CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY MAY 22, 2024
MINUTES OF REGULAR MEETING
The City Council of the City of Westminster, California, convened on Wednesday, May 22, 2024, at 4: 00 PM in a Closed Session via In -Person, City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
CLOSED SESSION
4: 00 PM
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 4:06 PM, on Wednesday, May 22, 2024, via In -Person, at the City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
ROLL CALL MAYOR CHI CHARLIE NGUYEN
PRESENT: COUNCIL MEMBER AMY PHAN WEST, DISTRICT 1
COUNCIL MEMBER CARLOS MANZO, DISTRICT 2
COUNCIL MEMBER NAMQUAN NGUYEN, DISTRICT 4
ABSENT: VICE MAYOR KIMBERLY HO, DISTRICT 3 ( Arrived at 4. 14 PM)
Records Coordinator Guzman announced a quorum of the City Council present.
STAFF PRESENT: City Manager Christine Cordon
City Attorney Christian Bettenhausen
Assistant City Manager Adolfo Ozaeta
Records Coordinator Daisy Guzman
Administrative Assistant Tanya Ramirez
Police Chief Darin Lenyi
Deputy Police Chief Ron Weber
ORAL COMMUNICATIONS FOR CLOSED SESSION
The following individuals addressed the Council:
1. Camilla Overbeek discussed the failures of City Attorney Bettenhausen related to the Westminster Community Foundation.
2. Terry Rains spoke regarding City Attorney Bettenhausen and in favor of terminating agreement with Jones and Mayer.
Vice Mayor Ho arrived at the meeting at 4: 14 PM.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY MAY 22, 2024
MINUTES OF REGULAR MEETING
CLOSED SESSION
Records Coordinator Guzman read Closed Session items into record A. Conference with Legal Counsel pursuant to
Government Code Section 54956. 9( d)( 2): Potential Litigation Number of Case( s): One ( 1)
B. Pursuant to Government Code Section 54957:
Public Employee Performance Evaluation
Title: City Attorney
The Mayor and the City Council entered Closed Session at 4: 14 PM RECESS: Mayor Nguyen recessed the meeting at 5:55 PM from Closed Session.
RECONVENE CITY COUNCIL MEETING: The City Council/ Successor Agency to the Westminster Redevelopment Agency meeting reconvened on Wednesday, May 22, 2024, to Open Session at 6: 00 PM.
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: 11 PM, on Wednesday, May 22, 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
ABSENT: COUNCIL MEMBER NAMQUAN NGUYEN, DISTRICT 4
Arrived at 6: 13 PM)
Records Coordinator Guzman announced a quorum of the City Council.
STAFF PRESENT: City Manager Christine Cordon
City Attorney Christian Bettenhausen
Assistant City Manager Adolfo Ozaeta
Records Coordinator Daisy Guzman
Administrative Assistant Tanya Ramirez
CITY COUNCIL/ SUCCESSOR AGENCY TO THE
WESTMINSTER REDEVELOPMENT AGENCY
MINUTES OF REGULAR MEETING
SALUTE TO THE FLAG
WESTMINSTER, CALIFORNIA
MAY 22, 2024
Finance Director Erin Backs
Police Chief Darin Lenyi
Human Resources and Risk Manager Director
Griner
Public Works Director / City Engineer Jake Ngo
Community Services and Recreation Director
Johnson
Deputy Police Chief Ron Weber
Community Development Director Catherine Lin
Sergeant at Arms Stewart DeJong
Orange County Fire Authority Craig Covey
Council Member Phan West led the flag salute.
INVOCATION
Vice Mayor Ho conducted the invocation.
Council Member Nguyen entered the meeting at 6:13 PM.
CLOSED SESSION REPORT
Jodie
Vanessa
City Attorney Bettenhausen and City Manager Cordon reported that the Closed Session items were discussed, and no reportable action was taken.
EX PARTE COMMUNICATIONS — None.
CITY CLERK REPORT — None.
CITY MANAGER REPORT
City Manager Cordon made the following announcements:
Westminster Code 3 Team Annual Ride honoring the fallen officers Community Outreach Meetings for Sigler Park and Community Garden Opening of Splash Pad
Senior Center Father' s Day Celebration
Fall Festival on September 26- 29
Council Member Nguyen left the dais at 6: 12 PM.
Council Member Nguyen returned to the dais at 6: 13 PM.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY MAY 22, 2024
MINUTES OF REGULAR MEETING
City Manager Cordon discussed the successful trip to the recent ICSC Conference and requested reordering Agenda Item Nos. 7. 1 and 7.2 to be heard following the Consent Calendar.
Council Member Nguyen left the dais at 6: 14 PM.
1. SPECIAL PRESENTATION
Council Member Nguyen returned to the dais at 6A6 PM.
A. Update from the Westminster Community Foundation.
K.C. Wolbert provided an update on past activity including the TET Gala; future activities including participation in the Fall Festival, summer concerts and looking at ways to raise money; internal updates including recently launched website to accept and track electronic donations, and work with the City Attorney to ensure a long- lasting organization to the City.
Vice Mayor Ho congratulated the Foundation on its first year and asked for a list of in- kind donations.
Mayor Nguyen thanked the Foundation for the presentation.
Council Member Phan West commended the Foundation on its first year of fundraising.
In response to Council Member Manzo, Mr. Wolbert explained the efforts to operate autonomously and the process of auctions and opportunity buys.
B. Presentation of Proclamation for Older Americans Month.
Mayor Nguyen read the Proclamation Proclaiming May 2024 as Older Americans Month.
C. Presentation of Certificate of Recognition for Cadet Ramon Navarro ( OCFA Post 1).
Mayor Nguyen and the entire City Council recognized Cadet Ramon Navarro.
D. Recognition of 2024 Small Business Month Honorees:
Taco Grill, Honored by Mayor Nguyen
Seafood Paradise, Honored by Vice Mayor Ho
A -Team Jiu Jitsu, Honored by Council Member Phan West
WAGS Pet Adoption, Honored by Council Member Manzo
Prepped with Love, Honored by Council Member Nguyen
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY MAY 22, 2024
MINUTES OF REGULAR MEETING
Mayor Nguyen presented the awards to each business and each Council Member explained the business selected.
Council Member Nguyen left the dais at 6: 39 PM.
Council Member Nguyen returned to the dais at 6: 40 PM.
RECESS: Mayor Nguyen called a recess at 7: 15 PM.
RECONVENE: Mayor Nguyen reconvened the meeting at 7: 21 PM.
ROLL CALL MAYOR CHI CHARLIE NGUYEN
PRESENT: VICE MAYOR KIMBERLY HO, DISTRICT 3
COUNCIL MEMBER AMY PHAN WEST, DISTRICT 1
COUNCIL MEMBER NAMQUAN NGUYEN, DISTRICT 4
ABSENT: COUNCIL MEMBER CARLOS MANZO, DISTRICT 2 ( Arrived at 7: 24 PM)
Motion was made by Mayor Nguyen, seconded by Council Member Nguyen, to move Agenda Item Nos. 7. 1 and 7.2 to be heard following the Consent Calendar.
Council Member Manzo entered the meeting at 7.24 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
2. ORAL COMMUNICATIONS — AGENDA ITEMS ONLY
The following individuals spoke under oral communications on agenda items only:
1. Michael Verrengia, Westminster, spoke regarding Items 5.6 and 5.7, actions by Council Member Phan West and false accusations, and the negative view of the City Council. He urged the Mayor to stop the behavior of Council Member Phan West.
Council Member Phan West left the dais at 7: 25 PM.
Council Member Phan West returned to the dais at 7: 26 PM.
2. Tami Hammell, concurred with Mr. Verrerngia regarding Items 5.6 and 5.7 and discussed the behavior of Council Member Phan West.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY MAY 22, 2024
MINUTES OF REGULAR MEETING
3. Jessica Lostaunau addressed the Council in favor of Agenda Item No. 5. 5, expressed concern regarding the time change in Agenda Item No. 7. 1, and provided suggestions on Agenda Item No. 5. 7.
4. Camilla Overbeek provided clarification on Presentation Item 1A and indicated the raffle was illegal.
5. Jodi Boyd discussed Agenda Item Nos. 3. 2 and 3. 4, expressed concern about the status of the smoke shops and backlog of items under Agenda Item No. 5.7.
6. Roger Mindrum discussed Agenda Item No. 5. 7 and read a bible verse and discussed Council Member Phan West' s behavior. He thanked the Public Works Department for a successful open house.
Mayor Nguyen left the dais at 7: 44 PM.
7. Terry Rains congratulated the small business honorees; thanked the Council for recognizing older Americans; suggested removing the Mayor' s ability to award certificates not within the regulations; urged full compliance by the Foundation; discussed the need to properly record the time when Council Member Phan West left the dais, asked about body cams for parking and code enforcement staff; suggested local food vendor participation under Agenda Item No. 5. 5; and commented on Council Member Phan West' s violations and suggested censure.
Mayor Nguyen returned to the dais at 7. 46 PM.
3. CONSENT CALENDAR
Mayor Nguyen pulled Agenda Item Nos. 3. 3 and 3. 5.
Council Member Manzo pulled Agenda Item No. 3. 7.
Vice Mayor Ho pulled Agenda Item Nos. 3. 4 and 3. 7.
Council Member Phan West pulled Agenda Item Nos. 3. 8, 3. 9 and 3. 10.
3. 1 Minutes of the City Council and the Successor Agency to the Westminster Redevelopment Agency.
ACTION: The Mayor and City Council reviewed and approved the minutes as presented for the dates listed below:
A. April 10, 2024 ( Special Meeting — Study Session);
B. April 10, 2024 ( Special Meeting — Strategic Planning); C. April 24, 2024 ( regular Meeting); and
CITY COUNCIUSUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY MAY 22, 2024
MINUTES OF REGULAR MEETING
D. May 3, 2024 ( Special Meeting).
3. 2 City Council and Successor Agency Warrant Registers dated May 2, 2024 through May 15, 2024.
ACTION: The Mayor and City Council received and filed.
3. 3 THIS ITEM WAS PULLED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION ( SEE END OF CONSENT CALENDAR).
3. 4 THIS ITEM WAS PULLED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION ( SEE END OF CONSENT CALENDAR).
3. 5 THIS ITEM WAS PULLED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION ( SEE END OF CONSENT CALENDAR).
3. 6 Approval of Proclamations.
ACTION: The Mayor and City Council approved the following proclamations:
A. Proclamation — Juneteenth
B. Proclamation - Republic of Vietnam Armed Forces Day
C. Proclamation - Parks Make Life Better
3. 7 THIS ITEM WAS PULLED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION ( SEE END OF CONSENT CALENDAR).
3. 8 THIS ITEM WAS PULLED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION ( SEE END OF CONSENT CALENDAR).
3. 9 THIS ITEM WAS PULLED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION ( SEE END OF CONSENT CALENDAR).
3. 10 THIS ITEM WAS PULLED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION ( SEE END OF CONSENT CALENDAR).
CONSENT CALENDAR — ALL ITEMS ( 3. 1- 3. 10)
Motion was made by Council Member Manzo, seconded by Vice Mayor Ho, to approve the Consent Calendar with Agenda Item Nos. 3. 3, 3. 4, 3. 5, 3. 7, 3. 8, 3. 9 and
3. 10 pulled for separate discussion.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY MAY 22, 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
AGENDA ITEM( S) PULLED FROM CONSENT CALENDAR FOR SEPARATE
DISCUSSION
3. 3 City of Westminster 2023 Fire Statistics.
Orange County Fire Authority Division Chief Covey provided an overview of the 2023 Fire Statistics.
Mayor Nguyen expressed appreciation to Chief Covey for his communication and responsiveness.
Motion was made by Mayor Nguyen, seconded by Council Member Phan West, to receive and file the report.
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
3. 4 Treasurer' s Report for April 2024.
Finance Director Erin Backs summarized the Treasurer' s Report.
In response to Council questions, Finance Director Backs provided information on the services provided by Chandler Asset Management, and better than benchmark return.
Motion was made by Vice Mayor Ho, seconded by Council Member Phan West, to receive and file the report.
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
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY MAY 22, 2024
MINUTES OF REGULAR MEETING
3. 5 City of Westminster Crime Statistics — A First Quarter Comparison for 2023 and 2024.
Police Chief Darin Lenyi presented the crime statistics.
Council Member Phan West left the dais at 8:11 p.m.
In response to Council questions, Chief Lenyi explained similar resources and the slight increase in statistics; rap statistics; impact on home and auto insurance; and change to the NIBRS reporting system.
Council Member Phan West returned to the dais at 8:13p.m.
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to receive and file the report.
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
3. 7 Approve and Authorize Execution of Amendment No. 6 to Cooperative Agreement No. C-5-3615 between Orange County Transportation Authority OCTA) and the City of Westminster for 1-405 Improvement Project.
Council Member Manzo questioned the need for an Amendment.
Mayor Nguyen left the dais at 8: 16 p. m.
In response to Council Member Manzo, Assistant City Manager Ozaeta explained issues with the contractor; completion of the punch list; money spent on the project and payments provided by OCTA; and competitive selection of consultants.
Mayor Nguyen returned to the dais at 8: 18 p.m.
Motion was made by Council Member Manzo, seconded by Council Member Phan West, to approve Amendment No. 6 to Cooperative Agreement No. C- 5- 3615 between Orange County Transportation Authority and the City of Westminster for the 1-405 Improvement Project and authorize the City Manager to execute the amendment on behalf of the City.
The motion carried, 5-0, by the following roll call vote:
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY MAY 22, 2024
MINUTES OF REGULAR MEETING
AYES: C. NGUYEN, HO, PHAN WEST, MANZO, N. NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
3. 8 Resolution Authorizing the City Manager or the Public Works Director to Execute Agency - State Master Agreement No. 12- 5338521 and all Program Supplements Federal and State Funded Projects.
Council Member Phan West asked regarding the covenant amounts.
In response to Council questions, Public Works Director / City Engineer Jake Ngo and City Manager Cordon explained that no general funds were used; one time funding received; update on funds spent and received; and process to notify the Council of grants received.
Motion was made by Council Member Phan West, seconded by Council Member Nguyen, to adopt Resolution No. 5258 entitled, " A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, APPROVING MASTER AGREEMENT NO. 12- 5338S21 BETWEEN THE CITY OF
WESTMINSTER AND THE STATE DEPARTMENT OF TRANSPORTATION AND
AUTHORIZING THE EXECUTION OF THE MASTER AGREEMENT AND
SUPPLEMENTAL AGREEMENTS FOR FEDERAL- AND STATE - FUNDED PROJECTS."
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
3. 9 Adoption of Plans and Specifications and Authorization to Solicit Construction Bids for the Playground Renovation Project for Tony Lam Park.
Council Member Phan West asked where the funding will be pulled from to support the project.
In response to Council questions, Public Works Director / City Engineer Jake Ngo, and Assistant City Manager Ozaeta explained the potential need to allocate funds from the Park Dedication Funds for amount over $ 182, 000; and use of Townsend for grant efforts.
Motion was made by Council Member Manzo, seconded by Council Member Phan West, to:
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY MAY 22, 2024
MINUTES OF REGULAR MEETING
A. Approve the plans and specifications for the Playground Renovation Project for Tony Lam Park, and authorize the Public Works Director or City Engineer to approve minor modifications to the plans and specifications to accommodate requested revisions from public safety and utility agencies; and B. Authorize the Public Works Department to advertise and solicit construction bids for said project.
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
3. 10 Second Reading and Adoption of Ordinance No. 2611, Amending Title 2.04 Administration and Personnel, City Council) of the Westminster Municipal Code Adding Section 2.04.135 ( Electronic Filing of Campaign Disclosure Information).
Council Member Phan West questioned the costs associated with the item.
In response to Council questions, City Manager Cordon explained electronic filling; cost to implement the system; and time and money savings.
Council Member Phan West expressed concern about the statements being posted online. City Manager Cordon explained the legal requirements.
Motion was made by Council Member Phan West, seconded by Vice Mayor Ho, to conduct a second reading and adopt Ordinance No. 2611 entitled, " AN
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
WESTMINSTER, CALIFORNIA, AMENDING TITLE 2. 04 ( ADMINISTRATION AND
PERSONNEL, CITY COUNCIL) OF THE WESTMINSTER MUNICIPAL CODE ADDING 2. 04. 135 ( ELECTRONIC FILING OF CAMPAIGN DISCLOSURE
INFORMATION) TO MANDATE ELECTRONIC AND PAPERLESS FILING OF
CAMPAIGN FINANCE DISCLOSURE STATEMENTS BY ELECTED OFFICIALS, CANDIDATES, OR COMMITTEES," read by title only and waive further reading.
During the roll call vote, Council Member Nguyen raised concerns about the user - end of the system.
In response to Council Member Nguyen, City Attorney Bettenhausen explained mandatory electronic filing, with some exceptions.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE
WESTMINSTER REDEVELOPMENT AGENCY
MINUTES OF REGULAR MEETING
4. WESTMINSTER, CALIFORNIA
MAY 22, 2024
Both Council Member Phan West and Council Member Nguyen commented on their desire to still be able to file with a paper filing.
Discussion regarding the original motion and potential amendment continued.
Council Member Phan West withdrew her motion.
Discussion ensued regarding the motion( s) on the floor.
Council Member Phan West noted her intention to amend her original motion to defer this item to the next meeting.
Amended Motion was made by Council Member Phan West, seconded by Council Member Nguyen, to defer the item to the next meeting.
Substitute Motion was made by Council Member Manzo, seconded by Vice Mayor Ho, to conduct a second reading and adopt Ordinance No. 2611 entitled, " AN
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
WESTMINSTER, CALIFORNIA, AMENDING TITLE 2. 04 ( ADMINISTRATION AND
PERSONNEL, CITY COUNCIL) OF THE WESTMINSTER MUNICIPAL CODE ADDING 2. 04. 135 ( ELECTRONIC FILING OF CAMPAIGN DISCLOSURE
INFORMATION) TO MANDATE ELECTRONIC AND PAPERLESS FILING OF
CAMPAIGN FINANCE DISCLOSURE STATEMENTS BY ELECTED OFFICIALS, CANDIDATES, OR COMMITTEES," read by title only and waive further reading.
The substitute motion carried, 3-2, by the following roll call vote:
AYES: C. NGUYEN, HO, MANZO
NOES: PHAN WEST, N. NGUYEN
ABSENT: NONE
ABSTAIN: NONE
PUBLIC HEARING - None
THE FOLLOWING ITEMS WERE HEARD OUT OF ORDER
7. COMMISSION AND COMMITTEE ITEM
7. 1 Update of the Civic Center Pay Parking Policy.
Assistant City Manager Ozaeta presented a PowerPoint outlining the background of parking and the proposed policy.
Mayor Nguyen left the dais at 8:51 p.m.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY MAY 22, 2024
MINUTES OF REGULAR MEETING
In response to Council questions, Assistant City Manager Ozaeta and Chief Lenyi explained exceptions to parking fees; potential revenue; infrastructure improvements; ADA rate set by the State; College and Court House parking; and parking enforcement.
Mayor Nguyen returned to the dais at 8.54 p.m.
Council Member Phan West discussed rates in surrounding cities; the need for reasonable fees in the public arena; and enforcement.
Council Member Nguyen left the dais at 8:57 p.m.
City Manager Cordon explained use of the parking lot by those doing business with the City and use by the Court House and College.
Council Member Manzo discussed enforcement once the policy was approved. In response to Council Member Manzo, Assistant City Manager Ozaeta explained the process of issuing parking passes; the need to reinvest in the parking infrastructure; and attempt to recover costs while charging reasonable rates.
Vice Mayor Ho left the dais at 9:05 p.m.
In response to Council Member Nguyen, Assistant City Manager Ozaeta indicated staff had not completed an estimate for infrastructure improvements and clarified that parking for Council Meetings would be free.
Vice Mayor Ho returned to the dais at 9: 11 p.m.
In response to Vice Mayor Ho, Public Works Management Analyst Veronica Johnson listed the members of the Traffic Commission and vote on the matter. Vice Mayor Ho confirmed that the public attending Council meetings would not be charged. She expressed concern with comments by Council Member Phan West.
Council Member Nguyen returned to the dais at 9:13p.m.
Motion was made by Council Member Nguyen, seconded by Vice Mayor Ho, to:
A. Approve the Update of the Civic Center Pay Parking System Policy; and B. Adopt Resolution No. 5261 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
UPDATING PARKING RATES AND HOURS OF OPERATION;" and
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY MAY 22, 2024
MINUTES OF REGULAR MEETING
C. Adopt Resolution No. 5262 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
UPDATING FINES FOR PAY STATION VIOLATIONS."
Council Member Phan West discussed the City' s rates versus market rates; increased taxes and gouging of residents; and funds available for maintenance of the parking lot.
In response to Vice Mayor Ho, Assistant City Manager Ozaeta and Public Works Director Ngo explained the cost to maintain the parking lots. Vice Mayor Ho explained the valid uses for the tax increases.
In response to Mayor Nguyen, Assistant City Manager Ozaeta stated room rentals and City sanctioned events would not have to pay the parking fee. Mayor Nguyen requested ensuring adequate signage and dissemination of information about the new policy.
Council Member Phan West discussed the need to enforce the current policy and pricing. City Manager Cordon explained that fees were not charged during COVID and limited staff reduced the ability to issue citations.
Substitute Motion was made by Council Member Phan West, moved to enforce the current policy and pricing.
The substitute motion failed due to lack of a second.
Motion was made by Council Member Nguyen, seconded by Vice Mayor Ho, to:
A. Approve the Update of the Civic Center Pay Parking System Policy; and B. Adopt Resolution No. 5261 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
UPDATING PARKING RATES AND HOURS OF OPERATION;" and
C. Adopt Resolution No. 5262 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
UPDATING FINES FOR PAY STATION VIOLATIONS."
The motion carried, 4- 1, by the following roll call vote:
AYES: C. NGUYEN, HO, MANZO, N. NGUYEN
NOES: PHAN WEST
ABSENT: NONE
ABSTAIN: NONE
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY MAY 22, 2024
MINUTES OF REGULAR MEETING
7. 2 Adoption of the Updated Engineering and Traffic Survey for 17 Street Segments and Introduction of an Ordinance Amending the Westminster Municipal Code Concerning Speed Limits within the City.
Assistant City Manager Ozaeta presented a PowerPoint outlining the methodology and recommended action.
Council Member Manzo left the dais at 9:40 p.m.
Council Member Phan West left the dais at 9:41 p.m.
In response to Council Member Nguyen, Assistant City Manager Ozaeta explained increases to speed limits.
Council Member Manzo returned to the dais at 9:43 p.m.
In response to Council Member Manzo, Assistant City Manager Ozaeta explained the fiscal impact with modifying the signs.
Council Member Phan West returned to the dais at 9.45 p.m.
Vice Mayor Ho commended staff for its work.
In response to Council Member Phan West, Assistant City Manager Ozaeta further explained the cost to implement speed limit changes.
Motion was made by Council Member Phan West, seconded by Mayor Nguyen, to..
A. Adopt the Updated Engineering and Traffic Survey for 17 Street Segments; and B. Introduce an Ordinance entitled, " AN ORDINANCE OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, TO AMEND SECTION 10. 64. 010, TITLE 20 ( VEHICLES AND TRAFFIC) OF THE
WESTMINSTER MUNICIPAL CODE CONCERNING SPEED LIMITS WITHIN THE CITY", read by title only and waive further reading.
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
EXTEND THE MEETING PAST 10: 00 P. M.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY MAY 22, 2024
MINUTES OF REGULAR MEETING
Motion was made by Mayor Nguyen, seconded by Council Member Phan West, to continue the meeting past 10 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 Continued from the May 8, 2024 Regular Meeting — Appointment to the Westminster Community Foundation.
Motion was made by Mayor Nguyen, seconded by Council Member Phan West, to appoint Hauwie Tieu ( Council Member NamQuan Nguyen' s appointee) to the Westminster Community Foundation to fill the unscheduled vacancy for a term ending January 2025.
The motion carried, 5-0, by the following roll call vote.- AYES:
ote:
AYES: C. NGUYEN, HO, PHAN WEST, MANZO, N. NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5. 2 City of Westminster Three -Year Strategic Plan and Updated Six -Month Objectives.
Motion was made by Council Member Phan West, seconded by Mayor Nguyen, to adopt the six- month strategic objectives matrix for April 10, 2024 through November 1, 2024.
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 City of Westminster Safe Routes to School Plan.
Assistant City Manager Ozaeta presented a PowerPoint and thanked Management Analyst Johnson for taking the lead on the project.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY MAY 22, 2024
MINUTES OF REGULAR MEETING
Management Analyst Johnson thanked the project team and continued the PowerPoint presentation.
Mayor Nguyen expressed his appreciation to staff and thanked all those involved in the project.
Council Member Manzo thanked staff and expressed excitement for safer streets and beautifying the City.
Motion was made by Mayor Nguyen, seconded by Council Member Phan West, to adopt Resolution No. 5259 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, ADOPTING THE CITY OF WESTMINSTER SAFE ROUTES TO SCHOOL PLAN."
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 Agreement for Axon Enterprises Inc. for the Purchase of Body Worn Cameras, Tasers, Dash Cameras, Related Equipment, 10 Years of Storage and Related Services.
Chief Lenyi provided a brief explanation of body worn cameras; the need for in -car video; use by non -sworn Police Department staff; data storage, cost savings with subscription; and use of grant funds.
Mayor Nguyen discussed the need to protect Police Department staff.
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to:
A. Approve the Agreement for AXON Enterprise Inc. for the purchase of body worn cameras, Tasers, in -vehicle dash cameras, related video equipment, 10 years of data storage and related services beginning in Fiscal Year 2024- 2025 until Fiscal Year 2033- 2034 with a 10 -year total cost of $ 5, 251, 463. 32; and
B. Authorize the City Manager or her designee to execute the amended agreement, in a form approved by the City Attorney.
Council Member Phan West suggested the need for a request for proposals ( RFP).
Chief Lenyi explained the total cost; single source company; and evidence storage accepted by the District Attorney.
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Mayor Nguyen indicated he believed the matter had been appropriately vetted.
Council Member Phan West questioned the deadline/ completion of agreement and why an RFP had not been issued. Chief Lenyi explained the devices used and single source company.
Council Member Manzo thanked Chief Lenyi for the presentation. Chief Lenyi explained the use of tasers, and upgrades to body worn cameras and dash cameras.
He estimated savings of over $ 2.2 million. City Attorney Bettenhausen explained money savings due to the equipment and litigation. Council Member Manzo indicated he felt the cost was reasonable.
Council Member Nguyen agreed with the need for an RFP but supported the Police Department. Chief Lenyi stated the cost was for the next 10 - years.
Vice Mayor Ho discussed the initial consideration and skepticism and indicated strong support for the proposed bundle, savings and contract.
Council Member Nguyen left the dais at 10: 42 PM.
Council Member Nguyen returned to the dais at 10: 45 PM.
Council Member Phan West reiterated her request for an RFP. Chief Lenyi clarified a shorter term would increase the cost.
Substitute Motion was made by Council Member Phan West, seconded by Council Member Nguyen, to:
A. Approve the Agreement for AXON Enterprise Inc. for the purchase of body worn cameras, Tasers, in -vehicle dash cameras, related video equipment, 5 years of data storage and related services beginning in Fiscal Year 2024- 2025 until Fiscal Year 2033- 2034 with a 5 -year total cost of $ 5, 251, 463. 32; and B. Authorize the City Manager or her designee to execute the amended agreement, in a form approved by the City Attorney.
The substitute motion failed, 2-3, by the following roll call vote:
AYES: N. NGUYEN, PHAN WEST
NOES: C. NGUYEN, HO, MANZO,
ABSENT: NONE
ABSTAIN: NONE
Councilmember Phan West indicated support for the Police Department and explained the $ 5 million contract should go to RFP.
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Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to:
A. Approvethe Agreementfor AXON EnterpriseInc. for the purchaseof body worn cameras, Tasers, in -vehicle dash cameras, related video equipment, 10 years of data storage and related services beginning in Fiscal Year 2024-2025 until Fiscal Year 2033- 2034 with a 10 -year total cost of $ 5, 251, 463. 32; and B. Authorize the City Manager or her designee to execute the amended agreement, in a form approved by the City Attorney.
The motion carried, 4-1, by the following roll call vote:
AYES: C. NGUYEN, HO, MANZO, N. NGUYEN
NOES: PHAN WEST
ABSENT: NONE
ABSTAIN: NONE
5. 5 Request to add a Community Barbeque to the Summer Concert/ National Night Out Event on August 8, 2024 at the Civic Center.
Council Member Phan West discussed the importance of the event.
Mayor Nguyen left the dais at 10: 53 PM.
Motion was made by Council Member Phan West, seconded by Council Member Nguyen, to add a Community Barbecue to the Summer Concert/ National Night Out event on August 8, 2024, at the Civic Center.
Vice Mayor Ho discussed other events and suggested they be spread out. She expressed concern with the matter being placed on the agenda to "grandstand" and impact on small businesses and increased work for staff.
Mayor Nguyen returned to the dais at 10: 55 PM.
Council Member Manzo concurred with Vice Mayor Ho and suggested conversations with staff rather than grandstanding.
In response to Council Member Nguyen, Community Services and Recreation Director Johnson explained the guarantees required by food truck vendors.
Mayor Nguyen stated it was not necessary to spend time on the request.
Substitute Motion was made by Council Member Manzo, seconded by Vice Mayor Ho, to take no action.
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The substitute motion carried, 3-2, by the following roll call vote:
AYES: C. NGUYEN, HO, MANZO
NOES: N. NGUYEN, PHAN WEST
ABSENT: NONE
ABSTAIN: NONE
5. 6 Request to Adopt a Resolution Reaffirming Resolution No. 5088, Regarding the City of Westminster Code of Ethics and Conduct for Elected and Appointed Officials.
Council Member Nguyen discussed disagreements amongst the Council and the need to place the correct names on staff reports
Council Member Phan West requested speaking last. Mayor Nguyen denied the request. Council Member Phan West discussed the Code of Ethics for the public and Council. She agreed that the Council was the " laughingstock" around town. She indicated staff respected each other but the Council did not respect the other Councilmembers. She read Exhibit A into the record and encouraged the Council agree to holding each other to a higher standard.
Council Member Manzo stated the Council had already signed the Code of Ethics.
He discussed instances that Council Member Phan West had violated the Code.
Vice Mayor Ho suggested Council Member Phan West follow the policy. She discussed the Police report and false accusations made towards Council Member Manzo and expressed concern about potential litigation against the City.
Council Member Nguyen left the dais at 11: 24 PM.
Mayor Nguyen explained his role as Mayor and discussed Council Member Phan West' s violations of the Code.
Council Member Phan West responded to Mayor Nguyen' s comments and indicated she was constantly interrupted during meetings and not treated equally.
Council Member Nguyen returned to the dais at 11: 32 PM.
Motion was made by Council Member Phan West, seconded by Council Member Nguyen, to reaffirm Resolution No. 5088 regarding the City Council Code of Ethics and adopt a Resolution entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, REAFFIRMING RESOLUTION NO. 5088
REGARDING THE CITY OF WESTMINSTER CODE OF ETHICS AND CONDUCT FOR ELECTED AND APPOINTED OFFICIALS."
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Council Member Manzo addressed Council Member West' s comments and encouraged her to not act like a victim.
Substitute Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to take no action.
Council Member Nguyen discussed the need to come up with a solution.
During the roll call vote for the substitute motion, Council Member Phan West read a portion of the Code aloud.
The substitute motion carried, 3-2, by the following roll call vote.- AYES:
ote:
AYES: C. NGUYEN, HO, MANZO
NOES: PHAN WEST, N. NGUYEN
ABSENT: NONE
ABSTAIN: NONE
Request to Revise Process for Placement of Agenda Items and Calling of City Council Special Meetings.
Council Member PhanWest requested the names of the Council Member requesting a special meeting be listed on the agenda to ensure a quorum. She discussed the proposed process for requesting items on an agenda.
Council Member Nguyen explained that Council Member Phan West had requested a special meeting and her name was not on the staff report. Council Member Phan West read the text messages between her and City Manager Cordon regarding the events that led up to special meeting and her not being acknowledged.
In response to Council Member Nguyen, City Manager Cordon reviewed the texts and phone calls between herself, Vice Mayor Ho, Council Member Phan West, and the Mayor regarding the May 8 Special Meeting. She explained the difference between initiating and calling for a special meeting. Mayor Nguyen further explained the process of calling for a special meeting.
Discussion ensued regarding the difference between calling for an item and calling for special meeting.
In response to Mayor Nguyen, City Attorney Bettenhausen explained the process for calling special meetings.
Vice Mayor Ho also read text message communications regarding the May 8, 2024, Special Meeting and discussed her initiation of the Jane Fonda matter.
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Council Member Manzo expressed concern with the need to have credit for putting an item on the agenda rather than the actual issue.
In response to Council Member Manzo, City Attorney Bettenhausen explained the process for calling a special meeting. Council Member Manzo suggested the improper perception of having three names on an agenda. City Attorney Bettenhausen indicated he always advocated against any appearance of impropriety. Council Member Manzo discussed several other issues more important than who got credit for an agenda item or special meeting.
Council Member Phan West explained why she was requesting the policy. She discussed the timing of her press release.
Motion was made by Council Member Manzo, seconded by Vice Mayor Ho, to not put the name of who called the special meeting on the agenda.
City Manager Cordon explained that names of who called a special meeting were not on the agenda. She expressed concern with the possibility of competing agenda reports.
Discussion ensued regarding the current policy and issues surrounding the Jane Fonda proclamation.
City Manager Cordon explained the process of placing a matter on an agenda and calling a special meeting.
Council Member Manzo withdrew his motion.
Motion was made by Council Member Phan West, seconded by Mayor Nguyen, to take no action.
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
Mayor Nguyen expressed concern with discussing the item for over an hour and taking no action.
Mayor Nguyen asked if there were any pending items. City Manager Cordon stated there were pending/ outstanding items.
Council Nguyen suggested a clear policy on renewing requested items.
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Council Member Manzo discussed his pending item still being researched and requiring additional staff time.
In response to Council Member Phan West, City Manager Cordon explained that items would be put on agendas prior to the expiration of the Council Member' s term.
Motion by Council Member Phan West, seconded by Mayor Nguyen, to take no action on expiring staff reports.
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
6. LEGISLATIVE ITEM — None
7. COMMISSION AND COMMITTEE ITEMS - AGENDA ITEMS 7. 1 AND 7. 2 WERE
HEARD OUT OF ORDER ( SEE END OF CONSENT CALENDAR)
8. ORAL COMMUNICATIONS - NON - AGENDA ITEMS
Council Member Nguyen left the dais at 1: 12 AM.
Council Member Phan West left the dais at 1: 12 AM.
Council Member Phan West returned to the dais at 1: 13 AM.
The following individuals addressed the Council on Oral Communications — Non - Agenda Items:
1. Khai Dao requested the Council review the actions at the last meeting and encouraged revisions to the Rules of Decorum. He encouraged the Mayor to educate his supporters to not violate the law.
Mayor Nguyen left the dais at 1. 16 AM.
2. Nhat Linh discussed the ethics item on the agenda and Council Member Phan West' s behavior while she was recording a video at a grand opening event on Friday.
Mayor Nguyen returned to the dais at 1: 18 AM.
3. Tami Hammell commented on a video of Council Member Phan West and expressed concern regarding the time spent on items of no action.
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Mayor Nguyen left the dais at 1. 20 AM.
Mayor Nguyen returned to the dais at 1. 21 AM.
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4. Terry Rains provided her opinion of Council Member Phan West; biblical versus; and violated laws. She urged censure and recall of Amy Phan West.
Council Member Phan West left the dais at 1: 26 AM.
Council Member Phan West returned to the dais at 1: 27 AM.
Council Member Phan West expressed concern about the Mayor allowing the use of profanity by members of the public.
9. COMMENTS FROM CITY COUNCIL/ AGENCY MEMBERS ( Including AB 1234 Report when required)
Council Member Nguyen returned to the dais at 1: 30 AM.
Mayor Nguyen requested a report on ICSC.
Council Member Nguyen stated he had nothing to report on ICSC because he did not attend. He indicated Council Member Manzo intimidated the City Attorney.
Council Member Manzo discussed the City Attorney' s need to provide legal advice and reported on the ICSC Convention.
Council Member Nguyen left the dais at 1:35 AM.
Vice Mayor Ho apologized for not attending the Public Works Open House due to her attendance at the ICSC Convention. She stated she would be catering a lunch for Public Works Week. She reported on the ICSC event at the Las Vegas Convention Center and being an exhibitor at the event. She thanked staff for obtaining the Safe Routes to Schools grant.
Council Member Nguyen returned to the dais at 1: 37 AM.
Council Member Phan West expressed condolences regarding the passing of Duc Tien, a Vietnamese actor, and requested the mayor' s approval to present a certificate at the services. She announced that the LA County Board of Supervisors voted to change the date of the Jane Fonda Day to April 8. She encouraged residents to remember those that served and thanked staff for its hard work.
Mayor Nguyen thanked residents for attending the meeting. He discussed his participation in the exit interviews at Westminster High School; Public Works Open
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House; and ICSC. Hestatedthe policywas notcomplete, therefore, they wouldnot be issuing a plaque at the memorial service.
10. COUNCIL ADJOURNMENT
Mayor Nguyen adjourned the meeting in memory of Duc Tien at 1:50 AM. on Thursday, May 23, 2024.
The next Regular Meeting will be held on Wednesday, June 12, 2024, at 6:00 PM.
Respectfully submitted:
ASHTON R. AROCHO, MMC
CITY CLERK
APPROVED:
CHI CHARLI
MAYOR
ATTEST:
JW14A0
SHTON R. AkbCHO, MMC
CITY CLERK
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