TRI TA
Mayor
CARLOS MANZO
Vice Mayor, District 2
TAI DO
Council Member
KIMBERLY HO
Council Member, District 3
CHI CHARLIE NGUYEN
Council Member
AGENDA
CITY COUNCIL/SUCCESSOR AGENCY TO THE
WESTMINSTER REDEVELOPMENT AGENCY/
WESTMINSTER HOUSING AUTHORITY
REGULAR MEETING
SEPTEMBER 28, 2022
CLOSED SESSION - 5:00 p.m. | OPEN SESSION - 7:00 p.m.
Public Access In-Person and Via Teleconference/Web Conference 8200 WESTMINSTER BOULEVARD
WESTMINSTER, CALIFORNIA 92683
In an effort to pro tect public health and prevent the spread of coronavirus (COVID -19), the City of Westminster encourages the public to view this City Council meeting on television or online. Members of the public wishing to attend the meeting in person should adhere to CDC guidelines that include practicing safe social distancing and wearing a face mask for individuals who are unvaccinated.
If you need special assistance to participate in this meeting, including interpretation, please contact the C ity Clerk’s Office at (714) 548-3237. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102-35.104 American Disabilities Act Title II)
Documents provided to a majority of the Ci ty Council regarding any item on this agenda are available for public inspection on the City’s website at www.westminster-ca.gov.
AGENDA
SEPTEMBER 28, 2022
City Council
Regular Meeting Page 1
SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS RELATED TO AB 361
On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency in California as a result of the threat of COVID -19. On September 17, 2021, Governor Newsom signed AB 361 related to the Brown Act and remote meetings during the state of emergency. AB 361 allows local agencies to continue to conduct remote or “Zoom” meetings during a declared State of Emergency. The City Council adopted Resolution No. 5146 on September 6, 2022, determining as a result of the emergency, meeting in person could present imminent risks to the health or safety of attendees. The City Council makes this determination every 30 days. Pursuant to AB 361, please be advised that some or all of the Westminster City Council members may participate in meeting s via teleconference/web conference.
MEETINGS
Regular meetings of the City Council are held the second and fourth Wednesday of each month at the hour of 6:00 p.m. (5:00 p.m. if deemed necessary) for Closed Session matters, if req uired. The public sessio n of the meeting shall commence at 7:00 p.m. or as soon thereafter as possible.
AGENDA INFORMATION
The agenda contains a brief general description of each item to be considered. The agenda and supporting documentation are availabl e for public review no l ater than 72 hours prior to the meeting. The agenda can be accessed on the City's web site at www.westminster-ca.gov. Live video streaming of regular meetings and an archive of agendas a nd minutes are also avai lable on the City's website. Visit https://westminsterca.granicus.com/ViewPublisher.php?view_id=2 to subscribe to agenda notifications.
RULES OF CONDUCT AND DECORUM AT PUBLIC MEETING
WESTMINSTER MUNICIPAL CODE SEC. 2.04.060 AND RESOLUTION NO. 4963
In support and respect of one another and in an effort to orderly conduct the business of the people during the meeting, following the adopted Rules of Decor um are required, expected, and appreciated. The Rules of Conduct are as follows:
• Treat others courteously.
• Listen to others respectfully.
• No profane language.
• Please do not interrupt other speakers or council members. • Please remain seated or quiet when asked to.
• Please do not obstruct visibility for others in attendance with large signs. • Signs shall not be larger than 8 ½ x 11 size.
• For your safety and the safety of others, no signs on sticks are allowed in the Council Chambers.
AGENDA
SEPTEMBER 28, 2022
City Council
Regular Meeting Page 2
QUY TẮC HÀNH XỬ CHO NHỮNG BUỔI HỌP CÔNG CHÚNG
WESTMINSTER. 2.04.060 VÀ NGHỊ QUYẾT 4963
Để hỗ trợ và tôn trọng lẫn nhau và trong n ỗ lực tiến hành có trật tự cho những buổi họp, việc tuân theo các quy t ắc hành x ử cần thiết đã đư ợc thông qua. Các quy t ắc hành x ử như sau:
• Đối xử lịch sự với người khác.
• Tôn trọng lắng nghe người khác.
• Không được dùng ngôn ngữ tục tĩu.
• Vui lòng không ngắt lời nói của người khác hoặc thành viên hội đồng thành phố. • Vui lòng ngồi yên hoặc im lặng khi được yêu cầu.
• Vui lòng không sử dụng những bảng hiệu lớn cản trở tầm nhìn của những người khác.
• Bảng hiệu không được lớn hơn kích thước 8 ½ x 11.
• Vì sự an toàn của mọi người, không được phép sử dụng những bảng hiệu gắn trên gậy trong phòng họp hội đồng thành phố.
REGLAS DE CONDUCTA Y DECORO EN LAS REUNIONES PÚBLICAS
SECCIÓN DEL CÓDIGO MUNICIPAL DE WESTMINSTER. 2.04.060 Y RESOLUCIÓN NO. 4963
En apoyo y respeto mutuo y en un esfuerzo por conducir ordenadamente los asuntos de las personas durante la reunión, se requiere, espera, y agradece seguir las Reglas de Decoro adoptadas por la ciudad. Las reglas de conducta son las siguientes:
• Trate a los demás con cortesía.
• Escuche a los demás con respeto.
• No lenguaje profano.
• No interrumpa a otros oradores o miembros del consejo. • Permanezca sentado o en silencio cuando se lo pidan. • No obstruya la visibilidad de los demás con carteles grandes. • Los letreros no deben tener un tamaño superior a 8 ½ x 11. • Por su seguridad y la seguridad de los demás, no se permiten letreros con palos en las Cámaras del Consejo.
ATTENDANCE AND PARTICIPATION BY THE PUBLIC
MEMBERS OF THE PUBLIC MAY VIEW THE MEETING LIVE IN ONE OF THE FOLLOWING WAYS:
In Person
City of Westminster YouTube Channel
City of Westminster Streaming Video Online
Westminster WTV: Spectrum Channel 3, Frontier FiOS Channel 42, and AT&T U - Verse Channel 99
Zoom (see instructions on next page)
AGENDA
SEPTEMBER 28, 2022
City Council
Regular Meeting Page 3
To view the meeting via Zoom, please visit: https://us02web.zoom.us/j/86017739565 Meeting/Webinar ID: 860 1773 9565
Or One tap mobile :
US: +16699009128,,86017739565# or +16694449171,,86017739565# Or Telephone:
Dial(for higher quality, dial a number based on your current location):
US: +1 669 900 9128 or +1 669 444 9171 or +1 346 248 7799 or +1 253 215 8782 or +1 564 217 2000 or +1 646 558 8656 or +1 646 931 3860 or +1 301 715 8592 or +1 312 626 6799 or +1 386 347 5053
International numbers available: https://us02web.zoom.us/u/kVOb9ELcz
MEMBERS OF THE PUBLIC MAY SUBMIT COMMENTS IN WRITING UP TO 24 HOURS PRIOR TO THE MEETING:
E-mail your comments to [email protected]. Comments received via e-mail will be provided to the City Council and be reflected in the minutes. Comments will not be read verbally at the meeting. Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information (i.e. phone numbers, addresses, etc.) that you do not want to be published.
TO SPEAK IN PERSON:
Complete a green speaker slip that is provided at the entrance of the council chambers and submit the completed slip to City Clerk staff. When your name is called, step up to the podium and state your name * and city of residence* (*optional) for the record.
TO REQUEST TO SPEAK IN ADVANCE IN PERSON:
E-mail your request to speak at the meeting along with your name to [email protected].
E-mail to speak i n advance at the email listed above must be received 24 -hours prior to the meeting.
TO SPEAK VIA ZOOM:
TO REQUEST TO SPEAK IN ADVANCE:
o E-mail your request to speak at the meeting along with your name to [email protected].
o Make sure you are logged into Zoom prior to the start of Oral Communications or Public Hearings (if applicable).
AGENDA
SEPTEMBER 28, 2022
City Council
Regular Meeting Page 4
o Those who request to speak in advance will be called first and in the order in which the requests were received by the City Clerk’s Office. Please raise your hand by clicking on the option or pressing *9 on your phone. o When your name is called, the City Clerk will enable your microphone and you must press the “unmute” button to unmute yourself. If calling from a telephone or cell phone, press *6 on your dial pad to mute and unmute. o Please state your name* and city of residence* (*optional) for the record. TO SPEAK WITHOUT AN ADVANCED REQUEST:
o Speakers must attend the Council meeting via Zoom in order to speak to the Council.
o The City Clerk will announce the start of Oral Communications or comments for the Public Hearing item and ask speakers to press the “Raise Your Hand” button. If you are using a telephone and have dialed in, press *9 to raise your hand.
o When your name is called, the City Clerk will enable your microphone and you must press the “unmute” button to unmute yourself. If calling from a telephone or cell phone, press *6 on your dial pad to mute and unmute. o Please state your name* and city of residence* (*optional) for the record.
MEMBERS OF THE PUBLIC MAY REQUEST AN INTERPRETER* IN ADVANCE TO
ASSIST A NON -ENGLISH SPEAKER DURING THE ORAL COMMUNICATIONS AND PUBLIC HEARING SECTIONS OF THE MEETING.
In accordance with Resolution No. 5135, the City Council adopted a policy providing rules governing translators and public comments to ensure a fair opportunity for all speakers to address the City Council. A non -English speaking member of the public wishing to address the City Council may bring their own interpret er* to interpret for them from non - English to English. A non -English speaking member of the public may alternatively request that the City provide an interpreter* to interpret in Vietnamese or Spanish. The request must be made no less than 48 hours in adva nce for a regular meeting, and 12 hours in advance for a special meeting. The City will voluntarily make a reasonable effort to accommodate the request. However, the City does not have a legal obligation to provide an interpreter*. Any non -English speaking member of the public may utilize the services of a City-provided interpreter*, if one is available at the meeting.
In accordance with the policy and the California Government Code, non -English speakers who utilize an interpreter* will be allowed to speak twice the allotted time granted by the City Council to any speaker not utilizing an interpreter*, subject to any restrictions set forth in the City’s adopted policy.
Speakers who elect to address the City Council in English and self -translate into another language will not be allowed twice the allotted time.
*Also referenced as “Translator” in Government Code and City Resolution.
AGENDA
SEPTEMBER 28, 2022
City Council
Regular Meeting Page 5
Except as specifically provided by law for closed sessions, all meetings of the City Council Agency shall be open and public. Agendas for the City Council meetings provide the public an opportunity to directly address the City Council on items of interest to the public that are within the subject matter jurisdiction of the City Council on any agenda items. NO action may be taken on items not listed on the agenda unless authorized by law.
WEBSITE/TELEVISED MEETING SCHEDULE
Regular City Council meetings are broadcast live on Westminster Cable Channel 3 and REBROADCAST on Monday at 5:00 p.m., Wednesday at 7:00 p.m., Friday at 7:00 a.m. and Sunday at 8:30 a.m. The City's website (www.westminster -ca.gov) provides information about viewing live and archived City Council meetings. If you have internet access, you can follow the meeting live with a video stream on your computer. You wil l also have access to an archive of recent City Council meeting agendas, videos and minutes.
[INTENTIONALLY LEFT BLANK]
AGENDA
SEPTEMBER 28, 2022
City Council
Regular Meeting Page 6
5:00 P.M.
CLOSED SESSION
PUBLIC COMMENTS MAY BE RECEIVED BY THE CITY COUNCIL PRIOR TO ANY ITEM TO BE CONSIDERED IN CLOSED SESSION.
CALL TO ORDER
ROLL CALL MAYOR TRI TA
VICE MAYOR CARLOS MANZO
COUNCIL MEMBER TAI DO
COUNCIL MEMBER KIMBERLY HO
COUNCIL MEMBER CHI CHARLIE NGUYEN
CLOSED SESSION
The City Council will recess to a Closed Session for the following purpose:
1. Conference with Legal Counsel pursuant to Existing Litigation Pursuant to Government Code Section 54956.9(d)(1):
Case: Jose Flores v. City of Westminster, et al
(OCSC Case No. 30-2019-01086207-CU-OE-CJC).
2. Conference with Legal Counsel pursuant to Existing Litigation Pursuant to Government Code Section 54956.9(d)(1):
Case: Cameron Knauerhaze v. City of Westminster, et al (OCSC Case No. 30-2019-01081818-CU-OE-CJC).
3. Conference with Legal Counsel pursuant to
Government Code Section 54956.9(d)(2): Anticipated Litigation No. of Cases: One (1)
RECESS
INTENTIONALLY LEFT BLANK
AGENDA
SEPTEMBER 28, 2022
City Council
Regular Meeting Page 7
The City Council /Successor Agency to the Westminster Redevelopment Agency of the City of Westminster will regularly convene in joint session for the purpose of considering the follow ing City Council agenda items. The Westminster Housing Authority and the Public Financing Authority are also agencies on which council serves as members. These agencies may also have items scheduled.
RECONVENE CITY COUNCIL/SUCCESSOR AGENCY TO THE WESTMINSTER
REDEVELOPMENT AGENCY MEETING /WESTMINSTER HOUSING AUTHORITY MEETING.
CALL TO ORDER
ROLL CALL MAYOR TRI TA
VICE MAYOR CARLOS MANZO
COUNCIL MEMBER TAI DO
COUNCIL MEMBER KIMBERLY HO
COUNCIL MEMBER CHI CHARLIE NGUYEN
SALUTE TO FLAG Council Member Tai Do
INVOCATION
CITY ATTORNEY/CLOSED SESSION REPORT
EX PARTE COMMUNICATIONS
CITY CLERK REPORT
CITY MANAGER REPORT
1. SPECIAL PRESENTATIONS
2. ORAL COMMUNICATIONS
THIS IS THE TIME OF THE MEETING THAT MEMBERS OF THE PUBLIC MAY
ADDRESS THE CITY COUNCIL REGARDING ANY ITEMS ON THE AGENDA OR
NON-AGENDA ITEMS THAT ARE WITHIN THE SUBJECT MATTER
JURISDICTION, EXCEPT PUBLIC HEARING ITEMS. MEMBERS OF THE
PUBLIC WISHING TO ADDRESS PUBLIC HEARING ITE MS SHALL DO SO AT THE TIME OF THE PUBLIC HEARING. UNLESS OTHERWISE EXTENDED BY A
MAJORITY VOTE OF THE CITY COUNCIL, COMMENTS SHALL BE LIMITED TO FIVE (5) MINUTES PER SPEAKER.
REGULAR SESSION
7:00 P.M.
AGENDA
SEPTEMBER 28, 2022
City Council
Regular Meeting Page 8
ANY PERSON WISHING TO ADDRESS THE CITY COUNCIL IN PERSON
SHOULD COMPLETE A G REEN SPEAKER SLIP THAT IS PROVIDED AT THE
ENTRANCE TO THE COUNCIL CHAMBERS AND SUBMIT THE CARD TO THE CITY CLERK. WHEN YOUR NAME IS CALLED, PLEASE STEP TO THE PODIUM AT THAT TIME AND STATE YOUR NAME * AND CITY OF RESIDENCE * (*OPTIONAL) FOR THE RECORD.
ANY PERSON WISHING TO AD DRESS THE CITY COUNC IL VIA ZOOM SHOULD PRESS THE “RAISE YOU R HAND” BUTTON. IF Y OU ARE USING A TELEPHONE AND HAVE DIALED IN, PRESS *9 T O RAISE YOUR HAND. WHEN
YOUR NAME IS CALLED, THE CITY CLERK WILL ENABLE YOUR
MICROPHONE AND YOU MUST P RESS THE “UNMUTE” BU TTON TO UNMUTE YOURSELF. IF CALLING FROM A TELEPHONE OR CELL PHONE, PRESS *6 ON YOUR DIAL PAD TO MUTE AND UNMUTE. PLEASE STATE YOUR NA ME* AND CITY OF RESIDENCE* (*OPTIONAL) FOR THE RECORD.
3. CONSENT CALENDAR
ALL MATTERS LISTED UNDER THE CONSENT CALENDAR ARE CONSIDERED
ROUTINE AND MAY BE APPROVED BY A SINGLE MOTION FOLLOWED BY A ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS UNLESS MEMBERS OF THE CITY COUNCIL OR STAFF REQUEST
THAT SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION OR DISCUSSION.
MINUTES
3.1 Minutes of the City Council/Successor Agency to the Westminster Redevelopment Agency.
RECOMMENDATION: Staff recommends that the Mayor and City Council approve the minutes as presented for the date listed below:
A. September 14, 2022 – Regular Meeting (Closed and Regular Sessions)
ADMINISTRATIVE ACTION
3.2 Memorandum of Understanding for Use of AlertOC Countywide Mass Notification System.
RECOMMENDATION: Staff recommends that the Mayor and City Council approve the Memorandum of Understanding (MOU) between the County of Orange and the City of Westminster (Participant) for use of the AlertOC countywide public mass notification s ystem for the perio d of July 1, 2021 to December 30, 2024; and authorize the City Manager to execute the agreement.
AGENDA
SEPTEMBER 28, 2022
City Council
Regular Meeting Page 9
AGREEMENTS/PURCHASE ORDERS (UNDER $500,000)
3.3 Professional Services Agreement with AET & Associates to Provide On -Call Intelligent Transportation Systems (ITS) Services Rel ated to the I -405 Improvement Project.
RECOMMENDATION: Staff recommends that the Mayor and City Council approve the professional services agreement with AE T & Associates to provide on -call ITS services related to the I -405 Im provement Project, in the amount not to exceed $175,000 per fiscal year, ending December 31, 2023, and to be reimbursed by Orange County Transportation Authority (OCTA).
ORDINANCES
3.4 Adoption of Ordinance No. 2590 Amending Provisions of Title 3 (Revenue and Finance) Chapter 3.44 (Purchasing System) of the Westminster Municipal Code (WMC).
RECOMMENDATION: Staff recommends that the Mayor and City Council adopt Ordinance No. 2590 entitled, “AN ORDINANCE OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER AMENDING P ROVISIONS OF TITLE 3 (REVEN UE AND FINANCE), CHAPTER 3.44 (PURCHASING SYSTEM) OF THE WESTMINSTER MUNICIPAL CODE," read by title only, and waive further reading.
RESOLUTIONS
3.5 Resolution Reaffirming Proclamation No. 2020 -01 and Resolution No. 498 3, Which Declared the Existence of a Local Emergency.
RECOMMENDATION: Staff recommends that the Mayor and City Council adopt a Resolution entitled, “ A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, REAFF IRMING PROCLAMATION NO. 20 20-01 AND RESOLUTION NO. 4983 WHICH DECLARED THE EXISTENCE OF A LOCAL EMERGENCY.”
3.6 Resolution to Continue Authorizing the Conduct of Remote “Telephonic” Meetings During the State of Emergency.
RECOMMENDATION: Staff recommends that the Mayor and City Council adopt a Resolution entitled, “A RESOLUT ION 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.”
AGENDA
SEPTEMBER 28, 2022
City Council
Regular Meeting Page 10
WARRANT REGISTER
3.7 (City Council and Successor Agency) Warrant Registers dated September 8, 2022 through September 21, 2022.
RECOMMENDATION: Staff recommends that the Mayor and City Council receive and file this report.
REPORTS
3.8 Treasurer’s Report for August 2022.
RECOMMENDATION: Staff recommends that the Mayor and City C ouncil receive and file this report.
3.9 (Housing Authority) Westminster Housing Authority Annual Report and Senate Bill 341 Report for FY 2021-2022.
RECOMMENDATION: Staff recommends that the Chair and Authority Board Members:
A. Approve the Housing Authority Annual Report for Fiscal Year 2021-2022, which also serves as the compliance document for Senate Bill 341; and
B. Authorize t he City Manager to transmit the document to the California Department of Housing and Community Development as required by State law; and
C. Authorize staff to make minor adjustments to the report based in completion of the annual fiscal audit, and resubmit as necessary.
PROCLAMATIONS
3.10 Approval of Proclamation(s).
RECOMMENDATION: Staff recommends that the Mayor and City Council approve the following proclamations:
A. Honoring Westminster School District’s 150th Anniversary Celebration;
B. Proclaiming September 15 -October 15, 2022 as National Hispanic Heritage Month;
C. Proclaiming September 2022 as National Preparedness Month; and
D. Proclaiming October 23-31, 2022 as Red Ribbon Week.
END OF CONSENT CALENDAR
AGENDA
SEPTEMBER 28, 2022
City Council
Regular Meeting Page 11
4. PUBLIC HEARINGS - NONE
5. REGULAR BUSINESS
5.1 Central Cities Navigation Center and Preliminary Funding Request for Purchase and Initial Start-Up Costs.
RECOMMENDATION: Staff recommends that the Mayor and City Council:
A. Approve the funding re quest for $4,000,000 t o support the purchase of a Central Cities Navigation Center to address homelessness; and
B. Create a Navigation Center Capital Project Account 20002 -162300 and authorize a budget appropriation in the amount of $4,000,000 to be transferred from General Fund Reserves Account 20000-91050.
5.2 American Rescue Plan Act of 2021 (ARPA) Funding Proposals.
Staff recommends that the Mayor and City Council:
A. Consider the proposal for use of funds provided by the American Rescue Plan Act of 2021 (ARPA) and provide direction for approval of recommended items; and
B. Amend and increase the budget in Account No. 231 -21500 (Americ an Rescue Plan) by $19,670,019.
5.3 Reevaluation of Residential Rebate Program for Vehicle Purchases.
RECOMMENDATION: Staff recommends t hat the Mayor and City Council consider the program and provide direction regarding restart of the program.
6. LEGISLATIVE ITEMS
6.1 Resolution to Adopt the Amended and Updated Conflict of Interest Code for the City of Westminster.
RECOMMENDATION: Staff recommends that the Mayor and City Council adopt a Resolution entitled, “ A RESOLUTION OF THE MAYOR AND CITY COUNC IL OF
THE CITY OF W ESTMINSTER, CALIFORNOA, AMENDING AND UPDATING
THE CONFLICT OF INTEREST CODE FOR THE CITY OF WESTMINSTER FOR
DESIGNATED EMPLOYEES AND OFFICIALS AND RESCINDING RESOLUTION NO. 5026.”
INTENTIONALLY LEFT BLANK
AGENDA
SEPTEMBER 28, 2022
City Council
Regular Meeting Page 12
7. COMMISSION AND COMMITTEE ITEMS - NONE
8. COMMENTS FROM CITY COUNCIL/AGENCY MEMBERS
(Including AB 1234 Report when required)
9. COUNCIL ADJOURNMENT
Next Regular Meeting will be held Wednesday, October 12, 2022 at 7:00 p.m.
DECLARATION: This agenda was posted on the Bulletin Board out side of the Council Chambers, w ere completely accessible to the public; and online, at least 72 hours in advance of the City Council Meeting. /s/Lucie Colombo, CMC, CPMC, Interim City Clerk