CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY July 1, 2022
MINUTES OF SPECIAL 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 July 1, 2022 at 12:22 p.m. in a Closed Session via teleconference/web conference.
CLOSED SESSION
12: 00 P. M.
CALL TO ORDER
MayorTa calledthe ClosedSessionMeetingof the CityCouncilMeetingto orderat 12:22 p.m. via teleconference/ web conference.
Interim City Clerk Colombo announced that the meeting would be starting late due to technical issues.
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 Colombo announced a quorum of the City Council.
STAFF PRESENT: City Manager Christine Cordon
City Attorney Christian Bettenhausen
Assistant City Manager Adolfo Ozaeta
Interim City Clerk Lucie Colombo
Assistant City Clerk Abigail Y. Alcala
ORAL COMMUNICATIONS FOR CLOSED SESSION MATTERS
1. Terry Rains expressed concerns regarding conducting a Special Meeting, Brown Act comments, and the Closed Session start time and item and wording.
2. Amy Walsh echoed Terry Rains comments regarding Closed Session item.
The City Council recessed to Closed Session at 12:34 p.m. for the following purpose:
1. Conference with Legal Counsel pursuant to Government Code Section 54956. 9( d)( 4): Anticipated Litigation
Number of Cases: One ( 1)
RECESS: Mayor Ta recessed the meeting at 1:10 p.m. to Closed Session.
MINUTES OF SPECIAL MEETING July 1, 2022
RECONVENE CITY COUNCIL MEETING: The City Council meeting reconvened to Open Session at 1:22 p.m.
REGULAR MEETING
12: 30 PM
Mayor Ta called the Regular Meeting of the City Council/ Successor Agency to the Westminster Redevelopment Agency Meeting to order at 1:22 p.m. via teleconference/ web conference, 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
ABSENT: NONE
Interim City Clerk Colombo announced a quorum with all members of the City Council present.
STAFF PRESENT: City Manager Christine Cordon
City Attorney Christian Bettenhausen
Assistant City Manager Adolfo Ozaeta
Interim City Clerk Lucie Colombo
Assistant City Clerk Abigail Y. Alcala
Community Services Director Vanessa Johnson
Jake Ngo, Public Works Director/ City Engineer
SALUTE TO THE FLAG
The Flag Salute was led by Council Member Do.
CITY ATTORNEY/ CLOSED SESSION REPORT
City Attorney Bettenhausen stated there was no reportable action relating to the Closed Session.
1. ORAL COMMUNICATIONS
Zoom Comments
1. Tony Bui made comments about the various countries celebrating Independence Day in July, democracy, tax measure, recent ballot measure, made comments regarding the City Council Members, Agenda Item No. 4 and Freedom of Speech, and Brown Act.
MINUTES OF REGULAR MEETING July 1, 2022
2. Dao Tran spoke regarding Agenda Item No. 2 relating to the Measure C results, and made comments regarding Agenda Item No. 4 and the press conference, Quang Tri Monument Committee, Freedom of Speech, and Brown Act.
3. Monique Nguyen spoke regarding Agenda Item No. 4 and Council Member Nguyen' s campaign event at City Hall.
4. D'Vorah Mariscal expressed concern regarding the Special Meeting date and time and Agenda Item No. 4 regarding the campaign event.
5. Roger Mindrum spoke regarding Agenda Item No. 4 and expressed concern regarding campaigning at public facilities.
6. Amy Walsh echoed comments by Roger Mindrum, spoke regarding Agenda Item No. 4 and expressed concern regarding campaigning at City Hall.
7. Terry Rains spoke regarding Brown Act requirements and violation, Agenda Item No. 4 and commented on political campaign event at City Hall, political signs, and expressed her opposition to City Attorney Bettenhausen opinion of the law.
8. Tim Nguyen spoke regarding Agenda Item No. 4 and supports actions by Council Member Nguyen related to campaign event at City Hall.
9. Speaker (spoke in Vietnamese and interpreted by Jake Ngo, Public Works Director/ City Engineer) commented on Agenda Item No. 4 and spoke in opposition of this item being discussed and supports Council Member Nguyen' s campaign action and press conference.
10. Thuy Vo agrees with Roger Mindrum and Terry Rain and spoke regarding Agenda Item No. 4 and spoke in opposition of campaign event at City Hall by Council Member Nguyen. She asked City Council to work together and move the city forward.
11. Camilla Overbeek expressed concern regarding the special meeting date, time and an upcoming holiday weekend, spoke relating to Agenda Item No. 4 and expressed concern about violation of Government Code Section 8314 and references made to Black Lives Matter Movement and suggested staff be trained.
12. Ms. Vo ( spoke in Vietnamese and interpreted by Jake Ngo, Public Works Director/ City Engineer) spoke regarding Agenda Item No. 4 and supports Council Member Nguyen' s activity and expressed concern regarding Freedom of Speech.
MINUTES OF SPECIAL MEETING July 1, 2022
13. Hue Doan ( spoke in Vietnamese and interpreted by Jake Ngo, Public Works Director/ City Engineer) spoke in reference to Agenda Item No. 4 and expressed support for the press conference held by Council Member Nguyen.
14. Lynn Dimick stated the reasons he is a resident of Westminster, made comments that democracy is founded on taxation with representation and supports ability to vote on a tax measure, supports Freedom of Speech, congratulated Adolfo Ozaeta on his promotion to Assistant City Manager, expressed concern of campaigning done at the City.
15. Thi Nguyen ( spoke in Vietnamese and interpreted by Jake Ngo, Public Works Director/ Engineer) spoke regarding Agenda Item No. 4 and expressed support for the campaign press conference held by Council Member Nguyen.
E- Comments
16. Lan Bui submitted an E-Comment that was read by Interim City Clerk Colombo and is included on the agenda on the City' s website.
2. Declaration of Results of Special Election held on June 7, 2022 and Adopt Various Election Resolutions to Notice and Call a General Municipal Election on November 8, 2022.
Interim City Clerk Colombo stated that an attachment regarding the Redistrict Map Sequence on the Resolution ( Attachment No. 6) had a correction as the dates were reversed.
City Attorney Bettenhausen stated that the Resolution ( Agenda Item 2A) should be acted on separate from Agenda Items 2B thru 2D.
Motion was made by Council Member Do, and seconded by Vice Mayor Manzo to approve with the amendment of the map to:
A. Adopt Resolution No. 5136 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON TUESDAY, JUNE 7, 2022, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW."
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 July 1, 2022
Motion was made by Vice Mayor Manzo, and seconded by Councilmember Do to approve Agenda Items 2B, 2C, and 2D, as follows:
B. Adopt Resolution No. 5137 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, CALLING
FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES"; and C. Adopt Resolution No. 5138 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO
CALIFORNIA ELECTIONS CODE SECTION 10403;" and
D. Adopt Resolution No. 5139 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATE' S STATEMENTS SUBMITTED TO THE
VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 8, 2022."
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
3. Resolution Approving a Second Amendment to the Memorandum of Understanding between the City and the Westminster Municipal Employees' Association ( WMEA) for the period July 1, 2020 Through and Including June 30, 2023.
Motion was made by Council Member Do, and seconded by Vice Mayor Manzo to adopt Resolution No. 5140 entitled, " A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER APPROVING A SECOND
AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING FOR
WESTMINSTER MUNICIPAL EMPLOYEE ASSOCIATION ( WMEA) EMPLOYEES, FOR THE PERIOD OF JULY 1, 2020 THROUGH AND INCLUDING JUNE 30, 2023."
MINUTES OF SPECIAL MEETING July 1, 2022
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4. Circumstances Related to Free Speech and Press Conference Held June 24, 2022.
City Attorney Bettenhausen presented a detailed and extensive staff report. In his presentation, he clarified and addressed various comments made by members of the public. During his presentation, he spoke regarding Freedom of Speech, First Amendment Right litigation, public forums, the use of the City logo and seal, and special event requirements. He explained what transpired and the conversations between Council Member Nguyen and himself and later discussions held with City Manager Cordon regarding Council Member Nguyen' s intent to hold a press conference with a limited number of attendees ( 15- 20 people), during hours when City Hall was closed, and other regulations that are prohibited. City Attorney Bettenhausen stated that he considered the Westminster Municipal Code and whether this would require a Special Event permit.
Community Services Director Johnson explained the process for a Special Event Permit and responded to City Council inquiries regarding criteria for a Special Event Permit.
City Attorney Bettenhausen explained and clarified the law regarding campaigning on public resources, land, building, and facilities, pursuant to Government Code Section 8314. He stated the government code section was not applicable in the context of a publicly accessible area.
Mayor Ta stated that there was no violation as Council Member Nguyen exercised his protected Freedom of Speech.
Vice Mayor Manzo expressed concern regarding Council Member Nguyen's recent campaign event at City Hall. He was concerned that there was a large banner displayed, podium, media and livestream, amplified sound and multiple speakers present, and expressed concern that the community' s perception is that Council Member Nguyen was endorsed. Vice Mayor Manzo also discussed various other concerns relating to this event and that these may have indicated that a Special Event Permit was required.
Discussion ensued regarding whether or not the Government Code Section 8314 was violated, whether staff was bullied or intimidated, whether favoritism was applied, if a special permit was or should have been required, or any regulation or law was violated.
MINUTES OF REGULAR MEETING July 1, 2022
Council Member Do also stated his concerns and belief that there were violations and echoed many of Vice Mayor Manzo' s statements and concerns. He explained the concerns of the Vietnamese cultures' perception and potential consequences of such actions. He asked various questions to City Attorney Bettenhausen, such as zoning, park, applying standards to the general public.
Council Member Ho reverberated comments made by Vice Mayor Manzo and Council Member Do. She also stated her concerns and belief that there may have been violations, and it may have included bullying and intimidation of City staff. She stated that the CityAttorney and City Manager should have had the request in writing and that they should have taken their time to investigate before providing a response to Council Member Nguyen.
Council Member Nguyen responded to various comments made by City Council Members. He further stated to refrain from censuring, accusations, and violating Freedom of Speech. He also stated that he did not commit any violation and that he did not use any resources, conducted the press release during City Hall was closed.
He did not pressure anyone, there was no favoritism and that he consulted multiple times with the City Attorney and spoke with the City Manager and that there was no law, regulation, or ordinance governing his holding a press conference at City Hall.
City Manager Cordon stated there are concerns between what is legal and what is ethical and if political speech and campaigning are protected as free speech. She commented on the special event permit and park use permit criteria and purpose, and stated that asking for things in writing would be difficult for spontaneous demonstrations protected under the First Amendment. She stated there was no permission to be granted if this were legal.
There was brief discussion about whether or not the Westminster Police Department or another agency should file the incident report and maintain neutrality.
Motion was made by Council Member Do, and seconded by Vice Mayor Manzo to have a Police Officer document the incident and forward to a government entity Orange County District Attorney's Office and Attorney General Office) to make a determination.
The motion carried, 3-2, by the following roll call vote:
AYES: MANZO, DO, HO,
NOES: NGUYEN, TA
ABSENT: NONE
ABSTAIN: NONE
MINUTES OF SPECIAL MEETING July 1, 2022
5. COUNCIL ADJOURNMENT:
There being no further business to discuss, Mayor Ta adjourned the meeting at 5:03 p.m.
Next Regular Meeting will be held Wednesday, July 13, 2022 at 7:00 p.m.
Respectfully submitted:
Nth
Lucie Colombo, CMC, ' MC
Interim City Clerk
APPROVED:
Tri Ta
Mayor
ATTEST:
Lucie Colombo, CMC, CPMC
Interim City Clerk