CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 26, 2024
MINUTES OF ADJOURNED SPECIAL MEETING
The City Council of the City of Westminster, California, convened on Wednesday, June 26, 2024, at 8: 00 p. m. in Open Session via In- Person, City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
ADJOURNED SPECIAL MEETING
8: 00 P. M.
CALL TO ORDER
MayorNguyencalledtheAdjournedSpecialMeetingof the CityCouncil/SuccessorAgency to the Westminster Redevelopment Agency Meeting to order at 8: 12 p. m., on Wednesday, June 26, 2024, via In-Person, at the City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
ROLL CALL
PRESENT: MAYOR CHI CHARLIE NGUYEN
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 8: 15 PM)
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
Mayor Nguyen explained the procedure originally outlined regarding oral communications for an adjourned meeting.
Motion was made by Vice Mayor Ho, seconded by Mayor Nguyen, to allow members who spoke during the Special Meeting of June 25, 2024, to have the opportunity to speak again during the Adjourned Meeting.
Council Member Phan West entered the meeting at 8:15p.m.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 26, 2024
MINUTES OF ADJOURNED SPECIAL MEETING
The motion carried, 3-2, by the following roll call vote:
AYES: C. NGUYEN, HO, MANZO
NOES: PHAN WEST, N. NGUYEN
ABSENT: NONE
ABSTAIN: NONE
1. ORAL COMMUNICATIONS — AGENDA ITEMS ONLY
The following individuals spoke under oral communications on agenda items only:
1. Hue Doanetto commented on the poor behavior of Council Member Phan West and urged the City Council to censure Council Member Phan West immediately.
Mayor Nguyen left the dais at 8: 21 PM.
Council Member Phan West asked Vice Mayor Ho if she could briefly respond to comments made.
Vice Mayor Ho denied the request and asked City Clerk Arocho to call the next speaker.
Council Member Phan West continued her response to comments made by the speaker.
Mayor Nguyen returned to the dais at 8: 23 PM.
Council Member Nguyen left the dais at 8: 24 PM.
2. Gigi Vo discussed the disruptive and inappropriate behavior of Council Member Phan West and her efforts to advance herself to a higher office; and urged the City Council to move forward with the censure immediately.
Council Member Phan West asked the Mayor if she could provide comments and Mayor Nguyen asked if she could wait until after the oral communications period to respond.
3. Nhat Linh spoke on the comments made by Council Members Phan West and Nguyen on the YouTube interview and harassment towards residents; urged Council Members Phan West and Nguyen to resign; and asked the City Council to move forward immediately with the censure against Council Member Phan West.
4. Michael Verrengia thanked the City Council for the opportunity to speak on the item again. He discussed Council Member Phan West's denial of RV ownership; character assassination of the other Council Members; and inappropriate behavior displayed by Council Member Phan West during an interview with Council Member
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 26, 2024
MINUTES OF ADJOURNED SPECIAL MEETING
Nguyen on YouTube; and urged the City Council to immediately censure Council Member Phan West.
5. Lisa Phelps commented on her recent move out of Westminster and inappropriate behavior of Council Member Phan West. She urged the City Council to censure Council Member Phan West and expressed concern about potential liability.
6. Claudia Lantry expressed disappointment in Council Member Phan West for lying about her efforts and urged her to " go quietly into the night."
7. Monique Nguyen commented on the recent interview of Council Member Phan West on YouTube and urged censure.
Mayor Nguyen left the dais at 8: 43 PM.
8. Terry Rains spoke on the press release sent out by Council Member Phan West; the absence of Council Member Phan West at the Special Meeting; poor behavior of Council Member Phan West displayed during meetings; and ethical violations. She urged the censure of Council Member Phan West.
Mayor Nguyen returned to the dais at 8: 45 PM.
9. Gil Watts discussed Council Member Phan West' s support of veterans; Council Member Phan West' s First Amendment Right to push back against those who disagree with her; and in opposition to censure.
Mayor Nguyen asked Gil Watts if he was a Vietnam veteran and thanked him for his service.
10.Tami Hammell commented on the poor behavior displayed by Council Member Phan West; lack of respect towards Vice Mayor Ho while leading the meeting; absence of Council Member Nguyen; vote for allowing members to speak; comments made by Council Member Phan West' s husband regarding her opinion of her salary; and notes taken by Council Member Phan West. She thanked Vice Mayor Ho on her comments about personal lawsuits and encouraged the censure of Council Member Phan West.
11. D'vorah Mariscal asked Council Member Phan West to respect those speaking. She discussed the actions of Council Member Phan West and urged censure.
Council Member Manzo left the dais at 8: 55 PM.
Council Member Phan West responded to comments made by members of the public during oral communications.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 26, 2024
MINUTES OF ADJOURNED SPECIAL MEETING
Council Member Phan West asked Police Chief Lenyi if she had any RVs left in the City.
Police Chief Lenyi indicated he would have to access DMV records but confirmed that she had indicated she did not.
Mayor Nguyen informed Council Member Phan West to briefly respond.
Council Member Manzo returned to the dais at 8: 57 PM.
Council Member Phan West commented on other Council Members' decorum; YouTube interviews; " new gang of three"; her absence from the Special Meeting; support of Veterans; and throwing the first stone.
Mayor Nguyen discussed the comments in the video of Council Member Nguyen; and Council Member Phan West' s letter on Facebook against him, Vice Mayor Ho and Council Member Manzo.
Council Member Nguyen returned to the dais at 9: 04 PM.
Mayor Nguyen explained the disagreement at the Veterans event between himself and Council Member Phan West.
2. Continued from the June 25, 2024 Special Meeting — Revisit Agenda Item No.
5. 2 from the June 12, 2024 Regular City Council Meeting — Request for a Resolution of Censure, Based on Actions of Councilwoman Amy Phan West District 1).
Vice Mayor Ho indicated Council Member Phan West had no desire to change, rather continued inappropriate behavior. She explained malfeasance; potential litigation; and the need to distance the City from Council Member Phan West' s actions. She requested Council Member Phan West be removed from all boards.
Council Member Nguyen left the dais at 9: 09 PM.
Council Member Manzo commented on the behavior of the other Council Members; respectful disagreements; and lack of respect from Council Member Phan West. He commented on the chaotic, current environment of the City Council during the meetings; and concerns within District 1. He urged the City Council to act on the censure.
Mayor Nguyen commented on the absence of Council Member Nguyen after his statement that the discussion was a waste of time. He explained the purpose of the meeting to allow Council Member Phan West an opportunity to defend herself.
Council Member Phan West responded to comments made by Vice Mayor Ho.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 26, 2024
MINUTES OF ADJOURNED SPECIAL MEETING
Mayor Nguyen left the dais at 9: 20 PM.
Council Member Phan West reviewed the 20 items outlined within the staff report; commented on First Amendment Rights; silencing and targeting her; and City Attorney privilege.
In response to Council Member Phan West, City Attorney Bettenhausen explained the Council' s intent to not defend Council Member Phan West in a future lawsuit.
Council Member Phan West questioned how violations would be monitored.
Mayor Nguyen returned to the dais at 9: 23 PM.
City Attorney Bettenhausen explained the difference between defending the City versus Council Member Phan West individually.
Council Member Phan West requested legal advice to ensure she did not violate the Code of Ethics, leaving the dais, texting, arguing and verbal altercations.
City Attorney Bettenhausen indicated litigation would most likely not be filed on those issues.
Council Member Phan West suggested staff sue her if she defamed them. She stated she only presented the facts.
City Manager Cordon commented on the inappropriateness of including staff.
Council Member Nguyen returned to the dais at 9: 29 PM.
Council Member Phan West commented on Vice Mayor Ho' s comment on the need to distance themselves from Council Member Phan West. She indicated the actions would be reflected in the upcoming election of Vice Mayor Ho and Council Member Manzo. She stated she discussed the accusations with her attorney friends, and they indicated it was a waste of time and City resources. She indicated her willingness to work with Vice Mayor Ho. She rebutted Council Member Manzo' s comments about the YouTube interview and questioned what she did that was unprofessional. She discussed her character and integrity and indicated they just did not like her. She read comments from a resident of District 1 indicating continual efforts to silence her and in support of her.
In response to Council Member Phan West, City Attorney Bettenhausen stated he had not seen similar censure and sanction in other jurisdictions. He explained attorney protection.
Council Member Phan West questioned how violations would be monitored.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 26, 2024
MINUTES OF ADJOURNED SPECIAL MEETING
City Attorney Bettenhausen stated that lawsuits would have to be reviewed on a case- by-case basis.
Council Member Phan West stated it was a new level of targeting of a Council Member. She asked how the process would be implemented.
Mayor Nguyen indicated he would allow Council Member Phan West five minutes to complete her comments.
Council Member Phan West argued that they were silencing District 1. She stated she should be allowed to defend herself.
RECESS: Mayor Nguyen called a recess at 9: 53 PM.
RECONVENE: Mayor Nguyen reconvened the meeting at 10:01 PM.
ROLL CALL
PRESENT: MAYOR CHI CHARLIE NGUYEN
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
2. CONTINUED - Continued from the June 25, 2024 Special Meeting — Revisit Agenda Item No. 5.2 from the June 12, 2024 Regular City Council Meeting — Request for a Resolution of Censure, Based on Actions of Councilwoman Amy Phan West ( District 1).
Mayor Nguyen clarified that he did not intend to silence Council Member Phan West, rather to allow Council Member Nguyen the opportunity to speak.
Council Member Nguyen read a letter from Rob Johnson indicating Vice Mayor Ho and Council Member Manzo were violating the Code of Ethics by making false statements against Council Member Phan West.
In response to Council Member Nguyen, City Attorney Bettenhausen explained censure was a statement of dissatisfaction of actions, an expression of intent.
Council Member Nguyen stated the discussion was a waste of time and discussed the need to work together and move forward.
Mayor Nguyen explained the reasons for the proposed censure, rather than waiting until September 11. He discussed efforts to assist Council Member Phan West.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 26, 2024
MINUTES OF ADJOURNED SPECIAL MEETING
Motion was made by Mayor Nguyen, seconded by Vice Mayor Ho, to direct staff to prepare a resolution to censure Council Member Phan West, as amended, bring the item to the August 14, 2024 meeting and add an item on a future agenda to discuss the removal of Council Member Phan West from outside boards/ committees until the end of her elected term and organize a statement of intent to not defend in lawsuit.
Substitute motion was made by Council Member Phan West, seconded by Council Member Nguyen, to move the City forward and take no action on the censure against Council Member Phan West.
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 to censure Council Member Phan West, as amended, bring the item to the August 14, 2024 meeting and add an item on a future agenda to discuss the removal of Council Member Phan West from outside boards/ committees until the end of her elected term and organize a statement of intent to not defend in lawsuit.
The motion carried, 3-2, by the following roll call vote:
AYES: C. NGUYEN, HO, MANZO
NOES: PHAN WEST, N. NGUYEN
ABSENT: NONE
ABSTAIN: NONE
Motion was made by Vice Mayor Ho, seconded by Council Member Manzo, to recess the Adjourned Special Meeting and return to the regularly scheduled meeting, taking the Adjourned Special Meeting Closed Session item last.
Substitute motion was made by Council Member Phan West, seconded by Council Member Nguyen, to recess the Adjourned Special Meeting, hear Regular Meeting Agenda Item Nos. 5. 1 through 5.5 and then return to the Adjourned Special Meeting Closed Session.
The substitute 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 26, 2024
MINUTES OF ADJOURNED SPECIAL MEETING
RECESS: Mayor Nguyen recessed the Adjourned Special Meeting at 10:41 p.m.
RECONVENE: Mayor Nguyen reconvened the meeting on Thursday, June 27, 2024, at 12: 28 a. m.
ROLL CALL
PRESENT: MAYOR CHI CHARLIE NGUYEN
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
CLOSED SESSION
ORAL COMMUNICATIONS FOR CLOSED SESSION
The following individual spoke under oral communications for the Closed Session item:
1. Terry Rains addressed the Council regarding anticipated litigation, and potential criminal charges and litigation against Council Members Nguyen and Phan West.
Following oral communications, Mayor Nguyen expressed concern for the potential litigation.
CLOSED SESSION
City Clerk Arocho read the Closed Session title into the record:
1. Conference with Legal Counsel pursuant to
Government Code Section 54956. 9( d)( 2): Potential Litigation Number of Case( s): One ( 1)
The Mayor and the City Council entered Closed Session at 12:37 a.m.
RECONVENED: Mayor Nguyen reconvened the Adjourned Meeting at 12:51 a.m.
ROLL CALL
PRESENT: MAYOR CHI CHARLIE NGUYEN
VICE MAYOR KIMBERLY HO, DISTRICT 3
COUNCIL MEMBER CARLOS MANZO, DISTRICT 2
ABSENT: COUNCIL MEMBER AMY PHAN WEST, DISTRICT 1
COUNCIL MEMBER NAMQUAN NGUYEN, DISTRICT 4
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 26, 2024
MINUTES OF ADJOURNED SPECIAL MEETING
CLOSED SESSION REPORT
City Attorney Bettenhausen indicated there was no reportable action.
11. COUNCIL ADJOURNMENT
Mayor Nguyen adjourned the meeting at 12:53 a.m. on Thursday, June 27, 2024.
The meetings of July 10, 2024 and July 24, 2024 have been cancelled.
The nextRegularMeetingwill beheldonWednesday, August14, 2024, at 6:00 p.m.
Respectfully submitted:
S • '
or) ds- e rf6k
N R. AROHO, MMC
CITY CLERK
APPROVED:
CHI CHARLIE YEN
MAYOR
ATTEST:
l Artdi •
ASHTON R. R• ' HO, MMC
CITY CLERK
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY JUNE 26, 2024
MINUTES OF ADJOURNED SPECIAL MEETING
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