CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY/ November 30, 2022
MINUTES OF ADJOURNED 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 November 30, 2022 at 5: 48 p. m. in a Closed Session via In- Person Hybrid teleconference/ web conference), City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
CLOSED SESSION
5: 30 P. M.
IN- PERSON HYBRID
CALL TO ORDER
Vice MayorManzocalledthe ClosedSessionMeetingof the CityCouncil/SuccessorAgency to the Westminster Redevelopment Agency Meeting to order at 5:48 p.m. via In-Person Hybrid, at the City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
ROLL CALL VICE MAYOR CARLOS MANZO
PRESENT: COUNCIL MEMBER TAI DO
COUNCIL MEMBER KIMBERLY HO
COUNCIL MEMBER CHI CHARLIE NGUYEN
ABSENT: MAYOR TRI TA
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
City Attorney Bettenhausen clarified the location of the closed session Agenda Item Nos 2- 4 is not at CJC" Central Justice Center but at the North Justice Center. He stated there is sufficient information and compliance with the Brown Act.
ORAL COMMUNICATIONS FOR CLOSED SESSION MATTERS
1. Terry Rains spoke regarding existing litigation cases, expressed concern regarding the cost of litigation of personnel matters, and requested outcome of settlements.
2. Camilla Overbeek thanked City Attorney Bettenhausen for clarification regarding closed session item descriptions, spoke regarding existing litigation cases, and requested that Council Meetings begin on time.
MINUTES OF ADJOURNED REGULAR MEETING November 30, 2022
3. Amy Walsh echoed previous comments and spoke regarding moving the City forward and decreasing the number of lawsuits.
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 6:08 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 Existing Litigation Pursuant to Government Code Section 54956. 9( d)( 1):
Case: Matt Edinger v. City of Westminster, et al
OCSC Case No. 30- 2019- 01085700- CU- OE- CJC).
4. Conference with Legal Counsel pursuant to Existing Litigation Pursuant to Government Code Section 54956. 9( d)( 1):
Case: Jeremy Fletcher v. City of Westminster, et al
OCSC Case No. 30- 2019- 01086193- CU- OE- CJC).
RECESS: Vice Mayor Manzo recessed the meeting at 6:28 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 7:05 p.m.
SECTION INTENTIONALLY LEFT BLANK
MINUTES OF ADJOURNED REGULAR MEETING November 30, 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 7:05 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
Building Official Justin Nguyen
Planning Manager Steve Ratkay
Senior Planner Chris Wong
Assistant Planner Alice Tieu
Administrative Assistant II Tanya Ramirez
Housing Specialist Michael Son
Police Commander Ron Weber
Homeless Liaison Officer Roland Perez
Sergeant at Arms Stewart DeJong
Sergeant at Arms Claire Tran
Orange County Fire Authority Battalion Chief Craig
Dovey
Orange County Fire Authority Assistant Fire Marshall
Lynne Pivaroff
MINUTES OF ADJOURNED REGULAR MEETING November 30, 2022
SALUTE TO THE FLAG
The Flag Salute was led by Vice Mayor Manzo.
INVOCATION
The Invocation was conducted by Council Member Nguyen.
CITY ATTORNEY/ CLOSED SESSION REPORT
City Attorney Bettenhausen stated there were updates regarding the various cases:
1. In the case regarding Jose Flores vs. the City of Westminster, the jury found that the City did not retaliate against Jose Flores and returned a complete defense verdict in favor of the City.
2. Disclosed the settlement between Eliyahu Cortez Levy vs. the City of Westminster in the amount of $ 2, 295, 000 and that amount was included in the warrant register in the agenda packet.
3. In the case of Alan Aoki vs. the City of Westminster, the court granted a summary judgment in favor of the City of Westminster.
City Attorney Bettenhausen noted that three cases are still outstanding.
EX PARTE COMMUNICATIONS
Vice Mayor Manzo noted that he recently met with one of the owners of Westminster mall.
Council Member Ho noted that she also recently met with one of the owners of Westminster mall.
REPORT FROM CITY CLERK
Interim City Clerk Colombo stated there were late communications and e-comments received and are posted and available on the City website.
CITY MANAGER REPORT
Interim City Manager Cordon made various announcements regarding the following matters:
Last week to purchase the blue Westminster Police Department ( WPD) arm patch for " Movember." The " Movember" program raises awareness in the fight against prostate and testicular cancer. The WPD has raised over $ 17, 500 since 2016.
Invited the community to the City' s Tree Lighting Ceremony at the Civic Center on Monday, December 5th to kick off the holiday season.
MINUTES OF ADJOURNED REGULAR MEETING November 30, 2022
Invited the community to Breakfast with Santa on Saturday, December 10that 9:00 am in the Community Services Building.
StatedSantawill be goingto severalparksthroughoutthe Cityfor our fun Santaon the Go Event.
Invited the community to visits Mr. Clause, enjoy special crafts, activities and treats.
Sigler Park — Friday, December 9th at 6: 00 pm, Bolsa Chica Park — Saturday, December 10th at 12:30 pm and on Saturday, December 17th at Tony Lam Park at 10am and Westminster Park at 12: 30pm.
Stated the Winter edition if Newsletter & Recreation Guide will be out soon!
1. SPECIAL PRESENTATIONS
A. Presentation to Senator Tom Umberg, District 34, for His Service to the City of Westminster.
Mayor Ta presented a certificate to Senator Umberg for his service to the City.
Senator Umberg thanked the City Council for the recognition and presented certificates of recognition to the City Council for their service to the community.
B. Presentation and Recognition to Outgoing Mayor Tri Ta for His Service on the City Council.
Vice Mayor Manzo recognized and thanked Mayor Ta for his years of service to the community and congratulated him on his new venture as Assemblyman.
Mayor Ta made farewell remarks and thanked the community for the opportunity to serve the City of Westminster.
2. ORAL COMMUNICATIONS
In- Person
1. Hung Nguyen spoke regarding candidate Nam Quan Nguyen and Council Member Nguyen and requested Mr. Nguyen resign as a newly elected Council Member.
2. Debra Mariscal spoke regarding the City' s financial situation and Measure Y, the playground uses at Liberty Park and the homeless in the area ( Agenda Item No. 3. 4) and spoke in opposition to the City funding the Tet Parade Agenda Item No. 5. 2).
3. Michael Verrengia spoke regarding Robert' s Rules of Orders, stated that the City Council needs to work on being more professional, discussed the potential locations of the Quang Tri Monument.
MINUTES OF ADJOURNED REGULAR MEETING November 30, 2022
4. Jessica Lostaunau spoke regarding the Tet Parade and spoke in opposition of funding the TET Parade ( Agenda Item No. 5.2).
5. Tony Bui thanked the City Council and staff for continuing to grow the City, expressed hope for the new City Council Members, spoke regarding the City' s financial situation, requested that Council Member Ho resign.
6. Camilla Overbeek spoke in opposition of the City funding the Tet Parade Agenda Item No. 5. 2).
7. Robert L. Harrison spoke regarding the City' s denial of their Black April event on April 30th at 10: 00 a. m. and requested his application be reconsidered and approved.
8. Terry Rains thanked Senator Umberg for his years of services and representing the City of Westminster, spoke regarding the warrant registers Agenda Item No. 3. 2), expressed concern regarding the special event application from the Vietnam War Memorial in Westminster, Inc. being held on Saturday, April 29, 2023 ( Agenda Item No 3. 3), spoke in support of the ordinance adopting Measure Y ( Agenda Item No. 3. 5), spoke regarding the Treasurer' s Report of October ( Agenda Item No. 3. 6), spoke regarding the staff report presented for the part-time salary schedule ( Agenda Item No. 5.1), expressed concern regarding funding for the Tet Parade ( Agenda Item No.
5. 2), thanked Westminster voters for passing Measure Y, and expressed concern with the incoming Mayor and outgoing Council Members.
9. Air Ocean Pros spoke regarding a potential sound wall along the side of the 405 freeway.
Zoom
10. Amy Walsh reiterated Mr. Verrengia' s thoughts and expressed concern regarding the professionalism of the City Council, spoke in opposition of funding the TET Parade.
E- Comment( s)
Comments available on the City website.
SECTION INTENTIONALLY LEFT BLANK
MINUTES OF ADJOURNED REGULAR MEETING November 30, 2022
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. January 15, 2020 - Special Meeting ( Regular Session); and B. July 14, 2021 - Regular Meeting ( Closed and Regular Session); and C. July 28, 2021 - Regular Meeting ( Closed and Regular Session); and D. March 9, 2022 - Regular Meeting ( Closed and Regular Session); and E. August 10, 2022 - Regular Meeting ( Closed and Regular Session); and F. November 9, 2022 - Regular Meeting ( Regular Session); and G. November 23, 2022 - Regular Meeting ( Cancelled).
WARRANT REGISTER
3. 2 City Council and Successor Agency Warrant Registers dated November 3, 2022 through November 16, 2022.
ACTION: The Mayor and City Council received and filed the report.
3. 3 THIS AGENDA ITEM WAS MOVED FOR SEPARATE DISCUSSION.
SEE END OF CONSENT CALENDAR ITEMS.)
3. 4 THIS AGENDA ITEM WAS MOVED FOR SEPARATE DISCUSSION.
SEE END OF CONSENT CALENDAR ITEMS.)
SECTION INTENTIONALLY LEFT BLANK
MINUTES OF ADJOURNED REGULAR MEETING November 30, 2022
ORDINANCES
3. 5 Second Reading and Adoption of Ordinance No. 2589 (Measure Y) Ordinance Adding Chapter 3.11 (Transactions and Use Tax of 2022) to Title 3 ( Revenue and Finance) of the Westminster Municipal Code.
ACTION: The Mayor and City Council conducted second reading and adopted Ordinance No. 2589 entitled, " An ORDINANCE OF THE CITY OF WESTMINSTER, CALIFORNIA, ADDING CHAPTER 3. 11 ( TRANSACTIONS AND USE TAX OF 2022) TO TITLE 3 ( REVENUE AND FINANCE) OF THE WESTMINSTER MUNICIPAL CODE," read by title only and waive further reading.
REPORTS
3. 6 Treasurer' s Report for October 2022.
ACTION: The Mayor and City Council received and filed the report.
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. 5163 entitled, " A
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
WESTMINSTER, CALIFORNIA, MAKING THE LEGALLY REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE THE CONDUCT OF REMOTE ` TELEPHONIC' MEETINGS DURING THE STATE OF EMERGENCY."
Motion was made by Council Member Nguyen, and seconded by Mayor Ta to approve the Consent Calendar, except Agenda Item Nos. 3. 3 and 3. 4.
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SECTION INTENTIONALLY LEFT BLANK
MINUTES OF ADJOURNED REGULAR MEETING November 30, 2022
ROUTINE MATTERS
3. 3 Special Event Permit Application from the Vietnam War Memorial in Westminster, Inc. to Hold a Black April Memorial and the 20th Anniversary of the Vietnam War Memorial in Westminster on Saturday, April 29, 2023 at Sid Goldstein Freedom Park, 14180 All American Way.
Vice Mayor Manzo asked if the City had already reserved the date of April 30, 2023 at 10:00 a.m. fora City Black April Event.
Community Services and Recreation Director Johnson stated the discussion had occurred and the City did have that date reserved.
Motion was made by Vice Mayor Manzo, and seconded by Council Member Nguyen to approve the Special Event Permit application for a Black April Memorial on April 29, 2023 and the 20th Anniversary of the Vietnam War Memorial in Westminster, subject to the conditions.
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ADMINISTRATIVE ITEMS
3. 4 Purchase of Playground Equipment for Liberty Park.
Council Member Ho inquired if the playground equipment is necessary due to the high cost.
Public Works Director/ City Engineer Ngo noted that this project was secured through CDBG funding.
Discussion ensued regarding the allocation of funding and the need for new playground equipment.
Vice Mayor Manzo clarified that updating playground equipment was part of the City's Parks Master Plan.
Motion was made by Council Member Ho, and seconded by Vice Mayor Manzo to approve the purchase of playground equipment from Landscape Structures, Inc., in the amount of$ 244, 901. 09, for Liberty Park, 13900 Monroe Street, Westminster.
MINUTES OF ADJOURNED REGULAR MEETING November 30, 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. PUBLIC HEARINGS
4. 1 Case No. 2019- 201 - Public Hearing to Consider a General Plan Amendment, a Specific Plan, and an Environmental Impact Report ( EIR) for the Westminster Mall Specific Plan.
Interim Community Development Director Kurita gave a brief introduction and thanked key players.
Assistant City Manager Ozaeta gave a brief introduction of the General Plan Amendment, the Specific Plan and the Environmental Impact Report ( EIR) for the Westminster Mall Specific Plan.
Senior Planner Wong spoke regarding the Westminster Mall Site and surrounding uses, property owners, and explained the Specific Plan.
Wendy Nowak, Placeworks, spoke regarding the Westminster Mall Specific Plan objectives, land use concept, uses allowed in the Specific Plan, placemaking, and open space.
Jason Moody, EPS, spoke regarding retail preservation and retail reservation policy.
Assistant City Manager Ozaeta spoke regarding mobility.
Vice Mayor Manzo asked for clarification regarding the current traffic ratings.
Assistant City Manager Ozaeta spoke regarding traffic and parking analysis.
Interim Community Development Director Kurita spoke regarding the environmental review, noticing requirements and comments, and recommended actions.
City Manager Cordon spoke regarding the importance of the Westminster Specific Plan.
Mayor Ta thanked staff for their hard work and efforts on this project.
Council Member Nguyen left the dais at 9: 12 p. m.
MINUTES OF ADJOURNED REGULAR MEETING November 30, 2022
Vice Mayor Manzo thanked staff for their hard work and efforts on this project, asked for clarification regarding the retail square footage and sustainability, traffic adjustments and the time and investment in the project.
Jason Moody spoke regarding finding a balance and 600,000 sq ft. was a good number for retail.
Council Member Nguyen returned to the dais at 9:18p.m.
Assistant City Manager Ozaeta spoke regarding traffic adjustments and partnership with Orange County Transportation Authority ( OCTA), and the initial implementation.
Discussion ensued regarding the cost associated and investment of the project.
Vice Mayor Manzo left the dais at 9:26 p. m.
Council Member Ho asked for clarification regarding the retailers and reimbursements and expenses.
Vice Mayor Manzo returned to the dais at 9:28 p.m.
Jason Moody spoke regarding the use of space and noted that the City cannot micromanage the tenants coming in.
Assistant City Manager Ozaeta explained grant money reimbursements for the EIR.
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.
In- Person
1. Mario Garrido requested the City hire local workers.
2. Gerard Herman spoke regarding a trade person profession and in support of the project.
3. Henry Ford spoke in support of the project and requested the City hire locally.
4. John Tafoya, Southwest Carpenters, spoke in support of the project and requested the City hire locally.
5. Robert Sternberg, President of the Goldenwest Neighborhood Association, expressed concern regarding parking overflow and requested the City work with the City of Huntington Beach in addressing his concern.
MINUTES OF ADJOURNED REGULAR MEETING November 30, 2022
6. Terry Rains spoke in support of the project and expressed concern regarding Shopoff, the overall design, the number of affordable units, and requested that Mayor Ta abstain from voting on this item.
7. Stephen Logan, Shopoff Royalty Real Estate Investment, thanked staff and the City Council for their assistance on this project, disagreed with the comments from Ms. Rains, discussed the benefits of the proposed project.
8. Shelley Stevens stated that she is opposed to poorly designed high density housing developments, spoke against a potential fulfillment center at the proposed project.
9. Gordon Jones, True Life Companies, discussed the timeline of the project and expressed his excitement to finish the project.
10. Skyler Denniston, Kaiser Permanente, spoke in support of the project.
11. Lisa Callahan, Washington Prime Group, spoke in support of the project and thanked staff for their hard work and efforts.
Zoom
Council Member Nguyen left the dais at 10:04 p.m.
12. Amy Walsh echoed Ms. Rains comments, asked if traffic studies were completed during school hours, spoke regarding affordable housing, and spoke regarding billboards and ShopOff.
Council Member Nguyen returned to the dais at 10:09 p.m.
13. Alexander Espinoza expressed the amount of proposed housing on the project site, requested that the City attract different tenants to the site.
Mayor Ta left the dais at 10:11 p.m.
14. John Dietrich discussed the current tenants on the project site and the specific plan.
Mayor Ta returned to the dais at 10:14 p. m.
15. Camilla Overbeek echoed Terry Rains' comments, spoke regarding affordable housing, expressed concern regarding Tyler Diep' s involvement with ShopOff.
16. Jordan Sisson expressed concern with the EIR, the proposed housing on the project site, expressed concern that a development agreement hasn' t been finalized, requested corrections to the project.
MINUTES OF ADJOURNED REGULAR MEETING November 30, 2022
THERE BEING NO ADDITIONAL SPEAKERS, MAYOR TA CLOSED THE PUBLIC HEARING.
Mayor Ta stated this is a well-done specific plan and is a great opportunity to make a difference for the community. He expressed support for the project.
Vice Mayor Manzo thanked everyone for their comments and requested staff address some concerns raised by the community.
Community Development Director Kurita spoke regarding affordable housing.
MarkTeaguespokeregardingthe EIRand clarifiedsomeof the pointsmadeduring public comment.
Jason Pak spoke regarding circulation and traffic analysis.
Discussion ensued regarding urban planning land use and application processes.
Jason Moody discussed the hotel square footage ratio and the retail component of the proposed hotel.
Vice Mayor Manzo noted that he's in agreement of what is mostly stated in the specific plan, expressed support for local jobs, thanked staff and consultants for their work on the project.
Council Member Nguyen expressed his support for the project, thanked the public for coming out and expressing their concerns, thanked staff for their work on the project.
Council Member Do thanked staff for their work on this project.
Motion was made by Council Member Nguyen, and seconded by Mayor Ta to:
A. Adopt Resolution No. 5164 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT ( STATE
CLEARING HOUSE # 2019100444) ASSOCIATED WITH CASE NO. 2019- 201 PREPARED FOR THE WESTMINSTER MALL
SPECIFIC PLAN; ADOPTING FINDINGS OF FACT PURSUANT TO
PUBLIC RESOURCES CODE SECTION 21081( A), ADOPTING A
MITIGATION MONITORING PLAN, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS."
MINUTES OF ADJOURNED REGULAR MEETING November 30, 2022
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Motion was made by Vice Mayor Manzo, and seconded by Council Member Ho to:
B. Adopt Resolution No. 5165 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
APPROVING AN AMENDMENT TO THE GENERAL PLAN REGARDING
THE WESTMINSTER MALL SPECIFIC PLAN ( MIXED- USE
RESIDENTIAL AND COMMERCIAL DEVELOPMENT)"; and
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Motion was made by Council Member Nguyen, and seconded by Vice Mayor Manzo to:
C. Introduce Ordinance No. 2592 for first reading entitled, " AN ORDINANCE
OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER,
CALIFORNIA, APPROVING AN ORDINANCE TO ADOPT THE
WESTMINSTER MALL SPECIFIC PLAN ( MIXED- USE RESIDENTIAL AND COMMERCIAL DEVELOPMENT)," read by title only and waive further reading, and approve the Planning Commission and staff recommended edits to the Westminster Mall Specific Plan as detailed in Attachment 4.
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SECTION INTENTIONALLY LEFT BLANK
MINUTES OF ADJOURNED REGULAR MEETING November 30, 2022
4. 2 Case No. 2022- 0430 - Public Hearing and Consideration and Adoption of an Ordinance and Resolution for a Zoning Text and Zoning Map Amendment PhaseA) to Establish New Mixed-Use Zoning and Amend the City's Zoning Map to be Consistent with the City' s General Plan Mixed- Use and Residential Land Use Designations, and Adopt an Addendum to the Westminster General Plan Final Environmental Impact Report ( EIR).
CityAttorneyBettenhausennotedthatfour CouncilMemberslive in close proximity to the project location besides Vice Mayor Manzo and noted that two random names would be drawn to determine which Council Members would have to recuse themselves from the item so that at least three Council Members could participate in the item.
Assistant City Manager Ozaeta drew Mayor Ta and Council Member Nguyen name at random which allows them to participate in the item.
Council Member Ho recused herself at 10:57 p.m.
Council Member Do recused himself at 10:57 p.m.
Interim Community Development Director Kurita briefly introduced the item and introduced Amanda Tropiano from DeNovo Planning, to provide a presentation.
Amanda Tropiano, DeNovo Planning, provided a brief presentation regarding the zoning modifications.
Council Member Nguyen inquired about the inquires that were made about the zoning changes.
Planning Manager Ratkay noted that once the inquiries were addressed there were no follow- up inquiries from the same individuals.
Vice Mayor Manzo asked for clarification regarding Phase B and its timeline.
Planning Manager Ratkay provided information on the timeline and noted that Phase B will take approximately 12 months.
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. Charles Pout discussed the potential zoning regulations with regards to automotive use.
MINUTES OF ADJOURNED REGULAR MEETING November 30, 2022
2. Barry Adams expressed concern with the potential elimination of self- storage in the zoning changes.
Zoom
3. Camilla Overbeek expressed concern over the PowerPoint and the difficulty to see details on the slides.
THERE BEING NO ADDITIONAL SPEAKERS, MAYOR TA CLOSED THE PUBLIC HEARING.
Mayor Ta asked for clarification regarding the two density units.
Amanda Tropiano provided an explanation on the density requirements with the general plan.
MAYOR TA RE- OPENED THE PUBLIC HEARING.
MAYOR TA ASKED IF THERE WERE ANY SPEAKERS WISHING TO SPEAK IN FAVOR OR IN OPPOSITION TO THE ITEM.
4. Barry Adams reiterated his earlier comments about the use of self- storage, asked if the allowance of self- storage effects the housing element.
5. Charles Pout reiterated his concerns mentioned earlier with regards to automotive uses.
Zoom
6. Camilla Overbeek reminded everyone that this is a public hearing and rules need to be followed.
THERE BEING NO ADDITIONAL SPEAKERS, MAYOR TA CLOSED THE PUBLIC HEARING.
There was a discussion amongst the City Council pertaining to the concerns expressed during public comment.
Council Member Nguyen asked if a specific area can be made mixed use by creating a specific plan for it.
Amanda Tropiano stated the City may implement a specific plan in any particular area at its discretion.
MINUTES OF ADJOURNED REGULAR MEETING November 30, 2022
Motion was made by Vice Mayor Manzo, and seconded by Mayor Ta to:
A. Introduce Ordinance No. 2593 for first reading entitled, " AN ORDINANCE
OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
WESTMINSTER, CALIFORNIA, TO APPROVE A ZONING TEXT
AMENDMENT ( CASE NO. 2022- 0430) IN ORDER TO IMPLEMENT THE
GENERAL PLAN LAND USE ELEMENT AND HOUSING ELEMENT BY
ADDING CHAPTER 17. 260, MIXED- USE ZONES, AND SECTION
17. 250. 035, HOUSING ( H) OVERLAY, TO TITLE 17 OF THE
WESTMINSTER MUNICIPAL CODE AND ADOPTING AN ADDENDUM
TO THE WESTMINSTER GENERAL PLAN FINAL ENVIRONMENTAL
IMPACT REPORT," read by title only and waive further reading.
The motion carried, 3-0-0-0-2, by the following roll call vote:
AYES: TA, MANZO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSE: DO, HO
Motion was made by Council Member Nguyen, and seconded by Vice Mayor Manzo to:
B. Introduce Ordinance No. 2594 for first reading entitled, " AN ORDINANCE
OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER,
CALIFORNIA, TO AMEND THE OFFICIAL CITY OF WESTMINSTER
ZONING MAP ( CASE NO. 2022- 0430) BY REZONING PARCELS OF
LAND DESIGNATED IN THE GENERAL PLAN AS MIXED- USE TO A
MIXED- USE ZONING DISTRICT, REZONING CERTAIN PARCELS OF
LAND TO CONTAIN A HOUSING OVERLAY, REZONING CERTAIN
PARCELS OF LAND TO BE CONSISTENT WITH THE RESIDENTIAL
LAND USE DESIGNATION IN THE GENERAL PLAN, AND ADOPTING
AN ADDENDUM TO THE WESTMINSTER GENERAL PLAN FINAL
ENVIRONMENTAL IMPACT REPORT," read by title only and waive further reading.
The motion carried, 3-0-0-0-2, by the following roll call vote:
AYES: TA, MANZO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSE: DO, HO
MINUTES OF ADJOURNED REGULAR MEETING November 30, 2022
Motion was made by Vice Mayor Manzo, and seconded by Mayor Ta to:
C. Adopt Resolution No. 5166 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, APPROVING CASE NO. 2022- 0430 TO AMEND THE CITY' S DESIGN
GUIDELINES MANUAL TO INCLUDE APPLICABILTY OF DESIGN
STANDARDS TO RESIDENTIAL DEVLEOPMENT IN MIXED- USE
ZONES AND TO ADOPT AN ADDENDUM TO THE ENVIRONMENTAL
IMPACT REPORT."
The motion carried, 3-0-0-0-2, by the following roll call vote:
AYES: TA, MANZO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSE: DO, HO
Council Member Ho returned to the dais at 11 52 p.m.
Council Member Do returned to the dais at 11:52 p.m.
EXTEND PAST MIDNIGHT
Motion was made by Vice Mayor Manzo, and seconded by Council Member Ho to extend past midnight until 1: 00 a. m., pursuant to the City policy.
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4. 3 Public Hearing - Adoption and Amendments of the 2022 Edition of the California Building Standards Codes.
Interim Community Development Director Kurita briefly introduced the item.
Building Official Nguyen gave a presentation regarding the Amendments of the 2022 Building Codes.
Vice Mayor Manzo inquired about the language regarding aluminum wires and if the size of the wire is regulated.
MINUTES OF ADJOURNED REGULAR MEETING November 30, 2022
Building Official Nguyen noted that aluminum wires are still allowed under the California Electrical Code and noted that the City limits the use of aluminum wires.
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. David Ngo expressed concerns over the regulations of glass windows with patio enclosures.
THERE BEING NO ADDITIONAL SPEAKERS, MAYOR TA CLOSED THE PUBLIC HEARING.
Building Official Nguyen discussed the regulations surrounding glass windows with patio enclosures and the safety concerns.
Council Member Do asked what windows would be allowed.
Building Official Nguyen noted that plastic and tempered glass are allowed in place of glass windows.
Vice Mayor Manzo directed staff to update to include that aluminum wire size # 1 or smaller not be allowed.
Motion was made by Vice Mayor Manzo, and seconded by Council Member Do to adopt Ordinance No. 2591 entitled, " AN ORDINANCE OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, REPEALING AND REPLACING CHAPTERS 15. 08 ( BUILDING CODE), 15. 10 ( RESIDENTIAL CODE), 15. 12 ( ELECTRICAL CODE), 15. 14 ( MECHANICAL CODE), 15. 16 PLUMBING CODE), 15. 20 ( GREEN BUILDING STANDARDS CODE), AND 15. 22 FIRE CODE) OF TITLE 15 ( BUILDINGS AND CONSTRUCTION) ADOPTING THE 2022 EDITIONS OF THE CALIFORNIA CODES AND RELATED MODEL CODES WITH APPENDICES AND AMENDMENTS THERETO," 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
MINUTES OF ADJOURNED REGULAR MEETING November 30, 2022
5. REGULAR BUSINESS
5. 1 Approve a Resolution to Update the Part- Time Salary Schedule, Effective January 1, 2023.
Motion was made by Council Member Nguyen, and seconded by Vice Mayor Manzo to:
A. Adopt Resolution No. 5167 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
PROVIDING FOR A COMPENSATION PLAN FOR PART- TIME
EMPLOYEES OF THE CITY OF WESTMINSTER"; and
B. Approve updated job description and salary schedule for Part-Time Community Services and Recreation Coordinator.
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 Proposal for the City of Westminster to Facilitate and Hold 2023 Tet Parade.
City Manager Cordon summarized the staff report.
Mayor Ta expressed his support for the Tet Parade
Vice Mayor Manzo expressed concern with the cost and asked how much the City could recover with entry fees and sponsorships.
Community Services Director Johnson went over the sponsorship amounts and past entry fees the City received and estimated that the City could potentially recover around $ 60, 000.
Council Member Nguyen noted that the Tet Parade has been a long-standing tradition for the City.
Council Member Ho discussed the history of the Tet Parade, discussed the planning process for the parade, noted that the parade has been a tradition for the City, wished that staff had brought this request to the City Council earlier in the year.
Council Member Nguyen stated that the City Council should make a decision on this tonight, noted that staff can evaluate if the City should coordinate the event in future years.
MINUTES OF ADJOURNED REGULAR MEETING November 30, 2022
Council Member Do asked what would happen if a previous Tet Parade organizer submits a permit to organize the event, asked if the City is comfortable coordinating the eventthis year and potentiallyrecoveringsome of the costs, asked if the City could hold a fundraiser to help offset the cost for the event.
City ManagerCordonnotedthat therewouldstill be a heavyimpacton staff even if a permit was submitted for the parade, noted that staff should be able to secure sponsors for the event, noted that it would cost staff time to host a fundraiser in addition to the cost to rent a facility to host a fundraiser.
Council Member Nguyen inquired about the timeline to submit an application for a special event permit for this event.
Community Services Director Johnson noted it would be in the November timeframe.
Motion was made by Council Member Nguyen, and seconded by Mayor Ta to:
A. To authorize staff to plan and hold the 2023 Tet Parade; and B. Authorize a budget increase of $ 70, 000 from the General Fund to account 75000 - 40021, Community Promotion - Parades, for a total of $ 150, 000, less any sponsorships, donations, and parade entry fees received to cover parade expenses.
The motion carried, 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6. LEGISLATIVE ITEMS — NONE.
7. COMMISSION AND COMMITTEE ITEMS - NONE
8. COMMENTS FROM CITY COUNCIL/ AGENCY MEMBERS ( Including AB 1234 Report when required)
Council Member Nguyen thanked staff for their dedication and hard work on the Westminster Mall Specific Plan, congratulated Mayor Ta for his new position as Assembly Member and thanked Mayor Ta for 16 years of service to the City.
Council Member Do thanked Senator Tom Umberg for his years of service to the Westminster community and congratulated Mayor Ta on his new position of Assemblyman.
MINUTES OF ADJOURNED REGULAR MEETING November 30, 2022
Vice Mayor Manzo thanked City staff for their hard work and efforts, he stated the month of December would be a busy month, thanked Senator Tom Umberg for his service to the City of Westminster and wished Mayor Ta a farewell and best wishes in Sacramento.
Council Member Ho offered her assistance with the TET Parade, spoke regarding moving the City forward, thanked Interim Community Development Director Kurita for her hard work and dedication. She also appreciated staff for their hard work on the Westminster Mall Specific Plan and congratulated Mayor Tri Ta on his new position as State Assembly Member.
Mayor Ta spoke regarding Westminster Mall Specific Plan and Mendez Tribute Monument Park legacy and thanked staff for their hard work on the projects. He stated this was his last meeting and thanked the City Council and City staff for their hard work and efforts and the community for their participation throughout his years of service.
9. COUNCIL ADJOURNMENT
There being no further business to discuss, Mayor Ta adjourned the meeting on December 1, 2022, at 1: 21 a. m.
The next Regular Meeting will be held Wednesday, December 14, 2022 at 7:00 p.m.
Respectfully submitted:
i /
i/gaIY A Ca
Ansi- ar& ty Clerk
APPROVED:
Chi Cti " r" e<./ en
Mayor/ Chair
ATTEST:
Z'`_-- ice--..=`-:
Lucie Colombo, CMC, CPMC
Interim City Clerk