AGENDA
Garden Grove City Council
Tuesday, January 13, 2026
6:30 PM
Community Meeting Center
11300 Stanford Avenue
Garden Grove, California 92840
Stephanie Klopfenstein
Mayor
George S. Brietigam
Mayor Pro Tem – District 1
Phillip Nguyen
Council Member – District 2
Cindy Tran
Council Member – District 3
Joe DoVinh
Council Member – District 4
Yesenia Muñeton
Council Member – District 5
Ariana Arestegui
Council Member – District 6
Meeting Assistance: Any person requiring auxiliary aids and services, due to a disability, to address the City Council, should contact the City Clerk's Office 72 hours prior to the meeting to arrange for accommodations. Phone: (714) 741-5040.
Agenda Item Descriptions: Are intended to give a brief, general description of the item. The City Council may take legislative action deemed appropriate with respect to the item and is not limited to the recommended action indicated in staff reports or the agenda.
Documents/Writings: Any revised or additional documents/writings related to an item on the agenda distributed to all or a majority of the Council Members within 72 hours of a meeting, are made available for public inspection at the same time (1) in the City Clerk's Office at 11222 Acacia Parkway, Garden Grove, CA 92840, during normal business hours; (2) on the City's website as an attachment to the City Council meeting agenda; and (3) at the Council Chamber at the time of the meeting.
Public Comments: Members of the public who attend the meeting in-person and would like to address the City Council are requested to complete a pink speaker card indicating their name and address, and identifying the subject matter they wish to address. This card should be given to the City Clerk before the meeting begins. General comments are made during "Oral Communications" and should be limited to matters under consideration and/or what the City Council has jurisdiction over. Persons wishing to address the City Council regarding a Public Hearing matter will be called to the podium at the time the matter is being considered.
Manner of Addressing the City Council: After being called by the Mayor, you may approach the podium, it is requested that you state your name for the record, and proceed to address the City Council. All remarks and questions should be addressed to the City Council as a whole and not to individual Council Members or staff members. Any person making impertinent, slanderous, or profane remarks or who becomes boisterous while addressing the City Council shall be called to order by the Mayor. If such conduct continues, the Mayor may order the person barred from addressing the City Council any further during that meeting.
Time Limitation: When any group of persons wishes to address the City Council on the same subject matter, the Mayor may request a spokesperson be chosen to represent the group, so as to avoid unnecessary repetition. At the City Council's discretion, a limit on the total amount of time for public comments during Oral Communications and/or a further limit on the time allotted to each speaker during Oral Communications may be set.
PLEASE SILENCE YOUR CELL PHONES DURING THE MEETING.
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AGENDA
ROLL CALL: COUNCIL MEMBER NGUYEN, COUNCIL MEMBER TRAN, COUNCIL MEMBER DOVINH, COUNCIL MEMBER MUÑETON, COUNCIL MEMBER ARESTEGUI, MAYOR
PRO TEM BRIETIGAM, MAYOR KLOPFENSTEIN
INVOCATION
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
PRESENTATIONS
1. Community Spotlight recognizing Garden Grove Unified School District for their notable achievements and accomplishments in 2025.
[Item 474/2025]
ORAL COMMUNICATIONS (TO BE HELD SIMULTANEOUSLY WITH OTHER
LEGISLATIVE BODIES)
RECESS
CONDUCT OTHER LEGISLATIVE BODIES' BUSINESS
RECONVENE
CONSENT ITEMS (WILL BE ACTED ON SIMULTANEOUSLY WITH ONE MOTION
UNLESS SEPARATE DISCUSSION AND/OR ACTION IS REQUESTED BY A
COUNCIL MEMBER)
2. Adoption of a Proclamation recognizing January 13, 2026, as Korean American Day in Garden Grove. (Action Item)
[Item 1/2026]
3. Consideration of Final Parcel Map No. PM-2023-191 for the property located at 12681 Haster Street, Garden Grove. (Action Item)
[Item 455/2025]
4. Acceptance of Project No. CP1361000 – Chapman Avenue and Dale Street Water Improvements Project, as complete. (Action Item)
[Item 8/2026]
5. Approval of a Cooperative Agreement with the City of Stanton for street rehabilitation design plans for Western Avenue from Chapman Avenue to Cerritos Avenue. (Action Item)
[Item 477/2025]
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6. Receive and file the minutes from the meetings held on December 10, 2024 and December 9, 2025. (Action Item)
[Item 12/2026]
7. Receive and file warrants. (Action Item)
[Item 6/2026]
8. Approval to waive full reading of ordinances listed. (Action Item) [Item 11/2026]
COMMISSION/COMMITTEE MATTERS
9. Adoption of a Resolution appointing a City Council Member to the Orange County Fire Authority Board of Directors. (Action Item)
[Item 470/2025]
ITEMS FOR CONSIDERATION
10. Award of a contract to Gensler for the development of Architectural and Urban Design Guidelines for Little Saigon. (Cost: $250,000)(Action Item) [Item 461/2025]
11. Award a contract to Civiltec Engineering, Inc. to provide professional engineering services for the Well 29 Restoration Project. (Cost: $687,085.90)(Action Item) [Item 7/2026]
12. Award a contract to American Asphalt South, Inc., for on-call Reclaimed Asphalt Pavement (RAP) slurry seal services, IFB S-1384. (Intial Half Year Cost: Not to exceed $550,000)(Action Item)
[Item 476/2025]
13. Award a contract to Canyon Springs Enterprises for Project No. CP1328000 – Trask Reservoirs Rehabilitation Project. (Cost: $3,751,610)(Action Item) [Item 481/2025]
14. Introduction and First Reading of an Ordinance Approving an Updated Military Equipment Use Policy and Rescinding Ordinance No. 2960, 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 NO. 2960. (Action Item)
[Item 9/2026]
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15. Introduction and First Reading of an Ordinance adding Chapter 2.65 to the Municipal Code to enact standards for public hearing notices and other City communications, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE ADDING CHAPTER 2.65 TO TITLE 2 OF THE GARDEN GROVE MUNICIPAL CODE ENACTING
STANDARDS FOR PUBLIC HEARING NOTICES AND OTHER CITY
COMMUNICATIONS. (Action Item)
[Item 10/2026]
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY MANAGER
ADJOURNMENT
The next Regular Meeting is scheduled for Tuesday, January 27, 2026, at 5:30 p.m. in the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California, 92840.
Happy Early Birthday Council Member DoVinh!
4 Item 1/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Lizabeth Vasquez
Dept: City Manager Dept: City Clerk
Date: 1/13/2026
Subject: Adoption of a Proclamation recognizing January 13, 2026, as Korean American Day in Garden Grove. (Action Item)
OBJECTIVE
For the City Council to adopt a Proclamation recognizing January 13, 2026, as Korean American Day in Garden Grove.
BACKGROUND/DISCUSSION
January 13 is honored annually as Korean American Day in the City of Garden Grove to recognize and celebrate the rich history, culture, and significant contributions of Korean Americans. This date commemorates the arrival of the first Korean immigrants to the United States in 1903. Korean Americans have played an important role in the cultural, civic, and economic vitality of the City of Garden Grove, and this proclamation celebrates their impact and reaffirms the City’s commitment to diversity and inclusion.
FINANCIAL IMPACT
There is no financial impact to adopt the proclamation.
RECOMMENDATION
It is recommended that the City Council:
Adopt a Proclamation recognizing January 13, 2026, as Korean American Day in Garden Grove.
ATTACHMENT(S)
1. Proclamation
5 Proclamation
Korean American Day
January 13, 2026
WHEREAS, On January 13, 2003, United States President George W. Bush proclaimed the centennial anniversary of the first Korean immigrants’ arrival in the United States;
WHEREAS, In 2005, the United States Congress unanimously passed resolutions to recognize Korean Americans who have made significant contributions to economic vitality in the United States. Since then, states across the country have declared January 13 as an annual celebration of Korean American Day;
WHEREAS, January 13, 1903 marks the day the first group of Korean immigrants came to the United States in Honolulu, Hawaii, on the S.S. Gaelic. This year marks the 123rd anniversary of their arrival and the 23rd anniversary of Korean American Day in the United States;
WHEREAS, The United States-Republic of Korea security alliance was established in 1953, following the Korean War armistice and 2026 is the 73rd anniversary of that alliance;
WHEREAS, Today, more than two million Korean Americans call the United States their home, and in Garden Grove, the Korean American community is prominent, vibrant, and deeply valued;
WHEREAS, The Korean American Federation of Orange County and the Korean American Chamber of Commerce of Orange County have been integral in helping many Korean American business owners and residents in Garden Grove become productive and proud citizens;
WHEREAS, The City is proud of the professional and cultural contributions made by Korean American business owners and residents in Garden Grove that have helped enrich our community’s cultural diversity; and WHEREAS, Garden Grove’s 37-year Sister City relationship with Anyang, Republic of Korea was built on mutual respect and admiration for our respective cultures and reflects longstanding ties between the two communities.
NOW, THEREFORE, the Garden Grove City Council does hereby proclaim January 13, 2026 as Korean American Day in Garden Grove, and encourages all to recognize and celebrate the contributions of Korean Americans and the cultural diversity that enriches our community.
January 13, 2026
6 Item 455/2025
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept: City Manager Dept: Public Works
Date: 1/13/2026
Subject: Approval of Final Parcel Map No. PM-2023-191 for the property located at 12681 Haster Street, Garden Grove. (Action Item)
OBJECTIVE
To receive City Council approval for a Final Parcel Map No. PM-2023-191 for the property located at 12681 Haster Street, Garden Grove (between Lampson Avenue and Garden Grove Boulevard).
BACKGROUND
On October 17, 2024, pursuant to Planning Commission Resolution No. 6099-24, the Applicant received approval of Site Plan No. SP-146-2024 and Tentative Parcel Map No. PM2023-191. A copy of Planning Resolution No. 6099-24 is attached.
DISCUSSION
The proposed Final Parcel Map PM-2023-191 will split an existing 3.8-acre parcel into two (2) separate parcels of approximately 2.2 acres and 1.6 acres. Site plan SP-146-2024 proposes to construct a seventy-six (76) unit, four-story multiple-family residential apartment building and associated site improvements on the new, approximately 1.6 acre lot.
The conditions of approval, as well as California state law under the Surveyor’s Act, require the applicant to be responsible for protecting all existing and newly established horizontal and vertical survey controls, monuments, ties (centerline and corner) and benchmarks located within the limits of the project and all new monuments must be set within 365 days of recording the final map as shown on the Surveyor’s Statement of the final map. To guarantee the protection and re-establishment of all the monuments of the subject development, the developer has opted to provide a deposit in the form of cashier’s checks.
Staff has reviewed all of the subdivision documentation mandated by City Ordinances, conditions of approval, and the Subdivision Map Act and finds this map to be in compliance.
The owner has complied with all conditions of the tentative parcel map. 7 Item 455/2025
FINANCIAL IMPACT
There is no financial impact for the City Council to approve for a Final Parcel Map No. PM2023-191 for the property located at 12681 Haster Street, Garden Grove.
RECOMMENDATION
It is recommended that the City Council:
Approve Final Parcel Map No. PM-2023-191 for the property located at 12681 Haster Street, Garden Grove.
By: Kamyar Dibaj, MS, Project Engineer
ATTACHMENT(S)
1. Parcel Map PM-2023-191
2. Planning Commission Resolution 6099-24
8 9
10 11
RESOLUTION NO. 6099-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GARDEN GROVE APPROVING TENTATIVE PARCEL MAP NO. PM-2023-191 AND SITE PLAN NO.
SP-146-2024 FOR A PROPERTY LOCATED ON THE WEST SIDE OF HASTER STREET, BETWEEN LAMPSON AVENUE AND GARDEN GROVE BOULEVARD, AT 12681 HASTER STREET, ASSESSOR’S PARCEL NO. 231-591-02.
BE IT RESOLVED that the Planning Commission of the City of Garden Grove, in a regular session assembled on October 17, 2024, hereby approves Tentative Parcel Map No. PM-2023-191 and Site Plan No. SP-146-2024 for a property located on the west side of Haster Street, between Lampson Avenue and Garden Grove Boulevard, Assessor’s Parcel No. 231-591-02, subject to the conditions of approval attached hereto as Exhibit “A”.
BE IT FURTHER RESOLVED in the matter of Tentative Parcel Map No. PM-2023-191 and Site Plan No. SP-146-2024, the Planning Commission of the City of Garden Grove does hereby report as follows:
1. The subject case was initiated by LPA, Inc., with authorization from the property owner, KHIK Co., LLC.
2. The applicant is requesting approval of: (1) a Tentative Parcel Map to split the existing 3.8-acre property into two (2) separate lots of approximately 2.2 acres, and approximately 1.6 acres, and (2) a Site Plan to construct a seventysix (76) unit, four-story multiple-family residential apartment building and associated site improvements on the new approximately 1.6-acre lot. The proposal includes eight (8) affordable housing units for "very low-income" households, qualifying the project for a 50% density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios, pursuant to the State Density Bonus Law and Garden Grove Municipal Code (GGMC) Section 9.60.040 (collectively, the “Density Bonus Law” or “DBL”). The project has been designed to incorporate certain incentives / concessions and waivers / reductions of development standards pursuant to the DBL.
3. The City of Garden Grove Planning Commission hereby determines that the proposed project is categorically exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Section 15332 (In-Fill Development Projects) of the State CEQA Guidelines (14 Cal. Code Regs., Section 15332). As set forth in the Class 32 exemption, the proposed project is: (1) consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (2) the proposed development occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses; (3) the project site has no value as habitat for endangered, rare or threatened species; (4) approval of the project would not result in any significant effects 12 Resolution No. 6099-24 Page 2
relating to traffic, noise, air quality or water quality; and (5) the site can be adequately served by all required utilities and public services. The project is therefore exempt from CEQA review.
4. The property has a General Plan Land Use designation of MDR (Medium Density Residential) and is zoned R-3 (Multiple-Family Residential). The site is currently developed with a convalescent center, Garden Park Care Center.
5. Existing land use, zoning, and General Plan designation of property in the vicinity of the subject property have been reviewed.
6. Report submitted by the City staff was reviewed.
7. Pursuant to a legal notice, a public hearing was held on October 17, 2024, and all interested persons were given an opportunity to be heard.
8. The Planning Commission gave due and careful consideration to the matter during its meeting on October 17, 2024.
BE IT FURTHER RESOLVED, FOUND AND DETERMINED that the facts and reasons supporting the conclusion of the Planning Commission, as required under Municipal Code Section 9.04.030 are as follows:
FACTS:
The project site is an approximately 164,811.72 square-foot (3.8-acre) lot, located on the west side of Haster Street, between Lampson Avenue and Garden Grove Boulevard, at 12681 Haster Street, which is currently improved with a residential care facility. The proposed Tentative Parcel Map would split the existing 3.8-acre parcel such that the proposed apartment development and existing residential care facility would be on separate parcels, of approximately 1.6 acres, and 2.2 acres, respectively.
The subject site has a General Plan Land Use designation of MDR (Medium Density Residential), and is zoned R-3 (Multiple-Family Residential). To the north, the property abuts R-3 and O-S (Open Space) zoned properties. To the west, the property abuts an O-S zoned property. To the south, the property abuts R-1 (SingleFamily Residential) zoned properties. Lastly, to the east, the property is adjacent to R-3 and R-1 properties, across Haster Street. Surrounding uses include the Haster Basin Recreation Area, and single-family and multiple-family residential developments
The subject site is currently improved with a single-story, residential care facility, Garden Park Care Center, that was originally constructed in 1962. The existing care facility operation will largely remain unchanged as a part of this request. Following the subdivision under Tentative Parcel Map No. PM-2023-191, the care facility would 13 Resolution No. 6099-24 Page 3
be located upon its own property. Only an existing ancillary building would be removed, and parking lot improvements would be required to accommodate the proposed project. Each lot would provide its own respective parking areas along with separate vehicular and pedestrian access to Haster Street.
On the newly created Parcel 1, the applicant is proposing seventy-six (76) multiplefamily apartment units. Other site features include, but are not limited to: a parking lot, drive aisles, walkways, garden spaces, and recreation areas to be shared amongst the units. With the inclusion of eight (8) affordable housing units for “very lowincome” households, pursuant the DBL, the project qualifies for a density bonus of up to 50% over the base density, reduced parking ratios, and the following three (3) incentives / concessions of development standards set forth in the Garden Grove Municipal Code (GGMC):
1. An incentive / concession to reduce the interior side setback at the first, second, third and fourth floors from the required ten feet (10’-0”) and fifteen feet (15’-0”), to a minimum nine feet (9’-0”) (GGMC Section 9.12.040.020.A); and,
2. An incentive / concession to increase the maximum building height and maximum stories from the maximum thirty-five feet (35’-0”) and three (3) stories to a maximum forty feet (40’-0”) and four (4) stories (GGMC Section
9.12.040.020.A).
3. An incentive / concession to reduce the required number of parking spaces provided from 103 to eighty-two (82) (DBL).
Pursuant to the proposed Conditions of Approval, an Affordable Housing Regulatory Agreement consistent with the DBL and Section 9.60.050 of the GGMC would be recorded to ensure affordability of the eight (8) “very low-income” units for the occupants of said units for a period of fifty-five (55) years.
No existing residential units will be demolished to accommodate development of the proposed project. Therefore, the replacement housing and tenant protection provisions of Government Code Section 66300.6 do not apply.
FINDINGS AND REASONS:
SITE PLAN (HOUSING DEVELOPMENTS)
1. The proposed development project is consistent, in compliance, and in conformity with the applicable, objective standards, provisions, conditions or requirements of the General Plan, Title 9, and other applicable ordinances or policies of the City.
14 Resolution No. 6099-24 Page 4
The proposed project includes construction of a four-story, seventy-six (76) unit residential apartment development that includes eight (8) affordable housing units for "very low-income" households, along with associated site improvements. The existing residential care facility will remain largely unchanged, with only proposed changes to its parking lot, driveway access, and the demolition of an ancillary building. The subject site has a General Plan Land Use designation of MDR (Medium Density Residential), and is zoned R-3 (Multiple-Family Residential). The MDR Land Use Designation is intended to create, maintain and enhance residential areas characterized by mostly traditional multiple-family apartments, condominiums, townhomes, and single-family small-lot subdivisions. The MDR is implemented by the R-3 zone, which allows residential developments with densities of up to thirty-two (32) units per acre. Pursuant to the Density Bonus Law (DBL), the project is entitled to a density bonus of 50%, reduced parking ratios, three (3) incentives or concessions, and waivers or modifications of development standards. With the exception of the development standards proposed to be waived or modified pursuant to the DBL, the proposed project complies with all applicable objective development standards and provisions of the General Plan and GGMC. The project has also been reviewed by the Public Works Department, and either complies with, or has been conditioned to meet, all applicable Public Works design requirements. The proposed Project is also consistent with the goals and policies of the General Plan Land Use Element and Housing Element, including the following:
Policy LU-1.3: Support the production of housing citywide that is affordable to lower- and moderate-income households consistent with the policies and targets set forth in the Housing Element. As proposed, the subject project would include eight (8) “very low-income” affordable residential units. The inclusion of the units would contribute to meeting the City’s Regional Housing Needs Allocation (RHNA). Additionally, the units would be consistent with Housing Element policies encouraging the development of lower-income residential units.
Goal LU-2: Stable, well-maintained residential neighborhoods in Garden Grove. The proposed project would incorporate new driveways and parking areas, landscaping, pedestrian walkways, and other site features that can help create more attractive residential neighborhoods. Additionally, the existing residential care facility would also receive a new parking lot configuration and associated site improvements. As proposed, the project would ensure the proper upkeep of both sites, which could be a benefit to the neighborhood as a whole. Conditions of Approval have been incorporated to help ensure proper maintenance of the property. With adherence to the Conditions of Approval, the project could contribute to the stability of the adjacent residential neighborhood.
15 Resolution No. 6099-24 Page 5
Policy LU-2.4: Assure that the type and intensity of land use shall be consistent with that of the immediate neighborhood. The adjacent properties consist of single-family residential dwellings and multiple-family residential developments. The properties abutting the project site are zoned R-1 (SingleFamily Residential), R-3 (Multiple-Family Residential), and/or O-S (Open Space). Surrounding uses include the Haster Basin Recreation Area, and single-family and multiple-family residential developments. The proposed seventy-six (76) unit project was reviewed and determined to be within the allowed density under the DBL, and in compliance with the R-3 zone development standards of the GGMC, with the exception of the proposed concessions and incentives. By developing apartment units in an area already developed with multiple-family developments, the proposed project would be consistent with the type and intensity of land use of the immediate neighborhood. Additionally, the existing residential care facility to maintain would continue to meet the development standards of the R-3 zone.
Policy LU-3.2: Support development of multi-family housing that provides a diversity of densities, types, and prices that meet the needs of all household income levels. The subject project is allowed a maximum base density of thirty-two (32) units per acre, which yields fifty-one (51) units for a 1.6-acre lot. The project is proposing eight (8) “very low-income” affordable units, allowing for a 50% density bonus. The project would provide a total of seventy-six (76) units. Of the proposed units, sixty-eight (68) would be “above moderate-income” residential units, and eight (8) would be “very lowincome” residential units. With the inclusion of both types of units, the project would provide for multiple income levels.
Policy LU-3.3: Encourage developers to build housing projects at or above maximum allowable densities. The DBL requires all fractional units for affordable housing projects to be rounded up to the next whole number. In this case, the maximum base density is thirty-two (32) units per acre, yielding a base density of 50.56 units. Based upon DBL, it would be rounded up to fifty-one (51) units. The project is proposing seventy-six (76) units, exceeding the maximum allowable density permitted in the R-3 zone, in accordance with State Law.
Goal LU-4: Uses compatible with one another. The project is located in a neighborhood that consists of both single-family and multiple-family residential developments. The properties abutting the project site are zoned R-1 (Single-Family Residential), R-3 (Multiple-Family Residential), and/or O-S (Open Space). Surrounding uses include the Haster Basin Recreation Area, and single-family and multiple-family residential developments. The proposed project would include seventy-six (76) apartment units. By developing apartment units in an area already developed with multiple-family developments, the proposed project would be consistent with the development pattern of the surrounding neighborhood.
16 Resolution No. 6099-24 Page 6
Policy H-2.1: Preserve and expand the City’s supply of affordable rental and ownership housing for lower-income households. As proposed, the subject project would include eight (8) “very low-income” affordable residential units.
The inclusion of the “very low-income” units helps increase the City’s stock of affordable residential rental units. An Affordable Housing Regulatory Agreement consistent with the DBL and GGMC Section 9.60.050 would be recorded to ensure affordability of the very low-income unit for the occupant(s) of said unit.
Policy H-2.3: Provide density bonuses and other financial and regulatory incentives to facilitate the development of affordable housing. In exchange for providing eight (8) affordable units for “very low-income” households, the project is being granted a density bonus and incentives/concessions to deviate from certain R-3 zone development standards pursuant to the DBL.
Policy H-3.7: Encourage infill housing development that is compatible in character with established residential neighborhoods. The subject property is surrounded on all sides by urban land uses, including the Haster Basin Recreation Area, single-family residential dwellings, and multiple-family residential developments. The proposed project would construct seventy-six (76) residential apartment units and associated site improvements. The proposed project has been designed to limit impacts on the adjacent uses. The upper floors of the proposed units have been designed to minimize views, and limit shade and shadow impacts onto adjacent residential properties. The overall scale and design of the project has been oriented in a way such as to be less impactful on the surrounding uses. Therefore, the infill project would be consistent with the character of these surrounding uses.
2. The provisions of the California Environmental Quality Act have been complied with.
The proposed development is exempt from the California Environmental Quality Act (“CEQA”), pursuant to Section 15332 (In-Fill Development Projects) of the CEQA Guidelines (14 Cal. Code Regs., Section 15332). As set forth in the Class 32 exemption, the proposed project is: (1) consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (2) the proposed development occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses; (3) the project site has no value as habitat for endangered, rare or threatened species; (4) approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality; and (5) the site can be adequately served by all required utilities and public services. Therefore, the provisions of the California Environmental Quality Act have been complied with.
17 Resolution No. 6099-24 Page 7
3. The proposed development project will not have specific, adverse impacts, as defined in subdivision (j)(1)(A) of Government Code Section 65589.5, on public health and safety without any feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval of the proposed project.
The proposed seventy-six (76) unit residential development would not have specific, adverse impacts on the public health and safety. The proposed project is at a density allowed pursuant to the DBL, is compatible with surrounding uses, is similar in scale to the adjoining neighborhood, and is consistent with the land use type and intensity in the immediate neighborhood.
TENTATIVE PARCEL MAP
1. That the proposed map is consistent with the General Plan.
The proposed project includes construction of a four-story, seventy-six (76) unit residential apartment development that includes eight (8) affordable housing units for "very low-income" households, along with associated site improvements. The existing residential care facility will remain largely unchanged, with only proposed changes to its parking lot, driveway access, and the demolition of an ancillary building. The proposed Tentative Parcel Map No. PM-2023-191 would split the existing 3.8-acre property such that the proposed apartment development and existing residential care facility would be on separate parcels, of 1.6 acres, and 2.2 acres, respectively. The subject site has a General Plan Land Use designation of MDR (Medium Density Residential), and is zoned R-3 (Multiple-Family Residential). The MDR Land Use Designation is intended to create, maintain and enhance residential areas characterized by mostly traditional multiple-family apartments, condominiums, townhomes, and single-family small-lot subdivisions. The proposed project is also consistent with goals and policies of the City’s General Plan, including the following:
Policy LU-2.2: Strive to provide a diverse mix of housing types, along with uniformly high standards of residential property maintenance to preserve residents’ real estate values and their high quality of life. The proposed development of seventy-six (76) apartment units, facilitated through the Tentative Parcel Map, would add to the mix of diverse housing types in the immediate neighborhood. The proposed development will ensure maintenance of all common areas, such as the private drive areas, the common recreation area, and perimeter landscaping, which will be the responsibility of the management company to ensure its proper appearance. Furthermore, the project will contribute to meeting the City’s Regional Housing Needs Allocation (RHNA), as well as the Housing Element policies.
18 Resolution No. 6099-24 Page 8
Policy LU-2.4: Assure that the type and intensity of land use shall be consistent with that of the immediate neighborhood. The project is located in a neighborhood that consists of both single-family and multiple-family residential developments. The properties in the direct vicinity of the project site are zoned O-S (Open Space), R-1 (Single Family Residential), and R-3 (Multiple-Family Residential). The R-3 zoning of the subject site is intended to provide for a variety of types and densities of multiple-family residential dwellings. Surrounding uses include the Haster Basin Recreation Area, and single-family and multiple-family residential developments. Therefore, the project, facilitated through the Tentative Parcel Map, would meet the intent of the zoning by providing multiple-family residential dwellings in an area currently developed with a variety of housing types and densities. In addition, the project would also maintain the existing residential care facility, which would also be consistent with the R-3 zoning standards, and the surrounding neighborhood.
Goal LU-4: The City seeks to develop uses that are compatible with one another. The project is located in a neighborhood that consists of both singlefamily and multiple-family residential developments. The properties in the direct vicinity of the project site are zoned O-S (Open Space), R-1 (Single Family Residential), and R-3 (Multiple-Family Residential), and have Open Space, Low Density Residential, and Medium Density Residential General Plan land use designations, respectively. Surrounding uses include the Haster Basin Recreation Area, and single-family and multiple-family residential developments. Thus, the proposed project, facilitated through the Tentative Parcel Map, would similar both in land use intensity and physical scale of the adjoining residential neighborhood. Therefore, the proposed housing project, and the existing residential care facility to remain, would be consistent with the development pattern of the surrounding residential uses.
Policy LU-4.1: Locate higher-density residential uses within proximity of commercial uses to encourage pedestrian traffic, and to provide a consumer base for commercial uses. The site is located within a primarily residential neighborhood characterized, with nearby access to commercial uses at the intersection of Haster Street and Garden Grove Boulevard to the south, and the intersection of Haster Street and Lampson Avenue to the north. The construction of the new residential units, facilitated via the Tentative Parcel Map, would increase the local population and add to the consumer base for commercial services within the immediate neighborhood.
2. That the design and improvement of the proposed subdivision is consistent with the General Plan.
The subject site has a General Plan land use designation of MDR (MediumDensity Residential). The applicant is requesting Tentative Parcel Map No.
PM-2023-191 approval to subdivide the existing property for the purpose of 19 Resolution No. 6099-24 Page 9
developing the site with seventy-six (76) residential rental units, and also maintain an existing residential care facility. The MDR land use designation is intended to create, maintain, and enhance residential areas characterized by mostly traditional multiple-family apartments, condominiums, townhomes, and single-family small-lot subdivisions. The proposed project is consistent with this intent, as there are multiple-family developments across Haster Street to the east. Additionally, care facilities are also permitted in the R-3 zone. With the approval of Site Plan No. SP-146-2024, the proposed Tentative Parcel Map No. PM-2023-191 would be in conformance with the City’s General Plan, the City’s Subdivision Ordinance, the Municipal Code requirements, and the State’s Subdivision Map Act.
3. That the site is physically suitable for the proposed type of development.
The site is physically suitable for the type of development proposed by the developer and complies with the MDR General Plan land use designation. The
1.6-acre site would consist of seventy-six (76) rental apartment units, as requested pursuant to the DBL. The residential care facility would be located on an approximately 2.2-acre site. The proposed project has been designed in a manner that would be compatible with the surrounding neighborhood.
Following the subdivision of the property via the Tentative Parcel Map, the site would be able to accommodate said seventy-six (76) units and care facility, along with associated circulation, parking, landscaping, recreation areas, setbacks, and other design features. Therefore, the property is sufficient in size to accommodate the proposed development.
4. That the requirements of the California Environmental Quality Act have been satisfied.
The proposed development is exempt from the California Environmental Quality Act (“CEQA”), pursuant to Section 15332 (In-Fill Development Projects) of the CEQA Guidelines (14 Cal. Code Regs., Section 15332). As set forth in the Class 32 exemption, the proposed project is: (1) consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (2) the proposed development occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses; (3) the project site has no value as habitat for endangered, rare or threatened species; (4) approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality; and (5) the site can be adequately served by all required utilities and public services. Therefore, the provisions of the California Environmental Quality Act have been complied with.
20 Resolution No. 6099-24 Page 10
5. That the site is physically suitable for the proposed density of the development.
The proposed Tentative Parcel Map would split the existing 3.8-acre property such that the proposed apartment development and residential care facility would be on separate parcels. The resulting apartment property (Parcel 1) would be approximately 1.6 acres. The residential care facility property (Parcel 2) would be approximately 2.2 acres. Following the subdivision of the property, Parcel 1 would be developed with a seventy-six (76) unit apartment development, with associated site improvements.
By providing eight (8) “very low-income” units, and pursuant to the DBL, the project is entitled to a density bonus of 50%, reduced parking ratios, three (3) incentives or concessions, and waivers or modifications of development standards. With the exception of the development standards proposed to be waived or modified pursuant to the DBL, the proposed project complies with all applicable objective development standards and provisions of the General Plan and GGMC. Furthermore, the existing care facility would continue to meet all of the applicable R-3 development standards. Therefore, the site is physically suitable for the density of the proposed project.
6. That the design of the subdivision and the proposed improvements are not likely to cause serious public health problems.
The design of the subdivision and the proposed residential improvements are not likely to cause serious public health problems. Additionally, certain conditions of approval will be in place to further safeguard public health. The proposed subdivision has been designed to comply with the intent of the MDR General Plan land use designation, and the R-3 (Multiple-Family Residential) zoning. City Departments, including the Traffic Division, Water Division, Engineering Division and the Planning Services Division, and the Orange County Fire Authority (OCFA) have reviewed the proposed development and have applied conditions of approval to minimize potential impacts that the project may have on the community, including public health.
7. That the design of the subdivision and the proposed improvements will not conflict with easements of record or easements established by court judgment acquired by the public at large for access through or use of property within the proposed subdivision; or, if such easements exist, that alternate easements for access or for use will be provided, and that these will be substantially equivalent to the ones previously acquired by the public.
The design of the proposed tentative parcel map and improvements would not conflict with easements of record, or easements established by court judgment acquired by the public at large for access through or use of property within the proposed subdivision. The project has been designed to avoid development over existing easements.
21 Resolution No. 6099-24 Page 11
8. That the design and improvement of the proposed subdivision are suitable for the uses proposed, and the subdivision can be developed in compliance with the applicable zoning regulations.
The proposed Tentative Parcel Map No. PM-2023-191 would split the existing
3.8-acre property such that the proposed apartment development and the existing residential care facility would be on separate parcels. The resulting apartment property (Parcel 1) would be approximately 1.6 acres. The residential care facility property (Parcel 2) would be approximately 2.2 acres.
Following the subdivision of the property, both the existing care facility, and the proposed apartments, with the exception of the proposed incentives / concessions, would meet the development standards of the Municipal Code.
Therefore, the design and improvement proposed for both properties would be suitable for the proposed uses, and would be compliant with the applicable standards of the R-3 zone. This would include, but not be limited to: setbacks, parking, lot coverage, and landscaping provisions.
9. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision.
To the greatest extent feasible, the subject project has been designed in accordance with Government Code Section 66473.1. This includes opportunities to allow for passive or natural heating opportunities in the design, to encourage the orientation of structures to take advantage of shade and prevailing breezes, to allow solar access for passive heating, and opportunities for placement of shade trees and other vegetation for cooling.
10. That the design, density and configuration of the subdivision strikes a balance between the effect of the subdivision on the housing needs of the region and of public service needs that the character of the subdivision is compatible with the design of existing structures.
The proposed Tentative Parcel Map No. PM-2023-191 would split the existing
3.8-acre property such that the proposed apartment development and existing residential care facility would be on separate parcels, of 1.6 acres, and 2.2 acres, respectively. The project has been reviewed in relation to the housing needs and goals of the City, and is compatible with the existing developments in the immediate vicinity. The proposed development would increase the number of residential units, and further the goals of the Housing Element of the General Plan. The proposed subdivision would allow for the proposed apartment development, whilst still maintaining the existing residential care facility.
22 Resolution No. 6099-24 Page 12
11. That the lot sizes of the subdivision are substantially the same as the lot sizes within the general area.
The proposed Tentative Parcel Map No. PM-2023-191 would split the existing
3.8-acre property such that the proposed apartment development and existing residential care facility would be on separate parcels, of 1.6 acres, and 2.2 acres, respectively. The proposed subdivision would allow for the development of the proposed seventy-six (76) unit apartment development, and maintain the existing care facility. The proposed subdivision would result in property sizes that would be approximately the same size as the multiple-family developments along Haster Street and Lampson Avenue, in the vicinity of the project, and meet the minimum lot size requirements of the Municipal Code.
12. The subject property is not located within a state responsibility area or a very high fire hazard severity zone, the proposed subdivision is served by local fire suppression services, and the proposed subdivision meets applicable design, location, and ingress-egress requirements.
The subject property is not located within a state responsibility area or a very high fire hazard severity zone. Orange County Fire Authority (OCFA) has reviewed the proposed subdivision, and found that the project will be adequately served by local fire suppression services, and the proposed subdivision meets applicable design, location, and ingress-egress requirements. Furthermore, the project has been conditioned to comply with all OCFA requirements relating to fire suppression services, and emergency access.
13. The discharge of waste from the proposed subdivision into the existing sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. The conditions of approval for on- and off-site improvements will ensure permitted capacity of the public sewer system is not exceeded.
The Public Works Department has reviewed the project and has not found any violations of the California Regional Water Quality Control Board requirements.
The Public Works Department has also reviewed the project for compliance with existing sewer capacity and found that the project will not exceed the capacity. All appropriate conditions of approval have been incorporated to minimize any adverse impacts to the existing public sewer system.
NO NET LOSS (GOVERNMENT CODE SECTION 65863) FINDINGS
1. If approval of the proposed Project will result in development of the Site at a lower residential density, the reduction in residential density is consistent with the adopted General Plan, including the Housing Element. 23 Resolution No. 6099-24 Page 13
The project site is comprised of a parcel with a gross acreage of approximately
3.8 acres (69,092 square feet). The subject site has a General Plan Land Use designation of Medium Density Residential (MDR), and is zoned Multiple-Family Residential (R-3). The parcel is identified in the City’s Housing Element Sites Inventory List with a realistic capacity of 103 “moderate-income” units. The proposed project consists of eight (8) “very low-income” units, and sixty-eight (68) “above moderate-income” units. The MDR Land Use designation is intended to create, maintain and enhance residential areas characterized by mostly traditional multiple-family apartments, condominiums, townhomes, and single-family small-lot subdivisions, and densities of up to thirty-two (32) units per acre.
Following the proposed Tentative Parcel Map, the project would be providing seventy-six (76) units on the proposed 1.6-acre Parcel 1. Pursuant to Density Bonus Law, the project would obtain a density bonus to exceed the maximum allowed density in the R-3 zone, to forty-eight (48) units per acre, or seventyseven (77) units. Although the proposed project will provide fewer “moderateincome” units than identified in the City’s Housing Element Sites Inventory List, the proposed project will not result in a lower residential density than allowed by the adopted General Plan. Moreover, the proposed project is also consistent with several goals and policies of the General Plan Land Use and Housing Elements, as noted in the findings above.
2. The remaining sites identified in the housing element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to Government Code Section 65584; or, if not, the City has, or will within 180 days, identify and make available additional adequate sites to accommodate the City’s share of the regional housing need by income level.
The City’s 6th Cycle RHNA requires the City to plan for 19,168 housing units for all income levels. A component of preparing the City’s Housing Element is the identification of vacant and underutilized sites suitable for residential development, and an evaluation of the housing development potential of these sites in fulfilling the City’s RHNA. The project site is on the City’s Housing Element Sites Inventory List with a realistic capacity of 103 “moderate-income” units.
The proposed project consists of eight (8) “very low-income” units and sixtyeight (68) “above moderate-income” units. With the proposed project providing fewer moderate-income units than shown in the Housing Element sites inventory, the City must determine whether the remaining Housing Element inventory sites have sufficient capacity to accommodate the City’s remaining unmet RHNA by income level if the project is approved as proposed.
Staff has evaluated the housing projects that have been permitted or approved during the current planning period, or which are otherwise not accounted for 24 Resolution No. 6099-24 Page 14
in the Housing Element site analysis, and has determined that the remaining sites identified in the sites inventory have sufficient capacity to accommodate the City’s remaining unmet RHNA need for each income level.
At the time the Housing Element was prepared and adopted, the City’s unmet RHNA was calculated to be 18,208 units, broken down as follows: 6,567 “lowand very low-income” units, 3,087 “moderate-income” units, and 8,554 “above moderate-income” units. The sites identified in the certified adopted Housing Element were determined adequate to accommodate a total of 19,239 units, including 442 more units than the City’s unmet RHNA in the “low- and very low-income” categories, 207 more units than the City’s unmet RHNA for the “moderate-income” category, and 382 more units than the City’s unmet RHNA for the “above moderate-income” category. Overall, the sites inventory in the adopted Housing Element reflected a total capacity surplus of 1,031 units.
After accounting for permitted and entitled units since the beginning of the 6th RHNA cycle, October 15, 2021, and the seventy-six (76) units in the proposed project, the City’s total remaining unmet RHNA would be 16,657 units, broken down as follows: 6,543 “low- and very low-income” units, 3,084 “moderate-income” units, and 7,030 “above-moderate income” units. The remaining capacity of the sites identified in the Housing Element would be 18,774 units, resulting in a total capacity surplus of 2,117 units. The remaining sites are also adequate to accommodate a surplus of “low- and very low-income” units (329), “moderate-income” units (16), and “above moderate-income” units (1,772). Due to this surplus, the overall residential capacity on sites identified in the Housing Element will still be sufficient to accommodate the City’s total remaining unmet RHNA if the proposed project is approved.
INCORPORATION OF FACTS AND FINDINGS SET FORTH IN STAFF REPORT In addition to the foregoing, the Planning Commission incorporates herein by this reference, the facts and findings set forth in the staff report.
BE IT FURTHER RESOLVED that the Planning Commission does conclude:
1. The Tentative Parcel Map and Site Plan possess characteristics that would justify the request in accordance with Municipal Code Section 9.60.020 (Review of Housing Development Projects) and Section 9.40.060 (Tentative Maps – Findings Required).
2. In order to fulfill the purpose and intent of the Municipal Code and thereby promote the health, safety, and general welfare, the attached Conditions of Approval (Exhibit “A”) shall apply to Tentative Parcel Map No.
PM-2023-191 and Site Plan No. SP-146-2024.
25 Resolution No. 6099-24 Page 15
Adopted this 17th day of October 2024
ATTEST: /s/ JOSH LINDSAY
CHAIR
/s/ LIZ VASQUEZ _____
RECORDING SECRETARY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
I, LIZ VASQUEZ, Secretary of the City of Garden Grove Planning Commission, do hereby certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Garden Grove, California, at a meeting held on October 17, 2024, by the following vote:
AYES: COMMISSIONERS: (7) BEARD, CUEVA, CUNNINGHAM, LARICCHIA,
LINDSAY, PAREDES, RAMIREZ
NOES: COMMISSIONERS: (0) NONE
ABSENT: COMMISSIONERS: (0) NONE
/s/ LIZ VASQUEZ
RECORDING SECRETARY
PLEASE NOTE: Any request for court review of this decision must be filed within 90 days of the date this decision was final (See Code of Civil Procedure Section 1094.6).
A decision becomes final if it is not timely appealed to the City Council. Appeal deadline is November 7, 2024.
26 Item 8/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Samuel Kim
Dept: City Manager Dept: Public Works
Date: 1/13/2026
Subject: Acceptance of Project No. CP1361000 – Chapman Avenue and Dale Street Water Improvements Project, as complete. (Action Item)
OBJECTIVE
For the Garden Grove City Council to accept Project No. CP1361000 – Chapman Avenue and Dale Street Water Improvements Project as complete, and authorize the City Manager to execute the Notice of Completion of Public Improvements and Work.
BACKGROUND
The City’s 2020 Water Master Plan Update had identified 228 miles of AC pipeline installed in the 1950s to be replaced under the Water Main Replacement Program, as these pipes are nearing the end of their design useful life. At the same time, the Master Plan recommends that the City target smaller diameter mains in its replacement program and prioritize areas with lowest fire flow availability.
In considering the above criteria, the Chapman Avenue and Dale Street Water Improvements Project area was selected. The project consisted of constructing new 8 - inch water mains and abandoning existing undersized 4 and 6-inch AC water mains in the unincorporated area of Orange County. The entire project included approximately 9,800 linear feet of 8-inch Polyethylene Pipe (PVC). The scope of work also includes furnishing fittings and appurtenances, trenching, shoring, backfilling, compaction, asphalt repair & replacement, street replacement, and pipe disinfection and testing. It includes the construction of approximately 19 fire hydrant assemblies, 208 water service connections and three (3) connections to the existing water system.
DISCUSSION
The contractor, All Cities Engineering, Inc., has completed this project in accordance with the plans, specifications and other contract documents.
27 Item 8/2026
FINANCIAL IMPACT
There is no financial impact to accept Project No. CP1361000 as complete. The project was funded with Water Enterprise Funds. The retention payment will be released after expiration of the statutory period after recordation of the Notice of Completion with the County of Orange.
RECOMMENDATION
It is recommended that the City Council:
Accept Project No. CP1361000 – Chapman Avenue and Dale Street Water Improvements Project, as complete;
Authorize the City Manager, or designee, to execute the Notice of Completion of Public Improvement and Work; and
Authorize the Finance Director to release the retention payment when appropriate to do so.
By: Carina Dan, E.I.T., Associate Engineer
ATTACHMENT(S)
1. Notice of Completion_CP1361000
28 RECORDING REQUESTED BY
When Recorded Mail To:
City ClerkCity of Garden Grove
P. 0. Box 3070
Garden Grove, CA 92842
NOTICE OF COMPLETION
OF PUBLIC IMPROVEMENT AND WORK
NOTICE IS HEREBY GIVEN that the Garden Grove City Council, Orange County, California, has caused a public improvement, to wit:
PROJECT NO. CP1361000
CHAPMAN AVENUE AND DALE STREET WATER IMPROVEMENTS PROJECT to be constructed upon the property hereinafter described. The contract for furnishing of all plant, labor, services, materials, and equipment, and all utilities and transportation, including power, fuel, and water, and performing all work necessary to construct and complete, in a good and workmanlike manner in strict accordance with the specifications, plans, and drawings therefore onfile in the office of the City Clerk of the City of Garden Grove, for the construction, installation and completion of the above-described public improvement and work, was heretofore made and entered into with ALL CITIES ENGINEERING, INC, on the 22nd day of October, 2024, and filed for record in the office of the City Clerk of the City of Garden Grove; that the work upon said public improvement has been completed, and that the City Engineer has notified the City Council that hehas made and completed a final inspection of the materials furnished and installed and the workperformed in the construction, installation, and completion of said public improvementhereinabove more particularly described and set forth, and has certified in writing to the City Council that all the provisions of the contract and contract documents for the furnishing of all plant, labor, services, materials, and equipment, and the performing of all work necessary for the construction, installation, and completion of said public improvement above described have been fully complied with to his satisfaction as required by the contract document; that final acceptance of the construction, installation, and completion of said public improvement above described was made on the 17th day of August 2025; that the nature of the title to said property of said CityCouncil is as follows: That is to say, it owns said public improvement in fee except theright-of-way upon which it is constructed, and that it owns an easement upon, over, and along said right-of-way for the purpose of the construction, installation, and completion of said public improvement hereinabove described and the use thereof after said completion; that the propertyhereinabove referred to and on which said public improvement is situated is described as follows, to wit:
PROJECT NO. CP1361000
CHAPMAN AVENUE AND DALE STREET WATER IMPROVEMENTS PROJECT 29 NOTICE OF COMPLETION
PROJECT NO CP1361000 - CHAPMAN AVENUE AND DALE STREET WATER IMPROVEMENTS
PROJECT
January 13,2026
DATED this
Nationwide Mutual Insurance Company
534 E. Badillo St.Covina,CA91723
Tel No. (626) 859-1000
day of 20
GARDEN GROVE CITY COUNCIL
ATTEST:
By
City Manager of the Garden Grove
City Council
Secretary of Garden Grove City CouncilSTATE OF CALIFORNIA
COUNTY OF ORANGE
I am the Public Works Director of the City of Garden Grove.I have read the foregoing Notice of Completion of Public Improvement and Work, and know the contents thereof; and I certify that the same is true of my own knowledge, except as to those matters, which are therein stated upon my information or belief, and as to those matters I believe to be true.
I certify (or declare), under penalty of perjury, that the foregoing is true and correct.
Executed on at Garden Grove , California
(Date) (Place)
V '•
'Wimai^ P !%rrayTP. E.
Public Works Director
-^ \NQ^\
30 Item 477/2025
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Samuel Kim
Dept: City Manager Dept: Public Works
Date: 1/13/2026
Subject: Approval of a Cooperative Agreement with the City of Stanton for street rehabilitation design plans for Western Avenue from Chapman Avenue to Cerritos Avenue. (Action Item)
OBJECTIVE
For City Council to approve the Cooperative Agreement between the City of Stanton and the City of Garden Grove for the design of Western Avenue from Chapman Avenue to Cerritos Avenue and to authorize the City Manager to execute the agreement.
BACKGROUND
The City of Stanton is preparing to hire Engineering Resources of Southern California, Inc. (ERSC) to develop the street rehabilitation design plans for Western Avenue, from Chapman Avenue to Cerritos Avenue. Stanton has offered to include the City of Garden Grove’s portion in its project and approximately one-fifth of the work lies within Garden Grove.
This proposed agreement covers design costs of Garden Grove's portion of the project with the City of Stanton serving as the lead agency.
DISCUSSION
Representatives for City of Stanton and City of Garden Grove, in consultation with their respective City Attorneys have prepared the attached cooperative agreement. This proposed agreement covers the design costs related to those portions of Western Avenue that lie within the City of Garden Grove. Also included in the agreement is the inclusion of the City of Garden Grove’s design plans for Lincoln Way, a 785’ cul-de-sac that intersects Western Avenue near the City’s northerly limit, into the proposed bid package for the proposed project.
Staff has reviewed ERSC’s estimate of the project and verified the work located within Garden Grove's portion. The cost for City of Garden Grove’s portion of Western Avenue is $28,941.36.
31 Item 477/2025
FINANCIAL IMPACT
There will be no financial impact to the General Fund. The improvement cost of $28,941.36 is included in the Fiscal Year 2025-26 Capital Improvement budget and is funded by Gas Tax (SB1).
RECOMMENDATION
It is recommended that the City Council:
Approve the Cooperative Agreement with the City of Stanton for the street rehabilitation design plans for Western Avenue from Chapman Avenue to Cerritos Avenue; and
Authorize the City Manager, or designee, to execute the agreement, and make minor modifications as appropriate thereto, on behalf of the City.
By: Nick Hsieh, P.E.
Associate Engineer
ATTACHMENT(S)
1. Cooperative Agreement
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 Item 12/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Lizabeth Vasquez
Dept: City Manager Dept: City Clerk
Date: 1/13/2026
Subject: Receive and file the minutes from the meetings held on December 10, 2024 and December 9, 2025. (Action Item)
OBJECTIVE
For the City Council to receive and file the minutes from the meetings held on December 10, 2024 and December 9, 2025.
BACKGROUND/DISCUSSION
Attached are the minutes from the meetings held on December 10, 2024 and December 9, 2025, recommended to be received and filed as submitted or amended.
FINANCIAL IMPACT
There is no financial impact.
RECOMMENDATION
It is recommended that the City Council:
Receive and file the minutes from the meetings held on December 10, 2024 and December 9, 2025.
ATTACHMENT(S)
1. Minutes – 12/9/25 and 12/10/24
53 -1- 12/9/25
MINUTES
GARDEN GROVE CITY COUNCIL
Regular Meeting
December 9, 2025
Community Meeting Center
11300 Stanford Avenue, Garden Grove, CA 92840
CONVENE REGULAR MEETING
At 6:34 p.m., Mayor Klopfenstein convened the meeting.
ROLL CALL PRESENT: (7) Council Members Brietigam, Nguyen, Tran, Muñeton, Arestegui, Mayor Pro Tem DoVinh,
Mayor Klopfenstein
ABSENT: (0) None
INVOCATION
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
PET AT THE PODIUM BY ORANGE COUNTY HUMANE SOCIETY SHOWCASING THEIR
PET ADOPTION PROGRAM
SELECTION OF MAYOR PRO TEMPORE (F: VIP)
Council Member Arestegui nominated Council Member Nguyen to serve as Mayor Pro Tem.
Council Member Tran introduced a substitute motion to nominate Council Member Brietigam to serve as Mayor Pro Tem.
Vote on original motion
Council Member Arestegui motioned, seconded by Council Member Muñeton that:
Council Member Nguyen serve as Mayor Pro Tem.
The motion failed by a 3-4 vote as follows:
54 -2- 12/9/25
Ayes: (3) Nguyen, Muñeton, Arestegui
Noes: (4) Brietigam, Tran, DoVinh, Klopfenstein
Vote on substitute motion
Council Member Tran motioned, seconded by Mayor Pro Tem DoVinh that:
Council Member Brietigam serve as Mayor Pro Tem.
The motion carried by a 4-3 vote as follows:
Ayes: (4) Brietigam, Tran, DoVinh, Klopfenstein
Noes: (3) Nguyen, Muñeton, Arestegui
ORAL COMMUNICATIONS
Speakers: Steve Sanders, Andrew Gonzales – LA/OC Building and Construction Trades Council, Dave Everett – Western Electrical Contractors Association, Phillip Ho, Israel Mosqueda – International Brotherhood of Electrical Workers Local 441, Henry Hillebrecht – Plumbers and Steamfitters Local 582, Kyle Mason, Christine Lopez Ediss, Tony Flores, Aurora Zavala
Written Communications: Tony Flores, Andrew Gonzales – LA/OC Building and Construction Trades Council
CONSIDERATION OF A WRITTEN REQUEST FROM THE VIETNAMESE SPORT
ASSOCIATION OF SOUTHERN CALIFORNIA (VSASOCAL), FOR TEMPORARY STREET CLOSURES TO HOST THE 4TH ANNUAL FLOWER STREET ON MAIN STREET ON FRIDAY, FEBRUARY 13 THROUGH SUNDAY, FEBRUARY 15, 2026 (F: 88.1-2025) Following staff’s introduction, Council Member Brietigam inquired whether event had been reviewed by the Downtown Commission noting possible impacts to local businesses on Main Street.
Staff explained that the event has been relocated north on Main Street to Acacia and Stanford, therefore businesses would not be impacted.
Following Council Member comments expressing support for the event, it was moved by Mayor Pro Tem Brietigam, seconded by Council Member Nguyen that:
The written request from the Vietnamese Sport Association of Southern California for the temporary street closure of Main Street in the area as agreed, to host the 4th annual Flower Street on Main Street beginning Friday, February 13 through Sunday, February 15, 2026, be approved.
55 -3- 12/9/25
The motion carried by a 7-0 vote as follows:
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
CONSIDERATION OF A WRITTEN REQUEST FROM THE SISTER CITY ASSOCIATION OF GARDEN GROVE FOR CO-SPONSORSHIP OF THE 2026 STRAWBERRY STOMP 5K ON SATURDAY, MAY 23, 2026 (F: 88.1-2025) (XR:102.1)
It was moved by Mayor Pro Tem Brietigam, seconded by Council Member Tran that:
The request from the Sister City Association of Garden Grove for co-sponsorship of approximately $15,000 for the 2026 Strawberry Stomp 5K that will be held on Saturday, May 23, 2026, be approved.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
RECESS
At 7:16 p.m., Mayor Klopfenstein recessed the meeting.
RECONVENE
At 7:21 p.m., Mayor Klopfenstein reconvened the meeting all Council Members present.
ADOPTION OF A RESOLUTION FOR THE FISCAL YEAR 2024-25 MEASURE M (M2) ANNUAL EXPENDITURE REPORT (F: 23.18C)
It was moved by Mayor Pro Tem Brietigam, seconded by Council Member DoVinh that:
Resolution No. 9949-25 entitled: A Resolution of the City Council of the City of Garden Grove concerning the Measure M2 (M2) Expenditure Report for the City of Garden Grove, be adopted; and
The Finance Director, or designee, be authorized to submit the Renewed Measure M (M2) Annual Expenditure Report to the Orange County Transportation Authority.
The motion carried by a 7-0 vote as follows:
56 -4- 12/9/25
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
ADOPTION OF A RESOLUTION FOR THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 2024 HOMEOWNERSHIP SUPER NOTICE OF FUNDING AVAILABILITY GRANT (F: 117.10)
It was moved by Mayor Pro Tem Brietigam, seconded by Council Member DoVinh that:
Resolution No. 9950-25 entitled: A Resolution of the City Council of the City of Garden Grove authorizing the application and acceptance of grant for the CalHome Program under the Homeownership Super Notice of Funding Availability (NOFA), Round 2, be adopted; and
The Mayor be authorized to execute the Conditional Award Commitment and Acceptance of Terms and Conditions and any other documents necessary to implement the 2024 Homeownership Super Notice, CalHome, Round 2 award in the amount of $2,204,000 from the California Department of Housing and Community Development.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
ACCEPTANCE OF PROJECT NO. CP1268010 – TRASK AND WESTHAVEN
RESERVOIR/BPS SCADA IMPROVEMENTS PROJECT, AS COMPLETE
(F: 112.PROJ.CP1268010)
It was moved by Mayor Pro Tem Brietigam, seconded by Council Member DoVinh that:
Project No. CP1268010 - Trask and Westhaven Reservoir / BPS SCADA Improvements Project be accepted as complete;
The City Manager, or designee, be authorized to execute the Notice of Completion of Public Improvement and Work; and
The Finance Director, or designee, be authorized to release the retention payment when appropriate to do so.
The motion carried by a 7-0 vote as follows:
57 -5- 12/9/25
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
APPROVAL OF A FIVE YEAR AGREEMENT WITH THE STRAWBERRY FESTIVAL
ASSOCIATION TO CONDUCT THE ANNUAL STRAWBERRY FESTIVAL AND PARADE EACH MEMORIAL DAY WEEKEND THROUGH 2030 (F: 42.3)(F: 55-STRAWBERRY
FESTIVAL ASSOCIATION)
It was moved by Mayor Pro Tem Brietigam, seconded by Council Member DoVinh that:
The agreement with the Strawberry Festival Association to conduct the annual Strawberry Festival at Village Green Park and Parade on city streets over the Memorial Day weekend of May 21-25, 2026, as well as each of the next four years, through 2030, be approved; and
The City Manager, or designee, be authorized to execute the agreement on behalf of the City, and make minor modifications as appropriate.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
APPROVAL OF A SUCCESSOR COMMUNITY WORKFORCE AGREEMENT WITH LOS
ANGELES AND ORANGE COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL AND SIGNATORY CRAFT COUNCIL AND LOCAL UNIONS (F: 55-LOS
ANGELES/ORANGE COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL) It was moved by Mayor Pro Tem Brietigam, seconded by Council Member DoVinh that:
The Successor Community Workforce Agreement (CWA) with the Los Angeles/Orange Counties Building and Construction Trades Council, be approved; and The City Manager, or designee, be directed and authorized to execute the Successor CWA on behalf of the City, and take any and all actions necessary to implement and administer the Successor CWA.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
58 -6- 12/9/25
APPROVAL OF AN AGREEMENT WITH CIVOS, INC. FOR THE DEVELOPMENT OF
ADDITIONAL SOFTWARE MODULES FOR VIVACIVIC, INCLUDING A CODE
ENFORCEMENT MODULE, PLANNING MODULE, AND POTENTIAL FUTURE MODULES FOR VIVACIVIC (F: 55-VIVACIVIC)
It was moved by Mayor Pro Tem Brietigam, seconded by Council Member DoVinh that:
The request to dispense of the bidding process in the best interest of the City pursuant to Garden Grove Municipal Code 2.50.060(G), be authorized; The agreement with Civos Inc. in the amount of $249,000 for the development of additional software modules for VivaCivic, including a Code Enforcement Module, Planning Module, and potential future modules for VivaCivic, be approved; and The City Manager, or designee, be authorized to execute the Agreement or any Amendments with Civos, Inc. and make minor modifications as appropriate thereto, on behalf of the City.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
AWARD A CONTRACT TO PORTOLA SYSTEMS, INC. TO PROVIDE A VIRTUALIZATION SOLUTION (F: 55-PORTOLA SYSTEMS, INC.)
It was moved by Mayor Pro Tem Brietigam, seconded by Council Member DoVinh that:
A three (3) year contract be awarded to Portola Systems, Inc. in the amount of $248,226.79;
The City Manager, or designee(s), be authorized to execute the agreement and make minor amendments or modifications as necessary on behalf of the City; and The City Manager, or designee(s), be authorized to execute future amendments to the contract, including the authorization to enter into option years, provided sufficient funds are available.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
59 -7- 12/9/25
Noes: (0) None
AUTHORIZATION FOR THE ISSUANCE OF A PURCHASE ORDER TO COASTLINE
EQUIPMENT FOR THE PURCHASE OF TWO NEW TRAILERS FOR THE PUBLIC WORKS
DEPARTMENT PARKS SECTION
It was moved by Mayor Pro Tem Brietigam, seconded by Council Member DoVinh that:
The request to dispense of the bidding process per Municipal Code 2.50.060(E), piggy-back purchase through an approved cooperative purchasing contract, be approved;
The use of Sourcewell Contract #092922-MNR be authorized; and The Finance Director, or designee, be authorized to issue a purchase order in the amount of $61,026.15 to Coastline Equipment for the purchase of two (2) trailers for the Public Works Department Parks section.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
AUTHORIZATION FOR THE ISSUANCE OF A PURCHASE ORDER WITH AMAZON WEB
SERVICES FOR CLOUD SERVICES
It was moved by Mayor Pro Tem Brietigam, seconded by Council Member DoVinh that:
The request to dispense of the bidding process pursuant to Garden Grove Municipal Code Section 2.50.060 (G), the City Council determines it to be in the best interest of the City, be approved and proceed with the purchase order with Amazon Web Services, Inc.; and
The Finance Director, or designee, be authorized to issue a purchase order to Amazon Web Services, Inc. in the amount not to exceed $87,156, to provide cloud services.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
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AUTHORIZATION FOR THE ISSUANCE OF A PURCHASE ORDER TO DOUGLAS
EQUIPMENT FOR NINE FREEZERS AND FOUR REFRIGERATORS FOR EVIDENCE STORAGE, IFB NO. S-1382
It was moved by Mayor Pro Tem Brietigam, seconded by Council Member DoVinh that:
The Finance Director, or designee, be authorized to issue a purchase order in the amount of $107,591.41 to Douglas Equipment, for the purchase and delivery of nine freezers and four refrigerators for evidence storage at the Police Department.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
AUTHORIZATION FOR THE ISSUANCE OF A PURCHASE ORDER TO MOTOROLA SOLUTIONS TO ACQUIRE 800 MHZ PORTABLE RADIOS FOR THE PUBLIC WORKS DEPARTMENT THROUGH LOS ANGELES COUNTY CONTRACT NO. MA-IS-2240228-2 It was moved by Mayor Pro Tem Brietigam, seconded by Council Member DoVinh that:
The request to dispense of the bidding process pursuant to Municipal Code 2.50.60 (E), be approved; and
The Finance Director, or designee, be authorized to award a purchase order in the amount of $240,037.82 to Motorola Solutions for the purchase of 800 MHz portable radios and equipment for the Public Works Department through the Los Angeles County Contract No. MA-IS-2240228-2.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
RECEIVE AND FILE THE FISCAL YEAR 2024-25 DEVELOPMENT IMPACT FEE ANNUAL REPORT (F: 60.2D)
It was moved by Mayor Pro Tem Brietigam, seconded by Council Member DoVinh that:
The Fiscal Year 2024-25 Development Impact Fee Annual Report as required by Government Code Section 66006 (b), be receive and filed. 61 -9- 12/9/25
The motion carried by a 7-0 vote as follows:
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
WARRANTS
It was moved by Mayor Pro Tem Brietigam, seconded by Council Member DoVinh that:
Demands covered by EFT numbers 00065229 through 00065890, and check numbers 00186403 through 00186418 inclusive as listed and have been verified by the Finance Division as properly issued and bear all proper signatures, be received and filed; and
Demands covered by EFT numbers 00065891 through 00066550, and check numbers 00186419 through 000186436 inclusive as listed and have been verified by the Finance Division as properly issued and bear all proper signatures, be received and filed.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
AWARD A CONTRACT TO ONE CORP STRIPING SERVICES, LLC FOR ON-CALL STREET STRIPING AND SIGN INSTALLATION SERVICES (F: 55-ONE CORP STRIPING
SERVICES, LLC)
It was moved by Mayor Pro Tem Brietigam, seconded by Council Member Nguyen that:
A contract be awarded to One Corp Striping Services, LLC. in the not-to-exceed amount of $300,000 per year for three (3) years with the option to extend the agreement to two (2), one-year (1) increments, for a total performance period of five (5) years;
The City Manager, or designee, be authorized to execute the agreement, and make minor modifications as appropriate thereto, on behalf of the City; and The City Manager, or designee, be authorized to execute option term amendments and make minor modifications as appropriate thereto, on behalf of the City. 62 -10- 12/9/25
The motion carried by a 7-0 vote as follows:
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
AWARD OF CONTRACTS TO ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. (COST: NOT TO EXCEED $350,000 PER YEAR), AND DMC ENGINEERING (COST:
NOT TO EXCEED $350,000 PER YEAR) TO PROVIDE ON-CALL CIVIL ENGINEERING PLAN CHECKING AND CONSTRUCTION INSPECTION SERVICES (F: 55-ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA; 55-DMC ENGINEERING)
It was moved by Mayor Pro Tem Brietigam, seconded by Council Member Arestegui that:
Contracts be awarded to Engineering Resources of Southern California and DMC Engineering to provide on-call civil engineering plan checking and construction inspection services, in the amount, not to exceed, $350,000 per firm per year, with four (4) one-year extensions at $350,000 per firm per year, for a total of five (5) contractual years;
The City Manager, or designee, be authorized to execute the professional services agreements on behalf of the City and to make minor modifications as appropriate thereto; and
The City Manager, or designee, be authorized to execute option term amendments and make minor modifications as appropriate thereto, on behalf of the City.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
AWARD OF CONTRACTS TO LEHR UPFITTERS OPCO, LLC (COST: $100,000 PER YEAR); AIRWAVE COMMUNICATIONS (COST: $150,000 PER YEAR); COMMLINE INC. (COST: $200,000 PER YEAR), FOR POLICE DEPARTMENT VEHICLE UPFITTING SERVICES (F: 55-LEHR UPFITTERS OPCO, LLC; 55-AIRWAVE COMMUNICATIONS; 55- COMMLINE INC.)
It was moved by Mayor Pro Tem Brietigam, seconded by Council Member Nguyen that:
The request to forego the formal bidding process pursuant to Municipal Code section
2.50.060 (G), in the best interest of the City, be authorized; 63 -11- 12/9/25
Three (3) contracts for Police vehicle upfitting services be awarded as follows:
Lehr – Annual contract amount of $100,000, for a total of $300,000 over the initial three (3) years with two (2) additional option years for a total of five (5) contractual years;
Airwave Communications – Annual contract amount of $150,000, for a total of $450,000 over the initial three (3) years with two (2) additional option years for a total of five (5) contractual years; and
Commline Inc. – Annual contract amount of $200,000, for a total of $600,000 over the initial three (3) years with two (2) additional option years for a total of five (5) contractual years.
The City Manager, or designee, be authorized to execute the agreements on behalf of the City and make minor modifications as appropriate; and The City Manager be authorized to review and execute option year amendments on behalf of the City and make minor modifications as appropriate.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
AUTHORIZATION FOR THE ISSUANCE OF A PURCHASE ORDER TO OLATHE FORD INC.
FOR THREE NEW TRUCKS AND THREE NEW VANS FOR VARIOUS CITY DEPARTMENTS It was moved by Council Member Nguyen, seconded by Mayor Pro Tem Brietigam that:
The request to dispense of the bidding process pursuant to Municipal Code
2.50.060(E), piggy-back purchase through an approved cooperative purchasing contract, be approved;
The use of Sourcewell Cooperative Purchasing Contract #032824-OLA be approved; and
The Finance Director, or designee, be authorized to issue a purchase order in the amount of $434,122.41 to Olathe Ford Inc. for the purchase of three (3) new trucks and three (3) new vans for the Public Works, Police, Community Services, and Finance Departments.
The motion carried by a 7-0 vote as follows:
64 -12- 12/9/25
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
APPROVAL OF A 10-YEAR AGREEMENT WITH AXON ENTERPRISE, INC. AND
APPROPRATION OF ADDITIONAL FUNDING FOR PUBLIC SAFETY SOFTWARE AND RELATED COMPONENTS (F: 55-AXON ENTERPRISES, INC.)
It was moved by Mayor Pro Tem Brietigam, seconded by Council Member Nguyen that:
The request to dispense of the bidding process pursuant to Garden Grove Municipal Code 2.50.060(G), in the best interest of the City, be authorized; Amendment No. 1 in the amount of $5,314,814 to the Axon Master Services and Purchasing Agreement to extend the term for 10 years, be approved; Additional allocation and appropriation in the amount of $300,000 for Fiscal Year 2025-26 and Fiscal Year 2026-27 in Fund 205, be approved; and The City Manager, or designee, be authorized to execute the agreement, and make minor modifications as appropriate thereto.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
RECEIVE AND FILE THE GARDEN GROVE POLICE DEPARTMENT’S ANNUAL MILITARY EQUIPMENT USE REPORT FOR THE PERIOD FROM SEPTEMBER 2024 THROUGH SEPTEMBER 2025 PURSUANT TO CALIFORNIA ASSEMBLY BILL 481 (2021) (F: 82.1A) It was moved by Mayor Klopfenstein, seconded by Mayor Pro Tem Brietigam that:
The Annual Military Equipment Use Report for the period from September 2024 through September 2025, be received and filed;
The proposed version of Garden Grove Police Department Policy 706, which will be formally submitted to the City Council for approval at a future meeting, be received and filed;
The Police Department be directed to post the Annual Report and proposed version of Policy 706 on the Department’s website;
65 -13- 12/9/25
The Police Department be directed to hold a conveniently located and well-publicized community engagement meeting giving the public the opportunity to ask questions about and discuss the Annual Report and proposed policy; and Staff be directed to set the matter for a public hearing regarding an ordinance to approve Garden Grove Police Department Policy 706 [Military Equipment] which is at least 30 days from today’s date.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY MANAGER Mayor Pro Tem Brietigam wished the community a Merry Christmas and Happy New Year. In response to a public comment concerning the Golden State Humane Society, he requested that Code Enforcement look into the possible issue with restroom accessibility to patrons. Mayor Pro Tem Brietigam shared that the Kiwanis Club will be receiving Toy Drive donations at the upcoming Car Show on Main Street and invited the community to attend the Toy Drive events for both Kiwanis Club and Brown Descents Car Club.
Council Member Nguyen congratulated Mayor Pro Tem Brietigam on his appointment to serve at Mayor Pro Tem. He also asked the community to notify the City of any hazardous conditions throughout the community via the City’s website.
Council Member Tran requested that staff provide data regarding local Garden Grove hires in accordance to the Community Workforce Agreement. She shared that she attended an art contest hosted by United Way OC and three Garden Grove students: Steven Nguyen, Brianna Avalos, Melissa Aparicio, submitted their work and will be recognized at a future City Council meeting. Council Member Tran also commended VSA Rancho Alamitos High School students for volunteering at OC Food Bank. She also shared that she attended the OC Hispanic Chamber Mixer with Council Member Arestegui and learned that they provide financial support for local group events in addition to other supportive services. She was excited to share that she represented Garden Grove and handed out trophies at the Chess Tournament hosted in the City and encouraged the community to learn more about Chess. Next, Council Member Tran shared that Fire Station #80 is in need of significant facility upgrades and requested further discussions with staff about this and other concerns expressed by firefighters stationed at this facility. Next, she thanked Mayor Klopfenstein and Mayor Pro Tem Brietigam for attending and supporting the resource event where sessions included: Know your Rights, Process to Citizenship, Landlord and Tenant Law, and Mental Wellness Practice. She thanked all organizations that presented and donated to the successful event. She 66 -14- 12/9/25
also shared that the trash issue at the CVS Pharmacy is being addressed by Code Enforcement. Next, she encouraged the community to participate and submit pictures of homes with holiday lights and décor. Pictures can be submitted via the City’s website through December 15, 2025. Lastly, Council Member Tran wished everyone happy holidays.
Council Member DoVinh congratulated Mayor Pro Tem Brietigam on his appointment to serve as Mayor Pro Tem and reflected on all the good work accomplished by the City Council in 2025. In reference to the Community Workforce Agreement approved earlier in the meeting, he thanked Congressman Derek T. Tran and Assemblyman Phillip Chen, for their letters of support. He also provided an update on the Information Resource webpage that is forthcoming by the end of the year.
He thanked Council Members and Mayor Klopfenstein for serving with distinction.
He looks forward to more events like the Flower Street event in 2026.
Council Member Muñeton inquired how the Information Resource webpage is being developed and how it will be publicized.
City Manager Kim shared that City Manager’s Office staff is working with the Information Technology team to develop a framework with the adopted Resolution guidelines to establish the information resources webpage to be available on the City’s website by the end of the year.
Council Member Muñeton thanked City Manager Kim for the update and requested that a social media post be published once the webpage is live. She also shared that she participated in the annual Tip a Cop event at Red Robbin in Garden Grove.
This was a partnership with Red Robbin and Special Olympics Southern California to raise funds for athletes with disabilities. Next, Council Member Muñeton shared her wonderful experience at the Winter in the Grove event that took place on December 6, 2025, where Mr. and Mrs. Claus made a special appearance. She thanked City staff for all their hard work in executing a successful event. Furthermore, she extended a heartfelt message of gratitude to all City staff for the unwavering commitment to the community. Next, she shared that she will be hosting the annual Pokémon Card event and thanked the Garden Grove Police Association, Garden Grove Unified School President Nguyen, and Council Member Arestegui for their support and donations for this event. Lastly, she wished everyone a joyful and restful holiday season.
Council Member Arestegui shared that she is a Pokémon master and is very supportive and excited for the annual Pokémon Card event organized by Council Member Muñeton. Next, she highlighted the upcoming one year anniversary in serving as an elected official and thanked her Council colleagues for their guidance.
She also shared that she participated in the National Family Volunteer Day at Orange County Food Bank alongside Mayor Klopfenstein. Additionally, she shared that she recently toured Second Harvest Food Bank in Irvine, which provides 1,701,339 lbs. of food and a total 132,771 instances of service to Garden Grove 67 -15- 12/9/25
residents. She requested that Second Harvest Food Bank be invited to provide a presentation on the services they provide to Garden Grove and neighboring communities. Lastly, Council Member Arestegui wished everyone a Merry Christmas and Happy New Year.
Mayor Klopfenstein reflected on the past year of work and accomplishments. She thanked City Manager Kim, Police Chief El-Farra, and all City staff for their time and attention in thoughtfully managing City operations. She thanked residents for their support and assured the community that the City Council and City staff are working hard for them day in and day out. Lastly, Mayor Klopfenstein wished everyone happy holidays and a Merry Christmas.
City Manager Kim thanked the City Council and Mayor Klopfenstein for their support and guidance throughout the year. She commended Assistant City Manager/Economic Development and Housing Authority Director Ursula LunaReynosa who was instrumental in advancing the agreement to collaborate with the Los Angeles/Orange Counties Building and Construction Trades Council. She also thanked Community Services Director John Montanchez and Public Works Director Bill Murray for making the Winter in the Grove a successful and memorable event.
Lastly, City Manager Kim thanked Mayor Klopfenstein and City Council Members for their continued support.
ADJOURNMENT
At 8:22 p.m., Mayor Klopfenstein adjourned the Regular meeting. The next Regular City Council Meeting will be held on Tuesday, January 13, 2026, at 5:30 p.m. at the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California.
Lizabeth Vasquez
City Clerk
68 -1- 12/10/24
MINUTES
GARDEN GROVE CITY COUNCIL
Regular Meeting
Tuesday, December 10, 2024
Community Meeting Center
11300 Stanford Avenue, Garden Grove, CA 92840
CONVENE MEETING
At 6:35 p.m., Mayor Jones convened the meeting in the Council Chamber.
ROLL CALL PRESENT: (7) Mayor Jones, Mayor Pro Tem Tran, Council Members Brietigam, O’Neill, DoVinh,
Klopfenstein, K. Nguyen-Penaloza
ABSENT: (0) None
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
OF AMERICA
ORAL COMMUNICATIONS FROM THE PUBLIC REGARDING CERTIFICATION OF THE
ELECTION
Speakers: Austin Edsell from the Office of State Senator Janet Nguyen, Assemblyman Tri Ta, Rosemary Contreras, Nicholas Dibs, Claudio Gallegos
DECLARATION OF RESULTS OF THE GENERAL MUNICIPAL ELECTION AND SEATING OF ELECTED MAYOR AND CITY COUNCIL MEMBERS (F: 58.2.2024) It was moved by Council Member Brietigam, seconded by Council Member Klopfenstein that:
Resolution No. 9893-24 entitled: A Resolution of the City Council of the City of Garden Grove, reciting the fact of the General Municipal Election held on November 5, 2024, declaring the result and such other matters as provided by law, be adopted.
The motion carried by a 7-0 vote as follows:
69 -2- 12/10/24
Ayes: (7) Brietigam, O’Neill, DoVinh, Klopfenstein, NguyenPenaloza, Tran, Jones Noes: (0) None
COURTESY OF THE FLOOR EXTENDED TO OUTGOING COUNCIL MEMBER O’NEILL COURTESY OF THE FLOOR EXTENDED TO OUTGOING COUNCIL MEMBER NGUYENPENALOZA
COURTESY OF THE FLOOR EXTENDED TO OUTGOING MAYOR JONES
City Manager Kim presented the Mayor Jones and outgoing City Council Members personalized street name signs in appreciation for their years of dedicated service.
RECESS
At 7:14 p.m. Mayor Jones declared a recess to transition new elected Mayor and City Council Members to be seated.
RECONVENE
At 7:19 p.m. Mayor Pro Tem Tran reconvened the meeting.
OATH OF OFFICE ADMINISTERED TO ELECTED MAYOR KLOPFENSTEIN OATH OF OFFICE ADMINISTERED TO ELECTED COUNCIL MEMBER NGUYEN – DISTRICT 2
OATH OF OFFICE ADMINISTERED TO ELECTED COUNCIL MEMBER MUÑETON – DISTRICT 5
OATH OF OFFICE ADMINISTERED TO ELECTED COUNCIL MEMBER ARESTEGUI – DISTRICT 6
CONVENE NEW CITY COUNCIL
At 7:35 p.m., Mayor Klopfenstein convened the meeting with new City Council.
ROLL CALL PRESENT: (7) Mayor Klopfenstein, Mayor Pro Tem Tran, Council Members Brietigam, Nguyen, Tran,
DoVinh, Muñeton, Arestegui
ABSENT: (0) None
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COURTESY OF THE FLOOR EXTENDED TO MAYOR KLOPFENSTEIN, COUNCIL MEMBER NGUYEN, COUNCIL MEMBER MUÑETON, COUNCIL MEMBER ARESTEGUI Before the scheduled recess for the reception, City Attorney Sandoval informed the City Council that the City, with consent of the appellant, requested that the noticed public hearing agenda item be continued to the January 14, 2025 City Council meeting.
PUBLIC HEARING – ADOPTION OF A RESOLUTION DENYING AN APPEAL FILED BY
SUPPORTERS ALLIANCE FOR ENVIRONMENTAL RESPONSIBILITY (SAFER) AND UPHOLDING THE PLANNING COMMISSION’S DECISION TO APPROVE SITE PLAN NO. SP-145-2024 AND LOT LINE ADJUSTEMENT NO. LLA-033-2024 Following City Attorney Sandoval’s announcement that the matter would be continued to the January 14, 2025 City Council meeting, it was moved by Council Member Brietigam, seconded by Mayor Pro Tem DoVinh that:
The public hearing regarding the adoption of a Resolution denying an appeal filed by Supporters Alliance for Environmental Responsibility (SAFER) and upholding the Planning Commission’s Decision to approve Site Plan No. SP-145-2024 and Lot Line Adjustement No. LLA-033-2024, be continued to the January 14, 2025 City Council meeting.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, Nguyen, Tran, Muñeton,
Arestegui, DoVinh, Klopfenstein
Noes: (0) None
RECESS FOR RECEPTION
At 7:45 p.m., Mayor Klopfenstein declared a recess.
RECONVENE NEW CITY COUNCIL
At 8:04 p.m., Mayor Klopfenstein reconvened the meeting with all new City Council Members present.
REORGANIZATION OF THE CITY COUNCIL (F: 46.1)(F: 10.2)(VIP) It was moved by Council Member Brietigam, seconded by Council Member Nguyen that:
Council Member DoVinh be selected as Mayor Pro Tempore.
The motion carried by a 7-0 vote as follows:
71 -4- 12/10/24
Ayes: (7) Nguyen, Tran, DoVinh, Muñeton,
Arestegui, Brietigam, Klopfenstein
Noes: (0) None
ORAL COMMUNICATIONS
Speakers: Kyle Mason
RECESS
At 8:08 p.m., Mayor Klopfenstein recessed the meeting.
RECONVENE
At 8:14 p.m., Mayor Klopfenstein reconvened the meeting with all Council Members present.
ADOPTION OF A RESOLUTION FOR FISCAL YEAR 2021-2022 RENEWED MEASURE M (M2) ANNUAL EXPENDITURE REPORT (F: 23.18C)
It was moved by Council Member Brietigam, seconded by Mayor Pro Tem DoVinh that:
Resolution No. 9890-24 entitled: A Resolution of the City Council of the City of Garden Grove concerning the Fiscal Year 2023-24 Measure (M2) Annual Expenditure Report, be adopted; and
The Finance Director be authorized to submit the Renewed Measure M (M2) Annual Expenditure Report to the Orange County Transportation Authority.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, Nguyen, Tran, Muñeton,
Arestegui, DoVinh, Klopfenstein
Noes: (0) None
ADOPTION OF A RESOLUTION TO APPOINT THE CITY TREASURER AND DEPUTY CITY TREASURER (F: VIP)
It was moved by Council Member Brietigam, seconded by Mayor Pro Tem DoVinh that:
Resolution No. 9891-24 entitled: A Resolution of the City Council of the City of Garden Grove repealing Resolution No. 9525-18 and appointing the City Treasurer and Deputy City Treasurer, be adopted.
72 -5- 12/10/24
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, Nguyen, Tran, Muñeton,
Arestegui, DoVinh, Klopfenstein
Noes: (0) None
ADOPTION OF A RESOLUTION TO APPROVE A 180-DAY WAIT PERIOD EXEMPTION TO HIRE A RETIRED ANNUITANT (F: 78.1)(XR: 78.12)
It was moved by Council Member Brietigam, seconded by Mayor Pro Tem DoVinh that:
Resolution No. 9892-24 entitled: A Resolution of the City Council of the City of Garden Grove approving a 180-day wait period exception pursuant to Government Code Sections 7522.56 and 21224, be adopted.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, Nguyen, Tran, Muñeton,
Arestegui, DoVinh, Klopfenstein
Noes: (0) None
ACCEPTANCE OF PROJECT NO. S-1328-A, PHASE ONE ROOF REPLACEMENT
PROJECT AT THE GARDEN GROVE AMPHITHEATER CAMPUS, AS COMPLETE (F: 87.5)
It was moved by Council Member Brietigam, seconded by Mayor Pro Tem DoVinh that:
Project No. S-1328-A, Phase One Roof Replacement Project at the Garden Grove Amphitheater Campus located at 12762 Main Street, be accepted as complete; The City Manager be authorized to execute the Notice of Completion of Public Works improvement and work; and
The Finance Director be authorized to release the retention payment when appropriate to do so.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, Nguyen, Tran, Muñeton,
Arestegui, DoVinh, Klopfenstein
Noes: (0) None
AUTHORIZATION OF THE ISSUANCE OF A PURCHASE ORDER TO GARDEN GROVE NISSAN FOR ONE (1) NEW SUV
73 -6- 12/10/24
It was moved by Council Member Brietigam, seconded by Mayor Pro Tem DoVinh that:
The Finance Director be authorized to issue a purchase order in the amount of $45,939.31 to Garden Grove Nissan for the purchase of one (1) new SUV.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, Nguyen, Tran, Muñeton,
Arestegui, DoVinh, Klopfenstein
Noes: (0) None
APPROVAL TO INCREASE AMOUNT OF THE PURCHASE ORDER WITH US ARMOR
CORPORATION FOR POLICE BODY ARMOR
It was moved by Council Member Brietigam, seconded by Mayor Pro Tem DoVinh that:
The Finance Director be authorized to increase the purchase order for US Armor Corporation to a total of $75,000 to purchase police body armor.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, Nguyen, Tran, Muñeton,
Arestegui, DoVinh, Klopfenstein
Noes: (0) None
APPROVAL OF A MASTER OPERATION & MAINTENANCE AGREEMENT WITH CEG
SOLUTIONS, LLC TO PROVIDE OPERATION AND MAINTENANCE SERVICES FOR THE
PHOTOVOLTAIC SYSTEM AND BATTERY ENERGY STORAGE SYSTEM FOR THE CIVIC CENTER REVITALIZATION PROJECT (F: 48.11)(XR: 55-CEG SOLUTIONS, LLC) It was moved by Council Member Brietigam, seconded by Mayor Pro Tem DoVinh that:
The Master Operation & Maintenance Agreement, be approved; and The City Manager be authorized to execute the Master Operation & Maintenance Agreement by and between the City of Garden Grove and CEG Solutions LLC, in an amount not to exceed $180,511, and to make minor modifications as appropriate thereto, on behalf of the City.
The motion carried by a 7-0 vote as follows:
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Ayes: (7) Brietigam, Nguyen, Tran, Muñeton,
Arestegui, DoVinh, Klopfenstein
Noes: (0) None
APPROVAL OF A REQUEST FROM EDGEMOOR INFRASTRUCTURE AND REAL ESTATE
TO MODIFY CONSTRUCTION HOURS AND EXEMPTION FROM NOISE CONTROL ORDINANCE, MUNICIPAL CODE SECTION 8.47.040 AND 8.47.060, TO
ACCOMMODATE CONSTRUCTION ACTIVITIES FOR THE CIVIC CENTER REVITALIZATION PROJECT (F: 48.11)(XR: 50.1)
It was moved by Council Member Brietigam, seconded by Mayor Pro Tem DoVinh that:
A written request from Edgemoor, to extend construction hours and exceed ambient noise levels for a certain amount of days per year, exempting the Civic Center Revitalization Project from Noise Control Ordinance, Municipal Code Section
8.47.040 and 8.47.060 to accommodate construction activities, be approved.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, Nguyen, Tran, Muñeton,
Arestegui, DoVinh, Klopfenstein
Noes: (0) None
AWARD A CONTRACT TO SILVERSTONE PROPERTY MANAGEMENT COMPANY TO
PROVIDE COMPREHENSIVE PROPERTY, FACILITIES, AND PROJECT MANAGEMENT SERVICES FOR THE CITY-OWNED PROPERTY LOCATED AT 11277 GARDEN GROVE BLVD (F: 55-SILVERSTONE PROPERTY MANAGEMENT COMPANY)
It was moved by Council Member Brietigam, seconded by Mayor Pro Tem DoVinh that:
A contract be awarded to Silverstone Property Management Company (SSPM) in the amount of $50,000, to provide property management and project management services for the city-owned Purcell Building located at 11277 Garden Grove Boulevard; and
The City Manager, or designee, be authorized to execute the agreement, additional option years, amendments, and make minor modifications as necessary, on behalf of the City.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, Nguyen, Tran, Muñeton,
Arestegui, DoVinh, Klopfenstein
Noes: (0) None
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WARRANTS
It was moved by Council Member Brietigam, seconded by Mayor Pro Tem DoVinh that:
Demands covered EFT numbers 00048709 through 00049368, and check numbers 00185979 through 00185990 inclusive have been verified by the Finance Division.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, Nguyen, Tran, Muñeton,
Arestegui, DoVinh, Klopfenstein
Noes: (0) None
WAIVER
It was moved by Council Member Brietigam, seconded by Mayor Pro Tem DoVinh that:
Full reading of ordinances listed be waived.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, Nguyen, Tran, Muñeton,
Arestegui, DoVinh, Klopfenstein
Noes: (0) None
PUBLIC HEARING – ADOPTION OF A RESOLUTION DENYING AN APPEAL FILED BY
SUPPORTERS ALLIANCE FOR ENVIRONMENTAL RESPONSIBILITY (SAFER) AND UPHOLDING THE PLANNING COMMISSION’S DECISION TO APPROVE SITE PLAN NO. SP-145-2024 AND LOT LINE ADJUSTEMENT NO. LLA-033-2024 (F: 116.SP-145-2024)(XR: 123.1)
The matter was considered earlier in the meeting.
CONSIDERATION OF APPOINTMENTS TO THE AUDIT COMMITTEE AND OUTSIDE
COMMITTEES
The matter was continued to the next regular City Council meeting.
ADOPTION OF A RESOLUTION APPOINTING A CITY COUNCIL MEMBER TO THE ORANGE COUNTY FIRE AUTHORITY BOARD OF DIRECTORS (F: VIP)(XR: 61.1A) The matter was continued to the next regular City Council meeting. 76 -9- 12/10/24
SECOND READING AND ADOPTION OF ORDINANCE NO. 2962
(As approved earlier in the meeting, it was moved by Council Member Brietigam, seconded by Mayor Pro Tem DoVinh, and approved by a 7-0 vote, that full reading of ordinances listed be waived.)
Following the reading of the ordinance title, it was moved by Council Member Brietigam, seconded by Mayor Klopfenstein that:
Ordinance No. 2962 entitled: An Ordinance of the City Council of the City of Garden Grove amending Section 10.36.030 of Chapter 10.36 of Title 10 of the Garden Grove Municipal Code establishing speed limits for certain designated city streets based upon an updated Traffic and Engineering Speed Survey, be adopted.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, Nguyen, Tran, Muñeton,
Arestegui, DoVinh, Klopfenstein
Noes: (0) None
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY MANAGER Council Member Brietigam wished his wife a belated happy birthday. He invited the community to attend and enjoy the festivities at the Jingle Jam event scheduled for Friday, December 13, 2024 at Eastgate Park. He reminded the public that there will not be a City Council meeting on December 24, 2024, and congratulated newly seated Council Members and Mayor Klopfenstein.
Council Member Nguyen wished everyone a Merry Christmas and Happy New Year.
Council Member Tran congratulated Mayor Klopfenstein and the newly seated Council Members. She thanked Economic Development Department staff for their work on the Small Business Intelligence webinar. She encouraged Garden Grove businesses to contact the City for more information on available resources and programs. Council Member Tran also thanked the Community Services Department staff for working to resolve soccer team concerns about lack of available soccer field space at City parks. Lastly, in response to a public comment regarding homelessness issues in District 3, she shared that she contacts City staff or the Police Department’s SRT Team to respond; she will work to explore possible future solutions.
Mayor Pro Tem DoVinh congratulated new Council Members Nguyen, Muñeton, Arestegui, and Mayor Klopfenstein. He also thanked Council Member Brietigam for nominating him to serve as Mayor Pro Tem. Additionally, Council Member DoVinh also reiterated Council Member Tran’s response in relation to homelessness issues 77 -10- 12/10/24
in the area of Brookhurst Street and Chapman Avenue. Furthermore, he informed the public that the City Council will work with other jurisdictions, including the County of Orange, and other elected representatives to request assistance in addressing these issues. He thanked outgoing Mayor and Council Members for their dedicated years of service, and also thanked City staff and residents. Lastly, Mayor Pro Tem DoVinh wished everyone a Merry Christmas and Happy New Year.
Council Member Muñeton expressed excitement to serve on the City Council and represent District 5. She shared that she attended the Breakfast with Santa at Crosby Elementary. She also attended the Winter in the Grove event and thanked staff for their hard work in organizing such a successful event. Lastly, she wished everyone happy holidays, Merry Christmas, and a Happy New Year.
Council Member Arestegui thanked City staff for the outstanding work with City Council onboarding and support. She also commended Community Services Department staff for organizing a fun and successful Winter in the Grove event.
She congratulated Doig Elementary Choir for their performance at the event. She also thanked outgoing and incoming Council Members for their work on the ordinance approved earlier in the meeting which helps to mitigate issues and addresses community concerns regarding student safety on their way to school.
Council Member Arestegui expressed excitement and is ready to get to work.
Lastly, she wished everyone happy holidays.
Mayor Klopfenstein thanked City staff for their work in executing the evening’s special and historic event. She wished the community happy holidays and Merry Christmas.
City Manager Kim encouraged the public to Buy in Garden Grove (BiGG) and submit receipts to the Garden Grove Chamber of Commerce by December 19, 2024 to enter a raffle to win prizes: cash prizes, 1 night stay at Great Wolf Lodge, or a Sabroso Mexican Grill giftcard. She wished everyone happy holidays and Happy New Year.
City Attorney announced that Closed Session was cancelled.
ADJOURNMENT
At 8:33 p.m., Mayor Klopfenstein adjourned the meeting. The next Regular City Council Meeting will be held on Tuesday, December 24, 2024, at 5:30 p.m. at the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California.
Lizabeth Vasquez
City Clerk
78 Item 6/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Patricia Song
Dept: City Manager Dept: Finance
Date: 1/13/2026
Subject: Receive and file warrants. (Action Item)
OBJECTIVE
For the City Council to receive and file warrants.
BACKGROUND/DISCUSSION
Attached are the warrants recommended to be received and filed.
FINANCIAL IMPACT
Items listed in the warrants are budgeted.
RECOMMENDATION
It is recommended that the City Council:
Receive and file the warrants.
ATTACHMENT(S)
1. 09242025
2. 10012025
3. 10022025
4. 10082025
5. 10152025
6. 10222025
7. 12112025
8. 12192025
9. 01022025
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Item 470/2025
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Lizabeth Vasquez
Dept: City Manager Dept: City Clerk
Date: 1/13/2026
Subject: Adoption of a Resolution appointing a City Council Member to the Orange County Fire Authority Board of Directors. (Action Item)
OBJECTIVE
For the City Council to adopt the attached Resolution and appoint a City Council Member to serve on the Orange County Fire Authority (OCFA) Board of Directors.
BACKGROUND/DISCUSSION
The City of Garden Grove approved a contract with the Orange County Fire Authority on April 9, 2019 to provide Fire and emergency medical services. As a member agency under an amended Joint Powers Authority agreement, the City of Garden Grove, by Resolution, shall appoint a current elected member of the governing body as representative to serve as Director on the OCFA Board. Mayor Pro Tem Brietigam has served as the city’s representative Director since January 2025.
Once adopted, the attached Resolution designating and appointing a Garden Grove Council Member as representative, will be transmitted to the Orange County Fire Authority.
The Orange County Fire Authority Board of Directors meetings are scheduled monthly and provides a stipend of $100.00 per meeting attended. Regular meetings are held on the fourth Thursday of each month at 6:00 p.m. at the Regional Fire Operations and Training Center Board Room located at 1 Fire Authority Road, Irvine.
FINANCIAL IMPACT
There is no financial impact in adopting this resolution.
RECOMMENDATION
It is recommended that the City Council:
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Appoint a member of the City Council to the Orange County Fire Authority; and
Adopt the attached Resolution to be transmitted to the Orange County Fire Authority.
ATTACHMENT(S)
1. Resolution
2. Letter from OCFA
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN
GROVE, CALIFORNIA, DESIGNATING AND APPOINTING ITS
REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY’S
BOARD OF DIRECTORS
WHEREAS, the City, as a “member” of the Orange County Fire Authority Joint Powers Authority (JPA) is entitled to appoint a representative director (“Director”) to the Orange County Fire Authority’s Board of Directors, and WHEREAS, each member agency, by resolution of its governing body, shall designate and appoint one representative to act as its Director on the Authority Board of Directors, except the County whose Board of Supervisors shall appoint two representatives to act as its Directors, and
WHEREAS, each Director shall be a current elected member of the governing body, and
WHEREAS, each Director shall hold office until the selection of a successor by the appointing body, and
WHEREAS, each Director is to serve at the pleasure of his or her appointing body and may be removed at any time, with or without cause, at the sole discretion of that appointing body, and
WHEREAS, any vacancy shall be filled in the same manner as the original appointment of a Director.
NOW, THEREFORE the City Council of the City of Garden Grove does hereby resolve as follows:
SECTION 1. The City Council hereby designate and appoint Council Member ___________ as a Director to the Orange County Fire Authority Board of Directors.
SECTION 2. The City Council hereby directs the City Clerk to transmit a copy of executed resolution to the Clerk of the Authority of the Orange County Fire Authority prior to their next regularly scheduled board meeting.
SECTION 3. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall attest to and certify the vote adopting this Resolution.
Adopted this __ day of January 2026.
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Item 461/2025
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Ursula Luna-Reynosa
Dept: City Manager Dept: Economic Development and
Housing
Date: 1/13/2026
Subject: Award of a contract to Gensler for the development of Architectural and Urban Design Guidelines for Little Saigon. (Cost: $250,000)(Action Item)
OBJECTIVE
For the City Council to award a contract to Gensler in the amount of $250,000 to draft Architectural and Urban Design Guidelines for defined areas with high concentrations of Vietnamese-American businesses within the Cities of Garden Grove, Fountain Valley, and Santa Ana (collectively, “Little Saigon”).
BACKGROUND
The California Jobs First (CJF) state initiative, formerly the Community Economic Resilience Fund, is a major statewide economic development effort launched in 2021 that aims to build equitable, sustainable economies across California’s 13 distinct economic regions. Orange County was identified as one of the 13 regions and the Orange County Business Council (OCBC) was selected to serve as the regional convener, coordinating efforts among businesses, labor, tribal representatives, academia, local government, and community organizations. CJF prioritizes creating good-paying jobs and provides significant grant funding to advance the Governor’s Regional Investment Initiative (RII), which focuses on disadvantaged communities. Orange County received $14 million through the RII Catalyst (RIIC) phase of CJF to support pre-development activities, helping regional projects move from concept to implementation readiness.
In January 2025, Garden Grove in partnership with Fountain Valley and Santa Ana (collectively, the “Parties”) partnered to apply for RIIC funding to explore the opportunity to establish Little Saigon as a premiere statewide destination for cultural tourism that celebrates diversity and boosts the regional economy. In March 2025, the Parties were awarded $300,000 under RIIC – Round 1. To accomplish the stated objective, the City Council awarded a contract in the amount of $205,000.00 to New City America for the investigation, and if feasible, formation of a Little Saigon Business Improvement District and a contract in the amount of $95,000 for a Destination Opportunity Assessment. In May 218
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2025, the Parties submitted another application for RIIC – Round 2 and were awarded an additional $250,000 to establish Design Guidelines for Little Saigon.
DISCUSSION
With its rich history, dynamic Vietnamese-American culture, Little Saigon is a vibrant cultural and commercial hub that has since expanded into parts of Garden Grove, Fountain Valley, and Santa Ana. Over the decades, it has become a vital economic engine for the region but also a symbol of resilience, identity, and community for generations of Vietnamese Americans in Orange County.
Little Saigon presents a significant opportunity as a premiere statewide destination for cultural tourism, drawing visitors seeking authentic and immersive experiences. Building towards strategic investment in areas of infrastructure, signage, marketing and partnerships with travel and cultural organizations, the cumulative efforts being funded with the RIIC funds would further position Little Saigon as a vibrant, year-round cultural destination that celebrates diversity and boosts the regional economy.
Cal State Fullerton’s Woods Center for Economic Analysis & Forecasting released its inaugural report, Little Saigon, Orange County: A Demographic and Economic Profile, in October 2024 (see Attachment 1). The comprehensive study paints the first-ever detailed portrait of Little Saigon that highlights population and growth trends, an economic snapshot, housing and income data, as well as economic shifts and opportunities. The Project is to build upon efforts made through the landmark study that acts as both a benchmark and a roadmap, enabling policymakers, community leaders, entrepreneurs, and investors to build inclusive strategies that support economic and sustainable growth for Little Saigon.
On October 28, 2025, the City issued a Request for Proposals (RFP) soliciting proposals to establish Architectural and Urban Design Guidelines for Little Saigon. The RFP garnered four (4) responses by the December 11, 2025 deadline. A selection panel comprised of three Garden Grove representatives and one Santa Ana representative collectively rated the proposals based on qualifications, proposal quality, budget, time management, and prior record of performance with other clients. All four firms were deemed to be qualified. Gensler was the highest ranking firm and is being recommended for the award of contract. However, if staff is unsuccessful in negotiating final terms with Gensler then staff is seeking authorization to award a contract to Studio One Eleven and if unable to negotiate final terms then award a contract to WHA, and so forth. This unconventional method is being pursued due to the fact that all four firms are well qualified and the compressed project timeline. RIIC funds will not be available after September 2026; therefore it is imperative to get this project started as soon as possible. Granting flexibility in awarding the contract will save time in the unlikely event that Gensler and City staff are unable to reach final contract terms. 219
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The following is a summary of the ratings:
Rater SWA Gensler Studio One
Eleven WHA
A 56 93 94 73
B 82 96 94 88
C 62 98 88 86
D 83 95 93 91
TOTAL 283 382 369 338
Gensler is a global architecture, design, and planning firm with extensive experience developing urban design frameworks, architectural guidelines, and place-based design standards for complex, high-profile districts. With a strong Southern California presence, Gensler brings deep expertise in district-scale visioning, mixed-use environments, cultural placemaking, and implementation oriented design guidance that aligns market realities with community identity. The firm is known for its rigorous research-driven approach, strong graphic communication, and ability to translate aspirational visions into clear, scalable, and enforceable design guidelines. Gensler’s multidisciplinary teams and experience working with public agencies, cultural districts, and diverse stakeholder groups make the firm highly qualified to contribute to the development of architectural and urban design guidelines for Little Saigon.
Studio One Eleven is a Southern California–based urban design and architecture firm with extensive experience preparing architectural and urban design guidelines for culturally significant districts, downtowns, and mixed-use corridors. The firm is nationally recognized for its expertise in placemaking, infill development, streetscape design, and communitydriven planning, with a strong track record of translating local identity and cultural narratives into clear, graphic, and implementation-ready design standards. Studio One Eleven’s multidisciplinary approach—integrating urban design, architecture, public realm planning, and stakeholder engagement—has been successfully applied to numerous public-sector guideline and visioning projects throughout Orange County and the broader Southern California region.
WHA (William Hezmalhalch Architects) is a Santa Ana–based architecture, urban design, and planning firm with extensive experience preparing architectural design guidelines, specific plans, and urban design standards for cities throughout Orange County and Southern California. The firm is well known for its expertise in context-sensitive design, translating community character, cultural identity, and regulatory objectives into clear, practical, and visually accessible design guidance. WHA’s long-standing work with public agencies and its deep familiarity with local planning and development processes enable the firm to produce implementation-focused design guidelines that are both aspirational and applicable.
SWA Group is an internationally recognized urban design and landscape architecture firm with deep experience preparing urban design frameworks, streetscape standards, and public realm design guidelines for cities throughout Southern California and California at large. With 220
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a strong presence in Orange County, SWA is known for creating high-quality, culturally responsive design guidelines that integrate mobility, landscape, open space, and placemaking into cohesive district identities. Their work emphasizes pedestrian-friendly environments, complete streets, and the integration of art and cultural expression into the public realm.
SWA’s collaborative, community-focused approach and their ability to produce visually compelling, implementation-ready guideline documents.
FINANCIAL IMPACT
There is no financial impact to the General Fund as costs will be reimbursed through the RIIC grant funding. Staff is requesting that $250,000 of the remaining RIIC grant funds be appropriated into the State Grant Fund (233) to fund the scope of work outlined above.
RECOMMENDATION
It is recommended that the City Council:
Authorize the Finance Director to appropriate a total of $250,000 for the contract;
Authorize the City Manager to negotiate and award a contract to either Gensler, Studio One Eleven, WHA, or SWA, in the amount of $250,000 to draft Architectural and Urban Design Guidelines; and
Authorize the City Manager, or designee, to execute all agreements and any amendments to the Consultant Services Contract, that may be necessary to carry out the requested services.
By: Christy Le, Administrative Analyst
ATTACHMENT(S)
1. Little Saigon, Orange County: A Demographic and Economic Profile
2. Consultant Services Agreement
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1 C O N S U L T A N T S E R V I C E S
A G R E E M E N T
Gensler
THIS AGREEMENT FOR CONSULTANT SERVICES (the "Agreement"), is made and entered into as of September 1st, 2025, by and between the CITY OF GARDEN GROVE, a municipal corporation of the State of California, (the "City"), and Gensler (the "Consultant").
RECITALS
A. The City has entered into a Memorandum of Understanding (“MOU”) by and among the Cities of Fountain Valley, a municipal corporation (“FV”), Santa Ana a charter city and municipal corporation (“SNA”), and itself (collectively, the “Parties”) to further regional collaboration to support economic revitalization, job creation, and cultural preservation of Vietnamese-American communities within their jurisdictions.
The MOU, in part, establishes the ability for the City to enter into contracts on behalf of the Parties to further such actions.
B. The Parties have been awarded a grant from the Orange County Business Council (“OCBC”), acting in their capacity as the California Jobs First (“CJF”) Regional Convener for Orange County. The funding was awarded, in part, to enhance cultural tourism by analyzing and crafting a market assessment/ study for Little Saigon.
C. The City and Consultant desire by this Agreement for Consultant to provide services as follows; 1) Project Initiation and Background Review, 2) Community and Stakeholder Engagement, 3) Draft Architectural/ Urban Design Guidelines, 4) Draft Report and Illustrations, and 5) Final Guidelines Document. In addition, Consultant will prepare recommendations based on the outputs of the Destination Marketing Assessment.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants and promises contained herein, the City and Consultant agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide services related to the preparation of a Destination Opportunity Assessment as more particularly described in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
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2 1.2 Consultant's Proposal. The Scope of Services shall include the Consultant's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of Garden Grove and any Federal, State or local governmental agency of competent jurisdiction.
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement.
1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has carefully considered how the work should be performed, and (c) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof).
1.6 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Consultant.
1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the Consultant shall perform services in addition to those specified in the Scope of Services (Exhibit "A") when directed to do so by the Contract Officer in writing, provided that Consultant shall not be required to perform any additional services without compensation.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, but not 257
3 exceeding the maximum contract amount of Two Hundred and Fifty Thousand dollars ($250,000.00) (the "Contract Sum"), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon the Consultant's rates as specified in Exhibit "B", but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation (Exhibit "B"). Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation (Exhibit "B").
2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to the City no later than the fifteenth (15th) working day of such month, in the form approved by the Contract Officer, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) indicate the total expenditures to date. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. The Consultant may retain the same due hereunder from program income received by Consultant.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed in a timely and diligent manner.
3.3 Force Majeure. The time period specified in the Schedule of Performance (Exhibit "C") for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquake, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental City other than City, and unusually severe weather, if the Consultant shall within (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his/her judgment such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement.
3.4. Term. Unless earlier terminated in accordance with Section 7.7 of this Agreement, this Agreement shall continue in full force and effect until [date] and may be renewed for an additional six-month term by mutual written agreement of the Parties executed by the City Manager on behalf of the City prior to March 31, 2026.
4.0 COORDINATION OF WORK
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4 4.1 Representative of Consultant. Kevin Rosenstein, Principal, is the principal of Consultant hereby designated as being the representative of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal was a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder.
Consultant may not change the foregoing principal and no other personnel may be assigned to perform the services required hereunder without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be the Assistant City Manager/ Director of Economic Development and Housing or such other person, as may be designated in writing by the Assistant City Manager/ Director of Economic Development and Housing. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into the Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City.
4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent Consultant of City and shall remain at all times as to City a wholly independent Consultant with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.
4.5 City Cooperation. The City shall provide Consultant with any plan, publication, report, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Consultant staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Consultant hereunder.
5.0 INSURANCE AND INDEMNIFICATION.
259
5 5.1 Insurance.
(a) Commencement of Work. Consultant shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the City. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the 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.
(b) Workers Compensation Insurance. During the duration of this Agreement, Consultant shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable.
(c) Insurance Amounts. Consultant shall maintain the following insurance for the duration of this Agreement:
(1) Commercial general liability in an amount not less than $1,000,000.00 per occurrence. Claims made and modified occurrence policies are not acceptable.
Insurance companies must be acceptable to the City and have a Best’s Guide Rating of A- Class VII or better, as approved by the City.
(2) Automobile liability in an amount not less than $1,000,000.00 per occurrence. Insurance companies must be acceptable to the City and have a Best’s Guide Rating of A- Class VII or better, as approved by the City. (3) Professional liability in an amount not less than $1,000,000.00 per occurrence. Insurance companies must be acceptable to the City and have a Best’s Guide Rating of A-Class VII or better, as approved by the City.
An On-Going and Completed Operations Additional Insured Endorsement for the policy under section 5.1(c)(1) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the Consultant. An Additional Insured Endorsement for the policy under section 5.1(c)(2) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the Consultant. Consultant shall provide to the City proof of insurance and endorsement forms that conform to the City’s requirements, as approved by the City.
For any claims related to this Agreement, Consultant’s insurance coverage shall be primary insurance as respects the 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 Consultant’s insurance and shall not contribute with it.
If Consultant maintains higher insurance limits than the minimums shown above, Consultant shall provide coverage for the higher insurance limits otherwise maintained by the Consultant.
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6 5.2 Indemnification. The Consultant shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by Consultant, its officers, anyone directly or indirectly employed by Consultant, any sub Consultant and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement, except to the extent of such loss as may be caused by City’s own active negligence, sole negligence or willful misconduct, or that of its officers or employees.
5.3 Remedies. In addition to any other remedies the City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to there extent and within the time herein required, the City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order the Consultant to stop work under this Agreement and/or withhold any payments) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof.
c. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its sub Consultants' performance of work under this Agreement.
6.0 RECORDS AND REPORTS.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require, such as baseline conditions report, draft and final design guidelines document with illustrations and graphics, community workshop materials, presentation decks for stakeholder and elected body meetings.
6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. These records shall be retained for three (3) years after the expiration of this Agreement, except for the following: If 261
7 any litigation, claim, negotiation, audit or other action has been commended before the expiration of such three (3) year period, the records shall be retained until disposition of such action and resolution of all issues which arise from it.
6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, sub Consultants and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon the termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied herein. Consultant shall cause all sub Consultants to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby.
6.4 Release of Documents. The drawings, specifications, reports, records, documents and other material prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other private entity or person any information regarding the activities of the City, except as required by law or as authorized by the City.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Consultant covenants and agree to submit to the personal jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within fortyfive (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 7.7. 262
8 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Consultant requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Consultant. Any waiver or either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Excerpt with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section
7.8 for termination for cause. Either party may terminate this Agreement at any time, (i) without cause, upon ninety (90) days’ written notice to the other party, or (ii) upon the default of the other party, upon thirty (30) days’ written notice to the party alleged to be in default hereunder. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation (Exhibit "B") or such as may be approved by the Contract Officer, except as provided in Section 7.3.
7.8 Termination For Default Of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of setoff or partial payment of the amounts owed the City as previously stated in Section 7.3.
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9 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party.
8.0 OFFICERS AND EMPLOYEES: NON-DISCRIMINATION.
8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation.
The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, martial status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated fortyeight (48) hours from the time of mailing if mailed as provided in this Section 9.1.
To City:
THE CITY OF GARDEN GROVE
11222 Acacia Parkway
Garden Grove, California 92840
Attention: Ursula Luna-Reynosa
To Consultant:
Gensler
264
10 500 S. Figueroa Street
Los Angeles CA 90071
Attention: Kevin Rosenstein
9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties.
9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]
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11 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
THE CITY OF GARDEN GROVE, a municipal
corporation
By: ____________________________
Its: City Manager
ATTEST:
By: ___________________
City Clerk
APPROVED AS TO FORM
By: _____________________
City Attorney
By:_______________________
Its: NAME, Principal
If CONSULTANT is a corporation, a Corporate Resolution
and/or Corporate Seal is required. If a partnership, a
Statement of Partnership must be submitted to the City. 266
12 EXHIBIT "A"
SCOPE OF SERVICES
267
13 EXHIBIT "B"
FEE SCHEDULE
Not to exceed $250,000
268
14 EXHIBIT "C"
SCHEDULE OF PERFORMANCE
269
Item 7/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Samuel Kim
Dept: City Manager Dept: Public Works
Date: 1/13/2026
Subject: Award a contract to Civiltec Engineering, Inc. to provide professional engineering services for the Well 29 Restoration Project. (Cost: $687,085.90)(Action Item)
OBJECTIVE
To request City Council award a contract to Civiltec Engineering, Inc. for professional engineering services for the Well 29 Restoration Project.
BACKGROUND
Well 29 located at 12573 Haster Street, adjacent to Haster Basin Recreational Park, is a critical component of the City’s water production system. On August 29, 2024, a fire caused significant damage to the facility, including the loss of the roof and damage to structural, mechanical, electrical, and control systems.
Following the fire, the City retained West Yost to perform a condition assessment that was completed on May 20, 2025, and it identified necessary repairs and recommended improvements to restore the facility. In addition, Collicut Energy evaluated and conducted a test run of the Well 29 engine confirming it is mechanically sound, but requires permanent repairs to fire-damaged air lines, conduits, wiring, and controls prior to full operation.
Based on these findings, staff seeks to retain a qualified engineering firm to provide comprehensive engineering design services for the reconstruction of Well 29.
DISCUSSION
Staff requested proposals from four (4) consultants to provide professional engineering services. Three (3) consultants submitted proposals. A City staff panel of three (3) members rated the submitted proposals on the basis of qualifications without considering cost. Based on evaluation results, Civiltec Engineering, Inc. rated highest in qualifications and its ability to provide professional engineering services for this project. 270
Item 7/2026
The following is a summary of the ratings with the highest total being the most qualified:
Civiltec Engineering, Inc.
Fullerton, CA
Psomas
Santa Ana, CA
Tetra Tech
Irvine, CA
Rater A 164.5 152 142
Rater B 164.5 160 144.5
Rater C 175.5 156.5 158.5
Totals 504.5 468.5 445
FINANCIAL IMPACT
There is no impact to the General Fund. The project cost will be reimbursed by insurance.
RECOMMENDATION
It is recommended that the City Council:
Award a contract to Civiltec Engineering, Inc. for professional engineering services for the Well 29 Restoration Project, in the amount of $687,085.90; and
Authorize the City Manager, or designee, to execute the agreement on behalf of the City, and make minor modifications as appropriate thereto.
By: Rebecca Li, P.E., Senior Civil Engineer
ATTACHMENT(S)
1. Professional Agreement
2. Civiltec Proposal
3. Civiltec Fee Proposal
271
CONSULTANT AGREEMENT
THIS AGREEMENT is made this 13 day of January 2026, by the CITY OF GARDEN GROVE, a municipal corporation, (“CITY”), and Civiltec Engineering, Inc., a California Corporation (‘‘CONSULTANT”).
RECITALS
The following recitals are a substantive part of this Agreement:
1. This Agreement is entered into pursuant to Garden Grove Council authorization dated January 13, 2026
2. CITY desires to utilize the services of CONSULTANT to provide Professional Engineering Services for the design of CP1448000 Well 29 Restoration Project.
3. CONSULTANT is qualified by virtue of experience, training, education and expertise to accomplish services.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term of Agreement: This Agreement shall cover services rendered from date of this Agreement until compensation reaches the not to exceed amount or sooner terminated per Section 3.5
2. Services to be Provided: The services to be performed by CONSULTANT shall consist of the services as further specified in CONSULTANT’S proposal attached hereto as Exhibit A and incorporated herein by reference. CONSULTANT agrees that is provision of Services under this agreement shall be within accepted accordance with customary and usual practices in CONSULTANT’S profession. By executing this Agreement, CONSULTANT warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this agreement.
3. Compensation. CONSULTANT shall be compensated as follows:
3.1 Amount. Compensation under this Agreement shall be per fee schedule included in the Proposal.
3.2 Not to Exceed. The Parties agree that CONSULTANT shall bill for the Services provided by CONSULTANT to City on an hourly basis, except where otherwise set forth herein, provided compensation under this Proposal shall not exceed $687,085.90. CONSULTANT warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for 272
2 such services. CONSULTANT shall not be compensated for any services rendered in connection with a performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.
3.3 Payment. For work under this Agreement, payment shall be made per monthly invoice and shall be based on Rate and Fee Estimate as provided in Exhibit A. For extra work not a part of this Agreement, a written authorization by CITY will be required.
3.4 Records of Expenses. CONSULTANT shall keep complete and accurate records of payroll costs, travel and incidental expenses. These records will be made available at reasonable times to CITY.
3.5 Termination. CITY and CONSULTANT shall each have the right to terminate this Agreement, without cause, by giving thirty-(30) days written notice of termination to the other party. If CITY terminates the project, then the provisions of paragraph 3 shall apply to that portion of the work completed.
4. Insurance Requirements
4.1 Commencement of Work. CONSULTANT shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance.
4.2 Workers Compensation Insurance. For the duration of this Agreement, CONSULTANT and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.
4.3 Insurance Amounts. CONSULTANT shall maintain the following insurance for the duration of this Agreement:
a) Commercial general liability in the amount of $1,000,000 per occurrence; (claims made and modified occurrence policies are not acceptable); 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;
b) Automobile liability in the amount of $1,000,000 per occurrence; (claims made and modified occurrence policies are not
acceptable) 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.
273
3 c) Professional liability in the amount of $1,000,000 per occurrence; Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY. If the policy is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of the agreement, and for a period of three (3) years from the date of the completion of services provided. In the event of termination, cancellation, or material change in the policy, professional/consultant shall obtain continuing insurance coverage for the prior acts or omissions of professional/consultant during the course of performing services under the term of the agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier.
An Additional Insured Endorsement, ongoing and completed operations, for the policy under section 4.3 (a) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONSULTANT. CONSULTANT shall provide to CITY proof of insurance and endorsement forms that conform to city’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for automobiles owned, lease, hired, or borrowed by CONSULTANT. CONSULTANT shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
For any claims related to this Agreement, CONSULTANT’s insurance coverage shall be primary insurance as respects to CITY, its officers, officials, employees, agents, and volunteers. Any insurance or selfinsurance maintained by the CITY, its officers, officials, employees, agents, or volunteers shall be excess of the CONSULTANT’s insurance and shall not contribute with it.
If CONSULTANT maintains higher insurance limits than the minimums shown above, CONSULTANT shall provide coverage for the higher insurance limits otherwise maintained by the CONSULTANT.
5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONSULTANT in the event of any default or breach by CITY, or for any amount, which may become due to CONSULTANT.
6. Non-Discrimination. CONSULTANT covenants there shall be no discrimination against any person or group due to race, color, creed, religion, 274
4 sex, marital status, age, handicap, national origin or ancestry, in any activity pursuant to this Agreement.
7. Independent Contractor. It is understood and agreed that CONSULTANT, including CONSULTANT’s employees, shall act and be independent contractor(s) and not agent(s) or employee(s) of CITY, and that no relationship of employer-employee exists between the parties. CONSULTANT’s assigned personnel shall not obtain or be entitled to any rights or benefits that accrue to, or are payable to, CITY employees, and CONSULTANT shall so inform each employee organization and each employee who is hired or retained under this Agreement. CITY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of this Agreement, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT’s assigned personnel.
CONSULTANT hereby expressly assumes all responsibility and liability for the payment of wages and benefits to its assigned personnel, and all related reporting and withholding obligations. CONSULTANT hereby agrees to indemnify and hold CITY harmless from any and all claims or liabilities that CITY may incur arising from any contention by any third party, including, but not limited to, any employee of CONSULTANT or any federal or state agency or other entity, that an employer-employee relationship exists by reason of this Agreement, including, without limitation, claims that CITY is responsible for retirement or other benefits allegedly accruing to CONSULTANT’s assigned personnel.
8. Compliance With Law. CONSULTANT shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government.
CONSULTANT shall comply with, and shall be responsible for causing all contractors and subcontractors performing any of the work pursuant to this Agreement, if any, 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. Disclosure of Documents. All documents or other information developed or received by CONSULTANT are confidential and shall not be disclosed without authorization by CITY, unless disclosure is required by law.
10. Ownership of Work Product. All documents or other information developed or received by CONSULTANT shall be the property of CITY. CONSULTANT shall provide CITY with copies of these items upon demand or upon termination of this Agreement.
11. Conflict of Interest and Reporting. CONSULTANT shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.
275
5 12. Notices. All notices shall be personally delivered or mailed to the below listed addresses, 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 CONSULTANT is as follows:
Civiltec Engineering, Inc._____
1440 N. Harbor Blvd. Ste. 650_
Fullerton, CA 92835_________
(b) Address of CITY is as follows (with a copy to):
Engineering: City Attorney
City of Garden Grove City of Garden Grove
P.O. Box 3070 P.O. Box 3070
Garden Grove, CA 92840 Garden Grove, CA 92840
13. CONSULTANT’S Proposal. This Agreement shall include CONSULTANT’S proposal, Exhibit “A” hereto, which shall be incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.
14. Licenses, Permits and Fees. At its sole expense, CONSULTANT shall obtain a Garden Grove Business License, all permits and licenses as may be required by this Agreement.
15. Familiarity With Work. By executing this Agreement, CONSULTANT warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONSULTANT’S risk, until written instructions are received from CITY.
16. Time of Essence. Time is of the essence in the performance of this Agreement.
17. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of CONSULTANT, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONSULTANT shall not contract with any other entity to perform the 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 CONSULTANT is permitted to subcontract any part of this Agreement, CONSULTANT shall be responsible to CITY for the acts and 276
6 omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONSULTANT. CITY will deal directly with and will make all payments to CONSULTANT.
18. 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.
19. Indemnification. To the fullest extent permitted by law, CONSULTANT agrees to protect, defend, and hold harmless CITY and its elective 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 CONSULTANT, CONSULTANT'S agents, officers, employees, subcontractors, or independent contractors hired by CONSULTANT in the performance of the Agreement. The only exception to CONSULTANT'S responsibility to protect, defend, and hold harmless CITY, is due to the negligence, recklessness and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees.
This hold harmless agreement shall 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 CONSULTANT.
20. Modification. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or written. This Agreement may be modified only by subsequent mutual written agreement executed by CITY and CONSULTANT.
21. Waiver. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY and CONSULTANT.
22. California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced about this Agreement shall be filed in the central branch of the Orange County Superior Court.
23. Interpretation. This Agreement shall be interpreted as though prepared by both parties
24. 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. 277
7 [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS THEREOF, these parties hereto have caused this Agreement to be executed as of the date set forth opposite the respective signatures. “CITY”
CITY OF GARDEN GROVE
Dated: , 2026 By:
City Manager
ATTEST "CONSULTANT"
CIVILTEC Engineering, Inc.
By:
City Clerk Title:
Dated: , 2026 Dated: , 2026
APPROVED AS TO FORM:
If CONSULTANT/CONTRACTOR is a
corporation, a Corporate Resolution
and/or Corporate Seal is required. If
a partnership, Statement of
Partnership must be submitted to
CITY
Garden Grove City Attorney
Dated: , 2026
278
Civiltec Engineering, Inc.
1440 N. Harbor Boulevard, Suite 650
Fullerton, CA 92835
www.civiltec.com
Principal Contact:
C. Shem Hawes, PE
[email protected]
714.459.7957
December 23, 2025
City of Garden Grove
279
13802 Newhope Street
Civiltec Engineering,
Inc. Civiltec
Civiltec
Civiltec:
Civiltec
Civiltec
Civiltec
280
Civiltec
281
.................................................................................1 .........................................................3 .....................................................................14 Understanding and Approach............................................................... ...................................................................................... Project Schedule................................................................................... ............................................................................. Fee Proposal.........................................................................................30 15 Registered
Civil Engineers
1 Registered
Electrical
Engineers
8 EngineersIn-Training
4 Registered
Land Surveyors
P:
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Civiltec
Civiltec’s
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Subconsultants
OFFICES
CALIFORNIA
Concord
Davis (Headquarters)
Irvine
Oceanside
Pleasanton
Sacramento
San Diego
Santa Rosa
ARIZONA
Phoenix
OREGON
Lake Oswego
Medford
FAST FACTS
8 6
PROJECTS YEARS OF
EXPERIENCE WITH
GARDEN GROVE
264
WATER-FOCUSED
STAFF
284
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Civiltec’s
responsible for delivering
projects to Garden Grove.
6 PEs
1 PE
3 PEs
285
Garden Grove PFAS
City of San Jacinto Grand
286
Manager
Civiltec
Project Manager
Electrical
287
Civiltec
23 years
PE
288
Civiltec
Civiltec
PE
289
Civiltec
PE
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Civiltec
22 years
PE
291
28 years
PE
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30 years
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Civiltec
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297
Civiltec
Cost
Civiltec
Civiltec
Civiltec also prepared
Civiltec
Cost
298
City of San Fernando
Civiltec
Civiltec
Civiltec
Cost
Civiltec
Civiltec
Civiltec
Cost
Civiltec
Cost
299
City of Garden Grove Cost
Cost
City of Garden Grove Cost
300
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Project Understanding and Approach
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Civiltec
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Civiltec will prepare
Civiltec
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Preliminary and Final Engineering and Design
Sub Phase
Sheet Count Project Phase
Exterior Survey/ Interior LiDar scanning Civiltec PDR
Basemapping Civiltec PDR
Masonry Wall, Footing Structural Calculations and Stability Calculations
Civiltec PDR
Roof framing and Roof Diaphram Structural Calculations Civiltec PDR Building Code Analysis Civiltec PDR
Preliminary Engineering Report, Cost Estimate, Calculations Civiltec PDR Research Civiltec PDR
Geotechnical Report Geotechnical Engineer PDR
Megger Test Electrical Inspector PDR
Existing Wall Core and Materials Testing Structural Observation GR
PDR
Concept 30% Layouts with Selected Roof Civiltec PDR
LID Report Public Works Permit Not Required Permitting
City Electrical Permit Civiltec Permitting
City Grading Permit Not Required Permitting
City Building Permit Civiltec Permitting
City Mechanical Permit Civiltec Permitting
County Fire Permit Civiltec Not Required
City CUP Permit/Public Hearing/Radius Map & Labels/Color Photos Not Included Permitting City Construction Demolition and Debris Permit Civiltec Permitting Retaining Wall Permit Not Required Permitting
Air Quality Management District Permit By Others Permitting Public Outreach By Others Permitting
Property Owner Title Report, Articles of Incorporation By City Permitting Edison Service Request Not Required Permitting
Groundwater Basin Water treatment Permit Not Required Permitting DDW Permit Civiltec Not Required
Operations and Maintenance Monitoring Plan (DDW Permit
Requirement)
Not Required Permitting
SWPPP By Others Permitting
Payment for Plan Checks/Permits By Others Permitting
CEQA (NOE Already Filed By City) By City Permitting
Bidding Services Civiltec BID
Shop Drawing and Submittal Review During Construction (50 Unique Submittals)
Civiltec CM
Meetings During Construction (6-month Construction, 2 Virtual Meeting Per/Month, 2 site visits)
Civiltec CM
As-Builds and Adjustments to Plans during Construction Civiltec CM Startup and Commissioning By Others CM
Structural Observation on Site (1 Observations per Month through 6-Month construction duration)
Civiltec CM
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Sub Phase
Sheet Count Project Phase
Routine On-Site Inspections By Others CM
RFIs (20 Unique RFIs) Civiltec CM
Geotechnical Soils and Concrete Testing During Construction By Others CM Arc Flash or Electrical Coordination Study By Others CM Updates to Preliminary Engineering Report, Cost Estimates considering Design Progression
Not Required Design
Potholing and Geophysical Survey Not Included Design
Hydrology Calcs for Site Not Required Design
Electrical Load Calcs Civiltec DESIGN
Earthwork Calcs Not Required DESIGN
Title 24 Analysis Not Required Not Required
Piping Systems Structural Calculations Civiltec DESIGN
Coordination, Meeting Notes, Scheduling and Meetings During Design (4 Virtual Meetings, 2 Workshop Meetings at Design Milestones and 2 Site Visits)
Civiltec DESIGN
Constructability and Value Engineering Not Required DESIGN BIM REVIT 3D MODEL CONVERSION Civiltec Not Required
Civiltec DESIGN
R-1 Title/Index Sheet Civiltec DESIGN
R-2 General Notes Sheet Civiltec DESIGN
R-3 Plant Process Flow Diagram Not Required DESIGN
R-4 Not Required DESIGN
D-1 Demolition Plan and Sections Civiltec DESIGN
D-2 Demolition Details 1 Civiltec DESIGN
O-C-1 General Notes and Symbols Civiltec OPTIONAL
O-C-2 Civil Legend and Abbreviations Civiltec OPTIONAL
C-1 Civil Survey and Site Plan and Project Data (1”=20’) Civiltec OPTIONAL C-2 Civil Plan and Scope for Construction BMP Civiltec OPTIONAL C-3 Sewer Connection Details Civiltec OPTIONAL
C-4 Civiltec OPTIONAL
A-1 Architectural Notes and Legend Civiltec DESIGN
A-2 Civiltec DESIGN
A-3 Elevations Civiltec DESIGN
A-4 Section and Details Civiltec DESIGN
A-5 Opening Schedule and Finishes Civiltec DESIGN
A-6 BMP Plan and Details Civiltec DESIGN
A-7 Bathroom Floor Plan Civiltec OPTIONAL
A-8 Bathroom Plumbing Plan Civiltec OPTIONAL
A-9 Bathroom Details Civiltec OPTIONAL
A-10 Bathroom and Plumbing Schedules and Details Civiltec OPTIONAL O-S-1 Structural General Notes Civiltec DESIGN
O-S-2 Structural inspection and Test Plan Civiltec DESIGN S-1 Civiltec DESIGN
S-2 Building Sections and Details Civiltec DESIGN
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Sub Phase
Sheet Count Project Phase
S-3 Roof Plan and Roof Framing Plan Civiltec DESIGN
S-4 Roof Details Civiltec DESIGN
S-5 Wall Opening and Exhaust Support Detail Civiltec DESIGN S-6 Structural Improvement Details 1 Civiltec DESIGN
S-8 Miscellaneous Structural Details Civiltec DESIGN
M-1 Mechanical General Notes, Legend, and Symbols Civiltec DESIGN M-2 Well and well discharge Piping Plan Civiltec DESIGN M-3 Civiltec DESIGN
M-4 PFAS Vessel & Filter Repurpose and Change out plan Civiltec DESIGN M-5 Piping Miscellaneous details and standards Civiltec DESIGN FP-1 Fire and Life Safety General Notes Civiltec DESIGN FP-2 Fire Alarm Site Plan Civiltec DESIGN
FP-3 Fire Alarm Riser Diagram and Calculations Civiltec DESIGN FP-4 Fire Alarm Details Civiltec DESIGN
FP-5 Fire Sprinkler Legend and Notes Civiltec DESIGN
FP-6 Fire Sprinkler Site Piping Plan and Details Civiltec DESIGN FP-7 Fire Sprinkler Reference Plan Civiltec DESIGN
FP-8 Fire Sprinkler Floor Plan Civiltec DESIGN
FP-9 Fire Sprinkler Details Civiltec DESIGN
PI-1 Process and Instrumentation Diagram Notes, Legends and Symbols West Yost DESIGN PI-2 Control Panel Exterior Elevations West Yost DESIGN PI-3 Control Panel Interior Elevations West Yost DESIGN PI-4 Control Panel Power Distribution Diagram West Yost DESIGN PI-5 Control Schematics 1 West Yost DESIGN
PI-6 Control Schematics 2 West Yost DESIGN
PI-7 Bill of Materials West Yost DESIGN
PI-8 Network Diagram West Yost DESIGN
PI-9 Well Pump Process and Instrumentation Diagram 1 West Yost DESIGN PI-10 Well Pump Process and Instrumentation Diagram 2 West Yost DESIGN PI-11 Disinfection System Process and Instrumentation Diagram West Yost DESIGN PI-12 Miscellaneous Systems Process and Instrumentation Diagram West Yost DESIGN E-1 Notes, Symbols and Legend Civiltec DESIGN
E-2 Electircal Single Line Diagram Civiltec DESIGN
E-3 Electrical Schedules Civiltec DESIGN
E-4 Electrical Power Plan - Sheet 1 Civiltec DESIGN
E-5 Electrical Power Plan - Sheet 2 Civiltec DESIGN
E-6 Schematic Connection Diagram - Sheet 1 Civiltec DESIGN E-7 Schematic Connection Diagram - Sheet 2 Civiltec DESIGN E-8 Conduit Block Diagram Civiltec DESIGN
E-9 Standard Details Civiltec DESIGN
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Civil, Water, Wastewater, Drainage, Transportation and
1440 N. Harbor Blvd., Suite 650, Fullerton, CA 92835 | P: 714.459.7957 | F: 714.459.7464 City of Garden Grove January 5, 2025
11222 Acadia Pkwy
Garden Grove, CA, 92840
ATTN: Rebecca Li | Senior Civil Engineer
RE: Fee Proposal for Engineering Consulting Services for Well 29 Restoration Project Dear Selection Committee,
Civiltec engineering, inc. (Civiltec) proposes to provide the scope of services per our proposal dated December 18, 2025, for the above-mentioned project on time and materials not to exceed the following total budgets without prior authorization from the City of Garden Grove (Client).
Phase 1. Project Administration................................Distributed in Other Tasks Phase 2. Preliminary Design and Technical Memorandum............... $117,166.90 Phase 3. Final Engineering............................................................................. $266,093.20 Phase 4. Bidding and Document Services.................................................... $35,107.70 Phase 5. Construction Assistance................................................................ $123,288.20 Total Budget........................................................................................................ $541,656.00 Phase 6. Value Propositions
Task 1 – Bathroom and Sewer....................................................................................... $55,810.00 Total Budget (With Option)........................................................................... $597,466.00 Contingency 15% ................................................................................................. $89,619.90 Total Budget (With 15% Contingency) ..................................................... $687,085.90 The project budget worksheet is included as an attachment. The Client is responsible for any permit or plan check fees. Feel free to contact me with any questions. We are available to discuss this proposal at your convenience. This cost proposal is valid for a period of 90 days.
Sincerely,
C. Shem Hawes, PE ([email protected])
Principal, Principal Engineer
CSH:ph
W:\Proposals\2025 Proposals\Fullerton\PF25063.00-Garden Grove-Well 29 Restoration\Proposal Fee\Fee Cover Letter Template - Rev1.docx
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314
Item 476/2025
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Samuel Kim
Dept: City Manager Dept: Public Works
Date: 1/13/2026
Subject: Award a contract to American Asphalt South, Inc., for on-call Reclaimed Asphalt Pavement (RAP) slurry seal services, IFB S-1384. (Intial Half Year Cost: Not to exceed $550,000)(Action Item)
OBJECTIVE
To receive authorization to award a contract to American Asphalt South, Inc., for the on-call Reclaimed Asphalt Pavement (RAP) Slurry Sealing IFB No. S-1384 on various city streets.
BACKGROUND
The Public Work Streets Division performs annual pavement maintenance to extend roadway life and reduce long-term repair costs. To comply with the City’s 5-Year Pavement Management Plan (PMP) and complete slurry seal work that is not performed in-house, the City issued a formal Invitation for Bids (IFB) for on-call slurry seal services, including slurry application and optional equipment, and operator services.
DISCUSSION
An IFB was issued and posted for on-call slurry seal, equipment, and operator services on Planet Bids for vendors to bid on. The bid was posted from October 24, 2025 and closed on November 24, 2025. Four (4) responsive bids were received. American Asphalt South, Inc. submitted the lowest responsive bid with a total evaluated amount of $690,000, based on estimated quantities for Type 1 and Type II slurry seal. The remaining bidders ranged from $1,240,000 to $3,450,000. Awarding the contract to American Asphalt South ensures competitive pricing and supports delivery of pavement preservation projects in accordance with the City’s 5-Year Pavement Management Plan (PMP). The bid results are as follows:
315
Item 476/2025
Company Name Type I
(1,000,000
Sq. Ft)
Type I Cost Type II
(2,500,000
Sq. Ft.)
Type II Cost TOTAL BID
AMOUNT
American Asphalt
South, Inc.
$0.19 $190,000 $0.20 $500,000 $690,000
Union Pavement
Services, Inc.
$0.34 $840,000 $0.36 $900,000 $1,240,000
Horizons
Construction
Company Int. Inc
$0.84 $840,000 $0.85 $2,125,000 $2,965,000
Pavement Coatings,
Inc.
$1.00 $1,000,000 $0.98 $2,450,000 $3,450,000
The licenses and references of the contractor have been reviewed and verified by staff, and all other documentation is in order.
FINANCIAL IMPACT
The contract amount under the agreement shall not exceed $550,000 for the initial performance period of the agreement (January 1, 2026 to June 30, 2026) which includes $345,000 for Part I: Type I and Type II RAP Slurry seal services and $210,000 for equipment and operator services (Option A).
If exercised, the four (4) optional renewal years shall each have a not to exceed amount of $1,100,000 per fiscal year, which includes $690,000 for Part I: Type I and Type II RAP slurry seal services and $410,000 for equipment and operator services (Option A), subject to annual budget appropriations.
This contract will be funded with the annual City Operating Budget and Gas Tax available in the 2025-26 Street Division Budget.
RECOMMENDATION
It is recommended that the City Council:
Award a contract to American Asphalt South, Inc. for on-call slurry seal, equipment, and operator services, in the amount not to exceed $550,000 for the initial performance period from January 1, 2026 to June 30, 2026, with four (4) optional one-year term renewals in the amount not to exceed $1,100,00 per year, to be exercised at the City’s discretion; Authorize the City Manager, or designee, to execute the agreement and make minor modification as appropriate thereto on behalf of the City; and 316
Item 476/2025
Authorize the City Manager, or designee, to execute option year amendments, within the approved budget, and make minor modifications as appropriate thereto on behalf of the City.
By: Raul Leyva, Public Works Supervisor
ATTACHMENT(S)
1. Bid Results
2. Agreement
317
Company Name
Type I
(1,000,000
Sq .Ft.)
Type I
Extended Cost
Type II
(2,500,000
Sq. Ft.)
Type II
Extended Cost TOTAL BID AMOUNT
1 American Asphalt South $0.19 $190,000.00 $0.20 $500,000.00 $690,000.00 2 Union Pavement Services,
Inc. $0.34 $340,000.00 $0.36 $900,000.00 $1,240,000.00
3 Horizons Construction
Company Int. Inc. $0.84 $840,000.00 $0.85 $2,125,000.00 $2,965,000.00 4 Pavement Coatings, Inc. $1.00 $1,000,000.00 $0.98 $2,450,000.00 $3,450,000.00 IFB S-1384
BID RESULTS FOR
ON CALL SLURRY SEAL
318
SECTION 4 - AGREEMENT
PROJECT AGREEMENT
THIS AGREEMENT is made this ___ day of ______________, 2025, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY"), American Asphalt South, Inc., hereinafter referred to as ("CONTRACTOR").
RECITALS:
The following recitals are a substantive part of this Agreement:
This Agreement is entered into pursuant to Garden Grove COUNCIL AUTHORIZATION, DATED ____________________.
CITY desires to utilize the services of Furnish all Labor, Material, Tools and Equipment for the 2026 On-Call (RAP) Reclaimed Asphalt Pavement Slurry Seal and Asphalt Cold Milling per IFB S-1384.
CONTRACTOR is qualified by virtue of experience, training, education, and expertise to accomplish services.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
4.0 Compensation. CONTRACTOR shall be compensated as follows:
Compensation under this agreement shall be a Not to exceed (NTE) amount of ($550,000.00), for the initial performance period of the agreement (January 1, 2026 to June 30, 2026), of which $345,000 is for Part I: Type I and Type II RAP Slurry, and $210,000.00 is for the equipment and operators in Option A, payable in arrears and in accordance with Bid Schedule (Attachment B), which is attached and is hereby incorporated by reference. The four optional fiscal year renewals shall be in an amount not to exceed $1,100,000.00, per fiscal year, of which $690,000.00 is for Part I: Type I and Type II RAP Slurry, and $410,000.00 is for the equipment and operators in Option A, payable in arrears and in accordance with Bid Schedule (Attachment B).
Payment for work under this Agreement shall be made per invoice for work completed. All work shall be in accordance with Bid No. S-1384 and the Plans and Specifications (Attachment A), which are attached and are hereby incorporated by reference.
Pricing shall remain firm for the first year of the performance period. For the second year, Contractor may request an increase for material only. Thereafter, contractor may request pricing increase prior to the signing of each option year. 319
Contractor may receive additional compensation for material increases based upon The California Statewide Paving Asphalt Price Index when an increase in materials exceeds five percent (5%) for the month in which bid opening for the project occurred. To exercise this option the Contractor must notify the City of its intent by Certified mail prior to initializing any portion of the project(s) affected by the proposed material cost increase(s). The City shall then have the option of increasing the rate of compensation, decreasing the scope of work, or terminating the agreement.
4.1 General Conditions. CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR'S investigation of all such matters and is in no way relying upon any opinions or representations of CITY. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, Plans and Specifications, and Contractor's Proposal, are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract.
"Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR'S own risk and expense. The decision of the Engineer shall be final.
4.2 Materials and Labor. CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR'S own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the CITY, to complete the project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, CITY may settle such claims by making demand upon the surety to this Agreement. In the event of the failure of refusal of the surety to satisfy said claims, CITY may settle them directly and deduct the amount of payments from the Contract price and any amounts due to CONTRACTOR. In the event CITY receives a stop notice from any laborer or material supplier alleging non-payment by CONTRACTOR, CITY shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees.
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4.3 Project. The PROJECT is described as of Furnish all Labor, Material, Tools and Equipment for the 2026 On-Call (RAP) Reclaimed Asphalt Pavement Slurry Seal and Asphalt Cold Milling per the bid specifications.
4.4 Plans and Specifications. The work to be done is described in a set of detailed Plans and Specifications for: Enclosed are the necessary specifications and related documents to submit a bid of Furnish all Labor, Material, Tools and Equipment for the 2026 On-Call (RAP) Reclaimed Asphalt Pavement Slurry Seal and Asphalt Cold Milling per the bid specifications.
Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. The work to be done must also be in accordance with the General Provisions, Standard Specifications and Standard Plans of City which are also incorporated herein and referred to by reference.
4.5 Time of Commencement and Completion. The performance period shall be from January 1, 2025 through June 30, 2026, with four (4) fiscal year options to renew. The contract may be extended one fiscal year at a time, at the sole option of the CITY, to a maximum of five (5) years. CONTRACTOR agrees to commence the Project within TEN (10) calendar days from the date set forth in the "Notice to Proceed.
4.6 Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR'S work in conformance with an approved construction progress schedule. CONTRACTOR shall coordinate the work covered by this Contract with that of all other contractors, subcontractors and of the CITY, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 4.5 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of CONTRACTOR on the premises.
4.7 Excusable Delays. CONTRACTOR shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather; damages caused by fire or other casualty for which CONTRACTOR is not responsible; and act, neglect or default of CITY; failure of CITY to make timely payments to CONTRACTOR; late delivery of materials required by this CONTRACT to be furnished by CITY; combined action of the workers in no way caused by or resulting from default or collusion on the part of CONTRACTOR; a lockout by CITY; or any other delays unforeseen by CONTRACTOR and beyond CONTRACTOR'S reasonable control.
321
City shall extend the time fixed in Section 4.5 herein for completion of the Project by the number of days CONTRACTOR has thus been delayed, provided that CONTRACTOR presents a written request to CITY for such time extension within fifteen (15) days of the commencement of such delay and CITY finds that the delay is justified. CITY'S decision will be conclusive on the parties to this Contract.
Failure to file such request within the time allowed shall be deemed a waiver of the claim by CONTRACTOR.
No claims by CONTRACTOR for additional compensation or damages for delays will be allowed unless CONTRACTOR satisfies CITY that such delays were unavoidable and not the result of any action or inaction of CONTRACTOR and that CONTRACTOR took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section 9-103A of the State of California Department of Transportation Standard Specifications. The CITY'S decision will be conclusive on all parties to this Contract.
4.8 Extra Work. The Contract price includes compensation for all work performed by CONTRACTOR, unless CONTRACTOR obtains a written change order signed by a designated representative of CITY specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 4.9 hereof. CITY shall extend the time fixed in Section 4.5 for completion of the Project by the number of days reasonably required for CONTRACTOR to perform the extra work, as determined by CITY'S Engineer. The decision of the Engineer shall be final.
4.9 Changes in Project.
4.9.1 CITY may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes:
a. in the Specifications (including drawings and designs); b. in the time, method or manner of performance of the work; c. in the City-furnished facilities, equipment, materials, services or site; or
d. directing acceleration in the performance of the work.
4.9.2 A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the CITY which causes any change, provided CONTRACTOR gives the CITY written notice stating the date, circumstances and source of the order and that CONTRACTOR regards the order as a change order.
4.9.3 Except as provided in this Section 4.9, no order, statement or conduct of the CITY or its representatives shall be treated as a change under this Section 9 or entitle CONTRACTOR to an equitable adjustment. 322
4.9.4 If any change under this Section 4.9 causes an increase or decrease in CONTRACTOR'S actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the CITY shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (4.9.2) above shall be allowed for any costs incurred more than 20 days before the CONTRACTOR gives written notice as required in paragraph (4.9.2). In the case of defective specifications for which the CITY is responsible, the equitable adjustment shall include any increased direct cost CONTRACTOR reasonably incurred in attempting to comply with those defective specifications.
4.9.5 If CONTRACTOR intends to assert a claim for an equitable adjustment under this Section 4.9, it must, within thirty (30) days after receipt of a written change order under paragraph (4.9.1) or the furnishing of a written notice under paragraph (4.9.2), submit a written statement to the CITY setting forth the general nature and monetary extent of such claim.
The CITY may extend the 30-day period. CONTRACTOR may include the statement of claim in the notice under paragraph (4.9.2) of this Section
4.9. 4.9.6 No claim by CONTRACTOR for an equitable adjustment shall be allowed if made after final payment under this Agreement.
4.9.7 CONTRACTOR hereby agrees to make any and all changes, furnish the materials and perform the work that CITY may require without nullifying this Contract. CONTRACTOR shall adhere strictly to the Plans and Specifications unless a change therefrom is authorized in writing by the CITY. Under no condition shall CONTRACTOR make any changes to the Project, either in additions or deduction, without the written order of the CITY and the CITY shall not pay for any extra charges made by CONTRACTOR that have not been agreed upon in advance in writing by the CITY. CONTRACTOR shall submit immediately to the CITY written copies of its firm's cost or credit proposal for change in the work.
Disputed work shall be performed as ordered in writing by the CITY and the proper cost or credit breakdowns therefor shall be submitted without delay by CONTRACTOR to CITY.
4.10 Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 4.5 herein, plus the allowance made for delays or extensions authorized under Section 4.7, 4.8 and 4.9 herein, the CITY will sustain damage which would be extremely difficult and impractical to ascertain.
The parties therefore agree that CONTRACTOR will pay to CITY the sum of two hundred and fifty dollars ($250.00) per day for each and every calendar day during which completion of the Project is so delayed. CONTRACTOR agrees to pay such liquidated damages and further agrees that CITY may offset the 323
amount of liquidated damages from any moneys due or that may become due CONTRACTOR under the Contract.
4.11 Contract Price and Method of Payment. CITY agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum as itemized in the bid schedule. Progress payments shall be made to the CONTRACTOR per month for each successive month as the work progresses. The CONTRACTOR shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety five percent (95%) of the value of the work completed, less all previous payments, provided that the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule. The CITY will retain five percent (5%) of the amount of each such progress estimate and material cost until 30 days after the recordation of the Notice of Completion.
Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the CITY'S Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract. Partial payments of the Contract price shall not be considered as an acceptance of any part of the work.
4.12 Substitution of Securities in Lieu of Retention of Funds. Pursuant to California Public Contract Code Section 22300, the CONTRACTOR will be entitled to post approved securities with the CITY or an approved financial institution in order to have the CITY release funds retained by the CITY to ensure performance of the Contract. CONTRACTOR shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution.
4.13 Completion. CITY may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier in connection with Stop Notices, which have been filed under the provisions of the statutes of the State of California.
4.14 Contractor's Employee Compensation.
4.14.1 General Prevailing Rate. CITY has ascertained CONTRACTOR shall comply with all applicable requirements of Division 2, Part 7, Chapter 1 of the California Labor Code and all applicable federal requirements respecting the payment of prevailing wages. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates determined by the Director of the Department of Industrial Relations (DIR) for similar classifications of labor, the CONTRACTOR and its Subcontractors shall pay not less than the higher wage rate. The DIR will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other 324
classification not appearing in the Federal Wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the CONTRACTOR and Subcontractors, the CONTRACTOR and its Subcontractors shall pay not less than the Federal Minimum wage rate which most closely approximates the duties of the employees in question.
4.14.2 Forfeiture for Violation. CONTRACTOR shall, as a penalty to the CITY, forfeit one hundred dollars ($100.00) for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California.
4.14.3 Apprentices. Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices is applicable to this Contract and the CONTRACTOR shall comply therewith; provided, however, that this requirement shall not apply if and/or to the extent that the Contract of the general CONTRACTOR, or the contracts of specialty contractors not bidding for work through a general or prime contractor involves less than thirty thousand dollars ($30,000.00).
4.14.4Workday. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him thereunder except as provided in paragraph (4.14.1) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et sep.) of the Labor Code of the State of California and shall forfeit to the CITY as a penalty, the sum of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article.
CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project.
4.14.5 Record of Wages: Inspection. CONTRACTOR agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. The applicable CONTRACTOR or subcontractor or its agent having authority over such matters shall certify all payroll records as accurate.
CONTRACTOR further agrees that its payroll records and those of its 325
subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. CONTRACTOR shall comply with all of the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code section 1771.4(a)(3).
4.14.6 CONTRACTOR REGISTRATION; MAINTENANCE OF PAYROLL
RECORDS; JOB SITE POSTING
4.14.6.1 Contractor Registration. CONTRACTOR and its
subcontractors must be registered with the California
Department of Industrial Relations pursuant to Labor Code Section 1725.5. This Agreement shall not be effective until CONTRACTOR provides proof of registration to the CITY.
4.14.6.2 Payroll Records. CONTRACTOR shall maintain
accurate payroll records and shall comply with all of the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to
Labor Code section 1771.4(a)(3).
4.14.6.3 Posting of Job Site Notices. CONTRACTOR shall
comply with the job site notices posting requirements
established by the Labor Commissioner pursuant to Title 8, California Code of Regulations Section 16461(e) or other regulation promulgated pursuant to Labor Code Section
1771.4(a)(2).
4.14.6.4 Notice of DIR Compliance Monitoring and
Enforcement. Pursuant to Labor Code Section 1771.4, this Project is subject to compliance monitoring and
enforcement by the California Department of Industrial
Relations.
4.15 Surety Bonds. CONTRACTOR shall, upon entering into performance of this Agreement, furnish bonds in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approve by the CITY. The Surety Company must have an AM Best rating of A- VII or better.
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4.16 Insurance.
4.16.1 CONTRACTOR is also aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance with provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract.
4.16.2 CONTRACTOR and all subcontractors will carry and provide Workers' Compensation insurance for the protection of its employees during the progress of the work and provide Employers Liability in an amount not less than $1,000,000. The insurer shall waive its rights of subrogation against the CITY, its officers, agents and employees and shall issue a certificate to the policy evidencing same.
4.16.3 For any claims related to this Agreement, CONTRACTOR’S insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or selfinsurance maintained by the CITY, its officers, officials, employees, agents, or volunteers shall by excess of the CONTRACTOR’S insurance and shall not contribute with it.
4.16.4 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish certificates of insurance and endorsements evidencing the foregoing insurance coverage and such certificates of insurance and endorsements shall provide the name and policy number of each carrier and that the insurance is in force and will not be cancelled without 30 days written notice to the CITY. CONTRACTOR shall maintain all of the foregoing insurance in force until the work under this contract is satisfactorily and fully completed to the satisfaction of the CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by Contractor under Section 4.17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company having a Best's Guide Rate of A-, Class VII or better (claims made and modified occurrence policies are not acceptable).
4.16.5 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 the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance. Contractor shall also provide a waiver of subrogation for each policy.
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4.16.6 INSURANCE AMOUNTS. CONTRACTOR and all subcontractors shall maintain the following insurance in the amount and type for the duration of this Agreement:
(a) Commercial general liability in an amount not less than $5,000,000 per occurrence, and not excluding XCU; (claims made and modified occurrence policies are not
acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
(b) Automobile liability in an amount not less than $5,000,000 combined single limit; (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
(c) Excess liability, follows form coverage, shall be provided for any underlying policy that does not meet the insurance requirements set forth herein.(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.
An Additional Insured Endorsement, ongoing and productscompleted operations, for the policy under section 4.16.6 (a) shall designate CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, 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 insurance and endorsement forms that conform to city’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.16.6 (b) shall designate CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, 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.
In the event any of CONTRACTOR’S underlying policies do not meet policy limits within the insurance requirements, CONTRACTOR shall provide coverage under the excess liability policy in 4.16.6 (c). Policy must be a follows form excess/umbrella policy. CONTRACTOR shall provide the schedule of underlying polices for an excess liability policy, 328
state that the excess policy follows form on the insurance certificate, and provide an additional insured endorsement for the excess liability policy designating CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, as additional insureds.
For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers, for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
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.
4.17 Risk and Indemnification. All work covered by this Contract done at the site of the Project or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify and keep CITY, its Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (CONTRACTOR'S employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigation arising through the active negligence or sole willful misconduct of CITY and will make good to reimburse CITY for any expenditures, including reasonable attorneys' fees CITY may incur by reason of such matters, and if requested by CITY, will defend any such suits at the sole cost and expense of CONTRACTOR.
4.18 Termination.
4.18.1 This Contract may be terminated in whole or in part in writing by the CITY for its convenience, provided that the CONTRACTOR is given (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination.
Termination of contract shall conform to Section 8-1.11 of the State of California, Department of Transportation Standard Specifications. 329
4.18.2 If termination for default or convenience is effected by the CITY, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the CONTRACTOR at the time of termination may be adjusted to cover any additional costs to the CITY because of the CONTRACTOR'S default. The equitable adjustment for any termination shall provide for payment to the CONTRACTOR for services rendered and expenses incurred in accordance with section 8-1.11 of the State of California, Department of Transportation Standard Specifications.
4.18.3 Upon receipt of a termination action under paragraph (4.18.1) or (4.18.2) above, the CONTRACTOR shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing this Contract whether completed or in process.
4.18.4 Upon termination under paragraphs (4.18.1) and (4.18.2) above, the CITY may take over the work and may award another party an agreement to complete the work under this Contract.
4.19 Warranty. The CONTRACTOR agrees to perform all work under this Contract in accordance with the CITY'S designs, drawings and specifications.
The CONTRACTOR guarantees for a period of one (1) year from the date of the notice of completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs or any damage to other parts of the system resulting from such defects. The CITY shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, the CITY may do so and charge the CONTRACTOR the cost incurred.
The performance bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR'S obligations under this clause are in addition to the CONTRACTOR'S other express or implied assurances provided under this Contract and in no way diminish any other rights that the CITY may have against the CONTRACTOR for faulty materials, equipment or work.
4.20 Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, each party shall be responsible for their own attorneys' fees, costs and necessary expenses. If any action is brought against the CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold, which named the CITY as a party to said action, the CITY shall be 330
entitled to all attorneys' fees, costs and necessary disbursements arising out of the defense or such action by the CITY. The CITY shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not.
4.21 Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing.
To CITY: City of Garden Grove
City Attorney
11222 Acacia Parkway
Garden Grove, California 92840
To CONTRACTOR: American Asphalt South, Inc.
Attention: Jeff Petty, President
2990 Myers Street
Riverside, CA 92903
\ \ \ \
(Agreement Signature Block on Next Page)
331
IN WITNESS THEREOF, these parties have executed this Project Agreement on the day and year shown below.
Date:________________________ "CITY”
CITY OF GARDEN GROVE
By: __________________________
City Manager
ATTEST:
_____________________________
City Clerk
Date:_________________________
"CONTRACTOR"
American Asphalt South, Inc.
Contractor's State Lic. No._________
Expiration Date: ________________
By: __________________________
Title: _________________________
Date: _________________________
Tax ID No. _____________________
DIR Registration No.______________
If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to the CITY.
APPROVED AS TO FORM:
_____________________________
Garden Grove City Attorney
332
ATTACHMENT “A”
IFB NO. S-1384
SCOPE OF WORK AND BID SPECIFICATIONS
Enclosed are the necessary specifications and related
documents to submit a bid to Furnish all Labor, Material, Tools, Equipment and Incidentals for 2026 On-Call
Reclaimed Asphalt Pavement (RAP) Slurry Seal and Asphalt Cold Milling, per the bid specifications.
333
ATTACHMENT “A”
IFB S-1384
SCOPE OF WORK/BID SPECIFICATIONS
Furnish all Labor, Material, Tools, Equipment and Incidentals for 2026 OnCall Reclaimed Asphalt Pavement (RAP) Slurry Seal and Asphalt Cold Milling, per the bid specifications
Project Description: The work shall consist of formulating a mix design, cleaning pavement surfaces, mixing and applying a reclaimed asphalt pavement (RAP) slurryseal surface treatment, and protecting the completed slurry seal until set. The completed slurry seal shall leave a homogenous mat, adhere firmly to the prepared surface, and have a skid resistant surface texture. All work shall be in accordance with the “Greenbook”, Standard Specifications for Public Works Construction, latest edition, unless otherwise described herein. All work shall be done in a workman-like manner, within the prescribed time limits, and as directed by the engineer. As used throughout this specification, the term “Engineer” shall mean the Director of Public Works or his designated representative.
License Requirements:
Bidders shall submit proof of at least one of the following current licenses with their bid package as required in the Technical Specification of this document and in accordance with Section 3300 of the State Code.
1. Class A-General Engineering Contractors License, or
2. C12-Earthwork and Paving Contractors, or
3. C32-Parking and Highway Improvement Contractors
Prevailing Wages:
Prevailing wages are required for this project as defined by Labor Code, section 1771. Per Labor Code, Section 1773.2, copies of the prevailing rate of per diem wages are on file with the City and will be made available to any interested party upon written request
Registration with the DIR (Department of Industrial Relations):
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid schedule, or enter into a contract to perform public work, must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of contractor and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 334
1771.1.
Provide proof of current registration with the Department of Industrial Relations along with Registration Numbers for the General Contractor and all Sub-Contractors listed.
Bidders must be registered with the DIR at the time their bid is submitted or the bid will not be accepted and considered non-responsive.
Bid Submittal Instructions: The electronic bid submittal must have all of the required documents or it may be deemed as non-responsive at the discretion of the City. Please submit the bid package in person as a paper document AND as one PDF file on the City’s Planet Bids portal under the “General Attachments” as seen below.
Basis of Bid Award: The lowest responsible bid will be awarded based on the pricing in PART I for furnishing and placing of the Type I and Type II Recycled Asphalt Pavement (RAP) Slurry Seal on various streets within the City of Garden Grove on a “per square foot” basis. The City reserves the right to include Option A as part of the contract based on current budgeted funds.
335
Item 481/2025
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Samuel Kim
Dept: City Manager Dept: Public Works
Date: 1/13/2026
Subject: Award a contract to Canyon Springs Enterprises for Project No. CP1328000 – Trask Reservoirs Rehabilitation Project. (Cost: $3,751,610)(Action Item)
OBJECTIVE
To recommend that City Council award a contract to Canyon Springs Enterprises for construction of Project No. CP1328000 – Repair and Rehabilitation of Water Storage Reservoirs Phase II - Trask Reservoirs Rehabilitation Project.
BACKGROUND
The City completed the condition evaluation and assessment of its eight (8) reservoirs in December 2013. A list of recommended repairs and rehabilitation for each reservoir was established. Following the condition evaluation and assessment, the design of the repair and rehabilitation for Trask Reservoirs was completed in 2025.
The Trask Reservoirs are located at the northwest corner of Trask Avenue and Magnolia Street with gated entrances at three (3) driveways. The project includes: Rehabilitation of the existing 5-million-gallon Trask Reservoir West and 5-million-gallon Trask Reservoir East including but not limited to reservoir cleaning, concrete and sealant repair, safety improvements, interior pipe recoating, steel grating covers, cathodic protection improvements, instrumentation and control improvements, connection, and integration to the City’s SCADA systems; and disinfection; site lighting improvements; AC paving rehabilitation/replacement and concrete cross-gutter repair; and valve rehabilitation/replacement.
DISCUSSION
Four (4) bids were received and opened by the City Clerk’s Office on December 10, 2025, at 11:00 a.m. (see Bid Summary Sheet). The lowest responsive bidder is Canyon Springs Enterprises, with a total bid of $3,751,610. The contractor’s licenses and references have been reviewed and verified by staff, and all other documentation is in order. 336
Item 481/2025
The anticipated contract schedule is as follows:
Award contract January 13, 2026
Begin construction February 23, 2026
Complete construction January 22, 2027
FINANCIAL IMPACT
There is no impact to the General Fund. This project is included in the 2025-26 Capital Improvement Budget and will be financed with Water Funds, in the amount of $3,751,610.
RECOMMENDATION
It is recommended that the City Council:
Award a contract to Canyon Springs Enterprises in the amount of $3,751,610 for the construction of Project No. CP1328000 - Trask Reservoirs Rehabilitation Project; and
Authorize the City Manager, or designee, to execute the agreement on behalf of the City, and make minor modifications as appropriate.
By: Liyan Jin, P.E.
Associate Engineer
ATTACHMENT(S)
1. Bid Summary Sheet
2. Construction Agreement
337
ATTACHMENT NO. 1
CITY OF GARDEN GROVE
PUBLIC WORKS DEPARTMENT
WATER SERVICES DIVISION
BID SUMMARY SHEET
PROJECT: Trask Reservoirs Rehabilitation Project
No. CP1328000
BID OPENING
DATE: December 10, 2025
TIME: 11:00 AM
Engineer’s
Project Name Estimate Contract Amount
Trask Reservoirs Rehabilitation Project
No. CP1328000
$3,496,000 $3,751,610
Bidder’s Name Total Bid
%Under/Over
Engineers Estimate
1. 2 Canyon Springs Enterprises $3,751,610.00 7.31%
2. MMC Inc. $3,867,750.00 10.63%
3. Pacific Hydrotech Corporation $3,950,170.00 12.99%
4. Vicon Enterprise $5,130,000.00 46.74%
338
SECTION 5 - AGREEMENT
1 SECTION 5 - CONSTRUCTION AGREEMENT
THIS AGREEMENT is made this 13 day of January, 2026, by the CITY OF GARDEN GROVE (“CITY”), and Canyon Springs Enterprises, hereinafter referred to as (“CONTRACTOR”) RECITALS:
The following recitals are a substantive part of this Agreement:
1. This Agreement is entered into pursuant to City of Garden Grove Council Authorization dated January 13, 2026.
2. CITY desires to utilize the services of CONTRACTOR to furnish material, equipment, and labor for REPAIR AND REHABILITATION OF WATER STORAGE RESERVOIRS PHASE II – TRASK RESERVOIRS REHABILITATION PROJECT - Project No.
CP1328000 -- Drawing No. W-643.
3. CONTRACTOR is qualified by virtue of experience, training, education, and expertise to accomplish services.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
5.1 General Conditions. CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR'S investigation of all such matters and is in no way relying upon any opinions or representations of CITY. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, Plans, Specifications and CONTRACTOR's Proposal, are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its SUBCONTRACTORs, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract.
"Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to CITY’S Engineer, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR's own risk and expense. The decision of the Engineer shall be final. 339
SECTION 5 - AGREEMENT
2 5.2 Materials and Labor. CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR'S own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the CITY, to construct and complete the project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, CITY may settle such claims by making demand upon the surety to this Agreement. In the event of the failure or refusal of the surety to satisfy said claims, CITY may settle them directly and deduct the amount of payments from the Contract price and any amounts due to CONTRACTOR. In the event CITY receives a stop notice from any laborer or material supplier alleging non-payment by CONTRACTOR, CITY shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees.
5.3 Project. The PROJECT is described as: REPAIR AND REHABILITATION OF WATER STORAGE RESERVOIRS PHASE II – TRASK RESERVOIRS REHABILITATION PROJECT - Project No. CP1328000 – Drawing No. W-643.
5.4 Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: REPAIR AND REHABILITATION OF WATER STORAGE RESERVOIR PHASE II – TRASK - Project No. CP1328000—Spec. 788 -- Drawing No.
W-643.
Said Plans and Specifications and any revision, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. The work to be done must also be in accordance with the General Provisions, Standard Specifications and Standard Plans of the CITY, which are also incorporated herein and referred to by, reference.
5.5 Time of Commencement and Completion. CONTRACTOR shall have twenty-one (21) calendar days from the award of the Contract to execute the Contract and supply CITY with all of the documents and information required by the Instruction to Bidders and the other Contract Documents, including but not limited to, the necessary bonds and insurance certificates and endorsements. Once the CITY receives the executed Contract and all of the other properly drafted and executed documents and information, it may issue a Notice to Proceed to the CONTRACTOR. If CONTRACTOR refuses or fails to execute the Contract or refuses or fails to provide the required documents and information within the twenty-one (21) calendar days, the CITY may then rescind the award of the Contract and then award the Contract to the next lowest responsive and responsible bidder.
Notice to Proceed will be issued upon the award of contract for the construction of the project. CONTRACTOR shall diligently prosecute the work to completion within two hundred twenty five (225) total working days excluding delays caused or authorized by the CITY as set forth in Sections 5.7, 5.8 and 5.9 hereof.
5.6 Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR'S work in conformance with an approved construction progress schedule.
CONTRACTOR shall coordinate the work covered by this Contract with that of all other CONTRACTORs, SUBCONTRACTORs and of the CITY, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5.5 herein. CITY shall 340
SECTION 5 - AGREEMENT
3 have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other SUBCONTRACTORS, and, in general, all matters representing the timely and orderly conduct of the work of CONTRACTOR on the premises.
5.7 Excusable Delays. CONTRACTOR shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather; damages caused by fire or other casualty for which CONTRACTOR is not responsible; any act of negligence or default of CITY; failure of CITY to make timely payments to CONTRACTOR; late delivery of materials required by this CONTRACT to be furnished by CITY; combined action of the workers in no way caused by or resulting from default or collusion on the part of CONTRACTOR; a lockout by CITY; or any other delays unforeseen by CONTRACTOR and beyond CONTRACTOR's reasonable control.
CITY shall extend the time fixed in Section 5.5 herein for completion of the Project by the number of days CONTRACTOR has thus been delayed, provided that CONTRACTOR presents a written request to CITY for such time extension within fifteen (15) days of the commencement of such delay and CITY finds that the delay is justified. CITY 'S decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by CONTRACTOR.
No claims by CONTRACTOR for additional compensation or damages for delays will be allowed unless CONTRACTOR satisfies CITY that such delays were unavoidable and not the result of any action or inaction of CONTRACTOR and that CONTRACTOR took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities would be determined in accordance with SPECIAL PROVISIONS and Section 3-3 of the Standard Specifications for Public Works Construction 2009 Edition (GREEN BOOK). The CITY’S decision will be conclusive on all parties to this Contract.
5.8 Extra Work. The Contract price includes compensation for all work performed by CONTRACTOR, unless CONTRACTOR obtains a written change order signed by a designated representative of CITY specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 5.9 hereof.
CITY shall extend the time fixed in Section 5.5 for completion of the Project by the number of days reasonably required for CONTRACTOR to perform the extra work, as determined by CITY’S Engineer. The decision of the Engineer shall be final.
5.9 Changes in Project.
5.9.1 CITY may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes:
a. In the Specifications (including drawings and designs); b. In the time, method or manner of performance of the work; c. In the CITY -furnished facilities, equipment, materials, services or site; or d. Directing acceleration in the performance of the work. 341
SECTION 5 - AGREEMENT
4 If CONTRACTOR believes that the written order issued as part of this Section 5.9.1 has caused an increase in costs or time, the CONTRACTOR shall submit a written request for equitable adjustment to the CITY that includes a detailed cost breakdown and time impact analysis in sufficient detail to allow the CITY to analyze the request. Said notice shall be submitted via certified mail within twenty (20) days of the CONTRACTOR’S receipt of the written order. CONTRACTOR’S failure to submit the written request for equitable adjustment within the required twenty (20) days shall constitute a waiver of any potential change order or claim for said alleged change. The CITY shall review CONTRACTOR’S request and shall provide a written response within thirty (30) days of receipt of the request either approving or denying the request.
5.9.2 A change may also be any other conflict, difficulty or issue which the CONTRACTOR believes caused any change to the CONTRACTOR’S costs or project schedule, provided CONTRACTOR gives the CITY written notice and a request for equitable adjustment that includes a detailed cost breakdown and time impact analysis in sufficient detail to allow the CITY to analyze the request. The notice shall also state the date the CONTRACTOR became aware of the issue, circumstances and source of the issue and that CONTRACTOR regards the issue as a change order. Said written notice shall be delivered to the CITY via certified mail within twenty (20) days of CONTRACTOR’S first notice of the issue.
CONTRACTOR’S failure to submit the notice, which includes the written request for equitable adjustment within the required twenty (20) days shall constitute a waiver of ant potential change order or claim for said alleged change. The CITY shall review CONTRACTOR’S request and shall provide a written response within thirty (30) days of receipt of the request either approving or denying the request.
5.9.3 Except as provided in this Section 5.9, no order, statement or conduct of the CITY or its representatives shall be treated as a change under this Section 5.9 or entitle CONTRACTOR to an equitable adjustment.
5.9.4 Except for claims based on defective specifications, no claim for any change under paragraph 5.9.1 or 5.9.2 above shall be allowed for any work performed more than 20 days before the CONTRACTOR gives written notice as required in paragraphs
5.9.1 and 5.9.2. In the case of defective specifications for which the CITY is responsible, the equitable adjustment shall include any increased direct cost CONTRACTOR reasonably incurred in attempting to comply with those defective specifications.
5.9.5 If CONTRACTOR intends to assert a claim for an equitable adjustment under this Section 5.9, it must, within thirty (30) days after receipt of a denial of a request for equitable adjustment under paragraphs 5.9.1 and 5.9.2, submit a written statement to the CITY setting forth the general nature and monetary extent of such claim. The CITY may extend the 30-day period. CONTRACTOR’S failure to submit the notice of a claim, within the required thirty (30) days shall constitute a waiver of the claim by the CONTRACTOR.
5.9.6 No claim by CONTRACTOR for an equitable adjustment shall be allowed if made after final payment under this Agreement.
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5 5.9.7 CONTRACTOR hereby agrees to make any and all changes, furnish the materials and perform the work that CITY may require without nullifying this Contract.
CONTRACTOR shall adhere strictly to the Plans and Specifications unless a change there from is authorized in writing by the CITY. Under no condition shall CONTRACTOR make any changes to the Project, either in additions or deductions, without the written order of the CITY and the CITY shall not pay for any extra charges made by CONTRACTOR that have not been agreed upon in advance in writing by the CITY. CONTRACTOR shall submit immediately to the CITY written copies of its firm's cost or credit proposal for change in the work.
Disputed work shall be performed as ordered in writing by the CITY and the proper cost or credit breakdowns therefore shall be submitted without delay by CONTRACTOR to CITY.
5.10 Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section
5.5 herein, plus the allowance made for delays or extensions authorized under Sections 5.7,
5.8 and 5.9 herein, the CITY will sustain damage which would be extremely difficult and impractical to ascertain. The parties therefore agree that CONTRACTOR will pay to CITY the sum of One Thousand Five Hundred dollars ($1,500.00) per day for each and every calendar day during which completion of the Project is so delayed. The liquidated damages will be applied separately to the two tank shutdowns as defined in Section 01115 of the Technical Specifications. CONTRACTOR agrees to pay such liquidated damages and further agrees that CITY may offset the amount of liquidated damages from any monies due or that may become due CONTRACTOR under the Contract.
5.11 Contract Price and Method of Payment. CITY agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of Three Million Seven Hundred Fifty-one Thousand Six Hundred Ten dollars and 00/100 ($ 3,751,610.00) as itemized in the bid proposal.
Progress payments shall be made to the CONTRACTOR on a monthly basis for each successive month as the work progresses. The CONTRACTOR shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety-five percent (95%) of the value of the work completed, less all previous payments, provided that the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule. The CITY will retain five percent (5%) of the amount of each such progress estimate and material cost until thirty-five (35) days after the recordation of the Notice of Completion.
Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the CITY’S Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract. Partial payments of the Contract price shall not be considered as an acceptance of any part of the work.
5.12 Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code § 22300, the CONTRACTOR will be entitled to post approved securities with the CITY or an approved financial institution in order to have the CITY release funds retained by the CITY to ensure performance of the Contract. CONTRACTOR shall be required to execute 343
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6 an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution.
5.13 Completion. Within ten (10) days after the contract completion date of the Project, CONTRACTOR shall file with the CITY’S Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all SUBCONTRACTORs upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. CITY may require affidavits or certificates of payment and/or releases from any SUBCONTRACTOR, laborer or material supplier.
5.14 CONTRACTOR's Employees Compensation
5.14.1 General Prevailing Rate. CITY has ascertained that State prevailing wage requirements of the California Labor Code including Sections 1770, 1771.5, 1773, 1777.5, and 1776 are required to execute this Contract. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the CONTRACTOR and the SUBCONTRACTORs shall pay not less than the higher wage rate. The CITY will not accept the lower State wage rates. This includes “helper” (or other classifications based on hours of experience) or any other classification. A copy of the prevailing rate of per diem wages shall be posted at the job site.
5.14.2 Forfeiture for Violation. CONTRACTOR shall, as a penalty to the CITY, forfeit one hundred dollars ($100.00) for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any SUBCONTRACTOR under it) less than the greater of State minimum wage rate associated with the duties of the employee in question, in accordance with the State prevailing wage requirements of the California Labor Code, including Sections 1770, 1771.5, 1773, 1777.5, and 1776.
5.14.3 Apprentices. The greater of Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices is applicable to this Contract and the CONTRACTOR shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty CONTRACTORs not bidding for work through the general or prime CONTRACTOR are two thousand dollars ($2,000.00) or more for five (5) working days or more.
5.14.4 Workday. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (5.14.2) above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California, and shall forfeit to the CITY as a penalty, the sum of twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by CONTRACTOR or any SUBCONTRACTOR for each calendar day during which 344
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7 any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article.
CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project.
5.14.5 Record of Wages: Inspection. CONTRACTOR agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual State prevailing wage paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its SUBCONTRACTORs does the same. The applicable CONTRACTOR or SUBCONTRACTOR or its agent having authority over such matters shall certify all payroll records as accurate. CONTRACTOR further agrees that its payroll records and those of its SUBCONTRACTORs shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. CONTRACTOR shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3).
The CONTRACTOR shall submit copies of certified payroll reports and cancelled checks for laborers, every week to the CITY. Certified payroll and cancelled checks submittals are due one month after start of construction and every week thereafter. If the certified payroll and cancelled checks are not submitted, the CONTRACTOR will be notified that compliance is required within five (5) working days or contract work must cease. The CITY will not be responsible for any delay or acceleration charges or any incurred costs or damages as a result of the work stoppage due to CONTRACTOR’s failure to comply. Work shall be cease in an orderly, safe fashion with all vehicle access restored, should this not occur, CITY will correct the deficiencies and deduct the cost from funds due to the CONTRACTOR. In addition, no progress payment shall be made until the copies of certified payroll reports and cancelled checks are submitted.
5.14.6 Contractor Registration. CONTRACTOR and its subcontractors must be registered with the California Department of Industrial Relations pursuant to Labor Code Section 1725.5. This Agreement shall not be effective until CONTRACTOR provides proof of registration to the CITY.
5.14.7 Posting of Job Site Notices. CONTRACTOR shall comply with the job site notices posting requirements established by the Labor Commissioner pursuant to Title 8, California Code of Regulations Section 16461(e) or other regulation promulgated pursuant to Labor Code Section 1771.4(a)(2).
5.14.8 Notice of DIR Compliance Monitoring and Enforcement. Pursuant to Labor Code Section 1771.4, this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
5.15 Surety Bonds. CONTRACTOR shall, upon entering into performance of this Agreement, furnish bonds in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and 345
SECTION 5 - AGREEMENT
8 materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the CITY.
5.16 Insurance.
5.16.1 CONTRACTOR is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract.
5.16.2 CONTRACTOR and all SUBCONTRACTORs shall carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the CITY, its Officers, Official Agents Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City and shall issue an insurance certificate and waiver of subrogation to the policy evidencing same.
5.16.3 CONTRACTOR shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations bodily injury and property damage coverage; and builders' all risk insurance. Follows Form excess liability insurance shall be provided for any underlying policy that does not meet the policy limits required by this contract. All insurance coverage shall be in amounts specified by the CITY in the Insurance Requirements and shall be evidenced by the issuance of a certificate and additional insured endorsement in forms prescribed by the CITY and shall be underwritten by insurance companies satisfactory to the CITY for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Claims made and modified occurrence policies shall not be accepted. Said insurance coverage obtained by the CONTRACTOR, excepting workers' compensation coverage, shall name the CITY, its Officers, Official, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY, as additional insured on said policies. Additional insured status shall be evidenced in the form of an Additional insured Endorsement (CG 20 10 1185). A sample is included as Appendix A of the specifications for reference.
For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects the CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents, and Employees, as determined by the CITY. Any insurance or selfinsurance maintained by the CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents, and Employees, as determined by the CITY shall be excess of the CONTRACTOR’s insurance and not contribute with it.
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9 5.16.4 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish:
COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify CITY of any material change, cancellation, or termination at least thirty (30) days in advance.
Contractor shall also provide a waiver of subrogation for each policy.
INSURANCE AMOUNTS. CONTRACTOR shall maintain all of the foregoing insurance coverage in force until the work under this Contract is fully completed.
The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 5.17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted and licensed in California and having a Best's Guide Rating of A-Class VII or better (Claims made and modified occurrence policies are not acceptable):
Workers’ Compensation As required by the State of California.
Employer’s Liability $1,000,000 per accident for bodily injury or disease.
Commercial General Liability
(including operations, products and
completed operations, and not
excluding XCU)
$5,000,000 per occurrence for bodily
injury, personal injury and property
damage. Coverage shall include mobile
equipment.
Automobile Liability, including
non-owned and hired vehicles
$2,000,000 combined single limit for
bodily injury and property damage.
Course of Construction Completed value of the project with no coinsurance penalty provisions.
Excess liability, follows form coverage, shall be provided for any underlying policy that does not meet the policy limits required and set forth herein. Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by CITY.
An Additional Insured Endorsement, ongoing and products-completed operations, and including mobile equipment, for the Commercial General Liability policy shall designate CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY 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 insurance and endorsement forms that conform to City’s requirements, as approved by the CITY.
An Additional Insured Endorsement for Automobile Liability policy shall designate CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, 347
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10 and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY 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 CITY.
A Loss Payee Endorsement for the Course of Construction policy shall designate CITY as loss payee. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to City’s requirements, as approved by the CITY.
In the event any of CONTRACTOR’S underlying policies do not meet policy limits within the insurance requirements, CONTRACTOR shall provide coverage under an excess liability policy. The policy must be a follows form excess/umbrella policy. CONTRACTOR shall provide the schedule of underlying polices for an excess/umbrella liability policy, state that the excess/umbrella policy follows form on the insurance certificate, and provide an additional insured endorsement for the excess/umbrella liability policy designating CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY as additional insureds.
A primary/non-contributory endorsement shall be provided to CITY for each policy. For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, agents, employees, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees as determined by CITY. Any insurance or self-insurance maintained by CITY, its officers, officials, agents, employees, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by CITY shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
CITY or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates.
CONTRACTOR shall pay the premiums on the insurance hereinabove required.
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
5.17 Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone.
CONTRACTOR agrees to save, indemnify and keep the CITY, its Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands 348
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11 arising from injuries or death of persons (CONTRACTOR'S employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigation arising through the negligence or willful misconduct of CITY and will make good to reimburse CITY for any expenditures, including reasonable attorneys' fees CITY may incur by reason of such matters, and if requested by CITY, will defend any such suits at the sole cost and expense of CONTRACTOR.
5.18 Termination.
5.18.1 This Contract may be terminated in whole or in part in writing by the CITY for its convenience, provided that the CONTRACTOR is given (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination.
5.18.2 If termination for default or convenience is effected by the CITY, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the CONTRACTOR at the time of termination may be adjusted to cover any additional costs to the CITY because of the CONTRACTOR'S default.
5.18.3 Upon receipt of a termination action under paragraph (5.18.1) or (5.18.2) above, the CONTRACTOR shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing this Contract whether completed or in process.
5.18.4 Upon termination under paragraphs (5.18.1) and (5.18.2) above, the CITY may take over the work and may award another party an agreement to complete the work under this Contract.
5.19 Warranty. The CONTRACTOR agrees to perform all work under this Contract in accordance with the CITY 's designs, drawings and specifications.
The CONTRACTOR guarantees for a period of one (1) year from the date of the notice of completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs or any damage to other parts of the system resulting from such defects. The CITY shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, the CITY may do so and charge the CONTRACTOR the cost incurred. The performance bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR'S obligations under this clause are in addition to the CONTRACTOR'S other express or implied assurances of this Contract or state law and in no way diminish any 349
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12 other rights that the CITY may have against the CONTRACTOR for faulty materials, equipment or work.
5.20 Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, each shall bear its own attorneys' fees, costs and necessary disbursements. Notwithstanding the foregoing, if any action is brought against the CONTRACTOR or any SUBCONTRACTOR to enforce a Stop Notice or Notice to Withhold, which named the CITY as a party to said action, the CITY shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the CITY. The CITY shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not.
5.21 Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing.
To CITY: To CONTRACTOR:
City of Garden Grove NAME: Canyon Springs Enterprises
Public Works Department ATTN: Thomas Uppena
Attention: Liyan Jin, P.E. Address: 27476 Via Industria 13802 Newhope Street Address: Temecula
Garden Grove, CA 92843 Phone Number: (951) 925-2288
(714) 741-5977
SIGNATURES ON NEXT PAGE
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SECTION 5 - AGREEMENT
13 IN WITNESS THEREOF, these parties have executed this Construction Agreement on the day and year shown below.
"CITY" CITY OF GARDEN GROVE
Date:____________________________ By:
Lisa L. Kim
City Manager
ATTEST:
City Clerk
Date:
"CONTRACTOR"
___________________________________________
CONTRACTOR'S State License No.
(Expiration Date: )
By:
Title:
Date:
APPROVED AS TO FORM:
______________________________
City of Garden Grove
City Attorney
If CONTRACTOR is a corporation, a Corporate
Resolution and/or Corporate Seal is required.
Date:___________________________
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Item 9/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Chief El-Farra
Dept: City Manager Dept: Police
Date: 1/13/2026
Subject: Introduction and First Reading of an Ordinance Approving an Updated Military Equipment Use Policy and Rescinding Ordinance No. 2960, 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 NO. 2960. (Action Item)
OBJECTIVE
To introduce an ordinance adopting 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 Garden Grove Police Department’s annual report was submitted to the City Council on December 9, 2025. Since that time, the annual report has been posted on the City’s website.
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). 352
Item 9/2026
DISCUSSION
As required by AB 481, the Department has scheduled a well-publicized and conveniently located community engagement meeting at which the public may discuss and ask questions regarding the Department’s annual military equipment report as well as the City’s funding, acquisition, and use of military equipment. That meeting is scheduled to take place on January 13, 2026, at 1 PM, preceding the January 13th meeting of the City Council, and will be held via the Zoom remote platform (https://ggcity-org.zoom.us/j/83759781338 with Meeting ID: 837 5978 1338).
Since the passage of AB 481, the City Council has approved several iterations of the Department’s Military Equipment Policy. Most recently, on November 26, 2024, the Council adopted Ordinance No. 2960 approving the current version of the Garden Grove Police Department's Military Equipment Policy and rescinding ordinances which approved prior versions of the policy. The attached ordinance, once adopted, will adopt an updated version of Military Equipment Use Policy No. 706, which updates the Department’s military equipment inventory based on current Department needs. Upon adoption, the attached ordinance will replace Ordinance No. 2960.
FINANCIAL IMPACT
At this time, there is only minimal financial impact associated with posting the military equipment use policy and Annual Report on the Department's website and publicizing and holding the required community engagement meeting.
RECOMMENDATION
It is recommended that the City Council:
Introduce and conduct the first reading of an Ordinance adopting the updated Military Equipment Use Policy No. 706 and rescinding Ordinance No. 2960.
ATTACHMENT(S)
1. 2025 GG Ordinance Adopting the Updated GGPD Military Equipment Use Policy No. 706
2. 2025 Updated GGPD Military Equipment Use Policy No. 706 353
4904-0440-1542, v. 1
ORDINANCE NO. XXXX
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. 2960.
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. 2960,
which had amended the prior 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 of 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 evaluated 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 training 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
WHEREAS, partnerships with other law enforcement agencies are an integral part of maintaining the continuity of public safety within the region; and 354
Garden Gove City Council
Ordinance No. XXXX
4904-0440-1542, v. 1
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 military 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 using, 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 Equipment 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, on November 26, 2024, the Council adopted Ordinance No. 2960 which approved an updated version of the Department’s Military Equipment Policy No. 706 and rescinded Ordinance Nos. 2944 and 2953; 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
355
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Ordinance No. XXXX
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WHEREAS, pursuant 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, pursuant 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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Ordinance No. XXXX
4904-0440-1542, v. 1
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 Department’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 expenditure 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 No. 2960 and upon its adoption Ordinance No. 2960 is 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 13th day of January, 2026, by the following vote:
AYES:
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NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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706.1 PURPOSE AND SCOPE
State
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government 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 approved 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 available 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 equipment 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 permanently 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 362
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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 website 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. .
706.9 COMPLIANCE AND OVERSIGHT
State
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(a) Compliance. All members of the Department are required to comply with this military use policy. Failure of any member to comply with 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. 364
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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 specific 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. 365
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2. 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 utilized for SWAT/HNT, critical 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 for the Department’s SWAT team during training and SWAT operations.
Quantity: 1
Purchase Price: $941,642.00
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. 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.
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.
Current Inventory:
SIG SAUER M400 RIFLE
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 223/5.56, 16-inch barrel.
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Quantity: 120
Purchase Price: $1,344.00/firearm
SIG SAUER M400 RIFLE –(MOTORCYCLE MOUNTED)
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.
Quantity: 13,500
Purchase Price: $894.60/1,000 rounds
WINCHESTER .223 REMINGTON 55GR FRANGIBLE RIFLE ROUND
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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: 5,500
Purchase Price: $464.60/1,000 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 received 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.
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 368
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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.
Combined Tactical Systems (CTS), Model 7290-9 – Multi 9 Flashbang Description: This is a multiple output Noise-Flash Diversionary Device. It is nonbursting, non-fragmenting, single-use device that provides 9 unique flash bang actions within a single hand safe assembly. The device has a fuse delay of approximately 1.5 seconds +/- 0.3 seconds and provides arrhythmic outputs approximately 0.5 seconds apart. It produces a 165-180 dB sound output with an approximate 1 million candlepower light output per charge. It is ideal for distracting potentially dangerous suspects during assaults, hostage rescues, building/room entries, or other high-risk arrest situations.
Quantity: 12
Purchase Price: $158.36 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 369
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overpressure and brilliant white light which, as a result, can cause short-term physiological/psychological sensory deprivation to give officers a tactical advantage.
Authorized Use: Diversionary Devices shall only be used:
6. By officers who have been trained in their proper use.
7. In hostage and barricaded subject situations.
8. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
9. During other high-risk situations where their use would enhance officer safety.
10. 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 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. 370
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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 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 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 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.
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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.
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, 372
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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.
TESAR-SF GREEN CAP 400 GRAIN PROPRIETARY METAL ALLOY NON TOXIC
FRANGIBLE BALLISTIC BREACHING ROUND
DESCRIPTION: Manufactured by Royal Arms, International the Tesar-SF Green Cap 400 Grain proprietary metal alloy non-toxic ballistic breaching round is used for the sole purpose of the immediate defeat of any/all door’s locking mechanisms, including but not limited to: wood doors, locks, hinges, cross-bolts, hollow core doors and light steel doors, glass windows, sliders, and interior light MDF (manufactured density fiberwood) with lock and hinge. This specific ballistic breaching round minimizes the potential for ricochet or injury to any individual who operates with the proprietary metal alloy non-toxic frangible round.
Quantity: 120
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Purchase Price: $5.50 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 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-HD BLUE CAP 500 GRAIN PROPRIETARY METAL ALLOY NON TOXIC
FRANGIBLE BALLLISTIC BREACHING ROUND
DESCRIPTION: Manufactured by Royal Arms, International the Tesar-HD Blue Cap 500 Grain proprietary metal alloy non-toxic ballistic breaching round is used for the sole purpose of the immediate defeat of any/all door’s locking mechanisms, including but not limited to: light to heavy steel doors, heavy duty locks and hinges, cross-bolts and hinges, hollow core doors, glass windows, sliders, interior light MDF (manufactured density fiberwood) with lock and hinge, and solid wood exterior doors with lock and hinge. This specific ballistic breaching round minimizes the potential for ricochet or injury to any individual who operates with the proprietary metal alloy nontoxic frangible round.
Quantity: 110
Purchase Price: $5.75
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 #4 frangible ballistic breaching round shall have 374
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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
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
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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 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 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.
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Quantity: 4
Purchase Price: $21.90 each
AERKO INTERNATIONAL AEROSOL GRENADE .99% CS, 1% OC, 6oz Description: The AERKO International Clear Out Aerosol Grenade delivers a powerful payload of OC/CS mixture concentrate in a continuous 28-second discharge. This potent mist formulation maximizes area saturation for effective deployment in confined spaces. Ideal for room clearing and area denial operations in environments such as attics, garages, or storage areas. The mist dispersion enhances inhalation effects while minimizing cleanup requirements. Canister may be hand-deployed or positioned for static dispersal. Designed for tactical effectiveness with reduced post-use maintenance. Part number A825.
Quantity: 0
Purchase Price: $25.00 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 80-100 377
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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.
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 handtightened 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 378
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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.
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 chemical 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
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Description: A compressed-air powered launcher 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: 2,000
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 380
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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: 265
Purchase Price: $25.54 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
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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 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: 550
Purchase Price: $6.75each
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.
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Quantity: 4,200
Purchase Price: $785.00/1,000 round
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 who 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
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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
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.
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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
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: 1/13/2026
Subject: Introduction and First Reading of an Ordinance adding Chapter 2.65 to the Municipal Code to enact standards for public hearing notices and other City communications, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE ADDING CHAPTER 2.65 TO TITLE 2 OF THE GARDEN GROVE MUNICIPAL CODE
ENACTING STANDARDS FOR PUBLIC HEARING NOTICES AND OTHER CITY COMMUNICATIONS. (Action Item)
OBJECTIVE
For the City Council to introduce an ordinance enacting standards for public hearings and other City communications.
BACKGROUND
At the August 12, 2025 meeting, the City Council gave direction to agendize for consideration an ordinance promoting clarity in communication between the City and the community to support the City’s open government policy.
DISCUSSION
The attached Ordinance adopts a new Chapter 2.65 to Title 2 of the Garden Grove Municipal Code enacting standards for public hearing notices and other City communications with the public.
The ordinance adopts regulations requiring the use of simple language, using street addresses when available to describe physical locations in the City, defining acronyms before using them in text, using easily readable fonts and font sizes, numbering pages in print communications, and using a standard signature block for emails, letters and memoranda.
The ordinance further confirms the City’s compliance with the requirements of the California Public Records Act.
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