CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
MINUTES OF REGULAR MEETING
The CityCouncilof the Cityof Westminster, California, convenedonWednesday, June 12, 2024, at 4: 00 p. m. in a Study Session via In- Person, City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
STUDY SESSION
4: 00 P. M.
CALL TO ORDER
MayorNguyencalledthe StudySessionMeetingof the CityCouncil/SuccessorAgencyto the Westminster Redevelopment Agency Meeting to order at 4: 12 p. m., on Wednesday, June 12, 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
ABSENT: VICE MAYOR KIMBERLY HO, DISTRICT 3
COUNCIL MEMBER NAMQUAN NGUYEN, DISTRICT 4
City Clerk Arocho announced a quorum of the City Council present.
STAFF PRESENT: City Manager Christine Cordon
City Attorney Christian Bettenhausen
Assistant City Manager Adolfo Ozaeta
City Clerk Ashton Arocho
Police Chief Darin Lenyi
Deputy Police Chief Ron Weber
Finance Director Erin Backs
Public Works Director/ City Engineer Jake Ngo
Community Services and Recreation Director Vanessa
Johnson
Community Development Director Catherine Lin
Human Resources and Risk Manager Director Jodie Griner
Sergeant at Arms Stewart DeJong
FLAG SALUTE
Council Member Manzo led the Pledge of Allegiance.
1. ORAL COMMUNICATIONS FOR STUDY SESSION — None.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
MINUTES OF REGULAR MEETING
2. Continued from the May 8, 2024 Special Meeting/ Study Session — Fiscal Year 2024- 25 Proposed Budget.
Finance Director Backs provided the staff report.
Mayor Nguyen asked staff to highlight the changes in the budget made since the May 8, 2024, Study Session. Finance Director Backs indicated the reduction in revenues and expenditures.
Council Member Phan West asked about the use of funds under SB1383 and confirmed the districts of the parks. Public Works Director Ngo explained the use of the Organic Waste Recycling Fund. He explained the $ 240, 000 for organic waste program for all parks and the request for $ 80,000 to resurface the courts at Tony Lam Park.
Council Member Manzo questioned the timing of revenue from the mixed- use areas.
Assistant City Manager Ozaeta anticipated the revenue would be realized within 3-5 years. Finance Director Backs explained the loss of revenue built into future projections from the mall renovation, and salary savings in the current year. Public Works Director Ngo discussed the comparison between in house staff and contract staff for meter services.
Mayor Nguyen expressed concern about use of reserves; need to increase services; and tax increases. Finance Director Backs discussed increased costs; anticipated increased revenues; potential cuts; salaries savings; and continual lack of surplus. She discussed the need to revisit the fee schedule and comparison with surrounding cities studies. She commented on projected sales tax revenue.
Council Member Phan West questioned the total number of vacant positions. Finance Director Backs discussed the vacant positions and efforts to fill the positions. She read the descriptions of the proposed additional positions. In response to Council Member Phan West, Community Services and Recreation Director Johnson explained the proposed additional positions and indicated the Management Analyst was the most critical. Public Works Director Ngo discussed the need of the Administrative Assistant and reclassification of Equipment Mechanic. Finance Director Backs indicated the position would be funded from the Motor Pool.
Council Member Manzo commented on internet sales tax revenue. Finance Director Backs explained the distribution of sales tax and internet sales taxes. Council Member Manzo discussed the need for additional staffing to retain the level of services. He stated it was necessary to avoid use of reserves.
In response to Mayor Nguyen, City Manager Cordon discussed efforts to have the correct staff to serve the community, become more efficient, and provide excellent service.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
MINUTES OF REGULAR MEETING
Mayor Nguyen discussed efforts to bring in new businesses and asked about cannabis businesses. City Manager Cordon discussed interest in bringing in cannabis businesses; required next steps; and potential revenue generation.
Council Member Phan West discussed the need for fiscal responsibility; and suggested retaining the Management Analyst and removing the Community Services Coordinator.
In response to Council Member Phan West, City Manager Cordon explained the work of the proposed Webmaster position.
Mayor Nguyen disagreed with removing the Community Services Coordinator position and suggested staff bring back various options on approvals of positions at the meeting of the adoption.
Council Member Manzo requested including all five requested positions in the budget for Council consideration.
ADJOURNMENT: Mayor Nguyen adjourned the meeting at 5:21 p.m.
CONVENE CITY COUNCIL MEETING: The City Council/ Successor Agency to the Westminster Redevelopment Agency meeting reconvened on Wednesday, June 12, 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: 14 p. m., on Wednesday, June 12, 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 COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
MINUTES OF REGULAR MEETING
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
Sergeant at Arms Bret Gleason
Orange County Fire Authority Craig Covey
Records Coordinator Daisy Guzman
Administrative Assistant Stephanie Aguilar
Community Development Director Catherine Lin
Maintenance and Utilities Manager Tuan Pham
SALUTE TO THE FLAG
Council Member Nguyen led the flag salute.
INVOCATION
Vice Mayor Ho conducted the invocation.
CLOSED SESSION REPORT
City Attorney Bettenhausen indicated there was no Closed Session report as the City Council did not meet in Closed Session.
City Attorney Bettenhausen indicated Council Member Nguyen requested, seconded by Council Member Phan West, to walk on a Resolution.
Council Member Nguyen explained the proposed Resolution denouncing the deplorable treatment of Ven. Thich Minh Tue Aka Le Anh Tu and condemning the Vietnamese Communist regime for suppression of the press.
Mayor Nguyen asked regarding the urgency of the item and Council Member Nguyen explained the need to urgently act.
Mayor Nguyen commented on the lack of urgency of the item.
Council Member Phan West stated Vietnam had violated basic human rights and the Council should make a statement against the attack.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
MINUTES OF REGULAR MEETING
In response to Council Member Manzo, City Attorney Bettenhausen stated the Council had to find that the matter could not wait until the next meeting and that the issue arose after the posting of the agenda.
Mayor Nguyen stated he wanted to honor Ven. Thich Minh Tue Aka Le Anh Tu but questioned why it could not wait until the next meeting.
Motion was made by Council Member Nguyen, seconded by Council Member Phan West, to walk on the item.
Council Member Phan West left the dais at 6: 30 PM.
Council Member Phan West returned to the dais at 6: 30 PM.
Substitute Motion was made by Mayor Nguyen, seconded by Vice Mayor Ho, to deny the walk on item and agendize the item for the June 26, 2024, City Council Meeting.
Prior to the roll call vote on the substitute motion, Vice Mayor Ho stated Council Member Nguyen had asked her to second his request to walk on the item but withdrew her second because it was not urgent.
Council Member Phan West discussed the need for a united front against the Communist Regime.
Council Member Manzo discussed the importance and suggested it be allowed proper time, not be rushed on.
Mayor Nguyen indicated support for the proposed Resolution but did not want to set a precedence for urgency items.
Substitute Motion was made by Mayor Nguyen, seconded by Vice Mayor Ho, to deny the walk on item and agendize the item for the June 26, 2024, Council Meeting.
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
EX PARTE COMMUNICATIONS — None.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
MINUTES OF REGULAR MEETING
CITY CLERK REPORT
City Clerk Arocho announced the November 2024 General Municipal Election Nomination Period from July 15 through August 9, and continuing recruitment for vacancies on the Cultural Arts Commission and the Commission on Aging.
CITY MANAGER REPORT
City Manager Cordon made the following announcements:
West County Community Emergency Response Team training
Flag Day Ceremony and Senior Celebration on June 14, at 8 AM Juneteenth events at the Senior Center
4th of July BBQ
Summer Recreation Program beginning on June 17
Splash Pad opening June 15
Movies and Music Series and Summer Concerts
National Night Out on August 8
Annual Safety Day on July 17
Vendor Applications for the Fall Festival September 26- 29 Garden Grove Complete Streets Project recognition
New receptionist Stephanie Aguilar
Ribbon Cutting for Centrals Cities Navigation Center in Garden Grove Mayor Nguyen commented on a book he received from USMC; and attendance at the Police Department Torch Run; congratulated the Police Department on their accomplishments; and recognized the School Board.
1. SPECIAL PRESENTATION
The Mayor and City Council recognized the following:
A. Presentation of Proclamation for Juneteenth.
B. Presentation of Certificate of Recognition to the Coalition of the Republic of Vietnam Veterans Association of Southern California.
C. Presentation of Proclamation for Republic of Vietnam Armed Forces Day.
Council Member Nguyen left the dais at 6: 57 PM.
Representatives from Senator Janet Nguyen' s Office and Assemblymember Tri Ta' s Office presented certificates.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
MINUTES OF REGULAR MEETING
Mayor Nguyen thanked those in attendance.
Council Member Nguyen returned to the dais at 7: 06 PM.
RECESS: Mayor Nguyen called for a recess at 7: 06 PM.
RECONVENED: Mayor Nguyen reconvened the meeting at 7:19 PM with all members of the public present.
2. ORAL COMMUNICATIONS — AGENDA ITEMS ONLY
Mayor Nguyen requested Agenda Item Nos. 5. 3 and 6. 1 be heard before Agenda Item No.
5. 2.
Motion was made by Mayor Nguyen, seconded by Council Member Phan West, to move Agenda Item Nos. 5. 3 and 6. 1 to be heard prior to Agenda Item No. 5. 2.
Council Member Manzo requested a friendly amendment by taking Agenda Item No. 6.1 prior to Agenda Item No. 5. 3 and 5. 2.
Amended Motion was made by Mayor Nguyen, seconded by Council Member Phan West, to hear items out of order, as follows: Agenda Item Nos. 5. 1, 6. 1, 5. 3, and 5. 2.
The amended 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
The following individuals addressed the Council on Agenda Items:
1. Collin Edwards, Assemblymember Tri Ta's Office, expressed gratitude for working with the City on AB1782 and other collaborative efforts.
2. Jessica Lostaunau commented on Agenda Item Nos. 5.2 and 5.3 indicating the time did not need to be lengthened rather the Council Members needed to pay attention.
3. D' vorah Mariscal commented on Agenda Item Nos. 5. 2 and 5. 3., concurred with the need for quality not quantity, and expressed concern with Council Member Phan West' s behavior.
4. Josh Lavey spoke in opposition to Agenda Item No. 5. 2. and suggested it be removed.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
MINUTES OF REGULAR MEETING
5. Mike Martin spoke in opposition to Agenda Item No. 5. 2. and in support of Council Member Phan West.
Prior to the next speaker, Mayor Nguyen requested that members of the public only address the City Council and refrain from calling out residents by name.
6. Pam Martin urged the Council to vote no on Agenda Item No. 5. 2. and indicated support for Council Member Phan West.
7. Darin Sherlock indicated support for Agenda Item Nos. 3. 4 and 3. 5.
8. Robert Curtis discussed his work with hairdressers and barbers and in support of Council Member Phan West and urged a no vote on Agenda Item No. 5. 2.
9. Jose Diaz indicated opposition to Agenda Item No. 5. 2. and censure of Council Member Phan West.
10. Michael Verrengia thanked Mayor Nguyen for denying the request to walk on the item; commented in support for Agenda Item Nos. 5. 3 and 5. 2.; and urged proper behavior during Council meetings.
11. Ronnie Guyer discussed the Vietnam War and opposition to Jane Fonda.
12. Victoria Cooper commented in opposition of Agenda Item No. 5. 2.
Prior to the next speaker, Mayor Nguyen reminded members of the public that signs had to be less than 8 1/2 x 11 and to sit in the back row.
13. John Baker thanked Vietnam Veterans for their service; and indicated opposition to Agenda Item No. 5. 2.
14. Claudia Lantry spoke in favor of censuring Council Member Phan West and in support of Agenda Item No. 5. 2.
15. Tami Hammell commented in support of Agenda Item No. 5. 2 and in opposition to the proposed change to Agenda Item No. 5. 3.
16. Gene Vesley, Seal Beach resident, commented in opposition of Agenda Item No.
5. 2.
17. Debra Donathan commented in opposition of Agenda Item No. 5. 2.
18. Danny Meza spoke in support of Agenda Item No. 5.2.
19. Coni Kohan spoke in support of Agenda Item No. 5. 2.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
MINUTES OF REGULAR MEETING
20. Jeremy West spoke in opposition to Agenda Item No. 5. 2. and urged Council Member Manzo to apologize to his wife, Amy Phan West; and to stop the hostile work environment.
21. Ryan Bent requested the Council vote no on Item No. 5. 2.
Mayor Nguyen left the dais at 8: 35 PM.
22. Kim Springer encouraged a yes vote on Agenda Item No. 5. 2.
Mayor Nguyen returned to the dais at 8: 37 PM.
23. Linda Sanchez, Garden Grove resident, spoke in opposition to Agenda Item No. 5. 2.
24.Jeanne Hair indicated opposition to Agenda Item No. 5.2. and in support of Amy Phan West.
25. Susan Lopez commented in opposition to Agenda Item No. 5. 2.
Prior to the next speaker, Mayor Nguyen requested members of the media sit in the last row per City policy.
26. Ruth Piker spoke in support of Agenda Item No. 5.2. and provided examples of inappropriate behavior of Amy Phan West.
27. Robert ` Todd' Stewart spoke in opposition of Agenda Item No. 5. 2.
28. Van Phan spoke in opposition of Agenda Item No. 5. 2.
29. Terry Rains commented on Agenda Item No. 5.3 and in support of Agenda Item No.
5. 2.
30. Tony Bui expressed concern about civility of Council meetings.
31. Roger Mindrum commented in support of Agenda Item No. 5. 2.
32. Tim Hogan commented in support of Agenda Item Nos. 5. 2 and 5. 3.
33. Hue Doanetto spoke in support of Agenda Item No. 5. 2. and discussed the false Police report filed by Council Member Phan West.
Mayor Nguyen left the dais at 9: 05 PM.
Mayor Nguyen returned to the dais at 9: 07 PM.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
MINUTES OF REGULAR MEETING
Council Member Nguyen left the dais at 9: 08 PM.
34. Gigi Vo commented in support of Agenda Item No. 5.2. due to the behavior of Amy Phan West.
Council Member Nguyen returned to the dais at 9: 14 PM.
35. John Gentile expressed appreciation for Amy Phan West speaking at his fundraiser and urged her to be professional.
36. Camilla Overbeek discussed public comments and Agenda Item Nos. 5. 3. and 8 and commented in support of Agenda Item No. 5. 2.
37. Nhat Linh commented in support of Agenda Item No. 5. 2.
Mayor Nguyen spoke on the public addressing other members of the public.
38. Pam Gremling urged Council Member Phan West to address issues in District 1 and to behave at Council meetings.
39. Christine Hernandez commented in support of Agenda Item Nos. 5. 1 and 5. 2.
Following oral communications, Mayor Nguyen thanked members of the public for attending the meeting and providing their opinions.
3. CONSENT CALENDAR
Mayor Nguyen pulled Agenda Item No. 3. 5.
Council Member Manzo pulled Agenda Item No. 3. 4.
Council Member Manzo requested that Agenda Item No. 3. 5 be heard prior to 3. 4.
3. 1 City Council and Successor Agency Warrant Registers dated May 16, 2024 through June 5, 2024.
ACTION: The Mayor and City Council received and filed.
3. 2 Second Reading and Adoption of Ordinance No. 2612, Amending the Westminster Municipal Code Concerning Speed Limits within the City.
ACTION: The Mayor and City Council conducted a second reading and adopted Ordinance No. 2612 entitled, " AN ORDINANCE OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, TO AMEND
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
MINUTES OF REGULAR MEETING
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.
3. 3 Adoption of Plans and Specifications and Authorization to Solicit Construction Bids for Magnolia Street from Edinger Avenue to Heil Avenue - Project Plan No.: P- 2566. Federal Project No. CRAL- 5338( 054).
ACTION: The Mayor and City Council:
1. Approved the plans and specifications for Magnolia Street from Edinger Avenue to Heil Avenue - Project Plan No.: P- 2566 and Federal Project No.
CRAL- 5338( 054), and authorized the Public Works Director/ City Engineer to approve minor modifications to the plans and specifications to accommodate requested revisions from public safety and utility agencies; and
2. Authorized the Public Works Department to advertise and solicit construction bids for said project.
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).
CONSENT CALENDAR- ALL ITEMS ( 3. 1- 3. 5)
Motion was made by Mayor Nguyen, seconded by Vice Mayor Ho, to approve the Consent Calendar with Agenda Item Nos. 3. 4 and 3. 5 pulled for separate discussion.
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
Council Member Manzo left the dais at 9: 38 PM.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
MINUTES OF REGULAR MEETING
AGENDA ITEM( S) PULLED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
3. 5 Award of EMTS, Inc. dba Elite Maintenance and Tree Services for the Parks, Civic Center, Rose Center, Miriam Warne Building, Police Department Training Facility, Corporation Yard, Greenbelt, and Well Site Landscape Maintenance/ Service Agreement.
Mayor Nguyen pulled this item for staff presentation. Public Works Director Ngo provided the staff report.
Council Member Manzo returned at 9: 40 PM.
Mayor Nguyen asked staff questions regarding the term of the contract. Public Works Director Ngo explained the renewable contract and increasing rates.
In response to Vice Mayor Ho, Public Works Director Ngo explained that the prior contractor' s bid was higher.
Motion by was made by Mayor Nguyen, seconded by Vice Mayor Ho, to:
A. Approve the award of contract, in the amount of $ 297, 207. 72, to the lowest and responsible bidder, EMTS, Inc. dba Elite Maintenance and Tree Services, and that all other bids be rejected; and
B. Approve an additional 10%, in the amount of$ 29, 720. 77 for unforeseen items as needed; and
C. Authorize the City Manager to execute the contract on behalf of the City, in a form approved by the City Attorney.
The motion carried, 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 Award of Contract to EMTS, Inc. dba Elite Maintenance and Tree Services for Medians and Trails Landscape Maintenance Services.
Council Member Phan West left the dais at 9: 44 PM.
This item was pulled by Council Member Manzo for questions of staff.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
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Mayor Nguyen left the dais at 9: 44 PM.
In response to Council Member Manzo, Public Works Director Ngo explained the scope of work for maintenance; repairs by staff; and Park Supervisor inspection of trails.
Mayor Nguyen returned to the dais at 9: 46 PM.
Motion was made by Council Member Manzo, seconded by Mayor Nguyen, to:
A. Approve the award of contract, in the amount of $ 241, 979. 40, to the lowest and responsible bidder, EMTS, Inc. dba Elite Maintenance and Tree Services, and that all other bids be rejected; and
B. Approve an additional 10%, in the amount of $ 24, 197. 94, for unforeseen items as needed; and
C. Authorize the City Manager to execute the contract on behalf of the City, in a form approved by the City Attorney.
The motion carried, 4-0-1-0, by the following roll call vote:
AYES: C. NGUYEN, HO, MANZO, N. NGUYEN
NOES: NONE
ABSENT: PHAN WEST
ABSTAIN: NONE
4. PUBLIC HEARING - None
Council Member Phan West returned to the dais at 9: 49 PM.
5. REGULAR BUSINESS
5. 1 Adoption of Plans and Specifications, Authorization to Solicit Construction Bids, and Approval of Seven ( 7) Public Highway At- Grade Crossing Agreements with Union Pacific Railroad Company for the Mendez Historic Trail & Green Street Bikeway Project ( Mendez Freedom Trail Project).
Assistant City Manager Ozaeta provided the staff report.
Following staff' s presentation, Mayor Nguyen thanked Assistant City Manager Ozaeta.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
MINUTES OF REGULAR MEETING
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.
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. 1 Continued - Adoption of Plans and Specifications, Authorization to Solicit Construction Bids, and Approval of Seven ( 7) Public Highway At- Grade Crossing Agreements with Union Pacific Railroad Company for the Mendez Historic Trail & Green Street Bikeway Project ( Mendez Freedom Trail Project).
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to A. Approve the plans and specifications for the construction of the Mendez Historic Trail & Green Street Bikeway Project ( Mendez Freedom Trail Project); and
B. Authorize the Public Works Department to advertise and solicit construction bids for said project; and
C. Approve seven ( 7) Public Highway At- Grade Crossing Agreements with Union Pacific Railroad Company in the aggregate amount of $ 1, 543, 963; and
D. Authorize the City Manager to execute the agreements on the City's behalf.
Prior to the roll call vote, Council Member Manzo thanked staff for its dedication on the project; and commented on funding sources and next projects.
In response to Council Member Manzo, Assistant City Manager Ozaeta discussed the visitors to the park and showcasing of the Mendez Trail.
Vice Mayor Ho commented on the inception of the Mendez Park project and thanked Assistant City Manager Ozaeta for spearheading the project.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
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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
THE FOLLLOWING ITEMS WERE HEARD OUT OF ORDER
6. LEGISLATIVE ITEM
6. 1 Notice and Call of the General Municipal Election on November 5, 2024.
Motion was made by Vice Mayor Ho, seconded by Council Member Manzo to:
A. Adopt Resolution No. 5263 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, CALLING
FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF WESTMINSTER ON TUESDAY, NOVEMBER 5, 2024, FOR THE
ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES"; and
B. Adopt Resolution No. 5264 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE"; and
C. Adopt Resolution No. 5265 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, ADOPTING
REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING
TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 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
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
MINUTES OF REGULAR MEETING
5. REGULAR BUSINESS ( CONTINUED)
5. 3 Request to Increase Public Speaking Time During Oral Communications.
Council Member Nguyen presented the report and proposed moving all oral communications to the beginning of the meeting and providing five minutes to each speaker.
Motion was made by Council Member Nguyen, seconded by Council Member Phan West, to conduct first reading of an Ordinance entitled, " AN ORDINANCE OF
THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER,
CALIFORNIA, AMENDING SECTION 2. 04. 040 ( MEETINGS- DISCUSSIONS-
REFERRAL TO DEPARTMENTS) OF THE WESTMINSTER MUNICIPAL CODE RELATIVE TO ORAL COMMUNICATIONS AT COUNCIL MEETINGS," read by title only and waive further reading and bring back an item to move all oral communications to the beginning of the meeting.
Mayor Nguyen commented on the time allotment for oral communications and questioned the motives of Council Members Nguyen and Phan West.
Council Member Nguyen discussed the public' s disappointment with the previous decrease in speaking time and current need to increase.
Council Member Manzo stated the proposal did not seem genuine and suggested the Council consider how it conducted itself.
Vice Mayor Ho stated she felt the item was disingenuous and suggested the Council Member' s pay attention to the speakers.
Council Member Phan West stated they were listening to the publics request and the Council was violating the Code of Ethics by questioning their motives.
Council Member Nguyen stated it appeared Mayor Nguyen had not read the report since he asked their motive.
Substitute Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to take no action.
Mayor Nguyen urged Council Members Nguyen and Phan West to remain at the dais during public comments, for quality not quantity.
The substitute motion carried, 3-2, by the following roll call vote:
AYES: C. NGUYEN, HO, MANZO
NOES: PHAN WEST, N. NGUYEN
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
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ABSENT: NONE
ABSTAIN: NONE
5. 2 Requestfor a Resolution of Censure, Basedon Actions of Councilwoman Amy Phan West ( District 1).
Vice Mayor Ho provided the report, outlining the Code of Ethics and evidence.
Mayor Nguyen left the dais at 10: 37 PM.
Council Member Nguyen left the dais at 10: 38 PM.
Vice Mayor Ho requested waiting for the Mayor and Council Member Nguyen to return to the dais before starting and requested City Clerk Arocho distribute the Code of Ethics and Conduct.
Mayor Nguyen returned to the dais at 10: 40 PM.
In response to Council Member Phan West, Mayor Nguyen explained the process.
Vice Mayor Ho read her late communication memo and staff report outlining the behavior of Council Member Phan West.
City Attorney Bettenhausen explained the two-step process for Vice Mayor Ho to present the issues and Council Member Phan West to respond.
Council Member Phan West expressed concern about the information not being available on the website nor in Vietnamese.
Vice Mayor Ho continued providing examples of Council Member Phan West violating the Code of Ethics and Conduct.
Council Member Nguyen returned to the dais at 11: 07 PM.
Mayor Nguyen left the dais at 11: 25 PM.
Mayor Nguyen returned to the dais at 11: 28 PM.
Following the comments of Vice Mayor Ho, Council Member Manzo commented on the unfortunate situation and highlighted the responsibility of the City Council as elected officials to represent the residents of Westminster. He discussed the public comments and difference between censure and censor. He commented on accusations against him by Council Member Phan West and her inappropriate behavior. He provided additional details on examples provided by Vice Mayor Ho.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
MINUTES OF REGULAR MEETING
Mayor Nguyen left the dais at 11: 55 PM.
Mayor Nguyen returned to the dais at 11: 56 PM.
Council Member Nguyen left the dais at 11: 58 PM.
Council Member Manzo suggested additional points to be included in the allegations against Council Member Phan West.
Following comments from Vice Mayor Ho and Council Member Manzo, Mayor Nguyen asked Council Member Phan West to respond.
Council Member Nguyen returned to the dais at 12: 09 AM.
Council Member Phan West commented on the Code of Ethics and Conduct outlining the process for sanctions, indicating she was not properly notified; and rebutting accusations of her behavior leading to censure.
In response to Mayor Nguyen, City Attorney Bettenhausen clarified issues allowed to be discussed in Closed Session and State Law prohibiting disclosure of information learned in Closed Session. He confirmed that any comments made in Closed Session should not be revealed.
Council Member Nguyen left the dais at 12: 50 AM.
Council Member Phan West continued rebutting the allegations against her and requested the matter be tabled to allow discussion amongst the Council.
Council Member Nguyen returned to the dais at 1: 02 AM.
Discussion ensued.
Council Member Nguyen left the dais at 1: 11 AM.
Council Member Phan West continued rebutting the allegations against her.
Council Member Nguyen returned to the dais at 1: 13 AM.
Following Council Member Phan West' s comments, Council Member Nguyen commended Mayor Nguyen on reduced crime and increased businesses during his tenure. He discussed Council Member Phan West' s efforts for the City; former censure of Council Members; and need for the Council to work together.
Mayor Nguyen left the dais at 1:30 AM.
Mayor Nguyen returned to the dais at 1:32 AM.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
MINUTES OF REGULAR MEETING
Following Council Member Nguyen' s comments, Mayor Nguyen discussed his experience with censure and indicated he would fairly assess the allegations. He reviewed each topic and provided justification.
Council Member Manzo left the dais at 2: 03 AM.
Council Member Manzo returned to the dais at 2: 06 AM.
Council Member Nguyen left the dais at 2: 06 AM.
Council Member Nguyen returned to the dais at 2: 09 AM.
Motion was made by Mayor Nguyen, to direct staff to prepare a Resolution of censure against Councilwoman Phan West to bring at the September 11, 2024, City Council Meeting, allowing her the opportunity to remain on intergovernmental agencies.
Council Member Manzo stated Council Member Phan West had had multiple chances and asked how many more chances would be given.
Council Member Phan West questioned whether pre-counseling was required and stated the censure was a shock. Mayor Nguyen stated that was the reason he requested delaying the censure until September 11, 2024. City Attorney Bettenhausen stated it was at the Council's discretion and the current meeting was the due process portion.
Vice Mayor Ho stated Council Member Phan West was a liability to the City.
Council Member Manzo commented on the tactics of Council Member Phan West, making false statements and her destructive behavior with no remorse.
Mayor Nguyen clarified the intention of his motion.
Vice Mayor Ho suggested Council Member Phan West be responsible for improving on all the issues indicated.
Mayor Nguyen asked if Council Member Phan West was willing to take the matter seriously and make improvements. Council Member Phan West reiterated her shock and stated she wanted to work with the Council. Mayor Nguyen stated he would work with her.
Council Member Manzo asked if Council Member Phan West acknowledged the items were true. Council Member Phan West stated she acknowledged the
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
MINUTES OF REGULAR MEETING
allegations but questioned how they were illegal. She stated she should be counseled first.
Motion was made by Mayor Nguyen, seconded by Vice Mayor Ho, to direct staff to prepare a resolution of censure for consideration at the September 11, 2024 Regular meeting to include the additional items from Council Member Manzo and the late communication from Vice Mayor Ho.
A Substitute Motion was made by Council Member Nguyen, seconded by Council Member Phan West, to take no action; and have Council Member Phan West acknowledge the Statement of Facts, publicly apologize, and sit with Mayor Nguyen, Vice Mayor Ho, and Council Member Manzo to discuss further.
The substitute motion failed, 2-3, by the following roll call vote:
AYES: PHAN WEST, N. NGUYEN
NOES: C. NGUYEN, HO, MANZO
ABSENT: NONE
ABSTAIN: NONE
Motion was made by Mayor Nguyen, seconded by Vice Mayor Ho, to direct staff to prepare a resolution of censure for consideration at the September 11, 2024 Regular meeting to include the additional items from Council Member Manzo and the late communication from Vice Mayor Ho.
The motion carried, 3- 1-0-1, by the following roll call vote:
AYES: C. NGUYEN, HO, MANZO
NOES: N. NGUYEN
ABSENT: NONE
ABSTAIN: PHAN WEST
7. COMMISSION AND COMMITTEE ITEM — None
8. ORAL COMMUNICATIONS - NON- AGENDA ITEMS
The following individuals addressed the Council on Non-Agenda Items:
1. Michael Verrengia suggested Council Members be limited to five- minute comments; receive and file reports be received and filed; and urged the Council to pay attention to staff and the public.
2. Terry Rains congratulated City Manager Cordon for her first two years; expressed concern about the delay of censure to September 11, 2024; and commented on Council Member Phan West calling her racist.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
MINUTES OF REGULAR MEETING
3. John Gentile thanked Council Member Manzo and Vice Mayor Ho for their participation in the Posse Board Fundraiser. He expressed hope that Council Member Phan West would improve.
4. Camilla Overbeek questioned Council Member Phan West' s shock and indicated she should be censured. She stated public comment should not be occurring at 3:00 AM.
MayorNguyendiscussedVice MayorHo's suggestionto stopthe meetingat 11:00 PMto take oral communications on non- agenda items.
5. Tami Hammell discussed the poor behavior of Council Member Phan West and lack of work for District 1.
6. Debra Donathan stated she did not believe Amy Phan West was intentionally offending people; and that she should be educated on expectations and allowed the opportunity to correct her behavior.
9. COMMENTS FROM CITY COUNCIL/ AGENCY MEMBERS ( Including AB 1234 Report when required)
Council Member Phan West wished the communitya Happy Father's Day and concluded comments regarding the discussions heard during the meeting.
Vice Mayor Ho thanked the public for their participation and wished everyone a Happy Father' s Day.
Council Member Manzo thanked members of the public for their participation in the meeting; commented on the length of the meeting; thanked John Gentile for the Posse Bar Foundation contributions to the Police Department; thanked staff for its hard work towards the opening of the Navigation Center; and wished everyone a Happy Father' s Day.
Council Member Nguyen thanked staff and the Police Department for remaining at the meeting.
Mayor Nguyen commented on Navigation Center opening; congratulated the Police Department on the recent torch run; commented on recent exit interviews at the middle school and high school, and celebration at Westminster High School showcasing a new mural.
Vice Mayor Ho commented on the showcasing of the mural.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 12, 2024
MINUTES OF REGULAR MEETING
10. COUNCIL ADJOURNMENT
Mayor Nguyen adjourned the meeting at 3:41 a.m. on Thursday, June 13, 2024.
The next Regular Meeting will be held on Wednesday, June 26, 2024, at 6:00 p. m.
Respectfully submitted:
4ASTON R. A- Ot O, MMC
CITY CLERK
APPROVED:
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CHI CHARLIE NGUYEN
MAYOR ```
ATTEST:
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ASHTON R. AROCHO, MMC
CITY CLERK