Agenda packet — Garden Grove City Council, August 27, 2024

AGENDA

Garden Grove City Council

Tuesday, August 27, 2024
6:30 PM

Community Meeting Center
11300 Stanford Avenue
Garden Grove, California 92840
Steve Jones
Mayor
Cindy Tran
Mayor Pro Tem – District 3
George S. Brietigam
Council Member – District 1
John R. O’Neill
Council Member – District 2
Joe DoVinh
Council Member – District 4
Stephanie Klopfenstein
Council Member – District 5
Kim B. Nguyen-Penaloza
Council Member – District 6

Meeting Assistance: Any person requiring auxiliary aids and services, due to a disability, to address the City Council, should contact the City Clerk's Office 72 hours prior to the meeting to arrange for accommodations. Phone: (714) 741-5040.

Agenda Item Descriptions: Are intended to give a brief, general description of the item. The City Council may take legislative action deemed appropriate with respect to the item and is not limited to the recommended action indicated in staff reports or the agenda.

Documents/Writings: Any revised or additional documents/writings related to an item on the agenda distributed to all or a majority of the Council Members within 72 hours of a meeting, are made available for public inspection at the same time (1) in the City Clerk's Office at 11222 Acacia Parkway, Garden Grove, CA 92840, during normal business hours; (2) on the City's website as an attachment to the City Council meeting agenda; and (3) at the Council Chamber at the time of the meeting.

Public Comments: Members of the public who attend the meeting in -person and would like to address the City Council are requested to complete a pink speaker card indicating their name and address, and identifying the subject matter they wish to address. This card should be given to the City Clerk before the meeting begins. General comments are made during "Oral Communications" and should be limited to matters under consideration and/or what the City Council has jurisdiction over. Persons wishing to address the City Council regarding a Public Hear ing matter will be called to the podium at the time the matter is being considered.

Manner of Addressing the City Council: After being called by the Mayor, you may approach the podium, it is requested that you state your name for the record, and proceed to address the City Council. All remarks and questions should be addressed to the City Council as a whole and not to individual Council Members or staff members. Any person making impertinent, slanderous, or profane remarks or who becomes boisterous while addressing the City Council shall be called to order by the Mayor. If such conduct continues, the Mayor may order the person barred from addressing the City Council any further during that meeting.

Time Limitation: When any group of persons wishes to address the City Council on the same subject matter, the Mayor may request a spokesperson be chosen to represent the group, so as to avoid unnecessary repetition. At the City Council's discretion, a limit on the total amount of time for public comments during Oral Communications and/or a further limit on the time allotted to each speaker during Oral Communications may be set.

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PLEASE SILENCE YOUR CELL PHONES DURING THE MEETING.

AGENDA

ROLL CALL: COUNCIL MEMBER BRIETIGAM, COUNCIL MEMBER O'NEILL, COUNCIL MEMBER

DOVINH, COUNCIL MEMBER KLOPFENSTEIN, COUNCIL MEMBER NGUYEN-

PENALOZA, MAYOR PRO TEM TRAN, MAYOR JONES

INVOCATION

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

PRESENTATIONS

1. Planning Services and Building & Safety Division update presented by the Community Development Department.

[Item 350/2024]

ORAL COMMUNICATIONS (TO BE HELD SIMULTANEOUSLY WITH OTHER

LEGISLATIVE BODIES)

WRITTEN COMMUNICATIONS

2. Consideration of a request from King Shocks Technology, Inc., for the 2nd annual Holiday Toy Drive on Saturday, December 14, 2024. (Action Item)

[Item 345/2024]

RECESS

CONDUCT OTHER LEGISLATIVE BODIES' BUSINESS

RECONVENE

CONSENT ITEMS (CONSENT ITEMS WILL BE ACTED ON SIMULTANEOUSLY

WITH ONE MOTION UNLESS SEPARATE DISCUSSION AND/OR ACTION IS

REQUESTED BY A COUNCIL MEMBER)

3. Adoption of a Proclamation recognizing September 2024 as Hunger Action Month. (Action Item)

[Item 340/2024]

4. Adoption of a Proclamation recognizing Service Clubs Month. (Action Item)

[Item 355/2024]

5. Acceptance of Project No. CP1287000 - Anabel-Woodbury Water Improvement Project, as complete. (Action Item)

[Item 344/2024]
2

Page 3 of 4 ends

6. Acceptance of the Caltrans Fencing Improvement Project (CFIP) - Phase 1, as complete. (Action Item)

[Item 346/2024]

7. Approval of Amendment No. 3 to an Agreement with West Yost Associates for professional services for SCADA Implementation projects. (City Cost:
$136,440; GGSD Cost: $103,322) (Joint Action Item between the Sanitary District and City Council)

[Item 313/2024]

8. Approval of Amendment No. 5 to the contract with Willdan Engineering Inc. for on-call Animal Control Officer Services. (Cost: $35,000) (Action Item)

[Item 341/2024]

9. Award of contracts to MNS Engineers, Inc. and Willdan Engineering to provide U.S. Department of Housing and Urban Development (HUD) and State of California Department of Housing and Community Development (HCD) consultation services. (Cost: MNS Engineers, Inc. - Not-to-Exceed $150,000 per year; Willdan Engineering - Not-to-Exceed $50,000 per year) (Action Item)

[Item 337/2024]

ITEMS FOR CONSIDERATION

10. Adoption of a Resolution authorizing an application be submitted for the County of Orange Families and Communities Together (FaCT) Grant. (Amount:
$845,000 per year)(Action Item)

[Item 351/2024]

11. Adoption of a Resolution to update the schedule of penalties for parking violations, and the Introduction and First Reading of an Oversized Vehicle Ordinance entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE AMENDING SECTION 10.56.110 AND REPEALING SECTION 10.56.115 OF CHAPTER 10.56 OF TITLE 10 OF THE GARDEN GROVE MUNICIPAL CODE

PERTAINING TO OVERSIZED VEHICLE PARKING AND RECREATIONAL VEHICLE PARKING. (Action Item)

[Item 348/2024]

ORDINANCES PRESENTED FOR SECOND READING AND ADOPTION

12. Second Reading and Adoption of Ordinance No. 2956 entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING ZONING AMENDMENT NO. A-039-2024 AND AMENDING CHAPTER

5.40 OF TITLE 5 AND CHAPTERS 9.04 AND 9.18 OF TITLE 9 OF THE GARDEN 3

Page 4 of 4 ends

GROVE MUNICIPAL CODE PERTAINING TO POOL ROOMS, BILLIARD PARLORS AND POOL HALLS, AND INCIDENTAL AMUSEMENT DEVICES. (Action Item)

[Item 354/2024]

MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY MANAGER

13. Approval of Amendment No. 4 to the Agreement with Graffiti Protective Coatings, Inc., for On-Call Graffiti Removal. (Cost: $225,000) (Action Item)

[Item 347/2024]

14. Discussion on an update to the City's Tree Removal Policy. (Action Item)

[Item 353/2024]

ADJOURNMENT

The next Regular Meeting is scheduled for Tuesday, September 10, 2024, at 5:30 p.m. in the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California, 92840. 4 Item 345/2024
Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: John Montanchez
Dept:

City Manager Dept: Community Services
Date: 8/27/2024

Subject: Consideration of a request from King Shocks Technology, Inc., for the 2nd annual Holiday Toy Drive on Saturday, December 14, 2024. (Action Item)

OBJECTIVE

To transmit a letter from King Shocks Technology, Inc. requesting approval of temporary closure of city streets for the 2nd annual Holiday Toy Drive on Saturday, December 14, 2024.

BACKGROUND

On December 16, 2023, King Shocks Technology, Inc. held their first Holiday Toy Drive that was a huge success. The event united the Off -Road, Overland and Outdoor community together, with over 1,000 off -road builds on hand, 5,000 people in attendance, and more than 100 vendors. The event collected so many toys, at least 3 flatbed trucks full of toys, multiple drop-offs had to be arranged to the Children’s Hospital of Orange County, the Orange County Fire Authority, and Magnolia Park Family Resource Center. Lastly, a two -thousand dollar ($2,000) check donation was made to the Garden Grove Community Foundation.

Additionally, King Shocks Technology, Inc. fulfilled all event permit requirements that included partnership with a local non -profit organization in good standing, insurance coverage, street closure approval from the City Council, and reimbursement for all direct costs to provide city support.

DISCUSSION

King Shocks Technology, Inc., located in Garden Grove, would like to request City Council approval for the closure of city streets for the 2 nd annual Holiday Toy Drive on Saturday, December 14, 2024.

The event route has been reviewed by the Garden Grove Police Department Traffic Division, who has agreed to provide staff support for the closure of city streets during the event. The proposed route would require street closures on Lampson Avenue between Knott Street and Monarch Street, on Edison Way between Lampson Avenue and Belgrave Avenue, on Industry Street between Lampson Avenue and Chapman Avenue , and on Belgrave Avenue between Industry Street and Knott Street. Partial street closures would begin on Friday, December 13 5 Item 345/2024

Page 2 of 2 ends

on Lampson Avenue beginning at 8:00 p.m., and full street closures along the event route on Saturday, December 14 from 6:00 a.m. to 5:00 p.m.

Additionally, King Shocks Technology, Inc. has received approval from the Garden Grove Community Foundation, to serve as the non -profit organization to apply for the city’s community event permit.

FINANCIAL IMPACT

Approval of the proposed 2nd annual Holiday Toy Drive will not have an impact on the City’s General Fund. King Shocks Technology, Inc. will reimburse the City for all direct costs associated with police and staff support for this event.

RECOMMENDATION

It is recommended that the City Council consider the written request from King Shocks Technology, Inc. for the 2nd annual Holiday Toy Drive on Saturday, December 14, 2024.

By: Janet Pelayo, Deputy Director

ATTACHMENT

1. Letter Request from King Shocks Technology, Inc.

6 7
Item 340/2024
Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Teresa Pomeroy
Dept:

City Manager Dept: City Clerk
Date: 8/27/2024

Subject: Adoption of a Proclamation recognizing September 2024 as Hunger Action Month. (Action Item)

OBJECTIVE

For the City Council to adopt a Proclamation recognizing September as Hunger Action Month.

BACKGROUND/DISCUSSION

The City Council has consistently adopted a proclamation annually recognizing September as Hunger Action Month since 2021. Attached is the 2024 Annual Proclamation, and a Food Distribution Overview for Fiscal Year 2024 that illustrates the amount of food distributed through the 22 partner distribution sites in Garden Grove.

FINANCIAL IMPACT

There is no financial impact to adopt the proclamation.

RECOMMENDATION

It is recommended that the City Council:
 Adopt the 2024 Hunger Action Month Proclamation recognizing September as Hunger Action Month.

ATTACHMENTS

1. 2024 Hunger Action Month Proclamation

2. Food Distribution Overview for Fiscal Year 2024

8 2024 Hunger Action Month
Proclamation

WHEREAS, hunger and poverty are issues of vital concern in California, where one in five Californians face food insecurity on a daily basis and do not know where their next meal will come from; and
WHEREAS, everyone needs nutritious food to thrive, and people are working hard to provide for themselves and their families —yet over 330,000 individuals, including over 85,000 children, here in Orange County are food insecure; and WHEREAS, the City of Garden Grove is committed to taking steps to combat hunger in every part of our community and to provide additional resources that those in Garden Grove need; and
WHEREAS, the City of Garden Grove is committed to working with the Orange County Hunger Alliance in educating people about the role and importance of food banks and food care in addressing hunger and raising awareness of the need to devote more resources and attention to hunger issues; and
WHEREAS, in the first half of 2024, Orange County Food Bank and Second Harvest Food Bank collectively recorded an average of 806,985 individual food distribution visits per month from our neighbors facing food insecurity; and
WHEREAS, in the first half of 202 4, Orange County Food Bank and Second Harvest Food Bank have collectively distributed 29,588,278 million pounds of food through its partner network of food pantries, soup kitchens, shelters, senior centers, schools, colleges, universities, and other community organizations; and
WHEREAS, Abound Food Care helps to facilitate the recovery over 25 mil lion pounds of excess edible food in Orange county each year, reducing food waste and diverting that food to those who need it; and
WHEREAS, the month of September has been designated “Hunger Action Month” in order to bring attention to food insecurity in our communities and to enlist the public in the movement to end hunger by taking action – including volunteering, donating, and advocating – to ensure every community, and everybody in it, has the food they need to thrive; and WHEREAS, food banks and other organizations across the country, including the members of the Orange County Hunger Alliance, will host numerous events throughout the month of September to bring awareness and help end food insecurity in our local community.

NOW, THEREFORE, WE, the Garden Grove City Council do hereby recognize September 2024 as HUNGER ACTION MONTH in Garden Grove, and call this observance to the attention of our citizens.

August 27, 2024
9 City of GARDEN GROVE
Food Distribution Overview (FY2024)

Pounds of Food Distributed: 1,696,926

People Served (average per month): 49,130

Distribution by Product Type:

Partner Distribution Sites: 22

10 Item 355/2024
Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Teresa Pomeroy
Dept:

City Manager Dept: City Clerk
Date: 8/27/2024

Subject: Adoption of a Proclamation recognizing Service Clubs Month. (Action Item)

OBJECTIVE

For the City Council to adopt a Proclamation recognizing September as Service Clubs Month.

BACKGROUND/DISCUSSION

In 2023, the City Council adopted a Proclamation to recognize the month of September as Service Clubs Month. Garden Grove is home to multiple service organizations that benefit the community by providing support and a common purpose to helping others. Th e long established service clubs in Garden Grove include: The Rotary Club, The Lions Club, Kiwanis, and the Elks Club.

The mission of the Rotary Club is to provide service to others, promote integrity, and advance world understanding, goodwill, and peace.

The mission of the Lions Club is to empower Lions clubs, volunteers and partners to improve health and wellbeing, strengthen communities.

The mission of Kiwanis is for improving the world one child and one community at a time.

The mission of the Elks Club is to inculcate the principles of Charity, Justice, Brotherly Love and Fidelity.

FINANCIAL IMPACT

There is no financial impact to adopt the proclamation.

RECOMMENDATION

It is recommended that the City Council:
 Adopt a Proclamation recognizing the month of September as Service Clubs Month. 11 Item 355/2024

Page 2 of 2 ends

ATTACHMENT

1. Proclamation for September as Service Clubs Month

12 Proclamation

September as Service Clubs Month

WHEREAS, service clubs in Garden Grove are organizations that engage in community service, charitable work, and fundraising. These clubs have been an integral part of Garden Grove for over sixty years and have made significant contributions to the development of our communities; and

WHEREAS, service clubs play a vital role in community development by providing resources and services to support local communities. They contribute to various community projects, such as building playgrounds, supporting educational programs, and providing scholarships; and

WHEREAS, these clubs engage in various charitable works, such as donating food, clothing, hygiene supplies, and toys to families and children in need; supporting local and international health programs; and aiding disaster relief efforts; and

WHEREAS, service clubs provide leadership development opportunities for their members and provide avenues to learn about leadership skills, team building, and communication, assisting them in their personal and professional lives; and

WHEREAS, these clubs offer networking opportunities for members where they can interact with other professionals and community leaders, build relationships, and expand their social and professional networks; and

WHEREAS, service clubs also focus on developing the skills and talents of young people. They provide mentoring, leadership training, and scholarship opportunities for students and organize programs to support underprivileged youth; and

WHEREAS, these clubs encourage civic engagement by promoting volunteering and community service;

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Garden Grove does hereby designate September as Service Clubs Month in Garden Grove in appreciation for all the significant contributions these organizations make to our communities.

August 27, 2024
13 Item 344/2024
Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Samuel Kim
Dept:

City Manager Dept: Public Works
Date: 8/27/2024

Subject: Acceptace of Project No. CP1287000 – Anabel-Woodbury Water Improvement Project, as complete. (Action Item)

OBJECTIVE

For the Garden Grove City Council to accept Project No. CP1287000 – Anabel-Woodbury Water Improvement Project as complete , and authorize the City Manager to execute the Notice of Completion of Public Improvements and Work.

BACKGROUND

The 2020 Water Master Plan has identified the Anabel-Woodbury Water Improvement Project as a priority project due to fire flow deficiency. The construction of this project will increase fire flow capacity and meet OCFA fire flow requirements surrounding Woodbury Elementary; Anabel Avenue, from school entrance to Libby L ane; Libby L ane from Anabel Ave nue to Woodbury Road, and Woodbury Road from Euclid Street to Newhope Street.

The water improvements include the installation of approximately 970 feet of 12 -inch PVC pipe, 3,140 feet of 8-inch PVC pipe, and 110 feet of 6-inch PVC domestic water pipe. It also includes the construction of approxima tely eleven (11) fire hydrant assemblies, eighty -two (82) water service connections and nine (9) connection points at existing mains. This project will abandon approximately 4,245 feet of 4 and 6-inch AC pipe in place.

DISCUSSION

The contractor, CEM Construction Corporation, has completed this project in accordance with the plans, specifications and other contract documents.

FINANCIAL IMPACT

There is no financial impact to accept Project No. CP1287000 – Anabel-Woodbury Water Improvement Project as complete, and authorize the City Manager to execute the Notice of Completion of Public Improvements and Work . The project was funded with Water Funds.

The retention payment will be released after recordation of the Notice of Completion with the County of Orange.
14 Item 344/2024

Page 2 of 2 ends

RECOMMENDATION

It is recommended that the City Council:
 Accept Project No. CP1287000 – Anabel-Woodbury Water Improvement Project as complete, and authorize the City Manager to execute the Notice of Completion of Public Improvement and Work; and
 Authorize the Finance Director to release the retention payment when appropriate to do so.

ATTACHMENT

1. Notice of Completion

15 RECORDING REQUESTED BY
When Recorded Mail To:

City Clerk
City of Garden Grove
P. 0. Box 3070
Garden Grove, CA 92842

NOTICE OF COMPLETION

OF PUBLIC IMPROVEMENT AND WORK
NOTICE IS HEREBY GIVEN that the Garden Grove City Council, Orange County, California, has caused a public improvement, to wit:

PROJECT NO. CP1287000

ANABEL-WOODBURY WATER IMPROVEMENT PROJECT
to be constructed upon the property hereinafter described. The contract for furnishing of all plant, labor, services, materials, and equipment, and all utilities and transportation, including power, fuel, and water, and performing all work necessary to construct and complete, in a good and workmanlike manner in strict accordance with the specifications, plans, and drawings therefore on file in the office of the City Clerk of the City of Garden Grove, for the construction, installation and completion of the above-described public improvement and work, was heretofore made and entered into with OEM CONSTRUCTION CORPORATION, on the 25th day of July, 2023, and filed for record in the office of the City Clerk of the City of Garden Grove; that the work upon said public improvement has been completed, and that the City Engineer has notified the City Council that he has made and completed a final inspection of the materials furnished and installed and the work performed in the construction, installation, and completion of said public improvement hereinabove more particularly described and set forth, and has certified in writing to the City Council that all the provisions of the contract and contract documents for the furnishing of all plant, labor, services, materials, and equipment, and the performing of all work necessary for the construction, installation, and completion of said public improvement above described have been fully complied with to his satisfaction as required by the contract document; that final acceptance of the construction, installation, and completion of said public improvement above described was made on the 27th day of August 2024; that the nature of the title to said property of said City Council is as follows: That is to say, it owns said public improvement in fee except the right-of-way upon which it is constructed, and that it owns an easement upon, over, and along said right-of-way for the purpose of the construction, installation, and completion of said public improvement hereinabove described and the use thereof after said completion; that the property hereinabove referred to and on which said public improvement is situated is described as follows, to wit:

PROJECT NO. CP1287000

ANABEL-WOODBURY WATER IMPROVEMENT PROJECT
16 NOTICE OF COMPLETION
PROJECT NO CP1287000 -ANABEL-WOODBURY WATER IMPROVEMENTS PROJECT August 27,2024

Page 2 of 2 ends

NAME OF SURETY on Labor and Material Bond is:

DATED this
U.S. Specialty Insurance Company
13403 Northwest Fwy.,
Houston, TX 77040
Tel No. (713) 324-1000
day of20

GARDEN GROVE CITY COUNCIL
ATTEST:

By
City Manager of the Garden Grove
City Council
Secretary of Garden Grove City Council

STATE OF CALIFORNIA

COUNTY OF ORANGE
I am the Public Works Director of the City of Garden Grove.

I have read the foregoing Notice of Completion of Public Improvement and Work, and know the contents thereof; and I certify that the same is true of my own knowledge, except as to those matters, which are therein stated upon my information or belief, and as to those matters I believe to be true.

I certify (or declare), under penalty of perjury, that the foregoing is true and correct.

Executed onatGarden Grove, California
(Date)
^
(Place)
/•
William E. Murray, P. E.

Public Works Director
__£_M^
17 Item 346/2024
Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Ursula Luna-Reynosa
Dept:

City Manager Dept: Economic Development &
Housing

Date: 8/27/2024

Subject: Acceptance of the Caltrans Fencing Improvement Project (CFIP)- Phase 1 as complete. (Action Item)

OBJECTIVE

For the City Council to accept City Project No. 1222000046/EA#OT410 as complete and authorize the City Manager to execute the Notice of Completion of Public Improvement and Work.

BACKGROUND

The Caltrans Fencing Improvement Project (CFIP), also known as “the Project,” is a collaborative effort between the City of Garden Grove and the California Department of Transportation (Caltrans) to beautify and secure Caltrans right-of-way areas. The project also authorized the Garden Grove Police Department’s Special Resource Team (SRT) access to these Caltrans right-of-way areas for street outreach. This initiative supports the City’s 2021 Comprehensive Strategic Plan to Address Homelessness (CSPAH).

To advance the collaborative efforts to beautify and secure Caltrans right-of-way areas, the City and Caltrans entered into a cooperative agreement in which Caltrans allocated $1,000,000 to the City on a reimbursement basis. These funds were used to install fencing, rocks, gravel, and slope paving along the underpasses of the 22 Freeway. This funding allowed the City to complete Phase 1 of the Project, which included Beach Blvd, Trask Ave, and Pearce Pedestrian Bridge.

DISCUSSION
The project was completed on schedule and within budget, marking a significant step in addressing homelessness and improving the quality of life in the communities of Garden Grove. A breakdown of the completed work description at the selected locations under Phase 1:
 Demolition of existing chain link fence and gates;
 Installation of new footings and line posts;
18 Item 346/2024

Page 2 of 2 ends

 Installation of new 4D panels, 4ft gates, and 16ft gates;  Installation of rip rock, aggregate base and wood mulch; and  Landscaping.

During project implementation, Caltrans authorized a modification to remove slope paving from Quality Fence’s scope. In exchange, Quality Fence will provide an additional 1,000 linear feet of fencing and 20 access gates for Phase 2 at no additional cost to the City.

FINANCIAL IMPACT

There is no financial impact to accept the project as complete. Per the cooperative agreement between the City and Caltrans , 100% of the project cost will be funded by Caltrans. The retention payment will be released per schedule after recordation of the Notice of Completion.

RECOMMENDATION

It is recommended that the City Council
 Accept City Project No. 1222000046/EA#OT410, Caltrans Fencing Improvement Project (CFIP) – Phase 1 as complete;
 Authorize the City Manager to Execute the Notice of Completion of public Works Improvements and Work for CFIP - Phase 1; and
 Authorize the Finance Director to release the retention payment when appropriate to do so.

By Christy Le, Homeless Liaison Analyst

ATTACHMENT

1. Notice of Completion - CFIP - Quality Fence

19 RECORDING REQUESTED BY

CITY OF GARDEN GROVE
When Recorded Mail To:

City Clerk
City of Garden Grove
P. 0. Box 3070
Garden Grove, CA 92842

NOTICE OF COMPLETION

OF PUBLIC IMPROVEMENT AND WORK
NOTICE IS HEREBY GIVEN that the City of Garden Grove, Orange County, California, has caused a public improvement, to wit:

PROJECT NO. 1222000046/EA#OT410

CALTRANS FENCING IMPROVEMENT PROJECT (CFIP)
to be constructed upon the property hereinafter described. The contract for furnishing of all plant, labor, services, materials, and equipment, and all utilities and transportation, including power, fuel, and water, and performing all work necessary to construct and complete, in a good and workmanlike manner in strict accordance with the specifications, plans, and drawings therefore on file in the office of the City Clerk of the City of Garden Grove, for the construction, installation and completion of the above-described public improvement and work, was heretofore made and entered into with QUALITY FENCE CO. on the 22nd day of January, 2024, and filed for record in the office of the City Clerk of the City of Garden Grove; that the work upon said public improvement has been completed, and that City Staff has notified the City Council that City Staff has made and completed a final inspection of the materials furnished and installed and the work performed in the construction, installation, and completion of said public improvement hereinabove more particularly described and set forth, and has certified in writing to the City Council that all the provisions of the contract and contract documents for the furnishing of all plant, labor, services, materials, and equipment, and the performing of all work necessary for the construction, installation, and completion of said public improvement above described have been fully complied with to his satisfaction as required by the contract document; that final acceptance of the construction, installation, and completion of said public improvement above described was made on the 27th day of August 2024; that the nature of the title to said property of said City of Garden Grove is as follows: That is to say, it owns said public improvement in fee except the right-of-way upon which it is constructed, and that it owns an easement upon, over, and along said right-of-way for the purpose of the construction, installation, and completion of said public improvement hereinabove described and the use thereof after said completion; that the property hereinabove referred to and on which said public improvement is situated is described as follows, to wit:
20 PROJECT NO. 1222000046/EA#OT410

SEWER IMPROVEMENT PROJECT AT WESTMINSTER AVENUE AND

LEXINGTON AVENUE
NAME OF SURETY on Labor and Material Bond is:Philadelphia Indemnity Insurance Company
800 E Colorado Blvd, 6th floor
Pasadena CA 91101
DATED this
ATTEST:

CITY OF GARDEN GROVE
day of20
Lisa Kim, City Manager
City of Garden Grove
Teresa Pomeroy , City Clerk
City of Garden Grove

STATE OF CALIFORNIA

COUNTY OF ORANGE
I am the Assistant City Manaqer/Director of the Economic Development and Housina Authority.

I certify (or declare), under penalty of perjury, that the foregoing is true and correct.

Executed on August 27, 2024
(Date)
atGarden Grove
(Place)
, California
Ursula Luna-Reynosa
Assistant City Manager/Economic
Development and Housing Director
21 Item 313/2024
Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Samuel Kim
Dept:

City Manager/General Manager Dept: Public Works
Date: 8/27/2024

Subject: Approval of Amendment No. 3 to an Agreement with West Yost Associates for Professional Services for SCADA Implementation Projects. (City Cost: $136,440; Sanitary Distric Cost: $103,322) (Joint Action Item between the Sanitary District and City Council)

OBJECTIVE

To receive City Council and Sanitary District Board approval for Amendment No. 3 to an agreement with West Yost Associates to provide professional engineering services for Supervisory Control and Data Acquisition (SCADA) Implementation Projects.

BACKGROUND
The City has contracted with West Yost Associates (the Consultant) to deliver engineering and design, bidding support, as well as construction management and inspection services for all SCADA projects identified in the City's 2020 SCADA Master Plan for the water system.

As part of the effort to standardize the SCADA system for both the water and sewer systems, the City amended the contract with the Consultant to also include SCADA upgrade for the sewer system.

Currently, the City has one project to construct the SCADA upgrade at two out of the five reservoir sites and one project to construct the SCADA upgrade for the pressure monitoring stations. Garden Grove Sanitary District has one project to construct the SCADA upgrade at all of the sewer lift stations. The Consultant is providing construction management and inspection support for all three projects.

DISCUSSION

Water System

For the water system, additional scope was identified during the design for the reservoir sites.

The Consultant originally proposed to design the SCADA upgrade for all the reservoir sites in one project and provide d one bid documentation. Following discussion, City staff and the Consultant decided to split the project into two. This approach allows for lessons learned from 22 Item 313/2024

Page 2 of 3 ends

the first project to be applied to the second project, helping to identify any overlooked design aspects and mitigate significant change orders.

Dividing the reservoir sites upgrade into two packages resulted in additional work for the Consultant related to rework of the design packages, development of additional front -end specifications, additional bidding support, RFIs, and submittal reviews. The cost for th e additional work is $126,100.

A second added scope involves the relocation of one of the pressure monitoring stations. The Consultant will need to prepare design plan for the new site and provide additional construction management and inspection for the relocation work. The cost of th e second added scope of work is $10,340.

The total cost for the additional work for the water system is $136,440.

Sewer System

For the sewer lift stations SCADA upgrade construction project, material delays and additional work identified had expanded the Consultant’s scope of work (longer program management and construction management). The cost increase are caused by:

1. Schedule delay – Materials had long lead times (15 months)

2. Partridge Lift Station
a) Components being installed beyond construction window b) Level transmitter substitution
c) Alarm dialer replacement

3. Belgrave Lift Station
a) Components being installed beyond construction window b) Level transmitter substitution
c) Alarm dialer replacement
d) Site lighting replacement
e) Replacement of two Variable Frequency Drives (VFD)

4. Tiffany Lift Station
a) Components being installed beyond construction window b) Level transmitter substitution
c) Alarm dialer replacement
d) Replacement of power feed wiring for each pump
23 Item 313/2024

Page 3 of 3 ends

e) Pump 1 was inoperative, resulting in additional testing f) Troubleshooting Motor Saver issues for Pump 2
The total cost for the additional work for the sewer system is $103,322.

FINANCIAL IMPACT

The additional costs will be paid from the Water and Sewer utility f unds in the amount of $136,440 and $103,322 respectively.

RECOMMENDATION

It is recommended that the City Council and Sanitary District Board:
 Approve Amendment No. 3 to the existing Agreement with West Yost Associates, increasing the existing Agreement amount from $3,676,343 to $3,916,105, a $239,762 increase;
 Appropriate $136,440 in Water Funds for the water portion of the additional scope of work;
 Appropriate $103,322 in Sewer Funds for the sewer portion of the additional scope of work; and
 Authorize the City Manager /General Manager to execute Amendment No. 3 to the contract agree ment on behalf of the City and Sanitary District , and make minor modifications as appropriate thereto.

By: Rebecca Li, P.E., Senior Civil Engineer

ATTACHMENT

1. Agreement

24 -1-
AMENDMENT 3 TO

WEST YOST ASSOCIATES

PROFESSIONAL SERVICES AGREEMENT FOR SCADA IMPLEMENTATION

PROJECTS

THIS AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
between the CITY OF GARDEN GROVE and WEST YOST ASSOCIATES, is made and entered into, to be effective the 13th day of August, 2024, as follows:

RECITALS

WHEREAS, the City of Garden Grove (“City”) has employed West Yost Associates (“Consultant”) to provide program management for the SCADA Implementation Projects pursuant to that agreement dated September 24, 2020 (the “Agreement”); and

WHEREAS, the Agreement provided for the program management of the SCADA Implementation Projects; and

WHEREAS, Amendment 1 provided the additional Engineering Services for the design of Sanitation SCADA Upgrade; and

WHEREAS, Amendment 2 provided the additional Engineering Services for the design of the SCADA-related PFAS modifications for Well 19; and

WHEREAS, the City has requested that Consultant to perform additional services identified in the attached proposal (additional Engineering Services for the design of the SCADA upgrade for the remaining reservoir sites and the additional construction management support for the sewer lift stations SCADA upgrade construction project); and

WHEREAS, the City and Consultant have agreed to the proposal and to increase compensation to cover the additional services.

AMENDMENT

NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, the Scope of Work is hereby amended pursuant to Attachment 1, incorporated herein by reference. Based on the amended Scope of Work, the total compensation amount of the Agreement is increased to a not to exceed amount of $3,916,105, which reflects an increase in compensation of $239,762 for Amendment 3 to cover the additional services to be provided by Consultant.

All provisions of the Agreement not affected herein shall remain in full force and effect.

[SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: A5D6AE96-6853-4F49-8186-712C0581050B 25 -2-
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Professional Services for the Repair and Rehabilitation of Four Buried Water Storage Reservoirs – Phase I Project Agreement at Garden Grove, California.

CITY of GARDEN GROVE ATTEST:

By: By:

Lisa Kim
City Manager City Clerk

Approved as to form: Date:

City Attorney

“CONSULTNAT”
West Yost Associates

By: Date:

Title:

If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a Partnership,
Statement of Partnership must be
submitted to CITY.

Docusign Envelope ID: A5D6AE96-6853-4F49-8186-712C0581050B 7/23/2024
26 23692 Birtcher Drive

Lake Forest CA 92630

949
.
420
.
3030

phone

530
.
756
.
5991

fax

westyost.com

July
9 , 2024

SENT VIA:

Rebecca Li, PE

Senior Civil Engineer

City of Garden Grove

13802 Newhope Street

Garden Grove, CA 92843

SUBJECT:

Proposal

for Budget Amendment
for SCADA projects.

Dear
Ms
.

Li
:

The
purpose of this letter proposal is to provide
the City of Garden Grove (City)
with a
contract
budget
amendment
for

the SCADA projects that West Yost is currently working on for the City .

S
cope of
Services

West Yost is currently working with the City on two

SCADA projects:

1. SCADA Master Plan Implementation for Water Sites (hereinafter referred to as Project #1)

2. Sewer SCADA Implementation (hereinafter referred to as Project #2)

Project #1:

West Yost originally proposed the High Priority Sites (Trask, Westhaven , West Garden Grove,
Lampson, Well 27/Magnolia) to be
designed and bid under a single set of contract documents. However, during design, City staff requested West Yost to separate these sites into two separate set of contract documents so that the City cou
ld issue separate construction Request for Proposals (RFP) for these sites.

Package 1 consisted of Trask and Westhaven, and Package 2 consisted of West Garden Grove, Lampson, and Well 27/Magnolia. The separation of these sites into two separate packages re sulted in additional
work related to
rework of the design packages, development of additional front
-
end

specifications,
additional bidding support, RFIs, and submittal reviews.

For Project FP
-
2 (Pressure Monitoring Improvements),
the City would like to relocate the pressure
monitoring station at Santa Barbara
Avenue to a new site located at Valley View Street. The cost associated with this task includes coordination with Southern California Edison, development of new engineering dr
awings for the Valley View site, and coordination with the contractor .

Project #2
:

V
arious delays and out
-
of
-
scope items increased the level of effort for West Yost’s scope of work. These items are described
below:

1. Sequence of work
:

Since
this

project was

implemented before
Project #1
, some challenges
(alarming, remote access, trending, etc.) had to be addressed through this project.

2. Construction s
chedule delay (15 months)

3. Partridge Lift Station

Docusign Envelope ID: A5D6AE96-6853-4F49-8186-712C0581050B 27 M
s
.

Rebecca Li

July
9 , 2024

Page
2 OCTR MARKETING
-

CLIENTS
-

CITY OF GARDEN GROVE
-
SCADA BUDGET AMENDMENT JUNE 2024

Components (ie. Generator communications modules, intrusion s witches, etc.) being
installed beyond construction window

Level transmitter substitution

Alarm dialer replacement

4. Belgrave Lift Station

Components (ie. Generator communications modules, intrusion switches, etc.) being installed beyond construction window

Level transmitter substitution

Alarm dialer replacement

Site lighting replacement

Replacement of two Variable Frequency Drives (VFD)

5. Tiffany Lift Station

Components (ie. Generator communications modules, intrusion switches, etc.) being installed beyond co
nstruction window

Level transmitter substitution

Alarm dialer replacement

Replacement of power feed wiring for each pump

Pump 1 was inoperative, resulting in additional testing

Troubleshooting Motor Saver issues for Pump 2

PROJECT

BUDGET

West Yost is reque
sting a budget amendment in the amount of
$
2 3
9 ,
762

for
the Scope of Services
provided above at the r
ates

prescribed in West Yost’s 2024 Billing Rates Schedule (see Attachment A).

Table 1 (below) provides a breakdown of budget by task:

Table 1.

Estimated Project Hours and Budget

Task

Level of Effort, hours

Estimated Budget, dollars

Task 1.

Project #1:

SCADA Master Plan Implementation
for Water Sites

4 71

1 3
6 ,
44 0

Task 1.1
Separation of High Priority Sites into Two Design
Packages

430

1 2
6,100

Task 1.2
Redesign for Relocation of Santa Barbara
Pressure Monitoring Station to Valley View

41 10,340

Task 2.

Project #2: Sewer SCADA Implementation

450

103,322

Task 2.1
Sequence of Work

91 19,000

Task 2.2
Construction
Schedule Delay

127

44,000

Task 2.3 Partridge Lift Station

62 12,000

Task 2.4 Belgrave Lift Station

70 7,822

Task 2.5 Tiffany Lift Station

100

20,500

Total

921

2 3
9,762

Docusign Envelope ID: A5D6AE96-6853-4F49-8186-712C0581050B 28 M
s
.

Rebecca Li

July
9 , 2024

Page
3 OCTR MARKETING
-

CLIENTS
-

CITY OF GARDEN GROVE
-
SCADA BUDGET AMENDMENT JUNE 2024

Thank you for
providing

West Yost the opportunity to
be of continued service
to
the
City
.

We look forward
to working with you on this important project.

Please call if you have any questions or require
additional

information
.

Sincerely,

WEST YOST

Michael Gruenbaum

Dan Groves

Project Manager

Business Sector Leader (OTCR)

Attachment
(s)
:

Attachment A.

West Yost’s 2024 Billing Rate Schedule
Docusign Envelope ID: A5D6AE96-6853-4F49-8186-712C0581050B 29 West Yost’s 2024 Billing Rate Schedule

Attachment

Docusign Envelope ID: A5D6AE96-6853-4F49-8186-712C0581050B 30 (Effective January 1, 2024, through December 31, 2024)*

POSITIONS

ENGINEERING
Principal/Vice President
$355
Engineer/Scientist/Geologist Manager I / II
$335
/
$351
Principal Engineer/Scientist/Geologist I / II
$302
/
$322
Senior Engineer/Scientist/Geologist I / II
$272
/
$286
Associate Engineer/Scientist/Geologist I / II
$226
/
$243
Engineer/Scientist/Geologist I / II
$176
/
$205
Engineering Aide
$106
Field Monitoring Services
$131
Administrative I / II / III / IV
$97
/
$121
/
$145
/
$160

ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II
$349
/
$351
Principal Tech Specialist I / II
$320
/
$331
Senior Tech Specialist I / II
$293
/
$306
Senior GIS Analyst
$265
GIS Analyst
$251
Technical Specialist I / II / III / IV
$187
/
$213
/
$239
/
$267
Technical Analyst I / II
$134
/
$160
Technical Analyst Intern
$108
Cross-Connection Control Specialist I / II / III / IV
$140
/
$151
/
$170
/
$189
CAD Manager
$211
CAD Designer I / II
$164
/
$185

CONSTRUCTION MANAGEMENT
Senior Construction Manager
$338
Construction Manager I / II / III / IV
$201
/
$215
/
$228
/
$289
Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $181
/
$201
/
$224
/
$232
Apprentice Inspector
$164
CM Administrative I / II
$87
/
$118
Field Services
$232
2024 Billing Rate Schedule

LABOR CHARGES (DOLLARS PER HOUR)
■

Hourly rates include charges for technology and communication, such as general and CAD computer software, telephone calls, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■

Outside services, such as vendor reproductions, prints, and shipping; major West Yost reproduction efforts; as well as engineering supplies, etc., will be billed at the actual cost plus 15%. ■

The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■

Subconsultants will be billed at actual cost plus 10%.
■

Expert witness services, research, technical review, analysis, preparation, and meetings will be billed at 150% of standard hourly rates. Expert witness testimony and depositions will be billed at 200% of standard hourly rates. ■

A finance charge of 1.5% per month (an annual rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. * This schedule is updated annually

Page 1 of 2 ends

Docusign Envelope ID: A5D6AE96-6853-4F49-8186-712C0581050B 31 (Effective January 1, 2024, through December 31, 2024)* Equipment Charges

EQUIPMENT
2" Purge Pump & Control Box
$300
/
day
Aquacalc / Pygmy or AA Flow Meter
$28
/
day
Emergency SCADA System
$35
/
day
Field Vehicles (Groundwater)
$1.02
/
mile
Gas Detector
$80
/
day
Generator
$60
/
day
Hydrant Pressure Gauge
$10
/
day
Hydrant Pressure Recorder, Impulse (Transient)
$55
/
day
Hydrant Pressure Recorder, Standard
$40
/
day
Low Flow Pump Back Pack
$135
/
day
Low Flow Pump Controller
$200
/
day
Powers Water Level Meter
$32
/
day
Precision Water Level Meter 300ft
$30
/
day
Precision Water Level Meter 500ft
$40
/
day
Precision Water Level Meter 700ft
$45
/
day
QED Sample Pro Bladder Pump
$65
/
day
Storage Tank
$20
/
day
Sump Pump
$24
/
day
Transducer Communications Cable
$10
/
day
Transducer Components (per installation)
$23
/
day
Trimble GPS – Geo 7x
$220
/
day
Tube Length Counter
$22
/
day
Turbidity Meter
$30
/
day
Turbidity Meter (2100Q Portable)
$35
/
day
Vehicle
(Construction Management)
$10
/
hour
Water Flow Probe Meter
$20
/
day
Water Quality Meter
$50
/
day
Water Quality Multimeter
$185
/
day
Well Sounder
$30
/
day

BILLING RATES
2024 Billing Rate Schedule
* This schedule is updated annually

Page 2 of 2 ends

Docusign Envelope ID: A5D6AE96-6853-4F49-8186-712C0581050B 32 Print Date 7/22/2024 11:37:31 AM

Page 1 of 1 ends

City of Garden Grove
Compliance Summary Report
Vendor Number
Vendor Name
AM Best Rating
Insurance Carrier
Policy #
Eff. Date
Exp. Date
Coverage
V01469

WEST YOST & ASSOCIATES,
INC.

Compliant
A+ , XIV
RLI Insurance Company
PSA0003122
9/1/2023
9/1/2024
Auto Liability
A+ , XIV
RLI Insurance Company
PSE0004755
9/1/2023
9/1/2024
Excess Liability
A+ , XIV
RLI Insurance Company
PSB0009675
9/1/2023
9/1/2024
General Liability
A+ , XIV
RLI Insurance Company
RDP0051926
9/1/2023
9/1/2024
Professional Liability
A+ , XIV
RLI Insurance Company
PSW0005293
9/1/2023
9/1/2024
Workers Comp
Risk Profile :

Professional Services/Consulting Medium Risk
Required Additional Insured :

City of Garden Grove, its officers, officials, agents, employees and volunteers Docusign Envelope ID: A5D6AE96-6853-4F49-8186-712C0581050B 33 Item 341/2024
Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Samuel Kim
Dept:

City Manager Dept: Public Works
Date: 8/27/2024

Subject: Approval of Amendment No. 5 to the contract with Willdan Engineering Inc. for On-Call Animal Control Officer Services. (Cost: $35,000) (Action Item)

OBJECTIVE

For City Council to approve Amendment No. 5 to the contract with Willdan Engineering Inc. (“Willdan”) for on-call Animal Control Officer Services.

BACKGROUND

The Animal Control Services Section (“ACS”) is responsible for covering 24/7 field operations, which includes regular daytime weekly shifts and on-call after-hour night shifts. On-call night shifts are typically scheduled from 5:30 p.m. to 7:00 a.m.

DISCUSSION

Willdan’s services have been recently utilized to cover daytime ACS staff shifts who were out on prolonged medical leave. Additionally, Willdan’s services are useful in providing after - hours coverage and essential support for daytime shifts – Willdan currently covers an average of two on-call night shifts and one-to-two day shifts per week. Willdan’s assistance in covering on-call night shifts tremendously helps ACS staff by reducing the number of night shifts Animal Control Officers must cover while already working a full day shift.

The existing contract price was established in March 2020 for an annual, not -to-exceed amount of $50,000. As contractual costs have generally increased over recent years, so has Willdan’s rates – therefore, staff is requesting to increase the contract by $35,000 to $85,000 to cover Fiscal Year 2024 -25 services. This is a one-time increase, as the contract ends in the current fiscal year. Recurring contractual amounts will be available upon the completion of the planned Request for Proposal (RFP) process. Future contract costs will be programmed into the department’s operating budget during the biennial budget development process.

34 Item 341/2024

Page 2 of 2 ends

FINANCIAL IMPACT

The additional cost of $35,000 to cover Willdan’s services will be borne by the existing Public Works Department’s Fiscal Year 2024-25 operational budget. No additional appropriation is necessary at this juncture.

RECOMMENDATION

It is recommended that the City Council:
 Authorize the City Manager to execute Amendment No. 5 with Willdan Engineering, Inc. for On-Call Animal Control Officer services and make minor modifications on behalf of the City.

By: Ana V. Neal, Principal Administrative Analyst

ATTACHMENT

1. Willdan Engineering Services Amendment No. 5

35 CITY OF GARDEN GROVE

AMENDMENT NO. 5

To: Provide as-needed services for contract Animal Control Service per Attachment A.

This Amendment No. 5 to Provide as-needed services for contract Animal Control Service per Attachment A, is made and entered into this ____ day of ___________ 2024, by and between the CITY OF GARDEN GROVE , hereinafter referred to as "CITY", and Willdan Engineering, Inc ., hereinafter referred to as "CONSULTANT".

WHEREAS, Contractor and CITY entered into Contract No. B220130 effective March 18, 2020.

WHEREAS, Contractor and CITY desire to amend the Existing Contract as provided herein.

Now, therefore, it is mutually agreed, by and between the parties as follows:

Section 3: Compensation - shall be revised as follows:

The contract price is hereby increased from $50,000.00 to $85 ,000.00 through March 18, 2025, which is the current term of the contract.

Except as expressly amended hereby, the Existing Contract remains in full force and effect as originally executed.

36 IN WITNESS WHEREOF , the parties have caused this Amendment No. 5 to the Existing Contract to be executed by their respective officers duly authorized on the date first written above.

Date: _____________ "CITY"

CITY OF GARDEN GROVE

By: ____________________________
City Manager
ATTESTED:

____________________________
City Clerk

Date: _______________________
"CONSULTANT"
Willdan Engineering, Inc.

By: ______________________________

Name: ___________________________

Title: ____________________________

Date: ____________________________

If CONSULTANT is a corporation, a
Corporate Resolution and/or
Corporate Seal is required. If a
partnership, Statement of
Partnership must be submitted to
CITY.

APPROVED AS TO FORM:

____________________________
Garden Grove City Attorney

________________________
Date

37 Item 337/2024
Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Ursula Luna-Reynosa
Dept:

City Manager Dept: Economic Development and
Housing

Date: 8/27/2024

Subject: Award of contracts to MNS Engineers, Inc. and Willdan Engineering to provide U.S. Department of Housing and Urban Development and State of California Department of Housing and Community Development consultation services. (Cost: MNS Engineers, Inc. - Not-to-Exceed $150,000 per year; Willdan Engineering - Not-to-Exceed $50,000 per year) (Action Item)

OBJECTIVE

For City Council to award contracts to MNS Engineers, Inc. and Willdan Engineering to provide U.S. Department of Housing and Urban Development (HUD) and State of California Department of Housing and Community Development (HCD) consultation services.

BACKGROUND

Since August 2022, Michael Baker International (MBI) has been providing HUD and HCD grant management consulting services to the City. Over the past two fiscal years, MBI has provided assistance and guidance on various projects, including : affordable housing compliance monitoring; revised Density Bonus application; Em ergency Solutions Grant compliance monitoring; environmental review training; HOME -American Rescue Plan Allocation Plan; Annual Action Plans; Consolidated Annual Performance and Evaluation Reports; Davis-Bacon, Section 3, Build America Buy America Act compliance monitoring; IDIS and HEROS technical assistance; Semi -Annual Labor Standards Enforcement Report; Housing Authority Administrative Plan Amendment; management of park improvement projects through the Community Services Department; and the 2025-2030 Consolidated Plan for the use of HUD funds. City staff has been consistently satisfied with MBI’s high level of customer service and housing expertise.

In June 2024 City staff began preparing for FY 2024-25 in collaboration with MBI, considering an amendment to extend their contract through June 30, 2025. During this process, the City was informed that several key MBI staff members, including those assigned to the City, are transitioning to MNS Engineers, In c. (MNS). This transition includes MBI’s Housing Division Manager and 17 key staff members.

38 Item 337/2024

Page 2 of 3 ends

DISCUSSION

To address these changes, an RFP was issued to solicit proposals from qualified firms with demonstrated expertise and experience in administering funds received from HUD and HCD.

Released on July 11, 2024, the RFP garnered two (2) formal proposals by the July 25, 2024 deadline. An internal selection panel evaluat ed and rated the se proposals bas ed on qualifications, proposal quality, budget, time management, and prior record of performance with other Governmental Agencies and the City of Garden Grove.

Based on the evaluation results, staff determined that both MNS Engineers, Inc. and Willdan Engineering are qualified and experienced organizations that can perform the duties required under the contract. Both organizations showed that they have the capacity to handle the entire scope of work that was outlined in the proposal.

The following is a summary of the ratings:

Rater MNS Engineers, Inc. Willdan Engineering
A 95 91
B 100 90
C 95 96

TOTAL 290 277

1. MNS Engineers, Inc. was founded in 1962 and has more than 60-years of experience specializing in construction management, civil engineering, and land surveying services. Their Housing Department will be the lead Project Team for this contract with over 80 years of combined experience in community planning, environmental compliance (CEQA/NEPA), regulatory permitting, municipal finance, and housing grant administration for HUD and HCD funded projects. Additionally, 17 members of their Housing Department staff transferred from MBI and have a great understanding of the City’s current needs with an exceptional track record performing the required dutie s requested through the RFP.

2. Willdan Engineering has over 60 -years of experience and has been a consistent industry leader providing all aspects of municipal, infrastructure, and transportation engineering; program management; financial consulting; munic ipal planning; environmental; energy related services, along with a full complement of related disciplines. Willdan Engineering has more than 1,600 employees over 50 locations nationwide that would be available to City staff, if needed. Willdan Engineering is currently in contract with the City’s Community Development and Public Works Departments, and have a great track record of performance.

MNS Engineers, Inc. and Willdan Engineering have extensive experience related to the scope of work outlined in the RFP, and City s taff recommends awarding both firms a contract for HUD and HCD consultation services in a combined not -to-exceed amount of $200,000 per year. City staff recommends funding MNS Engineers, Inc. a not -to-exceed of $150,000 per year for various services, including but not limited to; continue the annual affordable housing and subrecipient monitoring, preparing the annual HUD Action Plans and Consolidated Annual 39 Item 337/2024

Page 3 of 3 ends

Performance and Evaluation Reports, and Davis-Bacon Act, Section 3 and Build America Buy America Act monitoring. City Staff recommends funding Willdan Engineering a not-to-exceed amount of $50,000 per year to primarily perform Environmental Reviews for HUD funded projects and other grant management activities as needed.

FINANCIAL IMPACT

There is no impact to the General Fund . The previously approved $200,000 not -to-exceed contract with MBI will be replaced by the $150,000 contract with MNS Engineers, Inc. and the $50,000 contract with Willdan Engineering. The MBI contract was included in the Amended FY 2024-25 Budget that was approved by City Council on June 11, 2024, and there will be no further impacts to the General Fund.

RECOMMENDATION

It is recommended that the City Council:

 Award a contract for HUD and HCD consultation services to MNS Engineers, Inc., in the not-to-exceed amount of $150,000 per year, for a total performance period of up to five (5) years.
 Award a contract for HUD and HCD consultation services to Willdan Engineering, in the not-to-exceed amount of $50,000 per year, for a total performance period of up to five (5) years.
 Authorize the City Manager, or her designees to execute the contracts referenced above, and make minor modifications as appropriate thereto, on behalf of the City; and
 Authorize the City Manager, or her designees to exercise option year terms and sign the option year amendments.

ATTACHMENTS

1. MNS Engineers, Inc. Agreement

2. Willdan Engineering Agreement

40 PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made this , by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY") and MNS ENGINEERS, INC., herein after referred to as “CONSULTANT”.

RECITALS

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove Council Resolution No. 9212-14 (January 28, 2014).

2. CITY desires to utilize the services of CONSULTANT to provide services in the administration of grants received from the U.S. Department of Housing and Urban Development (HUD), including Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), and the Emergency Solutions Grant (ESG).

3. CONSULTANT is qualified by virt ue of experience, training, education and expertise to accomplish services.

AGREEMENT

THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Term and Termination The term of the agreement shall be from the date of this agreement through June 30, 2025, with options to extend said agreement for four (4) additional one-year periods corresponding the City’s July 1 through June 30 fiscal year . Option years shall be exercised at the end of the set agreement date, at the sole option of the CITY. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONSULTANT for work performed to date in accordance with CONSULTANT’s proposal which is attached as Attachment A and is hereby incorporated by reference. CONSULTANT is required to present evidence to support performed work.

2. Services to be Provided. The services to be performed by CONSULTANT shall consist of tasks as set forth in the Proposal. The Proposal is attached as Attachment A, and is incorporated herein by reference. The Proposal and this Agreement do not guarantee any specific amount of work.

3. Compensation. CONSULTANT shall be compensated as follows:

3.1 AMOUNT. Total Compensation under this agreement shall not exceed the amount of ONE HUNDRED FIFTY THOUSAND DOLLARS
41 2
($150,000.00) (the “NTE amount”) , payable in arrears and in accordance with proposal in Attachment “A”.

3.2 Payment. For work under this Agreement, payment shall be made per invoice for work completed. Within 45 day of delivery of goods or performance of services, CONSULTANT must promptly render an invoice to CITY or payment may be significantly delayed. For extra work not a part of this Agreement, a written authorization by CITY will be required, and pa yment shall be based on schedule included in Proposal (Attachment A).

3.3 Records of Expenses. CONSULTANT shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to CITY.

3.4 Termination. CITY and CONSULTANT shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.

4. Insurance requirements.

4.1 COMMENCEMENT OF WORK. CONSULTANT shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CIT Y of cancellation at least thirty (30) days in advance (10 days for cancellation for non -payment of premium) and provide a Waiver of Subrogation in favor of the City.

4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONSULTANT and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable.

4.3 INSURANCE AMOUNTS . CONSULTANT shall maintain the following insurance for the duration of this Agreement:

(a) Commercial general liability in an amount of $1,000,000.00 per occurrence (claims made and modified occurrence
policies are not acceptable); Insurance companies must
be acceptable to CITY and have a Best’s Guide Rating of A- , Class VII or better, as approved by the CITY.

(b) Automobile liability in an amount of $1 ,000,000.00 combined single limit (claims made and modified
occurrence policies are not acceptable); Insurance
42 3
companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.

(c) Professional liability in an amount not less than $1,000,000 per claim . Insurance companies must be licensed In
California and have a Best’s Guide Rating of A-,Class VII or better, as approved by the City. If the policy is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of the
agreement, and for a period of three (3) years from the date of the completion of services provided subject to its availability commercially a nd at reasonable cost . In the event of termination, cancellation, or material change in the policy, professional/consultant shall obtain continuing insurance coverage for the prior acts or omissions of
professional/consultant during the course of performi ng services under the term of the agreement. The coverage shall be evidenced either by a new policy evidencing no gap in coverage, or by obtaining separate extended “tail”
coverage with the present or new carrier.

An On-Going and Completed Operations Additional Insured Endorsement for the policy under section 4.3 (a) shall designate CITY, its officers, officials, employees, , and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONSULTANT. CONSULTANT shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, its officers, officials, employees, , and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CONSULTANT. CONSULTANT shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

For any claims related to this Agreement, CONSULTANT’s insurance coverage shall be primary insurance as respects CITY, it’s officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the CITY, its officers, officials, employees, , and volunteers shall be excess of the CONSULTANT’s insurance and shall not contribute with it.

If CONSULTANT maintains higher insurance limits than the minimums shown above, CONSULTANT shall provide coverage for the higher insurance limits otherwise maintained by the CONSULTANT.

43 4

5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONSULTANT in the event of any default or breach by CITY, or for any amount which may bec ome due to CONSULTANT.

5.1 Non-Liability of Officials and Employees of the CONSULTANT. No official or employee of CONSULTANT shall be personally liable to CITY in the event of any default or breach by CONSULTANT, or for any amount which may become due to CITY.

6. Non-Discrimination. CONSULTANT covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.

7. Independent Contractor. It is agreed to that CONSULTANT shall act and be an independent contractor and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.

8. Compliance with Law. CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.

CONSULTANT shall comply with, and shall be responsible for causing all contractors and subcontractors performing any of the work pursuant to this Agreement to comply with, all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of Californi a Department of Labor. The City makes no warranty or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements.

9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice.

These addresses shall be used for delivery of service of process.

a. MNS Engineers, INC.

Attention: Peter Minegar
3850 Vine Street, Suite 110
Riverside, CA 92507

b. City of Garden Grove
Attention: Monica Covarrubias
11222 Acacia Parkway
Garden Grove, CA 92840

10. CONSULTANT 'S PROPOSAL. This Agreement shall include CONSULTANT 'S proposal or bid which shall be incorporated herein by reference. In the event of 44 5
any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

11. Licenses, Permits, and Fees. At its sole expense, CONSULTANT shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.

12. Familiarity with Work. CONSULTANT shall perform all services in accordance with the Standard of Care and b y executing this Agreement, CONSULTANT warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONSULTANT 'S risk, until written instructions are received from CITY.

13. Time of Essence. Time is of the essence in the performance of this Agreement, subject however, to exercise of the Standard of Care required for performance of the Services.

14. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability, and reputation of CONSULTANT, its principals and employees were a substantial inducement for CITY to enter into this Agreement.

CONSULTANT shall not contract with any other entity to perform the service s required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONSULTANT is permitted to subcontract any part of this Agreement, CONSULTANT shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONSULTANT. CITY will deal directly with and will make all payments to CONSULTANT.

15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute t his Agreement and that by executing this Agreement, the parties are formally bound.

16. Indemnification. To the fullest extent permitted by law, CONSULTANT agrees to defend, and hold harmless CITY and its elective or appointive boards, officers, and employees from any and all claims, liabilities, expenses, or damages of any nature, including reasonable attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, to the extent arising out of, the negligence, recklessness and/or intentional wrongful conduct of CONSULTANT, CONSULTANT's agents, officers, employees, subcontractors, or independent contractors hired by CONSULTANT in the performance of the Agreement. The only exception to 45 6
CONSULTANT'S responsibility to protect, defend, and hold harmless CITY, is due to the negligence, recklessness and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees . This hold harmless agreement shall app ly to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT.

17. Appropriations. This Agreement is subject to and contingen t upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.

18. Modification. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or written. This Agreement may be modified only by subsequent mutual written agreement executed by CITY and CONSULTANT.

19. Waiver. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY and CONSULTANT.

20. California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced about this Agreement shall be filed in the central branch of the Orange County Superior Court.

21. Interpretation. This Agreement shall be interpreted as though prepared by both parties

22. Preservation of Agreement . Should any pr ovision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.

23. Waiver of Consequential Damages. Neither party shall have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict liability or otherwise, for any special, indirect, incidental, or consequential damages of any kind or nature whatsoever, such as but not limited to loss of revenue, los s of profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable.

24. Force Majeure. Consultant shall not be liable for any failure to perform or any impairment to its performance to the extent such failure or impairment is caused by any act of God, fire, flood, natural catastrophe, labor dispute or strike or shortage, national or state emergency, epidemic or pandemic, insurrection, riot, act of terrorism, war, act of government, any action or inaction of the City or a third -party engaged by it, and/or any other event, occurrence or circumstance beyond the reasonable control of Consultant. The 46 7
compensation due Consultant and the schedule governing the timing for Consultant's performance shall be equitably increased and extended, respectively, to address any such impacts to Consultant's performance.

25. Standard of Care. Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions (the “Standard of Care”).

\ \ \ \

(Agreement Signature Block on Next Page)

47 8
IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.

Date: _____________ "CITY"

CITY OF GARDEN GROVE

By: ___________________________
City Manager
ATTESTED:

____________________________
City Clerk

Date: _______________________

"CONSULTANT"
MNS Engineers, INC.

By: ___________________________

Name: _________________________

Title: __________________________

Date: __________________________

Tax ID No. ______________________

If CONSULTANT is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partner ship must be
submitted to CITY.

APPROVED AS TO FORM:

____________________________
Garden Grove City Attorney

________________________
Date
48 9

ATTACHMENT A
MNS ENGINEERS, INC. SCOPE OF WORK
49 PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made this , by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY") and WILLDAN ENGINEERING , herein after referred to as “CONSULTANT”.

RECITALS

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove Council Resolution No. 9212-14 (January 28, 2014).

3. CONSULTANT is qualified by virt ue of experience, training, education and expertise to accomplish services.

AGREEMENT

THE PARTIES MUTUALLY AGREE AS FOLLOWS:

3. Compensation. CONSULTANT shall be compensated as follows:

3.1 AMOUNT. Total Compensation under this agreement shall not exceed the amount of FIFTY THOUSAND DOLLARS ($50,000.00) (the “NTE 50 2
amount”), payable in arrears and in accordance with proposal in Attachment “A”.

3.2 Payment. For work under this Agreement, payment shall be made per invoice for work completed. Within 45 day of delivery of goods or performance of services, CONSULTANT must promptly render an invoice to CITY or payment may be significantly delayed. For extra work not a part of this Agreement, a written authorization by CITY will be required, and payment shall be based on schedule included in Proposal (Attachment A).

3.4 Termination. CITY and CONSULTANT shall have the right to terminate this agreement, without cause, by giving thi rty (30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.

4. Insurance requirements.

4.3 INSURANCE AMOUNTS . CONSULTANT shall maintain the following insurance for the duration of this Agreement:

(b) Automobile liability in an amount of $1 ,000,000.00 combined single limit (claims made and modified
occurrence policies are not acceptable); Insurance
51 3
companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.

If CONSULTANT maintains higher insurance limits than the minimums shown above, CONSULTANT shall provide coverage for the higher insurance limits otherwise maintained by the CONSULTANT.

52 4

8. Compliance with Law. CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.

9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice.

These addresses shall be used for delivery of service of process.

a. Willdan Engineering
Attention: Salvador Lopez Jr.
2401 E. Katella Avenue, STE. 300
Anaheim, CA 92806

b. City of Garden Grove
Attention: Monica Covarrubias
11222 Acacia Parkway
Garden Grove, CA 92840

10. CONSULTANT 'S PROPOSAL. This Agreement shall include CONSULTANT 'S proposal or bid which shall be incorporated herein by reference. In the event of 53 5
any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

11. Licenses, Permits, and Fees. At its sole expense, CONSULTANT shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.

13. Time of Essence. Time is of the essence in the performance of this Agreement, subject however, to exercise of the Standard of Care required for performance of the Services.

16. Indemnification. To the fullest extent permitted by law, CONSULTANT agrees to defend, and hold harmless CITY and its elective or appointive boards, officers, and employees from any and all claims, liabilities, expenses, or damages of any nature, including reasonable attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, to the extent arising out of, the negligence, recklessness and/or intentional wrongful conduct of CONSULTANT, CONSULTANT's agents, officers, employees, subcontractors, or independent contractors hired by CONSULTANT in the performance of the Agreement. The only exception to 54 6
CONSULTANT'S responsibility to protect, defend, and hold harmless CITY, is due to the negligence, recklessness and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees . This hold harmless agreement shall app ly to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT.

19. Waiver. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY and CONSULTANT.

21. Interpretation. This Agreement shall be interpreted as though prepared by both parties

24. Force Majeure. Consultant shall not be liable for any failure to perform or any impairment to its performance to the extent such failure or impairment is caused by any act of God, fire, flood, natural catastrophe, labor dispute or strike or shortage, national or state emergency, epidemic or pandemic, insurrection, riot, act of terrorism, war, act of government, any action or inaction of the City or a third -party engaged by it, and/or any other event, occurrence or circumstance beyond the reasonable control of Consultant. The 55 7
compensation due Consultant and the schedule governing the timing for Consultant's performance shall be equitably increased and extended, respectively, to address any such impacts to Consultant's performance.

\ \ \ \

(Agreement Signature Block on Next Page)

56 8
IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.

Date: _____________ "CITY"

CITY OF GARDEN GROVE

By: ___________________________
City Manager
ATTESTED:

____________________________
City Clerk

Date: _______________________

"CONSULTANT"
Willdan Engineering

By: ___________________________

Name: _________________________

Title: __________________________

Date: __________________________

Tax ID No. ______________________

If CONSULTANT is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partner ship must be
submitted to CITY.

APPROVED AS TO FORM:

____________________________
Garden Grove City Attorney

________________________
Date
57 9

ATTACHMENT A

WILLDAN ENGINEERING SCOPE OF WORK
58 Item 351/2024
Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: John Montanchez
Dept:

City Manager Dept: Community Services
Date: 8/27/2024

Subject: Adoption of a Resolution authorizing an application be submitted for the County of Orange Families and Communities Together (FaCT) Grant. (Amount: $845,000 per year)(Action Item)

OBJECTIVE

To request that City Council authorize staff to submit a grant application to the County of Orange Social Services Agency Families and Communities Together (FaCT) Program for grant funds to assist in funding services at Magnolia Park Family Resource Center.

BACKGROUND

Since 1999, the City has been the lead agency for the Garden Grove Community Collaborative, which provides the community with family preservation services at the Magnolia Park Family Resource Center. The majority of the funding for the center comes through a grant from the County of Orange, Fam ilies and Communities Together (FaCT) Program. The original grant received in 1999 was extended in years 2003, 2005, 2010, 2014, and once again in 2019 as part of a competitive grant process. County funded services provided by the Magnolia Park Family Resource Center include counseling, case management, information and referral, family support services, parent education, domestic violence prevention and treatment services, youth program, emergency assistance and childcare services.

DISCUSSION

In August 2024, the County of Orange Social Services Agency released a request for proposals for the FaCT family resource center services. Staff would like to request authorization to submit the application.

The City will serve as the lead agency for this grant proposal. The grant application requires proposed services for Family Resource Center Services, Family Stabilization Services, Elder Adult Support Services, and Differential Response – Path Once Services. The funded partners to provide for these services inclu de Interval House for domestic violence prevention and treatment services; Human Options for counseling servic es; All4Kids for family stabilization 59 Item 351/2024

Page 2 of 2 ends

services and differential response ; and, Council on Aging for elder adult support services.

Other family services will be provided through the by partner agencies from the community.

The grant funding covers a three-year period from July 1, 2025 through June 30, 2028. The grant funding available for each one -year period is as follows: Family Resource Center Services, $380,000; Family Stabilization Services, $175,000; Elder Adult Support Services, $140,000; and, Differential Response – Path Once Services, $150,000, for a total contract amount of $845,000 per year. The contract will have the option to extend for two (2) additional one-year periods, without a competitive bid process, at the sole discretion of the County.

FINANCIAL IMPACT

As lead agency, the City will be managing the $845,000 awarded annually for the services and programs offered at the Magnolia Park Family Resource Center. The grant requires a local match in the amount of $288,000 per year during the grant period. The matching requirement will be met through an appropriation from the City’s General Fund, and will be programmed in the biennial budget development process.

RECOMMENDATION

It is recommended that the City Council:
 Adopt the attached Resolution authorizing the submission of an application for the grant funds from the Orange County Social Services Agency Families and Communities Together; and
 Authorize annual grant fun ding match in the amount of $288,000 from the Gen eral Fund.

By: Janet Pelayo, Deputy Director

ATTACHMENT

1. Resolution MPFRC FaCT Grant

60 GARDEN GROVE CITY COUNCIL

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE,

CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR MAGNOLIA

PARK FAMILY RESOURCE CENTER AND THE GARDEN GROVE COMMUNITY

COLLABORATIVE UNDER THE COUNTY OF ORANGE FAMILIES AND COMMUNITIES TOGETHER (FaCT) PROGRAM

WHEREAS, the County of Orange, California is soliciting proposals for grants for the project mentioned above;

WHEREAS, the City of Garden Grove Community Services Department desires to act as the lead agency (Proponent) and submit a grant proposal for the continued operation of the Magnolia Park Family Resource Center and the Garden Grove Community Collaborative;
WHEREAS, the County of Orange Social Services Agency has been delegated the responsibility for the administration of the grant program, including establishing necessary procedures; and
WHEREAS, said procedures established by the County of Orange Social Services Agency require the Proponent to certify, by resolution, the approval of applications before submission of said applications to the County of Orange Social Services Agency.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Garden Grove, California, hereby resolves, finds and determines as follows:

1. Approves the filing of an application for local assistance for the Magnolia Park Family Resource Center and the Garden Grove Community Collaborative.

2. Appoints the City Manager and/or the Director of Community Services as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, and so on, which may be necessary for the completion of the aforementioned project.

61 Item 348/2024
Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Samuel Kim
Chief Amir El-Farra

Dept:

City Manager Dept: Public Works
Police Department

Date: 8/27/2024

Subject: Adoption of a Resolution to update the schedule of penalties for parking violations, and the Introduction and First Reading of an Oversized Vehicle Ordinance entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE AMENDING SECTION 10.56.110 AND REPEALING SECTION 10.56.115 OF CHAPTER 10.56 OF TITLE 10 OF THE GARDEN GROVE MUNICIPAL CODE

PERTAINING TO OVERSIZED VEHICLE PARKING AND RECREATIONAL VEHICLE PARKING. (Action Item)

OBJECTIVE

To secure City Council’s approval of the Oversized Vehicle Ordinance and accompanying resolution to update the schedule of penalties for parking violations.

BACKGROUND

Illegally-parked oversized vehicles pose a traffic hazard for pedestrian and vehicular safety, diminish the aesthetics of the community, and decrease property values. The Garden Grove Police Department has a dedicated Commercial Enforcement Officer that conducts oversized vehicle enforcement. Additional Police Department and Public Works st aff provide enforcement of parking regulations for these vehicles by issuing parking citations.

Enforcement challenges exist between the existing commercial and recreational vehicle regulations. The current commercial trailer regulations in Section 10.56 .110 and RV trailer regulations in Section 10.56.115 create apparent inconsistencies between the regulation of trailers. One section allows a trailer to be parked on the street for a 24-hour period, the other restricts them at all times. Additionally, t he existing commercial regulation requires enforcement personnel to measure each street prior to issuing a citation and does not extend restrictions to a ll City streets equitably. This, combined with a two -pronged enforcement requirement to mark a trailer for 24 hours before enforcement can occur, limits enforcement capabilities.

62 Item 348/2024

Page 2 of 3 ends

Further, the two current sections contain separate bail/penalty amounts. One section is preferred to equitably deter all oversized vehicle parking – no penalties are being increased with this update.

DISCUSSION

The Public Works Department and Police Department have worked with the City Attorney’s office to address the aforementioned legal and enforcement challenges that the teams are currently facing. A revised Oversized Vehicle section 10.15.110 is proposed to address all of these concerns, provide clarity for our residents, and include definitions of modified trailers and vehicles not considered in the existing regulations. The revised section 10.15.110 will address the previous two municipal code sections, and section 10.15.115 will be repealed.

At the June 20, 2024 meeting, the Public Works and Police Departments presented the revised oversized vehicle ordinance to the Traffic Commission during a study session. Subsequently at their July 2, 2024 meeting , the Garden Grove Traffic Commission approved the recommendation to advance the Oversized Vehicle Ordinance for City Council consideration.

The proposed ordinance addresses enforcement challenges, clarif ies the definition of an oversized vehicle, provide a singular penalty system for equitable deterrence, and address new modification of vehicle types that were not included in the original regulations. As defined in the proposed ordinance, an oversized vehicle will include ANY of the following:

 Any vehicle over 22 feet in length
 Any vehicle over 80 inches wide
 Trailers of any size
 RVs of any size
The current RV Permit Program established in 2017 remains unchanged. The revised regulations will continue to allow Garden Grove residents to obtain permits to load and unload trailers and RVs at no cost. The revised regulations will not impact the existing requirements for storage of recreational vehicles on private property.

FINANCIAL IMPACT

The approval of the Oversized Vehicle Ordinance and accompanying resolution does not have a financial impact. Existing law requires the installation of oversized vehicle traffic signs at City boundaries, which will be covered by the Public Works operational budget.

RECOMMENDATION

It is recommended that City Council:
 Conduct the first reading and introduce the attached Oversized Vehicle Ordinance; and  Adopt a resolution establishing an updated Schedule of Penalties for Parking Violations. 63 Item 348/2024

Page 3 of 3 ends

By: Karissa N. Yniguez, Senior Program Specialist

ATTACHMENTS

1. Oversized Vehicle Ordinance

2. Updated Penalty Schedule for Parking Violations Resolution

3. Existing Wide Vehicle/RV Parking Regulations

64 ORDINANCE NO. ___

AN ORDINANCE OF THE CITY CO UNCIL OF THE CITY OF GARDEN GROVE AMENDING SECTION 10.56. 110 AND REPEALING SECTION

10.56.115 OF CHAPTER 10.56 OF TITLE 10 OF THE GARDEN GROVE

MUNICIPAL CODE PERTAINING TO OVERSIZED VEHICLE AND
RECREATIONAL VEHICLE PARKING.

CITY ATTORNEY SUMMARY

This Ordinance revises Section 10.56. 110 of the Garden Grove Municipal Code pertaining to wide vehicles and tra ilers and combines it with Section

10.56.115 relating to recreational vehicles into a revised Section 10.56.110 pertaining to oversized vehicles to better mitigate traffic hazards for pedestrian and vehicular safety and to eliminate any possible confusion between the current commercial and recreational vehicle regulations.

WHEREAS, the parking of oversized vehi cles, including recreational vehicles, on public rights-of-way raise a number of public safety concerns, including the obstruction of access to roadways during emergency response, r eduction of visibility at intersections, increased opportunities for vehicular thefts and the creation of unsafe environments for persons dwelling within and around them; and

WHEREAS, the City would like to mitigate the public safety concerns associated with the parking of oversized vehicles on the City’s rights-of-way.

NOW, THEREFORE, THE CITY COUNCI L OF THE CITY OF GARDEN GROVE HEREBY ORDAINS AS FOLLOWS:

SECTION 1. Section 10.56.110 of Chapter 10.56 of Title 10 of the Garden Grove Municipal Code is hereby amended in its entirety to read as follows:
§ 10.56.110 Oversized Vehicle Parking.

A. Definitions. Unless otherwise specif ically provided, the words and phrases used in this section shall have the following meanings:

1. An “Oversized Vehicle” means the following:
a. Any vehicle with a length in ex cess of 22 feet and/or width in excess of 80 inches. For purposes of determining the width of an automobile, measurements wil l be taken from the widest point of the vehicle in its present condition at th e time of the inspection; or
b. A Recreational Vehicle; or
65 Garden Grove City Council
Ordinance No.

Page 2 ends

4890-3776-9946, v. 1
c. A Trailer.

2. A “Commercial Vehicle” shall have the same meaning as Vehicle Code § 260 as may be amended from time to time.

3. A “Recreational Vehi cle” or “RV” means a vehicle of any size designed or modified for human ha bitation or for the conveyance and/or shelter of persons or goods for purposes of leisure-time activities, including a motor home, tr avel trailer, van, truck camper, camping trailer, boat, or off-the-road vehicle.

4. A “Trailer” means a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle.

B. Permit Required.

1. Except as provided for Commercia l Vehicles below, no person shall park any Oversized Vehicle regardless of width on any public street without a permit issued by the City Manager or designee.

2. A Commercial Vehicle that is also an Oversized Vehicle may park on a street or highway only when such vehicle is parked temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers in connection with the performance of a service to the property adjacent to t he curb at which such vehicle is parked.

C. Recreational Vehicles. No person shall park and leave standing on any public or private street, alley or public property any Recreational Vehicle, except pursuant to a permit issued by the City Manager or designee as provided for in this section.

D. Permits.

1. The City Manager or designee ma y issue 72-hour Oversized Vehicle parking permits to City residents for the sole purpose of loading and unloading before and after travel , and not to exceed 12 non- consecutive permits in any calendar year per residential address.

2. The permit shall only allow the parking of an Oversized Vehicle in front of the address of the resident applying for the permit. No more than one permit per address shall be issued at any given time. 66 Garden Grove City Council
Ordinance No.

Page 3 ends

4890-3776-9946, v. 1
E. Administrative Regulations. Th e City Manager or designee shall have the authority to promulgate administrat ive regulations and an application process for the issuance of permits authorized by this section.

F. Permit Fees. The City Council may, by resolution, establish fees to defray the costs of processing permits.

SECTION 2. Section 10.56.115 of Chapter 10.56 of Title 10 of the Garden Grove Municipal Code is hereby repealed.

SECTION 3: If any section, subsection, s ubdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, hel d to be invalid or unconstitutional by the decision of any court of compet ent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance a nd each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irres pective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.

SECTION 4: The Mayor shall sign and the Cit y Clerk shall certify to the passage and adoption of this Ordinance and shall cause t he same, or the summa ry thereof, to be published and posted pursuant to t he provisions of law and this Ordinance shall take effect thirty (30) days after adoption.

67 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE,

CALIFORNIA, ESTABLISHING AN UPDATED SCHEDULE OF PENALTIES FOR

PARKING VIOLATIONS

The City Council of the City of Garden Grove, California, hereby finds, determines, declares, and resolves as follows:

WHEREAS, violations of local and state regulations respecting the standing or parking of vehicles are subject only to civ il penalties and are governed by the civil administrative process found in California Vehicle Code sections 40200, et seq; and WHEREAS, pursuant to California Vehi cle Code section 40203.5, the parking violation fee schedule and late payment penalties must be establishe d by the governing body of the jurisdiction where the notice of violation is issued; and WHEREAS, municipalities may also enter equipment violations on notices of parking violations pursuant to California Vehicle Code section 40225(a) and process said violations in accordance with the civil adminis trative process found in California Vehicle Code section 40200, et seq.; and
WHEREAS, the City Council has reviewed the existing parking violation penalty schedule and now desires to approve an updated penalty schedule for parking violations in order to ensure continued compliance with state and local regulations and to maintain an effective parking violation deterrence program.

NOW, THEREFORE, THE CITY COUNCIL OF THE CI TY OF GARDEN GROVE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. That the above reci tals are true and correct and are incorporated herein by reference.

SECTION 2. That parking violation penalti es for violations of the California Vehicle Code, Garden Grove Municipal C ode, and City Council Policies pertaining to parking regulations and vehicle equipment specifications are hereby amended and restated and are approved as set forth in Ex hibit “1,” entitled “Garden Grove Parking Violation Penalty Schedule,” which is atta ched hereto and incorporated by reference herein.
68 Garden Grove City Council
Resolution No.

Page 2 ends

4869-8446-1786, v. 1
EXHIBIT 1

GARDEN GROVE PARKING VIOLATION PENALTY SCHEDULE
Section Description Fine

10.56.030(C) GGMC NO PARKING SIGNS POSTED/RED CURB $49

10.56.030(E)GGMC CAUSING HAZARD $49

10.56.030(F) GGMC NO PKNG CLEANING/CONSTRUCTION/REPAIR $49

10.56.030(G) GGMC EMERGENCY GATHERING/TRAFFIC CONGESTION $49

10.56.030(H) GGMC WITHIN 20 FEET CROSSWALK APPROACH $49

10.56.030(I) GGMC WITHIN 20 FEET TRAFFIC SIGNAL/STOP SIGNS $49

10.56.040(A) GGMC PARKED ON PARKWAY $49

10.56.060(A) GGMC STPG/STDG/PK G MORE THAN 20 MINUTES $49

10.56.060(B) GGMC STPG/STDG/PRKG MORE THAN 1 HR $49

10.56.060(C)GGMC STPG/STDG/PKG MORE THAN 2 HRS $49

10.56.060(D) GGMC OTHER SPECIFIED TIME PKG $49

10.56.070(B) GGMC PARALLEL PARKED ONE WAY STREETS $77

10.56.080(B)(1) GGMC DIAGON AL PKNG WITHIN SPACE $49

10.56.080(B)(2) GGMC DIAGONAL PARKING HEAD IN $49

10.56.090(B) GGMC PARK W/IN MARKED SPACES $49

10.56.100(A) GGMC PARKING IN EXCESS OF 72 HOURS $49

10.56.110(A) GGMC OVERSIZED VEHICLE 1ST VIOLATION $111

10.56.110(B) GGMC OVERSIZED VEHICLE 2ND VIOLATION $215

10.56.110(C) GGMC OVERSIZED VEHICLE 3RD VIOLATION $524

10.56.120(B) GGMC PKG ON CITY PROP WHERE PROHIB $49

10.56.130 (B) GGMC OFF STREET LOT POSTED SIGNS $49

10.56.150 GGMC NO PARKING ALLEY $49

10.56.160 GGMC PARKING OFF OF HIGHWAY IN SAFE MANNER $49

10.56.170 GGMC PARKING WITHIN INTERSECTION $49

10.56.200(A) GGMC STREET SWEEPING $53

10.56.210 (A) GGMC PERMIT PARKING $72
4000 (A) CVC EXP REG-$10 W/PROOF ON TIME $70
5200(A) CVC DISP PLATES-$10 W/PRF ON TIME $34
5200(B) CVC REAR PLATE ISSUED ONLY $34
5204(A)(1) CVC LIC TABS IMPROP DISP $10 W/PRF $70
21113 (A) CVC NO PARKING PUBLIC GROUNDS $43
21211 (B) CVC PARK IN BICYCLE LANE $34
22500 (A) CVC PKG W/I INTERSECTION $43
69 Garden Grove City Council
Resolution No.

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4869-8446-1786, v. 1
Section Description Fine
22500 (B) CVC PKG ON A CROSSWALK $43
22500 (C) CVC PARKING AT RED CURB $43
22500 (D) CVC 15FT DRVWY ENTR. FIRE STN $43
22500 (E) CVC FRONT PUBLIC/PRIVATE DRIVEWAY $43
22500 (F) CVC PARKING ON A SIDEWALK $43
22500 (G) CVC PARKING OBSTRUCTING TRAFFIC $43
22500 (H) CVC DOUBLE PARKING $43
22500 (I) CVC PKG LOADING/UNLOADING ZONE $266
22500 (J) CVC PKG IN A TUBE OR TUNNEL $43
22500 (K) CVC PARKING ON A BRIDGE $43
22500 (L) CVC NO PARKING - WHEELCHAIR ACCESS $292
22500 (M) CVC PUBLIC TRANSIT BUSES $43
22500 (N) CVC WITHIN 20 FEET OF CROSSWALK/15 FEET NO CURB $43 22500.1 CVC NO PARKING - FIRE LANE $66
22502 (A) CVC PARALLEL W/I 18 INCHES OF CURB $43
22502 (E) CVC ONE WAY STREET PARALLEL $43
22504 (A) CVC OBSTRUCT HIGHWAY $43
22505 (B) CVC STATE HIGHWAY SIGNS $43
22507.8 (A) CVC DISABLED ZONE $292
22507.8 (A) CVC PKD IN DISABLED SPACE $292
22507.8 (B) CVC OBSTRUCTING DISABLED STALL $292
22507.8(C)(2) CVC DISABLED ZONE $292
22514 CVC PKG W/IN 15FT OF FIRE HYDRANT $43
22519 CVC REGULATION OF OFF-STREET PKG $43
22521 CVC PARKING UPON OR NEAR RR $43
22522 CVC PKG W/IN 3FT OF SIDEWALK CUT $292
22523 (A) CVC ABANDONED VEHICLE $111
Late Fee $30
Extra Collections 30%
AB 503 Payment Plan Processing $5

70 § 10.56.110 Wide Vehicle and Trailer Parking.

A. During hours of darkness, no person shall pa rk any vehicle, except a private passenger automobile, of a width in excess of 80 inches ot her than to make deliver ies or repairs of an emergency nature on either the vehicle itself or to the adjacent properties on any of the following described street locations:

1. Any street, or the cul-de-sac thereof, which has a curb-to-curb width of 40 feet or less.

2. Any street on which a traffic lane line has been painted where the distance between the painted lane line and the nearest part of the vehicle or trailer is 14 feet or less.

B. No person shall park any trailer regardless of width on any street for a period of time greater than 24 hours.

C. No person shall park any commercial vehicle having a width of 80 inches or more on any street or highway except when such vehicle is parked temporarily in connection with the performance of a service to the property adjacent to the curb at which such vehicle is parked.

§ 10.56.115 Recreational Vehicle Parking.

A. No person shall park and leave standing on any public or private street, alley or public property any recreational vehicle, except pursuant to a pe rmit issued by the City Manager or designee as provided for in this section. For purposes of this section a "recreational vehicle" means a vehicle for the conveyance and/or shelte r of persons or goods for purposes of leisure-ti me activities, including a motor home, travel trailer, van, truc k camper, camping trailer, boat, or off-the-road vehicle.

B. The City Manager or designee may issue 72-hour recreational vehicle parking permits to City residents for the sole purpose of loading and unloading before and after travel, and not to exceed 12 non-consecutive permits in any calendar year pe r residential address. The permit shall only allow the parking of a re creational vehicle in front of the address of the resident applying for the permit, with at least one day in between each of the 12 permits allowed per calendar year per address. No more than one permit per address shall be issued at any given time.

C. The City Manager or designee may issue week ly recreational vehicle parking permits not to exceed seven days per permit to City residents, and not to exceed six non-consecutive permits in any calendar year per residential address. The permit shall only allow the parking of a recreational vehicle in front of the address of the resident applying for the pe rmit, with at least one day in between each of the six permits a llowed per calendar year per addr ess. No more than one permit per address shall be issued at any given time.

D. The City Manager or designee shall have the authority to promulgate administrative regulations and an application process for the issuance of permits authorized by this section.

E. The City Council may, by resolution, establish fees to defray the costs of processing permits. 71 Item 354/2024
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Niki Wetzel
Dept:

City Manager Dept: Community Development
Date: 8/27/2024

Subject: Second Reading and Adoption of Ordinance No. 2956 entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING ZONING AMENDMENT NO. A-039-2024 AND AMENDING CHAPTER

5.40 OF TITLE 5 AND CHAPTERS 9.04 AND 9.18 OF TITLE 9 OF THE GARDEN

GROVE MUNICIPAL CODE PERTAINING TO POOL ROOMS, BILLIARD PARLORS AND POOL HALLS, AND INCIDENTAL AMUSEMENT DEVICES. (Action Item)

Attached for second reading is Ordinance No. 2956 recommended for adoption.

RECOMMENDATION

ATTACHMENT

1. Ordinance 2956

72 ORDINANCE NO. 2956

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING ZONING AMENDMENT NO. A-039-2024 AND AMENDING CHAPTER

5.40 OF TITLE 5 AND CHAPTERS 9.04 AND 9.18 OF TITLE 9 OF THE GARDEN

GROVE MUNICIPAL CODE PERTAINING TO POOL ROOMS, BILLIARD PARLORS AND

POOL HALLS, AND INCIDENTAL AMUSEMENT DEVICES

CITY ATTORNEY SUMMARY

This ordinance approves an amendment to Title 9 (Land Use) of the Garden Grove Municipal Code to clarify an d eliminate inconsistencies in the definitions and references pertaining to billiard parlors and pool halls; to update and clarify the special oper ating conditions and development standards that apply to billiard parlor s and pool halls in the mixed-use zoning districts; and to expressly permit billiard parlors and pool halls as an incidental use to a “full service dine-in eating establishment/restaurant" in the CC-2 (Civic Center Main Street ) Zone, subject to compliance with specified special operat ing conditions and development standards and approval of a conditional use permit . This ordinance also makes minor amendments to Chapter 5.40 of Garden Grove Municipal Code pertaining to the regulation of pool rooms to ma ke the regulations consistent with the definitions and regulations for billiard parlors and pool halls in the Land Use Code and to clarify the circumstance s under which businesses that contain pool tables as an incidental, rather than a primary, use are exempt from the requirement to obtain a separate permit from the Police Chief and to comply with other specified regulations in Chapter 5.40 that generally apply to pool rooms and pool halls.

THE CITY COUNCIL OF THE CITY OF GA RDEN GROVE FINDS AND DETERMINES AS FOLLOWS:

WHEREAS, HTB, Inc. submitted a requ est for approval of a Zoning Text Amendment to Title 9 (Land Use) of the Ga rden Grove Municipal Code pertaining to billiard parlors and pool halls to facilitate the operation of an incidental billiard parlor with eight (8) pool tables to an existi ng CC-2 (Civic Center Main Street) zoned restaurant located on the west side of Main Street, between Garden Grove Boulevard and Acacia Parkway, at 12941 Main Street, Assessor’s Parcel No. 089-213-12 (the “Property”); and

WHEREAS, the proposed Zoning Te xt Amendment No. A-039-2024 would update portions of Chapters 9.04 and 9.18 of Title 9 of the Garden Grove Municipal Code to clarify and eliminate inconsistenc ies in the definitions and references pertaining to billiard parlors and pool halls; to update and clarify the special operating conditions and development standards that apply to billiard parlors and pool halls in the mixed-use zoning district s; and to conditionally permit billiard parlors and pool halls as an incidental use to a “full servic e dine-in eating establishment/restaurant" the CC-2 (Civic Center Main Street) Zone , subject to specified specified special 73 Garden Grove City Council
Ordinance No. 2956

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operating conditions and development standards; and

WHEREAS, the City of Garden Grove is also proposing a text amendment to Chapter 5.40 of the Garden Grove Municipal Code pertaining to the regulation of pool rooms to make the regulations consistent with the definitions and regulations for billiard parlors and pool halls in the Land Use Code and to clarify the circumstances under which businesses that contain pool and similar gaming tables as an incidental, rather than a primary, use are exempt from the requirement to obtain a separate police permit and to comply with other spec ified regulations in Chapter 5.40 that generally apply to pool rooms and pool halls; and

WHEREAS, following a public hearing held on June 20, 2024, the Garden Grove Planning Commission adopted Resolution No. 6090-24 recommending the City Council to approve Zoning Amendment No. A-039-2024; and

WHEREAS, pursuant to a legal notice, a Public Hearing regarding the Project was held by the City Council on August 13, 2024, and all interested persons were given an opportunity to be heard; and

WHEREAS, the City Council gave due and careful consideration to the matter during its meeting of August 13, 2024, and considered all oral and written testimony presented; and

WHEREAS, this ordinance is categori cally exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines (14 Cal. Code Regs., Section 15301); and

WHEREAS, the City Council hereby incorporates by reference the findings and reasons set forth in Planning Commission Resolution No. 6090-24 and makes the following findings regarding Zoning Amendment No. A-039-2024:

A. Amendment No. A-039-2024 is internally consistent with the goals, policies, and elements of the General Plan.

B. Amendment No. A-039-2024 is deemed to promote the public interest, health, safety and welfare.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DOES ORDAIN AS FOLLOWS:

Section 1. The City Council finds that the above recitals are true and correct.

Section 2. Zoning Amendment No. A-039-2024 is hereby approved pursuant to the findings set forth herein and the facts and reasons stated herein and in Planning Commission Resolution No. 6090-24, a copy of which is on file in the City Clerk’s Office and incorporated herein by reference with the same force and effect as if set 74 Garden Grove City Council
Ordinance No. 2956

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forth in full.

Section 3. Section 5.40.110 (Incidental Use) of Chapter 5.40 (Pool Rooms) of Title 5 (Business Operation Taxes, Permits and Regulations) of the Garden Grove Municipal Code is hereby amended as follows (additions in bold/italicized/underlined text; deletions in strikethrough text):

5.40.110 Incidental Use

A. Operation of a pool room or pool hall with a total of two three or fewer pool, billiard, bagatelle, snooker, bumper, or similar game tables as an is a permitted incidental use in conjunction with operation of a bona-fide restaurant , bar, or other similar business or business licensed for sale of alcoholic bever ages for consumption on premises legally established pursuant to this Code, and is exempt from the provisions of Sections 5.40.010, 5.40.020, 5.40.030 , and 5.40.040 , and

5.40.070 of this chapter. However, the businesses shall be subject to the provisions of Sections 5.40.050, 5.40.060, and 5.40.080 of this chapter.

B. Operation of a pool room or pool hall in conjunction with another business or use that requires approval of a conditional use permit pursuant to Title 9 of this Code, where the pool room or pool hall is accessory and subordinate to the primary business use and occupies not more than 30% of the gross floor area of the building structure housing such primary business or use, is exempt from the provisions of Section 5.40.010, of this chapter. However, the business shall be subject to all other provisions of this chapter.

Establishment and operation of a pool room or pool hall with a total of three or fewer pool or billiard tables in conjunction with a primary business that requires a conditional use permit shall also be subject to the requirement of a conditional use permit. Such incidental use may be set forth as a condition on the face of the conditional use permit for the primary use. No additional conditional use permit fee shall be required when the incidental use is requested at the ti me of application for the primary business.

Section 4. Section 5.40.120 (Incidental Use) of Chapter 5.40 (Pool Rooms) of Title 5 (Business Operation Taxes, Permits and Regulations) of the Garden Grove Municipal Code is hereby amended as follows (additions in bold/italicized/underlined text; deletions in strikethrough text):

5.40.120 Pool Room Definition

A. “Pool room” or “pool hall” means a business which primary purpose is to offers to the public a building stru cture or portion thereof in 75 Garden Grove City Council
Ordinance No. 2956

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which are located one or more tables designed or used for play of the game of pool, billiards, bagatelle, snooker, bumper pool, or similar games.

B. The term s “pool room” and “pool hall” shall not include any residential dwelling unit that contains a table for the play of pool, billiards, and similar games, for which no pecuniary compensation is required or given for such play.

Section 5. Subsection C. of Section 9.04.060 (Definitions) of Chapter 9.40 (General Provisions) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended to delete the following duplicative and outdated definition for “‘Pool hall’ or ‘billiard parlor’” (deletions in strikethrough text).

“Pool hall” or “billiard parlor” means a building, stru cture or portion thereof in which are located one or more tables designed or used for play of pool, billiards, bagatelle, snooker, bumper pool, or similar games, or any establishment required to obtain a permit under Section

5.40.020 of this code.

The existing definition for “‘Billiard parlor’ or “pool hall’” set forth in subsection C. of Section 9.04.060 reading as follows shall remain unchanged:

“Billiard parlor” or “pool hall” means a building, structure or portion thereof in which are located three or more tables designed or used for play of pool, billiards, bagatelle , snooker, bumper pool or similar games, or any establishment required to obtain a permit under Chapter

5.40 of this code.

Section 6. Subsection C. of Section 9.04.060 (Definitions) of Chapter 9.40 (General Provisions) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended to revise the definition of “Incidental amusement device(s)” as follows (additions in bold/italicized/underlined text; deletions in strikethrough text):

“Incidental amusement device(s)” means any place of business containing not more than nine total amusement devices, including, but not limited to, pinball, air hockey, video games, and no more than two pool tables and or billiard tables, for use by the public at a fee, when incidental to the primary use on the premises.

Section 7. Table 9.18-1 (Use Regulations for Mixed-Use Zones) in Section

9.18.020.030 (Uses Restricted to Indoor) of Section 9.18.020 (Uses Permitted) of Chapter

9.18 (Mixed Use Regulations and Development Standards) of the Garden Grove Municipal Code is hereby amended as follows to establish “Billiard Parlor / Pool Hall” as a conditionally permitted incidental use to a full-service dine-in eating establishment in the Civil Center Main Street (CC-2) zone (additions in bold/italicized/underlined text; deletions in strikethrough text):
76 Garden Grove City Council
Ordinance No. 2956

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Table 9.18-1
Use Regulations for the Mixed-Use Zones

P = Permitted. Use permitted by right
C = Conditional Use. Use eligible for consideration under the conditional use procedures and permitted only if the conditional use permit is approved, subject to the specific conditions of such permit.

I = Incidental Use. Use permitted only if incidental to another primary use on the same site. If incidental to a use authorized by a conditional use permit, such incidental use is permitted only if included within the terms of the conditional use permit.
[-] = Not a permitted use.

Permitted
Uses
GGMU-1,
-2, -3 CC-1 CC-2 CC-3 CC-OS NMU AR
Additional Regulations and
Comments
. . .

Recreation, Amusement, Entertainment
. . .

Billiard
Parlor/Pool
Hall
C [-] [-]I* [-] [-] C [-] See Section 9.18.030.100
(Billiard Parlor/Pool Hall).

In the CC-2 zone, billiard
parlors and pool halls are
only allowed as an
incidental use to a full-
service dine-in eating
establishment/restaurant.
. . .

Section 8. Section 9.18.030.100 (Billia rd/Pool Hall) of Section 9.18.030 (Specific Uses – Special Operating Conditions and Development Standards) of Chapter

9.18 (Mixed Use Regulations and Development Standards) of the Garden Grove Municipal Code is hereby amended as follows (additions in bold/italicized/underlined text; deletions in strikethrough text):

9.18.030.100. Billiard Parlor/Pool Hall.

A. Conditional Use Permit Required. Billiard parlors and pool halls, either as a primary or incidental use , shall require a conditional use permit and be subject to the requirements set forth in Chapter 5.40 (Pool Rooms) of the Municipal Code. In addi tion, a conditional use permit for a billiard parlor or pool hall shall be considered to be null and void if the establishment ceases operation for 30 or more consecutive days.

B. Location Restrictions.

1. Billiard parlors and pool halls shall not be permitted to be located within 200 feet of any "R" zoned property or any PUD established exclusively for residential use, any property containing a 77 Garden Grove City Council
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residential use, or any building owned and occupied by a public agency.

2. Billiard parlors and pool halls shall not be permitted in a location which would tend to produce a hazard or nuisance to other permitted uses and activities in the vicinity, including such considerations as noise, late nigh t operations, loitering, and public safety.

C. Waiver of Distance and Location Provisions. For a
residential/commercial mixed use development project as defined in this title, aAny property owner or his or her authorized agent may, as part of the conditional use permit process, apply to the hearing body for a waiver from any of the distance and location provisions contained and/or cross- referenced in this section. The hear ing body, through the hearing process for the conditional use permit, may grant a waiver to any distance or location provision for a residential/c ommercial mixed use development if the following findings can be made:

1. That the proposed use will not be contrary to the public interest or injurious to nearby pr operties, and that the spirit and intent of this section will be observed;

2. That the proposed use will no t unreasonably interfere with the use and enjoyment of neighboring property or cause or exacerbate the development of urban blight;

3. That the use will not interfer e with the operations of other businesses or uses in the vicinity of on the site;

4. That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation or revitalization; nor will it interfere with any program being carried out pursuant to the community redevelopment law;

5. That the establishment complies with all other distance and pedestrian and vehicular requirements of this code; and

6. That all applicable regulation s of this code will be observed.

D. Access. With the exception of emergency access, all pedestrian and vehicular access to a billiard parlor or pool hall shall be oriented toward a principal, major, or primary arteri al street, such as Garden Grove Boulevard, Magnolia Street, and Brookhurst Avenue, except in the CC-2 zone, primary access and entry may be oriented toward Main Street. Access via a secondary arterial or local residential street shall be 78 Garden Grove City Council
Ordinance No. 2956

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prohibited. Arterials and local residenti al streets are defined in the City's General Plan Circulation Element.

E. Doors. Doors of the establishment shall be kept closed at all times during the operation of the establishment except in the case of an emergency or to permit deliveries.

F. Conditions on Use. The hearing body shall have the authority to impose conditions on a billiard parlor or pool hall to ensure compliance with the provisions of this section and to mitigate against potential nuisance or public safety concerns. Those conditions may include, but are not limited to, restricting hours of operation, r equirements for security lighting and cameras, requirements for private security, monitoring of parking lots, and background checks of operators and employees.

G. Denial. The hearing body shall have the authority to deny a conditional use permit a pplication for a billiard parlor or pool hall if the hearing body finds, based on evidence on the record, that approval of such a use would result in an undue concentr ation of uses with the potential to create adverse conditions within the surrounding area with respect to noise, traffic, late night activities, calls for police services, and other public health, safety, and welfare concerns.

H. The following additional special conditions shall be applicable to eating establishments/restaurants with incidental billiard parlors and pool halls located within the CC-2 zone:

1. For purposes of this section, "full service dine-in eating establishment/restaurant" is defined as an establishment that contains a customer dini ng area as well as sufficient space and equipment for a full restaurant kitchen. The
kitchen shall be open and preparing food during all hours the establishment is open, and sha ll provide a full menu of food items typically offered in restaurants. Take-out
establishments or establishments that only serve items such as sandwiches, salads, snacks or microwave items shall not be deemed to satisfy this definition.

2. Incidental Use: Billiard pa rlors and pool halls shall be permitted only in conjunction with a full service dine-in eating establishment/restaura nt. Billiard and pool playing activities shall not be utilized as a stand-alone use, primary use or as an attraction to draw customers to the
establishment.

3. Conditional Use Permit. A conditional use permit shall be required.
79 Garden Grove City Council
Ordinance No. 2956

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4. Food Service. Food service shall be provided during all hours of operation. The kitchen shall be open and preparing food during all hours the establishment is open, and shall provide a full menu of food items typically offered in
restaurants.

5. Hours of Operation; Security. The hours of operation may be limited and security measures may be required
through the conditional use permit.

6. Windows. Windows shall be kept clear at all times and provide an unobstructed view of the dining and pool playing areas from the public right-of-way.

Section 9. Severability. If any sectio n, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it woul d have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words, or portions thereof be declared invalid or unconstitutional.

Section 10. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect on the date that is thirty (30) days after adoption.

The foregoing Ordinance was passed by the City Council of the City of Garden Grove on the ___ day of ____________.

ATTEST:

MAYOR
_______________________________

DEPUTY CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )

I, LIZABETH VASQUEZ, Deputy City Clerk of th e City of Garden Grove, do hereby certify that the foregoing Ordinance was introduced for first reading and passed to second reading on August 13, 2024, with a vote as follows:

80 Garden Grove City Council
Ordinance No. 2956

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AYES: COUNCIL MEMBERS: (6) BRIETIGAM, DOVINH, KLOPFENSTEIN,

NGUYEN-PENALOZA, TRAN, JONES
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (1) O’NEILL

81 Item 347/2024
Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: William E. Murray
Dept:

City Manager Dept: Public Works
Date: 8/27/2024

Subject: Approval of Amendment No. 4 to the Agreement with Graffiti Protective Coatings, Inc., for On-Call Graffiti Removal (Cost: $225,000) (Action Item)

OBJECTIVE
For City Council to approve Amendment No. 4 to the Agreement with Graffiti Protective Coatings, Inc. (“GPC”) to: (1) increase the contract’s existing term from $377,427 to $497,427 – an increase of $120,000 through November 30, 2024, and (2) to increase the contract’s next term from $377,427 to $482,427 – an increase of $105,000, from December 1, 2024 to November 30, 2025 – for a total combined increase of $225,000.

BACKGROUND

The Garden Grove Public Works Department is responsible for managing the contract with GPC. The main objective of the graffiti abatement program is to remove graffiti, within 24 - hours, found in the public right-of-way in order to maintain an aesthetically vibrant City that proactively enhances the quality of life of its residents and attracts and retains businesses.

Over recent months, there has been a visible increase in graffiti found in both the public right- of-way and private property facing public streets. Further, throughout 2024 graffiti on private property continues to be the most reported issue on the City’s ‘Report an Issue’ platform. Of the 1,815 requests Code Enforcement has received year-to-date, 568 pertain to graffiti on private property – approximately 30% of all cases. Respectively, the City proceeded to implement a 30-day pilot program to abate graffiti found in both, the public right-of-way and private property fronting public streets.

DISCUSSION

The pilot program was administered from June 24, 2024 through July 23, 2024. Instituted operational changes were as follows:

Before Pilot Program 30-Day Pilot Program
2 Graffiti Removal Trucks 3 Graffiti Removal Trucks
Truck No. 1 - six days per week Truck No. 1 – seven days per week Truck No. 2 – three days per week Truck No. 2 – seven days per week Truck No. 3 – three days per week
Locations: Public Right-of-Way Locations: Public Right-of-Way and Private Property 82 Item 347/2024

Page 2 of 2 ends

The number of total responses during the pilot program were 2, 392, compared to 1,160 responses in June 2024 and 1,300 in May 2024. Also, approximately 98% of all responses were completed under 24 hours of either being first reported by residents or first observed in the field by contractors. Equally important, by the end of July, the City saw a reduction of code enforcement cases generated for graffiti on private properties, coinciding with the implementation of the 30 -day pilot program that included the addition of the third t ruck, seven-day weekly service, and removal of graffiti on private property.

Based on the pilot program’s success in reducing the number of reported code enforcement cases related to graffiti and the overall reduction in graffiti found in the public right -of-way, the City is recommending to permanently increase the level of service for GPC. The increased level of service will include the following: (1) two operating trucks seven days a week, (2) removal of graffiti found in public and private property facing public streets. This additional scope of work will amount to an increase of $120,000 through November 30, 2024 – the existing contract end date and an increase of $105,000 from December 1, 2024 to November 30, 2025 – the contract’s next year term, for a total combined increase of $225,000.

FINANCIAL IMPACT

The needed additional funding of $225,000 is included in the amended Fiscal Year 2024-2025 operational budget. No additional appropriation is necessary for the current fiscal year. The increased funding level for graffiti abatement p rogram will be programmed in the future budget development process.

RECOMMENDATION

It is recommended that City Council:

 Approve Amendment No. 4 to the Agreement with Graffiti Protective Coatings Inc., to:
(1) increase the contract’s existing term from $ 377,427 to $497,427 – an increase of $120,000 through November 30, 2024, and (2) increase the contract’s next term from $377,427 to $482,427 – an increase of $105,000, from December 1, 2024 to November 30, 2025 – for a total contract increase of $225,000.

 Authorize the City Manager to execute Amendment No. 4 and make minor modifications to the Agreement as needed.

By: Raul Leyva, Streets Supervisor

ATTACHMENT(S)

1. Graffiti Protective Coatings Amendment No. 4

83 CITY OF GARDEN GROVE

AMENDMENT NO. 4

To: Furnish all Materials, Labor, Tools and Supplies to Perform Graffiti Abatement Maintenance Services for the City of Garden Grove per RFP S-1275.

This Amendment No. 4 to Furnish all Materials, Labor, Tools and Sup plies to Perform Graffiti Abatement Maintenance Services for the City of Garden Grove per RFP S-1275, is made and entered into this ____ day of ___________ 2024, by and between the CITY OF GARDEN GROVE , hereinafter referred to as "CITY", and Graffiti Prote ctive Coatings , Inc., hereinafter referred to as "CONTRACTOR".

WHEREAS, Contractor and CITY entered into Contract No. P200729 effective December 1, 2020.

WHEREAS, Contractor and CITY desire to amend the Existing Contract as provided herein.

Now, therefore, it is mutually agreed, by and between the parties as follows:

Section 1: Term and Termination, shall be revised as follows:

The CITY hereby extends the performance period from December 1, 2024 to November 30, 2025.

Section 3: Compensation - shall be revised as follows:

The contr act price is hereby increased from $377,427.00 to $497, 427.00, an increase of $120,000.00, to accommodate an increase in additional graffiti clean-up work through the current term of the contract (December 1, 2023 to November 30, 2024) ; and

Increase the contract amount from $377,427.00 to $482,427.00, an increase of $105,000.00, to accommodate an increase in additional graffiti clean-up work for the term of December 1, 2024 to November 30, 2025.

Except as expressly amended hereby, the Existing Contract remains in full force and effect as originally executed.

84 IN WITNESS WHEREOF, the parties have caused this Amendment No. 4 to the Existing Contract to be executed by their respective officers duly authorized on the date first written above.

Date: _____________ "CITY"

CITY OF GARDEN GROVE

By: ____________________________
City Manager
ATTESTED:

____________________________
City Clerk

Date: _______________________
"CONTRACTOR"
Graffiti Protective Coatings, Inc.,

By: ______________________________

Name: ___________________________

Title: ____________________________

Date: ____________________________

If CONTRACTOR is a corporation, a
Corporate Resolution and/or
Corporate Se al is required. If a
partnership, Statement of
Partnership must be submitted to
CITY.

APPROVED AS TO FORM:

____________________________
Garden Grove City Attorney

________________________
Date

85 Item 353/2024
Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Matt West
Dept:

City Manager Dept: City Manager
Date: 8/27/2024

Subject: Discussion on an update to the City's Tree Removal Policy. (Action Item)

OBJECTIVE

For the City Council to discuss and to make a determination for providing direction to staff for the analysis of the current City Council Policy No. 700-04, the Resident Petition for Street Tree Removal and Replacement.

BACKGROUND

At the City Council Meeting held on August 13, 2024, Council Member Brietigam raised safety and liability concerns for non-native residential parkway trees that pose a potential hazard.

The current tree removal policy requiring a minimum of 75 percent of adjacent property owners to sign a petition for tree removal has proven problematic for some property owners.

Council Member Brietigam requested that staff review and update the current policy, which was unanimously supported by the City Council Members present.

DISCUSSION

Attached is Policy No. 700 -04, that outlines the City’s process for residential tree removal; also attached is Ordinance No. 2922, adopted in 2021, that outlines the City’s tree regulation for trees on public places.

FINANCIAL IMPACT

There is no Financial Impact from reviewing and providing an update on the City’s tree policy.

RECOMMENDATION

It is recommended that the City Council:
 Provide direction to staff for the analysis and update to the City’s tree removal policy.

86 Item 353/2024

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ATTACHMENTS

1. City Council Policy No. 700-04

2. Ordinance No. 2922

87 ggpolicy.doc (213) 6/22
SUBJECT: POLICY EFFECTIVE

RESIDENT PETITION FOR NUMBER DATE
STREET TREE REMOVAL AND 700-04 11-07-72
REPLACEMENT AMENDED: 11-27-18
AMENDED: Ordinance No.
2922 adopted
5-25-21

It is the policy of the City Council with reference to street tree removal and replacement resultant from citizen-initiated petitions, that:

A petition may be presented by citizen action in a given area for the removal and replacement of existing City trees, if in the opinion of the petitioners, the trees are undesirable. The following conditions must be met:

1. The petition must be signed by the adjacent property owners in accordance with the following percentage schedule based upon the number of trees involved:

a. 0 to 15 Trees 75%
b. 16 to 25 Trees 80%
c. 26 trees and over 85%

2. All costs for removal and mitigation will be borne by the petitioner. Mitigation may include replacement with an approved species, or payment of fees as established by resolution of the City Council.

3. The work is to be performed by contract, under City specifications and administered by the City. The cost will be determined by the City Manager, and would be placed on deposit with the City prior to removal being initiated.

4. It will be the responsibility of the petitioners to collect and deposit the necessary funds with the City to cover the cost of the project.

5. In that granting requests initiated by petitions is discretionary, each petition request will be considered individually, and will be determined on the merits of the individual request.

88 ORDI NANCE NO. 2922

AN ORDI NANCE OF THE CI TY COUNCI L OF THE CI TY OF GARDEN GROVE AMENDI NG CHAPTER 11.32 OF TI TLE 11 OF THE GARDEN GROVE MUNI C I PAL CODE

PERTAI NI NG TO TREES ON PUBLI C PLACES

Cit y At t or n ey Su m m ar y

Th is Or d in an ce am en d s Ch ap t er 1 1 .3 2 ( Tr ees) of Tit le 1 1 ( Pu b lic Pr op er t y ) of t h e Gar d en Gr ov e Mu n icip al Cod e t o h elp p r eser v e, p r ot ect an d p r om ot e t h e h ealt h , saf et y an d g en er al w elf ar e of t h e p u b li c b y p r ov id in g f or t h e r eg u lat ion of t r ees locat e d on p u b lic p laces.

THE CI TY COUNCI L OF THE CI TY OF GA RDEN GROVE DOES HEREBY ORDAI N AS FOLLOWS:

SECTI ON 1: Chapter 11.32 (Trees) of Title 11 (Publ ic Property) of the Garden Grove Municipal Code is hereby am ended in its entirety as stated in the revised Chapter 11.32 attached hereto and incorpor ated herein by reference.

SECTI ON 2: I f any section, subsection, subdivision , sentence, clause, phrase, word, or portion of this Ordinance is, for any re ason, held to be invalid or unconstitutional by the decision of any court of com petent jurisdict ion, such decision shall not affect the validity of the rem aining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or por tion thereof, irrespective of the fact that any one or m ore sections, subsections, su bdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.

SECTI ON 3: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the sam e , or the sum m ary thereof, to be published and posted pursuant to the provis ions of law and this Ordinance shall take effect thirty (30) days after adoption.

The foregoing Ordinance was passed by th e City Council of the City of Garden Grove on the 25th day of May 2021.

/ s/ STEVE JONES
MAYOR
ATTEST:

/ s/ TERESA POMEROY, CMC ____

CI TY CLERK

89 Garden Grove City Council
Ordinance No. 2922

Page 2 ends

STATE OF CALI FORNI A )
COUNTY OF ORANGE ) SS:

CI TY OF GARDEN GROVE )

I , TERESA POMEROY, City Clerk of the Ci ty of Garden Grove, do hereby certify that the foregoing Ordinance was introduced for fir st reading and passed to second reading on May 11, 2021, with a vote as follows:

AYES: COUNCI L MEMBERS: (7) BRI ETI GA M, O’NEI LL, NGUYEN D., BUI , KLOPFENSTEI N, NGUYEN K., JONES
NOES: COUNCI L MEMBERS: (0) NONE
ABSENT: COUNCI L MEMBERS: (0) NONE

and was passed on May 25, 2021 , by the following vote:

AYES: COUNCI L MEMBERS: (6) BRI E TI GAM, O’NEI LL, NGUYEN D., KLOPFENSTEI N, NGUYEN K., JONES
NOES: COUNCI L MEMBERS: (0) NONE
ABSENT: COUNCI L MEMBERS: (1) BUI

/ s/ TERESA POMEROY, CMC

CI TY CLERK

90 Garden Grove City Council
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CHAPTER 11.32 (TREES) OF TI TLE 11 (PUBLI C PROPERTY) OF THE

GARDEN GROVE MUNI CI PAL CODE ATTACHED ON FOLLOWI NG PAGES

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Ch ap t er 1 1 .3 2 TREES

1 1 .3 2 .0 1 0 Pu r p ose an d I n t en t

A. I t is the purpose of this chapter to preserve, protect and prom ote the health, safety and general welfare of the public by providi ng for the regulation of trees located on thoroughfares, parks and public areas owned or controlled by the City. These regulations al so apply to new developm ents and alterations to previous developm ents on private pro perty.

B. I t is the intent of this chapter to:

1. Preserve, m aintain, and care for trees on public property.

2. Regulate the planting, m aintenance and rem oval o f trees.

3. Establish tree planting standards to ensure that newly planted trees thrive.

4. Protect the com m unity from personal injury and p roperty dam age caused or threatened by im proper planting, pruning, m aintenance or rem oval of trees.

5. Em phasize the im portance of trees and vegetation as both visual and physical buffers.

6. I m prove air quality by reducing air pollution an d carbon dioxide levels in the atm osphere.

7. Reduce the effects of heat, noise, and glare fro m traffic and lights.

8. Provide and preserve shade and tree canopy to reduce am bient tem peratures and heat island effects.

9. Prevent soil erosion.

1 1 .3 2 .0 2 0 Def in it io n s

Words and phrases used in this chapter that are not specifically defined in this section shall be interpreted so as to give them the m eaning they have in com m on usage and to give this chapter its m ost reasonable application. The following words, term s and phrases, when used in this chapter , shall have the m eanings ascribed to them in this section, exc ept where the context clearly indicates a different m eaning:

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“Adjacent property owners” m eans the owners of property directly adjacent to the parcel on which the subject tree is located. I f th e tree is located on City-owned property or right-of-way owned in fee, the “adjacent property owners” include the owners of propert(ies) within ten (10) feet of the tree and the parcels adjacent thereto.

“Arborist” an individual who is a specialis t in the care and m aintenance of trees and is certified by the I nternational Society of Arbori culture (I SA) or is a registered consulting arborist ce rtified by the Am erican Society of Consulting Arbor ists (ASCA) in good standing.

“City Manager” m eans the City Manager of the City o r his/ her designee.

“Park” includes all existing public park s and those to be developed in the future.

“Park Tree” includes all trees, shrubs and other wo ody vegetation growing in existing public parks and those to be developed in the future.

“Public places” includes all other areas own ed by the City or to which the public has free access.

“Public thoroughfare” includes all land lying between property lines on either side of all City streets, alleys, and boulevards.

“Root protection zone” m eans, generally, 18 inches (18”) to 24 inches (24”) deep and a distance from the trunk of a tree equal to one-half its height or its drip line, whichever is greater.

1 1 .3 2 .0 2 0 Cit y Ju r isd ict io n an d Au t h o r it y

A. The City Manager shall have the juri sdiction, authority, control, supervision and direction over all trees planted or growing in the City, except where exem pted in this chapter.

B. The City Manager shall prepare and pu blish guidelines and specifications for tree planting, tree species selection, care, m ainte nance, rem oval and landscape design in a docum ent enti tled "Tree Ordinance Guidelines" for reference and use by property owners, developers, c onsultants and the general public in furtherance of the requ irem ents and intent of this chapter.

The Tree Ordinance Guidelines shall be reviewed periodically by the Planning Com m ission.

C. The City Manager shall review all applications f or perm its for any planting, rem oval and/ or trim m ing or cutting of trees subject to this chapter and shall have the authority to grant or deny perm its and to attach reasonable conditions to the granting of a perm it.

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1 1 .3 2 .0 3 0 Nu isan ce Ab at em en t

A A tree, shrub, or part thereof shall be declared a nuisance, if one or m ore of the following conditions are m et:

1. I nterferes with the use of any public thoroughfa re, park or public place.

2. I s unsafe and constitutes a hazard to the life, health, safety, or property of the public.

3. Constitutes a center of infection for disease or insects that m ay endanger the health and life of other trees or shru bs.

B. I n the event of a nuisance, the ow ner shall be notified in writing of the existence of such public nuisance and given reasona ble tim e for its correction or rem oval. I f not corrected or rem ove d within the tim e allowed, the City Manager shall cause said nuisance to be corrected o r rem oved, and initiate such procedures or court action as necessary to def ray all cost resulting therefrom .

1 1 .3 2 .0 4 0 Pr ot ect io n f or Tr ees on Pu b lic Pr op er t y

A. No person shall spray, fertilize, re m ove, destroy, cut, top, or otherwise severely prune, including the root system , or treat any tree or shrub having all or any portion of its trunk in or upon any public property without first obtaining a written perm it from the City , and without com plying strictly with the provisions of the perm it, this chapter, and the “Tree Ordinance Guidelines.”

B. No person shall plant any tree or shru b on any public street right-of-way or public property without first obtainin g a perm it from the City and without com plying strictly with the provisions of the perm i t, the provisions of this chapter and the “Tree Ordinance Guidelines.”

C No person shall dam age, cut, or carve any tree o r shrub having all or any portion of its trunk in or upon any public property ; attach any object, including, but not lim ited to, rope, wire, nail, ch ain or sign to any such tree or shrub, or to the guard or stake inte nded for the protection of such tree.

D. No person shall place, store, deposi t, or m aintain, upon the ground in any public street or public place, any co m pacted stone, cem ent, brick, sand or other m aterials which m ay im pede or obstruct the fr ee passage of air, water and fertilizer to the roots of any tree or shrub growing in any such street or public place without written authorization from the City.

E. No person shall change the natural dr ainage; excavate an y ditches, tunnels, or trenches; or lay any drive within the root prote ction zone of any tree 94 Garden Grove City Council
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having all or any portion of its trunk in or upon any public property without obtaining a perm it from the City and without strictly com plying with the provisions of the perm it and provisions of this Cha pter.

F. No person shall perform , or contract with another to perform , excavation or construction work within the drip line of any tree having all or any portion of its trunk in or upon any public proper ty without first obtaining a perm it in accordance with this chapter.

G. No person shall place salt, oil, or any other substance injurious to plant growth upon any public thoroughfare, park, or publi c place in such m anner as to injure any tree or shrub growing thereon.

H. No person shall build any fire or st ation any engine in any public place in such a m anner that the heat, vapors, or fum es there from m ay injure the trees or shrubs growing thereon.

I . No person shall perm it any leak to exist in any gas pipe or m ain within the root zone of any tree or shrub.

J. No person shall allow or continue to pollute the air surrounding any tree or shrub with toxic sm oke, gases, or other injurious c hem icals that m ay be harm ful to the health or life of such tree or shrub .

K. Liability for dam ages or injuries to an y tree or shrub having all or any portion of its trunk in or upon public proper ty resulting from a violation of this chapter shall be determ ined by the City in accordan ce with section 11-32- 160. The person perform ing the work, the property owner and the person contracting for the perform ance of the work shall b e jointly and severally liable for any penalties or other enforcem ent action im posed pursuant to this chapter, or other provisions of law on account of w ork perform ed in violation of this chapter. However, no claim s shall be m ade m ore than five (5) years after dam age can be proven to have occurred.

L. Any tree service perform ing tree pruni ng or rem oval activities on public property m ust have an ar borist or authorized City em ployee, as defined in this chapter, present onsite to perform or oversee the work.

1 1 .3 2 .0 5 0 Per m it Ap p licat ion an d I ssu an ce

A. No perm it shall be issued under this chapter unt il the application is subm itted and the appropriate fee is paid, not less than two (2) weeks in advance of the tim e the work is to be done, unl ess otherwise perm itted by the City Manager to abate an im m ediate hazard.

B. The City Manager shall issue the appropriate per m it as provided for herein if, in his or her judgm ent, the proposed work adheres t o specifications contained in this chapter and in the Tree Ordinance Guidelines. 95 Garden Grove City Council
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C. The person receiving the perm it shall abide by a ll conditions stated on the perm it and by the standards establish ed in the Tree Ordinance Guidelines.

D. Any Tree Perm it granted shall contain a definite date of expiration. The work shall be com pleted in the tim e allowed on the perm i t, and only in the m anner as therein described.

E. Notice of com pletion shall be given wi thin five (5) days to the City Manager for inspection.

F. Where a Tree Perm it for rem oval has been denied, the property owner m ay appeal the decision to the City Manager within ten (10) days of the denial.

The appeal m ay be heard by an official or designee not involved in the denial of the perm it. The decision of the official or design ee shall be final.

1 1 .3 2 .0 6 0 Resid en t Pet it ion f o r St r eet Tr ee Rem o v al an d Rep lacem en t

A petition m ay be presented by citizen action in a given area for the rem oval and replacem ent of existing City trees, if in the opinion of the petitioners, the trees are undesirable. The following conditions m ust be m et:

1. The petition m ust be signed by the adjacent pro perty owners in accordance with the following percentage schedule based upon t he num ber of trees involved:

a. 0 to 15 Trees 75%
b. 16 to 25 Trees 80%
c. 26 trees and over 85%

2. All costs for rem oval and m itigati on will be borne by the petitioner.

Mitigation m ay include repl acem ent with an approved species, or paym ent of fees as established by resolution of the City Counc il.

3. The work is to be perform ed by contract, under City specifications and adm inistered by the City. The cost w ill be determ ined by the City Manager, and would be placed on deposit with the City prior to rem oval being initiated.

4. I t will be the responsibility of the petitioner s to collect and deposit the necessary funds with the City to cover the cost of the project.

5. I n that granting requests initiated by petitions is discreti onary, each petition request will be considered individually, and will be determ ined on the m erits of the individual request.

1 1 .3 2 .0 7 0 Con st r u ct ion an d Ut ilit y Pr oj ect s

The City Manager shall review and approve all plans and City perm its for construction, installation, altering, m oving , or razing of all buildings, utilities, 96 Garden Grove City Council
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sidewalks, sewers, or other operations wher e trees or shrubs, or parts thereof are involved. Plans and perm its shall include a tree protection plan that includes the following:

1. Location, species, size, height, canopy, conditi on of trees, and irrigation infrastructure within the work area.

2. I dentification/ location of root protec tion zone for each tree greater than ten (10) feet diam eter four and one-half (4 ½ ) feet above the average ground level.

3. I dentification of trees to be preserved.

4. I dentification, description and locati on of tree protection m easures (e.g. fencing, trunk protection, m ulch blanket, root barrier, etc.).

1 1 .3 2 .0 8 0 Pr ot ect in g Tr ees or Sh r u b s Pr ior t o Con st r u ct ion or Rep air

A. All tree protection m easures on an approved plan and/ or perm it shall be in place and installed to th e satisfaction of the City Manager, prior to the com m encem ent of any construction ac tivities, including but not lim ited to:
erecting, altering, repairing, dem olishing, trenchi ng, digging, or grading.

B. All building m aterials, equipm ent, dirt or other debris shall be kept outside the root protection zone. Tree prot ection m easures shall not be rem oved unless or until the City Manager authorizes it to b e rem oved.

1 1 .3 2 .0 9 0 Pr ot ect io n f r om Elect r ical W ir in g

No person shall perm it any wire designed to carry e lectric current to com e in contact with any tree or shrub unless protected by m ethods approved by the City Manager. Further, any person having or m aintaining such electric service shall m aintain them in such a m anner safeguarding the tre es and shrubs and shall m ake periodic adjustm ents whenever necessary to prevent dam age to the trees and shrubs.

1 1 .3 2 .1 0 0 Mov in g Bu ild in g or Ob j ect —Tr ee Rep air , Rem ov al or Rep lacem en t Resp on sib ilit y

When the m oving of any building or obje ct along a public highway will injure, threaten, or necessitate the rem oval of any tree or shrub on public property, the owner or contractor shall apply for a per m it, and if approved shall assum e full responsibility for such rem oval, replacem ent, repair, or alteration of such trees or shrubs.

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1 1 .3 2 .1 1 0 Pr ot ect ion Resp on sib ilit y in Pu b lic Places

I t shall be the duty of the person m aintaining serv ices or structures in a public highway, park, or public place to assum e responsibility for the protection of such facilities during the progress of tree o perations deem ed necessary by the City Manager provided prior notice has been give n said person of the existence of such tree operations.

1 1 .3 2 .1 2 0 Com p lian ce w it h Reg u lat ion s

Full com pliance with all regulations of the City sh all be required in reference to this chapter.

1 1 .3 2 .1 3 0 En f o r cem en t

A. I t shall be the responsibility of the Ci ty Manager to see that all the provisions of this chapter are obeyed, and all com p laints as to the violation of this chapter shall be presented in writing, and prosecution for all violations of this chapter shall be instituted by and shall be prosecu ted in the nam e of the City.

B. The City Manager m ay assign an inspec tor to supervise the provisions of all perm its herein involved, and the cost of such service shall be charged to the person involved.

1 1 .3 2 .1 4 0 Cor r ect ion Resp on sib ilit y

Any person violating any of the provisio ns of this chapter shall assum e full responsibility for the rem oval, replacem ent, repair , or alteration of such trees and shrubs according to the specifications deem ed neces sary by the City Manager.

1 1 .3 2 .1 5 0 I n t er f er en ce w it h Au t h or it y

No person shall hinder, prevent, or interf ere with the agents or em ployees of the City while engaged in carrying out the provisions of this chapter.

1 1 .3 2 .1 6 0 Pen alt ies

A. Generally. Any person who violates any of the provisions of this chapter, or rules or orders adopted or issued pursuant to this chapter, shall be subject to any one, all, or a com bination of the civ il penalties prescribed by this section.

Penalties assessed under this chapter are in additi on to and not in lieu of com pliance with the requirem ents of this chapter. T he person perform ing the work, the property owner and the per son contracting for the perform ance shall be jointly and severally liable for any penal ty or other enforcem ent action im posed pursuant to this chapter or other provisions of law on account of work perform ed in violation of this chapter.

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B. Civil penalties. Civil penalties for violations of this Chapter shall be assessed pursuant to the following:

1. Failure to plant original or replac em ent trees in accordance with this chapter shall be subject to a fine of $50.00 for each tree not planted.

No civil penalty shall be assessed until the person alleged to be in violation has been notified of the violation and given an opportunity within a reasonable tim e to correct the violation. I f the site is not brought into com pliance within the tim e specified i n the notice of violation, a civil penalty m ay be asse ssed from the date the notice of violation is received. The failure to plant each individual tree shall constitute a separate, daily and continuing violati on.

2. I njury or dam age to, or destruction of, trees an d shrubs protected by sections 11.32.070 and 11.32.080 that result in the total loss of the tree or shrub shall be assessed in accordance with generally accepted industry evaluation m ethods for th e loss of the trees and shrubs.

However, the m axim um civil penalty for each tree in jured, dam aged or destroyed shall not exceed $20,000.00. No notice of violation is necessary prior to the assessm ent of a civil penalty issued pursuant to this subsection.

3. I njury or dam age to, or destruction of, trees an d shrubs protected by sections 11.32.070 and 11.32.080 that do not result in the total loss of the trees shall be assessed for each tree or shrub in accordance with generally accepted industry evaluation m ethods. How ever, the m axim um am ount of the penalty shall not exceed $1,0 00.00. No notice of violation is necessary prior to the asses sm ent of a civil penalty issued pursuant to this subsection.

4. Failure to install or m aintain r equired tree protection m easures in accordance with 11.32.070 and 11.32.080 shall be su bject to $1,000.00 fine. No civil penalty shall be assessed until the person has been notified of the violation and given an opportu nity within a reasonable tim e to correct the violation. I f the s ite is not brought into com pliance within the tim e specified in the notice of violation, a civil penalty m ay be assessed from the da te the notice of violation is received. The failure to install the required tree protection m easures shall constitute a separate, daily and continuing violation. I njury or dam age to, or destruction of, trees in the tree protection zone and tree save area resulting from inadequate or om itted tree protection m easures constitutes a separate violation which m ay subject the violator to any other applicable pen alty set forth in this section.

5. Any other action that constitute s a violation of this chapter m ay subject the violator to a civil penalty of $50.00, and each day of continuing violation shall constitute a separate violation. However, the m axim um am ount of the penalty shall not exceed $1,0 00.00. 99 Garden Grove City Council
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C. Nonm onetary penalty. A nonm onetary pe nalty, in the form of increased or additional planting requirem ents, m ay be assessed in addition to or in lieu of any m onetary penalties prescribed under this sectio n.

1 1 .3 2 .1 7 0 Cit y Co u n cil Rev iew

Where practical difficulties or unnecessary hardshi ps inconsistent with the purposes of this part result from its literal inte rpretation or enforcem ent, the City Council m ay waive, m odify, or delay the enforcem ent of thes e provisions upon written request of the developer or the property owner, whi ch request shall be in writing and filed with the City Clerk and shall cont ain any and all facts that are offered in support of said request.

100

Garden Grove City CouncilAugust 27, 2024

Garden Grove City Council
August 27, 2024