Late Communications Memo
Agenda Item Nos. 3.1 and 5.11
CHI CHARLIE NGUYEN
Mayor
KIMBERLY HO
Vice Mayor, District 3
AMY PHAN WEST
Council Member, District 1
CARLOS MANZO
Council Member, District 2
NAMQUAN NGUYEN
Council Member, District 4
AMENDED AGENDA
CITY COUNCIL/SUCCESSOR AGENCY TO THE
WESTMINSTER REDEVELOPMENT AGENCY
REGULAR MEETING
AUGUST 28, 2024
CLOSED SESSION – 4:00 p.m.
OPEN SESSION - 6:00 p.m.
CITY COUNCIL CHAMBERS
8200 WESTMINSTER BOULEVARD
WESTMINSTER, CALIFORNIA 92683
If you need special assistance to participate in this meeting, including interpretation, please contact the City Clerk’s Office at (714) 548-3237. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102-35.104 American Disabilities Act Title II)
Documents provided to a majority of the City Council regarding any item on this agenda are available for public inspection on the City’s website at www.westminster-ca.gov.
AMENDED AGENDA
AUGUST 28, 2024
Late Communications Memo
Agenda Item Nos. 3.1 and 5.11
MEETINGS
Regular meetings of the City Council are held the second and fourth Wednesday of each month at the hour of 5:30 p.m. (5:00 p.m. if deemed necessary) for Closed Session matters, if required.
The public session of the meeting shall commence at 6:00 p.m. or as soon thereafter as possible. (WMC 2.04.010)
AGENDA INFORMATION
The agenda contains a brief general description of each item to be considered. The agenda and supporting documentation are available for public review no later than 72 hours prior to the meeting. The agenda can be accessed on the City's web site at www.westminster-ca.gov.
Live
video streaming of regular meetings and an archive of agendas and minutes are also available on the City's website.
Visit https://westminsterca.granicus.com/ViewPublisher.php?view_id=2 to subscribe to agenda notifications.
RULES OF CONDUCT AND DECORUM AT PUBLIC MEETING WESTMINSTER MUNICIPAL CODE SEC. 2.04.060 AND RESOLUTION NO. 4963
In support and respect of one another and in an effort to orderly conduct the business of the people during the meeting, following the adopted Rules of Decorum are required, expected, and appreciated. The Rules of Conduct are as follows:
• Treat others courteously.
• Listen to others respectfully.
• No profane language.
• Please do not interrupt other speakers or council members. • Please remain seated or quiet when asked to.
• Please do not obstruct visibility for others in attendance with large signs. • Audience members may only hold signs in the back most row. • Signs shall not be larger than 8 ½ x 11 size.
• Individuals holding signs shall be limited to no more than one sign each. • Signs shall remain with the holder, and shall not be placed in adjacent seats. • For your safety and the safety of others, no signs on sticks are allowed in the Council Chambers.
[INTENTIONALLY LEFT BLANK]
AMENDED AGENDA
AUGUST 28, 2024
Late Communications Memo
Agenda Item Nos. 3.1 and 5.11
QUY TẮC HÀNH XỬ CHO NHỮNG BUỔI HỌP CÔNG CHÚNG
WESTMINSTER. 2.04.060 VÀ NGHỊ QUYẾT 4963
Để hỗ trợ và tôn trọng lẫn nhau và trong nỗ lực tiến hành có tr ật tự cho những buổi họp, việc tuân theo các quy tắc hành xử cần thiết đã được thông qua. Các quy tắc hành xử như sau:
• Đối xử lịch sự với người khác.
• Tôn trọng lắng nghe người khác.
• Không được dùng ngôn ngữ tục tĩu.
• Vui lòng không ngắt lời nói của người khác hoặc thành viên hội đồng thành phố. • Vui lòng ngồi yên hoặc im lặng khi được yêu cầu.
• Vui lòng không sử dụng những bảng hiệu lớn cản trở tầm nhìn của những người khác. • Cư dân đến tham dự buổi họp nên ngồi ở hàng ghế cuối trong phòng họp nếu mang theo bảng hiệu.
• Bảng hiệu không được lớn hơn kích thước 8 ½ x 11.
• Mỗi người chỉ có thể đem theo một bảng hiệu.
• Không được đặt bảng hiệu lên ghế ngồi bên cạnh.
• Vì sự an toàn của mọi người, không được phép sử dụng những bảng hiệu gắn trên cậy trong phòng họp hội đồng thành phố.
REGLAS DE CONDUCTA Y DECORO EN LAS REUNIONES PÚBLICAS
SECCIÓN DEL CÓDIGO MUNICIPAL DE WESTMINSTER. 2.04.060 Y RESOLUCIÓN NO. 4963
En apoyo y respeto mutuo y en un esfuerzo por conducir ordenadamente los asuntos de las personas durante la reunión, se requiere, espera, y agradece seguir las Reglas de Decoro adoptadas por la ciudad. Las reglas de conducta son las siguientes:
• Trate a los demás con cortesía.
• Escuche a los demás con respeto.
• No se permite lenguaje profano.
• No interrumpa a otros oradores o miembros del consejo. • Los miembros de la audiencia solo pueden sostener letreros en la última fila. • Los letreros no deben ser más grandes que 8 ½” x 11” de tamaño. • Permanezca sentado o en silencio cuando se lo pidan.
• Las personas que tengan letreros se limitarán a no más de un letrero por persona.
• Los letreros permanecerán con el miembro de la audiencia y no se colocarán en asientos adyacentes.
• Por su seguridad y la seguridad de los demás, no se permiten letreros con palos en las Cámaras del Consejo.
[INTENTIONALLY LEFT BLANK]
AMENDED AGENDA
AUGUST 28, 2024
Late Communications Memo
Agenda Item Nos. 3.1 and 5.11
ATTENDANCE AND PARTICIPATION BY THE PUBLIC
MEMBERS OF THE PUBLIC MAY VIEW THE MEETING LIVE IN ONE OF THE FOLLOWING WAYS:
• In Person
• City of Westminster YouTube Channel -
https://www.youtube.com/cityofwestminsterca92683
• City of Westminster Streaming Video Online -
https://westminsterca.granicus.com/ViewPublisher.php?view_id=2 • Westminster WTV: Spectrum Channel 3, Frontier FiOS Channel 42, and AT&T U-Verse Channel 99
MEMBERS OF THE PUBLIC MAY SUBMIT COMMENTS IN WRITING UP TO 24 HOURS PRIOR TO THE MEETING:
• E-mail your comments to [email protected]. • Comments received via e-mail will be provided to the City Council and be reflected in the minutes. Comments will not be read verbally at the meeting. • Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information (i.e. phone numbers, addresses, etc.) that you do not want to be published.
TO SPEAK IN PERSON:
• Complete a green speaker slip that is provided at the entrance of the council chambers and submit the completed slip to City Clerk staff.
• When your name is called, step up to the podium and state your name* and city of residence* (*optional) for the record.
TO REQUEST TO SPEAK IN ADVANCE IN PERSON:
• E-mail your request to speak at the meeting along with your name to [email protected].
• E-mail to speak in advance at the email listed above must be received 24 hours prior to the meeting.
AMENDED AGENDA
AUGUST 28, 2024
Late Communications Memo
Agenda Item Nos. 3.1 and 5.11
MEMBERS OF THE PUBLIC MAY REQUEST AN INTERPRETER* IN ADVANCE TO ASSIST
A NON- ENGLISH SPEAKER DURING THE ORAL COMMUNICATIONS AND PUBLIC HEARING SECTIONS OF THE MEETING.
In accordance with Resolution No. 5135, the City Council adopted a policy providing rules governing translators and public comments to ensure a fair opportunity for all speakers to address the City Council. A non-English speaking member of the public wishing to address the City Council may bring their own interpreter* to interpret for them from non-English to English. A non-English speaking member of the public may alternatively request that the City provide an interpreter* to interpret in Vietnamese or Spanish. The request must be made no less than 48 hours in advance for a regular meeting, and 12 hours in advance for a special meeting. The City will voluntarily make a reasonable effort to accommodate the request. However, the City does not have a legal obligation to provide an interpreter*. Any non-English speaking member of the public may utilize the services of a City-provided interpreter*, if one is available at the meeting.
In accordance with the policy and the California Government Code, non- English speakers who utilize an interpreter* will be allowed to speak twice the allotted time granted by the City Council to any speaker not utilizing an interpreter*, subject to any restrictions set forth in the City’s adopted policy.
Speakers who elect to address the City Council in English and self -translate into another language will not be allowed twice the allotted time.
*Also referenced as “Translator” in Government Code and City Resolution.
Except as specifically provided by law for closed sessions, all meetings of the City Council Agency shall be open and public. Agendas for the City Council meetings provide the public an opportunity to directly address the City Council on items of interest to the public that are within the subject matter jurisdiction of the City Council on any agenda items. NO action may be taken on items not listed on the agenda unless authorized by law.
WEBSITE/TELEVISED MEETING SCHEDULE
Regular City Council meetings are broadcast live on Westminster Cable Channel 3 and REBROADCAST on Monday at 5:00 p.m., Wednesday at 6:00 p.m., Friday at 7:00 a.m. and Sunday at 8:30 a.m. The City’s website (www.westminster-ca.gov) provides information about viewing live and archived City Council meetings. If you have internet access, you can follow the meeting live with a video stream on your computer. You will also have access to an archive of recent City Council meeting agendas, videos and minutes.
AMENDED AGENDA
AUGUST 28, 2024
Late Communications Memo
Agenda Item Nos. 3.1 and 5.11
CLOSED SESSION
4:00 P.M.
PUBLIC COMMENTS MAY BE RECEIVED BY THE CITY COUNCIL PRIOR TO ANY ITEM TO BE CONSIDERED IN CLOSED SESSION.
CALL TO ORDER
ROLL CALL 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
ORAL COMMUNICATIONS FOR CLOSED SESSION
CLOSED SESSION
The City Council will recess to a Closed Session for the following purpose:
1. 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 Vice Mayor Ho’s Attorney received on August 14, 2024
RECESS
AMENDED AGENDA
AUGUST 28, 2024
Late Communications Memo
Agenda Item Nos. 3.1 and 5.11
REGULAR SESSION
6:00 P.M.
RECONVENE CITY COUNCIL/SUCCESSOR AGENCY TO THE WESTMINSTER
REDEVELOPMENT AGENCY MEETING
CALL TO ORDER
ROLL CALL 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
SALUTE TO FLAG Council Member Nguyen
INVOCATION
CITY ATTORNEY/CLOSED SESSION REPORT
EX PARTE COMMUNICATIONS
(Including SB 1439 Report when required)
CITY CLERK REPORT
CITY MANAGER REPORT
1. SPECIAL PRESENTATION - None
[INTENTIONALLY LEFT BLANK]
AMENDED AGENDA
AUGUST 28, 2024
Late Communications Memo
Agenda Item Nos. 3.1 and 5.11
2. ORAL COMMUNICATIONS (CONCERNING AGENDA ITEMS ONLY)
THIS IS THE TIME OF THE MEETING THAT MEMBERS OF THE PUBLIC MAY
ADDRESS THE CITY COUNCIL REGARDING ANY ITEMS ON THE AGENDA, EXCEPT PUBLIC HEARING ITEMS. MEMBERS OF THE PUBLIC WISHING TO ADDRESS PUBLIC HEARING ITEMS SHALL DO SO AT THE TIME OF THE PUBLIC HEARING.
UNLESS OTHERWISE EXTENDED BY A MAJORITY VOTE OF THE CITY COUNCIL, COMMENTS SHALL BE LIMITED TO THREE (3) MINUTES PER SPEAKER.
ANY PERSON WISHING TO ADDRESS THE CITY COUNCIL IN PERSON SHOULD
COMPLETE A GREEN SPEAKER SLIP THAT IS PROVIDED AT THE ENTRANCE TO THE COUNCIL CHAMBERS AND SUBMIT THE CARD TO THE CITY CLERK. WHEN
YOUR NAME IS CALLED, PLEASE STEP TO THE PODIUM AT THAT TIME AND STATE YOUR NAME* AND CITY OF RESIDENCE* (*OPTIONAL) FOR THE RECORD.
3. CONSENT CALENDAR
ALL MATTERS LISTED UNDER THE CONSENT CALENDAR ARE CONSIDERED
ROUTINE AND MAY BE APPROVED BY A SINGLE MOTION FOLLOWED BY A ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS
UNLESS MEMBERS OF THE CITY COUNCIL OR STAFF REQUEST THAT SPECIFIC
ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION OR DISCUSSION.
MINUTES
3.1 Minutes of the City Council and the Successor Agency to the Westminster Redevelopment Agency.
RECOMMENDATION: Review and approve the minutes as presented for the August 14, 2024, Closed Session and Regular Meeting.
Late Communication
WARRANT REGISTER
3.2 City Council and Successor Agency Warrant Registers dated August 8, 2024 through August 21, 2024.
RECOMMENDATION: Receive and file.
REPORT
3.3 Treasurer’s Report for July 2024.
RECOMMENDATION: Receive and file the report.
AMENDED AGENDA
AUGUST 28, 2024
Late Communications Memo
Agenda Item Nos. 3.1 and 5.11
PROCLAMATIONS
3.4 Approval of Proclamations.
RECOMMENDATION: Consider and approve the following proclamations:
A. Proclamation - Hunger Action Month
B. Proclamation - World Alzheimer’s Awareness Month
ORDINANCE (SECOND READING)
3.5 Second Reading and Adoption of Ordinance No. 2613, 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.
RECOMMENDATION:
Conduct a second reading and adopt Ordinance No. 2613 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.
ROUTINE MATTERS
3.6 Notice of Completion for Work Performed by Onyx Paving Company, Inc. for the Westminster Boulevard Street Improvement Project from Goldenwest Street to Hoover Street. - Project No. P-2564.
RECOMMENDATION:
Accept the subject project and authorize the City Clerk to file a Notice of Completion with the County Recorder’s Office.
RESOLUTIONS
3.7 Application for Grant Funds for the Westminster Family Resource Center and Designation of City Manager to Act as Authorized Representative.
RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, TO APPLY AS
LEAD AGENCY FOR GRANT FUNDS FOR THE WESTMINSTER FAMILY RESOURCE
CENTER AND DESIGNATING THE CITY MANAGER TO ACT AS AUTHORIZED
AMENDED AGENDA
AUGUST 28, 2024
Late Communications Memo
Agenda Item Nos. 3.1 and 5.11
REPRESENTATIVE.”
ADMINISTRATIVE ITEMS
3.8 Adoption of Plans and Specifications and Authorization to Solicit Construction Bids for the Cherry Street Community Garden Project - Plan No. P-2616.
RECOMMENDATION:
A. Approve the plans and specifications for the Cherry Street Community Garden Project - Plan No. P-2614, and authorize the Public Works Director or City Engineer to approve minor modifications to the plans and specifications to accommodate requested revisions from public safety and utility agencies; and
B. Authorize the Public Works Department to advertise and solicit construction bids for said project.
3.9 Adoption of Plans and Specifications and Authorization to Solicit Construction Bids for the Baseball Infield Renovation Project for Buckingham and Westminster Parks - Plan No. P-2613.
RECOMMENDATION:
A. Approve the plans and specifications for the Baseball Infield Renovation for Buckingham and Westminster Parks - Plan No. P-2613, and authorize the Public Works Director or City Engineer to approve minor modifications to the plans and specifications to accommodate requested revisions from public safety and utility agencies; and
B. Authorize the Public Works Department to advertise and solicit construction bids for said project.
3.10 Adoption of Plans and Specifications and Authorization to Solicit Construction Bids for the Blakey Park Restoration Project - Plan No. P-2614.
RECOMMENDATION:
A. Approve the plans and specifications for the Blakey Park Restoration Project - Plan No. P-2614, and authorize the Public Works Director or City Engineer to approve minor modifications to the plans and specifications to accommodate requested revisions from public safety and utility agencies; and
B. Authorize the Public Works Department to advertise and solicit construction bids for said project.
AMENDED AGENDA
AUGUST 28, 2024
Late Communications Memo
Agenda Item Nos. 3.1 and 5.11
3.11 Adoption of Plans and Specifications and Authorization to Solicit Construction Bids for the Playground Renovation Projects for Bolsa Chica, Westminster Village, Bowling Green, College, and Russell C. Paris Parks - Plan No: P-2617.
RECOMMENDATION:
A. Approve the plans and specifications for the Playground Renovation Projects for Bolsa Chica, Westminster Village, Bowling Green, College, and Russell C. Paris Parks - Plan No: P-2617, and authorize the Public Works Director or City Engineer to approve minor modifications to the plans and specifications to accommodate requested revisions from public safety and utility agencies; and
B. Authorize the Public Works Department to advertise and solicit construction bids for said project.
END OF CONSENT CALENDAR
4. PUBLIC HEARING
ANYONE WISHING TO SPEAK ON AN OPEN PUBLIC HEARING MAY SPEAK IN PERSON. SPEAKERS DURING PUBLIC HEARING COMMENTS WILL EACH HAVE THREE (3) MINUTES TO SPEAK ON EACH PUBLIC HEARING ITEM.
ANY PERSON WISHING TO ADDRESS THE CITY COUNCIL IN PERSON SHOULD
COMPLETE A GREEN SPEAKER SLIP THAT IS PROVIDED AT THE ENTRANCE TO THE COUNCIL CHAMBERS AND SUBMIT THE CARD TO THE CITY CLERK. WHEN
YOUR NAME IS CALLED, PLEASE STEP TO THE PODIUM AT THAT TIME AND STATE YOUR NAME* AND CITY OF RESIDENCE* (*OPTIONAL) FOR THE RECORD.
4.1 Introduce for First Reading an Ordinance Amending the City’s Policy Regarding the Use of “Military Equipment” and present the 2023 Military Equipment Annual Report. • Staff Report
• Comments or Presentation from Applicant
• Comments from Appellant (If Applicable)
• Mayor and City Council Questions for Staff
• Public Comments
• Mayor and Council Member Discussion
• Council Action
RECOMMENDATION:
A. Introduce an Ordinance entitled, “AN ORDINANCE OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, AMENDING THE CITY’S POLICY REGARDING THE USE OF ‘MILITARY EQUIPMENT’,” read by title only and waive further reading of; and
AMENDED AGENDA
AUGUST 28, 2024
Late Communications Memo
Agenda Item Nos. 3.1 and 5.11
B. File and receive the 2023 Military Equipment Annual Report.
4.2 Public Hearing - Case No. 2023- 0818. City Council Review of the Planning Commission’s Recommendation to Approve - Case No. 2023- 0818 - Request for a Development Review, Affordable Housing Density Bonus, and Vesting Tentative Tract Map for Condominium Purposes for the development of 25 for-sale residential condominium units including 23 market rate units and two very -low-income units located on Parcel 1 of Lot Line Adjustment LL 2023 -0804 (APN: 096-041-30 and 096- 041-31). Previously addressed as 13552 Goldenwest Street, Westminster, CA 92683. • Staff Report
• Comments or Presentation from Applicant
• Comments from Appellant (If Applicable)
• Mayor and City Council Questions for Staff
• Public Comments
• Mayor and Council Member Discussion
• Council Action
RECOMMENDATION: Adopt a R esolution entitled, “A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, APPROVING CASE NO. 2023 -0818 PERTAINING TO A DEVELOPMENT REVIEW, AFFORDABLE
HOUSING DENSITY BONUS, AND VESTING TENTATIVE TRACT MAP FOR THE DEVELOPMENT OF 25 FOR -SALE RESIDENTIAL CONDOMINIUM UNITS INCLUDING 23 MARKET RATE UNITS AND TWO VERY -LOW-INCOME UNITS LOCATED ON PARCEL 1 OF LOT LINE ADJUSTMENT LL 2023 -0804 (APN: 096-041-30 AND 096-041- 31). PREVIOUSLY ADDRESSED AS 13552 GOLDENWEST STREET, WESTMINSTER, CA 92683.”
Attachments
• Attachment 1
• Attachment 2
• Attachment 3
• Attachment 4
• Attachment 5
• Attachment 6
• Attachment 7
• Attachment 8
• Attachment 9
5. REGULAR BUSINESS
5.1 Continued from the August 14, 2024 Regular City Council Meeting - Award of Contract for the Mendez Historic Trail & Green Street Bikeway Project (Mendez Freedom Trail Project) - P2499.
RECOMMENDATION:
AMENDED AGENDA
AUGUST 28, 2024
Late Communications Memo
Agenda Item Nos. 3.1 and 5.11
A. Approve a transfer from the Gas Tax Account 55005 to a newly created CIP Project, Account Number 55036- 362502, “Mendez Historic Trail & Green Street Bikeway Construction” in the amount of $647,109.83; and
B. Approve the award of contract to the lowest and responsible bidder in the amount of $8,199,515 to KASA Construction, Inc., and that all other bids be rejected; and
C. Authorize a 10% contingency in the amount of $819,951.50 for potential change orders; and
D. Authorize the City Manager to execute the contract on behalf of the City.
5.2 Continued from the August 14, 2024 Regular City Council Meeting - Award of Contract for the Magnolia Street Improvements Project from Edinger Avenue to Heil Avenue - Project Plan. No. 2566.
RECOMMENDATION:
A. Approve a budget allocation from Fund 214 “Street Improvements” in the amount of $330,008 to cover the City of Fountain Valley’s portion (per Cooperative Agreement #2023-09) and create a new CIP Account Number 55037- 372500 “Magnolia Street Improvements-Coop Agr-FV”; and
B. Increase the Revenue Account in “Street Improvement Grants Fund, Reimbs-Other” for FY 24/25, by $330,008; and
C. Approve the award of contract to the lowest and responsible bidder in the amount of $1,296,853 to All American Asphalt and that all other bids be rejected; and
D. Authorize a 10% contingency in the amount of $129,685.30 for potential change orders; and
E. Authorize the City Manager to execute the contract on behalf of the City, in a form approved by the City Attorney.
5.3 Continued from the August 14, 2024 Regular City Council Meeting - Award of Contract for the Playground Renovation Project for Tony Lam Park - Project No. P-2605.
RECOMMENDATION:
A. Approve a budget adjustment from the Park Dedication Fund balance (Fund 200) to a newly created CIP Project, Account Number 76502- 762503, “Tony Lam Park Playground Renovation,” in the amount of $142,210; and
B. Approve the award of contract to the lowest responsible bidder in the amount of $294,824.00 to R.E Schultz Construction, Inc. and that all other bids be rejected; and
AMENDED AGENDA
AUGUST 28, 2024
Late Communications Memo
Agenda Item Nos. 3.1 and 5.11
C. Authorize a 10% contingency in the amount of $29,482.40 for potential change orders; and
D. Authorize the City Manager to execute the contract on behalf of the City, in a form approved by the City Attorney.
5.4 Continued from the August 14, 2024 Regular City Council Meeting - Business License Administration and Application Process Update.
RECOMMENDATION: Receive and file this report.
5.5 Continued from the August 14, 2024 Regular City Council Meeting - Banner Hanging Request from Garden Grove Unified School District.
RECOMMENDATION: Consider the following options and provide staff direction:
A. Approve the written request from Garden Grove Unified School District to hang banners along Bushard Street, between Hazard Avenue and Bolsa Avenue, and along Brookhurst Street, between Hazard Avenue and McFadden Avenue, from September 1, 2024, through September 1, 2025; OR
B. Authorize a 90- day request to hang banners along Bushard Street, between Hazard Avenue and Bolsa Avenue, and along Brookhurst Street, between Hazard Avenue and McFadden Avenue; and authorize the City Manager to extend the 90- day increments should there not be any requests for banners at the location from another organization or agency.
5.6 Continued from the August 14, 2024 Regular City Council Meeting - Consider Sponsorship for Midway City Sanitary District (MCSD) 85th Anniversary Celebration.
RECOMMENDATION: Consider the request from Midway City Sanitary District for a City sponsorship for their 85
th Anniversary Celebration event and provide direction regarding approval and amount of a sponsorship.
5.7 Continued from the August 14, 2024 Regular City Council Meeting - 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.
RECOMMENDATION: Consider the request from Council Members to travel to Washington D.C. for the 2024 AAC -OC Advocacy Trip from September 16- 19, 2024, and provide direction on approval.
5.8 Continued from the August 14, 2024 Regular City Council Meeting - Authorize a Purchase Order to Aqua-Metric Sales Company for the Purchase of Sensus Autogun Meter Reading Devices, Water Meters, and Parts for ¾”, 1”, and 2” Cold Water Meters, and Large Meters (3” thru 6”) for FY 2024-2025.
RECOMMENDATION: Authorize the purchase of Sensus Autogun Meter Reading Devices, Water Meters, and Parts from the Aqua- Metric Sales Company in the amount of $900,000
AMENDED AGENDA
AUGUST 28, 2024
Late Communications Memo
Agenda Item Nos. 3.1 and 5.11
for Fiscal Year 2024-25.
5.9 Continued from the August 14, 2024 Regular City Council Meeting - 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.
RECOMMENDATION: Consider the demand that Vice Mayor Kimberly Ho pay Ms. Hsin I.
Lin a total of $21,860.00 for funds she raised on GoFundMe and provide direction to staff to generate a letter to the District Attorney to investigate the events for alleged fraud.
5.10 Resolution Determining Sanctions and Remedial Actions Related to Censure of Councilwoman Amy Phan West (District 1), and Appointments to Outside Agencies.
RECOMMENDATION:
A. Consider adoption of a Resolution entitled, “ A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, DETERMINING
SANCTIONS AND REMEDIAL ACTIONS FOR COUNCILWOMAN AMY PHAN WEST (DISTRICT 1) FOR UNACCEPTABLE CONDUCT PURSUANT TO
RESOLUTION NO. 5275”; and
B. If adopted, appoint members of the City Council to the following outside agencies and Council ad hoc committees:
• Orange County Council of Governments (OCCOG) (Alternate); and • Southern California Association of Governments (SCAG) (Alternate); and • Orange County Mosquito & Vector Control (OCMVC) (Board Trustee); and • West Orange County Water Board (WOCWB) (Delegate); and • City Council Homeless Ad Hoc Subcommittee (Member).
5.11 Request to Consider Changing the Office of the Mayor from Directly Elected to Rotational.
RECOMMENDATION: Consider the request regarding the proposed elimination of the office of directly elected mayor and provide direction regarding a ballot measure.
Late Communication
5.12 Request for a Resolution of Censure, Based on Actions of Mayor Chi Charlie Nguyen.
RECOMMENDATION: Consider the request to discuss certain alleged comments and actions made by Mayor Chi Charlie Nguyen and provide direction to staff regarding the preparation of a resolution of censure.
5.13 Request for a Resolution of Censure, Based on Actions of Vice Mayor Kimberly Ho (District 3).
AMENDED AGENDA
AUGUST 28, 2024
Late Communications Memo
Agenda Item Nos. 3.1 and 5.11
RECOMMENDATION: Consider the request to discuss certain alleged comments and actions made by Vice Mayor Kimberly Ho and provide direction to staff regarding the preparation of a resolution of censure.
5.14 Review of Process for Placement of Agenda Items.
RECOMMENDATION:
A. Consider the request and provide direction regarding increasing the number of council members it takes to place an item on the agenda; and
B. Adopt a Resolution entitled, “A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, RESCINDING RESOLUTION NO. 5273 TO REESTABLISH THE ORDER OF BUSINESS TO BE FOLLOWED IN REGULAR MEETINGS OF THE CITY COUNCIL.”
5.15 Consider the Implementation of a Policy to Limit the Amount of Time Each Council Member has for Discussion of an Agenda Item.
RECOMMENDATION: Consider the request and provide direction regarding the implementing of a process to limit the amount of time each council member has for discussion of an agenda item.
6. LEGISLATIVE ITEM – None
7. COMMISSION AND COMMITTEE ITEM – None
8. ORAL COMMUNICATIONS (CONCERNING NON-AGENDA ITEMS)
THIS IS THE TIME OF THE MEETING THAT MEMBERS OF THE PUBLIC MAY ADDRESS
THE CITY COUNCIL REGARDING ANY NON- AGENDA ITEMS THAT ARE WITHIN THE SUBJECT MATTER JURISDICTION. UNLESS OTHERWISE EXTENDED BY A
MAJORITY VOTE OF THE CITY COUNCIL, COMMENTS SHALL BE LIMITED TO THREE (3) MINUTES PER SPEAKER.
ANY PERSON WISHING TO ADDRESS THE CITY COUNCIL IN PERSON SHOULD
COMPLETE A YELLOW SPEAKER SLIP THAT IS PROVIDED AT THE ENTRANCE TO THE COUNCIL CHAMBERS AND SUBMIT THE CARD TO THE CITY CLERK. WHEN
YOUR NAME IS CALLED, PLEASE STEP TO THE PODIUM AT THAT TIME AND STATE YOUR NAME* AND CITY OF RESIDENCE* (OPTIONAL) FOR THE RECORD.
9. COMMENTS FROM CITY COUNCIL/AGENCY MEMBERS
(Including AB 1234 Report when required)
AMENDED AGENDA
AUGUST 28, 2024
Late Communications Memo
Agenda Item Nos. 3.1 and 5.11
10. COUNCIL ADJOURNMENT
The next Regular Meeting will be held Wednesday, September 11, 2024, at 6:00 p.m.
DECLARATION: This agenda was posted on the Bulletin Board outside of the Council Chambers, where completely accessible to the public, at least 72 hours in advance of the City Council meeting.
/s/ Ashton R. Arocho, MMC
City Clerk