Westminster City Council
August 28, 2024

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING
The City Council of the City of Westminster, California, convened on Wednesday, August 28, 2024, at 4:00 p.m. in a Closed Session via In-Person, City Council Chambers, 8200 Westminster Boulevard, Westminster, California.

CLOSED SESSION
4: 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 4: 33 p. m., on Wednesday, August 28, 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

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 Cases: One ( 1)
Evaluation of letter from Vice Mayor Ho' s Attorney received on August 14, 2024 Mayor Nguyen announced that Vice Mayor Ho had to recuse herself due to a conflict of interest for the item listed on the agenda and highlighted the lack of quorum from the remaining members of the City Council.

ADJOURNMENT: Mayor Nguyen adjourned the meeting at 4: 34 p.m.

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING
RECONVENE CITY COUNCIL MEETING: The City Council/Successor Agency to the WestminsterRedevelopmentAgency meeting reconvenedon Wednesday, August 28, 2024, to Open Session at 6:00 p.m.

REGULAR MEETING
6: 00 PM

CALL TO ORDER
Mayor Nguyencalled the RegularMeetingof the City Council/SuccessorAgency to the Westminster Redevelopment Agency Meeting to order at 6: 08 p. m., on Wednesday, August 28, 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 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 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
Orange County Fire Authority Craig Covey
Management Analyst Veronica Johnson
Senior Management Analyst Ryan Salz
Senior Planner Sandie Kim
Police Commander Scott Gump
Officer Willie Veasley
Officer Alexis Gonzalez
Police Commander Cameron Knauerhaze
Business Services Manager Karla Santillan

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING

SALUTE TO THE FLAG
Council Member Nguyen led the flag salute.

INVOCATION
Vice Mayor Ho led the invocation.

CITY ATTORNEY/ CLOSED SESSION REPORT
City Attorney Bettenhausen announced that there was one item on the agenda and no discussion ensued due to lack of quorum.

City Attorney Bettenhausen announced that Council Member Nguyen was requesting the continuation of agenda items.

Council Member Nguyen announced that there has been additional information provided and he would like to move Agenda Item Nos. 5. 12 and 5.13 to the next meeting.

Mayor Nguyen commented on the Closed Session and the fourth absence of Council Members Phan West and Nguyen. He suggested recessing the meeting and entering into Closed Session since all Council Members were present.

Council Member Phan West asked the total amount of time for the Closed Session item.

Council Member Nguyen suggested rescheduling the Closed Session.

CLOSED SESSION

1. Conference with Legal Counsel pursuant to Government Code Section 54956. 9( d)( 2): Potential Litigation
Number of Cases: One ( 1)
Evaluation of letter from Vice Mayor Ho' s Attorney received on August 14, 2024 RECESS: Mayor Nguyen recessed the meeting and entered into Closed Session at 6: 14 p. m.

Vice Mayor Ho recused herself from the Closed Session at 6: 14 PM.

Councilwoman Phan West left Closed Session at 6: 18 PM.

RECONVENE: Mayor Nguyen reconvened the regular meeting from Closed Session at 6:24 p.m.

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING

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 ( Arrived at 6:43 p. m.)
COUNCIL MEMBER NAMQUAN NGUYEN, DISTRICT 4 ( Arrived at
7:43 p.m.)

CITY ATTORNEY/ CLOSED SESSION REPORT
City Attorney Bettenhausen announced that the Mayor and City Council were unable to have any discussion on the Closed Session item due to lack of quorum, with Council Member Phan West and Council Member Nguyen absent.

Following the report, Council Member Manzo announced that Council Member Phan West drove off and the whereabouts for Council Member Nguyen are unknown.

EX PARTE COMMUNICATIONS
There were no Ex Parte Communications.

REPORT FROM CITY CLERK
City Clerk Arocho reported on the late communication memo for Agenda Item Nos. 3. 1 and

5. 11.

CITY MANAGER REPORT
City Manager Cordon made the following announcements:

September 11th Commemoration
Once again to commemorate and honor the sacrifices made on September 11th, the Westminster Police Department personnel will be authorized to wear 9- 11 badges throughout the month of September. This now annual tradition will forever honor the Police Officers, Firefighters, and civilians who lost their lives in the attacks on September 11, 2001.

Fall Festival
Last week, we wrapped up another fantastic Summer Movies and Music Series. We hope you all had a blast! Now, it's time to gear up for our annual Fall Festival, which is just around the corner. Save some money with discounted ride tickets, available for purchase on our city' s website. Purchase your tickets now and save up to 20% off.

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING
Festival dates and times:

Thursday, September 26th - 5: 00 to 9: 00pm, which will feature a Cultural Night, celebrating Hispanic Heritage Month
Friday, September 27th - 5: 00 to 11: 00pm
Saturday, September 28th - 12:00 to 11:00pm, featuring a Senior Expo from 1:00 to 5: 00pm
Sunday, September 29th - 12:00 to 9:00pm, featuring a vendor fair with Creative Babe Market from 12: 00 to 4: 00pm

1. SPECIAL PRESENTATION - None

2. ORAL COMMUNICATIONS — AGENDA ITEMS ONLY
Prior to oral communications, Mayor Nguyen welcomed the public and thanked them for attending the meeting.

The following individuals spoke under oral communications on agenda items only:

1. Tim Hogan asked the City Council if the full agenda would be heard or pushed to a future meeting. He commented on the flaws of the resolution proposed in Agenda Item No. 5. 10 and misrepresentation of District 1 by Council Member Phan West.

2. Jessica Lostaunau spoke against Agenda Item Nos. 5. 11, 5. 12 and 5. 13 and expressed frustration with the Council bickering and disappearing from meetings.

She suggested the Council focus on safety and economic development. She discussed the prior failure of the ballot measure and waste of taxpayer money Agenda Item No. 5. 11).

3. D' Vorah Mariscal commented on the professionalism of Mayor Nguyen, Vice Mayor Ho and Council Member Manzo at the last meeting; addressed Council Members Phan West' s and Nguyen' s recent behavior; discussed Agenda Item Nos. 5. 10, 5. 11,

5. 12 and 5.13 and 5. 15 indicating disappointment in Council Members Phan West and Nguyen.

4. Donald Lank discussed the importance of orderly behavior at Council meetings, civil reasonable discourse; non- partisan qualities; disruptive behavior by Council Members Phan West and Nguyen, spoke in support of Agenda Item No. 5. 10; 5. 7 and 5. 8, calling for the question on Agenda Item No. 5. 9, and commented in opposition of Agenda Item Nos. 5. 11, 5. 12 and 5. 13.

5. Pam Gremling commented on the lack of professionalism and poor behavior by Council Member Phan West.

Council Member Phan West entered the meeting at 6:43 PM.

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING

6. Nguyen Hung addressed the Council in opposition to Mayor Nguyen.

Council Member Phan West left the dais at 6: 46 PM.

7. Tami Hammell commented on the behavior of Council Members Phan West and Nguyen; in favor of Agenda Item No. 5. 10; recall of Council Member Phan West; opposition to Agenda Item Nos. 5. 11, 5. 12 and 5. 13; and in favor of Agenda Item Nos. 5. 14 and 5. 15.

8. Michael Verrengia provided his opinion on Agenda Item Nos. 5. 6, 5. 7, 5. 9, and 5. 10; suggested keeping the directly elected Mayor under Agenda Item No. 5. 11; in opposition to Agenda Item Nos. 5. 12 and 5. 13 since there was no grounds for censure; and in support of Agenda Item Nos. 5. 14 and 5. 15. He suggested the City Attorney find a way to allow the Mayor to control the meeting. He stated he had never seen the behavior of Council Member Phan West in any public meeting at any agency.

Council Member Phan West returned to the dais at 6: 53 PM.

10.John Angrisani commented on violations that occurred at the recent meeting from members of the audience; and interruptions that occurred at the last meeting due to the Mayor denying members of the Council the rights to speak.

Council Member Phan West left the dais at 6: 55 PM.

11.Kim Springer thanked Mayor Nguyen for his efforts to control the meeting; expressed embarrassment from the behavior at the last meeting; discussed efforts to build a relation with Council Member Phan West and on Agenda Item No. 5. 10. She stated Agenda Item Nos. 5. 12 and 5. 13 were retaliation; encouraged a "no" vote on Agenda Item No. 5. 11; commented on the Mayor, Vice Mayor and Council Member Manzo as voices of reason; and commented on the lack of representation from Council Member Phan West for District 1.

12. Nhat Linh spoke on Agenda Item No. 5. 10 and the behavior of Council Member Phan West; indicated Agenda Item Nos. 5. 12 and 5. 13 were retaliation; discussed recent disruption by Council Members Phan West and Nguyen at the recent council meeting; suggested not proceeding with Agenda Item No. 5. 9; and spoke in opposition to Agenda Item No. 5.11 due to it being a waste of City money and time due to the ballot measure failure in 2022.

13. Mark Nguyen commented in support of Agenda Item No. 5. 6 and support of the City' s partnership in the
85th
Anniversary.

14. Hue Doanetto commented on lack of respect by Council Member Phan West and the lack of decorum at the last meeting.

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING

15. Gigi Vo commented on the poor behavior displayed by Council Member Phan West; in opposition to Agenda Item No. 5. 12; and harassment towards members of the public.

Mayor Nguyen requested Khai Dao sit in the back while recording, per city policy.

16. Jodi Boyd commented on Agenda Item No. 3.3 and the financial deficit faced by the City, lack of monies in reserves, and how much money had been taken the last 10 years. She suggested Council Members Phan West and Nguyen not be allowed back in the meeting and that Council Member Phan West be recalled.

17.Victoria Cooper discussed the letter she presented to the City Manager expressing concern about a fraudulent election and urged voting for Donald Trump.

Mayor Nguyen interrupted the speaker, reminding the speaker that comments should be related to agenda items only.

18. Debbie Schwabl discussed financial issues under Agenda Item No. 5. 7; suggested removal of Agenda Item No. 5.9 because it was not City business; indicated support for Agenda Item No. 5. 10 and suggested training in narcissistic behavior; and in opposition to Agenda Item No. 5. 11.

19. Monique Nguyen expressed sadness with the behavior of Council Members Phan West and Nguyen; and discussed Agenda Item Nos. 5. 9, 5. 11, 5. 12, and 5. 13.

20. Khai Dao concurred with the previous public speakers; indicated respect for the Mayor having him move to the back of the room to record; embarrassment in the behavior of Council Members Phan West and Nguyen; need for creating decorum to avoid disruption in the future; and support for Agenda Item No. 5. 11 and 5. 12.

21. Terry Rains commented on the previous chaotic meeting and Agenda Item Nos. 5.7,

5.9, 5. 10, 5. 11, 5.12, 5.13, 5. 14, expressing frustration with Council Members Phan West and Nguyen, and applauding the Mayor' s efforts to control the meeting.

3. CONSENT CALENDAR
Vice Mayor Ho announced her need to recuse herself from Agenda Item No. 3. 8 due to a conflict of interest.

City Attorney Bettenhausen noted that due to only three members of the City Council present, Agenda Item No. 3. 8 would not be able to be heard due to lack of quorum with the recusal of Vice Mayor Ho and recommended Item No. 3. 8 be pulled.

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING

3. 1 Minutes of the City Council and the Successor Agency to the Westminster Redevelopment Agency.

ACTION: The Mayor and City Council approved the amended minutes as presented for the August 14, 2024, Closed Session and Regular Meeting.

3. 2 City Council and Successor Agency Warrant Register dated August 8, 2024 through August 21, 2024.

ACTION: The Mayor and City Council received and filed.

3. 3 Treasurer' s Report for July 2024.

ACTION: The Mayor and City Council received and filed the report.

3. 4 Approval of Proclamations.

ACTION: The Mayor and City Council approved the following proclamations:

A. Proclamation - Hunger Action Month
B. Proclamation - World Alzheimer' s Awareness Month

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.

ACTION: The Mayor and City Council conducted a second reading and adopted 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.

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.

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 28, 2024

MINUTES OF REGULAR MEETING

3. 7 Application for Grant Funds for the Westminster Family Resource Center and Designation of City Manager to Act as Authorized Representative.

ACTION: The Mayor and City Council adopted Resolution No. 5277 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
REPRESENTATIVE."

3. 8 THIS ITEM WAS PULLED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION ( SEE END OF CONSENT CALENDAR).

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.

ACTION: The Mayor and City Council:

A. Approved 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. Authorized 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.

ACTION: The Mayor and City Council:

A. Approved 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. Authorized the Public Works Department to advertise and solicit construction bids for said project.

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.

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING
ACTION: The Mayor and City Council:

A. Approved 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. Authorized the Public Works Department to advertise and solicit construction bids for said project.

END OF CONSENT CALENDAR ( ALL ITEMS 3. 1- 3. 11)
Motion was made by Council Member Manzo, seconded by Vice Mayor Ho, to approve the Consent Calendar, with amendments to Agenda Item No. 3. 1 per the late communication memo, and continuing Agenda Item No. 3.8 to a future meeting.

The motion carried, 3-0-2-0, by the following roll call vote:

AYES: MANZO, HO, C. NGUYEN
NOES: NONE
ABSENT: PHAN WEST, N. NGUYEN
ABSTAIN: NONE
Following the roll call vote, City Attorney Bettenhausen noted that due to the lack of quorum for Agenda Item No. 3. 8, there will be no action taken at this time.

Motion was made by Council Member Manzo to bring Agenda Item No. 3.8 back at the next regularly scheduled meeting.

Discussion ensued regarding time constraints for the item.

Council Member Nguyen entered the meeting at 7:43 PM.

Council Member Phan West returned to the dais at 7: 43 PM.

With all members of the City Council present, Mayor Nguyen requested to hear Agenda Item No. 3. 8.

AGENDA ITEM( S) PULLED FROM CONSENT CALENDAR FOR SEPARATE

DISCUSSION

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING

3. 8 Adoption of Plans and Specifications and Authorization to Solicit Construction Bids for the Cherry Street Community Garden Project - Plan No.

P- 2616.

Vice Mayor Ho announced her need to recuse herself from the item.

Council Member Nguyen requested the reason for the recusal of Vice Mayor Ho.

Vice Mayor Ho outlined the conflict due to the distance of the project within her property.

Vice Mayor Ho left the Council Chambers at 7:44 PM.

CouncilMemberPhanWest indicatedshe was dealingwith a PoliceReportin the back and therefore was absent from the dais.

Motion was made by Council MemberManzo, secondedby MayorNguyen, to:

A. Approvethe plans and specificationsfor the CherryStreetCommunityGarden 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.

The motion carried, 4-0-1-0, by the following roll call vote:

AYES: C. NGUYEN, PHAN WEST, MANZO, N. NGUYEN
NOES: NONE
ABSENT: HO
ABSTAIN: NONE
Council Member Manzo left the dais at 7:46 PM.

Vice Mayor Ho returned to Council Chambers at 7:46 PM.

4. PUBLIC HEARING

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.

Police Chief Lenyi opened the item, and Police Commander Gump presented the report.

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING
Council Member Manzo returned to the dais at 7: 48 PM.

Following the report, discussion ensued regarding the use of the equipment.

In response to Council Member Manzo, Commander Gump explained the legislation defining military equipment and the benefit of in-house drones.

MAYOR NGUYEN OPENED THE PUBLIC HEARING.

The following individuals spoke under oral communications:

1. Michael Verrengia encouraged approval of the item to retain the opportunity to receive military equipment.

2. Terry Rains commented in support of the item and stated that the Police Department needed every available tool to protect the community.

MAYOR NGUYEN CLOSED THE PUBLIC HEARING.

In response to Council Member Phan West, Commander Gump explained the use of grant funds and sharing of the armored vehicle with three other agencies. He explained the equipment already in the Police Department' s possession and proposed new items.

Vice Mayor Ho thanked staff for the report and read into the record a portion of the report regarding the need for the equipment.

Motion was made by Mayor Nguyen, seconded by Council Member Nguyen, to:

A. Introduce Ordinance No. 2614 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 B. File and receive the 2023 Military Equipment Annual Report.

The motion carried, 5-0, by the following roll call vote:

AYES: C. NGUYEN, HO, PHAN WEST, MANZO, N. NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING

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 DevelopmentReview, Affordable HousingDensityBonus, 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.

Senior Planner Sandie Kim presented the staff report.

Council Member Nguyen left the dais at 8: 13 PM.

Council Member Nguyen returned to the dais at 8: 15 PM.

Angela Myer, BrandywineHomes, presenteda PowerPointoutliningthe proposed project.

MAYOR NGUYEN OPENED THE PUBLIC HEARING.

In responseto CouncilMemberPhanWest, City ManagerCordonand City Clerk Arocho explained that the attachments exceeded over 2000 pages and were available on the website.

In response to Vice Mayor Ho, Senior Planner Kim explained the unlimited waivers.

Vice Mayor Ho suggested a variance for height.

Taylor Ashton, Brandywine Home, explained the 35- foot height limit and the difference between a concession and waiver. Senior Planner Kim indicated concessions were allowed by the State.

Council Member Manzo thanked the applicants for being present and thanked staff for the detailedpresentation; commentedon the parkingrequirementsby the State and the small amount allocated in the project.

Applicant Ashton stated there were only nine driveways.

Vice Mayor Ho asked staff about the City Ordinance changing the height from 35 feet to 50 feet. Senior Planner Kim stated the height changes were for mixed use.

The following individuals addressed the Council:

1. Ryan Lam questioned the 35-foot height limit, towering over nearby buildings, and agreed with allowing 35 feet. He questioned if the City could ensure the job site was

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING
clean and neighboring communities were not impacted by the job site. He discussed flooding issues and questioned proposed drainage.

2. Terry Rains commented on emergency exits, the need for an inclusive housing ordinance, increase in affordable housing, and incentives for developers.

City Attorney Bettenhausen suggested allowing the applicant to respond to comments.

Applicant Ashton discussed conditions ensuring a clean job site; emergency exit studied by City departments and by the book, and drainage issues studied by engineers.

Council Member Phan West left the dais at 8: 36 PM.

MAYOR NGUYEN CLOSED THE PUBLIC HEARING.

In response to Council Member Manzo, Assistant City Manager Ozaeta stated there had been improvements to the area. Public Works Director Ngo discussed current monitoring of the location for flooding and improvements. City Manager Ozaeta discussed regulations during construction to ensure traffic safety.

Council Member Phan West returned to the dais at 8: 39 PM.

Motion was made by Council Member Manzo, seconded by Vice Mayor Ho, to adopt Resolution No. 5278 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."
The motion carried, 5-0, by the following roll call vote:

AYES: C. NGUYEN, HO, PHAN WEST, MANZO, N. NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Mayor Nguyen commented on the importance of items presented to the City Council for the community and apologized to the public for having to recess back into Closed Session, ahead of the remaining items on the agenda.

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING
MayorNguyenannouncedthat due to all membersof the City Councilpresent, he would like to re- enter into Closed Session.

CLOSED SESSION

1. Conference with Legal Counsel pursuant to Government Code Section 54956. 9( d)( 2): Potential Litigation
Number of Cases: One ( 1)
Evaluation of letter from Vice Mayor Ho's Attorney received on August 14, 2024 RECESS: Mayor Nguyen recessed into Closed Session at 8:42 PM.

Vice Mayor Ho recused herself from the Closed Session due to a conflict of interest at 8:42 PM.

RECONVENE: Mayor Nguyen reconvened the regular meeting from the Closed Session at 8:57 p.m.

ROLL CALL
PRESENT: MAYOR CHI CHARLIE NGUYEN
VICE MAYOR KIMBERLY HO, DISTRICT 3
COUNCIL MEMBER CARLOS MANZO, DISTRICT 2
COUNCIL MEMBER AMY PHAN WEST, DISTRICT 1
ABSENT: COUNCIL MEMBER NAMQUAN NGUYEN, DISTRICT 4 ( Arrived at 8:58 p. m.)

CITY ATTORNEY/ CLOSED SESSION REPORT
City Attorney Bettenhausen announced that there was one item on the agenda and no discussion ensued due to lack of a quorum, with Council Member Phan West and Council Member Nguyen absent.

Council Member Nguyen entered the meeting at 8:58 p.m.

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.

Motion was made by Council Member Manzo, seconded by Council Member Nguyen, to:

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING
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.

Council Member Phan West stated it was necessary to see the other contracts.

Public Works Director Ngo explained the process for awarding the contracts to the lowest responsible bidder.

City Attorney Bettenhausen explained State law restrictions on public works contracts and the requirement to award to the lowest responsible bidder.

Council Member Phan West requested the Mayor stop the audience from talking.

She asked the Mayor to run his meeting and ensure order in the audience. She stated she wanted all bids included in the packet to show trust and transparency.

Mayor Nguyen requested Council Member Phan West defer her questions to allow the other Council Members to speak.

Council Member Nguyen commented on a similar situation in the past and asked staff to include every bid within the report.

City Attorney Bettenhausen stated bids were public after the bids were opened.

Assistant City Manager Ozaeta stated the other bidders also ask for the bids.

City Manager Cordon commented on the prior request for proposals on billboards, not a Public Works project. She stated if the Council directed, all bids could be attached.

Vice Mayor Ho stated she did not need to see the bids and asked when it was illegal to share bid information.

City Attorney Bettenhausen stated there were situations requiring discretion, such as trade secrets and financials as non- disclosable.

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING
CouncilMemberManzothankedstafffor explainingthe process. Heexplainedthe bidding process, itemizingthe line items. He clarified all the information was provided for Council review.

Mayor Nguyen asked City Attorney Bettenhausen and Council Member Nguyen to refrain from speaking during the meeting.

Council Member Phan West discussed the need for Council to do due diligence. She stated she was not asking for business secrets, rather for the purpose of transparency and trust.

Mayor Nguyen interrupted Council Member Phan West and urged her to not repeat herself.

CouncilMemberPhanWest indicatedshe was respondingto Vice Mayor Ho and Council Member Manzo.

Substitute Motion was made by Council MemberNguyen, secondedby Council Member Phan West, to direct staff to include bids as an attachment to the staff report.

Following the substitute motion, Assistant City Manager Ozaeta clarified that the item before the City Council is a Public Works bid and not a Request for Proposal RFP).

Prior to the roll call vote, discussion ensued regarding the motions on the floor.

Council Member Nguyen asked for a friendly amendment to the main motion to include the substitute motion by directing staff to include bids as an attachment to the staff report.

The maker and seconder of the main motion agreed to the amendment.

Amended Motion was made by Councilmember Manzo, secondedby Council Member Nguyen, to:

A. Approvea transferfrom the GasTax Account55005to a newlycreatedCIP 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

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

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D. Authorize the City Manager to execute the contract on behalf of the City.

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

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.

Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to:

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.

The motion carried, 5-0, by the following roll call vote:

AYES: C. NGUYEN, HO, PHAN WEST, MANZO, N. NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

5. 3 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.

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Motion was madeby Council MemberManzo, secondedby CouncilMember Nguyen, to:

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
C. Authorize a 10% contingency in the amount of $ 29, 482. 40 for potential change orders; and
D. Authorizethe CityManagerto executethe contracton behalfofthe 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

5. 4 Continued from the August 14, 2024 Regular City Council Meeting - Business License Administration and Application Process Update.

Council Member Nguyen left the dais at 9: 28 PM.

Assistant City Manager Ozaeta and Management Analyst Salz provided the staff report.

Mayor Nguyen thanked staff for the detailed presentation. He discussed prior in houseprocessingof businesslicenses. He clarifiedthat the City beganusingHDL in October 2020 prior to his term as Mayor.

Council Member Nguyen returned to the dais at 9:37 PM.

In response to Mayor Nguyen, Assistant City Manager Ozaeta stated staff did not have the skillset inhouse and discussed the potential hybrid approach of both in house and using HDL. Mayor Nguyen requested the cost of hybrid service.

CouncilMemberPhanWeststatedbusinessownerscomplainedaboutthe delayin the business license process.

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

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Mayor Nguyen left the dais at 9: 48 PM.

Council Member Phan West discussed complaints by businesses on delays.

Assistant City Manager Ozaeta stated staff had not yet heard complaints from businesses.

Mayor Nguyen returned to the dais at 9: 52 PM.

In response to Council Member Phan West, HDL Compliance Manager, Ian Davis, stated the business license processing by HDL occurred within 24 hours. He explained potential delays due to planning or building approval. He explained the approval central portal to ensure communication between the City and business owners. He explained additional information and assistance provided to businesses.

He discussed efforts to assist businesses to conduct business and enhance the process.

Mayor Nguyen thanked Council Member Phan West for her comments.

Council Member Manzo explained the difference between obtaining a business license and the entitlement process. Assistant City Manager Ozaeta confirmed that delays were sometimes related to the development process.

HDL Compliance Manager Davis explained initial licensing through HDL and then annual renewals.

Council Member Nguyen indicated support for using HDL services but commented on his business license experience. He discussed a business complaint directly received by a member of the public regarding issues with obtaining a permit.

Mayor Nguyen discussed incomplete applications requiring resubmittals.

Assistant City Manager Ozaeta explained the resolution of Council Member Nguyen' s application.

Council Member Phan West left the dais at 10: 07 PM.

Vice Mayor Ho thanked staff for the presentation and commented on the great report. She discussed her experience with the City' s business license process. She indicated support for a hybrid solution, for those business owners that were not tech savvy. She discussed the benefit of HDL recovering lost license fees. She discussed her experience in Santa Ana in recovering unpaid fees and confirmed that HDL served the City of Santa Ana.

Council Member Phan West returned to the dais at 10: 14 PM.

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MINUTES OF REGULAR MEETING
Vice Mayor Ho asked if landlords were being pursued to obtain business licenses.

HDL Compliance Manager Davis discussed the process for rental properties and exemption for single family residents.

Council Member Manzo asked if home businesses required business licenses.

HDL Compliance Manager Davis explained the process for determining if more than three rentals were active, triggering the need for a business license.

City Attorney Bettenhausen explained the need for voter approval to change the tax.

Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to receive and file the report and direct staff to bring back an item regarding cost and response times for a hybrid process.

The motion carried, 5-0, by the following roll call vote:

AYES: C. NGUYEN, HO, PHAN WEST, MANZO, N. NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
EXTEND THE MEETING PAST 10: 00 P. M.

Motion was made by Mayor Nguyen, seconded by Council Member Nguyen, to extend the meeting past 10: 00 p. m., per City policy.

Council Member Phan West left the dais at 10: 23 PM.

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

5. 5 Continued from the August 14, 2024 Regular City Council Meeting - Banner Hanging Request from Garden Grove Unified School District.

Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to 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

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

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increments should there not be any requests for banners at the location from another organization or agency.

Council Member Phan West returned to the dais at 10: 24 PM.

Prior to the roll call vote, Community Services and Recreation Director Vanessa Johnson explained the City Manager' s jurisdiction to approve the extension past 90 days.

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. 6 Continued from the August 14, 2024 Regular City Council Meeting - Consider Sponsorship for Midway City Sanitary District ( MCSD) 85th Anniversary Celebration.

Mayor Nguyen announced the need to recuse himself due to a conflict of interest, due to his role as a director for Midway City Sanitary District.

Mayor Nguyen left the Council Chambers at 10: 26 PM.

Council Member Phan West indicated support for the sponsorship.

Motion was made by Council Member Manzo, seconded by Council Member Phan West, to approve the request from Midway City Sanitary District for a City sponsorship and approve the sponsorship level of Gold for a total of$ 3, 000 for their 85th Anniversary Celebration event.

The motion carried, 4-0- 1-0, by the following roll call vote:

AYES: HO, PHAN WEST, MANZO, N. NGUYEN
NOES: NONE
ABSENT: C. NGUYEN
ABSTAIN: NONE
Mayor Nguyen returned to the Council Chambers at 10: 30 PM.

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.

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Vice Mayor Ho left the dais at 10: 30 PM.

City Manager Cordon provided a brief staff report.

Vice Mayor Ho returned to the dais at 10: 32 PM.

Mayor Nguyen discussed his involvement in other organizations and expressed interest in attending the trip.

Council Member Phan West discussed her involvement in the League of California Cities and expressed interest in attending the trip. She discussed the cost of the recent ICSC Vegas trip. She stated her and the Mayor would be able to advocate on behalf of the City to show unity as a City and a team.

Vice Mayor Ho spoke on her interest to attend as Vice Mayor.

Council MemberManzostated he would not be able to attend the trip but would support both Mayor Nguyen and Vice Mayor Ho attending.

Council Member Nguyen reiterated the comments regarding concerns of financial stability and spoke in favor of sending Mayor Nguyen and Council Member Phan West to attend the trip to show unity and teamwork.

Council Member Nguyen commented on the recent attendance of Mayor Nguyen, Vice Mayor Ho and Council Member Manzo at the ICSC conference in Vegas. He suggested the Mayor, Vice Mayor and Council Member Phan West attend.

Motion was made by Council Member Nguyen, seconded by Council Member Phan West, to approve the Mayor, Vice Mayor and Council Member Phan West to attend.

Substitute Motion was made by Council Member Manzo, seconded by Vice Mayor Ho, to approve Mayor Nguyen and Vice Mayor Ho to travel to Washington D.C. for the 2024 AAC-OC Advocacy Trip from September 16-19, 2024, and provide direction on approval.

Council Member Manzo expressed concern regarding unprofessional behavior of Council Member Phan West.

Council Member Phan West interrupted indicating her voice would not be silenced and she would fight for District 1.

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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
City Manager Cordon clarified that the recent ICSC Conference cost $ 14, 394. 64, not the inaccurate amount of $ 30,000 stated by Council Member Phan West.

Mayor Nguyen requested Council Members Phan West and Nguyen get in order.

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 3/ 4", 1", and 2" Cold Water Meters, and Large Meters ( 3" thru 6") for FY 2024- 2025.

Council Member Manzo left the dais at 10: 47 PM.

Motion was made by Council Member Nguyen, seconded by Vice Mayor Ho, to 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 for Fiscal Year 2024- 25.

Council Member Phan West stated it was a waste of money to have Vice Mayor Ho attend the conference since she is terming out.

City Attorney Bettenhausen indicated Item No. 5.7 had already concluded.

Council Member Nguyen left the dais at 10: 48 PM.

The motion carried, 3-0-2-0, by the following roll call vote:

AYES: C. NGUYEN, HO, PHAN WEST
NOES: NONE
ABSENT: MANZO, N. NGUYEN
ABSTAIN: NONE
Council Member Phan West left the dais at 10: 49 PM.

There was a pause in the meeting due to lack of quorum.

Council Member Manzo returned to the dais at 10: 49 PM.

Meeting continued. No recess was called.

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

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FollowingAgenda ItemNo. 5.8, MayorNguyenannouncedthat thereare currently five members of the City Council present and would like to re-enter into Closed Session.

CLOSED SESSION

1. Conference with Legal Counsel pursuant to Government Code Section 54956. 9( d)( 2): Potential Litigation
Number of Cases: One ( 1)
Evaluation of letter from Vice Mayor Ho's Attorney received on August 14, 2024 RECESS: Mayor Nguyen recessed into Closed Session at 10:50 p.m.

RECONVENE: Mayor Nguyen reconvened into Open Session at 10:59 p.m.

ROLL CALL
PRESENT: MAYOR CHI CHARLIE NGUYEN
COUNCIL MEMBER CARLOS MANZO, DISTRICT 2
VICE MAYOR KIMBERLY HO, DISTRICT 3
ABSENT: COUNCIL MEMBER AMY PHAN WEST, DISTRICT 1 (Arrived at 11: 02 p. m.)
COUNCIL MEMBER NAMQUAN NGUYEN, DISTRICT 4 ( Arrived at
11: 01 p. m)

CITY ATTORNEY/ CLOSED SESSION REPORT
Mayor Nguyen discussed the importance of discussing the Closed Session item.

City Attorney Bettenhausen announced that there was one item on the agenda and no discussion ensued due to lack of quorum, with Council Member Phan West and Council Member Nguyen absent.

Motion was made by Mayor Nguyen, seconded by Vice Mayor Ho, to hear Agenda Item Nos. 5. 14 and 5. 15, prior to Agenda Item No. 5. 9.

Council Member Nguyen entered the meeting at 11:01 p.m.

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

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING

THE FOLLOWING ITEMS WERE HEARD OUT OF ORDER

5. 14 Review of Process for Placement of Agenda Items.

Council Member Phan West entered the meeting at 11:02 PM.

Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to:

A. Amend the process regarding the number of Council Members it takes to place an item on the agenda; and
B. Adopt Resolution No. 5280 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," as amended; and
C. Add a section to the agenda immediately following " ORAL COMMUNICATIONS CONCERNING NON- AGENDA ITEMS)" to be " BUSINESS MATTERS FROM CITY COUNCIL/ AGENCY MEMBERS;" and
D. Make this policy effective immediately; and
E. All pending City Council requested items shall be voided.

Council Members Nguyen and Council Member Phan West asked if it was legal to move into making a motion prior to discussion.

City Attorney Bettenhausen clarified that the action was appropriate but there had to be opportunity to discuss the motion.

Council Member Phan West discussed the existing process of placing items on the agenda; questioned why the Mayor was bringing the matter back; lack of a voice for Districts 1 and 4; Congress disputing but still getting things done; liked the differences amongst the Council; democratic process; dialogue about issues in the City; and frustration with the audience disrupting her and loss of train of thought.

Council Member Manzo requested respect and use of titles of the Council Members; and discussed non- partisan positions; need for professionalism; abuse of the current policy; waste of taxpayer money; use of City Attorney fees, and additional work for understaffed departments.

Council Member Nguyen expressed disappointment that the matter was brought forward by Mayor Nguyen. He questioned how many Orange County cities had a similar policy.

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City Manager Cordon stated staff had not conducted such a survey.

Council Member Nguyen indicated the action would impact Council Member Manzo' s career and questioned how he could face his children.

Discussion ensued regarding the item and how the item is written to not affect the Mayor.

Council Member Nguyen asked staff to further explain the process regarding when an item would be placed on an agenda as outlined in the staff report.

Council Member Phan West left the dais at 11: 24 PM.

Council Member Phan West returned to the dais at 11: 25 PM.

In response to Council Member Nguyen, City Manager Cordon explained the current and proposed processes for placing items on the agenda.

Council Member Phan West left the dais at 11: 28 PM.

Council Member Nguyen asked if it was legal to void pending items.

City Attorney Bettenhausen explained that previously authorized Council requests could legally be voided.

Council Member Phan West returned at 11: 30 PM.

Vice Mayor Ho commented on the need to implement a policy, due to the waste of time and resource and lack of the ability to move forward with the City' s business.

She discussed the number of items she had seconded for Council Member' s Phan West and Nguyen that benefited the City.

Council Member Phan West responded to comments made by Vice Mayor Ho and Council Member Manzo and items Vice Mayor Ho had seconded on her behalf. She discussed the lack of opportunity to second Vice Mayor Ho's requested items. She discussed the silencing of votes. She responded to comments made by Council Member Manzo regarding unprofessionalism of not calling members of the Council by their titles and called him a hypocrite. She requested proof of items that had been added to the agenda that were a waste of time. She indicated opposition that the Mayor did not need to follow the same policy and process to add items to the agenda.

Mayor Nguyen asked the City Attorney how much discussion was enough.

City Attorney Bettenhausen asked if the other Council Members had comments.

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Vice Mayor Ho discussed her support of Council Member Phan West' s items in the past; desire to not argue; Council Member Phan West hijacking agenda items; and that she would second appropriate items.

Council Member Manzo commented on the charade being displayed.

Council Member Nguyen commented on lies by Vice Mayor Ho; hijacking items of Council Member Phan West; and the Mayor' s denial of memoriam certificate.

Council Member Phan West stated it was un- American to silence the 1stAmendment Rights of Districts 1 and 4.

Vice Mayor Ho reminded Council Member Nguyen that the memoriam certificate was going to come back to the Council.

Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to:

A. Amend the process regarding the number of Council Members it takes to place an item on the agenda; and
B. Adopt Resolution No. 5280 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," as amended; and
C. Add a section to the agenda immediately following "ORAL COMMUNICATIONS CONCERNING NON- AGENDA ITEMS)" to be " BUSINESS MATTERS FROM CITY COUNCIL/ AGENCY MEMBERS;" and
D. Make this policy effective immediately; and
E. All pending City Council requested items shall be voided.

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

5. 15 Consider the Implementation of a Policy to Limit the Amount of Time Each Council Member has for Discussion of an Agenda Item.

Mayor Nguyen presented the item.

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MINUTES OF REGULAR MEETING
Motion was made by Mayor Nguyen, seconded by Vice Mayor Ho, to limit Council discussion and make the policy effective immediately.

Council Member Phan West asked why Agenda Item No. 5.9 was not being heard.

City Attorney Bettenhausen clarified the motion to reorder the agenda.

Council Member Phan West stated it was another way of silencing the voice and thanked the City Attorney for advocating for a second round of 5-minutes of comments. She questioned the process for implementing a misdemeanor for interruptions.

City Attorney Bettenhausen explained the allowance for adoption of rules and punishment; reasonable opportunity to speak on motions; protecting free speech; removal of council members; right to speak and right for the body to move forward on a motion; and need for self- regulation, honoring the chair. He discussed limits on punishing Council Members.

Council Member Phan West expressed disappointment in the Council running like a communist country.

Council Member Phan West and Nguyen requested the Mayor keep order of the public.

In response to Mayor Nguyen, City Attorney Bettenhausen explained that the Mayor could warn the public about disrupting the meeting.

Council Member Phan West continued to clap her hands in an effort to disrupt the meeting.

Mayor Nguyen requested the audience refrain from disrupting the meeting.

Council Member Manzo stated he had never seen such unprofessionalism of Council Members.

Mayor Nguyen left the dais at 12: 16 AM.

Council Member Nguyen left the dais at 12: 16 AM.

Council Member Phan West left the dais at 12: 16 AM.

RECESS: Vice Mayor Ho called for a recess due to lack of quorum at 12: 16 AM.

RECONVENE: Mayor Nguyen reconvened the meeting on Thursday, August 29, 2024 at 12: 22 AM.

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING

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 ( Arrived at 12: 24 AM)
COUNCIL MEMBER NAMQUAN NGUYEN, DISTRICT 4

5. 15 Continued - Consider the Implementation of a Policy to Limit the Amount of Time Each Council Member has for Discussion of an Agenda Item.

Motion was made by Mayor Nguyen, seconded by Vice Mayor Ho, to limit Council discussion and make the policy effective immediately.

The motion on carried, 3-0-2-0, by the following roll call vote:

AYES: C. NGUYEN, HO, MANZO
NOES: NONE
ABSENT: PHAN WEST, N. NGUYEN
ABSTAIN: NONE
Following Agenda Item No. 5. 15, Mayor Nguyen asked staff to confirm if Council Member Phan West and Council Member Nguyen are still in the building.

Council Member Phan West entered the meeting at 12:24 AM.

Mayor Nguyen announced that there are currently four members of the City Council present and would like to re- enter into Closed Session.

CLOSED SESSION

1. Conference with Legal Counsel pursuant to Government Code Section 54956. 9( d)( 2): Potential Litigation
Number of Cases: One ( 1)
Evaluation of letter from Vice Mayor Ho's Attorney received on August 14, 2024 RECESS: Mayor Nguyen recessed into Closed Session at 12: 26 AM.

RECONVENE: Mayor Nguyen reconvened the meeting to order at 12:30 AM.

ROLL CALL
PRESENT: MAYOR CHI CHARLIE NGUYEN
COUNCIL MEMBER CARLOS MANZO, DISTRICT 2

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING
VICE MAYOR KIMBERLY HO, DISTRICT 3
ABSENT: COUNCIL MEMBER AMY PHAN WEST, DISTRICT 1 ( Arrived at 12: 32 AM)
COUNCIL MEMBER NAMQUAN NGUYEN, DISTRICT 4 ( Arrived at 12: 32 AM)

CITY ATTORNEY/ CLOSED SESSION REPORT
City Attorney Bettenhausen announced that there was one item on the agenda and no discussion ensued due to lack of quorum, with Council Member Phan West and Council Member Nguyen absent.

THE FOLLOWING ITEMS WERE HEARD OUT OF ORDER

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.

Since this item was continued, the following motions from the August 14, 2024 meeting are being re- presented:

Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to take no action.

Substitute motion was made by Council Member Nguyen, seconded by Council Member Phan West, to discuss the item.

Council Member Phan West entered the meeting at 12:32 AM.

City Clerk Arocho called for the roll call vote on the substitute motion.

Council Member Nguyen entered the meeting at 12:32 AM.

Prior to the vote, Council Member Phan West commented on her right to speak and introduced the item.

Council Member Phan West and Council Member Nguyen spoke over each other regarding limits on the length of discussion and mutual respect.

Council Member Phan stated staff removed the email attachment from the continued agenda item.

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

MINUTES OF REGULAR MEETING
Vice Mayor Ho responded to comments made by Council Member Phan West indicating it was retaliation to thecensure.

Council Member Phan West interrupted Vice Mayor Ho.

Vice Mayor Ho continued discussing the Go Fund Me account and balance.

Council Member Manzo asked for clarification on an investigation. Police Chief Lenyi indicated no report had been made with the Westminster Police Department.

Council Member Manzo stated it was a private matter and true suspicion of fraud should be reported to law enforcement, not using her position to publicly smear someone' s character. He stated the City Attorney had determined it was not within the City' s jurisdiction prior to it being placed on the agenda.

City Attorney Bettenhausen explained the City Council's rules to place matters on the agenda.

Mayor Nguyen stated he had asked the City Manager and City Attorney why the item was on the agenda and they responded that the prior policy required it.

Mayor Nguyen thanked the City Council and members of the public for respecting the time limit policy. He indicated the matter was a personal matter and he wanted to protect the City from litigation.

Council Member Nguyen responded to Vice Mayor Ho about donating money.

Disruption occurred by the audience and Council Members Phan West and Nguyen requested the audience be controlled.

Council Member Nguyen stated he lost trust about Vice Mayor Ho.

Council Member Phan West discussed the cost of the funeral; funds in the Go Fund Meaccount; the statusof Vice MayorHo's attorney; andaccusedherof lying.

Council Member Nguyen left the dais at 1:11 AM.

Vice Mayor Ho responded to comments by Council Member Phan West.

Council Member Nguyen returned to the dais at 1: 15 AM.

Council Member Phan West left the dais at 1: 16 AM.

Vice Mayor Ho continued and explained the purpose of the Go Fund Me account.

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Mayor Nguyen left the dais at 1: 16 AM.

Council Member Nguyen left the dais at 1: 16 AM.

Council Member Phan West returned to the dais at 1: 16 AM.

Council Member Phan West left the dais at 1: 16 AM.

RECESS: The meeting went into recess due to lack of quorum at 1:16 AM.

RECONVENE: Mayor Nguyen reconvened the meeting at 1:22 AM.

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 ( Arrived at 1: 23 A. M.)
COUNCIL MEMBER NAMQUAN NGUYEN, DISTRICT 4 ( Arrived at
1: 23 A. M.)
Council Member Nguyen entered the meeting at 1:23 AM.

Council Member Phan West entered the meeting at 1:23 AM.

5. 9 Continued - 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.

Vice Mayor Ho discussed the letter from her attorney and purpose of the Go Fund Me account.

Council Member Phan West left the dais at 1: 27 AM.

Council Member Manzo questioned the City Attorney about a legal matter being placed on the agenda.

Council Member Phan West returned to the dais at 1: 31 AM.

City Attorney Bettenhausen discussed other contentious items placed on the agenda. He stated he was not aware of City Attorneys pulling items from agenda put

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

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on based on Council policy. He stated he raised the issue when he became aware of potential issues.

Council Member Manzo expressedconcernwith lack of indicationthat the City Attorney reviewed the matter prior to it being placed on the agenda.

City Attorney Bettenhausen explained limited staff resources with many Council items. He stated he caught the problem and provided legal advice.

Council Member Nguyen asked Mayor Nguyen whether Vice Mayor Ho met with Hsin or her relative in her office.

Mayor Nguyen indicated he did not recall.

Council Member Nguyen stated Vice Mayor Ho indicated she met in her office.

Mayor Nguyen discussed his efforts to have Closed Session seven times without a quorum and suggested not discussing the matter due to potential litigation.

Discussion ensued regarding whether Council Member Nguyen had additional time to speak.

Mayor Nguyen gave Council Member Nguyen two minutes.

Council Member Nguyen reviewed his notes and then accused Mayor Nguyen of caving to Council Members Manzo and Vice Mayor Ho. He forfeited the remaining 16 seconds.

CouncilMemberPhanWest requestedusingCouncilMemberNguyen's remaining 16 seconds.

Mayor Nguyen declined.

Substitute motion was made by Council MemberNguyen, secondedby Council Member Phan West, to continue to discuss the item.

Council Member Phan West commented about the disturbance from the audience.

Council Member Phan West left the dais at 1:51 PM.

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The substitute motion failed, 1-3-1-0, by the following roll call vote:

AYES: N. NGUYEN
NOES: C. NGUYEN, HO, MANZO
ABSENT: PHAN WEST
ABSTAIN: NONE
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to take no action.

The motion carried, 3- 1-1-0, by the following roll call vote:

AYES: C. NGUYEN, HO, MANZO
NOES: N. NGUYEN
ABSENT: PHAN WEST
ABSTAIN: NONE

5. 10 Resolution Determining Sanctions and Remedial Actions Related to Censure of Councilwoman Amy Phan West ( District 1), and Appointments to Outside Agencies.

Council Member Phan West returned to the dais at 1: 53 AM.

Motion was made by Vice Mayor Ho, seconded by Council Member Manzo, to adopt Resolution No. 5279 entitled, " A RESOLUTION OF THE MAYOR AND 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."
Substitute Motion was made by Council Member Nguyen, seconded by Council Member Phan West, to take no action.

Council Member Phan West stated the Council would do what it was going to do like a dictatorship, indicating censure was badge of honor. She stated she would not resign the Code of Ethics. She stated she was attacked in her car by one of the activists. She accused the Council of silencing their opponents, leaking closed session information on a property sale, illegal activity, which would come out under FBI investigations, and being a dictator.

Vice Mayor Ho pointed out the reason for proposing censuring Council Member Phan West.

Council Member Phan West continually interrupted Vice Mayor Ho.

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Mayor Nguyen issued a warning to Council Member Phan West.

Council Member Manzo commented on the poor behavior of Council Member Phan West.

Council Member Phan West requested using Council Member Nguyen's five minutes.

Council Member Phan West pointed out disruptions in the audience.

Mayor Nguyen issued a second warning to Council Member Phan West.

Council Member Nguyen discussed the upcoming end to Vice Mayor Ho's term and alleged a negative legacy. He discussed the supporters of Mayor Nguyen and bad reputation. He stated they were against democracy.

Substitute Motion was made by Council Member Nguyen, secondedby Council Member Phan West, to take no action.

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 Vice Mayor Ho, seconded by Council Member Manzo, to adopt Resolution No. 5279 entitled, " A RESOLUTION OF THE MAYOR AND 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."
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 Mayor Nguyen, seconded by Council Member Manzo, to make the following appointments to Outside Agencies:

Orange County Council of Governments ( OCCOG) ( Alternate) — Council Member Manzo

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Southern California Association of Governments ( SCAG) ( Alternate) — Vice Mayor Ho
Orange County Mosquito & Vector Control ( OCMVC) ( Board Trustee) — Mayor Nguyen
West Orange County Water Board ( WOCWB) ( Delegate)— Vice Mayor Ho, Delegate and Mayor Nguyen as Second Alternate
City Council Homeless Ad Hoc Subcommittee ( Member) — Council Member Manzo Council Member Nguyen left the dais at 2: 15 AM.

Council Member Phan West left the dais at 2: 15 AM.

The motion carried 3-0-2-0, by the following vote:

AYES: C. NGUYEN, HO, MANZO
NOES: NONE
ABSENT: PHAN WEST, N. NGUYEN
ABSTAIN: NONE

5. 11 Request to Consider Changing the Office of the Mayor from Directly Elected to Rotational.

Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to take no action.

Council Member Nguyen returned to the dais at 2: 18 AM.

Council Member Phan West returned to the dais at 2: 19 AM.

Council Member Nguyen asked the cost of the election and rotational Mayor system.

He stated Vice Mayor Ho and Council Member Manzo voted for a rotational Mayor on October 27, 2021 and now changed their minds. He stated he agendized the matter due to the actions of Mayor Nguyen and for fairness.

Council Member Phan West stated there needed to be more checks and balances, and the rotation was based on seniority.

Council Member Manzo stated Council Member Nguyen could have had a rotational Mayor if he had voted for it last time.

Council Member Nguyen interrupted Council Member Manzo.

Mayor Nguyen issued a first warning to Council Member Nguyen.

Council Member Manzo continued explaining the four- year term of Mayor Nguyen.

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Council Members Phan West and Nguyen continued to interrupt.

Council Member Manzo stated it was not responsible to discuss the matter, although he might support it at the appropriate time.

City Clerk Arocho and City Manager Cordon responded to questions of Council Member Nguyen, indicating the June 2022 Special Election cost approximately 120,000, with staff time and labor included in daily tasks; need for redistricting if returning to a rotational Mayor; cost for demographers; timing for election; and rotational versus directly elected in Orange County.

Council Member Nguyen discussed the percentage of directly elected Mayors. He stated the 2022 election cost $ 200, 000, which was a waste of money. He listed the directly elected and rotating Mayors in neighboring cities.

Council Member Phan West stated the Mayor was becoming a dictator and discussed the four- year mayoral position. She suggested a rotating mayor and accused Mayor Nguyen, Vice Mayor Ho and Council Member Manzo of lies and corruption.

Mayor Nguyen stated there was no way to remove himfrom office and it was a waste of time.

By consensus, a majority of the Council agreed to end discussion on the item and move forward with the vote.

Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to take no action.

During the roll call vote, Council Member Phan West continued to state that her vote does not matter and was refusing to make a vote.

Mayor Nguyen continued to request the vote of Council Member Phan West and due to no response, Mayor Nguyen asked City Clerk Arocho to note the vote for Council Member Phan West as ` abstain' or ` refusal to vote'.

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

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5. 12 Request for a Resolution of Censure, Based on Actions of Mayor Chi Charlie Nguyen.

Council Member Nguyen discussed the reasons Mayor Nguyen should be censured.

City Attorney Bettenhausen cautioned Council Member Nguyen on potential religious discrimination.

Council Member Phan West requested to speak next.

Mayor Nguyen deferred to Council Member Phan West.

Council Member Phan West indicated she was looking at her notes and requested reclaiming her time. She discussed a vehicle accident involving Mayor Nguyen.

In response to Mayor Nguyen, City Attorney Bettenhausen encouraged not making defamatory, discriminatory comments and that comments on censure should be related to the office.

Council Member Phan West commented on funds reallocated from an archway to homelessness and accused staff of hiding information.

Mayor Nguyen stated there was no evidence of the accusations. He asked about the fund allocation for archway funds.

Council Member Manzo left the dais at 3: 16 AM.

In response to Mayor Nguyen, City Attorney Bettenhausen explained the agreement with the County over discretionary funds for an archway Council Member Phan West left the dais at 3: 19 AM.

Council Member Nguyen left the dais at 3: 19 AM.

Council Member Manzo returned to the dais at 3: 19 AM.

Council Member Phan West returned to the dais at 3: 19 AM.

Council Member Nguyen returned to the dais at 3: 19 AM.

Motion was made by Mayor Nguyen, seconded by Vice Mayor Ho, to take no action.

Mayor Nguyen stated the allegations were not based on facts.

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Council Member Nguyen discussed the $ 1M allocation from the County and Homeless Task Force.

In response to Council Member Nguyen, City Attorney Bettenhausen stated there was an email from the County requesting the $ 1M back.

Council Member Nguyen discussed nepotism due to appointments to commissions by Mayor Nguyen and Vice Mayor Ho.

Council Member Phan West expressed concern about the lack of meeting regarding the $ 1M for homelessness. She expressed concern with appointing family members to the Westminster Community Foundation and questioned use of funds.

Mayor Nguyen indicated comments made by Council Member Phan West and Council Member Nguyen were untrue.

Mayor Nguyen gave Council Member Phan West the first warning.

In response to Mayor Nguyen, Assistant City Manager Cordon stated the $ 1M was still in the City' s possession.

Mayor Nguyen stated the matter was discussed in Closed Session.

City Manager Cordon explained the mayor' s involvement in standard City practice.

Council Members Nguyen and Phan West continued to argue the matter.

By consensus, a majority of the Council agreed to end discussion on the item and move forward with the vote.

Substitute Motion was made by Council Member Nguyen, seconded by Council Member Phan West, to direct staff to prepare a Resolution of censure against Mayor Chi Charle Nguyen.

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 take no action.

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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

5. 13 Request for a Resolution of Censure, Based on Actions of Vice Mayor Kimberly Ho ( District 3).

Council Member Phan West indicated Vice Mayor Ho appointed family members to commissions. She commented on bullying of residents by resident, and suggested Mayor Nguyen and Vice Mayor Ho should have addressed the concern. She stated she had to stop Vice Mayor Ho from leaking confidential information. She blamed Mayor Nguyen, Vice Mayor Ho and Council Member Manzo on the excessive litigation.

Council Member Nguyen discussed problems caused by Vice Mayor Ho and reasons for censure.

Mayor Nguyen left the dais at 3: 55 AM.

Mayor Nguyen returned to the dais at 3: 56 AM.

Vice Mayor Ho commented on the inappropriate behavior of Council Members Phan West and Nguyen.

Mayor Nguyen gave a second warning and asked Council Member Phan West to respect Vice Mayor Ho' s time.

Vice Mayor Ho stated she did not leak the public letter from her attorney.

Council Member Phan West continued to disrupt the meeting.

Vice Mayor Ho reiterated that she did not leak closed session information, rather a lack of understanding by Council Members Nguyen and Phan West.

Mayor Nguyen gave Council Member Phan West a third and final warning.

Vice Mayor Ho continued indicating the censure information was copy and paste from her censure report and it was retaliation.

Motion was made by Vice Mayor Ho, seconded by Council Member Manzo, to take no action.

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Council Member Manzo suggested evidence be provided.

Council Members Nguyen and Phan West continued to interrupt the meeting.

Council Member Phan West discussed Vice Mayor Ho threatening to fire the City Attorney; use of profanity; and commented on a picture of Vice Mayor Ho sleeping at a conference.

Mayor Nguyen requested Council Member Phan West not talk to the audience.

Council Member Nguyen called Vice Mayor Ho a hypocrite and liar. He requested an investigation on the money from the County.

Vice Mayor Ho responded to comments from Council Members Nguyen and Phan West, including her not filing nomination papers.

In response to Council Member Phan West, City Attorney Bettenhausen stated he would prefer not to respond.

By consensus, a majority of the Council agreed to end discussion on the item and move forward with the vote.

Substitute motion was made by Council Member Nguyen, seconded by Council Member Phan West, to direct staff to prepare a Resolution of censure against Vice Mayor Kimberly Ho.

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 Vice Mayor Ho, seconded by Council Member Manzo, to take no action.

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

6. LEGISLATIVE ITEM - None

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7. COMMISSION AND COMMITTEE ITEM - None

8. ORAL COMMUNICATIONS CONCERNING NON- AGENDA ITEMS The followingindividualsspoke underOral CommunicationsConcerningNon-Agenda Items:

1. Tina Tapia indicated she was a victim of domestic violence and of mental and verbal abuse.

Council Member Nguyen left the dais at 4: 27 AM.

Council Member Phan West left the dais at 4: 31 AM.

2. Pam Gremling commented on the disruptive behavior of Council Member Phan West and Council Member Nguyen, and the lack of representation by Council Member Phan West for District 1.

Council Member Phan West returned to the dais at 4: 32 AM.

3. John Angrisani commented on inappropriate events that occurred between him and members of the public/ audience.

Council Member Phan West responded to Mr. Angrisani's comments on bullying.

Mayor Nguyen requested Council Member Phan West not respond to the public.

Council Member Phan West left the dais at 4: 37 AM.

4. Tami Hammell commented on the poor behavior of Council Member Phan West and suggested she be removed from meetings.

5. Tony asked why Council Members Phan West and Nguyen were absent from the dais; urged firing of the City Attorney; and indicated the Vietnamese community did not like Council Members Phan West nor Nguyen.

6. Terry Rains commented on the recent passing of LaDonna Wayne. She expressed frustration with disfunction at the meeting and put on notice Mayor Nguyen and City Attorney Bettenhausen for her being called out by name from the dais and by members of the public. She urged control of the Council and outside legal advice.

She stated the policies needed to be enforced and legal advice consistent.

Mayor Nguyen thanked members of the public for speaking.

Council Member Phan West returned to the dais at 4: 46 AM.

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Council Member Nguyen returned to the dais at 4: 46 AM.

8. COMMENTS AND REQUESTS FOR AGENDA ITEMS FROM CITY COUNCIL/ AGENCY MEMBERS ( Including AB 1234 Report when required) Motion was made by Council Member Nguyen, seconded by Council Member Phan West, to install a 4th flag pole in front of City Hall to display the yellow flag with three red stripes to honor those in the Vietnam war.

Council Member Phan West explained the purpose of the flag.

The 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 Nguyen, seconded by Council Member Phan West, to discuss the $ 1M from the County.

Council Member Phan West explained the purpose of the flag.

In response to Mayor Nguyen, City Attorney Bettenhausen indicated there was potential litigation regarding the matter.

Council Member Manzo questioned the appropriateness since the matter was potential litigation.

The 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 Nguyen, seconded by Council Member Phan West, to request an investigation into potential targeting against Council Member Phan West.

In response to Mayor Nguyen, City Attorney Bettenhausen suggested the matter be discussed in Closed Session.

Mayor Nguyen asked if Council Members Nguyen and Phan West would attend closed session. Both indicated they would attend.

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The motion carried, 5-0, by the following roll call vote:

AYES: C. NGUYEN, HO, PHAN WEST, N. NGUYEN, MANZO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Vice MayorHo reiteratedherrequestfor discussionon the SupremeCourtrulingon homeless encampments.

Council Member Phan West stated she had previously requested the matter come to the Council in July.

City Manager Cordon explained that the matter would be brought back on the next agenda.

Motion was made by Council Member Manzo, seconded by Vice Mayor Ho, to discuss a property ordinance regarding blight in the community.

In response to Council Member Nguyen, City Attorney Bettenhausen stated the City could address attractive nuisances.

The motion carried, 4-1, by the following roll call vote:

AYES: C. NGUYEN, HO, MANZO, N. NGUYEN
NOES: PHAN WEST
ABSENT: NONE
ABSTAIN: NONE
Motion by Council Member Phan West, to implement the Supreme Court ruling to aid the homeless with compassion while enforcing the law of the City of Westminster.

Council Member Nguyen left the dais at 5: 10 AM.

In response to Mayor Nguyen, City Attorney Bettenhausen stated the discussion should occur prior to action.

The motion died due to lack of a second.

Council Member Nguyen returned to the dais at 5: 11 AM.

Motion by Council Member Phan West, seconded by Council Member Nguyen, to agendize a thorough investigation into Vice Mayor Ho leaked confidential information from a closed session about a property sale.

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In response to Mayor Nguyen, City Attorney Bettenhausen stated a general discussion could be held.

Council Member Phan West indicated she knew what the outcome would be so they would bring it to the FBI.

The motion failed, 2-3, by the following roll call vote:

AYES: PHAN WEST, N. NGUYEN
NOES: C. NGUYEN, HO, MANZO
ABSENT: NONE
ABSTAIN: NONE
Council Member Phan West thanked Tina Tapia for sharing her incident. She engaged in conversation with the audience.

Council Member Phan West thanked law enforcement for being in attendance and keeping the City safe; and commented on bullying of members of the public by residents.

Mayor Nguyen thanked everyone for staying throughout the meeting.

10. COUNCIL ADJOURNMENT
Mayor Nguyen adjourned the meeting at 5:20 a.m. on Thursday, August 29, 2024.

The next Regular Meeting will be held on Wednesday, September 11, 2024, at 6:00 p.m.

Respectfully s bmitted:

ST ON R ANCHO, MMC

CITY CLEK
APPROVED:

CHI ''' LIE -
1"-
U
MAYOR

CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY AUGUST 28, 2024

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ATTEST:
i3t( fito a/1/
9 ASHTON R. AROC 0,r MC

CITY CLERK
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