CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JANUARY 11, 2023
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 January 11, 2023 at 5: 42 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
Mayor Nguyen called the Closed Session Meeting of the City Council/ Successor Agency to the Westminster Redevelopment Agency Meeting to order at 5:42 p.m. via In -Person Hybrid, at the City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
ROLL CALL MAYOR CHI CHARLIE NGUYEN
PRESENT: VICE MAYOR NAMQUAN NGUYEN
COUNCIL MEMBER AMY PHAN WEST
COUNCIL MEMBER CARLOS MANZO
COUNCIL MEMBER KIMBERLY HO
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. Roger Mindrum urged Mayor Nguyen to recuse himself from Closed Session Agenda Item No. 2 as he has a conflict of interest.
2. Terry Rains spoke regarding the Quang Tri Foundation existing litigation and requested Mayor Nguyen, Vice Mayor Nguyen, and Council Member Phan West recuse themselves from Closed Session Agenda Item No. 2 due to an ethical conflict of interest.
Council Member Ho requested Mayor Nguyen, Vice Mayor Nguyen and Council Member Phan West recuse themselves from Closed Session Agenda Item No. 2 due a conflict interest with the Foundation.
MINUTES OF REGULAR MEETING JANUARY 11, 2023
City Attorney Bettenhausen explained the process and reason for a recusal for a member of the City Council due to a conflict of interest and campaign contributions.
Council Member Manzo spoke regarding the optics and ethics.
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 5:54 p.m. for the following purpose:
Conference with Legal Counsel pursuant to
Government Code Section 54956. 9( d)( 2): Anticipated Litigation No. of Case( s): One ( 1)
2. Conference with Legal Counsel pursuant to Existing Litigation Pursuant to Government Code Section 54956. 9( d)( 1):
Case: Quang Tri Victory Foundation
Case No.: 30- 2022- 01270912- CU- BC- CJC
RECESS: Mayor Nguyen recessed the meeting at 7:15 p.m. from Closed Session.
SECTION INTENTIONALLY LEFT BLANK
MINUTES OF REGULAR MEETING JANUARY 11, 2023
RECONVENE CITY COUNCIL MEETING: The City Council/ Successor Agency to the Westminster Redevelopment Agency meeting reconvened to Open Session at 7:26 p.m.
REGULAR MEETING
7: 00 PM
IN- PERSON HYBRID
Mayor Nguyen called the Regular Meeting of the City Council/Successor Agency to the Westminster Redevelopment Agency Meeting to order at 7:26 p.m. via In -Person Hybrid, at the City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
ROLL CALL MAYOR CHI CHARLIE NGUYEN
PRESENT: VICE MAYOR NAMQUAN NGUYEN
COUNCIL MEMBER AMY PHAN WEST
COUNCIL MEMBER CARLOS MANZO
COUNCIL MEMBER KIMBERLY HO
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
Assistant City Clerk Abigail Y. Alcala
Planning Manager Steve Ratkay
Code Enforcement Manager Vicki Morgan
Police Commander Ron Weber
Police Commander Alan Iwashita
Information Technology System Supervisor Carl Glaze
Sergeant at Arms Stewart DeJong
Sergeant at Arms Robert Farro
Orange County Fire Authority Battalion Chief Craig
Dovey
SALUTE TO THE FLAG
The Flag Salute was led by Mayor Nguyen.
MINUTES OF REGULAR MEETING JANUARY 11, 2023
INVOCATION
The Invocation was conducted by Council Member Phan West.
CITY ATTORNEY/ CLOSED SESSION REPORT
City Attorney Bettenhausen stated there was discussion and direction provided for Closed Session Agenda Items. He requested that the City Council add Urgency Agenda Item No.
5.5 related to the TET Parade. He stated the item arose after the posting of the agenda and could not wait until the next regular council meeting for consideration.
City ManagerCordonexplainedthe urgencyitem is a requestto waiveTET Paradeentry Fees for Elementary, Middle, and Secondary (High) School and Districts.
REQUEST TO ADD URGENCY ITEM NO. 5. 5
Urgency Item — Request to Waive TET Parade Entry Fees for Elementary, Middle, and Secondary ( High) Schools and Districts.
Motion was made by Council Member Manzo and seconded by Council Member Ho to add Urgency Agenda Item No. 5.5 — Request to Waive TET Parade Entry Fees for Elementary, Middle, and Secondary (High) Schools and Districts.
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN, N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
EX PARTE COMMUNICATIONS
There were no Ex Parte Communications to be presented at this time.
REPORT FROM CITY CLERK
InterimCityClerkColombostatedshe had nothingto reportandwishedeveryonea Happy New Year.
City Manager Cordon noted there was a request from Mayor Nguyen to move Item No. 6.3 prior to 6. 2.
MINUTES OF REGULAR MEETING JANUARY 11, 2023
REQUEST TO MOVE AGENDA ITEM NOS 6. 3 AND 6. 2 OUT - OF - ORDER Motion was made by Mayor Nguyen and seconded by Council Member Ho to move Agenda Item No. 6. 3 prior to 6. 2.
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN, N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY MANAGER REPORT
City Manager Cordon made various announcements regarding the following matters:
The 2023 Collegiate Bowl will be held on January 28, 2023, at the Rose Bowl, 1001 Rose Bowl Dr, Pasadena, CA 91103. The NFL has invited the Westminster Police Department Honor Guard to present the Nation' s colors before the start of the game on January
28tH
The 2023 Tet Parade is on Sunday, January 22"
d,
beginning at 10:00 a.m. with
opening ceremonies at 9:30 a.m. The parade travels along Bolsa Ave. from Magnolia Street eastbound towards Bushard Street through the heart of Little Saigon. Be sure to check our website for road closure information and all other details.
Contractors will commence the Mayor' s office relocation work this Friday, January 13th for a duration of one week.
1. SPECIAL PRESENTATIONS — NONE.
REQUEST TO REDUCE ORAL COMMUNICATION TIME
Mayor Nguyen discussed the rules of decorum during City Council meetings and expressed his hope for a new beginning with the new City Council Members.
Motion was made by Mayor Nguyen and seconded by Vice Mayor Nguyen to reduce oral communication time from five minutes to three minutes.
Council Member Ho stated the current speaker, Nguyen Hung, has already been called to speak and is being targeted by Council.
The motion carried, 3-2, by the following roll call vote:
AYES: C. NGUYEN, N. NGUYEN, PHAN WEST
NOES: MANZO, HO
ABSENT: NONE
ABSTAIN: NONE
MINUTES OF REGULAR MEETING
2. ORAL COMMUNICATIONS
In - Person
JANUARY 11, 2023
1. Nguyen Hung requested Mayor Nguyen and Vice Mayor Nguyen resign, expressed concern regarding profane language and insults in a video from Vice Mayor Nguyen, and requested Mayor Nguyen provide him his engineering degree.
Mayor Nguyen spoke regarding his education degrees.
2. Michael Verrengia spoke in opposition of the reduction of oral communications time and his restrictions of freedom of speech.
Council Member Phan West spoke regarding addressing corruption and welcomed everyone to express their concern.
3. Erik Duane spoke regarding the Luong Family's billboard business and expressed concern regarding the City's intent of closing the billboard business located at 6491 Maple St.
4. Tony Bui expressed concern regarding Council's efficiency and work, spoke regarding the Quang Tri Monument Foundation lawsuit against the City and —. the length of City Council discussion wasted on the Quang Tri Monument Committee, and request Council Member Ho to resign.
5. Jorge Salcedo spoke in support of the Luong family billboard business.
6. Steven Shao spoke in support of the Luong family billboard business and requested their permit be expediated and granted, an explanation of the delay or denial permit and assurances for small business related to free competition.
7. Cristian spoke in support of the Luong family billboard business.
8. Gary Hernandez spoke in support of the Luong family small business and requested the Council reevaluate the permit.
9. Abel Martinez spoke in support of the Luong Family small business and the hardships of COVID for small businesses.
10. John Luongexpressedconcernregardingthe City's intentto closethe Luong family billboard business.
11. Toad echoedAbel Martinez's commentsand spoke in supportof the Luong family small business. He spoke regarding the family's generosity to the community.
MINUTES OF REGULAR MEETING JANUARY 11, 2023
12. Christina Luong requested the Luong Family Billboard business permit be extended and spoke regarding the positive impacts of the business and the family.
13. Peter Rivas expressed support of the extension of the Luong family permit, spoke regarding the City's mission, vision and core values and requested City' s ppt statement of no generation of monies from billboard is false.
14. Ryan Neptune expressed concern regarding the denial of the extension for the Luong family' s billboard business permit and requested the billboard permits be placed on the agenda for further discussion and extension of the permit.
15. Stephen Hernandez spoke in support of the Luong family' s business billboard permit.
16. Bill Ecitto questioned why the City no longer wants to extend the Luong Family' s business permit.
17. Jacko Luong spoke regarding the Luong Family' s small billboard business, questioned why his business permit was not extended, and spoke regarding the City's intent to be in the billboard business.
18. Allen Serna spoke in support of the Luong Family billboard business.
19. Rafael Barbosa spoke in support of the Luong Family' s small business and requested his business permit be extended.
20. AJ Jolivette spoke in support of the Luong family' s billboard business.
21. Madeline Luong requested the Luong Family business permit be extended.
22. Romeo spoke in support of the Luong Family small business.
23. D' Vorah Mariscal requested Council address speakers with respect, spoke in support of Agenda Item Nos. 5. 1 and 5. 2, stated there is no need for the Mayor' s office to be at City Hall (Agenda Item no. 6. 1), spoke in opposition of reducing oral communication time ( Agenda Item No. 6. 2), requested the meeting times do not change ( Agenda Item No. 6. 3), and spoke regarding the City's financial situation and stated the City should not be letting small business go.
Mayor Nguyen left the dais at 8:40 p. m.
MINUTES OF REGULAR MEETING
JANUARY 11, 2023
24. Philip Braun spoke in support of the Luong Family's small business and spoke regarding other cities fee waivers related to the business permits, defined the _ word ' community', and stated the City should not lose business rather all work together.
Mayor Nguyen returned to the dais at 8:42 p.m.
25. Jessica Lostaunau expressed concern regarding the length of oral communication and meeting times ( Agenda Item Nos. 6. 1, 6. 2), requested Council comments be concise and on topic, expressed concern regarding the request of adding agenda items on the agenda, expressed concern with agenda item no. 6. 3 and 6. 5.
Council Member Manzo left the dais at 8:45 p.m.
26. Tom Lam stated Vice Mayor Nguyen should not be an elected official as he is unethical, stated if the Vice Mayor does not resign, he will file a lawsuit.
Council Member Manzo returned to the dais at 8:48 p.m.
27. Tri Lam spoke regarding the Vice Mayor Nguyen comments towards him on his YouTube channel, expressed concern with decreasing oral communication time from five minutes to three minutes.
28. Mike Truong spoke regarding Vice Mayor Nguyen' s comments and threats towards him and his family and requested he resign from council.
City Attorney Bettenhausen stated oral communications should be related to roles and duties of the City Council Member and City business, he stated comments related to private business should not be addressed.
29. Terry Rains spoke regarding agenda items 6.2 and 6.3, discussed the length of City Council meetings, discussed new ideas for public comment time length, and expressed concern with Council Member Phan West.
Vice Mayor Nguyen left the dais at 8:57 p.m.
30. James Banh spoke in support of the Luong Family small business.
31. Phat Bui expressedconcernregardingthe denialof the LuongFamilysmall business billboard permit and requested their permit be approved, spoke regarding the City hosting the TET Parade and noted the City is not in the business of hosting events.
32. Minh Tran spoke in support of the Luong family small business and stated the City should not be competing with small businesses.
MINUTES OF REGULAR MEETING JANUARY 11, 2023
Vice Mayor Nguyen returned to the dais at 9:06 p.m.
Zoom
33. Amy Walsh spoke regarding the reduction of time to three minutes related to oral communications, noted that she was able to hear discussion during closed session on zoom earlier in the meeting,
34. David spoke in support of the Luong Family and small businesses.
35. Travis Allen spoke in support of the Luong Family and small businesses.
36. Roger Mindrum expressed concern with the reduction of public comment time, expressed concern regarding Council Member Phan West.
37. Lily Lujan spoke in support of the Luong Family and small businesses.
38. Camilla Overbeek expressed concern with a portion of the closed session being open to the public and the modification of public comment time, stated that Council Member Phan West blocked her on social media, spoke regarding the behavior of the City Council.
39. Jodi Boyd expressed concern with a portion of the closed session being open to the public, spoke in support of the Luong Family.
40. Thuy Vo expressed concern regarding the behavior of Council Member Phan West,
Mayor Nguyen left the dais at 9:29 p.m.
City Attorney Bettenhausen explained council comments per the brown act; spoke regarding the billboard referenced in public comment and the City's state mandate compliance regarding the billboard.
Council Member Phan West thanked everyone for expressing their concerns.
Mayor Nguyen returned to the dais at 9:31 p.m.
E - Comments
Available on the City website.
MINUTES OF REGULAR MEETING JANUARY 11, 2023
3. CONSENT CALENDAR
MINUTES
3. 1 Minutes of the City Council and the Successor Agency to the Westminster Redevelopment Agency.
ACTION: The Mayor and City Council approved the minutes as presented for the dates listed below:
A. December 9, 2022 - Special Meeting ( Regular Session), and B. December 28, 2022 - Regular Meeting ( Cancelled).
WARRANT REGISTER
3. 2 ( City Council and Successor Agency) Warrant Registers dated December 8, 2022 through January 4, 2023.
ACTION: The Mayor and City Council received and filed this report.
REPORTS
3. 3 Treasurer' s Report for November 2022.
ACTION: The Mayor and City Council received and filed this report.
PROCLAMATIONS
3. 4 Approval of Proclamations( s).
ACTION: The Mayor and City Council received and filed this report.
A. Proclamation - LUNAR NEW YEAR - Tet Nguyen flan — January 22, 2023.
RESOLUTIONS
3. 5 Resolution to Continue Authorizing the Conduct of Remote " Telephonic" Meetings During the State of Emergency.
ACTION: The Mayor and City Council adopted Resolution No. 5176 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."
MINUTES OF REGULAR MEETING JANUARY 11, 2023
Motion was made by Council Member Manzo and seconded by Council Member Ho to approve the Consent Calendar, as presented.
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN, N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4. PUBLIC HEARINGS — NONE.
5. REGULAR BUSINESS
5. 1 Award of Contract for the CDBG 22- 23 Street Improvement - Project No. CDBG 22- 23.
Council Member Ho inquired about the language in the staff report that states " lowest and responsible bidder".
City Attorney Bettenhausen noted the language of lowest and responsible bidder is required by state law.
Motion was made by Council Manzo and seconded by Council Member Ho to:
A. Approve the award of contract to the lowest and responsible bidder in the amount of $ 541, 320 to Sequel Contractors, Inc., and that all other bids be rejected; and
B. Authorize a 10% contingency in the amount of $ 54, 132 for potential change orders; and
C. Authorize the City Manager to execute the contract on behalf of the City.
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN, N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
MINUTES OF REGULAR MEETING JANUARY 11, 2023
5. 2 Authorize Changes to Police Officer Recruit Classification Status and Salary.
Human Resources Director Griner made a presentation and summarized the staff report.
Vice Mayor Manzo inquired if the City offers a hiring bonus for recruits and when recruits join the police union.
Police Commander Iwashita stated that recruits initial join as an associate member.
Mayor Nguyen inquired about the staffing level of officers.
Police Commander Iwashita noted that ninety-two is the ideal number for staffing levels.
Vice Mayor Manzo clarified that in most cities, public safety costs take up the majority of the general fund budget.
Council Member Ho thanked Human Resources Director Griner for her work on this item.
Mayor Nguyen inquired about the City's ability to recruit and retain officers and maintaining an adequate staffing level.
Police Chief Lenyi discussed the City's ability to recruit and retain officers in the current job market.
Council Member Phan West inquired whether the City recruits ex -military personnel who are living in the City.
PoliceChief Lenyiansweredaffirmativelyand notedthat it's importantthat the City stay competitive in the job market.
Motion was made by Council Member Manzo, and seconded by Council Member Ho to:
A. Authorize converting the Police Officer Recruit position from Part -Time to Full -Time status, including benefits; and
B. Increase Police Officer Recruit salary to $5,217 monthly; and C. Move Police Officer Recruit position to the Westminster Police Officers Association (" WPOA"); and
MINUTES OF REGULAR MEETING JANUARY 11, 2023
D. Adopt Resolution No. 5177 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
AMENDING RESOLUTION NO. 5133, THE MEMORANDUM OF
UNDERSTANDING FOR WESTMINSTER POLICE OFFICERS'
ASSOCIATION ( WPOA) EMPLOYEES, AMENDING EXHIBIT A, SALARY
SCHEDULE FOR THE WESTMINSTER POLICE OFFICERS'
ASSOCIATION ( WPOA) AND MODIFYING THE CLASSIFICATION PLAN FOR THE PERIOD OF JULY 1, 2020 THROUGH AND INCLUDING JUNE 30, 2023."
The motion carried, 5-0, by the following roll call vote AYES: C. NGUYEN, N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5. 3 Review of Process for Placement of Agenda Items.
Council Member Phan West summarized the staff report.
Council Member Manzo expressed concern with this agenda item and noted that there are not current issues with the current procedures to add an agenda item.
Council Member Ho reiterated Council Member Manzo' s thoughts, noted that specific Council Members will have different needs and requests because of the districts, requested to table this item to the future.
Vice Mayor Nguyen noted that Council Members have brought items to the City Council meeting in the past that caused long delays, noted that the City Council still represents the City as a whole.
Mayor Nguyen disagreed with Council Member Ho and Manzo and noted that several items have been brought up in the past that wasted time during City Council meetings.
Council Member Manzo noted that this is a new City Council and a new year and reiterated his thoughts of tabling this item for the future.
Council Member Phan West stated that having two Council Members approve an item for an agenda is more efficient and will save staff time as well.
MINUTES OF REGULAR MEETING JANUARY 11, 2023
Motion was made by Council Member Manzo and seconded by Vice Mayor Nguyen to call for the question.
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN, N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Motion was made by Council Member Phan West and seconded by Vice Mayor Nguyen to have two members of the City Council approve the placement of an item on future City Council agendas.
The motion carried, 3-2, by the following roll call vote:
AYES: C. NGUYEN, N. NGUYEN, PHAN WEST
NOES: MANZO, HO
ABSENT: NONE
ABSTAIN: NONE
5. 4 Consider an Implementation Plan for Distribution of Gift Cards for Westminster First Grocery Assistance Program and Authorize a Purchase Order to Perfect Gift Corporate for the Purchase of Visa Gift Cards for Fiscal Year 2022- 2023.
Community Services Director Johnson summarized the staff report.
Vice Mayor Manzo discussed option 3 and whether it's a first come first serve basis.
Council Member Phan West suggested giving out the gift cards at the Senior Center so that it's easily accessible to seniors in the community.
City ManagerCordondiscussedpreviouseventswheregift cardswere givenaway in the past and how the logistics worked.
There was a discussion on when the gift cards could be given out and whether staff should designate a Saturday event to give out the cards.
Mayor Nguyen expressed his support for option 2 ( Westminster First Grocery Assistance Program Application Intake Day) with several intake days included.
Council Member Manzo stated that the City Council shouldn't get ahead of staff and provide them time to properly administer the program.
MINUTES OF REGULAR MEETING JANUARY 11, 2023
Mayor Nguyen noted that his motion included working with staff on selecting the dates on when to give out the gift cards.
Motion was made by Mayor Nguyen, and seconded by Vice Mayor Nguyen to:
A. Adopt option 2 with the amendment that it be several intake days to be determined by staff to distribute gift cards through the Westminster First Grocery Assistance Program; and
B. Revising the program to " per person" eligibility instead of " per household"; and
C. Authorize an increase of $ 220, 000 for a total of $ 320, 000 for the purchase of Visa Gift Cards for Fiscal Year 2022- 23.
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN, N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5. 5 URGENCY AGENDA ITEM — REQUEST TO WAIVE TET PARADE ENTRY FEED
FOR ELEMENTARY, MIDDLE, AND SECONDARY ( HIGH) SCHOOLS AND DISTRICTS.
Community Services Director Johnson summarized the staff report.
There was a discussion among the City Council regarding fees and whether invited participants should have their fees waived to attend the event.
City Manager Cordon noted that any performers or parade participants who were invited by the City will not be charged to attend the event.
Motion was made by Vice Mayor Nguyen and seconded by Council Member Manzo to waive the TET Parade entry fees in the amount of $ 500 for Santiago High Schools Army Junior ROTC, McGarvin Intermediate Marching Band and Color guard and waive future fees for the elementary middle, and secondary ( high) schools and districts that have already been processed and future applications received from these categories for this parade.
MINUTES OF REGULAR MEETING
The motion carried, 5-0, by the following roll call vote JANUARY 11, 2023
AYES: C. NGUYEN, N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6. LEGISLATIVE ITEMS
6. 1 Introduce for First Reading of an Ordinance Amending Section 2.04.130 Regarding Public Official and Employee Interactions to Amend the Location of the Mayor' s Office.
Council Member Manzo asked if Directors discussed this potential ordinance with City staff.
City Manager Cordon stated that Directors were instructed to inform their staff of the proposed ordinance.
Vice Mayor Nguyen left the dais at 11:34 p.m.
Council Member Phan West inquired about the cost to modify the office space.
Staff discussed the costs of the projects and how it went about bidding for the work.
Vice Mayor Nguyen returned to the dais at 11:37 p.m.
Motion was made by Council Member Phan West, and seconded by Vice Mayor Nguyen to introduce for first reading Ordinance No. 2595 entitled, " AN ORDINANCE
OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, APPROVING AN ORDINANCE AMENDING SECTION 2. 04. 130 PUBLIC OFFICIAL AND EMPLOYEE INTERACTIONS), OF CHAPTER 2. 04 ( CITY COUNCIL), OF TITLE 2 ( ADMINISTRATION AND PERSONNEL) OF THE WESTMINSTER MUNICIPAL CODE," to amend the location of the Mayor' s office, read by title only and waive further reading.
The motion carried, 4-1, by the following roll call vote AYES: C. NGUYEN, N. NGUYEN, PHAN WEST, HO
NOES: MANZO
ABSENT: NONE
ABSTAIN: NONE
MINUTES OF REGULAR MEETING JANUARY 11, 2023
AGENDA ITEM( S) TAKEN OUT - OF - ORDER
6. 3 Ordinance Related to the Time for Council Meetings.
Council Member Phan West summarized the staff report and expressed her support for a 6:00 p.m. start time for City Council meeting and a 10:00 p.m. end time, with the ability to extend by majority vote.
Council Member Manzo expressed his support for an earlier start time for City Council meetings, brought up the idea of moving City Council meetings to Thursdays.
Motion was made by Council Member Phan West, and seconded by Vice Mayor Nguyen to:
A. Adopt an ordinance that changes the meeting start time from 7:00 p.m. to 6:00 p.m. for open/ regular session of City Council regular meetings, and the end time to 10:00 p.m.; and
B. Introduce Ordinance No. 2596 for first reading entitled, " AN ORDINANCE OF
THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER,
CALIFORNIA, AMENDING SECTION 2. 04. 010 OF TITLE 2
ADMINISTRATION AND PERSONNEL) OF THE WESTMINSTER
MUNICIPAL CODE, RELATING TO THE TIME FOR CITY COUNCIL
MEETINGS," read by title only and waive further reading.
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN, N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6. 2 Amendment to Ordinance Related to Oral Communications at City Council Meetings.
Council Member Phan West summarized the staff report and supported reducing the time for oral communications from five minutes to three minutes.
Council Member Phan West made a motion to move the item forward. There was no second.
Council Member Manzo expressed his concern with limiting oral communication time for members of the public and made a motion to adjust the oral communication times to three minutes for regular oral communication, two minutes if a consent item is pulled, two minutes for regular business items and three minutes for public hearing items.
MINUTES OF REGULAR MEETING JANUARY 11, 2023
Council Member Phan West suggested having an hour and fifteen minutes of oral communication time at the beginning of the meeting and additional time at the end of the meeting.
Council Member Ho supported Council Member Manzo' s idea for oral communication time.
Motion was made by Council Member Manzo, and seconded by Council Member Ho to adjust the oral communication times to three minutes for regular oral communication, two minutes if a consent item is pulled, two minutes for regular business items and three minutes for public hearing items and:
A. Introduce for first reading Ordinance No. 2599 entitled, " AN ORDINANCE OF
THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER,
CALIFORNIA, AMENDING SECTION 2. 04. 040 ( MEETINGS -
DISCUSSIONS - REFERRAL TO DEPARTMENTS) OF THE
WESTMINSTER MUNICIPAL CODE RELATIVE TO ORAL
COMMUNICATIONS AT COUNCIL MEETINGS," read by title only and waive further reading.
Mayor Nguyen supported reducing the time of oral communication from five minutes to three minutes.
City Attorney Bettenhausen noted that the public has the right to speak on each item before the City Council discusses the agenda item and noted that having oral communication late in the meeting can be problematic.
Council Member Manzo spoke regarding upholding democracy and finding a compromise.
Mayor Nguyen clarified that the public cannot pull items off the consent calendar, made a substitute motion to allow for one hour of in- person oral communication with fifteen minutes of comments over zoom with the ability to approve additional oral communication time by majority vote.
Council Member Ho left the dais at 11:50 p.m.
Discussion ensued regarding allotted time for oral communications for agendized and nonagendized items.
MINUTES OF REGULAR MEETING JANUARY 11, 2023
Mayor Nguyen explained that his idea would reduce the time for Oral Communications from five minutes to three minutes, for the first hour allow speakers in the chambers for agendized and nonagendized item(s) followed by 15 minutes for speakers on Zoom for agendized and nonagendized item( s), if there are additional speakers wishing to speak on agendized item( s) additional time will be allocated and for nonagendized items additional time will be allocated after City business.
City Manager Cordon noted the difficulty tracking public comment time with staff at the meeting and suggested that the City Council could take a certain amount of public speakers at a meeting instead of tracking the total time.
Council Member Ho returned to the dais at 11:58 p. m.
Mayor Nguyen made a substitute motion with City Manager' s recommendations.
Substitute motion was made by Mayor Nguyen, and seconded by Vice Mayor Nguyen to include the recommendations by the City Attorney and:
A. Reduce the time for Oral Communications from five minutes to three minutes and allow the first twenty-five public speakers at a meeting on non -agenda and agenda items and allow additional oral communication time after 10:00 p.m. for non -agenda items; and
B. Introduce for first reading Ordinance No. 2599 entitled, " AN ORDINANCE OF
THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER,
CALIFORNIA, AMENDING SECTION 2. 04. 040 ( MEETINGS -
DISCUSSIONS - REFERRAL TO DEPARTMENTS) OF THE
WESTMINSTER MUNICIPAL CODE RELATIVE TO ORAL
COMMUNICATIONS AT COUNCIL MEETINGS," read by title only and waive further reading.
EXTEND MEETING TIME PAST MIDNIGHT
Motion was made by Council Member Ho, and seconded by Council Member Phan West to extend past midnight until 1: 00 a. m., pursuant to City policy.
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN, N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Council Member Manzo asked what other cities do.
MINUTES OF REGULAR MEETING JANUARY 11, 2023
City Manager Cordon discussed procedures for neighboring cities with regards to public comment time.
CityAttorney Bettenhausen clarified that the substitute motion is allow the first twenty- five speakers shall be allowed to make public comments for agenda and non - agenda items, after the first twenty- five speakers have spoken, the City Council will continue to hear speakers for items on the agenda and speakers who are speaking remotely, people who desire to make comments on items not on the agenda shall be heard at the end of the meeting.
Discussion ensued regarding the different scenarios for oral communication.
Substitute motion was made by Mayor Nguyen, and seconded by Vice Mayor Nguyen to include the recommendations by the City Attorney and:
A. Reduce the time for Oral Communications from five minutes to three minutes; and
B. Introduce for first reading Ordinance No. 2599 entitled, " AN ORDINANCE OF
THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER,
CALIFORNIA, AMENDING SECTION 2. 04. 040 ( MEETINGS -
DISCUSSIONS - REFERRAL TO DEPARTMENTS) OF THE
WESTMINSTER MUNICIPAL CODE RELATIVE TO ORAL
COMMUNICATIONS AT COUNCIL MEETINGS," read by title only and waive further reading.
The substitute motion failed, 2-3, by the following roll call vote:
AYES: C. NGUYEN, N. NGUYEN
NOES: PHAN WEST, MANZO, HO
ABSENT: NONE
ABSTAIN: NONE
Original motion was made by Council Member Manzo, and seconded by Council Member Ho to adjust the oral communication times to three minutes for regular oral communication, two minutes if a consent item is pulled, two minutes for regular business items, two minutes for legislative items and three minutes for public hearing items and:
A. Introduce for first reading Ordinance No. 2599 entitled, " AN ORDINANCE OF
THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER,
CALIFORNIA, AMENDING SECTION 2. 04. 040 ( MEETINGS -
DISCUSSIONS - REFERRAL TO DEPARTMENTS) OF THE
WESTMINSTER MUNICIPAL CODE RELATIVE TO ORAL
COMMUNICATIONS AT COUNCIL MEETINGS," read by title only and waive further reading.
MINUTES OF REGULAR MEETING
The original motion failed, 2-3, by the following roll call vote:
AYES: MANZO, HO
NOES: PHAN WEST, C. NGUYEN, N. NGUYEN
ABSENT: NONE
ABSTAIN: NONE
JANUARY 11, 2023
Discussion ensued regarding the different scenarios for oral communication.
Motion was made by Council Member Phan West, and seconded by Vice Mayor Nguyen to:
A. Reduce the time for Oral Communications from five minutes to three minutes; and
B. Introduce for first reading Ordinance No. 2599 entitled, " AN ORDINANCE OF
THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER,
CALIFORNIA, AMENDING SECTION 2. 04. 040 ( MEETINGS -
DISCUSSIONS - REFERRAL TO DEPARTMENTS) OF THE
WESTMINSTER MUNICIPAL CODE RELATIVE TO ORAL
COMMUNICATIONS AT COUNCIL MEETINGS," read by title only and waive further reading.
The motion carried, 3-2, by the following roll call vote:
AYES: PHAN WEST, C. NGUYEN, N. NGUYEN
NOES: MANZO, HO
ABSENT: NONE
ABSTAIN: NONE
6. 4 Introduce and Conduct First Reading of Ordinances and Adopt Resolution Amending Various City Commissions, Boards, and Committees.
Council Member Manzo requested language in the ordinance that would suggest for relevant job experience for the Planning Commission.
Council Member Phan West expressed concern with requiring relevant job experience for a Commission and noted that only Westminster residents can be appointed to the Planning Commission.
City Manager Cordon noted that language can be included in the ordinance to state that relevant job experience is recommended by applicants and stated that staff can provide broader descriptions of the Commission when they recruit residents to apply.
MINUTES OF REGULAR MEETING JANUARY 11, 2023
City Attorney Bettenhausen requested to remove the language of " qualified elector" from the proposed ordinance.
Vice Mayor Nguyen requested to remove any reference to section 2.57 (Cultural Arts Commission) in Ordinance No. 2597 and the Quang Tri Monument Committee.
City Attorney Bettenhausen noted that the Quang Tri Monument Committee is not referenced in the ordinance and would have to be agendized for a future meeting.
Motion was made by Vice Mayor Nguyen, and seconded by Mayor Nguyen to:
A. Introduce Ordinance No. 2597 for first reading entitled, " AN
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
WESTMINSTER, CALIFORNIA, AMENDING THE WESTMINSTER
MUNICIPAL CODE TO ADD CHAPTER 2. 42 ( GENERAL RULES FOR
COMMISSION AND COMMITTEE APPOINTMENTS), AMENDING
CHAPTERS 2. 44 ( PLANNING COMMISSION), 2. 56 ( PARKS AND RECREATION COMMISSION), AND DELETING CHAPTER 2. 69, TO
UPDATE RULES GOVERNING CITY COMMISSIONS AND
COMMITTEES," read by title only and waive further reading and to delete any reference to Section 2.57 ( Cultural Arts Commission) and the language of " qualified elector" in the ordinance.
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN, N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Motion was made by Council Member Manzo, and seconded by Mayor Nguyen to:
B. Introduce Ordinance No. 2598 for first reading entitled, " AN
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
WESTMINSTER, CALIFORNIA, AMENDING TITLE 2
ADMINISTRATION AND PERSONNEL) OF THE WESTMINSTER
MUNICIPAL CODE TO ADD CHAPTER 2. 62 ( COMMISSION ON
AGING)," read by title only and waive further reading.
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN, N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
MINUTES OF REGULAR MEETING JANUARY 11, 2023
Motion was made by Mayor Nguyen, and seconded by Council Member Manzo to:
C. Adopt Resolution No. 5178 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, REVISING RESOLUTION NO. 4447 AMENDING THE STRUCTURE
OF MEMBERS FOR THE YOUTH COMMITTEE."
The motion carried, 5-0, by the following roll call vote AYES: C. NGUYEN, N. NGUYEN, PHAN WEST, MANZO, HO
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 Manzo thanked Community Services and Recreation Director Johnson for all her hard work and efforts, extended condolences to Police Chief Lenyi for the loss of his father, spoke regarding the traffic accident of a dent" of a three- year- old, and thanked Council for everything they do.
Council Member Ho extended condolences to Police Chief Lenyi for the loss of his father, thanked staff for their work on improving recruitment for police officers, thanked the Community Services staff for their hard work, discussed the upcoming grocery assistance program, discussed the upcoming TET Parade, Council Member Phan West thanked the City staff for working overtime for tonight's City Council meeting, stated that she' ll help assist with the grocery assistance program, encouraged anyone to meet with her if they need any assistance or want to express any concerns, wished everyone a happy new year.
Vice Mayor Nguyen thanked staff for staying late for tonight City Council meeting, extended condolences to Police Chief Lenyi for the loss of his father.
Mayor Nguyen extended condolences to Police Chief Lenyi for the loss of his father, welcomed the new City Council Members, noted that the City Council should work to promote the upcoming TET Parade and provide assistance for the grocery assistance program, thanked everyone for attending the meeting and voicing their opinions.
MINUTES OF REGULAR MEETING
9. COUNCIL ADJOURNMENT:
JANUARY 11, 2023
There being no further business to discuss, Mayor Nguyen adjourned the meeting on January 12, 2023, at 1:05 a.m.
Next Regular Meeting will be held Wednesday, January 25, 2023, at 7:00 p.m.
Respectfully submitted:
APPROVED:
CHI CHARLIE NGUYEN
Mayor
ATTEST:
Lucie Colombo, CMC, CPMC
Interim City Clerk