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MINUTES
GARDEN GROVE CITY COUNCIL
Regular Meeting
Tuesday, August 23, 2022
Community Meeting Center
11300 Stanford Avenue, Garden Grove, CA 92840
CONVENE CLOSED SESSION
AT 5:30 p.m., Mayor Jones convened closed session.
ROLL CALL PRESENT: (6) Council Members Brietigam, K. Nguyen, Bui, Klopfenstein, D. Nguyen, Mayor Jones
ABSENT: (1) Council Member O’Neill
ORAL COMMUNICATIONS FOR CLOSED SESSION
Speakers: None.
Conference with Real Property Negotiators
Pursuant to Government Code Section 54956.8
City Property: Willowick Golf Couse, 3017 W. 5th Street, Santa Ana, California City Negotiators: Scott C. Stiles, City Manager; Lisa Kim, Assistant City Manager/Community and Economic Development Director.
Negotiating Parties: Ryan Aeh, Willowick Community Partners; Trae Rigby, McWhinney; Robin Mark, Trust for Public Land.
Under Negotiation: To obtain direction regarding the price and terms of payment for the sale/lease/exchange/disposition of the property.
Conference with Real Property Negotiators (Closed Session Item held concurrently with the Successor Agency.)
Pursuant to Government Code Section 54956.8
City Properties: 12251, 12261, 12281 and 12321 Thackery Drive, Garden Grove, California.
Successor Agency Properties: 12311 Thackery Drive, Garden Grove, California.
City/Successor Agency Negotiators: Scott C. Stiles, City Manager/Executive Director; Lisa Kim, Assistant City Manager/Community and Economic Development Director.
Negotiating Parties: Newage Garden Grove, LLC, Kam Sang Company, Inc.
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Under Negotiation: To obtain direction regarding the price and terms of payment for the sale/exchange/disposition of the properties.
ADJOURN CLOSED SESSION
At 6:25 p.m., Mayor Jones adjourned closed session.
CONVENE REGULAR MEETING
At 6:30 p.m., Mayor Jones convened the meeting in the Council Chamber with Council Members Brietigam, Bui, Klopfenstein, K. Nguyen, and D. Nguyen present.
RECESS
At 6:32 p.m. Mayor Jones recessed the meeting.
RECONVENE
At 6:36 p.m., Mayor Jones reconvened the meeting in the Council Chamber with Council Members Brietigam, O’Neill, Klopfenstein, K. Nguyen, and D. Nguyen present.
INVOCATION
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
COMMUNITY SPOTLIGHT IN RECOGNITION OF THE CITY OF HOPE ORANGE COUNTY
LENNAR FOUNDATION CANCER CENTER
COMMUNITY SPOTLIGHT IN RECOGNITION OF THE WEST GROVE SCRAPPERS FOR THEIR 2022 CENTRAL “C” DISTRICT CHAMPIONSHIP
ADOPTION OF A PROCLAMATION RECOGNIZING SEPTEMBER AS HUNGER ACTION MONTH IN GARDEN GROVE (F: 83.1-2022)
Mayor Jones pulled this item forward, and motioned to adopt the Proclamation recognizing September as Hunger Action Month. The motion was seconded by Council Member Bui, and carried by a 6-0-1 vote as follows:
Ayes: (6) Brietigam, Bui, K. Nguyen, Klopfenstein, D.
Nguyen, Jones
Noes: (0) None
Absent: (1) O’Neill
Following the vote, Mark Lowry, Director of the Orange County Food Bank, addressed the City Council and thanked them for the recognition.
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DISCUSSION ON THE ADOPTION OF A PROCLAMATION CELEBRATING AUGUST 2022
AS AMERICAN MUSLIM APPRECIATION AND AWARENESS MONTH IN GARDEN GROVE, AS REQUESTED BY MAYOR PRO TEM DIEDRE THU-HA NGUYEN (F: 83.1-2022)
Mayor Pro Tem Diedre Thu-Ha Nguyen pulled this item forward, and motioned to adopt the Proclamation celebrating August 2022 as American Muslim Appreciation and Awareness Month in Garden Grove, and that this Proclamation be listed annually.
The motion was seconded by Council Member Bui and carried by a 6-0-1 vote as follows:
Ayes: (6) Brietigam, Bui, K. Nguyen, Klopfenstein, D.
Nguyen, Jones
Noes: (0) None
Absent: (1) O’Neill
Following the vote, Dr. Muzammil Siddiqi, Religious Director of the Islamic Society of Orange County (ISOC) addressed the City Council and thanked them for the recognition.
RECESS
At 6:55 p.m. Mayor Jones recessed the meeting.
RECONVENE
At 7:05 p.m., Mayor Jones reconvened the meeting in the Council Chamber with Council Members Brietigam, Bui, Klopfenstein, K. Nguyen, and D. Nguyen present.
ORAL COMMUNICATIONS
Speakers: Ana Parker, Tom Raber, Katy Finch, Ernesto Medrano, Darrin Lee, Tuan Bui, Ernesto Rodriguez, Andrew White, Cerise Smith, Isabel Stevens, Luis, Doug Mangione, John Escobedo, Kyle Mason.
Speakers in opposition to the proposed Nickelodeon Hotel project: Bridget McConaughy, Allison Vo, Paige Patterson, Melissa Partida, Jordan Sisson, Maria Ortiz, Nora Fedor.
Written Communications: Jordan Sisson, representing UNITE HERE Local 11 and Marlene Perez in opposition to the proposed Nickelodeon Hotel project.
RECESS
At 7:43 p.m. Mayor Jones recessed the meeting.
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RECONVENE
At 7:51 p.m., Mayor Jones reconvened the meeting in the Council Chamber with Council Members Brietigam, Bui, Klopfenstein, K. Nguyen, and D. Nguyen present.
ADOPTION OF A PROCLAMATION RECOGNIZING SEPTEMBER AS HUNGER ACTION MONTH IN GARDEN GROVE (F: 83.1-2022)
This matter was heard earlier in the meeting.
AUTHORIZE ISSUANCE OF A PURCHASE ORDER TO NATIONAL AUTO FLEET GROUP
FOR A NEW POLICE DEPARTMENT VAN
It was moved by Council Member Klopfenstein, seconded by Council Member Brietigam that:
The Finance Director be authorized to issue a purchase order in the amount of $34,714.08 to National Auto Fleet Group for the purchase of one (1) new Community Services Department Park Patrol pickup truck.
The motion carried by a 6-0-1 vote as follows:
Ayes: (6) Brietigam, Bui, K. Nguyen, Klopfenstein, D.
Nguyen, Jones
Noes: (0) None
Absent: (1) O’Neill
RECEIVE AND FILE MINUTES FROM THE MEETING HELD ON JUNE 28, 2022 (F: Vault)
It was moved by Council Member Klopfenstein, seconded by Council Member Brietigam that:
The Minutes from the meeting held on June 28, 2022, be received and filed.
The motion carried by a 6-0-1 vote as follows:
Ayes: (6) Brietigam, Bui, K. Nguyen, Klopfenstein, D.
Nguyen, Jones
Noes: (0) None
Absent: (1) O’Neill
WARRANTS
It was moved by Council Member Klopfenstein, seconded by Council Member Brietigam that:
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Payroll deposits 00010221 through 00010854 and checks 00185106 through 00185124 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, Bui, K. Nguyen, Klopfenstein, D.
Nguyen, Jones
Noes: (0) None
Absent: (1) O’Neill
APPROVAL TO WAIVE FULL READING OF ORDINANCES LISTED
It was moved by Council Member Klopfenstein, seconded by Council Member Brietigam that:
Full reading of ordinances listed be waived.
The motion carried by a 6-0-1 vote as follows:
Ayes: (6) Brietigam, Bui, K. Nguyen, Klopfenstein, D.
Nguyen, Jones
Noes: (0) None
Absent: (1) O’Neill
PUBLIC HEARING - ADOPTION OF RESOLUTIONS TO: APPROVE THE DEVELOPMENT OF THE SITE B2 HOTEL PROJECT/NICKELODEON HOTEL RESORT; DENY THE APPEAL FILED BY UNITE HERE LOCAL 11 AND MARLENE PEREZ FOR THE PLANNING COMMISSION’S ACTIONS REGARDING THE SITE B2 HOTEL PROJECT; ADOPT A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PROJECT; APPROVAL OF SITE PLAN NO. SP-107-2022; AND THE INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT NO.
PUD-141-01(A) (F: 116-PUD-141-01(A)) (XR: 55-NEWAGE GARDEN GROVE II, LLC)
(As approved earlier in the meeting, it was moved by Council Member Klopfenstein, seconded by Council Member Brietigam, and approved by a 6-0-1 vote, that full reading of ordinances listed be waived.)
Following staff’s presentation and City Council comments, Mayor Jones declared the public hearing open.
There being no further response from the audience, the public hearing was declared closed.
Written Communications in opposition to the project: Jordon Sisson, Liga Auzins, Norma Martinez-Barrett, Theresa Ceballos, Bonnie Corona, Elsa Marche,
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Raul Guadarrama, Robert Tucker, Ana Gonzelez, Violeta Navar, Daysi Ocampo, Dan Nguyen, Johnson Doan
Following City Council comments expressing support for the project, it was moved by Council Member Klopfenstein, seconded by Council Member Bui that:
Resolution No. 9767-22 entitled: A Resolution of the City Council of the City of Garden Grove, denying the appeal filed by UNITE HERE Local 11 and Marlene Perez of the Garden Grove Planning Commission’s July 7, 2022 Actions pertaining to Planned Unit Development No. PUD-141-01(A), Site Plan No. SP-107-2022, and Street Vacation SV-002-2022, be adopted;
Resolution No. 9768-22 entitled: A Resolution of the City Council of the City of Garden Grove adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Site B2 Hotel Project (Planned Unit Development No.
PUD-141-01(A) and Site Plan No. SP-107-2022) at 12241, 12261, 12271, 12291, 12311 and 12323/12321 Harbor Boulevard, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, and 12321 Thackery Drive, be adopted;
Resolution No. 9769-22 entitled: A Resolution of the City Council of the City of Garden Grove contingently approving Site Plan No. SP-107-2022 to redevelop the Site B2 project site with the Nickelodeon Hotel Resort on properties located at the northwest corner of Harbor Boulevard and Twintree Avenue, east of Tamerlane Drive, at 12241, 12261, 12271, 12291, 12311 and 12323/12321 Harbor Boulevard, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, and 12321 Thackery Drive, Assessor’s Parcel Nos. 231-471-06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17,18, 19, 20, 21, 22, 23, and 24, be adopted; and
Ordinance No. 2938 entitled: An Ordinance of the City Council of the City of Garden Grove approving an amendment to Planned Unit Development No. PUD-141-01 to create a sub-area Planned Unit Development zoning, PUD-141-01(A), establishing development standards and performance standards for the Site B2 hotel project for properties located at the northwest corner of Harbor Boulevard and Twintree Avenue, east of Tamerlane Drive, at 12241, 12261, 12271, 12291, 12311 and 12323/12321 Harbor Boulevard, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, and 12321 Thackery Drive, (Assessor Parcel Numbers: 231-471-06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24), be passed to second reading.
The motion carried by a 6-0-1 vote as follows:
Ayes: (6) Brietigam, Bui, K. Nguyen, Klopfenstein, D.
Nguyen, Jones
Noes: (0) None
Absent: (1) O’Neill
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ACCEPTANCE OF COMMISSIONER KEVIN RHEE’S RESIGNATION FROM THE PARKS, RECREATION AND ARTS COMMISSION (F: 122.70)
It was moved by Mayor Jones, seconded by Council Member Bui that:
Kevin Rhee’s resignation from the Parks, Recreation and Arts Commission be accepted.
The motion carried by a 6-0-1 vote as follows:
Ayes: (6) Brietigam, Bui, K. Nguyen, Klopfenstein, D.
Nguyen, Jones
Noes: (0) None
Absent: (1) O’Neill
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY MANAGER
DISCUSSION ON THE ADOPTION OF A PROCLAMATION CELEBRATING AUGUST 2022
AS AMERICAN MUSLIM APPRECIATION AND AWARENESS MONTH IN GARDEN GROVE, AS REQUESTED BY MAYOR PRO TEM DIEDRE THU-HA NGUYEN (F: 83.1-2022)
This matter was considered earlier in the meeting.
UPDATE ON KEEPING PARK RESTROOMS OPEN AS REQUESTED BY CITY MANAGER STILES (F: 73.1)
Maria Stipe, Assistant City Manager, introduced the update noting that the Public Works Community Services and Police Departments have combined efforts to address the City parks restroom issues. Phil Carter, Public Works Facilities Manager, spoke to the history of the past several years and the sharp increase of vandalism to park restrooms. This increase has impacted public safety, the ability to keep public restrooms open and operating costs to maintain these facilities. During the pandemic lockdown, the decision was made to close all park restrooms and use portable restrooms and wash stations. As the City recovered from the pandemic, the decision was made to slowly re-open three restrooms at a time rotationally (three months at a time, at different locations) closely monitoring the selected sites for vandalism, and closing as necessary to make repairs.
Haster Basin Park portable restroom facilities, supplied by the County, continually remain open. This action provided the public with restroom access at four park locations from 9:00 am to dusk. At the end of the last rotation, the open restroom locations included:
Haster Basin Park, Garden Grove Park, West Grove Park, and Eastgate Park (which was temporarily closed to ensure usable restrooms for the summer concert series).
With the challenge of continued vandalism of park restrooms that has impacted many communities that provide public facilities, Community Services staff polled other cities to learn how they were addressing this issue. The cities of Cypress, Costa Mesa, Buena Park, Placentia, Ladera Ranch, La Habra, Lakewood, Yorba Linda, Laguna Niguel, Irvine, an d Mission Viejo provide regular public access to park restrooms during operating hours. The
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common thread among these cities is that the parks are staffed during operating hours, or have outside security services monitoring the restrooms. Six other cities reported that they partially closed or modified restroom hours, and due to high rates of vandalism, hours were reduced for day use only. The cities of La Palma, Laguna Hills, Brea, Tustin, Newport Beach, and Anaheim were requested by the communities they serve to close park restrooms because of the ongoing vandalism. The cities of Rancho Santa Margarita, San Juan Capistrano, San Clemente, Stanton and Aliso Viejo have either installed porta potties or have closed their park restrooms.
In July, a majority of the City’s park restrooms were opened including: Atlantis Park, Garden Grove Park, Edgar Park (lockable portable), Eastgate Park, West Grove Park, Woodbury Park, Chapman Sports Complex, Pioneer Park and Haster Basin Park (county supplied portables). Opening and closing procedures have also been revisited to ensure each restroom is unlocked during operating hours and locked after hours each day. With the existing budget and current staffing levels, Public Works intends to keep these restrooms open between 8:00 a.m. and 3:00 p.m., seven days a week, excluding holidays.
However, occasionally, the restrooms may require closure to address vandalism, and regular maintenance. Park locations with currently closed restrooms include: Faylane Park (community requested closure), Gustosky Park (community requested closure), Westhaven Park (construction, turf renovation project), Magnolia Park (construction, water reservoir project), and Hare Park (little league only facilities). As construction projects conclude, Magnolia Park and Westhaven Park will be opened between 8:00 a.m. and 3:00 p.m. daily, excluding holidays and maintenance. In addition to the updated Public Works opening and closing schedule, all park restrooms attached to programmed or rented facilities will continue to be made available during programmed activities by the Community Services staff as part of the rental or program agreement.
To fully restore park restrooms to include after hour availability will require additional deterrents and a budget. Moving forward, Public Works, Community Services, and the Garden Grove Police Department are reviewing electronic security solutions that include camera systems, electronic door locks, lighting controls, alarm warnings, increased staffing levels and outside security services to monitor park facilities. These enhancements will be studied and evaluated in the coming months for implementation on a pilot basis and for inclusion in the upcoming biennial budget.
John Montanchez, Community Services Director, stated that Community Services will continue to support Public Works efforts, and that Park Patrol staffing will ensure restroom access for programs and events and rentals.
Lieutenant Burillo noted that the Police Department has considered using cameras to monitor the restrooms; however, placement is critical to avoid violating privacy, to monitor vandalism, and to be used as a deterrent. The City of Anaheim has agreed to loan a mobile camera on a trial basis to the Garden Grove Police Department, which will assist in efforts to decide on whether to purchase mobile cameras and as to the success of achieving results for deterring vandalism.
Council Member Bui thanked staff and their good ideas on using park restrooms.
He has received many calls from seniors asking for his help as the seniors use the
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parks for daily exercise; however, as seniors it is critical that the facilities be accessible. Moving forward he suggested staff look into smart locks to provide more flexibility with accessibility.
Council Member Brietigam stated that the community is grateful for being able to use the restrooms. He speculated that a tik tok video on destroying public bathrooms was an impetus for the increased vandalism, noting that a porta pottie was lit on fire after being installed after one day. He expressed his concern that a smart lock would be too easy to circumvent, and he expressed appreciation for staff’s efforts on looking at ways to accommodate the public.
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY MANAGER (Continued)
Council Member Klopfenstein, in response to Ms. Katie Finch who spoke under public comments and provided documentation for the City Council, stated that she will follow up with Ms. Finch and appreciates her coming to the meeting prepared.
She noted that she attended the City of Hope’s celebration at the Great Park in Irvine on August 22, 2022. Balloons were released with a message of hope for ending the disease of cancer as the first patients walked through the doors of the Orange County Lennar Foundation four miles from the park. She expressed her appreciation for the work the City of Hope does to save lives. She also attended Vector Control’s 75th anniversary that took place on August 18, 2022, and reminded everyone to tip and toss.
City Attorney Sandoval announced that no reportable action was taken during closed session.
ADJOURNMENT
At 8:28 p.m., Mayor Jones adjourned the meeting. The next Regular City Council Meeting will be held on Tuesday, September 13, 2022, at 5:30 p.m. at the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California.
Teresa Pomeroy, CMC
City Clerk