TRI TA
Mayor
CARLOS MANZO
Vice Mayor, District 2
TAI DO
Council Member
KIMBERLY HO
Council Member, District 3
CHI CHARLIE NGUYEN
Council Member
AGENDA
CITY COUNCIL/SUCCESSOR AGENCY TO THE
WESTMINSTER REDEVELOPMENT AGENCY
REGULAR MEETING
JANUARY 26, 2022
CLOSED SESSION - 6:30 p.m. | OPEN SESSION - 7:00 p.m.
Public Access Via Teleconference/Web Conference Only
8200 WESTMINSTER BOULEVARD
WESTMINSTER, CALIFORNIA 92683
In an effort to protect public health and prevent the spread o f coronavirus (COVID -19), the City of Westminster encourages the public to view this City Council meeting on television or online. The Council Chambers will be closed to adhere to guidelines for practicing safe social distancing and within the guidelines for gatherings.
If you need special assistance to participate in this meeting, including interpretation, please contact the City Clerk’s office at (714) 548 -3237. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrang ements to ensure accessibility to this meeting. (28 CFR 35.102-35.104 American Disabilities Act Title II)
Documents provided to a majority of the City Council regarding any item on this agenda are available for public inspection on the City’s website at www.westminster-ca.gov.
AGENDA
January 26, 2022
City Council
Regular Meeting
SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT
PUBLIC MEETINGS
On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency in California as a result of the threat of COVID -19. On September 17, 202 1, Governor Newsom signed AB 361 related to the Brown Act and remote meetings during the state of emergency. AB 361 allows local agencies to continue to conduct remote or “Zoom” meetings during a declared State of Emergency . The City Council adopted Resolution No. 50 91 on January 5, 2022 , determining as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. The City Council shall make this determination every 30 days. Pursuant to AB 361, please be advised that some or all of the Westminster City Council Members will participate in meetings via teleconference/web conference.
MEETINGS
Regular meetings of the City Council are held the second and fourth Wednesday of each month at the hour of 6:00 p.m. ( 5:00 p.m. if deemed necessary) for Closed Session matters, if required. The public session of the meeting shall commence at 7:00 p.m. or as soon thereafter as possible.
AGENDA INFORMATION
The agenda contains a brief general description of each item to b e considered. The agenda and supporting documentation are available for public review no later than 72 hours prior to the meeting. The agenda can be accessed on the City's web site at www.westminster-ca.gov. Live video streaming of regular meetings and an archive of agendas and minutes are also available on the City's website. Visit https://westminsterca.granicus.com/ViewPublisher.php?view_id=2 to subscribe to agenda notifications.
ATTENDANCE AND PARTICIPATION BY THE PUBLIC
IN AN EFFORT TO PROTECT PUBLIC HEALTH AND PREVENT THE SPREAD OF COVID-19, IN LIEU OF ATTENDING THE MEETING, MEMBERS OF THE PUBLIC MAY VIEW THE MEETING LIVE IN ONE OF THE FOLLOWING WAYS:
City of Westminster YouTube Channel
City of Westminster Streaming Video Online
Westminster WTV: S pectrum Channel 3, Frontier FiOS Channel 42, and AT&T U - Verse Channel 99
Zoom (see instructions on next page)
AGENDA
January 26, 2022
City Council
Regular Meeting
To view the meeting via Zoom, please visit: https://us02web.zoom.us/j/85215313555 Or iPhone one-tap :
o US: US: +16699009128,,85215313555# or +13462487799,,85215313555# Or Telephone:
o Dial(for higher quality, dial a number based on your current location):
US: +1 669 900 9128 or +1 346 248 7799 or +1 253 215 8782 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 Webinar ID: 852 1531 3555
International numbers available: https://us02web.zoom.us/u/kbyMvW7Wi5
MEMBERS OF THE PUBLIC WHO WISH TO ADDRESS THE CITY COUNCIL MAY SUBMIT COMMENTS IN WRITING UP TO 24 HOURS PRIOR TO THE MEETING:
E-mail your comments to [email protected]. Comments received via e-mail will be provided to the City Council and be reflected in the minutes, and will be read in full or in summary during Oral Communications or Public Hearings (if applicable).
Profanity, obscenity, or discriminatory language will not be read. Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information (i.e. phone numbers, addresses, etc.) that you do not want to be published.
IN LIEU OF WRITTEN COMMENTS, MEMBERS OF THE PUBLIC WHO WISH TO
VERBALLY ADDRESS THE CITY COUNCIL DURING ORAL COMMUNICATIONS MAY SPEAK VIA ZOOM IN ONE OF TWO WAYS:
TO REQUEST TO SPEAK IN ADVANCE:
o E-mail your request to speak at the meeting along with your name to [email protected].
o Make sure you are logged into Zoom prior to the start of Oral Communications or Public Hearings (if applicable).
o Those who request to speak in advance will be called first and in the o rder in which the requests were received by the City Clerk’s Office. Please raise your hand by clicking on the option or pressing *9 on your phone. o When your name is called, the City Clerk will enable your microphone and you must press the “unmute” button to unmute yourself. If calling from a telephone or cell phone, press *6 on your dial pad to mute and unmute. o Please state your name and city of residence for the record. o Your microphone will be muted if you begin to use profane, obscene, or discriminatory language.
AGENDA
January 26, 2022
City Council
Regular Meeting
TO SPEAK WITHOUT AN ADVANCED REQUEST:
o Speakers who have already submitted an e -Comment (see previous page) will not be permitted to speak during Oral Communications or Public Hearings (if applicable).
o Speakers must attend the Council meeting via Zoom in order to speak to the Council.
o The City Clerk will announce the start of Oral Communications or comments for the Public Hearing item and ask speakers to press the “Raise Your Hand” button. If you are using a telephone and have dialed in, press *9 to raise your hand.
o When your name is called, the City Clerk will enable your microphone and you must press the “unmute” button to unmute yourself. If calling from a telephone or cell phone, press *6 on your dial pad to mute and unmute. o Please state your name and city of residence for the record. o Your microphone will be muted if you begin to use profane, obscene, or discriminatory language.
Except as specifically provided by law for closed sessions, all meetings of the City Council Agency shall be open an d public. Agendas for the City Council meetings provide the public an opportunity to directly address the City Council on items of interest to the public that are within the subject matter jurisdiction of the City Council on any agenda items. NO action may be taken on items not listed on the agenda unless authorized by law.
WEBSITE/TELEVISED MEETING SCHEDULE
Regular City Council meetings are broadcast live on Westminster Cable Channel 3 and REBROADCAST on Monday at 5:00 p.m., Wednesday at 7:00 p.m., Frida y at 7:00 a.m. and Sunday at 8:30 a.m. The City's website (www.westminster -ca.gov) provides information about viewing live and archived City Council meetings. If you have internet access, you can follow the meeting live with a video stream on your computer . You will also have access to an archive of recent City Council meeting agendas, videos and minutes.
[SECTION INTENTIONALLY LEFT BLANK]
AGENDA
January 26, 2022
City Council
Regular Meeting
6:30 P.M.
CLOSED SESSION
PUBLIC COMMENTS MAY BE RECEIVED BY THE CITY COUNCIL PRIOR TO ANY ITEM TO BE CONSIDERED IN CLOSED SESSION.
CALL TO ORDER
ROLL CALL: TA, MANZO, DO, HO, NGUYEN
CLOSED SESSION
The City Council will recess to a Closed Session for the following purpose:
1. Pursuant to Government Code Section 54956.9(d)(1):
Conference with Legal Counsel regarding
Existing Litigation (one case):
A, Alan Aoki v. City of Westminster, et al
(OCSC Case No. 30-2020-01150240-CU-OE-CJC)
RECESS
[SECTION INTENTIONALLY LEFT BLANK]
AGENDA
January 26, 2022
City Council
Regular Meeting
7:00 P.M.
RECONVENE CITY COUNCIL/SUCCESSOR AGENC Y TO THE WESTMINSTER REDEVELOPMENT AGENCY MEETING:
CALL TO ORDER:
ROLL CALL: TA, MANZO, DO, HO, NGUYEN
SALUTE TO FLAG: Council Member Do
INVOCATION
CITY ATTORNEY/CLOSED SESSION REPORT
EX PARTE COMMUNICATIONS
CITY CLERK REPORT
A) COVID-19 Updates.
CITY MANAGER REPORT
1. SPECIAL PRESENTATIONS
2. ORAL COMMUNICATIONS
E-Comments
THIS IS THE TIME OF THE MEETING THAT M EMBERS OF THE PUBLIC MAY
ADDRESS THE CITY COUNCIL REGARDING ANY ITEMS ON THE AGENDA OR
NON-AGENDA ITEMS THAT ARE WITHIN THE SUBJECT MATTER
JURISDICTION. UNLESS OTHERWISE EXTENDED BY A MAJORITY VOTE OF THE CITY COUNCIL, COMMENTS SHALL BE LIMITED TO FIVE (5) MINUTES PER SPEAKER.
PLEASE SEE PAGES 2-3 FOR INSTRUCTIONS ON HOW TO SPEAK VIA ZOOM
OR HOW TO SUBMIT YOUR COMMENTS TO BE READ DURING ORAL
COMMUNICATIONS.
[SECTION INTENTIONALLY LEFT BLANK]
AGENDA
January 26, 2022
City Council
Regular Meeting
3. CONSENT CALENDAR
ALL MATTERS LISTED UNDER THE CONSENT CALENDAR ARE CONSIDERED
ROUTINE AND MAY BE APPROVED BY A SINGLE MOTION FOLLOWED BY A ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS UNLESS MEMBERS OF THE CITY COUNCIL OR STAFF REQUEST
THAT SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION OR DISCUSSION.
MINUTES
3.1 Minutes of the City Council/Successor Agency to the Westminster Redevelopment Agency for Approval of the Minutes.
RECOMMENDATION: Staff recommends that the Mayor and City Council approve the Minutes of the City Council/Successor Agency as presented for the date(s) listed below:
A. August 30, 2021 – Special Meeting (Closed Session and Regular Session).
RESOLUTIONS
3.2 Resolution to Rescind Resolution No. 5064 Related to the Monument s and Memorials Committee.
RECOMMENDATION: Staff recommends that the Mayor and City Council adopt a Resolution entitled, “A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF WESTMINSTER , FORMALLY DISSOLVING THE MONUMENTS AND MEMORIALS COMMITTEE AND RESCINDING RESOLUTION NO. 5064.”
3.3 Resolution to Continue Authorizing the Conduct of Remote “Telephonic” Meetings During the State of Emergency.
RECOMMENDATION: Staff recommends that the Mayor and City Council adopt a Resolution entitled, “A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF WESTMINSTER MAKING THE LEGALLY REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE THE CONDUCT OF REMOTE ‘TELEP HONIC’ MEETINGS DURING THE STATE OF EMERGENCY.”
ORDINANCES
3.4 Second Reading and Adoption of Ordinance No. 2581 Related to Conflict of Interest for Public Officials.
RECOMMENDATION: Staff recommends that the Mayor and City Council adopt Ordinance No. 2581 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA ADDING CHAPTER 70 (CONFLICTS OF INTERESTS FOR PUBLIC OFFICIALS) OF TITLE 2 (ADMINISTRATION AND AGENDA
January 26, 2022
City Council
Regular Meeting
PERSONNEL) OF THE WESTMINSTER MUNICIPAL CODE, REGARDING CONFLICT OF INTERESTS,” conduct second reading, read by title only, and waive further reading.
3.5 Second Reading and Adoption of Ordinance No. 2582 to Establish the Westminster Cultural Arts Commission.
RECOMMENDATION: Adopt Ordinance No. 2582 entitled, “AN ORDINANCE OF
THE MAYOR AN D CITY COUNCIL OF THE CITY OF WESTMINSTER
AMENDING THE WESTMINSTER MUNICIPAL CODE TO ADD CHAPTER 2.57 RELATING TO CULTURAL ARTS COMMISSION,” conduct second reading, read by title only, and waive further reading.
ADMINISTRATIVE ACTIONS
3.6 Resolution for the 2021 Pavement Management Relief Funding Program (PMRF) Application for the Magnolia Street Improvement Project from Edinger Avenue to Heil Avenue, in the cities of Westminster and Fountain Valley.
RECOMMENDATION: Staff recommends the Mayor and City Council:
A. Adopt a Resolution entitled, “A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER, WHICH CERTIFIES T HAT
THE MAYOR AND CITY COUNCIL HAVE AUTHORIZED THE PROJECT
LIST SUBMITTAL FOR CORONAVIRUS RESPONSE AND RELIEF
SUPPLEMENTAL APPROPRIATIONS ACT OF 2021 (CRRSAA) FUNDING
THROUGH THE ORANGE COUNTY TRANSPORTATION AUTHORITY
2021 PAVEMENT MANAGEMENT RELIEF FUNDING PROGRAM”; and
B. Approve the project list and authorize staff to submit the project application to OCTA for the 2021 Pavement Management Relief Funding (PMRF) Program.
WARRANT REGISTER
3.7 (City Council and Successor Agency) Warrant Register dated January 06, 2022 through January 19, 2022.
RECOMMENDATION: Receive and file.
REPORTS
3.8 Treasurer’s Report for December 2021.
RECOMMENDATION: Receive and file.
AGENDA
January 26, 2022
City Council
Regular Meeting
3.9 City Net Homeless Services Dashboard Report - September 2021 through December 2021.
RECOMMENDATION: Receive and file.
END OF CONSENT CALENDAR
4. PUBLIC HEARINGS
DUE TO COVID -19 RESTRICTIONS, CHANGES HAVE BEEN MADE TO THE
PUBLIC HEARING PROCESS IN ORDER TO ENSURE MEMBERS OF THE PUBLIC MAY PARTICIPATE REMOTELY.
MEMBERS OF THE PUBLIC WHO WISH TO ADDRESS THE CITY COUNCIL MAY SUBMIT COMMENTS IN WRITING UP TO 24 HOURS PRIOR TO THE MEETING:
E-mail your comments to [email protected]. Speakers dialing in must make an advance request to speak in order for the City Clerk to identify the speaker and phone number.
IN LIEU OF WRITTEN COMMENTS, MEMBERS OF THE PUBLIC WHO WISH TO
VERBALLY ADDRESS THE CITY COUNCIL DURING THE P UBLIC HEARING MAY SPEAK VIA ZOOM IN ONE OF TWO WAYS:
TO REQUEST TO SPEAK IN ADVANCE:
o E-mail your request to speak at the meeting along with your name to [email protected].
TO SPEAK WITHOUT AN ADVANCED REQUEST:
o The Mayor will open the public hea ring and the City Clerk will ask speakers to pres s the “Raise Your Hand” button (press *9 on the telephone).
PLEASE SEE PAGES 2 -3 FOR FULL INSTRUCTIONS ON HOW TO SPEAK VIA
ZOOM OR HOW TO SUBMIT YOUR COMMENTS TO BE READ DURING THE PUBLIC HEARING. SPEAKERS DURING PUBLIC HEARING COMMENTS WILL EACH HAVE FIVE (5) MINUTES TO SPEAK ON EACH PUBLIC HEARING ITEM.
4.1 Case No. 2021 -0229 - Public Hearing and Consideration and Adoption of the 2021-2029 Housing Element Update to the Westminster General Plan.
Staff Report
Mayor and City Council Questions for Staff
Public Comments – Late Communication 01/26/2022
Mayor and Council Member Discussion
Council Action
AGENDA
January 26, 2022
City Council
Regular Meeting
RECOMMENDATION: Staff recommends that the Mayor and City Council consider the adoption of a Resolution entitled, “A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER TO AMEND THE
WESTMINSTER GENERAL PLAN BY ADOPTING THE HOUSING ELEMENT
UPDATE AND ADOPTING AN ADDENDUM TO THE WESTMINSTER GENERAL PLAN FINAL ENVIRONMENTAL IMPACT REPORT, CASE NO. 2021-0229.”
4.2 Case No. 2020 -1127 - Public Hearing and Request for a General Plan Amendment, Zoning Map Amendment (ZMA), Conditional Use Permit (CUP), and Development Review to Develo p and Operate a Residentia l Care Facility on a Vacant Lot Located at 8251 Heil Avenue.
Staff Report
Mayor and City Council Questions for Staff
Public Comments – Late Communication 01/26/2022
Mayor and Council Member Discussion
Council Action
RECOMMENDATION: Staff recommends that the Mayor and City Council:
A. Adopt a Resolution entitled, “ A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINST ER ADOPTING A MITIGA TED NEGATIVE DECLARATION ASSOCIATED WITH CASE NO. 2020 -1127
INVOLVING A GENERAL PLAN AMENDMENT, ZONI NG MAP
AMENDMENT, CONDITION AL USE PERMIT, AND D EVELOPMENT
REVIEW FOR THE PROPO SED DEVELOPMENT OF A RESIDENTIAL
CARE FACILITY ON PRO PERTY LOCATED AT 8251 HEIL AVENUE (ASSESSOR’S PARCEL NUMBERS 107-220-68 AND 107-220-69)”; and
B. Introduce an Ordinance for first reading entitled, “ AN ORDINANCE OF THE
MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER
AMENDING THE WESTMINSTER MUNICIPAL C ODE AND THE OFFICIAL
CITY OF WESTMINSTER ZONING MAP FROM P/SP (PUBLIC/SEMI - PUBLIC) TO R3 (MULTIPLE -FAMILY RESIDENTIAL 13 TO 14
UNITS/ACRE) FOR PROPERTY LOCATED AT 8251 HEIL AVENUE
(ASSESSOR’S PARCEL NUMBERS 107-220-68 AND 107-220-69),” read by title only and waive further reading; and
C. Adopt a Resolution entitled, “ A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER APPRO VING CASE NO.
2020-1127 INVOLVING A GEN ERAL PLAN AMENDMENT, CONDITIONAL
USE PERMIT (CUP), AND DEVELOPMENT RE VIEW FOR THE
PROPOSED DEVELOPMENT OF A RESIDENTIAL CAR E FACILITY ON PROPERTY LOCATED AT 8251 HEIL AVENUE (AS SESSOR’S PARCEL NUMBERS 107-220-68 AND 107-220-69).”
AGENDA
January 26, 2022
City Council
Regular Meeting
5. REGULAR BUSINESS
5.1 City of Westminster Three-Year Strategic Plan and Six-Month Objectives.
RECOMMENDATION: Staff recommends that the Mayor and City Council adopt the six-month strategic objectives matrix for January 17, 2022 through June 15, 2022.
5.2 Creation of Policy for Interactions Between City Staff and Outside Parties.
RECOMMENDATION: Staff reco mmends the Mayor and City Council consider a request to authorize the preparation of a policy regulating interactions between city staff and outside parties, and to provide direction on its drafting.
5.3 Time Limits for Council Members During Discussion of Agenda Items.
RECOMMENDATION: Staff recommends that the Mayor and City Council consider a request to place time limits on Council M embers during the discussion of agenda items, and provide direction on drafting a policy.
5.4 Consideration of a Resolution of Censure of M ayor Tri Ta for Unacceptable Conduct.
RECOMMENDATION: Staff recommends that the Council convene the proceeding, and consider the potential adoption of a Resolution entitled, “A RESOLUTION OF
THE MAYOR AND CITY COUNCIL OF WESTMINSTER, CENSURING MAYOR TRI TA FOR UNACCEPTABLE CONDUCT.”
6. LEGISLATIVE ITEMS
6.1 Consideration of Adoption of a Resolution Modifying the Approval Process for Findings of Public Convenience or Necessity.
RECOMMENDATION: Staff recommends that the Mayor and City Council consider the request to modify the approval process for finding of public convenience or necessity, and consider adoption of a Resolution en titled, “ A RESOLUTION OF
THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER
RESCINDING AND REPLACING RESOLUTION NO. 5040, ESTABLISHING THE
APPROPRIATE DECISION MAKING AUTHORITY REGARDING
DETERMINATIONS OF PUBLIC CONVENIENCE OR NECESSITY AS REQUIRED BY THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL.”
7. COMMISSION AND COMMITTEE ITEMS - None.
8. COMMENTS FROM CITY COUNCIL/AGENCY MEMBERS
(Including AB 1234 Report when required)
AGENDA
January 26, 2022
City Council
Regular Meeting
9. COUNCIL ADJOURNMENT
Next Regular Meeting will be held Wednesday, February 9, 2022 at 7:00 p.m.
DECLARATION: This agenda was posted on the Bulletin Board outside of the Council Chambers, where completely accessible to the public; and online, at least 72 hours in advance of the City Council Meeting.
/s/Lucie Colombo, CMC, Interim City Clerk