CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY/ September 28, 2022
WESTMINSTER HOUSING AUTHORITY
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 September 28, 2022 at 5: 07 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 Ta called the Closed Session Meeting of the City Council/Successor Agency to the Westminster Redevelopment Agency Meeting to order at 5:07 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 ( Arrived at 5: 10 PM)
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
Administrative Assistant II Tanya Ramirez
ORAL COMMUNICATIONS FOR CLOSED SESSION MATTERS
1. Terry Rains spoke regarding concluding to the Closed Session agenda.
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.
MINUTES OF REGULAR MEETING September 28, 2022
The City Council recessed to Closed Session at 5:12 p.m. 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: Mayor Ta recessed the meeting at 6:55 p.m. from Closed Session.
RECONVENE CITY COUNCIL MEETING: The City Council/ Successor Agency to the Westminster Redevelopment Agency meeting reconvened to Open Session at 7:10 p.m.
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MINUTES OF REGULAR MEETING September 28, 2022
REGULAR MEETING
7: 00 PM
IN- PERSON HYBRID
Mayor Ta called the Regular Meeting of the City Council/ Successor Agency to the Westminster Redevelopment Agency Meeting to order at 7: 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
ABSENT: NONE
Interim City Clerk Colombo announced a quorum with all members present.
STAFF PRESENT: City Manager Christine Cordon
City Attorney Christian Bettenhausen
Assistant City Manager Adolfo Ozaeta
Interim City Clerk Lucie Colombo
Finance Director Erin Backs
Community Services Director Vanessa Johnson
Police Chief Darin Lenyi
Public Works Director/ City Engineer Jake Ngo
Human Resources Director Jodie Griner
Interim Community Development Director Debra Kurita
Assistant City Clerk Abigail Y. Alcala
Administrative Assistant II Tanya Ramirez
Housing Specialist Michael Son
Police Commander Kevin MacCormick
Police Commander Cord Vandergrift
Police Commander Ron Weber
Police Commander Scott Gump
Sergeant at Arms Stewart DeJong
Sergeant at Arms Claire Tran
Orange County Fire Authority Battalion Chief Ron
Roberts
SALUTE TO THE FLAG
The Flag Salute was led by Council Member Do.
MINUTES OF REGULAR MEETING September 28, 2022
INVOCATION
The Invocation was conducted by City Attorney Bettenhausen.
CITY ATTORNEY/ CLOSED SESSION REPORT
City Attorney Bettenhausen stated there was discussion and direction provided for all Closed Session Agenda Items.
EX PARTE COMMUNICATIONS
There were no Ex Parte Communications to be presented at this time.
REPORT FROM CITY CLERK
InterimCity Clerk Colomboinvitedmembersof the publicto applyfor vacancieson the Boards, Commissions, and Committees.
CITY MANAGER REPORT
InterimCity ManagerCordonmade variousannouncementsregardingthe following matters:
October is National Breast Cancer Awareness Month. The Westminster Police Officer Association ( WPOA) and Westminster Police Department ( WPD) have teamed up in an effort to bring awareness to breast cancer in October by uniformed personnel wearing pink patches.
Pink patches will also be available for sale; all proceeds go to Susan G. Komen Foundation to help fund research to fight breast cancer.
WPD, in conjunctionwiththe PublicWorksDepartment, will be hostinganother Catalytic Converter Etching event on Saturday, October 15th from 7:00 a.m. to 11:00 a.m. at the Westminster Corporate Yard located at 14381 Olive St.
Fall Youth Sports programs are beginning soon.
Retirement of Orange County Fire Authority Battalion Chief Ron Roberts.
1. SPECIAL PRESENTATIONS — None.
2. ORAL COMMUNICATIONS
In- Person
1. Hung Nguyen spoke regarding Resolution No. 4953 and stated there was a violation by candidate NamQuan Nguyen.
2. Terry RainsexpressedconcernregardingCouncil's leavingof the daisduring City Council meetings and regarding the execution of a contract with the County a year after its commencement date ( Agenda Item No. 3. 2), spoke in
MINUTES OF REGULAR MEETING September 28, 2022
support of the Navigation Center ( Agenda Item No. 5. 1), and spoke regarding the American Rescue Plan Act of 2021 ( ARPA) Funding proposals ( Agenda Item No. 5. 2) and the Reevaluation of the Residential Rebate Program Agenda Item No. 5. 3). She congratulated city staff for the Fall Festival Event and invited all to attend an informal Candidate Meet and Greet at Bolsa Chica Park, and spoke in support of Measure Y.
3. Don Anderson spoke regarding ARPA funds as it relates to City Parks and the roles and responsibilities of the Westminster Historical Society.
4. John Gentile spoke in support of Measure Y and the use of monies and spoke regarding the Orange County Law Enforcement Monument placed at the Civic Center of Santa Ana.
5. Tony Bui spoke regarding current candidates running for the mayoral seat, the dishonest candidate campaigning efforts, and the City' s financial situation.
6. Khai Dao, Viet Youth Media, spoke regarding the City' s financial situation and criticized candidate NamQuan Nguyen and the Mayor' s endorsement of him.
7. Peter Whittingham spoke in support of the Reevaluation of the Residential Rebate Program for Vehicle Purchases ( Agenda Item No. 5. 3).
Zoom
8. Dan Karella spoke regarding Council Member Do' s comments made at the last City Council Meeting regarding the Quang Tri Monument and made suggestions of the placement of the monument.
9. Amy Walsh spoke regarding the production of the City Council meetings and Council Members conduct at the dais.
10. Camilla Overbeek requested the vehicle rebate program be put on the back burner until after the election ( Agenda Item No. 5. 3).
3. CONSENT CALENDAR
MINUTES
3. 1 Minutes of the City Council/ Successor Agency to the Westminster Redevelopment Agency.
ACTION: The Mayor and City Council approved the minutes as presented for the date listed below:
A. September 14, 2022 — Regular Meeting ( Closed and Regular Sessions).
MINUTES OF REGULAR MEETING September 28, 2022
ADMINSTRATIVE ACTION
3. 2 Memorandum of Understanding for Use of AlertOC Countywide Mass Notification System.
ACTION: The Mayor and City Council approved the Memorandum of Understanding MOU) between the County of Orange and the City of Westminster (Participant) for use of the AIertOC countywide public mass notification system for the period of July 1, 2021 to December 30, 2024; and authorized the City Manager to execute the agreement.
AGREEMENTS/ PURCHASE ORDERS ( UNDER $ 500, 000)
3. 3 Professional Services Agreement with AET & Associates to Provide On- Call Intelligent Transportation Systems ( ITS) Services Related to the 1-405 Improvement Project.
ACTION: The Mayor and City Council approved the professional services agreement with AET & Associates to provide on- call ITS services related to the 1-405 Improvement 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).
ACTION: The Mayor and City Council adopted Ordinance No. 2590 entitled, " AN
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
WESTMINSTER AMENDING PROVISIONS OF TITLE 3 ( REVENUE AND FINANCE), CHAPTER 3. 44 ( PURCHASING SYSTEM) OF THE WESTMINSTER MUNICIPAL CODE," read by title only, and waived further reading.
RESOLUTIONS
3. 5 Resolution Reaffirming Proclamation No. 2020- 01 and Resolution No. 4983, Which Declared the Existence of a Local Emergency.
ACTION: The Mayor and City Council adopted Resolution No. 5152 entitled, " A
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, REAFFIRMING PROCLAMATION NO. 2020- 01 AND RESOLUTION NO. 4983 WHICH DECLARED THE EXISTENCE OF A LOCAL EMERGENCY."
MINUTES OF REGULAR MEETING September 28, 2022
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. 5153 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 Registers dated September 8, 2022 through September 21, 2022.
ACTION: The Mayor and City Council received and filed this report.
REPORTS
3. 8 Treasurer' s Report for August 2022.
ACTION: The Mayor and City Council received and filed this report.
3. 9 ( Housing Authority) Westminster Housing Authority Annual Report and Senate Bill 341 Report for FY 2021- 2022.
ACTION: The Chair and Authority Board Members:
A. Approved the Housing Authority Annual Report for Fiscal Year 2021- 2022, which also serves as the compliance document for Senate Bill 341; and B. Authorized the City Manager to transmit the document to the California Department of Housing and Community Development as required by State law; and
C. Authorized 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).
ACTION: The Mayor and City Council approved the following proclamations:
A. Honoring Westminster School District' s
150th
Anniversary Celebration;
MINUTES OF REGULAR MEETING September 28, 2022
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.
Motion was made by Council Member Nguyen, and seconded by Vice Mayor Manzo to approve the Consent Calendar, as presented.
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 — NONE.
5. REGULAR BUSINESS
5. 1 Central Cities Navigation Center and Preliminary Funding Request for Purchase and Initial Start- Up Costs.
City Manager Cordon spoke regarding the property located at 13871 West St., Garden Grove currently in escrow as the proposed Navigation Center, and preliminary estimate costs. She stated a community meeting is set for October 10, 2022 and spoke regarding the Memorandum of Understanding (MOU) in place.
Mayor Ta spoke in support of the Navigation Center.
Vice Mayor Manzo thanked City Manager Cordon and Assistant City Manager Ozaeta for efforts and hard work in bringing this project to fruition and asked for clarification regarding the MOU.
City Manager Cordon spoke regarding the MOU being drafted by the City Attorney's Office.
Vice Mayor Manzo spoke in support of the Navigation Center.
Council Member Nguyen thanked staff for movingforward with this project and asked for clarification regarding how staff will deal with homeless coming and going from the facilities or the refusal of assistance.
Police Chief Lenyi spoke regarding the availability of beds and viable options of shelter. He stated the navigation center is not a site for incarceration.
MINUTES OF REGULAR MEETING September 28, 2022
City ManagerCordonexplainedthat the navigationcenteris notmeantfor longterm housing and spoke regarding the services to be provided.
City Attorney Bettenhausen spoke regarding case law related to homelessness.
Council Member Ho asked for clarification regarding the monies involved in the project.
City Manager Cordon spoke regardingthe estimated cost for the City and the allocation of monies.
Discussion ensued regarding the contribution of monies from the County and Cities, the costs related to the project, and the reimbursement of funds through ARPA Funds.
Motion was made by Vice Mayor Manzo and seconded by Council Member Nguyen to:
A. Approve the funding request for $ 4, 000, 000 to 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.
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Vice Mayor Manzo left the dais at 8:40 p. m.
5. 2 American Rescue Plan Act of 2021 (ARPA) Funding Proposals.
Vice Mayor Manzo returned to the dais at 8:42 p.m.
Interim Community Development Director Kurita gave brief ARPA presentation overview.
Council Member Nguyen left the dais at 8:50 p.m.
Council Member Nguyen returned to the dais at 8:54 p.m.
Council Member Do asked if funds could be used to pay COVID frontline workers.
MINUTES OF REGULAR MEETING September 28, 2022
City Manager Cordon spoke regarding essential worker pay and the initial and removal of allocation of funds.
Discussion ensued regarding the cost of essential worker pay such as police officers, proposal Item Nos. 5, 8, 9, 11, 18, 19, and 20, and the reallocation of funds.
Motion was made by Vice Mayor Manzo and seconded by Council Member Nguyen to have an additional study session to consider the reallocation of funds.
Council Member Nguyen left the dais at 9:50 p.m.
Council Member Ho asked regarding the usage of monies for improvements of Willow Street/ Westminster and Springdale area.
City Manager Cordon explained the use of monies for the area in regard to aesthetics and infrastructure improvements.
City Attorney Bettenhausen asked if there are urgent matters that may need to be approved.
City Manager Cordon stated once the allocation of funds has been designated it can no longer be changed.
Police Chief Lenyi explained the urgency for an update to CAD/ RMS system and critical infrastructure technology upgrades for digital security.
Council Member Nguyen returned to the dais at 9:55 p.m.
Amended motion was made by Vice Mayor Manzo and seconded by Council Member Nguyen to have an additional study session to consider the reallocation of funds and approve line items 5 and 8.
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Council Member Do left the dais at 9:57 p.m.
5. 3 Reevaluation of Residential Rebate Program for Vehicle Purchases.
City Manager Cordon gave a brief report regarding the rebate program.
Mayor Ta spoke in support for the rebate program.
MINUTES OF REGULAR MEETING September 28, 2022
Council Member Do returned to the dais 10:00 p.m.
Vice Mayor Manzo asked how much revenue was generated from the previous rebate program and where the monies for the rebate would come from. He expressed concern regarding the spending of monies considering the City's financial situation.
City Manager Cordon explained taxable data for dealerships cannot be released, stated funds would be allocated from economic development, and spoke regarding the interest of restarting the rebate program.
City Attorney Bettenhausen spoke regarding the process of a subsidy.
Discussionensuedregardingspendingfundsonthe projectandthetimelineto bring the analysis back to Council on the second meeting in October.
No action was taken.
6. LEGISLATIVE ITEMS
6. 1 Resolution to Adopt the Amended and Updated Conflict of Interest Code for the City of Westminster.
Motion was made by Council Member Nguyen, and seconded by Vice Mayor Manzo to adopt Resolution No. 5154 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
AMENDING AND UPDATING THE CONFLICT OF INTEREST CODE FOR THE
CITY OF WESTMINSTER FOR DESIGNATED EMPLOYEES AND OFFICIALS AND RESCINDING RESOLUTION NO. 5026."
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
8. COMMENTS FROM CITY COUNCIL/ AGENCY MEMBERS ( Including AB 1234 Report when required)
Council Member Ho thanked staff for their hard work and efforts on the fall festival.
Vice Mayor Manzo echoed previous comments and gave updates regarding Orange County cities.
MINUTES OF REGULAR MEETING September 28, 2022
Council Member Nguyen thanked staff for their hard work and efforts.
Council Member Do spoke regarding adding entertainers during the fall festival and thanked staff for their hard work and efforts.
Mayor Ta thanked OCFA Chief Roberts for his years of services and wished him a happy retirement, thanked City staff for their hard work and efforts on the fall festival, thanked Police Chief Lenyi on his leadership and the Westminster Chamber of Commerce.
9. COUNCIL ADJOURNMENT:
There being no further business to discuss, Mayor Ta adjourned the meeting at 10: 25 p. m.
Next Regular Meeting will be held Wednesday, October 12, 2022 at 7:00 p.m.
Res• ectfully submitted:
f
iAi.. I.
F , *
Abigai Y. •- a
Assistant Ci, Clerk
APPROVED:
J7
Tri Ta
Mayor/ Chair
ATTEST:
Lucie Colombo, CMC, CPMC
Interim City Clerk
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