Garden Grove Governing Bodies

City Council/Agency/Sanitary District/Public Financing Authority

AGENDA

Garden Grove City Council

Regular Meeting

June 14, 2011

05:30 p.m.

Community Meeting Center, Council Chamber
11300 Stanford Avenue, Garden Grove, CA 92840

William J. Dalton
Mayor
Dina Nguyen
Mayor Pro Tem
Bruce A. Broadwater
Council Member
Steven R. Jones
Council Member
Kris Beard
Council Member

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 desiring 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 prior to the start of the meeting. General comments are made during â€œOral Communications,â€ 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: Speakers must limit remarks for a total of (5) five minutes. 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.

AGENCY CLOSED SESSION 5:30 P.M.

ROLL CALL: MEMBER BEARD, MEMBER DALTON, MEMBER JONES, VICE CHAIR NGUYEN, CHAIR BROADWATER

1.	PUBLIC INPUT ON CLOSED SESSION MATTERS: (Anyone wishing to address the Closed Session item only may do so at this time.)

2.	CLOSED SESSION:

2.a.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS; Pursuant to Government Code Section 54956.8; Property: 12061 Garden Grove Boulevard, Garden Grove; Agency Negotiators: Matthew Fertal, Agency Director; Jim DellaLonga, Project Manager; Negotiating Parties: Heid Partners, Joan Heid; Under Negotiation: To obtain direction regarding the price and terms for potential acquisition of real property.

2.b.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS; Pursuant to Government Code Section 54956.8; Property: 12061 Garden Grove Boulevard, Garden Grove; Agency Negotiators: Matthew Fertal, Agency Director; Jim DellaLonga, Project Manager; Negotiating Parties: Sweet Homes Development, LLC, Brian Lam; Under Negotiation: To obtain direction regarding the price and terms for potential sale of real property.

2.c.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS; Pursuant to Government Code Section 54956.8; Property: 10150 Trask Avenue, Garden Grove; Agency Negotiator: Matthew Fertal, Agency Director; Negotiating Party: John Q. Duong, Clear Channel Outdoor - Southern California; Under Negotiation: To obtain direction regarding the price and terms for potential lease of real property.

2.d.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION; Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (One potential case)

RECESS AGENCY

CITY COUNCIL OPEN SESSION: 6:30 p.m.

INVOCATION: Kingsley Okereke, Finance Director

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

3.	PRESENTATIONS:

3.a.
Community Spotlight: Recognition of the 2011 Garden Grove Strawberry Ball King and Queen, Jerry Margolin and Arledene Donohew.

4.	ORAL COMMUNICATIONS: (To be held simultaneously with Agency, Public Financing Authority, and Sanitary District Oral Communications.)

4.a.

Public Comments

4.b.
Council Member response to Public Comments

5.	WRITTEN COMMUNICATIONS:

5.a.
Orange County Community Assistance Foundation's request to organize and operate a summer festival at Garden Grove Park on August 19 through 21, 2011.

Letter

RECESS CITY COUNCIL

CONDUCT AGENCY BUSINESS

ROLL CALL: MEMBER BEARD, MEMBER DALTON, MEMBER JONES, VICE CHAIR NGUYEN, CHAIR BROADWATER

4.	CONSENT ITEMS: (It is recommended that Items 4.a. and 4.b. be acted on simultaneously unless separate discussion and/or action is requested by a Member.)

4.a.

Updated Relocation Plan for eligible displaced tenants at the Travel Country RV Park and one adjacent business. (Also listed on the City Council agenda as Item No. 6.f.)

Memo

4.b.

Relocation Plan for the Site "C" Project located on the northeast corner of Harbor Boulevard and Twintree Lane, Garden Grove. (Also listed on the City Council agenda as Item No. 6.g.)

Memo

6.	CONSENT ITEMS: (It is recommended that Items 6.a. through 6.l. be acted on simultaneously unless separate discussion and/or action is requested by a Council Member.)

6.a.

Resolution commending Jerry Margolin and Arledene Donohew for being named 2011 Garden Grove Strawberry Ball King and Queen.

Resolution

6.b.

Adoption of Renewed Measure M Seven-Year Capital Improvement Program (CIP), and Resolution indicating compliance with the Master Plan of Arterial Highways (MPAH).

6.b.1.

A Resolution of City Council of the City of Garden Grove concerning the Status of the Circulation Element for the City of Garden Grove.

Staff Report

6.c.

Agreement with California Forensic Phlebotomy, Inc., for blood collection services on an as needed basis. (Cost: $95,000)

Staff Report

6.d.

Extension of Lease Agreement with Glen A. Wilson for property located at 11554 Salinaz Avenue, Garden Grove, for storage of property and evidence acquired by the Police Department.

Staff Report

6.e.

Exoneration of off-site Street Improvement Bonds for Tract Map No. 17299, 8802 Trask Avenue, Garden Grove.

Staff Report

6.f.
Updated Relocation Plan for eligible displaced tenants at the Travel Country RV Park and one adjacent business. (Also listed on the Agency agenda as Item No. 4.a.)

6.f.1.

A Resolution of City Council of the City of Garden Grove approving the 2011 Updated Relocation Plan for the Travel Country RV Park and one business, and making certain other findings in connection therewith.

Staff Report

6.g.
Relocation Plan for the Site "C" Project located on the northeast corner of Harbor Boulevard and Twintree Lane, Garden Grove. (Also listed on the Agency agenda as Item No. 4.b.)

6.g.1.

A Resolution of City Council of the City of Garden Grove approving the Relocation Plan for the Site ?C? Proposed Project and making certain other findings in connection therewith.

Staff Report

6.h.

Agreement with Tait & Associates, Inc., for professional civil engineering design services along Harbor Boulevard, between Palm Street and Lampson Avenue. (Cost: not to exceed $100,000)

Staff Report

6.i.

Appropriation and Allocation of FY 2010-2011 Prop 69 Funds received from the County of Orange for DNA-related equipment and collection costs. (Revenue: $104,701)

Staff Report

6.j.

Minutes of the Regular Meetings of the City Council held March 8, 2011, March 22, 2011, April 12, 2011, and April 26, 2011.

6.k.

Waiver of full reading of Ordinances listed.

6.l.

Warrants.

5.	PUBLIC HEARINGS:

5.a.
Joint Public Hearing with the Garden Grove City Council: Negative Declaration and Disposition and Development Agreement with Land & Design, Inc., for the development of real property located on the northeast corner of Harbor Boulevard at 12202, 12222, 12252, 12262, 12272, 12292, 12302 Harbor Boulevard; 12511, 12531, 12551, 12571 Twintree Lane; and 12237, 12239 Choisser Road in the Garden Grove Community Redevelopment Project Area. (To be heard in conjunction with City Council Item No. 7.c.)

5.a.1.

City Council Action: Resolution consenting to the approval by the Garden Grove Agency for Community Development of a Disposition and Development Agreement by and between the Agency and Land & Design, Inc.

5.a.2.

Agency Action: Resolution approving the Disposition and Development Agreement with Land & Design Inc., and making certain other findings in connection therewith.

Staff Report

Staff Report (cont.)

6.	ITEMS FOR CONSIDERATION:

6.a.

Joint Hearing with the Garden Grove City Council and the Garden Grove Public Financing Authority to consider the Garden Grove Agency for Community Development 2011 Tax Allocation Bonds. (Continued to June 21, 2011)

7.	MATTERS FROM AGENCY MEMBERS AND DIRECTOR:

8.	ADJOURNMENT OF AGENCY:

CONDUCT PUBLIC FINANCING AUTHORITY BUSINESS

ROLL CALL: MEMBER BEARD, MEMBER BROADWATER, MEMBER JONES, MEMBER NGUYEN, CHAIR DALTON

2.	CONSENT ITEMS:

2.a.

Approval of Minutes of the Public Financing Authority meeting held April 27, 2010.

3.	PUBLIC HEARINGS: None.

4.	ITEMS FOR CONSIDERATION:

4.a.

Joint Hearing with the City Council and the Garden Grove Agency for Community Development to consider the Garden Grove Agency for Community Development 2011 Tax Allocation Bonds. (Continued to June 21, 2011)

5.	MATTERS FROM THE CHAIR, AUTHORITY MEMBERS, AND EXECUTIVE DIRECTOR:

6.	ADJOURNMENT OF PUBLIC FINANCING AUTHORITY:

CONDUCT SANITARY DISTRICT BUSINESS

ROLL CALL: MEMBER BROADWATER, MEMBER JONES, MEMBER NGUYEN, VICE PRESIDENT BEARD, PRESIDENT DALTON

3.	PUBLIC HEARINGS: (Motion to approve will include adoption of each Resolution unless otherwise indicated.)

3.a.

Resolution adopting the report of delinquent solid waste disposal fees, and authorizing these fees be collected on the tax roll.

Staff Report

3.b.

Resolution authorizing charges for refuse collection services in Improvement District No. 1 to be collected on the tax roll.

Staff Report

3.c.

Resolution authorizing charges for sewer services in the areas of the Garden Grove Sanitary District that extend beyond the city limits and do not receive water services from the City to be collected on the tax roll.

Staff Report

4.	ITEMS FOR CONSIDERATION: None.

5.	MATTERS FROM BOARD MEMBERS AND GENERAL MANAGER:

6.	ADJOURNMENT OF SANITARY DISTRICT:

RECONVENE CITY COUNCIL

7.	PUBLIC HEARINGS: (Motion to approve will include adoption of each Resolution unless otherwise indicated.)

7.a.
Appeal of Denial of Site Plan No. SP-460-11 and Variance No. V-189-11. The Applicant, Khanh Mai Vo, requested approval to convert an existing communal recreation room into a residential dwelling unit within an existing triplex located at 8742 Stanford Avenue, Garden Grove.

Staff Report

7.b.
2010 Urban Water Management Plan.

7.b.1.

A Resolution of the City Council of the City of Garden Grove superseding Resolution Nos. 8681-05 and 8857-08 and adopting the 2010 Urban Water Management Plan pursuant to California Water Code Sections 10608 to 10657.

Staff Report

7.c.

Joint Public Hearing with the Garden Grove Agency for Community Development: Negative Declaration and Disposition and Development Agreement with Land & Design, Inc., for the development of real property located on the northeast corner of Harbor Boulevard at 12202, 12222, 12252, 12262, 12272, 12292, 12302 Harbor Boulevard; 12511, 12531, 12551, 12571 Twintree Lane; and 12237, 12239 Choisser Road in the Garden Grove Community Redevelopment Project Area. (To be heard in conjunction with Agency Item No. 5.a.)

7.c.1.

City Council Action: Resolution consenting to the approval by the Garden Grove Agency for Community Development of a Disposition and Development Agreement by and between the Agency and Land & Design Inc.

7.c.2.

Agency Action: Resolution adopting a Negative Declaration and approving the Disposition and Development Agreement with Land & Design, Inc.

Staff Report

8.	COMMISSION/COMMITTEE MATTERS:

8.a.
Letter of Resignation from Planning Commissioner Dennis Ellsworth.

Letter

9.	ITEMS FOR CONSIDERATION:

9.a.
Initiation of proceedings for the levying of FY 2011-2012 assessments for the Garden Grove Street Lighting District, Street Lighting District No. 99-1, and the Park Maintenance District.

9.a.1.

Adoption of Resolutions for the Garden Grove Street Lighting District, Street Lighting District No. 99-1, and the Park Maintenance District, pursuant to the Landscaping and Lighting Act of 1972 (Sections 22500 et seq. of the California Streets and Highways Code) initiating proceedings to levy annual assessments for the Fiscal Year 2011-12, and ordering the City Engineer to prepare and file a reports in accordance with Article 4 of Chapter 1 of said act.

9.a.2.

Adoption of Resolution approving the City Engineer?s Reports regarding the levy of an annual assessment within the City of Garden Grove Street Lighting District, City of Garden Grove Street Lighting District No. 99-1, and the City of Garden Grove Park Maintenance District for Fiscal Year 2011-12.

9.a.3.

Adoption of Resolutions of Intention of the Garden Grove Street Lighting District, Street Lighting District No. 99-1, and the Park Maintenance District, pursuant to the Landscaping and Lighting Act of 1972 (Sections 22500 et seq. of the California Streets and Highways Code), declaring its intention to levy and collect assessments for Fiscal Year 2011-12; and setting a time and place for a Public Hearing on the levy of the proposed assessments.

Staff Report

9.b.
Garden Grove Tourism Improvement District (GGTID) Advisory Board Report and Assessment for FY 2011-2012.

9.b.1.

A Resolution of City Council of the City of Garden Grove approving the annual report of the Garden Grove Tourism Improvement District Advisory Board, declaring its intention to levy assessments for Fiscal Year 2011-2012 for the Garden Grove Tourism Improvement District, fixing the time and place of a Public Hearing thereon, and giving notice thereof.

Staff Report

9.c.
Amendment to Title 1, Section 1.04.090 of the Municipal Code.

9.c.1.

ORDINANCE NO. , for introduction and first reading, by title only, entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE AMENDING SECTION 1.04.090 OF THE GARDEN GROVE MUNICIPAL CODE TO CLARIFY THAT VIOLATIONS OF STATE LAW CONSTITUTE A NUISANCE

Staff Report

9.d.

Joint Hearing with the Garden Grove Agency for Community Development and the Garden Grove Public Financing Authority to consider the Garden Grove Agency for Community Development 2011 Tax Allocation Bonds. (Continued to June 21, 2011)

10.	ORDINANCES PRESENTED FOR SECOND READING: None.

11.	MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY MANAGER:

11.a.
Rubberized Asphalt for the 22 freeway, as requested by Council Member Broadwater.

12.	ADJOURNMENT: The Garden Grove City Council is adjourned to Tuesday, June 21, 2011, at 6:30 p.m. in the Council Chamber of the Community Meeting Center, 11300 Stanford Avenue, Garden Grove. COUNCIL MEMBERS:

June 14, 2011: City Council/Agency/Sanitary District/Public Financing Authority

Full Agenda