AMENDED AGENDA
*LATE COMMUNICATION MEMO
AGENDA ITEM NO. 4.1
CHI CHARLIE NGUYEN
Mayor
KIMBERLY HO
Vice Mayor, District 3
AMY PHAN WEST
Council Member, District 1
CARLOS MANZO
Council Member, District 2
NAMQUAN NGUYEN
Council Member, District 4
AMENDED AGENDA
CITY COUNCIL/SUCCESSOR AGENCY TO THE
WESTMINSTER REDEVELOPMENT AGENCY
REGULAR MEETING
APRIL 10, 2024
CLOSED SESSION – 5:45 p.m.
OPEN SESSION - 6:00 p.m.
CITY COUNCIL CHAMBERS
8200 WESTMINSTER BOULEVARD
WESTMINSTER, CALIFORNIA 92683
If you need special assistance to participate in this meeting, including interpretation, please contact the City Clerk’s Office at (714) 548-3237. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102-35.104 American Disabilities Act Title II)
Documents provided to a majority of the City Council regarding any item on this agenda are available for public inspection on the City’s website at www.westminster-ca.gov.
AGENDA
APRIL 10, 2024
AMENDED AGENDA
*LATE COMMUNICATION MEMO
AGENDA ITEM NO. 4.1
MEETINGS
Regular meetings of the City Council are held the second and fourth Wednesday of each month at the hour of 5:30 p.m. (5:00 p.m. if deemed necessary) for Closed Session matters, if required.
The public session of the meeting shall commence at 6:00 p.m. or as soon thereafter as possible. (WMC 2.04.010)
AGENDA INFORMATION
The agenda contains a brief general description of each item to be considered. The agenda and supporting documentation are available for public review no later than 72 hours prior to the meeting. The agenda can be accessed on the City's web site at www.westminster-ca.gov.
Live
video streaming of regular meetings and an archive of agendas and minutes are also available on the City's website.
Visit https://westminsterca.granicus.com/ViewPublisher.php?view_id=2 to subscribe to agenda notifications.
RULES OF CONDUCT AND DECORUM AT PUBLIC MEETING WESTMINSTER MUNICIPAL CODE SEC. 2.04.060 AND RESOLUTION NO. 4963
In support and respect of one another and in an effort to orderly conduct the business of the people during the meeting, following the adopted Rules of Decorum are required, expected, and appreciated. The Rules of Conduct are as follows:
• Treat others courteously.
• Listen to others respectfully.
• No profane language.
• Please do not interrupt other speakers or council members. • Please remain seated or quiet when asked to.
• Please do not obstruct visibility for others in attendance with large signs. • Audience members may only hold signs in the back most row. • Signs shall not be larger than 8 ½ x 11 size.
• Individuals holding signs shall be limited to no more than one sign each. • Signs shall remain with the holder, and shall not be placed in adjacent seats. • For your safety and the safety of others, no signs on sticks are allowed in the Council Chambers.
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AGENDA
APRIL 10, 2024
AMENDED AGENDA
*LATE COMMUNICATION MEMO
AGENDA ITEM NO. 4.1
QUY TẮC HÀNH XỬ CHO NHỮNG BUỔI HỌP CÔNG CHÚNG
WESTMINSTER. 2.04.060 VÀ NGHỊ QUYẾT 4963
Để hỗ trợ và tôn trọng lẫn nhau và trong n ỗ lực tiến hành có trật tự cho những buổi họp, việc tuân theo các quy tắc hành xử cần thiết đã được thông qua. Các quy tắc hành xử như sau:
• Đối xử lịch sự với người khác.
• Tôn trọng lắng nghe người khác.
• Không được dùng ngôn ngữ tục tĩu.
• Vui lòng không ngắt lời nói của người khác hoặc thành viên hội đồng thành phố. • Vui lòng ngồi yên hoặc im lặng khi được yêu cầu.
• Vui lòng không sử dụng những bảng hiệu lớn cản trở tầm nhìn của những người khác. • Cư dân đến tham dự buổi họp nên ngồi ở hàng ghế cuối trong phòng họp nếu mang theo bảng hiệu.
• Bảng hiệu không được lớn hơn kích thước 8 ½ x 11.
• Mỗi người chỉ có thể đem theo một bảng hiệu.
• Không được đặt bảng hiệu lên ghế ngồi bên cạnh.
• Vì sự an toàn của mọi người, không được phép sử dụng những bảng hiệu gắn trên cậy trong phòng họp hội đồng thành phố.
REGLAS DE CONDUCTA Y DECORO EN LAS REUNIONES PÚBLICAS
SECCIÓN DEL CÓDIGO MUNICIPAL DE WESTMINSTER. 2.04.060 Y RESOLUCIÓN NO. 4963
En apoyo y respeto mutuo y en un esfuerzo por conducir ordenadamente los asuntos de las personas durante la reunión, se requiere, espera, y agradece seguir las Reglas de Decoro adoptadas por la ciudad. Las reglas de conducta son las siguientes:
• Trate a los demás con cortesía.
• Escuche a los demás con respeto.
• No se permite lenguaje profano.
• No interrumpa a otros oradores o miembros del consejo. • Los miembros de la audiencia solo pueden sostener letreros en la última fila. • Los letreros no deben ser más grandes que 8 ½” x 11” de tamaño. • Permanezca sentado o en silencio cuando se lo pidan.
• Las personas que tengan letreros se limitarán a no más de un letrero por persona.
• Los letreros permanecerán con el miembro de la audiencia y no se colocarán en asientos adyacentes.
• Por su seguridad y la seguridad de los demás, no se permiten letreros con palos en las Cámaras del Consejo.
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AGENDA
APRIL 10, 2024
AMENDED AGENDA
*LATE COMMUNICATION MEMO
AGENDA ITEM NO. 4.1
ATTENDANCE AND PARTICIPATION BY THE PUBLIC
MEMBERS OF THE PUBLIC MAY VIEW THE MEETING LIVE IN ONE OF THE FOLLOWING WAYS:
• In Person
• City of Westminster YouTube Channel -
https://www.youtube.com/cityofwestminsterca92683
• City of Westminster Streaming Video Online -
https://westminsterca.granicus.com/ViewPublisher.php?view_id=2 • Westminster WTV: Spectrum Channel 3, Frontier FiOS Channel 42, and AT&T U-Verse Channel 99
MEMBERS OF THE PUBLIC MAY SUBMIT COMMENTS IN WRITING UP TO 24 HOURS PRIOR TO THE MEETING:
• E-mail your comments to [email protected]. • Comments received via e-mail will be provided to the City Council and be reflected in the minutes. Comments will not be read verbally at the meeting. • Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information (i.e. phone numbers, addresses, etc.) that you do not want to be published.
TO SPEAK IN PERSON:
• Complete a green speaker slip that is provided at the entrance of the council chambers and submit the completed slip to City Clerk staff. • When your name is called, step up to the podium and state your name* and city of residence* (*optional) for the record.
TO REQUEST TO SPEAK IN ADVANCE IN PERSON:
• E-mail your request to speak at the meeting along with your name to [email protected].
• E-mail to speak in advance at the email listed above must be received 24-hours prior to the meeting.
AGENDA
APRIL 10, 2024
AMENDED AGENDA
*LATE COMMUNICATION MEMO
AGENDA ITEM NO. 4.1
MEMBERS OF THE PUBLIC MAY REQUEST AN INTERPRETER* IN ADVANCE TO ASSIST
A NON- ENGLISH SPEAKER DURING THE ORAL COMMUNICATIONS AND PUBLIC HEARING SECTIONS OF THE MEETING.
In accordance with Resolution No. 5135, the City Council adopted a policy providing rules governing translators and public comments to ensure a fair opportunity for all speakers to address the City Council. A non-English speaking member of the public wishing to address the City Council may bring their own interpreter* to interpret for them from non-English to English. A non-English speaking member of the public may alternatively request that the City provide an interpreter* to interpret in Vietnamese or Spanish. The request must be made no less than 48 hours in advance for a regular meeting, and 12 hours in advance for a special meeting. The City will voluntarily make a reasonable effort to accommodate the request. However, the City does not have a legal obligation to provide an interpreter*. Any non -English speaking member of the public may utilize the services of a City-provided interpreter*, if one is available at the meeting.
In accordance with the policy and the California Government Code, non -English speakers who utilize an interpreter* will be allowed to speak twice the allotted time granted by the City Council to any speaker not utilizing an interpreter*, subject to any res trictions set forth in the City’s adopted policy.
Speakers who elect to address the City Council in English and self -translate into another language will not be allowed twice the allotted time.
*Also referenced as “Translator” in Government Code and City Resolution.
Except as specifically provided by law for closed sessions, all meetings of the City Council Agency shall be open and public. Agendas for the City Council meetings provide the public an opportunity to directly address the City Council on items of interest to the public that are within the subject matter jurisdiction of the City Council on any agenda items. NO action may be taken on items not listed on the agenda unless authorized by law.
WEBSITE/TELEVISED MEETING SCHEDULE
Regular City Council meetings are broadcast live on Westminster Cable Channel 3 and REBROADCAST on Monday at 5:00 p.m., Wednesday at 6:00 p.m., Friday at 7:00 a.m. and Sunday at 8:30 a.m. The City’s website (www.westminster-ca.gov) provides information about viewing live and archived City Council meetings. If you have internet access, you can follow the meeting live with a video stream on your computer. You will also have access to an archive of recent City Council meeting agendas, videos and minutes.
AGENDA
APRIL 10, 2024
AMENDED AGENDA
*LATE COMMUNICATION MEMO
AGENDA ITEM NO. 4.1
CLOSED SESSION
5:45 P.M.
PUBLIC COMMENTS MAY BE RECEIVED BY THE CITY COUNCIL PRIOR TO ANY ITEM TO BE CONSIDERED IN CLOSED SESSION.
CALL TO ORDER
ROLL CALL MAYOR CHI CHARLIE NGUYEN
VICE MAYOR, DISTRICT 3 KIMBERLY HO
COUNCIL MEMBER, DISTRICT 1 AMY PHAN WEST
COUNCIL MEMBER, DISTRICT 2 CARLOS MANZO
COUNCIL MEMBER, DISTRICT 4 NAMQUAN NGUYEN
ORAL COMMUNICATIONS FOR CLOSED SESSION
CLOSED SESSION
The City Council will recess to a Closed Session for the following purpose:
1. Conference with Legal Counsel pursuant to
Government Code Section 54956.9(d)(2): Potential Litigation Number of Case(s): Two (2)
RECESS
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AGENDA
APRIL 10, 2024
AMENDED AGENDA
*LATE COMMUNICATION MEMO
AGENDA ITEM NO. 4.1
REGULAR SESSION
6:00 P.M.
RECONVENE CITY COUNCIL/SUCCESSOR AGENCY TO THE WESTMINSTER
REDEVELOPMENT AGENCY MEETING
CALL TO ORDER
ROLL CALL MAYOR CHI CHARLIE NGUYEN
VICE MAYOR, DISTRICT 3 KIMBERLY HO
COUNCIL MEMBER, DISTRICT 1 AMY PHAN WEST
COUNCIL MEMBER, DISTRICT 2 CARLOS MANZO
COUNCIL MEMBER, DISTRICT 4 NAMQUAN NGUYEN
SALUTE TO FLAG Council Member Manzo
INVOCATION
CITY ATTORNEY/CLOSED SESSION REPORT
EX PARTE COMMUNICATIONS
CITY CLERK REPORT
CITY MANAGER REPORT
1. SPECIAL PRESENTATIONS
A. Presentation of Proclamation for 911 Public Safety Telecommunicator Week.
B. Recognition of the Orange County Fire Authority for 911 Public Safety Telecommunicator Week.
C. Presentation of Proclamation for DMV Donate Life Month.
D. Presentation of Proclamation for Fair Housing Month.
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AGENDA
APRIL 10, 2024
AMENDED AGENDA
*LATE COMMUNICATION MEMO
AGENDA ITEM NO. 4.1
2. ORAL COMMUNICATIONS – AGENDA ITEMS ONLY
THIS IS THE TIME OF THE MEETING THAT MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL REGARDING ANY ITEMS ON THE AGENDA. UNLESS
OTHERWISE EXTENDED BY A MAJORITY VOTE OF THE CITY COUNCIL, COMMENTS SHALL BE LIMITED TO THREE (3) MINUTES PER SPEAKER.
ANY PERSON WISHING TO ADDRESS THE CITY COUNCIL IN PERSON SHOULD
COMPLETE A GREEN SPEAKER SLIP THAT IS PROVIDED AT THE ENTRANCE TO THE COUNCIL CHAMBERS AND SUBMIT THE CARD TO THE CITY CLERK. WHEN
YOUR NAME IS CALLED, PLEASE STEP TO THE PODIUM AT THAT TIME AND STATE YOUR NAME* AND CITY OF RESIDENCE* (*OPTIONAL) FOR THE RECORD.
3. CONSENT CALENDAR
ALL MATTERS LISTED UNDER THE CONSENT CALENDAR ARE CONSIDERED
ROUTINE AND MAY BE APPROVED BY A SINGLE MOTION FOLLOWED BY A ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS
UNLESS MEMBERS OF THE CITY COUNCIL OR STAFF REQUEST THAT SPECIFIC
ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION OR DISCUSSION.
WARRANT REGISTER
3.1 City Council and Successor Agency Warrant Registers dated March 21, 2024 through April 3, 2024.
RECOMMENDATION: Receive and file.
PROCLAMATIONS
3.2 Approval of Proclamations.
RECOMMENDATION: Consider and approve the following proclamations:
A. Proclamation - Black April Month - April 2024; and
B. Proclamation - 55th Annual Professional Municipal Clerks Week.
END OF CONSENT CALENDAR
AGENDA
APRIL 10, 2024
AMENDED AGENDA
*LATE COMMUNICATION MEMO
AGENDA ITEM NO. 4.1
4. PUBLIC HEARINGS
4.1 Case No. 2023 -0646. City Council Review of the Planning Commission’s Recommendation to Approve - Case No. 2023-0646 - Request for a Conditional Use Permit, Development Review, and Affordable Housing Density Bonus for the development of 54 multi -family units, including 53 lower -income senior housing rental units located at 13800, 13802 & 13812 Milton Avenue.
Attachments:
1. Draft City Council Resolution
2. Ariel View and Zoning/Land Use Designation
3. Planning Commission Staff Report and Attachments
4. Final Planning Commission Resolution 2024-001
5. Draft Planning Commission Meeting Minutes from February 21, 2024
6. Project Plans
• Staff Report
• Comments or Presentation from Applicant
• Comments from Appellant (If Applicable)
• Mayor and City Council Questions for Staff
• Public Comments
• Mayor and Council Member Discussion
• Council Action
*Late Communication Memo
RECOMMENDATION: Adopt a Resolution entitled, “ A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, APPROVING CASE NO. 2023-0646 PERTAINING TO A CONDITIONAL USE PERMIT, DEVELOPMENT
REVIEW, AND AFFORDABLE HOUSING DENSITY BONUS FOR THE DEVELOPMENT OF 54 MULTI -FAMILY UNITS, I NCLUDING 53 LOWER- INCOME SENIOR HOUSING RENTAL UNITS LOCATED AT 13800, 13802, AND 13812 MILTON AVENUE IN THE CITY OF WESTMINSTER, CA (APNS: 203-311-13, 16, AND 24).”
4.2 Urgency Ordinance Relating to Placing a Moratorium on the Approval of New Entitlements for Freeway Oriented Billboards.
• Staff Report
• Comments or Presentation from Applicant
• Comments from Appellant (If Applicable)
• Mayor and City Council Questions for Staff
• Public Comments
• Mayor and Council Member Discussion
• Council Action
AGENDA
APRIL 10, 2024
AMENDED AGENDA
*LATE COMMUNICATION MEMO
AGENDA ITEM NO. 4.1
RECOMMENDATION: Consider placement of a moratorium on the approval of new entitlements for freeway -oriented billboards, and provide direction to adopt an Urgency Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WESTMINSTER, CALIFORNIA, PLACING A MORATORIUM ON THE APPROVAL OF
NEW ENTITLEMENTS FOR FREEWAY- ORIENTED BILLBOARDS TO BE EFFECTIVE IMMEDIATELY AS AN URGENCY MEASURE,” read by title only and waive further reading.
5. REGULAR BUSINESS
5.1 Allocation of Funds for Repair of a Westminster Police Vehicle.
RECOMMENDATION:
A. Approve an increase to the Revenue Budget of Account Number 58000- 39069 (Motor Pool Fund-Reimbs-Other) of $56,769; and
B. Approve an increase to the Expenditure Budget of Account Number 58000- 43090 (Motor Pool-Contractual-Other) of $71,769; and
C. Approve an increase to the Purchase Order to Huntington Beach Bodyworks in the amount of $71,769.
5.2 Award of Contract for the Citywide Street Improvements Project. No. CDBG 23-24.
RECOMMENDATION:
A. Approve the award of contract to the lowest and responsible bidder in the amount of $834,846.80 to COPP Contracting, Inc. and that all other bids be rejected; and
B. Authorize a 10% contingency in the amount of $83,484.68 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.
5.3 Approval of California Department of Tax and Fee Administration Agreements for Implementation of Local Transactions and Use Tax (TUT - Measure E Sales Tax).
RECOMMENDATION:
A. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WESTMINSTER, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND
FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX,” in a form approved by the City Attorney; and
AGENDA
APRIL 10, 2024
AMENDED AGENDA
*LATE COMMUNICATION MEMO
AGENDA ITEM NO. 4.1
B. Adopt a Resolution entitled, “A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, AUTHORIZING THE EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS”; and
C. Authorize a budget increase to the General Fund for $175,000 account Finance Contractual in order to pay the California Department of Fee and Tax Administration for preparatory costs for implementing the transactions and use tax.
5.4 Resolution Recognizing May as Small Business Month and Establishing a Citywide “Small Business of the Year” Recognition Program.
RECOMMENDATION: Consider the request to adopt a Resolution entitled, “A
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER,
CALIFORNIA, RECOGNIZING MAY ANNUALLY AS SMALL BUSINESS MONTH AND ESTABLISHING A CITYWIDE ANNUAL ‘SMALL BUSINESS OF THE YEAR’ RECOGNITION PROGRAM,” and provide direction to implement the program.
5.5 Amendments to Council Policy Regarding Recognition and Proclamations.
RECOMMENDATION: Consider the amendments related to the approval process and the addition of “Certificate in Memoriam,” and provide staff direction regarding the policy for issuing recognition and proclamations.
5.6 Resolution Designating June 19 Annually as “Veterans of the Republic of Vietnam Armed Forces Day” and Establishing a Recognition Ceremony.
RECOMMENDATION: Consider adoption of a Resolution entitled, “A RESOLUTION OF
THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, DESIGNATING JUNE 19 ANNUALLY AS ‘VETERANS OF THE REPUBLIC OF VIETNAM ARMED FORCES DAY’ AND ESTABLISHING A RECOGNITION CEREMONY,” and provide direction.
5.7 Request to Reverse Vote on Previous Action Taken on Item No. 5.6, “Approval of Out- of-State Travel for Remaining Council Members to Attend the Innovating Commerce Serving Communities (ICSC) 2024 Conference at the Las Vegas Convention Center from May 19 thr ough May 21, 2024,” Presented at the March 27, 2024 City Council Meeting.
RECOMMENDATION: Consider the request to reverse the previous vote by Councilwoman Amy Phan West from “Aye” to “Nay,” and provide direction regarding amendment to the public record.
AGENDA
APRIL 10, 2024
AMENDED AGENDA
*LATE COMMUNICATION MEMO
AGENDA ITEM NO. 4.1
6. LEGISLATIVE ITEM
6.1 Declaration of Results of the March 5, 2024, Special Municipal Election and Such Other Matters as Provided by Law.
RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, RECITING THE FACT THAT THE SPECIAL MUNICIPAL ELECTION HELD ON MARCH 5, 2024, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW.”
7. COMMISSION AND COMMITTEE ITEM - None
8. ORAL COMMUNICATIONS – NON-AGENDA ITEMS
THIS IS THE TIME OF THE MEETING THAT MEMBERS OF THE PUBLIC MAY ADDRESS
THE CITY COUNCIL REGARDING ANY NON- AGENDA ITEMS THAT ARE WITHIN THE SUBJECT MATTER JURISDICTION. UNLESS OTHERWISE EXTENDED BY A
MAJORITY VOTE OF THE CITY COUNCIL, COMMENTS SHALL BE LIMITED TO THREE (3) MINUTES PER SPEAKER.
ANY PERSON WISHING TO ADDRESS THE CITY COUNCIL IN PERSON SHOULD
COMPLETE A YELLOW SPEAKER SLIP THAT IS PROVIDED AT THE ENTRANCE TO THE COUNCIL CHAMBERS AND SUBMIT THE CARD TO THE CITY CLERK. WHEN
YOUR NAME IS CALLED, PLEASE STEP TO THE PODIUM AT THAT TIME AND STATE YOUR NAME* AND CITY OF RESIDENCE* (OPTIONAL) FOR THE RECORD.
9. COMMENTS FROM CITY COUNCIL/AGENCY MEMBERS
(Including AB 1234 Report when required)
10. COUNCIL ADJOURNMENT
The next Regular Meeting will be held Wednesday, April 24, 2024, at 6:00 p.m.
DECLARATION: This agenda was posted on the Bulletin Board outside of the Council Chambers, where completely accessible to the public, at least 72 hours in advance of the City Council meeting.
/s/ Ashton R. Arocho, MMC, City Clerk