AGENDA Garden Grove City Council Regular Meeting June 28, 2011 06:30 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 |
1. |
ORAL COMMUNICATIONS: |
2. |
CONSENT ITEMS: (It is recommended that Items 2.a. and 2.b. be acted on simultaneously unless separate discussion and/or action is requested by a Commissioner.) |
2.a.
Housing Authority Status Report for May 2011.
2.b.
Minutes of the Regular Meeting of the Housing Authority held May 24, 2011.
3. |
PUBLIC HEARINGS: |
3.a.
Proposed Budget for Fiscal Year 2011-12.
3.a.1.
Resolution adopting Housing Authority Budget for Fiscal Year 2011-12.
4. |
ITEMS FOR CONSIDERATION: None. |
5. |
MATTERS FROM COMMISSIONERS AND DIRECTOR: |
6. |
ADJOURNMENT OF HOUSING AUTHORITY TO AUGUST 23, 2011: |
1. |
PRESENTATIONS: None. |
2. |
ORAL COMMUNICATIONS: (To be held simultaneously with Agency, Public Financing Authority, and Sanitary District Oral Communications.) |
2.a.
Public Comments
2.b.
Council Member response to Public Comments
3. |
WRITTEN COMMUNICATIONS: |
3.a.
Funding request from the Vietnam War Museum of America Foundation.
3.b.
Request from the Korean Festival Foundation of Orange County to change the location and dates for the annual Korean Festival to be held at the Village Green Park on October 14, 15, and 16, 2011.
4. |
CONSENT ITEMS: |
4.a.
Minutes of the Regular Meeting of the Agency held May 24, 2011.
5. |
PUBLIC HEARINGS: (Motion to approve will include adoption of each Resolution unless otherwise indicated.) |
5.a.
Proposed Agency Budget for Fiscal Year 2011-12.
5.a.1.
Resolution adopting Budget for Fiscal Year 2011-12.
5.a.2.
Resolution adopting Fiscal Year 2011-12 Budget Administrative Costs.
5.b.
Joint Public Hearing with the Garden Grove City Council: Disposition and Development Agreement with Sweet Homes Development, LLC, for the development of real property located at 12061, 12071, and 12081 Garden Grove Boulevard in the Garden Grove Community Redevelopment Project Area. (Companion Item to City Council Agenda Item No. 5.f.)
5.b.1.
City Council Action: A Resolution of the City Council of the City of Garden Grove consenting to the approval by the Garden Grove Agency for Community Development of a Disposition and Development Agreement by and between the Agency and Sweet Homes Development, LLC.
5.b.2.
Agency Action: A Resolution of the Garden Grove Agency for Community Development approving a Disposition and Development Agreement between the Agency and Sweet Homes Development, LLC and making other findings.
5.c.
Joint Public Hearing with the City of Garden Grove: First Implementation Agreement to the First Amended and Restated Disposition and Development Agreement with Garden Grove MXD, LLC for the construction of a water park hotel and restaurants on the 10.3-acre redevelopment site on Harbor Boulevard. (Companion Item to City Council agenda Item No. 5.g.)
5.c.1.
City Council Action: A Resolution of the City Council of the City of Garden Grove consenting to the approval by the Garden Grove Agency for Community Development of a First Implementation Agreement with respect to the First Amended and Restated Disposition and Development Agreement by and between the Agency and Garden Grove MXD, LLC.
5.c.2.
Agency Action: A Resolution of the Garden Grove Agency for Community Development approving a First Implementation Agreement with respect to the First Amended and Restated Disposition and Development Agreement by and between the Agency and Garden Grove MXD, LLC and making other findings.
6. |
ITEMS FOR CONSIDERATION: |
6.a.
Joint action among the Garden Grove City Council, 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. (Companion Item to City Council Agenda Item No. 7.b., and Public Financing Authority Agenda Item No. 4.a.)
6.a.1.
City Council Action: A Resolution of the City Council of the City of Garden Grove, California, approving the issuance by the Garden Grove Agency for Community Development of its 2011 Subordinate Tax Allocation Bonds (Garden Grove Community Project) Series A and Series B (taxable), and making certain determinations relating thereto.
6.a.2.
Agency Action: A Resolution of the Garden Grove Agency for Community Development authorizing the issuance and sale of not to exceed $105 million 2011 Subordinate Tax Allocation Bonds (Garden Grove Community Project) Series A and Series B (taxable); approving documents and authorizing official actions related thereto; and authorizing certain other actions.
6.a.3.
Public Financing Authority: A Resolution of the Board of Directors of the Garden Grove Public Financing Authority authorizing purchase and sale of 2011 Subordinate Tax Allocation Bonds for the Garden Grove Community Project Area and approving certain related documents and authorizing certain other actions.
6.b.
Owner Participation Agreement with County-Wide Rambler, Inc. (Garden Grove Volkswagen).
6.b.1.
A Resolution of the Garden Grove Agency for Community Development approving an Owner Participation Agreement by and between the Agency and County-Wide Rambler, Inc. and making other findings.
7. |
MATTERS FROM AGENCY MEMBERS AND DIRECTOR: |
8. |
ADJOURNMENT OF AGENCY: |
4. |
ITEMS FOR CONSIDERATION: |
4.a.
Joint action among the Garden Grove City Council, 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. (Companion Item to City Council Agenda Item No. 7.b., and Agency Agenda Item No. 6.a.)
4.a.1.
City Council Action: A Resolution of the City Council of the City of Garden Grove, California, approving the issuance by the Garden Grove Agency for Community Development of its 2011 Subordinate Tax Allocation Bonds (Garden Grove Community Project) Series A and Series B (taxable), and making certain determinations relating thereto.
4.a.2.
Agency Action: A Resolution of the Garden Grove Agency for Community Development authorizing the issuance and sale of not to exceed $105 million 2011 Subordinate Tax Allocation Bonds (Garden Grove Community Project) Series A and Series B (taxable); approving documents and authorizing official actions related thereto; and authorizing certain other actions.
4.a.3.
Public Financing Authority: A Resolution of the Board of Directors of the Garden Grove Public Financing Authority authorizing purchase and sale of 2011 Subordinate Tax Allocation Bonds for the Garden Grove Community Project Area and approving certain related documents and authorizing certain other actions.
5. |
MATTERS FROM THE CHAIR, AUTHORITY MEMBERS, AND EXECUTIVE DIRECTOR: |
6. |
ADJOURNMENT OF PUBLIC FINANCING AUTHORITY: |
2. |
CONSENT ITEMS: (It is recommended that Items 2.a. and 2.b. be acted on simultaneously unless separate discussion and/or action is requested by a District Member.) |
2.a.
Award of Contract to AKM Consulting Engineers to provide Sanitary District engineering services. (Cost: $250,000)
2.b.
Minutes of the Regular Meeting of the Sanitary District held May 24, 2011.
3. |
PUBLIC HEARINGS: (Motion to approve will include adoption of each Resolution unless otherwise indicated.) |
3.a.
Proposed Sanitary District Budget for Fiscal Year 2011-12.
3.a.1.
Resolution adopting Budget for Fiscal Year 2011-12.
3.a.2.
Resolution adopting Fiscal Year 2011-12 Appropriations Limit.
3.a.3.
Resolution appropriating Fund Balances as of June 30, 2011, to reserves for future year reappropriation and certain FY 2010-11 Project Balances and Encumbrances for FY 2011-12.
4. |
ITEMS FOR CONSIDERATION: None. |
5. |
MATTERS FROM BOARD MEMBERS AND GENERAL MANAGER: |
6. |
ADJOURNMENT OF SANITARY DISTRICT TO AUGUST 23, 2011: |
4. |
CONSENT ITEMS: (It is recommended that Items 4.a. through 4.l. be acted on simultaneously unless separate discussion and/or action is requested by a Council Member.) |
4.a.
Acceptance of Project as Complete for Project No. 7393 - Well No. 31 Drilling and Well No. 28 Nitrate Monitoring Equipment Installation.
4.b.
Acceptance of Project as Complete for IFB No. S-1071 - Prop 42 CAP Street Rehabilitation (Overlay) Phase II.
4.c.
Agreement with the Municipal Water District of Orange County (MWDOC) for the City’s continued participation on the Weather Based Irrigation Timer Rebate Program. (Cost: $6,000)
4.d.
Amendment to the Contract with Presynct Technologies, Inc. for implementation of the Police Department’s automated report-writing system. (Cost: $50,280)
4.e.
Application for grant funding from the Proposition 84 Statewide Park Program.
4.e.1.
A Resolution of the City Council of the City of Garden Grove approving the filing of an application for Statewide Park Program Grant Fund Brookhurst Triangle Park and Trail project with the California Department of Parks and Recreation.
4.f.
Purchase Order to Galls Retail CA for Fire Department uniforms. (Cost: not to exceed $60,000 per year for two years.)
4.g.
Minutes of the Regular Meeting of the City Council held May 24, 2011.
4.h.
Warrants.
4.i.
Waiver of full reading of Ordinances listed.
4.j.
Amendment to the Agreement with St. Anselm’s Cross-Cultural Community Center to provide transportation services for the H. Louis Lake Senior Center Senior Mobility Program.
4.k.
Award of Contracts for on-call professional construction inspection.
4.k.1.
KOA Construction. (Cost: not to exceed $250,000)
4.k.2.
Vali Cooper & Association. (Cost: not to exceed $250,000)
4.l.
Amendment to Agreement with Woodruff, Spradlin and Smart for City Attorney Services.
5. |
PUBLIC HEARINGS: (Motion to approve will include adoption of each Resolution unless otherwise indicated.) |
5.a.
Proposed Budget for Fiscal Year 2011-12. (It is recommended that Items 5.a.1. through 5.a.9. be acted on simultaneously unless separate discussion and/or action is requested by a Council Member.)
5.a.1.
A Resolution adopting Basic Services, Cable Services, Grant Services, Water Services, Capital Improvements, Mobile Home Parks, and Special Assessment Budgets for Fiscal Year 2011-12.
5.a.2.
A Resolution adopting Fiscal Year 2011-12 Appropriations Limit.
5.a.3.
A Resolution Appropriating Fund Balances as of June 30, 2011 to Reserves for Future Year Reappropriation.
5.a.4.
A Resolution Reappropriating certain Fiscal Year 2010-11 Project Balances and Encumbrances for Fiscal Year 2011-12.
5.a.5.
A Resolution adopting an Annual Budget for the Garden Grove Agency for Community Development for Fiscal Year 2011-12.
5.a.6.
A Resolution authorizing the Agency Expenditure of Funds for the Provision of Certain Administrative Functions.
5.a.7.
A Resolution adopting Fiscal Year 2011-12 Housing Authority Budget.
5.a.8.
A Resolution of the City Council of the City of Garden Grove establishing and amending user fees for various City services.
5.a.9.
Fiscal Year 2011-12 Overnight Conferences and Training Sessions.
5.b. |
Garden Grove Tourism Improvement District Advisory Report and Assessment. |
5.b.1.
A Resolution of the City Council of the City of Garden Grove confirming the Annual Report of the Garden Grove Tourism Improvement District Advisory Board and levying the assessment for Fiscal Year 2011-2012 for the Garden Grove Tourism Improvement District.
5.c. |
Street Vacation No. SV-119-11 to vacate the Harbor Boulevard Service Road. |
5.c.1.
A Resolution of the City Council of the City of Garden Grove approving Street Vacation No. SV-119-11, and ordering the vacation and abandonment of the Harbor Boulevard Service Road, located on the west side of Harbor Boulevard, north of Garden Grove Boulevard and south of Lampson Avenue.
5.d. |
Protest Hearing on the Spring 2011 Weed Abatement notices. |
5.d.1.
A Resolution of the City Council of the City of Garden Grove confirming report of costs of Spring 2011 Weed Abatement and directing the Orange County Auditor-Controller to add outstanding assessments to the 2011-2012 Assessment Roll as indicated by said report.
5.e. |
Protest Hearing on the Main Street Assessment District No. 1 annual assessment. |
5.e.1.
A Resolution of the City Council of the City of Garden Grove making determinations and confirming the diagram and assessments in the matter of Main Street Assessment District No. 1.
5.f. |
Joint Public Hearing with the Garden Grove Agency for Community Development: Disposition and Development Agreement with Sweet Homes Development, LLC, for the development of real property located at 12061, 12071, and 12081 Garden Grove Boulevard in the Garden Grove Community Redevelopment Project Area. (Companion Item to Agency Agenda Item No. 5.b.) |
5.f.1.
City Council Action: A Resolution of the City Council of the City of Garden Grove consenting to the approval by the Garden Grove Agency for Community Development of a Disposition and Development Agreement by and between the Agency and Sweet Homes Development, LLC.
5.f.2.
Agency Action: A Resolution of the Garden Grove Agency for Community Development approving a Disposition and Development Agreement between the Agency and Sweet Homes Development, LLC and making other findings.
5.g. |
Joint Public Hearing with the Garden Grove Agency for Community Development: First Implementation Agreement with respect to the First Amended and Restated Disposition and Development Agreement with Garden Grove MXD, LLC for the construction of a water park hotel and restaurants on the 10.3-acre redevelopment site on Harbor Boulevard. (Companion Item to Agency Agenda Item No. 5.c.) |
5.g.1.
City Council Action: A Resolution of the City Council of the City of Garden Grove consenting to the approval by the Garden Grove Agency for Community Development of a First Implementation Agreement with respect to the First Amended and Restated Disposition and Development Agreement by and between the Agency and Garden Grove MXD, LLC.
5.g.2.
Agency Action: A Resolution of the Garden Grove Agency for Community Development approving the First Implementation Agreement with respect to the First Amended and Restated Disposition and Development Agreement by and between the Agency and Garden Grove MXD, LLC. and making certain other findings..
6. |
COMMISSION/COMMITTEE MATTERS: None. |
7. |
ITEMS FOR CONSIDERATION: |
7.a.
Award of Contract to Rancho Pacific Engineering, Inc., for Project No. 7382 - Brookhurst Street Median Rehabilitations from Hazard Avenue to Trask Avenue; and from Lampson Avenue to Katella Avenue. (Cost: $498,183.75)
7.b.
Joint action among the Garden Grove City Council, 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. (Companion Item to Agency Agenda Item No. 6.a., and Public Financing Authority Agenda Item No. 4.a.)
7.b.1.
City Council Action: A Resolution of the City Council of the City of Garden Grove, California, approving the issuance by the Garden Grove Agency for Community Development of its 2011 Subordinate Tax Allocation Bonds (Garden Grove Community Project) Series A and Series B (taxable), and making certain determinations relating thereto.
7.b.2.
Agency Action: A Resolution of the Garden Grove Agency for Community Development authorizing the issuance and sale of not to exceed $105 million 2011 Subordinate Tax Allocation Bonds (Garden Grove Community Project) Series A and Series B (taxable); approving documents and authorizing official actions related thereto; and authorizing certain other actions.
7.b.3.
Public Financing Authority: A Resolution of the Board of Directors of the Garden Grove Public Financing Authority authorizing purchase and sale of 2011 Subordinate Tax Allocation Bonds for the Garden Grove Community Project Area and approving certain related documents and authorizing certain other actions.
7.c. |
Paramedic Tax Override Rate for Fiscal Year 2011-12. |
7.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 ESTABLISHING THE AMOUNT OF MONEY FOR PARAMEDIC SERVICES THAT MUST BE RAISED BY AN AD VALOREM TAX OVERRIDE AND THE SETTING OF THE TAX RATE OF SAID OVERRIDE
8. |
ORDINANCES PRESENTED FOR SECOND READING: |
8.a.
Amendment to Title 1, Section 1.04.090 of the Municipal Code.
8.a.1.
ORDINANCE NO. 2793, for second reading and adoption, by title only, waiving full reading, 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
9. |
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY MANAGER: |
9.a.
Appointments to City Commissions, as requested by Mayor Dalton. (Vacancies: Planning Commission, Neighborhood Improvement and Conservation Commission, Main Street Commission.)
10. |
CLOSED SESSION: |
10.a.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (One potential case)
10.b.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: 13650 S. Harbor Boulevard, Garden Grove; City Negotiator: Matthew Fertal, City Manager; Negotiating Party: CB Richard Ellis Under Negotiation: To obtain direction regarding the price and terms for potential acquisition of real property.
11. |
ADJOURNMENT: |
The next Regular Meeting of the City Council will be held on Tuesday, July 12, 2011, at 5:30 p.m. in the Council Chamber of the Community Meeting Center, 11300 Stanford Avenue, Garden Grove.
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