CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
The City Council of the City of Westminster, California convened on April 26, 2023, at 6: 00 p. m. via In- Person, City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
CONVENE CITY COUNCIL MEETING: The City Council/ Successor Agency to the Westminster Redevelopment Agency meeting convened to Open Session at 6:00 p.m.
REGULAR MEETING
6: 00 PM
Mayor Nguyen called the Regular Meeting of the City Council/Successor Agency to the Westminster Redevelopment Agency Meeting to order at 6:20 p.m. via In-Person, at the City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
ROLL CALL
PRESENT: MAYOR CHI CHARLIE NGUYEN
VICE MAYOR NAMQUAN NGUYEN, DISTRICT 4
COUNCIL MEMBER AMY PHAN WEST, DISTRICT 1
COUNCIL MEMBER CARLOS MANZO, DISTRICT 2
COUNCIL MEMBER KIMBERLY HO, DISTRICT 3
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
Public Works Director/ City Engineer Jake Ngo
Deputy Police Chief Darin Upstill
Assistant City Clerk Abigail Y. Alcala
Senior Planner Chris Wong
Housing Specialist Michael Son
Police Commander Ron Weber
Police Commander Alan Iwashita
Homeless Liaison Officer Roland Perez
Sergeant at Arms Claire Tran
Fire Battalion Chief Craig Covey
SALUTE TO THE FLAG
The Flag Salute was led by Council Member Manzo.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
INVOCATION
The Invocation was conducted by Council Member Phan West.
CITY ATTORNEY/ CLOSED SESSION REPORT
City Attorney Bettenhausen stated there were no items on closed session. Nothing to report.
EX PARTE COMMUNICATIONS
There were no Ex Parte Communications to be presented at this time.
REPORT FROM CITY CLERK
Interim City Clerk Colombo announced openings on the City' s boards, commissions, and committees.
CITY MANAGER REPORT
City Manager Cordon made various announcements regarding the following matters:
Defer Agenda Item Nos. 5. 1 through 5.3 to a future meeting.
Withdraw Agenda Item No. 5. 4.
Request to move Agenda Item No. 6.3 following Public Hearing.
On April 1st, the Westminster Police Department proudly represented the City and its residence in the Baker2Vegas running event. This relay race started in Baker, California and continued through the desert to Las Vegas, Nevada with no breaks.
There were 20 stages to the race and each team had 20 runners and support staff from their respective police departments. Over 8, 000 law- enforcement professionals participate in this once a year law enforcement race. Your Westminster Police team finished the 120- mile desert course in 20 hours and 1 minute. Please help me congratulate our Baker2Vegas running team.
The Westminster Police Officers Association in collaboration with the Westminster Police Department has created a green patch to recognize the month of May as Mental Health Awareness month. The mental health community uses green, because it signifies new life, new growth, and new beginnings. The Westminster Police Department' s sworn personnel can wear green patches and professional staff can wear a green ribbon in May to help raise public awareness of mental health disorders and to acknowledge the historic tragic loss of two of our officers to suicide.
In conjunction with the green patches, a wall within the Police Department will be dedicated for this cause and to the officers whose lives were ended by suicide.
The City will be hosting its annual Black April Event in remembrance of the Fall of Saigon on April 30th at Sid Goldstein Freedom Park. Members of the public are welcomed to attend and the event will include remarks from elected officials and a moment of silence.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
The Senior Center will be hosting a Mother's Day Luncheon on Thursday, May 11th, in front of the Senior Center. Enjoy the uplifting sounds and energy of Mr.
Tony Odell Rogers during a refreshing spring themed lunch with friends, mothers, and fellow members of the Senior Center.
WFRC Free Mommy and Me Classes
Moms with babies 12-18 months are welcomed to join free Mommy and Me classes at the Family Resource Center. This is a 4-week series on Fridays in May.
It's a great opportunity to learn age-appropriate activities to stimulate your baby's mental and physical development. Meet other families and have fun in a creative group environment.
New Employees
Welcomed newest employee: Jean Passignano, Crossing Guard Announced Interim City Clerk Colombo' s last meeting and thanked her for all her hard work and efforts.
Westminster School District kicked off Safe Routes to School program.
REQUEST TO DEFER AGENDA ITEM NOs. 5. 1 through 5. 3, WITHDRAW AGENDA ITEM NO. 5. 4, AND MOVE AGENDA ITEM NO. 6. 3 OUT- OF- ORDER Motion was made by Mayor Nguyen, seconded by Council Member Ho, to defer Agenda Item Nos. 5. 1, through 5. 3, withdraw Agenda Item No 5. 4, and move Agenda Item No. 6.3 out of order and immediately following the Public Hearing.
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
1. SPECIAL PRESENTATIONS
A. Certificate of Recognition to Community Engagement Advisory Committee.
Mayor Nguyen recognized the Community Engagement Advisory Committee.
The Committee Members thanked the City Council for their support and spoke regarding the Westminster Family Resource Center.
Council Member Manzo thanked the Committee for all their hard work and efforts.
Council Member Phan West and Council Member Ho echoed previous comments.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
B. Proclamation to DMV/ Donate Life Month April 2023.
Mayor Nguyen proclaimed the month of April 2023 as DMV/ Donate Life Month.
Council Member Phan West thanked those who are current organ donors and encouraged community members to consider becoming organ donors.
One Legacy and Donate Life representative spoke regarding the importance of being an organ donor and thanked the City Council for the honor.
C. Proclamation to Child Abuse Prevention Month April 2023.
Mayor Nguyen proclaimed the month of April 2023 as Child Abuse Prevention Month.
Westminster Family Resource Center Supervisor Nunes thanked the Mayor and City Council for their recognition and support.
Council Member Phan West thanked staff for leading this charge.
D. Proclamation Black April - April 30, 2023.
Mayor Nguyen proclaimed April 30, 2023, as Black April.
No representatives were in attendance to receive the proclamation.
2. ORAL COMMUNICATIONS
Mayor Nguyen read Resolution No. 4963 regarding the Rules of Decorum policy.
1. Lace Wright spoke in favor and support of Agenda Item No. 7. 1.
2. Tim Hogan spoke regarding a phone call received related to a survey bringing a casino into the City and the negative impact it would have on the City.
3. Michael Verrengia congratulated City Manager Cordon on receiving the Certificate of Recognition from Senator Nguyen, questioned the investigation of the Liberty Park sale, echoed previous comments regarding phone calls regarding a card club, spoke regarding Vice Mayor Nguyen' s negative action on his YouTube channel, and spoke in opposition of AB 93 Agenda Item No. 6. 1).
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
4. Sharon Nicholas thanked Community Services Director Johnson and staff for their hard work and spoke in support of Agenda Item No. 7. 1.
5. Angelique Tran spoke in support of Agenda Item No. 7. 1.
6. Jackie Bong Wright spoke in support of Agenda Item No. 7. 1 and requested the City Council approve the plaque.
7. Tuan Vu spoke regarding his story to freedom and in support of Agenda Item No. 7. 1.
8. Ly Nguyen expressed betrayal from City Council Members to constituents and negative behavior at recent protest.
Mayor Nguyen left the dais at 7:21 p.m.
9. Victoria Cooper spoke regarding filing a lawsuit against the City, asked City Hall, City Council and the Police Department to do better to protect the residents, and spoke regarding communism within the City.
Mayor Nguyen returned to the dais at 7:24 p.m.
10. Camilla Overbeek asked for the statistics to be corrected and updated on Agenda Item No. 3. 4.
11. Tony Bui expressed concerns regarding the City' s stability and spoke regarding Council Member Ho' s comments on social media.
Mayor Nguyen reminded the public attending of the decorum policy and asked all to respect and follow the rules.
12. Terry Rains expressed concern regarding City Council Member' s behavior during the last City Council meeting and the continuance of strategic plan items, spoke regarding Agenda Item No. 5.4 and was informed there are no County funds for the request, asked for clarification on language used in the staff report for Agenda Item No. 5. 5, and suggested to adopt Urban Forest Management Plan, and changes to Agenda Item No. 5. 6. She spoke regarding Agenda Item No. 6. 1 and Agenda Item No. 6.3 and spoke in favor of Agenda Item No. 7. 1, but suggested the plaque size be reduced.
13. Minh Hoa Thi Vu spoke regarding the Grand Opening of Bolsa Row and the plans for the Westminster Mall, asked the City Council to focus on city business, spoke regarding positive interactions with the Police Department and potholes being repaired, and closed by asking for oral communication time allotment to be increased to 5 minutes per speaker.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
14. Tina Tapia expressed concerns regarding the City Council members and asked that they be investigated, claimed she is a victim of sexual and verbal assault from the Westminster School District and stated there is no help or support to protect abused and assaulted victims.
Mayor Nguyen left the dais at 7:42 p.m.
Mayor Nguyen returned to the dais at 7:43 p.m.
15. Paul Hoang spoke regarding suicide statistics and asked the City Council to work with and educate young teens to address suicide prevention.
16. Khai Dao, Viet Media, spoke regarding an ordinance discussed by the City Council that prohibits profanity at City Council meetings and asked the City Council to refrain from doing favors.
Council Member Manzo reminded the public of their opportunity to speak by completing a green speaker card and providing it to the Interim City Clerk.
17. David Duong, President of Vietnamese American Business Association VABA), clarified VABA allegations and spoke regarding his story leaving Vietnam.
18. Teresa Hoang provided additional clarification on VABA allegations from previous speakers, explained how Covid- 19 affected Vietnamese businesses, spoke regarding the division and asked all to work and come together, received, but noted that they were still honored for being recognized by the City.
Council Member Phan West spoke regarding the return of the certificate.
City Attorney Bettenhausen reminded the City Council to maintain brief comments and to not violate the Brown Act, as this item is not listed on the agenda.
Council Member Manzo responded to Council Member Phan West' s comments.
Discussion ensued regarding comments made and not violating the Brown Act.
Council Member Ho asked for clarification on brief comments and statements made by City Attorney Bettenhausen and requested fairness to all Council Members.
City Attorney Bettenhausen stated that if discussion continues, his recommendation is placing the item on the agenda for further discussion.
Mayor Nguyen responded to the representatives from VABA stating that a majority of the City Council approved the certificate and the award is not to be rescinded.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
Council Member Ho thanked VABA for their attendance.
19. David Huang returned the Certificate of Recognition and stated he would accept the recognition when all Council Members agreed on approval.
Council Member Manzo spoke regarding division within the Vietnamese Community and wanting to move the City forward.
Council Member Phan West left the dais at 8:09 p.m.
Council Member Phan West returned to the dais at 8: 11 p.m.
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 date( s) listed below:
A. February 8, 2023 - Regular Meeting ( Closed Session and Regular Session); and
B. April 12, 2023 - Regular Meeting ( Canceled).
WARRANT REGISTER
3. 2 City Council and Successor Agency Warrant Registers dated March 30, 2023 through April 19, 2023.
ACTION: The Mayor and City Council received and filed this report.
REPORTS
3. 3 Treasurer' s Report for March 2023.
ACTION: The Mayor and City Council received and filed this report.
PROCLAMATION
3. 4 THIS AGENDA ITEM WAS PULLED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION ( SEE END OF CONSENT CALENDAR).
END OF CONSENT CALENDAR
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
Motion was made by Mayor Nguyen, seconded by Vice Mayor Nguyen, to approve the Consent Calendar, as amended, except Agenda Item No. 3. 4 ( pulled for separate discussion).
Vice Mayor Nguyen left the dais at 8: 11 p. m.
The motion carried, 4-0-1-0, by the following roll call vote:
AYES: C. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: N. NGUYEN
ABSTAIN: NONE
AGENDA ITEMS PULLED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION.
PROCLAMATION
3. 4 Approval of Proclamation( s).
Mayor Nguyen noted that due to Interim City Clerk Colombo' s final week with the organization, he would like to move to approve the proclamations and present Proclamation B.
City Manager Cordon commented on language included on Item A and read into the record the requested revisions to be made to the approved proclamation.
Council Member Manzo asked when Proclamation A will be presented and City Manager Cordon responded.
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to approve the following proclamation( s):
A. Proclamation - Sexual Assault Awareness and Prevention Month; and B. Proclamation - 54th Annual Professional Municipal Clerks Week; and C. Proclamation - Asian American Pacific Islander Heritage Month; and D. Proclamation - Mental Health Awareness Month; and
E. Proclamation - Public Service Recognition Week.
Vice Mayor Nguyen returned to the dais at 8: 12 p.m.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
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
Immediately following the approval of the item, the Mayor and City Council presented a proclamation to the City Clerk' s Office on behalf of the 54th Annual Professional Municipal Clerks Week.
Following recognition, City Manager Cordon recognized the City Clerk's Office for all their hard work and commitment to the community and organization.
Vice Mayor Nguyen left the dais at 8:30 p.m.
Vice Mayor Nguyen returned to the dais at 8:31 p. m.
4. PUBLIC HEARING( S)
4. 1 Public Hearing and Resolution to Determine and Declare a Public Nuisance and Conduct Weed Abatement for Spring 2023.
Public Works Director Ngo provided the staff report.
Mayor Nguyen left the dais at 8:34 p.m.
Council Member Manzo asked for clarification on maintenance of the list of vacant properties and the process of reporting vacant properties by departments.
Public Works Director Ngo clarified that the list for this item is specifically for vacant lots.
Mayor Nguyen returned to the dais at 8:35 p.m.
Council Member Phan West questioned the administrative fee.
Public Works Director Ngo responded.
Council Member Ho thanked staff for the report and commented on unresponsive property owners.
Public Works Director Ngo commented on the process of notifying property owners and ensuring accurate information.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
MAYOR NGUYEN OPENED THE PUBLIC HEARING.
MAYOR NGUYEN ASKED IF THERE WERE ANY SPEAKERS WISHING TO SPEAK IN FAVOR OR IN OPPOSITION TO THE ITEM.
1. Terry Rains questioned why only vacant properties are included in abatement as many occupied residents should be included and cited, spoke on past weed abatement hearings, and raised concerns on limited resources to expand further enforcement.
THERE BEING NO ADDITIONAL SPEAKERS, MAYOR NGUYEN CLOSED THE PUBLIC HEARING.
Motion was made by Council Member Manzo, seconded by Mayor Nguyen to:
A. Overrule any objections received at the subject Public Hearing for the abatement of the weeds; and
B. Adopt Resolution No. 5196, " A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
DETERMINING AND DECLARING THAT CERTAIN WEEDS ARE
GROWING UPON CERTAIN STREETS, SIDEWALKS, PARKWAYS, AND
PRIVATE PROPERTY IN THE CITY OF WESTMINSTER, AND RUBBISH
AND REFUSE HAVE BEEN DEPOSITED UPON SIDEWALKS,
PARKWAYS AND PRIVATE PROPERTY IN THE CITY, AND THAT THE SAME ARE A PUBLIC NUISANCE; ORDERING AND DIRECTING THE
CITY MANAGER TO HAVE SAID WEEDS DESTROYED AND TO HAVE
RUBBISH AND REFUSE REMOVED AS REQUIRED BY LAW."
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. 2 Public Hearing - Fiscal Year 2019- 2020 Annual Action Plan Amendment No. 7 Substantial).
Housing Specialist Son provided the staff report.
Council Member Phan West commented on rental assistance.
Housing Specialist Son responded and outlined the program.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
Council Member Manzo questioned the motel vouchers for those experiencing homelessness.
Housing Specialist Son clarified that said vouchers are provided through the County and explained the purpose of the vouchers.
Discussion ensued regarding affects from the pandemic and the current outreach team.
Council Member Ho requested clarification on the deadline to spend funds.
Discussion ensued regarding the requirements to spend funds by a specific deadline, allocation of funds and further identifying programs and expenses approved for funding.
Vice Mayor Nguyen asked for a break down on how the monies were spent.
Housing Specialist Son stated that majority of the funding went to rental assistance due to the pandemic.
MAYOR NGUYEN OPENED THE PUBLIC HEARING.
MAYOR NGUYEN ASKED IF THERE WERE ANY SPEAKERS WISHING TO SPEAK IN FAVOR OR IN OPPOSITION TO THE ITEM.
1. Terry Rains spoke in favor of the item and highlighted the incorrect publication date of the newspaper posting outlined in the staff report.
THERE BEING NO ADDITIONAL SPEAKERS, MAYOR NGUYEN CLOSED THE PUBLIC HEARING.
Council Member Phan West shared a success story within District 1 regarding relocating an individual experiencing homelessness.
Council Member Manzo thanked Housing Specialist Son for a great report and leading the program to success.
Council Member Phan West shared a success story within District 1 regarding relocating an individual experiencing homelessness.
Council Member Manzo thanked Housing Specialist Son for a great report and leading the program to success.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to:
A. Approve Amendment No. 7 ( Substantial) to the FY 2019- 2020 Annual Action Plan; and
B. Authorize City staff to electronically transmit the amended components of the FY 2019- 2020 Annual Action Plan to the U.S. Department of Housing and Urban Development ( HUD) for review and approval.
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 left the dais at 8:59 p.m.
4. 3 Public Hearing - Case No. 2022- 0298 Consider a General Plan Land Use Map Amendment.
Senior Planner Wong provided the staff report.
Council Member Manzo returned to the dais at 9:02 p.m.
Council Member Manzo asked for clarification whether the City Council can control what a property owners can do if the General Plan Land ( GPL) is not approved.
Senior Planner Wong responded with current practice of staff.
Council Member Ho asked for clarification from staff on delay in the amendment being brought forward to the City Council.
Discussion ensued regarding the timeline for this process, requirement to notify tribes, proposed developments, and the environmental assessment.
Vice Mayor Nguyen questioned zoning requirements and approval of the land.
City Attorney Bettenhausen responded.
MAYOR NGUYEN OPENED THE PUBLIC HEARING.
MAYOR NGUYEN ASKED IF THERE WERE ANY SPEAKERS WISHING TO SPEAK IN FAVOR OR IN OPPOSITION TO THE ITEM.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
1. James Pugh, Applicant, provided a brief presentation on the background of the land use and outlined that he would be available for questions of the City Council, following public comment.
Council Member Phan West left the dais at 9:14 p.m.
2. Terry Rains commented on an incorrect APN within the staff report, requested verification from staff on the correct APN, spoke on land use, potential monument addition, and spoke in favor of this item to be approved.
Council Member Manzo addressed the applicant in the audience regarding weed abatement.
THERE BEING NO ADDITIONAL SPEAKERS, MAYOR NGUYEN CLOSED THE PUBLIC HEARING.
Council Member Phan West returned to the dais at 9:15p.m.
Council Member Phan West commented on appreciation for uniformity.
Council Member Manzo commented on appreciation of the item before the City Council and asked staff to ensure that all APN' s are correct.
Council Member Ho commented on excitement to see the project moving forward.
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to adopt Resolution No. 5197 entitled, " A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, APPROVING A
GENERAL PLAN LAND USE MAP AMENDMENT TO RE- DESIGNATE A PORTION APPROXIMATELY 17. 3 ACRES) OF THE APPROXIMATELY 156- ACRE WESTMINSTER MEMORIAL PARK AND MORTUARY SITE FROM ` PARK/ OPEN SPACE' TO ` PUBLIC/ SEMI- PUBLIC FACILITIES' ON PROPERTY LOCATED at 14800 HOOVER STREET ( ASSESSOR' S PARCEL NUMBER 096- 191- 17)." 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 COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
4. 4 Public Hearing - Adoption of Final Fiscal Year 2023- 2024 Annual Action Plan for Community Development Block Grant ( CDBG) and HOME Investment Partnerships Act ( HOME) Program Federal Funds.
Housing Specialist Son provided the staff report.
Council Member Phan West questioned the neighborhood pride code, asked what type of programs are in place to assist the public to remain compliant with the code and questioned financial assistance to renters.
Housing Specialist Son responded.
Council Member Manzo questioned the required allocation of funds.
Vice Mayor Nguyen left the dais at 9:25 p.m.
Council Member Phan West left the dais at 9:25 p.m.
Vice Mayor Nguyen returned to the dais at 9:26 p.m.
Council Member Phan West returned to the dais at 9:27 p.m.
MAYOR NGUYEN OPENED THE PUBLIC HEARING.
MAYOR NGUYEN ASKED IF THERE WERE ANY SPEAKERS WISHING TO SPEAK IN FAVOR OR IN OPPOSITION TO THE ITEM.
1. Terry Rains commented on the allocation of funds for affordable housing projects and lack of transparency within the staff report.
THERE BEING NO ADDITIONAL SPEAKERS, MAYOR NGUYEN CLOSED THE PUBLIC HEARING.
Motion was made by Council Member Manzo, seconded by Council Member Phan West, to:
A. Approve the Final FY 2023- 2024 Annual Action Plan; and B.
Authorize the City Manager to execute the documents required for submission of CDBG and HOME funding approval to the United States Department of Housing and Urban Development ( HUD) for review and approval.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
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
REQUEST TO MOVE AGENDA ITEMS OUT- OF ORDER
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to move Agenda Item No. 7. 1 prior to Agenda Item 6. 3.
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
AGENDA ITEM( S) TAKEN OUT- OF- ORDER
7. COMMISSION AND COMMITTEE ITEMS
7. 1 Consideration of a Request to Install a Plaque at Sid Goldstein Freedom Park.
Mayor Nguyen thanked the Parks and Recreation Commission for their recommendation for the approval of this plaque and thanked staff for the detailed staff report provided.
City Attorney Bettenhausen clarified that the City Council would need to provide staff with direction on the location for the plaque.
City Manager Cordon noted for the record that a staff presentation is available.
Community Services Director Johnson provided the staff report.
Mayor Nguyen left the dais at 9: 37 p. m.
Council Member Manzo asked for the measurements of the seams near the proposed plaque location.
Public Works Director Ngo responded.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
Discussion ensued regarding the process to add the plaque, maintenance of current monument, partnership with the architect and donor, and missing piece within current monument.
Mayor Nguyen returned to the dais at 9:39 p.m.
Staff recommended Option 4.
Council Member Phan West commented on staff' s recommendation, additional options, and spoke in support of Option 4.
Council Member Ho spoke in support of Option 4.
Vice Mayor Nguyen thanked staff for their hard work on this item.
Council Member Ho requested the size of the donor plaque versus proposed size.
Public Works Director Ngo responded.
Motion was made by Mayor Nguyen, seconded by Council Member Ho, to install a plaque at Sid Goldstein Freedom Park to honor Captain Paul Jacobs and approve Option 4.
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
EXTEND THE MEETING PAST 10: 00 P. M.
Motion was made by Mayor Nguyen, seconded by Council Member Phan West, to extend the meeting past 10: 00 p. 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
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
AGENDA ITEM( S) TAKEN OUT- OF- ORDER
6. 3 Consideration of an Ordinance Establishing a Sidewalk Vendor Regulatory Scheme and a Parallel Regulatory Scheme for the Sale of Goods from Vehicles.
Assistant City Attorney Miyahira and Senior Administrative Anaylst Salz provided the staff report.
Council Member Phan West left the dais at 9:55 p.m.
Council Member Phan West returned to the dais at 9:57 p.m.
Mayor Nguyen asked for clarification on regulations, safety concerns and size of equipment.
Assistant City Manager Ozaeta stated that questions will be answered within the second portion of the presentation. Staff continued with their presentation.
Mayor Nguyen left the dais at 10:19 p.m.
Mayor Nguyen thanked staff for the detailed staff report and presentation, and asked for clarification on local control of street vendor restrictions, safety concerns regarding street parking, and limit of street vendors.
Discussion ensued regarding location of street vendors on roadways, high rise in traffic collisions, limited police resources, upcoming proposed local roadway safety plan, speed limit regulations, restriction of allowed vendors per jurisdiction, distance between sidewalk vendors, and limited hours of operation.
Council Member Phan West commented on restrictions of potential lemonade stands if ordinance is passed and requested that the ordinance be amended to allow this type of activity to continue.
City Manager Cordon provided background of other cities practices and the leniency of allowing a lemonade stand.
City Attorney Bettenhausen provided language to be included in the ordinance, per Council Member Phan West' s request.
City Manager Cordon commented on other fundraising activities that might need to be called out within the ordinance, such as bake sales.
Discussion ensued regarding lemonade stands and fundraising opportunities.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
Mayor Nguyen returned to the dais at 10:26 p.m.
City Attorney Bettenhausen stated that if the City Council would like to make that amendment, the exception to allow for such activity could be included in the Ordinance.
Council Member Manzo asked for clarification on the proposed amendment.
Assistant City Attorney Miyahira responded.
Council Member Manzo suggested to allow staff to do additional research and bring the item back at a future meeting.
Council Member Ho commented on the lack of regulations and local control on this item.
Vice Mayor Nguyen commented on lack of local control and suggested staff to do additional research, amend the ordinance, and bring the item back at a future meeting.
Council Member Phan West recommended reducing the size of the cart and asked for clarification of speed limit reduction for sidewalk vendors.
Assistant City Manager Ozaeta responded with common practice and restrictions.
Mayor Nguyen commented on the proposed revisions and staff' s recommendation.
Assistant City Attorney Miyahira recommended the City Council to provide direction to staff on the requested revisions to the Ordinance and bring back for first reading at the next meeting date.
City Manager Cordon clarified that if the City Council makes no substantial changes to the ordinance, the City Council could move forward with first reading. If the City Council would like to make substantial changes, the agenda item would need to be brought back for first reading at the next meeting date.
Motion was made by Mayor Nguyen, seconded by Council Member Ho, to adopt an ordinance establishing regulatory schemes for sidewalk vendors and sale of goods from vehicles, and introduce for first reading Ordinance No. 2601 entitled, " AN
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
WESTMINSTER, CALIFORNIA, ADDING CHAPTER 8. 06 TO TITLE 8 ( HEALTH &
SAFETY) OF THE WESTMINSTER MUNICIPAL CODE ESTABLISHING A
SIDEWALK VENDING REGULATORY SCHEME, REPEALING CHAPTER
10. 44. 120 ( PEDDLERS & VENDORS) TO TITLE 10 ( VEHICLES & TRAFFIC) AND ADDING CHAPTER 10. 45 ( SALES OF GOODS FROM VEHICLES) TO TITLE 10
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
VEHICLES & TRAFFIC) AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT," read by title only and waive further reading.
Prior to the roll call vote, Council Member Manzo asked for further clarification regarding residential sidewalks and restrictions for vendors in residential neighborhoods.
Substitute Motion was made by Council Member Phan West, seconded by Vice Mayor Nguyen to allow staff time to revise the Ordinance, allowing lemonade stand and fundraising activities, reduce the speed limit near street vendors and for staff to bring the item back for the first reading at a future meeting date.
Discussion ensued regarding the motions on the table.
Vice Mayor Nguyen asked Council Member Phan West to amend her substitute motion as follows: approve the first reading and reduce the speed limit from 45 mph to 35 mph.
Amended substitute motion was made by Council Member Phan West, seconded by Vice Mayor Nguyen, to adopt an ordinance establishing regulatory schemes for sidewalk vendors and sale of goods from vehicles, as amended to reduce the speed limit from 45 mph to 35 mph in Section 10 ( 10. 45040( d)( 6)), and introduce for first reading Ordinance No. 2601 entitled, " AN ORDINANCE OF THE
MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, ADDING CHAPTER 8. 06 TO TITLE 8 ( HEALTH & SAFETY) OF THE
WESTMINSTER MUNICIPAL CODE ESTABLISHING A SIDEWALK VENDING REGULATORY SCHEME, REPEALING CHAPTER 10. 44. 120 ( PEDDLERS & VENDORS) TO TITLE 10 ( VEHICLES & TRAFFIC) AND ADDING CHAPTER 10. 45 SALES OF GOODS FROM VEHICLES) TO TITLE 10 ( VEHICLES & TRAFFIC) AND
FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT," read by title only and waive further reading.
The amended motion carried, 4- 1, by the following roll call vote:
AYES: C. NGUYEN, N. NGUYEN, PHAN WEST, MANZO
NOES: HO
ABSENT: NONE
ABSTAIN: NONE
5. REGULAR BUSINESS
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
AGENDA ITEM DEFERRED
5. 1 Continued from April 5, 2023 Adjourned Regular Meeting - Strategic Plan Goal 1 - Achieve Financial Stability.
Strategic Plan Objective: Present to the City Council ideas for improving traffic and parking conditions in Little Saigon, including information on a parking structure.
RECOMMENDATION: Staff recommends that the Mayor and City Council provide direction and receive and file this report.
AGENDA ITEM DEFERRED
5. 2 Continued from April 5, 2023, Adjourned Regular Meeting - Strategic Plan Goal 2 - Develop and Implement Specific Plans for Little Saigon, the Downtown District, and the West Side.
Strategic Plan Objective: Provide the City Council with an update on the City' s recently adopted Zoning Code - Phase A and the status of the City' s ongoing Zoning Code Update - Phase B, including an overview of the project schedule.
RECOMMENDATION: Staff recommends that the Mayor and City Council provide direction and receive and file this report.
AGENDA ITEM DEFERRED
5. 3 Continued from April 5, 2023 Adjourned Regular Meeting - Strategic Plan Goal 4 - Improve Customer Service Delivery to the Community.
Strategic Plan Objective: Present to the City Council an Update Regarding the Use and Effectiveness of EnerGov and How to Make Improvements.
RECOMMENDATION: Staff recommends that the Mayor and City Council receive and file the Tyler Technologies - EnerGov system assessment submitted by the contracted information technology SDI consultant.
AGENDA ITEM WITHDRAWN
5. 4 Request to the County of Orange for Air Purifiers to Promote Improved Air Quality Conditions for Senior Residents.
RECOMMENDATION: Staff recommends that the Mayor and City Council consider the request to send a letter to the County of Orange for air purifiers and provide direction to send a letter of request.
Prior to the Agenda Item No. 5. 5, Council Member Phan West requested for Agenda Item Nos. 6. 1 and 6. 2 to be moved prior to Agenda Item No. 5. 5.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
Mayor Nguyen commented on the items remaining and noted that Council Member Phan West can make the motion to move items out of order.
Council Member Phan West rescinded her request.
5. 5 Discussion to Develop Requirements for Trash Cans at Shopping Centers and Trees on Residential and Commercial Properties.
This item was requested by Vice Mayor Nguyen, seconded by Council Member Phan West.
Vice Mayor Nguyen provided a brief overview of the presented item.
City Manager Cordon commented on the staff time for research and preparation for the proposed Ordinance.
Vice Mayor Nguyen commented on the desire to clean up the city and trees to beautify the city.
Council Member Phan West echoed comments made by Vice Mayor Nguyen and highlighted the need for trash cans in the plaza.
Discussion ensued related to code enforcement and placement of trash cans.
Council Member Phan West left the dais at 11:11 p.m.
Council Member Manzo commented on the lack of consistency of vacuum trucks within shopping centers, street sweeping neglect, and the responsibilities of the property owners.
Council Member Phan West returned to the dais at 11:12 p. m.
Motion was made by Mayor Nguyen, seconded by Council Member Phan West, to give direction to staff to develop the requirements and return to Council at a later date.
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 COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
5. 6 Continued from March 22, 2023 Regular Meeting — Formation of a Westminster Nonprofit Community Foundation.
Council Member Phan West highlighted the importance of the non- profit.
Mayor Nguyen left the dais at 11:17 p.m.
Council Member Manzo spoke in support of implementing a foundation, stating it is a common practice in other cities and raised concerns of city dynamics and the need for continued success for the non- profit.
Mayor Nguyen returned to the dais at 11:19 p.m.
Council Member Ho commented on the amount of work that will need to go into the non- profit and expressed concerns that this will turn political.
Vice Mayor Nguyen commented on repeated discussion.
Motion was made by Vice Mayor Nguyen, seconded by Council Member Phan West to Proposed name of Westminster Community Foundation, the stated purpose of the foundation is to promote the City, support its events as well as to enhance the quality of life of its residents and community through its local philanthropy and community service, initial board of directors of 11 members with each Council Member appointing two ( 2) members, with the Mayor selecting three ( 3) members for a rotated two- year term.
City Attorney Bettenhausen noted for the record that there is not a clear recommendation on the staff report and staff is looking for direction from the City Council.
The suggested items within the staff report were read out loud for the record:
1. Proposed name: Westminster Community Foundation
2. Mission Purpose: As proposed
3. 11 Member Board: Each Council Member appointing two ( 2) members, with the Mayor appointing three ( 3) members for a staggered two- year term.
Mayor Nguyen responded to Council Member Manzo and Council Member Ho' s comments.
Council Member Phan West requested Vice Mayor Nguyen to amend his motion to direct staff to bring the item back within a one ( 1) month period and for each Council Member to be ready to present their appointments.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
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An Amended Motion was made by Vice Mayor Nguyen, seconded by Council Member Phan West, directing staff to add the appointment to the Foundation to an upcoming agenda ( one- month out).
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. LEGISLATIVE ITEMS
6. 1
Consider Adoption of a Resolution to Oppose Assembly Bill 93 Concerning Police Consensual Searches.
This item was requested by Council Member Phan West and seconded by Vice Mayor Nguyen.
City Attorney Bettenhausen provided a brief staff report.
Council Member Phan West commented on the opposition of AB 93.
Council Member Manzo questioned the involvement of the City in State legislation and expressed concern regarding the language used on the letter coming from an individual Council Member and not the entire City Council.
Council Member Ho commented on grandstanding and expressed concern regarding the proposed letter signature block.
Vice Mayor Nguyen commended Council Member Phan West for bringing this item forward to the City Council and outlining a solution for the city to implement.
Mayor Nguyen commented on City Council interactions with State legislation, recent attendance at legislation summit, and commented on funding and proposed resolution.
Discussion ensued regarding the proposed resolution.
Motion was made by Council Member Phan West, seconded by Vice Mayor Nguyen, to adopt Resolution No. 5198 opposing Assembly Bill 93 concerning police consensual searches, and provide direction regarding adoption of a Resolution entitled, " A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
WESTMINSTER, CALIFORNIA, OPPOSING ASSEMBLY BILL 93 CONCERNING POLICE CONSENSUAL SEARCHES."
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 Resolution to Designate May 11 Annually as Vietnam Human Rights Day.
This item was requested by Mayor Nguyen, seconded by Vice Mayor Nguyen.
Mayor Nguyen provided a brief background on the request.
A short video was played from the recent California State Assembly meeting with Representative Ta outlining the importance of this day.
Motion was made by Mayor Nguyen, seconded by Council Member Phan West to approve the request to designate May
11th
annually as Vietnam Human Rights Day
and to adopt a Resolution entitled, " A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, DESIGNATING MAY 11th ANNUALLY AS VIETNAM HUMAN RIGHTS DAY."
Prior to a roll call vote, Council Member Phan West asked Mayor Nguyen to amend his motion to approve the item as presented with the addition of sending the letter to the Governor, Congressional Representative, Vietnamese/ China Committee in Congress, and the Vietnam Embassy.
Mayor Nguyen agreed to amend his motion.
Amended Motion was made by Mayor Nguyen, seconded by Council Member Phan West, to approve the request to designate May 11 annually as Vietnam Human Rights Day and adopt Resolution No. 5199 entitled, " A RESOLUTION OF THE
MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, DESIGNATE MAY 11 ANNUALLY AS VIETNAM HUMAN RIGHTS DAY" with the amendment that a letter be sent to the elected officials as mentioned by Council Member Phan West.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
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 Ho left the dais at 11:56 p.m.
Council Member Ho returned to the dais at 11:58 p.m.
6. 3 THIS AGENDA ITEM WAS MOVED OUT- OF- ORDER ( FOLLOWING COMMISSION AND COMMITTEE ITEM 7. 1).
7. COMMISSION AND COMMITTEE ITEMS
7. 1 THIS AGENDA ITEM WAS MOVED OUT- OF- ORDER ( FOLLOWING PUBLIC
HEARING)
8. COMMENTS FROM CITY COUNCIL/ AGENCY MEMBERS ( Including AB 1234 Report when required)
Council Member Phan West thanked City staff for their hard work in moving the City forward, commented on recent recognition of Sexual Assault Awareness month, thanked the public for their participation during oral communications, and announced open office hours.
Council Member Manzo congratulated the Police Department for a successful Baker2Vegas run, thanked Interim City Clerk Colombo for her dedication to the community, and City Clerk' s Office staff for their dedication and hard work, and commented on upcoming community events.
Council Member Ho thanked Interim City Clerk Colombo for her dedication to the community and City Clerk' s Office staff for their dedication and hard work, recognized the final weeks of Black April, and commented on upcoming celebrations.
Vice Mayor Nguyen extended his condolences to the family of Police Officer Dejong for their recent loss and reported on recent attendance at the CAL Cities Leader Summit.
Mayor Nguyen reported on recent attendance at the CAL Cities Leader Summit, recent tour of OCFA facilities, and commented on recent attendance of the Mayoral transition ceremony at the City of Cypress and the Safe Route to Schools meeting with Vice Mayor Nguyen and Council Member Phan West. He concluded his comments with commenting on upcoming community events.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 26, 2023
MINUTES OF REGULAR MEETING
Following comments, Mayor Nguyen addressed Council Member Ho on false comments made.
9. COUNCIL ADJOURNMENT:
There being no further business to discuss, Mayor Nguyen adjourned the meeting in memory of Alex Dejong at 12:23 a.m.
Next Regular Meeting will be held Wednesday, May 10, 2023, at 6:00 p.m.
Respectfully submitted:
any Imirez
Administrative Assistant
APPROVED:
f
Chi [ faille Nt', -
Mayor
ATTEST:
s ton R. * rocho, MMC
City Clerk