CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
The City Council of the City of Westminster, California, convened on Wednesday, April 10, 2024, at 5: 45 p. m. in a Closed Session via In- Person, City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
CLOSED SESSION
5: 45 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 5: 46 p. m., on Wednesday, April 10, 2024, via In-Person, at the City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
ROLL CALL MAYOR CHI CHARLIE NGUYEN
PRESENT: VICE MAYOR KIMBERLY HO, DISTRICT 3
COUNCIL MEMBER CARLOS MANZO, DISTRICT 2
COUNCIL MEMBER NAMQUAN NGUYEN, DISTRICT 4
ABSENT: COUNCIL MEMBER AMY PHAN WEST, DISTRICT 1 ( Arrived at 5: 49 p. m.)
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
ORAL COMMUNICATIONS FOR CLOSED SESSION
There was no members of the public present who wished to address the City Council regarding the item.
CLOSED SESSION
City Clerk Arocho read the Closed Session titles into the record:
1. Conference with Legal Counsel pursuant to
Government Code Section 54956. 9( d)( 2): Potential Litigation Number of Case( s): Two ( 2)
The Mayor and the City Council entered Closed Session at 5:47 p.m.
RECESS: Mayor Nguyen recessed the meeting at 6:02 p.m. from Closed Session.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
RECONVENE CITY COUNCIL MEETING: The City Council/ Successor Agency to the Westminster Redevelopment Agency meeting reconvened on Wednesday, April 10, 2024, to Open Session at 6:00 p.m.
REGULAR MEETING
6: 00 PM
CALL TO ORDER
Mayor Nguyen called the Regular Meeting of the City Council/ Successor Agency to the Westminster Redevelopment Agency Meeting to order at 6: 07 p. m., on Wednesday, April 10, 2024, via In- Person, at the City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
ROLL CALL MAYOR CHI CHARLIE NGUYEN
PRESENT: VICE MAYOR KIMBERLY HO, DISTRICT 3
COUNCIL MEMBER AMY PHAN WEST, DISTRICT 1
COUNCIL MEMBER CARLOS MANZO, DISTRICT 2
COUNCIL MEMBER NAMQUAN NGUYEN, DISTRICT 4
ABSENT: None
City Clerk Arocho announced a quorum of the City Council, with all members 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 Manager Director Jodie
Griner
Public Works Director/ City Engineer Jake Ngo
Community Services and Recreation Director Vanessa
Johnson
Deputy Police Chief Ron Weber
Sergeant at Arms Stewart DeJong
Orange County Fire Authority Chief Craig Covey
Deputy City Attorney Scott Porter
Associate Planner Sandie Kim
Contract Planner Debbie Drasler
Maintenance and Utilities Manager Tuan Pham
Civil Engineering Associate Daniel Hsieh
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
SALUTE TO THE FLAG
Council Member Manzo led the flag salute.
INVOCATION
Council Member Phan West conducted the invocation.
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 provided direction to staff. He reported the following motion made in closed session:
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to approve the initiation of a lawsuit.
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN, HO, PHAN WEST, MANZO, N. NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
EX PARTE COMMUNICATIONS — None
CITY CLERK REPORT - None
CITY MANAGER REPORT
City Manager Cordon made the following announcements:
April as Distracted Driving Awareness Month
Sigler Park Playground Ribbon Cutting Ceremony on April 11, 3 p.m.
Earth Day on April 20
Annual Black April 30
Welcome Jeanette Rodriguez, Recreation Leader
Online application and permits — Westminster Build
Following report, Mayor Nguyen thanked staff and those who attended the Bunny Hop event and encouraged the public to attend and support staff by attending events.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
1. SPECIAL PRESENTATION
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.
Mayor Nguyen and the City Council recognized the groups for their respective events.
2. ORAL COMMUNICATIONS — AGENDA ITEMS ONLY
Prior to the comment period, Mayor Nguyen thanked members of the public for coming out to speak during the meeting and reminded the public that oral communication was for agenda items only.
Council Member Phan West explained why she walked out at the last meeting.
The following individuals spoke under oral communications on agenda items only:
1. Michael Verrengia questioned why Agenda Item No. 5.7 was being brought back to the Council and requested the item be removed from the agenda.
Council Member Phan West explained the purpose of Agenda Item No. 5. 7.
2. Terry Rains congratulated those receiving proclamations; congratulated City Clerk Arocho for her recent award at the CCAC Annual Conference; and provided suggested modifications to Agenda Item Nos. 5. 4, 5. 5, and 5. 6. She encouraged Agenda Item No. 5.7 be removed. She asked why the Westminster Community Foundation appointment was not on the agenda and expressed frustration with Council Members Phan West and Nguyen for refusing to stay for Public Comments.
CONSENT CALENDAR
3. 1 City Council and Successor Agency Warrant Registers dated March 21, 2024 through April 3, 2024.
ACTION: The Mayor and City Council received and filed.
3. 2 Approval of Proclamations.
ACTION: The Mayor and City Council approved the following proclamations:
A. Proclamation - Black April Month - April 2024; and
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
B. Proclamation — 55th Annual Professional Municipal Clerks Week.
CONSENT CALENDAR — ALL ITEMS ( 3. 1- 3. 2)
Motion was made by Council Member Manzo, seconded by Vice Mayor Ho, to approve the Consent Calendar.
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN, HO, PHAN WEST, MANZO, N. NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4. PUBLIC HEARING
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.
Mayor Nguyen recused himself from the item due to conflict of interest (property).
Mayor Nguyen left the Chambers at 6: 48 PM.
Vice Mayor Ho continued with the meeting.
Council Member Phan West left the dais at 6: 48 PM.
Council Member Phan West returned to the dais at 6: 49 PM.
Associate Planner Kim provided the staff report.
City Clerk Arocho explained that there was no late communication.
VICE MAYOR HO OPENED THE PUBLIC HEARING.
Eric Higuchi, Applicant, provided a brief presentation outlining the project benefits; income levels; building design; differences between the current and previous project; and parking.
Bob Fard, Retired Housing Foundation, Applicant, explained the work of the Retired Housing Foundation and discussed the importance of the project for affordable housing.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
Rush Porter, Applicant, indicated he was available to respond to questions.
In response to Vice Mayor Ho, Applicant Fard discussed difficulties building in Orange County and provided examples of their projects. He discussed their mission to provide affordable housing and build and hold projects.
In response to Council Member Phan West, Applicant Higuchi discussed the low income units and number of one bedroom and two bedroom units. He indicated they would add more parking if they were able; inclusion of a sidewalk; setbacks and Fire Department requirements; window safety and sound proofing; and landscaping for privacy.
Vice Mayor Ho discussed the recent parking study and confirmed there were over 100 street parking spaces.
Council Member Manzo questioned the applicants' stated that 55 + tenants would not be driving.
Council Member Manzo left the dais at 7: 36 P. M.
Council Member Nguyen questioned the setback. Director Lin commented on front yard setbacks based on health and safety, and uniformed appearance. Council Member Nguyen encouraged additional setback for safety of tenants.
Council Member Manzo returned to the dais at 7: 38 PM.
Applicant discussed the architectural plans and the proposed setbacks. He discussed the landscape, open space, Fire Department clearance, and parking requirements. Council Member Nguyen asked if the proposed open space could be reduced. Assistant City Manager Ozaeta discussed the requirements and lack of opportunity to move the project back. Council Member Nguyen confirmed that the project could be moved back if the parking was reduced.
Council Member Phan West discussed privacy of the current neighbors. Mr. Higuchi, Applicant, discussed parking and landscaping.
The following individuals addressed the Council under oral communications:
1. K.C. Wolbert, Planning Commission Chair, discussed the Housing Crisis Act and potential litigation if the project was not included. He explained the setback and indicated support for the proposed project and encouraged approval.
2. Michael Verrengia expressed concern with privacy for the adjacent neighbors; inaccuracy that the tenants would not be driving; lack of garage parking; lack of local
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
control due to State laws on housing projects; and inaccuracy of potential tenant ethnicity.
3. Terry Rains discussed the need for additional affordable units; income requirements; lack of parking; health, safety and privacy concerns; and assigned parking.
4. Roger Mindrum commented on the Planning Commission Meeting, concurred with Mr. Wolbert and suggested the Council attend or watch that meeting; and discussed State Law restrictions and lack of opportunity to modify the plans.
Applicant Higuchi stated the project was meant to serve individuals in need and encouraged approval.
Applicant Fard commented on projects in Garden Grove and Downtown Los Angeles and expressed appreciation for the hearing process and encouraged approval.
VICE MAYOR HO CLOSED THE PUBLIC HEARING.
VICE MAYOR HO RE- OPENED THE PUBLIC HEARING.
Council Member Manzo thanked the members of the public for participating and voicing their concerns on the project. He commented on the restrictions at the local level due to State Law; affordability of the units; and increasing the minimum income limits. Applicant Fard explained the project' s 100% affordability and restriction on rents in relation to construction costs. He stated it was not possible to change the levels of the AMI restrictions, especially without contribution of affordable housing resources from the City. Council Member Manzo questioned the practicality of the distance of the elevators. Architect explained the location of the elevators and access points. In response to Council Member Manzo, Public Works Director Ngo and Civil Engineer Associate Hsieh commented on the setbacks, sidewalk location, and right of way.
Council Member Manzo discussed safety and suggested adding gates. Applicant Higuchi indicated gates were not appropriate for the property and discussed fence height. Council Member Manzo indicated parking would be an issue and discussed lack of control due to State laws.
In response to Council Member Phan West, Applicant Fard discussed the proposed landscaping and screening for adjacent residents. Architect Win discussed issues with the use of bamboo.
RECESS: Vice Mayor Ho called for a recess at 8: 20 PM.
RECONVENE: Vice Mayor Ho reconvened the meeting at 8:33 PM.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
ROLL CALL
PRESENT: VICE MAYOR KIMBERLY HO, DISTRICT 3
COUNCIL MEMBER AMY PHAN WEST, DISTRICT 1
COUNCIL MEMBER CARLOS MANZO, DISTRICT 2
COUNCIL MEMBER NAMQUAN NGUYEN, DISTRICT 4
ABSENT: MAYOR CHI CHARLIE NGUYEN ( Returned to Chambers at 9: 02 Am-)
In response to Council Member Phan West, Architect Win addressed the architectural design of the building. Council Member Phan West suggested flipping the design. Architect Win explained the sidewalks in the area. Civil Engineer Associate Hsieh stated the sidewalk could be on the curbside rather than building side. Attorney Scott Porter proposed a condition to allow staff and the developer to work together to determine feasibility on redesigning the sidewalk mutually agreeable to the Public Works Director and Developer.
VICE MAYOR HO CLOSED THE PUBLIC HEARING.
Director Lin suggested adding " prior to the issuance of the grading permit." The applicant agreed to the proposed amendment.
In response to Vice Mayor Ho, City Attorney Bettenhausen explained review by Planning Commission and consideration of the Council. Attorney Porter explained that the Municipal Code required density bonus projects be reviewed by both the Planning Commission and City Council. Vice Mayor Ho suggested amending the Code to reduce redundancy.
Council Member Nguyen commented on discussions during the recess and indicated he agreed with the proposed sidewalk and landscaping.
Council Member Phan West expressed appreciation for the applicant working with the City.
Council Member Manzo discussed restrictions due to State law and encouraged continued work with the neighbors.
Motion was made by Council Member Phan West, seconded by Council Member Manzo, to adopt Resolution No. 5250 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, INCLUDING 53 LOWER- INCOME SENIOR HOUSING RENTAL UNITS LOCATED AT 13800, 13802, AND 13812 MILTON AVENUE IN THE CITY OF WESTMINSTER, CA
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
APNS: 203- 311- 13, 16, AND 24)," with Conditions 17 and 18 amended as read into the record.
Vice Mayor Ho discussed the need to audit the project to ensure compliance. City Manager Cordon commented on the lack of strong project management for affordable housing. Vice Mayor Ho requested an update in three months regarding compliance review.
In response to Council Member Phan West, City Attorney Bettenhausen explained the recorded covenant and compliance assurances. City Manager Cordon discussed staffing challenges and efforts to update policies and processes.
Council Member Nguyen concurred with Vice Mayor Ho about the need to ensure compliance.
The motion carried, 4-0, by the following roll call vote:
AYES: HO, MANZO, PHAN WEST, N. NGUYEN
NOES: NONE
ABSENT: C. NGUYEN
ABSTAIN: NONE
Mayor Nguyen returned to Council Chambers at 9: 02 PM.
4. 2 Urgency Ordinance Relating to Placing a Moratorium on the Approval of New Entitlements for Freeway Oriented Billboards.
Council Member Phan West left the dais at 9: 02 PM.
Council Member Manzo recused himself and left the Council Chambers at 9: 03 PM.
City Attorney Bettenhausen noted the 4/5 vote requirement and suggested waiting for all Council Members to be present.
While waiting, Mayor Nguyen commented on his recent trip to Washington D.C.
Council Member Phan West returned to the dais at 9: 05 PM.
Community Development Director Lin provided a presentation.
In response to Council Member Nguyen, Community Development Director Lin commented on current applications. City Manager Cordon clarified that the Code did not address digital billboards.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
Council Member Phan West discussed the timing for updating the Code and application process. Assistant City Manager Ozaeta discussed the required study and efforts to diligently implement as soon as possible. Council Member Phan West discussed the need to ensure marketing and fairness in the application process.
Assistant City Manager Ozaeta explained that the moratorium allowed safety and establishment of metrics.
MAYOR NGUYEN OPENED THE PUBLIC HEARING.
The following individuals addressed the Council:
1. Andrew Fielder commented on the City' s Strategic Planning Goal to achieve financial stability; recent digital billboard application; lack of communication from Staff to applicants and business owners; and request to dismiss the ordinance.
2. Terry Rains commented on the lack of public hearing notice in the newspaper; failure to update the Code prior to applications; 4/ 5th vote requirement for an urgency ordinance; and changing the rules after applications were received.
MAYOR NGUYEN CLOSED THE PUBLIC HEARING.
Mayor Nguyen confirmed the need for the urgency ordinance.
In response to Vice Mayor Ho, City Manager Cordon stated the ordinance was in the works but delayed. Community Development Director Lin explained the needed study prior to creation of an ordinance.
In response to Council Member Phan West, Community Development Director Lin explained there were two expired applications and one incomplete application. He explained that the Planning Commission could not make entitlement approval during the moratorium. City Manager Cordon discussed the need to update the Code.
Motion was made by Mayor Nguyen, seconded by Council Member Phan West, to place a moratorium on the approval of new entitlements for freeway- oriented billboards, and 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.
Council Member Nguyen stated the Code should have been updated a long time ago and it was unfair to the current applicants.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
In response to Council Member Nguyen, City Attorney Bettenhausen clarified that there were two expired applications and one incomplete application. Community Development Director Lin explained the incomplete letter provided to the applicant on February 9, 2024, which had not been resubmitted. Mr. Fielder discussed efforts to comply with the incomplete letter and stated it appeared the urgency ordinance was proposed due to their application. City Manager Cordon stated the moratorium was not about Mr. Fielder' s application.
Vice Mayor Ho expressed concern with the lack of timing for the new Code. City Attorney Bettenhausen explained potential impacts from moratoriums and findings for health and safety.
Council Member Phan West discussed the lack of guidelines for digital billboards and encouraged Staff craft an ordinance and come back for Public Hearing in 45 days.
Mayor Nguyen discussed the need for an ordinance.
In response to Council Member Nguyen, Mr. Fielder expressed concern with the lengthy process for ordinance approval and impact on their application. Assistant City Manager Ozaeta stated Mr. Fielder' s application would continue to be processed, although, the height of the proposed billboard exceeded allowable height. Mr. Fielder explained the proposed variance for height.
Vice Mayor Ho reiterated concern with the lack of a deadline for the ordinance. City Attorney Bettenhausen explained the required hearing in 45 days.
Council Member Phan West discussed the first digital billboard created in 2005 and need for guidelines.
Discussion ensued on the existing application and proposed height rules. Director Lin explained the existing 35-foot height limitation and proposed 90-foot- high billboard.
Mayor Nguyen discussed the need for the moratorium.
In response to Vice Chair Ho, City Attorney Bettenhausen stated staff was recommending the ordinance be updated.
Mayor Nguyen asked if the matter could be tabled. City Manager Cordon stated staff would continue with the effort to update the Code without a moratorium in place.
Motion was made by Mayor Nguyen, seconded by Council Member Phan West, to place a moratorium on the approval of new entitlements for freeway- oriented billboards, and adopt an Urgency Ordinance entitled, " AN ORDINANCE OF THE
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
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.
The motion failed, 3- 1-1-0, by the following roll call vote:
AYES: C. NGUYEN, HO, PHAN WEST
NOES: N. NGUYEN
ABSENT: MANZO
ABSTAIN: NONE
Council Member Manzo returned to Council Chambers at 10:01 p.m.
EXTEND THE MEETING PAST 10: 00 P. M.
Motion was made by Mayor Nguyen, seconded by Council Member Phan West, to extend the meeting past 10:00 PM, per City policy.
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN. HO, PHAN WEST, MANZO, N. NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5. REGULAR BUSINESS
5. 1 Allocation of Funds for Repair of a Westminster Police Vehicle.
Motion was made by Council Member Manzo, seconded by Mayor Nguyen, to:
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.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN. HO, PHAN WEST, MANZO, N. NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5. 2 Award of Contract for the Citywide Street Improvements Project. No. CDBG 23- 24.
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to:
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.
In response to Council Member Nguyen, Public Works Director Ngo explained the pavement management system and selection of streets for improvement. Council Member Nguyen requested photos of the existing conditions. Public Works Director Ngo explained that improvements to arterial street were under different funding and would be brought to the Council in the near future. He discussed increased costs of improvements and static funding for improvements.
Council Member Phan West left the dais at 10: 04 PM.
Council Member Phan West returned to the dais at 10: 06 PM.
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN. HO, PHAN WEST, MANZO, N. NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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).
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
Motion was made by Mayor Nguyen, seconded by Council Member Phan West to:
A. Adopt Resolution No. 5251 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
B. Adopt Resolution No. 5252 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.
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN. HO, PHAN WEST, MANZO, N. NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5. 4 Resolution Recognizing May as Small Business Month and Establishing a Citywide " Small Business of the Year" Recognition Program.
Council Member Phan West and Vice Mayor Ho presented the item.
Council Member Phan West left the dais at 10: 12 PM.
Vice Mayor commented in support.
Council Member Nguyen left the dais at 10: 12 PM.
Council Member Manzo asked the vetting process. City Manager Cordon indicated it would be at the discretion of the Council and the proposed criteria was based on the Orange Chamber of Commerce process.
Council Member Phan West returned to the dais at 10: 15 PM.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
Mayor Nguyen questioned the deadline for nominations.
Council Member Nguyen returned to the dais at 10: 16 PM.
City Manager Cordon responded to the deadline and criteria of applications.
Council Member Phan West discussed excitement for nominations.
Mayor Nguyen expressed concern about the time required to confirm the data in applications. City Manager Cordon stated it would be on the honor system.
Vice Mayor Ho expressed concern with rushing the process and proposed the item be presented at the 2nd meeting of May. City Manager Cordon explained that Small Business Month was the month of May.
Council Member Phan West concurred with recognizing on May 22, 2024.
Council Member Manzo suggested removing the requirement to demonstrate business growth. City Manager Cordon explained the essence to highlight and promote businesses that were contributing in a positive, profitable manner.
Mayor Nguyen asked for clarification on how the business could identify demonstration of community / charity involvement. City Manager Cordon discussed other recognition programs and nominating processes.
Council Member Phan West discussed the importance of recognizing small businesses and explained the standards limiting nomination of businesses contributing to campaigns.
Mayor Nguyen discussed the need to properly vet businesses and ensure lack of conflict of interest.
Discussion ensued regarding nominations of businesses donating to campaigns.
Council Member Nguyen left the dais at 10: 33 PM.
Motion was made by Council Member Phan West, seconded by Vice Mayor Ho, to adopt Resolution No. 5253 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," with recognition on May 22, 2024.
Council Member Nguyen returned to the dais at 10: 36 PM.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
The motion carried, 5-0, by the following roll call vote:
AYES: MANZO, PHAN WEST, N. NGUYEN, HO, C. NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5. 5 Amendments to Council Policy Regarding Recognition and Proclamations.
Council Member Phan West left the dais at 10: 37 PM.
Vice Mayor Ho presented the item.
Council Member Phan West returned to the dais at 10: 38 PM.
Council Member Manzo commented on the addition of" in memoriam" and requests in between meetings. City Manager Cordon explained the timing for placing items on the agenda and practices in other jurisdictions.
Mayor Nguyen explained the process of approving proclamations and Mayoral discretion. He discussed a request the night before an event.
Council Member Phan West left the dais at 10: 58 PM.
Council Member Nguyen left the dais at 10: 59 PM.
Motion was made by Mayor Nguyen, seconded by Council Member Nguyen, to take no action.
Council Member Nguyen returned to the dais at 11: 10 PM.
Council Member Phan West returned to the dais at 11: 10 PM.
Vice Mayor Ho explained that her request for a plaque triggered her to review the policy.
Council Member Manzo disused the need for a fair process.
A Substitute motion was made by Vice Mayor Ho, seconded by Council Member Manzo, to approve the item as presented.
Council Member Phan West requested amending the motion to allow individual Council Members to present certificates within their district.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
The Council discussed the need for a fair process. City Manager Cordon discussed past difficulty in obtaining responses and provided recommendations to the policy.
Amended Motion was made by Mayor Nguyen, to place proclamations on Regular Business and deadline of Thursday at noon.
Amended Substitute Motion was made by Vice Mayor Ho, to place proclamations on Regular Business, deadline of Thursday at noon and use of request form.
By consensus, the City Council tabled the matter and no roll call was taken.
5. 6 Resolution Designating June 19 Annually as " Veterans of the Republic of Vietnam Armed Forces Day" and Establishing a Recognition Ceremony.
Mayor Nguyen requested revising the name to "Armed Forces Day of the Republic of Vietnam Day".
Council Member Manzo suggested the item be a Council Item.
Motion was made by Mayor Nguyen, seconded by Council Member Phan West, to adopt Resolution No. 5254 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, DESIGNATING JUNE 19 ANNUALLY AS ' ARMED FORCES DAY OF THE REPUBLIC OF VIETNAM DAY' AND ESTABLISHING A RECOGNITION CEREMONY," amended to indicate it was a Council item.
Council Member Phan West left the dais at 11: 38 PM.
Council Member Nguyen left the dais at 11: 38 PM.
Council Member Nguyen returned to the dais at 11: 43 PM.
The motion carried, 4-0-1-0, by the following roll call vote:
AYES: C. NGUYEN, HO, MANZO, N. NGUYEN
NOES: NONE
ABSENT: PHAN WEST
ABSTAIN: NONE
Motion was made by Mayor Nguyen, seconded by Vice Mayor Ho, to move Agenda Item No. 6. 1 ahead of Agenda Item No. 5. 7.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
The motion carried, 4-0- 1-0, by the following roll call vote:
AYES: C. NGUYEN, HO, MANZO, N. NGUYEN
NOES: NONE
ABSENT: PHAN WEST
ABSTAIN: NONE
THE FOLLOWING ITEM WAS HEARD OUT OF ORDER
6. LEGISLATIVE ITEM
6. 1 Declaration of Results of the March 5, 2024, Special Municipal Election and Such Other Matters as Provided by Law.
Motion was made by Vice Mayor Ho, seconded by Council Member Manzo, to adopt Resolution No. 5255 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.
The motion carried, 4-0- 1-0, by the following roll call vote:
AYES: C. NGUYEN, HO, MANZO, N. NGUYEN
NOES: NONE
ABSENT: PHAN WEST
ABSTAIN: NONE
Council Member Phan West returned to the dais at 11: 44 PM.
Motion was made by Council Member Nguyen, seconded by Mayor Nguyen, to reconsider the vote in Agenda Item No. 5. 6.
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN, HO, PHAN WEST, MANZO, N. NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
THIS ITEM WAS REHEARD
5. 6 Resolution Designating June 19 Annually as " Veterans of the Republic of Vietnam Armed Forces Day" and Establishing a Recognition Ceremony.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
Motion was made by Mayor Nguyen, seconded by Council Member Nguyen to adopt Resolution No. 5254 entitled, " A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, DESIGNATING JUNE 19 ANNUALLY AS ' ARMED FORCES DAY OF THE REPUBLIC OF VIETNAM DAY' AND ESTABLISHING A RECOGNITION CEREMONY," amended to indicate it was a Council item.
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN, HO, PHAN WEST, MANZO, N. NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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 through May 21, 2024," Presented at the March 27, 2024 City Council Meeting.
Council Member Phan West indicated she wanted the record to reflect she was changing her vote from " yes" to a " no" vote due to Mayor Nguyen' s statement about the election of Vice Mayor Ho and Council Member Manzo.
7. COMMISSION AND COMMITTEE ITEM — None
8. ORAL COMMUNICATIONS - NON- AGENDA ITEMS
The following individuals addressed the Council:
1. Brian Heyman, 1st Vice President of Vietnam Veterans of America Long Beach, thanked the City Council for the recent ceremony and event for the Vietnam Veterans, congratulated staff for their hard work in putting on a great event, and indicated support for the partnership on the June 19 event.
2. Mark Richardson thanked Staff for its hard work and efforts on improvements in local parks and expressed concerns with the plans for pickleball at Westminster Park Village due to noise and parking, and suggested reallocation of funding to other parks.
Council Member Phan West thanked the public for staying to speak.
3. Long Pham commented on public safety concerns and recent assault within the community.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
Council Member Nguyen left the dais at 11: 59 PM.
Council Member Nguyen returned to the dais at 12: 00 AM.
Council Member Phan West left the dais at 12: 01 AM.
Council Member Phan West returned to the dais at 12: 01 AM.
4. Terry Rains commended staff on the Vietnam Veterans event; discussed recent attire of Council Member Nguyen; Council Member Phan West' s comments on pickleball; lack of attendance of Council Members Phan West and Nguyen; campaign contributions; and absences from the dais.
5. Chi Quan thanked the Council for their work.
9. COMMENTS FROM CITY COUNCIL/ AGENCY MEMBERS ( Including AB 1234 Report when required)
Council Member Nguyen thanked staff and the Police Department.
Vice Mayor Ho thanked Staff for the Veterans event and Milton project and welcomed Director Lin for joining the team.
Council Member Manzo thanked Staff for the Veterans event; flexibility on the Bunny Hop event due to poor weather; Milton project; and public for attending.
Vice Mayor Ho congratulated City Clerk Arocho for Pat Hammer' s Spirit Award.
Council Member Phan West thanked Staff for their hard work and public for its participation; and congratulated her husband on their
15th
Anniversary. She
discussed the Fifth and Sixth Amendments.
Mayor Nguyen congratulated Council Member Phan West on her Anniversary and thanked the public and Staff for their hard work and attendance.
10. COUNCIL ADJOURNMENT
Mayor Nguyen adjourned the meeting at 12:14 a.m. on Thursday, April 11, 2024.
The next Regular Meeting will be held on Wednesday, April 24, 2024, at 6: 00 p. m.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
Respectfully submitted:
I
l( I 40, 0 0
ON R A • CHO, MMC
CITY CLERK
APPROVED:
CHI CHARLIE NGUYE
MAYOR
ATTEST:
f" ko
Kw ON R. ' ROCHO, MMC
CITY CLERK
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY APRIL 10, 2024
MINUTES OF REGULAR MEETING
PAGE INTENTIONALLY LEFT BLANK