CITY COUNCIL WESTMINSTER, CALIFORNIA
MINUTES OF SPECIAL MEETING JUNE 7, 2023
The City Council of the City of Westminster, California, convened on June 7, 2023, at 2:00 p.m. in a Closed Session via In-Person, City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
CLOSED SESSION
2: 00 P. M.
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 2: 03 p. m., on Wednesday, June 7, 2023, via In- Person, at the City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
ROLL CALL
PRESENT: MAYOR CHI CHARLIE NGUYEN
VICE MAYOR, DISTRICT 4 NAMQUAN NGUYEN
COUNCIL MEMBER, DISTRICT 2 CARLOS MANZO
COUNCIL MEMBER, DISTRICT 3 KIMBERLY HO
ABSENT: COUNCIL MEMBER, DISTRICT 1 AMY PHAN WEST
City Clerk Arocho announced a quorum of the City Council.
STAFF PRESENT: Christine Cordon, City Manager
Adolfo Ozaeta, Assistant City Manager
Erin Backs, Finance Director
Jake Ngo, Public Works Director/ City Engineer
Jodie Griner, Human Resources and Risk Manager
Christian Bettenhausen, City Attorney
Ashton Arocho, City Clerk
Abigail Alcala, Assistant City Clerk
ORAL COMMUNICATIONS FOR CLOSED SESSION
City Clerk Arocho noted for the record that there were no members of the public present who wished to speak on Closed Session matters.
The City Council left the Council Chambers and entered Closed Session.
Council Member Phan West arrived in Closed Session at 2:10p.m.
RECESS: Mayor Nguyen recessed the meeting at 3: 04 p. m., from Closed Session.
CITY COUNCIL WESTMINSTER, CALIFORNIA
MINUTES OF SPECIAL MEETING JUNE 7, 2023
RECONVENE CITY COUNCIL MEETING: The City Council/ Successor Agency to the Westminster Redevelopment Agency meeting reconvened to Open Session June 7, 2023, at 3:00 p.m.
OPEN SESSION
3: 00 PM
Mayor Nguyen called the Meeting of the City Council/ Successor Agency to the Westminster Redevelopment Agency Meeting to order June 7, 2023, at 3:06 p.m. via In- Person, at the City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
ROLL CALL
PRESENT: MAYOR CHI CHARLIE NGUYEN
VICE MAYOR, DISTRICT 4 NAMQUAN NGUYEN
COUNCIL MEMBER, DISTRICT 1 AMY PHAN WEST
COUNCIL MEMBER, DISTRICT 2 CARLOS MANZO
COUNCIL MEMBER, DISTRICT 3 KIMBERLY HO
ABSENT: NONE
City Clerk Arocho announced a quorum, with all members present.
STAFF PRESENT: Christine Cordon, City Manager
Adolfo Ozaeta, Assistant City Manager
Erin Backs, Finance Director
Jake Ngo, Public Works Director/ City Engineer
Jodie Griner, Human Resources and Risk Management
Director
Christian Bettenhausen, City Attorney
Ashton R. Arocho, City Clerk
Abigail Y. Alcala, Assistant City Clerk
SALUTE TO FLAG
The Flag Salute was led by Council Member Phan West.
INVOCATION
The invocation was conducted by Mayor Nguyen.
CITY ATTORNEY/ CLOSED SESSION REPORT
City Attorney Bettenhausen noted that the Mayor and City Council met in Closed Session regarding the items listed on the agenda and took no reportable action.
CITY COUNCIL WESTMINSTER, CALIFORNIA
MINUTES OF SPECIAL MEETING JUNE 7, 2023
ORAL COMMUNICATIONS FOR MATTERS ONLY ON THE AGENDA
Mayor Nguyen reminded the public regarding Resolution No. 4953 related to decorum at meetings and process and rules for Oral Communication. Mayor Nguyen also reminded the public that communications shall only be for items listed on the agenda.
1. Joseph Ngo spoke on Agenda Item No. 2, regarding banner size regulations and requirements for fees.
2. Kathy Buchoz, representing Bridgecreek Realty, the applicant for Agenda Item 2 and commented on her availability should questions arise from the City Council.
3. Chad Wanke spoke on Agenda Item No. 3 and commented on different options of revenue the City can obtain.
4. Terry Rains spoke in support of Agenda Item No. 2 and spoke on Agenda Item No. 3, asking the City Council to be prepared to discuss budget and spoke on requests made regarding the staff report submitted by staff.
2. Special Event Permit Application from Asian Garden Mall to Hold Night Market Event Series Each Friday through Sunday from June 16, 2023, through September 3, 2023, at Asian Garden Mall, 9200 Bolsa Avenue.
Assistant City Manager Ozaeta provided the staff report and outlined the background of the event.
Community Services Director Johnson discussed the conditions required for the special event permit, similar to the temporary use permit, and insurance requirements.
Staff informed the Council that the applicant is in the audience for questions.
Mayor Nguyen commented on the high participation of the event in past years and asked staff if there have been any formal complaints made due to the event.
Assistant City Manager Ozaeta confirmed that staff has yet to receive any formal complaints on the event in past years. Additionally, he mentioned that the traffic and layout have been enhanced over the past few years which is signed off by Orange County Fire Authority and the Orange County Health Department.
Mayor Nguyen asked staff to make sure that the applicant is compliant with city requirements.
Council Member Phan West asked for the applicant to come forward and speak on the event to provide a more thorough background.
CITY COUNCIL WESTMINSTER, CALIFORNIA
MINUTES OF SPECIAL MEETING JUNE 7, 2023
Kathy Buchoz, representing Bridgecreek Realty, spoke on the history of the night market, returning vendors each year, high attendance, on- site security, video footage from surveillance cameras from nearby businesses, vendors required to have seller permits and be affiliated with a restaurant in town, city issued business licenses for each vendor, health permits through the county and active partnership with the health department for compliance.
Council Member Phan West asked what method of payments the vendors utilize and if the organization requires them to utilize credit card payments so the city can collect the associated fees.
Applicant Buchoz stated that the organization does not limit the vendors on how to collect payments and voiced that majority are cash or check payments.
City Attorney Bettenhausen commented that the method of payment could be controlled by the landlord/ lease term.
Mayor Nguyen asked Council Member Phan West if the method of payment is a required point of discussion for the report before her and the Council for recommendation.
Council Member Phan West asked applicant Buchoz to suggest to the vendors for credit card payments on transactions.
Council Member Manzo asked staff what the difference is between a Temporary Use Permit and a Special Event Permit.
Assistant City Manager Ozaeta clarified, with the assistance of Community Services Director Johnson.
Council Member Manzo asked for further clarification that staff will begin to annually bring this item before Council, due to new requirements of it being a Special Event Permit and no longer a Temporary Use Permit.
Council Member Ho asked staff to reconfirm that there have not been any written complaints due to this event in the past.
Community Services Director Johnson confirmed that there has been no written or formal complaints and that it is written in the conditions that the applicant must notify the surrounding neighbors of the event prior to the event to eliminate any complaints.
Council Member Ho asked for the business closing times and when the event begins set up for the evening markets.
CITY COUNCIL WESTMINSTER, CALIFORNIA
MINUTES OF SPECIAL MEETING JUNE 7, 2023
Applicant Buchoz provided in detail that the businesses close prior to the event start time, but the event set- up time begins prior to the business closure.
Council Member Ho commented that the public looks forward to this event yearly.
Vice Mayor Nguyen reviewed the Temporary Use Permit, raised his concerns on the noise, and suggested changing the event time from 8-10pm to alleviate the noise disturbance in the neighborhood.
Discussion ensued regarding noise concerns, regulations of noise levels, banner conditions and restrictions, concerns regarding banner permit, and temporary fencing approvals.
Motion was made by Mayor Nguyen, second by Council Member Manzo, to call the question.
Prior to the roll call vote, Council Member Phan West continued comments regarding the item. City Attorney Bettenhausen interjected and clarified the requirement to immediately stop discussion when a call the question is motioned.
The motion carried, 4- 1, by the following vote:
AYES: C. NGUYEN, N. NGUYEN, MANZO, HO
NOES: PHAN WEST
ABSTAIN: NONE
ABSENT: NONE
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to approve the Special Event Permit, subject to conditions.
Prior to the roll call vote, Council Member Phan West highlighted her concerns regarding the inaccuracy of the approved application related to the fencing at the event.
Council Member Manzo commented on Council Member Phan West' s concerns.
The motion carried, 5-0, by the following vote:
AYES: C. NGUYEN, N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Mayor Nguyen noted that two of the Council Member' s needed to excuse themselves from the meeting and recommended that Agenda Item No. 3 be pushed to a future meeting date.
CITY COUNCIL WESTMINSTER, CALIFORNIA
MINUTES OF SPECIAL MEETING JUNE 7, 2023
Council Member Manzo asked if the item could continue to be heard, due to a quorum.
Vice Mayor Nguyen commented about proposed end time for meeting and scheduling conflict.
Mayor Nguyen commented on the importance of full City Council participation for the budget item and directed staff to reschedule the item to a future agenda date.
THE FOLLOWING ITEM WAS PUSHED TO A FUTURE MEETING DATE
3. Fiscal Year 2023- 24 Proposed Budget.
RECOMMENDATION: Provide direction only. No action.
4. COUNCIL ADJOURNMENT
Mayor Nguyen adjourned the Special City Council Meeting at 4:09 p.m.
The next Regular City Council Meeting will be held Wednesday, June 14, 2023, at 6:00 p.m.
Respectfully submitted:
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City Clerk
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Mayor
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Ashton R. Arocho, MC
City Clerk