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MINUTES
GARDEN GROVE CITY COUNCIL
Regular Meeting
Tuesday, July 12, 2022
Community Meeting Center
11300 Stanford Avenue, Garden Grove, CA 92840
CONVENE CLOSED SESSION
AT 6:00 p.m., Mayor Pro Tem D. Nguyen convened closed session.
ROLL CALL PRESENT: (5) Council Members Brietigam, O’Neill, Bui, Klopfenstein, K. Nguyen, D. Nguyen,
ABSENT: (2) Mayor Jones, Council Member O’Neill absent
at Roll Call, but joined the meeting at 6:10
p.m.
ORAL COMMUNICATIONS FOR CLOSED SESSION
Speakers: None.
Conference with Legal Counsel - Anticipated Litigation
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): Two potential cases.
Conference with Real Property Negotiators
Pursuant to Government Code Section 54956.8 for property (held concurrently with Successor Agency Closed Session)
City/Successor Agency Properties: 12241, 12261, 12271, 12291, 12311 and 12321 Harbor Boulevard; 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311 and 12321 Thackery Drive
City/Successor Agency Negotiators: Scott C. Stiles, City Manager/Executive Director; Lisa Kim, Assistant City Manager/Economic and Community Development Director
Negotiating Parties: Newage Garden Grove II, LLC; Kam Sang Company, Inc.; Ronnie Lam
Under Negotiation: To obtain direction regarding the price and terms of payment for the sale/exchange/disposition of the properties.
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ADJOURN CLOSED SESSION
At 6:35 p.m., Mayor Pro Tem D. Nguyen adjourned closed session.
CONVENE REGULAR MEETING
At 6:40 p.m., Mayor Pro Tem D. Nguyen convened the meeting in the Council Chamber with Council Members Brietigam, O’Neill, Bui, Klopfenstein, and K. Nguyen present.
INVOCATION
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ADOPTION OF A PROCLAMATION RECOGNIZING MARK MAHONEY AND SUE JEANETTE TALLMON FOR BEING NAMED 2022 STRAWBERRY BALL KING AND QUEEN/SENIOR VOLUNTEER MAN AND WOMAN OF THE YEAR (F: 83.1)(XR: 42.3)
It was moved by Council Member O’Neill, seconded by Council Member K. Nguyen that:
A Proclamation recognizing Mark Mahoney and Sue Jeanette Tallmon as the 2022 Strawberry Ball King and Queen and Senior Volunteer Man and Woman of the Year, be adopted.
The motion carried by a 6-0-1 vote as follows:
Ayes: (6) Brietigam, O’Neill, Bui, Klopfenstein, K. Nguyen, D. Nguyen
Noes: (0) None
Absent: (1) Jones
PRESENTATION - COMMUNITY SPOTLIGHT RECOGNIZING THE GARDEN GROVE STRAWBERRY FESTIVAL ASSOCIATION FOR ORGANIZING THE 2022 GARDEN GROVE STRAWBERRY FESTIVAL (F: 42.3)
PRESENTATION - COMMUNITY SPOTLIGHT HONORING MARK MAHONEY AND SUE JEANETTE TALLMON FOR BEING NAMED 2022 STRAWBERRY BALL KING AND QUEEN/SENIOR VOLUNTEER MAN AND WOMAN OF THE YEAR (F: 42.3)
ORAL COMMUNICATIONS
Speakers: Police Chief DaRé, OCFA Division Chief Roberts, and Assistant City Manager Maria Stipe reported on July 4, 2022, activities; members of the public were: Ana Parker, Maureen Blackmun, and Verla Lambert.
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Written Communications: Lynn Groff
RECESS
At 7:08 p.m. Mayor Pro Tem D. Nguyen recessed the meeting.
RECONVENE
At 7:12 p.m., Mayor Pro Tem D. Nguyen reconvened the meeting with Council Members Brietigam, O’Neill, Bui, Klopfenstein, and K. Nguyen present.
ADOPTION OF A PROCLAMATION RECOGNIZING MARK MAHONEY AND SUE JEANETTE TALLMON FOR BEING NAMED 2022 STRAWBERRY BALL KING AND QUEEN/SENIOR VOLUNTEER MAN AND WOMAN OF THE YEAR (F: 83.1)(XR: 42.3)
This matter was considered earlier in the meeting.
ACCEPTANCE OF PROJECT NO. 2163101280 REVISED - GARDEN GROVE PARK IMPROVEMENTS AT 9301 WESTMINSTER BOULEVARD, GARDEN GROVE, AS COMPLETE (F: 55-Western State Builders, Inc.) (XR: 73.5)
It was moved by Council Member O’Neill, seconded by Council Member K. Nguyen that:
Project No. 2163101280 - Garden Grove Park Improvements Revised at 9301 Westminster Boulevard, Garden Grove, be accepted as complete; The City Manager be authorized to execute the Notice of Completion of Public Works Improvement and Work; and
The Finance Director be authorized to release the retention payment when appropriate to do so
The motion carried by a 6-0-1 vote as follows:
Ayes: (6) Brietigam, O’Neill, Bui, Klopfenstein, K. Nguyen, D.
Nguyen
Noes: (0) None
Absent: (1) Jones
WARRANTS
It was moved by Council Member O’Neill, seconded by Council Member K. Nguyen that:
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Payroll deposits 00008322 through 00008944 and checks 00185041 through 00185063 inclusive have been verified by the Finance Division as properly issued and bear all proper signatures, be received and filed.
The motion carried by a 6-0-1 vote as follows:
Ayes: (6) Brietigam, O’Neill, Bui, Klopfenstein, K. Nguyen, D. Nguyen
Noes: (0) None
Absent: (1) Jones
APPROVAL TO WAIVE FULL READING OF ORDINANCES LISTED
It was moved by Council Member O’Neill, seconded by Council Member K. Nguyen that:
Full reading of ordinances listed be waived.
The motion carried by a 6-0-1 vote as follows:
Ayes: (6) Brietigam, O’Neill, Bui, Klopfenstein, K. Nguyen, D. Nguyen
Noes: (0) None
Absent: (1) Jones
PUBLIC HEARING – APPROVAL OF THE 2022 DRINKING WATER PUBLIC HEALTH GOAL REPORT (F: 112.1)
Following staff’s presentation, Mayor Pro Tem D. Nguyen declared the public hearing open and asked if anyone wished to address the City Council.
Speakers: None
There being no response from the audience, the public hearing was declared closed.
It was moved by Council Member K. Nguyen, seconded by Council Member Brietigam that:
The 2022 Drinking Water Public Health Report be approved.
The motion carried by a 6-0-1 vote as follows:
Ayes: (6) Brietigam, O’Neill, Bui, Klopfenstein, K. Nguyen, D. Nguyen
Noes: (0) None
Absent: (1) Jones
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PUBLIC HEARING - ADOPTION OF A RESOLUTION AMENDING CERTAIN USER FEES FOR COST RECOVERY (F: 60.2A)
Following staff’s presentation, Mayor Pro Tem D. Nguyen declared the public hearing open and asked if anyone wished to address the City Council.
Speakers: None
There being no further response from the audience, the public hearing was declared It was moved by Council Member K. Nguyen, seconded by Council Member Brietigam that:
Resolution No. 9762-22 entitled: A Resolution of the City Council of the City of Garden Grove, California, amending user fees for various city services, be adopted.
The motion carried by a 6-0-1 vote as follows:
Ayes: (6) Brietigam, O’Neill, Bui, Klopfenstein, K. Nguyen, D. Nguyen
Noes: (0) None
Absent: (1) Jones
AWARD A CONTRACT TO SELECT ELECTRIC, INC., FOR THE CONSTRUCTION OF PROJECT NO. 02-2022, MAIN STREET ELECTRICAL PROJECT (F: 55-Select Electric, Inc.)
Following staff introduction, it was moved by Council Member K. Nguyen, seconded by Council Member Klopfenstein that:
A contract be awarded to Select Electric, Inc., in the amount of $379,871, for the construction of Project No. 02-2022, Main Street Electrical Project between the Garden Grove Community Foundation (GGCF), Select Electric, Inc., and the City of Garden Grove; and
The City Manager be authorized to execute the contract and to make minor modifications as necessary and appropriate on behalf of the City.
The motion carried by a 6-0-1 vote as follows:
Ayes: (6) Brietigam, O’Neill, Bui, Klopfenstein, K. Nguyen, D. Nguyen
Noes: (0) None
Absent: (1) Jones
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AWARD A CONTRACT TO PROJECT FINANCE ADVISORY, LIMITED FOR THE P3
PROJECT FEASIBILITY AND PROJECT MANAGEMENT CONSULTANT SERVICES FOR THE GARDEN GROVE CIVIC CENTER PROJECT (F: 55-Project Finance Advisory)
Following staff introduction, and City Council discussion, it was moved by Council Member Klopfenstein, seconded by Council Member Bui that:
A contract be awarded to Project Finance Advisory for the P3 Feasibility and Project Management consultant services for the Garden Grove Civic Center Project, in an amount not to exceed $181,448.00; and
The City Manager be authorized to execute the agreement on behalf of the City, and make minor modifications as needed.
The motion carried by a 6-0-1 vote as follows:
Ayes: (6) Brietigam, O’Neill, Bui, Klopfenstein, K. Nguyen, D. Nguyen
Noes: (0) None
Absent: (1) Jones
APPROVAL OF A COMMERCIAL PURCHASE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS WITH KJ INVESTMENTS GROUP LLC FOR PROPERTY LOCATED AT 11277 GARDEN GROVE BOULEVARD (F: 55-KJ Investments) (XR: 84.1)
Following staff introduction and City Council discussion, it was moved by Council Member Klopfenstein, seconded by Council Member K. Nguyen that:
The Commercial Purchase Agreement and Joint Escrow Instructions with KJ Investment Group, LLC, for the acquisition of property located at 11277 Garden Grove Boulevard, in the amount of $7,999,000, and an amount of $50,000 for escrow and title related costs, be approved; and
The City Manager be authorized to execute the Purchase Agreement and Joint Escrow Instructions on behalf of the City, and make minor modifications thereto as needed.
The motion carried by a 6-0-1 vote as follows:
Ayes: (6) Brietigam, O’Neill, Bui, Klopfenstein, K. Nguyen, D. Nguyen
Noes: (0) None
Absent: (1) Jones
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INTRODUCTION AND FIRST READING OF AN ORDINANCE REAUTHORIZING THE
PUBLIC, EDUCATIONAL, AND GOVERNMENTAL FEE ON STATE VIDEO FRANCHISEES OPERATING WITHIN THE CITY OF GARDEN GROVE (F: 121.2H)
(As approved earlier in the meeting, it was moved by Council Member O’Neill, seconded by Council Member K. Nguyen, and approved by a 6-0-1 vote, that full reading of ordinances listed be waived.)
Following staff introduction and Council comments, it was moved by Council Member K. Nguyen, seconded by Council Member Klopfenstein that:
Ordinance No. 2937 entitled: An Ordinance of the City Council of the City of Garden Grove reauthorizing the public, educational, and Governmental Fee on State Video Franchisees operating within the City of Garden Grove, be passed to second reading.
The motion carried by a 6-0-1 vote as follows:
Ayes: (6) Brietigam, O’Neill, Bui, Klopfenstein, K. Nguyen, D. Nguyen
Noes: (0) None
Absent: (1) Jones
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY MANAGER
DISCUSSION REGARDING ESTABLISHING A GARDEN GROVE FILM INCENTIVE
PROGRAM IN PARTNERSHIP WITH THE GARDEN GROVE CHAMBER OF COMMERCE
AND GARDEN GROVE TOURISM IMPROVEMENT DISTRICT, AS REQUESTED BY COUNCIL MEMBER KIM NGUYEN (F: 60.2)
Council Member Kim Nguyen noted that she serves on the California Film Commission, which has brought her the opportunity to learn more about the tax incentives available for filming. She mentioned that she attended a shoot at the Santa Ana Train Station for The Mysterious Benedict Society, a Disney production for children. She learned through conversations with the production crew that filming in Garden Grove is difficult due to the radius perimeter requirements that impacts costs. She noted that there is an upcoming pilot produced by Free Form about three young Vietnamese women centered in Orange County. She was able to contact the producer who shared that there are only a few segments that were filmed at the Asian Garden Mall – Phước Lộc Thọ - due to costs associated with the 30 mile radius of filming. In conversation with the members of the Film Commission, it was suggested that she work with her City, the Chamber of Commerce, and the Tourism District to find ways to promote filming in Garden Grove. This would take work in determining places that could be used in terms of road closures and local businesses, hotels and restaurants willing to participate.
She would like the cultural aspects of Garden Grove featured through film projects
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in order to gain interest. She would like to list a feasibility study on a city council agenda in the next few months, noting that filming on the Free Form pilot could be picked up and would want to start filming soon.
Mayor Pro Tem D. Nguyen stated that she would like to make a motion to study the feasibility and to partner with the Chamber and Tourism District and asked if this would affect the City’s budget.
Council Member K. Nguyen expressed that she was not sure but indicated the need for local hotels to provide block rates.
Council Member Bui suggested looking at costs and comparisons to other cities and counties to determine how to incentivize filming.
Council Member K. Nguyen noted that throughout California, there are rules tied to union labor and includes a 30-mile radius outside of Los Angeles whereby lodging and food is required to be provided by production companies to cast and crew members. She expressed that incentivizing filming in Garden Grove could be a good opportunity and suggested streamlining the process on the City’s website for obtaining permits as well as partnering with local businesses.
Council Member Brietigam seconded Mayor Pro Tem D. Nguyen’s motion, and stated he would like to see this opportunity expand beyond Garden Grove’s Vietnamese cultural centers.
The motion to list for future action, a feasibility study to incentivize filming in Garden Grove, carried by a 6-0-1 vote as follows:
Ayes: (6) Brietigam, O’Neill, Bui, Klopfenstein, K. Nguyen, D. Nguyen
Noes: (0) None
Absent: (1) Jones
DISCUSSION ABOUT ADVANCEMENT OF A FUTURE NAVIGATION CENTER AS REQUESTED BY CITY MANAGER STILES (F: 117.15B)
Assistant City Manager/Community and Economic Development Director, Lisa Kim, provided a PowerPoint presentation highlighting the steps taken to address the homelessness crisis. Comprehensive information is available on the City’s website at https://ggcity.org/endhomelessness
The online dashboard includes: The Memorandum of Understanding between the Cities of Garden Grove, Westminster, and Fountain Valley, a collaborative effort on establishing a Navigation Center; webinars in partnership with local non-profits including United Way; Community Outreach and Engagement; a Comprehensive Strategic Five-Year Roadmap to address homelessness; Resources for ending
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homelessness; links for the community to get involved to be part of a coalition to address homelessness; a graph with statistics; the Police Department’s Special Resource Team; PowerPoint presentations provided to the City Council; and the Be Well OC Mobile Response Team.
Locating a Navigation Center has been a challenge as light industrial real estate is in very high demand; however, staff is working with an industrial real estate broker seeking off-market properties with the goal of bringing forward a site for City Council approval in August.
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY MANAGER (Continued)
Council Member Kim Nguyen asked for an update on the homeless encampments located near the 22 freeway ramps in District 6; the 99 Cents Store has cleaned up their trash area; however, they are receiving deliveries at 3:00 a.m. which is disturbing the residents living adjacent. She asked that staff check with the store manager and ensure compliance with the delivery ordinance; and she asked for staff to review the direction of the lighting that was installed to deter homeless activity that is now directed onto residential properties. She asked that parks restroom closures be listed on a future agenda as well, and noted other cities have been putting up temporary facilities with hand wash stations. The restrooms have been closed for several years, which is not fair to the public.
Council Member Klopfenstein thanked Public Works for installing new turf at West Haven Park and she thanked the residents for their patience while the park has been under improvements. She noted a Vector Control update that typhus from fleas has been infecting wild animals, and she cautioned everyone to take extra precautions with their children, pets, and yards for ticks and fleas.
Council Member Bui reported that his trip to ICSC in May was very successful, and there was interest from multiple developers from both inside and outside California.
He expressed concern for the passage of SB 357, which decriminalizes loitering and undermines the enforcement of laws preventing prostitution. He expressed concern for an uptick of prostitution taking place in the tourist district as it had been in the past, and he would like to list this on a future agenda for discussion and recommendations for mitigating potential outcomes as a result of SB 357.
Council Member O’Neill agreed that he is opposed to anyone standing, for example, on a median, that could impose a safety hazard.
Council Member Brietigam noted a decrease overall in solicitation taking place on the public sidewalks as more of that activity is done through social media.
Council Member Bui expressed concern this bill will hamper law enforcement’s efforts and he motioned to add an urgency matter for the purpose of listing an
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action item for discussion to request the City Attorney to provide recommendations to mitigate potential effects of SB 357. Council Member Brietigam seconded the motion.
Council Member K. Nguyen suggested working with the League of California Cities on this matter.
The motion carried by a 6-0-1 vote as follows:
Ayes: (6) Brietigam, O’Neill, Bui, Klopfenstein, K. Nguyen, D. Nguyen
Noes: (0) None
Absent: (1) Jones
Council Member Brietigam stated that the City can do better addressing the need to keep park restrooms open and that our citizens should not have to do without. He suggested that there are simple methods that can be used to accommodate the residents. He noted that Eastgate Park restrooms have been vandalized at least twice in the early morning hours due to staff not locking up the restrooms. He asked why it takes Garden Grove 30 to 60 days for a building inspection, which he feels is too long based on what he has learned of other cities and that this has been a common complaint. He challenged city staff to address these issues and do better, and that if more money is needed for extra staffing, that staff ask the City Council to allocate funding. He noted that he personally funded a catalytic converter engraving event at the Grease Monkey Garage where about 120 cars came through from every city district. He offered the engraving equipment to his colleagues for having an event in their respective districts.
Council Member O’Neill noted in response to Ana Parker who spoke under public comments that he has been to Ms. Parker’s home a few times. Ms. Parker’s neighbors who have built an addition and fence have had a surveyor map the property line. He understands the difficulty of having new neighbors make changes by adding to their homes; however, City staff, as well as an engineering surveyor, have inspected the home, the property and the fence which meets code. He expressed that he is looking forward to the State of the City coming up on July 13th.
He noted that since the homeless encampments on the Santa Ana riverbed were disbanded, surrounding communities have experienced issues within their park restrooms. The vandalism at park restrooms has been so bad that it became unaffordable to keep them open. He noted that he is optimistic that park restrooms can be reopened, maintained, and scheduled for opening and closing times, and that the City Council is responsible to direct staff and to allocate funding. He wished Council Member K. Nguyen an early birthday.
Mayor Pro Tem D. Nguyen agreed that the City can do better with providing accessibility to the park restrooms. Many residents visit the park for a variety of activities and the restrooms are a necessity. She asked for the public’s help as
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well, asking them to report issues in their parks and to keep their restrooms clean.
She thanked the Special Resource Team for addressing hotspots in District 3, and commented they have been doing excellent work. She wished Council Member K.
Nguyen an early birthday.
City Manager Stiles announced the State of the City to take place on July 13, 2022, at noon at the Hyatt on Chapman Avenue. The video of the event and the Mayor’s speech will be posted on the City’s website following the event. He noted that the City Council meeting scheduled for July 26, 2022, will be cancelled, and the next meeting will be on August 9, 2022. The National Night Out hosted by the Garden Grove Police Department will be held on August 2, 2022, from 5:00 p.m. to 8:00 p.m. with details on the event are posted on the City’s website.
City Attorney Sandoval stated that no reportable action was taken on the Closed Session item listed on the City Council Closed Session agenda concurrently with the City of Garden Grove as Successor Agency to the Agency for Community Development agenda for real property negotiations. For the matter listed on the City Council Closed Session agenda regarding the initiation of litigation, the City Attorney was authorized by the City Council to commence receivership on property located at 12272 Tamerlane Drive, Garden Grove.
ADJOURNMENT
At 8:47 p.m., Mayor Pro Tem D. Nguyen adjourned the meeting. The next Regular City Council Meeting is scheduled for Tuesday, August 9, 2022, at 5:30 p.m. at the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California.
Teresa Pomeroy
City Clerk