CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY MAY 24, 2023
MINUTES OF SPECIAL AND REGULAR
MEETINGS
The City Council of the City of Westminster, Californiaconvenedon May 24, 2023, at 4:00 p.m. in a SpecialMeetingStudySessionvia In-Person, CityCouncilChambers, 8200 Westminster Boulevard, Westminster, California.
STUDY SESSION
4: 00 P. M.
CALL TO ORDER
Mayor Nguyencalled the SpecialMeetingStudy Sessionof the City Council/Successor Agencyto the WestminsterRedevelopmentAgency Meetingto order at 4:07 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
City Clerk Arocho announced a quorum with all members present.
STAFF PRESENT: City Manager Christine Cordon
City Attorney Christian Bettenhausen
Assistant City Manager Adolfo Ozaeta
City Clerk Ashton R. Arocho
Assistant City Clerk Abigail Y. Alcala
Finance Director Erin Backs
Community Services Director Vanessa Johnson
Police Chief Darin Lenyi
Human Resources and Risk Management Director Jodie Griner Public Works Director/ City Engineer Jake Ngo
SALUTE TO THE FLAG
The Flag Salute was led by Mayor Nguyen.
INVOCATION
The Invocation was conducted by City Attorney Bettenhausen.
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
Immediately following invocation, Mayor Nguyen welcomed City Clerk Arocho to her first Study Session meeting with the city.
ORAL COMMUNICATIONS FOR STUDY SESSION MATTERS
1. Terry Rains spoke regarding concerns of the City's financials and requested a more detailed report to be presented.
STUDY SESSION
1. Fiscal Year 2023- 24 Proposed Budget
City Manager Cordon opened the item with a quick overview of what is being presented to the City Council.
Finance Director Backs provided a thorough presentation regarding the one- year budget with two versions ( status quo budget and supplemental budget).
Vice Mayor Nguyen left the dais at 4:21 p. m.
Vice Mayor Nguyen returned to the dais at 4: 23 p. m.
Council Member Manzo asked staff to highlight the most critical positions from the proposed list.
Mayor Nguyen left the dais at 4:35 p.m.
Mayor Nguyen returned to the dais at 4:36 p.m.
City Manager Cordon provided detail on the requested positions, while Finance Director Backs discussed cost savings from vacant positions.
Police Chief Lenyi spoke on benefits for the community when having a Crime Prevention Expert.
Council Member Manzo asked on revenue from the firing range, along with the maintenance, and cost for repair of the Rose Center.
Council Member Phan West commented on promotion to generate additional revenue from the Rose Center.
Discussion ensued regarding the Rose Center, current contract and revenue.
Council Member Ho commented on support of proposed staffing positions but highlighted loss of revenue, fixed costs, unassigned fund balances, and fiscal impacts.
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
Vice Mayor Nguyen left the dais at 5:05 p.m.
MayorNguyenaskedfor clarificationregardingthe numberof budgetstudysessions.
In response, City ManagerCordonconfirmedthat the total numberof studysessions is at the discretion of the City Council.
Vice Mayor Nguyen returned to the dais at 5:07 p.m.
Vice Mayor Nguyen asked for clarification on future projections and tax.
City Manager Cordon and City Attorney Bettenhausen provided comments and feedback related to sales tax purposes and Transaction & Use Tax ( TUT).
Discussion ensued regarding deficit, additional sales tax, unaccounted for funds, water funds, andthe contractwithWAGSupfor discussionon the RegularMeetingagenda.
Council Member Phan West commented on the position of an Economic Development Manager and requested a Study Session for the Rose Center catering contract.
City Manager Cordon touched on the recruitment and hiring process for the Economic Development Manager position, along with current agreements in place for the Rose Center.
Council Member Manzo asked for more information regarding an increase of an additional 0. 5% tax, parking fees for the Civic Center and proposed staff positions.
City Attorney Bettenhausen stated that a sales tax increase would typically go on the ballot during a General Election.
Assistant City Manager Ozaeta commented on the parking fee and the fee study.
CouncilMemberHospokein regardto supportof a RecordsCoordinatorandPlanning Technician due to the workload on current staff.
ADJOURNMENT: Mayor Nguyen adjourned the Study Session Meeting at 5:50 p.m.
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
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CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY MAY 24, 2023
MINUTES OF SPECIAL AND REGULAR
MEETINGS
The Regular Meeting of the City Council of the City of Westminster, California convened on May 24, 2023, at 6:00 p.m. in a Regular Meeting, via In-Person, City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
REGULAR MEETING
6: 00 PM
Mayor Nguyencalled the RegularMeetingof the City Council/SuccessorAgency to the WestminsterRedevelopmentAgencyMeetingto orderat6:07 p.m. via In-Person, atthe 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
City Clerk Arocho announced a quorum with all members present.
STAFF PRESENT: City Manager Christine Cordon
City Attorney Christian Bettenhausen
Assistant City Manager Adolfo Ozaeta
City Clerk Ashton R. Arocho
Finance Director Erin Backs
Community Services Director Vanessa Johnson
Police Chief Darin Lenyi
Human Resources and Risk Management Director Jodie
Griner
Public Works Director/ City Engineer Jake Ngo
Police Business Manager Mavic Hizon
Assistant City Clerk Abigail Y. Alcala
Administrative Assistant II Tanya Ramirez
Police Commander Ron Weber
Homeless Liaison Officer Roland Perez
Sergeant at Arms Claire Tran
SALUTE TO THE FLAG
The Flag Salute was led by Vice Mayor Nguyen.
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
INVOCATION
The Invocation was conducted by Council Member Phan West.
Immediately following the invocation, Mayor Nguyen introduced City Clerk Arocho and welcomed her to the Westminster team.
City Clerk Arocho thanked the Mayor and City Council, staff and the community for the warm welcome.
CITY ATTORNEY/ CLOSED SESSION REPORT
No Closed Session Meeting was held. No report.
EX PARTE COMMUNICATIONS
There were no Ex Parte Communications to be presented at this time.
REPORT FROM CITY CLERK
City Clerk Arocho stated there was nothing to report at this time.
CITY MANAGER REPORT
City Manager Cordon made various announcements regarding the following matters:
Law Enforcement Torch Run for Special Olympics:
On June 9, 2023, the Westminster Police Department, City Hall staff, OCFA and interested members of City Council will participate in the annual Law Enforcement Torch Run for Special Olympics. Over 97, 000 law enforcement members carry the Flame of Hope" annually. The flame symbolizes courage and the celebration of diversity, uniting communities around the globe. The Law Enforcement Torch Run is changing the future for people with intellectual disabilities by lighting the way for acceptance and inclusion. Law Enforcement carry the Torch throughout Southern California until its final destination in Long Beach, California.
Be Well' s Mobile Services:
The Be Well team is expected to train on the streets of Westminster beginning June 1, 2023. Members of the Be Well team will attend the Council meeting on June 14, 2023, to be introduced to the City Council and the community and to answer any questions concerning operations.
Congratulating Officer Montgomery on his effort to combat vehicle theft in Westminster:
Over the past 2 years, Officer Montgomery has had a significant impact on auto theft in the City of Westminster. In 2021, Officer Montgomery recovered a total of 35
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
stolen vehicles ( 6 occupied / 29 unoccupied), resulting in 8 arrests and a total recovery value of$ 461, 492.
In 2022, Officer Montgomery again recovered a total of 35 stolen vehicles ( 7 occupied, 28 unoccupied), resulting in 7 arrests for a total recovery value of 312, 800. Officer Montgomery's outstanding effort has earned him the Annual Auto Theft Advisory Commission - Vehicle Theft Recovery Officer of the Year Award, two years in a row. It shouldalso be noted, he has been one of the "TOP 5 Recovery Officers" for the past two years in all of Orange County. This is a coveted award that is well- recognized by the Auto Dealerships Association and the State Department of Insurance.
The City would like to commend Officer Montgomery on his effort to combat vehicle theft in Westminster. He is making a tremendous impact on this serious issue, and he continuesto representWestminsterPoliceDepartmentin a positiveway.
WPD 5-day journey of riding from Sacramento to Westminster:
On May 20, 2023, riders and support personnel from the Westminster Police Department began their five-day journey of riding 630 miles from the Peace Officers Memorial in Sacramento, California, to the Peace Officers Memorial in Westminster.
The riders endured many challenges along the way, including elevation gains, temperature changes, traffic, and road conditions. This task cannot be accomplished without the aid of support personnel. The support staff position is critical to the riders' mission as they provide navigation assistance, shield riders from traffic during mechanical break downs, prep meals, and ensure riders stay hydrated.
On May 24, 2023, at approximately 2:30 PM, the riders and support staff returned to Westminster. They entered the civic center through the small parking area between city hall and the police building, where they dismounted their bikes and walked to the Peace Officer' s Memorial in front of WPD. The riders and support staff gathered inside the WPD memorial for a moment of silence to remember those who have paid the ultimate sacrifice. All the participants participated in the ride on their own time and at their own expense. They all share the same mission, to ensure that nobody forgets the sacrifices made by those men and women who have laid down their lives while protecting the communities in which they work.
Splash Pad Opening Day:
Opening weekend at the very popular Splash Pad at Sigler Park started Saturday, May 27th, stop by, check out the fun new features including a captain's wheel, a huge ship anchor, friendly fishes, and cool sea serpents! The Splash Pad will be open to the public from 12-5 p.m. on weekends through June 11th and then daily beginning June 17th.
Senior Center Father' s Day Luncheon:
Join the Senior Center as we honor the men in our lives at our Father's Day Luncheon on Thursday, June 15th from 11: 30 a. m. — 1 p. m. There will be live entertainment by
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
George Rossi and a menu featuring cheeseburgers and other favorites. Tickets are just $ 3. Please call the Senior Center to purchase tickets at 714. 895. 2878.
New Employees:
Welcome our newest employee:
Miguel Carrillo, Crossing Guard
Receipt of Award of Excellence for Westminster Mall Specific Plan Westminster received the 2023 Award of Excellence for Economic Planning and Development from the Orange County Chapter of the American Planning Association for the Westminster Mall Specific Plan. Initiated by the City in 2018 as an implementation action from the 2016 General Plan, the specific plan reimagines the high- profile 100- acre Westminster Mall site from a traditional indoor mall to a vibrant, mixed- use destination and activity center for the community.
Mayor Nguyen introduced Orange County First District Supervisor Andrew Do and welcomed him to the podium for some words.
Supervisor Do spoke highly of the City' s BeWell Program and introduced a project through the Supervisor' s Office for a proposed gateway on Bolsa and State.
Mayor Nguyen directed the City Manager to work with the Supervisor' s Office on this project and to present to the City Council at the appropriate time.
Council Member Manzo commented on potentially using municipal lighting funds to assist with this project.
In closing, Supervisor Do also mentioned that his office would like to work with the City to ensure that Little Saigon becomes a Historical Designation.
1. SPECIAL PRESENTATIONS — NONE.
2. ORAL COMMUNICATIONS
Mayor Nguyen reminded the public regarding Resolution No. 4953 related to decorum at meetings and process and rules for Oral Communication.
1. Chris McCarver, Branded Cities, spoke in support of Agenda Item No. 5. 3 and requested that his company be taken into consideration for the project.
2. Danny Meza spoke regarding homeless concerns on Dorothy Lane, spoke in opposition of Agenda Item No. 6. 2, and expressed concern regarding Council Member Phan West' s responses on social media platforms.
Following Mr. Meza' s comments, Council Member Phan West responded.
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
3. Cortney Dorney, WAGS, spoke on the increase in WAGS services and impact to the community.
4. Victoria Kim Cooper spoke regarding Orange County First District Supervisor Do and communism.
Vice Mayor Nguyen left the dais at 6:54 p.m.
5. Michael Verrengia expressed concern regarding the formation of the Community Foundation ( Agenda Item No. 5. 2), requested the City Council to approve the WAGS contract ( Agenda Item No. 5. 4), and asked for clarification regarding the impact of Title 42 on the City of Westminster ( Agenda Item No. 6.2).
6. Jazz Cannon spoke regarding the current environment in Afghanistan.
7. Robert Kemner thanked the City Council for their support for those currently in Afghanistan.
8. Mark Newgent spoke regarding the current environment in Afghanistan and thanked the City Council for their support.
9. Hung Van Nguyen, Chairman of the Coalition of Vietnam Veterans, spoke on Agenda Item No. 3. 6.
Vice Mayor Nguyen returned to the dais at 7:07 p.m.
10. Terry Rains highlighted and praised the most recent Public Works event, commented on Agenda Item No. 3.7, expressed concerns regarding the Foundation appointment process ( Agenda Item No. 5. 2), spoke on the revenue source from the RFP ( Agenda Item No. 5. 3), and spoke in support of the WAGS contract ( Agenda Item No. 5. 4).
Rains spoke in opposition of Agenda Item No. 6. 1 and Agenda Item No. 6. 2.
11.Jessica Lostaunau requested the City Council to refrain from approving a Resolution related to Title 42 ( Agenda Item No. 6. 2).
12. Khai Dao started his comments noting that he' ll be more respectful in his comments made, mentioned his support and unity with the communities in Afghanistan and Ukraine, commented on his passion for things that he doesn' t agree with when it comes to the City and City Council, and suggested that the City Council pass an ordinance to remove oral communications. Continued with comments regarding the parking structure at Little Saigon and turning the city into an International Tourist destination.
Mayor Nguyen left the dais at 7:16 p. m.
13. Ly Nguyen commented on the privacy of Closed Session matters.
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
Mayor Nguyen returned to the dais at 7:20 p.m.
14.Tony Bui congratulated the City for the receipt of the Award of Excellence for Westminster Mall Specific Plan, spoke regarding expediting City work and requested Council Member Ho to resign.
Mayor Nguyen thanked those who expressed their concerns and voiced their comments.
Following some of the comments, Mayor Nguyen asked staff to clarify the information stated regarding the parking structure at Little Saigon.
Assistant City Manager Ozaeta spoke regarding the Specific Plan for the parking structure.
3. CONSENT CALENDAR
Mayor Nguyen requested Agenda Item No. 3. 2 be pulled from the Consent Calendar for a separate discussion.
3. 1 City Council and Successor Agency Warrant Registers dated May 4, 2023, through May 17, 2023.
ACTION: The Mayor and City Council received and filed the report.
3. 2 THIS AGENDA ITEM WAS MOVED FOR SEPARATE DISCUSSION. ( SEE END
OF CONSENT CALENDAR ITEMS)
3. 3 Treasurer' s Report for April 2023.
ACTION: The Mayor and City Council received and filed the report.
3. 4 Special Event Permit Application from the USS Kirk 1087 and Vietnamese American Community of Southern California to Hold a Plaque Unveiling Ceremony to Honor Captain Paul Jacobs on Sunday, July 2, 2023, at Sid Goldstein Freedom Park, 14180 All American Way.
ACTION: The Mayor and City Council approved the Special Event Permit, subject to conditions.
3. 5 Special Event Permit Application from Laura Rose Homes & Associates to Hold a Summer Movie in the Park Series on Saturday, July 8, 2023; Saturday, August 19, 2023; and Saturday, October 14, 2023; at Bolsa Chica Park, 13660 University St.
ACTION: The Mayor and City Council approved the Special Event Permit, subject to conditions.
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
3. 6 Special Event Permit Application from the Coalition of the Vietnam Veterans Association to Hold a Commemoration Ceremony on Saturday, June 17, 2023, at Sid Goldstein Freedom Park, 14180 All American Way.
ACTION: The Mayor and City Council approved the Special Event Permit, subject to conditions.
3. 7 Agreement for Prosecution Services by the District Attorney of Orange County in Fiscal Year 2022- 2023.
ACTION: The Mayor and City Council approved and authorized the Mayor to execute the Agreement for Prosecution Services between the City of Westminster and the County of Orange in an amount not to exceed $ 3, 000 in Fiscal Year 2022- 2023.
CONSENT CALENDAR — ALL ITEMS ( 3. 1- 3. 7)
Motion was made by Council Member Ho, seconded by Council Member Manzo, to approve the Consent Calendar, except Agenda Item No. 3.2 ( pulled for separate discussion).
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 PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION.
PROCLAMATIONS
3. 2 Approval of Proclamation( s).
Motion was made by Council Member Manzo, seconded by Council Member Phan West, to approve the following proclamation( s):
A. Proclamation — Massoud Day
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 SPECIAL AND REGULAR MEETINGS MAY 24, 2023
Following the motion, Mayor Nguyen and the City Council presented the proclamation to representatives from vets4nrf. org.
4. PUBLIC HEARING( S) — NONE.
5. REGULAR BUSINESS
5. 1 Continued from April 26, 2023, 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.
Council Member Phan West left the dais at 7:47 p. m.
Council Member Phan West returned to the dais at 7:47 p. m.
City Manager Cordon spoke on Energov.
Police Chief Lenyi spoke on Energov findings and introduced consultant, Jason Hennessey, to assist with questions of the Council.
Council Member Phan West asked on the feature enhancements.
Consultant Hennessey commented on enhancements, updates, and workflows within the software.
Council Member Manzo asked regarding alert systems within the software.
Consultant Hennessey commented on Energov' s newest version.
Vice Mayor Nguyen asked staff how long Energov has been used thus far.
City Manager Cordon commented that the item was originally taken to the City Council back in 2018 and took about two years to implement.
Vice Mayor Nguyen asked for compatibilities within the software.
Consultant Hennessey spoke to this and mentioned the software environment, production, and trainings.
Mayor Nguyen thanked Consultant Hennessey for improving in the system and increasing to full capacity utilization.
Assistant City Manager Ozaeta mentioned that this software is used by all departments.
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
Council Member Phan West spoke regarding end user functions and self-service portals.
Discussion ensued regarding the functionality, utilization, and user focus of Energov.
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to receive and file the Tyler Technologies — Energov System assessment submitted by the contracted information technology SDI consultant.
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. 2 City Council Appointments to Westminster Community Foundation.
Mayor Nguyen left the dais at 8: 10 p. m.
City Attorney Bettenhausen spoke regarding the formation of the Foundation.
Mayor Nguyen returned to the dais at 8: 12 p.m.
Council Member Phan West spoke regarding the purpose of the Foundation.
Council Member Manzo asked for clarification on City involvement of Foundation financials.
City Attorney Bettenhausen commented that the intention of the Foundation is for the Board Members to act independently from the City.
Council Member Manzo suggested the term start in July 2023 and proposed a few facilities for meeting locations.
Mayor Nguyen asked for clarification regarding the start date and terms of office.
Council Member Phan West commented in support with aligning the terms of office with the General Municipal Election years for the City, along with the opportunity for a new Council Member to not renew a term for a Foundation Board Member, should the Council Member who appointed them originally no longer be a seated Council Member, following an election.
City Attorney Bettenhausen clarified that it would be at the discretion of a new Council Member to replace a previously appointed Foundation Board Member.
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
Discussion ensued regarding terms and formation of the Foundation.
Motion was made by Council Member Phan West, seconded by Mayor Nguyen, to amend the terms as follows:
1.5-year term ending the first Council meeting in January 2025 and 2.5-year term ending the first Council meeting in January 2026, with the provision that when a Mayor/ Council Member who appointed a Foundation Board Member is no longer serving on the City Council ( following an election) that the newly seated Mayor/ Council Member would be able to reconsider the appointment of the Foundation Board Member, appointed by a former Mayor/ Council Member.
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
Discussion ensued regarding appointments. Appointments were taken one at a time, by Council Member and term.
City Clerk Arocho noted for the record that following the meeting, each Council Member will email the correct spelling and contact information for each appointment.
Term ending January 2025 ( 1.5-year term)
Mayor Nguyen — Duy Hong
Vice Mayor Nguyen — Dao Tran
Council Member Phan West— Theresa Nguyen
Council Member Manzo — Julie Diep
Council Member Ho — Annie Choi
Term ending January 2026 ( 2.5-year term)
Mayor Nguyen — Dominic Le
Mayor Nguyen — Thomas Tran
Vice Mayor Nguyen — Chau Lam Nguyen
Council Member Phan West— Jared Sichel
Council Member Manzo — David Johnson
Council Member Ho — Deferred to future meeting to make appointment Mayor Nguyen asked Council Member Ho if she would like to make her appointment, Annie Choi, for the 2. 5- year term. Council Member Ho stated for the record that she would like to appoint Annie Choi for the 2. 5- year term and will defer the appointment for the 1.5-year term to a future City Council meeting.
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
Motion was made by Council Member Manzo, seconded by Mayor Nguyen, to approve the appointments as follows:
Term ending January 2025 ( 1.5-year term)
Mayor— Duy Hong
Vice Mayor Nguyen — Dao Tran
Councilwoman Phan West — Theresa Nguyen
Council Member Manzo — Julie Diep
Council Member Ho — Deferred to make appointment at future City Council meeting Term ending January 2026 ( 2. 5- year term)
Mayor Nguyen — Dominic Le
Mayor Nguyen — Thomas Tran
Vice- Mayor Nguyen — Lam Chau
Councilwoman Phan West— Jared Sichel
Council Member Manzo — David Johnson
Council Member Ho — Annie Choi
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 Selection of Qualified Firm for the Use of City- Owned Real Property to Develop, Construct, Operate, and Maintain Electronic Billboards.
Mayor Nguyen left the dais at 8:41 p.m.
Assistant City Manager Ozaeta provided a thorough review of Strategic Plan # 1 to generate additional revenue, the RFP timeline, evaluation criteria, and the professionalism and high quality of work staff has witnessed from Branded Cities.
Mayor Nguyen returned to the dais at 8:45 p.m.
Senior Administrative Analyst Salz spoke regarding the recommended consultant, Branded Cities, proposal and financial highlights.
Mayor Nguyen left the dais at 8:53 p. m.
Senior Administrative Analyst Salz provided the City Council with an outline of next steps in the process.
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
Assistant City Manager Ozaeta noted that a representative from Branded Cities is available in the audience, should the City Council have any questions.
Council Member Phan West expressed concerns regarding of the RFP process and staff' s selection.
Assistant City Manager Ozaeta commented on the concerns and reiterated the process, which included an interview with four proposers.
Mayor Nguyen returned to the dais at 8:56 p.m.
Council Member Ho left the dais at 8:56 p. m.
Council Member Phan West requested to receive the names of the four proposers interviewed and spoke on high concerns of the selection process done by staff. Noted that there was little time to review the proposal and need for additional time to review, since Council was not involved in the RFP process.
Council Member Manzo asked for clarification on the appropriateness of a City Council Member being involved in the RFP and selection process.
Assistant City Manager Ozaeta commented on the comments made by the City Council and further explained the use of technical experts, professional findings, and expansion of footprint.
Council Member Manzo understood staff' s clarification and appreciated staff moving the City forward and away from unprofessional past practices that were not beneficial to the City.
Assistant City Manager Ozaeta noted that all the proposers had the opportunity to attend tonight' s meeting and speak under public communications, however, only the top ranked proposer attended.
Council Member Manzo asked for potential identified sites and clarification, which Assistant City Manager Ozaeta commented on.
City Attorney Bettenhausen noted for the record that this is not a final land use decision, as staff mentioned, and reiterated what staff is proposing the City Council to vote on.
Council Member Ho returned to the dais at 9:05 p.m.
Council Member Manzo asked for specifics on the proposed pole of the billboard, as shown in the attachment. Assistant City Manager Ozaeta identified that this is a rendering, and the design portion of the project would come back, following the decision to move forward with this proposer.
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
Discussion ensued regarding the presentation recommendation and RFP process that staff led.
Council Member Manzo asked staff to potentially bring back an item of interest regarding digital displays at bus shelters as a source of revenue for the City.
Mayor Nguyen had a few follow up questions following Council Member Manzo's comments and City Attorney Bettenhausen clarified.
City Manager Cordon spoke regarding the formality of the RFP process and what staff recommendation specifies.
Mayor Nguyen questioned staff' s recommendation.
Assistant City Manager Ozaeta answered Mayor' s questions and concerns.
Council Member Ho spoke in support of staff's recommendation and stated the City Council should not be involved in the vetting of the proposers and reiterated her trust in staff.
Vice Mayor Nguyen stated for the record that he originally pushed this idea forward but expressed concern regarding the RFP process and findings.
Discussion with staff proceeded regarding the evaluation process and staff time.
Vice Mayor Nguyen noted that the decision the City Council makes needs to be thought out, due to lack of understanding in decision making from past Council Members.
City Attorney Bettenhausen cautioned Vice Mayor Nguyen on speaking of things that are not disclosable at this time.
Mayor Nguyen left the dais at 9:35 p. m.
Council Member Phan West left the dais at 9:35 p.m.
Vice Mayor Nguyen closed his comments with requesting Council Member participation in the process and stated the staff report does not elaborate, in detail, why staff is recommending Branded Cities and what experience the consultant has with Caltrans.
Council Member Phan West returned to the dais at 9:37 p.m.
Mayor Nguyen returned to the dais at 9:38 p.m.
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
Motion was made by Vice Mayor Nguyen, to table the item for four months so that the City Council can receive additional information from staff regarding the process and submissions of proposals.
Mayor Nguyen spoke on staff' s diligent effort on the process to the benefit of the community and agency, however, is concerned of the City Council making a decision with limited information on the proposers.
Mayor Nguyen seconded the motion made by Vice Mayor Nguyen.
Council Member Phan West interjected with comments regarding transparency and requested the other proposers' proposals to be brought forward.
City Manager Cordon reiterated the transparency of the RFP process, along with the inappropriateness of having a Council Member involved in the vetting process.
Council Member Manzo discussed the initiation of this topic with former Council Members years ago and stated his confusion on why the City Council is not trusting staff with this process. He highlighted the previous budget Study Session and budget findings which this project can help be a revenue source.
Council Member Phan West responded to City Manager Cordon' s comments.
City Manager Cordon stated that the proposals are confidential until an award is made.
Mayor Nguyen stated that he would like to review the proposals that came in second and third, before making a confident decision at a future meeting date.
Council Member Ho spoke on the way that members of the City Council are treating staff and acknowledged that the new request appears to have an opportunity to review the other proposals, along with an understanding on how staff selected the RFP from Branded Cities. She recommended that staff bring the item back to the City Council during a Closed Session meeting to review the proposals.
City Attorney Bettenhausen commented on the fair and partial matter of the RFP process, staff recommendation based- off the process, and stated that the City Council' s request to review the proposals is a fair request, but it must be justified should the City Council go a different way. He stated that the proposal review could occur during an open meeting but some of the trade secrets and financials may be confidential and not able to be released in an open meeting.
Substitute motion was made by Council Member Ho, seconded by Council Member Manzo, to bring this item back to the City Council in a Closed Session meeting to review proposals.
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
Prior to the roll call vote, Vice Mayor Nguyen respondedto commentsmade by Council Member Manzo.
MayorNguyencommentedon beinguncomfortableon votingon somethingthat he doesn't have full context on and the responsibility of this decision to push this item is not due to staff' s inability. He outlined the two motions on the floor and asked Vice MayorNguyenif hecouldmodifythetimeframeof four monthsto somethingshorter.
Vice Mayor Nguyen made clear for the record that he could modify his motion to table the matter for two months.
The following motion was re-clarified for the record:
Substitute motion was made by Council Member Ho, seconded by Council Member Manzo, to bring this item back to the City Council in a Closed Session meeting to review proposals.
Council Member Phan West asked Council Member Ho if she would modify her motion to view the proposals in an open session.
Assistant City Manager Ozaeta noted for the record that he will be absent at the meeting of June 14, 2023.
Council Member Ho approved to amend her motion as follows:
Substitute motion was made by Council Member Ho, seconded by Council Member Manzo, to bring this item back on June 28, 2023, to the City Council in a Closed Session meeting to review proposals.
The substitute motion failed, 2-3, by the following roll call vote:
AYES: MANZO, HO
NOES: C. NGUYEN, N. NGUYEN, PHAN WEST
ABSENT: NONE
ABSTAIN: NONE
City Attorney Bettenhausen asked Vice Mayor Nguyen to clarify his original motion.
Discussion on the date to be brought back continued amongst the City Council.
An amended motion was made by Vice Mayor Nguyen, seconded by Mayor Nguyen, to table the item and have the item brought back for further discussion at the July 12, 2023, Regular City Council meeting.
The amended motion carried, 5-0, by the following roll call vote:
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
AYES: C. NGUYEN, N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5. 4 Approval of Amendment No. 1 to the Agreement for Animal Shelter Services in Fiscal Year 2023- 2024.
Mayor Nguyen expressed concern on the increase of the contract by 8%.
Michelle Russillo, WAGS President, spoke regarding the requested increased amount and cost due to higher demand in services.
Motion was made by Council Member Manzo, seconded by Mayor Nguyen, to:
A. Approve Amendment No. 1 to the Agreement for Animal Shelter Services with Westminster Adoption Group and Services ( WAGS), increasing its cost by 8% or 46, 464 in Fiscal Year 2023- 2024, bringing the total contract cost to $ 618, 684 and authorizing the City Manager or her designee to execute the amended agreement; and
B. Approve the first option year renewal of the Agreement taking effect on July 1, 2023; and
C. Approve the transfer of $ 46, 464 in Fiscal Year 2023- 2024 Adopted Budget from the Police Contractual Account to the Animal Control Contractual Account.
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 Council Member Manzo, seconded by Council Member Ho, 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
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
5. 5 Leasing of City Vehicles through Enterprise Fleet Leasing Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to authorize the continued leasing of City cars and trucks through " Enterprise Fleet Leasing" for a three- year contract in an amount not to exceed $ 749, 000 per year for Fiscal Year 2023- 24 through Fiscal Year 2024- 25.
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 First Reading of an Ordinance Exempting Certain Designated Activities by Minors from Sidewalk Vendor Regulatory Scheme ( Chapter 8.06) City Attorney Bettenhausen presented the report, with the assistance of Council Member Phan West.
Council Member Phan West requested that the following amendment be made to the Ordinance - Section 8.06.025 (a) to delete the following sentence: 'Any such activity shall not exceed one day per month'.
Council Member Phan West requested that her name be added onto the staff report under ` Requested By'.
Discussion ensued regarding such matter.
Motion was made by Mayor Nguyen, seconded by Vice Mayor Nguyen, to consider the first reading of amended (Section 8.06.025 (a) to delete the following sentence:
Any such activity shall not exceed one day per month) Ordinance No. 2602 entitled,
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, AMENDING CHAPTER 8. 06 ( SIDEWALK VENDING) To TITLE 8 ( HEALTH & SAFETY) OF THE WESTMINSTER MUNICIPAL CODE BY ADDING SECTION 8. 06. 025 ( EXCEPTIONS TO REQUIREMENTS OF
SIDEWALK VENDOR PERMIT), TO EXEMPT CERTAIN DESIGNATED ACTIVITES
BY MINORS FROM THE SIDEWALK VENDOR REGULATORY SCHEME, AND
FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT," read by title only and waive further reading.
City Clerk Arocho called for a roll call vote.
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
Council Member Phan West continued to discuss concerns regarding the `Requested By' language missing on the staff report.
Vote was not obtained, and discussion ensued.
Motion was made by Council Member Manzo, seconded by Council Member Ho, to call the question.
The motion carried, 4- 1, by the following roll call vote:
AYES: C. NGUYEN, N. NGUYEN, MANZO, HO
NOES: PHAN WEST
ABSENT: NONE
ABSTAIN: NONE
Prior to the motion, Mayor Nguyen directed City staff to bring an item back at a future meeting date regarding the `Requested By' language on staff reports.
Motion was made by Mayor Nguyen, seconded by Vice Mayor Nguyen, to consider the first reading of an amended ( Section 8.06.025( a) to delete the following sentence:
Any such activity shall not exceed one day per month') Ordinance No. 2602 entitled,
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, AMENDING CHAPTER 8. 06 ( SIDEWALK VENDING) To TITLE 8 ( HEALTH & SAFETY) OF THE WESTMINSTER MUNICIPAL CODE BY ADDING SECTION 8. 06. 025 ( EXCEPTIONS TO REQUIREMENTS OF
SIDEWALK VENDOR PERMIT), TO EXEMPT CERTAIN DESIGNATED ACTIVITES
BY MINORS FROM THE SIDEWALK VENDOR REGULATORY SCHEME, AND
FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT," 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 SPECIAL AND REGULAR MEETINGS MAY 24, 2023
6. 2 Resolution Urging Biden Administration to Reinstate Title 42 In an Effort to Extend Border Expulsion and Minimize the Humanitarian Crisis at the Border While Congress Works on Broader Immigration Reform.
Council Member Phan West presented this item.
Vice Mayor Nguyen left the dais at 10:42 p.m.
Council Member Ho left the dais at 10:42 p.m.
Vice Mayor Nguyen returned to the dais at 10:43 p.m.
Council Member Manzo commented in opposition of this item.
Motion was made by Council Member Phan West, secondedby Vice Mayor Nguyen, to adopt a Resolution No. 5201 entitled, A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, URGING BIDEN ADMINISTRATION TO REINSTATE TITLE 42 IN AN EFFORT TO EXTEND
BORDER EXPULSION OF MIGRANTS AND MINIMIZE THE HUMANITARIAN
CRISIS AT THE BORDER WHILE CONGRESS UNDERTAKES THE TASK OF BROADER IMMIGRATION REFORM," and authorize Councilwoman Phan West to send the attached cover letter with a copy of the Resolution.
The motion carried, 3- 0- 1- 1.
AYES: C. NGUYEN, N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: HO
ABSTAIN: MANZO
7. COMMISSION AND COMMITTEE ITEMS
There were no Commission and Committee Items to be presented at this time.
Council Member Ho returned to the dais at 10:57 p.m.
8. COMMENTS FROM CITY COUNCIL/ AGENCY MEMBERS ( Including AB 1234 Report when required)
CouncilMemberPhanWest reportedon recentattendanceof the OrangeCounty Mosquitoand Vector Control District Meetingand thanked staff for attendingthe meeting and for the public for participating.
Council Member Manzo highlighted recent Public Works event, Police Department' s Memorial Bike Ride, and thanked staff for all their hard work. He concluded his comments welcoming City Clerk Arocho.
MINUTES OF SPECIAL AND REGULAR MEETINGS MAY 24, 2023
Council Member Ho highlighted recent Public Works event, Police Department' s Memorial Bike Ride, and thanked the City Manager and Assistant City Manager for their hard work in moving the City forward.
Mayor Nguyen asked Council Member Ho if she would like to re-open the voting for Agenda Item No. 6. 2 as she was absent from the dais at the time of the vote and she declined. City Clerk Arocho noted for the record that the vote will remain with no amendments.
Vice Mayor Nguyen reported on recent attendance of a PCTA meeting, welcomed City Clerk Arocho, and thanked staff for their hard work.
Mayor Nguyen thanked staff for their hard work and for the public participating in the meeting. He highlighted recent PublicWorks event, congratulated City staff for recent receipt of the 2023 Award of Excellence for the Westminster Mall Specific Plan, and reported recent attendance of Legislative Days in Sacramento, CA.
9. COUNCIL ADJOURNMENT
There being no further business to discuss, Mayor Nguyen adjourned the meeting at 11:10 p.m.
Next Regular Meeting will be on held Wednesday, June 14, 2023, at 6:00 p.m.
Respectfully submitted:
ra
Ashton R. Arocho, MMC
City Clerk
APPROVED:
CHI CHARLIE 1 ell EN
MAYOR
ATTEST:
70nAtDel
Ashton R. roc o, MMC
City Clerk