CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY NOVEMBER 8, 2023
MINUTES OF REGULAR MEETING
CONVENE CITY COUNCIL MEETING: The City Council/ Successor Agency to the Westminster Redevelopment Agency meeting convened on Wednesday, November 8, 2023, to Open Session at 6:00 p.m.
REGULAR MEETING
6: 00 PM
CALL TO ORDER
Vice Mayor Nguyen called the Regular Meeting of the City Council/ Successor Agency to the Westminster Redevelopment Agency Meeting to order at 6: 05 p. m., on Wednesday, November 8, 2023, via In- Person, at the City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
ROLL CALL
PRESENT: VICE MAYOR NAMQUAN NGUYEN, DISTRICT 4
COUNCIL MEMBER PHAN WEST, DISTRICT 1
COUNCIL MEMBER CARLOS MANZO, DISTRICT 2
COUNCIL MEMBER KIMBERLY HO, DISTRICT 3
ABSENT: MAYOR CHI CHARLIE NGUYEN
City Clerk Arocho announced a quorum of the City Council present.
STAFF PRESENT: City Manager Christine Cordon
City Attorney Christian Bettenhausen
Assistant City Manager Adolfo Ozaeta
City Clerk Ashton Arocho
Finance Director Erin Backs
Police Chief Darin Lenyi
Human Resources and Risk Management Director Jodie
Griner
Public Works Director/ City Engineer Jake Ngo
Community Services Director Vanessa Johnson
Community Development Director Catherine Lin
Administrative Assistant Tanya Ramirez
Deputy Police Chief Ron Weber
Sergeant at Arms Stewart DeJong
Orange County Fire Authority Chief Craig Covey
SALUTE TO THE FLAG
Council Member Phan West led the flag salute.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY NOVEMBER 8, 2023
MINUTES OF REGULAR MEETING
INVOCATION
Council Member Ho conducted the invocation.
CITY ATTORNEY/ CLOSED SESSION REPORT
CityAttorney Bettenhausen noted that the City Council did not meet under Closed Session.
City Attorney Bettenhausen announced that the following item was identified after the agenda was posted and is being requested as a walk- on item ( amendment to Agenda Item No. 3. 3.) for City Council consideration. He also noted for the record that for the item to be walked on it would require a 2/ 3 Council vote ( Support), however, due to the absence of Mayor Nguyen, the item would require a unanimous vote in support.
Proposed Walk- On- Item ( see amendment in red):
3. 3 Approval of Proclamation
RECOMMENDATION: Staff recommends that the Vice Mayor and City Council approve the following proclamations:
A. Proclamation— Grand Jury Appreciation Month ( November 2023); and B. Proclamation— Vietnam Flag Reaffirmation Day( The Three Red Stripes Upon a Field of Gold).
Motion was made by Council Member Phan West, seconded by Vice Mayor Nguyen, to approve the walk on item ( amendment to Agenda Item No. 3. 3.).
The motion failed, 2-2- 1-0, by the following roll call vote:
AYES: N. NGUYEN, PHAN WEST
NOES: MANZO, HO
ABSENT: C. NGUYEN
ABSTAIN: NONE
City Clerk Arocho noted that since the motion failed, Agenda Item No. 3. 3 will be presented as posted on the agenda.
EX PARTE COMMUNICATIONS
There were no Ex Parte Communications to be presented at this time.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY NOVEMBER 8, 2023
MINUTES OF REGULAR MEETING
REPORT FROM CITY CLERK
City Clerk Arocho stated that staff requested Agenda Item No. 3.8 to be pulled from the Consent Calendar and heard as an Agenda Item No. 5. 2 ( Regular Business Item) due to the amount of the contract and reminded the public that the November 22 Regular City Council meeting has been cancelled.
CITY MANAGER REPORT
City Manager Cordon made the following announcements:
Police Records Appreciation Day:
November 8th is Police Records Appreciation Day. We would like to thank all the members of our WPD Records team. These dedicated members of the department process thousands of police report annually and assist members of the public at the front lobby with their police needs. Last year, Records staff processed almost 4, 000 court packages, answered thousands of phone calls and assisted thousands of citizens at the front counter.
Please help me recognize our Records personnel and the outstanding work they do.
Shop with a Cop:
Kudos to the WPD & Westminster Police Officer' s Association for once again teaming up with the Boys & Girls Club, Fountain Valley POA and Walmart to host the ' Shop with a Cop event.' This event is by invitation only and will occur in early December.
For those of you who are not familiar with this event, children in need are selected to participate in a shopping spree with members of the PD. Santa Claus is also escorted to this event by the WPD. The cost of this program is graciously covered by the POAs & Walmart.
Veteran' s Day Signs:
It' s not too late to pick up a " Proud Veteran" Sign! Stop by the Community Services and Recreation Building by Thursday, November 9, from 7am- 5:30pm to pick up a free sign! For more information, call 714- 895- 2860.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY NOVEMBER 8, 2023
MINUTES OF REGULAR MEETING
Upcoming Holiday Events:
Winteris comingand so are our holidayeventsaroundthe city! Markyour calendarsfor our fun and festive events:
Tree LightingCeremony: Monday, December4thfrom 5:30-7:30 p.m. in the Civic Center
Breakfast with Santa: Saturday, December
9th
from 9 a. m.- 10: 30 a. m. — this is a
ticketed event so be sure to register early to secure your spot! Santa on the Go:
o Friday, December 8thfrom 6-7:30 p.m. at Sigler Park
o Saturday, December
9th
from 10: 30 a. m. — 12:00 p.m. at Westminster Village
Park
o Saturday, December
16th
from 10: 30 a. m. — 12:00 p.m. at Coronet Park
o Saturday, December 16thfrom 1:30-3:00 p.m. at Westminster Park Visit our website for more details. And be sure to follow us on social media for all the latest news.
2024 Tet Parade:
Our upcoming Tet Parade will be taking place on Saturday, February 10th!We are currently seeking sponsors as well as parade participants! Applications are now available online at the city website. Apply today to secure your spot!
Upcoming Senior Center Luncheons:
Join us for our seasonal lunches featuring live entertainment.
Veteran' s Day Luncheon: Thursday, November
9th
from 11: 30 a. m. — 1:00 p.m. —
Free for Veterans!
Thanksgiving Luncheon: Thursday, November
15th
from 11: 30 a. m. — 1:00 p.m.
Tickets are $ 5. To purchase tickets, visit the Senior Center or call 714- 895- 2878 for more information.
1. SPECIAL PRESENTATIONS — None.
2. ORAL COMMUNICATIONS — AGENDA ITEMS
Thefollowingindividualsspokeunderoral communicationsregardingagendaitems:
1. Tammy Hammell spoke on the process and procedure of the Invocation and provided suggestions for improvement.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY NOVEMBER 8, 2023
MINUTES OF REGULAR MEETING
Council Member Phan West interjected on the speaker' s comments asking the City Attorney for clarification if the invocation can be addressed during this oral communication time.
City Attorney Bettenhausen confirmed that the invocation is listed as part of the agenda and that the public speaker can address that portion of the agenda at this time.
1. Tammy Hammell continued her comments regarding the process and procedure for the Invocation and provided suggestions for improvement.
2. Coni Kohan highlighted an error on the staff report for Agenda Item No. 7. 2 and raised concerns of the split time for oral communications ( Agenda Item Nos. 2 and 8).
3. Terry Rains thanked the City Council for recognizing the Orange County Grand Jury ( Agenda Item No. 3. 3), highlighted the communities support and engagement for Measure SS ( Agenda Item No. 3. 6), spoke on the needed beautification of the project area for residents ( Agenda Item No. 3. 8), recommended the appointment of John Gentile ( Agenda Item No. 5. 1), spoke on the recruitment for the committee ( Agenda Item No. 7. 2), spoke in opposition of the change in oral communications ( Agenda Item No. 8), spoke on the walk on item ( Proposed amendment to Agenda Item No. 3. 3).
Council Member Phan West interjected on the speaker' s comments asking the City Attorney for clarification if the speaker can address the walk- on- item as it was not listed on the agenda.
City Attorney Bettenhausen confirmed that since the walk on item is not on the agenda and the motion failed to add it to the agenda, the public can not speak on the item until later in the meeting during Oral Communications on Non-Agenda Items.
3. Terry Rains continued her comments and urged the City Council to adjourn the meeting in honor of Lieutenant Colonel Craig Mandeville, United States Army Agenda Item No. 10).
Immediately following the oral communications, Council Member Phan West requested that Agenda Item No. 8 ( Oral Communications- Non- Agenda Items) be heard out of order and taken prior to the Consent Calendar.
Vice Mayor Nguyen objected the suggestion and moved forward with the agenda order.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY NOVEMBER 8, 2023
MINUTES OF REGULAR MEETING
3. CONSENT CALENDAR
Staff requested for Agenda Item No. 3.3 be pulled for separate discussion and Agenda Item No. 3.8 be pulled from the Consent Calendar and heard under Regular Business as Agenda Item No. 5. 2.
3. 1 Minutes of the City Council and Successor Agency to the Westminster Redevelopment Agency.
ACTION: The Vice Mayor and City Council approved the minutes as presented for the date listed below:
A. October 25, 2023 (Closed Session and Regular Meeting).
3. 2 City Council and Successor Agency Warrant Registers dated October 19, 2023 Through November 1, 2023.
ACTION: The Mayor and City Council received and filed the report.
3. 3 THIS AGENDA ITEM WAS PULLED FOR SEPARATE DISCUSSION ( SEE END OF CONSENT CALENDAR).
3. 4 Resolution Authorizing the Execution of a Grant Award Contract Administered by the Department of Alcoholic Beverage Control ( ABC) in Fiscal Year 2023- 2024.
ACTION: The Vice Mayor and City Council:
A. Adopted Resolution No. 5222 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
AUTHORIZING THE EXECUTION OF A GRANT AWARD CONTRACT
ADMINISTERED BY THE DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL"; and
B. Approve the Agreement with the California Department of Alcohol Beverage Control for an Alcohol Policing Partnership Program (APP) Grant in the amount of$ 40, 000 and authorize the Chief of Police to execute the same; and C. Amendthe FiscalYear 2023-24 adoptedbudgetby designatinggrantfunds in the amount of $ 40, 000 in the Intergovernmental - State Other revenue account
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY NOVEMBER 8, 2023
MINUTES OF REGULAR MEETING
and increasing budgeted expenditures in the amount of $ 40, 000 in the ABC designated fund account for overtime, benefits, and special investigations.
3. 5 Status of 2025 Federal Transportation Improvement Program ( FTIP) Financial Resolution for Current and Future Projects in the Federal Fiscal Year ( FFY) 2024/ 25 to 2029/ 30.
ACTION: The Vice Mayor and City Council adopted Resolution No. 5223 entitled,
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
WESTMINSTER, CALIFORNIA, WHICH CERTIFIES THAT THE CITY OF
WESTMINSTER HAS THE RESOURCES TO FUND THE PROJECTS IN THE FFY 2024/ 25 TO 2029/ 30 TRANSPORTATION IMPROVEMENT PROGRAM AND
AFFIRMS ITS COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM."
3. 6 Final Report on the Measure SS.
ACTION: The Vice Mayor and City Council received and filed the final report of the Measure SS, following the sunset of Measure SS the one- cent transaction use tax TUT) on December 31, 2022.
3. 7 Restated and Amended Joint Powers Agreement for Integrated Law& Justice Agency for Orange County.
ACTION: The Vice Mayor and City Council approved the Restated and Amended Joint Powers Agreement for Integrated Law & Justice Agency for Orange County ILJAOC) among the City of Westminster, County of Orange and Member Agencies; and authorized the Chief of Police to execute the agreement and to take the necessary actions to implement and administer the agreement.
3. 8 THIS AGENDA ITEM WAS PULLED FROM THE CONSENT CALENDAR AND HEARD UNDER REGULAR BUSINESS AS AGENDA ITEM NO. 5. 2.
CONSENT CALENDAR — ALL ITEMS ( 3. 1- 3. 8)
Motion was made by Council Member Manzo, seconded by Vice Mayor Nguyen, to approve the Consent Calendar, with Agenda Item No. 3. 3 pulled for separate discussion and Agenda Item No. 3. 8 pulled from the Consent Calendar and heard under Regular Business as Agenda Item No. 5. 2.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY NOVEMBER 8, 2023
MINUTES OF REGULAR MEETING
The motion carried, 4-0-1-0, by the following roll call vote:
AYES: N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: C. NGUYEN
ABSTAIN: NONE
AGENDA ITEM( S) PULLED FROM CONSENT CALENDAR FOR SEPARATE
DISCUSSION
3. 3 Approval of Proclamation.
Motion was made by Council Member Manzo, seconded by Council Member Phan West, to approve the following proclamation:
A. Proclamation — Grand Jury Appreciation Month ( November 2023).
The motion carried, 4-0-1-0, by the following roll call vote:
AYES: N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: C. NGUYEN
ABSTAIN: NONE
Immediately following the roll call vote, the Vice Mayor and City Council presented the proclamation to Orange County Grand Juror Michael Verrengia and thanked him for his service.
4. PUBLIC HEARING — None.
5. REGULAR BUSINESS
5. 1 City Council Appointment to the Westminster Community Foundation.
Council Member Ho announced that she would like to appoint John Gentile to the WestminsterCommunityFoundationdue to his vast knowledgeof fundraisingand commitment to the community.
Motion was made by Council Member Ho, seconded by Council Member Manzo, to appoint John Gentile ( Council Member Ho' s appointee) to the Westminster Community Foundation with a term ending January 2026.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY NOVEMBER 8, 2023
MINUTES OF REGULAR MEETING
The motion carried, 4-0- 1-0, by the following roll call vote:
AYES: N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: C. NGUYEN
ABSTAIN: NONE
THE FOLLOWING ITEM WAS PREVIOUSLY AGENDA ITEM NO. 3. 8.
5. 2 Award of Contract for the Edwards Street Improvement Project from Westminster Boulevard to Trask Avenue - Plan No. P- 2583.
Council Member Phan West asked staff to clarify the total amount funding source and Council Member Ho asked staff to confirm current business with proposed contractor.
Public Works Director Ngo provided clarification.
Motion was made by Council Member Manzo, seconded by Council Member Ho, to:
A. Approve the award of contract to the lowest and responsible bidder in the amount of $ 676, 694 to R.J. Noble Company, Inc. and that all other bids be rejected; and B. Authorize a 10% contingency in the amount of $ 67, 669. 40 for potential change orders; and
C. Authorize the City Manager to execute the contract on behalf of the City, in a form approved by the City Attorney.
The motion carried, 4-0-1-0, by the following roll call vote:
AYES: N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: C. NGUYEN
ABSTAIN: NONE
6. LEGISLATIVE ITEM - None
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY NOVEMBER 8, 2023
MINUTES OF REGULAR MEETING
7. COMMISSION AND COMMITTEE ITEMS
7. 1 Proposal to Approve the Installation of a White Loading/ Unloading Zone at 7124 Westminster Boulevard — T. C. 23- 102.
Prior to the start of the item, Council Member Ho announced her need to recuse herself from the item as she owns property within 500 feet of the proposed project location.
Council Member Ho left the Chambers at 6:38 p.m.
Assistant City Manager Ozaeta provided a brief staff report.
Council Member Manzo asked if there is any anticipated issues with the businesses for the proposed zone.
Assistant City Manager Ozaeta provided clarification on staff' s outreach and process.
Motion was made by Council Member Phan West, seconded by Council Member Manzo, to adopt Resolution No. 5224 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
PROVIDING FOR A PASSENGER LOADING/ UNLOADING ZONE AT A CERTAIN
LOCATION ON THE SOUTH SIDE OF WESTMINSTER BOULEVARD, EAST OF LOCUST STREET.":
The motion carried, 3-0-1-1, by the following roll call vote:
AYES: N. NGUYEN, PHAN WEST, MANZO
NOES: NONE
ABSENT: C. NGUYEN
ABSTAIN: HO
Council Member Ho returned to Chambers at 6:42 p.m.
7. 2 Establishment of the Measure Y Citizens Oversight Committee.
Council Member Manzo asked for clarification on the appointment timeline.
Finance Director Backs identified the appointments will occur at the next City Council meeting.
Motion was made by Council Member Ho, seconded by Council Member Manzo, to adopt Resolution No. 5225 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY NOVEMBER 8, 2023
MINUTES OF REGULAR MEETING
CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
ESTABLISHING THE MEASURE Y CITIZENS OVERSIGHT COMMITTEE AND ADOPTING THE COMMITTEE' S ROLES AND RESPONSIBILITIES."
The motion carried, 4-0- 1-0, by the following roll call vote:
AYES: N. NGUYEN, PHAN WEST, MANZO, HO
NOES: NONE
ABSENT: C. NGUYEN
ABSTAIN: NONE
8. ORAL COMMUNICATIONS — NON- AGENDA ITEMS
The following individuals spoke under oral communications on non-agenda items:
1. D' Vorah Mariscal spoke on the importance of proclamations and requested a proclamation and contract from the Mayor and City Council to focus on local issues with Westminster, encouraged the City to reimplement Zoom meetings for public participation and spoke on mid- meeting City Council absences at the October 25 meeting.
2. Terry Rains spoke on the lack of City Council attendance at the recent Trunk- Or-Treat community event, spoke on the lack of City held Veteran' s Day event, commented on RV parking throughout the City, spoke on Vice Mayor Nguyen and Council Member Phan West' s abrupt departure during the most recent City Council Meeting of October 25, spoke of past election for District 1, commented on press release distributed by Council Member Phan West with false information presented about the failed walk on item, commented on recent meeting of OCGOP committee, raised concerns of recent email signature of Council Member Phan West.
Following the oral communication, Council Member Phan West responded to the comments made.
Council Member Manzo stated that the members of the public have a right to speak under oral communications.
City Attorney Bettenhausen reminded the members of the City Council that responses shall remain brief when responding to comments made by public members during oral communications.
3. Representative from Alliance of Asian American Voters spoke in support of the walk on item for the proclamation recognizing Vietnam Flag Reaffirmation Day ( The Three Red Stripes Upon a Field of Gold).
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY NOVEMBER 8, 2023
MINUTES OF REGULAR MEETING
4. Anh Kiet Huynh spoke in support of the walk on item for the proclamation recognizing Vietnam Flag Reaffirmation Day (The Three Red Stripes Upon a Field of Gold) and commented on his sponsorship received to come to the United States.
5. Representative from Vietnamese American Concern Group chose not to provide comments.
6. Tammi Hammell commented on the response from Council Member Phan West to the member of the public, spoke on a Public Records Request seeking the notes from the dais by Council Member Phan West.
City Attorney Bettenhausen interjected during the speaker time stating that notes are not official records kept by the city.
6. Tammi Hammell continued her comments regarding actions of Council Member Phan West against residents and members of the City Council.
7. Coni Kohan spoke on rules of decorum and respecting opposing opinions.
9. COMMENTS FROM CITY COUNCIL/AGENCY MEMBERS (Including AB 1234 Report when required)
Council Member Phan West commented on citizen- initiated investigation and public records requests regarding misuse of City logo, concluded with thanking all veterans for their service and highlighted her father's service in the military and the affects it had on him and their family.
Council Member Manzo commented recent actions and behavior from the dais of members of the City Council, highlighted the residents freedom of speech rights during oral communications, spoke on mannerism and professionalism expected from members of the Council to residents, commented on his embarrassment of prior behaviors, pivoted by recognizing the Westminster Police Department Records Department for their hard work and dedication, spoke on recent attendance at the Trunk-Or-Treat community event, highlighting the great work done by City staff, spoke on upcoming holiday community events, recognized the upcoming Veteran' s Day, and closed honoring Lieutenant Colonel Craig Mandeville, United States Army.
Council Member Phan West requested that City staff add an Agenda Item to the upcoming December 13, 2023, Council Meeting for Council consideration and approval of the following proclamation:
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY NOVEMBER 8, 2023
MINUTES OF REGULAR MEETING
A. Vietnam Flag Reaffirmation Day ( The Three Red Stripes Upon a Field of Gold).
Vice Mayor Nguyen seconded the request to add the proclamation to the upcoming December Council meeting.
Council Member Ho commented on upcoming community events and closed by recognizing veterans Vietnamese Veteran Kenny Hoang and Lieutenant Colonel Craig Mandeville, United States Army, for their contribution to the city.
Vice Mayor Nguyen reminded the public and members of the City Council to respect one another and to be mindful that members of the youth community are present at meetings or watching online, recognized Westminster Police Department Records Department for their hard work and dedication to the community, thanked the Community Services Department for their hard work and successful events for the community and urged the public to participate in upcoming events.
10. COUNCIL ADJOURNMENT
There being no further business to discuss, Vice Mayor Nguyen announced that the Regular Meeting of November 22, 2023 has been cancelled and adjourned the meeting in memory of Lieutenant Colonel Craig Mandeville, United States Army at 7:26 p.m. on Wednesday, November 8, 2023.
The next Regular Meeting will be held on Wednesday, December 13, 2023, at 6:00 p. m.
Respectfully submitted:
A
ASH ON R. ; ' . " HO, MMC
CITY CLERK
I
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY NOVEMBER 8, 2023
MINUTES OF REGULAR MEETING
APPROVED:
CHI CHARLIE NGUYEN
MAYOR
ATTEST:
4411 h
f1SHTON R. AROCHO, MMC
CITY CLERK