CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY March 23, 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 March 23, 2022 at 6: 12 p.m. in a Closed Session via teleconference/ web conference. 6: 00 P. M.
CLOSED SESSION
ROLL CALL: MAYOR TRI TA
VICE MAYOR CARLOS MANZO
COUNCIL MEMBER TAI DO
COUNCIL MEMBER KIMBERLY HO
COUNCIL MEMBER CHI CHARLIE NGUYEN
PRESENT: TA, MANZO, DO, HO, NGUYEN
ABSENT: NONE
STAFF PRESENT: Interim City Manager Christine Cordon City Attorney Christian Bettenhausen
Deputy City Attorney Jammar Boyd-Weatherby
Interim Assistant City Manager Adolfo Ozaeta
Interim City Clerk Lucie Colombo
Human Resources Director Jodie Griner
Police Commander Alan lwashita
Assistant City Clerk Abigail Y. Alcala
Administrative Assistant II Tanya Ramirez
ORAL COMMUNICATIONS FOR CLOSED SESSION MATTERS
1. Terry Rains, Westminster, spoke regarding potential litigation and having policies and procedures in place to prevent future litigation.
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 6:15 p.m. for the following purpose:
1. Conference with Legal Counsel pursuant to Government Code Section 54956. 9( d)( 2): Potential Litigation
Number of Cases: Two ( 2).
RECESS: Mayor Ta recessed the meeting at 7:23 p.m. to be held via teleconference.
MINUTES OF REGULAR MEETING March 23, 2022
RECONVENE CITY COUNCIL MEETING: The City Council/ Successor Agency to the Westminster Redevelopment Agency meeting reconvened from Closed Session at 7:31 p.m. to the City Council Meeting via teleconference/ web conference.
ROLL CALL: MAYOR TRI TA
VICE MAYOR CARLOS MANZO
COUNCIL MEMBER TAI DO
COUNCIL MEMBER KIMBERLY HO
COUNCIL MEMBER CHI CHARLIE NGUYEN
PRESENT: TA, MANZO, DO, HO, NGUYEN
ABSENT: NONE
Interim City Clerk Interim Lucie Colombo announced a quorum with all members present.
STAFF PRESENT: Interim City Manager Christine Cordon City Attorney Christian Bettenhausen
Interim Assistant City Manager Adolfo Ozaeta
Interim City Clerk Lucie Colombo
Interim Community Development Director Debra Kurita
Finance Director Erin Backs
Acting Community Services Director Vanessa Johnson
Human Resources Director Jodie Griner
Deputy Police Chief Darin Upstill
Public Works Director/ City Engineer Jake Ngo
Assistant City Clerk Abigail Y. Alcala
Management Analyst Ryan Salz
Police Commander Cord Vandergrift
Police Commander Alan Iwashita
Administrative Assistant Tanya Ramirez
Emergency Services Coordinator David Segura
Orange County Fire Authority Division Chief Ron
Roberts
SALUTE TO FLAG: Council Member Ho
INVOCATION: Council Member Nguyen
CITY ATTORNEY/ CLOSED SESSION REPORT: City Attorney Bettenhausen stated no reportable action and made a statement clarifying the rules regarding signs during virtual meetings.
EX PARTE COMMUNICATIONS: None.
MINUTES OF REGULAR MEETING March 23, 2022
REPORTFROMCITYCLERK: InterimCity ClerkColomboinvitedresidentsto applyfor Commission and Committee vacancies. She introduced Emergency Services Coordinator David Segura for a COVID- 19 update.
A. COVID- 19 Updates.
Emergency Services Coordinator Segura provided an update regarding COVID- 19.
CITY MANAGER REPORT: Interim City Manager Cordon spoke regarding community events related to Tony Lam Park, Bunny Hop — April 9th and 16th at various parks and newsletter availability on the City website.
1. SPECIAL PRESENTATIONS — None.
2. ORAL COMMUNICATIONS
1. Tony Bui, Westminster, spoke regarding concerns of the City' s stability including finances, affordable housing and local businesses.
2. Roger Mindrum, Westminster, requested public comments be placed at the end of the agenda, expressed concern regarding Council' s shortfall of contribution and purpose, lack of access to City Council meeting for the public and the City' s finances.
3. Camilla Overbeek, Westminster, spoke regarding the cost and placement of the sales tax measure, and expressed concern regarding Council Member Ho's stance of the sales tax measure and Council Member Do' s lengthy item at the last meeting.
4. Deborah Mariscal, Westminster, thanked City staff for their hard work, echoed previous comments, expressed concern regarding agendas, and requested the tax measure be placed on the ballot.
5. Terry Rains, Westminster, spoke in support of In-person/ hybrid meetings, requested E-Comments be read in their entirety, and spoke regarding Agenda Item Nos. 3.4, 3.8, 5.3, 6.2. She also spoke regarding notice of vacancies, fake news, and the tax measure.
3. CONSENT CALENDAR
Motion was made by Council Member Nguyen, and seconded by Vice Mayor Manzo to approve the Consent Calendar, except Agenda Item Nos. 3. 2 and 3. 4.
MINUTES OF REGULAR MEETING March 23, 2022
The motion carried 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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. March 14, 2022 - Special Meeting ( Regular Session).
RESOLUTIONS
3. 2 AGENDA ITEM NO. 3. 2 WAS PULLED FOR SEPARATE DISCUSSION
3. 3 Approve Resolutions Updating Signing and Safekeeping Authority for the City of Westminster and the Successor Agency to the Westminster Redevelopment -- Agency.
ACTION: The Mayor/ Chair and City Council/ Agency Members:
A. Adopted Resolution No. 5105 entitled " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER AUTHORIZING
OFFICIAL SIGNATURES ON BEHALF OF THE CITY FOR SAFEKEEPING
CITY PROPERTY AND AUTHORIZING FACSIMILE SIGNATURES FOR
INSTRUMENT OF PAYMENT"; and
B. Adopted Resolution No. 5106 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER UPDATING
AUTHORIZED SIGNERS FOR INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND ( LAIF)"; and
C. Adopted Resolution No. 59 entitled, " A RESOLUTION OF THE SUCCESSOR
AGENCY TO THE WESTMINSTER REDEVELOPMENT AGENCY
AUTHORIZING OFFICIAL SIGNATURES ON BEHALF OF THE AGENCY
FOR SAFEKEEPING AGENCY PROPERTY AND AUTHORIZING
FACSIMILE SIGNATURES FOR INSTRUMENT OF PAYMENT"; and
MINUTES OF REGULAR MEETING March 23, 2022
D. Adopted Resolution No. 60 entitled, " A RESOLUTION OF THE SUCCESSOR
AGENCY TO THE WESTMINSTER REDEVELOPMENT AGENCY
UPDATING AUTHORIZED SIGNERS FOR INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND ( LAIF)."
ORDINANCES
3. 4 AGENDA ITEM NO. 3. 4 WAS PULLED FOR SEPARATE DISCUSSION
ADMINISTRATIVE ACTIONS
3. 5 2021 Edward Byrne Justice Assistance Grant ( JAG) Memorandum of Understanding in Fiscal Year 2021- 2022.
ACTION: The Mayor and City Council:
A. Approved the Memorandum of Understanding ( MOU) for the 2021 Edward Byrne Memorial Justice Assistance Grant ( JAG) Program and authorized the Interim City Manager to execute the related 2021 JAG grant documents; B. Approved a revenue estimate of$ 18, 000 to the 2021 Justice Assistance Grant JAG) Program, Grant Revenue Account for the Fiscal Year 2021- 22 budget; and
C. Approved an appropriation of $ 18, 000 to the 2021 Justice Assistance Grant JAG) Program Grant expenditures budget for the Fiscal Year 2021- 22 for part- time wages.
3. 6 Special Event Permit Application from the Vietnamese American Federation of Southern California, the Coalition of Vietnamese Veteran Association, and Central Coordinator- Republic of Vietnam Armed Forces in Southwestern USA; to hold a Black April Memorial on Saturday, April 30, 2022 at Sid Goldstein Freedom Park, 14180 All American Way.
ACTION: The Mayor and City Council approved the Special Event Permit application for a Black April Memorial at Sid Goldstein Freedom Park on April 30, 2022, subject to the conditions.
3. 7 West Orange County Water Board ( WOCWB) Annual Operational Budget for FY 2022/ 23.
ACTION: The Mayor and City Council approved the West Orange County Water Board' s FY 2022/ 23 budget shared among Westminster, Huntington Beach, Seal Beach, and Garden Grove, approving Westminster' s contribution of$ 279, 908.
MINUTES OF REGULAR MEETING March 23, 2022
WARRANT REGISTER
3. 8 ( City Council and Successor Agency) Warrant Register dated March 3, 2022 through March 16, 2022.
ACTION: Received and filed.
REPORTS
3. 9 Treasurer' s Report for February 2022.
ACTION: Received and filed.
3. 10 Housing Element Annual Progress Report for Calendar Year 2021.
ACTION: The Mayor and City Council received and filed the report, and directed staff to submit the report to the State Department of Housing and Community Development and Governor' s Office of Planning and Research.
AGENDA ITEM NOS 3. 2 AND 3. 4 PULLED FROM CONSENT CALENDAR
RESOLUTIONS
3. 2 Resolution to Continue Authorizing the Conduct of Remote " Telephonic" Meetings During the State of Emergency.
Vice Mayor Manzo and Council Member Nguyen requested that City Council meetings return to in- person in accordance with CDC guidelines to include council chambers at full capacity and mask recommendation.
Interim City Manager Cordon stated the City would follow CDC guidelines which states that masks are strongly recommended and spoke regarding hybrid meetings.
Council Member Ho asked if Council would be required to wear a mask.
Interim City Manager Cordon spoke regarding council chamber COVID modifications and stated Council would return to in- person meetings on April 13, 2022.
Vice Mayor Manzo asked if Council was allowed to request that certain e- comments be read for the record.
Interim City Manager Cordon spoke regarding e-comments.
Discussion ensued regarding oral communications and audio in council chambers.
MINUTES OF REGULAR MEETING March 23, 2022
Motion was made by Vice Mayor Manzo, and seconded by Council Member Do to adopt Resolution No. 5107, as amended, 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."
The motion carried 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ORDINANCES
3. 4 Adoption of Ordinance No. 2585 to Conduct Second Reading and Adopt 4- District Map ( 402) and Establish Council District Boundaries, and Ordinance No. 2584 to Conduct Second Reading and Adopt 5- District Map ( 507) and Establish Council District Boundaries and Election Sequence.
Council Member Nguyen asked for clarification regarding the first and second reading of the ordinances and the adoption of maps.
City Attorney Bettenhausen explained the adoption of the maps and ordinances.
Motion was made by Council Member Nguyen, and seconded by Vice Mayor Manzo to Conduct a second reading, read by title only, waive further reading, and adopt Ordinance No. 2585, entitled: " AN ORDINANCE OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER, ESTABLISHING THE REDISTRICTING BOUNDARIES OF EACH ELECTORAL DISTRICT — FOUR DISTRICTS," thereby adopting Map No. 402, the Election Sequence, and 4- District Boundaries.
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 March 23, 2022
Motion was made by Vice Mayor Manzo, and seconded by Council Member Ho to conduct a second reading, read by title only, waive further reading, and adopt Ordinance No. 2584, entitled: " AN ORDINANCE OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER, ESTABLISHING THE REDISTRICTING BOUNDARIES OF EACH ELECTORAL DISTRICT — FIVE DISTRICTS," thereby adopting Map No. 507, the Election Sequence, and 5-District Boundaries.
The motion carried 3-0-2, by the following roll call vote:
AYES: MANZO, DO, HO
NOES: NONE
ABSENT: NONE
ABSTAIN: TA, NGUYEN
4. PUBLIC HEARINGS
4. 1 Continued from February 23, 2022 Meeting - Public Hearing - Resolution to Authorize Participation in the Statewide Community Infrastructure Program SCIP).
Management Analyst Salz gave a brief presentation.
Council Member Ho asked for clarification regarding question 8.
Management Analyst Salz explained the benefit provided for future property owners.
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.
1. Terry Rains, Westminster, spoke regarding and in opposition of SCIP.
SINCE THERE WERE NO ADDITIONAL SPEAKERS, MAYOR TA CLOSED THE PUBLIC HEARING.
Mayor Ta asked for clarification regarding the monies related and the program participants.
Management Analyst Salz stated the City will not pay for the program and explained the developer' s participation and involvement.
MINUTES OF REGULAR MEETING March 23, 2022
Discussion ensued regarding participation, penalties, benefits, monies and liability.
Motion was made by Council Member Nguyen, and second by Mayor Ta to adopt Resolution No. 5108 entitled, " A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER AUTHORIZING THE CITY TO JOIN THE STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM; AUTHORIZING
THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO
ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT SPECIAL
ASSESSMENT PROCEEDINGS AND LEVY ASSESSMENTS AND SPECIAL
TAXES AND TO FORM ASSESSMENT DISTRICTS AND COMMUNITY
FACILITIES DISTRICTS WITHIN THE TERRITORY OF THE CITY OF WESTMINSTER; EMBODYING A JOINT COMMUNITY FACILITIES AGREEMENT
SETTING FORTH THE TERMS AND CONDITIONS OF COMMUNITY FACILITIES DISTRICT FINANCINGS; APPROVING FORM OF ACQUISITION AGREEMENT FOR USE WHEN APPLICABLE; AND AUTHORIZING RELATED ACTIONS." The motion carried 4-0- 1, by the following roll call vote:
AYES: TA, MANZO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: DO
5. REGULAR BUSINESS
5. 1 Authorization to Increase Vehicle Fuel Purchase Order for FY 2021/ 22 from 330, 000 to $ 430, 000 and Increase the Motor Pool Supplies Budget by 100, 000. 00 to Cover Higher Fuel Cost for FY 2021/ 22.
Vice Mayor Manzo asked regarding take home vehicles study and requested findings be reported back to Council, and asked that staff look into leasing gas and electric vehicles.
Interim City Manager Cordon spoke regarding the usage, management, and findings of take home vehicles.
Public Works Director/ City Engineer Ngo spoke regarding the leasing of city vehicles.
Discussion ensued regarding leasing, purchasing and grant funding regarding city vehicles, and the bid process and contract.
Motion was made by Council Member Nguyen, and seconded by Mayor Ta to:
A. Approve an increase of$ 100, 000. 00 to Purchase Order No. 20220163 to SC Fuels for Gasoline and Diesel Fuel; and
MINUTES OF REGULAR MEETING March 23, 2022
B. Approve a budget adjustment of $ 100, 000 to Motor Pool- Supplies Account No. 58000- 44000 from Equipment Replacement Fund 700 fund balance.
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 Authorization to Transfer Funds for the Repair of City Vehicle.
Motion was made by Council Member Ho, and seconded by Council Member Do to:
A. Increase the Revenue Budget of Account Number 58000- 39069 ( Motor Pool Fund- Reimbs- Other) by $ 39, 345; and
B. Increase the Expenditure Budget of Account Number 58000- 43090 ( Motor Pool- Contractual- Other) by $ 39, 345.
The motion carried 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5. 3 Resolution in Support of Divestment from Russia and Providing a Statement of Solidarity with the People of Ukraine.
Council Member Nguyen spoke regarding the current situation in Ukraine, requested Council' s support and read the resolution supporting divestment from Russia and a statement of solidarity with Ukraine.
Vice Mayor Manzo thanked Council Member Nguyen and Council Member Do for presenting this item.
Motion was made by Council Member Nguyen, and seconded by Mayor Ta to adopt Resolution No. 5109 entitled, " A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER, SUPPORTING DIVESTMENT FROM
RUSSIA AND PROVIDING A STATEMENT OF SOLIDARITY WITH THE PEOPLE OF UKRAINE."
MINUTES OF REGULAR MEETING March 23, 2022
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 Draft Ordinance Establishing a Military Equipment Use Policy for the Westminster Police Department.
Motion was made by Council Member Nguyen, and seconded by Mayor Ta to receive and file the draft Ordinance Establishing a Military Equipment Use Policy for the Westminster Police Department and its related attachments. This ordinance will be presented to the City Council for first reading and introduction on April 27, 2022.
The motion carried 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6. 2 Code of Ethics for Interactions Between City Employees and Outside Parties.
City Attorney Bettenhausen spoke regarding making an amendment to the Code of Ethics.
Council Member Ho requested modification to the proposed Code of Ethics.
Motion was made by Council Member Ho, and seconded by Vice Mayor Manzo to approve as amended the amendment to Article II, Code of Ethics, in the Westminster Personnel Policy Manual.
The motion carried 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
7. COMMISSION AND COMMITTEE ITEMS — None.
MINUTES OF REGULAR MEETING March 23, 2022
8. COMMENTS FROM CITY COUNCIL/ AGENCY MEMBERS ( Including AB 1234 Report when required)
Council Member Nguyen thanked all for their support for Agenda Item No. 5. 3.
Council Member Do thanked Council Member Nguyen for bringing forward the resolution in support of Ukraine and congratulated Vice Mayor Manzo and Council Member Ho for surviving their recall.
Vice Mayor Manzo spoke regarding the situation in Ukraine. He also thanked everyone for their hard work and efforts.
Council Member Ho thanked staff for their hard work and efforts, spoke regarding bringing in revenue sources, and thanked resident Matthew Murphy for donating blood and requested he be acknowledged for his contributions.
Interim City Manager Cordon announced American Red Cross Blood Drive on April 19, 2022 located in the A/ B Room.
Mayor Ta thanked everyone for their support of resolution supporting Ukraine. He also thanked city staff for their hard work and efforts, and expressed condolences to the Page family.
9. COUNCIL ADJOURNMENT: Mayor Ta adjourned the meeting in memory of Joshua and Jeremy Page at 9: 53 p.m.
Next Regular Meeting will be held Wednesday, April 13, 2022 at 7:00 p.m.
Respectfully submitted:
A .
ig: A
Assi-' nt Ilerk
APPROVED:
Tri Ta
Mayor/ Chair
MINUTES OF REGULAR MEETING March 23, 2022
ATTEST:
Lucie Colombo, CMC, CPMC
Interim City Clerk
MINUTES OF REGULAR MEETING March 23, 2022
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