CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY April 13, 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 April 13, 2022 at 5: 04 p. m. in a Closed Session via In- Person Hybrid ( teleconference/ web conference), City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
CLOSED SESSION
5: 00 P. M.
IN- PERSON HYBRID
CALL TO ORDER
Mayor Tri Ta called the Closed Session Meeting of the City Council/Successor Agency to the Westminster Redevelopment Agency Meeting to order at 5:04 p.m. via In-Person Hybrid, at the City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
ROLL CALL MAYOR TRI TA
PRESENT: VICE MAYOR CARLOS MANZO
COUNCIL MEMBER TAI DO
COUNCIL MEMBER CHI CHARLIE NGUYEN
ABSENT: COUNCIL MEMBER KIMBERLY HO
Interim City Clerk Colombo announced a quorum of the City Council.
STAFF PRESENT: Interim City Manager Christine Cordon City Attorney Christian Bettenhausen
Interim Assistant City Manager Adolfo Ozaeta
Interim Community Development Director Debra Kurita
Code Enforcement Officer Jorge Perez
Housing Specialist Michael Son
Interim City Clerk Lucie Colombo
Assistant City Clerk Abigail Y. Alcala
Administrative Assistant II Tanya Ramirez
ADDITION OF NEW CLOSED SESSION AGENDA ITEM
City Attorney Bettenhausen stated a new Closed Session Agenda Item No. 2 needed to be added and arose after the posting of the Agenda which requires action prior to the next regularly scheduled meeting. He introduced the following new Closed Session matter.
Closed Session Item No. 2 - Conference with Legal Counsel pursuant to Government Code Section 54956. 9( d)( 4): Initiation of Litigation
MINUTES OF REGULAR MEETING April 13, 2022
Motion was made by Council Member Nguyen, and seconded by Vice Mayor Manzo to add Closed Session Urgency Item No. 2: Conference with Legal Counsel pursuant to Government Code Section 54956. 9( d)( 4): Initiation of Litigation.
The motion carried 4-0, by the following roll call vote:
AYES: TA, MANZO, DO, NGUYEN
NOES: NONE
ABSENT: HO
ABSTAIN: NONE
ORAL COMMUNICATIONS FOR CLOSED SESSION MATTERS
1. Terry Rains, Westminster, spoke regarding potential litigation cases and urged the Council to take care of City employees.
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 5:09 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: Three ( 3).
2. Conference with Legal Counsel pursuant to Government Code Section 54956. 9( d)( 4): Initiation of Litigation
RECESS: Mayor Ta recessed the meeting at 5:17 p.m. to Closed Session at the City Council Chambers, Executive Conference Room.
RECONVENE CITY COUNCIL MEETING: The City Council/ Successor Agency to the Westminster Redevelopment Agency meeting reconvened from Closed Session at 6:55 p.m.
REGULAR MEETING
7: 00 PM
IN- PERSON HYBRID
Mayor Tri Ta called the Regular Meeting of the City Council/Successor Agency to the Westminster Redevelopment Agency Meeting to order at 7:08 p.m. via In-Person Hybrid, at the City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
MINUTES OF REGULAR MEETING April 13, 2022
ROLL CALL MAYOR TRI TA
PRESENT: VICE MAYOR CARLOS MANZO
COUNCIL MEMBER TAI DO
COUNCIL MEMBER KIMBERLY HO
COUNCIL MEMBER CHI CHARLIE 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
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
Planning Manager Steve Ratkay
Police Commander Kevin MacCormick
Police Commander Ron Weber
Police Commander Alan Iwashita
Business Services Manager Mavic Hizon
Administrative Assistant II Tanya Ramirez
Administrative Assistant II Shelley Stevens
Information Technology System Supervisor Carl Glaze
Housing Specialist Michael Son
Senior Planner Christopher Wong
Emergency Services Coordinator David Segura
Police Detective Michale Gradilla
Sergeant at Arms Stewart DeJong
Sergeant at Arms Robert Farro
Orange County Fire Authority Battalion Division Chief
Chuck Fedak
SALUTE TO THE FLAG
The Flag Salute was led by Council Member Nguyen.
INVOCATION
The Invocation was conducted by Mayor Ta.
MINUTES OF REGULAR MEETING April 13, 2022
CITY ATTORNEY/ CLOSED SESSION REPORT: City Attorney Bettenhausen stated there is no reportable action for Closed Session Item No. 1 and reported a motion made by Council MemberNguyenand secondedby Vice Mayor Manzoto proceedwith the initiation of litigation with a 4- 0 vote with Council Member Ho absent for Closed Session Item No. 2.
EX PARTE COMMUNICATIONS:
There were no Ex Parte Communications.
REPORT FROM CITY CLERK
Interim City Clerk Colombo welcomed everyone back to in-person City Council meeting.
She also invited residents to apply for Commission and Committee vacancies and visit the City' s website for the application.
Interim City Clerk Colombo 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 made various announcements regarding the following matters:
Rumors related to the Westminster Mall
First Public Works Annual Event
Bunny Hop Event
Blood Drive
Family Resource Center — Child Abuse Prevention Month
Black April Event
She welcomed all new city personnel and spoke regarding the Police Department's Baker to Vegas run.
Police Chief Lenyi introduced team captain Michael Gradilla.
Detective Gradilla spoke regarding the Baker to Vegas event and thanked everyone for their support.
MINUTES OF REGULAR MEETING April 13, 2022
1. SPECIAL PRESENTATIONS
A. Proclamation for Fair Housing Month.
Mayor Ta read the Fair Housing Month proclamation and introduced Outreach Coordinator Christina Prado.
Christina Prado, Outreach Coordinator for Fair Housing, spoke regarding Fair Housing event and thanked the Council for their support.
2. ORAL COMMUNICATIONS
In - Person
1. Tony Bui expressedconcernregardingthe delay of growth in the City. He spoke regarding Council Member Ho's promises to the city, asked that Council Member Do apologize for calling the City Ho Chi Minh. He requested the Council focus on the City' s finances and use it toward businesses and that Council work together as a team.
2. Jill Dominguez spoke regarding the City's financial position and the sunsetting of the sales tax measure.
3. Jessica Lostaunau expressed concern regarding the City's financial position and spoke regarding multiple sources of incomes.
4. Syed Shah, Best Western Westminster Inn Owner, thanked City staff and the Police Department for their hard work and efforts during staff shortages, expressed support for the sales tax measure, and spoke in opposition of short- term rentals ( Item No. 5. 3).
5. Jeff Truong, Westminster Holiday Inn Owner, spoke in opposition of short- term rentals ( Item No. 5. 3) and spoke in support of the sales tax measure.
6. Jay Bhakta, Westminster Hotel 39 Owner, spoke in opposition of short- term rentals ( Item No. 5. 3).
7. Roger Mindrum expressed excitement for in- person meetings; spoke regarding short- term rentals ( Item No. 5. 3). and asked Council to think about the cannabis retail facility as source of income. He spoke regarding council's demeanor and questioned council's opposition to placing the sales tax measure on the ballot.
8. Loc H. Doan spoke regarding short- term rentals. ( Item No. 5. 3).
MINUTES OF REGULAR MEETING April 13, 2022
9. Terry Rains expressed excitement for in- person council meetings, questionedwhy CityNetreportsare beingreportedquarterly (Item No. 3.8), expressed concern regarding ACFR report' s errors ( Item No. 3. 9), spoke regarding interest in the cannabis retail facility ( Item No. 5. 2), short- term rentals ( Item No. 5. 3), and placing the sales tax measure on the ballot.
10. D'Vorah Mariscal thanked the Police Department and Council Member Do for their service, questioned why the Interim City Manager has not been made permanent, spoke in opposition of the Quang Tri Monument, and spoke in favor of the sales tax measure.
11. Bac Pham, Westminster, spoke in opposition of short- term rentals ( Item No.
5. 3).
Vice Mayor Manzo briefly left the dais at 8: 12 p.m.
12. Khai Dao, Westminster, congratulated new City personnel, and spoke regarding oppression in the community due to differential views.
Vice Mayor Manzo returned to the dais at 8: 14 p. m.
13. Mark Lawrence, Westminster, spoke regarding attractive nuisance related to the Quang Tri Monument, and spoke in opposition of the sales tax measure.
Teleconference/ Webinar ( Zoom)
Council Member Nguyen briefly left the dais at 8:25 p.m.
14. Amy Walsh, Westminster, spoke regarding the City' s organizational chart, questioned the CityNet report ( Item No. 3. 8), and spoke in support of short- term rentals ( Agenda Item No. 5. 3).
Council Member Nguyen returned to the dais at 8: 28 p. m.
3. CONSENT CALENDAR
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. February 23, 2022 - Regular Meeting ( Regular Session); and
MINUTES OF REGULAR MEETING April 13, 2022
B. March 23, 2022 - Regular Meeting ( Regular Session).
ROUTINE MATTERS
3. 2 Notice of Completion for the work performed by All American Asphalt for the McFadden Avenue Street Improvements Project from Magnolia Street to Bushard Street and from Brookhurst Street to Ward Street - Project No. P- 2522.
ACTION: The Mayor and City Council accepted the subject project and authorized the InterimCityClerkto filea Noticeof Completionwiththe CountyRecorder's Office.
AGREEMENTS/ PURCHASE ORDERS ( UNDER $ 500, 000)
3. 3 Professional Services Agreementwith HDR, Inc. to Provide Traffic Engineering Services Related to the 1-405 Improvement Project.
ACTION: The Mayor and City Council approved the professional services agreement with HDR, Inc. to provide traffic engineering services related to the 1-405 Improvement Project, in the amount not to exceed $ 174,000 per fiscal year, ending December 31, 2023, and to be reimbursed by Orange County Transportation Authority ( OCTA).
3. 4 Third Amendment to the Agreement with G4S Secure Solutions, Inc, for Custody Officer Services in Fiscal Year 2021- 2022.
ACTION: The Mayor and City Council:
A. Approved the third amendment to the Custody Services Agreement with G4S Secure Solutions, Inc. for provision of Custody Officer Services in Fiscal Year 2021- 2022 with a $ 10,650 increase to the current contract price resulting in a total contract cost of $ 321, 485; and
B. Approved the third option year contract renewal as provided by the original agreement and authorize the Interim City Manager to execute the contract on behalf of the City.
3. 5 Increase to Verizon Wireless Phone and Data Service Cost in Fiscal Year 2021- 2022.
ACTION: The Mayor and City Council:
A. Approved the cost increase to the expenditure account for cell phone and data services currently designated within the Police Administration account by the amount of $ 1, 500 and within the Asset Seizure account in the amount of 15, 000; and
MINUTES OF REGULAR MEETING April 13, 2022
B. Approved the corresponding $ 16, 500 increase to Purchase Order No. 20220092 assigned to Verizon Wireless.
RESOLUTIONS
3. 6 Resolution to Continue Authorizing the Conduct of Remote " Telephonic" Meetings During the State of Emergency.
ACTION: The Mayor and City Council adopted Resolution No. 5110 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."
WARRANT REGISTER
3. 7 ( City Council and Successor Agency) Warrant Register dated March 17, 2022 through April 6, 2022.
ACTION: Received and filed.
REPORTS
3. 8 THIS AGENDA ITEM WAS PULLED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION.
3. 9 ( City Council/ SAWRA) Receipt of the Fiscal Year 2020- 21 Annual Comprehensive Financial Report ( ACFR) and Related Statements.
ACTION: The Mayor/ Chair and City Council/ Agency Members accepted the financial reports for the fiscal year ended June 30, 2021.
Motion was made by Council Member Ho, and seconded by Vice Mayor Manzo to approve the Consent Calendar, except Agenda Item No. 3. 8.
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 April 13, 2022
AGENDA ITEMS) PULLED FROM CONSENT CALENDAR
3. 8 CityNet Homeless Services Dashboard Report - January - March 2022.
Vice Mayor Manzo expressed his concern and had questions and comments.
The City Council Members had concerns about why CityNet had not sent a representative to this meeting and requested that they attend future meetings. They inquired as to why the City is paying the same amount but receiving less service, per the contract.
Special Operations Commander MacCormick responded to inquiries and provided information.
Council Member Ho stated that issues and concerns have been ongoing and that it is time for a performance review, competitive bids be considered, and assessment be conducted, as the City's needs and required services are not being met.
An update was provided regarding the Civilian Case Manager position. There was discussion of options of having an employee rather than CityNet.
Council Member Ho requested that item be agendized for next meeting with a review and analysis.
Motion was made by Council Member Nguyen, and seconded by Vice Mayor Manzo to receive and file.
The motion carried 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4. PUBLIC HEARINGS
4. 1 Public Hearing - Adoption of Final FY 2022/ 23 Annual Action Plan for Community Development Block Grant ( CDBG) and HOME Investment Partnerships Act ( HOME) Program Federal Funds.
Interim Community Development Director Kurita made a brief presentation and introduced Michael Son, Community Development Department, who presented staff report and power point presentation.
Council Member Ho requested that some of the unallocated funds be set aside for future homeless project( s).
MINUTES OF REGULAR MEETING April 13, 2022
Housing Specialist Son provided clarification and responded to various City Council inquiries and comments.
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, questioned staff report for not including her previous comments regarding the fiscal annual plan, spoke in support of spending $ 400, 000 for the Tony Lam Park project and requested for the specific plans on the uses of HOME fund. She also noted a typo requiring correction.
2. Roger Mindrum, Westminster, spoke in opposition of reallocating the park' s fund for homelessness project.
THEIR BEING NO ADDITIONAL SPEAKERS, MAYOR TA CLOSED THE PUBLIC HEARING.
Motion was made by Mayor Ta, and seconded by Vice Mayor Manzo to correct a typo and:
A. Approve the Final FY 2022/ 23 Annual Action Plan inclusive of any funding adjustments to CDBG and HOME activities once City is notified of final CDBG and HOME funding allocations; and
B. Authorize the Interim City Manager to execute the documents required for submission of CDBG and HOME funding approval to the United States Department of Housing and Urban Development ( HUD) for review and approval.
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 Strategic Plan Goal # 2 - Develop and Implement Specific Plans for Little Saigon, the Downtown District, and the West Side.
Strategic Plan Objective: Create a priority list of plans that combines those listed in the General Plan and those recommended as part of the Strategic Planning Workshop.
MINUTES OF REGULAR MEETING
5. 2
April 13, 2022
Interim Assistant City Manager Ozaeta presented the staff report and power point on this item. He provided a general overview of Strategic Plan Goal No. 2, the current plan, vision, goals, and future steps to proceed in this process.
Planning Manager Ratkay presented the details of mixed- use district and proposed modifications. In response to Council inquires, he also provided additional information regarding achievable goals, Little Saigon, affordable housing, Westminster Mall, Bolsa Row, and Zoning Code amendment process, City initiated Specific Plan vs.
Private Specific Plan.
Council Member Nguyen left the dais at 9:45 p. m.
Council Member Ho stated that she owns property in the area, thus due to a potential conflict of interest, she will recuse herself from voting.
Motion was made by Council Member Nguyen, and seconded by Vice Mayor Manzo to receive and file this report.
The motion carried 3-0- 1-1, by the following roll call vote:
AYES: TA, MANZO, DO
NOES: NONE
ABSENT: NGUYEN
ABSTAIN: NONE
RECUSE: HO
Presentation by Shyrne Group, Inc. for Cannabis Retail.
Mayor Ta recused himself from participating due to a potential conflict of interest.
Mayor Ta immediately left the dais at 9:46 p.m.
Interim City Manager Cordon made a brief presentation and introduced the representatives who provided a power point.
Council Member Nguyen returned to the dais at 9:48 p.m.
Presentation was made by representatives Tak Sato and Stephanie Uy of Shyrne Group, Inc., regarding potential Cannabis retail, location, operation, safety measures, etc.
The City Council had questions, comments, and concerns. Discussion ensued regarding potential safety concerns, crime statistics, and revenue.
MINUTES OF REGULAR MEETING April 13, 2022
Police Chief Lenyi, in reply to Vice Mayor Manzo and City Council's concerns relating to crimes, stated that staff would need to contact police departments where Shyrne Group operates, collect and analyze the data.
Council Member Do and Council Member Ho do not want to rush into any decisions, but rather, would like to learn about the cannabis industry and the company. They would like to have additional information, including input from the community.
Staff is to work with the Interim City Manager and provide information to the City Council at a future meeting.
Motion was made by Vice Mayor Manzo, and seconded by Council Member Ho to receive and file the presentation and bring back with additional analysis.
The motion carried 4-0- 1, by the following roll call vote:
AYES: MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSE: TA
Mayor Ta returned to the dais at 10:14 p.m. upon conclusion of the Agenda Item 5.2.
5. 3 Discussion on the City' s Ban on Short - Term Rentals.
Interim City Manager Cordon provided a brief report, including a brief history of bans on short- term rentals.
Council Member Do presented this item and stated that consideration should be made to remove the ban as this may potentially generate revenues for the City.
Mayor Ta thanked Council Member Do for presenting this item and stated that he had been contacted with concerns that had been raised regarding parking issues, potential noise complaints, transient renters in local neighborhoods, increase calls to law enforcement, and he does not believe this will generate sufficient revenues.
Council Member Nguyen inquired about the number of cities that currently allow short- term rentals. Staff was uncertain and would have to survey cities and gather data.
Vice Mayor Manzo required additional information from staff, such as how to monitor, collect revenues, enforce, and consider negative impacts relating to short- term rentals. He was interested in knowing the potential tax revenue to be generated.
City Attorney Bettenhausen made various comments pertaining to this matter.
MINUTES OF REGULAR MEETING April 13, 2022
Discussion ensued and interest in the pros and cons and additional information such as property values, regulations, safety, law enforcement resources, Transient Occupancy Tax ( TOT), etc., were requested of staff.
InterimCity ManagerCordonexpressedconcernsof complyingwiththe requestdue to limited staffing, resources, and cost.
Staff will collect and provide the requested information and analysis and present to the City Council at a future meeting.
A motionwas made (see below) and a substitutemotionwas subsequentlymadeas follows, but failed.
Substitute motion was made by Council Member Nguyen, and seconded by Mayor Ta to take no action.
The motion failed 2-3, by the following roll call vote:
AYES: TA, NGUYEN
NOES: MANZO, DO, HO
ABSENT: NONE
ABSTAIN: NONE
Motion was made by Vice Mayor Manzo, and seconded by Council Member Do to bring back the item with additional information.
The motion carried 3-2, by the following roll call vote:
AYES: MANZO, DO, HO
NOES: TA, NGUYEN
ABSENT: NONE
ABSTAIN: NONE
6. LEGISLATIVE ITEMS
There were no Legislative Items to be presented at this time.
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) J
Council Member Do congratulated the Westminster Police Department (\ GPD) for the Baker -to -Vegas relay run. He thanked speakers and staff.
MINUTES OF REGULAR MEETING April 13, 2022
Council Member Ho also congratulated the WPD. She congratulated Vanessa Johnson on her promotion. She appreciated that the Council worked well and hopes it continues. She thanked staff for their work.
Vice Mayor Manzo also congratulated the WPD and Vanessa Johnson on her promotion. He thanked staff for the birthday cake and wishes on behalf of Mayor Ta and himself. He also thanked staff for all their hard work.
Council Member Nguyen also congratulated the WPD and Vanessa Johnson. He too thanked the staff and community for providing input and sharing their ideas.
Mayor Ta thanked the staff and the community. He was happy about the City' s water conservation efforts and recognition by the Wyland Foundation during the recent event. He thanked the City Council for working together and being respectful.
9. COUNCIL ADJOURNMENT:
There being no further business to discuss, Mayor Ta adjourned the meeting at 11:04 p.m.
Next Regular Meeting will be held Wednesday, April 27, 2022 at 7:00 p.m.
Respectfully submitted:
Tri Ta
Mayor/ Chair
ATTEST:
Lucie Colombo, MC, CPMC
Interim City Clerk