CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY January 26, 2022
MINUTES OF REGULAR MEETING
Pursuant to the State of California Executive Order N- 29- 20 related to coronavirus COVID- 19), the City Council of the City of Westminster, California convened on January 26, 2022 at 6: 36 p. m. in a Closed Session in the Council Chambers, 8200 Westminster Boulevard, Westminster, California and via teleconference/ web conference. 6: 30 P. M.
CLOSED SESSION
ROLL CALL: MAYOR TRI TA
VICE MAYOR MANZO
COUNCIL MEMBER TAI DO
COUNCIL MEMBER KIMBERLY HO
COUNCIL MEMBER CHI CHARLIE NGUYEN
ABSENT: NONE
Assistant City Clerk Alcala announced a quorum.
STAFF PRESENT: Interim City Manager Christine Cordon City Attorney Christian Bettenhausen,
Assistant City Clerk Abigail Y. Alcala
ORAL COMMUNICATIONS FOR CLOSED SESSION MATTERS
There were no oral communications for closed session matters.
City Attorney Bettenhausen stated the closed session is authorized under California Government Code Section 54956. 9( d)( 2) because existing facts and circumstances indicate there is a significant exposure to litigation against the City. Any discussion of these matters in open session would certainly prejudice the City' s position.
The City Council recessed to Closed Session at 6:38 p.m. for the following purpose:
1. Pursuant to Government Code Section 54956. 9( d)( 1):
Conference with Legal Counsel pursuant regarding
Existing Litigation ( one case):
A. Alan Aoki v. City of Westminster, et al
OCSC Case No. 30- 2020- 01150240- CU- OE- CJC)
RECESS: At approximately 7: 15 p. m., Mayor Ta recessed the meeting held in the Council Conference Room.
MINUTES OF REGULAR MEETING January 26, 2022
RECONVENE CITY COUNCIL MEETING: The City Council/Successor Agency to the — Westminster Redevelopment Agency meeting reconvened at 7: 25 p. m. in the Council Chambers and via teleconference/ web conference.
REGULAR MEETING
7: 00 PM
ROLL CALL MAYOR TRI TA
PRESENT: VICE MAYOR CARLOS MANZO
COUNCIL MEMBERS TAI DO
COUNCIL MEMBER KIMBERLY HO
COUNCIL MEMBER CHI CHARLIE NGUYEN
ABSENT: NONE
Assistant City Clerk Alcala announced a quorum.
STAFF PRESENT: Interim City Manager Christine Cordon City Attorney Christian Bettenhausen
Deputy City Attorney Kimberly Barlow
Interim Assistant City Manager Adolfo Ozaeta
Interim City Clerk Lucie Colombo
Interim Community Development Director Debbie Kurita
Finance Director Erin Backs
Acting Community Services Director Vanessa Johnson
Human Resources Director Jodie Griner
Police Chief Darin Lenyi
Public Works Director/ City Engineer Jake Ngo
Assistant City Clerk Abigail Y. Alcala
Administrative Assistant Tanya Ramirez
Orange County Fire Authority Division Chief Ron
Roberts
SALUTE TO FLAG: Council Member Do
INVOCATION: Council Member Nguyen
CITY ATTORNEY/ CLOSED SESSION REPORT:
City Attorney Bettenhausen stated that City Council met and discussed Closed Session Agenda Item 1. A., direction was provided and there was no reportable action at this time.
EX PARTE COMMUNICATIONS
There was no Ex Parte Communications at this time.
MINUTES OF REGULAR MEETING January 26, 2022
REPORT FROM CITY CLERK
Assistant City Clerk Alcala, made the following announcements:
Late Communications were received regarding E-Comments, Public Hearing E- Comments for Agenda Items 4. 1 and 4. 2. These have been included in the Agenda hyperlinks on the City Website.
The City will continue conducting Redistricting Community Workshops and the next dates are: January 2, 2022 and January 31, 2022. Redistricting maps are due by February 1, 2022.
A. COVID- 19 Updates.
Interim Assistant City Manager Ozaeta provided an update regarding COVID- 19.
CITY MANAGER REPORT:
Interim City Manager Cordon stated she had nothing to report.
1. SPECIAL PRESENTATIONS
There were no special presentations at this time.
2. ORAL COMMUNICATIONS
E- Comments
1. Vinh Tran, Westminster, expressed concern regarding Council behavior and fighting with each other and spoke in opposition of the building of Quang Tri Monument.
2. Sandy Nguyen, Westminster, expressed concerns regarding comments made by Council member Manzo at the City Council meeting on January 12th, 2022.
3. Nam Quan Nguyen, Principal of Trust media Network, expressed concerns regarding the Police Department' s ability to handle the traffic and public safety tasks involved the 2022 Tet Parade during the pandemic in spite of Omicron and stated that the event would serve as a COVID mega- spreader.
Zoom Speakers
4. Terry Rains, Westminster, requested Item 3.9 be pulled from the Consent Calendar for further discussion and an explanation from CityNet regarding report, commented on attending Strategic Planning meeting Agenda Item No. 5. 1, praised Council Members who attended for working together and
MINUTES OF REGULAR MEETING January 26, 2022
added bickering is tearing council apart, spoke in support of Interim City — Manager Cordon and Interim Assistant City Manager Ozaeta being hired to permanent position for progress accomplished since filling interim positions; spoke in favor of Agenda Item No. 5.2 and in opposition of Agenda Item No. 5.3; expressedconcernregardingAgendaItemNo. 5.4 andCityAttorney' errors in the proposed resolution, questioned why the vacant commissions and committees have not been filled, expressed frustration regarding Council behavior and how long Council meetings continue to be, suggested the Council focus on city- related agenda items instead of personal issues, and expressed the Council lost sight of City's priorities and instead bickering amongst each other.
3. CONSENT CALENDAR
MINUTES
3. 1 Presentation of Minutes of the City Council/ Successor Agency to the Westminster Redevelopment Agency for Approval of the Minutes.
ACTION: The Mayor and City Council approved the Minutes of the City Council as presented for the dates 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 Monuments and Memorials Committee.
ACTION: The Mayor and City Council adopted Resolution No. 5094 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.
ACTION: The Mayor and City Council adopted Resolution No. 5095 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 ` TELEPHONIC' MEETINGS DURING THE STATE OF EMERGENCY."
MINUTES OF REGULAR MEETING January 26, 2022
ORDINANCES
3. 4 THIS AGENDA ITEM WAS PULLED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION.
3. 5 Second Reading and Adoption of Ordinance No. 2582 to Establish the Westminster Cultural Arts Commission.
ACTION: The Mayor and City Council adopted Ordinance No. 2582 entitled, " AN
ORDINANCE OF THE MAYOR AND 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 waived 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.
ACTION: The Mayor and City Council:
A. Adopt Resolution No. 5096 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER, WHICH CERTIFIES
THAT 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. Approved 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.
ACTION: Received and filed.
3. 8 Treasurer' s Report for December 2021.
ACTION: Received and filed.
MINUTES OF REGULAR MEETING January 26, 2022
3. 9 THIS AGENDA ITEM WAS PULLED FROM THE CONSENT CALENDAR FOR -- SEPARATE DISCUSSION.
Motion was made by Vice Mayor Manzo, and seconded by Council Member Ho to approve the Consent Calendar, except Item Nos 3.4 and 3. 9.
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
AGENDA ITEMS PULLED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION.
3. 4 Second Reading and Adoption of Ordinance No. 2581 Related to Conflict of Interest for Public Officials.
This Agenda Item was pulled from the Consent Calendar by Council Member Nguyen.
Motion was made by Council Member Do, and seconded by Vice Mayor Manzo to 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
PERSONNEL) OF THE WESTMINSTER MUNICIPAL CODE, REGARDING CONFLICT OF INTERESTS," conduct second reading, read by title only, and waive further reading.
The motion carried, 3-2, by the following roll call vote:
AYES: MANZO, DO, HO
NOES: TA, NGUYEN
ABSENT: NONE
ABSTAIN: NONE
3. 9 City Net Homeless Services Dashboard Report - September 2021 through December 2021.
This Agenda Item was pulled from the Consent Calendar by Vice Mayor Manzo.
City Net Homeless representative, Jessica Avelar— Bruce, presented the staff report.
She and Commander Kevin McCormick, Westminster Police Department, responded to inquiries and concerns related to homeless issues, such as encampments, hot spots areas, recruitment of personnel, etc.
MINUTES OF REGULAR MEETING January 26, 2022
Vice Mayor Manzo requested that location of contact and outcome of encounter be provided and made available in the future.
Mayor Ta stated that these reports be made available on the City's website.
Motion was made by Mayor Ta, and seconded by Vice Mayor Manzo to receive and file this report.
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CONSIDERATION TO ADD A NEW AGENDA ITEM REGARDING COVID- 19 AGENDA ITEM FAILED TO BE PLACED ON THE AGENDA.
Council Member Nguyen presented a new Agenda Item to be considered as an urgency item to be added to this agenda. He stated that this item is urgent due to the COVID- 19 numbers continuing to increase, per tonight' s presentation. He is concerned and wants to discuss the City' s plans to mitigate the spread of COVID.
He would like an update and discussion of safety plans to keep the community safe.
After brief discussion, a motion was made to add this item as an urgency matter to this agenda. A substitute motion was then made to include the matter on the next agenda, but the motion failed. The original motion was voted on but the motion failed.
The item was not approved to be placed on this agenda.
4. PUBLIC HEARINGS
4. 1 Case No. 2021- 0229 - Public Hearing and Consideration and Adoption of the 2021- 2029 Housing Element Update to the Westminster General Plan.
Interim Community Development Director Kurita, made a brief staff report presentation. She introduced Amanda Tropiano, De Novo Planning Group, consultant, who made a power point presentation describing and explaining the complete process relating to the Housing Element 2021- 2029 ( 6th Cycle). The presentation included the following:
Describing the process for community participation and the outreach involved; Background and information as to what is a Housing Element.
She described policies, programs, and goals specific to housing in the City.
She explained the housing needs and allocations as determined by the State and the region through SCAG.
MINUTES OF REGULAR MEETING January 26, 2022
Consultant Tropiano explained the Regional Housing Needs Allocation (" RHNA") and the final numbers. She continued with the structure required to meet the needs, including new Housing Program and the list, the strategy to accommodate RHNA, and proposed site inventory. She provided information and clarification relating to the HCD review and HCD Comment Letter with findings.
Mayor Ta appreciated Consultant Tropiano for the presentation and asked for the current numbers of low- income housing.
ConsultantTropiano, in responseto MayorTa, repeatedproposedsite inventory, zoning site and the obligations that need to be met, discussed State laws and revitalizing areas within the City.
Council Member Ho requested for an example of an unused residential site and expressed concerns regarding informing the zone changes to the landowners.
Consultant Tropiano, in response to Council Member Ho, gave an example and explained the General Plan includes proactive outreach from the City to the property owners, developers and the community.
Vice MayorManzoexpressedconcernsregardingthe City's rolesand efforts being made to encourage the owners to use their land.
City Attorney Bettenhausen, in response to Vice Mayor Manzo, explained the City's roles in informing and sending special notices to the property owners regarding the General Plan designation and the zoning. The owners will decide to take advantage of the opportunity or not.
Vice MayorManzoquestionedregardingwho will monitorthe accountabilityof low- income portion of Accessory Dwelling Units (ADU's).
Planning Manager Ratkay, in response to Vice Mayor Manzo, stated the current ADU application forms include the questions regarding the intention of rental of the ADU unit. The City is gathering information to have a general sense of whether it is at the market rate or affordable rate.
Council Member Nguyen questioned regarding the effect of Senate Bill 9 (SB9) to the Housing Element plan.
Planning Manager Ratkay, in response to Council Member Nguyen, explained the insignificant changes as SB 9 only applies to single residential units while most of the underutilized residential sites are multi- family sites.
Council Member Do expressed concerns regarding forwarding the information collected to the State for monitoring and verifying the information on the applications.
MINUTES OF REGULAR MEETING January 26, 2022
Planning Manager Ratkay, in response to Council Member Do, stated the information collected is stored internally and the City does not have a way to forward to the State.
He explained that the applicants need to sign an affidavit on the application form stating that all the information provided is correct and is available for the public inspection.
MAYOR TA OPENED THE PUBLIC HEARING AND SPEAKERS WISHING TO
SPEAK IN FAVOR OR IN OPPOSITION TO THE ITEM COULD SPEAK AT THIS TIME.
E- Comments
1. Mitchell Tsai, on behalf of the Southwest Regional Council of Carpenters, raised concerns regarding the EIR submitted prior to Certification of the EIR for the project, requested the City provide notices referring or related to the project issued under CEQA and listed several requirements the City should have.
Zoom Comments
2. Terry Rains, Westminster, encouraged staff and Council to read complete staff report and documents, spoke in support of affordable housing but need better monitoring of low- income housing and City to provide more low income units, suggested the City working with non- profit organizations and contractors.
3. Eitel, Carpenter' s Union Representative, requested for language to be added to include local hires of skilled, trained, and certified professionals. This will help the local economy, residents, and the City overall.
THERE BEING NO ADDITIONAL SPEAKERS, MAYOR TA CLOSED THE PUBLIC HEARING.
The City Council asked various questions, for clarification, and expressed various concerns. After much discussion on this matter, they asked the consultant to also respond to comments and concerns expressed by the public.
Following the Public Hearing comments, Consultant Tropiano responded to various questions, concerns, public comments, and provided clarification regarding CEQA and EIR comments.
MINUTES OF REGULAR MEETING January 26, 2022
Motion was made by Council Member Do, and secondedby MayorTa to adopta -- Resolution No. 5097 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."
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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 Develop and Operate a Residential Care Facility on a Vacant Lot Located at 8251 Heil Avenue.
InterimCommunityDevelopmentDirectorKuritaintroducedSeniorPlannerWong, who will be providing the staff presentation regarding the Public HearingAgenda Item No. 4. 2.
Senior PlannerWong gave a brief presentationregardingthe projectlocationand description, identified the proposed entitlements and actions. He discussed the project background, the planning conditions and recommendation Council Member Ho expressedconcerns regardinggetting RHNA credits if the project is approved and questioned if the City received previous proposals on property for development.
Planning Manager Ratkay, in response to Council Member Ho, answered that the City is waiting for the clarification from HCD regarding RHNA credits. He explained the Ocean View School District's plan on a car lot proposal over 20 years ago and the WestminsterGeneralPlan and zoningdoes not apply in this case. It is now a separate parcel for school purposes and came under the governing control of the City's GeneralPlanandzoningaftertheschooldistrictnotifiedtheCitythattheyno longerplanto usethis portionof theirpropertyin 2020.
Vice Mayor Manzo asked about the Planning Commission's recommendation regarding this project.
MINUTES OF REGULAR MEETING January 26, 2022
Senior Planner Wong, in response to Vice Mayor Manzo, stated the recommendation of Don Anderson, a Planning Commissioner, regarding adding additional architectural embellishments to the four ends of the building. He explained that there was some confusion on the elevations and the applicant was willing to work on making those changes.
Vice Mayor Manzo expressed concerns regarding the trip generation study of the project.
Interim Assistant City Manager Ozaeta, explained that the City' s consultants gave a brief calculation regarding the study of the project, which concluded that it is significantly below the threshold and would require additional analysis.
Council Member Do questioned why there is no information regarding the applicant in the staff report.
Senior Planner Wong, in response to Council Member Do, explained that the applicant' s information is included in the Planning Commission' s report which is also attached to the staff report.
MAYOR TA OPENED THE PUBLIC HEARING.
MAYOR TA ASKED IF THERE WERE ANY SPEAKERS WISHING TO SPEAK IN FAVOR OR IN OPPOSITION TO THE ITEM.
Ocean View School District expressed support regarding the Agenda Item No. 4.2, stated that it would enhance the financial support of OVSD' s programs and its mandate to provide education to the community.
Zoom Comments
1. Terry Rains, Westminster, reminded the City to re-examine if the project is consistent with the City' s general plan and zoning requirements, expressed concerns regarding the inappropriate zoning for space size, and questioned about the project' s address being the same with Westmont Elementary School s and not having enough parking spaces for the facility staff and visitors.
2. Kevin Moriarty, ActiveCare Living & Applicant, spoke regarding project and the need for more beds for residential care, stated the conducting of traffic study and noise issue, and reassured about overflow parking available on Heil Avenue.
THERE BEING NO ADDITIONAL SPEAKERS, MAYOR TA CLOSED THE PUBLIC HEARING.
MINUTES OF REGULAR MEETING January 26, 2022
Vice Mayor Manzo asked for more informationregardingthe proposed parking -- situation with staff and residents. He asked for clarification regarding the facility' s address being the same as Westmont Elementary School' s and if the applicant agrees with the Planning Committee' s modifications.
KevinMoriarty,ActiveCareLiving, in responsetoViceMayorManzo, spokeregarding the parking studies that have analyzed the existing usage of the proposed parking spaces. He also explained that the project' s address will be assigned when ActiveCare Living apply for building permits and that they agree with the Planning Committee' s modifications.
Discussion ensued regarding the parking issues and residents' concerns.
City Attorney Bettenhausen suggested if the Council chooses to approve this project, the City Council can make two separate motions, one for the resolution and the second for the ordinance.
Motion was made by Council Member Do, and seconded by Vice Mayor Manzo to:
A) Adopt Resolution No. 5098 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER ADOPTING A MITIGATED NEGATIVE DECLARATION ASSOCIATED WITH CASE NO. 2020- 1127
INVOLVING A GENERAL PLAN AMENDMENT, ZONING MAP AMENDMENT,
CONDITIONAL USE PERMIT, AND DEVELOPMENT REVIEW FOR THE
PROPOSED DEVELOPMENT OF A RESIDENTIAL CARE FACILITY ON
PROPERTY LOCATED AT 8251 HEIL AVENUE ( ASSESSOR' S PARCEL NUMBERS 107- 220- 68 AND 107- 220- 69)"; and
C) Adopt Resolution No. 5099 entitled, " A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER APPROVING CASE NO. 2020- 1127 INVOLVING A GENERAL PLAN AMENDMENT, CONDITIONAL
USE PERMIT ( CUP), AND DEVELOPMENT REVIEW FOR THE PROPOSED
DEVELOPMENT OF A RESIDENTIAL CARE FACILITY ON PROPERTY
LOCATED AT 8251 HEIL AVENUE ( ASSESSOR' S PARCEL NUMBERS 107- 220- 68 AND 107- 220- 69)."
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
MINUTES OF REGULAR MEETING January 26, 2022
B) Introduce Ordinance No. 2583 for first reading entitled, " AN ORDINANCE OF
THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER
AMENDING THE WESTMINSTER MUNICIPAL CODE 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.
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5. REGULAR BUSINESS
5. 1 City of Westminster Three- Year Strategic Plan and Six- Month Objectives.
Motion was made by Council Member Nguyen, and seconded by Vice Mayor Manzo to approve Amendment No. 2 to adopt the six- month strategic objectives matrix for January 17, 2022 through June 15, 2022.
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5. 2 Creation of Policy for Interactions Between City Staff and Outside Parties.
This Agenda Item was briefly presented by Interim City Manager Cordon. Additional comments and information was presented by Council Member Ho.
Council Member Ho expressed that an Ad Hoc Sub- Committee be implemented and that she wished to serve. Her intent is for the Ad Hoc Sub- Committee to review and evaluate policies from other agencies, to discuss, and create a policy to address the concerns of the City.
There was discussion and concerns were raised among the City Council Members regarding events pertaining to this matter. The concern was that a Council Member was present during an inspection at a business that may have intimidated an employee while performing their work. Council Member Do inquired about processes and potential of an employee feeling intimidated. Interim City Manager Cordon
MINUTES OF REGULAR MEETING January 26, 2022
responded and explained the process. He suggested that perhaps that process -- should be a policy for employees to report such interactions where they feel intimidated.
The City Council made various nominations, but the nominees were not available to serve. Mayor Ta was later nominated to serve as the Committee Member and he accepted.
Council Member Nguyen agreed with creating a policy, but did not trust the reasoning as presented by Council Member Ho, he voted no.
Motion was made by Council Member Ho, and seconded by Vice Mayor Manzo to authorize the preparation of a policy regulating interactions between City staff and outside parties, and to provide direction on its drafting.
Council Member Ho and Mayor Ta were appointed to serve on the Ad Hoc Sub- Committee.
The motion carried, 4-1, by the following roll call vote:
AYES: TA, MANZO DO, HO
NOES: NGUYEN
ABSENT: NONE
ABSTAIN: NONE
5. 3 Time Limits for Council Members During Discussion of Agenda Items.
This Agenda Item was presented by Council Member Nguyen. He proposed that there be an ordinance establishing that each Member of the City Council have 5 minutes to speak, for two rounds of discussion, to allow everyone equal time to speak.
The City Council ensued discussion regarding this matter. There were concerns raised about someone having to maintain the time as they speak, the time to present an item may take longer, and this may interrupt the ability to dialogue between members. It was also expressed that the intent of such a policy would be so that one person does not take an extended amount of time while another person is limited to a short time, etc.
Motion was made by Council Member Nguyen, seconded by Mayor Ta to amend and approve a limitation for speaking for elected officials on agenda items. The 1st round of speaking would be limited to five minutes and a 2nd round of speaking would be limited to five minutes contingent upon approval by the Mayor and Council approved for continued discussion, and call to question cannot be called before the end of the 2nd round.
MINUTES OF REGULAR MEETING January 26, 2022
The motion failed, 2-3, by the following roll call vote:
AYES: TA, NGUYEN
NOES: DO, HO, MANZO
ABSENT: NONE
ABSTAIN: NONE
5. 4 Consideration of a Resolution of Censure of Mayor Tri Ta for Unacceptable Conduct.
This Agenda Item was presented by Council Member Do who read the resolution in its entirety for the record.
After much discussion by the Mayor and City Council Members regarding the statements in the resolution and considerable debate, the City Council ended its deliberation.
Motion was made by Vice Mayor Manzo, and seconded by Council Member Do to:
A) Adopt Resolution No. 5100 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF WESTMINSTER, CENSURING MAYOR TRI TA FOR UNACCEPTABLE CONDUCT."
The motion carried, 3-2, by the following roll call vote:
AYES: DO, HO, MANZO
NOES: TA, NGUYEN
ABSENT: NONE
ABSTAIN: NONE
Motion was made by Council Member Do, and seconded by Council Member Ho to continue the meeting past midnight.
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6. LEGISLATIVE ITEMS
6. 1 Consideration of Adoption of a Resolution Modifying the Approval Process for Findings of Public Convenience or Necessity.
Council Member Ho asked for clarification regarding the proposed resolution.
MINUTES OF REGULAR MEETING January 26, 2022
Council Member Do expressed support for the proposed changes.
Vice Mayor Manzo echoed Council Member Do' s comments.
Additional discussion ensued regarding the proposed resolution.
Interim City Manager Cordon, Planning Manager Ratkay, and Police Chief Lenyi responded to various inquiries and concerns. After extensive discussion, City Attorney Bettenhausen provided language to amend the proposed resolution, which met the City Council' s intent.
Motion was made by Council Member Ho, and seconded by Vice Mayor Manzo to approve and adopt as amended Resolution No. 5101 entitled, " 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
The motion carried, 3-2, by the following roll call vote:
AYES: DO, HO, MANZO
NOES: TA, NGUYEN
ABSENT: NONE
ABSTAIN: NONE
7. COMMISSION AND COMMITTEE ITEMS
There were no Commission and Committee Items to be presented at this time.
8. COMMENTS FROM CITY COUNCIL/ AGENCY MEMBERS ( Including AB 1234 Report when required)
Council Member Do stated he looks forward to the upcoming TET Parade.
Vice Mayor Manzo thanked City staff and Police Chief Lenyi for their hard work and efforts and requested the Mayor and City Council focus on City matters.
CouncilMemberHothankedCitystafffor their hardwork, leadership, andefforts.
Council Member Nguyen expressed concern regarding COVID- 19, requested additional COVID-19 updates, and spoke regarding rumors of cancelling the TET Parade.
MINUTES OF REGULAR MEETING January 26, 2022
Mayor Ta thanked the City Council for expressing their concerns, thanked City staff for their hard work, leadership, and efforts, encouraged all to continue wearing masks and follow CDC protocol, and wished everyone a Happy Lunar New Year.
9. COUNCIL ADJOURNMENT: Mayor Ta adjourned the meeting on January 27, 2022 at 12: 51 a. m.
Next Regular Meeting will be held Wednesday, February 9, 2022 at 7:00 p.m.
Respectfully submitted:
b. IY. - la
As tant ity Clerk
APPROVED:
Tri Ta
Mayor/ Chair
ATTEST:
Lucie Colombo, CMC, CPMC
interim City Clerk
MINUTES OF REGULAR MEETING January 26, 2022
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