERK−RECORDER CLERK−RECORDER

OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE

DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT DEPOT

HALL HALL HALL HALL

O O O O

CF GANG 5/20−24

VALLEY VIEW BEACH BEACH COUNTRY CLUB

SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES

2.56 12.88 2.40 0.74 0.56 17.86 5.48 7.71 0.22 0.33 3.04 0.11 0.81

34.54 173.87 32.38 9.97 7.62 241.22 73.96 104.06 2.95 4.45 41.08 1.43 10.89 Council Meeting of 7/9/2013 Page 28

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

12

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

TOTAL CHECK

SALES TAX

AMOUNT

54.70

738.42

1011

360639

06/19/13 00000913 ORANGE COUNTY FIRE AUTHO 11

OCFA FEES/APRIL−13

0.00

7,595.50

1011

360640

06/19/13 00000913 ORANGE COUNTY FIRE AUTHO 11

OCFA FEES/MAY−13

0.00

8,727.00

1011

360641

06/19/13 00000913 ORANGE COUNTY FIRE AUTHO 640310

RETIREE MED/JUNE−13

0.00

2,419.30

1011

360642

06/19/13 00000098 ORANGE COUNTY HEART CENT 650208

50%CONTRACT

0.00

11,000.00

1011 360643 1011 360643 1011 360643 TOTAL CHECK

06/19/13 00000100 ORANGE COUNTY NEWS PUBLI 731120 06/19/13 00000100 ORANGE COUNTY NEWS PUBLI 732071 06/19/13 00000100 ORANGE COUNTY NEWS PUBLI 731120

LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE

0.00 0.00 0.00 0.00

152.25 126.00 91.00 369.25

1011

360644

06/19/13 00007482 ORANGE COUNTY SANITATION 452410

OCHCA FOG/BMP INSPECT

0.00

2,532.33

1011

360645

06/19/13 00000221 ORANGE COUNTY SHERIFFS D 650208

COLLISION 9/23−27−13

0.00

70.00

1011

360646

06/19/13 00005514 HELEN PARES

275120

PILATES/APR−13

0.00

280.00

1011

360647

06/19/13 10004998 PARK, JOHN

52

UB REFUND

0.00

26.66

1011

360648

06/19/13 00009620 PARKHOUSE TIRE INC

171710

TIRES

0.00

144.80

1011

360649

06/19/13 00010780 AMIT PATEL

11

REF HALL RT#3768

0.00

500.00

1011

360650

06/19/13 10005117 HARISH PATEL

11

RF/HALL DEPOSIT#3666

0.00

500.00

1011

360651

06/19/13 00003243 PEST OPTIONS INC/LANDSCA 560640

WEED/RODENT/MAY−13

0.00

2,011.67

1011 360652 1011 360652 1011 360652 1011 360652 1011 360652 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

00000321 00000321 00000321 00000321 00000321

PETTY PETTY PETTY PETTY PETTY

CASH CASH CASH CASH CASH

160105 121110 731150 732031 115110

CALTRAN PKING/HENEIN WRIPMA PKING/FENTON REIM/MLG MAY13 GODFRE RECORDING FEE/ARDAIZ CITY CLK PETTY CASH

0.00 0.00 0.00 0.00 0.00 0.00

10.00 12.00 47.26 34.00 192.59 295.85

1011 360653 1011 360653 1011 360653 1011 360653 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13

00005174 00005174 00005174 00005174

PETTY PETTY PETTY PETTY

CASH/POLICE CASH/POLICE CASH/POLICE CASH/POLICE

650102 650201 650204 650302

OC CMDRS LUN/HOLLIDAY DVD’S EXPLORER/MONTEZ MCGRUFF COSTUM REPAIR SINK SUPPLIES/LOVCHIK

0.00 0.00 0.00 0.00 0.00

17.00 14.99 17.03 8.51 57.53

1011 1011 1011 1011 1011 1011 1011 1011

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

00005145 00005145 00005145 00005145 00005145 00005145 00005145 00005145

PETTY PETTY PETTY PETTY PETTY PETTY PETTY PETTY

CASH/RECREATION CASH/RECREATION CASH/RECREATION CASH/RECREATION CASH/RECREATION CASH/RECREATION CASH/RECREATION CASH/RECREATION

275405 275405 11 275145 275130 275130 275205 11

LIQUID SOAP/TOLLIVER LINEN/HSEWARE/TOLLIVE HOUSEWARE/TOLLIVER MLG APR−13/V.MENESES PNO PIZZA−K.DEVILBLIS PNO PIZZA−A.COCCA MLG APR−13/S.BATRES FLORAL ARRANGE/TOLLIV

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

360654 360654 360654 360654 360654 360654 360654 360654

DEPART DEPART DEPART DEPART DE DE DE DE DE DE DE DE

30.48 46.79 41.39 17.01 34.55 27.00 38.42 151.42 Council Meeting of 7/9/2013 Page 29

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

13

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

SALES TAX

AMOUNT

1011 360654 1011 360654 1011 360654 1011 360654 1011 360654 1011 360654 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

PNO PIZZA/A.COCCA PNO PIZZA/K.DEVILBISS AQUATIC DECOR/D.FLORE AQUATIC DECOR/D.FLORE KEY MADE/N.BENJAMIN PNO PIZZA/K.DEVILBISS

0.00 0.00 0.00 0.00 0.00 0.00 0.00

21.60 27.00 36.27 46.96 4.04 21.60 544.53

1011 360655 1011 360655 TOTAL CHECK

06/19/13 00007516 PHOENIX GROUP INFORMATIO 550502 06/19/13 00007516 PHOENIX GROUP INFORMATIO 631140

PK CIT PROC/APR−13 CITATION PROCESSING

0.00 0.00 0.00

1,508.02 109.35 1,617.37

1011 360656 1011 360656 1011 360656 1011 360656 1011 360656 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

560231 560231 560231 560231 11

REPAIR PARTS REPAIR PARTS REPAIR PARTS SALES TAX OFF SET SALES TAX

0.00 0.00 0.00 0.00 0.00 0.00

163.31 165.77 18.50 27.00 −27.00 347.58

1011

360657

06/19/13 00000147 PITNEY BOWES INC

126150

DM SERIES POSTAGE

0.00

207.36

1011

360658

06/19/13 00008488 THE PM GROUP INC.

105105

PRINT BP TODAY/MAY13

0.00

12,630.22

1011 360659 1011 360659 TOTAL CHECK

06/19/13 00005709 PREMIER SERVICES GROUP I 352567 06/19/13 00005709 PREMIER SERVICES GROUP I 171710

CONSULTING AGREEMENT CONSULTING AGREEMENT

0.00 0.00 0.00

5,000.00 10,000.00 15,000.00

1011 360660 1011 360660 TOTAL CHECK

06/19/13 10003772 PRINTER RIBBONS PLUS 06/19/13 10003772 PRINTER RIBBONS PLUS

650302 650604

TONER CARTRIDGES TONER CARTRIDGES

0.00 0.00 0.00

974.16 538.60 1,512.76

1011

360661

06/19/13 00010905 PRO−LINE

352358

WELL SITE INSPECTIONS

0.00

1,600.00

1011

360662

06/19/13 00007711 PROFORCE LAW ENFORCEMENT 651612

4 TASER

0.00

215.79

1011

360663

06/19/13 10001965 PYRO−COMM SYSTEMS, INC.

170670

FIRE ALARM SERVICE

0.00

135.00

1011 360664 1011 360664 1011 360664 1011 360664 1011 360664 1011 360664 1011 360664 1011 360664 1011 360664 1011 360664 1011 360664 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

560641 875810 560641 560641 875810 875810 875810 560641 560641 560641 875810

STREET PLANTS PARK PLANTS STREET PLANTS STREET PLANTS PARK PLANTS PARK PLANTS PARK PLANTS STREET PLANTS STREET PLANTS STREET PLANTS PARK PLANTS

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

135.00 118.80 27.00 97.20 1,706.40 4,395.60 653.40 27.00 27.00 27.00 1,285.20 8,499.60

1011

06/19/13 10005133 AL RABANERA

275125

REIMB/AQUATIC CERT

0.00

797.00

360665

00005145 00005145 00005145 00005145 00005145 00005145

10004923 10004923 10004923 10004923 10004923

10001203 10001203 10001203 10001203 10001203 10001203 10001203 10001203 10001203 10001203 10001203

PETTY PETTY PETTY PETTY PETTY PETTY

PHP PHP PHP PHP PHP

CASH/RECREATION CASH/RECREATION CASH/RECREATION CASH/RECREATION CASH/RECREATION CASH/RECREATION

DE DE DE DE DE DE

R.V. R.V. R.V. R.V. R.V. R.V. R.V. R.V. R.V. R.V. R.V.

INC INC INC INC INC

NURSERIES NURSERIES NURSERIES NURSERIES NURSERIES NURSERIES NURSERIES NURSERIES NURSERIES NURSERIES NURSERIES

INC INC INC INC INC INC INC INC INC INC INC

275130 275130 275125 275125 275145 275130

Council Meeting of 7/9/2013 Page 30

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

14

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

1011

06/19/13 00000110 RALPHS GROCERY CO

275310

1011 360667 1011 360667 1011 360667 1011 360667 1011 360667 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

352363 560210 560210 352363 875810

1011

360668

06/19/13 10000972 REFRIGERATION SUPPLIES D 170670

1011

360669

06/19/13 10004141 REVIZE LLC

1011

360670

06/19/13 10005130 ELENA REYES

360666

00001348 00001348 00001348 00001348 00001348

WING WING WING WING WING

SHOES SHOES SHOES SHOES SHOES

SAFETY SAFETY SAFETY SAFETY SAFETY

0.00 0.00 0.00 0.00 0.00 0.00

120.96 250.00 238.46 250.00 241.92 1,101.34

CITY HALL MAINT.

0.00

10.63

650303

WEBSITE DESIGN MAY−13

0.00

1,000.00

875810

REF/SHELTER#3980

0.00

100.00

997100 997100 110105 110105 110105 110105 352567 110105 110105

GENERAL LEGAL SERVICE THE SOURCE GENERAL SERVICE POLICE DEPT SPECIAL SERVICES PITCHESS MOTION NPDES COMPLIANCE ADV.PANNAM CORP. PROP TAX ADMIN.

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

900.87 116.90 6,000.00 389.00 5,894.00 714.00 222.00 1,165.20 35.63 15,437.60

SHOES SHOES SHOES SHOES SHOES

ARCHITECTURAL SVC ARCHITECTURAL SVC ARCHITECTURAL SVC

0.00 0.00 0.00 0.00

2,480.00 4,688.11 2,800.52 9,968.63

1011

360673

06/19/13 00009584 ROBERT R COFFEE ARCHITEC 290089

SR CTR RENOVATION

0.00

7,000.00

1011

360674

06/19/13 00000315 MARSHA ROE

275305

LINE DNC 5/23,30,6/6

0.00

256.50

1011 360675 1011 360675 1011 360675 TOTAL CHECK

06/19/13 00000748 ROSEBURROUGH TOOL INC 06/19/13 00000748 ROSEBURROUGH TOOL INC 06/19/13 00000748 ROSEBURROUGH TOOL INC

560640 560640 452410

SMALL TOOLS SMALL TOOLS SMALL TOOLS

0.00 0.00 0.00 0.00

259.74 295.32 271.38 826.44

1011

360676

06/19/13 10004505 RUDY’S SCREEN PRINTING

275150

ADULT SOFTBALL SHIRTS

47.70

577.70

1011

360677

06/19/13 10005132 HYU YOUNG RYU

275160

REF/BASKETBALL#83953

0.00

70.00

1011 360678 1011 360678 TOTAL CHECK

06/19/13 00000123 S & J SUPPLY CO INC 06/19/13 00000123 S & J SUPPLY CO INC

352363 352363

WELL MAINT. WELL MAINT.

0.00 0.00 0.00

117.72 234.67 352.39

1011 1011 1011 1011

06/19/13 06/19/13 06/19/13 06/19/13

275130 275130 275130 275130

SUMMER SUMMER SUMMER SUMMER

S S S S

WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE

GERSH GERSH GERSH GERSH GERSH GERSH GERSH GERSH GERSH

48.57

06/19/13 10004861 ROBERT BORDERS & ASSOCIA 290069 06/19/13 10004861 ROBERT BORDERS & ASSOCIA 290087 06/19/13 10004861 ROBERT BORDERS & ASSOCIA 290083

& & & &

& & & & & & & & &

0.00

1011 360672 1011 360672 1011 360672 TOTAL CHECK

S S S S

WATSON WATSON WATSON WATSON WATSON WATSON WATSON WATSON WATSON

EVENT SUPPLIES

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

00001777 00001777 00001777 00001777

RICHARDS, RICHARDS, RICHARDS, RICHARDS, RICHARDS, RICHARDS, RICHARDS, RICHARDS, RICHARDS,

INC INC INC INC INC

AMOUNT

1011 360671 1011 360671 1011 360671 1011 360671 1011 360671 1011 360671 1011 360671 1011 360671 1011 360671 TOTAL CHECK

360679 360679 360679 360679

00000246 00000246 00000246 00000246 00000246 00000246 00000246 00000246 00000246

RED RED RED RED RED

SALES TAX

INC. INC. INC. INC.

PARK PARK PARK PARK

SUPPLIES SUPPLIES SUPPLIES SUPPLIES

1.59 2.08 3.68 2.40

21.51 28.06 49.66 32.38 Council Meeting of 7/9/2013 Page 31

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

15

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

SALES TAX

AMOUNT

1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 1011 360679 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

00001777 00001777 00001777 00001777 00001777 00001777 00001777 00001777 00001777 00001777 00001777 00001777 00001777 00001777 00001777 00001777 00001777 00001777 00001777 00001777 00001777 00001777 00001777 00001777 00001777

S S S S S S S S S S S S S S S S S S S S S S S S S

275130 275130 275130 275130 275130 275130 275130 275130 275130 275130 275130 275130 275130 275130 275130 275130 275130 275130 275130 275130 275130 275130 275130 275130 275130

SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER SUMMER

6.07 3.00 0.48 0.48 4.15 1.28 1.60 1.28 3.71 1.89 1.44 6.08 0.26 1.12 0.80 22.80 7.67 16.56 14.40 9.59 38.39 35.83 4.85 0.00 2.11 195.59

81.99 40.52 6.46 6.46 56.07 17.26 21.58 17.24 50.03 25.88 19.40 82.06 3.45 15.10 10.78 307.75 103.51 223.53 194.37 129.51 518.24 483.76 65.49 42.74 28.43 2,683.22

1011 360680 1011 360680 1011 360680 1011 360680 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13

00000070 00000070 00000070 00000070

SAFARILAND, SAFARILAND, SAFARILAND, SAFARILAND,

650604 650604 650604 650604

PD PD PD PD

18.19 3.03 4.73 0.00 25.95

245.62 40.94 63.82 22.99 373.37

1011 360681 1011 360681 1011 360681 TOTAL CHECK

06/19/13 10005128 SAFE RESTRAINTS INC 06/19/13 10005128 SAFE RESTRAINTS INC 06/19/13 10005128 SAFE RESTRAINTS INC

650208 650208 650208

PD RESTRAINT SYSTEM PD RESTRAINT SYSTEM PD RESTRAINT SYSTEM

294.40 6.40 0.00 300.80

3,974.40 86.40 85.00 4,145.80

1011

360682

06/19/13 00005016 SAN BERNARDINO COUNTY SH 650208

DRIVER TRG 6/27/13

0.00

240.00

1011

360683

06/19/13 00000116 SCHICK RECORDS MANAGEMEN 115110

JUNE STOR/MAY SERVICE

0.00

50.00

1011 360684 1011 360684 1011 360684 TOTAL CHECK

06/19/13 10004922 SCHINDLER ELEVATOR CORPO 666111 06/19/13 10004922 SCHINDLER ELEVATOR CORPO 666111 06/19/13 10004922 SCHINDLER ELEVATOR CORPO 666111

ELEVATOR MAINT. ELEVATOR SERVICE ELEVATOR SERVICE

0.00 0.00 0.00 0.00

1,596.79 482.21 710.00 2,789.00

1011 360685 1011 360685 1011 360685 1011 360685 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13

ENVIRON/8071 ENVIRON/8071 ENVIRON/8071 ENVIRON/6192

0.00 0.00 0.00 0.00 0.00

1,677.50 7,033.96 7,553.94 6,697.37 22,962.77 Council Meeting of 7/9/2013 Page 32

00009763 00009763 00009763 00009763

& & & & & & & & & & & & & & & & & & & & & & & & &

SCS SCS SCS SCS

S S S S S S S S S S S S S S S S S S S S S S S S S

WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE WORLDWIDE

INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC.

LLC LLC LLC LLC

ENGINEERS ENGINEERS ENGINEERS ENGINEERS

INC INC INC INC

997100 997100 997100 997100

PARK PARK PARK PARK PARK PARK PARK PARK PARK PARK PARK PARK PARK PARK PARK PARK PARK PARK PARK PARK PARK PARK PARK PARK PARK

NARCOTICS NARCOTICS NARCOTICS NARCOTICS

SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES TESTS TESTS TESTS TESTS

PAGE PAGE PAGE AUTO CTR

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

16

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

1011 360686 1011 360686 1011 360686 TOTAL CHECK

06/19/13 00000462 THE SHERWIN WILLIAMS COR 170670 06/19/13 00000462 THE SHERWIN WILLIAMS COR 170670 06/19/13 00000462 THE SHERWIN WILLIAMS COR 170670

1011

06/19/13 10004807 SHOETERIA

360687

352363

SAFETY SHOES

0.00

250.00

650302 115110 105105 126120

SHREDDING SHREDDING SHREDDING SHREDDING

0.00 0.00 0.00 0.00 0.00

117.60 61.78 61.78 13.72 254.88

101101

COOR−CNCL JULY RENT

0.00

747.50

1011 360690 1011 360690 1011 360690 TOTAL CHECK

06/19/13 10002149 SJ CONTRACTOR 06/19/13 10002149 SJ CONTRACTOR 06/19/13 10002149 SJ CONTRACTOR

126148 126148 126148

HIP12/13−009 CASTILLO HIP12/13−009 CASTILLO HIP12/13−009 CASTILLO

0.00 0.00 0.00 0.00

19,170.00 810.00 567.00 20,547.00

1011 360691 1011 360691 1011 360691 1011 360691 1011 360691 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

650208 11 11 11 11

EVENT STOCK STOCK STOCK STOCK

SUPPLIES JANITORIAL JANITORIAL JANITORIAL JANITORIAL

0.00 3.11 3.10 5.70 1.42 13.33

78.88 41.90 41.90 76.90 19.21 258.79

1011

360692

06/19/13 00005940 JOANNE SMITH

275150

SCOREKEEP 5/25−6/7/13

0.00

150.00

1011

360693

06/19/13 10005119 SO. CALIF. ASSOC. OF GOV 101101

DUES FY 2013−14

0.00

7,517.00

1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011

360696 360696 360696 360696 360696 360696 360696 360696 360696 360696 360696 360696 360696 360696 360696 360696 360696 360696 360696 360696

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

6655 MANCHESTER MAY13 8252 OR’THORPE MAY−13 7365 ARTESIA MAY−13 7341 ARTESIA MAY−13 SB 5 FY TRF SIG/MAY13 6640 BEACH MAY−13 SW CORNER ORTH/MAY13 ES VY VW SO FY MAY−13 RT 91 FY OFF RM/MAY13 RT 91 FY EO KNT MAY13 MNCHSTR/ARTES/MAY−13 BEACH/STANTON/MAY−13 BEACH/CRESCENT/MAY−13 BEACH/MNCHSTR/MAY−13 BEACH/9TH MAY−13 6655 AUTO CTR/MAY−13 ES KNT NO FY/MAY−13 BEACH/COMNLWTH/MAY13 BEACH/ARTESIA/MAY−13 BEACH/STAGE/MAY−13

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

20.26 26.95 50.11 67.82 63.07 10,929.32 30.30 120.96 24.46 80.64 26.95 16.72 33.44 33.44 13.52 80.46 80.64 26.95 26.95 26.95 Council Meeting of 7/9/2013 Page 33

00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226

COR COR COR COR

278.67 39.46 29.74 347.87

06/19/13 10003774 DENNIS SIGALOS

& & & & &

ANGELES ANGELES ANGELES ANGELES

0.00 0.00 0.00 0.00

1011

SMART SMART SMART SMART SMART

LOS LOS LOS LOS

PARK MAINT. PARK MAINT. PARK MAINT.

06/19/13 06/19/13 06/19/13 06/19/13

00000125 00000125 00000125 00000125 00000125

SHRED−IT SHRED−IT SHRED−IT SHRED−IT

AMOUNT

1011 360688 1011 360688 1011 360688 1011 360688 TOTAL CHECK 360689

00000122 00000122 00000122 00000122

SALES TAX

SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN

FINAL FINAL FINAL FINAL FINAL

CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA

EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS

560230 660240 560230 560230 660240 170670 660240 660240 660240 660240 660240 660240 660240 660240 660240 560230 660240 660240 660240 660240

SERVICE SERVICES SERVICES SERVICES

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

17

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

SALES TAX

AMOUNT

1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 1011 360696 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226 00000226

SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN

CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA

EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS EDIS

660240 660240 660240 660240 875810 560230 560230 560230 875810 352510 560230 875810 875810 660240 660240 560230 560230 875810 352510 560230 170670 560230 875810 560230 170670 875810 170670 106121 875810 560230 352510 997100 660240 997100 560230 560230 560230

BEACH/MALVERN/MAY−13 BP LITING/MAY−13 7201 ARTESIA/MAY−13 BP LIGHTING MAY−13 6232 AUTO CTR/MAY−13 6200 STANTON/MAY−13 8221 DALE/MAY−13 6194 AUTO CTR/MAY−13 6293 AUTO CTR/MAY−13 5860 DALE PMP/MAY−13 6410 AUTO CTR/MAY−13 4701 BEACH PED/MAY−13 7732 TULARE/MAY−13 9TH WESTERN/MAY−13 BEACH/ELCAPITAN/MAY13 5755 CRESCENT/MAY−13 BEACH/DURANGO/MAY−13 KNT SO VIL SPR/MAY−13 NS RSECRNS EO/MAY13 6680 KNOTT/MAR−13 6955 ARAGON/MAY−13 7006 ARTESIA/MAY−13 8970 KNOTT/MAY−13 6511 BEACH/MAY−13 6701 STANTON/MAY−13 8111 COMNWLTH/MAY−13 6591 BEACH/MAY−13 6581 BEACH/MAY−13 6072 LINCOLN/MAY−13 6973 BEACH/MAY−13 7520 DALE PMP/MAY−13 7102 STANTON/MAY−13 7002 BEACH/MAY−13 8002 OR’THORP/MAY−13 7992 VL VW/MAY−13 7550 STANTON/MAY−13 8497 WESTERN/MAY−13

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

26.95 1,883.32 33.44 51,971.61 53.40 72.58 33.44 23.73 26.22 246.33 63.12 25.76 25.67 33.44 16.72 50.16 36.74 10,877.11 25,943.63 55.62 7,601.61 33.44 85.82 15.19 45.84 1,491.98 30.40 100.36 33.52 29.22 14,829.74 71.49 46.94 251.00 619.13 40.75 4,710.84 133,316.17

1011 360697 1011 360697 1011 360697 1011 360697 1011 360697 1011 360697 1011 360697 1011 360697 1011 360697 1011 360697 1011 360697 1011 360697 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

00000328 00000328 00000328 00000328 00000328 00000328 00000328 00000328 00000328 00000328 00000328 00000328

SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN

CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA

GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS

997100 170670 997100 997100 875810 170670 170670 170670 875810 170670 170670 170670

7711 6601 7102 7102 7225 6650 8150 8150 7171 6640 8152 6660

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

BEACH 5/3−6/4/13 BEACH 5/3−6/4/13 STANTON 5/3−6/4 STANTON 5/3−6/4 ELDORADO 5/3−6/4 BEACH 5/3−6/4/13 KNOTT 5/3−6/4/13 KNOTT 5/3−6/4/13 8TH 5/6−6/4/13 BEACH 5/3−6/4/13 KNOT 5/3−6/4/13 BEACH 5/3−6/4/13

16.25 12.75 30.89 30.88 2,414.75 389.76 46.02 44.08 47.50 985.89 19.27 26.31 4,064.35 Council Meeting of 7/9/2013 Page 34

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

18

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

SALES TAX

AMOUNT

1011

360698

06/19/13 00000412 SOUTHERN COUNTIES OIL CO 171710

BULK UNLEADED FUEL

0.00

18,673.58

1011

360699

06/19/13 00000126 SPARKLETTS WATER CORP

WATER SERVICE

0.00

707.00

1011

360700

06/19/13 10005125 SPECIAL ENFORCEMENT BURE 650208

M4 OPER CLS 6/3−7/13

0.00

850.00

1011

360701

06/19/13 00010296 SPECIALIZED ELEVATOR COR 170670

ELEVATOR SERVICE

0.00

440.00

1011

360702

06/19/13 00005362 DAVE FLANAGAN

EMG REPL JAIL CCTV

0.00

584.00

1011

360703

06/19/13 00004164 SPECIALTY MOWING SERVICE 560640

SHRUB TRIMMING

0.00

10,305.09

1011

360704

06/19/13 10000339 SPRINT

650303

MDC SYSTEM MAY−13

0.00

2,039.49

1011

360705

06/19/13 10000339 SPRINT

650302

854024314 MAY−13

0.00

2,826.24

1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011

360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706 360706

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

11 631140 731150 731150 631140 732091 631140 631140 732091 631140 732091 631140 732091 631140 732091 160105 160105 160105 160105 106117 631140 731150 731150 11 11 11 11 11 11 11 11 11 11 11 11

STOCK DUCT TAPE OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES PRINTER SUPPLIES PRINTER SUPPLIES PRINTER SUPPLIES PRINTER SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES STOCK OFFICE SUPPLIES STOCK OFFICE SUPPLIES STOCK OFFICE SUPPLIES STOCK OFFICE SUPPLIES STOCK OFFICE SUPPLIES STOCK OFFICE SUPPLIES STOCK OFFICE SUPPLIES STOCK OFFICE SUPPLIES STOCK OFFICE SUPPLIES STOCK OFFICE SUPPLIES STOCK OFFICE SUPPLIES STOCK OFFICE SUPPLIES

9.01 1.27 0.43 0.68 0.36 0.37 0.61 0.13 1.16 0.10 0.88 0.65 0.28 0.43 0.18 16.02 44.35 44.98 44.35 3.73 1.45 0.49 0.78 10.82 3.29 3.31 2.64 8.67 2.65 1.96 6.44 1.97 2.62 8.62 2.64

121.69 17.12 5.80 9.16 4.96 4.97 8.27 1.75 15.71 1.32 11.86 8.72 3.73 5.75 2.46 216.38 598.67 607.22 598.67 50.41 19.58 6.64 10.48 146.22 44.48 44.71 35.60 116.99 35.77 26.45 86.94 26.58 35.42 116.42 35.60 Council Meeting of 7/9/2013 Page 35

00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085

STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES

ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE

170670

650201

INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC.

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

19

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

SALES TAX

AMOUNT

1011 360706 1011 360706 1011 360706 1011 360706 1011 360706 1011 360706 1011 360706 1011 360706 1011 360706 1011 360706 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

11 11 11 11 11 11 11 11 11 126120

STOCK OFFICE SUPPLIES STOCK OFFICE SUPPLIES STOCK OFFICE SUPPLIES STOCK OFFICE SUPPLIES STOCK OFFICE SUPPLIES STOCK OFFICE SUPPLIES STOCK OFFICE SUPPLIES STOCK OFFICE SUPPLIES STOCK OFFICE SUPPLIES OFFICE SUPPLIES

2.47 8.11 2.48 0.04 0.14 0.04 0.86 2.83 0.86 3.06 249.21

33.31 109.48 33.47 0.56 1.84 0.56 11.61 38.16 11.66 41.33 3,364.48

1011 360707 1011 360707 TOTAL CHECK

06/19/13 00010033 KIMBERLY STRICKLER 06/19/13 00010033 KIMBERLY STRICKLER

275150 275150

SCOREKEEP 5/25−6/7/13 SCOREKEEP 4/13−26/13

0.00 0.00 0.00

100.00 60.00 160.00

1011

360708

06/19/13 00006248 SUNGARD PUBLIC SECTOR IN 74

ANN MT/JUL−13, JUN−14

0.00

43,267.36

1011

360709

06/19/13 10004112 TACO SURF CANTINA INC.

121110

EMPL LUNCH 06/13/13

0.00

950.00

1011

360710

06/19/13 10005127 DOUGLAS W. ROLLER

650208

K−9 E−COLLAR 6/4−6/13

0.00

800.00

1011

360711

06/19/13 00006069 TANGRAM, LLC

651607

CHAIR FOR PD

0.00

556.20

1011

360712

06/19/13 00007246 TECH DEPOT INC.

275105

TWO DOCUMENT SCANNERS

41.82

564.52

1011

360713

06/19/13 00008211 LING FEI TENG

650208

COPPER THEFT CF 6/19

0.00

26.53

1011

360714

06/19/13 10004163 BRADLEY TERPENING

275135

YT OFFIC 5/25−6/7/13

0.00

54.00

1011

360715

06/19/13 10002895 SHALICE TILTON

115110

ED REIMB

0.00

2,463.50

650302 650404 170670 170670

8448400230497971 8448400240089222 8448400240527841 8448400240089206

0.00 0.00 0.00 0.00 0.00

11.84 10.64 74.74 222.77 319.99

00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085 00001085

00009478 00009478 00009478 00009478

STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES STAPLES

TIME TIME TIME TIME

ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE ADVANTAGE

WARNER WARNER WARNER WARNER

CABLE CABLE CABLE CABLE

INC. INC. INC. INC. INC. INC. INC. INC. INC. INC.

1011 360716 1011 360716 1011 360716 1011 360716 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13

LLC LLC LLC LLC

1011

360717

06/19/13 10004130 IMANI TOLLIVER

71

COMPUTER LOAN

0.00

1,463.46

1011

360718

06/19/13 10004932 TOT LOT PROS, INC.

290061

DEMO PLAYGROUND EQUIP

0.00

13,900.00

1011

360719

06/19/13 00004833 TOTAL COLLISION AUTO BOD 171710

COLLISION REPAIRS

0.00

950.00

1011 360720 1011 360720 TOTAL CHECK

06/19/13 10005044 TOTAL CORPORATE SOLUTION 651607 06/19/13 10005044 TOTAL CORPORATE SOLUTION 651607

PD DISPATCH CHAIR PD DISPATCH CHAIR

31.20 0.00 31.20

421.20 65.00 486.20

1011 360721 1011 360721 TOTAL CHECK

06/19/13 00004212 TOWNSEND PUBLIC AFFAIRS 06/19/13 00004212 TOWNSEND PUBLIC AFFAIRS

LOBBYIST CONSULTING LOBBYIST CONSULTING

0.00 0.00 0.00

6,056.25 2,018.75 8,075.00

105105 352267

Council Meeting of 7/9/2013 Page 36

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

20

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

1011 360722 1011 360722 TOTAL CHECK

06/19/13 00010041 TRUGREEN LANDCARE #6222 06/19/13 00010041 TRUGREEN LANDCARE #6222

997100 998100

1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011 1011

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

731120 731110 731150 731110 650103 650103 650103 650302 650302 650103 650103 650208 650208 650208 650208 650208 650208 101101 115110 101101 101101 101101 101101 101101 105105 631141 106117 106117 106117 106117 106117 106117 106117 275215 275405 275405 650204 650204 650303 650303 650303 121110 105105 650102 105105 105105 160105 160105

360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726 360726

00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474

U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U

S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S

BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK

CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE

PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME

SALES TAX

AMOUNT

LNDSCPE AGENCY PROP LNDSCPE AGENCY PROP

0.00 0.00 0.00

1,240.00 940.00 2,180.00

5/8 PDOAC CF/J.ROSEN OCAPA AWARD CF/ROSEN BLG CF R.CULL/KUWITZK ULI ROUNDTABLE/ROSEN TRG RM SUPPL/R.SELLS REFRESHMENT/R.SELLS REFRESHMENTS/R.SELLS PAMPHLETS/R.SELLS PROMO PLAQUE/R.SELLS PD APPR CANDY/R.SELLS CHOCOLATE PD APPR/SEL PROMO PATCH/C.SIANEZ WORKSHOP/C.SIANEZ STKHLDR MTG/C.SIANEZ STKHLDR MTG/C.SIANEZ CF RM SUPPL/C.SIANEZ PHONE SUPPL/C.SIANEZ COUNCIL MT MEAL 4/23 CCAC CF PARKIN/TILTON CNCL MEAL 5/14 TILTON CNCL SNACKS/M.LEWIS M.OH ACTION DAY/LEWIS B.SWIFT ACT DAY/LEWIS A.BRWN SCAG CF/LEWIS CORE VALUES/HOLMQUIST IPAD PRO HD/M.GERSCH CREDIT POWWOW/COPPING POWWOW/S.COPPING GOGO WORLDWIDE/COPPIN GOGO FLIGHT/S.COPPING CHG FLIGHT/S.COPPING GRATUITY/CHINA/COPPIN LUNCH EXHIBITOR/COPPI AD/CIVIC TEAM/M.RILEY MO.SUBSCRIPTION/RILEY HDMI ADAPTER/M.RILEY OPEN HSE SUPL/FORSYTH OPEN HSE SUPL/FORSYTH IT UNIT PH MT/FORSYTH DOMAIN RENEWAL/FORSYT CLEAN CARTS/FORSYTH REFRESHMENTS/D.KERN TOLL ROAD/VANDERPOOL PD OPEN HSE SUPL/VNDR CF TRANSP/VANDERPOOL CF LUNCH/VANDERPOOL AIRFARE/J.BIERY CIT ENG LUNCH/J.BIERY

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

14.99 30.00 550.00 35.00 56.49 18.10 51.02 597.16 64.80 21.68 51.48 21.60 97.02 12.02 38.20 103.99 70.10 95.00 20.00 97.12 44.97 167.89 210.59 −311.80 58.93 19.99 −94.24 200.47 68.90 99.90 18.00 45.00 110.34 24.95 220.00 12.54 72.40 82.27 239.97 234.90 188.73 96.37 30.00 47.19 12.00 23.59 213.80 30.00 Council Meeting of 7/9/2013 Page 37

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

21

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

SALES TAX

AMOUNT

1011 360726 1011 360726 1011 360726 1011 360726 1011 360726 1011 360726 1011 360726 1011 360726 1011 360726 1011 360726 1011 360726 1011 360726 1011 360726 1011 360726 1011 360726 1011 360726 1011 360726 1011 360726 1011 360726 1011 360726 1011 360726 1011 360726 1011 360726 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

160105 121110 121110 121110 121110 121110 650601 650601 650601 650601 650601 650601 650601 105105 997100 997100 101101 105105 121110 121110 121110 121110 121110

AIRFARE/J.BIERY AD/FIELD OPER/BURNETT AD/FIELD OPER/BURNETT LABELS/BURNETT AD/FIELD OPER/BURNETT ONLINE SURVEY/BURNETT EXTRADIT/FUEL/WORRALL EXTRADIT/FUEL/WORRALL EXTRADIT/FUEL/WORRALL EXTRADIT/MEAL/WORRALL EXTRADIT/MEAL/WORRALL EXTRADIT/FUEL/WORRALL EXTRADIT/MEAL/WORRALL AIRFARE/ICSC/RIORDAN MEMBERSHIP/RIORDAN MEMBERSHIP/RIORDAN COORD CNCL INS/RIORDA ICSC RECON/RIORDAN PW MT PANEL/L.FLORES PW MT PANEL/L.FLORES ASSIST ENG AD/L.FLORE REC COORD AD/L.FLORES PARKING CPS/L.FLORES

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

257.80 450.00 200.00 41.01 249.00 24.00 24.45 7.30 32.00 22.97 45.18 28.67 40.87 180.80 530.00 100.00 486.34 162.40 3.99 80.58 249.00 85.00 9.00 7,523.78

1011 360727 1011 360727 TOTAL CHECK

06/19/13 10002020 ULINE 06/19/13 10002020 ULINE

11 11

STOCK SHIPPING TAGS STOCK SHIPPING TAGS

13.74 0.00 13.74

185.54 13.21 198.75

1011

360728

06/19/13 00000416 UNDERGROUND SVC. ALERT O 352363

NEW TICKET CHARGES

0.00

123.00

1011

360729

06/19/13 00000228 UNITED STATES POSTAL SER 126150

PD 95118−000 POST DUE

0.00

150.00

1011 360730 1011 360730 TOTAL CHECK

06/19/13 10003993 URBAN RESTORATION GROUP 06/19/13 10003993 URBAN RESTORATION GROUP

11 11

STOCK GRAFFITI REM. STOCK GRAFFITI REM.

161.28 0.00 161.28

2,177.28 110.00 2,287.28

1011 360731 1011 360731 1011 360731 1011 360731 1011 360731 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13 06/19/13

760310 560220 170670 352363 275105

PAGER PAGER PAGER PAGER PAGER

0.00 0.00 0.00 0.00 0.00 0.00

4.16 4.16 18.09 22.25 16.64 65.30

1011

360732

06/19/13 00001911 JEFF VAN SICKLE

275135

YT OFFIC 5/25−6/7/13

0.00

40.00

1011

360733

06/19/13 10005122 CATHERINE M. VASQUEZ

11

#E13−0090/7532 ELCORT

0.00

100.00

1011

360734

06/19/13 10002032 VERIZON WIRELESS

170670

87008359200001 MAY−13

0.00

66.18

1011

360735

06/19/13 10005085 VISTA ENVIRONMENTAL CONS 290094

ABATEMENT OVERSIGHT

0.00

1,200.00

00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474 00010474

00010381 00010381 00010381 00010381 00010381

U U U U U U U U U U U U U U U U U U U U U U U

S S S S S S S S S S S S S S S S S S S S S S S

USA USA USA USA USA

BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK

CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE CORPORATE

MOBILITY MOBILITY MOBILITY MOBILITY MOBILITY

PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME PAYME

WIRELESS WIRELESS WIRELESS WIRELESS WIRELESS

IN IN IN IN IN

SERVICE SERVICE SERVICE SERVICE SERVICE

Council Meeting of 7/9/2013 Page 38

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/19/2013 TIME: 11:00:40

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

22

SELECTION CRITERIA: transact.trans_date between ’20130614 00:00:00.000’ and ’20130619 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

SALES TAX

AMOUNT

1011

06/19/13 10004191 CODY LAYTON VOGEL

275135

YT OFFIC 5/25−6/7/13

0.00

162.00

1011 360737 1011 360737 TOTAL CHECK

06/19/13 10000313 JEFFREY VU 06/19/13 10000313 JEFFREY VU

650208 650208

UPDATE PIT 6/27/13 COLLISION CF 9/23−27

0.00 0.00 0.00

75.91 92.00 167.91

1011 360738 1011 360738 TOTAL CHECK

06/19/13 00000138 VULCAN MATERIALS, INC. 06/19/13 00000138 VULCAN MATERIALS, INC.

560211 560211

STREET MAINT. STREET MAINT.

0.00 0.00 0.00

150.13 186.85 336.98

1011 360739 1011 360739 1011 360739 1011 360739 TOTAL CHECK

06/19/13 06/19/13 06/19/13 06/19/13

275130 275125 275145 275130

EVENT SUPPLIES AQUATIC SUPPLIES PARK SUPPLIES PARK SUPPLIES

0.00 0.00 0.00 0.00 0.00

23.24 103.33 50.70 9.50 186.77

1011

360740

06/19/13 10003839 WATEARTH, INC.

490018

REV.STORM DRAIN/MAY13

0.00

871.25

1011

360741

06/19/13 10005123 WATERS & COMPANY, INC.

105105

CONSULTING MAY−JUN−13

0.00

1,300.00

1011

360742

06/19/13 00002714 CHAD WEAVER

650208

TRG DRUG 5/13−23/13

0.00

115.74

360736

10000432 10000432 10000432 10000432

WALMART WALMART WALMART WALMART

COMMUNITY/GEMB COMMUNITY/GEMB COMMUNITY/GEMB COMMUNITY/GEMB

1011 360743 1011 360743 TOTAL CHECK

06/19/13 00000141 WEST COAST ARBORISTS INC 560641 06/19/13 00000141 WEST COAST ARBORISTS INC 560641

TREE MAINTENANCE STREET MAINT.

0.00 0.00 0.00

506.00 253.00 759.00

1011

06/19/13 00000842 GARY WORRALL

REPLENISH CONFID FUND

0.00

3,000.00

360744

651607

1011 360745 1011 360745 TOTAL CHECK

06/19/13 10002237 XEROX CAPITAL SERVICES L 126150 06/19/13 10002237 XEROX CAPITAL SERVICES L 126150

COPIER LEASE MAY−13 PRINT MAINT/MAY−13

0.00 0.00 0.00

569.37 333.38 902.75

1011

360746

06/19/13 10004697 YOUNGBLOOD & ASSOCIATES

650105

POLYGRAPH (2) 6/5/13

0.00

500.00

1011

360747

06/19/13 00000408 ZSP ECCENTRICKS, INC.

121101

MAGNETIC BADGE

0.00

14.28

TOTAL CASH ACCOUNT

3,132.45

1,564,449.16

TOTAL FUND

3,132.45

1,564,449.16

TOTAL REPORT

3,132.45

1,564,449.16

Council Meeting of 7/9/2013 Page 39

Item 02

Voided Check Numbers 360501 360502 360581 360593 360694 360695 360723 360724 360725

Date Printed 6/19/2013

Council Meeting of 7/9/2013 Page 40

Item 02

RESOLUTION NO ______ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $119,041.97 DEMAND NOS. 360748 THROUGH 360763 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: That in accordance with Section 37202 of the Government Code, the Director of Finance or his designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.

_____________________________ Director of Finance SECTION 2: That claims and demands Nos. 360748 through 360763 in the sum of $119,041.97 set forth on the 1-page register attached to this resolution and made a part hereof have been audited as required by law and are hereby allowed as set forth. PASSED AND ADOPTED this _____ day of _______________ 2013 by the following called vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ___________________________ City Clerk

Council Meeting of 7/9/2013 Page 41

Item 02

RESOLUTION NO. _______ Page 2

I hereby certify that the foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park held this _____ day of _______________ 2013. _______________________________ City Clerk

Council Meeting of 7/9/2013 Page 42

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/28/2013 TIME: 13:12:17

PAGE NUMBER: ACCTPA21

CITY OF BUENA PARK CHECK REGISTER − DISBURSEMENT FUND

1

SELECTION CRITERIA: transact.trans_date between ’20130620 00:00:00.000’ and ’20130628 00:00:00.000’ ACCOUNTING PERIOD: 12/13 FUND − 11 − GENERAL FUND CASH ACCT CHECK NO

ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY

−−−−−DESCRIPTION−−−−−−

SALES TAX

AMOUNT

1011

360748

06/28/13 00007357 BP PD SWAT TEAM

73

PE 06/21/13

0.00

270.00

1011

360749

06/28/13 00000481 BUENA PARK POLICE ASSOCI 73

PE 06/21/13

0.00

9,740.63

1011

360750

06/28/13 00007416 CALPERS LONG−TERM CARE P 73

PE 06/21/13

0.00

639.58

1011

360751

06/28/13 00007331 COLONIAL SUPPLEMENTAL IN 73

PE 06/21/13

0.00

171.18

1011 360752 1011 360752 1011 360752 1011 360752 1011 360752 1011 360752 1011 360752 1011 360752 TOTAL CHECK

06/28/13 06/28/13 06/28/13 06/28/13 06/28/13 06/28/13 06/28/13 06/28/13

650404 650303 650303 650303 650303 650404 650404 650303

DELL DELL DELL DELL DELL DELL DELL DELL

6.62 12.48 4.99 11.74 502.02 183.71 33.04 257.71 1,012.31

89.37 168.45 67.38 158.43 6,777.25 2,480.09 446.09 3,479.13 13,666.19

1011

360753

06/28/13 10004900 KAREN GODFREY

73

PE 06/21/13

0.00

1,153.84

1011

360754

06/28/13 00007523 LEGAL SHIELD INC

73

06/20/13

0.00

151.48

1011

360755

06/28/13 00007341 OTILIA MARTINEZ

73

PE 06/21/13

0.00

150.00

1011

360756

06/28/13 10004178 NATIONAL PAYMENT CENTER

73

PE 06/21/13

0.00

287.97

1011 360757 1011 360757 1011 360757 TOTAL CHECK

06/28/13 00007318 NATIONWIDE RETIREMENT 06/28/13 00007318 NATIONWIDE RETIREMENT 06/28/13 00007318 NATIONWIDE RETIREMENT

73 73 73

PE 06/21/13 PE 06/21/13 PE 06/21/13

0.00 0.00 0.00 0.00

550.03 563.40 33,675.27 34,788.70

1011

06/28/13 00007412 NATIONWIDE RETIREMENT

P 73

PE 06/21/13

0.00

5,329.50

360758

00000741 00000741 00000741 00000741 00000741 00000741 00000741 00000741

DELL DELL DELL DELL DELL DELL DELL DELL

MARKETING MARKETING MARKETING MARKETING MARKETING MARKETING MARKETING MARKETING

L L L L L L L L

P P P P P P P P

LAPTOP PC WORKSTATION WORKSTATION WORKSTATION COMPUTER SERVER LAPTOP PC LAPTOP PC WORKSTATION

1011 360759 1011 360759 TOTAL CHECK

06/28/13 10005159 RESTAURANT DESIGN STUDIO 997100 06/28/13 10005159 RESTAURANT DESIGN STUDIO 170670

KITCHEN EQUIP/TICE KITCHEN EQUIP/TICE

0.00 0.00 0.00

48,112.00 1,935.35 50,047.35

1011

360760

06/28/13 00008246 TX CHILD SUPPORT SDU

73

PE 06/21/13

0.00

196.62

1011

360761

06/28/13 00007324 UNITED WAY OF ORANGE COU 73

PE 06/21/13

0.00

10.00

1011

360762

06/28/13 10003835 US BANKRUPTCY COURT

PE 06/21/13

0.00

230.77

1011

360763

06/28/13 00008608 VISION SERVICE PLAN−(CA) 73

06/20/13 (07/13)

0.00

2,208.16

TOTAL CASH ACCOUNT

1,012.31

119,041.97

TOTAL FUND

1,012.31

119,041.97

TOTAL REPORT

1,012.31

119,041.97

73

Council Meeting of 7/9/2013 Page 43

Item 02

RESOLUTION NO. ______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $608,627.74, COVERING REGULAR PAYROLL ENDING JUNE 7, 2013. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: That in accordance with Section 37208 of the Government Code, the Director of Finance or his designated representative hereby certifies to the accuracy of the following demands and to the availability of funds for payment thereof. __________________________________ Director of Finance

SECTION 2: The claims and demands in the sum of $608,627.74, set forth on the 10-page register attached to this resolution and made a part hereof have been audited as required by law and are hereby allowed in the amount set forth.

PASSED AND ADOPTED this _____ day of _______________ 2013 by the following called vote: AYES: NOES: ABSENT: ABSTAIN:

ATTEST:

______________________________ Mayor

__________________________ City Clerk Council Meeting of 7/9/2013 Page 44

Item 02

RESOLUTION NO. _______ Page 2

I hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park held this _____ day of _______________ 2013. _____________________________ City Clerk

Council Meeting of 7/9/2013 Page 45

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/24/2013 TIME: 07:05:51

PAGE NUMBER: PAYREP83

CITY OF BUENA PARK CHECK REGISTER(CONCISE)

1

SELECTION CRITERIA: checkhis.pay_run in (’DF1’,’DF3’,’DF4’) ALL CHECKS PAYRUN: DF3 DATE: 06/06/2013 CHECK NUMBER

DEPOSIT AMOUNT

CHECK AMOUNT

245923 245924

.00 .00

144.16 546.82

.00

690.98

PAYRUN TOTAL CHECK: 2

MAN/VOID

−−−−−−−−−−EMPLOYEE−−−−−−−−−−

ID NUMBER

WRIGHT, PETER SEVILLA, LUIS

5744 4730

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SELECTION CRITERIA: checkhis.pay_run in (’DF1’,’DF3’,’DF4’) ALL CHECKS PAYRUN: DF4 DATE: 06/12/2013 CHECK NUMBER

DEPOSIT AMOUNT

CHECK AMOUNT

246330 246331

.00 .00

696.90 394.19

.00

1,091.09

PAYRUN TOTAL CHECK: 2

MAN/VOID

−−−−−−−−−−EMPLOYEE−−−−−−−−−−

ID NUMBER

HENDRICKS, RICHARD D. LEATHERMAN, ROBERT

2077 2816

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SELECTION CRITERIA: checkhis.pay_run in (’DF1’,’DF3’,’DF4’) ALL CHECKS PAYRUN: DF1 DATE: 06/14/2013 CHECK NUMBER 245925 245926 245927 245928 245929 245930 V245931 V245932 V245933 V245934 V245935 V245936 V245937 V245938 V245939 V245940 V245941 V245942 V245943 V245944 V245945 V245946 V245947 V245948 V245949 V245950 V245951 V245952 V245953 V245954 V245955 V245956 V245957 V245958 V245959 V245960 V245961 V245962 V245963 V245964 V245965 V245966 V245967 V245968 V245969 V245970 V245971 V245972 V245973 V245974 V245975

DEPOSIT AMOUNT

CHECK AMOUNT

.00 .00 .00 .00 .00 .00 1,401.42 2,334.36 2,350.77 2,038.47 677.16 156.84 4,876.44 366.89 .00 432.54 240.20 394.73 513.49 1,314.36 1,171.43 1,765.62 3,249.67 1,666.89 2,724.21 1,583.39 984.61 555.74 888.61 1,260.84 562.43 3,958.93 2,008.86 1,950.75 1,214.04 1,019.24 1,079.43 1,311.23 1,318.09 2,095.29 1,513.37 2,130.98 1,442.20 1,097.83 1,794.99 2,191.18 982.70 2,519.94 2,250.49 985.09 1,399.09

1,750.99 1,377.23 95.00 71.75 63.78 209.86 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00

MAN/VOID

−−−−−−−−−−EMPLOYEE−−−−−−−−−−

ID NUMBER

HENDRICKS, RICHARD D. LEATHERMAN, ROBERT BALTAZAR, BRIAN A. CHAVEZ, MARISSA MORRIS, SHANE K. WRIGHT, PETER COOK, MARSHA A. COPPING, SARA R. FRANCE, AARON HOLMQUIST, MYRNA M. HURTADO, MAYRA A. QUEEN, LINDA S. VANDERPOOL, JAMES B. VAZQUEZ, DAMARIS BERRY, STEVE BROWN, ARTHUR C. OH, SANGJIN MILLER SMITH, FRED SWIFT, ELIZABETH A. GUERRA, SARAH E. LEWIS, MICHELE L. LONG, LINDA F. TILTON, SHALICE M. BURNETT, ALICE M. FENTON, EDWARD S. FLORES, LYDIA KERN, DONNA L. PREY, PATRICH JERALD J. GLAVIN, BARBARA HERNANDEZ, GLORIA HUTCHINSON, SANDRA HYUN, SUNG MCLAUGHLIN, LISA MENDOZA, MARIA D. MYERS, CHRISTINE M. RITTENHOUSE, DORA SANDERS, LISA M. SCHALLER, DIANE T. UTKA, MARGARET VARELA, DENNIS J. BOLIN, DIANE M. GERSCH, MICHAEL R. TEMPLETON, JOHN R. BELTRAN, CINDY BERROTERAN, RAUL CULL, ROBERT D. GODFREY, DONALD W. HADLEY, BRIAN C. CAMACHO, MARIO CARRIZALES, CLAIR M. DAVIS, SUZANNE R.

2077 2816 363 787 3572 5744 4659 951 1650 9247 2217 4300 5457 5466 475 655 3840 4937 5190 1470 2858 2930 1549 684 1564 1584 2574 4246 1768 2092 2200 2248 3188 3293 3629 4428 646 1937 5420 5463 554 1754 5267 467 476 1012 1795 1946 731 717 1085

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SELECTION CRITERIA: checkhis.pay_run in (’DF1’,’DF3’,’DF4’) ALL CHECKS V245976 V245977 V245978 V245979 V245980 V245981 V245982 V245983 V245984 V245985 V245986 V245987 V245988 V245989 V245990 V245991 V245992 V245993 V245994 V245995 V245996 V245997 V245998 V245999 V246000 V246001 V246002 V246003 V246004 V246005 V246006 V246007 V246008 V246009 V246010 V246011 V246012 V246013 V246014 V246015 V246016 V246017 V246018 V246019 V246020 V246021 V246022 V246023 V246024 V246025 V246026 V246027 V246028 V246029 V246030 V246031 V246032

1,169.78 1,199.30 410.06 2,441.42 3,924.92 2,420.26 1,395.20 1,795.08 1,596.98 1,894.16 1,411.07 592.49 1,923.53 1,700.19 2,220.72 1,778.35 2,610.32 1,550.20 3,278.16 1,559.38 2,218.56 2,990.32 4,452.56 4,549.40 1,606.22 510.67 4,862.17 1,826.31 1,872.37 2,305.14 2,058.33 1,903.40 471.98 418.57 386.36 1,785.88 1,969.19 1,608.57 342.22 2,695.99 322.97 2,407.91 488.40 215.06 3,000.04 378.36 3,478.58 187.43 2,043.09 717.19 370.06 1,723.04 285.55 379.20 107.40 1,691.23 2,025.36

.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00

LAGMAN, MARITA G. MACIAS, JUDITH EILEEN NASMAN, JORDAN A. RESSLER, MICHAEL ROSEN, JOEL SALTZBERG, JAY A. SANTOS, RUTH WALLIS, JENNIFER ZAPIEN, ERNESTINE R. ARCHULETA, MARTHA B. ARDAIZ, LANA CORONA, JOSE A. DHAUW, MELISSA FEWER, JESSICA HUI, MAY W. LOPEZ, RUBEN RIORDAN, DAVID SCOTT COTA, LORRAINE HENDRICKS, GARY T. MAGRUDER, CHARLENE MARTINEZ, DAVID NUNES, FRANK E. SELLS, ROBIN M. SIANEZ, COREY S. COTA, RYAN M. DAHLGREEN, DOLORES E. FORSYTH, RICHARD A. LAM, DAVID LUONG, ANDY MIKIEWICZ, SIMON NASMAN, LORENA SULLIVAN, STACEY ALCALA, BRITTANY M. ALFONSO, KRISTINE M. ARCOS, IRMA E. BLOUGH, BRENT A. BRANDSTETTER, JAMES C. CONN, SANDRA CRUZ, LINDSAY L. DIERINGER, REGINA EARL, AIMEE E. ESQUETINI, MARIA GEVORGYAN, LUSINE GOODYEAR, JOEL A. HERNANDEZ, SAMANTHA L. LOPEZ, JESSICA D. LOVCHIK, MICHAEL LUU, MICHAEL P. MAERKER, ELIZABETH MIZYED, PETER SONGU, RICKY TANIGUCHI, MELISSA A. THOMAS, TERI UMLAH, AMBER D. VALDIVIA, CAROLINA N. VAUGHN, ALLISON A. YOUNG, LORI

2760 2996 3695 4378 4531 4621 4640 5537 5777 189 190 952 1170 580 2220 2945 4419 954 2079 3016 9001 3813 5060 4882 955 1080 1639 2790 2967 3360 3690 5160 58 63 191 526 629 960 997 1515 1451 1536 1885 1820 2096 2936 2943 2966 3017 3432 5012 5230 5325 5435 5450 5471 1671

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SELECTION CRITERIA: checkhis.pay_run in (’DF1’,’DF3’,’DF4’) ALL CHECKS V246033 V246034 V246035 V246036 V246037 V246038 V246039 V246040 V246041 V246042 V246043 V246044 V246045 V246046 V246047 V246048 V246049 V246050 V246051 V246052 V246053 V246054 V246055 V246056 V246057 V246058 V246059 V246060 V246061 V246062 V246063 V246064 V246065 V246066 V246067 V246068 V246069 V246070 V246071 V246072 V246073 V246074 V246075 V246076 V246077 V246078 V246079 V246080 V246081 V246082 V246083 V246084 V246085 V246086 V246087 V246088 V246089

409.12 1,201.38 1,548.36 315.57 1,350.04 511.30 597.93 1,821.30 1,412.38 1,745.40 1,485.27 1,593.81 2,065.31 1,385.74 2,757.33 3,134.27 2,825.92 3,427.64 2,561.70 3,257.27 2,060.41 3,019.28 2,349.87 2,994.60 4,219.45 3,281.80 3,074.50 2,687.72 2,951.39 3,080.17 2,201.34 2,774.19 2,241.22 2,605.10 3,928.41 2,374.11 2,497.69 2,773.38 1,972.77 2,232.02 2,689.98 5,010.16 2,699.65 2,841.70 3,614.36 3,080.80 3,203.78 2,970.69 3,397.99 1,545.42 2,771.17 2,813.36 3,775.05 4,148.98 2,693.28 2,706.47 4,042.09

.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00

BABILIUS, CHARLENE CHAN, KARA K. CHAVEZ, LULIE FOUST, LINDA KOSKI, ALMA KUHN, MICHELLE L. KUHN, TARI J. MENDIVEL, CHRISTINA M. NGO, CATHERINE PENDLETON, SUN H. PERKINS, KIMBERLEE A. SERRANO, ANGELA A. TENG, LING−FEI VANPELT, LORRAINE A. BAILEY, JOHN T. BANKS, TAMRA JO BISBING, KRISTOPHER D. BOYD, ROBERT BOYINGTON, DEVIN R. BROOKS, KYLE L. CARNEY, THOMAS CARTER, BRET CARUSO, NATHANIEL CATANZARITI, RONALD W. CETINA, GONZALO CHAPMAN, BRIAN L. CHARALAMBOUS, CHRISTOS N. COLON, BOBBY S. DAVENPORT, JOSEPH DIERINGER, RYAN ESCAMILLA, MARIO FLORES, EDWARD FRANKLIN, KEVIN FRANSSEN, TODD GALOS, MICHAEL GANO, KEVIN GENTNER, GEORGE GONZALES III, JUAN F. HAM, JASON D. HARTLEY, BENJAMIN HERST, RYAN A. HOLLIDAY, STEVE W. HONG, ALEX S. JIMENEZ, GUSTAVO JONES, EILEEN M. JONES, MICHAEL R. KOHANEK, WILLIAM M. KOTANI, DIANA F. LEE, CONNOR LOPEZ, WILLYVALDO F. MARTINEZ, MANUEL MORISON, MARK NUNEZ, RICHARD CHRIS O’DETTE, DIRK W. PANTOJA, DAVID PATTON, DANA A. PELTON, GREGORY S.

273 795 800 1642 2717 2730 2747 3299 3752 4080 4735 255 2871 5455 355 68 508 584 594 645 751 767 756 759 737 796 802 900 1094 1145 1529 1583 1649 1652 1680 1742 1765 1784 1952 2040 2102 2133 2130 2285 3887 2322 2700 1585 2861 2941 3138 3568 3815 3823 3986 4050 4086

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SELECTION CRITERIA: checkhis.pay_run in (’DF1’,’DF3’,’DF4’) ALL CHECKS V246090 V246091 V246092 V246093 V246094 V246095 V246096 V246097 V246098 V246099 V246100 V246101 V246102 V246103 V246104 V246105 V246106 V246107 V246108 V246109 V246110 V246111 V246112 V246113 V246114 V246115 V246116 V246117 V246118 V246119 V246120 V246121 V246122 V246123 V246124 V246125 V246126 V246127 V246128 V246129 V246130 V246131 V246132 V246133 V246134 V246135 V246136 V246137 V246138 V246139 V246140 V246141 V246142 V246143 V246144 V246145 V246146

2,699.90 2,473.90 2,398.62 3,184.28 4,213.01 2,186.10 3,138.43 2,655.76 4,045.85 2,933.82 3,823.68 1,475.31 2,999.94 1,322.73 4,842.72 3,745.58 1,544.24 4,205.28 1,181.64 601.74 874.68 500.45 735.80 632.22 195.70 546.55 563.79 2,902.32 2,314.44 2,081.04 1,958.09 2,303.02 2,753.38 2,403.84 3,297.00 3,092.71 2,872.60 2,491.47 2,565.64 2,877.69 1,384.24 4,025.11 1,560.33 2,802.01 2,074.43 2,096.82 2,226.71 2,544.60 3,109.15 5,153.77 2,940.61 3,365.68 1,589.88 1,186.00 802.30 2,443.62 1,494.66

.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00

PINO, RICHARD P. RAMIREZ, DANIEL C. RAMIREZ JR., ANGEL SHADDOW, JON−MICHAEL SHEA, KEVIN J. VREDENBURGH, JOHN C VU, JEFFREY D. WILLIAMS, JUDITH WOO, JAMES J.H. BATES, PATRICK K. HORNUNG, FRANK M. KERBAUGH, MARILYN KIMERY, ERIC R. MCCLOUD, BRENDA PLUMLEE, ROGER A. POWELL, ROGER W. REYES, NADIA S. RICE, JAMES R. VIVEROS, NELLIE R. BAIR, JOHN M. BRETTA, RALPH A. BRICE, ARTHUR CASEY, DROUETT B. LEN, JORGE L. MARTINEZ, DAVID PEGG, ARTHUR R. UNGLES, LARRY D. ALFONZO, JESSE ALFONZO, TARA L. BONFILS, TIMEA BURCIAGA, ERIC CARNEY, PATRICK GARCIA, LUIS GEYER, BRADLEY HOOVER, JOEY V. LEPE, SERGIO MONTEZ, PEDRO MORGAN, SHAWN P. MUGICA, MANUEL T. NGUYEN, NGHIA T. NUGENT, KATHLEEN M. NYHUS, CHRISTOPHER M. O’DETTE, NANCY PIMENTEL, CHRIS W. SANG, DAVID M. TEWELL, MELISSA TREADWAY, SARA P. VONGRIES, JERRY G. WEAVER, CHAD L. WORRALL, GARY J. YAKUBOVSKY, STEVEN BIERY, JAMES JONES, ELLA THOMAS, KIMBERLY R. ALMANZA, MINERVA BARNES, DENNIS BRADLEY, JOHN J.

4171 4315 4314 4837 4767 5495 5519 5660 5720 378 9267 2570 2657 3208 4180 4228 4740 4408 5500 284 638 653 771 2900 3132 4070 5440 64 1961 579 676 752 1674 1692 2153 2901 3478 3549 3592 3755 3797 3808 1920 4153 4639 5282 4210 5482 5577 5723 5732 493 2363 5320 79 376 632

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SELECTION CRITERIA: checkhis.pay_run in (’DF1’,’DF3’,’DF4’) ALL CHECKS V246147 V246148 V246149 V246150 V246151 V246152 V246153 V246154 V246155 V246156 V246157 V246158 V246159 V246160 V246161 V246162 V246163 V246164 V246165 V246166 V246167 V246168 V246169 V246170 V246171 V246172 V246173 V246174 V246175 V246176 V246177 V246178 V246179 V246180 V246181 V246182 V246183 V246184 V246185 V246186 V246187 V246188 V246189 V246190 V246191 V246192 V246193 V246194 V246195 V246196 V246197 V246198 V246199 V246200 V246201 V246202 V246203

1,329.33 2,126.47 2,981.62 1,919.47 2,292.11 1,680.82 1,995.14 1,259.86 2,800.05 1,510.41 1,170.71 2,759.08 1,407.67 1,501.30 1,392.45 1,158.63 10,566.87 1,100.94 1,985.98 907.40 1,081.85 1,277.18 1,356.06 1,245.14 2,386.36 1,617.29 1,433.89 .00 1,189.35 2,427.83 1,484.74 1,656.37 937.22 1,235.54 1,681.84 1,952.41 1,305.96 2,587.18 2,495.89 1,165.76 1,164.15 1,136.41 1,779.29 1,309.50 1,503.76 1,517.78 1,723.97 1,509.20 525.19 1,706.05 1,247.84 262.82 1,647.06 1,626.49 1,112.20 1,895.43 959.40

.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00

DAHL, TERRY GUTIERREZ, FRANCISCO J. HENEIN, NABIL S. JAVAHERI−GHAZVINI, ROBABEH KIM, KENNETH NOUSOME, WOOD V. PHU, LEAH THOMAS, DAVID WINKLE, CHARLES E. WRAY, NORMAN C. YOUSSEF, MARY G. BRODOWSKI, DOUGLAS E. GENERA, ELIZABETH A. HLAING, THIN−YI HUNT, JOSEPH T. LUX, ANDREA RIVERA, JESS GONZALEZ, ALEJANDRO LIBUNAO, NINO C. MAGDALENO, CARLOS C. VAZQUEZ, JOE L. ARMENDARIZ, RICHARD A. CARRILLO, EDWARD GONZALEZ, ANGEL A. GRISSO, MICHAEL J. HAGAN, KEVIN J. HUNT, ROBERT S. LANFORD, JOHN R. LY, DUC V. MCGEE, MICHAEL J. MENDOZA, JOHN G. MOORE, FRANK PACE, RYAN B. PARKER, TRAVIS J. SANCHEZ, JUAN SPEAR, ANTHONY TEJADA, JOSE TRAHAN, KALANI BRITO, BOBBY BRITO, MICHAEL L. CALDERON JR., RICHARD GUERRA, JOSE KOSS, MICHAEL A. MARTLARO, MICHAEL A. MASON, DANIEL MELLADO, KIM MERROW, MATTHEW C. PORTER, JEFFREY A. RAI, MANBIR RILEY, GARY J. SANDOVAL, SANTIAGO O. VIGUERAS JR., DANIEL B. DURAN, CESAR MACIAS, RAYMOND M. MULLENBACH, PETER J. WHITESIDE, JOHN S. CAMACHO, ANGIE N.

1084 1913 2078 2281 2587 3727 4144 5316 5675 5725 5768 650 1685 2147 2249 2972 4449 1783 2912 3034 5473 197 765 1825 1883 1947 2252 2766 2969 9306 3292 3486 3940 4008 4617 5011 5246 5397 640 642 710 1912 2718 3124 3164 3289 3316 4174 4313 4413 4630 5480 1450 2998 3595 5631 702

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SELECTION CRITERIA: checkhis.pay_run in (’DF1’,’DF3’,’DF4’) ALL CHECKS V246204 V246205 V246206 V246207 V246208 V246209 V246210 V246211 V246212 V246213 V246214 V246215 V246216 V246217 V246218 V246219 V246220 V246221 V246222 V246223 V246224 V246225 V246226 V246227 V246228 V246229 V246230 V246231 V246232 V246233 V246234 V246235 V246236 V246237 V246238 V246239 V246240 V246241 V246242 V246243 V246244 V246245 V246246 V246247 V246248 V246249 V246250 V246251 V246252 V246253 V246254 V246255 V246256 V246257 V246258 V246259 V246260

1,548.68 2,300.48 2,718.67 3,073.24 1,684.38 1,948.69 .00 1,799.99 1,175.46 1,309.09 1,490.98 103.99 765.85 199.24 137.86 1,435.40 214.88 124.27 71.75 388.88 209.85 335.23 103.99 415.74 220.30 137.79 589.40 655.05 59.80 356.73 301.01 306.67 454.36 147.92 365.79 92.74 134.39 371.07 295.62 83.72 107.36 326.11 45.85 156.94 487.66 205.36 95.68 51.83 456.58 249.30 289.86 343.65 116.44 95.68 1,219.77 218.89 339.51

.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00

COLES−GUZMAN, MARY P. KURATA, DALE MARTINEZ, EDWARD J. RILEY, MARGARET TOLLIVER, IMANI Y. BACA, ANDREW ESCATEL−OROSCO, PEDRO MOJARRO, ANDREW PAULINO, REY O. ROMERO, FIDEL WELLS, ANTHONY G. ACOSTA, MARISA A. AGUIRRE, CARLOS ARIAS, ANGELA M. ATIENZA, JONATHAN BATRES, SONIA L. BLATTER, MAHLON D. BOONE, ASHLEY E. BORREGO, SARA BROWN, JAZMIN CAMPBELL, PHYLLIS J. CAMPOS, ALBERTO A. CARLOS, ANGELICA CHAVEZ, ARIANA H. CHAVEZ, SERGIO CLEMENTE, MARIO CLINE, ANDREW COCCA, ALEXANDRIA A. DELACRUZ, MIGUEL DEVILBISS, KRISTEN DIAZ, ROSE H. DODGE, JORDAN A. ELDER, DONNA FERNANDES, JACLYN FERNANDES, JUSTIN M. FLORES, GUILLERMO GARCIA, URIEL GERSCH, DEREK M. GONCALVES, MELANIE D. GORDON, JASMINE GUZMAN, NADINE HAN, HOON J. HICHO, CHARLES A. JOSHI, SHYAM B. KORSGADEN, MICHAEL LACOUR, SYDNEY LAUFOU, CHANNING LEMUS, CARLOS A. LUGO, JUANA MAGLAQUI, RAFAEL MCKAY, AYRON MENESES, VANESSA M. MERCADO, CARISSA A. MORONES, SAMANTHA NIELSEN, ROSEMARY PARANAL, BRYAN PARKHILL, KEVIN A.

950 2749 3143 4607 5356 315 1537 3082 4063 4530 5610 20 24 196 237 1770 520 560 582 656 700 725 764 788 786 828 940 830 1107 2255 1160 1355 1492 1565 1568 1576 1709 1757 1781 1830 1917 1974 2115 2399 2699 2751 2759 2895 2964 3037 3215 1782 3303 3570 3760 4009 4006

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9

SELECTION CRITERIA: checkhis.pay_run in (’DF1’,’DF3’,’DF4’) ALL CHECKS V246261 V246262 V246263 V246264 V246265 V246266 V246267 V246268 V246269 V246270 V246271 V246272 V246273 V246274 V246275 V246276 V246277 V246278 V246279 V246280 V246281 V246282 V246283 V246284 V246285 V246286 V246287 V246288 V246289 V246290 V246291 V246292 V246293 V246294 V246295 V246296 V246297 V246298 V246299 V246300 V246301 V246302 V246303 V246304 V246305 V246306 V246307 V246308 V246309 V246310 V246311 V246312 V246313 V246314 V246315 V246316 V246317

319.81 71.75 63.78 1,237.66 152.99 202.72 71.75 214.99 883.75 71.75 294.57 172.91 2,707.33 413.72 200.03 127.65 435.13 687.83 195.23 214.99 482.81 56.14 523.61 1,368.37 327.50 79.74 398.08 151.30 366.41 107.63 23.91 63.78 264.57 368.53 174.95 271.62 63.78 1,240.31 113.04 174.95 191.54 565.28 63.78 216.05 238.52 191.34 191.54 938.79 191.34 1,167.25 297.43 63.78 200.41 63.78 325.21 471.70 493.05

.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00

PLUNKETT, DUSTIN G. POWERS, COURTNEY M. QUENGA, SEAN RAMIREZ, VERONICA RIOS, CORINA RODRIGUEZ, GRACE K. RODRIGUEZ, JASLEEN RODRIGUEZ, SHELLEY L. ROGERS, PATRICK J. ROMERO, SELENA ROMERO, SOCORRO RUIZ, ANA M. SAUCEDA, MARK G. SHAW, JARED SHERMET, FRANCES SIPES, KIMBERLY SMITH, ESTHER L. STRICKLER, LINDA L. SUZUKI, JORDAN K. TART, ANDRE J. TENORIO, FIDELINA S. TURNER, CURTIS J. VALERIO, LINDSAY VANSICKLE, MICHELLE VELARDE, JUDY D. VERA, DIANA WEST, TRACEY WHITE, APRYLL WHITFIELD, CHARLES WOLFE, AMBER ZAVALETA, LINETTE BELTRAN, PATRICK BENJAMIN, NATHAN BENJAMIN, SARAH E. CABRAL, GABRIEL CALDERON, JESSICA CARLOS, RENE CHAVEZ, ALEJANDRO CHAVEZ, ISMAEL CISNEROS, STEPHANIE DAVIS, VICTORIA FLORES, DENISE FREYRE, ITZYA KLOEPFER, CODY T. KUCUKARSLAN, GREGORY V. LAWLOR, NICHOLAS LAWLOR, SHANE C. MEDIRAN, JOHN MENDOZA, MIA G. RABANERA, AL TORDIL, AMANTE WRIGHT, KEVIN S. WRIGHT, SEAN WRIGHT, WILLIAM BIRD, WILLIAM CAMARILLO, OMAR CHANDLER, CONDER

4190 4230 4301 4336 4425 4491 4483 4485 4480 4521 4528 4591 4642 4760 1654 4900 4930 5135 5170 5235 4746 5430 5461 2076 5475 5478 5624 5627 5629 5705 5779 469 453 340 701 709 763 785 822 810 1086 1578 1657 2704 2729 2795 2779 3317 3295 4307 5361 5736 5740 5745 509 716 794

Council Meeting of 7/9/2013 Page 54

Item 02

SUNGARD PUBLIC SECTOR DATE: 06/24/2013 TIME: 07:05:51

PAGE NUMBER: PAYREP83

CITY OF BUENA PARK CHECK REGISTER(CONCISE)

10

SELECTION CRITERIA: checkhis.pay_run in (’DF1’,’DF3’,’DF4’) ALL CHECKS V246318 V246319 V246320 V246321 V246322 V246323 V246324 V246325 V246326 V246327 V246328 V246329

624.91 714.54 515.22 525.26 680.63 906.13 764.28 698.03 624.91 640.95 135.02 821.14

.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00

PAYRUN TOTAL CHECK: 405

603,277.06

3,568.61

TOTAL CHECKS:

603,277.06

5,350.68

409

ELIZARRARAZ−RAMOS, JOHN GARCIA, JOSHUA S. HERNANDEZ, IGNACIO A. HINOJOS, VINCENT HOWE, JAMES KLINE, ADAM MUNOZ, GENE R. ORTEGA, RITO SEVILLA, LUIS TINAJERO, MAURILIO VALVERDE, DEREK VANDEWEERD, JEREMY

1496 1660 2085 2125 2197 2677 3600 3877 4730 5351 5464 5458

Council Meeting of 7/9/2013 Page 55

Item 03

AGENDA REPORT TO CITY COUNCIL

MEETING DATE:

July 9, 2013

TO:

The Mayor and City Council

TITLE:

RESOLUTION AUTHORIZING SIGNATORY ON DOCUMENTS ASSOCIATED WITH THE RESIDENTIAL HOME IMPROVEMENT LOAN AND GRANT PROGRAMS AND FIRST TIME HOME BUYER PROGRAM

RECOMMENDED ACTION: 1) Adopt a resolution authorizing the City Manager and the Economic Development Administrator to be signatory on documents associated with the Home Improvement Loan and Grant Programs and the First Time Home Buyer Program; and 2) Authorize the City Clerk to record the adopted resolution. PURPOSE: To update signatory authority for the Home Improvement and Grant Programs and First Time Home Buyer Program as the result of personnel changes. DISCUSSION: To administer the City’s Home Improvement Loan and Grant Programs and First Time Home Buyer Program miscellaneous documents are required to be executed by an appointed signatory. Home improvement documents consist of, but are not limited to, the Committee Action Form, Loan Documents, Contract and Agreement, and Certificate of Acceptance when a lien is placed on real property. First Time Home Buyer Program documents consist of, but are not limited to, Loan Documents, Certificate of Acceptance, Designated Payee Authorization, and Project Drawdown Request. Both programs may require approval of subordination documents in the future if the owner decides to refinance their home. The attached resolution authorizes the City Manager or in his absence, the Economic Development Administrator, to sign related project documents. BUDGET IMPACT: There is no budget impact to adopt the resolution. Prepared by: Approved by:

Ruben M. Lopez, Economic Development Administrator Jim Vanderpool, City Manager

ATTACHMENT: Resolution

Council Meeting of 7/9/2013 Page 56

Item 03

RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, AUTHORIZING THE CITY MANAGER AND ECONOMIC DEVELOPMENT ADMINISTRATOR TO EXECUTE CERTIFICATES OF ACCEPTANCE AND LOAN DOCUMENTS PERTAINING ONLY TO THE CITY’S HOME IMPROVEMENT AND GRANT LOAN PROGRAMS AND THE FIRST TIME HOME BUYER PROGRAM ON BEHALF OF THE CITY WHEREAS, the City of Buena Park is a charter city operating under its charter and the laws of the State of California; and WHEREAS, the City Manager of the City of Buena Park is the administrative head of the city government of the City of Buena Park; and WHEREAS, James B. Vanderpool has been appointed the position of City Manager of the City of Buena Park as of July 13, 2012; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK does hereby resolve, determine and order as follows: SECTION 1: James B. Vanderpool, City Manager, or in his absence or incapacity, Ruben M. Lopez, Economic Development Administrator, is hereby authorized to accept and consent to all deeds or grants conveying any interested in or easement upon real estate, and other related project documents pertaining ONLY to the Home Improvement and Grant Programs and the First Time Home Buyer Program and to execute certificates of acceptance pertaining to the aforementioned programs, substantially in the form provided for in Government Code Section 27281. SECTION 2: The City Clerk of the City of Buena Park is hereby directed to cause a certified copy of this resolution to be recorded with the County Recorder. SECTION 3: This resolution is adopted pursuant to authority granted by Government Code Section 27281 and shall take effect as of July 9, 2013. PASSED AND ADOPTED this 9th day of July, by the following called vote: AYES:

COUNCILMEMBERS:

NOES:

COUNCILMEMBERS:

ABSENT:

COUNCILMEMBERS:

ABSTAIN:

COUNCILMEMBERS: _______________________________________

Mayor ATTEST: _______________________________________ City Clerk I hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park held this ______ day of ______. _______________________________________ City Clerk Council Meeting of 7/9/2013 Page 57

Item 04

AGENDA REPORT TO CITY COUNCIL

MEETING DATE:

July 9, 2013

TO:

The Mayor and City Council

TITLE:

LEGAL SERVICES CONTRACTS

RECOMMENDED ACTION: 1) Approve an agreement with John B. Tharp, Attorney at Law; 2) Approve an agreement with Law Offices of Tous & Associates; and 3) Authorize the City Attorney and City Manager to make any non-monetary changes; and 4) Authorize the City Manager and City Clerk to executive the agreements. PURPOSE: To approve contracts for worker’s compensation legal services retained by the City. DISCUSSION: At the study session on June 11, 2013, the Council directed staff to move forward with agreements with several attorney firms including John B. Tharp, Attorney at Law, and Law Offices of Tous & Associates. On June 25, 2013, several attorney firm contracts were approved by Council. Unfortunately, these two contracts were unable to be reviewed by the respective attorneys for that meeting, but are now ready for approval. BUDGET IMPACT: Both John B. Tharp and the Law Offices of Tous & Associates have not requested a rate increase in association with this agreement. As such, there is no impact to the budget for the approval of these two legal services contracts. Prepared by: Approved by:

Aaron France, Assistant to the City Manager Jim Vanderpool, City Manager

Presented by:

Aaron France, Assistant to the City Manager

ATTACHMENTS: 1) Attorney Services matrix 2) Professional Services Agreement – John B. Tharp, Attorney at Law 3) Professional Services Agreement – Law Offices of Tous & Associates

Council Meeting of 7/9/2013 Page 58

Item 04

Legal & Investigative Services - City of Buena Park Law Firm Richards, Watson & Gershon Liebert, Cassidy & Whitmore Ferguson, Praet & Sherman Wood, Smith, Henning & Berman Jones & Mayer John Tharp Floyd, Skeren & Kelly

Services General Counsel Labor Public Safety Defense General Liability City Prosecutor Workers Comp Workers Comp Workers Comp

Stockwell Harris Woolverton Muehl Law Offices of Tous & Assoc Workers Comp

FY 12-13 (Through April) YTD Expenditures $190,564.60 $193,272.03 $19,777.38 $8,879.25 $46,747.76 $14,905 $23,999.61 $48,670.67

Hourly Rate $180 $270 $185 $185 $123.10 $165 $150 $135

Reqest for Increase $190 (FY13-14) $300 Status Quo Status Quo $140 Status Quo $165 $165

$18,018.80

$150

Status Quo

Council Meeting of 7/9/2013 Page 59

Item 04

PROFESSIONAL SERVICES AGREEMENT NO. 13DATE:

June 5, 2013

PROJECT:

Public Safety Defense Legal Services

PARTIES TO THE AGREEMENT: “CITY” The CITY OF BUENA PARK, a municipal corporation Designated Official:

Name:

Jim Vanderpool

Title:

City Manager

Telephone: Mailing Address:

(714) 562-3500

6650 Beach Boulevard P.O. Box 5009 Buena Park, CA 90622-5009

THE CONSULTANT

John B. Tharp, Attorney at Law Name of Business

Representative:

Name:

John B. Tharp

Title:

Attorney

Telephone: Address:

1442 Irvine Boulevard, Suite 119 Tustin, CA 92780-3845

TERM OF SERVICE: Estimated Commencement Date:

July 9, 2013

Estimated Completion Date:

“As Needed Basis”

COST OF SERVICE: APPROVED BY: ( X ) City Council

Hourly Rates as Listed Within This Agreement (

) City Manager

(

) Director of Public Works

THIS AGREEMENT MUST BE FIRST EXECUTED BY THE CONSULTANT OR ITS REPRESENTATIVE AND APPROVED AS TO FORM BY THE CITY ATTORNEY BEFORE THE AGREEMENT MAY BE EXECUTED ON BEHALF OF THE CITY OF BUENA PARK. APPROVED: _______________ DATE: ________ PAGE 1 OF 11 T:\Jessica\Projects\2013\2013.06.05 Legal Services\Junk\00 Professional Services Agreement_John TharpFINAL.doc Revised: 2-Jul-13

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Item 04

THIS AGREEMENT is entered into this 9th day of July, 2013, by and between John B. Tharp (hereinafter called the "CONSULTANT") and the CITY OF BUENA PARK (hereinafter called the "CITY").

The CONSULTANT and the CITY are sometimes referred to herein

collectively as the “Parties” and singularly as “Party”. RECITALS A.

The CITY desires to utilize the services of the CONSULTANT as an independent

contractor to assist with worker’s compensation defense legal services for the City of Buena Park; B.

The CONSULTANT is fully qualified to perform the tasks necessary for this project

by virtue of its experience and the training, education and expertise of its principals and employees.

NOW, THEREFORE, the Parties agree as follows: 1.0 EMPLOYMENT OF CONSULTANT. The CITY shall engage CONSULTANT and the CONSULTANT shall perform the services required under this Agreement. 2.0 SERVICES. City hereby hires CONSULTANT to act as Counsel for worker’s compensation matters and in that capacity to represent the City. CONSULTANT shall provide these legal services reasonably required to represent City and shall take reasonable steps to keep City informed of progress and to respond to CITY’s inquiries. The CITY may, from time to time, request changes in the scope of services of the CONSULTANT to be performed under this Agreement. Such changes shall be in the form of a written amendment to this Agreement signed by both Parties and shall include any additional compensation agreed to by the Parties. 3.0 TIME OF PERFORMANCE. CONSULTANT shall commence the services contemplated under this Agreement immediately upon receipt of a written request for such services from the Designated Official and shall perform all services with reasonable diligence consistent with professional skill and care for like professionals under similar circumstances. 4.0 TERM. This Agreement shall commence on June 5, 2013 (the “Effective Date”), and shall remain in full force and effect on an on-going basis, unless sooner terminated as provided in Section 10 herein. 5.0

COMPENSATION.

5.1 Attorney’s Fees. CITY will pay CONSULTANT for services provded under this Agreement at the respective hourly rates of the individuals providing the services. The rates shall be as follows: $165.00 per hour. CONSULTANT will charge in increments of one tenth of an hour, rounded off for each particular acitivty to the nearest one tenth of an hour. The minimum time charged for any particular activity will be one tenth of an hour.

APPROVED: _______ DATE: _________ PSA # ____________ Revised: 2-Jul-13

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Item 04

5.2 Out of Pocket Expenses. A. Non-Reimbursable Expenses. CONSULTANT shall not be separately compensated for secretaries, word processing or other support staff. C. Reimbursable Expenses. The City shall reimburse CONSULTANT for the following costs advanced in connection with activities performed by CONSULTANT on behalf of the City: printing and outside copying services, expenses, filing fees, court fees, cost of investigators or other experts, cost of service of process, extraordinary travel expenses other than to court or to any location in the City of Buena Park, parking charges, messenger and express delivery, deposition costs and court reporting costs. No individual cost in excess of $200 shall be incurred without the approval of the City Manager or his writeen designee. All costs in excess of $1,000.00 shall be forwarded or billed to the City for direct payment by the City. 6.0 PAYMENT. Each month, CONSULTANT shall submit to CITY invoices for the services performed pursuant to this Agreement. The invoices shall describe in detail the services rendered during the period and shall show the days worked, number of hours worked, the hourly rates charged, milestone achievements, and the services performed for each day in the period. Said invoices shall be remitted to the the City’s Third Party Claims Administrator (TPA). TPA shall review all invoices and notify CONSULTANT in writing within ten (10) business days of any disputed amounts on behalf of the CITY. CITY shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the maximum amount set forth in Section 5.0 of this Agreement. 7.0 STANDARD OF SKILL. CONSULTANT warrants that it possesses the professional expertise necessary to perform the work contemplated by this Agreement. CITY relies upon the skill of the CONSULTANT, and CONSULTANT's staff, if any, to do and perform such work in a skillful manner, and CONSULTANT agrees to thus perform CONSULTANT's work. The acceptance of CONSULTANT's work by the CITY shall not operate as a release of the CONSULTANT from such standard of care and workmanship. 8.0 INDEPENDENT CONTRACTOR. CONSULTANT is retained by CITY only to the extent set forth in this Agreement, and the CONSULTANT's relationship to the CITY is that of an independent contractor. CONSULTANT shall be free to dispose of all portions of CONSULTANT's time and activities which CONSULTANT is not obligated to devote to the CITY in such a manner and to such persons, firms, or corporations as the CONSULTANT sees fit except as expressly provided in this Agreement. Neither the CITY nor any of its agents shall have control over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as set forth in this Agreement. CONSULTANT shall not have the status of an employee under this Agreement, or be entitled to participate in any insurance, medical care, vacation, sick leave or other benefits provided for CITY's officers or employees. CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the CITY. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers’ compensation law regarding CONSULTANT and CONSULTANT’s employees. CONSULTANT APPROVED: _______ DATE: _________ PSA # ____________ Revised: 2-Jul-13

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Item 04

further agrees to indemnify and hold CITY harmless from any failure of CONSULTANT to comply with applicable workers’ compensation laws. CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section 8.0. 9.0 INDEMNIFICATION. CONSULTANT and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the CITY. CONSULTANT acknowledges that CITY would not have entered into this Agreement in the absence of the commitment of CONSULTANT to indemnify and protect CITY as set forth here. A. Other than in the performance of professional services and to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold the CITY and CITY’s elected officials, officers, employees, agents and volunteers free and harmless from and against all tort liability, including liability for claims, suits, actions, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney’s fees, court costs, and expert witness fees incurred by CITY, arising out of or in any way connected with, in whole or in part, the acts or omissions of CONSULTANT or any of CONSULTANT’s officers, agents, employees or contractors in the performance of this Agreement, including, but not limited to, claims, suits and liabilities for bodily injury, death or property damage to any individual or entity, including employees or officials of CONSULTANT. The provisions of this paragraph shall not apply to claims arising out of the sole negligence or willful misconduct of CITY, any of CITY’s elected officials, officers, employees or agents. In addition to the foregoing, CONSULTANT shall indemnify, defend and hold free and harmless the CITY and CITY’s elected officials, officers and employees from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees, expert witness fees, and costs to the extent the same are caused by negligence of CONSULTANT, or any of CONSULTANT’s officers, agents, employees or contractors, in the performance of professional services pursuant to this Agreement. B. Without affecting the rights of CITY under any provision of this agreement or this section, CONSULTANT 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 sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. C. The obligations of CONSULTANT under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY, its employees, agents and officials. CONSULTANT’s indemnity obligation set forth in this provision will not be limited by the limits of any policies of insurance required and/or provided by CONSULTANT pursuant to this Agreement.

APPROVED: _______ DATE: _________ PSA # ____________ Revised: 2-Jul-13

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10.0 TERMINATION OF AGREEMENT. CITY may terminate this Agreement at any time during the term of the Agreement by giving CONSULTANT thirty (30) days notice in writing. CONSULTANT may only terminate this Agreement for cause by giving CITY notice in writing. If the Agreement is terminated pursuant to this Section 10, CONSULTANT shall be paid for services satisfactorily rendered to the last working day the Agreement is in effect, and CONSULTANT shall have no other claim against CITY by reason of such termination. This Agreement may be extended beyond the term only by the written agreement of both Parties prior to the expiration of the term of the Agreement. 11.0 SAFETY REQUIREMENTS. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The CITY reserves the right to issue restraint or cease and desist orders to the CONSULTANT when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The CONSULTANT shall maintain the work sites free of hazards to persons and property resulting from its operations. Any hazardous condition noted by the CONSULTANT, which is not the result of CONSULTANT’s operations, shall immediately be reported to the CITY. 12.0 MANDATORY INSURANCE. CONSULTANT shall maintain the following insurance coverage throughout the term of this Agreement, and upon request CONSULTANT shall show CITY evidence of such coverage, which may include visual inspection of all policies, copies of declarations page, endorsements signed by an authorized representative of the underwriting company, or certificates of insurance. Insurance coverage shall be provided in the forms and coverage amounts set forth in this Section. 12.1 Minimum Scope of Insurance. The CONSULTANT shall maintain policies with coverage at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form Number CG 00 01). 2. Auto Liability Insurance with coverage at least as broad as Insurance Services Office Form Number CA 0001 covering “Any Auto” (Symbol 1). 3. Workers Compensation insurance as required by the State of California and Employer's Liability insurance. 4. Error and Omissions liability insurance.

12.2 Minimum Limits of Insurance. The CONSULTANT shall maintain insurance coverage limits not less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit, and shall contain specified language creating a duty to defend against any suit seeking damages.

APPROVED: _______ DATE: _________ PSA # ____________ Revised: 2-Jul-13

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Item 04

2. Automobile Liability: $250,000 per accident for bodily injury and property damage, $500,000 aggregate. 3.

Employer's Liability: $1,000,000 per accident for bodily injury or disease.

4.

Errors and Omission liability:

$100,000 per occurrence, $300,000

aggregate.

12.3 Deductibles and Self-insured Retentions: Any deductibles and/or self-insured retention's must be declared to and approved by the CITY prior to CONTRACTOR commencing any work under this Agreement. At the option of the CITY, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its elected officials, officers, attorneys, agents, employees, and designated volunteers; or, (ii) the CONSULTANT shall provide a financial guarantee satisfactory to the CITY, guaranteeing payment of losses and related investigations, claim administration and defense expenses. 12.4 Required Endorsements. Each insurance policy required by this Section 12 shall be endorsed as follows: 1. Except with respect to any errors and omissions policy required by this Section 12, the CITY, its elected officials, officers, attorneys, agents, employees, independent contractors serving in the role of city officials, and designated volunteers shall be named as additional insureds. 2.

Additional Insured Endorsements shall not: a. Be limited to “Ongoing Operations”. b. Exclude “Contractual Operations”. c. Restrict coverage to the “Sole” liability of the contractor. d. Contain any other exclusion contrary to the contract.

3. For any claims related to this project, the CONSULTANT's insurance coverage shall be primary to any other similar insurance carried by the CITY. Any insurance or self-insurance maintained by the CITY, its elected officials, officers, attorneys, agents, employees, and designated volunteers, shall be excess of the CONSULTANT's insurance and shall not be called upon to contribute with it. 4. 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. Such notice shall be provided via certified mail, return receipt requested. CONSULTANT shall require its insurer to modify the applicable policy and all certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. 5. Each policy shall be endorsed to state that the insurer waives the right of subrogation against City and its officers, employees, agents, independent contractors serving in the role of city officials, and designated volunteers.

APPROVED: _______ DATE: _________ PSA # ____________ Revised: 2-Jul-13

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Item 04

12.5 Other Insurance Provisions. The CONSULTANT and CITY further agree as follows: 1. All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to the CITY or its operations limits the application of such insurance coverage. 2. Requirements of specific coverage features or limits contained in this Section 12 are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 3. All insurance coverage shall cover the operations of the CONSULTANT pursuant to the terms of this Agreement. 4. Any actual or alleged failure on the part of CITY or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of CITY or any additional insured, in this or any other regard. 5. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT. 6. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT that includes CITY as a defendant. CITY assumes no obligation or liability by such notice. CITY shall have the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the CITY. 12.6 Acceptability of Insurers. All insurance coverage required by this Section 12 shall be written by insurers admitted to conduct business in the State of California by the Department of Insurance and rated “A:VIII” in the most recent A.M. Best's Key Insurance Rating Guide. 12.7 Verification of Coverage. CONSULTANT shall furnish the CITY with evidence of the insurance required by this Section, satisfactory to CITY. Such evidence shall consist of original certificates of insurance and amendatory endorsements, and an additional insured endorsement. The endorsements shall be on forms provided by the CITY or on such other forms approved by the CITY in writing, and amended to conform to the CITY's requirements. CONSULTANT shall file all certificates of insurance and fully executed endorsements with the CITY before work commences. Thereafter, CONSULTANT shall provide proof that the policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof shall be furnished to the CITY prior to the expiration of the affected coverages. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. CONSULTANT agrees to provide complete copies of policies to CITY upon request. APPROVED: _______ DATE: _________ PSA # ____________ Revised: 2-Jul-13

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12.8 Subcontractors. CONSULTANT shall include all subcontractors or any other party involved in the project by CONSULTANT as insured under its policies or shall require subcontractors or any other party involved in the project by CONSULTANT to carry the same insurance as required herein. CONSULTANT agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. CONSULTANT agrees to require that no contract used by any subcontractor, or contracts CONSULTANT enters into on behalf of CITY, will reserve the right to charge back to CITY the cost of insurance required by this Agreement. CONSULTANT agrees that upon request, all agreements with subcontractors or others with whom CONSULTANT 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 shall not impose any liability on CITY, or its employees, nor shall such failure be deemed a waiver of any rights by CITY. 13.0 WORK PRODUCT. 13.1 Deliverables. CONSULTANT shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. CONSULTANT shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to CONSULTANT by the CITY. 13.2 Ownership. Each and every report, draft, work product, map, record and other document produced, reproduced, prepared, or caused to be prepared by the CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of the CITY. 13.3 Confidentiality. CONSULTANT shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to CONSULTANT by the CITY or other information to which the CONSULTANT has had access during the term of this Agreement without the prior written approval of the Designated Official during the term of this Agreement. CONSULTANT’s covenant under this section shall survive the termination of this Agreement. 13.4 Records. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the CITY or the Designated Official. The CONSULTANT shall maintain adequate records on services provided in sufficient detail to permit an evaluation of service. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. At all times during regular business hours, CONSULTANT shall provide access to such books and records to the Designated Official or his or her designees, and shall give the Designated Official or his or her designees the right to examine and audit such books and records and to make transcripts as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. 14.0 ASSIGNMENT. This Agreement is personal to the CONSULTANT. Any attempt at assignment by the CONSULTANT shall be void unless approved in writing in advance by the Designated Official. CONSULTANT's services pursuant to this Agreement shall be provided by the Representative or directly under the supervision of the Representative and CONSULTANT shall not assign another to supervise the CONSULTANT's performance of this Agreement without the prior written approval of the CITY, by and through the Designated Official. APPROVED: _______ DATE: _________ PSA # ____________ Revised: 2-Jul-13

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15.0 MISCELLANEOUS TERMS. 15.1 Nuisance. CONSULTANT shall not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement. 15.2 Permits and Licenses. CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 15.3 Conflicts of Interest. CONSULTANT agrees to be familiar with and comply with all applicable federal, state, and local conflict of Interest laws, including, but not limited to, the Political Reform Act (California Government Code Section 81000, et seq.) and California Government Code Section 1090. During the term of this Agreement, CONSULTANT shall retain the right to perform similar services for other clients, but CONSULTANT and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Manager, perform work for another person or entity for whom CONSULTANT is not currently performing work that would require CONSULTANT or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.. 15.4 Waiver. A waiver by the CITY of any breach of any term, covenant, or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement whether of the same or different character. 15.5 Accomplishment of Project. The CONSULTANT shall commence, carry on, and complete its assignments with all practicable dispatch, in a sound, economical, and efficient manner in accordance with all applicable laws and generally accepted industry standards. 15.6 Captions for Convenience Only. The titles of the sections, subsections, and paragraphs set forth in this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of the provisions of this Agreement. 15.7 Notices. Any notice required by this Agreement to be given in writing to the person, at the addresses specified on first page of this Agreement. Either party may change the specified person or address at which it is to receive notices by advising the other party in writing. 15.8 No Third Party Beneficiaries. The CITY shall not be obligated or liable under this Agreement to any party other than the CONSULTANT. 15.9 When Rights and Remedies Not Waived. In no event shall the making by the CITY of any payment to the CONSULTANT constitute or be construed as a waiver by the CITY of any breach of covenant, or any default which may then exist, on the part of the CONSULTANT, and the making of any such payment by the CITY while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default.

APPROVED: _______ DATE: _________ PSA # ____________ Revised: 2-Jul-13

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15.10 Cost of Litigation. If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing Party shall be entitled to receive from the losing Party all costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. 15.11 Compliance with Laws. In the performance of the work required by this Agreement, CONSULTANT shall abide by and conform with and to any and all applicable laws of the United States and the State of California, and with the CITY's Municipal Code, ordinances, regulations and policies. 15.12 Severability. If any part, term, or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected by such holding. 15.13 Governing Law. The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in a competent court in Orange County, California. 15.14 Integrated Contract. This Agreement represents the entire Agreement between the CITY and CONSULTANT with respect to the subject matter hereto and supersedes all prior oral or written negotiations, representations or agreements. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 15.15 Agreement Governs Relationship. In the event of any inconsistency between the provisions of this Agreement and CONSULTANT's proposal, the provisions of this Agreement shall control. 15.16 Authority to Bind Parties. Each of the undersigned hereby represents that he or she has the authority to execute the Agreement on behalf of his or her contracting party. 15.17 Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

APPROVED: _______ DATE: _________ PSA # ____________ Revised: 2-Jul-13

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PROFESSIONAL SERVICES AGREEMENT NO. 13DATE:

June 5, 2013

PROJECT:

Worker’s Compensation Defense Legal Services

PARTIES TO THE AGREEMENT: “CITY” The CITY OF BUENA PARK, a municipal corporation Designated Official:

Name:

Jim Vanderpool

Title:

City Manager

Telephone: Mailing Address:

(714) 562-3500

6650 Beach Boulevard P.O. Box 5009 Buena Park, CA 90622-5009

THE CONSULTANT

Law Offices of Tous & Associates Name of Business

Representative:

Name:

David M. Tous

Title:

Attorney at Law

Telephone: Address:

5200 Warner Avenue, Suite 201 Huntington Beach, CA 92649

TERM OF SERVICE: Estimated Commencement Date:

July 9, 2013

Estimated Completion Date:

“As Needed Basis”

COST OF SERVICE: APPROVED BY: ( X ) City Council

Hourly Rates as Listed Within This Agreement (

) City Manager

(

) Director of Public Works

THIS AGREEMENT MUST BE FIRST EXECUTED BY THE CONSULTANT OR ITS REPRESENTATIVE AND APPROVED AS TO FORM BY THE CITY ATTORNEY BEFORE THE AGREEMENT MAY BE EXECUTED ON BEHALF OF THE CITY OF BUENA PARK. APPROVED: _______________ DATE: ________ PAGE 1 OF 11 C:\Documents and Settings\jfewer\Local Settings\Temporary Internet Files\Content.Outlook\SG4862TX\Professional Services Agreement_David Tous.doc Revised: 2-Jul-13

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THIS AGREEMENT is entered into this 9th day of July, 2013, by and between Law Offices of Tous and Associates (hereinafter called the "CONSULTANT") and the CITY OF BUENA PARK (hereinafter called the "CITY").

The CONSULTANT and the CITY are

sometimes referred to herein collectively as the “Parties” and singularly as “Party”. RECITALS A.

The CITY desires to utilize the services of the CONSULTANT as an independent

contractor to assist with worker’s compensation defense legal services for the City of Buena Park; B.

The CONSULTANT is fully qualified to perform the tasks necessary for this project

by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, the Parties agree as follows: 1.0 EMPLOYMENT OF CONSULTANT. The CITY shall engage CONSULTANT and the CONSULTANT shall perform the services required under this Agreement. 2.0 SERVICES. City hereby hires CONSULTANT to act as Counsel for worker’s compensation defense matters and in that capacity to represent the City. CONSULTANT shall provide these legal services reasonably required to represent City and shall take reasonable steps to keep City informed of progress and to respond to CITY’s inquiries. The CITY may, from time to time, request changes in the scope of services of the CONSULTANT to be performed under this Agreement. Such changes shall be in the form of a written amendment to this Agreement signed by both Parties and shall include any additional compensation agreed to by the Parties. 3.0 TIME OF PERFORMANCE. CONSULTANT shall commence the services contemplated under this Agreement immediately upon receipt of a written request for such services from the Designated Official and shall perform all services with reasonable diligence consistent with professional skill and care for like professionals under similar circumstances. 4.0 TERM. This Agreement shall commence on June 5, 2013 (the “Effective Date”), and shall remain in full force and effect on an on-going basis, unless sooner terminated as provided in Section 10 herein. 5.0

COMPENSATION.

5.1 Attorney’s Fees. CITY will pay CONSULTANT for services provded under this Agreement at the respective hourly rates of the individuals providing the services. The rates shall be as follows: $165 per hour. CONSULTANT will charge in increments of one tenth of an hour, rounded off for each particular acitivty to the nearest one tenth of an hour. The minimum time charged for any particular activity will be one tenth of an hour. APPROVED: _______ DATE: _________ PSA # ____________ Revised: 2-Jul-13

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5.2 Out of Pocket Expenses. A. Non-Reimbursable Expenses. CONSULTANT shall not be separately compensated for secretaries, word processing or other support staff. C. Reimbursable Expenses. The City shall reimburse CONSULTANT for the following costs advanced in connection with activities performed by CONSULTANT on behalf of the City: printing and outside copying services, expenses, filing fees, court fees, cost of investigators or other experts, cost of service of process, extraordinary travel expenses other than to court or to any location in the City of Buena Park, parking charges, messenger and express delivery, deposition costs and court reporting costs. No individual cost in excess of $200.00 shall be incurred without the approval of the City Manager or his writeen designee. All costs in excess of $1,000.00 shall be forwarded or billed to the City for direct payment by the City. 6.0 PAYMENT. Each month, CONSULTANT shall submit to CITY invoices for the services performed pursuant to this Agreement. The invoices shall describe in detail the services rendered during the period and shall show the days worked, number of hours worked, the hourly rates charged, milestone achievements, and the services performed for each day in the period. Said invoices shall be remitted to the Third Party Claims administrator (TPA). TPAshall review all invoices and notify CONSULTANT in writing within ten (10) business days of any disputed amounts on behalf of the CITY. CITY shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the maximum amount set forth in Section 5.0 of this Agreement. 7.0 STANDARD OF SKILL. CONSULTANT warrants that it possesses the professional expertise necessary to perform the work contemplated by this Agreement. CITY relies upon the skill of the CONSULTANT, and CONSULTANT's staff, if any, to do and perform such work in a skillful manner, and CONSULTANT agrees to thus perform CONSULTANT's work. The acceptance of CONSULTANT's work by the CITY shall not operate as a release of the CONSULTANT from such standard of care and workmanship. 8.0 INDEPENDENT CONTRACTOR. CONSULTANT is retained by CITY only to the extent set forth in this Agreement, and the CONSULTANT's relationship to the CITY is that of an independent contractor. CONSULTANT shall be free to dispose of all portions of CONSULTANT's time and activities which CONSULTANT is not obligated to devote to the CITY in such a manner and to such persons, firms, or corporations as the CONSULTANT sees fit except as expressly provided in this Agreement. Neither the CITY nor any of its agents shall have control over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as set forth in this Agreement. CONSULTANT shall not have the status of an employee under this Agreement, or be entitled to participate in any insurance, medical care, vacation, sick leave or other benefits provided for CITY's officers or employees. CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the CITY. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers’ compensation law regarding CONSULTANT and CONSULTANT’s employees. CONSULTANT APPROVED: _______ DATE: _________ PSA # ____________ Revised: 2-Jul-13

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further agrees to indemnify and hold CITY harmless from any failure of CONSULTANT to comply with applicable workers’ compensation laws. CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section 8.0. 9.0 INDEMNIFICATION. CONSULTANT and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the CITY. CONSULTANT acknowledges that CITY would not have entered into this Agreement in the absence of the commitment of CONSULTANT to indemnify and protect CITY as set forth here. A. Other than in the performance of professional services and to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold the CITY and CITY’s elected officials, officers, employees, agents and volunteers free and harmless from and against all tort liability, including liability for claims, suits, actions, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney’s fees, court costs, and expert witness fees incurred by CITY, arising out of or in any way connected with, in whole or in part, the acts or omissions of CONSULTANT or any of CONSULTANT’s officers, agents, employees or contractors in the performance of this Agreement, including, but not limited to, claims, suits and liabilities for bodily injury, death or property damage to any individual or entity, including employees or officials of CONSULTANT. The provisions of this paragraph shall not apply to claims arising out of the sole negligence or willful misconduct of CITY, any of CITY’s elected officials, officers, employees or agents. In addition to the foregoing, CONSULTANT shall indemnify, defend and hold free and harmless the CITY and CITY’s elected officials, officers and employees from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees, expert witness fees, and costs to the extent the same are caused by negligence of CONSULTANT, or any of CONSULTANT’s officers, agents, employees or contractors, in the performance of professional services pursuant to this Agreement. B. Without affecting the rights of CITY under any provision of this agreement or this section, CONSULTANT 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 sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. C. The obligations of CONSULTANT under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY, its employees, agents and officials. CONSULTANT’s indemnity obligation set forth in this provision will not be limited by the limits of any policies of insurance required and/or provided by CONSULTANT pursuant to this Agreement.

APPROVED: _______ DATE: _________ PSA # ____________ Revised: 2-Jul-13

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10.0 TERMINATION OF AGREEMENT. CITY may terminate this Agreement at any time during the term of the Agreement by giving CONSULTANT thirty (30) days notice in writing. CONSULTANT may only terminate this Agreement for cause by giving CITY notice in writing. If the Agreement is terminated pursuant to this Section 10, CONSULTANT shall be paid for services satisfactorily rendered to the last working day the Agreement is in effect, and CONSULTANT shall have no other claim against CITY by reason of such termination. This Agreement may be extended beyond the term only by the written agreement of both Parties prior to the expiration of the term of the Agreement. 11.0 SAFETY REQUIREMENTS. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The CITY reserves the right to issue restraint or cease and desist orders to the CONSULTANT when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The CONSULTANT shall maintain the work sites free of hazards to persons and property resulting from its operations. Any hazardous condition noted by the CONSULTANT, which is not the result of CONSULTANT’s operations, shall immediately be reported to the CITY. 12.0 MANDATORY INSURANCE. CONSULTANT shall maintain the following insurance coverage throughout the term of this Agreement, and upon request CONSULTANT shall show CITY evidence of such coverage, which may include visual inspection of all policies, copies of declarations page, endorsements signed by an authorized representative of the underwriting company, or certificates of insurance. Insurance coverage shall be provided in the forms and coverage amounts set forth in this Section. 12.1 Minimum Scope of Insurance. The CONSULTANT shall maintain policies with coverage at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form Number CG 00 01). 2. Auto Liability Insurance with coverage at least as broad as Insurance Services Office Form Number CA 0001 covering “Any Auto” (Symbol 1). 3. Workers Compensation insurance as required by the State of California and Employer's Liability insurance. 4. Error and Omissions liability insurance.

12.2 Minimum Limits of Insurance. The CONSULTANT shall maintain insurance coverage limits not less than: 1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit, and shall contain specified language creating a duty to defend against any suit seeking damages.

APPROVED: _______ DATE: _________ PSA # ____________ Revised: 2-Jul-13

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2. property damage.

Automobile Liability:

$1,000,000 per accident for bodily injury and

3.

Employer's Liability: $1,000,000 per accident for bodily injury or disease.

4.

Errors and Omission liability: $2,000,000 per occurrence.

12.3 Deductibles and Self-insured Retentions: Any deductibles and/or self-insured retention's must be declared to and approved by the CITY prior to CONTRACTOR commencing any work under this Agreement. At the option of the CITY, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its elected officials, officers, attorneys, agents, employees, and designated volunteers; or, (ii) the CONSULTANT shall provide a financial guarantee satisfactory to the CITY, guaranteeing payment of losses and related investigations, claim administration and defense expenses. 12.4 Required Endorsements. Each insurance policy required by this Section 12 shall be endorsed as follows: 1. Except with respect to any errors and omissions policy required by this Section 12, the CITY, its elected officials, officers, attorneys, agents, employees, independent contractors serving in the role of city officials, and designated volunteers shall be named as additional insureds. 2.

Additional Insured Endorsements shall not: a. Be limited to “Ongoing Operations”. b. Exclude “Contractual Operations”. c. Restrict coverage to the “Sole” liability of the contractor. d. Contain any other exclusion contrary to the contract.

3. For any claims related to this project, the CONSULTANT's insurance coverage shall be primary to any other similar insurance carried by the CITY. Any insurance or self-insurance maintained by the CITY, its elected officials, officers, attorneys, agents, employees, and designated volunteers, shall be excess of the CONSULTANT's insurance and shall not be called upon to contribute with it. 4. 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. Such notice shall be provided via certified mail, return receipt requested. CONSULTANT shall require its insurer to modify the applicable policy and all certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. 5. Each policy shall be endorsed to state that the insurer waives the right of subrogation against City and its officers, employees, agents, independent contractors serving in the role of city officials, and designated volunteers. 12.5 follows:

Other Insurance Provisions. The CONSULTANT and CITY further agree as APPROVED: _______ DATE: _________ PSA # ____________

Revised: 2-Jul-13

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1. All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to the CITY or its operations limits the application of such insurance coverage. 2. Requirements of specific coverage features or limits contained in this Section 12 are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 3. All insurance coverage shall cover the operations of the CONSULTANT pursuant to the terms of this Agreement. 4. Any actual or alleged failure on the part of CITY or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of CITY or any additional insured, in this or any other regard. 5. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT. 6. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT that includes CITY as a defendant. CITY assumes no obligation or liability by such notice. CITY shall have the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the CITY. 12.6 Acceptability of Insurers. All insurance coverage required by this Section 12 shall be written by insurers admitted to conduct business in the State of California by the Department of Insurance and rated “A:VIII” in the most recent A.M. Best's Key Insurance Rating Guide. 12.7 Verification of Coverage. CONSULTANT shall furnish the CITY with evidence of the insurance required by this Section, satisfactory to CITY. Such evidence shall consist of original certificates of insurance and amendatory endorsements, and an additional insured endorsement. The endorsements shall be on forms provided by the CITY or on such other forms approved by the CITY in writing, and amended to conform to the CITY's requirements. CONSULTANT shall file all certificates of insurance and fully executed endorsements with the CITY before work commences. Thereafter, CONSULTANT shall provide proof that the policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof shall be furnished to the CITY prior to the expiration of the affected coverages. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. CONSULTANT agrees to provide complete copies of policies to CITY upon request.

APPROVED: _______ DATE: _________ PSA # ____________ Revised: 2-Jul-13

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12.8 Subcontractors. CONSULTANT shall include all subcontractors or any other party involved in the project by CONSULTANT as insured under its policies or shall require subcontractors or any other party involved in the project by CONSULTANT to carry the same insurance as required herein. CONSULTANT agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. CONSULTANT agrees to require that no contract used by any subcontractor, or contracts CONSULTANT enters into on behalf of CITY, will reserve the right to charge back to CITY the cost of insurance required by this Agreement. CONSULTANT agrees that upon request, all agreements with subcontractors or others with whom CONSULTANT 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 shall not impose any liability on CITY, or its employees, nor shall such failure be deemed a waiver of any rights by CITY. 13.0 WORK PRODUCT. 13.1 Deliverables. CONSULTANT shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. CONSULTANT shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to CONSULTANT by the CITY. 13.2 Ownership. Each and every report, draft, work product, map, record and other document produced, reproduced, prepared, or caused to be prepared by the CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of the CITY. 13.3 Confidentiality. CONSULTANT shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to CONSULTANT by the CITY or other information to which the CONSULTANT has had access during the term of this Agreement without the prior written approval of the Designated Official during the term of this Agreement. CONSULTANT’s covenant under this section shall survive the termination of this Agreement. 13.4 Records. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the CITY or the Designated Official. The CONSULTANT shall maintain adequate records on services provided in sufficient detail to permit an evaluation of service. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. At all times during regular business hours, CONSULTANT shall provide access to such books and records to the Designated Official or his or her designees, and shall give the Designated Official or his or her designees the right to examine and audit such books and records and to make transcripts as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. 14.0 ASSIGNMENT. This Agreement is personal to the CONSULTANT. Any attempt at assignment by the CONSULTANT shall be void unless approved in writing in advance by the Designated Official. CONSULTANT's services pursuant to this Agreement shall be provided by the Representative or directly under the supervision of the Representative and CONSULTANT shall not assign another to supervise the CONSULTANT's performance of this Agreement without the prior written approval of the CITY, by and through the Designated Official. APPROVED: _______ DATE: _________ PSA # ____________ Revised: 2-Jul-13

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15.0 MISCELLANEOUS TERMS. 15.1 Nuisance. CONSULTANT shall not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement. 15.2 Permits and Licenses. CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 15.3 Conflicts of Interest. CONSULTANT agrees to be familiar with and comply with all applicable federal, state, and local conflict of Interest laws, including, but not limited to, the Political Reform Act (California Government Code Section 81000, et seq.) and California Government Code Section 1090. During the term of this Agreement, CONSULTANT shall retain the right to perform similar services for other clients, but CONSULTANT and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Manager, perform work for another person or entity for whom CONSULTANT is not currently performing work that would require CONSULTANT or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.. 15.4 Waiver. A waiver by the CITY of any breach of any term, covenant, or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement whether of the same or different character. 15.5 Accomplishment of Project. The CONSULTANT shall commence, carry on, and complete its assignments with all practicable dispatch, in a sound, economical, and efficient manner in accordance with all applicable laws and generally accepted industry standards. 15.6 Captions for Convenience Only. The titles of the sections, subsections, and paragraphs set forth in this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of the provisions of this Agreement. 15.7 Notices. Any notice required by this Agreement to be given in writing to the person, at the addresses specified on first page of this Agreement. Either party may change the specified person or address at which it is to receive notices by advising the other party in writing. 15.8 No Third Party Beneficiaries. The CITY shall not be obligated or liable under this Agreement to any party other than the CONSULTANT. 15.9 When Rights and Remedies Not Waived. In no event shall the making by the CITY of any payment to the CONSULTANT constitute or be construed as a waiver by the CITY of any breach of covenant, or any default which may then exist, on the part of the CONSULTANT, and the making of any such payment by the CITY while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default. 15.10 Cost of Litigation. If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this APPROVED: _______ DATE: _________ PSA # ____________ Revised: 2-Jul-13

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Agreement, the prevailing Party shall be entitled to receive from the losing Party all costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. 15.11 Compliance with Laws. In the performance of the work required by this Agreement, CONSULTANT shall abide by and conform with and to any and all applicable laws of the United States and the State of California, and with the CITY's Municipal Code, ordinances, regulations and policies. 15.12 Severability. If any part, term, or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected by such holding. 15.13 Governing Law. The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in a competent court in Orange County, California. 15.14 Integrated Contract. This Agreement represents the entire Agreement between the CITY and CONSULTANT with respect to the subject matter hereto and supersedes all prior oral or written negotiations, representations or agreements. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 15.15 Agreement Governs Relationship. In the event of any inconsistency between the provisions of this Agreement and CONSULTANT's proposal, the provisions of this Agreement shall control. 15.16 Authority to Bind Parties. Each of the undersigned hereby represents that he or she has the authority to execute the Agreement on behalf of his or her contracting party. 15.17 Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

APPROVED: _______ DATE: _________ PSA # ____________ Revised: 2-Jul-13

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Item 04

In recognition of the obligations stated in this Agreement, the parties have executed this Agreement on the date indicated above.

CITY OF BUENA PARK

CONSULTANT*

A Municipal Corporation

Law Offices of Tous & Associates Name of Business

Signature

Signature

Name:

James B. Vanderpool

Name:

David M. Tous

Title:

City Manager

Title:

Attorney at Law

Signature Name: Title: *

Please note, two signatures required for corporations pursuant to California Corporations Code Section 313.

ATTEST: (SEAL)

_____________________________________ Shalice Tilton, City Clerk

APPROVED AS TO FORM:

_____________________________________ Steven L. Dorsey, City Attorney

APPROVED: _______ DATE: _________ PSA # ____________ Revised: 2-Jul-13

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Item 05

AGENDA REPORT TO CITY COUNCIL

MEETING DATE:

July 9, 2013

TO:

The Mayor and City Council

TITLE:

RESOLUTIONS AMENDING THE BUENA PARK MANAGEMENT EMPLOYEES COMPENSATION PLAN ESTABLISHING THE VISITOR SERVICES AND SALES MANAGER JOB CLASSIFICATION AND SALARY RANGE AND THE TECHNICAL, OFFICE, AND PROFESSIONAL MEMORANDUM OF UNDERSTANDING ESTABLISHING THE SALES AND MARKETING ASSISTANT CLASSIFICATION AND SALARY RANGE

RECOMMENDED ACTION: 1) Adopt a resolution amending the Buena Park Management Employees Compensation Plan to include a Visitor Services and Sales Manager classification at Salary Range 782; 2) Approve the new job classification of Visitor Services and Sales Manager and salary range; 3) Adopt a resolution amending the Technical, Office, and Professional Memorandum of Understanding to include a Sales and Marketing Assistant classification at Salary Range 120; 4) Approve the new job classification of Sales and Marketing Assistant and salary range; 5) Allocate an additional $37,000 from the Economic Development Fund for the FY13-14 budget; and 6) Authorize a budget transfer in the amount of $7,000. PURPOSE: To adopt job classification specifications and reorganize the California Welcome Center and Visit Buena Park Divisions to improve sales and marketing efforts. DISCUSSION: On June 25, 2013, City Council gave staff direction to implement a personnel plan benefiting both the California Welcome Center (CWC) and Visit Buena Park operations and address Council’s concern regarding adequate staffing levels at the CWC. Per Staff’s recommendation and City Council direction, attached is the job classification specification for a permanent part-time, benefited 30 hour per week Visitor Services and Sales Manager position assigned to the salary range of 782 ($3,629 – $4,411 per month) in the Mid-Management Labor Unit. To incentivize the sales manager position and save on staff salaries, Staff recommends a 20% sales commission in addition to the manager’s base salary. This 20% commission is consistent with hospitality industry standards and will motivate the manager to not only hit their sales goals for the CWC, but generate additional income for themselves. To further strengthen the operational structure of the CWC and increase marketing efforts of the Visit Buena Park Division, attached is the job classification specification for a new full-time Sales and Marketing Assistant to salary range 120 ($3,289 - $4,152 per month) in the Technical, Office and Professionals Association Labor Unit.

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Item 05

Page 2 Meeting Date: Subject:

AGENDA REPORT TO CITY COUNCIL July 9, 2013 RESOLUTIONS AMENDING THE BUENA PARK MANAGEMENT EMPLOYEES COMPENSATION PLAN ESTABLISHING THE VISITOR SERVICES AND SALES MANAGER JOB CLASSIFICATION AND SALARY RANGE AND THE TECHNICAL, OFFICE, AND PROFESSIONAL MEMORANDUM OF UNDERSTANDING ESTABLISHING THE SALES AND MARKETING ASSISTANT CLASSIFICATION AND SALARY RANGE

Visit Buena Park was able to negotiate a decrease in the Search Engine Optimization contract, reducing the overall budget from $25,000 to $18,000 annually. The $7,000 in savings will be taken from the Professional/Contractual account 11-106117-6240 and allocated to the Regular Salaries account 11-106117-5110, as further outlined in the chart below.

DESCRIPTION Visit Buena Park Part-time Personnel Visit Buena Park Regular Salary

FUND/ACCOUNT 106117-5140 106117-5110

CURRENT $24,000 $0

PROPOSED $0 $64,000

Visit Buena Park Professional/Contractual

106117-6240

$25,000

$18,000

CWC Part-time Personnel CWC Regular Salaries

106121-5140 106121-5110

$74,000 $0

$23,000 $55,000

$123,000

$160,000

Total ($) Economic Development Fund Impact

$37,000

BUDGET IMPACT: The proposed staffing reorganization plan for the Visit Buena Park and California Welcome Center Divisions would cost an additional $37,000 in salary and benefits. Staff recommends allocating $37,000 from the newly established Economic Development Fund, which was created for the purpose of furthering economic development and tourism in the community. Staff also recommends transferring $7,000 from account 11-106117-6240 to 11-106117-5110. Prepared by: Eddie Fenton, Director of Human Resources / Risk Management Approved: Jim Vanderpool, City Manager Presented by: Eddie Fenton, Director of Human Resources / Risk Management ATTACHMENTS: 1) Resolution amending the Buena Park Management Employees Compensation Plan 2) Resolution amending the Technical, Office, and Professional Association MOU 3) Budget Transfer

Council Meeting of 7/9/2013 Page 83

Item 05

RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, AMENDING THE COMPENSATION PLAN FOR BUENA PARK MANAGEMENT EMPLOYEES ESTABLISHING THE VISITOR SERVICES AND SALES MANAGER JOB CLASSIFICATION AND SALARY RANGE WHEREAS, it is the desire of the City Council to amend the Compensation Plan to include the job classification of Visitor Services and Sales Manager; WHEREAS, the City wishes to incentivize the Visitor Services and Sales Manager position with a 20% sales commission which is consistent with hospitality industry standards and will motivate the manager to hit their sales goals for the California Welcome Center; and NOW, THEREFORE, the City Council of the City of Buena Park does hereby resolve, determine, and order as follows: Section 1: The job classification of Visitor Services and Sales Manager Job Classification as described in Attachment No. 1 of this resolution is hereby approved; Section 2: Exhibit "A" Salary Schedule of Resolution No. 12919 is hereby deleted in its entirety and a new Exhibit "A" Salary Schedule of Resolution, Attachment No. 2 to this resolution, is hereby approved and includes a 20% sales commission in addition to the base salary. PASSED AND ADOPTED this _____ day of _______________ _____ by the following called vote: AYES:

COUNCILMEMBERS:

NOES:

COUNCILMEMBERS:

ABSENT:

COUNCILMEMBERS:

ABSTAIN:

COUNCILMEMBERS: ______________________________________ Mayor

ATTEST: _______________________________ City Clerk I, Shalice Tilton, 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 _____ day of ________________ _____. ______________________________________ City Clerk Council Meeting of 7/9/2013 Page 84

Item 05

Visitor Services and Sales Manager

Department/Division: Reports To: Provides Direction To: FLSA Exemption Status: Date Prepared: Date Adopted by City Council:

Visit Buena Park/ Welcome Center Visit Buena Park Director Assigned Staff Exempt July 2, 2013

GENERAL PURPOSE Under administrative direction, sells sponsorships, plans, organizes, and manages the day to day office operations of the California Welcome Center – Buena Park; ensures a high quality visitor services program; develops, trains, and supervises welcome center staff, volunteers, and interns and ensures high standards of service for visitors; and does related work as required. ESSENTIAL FUNCTIONS The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class. 1. Manages, plans, coordinates, and participates in the development and implementation of goals, objectives, policies, procedures, and priorities for the California Welcome Center – Buena Park; maintains a high quality visitor services program. 2. Develops and executes a comprehensive sales and marketing plan and programs to support the revenue objectives of the welcome center; increases visibility in the community and builds and strengthens relationships with community partners and organizations. 3. Generates welcome center sponsorship and advertising accounts; designs and manages promotional strategies to support the local tourism and hospitality business community; monitors, collects data, produces report, and evaluates the efficiency and effectiveness of all visitor services programs. 4. Provides exceptional, warm, friendly, and informative customer service in greeting and servicing visitors throughout their visit at the welcome center; provides destination information and travel advice; accesses and interprets product or attraction information correctly. 5. Assists with the preparation and administration of the welcome center budget.

Visitor Services and Sales Manager

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Item 05

ESSENTIAL FUNCTIONS (continued) 6. Selects, trains, motivates, coordinates, and evaluates the work of welcome center staff, volunteers, and interns, and the overall staffing activities of the welcome center. 7. Tracks, compiles, analyzes, and presents weekly, monthly, and annual reports on visitor statistics, as required. 8. Assists with the development, marketing, and maintenance of an effective welcome center website for destination promotion, including, but not limited to, visitor blogs, Twitter, Facebook, and other social media networks. 9. Works collaboratively with the California Travel & Tourism Commission (CTTC) and other area Convention and Visitors Bureaus to attract visitors to the Orange County and Southern California region. 10. Represents and promotes the welcome center and its activities and opportunities at various conferences and trade shows; travel to trade shows and other venues is required as necessary. 11. Orders, stocks, and manages merchandise products; sells products, tickets, maps, and services and processes financial transactions; tracks and balances sales and inventory; reconciles daily cash register receipts. QUALIFICATIONS GUIDELINES Knowledge of: Business operations, services, and activities of a Tourist Visitor Center; promotional strategies for local tourism; office administrative and management practices and procedures; practices in destination, hotel, attraction, and sales; effective leadership and sales techniques; project management and contract development practices; research, report writing, and business correspondence techniques; effective customer service techniques. Ability to: Solicit, negotiate, and manage contracts with sponsors; exercise judgment to make arrangements for special events; update and maintain records and generate required reports; analyze economic studies, financial statements, and marketing studies; manage and coordinate the work of supervisory, technical, volunteer, or internship personnel; negotiate and manage contracts with sponsors, vendors, consultants and developers; identify and respond to community and City Council issues, concerns, and needs; read, interpret, apply, and explain a variety of programs related to visitor services; prepare and present clear and concise reports; communicate effectively, both orally and in writing; comply with dress code; establish and maintain effective working relationships with visitors, management, staff, developers, contractors, business representatives, city and government officials, and others contacted in the course of work; operate computer hardware and use word processing, and spreadsheet software programs; travel to trade shows and other venues as necessary. Visitor Services and Sales Manager

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Item 05

Education/Training/Experience: High School graduation or G.E.D. equivalent is required. Five years of strong sales and customer service experience in the hospitality field is required, including three years in a lead or supervisory capacity. Experience involving extensive public contacts dealing with a diverse group of individuals or visitors representing a wide range of interests is highly desirable. Licenses, Certificates; Special Requirements: Valid California Class C driver license, acceptable driving record, and evidence of insurance are required. Ability to be assigned to rotating work shifts, including nights, holidays, and weekends, and to work extended hours as needed. PHYSICAL AND MENTAL DEMANDS The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Physical Demands While performing the duties of this class, the employee is occasionally required to sit, and frequently to stand and walk. The employee must be able to talk and hear. The employee must be able to use hands to finger, handle, feel or operate computer hardware and standard office equipment; and reach above and below shoulder level with hands and arms. The employee occasionally lifts and carries records, boxes and merchandise weighing up to 50 pounds. Specific vision abilities required by this class include close vision and the ability to adjust focus. Mental Demands While performing the duties of this class, the employee is regularly required to use oral and written communication skills; read and interpret data, information and documents; thoroughly analyze and solve problems; learn and apply new information or new skills; work under deadlines with constant interruptions; interact with upset visitors; exercise sound judgment in the absence of specific guidelines; use math and mathematical reasoning; establish priorities and work on multiple assignments and projects concurrently; meet intense and changing deadlines given interruptions; and interact appropriately with visitors, staff, management, city officials, developers, business groups, contractors, public and private representatives, and others in the course of work.

Visitor Services and Sales Manager

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Item 05

WORK ENVIRONMENT The employee frequently works in office conditions where the noise level is usually moderate, at or below 85 decibels. Frequent driving is required to attend meetings with various developers, contractors, professional associations, and business representatives, as well as other governmental representatives at various public and private facilities and events sites. Weekend, evening, and holiday work schedules may be required. Travel to trade shows and other venues is required as necessary.

Visitor Services and Sales Manager

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Item 05

EXHIBIT A – MANAGEMENT SALARY SCHEDULE – REVISED JULY 9, 2013 Mid-Management Position Assistant City Engineer

Step 1

Step 2

Step 3

Step 4

Step 5

Range 816

Ann. 100,284

Mo. 8,357

Hr. 48.21

Ann. 105,192

Mo. 8,766

Hr. 50.57

Ann. 110,412

Mo. 9,201

Hr. 53.08

Ann. 115,824

Mo. 9,652

Hr. 55.68

Ann. 121,500

Mo. 10,125

Hr. 58.41

Assistant to the City Manager

811

88,884

7,407

42.73

93,240

7,770

44.83

97,776

8,148

47.01

102,576

8,548

49.32

107,640

8,970

51.75

Associate Engineer

810

86,784

7,232

41.72

91,032

7,586

43.77

95,508

7,959

45.92

100,164

8,347

48.16

105,072

8,756

50.52

Building & Safety Manager Code Enforcement Supervisor Communications and Marketing Manager Community Services Supervisor Economic Development Administrator Economic Development Manager Facilities Maintenance Supervisor Field Operations Manager

812

91,044

7,587

43.77

95,532

7,961

45.93

100,188

8,349

48.17

105,096

8,758

50.53

110,232

9,186

53.00

806

78,792

6,566

37.88

82,632

6,886

39.73

86,676

7,223

41.67

90,900

7,575

43.70

95,328

7,944

45.83

810

86,784

7,232

41.72

91,032

7,586

43.77

95,508

7,959

45.92

100,164

8,347

48.16

105,072

8,756

50.52

801

69,840

5,820

33.58

73,260

6,105

35.22

76,848

6,404

36.95

80,592

6,716

38.75

84,516

7,043

40.63

820

110,544

9,212

53.15

115,956

9,663

55.75

121,656

10,138

58.49

127,680

10,640

61.38

133,944

11,162

64.40

812

91,044

7,587

43.77

95,532

7,961

45.93

100,188

8,349

48.17

105,096

8,758

50.53

110,232

9,186

53.00

797

63,076

5,256

30.32

66,229

5,519

31.84

69,541

5,795

33.43

73,018

6,085

35.10

76,669

6,389

36.86

816

100,284

8,357

48.21

105,192

8,766

50.57

110,412

9,201

53.08

115,824

9,652

55.68

121,500

10,125

58.41

Finance Manager Fleet Maintenance Supervisor Parks and Recreation Manager Planning Manager

814

95,568

7,964

45.95

100,224

8,352

48.18

105,168

8,764

50.56

110,328

9,194

53.04

115,788

9,649

55.67

800

68,136

5,678

32.76

71,472

5,956

34.36

74,976

6,248

36.05

78,624

6,552

37.80

82,452

6,871

39.64

808

82,668

6,889

39.74

86,712

7,226

41.69

90,972

7,581

43.74

95,412

7,951

45.87

100,080

8,340

48.12

812

91,044

7,587

43.77

95,532

7,961

45.93

100,188

8,349

48.17

105,096

8,758

50.53

110,232

9,186

53.00

Purchasing Manager Sr. Human Resources Analyst Sr. Management Analyst Street Maintenance Superintendent

814

95,568

7,964

45.95

100,224

8,352

48.18

105,168

8,764

50.56

110,328

9,194

53.04

115,788

9,649

55.67

810

86,784

7,232

41.72

91,032

7,586

43.77

95,508

7,959

45.92

100,164

8,347

48.16

105,072

8,756

50.52

810

86,784

7,232

41.72

91,032

7,586

43.77

95,508

7,959

45.92

100,164

8,347

48.16

105,072

8,756

50.52

806

78,792

6,566

37.88

82,632

6,886

39.73

86,676

7,223

41.67

90,900

7,575

43.70

95,328

7,944

45.83

Adopted by City Council July 9, 2013 Resolution No. _________________

Council Meeting of 7/9/2013 Page 89

Item 05

EXHIBIT A – MANAGEMENT SALARY SCHEDULE – REVISED JULY 9, 2013 Mid-Management

Step 1

Step 2

Step 3

Step 4

Step 5

Position Traffic and Transportation Manager Utilities Manager

Range

Ann.

Mo.

Hr.

Ann.

Mo.

Hr.

Ann.

Mo.

Hr.

Ann.

Mo.

Hr.

Ann.

Mo.

Hr.

816

100,284

8,357

48.21

105,192

8,766

50.57

110,412

9,201

53.08

115,824

9,652

55.68

121,500

10,125

58.41

814

95,568

7,964

45.95

100,224

8,352

48.18

105,168

8,764

50.56

110,328

9,194

53.04

115,788

9,649

55.67

Visit Buena Park Director Visitor Services and Sales Manager

812

91,044

7,587

43.77

95,532

7,961

45.93

100,188

8,349

48.17

105,096

8,758

50.53

110,232

9,186

53.00

782

43,552

3,629

20.94

45,729

3,811

21.99

48,016

4,001

23.08

50,416

4,201

24.24

52,937

4,411

25.45

Minimum

Control Point

Executive Management

Annual

Monthly

Hourly

Annual

Monthly

Hourly

Director of Community Development

124,308

10,359

59.76

166,116

13,843

79.86

Director of Community Services

124,308

10,359

59.76

150,552

12,546

72.38

Director of Finance

124,308

10,359

59.76

166,116

13,843

79.86

Director of Human Resources-Risk Management

124,308

10,359

59.76

157,992

13,166

75.96

Director of Public Works/City Engineer

124,308

10,359

59.76

166,116

13,843

79.86

Adopted by City Council July 9, 2013 Resolution No. _________________ Council Meeting of 7/9/2013 Page 90

Item 05

RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, AMENDING THE MEMORANDUM OF UNDERSTANDING FOR THE TECHNICAL, OFFICE AND PROFESSIONAL ASSOCIATION ESTABLISHING THE SALES AND MARKETING ASSISTANT JOB CLASSIFICATION AND SALARY RANGE WHEREAS, it is the desire of the City Council to amend the Memorandum of Understanding of the Technical, Office and Professional Association to include the job classification of Sales and Marketing Assistant; NOW, THEREFORE, the City Council of the City of Buena Park does hereby resolve, determine, and order as follows: Section 1: The job classification of Sales and Marketing Assistant as described in Attachment No. 1 of this resolution is hereby approved; Section 2: Exhibit "A" Pay Schedule of Resolution No. 12917 is hereby deleted in its entirety and a new Exhibit "A" Pay Schedule, Attachment No. 2 to this resolution, is hereby approved. PASSED AND ADOPTED this _____ day of _______________ _____ by the following called vote: AYES:

COUNCILMEMBERS:

NOES:

COUNCILMEMBERS:

ABSENT:

COUNCILMEMBERS:

ABSTAIN:

COUNCILMEMBERS: ______________________________________ Mayor

ATTEST: _______________________________ City Clerk I, Shalice Tilton, 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 _____ day of ________________ _____. ______________________________________ City Clerk

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Item 05

Sales and Marketing Assistant

Department/Division: Reports To: Provides Direction To: FLSA Exemption Status: Date Prepared: Date Adopted by City Council:

Visit Buena Park / Welcome Center Visit Buena Park Director Non-regular Staff and Volunteer Non-Exempt July 2, 2013

GENERAL PURPOSE Under general supervision, performs varied managerial support functions for the Visit Buena Park Division; updates the Visit Buena Park website and social media content; assisting in the coordination of the development and ensures timely execution of advertising, public relations, social media plans, programs and materials; coordinates with industry partners on opportunities for promotions and other items of interest. ESSENTIAL FUNCTIONS The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class. 1. Acquires new group lead opportunities by researching key market segments; conducts sales calls and familiarization and property tours highlighting Buena Park’s accommodations and destination attractions; develops and maintains a segmented lead database in CRM to manage sales results. 2. Works closely with the Buena Park Tourism Community and hotel properties to ensure a cooperative sales effort soliciting facility usage for events such as meetings, conferences, consumer shows, banquets, and related activities. 3. Attends local and international trade shows to promote destination travel to the City of Buena Park; creates Buena Park sales missions exclusively for City of Buena Park tourism partners. 4. Develops and maintains relationships with tour operator companies, and meeting and event planners to encourage them to bring their groups and leisure travelers into Buena Park. 5. Assists the Visit Buena Park Director with the development and continuous growth of its social media outlets including visitor blogs, Twitter, Facebook, Pinterest, You Tube, and other various networks.

Sales and Marketing Assistant

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Item 05

ESSENTIAL FUNCTIONS (continued) 6. Plans, coordinates, and participates in the development and implementation of goals, objectives, policies, procedures, and priorities for the California Welcome Center (CWC) and Visit Buena Park. 7. Assists the Director and CWC Manager with training, motivating, and evaluating the work of staff volunteers and interns. 8. Assists CWC Manager with operational and administrative duties to ensure the Manager has time for outside sales solicitation. 9. Designs and manages promotional sales strategies to support the local tourism and hospitality business community; monitors, collects data, produces reports, and evaluates the efficiency and effectiveness of all Visit Buena Park programs.

QUALIFICATIONS GUIDELINES Knowledge of: Buena Park attractions, hotel accommodations, dining and retail shops; local Orange County attractions; social media outlets; effective customer service techniques; office administration practices and procedures; correct English usage, including spelling, grammar and punctuation; record keeping and filing techniques; effective decisionmaking, problem solving, time management, and organizational skills. Ability to: Demonstrate creativity, initiative, and self-motivation; communicate effectively, both orally and in writing; work independently in the absence of constant, direct supervision; operate standard office equipment; use word processing or spreadsheet application programs; proofread basic documents; organize and maintain office records and specialized files; understand and follow instructions; enter and prepare clear and accurate data for records and reports; establish and maintain effective working relationships with patrons, co-workers, supervisors, management, vendors, general public, and others encountered in the course of work. Education/Training/Experience: Associates degree or 60 college units in Entertainment and Tourism, Communication, Business, or Marketing and one year of administrative support, customer service, and/or sales experience is required. Bilingual ability in Spanish or Mandarin is highly desirable.

Sales and Marketing Assistant

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Item 05

Licenses, Certificates; Special Requirements: Valid California Class C driver license, acceptable driving record, and evidence of insurance are required. Ability to work rotating work shifts, including nights, holidays, and weekends, and to work overtime as needed. PHYSICAL AND MENTAL DEMANDS The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Physical Demands While performing the duties of this class, the employee is occasionally required to sit, and frequently to stand and walk. The employee must be able to talk and hear. The employee must be able to use hands to finger, handle, feel or operate computer hardware and standard office equipment; and reach above and below shoulder level with hands and arms. The employee occasionally lifts and carries records, boxes and merchandise weighing up to 50 pounds. Specific vision abilities required by this class include close vision and the ability to adjust focus. Mental Demands While performing the duties of this class, the employee is regularly required to use oral and written communication skills; read and interpret data, information and documents; thoroughly analyze and solve problems; learn and apply new information or new skills; work under deadlines with constant interruptions; interact with upset visitors; exercise sound judgment in the absence of specific guidelines; use math and mathematical reasoning; establish priorities and work on multiple assignments and projects concurrently; meet intense and changing deadlines given interruptions; and interact appropriately with visitors, staff, management, city officials, developers, business groups, contractors, public and private representatives, and others in the course of work. WORK ENVIRONMENT The employee frequently works in office conditions where the noise level is usually moderate, at or below 85 decibels. Occasional driving is required to attend meetings with various developers, contractors, professional associations, and business representatives, as well as other governmental representatives at various public and private facilities and event sites. Weekend, evening, and holiday work schedules are required. Travel to trade shows and other venues may be required as necessary. Sales and Marketing Assistant

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Item 05

EXHIBIT A – PAY SCHEDULE – REVISED JULY 9, 2013 TECHNICAL, OFFICE AND PROFESSIONALS ASSOCIATION

Step 1 Position

Range

Step 2

Hr.

Mon.

Annual

Step 3

Step 4

Step 5

Step 6

Hr.

Mon.

Annual

Hr.

Mon.

Annual

Hr.

Mon.

Annual

Hr.

Mon.

Annual

Hr.

Mon.

Annual

Account Clerk

117

17.68

3,065

36,780

18.52

3,210

38,520

19.39

3,361

40,332

20.33

3,524

42,288

21.31

3,694

44,328

22.33

3,871

46,452

Accountant

136

27.74

4,809

57,708

29.10

5,044

60,528

30.51

5,288

63,456

32.01

5,548

66,576

33.57

5,818

69,816

35.20

6,101

73,212

Accounting Technician

125

21.38

3,706

44,472

22.38

3,879

46,548

23.44

4,063

48,756

24.60

4,264

51,168

25.79

4,470

53,640

27.03

4,686

56,232

Administrative Assistant

123

20.35

3,528

42,336

21.36

3,702

44,424

22.37

3,878

46,536

23.43

4,061

48,732

24.58

4,260

51,120

25.77

4,466

53,592

Assistant City Clerk

139

29.82

5,169

62,028

31.26

5,419

65,028

32.79

5,684

68,208

34.40

5,962

71,544

36.07

6,252

75,024

37.83

6,557

78,684

Assistant Engineer

141

31.30

5,425

65,100

32.82

5,689

68,268

34.41

5,964

71,568

36.09

6,255

75,060

37.85

6,560

78,720

39.69

6,879

82,548

Assistant Planner

134

26.47

4,588

55,056

27.74

4,808

57,696

29.09

5,043

60,516

30.50

5,287

63,444

32.00

5,546

66,552

33.56

5,817

69,804

Associate Planner

141

31.30

5,425

65,100

32.82

5,689

68,268

34.41

5,964

71,568

36.09

6,255

75,060

37.85

6,560

78,720

39.69

6,879

82,548

Building Inspector

136

27.74

4,809

57,708

29.10

5,044

60,528

30.51

5,288

63,456

32.01

5,548

66,576

33.57

5,818

69,816

35.20

6,101

73,212

Building Inspector Technician

133

25.82

4,475

53,700

27.09

4,696

56,352

28.38

4,919

59,028

29.75

5,156

61,872

31.19

5,407

64,884

32.72

5,672

68,064

Buyer

126

21.88

3,792

45,504

22.93

3,975

47,700

24.04

4,167

50,004

25.19

4,367

52,404

26.41

4,577

54,924

27.69

4,800

57,600

Code Enforcement Officer

134

26.47

4,588

55,056

27.74

4,808

57,696

29.09

5,043

60,516

30.50

5,287

63,444

32.00

5,546

66,552

33.56

5,817

69,804

Code Enforcement Technician

121

19.42

3,366

40,392

20.35

3,527

42,324

21.32

3,695

44,340

22.36

3,875

46,500

23.42

4,059

48,708

24.57

4,258

51,096

Community Outreach Coordinator

123

20.35

3,528

42,336

21.36

3,702

44,424

22.37

3,878

46,536

23.43

4,061

48,732

24.58

4,260

51,120

25.77

4,466

53,592

Community Services Coordinator

118

18.09

3,136

37,632

18.98

3,289

39,468

19.86

3,443

41,316

20.84

3,613

43,356

21.82

3,782

45,384

22.88

3,965

47,580

Environmental Inspector

132

25.22

4,372

52,464

26.46

4,587

55,044

27.72

4,805

57,660

29.08

5,041

60,492

30.50

5,286

63,432

31.99

5,545

66,540

Executive Assistant

131

24.63

4,269

51,228

25.83

4,477

53,724

27.09

4,696

56,352

28.38

4,919

59,028

29.75

5,156

61,872

31.19

5,407

64,884

GIS Specialist

134

26.47

4,588

55,056

27.74

4,808

57,696

29.09

5,043

60,516

30.50

5,287

63,444

32.00

5,546

66,552

33.56

5,817

69,804

Housing and CDBG Analyst

141

31.30

5,425

65,100

32.82

5,689

68,268

34.41

5,964

71,568

36.09

6,255

75,060

37.85

6,560

78,720

39.69

6,879

82,548

Human Resources Analyst

141

31.30

5,425

65,100

32.82

5,689

68,268

34.41

5,964

71,568

36.09

6,255

75,060

37.85

6,560

78,720

39.69

6,879

82,548

Human Resources Specialist

132

25.22

4,372

52,464

26.46

4,587

55,044

27.72

4,805

57,660

29.08

5,041

60,492

30.50

5,286

63,432

31.99

5,545

66,540

Mailroom Aide

113

16.11

2,792

33,504

16.85

2,920

35,040

17.67

3,062

36,744

18.51

3,208

38,496

19.36

3,356

40,272

20.33

3,523

42,276

Management Analyst

141

31.30

5,425

65,100

32.82

5,689

68,268

34.41

5,964

71,568

36.09

6,255

75,060

37.85

6,560

78,720

39.69

6,879

82,548

Management Assistant

134

26.47

4,588

55,056

27.74

4,808

57,696

29.09

5,043

60,516

30.50

5,287

63,444

32.00

5,546

66,552

33.56

5,817

69,804

Adopted by City Council July 9, 2013 Resolution No. _________________ Council Meeting of 7/9/2013 Page 95

Item 05

EXHIBIT A – PAY SCHEDULE – REVISED JULY 9, 2013 TECHNICAL, OFFICE AND PROFESSIONALS ASSOCIATION

Step 1 Position

Range

Step 2

Hr.

Mon.

Annual

Step 3

Step 4

Step 5

Step 6

Hr.

Mon.

Annual

Hr.

Mon.

Annual

Hr.

Mon.

Annual

Hr.

Mon.

Annual

Hr.

Mon.

Annual

Office Assistant

114

16.48

2,856

34,272

17.25

2,990

35,880

18.08

3,133

37,596

18.94

3,283

39,396

19.83

3,438

41,256

20.79

3,604

43,248

Payroll Technician

122

19.88

3,445

41,340

20.85

3,614

43,368

21.83

3,784

45,408

22.89

3,967

47,604

23.99

4,158

49,896

25.16

4,361

52,332

Permit Technician

121

19.42

3,366

40,392

20.35

3,527

42,324

21.32

3,695

44,340

22.36

3,875

46,500

23.42

4,059

48,708

24.57

4,258

51,096

Public Works Inspector

136

27.74

4,809

57,708

29.10

5,044

60,528

30.51

5,288

63,456

32.01

5,548

66,576

33.57

5,818

69,816

35.20

6,101

73,212

Sales and Marketing Assistant

120

18.98

3,289

39,468

19.86

3,443

41,316

20.84

3613

43,356

21.82

3,782

45,384

22.97

3,981

47,772

23.95

4,152

49,824

Secretary Clerk

118

18.09

3,136

37,632

18.98

3,289

39,468

19.86

3,443

41,316

20.84

3,613

43,356

21.82

3,782

45,384

22.88

3,965

47,580

Sr. Account Clerk

122

19.88

3,445

41,340

20.85

3,614

43,368

21.83

3,784

45,408

22.89

3,967

47,604

23.99

4,158

49,896

25.16

4,361

52,332

Sr. Accountant

139

29.82

5,169

62,028

31.26

5,419

65,028

32.79

5,684

68,208

34.40

5,962

71,544

36.07

6,252

75,024

37.83

6,557

78,684

Sr. Accounting Technician

129

23.49

4,071

48,852

24.62

4,268

51,216

25.81

4,473

53,676

27.06

4,691

56,292

28.36

4,916

58,992

29.72

5,151

61,812

Sr. Administrative Assistant

126

21.88

3,792

45,504

22.93

3,975

47,700

24.04

4,167

50,004

25.19

4,367

52,404

26.41

4,577

54,924

27.69

4,800

57,600

139

29.82

5,169

62,028

31.26

5,419

65,028

32.79

5,684

68,208

34.40

5,962

71,544

36.07

6,252

75,024

37.83

6,557

78,684

146

35.28

6,116

73,392

37.02

6,416

76,992

38.82

6,729

80,748

40.72

7,058

84,696

42.72

7,405

88,860

44.82

7,768

93,216

Sr. Environmental Inspector

139

29.82

5,169

62,028

31.26

5,419

65,028

32.79

5,684

68,208

34.40

5,962

71,544

36.07

6,252

75,024

37.83

6,557

78,684

Sr. Office Assistant

116

17.27

2,994

35,928

18.08

3,134

37,608

18.95

3,285

39,420

19.84

3,439

41,268

20.80

3,605

43,260

21.78

3,775

45,300

Sr. Planner

146

35.28

6,116

73,392

37.02

6,416

76,992

38.82

6,729

80,748

40.72

7,058

84,696

42.72

7,405

88,860

44.82

7,768

93,216

Sr. Public Works Inspector

138

29.11

5,045

60,540

30.52

5,290

63,480

32.02

5,550

66,600

33.57

5,819

69,828

35.20

6,102

73,224

36.92

6,399

76,788

Storekeeper

125

21.38

3,706

44,472

22.38

3,879

46,548

23.44

4,063

48,756

24.60

4,264

51,168

25.79

4,470

53,640

27.03

4,686

56,232

Water Quality Inspector

136

27.74

4,809

57,708

29.10

5,044

60,528

30.51

5,288

63,456

32.01

5,548

66,576

33.57

5,818

69,816

35.20

6,101

73,212

Sr. Building Inspector-Code Enforcement Sr. Building Inspector-Plan Checker

Adopted by City Council July 9, 2013 Resolution No. _________________ Council Meeting of 7/9/2013 Page 96

Item 05

CITY OF BUENA PARK DATE:

July 2, 2013

TO:

Lisa McLaughlin, Finance Manager

FROM:

Eddie Fenton, Director of Human Resources/Risk Management

SUBJECT: SALES AND MARKETING ASSISTANT CLASSIFICATION To Acct No. &

1.

Description 11-106117-5110 Regular Salaries

From Acct No. & Amount* $7,000

Description

Amount*

11-106117-6240 Professional/Contractual

$7,000

2.

3.

TOTAL

$7,000

TOTAL

$7,000

JUSTIFICATION: Reduction of the Search Engine Optimization contract budget reduction to regular salaries for the Sales and Marketing Assistant position for Visit Buena Park.

Requested by:

Eddie Fenton, Director of Human Resources/Risk Management

Reviewed by:

Finance Staff

Approved by:

Director of Finance

C:\Documents and Settings\jfewer\Local Settings\Temporary Internet Files\Content.Outlook\SG4862TX\Budget Transfer Visitor.doc

Council Meeting of 7/9/2013 Page 97

Item 06

AGENDA REPORT TO CITY COUNCIL

MEETING DATE:

July 9, 2013

TO:

The Mayor and City Council

TITLE:

AGREEMENT FOR AUDIT SERVICES WITH BADAWI & ASSOCIATES

RECOMMENDED ACTION: 1) Approve an agreement with Badawi & Associates for audit services for the City of Buena Park and the Buena Park Foundation; and 2) Authorize the Mayor and the City Clerk to execute the professional services agreement. PURPOSE: To approve a three year agreement for audit services for the City of Buena Park and the Buena Park Foundation. DISCUSSION: The City and the Foundation annually undergo an independent audit of their financial records. Previously, the City Council directed staff to periodically change the City’s independent auditors. As a result, the City selected Teaman, Ramirez & Smith, Inc. (TRS) as its independent auditors in June 2011. Prior to that, Diehl, Evans & Company, LLC served as the City’s independent auditors for seven years. Due to recent staffing changes at TRS, the City issued a Request for Proposal for audit services. Ten proposals were received. The audit services include: An audit performed in accordance with generally accepted auditing standards. An independent auditor’s report on the fair presentation of the financial statements in conformity with generally accepted accounting principles. A separate single audit report on grant activity, internal control and compliance in accordance with the Single Audit Act. A separate management letter that discloses material and non-material weaknesses in internal control, legal and contractual matters, and auditor recommendations for improvement. A report on the Appropriations Limit. A separate report on the Buena Park Foundation. Preparation and submission of the California State Controller’s Cities Financial Transactions Report. Staff is recommending that the City select Badawi & Associates to serve as the City’s independent auditors and enter into a three year agreement, with an option to renew for an additional two years, to provide audit services for the City and the Buena Park Foundation.

Council Meeting of 7/9/2013 Page 98

Page 2 Meeting Date: Subject:

AGENDA REPORT TO CITY COUNCIL July 9, 2013 AGREEMENT FOR AUDIT SERVICES WITH BADAWI & ASSOCIATES

Item 06

BUDGET IMPACT: The total cost of the audit services for the fiscal years ending June 30, 2013, 2014, and 2015 are $28,980, $29,840, and $30,735, respectively. The agreement also allows for an additional two year renewal, at the City’s option. Audit services have been included in the FY13-14 budget.

Prepared by: Approved by:

Sung Hyun, Director of Finance Jim Vanderpool, City Manager

Presented by:

Sung Hyun, Director of Finance

ATTACHMENT: Professional Services Agreement

Council Meeting of 7/9/2013 Page 99

Item 06

PROFESSIONAL SERVICES AGREEMENT NO. 13DATE:

July 9, 2013

PROJECT:

Auditing Services

PARTIES TO THE AGREEMENT: “CITY” The CITY OF BUENA PARK, a municipal corporation Designated Official:

Name:

Elizabeth Swift, Ed.D.

Title:

Mayor

Telephone:

714-562-3754

Mailing Address:

6650 Beach Boulevard P.O. Box 5009 Buena Park, CA 90622-5009

THE CONSULTANT

Badawi & Associates Name of Business

Representative:

Name:

Ahmed M. Badawi, CPA

Title:

President

Telephone: Address:

510-768-8244

MailingSuite Address: 180 Grand Avenue, 955

Oakland, CA 94612 TERM OF SERVICE: Estimated Commencement Date:

July 9, 2013

Estimated Completion Date:

March 31, 2016

COST OF SERVICE:

APPROVED BY: ( ) City Council

$28,980 – FY2012-13 audit; $29,840 – FY2013-14 audit; $30,735 – FY2014-15 audit (

) City Manager

(

) Director of Public Works

APPROVED: _______________ DATE: ________ PAGE 1 OF 11 H:\Audit RFP\psa badawi unprotect.docx Revised: 26-Jun-13

Council Meeting of 7/9/2013 Page 100

Item 06

THIS AGREEMENT MUST BE FIRST EXECUTED BY THE CONSULTANT OR ITS REPRESENTATIVE AND APPROVED AS TO FORM BY THE CITY ATTORNEY BEFORE THE AGREEMENT MAY BE EXECUTED ON BEHALF OF THE CITY OF BUENA PARK.

THIS AGREEMENT is entered into this 9th day of July, 2013, by and between Badawi &

Associates (hereinafter called the "CONSULTANT") and the CITY OF BUENA PARK (hereinafter called the "CITY"). The CONSULTANT and the CITY are sometimes referred to herein collectively as the “Parties” and singularly as “Party”. RECITALS A.

The CITY desires to utilize the services of the CONSULTANT as an independent

contractor to perform audit services for the City of Buena Park and Buena Park Foundation, as outlined in the CONSULTANT”S proposal. B.

The CONSULTANT is fully qualified to perform the tasks necessary for this project

by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, the Parties agree as follows: 1.0 EMPLOYMENT OF CONSULTANT. The CITY shall engage CONSULTANT and the CONSULTANT shall perform the services required under this Agreement. 2.0 SERVICES. The CONSULTANT shall perform during the term of this Agreement, those services set forth in the PROPOSAL attached hereto as Exhibit "A" and fully incorporated herein by this reference. The CONSULTANT shall commence the services described in Exhibit “A” upon receipt of a written notice from the Designated Official authorizing CONSULTANT to proceed, and only to the extent of such authorization. The CITY may, from time to time, request changes in the scope of services of the CONSULTANT to be performed under this Agreement. Such changes shall be in the form of a written amendment to this Agreement signed by both Parties and shall include any additional compensation agreed to by the Parties. 3.0 TIME OF PERFORMANCE. CONSULTANT shall commence the services contemplated under this Agreement immediately upon receipt of a written request for such services from the Designated Official and shall perform all services with reasonable diligence consistent with professional skill and care for like professionals under similar circumstances. 4.0 TERM. This Agreement shall commence on July 9, 2013 (the “Effective Date”), and shall remain in full force and effect until March 31, 2016, unless sooner terminated as provided in Section 10 herein. At the CITY’s option, the term may be extended for an additional two fiscal years as set forth in the PROPOSAL. 5.0 COMPENSATION. Subject to the maximum sums hereafter provided, the CONSULTANT will be compensated as set forth in the CONSULTANT’s PROPOSAL, attached APPROVED: _______ DATE: _________ PSA # ____________ Revised: 26-Jun-13

PAGE 2 OF 11

Council Meeting of 7/9/2013 Page 101

Item 06

hereto as Exhibit "A", and incorporated herein by reference. CITY shall not withhold applicable federal and state payroll and other required taxes, or other authorized deductions from payments made to the CONSULTANT. The maximum amount of compensation, including reimbursement for expenses, which CONSULTANT shall be entitled to receive pursuant to this Agreement is $28,980 for the FY2012-13 audit, $29,840 for the FY2013-14 audit, and $30,735 for the FY2014-15 audit for the term set forth in Section 4.0 of this agreement. The optional two year renewal is $31,630 for FY2015-16 and $32,735 for FY2016-17. No claims for additional compensation, whether for additional work or otherwise, shall be allowed unless such additional compensation and work, if applicable, is authorized by the CITY in writing. 6.0 PAYMENT. Each month, CONSULTANT shall submit to CITY invoices for the services performed pursuant to this Agreement. The invoices shall describe in detail the services rendered during the period. Said invoices shall be remitted to the address for the CITY specified on page one of this Agreement. CITY shall review all invoices and notify CONSULTANT in writing within ten (10) business days of any disputed amounts. CITY shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the maximum amount set forth in Section 5.0 of this Agreement. 7.0 STANDARD OF SKILL. CONSULTANT warrants that it possess the professional expertise necessary to perform the work contemplated by this Agreement. CITY relies upon the skill of the CONSULTANT, and CONSULTANT's staff, if any, to do and perform such work in a skillful manner, and CONSULTANT agrees to thus perform CONSULTANT's work. The acceptance of CONSULTANT's work by the CITY shall not operate as a release of the CONSULTANT from such standard of care and workmanship. 8.0 INDEPENDENT CONTRACTOR. CONSULTANT is retained by CITY only to the extent set forth in this Agreement, and the CONSULTANT's relationship to the CITY is that of an independent contractor. CONSULTANT shall be free to dispose of all portions of CONSULTANT's time and activities which CONSULTANT is not obligated to devote to the CITY in such a manner and to such persons, firms, or corporations as the CONSULTANT sees fit except as expressly provided in this Agreement. Neither the CITY nor any of its agents shall have control over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as set forth in this Agreement. CONSULTANT shall not have the status of an employee under this Agreement, or be entitled to participate in any insurance, medical care, vacation, sick leave or other benefits provided for CITY's officers or employees. CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the CITY. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers’ compensation law regarding CONSULTANT and CONSULTANT’s employees. CONSULTANT further agrees to indemnify and hold CITY harmless from any failure of CONSULTANT to comply with applicable workers’ compensation laws. CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section 8.0.

APPROVED: _______ DATE: _________ PSA # ____________ Revised: 26-Jun-13

PAGE 3 OF 11

Council Meeting of 7/9/2013 Page 102

Item 06

9.0 INDEMNIFICATION. CONSULTANT and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the CITY. CONSULTANT acknowledges that CITY would not have entered into this Agreement in the absence of the commitment of CONSULTANT to indemnify and protect CITY as set forth here. A. Other than in the performance of professional services and to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold the CITY and CITY’s elected officials, officers, employees, agents and volunteers free and harmless from and against all tort liability, including liability for claims, suits, actions, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney’s fees, court costs, and expert witness fees incurred by CITY, arising out of or in any way connected with, in whole or in part, the acts or omissions of CONSULTANT or any of CONSULTANT’s officers, agents, employees or contractors in the performance of this Agreement, including, but not limited to, claims, suits and liabilities for bodily injury, death or property damage to any individual or entity, including employees or officials of CONSULTANT. The provisions of this paragraph shall not apply to claims arising out of the sole negligence or willful misconduct of CITY, any of CITY’s elected officials, officers, employees or agents. In addition to the foregoing, CONSULTANT shall indemnify, defend and hold free and harmless the CITYand CITY’s elected officials, officers and employees from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees, expert witness fees, and costs to the extent the same are caused by negligence of CONSULTANT, or any of CONSULTANT’s officers, agents, employees or contractors, in the performance of professional services pursuant to this Agreement. B. Without affecting the rights of CITY under any provision of this agreement or this section, CONSULTANT 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 sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. C. The obligations of CONSULTANT under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY, its employees, agents and officials. CONSULTANT’s indemnity obligation set forth in this provision will not be limited by the limits of any policies of insurance required and/or provided by CONSULTANT pursuant to this Agreement. 10.0 TERMINATION OF AGREEMENT. CITY may terminate this Agreement at any time during the term of the Agreement by giving CONSULTANT thirty (30) days notice in writing. CONSULTANT may only terminate this Agreement for cause by giving CITY notice in writing. If the Agreement is terminated pursuant to this Section 10, CONSULTANT shall be paid for services satisfactorily rendered to the last working day the Agreement is in effect, and CONSULTANT shall have no other claim against CITY by reason of such termination. This APPROVED: _______ DATE: _________ PSA # ____________ Revised: 26-Jun-13

PAGE 4 OF 11

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Agreement may be extended beyond the term only by the written agreement of both Parties prior to the expiration of the term of the Agreement. 11.0 SAFETY REQUIREMENTS. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The CITY reserves the right to issue restraint or cease and desist orders to the CONSULTANT when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The CONSULTANT shall maintain the work sites free of hazards to persons and property resulting from its operations. Any hazardous condition noted by the CONSULTANT, which is not the result of CONSULTANT’s operations, shall immediately be reported to the CITY. 12.0 MANDATORY INSURANCE. CONSULTANT shall maintain the following insurance coverage throughout the term of this Agreement, and upon request CONSULTANT shall show CITY evidence of such coverage, which may include visual inspection of all policies, copies of declarations page, endorsements signed by an authorized representative of the underwriting company, or certificates of insurance. Insurance coverage shall be provided in the forms and coverage amounts set forth in this Section. 12.1 Minimum Scope of Insurance. The CONSULTANT shall maintain policies with coverage at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form Number CG 00 01). 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). 3. Workers Compensation insurance as required by the State of California and Employer's Liability insurance. 4. Error and Omissions liability insurance. 12.2 Minimum Limits of Insurance. The CONSULTANT shall maintain insurance coverage limits not less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit, and shall contain specified language creating a duty to defend against any suit seeking damages. 2. property damage.

Automobile Liability:

$1,000,000 per accident for bodily injury and

3.

Employer's Liability: $1,000,000 per accident for bodily injury or disease.

4.

Errors and Omission liability: $1,000,000 per occurrence. APPROVED: _______ DATE: _________ PSA # ____________

Revised: 26-Jun-13

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12.3 Deductibles and Self-insured Retentions: Any deductibles and/or self-insured retention's must be declared to and approved by the CITY prior to CONTRACTOR commencing any work under this Agreement. At the option of the CITY, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its elected officials, officers, attorneys, agents, employees, and designated volunteers; or, (ii) the CONSULTANT shall provide a financial guarantee satisfactory to the CITY, guaranteeing payment of losses and related investigations, claim administration and defense expenses. 12.4 Required Endorsements. Each insurance policy required by this Section 12 shall be endorsed as follows: 1. Except with respect to any errors and omissions policy required by this Section 12, the CITY, its elected officials, officers, attorneys, agents, employees, independent contractors serving in the role of city officials, and designated volunteers shall be named as additional insureds. 2.

Additional Insured Endorsements shall not: a. Be limited to “Ongoing Operations”. b. Exclude “Contractural Operations”. c. Restrict coverage to the “Sole” liability of the contractor. d. Contain any other exclusion contrary to the contract.

3. For any claims related to this project, the CONSULTANT's insurance coverage shall be primary to any other similar insurance carried by the CITY. Any insurance or self-insurance maintained by the CITY, its elected officials, officers, attorneys, agents, employees, and designated volunteers, shall be excess of the CONSULTANT's insurance and shall not be called upon to contribute with it. 4. 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. Such notice shall be provided via certified mail, return receipt requested. CONSULTANT shall require its insurer to modify the applicable policy and all certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. 5. Each policy shall be endorsed to state that the insurer waives the right of subrogation against City and its officers, employees, agents, independent contractors serving in the role of city officials, and designated volunteers 12.5 Other Insurance Provisions. The CONSULTANT and CITY further agree as follows: 1. All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to the CITY or its operations limits the application of such insurance coverage.

APPROVED: _______ DATE: _________ PSA # ____________ Revised: 26-Jun-13

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2. Requirements of specific coverage features or limits contained in this Section 12 are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 3. All insurance coverage shall cover the operations of the CONSULTANT pursuant to the terms of this Agreement. 4. Any actual or alleged failure on the part of CITY or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of CITY or any additional insured, in this or any other regard. 5. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT. 6. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT that includes CITY as a defendant. CITY assumes no obligation or liability by such notice. CITY shall have the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the CITY. 12.6 Acceptability of Insurers. All insurance coverage required by this Section 12 shall be written by insurers admitted to conduct business in the State of California by the Department of Insurance and rated “A:VIII” in the most recent A.M. Best's Key Insurance Rating Guide. 12.7 Verification of Coverage. CONSULTANT shall furnish the CITY with evidence of the insurance required by this Section, satisfactory to CITY. Such evidence shall consists of original certificates of insurance and amendatory endorsements, and an additional insured endorsement. The endorsements shall be on forms provided by the CITY or on such other forms approved by the CITY in writing, and amended to conform to the CITY's requirements. CONSULTANT shall file all certificates of insurance and fully executed endorsements with the CITY before work commences. Thereafter, CONSULTANT shall provide proof that the policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof shall be furnished to the CITY prior to the expiration of the affected coverages. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. CONSULTANT agrees to provide complete copies of policies to CITY upon request. 12.8 Subcontractors. CONSULTANT shall include all subcontractors or any other party involved in the project by CONSULTANT as insured under its policies or shall require subcontractors or any other party involved in the project by CONSULTANT to carry the same insurance as required herein. CONSULTANT agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. CONSULTANT agrees to require that no contract used by any subcontractor, or contracts CONSULTANT enters into on behalf of CITY, will reserve the right to charge back to APPROVED: _______ DATE: _________ PSA # ____________ Revised: 26-Jun-13

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CITY the cost of insurance required by this Agreement. CONSULTANT agrees that upon request, all agreements with subcontractors or others with whom CONSULTANT 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 shall not impose any liability on CITY, or its employees, nor shall such failure be deemed a waiver of any rights by CITY. 13.0 WORK PRODUCT. 13.1 Deliverables. CONSULTANT shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. CONSULTANT shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to CONSULTANT by the CITY. 13.2 Ownership. Each and every report and draft produced by the CONSULTANT pursuant to or in connection with this Agreement and the PROPOSAL shall be the exclusive property of the CITY. 13.3 Confidentiality. CONSULTANT shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to CONSULTANT by the CITY or other information to which the CONSULTANT has had access during the term of this Agreement without the prior written approval of the Designated Official during the term of this Agreement. CONSULTANT’s covenant under this section shall survive the termination of this Agreement. 13.4 Records. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the CITY or the Designated Official. The CONSULTANT shall maintain adequate records on services provided in sufficient detail to permit an evaluation of service. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. At all times during regular business hours, CONSULTANT shall provide access to such books and records to the Designated Official or his or her designees, and shall give the Designated Official or his or her designees the right to examine and audit such books and records and to make transcripts as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. 14.0 ASSIGNMENT. This Agreement is personal to the CONSULTANT. Any attempt at assignment by the CONSULTANT shall be void unless approved in writing in advance by the Designated Official. CONSULTANT's services pursuant to this Agreement shall be provided by the Representative or directly under the supervision of the Representative and CONSULTANT shall not assign another to supervise the CONSULTANT's performance of this Agreement without the prior written approval of the CITY, by and through the Designated Official. 15.0 MISCELLANEOUS TERMS. 15.1 Nuisance. CONSULTANT shall not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.

APPROVED: _______ DATE: _________ PSA # ____________ Revised: 26-Jun-13

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15.2 Permits and Licenses. CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 15.3 Conflicts of Interest. CONSULTANT agrees to be familiar with and comply with all applicable federal, state, and local conflict of Interest laws, including, but not limited to, the Political Reform Act (California Government Code Section 81000, et seq.) and California Government Code Section 1090. During the term of this Agreement, CONSULTANT shall retain the right to perform similar services for other clients, but CONSULTANT and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Manager, perform work for another person or entity for whom CONSULTANT is not currently performing work that would require CONSULTANT or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.. 15.4 Waiver. A waiver by the CITY of any breach of any term, covenant, or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement whether of the same or different character. 15.5 Accomplishment of Project. The CONSULTANT shall commence, carry on, and complete its assignments with all practicable dispatch, in a sound, economical, and efficient manner in accordance with all applicable laws and generally accepted industry standards. 15.6 Captions for Convenience Only. The titles of the sections, subsections, and paragraphs set forth in this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of the provisions of this Agreement. 15.7 Notices. Any notice required by this Agreement to be given in writing to the person, at the addresses specified on first page of this Agreement. Either party may change the specified person or address at which it is to receive notices by advising the other party in writing. 15.8 No Third Party Beneficiaries. The CITY shall not be obligated or liable under this Agreement to any party other than the CONSULTANT. 15.9 When Rights and Remedies Not Waived. In no event shall the making by the CITY of any payment to the CONSULTANT constitute or be construed as a waiver by the CITY of any breach of covenant, or any default which may then exist, on the part of the CONSULTANT, and the making of any such payment by the CITY while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default. 15.10 Cost of Litigation. If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing Party shall be entitled to receive from the losing Party all costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. APPROVED: _______ DATE: _________ PSA # ____________ Revised: 26-Jun-13

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15.11 Compliance with Laws. In the performance of the work required by this Agreement, CONSULTANT shall abide by and conform with and to any and all applicable laws of the United States and the State of California, and with the CITY's Municipal Code, ordinances, regulations and policies. 15.12 Severability. If any part, term, or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected by such holding. 15.13 Governing Law. The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in a competent court in Orange County, California. 15.14 Integrated Contract. This Agreement represents the entire Agreement between the CITY and CONSULTANT with respect to the subject matter hereto and supersedes all prior oral or written negotiations, representations or agreements. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 15.15 Agreement Governs Relationship. In the event of any inconsistency between the provisions of this Agreement and CONSULTANT's proposal, the provisions of this Agreement shall control. 15.16 Authority to Bind Parties. Each of the undersigned hereby represents that he or she has the authority to execute the Agreement on behalf of his or her contracting party. 15.17 Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

APPROVED: _______ DATE: _________ PSA # ____________ Revised: 26-Jun-13

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In recognition of the obligations stated in this Agreement, the parties have executed this Agreement on the date indicated above.

CITY OF BUENA PARK

CONSULTANT*

A Municipal Corporation

Badawi & Associates Name of Business

Signature

Signature

Name:

Elizabeth Swift, Ed.D.

Name:

Ahmed M. Badawi, CPA

Title:

Mayor

Title:

President

Signature Name: Title: *

Please note, two signatures required for corporations pursuant to California Corporations Code Section 313.

ATTEST: (SEAL)

_____________________________________ Shalice Tilton, City Clerk

APPROVED: _______ DATE: _________ PSA # ____________ Revised: 26-Jun-13

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City of Buena Park PROPOSAL

For Professional Auditing Services for the City of Buena Park A three year agreement beginning with the fiscal year ending June 30, 2013 with the option to renew for two subsequent fiscal years May 23, 2013 Contact Person: Ahmed Badawi, CPA Badawi & Associates Certified Public Accountants 180 Grand Avenue, Suite 955 Oakland, CA 94612 Phone: (510) 768-8244 Fax: (510) 768-8249 E-mail: [email protected]

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City of Buena Park Table of Contents Page Letter of Transmittal

1

Firm Qualifications and Experience - Independence - License to Practice in California - Insurance - Firm Qualifications - Technical Approach - Firm Experience - Additional Activities - Client Training - CSMFO Training - Free Services - Quality Control Review - Federal or State Desk Review - Disciplinary Action - Contract Termination and Legislations

3 3 3 3 3 4 5 6 6 6 6 6 7 7 7

Partner, Supervisory and Staff Qualifications and Experience

8

Similar Engagements with other Government Entities

18

Understanding of Services to be Provided

20

Specific Audit Approach - Objectives for Our Services - Audit Approach - Technical Approach - Audit Schedule

21 21 22 23 26

Comprehensive Cost Bid

29

Conclusion

35

Appendix A – References

36

Appendix B – Insurance Certificate

38

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May 23, 2013 Sung Hyun Director of Finance City of Buena Park 6650 Beach Boulevard Buena Park, CA 90621 Dear Mr. Hyun: Badawi & Associates (B&A), Certified Public Accountants (the “Firm”) is pleased to have the opportunity to respond to your request for a proposal to provide external audit services and to submit its qualifications to perform an independent audit of the financial statements of the City of Buena Park (the “City”) for a three year agreement beginning with the fiscal year ending June 30, 2013 with the option to renew for two additional one year terms. The objective of our audits is to issue opinions regarding the fairness of presentation of the financial position of the City in accordance with generally accepted accounting principles. These audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the General Accounting Office’s (GAO) Government Auditing Standards, the provisions of the federal Single Audit Act of 1984, as amended in 1996), and U.S. Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments and Non-Profit Organizations, as well as any other applicable federal, state, local or programmatic audit requirements. We will also perform the Single Audit, and audit of the Buena Park Foundation report; perform agreed upon procedures on the appropriation limit calculation and supplementary information required by the Government Accounting Standards Board. In addition, we will prepare a management letter containing comments and recommendations regarding our review and evaluation of the systems of internal control and accounting procedures, and prepare and submit the California State Controller’s Cities Financial Transactions Report. This proposal will highlight the background of the partners and staff assigned to the engagement, summarize our experience in the governmental area, and describe our approach to auditing the City. This proposal demonstrates our ability to render the quality examination and to perform the necessary accounting and auditing services requested by the City on a timely basis. As a partner of the Firm, I will be the primary contact for negotiation of the contract. Additionally, I have been authorized to legally bind the Firm. You may contact me at the following address and phone number: Mr. Ahmed Badawi, CPA Badawi & Associates Certified Public Accountants 180 Grand Ave. Suite 955 Oakland, CA 94612 Telephone: (510)768-8244 E-mail: [email protected] We are committed to performing the required work, completing the audit, and issuing the necessary auditors’ reports prior to the City’s published time frames and commit to you that we will perform the work within the time frames required. Council Meeting of 7/9/2013 Page 115

Item 06

Sung Hyun Director of Finance City of Buena Park Page 2

We believe we are the best qualified to perform the audit because our audit staff includes individuals well versed in municipal auditing and reporting requirements. We have performed auditing and consulting engagements for numerous cities throughout California. We will be responsive to the needs of the City, we understand the City’s operational environment, and pledge to you our complete commitment to providing a quality product that meets the City’s requirements. The approach to the audit has been designed to meet the audit requirements of the various authorities with the least disruption to the City’s office operations. The foundation of the audit approach is based on communication coupled with a strong knowledge of City operations and detailed planning at the initial stages of the audit. Open communication lines with all parties of the Engagement Team and City Management and staff throughout the engagement eliminate “surprises”. Initial planning and proper assignment of duties to experienced personnel provide for an effective and efficient audit process. Consequently, inefficiencies and disruptions are kept to a minimum. In addition, we perform almost half of the audit tasks during the interim phase to minimize any unforeseen delays during the year-end phase and to ensure a smooth and timely audit process. The Firm maintains liability insurance coverage of not less than $1,000,000 each for professional liability, Workers’ Compensation, Comprehensive General Liability and Auto as part of our comprehensive insurance policy. The Firm is an Equal Opportunity employer and complies with all Federal and State hiring requirements. The Firm also supports Affirmative Action philosophies and works hard to provide disadvantaged groups with opportunities for self enhancement. This proposal is a firm and irrevocable offer. We are confident that you will find our organization offers the required expertise, technical knowledge, and business understanding to perform an audit of the City. Our past experience provides us with a thorough understanding of the needs and requirements of the City, as well as the technical knowledge to perform such services in accordance with the accounting and auditing guidelines as published by the various authoritative entities. We welcome your inquiries and look forward to further discussions with you. Sincerely,

Ahmed Badawi Partner Badawi & Associates Certified Public Accountants

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City of Buena Park

Firm Qualifications and Experience

Proposal

Independence The Firm is independent of the City of Buena Park as defined by the GAO’s Standards for Audit of Governmental Organizations, Programs, Activities and Functions, and the AICPA and California State Society of Certified Public Accountants as promulgated in various auditing and professional standards for the Authority.

License to Practice in California The Firm and all key professional staff assigned to City’s audit are properly licensed to practice as Certified Public Accountants in the State of California and comply with GAO Government Auditing Standards. The Firm is registered with the California State Board of Accountancy. COR6823.

Its State number is

The Firm has met all required State and local laws, rules, and regulations.

Insurance The Firm maintains professional liability insurance and other coverage as part of our comprehensive insurance policy. Upon selection as City’s independent auditor, the Firm and our insurance provider will provide a certificate of insurance to the City which shows the minimum requirements identified by the City have been met.

Firm Qualifications Badawi & Associates was founded by Mr. Ahmed Badawi. Mr. Badawi has over 16 years of experience working with state and local government with a special focus on cities. Prior to founding B&A, Mr. Badawi was a partner with Caporicci & Larson, CPAs, where he headed their government practice in Northern California. Mr. Badawi founded Badawi & Associates to serve the fast-paced needs of California's local governments. The goal is to build a proactive, client-focused culture from the ground up and to eliminate the entrenched bureaucratic culture and intrinsic limitations of the big audit firms. Located in Oakland, CA, the Firm serves a variety of cities throughout California as well as conducting financial related services for numerous special districts and authorities. Names and phone numbers of several of our current and past clients and other references are provided for your inquiries. We encourage you to contact these individuals to obtain information on the quality of the audit and the ability of the audit staff. Our Oakland office will be the Engagement Office assigned to the City. In addition to specific city financial statements, the Firm members have also audited numerous redevelopment agencies, public financing authorities, hospitals, housing authorities, transportation authorities, special districts, water districts, OCJP grants, self insurance pools, joint power authorities and has also performed numerous compliance audits in accordance with the Single Audit Act, childcare regulations, TOT regulations, AQMD regulations, franchise requirements, RDA compliance, and other special projects. Additionally, the Firm has significant experience in bond offerings, post closure landfill costs, and recent changes to redevelopment agency reporting requirements.

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City of Buena Park

Item 06

Proposal

The Engagement Partner assigned to the City, Mr. Ahmed Badawi. Mr. Badawi has over 16 years of government audit experience. He is a member of various governmental committees, has actively participated in the development of accounting and audit guidelines for the governmental sector, and is an instructor for the California Society of Municipal Finance Officers. The professional staffs assigned to the Engagement are qualified and experienced. Each individual of the Engagement Team has several years of experience and has conducted or participated in numerous municipal audits of various sizes. Their understanding of governmental operations and the various authoritative guidelines will provide the where-with-all to perform the audit in an efficient and effective manner with minimal disruption to the City’s finance department.

Technical Approach The approach to the audit has been designed to meet the audit requirements of the various authorities with the least disruption to the City’s operations. The foundation of the audit approach is based on communication coupled with a strong knowledge of City operations and detailed planning at the initial stages of the audit. Open communication lines with all parties of the Engagement Team and City Management and staff throughout the engagement eliminate “surprises”. Initial planning and proper assignment of duties to experienced personnel provide for an effective and efficient audit process. Consequently, inefficiencies, disruptions, and lack of understanding are kept to a minimum. The audit approach will consist of four phases: Initial Planning Meeting: The Engagement Partner and Manager will meet with City Management to discuss the audit approach, identify specific needs of City Management, and familiarize themselves with City policies and practices. Interim: The Engagement Team members including the Engagement Team Partner will perform the internal control reviews, test transactions, evaluate compliance with Single Audit Act requirements, identify potential audit issues that need to be addressed, perform limited confirmation procedures, and develop a clear understanding between the Engagement Team and City Management of the year end audit responsibilities and assignments. In addition, we strive to complete many of the year-end audit tasks during the interim phase to ensure a smoother audit process. We will work with the City on providing a list of those tasks that we will target to complete during interim and work with the City on how to complete them to minimize the amount of effort and time needed at year-end which in turn will assist the City in meeting its goal of issuing the CAFR by the desired deadline. Year end: The Engagement Team members including the Engagement Team Partner will conduct validation procedures on general ledger account balances, complete confirmation procedures, perform analytical procedures on revenue and expenditures, perform search for unrecorded liabilities, complete compliance work on Federal Assistance, and wrap up audit field work. Reporting: Auditor’s reports for all City reporting entities and compliance requirements will be finalized along with Single Audit Reports and Management Letter comments. The Partner and Manager will be available to make presentations to the City Council and/or designated bodies.

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Item 06

City of Buena Park

Proposal

Firm Experience The Firm is located in Oakland, and provides a full range of accounting services to governmental agencies throughout California, including audit, tax and accounting. The Firm’s professional staff members provide the financial background and specific experience to meet the City’s operational needs. Additionally, this situation provides the City with an auditing firm that has depth in capabilities to address any financial issue the City may need assistance with, and the quality audit approach that you expect. Firm policy requires that the Engagement Partner, during the first year of the engagement, be actively involved in the daily fieldwork. This means to the City that Mr. Badawi will actually be onsite during the audit coordinating the audit process, supervising the audit staff, gaining a hands-on understanding of City processes, and benefiting the City with his broad municipal experience. We have found that this effort benefits the City and the Firm through developing a thorough knowledge of the City’s practices and issues and establishing a close working relationship with the City’s Management. Additionally, continuity of audit personnel is assured because of the hands on involvement of the Partner. We are committed to providing appropriate and related experience, personal involvement, and a broad business perspective to produce a quality end product within the time frames required. The Firm provides financial and compliance auditing services to governmental agencies throughout California. We are a governmental agency auditing firm and our professional staff members have been performing these services for many years. As a result, we have performed financial and compliance audits on most, if not all, types of governmental agencies and operations including: • • • • • • • • • •

Cities Counties Redevelopment Agencies Financing Authorities Housing Authorities Electrical Utilities Special Districts Water Districts Waste Management Authorities and Operations Pension Plans

• • • • • • • • •

Child Care Operations Joint Power Authorities Risk Pools Investment Activities Landfills Enterprise Funds Airports Transportation Operations Federal and State Grants

In addition, most of our City and County clients require that Single Audits also be conducted. We perform our audits in a detailed manner utilizing approaches developed internally that comply with the authoritative literature currently issued by the AICPA, GASB, FASB, GAO, Single Audit Act, OMB, and the California State Controller’s Office. And we do this with minimal disruption to our clients and within the time frame required.

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Item 06

City of Buena Park

Proposal

Additional Activities We offer a full range of accounting and finance services to the governmental sector. services include: • • • • • • • • • • •

These

Financial audits Compliance audits Tax advice Development of financial and accounting policies and procedures Investment review and compliance evaluation Operational reviews Technical guidance on existing and upcoming accounting issues Training seminars Pension/profit-sharing plans Performance audits Business consulting

Consequently, Firm personnel are well qualified to perform the services expected by the City. Client Training Seminar The Firm hosts an annual update on recent technical accounting and finance issues affecting the governmental area. This all day session reviews new and anticipated pronouncements from GASB, discusses future issues under consideration by GASB, reviews accounting treatment of various transactions where issues may arise, and provides a general overview of state and federal compliance issues. All of our clients are invited to attend, free of charge. The one day session qualifies for CPE under the rules of the State Board of Accountancy and is held in locations throughout California.

CSMFO Training The Firm provides a one-day training session entitled “Introduction to Governmental Accounting” to members of CSMFO. Firm personnel developed the class materials and teach the sessions. Approximately 10 sessions are held annually at various locations throughout the State. The Firm provides these sessions for only the cost of materials to CSMFO in keeping with its philosophy to support the industry in which it serves

Free Services: The Firm is offering 20 hours of services free to the City to use for consulting purposes as long as the service requested does not impair our independence as the City auditors. Examples of such services are tax related issues, implementation of GASB statement, review of cash receipts process, TOT reviews, etc.

Quality Control Review The Firm is a newly formed firm and has just completed its first external quality control review. B&A has received a pass grade with no comments, which is the highest we can receive. The review was completed on May 16, 2013 and is still subject to the AICPA final approval.

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Item 06

City of Buena Park

Proposal

B&A have policies and procedures to ensure it hires only qualified people, that it properly supervises them and provides professional training, that it advances them to responsibilities they are capable of handling, and that it provides them with necessary technical resources. All members of B&A are very familiar with the stringent quality control standards established by the AICPA. The Firm is a member of the AICPA Government Audit Quality Center. The Firm is a member of the AICPA Private Companies Practice Section.

Federal or State Desk Reviews The Firm has had no negative federal or state reviews in the past three (3) years.

Disciplinary Action There has not been any state or federal disciplinary actions taken or pending against the Firm nor any findings to report.

Contract Termination and Legislations: The Firm has not experienced termination of any contracts before completion, and has not experienced any lawsuits or legal actions that have been resolved or are currently pending in the prior five years.

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City of Buena Park

Partner, Supervisory, and Staff Qualifications and Experiences

Proposal

The Engagement Team will normally consist of seven individuals who provide a broad business perspective and significant experience in governmental auditing. This team will provide access to a wide range of technical capabilities which will provide the City with not only the technical support necessary to perform the audit, but also the broad business background to interpret findings and observations to offer effective solutions to issues, and the personal involvement of the Engagement and Compliance Partners of the Firm. No members of the audit team assigned to the City are reviewers in the California Society of Municipal Finance Officers Certificate of Achievement for Excellence in Financial Reporting Program.

Engagement Partner

Engagement Quality Reviewer

Ahmed Badawi CPA

John Georger, JR. CPA, CIA

IT Specialists Robert Wucher Audit Manager Jennifer Ye CPA

Audit Senior Mitesh Desai CPA

Professional Audit Staff

Professional Audit Staff

Louisa Chen

Cathy Zhai

The Engagement Team will be led by Ahmed Badawi, CPA. Mr. Badawi’s background includes over sixteen years of municipal auditing experience with a special focus on cities. He is the instructor of the CSMFO “Introduction to Governmental Accounting” training classes. Mr. Badawi is a member of the Government Accounting and Auditing Committee, the Accounting Principles and Auditing Standards Committee and the State Technology Committee of the California Society of Certified Public Accountants. He has participated in the audits of numerous city, county and special district governments, as well as non-profit entities. His diversified background offers the technical qualities required of the governmental and non-profit areas and the necessary wherewithal to properly evaluate the entire accounting process, develop opportunities to improve the accounting process, and to offer practical business recommendations. The second member of the Engagement Team is Jennifer Ye, MBA, CPA. Ms. Ye’s background includes over seven years of experience in municipal auditing with a special focus on cities. Ms. Ye has participated in the audits of numerous governmental agencies and assisted in their efforts to publish their CAFRs in compliance with GASB 34. She will serve as the Audit Manager.

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Proposal

The third member of the Engagement Team is Mitesh Desai, CPA. Mr. Desai’s background includes over four years of municipal auditing experience. He has participated in the audits of numerous governmental agencies and assisted in their efforts to publish their financial statements in compliance with various regulations. Mr. Desai will be the Senior of this engagement. The fourth member of the Engagement Team is Louisa Chen. Ms. Chen’s background includes over five years of various accounting experience including one year of municipal auditing experience. She has passed all parts of the CPA exam and will be licensed in the near future. She has participated in the audits of numerous governmental agencies and assisted in their efforts to publish their financial statements in compliance with various regulations. Ms. Chen will be the Staff of this engagement. The fifth member of the Engagement Team is Cathy Zhai. Ms. Zhai’s background includes four year of municipal auditing experience. She has participated in the audits of numerous not-for profit and governmental entities and assisted in their efforts to publish their financial statements in compliance with various regulations. Ms. Zhai will serve as a Professional Staff of this engagement. The sixth member of the Engagement Team is Robert Wucher. Mr. Wucher has 30 years of experience in the field of Information Technology (IT) at the senior and executive management level. He has worked extensively with government agencies, private organizations and public companies. Industry experience includes the public sector, banking, manufacturing, Internet, health care and not-for-profit organizations. The seventh member of the Engagement Team is John Georger, JR. CPA, CIA. Mr. Georger background includes thirty eight years of accounting and auditing experience. He is also an American Institute of Certified Public Accountants (AICPA) Discussion Leader and content contributor for auditing and accounting courses with an emphasis on Government and Non-Profit Organizations, Government Auditing Standards (Yellow Book) and OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations. He has participated in the audits of numerous district, county and city governments, as well as non-profit entities. His diversified background offers the technical qualities required of the governmental and non-profit areas and the necessary wherewithal to properly evaluate the entire accounting process, develop opportunities to improve the accounting process, and to offer practical business recommendations. Mr. Georger will serve as an Engagement Quality Reviewer of this engagement. Each member of the Engagement Team participates in continuing education programs offered by the AICPA and California State Society of Certified Public Accountants, and each has met the continuing education requirements for municipalities. In addition, the firm offers at least 60 hours of in-house CPE annually focused mainly on municipal audits. Professional Development: The Firm maintains a comprehensive training program targeted at appropriate professional staff levels. It utilizes in-house developed educational programs, AICPA and California CPA Foundation educational programs, and on-the-job training. The Firm’s annual training schedule which officially begins in April for all professional staff and administrative staff includes comprehensive in-house training sessions on such topics as: • • •

Review of principles of accounting and financial reporting for state and local governments. Review of governmental fund types and account groups. Review of newly issued generally accepted auditing standards and GAO auditing standards.

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• • • • • • •

Proposal

Review of Internal Control evaluation approaches including COSO principles. Updates on recent governmental accounting and reporting guidelines. Review of Single Audit requirements and approaches. Review of financial audit approaches. Overview of audit and internal control work paper techniques. Review of GASB reporting requirements. Review of current issues facing the governmental community.

During the year, professional staff members are sent to various educational sessions sponsored by the AICPA and California State Society of CPAs, as considered appropriate for the level and need of the individual. These classes include, among others: • • • • • • •

Governmental Financial Reporting Standards and Practices. Yellow Book: Government Auditing Standards. Financial Accounting Standards: Comprehensive Review. Single Audit. Governmental Auditing & Accounting Update. Governmental Accounting Principles. Comprehensive Review of Generally Accepted Auditing Standards

The result of the Firm’s training program is the production of a highly educated and competent municipal audit group capable of performing an efficient and effective audit for the City. The Team members will continue their professional development efforts.

Staff Retention and Continuity: The Firm's policy on providing service to our clients includes a commitment to maintaining continuity of audit personnel. We cannot guarantee that our staff will remain with the Firm. However, to encourage our staff to remain with us, we pay competitive wage rates; offer promotional opportunities; provide state-of-the-art equipment and excellent working conditions; and offer various benefits, such as retirement plans, medical plans, profit sharing programs, educational benefits, and other such benefits. Additionally, we will guarantee that any staff member assigned to this engagement will return to the City in subsequent years if he or she is still with the Firm. We can also guarantee that the partner will be involved in future years. Continuity of audit staff is of prime concern to us and because of the hands-on involvement of the partner; we can assure you that future years’ audits will be conducted in an efficient and effective manner with qualified and experienced professionals. Engagement partners, managers, other supervisory staff and specialists may be changed if those personnel leave the firm, are promoted or assigned to another office. These personnel may also be changed for other reasons only with the express prior written permission of the City of Buena Park. However, in either case, the City of Buena Park retains the right to approve or reject replacements. The Firm is an Equal Opportunity employer and complies with all Federal and State hiring requirements. The Firm also supports Affirmative Action philosophies and works hard to provide disadvantaged groups with opportunities for self enhancement. Resumes of each member of the Engagement Team follow.

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Proposal

Ahmed Badawi, Certified Public Accountant – Engagement Partner Length of Career • Sixteen years’ experience in municipal auditing with a special focus on cities. • Certified Public Accountant for the State of California. Professional Experience • Partial listing of clients served:

Cities: Albany Antioch Berkeley Burlingame Dublin Fremont Pleasanton Redwood City Richmond San Bruno San Leandro Turlock Union City Walnut Creek Counties: Santa Cruz County Contra Costa County County of Lassen Special Districts and Other: Port of Redwood City Marin Municipal Water District Coastside Fire Protection District Alameda County Water District Cosumnes Community Services District East Bay Regional Park District Metropolitan Transportation Commission South Bayside System Authority Stanislaus County Childcare West County Wastewater District Health Care: Alameda County Medical Center Family HealthCare Network

Financial Audit

Single Audit

X X X X X X X X X X X X X X

X X X

X X X

X X X

X X X X X X

X

X X X X X X X X X X

Enterprise Fund

X

X

X X X

X X

X X X

X X X

X

X X X

X X X X X X X X X X X

X

X

Other X X X X X X X X X X X X X X

X

X

X X X

X

X X X X X

Services Provided RDA PFA Audit Audit

X X X X X X X X X X X X

•

Has performed numerous financial audits, Single Audits, Transportation Development Act audits, housing audits, electrical utility audits, RDA audits, PFA audits, and Trust Fund audits, and has prepared numerous CAFRs. Education • BS Degree in Accounting from the University of Alexandria, Egypt. Professional Activities • Instructor, CSMFO’s “Introduction to Governmental Accounting” training class. • Member, CALCPA Government Accounting and Auditing Committee • Member, CALCPA Accounting Principles and Auditing Standards Committee • Member, CALPCA State Technology Committee • Member, American Institute of Certified Public Accountants. • Member, California Society of Certified Public Accountants. • Member, Government Finance Officers Association. • Member, California Society of Municipal Finance Officers. • Chair, Audit Committee, Pets Unlimited, a CA nonprofit organization • Member, Board of Trustees, Pets Unlimited, a CA nonprofit organization Continuing Education Has met the current CPE educational requirements to perform audits on governmental agencies

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Proposal

Jennifer Ye, Certified Public Accountant – Audit Manager Length of Career • •

Seven years’ experience in municipal auditing with a special focus on cities. Certified Public Accountant for the State of California.

Professional Experience •

Has participated in several financial audits, Single Audits, RDA audits, PFA audits, Transportation Development Act audits, and housing audits.

Cities: Antioch Berkeley Sunnyvale Ceres Newark Fremont Petaluma San Mateo Redwood City Union City Counties: Santa Cruz County Glenn County Contra Costa County Special Districts and others: Tahoe Public Utility District Marin Municipal Water District Alameda County Medical Center Metropolitan Transportation Commission Community Health Center Network Alameda Health Consortium

Financial Audit

Single Audit

X X X X X X X X X X

X X X X X X X X X X

X X X

X

X X X

Services Provided RDA PFA Audit Audit X X X X X X X X X X

X X X

X

Enterprise Fund

Other

X X X X

X X X X

X X X X X X X X X X

X X X

X

X X

X X

Education • •

BA Degree in International Politics from Peking University. MA Degree in Accounting from the University of Oregon.

Professional Activities • •

Member, American Institute of Certified Public Accountants. Member, California Society of Certified Public Accountants.

Continuing Education •

•

Various municipal accounting courses offered by the California Society of CPAs and local universities including: - Governmental Financial Reporting Standards and Practices. - Yellow Book: Government Auditing Standards. - Municipal Accounting. - Single Audit. Has met the current CPE educational requirements to perform audits on governmental agencies.

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Proposal

Mitesh Desai, Certified Public Accountant – Professional Audit Senior Length of Career • •

Four years’ experience in municipal auditing with a special focus on cities. Certified Public Accountant for the State of California.

Professional Experience •

Partial listing of clients served: Financial Audit

Cities: Antioch Berkeley Foster City Fremont Pittsburg Placerville, Redwood City Rio Vista Turlock Union City Vacaville Counties: Contra Costa Santa Cruz Other: Alameda County Water District Alameda County Medical Center Golden Valley Health Centers West County Wastewater District Contra Costa Child Development Programs Stanislaus County Childcare

X X X X X X X X X X X X X X X X X X X

Single Audit

X X X X X X

Services Provided RDA PFA Audit Audit

X X X X

X

X

X

X

X X

X X

X X

X

Enterprise Fund

Other

X X X X X X X X X X

X X X X X X X X X X X

X X

X X X X X X X X

Education •

BS Degree in Business Economics with an emphasis in Accounting from University of California, Santa Barbara

Continuing Education •

•

Various municipal accounting courses offered by the California Society of CPAs and local universities including: - Governmental Financial Reporting Standards and Practices - Yellow Book: Government Auditing Standards - Municipal Accounting - Single Audit Has met the current CPE educational requirements to perform audits on governmental agencies.

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Proposal

Louisa Chen – Professional Audit Staff Length of Career • • •

Five years of experience in various accounting-related positions. One year experience in municipal auditing with focus on cities Certified Public Accountant for the State of California (Passed all four parts of the CPA exam)

Professional Experience •

Partial listing of clients served:

Financial Audit Cities: Newark Berkeley San Mateo Union City Redwood City Vacaville Barstow Special Districts and others: Castro Valley Sanitary District Marin Municipal Water District Port of Redwood City

•

X X X X X X X X X

Single Audit

Services Provided PFA Enterprise Audit Fund X X X X X

X

X X X

X

Other X X X X X X X

X X

X X

Has performed numerous Single Audits and Transportation Development Act audits.

Education • •

BS Degree in Philosophy at Fu-Jen University, Taiwan. MA Degree in Marketing at University of the West of England, UK

Continuing Education •

Various municipal accounting courses offered by the California Society of CPAs and local universities including: - Governmental Financial Reporting Standards and Practices - Yellow Book: Government Auditing Standards - Municipal Accounting - Single Audit

•

Has met the current CPE educational requirements to perform audits on governmental agencies.

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Proposal

Cathy Zhai – Professional Audit Staff Length of Career •

Four years of experience in municipal auditing.

Professional Experience •

Partial listing of clients served:

Financial Audit Cities: Antioch Berkeley Foster City Fremont Pittsburg Placerville, Redwood City Rio Vista San Mateo Turlock Union City Vacaville Counties: Contra Costa Other: Alameda County Water District Alameda County Medical Center Golden Valley Health Centers Contra Costa Child Development Programs Stanislaus County Childcare North Tahoe Public Utility District

•

X X X X X X X X X X X X X X X X X X X

Single Audit

X X X X X X

Services Provided RDA PFA Audit Audit

X X X X

X

X

X

X

X

X

X

Enterprise Fund

Other

X X X X X X X X

X X X X X X X X

X X

X X X

X

X X X X X X

X

X

Has performed numerous Single Audits and Transportation Development Act audits.

Education •

BS Degree in Accounting, California State University, East Bay

Continuing Education •

Various municipal accounting courses offered by the California Society of CPAs and local universities including: - Governmental Financial Reporting Standards and Practices - Yellow Book: Government Auditing Standards - Municipal Accounting - Single Audit

Has met the current CPE educational requirements to perform audits on governmental agencies

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Proposal

Robert Wucher – Information Technology Specialist Robert Wucher has 30 years of experience in the field of Information Technology (IT) at the senior and executive management level. He has worked extensively with government agencies, private organizations and public companies. Industry experience includes the public sector, banking, manufacturing, Internet, health care, and not-for-profit organizations.

Areas of Expertise • • • • • • • • • • • • • • •

Systems Auditing and Controls Review (SEC AU-314, SAS-109, SAS-94) Sarbanes-Oxley, Section 404 IT Compliance Consulting and Auditing Journal Entry Analysis in Support of SAS-99 using IDEA by Caseware SSAE-16 (SOC 1,2 & 3), Type I & II Reporting (Formerly SAS-70) ERP/MRP System Reviews and Workflow Analysis Software as a Service (SaaS) Cloud Computing Technologies International and Multinational Company IT Audit Expertise Forensic Data Analysis and Litigation Support in Support of Fraud Auditing Systems Selection and Request-for-Proposal (RFP) Development Systems Programming and Data Conversion Systems Failure Analysis and Quality Improvement E-Commerce and EDI Systems Information Technology Strategic Planning System Process/Procedures Development and Implementation Disaster Recovery and Business Continuity Planning

Publications • Author, The Top Five Tips Every Technology Executive Needs to Know About Sarbanes-Oxley, Published 2007, Aspatore Books • Author, Winning Legal Strategies for Technology & E-Business, An Overview of IT Controls Under Sarbanes-Oxley Published 2005, Aspatore Books

Presentations • • • •

IT Security Trends Data Privacy and Cloud Computing IT Trends and Red Flag Rule IT Controls for NFP Organizations

Education •

B.S. degree in Business Administration, Finance, Old Dominion University, Norfolk, VA.

Professional and Civic Associations • • •

Member, Information Systems Audit and Control Association (IASCA) MAS-90 Accounting Application Suite Qualified Installer, SAGE Systems Former Board Member, Pets are Wonderful Support (PAWS), San Francisco, CA

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Proposal

John Georger, JR. CPA, CIA – Engagement Quality Reviewer The seventh member of the Engagement Team is John Georger, JR. CPA, CIA. Mr. Georger background includes thirty eight years of accounting and auditing experience. He has participated in the audits of numerous district, county and city governments, as well as non-profit entities. His diversified background offers the technical qualities required of the governmental and non-profit areas and the necessary wherewithal to properly evaluate the entire accounting process, develop opportunities to improve the accounting process, and to offer practical business recommendations.

Directly Related Experience Mr. Georger has provided auditing services and accounting services for over 35 local governments during the last twenty five years, including the following organizations: • Fairfax County Water Authority • Dutchess County Water and Wastewater Authority • Fairfax County, Virginia • District of Columbia • City of San Diego, California • County of San Diego, California • San Diego Port District, California • San Diego Unified School District California • City of Falls Church, Virginia • City of Richmond, Virginia • Loudoun County, Virginia • City of Bloomington, Illinois • City of Litchfield, Illinois • County of St. Louis, Missouri • County of the Isle of Wight Virginia • Town of Andrews, South Carolina

Publications • Professional technical reviewer for CCH 2011 Knowledge-Based Audits of State and Local Governments with Single Audits. • Professional technical reviewer 2012 edition of CCH’s Governmental GAAP • Principal drafter/reviewer for numerous NYSSCPA Comment Letters

Education • •

Graduate, George Mason University, Fairfax, Virginia, Bachelor of Science (1971). AICPA Certificate of Educational Achievement in Governmental and Not-for-Profit Accounting

Professional and Civic Associations • Member, American Institute of Certified Public Accountants (AICPA) – Government Audit Quality Center. • Member, California Society of Certified Public Accountants, Government Accounting & Auditing Committee. • Member, Missouri Society of Certified Public Accountants, • Member, Government Finance Officers Association Special Review Committee for the Certificate of Achievement in Financial Reporting. • Member, California Society of Municipal Finance Officers Association

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City of Buena Park

Similar Engagements with Other Governmental Entities

Item 06

Proposal

The following are the five most significant engagements performed that are similar to the City ranked based on the basis of total staff hours: 1) City of Union City • Scope of Work: Comprehensive Annual Financial Report, Gann Limit, SAS114, Measure B (Alameda County), Vehicle Registration Fee Audit (Alameda County), Pension Plan • Date: Fiscal years ended June 30, 2008-2012 • Hours: 700 • Engagement Partner: Ahmed Badawi • Principal Contact: Mrs. Gayle Okada Accounting Supervisor (510) 675-5352 [email protected]

2) City of Redwood City • Scope of Work: Comprehensive Annual Financial Report, Single Audit, Gann Limit, SAS114, Communication Users Tax, Measure A Report (San Mateo County), Due Diligence Reviews for the RDA Successor Agency • Date: Fiscal years ended June 30, 2006-2012 • Hours: 600 • Engagement Partner: Ahmed Badawi • Principal Contact: Mr. Brian Ponty Director of Finance (650) 780-7072 [email protected]

3) City of Newark • Scope of Work: Comprehensive Annual Financial Report, Single Audit, Gann Limit, SAS114, Utility Users Tax, Vehicle Registration Fee Audit (Alameda County), Measure B (Alameda County), Transportation Development Act, Newark Betterment Corporation Audit, Newark Betterment Corporation 990 Tax Return, Due Diligence Reviews for the RDA Successor Agency • Date: Fiscal years ended June 30, 2009-2012 • Hours: 550 • Engagement Partner: Ahmed Badawi • Principal Contact: Mrs. Susie Woodstock Director of Administrative Services (510)578-4804 [email protected]

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City of Buena Park

Proposal

4) City of Antioch • Scope of Work: Comprehensive Annual Financial Report, Single Audit, Gann Limit, SAS114, Antioch Public Facilities Financing Authority, Antioch Public Financing Authority, Transportation Development Act • Date: Fiscal years ended June 30, 2005-2012 • Hours: 470 • Engagement Partner: Ahmed Badawi • Principal Contact: Ms. Dawn Merchant Finance Director (925)779-6135 [email protected]

5) City of Albany • Scope of Work: Comprehensive Annual Financial Report, Gann Limit, SAS114, Measure B (Alameda County), Vehicle Registration Fee Audit (Alameda County), Pension Plan • Date: Fiscal years ended June 30, 2008-2012 • Hours: 310 • Engagement Partner: Ahmed Badawi • Principal Contact: Mr. Charlie Adam Director of Finance and Administration (510)528-5753 [email protected]

The following is a partial list of our current clients similar to the City: • City of Antioch • City of Newark • City of Vacaville • City of Albany • City of Calimesa

• City of Berkeley • City of Redwood City • City of Rio Vista • City of Lemon Grove

• City of Barstow • City of San Mateo • City of Union City • City of Susanville

The following is a partial list of selected governmental agencies for which our professional staff members have performed auditing services in accordance with generally accepted auditing standards, GAO auditing standards, Single Audit Act, OMB requirements, and other regulatory requirements. City Governments: • City of Fremont • City of Brisbane • City of Eureka • City of Newark • City of Oceanside • City of Dublin • City of Redding • City of Redwood City • City of Rocklin • City of Walnut Creek • City of San Rafael • City of Santa Cruz

• • • • • • • • • • • •

City of Berkeley City of Burlingame City of Fairfield City of Rio Vista City of Petaluma City of Pleasanton City of Los Altos City of Richmond City of San Bruno City of San Leandro City of Sanger City of Saratoga

• • • • • • • • • • • •

City of Albany City of Ceres City of Foster City City of Turlock City of Union City City of Ridgecrest City of San Buenaventura City of San Mateo City of Santa Cruz City of Shafter City of Sunnyvale City of Vacaville

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Item 06

City of Buena Park

Proposal

County Governments • County of Contra Costa • County of Glenn • County of Lassen • County of Santa Cruz Water District: • Alameda County Water District • South Coast Water District • Marin Municipal Water District Special Districts • Port of Redwood City • Cosumnes Community Service District • Central County Fire District • Coastside Fire Protection District • Castro Valley Sanitary District • West-County Wastewater District • South Bayside Systems Authority • Castro Valley Sanitary District Housing • Pleasanton Housing Authority • Redding Housing Authority

Understanding of Services to be Provided

• Vacaville Housing Authority • Solano County Housing Authority

The City desires an audit of the financial records for the City and an expression of an opinion in accordance with generally accepted accounting principles on the fairness of presentation of financial statements for a three year agreement beginning with the fiscal year ending June 30, 2013 with the option to renew for two additional one year terms. The Firm will: •

•

• •

•

Express an opinion on the fair presentation of its basic financial statement which includes but is not limited to the financial statements of governmental activities, business type activities each major fund and all aggregate remaining fund information in conformity with generally accepted accounting principles in the United States of America. Express an opinion on the fair presentation of its combining and individual non-major and fiduciary fund financial statements and schedules in conformity with generally accepted accounting principles. The Firm will provide an “in-relation-to” report on the supporting schedules contained in the comprehensive annual financial report based on the auditing procedures applied during the audit of the basic financial statements and schedules. Provide an “in-relation-to” report on the schedule of federal financial assistance based on the auditing procedures applied during the audit of the financial statements. Perform the audit in accordance with generally accepted auditing standards accepted in the United States of America, applicable to the financial audit contained in the Government Auditing Standards issued by the Comptroller General of the United States and the provisions of the U.S. Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. Perform limited procedures on supplementary information required by the Government Accounting Standards Board.

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City of Buena Park

•

Item 06

Proposal

Issue the following reports, following the completion of the audit of the fiscal year’s financial statements: 

• • • •

Independent Auditor’s Report Opinion on Financial Statements and Schedule of Expenditure of Federal awards  Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards  Management Letter setting forth the findings and/or recommendations  Independent Auditor’s Report on Compliance with Requirements Applicable to Each Major Program and Internal Control over Compliance in Accordance with OMB A-133 (Not to be included with CAFR)  Schedule of findings and questioned costs (Not to be included with CAFR)  Agreed Upon Procedures Report on the City’s Article XIIIB (GANN Appropriations Limit) calculations  Auditor’s Communication with Those Charged with Governance  Buena Park Foundation Report  Annual State Controller’s Report for the City of Buena Park Provide assistance to the City as needed. (Examples of such assistance are the preparation of CAFR or consultation on matters of accounting). Provide up to 20 additional consulting hours on accounting and technical matters throughout the year. Retain all working papers and reports at the audit firm’s expense for a minimum of 7 years. In addition, make working papers available to the City and/or any government agency as appropriate. Attend up to three (3) public meetings every fiscal year to present and discuss findings and recommendations, as necessary.

Should any conditions be discovered requiring corrective action, the Firm will provide a detailed description of the findings and recommended actions as to their resolution. The Firm will submit a report to the City Council and management detailing auditor’s responsibility under generally accepted auditing standards, significant accounting policies, management judgments and accounting statements, significant audit adjustments, other information in documents containing audited financial statements, disagreements with management, management consultations with other accountants, major issues discussed with management prior to retention, difficulties encountered during the audit, and any significant deficiencies or material weaknesses found during the audit. Non-material instances of noncompliance will be reported in a separate management letter, if appropriate, along with any other observations or recommendations determined to be informative to City management. The Firm will be available to provide advice and counsel regarding significant matters during the year. The Firm’s Partner and Staff welcome the opportunity to make presentations to the City Council and will be ready to respond to questions from the Council and citizens of the City.

Specific Audit Approach

Objectives of Our Services The basic objective of our audit of the City is to conduct an examination of the financial statements in accordance with generally accepted auditing standards and to express our opinion on the fairness of presentation of such financial statements in conformity with generally accepted accounting principles.

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City of Buena Park

Item 06

Proposal

Additionally, we believe that another real value of our audit lies in meeting other objectives at no additional cost. The following are other objectives of our services that have important benefits to the City: • • • •

To offer substantive observations and recommendations relating to accounting and operating control policies and procedures. To identify opportunities for operating efficiencies and isolate candidate activities for cost reduction opportunities. To perform a professional audit in an efficient and effective way to minimize disruption to the office operations. To offer ongoing advisory services to assist in the running of the operation and implementation of improved operating procedures.

The engagement will be conducted within the framework of the Firm's quality control program which includes the use of audit programs, careful planning, use of computerized audit software and internal control evaluation & documentation software, and objective review procedures. On-site staff will use Firm supplied portable computers and printers.

Audit Approach The specific audit approach has been designed to efficiently and effectively address the audit requirements of the City, to perform the audit of the City’s financial records in a timely manner with minimal disruptions to office operations, and to meet the City’s timeline. The audit will be conducted in accordance with: 1) 2) 3) 4) 5)

Generally accepted auditing standards established by the AICPA. The standards contained in Government Auditing Standards issued by the GAO. Provisions of the Single Audit Act and OMB Circular A-133. Requirements issued by the California State Controller’s office. Other requirements as required.

We will conduct the necessary audit steps to perform: • • • • • •

Planning of the engagement. Evaluation of the existing internal control environment to determine degree of risk of material misstatement. Determination of degree of compliance with laws, regulations, grant provisions, and City approved policies. Assessment of potential fraudulent issues. Validation of account balances. Verification of reasonableness of management estimates.

The audit approach will consist of four phases: − Initial Planning Meeting − Interim Fieldwork & Internal Control Evaluation − Final Fieldwork − Reporting

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Item 06

City of Buena Park

Proposal

Summary of Professional Audit Hours and Professional Staff support by proposed segments for the Year Ending June 30, 2013:

Position Partner Manager Senior Accountant Staff Accountant IT Clerical Total Hours

Initial Planning

Interim 3 3 0 0 0 1 8

5 20 40 80 4 0 149

Year End 10 20 55 134 0 0 219

Reporting Total Hours 12 30 12 55 25 120 20 234 0 4 6 7 75 450

Technical Approach We use an industry specific audit approach tailored to governmental entities. Our governmental audit approach addresses the special risks and circumstances of local governments. As a result, the audit is conducted efficiently and effectively with minimal disruption to your staff. The core of our governmental technical audit approach can be summarized as follows: 1.

Planning, Understanding and Communication: Based on our previous audit experience, using the budget, organizational charts, manuals and other financial information systems and our knowledge of how governments work, we will obtain an insight to the specific concerns and sensitivities of the City. Our understanding is updated continuously through our year-round contact and communication efforts. We will agree on common audit objectives and expectations with management before audit work begins and, throughout the audit, will meet regularly with management to discuss audit issues and to gather feedback.

2.

In-Depth Review of Systems and Controls: We have developed diagnostic reviews which enable us to evaluate your systems and controls, and to provide management with constructive feedback. Combined with our knowledge of the City and understanding and experience with the City’s accounting software, our control review will form the basis of our audit risk assessment. We will utilize the COSO approach in our evaluation of the City’s internal processes to identify potential control deficiencies. In future years, we will update our understanding through similar procedures.

3.

Risk-Based Customized Testing Program: Our audit approach is tailored to governmental applications. We will use audit programs specifically designed to address the operational environment of governmental entities. Our approach will identify potential control risks and the opportunities for risk of material misstatements and fraud. We will evaluate the various risk assessments and identify the potential risks relating to the: • • • •

Balance Sheets/ Statement of Net Assets Statement of Revenues and Expenditures / Statement of Activities Presentation Disclosure

Our audit procedures will then be developed to address these risk areas.

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City of Buena Park

Item 06

Proposal

4.

Expanded Interim Fieldwork: Timeliness and audit efficiency is enhanced by performing extensive interim work. Partners, managers and senior staff work with City staff to identify and resolve potential audit issues early. Accordingly, the amount of audit work to perform at year end is minimized. Because our audit staff is familiar with the operations before year-end fieldwork begins, disruption of accounting staff is minimized.

5.

Smooth Transition: Our testing program focuses on audit risks identified by our understanding of the City’s operations. We will work with the accounting staff to identify the most effective ways to address our objectives. Communication between the members of the audit engagement team and City staff will be fluid and continuous.

6.

Sample Size and Sampling Techniques: Our audit approach will include sampling activities. Population size and the level of assurance to be derived from a particular test will dictate the sample size. We use sampling in our audit approach to compliment skilled judgment and knowledge of the particular situation. Our sample size will range normally from 25 to 60 items.

7.

Automated Systems: We will evaluate controls over the IT functions to assess control risk. We intend to test controls for purposes of reliance. Our review procedures will evaluate controls over: • Security Management • Logical and Physical Access • Configuration Management • Segregation of Duties • Contingency Planning In addition, we will review controls over: • Input, processing, output, master data • Application interface • Data management system interface Our Information Technology Specialists Group will evaluate the IT operating control environment.

8.

Analytical Procedures: We use analytical procedures in several aspects of our audit. Extensive knowledge and industry background are required for effective analytics, and our staff possesses the appropriate experience and knowledge for the City to benefit from these procedures.

9.

Approach to be Taken in Determining Laws and Regulations Subject to Audit Test Work: We continuously refer to specific regulations, compliance supplements, state guidelines and contracts currently in force. We perform the procedures required related to laws and regulations, using inquiries, observations and sampling techniques. Some of the laws and regulations that we believe may be applicable to the City are the Single Audit Act and other applicable laws and regulations, including the California Government Code, provisions of applicable Grant guidelines, California Constitution GANN Limit requirements, requirements of local measures, Transportation Development Act requirements, etc.

Council Meeting of 7/9/2013 Page 138

24

Item 06

City of Buena Park

Proposal

10.

Report Format: We will meet with City Management to review report formats. Any report format changes will be made in conjunction with approval from the City’s management.

11.

Work Plans: The detailed work plans will be designed to efficiently and effectively address the audit requirements of the City in accordance with generally accepted auditing standards, to perform the audit of the City’s financial records in a timely manner with minimal disruptions to office operations, and to meet the City’s timeline.

12.

Adjusting Journal Entries: We will discuss and explain proposed audit adjusting entries with the City’s designated Finance Department personnel prior to recording. Audit adjusting entries will be provided in a format showing the lowest level of posting detail needed for data entry on the City’s general ledger system.

13.

Listing of Schedules and Tables (anticipated to be prepared by the City): Based on preliminary inquiries made with management and City staff and review of documents, we will tailor a list of schedules, tables, and other reconciliations required for the audit. We will take into account as much as possible reconciliations already prepared by the City for day to day operations and reporting, as well as any reports that are system generated to limit the need for additional City staff hours. The following is a listing of significant reconciliations that we would normally expect the City to provide to us in assisting us in conducting our fieldwork. • • • • • • • • • • • • • • • • • • • • • •

Trial Balance CAFR and Account Roll Up Schedule Budget to Actual Reports Bank Reconciliations Listing of manually prepared journal entries posted Summary of Investments held by the City Capital Asset Schedules Long Term Debt Schedules Debt amortization schedules & Calculations of deferred amounts Calculations of any debt covenants amounts or percentages Schedule of Operating Leases Schedule of Expenditures of Federal Awards Reconciliation of Receivables to subsidiary ledgers Calculations for estimate of allowance for uncollectible accounts Loans Receivable Schedules Reconciliation of Significant Revenue Accounts Compensated Absences Schedules Claims Payable schedules Calculation for estimate for Pollution Remediation obligation PERS and OPEB Roll Forward & Supporting Schedules GASB 54 Fund Balance Roll Forward Schedule Interfund Transaction Schedules

Council Meeting of 7/9/2013 Page 139

25

Item 06

City of Buena Park

Proposal

Audit Schedule 2013-2014 Period

Audit Tasks Award of Contract

July

Interim Audit Procedures:

- Planning and Administration ►

Entrance conference with City Management to discuss audit approach, timing, assistance, and issues ► Review and evaluate the City's accounting and financial reporting. Prepare an overall memo of recommendations, potential issues, and suggestions for improvements. ►

Prepare overall memo to City confirming audit procedures, timing, and assistance. ► Prepare detailed audit work plan and audit programs, audit budget and staffing schedule, and list of schedules to be prepared by City staff, and provide it to City Management.

July

- Internal Control Evaluation ► ►

Meeting with key Finance Division personnel. Obtain and document understanding of key internal control systems through walkthroughs, interviews of staff, and review of supporting documentation: General ledger system. Budgeting system. Revenue, utility billing, accounts receivable, and cash collections. Purchasing, expenditures, accounts payable, and cash disbursements. Payroll. Federal Financial Assistance. Other systems.

►

Identify control risks.

►

Evaluate IT control environment.

►

Perform testing of the internal control system and evaluate the effectiveness of the City’s systems. Select large dollar and random samples of transactions in key operating systems. Sample size to meet required level for determined degree of risk. Review supporting documentation of selected transactions, evaluate adequacy of support and approvals, and conclude on degree of adherence to accuracy and compliance with City policies.

►

Conduct fraud assessment procedures.

►

Assess degree of risk for material misstatement.

►

Provide to the City’s management a memo concerning management letter points and identify issues, if any.

Council Meeting of 7/9/2013 Page 140

26

Item 06

City of Buena Park

Proposal

Audit Schedule, Continued 2013-2014 Period

Audit Tasks

July - Other Tasks ►

Review minutes of City Council meetings and other key committees.

►

Preliminary testing,verify and validate account balances by reviewing supporting documentation including invoices, vouchers, council resolutions, minutes, and other documents, as required. ► Preliminary Single Audit and other compliance testing ► Coordinate with City staff and prepare of all appropriate confirmation requests including: Bank accounts. Investment pool accounts. Accounts receivable. Federal grants. Revenue from governmental agencies. Bond and other debts. Pension plan. Attorney letters. Others, as required. ► Provide City with audit plan and list of year end audit schedules. ► Hold progress conference with City Management. ► Hold exit conference with City Management. October

Final Field Work Procedures: ► ►

Entrance conference with City Management. Follow-up on all outstanding confirmations.

►

Verify and validate account balances by reviewing supporting documentation including invoices, vouchers, council resolutions, minutes, and other documents, as required. ► Perform analytical review of revenue and expenditures. Determine reason for material differences between budget and actual. ►

Perform a search for unrecorded liabilities by reviewing disbursements subsequent to June 30, testing terms of contractual obligations, and interviewing City staff. ► Perform review of subsequent events by discussions with City Management and update all minutes of City Council and key committees.

Council Meeting of 7/9/2013 Page 141

27

Item 06

City of Buena Park

Proposal

Audit Schedule, Continued 2013-2014 Period October

Audit Tasks - Single Audit Compliance and Other Compliance Entrance conference with City Management. Obtain Federal Financial Assistance Schedule. Determine grants to be considered as major programs including clusters. Perform audit tests of major grant programs and compliance with Federal Law and Regulations. Review grant documents, select sufficient number of transactions to test for compliance of Federal Requirements. Coordinate Single Audit efforts with the Financial Audit efforts. Communicate findings to City Management. Other Compliance

October November

Reporting

►

Create and review drafts of City financial statements.

►

Review draft of Single Audit Reports concerning internal control structure, compliance with laws and regulations, and administering of federal financial assistance programs. ► Produce and review other reports as required. ► Provide drafts of reports to City Management for review.

November 27

- Final Audit Reports, Financial Statement, GANN Appropriations Limit Report Management Letter, Single Audit Reports and other required reports delivered.

Council Meeting of 7/9/2013 Page 142

28

Item 06

City of Buena Park

Comprehensive Cost Bid

Proposal

Name of Firm and Certification As a partner of Badawi & Associates, CPAs, Mr. Ahmed Badawi who is signing the proposal is entitled to represent the firm, empowered to submit the bid and authorized to sign a contract with the City of Buena Park.

Total Maximum Price

City

26,188

5-year Total $ 123,136

2012-2013

2013-2014

2014-2015

2015-2016

2016-2017

$

$

$

$

$

23,184

23,872

24,588

25,304

Single Audit

2,608

2,686

2,766

2,847

2,946

13,853

Gann Limit Buena Park Foundation

580

597

615

633

655

3,078

1,449

1,492

1,537

1,582

1,637

7,696

SCO's Report Grand Total

1,159 $

28,980

1,194 $

29,840

1,229 $

30,735

1,265 $

31,630

$

1,309

6,157

32,735

$ 153,920

Contract Authorization: The undersigned bidder acknowledges that he/she has thoroughly reviewed all pages for this request for proposal. Bidder further acknowledges that he/she is aware of all the requirements of these documents and agrees to the same. The bidder shall be bound to furnish the services specified according to requirements herein, upon acceptance by City of Buena Park.

Badawi & Associates 180 Grand Avenue, Suite 955 Company Name Address

Oakland, CA City

Signature of Authorized Representative

President Title

Ahmed Badawi Printed Name of Authorized Representative

(510)768-8244 Phone Number

94612____ Zip Code

5/23/2013_ Date (510)768-8249___ Fax Number

45-4555509________________________________________________________________ Federal Tax ID Number

Council Meeting of 7/9/2013 Page 143

29

Item 06

City of Buena Park

Proposal

Schedule of Professional Fees and Expenses For the Audit of Fiscal Year 2012-2013 Financial Statements Rate

Hours

Cost (rate x hours)

Partners

90

30

Manager Senior

70

55

3,850

65

120

7,800

Staff

60

234

14,040

Admin

50

7

350

I.T Specialist Subtotal Staff

60

4

240

450

$

2,700

$

28,980

Billable Expenses Meals and lodging

-

Transportation

-

Other

-

Subtotal Billable Expenses $

Total Maximum Cost

28,980

Schedule of Professional Fees and Expenses For the Audit of Fiscal Year 2013-2014 Financial Statements Rate

Hours

Partners

110

Manager Senior

Cost (rate x hours) 25 $

2,750

80

50

4,000

75

104

7,800

Staff

70

210

14,700

Admin

50

7

350

I.T Specialist Subtotal Staff

60

4

240

400

$

29,840

Billable Expenses Meals and lodging

-

Transportation

-

Other

-

Subtotal Billable Expenses

-

Total Maximum Cost

$

29,840

Council Meeting of 7/9/2013 Page 144

30

Item 06

City of Buena Park

Proposal

Schedule of Professional Fees and Expenses For the Audit of Fiscal Year 2014-2015 Financial Statements Rate

Hours

Cost (rate x hours)

Partners

115

25 $

2,875

Manager Senior

85

50

4,250

80

104

8,320

Staff

70

210

14,700

Admin

50

7

350

I.T Specialist Subtotal Staff

60

4

240

400

$

30,735

Billable Expenses Meals and lodging

-

Transportation

-

Other

-

Subtotal Billable Expenses

$

Total Maximum Cost

30,735

Schedule of Professional Fees and Expenses For the Audit of Fiscal Year 2015-2016 Financial Statements Rate

Hours

Partners

120

Manager Senior Staff

Cost (rate x hours) 25 $

3,000

90

50

4,500

85

104

8,840

70

210

14,700

Admin

50

7

350

I.T Specialist Subtotal Staff

60

4 400

240 $

31,630

Billable Expenses Meals and lodging

-

Transportation

-

Other

-

Subtotal Billable Expenses

-

Total Maximum Cost

$

31,630

Council Meeting of 7/9/2013 Page 145

31

Item 06

City of Buena Park

Proposal

Schedule of Professional Fees and Expenses For the Audit of Fiscal Year 2016-2017 Financial Statements Rate

Hours

Cost (rate x hours)

Partners

120

25 $

3,000

Manager Senior

90

50

4,500

85

104

8,840

Staff

75

210

15,750

Admin

55

7

385

I.T Specialist Subtotal Staff

65

4

260

400

$

32,735

Billable Expenses Meals and lodging

-

Transportation

-

Other

-

Subtotal Billable Expenses

-

Total Maximum Cost

$

32,735

Council Meeting of 7/9/2013 Page 146

32

Item 06

City of Buena Park

Proposal

Estimated Additional City Staff Requirements

Dir. Of Finance Payroll A/P Account Finance Manager Acc'tant Clerk Clerk* Clerks Tasks Providing federal grant award documents (such as award letters, budgets, contracts, submitted grant reports, etc.) 8 16 Pulling and filing HR documents for OPEB census data testing 5 Pulling and filing payroll register, time cards, personnel action forms for payroll testing 5 Pulling and filing sampled manual journal entries posted during the year selected for review. 4 Providing relevant contracts, agreements, accounting policies and procedures, debt statements, and other permanent file documents not available from other sources. 20 Providing detailed 'drill-down' expenditure/revenue detail from the City's general ledger. 5 Providing supporting documentation as part of substantive testing of the City's accounts (i.e. bank reconciliations, bank statements, remittance advices, depreciation schedules, notices of completion, disposal forms, subsequent check registers, support for GASB 54 classifications etc.) 10 30 Providing CAFR Account Rollups, Fund Rollups, Program Revenue Account Grouping, and GASB 34 information 8 Reviewing CAFR and other compiled reports 16 8 8 Providing management responses/corrective action plan to audit findings 5 Providing explanations for analytical reviews (e.g. budget to actual, current year to prior year comparison) 16 Providing information/disclosures when necessary to be included in the City's footnotes (i.e. commitments & contingencies, subsequent events, etc.) Total

4 25

4 46

4 79

5

-

21

Total

24 5

5

4

20

5

40

8 32

5

16

12 176

*The hours for the A/P clerk are based on the City’s request that the auditor pull and file their own invoices and documentation whenever possible.

Council Meeting of 7/9/2013 Page 147

33

Item 06

City of Buena Park

Proposal

Our fees are firm fixed prices that are based on an estimate of 450 hours to perform procedures necessary to provide the requested services. In determining our fees, we understand that the City’s records will be in condition to be audited ; that is, transactions will be properly recorded in the general ledger and subsidiary records, these accounting records and the original source documents will be readily available to use, we will be furnished with copies of bank reconciliations, and other reconciliations and analyses prepared by the City and City personnel will be reasonably available to explain procedures, prepare audit correspondence and obtain files and records. Circumstances may arise during the engagement that may significantly affect the targeted completion dates and our fee estimate. As a result, additional fees may be necessary, which we will communicate and discuss with the City. Such circumstances include but are not limited to the following: 1.

Changes to the timing of the engagement at your request. Changes to the timing of the engagement usually require reassignment of personnel used by Badawi & Associates (“the Firm”) in the performance of services hereunder. However, because it is often difficult to reassign individuals to other engagements, the Firm may incur significant unanticipated costs

2.

All requested schedules are not (a) provided by the accounting personnel on the date requested, (b) completed in a format acceptable to the Firm (c) mathematically correct, or (d) in agreement with the appropriate underlying records (e.g., general ledger accounts). The Firm will provide the accounting personnel with a separate listing of required schedules and deadlines.

3.

Weaknesses in the internal control structure.

4.

Significant new issues or unforeseen circumstances as follows: a. New accounting issues that require an unusual amount of time to resolve. b. Changes or transactions that occur prior to the issuance of our report. c. Changes in the City’s accounting personnel, their responsibilities, or their availability. d. Changes in auditing requirements set by regulators.

5.

Significant delays in the accounting personnel’s assistance in the engagement or delays by them in reconciling variances as requested by the Firm. All invoices, contracts and other documents which we will identify for the City, are not located by the accounting personnel or made ready for our easy access.

6.

A significant level of proposed audit adjustments are identified during our audit.

7.

Changes in audit scope caused by events that are beyond our control.

8.

Untimely payment of our invoices as they are rendered.

Council Meeting of 7/9/2013 Page 148

34

Item 06

City of Buena Park

Proposal

Rates for Additional Professional Services: Any services outside the scope of our engagement will be promptly identified before the services are rendered. Upon mutual agreement, the out-of-scope services will be separately billed at our standard hourly rates. While it can be difficult to simply state hourly rates, as often times the needs of the client and the specific tasks directly impact the billing rates for our services, we want to provide the following information regarding our published billing rates: y Position Rate Partner EQR Manager Senior Staff IT Admin.

$

200 200 150 125 100 150 75

However, we will provide the City with reasonable access to specialized accounting practitioners throughout the fiscal year, as well as the services of a manager level employee to participate in employee interview/selection panels, not to exceed twenty (20) hours in a fiscal year, at no additional cost.

Conclusion

A client relationship with the City will be of great value to our Firm and we welcome the opportunity to develop a long-term relationship with the City. We are committed to: •

Rendering the highest standard of service.

•

Developing a long-term working relationship dedicated to meeting the needs of the City.

•

Assisting the City in operational issues.

•

Producing a quality end-product.

We have the technical qualifications and experience to provide the level of service desired and expected by the City and stand ready to provide our knowledge and experience for the benefit of your organization. We would like to express our appreciation to the City and to its Staff for allowing us the opportunity to submit a proposal to perform professional auditing services. We are available, at your convenience, to discuss any aspects of our proposal. Thank you for allowing us to present our Firm to you. *****************

Council Meeting of 7/9/2013 Page 149

35

City of Buena Park

Appendix A

Item 06

Proposal

References 1)

City of San Mateo • Scope of Work: Comprehensive Annual Financial Report, Single Audit, Gann Limit, SAS114, Measure A Report (San Mateo County), Due Diligence Reviews for the RDA Successor Agency • Engagement Partner: Ahmed Badawi • Principal Contact: Mr. David Culver Finance Director (650) 522-7102 [email protected]

2)

City of Redwood City • Scope of Work: Comprehensive Annual Financial Report, Single Audit, Gann Limit, SAS114, Communication Users Tax, Measure A Report (San Mateo County), Due Diligence Reviews for the RDA Successor Agency • Engagement Partner: Ahmed Badawi • Principal Contact: Mr. Brian Ponty Director of Finance (650) 780-7072 [email protected]

3)

City of Newark • Scope of Work: Comprehensive Annual Financial Report, Single Audit, Gann Limit, SAS114, Utility Users Tax, Vehicle Registration Fee Audit (Alameda County), Measure B (Alameda County), Transportation Development Act, Newark Betterment Corporation Audit, Newark Betterment Corporation 990 Tax Return, Due Diligence Reviews for the RDA Successor Agency • Engagement Partner: Ahmed Badawi • Principal Contact: Mrs. Susie Woodstock Director of Administrative Services (510)578-4804 [email protected]

4)

City of Antioch • Scope of Work: Comprehensive Annual Financial Report, Single Audit, Gann Limit, SAS114, Antioch Public Facilities Financing Authority, Antioch Public Financing Authority, Transportation Development Act • Engagement Partner: Ahmed Badawi • Principal Contact: Ms. Dawn Merchant Finance Director (925)779-6135 [email protected]

5)

City of Albany • Scope of Work: Comprehensive Annual Financial Report, Gann Limit, SAS114, Measure B (Alameda County), Vehicle Registration Fee Audit (Alameda County), Pension Plan • Engagement Partner: Ahmed Badawi • Principal Contact: Mr. Charlie Adam Director of Finance and Administration (510)528-5753 [email protected]

Council Meeting of 7/9/2013 Page 150

36

City of Buena Park 6)

Item 06

Proposal

City of Berkeley • Scope of Work: Comprehensive Annual Financial Report, Gann Limit, SAS114, Measure B

(Alameda County), Vehicle Registration Fee Audit (Alameda County), Due Diligence Reviews for the RDA Successor Agency • •

Engagement Partner: Ahmed Badawi Principal Contact: Mr. Robert Hicks Director of Finance (510)981-7339 [email protected]

Council Meeting of 7/9/2013 Page 151

37

Appendix B - Certificate of Liability Insurance Item 06 Ctffmt#· 18051

ACORD"'

BADAWASSO

CERTIFICATE OF LIABILITY INSURANCE

PRODUCER

DATE (MMJDDIYY)

I

2/19/2013

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER 'fHE COVERAGE AFFORDED BY THE POLICIES BELOW.

Dealey, Renton & Associates P. 0. Box 12675 Oakland, CA 94604-2675 510 465-3090

INSURERS AFFORDING COVERAGE

INSURED

INSURER A:

Badawi.& Associates 180 Grand Ave #955 Oakland, CA 94612

INSURER a: INSURERc:

Travelers Casualty Ins. Co. Travelers Property Casualty Co Liberty Insurance Underwriters

INSURERD: INSURER E:

I COVERAGES

THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING

ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE liMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR POLICY NUMBER pgK~lr~';Lgg»'?~ P%~flr'Ff:./~~N LIMITS TYPE OF INSURANCE LTR

A

~ERAL LIABILITY

rX1--

~M ERCIAL GENERAL liABILITY

[X] OCCUR

ClAIMS MAOE

6804B.729514 AM Best Rate A+ Superior

03/19/13

03/19/14

GEN'LAGGREGATE liMiT APPliES PER:

n~ n

~TOMOBILE

-

6804B729514 AM Best Rate A+ Superior

LIABILITY

AHYAUTO All OWNED AUTOS

03/19/13

03/19/14

HIRED AUTOS NON-OWNED AUTOS

~GELIABILITY AtofYAUTO

8

D

~ DEDUCTIBLE RETENTION

c

$

BODILY INJURY (Per accident)

$

PROPERTY DAMAGE (Per accident)

$

AUTO ONlY - EA ACCIDENT

$

EAACC

$

AGG

$

OTHER THAN AUTO ONlY:

~ESS LIABILITY

OCCUR

B

BODILY INJURY (Per person)

lOC

SCHEDUlED AUTOS

_.!._ _.!._

Slncluded

PERSONAL & ADV INJURY GENERAl AGGREGATE

~~POLICY 1--.

COMBINED SINGLE liMIT (Ea accident)

.MED EXP (Any one person)

r-r-A

PRODUCTS -COM PlOP AGG

$1 000 000 $300 000 $5 000 $1 000 000 $2 000 000 $2 000 000

EACH OCCURRENCE FIRE DAMAGE (Any one flre)

CUP1C28629A CLAIMS MADE AM Best Rate A+ Superior

03/19/13

03/19/14

$1 000 000 s1 000 000

EACH OCCURRENCE AGGREGATE

$ $

$

$

WORKERS COMPENSATION AND EMPLOYERS' UABILITY

OTHER Accountants Professional Liabinty

UB4B730666 AM Best Rate A+ Superior

03/19/13

CPL 10087412 AM Best Rate A Excellent

09/05/12

X IT1,~~I~JUrffi

03/19/14

I

IOJ~-

$1000,000 $1,000,000 E.l. DISEASE -POLICY liMIT $1 000 000 $1,000,000 per Claim $1,000,000 Aggregate $10,000 Deductible E.L. EACH ACCIDENT

E.L. DISEASE -EA EMPLOYEE

09/05/13

DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS

. The Marin Municipal Water District, its officers, agents, employees and volunteers are named as an additional insured as respects general liability for claims arising from the operations of the named insured. Insurance is Primary.

CERTIFICATE HOLDER

I

I ADDITIONALINSURED·IfoiSURE!RLETTER:

CANCELLATION SHOULD ANY OF TilE AB

10 Days for Non-Pavment

ave DESCRIBED POLICIES BE CANCELLED BEFORE lliE EXPIRATION

DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL30._DAYSWRITTEN

Proof of Insurance

NOTICE TOTH E CERTIFICATE HOLDERNAM ED TO THE LEFT, !JUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRES~E

£/4i46..

I ACORD 25-5

(7/97)1

of 1

#5525724~525501

~ EGM

® ACORD CORPORATION 1988

Council Meeting of 7/9/2013 Page 152 38

Item 07

AGENDA REPORT TO CITY COUNCIL

MEETING DATE:

July 9, 2013

TO:

The Mayor and City Council

TITLE:

2012-2013 AND 2013-2014 ANNUAL PAVEMENT REHABILITATION PROGRAM

RECOMMENDED ACTION: 1) Approve the combining of FY 2012-2013 and FY 2013-2014 pavement rehabilitation programs into one project; and 2) Approve a budget transfer in the amount of $232,000 to cover the total amount of the project. PURPOSE: To combine funds for the 2012-2013 and 2013-2014 Annual Pavement Rehabilitation Program to complete additional areas and transfer additional funds to cover project costs. DISCUSSION: The City is currently in the design phase of the FY 2012-2013 Annual Pavement Rehabilitation Program, which will target three areas that have poor pavement conditions. Given recent Pavement Management System (PMS) reports of three additional failed pavement areas that need immediate action, staff has decided to combine 2012-2013 and 2013-2014 program years into one project and add these additional areas for a total of six areas. These six areas include: • • • • • •

Pebble Beach Drive, Pebble Beach Circle, and Knollwood Court The “Composer” Tract (NW of Dale and Whitaker Streets) Maple Drive and adjacent public alley Ocaso Avenue Public Alley to the north of Roland Street Public Alley to the east of Dale Street

BUDGET IMPACT: Both Annual Pavement Rehabilitation funds from FY 2012-2013 and FY 2013-2014 will be combined to complete this endeavor. Total project cost is estimated to be $1,600,000 and is detailed below: Available Funds in Annual Pavement Rehab FY 12/13 (Account No. 24-9806-590004) Available Funds in Annual Pavement Rehab FY 13/14 (Account No. 24-9806-590004)

$

565,000

$

803,000

Unappropriated Gas Tax:

$

232,000

Estimated Total Cost of the Project:

$ 1,600,000

Council Meeting of 7/9/2013 Page 153

Item 07

Page 2 Meeting Date: Subject:

AGENDA REPORT TO CITY COUNCIL July 9, 2013 2012-2013 AND 2013-2014 ANNUAL PAVEMENT REHABILITATION PROJECT

This project is on the Capital Improvement Project (CIP) list for FY 2012-2013 and FY 2013-2014. Current project funds are not sufficient in Annual Pavement Rehabilitation (Account No. 24-9806-590004) to cover the cost to add the additional areas. Funds are short in the amount of $232,000. Staff proposes to use $232,000 from the Unappropriated Gas Tax Fund to fund the remaining amount. A budget transfer is attached for this purpose. Prepared by: Approved by:

Jim Biery, Director of Public Works Jim Vanderpool, City Manager

Presented by:

Nabil S. Henein, Deputy City Engineer

ATTACHMENT: 1) Location Maps 2) Budget Transfer

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Item 07

CITY OF BUENA PARK DATE:

July 1, 2013

TO:

Lisa McLaughlin, Fiscal Services Manager

FROM:

Nabil S. Henein, Deputy City Engineer

SUBJECT: 2012-2013 and 2013-2014 Annual Pavement Rehabilitation Program – Budget Transfer To Acct No. & Description 24-9806-590004 1. Annual Pavement Rehabilitation Program

From Acct No. & Amount* $232,000

Description Unapppropriated Gas Tax

Amount* $232,000

2.

3.

TOTAL

$232,000

TOTAL

$232,000

JUSTIFICATION: Budgeted funds are not sufficient to cover the total cost for the 2012-2013 and 2013-2014 Annual Pavement Rehabilitation Program. The City Council will be requested to approve this transfer at the meeting of July 9, 2013.

Requested by:

Reviewed by:

Approved by:

Jim Biery, Director of Public Works

Finance Staff

Director of Finance

C:\Users\jbooth\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\DU5VHEI9\Attachment 2 of 2.doc

Council Meeting of 7/9/2013 Page 161

Item 08

AGENDA REPORT TO CITY COUNCIL

MEETING DATE:

July 9, 2013

TO:

The Mayor and City Council

TITLE:

PUBLIC HEARING - ORDINANCE TO AMEND ZONING CODE SECTIONS 19.308.030 AND TABLE 19.312.010, AND ADD SECTION 19.348.070 TO DIVISION 3, AMEND SECTION 19.408.030 AND TABLE 19.412.010, AND ADD SECTION 19.448.070 TO DIVISION 4, AMEND TABLE 19.512.010 AND ADD SECTION 19.552.120 TO DIVISION 5 OF TITLE 19 OF THE BUENA PARK MUNICIPAL CODE PERTAINING TO EMERGENCY SHELTERS, TRANSITIONAL AND SUPPORTIVE HOUSING AND AFFORDABLE HOUSING INCENTIVES AS REQUIRED BY STATE LAW

RECOMMENDED ACTION: Adopt an ordinance approving Text Amendment No. C13-001. PURPOSE: To update the City’s Zoning Ordinance to comply with State law regarding Emergency Shelters, Transitional and Supportive Housing (SB 2), and Affordable Housing Incentives (SB 1818). DISCUSSION: On June 12, 2013, the Planning Commission unanimously approved a resolution recommending that the City Council approve Text Amendment No. C13-001, which provides zoning for emergency shelters, transitional and supportive housing, and affordable housing incentives. There was no public testimony. As presented to Council at the January 22, 2013 study session, SB 2 requires the City’s zoning standards be amended to allow non-discretionary administrative approval of homeless shelters in at least one zone and transitional and supportive housing in residential zones. State law allows City’s to adopt specific development and operating standards for emergency shelters. The proposed Code Amendment will permit Emergency Shelters with up to 30 occupants by right in the Commercial Office (CO), Commercial General (CG), Community Shopping (CS) and Commercial Manufacturing (CM) zones and those with occupants greater than 30 by Conditional Use Permit. Emergency Shelters will be prohibited in all residential zones unless incidental to a religious facility. The proposed development and operating standards for emergency shelters include maximum number of beds for persons served nightly, requirements for off-street parking, size and location of on-site waiting and client intake areas, provision for on-site management, proximity to other emergency shelters, length of stay, lighting, security during hours that the shelter is in operation, occupancy and income restrictions, minimum room sizes, and open space requirements.

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Page 2 Meeting Date: Subject:

AGENDA REPORT TO CITY COUNCIL July 9, 2013 PUBLIC HEARING - ORDINANCE TO AMEND ZONING CODE SECTIONS 19.308.030 AND TABLE 19.312.010, AND ADD SECTION 19.348.070 TO DIVISION 3, AMEND SECTION 19.408.030 AND TABLE 19.412.010, AND ADD SECTION 19.448.070 TO DIVISION 4, AMEND TABLE 19.512.010 AND ADD SECTION 19.552.120 TO DIVISION 5 OF TITLE 19 OF THE BUENA PARK MUNICIPAL CODE PERTAINING TO EMERGENCY SHELTERS, TRANSITIONAL AND SUPPORTIVE HOUSING AND AFFORDABLE HOUSING INCENTIVES AS REQUIRED BY STATE LAW

Senate Bill 1818 (SB 1818) requires cities and counties to update State-mandated “density bonus” zoning incentives for affordable housing developments. The changes in the law reduce the amount of affordable units that a developer must provide to receive a density bonus. The changes also require cities and counties to provide certain development concessions or incentives, depending upon the percentage of affordable units provided, and establish maximum parking requirements for affordable units. The State also imposed a new land donation rule. Municipalities can adopt zoning regulations to allow increased housing density above the density permitted by zoning, but cannot establish ordinances that require a decreased housing density than the standards established in the Government Code. Staff has conferred with City Attorney and the City’s Housing Element Consultant expert in drafting the amendments. PUBLIC NOTIFICATION: Notice of public hearing was published in the Buena Park Independent on June 28, 2013, and posted at City Hall, the Buena Park Library, and Ehlers Community Recreation Center on June 28, 2013. Prepared by: Approved by:

Joel W. Rosen, AICP, Director of Community Development Jim Vanderpool, City Manager

Presented by:

Jennifer Wallis, Assistant Planner

ATTACHMENTS: 1) Ordinance with Exhibit A 2) Planning Commission Approval Resolution 3) Planning Commission Minutes Excerpt dated June 12, 2013 4) Planning Commission Staff Report dated June 12, 2013 5) City Council Study Session Minutes Excerpt, dated January 22, 2013 6) Public Hearing Notice published and posted on June 28, 2013

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EXHIBIT “A”

Text Amendment No. C13-001

Request to consider a recommendation to the City Council to amend Section 19.308.030 and Table 19.312.010, and add Section 19.348.070 to Division 3, amend Section 19.408.030 and Table 19.412.010, and add Section 19.448.070 to Division 4, and amend Table 19.512.010 and add Section 19.552.120 to Division 5 of Title 19 of the Buena Park Municipal Code regarding State mandate to comply with the goals and policies of the City’s Housing Element pertaining to Emergency Shelters, Transitional and Supportive Housing and Affordable Housing Incentives.

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19.308.030

Affordable Housing Bonus.

A. When affordable housing is included within a residential development in a residential zone, the dwelling unit density shall not exceed a density determined by increasing the density otherwise allowed by the same percentage as the percentage of affordable housing units in the development. For elderly housing, the maximum such bonus is one hundred percent. For other housing, the maximum such bonus is twenty-five percent. The terms "affordable housing" and "elderly housing" shall have the meanings set forth in California Government Code Section 65915. B. An affordable housing bonus shall not be effective until approval of a site plan for the residential development under the site plan review procedure set forth in Section 19.128.040, and such site plan shall show the number of dwelling units authorized. It shall be a condition of such site plan approval that the number of affordable housing units upon which the affordable housing density bonus is based shall remain in the affordable price range for a period of at least fifteen years. In the case of a bonus of more than twenty-five percent for elderly housing, it also shall be a condition of the site plan approval that the number of affordable elderly units upon which the affordable housing bonus in excess of twenty-five percent is based, shall remain available to elderly households, as such households are currently defined for purposes of the City's housing assistance plan, for a period of at least fifteen years.

19.308.030

Affordable Housing Bonus

A. Purpose of Affordable Housing Incentives. State Density Bonus Law (Government Code Section 65915), provides that local governments shall grant density bonus and regulatory concessions and incentives to developers of housing, child care facilities, or for donation of land for housing, where the developer agrees to construct a specified percentage of housing for lower income households, very low income households, moderate income households or qualifying residents B.

Definitions. For the purpose of this chapter, the following definitions shall apply: “Affordable housing agreement” means an agreement between the applicant and the city guaranteeing the affordability of rental or ownership units in accordance with the provisions of this chapter. “Affordable housing costs” means the amounts set forth in the Health and Safety Code Sections 50052.5 and 50053, as may be amended. “Approving body” means the Planning Commission or City Council, approving the housing development of which the density bonus request is a part. Where there is an appeal, the “Approving Body” shall mean the City Council. “Childcare facility” means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers. “Civil Code; Government Code; Health and Safety Code.” references are to the California Codes, unless otherwise noted.

All code section

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“Common interest development” means a condominium project as defined by Section 1351(f) of the Civil Code, or a planned development as defined by Section 1351(k) of the Civil Code, as may be amended. “Concession(s)” or “incentive(s)” means: 1. A modification in site development, zoning code requirements or architectural design criteria that exceeds the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, reduction in setback, square footage, and parking requirements that result in identifiable, financially feasible, and actual cost reductions. 2. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially feasible and actual cost reductions. The terms "Concessions” or “Incentives" do not limit or require the provision of direct financial incentives for the Housing development, including the provision of publiclyowned land, by the City, or the waiver/reduction of fees or dedication requirements. A housing development proposal that provides affordable units must show that the requested concessions and incentives directly affect the economic feasibility of including the affordable units in the housing development and will result in identifiable, financially feasible and actual cost reductions for the housing development. “Density bonus for housing projects that are common interest developments in which at least ten percent of the total dwelling units are reserved for persons and families of moderate income” means a density increase of at least five percent, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the General Plan as of the date of application. “Density bonus for housing projects that have the requisite percentage of housing reserved for lower income households, very low income households or senior citizen housing developments” means a density increase of at least twenty percent, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the General Plan as of the date of application. “Development standard” includes site or construction conditions that apply to a residential development pursuant to any ordinance, General Plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. “Housing development” means one or more groups of projects for residential units with a minimum of five residential units, including a common interest development. “Housing development” also includes either (1) a project to substantially rehabilitate and convert an existing commercial building to residential use, or (2) substantial

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rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of the Government Code Section 65863.4, as may be amended, where the result of the rehabilitation would be a net increase in available residential units. “Lower income households” means households defined in Section 50079.5 of the Health and Safety Code, as may be amended. “Maximum allowable residential density” means the density allowed under the zoning ordinance. “Persons and families of moderate income” means persons and families defined in Section 50093 of the Health and Safety Code, as may be amended. “Senior citizen housing development” means a project as defined by Sections 51.3 and 51.12 of the Civil Code, as may be amended. “Very low income households” means households defined in Section 50105 of the Health and Safety Code, as may be amended. C.

Density Bonus Requirements, Calculations and Location. 1. Density Bonus Development Requirements. Upon written request by an applicant, the approving body for a housing development shall grant a density bonus and incentives or concessions as provided in this chapter when the applicant for the housing development agrees or proposes to construct at least one of the following: a. Lower Income Households. Ten percent of the total units of a housing development for lower income households. b. Very Low Income Households. Five percent of the total units of a housing development for very low income households. c. Senior Housing. A senior citizen housing development. d. Common Interest Development or Moderate Income Households. Ten percent of the total dwelling units in a common interest development for persons and families of moderate income. 2. Additional Density Bonus. If an applicant exceeds the percentages set forth in Table IV - A, the applicant shall be entitled to an additional density bonus calculated as follows: a. For each one percent increase above the ten percent of the percentage of units affordable to lower income households, the density bonus shall be increased by one and one-half percent up to a maximum of thirty-five percent. b. For each one percent increase above the five percent of the percentage of units affordable to very low income households, the density bonus shall be increased by two and one-half percent up to a maximum of thirty-five percent. c. For each one percent increase above the ten percent of the percentage of units affordable to moderate income households, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent.

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3.

Density Calculation. a. Density calculations resulting in fractional units shall be rounded up to the next whole number. The density bonus shall not be included when determining the number of housing units which is equal to the five percent or ten percent of the total. b. For the purpose of calculating a density bonus, the residential units need not be based upon individual subdivision maps or parcels. Table III – A Calculating Density Bonuses

Affordable Units or Category Minimum % Units in Category

Bonus Granted

Additional Bonus for Each 1% Increase in Affordable Units in Category

% Units in Category Required for Maximum 35% Bonus

Very low income

5

20%

2.5%

11

Lower income

10

20%

1.5%

20%

Moderate income (ownership only)

10

5

1

40%

Senior citizen housing development (No affordable units required)

Entire development

20%

No sliding scale — provided

Land donation for very-low income housing

10% of market rate units

15%

1

30%

Condominium conversion— Moderate income

33%

25%

—

—

Condominium conversion— Lower income

15%

25%

—

—

Child care facility

—

Sq. ft. in day — — care center A density bonus may be selected from only one category, except that density bonuses for land donation may be combined with others, up to a maximum of thirty-five (35) percent, and an additional square foot bonus may be granted for a child care facility. 4. Total Density Bonus Limit. Nothing in this chapter shall prohibit the City from granting a density bonus greater than as described in Table III - A for a housing development that meets the requirements of this chapter or from granting a proportionately lower density bonus than as required by this chapter for a housing development that does not meet the requirements of this chapter. Thirty-five (35) percent represents the maximum density bonus the City is required to provide, not the maximum amount an applicant may obtain. An applicant may negotiate with the City to obtain a density bonus for a housing development higher than the maximum

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amount set forth in Table 1 in exchange for including even more affordable units than are provided in Table 1 and/or the provision of other amenities or considerations. 5. Location of Density Bonus Units. The density bonus units shall be permitted within areas of the housing development other than areas where the units for the lower income households are located. 6. Design Requirements. Affordable units developed in conjunction with a market rate development shall be of similar design and quality as the market rate units. Exteriors and floor plans of affordable units shall be similar to the market rate units; interior finishes need not be the same. 7. Location Distribution Requirements for Affordable Units. Affordable units shall be dispersed throughout the housing development rather than clustered in a single area or a few areas. Location of the affordable units within a housing development shall be approved as part of the entitlement granted by the approving body. 8. Other Requirements. The granting of a density bonus shall not require a general plan amendment, zoning change, or other discretionary approval, and shall be processed in conjunction with the housing development application. D.

Concessions, Incentives and Standards. 1. Evidence for Concession and Incentives. An applicant may submit to the Community Development Department a proposal for specific incentives or concessions. If a meeting is requested, the Community Development Director, or designee, shall meet with the applicant within fifteen working days to discuss the proposal. When the approving body grants a density bonus, the approving body shall grant the concessions or incentives requested by the applicant unless it makes a written finding, based upon substantial evidence of the following conditions: a. The concession or incentive is not required in order to provide for affordable housing ; or b. The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), as may be amended, upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or c. The concession or incentive would have a specific adverse impact on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. 2. Number of Incentives/Concessions. The applicant shall be entitled to receive the following number of incentives or concessions in Table IV - A:

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Table IV – A Density Bonus Concessions and Incentives

Household Income of Units Very Low Income

Lower Income

Moderate Income Units in Condominium or Planned Development Units

Percent of Units 5% 10% 15% 10% 20% 30% 10% 20% 30%

Concessions and Incentives 1 2 3 1 2 3 1 2 3

3. Financial Incentives. This section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, or the waiver/reduction of fees or dedication requirements. 4. Development Standards and Density Bonus Compatibility. The city shall not apply any development standard that will have the effect of precluding the construction of a development meeting the criteria of this section at the densities or with the concessions or incentives permitted by this chapter. 5. Waiver of Development Standards. An applicant may submit a proposal to the Community Development Department in accordance with subsection A of this section for the waiver or reduction of development standards, including, but not limited to, minimum lot size, side yard setbacks, and placement of Public Works improvements. If a meeting is requested, the Community Development Director, or designee, shall meet with the applicant within fifteen working days from the date of receipt of the request. The waiver or reduction of development standards must comply with the following conditions and requirements: a. Nothing in this section shall require the city to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), as may be amended, upon the health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. b. Nothing shall require the city to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. c. The applicant shall show by substantial evidence that the proposed waiver or modification is necessary to make the housing units economically feasible. d. Any discretionary action for modification or waiver shall be processed in conjunction with the housing development application, and shall be held before the Zoning Administrator, if required.

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6. Maximum Parking Requirements for Density Bonus Units. Upon request of the applicant, the following maximum parking standards shall apply, inclusive of handicapped and guest parking, to the entire housing development subject to this chapter: a. One on-site parking space for up to one bedroom. b. Two on-site parking spaces for up to three bedrooms. c. Two and one-half on-site parking spaces for more than three bedrooms. 7. Parking Calculations. All parking calculations for the development resulting in a fraction shall be rounded up to the next whole number. 8. Allowed Parking Types. Required parking may be provided by tandem parking or uncovered parking, but not by on-street parking. 9. Request for Parking Incentives or Concessions. Additional parking incentives or concessions beyond those provided in this section may be requested, subject to subsection A of this section. 10. Other Requirements. The granting of an incentive or concession shall not require a general plan amendment, zoning change, or other discretionary approval, and shall be processed in conjunction the housing development application. E.

Donation of Land. 1. Density Bonus with Land Donation. When an applicant for a tentative subdivision map, parcel map, or other residential development donates land to the city that meets the requirements of this section, the applicant shall be entitled to a fifteen percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire development. 2. Requirements for Donated Land. a. The developable acreage and zoning classification of the land must be sufficient to permit construction of units in an amount not less than ten percent of the number of residential units of the proposed development; and b. The units developed on donated land shall be affordable to very low income households. 3. Additional Density Bonus. For each one percent increase above the minimum ten percent land donation, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent if the following conditions are met: a. The land is donated and transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application to the city or to a housing developer approved by the city and by this time the transferred land shall have all permits and approvals, other than building permits, necessary for the development of the very low income housing, with the exception of any design review that would be allowed pursuant to Government Code Section 65583.2(i), as may be amended, if the design has not been reviewed prior to the time of transfer. b. The zoning classification and general plan designation of the land being transferred is appropriate for affordable housing and the land is or will be served by adequate public facilities and infrastructure.

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c. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty units. d. There must be appropriate zoning and development standards to make the development of the affordable units feasible. e. The transferred land is within the boundary of the proposed development. The applicant may submit a written request to the approving authority to allow the transferred land to be located within onequarter of a mile of the boundary of the proposed development. F.

Condominium Conversions. 1. Incentives for Condominium Conversion. When an applicant for conversion of apartments to condominiums agrees to provide at least thirty-three percent of the total units of the proposed condominium to persons and families of low or moderate income or fifteen percent of the total units of the proposed condominium to lower income households, and agrees to pay administrative costs incurred by the city pursuant to this section, the approving body shall either (1) grant a density bonus, or (2) provide other incentives of equivalent financial value. The approving body may place reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as appropriate, including, but not limited to, continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households. For this section, the following definitions apply: a. “Density Bonus” means an increase in units of twenty-five percent over the number of apartments to be provided within the existing structure or structures proposed for conversion. b. “Other Incentives of Equivalent Financial Value” shall not require the city to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval. 2. Proposal for Subdivision Map Approvals. An applicant for approval to convert apartments to condominiums may submit a preliminary proposal to the Community Development Department prior to the submittal of any formal requests for subdivision map approvals. The city shall, within ninety days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. 3. Ineligibility. An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided. 4. Other Requirements. Nothing shall require the city to approve a proposal to convert apartments to condominiums.

G.

Provision of Child Care Facilities. 1. Density Bonus. When an applicant proposes to construct a housing development that conforms to the requirements of this chapter and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the city shall grant either of the following, except as specifically stated elsewhere:

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a. An additional density bonus for an amount of square feet of residential space equal to or greater than the amount of square feet in the child care facility; or b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. 2. Conditions. The city shall require that as a condition of approving the housing development: a. The child care facility shall remain in operation as long as or longer than the period of time the density bonus units are required to remain affordable. b. The children who attend the child care facility, the children of very low income households, lower income households, or children of families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income. 3. Limitation. Notwithstanding any requirement of this subdivision, the city reserves the right to deny a requested density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities. H.

Continued Affordability. 1. Affordability Requirement. An applicant shall agree to, and the city shall ensure, continued affordable housing costs of all density bonus units for thirty years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. a. Rental units for lower income households shall maintain a rent that does not exceed thirty percent of seventy percent of area median income. b. Rental units for very low income households shall maintain a rent that does not exceed thirty percent of fifty percent of area median income. c. Ownership units shall be available only to households whose income does not exceed the limits for moderate income households for the duration of the affordable housing agreement. 2. Occupant Income Restrictions. An applicant shall agree to confirm, and the city shall ensure, that initial occupants of moderate-income units directly related to the receipt of the density bonus in a common interest development are persons and families of moderate income. Additionally, the following criteria apply: a. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The city shall recapture its proportionate share of appreciation which shall be used as required by Government Code Section 65915, as may be amended. The city’s share shall be equal to the percentage by which the initial sales price of the moderate-income unit was less than the fair market value of the home at that time. b. If there is any direct financial contribution from the city through participation in the cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the city may limit the sale price of

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the unit upon resale in accordance with the terms and conditions of that direct financial contribution. 3. Affordable Housing Agreement. Affordability shall be ensured by requiring that the applicant enter into an affordable housing agreement in accordance with this chapter, as approved by the City Attorney, and recorded by the County Recorder. 4. Land Transfer Requirements. These requirements shall apply to land transferred pursuant to this chapter and to any very low income units built on such land, and the thirty-year affordability period shall commence from the Certificate of Occupancy date. I.

Application Requirements. 1. Conditional Use Permit for Projects Receiving Affordable Housing Incentives. A conditional use permit is required for projects pursuant to Density Bonus Law (Government Code Sections 65915 et seq.). The permit shall be approved prior to the effective date of such agreement. 2. Information and Plan Submittal. Development proposal plans submitted shall contain the following: a. Location of dwelling units within the project intended for affordable housing; b. Total number of rental dwelling units and for-sale dwelling units within the project; c. Proposed rent schedules and/or sale prices. d. A development pro-forma with the capital costs, operation expense, return on investment, loan-to-value ratio and the debt coverage ratio including the contribution(s) provided by any applicable subsidy program(s), and the economic effects created by the minimum thirty (30) year use and income restriction on the affordable units. e. An appraisal report indicating the value of the density bonus and of the incentive(s)/concession(s). f. A use of funds statement identifying the financing gaps for the housing development with the affordable housing units. The analysis shall show how the funding gap relates to the density bonus and to the incentive(s)/concession(s). g. Any other information requested by the Director of Community Development.

J. Appeal Process. Any appeal relating to density bonuses, incentives, concessions, or waivers/modifications of development standards shall comply with Buena Park Municipal Code requirements.

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Chapter 19.312 Uses 19.312.010 Uses Permitted.

A. Land, buildings, and other facilities shall be designed, developed, and used only for those activities indicated for the various zones by Table 19.312.010, entitled Uses Permitted. The symbols shown in this table have the following meanings:

Symbol P

Meaning Automatically permitted use.

I

Incidental use—use permitted only if incidental to another primary use on the same site. If incidental to a use authorized by conditional use permit, such incidental use is permitted only if included within the terms of the conditional use permit.

C

Conditional use—use eligible for consideration under the conditional use procedure (Section 19.128.020) and permitted only if a conditional use permit is approved, subject to the specific conditions of such permit.

Ci

Incidental conditional use—use eligible for consideration under the conditional use procedure only if incidental to another primary use of the site, whether such primary use is automatically permitted or permitted by conditional use permit.

IC

Incidental or conditional use—automatically permitted as an incidental use, when the primary use is automatically permitted, or eligible for consideration as a primary use under the conditional use procedure.

T

Temporary use—permitted if approved in accordance with Title 19, Division 10.

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Table 19.312.010 USES PERMITTED—SINGLE FAMILY RESIDENTIAL ZONES Residential Zones Uses Residential Uses Single-Family Dwellings: • • • • •

Site-built. Manufactured. Second dwelling units. (1) Single Family Cluster. (15) Transitional / Supportive Housing

PD (14)

RS-16

RS-10

RS-8

RS-6

P P C

P P C

P P C

C

P

P

P

P P C C P

P C

P C

P C

P C

P

C P P

C P P

C P P

C P P

C P P

P

P

P

P

P

(note 4)

(note 4)

(note 4)

(note 4)

(note 4)

C C

Community Residential Care: • Small group care home. • Other community residential care facility. Residential Accessory Uses: • • • • •

• • • •

Guesthouse. Home occupation. (2) Animal keeping. (3) Swimming pool, therapeutic pool, recreational structure. Clubhouse, meeting room, game room, gymnasium, sauna, health center (private use only) Parking, within garage. Parking, under carport. Parking, uncovered. Yard sale. (6)

P

P

P

P

P

(note 5)

(note 5)

(note 5)

(note5)

(note5)

(note 5)

(note 5)

(note 5)

(note 5)

(note 5)

P

P

P

P

P

I

I

I

I

I

I

I Ci Ci

I

I Ci Ci

I Ci Ci

Public Service Uses Community Day Care: • Small group child day care home (1-14 children). (17) • Small group adult day care home (1-6 adults). • Child day care center. (7) • Adult day care center. (7) Public Assembly: (See also Recreation) • Church. (8), (9) • Emergency Shelter (18)

C I

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Table 19.312.010 USES PERMITTED—SINGLE FAMILY RESIDENTIAL ZONES Residential Zones Uses Education: • Educational institution. (9)

RS-16

RS-10

RS-8

RS-6

C

C

C

PD (14)

Table 19.312.010 USES PERMITTED—SINGLE FAMILY RESIDENTIAL ZONES Uses Recreation : (see also Division 5, Commercial Uses - Commercial Recreation) • Public park, public playground, public recreational area, public landscaped open space, public-owned historical site or feature. • Community recreation center.

RS-16

Residential Zones RS-10 RS-8 RS-6

P

P

PD (14)

P

P

P

C C

Utilities and Communications (16): • Aviation navigational aids. • Public utility facilities or structures, including electrical substations and cellular telephone facilities. Transportation: • Parking lot. Agricultural Uses • Horticultural production, plant nursery (no sales), keeping of livestock. (10) • Horticultural production, plant nursery (with sales). (11) Temporary Uses • On-site construction facilities. (12) • On-site real estate sales office. (13)

C

C

C

C

C

C

C

C

C

C

C

P C

P P

P P

P P

P P

P P

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Notes: 1 Special requirements apply for second dwelling units. See Section 19.348.010. 2 Special requirements apply for home occupations. See Section 19.348.030. 3 Special requirements apply for animal keeping. See Section 19.348.050. 4 Permitted as an incidental use for a single family cluster housing development. See Section 19.348.020. 5 In the RS zones, carports and uncovered parking are permitted for parking spaces which are in addition to the required garage spaces. 6 Special requirements apply for yard sales. See Section 19.348.040. 7 Permitted with a conditional use permit as an incidental use provided that sufficient parking and circulation can be provided on the property and the hours of operation for the incidental use will not conflict with the primary use. 8 In all residential zones in which churches are permitted, such churches shall be located on and oriented to a major, primary, or secondary highway as defined and designated in the Buena Park General Plan. 9 Bingo games shall be permitted as an accessory use only when authorized under Chapter 5.16 et. seq. and only when fire and safety regulations are met and parking facilities are fully conforming to the requirements for public assembly use. 10 Applies to A Overlay Zone only. See Section 19.312.040. 11 Special requirements apply for agricultural uses. See Section 19.348.060. 12 Offices, storage, activities, and facilities directly pertaining to construction for a permitted use on the same site provided construction is not suspended for more than 30 consecutive days. 13 Temporary real estate sales office, only for sales or leasing of new subdivision and for not more than one year. 14 Permitted uses and intensity of use in the PD zone shall be determined in a public hearing subject to the provisions of the General Plan for the individual area designated as Planned Development. 15 Special requrements apply for single family cluster developments. See Section 19.348.020. 16 See Division 12 of Zoning Ordinance. 17

All applicants shall comply with the State Health and Safety Code with regard to the the maximum number of children that may be supervised at any one time based on applicable standards and criteria. In no case, shall the total number of children supervised at any one time at any residence exceed 14.

18 Special requirements apply for Emergency Shelters. See Section 19.348.070.

B. Those uses listed as accessory uses in the Uses Permitted Table are subject to the definition of accessory use in Section 19.104.080 as well as the meanings of the indicated symbols in the table.

(Ord. 1443 § 4, 2003; Ord. 1344 § 4, 1997; Ord. 1315 § 11, 1994)

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19.348.070 A.

Emergency Shelters Required to be incidental to a religious assembly use.

B. The maximum number of beds/persons permitted to be served nightly shall be based on the individual capacity of the building and overall facility and shall not be less than fifty (50) square feet per person served. Shelter are limited to thirty (30) occupants per site as a principal permitted use, consistent with Cal. Gov’t Code § 65583(4)(A). C. Maximum stay at the facility shall not exceed one hundred eighty (180) days in a three hundred sixty-five (365) day period. D. Facility location shall be within a half (1/2) mile radius from an OCTA bus stop, as measured from the property line. E. A minimum distance of three hundred (300) feet shall be maintained from any other emergency shelter. F. A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is in operation. G. A minimum of one (1) parking stall for every four (4) beds or half (½) parking space for each bedroom designated for family units with children, plus one (1) parking stall for each employee/volunteer on duty, shall be maintained. H.

Bike rack parking shall also be provided by the facility.

I. Exterior lighting shall be provided for the entire outdoor area of the site consistent with the provisions of Section 19.536.070 (G). J. On-site client waiting and intake areas shall be located internally in the building where feasible. If not feasible, a waiting area shall be provided which contains a minimum of ten (10) square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right-of-way, shall be visually separated from public view by minimum six (6) foot tall visually screening mature landscaping or a minimum six (6) foot tall decorative masonry wall, and shall provide consideration for shade/rain provisions. K. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by minimum six (6) foot tall visually screening mature landscaping or a minimum six (6) foot tall decorative masonry wall. L.

Facility improvements shall additionally provide: 1.

A minimum of one (1) toilet for every eight (8) beds per gender;

2.

A minimum of one (1) shower for every eight (8) beds per gender; and

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3. Private shower and toilet facility for each area designated for use by individual families. M. An operational plan shall be provided for the review and approval of the Community Development Director. Plans may be required to address additional specific needs as identified by the Director. The approved operational plan shall remain active throughout the life of the facility and updated as necessary. At a minimum, the plan shall contain provisions addressing the topical areas outlined below: 1. Security and safety - addressing both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility; 2. Loitering control - with specific measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site; 3. Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize disruption to nearby land uses; 4. Staff training - with objectives to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income; 5. Communication and outreach with objectives to maintain good communication and response to operational issues which may arise from the neighborhood, city staff, or the general public; 6. Screening of clients for admittance eligibility - with objectives to provide first service to Buena Park residents; 7. Counseling programs to be provided with referrals to outside assistance agencies, and provide an annual report on this activity to the city; and 8. Litter control - with an objective to provide for the timely removal of litter attributable to clients within the vicinity of the facility. N. The facility may provide the following services in a designated area separate from sleeping areas: 1.

A recreation area either inside or outside the shelter;

2. A counseling center for job placement, educational, health care, legal, or mental health services; 3.

Laundry facilities to serve the number of clients at the shelter

4.

Kitchen for the preparation of meals;

5.

Dining hall;

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6. Client storage area (i.e. for the overnight storage of bicycles and personal items); or 7.

Similar services geared to homeless clients.

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19.408.030

Affordable Housing Bonus.

A. When affordable housing is included within a residential development in a residential zone other than the RMH Zone, the dwelling unit density shall not exceed a density determined by increasing the density otherwise allowed by the same percentage as the percentage of affordable housing units in the development, with the following limitations; 1.

For elderly housing, the maximum such bonus shall be one hundred percent.

2.

For other housing, the maximum such bonus shall be twenty-five percent.

B. An affordable housing bonus shall become effective only upon completion of the following: 1. Approval of a site plan for the residential development shall be granted under the site plan review procedure set forth in Section 19.128.040. The site plan approval shall specify as a condition the number of affordable units to be made available. 2. A formal written agreement between the City and the property owner shall be recorded prior to the issuance of any permits. This agreement, in a format approved by the City Attorney, shall ensure that the number of affordable housing units upon which the affordable housing density bonus is based shall remain in the affordable price range for a period as determined within the provisions of this section. 3. The housing development shall be completed with issuance of a certificate of occupancy. C. Development Incentives for Affordable Rental Units. Development incentives pursuant to Section 19.448.010 may be authorized under a site plan review (Section 19.128.040) in exchange for a longer period of available affordable rental units under subsection E of this section. D. Definition of Terms. The terms “affordable housing” and “elderly housing” shall have the meanings set forth in Section 19.104.080 and California Government Code Section 65915. E. Period of Commitment. 1.

Elderly Housing. a. For an elderly housing development, with only the density bonus provision of subsection A.1 of this section, the minimum commitment period of available affordable rental units shall be 30 years. b. For an elderly housing development with the density bonus provision of subsection A.1 of this section and any of the development concessions of section 19.448.010, the commitment period shall be established under the site plan review application.

2.

Housing, Other than Elderly Housing. a. For a housing development, with only the density bonus provision of subsection A.2 of this section, the minimum commitment period of available affordable rental units shall be 10 years. b. For a housing development, with the density bonus provisions of subsection A.2 of this section and any one of the development concessions of

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Section 19.448.010, the minimum commitment period of available affordable rental units shall be 30 years.

19.408.030

Affordable Housing Bonus

A. Purpose of Affordable Housing Incentives. State Density Bonus Law (Government Code Section 65915), provides that local governments shall grant density bonus and regulatory concessions and incentives to developers of housing, child care facilities, or for donation of land for housing, where the developer agrees to construct a specified percentage of housing for lower income households, very low income households, moderate income households or qualifying residents B.

Definitions. For the purpose of this chapter, the following definitions shall apply: “Affordable housing agreement” means an agreement between the applicant and the city guaranteeing the affordability of rental or ownership units in accordance with the provisions of this chapter. “Affordable housing costs” means the amounts set forth in the Health and Safety Code Sections 50052.5 and 50053, as may be amended. “Approving body” means the Planning Commission or City Council, approving the housing development of which the density bonus request is a part. Where there is an appeal, the “Approving Body” shall mean the City Council. “Childcare facility” means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers. “Civil Code; Government Code; Health and Safety Code.” All code section references are to the California Codes, unless otherwise noted. “Common interest development” means a condominium project as defined by Section 1351(f) of the Civil Code, or a planned development as defined by Section 1351(k) of the Civil Code, as may be amended. “Concession(s)” or “incentive(s)” means: 1. A modification in site development, zoning code requirements or architectural design criteria that exceeds the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, reduction in setback, square footage, and parking requirements that result in identifiable, financially feasible, and actual cost reductions. 2. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially feasible and actual cost reductions. The terms "Concessions” or “Incentives" do not limit or require the provision of direct financial incentives for the Housing development, including the provision of

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publicly-owned land, by the City, or the waiver/reduction of fees or dedication requirements. A housing development proposal that provides affordable units must show that the requested concessions and incentives directly affect the economic feasibility of including the affordable units in the housing development and will result in identifiable, financially feasible and actual cost reductions for the housing development. “Density bonus for housing projects that are common interest developments in which at least ten percent of the total dwelling units are reserved for persons and families of moderate income” means a density increase of at least five percent, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the General Plan as of the date of application. “Density bonus for housing projects that have the requisite percentage of housing reserved for lower income households, very low income households or senior citizen housing developments” means a density increase of at least twenty percent, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the General Plan as of the date of application. “Development standard” includes site or construction conditions that apply to a residential development pursuant to any ordinance, General Plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. “Housing development” means one or more groups of projects for residential units with a minimum of five residential units, including a common interest development. “Housing development” also includes either (1) a project to substantially rehabilitate and convert an existing commercial building to residential use, or (2) substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of the Government Code Section 65863.4, as may be amended, where the result of the rehabilitation would be a net increase in available residential units. “Lower income households” means households defined in Section 50079.5 of the Health and Safety Code, as may be amended. “Maximum allowable residential density” means the density allowed under the zoning ordinance. “Persons and families of moderate income” means persons and families defined in Section 50093 of the Health and Safety Code, as may be amended. “Senior citizen housing development” means a project as defined by Sections 51.3 and 51.12 of the Civil Code, as may be amended. “Very low income households” means households defined in Section 50105 of the Health and Safety Code, as may be amended.

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C.

Density Bonus Requirements, Calculations and Location. 1. Density Bonus Development Requirements. Upon written request by an applicant, the approving body for a housing development shall grant a density bonus and incentives or concessions as provided in this chapter when the applicant for the housing development agrees or proposes to construct at least one of the following: a. Lower Income Households. Ten percent of the total units of a housing development for lower income households. b. Very Low Income Households. Five percent of the total units of a housing development for very low income households. c. Senior Housing. A senior citizen housing development. d. Common Interest Development or Moderate Income Households. Ten percent of the total dwelling units in a common interest development for persons and families of moderate income. 2. Additional Density Bonus. If an applicant exceeds the percentages set forth in Table IV - A, the applicant shall be entitled to an additional density bonus calculated as follows: a. For each one percent increase above the ten percent of the percentage of units affordable to lower income households, the density bonus shall be increased by one and one-half percent up to a maximum of thirty-five percent. b. For each one percent increase above the five percent of the percentage of units affordable to very low income households, the density bonus shall be increased by two and one-half percent up to a maximum of thirty-five percent. c. For each one percent increase above the ten percent of the percentage of units affordable to moderate income households, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent. 3.

Density Calculation. a. Density calculations resulting in fractional units shall be rounded up to the next whole number. The density bonus shall not be included when determining the number of housing units which is equal to the five percent or ten percent of the total. b. For the purpose of calculating a density bonus, the residential units need not be based upon individual subdivision maps or parcels. Table III – A Calculating Density Bonuses

Affordable Units or Category Minimum % Units in Category

Bonus Granted

Additional Bonus for Each 1% Increase in Affordable Units in

% Units in Category Required for Maximum 35% Bonus

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Category Very low income

5

20%

2.5%

11

Lower income

10

20%

1.5%

20%

Moderate income (ownership only)

10

5

1

40%

Senior citizen housing development (No affordable units required)

Entire development

20%

No sliding scale — provided

Land donation for very-low income housing

10% of market rate units

15%

1

30%

Condominium conversion— Moderate income

33%

25%

—

—

Condominium conversion— Lower income

15%

25%

—

—

Child care facility

—

Sq. ft. in day — — care center A density bonus may be selected from only one category, except that density bonuses for land donation may be combined with others, up to a maximum of thirty-five (35) percent, and an additional square foot bonus may be granted for a child care facility. 4. Total Density Bonus Limit. Nothing in this chapter shall prohibit the City from granting a density bonus greater than as described in Table III - A for a housing development that meets the requirements of this chapter or from granting a proportionately lower density bonus than as required by this chapter for a housing development that does not meet the requirements of this chapter. Thirty-five (35) percent represents the maximum density bonus the City is required to provide, not the maximum amount an applicant may obtain. An applicant may negotiate with the City to obtain a density bonus for a housing development higher than the maximum amount set forth in Table 1 in exchange for including even more affordable units than are provided in Table 1 and/or the provision of other amenities or considerations. 5. Location of Density Bonus Units. The density bonus units shall be permitted within areas of the housing development other than areas where the units for the lower income households are located. 6. Design Requirements. Affordable units developed in conjunction with a market rate development shall be of similar design and quality as the market rate units. Exteriors and floor plans of affordable units shall be similar to the market rate units; interior finishes need not be the same. 7. Location Distribution Requirements for Affordable Units. Affordable units shall be dispersed throughout the housing development rather than clustered in a single area or a few areas. Location of the affordable units within a housing development shall be approved as part of the entitlement granted by the approving body. 8. Other Requirements. The granting of a density bonus shall not require a general plan amendment, zoning change, or other discretionary approval, and shall be processed in conjunction with the housing development application.

D.

Concessions, Incentives and Standards.

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1. Evidence for Concessions and Incentives. An applicant may submit to the Community Development Department a proposal for specific incentives or concessions. If a meeting is requested, the Community Development Director, or designee, shall meet with the applicant within fifteen working days to discuss the proposal. When the approving body grants a density bonus, the approving body shall grant the concessions or incentives requested by the applicant unless it makes a written finding, based upon substantial evidence of the following conditions: a. The concession or incentive is not required in order to provide for affordable housing ; or b. The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), as may be amended, upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or c. The concession or incentive would have a specific adverse impact on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. 2. Number of Incentives/Concessions. The applicant shall be entitled to receive the following number of incentives or concessions in Table IV - A: Table IV – A Density Bonus Concessions and Incentives

Household Income of Units Very Low Income

Lower Income

Moderate Income Units in Condominium or Planned Development Units

Percent of Units 5% 10% 15% 10% 20% 30% 10% 20% 30%

Concessions and Incentives 1 2 3 1 2 3 1 2 3

3. Financial Incentives. This section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, or the waiver/reduction of fees or dedication requirements. 4. Development Standards and Density Bonus Compatibility. The city shall not apply any development standard that will have the effect of precluding the construction of a development meeting the criteria of this section at the densities or with the concessions or incentives permitted by this chapter.

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5. Waiver of Development Standards. An applicant may submit a proposal to the Community Development Department in accordance with subsection A of this section for the waiver or reduction of development standards, including, but not limited to, minimum lot size, side yard setbacks, and placement of Public Works improvements. If a meeting is requested, the Community Development Director, or designee, shall meet with the applicant within fifteen working days from the date of receipt of the request. The waiver or reduction of development standards must comply with the following conditions and requirements: a. Nothing in this section shall require the city to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), as may be amended, upon the health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. b. Nothing shall require the city to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. c. The applicant shall show by substantial evidence that the proposed waiver or modification is necessary to make the housing units economically feasible. d. Any discretionary action for modification or waiver shall be processed in conjunction with the housing development application, and shall be held before the Zoning Administrator, if required. 6. Maximum Parking Requirements for Density Bonus Units. Upon request of the applicant, the following maximum parking standards shall apply, inclusive of handicapped and guest parking, to the entire housing development subject to this chapter: a. One on-site parking space for up to one bedroom. b. Two on-site parking spaces for up to three bedrooms. c. Two and one-half on-site parking spaces for more than three bedrooms. 7. Parking Calculations. All parking calculations for the development resulting in a fraction shall be rounded up to the next whole number. 8. Allowed Parking Types. Required parking may be provided by tandem parking or uncovered parking, but not by on-street parking. 9. Request for Parking Incentives or Concessions. Additional parking incentives or concessions beyond those provided in this section may be requested, subject to subsection A of this section. 10. Other Requirements. The granting of an incentive or concession shall not require a general plan amendment, zoning change, or other discretionary approval, and shall be processed in conjunction the housing development application. E.

Donation of Land. 1. Density Bonus with Land Donation. When an applicant for a tentative subdivision map, parcel map, or other residential development donates land to the city that meets the requirements of this section, the applicant shall be entitled to a fifteen percent increase above the otherwise maximum allowable residential density

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under the applicable zoning ordinance and land use element of the general plan for the entire development. 2. Requirements for Donated Land. a. The developable acreage and zoning classification of the land must be sufficient to permit construction of units in an amount not less than ten percent of the number of residential units of the proposed development; and b. The units developed on donated land shall be affordable to very low income households. 3. Additional Density Bonus. For each one percent increase above the minimum ten percent land donation, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent if the following conditions are met: a. The land is donated and transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application to the city or to a housing developer approved by the city and by this time the transferred land shall have all permits and approvals, other than building permits, necessary for the development of the very low income housing, with the exception of any design review that would be allowed pursuant to Government Code Section 65583.2(i), as may be amended, if the design has not been reviewed prior to the time of transfer. b. The zoning classification and general plan designation of the land being transferred is appropriate for affordable housing and the land is or will be served by adequate public facilities and infrastructure. c. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty units. d. There must be appropriate zoning and development standards to make the development of the affordable units feasible. e. The transferred land is within the boundary of the proposed development. The applicant may submit a written request to the approving authority to allow the transferred land to be located within onequarter of a mile of the boundary of the proposed development. F.

Condominium Conversions. 1. Incentives for Condominium Conversion. When an applicant for conversion of apartments to condominiums agrees to provide at least thirty-three percent of the total units of the proposed condominium to persons and families of low or moderate income or fifteen percent of the total units of the proposed condominium to lower income households, and agrees to pay administrative costs incurred by the city pursuant to this section, the approving body shall either (1) grant a density bonus, or (2) provide other incentives of equivalent financial value. The approving body may place reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as appropriate, including, but not limited to, continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households. For this section, the following definitions apply: a. “Density Bonus” means an increase in units of twenty-five percent over the number of apartments to be provided within the existing structure or structures proposed for conversion.

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b. “Other Incentives of Equivalent Financial Value” shall not require the city to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval. 2. Proposal for Subdivision Map Approvals. An applicant for approval to convert apartments to condominiums may submit a preliminary proposal to the Community Development Department prior to the submittal of any formal requests for subdivision map approvals. The city shall, within ninety days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. 3. Ineligibility. An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided. 4. Other Requirements. Nothing shall require the city to approve a proposal to convert apartments to condominiums. G.

Provision of Child Care Facilities. 1. Density Bonus. When an applicant proposes to construct a housing development that conforms to the requirements of this chapter and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the city shall grant either of the following, except as specifically stated elsewhere: a. An additional density bonus for an amount of square feet of residential space equal to or greater than the amount of square feet in the child care facility; or b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. 2. Conditions. The city shall require that as a condition of approving the housing development: a. The child care facility shall remain in operation as long as or longer than the period of time the density bonus units are required to remain affordable. b. The children who attend the child care facility, the children of very low income households, lower income households, or children of families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income. 3. Limitation. Notwithstanding any requirement of this subdivision, the city reserves the right to deny a requested density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.

H.

Continued Affordability. 1. Affordability Requirement. An applicant shall agree to, and the city shall ensure, continued affordable housing costs of all density bonus units for thirty years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

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a. Rental units for lower income households shall maintain a rent that does not exceed thirty percent of seventy percent of area median income. b. Rental units for very low income households shall maintain a rent that does not exceed thirty percent of fifty percent of area median income. c. Ownership units shall be available only to households whose income does not exceed the limits for moderate income households for the duration of the affordable housing agreement. 2. Occupant Income Restrictions. An applicant shall agree to confirm, and the city shall ensure, that initial occupants of moderate-income units directly related to the receipt of the density bonus in a common interest development are persons and families of moderate income. Additionally, the following criteria apply: a. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The city shall recapture its proportionate share of appreciation which shall be used as required by Government Code Section 65915, as may be amended. The city’s share shall be equal to the percentage by which the initial sales price of the moderate-income unit was less than the fair market value of the home at that time. b. If there is any direct financial contribution from the city through participation in the cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the city may limit the sale price of the unit upon resale in accordance with the terms and conditions of that direct financial contribution. 3. Affordable Housing Agreement. Affordability shall be ensured by requiring that the applicant enter into an affordable housing agreement in accordance with this chapter, as approved by the City Attorney, and recorded by the County Recorder. 4. Land Transfer Requirements. These requirements shall apply to land transferred pursuant to this chapter and to any very low income units built on such land, and the thirty-year affordability period shall commence from the Certificate of Occupancy date. I.

Application Requirements. 1. Conditional Use Permit for Projects Receiving Affordable Housing Incentives. A conditional use permit is required for projects pursuant to Density Bonus Law (Government Code Sections 65915 et seq.). The permit shall be approved prior to the effective date of such agreement. 2. Information and Plan Submittal. Development proposal plans submitted shall contain the following: a. Location of dwelling units within the project intended for affordable housing; b. Total number of rental dwelling units and for-sale dwelling units within the project; c. Proposed rent schedules and/or sale prices. d. A development pro-forma with the capital costs, operation expense, return on investment, loan-to-value ratio and the debt coverage ratio including the contribution(s) provided by any applicable subsidy

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program(s), and the economic effects created by the minimum thirty (30) year use and income restriction on the affordable units. e. An appraisal report indicating the value of the density bonus and of the incentive(s)/concession(s). f. A use of funds statement identifying the financing gaps for the housing development with the affordable housing units. The analysis shall show how the funding gap relates to the density bonus and to the incentive(s)/concession(s). g. Any other information requested by the Director of Community Development. J. Appeal Process. Any appeal relating to density bonuses, incentives, concessions, or waivers/modifications of development standards shall comply with Buena Park Municipal Code requirements.

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Chapter 19.412 Uses 19.412.010 Uses Permitted.

A. Land, buildings and other facilities shall be designed, developed, and used only for those activities indicated for the various zones by Table 19.412.010, entitled Uses Permitted. The symbols shown in this table have the following meanings:

Symbol

Meaning

P

Automatically permitted use.

I

Incidental use—use permitted only if incidental to another primary use on the same site. If incidental to a use authorized by conditional use permit, such incidental use is permitted only if included within the terms of the conditional use permit.

C

Conditional use—use eligible for consideration under the conditional use procedure (Section 19.128.020) and permitted only if a conditional use permit is approved, subject to the specific conditions of such permit.

Ci

Incidental conditional use—use eligible for consideration under the conditional use procedure only if incidental to another primary use of the site, whether such primary use is automatically permitted or permitted by conditional use permit.

IC

Incidental or conditional use—automatically permitted as an incidental use, when the primary use is automatically permitted, or eligible for consideration as a primary use under the conditional use procedure.

T

Temporary use—permitted if approved in accordance with Title 19, Division 10.

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Table 19.412.010 USES PERMITTED—MULTI-FAMILY RESIDENTIAL ZONES Uses

RMH

Residential Zones RM-10 RM-20

PD (12)

Residential Uses Single-Family Dwellings: • Site-built. • Manufactured. • Single Family Cluster. (13) Multi-familly Dwellings: (1) • • •

Multi-family apartments. Transitional/Supportive Housing Condominium, stock cooperative,community apartments. (2) Mobilehome Park: (3) • •

Undivided ownership. Condominium or planned unit development ownership. Group Quarters:

P P C

P P C

C

P P C

P P C

C C C

P C

•

Convent, rectory, roominghouse, dormitory, fraternity or sorority house, etc. Transient Quarters:

C

C

C

C

P C

P C

P

P P P

P P P

P P P

P P P

I

I

I

C

I P P

I P P

I P P

I P P

(See Division 5, Commercial Uses—Tourist Services)

Community Residential Care: • •

Small group care home. Other community residential care facility. Residential Accessory Uses: • • • • •

• • •

Guesthouse. Home occupation. (4) Animal keeping. ( 5) Swimming pool, therapeutic pool, recreational structure. Clubhouse, meeting room, game room, gymnasium, sauna, health center (private use only). Rental management office, storage room. Parking, within garage. Parking, under carport.

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Table 19.412.010 USES PERMITTED—MULTI-FAMILY RESIDENTIAL ZONES Uses • Parking, uncovered. • Yard sale. (6) Public Service Uses Community Day Care:

RMH P P

•

Small group child day care home (1-14 children). (15) • Small group adult day care home (1-6 adults). • Child day care center. (7) • Adult day care center. (7) Health Facilities:

Residential Zones RM-10 RM-20 P P P P

PD (12) P P

P

P

P

P

P

P

Ci Ci

Ci Ci

Ci Ci

Long-term care (intermediate care or skilled nursing). Public Assembly: (See also Recreation)

C

C

• Church. (8), (9) • Emergency Shelter (16) Education:

C I

C I

• Educational institution. (9) Recreation:

C

C

P

P

P

P

P

C

C C

C C

C

C C

C C

C C

P P

P P

P P

•

•

Public park, public playground, public recreational area, public landscaped open space, public-owned historical site or feature. • Community recreation center. Utilities and Communications (14): • •

Aviation navigational aids. Public utility facilities or structures, including electrical substations and cellular telephone facilities. Transportation: • Parking lot. • Parking structure. Temporary Uses • On-site construction facilities. (10) • On-site real estate sales office. (11)

C C

P P

Council Meeting of 7/9/2013 Page 195

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Notes: 1

See also “Architectural Design Guidelines for Multi-family Low and Medium Density Residential Developments” in a separate document adopted by Resolution # 8934.

2

Special requirements apply. See Section 19.448.030.

3

Special requirements apply for mobilehome parks. See Section 19.448.020.

4

Special requirements apply for home occupations. See Section 19.448.040.

5

Special requirements apply for animal keeping. See Section 19.448.060.

6

Special requirements apply for yard sales. See Section 19.448.050.

7

Permitted with a conditional use permit as an incidental use provided that sufficient parking and circulation can be provided on the property and the hours of operation for the incidental use will not conflict with the primary use.

8

In all residential zones in which churches are permitted, such churches shall be located on and oriented to major, primary, or secondary highway as defined and as designated in the Buena Park General Plan.

9

Bingo games shall be permitted as an accessory use only when authorized under Chapter 5.16 et. seq. and only when fire and safety regulations are met and parking facilities are fully conforming to the requirements for public assembly use.

10 Offices, storage, activities, and facilities directly pertaining to construction for a permitted use on the same site provided construction is not suspended for more than 30 consecutive days. 11 Temporary real estate sales office, only for sales or leasing of new subdivision, and for not more than one year. 12 Permitted uses and intensity of use in the PD zone shall be determined in a public hearing, subject to the provisions of the General Plan for the individual area designated as Planned Development. 13 Special requirements apply for single family cluster developments. See Section 19.448.035.

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14 See Division 12 of Zoning Ordinance. 15 All applicants shall comply with the State Health and Safety Code with regard to themaximum number of children that may be supervised at any one time based on applicable standards and criteria. In no case, shall the total number of children supervised at any one at any residence exceed 14. 16 Special requirements apply for Emergency Shelters. See Section 19.448.070.

B. Those uses listed as accessory uses in the uses permitted table are subject to the definition of accessory use in Section 19.104.080 as well as the meanings of the indicated symbols in the table.

(Ord. 1444 § 9, 2003; Ord. 1344 § 4, 1997; Ord. 1315 § 11, 1994)

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19.448.070 A.

Emergency Shelters Required to be incidental to a religious assembly use.

B. The maximum number of beds/persons permitted to be served nightly shall be based on the individual capacity of the building and overall facility and shall not be less than fifty (50) square feet per person served. Shelter are limited to thirty (30) occupants per site as a principal permitted use, consistent with Cal. Gov’t Code § 65583(4)(A). C. Maximum stay at the facility shall not exceed one hundred eighty (180) days in a three hundred sixty-five (365) day period. D. Facility location shall be within a half (1/2) mile radius from an OCTA bus stop, as measured from the property line. E. A minimum distance of three hundred (300) feet shall be maintained from any other emergency shelter. F. A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is in operation. G. A minimum of one (1) parking stall for every four (4) beds or half (½) parking space for each bedroom designated for family units with children, plus one (1) parking stall for each employee/volunteer on duty, shall be maintained. H.

Bike rack parking shall also be provided by the facility.

I. Exterior lighting shall be provided for the entire outdoor area of the site consistent with the provisions of Section 19.536.070 (G). J. On-site client waiting and intake areas shall be located internally in the building where feasible. If not feasible, a waiting area shall be provided which contains a minimum of ten (10) square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right-of-way, shall be visually separated from public view by minimum six (6) foot tall visually screening mature landscaping or a minimum six (6) foot tall decorative masonry wall, and shall provide consideration for shade/rain provisions. K. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by minimum six (6) foot tall visually screening mature landscaping or a minimum six (6) foot tall decorative masonry wall. L.

Facility improvements shall additionally provide: 1.

A minimum of one (1) toilet for every eight (8) beds per gender;

2.

A minimum of one (1) shower for every eight (8) beds per gender; and

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3. Private shower and toilet facility for each area designated for use by individual families. M. An operational plan shall be provided for the review and approval of the Community Development Director. Plans may be required to address additional specific needs as identified by the Director. The approved operational plan shall remain active throughout the life of the facility and updated as necessary. At a minimum, the plan shall contain provisions addressing the topical areas outlined below: 1. Security and safety - addressing both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility; 2. Loitering control - with specific measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site; 3. Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize disruption to nearby land uses; 4. Staff training - with objectives to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income; 5. Communication and outreach with objectives to maintain good communication and response to operational issues which may arise from the neighborhood, city staff, or the general public; 6. Screening of clients for admittance eligibility - with objectives to provide first service to Buena Park residents; 7. Counseling programs to be provided with referrals to outside assistance agencies, and provide an annual report on this activity to the city; and 8. Litter control - with an objective to provide for the timely removal of litter attributable to clients within the vicinity of the facility. N. The facility may provide the following services in a designated area separate from sleeping areas: 1.

A recreation area either inside or outside the shelter;

2. A counseling center for job placement, educational, health care, legal, or mental health services; 3.

Laundry facilities to serve the number of clients at the shelter

4.

Kitchen for the preparation of meals;

5.

Dining hall;

Council Meeting of 7/9/2013 Page 199

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6. Client storage area (i.e. for the overnight storage of bicycles and personal items); or 7.

Similar services geared to homeless clients.

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Chapter 19.512 Uses 19.512.010 Uses Permitted.

A. Land, buildings, and other facilities shall be designed, developed, and used only for those activities indicated for the various zones by Table 19.512.010, entitled Uses Permitted. The symbols shown in this table have the following meanings:

Symbol

Meaning

P

Automatically permitted use.

I

Incidental use—use permitted only if incidental to another primary use on the same site. If incidental to a use authorized by conditional use permit, such incidental use is permitted only if included within the terms of the conditional use permit.

C

Conditional use—use eligible for consideration under the conditional use procedure (Section 19.128.020) and permitted only if a conditional use permit is approved, subject to the specific conditions of such permit.

Ci

Incidental conditional use—use eligible for consideration under the conditional use procedure only if incidental to another primary use of the site, whether such primary use is automatically permitted or permitted by conditional use permit.

Pc

Automatically permitted use, except such use is subject to a conditional use permit when located within three hundred thirty feet of a residential zone.

Pc*

Automatically permitted use, except such use is subject to a conditional use permit when located within six hundred feet of a residential zone.

IC

Incidental or conditional use—automatically permitted as an incidental use, when the primary use is automatically permitted, or eligible for consideration as a primary use under the conditional use procedure.

T

Temporary use—permitted if approved in accordance with Title 19, Division 10.

Council Meeting of 7/9/2013 Page 201

Item 08

Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses

Industrial Zones CM MR ML MH

Residential Uses Group Quarters: • Convent, rectory, dormitory, fraternity or sorority house, etc.

Ci

Ci

Ci

C P

P P

P P

• Long-term care (intermediate care or skilled nursing).

C

C

C

•

Hospital, alcoholic institution.

C

C

C

•

Medical or dental laboratory.

I

P

P

•

Medical or dental clinic. (17)

P

P

P

•

Industrial clinic.

•

Pharmacy.

P

P

P

P

•

Optician.

P

P

P

P

Transient Quarters: (See Commercial Uses—Tourist Services)

Public Service Uses Community Day Care: •

Child day care center.

•

Adult day care center.

C

I I

I I

I I

I I

Health Facilities:

P

P

P

P

P

P

P

P

P

I

I

I

I

Public Assembly: (See also Recreation) •

Church. (1)

C

C

C

• Emergency Shelter, up to 30 occupants. (19)

P

P

P

P

• Emergency Shelter , more than 30 occupants (19)

C

C

C

C

• Club, lodge, meeting hall, community center (largest meeting room limited to 150 seats or 1000 sq. ft. (1)

C

P

P

•

Exhibit hall (no swap meets).

C

•

Auditorium. (1)

•

Theater, indoor.

•

Theater, open air.

P C C C

•

Theater, drive-in.

P C C C C

C P

C P

P P

C C C

Education: •

Educational institution.

•

Library, reading room.

Council Meeting of 7/9/2013 Page 202

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Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Uses •

Museum.

•

Tutoring.

• Business college, vocational school (no industrial machinery or equipment), physical training school. •

Commercial Zones CO CS CG CR C P P P C C C C

C

Trade school.

Industrial Zones CM MR ML MH C

C

C

C

C

C

C

Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses

Industrial Zones CM MR ML MH

Public Service Uses Recreation : (see also Commercial Uses— Commercial Recreation)

• Public park, public playground, public recreational area, public landscaped open space, public-owned historical site or feature.

P

P

P

• Recreation area (play area, swimming pool, racquetball courts, etc.), as an accessory use (public or private use, indoor or outdoor) to a permitted commercial or industrial use.

C

C

C

C

C P C C C

C

P

P

C

C

•

Private recreation facility.

•

Community recreation center.

•

Golf driving range.

•

Miniature golf.

•

Theme recreational park.

• only.

Tennis courts or club, indoor •

With outdoor courts.

P

P

P

P

P

C

C

C

C

C

Council Meeting of 7/9/2013 Page 203

Item 08

• Racquetball, handball, swimming, gym, athletic club, indoor only. •

P

With outdoor area.

P

P

C

C

Natural Resource Development: •

Exploration and development.

C

C

C

C

C

C

C

• Telephone central office, relay station.

C

C

C

C

C

C

C

• Flood control channel and facilities, utility corridor.

P

P

P

P

P

P

P

P

• Other public utility facilities or structures, including electrical substations, and cellular telephone facilities.

C

C

C

C

C

C

C

C

• Radio, television, microwave transmitters.

C

C

C

C

C

C

C

C

•

C

C

C

C

C

C

C

C

P P C

P P C

P P C

P P C

P P

P P

P P C

P P

Utilities and Communications (13):

Aviation navigational aids.

Transportation: •

Parking lot.

•

Parking structure.

•

Passenger station.

Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Uses

Commercial Zones CO CS CG CR

Industrial Zones CM MR ML MH

Public Service Uses Other Public Services and Facilties: • Non-City-owned public facilities.

C

C

C

C

C

C

C

C

C

C

C

C(14 )

C

C

C

C

Commercial Uses • Any permitted commercial use with drive-in, drive-through,or walkup window service. (Special requirements apply. See Section 19.552.070.)

Council Meeting of 7/9/2013 Page 204

Item 08

Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses

Industrial Zones CM MR ML MH

• Any commercial use with adult entertainment. (Special requirements apply. See Section 19.552.090.)

Offices: (2) •

Bank, financial institution.

P

P

P

P

P

P

P

P

P

P

P

P

P

P

I

I

• Martial arts, dance or drama studio, art or music conservatory.

P

P

P

P

•

Music studio, recording studio.

C

•

Radio, television studio.

C P

C P

C P

C C

C C

• Art studio, art gallery, interior decorating,costume design, arts and crafts,photography studio.

P

P

P

P

• Sale of art or publications related to permitted use.

I

I

I

I

P

• Business, administrative, professional.

Studios, etc.:

C C

Schools: (See Public Service Uses—Education)

Personal Services: •

Barber shop, beauty salon.

P

P

P

• Shoe repair, tailor, dressmaker, laundromat (single batch machines only), dry cleaning (coin-operated only).

P

P

P

•

P

P

P

P

Shoe shine kiosk.

• Automated banking service kiosk. •

Retail dry cleaning. (3)

•

Health spa or salon.

•

Massage therapy.

•

Tanning salon

I IC

P P I IC

P P I IC

P P I IC

Council Meeting of 7/9/2013 Page 205

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Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses

Industrial Zones CM MR ML MH

Commercial Uses • Fortunetelling (see Chapter 5.32 for definition).

P

P

P

P

P C

P

• Entertainment (see Chapter 5.24 for definition).

C

C

C

•

Skating rink.

C

•

Skateboard park.

C C

C C

C

C C

C C

C C C C

Tourist Services: (See also Public Service Uses—Public Assembly, and also the Entertainment Corridor Specific Plan document.)

•

Travel and ticket agency.

•

Hotel, motel, motor hotel. (12)

Commercial Recreation : (See also Public Service Use—Recreation, and also the Entertainment Corridor Specific Plan document.)

• Dancehall or other establishment with public dancing. •

Game machine arcade. (4)

•

Batting cages.

•

Billiard parlor, poolroom.

•

Bowling alley.

C

C C

Retail Sales: (See also Food Sales and Service, Vehicle Sales and Rentals, Vehicle-related Sales with Related Service and Repair, and Other Sales and Service.) (All sales to be indoor only, unless indicated otherwise.)

•

Furniture, carpets.

P

P

P

P

• Household appliances, electrical appliances, radios, television sets, computer equipment.

P

P

P

P

• Department store, variety store, dry goods and notions.

P

P

P

• Apparel—clothing, millinery, shoes, etc.

P

P

P

• Jewelry, cameras and supplies, luggage, sporting goods, toys.

P

P

P

•

P

P

P

Hobby shop.

Council Meeting of 7/9/2013 Page 206

Item 08

Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses

Industrial Zones CM MR ML MH

Commercial Uses •

Drugstore.

•

Tobacco shop.

•

Pet shop and supplies.

•

Key shop kiosk.

•

Gifts, souvenirs.

•

Flower shop.

•

Flower kiosk.

•

Stationery and office supply

•

Books, newsstand.

•

Video sales, rental.

•

Video kiosk.

•

Antiques.

I

P

I

P P P P P P P P P P C P

P P P P P P P P P

• Thrift shop, secondhand goods, pawnshop.

C

•

Auction house.

C

• store.

Volume discount/warehouse

•

Hardware, paint.

P P P P P P P P P P P P

P

P

C

C

C

C

P

P

P

P

• Building materials, plumbing supplies.

Pc

Pc

Pc

Pc

•

C

C

C

C

P

P

P

P

area.

C

C

C

C

• Plant nursery, with outdoor display.

Pc

Pc

Pc

Pc

•

P

P

P

C

C

C

P

P

C

C

With outdoor display area.

• Garden and patio furniture and equipment. •

With outdoor display

Pottery, ceramics. • With outdoor display area.

• Deep discount / product liquidation. • With outdoor display area.

C

C

Pc

Council Meeting of 7/9/2013 Page 207

Item 08

Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses • (18)

Swapmeet - Indoor / Outdoor.

Industrial Zones CM MR ML MH

C

Food Sales and Service: • Restaurant,with no entertainment, no liquor, no drive-in, no drive-through, no walk-up service window.

P

P

P

P

P

P

P

P

• With entertainment. (See Chapter 5.24 for definition)

C

C

C

C

C

C

C

C

•

C

C

C

C

C

C

C

C

C

C

C

C(14)

C

C

C

C

Ci

Ci

Ci

C

C

Ci

C

C

C(16)

P

P

P

• Confectionery, ice cream, bakery (baking for on-premises sales only).

P

P

P

•

C

C

C

C

With on-sale liquor. (5)

• With drive-in, drivethrough, or walk-up service window. (See also Section 19.552.070) •

Cocktail lounge, bar.

Commercial Uses •

Liquor, off-sale.

• Supermarket, grocery, fruits and vegetables, dairy products, meat. •

Deli.

Banquet caterer.

Ci

P

C

• Catering truck terminal (including commissary and kitchens).

Vehicle Sales and Rentals: (See also Other Services—Equipment Rental)

•

Automobile rental agency.

C

P

• Vehicle sales, leasing and rental agency (office use only). • New and used sales / lease of autos, motorcycles,or trucks not exceeding 3 tons gross vehicle weight unladen, and trailers up to 2 ton carrying capacity.

P P

Pc

Pc

Council Meeting of 7/9/2013 Page 208

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Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses • New and used sales / lease of trucks exceeding 3 tons gross vehicle weight unladen, and trailers over 2 tons carrying capacity.

Industrial Zones CM MR ML MH C

Pc

Pc

Pc

Pc

Pc

C

C

Pc

C

C

C

Vehicle-related Sales with Related Service and Repair: (Any installationshall be conducted within a building)

• Retail sales of auto parts or accessories, not including tires.

Pc

Pc

Pc

• Wholesale of auto parts or accessories, not including tires. •

Auto window tinting.

• Machining or repair of auto parts or accessories, not including tires. • Tires, retail sales and/or installation for vehicles not exceeding 3 tons gross vehicle weight unladen.

C

• Tires, retail sales and/or installation for vehicles exceeding 3 tons gross vehicle weight unladen.

C

Ci

C

Pc

C

C

C

• Tires, wholesale and/or installation.

C Pc

Pc

Commercial Uses Other Sales and Service: •

Bicycle sales, rental, or repair.

P

P

P

P

• Boat accessories, sales with no installation.

P

P

P

P

• Boat sales, up to 28 ft. hull length.

Pc

Pc

Pc

• Boat repair and/or service, up to 28 ft. hull length. (All work shall be conducted within a building)

C

C

C

C

Vehicle Repair, Service: (All work shall be conducted within a building)

Council Meeting of 7/9/2013 Page 209

Item 08

Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses • Light repair and/or service of vehicles not exceeding 3 tons gross vehicle weight unladen. (Work shall not include engine valves repair or replacement, engine overhaul or replacement, transmission repair or replacement, radiator repair or replacement, muffler repair or replacement, body and fender work, detailing, painting or upholstery)

C

• Heavy repair and/or service of vehicles not exceeding 3 tons gross vehicle weight unladen.

C

Ci(15 )

C

• Repair and/or service of vehicles exceeding 3 tons gross vehicle weight unladen or trailers over 2 ton capacity. • Repair and/or service of motorcycles only in conjunction with sales of new and used motorcycles.

Industrial Zones CM MR ML MH

C

Pc

C

Pc

C

C

C

C

C

C C

C C

C C

C

C

C

C

C

C

C

C

P

P

P

P

P

P

Pc Pc

Pc

Pc Pc

Pc

Pc

Pc

Vehicle Service: •

Mechanical carwash. (6)

•

Automobile service station. (7)

• Quick tune-up / oil change / lube shop.

Printing Services: • Instant printing, copying, addressographing, mimeographing, photostating, blueprinting. •

Photoengraving, offset printing.

•

Printing.

• Photo film drop-off / pick-up kiosk.

P

P

P

Commercial Uses • Retail photo film and print processing. • plant.

Photo film and print processing

P

P

P Pc

Council Meeting of 7/9/2013 Page 210

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Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses • Custom furniture upholstery and reupholstery.

P

P

•

Picture framing and glazing.

Industrial Zones CM MR ML MH P

P

P

P

P

• Watch repair, camera repair, radio, stereo, television, personal computers, other small appliance repair.

P

P

P

P

•

P

P

P

P

Locksmith.

• Repair of lawnmowers, larger electrical appliances, precision instruments, nonpneumatic tools, (all work to be indoors).

Pc

Pc

•

Repair of pneumatic tools.

C

C

• Rental of light equipment (up to single unit trucks).

C

Pc

• Rental of heavy equipment (semi-tractors, cranes, etc.).

C

C

• Small animal grooming (no boarding). •

Small animal hospital.

•

Veterinary clinic.

•

Kennel.

•

Taxidermy.

•

Mortuary.

P

P

P

C

C C

Pc Pc

I

C

Pc Pc C P

P C

Industrial Uses Research, Development and Testing: • Research and development institution or laboratory (no manufacturing), testing laboratory.

C

C

C

C

Pc

Pc

Storage: • Mini-storage space rental for public self-storage.

Pc

Pc

• Outdoor storage space rental for boats and vehicles

C

C

C

• Off-site inventory storage for auto dealerships.

C

C

C

Council Meeting of 7/9/2013 Page 211

Item 08

Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses

Industrial Zones CM MR ML MH

Industrial Uses • Above-grade fuel tank storage with 500 gallon and greater capacity. (8)

Ci

Ci

Ci

Ci

Ci

Ci

CI

• Below-grade fuel tanks and above-grade fuel tanks with less than 500 gallon capacity. (8)

P

P

P

P

P

P

P

Pc

Pc

• Transit or transportation equipment storage (no truck or railroad freight yard). • Freight yard or terminal truck, railroad.

C

• Warehouse, distribution center, storage building.

Pc

Pc

Pc

I

I

I

Pc Pc

Pc Pc C Pc

Pc

C

C

Pc Pc

Pc C

Pc C

Pc

Pc

Pc

• Laundry, cleaning and dyeing plant, carpet cleaning and dyeing, textile dyeing.

C

C

• Fabrication from finished rubber, plastics.

C

Pc

• Outdoor storage, other than a contractor’s storage facility. (9) •

Cold storage.

•

Frozen food locker.

•

Ice plant.

•

Lumberyard.

I

I C

Pc

• Contractor’s storage facility, with main building.

Pc Pc

Wholesale: •

Wholesale business.

•

Wholesale with retail outlet.

Industrial Processes: • Cabinet shop, machine shop (no punch presses over 20-tons), sheet metal shop, tinsmith, welding shop.

Council Meeting of 7/9/2013 Page 212

Item 08

Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses

Industrial Zones CM MR ML MH

Industrial Uses • Fabrication from shell, cellophane, cork, fiber, fur, glass, finished leather, gems, textiles, tobacco, wood. • Packaging or assembly of products from previously manufactured components (no outdoor storage of bulk materials, final product not over 50 pounds).

Pc

Pc

Pc

Pc

Pc

Pc

P

P

P

P

P

C

C

C

C C

C

C

• Manufacturing, compounding, assembly, packaging, or treatment of merchandise made from the following previously prepared materials:

canvas, cloth, textiles, yarn, cork, leather, plastics, cellophane, synthetics, precious or semi-precious metal (excluding metal stamping), stone (excluding grinding, cutting or dressing, granite, etc), wood (excluding prefabrication of building components, cabinet shops, furniture manufacturing, lumberyard, planing mill). • Assembly of electrical appliances, electronic instruments or devices, precision instruments, radios, computer components, phonographs, television sets (may include manufacturing of small parts only). • Smelting of precious or semiprecious metal. •

Drop forge, foundry.

•

Paint mixing.

• Grinding, cutting or dressing of stone, marble or granite, etc.

P

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Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses

Industrial Zones CM MR ML MH

Industrial Uses • Metal fabricating (no foundry), metal plating, metal finishing. •

Pc

Metal engraving.

Pc

Pc

C

C Pc

Manufacturing of: •

Acid.

•

Soap (cold mix only).

• Cosmetic goods, toiletries, or drugs.

Pc

Pc

Pc

•

C

C

C

Ceramics.

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Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses

Industrial Zones CM MR ML MH

Industrial Uses • Ceramic products using only previously pulverized clay and fired in kilns using only electricity or gas. •

C

C

Aircraft (no foundry).

Pc Pc

• Boats, less than 28 ft. hull length.

C

C

28 ft.

C

C

• Furniture, garden patio furniture and equipment.

C

Pc

Pc Pc

Pc Pc

Pc

Pc

P

P

•

C

Hull length greater than

•

Garments, gloves, shoes.

•

Signs.

• Electrical appliances, instrumental or equipment. •

Jewelry, watches.

P

Food Manufacturing or Processing: • Manufacturing, processing, canning or packing of meat, fish, dog or cat food, lard, pickles, sauerkraut, vinegar, coffee, dressing, or poultry. •

Winery.

•

Brewery.

C C

C Pc

C

Pc

Pc

Pc

Pc

Pc

Pc

Pc

• Candy manufacturing, nut processing.

C

C

•

Dairy products manufacturing.

C

Pc

•

Bottling.

Pc

Pc

T

T

• Processing, canning or packing fruits or vegetables. •

Bakery.

• Candy or nut packing (no roasting).

Temporary Uses • Temporary uses, as provided in Title 19, Division 10.

T

T

T

T

T

T

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Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses • (10)

On-site construction facilities.

• (11)

On-site real estate sales office.

Industrial Zones CM MR ML MH

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Notes: 1 Bingo games shall be permitted as an accessory use only when authorized under Chapter 5.16 et. seq. and only when fire and safety regulations are met and parking facilities are fully conforming to the requirements for public assembly use. 2 In an integrated center within the CS zone, a conditional use permit is required to establish an administrative or professional business office use in excess of 5,000 square feet gross floor area or to establish any office use which will cause the center’s gross floor area devoted to offices to exceed 20%. 3 Special limitations apply for retail dry cleaning. See Section 19.552.020. 4 Special requirements apply for game machine arcades. See Section 19.552.040. 5 Special requirements apply for restaurants with on-sale liquor. See Section 19.552.030. 6 Special requirements apply for carwashes. See Section 19.552.060. 7 Special requirements apply for automobile service stations. See Section 19.552.050. 8 Above-grade fuel tanks subject to applicable setbacks and screening from public view. 9 Special requirements apply for outdoor storage. See Section 19.524.020. 10 Offices, storage, activities, and facilities directly pertaining to construction on the same site provided construction is not suspended for a permitted use for more than 30 consecutive days. 11 Temporary real estate sales office, only for sales or leasing of new subdivision and for not more than one year. 12 Special requirements apply for hotels, motels, and motor hotels. See Sections 19.104.080 and 19.552.110. 13 See Division 12 of Zoning Ordinance. 14 In the CR zone, drive-in and drive-through service for any commercial use may be considered only within the Master Plan Area North, pursuant to the provisions and requirements of Chapter 19.556. Within the Master Plan Area South, a walk-up window for a commercial use may be considered only within an approved Entertainment Promenade pursuant to the provisions and requirements of Chapter 19.556. 15 In the CR zone, use may be considered only within the Master Plan Area South. See Chapter 19.556. 16 In the CR zone, use may be considered only within the Master Plan Area North. See Chapter 19.556. 17 In the CR zone, use may be permitted within multi-tenant buildings only. 18 Special requirements apply for indoor swap meets. See Section 19.552.111. 19 Special requirements apply for Emergency Shelters. See Section 19.552.112.

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B. Those uses listed as accessory uses in the uses permitted table are subject to the definition of accessory use in Section 19.104.080 as well as the meanings of the indicated symbols in the table.

(Ord. 1498 § 3, 2007; Ord. 1478 § 4, 2005; Ord. 1437 § 3, 2002; Ord. 1405 § 6, 2000; Ord. 1382 § 10, 1998; Ord. 1348 § 11, 1997; Ord. 1344 § 4, 1997; Ord. 1340 § 4, 1996)

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19.552.120

Emergency Shelters

A. The maximum number of beds/persons permitted to be served nightly shall be based on the individual capacity of the building and overall facility and shall not be less than fifty (50) square feet per person served. Shelter are limited to thirty (30) occupants per site as a principal permitted use, consistent with Cal. Gov’t Code § 65583(4)(A). Emergency shelters with more than thirty (30) occupants per site are permitted subject to the approval of a Conditional Use Permit. B. Maximum stay at the facility shall not exceed one hundred eighty (180) days in a three hundred sixty-five (365) day period. C. Facility location shall be within a half (1/2) mile radius from an OCTA bus stop, as measured from the property line. D. A minimum distance of three hundred (300) feet shall be maintained from any other emergency shelter, any residentially zoned property and any public or private school, as measured from the property line. Shelters at existing churches are exempt from minimum distance requirements from residentially zoned properties and schools. E. A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is in operation. F. A minimum of one (1) parking stall for every four (4) beds or half (½) parking space for each bedroom designated for family units with children, plus one (1) parking stall for each employee/volunteer on duty, shall be maintained. G.

Bike rack parking shall also be provided by the facility.

H. Exterior lighting shall be provided for the entire outdoor area of the site consistent with the provisions of Section 19.536.070 (G). I. On-site client waiting and intake areas shall be located internally in the building where feasible. If not feasible, a waiting area shall be provided which contains a minimum of ten (10) square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right-of-way, shall be visually separated from public view by minimum six (6) foot tall visually screening mature landscaping or a minimum six (6) foot tall decorative masonry wall, and shall provide consideration for shade/rain provisions. J. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by minimum six (6) foot tall visually screening mature landscaping or a minimum six (6) foot tall decorative masonry wall. K.

Facility improvements shall additionally provide: 1.

A minimum of one (1) toilet for every eight (8) beds per gender;

2.

A minimum of one (1) shower for every eight (8) beds per gender; and

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3. Private shower and toilet facility for each area designated for use by individual families. L. An operational plan shall be provided for the review and approval of the Community Development Director. Plans may be required to address additional specific needs as identified by the Director. The approved operational plan shall remain active throughout the life of the facility and updated as necessary. At a minimum, the plan shall contain provisions addressing the topical areas outlined below: 1. Security and safety - addressing both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility; 2. Loitering control - with specific measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site; 3. Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize disruption to nearby land uses; 4. Staff training - with objectives to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income; 5. Communication and outreach with objectives to maintain good communication and response to operational issues which may arise from the neighborhood, city staff, or the general public; 6. Screening of clients for admittance eligibility - with objectives to provide first service to Buena Park residents; 7. Counseling programs to be provided with referrals to outside assistance agencies, and provide an annual report on this activity to the city; and 8. Litter control - with an objective to provide for the timely removal of litter attributable to clients within the vicinity of the facility. M. The facility may provide the following services in a designated area separate from sleeping areas: 1.

A recreation area either inside or outside the shelter;

2. A counseling center for job placement, educational, health care, legal, or mental health services; 3.

Laundry facilities to serve the number of clients at the shelter

4.

Kitchen for the preparation of meals;

5.

Dining hall;

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6. Client storage area (i.e. for the overnight storage of bicycles and personal items); or 7.

Similar services geared to homeless clients.

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ORDINANCE NO. _____ TEXT AMENDMENT NO. C13-001

AN ORDINANCE OF THE CITY OF BUENA PARK ADOPTING TEXT AMENDMENT NO. C13-001 AMENDING SECTION 19.308.030 AND TABLE 19.312.010, AND ADDING SECTION 19.348.070 TO DIVISION 3, AMENDING SECTION 19.408.030 AND TABLE 19.412.010, AND ADDING SECTION 19.448.070 TO DIVISION 4, AND AMENDING TABLE 19.512.010 AND ADDING SECTION 19.552.120 TO DIVISION 5 OF TITLE 19 OF THE BUENA PARK MUNICIPAL CODE PERTAINING TO EMERGENCY SHELTERS, TRANSITIONAL AND SUPPORTIVE HOUSING, AND AFFORDABLE HOUSING INCENTIVES AS REQUIRED BY STATE MANDATES

A.

Recitals.

(i) On June 12, 2013, following a duly noticed public hearing as required by law the Planning Commission of the City of Buena Park adopted Resolution No. 5873 thereby recommending that the City Council adopt Text Amendment No. C13-001 amending Section 19.308.030 and Table 19.312.010, and adding Section 19.348.070 to Division 3, amending Section 19.408.030 and Table 19.412.010, and adding Section 19.448.070 to Division 4, and amending Table 19.512.010 and adding Section 19.552.120 to Division 5 of Title 19 of the Buena Park Municipal Code pertaining to Emergency Shelters, Transitional and Supportive Housing, and Affordable Housing Incentives as required by State mandates. (ii) On July 9, 2013, the City Council conducted and concluded a duly noticed public hearing, to consider Text Amendment No. C13-001. (iii) The City Council has reviewed and considered all elements of the proposed Text Amendment together with information contained in Planning Commission Resolution No. 5873, including all findings made by the Planning Commission, and the testimony and other evidence received at said public hearing. (iv)

B.

All legal prerequisites to the adoption of this Ordinance have occurred.

Ordinance.

NOW, THEREFORE, the Buena Park City Council hereby finds and ordains as follows: Section 1. true and correct.

The facts set forth in the Recitals, Part A, of this Ordinance are

Section 2. The City Council has determined that this project is exempt from the provisions of the California Environmental Quality Act, pursuant to § 15061 (b)(3) of the CEQA Guidelines.

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Ordinance No. ______ Page 2

Section 3. This Council finds that Text Amendment No. C13-001 is consistent with the goals of the City’s General Plan. The proposed amendment will amend Section 19.308.030 and Table 19.312.010, and add Section 19.348.070 to Division 3, amend Section 19.408.030 and Table 19.412.010, and add Section 19.448.070 to Division 4, and amend Table 19.512.010 and add Section 19.552.120 to Division 5 of Title 19 of the Buena Park Municipal Code pertaining to Emergency Shelters, Transitional and Supportive Housing and Affordable Housing Incentives as required by State mandates as shown on Exhibit “A”. Section 4.

Penalty for Violation.

It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance. Any person, firm, partnership or corporation violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided in this Ordinance. Section 5.

Civil Remedies Available.

The violation of any of the provisions of this Ordinance shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. Section 6.

Severability.

The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Section 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published and posted in a manner prescribed by law.

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Ordinance No. ______ Page 3

PASSED AND ADOPTED this 9th day of July, 2013, by the following called vote:

AYES:

COUNCILMEMBERS:

NOES:

COUNCILMEMBERS:

ABSENT:

COUNCILMEMBERS:

ABSTAIN:

COUNCILMEMBERS:

_____________________________ Mayor

ATTEST:

City Clerk

I, Shalice Tilton, City Clerk of the City of Buena Park, do hereby certify that the foregoing Ordinance was introduced and passed at a regular meeting of the City Council of the City of Buena Park on the 9th day of July, 2013, by the following vote:

_____________________________ City Clerk

ORDC13001

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EXHIBIT “A”

Text Amendment No. C13-001

Request to consider a recommendation to the City Council to amend Section 19.308.030 and Table 19.312.010, and add Section 19.348.070 to Division 3, amend Section 19.408.030 and Table 19.412.010, and add Section 19.448.070 to Division 4, and amend Table 19.512.010 and add Section 19.552.120 to Division 5 of Title 19 of the Buena Park Municipal Code regarding State mandate to comply with the goals and policies of the City’s Housing Element pertaining to Emergency Shelters, Transitional and Supportive Housing and Affordable Housing Incentives.

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19.308.030

Affordable Housing Bonus.

A. When affordable housing is included within a residential development in a residential zone, the dwelling unit density shall not exceed a density determined by increasing the density otherwise allowed by the same percentage as the percentage of affordable housing units in the development. For elderly housing, the maximum such bonus is one hundred percent. For other housing, the maximum such bonus is twenty-five percent. The terms "affordable housing" and "elderly housing" shall have the meanings set forth in California Government Code Section 65915. B. An affordable housing bonus shall not be effective until approval of a site plan for the residential development under the site plan review procedure set forth in Section 19.128.040, and such site plan shall show the number of dwelling units authorized. It shall be a condition of such site plan approval that the number of affordable housing units upon which the affordable housing density bonus is based shall remain in the affordable price range for a period of at least fifteen years. In the case of a bonus of more than twenty-five percent for elderly housing, it also shall be a condition of the site plan approval that the number of affordable elderly units upon which the affordable housing bonus in excess of twenty-five percent is based, shall remain available to elderly households, as such households are currently defined for purposes of the City's housing assistance plan, for a period of at least fifteen years.

19.308.030

Affordable Housing Bonus

A. Purpose of Affordable Housing Incentives. State Density Bonus Law (Government Code Section 65915), provides that local governments shall grant density bonus and regulatory concessions and incentives to developers of housing, child care facilities, or for donation of land for housing, where the developer agrees to construct a specified percentage of housing for lower income households, very low income households, moderate income households or qualifying residents B.

Definitions. For the purpose of this chapter, the following definitions shall apply: “Affordable housing agreement” means an agreement between the applicant and the city guaranteeing the affordability of rental or ownership units in accordance with the provisions of this chapter. “Affordable housing costs” means the amounts set forth in the Health and Safety Code Sections 50052.5 and 50053, as may be amended. “Approving body” means the Planning Commission or City Council, approving the housing development of which the density bonus request is a part. Where there is an appeal, the “Approving Body” shall mean the City Council. “Childcare facility” means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers. “Civil Code; Government Code; Health and Safety Code.” references are to the California Codes, unless otherwise noted.

All code section

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“Common interest development” means a condominium project as defined by Section 1351(f) of the Civil Code, or a planned development as defined by Section 1351(k) of the Civil Code, as may be amended. “Concession(s)” or “incentive(s)” means: 1. A modification in site development, zoning code requirements or architectural design criteria that exceeds the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, reduction in setback, square footage, and parking requirements that result in identifiable, financially feasible, and actual cost reductions. 2. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially feasible and actual cost reductions. The terms "Concessions” or “Incentives" do not limit or require the provision of direct financial incentives for the Housing development, including the provision of publiclyowned land, by the City, or the waiver/reduction of fees or dedication requirements. A housing development proposal that provides affordable units must show that the requested concessions and incentives directly affect the economic feasibility of including the affordable units in the housing development and will result in identifiable, financially feasible and actual cost reductions for the housing development. “Density bonus for housing projects that are common interest developments in which at least ten percent of the total dwelling units are reserved for persons and families of moderate income” means a density increase of at least five percent, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the General Plan as of the date of application. “Density bonus for housing projects that have the requisite percentage of housing reserved for lower income households, very low income households or senior citizen housing developments” means a density increase of at least twenty percent, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the General Plan as of the date of application. “Development standard” includes site or construction conditions that apply to a residential development pursuant to any ordinance, General Plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. “Housing development” means one or more groups of projects for residential units with a minimum of five residential units, including a common interest development. “Housing development” also includes either (1) a project to substantially rehabilitate and convert an existing commercial building to residential use, or (2) substantial

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rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of the Government Code Section 65863.4, as may be amended, where the result of the rehabilitation would be a net increase in available residential units. “Lower income households” means households defined in Section 50079.5 of the Health and Safety Code, as may be amended. “Maximum allowable residential density” means the density allowed under the zoning ordinance. “Persons and families of moderate income” means persons and families defined in Section 50093 of the Health and Safety Code, as may be amended. “Senior citizen housing development” means a project as defined by Sections 51.3 and 51.12 of the Civil Code, as may be amended. “Very low income households” means households defined in Section 50105 of the Health and Safety Code, as may be amended. C.

Density Bonus Requirements, Calculations and Location. 1. Density Bonus Development Requirements. Upon written request by an applicant, the approving body for a housing development shall grant a density bonus and incentives or concessions as provided in this chapter when the applicant for the housing development agrees or proposes to construct at least one of the following: a. Lower Income Households. Ten percent of the total units of a housing development for lower income households. b. Very Low Income Households. Five percent of the total units of a housing development for very low income households. c. Senior Housing. A senior citizen housing development. d. Common Interest Development or Moderate Income Households. Ten percent of the total dwelling units in a common interest development for persons and families of moderate income. 2. Additional Density Bonus. If an applicant exceeds the percentages set forth in Table IV - A, the applicant shall be entitled to an additional density bonus calculated as follows: a. For each one percent increase above the ten percent of the percentage of units affordable to lower income households, the density bonus shall be increased by one and one-half percent up to a maximum of thirty-five percent. b. For each one percent increase above the five percent of the percentage of units affordable to very low income households, the density bonus shall be increased by two and one-half percent up to a maximum of thirty-five percent. c. For each one percent increase above the ten percent of the percentage of units affordable to moderate income households, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent.

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3.

Density Calculation. a. Density calculations resulting in fractional units shall be rounded up to the next whole number. The density bonus shall not be included when determining the number of housing units which is equal to the five percent or ten percent of the total. b. For the purpose of calculating a density bonus, the residential units need not be based upon individual subdivision maps or parcels. Table III – A Calculating Density Bonuses

Affordable Units or Category Minimum % Units in Category

Bonus Granted

Additional Bonus for Each 1% Increase in Affordable Units in Category

% Units in Category Required for Maximum 35% Bonus

Very low income

5

20%

2.5%

11

Lower income

10

20%

1.5%

20%

Moderate income (ownership only)

10

5

1

40%

Senior citizen housing development (No affordable units required)

Entire development

20%

No sliding scale — provided

Land donation for very-low income housing

10% of market rate units

15%

1

30%

Condominium conversion— Moderate income

33%

25%

—

—

Condominium conversion— Lower income

15%

25%

—

—

Child care facility

—

Sq. ft. in day — — care center A density bonus may be selected from only one category, except that density bonuses for land donation may be combined with others, up to a maximum of thirty-five (35) percent, and an additional square foot bonus may be granted for a child care facility. 4. Total Density Bonus Limit. Nothing in this chapter shall prohibit the City from granting a density bonus greater than as described in Table III - A for a housing development that meets the requirements of this chapter or from granting a proportionately lower density bonus than as required by this chapter for a housing development that does not meet the requirements of this chapter. Thirty-five (35) percent represents the maximum density bonus the City is required to provide, not the maximum amount an applicant may obtain. An applicant may negotiate with the City to obtain a density bonus for a housing development higher than the maximum

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amount set forth in Table 1 in exchange for including even more affordable units than are provided in Table 1 and/or the provision of other amenities or considerations. 5. Location of Density Bonus Units. The density bonus units shall be permitted within areas of the housing development other than areas where the units for the lower income households are located. 6. Design Requirements. Affordable units developed in conjunction with a market rate development shall be of similar design and quality as the market rate units. Exteriors and floor plans of affordable units shall be similar to the market rate units; interior finishes need not be the same. 7. Location Distribution Requirements for Affordable Units. Affordable units shall be dispersed throughout the housing development rather than clustered in a single area or a few areas. Location of the affordable units within a housing development shall be approved as part of the entitlement granted by the approving body. 8. Other Requirements. The granting of a density bonus shall not require a general plan amendment, zoning change, or other discretionary approval, and shall be processed in conjunction with the housing development application. D.

Concessions, Incentives and Standards. 1. Evidence for Concession and Incentives. An applicant may submit to the Community Development Department a proposal for specific incentives or concessions. If a meeting is requested, the Community Development Director, or designee, shall meet with the applicant within fifteen working days to discuss the proposal. When the approving body grants a density bonus, the approving body shall grant the concessions or incentives requested by the applicant unless it makes a written finding, based upon substantial evidence of the following conditions: a. The concession or incentive is not required in order to provide for affordable housing ; or b. The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), as may be amended, upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or c. The concession or incentive would have a specific adverse impact on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. 2. Number of Incentives/Concessions. The applicant shall be entitled to receive the following number of incentives or concessions in Table IV - A:

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Table IV – A Density Bonus Concessions and Incentives

Household Income of Units Very Low Income

Lower Income

Moderate Income Units in Condominium or Planned Development Units

Percent of Units 5% 10% 15% 10% 20% 30% 10% 20% 30%

Concessions and Incentives 1 2 3 1 2 3 1 2 3

3. Financial Incentives. This section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, or the waiver/reduction of fees or dedication requirements. 4. Development Standards and Density Bonus Compatibility. The city shall not apply any development standard that will have the effect of precluding the construction of a development meeting the criteria of this section at the densities or with the concessions or incentives permitted by this chapter. 5. Waiver of Development Standards. An applicant may submit a proposal to the Community Development Department in accordance with subsection A of this section for the waiver or reduction of development standards, including, but not limited to, minimum lot size, side yard setbacks, and placement of Public Works improvements. If a meeting is requested, the Community Development Director, or designee, shall meet with the applicant within fifteen working days from the date of receipt of the request. The waiver or reduction of development standards must comply with the following conditions and requirements: a. Nothing in this section shall require the city to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), as may be amended, upon the health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. b. Nothing shall require the city to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. c. The applicant shall show by substantial evidence that the proposed waiver or modification is necessary to make the housing units economically feasible. d. Any discretionary action for modification or waiver shall be processed in conjunction with the housing development application, and shall be held before the Zoning Administrator, if required.

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6. Maximum Parking Requirements for Density Bonus Units. Upon request of the applicant, the following maximum parking standards shall apply, inclusive of handicapped and guest parking, to the entire housing development subject to this chapter: a. One on-site parking space for up to one bedroom. b. Two on-site parking spaces for up to three bedrooms. c. Two and one-half on-site parking spaces for more than three bedrooms. 7. Parking Calculations. All parking calculations for the development resulting in a fraction shall be rounded up to the next whole number. 8. Allowed Parking Types. Required parking may be provided by tandem parking or uncovered parking, but not by on-street parking. 9. Request for Parking Incentives or Concessions. Additional parking incentives or concessions beyond those provided in this section may be requested, subject to subsection A of this section. 10. Other Requirements. The granting of an incentive or concession shall not require a general plan amendment, zoning change, or other discretionary approval, and shall be processed in conjunction the housing development application. E.

Donation of Land. 1. Density Bonus with Land Donation. When an applicant for a tentative subdivision map, parcel map, or other residential development donates land to the city that meets the requirements of this section, the applicant shall be entitled to a fifteen percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire development. 2. Requirements for Donated Land. a. The developable acreage and zoning classification of the land must be sufficient to permit construction of units in an amount not less than ten percent of the number of residential units of the proposed development; and b. The units developed on donated land shall be affordable to very low income households. 3. Additional Density Bonus. For each one percent increase above the minimum ten percent land donation, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent if the following conditions are met: a. The land is donated and transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application to the city or to a housing developer approved by the city and by this time the transferred land shall have all permits and approvals, other than building permits, necessary for the development of the very low income housing, with the exception of any design review that would be allowed pursuant to Government Code Section 65583.2(i), as may be amended, if the design has not been reviewed prior to the time of transfer. b. The zoning classification and general plan designation of the land being transferred is appropriate for affordable housing and the land is or will be served by adequate public facilities and infrastructure.

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c. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty units. d. There must be appropriate zoning and development standards to make the development of the affordable units feasible. e. The transferred land is within the boundary of the proposed development. The applicant may submit a written request to the approving authority to allow the transferred land to be located within onequarter of a mile of the boundary of the proposed development. F.

Condominium Conversions. 1. Incentives for Condominium Conversion. When an applicant for conversion of apartments to condominiums agrees to provide at least thirty-three percent of the total units of the proposed condominium to persons and families of low or moderate income or fifteen percent of the total units of the proposed condominium to lower income households, and agrees to pay administrative costs incurred by the city pursuant to this section, the approving body shall either (1) grant a density bonus, or (2) provide other incentives of equivalent financial value. The approving body may place reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as appropriate, including, but not limited to, continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households. For this section, the following definitions apply: a. “Density Bonus” means an increase in units of twenty-five percent over the number of apartments to be provided within the existing structure or structures proposed for conversion. b. “Other Incentives of Equivalent Financial Value” shall not require the city to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval. 2. Proposal for Subdivision Map Approvals. An applicant for approval to convert apartments to condominiums may submit a preliminary proposal to the Community Development Department prior to the submittal of any formal requests for subdivision map approvals. The city shall, within ninety days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. 3. Ineligibility. An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided. 4. Other Requirements. Nothing shall require the city to approve a proposal to convert apartments to condominiums.

G.

Provision of Child Care Facilities. 1. Density Bonus. When an applicant proposes to construct a housing development that conforms to the requirements of this chapter and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the city shall grant either of the following, except as specifically stated elsewhere:

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a. An additional density bonus for an amount of square feet of residential space equal to or greater than the amount of square feet in the child care facility; or b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. 2. Conditions. The city shall require that as a condition of approving the housing development: a. The child care facility shall remain in operation as long as or longer than the period of time the density bonus units are required to remain affordable. b. The children who attend the child care facility, the children of very low income households, lower income households, or children of families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income. 3. Limitation. Notwithstanding any requirement of this subdivision, the city reserves the right to deny a requested density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities. H.

Continued Affordability. 1. Affordability Requirement. An applicant shall agree to, and the city shall ensure, continued affordable housing costs of all density bonus units for thirty years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. a. Rental units for lower income households shall maintain a rent that does not exceed thirty percent of seventy percent of area median income. b. Rental units for very low income households shall maintain a rent that does not exceed thirty percent of fifty percent of area median income. c. Ownership units shall be available only to households whose income does not exceed the limits for moderate income households for the duration of the affordable housing agreement. 2. Occupant Income Restrictions. An applicant shall agree to confirm, and the city shall ensure, that initial occupants of moderate-income units directly related to the receipt of the density bonus in a common interest development are persons and families of moderate income. Additionally, the following criteria apply: a. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The city shall recapture its proportionate share of appreciation which shall be used as required by Government Code Section 65915, as may be amended. The city’s share shall be equal to the percentage by which the initial sales price of the moderate-income unit was less than the fair market value of the home at that time. b. If there is any direct financial contribution from the city through participation in the cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the city may limit the sale price of

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the unit upon resale in accordance with the terms and conditions of that direct financial contribution. 3. Affordable Housing Agreement. Affordability shall be ensured by requiring that the applicant enter into an affordable housing agreement in accordance with this chapter, as approved by the City Attorney, and recorded by the County Recorder. 4. Land Transfer Requirements. These requirements shall apply to land transferred pursuant to this chapter and to any very low income units built on such land, and the thirty-year affordability period shall commence from the Certificate of Occupancy date. I.

Application Requirements. 1. Conditional Use Permit for Projects Receiving Affordable Housing Incentives. A conditional use permit is required for projects pursuant to Density Bonus Law (Government Code Sections 65915 et seq.). The permit shall be approved prior to the effective date of such agreement. 2. Information and Plan Submittal. Development proposal plans submitted shall contain the following: a. Location of dwelling units within the project intended for affordable housing; b. Total number of rental dwelling units and for-sale dwelling units within the project; c. Proposed rent schedules and/or sale prices. d. A development pro-forma with the capital costs, operation expense, return on investment, loan-to-value ratio and the debt coverage ratio including the contribution(s) provided by any applicable subsidy program(s), and the economic effects created by the minimum thirty (30) year use and income restriction on the affordable units. e. An appraisal report indicating the value of the density bonus and of the incentive(s)/concession(s). f. A use of funds statement identifying the financing gaps for the housing development with the affordable housing units. The analysis shall show how the funding gap relates to the density bonus and to the incentive(s)/concession(s). g. Any other information requested by the Director of Community Development.

J. Appeal Process. Any appeal relating to density bonuses, incentives, concessions, or waivers/modifications of development standards shall comply with Buena Park Municipal Code requirements.

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Chapter 19.312 Uses 19.312.010 Uses Permitted.

A. Land, buildings, and other facilities shall be designed, developed, and used only for those activities indicated for the various zones by Table 19.312.010, entitled Uses Permitted. The symbols shown in this table have the following meanings:

Symbol P

Meaning Automatically permitted use.

I

Incidental use—use permitted only if incidental to another primary use on the same site. If incidental to a use authorized by conditional use permit, such incidental use is permitted only if included within the terms of the conditional use permit.

C

Conditional use—use eligible for consideration under the conditional use procedure (Section 19.128.020) and permitted only if a conditional use permit is approved, subject to the specific conditions of such permit.

Ci

Incidental conditional use—use eligible for consideration under the conditional use procedure only if incidental to another primary use of the site, whether such primary use is automatically permitted or permitted by conditional use permit.

IC

Incidental or conditional use—automatically permitted as an incidental use, when the primary use is automatically permitted, or eligible for consideration as a primary use under the conditional use procedure.

T

Temporary use—permitted if approved in accordance with Title 19, Division 10.

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Table 19.312.010 USES PERMITTED—SINGLE FAMILY RESIDENTIAL ZONES Residential Zones Uses Residential Uses Single-Family Dwellings: • • • • •

Site-built. Manufactured. Second dwelling units. (1) Single Family Cluster. (15) Transitional / Supportive Housing

PD (14)

RS-16

RS-10

RS-8

RS-6

P P C

P P C

P P C

C

P

P

P

P P C C P

P C

P C

P C

P C

P

C P P

C P P

C P P

C P P

C P P

P

P

P

P

P

(note 4)

(note 4)

(note 4)

(note 4)

(note 4)

C C

Community Residential Care: • Small group care home. • Other community residential care facility. Residential Accessory Uses: • • • • •

• • • •

Guesthouse. Home occupation. (2) Animal keeping. (3) Swimming pool, therapeutic pool, recreational structure. Clubhouse, meeting room, game room, gymnasium, sauna, health center (private use only) Parking, within garage. Parking, under carport. Parking, uncovered. Yard sale. (6)

P

P

P

P

P

(note 5)

(note 5)

(note 5)

(note5)

(note5)

(note 5)

(note 5)

(note 5)

(note 5)

(note 5)

P

P

P

P

P

I

I

I

I

I

I

I Ci Ci

I

I Ci Ci

I Ci Ci

Public Service Uses Community Day Care: • Small group child day care home (1-14 children). (17) • Small group adult day care home (1-6 adults). • Child day care center. (7) • Adult day care center. (7) Public Assembly: (See also Recreation) • Church. (8), (9) • Emergency Shelter (18)

C I

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Table 19.312.010 USES PERMITTED—SINGLE FAMILY RESIDENTIAL ZONES Residential Zones Uses Education: • Educational institution. (9)

RS-16

RS-10

RS-8

RS-6

C

C

C

PD (14)

Table 19.312.010 USES PERMITTED—SINGLE FAMILY RESIDENTIAL ZONES Uses Recreation : (see also Division 5, Commercial Uses - Commercial Recreation) • Public park, public playground, public recreational area, public landscaped open space, public-owned historical site or feature. • Community recreation center.

RS-16

Residential Zones RS-10 RS-8 RS-6

P

P

PD (14)

P

P

P

C C

Utilities and Communications (16): • Aviation navigational aids. • Public utility facilities or structures, including electrical substations and cellular telephone facilities. Transportation: • Parking lot. Agricultural Uses • Horticultural production, plant nursery (no sales), keeping of livestock. (10) • Horticultural production, plant nursery (with sales). (11) Temporary Uses • On-site construction facilities. (12) • On-site real estate sales office. (13)

C

C

C

C

C

C

C

C

C

C

C

P C

P P

P P

P P

P P

P P

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Notes: 1 Special requirements apply for second dwelling units. See Section 19.348.010. 2 Special requirements apply for home occupations. See Section 19.348.030. 3 Special requirements apply for animal keeping. See Section 19.348.050. 4 Permitted as an incidental use for a single family cluster housing development. See Section 19.348.020. 5 In the RS zones, carports and uncovered parking are permitted for parking spaces which are in addition to the required garage spaces. 6 Special requirements apply for yard sales. See Section 19.348.040. 7 Permitted with a conditional use permit as an incidental use provided that sufficient parking and circulation can be provided on the property and the hours of operation for the incidental use will not conflict with the primary use. 8 In all residential zones in which churches are permitted, such churches shall be located on and oriented to a major, primary, or secondary highway as defined and designated in the Buena Park General Plan. 9 Bingo games shall be permitted as an accessory use only when authorized under Chapter 5.16 et. seq. and only when fire and safety regulations are met and parking facilities are fully conforming to the requirements for public assembly use. 10 Applies to A Overlay Zone only. See Section 19.312.040. 11 Special requirements apply for agricultural uses. See Section 19.348.060. 12 Offices, storage, activities, and facilities directly pertaining to construction for a permitted use on the same site provided construction is not suspended for more than 30 consecutive days. 13 Temporary real estate sales office, only for sales or leasing of new subdivision and for not more than one year. 14 Permitted uses and intensity of use in the PD zone shall be determined in a public hearing subject to the provisions of the General Plan for the individual area designated as Planned Development. 15 Special requrements apply for single family cluster developments. See Section 19.348.020. 16 See Division 12 of Zoning Ordinance. 17

All applicants shall comply with the State Health and Safety Code with regard to the the maximum number of children that may be supervised at any one time based on applicable standards and criteria. In no case, shall the total number of children supervised at any one time at any residence exceed 14.

18 Special requirements apply for Emergency Shelters. See Section 19.348.070.

B. Those uses listed as accessory uses in the Uses Permitted Table are subject to the definition of accessory use in Section 19.104.080 as well as the meanings of the indicated symbols in the table.

(Ord. 1443 § 4, 2003; Ord. 1344 § 4, 1997; Ord. 1315 § 11, 1994)

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19.348.070 A.

Emergency Shelters Required to be incidental to a religious assembly use.

B. The maximum number of beds/persons permitted to be served nightly shall be based on the individual capacity of the building and overall facility and shall not be less than fifty (50) square feet per person served. Shelter are limited to thirty (30) occupants per site as a principal permitted use, consistent with Cal. Gov’t Code § 65583(4)(A). C. Maximum stay at the facility shall not exceed one hundred eighty (180) days in a three hundred sixty-five (365) day period. D. Facility location shall be within a half (1/2) mile radius from an OCTA bus stop, as measured from the property line. E. A minimum distance of three hundred (300) feet shall be maintained from any other emergency shelter. F. A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is in operation. G. A minimum of one (1) parking stall for every four (4) beds or half (½) parking space for each bedroom designated for family units with children, plus one (1) parking stall for each employee/volunteer on duty, shall be maintained. H.

Bike rack parking shall also be provided by the facility.

I. Exterior lighting shall be provided for the entire outdoor area of the site consistent with the provisions of Section 19.536.070 (G). J. On-site client waiting and intake areas shall be located internally in the building where feasible. If not feasible, a waiting area shall be provided which contains a minimum of ten (10) square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right-of-way, shall be visually separated from public view by minimum six (6) foot tall visually screening mature landscaping or a minimum six (6) foot tall decorative masonry wall, and shall provide consideration for shade/rain provisions. K. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by minimum six (6) foot tall visually screening mature landscaping or a minimum six (6) foot tall decorative masonry wall. L.

Facility improvements shall additionally provide: 1.

A minimum of one (1) toilet for every eight (8) beds per gender;

2.

A minimum of one (1) shower for every eight (8) beds per gender; and

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3. Private shower and toilet facility for each area designated for use by individual families. M. An operational plan shall be provided for the review and approval of the Community Development Director. Plans may be required to address additional specific needs as identified by the Director. The approved operational plan shall remain active throughout the life of the facility and updated as necessary. At a minimum, the plan shall contain provisions addressing the topical areas outlined below: 1. Security and safety - addressing both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility; 2. Loitering control - with specific measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site; 3. Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize disruption to nearby land uses; 4. Staff training - with objectives to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income; 5. Communication and outreach with objectives to maintain good communication and response to operational issues which may arise from the neighborhood, city staff, or the general public; 6. Screening of clients for admittance eligibility - with objectives to provide first service to Buena Park residents; 7. Counseling programs to be provided with referrals to outside assistance agencies, and provide an annual report on this activity to the city; and 8. Litter control - with an objective to provide for the timely removal of litter attributable to clients within the vicinity of the facility. N. The facility may provide the following services in a designated area separate from sleeping areas: 1.

A recreation area either inside or outside the shelter;

2. A counseling center for job placement, educational, health care, legal, or mental health services; 3.

Laundry facilities to serve the number of clients at the shelter

4.

Kitchen for the preparation of meals;

5.

Dining hall;

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6. Client storage area (i.e. for the overnight storage of bicycles and personal items); or 7.

Similar services geared to homeless clients.

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19.408.030

Affordable Housing Bonus.

A. When affordable housing is included within a residential development in a residential zone other than the RMH Zone, the dwelling unit density shall not exceed a density determined by increasing the density otherwise allowed by the same percentage as the percentage of affordable housing units in the development, with the following limitations; 1.

For elderly housing, the maximum such bonus shall be one hundred percent.

2.

For other housing, the maximum such bonus shall be twenty-five percent.

B. An affordable housing bonus shall become effective only upon completion of the following: 1. Approval of a site plan for the residential development shall be granted under the site plan review procedure set forth in Section 19.128.040. The site plan approval shall specify as a condition the number of affordable units to be made available. 2. A formal written agreement between the City and the property owner shall be recorded prior to the issuance of any permits. This agreement, in a format approved by the City Attorney, shall ensure that the number of affordable housing units upon which the affordable housing density bonus is based shall remain in the affordable price range for a period as determined within the provisions of this section. 3. The housing development shall be completed with issuance of a certificate of occupancy. C. Development Incentives for Affordable Rental Units. Development incentives pursuant to Section 19.448.010 may be authorized under a site plan review (Section 19.128.040) in exchange for a longer period of available affordable rental units under subsection E of this section. D. Definition of Terms. The terms “affordable housing” and “elderly housing” shall have the meanings set forth in Section 19.104.080 and California Government Code Section 65915. E. Period of Commitment. 1.

Elderly Housing. a. For an elderly housing development, with only the density bonus provision of subsection A.1 of this section, the minimum commitment period of available affordable rental units shall be 30 years. b. For an elderly housing development with the density bonus provision of subsection A.1 of this section and any of the development concessions of section 19.448.010, the commitment period shall be established under the site plan review application.

2.

Housing, Other than Elderly Housing. a. For a housing development, with only the density bonus provision of subsection A.2 of this section, the minimum commitment period of available affordable rental units shall be 10 years. b. For a housing development, with the density bonus provisions of subsection A.2 of this section and any one of the development concessions of

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Section 19.448.010, the minimum commitment period of available affordable rental units shall be 30 years.

19.408.030

Affordable Housing Bonus

A. Purpose of Affordable Housing Incentives. State Density Bonus Law (Government Code Section 65915), provides that local governments shall grant density bonus and regulatory concessions and incentives to developers of housing, child care facilities, or for donation of land for housing, where the developer agrees to construct a specified percentage of housing for lower income households, very low income households, moderate income households or qualifying residents B.

Definitions. For the purpose of this chapter, the following definitions shall apply: “Affordable housing agreement” means an agreement between the applicant and the city guaranteeing the affordability of rental or ownership units in accordance with the provisions of this chapter. “Affordable housing costs” means the amounts set forth in the Health and Safety Code Sections 50052.5 and 50053, as may be amended. “Approving body” means the Planning Commission or City Council, approving the housing development of which the density bonus request is a part. Where there is an appeal, the “Approving Body” shall mean the City Council. “Childcare facility” means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers. “Civil Code; Government Code; Health and Safety Code.” All code section references are to the California Codes, unless otherwise noted. “Common interest development” means a condominium project as defined by Section 1351(f) of the Civil Code, or a planned development as defined by Section 1351(k) of the Civil Code, as may be amended. “Concession(s)” or “incentive(s)” means: 1. A modification in site development, zoning code requirements or architectural design criteria that exceeds the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, reduction in setback, square footage, and parking requirements that result in identifiable, financially feasible, and actual cost reductions. 2. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially feasible and actual cost reductions. The terms "Concessions” or “Incentives" do not limit or require the provision of direct financial incentives for the Housing development, including the provision of

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publicly-owned land, by the City, or the waiver/reduction of fees or dedication requirements. A housing development proposal that provides affordable units must show that the requested concessions and incentives directly affect the economic feasibility of including the affordable units in the housing development and will result in identifiable, financially feasible and actual cost reductions for the housing development. “Density bonus for housing projects that are common interest developments in which at least ten percent of the total dwelling units are reserved for persons and families of moderate income” means a density increase of at least five percent, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the General Plan as of the date of application. “Density bonus for housing projects that have the requisite percentage of housing reserved for lower income households, very low income households or senior citizen housing developments” means a density increase of at least twenty percent, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the General Plan as of the date of application. “Development standard” includes site or construction conditions that apply to a residential development pursuant to any ordinance, General Plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. “Housing development” means one or more groups of projects for residential units with a minimum of five residential units, including a common interest development. “Housing development” also includes either (1) a project to substantially rehabilitate and convert an existing commercial building to residential use, or (2) substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of the Government Code Section 65863.4, as may be amended, where the result of the rehabilitation would be a net increase in available residential units. “Lower income households” means households defined in Section 50079.5 of the Health and Safety Code, as may be amended. “Maximum allowable residential density” means the density allowed under the zoning ordinance. “Persons and families of moderate income” means persons and families defined in Section 50093 of the Health and Safety Code, as may be amended. “Senior citizen housing development” means a project as defined by Sections 51.3 and 51.12 of the Civil Code, as may be amended. “Very low income households” means households defined in Section 50105 of the Health and Safety Code, as may be amended.

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C.

Density Bonus Requirements, Calculations and Location. 1. Density Bonus Development Requirements. Upon written request by an applicant, the approving body for a housing development shall grant a density bonus and incentives or concessions as provided in this chapter when the applicant for the housing development agrees or proposes to construct at least one of the following: a. Lower Income Households. Ten percent of the total units of a housing development for lower income households. b. Very Low Income Households. Five percent of the total units of a housing development for very low income households. c. Senior Housing. A senior citizen housing development. d. Common Interest Development or Moderate Income Households. Ten percent of the total dwelling units in a common interest development for persons and families of moderate income. 2. Additional Density Bonus. If an applicant exceeds the percentages set forth in Table IV - A, the applicant shall be entitled to an additional density bonus calculated as follows: a. For each one percent increase above the ten percent of the percentage of units affordable to lower income households, the density bonus shall be increased by one and one-half percent up to a maximum of thirty-five percent. b. For each one percent increase above the five percent of the percentage of units affordable to very low income households, the density bonus shall be increased by two and one-half percent up to a maximum of thirty-five percent. c. For each one percent increase above the ten percent of the percentage of units affordable to moderate income households, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent. 3.

Density Calculation. a. Density calculations resulting in fractional units shall be rounded up to the next whole number. The density bonus shall not be included when determining the number of housing units which is equal to the five percent or ten percent of the total. b. For the purpose of calculating a density bonus, the residential units need not be based upon individual subdivision maps or parcels. Table III – A Calculating Density Bonuses

Affordable Units or Category Minimum % Units in Category

Bonus Granted

Additional Bonus for Each 1% Increase in Affordable Units in

% Units in Category Required for Maximum 35% Bonus

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Category Very low income

5

20%

2.5%

11

Lower income

10

20%

1.5%

20%

Moderate income (ownership only)

10

5

1

40%

Senior citizen housing development (No affordable units required)

Entire development

20%

No sliding scale — provided

Land donation for very-low income housing

10% of market rate units

15%

1

30%

Condominium conversion— Moderate income

33%

25%

—

—

Condominium conversion— Lower income

15%

25%

—

—

Child care facility

—

Sq. ft. in day — — care center A density bonus may be selected from only one category, except that density bonuses for land donation may be combined with others, up to a maximum of thirty-five (35) percent, and an additional square foot bonus may be granted for a child care facility. 4. Total Density Bonus Limit. Nothing in this chapter shall prohibit the City from granting a density bonus greater than as described in Table III - A for a housing development that meets the requirements of this chapter or from granting a proportionately lower density bonus than as required by this chapter for a housing development that does not meet the requirements of this chapter. Thirty-five (35) percent represents the maximum density bonus the City is required to provide, not the maximum amount an applicant may obtain. An applicant may negotiate with the City to obtain a density bonus for a housing development higher than the maximum amount set forth in Table 1 in exchange for including even more affordable units than are provided in Table 1 and/or the provision of other amenities or considerations. 5. Location of Density Bonus Units. The density bonus units shall be permitted within areas of the housing development other than areas where the units for the lower income households are located. 6. Design Requirements. Affordable units developed in conjunction with a market rate development shall be of similar design and quality as the market rate units. Exteriors and floor plans of affordable units shall be similar to the market rate units; interior finishes need not be the same. 7. Location Distribution Requirements for Affordable Units. Affordable units shall be dispersed throughout the housing development rather than clustered in a single area or a few areas. Location of the affordable units within a housing development shall be approved as part of the entitlement granted by the approving body. 8. Other Requirements. The granting of a density bonus shall not require a general plan amendment, zoning change, or other discretionary approval, and shall be processed in conjunction with the housing development application.

D.

Concessions, Incentives and Standards.

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1. Evidence for Concessions and Incentives. An applicant may submit to the Community Development Department a proposal for specific incentives or concessions. If a meeting is requested, the Community Development Director, or designee, shall meet with the applicant within fifteen working days to discuss the proposal. When the approving body grants a density bonus, the approving body shall grant the concessions or incentives requested by the applicant unless it makes a written finding, based upon substantial evidence of the following conditions: a. The concession or incentive is not required in order to provide for affordable housing ; or b. The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), as may be amended, upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or c. The concession or incentive would have a specific adverse impact on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. 2. Number of Incentives/Concessions. The applicant shall be entitled to receive the following number of incentives or concessions in Table IV - A: Table IV – A Density Bonus Concessions and Incentives

Household Income of Units Very Low Income

Lower Income

Moderate Income Units in Condominium or Planned Development Units

Percent of Units 5% 10% 15% 10% 20% 30% 10% 20% 30%

Concessions and Incentives 1 2 3 1 2 3 1 2 3

3. Financial Incentives. This section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, or the waiver/reduction of fees or dedication requirements. 4. Development Standards and Density Bonus Compatibility. The city shall not apply any development standard that will have the effect of precluding the construction of a development meeting the criteria of this section at the densities or with the concessions or incentives permitted by this chapter.

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5. Waiver of Development Standards. An applicant may submit a proposal to the Community Development Department in accordance with subsection A of this section for the waiver or reduction of development standards, including, but not limited to, minimum lot size, side yard setbacks, and placement of Public Works improvements. If a meeting is requested, the Community Development Director, or designee, shall meet with the applicant within fifteen working days from the date of receipt of the request. The waiver or reduction of development standards must comply with the following conditions and requirements: a. Nothing in this section shall require the city to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), as may be amended, upon the health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. b. Nothing shall require the city to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. c. The applicant shall show by substantial evidence that the proposed waiver or modification is necessary to make the housing units economically feasible. d. Any discretionary action for modification or waiver shall be processed in conjunction with the housing development application, and shall be held before the Zoning Administrator, if required. 6. Maximum Parking Requirements for Density Bonus Units. Upon request of the applicant, the following maximum parking standards shall apply, inclusive of handicapped and guest parking, to the entire housing development subject to this chapter: a. One on-site parking space for up to one bedroom. b. Two on-site parking spaces for up to three bedrooms. c. Two and one-half on-site parking spaces for more than three bedrooms. 7. Parking Calculations. All parking calculations for the development resulting in a fraction shall be rounded up to the next whole number. 8. Allowed Parking Types. Required parking may be provided by tandem parking or uncovered parking, but not by on-street parking. 9. Request for Parking Incentives or Concessions. Additional parking incentives or concessions beyond those provided in this section may be requested, subject to subsection A of this section. 10. Other Requirements. The granting of an incentive or concession shall not require a general plan amendment, zoning change, or other discretionary approval, and shall be processed in conjunction the housing development application. E.

Donation of Land. 1. Density Bonus with Land Donation. When an applicant for a tentative subdivision map, parcel map, or other residential development donates land to the city that meets the requirements of this section, the applicant shall be entitled to a fifteen percent increase above the otherwise maximum allowable residential density

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under the applicable zoning ordinance and land use element of the general plan for the entire development. 2. Requirements for Donated Land. a. The developable acreage and zoning classification of the land must be sufficient to permit construction of units in an amount not less than ten percent of the number of residential units of the proposed development; and b. The units developed on donated land shall be affordable to very low income households. 3. Additional Density Bonus. For each one percent increase above the minimum ten percent land donation, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent if the following conditions are met: a. The land is donated and transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application to the city or to a housing developer approved by the city and by this time the transferred land shall have all permits and approvals, other than building permits, necessary for the development of the very low income housing, with the exception of any design review that would be allowed pursuant to Government Code Section 65583.2(i), as may be amended, if the design has not been reviewed prior to the time of transfer. b. The zoning classification and general plan designation of the land being transferred is appropriate for affordable housing and the land is or will be served by adequate public facilities and infrastructure. c. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty units. d. There must be appropriate zoning and development standards to make the development of the affordable units feasible. e. The transferred land is within the boundary of the proposed development. The applicant may submit a written request to the approving authority to allow the transferred land to be located within onequarter of a mile of the boundary of the proposed development. F.

Condominium Conversions. 1. Incentives for Condominium Conversion. When an applicant for conversion of apartments to condominiums agrees to provide at least thirty-three percent of the total units of the proposed condominium to persons and families of low or moderate income or fifteen percent of the total units of the proposed condominium to lower income households, and agrees to pay administrative costs incurred by the city pursuant to this section, the approving body shall either (1) grant a density bonus, or (2) provide other incentives of equivalent financial value. The approving body may place reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as appropriate, including, but not limited to, continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households. For this section, the following definitions apply: a. “Density Bonus” means an increase in units of twenty-five percent over the number of apartments to be provided within the existing structure or structures proposed for conversion.

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b. “Other Incentives of Equivalent Financial Value” shall not require the city to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval. 2. Proposal for Subdivision Map Approvals. An applicant for approval to convert apartments to condominiums may submit a preliminary proposal to the Community Development Department prior to the submittal of any formal requests for subdivision map approvals. The city shall, within ninety days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. 3. Ineligibility. An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided. 4. Other Requirements. Nothing shall require the city to approve a proposal to convert apartments to condominiums. G.

Provision of Child Care Facilities. 1. Density Bonus. When an applicant proposes to construct a housing development that conforms to the requirements of this chapter and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the city shall grant either of the following, except as specifically stated elsewhere: a. An additional density bonus for an amount of square feet of residential space equal to or greater than the amount of square feet in the child care facility; or b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. 2. Conditions. The city shall require that as a condition of approving the housing development: a. The child care facility shall remain in operation as long as or longer than the period of time the density bonus units are required to remain affordable. b. The children who attend the child care facility, the children of very low income households, lower income households, or children of families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income. 3. Limitation. Notwithstanding any requirement of this subdivision, the city reserves the right to deny a requested density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.

H.

Continued Affordability. 1. Affordability Requirement. An applicant shall agree to, and the city shall ensure, continued affordable housing costs of all density bonus units for thirty years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

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a. Rental units for lower income households shall maintain a rent that does not exceed thirty percent of seventy percent of area median income. b. Rental units for very low income households shall maintain a rent that does not exceed thirty percent of fifty percent of area median income. c. Ownership units shall be available only to households whose income does not exceed the limits for moderate income households for the duration of the affordable housing agreement. 2. Occupant Income Restrictions. An applicant shall agree to confirm, and the city shall ensure, that initial occupants of moderate-income units directly related to the receipt of the density bonus in a common interest development are persons and families of moderate income. Additionally, the following criteria apply: a. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The city shall recapture its proportionate share of appreciation which shall be used as required by Government Code Section 65915, as may be amended. The city’s share shall be equal to the percentage by which the initial sales price of the moderate-income unit was less than the fair market value of the home at that time. b. If there is any direct financial contribution from the city through participation in the cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the city may limit the sale price of the unit upon resale in accordance with the terms and conditions of that direct financial contribution. 3. Affordable Housing Agreement. Affordability shall be ensured by requiring that the applicant enter into an affordable housing agreement in accordance with this chapter, as approved by the City Attorney, and recorded by the County Recorder. 4. Land Transfer Requirements. These requirements shall apply to land transferred pursuant to this chapter and to any very low income units built on such land, and the thirty-year affordability period shall commence from the Certificate of Occupancy date. I.

Application Requirements. 1. Conditional Use Permit for Projects Receiving Affordable Housing Incentives. A conditional use permit is required for projects pursuant to Density Bonus Law (Government Code Sections 65915 et seq.). The permit shall be approved prior to the effective date of such agreement. 2. Information and Plan Submittal. Development proposal plans submitted shall contain the following: a. Location of dwelling units within the project intended for affordable housing; b. Total number of rental dwelling units and for-sale dwelling units within the project; c. Proposed rent schedules and/or sale prices. d. A development pro-forma with the capital costs, operation expense, return on investment, loan-to-value ratio and the debt coverage ratio including the contribution(s) provided by any applicable subsidy

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program(s), and the economic effects created by the minimum thirty (30) year use and income restriction on the affordable units. e. An appraisal report indicating the value of the density bonus and of the incentive(s)/concession(s). f. A use of funds statement identifying the financing gaps for the housing development with the affordable housing units. The analysis shall show how the funding gap relates to the density bonus and to the incentive(s)/concession(s). g. Any other information requested by the Director of Community Development. J. Appeal Process. Any appeal relating to density bonuses, incentives, concessions, or waivers/modifications of development standards shall comply with Buena Park Municipal Code requirements.

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Chapter 19.412 Uses 19.412.010 Uses Permitted.

A. Land, buildings and other facilities shall be designed, developed, and used only for those activities indicated for the various zones by Table 19.412.010, entitled Uses Permitted. The symbols shown in this table have the following meanings:

Symbol

Meaning

P

Automatically permitted use.

I

Incidental use—use permitted only if incidental to another primary use on the same site. If incidental to a use authorized by conditional use permit, such incidental use is permitted only if included within the terms of the conditional use permit.

C

Conditional use—use eligible for consideration under the conditional use procedure (Section 19.128.020) and permitted only if a conditional use permit is approved, subject to the specific conditions of such permit.

Ci

Incidental conditional use—use eligible for consideration under the conditional use procedure only if incidental to another primary use of the site, whether such primary use is automatically permitted or permitted by conditional use permit.

IC

Incidental or conditional use—automatically permitted as an incidental use, when the primary use is automatically permitted, or eligible for consideration as a primary use under the conditional use procedure.

T

Temporary use—permitted if approved in accordance with Title 19, Division 10.

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Table 19.412.010 USES PERMITTED—MULTI-FAMILY RESIDENTIAL ZONES Uses

RMH

Residential Zones RM-10 RM-20

PD (12)

Residential Uses Single-Family Dwellings: • Site-built. • Manufactured. • Single Family Cluster. (13) Multi-familly Dwellings: (1) • • •

Multi-family apartments. Transitional/Supportive Housing Condominium, stock cooperative,community apartments. (2) Mobilehome Park: (3) • •

Undivided ownership. Condominium or planned unit development ownership. Group Quarters:

P P C

P P C

C

P P C

P P C

C C C

P C

•

Convent, rectory, roominghouse, dormitory, fraternity or sorority house, etc. Transient Quarters:

C

C

C

C

P C

P C

P

P P P

P P P

P P P

P P P

I

I

I

C

I P P

I P P

I P P

I P P

(See Division 5, Commercial Uses—Tourist Services)

Community Residential Care: • •

Small group care home. Other community residential care facility. Residential Accessory Uses: • • • • •

• • •

Guesthouse. Home occupation. (4) Animal keeping. ( 5) Swimming pool, therapeutic pool, recreational structure. Clubhouse, meeting room, game room, gymnasium, sauna, health center (private use only). Rental management office, storage room. Parking, within garage. Parking, under carport.

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Table 19.412.010 USES PERMITTED—MULTI-FAMILY RESIDENTIAL ZONES Uses • Parking, uncovered. • Yard sale. (6) Public Service Uses Community Day Care:

RMH P P

•

Small group child day care home (1-14 children). (15) • Small group adult day care home (1-6 adults). • Child day care center. (7) • Adult day care center. (7) Health Facilities:

Residential Zones RM-10 RM-20 P P P P

PD (12) P P

P

P

P

P

P

P

Ci Ci

Ci Ci

Ci Ci

Long-term care (intermediate care or skilled nursing). Public Assembly: (See also Recreation)

C

C

• Church. (8), (9) • Emergency Shelter (16) Education:

C I

C I

• Educational institution. (9) Recreation:

C

C

P

P

P

P

P

C

C C

C C

C

C C

C C

C C

P P

P P

P P

•

•

Public park, public playground, public recreational area, public landscaped open space, public-owned historical site or feature. • Community recreation center. Utilities and Communications (14): • •

Aviation navigational aids. Public utility facilities or structures, including electrical substations and cellular telephone facilities. Transportation: • Parking lot. • Parking structure. Temporary Uses • On-site construction facilities. (10) • On-site real estate sales office. (11)

C C

P P

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Notes: 1

See also “Architectural Design Guidelines for Multi-family Low and Medium Density Residential Developments” in a separate document adopted by Resolution # 8934.

2

Special requirements apply. See Section 19.448.030.

3

Special requirements apply for mobilehome parks. See Section 19.448.020.

4

Special requirements apply for home occupations. See Section 19.448.040.

5

Special requirements apply for animal keeping. See Section 19.448.060.

6

Special requirements apply for yard sales. See Section 19.448.050.

7

Permitted with a conditional use permit as an incidental use provided that sufficient parking and circulation can be provided on the property and the hours of operation for the incidental use will not conflict with the primary use.

8

In all residential zones in which churches are permitted, such churches shall be located on and oriented to major, primary, or secondary highway as defined and as designated in the Buena Park General Plan.

9

Bingo games shall be permitted as an accessory use only when authorized under Chapter 5.16 et. seq. and only when fire and safety regulations are met and parking facilities are fully conforming to the requirements for public assembly use.

10 Offices, storage, activities, and facilities directly pertaining to construction for a permitted use on the same site provided construction is not suspended for more than 30 consecutive days. 11 Temporary real estate sales office, only for sales or leasing of new subdivision, and for not more than one year. 12 Permitted uses and intensity of use in the PD zone shall be determined in a public hearing, subject to the provisions of the General Plan for the individual area designated as Planned Development. 13 Special requirements apply for single family cluster developments. See Section 19.448.035.

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14 See Division 12 of Zoning Ordinance. 15 All applicants shall comply with the State Health and Safety Code with regard to themaximum number of children that may be supervised at any one time based on applicable standards and criteria. In no case, shall the total number of children supervised at any one at any residence exceed 14. 16 Special requirements apply for Emergency Shelters. See Section 19.448.070.

B. Those uses listed as accessory uses in the uses permitted table are subject to the definition of accessory use in Section 19.104.080 as well as the meanings of the indicated symbols in the table.

(Ord. 1444 § 9, 2003; Ord. 1344 § 4, 1997; Ord. 1315 § 11, 1994)

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19.448.070 A.

Emergency Shelters Required to be incidental to a religious assembly use.

B. The maximum number of beds/persons permitted to be served nightly shall be based on the individual capacity of the building and overall facility and shall not be less than fifty (50) square feet per person served. Shelter are limited to thirty (30) occupants per site as a principal permitted use, consistent with Cal. Gov’t Code § 65583(4)(A). C. Maximum stay at the facility shall not exceed one hundred eighty (180) days in a three hundred sixty-five (365) day period. D. Facility location shall be within a half (1/2) mile radius from an OCTA bus stop, as measured from the property line. E. A minimum distance of three hundred (300) feet shall be maintained from any other emergency shelter. F. A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is in operation. G. A minimum of one (1) parking stall for every four (4) beds or half (½) parking space for each bedroom designated for family units with children, plus one (1) parking stall for each employee/volunteer on duty, shall be maintained. H.

Bike rack parking shall also be provided by the facility.

I. Exterior lighting shall be provided for the entire outdoor area of the site consistent with the provisions of Section 19.536.070 (G). J. On-site client waiting and intake areas shall be located internally in the building where feasible. If not feasible, a waiting area shall be provided which contains a minimum of ten (10) square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right-of-way, shall be visually separated from public view by minimum six (6) foot tall visually screening mature landscaping or a minimum six (6) foot tall decorative masonry wall, and shall provide consideration for shade/rain provisions. K. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by minimum six (6) foot tall visually screening mature landscaping or a minimum six (6) foot tall decorative masonry wall. L.

Facility improvements shall additionally provide: 1.

A minimum of one (1) toilet for every eight (8) beds per gender;

2.

A minimum of one (1) shower for every eight (8) beds per gender; and

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3. Private shower and toilet facility for each area designated for use by individual families. M. An operational plan shall be provided for the review and approval of the Community Development Director. Plans may be required to address additional specific needs as identified by the Director. The approved operational plan shall remain active throughout the life of the facility and updated as necessary. At a minimum, the plan shall contain provisions addressing the topical areas outlined below: 1. Security and safety - addressing both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility; 2. Loitering control - with specific measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site; 3. Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize disruption to nearby land uses; 4. Staff training - with objectives to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income; 5. Communication and outreach with objectives to maintain good communication and response to operational issues which may arise from the neighborhood, city staff, or the general public; 6. Screening of clients for admittance eligibility - with objectives to provide first service to Buena Park residents; 7. Counseling programs to be provided with referrals to outside assistance agencies, and provide an annual report on this activity to the city; and 8. Litter control - with an objective to provide for the timely removal of litter attributable to clients within the vicinity of the facility. N. The facility may provide the following services in a designated area separate from sleeping areas: 1.

A recreation area either inside or outside the shelter;

2. A counseling center for job placement, educational, health care, legal, or mental health services; 3.

Laundry facilities to serve the number of clients at the shelter

4.

Kitchen for the preparation of meals;

5.

Dining hall;

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6. Client storage area (i.e. for the overnight storage of bicycles and personal items); or 7.

Similar services geared to homeless clients.

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Chapter 19.512 Uses 19.512.010 Uses Permitted.

A. Land, buildings, and other facilities shall be designed, developed, and used only for those activities indicated for the various zones by Table 19.512.010, entitled Uses Permitted. The symbols shown in this table have the following meanings:

Symbol

Meaning

P

Automatically permitted use.

I

Incidental use—use permitted only if incidental to another primary use on the same site. If incidental to a use authorized by conditional use permit, such incidental use is permitted only if included within the terms of the conditional use permit.

C

Conditional use—use eligible for consideration under the conditional use procedure (Section 19.128.020) and permitted only if a conditional use permit is approved, subject to the specific conditions of such permit.

Ci

Incidental conditional use—use eligible for consideration under the conditional use procedure only if incidental to another primary use of the site, whether such primary use is automatically permitted or permitted by conditional use permit.

Pc

Automatically permitted use, except such use is subject to a conditional use permit when located within three hundred thirty feet of a residential zone.

Pc*

Automatically permitted use, except such use is subject to a conditional use permit when located within six hundred feet of a residential zone.

IC

Incidental or conditional use—automatically permitted as an incidental use, when the primary use is automatically permitted, or eligible for consideration as a primary use under the conditional use procedure.

T

Temporary use—permitted if approved in accordance with Title 19, Division 10.

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Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses

Industrial Zones CM MR ML MH

Residential Uses Group Quarters: • Convent, rectory, dormitory, fraternity or sorority house, etc.

Ci

Ci

Ci

C P

P P

P P

• Long-term care (intermediate care or skilled nursing).

C

C

C

•

Hospital, alcoholic institution.

C

C

C

•

Medical or dental laboratory.

I

P

P

•

Medical or dental clinic. (17)

P

P

P

•

Industrial clinic.

•

Pharmacy.

P

P

P

P

•

Optician.

P

P

P

P

Transient Quarters: (See Commercial Uses—Tourist Services)

Public Service Uses Community Day Care: •

Child day care center.

•

Adult day care center.

C

I I

I I

I I

I I

Health Facilities:

P

P

P

P

P

P

P

P

P

I

I

I

I

Public Assembly: (See also Recreation) •

Church. (1)

C

C

C

• Emergency Shelter, up to 30 occupants. (19)

P

P

P

P

• Emergency Shelter , more than 30 occupants (19)

C

C

C

C

• Club, lodge, meeting hall, community center (largest meeting room limited to 150 seats or 1000 sq. ft. (1)

C

P

P

•

Exhibit hall (no swap meets).

C

•

Auditorium. (1)

•

Theater, indoor.

•

Theater, open air.

P C C C

•

Theater, drive-in.

P C C C C

C P

C P

P P

C C C

Education: •

Educational institution.

•

Library, reading room.

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Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Uses •

Museum.

•

Tutoring.

• Business college, vocational school (no industrial machinery or equipment), physical training school. •

Commercial Zones CO CS CG CR C P P P C C C C

C

Trade school.

Industrial Zones CM MR ML MH C

C

C

C

C

C

C

Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses

Industrial Zones CM MR ML MH

Public Service Uses Recreation : (see also Commercial Uses— Commercial Recreation)

• Public park, public playground, public recreational area, public landscaped open space, public-owned historical site or feature.

P

P

P

• Recreation area (play area, swimming pool, racquetball courts, etc.), as an accessory use (public or private use, indoor or outdoor) to a permitted commercial or industrial use.

C

C

C

C

C P C C C

C

P

P

C

C

•

Private recreation facility.

•

Community recreation center.

•

Golf driving range.

•

Miniature golf.

•

Theme recreational park.

• only.

Tennis courts or club, indoor •

With outdoor courts.

P

P

P

P

P

C

C

C

C

C

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• Racquetball, handball, swimming, gym, athletic club, indoor only. •

P

With outdoor area.

P

P

C

C

Natural Resource Development: •

Exploration and development.

C

C

C

C

C

C

C

• Telephone central office, relay station.

C

C

C

C

C

C

C

• Flood control channel and facilities, utility corridor.

P

P

P

P

P

P

P

P

• Other public utility facilities or structures, including electrical substations, and cellular telephone facilities.

C

C

C

C

C

C

C

C

• Radio, television, microwave transmitters.

C

C

C

C

C

C

C

C

•

C

C

C

C

C

C

C

C

P P C

P P C

P P C

P P C

P P

P P

P P C

P P

Utilities and Communications (13):

Aviation navigational aids.

Transportation: •

Parking lot.

•

Parking structure.

•

Passenger station.

Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Uses

Commercial Zones CO CS CG CR

Industrial Zones CM MR ML MH

Public Service Uses Other Public Services and Facilties: • Non-City-owned public facilities.

C

C

C

C

C

C

C

C

C

C

C

C(14 )

C

C

C

C

Commercial Uses • Any permitted commercial use with drive-in, drive-through,or walkup window service. (Special requirements apply. See Section 19.552.070.)

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Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses

Industrial Zones CM MR ML MH

• Any commercial use with adult entertainment. (Special requirements apply. See Section 19.552.090.)

Offices: (2) •

Bank, financial institution.

P

P

P

P

P

P

P

P

P

P

P

P

P

P

I

I

• Martial arts, dance or drama studio, art or music conservatory.

P

P

P

P

•

Music studio, recording studio.

C

•

Radio, television studio.

C P

C P

C P

C C

C C

• Art studio, art gallery, interior decorating,costume design, arts and crafts,photography studio.

P

P

P

P

• Sale of art or publications related to permitted use.

I

I

I

I

P

• Business, administrative, professional.

Studios, etc.:

C C

Schools: (See Public Service Uses—Education)

Personal Services: •

Barber shop, beauty salon.

P

P

P

• Shoe repair, tailor, dressmaker, laundromat (single batch machines only), dry cleaning (coin-operated only).

P

P

P

•

P

P

P

P

Shoe shine kiosk.

• Automated banking service kiosk. •

Retail dry cleaning. (3)

•

Health spa or salon.

•

Massage therapy.

•

Tanning salon

I IC

P P I IC

P P I IC

P P I IC

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Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses

Industrial Zones CM MR ML MH

Commercial Uses • Fortunetelling (see Chapter 5.32 for definition).

P

P

P

P

P C

P

• Entertainment (see Chapter 5.24 for definition).

C

C

C

•

Skating rink.

C

•

Skateboard park.

C C

C C

C

C C

C C

C C C C

Tourist Services: (See also Public Service Uses—Public Assembly, and also the Entertainment Corridor Specific Plan document.)

•

Travel and ticket agency.

•

Hotel, motel, motor hotel. (12)

Commercial Recreation : (See also Public Service Use—Recreation, and also the Entertainment Corridor Specific Plan document.)

• Dancehall or other establishment with public dancing. •

Game machine arcade. (4)

•

Batting cages.

•

Billiard parlor, poolroom.

•

Bowling alley.

C

C C

Retail Sales: (See also Food Sales and Service, Vehicle Sales and Rentals, Vehicle-related Sales with Related Service and Repair, and Other Sales and Service.) (All sales to be indoor only, unless indicated otherwise.)

•

Furniture, carpets.

P

P

P

P

• Household appliances, electrical appliances, radios, television sets, computer equipment.

P

P

P

P

• Department store, variety store, dry goods and notions.

P

P

P

• Apparel—clothing, millinery, shoes, etc.

P

P

P

• Jewelry, cameras and supplies, luggage, sporting goods, toys.

P

P

P

•

P

P

P

Hobby shop.

Council Meeting of 7/9/2013 Page 266

Item 08

Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses

Industrial Zones CM MR ML MH

Commercial Uses •

Drugstore.

•

Tobacco shop.

•

Pet shop and supplies.

•

Key shop kiosk.

•

Gifts, souvenirs.

•

Flower shop.

•

Flower kiosk.

•

Stationery and office supply

•

Books, newsstand.

•

Video sales, rental.

•

Video kiosk.

•

Antiques.

I

P

I

P P P P P P P P P P C P

P P P P P P P P P

• Thrift shop, secondhand goods, pawnshop.

C

•

Auction house.

C

• store.

Volume discount/warehouse

•

Hardware, paint.

P P P P P P P P P P P P

P

P

C

C

C

C

P

P

P

P

• Building materials, plumbing supplies.

Pc

Pc

Pc

Pc

•

C

C

C

C

P

P

P

P

area.

C

C

C

C

• Plant nursery, with outdoor display.

Pc

Pc

Pc

Pc

•

P

P

P

C

C

C

P

P

C

C

With outdoor display area.

• Garden and patio furniture and equipment. •

With outdoor display

Pottery, ceramics. • With outdoor display area.

• Deep discount / product liquidation. • With outdoor display area.

C

C

Pc

Council Meeting of 7/9/2013 Page 267

Item 08

Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses • (18)

Swapmeet - Indoor / Outdoor.

Industrial Zones CM MR ML MH

C

Food Sales and Service: • Restaurant,with no entertainment, no liquor, no drive-in, no drive-through, no walk-up service window.

P

P

P

P

P

P

P

P

• With entertainment. (See Chapter 5.24 for definition)

C

C

C

C

C

C

C

C

•

C

C

C

C

C

C

C

C

C

C

C

C(14)

C

C

C

C

Ci

Ci

Ci

C

C

Ci

C

C

C(16)

P

P

P

• Confectionery, ice cream, bakery (baking for on-premises sales only).

P

P

P

•

C

C

C

C

With on-sale liquor. (5)

• With drive-in, drivethrough, or walk-up service window. (See also Section 19.552.070) •

Cocktail lounge, bar.

Commercial Uses •

Liquor, off-sale.

• Supermarket, grocery, fruits and vegetables, dairy products, meat. •

Deli.

Banquet caterer.

Ci

P

C

• Catering truck terminal (including commissary and kitchens).

Vehicle Sales and Rentals: (See also Other Services—Equipment Rental)

•

Automobile rental agency.

C

P

• Vehicle sales, leasing and rental agency (office use only). • New and used sales / lease of autos, motorcycles,or trucks not exceeding 3 tons gross vehicle weight unladen, and trailers up to 2 ton carrying capacity.

P P

Pc

Pc

Council Meeting of 7/9/2013 Page 268

Item 08

Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses • New and used sales / lease of trucks exceeding 3 tons gross vehicle weight unladen, and trailers over 2 tons carrying capacity.

Industrial Zones CM MR ML MH C

Pc

Pc

Pc

Pc

Pc

C

C

Pc

C

C

C

Vehicle-related Sales with Related Service and Repair: (Any installationshall be conducted within a building)

• Retail sales of auto parts or accessories, not including tires.

Pc

Pc

Pc

• Wholesale of auto parts or accessories, not including tires. •

Auto window tinting.

• Machining or repair of auto parts or accessories, not including tires. • Tires, retail sales and/or installation for vehicles not exceeding 3 tons gross vehicle weight unladen.

C

• Tires, retail sales and/or installation for vehicles exceeding 3 tons gross vehicle weight unladen.

C

Ci

C

Pc

C

C

C

• Tires, wholesale and/or installation.

C Pc

Pc

Commercial Uses Other Sales and Service: •

Bicycle sales, rental, or repair.

P

P

P

P

• Boat accessories, sales with no installation.

P

P

P

P

• Boat sales, up to 28 ft. hull length.

Pc

Pc

Pc

• Boat repair and/or service, up to 28 ft. hull length. (All work shall be conducted within a building)

C

C

C

C

Vehicle Repair, Service: (All work shall be conducted within a building)

Council Meeting of 7/9/2013 Page 269

Item 08

Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses • Light repair and/or service of vehicles not exceeding 3 tons gross vehicle weight unladen. (Work shall not include engine valves repair or replacement, engine overhaul or replacement, transmission repair or replacement, radiator repair or replacement, muffler repair or replacement, body and fender work, detailing, painting or upholstery)

C

• Heavy repair and/or service of vehicles not exceeding 3 tons gross vehicle weight unladen.

C

Ci(15 )

C

• Repair and/or service of vehicles exceeding 3 tons gross vehicle weight unladen or trailers over 2 ton capacity. • Repair and/or service of motorcycles only in conjunction with sales of new and used motorcycles.

Industrial Zones CM MR ML MH

C

Pc

C

Pc

C

C

C

C

C

C C

C C

C C

C

C

C

C

C

C

C

C

P

P

P

P

P

P

Pc Pc

Pc

Pc Pc

Pc

Pc

Pc

Vehicle Service: •

Mechanical carwash. (6)

•

Automobile service station. (7)

• Quick tune-up / oil change / lube shop.

Printing Services: • Instant printing, copying, addressographing, mimeographing, photostating, blueprinting. •

Photoengraving, offset printing.

•

Printing.

• Photo film drop-off / pick-up kiosk.

P

P

P

Commercial Uses • Retail photo film and print processing. • plant.

Photo film and print processing

P

P

P Pc

Council Meeting of 7/9/2013 Page 270

Item 08

Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses • Custom furniture upholstery and reupholstery.

P

P

•

Picture framing and glazing.

Industrial Zones CM MR ML MH P

P

P

P

P

• Watch repair, camera repair, radio, stereo, television, personal computers, other small appliance repair.

P

P

P

P

•

P

P

P

P

Locksmith.

• Repair of lawnmowers, larger electrical appliances, precision instruments, nonpneumatic tools, (all work to be indoors).

Pc

Pc

•

Repair of pneumatic tools.

C

C

• Rental of light equipment (up to single unit trucks).

C

Pc

• Rental of heavy equipment (semi-tractors, cranes, etc.).

C

C

• Small animal grooming (no boarding). •

Small animal hospital.

•

Veterinary clinic.

•

Kennel.

•

Taxidermy.

•

Mortuary.

P

P

P

C

C C

Pc Pc

I

C

Pc Pc C P

P C

Industrial Uses Research, Development and Testing: • Research and development institution or laboratory (no manufacturing), testing laboratory.

C

C

C

C

Pc

Pc

Storage: • Mini-storage space rental for public self-storage.

Pc

Pc

• Outdoor storage space rental for boats and vehicles

C

C

C

• Off-site inventory storage for auto dealerships.

C

C

C

Council Meeting of 7/9/2013 Page 271

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Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses

Industrial Zones CM MR ML MH

Industrial Uses • Above-grade fuel tank storage with 500 gallon and greater capacity. (8)

Ci

Ci

Ci

Ci

Ci

Ci

CI

• Below-grade fuel tanks and above-grade fuel tanks with less than 500 gallon capacity. (8)

P

P

P

P

P

P

P

Pc

Pc

• Transit or transportation equipment storage (no truck or railroad freight yard). • Freight yard or terminal truck, railroad.

C

• Warehouse, distribution center, storage building.

Pc

Pc

Pc

I

I

I

Pc Pc

Pc Pc C Pc

Pc

C

C

Pc Pc

Pc C

Pc C

Pc

Pc

Pc

• Laundry, cleaning and dyeing plant, carpet cleaning and dyeing, textile dyeing.

C

C

• Fabrication from finished rubber, plastics.

C

Pc

• Outdoor storage, other than a contractor’s storage facility. (9) •

Cold storage.

•

Frozen food locker.

•

Ice plant.

•

Lumberyard.

I

I C

Pc

• Contractor’s storage facility, with main building.

Pc Pc

Wholesale: •

Wholesale business.

•

Wholesale with retail outlet.

Industrial Processes: • Cabinet shop, machine shop (no punch presses over 20-tons), sheet metal shop, tinsmith, welding shop.

Council Meeting of 7/9/2013 Page 272

Item 08

Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses

Industrial Zones CM MR ML MH

Industrial Uses • Fabrication from shell, cellophane, cork, fiber, fur, glass, finished leather, gems, textiles, tobacco, wood. • Packaging or assembly of products from previously manufactured components (no outdoor storage of bulk materials, final product not over 50 pounds).

Pc

Pc

Pc

Pc

Pc

Pc

P

P

P

P

P

C

C

C

C C

C

C

• Manufacturing, compounding, assembly, packaging, or treatment of merchandise made from the following previously prepared materials:

canvas, cloth, textiles, yarn, cork, leather, plastics, cellophane, synthetics, precious or semi-precious metal (excluding metal stamping), stone (excluding grinding, cutting or dressing, granite, etc), wood (excluding prefabrication of building components, cabinet shops, furniture manufacturing, lumberyard, planing mill). • Assembly of electrical appliances, electronic instruments or devices, precision instruments, radios, computer components, phonographs, television sets (may include manufacturing of small parts only). • Smelting of precious or semiprecious metal. •

Drop forge, foundry.

•

Paint mixing.

• Grinding, cutting or dressing of stone, marble or granite, etc.

P

Council Meeting of 7/9/2013 Page 273

Item 08

Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses

Industrial Zones CM MR ML MH

Industrial Uses • Metal fabricating (no foundry), metal plating, metal finishing. •

Pc

Metal engraving.

Pc

Pc

C

C Pc

Manufacturing of: •

Acid.

•

Soap (cold mix only).

• Cosmetic goods, toiletries, or drugs.

Pc

Pc

Pc

•

C

C

C

Ceramics.

Council Meeting of 7/9/2013 Page 274

Item 08

Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses

Industrial Zones CM MR ML MH

Industrial Uses • Ceramic products using only previously pulverized clay and fired in kilns using only electricity or gas. •

C

C

Aircraft (no foundry).

Pc Pc

• Boats, less than 28 ft. hull length.

C

C

28 ft.

C

C

• Furniture, garden patio furniture and equipment.

C

Pc

Pc Pc

Pc Pc

Pc

Pc

P

P

•

C

Hull length greater than

•

Garments, gloves, shoes.

•

Signs.

• Electrical appliances, instrumental or equipment. •

Jewelry, watches.

P

Food Manufacturing or Processing: • Manufacturing, processing, canning or packing of meat, fish, dog or cat food, lard, pickles, sauerkraut, vinegar, coffee, dressing, or poultry. •

Winery.

•

Brewery.

C C

C Pc

C

Pc

Pc

Pc

Pc

Pc

Pc

Pc

• Candy manufacturing, nut processing.

C

C

•

Dairy products manufacturing.

C

Pc

•

Bottling.

Pc

Pc

T

T

• Processing, canning or packing fruits or vegetables. •

Bakery.

• Candy or nut packing (no roasting).

Temporary Uses • Temporary uses, as provided in Title 19, Division 10.

T

T

T

T

T

T

Council Meeting of 7/9/2013 Page 275

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Table 19.512.010 USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES Commercial Zones CO CS CG CR

Uses • (10)

On-site construction facilities.

• (11)

On-site real estate sales office.

Industrial Zones CM MR ML MH

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Notes: 1 Bingo games shall be permitted as an accessory use only when authorized under Chapter 5.16 et. seq. and only when fire and safety regulations are met and parking facilities are fully conforming to the requirements for public assembly use. 2 In an integrated center within the CS zone, a conditional use permit is required to establish an administrative or professional business office use in excess of 5,000 square feet gross floor area or to establish any office use which will cause the center’s gross floor area devoted to offices to exceed 20%. 3 Special limitations apply for retail dry cleaning. See Section 19.552.020. 4 Special requirements apply for game machine arcades. See Section 19.552.040. 5 Special requirements apply for restaurants with on-sale liquor. See Section 19.552.030. 6 Special requirements apply for carwashes. See Section 19.552.060. 7 Special requirements apply for automobile service stations. See Section 19.552.050. 8 Above-grade fuel tanks subject to applicable setbacks and screening from public view. 9 Special requirements apply for outdoor storage. See Section 19.524.020. 10 Offices, storage, activities, and facilities directly pertaining to construction on the same site provided construction is not suspended for a permitted use for more than 30 consecutive days. 11 Temporary real estate sales office, only for sales or leasing of new subdivision and for not more than one year. 12 Special requirements apply for hotels, motels, and motor hotels. See Sections 19.104.080 and 19.552.110. 13 See Division 12 of Zoning Ordinance. 14 In the CR zone, drive-in and drive-through service for any commercial use may be considered only within the Master Plan Area North, pursuant to the provisions and requirements of Chapter 19.556. Within the Master Plan Area South, a walk-up window for a commercial use may be considered only within an approved Entertainment Promenade pursuant to the provisions and requirements of Chapter 19.556. 15 In the CR zone, use may be considered only within the Master Plan Area South. See Chapter 19.556. 16 In the CR zone, use may be considered only within the Master Plan Area North. See Chapter 19.556. 17 In the CR zone, use may be permitted within multi-tenant buildings only. 18 Special requirements apply for indoor swap meets. See Section 19.552.111. 19 Special requirements apply for Emergency Shelters. See Section 19.552.112.

Council Meeting of 7/9/2013 Page 276

Item 08

B. Those uses listed as accessory uses in the uses permitted table are subject to the definition of accessory use in Section 19.104.080 as well as the meanings of the indicated symbols in the table.

(Ord. 1498 § 3, 2007; Ord. 1478 § 4, 2005; Ord. 1437 § 3, 2002; Ord. 1405 § 6, 2000; Ord. 1382 § 10, 1998; Ord. 1348 § 11, 1997; Ord. 1344 § 4, 1997; Ord. 1340 § 4, 1996)

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Item 08

19.552.120

Emergency Shelters

A. The maximum number of beds/persons permitted to be served nightly shall be based on the individual capacity of the building and overall facility and shall not be less than fifty (50) square feet per person served. Shelter are limited to thirty (30) occupants per site as a principal permitted use, consistent with Cal. Gov’t Code § 65583(4)(A). Emergency shelters with more than thirty (30) occupants per site are permitted subject to the approval of a Conditional Use Permit. B. Maximum stay at the facility shall not exceed one hundred eighty (180) days in a three hundred sixty-five (365) day period. C. Facility location shall be within a half (1/2) mile radius from an OCTA bus stop, as measured from the property line. D. A minimum distance of three hundred (300) feet shall be maintained from any other emergency shelter, any residentially zoned property and any public or private school, as measured from the property line. Shelters at existing churches are exempt from minimum distance requirements from residentially zoned properties and schools. E. A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is in operation. F. A minimum of one (1) parking stall for every four (4) beds or half (½) parking space for each bedroom designated for family units with children, plus one (1) parking stall for each employee/volunteer on duty, shall be maintained. G.

Bike rack parking shall also be provided by the facility.

H. Exterior lighting shall be provided for the entire outdoor area of the site consistent with the provisions of Section 19.536.070 (G). I. On-site client waiting and intake areas shall be located internally in the building where feasible. If not feasible, a waiting area shall be provided which contains a minimum of ten (10) square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right-of-way, shall be visually separated from public view by minimum six (6) foot tall visually screening mature landscaping or a minimum six (6) foot tall decorative masonry wall, and shall provide consideration for shade/rain provisions. J. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by minimum six (6) foot tall visually screening mature landscaping or a minimum six (6) foot tall decorative masonry wall. K.

Facility improvements shall additionally provide: 1.

A minimum of one (1) toilet for every eight (8) beds per gender;

2.

A minimum of one (1) shower for every eight (8) beds per gender; and

Council Meeting of 7/9/2013 Page 278

Item 08

3. Private shower and toilet facility for each area designated for use by individual families. L. An operational plan shall be provided for the review and approval of the Community Development Director. Plans may be required to address additional specific needs as identified by the Director. The approved operational plan shall remain active throughout the life of the facility and updated as necessary. At a minimum, the plan shall contain provisions addressing the topical areas outlined below: 1. Security and safety - addressing both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility; 2. Loitering control - with specific measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site; 3. Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize disruption to nearby land uses; 4. Staff training - with objectives to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income; 5. Communication and outreach with objectives to maintain good communication and response to operational issues which may arise from the neighborhood, city staff, or the general public; 6. Screening of clients for admittance eligibility - with objectives to provide first service to Buena Park residents; 7. Counseling programs to be provided with referrals to outside assistance agencies, and provide an annual report on this activity to the city; and 8. Litter control - with an objective to provide for the timely removal of litter attributable to clients within the vicinity of the facility. M. The facility may provide the following services in a designated area separate from sleeping areas: 1.

A recreation area either inside or outside the shelter;

2. A counseling center for job placement, educational, health care, legal, or mental health services; 3.

Laundry facilities to serve the number of clients at the shelter

4.

Kitchen for the preparation of meals;

5.

Dining hall;

Council Meeting of 7/9/2013 Page 279

Item 08

6. Client storage area (i.e. for the overnight storage of bicycles and personal items); or 7.

Similar services geared to homeless clients.

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Item 08

Excerpt of Minutes of the Planning Commission Meeting of June 12, 2013

Vol. 28 - Page No.

1

CITY OF BUENA PARK MINUTES OF CITY PLANNING COMMISSION June 12, 2013 The regular meeting of the Planning Commission of the City of Buena Park convened at 7:00 p.m. on June 12, 2013, in the City Council Chamber, 6650 Beach Boulevard, Buena Park, California with Chair McGuire presiding. PRESENT: COMMISSIONERS:

Barstow, Capelle, Chung, Gonzales, Schoales, and McGuire

ABSENT:

Diep

COMMISSIONER:

ALSO PRESENT: Joel W. Rosen, AICP, Community Development Director Jay Saltzberg, Planning Manager Michael Ressler, Senior Planner Jennifer Wallis, Assistant Planner Craig Fox, Deputy City Attorney Suzanne Davis, Senior Secretary

TEXT AMENDMENT NO. C13-001 A request to consider a recommendation to the City Council for a Text Amendment to amend Section 19.308.030 and Table 19.312.010, and add Section 19.348.070 to Division 3, amend Section 19.408.030 and Table 19.412.010, and add Section 19.448.070 to Division 4, and amend Table 19.512.010 and add Section 19.552.120 to Division 5 of Title 19 of the Buena Park Municipal Code pertaining to Emergency Shelters, Transitional and Supportive Housing and Affordable Housing Incentives as required by State Law. The project proponent is the City of Buena Park. PROPERTY PROPONENT:

City of Buena Park 6650 Beach Boulevard Buena Park, CA 90622

In reply to Chair McGuire, Ms. Davis stated that staff had received no written communication on the item. The staff report was introduced by Jennifer Wallis, Assistant Planner. Staff recommends that the Planning Commission adopt the proposed Resolution recommending that the City Council approve Text Amendment No. C13-001. The City is periodically required to update the Zoning Ordinance to comply with State laws. The purpose of the proposed Text Amendment is to update the City’s Zoning Ordinance to reflect current State laws regarding zoning for Emergency Shelters, Transitional and Supportive Housing (SB 2), and Affordable Housing Incentives (SB 1818). Although Buena Park has complied with state law SB1818 on an individual project basis and has not received an application under SB 2 provisions, the State requirements have not been

Council Meeting of 7/9/2013 Page 284

Item 08

Excerpt of Minutes of the Planning Commission Meeting of June 12, 2013

Vol. 28 - Page No.

2

codified. This proposed Text Amendment will codify the requirements of applicable State law. Senate Bill 2 (SB 2) (2007) requires local jurisdictions to identify the zone or zones where transitional and supportive housing as well as emergency shelters are permitted by right. State law requires that supportive and transitional housing be considered as residential use of property, subject only to restrictions applicable to other residential dwellings in the same zone. Supportive housing is permanent rental housing designed to provide residents with a stable living environment. Transitional housing is a specific type of supportive interim housing to facilitate movement of homeless individuals and families to permanent housing. Currently, staff has interpreted transitional housing and other types of supportive housing as residential uses. However, these uses are not specified as automatically permitted residential uses within the Zoning Ordinance. The City has previously approved a transitional housing development with a Development Agreement.

SB 2 also requires local jurisdictions to permit Emergency Shelters by right in at least one zone. Emergency Shelters may be subject to development and management standards that apply to residential and commercial development within the same zone. Emergency Shelters are not currently listed in the permitted use chart within the Zoning Ordinance. However, an emergency shelter has been previously approved as “group quarters” in conjunction with the First Southern Baptist Church of Buena Park. Senate Bill 1818 (SB 1818) requires cities and counties modify previously State-mandated “density bonus” zoning incentives for affordable housing developments. The changes in the law reduced the amount of affordable units that a developer must provide to receive a density bonus and required cities and counties to provide certain development concessions or incentives, depending upon the percentage of affordable units provided. The State also imposed a new land donation rule and statewide parking standards. Municipalities can adopt zoning regulations to allow increased housing density above the density permitted by zoning for a site in exchange for provision of affordable housing consistent with state law, but cannot establish ordinances that are less than the standards established in the Government Code. The objective of SB 1818 is to encourage developers to build affordable housing by requiring local governments to provide development incentives. A density bonus is defined as an increase of 20 to 35 percent over the maximum allowable residential density under the applicable zoning and General Plan designations. There are five components to SB 1818: (1) density bonus for affordable housing developments that meet prescribed affordability levels, (2) development incentives or concessions, (3) waiver of development standards, (4) imposition of maximum parking requirements, and (5) bonuses for land donation or childcare facilities. Units for low or very low income must be income restricted for a minimum of 30 years. In the case of for sale moderate income units, the initial occupant must meet income qualifications. However, when sold, the seller of the unit retains the value of any improvements, the down payment, and the seller's proportionate share of the appreciation. The unit generally then becomes a market rate home. On January 12, 2013, the Emergency Shelter requirements of SB2 were presented to the City Council in Study Session. Council directed Staff to prepare a Text Amendment to allow emergency shelters “by right” in commercial zones with specific development and operating standards.

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Excerpt of Minutes of the Planning Commission Meeting of June 12, 2013

Vol. 28 - Page No.

3

State law now requires that transitional housing and supportive housing be considered as residential uses of property, and subject only to those restrictions that apply to other similar residential dwellings in the same zone. Therefore, transitional and supportive housing are being included within the permitted use charts within the Single Family and Multifamily zones to be processed consistent with similar permitted residential uses. As proposed, emergency shelters are only permitted in commercial zones and are prohibited in residential zones unless incidental to a religious facility. With the passage of SB 2, cities must automatically allow homeless shelters in at least one zone, and automatically allow transitional and supportive housing in residential zones. To comply with State law, the City’s current zoning standards must be amended to allow automatic approval. State law allows for specific development and operating standards for emergency shelters in addition to requiring automatic approval (i.e “by right”). Proposed development and operating standards for emergency shelters are proposed including maximum number of beds for persons permitted to be served nightly, requirements for off-street parking, size and location of on-site waiting and client intake areas, provision for on-site management, proximity to other emergency shelters, length of stay, lighting, security during hours that the shelter is in operation, occupancy and income restrictions, minimum room sizes, and open space requirements. The proposed Code Amendment will permit Emergency Shelters by right with up to 30 occupants in the Commercial Office (CO), Commercial General (CG), Community Shopping (CS) and Commercial Manufacturing (CM) zones and by Conditional Use Permit with occupants greater than 30 in those zones. Emergency Shelters will be prohibited in all residential zones unless incidental to a religious facility which requires a Conditional Use Permit. The proposed Text Amendments will be consistent with the City’s General Plan, including the Housing Element Update currently in progress. The City’s Housing Element update will not be approved by the State without these zoning amendments in place. Staff has conferred with City Attorney and the City’s Housing Element Consultant expert in drafting the amendments. This project is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Notice of public hearing was posted at City Hall, the Buena Park Library, and Ehlers Community Recreation Center on May 30, 2013 and published in the Buena Park Independent on May 31, 2013. Chair McGuire asked if there were any questions of staff, with no response. Chair McGuire said that this is a public hearing. If there is anyone wishing to speak on the item, please come forward and state their name and address for the record. There being no one wishing to speak on the matter, Chair McGuire closed the public hearing and advised that the item requires a Resolution for approval or denial with findings. Commissioner Capelle moved and Commissioner Gonzalez seconded the motion to adopt the following titled Resolution recommending Text Amendment No. C13-001 with findings of fact and conditions therein.

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Excerpt of Minutes of the Planning Commission Meeting of June 12, 2013

AYES:

6

COMMISSIONERS:

NOES:

0

COMMISSIONER:

ABSENT:

1

COMMISSIONER:

ABSTAIN:

0

COMMISSIONER:

Vol. 28 - Page No.

4

Capelle, Gonzalez, Barstow, Chung, Schoales and McGuire

Diep

RESOLUTION NO. 5873 TEXT AMENDMENT NO. C13-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING SECTION 19.308.030 AND TABLE 19.312.010, AND ADDING SECTION 19.348.070 TO DIVISION 3, AMENDING SECTION 19.408.030 AND TABLE 19.412.010, AND ADDING SECTION 19.448.070 TO DIVISION 4, AND AMENDING TABLE 19.512.010 AND ADDING SECTION 19.552.120 TO DIVISION 5 OF TITLE 19 OF THE BUENA PARK MUNICIPAL CODE PERTAINING TO EMERGENCY SHELTERS, TRANSITIONAL AND SUPPORTIVE HOUSING, AND AFFORDABLE HOUSING INCENTIVES AS REQUIRED BY STATE MANDATES

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Item 08

STAFF REPORT REPORT Planning Commission REPORT REPORT AGENDA ITEM NUMBER:

4

MEETING DATE:

June 12, 2013

CASE NUMBER:

Text Amendment No. C13-001

PROJECT PROPONENT:

City of Buena Park 6650 Beach Boulevard Buena Park, CA 90622

APPLICATION REQUEST:

To consider a recommendation to the City Council to amend Zoning Code Sections 19.308.030 and Table 19.312.010, and add Section 19.348.070 to Division 3, amend Section 19.408.030 and Table 19.412.010, and add Section 19.448.070 to Division 4, amend Table 19.512.010 and add Section 19.552.120 to Division 5 of Title 19 of the Buena Park Municipal Code pertaining to Emergency Shelters, Transitional and Supportive Housing and Affordable Housing Incentives as required by State law

RECOMMENDATION: Staff recommends that the Planning Commission adopt the proposed Resolution recommending that the City Council approve Text Amendment No. C13-001. APPLICATION ANALYSIS: Background: The City is periodically required to update the Zoning Ordinance to comply with State laws. The purpose of the proposed Text Amendment is to update the City’s Zoning Ordinance to reflect current State laws regarding zoning for Emergency Shelters, Transitional and Supportive Housing (SB 2), and Affordable Housing Incentives (SB 1818). Although Buena Park has complied with state law SB1818 on an individual project basis and has not received an application under SB 2 provisions, the State requirements have not been codified. This proposed Text Amendment will codify the requirements of applicable State law.

AGENDA ITEM NO. 4

Council Meeting of 7/9/2013 Page 288

Item 08

Planning Commission Staff Report Text Amendment No. C13-001 Page 2

Senate Bill 2 (SB 2) (2007) requires local jurisdictions to identify the zone or zones where transitional and supportive housing as well as emergency shelters are permitted by right. State law requires that supportive and transitional housing be considered as residential use of property, subject only to restrictions applicable to other residential dwellings in the same zone. Supportive housing is permanent rental housing designed to provide residents with a stable living environment. Transitional housing is a specific type of supportive interim housing to facilitate movement of homeless individuals and families to permanent housing. Currently, staff has interpreted transitional housing and other types of supportive housing as residential uses. However, these uses are not specified as automatically permitted residential uses within the Zoning Ordinance. The City has previously approved a transitional housing development with a Development Agreement.

SB 2 also requires local jurisdictions to permit Emergency Shelters by right in at least one zone. Emergency Shelters may be subject to development and management standards that apply to residential and commercial development within the same zone. Emergency Shelters are not currently listed in the permitted use chart within the Zoning Ordinance. However, an emergency shelter has been previously approved as “group quarters” in conjunction with the First Southern Baptist Church of Buena Park. Senate Bill 1818 (SB 1818) requires cities and counties modify previously Statemandated “density bonus” zoning incentives for affordable housing developments. The changes in the law reduced the amount of affordable units that a developer must provide to receive a density bonus and required cities and counties to provide certain development concessions or incentives, depending upon the percentage of affordable units provided. The State also imposed a new land donation rule and statewide parking standards. Municipalities can adopt zoning regulations to allow increased housing density above the density permitted by zoning for a site in exchange for provision of affordable housing consistent with state law, but cannot establish ordinances that are less than the standards established in the Government Code. The objective of SB 1818 is to encourage developers to build affordable housing by requiring local governments to provide development incentives. A density bonus is defined as an increase of 20 to 35 percent over the maximum allowable residential density under the applicable zoning and General Plan designations. There are five components to SB 1818: (1) density bonus for affordable housing developments that meet prescribed affordability levels, (2) development incentives or concessions, (3) waiver of development standards, (4) imposition of maximum parking requirements, and (5) bonuses for land donation or childcare facilities. Units for low or very low income must be income restricted for a minimum of 30 years. In the case of for sale moderate income units, the initial occupant must meet income qualifications. However, when sold, the seller of the unit retains the value of any improvements, the down payment, and the seller's proportionate share of the appreciation. The unit generally then becomes a market rate home.

AGENDA ITEM NO. 4

Council Meeting of 7/9/2013 Page 289

Item 08

Planning Commission Staff Report Text Amendment No. C13-001 Page 3

On January 12, 2013, the Emergency Shelter requirements of SB2 were presented to the City Council in Study Session. Council directed Staff to prepare a Text Amendment to allow emergency shelters “by right” in commercial zones with specific development and operating standards. Proposal/Discussion:

State law now requires that transitional housing and supportive housing be considered as residential uses of property, and subject only to those restrictions that apply to other similar residential dwellings in the same zone. Therefore, transitional and supportive housing are being included within the permitted use charts within the Single Family and Multifamily zones to be processed consistent with similar permitted residential uses. As proposed, emergency shelters are only permitted in commercial zones and are prohibited in residential zones unless incidental to a religious facility. With the passage of SB 2, cities must automatically allow homeless shelters in at least one zone, and automatically allow transitional and supportive housing in residential zones. To comply with State law, the City’s current zoning standards must be amended to allow automatic approval. State law allows for specific development and operating standards for emergency shelters in addition to requiring automatic approval (i.e “by right”). Proposed development and operating standards for emergency shelters are proposed including maximum number of beds for persons permitted to be served nightly, requirements for off-street parking, size and location of on-site waiting and client intake areas, provision for on-site management, proximity to other emergency shelters, length of stay, lighting, security during hours that the shelter is in operation, occupancy and income restrictions, minimum room sizes, and open space requirements. The proposed Code Amendment will permit Emergency Shelters by right with up to 30 occupants in the Commercial Office (CO), Commercial General (CG), Community Shopping (CS) and Commercial Manufacturing (CM) zones and by Conditional Use Permit with occupants greater than 30 in those zones. Emergency Shelters will be prohibited in all residential zones unless incidental to a religious facility which requires a Conditional Use Permit. The proposed Text Amendments will be consistent with the City’s General Plan, including the Housing Element Update currently in progress. The City’s Housing Element update will not be approved by the State without these zoning amendments in place. Staff has conferred with City Attorney and the City’s Housing Element Consultant expert in drafting the amendments. ENVIRONMENTAL ASSESSMENT: This project is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

AGENDA ITEM NO. 4

Council Meeting of 7/9/2013 Page 290

Item 08

Planning Commission Staff Report Text Amendment No. C13-001 Page 4

PUBLIC HEARING NOTICE: Notice of public hearing was posted at City Hall, the Buena Park Library, and Ehlers Community Recreation Center on May 30, 2013 and published in the Buena Park Independent on May 31, 2013.

Prepared by: Approved by:

Jennifer Wallis, Assistant Planner Joel W. Rosen, AICP, Community Development Director

Presented by:

Jennifer Wallis, Assistant Planner

ATTACHMENTS: 1) Proposed Planning Commission Resolution 2) Proposed City Council Ordinance with Exhibit A SRC13-001

AGENDA ITEM NO. 4

Council Meeting of 7/9/2013 Page 291

Item 08

City

Council Minutes

January

MOTION CARRIED to 1) Receive the

22, 2013

Vol. 44 Pg. 166

2) Allocate $ 55,000 from the General Fund to

report; and

hire a Housing Element Update consultant.

12.

HOUSING ELEMENT UPDATE —EMERGENCY SHELTERS

Present for the discussion was Jay Saltzberg, Planning Manager. Mr. Saltzberg reported that Senate Bill 2 requires the City to demonstrate the ability to provide emergency shelters for the homeless and those displaced from homes. Following discussion the City Council directed staff to prepare a text amendment to allow emergency shelters "by right" within Commercial zones with specific development and operating standards.

13.

ORANGE COUNTY SHERIFF' S DEPARTMENT PROPOSAL REVIEW

Present for the discussion was Jim Vanderpool, City Manager Richard Tefank, former Buena Park police chief for 11 1/ 2 years, commented that the Orange

County Sheriffs proposal does not compare to the actual services being provided. He cautioned about losing control of labor negotiations, salaries, and costs if police services are contracted out. He stated that the proposal does not include front counter service, an onsite jail,

building maintenance, and a watch commander. The proposal does not provide the same service levels, such as the problem- oriented policing program, the Neighborhood Task Force, narcotics and gang prevention programs, or crossing guards. He also commented that the City will lose flexibility in deploying officers, and there will be no onsite crime scene investigation.

City Manager Vanderpool reported that the Orange County Sheriff Department's ( OCSD) informal proposal was received in early January, and staff has met with OCSD regarding questions raised during staffs analysis. He requested that Finance Director Hyun give an overview of the comparative costs.

Mr. Hyun reported that the estimated actual cost of police services for FY 2012- 13 is 21, 500, 000. The OCSD

Orange

County

20,400,000 but did not include certain ongoing Specifically the OCSD proposal did not include:

proposal was $

operational costs and savings.

Sheriff Proposal

20,400, 000

Ongoing Operational Costs Pension Obligation Loan ( 7 Year)

2, 000, 000 300, 000

Jail Operation Facilities Maintenance PERS Unfunded

400, 000 700, 000

Liability

Ongoing Operational Savings Equipment Maintenance

72, 000)

Internal Support/ Finance

85, 000)

OCSD Proposal

with

Ongoing Costs

and

Savings

23, 643, 000

Also not included in OCSD Proposal:

Crossing

Guards ( ongoing)

140, 000

Vacation & Sick Leave Buyouts ( one- time)

$ 1, 300, 000

City Manager Vanderpool addressed the service levels of the proposal stating that OCSD is proposing 67 sworn officers, and there are presently 84 sworn officers ( 93 budgeted positions--4 laid off and 5 vacant). OCSD is proposing to cover the shortfall of staffing through regionalized services. The investigative support services will be countywide; these include robbery/homicide investigation, vice and narcotics, sex crimes, and the gang unit ( OCSD currently has four gang officers

for

entire

county; Buena Park

now

has three gang

officers).

The proposal also does not

provide for front counter services and those services would be handled in Santa Ana including vehicle release, parking citation disputes, copies of reports, live scan, and property and evidence. Existing special task forces would be eliminated including the Problem- Oriented Policing ( POP) Team and the Neighborhood Task Improvement Force. Additionally the Watch

Council Meeting of 7/9/2013 Page 292

Item 08

Council Meeting of 7/9/2013 Page 293

Item 09

STUDY & EXECUTIVE SESSIONS BUENA PARK CITY COUNCIL STUDY SESSION EXECUTIVE SESSION SUMMARY SHEET MEETING DATE: July 9, 2013 TOPIC: CALIFORNIA HERO PROGRAM FROM: Aaron France, Assistant to the City Manager EXECUTIVE SESSION: INFORMATION REQUIRED BY THE BROWN ACT: License Permit Determination 54956.7 Conference with Real Property Negotiator 54956.8 Conf w/Legal Counsel-Existing Litigation 54956.9(a) Conf w/Legal-Anticipated Lit. (exposure to) 54956.9(b)(1) Liability Claims 54956.95 Conf w/ Legal-Anticipation Lit. (city initiated) 54956.9(c) Worker’ Compensation Claims 54956.95 Threat to Public Services or Facilities 54957 Public Employee Appointment 54957 Public Employment 54957 Public Employee Performance Evaluation 54957 Public Employee Discipline/Dismissal/Release 54957 Conference with Labor Negotiator 54957.6 Report Involving Trade Secret Case Review/Planning 54957.8 Hearings Pursuant to Government Code Section (example: 54956.8, 54957.6) Applicant: Property: Negotiating Parties: Under Negotiation: Name of Case: Title (for employment items): Employee Organization (labor items): : Subject Matter: Other:

BACK-UP MATERIAL?

YES

NO

IN C.C. CONF. ROOM

REQUESTED OF COUNCIL/AGENCY BOARD: Receive report and provide direction.

Council Meeting of 7/9/2013 Page 294

Item 09

Contact Dustin Reilich Director of Municipal Development D: 949-237-0965 E: [email protected]

Council Meeting of 7/9/2013 Page 295

Item 09

Contact Dustin Reilich Director of Municipal Development D: 949-237-0965 E: [email protected]

Council Meeting of 7/9/2013 Page 296

Item 10

STUDY & EXECUTIVE SESSIONS BUENA PARK CITY COUNCIL STUDY SESSION EXECUTIVE SESSION SUMMARY SHEET MEETING DATE: July 9, 2013 TOPIC: DOGS IN CITY PARKS FROM: City Council EXECUTIVE SESSION: INFORMATION REQUIRED BY THE BROWN ACT: License Permit Determination 54956.7 Conference with Real Property Negotiator 54956.8 Conf w/Legal Counsel-Existing Litigation 54956.9(a) Conf w/Legal-Anticipated Lit. (exposure to) 54956.9(b)(1) Liability Claims 54956.95 Conf w/ Legal-Anticipation Lit. (city initiated) 54956.9(c) Worker’ Compensation Claims 54956.95 Threat to Public Services or Facilities 54957 Public Employee Appointment 54957 Public Employment 54957 Public Employee Performance Evaluation 54957 Public Employee Discipline/Dismissal/Release 54957 Conference with Labor Negotiator 54957.6 Report Involving Trade Secret Case Review/Planning 54957.8 Hearings Pursuant to Government Code Section (example: 54956.8, 54957.6) Applicant: Property: Negotiating Parties: Under Negotiation: Name of Case: Title (for employment items): Employee Organization (labor items): : Subject Matter: Other:

BACK-UP MATERIAL?

YES

NO

IN C.C. CONF. ROOM

REQUESTED OF COUNCIL/AGENCY BOARD: Discussion requested by Council.

Council Meeting of 7/9/2013 Page 297

6.20.070 Leash required.

Page 1 of 1 Item 10

Buena Park Municipal Code Up

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Title 6 ANIMALS Chapter 6.20 CARE AND KEEPING OF DOGS

6.20.070 Leash required.

No person owning or harboring any dog shall allow or permit such dog, whether licensed or not, to be upon a public street, sidewalk, park, school ground, public place or upon any unenclosed lot or land except when held under leash by an able-bodied person. (Ord. 1542 § 2, 2010)

Council Meeting of 7/9/2013 Page 298

http://qcode.us/codes/buenapark/view.php?topic=6-6_20-6_20_070&frames=off

07/01/2013

Item 11

STUDY & EXECUTIVE SESSIONS BUENA PARK CITY COUNCIL STUDY SESSION EXECUTIVE SESSION SUMMARY SHEET MEETING DATE: July 9, 2013 TOPIC: TRAUMA INTERVENTION PROGRAM FROM: City Council EXECUTIVE SESSION: INFORMATION REQUIRED BY THE BROWN ACT: License Permit Determination 54956.7 Conference with Real Property Negotiator 54956.8 Conf w/Legal Counsel-Existing Litigation 54956.9(a) Conf w/Legal-Anticipated Lit. (exposure to) 54956.9(b)(1) Liability Claims 54956.95 Conf w/ Legal-Anticipation Lit. (city initiated) 54956.9(c) Worker’ Compensation Claims 54956.95 Threat to Public Services or Facilities 54957 Public Employee Appointment 54957 Public Employment 54957 Public Employee Performance Evaluation 54957 Public Employee Discipline/Dismissal/Release 54957 Conference with Labor Negotiator 54957.6 Report Involving Trade Secret Case Review/Planning 54957.8 Hearings Pursuant to Government Code Section (example: 54956.8, 54957.6) Applicant: Property: Negotiating Parties: Under Negotiation: Name of Case: Title (for employment items): Employee Organization (labor items): : Subject Matter: Other:

BACK-UP MATERIAL?

YES

NO

IN C.C. CONF. ROOM

REQUESTED OF COUNCIL/AGENCY BOARD: Discussion requested by Council.

Council Meeting of 7/9/2013 Page 299

Item 11

AGENDA REPORT TO CITY COUNCIL STUDY SESSION MEETING DATE:

July 9, 2013

TO:

The Mayor and City Council

TITLE:

TRAUMA INTERVENTION PROGRAM

DISCUSSION: The City Council requested a discussion regarding Trauma Intervention Program, Inc. (TIP). TIP is a national non-profit organization formed in 1985. TIP has 16 affiliates and serves over 250 cities across the nation. Each affiliate uses citizen volunteers to respond to traumatic incidents at the request of police, fire and hospital personnel to support those who are emotionally traumatized. TIP is a group of specially trained volunteers who provide emotional aid and practical support to victims of traumatic events and their families in the first few hours following a tragedy. TIP volunteers are available 24 hours a day, 365 days a year. They are called by police officers, firefighters, paramedics, and hospital personnel to assist family members and friends following a natural or unexpected death; victims of violent crime in including cluding rape, assault, robbery, or burglary; victims of fire; disoriented or lonely elderly persons; people involved in motor vehicle accidents; people who are distraught and seeking immediate support; and survivors of suicide.

Currently the City utilizes Community Service Programs (CSP) for trauma support. CSP responds at the request of the police to crime-related incidents. TIP typically responds at the request of fire personnel to non crime-related traumatic incidents (sudden death, SIDS, suicide, fatal car crashes, residential fires, death in the workplace, etc.). TIP’s major partner is usually the Fire Department, not the Police Department. The Orange County Fire Authority (OCFA) is very supportive of the program and Chief Richter supports their effort efforts s to serve the City of Buena Park. The estimated annual cost to retain TIP’s service for Buena Park is $9,775. This fee includes, but is not limited to, costs for volunteer training, insurance, equipment, and administrative personnel.

Staff and Wayne Fortin of TIP will be present at the study session to answer any questions the Council may have. Prepared by: Approved by:

Aaron France, Assistant to the City Manager Jim Vanderpool, City Manager

Presented by:

Aaron France, Assistant to the City Manager

Council Meeting of 7/9/2013 Page 300

Item 12

STUDY & EXECUTIVE SESSIONS BUENA PARK CITY COUNCIL STUDY SESSION EXECUTIVE SESSION SUMMARY SHEET MEETING DATE: July 9, 2013 TOPIC: NAMING A STREET IN HONOR OF DANIEL ACKERMAN FROM: City Council EXECUTIVE SESSION: INFORMATION REQUIRED BY THE BROWN ACT: License Permit Determination 54956.7 Conference with Real Property Negotiator 54956.8 Conf w/Legal Counsel-Existing Litigation 54956.9(a) Conf w/Legal-Anticipated Lit. (exposure to) 54956.9(b)(1) Liability Claims 54956.95 Conf w/ Legal-Anticipation Lit. (city initiated) 54956.9(c) Worker’ Compensation Claims 54956.95 Threat to Public Services or Facilities 54957 Public Employee Appointment 54957 Public Employment 54957 Public Employee Performance Evaluation 54957 Public Employee Discipline/Dismissal/Release 54957 Conference with Labor Negotiator 54957.6 Report Involving Trade Secret Case Review/Planning 54957.8 Hearings Pursuant to Government Code Section (example: 54956.8, 54957.6) Applicant: Property: Negotiating Parties: Under Negotiation: Name of Case: Title (for employment items): Employee Organization (labor items): : Subject Matter: Other:

BACK-UP MATERIAL?

YES

NO

IN C.C. CONF. ROOM

REQUESTED OF COUNCIL/AGENCY BOARD: Discussion requested by Council.

Council Meeting of 7/9/2013 Page 301

Item 12

No: 30

CITY COUNCIL POLICY STATEMENT

RESPONSIBLE DEPARTMENT:

CITY COUNCIL

CONTACT PERSON:

CITY CLERK

SUBJECT:

NAMING OF CITY STRUCTURES AND FACILITIES

It is the policy of the City of Buena Park that the naming of new and renaming of existing structures and facilities be reserved for exceptional circumstances and that the naming process comply with the guidelines set forth in this policy. Background The naming or renaming of City structures and facilities is a powerful and permanent identity for a public place. The City reserves the naming of structures and facilities to those circumstances which tradition and practice have shown to serve interests of the residents and assure a worthy and enduring legacy for the City’s public places. Criteria In considering any proposal to name or rename a structure or facility, the following shall be considered: x x x

The name shall have historical, cultural, or social significance for generations to come. The name shall engender a strong and positive image. The name shall commemorate people, places, or events that are of enduring importance to the community.

Eligibility x x

Naming a structure or facility in the memory of a deceased person cannot be considered until at least 12 months after the date of death. The person memorialized shall have made extraordinary accomplishments towards the overall quality of life to the community. Naming a structure or facility after the name of a donor may be considered when 50 percent or more of the value of land is donated or 50 percent or more of the cost of development is donated. In such cases, the naming shall not result in the undue commercialization of the structure or facility.

Authority The naming or renaming of City structures requires the approval of City Council. When a facility has reached the end of its useful life and will be replaced or substantially renovated, the replaced or renovated structure may be renamed.

Date of Council Meeting Approval:

03/13/2012

Council Meeting of 7/9/2013 Page 302

Item 13

STUDY & EXECUTIVE SESSIONS BUENA PARK CITY COUNCIL STUDY SESSION EXECUTIVE SESSION SUMMARY SHEET MEETING DATE: July 9, 2013 TOPIC: POLICY REGARDING PROCLAMATIONS AND CERTIFICATES FROM: City Council EXECUTIVE SESSION: INFORMATION REQUIRED BY THE BROWN ACT: License Permit Determination 54956.7 Conference with Real Property Negotiator 54956.8 Conf w/Legal Counsel-Existing Litigation 54956.9(a) Conf w/Legal-Anticipated Lit. (exposure to) 54956.9(b)(1) Liability Claims 54956.95 Conf w/ Legal-Anticipation Lit. (city initiated) 54956.9(c) Worker’ Compensation Claims 54956.95 Threat to Public Services or Facilities 54957 Public Employee Appointment 54957 Public Employment 54957 Public Employee Performance Evaluation 54957 Public Employee Discipline/Dismissal/Release 54957 Conference with Labor Negotiator 54957.6 Report Involving Trade Secret Case Review/Planning 54957.8 Hearings Pursuant to Government Code Section (example: 54956.8, 54957.6) Applicant: Property: Negotiating Parties: Under Negotiation: Name of Case: Title (for employment items): Employee Organization (labor items): : Subject Matter: Other:

BACK-UP MATERIAL?

YES

NO

IN C.C. CONF. ROOM

REQUESTED OF COUNCIL/AGENCY BOARD: Discussion requested by Council.

Council Meeting of 7/9/2013 Page 303

Item 13

No: 21

CITY COUNCIL POLICY STATEMENT

RESPONSIBLE DEPARTMENT:

CITY COUNCIL

CONTACT PERSON:

CITY CLERK

SUBJECT:

CERTIFICATES OF COMMENDATION, CONGRATULATIONS, AND RECOGNITION

It is the policy of the City Council to issue certificates of commendation, congratulations, and recognition. The City Council also issues letters of welcome and messages from the Mayor for certain organizations and groups. Acknowledgements are issued on the following general guidelines: RESOLUTIONS Employee Retirements Commissioners (upon leaving appointment) Department Heads (upon leaving the City) Memorial Grove Honoree Elva Liesch Hughes Laureate of the Arts Award Americana Citizen of the Year Building Dedications Legislators and Elected Officials PROCLAMATIONS Silverado Days Mayor’s Prayer Service Day Public Works Week Fire Prevention Week Police Week Special Events for Outside Agencies CERTIFICATES OF RECOGNITION Special Events for Outside Agencies (in lieu of proclamation) Accomplishments of Citizens or Organizations CERTIFICATES OF CONGRATULATIONS Eagle Scouts Anniversaries Birthdays Family Reunions Retirements from Outside Agencies Award Recipients from Outside Agencies

Date of Council Meeting Approval:

9/2/2008

Council Meeting of 7/9/2013 Page 304

Item 13

Policy Statement No. 21 Page 2 Certificates of Commendation, Congratulations and Recognition

CERTIFICATES OF COMMENDATION Heroic Acts Special Service to the City of Buena Park LETTERS OF WELCOME Conventions Held in Buena Park Large Groups Visiting Buena Park MESSAGE FROM THE MAYOR Special Event Programs / Publications Acknowledgments will be issued upon the request of any City Councilmember in accordance with the above guidelines. So that requests for certificates, letters of welcome, and messages may be expedited, only the Mayor shall be required to sign these documents, but they will be issued on behalf of the City Council as a whole.

Council Meeting of 7/9/2013 Page 305

Item 14

STUDY & EXECUTIVE SESSIONS BUENA PARK CITY COUNCIL STUDY SESSION EXECUTIVE SESSION SUMMARY SHEET MEETING DATE: July 9, 2013 TOPIC: COUNCIL COMMITMENTS AND ATTENDANCE AT VARIOUS EVENTS FROM: City Council EXECUTIVE SESSION: INFORMATION REQUIRED BY THE BROWN ACT: License Permit Determination 54956.7 Conference with Real Property Negotiator 54956.8 Conf w/Legal Counsel-Existing Litigation 54956.9(a) Conf w/Legal-Anticipated Lit. (exposure to) 54956.9(b)(1) Liability Claims 54956.95 Conf w/ Legal-Anticipation Lit. (city initiated) 54956.9(c) Worker’ Compensation Claims 54956.95 Threat to Public Services or Facilities 54957 Public Employee Appointment 54957 Public Employment 54957 Public Employee Performance Evaluation 54957 Public Employee Discipline/Dismissal/Release 54957 Conference with Labor Negotiator 54957.6 Report Involving Trade Secret Case Review/Planning 54957.8 Hearings Pursuant to Government Code Section (example: 54956.8, 54957.6) Applicant: Property: Negotiating Parties: Under Negotiation: Name of Case: Title (for employment items): Employee Organization (labor items): : Subject Matter: Other:

BACK-UP MATERIAL?

YES

NO

IN C.C. CONF. ROOM

REQUESTED OF COUNCIL/AGENCY BOARD: Discussion requested by Council.

Council Meeting of 7/9/2013 Page 306