MINUTES OF CITY COUNCIL MEETING
OF THE CITY OF BUENA PARK
HELD MARCH 26, 2024
Vol. 54 Pg. 56
1. GENERAL
The City Council met in a regular session on Tuesday, March 26, 2024, at 5:00 p.m. in the City Council Chamber of the Civic Center, 6650 Beach Boulevard, Buena Park, California, Mayor Sonne presiding.
1A. CALL TO ORDER
1B. ROLL CALL
PRESENT: Brown, Castañeda, Traut, Ahn, Sonne
ABSENT: None
Also present were: Aaron France, City Manager; Chris Cardinale, City Attorney; and, Adria M. Jimenez, MMC, Director of Government and Community Relations/City Clerk. 1C. INVOCATION
The Invocation was led by Jonathan Lee, BPPD Police Chaplain. 1D. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Adrian Garcia, Finance Manager. 1E. CITY MANAGER REPORT
City Manager France reported the following:
• Middle and High School Art Show Awards and Reception, Thursday, April 4, 2024, 6:00 p.m., Buena Park Council Chamber
• All City/Schools Track and Field Meet, Friday, April 5, 2024, 5:00 p.m., Buena Park High • First Time Homebuyer Resource Fair, Saturday, April 6, 2024, 9:00 a.m. - 12:00 p.m., Buena Park Community Center
2. PRESENTATIONS
2A. INVITATION TO SPRING EGGSTRAVAGANZA
Community Services Coordinator Michelle VanSickle invited the community to the Spring Eggstravaganza scheduled for Saturday, March 30, 2024, at the Boisseranc Park. The event will begin at 8:00 a.m. with a Pancake Breakfast hosted by the Buena Park Noon Lions Club, followed by activities that will be open from 9:00 a.m. to 12:00 p.m. The Spring bunny will be present to take photos with event attendees. Community Services Coordinator VanSickle also thanked the sponsors Orange County Power Authority, Merchant Landscape Services, and WC Management for making the event possible.
3A. ORAL COMMUNICATIONS
Mayor Sonne announced the public may at this time address the members of the City Council on any matters within the jurisdiction of the City Council.
Jesus Alfredo Navejas spoke regarding his concerns about pressures on Amazon delivery drivers and sought City Council's help to address such concerns.
There being no additional requests to speak, Mayor Sonne closed oral communications.
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4. CONSENT CALENDAR (4A - 4I)
Mayor Sonne announced that Consent Calendar Item Nos. 4A through 41 would be acted upon MOTION: Castañeda
SECOND: Traut
AYES: Castañeda, Traut, Ahn, Brown, Sonne
NOES: None
MOTION CARRIED that all actions recommended on Consent Calendar Item Nos. 4A - 41 be approved.
Minutes
4A. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes of the Special and Regular City Counc Meetings of March 12, 2024
APPROVED the recommended action.
Finance 75
RESOLUTIONS APPROVING CLAIMS AND DEMANDS
Recommended Action: Adopt Resolutions approving Claims and Demands.
ADOPTED the following titled resolutions:
RESOLUTION NO. 14818
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $5,866,926.39 DEMAND NOS. 423757 THROUGH 423993 CANCELLED NOS. 422537, 422995, AND 423382 RESOLUTION NO. 14819
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $24,315.26 COVERING RETIREE PAYROLL ENDING FEBRUARY 29, 2024
RESOLUTION NO. 14820
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $966,273.29 COVERING REGULAR PAYROLL ENDING MARCH 1, 2024
Reports & Studies 129
4C. TREASURER'S REPORT FOR THE MONTH OF FEBRUARY 2024
Recommended Action: Receive and file the reports.
APPROVED the recommended action.
Minutes March 26, 2024 Vol. 54 Pg. 58
Parking 109
4D. ADOPT A RESOLUTION TO REESTABLISH EXISTING PARKING RESTRICTIONS ON
THE EAST SIDE OF VALLEY VIEW STREET BETWEEN LA PALMA AVENUE AND LA CANADA CIRCLE TO ALLOW FOR A 30-FOOT LOADING ZONE AT 7860 VALLEY
VIEW STREET
Recommended Action: 1) Adopt a resolution to rescind Resolution No. 5771; 2) Reestablish existing parking restrictions on the east side of Valley View Street between La Palma Avenue and La Canada Circle; and, 3) Create a 30-foot loading zone at 7860 Valley View Street.
APPROVED the recommended action and ADOPTED the following titled resolution:
RESOLUTION NO. 14821
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, RESCINDING RESOLUTION NO. 5771, AMENDING RESOLUTION NO. 3202, AS AMENDED, WHICH IS THE CITY'S TRAFFIC RESOLUTION, BY AMENDING SECTION 5 THEREOF Contracts 70 C-3524 Public Works Proj. 125 PW-952 Budgets 47 CHANGE ORDER NO. 2 WITH RMS CONSTRUCTION FOR THE SENIOR CENTER
PICKLEBALL COURT PROJECT
Recommended Action: 1) Approve Change Order (CO) No. 2 in the amount of $14,831.13 for the Senior Center Pickleball Court Project; 2) Authorize a budget transfer in the amount of $13,000 from the Senior Center Interior Development Fund Account for this purpose; and, 3) Authorize the Director of Public Works to execute CO No. 2.
APPROVED the recommended action.
Contracts 70 C-3487 Public Works Proj. 125 PW-936
FINAL PAYMENT FOR THE PHASE 2 TRAIL IMPROVEMENTS SCE CORRIDOR
PROJECT
Recommended Action: 1) Accept project as complete and approve final payment to CS Legacy Construction, Inc. in the amount of $44,198.05; and, 2) Authorize the Public Works Department to file a Notice of Completion.
APPROVED the recommended action.
Contracts 70 C-3504 Public Works Proj. 125 PW-945 Budgets 47 4G. FINAL PAYMENT FOR THE CERRITOS AVENUE FRONTAGE ROAD
REHABILITATION PROJECT
Recommended Action: 1) Accept project as complete and approve final payment to Onyx Paving Company, Inc. in the amount of $46,075; 2) Authorize the Public Works Department to file a Notice of Completion; and, 3) Approve a budget transfer in the amount of $33,683.50 from the La Palma Turn Lane Extension CIP account (21- 3914- 599700).
APPROVED the recommended action.
City Council 55 Community Services 108
4H. APPROVAL TO RENAME THREE CITY PARKS: SMITH MURPHY PARK, CHARLES A. LINDBERGH PARK AND SAN MARINO PARK
Recommended Action: 1) Approve the renaming of Smith Murphy Park to Friendship Park, Charles A. Lindbergh Park to Bessie Coleman Park, and San Marino Park to Heroes Park.
APPROVED the recommended action.
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Budgets 47
BUDGET AMENDMENT TO CULTURAL PROGRAMS BUDGET FOR MEMORIAL DAY
REMEMBRANCE SERVICE AND JUNETEENTH CELEBRATION
APPROVED the recommended action.
END OF CONSENT CALENDAR
5. NEW BUSINESS (5A)
No Items.
RECESS/RECONVENE
Mayor Sonne recessed the meeting at 5:57 p.m. and announced the meeting would be reconvened in the City Council Chamber. The meeting was reconvened at 6:02 p.m.
6. PUBLIC HEARING
Codes 64 Contracts 70 C-3528
ADOPT AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT; ADOPT RESOLUTIONS APPROVING VARIANCE AND SITE PLAN REVIEW; AND, APPROVE
THE PURCHASE AND SALE AGREEMENT FOR A NEW HOTEL DEVELOPMENT PROJECT AT 7860 BEACH BOULEVARD
Recommended Action: 1) Adopt an Ordinance approving Development Agreement (DA- 23-1) and Resolutions approving Variance (V-23-2) and Site Plan Review (SP-24-3) for the development of a six-story, 140-room hotel development at 7860 Beach Boulevard; 2) Approve the Purchase and Sale Agreement (PSA) between the City of Buena Park and KB Acquisitions, LLC, for the sale of City-owned property located at 7860 Beach Boulevard; 3) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; and, 4) Authorize the City Manager and City Clerk to execute the agreement.
Item taken out of order.
Director of Community and Economic Development Foulkes provided a report regarding a new hotel development project at 7860 Beach Boulevard. The proposed project consists of a six- story, 140-room Hilton (Home-2-Suites) hotel, parking, and supporting amenities. Director Foulkes discussed the entitlements required for the project which include a development agreement, variances, and a site plan review. Director Foulkes explained the Purchase and Sale Agreement between the City of Buena Park and KB Acquisitions, LLC. At the request of the City, the buyer will provide the City with project financing, sources of funds and a project budget to confirm that it has adequate financial capacity to complete the project. The City has also required a Declaration of Construction Covenants and a Schedule of Performance. These documents will provide the City with reasonable assurance that construction activities commence promptly following the close of escrow, and once started, are completed in a timely manner. Furthermore, Director Foulkes noted that the proposed hotel is consistent with the Tourist-Entertainment General Plan land use designation and the permitted uses in the Entertainment Corridor Specific Plan, Sub-District C1 (a) Zoning.
Mayor Sonne stated that this was the time and place for a public hearing to consider an Ordinance approving a Development Agreement (DA-23-1) and Resolutions approving Variance (V-23-2) and Site Plan Review (SP-24-3); and approve the Purchase and Sale Agreement with KB Acquisitions, LLC regarding the sale of City-owned property and for a new development project located at 7860 Beach Boulevard. Mayor Sonne opened the public hearing and inquired if anyone present desired to speak.
Director of Government and Community Relations/City Clerk Jimenez acknowledged that the City received 107 email correspondences in opposition to the development at 7860 Beach Boulevard, which were provided to all Council Members.
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The following individuals spoke in opposition to the development at 7860 Beach Boulevard:
Brian Flynn (via Zoom)
Teresa Garcia
• Yadira Carrion
Yosiro Carrion
Juan Munoz
• Barbara Farrell
Jack Miranda
Liza Rodriguez
Sam Vance
Elisa Ruiz
Adam Overton
• Grace
Xavier
• Jordan Sisson
Tony Hama, KB Acquisitions, LLC Management Director, spoke about the jobs that the project is going to create and their plans for the site.
There being no additional requests to speak, Mayor Sonne closed the public hearing.
Council Member Traut asked about the developer's submission of the land use application; an approximate per year estimate for Transient Occupancy Tax (TOT) from the proposed use; interest received for housing during the Surplus Land Act listing period; decision on building an extended stay hotel; proposed building design; and, feasibility of a long-term lease.
Director Foulkes explained that the land use application was submitted prior to the extended deadline of the Exclusive Negotiating Agreement. The TOT for the City is 12%. Therefore, the estimated TOT revenue from this project would be approximately $600,000 to $750,000 per year. Director Foulkes indicated that the City did not receive any interest in acquiring the site for affordable housing.
Mr. Hama stated that extended stay hotel is the most stable and profitable. Therefore, they decided to proceed with such project. It was noted, however, that a long-term lease is not feasible. As for the building design, Mr. Hama explained that this is due to the Home2 Suites by Hilton prototype design they are envisioning for this property.
The City Council commented about the color and design of the building, and requested that the developer reconsider the colors of the building to a more modern-looking design.
Vice Mayor Ahn asked about the rate of the hotel rooms, and the demand of a new hotel in the City.
Mr. Hama indicated that the rate will be largely driven by demand. Additionally, Hilton's reservation system will determine the rate of the hotel rooms based on the time of year.
Council Member Castañeda asked about the infill requirements for air quality. Council Member Castañeda also explained his reasons for opposing the approval of the new development project at 7860 Beach Boulevard.
Mayor Sonne asked about parking requirements on the property and staff's plan in case of parking overflow.
Director Foulkes explained the California Building Codes requirements related to air quality, as well as the California Resources Board and the Air Quality Management District which specifies standards for construction equipment. All of which are applicable to the project for the construction period. Staff completed a full air quality analysis on the prior hotel project and determined the project to be exempt. Therefore, staff did not complete an air quality analysis for this project. In regards to parking, a parking analysis was conducted back in 2016 and its finding led staff into a determination of approving 121 spaces on site. In the event that additional parking spaces are needed, overflow options are available.
Council Member Brown, Council Member Traut, Mayor Sonne, and Vice Mayor Ahn spoke in support of the approval of the new development project.
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MOTION: Traut
SECOND: Brown
AYES: Traut, Brown, Ahn, Sonne
NOES: Castañeda
MOTION CARRIED to adopt the following titled ordinance and resolutions:
ORDINANCE NO. 1735
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. DA-23-1 FOR THE DEVELOPMENT OF A SIX-STORY, 140-ROOM HOTEL WITH ASSOCIATED PARKING AND SITE IMPROVEMENTS AT 7860 BEACH BOULEVARD AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE SAME ON BEHALF OF THE CITY OF BUENA PARK
RESOLUTION NO.14822
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, APPROVING VARIANCE NO. V-23-2 TO ALLOW FOR A REDUCTION IN REQUIRED OFF-
STREET PARKING, A REDUCTION IN LANDSCAPE SETBACK AND TO ALLOW THE
BUILDING TO EXCEED THE MAXIMUM PERMITTED HEIGHT FOR THE DEVELOPMENT OF A SIX-STORY, 140-ROOM HOTEL AND AMENITIES AT 7860 BEACH BOULEVARD, WITHIN
THE ECSP (ENTERTAINMENT CORRIDOR SPECIFIC PLAN) LAND USE SUB-DISTRICT C- 1A, AND MAKING FINDINGS IN SUPPORT THEREOF
RESOLUTION NO.14823
À RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, APPROVING A SITE PLAN REVIEW FOR THE DEVELOPMENT OF A SIX-STORY, 140- ROOM HOTEL, PARKING AND AMENITIES AT 7860 BEACH BOULEVARD AND MAKING
FINDINGS IN SUPPORT THEREOF
MOTION: Brown
SECOND: Traut
MOTION TO approve the Purchase and Sale Agreement (PSA) between the City of Buena Park and KB Acquisitions, LLC, for the sale of City-owned property located at 7860 Beach Boulevard.
MOTION: Brown
SECOND: Traut
AYES: Brown, Traut, Ahn, Sonne
NOES: Castañeda
MOTION CARRIED to approve the Purchase and Sale Agreement (PSA) between the City of Buena Park and KB Acquisitions, LLC, for the sale of City-owned property located at 7860 Beach Boulevard.
ORDINANCE ADOPTING TEXT AMENDMENT NO. C-24-2 TO REVISE TITLE 19 OF
THE BUENA PARK MUNICIPAL CODE REGARDING DEVELOPMENT STANDARDS
FOR ACCESSORY DWELLING UNITS (ADUS) AND JUNIOR ACCESSORY
DWELLING UNITS (JADUS)
Recommended Action: 1) Conduct a public hearing; and, 2) Make certain findings and adopt an Ordinance amending Title 19 (Zoning) of the Buena Park Municipal Code (BPMC) in specified Section 19.348.010 related to Accessory Dwelling Units and Junior Accessory Dwelling Units within Single-Family and Multifamily residential zones.
Senior Planner McAleese provided a report regarding a consideration to adopt an Ordinance amending Title 19 (Zoning) of the Buena Park Municipal Code. The City's current Zoning Code does not satisfy requirements of AB 2221, SB 879, and AB 976. Therefore, staff is proposing a zoning text amendment to update the development standards and requirements for ADUs and JADUs Citywide for single-family residential, multifamily residential, and residential mixed-use developments. In addition to the development standards, the proposed zoning text amendment also includes minor adjustments to clarify sections of the code applicable to ADU/JADUs.
Associate Planner McAleese discussed the specific provisions of the proposed ordinance and how the proposed code amendments will bring the City's ADU regulations into compliance with state law.
Minutes March 26, 2024 Vol. 54 Pg. 62
public hearing and inquired if anyone present desired to speak.
Barron Night, Buena Park resident, spoke regarding potential parking issues due to building ADUs and JADUs.
City Attorney Cardinale explained state law prohibits cities from requiring additional parking spaces for these units, and that the item before the City Council is a code update to comply with state law.
There being no additional requests to speak, Mayor Sonne closed the public hearing.
MOTION: Castañeda
SECOND: Traut
AYES: Castañeda, Traut, Ahn, Brown, Sonne
NOES: None
MOTION CARRIED to approve the recommended action and ADOPTED the following titled Ordinance:
ORDINANCE NO. 1736
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, AMENDING SECTION 19.348.010 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS) OF TITLE 19 (ZONING) OF THE BUENA PARK
MUNICIPAL CODE
7. MAYOR/CITY COUNCIL REPORTS AND CALENDAR
7A. REPORT
a Bright Futures grant funding for schools in Buena Park. Lastly, Council Member Castañeda calendared a discussion regarding a hotel development incentive program, and an update on tenant protections.
Vice Mayor Ahn indicated her participation in the March 2024 Sister City and Friendship City trip to South Korea, and a full report will be discussed at the April 9, 2024 City Council meeting.
Council Member Brown reported the following:
• March 16 49th Americana Awards
• March 18 LOSSAN Rail Corridor Board Meeting
• March 19 - 20 SCAG Sacramento Legislative Summit
March 21 Presentation to Gurudevshri Rakeshji at the JAIN Center Council Brown reported attending the March 19 - 20, 2024, SCAG Sacramento Legislative Summit wherein the group visited 18 assembly members, 10 senators, and one legislative analyst's office to discuss the state's current fiscal health. Council Member Brown also indicated speaking with Congresswoman Steel and was informed that there will be no earmarks for members of congress this year.
Council Member Traut reported the following:
• March 16 Centralia Elementary School District's First Career Leadership Seminar • March 19 OCPA Board Meeting
• March 20 OCFA Board Meeting
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Council Member Traut acknowledged Dr. Dominic Nguyen for his appointment as Director of Innovation and Expanded Learning at Centralia Elementary School District. In addition, Council Member Traut reported attending the March 19, 2024 Orange County Power Authority Board meeting wherein the Board voted to appoint Joe Mosca as permanent CEO, and approved to ratify rates that would benefit its customers. Finally, Council Member Traut announced that he was reappointed as Vice Chair of the Orange County Fire Authority Legislative and Public Affairs Committee.
Mayor Sonne indicated her participation in the March 2024 Sister City and Friendship City trip to South Korea, and a full report will be discussed at the April 9, 2024 City Council meeting.
8. RECESS/RECONVENE
Mayor Sonne recessed the meeting at 7:24 p.m. and announced the meeting would be reconvened in the City Council Chamber. The meeting was reconvened at 7:34 p.m.
9. STUDY SESSION (9A - 9B)
9A. DISCUSS AND PROVIDE DIRECTION ON A COMMERCIAL CORRIDOR BLIGHT ABATEMENT AND FAÇADE IMPROVEMENT PROGRAM
Director of Community and Economic Development Foulkes provided a report regarding a potential development of a commercial corridor blight abatement and façade improvement program. Director Foulkes indicated that while many commercial and industrial property owners and/or businesses do an excellent job in maintaining their properties, there are others who have allowed their properties to deteriorate which cause commercial blight, such as graffiti, vacant storefronts, dead/missing/overgrown landscaping, and broken windows to name a few. Director Foulkes also discussed the impacts of commercial blight, prior façade improvement program, i oats, angle programs for ales such as Los Alami façade improvement goals, example programs for cities such as Los Alamitos, Long Beach, Carson, and South Gate. Staff sought City Council direction on the next steps of the program. If the City Council decides to proceed with a formal adoption of the program, staff would come back to the City Council at a subsequent meeting for guidelines consideration and budget allocation.
Council Member Castañeda asked about funding sources for the commercial corridor blight abatement and façade improvement program, and suggested to reach out to outside agencies to support such program.
Director Foulkes indicated that funding options for this program would come from the Economic Development Fund and the General Fund, and that there are not a lot of grants available to fund such a program.
Council Member Ahn provided recommendations of establishments that would benefit from this program, and proposed a collaboration with the North Orange County Chamber of Commerce and the Korean American Chamber of Commerce Orange County.
Council Member Traut asked about specific locations to focus initial efforts for the program.
Director Foulkes explained that starting with specific locations might be problematic. Therefore, staff recommended to begin the process with an open call for applications and then develop a scoring criteria to rank the applications. Moreover, Director Foulkes indicated that the funds will not be expended all at once. There will be an opportunity to evaluate the program in various stages.
Following the discussion, the City Council directed staff to draft a program guideline and budget allocation, and present to the City Council for consideration and approval at a subsequent City Council meeting.
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9B. DISCUSS AND PROVIDE DIRECTION ON THE RENOVATION OF THE PEAK PARK
POOL BUILDING
Item taken out of order.
Director of Public Works/City Engineer Mikhael provided a report regarding the renovation of the Peak Park Pool building. Director Mikhael discussed the brief background of the project and its current conditions. Staff sought City Council direction on the Phase II Improvements in the feasibility study, and provided three recommendations with its respective cost estimate for the City Council to consider.
Council Member Castañeda asked about funding sources for Option 3.
Mayor Sonne asked about the current condition of existing pool equipment; the timeline of the need to repair or replace them; and, the existing ADA issues.
Vice Mayor Ahn asked about Option 3 causing to expand the current square footage of the building.
Director Mikhael explained that the funding would come from the General Fund. Director Mikhael also indicated that staff rebuilt the pump and motor system last year, and secured a spare which is being stored at the yard. Additionally, the new design includes the two new pumps already installed wherein one would serve as a backup in the event the other breaks. As for the ADA issues, residents are unable to access the pool through the front lobby entrance due to the ramp not being ADA compliant. Therefore, residents utilize the locker rooms to enter into the pool area. Lastly, Director Mikhael explained that the additional space included in Option 3 would be allocated for a brand new use, such as a staff break room or lifeguard viewing area.
Council Member Brown spoke in support of moving forward with Option 3, and stated that the project should not be done in phases due to lack of funding.
City Manager France indicated that staff will explore grant funding available to assist with the completion of the project. City Manager France also sought City Council direction on whether or not to complete Option 3 in phases.
Director Mikhael explained that based on similar projects, staff could address the option that requires immediate attention first, and revisit other areas when funding becomes available.
Council Member Traut stated his concerns about the cost of completing the project and using the General Fund Reserves.
Director of Finance Hyun explained that the City will have a general fund reserve worth approximately $36 million at the end of the fiscal year. This is still within the 20%-25% threshold per City Council Policy.
Following the discussion, the City Council directed staff to proceed with Options 1, 2, and 3 as recommended.
10. CITY MANAGER REPORT
City Manager France indicated that he will be out of the office for a few days, and Assistant City Manager Fenton is available to assist if needed. Additionally, City Manager France advised the City Council to check their availability for the second meeting in April.
11. COMMISSION & COMMITTEE UPDATES
Director of Government and Community Relations/City Clerk announced Mayor Sonne's appointment of Ms. Alicia De La Luz to the Cultural Engagement Commission, and Council Member Traut's reappointment of Mr. Barry Ross to the Navigation Center Oversight Commission.
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12. ADJOURNMENT
There being no further business, Mayor Sonne adjourned the meeting at 8:28 p.m.
Genou
Mayor
ATTEST: