CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 14, 2024
MINUTES OF REGULAR MEETING
The City Council of the City of Westminster, California, convened on Wednesday, August 14, 2024, at 3:00 p.m. in a Closed Session via In-Person, City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
CLOSED SESSION
3: 00 P. M.
CALL TO ORDER
Mayor Nguyen called the Closed Session Meeting of the City Council/ Successor Agency to the Westminster Redevelopment Agency Meeting to order at 3: 32 p. m., on Wednesday, August 14, 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
ABSENT: COUNCIL MEMBER AMY PHAN WEST, DISTRICT 1
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
ORAL COMMUNICATIONS FOR CLOSED SESSION
There were no members of the public interested in speaking on the Closed Session items.
City Clerk Arocho read the Closed Session titles into the record:
1. Conference with Legal Counsel pursuant to
Government Code Section 54956. 9( d)( 1): Existing Litigation Case: Westminster and the Successor Agency v. Siraj Hassanally, et al.
OC Superior Court Case# 30- 2022- 01293334- CU- WM- CJC
2. Conference with Real Property Negotiators pursuant to Government Code Section 54956. 8:
Property: 15550 Beach Blvd. Westminster, CA 92683
City Negotiator: City Manager Christine Cordon and Assistant City Manager Adolfo
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 14, 2024
MINUTES OF REGULAR MEETING
Ozaeta
Negotiating Party: Orange Coast INFINITI, Owner Dennis Lin Under Negotiations: Price and Terms of Payment
3. Conference with Real Property Negotiators pursuant to Government Code Section 54956. 8:
Property: 8190 13th Street, Westminster, CA 92683
City Negotiator: Christine Cordon, City Manager; Adolfo Ozaeta, Assistant City Manager
Negotiating Party: Elderly Development Westminster L. P., a California Limited Partnership
Under Negotiation: Price and Terms of Payment
4. Conference with Legal Counsel pursuant to
Government Code Section 54956. 9 ( d)( 2): Potential Litigation Number of Case( s): One ( 1)
Evaluation of letter from County terminating the District Discretionary Funding Agreement between City and the County dated July 27, 2023.
The Mayor and the City Council entered Closed Session at 3:34 p.m.
RECESS: Mayor Nguyen recessed the meeting at 5:55 p.m. from Closed Session.
RECONVENE CITY COUNCIL MEETING: The City Council/ Successor Agency to the Westminster Redevelopment Agency meeting reconvened on Wednesday, August 14, 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: 09 p. m., on Wednesday, August 14, 2024, via In- Person, at the City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
ROLL CALL
PRESENT: MAYOR CHI CHARLIE NGUYEN
VICE MAYOR NAMQUAN NGUYEN, DISTRICT 4
COUNCIL MEMBER CARLOS MANZO, DISTRICT 2
COUNCIL MEMBER KIMBERLY HO, DISTRICT 3
ABSENT: COUNCIL MEMBER AMY PHAN WEST, DISTRICT 1 ( Arrived at 6: 14 p.m.)
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 14, 2024
MINUTES OF REGULAR MEETING
City Clerk Arocho announced a quorum of the City Council.
STAFF PRESENT: City Manager Christine Cordon
City Attorney Christian Bettenhausen
Assistant City Manager Adolfo Ozaeta
City Clerk Ashton Arocho
Finance Director Erin Backs
Police Chief Darin Lenyi
Human Resources and Risk Manager Director Jodie Griner
Public Works Director/ City Engineer Jake Ngo
Community Services Director Vanessa Johnson
Deputy Police Chief Ron Weber
Sergeant at Arms Stewart DeJong
Orange County Fire Authority Craig Covey
Management Analyst Veronica Johnson
Associate Planner Alice Tieu
Commander William Drinnin
Management Analyst Ryan Salz
Community Services and Recreation Supervisor Gina Nunez Information Technology Manager Charles Poovakan
SALUTE TO THE FLAG
Council Member Manzo led the flag salute.
INVOCATION
Vice Mayor Ho conducted the invocation.
CITY ATTORNEY/ CLOSED SESSION REPORT
City Attorney Bettenhausen announced that the Mayor and City Council met under Closed Session regarding the items listed on the agenda and took no reportable action.
City Attorney Bettenhausen noted that the City received a letter on August 14, roughly an hour or so before the start of the meeting, from an attorney representing Vice Mayor Ho.
Due to this item being presented following the posting of the agenda and the nature of the item, staff is requesting that an item be walked- onto the agenda regarding Potential Litigation.
City Attorney Bettenhausen noted that this item does require a 4/5 vote, but due to the letter being sent by a representative of Vice Mayor Ho, she would have to recuse herself from the vote.
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to walk on
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 14, 2024
MINUTES OF REGULAR MEETING
the item of potential litigation.
City Attorney Bettenhausen restated that the item requires a 4/ 5 vote, but due to the letter being sent by a representative of Vice Mayor Ho, she would have to recuse herself from the vote. Due to Council Member Phan West being absent, this item would not be able to be considered at this time.
EX PARTE COMMUNICATIONS
There were no Ex Parte Communications to be presented at this time.
REPORT FROM CITY CLERK
City ClerkArocho commentedon the closingof the nominationperiodfor the upcoming General Municipal Election and highlighted the late communication memo for Agenda Item Nos. 6. 1 and 7. 2 for Council consideration.
CITY MANAGER REPORT
City Manager Cordon made the following announcements:
Summer Concert
Upcoming Summer Concert is going to be caliente! The C Band brings the Latin beats right here to the Civic Center, 8200 Westminster Blvd., Westminster, CA 92683, on August 15th starting at 6 p.m. Pre- show fun begins at 5:30 p.m. with delicious birria tacos from El Super Birria, refreshing aguas frescas from Navarro's, and sweet funnel cake from The Cake Plug.
Can' t make it? No worries! Join us for our final Summer Concert Thursday, August 22nd, featuring The New Originals, a 70s and 80s dance band that will take you back to the grooviest era of music.
Luau Luncheon
Get ready to hula and have fun at the Luau Luncheon on August 16th at 11:30 a.m. at Westminster Senior Center, 8200 Westminster Blvd., Westminster, CA 92683. Enjoy live entertainment by Panjive and a tasty meal. Tickets are $ 5. For more information, please contact the Senior Center at 714- 895- 2878.
Fall Festival
Our Fall Festival is just around the corner! Join us Thursday through Sunday, September 26th- 29th for fun for the whole family. Vendor and Sponsor opportunities are still available! Applications can be found on the city's website or by emailing FallFestival@westminster- ca. gov. Purchase your carnival ride tickets now to save up to 20% off! Discounted pre- sale
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 14, 2024
MINUTES OF REGULAR MEETING
tickets are now available for purchase online at the city' s website.
City Manager Cordon also announced and welcomed Shaunna Hunter, Senior Management Analyst, to the City Manager' s Office.
Council Member Phan West entered the meeting at 6: 14 p.m.
Prior to Special Presentations, Mayor Nguyen announced that Council Member Phan West arrived in the meeting and asked City Attorney Bettenhausen to restate the request for the walk- on item.
City Attorney Bettenhausen noted that the City received a letter on August 14, roughly an hour or so before the start of the meeting, from an attorney representing Vice Mayor Ho.
Due to this item being presented following the posting of the agenda and the nature of the item, staff is requesting that an item be walked- onto the agenda regarding Potential Litigation.
City Attorney Bettenhausen noted that this item does require a 4/5 vote, but due to the letter being sent by a representative of Vice Mayor Ho, she would have to recuse herself from the vote.
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to walk on the item of potential litigation.
The motion failed, 2-2-0- 1, by the following roll call vote:
AYES: C. NGUYEN, MANZO
NOES: PHAN WEST, N. NGUYEN
ABSENT: NONE
ABSTAIN: HO
1. SPECIAL PRESENTATION
The Mayor and City Council recognized the following presentation:
A. Certificate of Recognition to Westminster Police Department Officers for Earning an Award from Mothers Against Drunk Driving ( MADD).
Council Member Nguyen left the dais at 6:25 p.m.
Prior to Oral Communications, City Manager Cordon asked the Mayor and City Council to consider a change in the order of the agenda as follows: Agenda Item Nos. 6. 1, 7. 1, 7. 2,
7. 3, and 7. 4 to be heard after the Consent Calendar before Regular Business.
Motion was made by Mayor Nguyen, seconded by Vice Mayor Ho, to hear the following
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 14, 2024
MINUTES OF REGULAR MEETING
Agenda items out of order: Agenda Item Nos. 6. 1, 7. 1, 7.2, 7.3, and 7.4 to be heard after the Consent Calendar before Regular Business.
Council Member Phan West asked that Agenda Item Nos. 5.9 and 5. 10 to be heard following Agenda Item No. 7.4.
Council Member Nguyen returned to the dais at 6:27 p.m.
Amended Motion was made by Mayor Nguyen, seconded by Vice Mayor Ho, to hear the following Agenda items out of order: Agenda Item Nos. 6. 1, 7. 1, 7.2, 7.3, and 7.4 to be heard after the Consent Calendar before Regular Business and Agenda Item Nos.
5.9 and 5.10 immediately following Item 7.4.
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
2. ORAL COMMUNICATIONS — AGENDA ITEMS ONLY
The following individuals spoke under oral communications on agenda items only:
1. Nguyen Hung spoke in opposition of Agenda Item No. 5.9, commented on the previous meeting stating that Council Member Phan Wet was willing to apologize in order to move forward and suggested that all of the City Council be considered for a censure.
2. Mark Nguyen, representing Midway City Sanitary District, spoke in support of Agenda Item No. 5.6 and invited the community to come out and enjoy the event.
3. Robert Furman commented in support of Council Member Phan West and opposition of Agenda Item No. 5. 9.
4. Michael Verrengia stated that Agenda Item No. 5.10 is not city business and requested that the City Council take no action; requested that those who attend the conference need to be attentive and learn ( Agenda Item No. 5. 7); requested that Council Member Phan West recuse herself from Agenda Item No. 7. 4 due to a conflict of interest; spoke in support of Agenda Item No. 5. 9 and clarified the differences in censure versus censor.
5. D' Vorah Mariscal congratulated the Police Department for their awards ( Special Presentation Item 1); commented on the relevance of agenda order( Agenda Item
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 14, 2024
MINUTES OF REGULAR MEETING
No. 3. 10); proposed that Mayor Nguyen be the only one to attend on behalf of the City Council ( Agenda Item No. 6. 1) and commented in support of Agenda Item No. 5. 9.
6. Tami Hammell stated in opposition for Council Member Phan West to attend the conference ( Agenda Item No. 5. 7); requested that Council Member Phan West to recuse herself from discussion for Agenda Item No. 7. 4; commented in support of Agenda Item No. 5. 9; and commented on the inappropriateness of Agenda Item No. 5. 10.
7. Jody Boyd raised concerns regarding the fiscal emergency the city is currently undergoing, commented on the lack of progress made by the City Council regarding city business and highlighted the benefits of plant- based medicines.
8. John Angrisani commented in opposition of Agenda Item No. 5. 9 and spoke in support for Council Member Phan West.
9. Ronald Guyer commented in opposition of Agenda Item No. 5. 9 and spoke in support for Council Member Phan West.
10. Gigi Vo stated her prior support and campaigning for Council Member Phan West, highlighted her concerns of Council Member Phan West' s actions and spoke in support of Agenda Item No. 5. 9.
11. Hue Doanetto commented in support of Agenda Item No. 5.9 by highlighting her concerns of Council Member Phan West' s actions and voiced inappropriateness of Agenda Item No. 5. 10.
12. Dao Tran stated her prior support and campaigning for Council Member Phan West, highlighted her concerns of Council Member Phan West' s actions and spoke in support of Agenda Item No. 5. 9 and highlighted the inappropriateness of bringing Agenda Item No. 5. 10 in a public setting.
13. Khai Dao commented on the lack of business being done by the City Council.
Council Member Nguyen left the dais at 7:12 p.m.
14. Coni Kohan commented in support of Agenda Item No. 5. 9, agreed with members of the public who stated that Agenda Item No. 5. 10 is inappropriate and not a city business matter, raised concerns regarding the proposed Ordinance for Agenda Item No. 7.4, and asked the City Council to support the request of Agenda Item No. 5. 6.
15. Monique Nguyen commented in support of Agenda Item No. 5.9, stating the multiple violations made by Council Member Phan West and commented on the
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 14, 2024
MINUTES OF REGULAR MEETING
inappropriatenessof bringingAgendaItemNo. 5.10 in a publicsetting.
16.Nhat Linh commentedin supportof Agenda Item No. 5.9, statingthe multiple violations made by Council Member Phan West.
Mayor Nguyen left the dais at 7:24 p.m.
17. Smithie Lu, Representative from the American Citizen Defense Coalition, was called to speak.
Council Member Phan West interrupted the speaker asking if he would like to wait to provide his comments once the mayor returned to the dais.
The speaker continued his comments.
17. Continued - Smithie Lu, Representative from the American Citizen Defense Coalition, recommended that the City Council tap into the voters who placed them on the City Council prior to bringing an item of this nature to a public meeting.
18. Terry Rains, congratulated the Police Department for their awards ( Special Presentation Item 1); recommended that Mayor Nguyen recuse himself from the discussion due to a conflict of interest ( Agenda Item No. 5. 6); stated that Council Member Phan West should be prohibited from attending any conferences on behalf of the City Council or City ( Agenda Item Nos. 5. 7 and 6. 1); stated that Agenda Item No. 5.10 is not city business and highlighted the inaccuracy of the report; recommended that Council Member Phan West recuse herself from the discussion due to a conflict of interest and commented on her written communication on errors and omissions within the item ( Agenda Item No. 7. 4); commented on the lack of sanctions included in Agenda Item No. 5. 9.
Mayor Nguyen returned to the dais at 7:27 p.m.
Council Member Manzo left the dais at 7:29 p.m.
19.Minh Tien commented in support of Agenda Item No. 5.9, stating that the City Council and community have already spent enough time on this item and commented on concerns of actions made by Council Member Phan West.
Council Member Manzo returned to the dais at 7:32 p.m.
Following oral communications, Council Member Phan West responded to comments made from members of the public regarding their support and campaigning for Council Member Phan West during the 2022 election.
Mayor Nguyen thanked the members of the public for coming out and participating in the
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 14, 2024
MINUTES OF REGULAR MEETING
meeting.
3. CONSENT CALENDAR
Mayor Nguyen pulled Agenda Item No. 3. 4 and Council Member Manzo pulled Agenda Item No. 3. 9, for separate discussion.
3. 1 Minutes of the City Council and the Successor Agency to the Westminster Redevelopment Agency.
ACTION: The Mayor and City Council approved the minutes as presented for the dates listed below:
A. June 25, 2024 ( Special Meeting); and
B. July 10, 2024 ( Cancellation of Meeting); and
C. July 24, 2024 ( Cancellation of Meeting).
3. 2 City Council and Successor Agency Warrant Registers dated June 20, 2024 through August 7, 2024.
ACTION: The Mayor and City Council received and filed.
3. 3 Treasurer' s Report for June 2024.
ACTION: The Mayor and City Council received and filed the report.
3. 4 THIS ITEM WAS PULLED FROM THE CONSENT CALENDAR AND HEARD UNDER SEPARATE DISCUSSION ( SEE END OF CONSENT CALENDAR).
3. 5 Notice of Completion of Work Performed by COPP Contracting, Inc. for the Citywide Residential Street Improvements Project ( Project Plan No. CDBG 23- 24).
ACTION: The Mayor and City Council accepted the subject project and authorized the City Clerk to file a Notice of Completion with the County Clerk- Recorder' s Office.
3. 6 Notice of Completion for Work Performed by Western State Builders, Inc. for the Playground Renovation Project for Newcastle Park - Project No. P- 2565.
ACTION: The Mayor and City Council accepted the subject project and authorized the City Clerk to file a Notice of Completion with the County Recorder' s Office.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 14, 2024
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3. 7 Notice of Completion for Work Performed by Western State Builders, Inc. for the Playground Renovation Project for Sigler Park - Project No. P- 2557.
ACTION: The Mayor and City Council accepted the subject project and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office.
3. 8 Acceptance of Final Parcel Map Number 2019- 106 for 14541 Bushard Street.
ACTION: The Mayor and City Council accepted Final Parcel Map Number 2019-106 and authorized the City Clerk to sign and seal the map.
3. 9 THIS ITEM WAS PULLED FROM THE CONSENT CALENDAR AND HEARD UNDER SEPARATE DISCUSSION ( SEE END OF CONSENT CALENDAR).
3. 10 Resolution Re- Establishing the Order of Business for Regular Meetings of the City Council.
ACTION: The Mayor and City Council adopted Resolution No. 5273 entitled, " A
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, RESCINDING RESOLUTION NO. 5217 TO
REESTABLISH THE ORDER OF BUSINESS TO BE FOLLOWED IN REGULAR MEETINGS OF THE CITY COUNCIL."
3. 11 Resolution to Adopt the Amended and Updated Conflict of Interest Code for the City of Westminster, Pursuant to the Political Reform Act of 1974.
ACTION: The Mayor and City Council adopted Resolution No. 5274 entitled, " A
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
WESTMINSTER, CALIFORNIA, AMENDING AND UPDATING THE CONFLICT-
OF- INTERST CODE FOR THE CITY OF WESTMINSTER FOR DESIGNATED EMPLOYEES AND OFFICIALS AND RESCINDING RESOLUTION NO. 5154," pursuant to the Political Reform Act of 1974.
CONSENT CALENDAR — ALL ITEMS ( 3. 1- 3. 11)
Motion was made by Council Member Manzo, seconded by Mayor Nguyen, to approve the Consent Calendar, with the exception of Agenda Item Nos. 3.4 and 3. 9 which were pulled for separate discussion.
The motion carried, 4-0- 1-0, by the following roll call vote:
AYES: C. NGUYEN, HO, PHAN WEST, MANZO
NOES: NONE
ABSENT: N. NGUYEN
ABSTAIN: NONE
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 14, 2024
MINUTES OF REGULAR MEETING
AGENDA ITEM( S) PULLED FROM CONSENT CALENDAR FOR SEPARATE
DISCUSSION
3. 4 City of Westminster Crime Statistics - A Second Quarter Comparison for 2023 and 2024.
This item was pulled by Mayor Nguyen for a staff presentation.
Police Chief Lenyi provided a brief staff report and answered questions of the City Council.
Council Member Nguyen returned to the dais at 7:40 p.m.
Discussion ensued regarding things in the pipeline to ensure additional safety measures are implemented when it comes to protecting the community, especially in cases of retail theft.
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. 9 Approval of Delegated Maintenance Agreement between the City of Westminster and the State of California for Litter, Debris, and Fence Maintenance Along a Portion of Beach Boulevard.
This item was pulled by Council Member Manzo for questions of staff.
Assistant City Manager Ozaeta provided clarification on the affected area outlined in the staff report.
Discussion ensued regarding the high request from residents for this project and comments related to monitoring the progress and maintenance.
Council Member Nguyen left the dais at 7:47 p.m.
Motion was made by Council Member Manzo, seconded by Mayor Nguyen, to:
A. Approve the Delegated Maintenance Agreement between the City of
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 14, 2024
MINUTES OF REGULAR MEETING
Westminster ( City) and the State of California, acting by and through the Department of Transportation ( State), for litter, debris, and fence maintenance along a portion of Beach Boulevard; and
B. Approve an increase to the Revenue Budget, Account Number 51500- 39069 Street Maintenance - Reimbursement - Other) in the amount of$ 25, 000; and C. Approve an increase to the Expenditure Budget, Account Number 51500- 43090 Street Maintenance - Contractual) in the amount of$ 25, 000.
The motion carried, 4-0-1-0, by the following roll call vote:
AYES: C. NGUYEN, HO, PHAN WEST, MANZO
NOES: NONE
ABSENT: N. NGUYEN
ABSTAIN: NONE
THE FOLLOWING ITEMS WERE HEARD OUT- OF- ORDER
6. LEGISLATIVE ITEM
6. 1 Designation of Voting Delegate and Alternate( s) for 2024 Annual League of California Cities ( Cal Cities) Conference to be held in Long Beach, California.
Council Member Nguyen returned to the dais at 7:50 p.m.
City Clerk Arocho commented on the late communication memo for this item, outlining that the conference will take place in Long Beach, California and not Sacramento, California.
Mayor Nguyen raised his desire to act as the delegate for the City Council.
Council Member Manzo commented in his support for having Mayor Nguyen serve as the delegate.
Motion was made by Council Member Manzo, seconded by Vice Mayor Ho, to appoint Mayor Nguyen as the delegate for voting purposes at the 2024 League of California Cities (Cal Cities) Annual Conference in Long Beach, CA.
Council Member Phan West commented on last year' s rotation of appointees and stated that only Mayor Nguyen and herself are attending the conference due to availability.
Discussion ensued regarding those attending the conference.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 14, 2024
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Council Member Phan West voiced her desire to act as an alternate for the City Council.
Council Member Manzo also stated his desire in acting as an alternate for the City Council.
Vice Mayor Ho commented on her wish to act as an alternate for the City Council.
Due to Vice Mayor Ho having an interest to serve as an alternate, Council Member Manzo rescinded his offer to serve.
City Manager Cordon clarified the differences between a voting delegate and a conference attendee.
City Attorney Bettenhausen also asked that the alternates be identified as # 1 and
2. Motion was made by Council Member Manzo, seconded by Vice Mayor Ho, to appoint Mayor Nguyen as the delegate and Vice Mayor Ho as Alternate # 1 and Council Member Phan West as Alternate# 2 for voting purposes at the 2024 League of California Cities ( Cal Cities) Annual Conference in Long Beach, CA.
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
7. COMMISSION AND COMMITTEE ITEMS
7. 1 Appointment of 13 Members to the Youth Committee.
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to appoint Derrick Auduong, Dylan Auduoung, Conlan Donahue, Jonier Gebraeel, Sachiko Karasawa, Abigail Lezama, Andrew Rosete, Michelle Shim, Claire Tran, Genevieve Valencia, Alan Dao, Maihan Ngoc Tran, and Karalynn Tran Huynh to serve on the Youth Committee for a term expiring June 30, 2025.
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 AUGUST 14, 2024
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Council Member Phan West left the dais at 7:57 p.m.
7. 2 Appointment to the Planning Commission.
Council Member Phan West returned to the dais at 7:58 p.m.
Motion was made by Vice Mayor Ho, seconded by Mayor Nguyen, to appoint Laura Rose (Vice Mayor Ho's appointee) to the Planning Commission for a term ending December 2024, waiving other applicable requirements.
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
7. 3 Request to Install Parking Restrictions on Monroe Street at Liberty Park Access Driveway - T. C. 77- 123.
Council Member Phan West left the dais at 7:59 p.m.
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to adopt Resolution No. 5276 entitled, " A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, PROVIDING FOR NO
PARKING OR STOPPING AT A CERTAIN LOCATION ON THE EAST SIDE OF MONROE STREET AT 19TH STREET."
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
7. 4 Introduce for First Reading an Ordinance Amending Section 10.44.050 and Adding Section 10.44.245 of the Westminster Municipal Code Relating to the Permit Requirement for the Parking of Recreational Vehicles.
Council Member Phan West returned to the dais at 8:01 p.m.
Mayor Nguyen asked City Attorney Bettenhausen if Council Member Phan West needs to recuse herself from this discussion due to a conflict of interest.
City Attorney Bettenhausen stated that there have been comments that Council
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 14, 2024
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Member Phan West may own or have a business related to RVs and the recommendation would be to recuse herself from discussion due to a conflict of interest. However, also clarified that the choice to recuse oneself from discussion is solely up to the Council Member in question.
Council Member Manzo asked City Attorney Bettenhausen if the conflict of interest also applies to family members who may have a financial benefit.
City Attorney Bettenhausen responded regarding what applies under state law.
Council Member Phan West stated that she does not have a conflict of interest on this item and will not be recusing herself from the discussion.
City Attorney Bettenhausen clarified that the choice to recuse or not is solely on the Council Member.
Management Analyst Johnson and Commander Drinnin provided the staff report.
Mayor Nguyen commented on the proposed restrictions recommended by staff versus the recommendations made by the Traffic Commissioners.
Mayor Nguyen also highlighted the concerns about safety.
Management Analyst Johnson provided feedback on the proposed restrictions recommended by staff.
Council Member Manzo commented on the negative impacts that RVs have on the community and raised concerns of safety for the residents when there are RVs parked on the street.
Mayor Nguyen left the dais at 8: 19 p. m.
Discussion ensued regarding blight in the city.
Council Member Manzo raised concerns of allowing 36 days annually for the permit and the reference in the proposed Ordinance in miles, instead of feet.
Mayor Nguyen returned to the dais at 8: 25 p. m.
Assistant City Manager Ozaeta provided clarification on two successful permit parking districts implemented by the city and parking enforcement.
Vice Mayor Ho left the dais at 8: 26 p. m.
Discussion ensued regarding unpaid parking citations.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 14, 2024
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Council Member Manzo requested the following amendments to be made to the Ordinance:
500' max
12 permits per year
24- hour duration of each permit
Not eligible to receive a permit if there are outstanding RV parking citations Vice Mayor Ho returned to the dais at 8:30 p.m.
Council MemberPhanWest asked clarifyingquestionsidentifyingthe differences between a recreational vehicle and a motor vehicle.
Discussion ensued regarding the requirements of a recreational vehicle and comments were made regarding the process members of the public would have to take in order to receive a permit (going into the Police Department etc.) Vice Mayor Ho thanked staff for their time on the report.
Council Member Nguyencommentedon the need to serve the communityand dislikes the challenges the proposed ordinance will pose to members of the public.
Council Member Nguyen proposed the following amendments to be made to the Ordinance:
48- hour duration of each permit
24 permits per year
Discussion ensued regarding permits for residents only.
Mayor Nguyen responded to comments made by Council Member Nguyen and identified the ongoing problems throughout the community related to RV parking.
Mayor Nguyen also noted that this item was added to the agenda to allow members of the public to speak in support or opposition of the item and that there hasn' t been many comments or discussion from the public in opposition to the proposed ordinance/ process.
CouncilMemberPhanWest inquiredwhat surroundingcitiesare currentlydoingfor RV parking.
Discussion ensued regarding surrounding cities policies and procedures.
Motion was made by Council Member Manzo, seconded by Vice Mayor Ho, to introduce and amend the Ordinance entitled, " AN ORDINANCE OF THE MAYOR
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 14, 2024
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AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, AMENDING SECTION 10. 44. 050 ( USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED), OF CHAPTER 10. 44 ( STOPPING, STANDING AND PARKING) TO TITLE 10 ( VEHICLES AND TRAFFIC) AND ADDING SECTION
10. 44. 245 ( RECREATIONAL VEHICLE PARKING - PERMIT REQUIRED) OF CHAPTER 10. 44 ( STOPPING, STANDING AND PARKING) TO TITLE 10
VEHICLES AND TRAFFIC) OF THE WESTMINSTER MUNICIPAL CODE
RELATING TO THE PERMIT REQUIREMENT FOR THE PARKING OF
RECREATIONAL VEHICLES AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT," read by title only and waive further reading; and include the following amendments:
500' max
12 permits per year
24- hour duration of each permit
Not eligible to receive a permit if there are outstanding RV parking citations Substitute Motion was made by Council Member Phan West, seconded by Council Member Nguyen, to introduce and amended the Ordinance entitled, " AN
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
WESTMINSTER, CALIFORNIA, AMENDING SECTION 10. 44. 050 ( USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED), OF CHAPTER 10. 44 STOPPING, STANDING AND PARKING) TO TITLE 10 ( VEHICLES AND TRAFFIC) AND ADDING SECTION 10. 44. 245 ( RECREATIONAL VEHICLE PARKING - PERMIT REQUIRED) OF CHAPTER 10. 44 ( STOPPING, STANDING AND PARKING) TO TITLE 10 ( VEHICLES AND TRAFFIC) OF THE
WESTMINSTER MUNICIPAL CODE RELATING TO THE PERMIT REQUIREMENT
FOR THE PARKING OF RECREATIONAL VEHICLES AND FINDING THE
ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT," read by title only and waive further reading; and include the following amendments:
36 permits per year
72- hour duration of each permit
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 Council Member Manzo, seconded by Vice Mayor Ho, to introduce and amend the Ordinance entitled, " AN ORDINANCE OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, AMENDING SECTION 10. 44. 050 ( USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED), OF CHAPTER 10. 44 ( STOPPING, STANDING AND
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 14, 2024
MINUTES OF REGULAR MEETING
PARKING) TO TITLE 10 ( VEHICLES AND TRAFFIC) AND ADDING SECTION
10. 44. 245 ( RECREATIONAL VEHICLE PARKING - PERMIT REQUIRED) OF CHAPTER 10. 44 ( STOPPING, STANDING AND PARKING) TO TITLE 10
VEHICLES AND TRAFFIC) OF THE WESTMINSTER MUNICIPAL CODE
RELATING TO THE PERMIT REQUIREMENT FOR THE PARKING OF
RECREATIONAL VEHICLES AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT," read by title only and waive further reading; and include the following amendments:
500' max
12 permits per year
24- hour duration of each permit
Not eligible to receive a permit if there are outstanding RV parking citations The motion passed, 3-2, by the following roll call vote:
AYES: C. NGUYEN, HO, MANZO
NOES: PHAN WEST, N. NGUYEN
ABSENT: NONE
ABSTAIN: NONE
4. PUBLIC HEARINGS — None
5. REGULAR BUSINESS
5. 9 Resolution to Censure Councilwoman Amy Phan West, District 1.
Council Member Nguyen left the dais at 8:59 p.m.
Council Member Phan West stated that the motion to change the order of the items was that 5. 10 would be heard prior to 5. 9.
CityClerkArochoannouncedforthe recordthe motionthatwas approvedregarding the re-ordering of agenda items.
Vice Mayor Ho commented on the continuation of this item and stated that she' d like to move forward and not continue to discuss the item further.
Motion was made by Vice Mayor Ho, seconded by Council Member Manzo, to adopt Resolution No. 5275 entitled, " A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, CENSURING COUNCILWOMAN AMY PHAN WEST ( DISTRICT 1) FOR UNACCEPTABLE CONDUCT."
Council Member Nguyen returned to the dais at 9:02 p.m.
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Discussion ensued regarding the item.
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to call for question.
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 adopt Resolution No. 5275 entitled, " A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, CENSURING COUNCILWOMAN AMY PHAN WEST ( DISTRICT 1) FOR UNACCEPTABLE CONDUCT".
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 Council Member Nguyen, seconded by Council Member Phan West, to request that City Clerk Arocho read the entire Resolution into the record.
The motion carried, 4- 1, by the following roll call vote:
AYES: C. NGUYEN, HO, PHAN WEST, N. NGUYEN
NOES: MANZO
ABSENT: NONE
ABSTAIN: NONE
Mayor Nguyen left the dais at 9:25 p. m.
City Clerk Arocho, along with City Attorney Bettenhausen, read out loud Resolution No. 5275 into the record.
Mayor Nguyen returned to the dais at 9:28 p.m.
Council Member Nguyen left the dais at 9:28 p.m.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 14, 2024
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Council Member Nguyen returned to the dais at 9:29 p.m.
5. 10 Demand of Payment of GoFundMe Funds to Ms. Hsin I. Lin and Propose Investigation of Vice Mayor Kimberly Ho Related to Use of Her Title in Connection with the Alleged GoFundMe Scam to Raise Funds in the E-Bike Death of Ms. Lan My Thai in the City of Westminster.
Mayor Nguyen raised concerns regarding the subject of the item, stating that this appears to be outside the scope of city business and raised concerns that this could be a potential litigation item.
Discussion ensued regarding the nature of the item and if this is city business.
Council Member Phan West requested this item to be included on the agenda and provided background related to the GoFundMe account.
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to not discuss the item.
Discussion ensued regarding the item.
Substitute motion was made by Council Member Nguyen, seconded by Council Member Phan West, to discuss the item.
Discussion continued regarding the item.
RECESS: Mayor Nguyen called for a recess at 9:47 p.m.
RECONVENE: Mayor Nguyen reconvened the meeting at 9:56 p.m.
ROLL CALL
PRESENT:
MAYOR CHI CHARLIE NGUYEN
VICE MAYOR, DISTRICT 3 KIMBERLY HO
COUNCIL MEMBER, DISTRICT 1 AMY PHAN WEST
COUNCIL MEMBER, DISTRICT 2 CARLOS MANZO
COUNCIL MEMBER, DISTRICT 4 NAMQUAN NGUYEN
ABSENT:
NONE
Motion was made by Mayor Nguyen, seconded by Council Member PhanWest, to extend the meeting past 10: 00 p. m., per city policy.
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MINUTES OF REGULAR MEETING
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN, HO, PHAN WEST, MANZO, N. NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5. 10 Demand of Payment of GoFundMe Funds to Ms. Hsin I. Lin and Propose Investigation of Vice Mayor Kimberly Ho Related to Use of Her Title in Connection with the Alleged GoFundMe Scam to Raise Funds in the E- Bike Death of Ms. Lan My Thai in the City of Westminster.
Discussion continued.
RECESS: Mayor Nguyen called for a recess at 10:24 p.m.
RECONVENE: Mayor Nguyen reconvened the meeting at 10:33 p.m.
ROLL CALL
PRESENT:
MAYOR CHI CHARLIE NGUYEN
VICE MAYOR, DISTRICT 3 KIMBERLY HO
COUNCIL MEMBER, DISTRICT 1 AMY PHAN WEST
COUNCIL MEMBER, DISTRICT 2 CARLOS MANZO
COUNCIL MEMBER, DISTRICT 4 NAMQUAN NGUYEN
ABSENT:
NONE
5. 10 Demand of Payment of GoFundMe Funds to Ms. Hsin I. Lin and Propose Investigation of Vice Mayor Kimberly Ho Related to Use of Her Title in Connection with the Alleged GoFundMe Scam to Raise Funds in the E- Bike Death of Ms. Lan My Thai in the City of Westminster.
Discussion continued.
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to call for question.
Due to discussion continuing, a vote was not able to be taken.
Mayor Nguyen thanked members of the public for attending the meeting.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 14, 2024
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Motion was made by Mayor Nguyen, seconded by Council Member Phan West, to adjourn the meeting and continue the remaining items to the August 28, 2024, Regular City Council Meeting.
The motion carried, 4- 1, by the following roll call vote:
AYES: C. NGUYEN, HO, PHAN WEST, N. NGUYEN
NOES: MANZO
ABSENT: NONE
ABSTAIN: NONE
THE FOLLOWING ITEMS WERE CONTINUED TO THE AUGUST 28, 2024, REGULAR
CITY COUNCIL MEETING
5. 1 Award of Contract for the Mendez Historic Trail & Green Street Bikeway Project ( Mendez Freedom Trail Project) - P2499.
5. 2 Award of Contract for the Magnolia Street Improvements Project from Edinger Avenue to Heil Avenue - Project Plan. No. 2566.
5. 3 Award of Contract for the Playground Renovation Project for Tony Lam Park - Project No. P- 2605.
5. 4 Business License Administration and Application Process Update.
5. 5 Banner Hanging Request from Garden Grove Unified School District.
5. 6 Consider Sponsorship for Midway City Sanitary District ( MCSD) 85th Anniversary Celebration.
5. 7 Approval of Out- of- State Travel for Council Members to Attend the Association of California Cities - Orange County ( ACC- OC) 2024 Washington, D.C. Advocacy Trip from September 16 through September 19, 2024.
5. 8 Authorize a Purchase Order to Aqua- Metric Sales Company for the Purchase of Sensus Autogun Meter Reading Devices, Water Meters, and Parts for 3/4", 1", and 2" Cold Water Meters, and Large Meters ( 3" thru 6") for FY 2024- 2025.
5. 10 Demand of Payment of GoFundMe Funds to Ms. Hsin I. Lin and Propose Investigation of Vice Mayor Kimberly Ho Related to Use of Her Title in Connection with the Alleged GoFundMe Scam to Raise Funds in the E- Bike Death of Ms. Lan My Thai in the City of Westminster.
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8. ORAL COMMUNICATIONS - NON- AGENDA ITEMS
This item was not heard.
9. COMMENTS FROM CITY COUNCIL/ AGENCY MEMBERS ( Including AB 1234 Report when required)
This item was not heard.
10. COUNCIL ADJOURNMENT
Mayor Nguyen adjourned the meeting at 10:47 p.m. on Wednesday, August 14, 2024.
The next Regular Meeting will be held on Wednesday, August 28, 2024, at 6:00 p. m.
Respectfully submitted:
4001
SH ON R. AROCHO, MMC
CITY CLERK
APPROVED:
Hi CHAR , r rEN
MAYOR
ATTEST:
4.-50ifejei GPC)
ASHTONR. AROCHO, MMC
CITY CLERK
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