CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY May 11, 2022
MINUTES OF REGULAR MEETING
Pursuant to the State of California Executive Order N-29-20 related to coronavirus (COVID- 19), the City Councilof the Cityof Westminster, Californiaconvenedon May 11, 2022 at 5:10 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 5:10 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 KIMBERLY HO
COUNCIL MEMBER CHI CHARLIE NGUYEN*
Council Member Nguyen was present and in attendance via Zoom webinar.
ABSENT: NONE
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 City Clerk Lucie Colombo
Finance Director Erin Backs
Human Resources Director Jodie Griner
Assistant City Clerk Abigail Y. Alcala
Administrative Assistant II Tanya Ramirez
MINUTES OF REGULAR MEETING
ORAL COMMUNICATIONS FOR CLOSED SESSION MATTERS
May 11, 2022
TerryRainsspokeregardinghiringInterimCityManagerCordonas the City ManagerandInterimAssistantCityManagerOzaetaastheAssistantCityManager.
2. D' vorah Mariscal echoed previous comments.
3. JessicaLostaunauspokeregardingthe hiringof a permanentCityManager.
4. Camilla Overbeekspoke regarding hiring Interim City Manager Cordon as the permanent City Manager and Interim Assistant City Manager Ozaeta as the permanent Assistant City Manager.
City Attorney Bettenhausen stated the Closed Session is authorized under California Government Code Section 54956. 9(d)( 2) because existing facts and circumstances indicatethereisa significantexposureto litigationagainstthe City. Anydiscussionof these matters in open session would certainly prejudice the City's position.
The CityCouncilrecessedto ClosedSessionat 5:19p.m. for the followingpurpose:
Conference with Legal Counsel pursuant to Government Code Section 54956. 9( d)( 1): Existing Litigation
Case: Public Employment Relations Board ( PERB) Charge, Westminster Municipal Employees' Association v. City of Westminster, Case No. LA -CE -1491
2. Conference with Legal Counsel pursuant to Government Code Section 54956. 9( d)( 2): Potential Litigation
No. of Cases: One ( 1)
3. Conference with Legal Counsel pursuant to Government Code Section 54957:
Public Employee Performance Evaluation
Title: City Manager
4. Conference with Legal Counsel pursuant to Government Code Section 54957: Public Employee Appointment - City Manager
RECESS: MayorTa recessedthemeetingat 7:20 p.m. fromClosedSessionat theCity Council Chambers, Executive Conference Room.
RECONVENE CITY COUNCIL MEETING: The City Council/Successor Agency to the WestminsterRedevelopmentAgencymeetingreconvenedto the RegularMeetingat 7:25 p. M.
MINUTES OF REGULAR MEETING
REGULAR MEETING
7: 00 PM
IN- PERSON HYBRID
May 11, 2022
Mayor Tri Ta called the Regular Meeting of the City Council/Successor Agency to the Westminster Redevelopment Agency Meeting to order at 7:31 p.m. via In -Person Hybrid, at the CityCouncilChambers, 8200WestminsterBoulevard, Westminster, California.
ROLL CALL MAYOR TRI TA
PRESENT: VICE MAYOR CARLOS MANZO
COUNCIL MEMBER TAI DO
COUNCIL MEMBER KIMBERLY HO
COUNCIL MEMBER CHI CHARLIE NGUYEN
Council Member Nguyen was present and in attendance via Zoom webinar.
ABSENT: NONE
Interim City Clerk 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
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
Administrative Assistant II Tanya Ramirez
Business Manager Mavic Hizon
Police Sergeant Dave Ferronato
Police Commander Ron Weber
Police Commander Kevin MacCormick
Information Technology System Supervisor Carl Glaze
Sergeant at Arms Stewart DeJong
Sergeant at Arms Robert Farro
SALUTE TO THE FLAG
The Flag Salute was led by Vice Mayor Manzo.
INVOCATION
The Invocation was conducted by City Attorney Bettenhausen.
MINUTES OF REGULAR MEETING May 11, 2022
CITYATTORNEY/CLOSEDSESSIONREPORT: CityAttorneyBettenhausenreportedall _ four closed session items were discussed and direction was provided, and he stated Item Nos. 3 and4 wereto continueto the nextCityCouncilmeeting.
MotionwasmadebyViceMayorManzo, andsecondedbyMayorTawitha 5-0 vote.
EX PARTE COMMUNICATIONS:
There were no Ex Parte Communications.
REPORT FROM CITY CLERK
Interim City Clerk Colomboinvited residentsto apply for Commissionand Committee vacanciesand visit the City's website for the applicationand introducedEmergency Services Coordinator Segura for a COVID- 19 update.
Emergency Services Coordinator Segura gave a COVID- 19 update.
CITY MANAGER REPORT:
Interim City Manager Cordon made various announcementsregarding the following matters:
Annual Public Work' s Open House — May 18, 2022 between 3:00 p.m. — 7:00 p. m.
Catalytic Converter Etching Event — May 21, 2022 between 8:00 a.m. - 2:00 p.m.
Marc Contreras, Police Records Supervisor - Retirement
Annual Code 3 Memorial Bike Ride - May 13, 2022
Public Service Recognition Week — First Week in May
International Municipal Clerk' s Week — First Week in May Orange County Fire Authority — 3rdAnnual Girl's Empowerment Camp — May 14-15, 2022
1. SPECIAL PRESENTATIONS
A. Proclamation for Drowning Prevention Awareness from May to August 2022.
Mayor Ta read the Drowning Prevention Awareness from May to August 2022 proclamation.
B. Proclamation for Mental Health Awareness Month.
Mayor Ta read the Mental Health Awareness Month proclamation and presented Mara James with the proclamation.
C. Proclamation for Asian American and Pacific Islander Heritage Month.
MINUTES OF REGULAR MEETING May 11, 2022
Mayor Ta read the Asian American and Pacific Islander Heritage Month proclamation.
2. ORAL COMMUNICATIONS
In - Person
1. Tony Bui spoke in opposition of the City's Measure C on the upcoming election and spoke regarding the sales tax.
2. Jill Domiguez spoke regarding the right to vote and the 19thamendment, and the placement of the sales tax measure on the ballot. She stated various reasons of concern without the tax measure.
3. Conrad Gomez provided comments related to Brown Act, spoke regarding the appointment process as Committee Member, including Ethics training, certificates, and letter from the City Attorney' s Office.
4. Robert L. Harrison stated the Quang Tri Monument Committee met and voted regarding Quang Tri Monument, presented various concerns, including Brown Act, monument, etc.
5. Brad Wade, WMEA, made comments in support of Agenda Item 5. 2.
6. Vincent Huante, Vice President WMEA, spoke in support of Agenda Item 5. 2.
7. Dan Napier, President WMEA, spoke in support of Agenda Item 5. 2.
8. Kyle Seasock, President POA, spoke in support of Agenda Item 5. 2.
9. Camilla Overbeek requested to fly the pride flag and expressed concern relating to Agenda Item 3.6.
10. D'Vorah Mariscal spoke regarding recent police ride -along and shared her experience, concerns with homeless individuals, supports police department, etc. She requested the sales tax measure be placed on the ballot.
11. Beverly Nixon requested Council place the sales tax measure on the ballot.
12. Travis Gillespie, WMEA, spoke in support of Agenda Item 5. 2.
13. Khai Dao spoke regarding Mayor Ta' s attack towards him in December 2019 and violation of his freedom of speech, and expressed support for Measure C.
MINUTES OF REGULAR MEETING May 11, 2022
14. Terry Rains spoke regarding her recent experience with the police _ departments ride -along, in support of Agenda Item 5.2, in support of Measure C, freedom of speech, and requested clarification regarding oral communication interpretation policy ( Agenda Item No. 6.2).
Council Member Nguyen left Zoom meeting briefly.
15. Mark Lawrence expressed his disrespect for concern regarding potential Brown Act violations by Quang Tri Committee, spoke regarding Measure SS and water and trash/ sewer rates increases.
16. TK spoke regarding Agenda Item 3.6 and her concerns about police officers relating to militarizing against civilians, shootings, biases, trainings, racism, accountability, transparency, etc.
Council Member Ho left the dais at 9: 10 p. m.
Zoom Speakers
17. Dao Tran appreciates honoring of Black April, commented on election matters and council members, and expressed concern regarding Khai Dao' s comments at City Council meetings.
18. Amy Walsh commented on Agenda Item 5.2, supports employees but concerned about the city' s finances, supports tax ballot measure to be placed on the ballot, concurs with Overbeek to honor children with moment of silence.
Council Member Ho returned to the dais at 9: 18 p. m.
Vice Mayor Manzo left the dais at 9: 19 p.m.
3. CONSENT CALENDAR
WARRANT REGISTER
3. 1 ( City Council and Successor Agency) Warrant Register dated April 21, 2022 through May 4, 2022.
ACTION: Received and filed.
MINUTES OF REGULAR MEETING
ROUTINE MATTERS
May 11, 2022
3. 2 Approval of Cooperative Agreement between the City of Westminster and the City of Garden Grove for Hazard Avenue Improvements Project from Ward Street to Bushard Street.
ACTION: The Mayor and City Council adopted the subject agreement with the City of Garden Grove and authorized City's staff to join in the construction of Hazard Avenue from Ward Street to Bushard Street within the City of Westminster.
AGREEMENTS/ PURCHASE ORDERS ( UNDER $ 500, 000)
3. 3 Amendment to Agreement with Mark Thomas for Engineering Design Services for the State Grant - Funded Mendez Historic Trail & Green Street Bikeway Project Along Hoover Street.
ACTION: The Mayor and City Council approved Amendment No. 2 in the amount of 50,332 for engineering design services to Mark Thomas for the state grant -funded Mendez Historic Trail & Green Street Bikeway Project Along Hoover Street.
3. 4 Award of Contract to Copp Contracting, Inc. for the CDBG 21- 22 Street Improvement — Project No. CDBG 21- 22.
ACTION: The Mayor and City Council:
A. Approved the award of contract to the lowest responsible bidder in the amount of $ 438, 096. 80 to Copp Contracting, Inc., and that all other bids be rejected; B. Authorized a 10% contingency in the amount of $ 43, 809. 68 for potential change orders; and
C. Authorized the Interim City Manager to execute the contract on behalf of the City, in a form approved by the City Attorney.
3. 5 I.T. Security System Upgrade and Microsoft License Renewal, and Approval of Budget Amendment for Fiscal Year 2021- 2022.
ACTION: The Mayor and City Council:
A. Authorized the Interim City Manager to approve and execute all required documents to implement the cybersecurity deployment and system upgrades; and
B. Increased and the budget for Fiscal Year 2021- 2022 to include and additional 41, 600 to account No. 4450- 43062; and
MINUTES OF REGULAR MEETING May 11, 2022
C. Authorized the Interim City Manager to execute the renewal for Microsoft _ Licensing and any other required documents.
ORDINANCES
3. 6 Second Reading and Adoption of Ordinance No. 2586 to Establish a Military Equipment Use Policy for the Westminster Police Department.
ACTION: The Mayor and City Council conducted a second reading and adopted Ordinance No. 2586 entitled, " AN ORDINANCE OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER, ESTABLISHING A MILITARY
EQUIPMENT POLICY FOR THE CITY OF WESTMINSTER, CALIFORNIA, GOVERNING THE USE OF MILITARY EQUIPMENT," read by title only and waived further reading.
RESOLUTIONS
3. 7 Resolution to Continue Authorizing the Conduct of Remote " Telephonic" Meetings During the State of Emergency.
ACTION: The Mayor and City Council adopted Resolution No. 5113 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."
ADMINISTRATIVE ACTIONS
3. 8 Adopt a Resolution Authorizing an Application for Funds from the OCTA Measure M Tier 1 Environmental Cleanup Program for the FY 2022/ 23 Catch Basin Screen Installation Project.
ACTION: The Mayor and City Council adopted Resolution No. 5114 entitled, " A
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
WESTMINSTER AUTHORIZING APPLICATION FOR FUNDS FOR THE
ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM UNDER THE ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR FY 2022/ 23 CATCH BASIN SCREEN INSTALLATION PROJECT."
3. 9 Acceptance of Additional Funding from the County of Orange for the Family Resource Center for Fiscal Year 2022- 2023.
ACTION: The Mayor and City Council:
MINUTES OF REGULAR MEETING
4. 5.
5. 1
May 11, 2022
A. Approved the amended agreement for additional funding in the amount of 158,300 from the County of Orange to provide Family Resource Center services for Fiscal Year 2022- 23; and
B. Authorized the Interim City Manager to execute the amended agreement on behalf of the City.
Motion was made by Council Member Nguyen, and seconded by Mayor Ta to approve the Consent Calendar.
The motion carried 4-0-1, by the following roll call vote:
AYES: TA, DO, HO, NGUYEN
NOES: NONE
ABSENT: MANZO
ABSTAIN: NONE
Vice Mayor Manzo returned to the dais at 9:20 p.m.
PUBLIC HEARINGS- None.
REGULAR BUSINESS
Award of Contract for the Westminster Boulevard Street Improvements Project from Bushard Street to Magnolia Street — Project No. P — 2548.
Motion was made by Council Member Nguyen, and seconded by Council Member Do to:
A. Approve a budget adjustment in the amount of $ 549, 456. 38 to cover the City of Garden Grove' s portion ( per Cooperative Agreement approved on April 27, 2022 by the Mayor and City Council) and increase the revenue account in Street Improvement Grants Fund, Reimbs- Other for FY 21/ 22, by 549, 456. 38; and
B. Approve the award of contract to the lowest responsible bidder in the amount of $ 1,163,025. 82 to RJ Noble Company, and that all other bids be rejected; and
C. Authorize a 10% contingency in the amount of $ 116, 302. 58 for potential change orders; and
D. Authorize the Interim City Manager to execute the contract on behalf of the City, in a form approved by the City Attorney.
MINUTES OF REGULAR MEETING May 11, 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 Memorandum of Understanding ( MOU) Terms Between the City and the Westminster Municipal Employees' Association ( WMEA), Westminster Police Officers Association ( WPOA), and Compensation Plans for Unrepresented Management, Administration and Confidential, and Executive Employees.
Human Resources Director Griner presented the staff report and power point presentation.
Council Member Do briefly left the dais at 9:22 p.m. and returned at 9:25 p.m.
Mayor Ta inquired why this item is currently presented to the City Council and to verify that this was related to the past compensation study in process.
Vice Mayor Manzo inquired about the compensation study taking long and the salaries savings due to vacancies.
Interim City Manager Cordon responded to the questions and provided brief history regarding the classification and compensation studies to update job titles and responsibilities, and described the personnel process related to this matter and the reasons for delays.
Finance Director Backs stated the cost savings and next year Fiscal Year' s budget cycle.
Vice Mayor Manzo apologized for delay.
Council Member Nguyen expressed concern regarding losing employees and appreciates staff to complete study.
Council Member Ho spoke regarding the cost of new hires and asked for clarification on the one- time increase, the cost associated and date of implementation.
Human Resources Director Griner stated this is a one- time 10% increase of those who are paid below median, costing $ 2, 766, 000 incorporated into the budget moving forward and commencing July 2, 2022
Discussion ensued regarding the salaries savings, calculations, presentation of the analysis of the study and expiration of MOU' s.
MINUTES OF REGULAR MEETING May 11, 2022
Council Member Do stated that he supports the MOUs and it is the City Council's intent and commitment to work together and secure the finances to approve the increases.
Motion was made by Vice Mayor Manzo, and seconded by Council Member Nguyen to approve, as amended, the following:
A. Adopt Resolution No. 5115 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER PROVIDING
FOR THE COMPENSATION PLAN FOR THE MANAGEMENT,
ADMINISTRATIVE AND CONFIDENTIAL EMPLOYEES OF THE CITY
OF WESTMINSTER FOR THE PERIOD OF JULY 1, 2020 - JUNE 30, 2023," amending Exhibit " A," Salary Schedule, and modifying the compensation plan; and
B. Adopt Resolution No. 5116 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER PROVIDING
FOR THE COMPENSATION PLAN FOR THE EXECUTIVE
EMPLOYEES OF THE CITY OF WESTMINSTER FOR THE PERIOD OF
JULY 1, 2020 - JUNE 30, 2023," amending Exhibit " A," Salary Schedule, and modifying the compensation plan; and
C. Adopt Resolution No. 5117 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER ADOPTING A
MEMORANDUM OF UNDERSTANDING ( MOU) BETWEEN THE CITY
OF WESTMINSTER AND THE WESTMINSTER MUNICIPAL
EMPLOYEES' ASSOCIATION FOR THE PERIOD JULY 1, 2020
THROUGH AND INCLUDING JUNE 30, 2023," amending Exhibit " A," Salary Schedule, and modifying the compensation plan; and D. Adopt Resolution No. 5118 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER ADOPTING A
MEMORANDUM OF UNDERSTANDING ( MOU) BETWEEN THE CITY
OF WESTMINSTER AND THE WESTMINSTER POLICE OFFICERS'
ASSOCIATION FOR THE PERIOD JULY 1, 2020 THROUGH AND
INCLUDING JUNE 30, 2023," amending Exhibit " A," Salary Schedule, and modifying the compensation plan; and
E. Approve job description for Community Outreach Coordinator.
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
6. LEGISLATIVE ITEMS
May 11, 2022
6. 1 Ordinance Establishing Regulations and Prohibiting the Unlawful Possession of Catalytic Converters in the City.
City Attorney Bettenhausen spoke regarding the thefts of catalytic converters in the City.
Council Member Do asked regarding catalytic converters arrests and requested a commendation for the officers.
Police Chief Lenyi spoke regarding the catalytic converter arrests.
Vice Mayor Manzo current process regarding catalytic converters recycling.
Discussion ensued regarding recycling center processing of catalytic converters.
Motion was made by Council Member Do, and seconded by Vice Mayor Manzo to introduce for first reading Ordinance No. 2587 entitled, " AN ORDINANCE OF THE
MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, ADDING CHAPTER 9. 77 ( UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS PROHIBITED) TO TITLE 9 ( PUBLIC PEACE, MORALS AND WELFARE) OF THE
WESTMINSTER MUNICIPAL CODE ESTABLISHING REGULATIONS AND
PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY," 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
6. 2 Review of Oral Communications Policy for City Council Meetings.
Interim City Manager Cordon provided the staff report for this agenda item and explained the process and practices in the past and recently. She stated staff and the community seek clarification and Council direction.
Discussion ensued regarding the allotted time given, speakers choice of language spoken to address the City Council and the use of the interpreter.
Direction was given to create a policy to allow speakers to self -interpret, to provide double time during oral communications, allow the speaker to request an interpreter via speaker cards, 48- hour notice to the City when requesting an interpreter.
MINUTES OF REGULAR MEETING May 11, 2022
No action was taken, direction was provided, and staff will bring back item at the next meeting.
7. COMMISSION AND COMMITTEE ITEMS
8. COMMENTS FROM CITY COUNCIL/ AGENCY MEMBERS ( Including AB 1234 Report when required)
Vice Mayor Manzo thanked staff for their hard work, dedication and efforts.
Council Member Ho thanked staff for their hard work, dedication and efforts, requested salaries slowly increase and new ideas to generate additional revenue be presented.
Council Member Do spoke regarding Black April Event, Tony Lam Event, Quang Tri Monument Committee Brown Act Violation allegations, and thanked staff for their hard work, dedication and efforts.
Mayor Ta thanked staff for their hard work, dedication and efforts.
9. COUNCIL ADJOURNMENT:
There being no further business to discuss, Mayor Ta adjourned the meeting at 11: 20 p.m.
Next Regular Meeting will be held Wednesday, May 25, 2022 at 7:00 p.m.
Respectfully submitted:
APPROVED:
Tri Ta
Mayor/ Chair
ATTEST:
Lucie Colombo, CMC, CPMC
Interim City Clerk
MINUTES OF REGULAR MEETING
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May 11, 2022