CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY DECEMBER 8, 2023
MINUTES OF SPECIAL MEETING
CONVENE CITY COUNCIL MEETING: The City Council/ Successor Agency to the Westminster Redevelopment Agency meeting convened on Friday, December 8, 2023, to Open Session at 10: 00 a. m.
SPECIAL MEETING
10: 00 A. M.
CALL TO ORDER
Mayor Nguyen called the Special Meeting of the City Council/Successor Agency to the Westminster Redevelopment Agency Meeting to order at 10: 10 a. m., on Friday, December 8, 2023, via In- Person, at the City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
ROLL CALL
PRESENT: MAYOR CHI CHARLIE NGUYEN
COUNCIL MEMBER AMY PHAN WEST, DISTRICT 1
COUNCIL MEMBER CARLOS MANZO, DISTRICT 2
COUNCIL MEMBER KIMBERLY HO, DISTRICT 3
ABSENT: VICE MAYOR NAMQUAN NGUYEN, DISTRICT 4
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
Deputy Police Chief Ron Weber
Orange County Fire Authority Chief Craig Covey
SALUTE TO THE FLAG
Mayor Nguyen led the flag salute.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY DECEMBER 8, 2023
MINUTES OF SPECIAL MEETING
1. ORAL COMMUNICATIONS — AGENDA ITEMS
The following individuals spoke under oral communications regarding the item listed on the agenda:
1. Tim Hogan spoke in support of the item, requesting that the City Council allow the residents the option to vote on the tax and urged the City Council to move forward.
2. D'Vorah Mariscal requested the City Council let the community vote.
3. Terry Rains commented on the absence of Vice Mayor Nguyen and Council Member Phan West during the Special Meeting on Wednesday, December 6, 2023, spoke on the item presented to the City Council, commented on prior meetings regarding the fiscal deficit, spoke on the requirement of a second reading on the proposed Ordinance, and commented on the proposed sunset clause.
4. Tony Bui spoke in support of the item and commented on his support of the Police Department, Fire Department and Building Department.
5. Vincent Huante, Representative of the Westminster Municipal Employees Association, spoke on the importance of public safety, safer roads and safer water, outlined the difficulties in maintaining a quality of life for the residents.
6. Kyle Seasock, Representative of the Westminster Police Officers' Association, spoke of the potential defunding of public safety should the measure not be placed on the ballot for voters to vote.
7. Roland Perez, Representative of the Westminster Police Officers Association, spoke on the potential defunding of public safety and City services, along with the looming bankruptcy of the city and the importance of placing the measure on the ballot for voters to vote.
Following oral communications, Mayor Nguyen thanked the public for their comments and participation.
2. Strategic Plan Goal # 1 - Achieve Financial Stability.
Proposal: Consideration of Resolution and Ordinance, Placing a Measure on the March 5, 2024 Ballot, Asking Voters if They Want to Add a 1/
2¢ (
1/
2%) City
Transaction and Use ( Sales) Tax.
Mayor Nguyen reminded the public and members of the City Council that during the Special Meeting on Wednesday, December 6, 2023 City staff and the
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY DECEMBER 8, 2023
MINUTES OF SPECIAL MEETING
consultant at FM3, presented the presentation. Due to the absence of some Council Members, the item has been brought back for discussion.
Unfortunately, the consultant at FM3, was unable to attend the meeting.
City Manager Cordon requested direction from the Mayor and City Council on how they would like to proceed with the meeting.
Mayor Nguyen thanked Council Member Manzo and Council Member Ho for their attendance at the Special Meeting on Wednesday, December 6, 2023 and asked staff to provide a presentation for Council Member Phan West.
City Manager Cordon moved forward and provided a brief overview on the proposed item.
Finance Director Backs provided an additional review of the previously shown presentation.
Mayor Nguyen left the dais at 10: 39 a. m.
City Attorney Bettenhausen interjected with comments regarding the potential implementation date for the revenue, if approved by the voters.
Mayor Nguyen returned to the dais at 10: 41 a. m.
Following the presentations, Council Member Phan West asked for the estimated cost savings if the City added the ballot measure to the General Municipal November 2024 Election.
City Clerk Arocho provided the cost estimate for the November 2024 election, which was provided by the Orange County Registrar of Voters.
City Attorney Bettenhausen highlighted the potential loss in revenue, per quarter, if not approved by the voters in March.
Council Member Phan West commented on the 2016 citywide projections towards potential bankruptcy.
Finance Director Backs reviewed the data and provided feedback.
Council Member Phan West requested that staff provide a brief overview on the community survey presentation previously led by the consultants at FM3.
Due to the FM3 representative not being available to attend, City Manager Cordon presented.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY DECEMBER 8, 2023
MINUTES OF SPECIAL MEETING
Discussion ensued around the basis of the survey and specific voting patterns.
Council Member Phan West asked staff for clarification on the delay in producing the survey.
City Manager Cordon provided context and clarification, highlighting the many steps within the process.
Discussion ensued regarding prior work done by the consultant, FM3, and important timelines.
Council Member Phan West asked staff to clarify prior cuts made due to budget restrictions.
Finance Director Backs outlined the prior staffing cuts, lack of street and park maintenance, citywide pause on all professional development, limited hours of operations at the Senior Center, limited community events, lack of funding for the TET Parade, pause on community promotions, and lack of grant funding received for events and programs.
Assistant City Manager Ozaeta outlined requirements for grant funding for streets.
City Manager Cordon commented on the negative effects in staffing levels due to past layoffs.
Council Member Manzo apologized to the community and staff for potential distractions at the dais due to the meeting occurring during his normal day job, commented on structural problems throughout the community due to lack of revenue, and stated that the City Council needs to give the community their constitutional right to vote on the ballot measure.
Council Member Manzo spoke on his support of adding the ballot measure to the March 2024 Primary Election, but emphasized his request to have no sunset clause added to the Ordinance.
Council Member Ho thanked Council Member Phan West for her questions, commented on her understanding of the importance of the proposed item, highlighted the importance of having one on one meetings with the City Manager to gain knowledge and understanding on business matters about the City, and reiterated that the City Council is voting to put a measure on the ballot to allow the voters to decide what they want for their community.
Mayor Nguyen thanked the members of the City Council for their comments and participation.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY DECEMBER 8, 2023
MINUTES OF SPECIAL MEETING
Mayor Nguyen highlighted the looming budget deficit, commented on the financial crisis the City is facing, and spoke on current sales tax rates in surrounding cities.
He also voiced his support in putting the measure on the ballot for the March Primary Election and giving the community the opportunity to vote on the sales tax.
Mayor Nguyen highlighted on the need for the increase in the sales tax but highlighted current projects in motion that will bring in additional revenue sources.
Motion was made by Mayor Nguyen to:
A. Receive the results of a community survey and consider the placement of a measure on the March 5, 2024 ballot, asking Westminster voters whether they want to establish a '/ 2¢ ( V2%) local sales tax, with a sunset of 9 years.
If direction is provided to move forward with placement of a measure on the March 5, 2024 ballot:
B. Adopted Resolution No. 5226 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE SUBMISSION OF A
MEASURE TO THE VOTERS RELATING TO A PROPOSED
1/
2¢ ( Y2%) CITY
TRANSACTION AND USE ( SALES) TAX"; and
C. Adopted Resolution No. 5227 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024 WITH THE STATEWIDE PRIMARY
ELECTION TO BE HELD ON THE DATE PURSUANT TO CALIFORNIA
ELECTION CODE SECTION 10403"; and
D. Introduced Ordinance No. 2609, for first reading entitled, " AN ORDINANCE OF THE CITY OF WESTMINSTER, CALIFORNIA, ADDING CHAPTER 3. 10 TRANSACTION AND USE TAX OF 2024) TO TITLE 3 ( REVENUE AND FINANCE) OF THE WESTMINSTER MUNICIPAL CODE," read by title only and waive further reading.
Council Member Manzo spoke in opposition of including a sunset clause to the measure.
Discussion ensued regarding the option of a sunset clause.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY DECEMBER 8, 2023
MINUTES OF SPECIAL MEETING
Council Member Phan West responded to false comments made regarding her support to defund the police.
A Modified Motion was made by Mayor Nguyen to:
A. Receive the results of a community survey and consider the placement of a measure on the March 5, 2024 ballot, asking Westminster voters whether they want to establish a
1/
2¢ ('/ 2%) local sales tax, with a sunset of 10 years.
If direction is provided to move forward with placement of a measure on the March 5, 2024 ballot:
B. Adopted Resolution No. 5226 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE SUBMISSION OF A
MEASURE TO THE VOTERS RELATING TO A PROPOSED
1/
2¢ ('/ 2%) CITY
TRANSACTION AND USE ( SALES) TAX"; and
C. Adopted Resolution No. 5227 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024 WITH THE STATEWIDE PRIMARY
ELECTION TO BE HELD ON THE DATE PURSUANT TO CALIFORNIA
ELECTION CODE SECTION 10403"; and
D. Introduced Ordinance No. 2609, for first reading entitled, " AN ORDINANCE OF THE CITY OF WESTMINSTER, CALIFORNIA ADDING CHAPTER 3. 10 TRANSACTION AND USE TAX OF 2024) TO TITLE 3 ( REVENUE AND FINANCE) OF THE WESTMINSTER MUNICIPAL CODE," read by title only and waive further reading.
Council Member Ho commented on the total cost to add the measure onto the March Primary Election ballot.
Substitute motion was made by Council Member Ho to:
A. Receive the results of a community survey and consider the placement of a measure on the March 5, 2024 ballot, asking Westminster voters whether they want to establish a
1/
2¢ ( V2%) local sales tax, until ended by the voters.
If direction is provided to move forward with placement of a measure on the March 5, 2024 ballot:
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY DECEMBER 8, 2023
MINUTES OF SPECIAL MEETING
B. Adopted Resolution No. 5226 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE SUBMISSION OF A
MEASURE TO THE VOTERS RELATING TO A PROPOSED
1/
z¢` (%%) CITY
TRANSACTION AND USE ( SALES) TAX"; and
C. Adopted Resolution No. 5227 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024 WITH THE STATEWIDE PRIMARY
ELECTION TO BE HELD ON THE DATE PURSUANT TO CALIFORNIA
ELECTION CODE SECTION 10403"; and
D. Introduced Ordinance No. 2609, for first reading entitled, " AN ORDINANCE OF THE CITY OF WESTMINSTER, CALIFORNIA ADDING CHAPTER 3. 10 TRANSACTION AND USE TAX OF 2024) TO TITLE 3 ( REVENUE AND FINANCE) OF THE WESTMINSTER MUNICIPAL CODE," read by title only and waive further reading; and
E. Direct staff to conduct a community survey at the 8-year mark of the measure and bring results back to the City Council.
Discussion ensued regarding the increase in sales tax in neighboring cities and the potential loss in revenue should another agency pass a tax measure without a sunset clause.
Mayor Nguyen questioned staff on Measure SS and the sunset clause written for 6 years.
Council Member Ho responded to comments made by Mayor Nguyen and spoke on her support of placing the measure on the March Primary Election ballot, without a sunset clause.
Council Member Manzo outlined the vulnerability to the community and the residents if the City Council proposes the measure with a sunset clause.
City Manager Cordon interjected with a reminder that there is a strict deadline of 5:00 p.m. for the City Clerk' s Office to file paperwork, should the City Council decide to place a measure on the ballot, to the Orange County Registrar of Voters.
City Manager Cordon also provided clarification on the proposed sunset of 9 years, due to the community survey questionnaire.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY DECEMBER 8, 2023
MINUTES OF SPECIAL MEETING
Discussion ensued regarding Measure Y and Measure SS.
Following a lengthy discussion, Mayor Nguyen highlighted the motions on the floor.
A Motion was made by Mayor Nguyen, with no seconder, to:
A. Receive the results of a community survey and consider the placement of a measure on the March 5, 2024 ballot, asking Westminster voters whether they want to establish a
1/
2¢ ('/ 2%) local sales tax, with a sunset of 9 years.
If direction is provided to move forward with placement of a measure on the March 5, 2024 ballot:
B. Adopted Resolution No. 5226 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE SUBMISSION OF A
MEASURE TO THE VOTERS RELATING TO A PROPOSED
1/
z¢ ('/ 2%) CITY
TRANSACTION AND USE ( SALES) TAX"; and
C. Adopted Resolution No. 5227 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024 WITH THE STATEWIDE PRIMARY
ELECTION TO BE HELD ON THE DATE PURSUANT TO CALIFORNIA
ELECTION CODE SECTION 10403"; and
D. Introduced Ordinance No. 2609, for first reading entitled, " AN ORDINANCE OF THE CITY OF WESTMINSTER, CALIFORNIA ADDING CHAPTER 3. 10 TRANSACTION AND USE TAX OF 2024) TO TITLE 3 ( REVENUE AND FINANCE) OF THE WESTMINSTER MUNICIPAL CODE," read by title only and waive further reading.
Motion failed due to lack of second.
Motion was made by Council Member Ho, seconded by Council Member Manzo, to:
A. Receive the results of a community survey and consider the placement of a measure on the March 5, 2024 ballot, asking Westminster voters whether they want to establish a
1/
2¢ (% 2%) local sales tax, until ended by the voters.
If direction is provided to move forward with placement of a measure on the March 5, 2024 ballot:
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY DECEMBER 8, 2023
MINUTES OF SPECIAL MEETING
B. Adopted Resolution No. 5226 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE SUBMISSION OF A
MEASURE TO THE VOTERS RELATING TO A PROPOSED
1/
2¢ ('/ 2%) CITY
TRANSACTION AND USE ( SALES) TAX"; and
C. Adopted Resolution No. 5227 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024 WITH THE STATEWIDE PRIMARY
ELECTION TO BE HELD ON THE DATE PURSUANT TO CALIFORNIA
ELECTION CODE SECTION 10403"; and
D. Introduced Ordinance No. 2609, for first reading entitled, " AN ORDINANCE OF THE CITY OF WESTMINSTER, CALIFORNIA ADDING CHAPTER 3. 10 TRANSACTION AND USE TAX OF 2024) TO TITLE 3 ( REVENUE AND FINANCE) OF THE WESTMINSTER MUNICIPAL CODE," read by title only and waive further reading; and
E. Direct staff to conduct a community survey at the 8-year mark of the measure and bring results back to the City Council.
Prior to the roll call vote, City Attorney Bettenhausen noted for the record that this item requires a 2/ 3 vote in favor to pass. Due to the absence of Vice Mayor Nguyen, the vote would need to be unanimously in favor.
Council Member Ho reiterated that a 'yes' vote is not increasing the sales tax but giving the community an opportunity to vote for the increase or not.
Mayor Nguyen thanked Council Member Ho for her comments but also reminded the City Council that they are responsible for the item.
During the roll call vote, Council Member Phan West noted that she supports the public' s right to vote, commented on the short period of time to process the report and survey results, spoke on the rushed timetable to consider the measure, commented on increase in gas prices and inflation, and spoke on the recent tax increases already passed by the voters.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY DECEMBER 8, 2023
MINUTES OF SPECIAL MEETING
Motion failed, 3-1-1-0, by the following roll call vote:
AYES: MANZO, HO, PHAN WEST
NOES: C. NGUYEN
ABSENT: N. NGUYEN
ABSTAIN: NONE
City Clerk Arocho noted for the record that due to the vote not being unanimously in support for the item, the motion failed.
City Attorney Bettenhausen reiterated what City Clerk Arocho noted and added that the only other option is if there was a change in the vote.
Following the vote, Council Member Manzo spoke on the undetermined future for the community and staff due to the financial deficit and the impacts it will have.
Discussion ensued regarding the ability for a Council Member to make a new motion.
Mayor Nguyen commented on the difficult decision placed before him and requested that the record reflect that his vote be amended from a ' No' to a ' Yes.' City Clerk Arocho noted for the record the following:
Motion was made by Council Member Ho, seconded by Council Member Manzo, to:
A. Receive the results of a community survey and consider the placement of a measure on the March 5, 2024 ballot, asking Westminster voters whether they want to establish a
1/
2¢ ('/ 2%) local sales tax, until ended by the voters.
If direction is provided to move forward with placement of a measure on the March 5, 2024 ballot:
B. Adopted Resolution No. 5226 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE SUBMISSION OF A MEASURE TO THE VOTERS RELATING TO A PROPOSED % 2¢ ( V2%) CITY TRANSACTION AND USE ( SALES) TAX"; and
C. Adopted Resolution No. 5227 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024 WITH THE STATEWIDE PRIMARY
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY DECEMBER 8, 2023
MINUTES OF SPECIAL MEETING
ELECTION TO BE HELD ON THE DATE PURSUANT TO CALIFORNIA
ELECTION CODE SECTION 10403"; and
D. Introduced Ordinance No. 2609, for first reading entitled, " AN ORDINANCE OF THE CITY OF WESTMINSTER, CALIFORNIA, ADDING CHAPTER 3. 10 TRANSACTION AND USE TAX OF 2024) TO TITLE 3 ( REVENUE AND FINANCE) OF THE WESTMINSTER MUNICIPAL CODE," read by title only and waive further reading; and
E. Direct staff to conduct a community survey at the 8-year mark of the measure and bring results back to the City Council.
Motion carried, 4-0- 1-0, by the following roll call vote:
AYES: C. NGUYEN, MANZO, HO, PHAN WEST
NOES: NONE
ABSENT: N. NGUYEN
ABSTAIN: NONE
3. COUNCIL ADJOURNMENT
Mayor Nguyen adjourned the meeting at 12:42 p.m. on Friday, December 8, 2023, to the next Regular Meeting to be held on Wednesday, December 13, 2023 at 6:00 p. m.
Respectfully submitted:
PAL-
Or) eke.)
VON R. ' OCHO, MMC
CITY CLERK
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY DECEMBER 8, 2023
MINUTES OF SPECIAL MEETING
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