CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY FEBRUARY 9, 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 February 9, 2022 at 7: 16 p.m. in a Open Session via In-Person Hybrid ( teleconference/ web conference), City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
REGULAR SESSION
7: 00 PM
CONVENE CITY COUNCIL MEETING
The City Council/Successor Agency to the Westminster Redevelopment Agency meeting convened at 7: 16 p.m. in the Council Chambers and via teleconference/ web conference.
ROLL CALL MAYOR TRI TA, VICE MAYOR CARLOS MANZO,
COUNCIL MEMBERS TAI DO, KIMBERLY HO, CHI
CHARLIE NGUYEN
PRESENT TA, MANZO, DO, HO, 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
Deputy City Attorney Russell Hildebrand
Interim Assistant City Manager Adolfo Ozaeta
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
Assistant City Engineer Tuan Pham
Assistant City Clerk Abigail Y. Alcala
Administrative Assistant Tanya Ramirez
Planning Manager Steve Ratkay
Senior Planner Chris Wong
Housing Specialist Michael Son
Emergency Services Coordinator Robert Acosta
Emergency Services Coordinator David Segura
Orange County Fire Authority Division Chief Ron
Roberts
SALUTE TO FLAG Council Member Nguyen
MINUTES OF REGULAR MEETING FEBRUARY 9, 2022
INVOCATION City Attorney Bettenhausen
CITY ATTORNEY/ CLOSED SESSION REPORT - None.
EX PARTE COMMUNICATIONS - None.
REPORT FROM CITY CLERK
Assistant City Clerk Alcala stated there was late communication e-comments for public hearing Item Nos 4. 1 and 4.2 and late communication updating Agenda Item No. 3.1 reflecting the appropriate votes that are posted and available on the City Website. She introduced Emergency Services Coordinator Robert Acosta for a COVID- 19 update.
A. COVID- 19 Updates.
Emergency Services Coordinator Acosta provided an update regarding COVID- 19, discussed the current mask mandates, current cases, and announced his farewell and introduced his successor David Segura.
Emergency Services Coordinator Segura introduced himself and stated he looked forward to working with the City.
Mayor Ta thanked Emergency Services Coordinator Acosta for the COVID- 19 update, welcomed Mr. Segura, wished Emergency Services Coordinator Acosta a good retired and thanked him for his dedication and service.
Council Member Do wished Emergency Services Coordinator Acosta well in his retirement and thanked him for his service.
Vice Mayor Manzo thanked Emergency Services Coordinator Acosta for his hard work and dedication to the City.
Council Member Ho thanked Emergency Services Coordinator Acosta for his service and wished him well in his retirement.
Council Member Nguyen thanked Emergency Services Coordinator Acosta for the COVID update and wished him in his retirement.
CITY MANAGER REPORT
Interim City Manager Cordon thanked Emergency Services Coordinator Acosta for his service to the City and spoke regarding community projects and events, introduced new City personnel and spoke regarding boards, commission and committee vacancies.
Council Member Ho asked for clarifications on which Council Members have vacancies on Commissions.
MINUTES OF REGULAR MEETING FEBRUARY 9, 2022
Interim City Manager Cordon provided clarifications.
1. SPECIAL PRESENTATIONS — None.
2. ORAL COMMUNICATIONS — Part 1*
Conducted in 2 parts due to Public Hearing Agenda Item No. 4.1 at 8:00 p.m.
1. Tony Bui, Westminster, expressed concern regarding Council Member's duties, decisions and responsibilities as elected officials and spoke regarding Council Member's desire to remove the statue on Bolsa Ave. and the purchasing of the land of the temple.
Council Member Do expressed concern with the comments made Mr. Bui and stated false information should not be allowed during oral communications.
Council Member Ho stated false news should not be allowed during Oral Communications.
City Attorney Bettenhausen clarified the purpose and roles of the public and Council Members during Oral Communication and clarified that Council may make brief responses but may not have a discussion.
Vice Mayor Manzo stated that the City Council does not have the authority to remove the statue on private property and asked Interim City Manager Cordon to confirm.
Interim City Manager Cordon stated the City does not have jurisdiction on private property and has no intention of removing the statue on Bolsa Ave.
Council Member Do asked Interim City Manager Cordon to clarify and address Mr. Bui' s comment on Council Member' s desire to remove the statue on Bolsa and purchasing of the temple.
Interim City Manager Cordon stated the City Council has no intent on purchasing the temple nor removing the statue.
City Attorney Bettenhausen stated there has been no discussion rather clarification on the two items in questions.
Council Member Ho suggested Mr. Bui contact the Interim City Manager shall he have additional comments, concerns or questions regarding the removal of the stature and the purchasing of the temple.
Interim City Manager Cordon asked that if anyone has a question, report, comment or concern regarding rumors or news related to the City to please contact the City Manager' s Office as a resource.
MINUTES OF REGULAR MEETING FEBRUARY 9, 2022
2. Terry Rains, Westminster, spoke regarding her experience at the TET Parade, discussed the revised late communication on Agenda Item No. 3. 1, and discussed Agenda Item Nos. 3. 2, 3. 4, and 6. 1.
3. Khai Minh Dao, Westminster, congratulated and welcomed all new City personnel, thanked staff for all their hard work and participation in the TET Parade, spoke regarding interview with Council Member Do and spoke in support of Agenda Item No. 6. 1.
4. PUBLIC HEARINGS
4. 1 Public Hearing - Third Public Hearing for Redistricting to Receive Input and Testimony Regarding Proposed Draft District Maps Submitted, Composition of Council District Boundaries, and Communities of Interest.
Deputy City Attorney Barlow introduced the item.
City Attorney Bettenhausen noted that the public hearing needs to begin at 8:00 p.m. due to the public noticing requirement. He noted the City Council will take action on the Consent Calendar after the public hearing.
Dr. Justin Levitt, National Demographics Corporation, provided report, explained the process, and made a PowerPoint presentation on the proposed draft maps.
City Attorney Bettenhausen suggested taking public comments on the 4 district maps separately from the 5 district maps.
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.
E- COMMENT( S)
1. Minh Pham, Westminster, had comments regarding four- district and five- district maps and explained the distribution of each district. ( E- Comment)
2. Dan Ma, Westminster, had comments in support of public draft map Nos. 404 and 503. ( E- Comment)
3. Thoa Nguyen, Westminster, had comments in support of public draft map Nos. 404 and 503. ( E- Comment)
ZOOM - FOUR- DISTRICT MAPS
MINUTES OF REGULAR MEETING FEBRUARY 9, 2022
1. Lisa Nguyen, Westminster, spoke in support of draft map No. 404 for the four- district map and draft map No. 503 for the five-district map and explained the distribution of each district map.
2. Niki Nguyen, Westminster, spoke in support of draft map No. 404 for the four- district map and draft map No. 503 for the five-district map and explained the distribution of each district map.
3. Vincent Tran, Westminster, spoke in support of draft map No. 404 for the four- district map and draft map No. 503 for the five-district map and explained the distribution of each district map.
4. Terry Rains, Westminster, spoke about the importance of adopting a map that represents the Vietnamese community, spoke in support of draft map Nos. 401, 402, and 403.
5. Y Nguyen, Westminster, spoke in support of draft map No. 404 for the four- district map and draft map No. 503 for the five- district map.
6. Juliana Phan, Westminster, spoke in support of draft map No. 404 for the four-district map and draft map No. 503 for the five-district map.
ZOOM - FIVE- DISTRICT MAPS
1. Terry Rains, Westminster, spoke in support of developing a five-district map as opposed to a four-district map, spoke in support of draft map Nos. 501, 502, and 504.
2. Khai Minh Dao, Westminster, commended Council Member Do for supporting a rotating Mayor position, requested that the City Council place the measure on the ballot, requested that the City Council choose maps that represent the City well.
SINCE THERE WERE NO ADDITIONAL SPEAKERS, MAYOR TA CLOSED THE PUBLIC HEARING.
Vice Mayor Manzo asked how draft map Nos. 404 and 503 compare with meeting the legal criteria.
Dr. Levitt noted that all maps meet the legal criteria required for district maps.
Vice Mayor Manzo asked if there are concerns with some voters in the draft map No. 402 having voted in a recent election and an upcoming election.
Dr. Levitt noted that if that concern is the deciding factor between two maps, it could help determine which map gets chosen.
MINUTES OF REGULAR MEETING FEBRUARY 9, 2022
Deputy City Attorney Barlow requested that the City Council provide direction on which maps they prefer and which maps they would like to eliminate.
Mayor Ta spoke in support of map Nos. 401 and 402 as a second option.
Vice Mayor Manzo spoke in support of map Nos. 402 and 404 for the four- district maps and map Nos. 503 and 505 for the five- district maps.
Mayor Ta asked what the difference is between map No. 401 and 404.
Dr. Levitt noted there are significance differences in the map and briefly went over the geographical differences.
There was a discussion amongst the City Council on which district maps to keep for the four- district map options.
Motion was made by Council Member Do, and seconded by Vice Mayor Manzo to move forward with map Nos. 401, 402, and 403 for the four- district map options and eliminate all other map options.
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Motion was made by Mayor Ta, and seconded by Council Member Ho to:
A. Receive the staff report on the redistricting process and permissible criteria to be considered to evaluate district boundaries; and
B. Conduct a Public Hearing ( No. 2) to receive public input on the four- district maps.
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
There was a discussion amongst the City Council on which district maps to keep for the five- district map options.
Council Member Ho asked what the difference is between map No. 501 and 502.
MINUTES OF REGULAR MEETING FEBRUARY 9, 2022
Dr. Levitt briefly descripted the difference between the two maps and noted the maps were submitted by the same individual.
Motion was made by Council Member Do, and seconded by Vice Mayor Manzo to move forward with map Nos. 502, 503, and 505 for the five-district map options and eliminate all other map options.
The motion carried 3-0-2, by the following roll call vote:
AYES: MANZO, DO, HO
NOES: NONE
ABSENT: NONE
ABSTAIN: TA, NGUYEN
Council Member Do thanked individuals who helped in the redistricting process and noted that he did not support draft map No. 404.
Motion was made by Vice Mayor Manzo, and seconded by Council Member Do to:
A. Receive the staff report on the redistricting process and permissible criteria to be considered to evaluate district boundaries; and
B. Conduct a Public Hearing ( No. 2) to receive public input for the five- district maps.
The motion carried 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Deputy City Attorney Barlow noted the next public hearing regarding redistricting will be February 23, 2022.
2. ORAL COMMUNICATIONS ( Continued) — Part 2*
Conducted in 2 parts due to Public Hearing Agenda Item No. 4. 1 at 8:00 p.m.
1. Camilla Overbeek, Westminster, thanked Mr. Acosta for his hard work for the City, expressed concern with the Police Department not wearing masks at a community event, expressed concern with City Council Member behavior on zoom calls.
3. CONSENT CALENDAR
MINUTES OF REGULAR MEETING FEBRUARY 9, 2022
MINUTES
3. 1 Minutes of the City Council/ Successor Agency to the Westminster Redevelopment Agency for Approval.
ACTION: The Mayor and City Council approved the Minutes of the City Council/ Successor Agency as presented for the date listed below:
A. January 5, 2022 — Special Meeting ( Regular Session)
ORDINANCES
Council Member Nguyen recused himself due to Conflict of Interest.
3. 2 THIS AGENDA ITEM WAS MOVED FOR SEPARATE DISCUSSION.
SEE END OF CONSENT CALENDAR ITEMS.)
3. 3 Second Reading and Adoption of Ordinance No. 2583 Amending 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).
ACTION: The Mayor and City Council adopted Ordinance No. 2583 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 waived further reading.
ADMINISTRATIVE ACTIONS
3. 4 Acceptance of Donation from Manufactured Housing Educational Trust to the Westminster Family Resource Center for Fiscal Year 2021- 2022.
ACTION: The Mayor and City Council:
A. Accepted donation from Manufactured Housing Educational Trust for Fiscal Year 2021- 2022; and
B. Amended the Fiscal Year 2021- 2022 Adopted Budget by designating donation revenues in the amount of $ 1, 500 and increasing budget expenditures for the Westminster Family Resource Center ( WFRC) account in the amount of$ 1, 500.
MINUTES OF REGULAR MEETING FEBRUARY 9, 2022
3. 5 THIS AGENDA ITEM WAS MOVED FOR SEPARATE DISCUSSION.
SEE END OF CONSENT CALENDAR ITEMS.)
3. 6 THIS AGENDA ITEM WAS MOVED FOR SEPARATE DISCUSSION.
SEE END OF CONSENT CALENDAR ITEMS.)
END OF CONSENT CALENDAR
Motion was made by Vice Mayor Manzo, and seconded by Council Member Do to approve the Consent Calendar, except Item Nos. 3. 2, 3. 5 and 3. 6.
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
AGENDA ITEM( S) PULLED FROM CONSENT CALENDAR FOR SEPARATE
DISCUSSION
ORDINANCES
3. 2 Second Reading and Adoption of Ordinance No. 2575 Amending Title 17 (Land Use) of the Westminster Municipal Code to Allow Properties Developed With an Accessory Dwelling Unit and/ or Junior Accessory Dwelling Unit to Expand the Width of Their Driveway by Five Feet.
Council Member Nguyen recused himself from participation due to potential conflict of interest.
Motion was made by Council Member Do, and seconded by Council Member Ho to adopt Ordinance No. 2575 entitled, " AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER AMENDING TITLE 17 ( LAND
USE) OF THE WESTMINSTER MUNICIPAL CODE TO ALLOW PROPERTIES
DEVELOPED WITH AN ACCESSORY DWELLING UNIT AND/ OR JUNIOR
ACCESSORY DWELLING UNIT TO EXPAND THE WIDTH OF THEIR
DRIVEWAYS BY FIVE FEET," read by title only and waive further reading.
The motion carried 3-1-0- 1, by the following roll call vote:
AYES: TA, DO, HO
NOES: MANZO
ABSENT: NONE
ABSTAIN: NONE
RECUSE: NGUYEN
MINUTES OF REGULAR MEETING FEBRUARY 9, 2022
WARRANT REGISTER
3. 5 ( City Council and Successor Agency) Warrant Register dated January 20, 2022 through February 02, 2022.
Council Member Do asked staff to provide an explanation on how invoices are processed for Jones & Mayer.
City staff explained the process for paying invoices to City Attorney' s office Jones & Mayer.
Motion was made by Council Member Do, and seconded by Mayor Ta to receive and file the report.
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
REPORTS
3. 6 Additional Information Related to the Process for the Sale of City Property.
Council Member Ho inquired about information pertaining to an appraisal to establish a fair market value for the property.
City Attorney Bettenhausen and Deputy City Attorney Hildebrand responded to City Council inquiries and noted how fair market value is established.
The City Council discussed establishing a policy for appraisals for the future to keep checks and balances.
Council Member Ho requested a future item on the City Council agenda to establish a policy for appraisals.
Motion was made by Vice Mayor Manzo, and seconded by Council Member Ho to receive and file the report.
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 FEBRUARY 9, 2022
REQUEST TO MOVE AGENDA ITEM NO, 6. 1 OUT- OF- ORDER.
Motion was made by Council Member Do, and seconded Mayor Ta to move Agenda Item No. 6.1 out-of-order to be conducted prior to Public Hearing Agenda Item No. 4. 2.
The motion carried, 5-0, by the following roll call vote:
AYES: TA, NGUYEN, DO, HO, MANZO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
AGENDA ITEM( S) MOVED OUT- OF- ORDER
6. 1 Discussion Whether to Add Five- District Map to June 7, 2022 Ballot Measure Concerning the Office of Elected Mayor.
Deputy City Attorney Barlow briefly went over the staff report.
Council Member Do discussed the logistics of this potential measure and the current redistricting process.
Vice Mayor Manzo if there are any other cities where a district map is included on a ballot measure.
Deputy City Attorney Barlow answered affirmatively but noted it's not required.
Council Member Do asked why this item was brought before the City Council.
Deputy City Attorney Barlow stated that staff wanted the City Council to be aware of the options available.
Council Member Ho clarified that the district map does not have to be included on the ballot measure and requested that the map not be included with the measure.
Deputy City Attorney Barlow answered affirmatively.
Motion was made by Council Member Ho, and seconded by Vice Mayor Manzo to not include a five- district map to the June 7, 2022 ballot measure concerning the Office of Elected Mayor.
The motion carried, 5-0, by the following roll call vote:
MINUTES OF REGULAR MEETING FEBRUARY 9, 2022
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4. PUBLIC HEARINGS
4. 2 Public Hearing - Consideration of the City of Westminster' s Housing and Community Development Needs in Preparation of the FY 2022- 2023 Annual Action Plan.
Interim Community Development Director Kurita provided a presentation regarding the item.
Council Member Nguyen inquired about the funding to pay for staff support.
Interim Community Development Director Kurita clarified the amount of funds allocated for administrative support.
Vice Mayor Manzo inquired about how the percentages are determined.
Interim Community Development Director Kurita noted that it's determined by the CDBG program that is administered by Housing and Urban Development ( HUD).
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.
E- COMMENT( S)
1. Irene Martinez, Westminster, expressed support for the program. ( E- Comment)
ZOOM
2. Kenneth Armstrong, Westminster, discussed the importance of public feedback on the Housing Element, suggested resources for renters and evictions, and suggest implementing a mobile home protection ordinance.
3. Stella Verdeja, Fair Housing Foundation, discussed their partnership with the City of Westminster, discussed the resources they have available.
4. Terry Reins, Westminster, discussed previous projects that were funded, requested staff to provide a breakdown of funds that carryover year to year, is looking forward to participating in the annual action plan going forward.
MINUTES OF REGULAR MEETING FEBRUARY 9, 2022
SINCE THERE WERE NO ADDITIONAL SPEAKERS, MAYOR TA CLOSED THE PUBLIC HEARING.
Motion was made by Council Member Ho, and seconded by Mayor Ta to receive and file comments regarding the City's housing and community development needs in preparation of the FY 2022- 2023 Annual Action Plan.
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 — None.
6. LEGISLATIVE ITEMS
AGENDA ITEM NO. 6. 1 MOVED OUT- OF- ORDER PRIOR TO PUBLIC HEARING AGENDA ITEM NO. 4. 2
7. COMMISSION AND COMMITTEE ITEMS - None.
8. COMMENTS FROM CITY COUNCIL/ AGENCY MEMBERS ( Including AB 1234 Report when required)
Council Member Nguyen thanked City staff for the recent TET parade in the City.
Council Member Ho wished everyone a Happy New Year, echoed the thoughts of Council Member Nguyen regarding the recent parade in the City, noted that she was happy to see the Council meeting end at a reasonable time.
Vice Mayor Manzo thanked City staff for the recent parade in the City, expressed concern that the Council Members were not treated the same during the parade.
Council Member Do wished everyone a Happy New Year, discussed the recent parade in the City and thanked City staff, discussed the amount of fake news in the community regarding Council Members, requested a future agenda item to bring a resolution to denounce fake news.
Vice Mayor Manzo expressed his support for the City Attorney to assist in drafting a resolution to address fake news.
Council Member Nguyen discussed the policy on how Council Members bring items to future City Council meetings.
MINUTES OF REGULAR MEETING FEBRUARY 9, 2022
Council Member Do requested that the City Council have a unified front in requesting this agenda item for a future meeting.
City Attorney Bettenhausen noted the City Council does have a policy but can also add an item on the agenda by vote.
Interim City Manager Cordon clarified that the direction is to draft a resolution to denounce fake news and include specific examples of fake news circulating in the community.
Motion was made by Council Member Do, and seconded by Vice Mayor Manzo to draft a resolution to denounce fake news and citing examples to a future City Council meeting.
The motion carried, 3- 1-0-1, by the following roll call vote:
AYES: MANZO, DO, HO
NOES: NGUYEN
ABSENT: NONE
ABSTAIN: TA
Vice Mayor Manzo requested to add a proclamation for Black History Month to the next City Council meeting.
Interim City Manager Cordon answered affirmatively.
Mayor Ta thanked City staff for the recent TET parade in the City.
SECTION INTETIONALLY LEFT BLANK]
MINUTES OF REGULAR MEETING FEBRUARY 9, 2022
9. COUNCIL ADJOURNMENT
There being no further business to discuss, Mayor Ta adjourned the meeting at 10:53 p.m.
Next Regular Meeting will be held Wednesday, February 23, 2022 at 7:00 p.m.
Respectfully submitted:
444.
Abigail Y. Alcala
Assistant City Clerk
APPROVED:
Tri Ta
Mayor/ Chair
ATTEST:
Lucie Colombo, CMC, CPMC
Interim City Clerk
MINUTES OF REGULAR MEETING FEBRUARY 9, 2022
THIS PAGE INTENTIONALLY LEFT BLANK]