Garden Grove City Council
November 12, 2024

DISCUSSION

Since adoption of Urgency Interim Ordinance No. 2950, Community Development staff has surveyed 21 cities to obtain information on how other cities classify and regulate Substance Abuse Treatment Centers; toured other facilities to better understand the operations of use; discussed best practices and requested “ Calls for Service” for existing facilitie s located in other cities; discussed security measures and best operational practices with the Garden Grove Police Department; and discussed potential regulations for Substance Abuse Treatment Centers with the City Attorney. Though much work has been done , staff needs additional time to review Municipal Code regulations including operational standards, zoning regulations, locational criteria, and other pertinent revisions aimed at minimizing the potential negative impacts from Substance Abuse Treatment Cen ters. Due to the need to protect the public safety, health and welfare of the community, staff is requesting a 12 -month extension to Urgency Interim Ordinance No. 2950.

The adoption of the extension to this urgency ordinance requires 4 affirmative votes of the City Council. If approved by a four-fifths vote, the temporary moratorium will be extended for an additional period of 12-months, through December 19, 2025. While in effect, City staff will continue a comprehensive review of its regulations and determine the adequate regulations for Substance Abuse Treatment Centers to protect the health and safety of residents. Government Code Section 65858(d) requires that 10 days prior to the expiration of the urgency ordinance or extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition that led to the adoption of the ordinance. This report complies with this requirement.

ENVIRONMENTAL REVIEW
This ordinance is not a project within the meaning of Sectio n 15378 and is exempt under Section 15061(b)(3) of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The ordinance prohibits Subst ance Abuse Treatment Centers from being established in the City and therefore will maintain current levels of development during the moratorium period.

FINANCIAL IMPACT

None.

RECOMMENDATION

It is recommended that the City Council:

 Conduct a Public Hearing; and

 Adopt Urgency Interim Ordinance authorizing an additional 12 -month extension of Urgency Ordinance No. 2950 imposing a moratorium on the approval of Substance Abuse Treatment Centers pursuant to Government Code Section 65858.

471
Item 412/2024

ATTACHMENT(S)

1. Urgency Ordinance Moratorium Extension - Substance Abuse Centers

2. Ordinance No. 2949

3. Ordinance No. 2950

472
URGENCY ORDINANCE NO. 2XXX

AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE AUTHORIZING A 12 -MONTH EXTENSION OF URGENCY ORDINANCE NO. 2950 IMPOSING A MORATORIUM ON THE APPROVAL OF

SUBSTANCE ABUSE TREATMENT CENTERS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858.

THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DOES ORDAIN AS FOLLOWS:

Section 1. Legislative Intent and Findings.

A. On December 20, 2023, pursuant to Government Code Section 65858, the City Council of the City of Garden Grove passed and adopted Urgency Ordinance No. 2949, which is an urgency interim ordinance imposing a moratorium on the approval and establishment of S ubstance Abuse Treatment Centers pending completion of a study and adoption of regulations to address negative impacts that may be created with their development, and establishment and operation, in addition to impacts of their establishment in mixed-use zones. Many of the City’s mixed-use zones are programmed for the development housing projects, and the establishment of substance a buse treatment centers in mixed -use zones could cause the City to violate State Housing Laws, which require compliance with Housing Element policies to promote housing opportunities and to implement no net loss requirements for uses or activities that prevent the development of housing.

B. On January 23, 2024, the City Council adopted Urgency Ordinance No. 2950 extending the temporary moratorium for an additional 10 months and 15 days through December 19, 2024 , in order to provide staff with sufficient time to study and analyze possible regulations and identify appropriate locations and the process for approval of Substance Abuse Treatment Centers , as well as establish adequate proximity to sensitive and neighboring land uses.

C. Staff has received zoning -related inquiries related to new substance abuse treatment facilities.

D. Until new regulations are in place, the development of new Substance Abuse Treatment Centers continue to pose a current and immediate threat to the public health, peace, safety and general welfare for the reasons stated in Section 1 of Urgency Ordinance No. 2949.

E. The City has commenced a zoning study to determine the appropriat e zoning, development standards, and other proper regulations applicable to substance abuse treatment centers to protect the public health, safety, and welfare of the community.

473
Garden Grove City Council
Urgency Ordinance No. 2XXX

F. City staff require s additional time in which to thoroughly review and evaluate the issues giving rise to Urgency Ordinance No. 2949, and to finalize the necessary zoning study and the process for a Zoning Code amendment.

G. The City Coun cil recognizes the need for Substance Abuse Treatment Centers, and at the same time is concerned that any negative secondary effects (such as loitering, accumulation of trash, noise, narcotic us e activities, disturbances, and the like) may be incompatible with the public health and safety of c ommunity. In addition, many of the properties within the City’s mixed -use zones are included in the certified Housing Element Housing Sites Inventory and the City must ensure that no barriers to the development of these properties into housing are created to maintain compliance with State Housing laws.

H. Pursuant to Government Codes Section 65 858(d), the ordinance discusses the measures taken to address pertinent issues prior to the expiration of the moratorium. Since the adoption of Urgency Ordinances Nos. 2949 and 2950, staff surveyed 21 cities to obtain information on how other cities regulate Substance Abuse Treatment Centers, initiated discussion with the Garden Grove Police Department to discuss best practices, and requested “Calls for Service” for existing facilities located in various cities. Additionally, s taff toured multiple Substance Abuse Treatment Centers to better understand the operations of use, as well as organized a round - table between the City Attorney and Community Development staff to di scuss potential regulations for Substance Abuse Treatment Centers.

I. Staff has requested more time to study and adopt a Zoning Code amendment to address secondary negative impacts, conform with State Housing Laws, comply with Housing Element implementation, and establish reasonable standards and review processes applicable to Substance Abuse Treatment Centers.

J. The City Council believes that careful consideration and thorough study of potential regulations , pertaining to the Substance Abuse Treatment Center s, is required.

K. The City has noticed and conducted a public hearing to consider the adoption of this ordinance as provided by law.

Section 2. Extension of Moratorium for an additional 12 months.

Pursuant to California Government Code Section 65858(a), Urgency Ordinance No. 2950 is hereby extended for an additional 12 months beyond the additional 10 months and 15 days original moratorium authorized on January 23, 2024 , until December 19, 2025.

Section 3. Effective Date . This interim ordinance shall become effective immediately upon its adoption.

474
Garden Grove City Council
Urgency Ordinance No. 2XXX

Section 4. Urgency. This interim ordinance is necessary for the immediate protection of the public health, welfare, and general safety for the reasons identified in Section 1 of Urgency Ordinance No. 2949 and Section 1 hereof.

Section 5. Severability. If any section, subse ction, subdivision, sentence, clause, phrase, 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 porti ons of this Ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

PASSED and ADOPTED this 12th day of November, 2024.

ATTEST: /s/
MAYOR

/s/

DEPUTY CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )

I, LIZ VASQUEZ, Deputy City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was passed by the City Council of the City of Garden Grove, by a vote of four-fifths (4/5ths) of the members thereof, at a special meeting held on the 12th day of November, 2024, by the following vote:

AYES: COUNCIL MEMBERS: ()
NOES: COUNCIL MEMBERS: ()
ABSENT: COUNCIL MEMBERS: ()

475
Garden Grove City Council
Urgency Ordinance No. 2XXX

/s/ ______________

DEPUTY CITY CLERK

476

1804932.1
URGENCY ORDINANCE NO. 2949

AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF GARDEN GROVE IMPOSING A MORATORIUM ON THE APPROVAL OF

SUBSTANCE ABUSE TREATMENT CENTERS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858.

THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DOES ORDAIN AS FOLLOWS:

Section 1. Legislative Intent and Findings.

A. Pursuant to California Government Code Section 65858, the City Council finds and determines that a current and immediate threat to the public health, peace, safety and general welfare exists which necessitates the immediate enactment of this Ordinance for the immediate preservation of the public health, peace, safety and general welfare based upon the facts set forth in this Ordinance and the facts presented to the City Council. The approval of Substance Abuse Treatment Centers , as defined below, would result in a threat to the public health, safety, and general welfare of the City’s residents and businesses absent specific development standards and review processes applicable to such uses to prevent and/or mitigate negative impacts that may be created with their development or establishment. Furthermore, approval of Substance Abuse Treatment Centers in mixed use zones could cause the City to violate State Housing Laws which require compliance with Housing Element policies to promote housing opportunities and to implement no net loss requirements for uses or activities that prevent the development of housing.

B. “Substance Abuse Treatment Centers” are facilities or clinics that operate outpatient treatment and counseling centers that in addition to counseling treat individuals with substance abuse disorder by employing medicine that eliminate cravings and withdrawal symptoms that may occur when individual s with various substance dependence stop using their substance of abuse.

C. The City is primarily a residential community that is substantially built-out, with different zoning districts adjacent to residential neighborhoods, schools, and parks.

There are currently no regulations applicable to Substance Abuse Treatment Centers and their activities currently fall within the definition of outpatient medical facilities that are permitted without regard to the impacts that Substance Abuse Treatment Centers are known to create. Medical offices are currently permitted in various zoning districts within and adjacent to residential neighborhoods and other sensitive uses without the need for discretionary review, which , without specific development standards and review processes, because of their nature can expose residential neighborhoods, sensitive uses and other businesses to negative impacts that could include loitering, narcotic use activities, disturbances, trespass , assaults and battery, interference with use and enjoyment of property, and property devaluation arising from the negative public perception pertaining to living in or operating a business in proximity to them. In addition, it is important to consider the effect of permitting these facilities in mixed use zones and their impact on the opportunity to develop additional housing on mixed use properties. Many of the properties within the City’s mixed-use zones are included in the certified Housing Element Housing Sites Inventory and the City must ensure that no 477
Garden Grove City Council
Ordinance No. 2949

1804932.1
barriers to the development of these properties into housing are created to maintain compliance with State Housing laws. The City intends to process a Zo ning Code amendment to address these negative impacts , conform with State Housing Laws, comply with Housing Element implementation, and establish reasonable standards and review processes applicable to Substance Abuse Treatment Centers.

Section 2. Moratorium on the Approval of Substance Abuse Treatment Centers.

A. Pursuant to California Government Code Section 65858, no person, firm, corporation, or other entity shall develop, establish or construct and no subdivision, use permit, variance, building permit or any other applicable land use entitlement , construction or other permit, license, or certificate to occupy or operate shall be issued for a Substance Abuse Treatment Center effective upon the passage of this ordinance.

B. The moratorium imposed herein shall not apply to a Substance Abuse Treatment Center for which a building permit has been issued and construction thereof has begun as of the passage of this Ordinance. However, the exception set forth herein shall not provide an amnesty for the use of property, buildings, or other facilities that have not otherwise complied with current zoning or building requirements or that would otherwise constitute illegal uses of property. For example, the exception does not apply to development, construction, or buildings that were constructed or modified to become Substance Abuse Treatment Centers without the required building, electrical, mechanical, and plumbing or other applicable permits or land use entitlements.

Section 3. Effective Date. This interim ordinance shall become effective immediately upon its adoption and shall remain in force and effect for forty -five (45) days unless extended for an additional period of time pursuant to Government Code Section 65858.

Section 4. Urgency. This interim ordinance is necessary for the immediate protection of the public health, welfare, and general safety for the reasons identified in Section 1 hereof.

Section 5 . Severability. If any section, subsection, subdivision, sentence, clause, phrase, 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 would have adopted this ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

478
Garden Grove City Council
Ordinance No. 2949

1804932.1

PASSED and ADOPTED this 20th day of December 2023.

STEVE JONES
ATTEST: MAYOR

TERESA POMEROY

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )

I, TERESA POMEROY, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was passed by the City Council of the City of Garden Grove, by a vote of four-fifth (4/5th) of the members thereof, at a special meeting held on the 20th day of December, 2023 by the following vote:

AYES: COUNCIL MEMBERS: (7) BRIETIGAM, O’NEILL, DOVINH,

KLOPFENSTEIN, NGUYEN-PENALOZA, TRAN,
JONES
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0) NONE

/s/ TERESA POMEROY, CMC

CITY CLERK

479
1814354.1
URGENCY ORDINANCE NO. 2950

AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE AUTHORIZING A 10 MONTH AND 15 DAY EXTENSION OF URGENCY ORDINANCE NO. 2949 IMPOSING A MORATORIUM ON THE

APPROVAL OF SUBSTANCE ABUSE TREATMENT CENTERS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858.

THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DOES ORDAIN AS FOLLOWS:

Section 1. Legislative Intent and Findings.

A. On December 20, 2023, pursuant to Government Code Section 65858, the City Council of the City of Garden Grove passed and adopted Urgency Ordinance No. 2949, which is an urgency interim ordinance imposing a moratorium on the approval and establishment of substance abuse treatment centers pending completion of a study and adoption of regulations to address negative impacts that may be created with their development, establishment and operation, in addition to impacts of their establishment in mixed use zones . Ma ny of the City’s mixed use zones are programmed for the development housing projects, and the establishment of substance abuse treatment centers in mixed use zones could cause the City to violate State Housing Laws , which require compliance with Housing Element policies to promote housing opportunities and to implement no net loss requirements for uses or activities that prevent the development of housing.

B. Until new regulations are in place, the development of new substance abuse treatment centers continue to pose a current and immediate threat to the public health, peace, safety and general welfare for the reasons stated in Section 1 of Urgency Ordinance No. 2949.

C. The City has commenced a zoning study to determine the appropriate zoning, development standards, other proper regulations applicable to substance abuse treatment centers to protect the public health, safety, and welfare of the community.

D. City staff require additional time in which to thoroughly review and evaluate the issues giving rise to Urgency Ordinance No. 2949, and to finalize the necessary zoning study and process a Zoning Code amendment.

E. The City has noticed and conducted a public hearing to consider the adoption of this ordinance as provided by law.

F. The City Council has reviewed, considered, and approved the evidence and findings in the accompanying staff report of the adverse impacts that may be caused by substance abuse treatment centers.

480
Garden Grove City Council
Ordinance No. 2950

1814354.1
Section 2. Extension of Moratorium for 10 months and 15 days.

Pursuant to California Government Code Section 65858 (a), Urgency Ordinance No. 2949 is hereby extended for an additional 10 months and 15 days beyond the original 45 days authorized on December 20, 2023, until December 19, 2024.

Section 3. Effective Date. This interim ordinance shall become effective immediately upon its adoption.

Section 4. Urgency. This interim ordinance is neces sary for the immediate protection of the public health, welfare, and general safety for the reasons identified in Section 1 hereof and Section 1 of Urgency Ordinance No. 2949.

Section 5 . Severability. If any section, subsection, subdivision, sentence, clause, phrase, 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 would have adopted this ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clau ses, phrases, or portions thereof be declared invalid or unconstitutional.

PASSED and ADOPTED this 23rd day of January 2024.

ATTEST: MAYOR

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )

I, TERESA POMEORY, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was passed by the City Council of the City of Garden Grove, by a vote of four-fifth (4/5th) of the members thereof, at a special meeting held on the 23rd day of January, 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

CITY CLERK
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Item 453/2024
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Patricia Song
Dept:

City Manager Dept: Finance
Date: 11/12/2024

Subject: Receive and File Measure O Citizens’ Oversight Committee Annual Report for Fiscal Year 2023-24. (Action Item)

OBJECTIVE

For the City Council to receive and file the Measure O Citizens’ Oversight Committee Annual Report for Fiscal Year 2023-24.

BACKGROUND

Resolution No. 9540-19, titled “A Resolution Defining the Composition of the Measure O – Citizens’ Oversight Committee, Purpose, Terms of Office for Committee Members, the Scope of the Committee’s Responsibilities and Other Related Matters” requires a report be presented by the Committee to the City Council annually. This annual report is to summarize the Committee’s activities during the year, and communicate the Committee’s findings in regards to the City’s audited financial information and General Fund budget/CIP plan in regards to the Measure O revenue received and corresponding appropriation within the reporting period.

DISCUSSION

The attached Measure O Citizens’ Oversight Committee Annual Report discussed the following items:

 The Committee’s proceedings and activ ities during Fiscal Year 2023 -24 with focuses on:
o Audited Fiscal Year 2022-23 annual financial information; o Adopted Fiscal Years 2023-2025 biennial budget for the General Fund; and o Fiscal Year 2023-24 mid-year General Fund financial performance.

 The Committee’s findings and recommendations.

The Committee concluded that the audited FY2022 -23 financial information reflected the appropriate collection and use of the Measure O – Public Safety and Vital City Services tax during the year, and the City’s adopted FY2023-2025 biennial budget for the General Fund 482
Item 453/2024

and the five -year Capital Improvement Plan protected and maintained the City’s core services.

FINANCIAL IMPACT

There is no fiscal impact to receive and file the Measure O Citizens’ Oversight Committee annual report.

RECOMMENDATION

It is recommended that the City Council receive and file the Measure O Citizen s’ Oversight Committee Annual Report for Fiscal Year 2023-24.

ATTACHMENT(S)

 Measure O Citizens’ Oversight Committee Annual Report for Fiscal Year 2023-24.

483

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

City Council From: Measure O – Citizen’s
Oversight Committee

Subject: MEASURE O COMMITTEE ANNUAL
REPORT FOR FISCAL YEAR 2023-24
Date:

November 12, 2024

OBJECTIVE

To present to the City Council in order to receive and file the Measure O Citizen’s Oversight Committee annual report for Fiscal Year 2023-24 per Resolution No. 9540-

19. BACKGROUND

On November 6, 2018, Garden Grove voters passed Ordinance No. 2897, also known as Measure O, imposing a one -cent (1%) transactions and use (sales) tax. The Measure O – Citizen’s Oversight Committee was established on February 26, 2019, to review the City’s annual budget, mid-year budget, and year-end audited financial information in regards to the receipt and use of Measure O funds. Resolution No. 9540-19 requires that an annual report be presented to the City Co uncil communicating the Committee’s activities and to provide a response to the following questions:

 Does the current audited financial information reflect that the Measure O – Public Safety and Vital City Services tax was collected and appropriately spent?

 Does the City’s proposed General Fund annual budget and CIP plan protect and maintain the City’s core services including public safety?

DISCUSSION

Summary of Committee’s Proceedings and Activities for FY 2023-24

 Two Committee meetings were held during FY 2023-24:

October 23, 2023 Meeting

o Reviewed the draft Measure O annual report to City Council for Fiscal Year (FY) 2022-23;
o Reviewed the adopted FY 2023-25 biennial budget for the General Fund; 484

o Reviewed the FY 2022-23 preliminary General Fund financial performance; and
o Provided an update on the Civic Center Re vitalization/Public Safety Facility Project.

February 12, 2024 Meeting

o Reviewed Chapter 2.02 of the Garden Grove Municipal Code on Code of Ethics for Public Officers and Employees;
o Reviewed FY 2022-23 audited annual financial statements; o Reviewed FY 2023-24 mid-year General Fund financial performance; and
o Discussed other matters including the progres s of the Civic Center Revitalization Project, the Housing Element update, the potential impact from the State budget, and the maintenance of the Medal of Honor Bike and Pedestrian Trail.

Audited Financial Information for Fiscal Year 2022-23

Staff presented to the Committee FY 2022-23 audited revenue and expenditure of the City’s General Fund. The General Fund as presented in the City’s Annual Comprehensive Financial Report (Financial Report) includes the City’s main operating fund (the General Fund), Economic Development Fund, Tourism Improvement District Funds, Land Sale Proceeds Fund, and Deposits Fund.

State codes require every municipality to have its annual financial statements audited by an independent auditor to ensure compliance. The City engaged Davis Farr LLP to perform such audit. A clean opinio n was received from Davis Farr, which means that at the conclusion of the audit, the auditor certifies that the City’s financial statements were presented accurately, and the re ports were compliant with the accounting principles and the requirements of Governmental Accounting Standards Board.

The audited FY 2022-23 financials demonstrated that all General Fund revenue categories had increases from the previous year. The largest increases were revenues from taxes. Hotel Visitor’s Tax generated a historical high of $28M, representing a $4.7M increase from FY 2021-22, and exceeded the pre-pandemic peak of $26.3M.

Sales taxes continued the strong performance, and contributed over $59.3M, which is 1% above FY 2021-22 amount. Measure O alone brought in $29M for the year.

Property taxes genera ted the largest growth among all tax revenue sources with nearly $6M increase from FY 2021-22, and remained the largest revenue source for the General Fund.

485

Table 1 below summarizes the City’s all major General Fund revenues by type.

Table 1 – General Fund Revenues - Audited

Revenue Description
FY 2022-23
($000)
Sales Tax – Bradley-Burns $ 29,933
Measure O 29,376
Property Tax 65,452
Hotel Tax (TOT) 28,075
Other Taxes 7,094
Licenses & Permits 3,073
Fines, Forfeits & Penalties 2,305
Charges for Current Services 7,724
Other 5,578
Total General Fund $ 178,610

Graph 1 presents the percentage of each revenue category for fiscal year ended June 30, 2023.

Graph 1 – General Fund Revenue by Category

On the expenditure side, total General Fund expenditures for FY 2022-23 were $159.5 million, of which 64.8% was for public safety. In comparison to the previous fiscal year, expenditures incurred for public safety increased by $8.2 million. Excluding the $12.6 million one-time capital expenditures reported in the General Fund, total public safety expenditures represented 70.4% of General Fund operating costs for FY 2022-

23. 486

Table 2 below summarizes the City’s General Fund audited expenditures for FY 2022-

23. Table 2 – General Fund Expenditures - Audited

Expenditure Category
FY 2022-23
($000) % of Total
Public Safety - Fire $ 30,933 19.4%
Public Safety - Police 72,455 45.4%
Traffic Safety 2,789 1.7%
Public Right of Way 11,103 7.0%
Community Buildings 4,273 2.7%
Parks & Community Services 6,732 4.2%
Community & Economic Dev. 19,549 12.3%
Municipal Support 9,898 6.2%
Debt Service 1,730 1.1%
Total Expenditure $ 159,462 100.0%

Public Right of Way expenditures included $3.7 million related to the City’s accelerated pavement management project. In the Community and Economic Development category, $8.9 million was for the Civic Center Revitalization Project, which included the acquisition of an office building in the Civic Center Plaza.

Excluding these capital expenditures, total General Fund operating expenditures were $146.9 million. Public Safety expenditure s in the amount of $103.4 million represented 70.4% of the total General Fund operating expenditure for FY 2022-23.

Graph 2 – General Fund Expenditure by Type

487

Overall, the General Fund financial position was enhanced by $21.1 million from the previous year. The increase was a combination of $19.2 million in operating surplus, net transfer of $(4.4) million to other funds, and $6.3 million in proceeds from asset disposal.

Adopted General Fund Biennial Budget FY 2023-2025

The Committee also reviewed the City’s adopted FY 2023-2025 General Fund biennial budget.

Adopted revenue for the General Fund totaled $167.2 million and $171.6 million for FY 2023-24 and FY 2024-25, respectively. This represents an increase of 6.8% and

2.6% from the previous years’ estimates. The projections were based on historical data, market trends, and the City’s revenue consultant’s forecasts.

Table 3 below is a summary of the adopted General Fund revenues for FY2023-2025.

Table 3 – Adopted Fiscal Years 2023-2025 General Fund Revenues

Revenue Description
FY2023-24
($000)
FY2024-25
($000)
Sales Tax – Bradley-Burns $ 30,639 $ 31,408 Measure O 29,669 30,415
Property Tax 60,890 62,597
Hotel Tax (TOT) 25,000 25,750
Other Taxes 5,150 5,200
Licenses & Permits 2,497 2,520 Fines, Forfeits & Penalties 1,924 2,046 Charges for Current Services 7,105 7,171 Investment Earnings 1,489 1,555 Other 2,874 2,961
Total General Fund $ 167,237 $ 171,623

Adopted expenditures for the General Fund increased significantly from the previous years in order to address several organizational enhancements and needs. A total of $13.1 million supplemental requests were incorporated into the biennial General Fund budget, among which $8.8 million is considered ongoing commitment s, and $4 .3 million were one-time costs. The increases funded 17 new full -time and two part - time position across multiple city departments, enabled an organizational restructure to separate the Community and Economic Development Department into two distinct departments, to improve internal processes and promote efficiency. Additionally, a Deputy Director position wa s created for each department for succession planning purposes. Other enhancements to the budget included the creation of a Buildings and Facilities internal service fund, to fund for scheduled repairs and preventative maintenance; investment in automation; channel repairs; community programs such 488

as Garden Grove Teen Action Collaboration (GGTAC), Garden Grove Gem s, Police Explorer program, Winter in the Grove; and other organizational needs.

A total of $168.9 million and $174.3 million were programmed in the FY 2023-24 and FY 2024-25 budget, respectively. Among these amounts, $165.8 million and $173.1 million were considered recurring operating costs. The two-year combined recurring costs were under the combined operating revenues for the same fiscal peri od, therefore achieving a structurally balanced budget.

Table 4 below shows adopted General Fund expenditure budget by category for FY 2023-2025.

Table 4 – Adopted Fiscal Years 2023-2025 General Fund Expenditures

Expenditures Category
FY2023-24
($000)
FY2024-25
($000)
Fire $ 31,759 $ 32,966
Police 80,553 84,532
City Manager 4,223 4,392
City Attorney 1,023 1,074
Community Development 6,447 6,846 Economic Development & Housing 6,926 6,724 Community Services 6,833 7,092 Finance 4,119 4,294
Human Resources 2,304 2,353
Information Technology 833 853 Public Works 21,621 20,902
Debt Service 2,245 2,247
Total General Fund $ 168,886 $ 174,275

Included in the adopted budget are capital outlay and one -time spending in the amount of $3.1 million for FY 2023-24, such as channel repairs, security cameras at parks, landscaping, police equipment purchases, and homelessness initiatives.

Adopted Five-Year Capital Improvement Plan

The adopted Capital Improvement Plan (CIP) consists of long-range (5 year) capital projects approved by the City Council. Capital funds account for the acquisition, construction, maintenance, and rehabilitation of fixed assets or capital projects, such as land, buildings, streets, curbs, gutters, sidewalks, drainage, water/sewer systems, and equipment. The CIP projects are grouped into seven different categories: Street Improvements, Traffic Improvements, Park Improvements, Community & Economic Development Improvement s, Facility Improvements, Water Improvements, and Sewer Improvements.

489

During the budget process, projects are selected based on available funding with the objective of meeting several goals such as: mitigating and managing risks and contributing to the safety and welfare of the public; protecting and maintaining City assets, facilities and infrastructure; and contributing to the overall quality of life for residents and businesses.

Table 5 lists CIP Five-Year Funding Summary adopted by the City Council as part of the FY2023-2025 biennial budget.

Table 5 – Capital Improvement Program (CIP) Five-Year Funding Summary

CIP Category FY2023-24
($000)
FY2024-25
($000)
FY2025-26
($000)
FY2026-27
($000)
FY2027-28
($000)

Street $ 27,348 $ 10,620 $ 9,422 $ 9,372 $ 9,617 Traffic 1,287 1,050 500 500 500
Park 4,075 745 795 600 400
Comm/Econ Dev 8,235 55 55 55 55
Facility 300 - - - -
Water 15,786 10,205 9,384 9,000 7,500
Sewer 10,709 7,500 6,260 7,500 3,500
TOTAL $ 67,740 $ 30,175 $ 26,416 $ 27,027 $ 21,572

Committee Findings and Recommendations

The Measure O – Citizen’s Oversight Committee has reviewed the audited financial data for FY 20 22-23, and budget information for Fiscal Years 2023-2025. The Committee concludes the following:

 The audited financial information presented for FY 2022-23 properly reflects that the Measure O – Public Safety and Vital City Services tax was collected and appropriately spent.
 The City’s adopted General Fund FY 2023-2025 biennial budget and five-year Capital Improvement Plan protect and maintain the City’s core services , including public safety.

The Committee recommends staff to continue to:

 Review future audited annual financial information and report on Measure O tax revenue collected and expenditures for public safety and other vital services;
 Review General Fund operating budget allocations; and 490

 Keep the Committee informed on General Fund financial related matters to ensure an appropriate and transparent financial system is in place to account for the funds generated by the Measure O tax.
491
Item 448/2024
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Niki Wetzel
Dept:

City Manager Dept: Community Development
Date: 11/12/2024

Subject: Adoption of a Resolution to accept Tobacco Law Enforcement Program Grant funds and authorization of Agreements for implementation of the Program. (Grant Amount: $735,990)(Action Item)

OBJECTIVE

For the City Council t o approve the Tobacco Grant Program Resolution, Memorandum of Understanding (MOU), and a Professional Services Agreement for the Tobacco Grant Program Cycle Fiscal Year 2024-25.

BACKGROUND

In June 2024, the City’s Code Enforcement Unit applied for a California Department of Justice (DOJ) grant program with funds authorized under the California Healthcare, Research and Prevention Tax Act of 2016. The DOJ grant program made available $28.5 million to local agencies in California to support various tobacco-related programs. These programs include support for local tobacco retailer enforcement and enforcement of flavored tobacco bans. The total amount awarded to the City of Garden Grove is $735,990 of which grant funds will be distributed incrementally over a four (4) year period from FY 24-25 through FY 28-29.

DISCUSSION

The City was last awarded Tobacco Grant Program funding for FY 21 -22 through FY 24-25, and the newly-awarded funds will continue our Local Tobacco Law Enforcement Program. This program is administered by the Code Enforcement Unit. A contracted Tobacco Enfo rcement Officer will be assigned to the City’s commercial areas to seek compliance through standard code enforcement action and compliance methods. The City will contract with Willdan Engineering to provide one enforcement officer to implement the program. The DOJ requires that the City Council approves a resolution accepting grant funds and authorizing the City Manager to execute a MOU with DOJ and a Professional Services Agreement with Willdan Engineering for a contract Tobacco Enforcement Officer.

492
Item 448/2024

FINANCIAL IMPACT

The DOJ grant program does not require match funding from the City. The expected yearly cost includes a full -time contractual Tobacco Enforcement Officer, operating expenses, and administrative costs. There is no impact to the City’s General Fund.

The budget summary is as follows:

Category
Awarded FY
2024-25
Awarded FY
2025-26
Awarded FY
2026-27
Awarded FY
2027-28
Total
Awarded
Personnel $1,894 $3,248 $3,248 $1,353 $9,743
Operating $134,400 $230,400 $230,400 $96,000 $691,200
Administrative $6,815 $11,682 $11,682 $4,868 $35,047
Total $143,109 $245,330 $245,330 $102,221 $735,990

RECOMMENDATION

It is recommended that the City Council:
 Adopt a Resolution authorizing the acceptance of the Tobacco Law Enforcement Grant funds in the amount of $735,990 and authoriz ation of agreements necessary to implement the Tobacco Law Enforcement Program;
 Authorize the City Manager , or designees, to execute the Memorandum of Understanding with Department of Justice, on behalf of the City;  Authorize the City Manager , or designees, to execute a n Agreement with Willdan Engineering that includes three option years , and make minor modif ications as appropriate thereto, on behalf of the City; and
 Authorize the City Manager, or designees, to exercise option year terms and sign the option year amendments related to the Agreement with Willdan Engineering.

By: Kenneth Le, Administrative Analyst

ATTACHMENT(S)

1. Willdan Professional Service Agreement

2. Tobacco Law Enforcement Resolution

3. DOJ Memorandum of Understanding

493
1 PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made this day of , 2024, by the CITY OF GARDEN GROVE , a municipal corporation, ("CITY") and Willdan Engineering, herein after referred to as “CONTRACTOR”.

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 CONTRACTOR to provide On-Call Tobacco Law Enforcement Contractual Services

3. CONTRACTOR is qualified by virtue 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 for period of one (1) year from full execution of the agreement, with an option to extend said agreement additional three (3) years, for a total performance period of four (4) years. Option years shall be exercised one (1) year at a time, at the sole option of the CITY. T his agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONTRACTOR for work performed to date in accordance with Rate Schedule and the Grant Budget Detail which is attached and is hereby incorporated by reference. Contractor is required to present evidence to support performed work. The performance period shall be from November 1, 2024 to October 31, 2027.

2. Services to be Provided. The services to be performed by CONTRACTOR shall consist of a compensation structure set forth in the Rate Schedule attached as Attachment “A”, and the Grant Budget Detail awarded for each fiscal year attached as Attachment “B”, and is incorporated herein by reference. The Attachments and this Agreement do not guarantee any specific amount of work.

3. Compensation. CONTRACTOR shall be compensated as follows:

3.1 AMOUNT. Total Compensation under this agreement shall not exceed (NTE) amount of Two hundred twenty thousand dollars and 494
2 00/100 cents ($220,000.00), 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 days of delivery of goods or completion of performance of services, CONTRACTOR must promp tly 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 rate included in Attachment “A”.

3.3 Records of Expenses. CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR 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 th e carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance and provide a Waiver of Subrogation in favor of the City.

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

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

(a) Commercial gene ral liability in an amount of
$2,000,000.00 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.

495
3 (b) Automobile liability in an amount of $2,000,000.00 combined single limit (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.

(c) Professional liability in an amount not less than
$2,000,000. Insurance companies must be admitted and
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 wr itten 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. In the event of termination, ca ncellation, 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 performing services under the term of the
agreement. The cover age 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, it’s officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR. CONTRACTOR shall provide to CITY proof of ins urance 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, it’s officers, officials, employees, agents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR 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 Agr eement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self - insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

496
4 If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR.

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

6. Non-Discrimination. CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.

CONTRACTOR 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 California 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. Address of CONTRACTOR is as follows:

Willdan Engineering
2401 E. Katella Avenue, STE. 300
Anaheim, CA 92806

b. Address of CITY is as follows:

City of Garden Grove
Attention: Kenneth Le
11222 Acacia Parkway
Garden Grove, CA 92840

10. CONTRACTOR'S PROPOSAL. This Agreement shall include CONTRACTOR'S proposal or bid which shall be incorporated herein by reference. In the event 497
5 of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

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

12. Familiarity with Work . By executing this Agreement, CONTRACTOR 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 Contractor 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 CONTRACTOR'S risk, until written instructions are received from CITY.

13. Time of Essence . Time is of the essence in the performance of this Agreement.

14. Limitations Upon Subcontracting and Assignment . The experience, knowledge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONTRACTOR shall not contract with any other entity to perform the services 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 CONTRACTOR is permitted to subcontract any part of this Agreement, CONTRACTOR 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 CONTRACTOR. CITY will deal directly with and will make all payments to CONTRACTOR.

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

16. Indemnification. To the fullest extent permitted by law, CONTRACTOR shall defend, and hold harmless CITY and its elect ive or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of CONTRACTOR, CONTRACTOR'S agents, officers, employees, subcontractors, or independent contractors hired by CONTRACTOR in the performanc e of the Agreement.

The only exception to CONTRACTOR'S responsibility to protect, defend, and 498
6 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 apply 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 CONTRACTOR.

17. Appropriations. This Agreement is subject to and contingent 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 ter minate 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 a greement 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 wit h 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 provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.

\ \ \ \

(Agreement Signature Block on Next Page)

499
7 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: _______________________

"CONTRACTOR”

WILLDAN ENGINEERING

By: ___________________________

Name:__________________________

Title:___________________________

Date: __________________________

Tax ID No. ______________________

Contractor’s License: _____________

Expiration Date:_________________

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.

APPROVED AS TO FORM:

____________________________
Garden Grove City Attorney

________________________
Date
500
8 EXHIBIT “A”

501

GARDEN GROVE CITY COUNCIL
RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE TO ACCEPT TOBACCO LAW ENFORCEMENT GRANT FUNDS IN THE AMOUNT OF $735,990 AND

AUTHORIZE AGREEMENTS TO IMPLEMENT THE TOBACCO LAW ENFORCEMENT PROGRAM.

WHEREAS, the City of Garden Grove desires to undertake a certain project designated as the Tobacco Law Enforcement Program (Program); WHEREAS, the City of Garden Grove is eligible to receive funds made available through the State of California Department of Justice (Cal DOJ) administered by the Office of the Attorney General;
WHEREAS, the City will administer the Program through the Code Enforcement Unit with a contracted officer and authorizing the Professional Services Agreement with Willdan Engineering;
WHEREAS, the City desires to be reimbursed from the eligible funds for operational and administrative tasks;
WHEREAS, it is necessary to execute Agreements and authorization to enter into extensions if approved by the DOJ;

NOW, THEREFORE, BE IT RESO LVED THAT THE CITY COUNCIL OF THE CITY OF GARDEN GROVE:

1. Does hereby authorize the City Manager of the City of Garden Grove or his/her designee to approve and execute all Agreements implementing the Program, including the Memorandum of Understanding (MOU) w ith the Cal DOJ in the amount of $735,990.00, and the Professional Services Agreement with Willdan Engineering, and to execute and submit all other necessary grant documents, including but not limited to applications, agreements, modifications, payment request, and amendments for the purpose of increasing funding, that may be necessary for the completion of the 2024 -25 Program and implementation of the same in subsequent fiscal years.

2. Grant funds received under the Program shall not be used to supplant ongoing law enforcement expenditures.

Adopted this _ day of November _ 2024
502

Tobacco Grant Program
Grant Services Branch – Local Assistance
Division of Operations
Garden Grove Community Development Department DOJ-PROP56-2024-25-1-028

MEMORANDUM OF UNDERSTANDING

PURPOSE
This Memorandum of Understanding (“MOU”) is entered into by the Department of Justice (“DOJ”) and the Garden Grove Community Development Department (“Grantee”), for the purpose of disbursing grant funds to Grantee for reimbursement of expenditures in compliance with the California Code of Regulations and the Fiscal Year 2024-25 Grantee Handbook.

Commencing January 1, 2023, the California Code of Regulations, Title 11, Division 1, Chapter 5:

Department of Justice Tobacco Grant Program (“TGP Regulations”) shall govern the policies and procedures of the Tobacco Grant Program.

The TGP Regulations, Request for Proposals, Grantee Handbook (dated April 2024), and Summary of Award document are hereby incorporated by reference into this MOU. Grantee will expend funds for the purposes identified in the approved Summary of Award document. Reimbursements are to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, approved by the voters as Proposition 56.

COST REIMBURSEMENT
DOJ agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summary of Award document. Reimbursements for line items in the approved Budget Detail will be made upon receipt of invoices from Grantee and approval of the invoices by DOJ, in accordance with the reimbursement procedures set forth in the TGP Regulations and Grantee Handbook.

BUDGET CONTINGENCY CLAUSE
It is mutually agreed, if the Budget Act of the current fiscal year and/or any subsequent years covered under the MOU does not appropriate sufficient funds, the MOU shall be of no further force and effect.

In the event this situation occurs, DOJ shall have no liability to reimburse/pay any funds to Grantee, or to furnish any other considerations under this MOU. As well, Grantee shall not be obligated to continue performing the provisions of this MOU, for which the Grantee would have been reimbursed.

If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, DOJ shall have the option to either cancel this MOU with no liability occurring to DOJ or offer an addendum to the Grantee to reflect the reduced amount.

503
Garden Grove Community Development Department DOJ-PROP56-2024-25-1-028

PROJECT BREACH-TERMINATION
Failure of a Grantee to comply with this MOU or the TGP Regulations shall be treated by DOJ as a breach of contract. If an act of noncompliance occurs, DOJ may take actions described within the TGP Regulations, including termination. DOJ may terminate this MOU and be relieved of any obligation to disburse grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU.

MISCELLANEOUS PROVISIONS
Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing and signed by the duly authorized representatives of the parties.

Assignment – This MOU is not assignable by Grantee in whole or in part.

Indemnification – Grantee agrees to indemnify and hold harmless DOJ, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU.

Certifications – Grantee certifies that it does not receive funding from a manufacturer, distributor, or advertiser of Cigarettes or Tobacco Products. Grantee further certifies that grant funds will not supplant existing state or local funds dedicated for the same purpose.

TERMS
Grant Duration: 11/1/2024 – 6/30/2028

Award Amount
Category of Expenditure Budget
FY 2024-2025
Budget
FY 2025-2026
Budget
FY 2026-2027
Budget
FY 2027-2028
Personal Services $1,894 $3,248 $3,248 $1,353
Operating Expenses and
Equipment $134,400 $230,400 $230,400 $96,000
Administrative Costs (Not to
Exceed 5%) $6,815 $11,682 $11,682 $4,868
TOTAL AWARD AMOUNT $735,990

The time limit for reimbursements against this award ends 6/30/2028. Requests for reimbursement received after 7/15/2028 cannot be considered by DOJ.

GRANTEE CONTACT INFORMATION
Kenneth H. Le/Administrative Analyst
Garden Grove Community Development Department
11222 Acacia Parkway, Garden Grove CA, 92840
(714) 741-5319
[email protected]

504
Garden Grove Community Development Department DOJ-PROP56-2024-25-1-028

AUTHORIZATION
DOJ and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be e-mailed to [email protected], care of the Division of Operations, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties.

___________________________________ ___________________ NAME: Lisa L. Kim Date
Title: City Manager
Agency: City of Garden Grove

___________________________________ ___________________ NAME: Lizabeth Vasquez Date
Title: City Clerk
Agency: City of Garden Grove

___________________________________ ___________________ NAME: Omar Sandoval Date
Title: City Attorney
Agency: City of Garden Grove

______________________________ ___________________
JENNIFER IVERY JOHNSON, Grant Manager Date
Division of Operations
California Department of Justice

___________________________________ ___________________ NICOLE LEARNED, Administrative Manager Date
Division of Operations
California Department of Justice

__________________________________ ___________________
CHRIS RYAN, Chief Date
Division of Operations
California Department of Justice

505
Item 471/2024
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Chief El-Farra
Dept:

City Manager Dept: Police
Date: 11/12/2024

Subject: Receive and file the 2024 Garden Grove Police Department Military Equipment Annual Report and Introduction and First Reading of an Ordinance approving an updated Military Equipment Use Policy and rescinding Ordinance Nos. 2944 and 2953, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE

ADOPTING AN UPDATED GARDEN GROVE POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE 7071 AND RESCINDING ORDINANCE NOS. 2944 AND 2953. (Action Item)

OBJECTIVE

For the City Council to receive and file the 2024 Garden Grove Police Department Military Equipment Annual Repo rt, and introduce an Ordinance a dopting an updated Military Equipment Use Policy.

BACKGROUND

Effective January 1, 2022, California Assembly Bill 481 added Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code. These provisions require law enforcement agencies to obtain the approval of their respective governing bodies, by adoption of a military equipment use policy (via ordinance), prior to use of any equipment defined by the Government Code as "military equipment." Upon approval of an agency's military equipment use policy, the agency must, thereafter, prepare an annual military equipment use report which must be published to the City's website as well as hold at least one well publicized and conveniently located community engagement meeting at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, and use of military equipment. The annual report required by Assembly Bill 481 must include a summary of each type of military equipment owned or used by the agency, its intended purpose, how each type of equipment was used by the agency in the preceding year, a summary of any complaints received by the agency concerning the equipment, the results of any internal audits pertaining to violations of the military equipment use policy, the total cost for each type o f equipment, and the quantity possessed by the agency.
506
Item 471/2024

In addition to the required annual report, AB 481 requires each agency's governing body to review any ordinance it has approved which adopts a military equipment use policy and to vote on whether to renew the ordinance. The governing body may choose whether to renew the ordinance, disapprove authorization for use of equipment where standards have not been met, or require modifications to the military equipment use policy based on whether the equipment detailed within the annual report complies with policy and meets the standards set forth in California Government Code section 7071(d).

DISCUSSION

Pursuant to California Government Code section 7072, the Garden Grove Police Department has prepared an annual report which reflects the following for the preceding calendar year:

1. A summary of how military equipment was used and the purpose of its use;

2. A summary of any complaints or concerns received concerning the military equipment;

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response;

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and form what source funds will be provided for the military equipment in the calendar following submission of the annual report;

5. The quantity possessed for each type of military equipment; and

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

A copy of the Garden Grove Police Department's Annual Military Equipment Use Report for the period fr om September 2023 to September 2024 is attached hereto as Attachment 1 (hereinafter the "Annual Report"). The Annual Report has been posted on the City's website, and in accordance with the provisions of AB 481, the Department will publicize and conduct a community engagement meeting regarding the Department's use of "military equipment" at a date, time and place to be published as appropriate.

On November 14, 2023 , the Council adopted Ordinance No. 2944 adopting an amended Garden Grove Police Department's Military Equipment Policy by renaming it from General Order 2.29 to Policy No. 706 due to the migration of the Police Department's policies to the Lexipol system. On March 26, 2024, the Council adopted Ordinance No. 2953 amending Attachment 706.5 of Poli cy No. 706 to add 22 Geissele Super Duty AR -15 rifles to the equipment inventory.

The attached ordinance, once adopted, will adopt an updated Military Equipment Use Policy No. 706, which will make minor revisions to the policy and adds provisions to maint ain a minimum supply of stock for equipment that have reached low levels or have been exhausted 507
Item 471/2024

(Section 706.6.1), includes the addition of unmanned aerial system equipment (Paragraph 12 to Attachment 706.5), and the addition of an unmanned ground vehicle (Paragraph 13 to Attachment 706.5). Upon adoption, the attached ordinance will replace Ordinance Nos. 2944 and 2953.

FINANCIAL IMPACT

There is no financial impact for the City Council to r eceive and file the 2024 Garden Grove Police Department Military Equipment Annual Report and conduct the first r eading of an ordinance approving an updated Military Equipment Use Policy and rescinding Ordinance Nos. 2944 and 2953, other than minimal costs associated with posting the policy and report on the Department's website and publicizing and holding the required community engagement meeting.

RECOMMENDATION

It is recommended that the City Council:
 Receive and file the Garden Grove Police Department M ilitary Equipment Annual Report; and
 Introduce and conduct the first reading of the Ordinance adopting the updated Military Equipment Use Policy and rescinding Ordinance Nos. 2944 and 2953.

ATTACHMENT(S)

1. 2024 Annual Military Equipment Use Report

2. Ordinance Adopting GGPD Military Equipment Use Policy

3. Updated GGPD Military Equipment Use Policy 706

508
1 [GGPD LETTER HEAD]

GARDEN GROVE POLICE DEPARTMENT

ANNUAL MILITARY EQUIPMENT USE REPORT
SEPTEMBER 2023 – SEPTEMBER 2024

1. INTRODUCTION

Garden Grove Police Department Policy 706 [Military Equipment] (formerly General Order 2.29) sets forth the standards and proce dures applicable to the Garden Grove Police Department’s (“Department”) acquisition and use of “military equipment” as that term is defined by California Government Code section 7070. The policy additionally provides guidelines for the Department’s use of military equipment, a process to receive and evalua te questions, comments, and/or complaints from the public regarding the Department’s use of military equipment, and for the preparation and publication of an annual report regarding the Department’s acquisition and use of military equipment as required by California Government Code section 7072.

The annual report contemplated by Govern ment Code section 7072 (“Annual Report”) must include the following:

a. A summary of how military equipment was used and the purpose of its use; b. A summary of any complaints or concerns received concerning the military equipment; c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response; d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and form what source funds will be provided for the military equipment in the calendar following submission of the annual report;
e. The quantity possessed for each type of military equipment; and f. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

This document shall constitute the Departme nt’s Annual Report on the use of military equipment for the period of September 2023 through September 2024.

2. SUMMARY OF DEPARTMENT’S USE OF MILITARY EQUIPMENT FROM SEPTEMBER 2023 THROUGH SEPTEMBER 2024

The following are summaries for each incident in which a piece of “military equipment” was utilized by the Department for the period of September 2023 through September 2024.

 On September 20, 2023, Garden Grove Police Officers responded to a residence in regards to a suspect wanted for making terroristic threats and was seen armed with a handgun. The suspect barricaded himself in a vehicle and the ARV was utilized to make announcements 509
2 and for ballistic protection. The suspect later exited the vehicle and was taken into custody.

DR 23054567

 On October 19, 2023, Garden Grove Police O fficers responded to a call for service regarding a subject sleeping in the park and a firearm seen in his waistband. The ARV was used for ballistic protection when officers approached the subject. When officer contacted the subject they determined the firearm was an airsoft gun. DR 23060653

 On October 24, 2023, Garden Grove Police Officers responded to a park in reference to a victim being shot. Upon arrival officers loca ted the victim with several gunshot wounds.

The ARV was used at the locatio n as ballistic protection as officers searched the park for any outstanding victims or armed suspects. DR 23061583

 On October 30, 2023, Garden Grove Police Officers responded to a residence in reference to a suspect pointing a handgun at several ne ighbors. The ARV was utilized as ballistic protection as officers negotiated for the suspect to surrender. The suspect later surrendered and the handgun was determined to be a BB gun. DR 23062837

 On November 4, 2023, Garden Grove Police Offi cers responded to a tr affic collision in which one party was reported to be in possession of a handgun. The suspect was non- compliant and the ARV was utilized as ballistic protection as officers negotiated for the suspect to surrender. The suspect later surrendered and officers located a loaded revolver.

DR 23063900

 On December 13, 2023, Garden Grove Police Speci al Investigation Unit served a felony search warrant. The ARV was utilized as ballistic protection as officers served the warrant.

All subjects in the location were safely detained. DR 23071270

 On January 11, 2024, Garden Grove Police Officers located an extortion suspect and upon contact the suspect fled in a vehicle and a pur suit was initiated. At the termination of the pursuit, the suspect kept revving the vehicles engine so the ARV was utilized to block the suspect vehicle in. The suspect later surrendered and was taken into custody. DR 24002038

 On February 2, 2024, Garden Grove Police Officers responded to a residence in reference to a domestic violence incident. Officers learned the suspect was barricaded and would not let the victim leave the residence. The ARV was utilized as ballistic protection as officers negotiated for the suspect to surrender and release the victim. The victim was later released and the suspect was not contacted on that day. DR 24006613

 On February 18, 2024, Garden Grove Police Officers responded to a fight where one party alleged the other party retrieved a gun from his car. The ARV was utilized as ballistic protection as officers approached the suspect. No firearms were located. DR 24009643.

 On February 22, 2024, Garden Grove Police Officers responded to a commercial complex in reference to a group of males in possession of a rifle. The ARV was utilized as ballistic protection as officers approached the suspect group. No rifle was located. DR 24010535 510
3  On February 28, 2024, Garden Grove Police Officers served a felony search warrant for an attempted murder suspect where the weapon used was a gun. Officers utilized the ARV was utilized as ballistic protection as officers made announcements for the suspect to exit the residence. Two Noise Flash Diversionary devices were also utilized as a diversion and to entice suspect to exit the home and surrender. The suspect later surrendered and officers located 4 firearms. DR 24074298

 On March 22, 2024, Garden Grove Police Officers located an occupied stolen vehicle and a passenger barricaded himself refusing to exit. The ARV was utilized as ballistic protection as officers negotiated for the suspect to surrender. Officers later extracted the suspect from the vehicle. DR 24016335

 On April 22, 2024, Garden Grove Police Offi cers responded to a disturbance between neighbors and learned the suspect attempted to shoot the victim with a paintball gun and possibly had access to a firearm. The ARV was u tilized as ballistic protection as officers negotiated for the suspect to surrender. The suspect later surrendered. DR 24022594

 On April 25, 2024, Garden Grove Police Officers served a search warrant at a residence where firearms were suspected of being manu factured. The ARV was utilized as ballistic protection as officers gave commands for all occupants of the home to exit. Officers later recovered 4 firearms from the residence. DR 24023279

 The City of Garden Grove hosted its annua l Strawberry Festival from May 24-27, 2024.

The ARV was used at the festival and for the parade at fixed posts for security purposes during the events. There were no security breaches and the Armored Rescue Vehicle remained parked throughout the event.

 On May 27, 2024, Garden Grove Police Officers re sponded to a residence in reference to a burglary in progress and it was believed the suspect were still hiding in the home. The ARV was utilized as ballistic protection as officers approached the home and made commands for the suspects to exit the home. Officers later determined the suspects had fled prior to officer’s arrival. DR 24029942

 On June 10, 2024, Garden Grove Police Officer s responded to a vehicle burglary in progress. Upon arrival the suspect barricaded himself in the suspect vehicle. The ARV was utilized as ballistic protection as officers a pproached the vehicle. The suspect was later taken into custody. DR 24032854

 On September 6, 2024, Garden Grove Police Officers served a high-risk search warrant at a residence where a resident of the home had a lengthy and violent criminal history.

Officers utilized the ARV as ballistic protecti on as officers made announcements for the occupants of the home to exit the residence. In addition, 3 Noise Flash Diversionary devices were also utilized as a diversion and to entice suspects to exit the home and surrender. After several hours 8 subjects eventually exited the home and were detained.

DR 24051529
511
4 3. SUMMARY OF COMPLAINTS OR CONCERNS EXPRESSED BY CITIZENS

The Department’s website has information regarding how citizens can submit questions, comments, or concerns regarding the Department’s military equipment policy, or use of military equipment by the Department. Additionally, the Department accepts and investigates any complaints received regarding the use of military equipment in the same manner that all personnel complaints are received and investigated.

During the period of September 2023 through September 2024, the Department did not receive any complaints or concerns regarding the Department’s military use policy, nor the manner in which Department personnel utilized military equipment.

4. RESULTS OF INTERNAL AUDITS, INFORMATION REGARDING

VIOLATIONS OF MILITARY EQUIPMENT POLICY AND ACTIONS TAKEN IN

RESPONSE

Use of military equipment by Department personnel is monitored by the Department’s designated Military Equipmen t Coordinator. During the pe riod of September 2023 through September 2024, there were no identified violati ons of the Department’s military equipment policy.

5. QUANTITY AND ANTICIPATED ANNUAL COST FOR MILITARY

EQUIPMENT

The following list reflects the military equipment in the possession of, or used by the Department, and/or military equipment which the Department anticipates acquiring in the coming year, along with details regarding the antici pated costs associated with acquisition and maintenance of the equipment.

A. RESCUE VEHICLE
Commercially produced wheeled rescue person nel vehicle utilized for law enforcement purposes.

Current Inventory:

LENCO BEARCAT G2
Description: Rescue vehicle that seat s 10-12 personnel with open floor plan that allows for rescue of downed personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.
512
5 Quantity: 1
Purchase Price: $286,000.00
Fiscal Impact: Since acquisition, there have been no outside maintenance costs associated with the vehicle and the only associated costs have been for fuel. The fiscal impact of this piece of equipment will be updated when the service warranty expires and the vehicle begins to accrue costs associated with maintenance.

B. MOBILE COMMAND POST VEHICLE (MCP)
A vehicle utilized as a mobile office that provides shelter, access to Department computer systems, and restroom facilities during extended events.

Current Inventory:

LDV MCP VEHICLE
Description: The MCP can also be utiliz ed for SWAT/HNT, cr itical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. The vehicle is currently housed inside an enclosed structure on the property of the department’s Special Services building. The vehicle is the primary command and control platform fo r the Department’s SWAT team during training and SWAT operations.

Quantity: 1

Purchase Price: $571,791.00
Fiscal Impact: There is no outside costs associated with annual maintenance since the city maintains and services the MCP.

C. RIFLES AND ASSOCIATED AMMUNITION

Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Current Inventory:

SIG SAUER M400 RIFLE
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 223/5.56, 16-inch barrel.

Quantity: 120
513
6 Purchase Price: $1,344.00/firearm
SIG SAUER M400 RIFLE –(MOTORS)
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 223/5.56, 11-inch barrel.

Quantity: 8
Purchase Price: $978.96/firearm
SIG SAUER 716 DMR G2 .308 PRECISION RIFLE
Description: Semi-automatic precision rifl e with an 18-inch barrel, chambered in .308 Winchester, with night force 5.5-22x50 power optic

Quantity: 4

Purchase price: $1,977/rifle, $1,936/scope; $3,913 total/system.

REMINGTON 700 LTR .308 PRECISION RIFLE
Description: Bolt-action preci sion rifle with an 18-inch barrel, chambered in .308 Winchester

Quantity: 2

Purchase Price: $820.00 each

GEISSELE SUPER DUTY AR-15 5.56 SBR RIFLE

Description: Semi-automatic rifle with an 11-inch barrel, chambered in 5.56.

Quantity: 22

Purchase Price: $1,381.25 each

WINCHESTER.223 REMINGTON 55GR SILVER TIP RIFLE ROUND
Description: .223 Remington caliber, Frag menting Polymer Tip (FPT), 55 grain bullet weight, brass cartridge case material.

Quantity: 10,000
Purchase Price: $894.60/1,000 rounds
514
7 WINCHESTER .223 REMINGTON 55GR FRANGIBLE RIFLE ROUND
Description: .223 Remington caliber, fra ngible, 55 grain bullet weight, brass cartridge case material.

Quantity: 4,200
Purchase Price: $894.60/1,000 rounds
WINCHESTER .223 REMINGTON 55GR. FULL METAL JACKET (FMJ) RIFLE ROUND
Description: 5.56 MM caliber, Full Metal J acket (FMJ), 55 gr ain bullet weight, brass cartridge case material.

Quantity: 14,000
Purchase Price: $436.60/1,000 rounds
HORNADY .308 WIN 168GR A-MAX TAP PRECISION RIFLE ROUND

Description: .308 caliber, Tactical Applic ation Police precision rifle round, 168 grain bullet weight, used in designated marksmen rifles.

Quantity: 1,000(Current Inventory)

Purchase Price: $1,890.00 per box of 1,400
Fiscal Impact: In addition to the purch ase price for each piece of equipment listed above, there are annual maintenance costs of approximately $50 associated with each rifle.

D. NOISE-FLASH DIVERSIONARY DEVICES
A device used to distract a potentially dangerous person or persons.

Current Inventory:

DEFENSE TECHNOLOGY (DEFTEC), MODEL 8922 DIVERSONARY DEVICE Description: This is the standard noise flash diversionary device. It is non-bursting, non-fragmenting single use device that produces a 175db and 6-8 million candela of light output. It is ideal for distr acting potentially dangerous suspects during assaults, hostage rescue, building/room entry or other high-risk arrest situations.

Quantity: 45
515
8 Purchase Price: $60.29 each
Fiscal Impact: There are no annual maintenanc e costs associated with these pieces of equipment, therefore, the only associated costs are reflected in the acquisition costs reflected above.

E. DISTRACTION AND PAIN COMPLIANCE DEVICES
A device used to distract dangerous persons while deploying less lethal munitions.

Current Inventory:

DEFENSE TECHNOLOGY (DEFTEC), MODEL 1087 STINGER GRENADE Description: This is a hand-held, hand-thr own grenade and has an initial 1 second delayed fuse. Once the fuse is discharged at a low speed, the main charge detonates to produce a loud sound and bright flas h of light, and the distribution of approximately 180 rubber pellets of .32 caliber size are expelled from the grenade, and the pellets can travel up to 50 ft. from the point of detonation.

Quantity: 96

Purchase Price: $46.86 each

Fiscal Impact: There are no annual maintenanc e costs associated with these pieces of equipment, therefore, the only associated costs are reflected in the acquisition costs reflected above.

F. EXPLOSIVE BREACHING TOOLS
Tools that are used to conduct an explosive breach.

Current Inventory:

KINETIC BREACHING TOOL (KBT) MODEL KIT-ATIKBT3-1000

Description: The KBT is a power actuated kinetic energy forced entry tool. It utilizes a crimped blank explosive charge which drives a captive steel impact plate directed at the breach point. The impact plate extends forward out of the clamshell shroud and impacts against the ta rget with a high level of kinetic energy to defeat the entry point or fortification. The impact plate automatically retracts and is reset in the breaching device. The KBT uses semi-automatic cycling, allowing repeated strikes on hardened or multiple targets. The KBT’s intended use is for forced entry during high-risk operations with secure entry points and is designed to be operated 516
9 by a single officer/tactical team member. The KBT weighs 28 lbs. dimensions are 35 in. x 9.9 in. X 9.3 in. and has an audibl e report of 115dB. Th e KBT utilizes a proprietary blank cartridge to deliver up to 850 foot pounds of kinetic energy through the steel ram. There is no projectile or explosive energy that leaves the device except for the force of the ram, which is permanently captured in the breaching device.

Quantity: 1

Purchase Price: $10,579.38
Fiscal Impact: There are no annual maintenanc e costs associated w ith these pieces of equipment, therefore, the only associated costs are reflected in the acquisition costs reflected above.

KBT3-1100 POWER CARTRIDGES
Description: .45 Caliber crimped blank e xplosive charge delivering up to 850 ft. /lb. of force through a hardened steel ram. Power Cartridges are used for the Kinetic Breaching Tool (KBT) Model KIT-ATIKBT 3-1000. No projectile or explosive energy leaves the device except the force of the ram which is permanently captured in the KBT from an 8-slot cylindrical magazine.

Quantity: 150
Purchase Price: $4.56 each
Fiscal Impact: Annual re-supply for training purposes and use during SWAT deployments estimated to be $454.56 annually.

REMINGTON 870 BREACHING SHOTGUN
Description: The modified short-barre led Remington 870 ballistic breaching shotgun is equipped with a serrated br eaching standoff muzzle recoil reducer, rubber grip, plastic side saddle and tactical slinging system which fires a frangible ballistic breaching round. Depending on the constructed mate rial of the door, operators of the Remington 870 Breaching Shotgun shall determine whether Tesar #1 Orange Cap 275 grain compressed coppe r frangible breaching round rated for solid wood doors, light steel, hinges a nd locks or Tesar #4 Yellow Cap 750 grain compressed copper frangible ballistic breaching round rated for heavy steel, hinges and locks will be used. Range of both Te sar #1 and Tesar #4 shall not exceed in excess of ½ mile. The Remington 870 Br eaching Shotgun shall only be used by SWAT operators trained in the use of the Remington 870 ballistic breaching shotgun, with a stand-off of 6” inches less. Effectiveness depends on the constructed material of the door whether wood or steel, locking mechanism, hinges and/or door’s frame.
517
10 Quantity: 8
Purchase Price: $409.73 each
Fiscal Impact: Annual maintenance is approximately $50 for each breaching shotgun.

TESAR #1, ORANGE CAP 275 GRAIN COMPRESSED COPPER FRANGIBLE

BALLISTIC BREACHING ROUNDS
Description: Manufactured by Royal Arms, International the Tesar #1 Orange Cap 275 grain compressed copper frangible ballistic breaching round is used for the sole purpose of the immediate defeat of any/al l door’s locking mechanisms or padlock hasps, minimizing the potential for ricochet or injury to any individual who operates with this frangible round. The frangible ballistic breaching round is rated for solid wood doors, light steel, hinges and locks.

Quantity: 120
Purchase Price: $4.50 each
Fiscal Impact: Annual re-supply for training purposes and use during SWAT deployments estimated to be $300.

TESAR #4, YELLOW CAP 750 GRAIN COMPRESSED COPPER FRANGIBLE

BALLISTIC BREACHING ROUNDS
Description: Manufactured by Royal Arms, International the Tesar #4 Yellow Cap 750 grain compressed copper frangible ballistic breaching round is used for the sole purpose of the immediate defeat of any/al l door’s locking mechanisms or padlock hasps, minimizing the potential for ricochet or injury to any individual who operates with this frangible round. The frangible ballistic breaching round is rated for heavy steel, hinges and locks.

Quantity: 15
Purchase Price: $397.50
Fiscal Impact: Annual re-supply for training purposes and use during SWAT deployments estimated to be $300.

G. CHEMICAL AGENTS AND SMOKE CANISTERS
Canisters/Munitions containing chemical agents that are released when deployed.

Current Inventory:
518
11 COMBINE SYSTEMS (CTS), CS BAFFLED CANISTER GRENADE
Description: The design of the CS Baffled Canister Grenade allows the contents to burn within an internally baffled can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver 25 grams of agent during its 20-40 seconds burn time. The device is launchable. Part Number 5230B.

Quantity: 83
Purchase Price: $31.25 each

DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE
Description: The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can a nd disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver 20 grams of agent during its 20-30 seconds burn time. The de vice is not launchable. Part Number 1032.

Quantity: 0
Purchase Price: $35.72 each

DEFENSE TECHNOLOGY SPEDE-HEAT CS GRENADE
Description: The Spede-Heat CS Gren ade is a high volume, continuous burn munition. It expels a CS payload of 81.2 grams in approximately 20-40 seconds.

The CS is discharged through four gas ports on top of th e canister, three gas ports on the side, and one gas port on the bottom. The device is launchable. Part Number 1072.

Quantity: 11
Purchase Price: $36.71 each

DEFENSE TECHNOLOGY RIOT CONTROL CONTINUOUS DISCHARGE

GRENADE, OC
Description: The Riot Control OC Grenade is designed specifically for outdoor use in crowd control situations with a high-volume conti nuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusiv e. This launchable 519
12 grenade is 6.0 in. by 2.6 in. and hold approximately 25g of OC chemical agent. Part Number: 1056.

Quantity: 5
Purchase Price: $44.76 each

DEFENSE TECHNOLOGY POCKET TACTICAL GRENADE, CS
Description: The Pocket Tactical CS Grenade is small, and lightweight. The 25.2g of CS chemical agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tac tical pouches. Though this device is slightly over four inches in length, it produces a smoke cloud so fa st it appears to be an enveloping screen produced by a full-size tactical grenade. Part Number 1016.

Quantity: 9
Purchase Price: $22.38 each
DEFENSE TECHNOLOGY 40MM CS FERRET LIQUID BARRICADE

PENETRATING PROJECTILE ROUND
Description: The 40MM CS Ferret Liquid m unition is a frangibl e projectile filled with chemical agent. It is designed to deliver chemical agents in barricade situations from a 40mm launcher. Spin st abilization from barrel rifling affords maximum stand-off distance and accuracy for safety. The munition is non-burning and suitable for indoor use. It is designe d to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacti ng the barrier, the nose cone ruptures and instantaneously delivers 6.9 grams of chemical payload inside of a structure or vehicle. The active CS agent instantaneously discharges on impact. Part Number 2262.

Quantity: 73
Purchase Price: $26.90 each
DEFENSE TECHNOLOGY OC AEROSOL GRENADE 1.3% FOGGER, 6oz
Description: The 1 oz. / 6 oz. OC Aerosol Grenade will deliver its payload of 1/3% MC% OC in 15-20 seconds. This is an anatomized mist which enhances the pungent 1.3% OC formulation. Ideal for area de nial areas like attics, garages, etc.

This device has minimum clean up. The canister may also be handheld to direct the spray pattern. This product is designed to provide room clearing ability with minimum clear up requirements. Part number 56854.

Quantity: 4
520
13 Purchase Price: $21.90 each

DEFENSE TECHNOLOGY MILITARY-STYLE BLACK SMOKE GRENADE
Description: The Maximum Smoke Grenad e is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 30-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to reroute a crowd. The volume of smoke is fast and obtrusive. This launchable colored smoke grenade is 6 x 2.35 inches and holds approximately 2.9 ounces of active agent. Part number 1062.

Quantity: 1
Purchase Price: $45.33 each

DEFENSE TECHNOLOGY MILITARY-STYLE SAF-SMOKE GRENADE
Description: The Saf-Smoke Grenade was designed for training, but may also be used in operations. The Saf-Smoke Grenade offer the same approximate burn times as the Spede-Heat Grenade in CN or CS and the Riot Control Grenade in CN or CS. The similar burn times make it the appropriate choice for training or simulation deployment of chemical agent canisters. The Saf-Smoke formulation is considered to be less toxic than Hexachloroethane (HC) smoke. The Saf-Smoke Grenade emits a very white smoke. Part number 1063.

Quantity: 1
Purchase Price: $32.30 each
DEFENSE TECHNOLOGY SKAT SHELL 40MM MULTIPLE PROJECTILE ROUND, CS
Description: The Skat Shell 40mm CS multiple chemical projectile round is designed to deliver multiple CS canisters from a 40mm launcher. It is designed for outdoor use and has a fire-producing capability and has a maximum effective range of 80-100 yards. It is widely used as a crowd management tool for the rapid and broad deployment of a chemical agent by a single grenadier. The Skat Shell contains four separate sub-munitions a nd provides a wide area of coverage. Part number 6172.

Quantity: 97
Purchase Price: $30.12 each
CTS LC5 CHEMICAL AGENT LAUNCHING CUPS
521
14 Description: The chemical agent launching cup is affixed to the barrel end of a Remington 870 shotgun and fastened onto the barrel by a metal band and hand- tightened screw. The launching cup is utilized to hold launchable OC, CS, and smoke munitions to effectively launch them from a safe distance into the designated target area.

Quantity: 4
Purchase Price: $278.82 each

VULCAN MUNITIONS POLE
Description: The Vulcan Munitions Pole is utilized to safely deploy munitions into doors, windows, and openings of buildings and vehicles to introduce OC, CS, smoke, and diversionary devices to dist ract, disrupt, or in capacitate subjects barricaded in structures or vehicles. Th e Vulcan Munitions pole weights less than 9 pounds and is capable of extending from le ss than 8 feet in le ngth to 13 feet in length.

Quantity: 2
Purchase Price: $2,412.62 each

CUSTOM METAL CONCEPTS BURN SAFE
Description: The Burn Safe is a double walled container constructed of aluminum.

It is designed to contain the flames in side the inner chamber thereby reducing the probability of starting a fire. The Burn Safe weighs approximately 8 pounds and is hand-deployed by officers. The weight allo ws the user to successfully penetrate windows, screens, and glass doors. The Burn Safe allows the introduction of significant amounts of pyrotechnic chemical agent into the target, which increases the probability of a successful resolution.

Quantity: 2
Purchase Price: $1,812.00 each

CUSTOM METAL CONCEPTS GAS RAM
Description: The Gas Ram is a multi-use tool that can be utilized for forced entry as a door ram or be deployed as a pyrot echnic Chemical Agent delivery system.

The Gas Ram is equipped with a 12 inch or 24 inch metal probe capable of penetrating walls, doors, sheet metal siding and into vehicles. Inserting the longer 24 inch probe allows use through roofs and dead air spaces. Both probes are effective in delivering significant amounts of pyrotechnic chemical agents with a minimal probability of starting fires.
522
15 Quantity: 1
Purchase Price: $1,500.00
DEFENSE TECHNOLOGY, 12-GUAGE MUZZLE BANG/LAUNCHING

CARTRIDGE ROUND

Description: The 1210 12-Gauge Muzzle Ba ng/Launching Cartridge incorporates an opaque shell and utilizes black powder as the propellant. It has the ability to be used alone as a Muzzle Bang for crowd ma nagement or for propelling grenades when equipped with and using a Department authorized launching cup. Part number 1210.

Quantity: 120

Purchase Price: $7.13 each
Fiscal Impact: There are no annual maintenanc e costs associated with these pieces of equipment, therefore, the only associated costs are reflected in the acquisition costs reflected above.

H. PEPPERBALL LAUNCHER AND ASSOCIATED MUNITIONS
A device that discharges irritant projectiles.

Current Inventory:

TIPPMANN PEPPERBALL GUN
Description: A compressed-air powered la uncher designed to fire non-lethal PepperBall projectiles.

Quantity: 7
Purchase Price: $316.79 each

PEPPERBALL LIVE-X PROJECTILE
Description: The Live Projectile contains a concentrated amount of PAVA pepper powder. One round of LIVE-X contains the equivalent to 10 PepperBall rounds.

Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60 ft. and an area of saturation of 150+ft.

The projectile contains 5% PAVA Powder.

Quantity: 2,100
523
16 Purchase Price: $928.00/case of 375 projectiles
Fiscal Impact: There are no annual maintenanc e costs associated with these pieces of equipment, therefore, the only associated costs are reflected in the acquisition costs reflected above.

I. 40 MM LAUNCHER AND ASSOCIATED MUNITIONS
40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds.

Current Inventory:

DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER
Description: The 40MM Single Launcher is a tactical single shot launcher. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40mm less lethal round up to 131 feet.

Quantity: 5
Purchase Price: $888.70 each
DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE
Description: A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm grenade launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers 120 foot pounds of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.

Quantity: 280
Purchase Price: $20.61 each
Fiscal Impact: In addition to the acquisitio n costs reflected above , there are annual maintenance costs estimated to be approximately $50 for each launcher.

J. LESS LETHAL SHOTGUN AND ASSOCIATED MUNITIONS
Device used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.

Current Inventory:

REMINGTON 870 LESS LETHAL SHOTGUN
524
17 Description: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of de-escalation.

Quantity: 65
Purchase Price: $395.75 each
DRAG STABILIZED 12-GAUGE BEANBAG ROUND
Description: A less lethal 2.4-inch 12-g auge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS).

Drag Stabilized rounds are discharged fr om a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Drag Stabilized Model is in its deployed state immediately upon exiting the barrel. It does not require a mi nimum range to “unfold” or “stabilize.” The Drag Stabilized Model is an aer odynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator.

The Drag Stabilized Model is very accu rate. However, effectiveness depends on many variables, such as distance, cl othing, stature, and the point where the projectile impacts.

Quantity: 390
Purchase Price: $6.47 each
Fiscal Impact: In addition to the acquisitio n costs reflected above , there are annual maintenance costs estimated to be $50 for each shotgun.

K. WINCHESTER SEGMENTED SLUG RIFLED ROUNDS

Description: Winchester 12-gauge 2.75-inch segmented shotgun rifles slugs features full bore rifling, so they will have improved accuracy and sectional density when fired out of a smooth bored shotgun. The round segments upon impact as to not over penetrate barriers.

Quantity: 3,400

Purchase Price: $746.00/1,000 round
Fiscal Impact: Annual training with qualification is approximately $947.05. 525
18 L. UNMANNED AERIAL SYSTEM (UAS)

Unmanned aircraft along with the associated equipment necessary to control the aircraft remotely.

Current Inventory:

DJI MATRICE M30T

Description: UAS that weighs approximately 3770 grams and has a color camera with hybrid zoom, thermal camera capabilities, and approximately 41 minutes of flight time.

Quantity: 2

Cost: $10, 114/each

DJI MAVIC 3 ENTERPRISE THERMAL

Description: UAS that weighs approximately 920 grams and has color and thermal video recording capabilities with approximately 40 minutes of flight time.

Quantity: 3

Cost: $5,748/each

DJI MINI 4 PRO

Description: UAS that weighs approximately 249 grams and has color video recording capabilities and approximately 45 minutes of flight time.

Quantity: 9

Cost: $1,159/each

DJI AVATA 2

Description: UAS that weighs approximately 377 grams and has color video recording capabilities and approximately 23 minutes of flight time. This UAS has enclosed propellers making it more capable in interior or close-quarters deployment.

Quantity: 4

Cost: $1,199/each

Fiscal Impact: Estimated annual maintenance and battery replacement is $5,000.

526
19 M. UNMANNED GROUND VEHICLE

Description: A remotely operated, tactical ground vehicle equipped with a camera, which provides officers with the ability to remotely observe the interior of a structure or other area of operation without physically entering the location.

Quantity: 1

Cost: Estimated to be approximately $2,500

Fiscal Impact: Estimated annual maintenance and batter replacements costs of approximately $200 annually.

6. ANTICIPATED ACQUISITION OF ADDITIONAL MILITARY EQUIPMENT

Aside from replenishment of fungible mun itions described in Section 5 above, the Department does not anticipate that it will seek to acquire any additional military equipment in the next calendar year. Should the needs of the Depart ment change, it will seek the authorization of the Garden Grove City Council prior to acquisiti on of such equipment as required by Policy 706 and Government Code section 7070 et seq.

527
1794435.1
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN

GROVE ADOPTING AN UPDATED GARDEN GROVE POLICE

DEPARTMENT MILITARY EQUIPMENT USE POLICY PURSUANT TO
GOVERNMENT CODE 7071 AND RESCINDING ORDINANCE NO S.
2944 AND 2953.

City Attorney Summary

This Ordinance adopts an updated Garden Grove Police
Department Military Equipment Use Policy pursuant to
Government Code 7071 and replaces Ordinance No s.
2944 and 2953 , which had amended the initial approval
of the Department’s Military Equipment Use Policy.

WHEREAS, the mission of the Garden Grove Police Department (Department) is to provide the highest quality police services to the communities it serves; and

WHEREAS, the Department values transparency and public input, and welcomes open dialogue about its practices and operations; and

WHEREAS, the preservation and sustainability of public safety, civil rights, and officer safety is paramount; and

WHEREAS, the Department responds to a wide variety of critical incidents, instances o f civil unrest, and life and death situations, and operates in numerous unpredictable, dynamic environments; and

WHEREAS, a variety of equipment options is needed for safe and effective resolution of those situations; and

WHEREAS, each situation is evalu ated by incident commanders or supervisors who, based on circumstances and Department directives, determine which equipment should be used; and

WHEREAS, the Department’s diverse catalogue of military equipment, as defined in state law, and associated trai ning gives police officers the confidence and capability to deescalate volatile situations, enhance the safety of the public and officers, and bring critical incidents to a safe resolution; and

WHEREAS, from time to time, the Department may be asked to assist or need to be assisted by other law enforcement agencies, which may include use of military equipment, as defined in state law; and

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WHEREAS, partnerships with other law enforcement agencies are an integral part of maintaining the continuity of public safety within the region; and

WHEREAS, Assembly Bill 481 (AB 481) became effective on January 1, 2022; and

WHEREAS, AB 481 defines military equipment in Government Code section 7070(c) to include a wide range of equipment as described in the Department’s Military Equipment Policy 706; and

WHEREAS, AB 481 requires the Department to obtain the approval of the City Council by an ordinance adopting its Policy 706 prior to requesting military equipment from the federal government, seeking funds for militar y equipment, including grants and donations, acquiring military equipment, collaborating with another law enforcement agency in the use of military equipment in Garden Grove , using any new or existing military equipment in a manner not previously approved by the City Council, or entering into an agreement for funding, receipt, acquisition, use of, or collaboration in the use of military equipment; and

WHEREAS, to promote public safety, civil rights, and officer safety, the Department desires to continue us ing, seeking funding for, acquiring, and collaborating, when necessary, with other law enforcement agencies, in the use of the military equipment described in its Policy 706; and

WHEREAS, on June 14, 2022, the Council adopted Ordinance No. 2935 approving the Department’s initial Military Use Policy which was, at that time, identified as General Order 2.29; and

WHEREAS, on November 14, 2023, the Council adopted Ordinance No. 2944 , which renamed the initial Policy from General Order 2.29 to Policy No. 706; and

WHEREAS, on March 26, 2024, the Council adopted Ordinance No. 2953 amending Attachment 706.5 of Policy No. 706 to add 22 Geissele Super Duty AR -15 rifles to the equipment inventory; and

WHEREAS, the Department has presented its annual report regarding the Department’s use of military equipment to the Council and the Council finds that the annual report meets the requirements of Government Code section 7072; and

WHEREAS, the Council has examined the Department’s updated Policy 706 and finds that the Police Department has submitted all information described in Government Code section 7070(d) and 7072(a), enabling the City Council to make the findings in this ordinance; and

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WHEREAS, pursua nt to Government Code section 7071(d), the City Council finds that the military equipment described in Policy 706 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and

WHEREAS, purs uant to Government Code section 7071(d), the City Council further finds that Policy 706 will safeguard the public’s welfare, safety, civil rights, and civil liberties; and

WHEREAS, pursuant to Government Code section 7071(d), the City Council further finds that continued use of existing military equipment and purchase of military equipment described in Policy 706 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and

WHEREAS, pursuant to Government Code section 7071(d), the City Council further finds that the Department will ensure use of existing military equipment described in Policy 706 will comply with the policy in the future; and

WHEREAS, the Department’s Policy 706 has been prepared as its proposed military equipment use policy, and it has been published on the Garden Grove Police Department’s internet website as required by law.

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

SECTION 1: The foregoing recitals are hereby incorporated in full and adopted as the City Council’s findings pertaining to the Garden Grove Police Department’s Military Equipment Use Policy.

SECTION 2 : Based on the above recitals and findings, and the information provided to the City Council at the public meeting, the City Council determines that the updated Policy No. 706 of the Garden Grove Police Department complies with standards for approval under Government Code section 7071:

1. The identified military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. Policy No. 706 will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. The purchase and use of the identified military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
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4. All military equipment use prior to the adoption of Policy No. 706 complied with applicable Department policy in effect at that time, and adoption of Policy No. 706 will ensure future compliance.

SECTION 3 : Garden Grove Police Department updated Policy No. 706 pertaining to Military Equipment, establishing the Departm ent’s Military Equipment Use Policy is hereby approved and adopted.

SECTION 4: The City Council approves seeking funds for military equipment described in Policy No. 706 , including grants and donations, acquiring military equipment described in Policy No . 706 , collaborating as needed with another law enforcement agency in the deployment or use of military equipment in Garden Grove or Orange County, using existing military equipment as described in Policy No. 706 , and soliciting or entering into an agreement for funds, acquisition, use of, or collaboration for use of military equipment described in Policy No. 706.

SECTION 5: That this approval is not intended to and shall not supersede existing procedures to seek approval for the appropriation and ex penditure of specific funds through the bi-annual budget process, or existing processes for the approval and execution of contracts, donations, and grants.

SECTION 6: That the City Council shall review this Ordinance annually and vote whether to renew the Ordinance, consistent with the requirements of state law.

SECTION 7: This Ordinance replaces Ordinance Nos. 2944 and 2953 and upon its adoption Ordinance Nos. 2944 and 2953 are hereby rescinded.

SECTION 8: If any section, 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 would 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 9: 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 thirty (30) days after adoption.

PASSED AND ADOPTED by the City Council this ____ day of ________, 2024, by the following vote:

AYES:
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NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST:

City Clerk

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Policy
706
Garden Grove Police Department
Policy Manual

Military Equipment

706.1 PURPOSE AND SCOPE

State
The purpose of this policy is to provide guideli nes for the approval, acquisition, and reporting requirements of military equipment (Gover nment Code § 7070; Government Code § 7071; Government Code § 7072). This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481. These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items.

706.1.1 DEFINITIONS

State
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department which, for the purposes of the Department, would be the Garden Grove City Council.

Military equipment – Any of a wide variety of items as defined by California Government Code § 7070, subsections (c)(1) through (c)(16).

Includes but is not limited to the following:

• Unmanned, remotely piloted, powered aerial or ground vehicles.

• Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

• High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

• Tracked armored vehicles that provide ballistic protection to their occupants.

• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

• Weaponized aircraft, vessels, or vehicles of any kind.

• Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.

• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.

• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue service weapons and their ammunition.

• Any firearm or firearm accessory that is designed to launch explosive projectiles.

• Noise-flash diversionary devices and explosive breaching tools.

• Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
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• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).

• Kinetic energy weapons and munitions.

• Any other equipment as determined by a governing body or a state agency to require additional oversight.
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706.2 POLICY

State
It is the policy of the Garden Grove Police Department that members of this Department comply with the provisions of Government Code § 7071 with respect to military equipment.

706.3 MILITARY EQUIPMENT COORDINATOR

Best Practice
The Chief of Police should designate the Professional Standards Division Lieutenant to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:

(a) Acting as liaison to the Garden Grove City Council for matters related to the requirements of this policy.

(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, and any equipment the Department intends to acquire that requires approval by the Garden Grove City Council.

(c) Conducting an inventory of all Department military equipment at least annually.

(d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Garden Grove Police Department (Government Code § 7071).

(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the Department’s funding, acquisition, and use of equipment.

(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072).

(g) Providing information on the Department website which details how members of the public can ask questions, raise concerns, or make comments regarding the military equipment policy, or any use of military equipment by members of the Department.

The military equipment coordinator is required to respond to questions, comments, and/or concerns as set forth in requirements of section 706.9 of this policy.

(h) Ensuring that any proposed and/or approv ed military equipment use policy is made available on the Department website for as long as the military equipment identified in the policy is available for use. (Government Code § 7071(d)(2))

706.4 MILITARY EQUIPMENT USE CONSIDERATIONS

The military equipment acquired and authorized by the Department is:
(a) Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(b) Reasonably cost effective compared to av ailable alternatives that can achieve the same objective of officer and civilian safety.

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706.5 MILITARY EQUIPMENT INVENTORY

State
The following constitutes an inventory of equipment owned and/or in the possession of the Garden Grove Police Department which is deemed to be military equipment as defined by this policy and state law:

See Attachment: 706.5 MILITARY EQUIPMENT INVENTORY

706.6 APPROVAL

State
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council and is available on the Department website at least 30 days prior to any public hearing concerning the military equipm ent policy at issue (Government Code § 7071).

The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

(a) Requesting military equipment made available pursuant to 10 USC § 2576a.

(b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

(c) Acquiring military equipment either permanent ly or temporarily, including by borrowing or leasing.

(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department.

(e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.

(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.

(g) Acquiring military equipment through any means not provided above.

706.6.1 MAINTENANCE OF MILITARY USE SUPPLY LEVELS; EXCHANGE AND

REPLACEMENT OF EQUIPMENT

When stocks of military equipment have reached low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without city council approval to maintain essential availability for the Department's needs.

This policy does not require separate City Council approval to replace a piece of equipment that has previously been approved by the City Council but requires replacement due to damage, expiration of useful life, or similar circumstances. Furthermore, this policy does not require City Council approval in the event that the Department exchanges a previously approved piece of equipment for equipment that is substantially similar in character to the equipment that it is replacing. When assessing whether equipment is substantially similar, the Military Equipment Coordinator shall consider the description, purpose, and authorized use of the equipment at 536
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issue. Only when the equipment obtained is functionally equivalent to the equipment being exchanged may the Department exchange the equipment without first seeking separate City Council approval.

706.7 COORDINATION WITH OTHER JURISDICTIONS

State
Military equipment used by other jurisdictions that are providing mutual aid to this Department shall comply with their respective military equipment use policy in rendering mutual aid.

706.8 ANNUAL REPORT

State
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the Department webs ite for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

Within 30 days of submitting and publicly releasing an annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

706.9 CITIZEN COMMENTS, QUESTIONS AND CONCERNS

State
(a) Complaints. Any complaint regarding the use of military equipment governed by this policy shall be processed in accordance with the Personnel Complaint Policy.

(b) Questions, Comments, and Concerns. The military equipment coordinator designated by the Chief of Police shall be required to include information on the Department’s website detailing how members of the public can submit questions, comments, or concerns regarding the military equipment use policy, or use of military equipment that is governed by this policy. This information shall include the military use coordinator’s email address and telephone number. The military equipment coordinator must respond, in writing when possible, to any question, comment, or concern raised by a member of the public within 10 days of receipt of the comment, question, or concern. When appropriate, the military equipment coordinator will forward any concern which rises to the level of a citizen complaint to the professional standards division for handling pursuant to the Personnel Complaint Policy.

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706.9 COMPLIANCE AND OVERSIGHT

State
(a) Compliance. All members of the Department are required to comply with this military use policy. Failure of any member to comply wi th this military use policy may subject that member to discipline as set forth in the Personnel Complaint Policy. . (b) Oversight. The City Council of the City of Garden Grove shall have oversight authority with respect to the provisions of this policy and its implementation.

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ATTACHMENT 706.5 TO GARDEN GROVE POLICE DEPARTMENT
POLICY 706

MILITARY EQUIPMENT INVENTORY
The following constitutes an inventory of equipment owned and/or in the possession of the Garden Grove Police Department which is deemed to be military equipment as defined by this policy and state law:

1. RESCUE VEHICLE
Commercially produced wheeled rescue personnel vehicle utilized for law enforcement purposes.

Current Inventory:

LENCO BEARCAT G2
Description: Rescue vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.

Quantity: 1
Purchase Price: $286,000.00
Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.

Authorized Use: The use of the rescue vehicle shall only be authorized by a watch commander or SWAT commander, based on the specif ic circumstances of a given critical incident. Rescue vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.

Expected Lifespan: 25 years.

Fiscal Impact: Since acquisition, there have been no outside maintenance costs associated with the vehicle and the only associated costs have been for fuel. The fiscal impact of this piece of equipment will be updated when the service warranty expires and the vehicle begins to accrue costs associated with maintenance.

Training: All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.

Legal and Procedural Rules: It is the policy of the Department to utilize rescue vehicles only for official law enforcement purposes, and pursuant to State and Federal law. 539
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2. MOBILE COMMAND POST VEHICLE (MCP)
A vehicle utilized as a mobile office that prov ides shelter, access to Department computer systems, and restroom facilities during extended events.

Current Inventory:

LDV MCP VEHICLE
Description: The MCP can also be utilized for SWAT/HNT, critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. The vehicle is current ly housed inside an enclosed structure on the property of the department’s Special Services building. The vehicle is the primary command and control platform for the Department’s SWAT team during training and SWAT operations.

Quantity: 1

Purchase Price: $571,791.00
Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place.

Authorized Use: Only officers trained in the deployment and operations in a manner consistent with Department policy and training are authorized to operate the MCP.

Furthermore, only officers who have completed the California State Class B Commercial driving school and become properly licensed will be allowed to drive the MCP. Situations in which the MCP is authorized for use would include, but not be limited to, critical incidents, emergencies, and natural disasters.

Expected Lifespan: The MCP, has a 20-year lifespan on chassis and vehicle structure.

Fiscal Impact: There is no outside costs associated with annual maintenance since the city maintains and services the MCP.

Training: The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle thr oughout the city with an experienced driver.

Driver/operators shall also undergo California Department of Motor Vehicles commercial vehicle testing.

Legal and Procedural Rules: It is the policy of the Department to use the MCP only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

3. RIFLES AND ASSOCIATED AMMUNITION

Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
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Current Inventory:

SIG SAUER M400 RIFLE
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 223/5.56, 16-inch barrel.

Quantity: 120
Purchase Price: $1,344.00/firearm
SIG SAUER M400 RIFLE –(MOTORS)
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 223/5.56, 11-inch barrel.

Quantity: 8
Purchase Price: $978.96/firearm
SIG SAUER 716 DMR G2 .308 PRECISION RIFLE
Description: Semi-automatic precision rifle with an 18-inch barrel, chambered in .308 Winchester, with night force 5.5-22x50 power optic

Quantity: 4

Purchase price: $1,977/rifle, $1,936/scope; $3,913 total/system.

REMINGTON 700 LTR .308 PRECISION RIFLE
Description: Bolt-action precision rifle with an 18-inch barrel, chambered in .308 Winchester

Quantity: 2

Purchase Price: $820.00 each
GEISSELE SUPER DUTY AR-15 5.56 SBR RIFLE
Description: Semi-automatic rifle with an 11-inch barrel, chambered in 5.56.

Quantity: 22

Purchase Price: $1,381.25 each
WINCHESTER.223 REMINGTON 55GR SILVER TIP RIFLE ROUND
Description: .223 Remington caliber, Fragmenting Polymer Tip (FPT), 55 grain bullet weight, brass cartridge case material.
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Quantity: 10,000
Purchase Price: $894.60/1,000 rounds
WINCHESTER .223 REMINGTON 55GR FRANGIBLE RIFLE ROUND
Description: .223 Remington caliber, frangible, 55 grain bullet weight, brass cartridge case material.

Quantity: 4,200
Purchase Price: $894.60/1,000 rounds
WINCHESTER .223 REMINGTON 55GR. FULL METAL JACKET (FMJ) RIFLE ROUND Description: 5.56 MM caliber, Full Metal Jacket (FMJ), 55 grain bullet weight, brass cartridge case material.

Quantity: 14,000
Purchase Price: $436.60/1,000 rounds
HORNADY .308 WIN 168GR A-MAX TAP PRECISION RIFLE ROUND

Description: .308 caliber, Tactical Application Police precision rifle round, 168 grain bullet weight, used in designated marksmen rifles.

Quantity: 1,000(Current Inventory)

Purchase Price: $1,890.00 per box of 1,400
Purpose: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and if use is feasible.

Authorized Use: Only officers who have receiv ed training with the specific firearm are authorized to use that rifle.

Expected Life Span: No expiration date.

Fiscal Impact: Annual maintenance is approximately $50 for each rifle.

Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification four times a year.

Legal and Procedural Rule: It is the policy of the Garden Grove Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
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4. NOISE-FLASH DIVERSIONARY DEVICES
A device used to distract a potentially dangerous person or persons.

Current Inventory:

DEFENSE TECHNOLOGY (DEFTEC), MODEL 8922 DIVERSONARY DEVICE Description: This is the standard noise flash diversionary device. It is non-bursting, non-fragmenting single use device that produces a 175db and 6-8 million candela of light output. It is ideal for distracting potentially dangerous suspects during assaults, hostage rescue, building/room entry or other high-risk arrest situations.

Quantity: 45

Purchase Price: $60.29 each
Purpose: A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light which, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

Authorized Use: Diversionary Devices shall only be used:

1. By officers who have been trained in their proper use.

2. In hostage and barricaded subject situations.

3. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.

4. During other high-risk situations where their use would enhance officer safety.

5. During training exercises.

Expected Lifespan: Until used.

Fiscal Impact: No annual maintenance.

Training: Prior to use, officers must attend diversionary device training that is conducted by POST certified instructors.

Legal and Procedural Rules: Use is established in the Garden Grove Police Department Special Weapons and Tactics Manual. It is the policy of the GGPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

5. DISTRACTION AND PAIN COMPLIANCE DEVICES
A device used to distract dangerous persons while deploying less lethal munitions.

Current Inventory:

DEFENSE TECHNOLOGY (DEFTEC), MODEL 1087 STINGER GRENADE 543
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Description: This is a hand-held, hand-thrown grenade and has an initial 1 second delayed fuse. Once the fuse is discharged at a low speed, the main charge detonates to produce a loud sound and bright flash of light, and the distribution of approximately 180 rubber pellets of .32 caliber size are expelled from the grenade, and the pellets can travel up to 50 ft. from the point of detonation.

Quantity: 96

Purchase Price: $46.86 each

Purpose: To limit the escalation of conflict and decrease use of lethal force when feasible.

Situations for use of the less lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.

Authorized Use: Stinger Grenade Devices shall only be used:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises.

Expected Lifespan: Until used.

Fiscal Impact: No annual maintenance.

Training: Prior to use, officers must attend diversionary device training that is conducted by POST certified instructors.

Legal and Procedural Rules: It is the policy of the GGPD to utilize Stinger Grenades only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

6. EXPLOSIVE BREACHING TOOLS
Tools that are used to conduct an explosive breach.

Current Inventory:

KINETIC BREACHING TOOL (KBT) MODEL KIT-ATIKBT3-1000

Description: The KBT is a power actuated kinetic energy forced entry tool. It utilizes a crimped blank explosive charge which driv es a captive steel impact plate directed at the breach point. The impact plate extends forward out of the clamshell shroud and impacts against the target with a high level of kinetic energy to defeat the entry point or fortification. The impact plate automatically retracts and is reset in the 544
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breaching device. The KBT uses semi-automatic cycling, allowing repeated strikes on hardened or multiple targets. The KBT’s intended use is for forced entry during high-risk operations with secure entry points and is designed to be operated by a single officer/tactical team member. The KBT weighs 28 lbs. dimensions are 35 in. x

9.9 in. X 9.3 in. and has an audible report of 115dB. The KBT utilizes a proprietary blank cartridge to deliver up to 850 foot pounds of kinetic energy through the steel ram. There is no projectile or explosive energy that leaves the device except for the force of the ram, which is permanently captured in the breaching device.

Quantity: 1

Purchase Price: $10,579.38
Purpose: To safely gain entry into a structure.

Authorized Use: Use of the KBT may only occur after the operator gains authorization by the Incident Commander, SWAT Commander in the field, SWAT team leader, SWAT assistant team leader, and/or during training exercises.

Expected Lifespan: Kinetic Breaching Tool (KBT) - 30 years. Blank cartridges – 5 years (preferably rotate rounds within 1 year).

Fiscal Impact: No annual maintenance.

Training: All officers who use explosive breaching tools shall attend and successfully pass a certified course in the use of any breaching or explosive entry tool.

Legal and Procedural Rules: It is the policy of the Garden Grove Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

KBT3-1100 POWER CARTRIDGES
Description: .45 Caliber crimped blank explosive charge delivering up to 850 ft. /lb. of force through a hardened steel ram. Power Cartridges are used for the Kinetic Breaching Tool (KBT) Model KIT-ATIKBT3-1000. No projectile or explosive energy leaves the device except the force of the ram which is permanently captured in the KBT from an 8-slot cylindrical magazine.

Quantity: 150
Purchase Price: $4.56 each
Purpose: The immediate defeat of any locking mechanism.

Authorized Use: SWAT personnel only who have been trained in the use of the Kinetic Breaching Tool (KBT) Model KIT-ATIKBT3-1000.

Expected Life Span: 5 years, preferably rotate rounds within 1 year.

Fiscal Impact: Annual re-supply for training purposes and use during SWAT deployments $454.56 annually.
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Training: All SWAT personnel who have attended and successfully passed a POST approved basic SWAT school are trained quarterly and receive additional training internally.

SWAT operators who utilize the power cartridges shall have completed an approved and certified course in the use of any breaching or explosive entry tool.

Legal and Procedural Rules: It is the policy of the Garden Grove Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

REMINGTON 870 BREACHING SHOTGUN
Description: The modified short barreled Remington 870 ballistic breaching shotgun is equipped with a serrated breaching standoff muzzle recoil reducer, rubber grip, plastic side saddle and tactical slinging system which fires a frangible ballistic breaching round. Depending on the constructed material of the door, operators of the Remington 870 Breaching Shotgun shall determine whether Tesar #1 Orange Cap 275 grain compressed copper frangible breaching round rated for solid wood doors, light steel, hinges and locks or Tesar #4 Yellow Cap 750 grain compressed copper frangible ballistic breaching round rated for heavy steel, hinges and locks will be used. Range of both Tesar #1 and Tesar #4 shall not exceed in excess of ½ mile.

The Remington 870 Breaching Shotgun shall only be used by SWAT operators trained in the use of the Remington 870 ballistic breaching shotgun, with a stand-off of 6” inches less. Effectiveness depends on the constructed material of the door whether wood or steel, locking mechanism, hinges and/or door’s frame.

Quantity: 8
Purchase Price: $409.73 each
Purpose: To safely gain entry into a structure and or/interior doors and the immediate defeat of any/all locking mechanisms.

Authorized Use: Use of the Remington 870 Breaching Shotgun may only occur after the operator gains authorization by the Incident Commander, SWAT Commander in the field, SWAT team leader, SWAT assistant team leader, and/or during training exercises.

Expected Lifespan: Remington 870 Breaching Shotgun- 25 years, Tesar #1 Orange Cap 275 grain compressed copper frangible ballistic breaching rounds- no listed expiration date.

Tesar #4 Yellow Cap 750 grain compressed copper frangible ballistic breaching rounds- no listed expiration date.

Fiscal Impact: Annual maintenance is approximately $50 for each breaching shotgun.

Training: All SWAT personnel who have attended and successfully passed a POST approved basic SWAT school are training quarterly and receive additional training internally.

SWAT operators who utilize the Remington 870 Breaching Shotgun have completed an approved and certified course in the use of any breaching or explosive entry tool.

Legal and Procedural Rules: It is the policy of the Garden Grove Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.
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TESAR #1, ORANGE CAP 275 GRAIN COMPRESSED COPPER FRANGIBLE BALLISTIC

BREACHING ROUNDS
Description: Manufactured by Royal Arms, International the Tesar #1 Orange Cap 275 grain compressed copper frangible ballistic breaching round is used for the sole purpose of the immediate defeat of any/all door’s locking mechanisms or padlock hasps, minimizing the potential for ricochet or injury to any individual who operates with this frangible round. The frangible ballistic breaching round is rated for solid wood doors, light steel, hinges and locks.

Quantity: 120
Purchase Price: $4.50 each
Purpose: The immediate defeat of a door’s locking mechanism.

Authorized Use: SWAT personnel only who have been trained in the use of the Remington 870 Ballistic Breaching Shotgun.

Expected Life Span: No listed expiration date.

Fiscal Impact: Annual re-supply for training purposes and use during SWAT deployments $300 yearly.

Training: All SWAT personnel who have attended and successfully passed a POST approved basic SWAT school are trained quarterly and receive additional training internally.

SWAT operators who utilize the Tesar #1 frangible ballistic breaching round shall have completed an approved and certified course in the use of any breaching or explosive entry tool.

Legal and Procedural Rules: It is the policy of the Garden Grove Police Department to utilize breaching tools/rounds only for official law enforcement purposes, and pursuant to State and Federal law.

TESAR #4, YELLOW CAP 750 GRAIN COMPRESSED COPPER FRANGIBLE BALLISTIC

BREACHING ROUNDS
Description: Manufactured by Royal Arms, International the Tesar #4 Yellow Cap 750 grain compressed copper frangible ballistic breaching round is used for the sole purpose of the immediate defeat of any/all door’s locking mechanisms or padlock hasps, minimizing the potential for ricochet or injury to any individual who operates with this frangible round. The frangible ballistic breaching round is rated for heavy steel, hinges and locks.

Quantity: 15
Purchase Price: $397.50
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Authorized Use: SWAT personnel only who have been trained in the use of the Remington 870 Ballistic Breaching Shotgun.

Expected Life Span: No listed expiration date.

Fiscal Impact: Annual re-supply for training purposes and use during SWAT deployments $300 yearly.

Training: All SWAT personnel who have attended and successfully passed a POST approved basic SWAT school are trained quarterly and receive additional training internally.

SWAT operators who utilize the Tesar #4 frangible ballistic breaching round shall have completed an approved and certified course in the use of any breaching or explosive entry tool.

Legal and Procedural Rules: It is the policy of the Garden Grove Police Department to utilize breaching tools/rounds only for official law enforcement purposes, and pursuant to State and Federal law.

7. CHEMICAL AGENTS AND SMOKE CANISTERS
Canisters/Munitions containing chemical agents that are released when deployed.

Current Inventory:

COMBINE SYSTEMS (CTS), CS BAFFLED CANISTER GRENADE
Description: The design of the CS Baffled Canister Grenade allows the contents to burn within an internally baffled can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver 25 grams of agent during its 20-40 seconds burn time. The device is launchable. Part Number 5230B.

Quantity: 83
Purchase Price: $31.25 each

DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE
Description: The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver 20 grams of agent during its 20-30 seconds burn time. The device is not launchable. Part Number 1032.

Quantity: 0
Purchase Price: $35.72 each
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DEFENSE TECHNOLOGY SPEDE-HEAT CS GRENADE
Description: The Spede-Heat CS Grenade is a high volume, continuous burn munition. It expels a CS payload of 81. 2 grams in approximately 20-40 seconds.

The CS is discharged through four gas ports on top of the canister, three gas ports on the side, and one gas port on the bottom. The device is launchable. Part Number 1072.

Quantity: 11
Purchase Price: $36.71 each

DEFENSE TECHNOLOGY RIOT CONTROL CONTINUOUS DISCHARGE GRENADE, OC Description: The Riot Control OC Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd.

The volume of smoke and agent is vast and obtrusive. This launchable grenade is

6.0 in. by 2.6 in. and hold approximately 25g of OC chemical agent. Part Number:
1056.

Quantity: 5
Purchase Price: $44.76 each

DEFENSE TECHNOLOGY POCKET TACTICAL GRENADE, CS
Description: The Pocket Tactical CS Grenade is small, and lightweight. The 25.2g of CS chemical agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade. Part Number 1016.

Quantity: 9
Purchase Price: $22.38 each
DEFENSE TECHNOLOGY 40MM CS FERRET LIQUID BARRICADE PENETRATING

PROJECTILE ROUND
Description: The 40MM CS Ferret Liquid munition is a frangible projectile filled with chemical agent. It is designed to deliver chemical agents in barricade situations from a 40mm launcher. Spin stabilization from barrel rifling affords maximum stand-off distance and accuracy for safety. The munition is non-burning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers 6.9 grams of chem ical payload inside of a structure or vehicle. The active CS agent instantaneously discharges on impact. Part Number 2262.

Quantity: 73
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Purchase Price: $26.90 each
DEFENSE TECHNOLOGY OC AEROSOL GRENADE 1.3% FOGGER, 6oz
Description: The 1 oz. / 6 oz. OC Aerosol Grenade will deliver its payload of 1/3% MC% OC in 15-20 seconds. This is an anatomized mist which enhances the pungent

1.3% OC formulation. Ideal for area denial areas like attics, garages, etc. This device has minimum clean up. The canister may also be handheld to direct the spray pattern.

This product is designed to provide room clearing ability with minimum clear up requirements. Part number 56854.

Quantity: 4
Purchase Price: $21.90 each

DEFENSE TECHNOLOGY MILITARY-STYLE BLACK SMOKE GRENADE
Description: The Maximum Smoke Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 30-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to reroute a crowd. The volume of smoke is fast and obtrusive. This launchable colored smoke grenade is 6 x 2.35 inches and holds approximately 2.9 ounces of active agent. Part number 1062.

Quantity: 1
Purchase Price: $45.33 each

DEFENSE TECHNOLOGY MILITARY-STYLE SAF-SMOKE GRENADE
Description: The Saf-Smoke Grenade was designed for training, but may also be used in operations. The Saf-Smoke Grenade offer the same approximate burn times as the Spede-Heat Grenade in CN or CS and the Riot Control Grenade in CN or CS.

The similar burn times make it the appropriate choice for training or simulation deployment of chemical agent canisters. The Saf-Smoke formulation is considered to be less toxic than Hexachloroethane (HC) smoke. The Saf-Smoke Grenade emits a very white smoke. Part number 1063.

Quantity: 1
Purchase Price: $32.30 each
DEFENSE TECHNOLOGY SKAT SHELL 40MM MULTIPLE PROJECTILE ROUND, CS Description: The Skat Shell 40mm CS multiple chemical projectile round is designed to deliver multiple CS canisters from a 40mm launcher. It is designed for outdoor use and has a fire-producing capability and has a maximum effective range of 80-100 yards. It is widely used as a crowd management tool for the rapid and broad deployment of a chemical agent by a single grenadier. The Skat Shell contains four separate sub-munitions and provides a wide area of coverage. Part number 6172. 550
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Quantity: 97
Purchase Price: $30.12 each
CTS LC5 CHEMICAL AGENT LAUNCHING CUPS
Description: The chemical agent launching cup is affixed to the barrel end of a Remington 870 shotgun and fastened onto the barrel by a metal band and hand- tightened screw. The launching cup is utilized to hold launchable OC, CS, and smoke munitions to effectively launch them from a safe distance into the designated target area.

Quantity: 4
Purchase Price: $278.82 each

VULCAN MUNITIONS POLE
Description: The Vulcan Munitions Pole is utilized to safely deploy munitions into doors, windows, and openings of buildings and vehicles to introduce OC, CS, smoke, and diversionary devices to distract, disrupt, or incapacitate subjects barricaded in structures or vehicles. The Vulcan Munitions pole weights less than 9 pounds and is capable of extending from less than 8 feet in length to 13 feet in length.

Quantity: 2
Purchase Price: $2,412.62 each

CUSTOM METAL CONCEPTS BURN SAFE
Description: The Burn Safe is a double walled container constructed of aluminum. It is designed to contain the flames inside the inner chamber thereby reducing the probability of starting a fire. The Burn Safe weighs approximately 8 pounds and is hand-deployed by officers. The weight allows the user to successfully penetrate windows, screens, and glass doors. The Burn Safe allows the introduction of significant amounts of pyrotechnic chemical agent into the target, which increases the probability of a successful resolution.

Quantity: 2
Purchase Price: $1,812.00 each

CUSTOM METAL CONCEPTS GAS RAM
Description: The Gas Ram is a multi-use tool that can be utilized for forced entry as a door ram or be deployed as a pyrotechnic Chemical Agent delivery system. The Gas Ram is equipped with a 12 inch or 24 inch metal probe capable of penetrating walls, doors, sheet metal siding and into vehicles. Inserting the longer 24 inch probe allows use through roofs and dead air spaces. Both probes are effective in delivering significant amounts of pyrotechnic chemical agents with a minimal probability of starting fires.
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Quantity: 1
Purchase Price: $1,500.00
DEFENSE TECHNOLOGY, 12-GUAGE MUZZLE BANG/LAUNCHING CARTRIDGE ROUND

Description: The 1210 12-Gauge Muzzle Bang/Launching Cartridge incorporates an opaque shell and utilizes black powder as the propellant. It has the ability to be used alone as a Muzzle Bang for crowd management or for propelling grenades when equipped with and using a Department authorized launching cup. Part number 1210.

Quantity: 120

Purchase Price: $7.13 each
Purpose: To cause a suspect discomfort and/or deny him/her access to certain areas of a structure, vehicle, or area to aid in bringing an event to a successful conclusion. Situations for use of chemical agents may include but are not limited to:
a. To reduce violence, minimize property damage, and protect the public. b. To disperse individuals during riots or incidents of civil disobedience. c. To incapacitate a suspect who is endangering life or property. d. To apprehend suspects who refuse to submit to arrest.

Authorized Use: SWAT personnel who have been trained in the use of chemical agents.

Excepted Life Span: Refer to manufacturer’s specifications sheet for each munitions. Life span of most munitions is 5 years from date of manufacturer.

Fiscal Impact: No annual maintenance. Munitions must be replaced per manufacturer recommendations.

Training: Sworn members utilizing chemical agents are trained in there use by POST certified chemical agent instructors.

Legal and Procedural Rules: Authorized use is established under the Use of Force Policy. It is the policy of the GGPD to utilize chem ical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

8. PEPPERBALL LAUNCHER AND ASSOCIATED MUNITIONS
A device that discharges irritant projectiles.

Current Inventory:

TIPPMANN PEPPERBALL GUN
Description: A compressed-air powered launcher designed to fire non-lethal PepperBall projectiles.
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Quantity: 7
Purchase Price: $316.79 each

PEPPERBALL LIVE-X PROJECTILE
Description: The Live Projectile contains a concentrated amount of PAVA pepper powder. One round of LIVE-X contains the equivalent to 10 PepperBall rounds.

Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS.

The projectile has a direct impact of 60 ft. and an area of saturation of 150+ft. The projectile contains 5% PAVA Powder.

Quantity: 2,100
Purchase Price: $928.00/case of 375 projectiles
Purpose: To limit the escalation of conflict and decrease use of lethal force when feasible.

Situations for use of the less lethal weapon systems may include but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.

9. 40 MM LAUNCHER AND ASSOCIATED MUNITIONS
40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds.

Current Inventory:

DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER
Description: The 40MM Single Launcher is a tactical single shot launcher. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40mm less lethal round up to 131 feet.

Quantity: 5
Purchase Price: $888.70 each
DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE
Description: A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm grenade launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers 120 foot pounds of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.
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Quantity: 280
Purchase Price: $20.61 each
Purpose: To limit the escalation of conflict and decrease use of lethal force when feasible.

Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.

Training: Sworn members utilizing 40mm less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal and chemical agent instructors.

Expected Life Span: Defense Technology Launchers - 25 years, Rounds - 5 years.

Fiscal Impact: Annual maintenance is approximately $50 for each launcher.

Legal and Procedural Rules: Authorized use is established under the Use of Force Policy. It is the policy of the Garden Grove Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

10. LESS LETHAL SHOTGUN AND ASSOCIATED MUNITIONS
Device used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.

Current Inventory:

REMINGTON 870 LESS LETHAL SHOTGUN
Description: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of de-escalation.

Quantity: 65
Purchase Price: $395.75 each
DRAG STABILIZED 12-GAUGE BEANBAG ROUND
Description: A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). Drag Stabilized rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than 554
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five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Drag Stabilized Model is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize.” The Drag Stabilized Model is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Drag Stabilized Model is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.

Quantity: 390
Purchase Price: $6.47each
Purpose: To limit the escalation of conflict and decrease use of lethal force when feasible.

Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.

Expected Life Span: Remington 870 Less Lethal Shotgun - 25 years, Drag Stabilized 12- gauge beanbag round and Winchester slug rifle rounds - no listed expiration date.

Fiscal Impact: Annual maintenance is approximately $50 for each shotgun.

Training: All officers are trained in the 12-gauge less lethal shotgun as a less lethal option by in-service training. SWAT personnel receive additional training internally when they transfer to the unit. SWAT operators who utilize these munitions successfully completed a POST approved gas school and/or trained in house by POST certified chemical agent instructors for muzzle blast training.

Legal and Procedural Rules: Authorized use is established under the Use of Force Policy. It is the policy of the Garden Grove Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

11. WINCHESTER SEGMENTED SLUG RIFLED ROUNDS

Description: Winchester 12-gauge 2.75-inch segmented shotgun rifles slugs features full bore rifling, so they will have improved accuracy and sectional density when fired out of a smooth bored shotgun. The round segments upon impact as to not over penetrate barriers.

Quantity: 3,400

Purchase Price: $746.00/1,000 round
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Purpose: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and if use is feasible. This is a standard issued patrol duty round.

Authorized Use: All sworn officers w ho have graduated from a POST Academy are authorized to use this ammunition.

Expected Life Span: No expiration date.

Fiscal Impact: Annual training with qualification is approximately $947.05.

Training: Officers must be certified by POST instructors (standard POST Academy trained) in the operation of the shotgun. Additionally, all members that operate any shotgun are required to pass a range qualification one time a year.

Legal and Procedural Rule: It is the policy of the Garden Grove Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

12. UNMANNED AERIAL SYSTEM (UAS)

Unmanned aircraft along with the associated equipment necessary to control the aircraft remotely.

Inventory:

DJI MATRICE M30T

Description: UAS that weighs approximately 3770 grams and has a color camera with hybrid zoom, thermal camera capabilities, and approximately 41 minutes of flight time.

Quantity: 2

Cost: $10, 114/each

DJI MAVIC 3 ENTERPRISE THERMAL

Description: UAS that weighs approximately 920 grams and has color and thermal video recording capabilities with approximately 40 minutes of flight time.

Quantity: 3

Cost: $5,748/each

DJI MINI 4 PRO

Description: UAS that weighs approximately 249 grams and has color video recording capabilities and approximately 45 minutes of flight time.

Quantity: 9
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Cost: $1,159/each

DJI AVATA 2

Description: UAS that weighs approximately 377 grams and has color video recording capabilities and approximately 23 minutes of flight time. This UAS has enclosed propellers making it more capable in interior or close-quarters deployment.

Quantity: 4

Cost: $1,199/each

Purpose: Small Unmanned Aerial Systems (sUAS) are to be deployed when its view would assist officers or incident commanders with the following situations; which include but are not limited to:

a. Major traffic collision investigations
b. Evidence collection
c. Search for missing persons/swimmers
d. Crime scene photography
e. Natural disaster or hazardous scene management
f. Situational awareness during major incidents
g. SWAT, tactical or other public safety and life preservation missions h. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention

Authorized Use: Only personnel assigned as UAS team members who have completed the required training and hold a valid FAA Part 107 license shall be permitted to operate any UAS during approved missions.

Expected Life Span: All UAS equipment is expected to last 3-5 years.

Fiscal Impact: Estimated annual maintenance and battery replacement is $5,000.

Training: All department UAS operators are licensed by the Federal Aviation Administration for UAS operation under FAA Regulation 14 CFR Part 107. In addition, each operator must attend initial department or POST-certified training and participate in ongoing training.

Legal and Procedural Rules: FAA Regulation 14 CFR Part 107 and the Garden Grove Lexipol Policy section (UAS policy). It is the policy of the Garden Grove Police Department to utilize the UAS only for official purposes and in a manner that respects the privacy of our community pursuant to State and Federal law.

13. UNMANNED GROUND VEHICLE

Description: A remotely operated, tactical ground vehicle equipped with a camera, which provides officers with the ability to remotely observe the interior of a structure or other area of operation without physically entering the location.

Quantity: 1

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Cost: Estimated to be approximately $2,500

Purpose: To be used during tactical incidents to safely search and observe the interior of a structure or other area of operation without placing officers in an immediate confrontation with a suspect, enhancing the safety of the community, officers and suspects.

Authorized Use: The tactical unmanned ground vehicle will only be used by trained personnel at the direction of a supervisor.

Expected Life Span: Several years depending on use and environment.

Fiscal Impact: Estimated annual maintenance and batter replacements costs of approximately $200 annually.

Training: All unmanned ground vehicle operators shall receive initial training prior to deploying the vehicle in the field.

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Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Omar Sandoval
Dept:

City Manager Dept: City Attorney
Date: 11/12/2024

Subject: Introduction and First Reading of an Ordinance amending provisions of Chapter

11.32 of the Garden Grove Municipal Code pertaining to the removal and replacement of City trees, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE AMENDING PROVISIONS OF CHAPTER 11.32 OF TITLE 11 OF THE GARDEN

GROVE MUNICIPAL CODE PERTAINING TO THE REMOVAL AND REPLACEMENT OF CITY TREES. (Action Item)

OBJECTIVE

For the City Council to introduce and pass to second reading an ordinance amending provisions of Chapter 11.32 of the Garden Grove Municipal Code pertaining to the removal and replacement of City trees.

BACKGROUND

The City’s existing tree ordinance permits the removal and replacement of City trees deemed undesirable by property owners pursuant to a resident petition process where a majority of neighbors consent to the removal and replacement application. Council Me mber Brietigam proposed that the ordinance be revised to promote the replacement of trees that are not on the City’s list of acceptable trees given that non-listed trees can cause liability and problems when they fall during rain or wind events, lift sidew alks, or break sewer lines among other problems.

DISCUSSION

The proposed Ordinance revises various sections of Chapter 11.32 of the Garden Grove Municipal Code pertaining to the application by property owners to remove City trees on or adjacent to their properties. The revisions remove the requirement for majority neighbor consent and will generally require that property owners wishing to remove City trees on or near their properties agree to replace the tree(s) or pay a fee to enable the City to replace the tree(s) elsewhere in the City.

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Applications for removal and replacement of City trees will be reviewed and approved by the City Manager or designee in the case of one tree and the Planning Commission in the case of more than one tree. Decisions of the City Manager or designee will be appealable to the Administrative Board of Appeals while decisions of the Planning Commission will be final. The fine for failing to replace a tree is increased from $50 to $250 for each tree not planted.

A redlined copy of Chapter 11.32 showing the revisions is attached.

FINANCIAL IMPACT

None.

RECOMMENDATION

It is recommended that the City Council:
 Introduce and conduct the first reading of the Ordinance amending provisions of Chapter 11.32 pertaining to the removal and replacement of City trees and pass it to second reading.

ATTACHMENT(S)

1. Ordinance

2. Chapter 11.32 redlined to show revisions made by the ordinance

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ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN
GROVE AMENDING PROVISIONS OF CHAPTER 11.32 OF TITLE 11 OF

THE GARDEN GROVE MUNICIPAL CODE PERTAINING TO THE
REMOVAL AND REPLACEMENT OF CITY TREES.

CITY ATTORNEY SUMMARY

This Ordinance revises various sections of Chapter 11.32 of the Garden Grove Municipal Code pertaining to the application by property owners to remove City trees on or adjacent to their properties. The revisions remove the requirement for majority neighbor consent and will generally require that property owners wishing to remove City trees on or near their properties agree to replace the tree(s) or pay a fee to enable the City to replace the tree(s) elsewhere in the City. Applications for removal and replacement of City trees will be reviewed and approved by the City Manager or designee in the case of one tree and the Planning Commission in the case of more than one tree. Decisions of the City Manager or designee will be appealable to the Administrati ve Board of Appeals while decisions of the Planning Commission will be final. The fine for failing to replace a tree is increased from $50 to $250 for each tree not planted.

THE CITY COUNCIL OF THE CITY OF GARDEN GROVE HEREBY ORDAINS AS FOLLOWS:

SECTION 1. Subdivisions A and B(1) of Section 11.32.010 of Chapter 11.32 of Title 11 of the Garden Grove Municipal Code is amended to read as follows (deletions shown in strikethrough, additions shown in bold/underline):

A. It is the purpose of this chapter to preserve, protect and promote the health, safety and general welfare of the public by providing for the regulation of trees located on thoroughfares, parks and public areas owned or controlled by the City. These regulations also apply to new developments and alterations to previous developments on private property.

B. It is the intent of this chapter to:

1. Preserve, maintain, and care for trees on public property , while encouraging replanting of City-approved trees.

SECTION 2. The following definition of Section 11.32.020 of Chapter 11.32 of Title 11 of the Garden Grove Municipal Code is amended to read as follows (deletions shown in strikethrough, additions shown in bold/underline):

"Adjacent property owners owner" means the owners owner of property directly adjacent to the parcel on which the subject tree is located. If the tree is located on 561
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City-owned property or right -of-way owned in fee, the "adjacent property owners owner" include is the owners owner of property(ies) within 10 feet of closest to the tree as determined by the City Manager and the parcels adjacent thereto.

SECTION 3 . Subdivision B of Section 11.32. 025 of Chapter 11.32 of Title 11 of the Garden Grove Municipal Code is amended to read as follows (deletions shown in strikethrough, additions shown in bold/underline):

B. The City Manager shall prepare and publish guidelines and specifications for tree planting, tree species selection, care, maintenance, removal and landscape design in a document entitled “Tree Ordinance Guidelines” for reference and use by property owners, developers, consultants and the general public in furtherance of the requirements and intent of this chapter.

The Guidelines guidelines shall be reviewed periodically by the Planning Commission.

SECTION 4. Subdivision A(2) of Section 11.32. 030 of Chapter 11.32 of Title 11 of the Garden Grove Municipal Code is amended to read as follows (deletions shown in strikethrough, additions shown in bold/underline):

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

SECTION 5. Subdivisions A, B, C, and L of Section 11.32.040 of Chapter 11.32 of Title 11 of the Garden Grove Municipal Code is amended to read as follows (deletions shown in strikethrough, additions shown in bold/underline):

A. No person shall spray, fertilize, injure, remove, 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 permit from the City, and without complying strictly with the provisions of the permit , and this chapter, and the “Tree Ordinance Guidelines.”.

B. No person shall plant any tree or shrub on any public street right -of-way or public property without first obtaining a permit from the City and without complying strictly with the provisions of the permit , and the provisions of this chapter and the “Tree Ordinance Guidelines.”.

C. No person shall damage, nail, cut, or carve any tree or shrub having all or any portion of its trunk in or upon any public property; attach any object, including, but not limited to, rope, wire, nail, chain or sign to any such tree or shrub, or to the guard or stake intended for the protection of such tree.

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L. Any tree service person performing tree pruning or removal activities on public property must have an arborist or authorized City employee, as defined in this chapter, present onsite to perform or oversee the work.

SECTION 6 . Section 11.32. 050 of Chapter 11.32 of Title 11 of the Garden Grove Municipal Code is amended to read as follows (deletions shown in strikethrough, additions shown in bold/underline):

§ 11.32.050. Permit Application and Issuance.

A. No permit shall be issued under this chapter until the application is submitted in compliance with this chapter and the appropriate fee is paid, not less than two weeks in advance of the time the work is to be done, unless otherwise permitted by the City Manager to abate an immediate hazard.

B. The City Manager or Planning Commission shall issue the appropriate permit as provided for herein if, in his or her judgment, the proposed work adheres to specifications contained in this chapter and in the Tree Ordinance Guidelines guidelines.

C. The person receiving the permit shall abide by all conditions stated on the permit and by the standards established in the Tree Ordinance Guidelines guidelines.

D. Any tree permit granted shall contain a definite date of expiration. The work shall be completed in the time allowed on the permit, and only in the manner as therein described.

E. Notice of completion shall be given within five days to the City Manager for inspection.

F. Where a tree permit for removal has been denied, the property owner may appeal the decision to of the City Manager within 10 15 days of the denial to the Administrative Board of Appeals or the decision shall be deemed final . The appeal may be heard by an official or designee not involved in the denial of the permit. The decision of the official or designee shall be final. The Administrative Board of Appeals shall consider the appeal and the decision of the Board in respect thereto shall be final and conclusive. Decisions of the Planning Commission are not appealable and are final and conclusive. Pursuant to Code o f Civil Procedure Section 1094.6, any petition for judicial review shall be filed not later than 90 days after the Board or Planning Commission makes its final decision. The provisions of Section 1094.6 shall apply. The 563
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secretary of the Board or the Planni ng Commission shall notify the appellant that filing a petition for an administrative writ is subject to the 90-day time limitation set forth in Code of Civil Procedure Section 1094.6.

SECTION 7 . Section 11.32. 060 of Chapter 11.32 of Title 11 of the Garden Grove Municipal Code is amended to read as follows (deletions shown in strikethrough, additions shown in bold/underline):
§ 11.32.060. Resident Petition for Street Tree Removal and Replacement.

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:

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

1. Zero to 15 trees: 75%.

2. 16 to 25 trees: 80%.

3. 26 trees and over: 85%.

An application may be presented by an adjacent property owner for the removal and replacement of existing City trees in compliance with this chapter. Applications for removal and replacement of a single tree shall be made to the City Manager. Applications for removal and replacement of more than one tree shall be made to the Planning Commission. The following conditions must be met:

A. The applicant shall agree to one of the following before the application approval is considered:

1. The applicant agrees to replace the tree(s) with a City-approved tree and acknowledges they will care for the establishment of the newly-planted tree(s), or

2. The applicant refuses to replace the tree(s) and pays a fee of $250 per tree for the City to plant replacement tree(s) elsewhere in the City. The fee may be adjusted by the C ity Council by resolution from time to time. The request does not need to include a reason or statement of safety or undesirability.

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

C. 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.

D. 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. No reapplications will be considered on application denials by the City Manager, Planning Commission or Administrative Board of Appeals for five (5) years after the date of their decision.

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

Nothing contained in this chapter shall be construed to enable automatic City approval of any application.

SECTION 8. Subdivisions B(1) and B(5) of Section 11.32.160 of Chapter 11.32 of Title 11 of the Garden Grove Municipal Code is amended to read as follows (deletions shown in strikethrough, additions shown in bold/underline):

1. Failure to plant original or replacement trees in accordance with this chapter shall be subject to a fine of $50.00 $250.00 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 time to correct the violation. If the site is not brought into compliance within the time specified in the notice of violation, a civil penalty may be assessed from the date the notice of violation is received. The failure to plant each individual tree shall constitute a separate, daily and continuing violation.

5. Any other action that constitutes a violation of this chapter may subject the violator to a civil penalty of $50.00 $250.00, and each day of continuing violation shall constitute a separate violation. However, the maximum amount of the penalty shall not exceed $1,000.00.

SECTION 9: If any section, 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 would have adopted this Ordinance and each section, subsection, subdivision, sentence, 565
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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 thirty (30) days after adoption.

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1 CHAPTER 11.32
TREES
§ 11.32.010. Purpose and Intent.

A. It is the purpose of this chapter to preserve, protect and promote the health, safety and general welfare of the public by providing for the regulation of trees located on thoroughfares, parks and public areas owned or controlled by the City. These regulations also apply to new developments and alterations to previous developments on private property.

B. It is the intent of this chapter to:

1. Preserve, maintain, and care for trees on public property , while encouraging replanting of City-approved trees.

2. Regulate the planting, maintenance and removal of trees.

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

4. Protect the community from personal injury and property damage caused or threatened by improper planting, pruning, maintenance or removal of trees.

5. Emphasize the importance of trees and vegetation as both visual and physical buffers.

6. Improve air quality by reducing air pollution and carbon dioxide levels in the atmosphere.

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

8. Provide and preserve shade and tree canopy to reduce ambient temperatures and heat island effects.

9. Prevent soil erosion.
§ 11.32.020. Definitions.

Words and phrases used in this chapter that are not specifically defined in this section shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Adjacent property owners" means the owners of property directly adjacent to the parcel on which the subject tree is located. If the tree is located on City-owned property or right-of-way owned in fee, the "adjacent property owners" include is the owners of property(ies) within 10 feet ofclosest to the tree and the parcels adjacent thereto as determined by the City Manager. "Arborist" means an individual who is a specialist in the care and maintenance of trees and is certified by the International Society of Arboriculture (ISA) or is a registered consulting arborist certified by the American Society of Consulting Arborists (ASCA) in good standing. 567
2 "City Manager" means the City Manager of the City or designee. "Park" includes all existing public parks and those to be developed in the future. "Park tree" includes all trees, shrubs and other woody vegetation growing in existing public parks and those to be developed in the future.
“Petition” the process for requesting action or permissions from the city. Not to be confused with gathering of signatures.
"Public places" includes all other areas owned 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" means, generally, 18 inches to 24 inches deep and a distance from the trunk of a tree equal to one-half its height or its drip line, whichever is greater. § 11.32.025. City Jurisdiction and Authority.

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

B. The City Manager shall prepare and publish guidelines and specifications for tree planting, tree species selection, care, maintenance, removal and landscape design in a document entitled "Tree Ordinance Guidelines" for reference and use by property owners, developers, consultants and the general public in furtherance of the requirements and intent of this chapter. The Guidelines guidelines shall be reviewed periodically by the Planning Commission.

C. The City Manager shall review all applications for permits for any planting, removal and/or trimming or cutting of trees subject to this chapter and shall have the authority to grant or deny permits and to attach reasonable conditions to the granting of a permit. § 11.32.030. Nuisance Abatement.

A. A tree, shrub, or part thereof shall be declared a nuisance, if one or more of the following conditions are met:

1. It interferes with the use of any public thoroughfare, park or public place.

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

3. It constitutes a center of infection for disease or insects that may endanger the health and life of other trees or shrubs.

B. In the event of a nuisance, the owner shall be notified in writing of the existence of such public nuisance and given reasonable time for its correction or removal. If not corrected or removed within the time allowed, the City Manager shall cause said nuisance to be corrected or removed, and initiate such procedures or court action as necessary to defray all cost resulting therefrom.
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3 § 11.32.040. Protection for Trees on Public Property.

A. No person shall spray, fertilize, injure, remove, 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 permit from the City, and without complying strictly with the provisions of the permit, and this chapter, and the "Tree Ordinance Guidelines.".

B. No person shall plant any tree or shrub on any public street right-of-way or public property without first obtaining a permit from the City and without complying strictly with the provisions of the permit , and the provisions of this chapter and the "Tree Ordinance Guidelines.".

C. No person shall damage, nail, cut, or carve any tree or shrub having all or any portion of its trunk in or upon any public property; attach any object, including, but not limited to, rope, wire, nail, chain or sign to any such tree or shrub, or to the guard or stake intended for the protection of such tree.

D. No person shall place, store, deposit, or maintain, upon the ground in any public street or public place, any compacted stone, cement, brick, sand or other materials which may impede or obstruct the free 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 drainage; excavate any ditches, tunnels, or trenches; or lay any drive within the root protection zone of any tree having all or any portion of its trunk in or upon any public property without obtaining a permit from the City and without strictly complying with the provisions of the permit and provisions of this chapter.

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 property without first obtaining a permit 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 public place in such manner as to injure any tree or shrub growing thereon.

H. No person shall build any fire or station any engine in any public place in such a manner that the heat, vapors, or fumes therefrom may injure the trees or shrubs growing thereon.

I. No person shall permit any leak to exist in any gas pipe or main 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 smoke, gases, or other injurious chemicals that may be harmful to the health or life of such tree or shrub.

K. Liability for damages or injuries to any tree or shrub having all or any portion of its trunk in or upon public property resulting from a violation of this chapter shall be determined by the City in accordance with Section 11.32.160. The person performing the work, the property owner and the person contracting for the performance of the work shall be jointly and severally liable for any penalties or other enforcement action imposed pursuant to this chapter, or other provisions of law on account of work performed in violation of this chapter. 569
4 However, no claims shall be made more than five years after damage can be proven to have occurred.

L. Any tree serviceperson performing tree pruning or removal activities on public property must have an arborist or authorized City employee, as defined in this chapter, present onsite to perform or oversee the work.
§ 11.32.050. Permit Application and Issuance.

A. No permit shall be issued under this chapter until the application is submitted in compliance with this chapter and the appropriate fee is paid, not less than two weeks in advance of the time the work is to be done, unless otherwise permitted by the City Manager to abate an immediate hazard.

B. The City Manager or Planning Commission shall issue the appropriate permit as provided for herein if, in his or her judgment, the proposed work adheres to specifications contained in this chapter and in the Tree Ordinance guidelines.

C. The person receiving the permit shall abide by all conditions stated on the permit and by the standards established in the Tree Ordinance guidelines.

D. Any tree permit granted shall contain a definite date of expiration. The work shall be completed in the time allowed on the permit, and only in the manner as therein described.

E. Notice of completion shall be given within five days to the City Manager for inspection.

F. Where a tree permit for removal has been denied, the property owner may appeal the decision of the City Manager to the City Manager within 10 days of the denial. The appeal may be heard by an official or designee not involved in the denial of the permit. The decision of the official or designee shall be final within 15 days to the Administrative Board of Appeals or the decision shall be deemed final. The Administrative Board of Appeals shall consider the appeal and the decision of the Board in respect thereto shall be final and conclusive.

Decisions of the Planning Commission are not appealable and are final and conclusive.

Pursuant to Code of Civil Procedure Section 1094.6, any petition for judicial review shall be filed not later than 90 days after the Board or Planning Commission makes its final decision.

The provisions of Section 1094.6 shall apply. The secretary of the Board or the Planning Commission shall notify the appellant that filing a petition for an administrative writ is subject to the 90-day time limitation set forth in Code of Civil Procedure Section 1094.6. § 11.32.060. Resident Petition for Street Tree Removal and Replacement.

A petitionAn application may be presented by citizen action in a given area an adjacent property owner for the removal and replacement of existing City trees in compliance with this chapter, if in the opinion of the petitioners, the trees are undesirable . Applications for removal and replacement of a single tree shall be made to the City Manager. Applications for removal and replacement of more than one tree shall be made to the Planning Commission. The following conditions must be met:

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

1. Zero to 15 trees: 75%.
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5 2. 16 to 25 trees: 80%.

3. 26 trees and over: 85%.

A. The applicant shall agree to one of the following before the application approval is considered:

1. The applicant agrees to replace the tree(s) with a City-approved tree and acknowledges they will care for the establishment of the newly-planted tree(s), or

2. The applicant refuses to replace the tree(s) and pays a fee of $250 per tree for the City to plant replacement tree(s) elsewhere in the City. The fee may be adjusted by the City Council by resolution from time to time. The request does not need to include a reason or statement of safety or undesirability.

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

C. 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.

D. 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. No reapplications will be considered on application denials by the City Manager, Planning Commission or Administrative Board of Appeals for five (5) years after the date of their decision.

E. In that granting requests initiated by petitionsThe approval of applications is discretionary, and each petition application request will be considered individually, and will be determined on the merits of the individual request. Nothing contained in this chapter shall be construed to enable automatic City approval of any application.
§ 11.32.070. Construction and Utility Projects.

The City Manager shall review and approve all plans and City permits for construction, installation, altering, moving, or razing of all buildings, utilities, sidewalks, sewers, or other operations where trees or shrubs, or parts thereof are involved. Plans and permits shall include a tree protection plan that includes the following:

A. Location, species, size, height, canopy, condition of trees, and irrigation infrastructure within the work area.

B. Identification/location of root protection zone for each tree greater than 10 feet diameter four and one-half feet above the average ground level.

C. Identification of trees to be preserved.

D. Identification, description and location of tree protection measures (e.g., fencing, trunk protection, mulch blanket, root barrier, etc.).
§ 11.32.080. Protecting Trees or Shrubs Prior to Construction or Repair.

A. All tree protection measures on an approved plan and/or permit shall be in place and installed 571
6 to the satisfaction of the City Manager, prior to the commencement of any construction activities, including, but not limited to: erecting, altering, repairing, demolishing, trenching, digging, or grading.

B. All building materials, equipment, dirt or other debris shall be kept outside the root protection zone. Tree protection measures shall not be removed unless or until the City Manager authorizes it to be removed.
§ 11.32.090. Protection from Electrical Wiring.

No person shall permit any wire designed to carry electric current to come in contact with any tree or shrub unless protected by methods approved by the City Manager. Further, any person having or maintaining such electric service shall maintain them in such a manner safeguarding the trees and shrubs and shall make periodic adjustments whenever necessary to prevent damage to the trees and shrubs.
§ 11.32.100. Moving Building or Object—Tree Repair, Removal or Replacement Responsibility.

When the moving of any building or object along a public highway will injure, threaten, or necessitate the removal of any tree or shrub on public property, the owner or contractor shall apply for a permit, and if approved shall assume full responsibility for such removal, replacement, repair, or alteration of such trees or shrubs.
§ 11.32.110. Protection Responsibility in Public Places.

It shall be the duty of the person maintaining services or structures in a public highway, park, or public place to assume responsibility for the protection of such facilities during the progress of tree operations deemed necessary by the City Manager provided prior notice has been given said person of the existence of such tree operations.
§ 11.32.120. Compliance with Regulations.

Full compliance with all regulations of the City shall be required in reference to this chapter. § 11.32.130. Enforcement.

A. It shall be the responsibility of the City Manager to see that all the provisions of this chapter are obeyed, and all complaints 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 prosecuted in the name of the City.

B. The City Manager may assign an inspector to supervise the provisions of all permits herein involved, and the cost of such service shall be charged to the person involved. § 11.32.140. Correction Responsibility.

Any person violating any of the provisions of this chapter shall assume full responsibility for the removal, replacement, repair, or alteration of such trees and shrubs according to the specifications deemed necessary by the City Manager.
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7 § 11.32.150. Interference with Authority.

No person shall hinder, prevent, or interfere with the agents or employees of the City while engaged in carrying out the provisions of this chapter. § 11.32.160. Penalties.

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 combination of the civil penalties prescribed by this section. Penalties assessed under this chapter are in addition to and not in lieu of compliance with the requirements of this chapter. The person performing the work, the property owner and the person contracting for the performance shall be jointly and severally liable for any penalty or other enforcement action imposed pursuant to this chapter or other provisions of law on account of work performed in violation of this chapter.

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

1. Failure to plant original or replacement trees in accordance with this chapter shall be subject to a fine of $50.00$250.00 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 time to correct the violation. If the site is not brought into compliance within the time specified in the notice of violation, a civil penalty may be assessed from the date the notice of violation is received. The failure to plant each individual tree shall constitute a separate, daily and continuing violation.

2. Injury or damage to, or destruction of, trees and 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 methods for the loss of the trees and shrubs. However, the maximum civil penalty for each tree injured, damaged or destroyed shall not exceed $20,000.00. No notice of violation is necessary prior to the assessment of a civil penalty issued pursuant to this subsection.

3. Injury or damage to, or destruction of, trees and 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 methods.

However, the maximum amount of the penalty shall not exceed $1,000.00. No notice of violation is necessary prior to the assessment of a civil penalty issued pursuant to this subsection.

4. Failure to install or maintain required tree protection measures in accordance with Sections 11.32.070 and 11.32.080 shall be subject to $1,000.00 fine. No civil penalty shall be assessed until the person has been notified of the violation and given an opportunity within a reasonable time to correct the violation. If the site is not brought into compliance within the time specified in the notice of violation, a civil penalty may be assessed from the date the notice of violation is received. The failure to install the required tree protection measures shall constitute a separate, daily and continuing violation. Injury or damage to, or destruction of, trees in the tree protection zone and tree save area resulting from inadequate or omitted tree protection measures constitutes a separate violation which may subject the violator to any other applicable penalty set 573
8 forth in this section.

5. Any other action that constitutes a violation of this chapter may subject the violator to a civil penalty of $50.00$250.00, and each day of continuing violation shall constitute a separate violation. However, the maximum amount of the penalty shall not exceed $1,000.00.

C. Nonmonetary Penalty. A nonmonetary penalty, in the form of increased or additional planting requirements, may be assessed in addition to or in lieu of any monetary penalties prescribed under this section.
§ 11.32.170. City Council Review.

Where practical difficulties or unnecessary hardships inconsistent with the purposes of this part result from its literal interpretation or enforcement, the City Council may waive, modify, or delay the enforcement of these provisions upon written request of the developer or the property owner, which request shall be in writing and filed with the City Clerk and shall contain any and all facts that are offered in support of said request.
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Item 462/2024
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Omar Sandoval
Dept:

City Manager Dept: City Attorney
Date: 11/12/2024

Subject: Second Reading and Adoption of Ordinance No. 2958 entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE ADDING CHAPTER 8.96 TO TITLE 8 OF THE GARDEN GROVE MUNICIPAL CODE

PERTAINING TO CAMPING ON PUBLIC PLACES AND INTERFERING WITH PUBLIC ACCESS. (Action Item)

Attached for second reading is Ordinance No. 2958 recommended for adoption.

ATTACHMENT(S)

1. Ordinance No. 2958

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ORDINANCE NO. 2958

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE ADDING CHAPTER 8.96 TO TITLE 8 OF THE GARDEN GROVE MUNICIPAL CODE PERTAINING

TO CAMPING ON PUBLIC PLACES AND INTERFERING WITH PUBLIC ACCESS

CITY ATTORNEY SUMMARY

This Ordinance adds Chapter 8.96 to Title 8 of the Garden Grove Municipal Code to prohibit camping, sleeping, storing personal property on public places, or interfering with public access to public places. Public places include locations such as street, alleyway, sidewalk, median, parkway, driveway, right of way, public restroom, public bench, bus bench or bus shelter, park, open spac e, storm drain, public building or parking lot; and may include locations on private property such as within twenty feet of an entrance or exit to any building, establishment, retail store, restaurant, office building or other place into which the public is invited, within twenty feet of an automatic teller machine or any door or entrance that provides access to the automatic teller machine, and within two hundred feet of a public or private school or day care center.

Exceptions to the prohibition include locations where camping events have been permitted or during parades, races or processions along their routes. The ordinance has provisions for the removal of abandoned property on public places.

WHEREAS, it is the obligation of the City to keep the public rights-of-way and public places clean and available for public use and to ensure access by the public to all property, both public and private, by th e disabled, elderly, families, children, and visitors to Garden Grove;

WHEREAS, the public has expressed concern that access to public and private property is being impeded or prevented by the storage of personal items on public places, by people camping on public places, and by people using the public rights of way to sit, sleep and lie down;

WHEREAS, public places, including streets, alleyways, sidewalks, medians, parkways, driveways, bus benches, bus shelters, park s, open spaces, storm drains, public buildings parking lots, and other rights of way are intended for the use and enjoyment of all members of the community and should be maintained in a safe and accessible condition;

WHEREAS, the storage of unattended persona l property on public places creates a safety and security risk to the public because, among other things, it can create a tripping hazard, impact a person's line-of-s ight, and divert limited public resources to evaluate suspicious packages;

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WHEREAS, unauthorized camping in public places can create health and safety risks related to the accumulation of trash, food waste, human waste, and contaminated medical waste;

WHEREAS, the use of public places for camp ing has led to an increase in calls for police, fire, and emergency medical servic es, thereby straining municipal resources and diverting them from other critical areas of need;

WHEREAS, the presence of unauthorized encampments has been associated with increased criminal activity, including thef t, vandalism, damage to property, noise violations, littering, prowling, trespass ing, and drug-related offenses, thereby undermining public health and safety.

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

SECTION 1. Chapter 8.96 is hereby added to Title 8 of the Garden Grove Municipal Code to read as follows:

Chapter 8-96

CAMPING ON PUBLIC PLACES
AND

INTERFERING WITH PUBLIC ACCESS

§ 8.96.010 – Definitions. The following definitions apply to the use of these terms in this chapter:

“Camp” or “Camping” means use of space on public places for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding, cots, beds, sleeping bags, mattresses, or couches for the purpose of sleeping), or storing personal belongings, or using any tents, tarps, hammocks, camp stoves, cooking equipment, buckets, dressers, furniture, shelter or other structure or vehicle for sleeping. The above-listed activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are using the area as a living accommodation regardless of the nature of any other activities in which they may also be engaging.

“Open space” means any public property that is held out by the City or used by the public for passive recreation al purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources.

“Park” means any public property, whether developed or undeveloped, held out by the City or used by the public for active or passive park and recreation 577
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uses, including adjacent buffer lands and natural areas of any adjacent parking lots and perimeter sidewalks.

“Public places” means the locations listed in Section 8.96.020.

§ 8.96.020 – Camping; sleeping; storing personal property; locations prohibited.

A. Camping on public places. It is unlawful for any person to camp in or upon any public property, including any street, alleyway, sidewalk, median, parkway, driveway, right of way, public restroom, public bench, bus bench or bus shelter, park, open space, storm drain, public building or parking lot.

B. Sleeping on public places. No person may sleep on a public street, alleyway, sidewalk, median, parkway, driveway, right of way, public restroom, public bench, bus bench or bus shelter, or in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk, or along any railroad tracks, at any time as a matter of individual and public safety.

C. Interfering with public access. It is unlawful for any person to camp, sleep, lie, or place personal property where such activity:

1. Obstructs or impedes passage, as required by the Americans with Disabilities Act; or

2. Is within twenty feet of an entrance or exit to any building, establishment, retail store, restaurant, office building or other place into which the public is invited; or

3. Is within twenty feet of an automatic teller machine or any door or entrance that provides access to the automatic teller machine; or

4. Is within two hundred fifty feet of a public or private school or day care center; or

5. In a manner that unreasonably interferes with the use of the public right of way by motor vehicles, pedestrians or bicycles.

D. Unattended personal property. No person shall fix in place, store, maintain or leave personal property that is unattended on public property, including any street, alle yway, sidewalk, median, parkway, driveway, right of way, park, open space, bus shelter, storm drain, public building or parking lot.

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Garden Grove City Council
Ordinance No. 2958

4880-8340-6567, v. 2
§ 8.96.030 – Removal and recovery of personal property.

A. The city council may, by resolution, adopt procedures for the removal and recovery of personal property left upon public places where camping is prohibited per Section 8.96.020. Such procedures need not conform to those provided for in subsection (B), below.

B. Absent the city council's adoption of a resolution per subsection (A) above, personal property left upon public places where camping is prohibited for more than twenty-four hours may be removed by the city and may be recovered by the owner for up to ninety days.

C. Abandoned Personal Property.

1. Any personal property or posse ssions located on public property that are unattended and whose owner cannot be readily identified are presumed to be abandoned. Enforcement officers shall make a reasonable effort to ascertain whether the unattended personal property or possessions have been abandoned and, if so, to thereafter cause their removal subject to subdivisions (A) or (B) above.

2. Unattended personal property or possessions that are unsanitary, soiled, spoiled or verminous may be summarily abated and destroyed.

§ 8.96.040 – Exceptions. Section 8.96.020 shall not apply to either of the following:

A. Any event involving camping that is approved or sponsored by the city.

B. Any person camping or maintaining an encampment on public places designated by City Council resolution for such purposes.

C. Any person while viewing a legally conducted parade, race or procession along the parade, race or procession route.

SECTION 2: If any section, 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 th is Ordinance. The City Council hereby declares that it would 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. 579
Garden Grove City Council
Ordinance No. 2958

4880-8340-6567, v. 2
SECTION 3: 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 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
_______________________________

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )

I, LIZABETH VASQUEZ, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was introduced for first reading and passed to second reading on October 22, 2024, with a vote as follows:

AYES: COUNCIL MEMBERS: (7) BRIETIGAM, O’NEILL, DOVINH, KLOPFENSTEIN,

NGUYEN-PENALOZA, TRAN, JONES
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0) NONE

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